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HomeMy WebLinkAboutpitkin.planning.264314100002, 264314100003 (2007)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (llxl'~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITIQN COUNTY, COLORADO, APPROV WG THE CRAIGIfASKER AMENDMENT TO A DEVELOPMENT PERMIT (PARCELS 2 AND 3, CRAIG RANCH PARCELS) Resolution No. ~-2007 RECITALS 1. Michael Creig and Lisa Tasker ("Applicant") have applied to the Pitkin County Board of County Commissioners ("BOCC") to amend the prior approval for Parcels 2 and 3 to merge the two parcels into one parcel for development purposes. The insulting parcel (Amended Parcel 3) would contain 303 acres and would accommodate one single family residence, a caretaker dwelling unit and accessory structures with a total allowable floor area of 10,750 square feet. Development would occur within the previously approved building envelope on Parcel 3. 2. The property is located off of Woody Creek Road, and is described as Parcels 2 and 3, Craig Ranch Parcels. 3. The parcels ero caned RS-20 and contain 53.9 and 249.1 acres, respectively. 4. The BOCC granted approval of the eight Craig Ranch Parcels pursuant to Resolution No. 144-2004. This approval established building envelopes on Parcels 2 and 3, designated Parcel 2 a receiver site for a TDR for an initial development right and established that Parcel 3 could be developed with the fathering parcel development right associated with the portion of the Craig Ranch located to the northeast of Woody Creek Road. The approval limited the residences on each of Parcels 2 and 3 to a maximum of 5,750 square feet of floor aina and prohibited caretaker dwelling units on these parcels. The approval is memorialized in a Development Agreement recorded as reception #525493 (included in application). 5. The BOCC heard this application at a duly noticed public hearing on May 23, 2007, at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that the proposed amendments are consistent with the applicable provisions of the Land Use Code, and will result in a decrease in the density and associated impacts. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the requested amendments to Pareels 2 and 3 of the Craig Ranch Parcels, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The Applicant shall comply with all conditions and restrictions of BOCC Resolution No. 144-2004 and the Development Agreement recorded as Reception No. 525493, except as amended herein. 3. Within 90 days of the date of this approval, the Applicant shall be required to submit for approval by Community Development and the County Attorney an amendment to the Development Agreement, an amended plat reflecting the merger of Parcels 2 and 3, and an amended site plan to eliminate the I~III~InIII~I~IIIIIII~~~IIIInINIIIIIIN 5~8 200 04:30 ]NNICE K Y05 CpUDILL PITKIN COUNTY CO R 0.00 D 0.00 Resolution Na. ~-2007 Page 2 building envelope and driveway on Parcel 2. The above referenced approvals shall be a condition precedent to finalization and recordation. The Development Agreement amendment shall include the following provisions and shall amend all applicable provisions of the Development Agreement: A. The merger of Parcels 2 and 3 and elimination of the building envelope and driveway on Parcel 2. B. The limitation of development on Amended Parcel 3 to a maximum of 10,750 square feet of floor area, inclusive of the single family residence, the caretaker dwelling unit and all accessory structures. Agricultural buildings shall be prohibited. C. Permission to develop a caretaker dwelling unit on Amended Parcel 3. D. The requirement to utilize two TDRs for floor area in excess of 5,750 and up to 10,750 square feet. 4. At building permit application for the new residence and caretaker dwelling unit, the Applicant shall surrender two TDR Certificates and a copy of the deed(s) evidencing the Applicant's acquisition of the Certificates (if applicable), in order to develop in excess of 5,750 and up to 10,750 square feet of floor area. 5. The caretaker dwelling unit shall be limited to 1,000 net livable square feet and shall be located within the approvod building envelope. The kitchen shall domain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16°D X 5.25'71, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A minimum of one off-street parking space shall be provided for the unit. The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared utilities. 6. Prior to issuance of the building permit for the caretaker dwelling unit, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. The Housing Office may inspect the unit. 7. Construction workers shall not be permitted to bring dogs on the site during construction. 8. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. I~~~I~~~~~~II~~~ es°es6 e0 e4:ae JiWtCE K VO6 CMAILL P[n(rN C:DIRfTY CO R 0.aa D 0.ea Resolution No.~/T 3 -2001 Page 3 NOTICE OF PUBLIC REARING PUBLISHED IIY THE ASPEN TIMES on the 22"" day of April, 2007. APPROVID AND ADOPTED on the 23td day of May, 2007 ATT)~ST: ,~ ~ , , Jeanette Jones, ~ Deputy Clerk and R~corder APPROVED AS TO FORM: ~-- - , ~ ~ John Ely, Co ttomay Case #P038A7 PID# 2643141110002 & 264314100003 BOARD OF COUNTY COMMISSIONERS OF ITKIN CO C DO ichael Owsley, Chair Date:~3~'b / APPROVED AS TO CONTENT: y Community Development Director ~n~~~~~N~~~( 538640 1~ n IIN v.e.: a .r a xa~ICE K VCS CgUDILL PITKIN COUNTY Co esiasizes~ a4:ae R s.a o s.ee MEMORANDUM TO: Pitkin County Board of County Commissioners Regular Meet~~ing -May 23, 2007 THRU: Cindy Hoube'ff;~unity Development Director FROM: Suzanne Wolff, Senior Planner* RE: Craig/Tasker Amendment to Development Permit SUMMARY OF REQUEST: The Applicants have requested to amend the prior approvals for Parcels 2 and 3 to merge the two parcels into one parcel for development purposes. The resulting parcel (Amended Parcel 3) would contain 303 acres and would accommodate one single family residence, a caretaker dwelling unit and accessory structures with a total allowable floor area of 10,750 square feet. Development would occur within the previously approved building envelope on Parcel 3. APPLICANTS: Michael Craig and Lisa Tasker REPRESENTATIVE: Sunny Vann LOCATION: Woody Creek Road; Parcels 2 and 3, Craig Ranch Parcels ZONING: The parcels are zoned RS-20 and contain 53.9 and 249.1 acres, respectively. REFERRAL AGENCIES: Comments from the Woody Creek Caucus District Planning Commission and Division of Wildlife are attached for reference. BACKGROUND: The BOCC granted approval of the eight Craig Ranch Parcels pursuant to Resolution No. 144-2004. This approval established building envelopes on Parcels 2 and 3, designated Parcel 2 a receiver site for a TDR for an initial development right and established that Parcel 3 could be developed with the fathering parcel development right associated with the portion of the Craig Ranch located to the northeast of Woody Creek Road. The approval limited the residences on each of Parcels 2 and 3 to a maximum of 5,750 square feet of floor area and prohibited caretaker dwelling units on these parcels. The approval is memorialized in a Development Agreement recorded as reception #525493 (included in application). STAFF COMMENTS: The Applicants' proposal would eliminate one homesite and the associated infrastructure. In exchange, the Applicant is requesting approval for one single family residence and a caretaker unit with a maximum floor area of 10,750 square feet, all of which would be developed within the previously approved building envelope on Parcel 3. The request is subject to the following Code criteria: GMOS EXEMPTION FoR TDRS: The transfer of a single family dwelling development right to a separate parcel or "Receiver Site" within Pitkin County is exempt from GMQS pursuant to Section 6-30-SO.b.2.b and is subject to the standards and criteria of Section 6-70-40.b and to the special review criteria in Section 2-30- 000001 ~ l.~ 30.h.2. The Applicant proposes to utilize two TDRs for additional floor area up to 10,750 square feet of floor area. GMOS EXEMPTION FOR CARETAKER DWELLING UNIT: Pursuant to Subsection 6-30-40.c, one attached or detached CDU of up to 1,000 square feet of net livable square feet is exempt from growth management, subject to special review and the following criteria: • The floor area of the caretaker unit shall be included in the total allowed floor area (10,750 square feet). • One parking space shall be provided. • The unit shall be deed restricted for use by qualified employees as defined in the Housing Guidelines or members of the owner's immediate family. • The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. • The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared utilities. SPECIAL REVIEW: Special Review approval is required to construct to establish the property as a TDR Receiver Site and to construct a caretaker dwelling unit, subject to compliance with the following standards. As noted above, the Applicant proposes to utilize two TDRs for additional floor area up to 10,750 square feet of floor area. A. The special review use shall be consistent with the applicable County Master Plan Response: The proposed additional floor area and caretaker dwelling unit are consistent with the Woody Creek Master Plan. The proposed amendment will reduce density and concentrate development on one parcel. The Woody Creek Caucus District Planning Commission has no objections to the application. 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 Chapter 1. Response: The proposed development does not conflict with the applicable provisions of the Code, as specified within this memorandum, or with the County land use policies. C. The proposed development must not materially endanger the public health, safety or welfare. D. The proposed development must not substantially injure the value of adjoining or abutting property. Response: Staff has no information that would indicate that the development would endanger the public health, safety or welfare, or injure the value of adjacent properties. D. The special review use shall be consistent with the intent of the Zone District in which it is proposed to be located. , 2 aaa~~~ Response: The intent of the RS-20 zone district is to "Permit low density, single family residential development and customary accessory uses." The proposed uses are consistent with the intent of the zone district. E. The 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. Response: The proposed residential development is compatible with surrounding residential uses. The other Craig Ranch Parcels are limited to 7,500 square feet of floor area (not including agricultural buildings, which are permitted on those parcels). The residential parcels created from the Compass property are limited to 7,500 square feet of floor area (also not including agricultural buildings). These parcels were all designated TDR receiver sites in order to develop up to 7,500 square feet of floor area. While the Applicant is requesting approval for more floor area than was allowed for those parcels, agricultural buildings are to be prohibited on Amended Parcel 3 and merging Parcels 2 and 3 creates one parcel that is considerably larger than the other Craig Parcels and the School Parcels. Therefore, staff feels that the larger floor area is compatible with surrounding development. In addition, caretaker units have been approved in the surrounding area. F. The location, size, design 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/water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: The proposed residential development is compatible with surrounding residential uses. Elimination of the second homesite and clustering of development within the previously approved building envelope on Parcel 3 will lessen impacts. The Division of Wildlife supports the amendment and states that the merging of the parcels "would be beneficial to wildlife." In addition to prior recommendations to minimize impacts on wildlife that are memorialized in the Development Agreement (including prohibiting dogs on Parcels 2 and 3), the DOW recommends that the CDU be attached to or within close proximity to the main residence. Given that the building envelope is'limited to slightly less than one acre (40,000 square feet), and the CDU must be located within the building envelope, staff does not feel it is necessary to require the CDU to be attached. G. 