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HomeMy WebLinkAboutbocc.res.140.2003RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL TO SUSTAINABLE SETTINGS INC. FOR THE THOMPSON CREEK RANCH PUB (PUBLIC) MASTER PLAN, 1041 HAZARD REVIEW, AND GMQS EXEMPTION FOR AN ESSENTIAL COMMUNITY FACILITY AND DESIGNATING THE HISTORIC RESOURCES TO THE PITKIN COUNTY HISTORIC INVENTORY Resolution No. [t/~2003 RECITALS Sustainable Settiugs Iuc., hereafter "Applicant", has applied to the Board of County Commissioners of Pitkin County, Colorado, hereafter "BOCC", to rezone the property to PUB (Public) in order to accommodate a non-profit research and educational facility that "will pioneer and demonstrate methods of sustainable agriculture, ecosystem restoration, green building" and the integration of these disciplines. The Applicant is requesting the following land use approvals: A. Rezoning from RS-30 to PUB B. PUB Master Plan to specify uses, activities and site development C. Code Amendments to amend the PUB zone district and to create a definition for "wind generators" D. GMQS Exemption for an essential community facility E. 104I Hazard Review. 2. The property is located on the West side of Highway 133, approximately 4 miles south of Carbondale, and is more specifically described in Exhibit A. The property is subject to a conservation easement to the benefit of the Board of County Commissioners recorded as Reception No. 485464 in the records of the Pitkin County Clerk that restricts uses and activities that may occur on the parcel. The Pitkin County Planning and Zoning Commission considered the proposed rezoning at regularly scheduled meetings on August 5 and September 2, 2003, and recommended approval by a vote of 3-1. The BOCC considered the proposed application at a duly noticed public hearing on October 22, 2003, and voted to approve the application on second reading on December 17, 2003. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County Land Use Code, including Section 3-240-03, standards for PUB master plans and 9-110-053~ standards for a GMQS exemption for an essential community facility; that the proposed developme~t avoids 104I hazard areas OR is located such that hazards can be mitigated; and that the historic resources are eligible for designation to the Pitkin County Historic Inventory. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby designate the Thompson Creek Ranch to the Pitkin County Historic Inventory. BE IT FURTHER RESOLVED by the BOCC that it hereby grants approval to Sustainable Settings for the Thompson Creek Ranch, subject to the following conditions, which shall run with the land and be binding on all successors in interest: Page: I of 14 01/07/2004 00:04gl Resolution No. [?6~2003 Page 2 1. Development on the property shall be subject to the provisions of the Conservation Easement in addition to all conditions of this land use approval. 2~ Prior to submission ofauy earthmoving, access, or building pemfit applications for new development, the Applicant shall submit the revised Master Plan and Site Plans to the Community Development Department for approval and recording. The mylar copy of the site plan must be signed by the owuers prior to submittal for recording. The Master Plan shall include the approved list of uses, activities and futura site development, including floor area and height limitations, as specified in Exhibit B. The site plan shall designate a building envelope that is consistent with the "Building Area" shown in the Conservation Easement (attached as Exhibit C) and incorporates the proposed use areas shown on the proposed site plan and shall designate development envelopes for ponds. Concurrent with recordation of master plan, the Applicant shall record a covenant iu a form acceptable to the County Attorney in which the Applicant agrees to maintain the historic structures. Subsequent to recordation of the Master Plan and site plans and prior to submission of any earthmoving, access, building or septic permit applications for new development, the Applicant shall: A. Obtain a final water decree from the Water Court for the Augmentation Plan. Two intern/guest cabins may be constructed before the final water deCree is issued, if the Applicant provides adequate documentation to the Community Development Department from the State verifying that the existing well can be used to serve the cabins. B. Submit a comprehensive druinage and erosion control plan for the property for review and approval by the County Engineer. C. Submit an inventory of existing roads and an overall plan for road improvements (including all farm/ranch roads) to the County Engineer. D. Obtain a driveway/access permit from the County