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HomeMy WebLinkAboutbocc.ord.043.2022RECEPTION#: 691373, R: $0.00, D: $0.00, 1110412022 at 12:13:42 PM, Pgs 1 of 13, Ingrid K. Grueter, Pitkin County, CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITION COUNTY, COLORADO APPROVING THE MOORE FAMILY RANCH OPEN SPACE PRESERVATION MASTER PLAN ORDINANCE No. 043-2022 RECITALS 1. Pursuant to 30-35-301 C.R.S., the Board of County Commissioners ("BOCC") of Pitkin County, 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. 2. Pursuant to Section 2.8.1 of the Home Rule Charter ("HRC"), the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statues as amended. 3. Moore Family Ranch Properties LLLP; Thomas Moore; Thomas A. Moore Qualified Personal Residence Trust, Carolyn W. Moore Qualified Personal Residence Trust ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") requesting approval of an Open Space Preservation Master Plan (OSPMP), pursuant to Land Use Code Sec. 2-40-170. The OSPMP will preserve the Moore Family Ranch lands along the east and west sides of McLain Flats Road, while allowing limited future development. The Applicant is requesting the following master plan and development approvals: A. Subdivision into two residential lots (a 35+ acre lot that is the original Moore family homestead parcel and a 5-acre lot on the south end of the property) and two Open Space parcels (approximately 190 acres) B. Designation of the Moore family's house and barn to the Pitkin County Historic Register and incentives for the designation C. Establishment of Activity Envelopes on the two Lots for future development D. Special Review/GMQS Exemption approval for a Caretaker Dwelling Unit (CDU) on Lot 2. 4. The property is located at 1309 McLain Flats Road, and is more specifically described in Exhibit A. 5. The property is zoned RS-20 and contains approximately 230.9 acres. 6. The Community Development Director has considered all development and impacts of development and the cash compensation paid from Open Space and Trails restricted funds, the property interests acquired by the County, as well as any other aspects of the final disposition of development and use of the property, and recommends that the Open Space and Trails Board and the BOCC approve the Open Space Preservation Master Plan. 7. The Open Space and Trails Board considered the Master Plan at a regularly scheduled meeting on October 20, 2022, and endorsed the conditions of approval and recommends that the BOCC approve the Open Space Preservation Master Plan. 8. The BOCC considered the Ordinance on first reading at a duly noticed public hearing on October 12, 2022 and on second reading at a continued public hearing on October 26, 2022, and accepted the RECEPTION#: 691373, 1110412022 at 12:13:42 PM, Pgs 2 of 13, Ingrid K. Grueter, Pitkin County, CO Ordinance Na.043-2022 Page 2 conditions of approval as recommended by the Community Development Director and endorsed by the Open Space and Trails Board. 9. The BOCC finds that the Moore Family Ranch Open Space Preservation Master Plan is consistent with the applicable provisions of Sec. 2-40-70 of the Pitkin County Land Use Code, as follows: A. The property contains significant wildlife habitat, scenic viewplanes, historic resources, agricultural and ranching activity. The property fits squarely within the policies of the Open Space and Trails Board to protect wildlife habitat and corridors and viewplanes, and to preserve historic agricultural and ranching activities. B. The property is entirely within unincorporated Pitkin County. C. The application was initiated by Pitkin County with the consent of the property owner. The property contains in excess of 70 acres. D. Pitkin County is acquiring a fee simple interest and a Conservation Easement with Open Space and Trails restricted funds. E. The Moore Family Ranch Open Space Preservation Master Plan takes into consideration the goals and objectives of the 1989 Down Valley Comprehensive Plan (DVCP), including the following: 1) Preserve agricultural operations and open space 2) Minimize environmental impacts 3) Maintain the rural and agricultural character 4) Protect scenic viewplanes 5) Reduce development potential F. The underlying RS-20 zone district allows a potential density of 11 units on 230 acres. The OSPMP will reduce the density to three units — one residence on Lot 1 and two residences on Lot 2, and will significantly reduce the area of the property that could potentially