HomeMy WebLinkAboutbocc.ord.028.2021RECEPTION#: 678433, R: $0.00, D: $0.00, 07/0 12021 at 01:23:40 PM, Pgs 1 of 35, Janice K. Vos Caudill, Pitkin County, Co
Contract No. 136.2021
(Attached)
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO GRANTING AN EASEMENT TO LAZY GLEN
HOMEOWNERS' ASSOCIATION, INC. FOR THE CONSTRUCTION AND
MAINTENANCE OF AN UPGRADED WASTE WATER TREATMENT SYSTEM
ORDINANCE NO. 028- 2021
RECITALS
1. Pursuant to C.R.S. § 30-35-301, the Board of County Commissioners of Pitkin
County, Colorado (the "BOCC"), a Home Rule County, is authorized to make and publish
ordinances for carrying into effect or discharging the powers and duties conferred upon such
counties by law and as seems necessary; and
. Pursuant to Section 2.8.1 of the Pitkin County Home Rule Charter, the Board of
County Commissioners of the County of Pitkin, Colorado is authorized to take official action by
Ordinance for certain matters as set forth in the Home Rule Charter as well as the Colorado Revised
Statues as amended; and
3. Section 2.8.1.1 ofthe Pitkin County Home Rule Charter provides that official action
by ordinance shall be required for the "granting of easements in public lands, acquisition, vacation,
sale, or purchase of any real property asset, lease in excess of one year of public lands, and
authorization of proceedings in eminent domain;" and
4. The proposed Easement Agreement (the "Easement Agreement") with the Lazy
Glen Homeowners' Association, Inc. ("LazyGlen") is intended to grant an easement Lazy Glen
to access and use property owned by Pitkin County, upon the terms and conditions and in the
location set forth therein, for the purpose of constructing and maintaining a waste water treatment
system to the serve the Lazy Glen community. A copy ofthe Access Easement Agreement and its
Exhibits are appended hereto as Exhibit 1; and
5. The Easement Agreement is necessary to facilitate replacement of the existing
waste water treatment currently serving Lazy Glen, which is not adequately serving the community
and causing sewage and other untreated waste water to leak into the Roaring Fork River.
6. The BOCC desires to grant the easements and enter into the Easement Agreement
for to allow Lazy Glen to remedy this environmental health hazard; and
7. The terms of the Easement Agreement are set forth, and the Chair (or Chair's
designee) shall be authorized to execute each in a form substantially similar to those attached
hereto as Exhibit 1 upon adoption by the BOCC and with approval to form by the Pitkin County
Attorney's Office; and
8. The BOCC finds that adoption of this Ordinance is necessary for the immediate
preservation of the public health, safety, and welfare of the citizens of Pitkin County and therefore
declares this Ordinance to be effective immediately upon adoption.
1
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NOW THEREFORE, BE IT ORDAINED that the Board of County Commissioners of
the County of Pitkin, Colorado, hereby adopts this Ordinance Granting an Easement to Lazy Olen
for the Construction and Maintenance of an Upgraded Waste Water Treatment System. The Chair
of the Board of County Commissioners of the County of Pitkin, Colorado, or his or her designee,
is further authorized to execute such documents as necessary to consummate this transaction
subject to the recommendation for approval as to form by the County Attorney.
INTRODUCED AND FIRST READ ON THE 9TH DAY OF JUNE 2021 AND SET FOR
SECOND READING AND PUBLIC HEARING ON THE 2 RD DAY OF HUNE 2021.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 1 TH DAY OF JUNE
2021.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON
THE OFFICIAL PITKIN COUNTY WEBSITE www,pitkincounty.com ON THE 1OTH DAY
OF JUNE, 2021.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 23RD DAY OF
JUNE 2021.
PUBLISHED BY TITLE AN TD SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 1ST DAY OF JULY 2021.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITK N COUNTY
WEBSITE www.pitkincounty.com ON THE 24TH DAY OF JUNE 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By: ititix tbi By: PaM a6trini
Deputy County Clerk Patti Clapper, Vice Chair
Date: aura-25-2021
APPROVED AS TO FORM: MANAGER APPROVAL
By: � By: PLIAS M.af�u,
Richard Y. Neiley III
Asst. County Attorney
Phylis Mattice for Jon Peacock, County Manager
RECEPTION#: 678433, 07109120 1 at 01:23:40 PM, Pgs 3 of 35, Janice K. Vos Caudill, Pitkin County, Co
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (the "Agreement"), dated 2021
is between the BOARD OF COUNTY COMMISSIONERS OF PITI IN COUNTY,
COLORADO, a body corporate and politic whose address is 530 E. Main St., Suite 302, Aspen,
Colorado 81611 ("Grantor" or "Pitkin County") and LAZY GLEN HOMEOWNERS'
ASSOCIATION, INC., a Colorado nonprofit corporation whose address is 101 Lazy Glen,
Snownmass, Colorado 81654 ("Grantee" or "Lazy Glen" (collectively, the "Parties").
RECITALS
A. Pitkin County is the owner ofthe real property referred to as Pitkin County Assessor
No. R022275 and depicted on page five (5) of the Subdivision Plat for the Lazy Glen Subdivision
as the "2.898 Acres Dedicated to Pitkin County per County Resolution No. 9 -1 " the "Pitkin
County Property"). The Subdivision Plat for the Lazy Glen Subdivision is recorded in the real
property records of the Pitkin County Clerk and Recorder's Office at Reception No. 465140 and
is appended to this Agreement as Exhibit A and incorporated by this reference.
B. Lazy Glen is the owner of the real property referred to as Pitkin County Assessor
No. R018806, which is also depicted on page five 5 of Exhibit A as "Common Area Parcel C"
(the "Lazy Glen Property").
C. Lazy Glen desires to upgrade and modify its existing wastewater treatment system,
currently located entirely on the Lazy Glen Property.
D. The upgraded wastewater treatment system ("Upgraded WWTP" requires
construction of a new building located on both the Lazy Glen Property and Pitkin County Property.
E. Access roads exist on the north and south sides ofthe lagoon as depicted on Exhibit
B. The main access for the Upgraded WWTP will be on the south side of the lagoon across Lazy
Glen Property; however, Lazy Glen will use the northern road, traversing both the Pitkin County
Property and a second Lazy Glen parcel (Assessor No. R01 0 7) ("Northern Access Road"),
during the Upgraded WWTP construction.
F. Pitkin County grants an easement to Lazy Glen under the terms of this agreement
across, under, and upon the Pitkin County Property, which will allow Lazy Glen to construct and
operate the Upgraded WWTP, and will also provide for the right to access, maintain, use, operate,
repair, and replace the Upgraded DTP.
G. Pitkin County also grants an access and construction easement to Lazy Glen under
the terms of this agreement across and upon the Pitkin County Property in favor of the Lazy Glen
Property, which will allow Lazy Glen to access the Lazy Glen Property for the duration of
construction of the Upgraded WWTP.
AGREEMENT
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In consideration of the covenants, conditions and terms of this Agreement, and other
valuable consideration, the parties agree as follows:
1. Pitkin County's Grant of Easement in Favor of Lazy Glen. Pitkin County, as the
owner of the Pitkin County Property, grants, bargains, sells, and coveys to Lazy Glen, as the owner
of the Lazy Glen Property, a perpetual, non-exclusive easement and right-of-way over, under, and
across 0.0577 acre on the Pitkin County Property depicted on Exhibit B and legally described on
Exhibit C attached for purposes of access, installation, operation, maintenance, repair, and
replacement of the Upgraded WWTP ("WWTP Easement"). The WWTP Easement will, for all
purposes, be an easement appurtenant to the Lazy Glen Property and for the benefit of the Lazy
Glen Property, and will bind and be a burden upon the Pitkin County Property, which
appurtenance, benefit, and burden will run with the land.
2. Pitkin County's Grant of Construction Easement in Favor of Lazy Glen. Pitkin
County, as the owner of the Pitkin County Property, grants, bargains, sells, and conveys to Lazy
Glen, as the owner of the Lazy Glen Property, a temporary, non-exclusive easement and right-of-
way over, under, and across 0.0542 acre on the Pitkin County Property depicted on Exhibit B and
legally described on Exhibit D for purposes of access, construction, and installation of the
Upgraded WWTP ("Construction Easement"). The Construction Easement will exist only until the
completion of the construction and installation of the Upgraded WWTP. Upon completion of
construction, Lazy Glen will restore and revegetate the Construction Easement area to the
condition that it existed in prior to its use to facilitate construction of the Upgraded WWTP.
Thereafter, Lazy Glen will provide notice to Pitkin County confirming completion of the
construction and restoration, and Pitkin County will have an opportunity to inspect restoration of
the Construction Easement to confirm it has been restored to Pitkin County's satisfaction.
3. Contingency Regarding Land Use Application Approval. Lazy Glen expressly
acknowledges and agrees that this Agreement is contingent on Pitkin County approving the Lazy
Glen's land use application submitted for construction of the Upgraded WWTP. This Agreement
shall only remain in effect if Lazy Glen remains in compliance with the various conditions of
approval and other requirement set forth in BOCC Resolution No. 043-2021, BOCC Resolution No.
043-2021 is by this reference made a part of this Agreement and is attached hereto as Exhibit E.
4. Pitkin County's Reserved Rights. Pitkin County reserves all rights of ownership in
and to the Pitkin County Property, which are not inconsistent with this Agreement and the
easement granted in it, including, without limitation, the right to grant further easements on, over
or across the Pitkin County Property. Pitkin County further reserves the right to use the Pitkin
County Property for all uses not materially and adversely interfering with the WWTP Easement or
Construction Easements granted to Lazy Glen. Nothing will create or be construed to have created
any other right, interest, privilege, or license in or to any portion of the Pitkin County Property,
other than as expressly stated in this Agreement.
5. Maintenance. Lazy Glen will, at its sole cost and expense, perform any and all work
(including maintenance and repair work) that may be required to make the WWTP Easement and
Construction Easement reasonably available for the uses set forth in Sections 1-2, above.
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6. Notices. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of
the following methods 1 hand -delivery or 2 registered or certified mail, postage pre -paid to the
mailing addresses set forth below. Each party by notice sent under this paragraph may change the
address to which future notices should be sent. Electronic delivery of notices shall be considered
delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained
herein shall be construed to preclude personal service of any notice in the manner prescribed for
personal service of a summons or other legal process.
To Pitkin County:
County Manager
123 Emma Rd., Suite 106
Basalt, Colorado 81621
Email: j n.peacock@a pitkincounty.com
To Lazy Glen:
Lazy Glen Homeowners' Association, Inc.
c/o Chris Trautner
101 Lazy Glen
Snowmass, Colorado 81654
lazyglen@sopris.net
trautnerlong@gmail.com
With copies to:
Pitkin County Attorney's Office
123 Emma Rd., Suite 204
Basalt, Colorado 81621
Email: attorney@pitkincounty.com
With copies to:
Patrick, Miller & Noto, P.C.
c/o Paul Noto and John Sittler
229 Midland Ave
Basalt, CO1621
noto@waterlaw.com
sittler@waterlaw.com
7. Indemnification and Release. Lazy Glen assumes any risk involved in the use of
the WNITTP and Construction Easements, and releases and discharges Pitkin County and its
successors and assigns from any liability for loss, damage or injury incurred by Lazy Glen or third
parties as a result of or in connection with Lazy Glen's and its guests' and invitees' use, entry or
presence upon the WWTP and Construction Easements, or Lazy Glen's and its guests' and
invitees' activities thereon pursuant to the WWTP and Construction Easements. To the extent
permitted by law, Lazy Glen must indemnify, defend and hold harmless Pitkin County, and its
successors and assigns from and against any and all claims, actions, causes of action, liability,
losses, damages, costs or expenses, including reasonable attorney fees, and including, without
limitation, any and all mechanics' and materialmen's liens and claims, which may be imposed
upon or incurred by Pitkin County, and which arise from or are related to Lazy Glen's use of the
WWTP and Construction Easements, or the operation, construction, maintenance, repair,
modification, or any part of them.