Engineer for the main entry access and any other portions of the access road that must be improved to accommodate proposed development. E. Obtain a new or revised access permit from the Colorado Department of Transportation. The permit shall eliminate the previously approved accesses from the highway for residential development that is now prohibited. F. Submit a comprehensive Fugitive Dust Control Plan to the Environmental Health Department for review and approval. G. The following specific development shall be exempt from these requirements: renovation of the historic ranch house; construction ora solar vault privy toilet, chicken coops, a garden shed, and the main barn; installation of hoop row/crop covers and solar-electric arrays; and maintenance and repair of existing buildings. 5. Prior to submission of any septic permits, the Applicant shall: A. Provide documentation to the Enviromnental Health Department of an adequate quality and quantity of water for domestic uses from the approved water supply. Wells shall be located ~vithin the approved building envelope, unless another location is approved by the Community Development and Environmental Health Departments. B. Provide documentation to the Environmental Health Department that the appropriate State permits for the water system have been obtained. C. Obtain approval of a State Site Application for the sewage disp0sal system, if required. BILVIA DAVIS PITKIN COUNTY CO R 0,00 493189 Page: 2 o¢ 14 01/07/2004 09:04R D 0.00 Resolution No. ff~-2003 Page 3 Prior to issuance of the first building permit for development within each of the zones identified on the site plan, the Applicant shall submit a landscaping plan for that zone for review and approval by the Community DevelopmeutDepartment. Each plan shall address screening of development as seen from the highway, and shall, where feasible, provide for screening at the earliest possible opportunity. Mature landscaping shall be provided to screen the camping area witbin Zone I. In addition, screening for any above ground fuel tanks shall be included in the landscaping plan. Prior to the issuance of any building permits, the Applicant shall: A. Obtain approval ora septic permit(s) from the Environmental Health Department, ifa State Site Application is not required. All sewage disposal systems must be designed by a registered professional engineer and shall be located within the approved building envelope, unless a specific location is approved by the Community Development and Environmental Health Departments. B. Obtain fireplace/woodstove permits from the Community Development Department, if necessary. C. Pay the applicable road impact fee. Prior to issuance of building permits for the intern and faculty/guest cabins, the Applicant shall submit deed restrictions to the Housing Office and County Attorney for review and recordation. The deed restrictions shall ensure that the cabins will be occupied only by staff, interns or Other guests of Sustainable Settings, and will not be rented to or occupied by anyone not associated with Sustainable Settings. These cabins are not to be utilized as tourist accommodations. Prior to issuance ora building permit for the Director's Residence, the Applicant shall submit a deed restriction to the Housing Office and County Attorney for review and recordation. The deed restriction shall ensure that the residence will be occupied by an employee of Sustainable Settings, who is a "qualified resident" as defined in the Housing Guidelines. Occupants shall be required to qnalify ~vith the Housing Office. 10. Within 90 days of the date of this approval, the Applicant shall submit a deed restriction for the historic ranch house to the Housing Office and County Attorney for review and recordation. The deed restriction shall ensure that the residence will be occupied by an employee at Sustainable Settings, who is a "qualified resident" as defined iu the Housing Guidelines. Occupants shall be required to qualify with the Honsing Office. 11. Prior to submission ora building permit for the commercial kitchen, the Applicant shall submit plans and specification of the kitchen to the Environmental Health Department for review and approval. 12. The Applicant shall obtain all required State and federal permits for food processing and the sale of agricultural products. 