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: Impacts on public facilities and services will be reduced with the elimination of the second homesite. All costs associated with utility upgrades will be borne by the owner of the parcel. The residence and CDU will be served by a well and individual septic system(s). H. The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4-30 and/or Sec. 2-40-20. Response: The standards from Sec. 4-30 are addressed above, and no standards from Sec. 2-40-20 are applicable. ooooo~ VESTED RIGHTS: The BOCC granted a 15 year vested right for the development of the Craig Ranch Parcels (vested until October 13, 2019). The proposed amendment does not affect (shorten or extend) the approved vesting period. RECOMMENDATION: Staff recommends that the BOCC approve the Craig/Tasker Amendment to a Development Permit, subject to the attached Resolution. ATTACHMENTS: 1. Division of Wildlife 2. Woody Creek Caucus District Planning Commission Application provided separately ' Ms. Wolff is a professional planner with a Bachelor's degree in Urban Studies from the.University of Pennsylvania and is a member of the American Institute of Certified Planners. Ms. Wolff has worked for the Aspen/Pitkin County Community Development Department for 14 h years, and as a Planner/Senior Planner within thaz department for I 1 years. In her planning position, Ms. Wolff has reviewed numerous ]and use applications pursuant to the Pitkin County Land Use Code. 4 QUOLZQ~. STATE OF COLORADO Bill Ritter, Jr., Governor LO~~~ DEPARTMENT OF NATURAL RESOURCES b ~ ' DIVISION ~F WILDLIFE ~ 4 AN EQUAL OPPORTUNITY EMPLOYER- fQ~ ~'y Bruce McCloskey; DirectoF 6060 Broadway- _ For Wildlife-~ Denver, Colorado 80216 - ~ - For People Telephone: (303} 297-1192 ' April 26, 2007 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 RE: Craig/Tasker Amendment to Development Permit Dear Suzanne: The proposed amendment to merge parcels 2 and 3 into one parcel with one development site would be beneficial to wildlife and the Division supports the amendment. The Division recommends implementation of measures outlined in our 4-26-061etter, including the vegetative screening. In addition, the following recommendations would help to minimize impacts to wildlife and human-wildlife conflicts: 1. caretaker unit be attached or within close proximity to the main house 2. contractors/construction workers should not be allowed to bring dogs on site during construction. The Division has had problems with construction workers dogs chasing wildlife 3. contractors/construction sites are required by code to provide a bear proof container for all edible and food related trash in order to minimize an attraction for bears. This should be enforced and relayed to all workers and subcontractors. (compliance has been minimal in the past). Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright at 947- 2920. Sincerel G~~'-~ e~~~l Ar a Wildlife Manager Cc: R. Velarde, K. Wright, file SCANNED I DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director WILDLIFE COMMISSION, Tom Burke, Chair • Claire O'Neal, Vice Chair • Robert Bray, Secretary ~40~ Members, Brad Coors • Jeffrey CrawFord • Rick Enstrom • Roy McAnally • Richard Ray • Ken Torres Ex Officio Members, Hams Sherman and John Stulp ~ ~ ~ 15 07 09:22a April 30, 2007 Janet K. Schoeberlein 970-922-7295 Woody Creek Caucus District Planning Commission P. O. Box 297 Woody Creek, Colorado 81656 TO: Pitkin County Community Development Dept, 130 S. Galena St. Aspen, CO. 81611 Attn: Suzanne Wolff Craig/Tasker Amendment to Development Permit -Case P038-07 The Woody Creek Caucus District Planning Commission has considered the subject matter, and has no objections to the subject application. Sincerely, O. ` Philip J. olstein For the Woody Creek Caucus District Planning Commission Z ~~E~ p.l ooooos Suzanne Wolff From: Sunny Vann [vannassociates@comcast.net] Sent: Wednesday, August 15, 2007 10:30 AM To: Suzanne Wolff Cc: 'Art Daily' Subject: Craig Attachments: removed.txt removed.bct (387 8) Suzanne, Thanks for getting back to me in a timely manner re: the Craig deadline for submission of the amended plat and development agreement. As 2 understand you response, the August 21 deadline in the BOCC approval resolution was imposed by staff to ensure timely completion of the approval process. It is not a Code requirement. We should have the amended plat from our surveyor by the end of the month. I'll forward both the plat and the amended development agreement to you at that time. Thanks for the additional time! Sunny Vann, AICP Vann Associates, LLC 230 East Hopkins Avenue Aspen, CO 81611 Phone (970) 925-6956 Fax (970) 920-9310 E-mail: vannassociatesOCOmcast.net Z~~e~i y, ~ a ~Z J~~ 3 .~. VAN N ASSOC IATES, LLC Planning Consultants March 12, 2007 ~ z_~z 5~--..-.,.~., ~~. ~y HAND DELIVERED Ms. Suzanne Wolff Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Craig Amendment to Development Permit Dear Suzanne: Please consider this letter an application for an amendment to a previously approved development permit for the Craig Ranch Parcels which are located in the Woody Creek area of unincorporated Pitkin County (see Exhibit 1, Pre-Application Confer- ence Summary, attached hereto). The application is submitted pursuant to Sections 2-20-150(e)(2), 2-30-30(h)(2), 6-30- 40(c), 6-30-40(c) and 6-70-40(b)(1) of the Pitkin County Land Use Code (the "Code") by Michael Craig and Elizabeth Tasker (hereinafter "Applicants"), the owners of Parcels 2 and 3 which are the subject of this application (see Exhibit 2, Certificate of Ownership). Permission for Vann Associates, LLC to represent the Applicant is attached as Exhibit 3. An executed application fee agreement and a list of adjacent property owners is attached as Exhibits 4 and 5, respectively. Background As the accompanying First Amended Plat indicates, the Craig Ranch Parcels consist of eight separate parcels, the development rights for which were approved by the Board of County Commissioners (the "BOCC ") pursuant to Resolution No. 144-2004. The Resolution granted: (a) 1041 hazard review approval for the establishment of building envelopes on Parcels 2 through 8; (b) a growth management quota system ("GMQS") exemption for the replacement of one existing single-family dwelling unit on Parcel 5; (c) a GMQS exemption and .special review approval to designate Parcels 2, 6 and 8 as TDR receiver sites for initial development rights and Parcels 4 through 8 as TDR receiver sites for additional floor area; and (d) a GMQS exemption and special review approval for the construction of a caretaker dwelling unit on each of Parcels 5 through 8. 230 East Hopkins Ave. Aspen, Colorado 8161-1 97 0/925-6958 Fax 970/920-9310 ooooo~ Ms. Suzanne Wolff March 12, 2007 Page 2 Pursuant to Resolution No. 044-2004, the BOCC rezoned Parcel 1 of the Craig Ranch Parcels to Rural/Remote to permit the severance of transferrable development rights therefrom. A deed restriction prohibiting the development of Parcel 1 has been recorded with the Pitkin County Clerk (Reception No. 525496) and eight Irrevocable Certificates of Transferrable Development Rights have been issued by the Community Development Department. All but one of the TDRs will be used to develop the various parcels. The various conditions. and restrictions contained in Resolutions No. 044 and 144 have been memorialized in a development agreement for the Craig Ranch Parcels (the "Agreement"), a copy of which is attached hereto as Exhibit 6. Parcels 2 and 3 contain approximately 53.9 and 249.1 acres, respectively. Pursuant to Article II, paragraph 1(b) of the Agreement, the development of Parcels 2 and 3 is limited to "one single family residence and such accessory structures and uses as may be permitted from time to time in the RS 20 zone district or any successor thereto ". Caretaker dwellings unit are prohibited on the two parcels and each parcel is limited to a maximum allowable floor area of 5,740 square feet inclusive of the single-family residence and all accessory structures. The Agreement also requires that one TDR certificate be submitted with the building permit application for the single-family residence on Parcel 2. The single-family residence on Parcel 3 is to be developed with an existing development right which is attributable to the portion of the Craig Ranch originally located northeast of the Woody Creek Road (i.e., the East Mesa). This development right derives from the County's ownership of the Woody Creek Road which previously divided the Ranch into two separate parcels. As the accompanying 1041 hazard review site plans indicate, a site specific building envelope has been designated on each parcel. Proposed Amendment The Applicants propose to merge Parcels 2 and 3 into a single parcel for development purposes and to eliminate the previously approved building envelope on Parcel 2. The resulting parcel (hereinafter "Amended Parcel 3 ") will contain approximately 303 acres, the development of which will be limited to one single-family residence, a caretaker dwelling unit, and such accessory structures and uses as are permitted in the RS-20 zone district. Agricultural buildings will be expressly prohibited. The allowable floor area on the reconfigured parcel will be limited to 10,750 square feet inclusive of the caretaker dwelling unit and any accessory structures. As originally envisioned, the Applicants planned to construct their personal residence on Parcel 2 and to sell Parcel 3. Certain realities, however, have now rendered this plan infeasible. In reviewing their options with respect to Parcels 2 and 3, the Appli- ~~ooooo Ms. Suzanne Wolff March 12, 2007 Page 3 cants have focused on the parcels' overall wildlife and habitat values, and how to best conserve those values if they will not be living on the property. The Applicants have concluded that by eliminating one of the building envelopes, and its required infra- structure (e.g., access road, utilities, etc.), the existing development approval could be further enhanced. By reducing the number of residences on Amended Parcel 3 from two to one, the impact of development on this portion of the Craig Ranch should significantly decrease. The proposed elimination of a future saleable homesite obviously has significant financial implications for the Applicants. To offset this loss, the Applicants propose to increase the size of the single-family residence on Amended Parcel 3 fram 5,750 square feet to 10,750 square feet. The TDR which was to have been used to obtain the initial development right for the residence on Parcel 2 would be used to increase the allowable floor area on the Amended Parcel 3 to 8,250 square feet. A second TDR would have to be purchased by the new owner of Amended Parcel 3 to further increase its allowable floor area from 8,250 square feet to 10,750 square feet. As noted previously, a caretaker dwelling unit is also requested to allow for the housing of an on-site employee. The caretaker unit's floor area, however, would be included in the reconfigured parcel's maximum floor area limitation as well the floor area of any additional accessory uses. While the proposed amendment will result in a larger residence on the reconfigured parcels, the Woody Creek area has been identified as an appropriate receiving area for TDRs which are used to increase allowable house size. The amendment will elimi- nate one of the two previously approved single-family residences, reduce the extent of the infrastructure required to develop the property, and significantly enhance the property's wildlife and habitat values. It should also be noted that the proposed floor area of single-family residence on Amended Parcel 3 is less than the total floor area of the two previously approved residences on Parcels 2 and 3. Article V, paragraph 5, of the Development Agreement for the Craig Ranch Parcels requires the consent of five of the record owners of Parcels 2 through 8 to amend the development limitations incorporated therein. To comply with this requirement, consent to the proposed amendment has been obtained from the owners of Parcels Z, 3, 4, 5 and 6 (see Exhibit 7). Upon approval of the proposed amendment, the Applicants will record an amended plat of Parcels 2 and 3 depicting the reconfigured parcel and an amendment to the existing Agreement which memorializes any condi- tions of the amendment approval and which revises various provisions of the Agree- ment as may be required. ~U~U~~ Ms. Suzanne Wolff March I2, 2007 Page 4 Review Requirements Pursuant to Sections 2-20-150(c) and 2-20-150{e)(2)(b) of the Code, the Applicant's proposal constitutes a Major Amendment to a Development Permit which is subject to the review and approval of the Board of County Commissioners. While the proposed amendment is exempt from growth management subject to compliance with applicable regulatory requirement, special review and caretaker dwelling unit review are also required. The relevant review requirements are addressed below. A. GMQS Exemption for Additional Floor Area Using TDRs Pursuant to Section 6-30-50(b)(2)(b) of the Code, additional floor area on a lot or parcel within the Rural Area may be exempted from the growth management quota system ("GMQS") through the use of TDRs as provided for in Section 6-70-40(b) subject to the receipt of special review approval. A parcel's maximum allowable floor area is limited to that which is permitted in the underlying zone district. The proposed amendments compliance with the provisions of Section 6-70-40(b) and the applicable special review criteria, which are contained in Section 2-30-30(h)(2}, is summarized below. 