8. Notice of Default, Right to Cure. In the event of a party's default under the
provisions of this Agreement, the non -defaulting party must, prior to the exercise of any right or
remedy, give the defaulting party written notice of the default together with the right for a period
of ten (10) days after receipt of notice to cure the default. If an alleged default by its nature is not
capable of being cured within the time provided, the defaulting party will, provided that such
defaulting party is proceeding with all due diligence, have up to an additional twenty 2 days to
RECEPTION#: 678433, 07109120 1 at 01:23:40 PM, Pgs 6 of 35, Janice K. Vos Caudill, Pitkin County, Co
cure the default. If a default is not cured within the time provided or any extension granted (which
right to cure period must not under any circumstances exceed in the aggregate thirty 0 days),
the non -defaulting party must then and thereafter be free to pursue any right or remedy allowed by
this Agreement or otherwise by law.
9. Binding Effect; Covenants Running with the Land. This Agreement is binding
upon and inures to the benefit of the parties and their respective successors and assigns forever
and the benefits and burdens constitute covenants running with the title to the Pitkin County
Property and the Lazy Glen Property, respectively. Notwithstanding anything to the contrary, this
easement may be subject to existing easements of record or accruing under common law.
10. Attorney Fees. In the event legal remedies must be pursued to resolve any dispute
or conflict regarding the terms of this Agreement or the rights and obligations of the parties, the
prevailing party will be entitled to recover costs incurred in pursuing such remedies, including
expert witness fees and reasonable attorney fees.
11. No Waiver of Governmental Immunity. Grantee and Grantor, its directors,
officials, officers, agents, and employees are relying upon and do not waive or abrogate, or intend
to waive or abrogate by any provision of this Agreement the monetary limitations or any other
rights, immunities, or protections afforded by the Colorado Governmental Immunities Act, C.I.S.
§§ 24-10-101, et seq., as it may be amended from time to time.
12. No Assignment Without Written Consent. Grantee will not, without first obtaining
the prior written consent of Grantor, sell, assign, transfer, encumber, hypothecate, or sublease any
or all of the rights, interests, or obligations under this Agreement.
13. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties relating to the subject matter. All preceding representations or
agreements relating to the subject matter, whether written or oral, are merged into this Agreement.
14. Modification. No provision or term of this Agreement may be amended, modified,
revoked, supplemented, waived, or otherwise changed except by a written instrument duly
executed by the parties hereto or the parties' successors and assigns.
15. Severability. If any term or provision of this Agreement is held to be invalid or
unenforceable by a court with competent jurisdiction or by operation of statute, the remaining
terms and provisions of this Agreement will continue to exist and will be valid and enforceable to
the fullest extent permitted by law.
16. Waiver. Any waiver by either party of any breach of any kind or character
whatsoever by the other party, whether direct or implied, will not be construed as a continuing
waiver of or consent to any later breach of this Agreement on the part of the other party.
17. Default. Either party will have the right to enforce the obligations of performance
of the other party through litigation seeking an award of damages or injunctive relief.
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18. Counterparts. This Agreement may be executed in counterparts and, as executed,
will constitute one agreement, binding on all of the parties notwithstanding that all said parties are
not signatory to the original or same counterpart.
19. Governing Law and Venue. This Agreement will be governed and construed in
accordance with the laws of the State of Colorado. Venue for all actions arising under this
Agreement will be in the District Court, Pitkin County, Colorado.
20. Recordation. Upon execution by the parties, this Agreement must be recorded in
the real estate records of Pitkin County, Colorado.
21. Correction Documents. In the event any clerical or other errors are found in this
Agreement or any legal descriptions or other exhibits, or in the event any exhibit is missing, the
parties agree to promptly execute, acknowledge, initial and deliver as necessary any
documentation in order to correct the erroneous document, description, exhibit or to provide any
missing exhibit.
22. Authority to Sign. The parties acknowledge and represent to each other that all
procedures necessary to validly contract and execute this Agreement have been performed and that
the persons signing for each party have been duly authorized to do so.
[Signature Page(s) Follow]
RECEPTION#: 678433, 07109120 1 at 01:23:40 PM, Pgs 8 of 35, Janice K. Vos Caudill, Pitkin County, Co
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective
as of the date set forth above.
PITI IN COUNTY:
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
.
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Print Name: a
Title:
Date: 042 24 Zo24
APPROVED TO FORM:
By:
STATE OF �G )
ss.
COUNTY OF
Richard Y. Neiley III, Assistant County Attorney
Sub Bribed, sworn to and cknc___, = _ _ ' ,_ - e me this day of--
202 I , by Y— ,► of Pitkin County, Colorado.
Witness my hand and official seal.
My commission expires:
JEANEnE JOKES
NOTARY ����az� �o s��
suy
Nc
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RECEPTION#: 678433, 07109120 1 at 01:23:40 PM, Pgs 10 of 35, Janice K. Vos Caudill, Pitkin County, CO
Exhibit A to Easement Agreement
(Legal Description of the Pitkin County Property)
RECEPTION#: 678433, 07109120 1 at 01:23:40 PM, Pgs 11 of 35, Janice K. Vos Caudill, Pitkin County, CO
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RECEPTION#: 678433, 07109120 1 at 01:23:40 PM, Pgs 16 of 35, Janice K. Vos Caudill, Pitkin County, CO
Exhibit B to Easement Agreement
(Legal Description of the Lazy Glen Property)
RECEPTION#: 678433, 07/09/2021 at 01:23:40 PM, Pgs 17 of 35, Janice K. Vos Caudill, Pitkin County, CO
D IIHIHXI
RECEPTION#: 678433, 07109120 1 at 01:23:40 PM, Pgs 18 of 35, Janice K. Vos Caudill, Pitkin County, CO
Exhibit C to Easement Agreement
(Depiction o, f Utility and Construction Easements)
RECEPTION#: 678433, 07/09/2021 at 01:23:40 PM, Pgs 19 of 35, Janice K. Vos Caudill, Pitkin County, CO
ofes.io
urveying Services
'Serving Western GolorAdo sinee 101"
,Permanent Easement for VVaste Water Treatmentfiant
An easematt tor: thio oonsliructiort: temost.;...ruotioN operat iftlWatiort realttteatit
replpoe.me.nt arid repair :Of a waste water treatmmtplant facility; :said easement
.erioutriWng .4 .011ton of PithIn County Open ..Spaoo. parcel No 2.4672-1,300$05, said ror.: -
:beirig a .portion ..of. 'Parcel DP as defined on :the plat of Lazy Glen .Subdivisiorfaccording the
sulattiVipforl :Plot thereof as Mott for r000rti Marott 3,.5:-,.-2002 in Plat Book 60 t Pages '20 to
.29 '0)10o Reo�ption No. 46314O oncl. being situated 10.Sootion 21, Ibwrohip 8 South •/ Range
86:West ofthe 101: RNLI county .41 Pitldn/. to of Cedidtadb), said: easerneilt encumbering the
following described traot of land astotto •
(Bearings- as r6eit.:ed in this :,description are based upon a t atatlatd bearing of
for the tine b0Votoon the No ritiwea oorner :of• Wit: 94 and the Southwest
tliar-not of Lot 22 af id Lazy GI.On SubdNisfOn,r. MOTIvrtiOtitatitm :b6lettit:fOund at each end of
this line is a mbar with a.* platip cap, PLS No, 1.81,016! All tInfor citmensior* redted in 011$:
description . are in US Sotvey
Beginning at the: Scotherly apgia ptnt of .Parcoi Dfrom „ben -the. :Nort4w
told Lot .94 boom feet and the I.oeatkA of AP 2 .Ttatt '65 irt said
Section 21. bears N..$8°3270-:(7W.: .1.10.16. feet as shown :On said plot. ..of Lazy .elen.
sukirlivision4 there A:142ng the Southerly line of that 'tract :or la110 as desribed in 1:0010.
.,County ResokLtion No 08403 N.754 05154.4E.: 4i.3o feet; thellee depattIng tat line.:
IV.35A-231I-691W. 41.62 'feet; theme $.53'29.42:"W1 '3341. feet; thence KI7
5020 feet; thence .S.. 12°53.1031N.4 21..S2 feet to a -pdint on 'the, Southerly lino of said Parcel'
thence LS:17•P'061481'.T„ :66,714.eth.1.6tig said Southerly line to the Point :or iitginning,
Spid. co.sem tortpuntior :art f 'ft or (ILO .5.177 00reS :as 4.eztri1400. 110.roirti
Prepared by;
..Sarnutal
Colorado .Lrcnsed Professional
Land Surveyor No. '27.613
Far and .150hatt of %NO:4 Inc
k:QpIoraclo :Corporation
March 04, 2021.
.0W1:0 AV.6.N te.. No J .26
Post Office Box.2782
Glenwood Springs, CO 816O22:782
Ph: (97:0).. •94.5-5.94$ ToH Free 1.466.145045:
RECEPTION#: 678433, 07109120 1 at 01:23:40 PM, Pgs 20 of 35, Janice K. Vos Caudill, Pitkin County, CO
Exhibit D to Easement Agreement
(Legal Description of Utility Easement)
RECEPTION#: 678433, 07/09/2021 at 01:23:40 PM, Pgs 21 of 35, Janice K. Vos Caudill, Pitkin County, CO
SureCo, Inc.
Professionaj Land Sury Serv'
_rthig Wes LI Cokrado shwe 1991"
Temporaiv ,Constr4ction Easenient for W-4ste Water Treatment Plant
A temporary sement for the OonStruction of a wast-e ter treatment plaPt taGititY* said
easement encumbering a portion of Pitkin County Open Spac parcel No. 2461213908
said partei being a oortion of 4ParcellY1 as defined on the tat Of Lazy Gieri Subdivision
according the Subdivision plat thereof asfiled for record Marth 1.5-r 2002 in Plat Book GO at
Pages 25 to 29 under Reception No. 466140 and being situated in Section 21, Township
South, Range 86 'West of the Oth P.M, County of Pitkin, Stat of Co!oracioy saki easement
encumbering the following described tract of land as follows:
:Bearings aa. :ream -id in.. t.111$ 4escripOn are, based Li, a ,caloulated beating of
,$.73°';397157E. for the line between the Northwest corner o Lot 94 and the Southwest
cornet of Lot 22 ::of said Lazy Won Subdivision. Mornimentatth being found iat each end, of
this tine is a calor with mastic cap, ?LS No. 13166... Alt itnow climeneion4 recited in: this
(10.s.ttiption are in US Survey fett)
Begun:41g aoutterly .441g1:0 'pOint C.1 from whence the NottliWest cornet or
$akt Lot 94 beam ,$:72°'.161.3575E. 516.06: feet and the locaiiiorl 'of" .AP 2 Tract 65, in :said
Section 2:1. bars .1%.$063.2/01Ab 11616 feet as .shown On Said Oat: .of. :Lazy Glen
subdivision,r.: thenoe. along:the .Southerty. tine' of that trect o JAN' .as. described: In .Pitkin
Couty Resolution N04'98468 N..75.'705544.E 41.30 feet. to the True .point of ,Beginning of
the easement tletwibod berairt; theme .ormtitiuing along said line N.75.9 05154'1.E. 38.4e toot
tent* departing. said. line Nv50 3.87.$9"W. 71.49 feet; thence .:6935 feet
:thence .S.77-40615.7"E. 28..14.160t; thence feet; thente.S351:23.t16.7E..
41..82fealtO tho True. Point of i3e.ginning„
Said ea.S.Olirient eriaentefing.On. area :of ft. or 0.0.54 ecreS sdetort
13-reparat.by:
SArnmel0 PhOP's
Ccitorado Lloonsed..Profossionat
Land Surveyor No, 27./.0.13
For :And Botialf
A.Q.01o.rotic.Corpqrati-on
Ntaith. 04, 2021
827112 ue Suite :Mi.. "86,'
P-ostOffio:Box:2'.7.$2
Glenwood Springs, CO 81602-27132
Ph (970) $45,:5945: Toil:Free 1-866-945-
tr1411; Lora
5945
RECEPTION#: 678433, 07109120 1 at 01:23:40 PM, Pgs 22 of 35, Janice K. Vos Caudill, Pitkin County, CO
Exhibit E to Easement Agreement
(Legal Description of Construction Easement)
RECEPTION#: 678433, 07/09/2021 at 01:23:40 PM, Pgs 23 of 35, Janice K. Vos Caudill, Pitkin County, CO
EXHIBIT E
SureCo, Inc.
