Loading...
HomeMy WebLinkAbout2005727watsondivideTO: THRU: FROM: RE: Pitkin County Board of County Cmmnissiouers Regular Meeting - July 27, 2005 Cindy HoulSen, Coihmunity Development Director Ezra Louthis, Planner Watson Divide Ranch, Inc. Special Review & GMQS Exemption to Exceed 15,000 Square Feet with a TDR REQUEST: The Applicant requests Special Review approval and a GMQS Exemption in order to utilize a TDR to develop in excess of 15,000 square feet of floor area within the RS-30 PUD zone district. The parcel contains a single-family residence that is currently under constructiou. According to the most recent building permit (permit number 1198.2004), the total floor area for the parcel is currently 14~967 sc uare feet as permitted, and the Applicant is requesting an additional 2,385 square feet as follows: 1,928 square feet: Existing crawlspace to be converted to subgrade space for additional living area. 51 square feet: Internal courtyard garage entryway to be enclosed. 406 square feet: External (south facing) trellis over an existing deck area. 2,385 square feet total The Applicant has requested tbat the remaining 115 square feet be preserved for future use. APPLICANT: Watson Divide Ranch, Inc. REPRESENTATIVES: Joe Wells LOCATION: Lot A, Watson Divide Ranch ZONING/LOT SIZE: Tile parcel is zoned RS-30 PUD and contaius 554 +/- acres. EXISTING CONDITIONS: The parcel is currently being developed with a single-family resideuce of 14,895 square feet, and a number of landscape features including ponds and berms. BACKGROUND: The parcel received Scenic Overlay, 1041 Hazard Review, Special Review for a CDU, Conceptual Submission and Special Review for a Ranch Manager EDU approval in ] 996 pursuant to BOCC Resolution No. 96-143. The parcel then received an Extension of Vested Rights (BOCC Resolution No. 98-86) and Minor Amendment (Resolution No. 233-2002). A building permit was then issued for a single-family residence in 2002. REFERRAL AGENCIES: The Couuty Zoning Officer was referred and had no ci>mments. Tile Snowmass/Capitol Creek Caucus objected to the request (see attachment). STAFF COMMENTS: SPECIAL REVIEW: Special review approval is required to develop in excess of 15,000 square feet of floor area, subject to the standards in Section 3-210 (as ameuded by Ordinance No. 021 ~2001). A. The special review use shah consider the applicable County Master Plan. Response: A small portion of the parcel is located within the Snowmass/Capitol Creek PIm~ning Area. The Master Plan for the area speaks specifically to Floor Area Maximums in which it states that, "The Cancus stroogly supports the existing house size (floor area) limitation of 5,750 square feet (as "floor area" is defined in the Land Use Code). Under exceptional circumstances, house size can be increased to a maximum of 8,250 square feet of floor area through the growth management competition process or through the use of TDR's. The determination of whether "exceptional circumstances" exist should include substantial compliance with the goals and objectives of this Master Plan, especially, compliance with hnplementation Measure (c.) under Objective 1.1.2 of this Plan." The Caucus~ based on the Master Plan, opposed the Applicant's request to utilize a TDR for additional square footage. Staffis of the opiniou that the request to utilize a TDR for the conversion of crawlspace into subgrade space, a small enclosure aud a trellis wilI have limited visual impacts m~d is an appropriate use under Special Review. B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Article 2. Response: The proposed development does not conflict with any applicable sections of the Code, and is generally consistent with the County Land Use Policies. C. The special review use shah be consistent with the intent of the Zone District in which it is proposed lo be located. Response: The proposed additions to the single-family residence is consistent with the intent of the RS-30 PUD zone district to preserve rural character, wildlife habitat and scenic quality while permitting low density, single-family dwelling units. It should be noted that the application indicates the zone district to be AFR-10, when in fact the County zoning maps have it as RS-30 PUD. D. The special review use shah be compatible with the character o/the immediate vicinity of the parcel proposedJbr development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The character of the inunediate vicinity o.f the parcel is residential in nature with agricultural aspects including pastures, hayfields mid open space. The pernaitted residence is larger than surrounding residences, however the Special Review request to utilize one TDR for 2,385 square feet of subgrade space, a small enclosure and a trellis is compatible in that the impacts will be minimal. E. The location, size, desig~* and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/waterpollution or other impacts on natural resources, noise, vibrations and odor on surroundingproperties. Response: The proposal will add floor area to an existing residence but will have limited visual impacts and will not have adverse impacts oo traffic generation, parking, trash, service delivery, natural resources, or otherwise. F. There must be adequate public facilities and services to serve the special review use including'but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: The proposal will not bave additional impacts on public facilities and services. An application.for a special review use must demonstrate to the Board of County Commissioners that the proposed development will not: 1. Materially endanger the public health, safety or welfare; and 2. Substantially injure the value of adjoining or abutting property. Response: Staffhas no information that would indicate that the development will endanger the public health, safety or welfare, or injure the value of adjacent properties. RESIDENTIAL DEVELOPMENT WITH MORE THAN 15,000 SQUARE FEET OF RESIDENTIAL FLOOR AREA: Special review approval is also required to construct more than 15,000 square feet of floor area. The following criteria from Section 3-200-090 of the Code are to be used in conjunction with the special review criteria to allow in excess of 15,000 square feet of floor area. 1. Acquisition of Transferable Development Rights (TDR's) pursuant to section 3-150. I 60 [now Section 3-310pursuant to Ordinance Nos. 99-18 and 99-36] is a threshold minimum requirement to exceed 13, 000 square feet of totat floor area. Response: The Applicant commits to obtain a TDR prior to submission of a building permit for the additional overhangs and decking, as required by the Code. 2. Enbrg3; Consumption a. Has the residence been designed with concentration on limiting the use of energy resources and consumptive use? b. Has the design and construction of the home taken into consideration the inclusion of renewable non-polluting energy resources for the primary source of energy for the entire project? c. Have high efficiency construction materials been used throughout the project? d. Does the operation of the house contain self-regulating system, which control the use of energy when the home is not occupied? e. Does the project meet the requirements of the Aspen/Pitkin Energy Conservation Code as adopted by the Board of County Commissioners on danuary ]0, ]996 (hereafter "APECC") or any subsequent amendments? lf the project is an addition or remodel does it improve the energy efficiency? f Do heating and cooling appliances within the residence meet the requirements of the APECC? Response: Roof ovefl~angs on the residence will limit summertime solar gain, and maximize wintertime solar gain. The Applicant has also implemented a self-regulating system for energy efficiency by means Of a programmable thermostat for the residence. The proposed residence meets APECC. 3. Visual Impacts a. How does the proposed structure visually impact those who routinely see it from viewing locations other than on the subject property? II the visual change significant, as compared to what would be permitted without special review? d. Has the visual impact been mitigated? Do the immediate neighbors or Homeowner's Association approve? Do landfi)rm and landscaping mitigation measures appear natural as related to the former condition and surrounding environment? Response: The proposed conversion of crawlspace into subgrade space, a small enclosure and a trellis will have limited visual impacts on those who routinely see it from Snowmass Creek Valley. The residence is set so as not to break a ridgeline, and the proposed additions will have little or no impact. With regard to the trellis, the Applicant contends that it will create shadows on the south fagade, thus reducing the perceived glare of the windows. 4. Environmental Concerns a. Does the proposed residence encroach or impact environmental resources such as .floodplain, slopes exceeding 15%, geologic hazards, wildlife, wildfire, groundwater, ridgelines, vegetation manipulation, topographic characteristics on-site, agricultural lands and other similar features? b. If the proposed construction ia' taking place on slopes, which exceed 15%, is there another location on the property the house could be sited? If not, what mitigation measures are taken to lessen the impact of scarring the cut slope? Response: The proposed construction will not impact 1041 Hazards. 5. Lighting a. Has the proposed lighting pf the residence and property been designed to avoid off-site visual impacts (down east or shielded lighta) ? Has the lighting style been designed for primarily safety considerations? la' exterior lighting located and designed to provide adequate safety and security while minimizing glare and spill-over onto adjacent properties? Response: Exterior lighting has been designed to provide adequate safety and security while minimizing off-site impacts by using down cast fixtures and shielded lights. The Applicant must comply with the County's lighting regulations. 6. Homeo,awer's Associations and A~jacent Property Owners a. Ls~ there a legally established and active Homeowner's Association, which has covenants binding upon the subject property? Has the governing body approved the proposed development? b. Are the adjoining property owners opposed to the proposed development? Response: The adjoining property owners have not commented and the parcel is not part of an official HOA. The Snowmass/Capitol Caucus did object to the request. operations ? Uses Is the additional floor area requested for the purposes o fuse for agricultural Response: The additioual floor area is not requested for agricultural uses. 8. General a. ls the proposed development consistent with the existing scale and bulk characteristics of the neighborhood? Is the subject property located on a conforming size lot in the zone district? b. How are road cuts, slope cuts and disturbance to natural terrain on the site mitigated in their finished form? c. Does the proposed development reduce t~uilding Code deficiencies and/or tend to promote health and sqfety or environmental concerns? Response: The parcel is conforming in the RS-30 PUD zone district. The proposal will not significantly iocrease bulking, m~d does not require new cuts or grading. The residence will comply with current building and energy Codes. 9. Has the natural vegetation of the site been protected/replaced/maintained/enhanced to the maximum extent possible? Response: The proposed Special Review will not impact the natural vegetation. ] O. Has the development preserved open space via clustering structures or lowering allowed density on the property? Response: The proposed Special Review will not impact open space. RECOM34ENDATION: Staff recommends that the Board adopt a motion approving the Watson Divide Ranch, lnc. Special Review and GMQS Exemption to exceed 15,000 square feet with a TDR for subgrade space, a small enclosure and a trellis in the RS-30 PUD zone district, subject to the attached Resolution. Attachments 1. Draft Resolution 2. Caucus Comments RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF P1TKIN COUNTY, COLORADO, APPROVING THE WATSON DIVIDE RANCH, INC. SPECIAL REVIEW AND GMQS EXEMPTION TO EXCEED 15,000 SQUARE FEET OF FLOOR AREA WITH A TDR Resolution No. -2005 RECITALS Watson Divide Ranch, Inc. ("Applicant"), has applied to the Board of County Commissioners of Pitkin County, ("BOCC"), pursuant to Section 3-200-090 mid 3-2.10-020 of the Pitkin County Land Use Code ("Code"), to exceed 15,000 sq. ft. of floor ama with the use ora TDR for the development of 2,385 square feet of floor area (subgrade space, small enclosure mid a trellis). 2. The property is zoned RS-30 PUD and contains 554 +/- acres. 3. The property is 1220 Watson Divide Road and is more specifically described in Exhibit "A". The parcel received Scenic Overlay, 1041 Hazard Review, Special Review for a CDU, Conceptual Submission and Special Review for a Ranch Manager EDU approval in 1996 pursuant to BOCC Resolution No. 96-143. The parcel then received an Extension of Vested Rights (BOCC Resolution No. 98-86) and Minor Amendment (Resolution No. 233-2002). The BOCC reviewed the application at a duly noticed public hearing on July 27, 2005, at which time evidence and testimony were presented witb respect to this application. The BOCC finds that tile application is generally consistent with the applicable provisions of tile Pitkin County Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the Watson Divide Ranch, Inc. Special Review to exceed 15,000 sq. fi. of floor area with the use ofa TDR sub.~ect to the following conditions: Ail conditions of BOCC Resolution Nos. 96-143, 98-86 and 233-2002 remain in full force and effect unless specifically amended herein. The Applicant shall adhere to all material representations made in public hearings m~d in the application. At time of building permit submittal, Applicant shall submit to Community Development one executed, irrevocable certificate of a TDR and a recorded deed evidencing the sale or transfer of the certificates to the lot owner. The 2,385 square feet of additional square footage shall only be utilized for the following: 1,928 square feet: Existing crawlspace to be converted to subgrade space for additional living area. ~ 51 square feet: Internal courtyard garage entryway to be enclosed. 5' 406 square feet: External (south facing) trellis over an existing deck area. 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 July 27, 2008. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY Oll the 27th day of Juue, 2005. APPROVED AND ADOPTED ou the 27th day of July, 2005. VESTED RIGHTS NOTICE PUBLISHED ON TH~ __ ATTEST: DAY OF ., 2005. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jeanette Jones Deputy County Clerk APPROVED AS TO FORM: John Ely, County Attorney Case #P120-05 264501300013 Patti Kay-Clapper, Chair Date: APPROVED AS TO CONTENT: ~nd~ Houben, Community Development Director 7 Order Number:. 00024304' · SCHEDULE A LEGAL DES~F~ON PARCEL A: A parcel of land situated in Sections 1, 2 and 12 of Township 9 South, 86 West Of the 6th Principal Mer£dian~ Pitkin county, Colorado descril follows: thence $ 29"30'21" thence S 37°08'11" thence N 76°11'39" thence S 53"16'21" thence $ 26.54,16~ thence S 03027'50" the~'ce N 82006'45" thence N 16°16'12" thence 165.68 feet a central angle of feet; thence $ 87"26'19" thence 144.67 feet a central angle of feet; Beginning at the E !/4 Section l, said point being the Point of Seginz thence S 89059'42" W, 3742.68 fee~; W, i66.79 feetf W, 410.24 feet; W, 812.56 feet; W, 323.79 feet; W, 127.90 feet; E, 325.44 feet; W, 180.18 feet; W, 26.94 feet; along a curve to the left, having a radius .of 124.4. 76017'25" and a chord of which bears N 54~24'53" W, W, 80.~5 feet; along a curve to the left, having a radius of 90.16 91056'05" anW a chord of which bears, s 41°28,18" W, thence $ 04029'4?" E, 106.53 feet; thence 65.44 feet a~ong a curve to the left, having a ra'dius of 230.6I central angle of 16~15'31" and a chord Of which hears S 12~37'36" E, 6 feet; ' thence $ 20045'25" E., 29.17 feet; thence 73.78 feet along a curve to fhe right, having a radius of 28.25 central angle of 149~38'18" and a chord of which bears S 54 °03'44" W, feet~: ....... thence N 51007'35" W~ 49.23 feet; thence 61.12 feet along a cumve to the right, having a radius Of 115.5 a central angle of ~0~18'33" and a chord of which bears N 24°43'4I" W, feet; thence N 09"34 '25" thence N 0I~39'08" thence N 89~43'08'' thence S 28"30'08" thence S 5I"35'08" thence S 03~0I '52" thence S 41 °36 '08" thence N 75"03'08" thence $ 87~I8'51" thence S 51~35'08" thence S 07014'44" thence S 39"20'50" thence S 24"09'52" thence $ 00"18'48" W, 210.91 feet; W, 121.71 feet; W, 332.45 feet; E, 1092.47 feet; E, 200.60 feet; W, 132.10 feet; E, 102.00 feet; E, 142.45 feet; E, 22.16 feet; E, ~54.20 feet; W, 661.80 feet; W, 355.48 feet; E, 1185.63 feet to the boubdary of Wildcat Ranch; Continued on next page continuation of Schedule A - Legal Description Order Number: 00024304 thence along the boundary of thence N 63°09'$6" E, 562.10 thence N 35"20'$6" E, thence N 39"51 'I4" E, thence N 63°02'I4" E, thence N 72QI9'37" E, 577.52 thence N 39"5I '31" E, 700.41 thence N 76"01'41" E, 663.19 thence N 80"51'09" E, 563.90 thence S 66"02'39" E, 573.$2 thence N 85"39'4I" E, 897.65 thence S 75"40'27" ~, 625.25 thence N 03"06'45" W', 619.18 thence S 89"17'23" thence N 00°10'41" thence 287'~I9 feet a cemtral angle of feet; thence N 12"05'10" Wildcat Ranch; feet~ 678.I8 feet; 69.90 feet; 254.97 feet; feet; feet; feet; feet; feet; feets feet; feet departing ch, Wildcat Ranch boundar] 315.27 feet; W, 3420.42 feet; along a C.~r~e to ~he right, having a radius of 215. 49"$3'00" and' a chord of which bears N 48°16'32. E, 498.35 feet to the Point of Beginning. W~t.arcel of land situated in Sections 1 and 12, Townshi South, Ran9 and Sections 6 and 7, Township 9 South, Range 85/ of the 6th Beginni~ at the point whence the South East Co ~r of said Section 6 47"43'27~ , 2695.78 feet; · thence N ~21'40" ~ 130.14 feet to the boundary of the Amen DoubleX circle'Ranch thence along a curve to having a radius of 1332139 feet central angle of and a chord of which bears 56"34'I0" W, feet; thence N $8~44 173~37 fee~ thence S 11~$9'51" 9.0.43 thence $ 77~32'38" thence N 74"43'03" W, thence N 60"37'22" W, ;0 feet; thence N 46~30'52" W, feet; thence S 52"48'51" thence S 2i~06'35~ 21.98 ~et; thence S 19"52' W, 40.49 fe~; thence S 29~, W~ 202.33 fee~ thence 451.