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HomeMy WebLinkAboutPitkin.EH.273503402001 () (9)RECEPTION#: 629344, 05/13/2016 at 12:15:45 PM, 1 OF 5, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PnIGN COUNTY, COLORADO, APPROVING THE BEDELL ACTIVITY ENVELOPE AND SITE PLAN REVIEW, AND MINOR AMENDMENT TO THE PUD GUIDE Administrative Decision No.,2d-2016 RECITALS 1) Linda Bedell (hereafter "Applicant") has applied to the Community Development Director of Pitkin County (hereafter "Director") for Site Plan Review approval to develop a single family residence and caretaker dwelling unit. The Applicant is also requesting to establish a new Activity Envelope to accommodate a driveway directly off of West Buttermilk Road and the caretaker dwelling unit; the main house and garage will be within the previously approved Principal Building Envelope. The Applicant is also requesting to amend the PUD Guide to vary the front yard setback from 100' to 50'. 2) The property is located on West Buttermilk Road, and is more specifically described as Lot 1, Buttermilk Meadows Subdivision/PUD. 3) The lot is zoned AR-10 and contains 13.337 acres. 4) The Board of County Commissioners (BOCC) approved the Buttermilk Meadows Subdivision/PUD, pursuant to Resolution Nos. 153-1998 and 232-2000; the Final Plat was recorded in Plat Book 75 at Page 99. The Subdivision/PUD Guide was recorded as Reception #516027. Lot 1 is approved for development of up to 7,500 square feet of floor area, with the use of two TDRs (one for 5,000 square feet and the second for 2,500 square feet). 5) The Director finds that the request complies with the applicable provisions of the Land Use Code (Code), as follows: A) The proposed Activity Envelope is located on slopes of less than 30%. The approved building envelope for Lot 1 depicted on the Final Plat contains slopes in excess of 30 percent. Development is permitted to occur on these slopes, pursuant to Sec. 7-20-20(c)(3) of the Code as they are the result of the construction of Buttermilk Lane. B) The Subdivision/PUD approval anticipated access to the lot from Buttermilk Lane. However, access from Buttermilk Lane would require substantial grading. To lessen disturbance to the site and reduce the grade of the driveway, the Applicant has proposed a driveway directly off of West Buttermilk Road. While the driveway would come off of a curve in the road, the Applicant's engineer has demonstrated that the sight distances (220 LF uphill and 430 LF downhill) are adequate and exceed the required sight distances. The proposed location is acceptable to the West Buttermilk Metro District. C) The proposed residence is within the previously approved Principal Building Envelope. D) The Principal Building Envelope shown on the plat maintains a 100' setback from West Buttermilk Road, which is consistent with the required front yard setback in the AR-10 zone district. As the lot is within a PUD, the setback can be varied through a PUD Amendment, rather than a variance from the Board of Adjustment. The proposed reduction of the setback to 50' complies with the criteria in Sec. 3-70-(h)(1)(c) of the Code: it will be consistent with the scale of surrounding development; will not reduce sunlight or increase shadowing; does not impact water quality or wildlife habitat in rivers and streams; and the common open space in the subdivision will not be affected. Administrative Decision Nq-2016 Page 2 E) A caretaker dwelling unit was approved on the lot with the Subdivision/PUD. The caretaker dwelling unit will be in the proposed Activity Envelope and will comply with the amended 50' front yard setback. F) The residence and caretaker dwelling unit will have limited visibility from Highway 82 due to the distance from the highway and the existing and proposed vegetation. The Applicant erected height poles to demonstrate that the buildings would not break a ridgeline as seen from Highway 82 or Owl Creek Road. G) Water is provided by the West Buttermilk Metro District. H) The on -site wastewater treatment system (OWTS) can be accommodated within the Building Envelope, The OWTS is not within the approved "Underground Facilities Envelope," but the proposed location within the Building Envelope is preferable as it is downhill from the house and caretaker dwelling unit. APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: l . The Applicant shall adhere to all material representations made in the application and shal I consider those representations to be conditions of approval, unless amended by other conditions. 2. The conditions of BOCC Resolution Nos. 153-1998 and 232-2000 shall remain in full force and effect, except as amended herein. 3. Prior to submission of any building permit applications for the residence or the caretaker dwelling unit, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan 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 finalization and recordation of them. The Site PIan shall be amended as follows: A. Include the approved 50' front yard setback. 4. With the building permit applications for the residence and caretaker dwelling unit, the Applicant shall: A. Provide a will serve Ietter from the West Buttermilk Metro District regarding water service. B. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist for review and approval by the Planning Engineer. If the project disturbs more than one acre, a State Stormwater Permit shall be obtained prior to permit issuance. All historic and natural drainage patterns shall be maintained. C. Submit a construction management plan for review and approval by the Planning Engineer. D. Submit a detailed landscape plan and revegetation plan for disturbed areas with appropriate seed mixes. E. Submit an exterior lighting plan. F. Submit a fireplace/woodstove registration form with the Community Development Department, if necessary. 5. Prior to issuance of a building permit for the residence, the Applicant shall: A. Obtain an On -Site Wastewater Treatment System ("OWTS") Construction Permit application from Environmental Health. B. Pay the applicable road and employee housing impact fees. C. Obtain a County access/driveway, which shall be approved by the Planning Engineer and the Aspen Fire Department. Administrative Decision Nat-2016 Page 3 D. Obtain a fireplace/woodstove permit from the Community Development Department, if necessary. 6. The Applicant shall comply with all standards for development within Scenic View Protection Areas as represented in the application and approved in this Decision. The building heights shall be substantially consistent with the drawings attached as Exhibit A. The exterior of the residence shall utilize indigenous earth tone materials or colors and the roofs shall have a non -reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflectivity, with the exception of materials associated with solar or photovoltaic equipment. Driveway lighting is prohibited and all other lighting shall comply with the lighting code. 7. 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 prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: A. All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. B. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. C. Protrusions above the roofline, such as parapets, shall be prohibited. D. Roofs shall be installed as required by the approved building code and shall have a minimum slope of 1:48. E. All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. 8. Prior to issuance of a building permit for the caretaker dwelling unit, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. 9. The caretaker dwelling unit shall be limited to 1,000 net livable square feet. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. Two off- street parking spaces shall be provided for the unit. The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared utilities. 10. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office may inspect the unit. 11. The floor area of the caretaker dwelling unit shall be included in the total allowed floor area for the lot. 12. 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. 13. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. Administrative Decision No-a_-2016 Page 4 14. Statutory vested rights for the 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 c. , 2019. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TMIES WEEKLY on the 100 day of March, 2016. APPROVED by the Director, this _%,__ day of .2016. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the( day of, 2016. —;�'k 6A 04 - �" &,Is, G Cin y Houben, Community Development Director PM#273503402001 P005-16 8057/. CDU 8057. CDU ROOF EDGE ELEVATIONS MAIN HOUSE B 1 8054.0' B2 8054.0' B3 8056.1' 134 8056.1' B5 8056.1' B6 8065.0' B7 8063.7' B8 8054.0' 139 8054.0' 610 8054.0' B11 8065.6' B12 8066.9' a57.0 DU3 8044 057.0 DU4 I 8042 I_ t t 8038 8040 Outline of Building Below Outline of Lower Root Outline of Upper Roof 8044 8046 CDU ROOF ELEVATIONS MAIN HOUSE ROOF ELEVATIONS Exhibit A BUTTERMILK MEADOWS SUBDIVISION PLANNED UNIT DEVELOPMENT GUIDE THIS BUTTERMILK MEADOWS SUBDIVISION PLANNED UNJT DEVEL PMENT GUIDE (hereinafter the "PUD Development Guide") is made this 5 cat,, day of O f 2005, by BUTTERMILK MEADOWS, LLC., a Colorado limited liability company and CAHN & COMPANY, LLC., a Colorado limited liability company and their successors and assigns (also referred to herein collectively as the "Declarant"). RECITALS: WHEREAS, the Declarant is the successor in ownership of all of the real property (the "Property") in Pitkin County, Colorado, which was the subject of the Buttermilk Meadows Subdivision/PUD Conceptual Submission submitted by Tieback Land Partners, Ltd., a Colorado Limited Partnership (hereinafter "Tieback") and which was approved by the Board of County Commissioners of Pitkin County (hereinafter the 'Board of County Commissioners" or "County") pursuant to BOCC Resolution No. 153, Series of 1998; and WHEREAS, Tiehack subsequently submitted the Buttermilk Meadows Subdivision/PUD Detailed Submission and Final Plat Application to the Pitkin County Community Development Department on February 16, 2000, (hereinafter, the "Application"); and WHEREAS, on November 15, 2000, the Board of County