HomeMy WebLinkAboutpitkin.planning.264303201006DOCUMENT 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 (ilxl'n
MEMORANDUM
TO: Pitkin County Planning and Zoning Commission
FROM: Ezra Louthis, Planner
RE: Chaparral Aspen Remote Parcel 6 Rural Area Residential GMQS (New Code)
DATE: May 1, 2007
REQUEST: The Applicant is competing in the Rural Area Residential GMQS Competition fora 1,000
square foot allotment in order to construct a cabin on a 35+ acre parcel. The Applicant has also requested
activity envelope and special review approval for the building envelope and driveway; this portion of the
application will be considered separately.
The request will be reviewed as an individual 35± acre parcel (i.e. no credit for Chaparral Ranch
improvements) pursuant to Section 6-50-10.A.2, which states: "If allotments are sought for more than one
(1) parcel of thirty-five (35) acres or larger which was created pursuant to the state statutory exemption
for such parcels, then each parcel for which an allotment is sought shall be considered a separate
application for an allotment. Such parcels shall not be considered together as if they were part of a single
subdivision or planned development."
APPLICANT: Woody Creek Ventures LLC
REPRESENTATIVES: Clark Lipscomb & Mike Hoffman
LOCATION: The Chaparral Ranch Parcels ("Main Ranch") are located in Woody Creek above Upper
River Road, Woody Creek Road and Little Woody Creek Road. The Chaparral Ranch Remote Parcels
are located above and north of the Main Ranch; a BLM parcel intervenes between the Main Ranch and
the Remote Parcel. The Remote Parcels abut USFS land to the north (Kobey Park area) and east (above
Little Woody Creek).
ZONING: The property is zoned Rural/Remote and contains approximately 35 acres.
ACCESS: Access is provided on an existing road (Discovery Way) that passes through the Main Ranch
and the intervening BLM parcel.
REFERRAL AGENCIES: The Woody Creek Caucus District Planning Commission stated that they
oppose the application,. and believe that no further cabins should be developed. Their comments are
attached.
PROCEDURE/PROCESS: Scoring of the Growth Management applications is conducted by the
Planning and Zoning Commission. The Planning Commission forwards by resolution the ranking of the
development applications to the BOCC. Upon receipt of the Planning Commission resolution forwarding
the scores or subsequent to the conclusion of all appeal hearings, the BOCC by resolution allocates
development allotments to the eligible applicants.
If the Applicant meets the scoring threshold and is eligible for an allotment, then the Planning Commission
will review the other portions of the land use application. If an allotment is denied, the pending land use
application shall be denied as well [Sub-Section 6-40-20.b].
BACKGROUND: The original development application for the Main Ranch was denied by the BOCC
on July 14, 1999. The Applicant filed a lawsuit, which challenged the BOCC's denial of the application.
A revised proposal for development of the Main Ranch was submitted in the context of a settlement of
the lawsuit. On September 13, 2000, the BOCC approved the Braun Ranch Settlement Agreement,
pursuant to Resolution No. 158-2000. Submission of an application to rezone the Remote Parcel to
Rural/Remote was one of the conditions of the Settlement Agreement, and was proposed in an effort to
address issues raised by the Woody Creek Caucus during the original review, including inclusion of all
lands under common ownership within a development application and the transfer of development rights
from other areas into the Woody Creek planning area. The Settlement Agreement specified that no more
than three rural and remote cabins would be allowed within the Remote Parcel.
The BOCC approved the rezoning of the Remote Parcel to Rura1/Remote pursuant to Ordinance No. 022-
2001. At the same time the BOCC granted growth management allotments for three 1,000 square foot
cabins on three separate 35+ acre parcels on the Remote Parcel (Parcels 1, 5 and 10), pursuant to
Resolution No. 032-2001, and granted 1041 hazard review, conceptual submission and special review
approval for those parcels, pursuant to Resolution Nos. 078-2001 and 088-2001. One cabin has been
constructed on Parcel 10. TDRs have been extinguished from Parcels 2, 3, 4 and 9.