~ along,a ~urve ~the right, having a radius of 427. a of 60~29 11 and a ~ord of which bears S 59"18'04" W, feet; then~ 89"32'~0" W, 237.61 feet; e ~ 62"31'42" W, 124.21 feet; e N 6I~07'58" W, 14.95 feet; Continued on next page Michael Kinsley, 04:39 PM 6/28/2005, Watson Divide Ranch X-Sender: kinsley~storm.rmi.org Date: Tue, 28 Jun 2005 16:39:21 -0600 To: ezral~ci.aspen.co.us From: Michael Kinsley <kinsley~rmi.org> Subject: Watson Divide Ranch X-Processed-By: Rebuild vl.50-1 X-Spam: [F=0.0003465354; B=0.500(0); BMI=0.500(none); S=0.033(2005051801); MH--0.500(2005062811 ); R=0.010(s0/n173); SC=none; spf=0.500] X-MAIL-FROM: <kinsley~rmi.org> X-SOURCE-IP: [12.155.152.73] X-Brightmail-Tracker: AAAAAA== X-MailScanner-Information: Please contact the ISP for more information X-MailScam~er: Found to be clean Page 1 of 1~ Dear Ezra The Snowmass Capitol Creek Caucus Master plan has set Caucus policy on the TDR issue. It opposes use of TDRs for any square footage in excess of 8,250. Additionally, the Board indicated that15,000 sq ft already greatly exceeds the Master Plan's goal of house sizes of 5750 sq ft, or less, [as expressed also by a solid majority of residents in the survey conducted by the Caucus]. Therefore, at its regular meeting on June 20, 2005, 'all members of the Caucus Board, except two who abstained, voted to oppose this application based on the Caucus master plan. During Board's discussion of this application, a separate question arose: The Board would like to remind that County of a Caucus letter of January 26 and an email message of June 16 in which the Caucus requests the restoration of the meadow on the west side of the top of Watson Divide, which meadow has been an open excavated scar for about two years. Michael Kinsley President Board of Directors Snowmass / Capitol Creek Caucus Box 507 Snowmass CO 81654 Printed for Ezra Louthis <ezral~co.pitkin.co.us> 7/7/2005 I I I I I I I I ! I Watson Divide Ranch 2005 Application for Transfer Of Development Rights (TDRs), Special Review For Transferable Development Rights and Residential Development With More Than Fifteen Thousand Square Feet Of Residential Floor Area I I I Watson Divide Ranch i i I 2005 Application for Transfer Of Development Rights (TDRs), Special Review For Transferable Development Rights and Residential Development With More Than Fifteen Thousand Square Feet Of Residential Floor Area May 24, 2005 I ! i i I I i Submitted to: Owner: Prepared by: Pitkin County c/o The Community Development Dept. 130 South Galena Street Aspen, Colorado 81611 Phone: 970.920.5526 Facsimile: 970.920.5439 Watson Divide Ranch, Inc. c/o Joseph Wells Land Planning 602 Midland Park Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsimile: 970.920.4378 Joe Wells Joseph Wells Land Planning 602 Midland Park Place Aspen, Colorado 8161 l Phone: 970.925.8080 Facsimile: 970.920.4378 I i I I I I I i I i ! i I ! ! ! I i I I i i CONSULTANT TEAM Architects: Bill Poss and Associates 605 East Main Street Aspen, Colorado 81611 Phone: 970.925.4755 Facsimile 970.920.2950 Landscape Architects: DHM Design Corporation 580 Main Street, Suite 1 I0 Carbondale, Colorado 81623 Phone: 970.963.6520 Facsimile 970.963.6522 Ranch Consultants: W2 Design, Ranch Management Consultants 617 West Main Street, Unit G Aspen, Colorado 81611 Phone: 970.544.5999 Facsimile 970.544.4885 Wildlife Consultants: Western Ecosystems, Inc. 905 West Coach Road Boulder, Colorado 80302 Phone: 303.442.6144 Facsimile 303.442.6144 Geologists & Geotechnical Consultants: CTL Thompson, Inc., Consulting Engineers 234 Center Drive Glenwood Springs, Colorado 81601 Phone: 970.945.2809 Facsimile 970.945.7411 ! i I I I I i ! I i I I ! ! i I ! i i I1. III. IV. VI. TABLE OF CONTENTS Page INTRODUCTION. PROPOSED DEVELOPMENT. TRANSFER OF DEVELOPMENT RIGHTS (TDRs) (Sec. 3-310, Subsec. 4-60-095&Sec. 5-250). 13 SPECIAL REVIEW FOR TRANSFERABLE DEVELOPMENT RIGHTS (SECS. 3-210, 4-50 & 5-50). 29 RESIDENTIAL DEVELOPMENT WITH MORE THAN FIFTEEN THOUSAND SQUARE FEET OF RESIDENTIAL FLOOR AREA (SEC. 3-200-090, , 4-50 & 5-50). 41 EXHIBITS A. Background Information. Al. Vicinily Map. A2. Pre-Application Conference Summary. Letter of Consent to the Application signed by Thomas Wheeler, Authorizing the Filing of an Application for Minor Amendments to a Development Permit. A3. A4. Agreement for Payment of Development Application Fees signed by Thomas Wheeler. A5. Disclosure of Ownership. Stewart Title Guaranty Company A6. Aspen Village, Inc. 1041 Hazard Review, Scenic Overlay and Caretaker and Employee Dwelling Unit Site Plan (Book 41 @ Page 39). Deed of Development Rights and Assignment of Irrevocable Certificate of Transferable Development Right from Blueridge Capital Corporation, Grantor and Cadogan Resources, Ltd., Grantee (Reception No. 446796) A7. Deed of Development Rights and Assignment of Irrevocable Certificate of Transferable Development Right from Cadogan Resources, Ltd., Grantor and Thomas R. Wheeler, Grantee (Reception No. 503718) A8. i i i I I I i I i ! I I I i I I i i ! B. Prior County Actions Regarding Watson Divide Ranch: B1. County BOCC Resolution 96-143 as Adopted, Vacating the Aspen Village Commons Subdivision and Associated Affordable Housing; Granting Scenic Overlay Approval of the Single Family Homesite, Single Family Parcel 1041 Hazard Review Approval, GMQS Exemption and Special Review for Caretaker Unit; Conceptual Submission Approval for a Single Family Homesite near Watson Divide; Special Review Approval for a Ranch Manager Employee Dwelling Unit on the Ranch Parcel. B2. County BOCC Resolution 98-86, Granting Extension of Vested Real Property Rights for Aspen Village, Inc. 1041 Hazard Review Approval (Resolution 96-143) for Lot A (Single Family Homesite and Caretaker Dwelling Unit Parcel) & Lot B (Ranch Parcel). B3. County BOCC Resolution 233-2002, Granting Approval of the Watson Divide (Aspen Village, Inc.) Minor Amendment to a Development Permit. i I I I I I i I i I I i I ! I I I I I I. INTRODUCTION: This application for floor area in excess of 15,000 sq. fl. utilizing a Transferable Development Right ("TDR") and related reviews is submitted on behalf of Watson Divide Ranch, Inc., owner ("Owner") of Watson Divide Ranch (the "Ranch"). The Ranch includes two parcels totaling 830 acres along both sides of Watson Divide Road (County Road No. 8) (refer to Vicinity Map, Exhibit Al). Upon approval, the additional square footage will be added to the residence presently under construction on Lot A, which includes 554 acres. In the mid-1990's, the Bartos family, long-time owners of the Ranch, transferred ownership of the Ranch, the adjacent mobile home park and convenience store site to a conservation group, who took title to the property under the name of Aspen Village, Inc. ("Aspen Village"). Aspen Village then submitted, in 1995, a land-use application to vacate a 14-lot residential subdivision on the lower portion of the Ranch previously approved by the County, to subdivide the mobile home park so that the owners of the mobile homes could acquire the lots and to rezone the Aspen Quick Mart site to the B-2 zone category. Aspen Village's 1995 land-use application also requested 1041 Hazard Review, Scenic Overlay and Conceptual Submission approval for a single residential home site and caretaker unit on the west side of Watson Divide on Lot A of the Ranch. Access to the residential building site on Lot A from Watson Divide Road by way of an 1,800 foot long driveway was approved to the Development Envelope. Finally, the application also requested approval of Development Envelopes for agricultural outbuildings and a ranch manager's residence on the lower meadow, near Highway 82 (Lot B). Aspen Village's application received BOCC approval in April, 1996 as documented under BOCC Resolution No. 96-143 (refer to Exhibit B1). The Vested Property Rights were subsequently extended under Resolution No. 98-86 (refer to Exhibit B2). Aspen Village later established a Conservation Easement for the Ranch which preserves, with the exception of the established development envelopes and accesses, the remainder of the Ranch as I I perpetual open space. In 1998, Aspen Village sold the Ranch to Watson Divide Ranch, Inc., the current owner of the property. i i I ! After acquiring the Ranch, the Owner retained Bill Poss and Associates, Architects to design the single-family residence and related improvements on Lot A. The architects sought to comply with the intent of the design standards previously established for the residence through the use of deep overhangs and natural materials with a color palette that blends with the surrounding landscape. The architects have also used smaller, segmented roof forms utilizing primary geometry as found in traditional ranch architecture in the valley. I I ! A building permit for the residence was obtained in the spring of 2004, following approval by the BOCC of minor amendments to the prior approvals which established amended design criteria for the roofs under Resolution No. 233-2002 (refer to Exhibit B3). Access and underground utilities have been extended to the residential building site and construction of the residence is well underway. i I I i The specifics of the proposal are explained in Section II of this application, beginning on page 3. The Code requirements related to Transferable Development Rights are addressed below in Section III of this application beginning on page 13. Special Review for Transferable Development Rights is addressed in Section IV, beginning on page 29 and Residential Development with more than Fifteen Thousand Square Feet of Residential Floor Area is addressed in Section V, beginning on page 41. The supporting documents for the application are provided in Section VI, Exhibits. I I 9 I I I I I I I I i I I I I I I I I I I II. PROPOSED DEVELOPMENT: The Applicant proposes to add 2,385 sq. fi. of floor area to the residence in four locations. First, two existing subgrade areas identified as crawl spaces under the current building permit which are on either side of the lower level of the residence will be converted to living space. The western area totals 902 sq. fi. and will be used for an A/V Room and Kid's Game Room. The eastern area totals 1026 sq. ft. and will be used for a bunk room and spaces accessory to the Exercise Room. These two changes are illustrated on the two versions of Sheet A-110 following page 4. The two versions of the Lower Level Plan illustrate the lower level as shown on the permit set and as proposed under this application. Sheet A-210 illustrates the location of these two spaces on the elevations for the residence and Sheets A-303 and A-308 are sections through the two spaces. Secondly, a small covered area of 51 sq. fi. in the internal courtyard adjacent to the garage which serves as the garage entry is proposed to be enclosed. This change is illustrated on the partial main level floor plans on Sheet A-120 and ihe elevation on Sheet A-220. Finally, a new trellis is proposed over the living room terrace to shade the enclosed living space. According to the Zoning Officer's interpretation of the Code, 406 sq. ft. of additional floor area is required to be counted in floor area calculations as a result of the addition of this exterior trellis. The trellis which is proposed to be added is illustrated on Sheet A-TDR. The applicant requests that the balance of the floor area remaining in the development right (115 sq. fi.) be preserved for future use on the property. Overall, the additional square footage proposed has a positive visual impact on the structure compared to the residence as approved under the current building permit. The two subgrade spaces and the main level garage entry in the inierior courtyard create no additional visual impact to those viewing the home from locations off of the property. The trellis shades a portion of the living room window wall. The effect of the addition of the trellis will be to create additional areas along the south and west facades that are in shadow at times during the day, thereby reducing the perceived mass of the structure and reducing glare from a portion of the window walls. I I I i I I I I I I I I i I I I I I The applicant has purchased a Deed of Development Rights from Cadogan Resources, Ltd. to use for the purpose of additional floor area, as proposed. The deed of Development Rights was originally recorded on September 6, 2000 at Reception No. 446796. The new deed was recorded on October 27, 2004 at Reception No. 503718 (refer to Exhibits A7 and AS). 4 :-I N [] / / ,] [] [] P~AT~ON I~IV'I~E f~J~NCH U U LJ [] ~U T [] [] pLA'Fr--~ON [] [] III. TRANSFER OF DEVELOPMENT RIGHTS (TDRs) (Sec. 3-310, Subsec. 4-60-095 & Sec. 5-250): The applicant proposcs to utilize the provisions of Sec. 3-310 of the Code to establish Lot A, the residential building site at Watson Divide Ranch, as a receiver site for one TDR. The TDR will be Used for 2,500 sq. fi. of additional floor area within the residence. In October, 2004, the applicant purchased from Cadogan Resources Ltd. the Transferable Development Right and Irrevocable Certificate of TDR No. 1R-00-11 CH issued on July 3 l, 2000. The Preservation Site for the TDR includes the south 3/4 of the Legal Tender, the Badger and the H. D. Fisher mining claims (MS 4832) in the Frying Pan Mining District. Cadogan acquired the TDR from Blueridge Capital Corp. in September, 2000.from the owner of a preservation site in order to transfer it to the Property. III A. PURPOSE AND APPLICABILITY (SUBSEC. 3-310-010): III A.I. Purpose (Subsec. 3-310-010 A): This application is consistent with the purpose of the transfer of development rights ,, provision of the Code, which is to provide for the protection oflands within the Rural/Remote Zone District and to provide the owners of property within that district with a program of equitable mitigation which assures property owners of an economically beneficial use of their property. The program of equitable mitigation is achieved by making development rights appurtenant to lands within the Rural/Remote Zone District transferable to other'lands within PitMn County where development is more appropriate in accordance with all applicable Pitkin County land use regulations, codes and plans. " III A.2. Applicability (Subset. 3-310-010,, B): Under the provisions of Sec. 3-310-010 B, Development rights shall be transferable from any preservation site within the Rural/Remote Zone District to any approved receiver site. A receiver site for TDRs shall comply with the standards and criteria of this section ,, and be approved by special review pursuant to Subsec. 3-210-010. The provisions of Special Reviw (Subsec. 3-210-010) are addressed in Section IV of this application, beginning on page 29. I I I I I I I I I I I I I I I I I I I II1 B. GENERAL STANDARDS AND CRITERIA (SUBSEC. 3-310-020): III B.I. General Standards and Criteria for Preservation Sites (Subsec. 3-310-020 A): 11I B.l.a. Development Rights Appurtenant to Preservation Sites May be Severed from the Site and Converted into TDRs (Subsec. 3-310-020 A.I): "In addition to any other use permitted in the Rural/Remote Zone District, preservation shes shall have development rights, or TDRs, which may be severed and transferred to receiver sites. The severance of development rights from a preservation site, and creation of TDRs, shah be accomplished through the procedure outlined in Subsec. 4-60-095." The development rights associated with from the proposed preservation site have previously been severed from the site (refer to Exhibits A7 and AS). The applicant proposes to transfer that right to the building site under the procedure outlined in Subsec. 4-60.95. II! B.l.b. Every 35 Acres Associated With One TDR (Subsec. 3-310-020 A.2): "For every 35 acres, each preservation site shall be associated with one TDR, provided that fractions of TDRs shall not be considerecL A preservation site less than 35 acres in size shall also be associated with one TDR, except for purposes of aggregation within the Rural/Remote zone." The County has previously recognized one development right associated with the preservation site, which is a parcel of less than 35 acres in size. III B.l.c. Transfer of Fractions of TDRs Prohibited (Subsec. 3-310-020 A.3): "The transfer of less than one TDR, or any fractianal interest of less than a whole number, is prohibitetL " The transfer of less than one TDR, or a fractional interest of less than a whole number, is not proposed. 14 I ! I I I I I I I I I 1II B.l.d. Preservation Sites Shall be Located in the Rural/Remote Zone District (Subsec. 3-310-020 A.4): "A preservation site shah be located within the Rural/Remote Zone District." The preservation site is located within the Frying Pan Mining District, in the Rural/Remote Zone District. II1 B.l.e. Preservation Sites Shall be Legally Created and Are Subject to Cumulation Provisions (Subsec. 3-310-020 A.5): ~ preservation site shah be a legally createdparcel and is subject to the cumulation provisions of Subsec. 6-50-020." The preservation site has been recognized by the County as a legally created parcel and is not considered merged with other parcels under the cumulation provisions of Subsec. 6-50-020 of the Pitkin County Land Use Code. The three claims are not contiguous to other claims under the same ownership. III B.I.L Preservation Sites Shall be Deed Restricted Against Further Development (Subsec. 3-310-020 A.6): "Upon severance of a TDR from a preservation site, the preservation site shah be deed restricted against aH further development, as that term is defined in Sec. 8-1. The form of deed restriction must be approved by the County Attorney." I I Severance of the TDR from the preservation site has previously occurred and the preservation site has been deed restricted against all further development, as that term is defined in Sec. 8-1. I III B.l.g. Legally Created Structures on Preservation Sites (Subsec. 3-310-020 A.7): I I I "One legally created structure up to one thousand (1,000) square feet in size may be retained on a preservation site, and one TDR severed, subject to special review approval and the following additional standards and criteria: The structure must pre-date the enactment of the Rural/Remote Zone District; iL The structure must be one thousand (1,000) square feet or less in size; I I 15 I I I I I I I I I I I I I I I I I I I iiL viL The structure must be deed restricted to category employee housing as specified by the Board of County Commissioners; The preservation site mast be restricted against all further development, as that term is defined in Section 8-1, in a form acceptable to the County Attorney; The structure may never be expanded; The structure may not be subdivMed, separately conveyed or otherwise separated from the underlying preservation site; and The structure must be on at least thirty-five (35) acre parcel, or must be on a legally created separate parcel that is substandard in size. Subdivision shah not be permitted to create parcels less than thirty-five (35) acres in size." The applicant does not believe that there are any legally created structures on the preservation site which comply with the standards and criteria of Subsec. 3-310-020 A.7. Ill B.2. General Standards and Criteria for Receiver Sites (Subsec. 3-310-020 B): III B,2.a. Receiver Site Must Obtain Special Review Approval (Subsee. 3-310-020 B.1): "No development of a receiver site with TDRs shah be carried out unless such development complies with the standards and criteria of this section and has been approved by special review pursuant to Subsec. 3-210-010': The requirements of Special Review (Sec. 3-210) are addressed in Section IV of this application, beginning on page 29. III B.2.b. Receiver Site Has Potential to Receive TDRs (Subsec. 3-310-020 B.2): "In addition to any other use permitted by the applicable zone district, a receiver site shah be eligible for development with TDRs. The transfer of a TDR to a specific receiver site shah be accomplished through the procedure outlined in Subsec. 4-60- 095." 16 I I I I I The applicant's property is eligible to be designated as a receiver site for additional square footage. The requirements of Sec. 4-60.95 are addressed below in Section Ill F, beginning on page 23. II1 B.2.c. Receiver Site Located Anywhere in Pitkin County (Subsec. 3-310-020 B.3): ",4 receiver site may be located anywhere in Pitkin County, subject to the standards and criteria of this section and the special review criteria of Subsection 3-210-010." I I The receiver site is located in the so-called Rural portion of Pitkin County and is in conformance with the provisions of Sec. 3-310-020 B, as discussed in this Section III B.2. The special review criteria of S ubsec. 