1. Section 6-70-40(b). This section of the Code permits TDRs from any sending site in the County to be used on any receiving site in the County ex- cept as limited by Table 6-12. Table 6-12 expressly permits TDRs to be used to increase house size to the maximum permitted on properties located within the RS-20 zone district. As the maximum allowable floor area in the RS-20 zone district is 15,000 square feet and the Applicants propose to limit the floor area on Amended Parcel 3 to 10,750 square feet, the proposed amendment complies with the require- ments of Section 6-70-40(b). 2. Section 2-30-30(h)(2). The applicable special review criteria, and the proposed amendment's compliance therewith, are as follows. a) "The special review use shall be consistent with the applica- ble County Master Plan." To the best of the Applicants' knowledge, the proposed amendment is consistent with all applicable provisions of the Woady Creek Master Plan. 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 Chapter 1." ooooo (F Ms. Suzanne Wolff March 12, 2007 Page 5 The proposed amendment complies with the Counties land use policies and alI applicable provisions of the Code. c) "The proposed development must not materially endanger the public health, safety or welfare." The proposed amendment will have no material effect on the public health, safety or welfare. d) "The proposed development must not substantially injure the value of adjoining or abutting property." The proposed amendment will not substantially injure the value of any adjoining or abutting property. The existing building envelope on Parcel 3 is to be retained as previously approved. The elimination of the building envelope on Parcel 2 will significantly reduce the impact of development on neighboring properties. e) "The special review use shall be consistent with the intent of the zone district in which it is proposed to be located." The primary intent of the RS-20 zone district is to permit low density single-family residential development and customary accessory uses. The proposed amendment will result in one single-family residence and a caretaker unit on approxi- mately 300 acres. The proposed single-family residence's floor area is less than the maximum allowed and the residence's proposed building envelope has previously received 1041 hazard review approval. f) "The special review use shall be compatible with the charac- ter of the immediate vicinity of the parcel proposed for development and sur- rounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for deveIopment." The character of the immediate site area is rural in nature. Existing development consists primarily of scattered low density, single-family residences and agricultural land uses. The proposed amendment is consistent with the character of existing and land uses in the immediate site area. g) "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 delivery, air/wa- 00005 Ms. Suzanne Wolff March 12, 2007 Page 6 ter pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties." The single-family residence to be constructed on Amended Parcel 3 is compatible with neighboring development and the areas' roads and utilities are adequate to serve the residence. No adverse impacts on surrounding properties are anticipated. h) "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." The Woody Creek Road is adequate to serve the proposed single-family residence. Existing utilities are either adequate to serve the residence or may be easily upgraded as may be required. All costs associated with any required utility upgrades with be borne by the Amended Parcel 3 owner. No adverse impact on the public road system: the community's police, fire and emergency medical service: or school and hospital facilities is anticipated. i) "The proposed special review use must comply with any additional standards or requirements stated for such use in Section 4-30 and/or Section 2-40-20." The proposed amendment complies with the applicable requirements of Sections 4-30 and 2-40-20. B. GMQS Exemption for Caretaker Dwelling Unit Pursuant to Section 6-30-40(c) of the Code, one caretaker dwelling unit ("CDU ") may be exempted from growth management on any lot or parcel located in a zone district in which a CDU is a use allowed by special review. The CDU may be either attached to asingle-family dwelling unit or other use or may be detached therefrom if it complies with the requirements of Section 4-30-50(e). The applicable requirements, and the proposed CDU's compliance therewith, are summarized below. 1) "It is attached to asingle-family home (principal dwelling)." This requirement is inconsistent with the provisions of Section 6-30- 50(c) which permits either an attached or detached CDU. Should an attached unit be required, the amendment Agreement will memorialize this requirement. OOOOD6 Ms. Suzanne Wolff March 12, 2007 Page 7 2) "The lot or parcel on which it is Iocated conforms to the minimum lot area requirements for each dwelling in the zone district in which the caretaker dwelling unit is located." Amended Parcel 3 will contain in excess of 300 acres which significant- ly exceeds the minimum lot area dwelling unit requirement of the RS-20 zone district. 3) "The caretaker dwelling unit shall not exceed one thousand (1,000) net livable square feet on lots or parcels that are thirty thousand (30,000) square feet or greater in iot area, and seven hundred (700) net livable square feet on lots or parcels that are less than thirty thousand (30,000) square feet in lot area." The amended Agreement will limit the size of the proposed CDU to 1,000 square feet of livable area. 4) "The floor area of the caretaker unit shall be included in the total allowed floor area for the lot or parcel of land." The amended Agreement will require the inclusion of the CDU's floor area in the reconfigured parcel's 10,750 square foot floor area limitation. 5) "One (1) off-street parking space shall be provided for each caretaker dwelling unit." This requirement will be memorialized in the amended Agreement. 6) "The applicant shall by deed restriction or other permanent commitment running with the land, guarantee that the caretaker unit: 1) shall not be required to be rented; 2) shall not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; 3) shall be limited to occupancy by (i) not more than two (2) adults, and related children, who qualify as (and have been found by the Housing Authority to be) employees of the community under such guidelines as may be from time to time established, or (ii) members of the owner's immediate family, even though they may not qualify as employees of the community." This requirement will be memorialized in the amended Agreement and incorporated in the CDU's deed restriction which will be recorded prior to issuance of a Certificate of Occupancy. ~~~~o~ Ms. Suzanne Wolff March 12, 2007 Page 8 'n "The Caretaker Dwelling Unit restriction may be removed by the property owner upon the approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a Dwelling Unit and must meet otherwise applicable Code requirements." This provision Will be incorporated in both the amended Agreement and the CDU's deed restriction. 8) "The provisions of this regulation are for the purpose of providing a voluntary Caretaker Dwelling Unit on a legally created lot or parcel in the County. Any unit approved under this provision of the Land Use Code shall not be used for mitigation of employee housing requirements as established elsewhere in this Land Use Code." The proposed CDU will not used for employee housing mitigation purposes. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, vAlvly .TES, LLC cc: Michael Craig Elizabeth Tasker c:loldclbuslcounty.app\app50706. swl 000008 J V :CWV Attachments EXHIBIT PITKIN COUNTY PRE-APPLICATION. CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: 2/27/07 PHONE: (970) 920-5093 E-MAIL: suzannew(a~co.oitkin.co.us LOCATION: North side of Woody Creek Road PARCEL ID #: 264314100002/003 ZONE: RS-20 ACRES: approx 300 OWNER/APPLICANT: Michael Craig and Elizabeth Tasker EMAIL: michaelcraig226@comcast.net Type of Application: Amendment to Development Permit, Special Review and GMQS Exemption for TDR Receiver Site and Caretaker Dwelling Unit Description of Project/Development: Applicant proposes to eliminate the approved building site on Parcel 2 of the Craig Ranch and to combine Parcels 2 and 3. Applicant is requesting approval to utilize TDRs on Parcel 3 for additional floor area up to 10,750 square feet and to construct a caretaker dwelling unit on Parcel 3. The previously approved building envelope on Parcel 3 would remain the same. BOCC granted approval pursuant to Resolution No. 144-2004; vested rights expire 10/13/2019. Pitkin County Land Use Code Sections: - 2-20-150(c & e), Major Amendment to Development Permit -After Issuance of Development Permit - 2-30-30(h): Special Review Criteria for TDR Receiver Site; - 2-30-30(h)(2), Special Review for CDU - 4-30-50(e), Caretaker Dwelling Unit - 6-30-40(c), GMQS Exemption for CDU - 6-30-50(b): GMQS Exemption for Development Using TDRs for Additional Floor Area - 6-70-40(b)(1): Criteria for Receiving Sites Review By: One-Step Review by BOCC. Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. Staff Will Refer Application To: CO Division of Wildlife, Housing, Open Space and Trails, Woody Creek Caucus FEE: 2 836 (make check payable to "Pitkin County Treasurer"). The Fee includes a $2,310 Planning Flat Fee (which is non-refundable and based on 10 hours of staff time; if staff review time exceeds 12 hours, the applicant will be charged for time in excess of 10 hours at a rate of $231 per hour), a $166 Housing referral fee, a $310 Clerk fee and a $50 publication fee. oaooag To apply, submit the Fee specified above and 12 conies of each of the following documents (unless otherwise specified): 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. Previous Land Use Approvals; 3. Street address and parcel description, including legal description, and 8-1/2"x 11"vicinity map locating the subject property within Pitkin County; 4. If Applicant is not owner, consent from the owner of the property for Applicant to process the application and represent the owner, if applicable (1 copy}; 5. Disclosure and proof of ownership of the property complying with Subsec. 5-70-020(D) (1 copy); 6. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (1 copy -form attached); 7. List of adjacent property owners and mineral estate owners (1 copy); and 8. This Pre-Application Conference Summary Sheet. NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (tF POSSIBLE). ALL SITE PLANS MUST BE FOLDED. THE PARCEL ID SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED )N YOUR APPLICATION. - The Pitkin County Land Use Code is available on-line at www.aspenoitkin.com. This Pre-Application Conference Summary Sheet is advisory in nature and not binding on the County. The information provided in this Summary Sheet is based on current zoning standards and the staff's interpretations based upon representations of the applicant's representative. Additional information may be required upon a complete review of the application and site visit(s). 00001.0 EXHIBIT CERTiFlCATE OF 01NNERSHiP Pitkin County Title. Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that MICHAEL B. CRAIG AND ELIZABETH B. TASKER are the owner's in fee simple of the following described property: PARCELS 2 AND 3, CRAIG RANCH PARCELS, according to the First Amended Plat thereof retarded June 20, 2006 as Reception No. 525477 in the Office of the Clerk and Retarder of Pitkin County, Colorado. ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: WOODY CREEK ROAD, WOODY CREEK, CO. 81656 ENCUMBRANCES: NONE This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE, INC. BY: authorized signature CERTIFIED TO: March 1; 2007 @ 8:00 A.M. at 8:00 A.M. oooo~i Ii 529285 ll)I f I Fags: ! of 2 ~N II f I~ ~~ ~~t ®/0 2 JRNIC£ K Vo6 CiaWILL PFTKIN COUN77 Co ~ 11 . ~ D ~ ~ 2.12f BARGAIN AND SALE DEED MICHAEL B. CRAIG ("Grarltor'~, whose address is P.p. Bax 483, Basalt, CO SI621, of the County of Eagle and the State of Colorado, far the consideration of TEN DO consideration, the receipt and sufficiency of which are hereby ~~ yS~,1~~i0'00} and otf~er good and valuable :MICHAEL B. CRAIG, whose address is P.O_ Box 483, Basalt, Cp 81621, of~tlte Ca'unty of Eagle and the State of Colorado, and ELIZABETH B. TASI{ER, whose street address is 411 Fox Run Drive, Carbondale, CO 81.623, of the County of Eagle and the State of Colorado (hereinafter, collective) survivorship and not as tenants in common, all right, title, interest, claim any d dernand ~p~ G~tor hasten aged to real P~Pen3S together with improvements, if any, situated in the County of Pitkin, State of Colorado, described as: See Exhibit A: Bargain and Sale Deed From Michael B. Craig ("Grantor") to ]Michael B. Craig and Elizabeth B. Tasker ("Grantee's attached hereto and made part hereof by the reference; TOGETHER with all its appurtenances; 1N V+~ITNESS WHEREOF, the Grantor has executed this deed on the ~ day. of ~~~' , 200b. STATE OP COLORADO } COUNTY OF } ss. G MICHAEL B. CRAG ~~ U The foregoing instrument was acknowledged before me this a ~ ~ ~ Michael Craig. day of (~(~p ~-', 2p06, by WITNESS my hand and official seal. My commission expires: (`)~-J ~ 7 / C7 i~ ,~; ~,. Notary Public \`'` ~..: - r'%~ ~ 'fi't ~J ~ fp' _; OOOOi~ Exhibit A: Bargain and Sale Deed From Michael B. Craig {"Grantor") to Michael B, Craig aad ~~ t Elizabeth B. Tasker ("Grantee") F ! 