13. Structures shall be limited to the following total floor area and square footage limitations: A. Residential structures shall not exceed a total of 10,234 square feet of floor area. No one ' residential structure shall exceed 2,200 square feet of floor area. B. Agricultural structures shall not exceed a total of 25,172 square feet. C. Nou-agricultural structures shall not exceed a total of 13,497 square feet, with commercial/retail space limited to no more than 500 square feet. Page: 3 of 14 01/07/2004 09:041~ $ILVIA DRVIS PITKIN COUNTY CO R 0.00 D 0.00 Resolution No. ~_-2003 Page 4 D. No one agricultural or non-agricultural structure shall exceed 5,000 square feet, except one barn may contain up to 6 500 square feet. 14. Camping on-site shall be limited to a maximum of 1,880 person-days per year of camping, with no more than 35 people camping on-site at any one time. Camping shall occur only between March I5 and November 15. Camping is limited to participants in programs offered by Snstainable Settings, who shall not cmnp for more than 14 consecutive days. The area where camping occurs shall be limited to no more than ½ acre. Only one fire pit may be located within the designated camping area. Camping shall be limited to tents or the following types of recreational vehicles: tent trailers, travel trailers not to exceed 30 feet, track campers, and class B and C motor homes. Class A motor homes, wheel trailers and generators shall be prohibited. 15. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the cor.ners of the building and development envelopes and install construction fencing around the perimeter of the building envelopes. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. This requirement does not apply to agricultural uses not requiring a building permit. 16. All signs and Iigbting shall comply with applicable regulations in the Land Use Code. 17. The Applicant shall comply with the County's Weed Management Plan:. 18. With the exception of a~icultural uses not requiring a building permit, no development, including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, utility or driveway extension, shall occur outside of the approved building envelope. Wells and septic systems may be located outside of the building envelope in a location approved by the Commrmity Development and Environmental Health Departments. Agricultural uses shall not occur outside of the "A~icultural Area" or the "Building Area" designated in Exhibit C, except as permitted in the Conservation Easement. 19. All area.s disturbed by constrnctiou shall be revegetated with native shrubs and grasses or other appropriate vegetation such as agriculturaI plants to limit water consumption and additional runoff within one growing season of the project's completion. 20. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: · A. For a distance of 10-I 5' around all structures, maintain vegetation at a height of 6' or less with mowed gross, low growing perennials or hardscape. Woody vegetation shall not be planted within this perimeter. This requirement does not apply to the maintenance of historic landscapes around the historic buildings located on the property. B. All branches that extend over the ro0f eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. C. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 21. The Applicant shall comply with the following additional wildfire mitigation standards: Page: 4 of i4 E emOe O emee Resolution No.~_-2003 Page 5 A. Roots shall be constructed with a Class A roof covering or a Class A assembly as defined in the UBC 1997 Section 1504. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be noncombustible materials as defined in the Uniform Building Code (UBC) 1997 Section 1504 and installed on a Class A roof assembly. 2) AIl r°°f c°verings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. 5) All r°°f designs, c°verings, or equivalent assemblies shatl be specifically approved by the Fire Marshal prior to submittal of a building permit application. B. Vents shall be screened with corrosive resistant wire mesh with mesh ~A inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. AIl flmnmable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Ponds shall be accessible to Fire Department vehicles. G. Fences shall be kept clear of brush and debris. H. Wood fences shall not connect to the structure. I. Fuel tanks shall be installed underground with an approved container, unless the Carbondale and Rural Fire Protection District approves above-ground conta/ners, subject to the Uniform Fire Code regulations. J. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above-ground tank. Any wood enclosure around tbe tank shall be constructed with materials approved for 2 hour fire- resistive construction on the exterior side of the walls. K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. L. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. M. New utility lines shall be placed underground within the driveway/access. 