3-210-010 are addressed in Section IV, begirming on page 29. I III B.2.d. Uses Proposed on Receiver Site Must Be Consistent With Underlying Zone District (Subsec. 3-310-020 B.4): I I I I I I I I I "Except as expressly authorized in this section, all development of the receiver site shall comply with each and every requirement of the applicable zoning district regulations." The proposed development of the receiver site is in compliance with the requirements of the RS-30 zone district regulations. III B.2.e. Aggregation of TDRs Permitted on Single Receiver Site (Subsec. 3-310-020 B.5): "Multiple TDRs may be allowed through special review to be aggregated from different preservation sites for development on a single receiver site, provided that the bulk area restrictions of the underlying zone district of the receiver site may be exceeded only as authorized by this provision." Aggregation of multiple TDRs from different preservation sites for development on a single receiver site is not proposed at the present time. III C. Standards and Criteria for the Transfer of Development Rights from a Rural/Remote Preservation Site to a Receiver Site Located Outside of the Rural/Remote Zone District (Sec. 3-310-030): I I 17 I II1C.I. Transfer of Development Rights Requires Approval by Special Review (Subsec. 3-310-030 A): I I "The transfer of development rights from a preservation site to a receiver site which is not located in the Rural/Remote Zone District may require special review approval and shall be subject to each and every requirement of the Code, except as expressly provMed for in this section." I I I I I I I I I I The requirements of Special Review (Sec. 3-210) are addressed in Section IV of this application, beginning on page 29. The relevant requirements of the code are addressed in this application. III C.2. TDRs May be Severed from Preservation Sites for Use Outside the Rural/ Remote Zone District for Additional Floor Area and New Development Rights for Residential Development (Subsec. 3-310-030 B): "Upon compliance with ali of the provisions of this section, TDRs may be used on receiver sites for": III C.2.a. Additional Floor Area up to or in excess of fifteen thousand (15,000) square feet (Subsec. 3-310-030 B.1): "Based on the standards and criteria of this section, TDRs may be severed from preservation sites and transferred to receiver sites located outside of the Rural/Remote Zone District to obtain additionalJloor area for residential development, except where there is an underlying floor area ratio that limits the allowed square footage and/or a development approval that limits the square footage allowed and does not provide for the use of TDRs;' The applicant proposes to transfer a TDR to a proposed receiver site which is located outside of the Rural/Remote Zone District to obtain approval of floor area in excess of fifteen thousand (15,000) square feet for residential development. I I I I I III C.2.b. New Development Rights (Subsec. 3-310-030 B.2): "Bused on the standards and criteria of this section, TDRs may be severed from preservation sites and transferred to Receiver Sites located outside of the Rural/Remote Zone District to avoid growth management competition to create a new development right for new residential structures and/or accessory structures up to five thousand seven hundred and fifty (5, 750) square feeL" Use of TDRs to create a new development right for new residential structures and/or I I I I I I I I I I I I I I I I I I I accessory structures up to five thousand seven hundred and fifty (5,750) square feet is not required for the property. III C.3. Standards and Criteria for the Use of TDRs for Additional Floor Area on Receiver Sites Outside of the Rural/Remote Zone District (Subsec. 3-310-030 C): 1II C.3.a. TDRs in-lieu-of GMQS (Subsec. 3-310-030 C.1): "TD .... Rs may be used to avotd growth management competttton and to obtam additional ftoor area up to fifteen thousand (15,000) square feet as follows": i. One TDR = 2,500 square feet of floor area. "Subject to all necessary procedures and approvals, one TDR shall be associated with a total of two thousand five hundred (2,500) square feet of floor area for additionalJloor area up to fifteen thousand (15,000) square feet of floor area." ii. Total Floor Area Reserved. ".4 portion of the two thousand five hundred (2,500) square feet of ftoor area associated with one TDR may be reserved for future development on the same site exempt from growth managemena " ii£ "Transferable development rights from any preservation site in unincorporated PitMn County may be used on any receiver site in unincorporated Pitkin County for additionai floor area up to-fifteen thousand (15,000) square feet of ftoor area." The applicant has previously established the right to build a 15,000. sq. ft. residence and therefore is not proposing to use TDRs to avoid growth management competition or to obtain additional floor area up to fifteen thousand (15,000) square feet. III C.3.b. TDRs for Additional Floor Area in Excess of 15,000 Sq. Ft. (Subsec. 3-310-030 C.2): "TDRs may be used to obtain additional floor area in excess of fifteen thousand (15,000) square feet of floor area as folloWS".. i. One TDR = 2,500 square feet of floor area: "Subject to all necessary procedures and approvals, one TDR shall be associated with a total of two thousand five hundred (2,500) square feet of floor area for additional floor area in excess of fifteen thousand (15,000) square feet of ftoor area." 10 I I I I I I I I I I I I I I I I I I I ii. Total Floor Area Reserved: "A portion of the two thousand five hundred (2,500) square feet of floor area associated with one TDR may be reserved for future development on the same site exempt from growth managemenL " iii. TDRs Transferrable to Specific Areas: "Transferable development rights from any preservation site within the Rural Area may be transferred to a receiver site located within Urban Growth Boundary areas or within the same planning area where the preservation site is located (Le. Snowmass/Capitol Creek, Woody Creek, Independence, or Maroon/Castle Creel). Transferable development rights from a preservation site located within the Crystal or Fryingpan River areas may be transferred to a receiver site within the Rural Area or within the same planning area where the preservation site is located." The applicant is requesting approval for 2,500 square feet of additional floor area in excess Of fifteen thousand (15,000) square feet of floor area previously allowed on the building site. The applicant proposes to reserve the unused portion of the 2,500 square feet of floor area associated with the TDR for future development on the same site exempt from growth management. III C.3.c. Additional Floor Area Not Available (Subsec. 3-310-030 C.3): "AdditionalJloor area shah not be available to any receiver site where: i. "The underlying zone district contains a floor area ratio restriction that would not permit the square footage of floor area ~ought; and/or" ii. "A prior development approval limited the square footage allowed, and there was no provision for the use of TDRs to exceed the allowed squarefootage." The underlying RS-30 zone district does not contain a floor area ratio restriction that would not permit the square footage of floor area sought and the prior development approval did not limit the square footage allowed (refer to Exhibits B1 and B2). Ill C.4. Standards and Criteria for the Use of TDRs for New Development Rights (Subsec. 3-310-030 D): "TDRs may be used to avoid growth management competition and to create a new development right for new residential structures and/or accessory structures up toJ~ve thousand seven hundred and.fftf~y (5, 750) square feet of Jloor area as follows:" 9¸0 I I I I I I I I I I I I I I I I I I I !II C.4.a. One TDR = 5,750 square feet of floor area. "Subject to all necessary procedures and approvals, one TDR shall be associated with a total of five thousand seven hundred and fifty (5,750) square feet of floor area for a new development righ£ Additional floor area beyond five thousand seven hundred and fifty (5, 750) square feet may be acquired exempt from growth management competition through the use of TDRs us provided itt Section 3-310- 030(C)." IlI C.4.b. Total Floor Area Reserved. "`4 portion of the five thousand seven hundred and fifty (5, 750) square feet of floor area associated with one TDR may be reserved for future development on the same site exempt from growth managemen~ " III C.4.c. TDRs Transferrable to Specific Areas: "Transferable development rights from any preservation site within the Rural ,4rea may be transferred to a receiver site located within Urban Growth Boundary areas or within th e same planning area where th e preservation site is located (6 e. Snowmass/Capitol Creek, IVoody Creek, Independence, or Maroon/Castle Creek). Transferable development rights from a preservation site located within the Crystal or Fryingpan River areas may be transferred to a receiver site within the Rural ,4rea or within the same planning area where the preservation site is locatea~ ' III C.4.d. Effect of Underlying Zone District: ".4 receiver site for a new development right shall not be eligible for five thousand seven hundred and fifty (5, 750) square feet of floor area, if the underlying zone district contains a floor area ratio restriction that would limit the receiver site to less than five thousand seven hundred and fifty (5, 750) square feet of floor area." The applicant is not proposing to use TDRs to avoid growth management competition or to create a new development right for new residential structures and/or accessory structures up to five thousand seven hundred and fifty (5,750) square feet of floor area. Therefore, the standards of Subsec. 3-310-030 D do not apply to the proposal. III D. Standards and Criteria for Transfer of Development Rights from a Preservation Site to a Receiver Site Located Within the Rural/Remote Zone District (Subsec. 3-310-040): Iti D.I. Transfer of Development Rights Requires Approval by Special Review (Subsec. 3-310-040 A): ?l I I I I I I I I I I I I I I I I I I I "The transfer of development rights from a preservation site to a receiver site located within the Rural/Remote Zone District shall be approved by special review pursuant to the standards and criteria of this Section, Subsec. 3-210-010 and shall be subject to each and every requirement of the Pitkin County Land Use Code." III D.2. TDRs May be Severed from Preservation Sites for Use Within the Rural/Remote Zone District for New Development Rights (Subsec. 3-310-040 B): "Bused on the standards and criteria of this section and special review pursuant to Subsec. 3-210-010, TDRs may be severed from preservation sites and transferred to receiver sites located within the Rural/Remote Zone District to avoid growth management competition to create a new development right for new residential structures and/or accessory structures up to one thousand (1,000) square feeL A TDR may be severed from a preservation site that is less than thirty-five (35) acres in size, provided that it wus legally created, to create a new development right for a receiver site within the Rural/Remote DistricL " III D.3. Preservation and Receiver Sites Must Be Located Within Same Planning Area (Subsec. 3-310-040 C): "Preservation sites must be located within the same planning area where the receiver site propused for the GMQS exemption is located The planning areus are defined by Ordinances No. 94-16, No. 95-24, No. 99-13 and are known as: the Little Annie/Richmond Hill planning area; the Maroon/Custle planning area; the Independence/Lincoln planning area; the Woody Creek/Hunter Creek planning area; the Fryingpan planning area; and a portion of the White River National Forest Maroon Bells-Snowmass wilderness area and the area surrounding the confluence of the Bulldog and Avalanche Creeks, including a 40+ acre parcel comprised of the Amazon Lode, the Anderson Lode, the Bunker Hill Lode and the Muscott Lode Mining Claims planning area. ' The applicant is not proposing to transfer development rights from a preservation site to a receiver site located within the Rural/Remote Zone District. Therefore, the standards of Subsec. 3-310-040 do not apply to the proposal. III E. Standards and Criteria for Transfer of Development Rights Vested Prior to the Adoption of the Rural/Remote Zone District (Subsec. 3- 310-060): "To the extent a preservation site has development rights which vested prior to the adoption of the Rural/Remote Zone District, such development rights may be severed and transferred as TDRs to receiver sites located outside of the Rural/Remote Zone District in accordance with the procedures set forth in Subsecs. 4-60-095, 4-70-025 and 4-80-025 below. In ?~ I I I I I I I I I I I I I I I I i I I addition to the standards and criteria set in Subsecs. 3-310-020(~4) and (B) above, the following standards and criteria shall apply and supersede Subsecs. 3-310-020(A) and (B) to the extent of any conflict." III E.I. Development Rights Must be Vested Prior to the Adoption of the Rural/Remote Zone District (Subsec. 3-310-060 A): "To be eligible for transfer pursuant to the provisions of this section, development rights must be vested as defined by the Pitkin County Land Use Code prior to the adoption of the Rural/Remote Zone District (November 15, 1995). To the extent development rights exist by virtue of a final, nonappealable court order, such development rights shall also be eligible for severance and transfer as TDRs to receiver sites." III E.2. Transfer of Development Rights Limited to Receiver Sites Located Outside of the Rural/Remote Zone District (Subset. 3-310-060 B): he transfer of development rights pursuant to this sectton shall be lmuted to recetver sites located outside of the Rural/Remote Zone DistricL " III E.3. Transfer of Development Rights Subject to Provisions of Subsection 3-310- 030 and GMQS Exemption Limited (Subsec. 3-310-060 C): "TDRs may be transferred to receiver sites located outside of the Rural/Remote zone, subject to the provisions of Subsec. 3-310-030. The receiving site shall be eligible for an exemption from the growth management quota systems as set forth in Subsec. 3-310- 030." III E.4. Gross Floor Area in Excess of 15,000 Sq. Ft.: "However, where the total gross floor area of a residential dwelling unit seeking a GMQS exemption is greater than fifteen thousand (15,000) square feet, a GMQS exemption shall only be granted if the total square footage transferred to the unit equals or exceeds seventy-five percent (75%) of the total square footage of the residential uni~ " To the applicant's knowledge, the preservation site does not have development rights which vested prior to the adoption of the Rural/Remote Zone District. Therefore, the standards of Subsec. 3-310-060 do not apply to the proposal. III F. SPECIAL PROCEDURES FOR THE TRANSFER OF DEVELOPMENT RIGHTS (SUBSEC. 4-60-095): Ill F.I. Procedures (Subsec. 4-60-095 A): The sale and transfer of development rights shall be carried out as follows: I I I I I I I I I I I I I' I I I I I I III F.l.a. Procedure to Sell or Transfer a Development Right (Subsec. 4-60-095 A.I): The procedure to sell or transfer a development right shall be as follows: III F.l.a.i Irrevocable Certificate of TDRs for a Preservation Site (Subsec. 4-60-095 A.l.a): "Any person who sells a development right from a preservation site must first obtain an irrevocable certificate of TDRs for a preservation site from the Pitkin County Community Development DepartmenL An irrevocable certificate of TDRs on a preservation site shall only be issued where: the preservation site meets all of the standards and criteria set forth in Subsection 3-150-160(B)(1) above. The issuance of an irrevocable certificate of TDRs is additionally subject to the following: An irrevocable certificate of TDRs must be issued concurrently with the severance of the development right from the preservation site and execution of a deed restriction for the preservation site. ~4n irrevocable certificate of TDRs for a preservation site must be issued or denied by Community Development Departrnena " A prior owner of the three claims which make up the TDR proposed to be used for additional square footage previously obtained a Certificate of Development Rights (refer to Exhibit A7). III F.l.a.ii. Deed Restriction of Preservation Site (Subsec. 4-60-095 A.l.b): "Concurrent with the issuance of an irrevocable certificate of TDRs, the owner of the preservation site shah execute and record a deed restriction on the parcel which acknowledges that the development right has been severed from the parcel and that future development as defined by the Land Use Code is prohibited. The deed restriction shall be in conformance with the form provided in Subsec. 5- 250-020 of the Land Use Code, and/or shall be approved by the Community Development Departmen~ " An Irrevocable Certificate of Development Rights has previously been issued for the Preservation Site. III F.l.a.iii. Sale of TDRs (Subsec. 4-60-095 A.l.c): "An irrevocable certificate of TDRs may be sold, transferred or conveyed. A deed evidencing the sale, conveyance or transfer of an irrevocable certificate must be ~4 I I I I I I I I I I I I I I I I I I I recorded with the Pitkin County Clerk and a copy delivered to the Community Development DepartmenL " The applicant has purchased the Irrevocable Certificate of TDR for the three mining claims (refer to Exhibit AS). III F.l.a.iv. Development Rights Appurtenant to Land (Sec. 4-60-095 A.l.d): "The owner of any parcel of land may transfer any development rights allocated to his parcel of land at any time to any person, provided, however, that the use rights and the value thereof shall be deemed for taxation and all othet purposes to be appurtenant to the land until such time as the rights are severed from the land pursuant to issuance of an irrevocable certificate of TDRs and recordation of a preservation deed restriction. Upon severance of the use rights from the land, the value of the land for taxation purposes will be re-assessed." The owner of the three claims has previously transferred the development right allocated to his property. III F.l.b. Procedure for Approval of Receiver Sites Using TDRs (Subsec. 4-60-095 A.2): The procedure for approval of receiver sites using TDRs is as follows: III F.l.b.i. Approval of Receiver Sites Using TDR Rights Shall be by Special Review (Subsec. 4-60-095 A.2.a): "No TDRs may be used on any receiver site without obtaining special review approval pursuant to Subsec. 3-210-010 of the Pitkin County Land Use Code. See Subsections 4- 70-025 and 4-80-025for additional procedures for the transfer of one or more TDRs, where subdivision review is required." Special review approval pursuant to Subsec. 3-210-010 of the Pitkin County Land Use Code is requested in Section IV of this application, beginning on page 29. The requirements of Subsec. 4-70-025 are not required to be addressed because subdivision review is not required for the proposed development and and requirements of Subsec. 4-80-025 are not required to be addressed because only one TDR is being transferred to the site. i ! I I i I I i i I I I ! ! ! i 11I F.l.b.ii. Application for Special Review of Potential Receiver Site for TDRs (Subsec. 