529285 OS ~ ~r+f1-f! q JgNICK K ~ + Ph V ~ • . CgUD f ~~ 2 of ILL ~ 2 PI77CIN ~` C 1 I OUNTY CO R 11.00 0~02D02:121 i 1. Parcels 2 and 3, Crai recorded June 20,.2046 as R b Ranch Parcels, accardirrg to the First Pittcin Coup ~ptzon No. 52577 in the Office of the Clerk and Recorder o ereof ty, Colora.da, together with the benefits of cements, rights-of--way and other matters set forth on sat First t to the burdens of {i) all Jiazard Review Site Plans far Parcels 2 and 3 recorded Tune z0 Amended PIat; (ii) the I041 and 525479, respectively, and {~} aII matters set forth in the Dev 006 ~ .Rec Ranch Parcels recorded June 20, 20(}5 as Reception ~'p. $2$493. epiion I~Tos. 525478 ailment Agreement for Craig 2• All water and water rights, whether whether adjudicated or Ztnadjudicated, absolute or Welt om~7 oand'butar water wells and well ri ~ Y> or not nontributary, ~ > State Engineer film ~ all ditches and ditch rights, water taps, reservoirs and ~~ well xegistration Stafetnelzts and well permits, f Mater corn reservoir rights, aIi decrees Pant and mutual ditch or reservoir com and P~dtng water court applications, ail used on or Ill co~ectian pvi Fany stock, which are, have been, ar may be associai,ed wi ~ ar axe app~ten~ to, or located on or unrlerl n or in a>z w th, the teat property described above specificail ~ g> Y ay following water and ditch rights, to wit. Y including without limitation the {a) Cerise flitch: O.SSS cfs ~SO~a} in Priority ~l'o. 24l ; . 0.92 e£s (,SQ%,) is Priority No_ 242; 2.9$ c.~ {100°/a) in Priority No. ~03G {6) Hamilton Ditch: 5.0 cfs {I00°la) in Paiori ty No_ 6I9 ~ . All situate in the County ofPitlcin, State ofColorada arty equtpmex?t or otherpersonalty 4r fixtures used for the sur~tk all appurtezlances, incl~~ding or distrib~rtioxl of water on or in conxzection with the above-dpP1Y> diversion, siora. e eQtupmsnt and fixtures escn~bed water ri g ' h'eahnerzt, > and such easements, rights-of-way, w ~~ and all re]ated and ~nsmission facilities, and all other ~provernents or a ~~ diversion ~ c related to PPm`t'erlances o ~ ~~e' storage, associated with, or historically used on or ixa co "Woad by Grantor and water rights, or which may be n~sary for the development, ~ ~a~ ~ the above-described above-describ eel water nights. P on, or maintenance of tIze 3• Irrevocable Certificate of Transferable Dever issued by the Fitton CornmunityDevelapment D opment Right No. JR-Ig.-(~_~CW Per Article II I epartment on rune z5, 2U06. ' ~ ~b}(i) of the above-referenced Developmaz~t A wilt allow the construction ofup to 5,730 square feel of~locfi ~ mo`t' this'Tl'3R Certificate e!~empt development right w,Wich will allow the co on Parcel 2_ Farce] 3 enjoys an az'~ on Parcel 3, as set forth in Article II 1 nsttiuction ofup to $,750 square feet offloor C }(b)(it) of fhe Developmen# Agreelneltt, 357069 2-r)oC oooo~~ EXHIBIT 9 March 7, 2007 HAND DELIVERED Ms. Suzanne Wolff, Senior Planner Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Wolff: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for an amendment to a previously approved development permit. Mr. Vann is hereby autho- rized to act on our behalf with respect to all matters reasonably pertaining to the afore- mentioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, ~ ~~ ~ Michael Craig r~ r Eliz th Tasker c:\oldclbuslcounty.LtrUtr50706. Sw 1 ODOU14 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and !''/!~/!`~c~ G"/`~%~/C-7 (hereinafter APPLICANT) AGREE AS FOLLOWS: ,~. 7 • APPLICANT has ubmitted to COUN3'Y a application for ~~~,1..~~G,/~"J/•~~L/J'" /a ~ ~~~~~~G-y°~-~~'''~~~ ~l'~~ ~ ,(hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 022-2006 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County'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 staff to 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 determination of application completeness, APPLICANT shall pay a base fee in the amount of ~Gwhich is based ory/~ours of staff time, and if actual times ent b staff to 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 Effective 7/26/06 G:countyladminlformslagreement to pay ooooi5 APPLICANT Prin e c ignature Date: Mailing Address: ~'p.13e,~C Z~S 1r/~•~ - G° ol45G ., _~ CRAIG CAROL 707 N THIRD ST ASPEN, CO 81611 GSS PROPERTIES LLC C/O TRUSTUS !NC 132 W SECOND ST STE A PERRYSBURG, OH 43551 OOOQ16 CRAIG CAROL GALLUN PO BOX 18 WOODY CREEK, CO 81656 QUESTROM ALLEN 1 & CAROL L KELLI 16 A TURTLE CREEK BEND DALLAS, TX 75204 EXHIBIT CRAIG JENNIFER PO BOX 46 WOODY CREEK, CO 81656 STRANAHAN GEORGE C/O THRESHOLD GROUP PO BOX 2358 GIG HARBOR, WA 98335 EXHIBIT ~ ~ DEVELOPMENT AGREEMENT FOR CRAIG RANCH PARCELS. THIS DEVELOPMENT AGREEMENT is made and entered into as of the ~~~^~' day of June, 2006, by and between UTE CITY LIMITED, a Colorado limited . partnership, CAROL GALLUN CRAIG FAMILY TRUST DATED NOVEMBER 26, 1965, and CAROL CRAIG (hereinafter collectively referred to as "Craig"}, and THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, as the governing body of Pitkin County, Colorado {hereinafter referred to as "County"). WITNESSETH: WHEREAS, Craig is the record owner of Parcels 1, 2, 3, 4, 5, 6, 7 and 8 First Amended Plat of Craig ~anch.ParceIs recorded June?-d , 2006 in Plat Book ~ at Page ,~ as Reception No. S ~ S ~/ 7 ~ in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "Plat"). The Parcels were created pursuant to Section 30-28- 101(10){b) of the Colorado Revised Statutes, which is the State's 35-acre subdivision exemption provision; and WHEREAS, Parcel 1 has been rezoned to RR, RurallRemote by BOCC Ordinance No. 044-2004 recorded December 2, 2004 as Reception No. 504704. Contemporaneously with the recording of this Development Agreement, Craig has deed restricted Parcel 1 against further developm_en# by that certain Deed Restriction recorded June ~, 2006 as Reception No.1 2.i "Y9b ,and in consideration thereof the County has severed eight (8} Transferable Development Rights ("TDR's") from Parcel 1 and has issued to Craig eight {8) Irrevocable Certificates of Transferable Development Rights evidencing and representing said TDR's for use on Craig Ranch Parcels 2, 4, 5, 6, 7 and 8 or elsewhere in Pitkin County in accordance with the provisions of this Development Agreement; and WHEREAS, contemporaneously with the recording of this Development Agreement, separate 1041 Hazard Review Site Plans have been recorded on each of ~- Parcels 2, 3, 4, 5, b, 7 and 8 a~Reception Nos ;S 2 S ~7.~' , ~ zi y 7~ , ..~ZS~/~v , respectively {the "1041 Site Plans"); and WHEREAS, Parcels 2, 3, 4, 5, 6, land 8 have been approved for development by BOCC Resolution No. 144-2004 recorded December 2, 2004 as Reception No. 504705, and Craig and County intend by this Development Agreement to memorialize the conditions of that approval. NOW, THEREFORE, far and in consideration of the mutual covenants and agreements herein contained, the approvals set forth in said BOCC Resolution No. I44- 1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III II s; 0~~8 03:16 IIIIIIIIIIIII JC~JICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 ~ 0.00 oaoo~7 2004, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Article I Regulatory Approvals 1. BOCC Ordinance No. 044-2004, recorded December 2, 2004 as Reception No. 504704, rezoned Parcel 1 to RR, Rural/Remote. 2. BOCC Resolution No. 144-2004, recorded December 2, 2004 as Reception No. 504705, granted {a) 1041 Hazard Review Approval for the establishment of building envelopes on Parcels 2 through 8; {b) a GMQS Exemption for the replacement of one existing single-family dwelling unit on Parcel 5; {c) a GMQS Exemption and Special Review Approval to designate Parcels 2, 6 and 8 as TDR Receiver Sites for initial development rights and Parcels 4 through 8 as TDR Receiver Sites for additional floor area; and (d} a GMQS Exemption and Special Review Approval for the construction of a Caretaker Dwelling Unit on each of Parcels 5 through 8. 3. The Craig Ranch Parcels are subject to all of the conditions and restrictions set forth in BOCC Resolution No. 144-2004. There are no conditions and restrictions in BOCC Ordinance No. 044-2004. In the event of conflicts between BOCC Resolution No. 144-2004 and this Development Agreement, the terms and provisions of this Development Agreement shall govern and control. Article II Development and Use Rectuirements and Restrictions Development Limitations on Certain Parcels. (a) Parcel 1 has been deed restricted against further development, as the term "Development" is defined in the County Land Use Code on the date thereof, by Deed Restriction recorded June 7.f/ , 2006 as Reception No. .5 ~--~Y~}6' {b} On each of Parcels 2 and 3, development is limited to one single- family residence and such accessory structures and uses as may be permitted from time to time in the RS-20 zone district or any successor thereto. Caretaker Dwelling Units are prohibited on Parcels 2 and 3. Up to 5,750 square feet of floor area may be constructed on each of Parcels 2 and 3, inclusive of the single- family residence and all accessory structures including agricultural buildings. {i) One original TDR Certificate must be submitted with the building permit application for asingle-family residence on Parcel 2, which TDR Certificate will allow the construction of up to 5,750 square i~i~ii~dq~m~~nru~nudii ~~093:;,. oooo~g feet of floor area on Parcel 2. A copy of the deed conveying the TDR Certificate to the Parcel 2 owner must accompany the building permit application. {ii) The single-family residence on Parcel 3 is to be developed with an exempt development right which is associated with the original portion of the Craig Ranch located northeast of the Woody Creek Road and known as the "East Mesa Parcel". This exempt development right derives from County ownership of the Woody Creek Road, which. has resulted in a subdivision of the Craig Ranch by the road, and allows the construction of up to 5,754 square feet of floor area on Parcel 3. {c} On Parcel 4, development is limited to one single-family residence {the existing historic ranch house), one Caretaker DweIIing Unit (the existing CDU approved by BOCC Resolution No. 97-I24 and previously deed restricted by Occupancy Deed Restriction and Agreement for a Caretaker Dwelling Unit recorded July 21, 1998 as Reception No. 419653}, and such other accessary structures and uses as may be permitted from time to time in the RS-20 zone district or any successor thereto. Up to 7,500 square feet of floor area maybe constructed on Parcel 4, inclusive of the existing single-family residence, the existing caretaker dwelling unit, and all accessory structures except agricultural buildings. Agricultural buildings are exempt from the 7,500 square foot floor area limitation but are subject to any floor area Limitations that are or maybe imposed by the County from time to time in the RS-20 zone district or any successor thereto governing agricultural buildings. {i) The existing single-family residence on Parcel 4 may be expanded exempt from growth management up to a maximum of 5,750 square feet of floor area inclusive of the existing caretaker dwelling unit and any accessory structures which do not meet the definition of agricultural buildings. (ii) One original TDR Certificate must be submitted with any building permit application to expand the allowable floor area on Parcel 4 from 5,750 square feet up to a maximum of 7,500 square feet. A copy of the deed conveying the TDR Certificate to the Parcel 4 owner must accompany the building permit application. 