be affected by development. Development is confined to limited Activity Envelopes that avoid the wildlife habitat, minimize scenic impacts and preserve pasture areas. G. Floor area on Lot 1 will not exceed 8,250 square feet. Floor area for the additional residence and CDU on Lot 2 will not exceed 8,250 square feet; the historically designated single-family residence on Lot 2 will not count towards the floor area on Lot 2. The OSPMP provides a GMQS Exemption of 5,750 square feet for each of Lots 1 and 2. The Applicant is requesting 8,250 square feet of floor area for each of Lots 1 and 2, based on compliance with the criteria in Sec. 2-40-170(b)(4) to demonstrate an "exceptional circumstance" to develop in excess of 5,750 and up to 8,250 square feet of floor area The property is above the confluence of the Roaring Fork River and Brush Creek and is not within the Rural and Remote zone district. The additional floor area on Lot 1 and 2 would not: 1) Create significant visual impacts from McLain Flats Road, as development will be clustered on the two residential lots and development is eliminated from the west side of McLain Flats Road. 2) Significantly degrade surrounding rural character, as the majority of the property will be conserved as open space. 3) Create significant light, air and water pollution, or traffic impacts. RECEPTION#: 691373, 1110412022 at 12:13:42 PM, Pgs 3 of 13, Ingrid K. Grueter, Pitkin County, CO Ordinance Na.043-2022 Page 3 H. The OSPMP will allow agricultural buildings exempt from floor area, as permitted in Sec. 5-20- 700): I. J. K. 1) Lot 1: One 300 square foot loafing shed; 1,160 square foot barn; and 1,000 square foot greenhouse 2) Lot 2: Unlimited 300 square foot loafing sheds; 990 square foot agricultural equipment storage building; 4,060 square foot barn; 448 square foot (at 30' height) or 672 square foot (at 20' height) hay storage building; and 1,600 square foot greenhouse. Existing barns count towards the agricultural building allowances. The Master Plan and associated Conservation Easement will result in a significant public benefit in the reduction of potential development on the property. The Master Plan concentrates activity and clusters development in appropriate locations on the property. The Master Plan addresses "all development and use potential" for the property. The development approvals granted herein balance on -site development, and cash compensation in consideration of any interest acquired in the property by Pitkin County against the monetary value of the property and the conservation and community values related to the property. It is appropriate to establish unique vested rights as provided in Sec. 2-40-70 and to vest the Master Plan in perpetuity for the location of the identified Activity Envelopes, the location and floor area of the structures specifically identified in the Master Plan, the subdivision, and the uses approved in the Master Plan, with the understanding that certain uses will require further review to effectuate. 10. The BOCC further finds that the proposed activity envelopes on Lots 1 and 2 comply with the Land Use Code as follows: A. The Activity Envelopes avoid slopes in excess of 30%, with the exception of some limited areas that comply with the exception in Sec. 7-20-20(c)(3) of the Code for development on slopes in excess of 30% where there is a minor slope anomaly. B. The Activity Envelopes have been located to avoid direct flow from future mudfloodlmudflow events. C. The Activity Envelope are within a low wildfire hazard area. D. The Activity Envelopes are proposed outside of field verified winter range, severe winter range, and winter concentration areas, in compliance with Sec. 7-20-70. The Activity Envelopes are proposed within the quarter -mile buffer of the mapped and field verified severe winter range of both deer and elk that begins at the toe of the west facing slopes on the east side of the ranch. CPW supports the Activity Envelope locations, given the benefit to wildlife of limited development and subject to conditions to minimize impacts on wildlife habitat. E. Sec. 7-20-90 requires development to ensure the preservation of at least ninety-five (95) percent of the acreage historically used for production of food for humans, or hay, grain and other feed crops for livestock. The majority of the agricultural lands will be preserved within the Open Space Parcels; a limited area will be removed for new development within the Activity Envelopes