22. The Applicm~t shall comply with the following to mitigate impacts on wildlife: A. Dogs, with the exception of trained working ranch dogs when at work, shall be prohibited. Working ranch dogs shall be kenneled when not at work. B. N° riparian or wetland vegetation shall be damaged or removed. Any wetlands or riparian vegetation removed, filled, or otherwise damaged without prior approval must be mitigated at a ratio of2:1 according to a professional mitigation plan submitted to and approved by the Connty. C. Silt fences shall be installed according to the County standard between any construction and any body of permanent or ephemeral water body during all phases of construction (See Pitkin County Asset Management Plan for silt fence standard). D. Any type of vineyard, orchard, or any other operation that would require deer or elk proof fences shall be prohibited outside of the Agricultural, Building or Orchard areas depicted on Exhibit C. E. The setback from the mean high water mark of Thompson Creek must be no less than 25 feet F. Fencing outside of the Building Area and the Agricultural area shall comply with the following: Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed 48 inches in height above gronnd level and 12 inches in width (top view), and shall have at least 18 493189 Page: 6 o¢ 14 01/07/2004 09:040 D 0.00 Resolution No./?[~2003 Page 6 inches between two of the rails. Wire fencing sliall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. G. Game/orchard fencing within the Building Area or Agricultural Area shall not exceed 120 inches in height, and shall comply with the DOW's specifications for deer and elk proof fencing. Wire fencing may consist of up to I5 strands. "Hog-wire" woven fence may be utilized. H. Fencing for rotational grazing paddocks with the Agricultural Area shall not exceed 60" in height. Wire fencing may consist of up to 9 strands. "Hog-wire" woven fence may be installed on the lower 36 iuches of the paddocks. I. A perimeter fence that is consistent with the fencing installed by CDOT along the bighway may be installed around the Building Area and the Agricultural Area. J. Barbed wire and electrified fencing may be utilized within the Building Area and the Agricultural Area, however, the top wire of any fence within these areas shall be smooth and not barbed. K. All non-conforming fencing on the property shall be brougbt into compliance within five years from the date of this approval and any wire fences not necessary for the retention or exclusion of livestock shall be removed to facilitate ~vildlife movement. L. Native vegetation shall be maintained outside the building envelope, except as relates to agricultural uses and restoration of native vegetation as approved in the Couservation Easement. M. [ustall and use approved bear-proof trash containers as required by the 2001 Wildlife Protection Ordinance. Verification of this condition is required before issuance of a certificate of occupancy for the first new structure on the property. N. Fruit-bearing trees and shrubs shall be allowed within the Building Area and the Agricultural Area. All such fruit-bearing plants must be effectively protected by the property owner from black bear and other wildlife damage. Native fruit-bearing trees and shrubs shall be allowed within the Open Area in order to enhance wildlife habitat and provide additional forage to a variety of wildlife species. O. Any areas disturbed outside the building envelope or Agricultural Area shall be revegetated ~vith native plants according to a revegetafion plan submitted by the applicant and approved by the County prior to issuance of a certificate of occupancy. This plan must contain tile following elements: 23. Tile Applicant shall submit an annual report to the Community Development Director at least 45 days prior to the anniversary of the BOCC's approval, which documents uses, activities and site developmeut that have occurred. The report shall include, but not be limited to the following: A. Facilities constructed, and an accounting of the floor area used and remaining. B. Actual traffic generation - overall and based on specific uses and activities. C. Number of school and other groups that have visited the property, and bow many people were in those groups. D. Number of seminars offered, their duration and number of participants. E. Nnmber of campers and the number of uights they camped on the property. F. Occupancy of the intel'n/faculty cabins. G. Amount of retail sales and percentages attributable to agricultural and nou_agricultural sales. H. Conformance with conditions of approval and the Master plan. If the Director determines that the use is uot in conformance with the conditions of the permit, the Director may recommend to the BOCC that it consider withdrawal of the permit, pursuant to a duly noticed public hearing. The BOCC shall have the power upon good cause being shown, to modify the permit to require certain corrective measures to be taken, or to impose new or additional conditions, Page: 6 o¢ 14 01/07/2004 09:04A Resolution No./~[~-2003 Page 7 standards or restrictions. Any violations of the terms and couditions of this approval may result revocation of the permit by the BOCC. 24. The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 25. Fa/lure to comply with these conditions of approval and tile adopted PUB master plan shall result iu revocation of the approvals and permits for Sustainable Settings' Thompson Creek Ranch. 