000019 (d) On each of Parcels S, 6, 7 anal 8, development is limited to one single-family residence and such accessory structures and uses as may be permitted from time to time in the RS-20 zone district or any successor thereto. A caretaker dwelling unit is permitted on each of these Parcels, at the discretion of the respective Parcel owner. Up to 7,500 square feet of floor area may be constructed on each of these Parcels, inclusive of the single-family residence, the caretaker dwelling unit if constructed, and all accessory structures except agricultural buildings. Agricultural buildings are exempt from the 7,500 square 525493 ~~ Page: 3 of 19 l 6 { 0 !2 20 0/ 0 0 6 3.26 JRNICE K VOS CAI~ILL PITKIN COUNTY CO R 0.00 D 0.00 foot floor area limitation but are subject to any floor area limitations that are or maybe imposed by the County from time to time in the RS-20 zone district or any successor thereto governing agricultural buildings. {i) The development right for the single-family residence on Parcel 5 is to be derived from the demolition and replacement of the existing single-family dwelling unit located thereon. (ii} An exempt development right also exists for Parcel 7, which derives from the pre-1978 parcel from which Parcel 7 was created. (iii) The single-family residences on Parcels 5 and 7, respectively, are exempt from growth management up to a maximum of 5,750 square feet of floor area for each Parcel. One original TDR Certificate must be submitted with the building permit application for the single-family residence on each of Parcels 5 and 7 to increase the exempt floor area on such Parcels from 5,750 square feet up to a maximum of 7,500 square feet on each Parcel. A copy of the deed conveying the TDR Certificate to the Parcel owner must accompany the building permit application. (iv} One or two original TDR Certificates must be submitted with the building permit application for the single-family residence on each of Parcels 6 and 8 to allow up to 5,750 square feet of floor area ar up to 7,500 square feet of floor area on each Parcel. The first TDR Certificate allows the Parcel owner up to 5,750 square feet of floor area on the Parcel, and the second TDR Certificate allows the Parcel owner to increase the exempt floor area from 5,750 square feet up to a maximum of 7,500 square feet on the Parcel. A copy of the deed conveying the TDR Certificate to the Parcel owner must accompany the building permit application. (e) Notwithstanding the above requirements for the provision of one original TDR Certificate on each of Pazcels 4, 5, 6, 7 and 8 to increase each Parcel's floor area from 5,750 square feet of floor area to up to 7,500 square feet of floor area, the County hereby authorizes and approves the division of the 10,000 square feet of floor area attributable to four TDR's (4 x 2,500 = 10,000} among the five Parcels to increase the allowable exempt floor area on each of the five Parcels to up to 7,500 square feet. In other words, these five Parcels may share the 10,000 square feet of floor area attributable to four TDR's, instead of requiring that an entire TDR be used up for each Parcel. Procedurally, when a TDR Certificate is submitted to the County to increase the allowable exempt floor area on the first of such five Parcels to up to 7,500 square feet, only that portion of the 2,500 square feet attributable to such TDR~Certificate actually included in the building permit application will be deemed retired, and the remainder of the 2,50(} square feet will be carried forward on the books of the i~~~~~wnm~~uu ~zsva,v,. 000'20 County to be used for subsequent applications for increased exempt floor area (up to 7,500 square feet) by other Parcel owners. The same procedure will apply for each subsequent applieativn, and the accumulated floor area credit will continue to be carried forward on the books of the County until all five Parcels have been built out to the maximum 7,500 square feet of exempt floor area per Parcel, assuming that ever occurs. This shared use of TDR's derived from Parcel 1 can only be used on Parcels 4, 5, 6, 7 and 8 of the Craig Ranch Parcels. (f) in summary, three of the TDR's derived from Parcel 1 will be used to obtain the initial exempt development rights (up to 5,750 square feet of floor area) on each of Parcels 2, 6 and 8, four of the TDR's derived from Parcel 1 may be used to obtain an additional 1,750 square feet of exempt floor area on each of Parcels 4, 5, 6, 7 and 8. Of the eight TDR's derived from Parcel 1, one will remain, which can be sold by Craig on the open market. This. remaining TDR will be subject to the TDR regulations in effect at the time it is surrendered, unless the receiver site has a vested approval in place which recites the value of the TDR to be used thereon, in which case the. remaining TDR shall be subject to that receiver site approval. {g} AlI floor areas on the Craig Ranch Parcels are to be calculated based on the County's regulations in effect at the time of each building permit application. (h} No development, including grading, excavation, fill placement, landscaping, vegetation removal or disturbance, septic systems and wells, shall occur outside of the approved Building Envelopes depicted on the 1041 Site Plans for each Parcel, except customary agricultural activities, and further except the following: (i} Improvement and maintenance of existing ranch roads, Common Access Driveways, and Individual Driveways to Building Envelopes; (ii) Improvement and maintenance of access easement established in Easement Agreement recorded March 9, 2004 as Reception No. 495282; (iii) Underground utilities, and irrigation systems and facilities. Underground utilities shall be located within the platted access driveways and the individual driveways unless otherwise approved by the Community Development Department; (iv) Fencing that complies with the County's fencing regulations; {v} Landscaping consistent with a landscape plan approved by the Community Development Department; ~j 525493 [~ I ~ ~~ Iu Page: 5 of 29 'I ~ f11 I y } 6 i 4 ~ 0 20/ / 2006 03.2 6 1RNFCE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.0@ 00002 {vi) Wells if approved by the Community Development Department and the Environmental Health Department; (vii} Individual Sewage Disposal Systems ("ISDS"} if approved by the Community Development Department. (viii) Existing agricultural and gardening activities and buildings on Parcel 4. (i) A Parcel owner shall have the right to revise the approved Building Envelope on the owner's Parcel, provided that all required Pitkin County approvals are first obtained. No consent shall be required from other Parcel owners. (j) The existing apartment on Parcel 4 has been altered so that it no longer meets the County definition of a "dwelling unit". Prior to recordation of the 1041 Site Plans and this Development Agreement, the County has inspected Parcel 4 to determine compliance with this condition. (k) No Parcel in the Craig Ranch Parcels can be further subdivided (including condominiumization} without the prior written consent and approval of Pitkin County and of the then owners of record of all of the other Craig Ranch Parcels. Lot line adjustments shall be permitted, subject to receipt of all required Pitkin County approvals. Na consent shall be required from other Parcel owners for a lot line adjustment. 2. Caretaker Dwellin~,Units. (a) As indicated above, Parcel 4 contains an existing caretaker dwelling unit approved by BOCC Resolution No. 97-124, which was deed restricted by Occupancy Deed Restriction and Agreement for a Caretaker Dwelling Unit recorded 3uly 21, 1998 as Reception No. 419653. (b) Caretaker dwelling units are also permitted on each of Parcels 5, 6, 7 and 8, at the discretion of the respective Parcel owner, subject to the following conditions: (i) Each CDU shall be limited to 1,000 net livable square feet. The kitchen shall contain a minimum of atwo-burner stove with oven, a standard sink, and at Least a 6 cubic foot refrigerator plus freezer. A minimum of one off-street parking space shall be provided for the CDU_ (ii) Prior to the issuance of a building permit for the CDU, the Parcel owner shall execute and the Housing Office shall record a CDU 525493 ~~~ ~~~~ ~~~~ 066/2 0 /2006 03 :16 ~~`` ~~~~ 1 ~`` 44 ~~ 1111 ~~1 `` ~~~~~ i~t ~I~1 ~~ JANICE K VOS CAUDILL PITKIN COUNYY CO R 0.00 D 0.00 000022. deed restriction. Actual floor plans of the CDU shall be submitted to the Housing Office with the deed restriction. (iii) Prior to the issuance of a Certificate of Occupancy for the CDU, the Housing Office may inspect the unit. (iv) The floor area of the CDU shall count towards the total allowable floor area on the Parcel. 3. Affordable Housin:= Miti ag tion. The owners of Parcels 6 and 8, respectively, shall provide affordable housing mitigation for any residence on Parcel 6 or Parcel 8 which exceeds 5,750 square feet of floor area. The mitigation shall be in the form of a cash-in-lieu payment calculated based on {a) the Aspen/Pitkin County Housing Authority ("APCHA") guidelines in effect at the time of building. permit application, or (b) any other County regulatory requirements that may hereafter be adopted which supersede the APCHA guidelines. 4. Common Access Drivewavs/Individual Drivewavs. (a) A perpetual, non-exclusive private access driveway and utility easement 30 feet in width has been dedicated on the Plat, from the Woody Creek Road across Parcel 3 to the point of intersection with the northerly boundary of Parcel 2, for purposes of access to Parcels 2 and 3 and for underground utility lines (hereinafter "Common Driveway East"). The initial improvements to Common Driveway East shall be made either collectively by the owners of Parcels 2 and 3, and the costs shared equally by such owners, or if one owner wishes to proceed with the improvements and the other owner does not, then the owner desiring to proceed shall have the right to make the improvements and to pay for the same, and to hill the other owner for half of the cost thereof as set forth below. In either case, all such initial driveway improvements shall be made in a good and workmanlike manner and in compliance with applicable laws, regulations and codes, and the improvements must be made in accordance with plans and specifications prepared by a registered Colorado engineer. Either Parcel owner shall have the right to perform (or to have a third party perform) such maintenance, repair, snowplowing and further improvements with respect to Common Driveway East as maybe reasonably required by the circumstances from time to time, and to pay for the same, and to bill the other owner for half of the cost thereof. Any such bill not paid within 30 days of mailing of the bill shall bear interest at 18 percent per annum from date of mailing until paid in full, and the billing owner shall be entitled to an award of its reasonable attorneys' fees and costs if it files a civil action to collect the delinquent amount and prevails therein. Here again, all access driveway repairs and improvements. shall be made in a goad and workmanlike manner and in compliance with applicable laws, regulations and codes, and any additional 52493 ~~ Page: 7 of 19 `~" 06/20/2006 03:16 144 ~~ 1 414 . 11411 11 14 44 4 4411 41 1114 144 JRNICE K VOS CRUOILL PITKIN COUNTY CO R 0.00 Q 0.00 oooaz3 improvements shall be made in accordance with plans and specifications prepared by a registered Colorado engineer. (b) The 1041 Site Plans for Parcels 2 and 3, respectively, depict the approved alignments of the individual driveways that will serve the building envelopes on those Parcels (hereinafter the "Individual Driveways"). Each such Individual Driveway commences at a point of intersection with Common Driveway East, and then continues to the building envelope of the Parcel. The construction, maintenance, repair and snowplowing of each such Individual Driveway shall be the sole responsibility of the owner of the Parcel containing that Individual Driveway. {c) The Individual Driveway within Parcel 2 also serves as the access driveway to neighboring Parcel 1, which has been deed restricted against further development, and as the access driveway to the Cerise and Hamilton irrigation ditches and headgates. At the present time it is not contemplated that the portion of this access driveway that lies easterly of the Parcel 2 Individual Driveway will be further improved. If a Parcel owner wishes to make improvements to such remaining portion of the access driveway, that owner will bear the cost of the improvements and no other Parcel owner will be required to contribute thereto. {d) By Easement Agreement recorded March 9, 2004 as Reception No. 495282, a perpetual, non-exclusive access driveway easement and right-of--way 30 feet in width was established over a neighboring property for the use and benefit of Parcels 4, 7 and 8. The improvement, maintenance, repair and snowplowing of the access driveway within that easement shall be the joint and equal responsibility of the owners from time to time of said Parcels 4, 7 and 8. Any such owner shall have the right to perform (or to have a third party perform) such improvements, maintenance, repair and snowplowing with respect to that access driveway as may be reasonably required by the circumstances from time to time, and to pay for the same, and to bill each of the other Parcel owners for one-third of the cost thereof. Any such bill not paid within 30 days of mailing of the bill shall bear interest at 18 percent per annum from date of mailing until paid in full, and the billing owner shall be entitled to an award of its reasonable attorneys' fees and costs if it files a civil action to collect the delinquent amount and prevails therein. (e) A perpetual, non-exclusive private access driveway and utility easement 30 feet in width has been dedicated on the Piat, commencing at the southerly point of terminus of the access driveway easement established by the Easement Agreement referred to in subparagraph (d) above, and then continuing across Parcels 4, 5 and 7 to the point of intersection with the easterly boundary of Parcel 8, for purposes of access to Parcels 4, 7 and 8 and for underground utilities (hereinafter "Common Driveway West"}. No improvements to Common Driveway West are contemplated at this time. However, any one or more of such Parcel owners shall have the right tv perform {or to