Commissioners granted approval to the Application pursuant to the Applicable Code as evidenced by Resolution No. 232, Series of 2000 apd, as a result, the Buttermilk Meadows Final Plat (the "Final Plat") was recorded on 2005, in Plat Book775-at Page Z of the records of the Pitkin County Clerk and Recorder (the "Records"); and WHEREAS, the purposes of this PUD Development Guide are to: A. Clearly identify area and bulk requirements approved for the Buttermilk Meadows PUD/Subdivision; B. Clearly identify in one document representations and commitments made by Declarant and the County; C. Clearly state in one document the standards, restrictions and regulations which govern land use development within the Buttermilk Meadows PUD/Subdivision; D. Facilitate the reviews by the Zoning and Building Department by establishing review standards; E. Identify standards enforceable by the County in one document separate from the Protective Covenants for the Buttermilk Meadows PUD/Subdivision, as recorded on 2005, at Reception No. S 6OZ)G� of the Records, which are not 10111111111111111111111111111111111111 0I of605 02:44F enforceable by the County and which may be more restrictive than those contained in this PUD Development Guide; and NOW, THEREFORE, Declarant hereby submits the Property to this PUD Development Guide, and declares that the Property shall at all times be owned, used, or occupied subject to the provisions of this PUD Development Guide, which provisions shall constitute covenants running with the land, and shall be binding upon and inure to the benefit of the County and the Declarant, and any person or legal entity acquiring any interest in the Property. Buttermilk Meadows Subdivision is a Planned Unit Development. As per Section 3-170.020 of the Pitkin County Land Use Code, dimensional standards of the Code may be varied within a Planned Unit Development. The dimensional standards established in this PUD Guide shall supersede any amendments to the Pitkin County Land Use Code. ARTICLE I. LOTS The Buttermilk Meadows PUD/Subdivision (hereinafter, the "Subdivision") includes two (2) residential Lots and three (3) Common Area Parcels located on a total of 26.4 acres of land: A. Lot One: 13.3 acres; and B. Lot Two: 8.6 acres; and C. Common Area Parcel 1: 2.0 acres; and D. Common Area Parcel 2: 1.1 acres; and E. Common Area Parcel 3: 1.4 acres. ARTICLE H. BUILDING ENVELOPES All development within the Subdivision, including grading, landscaping or vegetation removal or disturbance, shall be contained within the principal building envelopes (the "Principal Building Envelopes") designated on the Final Plat, with the exception of the driveways, underground utilities, grading necessary for the driveways and underground utilities and driveway retaining walls, which shall be located within easements as designated on the Final Plat (the "Access and Utility Easements and Envelopes") and the underground facilities envelopes as designated on the Final Plat (the "Underground Facilities Envelopes"), or as may be necessary to implement the wildfire mitigation measures required under Article XVI in this document, provided that this limitation shall not apply to existing easements benefitting other parties, if any. Any berms and other landscaping proposed outside of the approved Principal Building Envelopes in the Subdivision shall be shown on the landscaping plan to be approved by the County at the time of Scenic Overlay review for each of the Lots in the Subdivision. The following development activities are permitted on each Lot in the locations described below in this Article II: 516027 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII00//10/20 0002.44f 91.00 A. Principal Building Envelopes: Construction of a single-family residence, a Caretaker Dwelling Unit and customary accessory structures and uses is permitted on each of the two (2) Lots. Said structures and uses are to be located within the Principal Building Envelope depicted on the Final Plat. B. Underground Facilities Envelopes: Construction of underground utilities and other underground facilities is permitted on each of the two (2) Lots. Said facilities and uses may be located within the Principal Building Envelope, Utility Easements and the Underground Facilities Envelopes depicted on the Final Plat. No development shall occur outside of the approved Principal Building Envelopes, except as specified in this Article II. ARTICLE M. PERMITTED USES The following uses are permitted and have been approved by the County within the Subdivision: A. Within the Principal Building Envelopes: 1. Single-family dwellings; and 2. Caretaker dwelling units; and 3. Accessory buildings and uses; and 4. Home occupations; and 5. Access driveways and related improvements; and 6. Installation of underground utilities. B. Within the Underground Facilities Envelopes: 1. Installation of underground utilities; and 2. Installation of underground individual sewage disposal systems. C. Elsewhere within easements designated on the Final Plat: 1. Access driveways and related improvements; and 2. Installation of underground utilities; and 3. Private non -motorized paths within designated easements. ARTICLE IV. USES PERMITTED BY SPECIAL REVIEW The following uses within the Subdivision have been granted special review approval by the County: A. The use of two Transferrable Development Rights on Lot One. B. One caretaker dwelling unit on each of the two residential Lots. IIII IIIIIIIIII IIIIIII IIII IIII III IIIII IIII III 091/ 05 02:44F SILVIA DAVIS PITKIN COUNTY CO R 91.00 D 0.00 ARTICLE V. PROHIBITED USES Uses which are not specifically permitted in this PUD Development Guide are prohibited within the Subdivision without subsequent written approval of the County. ARTICLE VL FLOOR AREA LIMITATIONS A. Principal Residence, Lot One: The principal residence on Lot One is limited to a floor area of 7,500 square feet, as calculated according to the applicable provisions of the County Land -Use Code in effect at the time of building permit application. The owner of Lot I shall submit two irrevocable certificates of TDRs and a recorded deed evidencing the sale or transfer of the TDRs to the Community Development Department, prior to building permit application, in order to develop up to 7,500 square feet of floor area on Lot 1. Only one TDR is required to develop up to 5,000 square feet of floor area. B. Principal Residence, Lot Two: The principal residence on Lot Two is limited to a floor area of 10,000 square feet, as calculated according to the applicable provisions of the County Land -Use Code in effect at the time of building permit application. C. Caretaker Dwelling Unit: If a Caretaker Dwelling Unit is constructed on either Lot, the floor area of the Caretaker Dwelling Unit combined with the floor area of the principal residence may not exceed that permitted for the Principal Residence, as defined in this Article VII, Paragraphs A. and B, above. ARTICLE VII. HEIGHT LIMITATIONS A. Maximum Height, Principal Structure: All principal structures, including the principal residence on each Lot, constructed within the Subdivision are limited to a maximum height of 28 feet, as calculated according to the applicable provisions of the County Land -Use Code in effect at the time of building permit application. B. Maximum Height, Accessory Structure: All accessory buildings constructed within the Subdivision are limited to a maximum height of 20 feet, as calculated according to the applicable provisions of the County Land -Use Code in effect at the time of building permit application. IIIIII IIIII IIIIII IIIIII IIIII IIIII IIIII III IIIII IIII IIII00/ 0 00 Page:02.44� 0 4 prohibited on slopes in excess of thirty percent (30%), except as shown on the Final Plat. ARTICLE IX. MINIMUM LOT WIDTH The lot width as established on the Final Plat has been determined to be adequate to satisfy minimum lot width requirements. ARTICLE X. MINIMUM LOT SIZE The lot size as established on the Final Plat has been determined to be adequate to satisfy minimum lot size requirements. ARTICLE XL ARCHITECTURALREVIEW ARTICLE VEL DRIVEWAYS The Board of County Commissioners has approved the relocation of Buttermilk Lane as depicted on the Final Plat. Construction of driveways, installation of utilities, grading associated with driveways and utility installation, and driveway retaining walls for the sole purpose of driveway construction are permitted outside of the designated Principal Building Envelopes. Prior to submission of any building permits, the owner of each Lot shall obtain an access permit, which shall be approved by the County Engineer. If the driveway exceeds six feet above or below natural grade within the setbacks, variances must be approved by the Board of Adjustment prior to issuance of an access permit. Driveway construction and associated disturbance shall be prohibited on slopes in excess of thirty percent (30%), except as shown on the Final Plat. ARTICLE IX. MINIMUM LOT WIDTH The lot width as established on the Final Plat has been determined to be adequate to satisfy minimum lot width requirements. ARTICLE X MINIMUM LOT SIZE The lot size as established on the Final Plat has been determined to be adequate to satisfy minimum lot size requirements. ARTICLE XI. ARC REVIEW The Declarant shall establish an Architectural Review Committee for the Subdivision. The Architectural Review Committee shall utilize the design criteria contained herein to assist them in their review of all structures and other development activity proposed for development within the Property. Prior to filing an application for a building permit for any structure, each Lot owner shall first obtain approval from the Architectural Committee for the design of said structure. The drawings submitted with the building permit application to Pitkin County shall substantially conform to those approved by the Architectural Committee. ARTICLE XH. BUILDING DESIGN The Principal Building Envelopes for the two (2) Lots have been located so that the hillside behind the building envelopes can be used to visually screen and soften the development on the Lots. The design of all structures within the Subdivision shall be consistent with the design 5 I IIIIII IIIII IIIIII IIIIII IIIII IIIII IIIII III IIIII IIII IIII 0Page: 0 of 18 0 0002 : 441 0 criteria listed below. The intent of these design guidelines is to insure that development within the Property is not excessively visible or obtrusive from public roads within the County. A. The use of natural materials such as wood or stone shall be required. B. With the exception of glazing, non -reflective building materials shall be utilized for all structures. C. Glazing shall be recessed behind the line of the main facade where practical to reduce glare. D. Roofing may be inorganic shingles or metal, provided they are non -reflective. The roofing materials shall be a dark color. E. The use of roof overhangs of a minimum of three feet (3') is encouraged. ARTICLE XIM GEOLOGICAL AND GEOTECIINICAL DESIGN REQUIREMENTS All building foundations, retaining walls, and driveway structures shall be designed based upon the final recommendations of a geotechnical consulting finn prior to issuance of building permits. All buildings shall be designed to incorporate positive drainage away from building foundations. ARTICLE XIV. WILDFIRE MITIGATION The following landscaping and wildfire defensible space mitigation standards shall be implemented within the Subdivision: A. Brush, debris, and non -ornamental vegetation shall be removed within a minimum 10 foot perimeter around all structures. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around all structures. C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel. D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. E. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the edges of the crowns, except within mature stands of Aspen trees. 111111111111111111lllllllllli11111111111111111111111111 096m 05 018 2:44; 00 F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of all structures shall be reduced where natural reduction has not already occurred. H. All deadfall within the 100 foot perimeter shall be removed. I. Low vegetation shall be maintained within a 10 foot perimeter around all structures. J. The Declarant shall be responsible for the continued maintenance of the defensible space vegetation requirements. The following additional wildfire mitigation standards shall also be implemented within the Subdivision: A. Roofs shall be constructed with a Class A roof covering or a Class A assembly. 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 and installed on a Class A roof assembly. 2. All roof coverings 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 the applicable County building code in effect at the time of building permit application and shall have a minimum slope of 1:48. 5. All roof designs, coverings, or equivalent assemblies shall 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 1/4 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. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. 516027 0z11111�1111111111111111� �1/5044+41 SILVIR DAVIS PITKIN COUNTY CO R 91.00 D 0.00 F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. H. Swimming pools, if any, shall be accessible to Fire Department vehicles for use in emergency situations. I. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Any habitable outbuildings shall adhere to the same standards as principal structures. L. Fuel tanks shall be installed underground in an approved container. M. Propane tanks, if any, 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 the tank shall be constructed with materials approved for 2-hour fire -resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one 10 pound ABC fire extinguisher placed in a visible and accessible location. O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. P. New utility lines shall be buried within or along roadways or previously disturbed areas. ARTICLE XV. EXTERIOR LIGHTING Exterior lighting within the Subdivision shall comply with the County's lighting regulations in effect at the time of installation. ARTICLE XVL LANDSCAPING Each Lot owner shall submit a landscaping plan for review and approval as part of the Scenic Overlay review process prior to submission of any building permit applications. All landscaping shall comply with the o nrnvPA lanAcranina nlan 11111111111111111111111111111111111111111111111111111111 600 5 02:44i ARTICLE XVII. INDIVIDUAL SEWAGE DISPOSAL SYSTEMS Prior to issuance of any building permits, the owner of each Lot shall obtain a sewage disposal permit for each individual Lot from the Environmental Health Department. The systems shall be located within the Principal Building Envelopes or the Underground Facilities Envelopes and must comply with the setback requirements from surface and groundwater sources. ARTICLE XVHL FIREPLACES AND WOODSTOVES Prior to issuance of any building permit applications, the owner of each Lot shall obtain a fireplace/woodstove permit for any proposed fireplaces or woodstoves from the Community Development Department. ARTICLE XDL. SCENIC OVERLAY REVIEW Prior to submission of any building permits, the owner of each Lot shall submit an application and gain approval for a Scenic Overlay Review, pursuant to Section 3-60.40 of the Land Use Code, once plans for the proposed residences have been prepared. ARTICLE XX. CARETAKER DWELLING UNITS Prior to issuance of a building permit for any caretaker unit, the owner of each Lot shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Floor plans of the unit shall be provided to the Housing Office when the deed restriction is submitted. The caretaker dwelling unit shall be limited to 1,000 net livable square feet, and the kitchen shall contain a minimum of a two -burner stove with oven, standard sink, and a 6 cubic foot refrigerator plus freezer. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit on either Lot, Housing and Community Development staff may inspect the caretaker dwelling unit. ARTICLE XXL FIRE PROTECTION The Declarant shall comply with the codes and standards of the Aspen Fire Protection District in effect at the time of building permit issuance. SILVIA DAVIS PITKIN COUNTY CO IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0910 20of 18 05 02 44F R 91.00 D 0.00 01 ARTICLE XXII. WILDLIFE MITIGATION To mitigate wildlife impacts: A. Dogs shall be kenneled. When not kenneled, all dogs shall be leashed. No dogs, other than the owners' dogs, shall be allowed on -site during construction. B. Maintain native vegetation outside of the Principal Building Envelope, except for the driveway extension. C. Mesh or woven wire fences are prohibited. Wire fencing shall employ a three strand barbed or smooth wire fence with a forty-two inch (42") maximum height above ground level and at least twelve inches (12") between the top two strands. Wood rail fencing shall employ three rails or less, be the round or split rail type, shall not exceed forty-eight inches (48") in height above ground level and twelve inches (12") in width (top view), and shall have at least eighteen inches (18") between two (2) of the rails. D. All trash/garbage shall be contained in approved bear proof garbage containers. ARTICLE XXIH. DEVELOPMENT ON SLOPES GREATER THAN 15 PERCENT The Declarant shall comply with the following standards for development on slopes greater than 15 percent: A. Adequate mechanical support shall be provided for cut slopes. B. Adding water which may decrease slope stability shall be avoided. C. Adding weight to the top of the slope shall be avoided. D. Disturbed slopes shall be contoured so that they can be revegetated. E. Steepening of existing slopes shall be avoided. F. Cuts, fills, grading and excavation shall be confined to the minimum area needed for construction. ARTICLE XXIV. EXCEPTIONS TO SPECIAL REVIEW PROVISIONS The Declarant is not required to submit annual reports attesting to conformance with the conditions of this approval, nor is the proposed use required to commence within 12 months of the date of this approval, as would otherwise be required under the Special Review provisions of the Applicable Code. III IN III 111100 Pa0; 60e 00 2:44FOF ARTICLE XXV. CONTRIBUTIONS FOR ROAD MAINTENANCE AND IMPROVEMENTS The Declarant agrees to contribute to the Buttermilk Metropolitan District for maintenance of the private roads. The Declarant also agrees to join any road improvement district for West Buttermilk Road in the event one is formed. ARTICLE XXVI. RESIDENTIAL STRUCTURES OVER 5,000 SQ. FT. For any free market residential structure of 5,000 gross square feet or greater, the Declarant shall comply with the Pitkin County Asset Management Plan, which requires the Declarant to provide construction trip and residential trip generation studies. The Declarant shall comply with this provision as it is in effect at the time of building permit issuance to the satisfaction of the County Engineer. ARTICLE XXVII. WATER SYSTEM In accordance with County approval of the Subdivision as documented in BOCC Resolution No. 232, Series of 2000, the Buttermilk Metropolitan District has installed a centralized water system which includes a service main adjacent to both lots in the Subdivision. Therefore, each lot owner shall connect to said centralized water system and forego the installation of a well to provide water service to each lot. ARTICLE XXVIII. COUNTY ROAD IMPROVEMENTS Each lot owner shall pay a road impact fee to mitigate for traffic generation on County Roads according to the duly adopted County fee schedule, if any, in effect at the time of building permit application. The required fee shall be paid in full at the time of building permit application for each lot in the Subdivision. ARTICLE XXIX. CONTRIBUTION TO ASPEN SCHOOL DISTRICT Each lot owner shall contribute towards the capital improvement program of the Aspen School District according to the duly adopted County fee schedule, if any, in effect at the time of building permit application. The contribution shall be paid in full prior to the issuance of a building permit for each lot in the Subdivision. IIIIIII IIIII IIIIII IIIIII IIIII IIIIIIIIII III IIIIII III 1111Pa 096011 of 0.00 28440 I ARTICLE XXx. PARK DEDICATION FEE Each lot owner shall pay a park dedication fee according to the duly adopted County fee schedule, if any, in effect at the