HomeMy WebLinkAboutbocc.con.283.21 - BOCC RECEPTION#: 684097, R: $0.00, D: $0.00, 01/04/2022 at 03:20:27 PM, Pgs 1 of 12,Janice K.Vos Caudill, Pitkin County, CO
Contract No. 283.2021
COVENANT IN ASSOCIATION WITH THE
PITKIN COUNTY 2021 RURAL AREA RESIDENTIAL
GROWTH MANAGEMENT QUOTA SYSTEM
ALLOTMENT FOR ADDITIONAL FLOOR AREA AWARDED TO
COLA, LLC
THIS COVENANT is made this l day of A/Djr[Mitrr, 2021, by Hugh Uhalt, as Managing
Member of Cola, LLC: ("Owner"), whose address is 201 ST CHARLES AVE # 3600 NEW ORLEANS,
LA 70170.
RECITALS:
WHEREAS, the Owner owns certain real property legally described as Tract R-6, Original
Starwood Subdivision, Pitkin County, Colorado, according to the plat filed in the office of the Pitkin
County Clerk and Recorder in Plat Book 2 at Page 282 (the "Property"), PID# 264326402010; and
WHEREAS, on January 15, 2021 an application (the"Application") was submitted for a Growth
Management Quota System (GMQS) allotment of 1,425 square feet of additional floor area for
constniction of a garage and storage area on the Property through the 2021 Rural Area Residential GMQS
competition for additional floor area; and
WHEREAS, via adoption of Resolution No. PZ-05-2021 (Reception No. 677312), the Planning
and Zoning Commission of Pitkin County ("the Commission") awarded a score of 22 points to the
application,which exceeded the minimum threshold total score and the minimum threshold score for each
scoring category; and
WHEREAS, Resolution No. PZ-05-202.1 requires the Owner to record a covenant documenting
the commitments and representations by the Applicant in the application for the allotment, and any
amendments thereto. This covenant shall be reviewed and approved by the Community Development
Department as well as the County Attorney's Office and recorded against the property within 180 days
of the date the allotment is approved by resolution by the Commission and prior to any issuance of a
building permit to utilize the awarded floor area.
NOW THEREFORE, the allotment of an additional 1,425 square feet of floor area provided
for in Resolution No. PZ-05-2021 for the Property, is conditioned upon the following restrictions,
which detail the representations and commitments made in the Application as recognized by the
Commission through the award of points.
1.0 General Requirements
1 .1 The Lot is developed with a single-family residence, attached Caretaker Dwelling Unit and
attached garage. The existing gross floor is approximately 7,694.25 square feet(as represented by
the Owner, but not verified by Zoning). The approved GMQS allocation of 1,425 square feet of
floor area establishes the necessary rights to develop a total maximum gross floor area of
approximately 9,119.25 square feet on the Property (actual total shall be based on the existing
floor area calculated at permit plus the additional 1,425 square feet of floor area).
2,0 GMQS Commitments
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2.1 With a building pennit application to utilize the additional floor area. the owner shall submit a
receipt for a payment ofSS.400 to the qualified vegetation removal company(Western Vegetation
Management) for compliance with the Colorado Wildlife Science Report recommendations for
vegetation thinning to improve wildlife habitat.
2.2 With a building pennit application to utilize the additional floor area. the owner shall submit a
receipt for a payment of$15.000 to Pitkin County Open Space and Trails for trail enhancements
to the Rio Grande Trail in the Woody Creek Planning Area.
2.3 With a building permit application to utilize the additional floor area. the owner shall submit a
receipt for a payment of $12.000 to Aspen Fire Protection District for investment in a brush truck.
2.4 With a building permit application to utilize the additional floor area. the owner shall submit a
receipt for a payment of S10.000 to the Roaring Fork Conservancy for work on Filoha Meadows
area.
2.5 With a building permit application to utilize the additional floor area. the owner shall submit a
receipt for a payment of $5.000 to Aspen Center for Environmental Studies for work in the
Roaring Fork River watershed riparian area. The owner has fully satisfied the requirements of
this Section 2.5. This requirement has been satisfied_as demonstrated by the Acknowledgement
attached hereto as Exhibit A.