have a third party perform} I ~~~~i~ ~~1~~ ~~I~~1 f~~~ I~~~I ~~~~~~t ~~~~1 ~~~ I~~~~ ~~f ~~~ 62 g49 6 93:1fi JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.90 000024 such improvements, maintenance, repair and snowplowing with respect to Common Driveway West as maybe reasonably required by the circumstances from time to time, and to pay for the same, and to bill the other Parcel owners served thereby in accordance with the following cost allocations: (i} From the commencement of the access driveway referred to in (d} above, to the Individual Driveway to the main residence on Parcel 4, all three {3) Parcel owners shall share equally in such costs; (ii) from that point to the Individual Driveway on Parcel 7, Parcels 7 and 8 shall share such costs equally; and (iii) from that point onward to Parcel 8, the Parcel 8 owner shall be solely responsible for such costs. Any bill for costs, calculated in accordance with the foregoing allocations, that is not paid by a Parcel owner within 30 days of mailing of the bill shall bear interest at 18 percent per annum from date of mailing until paid in full, and the billing owner shall be entitled to an award of its reasonable attorneys' fees and costs if it files a civil action to collect the delinquent amount and prevails therein. All access driveway repairs and improvements shall be made in a good and workmanlike manner and in compliance with applicable laws, regulations and codes, and improvements shall be made in accordance with plans and specifications prepared by a registered Colorado engineer. (f) The 1041 Site Plans for Parcels 5, 6, 7 and 8, respectively, depict the approximate alignments of the Individual Driveways that will serve the building envelopes an those Parcels. The parties acknowledge that such alignments are illustrative only, and that the final alignments will be determined in connection with the design of the residences on the respective Parcels and the issuance of the required driveway permits. The construction, maintenance, repair and snowplowing of the Individual Driveways on Parcels 4, 5, 5, 7 and 8 shall be the sole responsibility of the owner of the Parcel containing the Individual Driveway. (g) Access driveway permits must be obtained from the County Engineer and approved by the Aspen Fire Maxshal prior to commencement of any improvements that may be necessary or desirable to Common Driveway East, Common Driveway West, the access driveway established by the Easement Agreement referred to in subparagraph (d) above, ar the Individual Driveways. In the case of Individual Driveways and necessary improvements to common access driveways, said access permits must be obtained prior to the issuance of a building permit for the Parcel on which the Parcel owner proposes to build. The Parcel owner desiring to make the improvements shall also submit a County Right-af--Way Permit for any improvements to the intersections of the access driveways within the Woody Creek Road right-of--way. Improvements to Common Driveway East and the Individual Driveways within Parcels 2 and 3 may occur on slopes in excess of 30% as necessary to comply with the County's standards for width and grade. {h} In the event there is ever recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado an instrument of any kind which grants or ~~~~~~ ~~~~~ ~~~~~~ ~~t~ 1~~~~ l~~~~I~ ~~~~~ ~~~ ~~~~~ t~l~ 1~~~ g 9 0~~ 6 03 :16 JgNiCE K VOS CgUDiLL PITKIN C9UNTY CO R 0.00 Q 0.00 000025 otherwise establishes a right of vehicular access over and across any part of White Star Ranches Subdivision for the use and benefit of Craig Ranch Parcels 7 and 8 and/or the owners thereof, then upon such recording (i) the 30-foot wide private access driveway easement dedicated on the Plat across Parcels 4, 5 and 7 for the use and benefit of Parcels 7 and 8, and (ii} any historic access routes or rights-of--way that may exist across Parcels 4, 5 and 7 for the use and benefit of Parcels 7 and 8, shall be deemed automatically and forever terminated, vacated and of no further force or effect whatsoever, and Parcels 7 and 8 and the owners thereof shall thereafter have no easement or right-of--way whatsoever upon or across Parcels 4, 5 and 7 or any part thereof for purposes of surface access and travel to and from Parcels 7 and 8 or any part thereof. Also upon such recording, Parcels 7 and 8 shall have no further cost sharing obligations with respect to the access driveway over neighboring property under the provisions of Article II 4{d} above and no further cost sharing obligations with respect to Common Driveway West under the provisions of Article II 4(e} above. 5. Woody Creek Road. On the Plat,. aright-of--way for the Woody Creek Road as it traverses the Craig Ranch Parcels has been dedicated to the County for the use and benefit of the general public. The right-of--way is generally 60 feet in width, as shown on the Plat. By deed recorded contemporaneously therewith as Reception No. Z.~~y ~- , fee ownership of said right-of--way has. been conveyed to the County. 6. Utilities. (a} Potable water for the new residences to be constructed on Parcels 2, 3 and b, respectively, will be provided by new exempt wells to be drilled on each Parcel by the owner of the Parcel. It shall be the responsibility of the individual Parcel owner to obtain a well permit for such well, in the event required. Potable water for the existing residence and caretaker unit on Parcel 4 and for the new residences to be constructed on Parcels 5, 7 and 8, respectively, will be grovided by existing permitted wells located on those Parcels. Given the Location of some of these wells, replacement wells may be drilled by the respective Parcel owners and the old wells capped in the event required. All new wells must be located within the building envelopes depicted on the 1041 Site Plans, or in such other location as maybe approved by the Community Development Department and the Environmental Health Department. If applicable, Craig hereby expressly waives the requirement contained in C.R.S. Section 37-90-137(2) that wells within the Craig Ranch Parcels be located at least six hundred (b00} feet from existing wells. (b) The existing residence and caretaker unit on Parcel 4 are served by existing septic and Leach field systems. New septic and leach field systems will be constructed on Parcels 2, 3, 5, 6, 1 and 8, respectively, at the expense of the owner of each Parcel. If required, a Parcel owner will obtain an ISDS permit from the Environmental Health Department, and before applying for same the owner shall provide documentation to the Environmental Health Department of OUOtJ2~ adequate quality and quantity of water on the owner's Parcel. The ISDS systems must be designed by a registered professional engineer, must comply with the setback requirements from surface and groundwater sources, and must be located within the building envelopes depicted on the 1041 Site Plans or in such other locations as maybe approved by the Community Development Department and the Environmental Health Department. If appropriate to the time of year, the engineer shall perform percolation tests during high runoff in the area of the proposed leach field to confirm the height of the water table. (c} Electrical and telephane service to the respective Parcel building envelopes shall be the responsibility of the individual Parcel owners. All extensions of electrical and telephane lines shall be located underground, and to the extent feasible shall be located in the Common Driveways and in the Individual Driveways. Each Parcel owner shall be obligated to convey appropriate easements to the utility companies in the event required. 7. Landscaping. Landscaping consistent with a Parcel Landscape Plan approved by the Community Development Department shall be allowed outside the 1041 Site Plan building envelopes on each of the Parcels. All areas located outside of the i 041 Site Plan building envelopes that are disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion. Only plant species listed in the Pitkin County Revegetation Guide (or species native to the site} shall be utilized to revegetate these areas, subject to a revegetation plan approved by the Natural Resources Division prior to the issuance of a Certificate of Occupancy for the Parcel. 8. Drainage and Erosion Control. (a) Prior to issuance of a building permit far a new residence on Parcels 2, 3, 5, 6, 7 or $, respectively, or for an expanded residence on Parcel 4, and/or for a Caretaker Dwelling Unit on Parcels 5, 6, 7 or S, respectively, the Parcel owner shall submit a site specific drainage and erosion control plan for review and approval by the County Engineer. Said plan shall address positive grading away from the residence, diversion of upslope water from the building site, and on-site detention of flows from roofs and other impervious surfaces. (b) Temporary erosion and sediment control measures, including but not limited to haybale dikes, silt fencing and diversion swales, shall be used in connection with all construction and earthmoving activities on any Parcel to prevent soil and sediment erosion from impacting adjacent areas. 9. Geotechnical Resort for Parcel 6. Prior to issuance of a building permit for a new residence on Parcel 6, the Parcel owner shall submit a site specific foundation investigation to determine if the soils are subject to hydrocompaction. 10. Wildlife Mitigation Measures. Parcel owners shall comply with the fallowing measures on their respective Parcels to mitigate impacts on wildlife: ( ` 11 44 `` 525493 kk ~~~ ~~ ~~~~ ~~`~I ~~~~~1 ~i~l (i~'~~~~~ ~~~ ~~~~ 06920/2006f 03gIfi 11l JRNICE K VOS CRUDILL PISKIN Col1NTY CO R 0.00 D 0.00 o U O O (a) Native vegetation shall be maintained outside of the building envelopes, except for agricultural crops. (b) Waste storage shall be provided that complies with the County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to issuance of a Certif Cate of Occupancy on a Parcel. (c) Fruit-bearing trees and shrubs shall be avoided in any landscaping. (d) An orange safety fence shall be installed around the building envelope to prevent any unnecessary vegetation disturbance during construction. {e} Dogs shall be kenneled on Parcels 4 through 8. Dogs shall be prohibited on Parcels 2 and 3. {f) All new fencing outside of the building envelopes that is not necessary for livestock retention shall comply with the following: (i) Wood fencing shall employ three rails or Less, be the round or split rail type, shall not exceed 48 inches in height above ground level and 12 inches in width (top view}, and shall have at least 18 inches between two of the rails. (ii) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. (iii) Existing fencing shall be brought into compliance. (g) Horse hay shall be fenced at the owner's expense with 8' game- proof fencing and other feed shall be kept in bear-proof containers. (h) No riparian vegetation shall be damaged or removed. 11. Wildfire Mitigation Measures: Parcel owners shall comply with the following wildfire mitigation standards on their respective Parcels: {a) For a distance of 15 feet around all structures, vegetation shall be established and maintained at 6 inches or less, with mowed grass, Iow growing perennials or some type of hardscape {e.g., sidewalk, pavers, rock mulch). {b} Beyond the 15-foot perimeter and up to 30 feet from all structures, grass shall be kept mowed to a height of 6 inches or less. (c) Future landscaping within 100 feet of any structure shall be spaced no closer than 10 feet from the outermost branches. The lower limbs of conifers should be removed up to 10 feet or half the total height of the plant to eliminate ladder fuels. f f 525493 I~I ~ {Ill Page: 12 of 19 ~~~~ I [[ 06/20/2006 03:1E ~~~~ tIl (~~~ JANICE K VOS CAIfDILL PITKIN COUNTY Cd R 0.00 D 0.00 iL 000028 (d) Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the International Building Code {IBC) Section 15Q5.2. Wood shake/shingle roof coverings are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: (i} All roof coverings shall be constructed ofnon-combustible materials and installed on a Class A roof assembly. (ii} All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. (iii) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. (iv) Roofs shall be installed as required by the approved building code and shall have a minimum slope of 1:48. (v) All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. (e) Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. {fj Roofs and gutters shall be kept clear of debris. (g) Yards shall be kept clear of all litter, slash, and. flammable debris. {h} AlI flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. (i} Swimming pools or ponds shall be accessible to Fire Department vehicles. (j) Fences shall be kept clear of brush and debris. (k) Woods fences shall not connect to the structure. (1) Fuel tanks shall be installed underground with an approved container. {m) Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure, with standard defensible space vegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire- resistive construction on the exterior side of the walls. ~~ ~~ ~ 525A~93 Page: 13 of 18 `! ~ ~,~ ~~~ ` ~ 06!20!2006 03 :1E li 3RNICE K VOS CRUDILL PITKIM COUNTY CO R 0.00 D 0.08 oooo~s . , ~~ (n) Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. (o) Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. (p) New utility lines shall be buried within roadways to the extent feasible. 