time of building permit application. The required fee shall be paid in full prior to the issuance of a building permit for each lot in the Subdivision. ARTICLE XXXI. REVEGETATION The Owner and any successor lot owners shall revegetate areas disturbed by construction within one (1) growing season. The revegetation techniques, plant materials, and performance standards are set forth in Exhibit "A" attached hereto and made a part hereof. Such standards specify, among other things, that they are applicable to all disturbance outside of the Building Envelopes, and not solely disturbance related to the access road. ARTICLE XXXH. AFFORDABLE HOUSING IMPACT FEE Each lot owner shall pay a affordable housing impact fee according to the duly adopted County fee schedule, if any, in effect at the time of building permit application. The required fee shall be paid in full prior to the issuance of a building permit for each lot in the Subdivision. ARTICLE XXXIII. FUTURE DEVELOPMENT Future development of the Subdivision, except as permitted herein, is prohibited without the approval of the County. ARTICLE XXXTV. ENFORCEMENT Each provision of this PUD Development Guide shall be specifically enforceable by the Declarant, its successors and assigns, and the County by a proceeding for any legal or equitable relief, including a prohibitive or mandatory injunction or action to recover damages. In the event of any litigation between the parties involving the interpretation and/or enforcement of this PUD Development Guide, or any provision hereof, the prevailing party shall be entitled to an award of its costs and expenses (including reasonable costs and attorneys' fees) incurred therein as a part of the judgment or stipulated settlement entered in such litigation. ARTICLE XXXV. AMENDMENT The covenants, conditions, and restrictions contained herein may be amended, modified, or revoked by the agreement of the Declarant, its successors and assigns, and the County. No amendment or revocation shall be effective without the written consent of both the Declarant and the County. , 11111111111111111111111111111111111111111111111111110/0100/22005r02:4411 0 0.00 ARTICLE XXVI. SEVERABILITY Invalidity or unenforceability of any provision of this PUD Development Guide, in whole or in part, shall not affect the validity or enforceability of any other provision, or any valid and enforceable part of a provision of this PUD Development Guide. ARTICLE XXVII. NOTICE Any notice permitted or required under this PUD Development Guide shall be in writing, and delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered forty-eight (48) hours after a copy has been deposited in the United States mail, postage prepaid, certified mail, and addressed to the party at their last known address. IN WITNESS WHEREOF, the Declarant has executed this PUD Development Guide as of the day and date first above written. 111111111111111111111111111111111111111111111111111111 0 SILVIA DAVIS PITKIN COUNTY CO f1844, 1.00 D 0.00 I DECLARANT: BUTTERMILK MEADOWS, LLC, a Colorado limited li 'lity company By -- Harris A. Cahn, Managing Member CAHN & COMPANY, LLC, a Colorado limiVeniability company By Harris A. Cahn, Managing Member STATE OF �t" D ) ss. COUNTY OF )�,i.�C yl_ ) The foregoing instrument was acknowledged before me •d9'�'o c� 2005 by Hams A. Cahn, as Managing Member of BUTTERMIL A, JCS : L , a Colorado limited liability company. ; GOTTLIEB Witness my hand and official seal. My commission expires: 6 7j-61V STATE OFlL ) ss. COUNTY OF j�, Ii LJ.Ii%I Fal The foregoing instrument was acknowledged before me this aSday of 2005, by Harris A. Cahn, as Managing Member of CAHN & COMPANY, LLC, a Col ado limited liability company. Witness my hand and official seal. My commission expires: G /3 -O�j . SILVIA DAVIS PITKIN COUNTY CO III 0iie�0 sfez8aaf R 91.00 D 0.00 KATHRYN GOTTLIEB my(iwnile^ :;"'s009 14 ACCEPTED BY: PITKIN COUNTY, COLORADO Chairp&son' STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) e foreg ing i trument was acknowledged before me this ✓ day of f /� 2005, by i ¢L —Jdf&2as Chairperson of the BOARD OF COUNTY COMMISSIONERS of PITKIN C UNTY, COLORADO. Witness my hand and official seal. My commission expires: IIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIII 0960 05 02:441 SILVIA DAVIS PITKIN COUNTY CO R 91.00 D 0.00 15 EXHIBIT "A" BUTTERMILK MEADOWS PUD/SUBDIVISION RE -VEGETATION GUIDELINES AND RECOMMENDATIONS Re -vegetation shall include all areas of disturbance caused by new construction and by the removal of roads, driveways, and utilities. 1) All re -vegetation will be done with native or naturalized plant materials. 2) All re -vegetation will be done with respect to the form of existing vegetation, both in terms of numbers and shape. This will help the new vegetation blend into the existing landscapes visually and functionally. 3) A limit of re -vegetation line shall be determined in the field. I. Suggested R ve etation Plant Material IA. Groundcovers Groundcovers shall consist of a native grass seed mix. W. Part 1Materials 1.1 Native Seed Mix 1.1.1 This native seed should be custom mixed in the following proportions: a) Creeping Red Fescue 4lbs./acre b) Hard Fescue 4 lbs./acre c) Mantar Sweet Brom 4 lbs./acre d) Western Wheatgrass 4 lbs./acre e) Canby Bluegrass 2 lbs./acre f) White Dutch Clover 1 lb./acre 1.1.2 All seed shall be furnished in bags or containers clearly labeled to show the name and address of the supplier, the seed name, the lot number, net weight, percent of weed seed content and germination rates. 1.1.3 Seed and seed labels shall conform to all current State and Federal regulations and will be subject to the testing provisions of the Association of Official Seed Analysis. 1.1.4 All brands furnished shall be free from such noxious seeds as Canadian or Russian Thistle, Coarse Fescue, Johnson Grass, Leafy Spurge and European Bindweed. 1.1.5 Guaranteed purity shall beat least 90% and germination 85%. 515027 Page: 15 of IS 1111111111111111111111111111111111111111111111111111111 SILVIA DAVIS PITKIN COUNTY CO R 91.00 0/10%200.0002:44^ 1.2 Seed Mulch 1.2.1 Hydro -mulch areas will use 2000 lbs. virgin wood fiber per acre (ex: silva fiber or spray mulch) with an organic tackifier (ex: terra tack or M-Binder at 2000lbs. per acre. 1.3 Fertilizer 1.3.1 Nitrogen fertilizer to be provided at a rate of 20 units per ton of mulch. 1.3.2 18-46-0 fertilizer to be provided at a rate of 200 lbs./acre. 1.3.3 Owner shall be responsible for reapplying 18-46-0 fertilizer at a rate of 100lbs./acre every 1.5 years after seeding. This shall include 3 applications. W. Part 2 Installation 2.1 Topsoil Spreading and Preparation 2.1.1 Rough -grading of areas to be re -vegetated shall be approved in the field, by the landscape architect before seeding begins. 2.1.2 Remove all deleterious materials which may remain from rough - grading operations, including all rocks, cobbles, and other debris over 3" in any dimension. 2.1.3 Thoroughly scarify the subsoil. 2.1.4 Spread stockpiled topsoil to a depth of 4" over all areas not covered by paving or construction as determined in field by landscape architect. 2.1.5 Adequate drainage shall be provided along roadsides to prevent erosion of seeded areas. 2.2 Seeding of Native Grass Areas 2.2.1 Seeding Time: Seeding shall take place in the fall. This will allow for the spring run- off to irrigate the seeding areas. The time frame for hydro -seeding shall be from the last week in September to the third week in October. 2.2.2 Soil Preparation: See Topsoil Spreading and Preparation, Section 2.1. 2.2.3 Grass Seed Application: The seed shall be applied by a hydroseed truck on a day when there is no breeze, at the rate of 19 lbs./acre. 516027 Page: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII00/10/ 0000 28404{ 1.00 2.2.4 The seeded surface will be covered with mulch by an approved hydraulic -type mulcher. Hydro -mulch areas, as determined in field by landscape architect, will use 2000 lbs. virgin fibers per acre with an organic tackifier, at the rate of 100 lbs. per acre. 2.2.5 Seed and hydro -mulch shall be mixed and applied at the rates recommended by the seed and hydro -mulch suppliers. If seed and hydro -mulch suppliers recommend, the fertilizer (as specified earlier) shall be mixed and applied with the seed mulch. 2.2.6 Erosion control mats will be located on slopes of 2:1 or greater. The location of all erosion control mats will be approved in the field by the landscape architect. 2.2.7 Inspection and Acceptance: On or around June 1 st, the Owner (or the Owner's representative if so directed) shall inspect the site to determine the rate of germination. 2.2.8 Seeded areas failing to show an adequate germination of grass (11 - 15 seedlings/ square inch over 95% of the area) shall be re - raked, re -seeded and re -mulched immediately and as often as necessary to insure an adequate stand of grass. 2.2.9 Clean-up: Any soil, peat, mulch, or other similar material which has been brought onto the paved areas shall be removed promptly upon completion of the seeding. All excess sod, stone, and debris, which has not been cleaned up shall be removed from the site. All seeded areas shall be prepared for final inspection. 2.2.10 Guarantees for Seeded Lawn Areas: Re-seedino: Areas failing to show an adequate germination of grass upon inspection by the Owner's representative shall be re -seeded according to the instructions in Section 2.2. Iillllll IIIIII I IIIII I I IIIII II IIIII II Page:0//100©f 0 502844f SILVIA DAVIS PITKIN COUNTY CO R 91.00 D 0.00 1111111111111111111111111111111111111111111111111111111 449683 12/14/2000 02:10P RESOLUTI DAVIS SILVI i of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE BUTTERMILK MEADOWS SUBDIVISION/PUD DETAILED SUBMISSION AND FINAL PLAT Resolution Now-2000 RECITALS Tiehack Land Partners, Ltd. ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado (`BOCC") to subdivide a 27.75 acre parcel into two single family lots of 13.3 and 8.6 acres each, with the remainder to be designated as three separate Common Area parcels. 2. Said parcel is located on West Buttermilk Road, and is more specifically described in Exhibit A. The majority of the parcel is zoned AFR 10 with approximately 2 acres zoned AFR 2, and contains 27.75 acres. 