4-60-095 A.2.b): "An application for special review of a potential receiver site for TDRs must include all materials required in connection with a special review pursuant to Sec. 3-210 of the Pitkin County Land Use Code." The requirements for special review pursuant to Sec. 3-210 of the Pitkin County Land Use Code are included in Section IV of this application, beginning on page 29. III F.l.b. iii. Approval, Approval With Conditions or Denial of Special Review Application (Subsec. 4-60-095 A.2.c): "The Board of County Commissioners shall approve, approve with conditions or deny the application, provided that where the proposed development requires rezoning, subdivision or planned development approval the process shall follow the normal procedures and time-frames set forth in the Pitkin County Land Use Code. As a condition of building permit submittal the applicant shall submit an executed irrevocable certificate(s) of TDRs and a recorded deed evidencing the sale or transfer to the applicant of the irrevocable certificate(s) of TDRs for the preservation site(s) from which development rights were obtained for the proposed receiving site(s). Upon receipt of the irrevocable certificate(s) of TDRs by the Community Development Department, the development right associated with the certificate shall be retired (eliminated)." Rezoning, subdivision or planned development approval is not required for the proposed development. The executed irrevocable certificate of TDR and the recorded deed evidencing the sale or transfer to the applicant of the irrevocable certificate(s) of TDRs for the preservation site from which development rights were obtained for the proposed receiving site is included as Exhibit A8. Ill F.2. Review Process for Irrevocable Certificate(s) of Transferable Development Rights ("TDRs") (Subsec. 4-60-095 B): III F.2.a. Review Process (Subsec. 4-60-095 B.1): III F.2.a.i. Pre-application Conference (Subsec. 4-60-095 B.l.a): ! I I "Those wishing to investigate their rights under the TDR Ordinances may meet with a County Community Development Department staff planner to outline the necessary submission contents. From this meeting the 96 I I I I I I i I I I i ! ! i i i ! I I County may provide the applicant with a pre-application conference summary sheet specifying the preliminary submission requirements for review of TDRs." The applicant's representative has met with a County Community Development Department staff planner to outline the necessary submission contents and the planner has provided the applicant with a pre-application conference summary sheet specifying the preliminary submission requirements for review of TDRs (refer to Exhibit A2). III F.2.a.ii. Application for Issuance of TDR (Subsec. 4-60-095 B.l.b): "The applicant shali provide the County with the required submission contents (Section 5-250)for review of TDRs." The required submission contents for review of TDRs (Sec. 5-250) is provided below in this Section III I of the application, beginning on page 28. III F.2.a.iii. County Review of the TDR Application (Subset. 4-60-095 B.l.c): "Upon receipt and review of the submission contents the County will, in a timely fashion, notify the applicant of its acceptance or denial of the application for an irrevocable certificate of TDRs. " An irrevocable certificate of TDRs has previously been issued for the three claims. Ill F.2.a.iv. Establishment of Closing Date (Subsec. 4-60-095 B.l.d): Upon satisfaction of the.County, the applicant and County will establish a closing date whereon the County and applicant will convene to culminate the TDR exchange, which shall include issuance of a irrevocable certificate of TDRs and a simultaneous deed restriction of the preservation site. The previous owner and the County culminated the TDR exchange, including issuance of a irrevocable certificate of TDRs and a simultaneous deed restriction of the preservation site. Ill F.2.a.v. Closing -- Issuance of a Certificate of TDRs and Deed Restriction (Subsec. 4-60-095 B.l.e): ~7 I ! i On the mutually agreed closing date the County will execute and deliver to the applicant an irrevocable certificate of TDRs (certificate) while, concurrently, the applicant executes and delivers to the County the deed restriction. The County has executed and delivered to the previous owner an irrevocable certificate of TDRs and the prior owner has executed and delivered to the County the deed restriction. I I I III G. THREE STEP REVIEWS-SPECIAL PROCEDURES FOR THE TRANSFER OF DEVELOPMENT RIGHTS (SEC. 4-70): According to the language of Subsec. 4~60-095 A.2.a, the requirements of Sec. 4-70, Three- Step Reviews, are not applicable to the transfer ora single Development Right unless subdivision review is required. i I III H. FIVE STEP REVIEWS-SPECIAL PROCEDURES FOR THE TRANSFER OF DEVELOPMENT RIGHTS (SEC. 4-80): The application is not subject to the requirements of Sec. 4-80, Five-Step Reviews, because the applicant is not proposing to transfer more than one development right to the property. i I ! III I. TRANSFER OF DEVELOPMENT RIGHTS (TDR) CERTIFICATES (SEC. 5-250): It is not necessary for the applicant to address the requirements of Sec. 5-250 because the Certificate of TDRs for the Preservation Site has previously been issued. i I I I I I I i I I ! i i I i i I i ! I I IV. SPECIAL REVIEW FOR TRANSFERABLE DEVELOPMENT RIGHTS AND REQUESTS TO EXCEED 15,000 SQ. FT. OF FLOOR AREA (SECS. 3-210, 4-50 & 5-50): Under the provisions of the RS-30 zone district, Subsec. 3-40-110, applications for Transferable Development Rights and requests to exceed 15,000 sq. ft. of residential floor area are subject to Special Review. The Board of County Commissioners may approve development applications for uses designated as Special Review uses within a zone district in accordance with Sees. 3-210, 4-50 and 5-50. These Code provisions am discussed below. IV A. LAND USE STANDARDS- SPECIAL REVIEW AND MAJOR AMENDMENTS FOR ACTIVITIES LISTED AS SPECIAL REVIEW IN THE USE TABLES (SEC. 3-210): IV A.I. Applicability (Subsec. 3-210-010): Under the provisions of Subsec. 3-210-010, the Board of County Commissioners may approve any special review use not listed elsewhere in the subsection based upon a finding of compliance with all of the standards and criteria of Subsec. 3-210-020, as discussed below. Special Review uses that are not listed are subject to a one-step review pursuant to the procedures of Sec. 4-50. IV A.2. General Standards and Criteria (Subsec. 3-210-020): IV A.2.a. Applicable County Master Plan (Sub~ec. 3-210-020 A): Under the provisions of Sec. 3-210-020 A, the special review use shall consider the applicable County Master Plan. Watson Divide Ranch is located 'within the so-called Rural part of the County. The most westerly portion of the ranch lies within the Snowmass Creek drainage, although a large percentage of the ranch lies within the Roaring Fork River drainage. Considering only the portion of the ranch in the Snowmass Creek drainage, approximately 20 percent (and no portion of any of the designated development envelopes) is located within the Snowmass-Capitol Creek Caucus boundary, as indicated by the mapping included in the recently adopted Master Plan for the area. Even though all of the designated development sites within the ranch lie outside of the Snowmass-Capitol Creek Caucus boundary, property owners within the Caucus saw fit to recommend the following land-use designation i I I I ! i ! i I I i I i i I I ! I I under the Caucus Master Plan for the portion of the Ranch which is subject to the conservation easement: Agriculture/Conservation (A G/CON): "This use category is intended for land the future use of which is governed by existing conservation easements or other restrictions currently in place that limit the property to agriculture, open space preservation, and/or wildlife preservation and restoration. Where conservation easements have been recorded for the property, the Deed of Conservation Easement is included in the Appendix of this Master Plan." It is important to note that the designated development sites within Watson Divide Ranch are specifically excluded from regulation under the terms of the conservation easement. Therefore, even if the Snowmass-Capitol Master Plan can legitimately be interpreted as applying to land outside the caucus boundary, the AG/CON land-use designation defined above still would only apply to the so-called "open areas" of the property, not to the development sites, including the residential building envelope where the development proposed in this application is located. The Snowmass-Capitol Master Plan recommends significant restrictions on the use of TDRs within the Caucus. The Masfer Plan as adopted by the County Planning and Zoning Commission, however, includes the following caveat in two different locations within the document: "Note: In light of the fact that there are pending revisions to the County-wide TDR program, it is understood that the wishes of the Caucus related to the use of TDR 's, as expressed in (Paragraphs 1.1.2, 1.2.2 and 3.2) of this Master Plan are not necessarily supported by the Planning Commission and may or may not be included in the ultimate revisions to the TDR program." The applicant's proposal to use a TDR from outside of the Caucus boundary to add square footage in excess of 15,000 sq. ft. in a location which is outside the Caucus boundary, although at odds with the recommendations of the Caucus regarding the use of TDRs, is consistent with the County's current land-use regulations. I I I I I i I i I I I I ! i I i ! I I IV A.2.b. Applicable Sections of the County Code, Including Policies (Subsec. 3-210-020 B): Under the provisions of Sec. 3-210-020 B, the Special Review use shall not conflict with any applicable sections of the County Land Use Code, including the Land Use Policies in Article 2. The proposal is consistent with the County's land use policies, as follows: · Community Balance (Suhsec. 2-10): The dominant policy of Pitkin County is to conserve and protect from further degradation the present natural environment and its resources. Development which can be accommodated within these limits will be managed to maintain a balance between residential, commercial and tourist accommodations. The proposal, because it is completely accommodated within the footprint of the existing structure, will conserve and protect from further degradation the natural environment. · Comprehensive Planning (Subsec. 2-20): It is the policy of the County to adopt comprehensive plans for the County and regularly update these plans. This policy is the County's responsibility. · Conformance With The Adopted Comprehensive Plan (Subsec. 2-30): It is the policy of the County to insure that the use and development of land within Pitkin County and any actions committing such land to development or a change in use are consistent with PitMn County's adopted Comprehensive Plans. Consistency with the adopted Comprehensive Plan is addressed above beginning on page 29. · Growth Ratel~ Phasing Of Public Services And Facilities (Subsec. 2-40): It is the policy of the County to maintain and improve the quality of life of its residents. To this end, the County will manage the location and timing of development in the residential, commercial and tourist accommodation sectors. The provision of public services and facilities shall be consistent with adopted comprehensive plans. The County shall prohibit the location of public services and facilities that would encourage development inconsistent with adopted comprehensive plans. To insure that growth is consistent with adopted County plans, the County will maintain a Growth Management Quota System (GMQS). The proposed development is exempt from GMQS procedures. I I I I ! i I I I I I I I ! I I I i I · Development or Expansion ofSkiAreas (Subsec. 2-50): It is the policy of the County to favor the upper mountain expansion of existing skiing areas or new sMing areas without significant base area development over the development of new skiing areas or terrain with significant base area development. The County shall review all proposals for any proposed new sM areas or expansions of existing shi areas for conformance with County goals, policies and regulations. This policy is not applicable to the proposal. · Compatibility With ExistingAdjacentNeighborhoods (Subsec. 2-60): It is the policy of the County to insure land use proposals are compatible with existing neighborhoods. To this end, the County will provide notification of pending applications to the affected adjoining property owners, homeowners associations and neighborhood caucus groups. Adjoining owners will be notified of the pending application by notice, as required. · Conformance With Other Laws (Subsec. 2-70): It is the policy of the County to consider whether approval of uses or development of lands within Pitkin County is consistent with applicable laws of the United State of America and the State of Colorado. The proposal is thought to be consistent with applicable laws of the United States of America and the State of Colorado. · Natural and Man-Made Hazard and Resource Areas (Subsec. 2-80): It is the policy of the County to manage the use of lands which are identified as containing Areas and Activities of Local and State Interest (House Bill 1041). The County wili prevent any use which may subject any person, use, or resource to natural or man-made hazards. The approved residential development envelope has previously been the subject of extensive review under 1041 Review Procedures. · Soil, Superficial Geologic Characteristics and Radiation (Subsec. 2-90): It is the policy of the County to discourage land uses and development activities in areas subject to radiation and geologic hazards. No areas subject to radiation or areas of geologic hazard are affected by the proposal. · Drainage (Subsec. 2-100): It is the policy of the County to preserve the integrity of existing and natural drainage patterns. Land use and development activities which subject areas to ~? I I I I ! i I I I I I I I I I I I I I increased potential for damage by flood, erosion or sedimentation, or increase the potential for water pollution shall be prohibited. Existing natural drainage patterns are not affected by the proposal. · Erosion (Subsec. 2-110): It is the policy of the County to prevent the erosion of soil and rock by maintaining natural vegetative cover and by requiring the revegetation of areas disturbed by land use or development activities. No further disturbance of natural vegetation will occur as a result of the proposal. · Scenic Quality (Subsec. 2-120): It is the policy of the County to preserve its natural, rural scenery for the benefit of its residents and the continued viability of its resort economy. To preserve scenic quality, the County will prohibit or require mitigation of the visual impacts of land uses and developmenL The proposal does not result in increased visual impacts. · Air Quality (Subsec. 2-130): It is the policy of the County to permit only that development which will not degrade air quality. The proposal will not result in further impacts on air quality. · WaterResources Impacts (Subsec. 2-140): It is the policy of the County to preserve and protect its present water resources, recognizing the County's semi-arid character and that significant transmountain and transbasin diversions and the vested rights of senior appropriators in the basin have materially curtailed the availability of an already scarce water resource. To this end it is the policy of the County that no land use be initiated which would adversely affect the quantity, quality, or accessibility of the Countyts water resources; or which would occur at the expense of established water-dependent agricultural activities; or which would result in increased salinization of water resources, loss of minimum stream flows, further destruction of wildlife habitat, or major expenditures to reacquire or redistribute major water resources. It is also the policy of the County to maintain a natural vegetative buffer along its surface waters such that the surface and groundwaters of the area are not encroached upon bf land uses or other human activities which could cause deterioration of water quality or impair the natural treatment processes provided by meadows and wetlands. The proposal will not result in adverse impacts on the quantity, quality or accessibility of the County's water resources. · Noise (Subsec. 2-150): It is the policy of the County to permit only that development which will not generate noise which would adversely impact community noise levels. I I I ! I I I I I I I I The proposal will not result in increased noise generation. · Wildlife Management (Subsec. 2-160): It is the poli0, of the County to identify and protect all wildlife habitat for the preservation of wildlife and prohibH land use patterns which disrupt such habitat. Impacts on wildlife habitat were previously considered when the residential development envelope was designated. · Adequate Provision for Water Needs (Subsec. 2-170): It is the policy of the County to insure the availability of a water supply of adequate quality, quantity, pressure and dependability for fire protection and support of a proposed land use prior to approval of the use. The County shall require land uses to hook-up to existing public systems if service is available. The sizing of fire protection equipment will be adjusted for the proposed additions. No public water service is available. · Sewage Treatment (Subsec. 2-180): It is the policy of the County to insure that adequate sewage treatment facilities are available to serve existing and new developments. Any proposed system must be shown to be financially feusible considering a reasonable tax base and other legal criteria prior to approval of any land use. The residential uses will be served by a septic system of adequate capacity to serve the project. No public sewage treatment system is available in the area. · Impacts On Road System (Subsec. 2-190): It is the policy of the County to preclude development which generates traffic volumes in excess of the capacity of the County road system or which causes significant service level reductions. Traffic generation resulting from the residential use will be unaffected by the proposed additions. I I I · RoadDesignAndConstruction (Subsec. 2-200): It is the policy of the County to insure that new and upgraded roadways are designed, engineered and constructed to minimize environmental and aesthetic damage and future maintenance costs consistent with public safety needs. No changes to the existing driveway or Watson Divide Road are believed to be necessary or are proposed as a result of the proposal. I I I · Logical Extension Of Utilities (Subsec. 2-210): It is the policy of the County to regulate public and private utility extensions. Areas served by such extensions must be found suitable for development in I I I i I I I I ! accordance with adopted comprehensive plans and the policies and regulations of the Pitkin County Land Use Code. Underground natural gas, electric and phone utilities are in place to the properly. · Impacts On Taxes And Management Of Necessary Services And Facilities (Subsec. 2-220): It is the policy of the County that new development makes fair share contributions to insure tbat no reduction in the quality of services, public facih'ties or programs provided to the community will resulL The impact of the additions on County services is expected to be neutral. · Transportation (Subsec. 