12. Air Quality. (a) Prior to issuance of a building permit for a new residence on a Parcel, or for an expanded residence on Parcel 4, the Parcel owner shall obtain a fireplace/woodstove permit from the Community Development Department in the event required. (b) Prior to submission of any earthmoving, access, ISDS or building permit applications, a Parcel owner shall work with the Environmental Health Department to produce a PM10 mitigation plan containing specific, enforceable control measures and documenting that the proposed mitigation measures will fully mitigate for all PMIO increases in the nonattainment area caused by the development. 13. Exterior LiQhtin~. Each Parcel owner shall comply with the County's exterior lighting regulations in effect at the time of installation. 14. Noxious Weeds. Each Parcel owner shall comply with the provisions of the County's Noxious Weed Management Plan. 15. Existing Bride on Parce! 4. Prior to issuance of a building permit far a residence on Parcel 7 or Parcel 8, the existing bridge across Woody Creek on Parcel 4 shall be evaluated by a qualified structural engineer to determine any specific loading limitations or requirements in order to use the bridge to build. and occupy the twa residences. The costs of the engineer, and of any bridge improvements required by the engineer's evaluation, shall be shared equally by the owners of Parcels 7 and 8, although the Parcel owner desiring to build first shall initially pay the entire cost and shall send. copies of the invoices to the owner of the other Parcel, who shall reimburse the first Parcel owner for half of the invoiced costs within 30 days after a building permit is issued for a residence on Ehe other Parcel. Any such bill not paid within said 30 day period shall bear interest at I8 percent per annum from the date the building permit is issued an the other Parcel until paid in full, and the billing owner shall be entitled to an award of its reasonable attorneys' fees and costs if it files a civil action to collect the delinquent amount and prevails. therein. 16. Trip Generation Studies. Prior to the issuance of a building permit for any residence that exceeds 5,000 square feet, the Parcel owner shall submit a Traffic and Parking Management Plan in accordance with the County's Asset ManagerrFent Plan for review and approval by the County Engineer. 525493 11111 06g20/2006E03g1fl 1111111 1111 X111 1111 11111111 II111 II 1111111 1111 111 3RNICE K VOS CRUOILL PITKIN COUNTY CO R 0.00 D 0.00 00©0.30 17. Historic Structures Covenant. Contemporaneously with the recording of this Development Agreement, Craig has recorded a Historic Structures Covenant as Reception No..,SrZ J y"p ~ which identifies the historic structures on the Craig Ranch Parcels (main ranch house, small barn structure below the main ranch house, and abandoned Clavel homestead house on Parcel 8), and in which Craig agrees to prohibit demolition of said historic structures, to stabilize the Clavel house, and to ensure that any alterations or additions to the historic structures will be subject to review by the County's Historic Preservation Officer in accordance with the Secretary of the Interior's Standards for Rehabilitation. 18. Road Impact Fee. Prior to issuance of a building permit for a new residence on a Pazcel, or for an expanded residence on Parcel 4, the Parcel owner shall pay the appropriate road impact fee, based on County regulations then in effect. 19. Parcels 5 and 6: Debris Flow Hazard Warning, Disclaimer and Indemnity. The 1041 Site Plan building envelopes on Parcels 5 and 6 are located within the general area of alluvial fans which are mapped on the County 1041 hazard maps. While these envelopes are believed to have been located outside of the debris flow channels which originate on Parcel 3, it is recommended that before applying for a building permit for a residence on either of Parcels 5 and 6, the Parcel owner obtain a geotechnical evaluation from a geotechnical engineer which identifies any potential mud and debris flow hazards, and that such owner perform any associated mitigation measures that maybe recommended by the engineer. Craig expressly disclaims any responsibility for such hazards. By acceptance of a deed to one of these Parcels, the Parcel owner acknowledges his awareness of and assumes all of the risks and responsibilities relating to such debris flow hazards, and hereby releases and agrees to indemnify, defend (including reasonable attorneys' fees) and hold harmless Craig and their respective agents, consultants, representatives, successors and assigns from and against any liabilities or claims therefor for any losses or damages to persons or property including personal injury or death that may result from the occurrence of debris flow that affects Parcels 5 or 6 or any part thereof or improvements thereon. Article III Vested Rights Under BOCC Resolution No. 144-2004, the right to undertake and complete the development and use of the Lands within the Craig Ranch Parcels under the terms and conditions of the site specific development plan for the Craig Ranch Parcels is vested until October 13, 2019, and shall not be altered, impaired,. prevented, diminished or delayed by any subsequent zoning or Iand use action that is prohibited by Section 24- 68-105(1) of the Colorado Revised Statutes, subject to the exceptions set forth in CRS Sections 24-68-105{1)(a-c} and 24-68-105(2) and in Section 4-140-40 of the County Land Use Code. The site specific development plan for the Craig Ranch Parcels includes, but is not limited to, the allowable floor areas on the respective Parcels, the amount of floor area derived from the TDR's described in Article II(b-f) and the shared use of such TDR's, the building envelopes depicted on the 1041 Site Plans, and all oooa3~- 525493 ~~ ~~~ ~~~ @6920/2006f 03gIli I{ ~I ~~I II ~I 1L~~~~~ 141 tll~l~~ R IE JRNICE K VOS CAUDIII PITKIN COUNTY CO R 0.00 D 0.00 other matters set forth in BOCC Resolution No. 144-2004 .and in this Development Agreement. For purposes of this Article III, this Development Agreement shall constitute a "development agreement" as that term is used in Section 24-68-104 of the Colorado Revised Statutes. Article IV Enforcement I. Enforcement Authority. Pitkin County, and the respective owners from time to time of Parcels 2 through 8, shall each have the right to prosecute an action at any time to enforce the provisions of this Development. Agreement by injunctive relief, and shall also have the right to prosecute an action for injunctive relief and/or for damages by reason of any violation of this Development Agreement. The prevailing party in any action brought to interpret or enforce this Development Agreement and/or for damages for a violation hereof shall be entitled to an award of its reasonable attorney's fees and costs. 2. Limitation on Actions. In the event any construction, alteration, or landscaping work is performed upon any of the Lands within the Craig Ranch Parcels in violation of this Development Agreement, and no action is commenced by any Parcel owner within one (1) year from the date of violation to restrain such violation, then injunctive or equitable relief shall be denied, but an action far damages shall still be available to any aggrieved Parcel owner. This one (1) year limitation shall not apply to Pitkin County, and shall not apply to injunctive or equitable relief against other violations of this Development Agreement. Article V General Provisions 1. The terms and provisions of this Development Agreement shall be binding upon and inure to the benefit of Craig and the County and their respective. successors and assigns, including all future owners of Parcel 2 through 8, respectively. 2. Unless amended pursuant to Article V(5) below, this Development Agreement shall be perpetual in effect, except that any provision to which the rule against perpetuities or the rule restricting restraints on alienation may be determined to be applicable shall only extend and run for the period of the lives of Michael B. Craig, Jennifer C. Craig and Kathleen E. Craig and their now living children, and the survivor of them, plus 20 years. 3. This Development Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 4. If any of the provisions of this Development Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated,. such invalidity shall not affect the validity of the remainder of the I ~~~ ~1~ 1~~~ se e~~ sf ea9ie l 11111 ~l1111~111~1~11~1~ III ~ 11~III1 !1111 I .1RNICE K 105 CRUOILL PITKIN COtiNTY CO R 0.06 Q 0.08 000032 Development Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance .shall not be affected thereby. S. This Development Agreement contains the entire understanding between the parties hereto with respect to the subject matter hereof.. This Development Agreement, maybe amended liy the recording in the Pitkin County, Colorado real property records of a written amendment executed and acknowledged by Pitkin County and by the then current record owners of at least five {5} of Parcels 2 through 8, each such Parcel having one (1) vote in the matter. Provided, that no amendment may further restrict what can be built on a Parcel, unless the owner of the affected Parcel has signed the amendment. And further provided, that Article II(1){k) cannot be amended without the consent of alI Parcel owners. 6. Numerical and title headings contained in this Development Agreement are far convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. ~. Except as expressly set forth in this Development Agreement, no representations of any kind, express or implied, are given or made by Craig or their respective agents or employees in connection with the Craig Ranch Parcels or any Parcel therein or any portion thereof, or any improvements thereon, or physical features thereof, or the fitness thereof for any purpose, or access or utility service thereto, or the development potential thereof or any manner of compliance with the Pitkin County Land Use Cade or applicable environmental or other laws or regulations, or with respect to the cost of owning, developing, enjoying or maintaining any of the lands within the Craig Ranch Parcels. 8. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the title to the lands within the Craig Ranch Parcels and all parts thereof, and all record owners thereof from time to time and their respective successors, grantees or assigns, and shall be deemed an appurtenance to such lands. 525493 ll ~ 1~~I~~~~~~~It 1~~~ 06/2@12006{03g1E ~~1~~~ ~~ 1~~1~~1`~4~~ II 111111 IL X11 JRNTCE K VOS CAUDTLL PITKIN COUNTY CO R 0.00 D 0.00 17 000033 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CRAIG: Ute City Limited, a Colorado limited partnership By:~~~ .Q~ \~ ?1 General Partner COUNTY: Atte ' ~~~~~~ t ~v~`' Dep~ity Clerk and R,'~corder ! iJl_ 7 STA'T'E OF COLORADO } } ss. COUNTY OF PITKIN ) Carol Gallon Craig Family Trust Dated Nove~Iber 26, 1965 ti y_ Carol Gallon Cralg, Trustee ~L&~~~~ ~~ Carol Craig,yIndividually THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Chairperson ,~ ~. Approve orm: ~ ~~I'itkin County A~ftorney ~ The foregoing instrument was acknowledged before me this 7 }~- day of Lune, 2006, by Carol G. Craig as General Partner of Ute City Limited, a Colorado limited partnership. ~.~•~~i`~LA~}J. r~~~~i~r ~- . ti Witness my hand and official seal. ;.~ Q,+ ~~-o'., ~ k~8 r My commission expires: ~ "'~.~„~ ; 525A~93 '~I;ptGa~ry >~ bl~~ ` ~ n v~Q ~ '~ iaf `CUt ©~r ~~\` ~~/ ! ~l~li ~ ~~II ~~~~ 41I1I l~~I~~I ~` I ~~~~ ~l~f 06/20/2006{0391 E r *~Y 1~~~ ~i~ ~~ ~~~ 1 JAMIC~'K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 1 8 000~~ STATE OF COLORADO ) } 5S. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ~ ~ day of June, 2006 by Carol Gallun Craig as Trustee of the Carol Gallun Craig Family Trust dated. November 26, 1965. Witness my hand and off cial seal. My commission expires: STATE OF COLORADO ) ss. COUNTY OF PITKIN } ~ last log ~~rn Q pu Notary ~ubl~U~ F sv ~-~- rv ~oC?b ~~p~-un 1 ~ F rr-~q,, `: ' ''`y4 ~'A,~ ~~ :tt'` V~' A ~'•. V,~ 1~ .~ o , - ~i~ f C OLO ~~~`• ~~lfiFltli-ll-I~~ The foregoing instrument was acknowledged before me this 7~ da of June 2006, by Carol Craig, individually. Y {1iF-F,F,,,,~ Witness my hand and official seal. ~`~QQ.-''~~~.•'•~~ ~''•~.o'', My commission ex Tres: ~ ~ a~-( ~~b' ~OTggy :•~% p ~ ~' ~ iO Notary PublicU ~1~^ /~, ~ ~ . "' 4 A ~` la OC ~ . In 1}F AJ Y T~~ ~, L%t,.`'1'i~ orFC 41,~~~` STATE OF COLORADO ) } ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ~_ day of June, 2006, by the Board of County Commissioners of Pitkin County, Colorado, by /~IIK ~ as Chairperson, and by ~~A-~tl rG ~ ~Q~~ Y,o ~~° ~`b n~~ S as Deputy Clerk and Recorder. ; • •.