on Lots 1 and 2. F. The ranch is within the Scenic View Protection Area as seen from McLain Flats Road. No development is proposed on the west side of McLain Flats Road. The Activity Envelope on Lot 1 is sited at the southern end of the property proximate to existing developed lots and to the east above the irrigation ditch and at the base of the slope. This siting preserves the agricultural lands below the ditch and provides a buffer from the road. The Activity Envelope on Lot 2 encompasses the existing RECEPTION#: 691373, 1110412022 at 12:13:42 PM, Pgs 4 of 13, Ingrid K. Grueter, Pitkin County, CO Ordinance No.043-2022 Page 4 buildings and provides area for the new residence and CDU to the east where it will have minimal impact visually from the road and the historic buildings will remain the focus as seen from the road. 11. The BOCC further finds that the historic resources on the property — the house and barn — meet the criteria for designation to the Pitkin County Historic Register in Sec. 7-20-100(b)(2)(a), as documented by the Historic Preservation Officer: A. Ranching is the single most important theme of the mid Roaring Fork Valley. The buildings and landscape represent the settlement of the fertile lands just below Aspen at the turn of the 20th century. This property continues to express the historic theme, through the open cultivated meadows surrounding the building group, the concentration of trees at the house site and the proximity of the barn to the house. These characteristics clearly express the history and use of the site to any passerby. B. There are a number of other historic ranches throughout the Valley. In this area, however, much of the original ranching context has been converted to residential development. In this case, the buildings themselves are good examples of the architecture of the period; displaying the scale, massing, design details and materials that are representative of successful ranches in the Valley. C. The house and barn retain a considerable integrity in location, setting, design, materials, workmanship, feeling and association. The barn is a large and unique example of a gambrel roofed barn of which there are only a few remaining in the valley. The lands surrounding the house are still used for agricultural purposes which further supports the original setting of the ranch complex. D. These early 20th century buildings have qualities that are unique among the group of ranch houses in the Valley. The one and one half story wood frame house has simple but careful detailing that separates it from other more Victorian influenced houses. It represents vernacular versions of styles that were emerging across the US. In addition, the house and barn are reportedly kit houses which was a prevalent method of obtaining materials and design plans during this period. E. The buildings and ranch lands are highly visible from the road and contribute to the character of the Valley in this area. F. This property is associated with ranching in the Roaring Fork Valley and immigration into to the valley in the late 1800s and early 1900s. Farming and ranching resources contribute to the county, state and nation as a significant part of the settlement of the valley and its prosperity after the brief Mining Era. G. This ranch is significant for its associations with the Milich family and their descendants who established the ranch which has operated for generations. The collective preservation of these farms and ranches is a recognition of the importance of generational ranching in this valley. 12. The BOCC further finds that the Applicant is eligible for the following incentives for designation of the historic resources to the Historic Register, in compliance with Secs. 2-30-30(h)(9), 6-30-60 and 7-20- 100(f): A. Density bonus for one additional residence and GMQS exemption for 2,500 square feet of additional floor area without the use of a TDR to allow a maximum of 8,250 square feet of floor area on Lot 2 for one additional residence and one CDU. The existing floor area of the historic house shall not count toward the 8,250 square feet of floor area for Lot 2. B. GMQS Exemption for 2,500 square feet of utditional floor area without the use of a TDR to allow a maximum of 8,250 square feet of floor area on Lot 1 RECEPTION#: 691373, 1110412022 at 12:13:42 PM, Pgs 5 of 13, Ingrid K. Grueter, Pitkin County, CO Ordinance Na.043-2022 Page 5 13. The BOCC further finds that the CDU on Lot 2 complies with Secs. 2-30-30(h)(2) and 6-30-40(c). The use is consistent with the DVCP, the intent of the RS-20 zone district, the character of the surrounding area, and will create minimal additional impacts. The CDU will be limited to a maximum of 1,000 square feet of net livable area and will count towards the total allowable floor area of 8,250 square feet onLot2. 