Professionaj Land Sury Serv'
_rthig Wes LI Cokrado hce 1991"
Temporaiv _Constr4ction Easeitent for Waste Water Treatment Plant
A temporary sement for the OonStruction of a wast-e ter treatment plaPt toititY* said
easement encumbering a portion of Pitkin County Open Spac parcel No. 2461213908
said partei be a portion of 4ParcellY1 as defined an the tat of Lazy Glen Subdivision
according the Subdivision plat thereof asfiled for record Marth 1.5-r 2002 in Plat Book GO at
Pages 25 to 29 under Reception No. 466140 and being situated in Section 21, Township
South, Range 86 'West of the Oth P.M, County of Pitkin, Stat of Co!oracloy saki easement
encumbering the following described tract of land as follows:
faearings :reoited in.. thi$ 4escripton are, based Li, ,oateulated beating of
,$.73°';397157E. for the 1166 between the Northwest corner o Lot 94 and the Southwest
corner of Lot 22 ,:of said Lazy Glen Subdivision. Mornimentatth being food at each end, of
this tine is a calor with Mastic 'dal), ?LS No. 13166... Alt itnoor climeneion4 recited in: this
(10.s.ttiption are in US Survey feet)
Begun:41g .at..the.Soutterly .4rtgle :Pfroni whence the NorthWest, corner or
said Lot 94 beam ,$:p°'.161.3575E. 516.06: feet and the locaiiiorl .-of" .AP 2 Tract 65, in :said
Section 2:1. bars .1%.$063.2/001Ab 11616 feet as .shown or Said Oat: .of :Lazy Glen
subdivision,r.: thenoe. along:the .Southony. tine' .of that trect o JAN. .asdescribed: in .Pitkin
C4)tutly Ro$01000. No..,•98.4613 N..75.'705544.E 41.30 feet. to the, 7;r.frue...poir-it of ,Beginning of
the easement detwibod beroirt; theme .ormtitiuing along said rie N.75.9 05154'1.E. 38.4e toot
tent* departing. said. line Nv.50 3.87.$9"W. 71.49 feet; thence .:6935 feet
:thence .S,77-406!5.7"E. 28.414.1ecet; Mont* N.,53'52.9.142.7E„ 33.11 feet; thent.e.S351:23.t16:7E..
41..62featO tho True Point of i3e.ginning„
Said eaSOliriont enOteetbefing.On. area .of Z$.03..,sq.: ft. or 0.0.54 ecreS sdetort
Preparat.by:
$arnmel0 PhOPs
Ccitorado Limosed..Profossional.:
Land Surveyor No, 27/0.13
For and Botialf
A.Q.01o.rotic.Corpqrati-on
tcP Ci4 :2021
827112 ue Suite :Mi.. "86,'
P-ostOffio:Box:21$2
Glenwood Springs) CO 81 602-2713Z
Ph? (970) $45.,:5945: 1-01:Fre 1-866-945-
tr1411; *21(S Lora
545
RECEPTION#: 678433, 07109120 1 at 01:23:40 PM, Pgs 24 of 35, Janice K. Vos Caudill, Pitkin County, CO
Exhibit F to Easement Agreement
(BOCC Resolution No. 0 3- 0 1
RECEPTION#: 678433, 07/09/2021 at 01:23:40 PM, Pgs 25 of 35, Janice K. Vos Caudill, Pitkin County, CO kin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, GRANTING SPECIAL REVIEW USE APROVAL FOR THE
LAZY GLEN HOMEOWNERS ASSOCIATION WASTEWATER TER TREATMENT
PLANT, ACTIVITY ENVELOPE AND SITE PLAN REVIEW, GMQS EXEMPTION
FOR CIVIC AND INSTITUTIONAL USES, A MINOR AMENDMENT TO A
DEVELOPMENT PERMIT, A PUD VARIATION, AND AN EXEMPTION FROM AN
ACTIVITY OF STATE INTEREST
RESOLUTION NO. 04 - 021
1. Pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter "HR "), all
matters not required to be acted upon by ordinance or formal resolution may be acted upon b
informal resolution.
2. The Lazy Glen Homeowners Association (Applicant) proposes to develop a new wastewater
treatment plant (WWTP) and decommission the treatment lagoon for the Lazy Glen Mobile Hone Park
SubdivisionIPUD. The Applicant is requesting Special Review Use approval to construct the
WWTP, an Activity Envelope and Site Plan review for the construction of the plant, a GM S
Exemption for the building that will house the plant, a Minor Amendment to a Development
Permit for grading and earthmoving within the stream setback, a PUD Variation for the side
yard and highway setback, and an Exemption for an Activity of State Interest for the
replacement.
3. The proposed project site is located at the Lazy GlenSubdivision/PUD. PID 2467-213-90-
801, 2467-213-90-802, 2467-213-90-805.
4. The project will occur on Parcels C and D of the subdivision/PUD and use a small portion of
the Pitkin County open space located on the northwest side of the property. The County has
granted permission to utilize the open space.
5. The property is zoned Mobile Home Park MHP and is approximately 30.9 acres which
includes Parcel C and D, approximately 5.8 acres. The Pitkin County property is 2.42 acres.
The property is bounded by Highway 82 on the south and the Roaring Fork River on the north
and west.
6. There are 103 residences in the Lazy Glen Mobile Home Park Subdivision/PUD. The
Subdivision/PUD was approved by the BOCC in 1996. The BOCC approved Resolution No.
96-153 granting conceptual subdivision approval and Detailed Submission approval in 1998,
pursuant to Resolution No. 98-168. The property was rezoned to Mobile Home Park (MHP).
7. Pitkin County was deeded a parcel of land, 2.422 acres to the northwest of the Lazy Glen
property, as part of the park dedication at the time of subdivision. The subdivision is
located within the 100 year floodplain of the Roaring Fork River.
8. In the 1998 review, Pitkin County determined that the wastewater treatment system needed to
be upgraded. Since that time four options were studied culminating in a 2018 Preliminary
Engineering Report for wastewater Treatment Improvements and a 2019 Supplemental report.
9. The Colorado Department of Public Health and Environment (CDPHE) requires that the
RECEPTION#: 678433, 07/09/2021 at 01:23:40 PM, Pgs 26 of 35, Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 043-2021
2 I Pa ge
Applicant replace the current system with a mechanical treatment plant. The HOA received a
United States Department of Agriculture (USDA) grant to develop the new WWTP. As a
condition ofthe grant, the WWTP must be working by the end of 2021.
10. The HOA proposes to decommission the existing wastewater treatment facility and construct
a new WWTP to replace the lagoon type system. A new building will be constructed on the
west end of the lagoon and the lagoon will be dried up, revegetated, and repurposed as a
common open space for the HOA.
11. The applicable master plan for this area is the Down Valley Comprehensive Plan (DVCP).
12. The Applicant seeks a Special Review Use for a major public utility in the MHP zone district
pursuant to Section 2-30-30(h)(1) & (2).
13. The Applicant seeks GMQS Exemption for Civic and Institutional Uses for the 1,400 square
foot building that will house the plant pursuant to Sections - 0-1 0 of the Land Use Code.
14. The Applicant seeks Activity Envelope and Site Plan Review pursuant to Section 2-30-20(G),
7-10-50, & 7-20 of the Land Use code.
15. The Applicant seeks a Minor Amendment to a Development Permit and a PUD Variation to
the side yard setback pursuant to Section 2-20-150 & 3-70-30 of the Land Use code.
16. The Applicant seeks an Exemption for an Activity of State Interest pursuant to Section
12.20.40 3 (b) of the Land Use code.
17. The application was referred to the Town of Basalt, Roaring Fork Fire and Rescue, Pitkin
County Public works Engineer, Environmental Health, County Attorney, Colorado
Department of Public Health & Environment — Water Quality Control Division DPHE,
Planning Engineer, and Zoning.
18. BOCC considered the application at a duly noticed public hearing on June 9, 2021 at which
time evidence and testimony was presented to the BO.
19. The B CC finds that the application is consistent with the applicable provisions of the Special
Review Use, Land Use Code Section 2-30-30(h)(2) as follows:
A. The use is consistent with the DVCP in particular because the new WWTP does not
expand the capacity of the service.
B. The use will comply with Pitkin County Environmental Health Department standards
and CDPHE standards.
C. The use is consistent with the Land Use Policies in Chapter 1 of the Land Use Code.
D. The WWTP will replace a failing system and will enhance and protect public health
and the water quality ofthe Roaring Fork River.
E. The WWTP building will be compatible with the surrounding neighborhood.
F. The WWTP will be served by existing utilities.
20. The BOCC finds that the construction of an approximately 1,400 square foot building to house
RECEPTION#: 678433, 07/09/2021 at 01:23:40 PM, Pgs 27 of 35, Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 043-2021
3 I Pa ge
the plant is consistent with applicable provisions of GMQS Exemption for Civic and
Institutional Uses Land Use Code Section 6-30-120:
A. The WWTP meets the definition of civic or institutional use.
B. The replacement of the existing facility is consistent with the goals of the DV P; the
WWTP does not expand the service capacity of the system.
C. The existing staff will maintain the new plant.
D. Parking will be provided at the new building.
E. The WWTP will enhance the surrounding natural resources with an improved and
functioning treatment plan.
21. The BCC finds that the application is consistent with the applicable provisions of the Activity
Envelope and Site Plan Land Use Code Sections 2-30-20(g), 7-10-50 & 7-20 as follows:
A. The Activity Envelope encompasses all development proposed for the site. Grubbing
and filling will take place only within the Activity Envelope.
B. The wildfire hazard is mapped as low and medium, and can be mitigated.
C. No development encompasses slopes greater than 1 % except for a small area of man-
made anomaly that was created when the lagoon was constructed.
D. The WWTP will comply with the 20 foot setback specified in the Land Use Code for
Lazy Glen.
E. The current facility is within the 100 year floodplain. The finish floor for the WWTP
will be 2 feet above the 100 year Base Flood Plain Elevation which exceeds the CDPHE
and Pitkin County requirements of 1 foot above Base Flood Plain Elevation.
F. The WWTP is a Critical Facility required to serve the Lazy Glen community. It will
replace the failing system and remove that system out of the 100 year floodplain.
G. The building will be screened the greatest degree possible from Highway 82 and
additional trees will be installed to increase the screening.
H. All disturbed areas will be revegetated.
1. The building does not silhouette against the sky or break a ridge -line.
The building will be constructed with earth tone, non -reflective materials. Forest green
roof panels will be used.
I. The lagoon will be revegetated and dust control and weed control will be implemented.
L. The property is within 14 mile of mapped deer and elk winter range, severe winter range
and winter concentration areas on the hillsides on the north and south sides of the valley.
However, the WWTP is located in an existing developed area and will not create
additional adverse impacts on the winter range and winter concentration areas.
Construction may occur from December 1— March 31 ifnecessary.
M. Only security lighting, if required, will be illuminated at night.
22. The BOCC finds that the application is consistent with the applicable provisions for a Minor
Amendment to a Development Permit and PUD Variation to the side yard setback and the
highway setback Land Use Code Sections 2-20-150 and 3-70-30(h) as follows:
A. The WWTP location is 20 feet from the high water mark of the side channel that flows
into the river. This is consistent with Plat Note # 1 of the Lazy Glen Final Plat that
prohibits new development within the 20 foot stream setback.
RECEPTION#: 678433, 07/09/2021 at 01:23:40 PM, Pgs 28 of 35, Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 043-2021
4 I Page
B. Minor grading and temporary construction impacts will occur within the 20 foot
setback of the side channel and the impacts to the side channel are expected to be
insignificant and are necessary to improve the water quality ofthe Roaring Fork River.
C. There will be no off -site impacts on the surrounding neighborhood. The WWTP will
improve the negative impacts to the water quality of the river from the existing system.