•G~ Witness my hand and official seal. ~• <y '`~ My commission expires: ~ -~ Z Oa ~~::• ~• • •...... /i ~ ~c~~ ,~*Yotary ublic 3354169 3.DOC j 525493 , E 1~~EEE IEEE 1 EEC ~1 Page: 19 of 19 ~IEEEf~ElEE~1 E E ~f~~E EEE fE @6, 010 ~ EEC SEE E~~ 2 Z 0~ @ . 3 16 JANICE K VOS CAUDILL PITKIN COUNTY CO R @,08 D 0.@0 00003 EXHIBIT March ,~~, 2007 Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Consent to Application for Amendment to Development Approval Ladies and gentlemen: The undersigned, being the record owners of two (2) of the Craig Ranch Parcels according to the First Amended Plat thereof recorded June 20, 2006 as Reception No. 525477 (the "Plat"}, and as defined and described in the Development Agreement for Craig Ranch Parcels recorded June 20, 2006 as Reception No. 525493 (the "Development Agreement"), hereby consent to the submission by Michael Craig and Elizabeth B. Tasker of an application to amend said Plat and Development Agreement for purposes of (i) merging Parcels 2 and 3 into a single Parcel to be known as Amended Parcel 3, (ii} eliminating the Building Envelope on Parcel 2, (iii) increasing the allowable floor area of the single-family residence on Amended Parcel 3 from 5,750 square feet to 10,750 square feet, and (iv) approving a Caretaker Dwelling Unit on Amended Parcel 3, the floor area of which is to be included in the new 10,750 square foot limitation. Very truly yours, Fr r~ Michael Craig.-~' zabeth B. Tasker -~ Owners of Parcels 2 and 3, Craig Ranch Parcels 3675329_2.DOC 000036 March ~ , 2007 Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Consent to Application for Amendment to Development Approval Ladies and gentlemen: The undersigned, being the record owner of two (2} of the Craig Ranch Parcels according to the First Amended Plat thereof recorded June 20, 2006 as Reception No. 525477 (the "Plat"), and as defined and described in the Development Agreement for Craig Ranch Parcels recorded June 20, 2006 as Reception No. 525493 (the "Development Agreement"}, hereby consents to the submission by Michael Craig and Elizabeth B. Tasker of an application to amend said Plat and Development Agreement for purposes of (i} merging Parcels 2 and 3 into a single Parcel to be known as Amended Parcel 3, (ii) eliminating the Building Envelope on Parcel 2, (iii) increasing the allowable floor area of the single-family residence on Amended Parcel 3 from 5,750 square feet to 10,750 square feet, and (iv) approving a Caretaker Dwelling Unit on Amended Parcel 3, the floor area of which is to be included in the new 10,750 square foot limitation. Very truly yours, `-/~4.r.,,y~,.~ ~ Jenn~er Craig Owner of Parcels 5 and 6, Craig Ranch Parcels 3675329 3.DOC 00~003~ :~- March,~ , 2007 Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado S 1611 Re: Consent to Annlication for Amendment to Development Annroval Ladies and gentlemen: The undersigned, being the record owner of two (2) of the Craig Ranch Parcels according to the First Amended Plat thereof recorded June 20, 2006 as Reception No. 525477 (the "Plat"), and as defined and described in the Development Agreement for Craig Ranch Parcels recorded June 20, 2006 as Reception No. 525493 (the "Development Agreement"), hereby consents to the submission by Michael Craig and Elizabeth B. Tasker of an application to amend said Plat and Development Agreement for purposes of (i) merging Parcels 2 and 3 into a single Parcel to be known as Amended Parcel 3, (ii) eliminating the Building Envelope on Parcel 2, (iii) increasing the allowable floor area of the single-family residence on Amended Parcel 3 from 5,750 square feet to 10,750 square feet, and (iv) approving a Caretaker Dwelling Unit on Amended Parcel 3, the floor area of which is to be included in the new 10,750 square foot limitation. Very truly ypur~.,,,~ t jEJJJfff ~ ~ l ~i( ,, Carol Craig v Owner of Parcels 1 and 4, Craig Ranch Parcels 3675329 1 _DOC oooo3s PUBLIC NOTICE RE: CraiglTasker Amendment to Development Permit, Special Review and GMQS Exemption for TDR Receiver Site and Caretaker Dwelling Unit (CASE# P038-07) NOTICE IS HEREBY GIVEN that a public hearing. will be held on Wednesday, May 23, 2007 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main Street, Aspen to consider an application submitted by Michael Craig & Elizabeth Tasker (P.O. Box 245, Woody Creek, CO 81656) requesting approval to merge Parcels 2 & 3 into a single parcel for development purposes; eliminate the approved building envelope on Parcel 2; utilize TDRs on Amended Parcel 3 for up to 10,750 square feet of floor area; and to construct a Caretaker Unit on Amended Parcel 3. The. property is located on the north side of Woody Creek Road and is legally described as Parcels 2 and 3, Craig Ranch Parcels. The .State Parcel Identification for this property is 2643-141-00-002 and 2643-141-00-003. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., .Aspen CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on Apri122, 2007. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The- names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen,. CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date s• ~~ ~- cSU ~6(i~c~ ~ PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX # (970) 920-5439 Apri13, 2007 Sunny Vann 230 East Hopkins Ave Aspen, CO 81611 Re: Craig/Tasker Amendment to Development Permit, Special Review and GMQS Exemption for TDR Receiver Site and Caretaker Dwelling Unit (PID 2643-141-00-002 & 2643-141-00-003; Case P038-07) Dear Mr. Vann: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public hearing by the Board of County Commissioners on Wednesday, May 23, 2007 at a meeting to begin at 1.2:00 P.M. in the Plaza. One Meeting Room at 530 East Main St., Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Deparment (copy of notice will be sent to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit of Notice (Code Section 2-20-100) PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Colorado Division of Wildlife Open Space & Trails Woody Creek Caucus FROM: Suzanne Wolff, Community Development Department RE: Craig/Tasker Amendment to Development Permit,. Special Review and GMQS Exemption for TDR Receiver Site and Caretaker Dwelling, Unit (CASE P038-07; PID 2643-141-00-002 & 2643-141-00-003) DATE: Apri13, 2007 Attached for your review and comments are materials for an application submitted by Michael Craig & Elizabeth. Tasker. The Board of County Commissioners will review the application on Wednesday; .May 23,. 2007. Please return your comments to me by Friday, May 4, 2007. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. ~ ay 15 07 09:22a April 30, 2007 Janet K. Schoeberlein 970-922-7295 Woody Creek Caucus District Planning Commission P. O. Box 297 Woody Creek, Colorado 81656 TO: Pitkin County Community Development Dept. 130 S. Galena St. Aspen, CO. 81611 Attn: Suzanne WolfF Craig/Tasker Amendment to Development Permit -Case P03 8-07 The Woody Creek Caucus District Planning Commission has considered the subject matter, and has no objections to the subject application. Sincerely, Philip J. olstein For the Woody Creek Caucus District Planning Commission p. i STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Bruce McCloskey; Director 6060 Broadway Denver, Colorado 80216 , - Telephone: (303) 297-1192 Apri126, 2007 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 RE: Craig/Tasker Amendment to Development Permit Dear Suzanne: /~°~°\ tr ~, ~o y4~ ~'OF~. Foy Wildlife- For People The proposed amendment to merge parcels 2 and 3 into one parcel with one development site would be beneficial to wildlife and the Division supports the amendment. The Division recommends implementation of measures outlined in our 4-26-061etter, including the vegetative screening. In addition, the following recommendations would help to minimize impacts to wildlife and human-wildlife conflicts: 1. caretaker unit be attached or within close proximity to the main house 2. contractors/construction workers should not be allowed to bring dogs on site during construction. The .Division has had problems with construction workers dogs chasing wildlife 3. contractors/construction sites are required by code to provide a bear proof container for all edible and food related trash in order to minimize an attraction for bears. This should be enforced and relayed to all workers and subcontractors. (compliance has been minimal in the past), Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright at 947- 2920. Sincerel ~ ~ ' G/~'-i e~~~l Ar a Wildlife Manager Cc: R. Velarde, K. Wright, file DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director WILDLIFE COMMISSION, Tom Burke, Chair • Claire O'Neal, ~ce Chair • Robert Bray, Secretary Members, Brad Coors • Jeffrey Crawford • Rick Enstrom • Roy McAnally • Richard Ray • Ken Torres Ex Officio Members, Hams Sherman and John Stulp County of Pitkin } AFFIDAVIT OF NOTICE & } ss• MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-i00 `~ ` , I ~ y~~~ ,being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U. S: Mail at least 30 days prior to the public hearin to all owners of roperty adjacent to the subject property, as indicated on the atta hed list, on the~~day of~~~~200~(`which is~2 days prior to the public hearing date of's~~ ), The names and addresses of the adjacent property owners shall be those on the current tax' records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid I7.S. Mail at least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject property, as indicated on the attached list, on the _ day of , 200_ (which is _ days prior to the public hearing date of ). The names and addresses of the mineral estate owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 3. By posting a sign in a onspicuous .lace on the subject property (as it could be seen from the. nearest public way) on theZ~ day of.~~/G , 200_, which is a st fifteen (15) days prior to the public hearing. A photograph of the posted sign is attach er o. Applicant's name Signed before me this. ~ 3 day of ~ 0~- y , 200~by WITNESS MY HAND AND OFFICIAL SEAL My commission expires:. /Q - 9 -2ca/ v tart' Public (j' J~~-~.~~ N tart' Public's Signatu~e ¢/ /~~ APR. 12. 2007 11:14AM COMMUNITY DEVELOPMENT NO. 0904 P, 1/1 ;.. _. PUBLIC NOTICE RE: Craig/Tasker Amendment to Development Permit, Special Review and GMQS Exemption for TDR Receiver Site and Caretaker Dwelling Unit (CASE# P038-07) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, May 23, 2007 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main Street, Aspen to consider an application submitted by Michael Craig & Elizabeth Tasker (P.O. Box 245, Woody Creek, CO 81656) requesting approval to merge Parcels 2 & 3 into a single parcel for development purposes; eliminate the approved building envelope on Parcel 2; utilize TDRs on Amended Parcel 3 for up to 10,750 square feet of floor area; and to construct a Caretaker Unit on Amended Parcel 3. The property is located on the north side of Woody Creek Road and is legally described as Parcels 2 and 3, Craig Ranch Parcels. The State Parcel Identification for this property is 2643-141-00-002 and 2643-i41-00-003. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on Apri122, 2007. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pickup Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date Received Time Apr.12. 4:53PM A83/1t~-09-00$-I. uo!U~~Asu!sp ;uauaa6aey~ ap suas ; ®09I.S ®11213Atl ~!aege6 a! zas!!r; f1 e~oa•IFJ nnnnro- a~~!na~. e! za~~nsuo~ ~ .~a!ad a sa!~e} sa~anb~.3 CRAIG CAROL CRAIG CAROL GALLUN CRAIG JENNIFER 707 N THIRD ST PO BOX 18 PO BOX 46 ASPEN, CO 81611 WOODY CREEK, CO 81656 WOODY CREEK, CO 81656 GSS PROPERTIES LLC QUESTROM ALLEN I & CAROL L KELLI STRANAHAN GEORGE C/0 TRUSTUS INC 16 A TURTLE CREEK BEND C/O THRESHOLD GROUP 132 W SECOND ST STE A DALLAS, TX 75204 PO BOX 2358 PERRYSBURG, OH 43551 GIG HARBOR, WA 98335 T 0965 ® Taan;eat laad ~(se3 ao} ~ waded paa~T ®09 6 5 311/1dW31®~Gand ash ' ® ~~~f/~ ~ a uol~na;sul aag ~ ~ ~ ~ slage'i laad ~(se3 '. ,,. ,.. ~ , ., , , ~ ~ ~ ~ ' ~a yS ~ - j a COMMUNITY DEVELOPMENT DEPARTMENT= ~ 130 Sout1~ Galena Street Aspen, Colorado 81611... (970) 920-5526 Pitkn County Land User 172 Board of Adjustment 159 County Land Use Code 174 Flat Fee "T' s ,. ; 162 Zoning and Sign 169 Public Notice+ `"""~""" ~ ~~ ,. , 160 Planning. Enforcement 175' Hearing Officer ` Referral Fees• ~ 210 Airport LUC01 County Clerk a',) a 211 County Engineer .194 Environmental Health 208 Historic 198 Housing l~ ~ {', 190 Land Management 209 Redstone HPC ~ '; 206 Wildlife Officer _. Building Fees: 170 Board of Appeals 105 Building. Permit 120 Electrical Permit. 195 Energy Code Review • 115 Mechanical Permit 150 Plan Cheek 110 Plumbing Permit 130 Reinspecton ~ ;l 152 AVFD Fire Marshal 158 BFD Fire Marshal 1 d Other Fees- ~ 155 Use Tax i lb5 Copy PZ005 Master Plan Copy 185 Park Dedication - ~ Vii-, IS GIS Requirements U ~~, 161 Housing Impact Fee ~~ B1202 Road Impact Fee ~- f B 1203 School Impact Fee. ~` TOTAL r :~. ! :~. s i i NAME,: ~ ~ , t . ~ .x.. ,~, a ~ ~ ADDRESS/PROJECT:. ~, ~~.,. PHONE; ~ s s', CASE/PERMIT#: ~ :i;~' ...,,, ~"' ; , ,t. INITIAL: ~ ,. f 2` e ' ~ ~,„,s j l