14. The BOCC further finds that the OSPMP will reduce the overall development of the property, cluster development in appropriate areas, preserve wildlife habitat, and retain agricultural lands, in conjunction with a perpetual Conservation Easement on the majority of the property, and, therefore, that the elements approved in the OSPMP shall be exempt from GMQS competition for residential allotments. 15. The BOCC finds that adoption of this ordinance is in the best interest of the citizens of Pitkin County. NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County Commissioners that it hereby approves the Moore Family Ranch Open Space Preservation Master Plan, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The approved Moore Family Ranch Open Space Preservation Master Plan map is attached as EXHIBIT B. 3. The Applicant shall be required to submit the following documents for approval by the County Attorney and Community Development and recordation with the Pitkin County Clerk. The above referenced approvals shall be a condition precedent to finalization and recordation of the documents. These documents shall be recorded concurrently. A. Conservation Easement and/or Covenant Agreements B. Subdivision Plat (to create Lots 1 and 2 and Open Space Parcels A and B). C. Activity Envelope Plans D. Covenant Agreement in which the Applicant agrees to preserve and restore the historic resources in accordance with the Pitkin County Handbook for Preservation of Historic Properties 4. The Applicant may amend the subdivision plat in the future to adjust the lot lines among the lots, subject to approval by a lot line adjustment or other process required by the Land Use Code, including a finding by the Open Space Board that such amendments will not impair the conservation purposes of the Conservation Easement. 5. Site Plan Review or an exemption from Site Plan Review is required for all new structures within the approved Activity Envelopes, prior to submission of any permit applications. 6. With each building permit application, the Applicant shall: A. Provide proof of an adequate water supply (in terms of quantity and availability) for the proposed structure. B. Obtain an On -Site Wastewater Treatment System construction permit. C. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. RECEPTION#: 691373, 1110412022 at 12:13:42 PM, Pgs 6 of 13, Ingrid K. Grueter, Pitkin County, CO Ordinance Na.043-2022 Page 6 D. Demonstrate adequate drainage for all low 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 historical flow patterns and runoff amounts will be maintained. If site disturbance exceeds one (1) acre, the Applicant shall obtain a stormwater permit from the State of Colorado. E. If a new or improved access is required, obtain a County access/driveway permit acceptable to the Aspen Fire Protection District and Planning Engineer. F. Pay the applicable road and employee housing impact fees. G. Submit a detailed revegetation plan for disturbed areas with appiupi'ate seed mixes. H. Submit a landscaping plan. I. Submit a detailed exterior lighting plan with the corresponding fixture cut sheets. 7. A Caretaker Dwelling Units is permitted on Lot 2, subject to the following: A. The CDU shall not exceed 1,000 net livable square feet, which shall count toward the total allowable floor area. The kitchen shall contain the following: a minimum of a two -burner stove with oven, standard sink, and a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must measure at least 14" W x 16" D x 5.25"H; refrigerator must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer. B. Prior to issuance of building permit, the Applicant shall, by deed restriction, guarantee that the caretaker unit: 1) Shall not be required to be rented; 2) Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; 3) Shall be limited to occupancy by not more than two adults and related children, who qualify as employees of the community under such guidelines as may be from time to time established, or members of the owner's immediate family, even though they may not qualify as employees of the community; 4) Shall be rented for terms not less than 6 months if rented. 8. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the applicable Activity Envelope and install construction fencing around the perimeter of the envelope or around the limits of disturbance within the Activity Envelope. All disturbance shall occur within the Activity Envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the structure. 9. All lighting shall comply with applicable regulations in the Land Use Code. 10. No development, including manipulation of vegetation, shall occur outside of the approved Activity Envelopes, with the exception of agricultural uses. 11. The Applicant shall comply with the following conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelopes is prohibited, except as related to agricultural uses. Landscaping shall be limited to the designated Activity Envelopes. RECEPTION#: 691373, 1110412022 at 12:13:42 PM, Pgs 7 of 13, Ingrid K. Grueter, Pitkin County, CO Ordinance Na.043-2022 Page 7 B. Any new fencing for non-agricultural activities shall be within an approved Activity Envelope and shall comply with the following standards: 1) Mesh or woven wire fences are prohibited except for kenneling of dogs. 2) 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. 3) Wire fencing must be three (3) strands or less. The top wire should be a twelve -point -five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. C. New fruit bearing trees and shrubs shall be prohibited for non-agricultural landscaping within the Activity Envelopes. D. With reasonable notice to the property owner, access shall be provided to the Colorado Parks and Wildlife for trapping, tagging, studying, or otherwise managing wildlife, except in case of a wildlife emergency. E. Trash/garbage shall be kept in an approved bear resistant container or enclosure, including during construction. F. Dogs are prohibited on Lot 1. Dogs shall be permitted on Lot 2 during the ownership of Tom and Carolyn Moore and shall continue to be permitted during the ownership of their immediate descendants. If the Moore family no longer owns Lot 2, dogs shall be prohibited on Lot 2. G. Contractors shall be prohibited from bringing dogs on -site during construction. H. No construction activity is permitted from December 1 through March 31. I. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. J. 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. K. Bird feeders shall be avoided from April 1 through November 1. 12. All development shall comply with the applicable low wildfire hazard mitigation standards in the Land Use Code. 13. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection 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. 14. Development shall comply with the setbacks mandated by County zoning regulations. Any development that does not comply shall require a variance from the Board of Adjustment. Approval of an Activity Envelope within such setbacks does not assure approval of a variance. 15. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. RECEPTION#: 691373, 1110412022 at 12:13:42 PM, Pgs 8 of 13, Ingrid K. Grueter, Pitkin County, CO Ordinance Na. 043-2022 Page 8 16. Failure to comply with the conditions of this approval may result in revocation of this Ordinance and/or the Open Space Preservation Master Plan, or any subsequent permit(s) or approval(s) related to these properties, or the vested rights associated with the property, except with regard to any common law vested rights established through development and use prior to the time of the proposed revocation. 17. Vested rights for the Moore Family Ranch Open Space Preservation Master Plan, as approved herein, are granted pursuant to the Pitkin County Land Use Code § 2-40-170(b)(5) as set forth in this Paragraph. Statutory vested rights for any site specific development plan, as defined by C.R.S. §§ 24- 68-101, et seq. and Pitkin County Land Use Code § 2-20-170, approved herein shall be vested in perpetuity and shall be for the location of the identified Activity Envelopes, the floor area of the structures, and the subdivision. Floor area is to be calculated based on the rules in effect at the time of building permit submittal. All remaining issues and fees are subject to the code requirements in effect upon development. RECEPTION#: 691373, 1110412022 at 12:13:42 PM, Pgs 9 of 13, Ingrid K. Grueter, Pitkin County, CO Ordinance Na.043-2022 Page 9 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN DAILY NEWS on the 25th day of August, 2022. INTRODUCED ON FIRST READING AT A DULY NOTICED PUBLIC HEARING on the 12th day of October, 2022. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN DAILY NEWS on the 8th day of September, 2022. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.pitkincounty.com) ON THE 13th DAY OF October, 2022. APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC HEARING on the 26th day of October, 2022. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 10th DAY OF November, 2022. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 3' DAY OF November, 2022. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION IN THE ASPEN DAILY NEWS AND POSTING ON THE OFFICIAL PITKIN COUNTY WEBSITE, FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO iettiazyput Julia Ely Patti Clapper, Chair Deputy Clerk Date: Nov-03-2022 APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, County Attorney PID # 264327100005, 264327100001 PLAN.1219.2022 Swywau. tlottfr Suzanne Wolff, Community Development Director RECEPTION#: 691373, 1110412022 at 12:13:42 PM, Pgs 10 of 13, Ingrid K. Grueter, Pitkin County, CO EXHIBIT A - LEGAL DESCRIPTION PARCEL A: A PORTION OF THE FOLLOWING DESCRIBED PARCEL LOCATED WESTERLY OF MCLAIN FLATS RD: A TRACT OF LAND SITUATE IN SECTIONS 26 AND 27 OF TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A #5 REBAR AND CAP L.S. 7168 FOUND AT THE SOUTHWEST CORNER OF LOT 2 OF THE THIRD AMENDED AND RESTATED PLAT OF STARWOOD RANCH LOT SPLIT AS RECORDED IN PLAT BOOK 27 AT PAGE 26 OF THE RECORDS OF THE PITKIN COUNTY CLERK AND RECORDER; WHENCE A BRASS CAP FOUND AS A WITNESS CORNER TO THE 5 1/4 CORNER OF SECTION 22, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6TH P.M. BEARS N 55° 22'51" W 3780.15 FEET; THENCE 5 89° 50'53" W 2283.23 FEET ALONG THE NORTH LINE OF TRACT 44, LOTS 17, 18 AND 22 OF WHITE HORSE SPRINGS RANCH LOTS AND TRACTS, COUNTY OF PITKIN, STATE OF COLORADO TO THE SOUTHEAST CORNER OF ATRACT OF LAND DESCRIBED IN BOOK 505 AT PAGE 164 OF SAID RECORDS OF THE PITKIN COUNTY CLERK AND RECORDER; THENCE ALONG SAID TRACT THE FOLLOWING (21) COURSES: 1) 126.05 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 4055.00 FEET, A CENTRAL ANGLE OF 01° 46'52" AND SUBTENDING A CHORD BEARING N 21° 42'39" W 126.04 FEET TO A #5 REBAR AND CAP L.S. 9018; THENCE 2) N 22' 14'53" W 430.28 FEET TO A #5 REBAR AND CAP L.S. 9018; THENCE 3) N 22° 36'05" W 365.15 FEET TO A #5 REBAR AND CAP L.S. 9018; THENCE 4) S 68° 16'24" W 593.85 FEET TO A #5 REBAR AND CAP L.S. 9018; THENCE 5) 5 31° 02'36" E 242.82 FEET TO A #5 REBAR AND CAP L.S. 9018; THENCE 6) S 27° 42'46" E 175.16 FEET TO A #5 REBAR AND CAP L.S. 9018; THENCE 7) S 30° 19'25" E 314.98 FEET; THENCE 8) 74.56 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 71° 11'58" AND SUBTENDING A CHORD BEARING S 54° 08'50" W 69.85 FEET TO A #5 REBAR AND CAP L.S. 9018; THENCE 9) S 12' 44'46" E 201.21 FEET; 10) S 03° 43'01" E 58.35 FEET; THENCE 11) S 20° 29'59" W 10.34 FEET; THENCE 12) S 25° 42'14" W 101.51 FEET; THENCE 13) S 01' 18'59" W 179.60 FEET; THENCE 14) S 04° 38'36" E 189.95 FEET; THENCE 15) S 18° 54'06 E 48.61 FEET; THENCE 16) N 72° 22'34" E 19.69 FEET; THENCE 17) N 77° 49'29" E 9.71 FEET; THENCE 18) N 66° 49'29" E 10.03 FEET; THENCE 19) N 71° 46'54" E 63.02 FEET; THENCE 20) N 00° 01'06" W 780.07 FEET; THENCE 21) N 89° 44'54" E 8.23 FEET TO THE NORTHWEST CORNER OF LOT 22 OF SAID WHITE HORSE SPRINGS LOTS AND TRACTS; THENCE 5 00° 02'00" E 1962.54 FEET ALONG THE WEST LINE OF LOTS 22, 20 AND 19 OF SAID WHITE HORSE SPRINGS LOTS AND TRACTS TO THE SOUTHWEST CORNER OF SAID LOT 19; THENCE 5 00° 02'00" E 4.80 FEET TO THE MOST SOUTHERLY CORNER OF LOT 28 OF SAID SECTION 27; THENCE ALONG THE SOUTHEASTERLY LINES OF LOTS 28 AND 18 OF SAID SECTION 27 N 45° 00'25" W 1202.74 FEET TO A POINT ON THE SOUTH LINE OF LOT 13 OF SAID SECTION 27; THENCE ALONG THE SOUTH LINE OF SAID LOT 13 S 89° 59'35" W 567.52 FEET TO THE SOUTHWEST CORNER OF SAID LOT 13; THENCE ALONG THE WEST LINE OF SAID LOT 13 N 00° 00'25" W 567.52 FEET TO THE MOST SOUTHERLY CORNER OF LOT 24 OF SAID SECTION 27; THENCE ALONG THE SOUTHEASTERLY LINES OF LOTS 24 AND 25 N 45° 00'25" W 62.43 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 25; THENCE ALONG THE NORTH LINE OF SAID LOT 25 N 89° 18'51" E 45.88 FEET TO THE SOUTHWEST CORNER OF LOT 5 OF SAID SECTION 27; THENCE ALONG THE WEST LINE OF SAID LOT 5 AND THE EAST LINE OF LOT 23 OF SAID SECTION 27 N 02° 12'14" E 205.83 FEET; THENCE S 89' 16'56" W 13.99 FEET TO THE WEST LINE OF SAID LOT 23; THENCE