2.6 The height of the additional Floor Area shall not exceed 14 feet measured to the midpoint of the
roof. as calculated in Land Use Code Sec. 5-20-60.
2.7 A minimum of 286.75 square feet (which is 30°`a if the 1.425 square foot allotment) shall
meet the requirements for exempt sub-grade space defined in Sec. 5-20-70(g)(1).
2.8 All dimensions stated herein shall be measured according to the applicable methods codified
at the time of building permit submission.
3.0 _Miscellaneous
3.1 Recordation
Once fully executed.this Covenant shall be recorded in the office of the Pitkin County Clerk and
Recorder. At any time after the satisfaction of all of the requirements of Section 2.0. the Owner
may prepare and provide to the County for its signature a document acknowledging the
satisfaction of all requirements of Section 2.0. and releasing the parties from any further
obligations under this Agreement and declaring this Agreement of no further force and effect and
the County shall sign and deliver such document for recording.
3.2 Notices
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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 the Owner: c/a Hugh Uhalt (Cola LLC)
201 St. Charles Ave #3600
New Orleans, LA 70170
To Pitkin County: Pitkin County Manager
530 E. Main Street, Suite 302
Aspen, CO 81611
With Copy To: Pitkin County Attorney
530 E. Main Street, Suite 301
Aspen, CO 81611
4.0 Binding Effect
The provisions of this Covenant shall run with and constitute a burden on the Property and shall
be binding on and inure to the benefit of the Owner of the Property from time to time, and such
Owner's heirs, successors, personal representatives, and assigns, and Pitkin County, its
successors, personal representatives, and assigns.
5.0 Amendment
This Covenant may be altered or amended only by written instrument executed by the parties,
upon approval by the Pitkin County Planning and Zoning Commission.
6.0 Severability
If any of the provisions of this Covenant are determined to be invalid, it shall not affect the
remaining provisions hereof
7.0 Enforcement
Owner hereby agrees that in any adjudicated controversy concerning this Covenant,the prevailing
party is entitled to its costs and reasonable attorney's fees. Failure to enforce this Covenant does
not constitute a waiver of any rights to commence enforcement.
RECEPTION#: 684097, 01/04/2022 at 03:20:27 PM, Pgs 4 of 12,Janice K.Vos Caudill, Pitkin County, CO
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OWNER:
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E lugi� tJha t, Manager : '
Cola, 1:.LC .:•
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STA OF Loa t SI
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The foregoing Covenant was acknowledgedsbefer 'me:this I! .day of Nv W111' y ' 202.1;':by Hu' i: :; ' ::`_. .
Uhalt,Manager of Cola, :::. . ::
Witness my hand and official•sea[:
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My cornrnissi.on expires:
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otary Public
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RECEPTION#: 684097, 01/04/2022 at 03:20:27 PM, Pgs 5 of 12,Janice K.Vos Caudill, Pitkin County, CO
ACCEPTED by the Community Development Director this day of December , 2021,
pursuant to Board of County Commissioners Ordinance No. 032-2017:
Sw5atn. J 006 T
Suzanne Wolff, Assistant Director
APPROVED AS TO FORM
ff1-1
Richard Y. Neiley, Assistant County Attorney
[Owner signature and notary on following page.]
RECEPTION#: 684097, 01/04/2022 at 03:20:27 PM, Pgs 6 of 12,Janice K.Vos Caudill, Pitkin County, CO
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January 28, 2021
Hugh C Uhalt Jr.
Cola, LLC
173 Buchanan Dr.
Aspen CO 81611
RE: Donation Receipt (Pitkin County's Federal Tax ID#84-6000794)
Dear,
Pitkin County has received your donation check in the amount of S15,000. Your support of
Pitkin County's Open Space and Trails program to help fund improvements at the Jaffee
Overlook is greatly appreciated.