D. The side yard and highway setback variance is necessary to locate the WWTP at the
west end ofthe lagoon. The building will not be located in the side yard.
E. Added fill within the side yard setback is within an area that was previously disturbed
to construct the current facility.
23. The BOCC finds that the application is consistent with the applicable provisions for an
Exemption for an Activity of State Interest Land Use Code Section 1 - 0-40 finding the
WWTP replaces a failing system and will not cause negative impacts or otherwise exacerbate
existing impacts.
24. The BOCC finds that the project is exempt from payment of the road and employee housing
impact fees, pursuant to Sec. 8-10-20(c), since there is no net increase in any road impacts due
to the replacement of the wastewater system, and Sec. 8-30-80(a)(3), as the structure contains
less than 5,750 square feet of heated space.
25. The BOCC further finds that it is in the best interests ofthe citizens of Pitkin County to approve
this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it does
hereby approve the Lazy Glen Homeowners Association Special Review Use for the Wastewater
Treatment Plant, Activity Envelope and Site Plan Review, GMQS Exemption for Civic and
Institutional Uses for the construction of the \V'WTP, a Minor Amendment to a. Development
Permit to vary the stream setback, a PUD Variation for a Side Yard and Highway Setback, and an
Exemption for an Activity of State Interest for the replacement of an existing component of a
Water and Sewer Project, subject to the following conditions, which shall run with the land and be
binding on all successors in interest. The BOCC further authorizes the Chair or the Chair's
designee to sign the Resolution and upon the satisfaction of the County Attorney as to form,
execute any other associated documents necessary to complete this matter:
1. The Applicant shall adhere to all material representations made during the application
process or in the public hearings and shall consider those representations to be conditions of
approval.
2. 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 ofbuilding
permit. Any structures represented in the application may not be permitted under building and
zoning regulations.
3. Prior to submission of any future building permit applications and/or within 60 days of
recordation of this Administrative Decision, the Applicant shall be required to submit for
approval by the County Attorney and Community Development a Site Plan with an
Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application
Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to
RECEPTION#: 678433, 07/09/2021 at 01:23:40 PM, Pgs 29 of 35, Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 043-2021
5 I Pa ge
finalization and recordation. The Site Plan shall include the side yard and highway
setback variance required for the fill to stabilize the platform for the WWTP building. The
Site Plan shall also include the PUD variation for minor grading and temporary
construction within the 20 foot setback of the high water mark in the side channel.
4. The Landscape Plan shall be revised to be include the additional trees that will be installed
adjacent to the building, identify the limit of disturbance, proposed seed mix, and erosion and
weed control measure.
5. Prior to the building permit issuance, the Applicant shall provide all necessary permits required
for the development in the floodplain, an easement for use of the Pitkin County open space,
and permits required by CDPHE.
6. Prior to the building permit issuance the Applicant shall provide a Floodplain Permit
application:
• The application shall provide an elevation certificate (prepared by a licensed PE or PLS)
for the proposed structure to be built in the floodplain.
• An elevation certificate with as -built elevation information will be required to be
submitted prior to final engineering inspection.
7. The Applicant shall comply with all standards for development within Scenic View Protection
Areas as represented in the application and approved in this Determination:
A. The exterior of the buildings shall utilize indigenous earth tone materials or colors and the
roof panels shall be forest green and non -reflective at installation.
B. No interior lights will be on during the night except for maintenance or emergency
purposes.
C. Driveway lighting and up lighting of landscaping is prohibited. Lighting that is necessary
for safety and building code standards shall be the minimum permitted by the building
code. The lumens shall be as low as possible.
D. Samples of exterior materials and colors for the buildings shall be submitted for review to
ensure that the colors are indigenous to the areaduring permit review.
E. Exterior lighting shall be shown on submitted plans or elevations and lighting cut sheets
shall be provided for all exterior fixtures.
8. Prior to the issuance of any building permits:
A. The Applicant shall supply a drainage and erosion control plan and accompanying
drainage report demonstrating that historical flow patterns and runoff amounts will be
maintained, and identify specific measures designed to reduce erosion and stream
sedimentation. If the development disturbs one acre or more, a Colorado Department of
Public Health and Environment permit for stormwater discharges associated with
RECEPTION#: 678433, 07/09/2021 at 01:23:40 PM, Pgs 30 of 35, Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 043-2021
6 I Pa ge
construction activities shall be applied for and obtained prior to issuance of a permit.
B. The Applicant shall submit a. fugitive dust and weed control plan for the required three
year interim period before final grading and revegetation can occur.
C. The Applicant shall provide an Earthmoving Permit application for grading around the
structure and for reclamation of the lagoon. As part of the application the Applicant shall
provide:
• Engineered drainage and erosion control plan stamped by a P.E. showing nearby
waterways and county roads,
• Revegetation plan with seed mix, rate of application, and method of cover.
• Fugitive dust and weed control plan for the required three-year interim period
before final grading and revegetation can occur.
D. The Applicant shall supply adequate drainage for all love points. If the proposed work
disturbs more than 1,500 square feet, the applicant shall submit engineering documents for
stormwater detention facilities designed by a professional engineer licensed in the State of
Colorado, demonstrating that historical flow patterns and runoff amounts will be
maintained. If the development disturbs one acre or more, a Colorado Department of Public
Health and Environment permit for stormwater discharges associated with construction
activities shall be applied for and obtained prior to issuance of a permit.
E. The Applicant shall provide adequate engineering of any retaining walls over four (4) feet
in height and/or any improvements to walls over four (4) feed in height. All retaining walls
shall be a maximum of seven (7) feet tall.
F. The applicant shall comply with all conditions of the current Pitkin County Construction
Management Plan Requirements Manual. A construction management inspection will be
required prior to the first building inspection.
G. Submit a tree removal and mitigation plan for trees that meet the standards of LUC section
7-20-130(e) and shall obtain tree removal permits.
H. Submit a detailed exterior lighting plan with the corresponding fixture cut sheets. Exterior
lighting shall comply with the lighting code.
I. Submit an access permit application for the proposed new and/or improved access The
application shall include:
• Reclamation plan for the temporary driveways, parking areas, and the Pitkin
County open space that is used.
• Compliance with the current Road Maintenance and Management Plan,
• Engineering of all bridge and/or culvert crossings,
• Compliance with all requirements of the Roaring Fork Rescue Fire District, and
• Details on all turn arounds and parking locations.
9. The Applicant shall adhere to the following wildfire mitigation standards and any
RECEPTION#: 678433, 07/09/2021 at 01:23:40 PM, Pgs 31 of 35, Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 043-2021
7 I Pa ge
recommendations from the Roaring Fork Fire Rescue District:
A. The area around all buildings/structures, limited by property boundaries that may limit
a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows. Actual vegetation
manipulation to meet these conditions may not be necessary where the natural
vegetation patterns have already fulfilled these conditions:
i) Brush, debris and non -ornamental vegetation shall be removed within a.
minimum ten -foot (10') perimeter around all structures.
ii) Vegetation shall be reduced to break up the vertical and horizontal continuity ofthe
fuels at a minimum of a. thirty (30) foot perimeter around a structure built on flat
ground.
iii) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter
shall be a minimum of two (2) times the height of the fuel. Maximum diameter of
the clumps shall be equal to the height ofthe fuel. All measurements shall be from
the edges of the crowns of the fuel.
iv) All branches from trees and brush within the thirty (30) foot perimeter shall be
pruned to a height of ten (10) feet above the ground with removal of ladder fuels
from around trees and brush.
v) Tree crown separation within the thirty (30) foot perimeters shall have a minimum
often (10) feet between the edges of the crowns, except for mature stands of aspen
trees where ladder fuels have been removed. In areas of aspen regeneration,
understory shrubs and down and dead materials shall be removed.
vi) All branches that extend over the roof eaves shall be trimmed and all branches
within fifteen (15) feet of chimneys shall be removed.
vii) The density of fuels up to a one hundred (100) foot perimeter ofthe structures shall
be reduced where natural reduction has not already occurred.
viii)All deadfall up to a one hundred (100) foot perimeter shall be removed.
ix) No new conifer trees shall be planted within ten (10) feet of a residence.
x) No flammable mulches shall be placed within two (2) feet of a residence.
xi) The property owner shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
xii) All structures greater than five thousand (5,000) square feet in size shall be required
to install in-house sprinkler systems that meet the standards of the local fire
protection district and the adopted Building Code. At building permit submittal, the
local fire protection district may require smaller structures to be sprinkled due to
hazard considerations, emergency access difficulties and lack of proximity to fire
protection services.
10. The Applicant shall also comply with the following standards for Development in a Low
Wildfire Hazard Area:
A. Roofing Materials: Roofs shall be constructed with a Class A roof covering or a Class
A assembly as defined in the building code. Wood shake/shingle roof coverings are
RECEPTION#: 678433, 07/09/2021 at 01:23:40 PM, Pgs 32 of 35, Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 043-2021
8 I Pa ge
prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with
the following:
i) Alt roof coverings shall be constructed of non-combustible materials and installed
on a Class A roof assembly.
ii) All roof coverings shall have a surface that shall facilitate the natural process of
clearing roof debris.
iii) Protrusions above the roofline, such as parapets, shall be prohibited.
iv) Roofs shall be installed as required by the adopted Building Code and shall have a
minimum pitch of 1:48.
v) All roof designs, coverings, or equivalent assemblies shall be specifically approved
by the Fire Marshal prior to submittal of a building permit application.
B. Maintenance and Miscellaneous Requirement standards for wildfire hazard areas:
is Roofs and gutters shall be kept clear of debris.
ii) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-
fourth (1/4) inch maximum.
iii) Any outbuilding shall adhere to the same wildfire requirements.
iv) Yards shall be kept clear of all litter, slash and flammable debris.
v) All flammable materials shall be stored on a. parallel contour a. minimum of
fifteen (15)feet away from any structure.
vi) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height
not more than six (6) inches.
vii) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen
(15) feet away from the structure.
viii on -saltwater swimming pools and ponds shall be accessible by the local fire
district.
ix) Fences shall be kept clear of brush and debris.
Wood fences shall not connect to other structures.
xi) Fuel tanks shall be installed underground with an approved container.
xii) Propane tanks shall be buried, if possible, or installed according to NFPA 58
standards and on a contour away from the structure with standard defensible
space vegetation mitigation around any aboveground tank. Any wood enclosure
around the tank shall be constructed with materials approved for two (2) hour
fire -resistive construction on the exterior side of the walls.
xiii)Each structure shall have a minimum of one ten (10) pound ABC fire
extinguisher.
iv Addre sse s shall be clearly marked with two (2) inch non-combustible letters
and shall be visible at the primary point of access from the public or common
access road and installed on a non- combustible post.
xv)Utilities shall be extended underground.
xvi)Additional recommendations from the Colorado State Forest Service, the Pitkin
County Sheriff's Department, the local fire protection district andior a person
certified by the Community Development Department as an expert in designation
of wildfire areas and wildfire mitigation may be incorporated into any conditions
of approval as necessary to mitigate wildfire hazards.
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Resolution No. 043-2021
9 I Pa ge
11. The Applicant shall comply with the following general conditions regarding wildlife:
A. Manipulation of vegetation outside of the Activity Envelope is prohibited.
B. Mesh or woven wire fences are prohibited outside the Activity Envelope.
C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type,
shall not exceed fifty-four (54) inches in height above ground level, and twelve
(12) inches in width (top view), and shall have at least eighteen (18) inches between
the lower two (2) rails.
D. Landscaping shall not include nut, berry or fruit producing trees or shrubs palatable
to bears. This does not include pre-existing native trees and shrubs.
E. Access shall be provided to the Colorado Parks and wildlife for trapping, tagging,
studying, or otherwise managing wildlife.
F. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
These containers shall be accessible to and used at all times by contractors on site.
G. Bird feeders, including hummingbird feeders, shall be hung away from any deck
or window, and be at least ten (10) feet from the ground suspended between two
(2) trees or posts. All seed feeders shall include a seed catchment pan to catch
discarded seed.
H. Pet food shall not be left outside.
I. All outside doors shall utilize only solid round handled door knobs unless another
type is required by the applicable Building Code for disabled accessibility
purposes.