2-230): It is the policy of the County to encourage transportation programs which minimize automobile congestion, promote traffic safety and reduce sources of air pollution. The County shall encourage transportation modes which reduce automobile use. Non-motorized transportation alternatives such as trails for bicycles, horses, pedestrians, and cross-country skiers are encouragea[ Total automobile use resulting from development on the ranch has been minimized as a result of the extremely low density approved on the property. The current proposal does not affect traffic generation from the project. I I I ! I · Compatibility With Agricultural Lands And Operations (Subsec. 2-240): It is the policy of the County to promote the economic viability of agricultural lands and operations within Pitkin County and to insure that large tracts of land now committed to or capable of agricultural uses are preservecL The agricultural lands on the site are unaffected under the proposal. · Compatibility With HistoricalAndArchaeological Resources (Subsec. 2- 250): It is the policy of the County to protect sites, structures and surrounding areas determined to have historical or archaeological significance. There are no areas on the site identified as having historical or archaeological significance. I I ! · Housing (Subsec. 2-260): It is the policy of the County to assure the existence of a supply of desirable and affordable housing for persons employed in PitMn County, senior citizens, the handicapped, and other qualified persons of PitMn County who are necessary for a balanced community. The provision of housing to be provided for employees of the ranch is unaffected by the current proposal. I ! I I I I I I I I I I I I ! I I I ! I I · Energy Conservation (Subsec. 2-270): It is the policy of the County to encourage features in an)' development which will conserve energy resources and minimize the consumption of energy. All construction within the subdivision will be in compliance with the County's Energy Code. · Compatibility With Public Lands (Subsec. 2-280): It is the policy of the County to preserve and protect public lands from the impacts of incompatible development by promoting land uses within and nearby public lands which are compatible with public use of those lands and with the preservation of the natural environmenL The proposal does not affect public land along the north side of the property. · Access to Public Lands (Subsec. 2-290): It is the policy of the County to preserve existing access points to public lands and strive to secure new access points consistent with County and Federal land use plans. Existing access to public lands is not affected by the proposal. · Private Land Surrounded by Public Lands (lnholdings) (Subsec. 2-300): It is the policy of the County to promote and encourage the transfer of private inholdings to public ownership with the objective of promoting consistent management of the public lands to reduce conflicts between private owners and developers and the public at large. This policy is not applicable to the proposal. IV A.2.c. Intent of the Zone District (Subsec. 3-210-020 C): Under the provisions of Subsec. 3-210-020 C, the special review use shall be consistent with the intent of the Zone District in which it is proposed to be located. The proposed special review use is consistent with the intent of the RS-30 PUD zone district: Permit low density, single family residential development and customary accessory uses, while recognizing natural hazards, wildlife areas, limited utility service, roads or schools, and other facilities may constitute a constraint precluding the realization of zoned density; Encourage an orderly development pattern minimizing scattering of development in rural areas; ~6 I I I I I I I I I I I I ! I I I I I I 3. Provide potential for the clustering of development preserving open space and creating efficient utility service for development; 4. Preserve agricultural operations and environmental resources; 5. Maintain the rural lifestyle; 6. Locate development outside of irrigated lands and deer and elk habitat; and 7. Protect cattle and wildlife by prohibiting dogs in new subdivisions. IV A.2.d. Character of the Immediate Vicinity (Subsec. 3-210-020 D): Under the provisions of Subsec. 3-210-020 D, the proposed special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Because the proposal is an expansion of an existing use almost all of which occurs either subgrade or internal to the existing structure and is not the establishment of a new use, the character of the immediate vicinity of the parcel is unaffected. IV A.2.e. Location, Size, Design and Operating Characteristics (Subsec. 3-210-020 E): Under the provisions of Subsec. 3-210-020 E, the location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivei'y, air/water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. The location, design and operating characteristics remain the same as that existing currently and the increase in size occurs subgrade, where it will not be perceived. IV A.2.f. Adequate Public Facilities and Services (Subsec. 3-210-020 F): Under the provisions of Subsec. 3-210-020 F, there must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, tim protection, emergency medical services, 't7 I I i i I I I I I I I I I I I I I I I hospital and medical services, drainage systems, and schools. The proposed expansion will have a negligible effect on public facilities and services. IV A.l.g. Additional Requirements (Subsec. 3-210-020 G): Under the provisions of Subsec. 3-2 l 0-020 G, an application for a special review use must demonstrate that the proposed development will not: i. Materially endanger the public health, safety or welfare; and The proposed use will not materially endanger the public health, safety or welfare. iL Substantially injure the value of adjoining or abutting property. The proposed use will not substantially injure the value of the abutting property. IV A.3. Limitation of Uses by Special Review (Subset. 3-210-030): Under the provisions of Sec. 3-210-030 A, Limitation of Uses by Special Review, the review authority may opt to grant a special review permit for certain uses, which limits the time period during which a use may operate. The time period of the permit shall be specified in the development permit. The applicant is requesting a finding by the Board of County Cormnissioners that the time period of the permit specified in the development permit is perpetual. Further, the applicant is requesting a waiver of the provisions of Sec. 3-210-030 B, which states that the Board of County Commissioners. may require any person operating pursuant to a Special Review Permit to submit, at least thirty (30) days prior to each anniversary of the date that the permit was initially granted, a Statement to the Community Development Director attesting to the continued conformance of the use to the conditions of the permit. IV B, REVIEW PROCEDURES - SPECIAL REVIEW (SEC 4-50): Applications for special review uses not listed in Subsec. 3~210-010 C are subject to the one- step review procedures described in Sec. 4-50 of the Code. Special Review applications must comply with the identified Policies in Article 2, which are addressed in Sec. IV A.2.b. of this application, beginning on page 31 and the other Standards in Sec. 3-210 of the Code, also addressed in Sec. IV A, above, beginning on page 29. One-step reviews are to be conducted I I I I I I I I I I I I I I I I I I I pursuant to the land use review process described in Sec. 4-50-020. The Applicant has provided the relevant information required under this section, as follows: IV B.I. Pre-Application Conference (Subsec. 4-50-020 A): The Applicant has conferred with the Planning Office staff in a pre-application confere- nce. The pre-application summary sheet is included as Exhibit A5 of the Application. IV B.I.2. Submission of Application and Fees (Subsec. 4-50-020 B): The development application is accompanied by a fee of $2,915.00, as requested by the Planning Office. IV C. SUBMISSION CONTENTS- GROUP I DEVELOPMENT APPLICATIONS (SEC. 5-50): Subsec. 5-50 of the Code establishes the required submission contents for Group I development applications, which includes Special Review applications (Sec. 5-50-010 E), as follows: IV C.1. Application Contents (Subsec. 5-50-020): Development applications for activities categorized in Group I are to include the minimum submission contents for all land development applications listed below. The Applicant's responses to the review standards of Sec. 3-210 are discussed in Section IV A, above, beginning on page 29. IV C.l.a. General (Subsec. 5-504120 A): The development app!ication includes the information and materials specified in Sec. 5-50-020 Of the Code, as modified during the pre-application conference. IV C.l.b. Applicant's Background.Information (Subsec. 5-50-020 B): A letter signed by the applicant containing the applicants' name, address and telephone number and the name of the applicant's representative is included as Exhibit A3. IV C.l.c. Parcel Description (Subsec. 5-50-020 C): A street address on Watson Divide Road has been assigned to the parcel, as reflected in the building permit application. The legal description of the parcel on which the development is proposed to occur is a metes and bounds description attached to the Title Policy (Exhibit A5). A vicinity map locating the subject property within Pitkin County is included as Exhibit A1 to the application. I I I I I I I I I I I I I I I I I I I IV C.l.d. Disclosure and Proof of Ownership (Subsec. 5-50-020 D): Title information regarding the parcel on which the development is proposed from Stewart Title is included as Exhibit A5. IV C.l.e. Legal Access (Subsec. 5-50-020 E): The applicant has adequate legal access to the parcel for the proposed development from Highway 82 and Watson Divide Road via the existing private access drive to the residential building site. IV C.l.f. Standards Report (Subsec. 5-50-020 F): A written report demonstrating that the proposed development complies with the applicable review standards of Sec. 3-210 is included beginning on page 29. IV C.l.g. Pre-Application Conference Summary Sheet (Subsec. 5-50-020 G): A copy of the pre-application conference summary sheet is included as Exhibit A2. IV C.l.h. Site Utilization Maps (Subsec. 5-50-020 H): Three sets of twenty-four 24" x 36" site utilization maps are being provided with this application for review by all referral agencies. Reductions at 11" x 17" of the site utilization maps are included in the application. IV C.l.i. Copies of Application (Subset. 5-50-020 I): Seven application copies are being provided, as requested by the Planning Office. I I V. RESIDENTIAL DEVELOPMENT WITH MORE THAN FIFTEEN THOUSAND SQUARE FEET OF I RESIDENTIAL FLOOR AREA (SUBSEC. 3-200-090, SEC. 4-50 AND SEC. 5-50): I I I I I I Lot A of Watson Divide Ranch includes a total of 554 acres. For parcels of land twenty (20) acres and larger, only the residential square footage on the property is to be included in the calculation of house size special review. V A. REVIEW CRITERIA (SUBSEC. 3-200-090 A): Under Subsec. 3-200-090 A, the following criteria are to be used in conjunction with the special review criteria established in Sec. 3-210 of the Land Use Code (addressed above, beginning on page 29) in order to allow residential and accessory structures to exceed fifteen thousand (15,000) square feet of total floor area. Refer to Sec. 4-60 for procedures and Sec. 5-50 for submission requirements. I I I I I I I I V A.1. Acquisition of TDRs Required (Subsec. 3-200-090 A.1): Acquisition of transferable development rights (TDRs) pursuant to Subsec. 3-150-160 (apparently the wrong Code reference) is a threshold minimum requirement to exceed fifteen thousand (15,000) square feet of total floor area. The apPlicant has previously purchased a Deed of Development Rights (refer to Exhibits A7 and A8) for this purpose. V A.2. Energy Consumption (Subsec. 3-200-090 A.2): V A.2.a. "Has the residence been designed with concentration on limiting the use of energy resources and consumptive use?" The residence has been designed to utilize highly efficient building systems and components to reduce heat loss and solar gain as appropriate. The residence is built into the hillside, creating partially exposed lower level spaces, which reduce the perimeter envelope exposed to the environment thereby reducing thermal loss. Large overhangs have been designed on the east, west and south exposures to minimize solar infiltration in the summer and reduce solar reflection to adjacent properties. I 41 I I I I I I I I I I I I I I I I I I I With regard to the additional floor area proposed, a large percentage of the square footage proposed is both internal to the approved structure and subgrade. V A.2.b. "Has the design and construction of the home taken into consideration the inclusion of renewable non-polluting energy resources for the primary source of energy for the entire project?" The inclusion of renewable non-polluting energy resources as the primary source of energy for the project was considered in great detail but was ultimately determined to be infeasible in this case. V A.2.c. "Have high efficiency construction materials been used throughout the project?" The building insulation components and window and door systems provide an efficient envelope for the structure. High efficiency heating and cooling equipment has been specified to reduce energy consumption. V A.2.d. "Does the operation of the house contain self-regulating systems which control the use of energy when the home is not occupied?" The building mechanical system will be controlled via a computerized digital thermostat system allowing the systems to be regulated to minimize energy consumption during both occupancy and non-occupancy periods. V A.2.e. "Does the project meet the requirements of the Aspen/Pitkin Energy Conservation Code as adopted by the Board of County Commissioners on January 10, 1996 (hereafter'"APECC'9 or any subsequent amendments? If the project is an addition or remodel does it improve the energy effftciency ?" The original building design meets the requirements of APECC and all standards in place at the time of the submittal for the building permit and subsequent change orders in 2002 and 2003. The additional floor area proposed, most of which is being created in subgrade areas internal to the approved structure will increase the overall energy performance of the residence on a percentage basis. 4~ I I I I V A.2.f. "Do heating and cooling appliances wHhin the residence meet the requirements of the A PECC?" The heating and cooling appliances specified will meet the APECC requirements in place at the time of permit issuance. I I I I V A.3. Visual Impacts (Subsec. 3-200-090 A.3): V A.3.a. "How does the proposed structure visually impact thosq who routinely see it from viewing locations other titan on the subject property?" There are only a limited number of locations off of the property from which to view the residence. With the exception of the proposed trellis, which should have a positive effect on the visual impact of the structure through the creation of areas in shadow, none of the proposed building elements will be visible from offofthe property. 1 V A.3.h. "Is the visual change significant, as compared to what would be permitted without special review?" The visual change will be both minor and positive. ! ! V A.3.c. "Has the visual impact been mitigated?" The visual impact should be improved over the current condition through the addition of the screening trellis. I I I V A.3.d. "Do the immediate neighbors or homeowner's association approve?" Most of the immediate neighbors of the Ranch are completely unaffected by the proposal. Neighbors and homeowner's associations in the area will have an opportunity to express their opinions regarding the proposal either individually or through the public hearing process. V A.3.e. "Do landform and landscaping mitigation measures appear natural as related to the former condition and surrounding environment?" I I I No landforms or landscaping mitigation measures are appropriate and none are proposed. 4't I I I I I I I I I I I I I I I I I I V A.4. Environmental Concerns (Subsec. 3-200-090 A.4): V A.4.a. "Does the proposed residence encroach or impact environmental resources such as floodplain, slopes exceeding fifteen percent (15%), geologic hazards, wildlife, wildfire, groundwater, ridgelines, vegetation manipulation, topographic characteristics on-site, agricultural lands and other similar features?" The issue of impacts on environmental resources was addressed in detail and considered thoroughly by the County during its prior review that led to the establishment of the sole residential development envelope proposed on the property in its current location. The proposed additional floor area does not encroach or impact on environmental resources such as floodplain, slopes exceeding fifteen percent (15%), geologic hazards, wildlife, wildfire, groundwater, ridgelines, vegetation manipulation, topographic characteristics on-site, agricultural lands and other similar features. V A.4.b. "lf the proposed construction is taMng place on slopes which exceed fifteen percent (15%), is there another location on the property the house could be sited? If not, what mitigation measures are taken to lessen the impact of scarring the cut slope?" The proposed construction is not taking place on slopes which exceed fifteen percent 05%). V A.5. Lighting (Subsee. 3-200-090 A.5): V A.5.a. "Has the proposed lighting of the residence andproperty been designed to avoid off-site visual impacts (down cast or shielded lights)? Has the lighting style been designed for primarily safety considerations? Is exterior lighting located and designed to provide adequate safety and security while minimizing glare and spill-over onto adjacent properties ?" The proposed lighting of the residence meets the county standards for minimal site lighting and additional requirements placed upon the property via the resolutions granting approval for development. The exterior lighting will meet all 1997 U. B. C. requirements for safety and location. The specified fixtures have shielded lamps and are downcast designs to minimize light spill. I I I I I I I I I I I I I I I I I I I V A.6. Homeowner's Associations and Adjacent Property Owners (Subsec. 3-200-090 A.6): V A.6.a. "Is there a legally established and active homeowner's association which has covenants binding upon the subject property? Has the governing body approved the proposed development?" There is no legally established homeowner's association which has covenants binding upon the subject property because the property is in sole ownership. The building site is not included within the area affected by the conservation easement. V A.6.b. "Are the adjoining property owners opposed to the proposed development?" The adjoining property owners will have an opportunity to express their opinions about the proposal when it comes before the Board of County Commissioners. It is important to note that the nearest residence on neighboring property is several thousand feet away from the subject residence. V A.7. Uses (Subsec. 3-200-090 A.7): V A.7.a. "Is the additionalfloor area requested for thepurposes of use for agricultural operations ?" The additional floor area requested is for the purposes of residential use. V A.8. General (Subsec. 