26. Statutory vested rights for the approvals coutained herein are granted pursuaut to the Pitkin Couuty Land Use Code aud Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on December 17, 2010. NOTICE ~ OF PUBLIC HEARING PUBLISHED 1N THE ASPEN TIMES WEEKLY on the 20 day of September, 2003. APPROVED AND ADOPTED oil the 17th day of December, 2003. PUBLISHED AFTER ADOPTION FOR VESTE. D~^.REAL PROPERTY RIGHTS ill the Aspen Times Weekly oa the/~_~tay ofc~ta,R}(3~ Jemt~#e Jo~esj (~lerk tJ~ BOCC API~/ROVED AS TO CONTENT. C nd3~ Houben ~ ' Colnmunity Development Director P073-03 p -. ID #246.~27200016 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO k H~f~/fi~ld, Chairman APPROVED AS TO FORM: John Ely ~~ Page: 7 o¢ 14 01/07/2004 09:04fl $ILVI~ DflVI$ PITKIN GOUNTY GO ' .___ R 0.00 D 0.00 q EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY (Page 1 of 3) PITKIN COUNTY, COLORADO: Parcel 1: A tract of land situate in Section 27, Township 8 South, Range 88 West oft. he 6~ P.M. being more particularly described as follows: Beg/nning at a point whence me northwest comer of said Section 27 bears N 00°I 8'30" E a7.38 feet: thence S 89°59'45" E 1933.44 feet to the west right-of-way line of Colorado State Highway No. 133 as described m Book 191 at Page 506 of the records of the Clerk and Recorder of Pitldn County, Colorado: thence along said right"of-way line the following courses S 4~28'54'' W 1637.20 feet to the center of Thompson Creek; thence N 81 °41 '59" W 172.59 feet along the center of said ~eek: thence S 82°52'I 7" W 108.32 feet along the center of said creek to the west line of Lot 4 of said Secuon 27: thence N 0° :2' 3 24 E 836.60 feet along said west tine; thence N 89°55'48" W 1539.34 feet along the south line of Lot 4 to the west line of Section 27: thence N 0c 18'30" E 782.43 feet along said wet line to the point of beginning. Parcel 2: A tract of land situate in Sections 22 and 27, Township 8 South, Range 88 West of the 6"~ P.M. being more particularly described as follows: Beginning at a point whence the southwest comer 0f said Sectton 22 bears 00010'03TM W 750.03 Feet: thence S 89°59'51" E 1993.51 feet to the wes: right-.of-way line of Colorado State Highway No. 133 as described in Book 191 at Page 506 of the records of the Clerk and Recorder of Pitkin County, Colorado; thence along said right-of-way line the followtng course S 4°28'54" W 800.08 feet; thence N 89o59'45" W 1933.44 feet to the west line of said Section 27: thence N 0°18'30" E 47.38 feet to the northwest comer of said Section 27: thence N D°10'03'' E 750.03 feet along said west line of said Sectzon 22 to the point of bcgmmng. Parcel 3: A tract of land situate in Section 22. Township 8 South, Range 88 West of the 6~ P.M. being more particularly described as follows: Beginning at a point whence the southwest comer of said Section 22 bears 00o10'03'' W I521.35 feet; thence S 89°59'51TM E 2051.72 feet to the west right-of-way line of Colorado State Highway No, 133 as described in Book 191 ar Page 506 of the records of the Clerk and Recorder of Pitkm County, Colorado: thence along said fight-of-way line the following course S 4o28'54" W 773.69 feet: thence S 89°59'5 I" W 1993 51 feet to the west line of said Sectton 22; thence N 0~10'03" E 771.32 feet along smd' west hne' to the point of begirmmg. c:\wOrdata~tc P, Ul'ych\Sustainab~cSe n~ We~tCE 6 3113103 SlLVla DAVIS PITKI~ COUNTY CO R 0.00 493189 Page: 8 o¢ 14 01/07/2004 09:04~__ D 0.00 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY (Page 2 of 3) Parcel 4: A trace of land situate in Section 22, Township 8 South, Range 88 West of the 6"' P.M. being more particularly described ms follows: Beginning at a point whence the southwest comer of said Section 22 bears 00° 10'03" W 2278.55 feet: thence S g9°59'20'' E 2108.81 feet Io the west right-of-way line of Colorado State Highway No. 133 as described in Book 191 at Page 506 of the records of the Clerk and Recorder of Pitkin County, Colorado: thence along said right-of-way line the following course