J. Contractors shall be prohibited from bringing their dogs on -site.
12. The Applicant shall comply with the applicable codes and requirements of the Roaring
Fork Fire Rescue District, including but not limited to access, adequate area for turning
around of fire equipment, installation of an approved fire sprinkler system and provision
of an adequate water supply for firefighting.
13. Prior to commencement of any earthmoving or other construction activity, the Applicant
shall stake the corners of the activity envelope and install construction fencing around the
construction site. The fencing shall remain in place until issuance of a Certificate of
Occupancy.
14. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within
one growing season of the prof ect's completion.
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Resolution No. 043-2021
10IPage
15. Financial security in the form of a Letter of Credit (LAC), acceptable to the Community
Development Director, shall be provided to ensure that the vegetation proposed and required
to be installed thrives.
16. Security fencing shall be installed around the lagoon to remain in place until grading and
landscaping is complete.
17. The future use of the common area, the old lagoon, may require amendments to this approval
or the Lazy Glen SubdivisionIPUD. An earthmoving permit may be required after the lagoon
dries out and portions are filled in for a future use.
18. Failure to comply with the conditions of this approval may result in revocation of this approval,
or any subsequent permits) or approval(s) related to this property, or vested rights associated
with this property.
19. Statutory vested rights for the Activity Envelope and Site Plan Review 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 June 9th, 2024.
RECEPTION#: 678433, 07/09/2021 at 01:23:40 PM, Pgs 35 of 35, Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 043-2021
11IPage
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE
6th DAY OF MAY, 2021
APPROVED AND ADOPTED ON THE 9th DAY OF JUNE 2021.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times
Weekly on the 17th day of June, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
juum,l+t, 9otA.c s
Jeanette Jones,
Deputy Clerk
Kelly McNicholas Fury, Chair
Date: Jun-23-2021
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely,
County Attorney
Case#PLAN .0479.2021
Cindy Houben,
Community Development Director
PID# 2467-213-90-801, 2467-213-90-802, and 2467-213-90-805
RECEPTION#: 678436, R: $0.00, D: $0.00, 07/0 12021 at 01: 0: 5 PM, Pgs 1 of 33, Janice K. Vos Caudill, Pitkin County, Co
Approved by Ordinance No 028-2021
Contract No. 136.2021
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (the "Agreement"), dated June 23, 2021 is between
the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, a body corporate and politic whose address is 530 E. Main St., Suite 302, Aspen,
Colorado 81611 ("Grantor" or "Pitkin County") and LAZY GLEN HOMEOWNERS'
ASSOCIATION, INC., a Colorado nonprofit corporation whose address is 101 Lazy Glen,
Snowmass, Colorado 81654 ("Grantee" or "Lazy Glen" (collectively, the "Parties").
RECITALS
A. Pitkin County is the owner of the real property referred to as Pitkin County Assessor
No. R02227and depicted on page five of the Subdivision Plat for the Lazy Glen Subdivision
as the "2.898 Acres Dedicated to Pitkin County per County Resolution No. 98-168" the "Pitkin
County Property"). The Subdivision Plat for the Lazy Glen Subdivision is recorded in the real
property records of the Pitkin County Clerk and Recorder's Office at Reception No. 465140 and
is appended to this Agreement as Exhibit A and incorporated by this reference.
B. Lazy Glen is the owner of the real property referred to as Pitkin County Assessor
No. R018806, which is also depicted on page five 5 of Exhibit A as "Common Area Parcel
C" (the "Lazy Glen Property").
C. Lazy Glen desires to upgrade and modify its existing wastewater treatment system,
currently located entirely on the Lazy Glen Property.
D. The upgraded wastewater treatment system ("Upgraded WWTP") requires
construction of a new building located on both the Lazy Glen Property and Pitkin County Property.
E. Access roads exist on the north and south sides of the lagoon as depicted on Exhibit
B. The main access for the Upgraded WWTP will be on the south side of the lagoon across Lazy
Glen Property; however, Lazy Glen will use the northern road, traversing both the Pitkin County
Property and a second Lazy Glen parcel (Assessor No. R 1880 7) ("Northern Access Road"),
during the Upgraded WWTP construction.
F. Pitkin County grants an easement to Lazy Glen under the terms of this agreement
across, under, and upon the Pitkin County Property, which will allow Lazy Glen to construct and
operate the Upgraded WWTP, and will also provide for the right to access, maintain, use, operate,
repair, and replace the Upgraded WWTP.
G. Pitkin County also grants an access and construction easement to Lazy Glen under
the terms of this agreement across and upon the Pitkin County Property in favor of the Lazy Glen
Property, which will allow Lazy Glen to access the Lazy Glen Property for the duration of
construction of the Upgraded WWTP.
AGREEMENT
RECEPTION#: 678436, 07109120 1 at 01: 0: 5 PM, Pgs 2 of 33, Janice K. Vos Caudill, Pitkin County, Co
In consideration of the covenants, conditions and terms of this Agreement, and other
valuable consideration, the parties agree as follows:
1. Pitkin County's Grant of Easement in Favor of Lazy Glen. Pitkin County, as the
owner of the Pitkin County Property, grants, bargains, sells, and coveys to Lazy Glen, as the owner
of the Lazy Glen Property, a perpetual, non-exclusive easement and right-of-way over, under, and
across 0.0577 acre on the Pitkin County Property depicted on Exhibit B and legally described on
Exhibit C attached for purposes of access, installation, operation, maintenance, repair, and
replacement of the Upgraded WWTP ("WWTP Easement"). The WWTP Easement will, for all
purposes, be an easement appurtenant to the Lazy Glen Property and for the benefit of the Lazy
Glen Property, and will bind and be a burden upon the Pitkin County Property, which
appurtenance, benefit, and burden will run with the land.
2. Pitkin County's Grant of Construction Easement in Favor of Lazy Glen. Pitkin
County, as the owner of the Pitkin County Property, grants, bargains, sells, and conveys to Lazy
Glen, as the owner of the Lazy Glen Property, a temporary, non-exclusive easement and right-of-
way over, under, and across 0.0542 acre on the Pitkin County Property depicted on Exhibit B and
legally described on Exhibit D for purposes of access, construction, and installation of the
Upgraded WWTP ("Construction Easement"). The Construction Easement will exist only until the
completion of the construction and installation of the Upgraded WWTP. Upon completion of
construction, Lazy Glen will restore and revegetate the Construction Easement area to the
condition that it existed in prior to its use to facilitate construction of the Upgraded WWTP.
Thereafter, Lazy Glen will provide notice to Pitkin County confirming completion of the
construction and restoration, and Pitkin County will have an opportunity to inspect restoration of
the Construction Easement to confirm it has been restored to Pitkin County's satisfaction.
3. Contingency Regarding Land Use Application Approval. Lazy Glen expressly
acknowledges and agrees that this Agreement is contingent on Pitkin County approving the Lazy
Glen's land use application submitted for construction of the Upgraded WWTP. This Agreement
shall only remain in effect if Lazy Glen remains in compliance with the various conditions of
approval and other requirement set forth in BOCC Resolution No. 043-2021, BOCC Resolution No.
043-2021 is by this reference made a part of this Agreement and is attached hereto as Exhibit E.
4. Pitkin County's Reserved Rights. Pitkin County reserves all rights of ownership in
and to the Pitkin County Property, which are not inconsistent with this Agreement and the
easement granted in it, including, without limitation, the right to grant further easements on, over
or across the Pitkin County Property. Pitkin County further reserves the right to use the Pitkin
County Property for all uses not materially and adversely interfering with the WWTP Easement or
Construction Easements granted to Lazy Glen. Nothing will create or be construed to have created
any other right, interest, privilege, or license in or to any portion of the Pitkin County Property,
other than as expressly stated in this Agreement.
5. Maintenance. Lazy Glen will, at its sole cost and expense, perform any and all work
(including maintenance and repair work) that may be required to make the WWTP Easement and
Construction Easement reasonably available for the uses set forth in Sections 1-2, above.
RECEPTION#: 678436, 07109120 1 at 01: 0: 5 PM, Pgs 3 of 33, Janice K. Vos Caudill, Pitkin County, CO
6. Notices. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of
the following methods 1 hand -delivery or 2 registered or certified mail, postage pre -paid to the
mailing addresses set forth below. Each party by notice sent under this paragraph may change the
address to which future notices should be sent. Electronic delivery of notices shall be considered
delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained
herein shall be construed to preclude personal service of any notice in the manner prescribed for
personal service of a summons or other legal process.
To Pitkin County:
County Manager
123 Emma Rd., Suite 106
Basalt, Colorado 81621
Email: j n.peacock@a pitkincounty.com
To Lazy Glen:
Lazy Glen Homeowners' Association, Inc.
c/o Chris Trautner
101 Lazy Glen
Snowmass, Colorado 81654
lazyglen@sopris.net
trautnerlong@gmail.com
With copies to:
Pitkin County Attorney's Office
123 Emma Rd., Suite 204
Basalt, Colorado 81621
Email: attorney@pitkincounty.com
With copies to:
Patrick, Miller & Noto, P.C.
c/o Paul Noto and John Sittler
229 Midland Ave
Basalt, CO1621
noto@waterlaw.com
sittler@waterlaw.com
7. Indemnification and Release. Lazy Glen assumes any risk involved in the use of
the WNITTP and Construction Easements, and releases and discharges Pitkin County and its
successors and assigns from any liability for loss, damage or injury incurred by Lazy Glen or third
parties as a result of or in connection with Lazy Glen's and its guests' and invitees' use, entry or
presence upon the WWTP and Construction Easements, or Lazy Glen's and its guests' and
invitees' activities thereon pursuant to the WWTP and Construction Easements. To the extent
permitted by law, Lazy Glen must indemnify, defend and hold harmless Pitkin County, and its
successors and assigns from and against any and all claims, actions, causes of action, liability,
losses, damages, costs or expenses, including reasonable attorney fees, and including, without
limitation, any and all mechanics' and materialmen's liens and claims, which may be imposed
upon or incurred by Pitkin County, and which arise from or are related to Lazy Glen's use of the
WWTP and Construction Easements, or the operation, construction, maintenance, repair,
modification, or any part of them.
8. Notice of Default, Right to Cure. In the event of a party's default under the
provisions of this Agreement, the non -defaulting party must, prior to the exercise of any right or
remedy, give the defaulting party written notice of the default together with the right for a period
of ten (10) days after receipt of notice to cure the default. If an alleged default by its nature is not
capable of being cured within the time provided, the defaulting party will, provided that such
defaulting party is proceeding with all due diligence, have up to an additional twenty 2 days to
RECEPTION#: 678436, 07109120 1 at 01: 0: 5 PM, Pgs 4 of 33, Janice K. Vos Caudill, Pitkin County, Co
cure the default. If a default is not cured within the time provided or any extension granted (which
right to cure period must not under any circumstances exceed in the aggregate thirty 0 days),
the non -defaulting party must then and thereafter be free to pursue any right or remedy allowed by
this Agreement or otherwise by law.
9. Binding Effect; Covenants Running with the Land. This Agreement is binding
upon and inures to the benefit of the parties and their respective successors and assigns forever
and the benefits and burdens constitute covenants running with the title to the Pitkin County
Property and the Lazy Glen Property, respectively. Notwithstanding anything to the contrary, this
easement may be subject to existing easements of record or accruing under common law.
10. Attorney Fees. In the event legal remedies must be pursued to resolve any dispute
or conflict regarding the terms of this Agreement or the rights and obligations of the parties, the
prevailing party will be entitled to recover costs incurred in pursuing such remedies, including
expert witness fees and reasonable attorney fees.
11. No Waiver of Governmental Immunity. Grantee and Grantor, its directors,
officials, officers, agents, and employees are relying upon and do not waive or abrogate, or intend
to waive or abrogate by any provision of this Agreement the monetary limitations or any other
rights, immunities, or protections afforded by the Colorado Governmental Immunities Act, C.I.S.
§§ 24-10-101, et seq., as it may be amended from time to time.