3-200-090 A.8): V A.8.a. "Is the proposed development consistent with the existing scale and bull~ characteristics of the neighborhood? Is the subject property located on a conforming size lot in the zone district?" The proposed development does not negatively affect the existing scale and bulk of the approved structure. The subject residence is located on a lot which is restricted to considerably less buildout than that of surrounding properties on an acre-by-acre basis. I I I I I I I I I I I I I I I I I I I V A.8.b. "Howareroadcuts, slopecutsanddisturbancetonaturalterrainonthe site mitigated in their finished form?" No new road cuts, slope cuts and disturbance to natural terrain on the site are proposed. V A.8.c. "Does the proposed development reduce Building Code deficiencies and/or tend to promote health and safety or environmental concerns?" . Both the residence which is the subject of the currently active building permit and the proposed building will have no Building Code deficiencies. V A.9. "Has the natural vegetation of the site been protected/replaced/maintained/ enhanced to the maximum extent possible?" The natural vegetation of the site is unaffected by the proposal. No additional vegetation will be removed as a result. V A. 10. "Has the development preserved open space via clustering structures or lowering allowed density on the property?" The vast majority of the Ranch has been preserved as open space through the clustering of structures in only two locations, the lowering of the allowed density on the property and the application of a conservation easement over most of the property. V B. ADDITIONAL FINDINGS (SUBSEC. 3-200-090 B):. "In connection with its review of the application with respect to the above issues, the Board shah make the following findings in addition to finding conformance with the policies, standards and special review criteria of the Code in order to approve an increase in the allowed floor area." VB.I. "The applicant has demonstrated that it will utilize significantly improved energy efficient appliances in the structure and/or that the structure has been designed and will be constructed with other energy conservation measures such that the overall energy efficiency of the structure will meet the Aspen/Pitkin Energy Conservation Code as adopted by PitMn County Board of County Commissioners on January 10, 1996, or subsequent amendments, or if the application is for a remodel or addition, the overall energy efficiency of the structure will be significantly improved." 46 I I I I I I I I I I I I I I I I I I I The application is for a remodel or addition. The proposed additional square footage improves the overall energy efficiency of the structure in several ways. First, the majority of the additional space is both internal to the structure and is subgrade. Secondly, an entry area which will otherwise be exposed to the elements will be enclosed. Finally, the new trellis will screen an exposed portion of the window wall and reduce the house's overall heat load. V B.2. "The increase in visual impact oftheproposed structure, to the extent it exceeds the square footage allowed by right, will have minimal impact on those who would routinely see it, either by virtue of its location, design and/or construction, or by virtue of landform and landscaping mitigation measures." Three of the four building elements involved in the proposed expansion have no visual impact by virtue of the location of those elements within the residence. The trellis should have the effect of reducing the visual impact of the structure by creating new areas which will be in shadow and by reducing glare offofthe west and south window walls as viewed from off-site. V B.3. "The landform and landscaping mitigation measures to be employed by the applicant will appear natural as related to the former conditions and surrounding environmenL " No landforms or additional landscaping mitigation measures are proposed to be employed by the applicant. V B.4. "The proposed additional square footage will not Significantly increase the environmental impact over the impact that a structure allowed without special review would have had or, alternatively, that the application provides adequate mitigation for such additional impacts.' The proposed additional square footage will not increase the environmental impact over the impact that the approved structure will have. V B.5. "Theproposal will not require construction on slopes which exceedflfteen percent (15%) unless the application proposes adequate measures to minimize the visual impacts of any scarring of cut slopes." The proposal does not involve construction on slopes which exceed fifteen percent ~7 I I I I I I I I I I I I I I I I I I I (15%). Therefore, no measures to minimize the visual impacts of any scarring of cut slopes are necessary. V B.6. "The proposal will not contain outside lighting in excess of that required for safety and such outside lighting will minimize glare and spill over to adjacent properties." No changes in outside lighting are proposed. V B.7. "The proposed additional square footage will create minimal additional disturbance to the natural terrain; the natural vegetation of the site will be protected, replaced, maintained and/or enhanced, to the maximum extent possible, and road and slope cuts will be minimized and their impacts will be mitigated." The proposed additional square footage will create no additional disturbance to the natural terrain. The natural vegetation of the site will continue to be protected, as proposed under the approved building permit. No additional road and slope cuts will occur. V B.8. "The increasedJloor area is consistent with the scale, bulk and character of the neighborhood and the zone distric~ lf the proposed structure is located in a subdivision with an active homeowner's association with an architectural review board, and such homeowner ~s association has approved the proposed structure, this finding shall be presumed, unless the Board. fftnds extenuating circumstances." The increased floor area will not result in any negative effect in the scale, bulk and character of the neighborhood and the zone district. The proposed structure is not located in a subdivision with an active homeoWner's association with an architectural review board. V B.9. "The natural vegetation on the site will beprotected to the maximum extent possible." No further disturbance in the natural vegetation on the site will occur as a result of this proposal. V B.10. "The proposal is sensitive to the preservation of open space on the property." The propOsal does not cause any reduction in open space on the property. 4R I I I I I I I I I I I I I I I I I I I V C. REVIEW PROCEDURES-ADDITIONAL SQUARE FOOTAGE (SEC. 4-50): There are conflicting provisions in the Code as to the applicable review procedures for additional square footage. However, Figure 4-3 indicates that the applicable review procedures are those of Sec. 4-50 of the Code, which are discussed in Section IV B, above, beginning on page 38. V D. SUBMISSION CONTENTS-ADDITIONAL SQUARE FOOTAGE (SEC. 5-50): Sec. 5-50 of the Code establishes the required submission contents for Group I development applications, which includes applications for Additional Square Footage. The requirements of Sec. 5-50 are addressed in Section IV C, above beginning on page 39. I I I I I I t I I I I I I I I I I I VI. Exhibits I I I I I I I I I I I I I I ! I I I I Al. A2. A3. A4. A5. A6. A7. AS. EXHIBIT A. Background Information: Vicinity Map. Pre-Application Conference Summary. Letter of Consent to the Application signed by Thomas Wheeler, Authorizing the Filing of an Application for Minor Amendments to a Development Permit. Agreement for Payment of Development Application Fees signed by Thomas Wheeler. Disclosure of Ownership. Stewart Title Guaranty Company Aspen Village, Inc. 1041 Hazard Review, Scenic Overlay and Caretaker and Employee Dwelling Unit Site Plan (Book 41 ~ Page 39). Deed of Development Rights and Assignment of Irrevocable Certificate of Transferable Development Right from Blueridge Capital Corporation, Grantor and Cadogan Resources, Ltd., Grantee (Reception No. 446796) Deed of Development Rights and Assignment of Irrevocable Certificate of Transferable Development Right from Cadogan Resources, Ltd., Grantor and Thomas R. Wheeler, Grantee (Reception No. 5037 l 8) I i I I I I I I I I I I I I I I ~oatS.on Divide Ranch cation Map ! North Scale 1": 4000' P T aN county EXHIBIT A2. PRE-APPLICATION CONFERENCE SUMMARY ---- DATE: September 15, 2004 PROJECT: Watson Divide Ranch Special Review & GMQS Exemption for a TDR Receiver Site to exceed 15,000 square feet LOCATION: Watson Divide (Parcel ID: 264501300012) REPRESENTATIVE: Joe Wells wellsaspen(~,aol.com PLANNER: Ezra Louthis Tel: 920-5092 !.Type of Application: Special Review to exceed 15,000 square feet, and to establish a TDR receiver site. 2.Description of Project/Development: The Applicant is requesting to land a TDR on this parcel to exceed 15,000 square feet. 3. Areas in which Applicants have been requested to respond, types of reports: · Section 3-210; Special Review for a TDR Receiver Site; .. Section 3-210; Special Review for Aceessmy SUuOun~ with Ba~'hing Facilities; · Section 3-200-090; Development for more than 15,000 Sq. Ft.; · Section 3-310: TI)Rs; 4. Review is before: BOCC 5. Public Hearing: Yes, at BOCC The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail ncaice to all adjacent propea~ owners and mineral estate owners at least 30 prior to the hearing with the return address of the Community Development Department (copy of the notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitldn County as they appear no more than 60 days prior to the date of the public hearing. 6. Will be referred to: Snowmass/Capitol Caucus, Zoning 7. What fee was the applicant requested to submit: - Planning Office $2,580 Flat Fee (Based on 12 hours of Staff time for Major Special Review) Public Notice Fee $25 Clerk and Recorder $310 - ~l'otal Fee at Submittal $2,91~(~on-Refundable) _ Itt the staff time exc,,~xls 14.4 hom-~, the Applicant will I~ charged at $210 per ho~r beyond 14 hours. 8.~q}lfli~ant sl~JI snhmit ~'~ea {7} eopi~ of th~ following information ~less oth~rwi~ aoted {please use donble sided eopies if possible): 1. Summary letter ~xptainiug the request and addressing the Code ~ctions listed above; 2. Proof of ownership of subj~'t proI~ including legal description (1 copy); 3. Agreement to Pay Form (2 copies); 4. Visual Representations of trellises; 5. Floor Plan of Accas~y Building with Bathing Facilities; Total fee for review of this application; 7. Copy of this pre-app form (1 copy); 8. Nantes and addresses of all adjacent properly owncr~ (1 copy); 9. Coa~at I~r flora own~ authorizing th~ representative (1 copy); 10. Copies of previous land use approvals and recorded site plans showing approved building envelope; PLEASE NOTE: This pre.-application conJbrence is advisory in nature and not the binding on County. The information provided in this summary is based on current zoning standards and staff's mterpretat~on~ of the apphcant. Additional mformatton may be required upon a complete review of the I i ! I I I I I i I I ! I ! I i I ! I EXHIBIT A3. Watson Divide Ranch, Inc. 901 Ute Avenue Aspen, Colorado 81611 April 5, 2005 Ms. Cindy Houben Director, Pitkin County Co~unity Development Dept. 130 South Galena Street Aspen, Colorado 81611 Application for Additional Square Footage Utilizing a Transferable Development Right (TDR) Dear Ms. Houben: I am writing to you to confirm that Watson Divide Ranch, Inc. is the record owner of Watson Divide Ranch (the "Ranch"), which includes two parcels of land totaling 830 acres along both sides of Watson Divide Road (County Road No. 8). Watson Divide Ranch, Inc. has authorized the submittal of the attached application for additional square footage for the residence which is presently under construction on Lot A, prepared by Joseph Wells Land Planning. The configuration of the Ranch into two parcels and approval of the residential homesite on Lot A was approved under BOCC Resolution No. 96-143. The residential parcel is located within the RS-30 {PUD) zone district. During the review of this application, Joe Wells will represent me. If you need additional information, please feel free to contact Joe at 925-8080. Thomas R. Wheeler President Watson Divide Ranch, Inc. I 1 I I I ! I I i i i ! ! i i I i i I EXHIBIT A4. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and ,~/?~- Oq~ (hereinafter APPLICANT) AGREE AS FOLLOWS: 7~ 1.~ APPLI~A)N~ has sutbmitted to COUN_TY an application for /~P~%,c~_~ /~:Z~./f~_~ ~.~ .~-~f~___~ (hereinafter, THEPROJECT). / 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 018-2004 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determinatio~ of application completeness. The fee structure is based on the Cotmty's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staffto complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount orS which is based on __ hours of staff time, and if actual time spent by staffto process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director ! I I I ! I I ! I I I ! i i I i i i EXHIBIT A5., ENDORSEMENT A'FFACHED TO AND MADE A PART OF BINDER/POLICY OF lilLE INSURANCE SERIAL NUMBER O, 9701-34902 ISSUED BY STEWART TITLE. GUARANTY COMPANY ~mREmr C.~LED THE coMPANY Order No.: 00024304 Attsch~l to nnd forming a part of the above isled Binder}Policy: order No. 00024304 Said policy is hereby amended by add~ng as a named Insured therein: Th£s [endorsement does not extend the coverage of said pol£cy to any date than dated of said policy, nor does it' impose any l£ability on the Company for loss or damage resulting from (1)fa£1ura'of: such added Insul acquire an ~nsurable estate Or interest ~n said land, or (2) any defect, or encumbrance &ttaching by reason of the acquisition of an estate or An* in ~he:land by such added This endorsement is made apart of the pol£cy and is sUbject to all of terms and provisions thereof and of any prior endorsements thereto, gxc* to the extent expressly stated, it ne~thereodlf£es any of the terms and provisO. OhS of the pol£~ and any prior endorsements, nor does it extend t effective date of the pol£cy and any prior endorsements, nor does it ~nc: the face amount thereof. This endorsement, when countersigned by an autho~zed signatory, is made a part of tho policy and is subjec and provisions thereof and of any prior andorsementa the~.o. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and a~ manta, nor does it extend the effective date of the policy and any prior endorsements, nor does it incren~ ~he~eof. Signedandsealed ~anu~ 08, 1999. (/) ' STEWART TITLE f the Sea Authorized Count ersi ~ature STEWART TITLE OF ASPEN, Agent ID #0601 lA S¢~aJ No. O- 9701-34902 I I I I i ! I ! i I I I ! i I I i i I ALTA OWNER'S POLICY SCHEDULE A Order Number.. Date of Policy: ~lmount of Insurance: 00024304 September 01, 1998 at 2:52 P.M. $ 3,340,000.00 PoHcyNo.: o-9701-34902 1. Narne oflnsured: THOMA~ M. WHEELER TRUSTEE Of THE THOMAS M. WHEELER REVOCABLE TRUST UNDER AGREEHENT DATED 4/9/86, AS A~E~DED. 2. The esta~ or interest ~ ~e land w~ch is covered by ~ policy FEE SIMPLE 3. ~He to the estate or in.rest in.~e land is vested in: THOMAS K. WHEELER TRUSTEE OF THE ~OMAS M. WHEELER REVOCABLE TRUST UNDER AGREEMENT DATED 4/9/86,.AS AMEMDEU, 4. The land referred to ~ ~ policy ~ de$c~bed as follows: See Attached Legal Description I I I I I ! I ! I i I ! ! i ! I I I I SCHEDULE A Order Number: 00024304 LEGAL DESCRIPTION PARCEL A: A parcel of land situated in Sections 1, 2 and 12 of Township 9 South, 86 West of the 6th Principal Meridian~ PitkinCounty, Colorado descril follows: thence 8 29"30'21" thence N 76°11'39" thence $ 53"16'21" thence S 03027'50" the~'~e N 82006'45" thence N I6"16'12" thence 165.68 feet a central angle of feet; thence S ~7"26'19" thence 144.67 feet a ceatral angle of feet; Beginning at the E 1/4 Sectien 1, said point being the Point of Seginz thence $ 89"59'42" w, 3742.68 feet; W, 166.79 feet; w, 410.24 feet; W, 812.56 feet; W, 323.79 feet; W, 127.90 feet; E, 325.44 feet; W, 180.18 feet; W, 26.94 feet; along a curve to the left, having a radius of 124.4 76017'25" and a chord of which bears N 54"24'53" W, W, 80.45 feet; along a curve to the left, having a radius of 90.16 9t"56'05" and a chord of which bears. S 41o28,18. W, thence $ 04o29,47- E, 106.53 feet; thence 65.44 feet along a curve to the left, having a radius of 230.61 central angle of 16°15'31" and a chord of which bears $ 12037,36" E, 6 feet; thence S 20°45'25" E, 29.17 feet; thence 73.78 feet along a curve to the right, having a radius of 28.25 central angle of 149°38'18" and a chord of which bears S 54°03'44. W, f~et~ .... - thence N 51007'35" W, 49.23 feet; thence 61.12 feet along a curve to the right, having a radius of 115.5 a central angle of 30018'33, and a chord of which bears N 24°43'41" W, feet; thence N 09"34'25" W, 210.9I feet; thence N 0I"39'08" W, 121.71 feet; thence N 89043,08" W, 332.45 feet; thence S 28°30'08" E, 1092.47 feet; thence S 51"35'08" E, 200.60 feet; thence S 03~01'52. W, 132.10 feet; thence S 4Io36,08. ~, 102.00 feet; thence N 75"03'08" E, 142.45 feet; thence S 87"18'51" E, 22.16 feet; thence $ 51035,08" E, ~54.20 feet; thence $ 07~14,44- E, 2158.42 feet; thence S 39"20'50" W, 661.80 feet; thence S 24"09'52" W, 355.48 feet; thence S 00"18'48- E, 1185.63 feet to the boundary of Wildcat Ranch; Continued on next page I I I i I ! I I I I I I ! I i I I I I Continuation of Schedule A - Legal Description Order Number: 00024304 thence along the boundary of Wildcat Ranch; thence N 63°09'56" E, 562.10 feet; thence N 35"20'56" E, 678.18 feet; thence N 39"51'14" E, 69.90 feet; thence N 63°02'I4- E, 254.97 feet; thence N 72"I9'37" E, 577.52 feet; thence N 39"51'31" E, 700.41 feet; thence N 76"01'41" E, 663.19 feet; thence N 80"51'09" E, 563.90 feet; thence $ 66"02'39" E, 573.52 feet; thence N 85"39'4l" E, 897.65 feet; thence S 75o40,27- E, 625.25 feet; thence N 03"06'45" W, thence S 89"17'23" W, 619.18 feet departing the Wildcat Ranch boundar3 315.27 feet; thence N 00o10,41. W, 3420.42 feet; thence 187'.19 feet along a curve to the right, having a radius of 215. a central angle of 49"53'00" and a chord of which bears N 48016,32" E, feet; thence N 12°05,10" E, 498.35 feet to the Point of Beginning. PARCEL B: A parcel of land situated in Sections I and 12, Township 9 South, Ran9 West.and Sections 6 and 7, Township 9 South, Range 85 West of the 6th Principal Meridian, $itkin County, Colorado descried as follows: thence S 11"59'51" ~, thence S 77"32'38" W, thence N 74"43'03" W, thence N 60"37'22" W, thence N 46"30'52" W, thence S 52"48'51. W, thence S 2I"06'35- E, thence $ 19"52'34" W, Beginning at the point whence the South East Corner of said Section 6 47"43'27" E, 2695.78 feet; thence N 55"21'40" W~ 130.14 feet to the Easterly boundary of the Amen DoubleX Quarter circle Ranch Subdivision; thence 232.60 feet a~ong a curve to the left, having a radius of 1332~39 feet, a central angle of 10o00'08. and a chord of which bears 56"34'10" W, 232.30~'£~ thence N 58o44'10. w, 173~37 feet; 90.43 feet; 552.24 feet; 684.00 feet; 228.50 feet; 700.00 fee=; 31.78 feet; 21.98 feet; 40.49 feet; thence S 29"03'29" W, 202.33 feet; thence 451.64 feet along a curve to the right, having a radius of 427. a central angle of 60"29'11" and a chord of which bears S 59~18'04. W, feet; thence S 89"32'~0~ W, 237.61 feet; thence ~ 62"31'42" W, 124.21 feet; thence N 61"07'58- W, 14.95 feet; Continued on next page Continuation of Schedule A - L~g~l DescriptiOn Order Nu~er: 00024304 i I I I I I I I I I i thence 91.52 feet along a curve to the left, having a radius of 81.11 central angle of 64°39'00' and a chord of which bears S 86~32'32- W, feet~ thence S 54"13'02" W, 75.78 feet; thence 56.13 feet along a curve to the right, having a radius of 169. a central angle of 19"00'00" and a chord of which bears S 63"43'02" W feet; thence S 73ai3'02" W, 115.28 feet departing Double X Quarter Circle R Subdivision; thence 187.19 feet along a curve to the left,, hav~g a radius of 215.00 feet, a central angle of 49"53'00" and a chord of which bears 48"16'32" W, 181.33 f~et; thence S 00°10'41" E, 3420.42 feet; thence N 89"17'23" thence N 36"22'50" thence N 68"48'~4" thence N 24"49'58" thence N 39"13'40" thence N 26"02'03" thence N 28"44'37" thence N 25"39'03" thence N 24"00'20" thence N 14"30'45" thence W 26"27'25" thence N 31°54'03" thence N 24"40'14" thence N 57~47'54" thence N 37"10'26' thence N 10"54'52" thence N 33012'24" thence N 58°01'34" thence N 37°55'49" thence N 40~17'31" E, 2662.9I feet; E, 978.53 feet; E, 85.45 feet; E, 302.63 feet; E, 90.94 feet; E, 375.61 feet; E,. l$0.32 feet; E, 199.76 feet; E, 228.53 feet; E, E, E, W, W, W, E, 21.59 feet; 51.74 feet; 23.12 feet; 275.72 feet; 28.14 feet; 95.52 feet; 19.85 feet; ~62.46 feet; 372.04 feet; 181-_O~feet; 293.08 feet to the point of beginning. EXCEPTING THEREFROM, that portion of the above described property con the .Department of Transportation, State of Colorado, by Warranty Deed February 12, 1997 aS Reception NO. 4~1707 COUNTY OF PITKIN STATE OF COLORADO I I i ! i ALTA OWNER'S POLICY SCHEDULE B I Order Number: 00024304 Policy No.: o-9701-349. lhis policy does not insure against loss or damage (and the Company will not pay costs, attorneys 'J which arise by reason of: Rights or claims of parties in possession, not shown by the public records. Easements, or claims of easements, not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts survey and inspection of the premises would disclose and which are not shown by the public rec~ Any lien, or right to a lien, for services, labor or material heretofore or hereaj~er furnished, i and not shown by the public records. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the is. water rights claims or title to water. Taxes and Assessments for the year 1998, not yet due and. payable, and subsequent years and any special assessments not yet certified on the tam of Pitkin County. Right of way for ditches or canals constructed by the authority of the Ut States,. as reserved in United States Patent recorded December 6, I954 in 180 at Page 308 as Reception No. 101913 Right of way for ditches or canals constructed by the authority of the Or Stat~s and reservations of all coal and other minerals in the land so ent and patented, together with the right to prospect for mine, and remove same, as reserved in United States Patent recorded February 19, 1922 in at Page 299 as Reception No. 86293. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premise hereby.granted, and right of way for ditches and canals constructed by t~ authority of the United States as reserved in United States Patent recorc March ~3, 1923 in Book 55 at Page 56R'as Reception No. 82086. Right of the proprietor of a vein or lode to extract and remove his or~ therefrom, should the same be found to penetrate'or intersect the premis( hereby granted, as reserved in United States Patent recorded March 13, Book 55 at Page 267 as Reception No. 82088. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate' or intersect the premis~ hereby granted, as reserved in United States Patent recorded March 13, 1~ Book 55 at Page 266 as Reception No. 82087. I ! Continued on next page I I ! I I I I I I I i I I I I I I I i Continuation of Schedule B - ALTA Owner's Policy Policy Number: 0-9701-34902 12. Right of the proprietor of a: vein or lode to extract and remove his ore therefrom, should the sa~e be found to penetrate'or intersect the premis, hereby granted, as reserved in United States Patent recorded July 23, lgt Book 198 at Page 342 as Reception NO. 113724. 13. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to'penetrate or intersect the premise hereby granted, as reserved in United States Patent recorded November 27, in Book 55 a~ Page 206 as Reception No. 75774. 14. Right of the proprietor of a vein or lode to extract' and remove his ore therefrom, should the ~ame be found to penetrate or intersect the premi$~ hereby granted, as resqrved in United States Patent recorded April 19, 1~ Book 286 at Page 275 as Reception No. 166871. 15. Right of way Easement ~ranted unto Wolf Cross ELectric Association, Inc. forth in instrument recorded AuguSt 29, 1974 in Book 290 at Page 615 as Reception No. 169688. I6. An undivided one-half interest of all oil, gas and other minerals as set in instruments recorded June 1, 1978 in Book 369'at Page 911 as Reception 214999 and in Book 369 at Page 905 as Recep.tion No. 214998. Grant of Right of Way for Access Road and Utilities as set forth in instz recorded December 6, 1978 in Book 359 at Page.295 'as Reception No. 209726 Easement Grant for Right of Way for Ditch as set'forth .in instruments rec October 13, 1982 in Book 433 at Page 993 as Reception No. 244759, and rec October 18, 1982 in Book 434 at Page 195 as Reception No. 244856. Terms, conditions, obligations, provisions and easements of License Agree as set forth in instrument recorded December 9, 1983 in Book 457 at Page ...... ~ep'~i6n No. 255604. ' 20. Easements and rights of way granted unto The Board of County Commissioner the County of Fitkin as set forth in instrument recorded July 19, 1984 in ~7~ at page 1~6 as Reception No. 261136. 21. Terms, ~onditions, obligations, provisions and easements of Easement Agre as set forth in instrument recorded July I9, 1984 is Book 470 at Page 127 Reception No. 26~137. 22. Terms, conditions, obligations, provisions and easements of Access Easeme Agreement as set forth in instrument recorded February 9, 1988 in Book 55 Page 629 as Reception No. 297251. 23. Right of way and Easement granted unto Rocky Mountain Natural Gas Divisio N Energy, Inc. as set forth in instrument recorded October 6, ~988 in Boo at Page 374 as Reception No. 304715. Continued on next page I I I i I I' I I I I I I ! I I I II I I Continuation of Schedule B - ALTA owner's Policy Policy Number: 0-9701-34902 24. 25. 26. 27. 28. Grant of Easement granted unto Pitkin County, Colorado, acting by and th. its Board of County Commissioners as set forth in' instrument recorded Ma. 5996 as Reception NO. 393066. Terms, conditions, obligations and provisions of Resolution of the Board County Commissioners of Pitkin County, Colorado, vacating the Aspen Vill. Commons Subdivisi6n and Associated Affordable Housing; Granting Scenic 0 Approval of the Single Family Homesite, Single Family Parcel 1041 Hazard Approval, GMQS Exemption and'Special Review for Caretaker Unit; Couceptu. S=bmlssion Approval for a Single Family Romesite near WatsOn Divide, etc Resolution No. 96-I43 as set forth ~n instrument reCOrded Hay 28, 1996 a. Reception No. 393062, and re-recorded December 2, 1996 as Receptio~ Ne.. Rights of way for ditches including but not limited to the Brush Creek D. Easements and rights of way as shown on Plat of Aspen Village Mobile recorded May 28, 1996 in Plat Book 39 at Page 73 as Reception No. 393065 including but not limited to Water Tanks, Waterlines, Sewer line and War Control Line. Terms, conditions, obligations and provisions of Aspen.~illage Domestic I Sewer and Road Maintenance Agreement as set forth in instrument recorded 12, 1997 as Reception Re. 402482. 29. Easements, rights of way and all matters as shown and contained in Aspen Village, .Inc. 1041 Hazard Review, Scenic Overlay, and Caretaker and Empl Dwelling Unit Site Plat for Single Family Dwelling and Caretaker Unit Pa (Lot A~ and Ranch Parcel (Lot B) recorded January 2~, 1997 in Plat Book Fage 38 as Reception No. 401286. 30. Terms, :conditions, obligations, provisions and easements as set'forth in NonTexclusive Road Easement Agreement recorded September I~ I998 as Rece. No. 42~369. 31. 32. Terms, conditions, obligations, provisions and easements as set forth in of ConServation Easement grantedto Aspen Valley Land Trust recorded Sep i, 1998 as Reception No. 421370. Terms, conditions, obligations and restrictions as Set forth in Agreemen recorded September I, I998 as Reception No. 421374. I I I I I i I I I I I I I I I I I ! I ENDOR~EI~4ENT FORM 110.1 {R~v. 5/95) ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF ,tiLE INSURANCE SERIAL NUMBER O- 9701-34902 ISSUED BY STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY Order No.: 00024304 Said Policy is hereby nmended by deleting paragraphs ! ~ROU~il 4 , inclusive, of Schedul, This endorsement is made a pa~ of the policy ~nd is subject to all of the te~ms suni provisions ths any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of th+ provisions of the policy and nny prior endo~ements, nor doe~ it extend the effective date of the Poi/ prior'endor~ements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be 'valid only when authorized countersigneture.  STEWART TITLE ~ -- GUARANTY COMPANY' / STEW.MT T~LE OF ASPS, INC. Serlal No. E- 9851 ~10~29 I I I i I I I I I I I I I I I I I I i ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIA.L NUMBER O- 9'/0~--34902 ISSUED BY STEWART TITLE GUARANTY COMPANY HERELN CALLED THE COMPANY Order No.: 0002430'~ Thc Company he.by {nsurcs tho Insured against loss wh~h thc lnsu~ s~H sus~m by r~ of physical, ~t ~t ~ ~p~v~n~ ~g on ~ ~ ~ D~ of ~y or ~n~ ~n ~c~a~cr, ~u~g from ~c gxc~ Dttcof~Ucyofany fig~tous~esurfaccof~ ~ndu~m~l~c~fc~Pa~g~phNo- 8-1 ~h~u~ B, ('~ m~c~ ~'). sub~. ho~, ~ ~ foHo~g ~s ~d ~it{o~: ~c n ht at i~ ~s~. to ~k~ a~y a~ion which in i~ opinion may bc ~c~ ~r ' own ~ ht or ~ t~c ~ of ~e l~u~ for ~c Com~y's b~ncf~, to mst~tute, (a) In ~ Company s n~ , -, ~- :- --.,;~. or befo~ any municip~, adm~s~tive, · ~ hi orate ~mcof ~clnsu~ fore'Core.nY's ~f~'t°c°~ ~g by ~ ~n or ~o~ ~m ~,~,,.~.[_._ ~ .. ~ ~d this end.cm.'not To ~ or~ ~id' out of any such s~u~, bo~ or unde~ng, or Out of~y ~on of ~ ~u~cc affo~ by ..~ ~om , the~. i~l~g ar~mey's f~- · ~ d~m~ ~ flow or ~ ~c ava~blc Insu~ by ~ of ~c ~sur~ ...... ~-~- ~ .~;- ~do~cnt s~ bc ~m~ ~ h~vc rcmam~ ~cm~ ~ ~dc a ~ of ~c ~y sod is sub~t ~ ~ of~ ~s ~nd p~slons thcr~fand of~y ~ ~do ' . .~. -. ---.~-- --~ai~.. ~ of ~c tc~s ~d omv~ions of ~c ~y sad ~y p S~cd undcr s~l for ~c Core,ny. but ~c Endo~mcnt is ~ ~ vsl~ only ~ it ~ au~o~ ~untc~tu Serial No. E- 972%2720 i 11 DOUBLE RANC WATSON DWI DE ROAD EXHIBIT A6. QUARTER CIRCLE SUBDIVISION COLORADO HIGRFtAY ASPEN VIL MOBILE ~/Olli DES,I GN WORK ASPEN SURVEY E ASPEN. COl EXHIBIT A7. I I I I I I FROhl : FAX HO. : 9709275464 Sep. OG 2000 10:53fiH P2 BE~B OF DEVELOPME~ ~GHTS ~D ~SIGNME~T OF I~VOC~ CERTI~TE OF T~SFE~LE DEVELOPMENT ~GHT ~X8 DEED is m~e ~is ~% of ~ ¢~0, by md Blue6. Capi~ IN CONSIDERATION OP Ten Dollxts ($10.00) and Other good and valuable considerafon, the receipt ofwhlch is hereby acknowledged, Grantor does gr~t~ assign and convey to Grantee, its suceessom and assigns, one (1) Transferable Development Right (the "TDR") and the Irrevocable Certificate of Trans£etable Development Right No. IR-00-11 CH, issued July 31. 2000 q'Certificste") representing same, ~ising from the 'Preservation Site" legally desci~'bed as follows: I I I I I I I I I ! I m ~4 pardi ~ Rd eo#d#f~ ~ining claims ~ ~ ~ $ % ~gal 1~ M.$. 4892 Grantor warrants to Grantee that it has good title in and to the TDR hereby conveyed, and that ;t has the fight to convey the TDR and to as.*figo the Certificate to Grmree. IN WI'~3NES$ WI4EREOF, Gnmtor has executed this Deed of Teansfetable Development Rights an~ Assignment of Irrevocable Cext~ficate of Transferable Development Right ~ of the date f~st above weitxm~. GRANTOR: Blueddge Capital Corporation J~n~--~%'van, Presider COUNTY OF PI~ ) The foregoing instrument ~ acknowledg~l be¢or* mc fl~i~. ~ day of 2000, by John Sullivan a~ President of Blu¢fidge Capital Corporation.. Witness my hand and official seal. , --.,,,,,,:.~2.~:;r: March le, I IIIIII IIIII UlIII IIIIII IIII IIIII IIIIII III II!11 IIII IIII '1, o,~ 2 R 10.~ I} 0.0~ N 1~.00 P~?I(IN'COONTY CO 07/18/00 TUE 12:27 FAX 9709259218 Charles Fagan ~006 c~.iflc.te Nnmber:_.Z:7~' I~VOCABLE CERT~CATE OF ~$FE~BLE Dc~pfion of~e~afion Site: A parcel of land co~isting ofm~ng olaima ~o~ as ~¢ S 3/4 ~gal T~der M.S. 4832, Badg~ M.S. 4832 ~d ~c H. D. Fish~ M.S. 4832, all wi~in ~c F~ing Pan Mining Dis~ct, Pi~ Count, Colorado. Pursuit to ~dg~ce Nos. 95-24, 96-37, and 9~3 ('~c~' ~g~ °~9~Wi~l.?~r$ W .lated provlslOm of~c Pitkin Coun~ L=d Use C~o ('~ode), ~is u nmea mat one O) ~on-mc~lim Tmnsf~ble D~elopm~t ~t h~ M~ a~uir~ ~om the P~e~afion Site. wMch may be eansfened to ~d used at a Receiver Site ~ pemit~ and in ac~rdance Mth ~e Ordinances ~d ~e Possession of~e od~al of this C~ffical*. properly ~dom~. will conmimte ~e o~ip by thc holder of the One (1) Non-M~n ~R heroin Tbs Cenifica~ ~y~ mf~ by endor~ent aM deliver. ~:~:~,v~cate ~s ,~evoc~le, ~ h&m Co~F, ColoMo wiH honor me s~e ~d is e~oppcd from its Si~a~ of Owner of ~e ~al pro~ at ~e t~, of Si~a~ of Au~od~d Official of Pi~n CounW' ~¢ issu~ of ~ s Centare- ' C I~ Biueridge Capital Cor~ration o _.__o: JoVan, ~sid~t - Sull:van as President of Bluefidge C~iml ~; ~::~Mg ins~ment w~ ac~owl~ged bef~e I IIIIII Illll Illlll IIIIII Illl IIIII III ,.,..,., ,. ,,, III IIIIIIII IIIII II ' "~.~ ~&TKZN ~TY CO I I EXHIBIT A8. I I I DEED OF DEVELOPMENT RIGHTS AND ASSIGNMENT OF IRREVOCABLE CERTIFICATE OF TRANSFERABLE DEVELOPMENT RIGHTS THIS DEED is made this 2'-c~- day of C)C~ ~.~.:~ (' ,2004 by and between Cadogan Resources Ltd., a Guernsey company' i~r~-'Grantor'') and Thomas R. Wheeler (hereinafter "Grantee"). IN CONSIDERATION of Ten Dollars ($ I 0.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor does hereby grant, assign and convey to Grantee, its successors and assigns, one Transferable Development Right (the "TDR") and the Irrevocable Certificate of Transferable Development Rights No. IR-00-1 I CH issued 7/31/2000 ("Certificate") representing same, arising from the "Preservation Site" legally described as: A parcel of land consisting of mining claims known as the S 3/4 of the Legal Tender M.S. 4832, Badger M.S. 4832, and The H.D. Fisher M.S. 4832, all within the Frying Pan Mining District, Pitkin County, Colorado Grantor warrants to Grantee that it has good title in and to the TDR hereby conveyed, and that it has the right to convey the TDR and to assign the Certificate to Grantee. No real property is conveyed with this document. I I I I I I IN WITNESS WHEREOF, Grantor has executed this Deed of Development Rights and Assignment of Irrevocable Certificate of Transferable Development Rights as of the date first above written. GRANTOR: Cadogan Resources Ltd. By: ADL One Limited, Director of Ca~.gga~ 3Resources Ltd. ~d6t _~[voc-. ,~_e.-._ (Signature) By.'~ '(~r r - "~ I, cG ~' ,,w a'v, (Print Name) Authorized Signatory Date: -2'~ kO - '2~©~ By: Fidsec Limited, Secretary of Cadogan Resources Ltd. .d~CLt'-~. _ ( Si gnat ur e) By: ~ V)c_4~L~G (Print Name) Authorized Signatory Date: '~2-'~ ' Notarization of signatures overleaf 3287313_1 DOC I i RETURN TO: THOMAS WHEELER 18TH STREET THOMAS DRIVE PALM BEACH GARDENS FL 33/1-18 incorporated in the [slafld of Guernsey and remains in good standing under the l~ws of the said Island and ! FURTHER CERTZFY and attest that signatures t4 Carr-Hulsman and L t4 Domaille written at the foot of the Document thereof are those of an Authorised Signatory of ADL One Limited Corporate Director and an Authorised Signatory of Fidsec Limited, Company Secretary and are the true and genuine signatures of Marianne Carr- Huisman and Lorraine t4ichele Domaille. The copy of the certificate of incorporation attached to document has been taken from the original which has been shown to me. IN FAZTH AND TESTZMONY WHEREOF ! have hereunto set my hand and affixed by Seal of Office at Guernsey this ,~" day of October Two thousand and Four. G T A BAINBRIDGE NOTARy PUBLIC 1 Le Marchant Street St Peter Port Guernsey o Channel tsl~,nds "gooql~.~Certificate means that the Company is in being at the dat~~~q[ that there are no proceedings pending against it in G~~n in Guernsey to wind it u,p as far as I am aware a~~,'~_[ at the Greffe (Guernsey s Company Registry). ']~_'~l~]~er of pending/winding up actions in Guernsey a~l.l~~ti.~'~; the public. The information on pending/winding ul~~~'lll]~ri~search by the Greffe of its computerised records of been raised in the Guernsey Courts maintained by the 0~l~n use and the accuracy of which is not officially guaranteeal~lll~ I I 1 CERTIFIED TRUE COPY G.T.A. BAINBRIDGE G T A BAINE, RIDG NOTARY PUSLIC 1 Le Marahant St~, St Peter Port Guernsey Certifitatt of ~Rtgi~tration No. 26984 that the Memorandum of Association and the Articles of Association of C A DO GAN RESOURCES LIMITED were registered on the Records of the Island of Guernsey on the 29th day of June, 1993 , pursuant to an Act .of the Royal Court of the said Island. Greffe, Guernsey, this 29th day of June, 1993 Her Ma.~esty's De~ I I I I I I I I I I I I I I I I I I I Exhibit B. BI. County BOCC Resolution 96-143 as Adopted, Vacating the Aspen Village Commons Subdivision and Associated Affordable Housing; Granting Scenic Overlay Approval of the Single Family Homesite, Single Family Parcel 1041 Hazard Review Approval, GMQS Exemption and Special Review for Caretaker Unit; Conceptual Submission Approval for a Single Family Homesite near Watson Divide; Special Review Approval for a Ranch Manager Employee Dwelling Unit on the Ranch Parcel. B2. County BOCC Resolution 98-86, Granting Extension of Yested Real Property Rights for Aspen Village, Inc. 1041 Hazard Review Approval (Resolution 96-143) for Lot A (Single Family Homesite and Caretaker Dwelling Unit Parcel) & Lot B (Ranch Parcel). B3. County BOCC Resolution 233-2002, Granting Approval of the Watson Divide (Aspen Village, Inc.) Minor Amendment to a Development Permit. I i I I I I I I I I I I I I I I I I I Exhibit B 1. County BOCC Resolution 96-143 as Adopted, Vacating the Aspen Village Commons Subdivision and Associated Affordable Housing; Granting Scenic Overlay APProval of the Single Family Homesite, Single Family Parcel 1041 Hazard Review Approval, GMQS Exemption and Special Review for Caretaker Unit; Conceptual Submission Approval for a Single Family Homesite near Watson Divide; Special Review Approval for a Ranch Manager Employee Dwelling Unit on the Ranch Parcel. l~.qOLLrrION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, VACATING THE ASPEN VILL.AGE COMMONS SUBDI3rISION AND ASSOCIATED AFFORDABLE HOUSING, GRANTING SClC OVERLAY APPROVAL OF THE SINGLE FAMILY HOMESITE, SINGLE FAMII¥ PARCEL 1041 HAZARD RE',r[EW ~PPROVAL, GMQS EXEMPTION AND SPECIAL REVIEW FOR CARETAKER UNIT, CONCEFI~AL SUBMIS.SION APPROVAL FOR A SINGLE FAlV~.Y HOMESITE NEAR WATSON DIVIDE, SPECIAL REVIEW APPROVAL FOR A RANCH MANAGER EMPLOYEE DWELLING UNIT ON'THE ..RANCH PARCEL Resolution No. 96- ~ ~/~ ' RECITALS 1. Aspen Village, Inc. has applied to Pitldn County for the following approvals: to develop a single family homesite and caretaker unit near Watson Divide on the Single Family Dwelling Parcel (Lot A) to vacate the Aspen Village Commons Subdivision and associated affordable housing obligation and to develop an Employee Dwelling Unit for a ranch manager on the Ranch Parcel (Lot B). 2. Lots A and B are as shown and described on the 1041 Ha?ard. ~eview Site Plan and are included within the legal description set forth on Exhibit A attached. 3. The application was reviewed by the Pitkin County Planning and Zoning Commission at their regular meeting on February 20, 1996, and the Planning Commission recommended approval with conditions. 