S 4028'54" W 759.0I feet: thence S 89°59'51' w 205 t .72 feet to the west line of said Section 22: thence N 0°I0'03" E 757.20 feet along said west line to the point ofbegmnmg. Parcel 5: A tract of land situate in Section 22, Township 8 South. Range 88 West of the 6a' P.M. being more particularly described as follows: Beginning at a point whence the southwest comer of said Section 22 bears 20o3.3'58'' W 3880.91 feet; thence S 89°40'15" E 925.03 feet to the west right-of-way line of Colorado State Highway No. 133 as described in Book 191 at Page 506 of the records of the Clerk and Recorder of Pitkin County, Colorado; thence along said right-of-way line the following courses: 185.23 feet along the arc ora curve co the leR, having a radius of 3870.00 feet. a central angle of 2°44'32", and subtending a chord bearing S 10°50'05" W 185.21 feet; thence S 14020'54" W I01.90 feet; thence 235.84 feet along the arc ora curve to the left, having a radius of 3880.00 feet: a central angle of 3°28'57'', and subtending a chord bearing S 6°13'24" W 235.80 feet; thence S 4028'54" W 845.54 feet; thence leaving said right-of-way line on a course bearing N 89059'20" W 2108.81 feet to the west line of said Section 22; thence N 0°10'03'' E 362.63 feet along said west line to the west 1/4 comer of said Section 22; thence S 89°19'05 E 1326.75 feet to the southwest comer of the El/2 of the NW1/a of said Section 22; thence N 0°26'20" E 1016.09 feet along the west line of said El/2 of the NWl/4 to the point ofbegirming. 19 - q EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY (Page 3 of 3) Parcel 6: A tract of land situate in Section 22, Township 8 South, Range 88 West of the 6'" P.M. being more particularly described as follows: Beginning at a point whence the southwest comer of said Section 22 bears 14058'57" W 5233.80 feet: thence S 89038'33" E 1338. I2 feet: thence S 0°42'31" W 62.38 feet to the west fight-of-way line of Colorado State Highway No. 133 as described in Book 191 at Page 506 of the records of the Clerk and Recorder of Pitkin County, Colorado: thence along said right-of-way line the following courses: S 18°52 54" w 791.44 feet: thence S 13° 10'24" W 100.50 feet: thence S 18o52'54" W 72.10 feet; thence 450.99 feet along the arc ora curve to the left having a radius of 3870.00 feet. a central angle of 6°40'37'', and subtending a chord bearing S 15°32'40" W 450.73 feet: thence leaving said right-of-way line on a course beanng N 89°40'15" W 925.03 feet to the west line of the El/2 of the NWl/4 of said Section 22: thence N 0°26'20" E 1414.62 feet along said west line to the point of beginning. Parcel 7: A tract of land situate in Sections 15 and 22, Township 8 South, Range 88 West of the 6~" P.M. being more particularly described as follows: Beginnmg at thc north 1/4 comer of said Section 22 whence the southwest comer of said Section 22 bears S 27°08'5 I" W 5903.62 feet: thence S 0°42'31" W 205,61 feet along thc N-S centerline of said Section 22: thence N 89°38'33" W 1338.12 feet to the to the west line of the EI/2 of the NWl/4 of Section 22: thence N 0o26'20" E 211.76 feet to the northwest comer of said El/2 of the NWl/4; thence N I°09'37" E 477.51 feet along the west line of Lot 14 of Section 15; thence S 88°50'23' E 265.66 feet; thence S 89022'39" E 1268.84 feet along the north line of said Lot 14: thence S 0°00'00'' E 129.59 feet along the east line of said Lot 14; thence S 18° 09'20" W 362.23 feet along the westeriy right-of-way line of Colorado State Highway No. 133: thence N 89022, 14" W 92.08 feet along thc north line of said Section 22 to the point ofbeg~nmng. ~::\wordata tcfiUl'ych\SustalnableSettm~\WesKTE 6 20 493189 01/07/2004 OB :04g D 0.00 EXHIBIT B 4. 5. 6. 7. 8. 9. Director's residence 10. Facility laundry 11. Facility offices 12. Farm buildings 13. Farm Manager's residence I4 I5. SUSTAINABLE SETTINGS - THOMPSON CREEK RANCH USE LIST AND DIMENSIONAL REQUIREMENTS Allowed Uses. The follow~n~ uses are allowed by right: Agricultural stands for sale of products generated on the property Animal production and husbandry services, other farm and agricultural uses (not including commercial feed lots~ Artist studio Barns Camping in Zone 1 Commercial grade farm kitchen Coops Crop production Intern/Faculty/Guest Cabins, no to exceed a total of six . Meetings and events with up to 50 people - for educational and fund-rinsing purposes for Sustainable Settings I6. Playgrounds, not to include permanent, large scale facilities such as baseball diamonds, goal po~ts, or dugouts, but permitting small structures such as a volleyball court, jungle gym and sw~ng set. 17. Research facilities 18. Retail sales ofT-shirts and literature associated with the activities of Sustainable Settings, pottery and other crafts made on-site, and agricultural products from other properties I9. Sheds 20. Ranch shops, including mechanical, wood shop, metal fabricating, farm/ranch repair 21. Solar energy collectors [private use~ 22. Solar greenhouses and temporary hoop greenhouses 23. Sustainable Learning Study Center 24. Trails 25. Wind generator in Zone 4 Further Review Uses. The following uses are st~bject to further rewew: I. Camping in Zones 4. 