12. No Assignment Without Written Consent. Grantee will not, without first obtaining
the prior written consent of Grantor, sell, assign, transfer, encumber, hypothecate, or sublease any
or all of the rights, interests, or obligations under this Agreement.
13. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties relating to the subject matter. All preceding representations or
agreements relating to the subject matter, whether written or oral, are merged into this Agreement.
14. Modification. No provision or term of this Agreement may be amended, modified,
revoked, supplemented, waived, or otherwise changed except by a written instrument duly
executed by the parties hereto or the parties' successors and assigns.
15. Severability. If any term or provision of this Agreement is held to be invalid or
unenforceable by a court with competent jurisdiction or by operation of statute, the remaining
terms and provisions of this Agreement will continue to exist and will be valid and enforceable to
the fullest extent permitted by law.
16. Waiver. Any waiver by either party of any breach of any kind or character
whatsoever by the other party, whether direct or implied, will not be construed as a continuing
waiver of or consent to any later breach of this Agreement on the part of the other party.
17. Default. Either party will have the right to enforce the obligations of performance
of the other party through litigation seeking an award of damages or injunctive relief.
RECEPTION#: 678436, 07109120 1 at 01: 0: 5 PM, Pgs 5 of 33, Janice K. Vos Caudill, Pitkin County, Co
18. Counterparts. This Agreement may be executed in counterparts and, as executed,
will constitute one agreement, binding on all of the parties notwithstanding that all said parties are
not signatory to the original or same counterpart.
19. Governing Law and Venue. This Agreement will be governed and construed in
accordance with the laws of the State of Colorado. Venue for all actions arising under this
Agreement will be in the District Court, Pitkin County, Colorado.
20. Recordation. Upon execution by the parties, this Agreement must be recorded in
the real estate records of Pitkin County, Colorado.
21. Correction Documents. In the event any clerical or other errors are found in this
Agreement or any legal descriptions or other exhibits, or in the event any exhibit is missing, the
parties agree to promptly execute, acknowledge, initial and deliver as necessary any
documentation in order to correct the erroneous document, description, exhibit or to provide any
missing exhibit.
22. Authority to Sign. The parties acknowledge and represent to each other that all
procedures necessary to validly contract and execute this Agreement have been performed and that
the persons signing for each party have been duly authorized to do so.
[Signature Page(s) Follow]
RECEPTION#: 678436, 07109120 1 at 01: 0: 5 PM, Pgs 6 of 33, Janice K. Vos Caudill, Pitkin County, Co
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective
as of the date set forth above.
PITI IN COUNTY:
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
.
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Print Name: a
Title:
Date: 042 24 Zo24
APPROVED TO FORM:
By:
STATE OF �G )
ss.
COUNTY OF
Richard Y. Neiley III, Assistant County Attorney
Sub Bribed, sworn to and cknc___, = _ _ ' ,_ - e me this day of--
202 I , by Y— ,► of Pitkin County, Colorado.
Witness my hand and official seal.
My commission expires:
JEANEnE JOKES
NOTARY ����az� �o s��
suy
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RECEPTION#: 678436, 07/09/2021 at 01:30:35 PM, Pgs 7 of 33, Janice K. Vos Caudill, Pitkin County, CO
RECEPTION#: 678436, 07109120 1 at 01: 0: 5 PM, Pgs 8 of 33, Janice K. Vos Caudill, Pitkin County, Co
Exhibit A to Easement Agreement
(Legal Description of the Pitkin County Property)
RECEPTION#: 678436, 07109120 1 at 01: 0: 5 PM, Pgs 9 of 33, Janice K. Vos Caudill, Pitkin County, Co
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RECEPTION#: 678436, 07109120 1 at 01: 0: 5 PM, Pgs 13 of 33, Janice K. Vos Caudill, Pitkin County, CO
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RECEPTION#: 678436, 07109120 1 at 01: 0: 5 PM, Pgs 14 of 33, Janice K. Vos Caudill, Pitkin County, CO
Exhibit B to Easement Agreement
(Legal Description of the Lazy Glen Property)
RECEPTION#: 678436, 07/09/2021 at 01:30:35 PM, Pgs 15 of 33, Janice K. Vos Caudill, Pitkin County, CO
D IIHIHXI
RECEPTION#: 678436, 07109120 1 at 01: 0: 5 PM, Pgs 16 of 33, Janice K. Vos Caudill, Pitkin County, CO
Exhibit C to Easement Agreement
(Depiction o, f Utility and Construction Easements)
RECEPTION#: 678436, 07/09/2021 at 01:30:35 PM, Pgs 17 of 33, Janice K. Vos Caudill, Pitkin County, CO
ofes.io
urveying Services
'Serving Western GolorAdo sinee 101"
,Permanent Easement for VVaste Water Treatmentfiant
An easematt tor: thio oonsliructiort: temost.;...ruotioN operat iftlWatiort realttteatit
replpoe.me.nt arid repair :Of a waste water treatmmtplant facility; :said easement
.erioutriWng .4 .011ton of PithIn County Open ..Spaoo. parcel No 2.4672-1,300$05, said ror.: -
:beirig a .portion ..of. 'Parcel DP as defined on :the plat of Lazy Glen .Subdivisiorfaccording the
sulattiVipforl :Plot thereof as Mott for r000rti Marott 15, 2002 in Plat Book 60 t Pages '20 to
.29 '0)10o Reo�ption No. 46314O oncl. being situated 10.Sootion 21, Ibwrohip 8 South •/ Range
86:West ofthe 101: RNLI county .41 Pitldn/. to of Cedidtadb), said: easerneilt encumbering the
following described traot of land astotto •
(Bearings- as r6eit.:ed in this :,description are based upon a t atatlatd bearing of
for the tine b0Votoon the Nortriwea oorner :of• Wit: 94 and the Southwest
tliar-not of Lot 22 af id Lazy GI.On SubdNisfOn,r. MOTIvrtiOtitatitm :b6lettit:fOund at each end of
this line is a mbar with a.* platip cap, PLS No, 1.81,016! All tInfor citmensior* redted in 011$:
description . are in US Sotvey
Beginning at the: Scotherly apgia ptnt of .Parcoi Dfrom „ben -the. :Nort4w
told Lot .94 boom feet and the I.oeatkA of AP 2 .Ttatt '65 irt said
Section 21. bears N..$8°3270-:(7W.: feet: as; shown on said plot. ..of Lazy .elen.
sukirlivision4 there A:142ng the Southerly line of that 'tract :or la110 as desribed in 1:0010.
.,County ResokLtion No 08403 N.754 05154.4E.: 4i.3o feet; thellee depattIng tat line.:
IV.35A-231I-691W. 41.62 'feet; tfifonge $.53'29.42:"W1 '3341. feet; thence KI7
5020 feet; thence .S....1r53.1031N.4 21..S2 feet to a -pdint on 'the, Southerly lino of said Parcel.
thence LS:17•P'061481'.T„ :66,714.eth.1.6tig said Southerly line to the Point :or iitginning,
Spid. co.sem tortpuntior :art f 'ft or (ILO .5.177 00reS :as 4.eztri1400. 110.roirti
Prepared by;
..Sarnutal :Pftelp$
Colorado .Lrcnsed Professional
Land Surveyor No. '27.613
Far and .150hatt of %NO:4 Inc
k:QpIoraclo :Corporation
March 04, 2021.
.0W1:0 AV.6.N te.. No J .26
Post Office Box.2782
Glenwood Springs, CO 8.16022182
Ph; (97:0).. •94.5-5.94$ ToH Free 1.466.145045:
RECEPTION#: 678436, 07109120 1 at 01: 0: 5 PM, Pgs 18 of 33, Janice K. Vos Caudill, Pitkin County, CO
Exhibit D to Easement Agreement
(Legal Description of Utility Easement)
RECEPTION#: 678436, 07/09/2021 at 01:30:35 PM, Pgs 19 of 33, Janice K. Vos Caudill, Pitkin County, CO
SureCo, Inc.
Professionaj Land Sury Serv'
_rthig Wes LI Cokrado shwe 1991"
Temporaiv ,Constr4ction Easenient for W-4ste Water Treatment Plant
A temporary sement for the OonStruction of a wast-e ter treatment plaPt taGititY* said
easement encumbering a portion of Pitkin County Open Spac parcel No. 2461213908
said partei being a oortion of 4ParcellY1 as defined on the tat Of Lazy Gieri Subdivision
according the Subdivision plat thereof asfiled for record Marth 1.5-r 2002 in Plat Book GO at
Pages 25 to 29 under Reception No. 466140 and being situated in Section 21, Township
South, Range 86 'West of the Oth P.M, County of Pitkin, Stat of Co!oracioy saki easement
encumbering the following described tract of land as follows:
:Bearings aa. :ream -id in.. t.111$ 4escripOn are, based Li, a ,caloulated beating of
,$.73°';397157E. for the line between the Northwest corner o Lot 94 and the Southwest
cornet of Lot 22 ::of said Lazy Won Subdivision. Mornimentatth being found iat each end, of
this tine is a calor with mastic cap, ?LS No. 13166... Alt itnow climeneion4 recited in: this
(10.s.ttiption are in US Survey fett)
Begun:41g aoutterly .441g1:0 'pOint C.1 from whence the NottliWest cornet or
$akt Lot 94 beam ,$:72°'.161.3575E. 516.06: feet and the locaiiiorl 'of" .AP 2 Tract 65, in :said
Section 2:1. bars .1%.$063.2/01Ab 11616 feet as .shown On Said Oat: .of. :Lazy Glen
subdivision,r.: thenoe. along:the .Southerty. tine' of that trect o JAN' .as. described: In .Pitkin
Couty Resolution N04'98468 N..75.'705544.E 41.30 feet. to the True .point of ,Beginning of
the easement tletwibod berairt; theme .ormtitiuing along said line N.75.9 05154'1.E. 38.4e toot
tent* departing. said. line Nv50 3.87.$9"W. 71.49 feet; thence .:6935 feet
:thence .S.77-40615.7"E. 28..14.160t; thence feet; thente.S351:23.t16.7E..
41..82fealtO tho True. Point of i3e.ginning„
Said ea.S.Olirient eriaentefing.On. area :of ft. or 0.0.54 ecreS sdetort
13-reparat.by:
SArnmel0 PhOP's
Ccitorado Lloonsed..Profossionat
Land Surveyor No, 27./.0.13
For :And Botialf
A.Q.01o.rotic.Corpqrati-on
Ntaith. 04, 2021
827112 ue Suite :Mi.. "86,'
P-ostOffio:Box:2'.7.$2
Glenwood Springs, CO 81602-27132
Ph (970) $45,:5945: Toil:Free 1-866-945-
tr1411; Lora
5945
RECEPTION#: 678436, 07109120 1 at 01: 0: 5 PM, Pgs 20 of 33, Janice K. Vos Caudill, Pitkin County, CO
Exhibit E to Easement Agreement
(Legal Description of Construction Easement)
RECEPTION#: 678436, 07/09/2021 at 01:30:35 PM, Pgs 21 of 33, Janice K. Vos Caudill, Pitkin County, CO
EXHIBIT E
SureCo, Inc.