ALONG THE WEST LINE OF SAID LOT 23 N 00° 59'52" W 1121.76 FEET TO THE NORTHWEST CORNER OF SAID LOT 23; THENCE N 01° 06'49" W 969.95 FEET ALONG THE WEST LINE OF LOT 22 OF SAID SECTION 27 TO A #5 REBAR AND CAP L.S. 15710 AT THE SOUTH LINE OF THE MOORE PROPERTY LOT LINE ADJUSTMENT PLAT AS RECORDED IN THE RECORDS OF THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE; THENCE ALONG THE SOUTH LINE OF SAID MOORE PROPERTY LOT LINE ADJUSTMENT PLAT N 89° 36'20" E 1216.86 FEET TO THE SOUTHEAST CORNER OF SAID MOORE PROPERTY PLAT; RECEPTION#: 691373, 1110412022 at 12:13:42 PM, Pgs 11 of 13, Ingrid K. Grueter, Pitkin County, CO THENCE ALONG THE EAST LINE OF SAID MOORE PROPERTY PLAT N 22° 51'04" W 384.47 FEET TO A POINT ON THE NORTH SECTION LINE OF SAID SECTION 27; THENCE ALONG THE NORTH LINE OF SAID SECTION 27 N 89 38'33" E 2887.44 FEET TO THE NORTHEAST CORNER OF SAID SECTION 27; THENCE ALONG THE NORTH LINE OF SAID SECTION 26 5 89° 00'13" E 260.93 FEET TO A POINT ON THEWEST LINE OF SAID LOT 2 OF THE STARWOOD RANCH LOT SPLIT; THENCE ALONG THE WEST LINE OF SAID LOT 2 S 00° 21'01" W 2160.15 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED LEGAL DESCRIPTION WAS CREATED BY KENNETH R. WILSON L.S. 15710, OF SCHMUESER, GORDON MEYER, INC. PURSUANT TO MOORE PROPERTY BOUNDARY SURVEY DATED JANUARY 2, 1992. BEING THE SAME PROPERTY CONVEYED IN DEED RECORDED JULY 6, 1998 AS RECEPTION NO. 419078. EXCEPTING THEREFROM THE CONVEYANCE OF DEED RECORDED MARCH 8, 2007 AS RECEPTION NO. 535224, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED WITHIN THE N1/2 OF SECTION 27, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 27, WHENCE THE NORTHEAST CORNER OF SAID SECTION 27 BEARS N 89° 35'00" E A DISTANCE OF 767.85 FEET; THENCE S 00° 25'00" E A DISTANCE OF 1310.87 FEET; THENCE S 89° 35'00" W A DISTANCE OF 903.90 FEET; THENCE N 22° 13'47" W A DISTANCE OF 1411.97 FEET TO A POINT ON SAID NORTH LINE OF SECTION 27; THENCE ALONG SAID NORTH LINE N 89° 35'00" E A DISTANCE OF 1428.55 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED LEGAL DESCRIPTION WAS CREATED BY SCHMUESER, GORDON, MEYER INC. COUNTY OF PITKIN, STATE OF COLORADO. PARCEL B A PORTION OF THE FOLLOWING DESCRIBED PARCEL LOCATED EASTERLY OF MCLAIN FLATS RD: A TRACT OF LAND SITUATE IN SECTIONS 26 AND 27 OF TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A #5 REBAR AND CAP L.S. 7168 FOUND AT THE SOUTHWEST CORNER OF LOT 2 OF THE THIRD AMENDED AND RESTATED PLAT OF STARWOOD RANCH LOT SPLIT AS RECORDED IN PLAT BOOK 27 AT PAGE 26 OF THE RECORDS OF THE PITKIN COUNTY CLERK AND RECORDER; WHENCE A BRASS CAP FOUND AS A WITNESS CORNER TO THE 5 1/4 CORNER OF SECTION 22, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6TH P.M. BEARS N 55° 22'51" W 3780.15 FEET; THENCE S 89° 50'53" W 2283.23 FEET ALONG THE NORTH LINE OF TRACT 44, LOTS 17, 18 AND 22 OF WHITE HORSE SPRINGS RANCH LOTS AND TRACTS, COUNTY OF PITKIN, STATE OF COLORADO TO THE SOUTHEAST CORNER OF A RACT OF LAND DESCRIBED IN BOOK 505 AT PAGE 164 OF SAID RECORDS OF THE PITKIN COUNTY CLERK AND RECORDER; THENCE ALONG SAID TRACT THE FOLLOWING (21) COURSES: 1) 126.05 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 4055.00 FEET, A CENTRAL ANGLE OF 01° 46'52" AND SUBTENDING A CHORD BEARING N 21° 42'39" W 126.04 FEET TO A#5 REBAR AND CAP L.S. 9018; THENCE 2) N 22° 14'53" W 430.28 FEEET TO A #5 REBAR AND CAP L.S. 9018; THENCE 3) N 22° 36'05" W 365.15 FEET TO A #5 REBAR AND CAP L.S. 9018; THENCE 4) S 68° 16'24" W 593.85 FEET TO A #5 REBAR AND CAP L.S. 9018; THENCE 5) S 31° 02'36" E 242.82 FEET TO A #5 REBAR AND CAP L.S. 9018; THENCE 6) S 27° 42'46" E 175.16 FEET TO A #5 REBAR AND CAP L.S. 9018; THENCE 7) S 30° 19'25" E 314.98 FEET; THENCE 8) 74.56 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 71° 11'58" AND SUBTENDING A CHORD BEARING 5 54° 08'50" W 69.85 FEET TO A #5 REBAR AND CAP L.S. 9018; THENCE 9) S 12° 44'46" E 201.21 FEET; 10) S 03° 43'01" E 58.35 FEET; THENCE 11) S 20° 29'59" W 10.34 FEET; THENCE 12) S 25° 42'14" W 101.51 FEET; THENCE 13) S 01° 18'59" W 179.60 FEET; THENCE 14) S 04° 38'36" E 189.95 FEET; THENCE 15) S 18° 54'06 E 48.61 FEET; THENCE RECEPTION#: 691373, 1110412022 at 12:13:42 PM, Pgs 12 of 13, Ingrid K. Grueter, Pitkin County, CO 16) N 72° 22'34" E 19.69 FEET; THENCE 17) N 77° 49'29" E 9.71 FEET; THENCE 18) N 66° 49'29" E 10.03 FEET; THENCE 19) N 71° 46'54" E 63.02 FEET; THENCE 20) N 00° 01'06" W 780.07 FEET; THENCE 21) N 89° 44'54" E 8.23 FEET TO THE NORTHWEST CORNER OF LOT 22 OF SAID WHITE HORSE SPRINGS