In 2004 the BOCC amended the Settlement Agreement for Chaparral Aspen to allow the Applicant to
seek approval for three additional cabin sites (subject sites) on the Remote Parcel, pursuant to Resolution
No. 054-2004, subject to certain restrictions as provided in condition #3 of the Resolution (attached).
In September of 2005 the Applicant submitted a GMQS application under the old LUC for an allotment
to construct a 1,000 sq, ft. remote cabin. The application was heard by the P&Z on October 27, 2006, at
which time Staff and the P&Z scored the application below threshold, and thus the allotment was not
granted. The Applicant then appealed the P&Z scoring to the BOCC. The Board heard the appeal on
December 6th and December 20th of 2006, at which time the Board determined "...that there had not been
an abuse of discretion or denial of procedural due process in the P&Z scoring" pursuant to Resolution
No. 162-2006 (attached), therefore denying the appeal.
During the review and appeal of the 2005 allotment request, the Applicant submitted the subject
application under the new LUC in September of 2006.
RURAL AREA RESIDENTIAL GROWTH MANAGEMENT OUOTA SYSTEM ALLOTMENTS:
The proposed development does not qualify for any of the exemptions from the Growth Management
Quota System, therefore, the Applicant is requesting a 1,000 square foot allotment out of the 25,000
square feet available on an annual basis within the Rural Area for new subdivisions and new 35 acre
parcels. Staff's recommended scoring is attached as Attachment A.
Please note that a development must receive a total score of 22 points to meet threshold. Staff has
recommended a score of 12 points, which does not meet the threshold requirement and, therefore, is not
eligible for the requested 1,000 square foot allotment.
ATTACHMENTS:
A. Staffls recommended scoring
B. Resolution No. 054-2004
C. Resolution No. 162-2006
D. Woody Creek Caucus District Planning Commission
ATTACHMENT A
RURAL AREA RESIDENTIAL GROWTH MANAGEMENT COMPETITION FOR
ADDITIONAL FLOOR AREA
STAFF'S RECOMMENDED SCORING
NAME OF PROJECT: WOODY CREEK VENTRUES 1JLC (REMOTE PARCEL 6)
DATE: 5/ 1 /07
6-10-10: STANDARDS FOR SCORING APPLICATIONS FOR RESIDENTIAL
ALLOTMENTS
The Planning and Zoning Commission shall consider each application with respect to the
standards described below, and shall assign points according to the following schedules:
(a) Impacts on Public and Private Facilities
(7) Considering whether an applicant has provided a commitment to install those public and
private facilities that are necessary to serve the development and also to install facilities that
may be of benefit to the surrounding neighborhood. Points shall be awarded according to
the following schedule:
(a) Zero (0) means the proposed facilities do not comply with the County's adopted
standards or do not meet the needs of the project.
(bJ One (1) means the proposed facilities comply with the County's adopted standards and
provide for the needs of the project, but do not improve services to the surrounding
neighborhood.
(c) Two (2) means the proposed facilities comply with the County's adopted standards,
provide for the needs of the project, and help to solve a problem or resolve a constraint
with existing facilities, or otherwise are of benefit to the surrounding neighborhood.
Any such improvements proposed must also be consistent with adopted County plans
addressing such facilities and must be determined to be necessary and appropriate by
the referral agency charged with utilizing the facility or providing the related service.
(2) The categories in which points shall be awarded are as follows:
(a) Fire Protection
7. Capability of the appropriate fire protection district to provide fire protection
according to its established response standards, including whether appropriate
access has been provided to the development site, with necessary vehicle turnouts
and turn-around pads;
2: Adequacy of available water pressure and capacity for providing fire-fighting
flows; and
3. Commitment of an applicant to provide or pay for fire protection facilities that may
be necessitated by the project or that may improve fire protection capabilities in
the neighborhood, including but not limited to fire hydrants, water storage tanks or
ponds, and fire fighting vehicles or equipment.