5 or 7 2. Commercial firewood splitting, storage and sales 3 Eco-cemetery 4 Guest cabins exceeding six m number 5. Outdoor recreational uses not listed above 6. Residential uses other than those listed in the allowed uses 7. Retail sales other than those listed in the allowed uses 8. Special events with more than 50 people - subject to approval of a Special Event/Temporary Use Penmt 493189 Page: 1! of t4 01/07/2004 09:04R D 0.00 C. Standards and Requirements for Further Review Uses. Further review uses are those uses that require approval by Pitkin County at such time as Sustainable Settings proposes to include such uses on the property. In order to obtain such approval, the following requirements must be satisfied. Sustainable Settings must request approval of further review uses by letter request to the B°ard °f C°unty Commissioners through the Community Development Department. The request shall include sufficient information, as determined by the Community Development Department or the BOCC, to satisfy the standards contained herein. Sustainable Settings shall identify the location, size, design and operating characteristics of the proposed use. 4. The proposed use shall be demonstrated to serve the purposes of the project as identified in the approved Public Master Plan. Tbe proposed use shall be demonstrated to minimize adverse effects on the surrounding area, including visual impacts, traffic safety, noise and any other health, safety and welfare impacts. 6. The proposed use shall include adequate facilities to serve the proposal, inclding but not limited to roads, water, sewer, solid waste, fire protection and drainage. 7. The BOCC may in its sole discretion delegate the review and approval of any further review use to the Director of the Community Development Department. 8. An application for further review shall be subject to the procedural requirements of Section 4- 50-020 of the Pitkin County Land Use Code. D. Prohibited Uses. The following uses are prohibited: 1. Airport 2. Alpine ski area 3. Amusement and entertainment establishments 4. Churches 5. Commercial camping areas (for other than participants in Sustainable Settings programs) 6. Commercial kennels and veterinary clinics 7. Commercial logging 8. Commercial parking lot 9. Commercial riding stables 10. Community health facilities 11. Day care center 12. Equipment supplies and contractor or subcontractor 13. Financial institutions 14. Golf course 15. Guest ranch 16. Hospital 17. Junk Yard 18. Medical/Dental clinic 19. Mineral exploration and mining 493189 Page: 12 of 14 01/07/2004 09:04A D 0.00 /¢ 20. Mobile homes 21. Motels, hotels, lodges 22. Nordic ski area 23. Nursing, convalescent, rest and retirement homes 24. Offices, other than for Sustainable Settings 25. Personal service outlets 26. Professional offices 27. Radio transmitting station 28. Resort cabins 29. Uses not listed E. Dimensional Requirements. The following dimensional requirements shall apply to all permitted and special review uses: I. Minimum front yard setback: thirty feet (30') 2. Minimum side yard setback: ten feet (10') 3. Minimum rear yard setback: ten feet (10') 4. Maximum height principal structures: twenty-eight feet (28). The following structures may utilize principal height: he Director s res dence, office/administration building, pole barn/hay storage and a permanent greenhouse. 5. Maximum height main barn: thirty-six feet (36') 6. Maximum height accessory structures: twenty feet (20') 7. Maximum height wind generator: one hundred ten feet (1 I0') 8. Maximum floor area/square footage: a. Residential structures: not to exceed 10,234 square feet of floor area. No one residential structure shall exceed 2,200 square feet of floor area. b. Agricultural structures: not to exceed 25,172 square feet* c. Non-agricultural structures: not to exceed 13,497 square feet*. Commercial/retail space shall be limited to no more than 500 square feet. * No one agricultural or non-agricultural structure shall exceed 5,000 square feet, except one barn may contain up to 6,500 square feet. Page: 13 of 14 01/07/2004 09: 041:1 BILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 ,E DAVIS PITKIr~ COUNTY CO R 0.00 493189 Page: ~4 of~ 14 01/07/2004 09: 041~ D 0.00 /¢