Professionaj Land Sury Serv'
_rthig Wes LI Cokrado hce 1991"
Temporaiv _Constr4ction Easeitent for Waste Water Treatment Plant
A temporary sement for the OonStruction of a wast-e ter treatment plaPt toititY* said
easement encumbering a portion of Pitkin County Open Spac parcel No. 2461213908
said partei be a portion of 4ParcellY1 as defined an the tat of Lazy Glen Subdivision
according the Subdivision plat thereof asfiled for record Marth 1.5-r 2002 in Plat Book GO at
Pages 25 to 29 under Reception No. 466140 and being situated in Section 21, Township
South, Range 86 'West of the Oth P.M, County of Pitkin, Stat of Co!oracloy saki easement
encumbering the following described tract of land as follows:
faearings :reoited in.. thi$ 4escripton are, based Li, ,oateulated beating of
,$.73°';397157E. for the 1166 between the Northwest corner o Lot 94 and the Southwest
corner of Lot 22 ,:of said Lazy Glen Subdivision. Mornimentatth being food at each end, of
this tine is a calor with Mastic 'dal), ?LS No. 13166... Alt itnoor climeneion4 recited in: this
(10.s.ttiption are in US Survey feet)
Begun:41g .at..the.Soutterly .4rtgle :Pfroni whence the NorthWest, corner or
said Lot 94 beam ,$:p°'.161.3575E. 516.06: feet and the locaiiiorl .-of" .AP 2 Tract 65, in :said
Section 2:1. bars .1%.$063.2/001Ab 11616 feet as .shown or Said Oat: .of :Lazy Glen
subdivision,r.: thenoe. along:the .Southony. tine' .of that trect o JAN. .asdescribed: in .Pitkin
C4)tutly Ro$01000. No..,•98.4613 N..75.'705544.E 41.30 feet. to the, 7;r.frue...poir-it of ,Beginning of
the easement detwibod beroirt; theme .ormtitiuing along said rie N.75.9 05154'1.E. 38.4e toot
tent* departing. said. line Nv.50 3.87.$9"W. 71.49 feet; thence .:6935 feet
:thence .S,77-406!5.7"E. 28.414.1ecet; Mont* N.,53'52.9.142.7E„ 33.11 feet; thent.e.S351:23.t16:7E..
41..62featO tho True Point of i3e.ginning„
Said eaSOliriont enOteetbefing.On. area .of Z$.03..,sq.: ft. or 0.0.54 ecreS sdetort
Preparat.by:
$arnmel0 PhOPs
Ccitorado Limosed..Profossional.:
Land Surveyor No, 27/0.13
For and Botialf
A.Q.01o.rotic.Corpqrati-on
tcP Ci4 :2021
827112 ue Suite :Mi.. "86,'
P-ostOffio:Box:21$2
Glenwood Springs) CO 81 602-2713Z
Ph? (970) $45.,:5945: 1-01:Fre 1-866-945-
tr1411; *21(S Lora
545
RECEPTION#: 678436, 07109120 1 at 01: 0: 5 PM, Pgs 22 of 33, Janice K. Vos Caudill, Pitkin County, CO
Exhibit F to Easement Agreement
(BOCC Resolution No. 0 3- 0 1
RECEPTION#: 678436, 07/09/2021 at 01:30:35 PM, Pgs 23 of 33, Janice K. Vos Caudill, Pitkin County, CO kin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, GRANTING SPECIAL REVIEW USE APROVAL FOR THE
LAZY GLEN HOMEOWNERS ASSOCIATION WASTEWATER TER TREATMENT
PLANT, ACTIVITY ENVELOPE AND SITE PLAN REVIEW, GMQS EXEMPTION
FOR CIVIC AND INSTITUTIONAL USES, A MINOR AMENDMENT TO A
DEVELOPMENT PERMIT, A PUD VARIATION, AND AN EXEMPTION FROM AN
ACTIVITY OF STATE INTEREST
RESOLUTION NO. 04 - 021
1. Pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter "HR "), all
matters not required to be acted upon by ordinance or formal resolution may be acted upon b
informal resolution.
2. The Lazy Glen Homeowners Association (Applicant) proposes to develop a new wastewater
treatment plant (WWTP) and decommission the treatment lagoon for the Lazy Glen Mobile Hone Park
SubdivisionIPUD. The Applicant is requesting Special Review Use approval to construct the
WWTP, an Activity Envelope and Site Plan review for the construction of the plant, a GM S
Exemption for the building that will house the plant, a Minor Amendment to a Development
Permit for grading and earthmoving within the stream setback, a PUD Variation for the side
yard and highway setback, and an Exemption for an Activity of State Interest for the
replacement.
3. The proposed project site is located at the Lazy GlenSubdivision/PUD. PID 2467-213-90-
801, 2467-213-90-802, 2467-213-90-805.
4. The project will occur on Parcels C and D of the subdivision/PUD and use a small portion of
the Pitkin County open space located on the northwest side of the property. The County has
granted permission to utilize the open space.
5. The property is zoned Mobile Home Park MHP and is approximately 30.9 acres which
includes Parcel C and D, approximately 5.8 acres. The Pitkin County property is 2.42 acres.
The property is bounded by Highway 82 on the south and the Roaring Fork River on the north
and west.
6. There are 103 residences in the Lazy Glen Mobile Home Park Subdivision/PUD. The
Subdivision/PUD was approved by the BOCC in 1996. The BOCC approved Resolution No.
96-153 granting conceptual subdivision approval and Detailed Submission approval in 1998,
pursuant to Resolution No. 98-168. The property was rezoned to Mobile Home Park (MHP).
7. Pitkin County was deeded a parcel of land, 2.422 acres to the northwest of the Lazy Glen
property, as part of the park dedication at the time of subdivision. The subdivision is
located within the 100 year floodplain of the Roaring Fork River.
8. In the 1998 review, Pitkin County determined that the wastewater treatment system needed to
be upgraded. Since that time four options were studied culminating in a 2018 Preliminary
Engineering Report for wastewater Treatment Improvements and a 2019 Supplemental report.
9. The Colorado Department of Public Health and Environment (CDPHE) requires that the
RECEPTION#: 678436, 07/09/2021 at 01:30:35 PM, Pgs 24 of 33, Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 043-2021
2 I Pa ge
Applicant replace the current system with a mechanical treatment plant. The HOA received a
United States Department of Agriculture (USDA) grant to develop the new WWTP. As a
condition ofthe grant, the WWTP must be working by the end of 2021.
10. The HOA proposes to decommission the existing wastewater treatment facility and construct
a new WWTP to replace the lagoon type system. A new building will be constructed on the
west end of the lagoon and the lagoon will be dried up, revegetated, and repurposed as a
common open space for the HOA.
11. The applicable master plan for this area is the Down Valley Comprehensive Plan (DVCP).
12. The Applicant seeks a Special Review Use for a major public utility in the MHP zone district
pursuant to Section 2-30-30(h)(1) & (2).
13. The Applicant seeks GMQS Exemption for Civic and Institutional Uses for the 1,400 square
foot building that will house the plant pursuant to Sections - 0-1 0 of the Land Use Code.
14. The Applicant seeks Activity Envelope and Site Plan Review pursuant to Section 2-30-20(G),
7-10-50, & 7-20 of the Land Use code.
15. The Applicant seeks a Minor Amendment to a Development Permit and a PUD Variation to
the side yard setback pursuant to Section 2-20-150 & 3-70-30 of the Land Use code.
16. The Applicant seeks an Exemption for an Activity of State Interest pursuant to Section
12.20.40 3 (b) of the Land Use code.
17. The application was referred to the Town of Basalt, Roaring Fork Fire and Rescue, Pitkin
County Public works Engineer, Environmental Health, County Attorney, Colorado
Department of Public Health & Environment — Water Quality Control Division DPHE,
Planning Engineer, and Zoning.
18. BOCC considered the application at a duly noticed public hearing on June 9, 2021 at which
time evidence and testimony was presented to the BO.
19. The B CC finds that the application is consistent with the applicable provisions of the Special
Review Use, Land Use Code Section 2-30-30(h)(2) as follows:
A. The use is consistent with the DVCP in particular because the new WWTP does not
expand the capacity of the service.
B. The use will comply with Pitkin County Environmental Health Department standards
and CDPHE standards.
C. The use is consistent with the Land Use Policies in Chapter 1 of the Land Use Code.
D. The WWTP will replace a failing system and will enhance and protect public health
and the water quality ofthe Roaring Fork River.
E. The WWTP building will be compatible with the surrounding neighborhood.
F. The WWTP will be served by existing utilities.
20. The BOCC finds that the construction of an approximately 1,400 square foot building to house
RECEPTION#: 678436, 07/09/2021 at 01:30:35 PM, Pgs 25 of 33, Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 043-2021
3 I Pa ge
the plant is consistent with applicable provisions of GMQS Exemption for Civic and
Institutional Uses Land Use Code Section 6-30-120:
A. The WWTP meets the definition of civic or institutional use.
B. The replacement of the existing facility is consistent with the goals of the DV P; the
WWTP does not expand the service capacity of the system.
C. The existing staff will maintain the new plant.
D. Parking will be provided at the new building.
E. The WWTP will enhance the surrounding natural resources with an improved and
functioning treatment plan.
21. The BCC finds that the application is consistent with the applicable provisions of the Activity
Envelope and Site Plan Land Use Code Sections 2-30-20(g), 7-10-50 & 7-20 as follows:
A. The Activity Envelope encompasses all development proposed for the site. Grubbing
and filling will take place only within the Activity Envelope.
B. The wildfire hazard is mapped as low and medium, and can be mitigated.
C. No development encompasses slopes greater than 1 % except for a small area of man-
made anomaly that was created when the lagoon was constructed.
D. The WWTP will comply with the 20 foot setback specified in the Land Use Code for
Lazy Glen.
E. The current facility is within the 100 year floodplain. The finish floor for the WWTP
will be 2 feet above the 100 year Base Flood Plain Elevation which exceeds the CDPHE
and Pitkin County requirements of 1 foot above Base Flood Plain Elevation.
F. The WWTP is a Critical Facility required to serve the Lazy Glen community. It will
replace the failing system and remove that system out of the 100 year floodplain.
G. The building will be screened the greatest degree possible from Highway 82 and
additional trees will be installed to increase the screening.
H. All disturbed areas will be revegetated.
1. The building does not silhouette against the sky or break a ridge -line.
The building will be constructed with earth tone, non -reflective materials. Forest green
roof panels will be used.
I. The lagoon will be revegetated and dust control and weed control will be implemented.
L. The property is within 14 mile of mapped deer and elk winter range, severe winter range
and winter concentration areas on the hillsides on the north and south sides of the valley.
However, the WWTP is located in an existing developed area and will not create
additional adverse impacts on the winter range and winter concentration areas.
Construction may occur from December 1— March 31 ifnecessary.
M. Only security lighting, if required, will be illuminated at night.
22. The BOCC finds that the application is consistent with the applicable provisions for a Minor
Amendment to a Development Permit and PUD Variation to the side yard setback and the
highway setback Land Use Code Sections 2-20-150 and 3-70-30(h) as follows:
A. The WWTP location is 20 feet from the high water mark of the side channel that flows
into the river. This is consistent with Plat Note # 1 of the Lazy Glen Final Plat that
prohibits new development within the 20 foot stream setback.
RECEPTION#: 678436, 07/09/2021 at 01:30:35 PM, Pgs 26 of 33, Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 043-2021
4 I Page
B. Minor grading and temporary construction impacts will occur within the 20 foot
setback of the side channel and the impacts to the side channel are expected to be
insignificant and are necessary to improve the water quality ofthe Roaring Fork River.
C. There will be no off -site impacts on the surrounding neighborhood. The WWTP will
improve the negative impacts to the water quality of the river from the existing system.
D. The side yard and highway setback variance is necessary to locate the WWTP at the
west end ofthe lagoon. The building will not be located in the side yard.
E. Added fill within the side yard setback is within an area that was previously disturbed
to construct the current facility.
23. The BOCC finds that the application is consistent with the applicable provisions for an
Exemption for an Activity of State Interest Land Use Code Section 1 - 0-40 finding the
WWTP replaces a failing system and will not cause negative impacts or otherwise exacerbate
existing impacts.
24. The BOCC finds that the project is exempt from payment of the road and employee housing
impact fees, pursuant to Sec. 8-10-20(c), since there is no net increase in any road impacts due
to the replacement of the wastewater system, and Sec. 8-30-80(a)(3), as the structure contains
less than 5,750 square feet of heated space.
25. The BOCC further finds that it is in the best interests ofthe citizens of Pitkin County to approve
this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it does
hereby approve the Lazy Glen Homeowners Association Special Review Use for the Wastewater
Treatment Plant, Activity Envelope and Site Plan Review, GMQS Exemption for Civic and
Institutional Uses for the construction of the \V'WTP, a Minor Amendment to a. Development
Permit to vary the stream setback, a PUD Variation for a Side Yard and Highway Setback, and an
Exemption for an Activity of State Interest for the replacement of an existing component of a
Water and Sewer Project, subject to the following conditions, which shall run with the land and be
binding on all successors in interest. The BOCC further authorizes the Chair or the Chair's
designee to sign the Resolution and upon the satisfaction of the County Attorney as to form,
execute any other associated documents necessary to complete this matter:
1. The Applicant shall adhere to all material representations made during the application
process or in the public hearings and shall consider those representations to be conditions of
approval.