4. The Planning and Zoning Commission reviewed the applicatim at a regular meeting on June 6, 2000, and recommended approval by a vote of 4-0. The BOCC heard this application at a duly noticed public hearing on August 9, 2000, and at regular meetings on August 23, September 13 and October 25, 2000, at which time evidence and testimony were presented with respect to the application. 6. The BOCC finds that the application is generally consistent with the applicable provisions of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the Buttermilk Meadows Subdivision/PUD Detailed Submission and Final Plat subject to the following conditions, which shall run with the land and be binding on all successors in interest: The Final Plat shall be delineated by photographic methods on reproducible mylar 24 inches by 36 inches in size with a 1 1/2 inch margin on the left side and a 1/2 inch margin on the other sides, and drawn to scale which is not less than 1 inch = 100 feet, and shall otherwise comply with the provisions of Section 5-40-020 of the Land Use Code. The Final Plat shall also be submitted in digital format acceptable to the Community Development Department for incorporation into the GIS system. 2. Prior to recordation of the Final Plat, the Applicant shall: Resolution NcAg-2000 111111111111111111111111111111111111111111111111111 IN 02 10 RESOLUTI DAVIS SILVI Page 2 2 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO A. Obtain approval of the water augmentation plan from the Water Court. The Applicant shall commit to join the West Buttermilk Metropolitan District. If the augmentation plan is approved, the Applicant may drill a well(s) and extend lines to the building envelopes wthin West Buttermilk Road. However, once the Metropolitan District's central water system is operating, the Applicant shall abandon the well(s). The Environmental Health Department shall verify that an adequate quantity and quality of water is provided, prior to building permit application. B. Present proposed names for roads within the subdivision to the Community Development Department to ensure the names are unique and do not duplicate existing road names in the County. C. Submit the amended PUD Guide and Subdivision Improvements Agreement for review and approval by the Community Development Department and the County Attorney for form and compliance with the development approval. D. Provide certification from the County Treasurer's office that all ad valorem ta)es applicable to the parcel have been paid for all prior years. Concurrent with recordation of the Final Plat, the Applicant shall: A. Record the PUD Guide, Subdivision Improvements Agreement, Avigation Easement, and easement agreements with the adjacent property owners and leaseholders. B. Post a letter of credit to the County in a form acceptable to the County Attorney to secure the owner's performance under the Subdivision Improvements Agreement. 4. The Applicant shall be subject to the following limitations m floor area: A. Lot I shall be limited to a maximum of 7,500 square feet of floor area, as defined below, subject to submission of two executed irrevocable certificates of TDRs at building permit application. B. Lot 2 shall be limited to a maximum of 10,000 square feet of floor area, as defined below. C. For the purposes of this application, floor area shall be defined as follows: FLOOR AREA means the sum of the gross horizontal surfaces of each floor of a building or structure. In calculating floor area, the following rules apply: A. General: In measuring floor area, all dimensions shall be taken from the outside face of framing or other primary wall members or from the center line of walls separating adjoining units of a building or portion thereof. Veneer facades up to eight inches in thickness shall be excluded from the calculation of floor area; that portion of a facade which exceeds eight inches shall be included. Fireplaces, elevators, stairs and similar features are included in the floor area on each floor. B. Roof Overhangs and Decks: The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall include the area under the horizontal projection of roofs or floors, when the roof or floor exceeds five feet (5 ). These architectural projections are exempt for five feet (S ) of the perimeter of each story of the structure. Architectural projections may project up to ten feet (10 ) and still be exempt, so long as the total perimeter space for a floor is less than or equal to the total area allowed for the five foot (S ) exemption. This exemption cannot be used to transfer space between floors. C. Decks, Balconies, Stairways and Similar Features: Structures that exceed thirty inches (30') above natural or finished grade, and that are not covered by a roof or architectural Old I Illlll i11N 111111111111 i11 tlilll 11111111111111 IIII II_II Resolution Nc�-2000 3449563 of 0 12010020M 00 • N00. 00SUTI OLTKIND COUNTY S CO Page 3 projection from a building, are exempt from floor area for up to fifteen percent (15%) of the maximum floor area allowed. Any areas in excess of fifteen percent (15%) shall be counted toward floor area. D. Spaces Below Natural Grade for Principal Single -Family and Duplex Residences: Spaces below natural grade, up to a maximum of twenty feet (20 ) in depth and which include no more than a single story, are exempt from floor area calculation up to a maximum offour thousand (4,000) square feet offloor area. Floor area below natural grade which exceeds the four thousand (4, 000) square foot exemption provided herein shall count toward the calculation of allowable floor area. If any part of the below grade space is exposed above natural grade (such as walk -out basements, walls or courts) the entire below grade area shall be included in the floor area calculation; except that window wells and one egress area as required by the Uniform Building Code may be provided without affecting this exemption. The foundation wall orfooting may be exposed to the minimum degree required to comply with the Uniform Building Code pertaining to foundation design without affecting this exemption. Up to ten percent (10%) of any particular below grade wall surface may extend above natural grade and still be exempt from the calculation offloor area so long as the finished grade covers the surface that would otherwise be exposed. Garages up to seven hundred fifty (750) square feet may be incorporated into below grade space and shall not affect this exemption so long as the only sections of building so exposed are directly related to the garage structure. E. Garages and Carports: For the purpose of calculating floor area ratio and allowable floor area for a lot where the principal use is a single-family residence, garage and carport floor area shall be exempted up to a maximum of seven hundred fifty (750) square feet. On a lot which contains a duplex, garage and carport floor area shall be exempted up to a maximum of five hundred (500) square feet per side. All garage or carport space in excess of the exempted areas shall be Included as part of the residential floor area calculation. When an existing legal single- family or duplex dwelling exceeds the allowed floor area, the exempt garage space shall be reduced by subtracting the excess floor area from the exempt garage space. F. Crawl Space: Crawl spaces shall be exempt from the calculation offloor area, even if exposed above natural grade, so long as the height of the crawl space does not exceed five feet six inches (5'6'). G. Attic Space: That portion of attic space where the distance between the floor and ceiling.exceeds five feet six inches (5'6') in height shall count as floor area. Development to extend a water pipeline to the lots shall be prohibited on slopes in excess of 301% The PUD Guide shall be amended as follows, prior to recordation: A. Recitals: Refer to the Conceptual submission approval granted pursuant to Resolution 98-153 and the Detailed Submission/Final Plat approval granted pursuant to Resolution No. 3,-2000. B. Article 1, Lots: Correct the lot acreages. C. Article II Building Envelopes; Resolution No,1,31 -2000 Page 4 I 11111111111111111111111111111111111111111111111111 IN 449683 12/14/2000 02:10P RESOLUTI DAVIS SILVI 4 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 1) Amend the first paragraph to specify that berms and landscaping may not be located outside of the designated building envelopes, unless shown on a landscaping.plan approved through the scenic overlay review process. 2) The last sentence shall be amended as follows: "No development shall occur outside of the approved building envelopes, except as specified above." D. Article IV, Use Permitted by Special Review: Add that special review approval has been granted for one caretaker dwelling unit on each lot. E. Article VII, Floor Area Limitations: 1) Item "B" shall refer to Lot Two. 2) The last sentence in item "C" shall be eliminated; non -habitable structures are not necessarily excluded from the calculation of floor area. F. Article X, Driveways: Amend to require each owner to obtain an access permit, prior to submission of any building permit applications. Specify that driveway construction and associated disturbance is prohibited on slopes in excess of 30%, except as shown on the Final Plat. G. Article XVI, Wildfire Mitigation: Amend the provision regarding roof construction as follows: "Roofs shall have a Class A, non-combustible roof system. Wood shake/shingle roof coverings and flat roofs (up to a 3:12 pitch) are prohibited in all wildfire hazard areas." H. Article XVII, Exterior Lighting. Amend this provision as follows: "Exterior lighting within the Buttermilk Meadows PUD/Subdivision shall comply with the County's lighting regulations in effect at the time of installation." I. Article XVIII, Landscaping: Eliminate the provisions included in this section. Require each owner to submit a landscaping plan for review and approval as part of the scenic overlay review process, prior to submission of any building permit applications. All landscaping shall comply with the approved landscaping plan. Article XIX, Individual Sewage Disposal Systems: Include