4. The Board of County Commissioners reviewed the application at its regular meeting on April 2, 1996, and at the public hearing on April 16, 1996, which public hearing was continued until April 23, 1996, at which time evidence and testimony was presented with respect to this application. 5. The Board of County Commissioners found the application to be in general compliance with the policies and regulations of the Land Use Code. '393062 05/28/96 03:?'~ PG 2 OF 49 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners hereby grants approval to Aspen Village, Inc. for scenic overlay approval of the single family homesite, single family lot 1041 I-laTard Review Approval, GMQS exemption and special review for caretaker unit; conceptual submission approval for a single family homesite near Watson Divide; special review approval for a ranch manager employee dwelling unit on the Ranch Parcel subject to the following conditions: A. The Single Family Homesite and Caretaker Unit Parcel -- Lot A. 1. The single family homesite and caretaker unit on the 554 acre Lot A is hereby ' approved subject to the following conditions:' a. The single family dwelling and the caretaker unit shall be located within the development envelope as the same is shown on the recorded site plan. b. Pitldn County shall amend its 1041 HaTard map to more accurately depict the c. ;fififiveCalwal~bllgta~tinargeassh;~ i~e proaffech~bitL°~ ;om the development envelope to the e. Compliance with all wildlife report recommendations as set forth in the Wildlife Evaluation and Conservation Plan prepared by Rich,,~ W. Thompson, dated August, 1995, attached hereto as Exhibit B , as amended. f. To mitigate geologic ha?ards, soils tests and an engineered foundation shall be required to be submitted with the building permit application. 2 05/28/96 03:3~ c,G 3 OF 49 g. Single family dwelling and caretaker unit shall be placed uphill of the existing irrigation ditch and no structure or landscaping within the development envelope shall interfere with the irrigation ditch easement within the envelope or the ability to perform normal ditch maintenance activities. h. Scenic Overlay approval shall be subject to the following conditions and requirements: · A portion of the building envelope shall be designated with a maximum height limit not to exceed 15 feet. · Use of earth tones or colors on the house. The roof shall be a dark shade of gray or brown. · Promote the use of natural building materials such as stone and · Create soft, sloping and segmented forms when designing the house and its roof. · The roof shall comprise a minimum of 40% of the total new area height of the structure. It shall have an overhang of a minimum of 3'-0" over 80% of the length of the eaves. Roof ends shall be hipped. · · The roof shall have a minimum 30° and a maximum of 44" pitch. Alternatively, earth sheltered roofing may be used. · Use landscaping to help the house fit in with its surroundings. · Non-reflective surfaces shall be used. Windows shall be shaded. · Exterior lighting shall be downlighting from concealed light sources. 393062 05/28/96 03:3r ~ PG 4 OF 49 i. Disturbance of Lot A shall be limited. All development activity will occur within the designated development envelope and the leachfield of approximately 60,000 sf., or such size as may be approved by the Aspen/Pitkin County Environmental Health Department, shall be located in the area shown on the site plan. At least 60% of the driveway shall be along the existing roadway from the Watson Divid& Road to the development envelope. The driveway shall be designed to minimum standards to meet fire protection requirements. Any areas within the development envelope and leachfield disturbed during construction shall be revegetated. j. Maintain the agricultural activities and use of irrigation water on the property as historically used and for landscaping within the development envelope. All irrigated lands shall remain intact. All landscaping of the property shall take place within the development envelope. k. The following conditions shall also apply to the development envelope: · Adequate mechanical support shall be provided for cut slopes. · Adding water which may decrease slope stability shall be avoided. · Adding weight to the top of the slope shall be avoided. · Disturbed slopes must be contoured so that they can be revegetated. · Steepening of existing slopes shall be avoided. · Confine cuts, fills, grading and excavation to the minimum area needed for construction. · The removal of vegetation shall be minimized to within the development envelope and leachfield area. 4 I 393062 05/28/96 03:3~ PG 5 OF 49 I I I Where existing vegetation is altered for utilities or access, the disturbed area shall be revegetated wherever practical. To minimize impacts on wintering wildlife, no construction activity shall take place outside of the dwelling structure from I I l December 1 through March 31 during any year, except that such outside construction activity may take place during said period during the first year of construction. Construction hours shall be between the hours of 7:00 A.M. and 7:00 P.M. There will be no mesh or woven wire fences, on Lot A. All fences on Lot A I I I ms shall be limited to a maximum of three (3) strands of wire or three (3) rails and 42 inches in height. During fall and spring deer and elk migration periods, portions of fence shall be taken down to promote wildlife movement. Brush, debris and non-ornamental vegetation shall be removed within a minimum of 10 foot perimeter around the dwelling structure. I 1 no Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels ~ minimum of a 30 foot perimeter around a structure built on flat ground. (For greater slopes ref. CSFS Safety Zone chart, Page 13, Wildfire Guidelines for Rural Homeowners). Spacing between clumps of brush and vegetation within the 30 foot I I I perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. I I 5 I 393062 05/28/9~ 03:30~ ~ 6 OF 49 p. All branches from trees and brush within the 30 foot perimeter shall be pruned I to height of 10 feet above the ground and removal of ladder fuel from around I trees and bush. · q. Tree crown separation within the 30 foot perimeters shall have a minimum of I I0 feet between the edges of the crowns. This does not apply to mature stands of aspen trees where the above recommendation for removal of ladder fuels I has been complied with. In areas of aspen regeneration, the spacing guidelines i shall be followed. r. All branches which extend over the roof eaves shall be trimmed and all I branches within fifteen (15) feet of the chimneys shall be removed. I s. The density of fuels within a 100-foot perimeter of the structures shall be reduced where natural reduction has not already occurred. I t. All deadfall within the 100-foot perimeter shall be removed. u. The owner of Lot A shall be responsible for the continued maintenance of the I defensible space vegetation requirements. v. The house and caretaker unit will be served by a septic system. An area of I approximately 60,000 sf., or such area as may be required by the Aspen/Pitkin I County Environmental Health Department, shall be provided for the leachfield. This area shall be located on the site plan. I w. All utility lines will be placed underground and along the driveway alignment. x. Approval of a weed man:igement plan and performance guarantees prior to I issuance of any building permits. I y. Execution and recording of a deed restriction for the Caretaker Dwelling Unit prior to the issuance of a building permit. i 6 ~9~062 0S/28~ , ~30P PG 11 OF 49 T~NCE N 46° 30' 52 ~CES 52~ 48' 51" W, 31.78 F~;' ~CE S 21" ~' 35' ~NCE 40.56 F~ ALONG A NON-TANG~ C~o TO ~ ~G~, ~G A ~S OF 197.25 ~, A C~L ANGLE OF 11 46' 55" ~ A CHO~OF~CHB~S 19"52'34" W 40,49~ · ~CE 451.~ F~I' ALONG A C~JO ~ mG~'HAV~G A ~DmS OF 427.82 F~Jg A ,~T~L ANG~ OF ~cs s sg- ~2' ~o' w, 23v.6~ ~; ' ~CE ~ 62' 31' 42' W, 124.21 FE~: - ~c~ ~ ~ o7' ss- w, ~.95 ~uc~ 9~.52 F~ ~o~s ~ cmwjo ~ ~ ~o a ~mus oF ~s s 8~' 32' 32' w, 86.,~ s w, 5.88 ~CES ~3~ 13'02~ W, 115.28 ~' ~ENCE S ~6' 46' 58' E, 2~'~ ~.' ~NCE N 20~ 4a' 05~ w, 2~.~ F~; ' '~CE N 12* 06' 52' E, 497.27 ~ TO ~ POI~ OF BEGI~NG CO~A~G 879A6 AC~, MO~ OR L~S. ! I I I' I I I I I I I ! ! Exhibit B2. County BOCC Resolution 98-86, Granting Extension of Vested Real Property Rights for Aspen Village, Inc. 1041 Hazard Review Approval (Resolution 96-143) for Lot A (Single Family Homesite and Caretaker Dwelling Unit Parcel) & Lot B (Ranch Parcel). RE~OLUTION OF ~ ~ OF CO~ COMM~LqSIOlk CGLORADO, GRANTING EXTENSION OF VESTED REAL PROPERTY RIGHTS FOIt Afi2'~N VTt,r,AGE, INC. 1041 1~ ZMtD REVIEW APPROVAL (RESOLIYrION NO. 96-143) FOR LOT A (SINGLE FA1V~,Y ~Oi~ESITE AND CARETAKER DWELLING UNIT PARCEL) & LOT B (RANCH PARCEL) R~olufion No. 98-.~ Aspen Village, Inc., hereafter "Applicant", has applied to the Pitkin County Board of County Commissioner_n, herea~er "Board", to cons/der an extension of vested real Property rights for Lots A and B of the Aspen Village (The Conservation Fund), pursuant to Section 4-140.30 of the Land Use ' Code. o The property received a Scenic Overlay Approval of the Single Family Homes/re, Single Family Parcel 1041 HnTnrd Review Approval, GMQS Exempt/on and Special Review Approval for a Caretaker Unit; Conceptual Subm/ssion Approval for a Single Family Homesite Near Divide; Special Review Approval for a Ranch Manager Employe~ Dwelling Unit on the Ranch Parcel in 1996 pursuant to Resointion No. 96-143. The site plan was recorded in Book 41, Pages 3 39 and 40. ., 3. Lots A and B are shown and desen'bed on the Aspen Village, Inc. 1041 H~7,~d Revie~v Site Plan and arc included within the legal description set forth on Exhibit A in Resolution 96-143. o The Board heani this application at its regularly scheduled meeting on May 13, 1998, at which time evidence and testimony were presenmd with resP~t to the application. The Board d~ermined that the proposed development me~ts the criteria esr. ablished in Section 4-14030 . fthe Land Use Code, and therefore found the extension to be ap[ opdate. NOW, TFrl~v. VORE BE IT RESOLVED by the Pitkin County Board of County Commissionerz hereby grants approval to Aspen Village, Inc. an exumsion to the vested property rights until April 1, 2002, for Lot A and Lot B subject to the following conditions: The Applicant shall comply with the provision of the Board of County Commissioner~ Resolution 96-143 unless otherwise replaced or amended by the conditions of this approval. The Applicant shall comply with the amended Pitkin County fencing requirements on Lots A and B. During fall and spring de~r and elk migration periods, portions of the fence shall be taken down on each side of Watson Divide Roadto promote wildlife movement_ ~ (~ q'ha Applicant shall a. · for and receive an access permit from ; County Engineer prior t0 the issuance of any building perm/ts. A variance from ~he Board ofAd. iustment may be require// prior to the issuance of an access perrnk. For any free market residential sa'ucture of 5,000 gross square.feet or greater, the appffcant s~all comply with Section 4.01.01(B) of the Pitkin County Ro~ Management and Maintenance Plan, which requires the applicant to provide construction trip and residential tr/p generation studies. 'Uae applicant shall comply with this provision as it is in effect at the time of building permit issuance to the satisfaction of the County Eng/neer. Prior to obtaining, a building permit for construction of any stxucture on t/ia ranch manager property, the Applicant shall consult with the Aspen Village Mobile Home Park Subdivision Horn. eowners Association and Propose appropr/at= mitigation for problems ofdusg traffic, water use ~mpacts and smell from livestock. NOTICE OF PUBLIC lq'~ a_.RING PUBLI~qI:i'~ IN ~ ASPEN TIMES ON ~ 21ST DAY OF M.A.RCH, 1998. APPROVED AND ADOPTED ON TI~ 13TH DAY OF l~ffA¥, 1998. BOARD OF COLrNTY COMMISSIOIVERS 'Domth .F_an s/ n. '. Date: ~ ~' APPROVED AS TO FORM: Case #P 18-98 PID #2643-064-90-128 APPROV1713 AS TO CON t ,~FF: Cindy Houb~n~- Community Development Direc~r Exhibit B3. County BOCC Resolution 233-2002, Granting Approval of the Watson Divide (Aspen Village, Inc.) Minor Amendment to a Development Permit. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL OF THE WATSON DIVIDE (ASPEN VILLAGE INC.) MINOR AMENDMENT TO A DEVELOPMENT PERMIT Resolution No.f,,~.~-2002 RECITALS 1. Watson Divide Inc. C'Applicant') has applied tQ the Pie, in County Board of County Commissioners ("BOCC") to consider a Minor Amendment to a Development Permit pursuant to Code Section 3-200-080 2. The property is described as Watson Divide Ranch Lot A and B of the Aspen Village Inc. 1041 Hazard Review Site Plan. The property is more specifically described in Exhibit A. 3. Lots A and B are zoned AFR-I 0 and contain 554 and 296 acres respectively. 4. The BOCC heard this application at a public meeting on November 6, 2002, at which time evidence and testimony were presented with respect to this application: 5. The BOCC has determined that the proposed development meets the criteria asmblished in Sections 3-200-080 of the Land Use Code, and ~erefore found the proposal to be appropriate. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the Watson Divide (Aspen Village Inc.) Minor Amendment to a Developmem Permit subject to the following conditions, which shall run with the land and be binding on all successors in interest. Condition No. A. ( 1 ) (h), paragraph No. 5 of Resolution No. 96-143 shall be amended to read as follows: The roof shall comprise a minimum of 40% of the total new area in height of the structure. It shall have an overhang ora minimum of 3' - 0" over 80% of the length of the eaves. The Applicant shall adhere to all material representations made in the application mad in the public meetings as represented in Exhibit B. Resolution Noaq~.'g -2002 Page 2 Page: SILVI~ DRVIS PIT~(IN COUNTY CO APPROVED AND ADOPTED ON THE 6TM DAY NOVEMBER 2002. ATTEST: L / · ~.t_,; -'Jeanette Jones, · Deputy Clerk and Recorder BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Patti Kay Clapper,(,/. ' Chair Date: APPROVED AS TO FORM: John ~ ~Attomey APPROVED AS TO CONTENT: ~llndy-Houbelh~ Community Development Director Case #P135-02 PIDg 264306300001 EXI/IBIT "A" 477257 page: 3 of A TP,.ACT OF LAND ~lrl'~AT~D SECT]IONS 1, 2 AND 12 OF TOWNSHIP 9 SOUTH, RANGE 86 WEST OF TI-IE 6th PRINCIPLE MERIDIAN AND SECTIONS 7 AND $, TOW'NSI~IP 9 SOUTH, RANGE 85 WEST OF THE 6th PRI2qC2~-~AL IViERIDIAN, PITKIN COUNTY, COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST 1/4 CORNER THENCE S 89° 59' 42" W, 3742.68 FEET; THENCE S 29° 30' 21" W, 166.79 F'E~T; THENCE S 37° 08' 11" W, THENCE N 76° 11' 39" W, THENCE S 53° 16' 21" W, TI-IENCE S 26° 54' 16" W, 410.24 812.56 FEET; 323.79 FEET; 127.90 FEET; OF SAID SECTION 1; THENCE S 03° 27' 50" E, 325.44 FEET; THENCE N 82° 06' 45" W, 180.18 FEET; TI-IENCE N 16° 16' 12" W, 26.94 FEET; THENCE 165.68 FEET ALONG A NON-TANGENT CURVE TO THE LEFI, HAVING A RADIUS OF 124.43 FEET, A CENI'KAL ANGLE OF 76° 17' 25" AND A CHORD OF WHICH BEARS N 54° 24' 53" W, 153.71 FEET; THENCE S 87° 26' 19" W, 80.45 FEET; THENCE 144.67 FEET ALONG A NON-TANGENT CURVE TO Tl-i~ LEFT, HAVING A RADIUS OF 90.16 FEET, A CEN tx. AL ANGLE OF 91° 56' 05" AND A CHORD WHICH BEARS S 41° 28' 18' W, 129.64 FEET; THENCE S 04° 29' 4T' E, 106.53 THENCE 65.44 ~:~'1' ALONG A CURVE TO THE ~-1' HAVING A RADIUS OF 230.61 FEET, A CENTRAL ANGLE OF 16° 15' 31" AND A CHORD WHICH BEARS S 12° 37' 36" E, 65.22 FEET; Ti-IENCE S 20° 45' 25" E, 29.17 FEETi THENCE 73.78 ~-~=~'t' ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 28.25 FEET, A CENTRAL ANGLE OF 149° 38~ 18" AND A CHORD WHICH BEARS S 54° 03' 44" W, 54.53 FEET; THENCE N 51 ° 07' 35" W, 49.23 FEET; THENCE 61.12 F~:-'~'T ALONG A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 115.54 l~'~=~=-I', A C-'ENI'RAL ANGLE OF 30° 18' 33' AND A CHORD OF WHICH BEARS N 24° 43' 41' W, 60.41 THENCE N 09° 34' 25" W, 210.91 FEET; THENCE N01° 39' 08' W, 121.71 FEET; THENCE N 89° 43' 08" W, 332.45 FEET;' THENCE S 28° 30' 08' E, 1092.47 FEET; THENCE S 51° 35' 08' E, 200.60 FEET; THENCE S 03° 01' 52" W, 132.10 FEET; THENCE S 41 '~ 36' 08' E, 102.00 FEET; TI-lY_2qCE N 75 ° 03' 08" E, 142.45 FEET; Tt-IF_2qCE S 87° 18' 51' E, 22.16 FEET; THENCE $ 51" 35' 08" E, 254.20 FEET; 39~062 0~/2~/96, o PG 10 OF 49 " THENCE S 07° I4' 44" E, 2158.42 FEET; THENCE S 39° 20' 50" W, 661.80 FEET; THENCE S 24° 09' 52" W, 355.48 FEET THENCE S 00° 18' 48" E, 1185.63 FEET THENCE N 63° 09' 56" E, 562.10 FEET THENCE N 35" 20' 56' E, THENCE lg 39° 51' 14" E, TI-IENCE N 63° 02' 14" E, THENCE N 72° 19' 37" E, THENCE N 39° 5i' 31" E, THENCE N 76° 01' 41" E, THENCE N 80" 51' 09" E, TIt'ENCE S 66° 02' 39" E, 678.18 FEET 69.90 FEET 254.97 FEET: 577.52 FEET 700.41 FEET, 663.19 FEET; 563.90 FEET; 573.52 FEET; THENCE N 85° 39' 41" E, 897.65 FEET; THENCE S 75° 40' 27" E, 625.25 THENCE N 03° 06' 45" W, 624.73 FEET; THENCE N 89° 17' 23' E, 2361.84 FEET THENCE N 36° 22' 50" E, 978.53 FEZ'I' THENCE N 68° 46' 00' E, THF_2qCE N 83° 41' 00" E, THENCE N 85° 19' 00" E, THENCE N 72° 45' 00' E, THENCE S 86° 18' 00" E, THENCE N 85° 49~ 00" E, THENCE $ 84° 41' 00' E, TRENCE S 83 ° 23' 00" E, TTtENCE N 80° 14' 00" E, THENCE N 83° 39' 00" E, THENCE N 78" 28' 00" E, THENCE N 83° 10' 00" E, THENCE N 75° 46' 00" E, THENCE N 75° 59' 00' E, THENCE N 24° 20' 00" E, THENCE N 65° 53' 50" W, TI-[ENCE N 65° 53' 50" W, THENCE N 65° 05' 32' W, TIIENCE N 65° 38' 48' W, THENCE N 45° 29' 52" W, THENCE N 44° 31' 16' W, THENCE N 44° 42' 50' E, THENCE N 43° 01' t0' W, THENCE S 44° 25' 50" W, 184.10 FEET 71.40 F~I='I ' 137.80 FEET: 422.70 FEET 119.70 FEEl 268.80 117.30 FEET; 245.80 FEEl'; 197.90 FI~gT; 134.50 FEET; 216.40 FEET; 130.30 FEET; 155.60 FEET; 78.40 FEET; 196.89 FEET; 99.07 FEET; 300.00 FEET; 297.69 FEET; 299.66 FEET; 297.06 FEET; 324.18 FEET; 199.47 FEET; 1070.41 FEET; 20.40 FEET; THENCE bl 55* 21' 40' W, 293.50 FEET; THENCE 232.60 FEET ALONG A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1332.39 FEET, A CENTRAL ANGLE OF 10' 00' 08" AND A CHORD OF WHICH BEARS N 56* 34' 10" W, 232.30 FEET; THENCE bi 58° 44' 10" W, 173.37 FEET; THENCE S 11° 59' 51~ W, 90.43 FEET; THENCE $ 77° 32' 38' W, 552.24 FEET; THENCE N 74° 43' 03' W, 684.00 FEET; THENCE N 60° 37' 22" W, 228.50 FEET; 477257 P&ge: 4 of 6 el/13/2cea e2:seP R e.ee D e.ee ' ~OP PG 11 OF 49 THENCK N 46* 30' 52" W, 700.00 PEET; TI{-HNCE S 52* 48' 51" W', 31.78 FP_J~'T; TI~IENCE $ 21° 06' 35' E, 2].98 ~; TH]ENCE 40.56 FEHT ALONG A NON-TANGENT CURVH TO ~ RIGIqT, PIAVLNO A RADIUS OF 197.25 FH~q', A CF2N'TRAL ANGLE OF ]i° 46' 55" AND A CHORD OF V~qICH BEARS S 19° 52' 34' ~,V, 40.49 FEHT; TI-IENCE $ 29° 03' 29" W, 202.33 FHHT; Ia~NCE 451.64 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 427.82 FEET, A C~L ANGLE OF 60' 29' I1" AND A CHORD WI-IICI{ BEARS S 59° 18" 04" W, 430.96 FEET; 774gNCE S 89' 32' 40" W, 237.61 FEET; TI-IENCE N 62' 31' 42" W, 124.21 FEET; THENCE N 61° 07' 58' W, 14.95 'FEET; THENCE 91.52 FEET ALONG A CURVE TO TI-IE LEFr HAVING A RADIUS OF 81.11 FEET, A CENTRAL ANGLE OF 64' 39' 00" AND A CI{ORD WI-IICI{ BEARS S 86° 32' 32" W, 86.74 FEET; T'~NCE S 54° 13' 02' W, 75.78 FEET; THENCE 56.14 FEET ALONG A CURVE TO THE RIGHT I{AVING A RADIUS OF 169.27 FEET, A CENTRAL ANGLE OF 19' 00' 06" AND A CHORD WHICH BEARS S 63' 43' 05" W, 55.88 FEET; THENCE S 73' 13' 02" W, 115.28 FEET; THENCE S 16° 46' 58" E, 215~00 FEET; THENCE N 20° 44' 05" W, 215.00 FEET; 'THENCE N 12° 06' 52" E, 497.27 FEET TO THE POINT OF BEGINNING CONTAINING 879.16 AC1LES, MORE OR LESS.