LOTS AND TRACTS; THENCE S 00° 02'00" E 1962.54 FEET ALONG THE WEST LINE OF LOTS 22, 20 AND 19 OF SAID WHITE HORSE SPRINGS LOTS AND TRACTS TO THE SOUTHWEST CORNER OF SAID LOT 19; THENCE S 00° 02'00" E 4.80 FEET TO THE MOST SOUTHERLY CORNER OF LOT 28 OF SAID SECTION 27; THENCE ALONG THE SOUTHEASTERLY LINES OF LOTS 28 AND 18 OF SAID SECTION 27 N 45° 00'25" W 1202.74 FEET TO A POINT ON THE SOUTH LINE OF LOT 13 OF SAID SECTION 27; THENCE ALONG THE SOUTH LINE OF SAID LOT 13 5 89° 859'35" W 567.52 TO THE SOUTHWEST CORNER OF SAID LOT 13; THENCE ALONG THE WEST LINE OF SAID LOT 13 N 00° 00'25" W 567.52 TO THE MOST SOUTHERLY CORNER OF LOT 24 OF SAID SECTION 27; THENCE ALONG THE SOUTHEASTERLY LINES OF LOTS 24 AND 25 N 45° 00'25" W 62.43 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 25; THENCE ALONG THE NORTH LINE OF SAID LOT 25 N 89° 18'51" E 45.88 FEET TO THE SOUTHWEST CORNER OF LOT 5 OF SAID SECTION 27; THENCE ALONG THE WEST LINE OF SAID LOT 5 AND THE EAST LINE OF LOT 23 OF SAID SECTION 27 N 02° 12'14" E 205.83 FEET; THENCE S 89° 16'56" W 13.99 FEET TO THE WEST LINE OF SAID LOT 23; THENCE ALONG THE WEST LINE OF SAID LOT 23 N 00° 59'52" W 1121.76 FEET TO THE NORTHWEST CORNER OF SAID LOT 23; THENCE N 01° 06'49" W 969.95 FEET ALONG THE WEST LINE OF LOT 22 OF SAID SECTION 27 TO A #5 REBAR AND CAP L.S. 15710 AT THE SOUTH LINE OF THE MOORE PROPERTY LOT LINE ADJUSTMENT PLAT AS RECORDED IN THE RECORDS OF THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE; THENCE ALONG THE SOUTH LINE OF SAID MOORE PROPERTY LOT LINE ADJUSTMENT PLAT N 89° 36'20" E 1216.86 FEET TO THE SOUTHEAST CORNER OF SAID MOORE PROPERTY PLAT; THENCE ALONG THE EAST LINE OF SAID MOORE PROPERTY PLAT N 22° 51'04" W 384.47 FEET TO A POINT ON THE NORTH SECTION LINE OF SAID SECTION 27; THENCE ALONG THE NORTH LINE OF SAID SECTION 27 N 89 38'33" E 2887.44 FEET TO THENORTHEAST CORNER OF SAID SECTION 27; THENCE ALONG THE NORTH LINE OF SAID SECTION 26 5 89° 00'13" E 260.93 FEET TO A POINT ON THE WEST LINE OF SAID LOT 2 OF THE STARWOOD RANCH LOT SPLIT; THENCE ALONG THE WEST LINE OF SAID LOT 2 S 00° 21'01" W 2160.15 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED LEGAL DESCRIPTION WAS CREATED BY KENNETH R. WILSON L.S. 15710, OF SCHMUESER, GORDON MEYER, INC. PURSUANT TO MOORE PROPERTY BOUNDARY SURVEY DATED JANUARY 2, 1992. BEING THE SAME PROPERTY CONVEYED IN DEED RECORDED JULY 6, 1998 AS RECEPTION NO. 419078. EXCEPTING THEREFROM THE CONVEYANCE OF DEED RECORDED MARCH 8, 2007 AS RECEPTION NO. 535224, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED WITHIN THE N1/2 OF SECTION 27, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE SI2fH PRINCIPAL MERIDIAN, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 27, WHENCE THE NORTHEAST CORNER OF SAID SECTION 27 BEAERS N 89° 35'00" E A DISTANCE OF 767.85 FEET; THENCE S 00° 25'00" E A DISTANCE OF 1310.87 FEET; THENCE 5 89° 35'00" W A DISTANCE OF 903.90 FEET; THENCE N 22° 13'47" W A DISTANCE OF 1411.97 FEET TO A POINT ON SAID NORTH LINE OF SECTION 27; THENCE ALONG SAID NORTH LINE N 89° 35'00" E A DISTANCE OF 1428.55 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED LEGAL DESCRIPTION WAS CREATED BY SCHMUESER, GORDON, MEYER INC. COUNTY OF PITKIN, STATE OF COLORADO. ngrid K. Grueter, Pitkin County, CO R Lot 2 (35.10 acres±) activity envelope (4.0 acres±) itt't ,Lot 1 (5.0 e)' activity envelope i. ) SW CDR LOT 2.2 Open Space Parcel B (95.6 acres±) VPC ,96W SUMO � S. COR SEC 22 Conservation Easement hatched hatched area (15.2 acres±) RESAR NO CAP Notes: - This plan is conceptual in nature and will continue to be refined. - All activity envelopes shown are for primary residences, caretaker dwelling units, accessory structures, ag. buildings, access and utilities. As the plan continues to be developed additional activity envelopes may be defined for andscape, screening, underground utilities, agricultural access, etc. - All parcel boundaries and acreages are from the Moore Property Boundary Exhibit prepared by Aspen Survey on 6/2021. - The proposed maximum residential floor area for Lots 1 and 2 is 8,250 SF each. - The proposed exempt agricultural floor area in the Open Space Master Plan is SF for Lot 1,and SF forLot2. \ '\ r i Open Spac Parcel 95.1 acres±)/ Conservation, Easement hatched area 100.2 acres±), slopes 0-15% 15-30% 30-45% >45% Moore Ranch Open Space Preservation Master Plan Updated Survey w/ Pitkin County GIS Info. and Slopes Lot 1 Updated September 2, 2022 by The Land Studio, Inc. (!) 0400 800 1200 2000 north