the language from item #9 of the draft SIA. K. Article XX, Fireplaces and Woodstoves: Amend to require each owner to obtain a fireplace/woodstove permit from the Community Development Department, prior to submission of any building permit applications. L. Article XXIV, Wildlife Mitigation Amend item "C" to require that fencing outside of the building envelopes comply with the fencing regulations in the Land Use Code. M. Article XXVII, Contributions for Road Maintenance and Improvements Amend to specify that a pro rata contribution would be made to the West Buttermilk Metropolitan District. N. Add a section specifying that the owner of Lot 1 shall submit two irrevocable certificates of TDRs and a recorded deed evidencing the sale or transfer of the TDRs to the Community Development Department, prior to building permit application, in order to develop up to 7,500 square feet of floor area on the lot. Only one TDR is required to develop up to 5,000 square feet of floor area. Resolution No g-2000 11111111111111111111111111111111111111111111111111111111111 Page 5 449683 12/14/2000 02:10P RESOLUTI DAVIS SILVI S of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 7. The Subdivision Improvements Agreement shall be amended as follows, prior to recordation: A. Item # 1, Water System: Eliminate the alternative to use ditch rights and the phrase "prior to closing." Specify that the owner may dill a well or wells, that must be abandoned once the centralized water system is installed by the West Buttermilk Metropolitan District. B. Item #2, County Road Improvements: Amend to require payment prior to building permit application. C. Item #3, Construction of Buttermilk Lane Realignment: Specify that the owner shall obtain an access permit prior to commencement of construction, and that a drainage and erosion control plan shall be included with the access permit. Specify that the width of Lower Buttermilk Lane shall be 16 feet. D. Item #6, Contribution to Aspen School District: Amend to require payment prior to and on a proportional basis to the issuance of building permits for the residential dwelling units. E. Item #7, Park Dedication Fee: Amend to require payment prior to and on a proportional basis to the issuance of building permits for the residential dwelling units. F. Item #8, Revegetation: The attached revegetation guidelines shall specify that they are applicable to all disturbance outside of the building envelopes, and not solely disturbance related to the access road. G. Item #9, Environmental Health: Eliminate from the SIA. H. Item #11, Construction Schedule: Specify that all improvements required shall be completed on or before NOV . 1.5 , 2003, or prior to building permit application on either lot. I. Item # 12, Financial Assurances: Specify that the owner shall perform its obligations to construct the improvements on or before /VDU , /S , 2003, or prior to building permit application on either lot. Statutory vested rights for the 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, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on November 15, 2003. 9. The Applicant shall comply with all material representations made in the application and in public meetings and hearings. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 8t` day of, July, 2000. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 9`� day of August, 2000. APPROVED AND ADOPTED AFTER SECOND READING on the 15'� day of November, 2000. Resolution No -2000 I 1111111111111111111111111111111111111111111111111111111111 IN 4/2000 02:10P RESOLUTI DAVIS SILVI Page 6 6 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO vas-rv..a Q.tGWt- "o--tc.e_ PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the A day of v, 2000. ATTEST: / Lync1e�&. W an . Clerkito the BOCC APPROVED AS TO FORM: John Ely, ��- County AUU-e Case #P16-00 PID #273510100007 suzannew\pitkin\cases\subdiv\buttmead\detailed reso BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By qai,. ` - ptt, §tAlie Roy, Chair Date (Z • 14 - po APPROVED AS TO CONTENT: Cindy Houben, Community Development Director P-Y 14-1 CA 1T ) -- . IJpz-Zoos Our Order No. Q380552 LEGAL DESCRIPTION PARCEL A: I IIIIII IIIII IIIIII IIIIII III IIIIII IIIIII III IIIII IN IN 449683 12/14/2000 02:10P RESOLUTI DAVIS SILVI --------- 7 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO A TRACT OF LAND SITUATE IN SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY BOUNDARY OF A TRACT OF LAND DESCRIBED IN BOOK 262 AT PAGE 116 OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO WHENCE THE SOUTH 1/4 CORNER OF SAID SECTION 3 BEARS S 52 DEGREES 09'50" W 517.27 FEET; THENCE N 05 DEGREES 41'34" E 38.27 FEET ALONG SAID EASTERLY BOUNDARY TO THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 262 AT PAGE 112 OF SAID PITKIN COUNTY RECORDS; THENCE ALONG SAID BOUNDARY DESCRIBED IN BOOK 262 AT PAGE 112 THE FOLLOWING FOUR (4) COURSES: 1) N 05 DEGREES 41'34" E 99.72 FEET; THENCE 2) N 14 DEGREES 59'56" W 192.95 FEET; THENCE 3) N 28 DEGREES 34-21" W 209.66 FEET; THENCE 4) S 39 DEGREES 45' 19" W 273.08 FEET TO THE NORTHERLY LINE AS DESCRIBED IN BOOK 262 AT PAGE 116 OF SAID PITKIN COUNTY RECORDS; THENCE N 50 DEGREES 19'36" W 117.81 FEET ALONG SAID NORTHERLY LINE TO THE WEST LINE OF LOT 13 OF SECTION 3; THENCE N 01 DEGREES 22'00" E 880.39 FEET ALONG SAID WEST LINE OF LOT 13 AND THE WEST LINE OF LOT 21 OF SAID SECTION 3 TO THE NORTH LINE OF A TRACT OF LAND DESCRIBED AS PARCEL 8 IN BOOK 525 AT PAGE 84 OF SAID PITKIN COUNTY RECORDS; THENCE ALONG SAID NORTH LINE THE FOLLOWING FOUR (4) COURSES: 1) N 88 DEGREES 29'27" E 50.46 FEET; THENCE 2) N 89 DEGREES 54'27" E 244.00 FEET; THENCE 3) N 88 DEGREES 10'27" E 298.14 FEET; THENCE 4) S 89 DEGREES 41'36" E 108.64 FEET TO A POINT ON THE WEST LINE OF A TRACT OF LAND DESCRIBED IN BOOK 272 AT PAGE 401 OF SAID PITKIN COUNTY RECORDS; THENCE ALONG SAID WEST LINE THE FOLLOWING FIVE (5) COURSES: 1) 171.35 FEET ALONG THE ARC OF A 2552.64 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 03 DEGREES 50'46" AND SUBTENDING A CHORD BEARING S 31 DEGREES 23'23" E 171.32 FEET; THENCE 2) S 29 DEGREES 28-00" E 124.12 FEET; THENCE 3) 117.49 FEET ALONG THE ARC OF A 534.99 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 12 DEGREES 34'58" AND SUBTENDING A CHORD BEARING S 23 DEGREES 10'31" E 117.25 FEET; THENCE 4) S 16 DEGREES 53-00" E 40.30 FEET; THENCE 5) 51.38 FEET ALONG THE ARC OF A 386.66 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 07 DEGREES 36'48" AND SUBTENDING A CHORD BEARING S 20 DEGREES 41'24" E 51.34 FEET TO THE NORTHERLY LINE OF A TRACT OF LAND DESCRIBED IN BOOK 228 AT PAGE 113 OF SAID PITKIN COUNTY RECORDS; THENCE ALONG SAID BOUNDARY DESCRIBED IN BOOK 228 AT PAGE 113 THE FOLLOWING THREE (3) COURSES: 1) N 52 DEGREES 16'37" W 77.48 FEET; THENCE 2) S 39 DEGREES 43'23" W 255.00 FEET; THENCE 3) S 52 DEGREES 16'37" E 0.24 FEET TO THE NORTHERLY LINE OF A TRACT OF LAND DESCRIBED IN BOOK 258 AT PAGE 874 OF SAID PITKIN COUNTY RECORDS; I(L: '2'32 'x000 I IIIIII IIIII IIIIIIIIIIII 11111111111111111111111 IN IIII AVIS SILVI 8 of89 R20.00D0.00N0.00PITKIN 20�0SOLUTI DC0UNTY CO LEGAL DESCRIPTION Jur Order No. Q380552 THENCE ALONG SAID LINE DESCRIBED IN BOOK 258 AT PAGE 874 THE FOLLOWING TWO (2) COURSES: 1) S 40 DEGREES 02'41" W 21.59 FEET; THENCE 2) S 07 DEGREES 34'37" E 147.13 FEET TO THE MOST NORTHERLY CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 234 AT PAGE 76 OF SAID PITKIN COUNTY RECORDS; THENCE S 01 DEGREES 34'37" E 150.39 FEET ALONG THE WEST LINE DESCRIBED IN BOOK 234 AT PAGE 76 TO THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 250 AT PAGE 739 OF SAID PITKIN COUNTY RECORDS; THENCE ALONG THE BOUNDARY DESCRIBED IN SAID BOOK 250 AT PAGE 739 THE FOLLOWING THREE (3) COURSES: 1) S 88 DEGREES 38'23" W 311.96 FEET; THENCE 2) S 15 DEGREES 01'37" E 210.47 FEET; THENCE 3) S 05 DEGREES 31'23" W 143.36 FEET TO THE SOUTH LINE OF SAID LOT 13; THENCE S 89 DEGREES 45'21" W 60.90 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. COUNTY OF PITKIN. STATE OF COLORADO PARCEL B: A TRACT OF LAND SITUATE IN SECTIONS 3 AND 10, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH BOUNDARY OF A TRACT OF LAND DESCRIBED IN BOOK 234 AT PAGE 76 OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, WHENCE THE SOUTH 1/4 CORNER OF SAID SECTION 3 BEARS S 70 DEGREES 55'20" W 977.48 FEET; THENCE ALONG SAID BOUNDARY THE FOLLOWING SIX (6) COURSES: 1) N 89 DEGREES 45'23" E 182.15 FEET; THENCE 2) N 22 DEGREES 00'37" W 66.41 FEET; THENCE 3) N 51 DEGREES 36'37" W 116.34 FEET; THENCE 4) N 24 DEGREES 04'37" W 156.62 FEET; THENCE 5) N 37 DEGREES 32'37" W 54.75 FEET; THENCE 6) N 30 DEGREES 32'04" W 34.02 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 258 AT PAGE 874 OF SAID PITKIN COUNTY RECORDS; THENCE N 39 DEGREES 43'23" E 306.32 FEET ALONG THE EAST BOUNDARY OF SAID TRACT DESCRIBED IN BOOK 258 AT PAGE 874; THENCE N 48 DEGREES 33'37" W 2.75 FEET ALONG THE NORTHERLY BOUNDARY DESCRIBED IN BOOK 258 AT PAGE 874 TO A POINT ON THE EAST LINE OF A TRACT OF LAND DESCRIBED IN BOOK 228 AT PAGE 113 OF SAID PITKIN COUNTY RECORDS; THENCE N 39 DEGREES 43'23" E 59.96 FEET ALONG SAID EAST LINE DESCRIBED IN BOOK 228 AT PAGE 113 TO THE SOUTHERLY LINE OF A TRACT OF LAND DESCRIBED IN BOOK 272 AT PAGE 401; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING THREE (3) COURSES: 1) S 48 DEGREES 38'00" E 476.14 FEET; THENCE 2) 210.37 FEET ALONG THE ARC OF A 147.65 FEET RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 81 DEGREES 38'04" AND SUBTENDING A CHORD BEARING S 89 DEGREES 27'02" E 193.02 FEET; Mill Hill 111111111111111111111111111111 Hill 11111111 2--2-am 449683 12/14/2000 02:10P RESOLUTI DAVIS SILVI 9 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Our Order No. Q380552 LEGAL DESCRIPTION THENCE 3) N 49 DEGREES 44'00" E 888.16 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 82; THENCE 60.40 FEET ALONG THE ARC OF A 5780.