Best Regards,
Gang Tennenbaum
Director
Open Space and Trails
530 E, Main St., Suite 202; Aspen, Colorado 81611 970.920.5232
RECEPTION#: 684097, 01/04/2022 at 03:20:27 PM, Pgs 7 of 12,Janice K.Vos Caudill, Pitkin County, CO
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RECEPTION#: 684097, 01/04/2022 at 03:20:27 PM, Pgs 8 of 12,Janice K.Vos Caudill, Pitkin County, CO
EXHIBIT A
ACKNOWLEDGEMENT (2 of 4)
I hereby acknowledge receipt of funds from Hugh Uhalt, Cola LLC (owners of 173 Buchanan
Drive), in the amount of$12,000 to Aspen Fire Protection District in satisfaction of the awarded
2021 Rural Area Residential Growth Management Quota System (Case P054-19) commitment
and the requirements of Pitkin County Planning and Zoning Commission Resolution No. PZ-05-
2021 (Reception No. 677312).
Signatu Date: }-» •
By (Print Name and Title): —J�llr1
�a'tiC;2
3
AsTeA �� r i�
RECEPTION#: 684097,01/04/2022 at 03:20:27 PM, Pgs 9 of 12,Janice K.Vos Caudill, Pitkin County, CO
ILA/I rlVl
Alpine Bank Account: General Fund Checkin
Date: 1 I/9/2021
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RECEPTION#: 684097, 01/04/2022 at 03:20:27 PM, Pgs 10 of 12,Janice K.Vos Caudill, Pitkin County, CO
EXHIBIT A
ACKNOWLEDGEMENT (3 of 4)
I hereby acknowledge receipt of funds from Hugh Uhalt, Cola LLC (owners of 173 Buchanan
Drive), in the amount of$10,000 to Roaring Fork Conservancy in satisfaction of the awarded 2021
Rural Area Residential Growth Management Quota System (Case P054-19) commitment and the
requirements of Pitkin County Planning and Zoning Commission Resolution No. PZ-05-2021
(Reception . 7312).
Signature: . Date: / � ! 2 f
By (Print Name and Title): 21 C'4G— L04-1 �� ✓�{ UG 1 t� � �
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RECEPTION#: 684097, 01/04/2022 at 03:20:27 PM, Pgs 11 of 12,Janice K.Vos Caudill, Pitkin County, CO
FXI IIB1T A
ACKNOWLEDGEMENT (4 of 4)
I hereby acknowledge receipt of funds from Hugh Uhalt, Cola LLC (owners of 173 Buchanan
Drive), in the amount of S5,000 to Aspen Center for Environmental Studies in satisfaction of the
awarded 2021 Rural Area Residential Growth Management Quota System (Case P054-19)
commitment and the requirements of Pitkin. County Planning and Zoning Commission Resolution
No. PZ-05-2021 (Reception No. 677312).
Signature:
Date: I 1 i8/2021
By (Print Name and Title): Christy Mahon, Development Director
RECEPTION#: 684097, 01/04/2022 at 03:20:27 PM, Pgs 12 of 12,Janice K.Vos Caudill, Pitkin County, CO
WESTERN VEGETATION MANAGEMENT INC
337 Cleveland Place Carbondale CO 81623
Owner: Mike Uncapher 970-618-2567 inuricapherc@hotnail.corn
INVOICE 282
Client/Contact: 173 Buchanan Drive, Starwood, Aspen, CO 81611
Hugh Uhalt (huhalt@uhaltinvestments.com)
Date: 12-16-2021
Project: Thin brush on the north side of the property starting from the
residence and ending at the north boundary as described in the report
prepared by Colorado Wildlife Science.
Create clusters of brush not more than 2.5 times the diameter of the
average height. Spacing between remaining clusters of brush to be
approximately 25 for a 25' diameter cluster.
Remove all dead standing and dead and down material from the treatment
area.
Final product will be free of dead woody vegetation and have approximately
50% less brush than the area currently has.
Aspen sprouts and healthy trees to remain.
Rate: Not to exceed 24 hours at $225 each.
Bid Total: $5,400.00
INVOICE 282 TOTAL DUE: $5,400.00 PAID, THANK YOU!
Notes: Licensed and insured.
Thanks for this work!
Sincerely, Mike Uncapher