2. 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 ofbuilding
permit. Any structures represented in the application may not be permitted under building and
zoning regulations.
3. Prior to submission of any future building permit applications and/or within 60 days of
recordation of this Administrative Decision, the Applicant shall be required to submit for
approval by the County Attorney and Community Development a Site Plan with an
Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application
Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to
RECEPTION#: 678436, 07/09/2021 at 01:30:35 PM, Pgs 27 of 33, Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 043-2021
5 I Pa ge
finalization and recordation. The Site Plan shall include the side yard and highway
setback variance required for the fill to stabilize the platform for the WWTP building. The
Site Plan shall also include the PUD variation for minor grading and temporary
construction within the 20 foot setback of the high water mark in the side channel.
4. The Landscape Plan shall be revised to be include the additional trees that will be installed
adjacent to the building, identify the limit of disturbance, proposed seed mix, and erosion and
weed control measure.
5. Prior to the building permit issuance, the Applicant shall provide all necessary permits required
for the development in the floodplain, an easement for use of the Pitkin County open space,
and permits required by CDPHE.
6. Prior to the building permit issuance the Applicant shall provide a Floodplain Permit
application:
• The application shall provide an elevation certificate (prepared by a licensed PE or PLS)
for the proposed structure to be built in the floodplain.
• An elevation certificate with as -built elevation information will be required to be
submitted prior to final engineering inspection.
7. The Applicant shall comply with all standards for development within Scenic View Protection
Areas as represented in the application and approved in this Determination:
A. The exterior of the buildings shall utilize indigenous earth tone materials or colors and the
roof panels shall be forest green and non -reflective at installation.
B. No interior lights will be on during the night except for maintenance or emergency
purposes.
C. Driveway lighting and up lighting of landscaping is prohibited. Lighting that is necessary
for safety and building code standards shall be the minimum permitted by the building
code. The lumens shall be as low as possible.
D. Samples of exterior materials and colors for the buildings shall be submitted for review to
ensure that the colors are indigenous to the areaduring permit review.
E. Exterior lighting shall be shown on submitted plans or elevations and lighting cut sheets
shall be provided for all exterior fixtures.
8. Prior to the issuance of any building permits:
A. The Applicant shall supply a drainage and erosion control plan and accompanying
drainage report demonstrating that historical flow patterns and runoff amounts will be
maintained, and identify specific measures designed to reduce erosion and stream
sedimentation. If the development disturbs one acre or more, a Colorado Department of
Public Health and Environment permit for stormwater discharges associated with
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construction activities shall be applied for and obtained prior to issuance of a permit.
B. The Applicant shall submit a. fugitive dust and weed control plan for the required three
year interim period before final grading and revegetation can occur.
C. The Applicant shall provide an Earthmoving Permit application for grading around the
structure and for reclamation of the lagoon. As part of the application the Applicant shall
provide:
• Engineered drainage and erosion control plan stamped by a P.E. showing nearby
waterways and county roads,
• Revegetation plan with seed mix, rate of application, and method of cover.
• Fugitive dust and weed control plan for the required three-year interim period
before final grading and revegetation can occur.
D. The Applicant shall supply adequate drainage for all love points. If the proposed work
disturbs more than 1,500 square feet, the applicant shall submit engineering documents for
stormwater detention facilities designed by a professional engineer licensed in the State of
Colorado, demonstrating that historical flow patterns and runoff amounts will be
maintained. If the development disturbs one acre or more, a Colorado Department of Public
Health and Environment permit for stormwater discharges associated with construction
activities shall be applied for and obtained prior to issuance of a permit.
E. The Applicant shall provide adequate engineering of any retaining walls over four (4) feet
in height and/or any improvements to walls over four (4) feed in height. All retaining walls
shall be a maximum of seven (7) feet tall.
F. The applicant shall comply with all conditions of the current Pitkin County Construction
Management Plan Requirements Manual. A construction management inspection will be
required prior to the first building inspection.
G. Submit a tree removal and mitigation plan for trees that meet the standards of LUC section
7-20-130(e) and shall obtain tree removal permits.
H. Submit a detailed exterior lighting plan with the corresponding fixture cut sheets. Exterior
lighting shall comply with the lighting code.
I. Submit an access permit application for the proposed new and/or improved access The
application shall include:
• Reclamation plan for the temporary driveways, parking areas, and the Pitkin
County open space that is used.
• Compliance with the current Road Maintenance and Management Plan,
• Engineering of all bridge and/or culvert crossings,
• Compliance with all requirements of the Roaring Fork Rescue Fire District, and
• Details on all turn arounds and parking locations.
9. The Applicant shall adhere to the following wildfire mitigation standards and any
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recommendations from the Roaring Fork Fire Rescue District:
A. The area around all buildings/structures, limited by property boundaries that may limit
a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows. Actual vegetation
manipulation to meet these conditions may not be necessary where the natural
vegetation patterns have already fulfilled these conditions:
i) Brush, debris and non -ornamental vegetation shall be removed within a.
minimum ten -foot (10') perimeter around all structures.
ii) Vegetation shall be reduced to break up the vertical and horizontal continuity ofthe
fuels at a minimum of a. thirty (30) foot perimeter around a structure built on flat
ground.
iii) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter
shall be a minimum of two (2) times the height of the fuel. Maximum diameter of
the clumps shall be equal to the height ofthe fuel. All measurements shall be from
the edges of the crowns of the fuel.
iv) All branches from trees and brush within the thirty (30) foot perimeter shall be
pruned to a height of ten (10) feet above the ground with removal of ladder fuels
from around trees and brush.
v) Tree crown separation within the thirty (30) foot perimeters shall have a minimum
often (10) feet between the edges of the crowns, except for mature stands of aspen
trees where ladder fuels have been removed. In areas of aspen regeneration,
understory shrubs and down and dead materials shall be removed.
vi) All branches that extend over the roof eaves shall be trimmed and all branches
within fifteen (15) feet of chimneys shall be removed.
vii) The density of fuels up to a one hundred (100) foot perimeter ofthe structures shall
be reduced where natural reduction has not already occurred.
viii)All deadfall up to a one hundred (100) foot perimeter shall be removed.
ix) No new conifer trees shall be planted within ten (10) feet of a residence.
x) No flammable mulches shall be placed within two (2) feet of a residence.
xi) The property owner shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
xii) All structures greater than five thousand (5,000) square feet in size shall be required
to install in-house sprinkler systems that meet the standards of the local fire
protection district and the adopted Building Code. At building permit submittal, the
local fire protection district may require smaller structures to be sprinkled due to
hazard considerations, emergency access difficulties and lack of proximity to fire
protection services.
10. The Applicant shall also comply with the following standards for Development in a Low
Wildfire Hazard Area:
A. Roofing Materials: Roofs shall be constructed with a Class A roof covering or a Class
A assembly as defined in the building code. Wood shake/shingle roof coverings are
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prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with
the following:
i) Alt roof coverings shall be constructed of non-combustible materials and installed
on a Class A roof assembly.
ii) All roof coverings shall have a surface that shall facilitate the natural process of
clearing roof debris.
iii) Protrusions above the roofline, such as parapets, shall be prohibited.
iv) Roofs shall be installed as required by the adopted Building Code and shall have a
minimum pitch of 1:48.
v) All roof designs, coverings, or equivalent assemblies shall be specifically approved
by the Fire Marshal prior to submittal of a building permit application.
B. Maintenance and Miscellaneous Requirement standards for wildfire hazard areas:
is Roofs and gutters shall be kept clear of debris.
ii) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-
fourth (1/4) inch maximum.
iii) Any outbuilding shall adhere to the same wildfire requirements.
iv) Yards shall be kept clear of all litter, slash and flammable debris.
v) All flammable materials shall be stored on a. parallel contour a. minimum of
fifteen (15)feet away from any structure.
vi) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height
not more than six (6) inches.
vii) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen
(15) feet away from the structure.
viii on -saltwater swimming pools and ponds shall be accessible by the local fire
district.
ix) Fences shall be kept clear of brush and debris.
Wood fences shall not connect to other structures.
xi) Fuel tanks shall be installed underground with an approved container.
xii) Propane tanks shall be buried, if possible, or installed according to NFPA 58
standards and on a contour away from the structure with standard defensible
space vegetation mitigation around any aboveground tank. Any wood enclosure
around the tank shall be constructed with materials approved for two (2) hour
fire -resistive construction on the exterior side of the walls.
xiii)Each structure shall have a minimum of one ten (10) pound ABC fire
extinguisher.
iv Addre sse s shall be clearly marked with two (2) inch non-combustible letters
and shall be visible at the primary point of access from the public or common
access road and installed on a non- combustible post.
xv)Utilities shall be extended underground.
xvi)Additional recommendations from the Colorado State Forest Service, the Pitkin
County Sheriff's Department, the local fire protection district andior a person
certified by the Community Development Department as an expert in designation
of wildfire areas and wildfire mitigation may be incorporated into any conditions
of approval as necessary to mitigate wildfire hazards.
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11. The Applicant shall comply with the following general conditions regarding wildlife:
A. Manipulation of vegetation outside of the Activity Envelope is prohibited.
B. Mesh or woven wire fences are prohibited outside the Activity Envelope.
C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type,
shall not exceed fifty-four (54) inches in height above ground level, and twelve
(12) inches in width (top view), and shall have at least eighteen (18) inches between
the lower two (2) rails.
D. Landscaping shall not include nut, berry or fruit producing trees or shrubs palatable
to bears. This does not include pre-existing native trees and shrubs.
E. Access shall be provided to the Colorado Parks and wildlife for trapping, tagging,
studying, or otherwise managing wildlife.
F. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
These containers shall be accessible to and used at all times by contractors on site.
G. Bird feeders, including hummingbird feeders, shall be hung away from any deck
or window, and be at least ten (10) feet from the ground suspended between two
(2) trees or posts. All seed feeders shall include a seed catchment pan to catch
discarded seed.
H. Pet food shall not be left outside.
I. All outside doors shall utilize only solid round handled door knobs unless another
type is required by the applicable Building Code for disabled accessibility
purposes.
J. Contractors shall be prohibited from bringing their dogs on -site.
12. The Applicant shall comply with the applicable codes and requirements of the Roaring
Fork Fire Rescue District, including but not limited to access, adequate area for turning
around of fire equipment, installation of an approved fire sprinkler system and provision
of an adequate water supply for firefighting.
13. Prior to commencement of any earthmoving or other construction activity, the Applicant
shall stake the corners of the activity envelope and install construction fencing around the
construction site. The fencing shall remain in place until issuance of a Certificate of
Occupancy.
14. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within
one growing season of the prof ect's completion.
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15. Financial security in the form of a Letter of Credit (LAC), acceptable to the Community
Development Director, shall be provided to ensure that the vegetation proposed and required
to be installed thrives.
16. Security fencing shall be installed around the lagoon to remain in place until grading and
landscaping is complete.
17. The future use of the common area, the old lagoon, may require amendments to this approval
or the Lazy Glen SubdivisionIPUD. An earthmoving permit may be required after the lagoon
dries out and portions are filled in for a future use.
18. Failure to comply with the conditions of this approval may result in revocation of this approval,
or any subsequent permits) or approval(s) related to this property, or vested rights associated
with this property.
19. Statutory vested rights for the Activity Envelope and Site Plan Review 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 June 9th, 2024.
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NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE
6th DAY OF MAY, 2021
APPROVED AND ADOPTED ON THE 9th DAY OF JUNE 2021.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times
Weekly on the 17th day of June, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
juum,l+t, 9otA.c s
Jeanette Jones,
Deputy Clerk
Kelly McNicholas Fury, Chair
Date: Jun-23-2021
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely,
County Attorney
Case#PLAN .0479.2021
Cindy Houben,
Community Development Director
PID# 2467-213-90-801, 2467-213-90-802, and 2467-213-90-805