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 00 DEGREES 35'55" AND SUBTENDING A CHORD BEARING S 36 DEGREES 27'49" E 60.40 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO A POINT ON THE NORTHERLY LINE OF A TRACT OF LAND DESCRIBED IN BOOK 269 AT PAGE 599 OF SAID PITKIN COUNTY RECORDS; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING FOUR (4) COURSES: 1) S 49 DEGREES 43' 12" W 885.20 FEET; THENCE 2) S 40 DEGREES 36'29" W 116.92 FEET; THENCE 3) S 44 DEGREES 31' 12" W 904.53 FEET; THENCE 4) S 20 DEGREES 17' 12" W 178.04 FEET TO THE WEST LINE OF LOT 2 OF SAID SECTION 10; THENCE N 00 DEGREES 00'48" W 630.09 FEET ALONG SAID WEST LINE OF LOT 2 AND LOT 14 OF SAID SECTION 3 TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO p RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE BUTTERMILK MEADOWS SUBDIVISION/PUD CONCEPTUAL SUBMISSION, 1041 HAZARD REVIEW, SPECIAL REVIEW FOR A TDR RECEIVER SITE AND CARETAKER DWELLING UNITS Resolution No. 98- 153 RECITALS Tiehack Land Partners, Inc., hereafter "Applicant", has applied to the Board of County Commissioners of Pitkin County, Colorado, hereafter "Board", to subdivide a 27.3 acre parcel into two single family parcels of approximately 14 and 10 acres each, with the remainder to be designated as Common Area. The fathering parcel was legally created and has one development right. The applicant proposes to transfer one development right from the Rural/Remote zone district to proposed Lot 1. 2. Said parcel is located on the lower portion of West Buttermilk Road, adjacent to the Buttermilk ski area, and is more specifically described in Exhibit A. 3. The majority of said parcel is zoned AFR-10 with approximately 2 acres zoned AFR-2. The current zoning maps show that a portion of the parcel is zoned AF-SKI, however, this is a mapping error that occurred during the creation of the zoning maps in the GIS system. The applicant requested to rezone this portion to AFR-10, however, staff has determined that rezoning is unnecessary and that the correction can be made administratively. The Planning and Zoning Commission reviewed the application at a regular meeting on April 28, 1998. 6. The Board heard this application at regular meetings on July 22 and August 12, 1998, at which time evidence and testimony was presented with respect to the application. 7. The Board finds that the application is generally consistent with the applicable provisions of the Pitkin County Land Use Code. 111111111111111111111111 OF 111111 OF 1111111111111 IN 422490 09/28/1998 09:54A RESOLUTI DAVIS SILVI 1 of 20 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO R ; qg-1s3 NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby approve the Buttermilk Meadows Subdivision/PUD Conceptual Submission, 1041 Hazard Review, Special Review for a TDR Receiver Site and Caretaker Dwelling Units subject to the following conditions: 1. Due to the limited nature of the proposed development, the applicant may combine the Detailed Submission/Final Plat application for review by the Planning Commission and the Board of County Commissioners. 2. With the Detailed Submission/Final Plat application, the applicant shall provide the following: A. A fugitive dust control plan for review and approval by the Environmental Health Department. The Plan shall include measures to insure that dust does not become a nuisance or blow onto adjacent property. B. A drainage and erosion control plan for review by the County Engineer. Said plan shall address at a minimum, sedimentation control during grading and construction activities, and on -site retention. C. A letter from the City of Aspen expressing their intent and ability to serve the development (including caretaker units) with City water. If the City will not provide water to the lots, the applicant shall provide documentation of adequate quality and quantity of water from wells on the lots. D. A draft plat which complies with the requirements of Section 5-40.20 of the Land Use Code. The lot area for each of the two lots shall be verified by a certified surveyor on the plat. If Lot 2 does not contain at least 10 acres of lot area, the applicant shall request a PUD variance with the Detailed Submission application. E. Draft Protective Covenants and a Subdivision Improvements Agreement. F. Detailed drawings, plan and profile for the proposed accesses for review by the County Engineer. G. A specific easement of a minimum of 30 feet in width for the relocated portion of Buttermilk Lane shall be depicted on the Final Plat. H. Obtain a Certificate of Development Rights for the Preservation Site and a Certificate of TDR Rights for the Receiver Site from the Community Development Department. I. Provide information on the proposed realignment of West Buttermilk and Owl Creek Road, and address the issue of what impact, if any, this development will have on the realignment. J. Provide information on non -motorized public use of Buttermilk Lane (a private road) to access the ski area. Concurrent with recording of the Final Plat for the Buttermilk Meadows Subdivision/PUD, the applicant shall: A. Record a deed restriction acknowledging that the development right has been severed from the Preservation Site and prohibiting future development on the parcel and a deed conveying the development right to the Receiver Site. These documents may also be recorded prior to recordation of the Final Plat. B. Execute and record an Avigation Easement Agreement with the County. 4. Prior to issuance of any building permits, the owner of each lot shall: 11111111111111111111111111111111111111111111111111111 IIN 2 490 09/28/1998 09:54A RESOLUTI DAVIS SILVI 2 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO A: R s--rs3 A. Obtain a sewage disposal permit for each individual lot from the Environmental Health Department. The systems shall be located within the approved building envelopes and must comply with the setback requirements from surface and groundwater sources. B. Obtain a fireplace/woodstove permit, which shall be approved by the Environmental Health Department. C. Obtain an access permit, which shall be approved by the County Engineer. If the driveway exceeds 30 inches above or below natural grade within the setbacks, variances must be approved by the Board of Adjustment prior to issuance of an Access Permit. D. Submit an application and gain approval for a Scenic Overlay Review, pursuant to Section 3-60.40 of the Land Use Code, once plans for the proposed residences have been prepared. E. Make a cash payment to the County in lieu of dedicating land for the school district. Calculation of the payment shall be based on the regulations in effect at the time of payment. F. Make a cash payment to the County in lieu of dedicating land for parks/recreation/open space. Calculation of the payment shall be based on the regulations in effect at the time of payment. G. Obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Floor plans of the unit shall be provided to the Housing Office when the deed restriction is submitted. The caretaker dwelling unit shall be limited to 700 net livable square feet, and the kitchen shall contain a minimum of a two -burner stove with oven, standard sink, and a 6 cubic foot refrigerator plus freezer. H. Hook up to the City of Aspen water system, if such service is available. If service is not available, provide proof of adequate quality and quantity of water to the Environmental Health Department. Prior to issuance of Certificates of Occupancy for the principal residences on both lots, Housing and Community Development staff shall inspect the caretaker dwelling units. 6. No development, including grading, landscaping, or vegetation removal or disturbance, shall occur outside of the approved building envelopes, except for utility and driveway extension and maintenance, and as may be necessary to implement the wildfire mitigation measures required elsewhere in this document. 7. The applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Brush, debris, and non -ornamental vegetation shall be removed within a minimum 10 foot perimeter around all structures. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around all structures. C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel. D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. E. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns, except within mature stands of aspen trees. 11111111111111111111111111111111111111111111111111111 422490 09/28/1998 09:54A RESOLUTI DAVIS SILVI 3 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO X : 9g-j53 F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of all structures shall be reduced. H. All deadfall within the 100 foot perimeter shall be removed. I. Low vegetation shall be maintained within a 10 foot perimeter around all structures. J. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. The applicant shall comply with the following additional wildfire mitigation standards: A. Roof construction shall be Class A, non-combustible material with no flat roofs. B. Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 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. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. H. Swimming pools, if any, shall be accessible to Fire Department vehicles for use in emergency situations. I. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. M. 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 the tank shall be constructed with materials approved for 2 hour fire -resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. P. Utility lines shall be buried within or along roadways or previously disturbed areas. 9. The applicant shall comply with the codes and standards of the Aspen Fire Protection District in effect at the time of building permit issuance. 10. To mitigate wildlife impacts: A. Dogs shall be kenneled. When not kennelled, all dogs shall be leashed. No dogs, other than owners' dogs, shall be allowed on site during construction B. Maintain native vegetation outside of the building envelope, except for the driveway extension. C. Mesh or woven wire fences are prohibited. Fences are limited to a maximum of 4 strands of wire or 3 rails, and no fence shall exceed 42 inches in height. D. All trash/garbage shall be contained in approved bear proof garbage containers. 422490 111111111111111111111111111111111111111111111111111111 I 4 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 11. The applicant shall comply with the following standards for development on slopes of greater than 15%: A. Adequate mechanical support shall be provided for cut slopes. B. Adding water which may decrease slope stability shall be avoided. C. Adding weight to the top of the slope shall be avoided. D. Disturbed slopes must be contoured so that they can be revegetated. E. Steepening of existing slopes shall be avoided. F. Confine cuts, fills, grading and excavation to the minimum area needed for construction. 12. Native shrubs and grasses shall be utilized for revegetation of areas outside of the building and development envelopes disturbed by construction no later than one growing season after completion of construction. 13. The applicant is not required to submit annual reports attesting to conformance with the conditions of this approval, nor is the proposed use required to commence within 12 months of the date of this approval, as would otherwise be required under the Special Review provisions of the Land Use Code. 14. The applicant shall agree to contribute to the homeowners' association for maintenance of the roads. The applicant shall also agree to join any road improvement district for West Buttermilk Road in the event one is formed. 15. For any free market residential structure of 5,000 gross square feet or greater, the applicant shall comply with Section 4.01.01(13) of the Pitkin County Road Management and Maintenance Plan, which requires the applicant to provide construction trip and residential trip generation studies. The applicant shall comply with this provision as it is in effect at the time of building permit issuance to the satisfaction of the County Engineer. 16. All material representations made by the applicants in the application or in public meetings shall be adhered to and considered conditions of approval, unless amended by other conditions. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 20th day of June, 1998. INTRODUCED, FIRST READ, AND PUBLIC HEARING HELD AT A REGULAR MEETING on the 22nd day of July, 1998. 1998. APPROVED AND ADOPTED AFTER SECOND READING on the 12th day of August, 1998. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the %,l` day of e 40 4 t4 422490 09/28/1998 09:54A RESOLUTI DAVIS SILVI 5 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ATTEST: s �.y�►+�dG �..�BsfiV Dep Clerk and Recorder APPROVED AS TO FORM: John Ely, County A Case #P14-98 PID #2735-101-00-007 suzannew\pitkin\cases\subdiv\buttmead\reso. doc BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO B �D�� �-- y 4� �-7 Dorothea Farris, Chair Date 9 --77- J —yX' APPROVED AS TO CONTENT: Cindy Houben, Community Development Director 111111111111 HIM 1111111111111111111111111111111111111 IN 422490 09/28/1998 09:54A RESOLUTI DAVIS SILVI 6 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO worm AO 4/95 ffrder No. Q371497 Exhibit A Policy No. LTFH371497 Amount $650,000.00 SCHEDULE A Address VACANT LAND 1. Policy Date: January 03, 1997 AT 10:57 A.M. 2. Name of Insured: TIEHACK LAND PARTNERS, LTD., A COLORADO LIMITED PARTNERSHIP 3. The estate or interest in the land described in this Schedule and which is covered by this policy is: A Fee Simple 4. Title to the estate or interest covered by this policy at the date hereof is vested in: TIEHACK LAND PARTNERS, LTD., A COLORADO LIMITED PARTNERSHIP 5. The land referred to in this policy is situated in PITKIN County, Colorado, and is described as follows: PARCEL A: A TRACT OF LAND SITUATE IN SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY BOUNDARY OF A TRACT OF LAND DESCRIBED IN BOOK 262 AT PAGE 116 OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO WHENCE THE SOUTH 1/4 CORNER OF SAID SECTION 3 BEARS S 52 DEGREES 09150" W 517.27 FEET, THENCE N 05 DEGREES 411341, E 38.27 FEET ALONG SAID EASTERLY BOUNDARY TO THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 262 AT PAGE 112 OF SAID PITKIN COUNTY RECORDS; THENCE ALONG SAID BOUNDARY DESCRIBED IN BOOK 262 AT PAGE 112 THE FOLLOWING FOUR (4) COURSES: 1) N 05 DEGREES 41'34" E 99.72 FEET; THENCE 2) N 14 DEGREES 59156" W 192.95 FEET; THENCE 3) N 28 DEGREES 34121" W 209.66 FEET; THENCE 4) S 39 DEGREES 45119" W 273.08 FEET TO THE NORTHERLY LINE AS DESCRIBED IN BOOK 262 AT PAGE 116 OF SAID PITKIN COUNTY RECORDS; THENCE N 50 DEGREES 19136" W 117.81 FEET ALONG SAID NORTHERLY LAND TITLE GUARANTEE COMPANY Page 1 This Policy valid only if Schedule B is attached. ,< : 9g-1s3 N � (NCO - z� C9 vW a� m m� m0 m- z�� FEE m (A •o 0 = -4 � X .� Z32 AGE Z CA -mac N �� � r O " = qS -153 Itorm AO 4/95 Policy No. LTFH371497 itrder No. Q371497 I ■ ■ ■ ■ ■ Ll Lj M- Amount $650,000.00 SCHEDULE A LINE TO THE WEST LINE OF LOT 13 OF SECTION 3; THENCE N 01 DEGREES 22'00" E 880.39 FEET ALONG SAID WEST LINE OF LOT 13 AND THE WEST LINE OF LOT 21 OF SAID SECTION 3 TO THE NORTH LINE OF A TRACT OF LAND DESCRIBED AS PARCEL 8 IN BOOK 525 AT PAGE 84 OF SAID PITKIN COUNTY RECORDS; THENCE ALONG SAID NORTH LINE THE FOLLOWING FOUR (4) COURSES: 1) N 88 DEGREES 29'27" E 50.46 FEET; THENCE 2) N 89 DEGREES 54'27" E 244.00 FEET; THENCE 3) N 88 DEGREES 10'27" E 298.14 FEET; THENCE 4) S 89 DEGREES 41'36" E 108.64 FEET TO A POINT ON THE WEST LINE OF A TRACT OF LAND DESCRIBED IN BOOK 272 AT PAGE 401 OF SAID PITKIN COUNTY RECORDS; THENCE ALONG SAID WEST LINE THE FOLLOWING FIVE (5) COURSES: 1) 171.35 FEET ALONG THE ARC OF A 2552.64 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 03 DEGREES 50'46" AND SUBTENDING A CHORD BEARING S 31 DEGREES 23'23" E 171.32 FEET; THENCE 2) S 29 DEGREES 28'00" E 124.12 FEET; THENCE 3) 117.49 FEET ALONG THE ARC OF A 534.99 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 12 DEGREES 34'58" AND SUBTENDING A CHORD BEARING S 23 DEGREES 10'31" E 117.25 FEET; THENCE 4) S 16 DEGREES 53'00" E 40.30 FEET; THENCE 5) 51.38 FEET ALONG THE ARC OF A 386.66 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 07 DEGREES 36'48" AND SUBTENDING A CHORD BEARING S 20 DEGREES 41'24" E 51.34 FEET TO THE NORTHERLY LINE OF A TRACT OF LAND DESCRIBED IN BOOK 228 AT PAGE 113 OF SAID PITKIN COUNTY RECORDS; THENCE ALONG SAID BOUNDARY DESCRIBED IN BOOK 228 AT PAGE 113 THE FOLLOWING THREE (3) COURSES: 1) N 52 DEGREES 16'37" W 77.48 FEET; THENCE 2) S 39 DEGREES 43'23" W 255.00 FEET; THENCE 3) S 52 DEGREES 16'37" E 0.24 FEET TO THE NORTHERLY LINE OF A TRACT OF LAND DESCRIBED IN BOOK 258 AT PAGE 874 OF SAID PITKIN COUNTY RECORDS; THENCE ALONG SAID LINE DESCRIBED IN BOOK 258 AT PAGE 874 THE FOLLOWING TWO (2) COURSES: 1) S 40 DEGREES 02'41" W 21.59 FEET; THENCE 2) S 07 DEGREES 34'37" E 147.13 FEET TO THE MOST NORTHERLY CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 234 AT PAGE 76 OF SAID PITKIN COUNTY RECORDS; THENCE S 01 DEGREES 34'37" E 150.39 FEET ALONG THE WEST LINE DESCRIBED IN BOOK 234 AT PAGE 76 TO THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 250 AT PAGE 739 OF SAID PITKIN COUNTY RECORDS; THENCE ALONG THE BOUNDARY DESCRIBED IN SAID BOOK 250 AT PAGE 739 THE FOLLOWING THREE (3) COURSES: 1) S 88 DEGREES 38'23" W 311.96 FEET; THENCE 2) S 15 DEGREES 01'37" E 210.47 FEET; THENCE 3) S 05 DEGREES 31'23" W 143.36 FEET TO THE SOUTH LINE OF SAID LOT 13; THENCE S 89 DEGREES 45'21" W 60.90 FEET ALONG SAID SOUTH LINE IN Page LAND TITLE GUARANTEE COMPANY 2 This Policy valid only if Schedule B is attached. itorm AO 4/95 itrder No. Q371497 El r r D ■ 171 1 ■ ■ a D ■ ■ 10 SCHEDULE A TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO PARCEL B: Policy No. LTFH371497 Amount $650,000.00 A TRACT OF LAND SITUATE IN SECTIONS 3 AND 10, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH BOUNDARY OF A TRACT OF LAND DESCRIBED IN BOOK 234 AT PAGE 76 OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, WHENCE THE SOUTH 1/4 CORNER OF SAID SECTION 3 BEARS S 70 DEGREES 55'20" W 977.48 FEET; THENCE ALONG SAID BOUNDARY THE FOLLOWING SIX (6) COURSES: 1) N 89 DEGREES 45'23" E 182.15 FEET; THENCE 2) N 22 DEGREES 00'37" W 66.41 FEET; THENCE 3) N 51 DEGREES 36'37" W 116.34 FEET; THENCE 4) N 24 DEGREES 04'37" W 156.62 FEET; THENCE 5) N 37 DEGREES 32'37" W 54.75 FEET; THENCE 6) N 30 DEGREES 32'04" W 34.02 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 258 AT PAGE 874 OF SAID PITKIN COUNTY RECORDS; THENCE N 39 DEGREES 4323" E 306.32 FEET ALONG THE EAST BOUNDARY OF SAID TRACT DESCRIBED IN BOOK 258 AT PAGE 874; THENCE N 48 DEGREES 33'37" W 2.75 FEET ALONG THE NORTHERLY BOUNDARY DESCRIBED IN BOOK 258 AT PAGE 874 TO A POINT ON THE EAST LINE OF A TRACT OF LAND DESCRIBED IN BOOK 228 AT PAGE 113 OF SAID PITKIN COUNTY RECORDS; THENCE N 39 DEGREES 43'23" E 59.96 FEET ALONG SAID EAST LINE DESCRIBED IN BOOK 228 AT PAGE 113 TO THE SOUTHERLY LINE OF A TRACT OF LAND DESCRIBED IN BOOK 272 AT PAGE 401; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING THREE (3) COURSES: 1) S 48 DEGREES 38'00" E 476.14 FEET; THENCE 2) 210.37 FEET ALONG THE ARC OF A 147.65 FEET RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 81 DEGREES 38'04" AND SUBTENDING A CHORD BEARING S 89 DEGREES 27'02" E 193.02 FEET; THENCE 3) N 49 DEGREES 44'00" E 888.16 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 82; THENCE 60.40 FEET ALONG THE ARC OF A 5780.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 00 DEGREES 35'55" AND SUBTENDING A CHORD BEARING S 36 DEGREES 27'49" E 60.40 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO A POINT ON THE NORTHERLY LINE OF A TRACT OF LAND DESCRIBED IN BOOK 269 AT PAGE 599 OF SAID PITKIN COUNTY RECORDS; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING FOUR (4) COURSES: 1) S 49 DEGREES 43'12" W 885.20 FEET; 0 Page LAND TITLE GUARANTEE COMPANY This Policy valid only if Schedule B is attached. 40 N °,& _ m 0_ _ a� 49 m 40 040 m 0_ mW z a m a uw_ o_ zo_ O M_ C r �W"qs 19orm AO 4/95 itrder No. Q371497 Ll Policy No. LTFH371497 Amount $650,000.00 SCHEDULE A THENCE 2) S 40 DEGREES 36'29" W 116.92 FEET; THENCE 3) S 44 DEGREES 31'12" W 904.53 FEET; THENCE 4) S 20 DEGREES 17'12" W 178.04 FEET TO THE WEST LINE OF LOT 2 OF SAID SECTION 10; THENCE N 00 DEGREES 00'48" W 630.09 FEET ALONG SAID WEST LINE OF LOT 2 AND LOT 14 OF SAID SECTION 3 TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO IIIIII IIN{ IIIIII111111 IIII I1111111111 III 111111 III IN 422490 09/28/1998 09:54A RESOLUTI DAVIS SILVI 10 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO LAND TITLE GUARANTEE COMPANY Page 4 This Policy valid only it Schedule B is attached. K' ' 9� is3