Maximum Score 2 Score: 1
COMMENT: 'The Applicant will be re uired to comnl w~ ith the requirements of the Aspen Fire
Protection District, and has a eed to place an internal ~rinkler svstem within the cabin. The
Applicant has also agreed to install a water storage tank however, given the remote location, the
narrowness and grade of the access road and the lack of winter road maintenance, the Fire District
may not be able to access the n_ roperty in case of emergency There is also no commitment by the
Applicant to provide access to the stora e~ tank and thus no guarantee that access could be scanted to
the Fire District. Staff finds that a score of 1 is appropriate. -
(b) Road System
7. Capability of the public road network to provide for the needs of the proposed
development within acceptable levels of safety, as defined in the Pitkin County
Asset Management Plan; and
2. Applicant's commitment to provide or pay for necessary road system
improvements attributable to the proposed development or to improve road
capacity or safety in the neighborhood.
Maximum Score 2 Score: 1
COMMENT: The Applicant is proposing to utilize existing roads to gain access to the remote
cabin parcel. The Applicant is not pro osing to do anv additional improvements. Since the
Applicant is not makine any other improvements a score of 1 is appropriate.
(c) Transit and Trail Systems
7. Whether the proposed development site is located in proximity to existing transit
routes and trail systems and whether appropriate on-site connections are made to
these routes and trails;
2. Capability of the transit system to accommodate the proposed development
without the need. for additional equipment or route shifts;
3. Commitment of the applicant to finance or provide capital improvements (such as
a bus, bus shelter, or trail connection) that enhance the ability of the transit or trail
system to serve the proposed development, or to provide an easement for a trail
that has been identified in the Pitkin County Comprehensive Plan; and/or an
easement for a trail that has generally been identified as a public access need.
Maximum Score 2 Score: 2
COMMENT: There are no existing transit routes available to the area There is a trail easement
on the property that provides public access to the forest service road Due to the existence of the
easement, Staff finds a score of 2 appropriate.
Impacts on Public and Private Facilities Subtotal: 4
(b)'Effect on the Environment
r
(1J Considering the environmental impacts of the proposed development and whether the
applicant commits to actions that will have a positive effect on the natural environment in
Pitkin County, thereby achieving an overall benefit for the community. Points shall be
awarded according to the following schedule:
(a) Zero (0) means the proposed development does not comply with the applicable adopted
County environmental standards.
(b) One (1) means the proposed development complies with (but does not exceed) the
applicable adopted County environmental standards.
(cJ Two (2) means the proposed development exceeds the applicable adopted County
environmental standards, or the proposed development complies with the applicable
adopted County environmental standards and helps to solve an existing environmental
problem. To receive a score of 2 in any category, an applicant shall exceed an adopted
standard or solve an existing problem as expressed in at least one of the standards in
that category, but need not do so in all of the standards of that category.
(2) The categories in which points shall be awarded are as follows:
(a) Water Resources
Considering the overall impacts of the development on local and regional water
resources, including:
7. The extent to which the proposed development of the property will comply with or
will exceed (by more than fifty (50) percent) the minimum stream setbacks and
riparian and wetland buffers established in Table 5-1 and Sec. 7-20-80 of this Land
Use Code.
2. Whether an applicant commits to the dedication of water rights to an appropriate
public agency or other actions that will contribute to the protection of minimum
stream flows and address a documented need in Pitkin County.
3. Whether an applicant commits to retain irrigation water rights with agricultural or
open space lands that are part of the development.
4. Whether an applicant commits to the implementation of techniques that will
improve the efficiency of existing irrigation systems and commits to dedicate the
remaining water to minimum instream flows, or increases the amount of
agricultural land or protected open space that is able to be irrigated within the
development.
5. Whether an applicant proposes a water augmentation plan that will replace water
that is to be used by the development with augmentation water that re-enters the
stream either (i) upstream of the development, or (ii) at the same point of diversion
employed by the development (that is, bringing "wet water" to the County), or iii
downstream of the development, but still upstream of the in-stream depletion areas
in Pitkin County.
Maximum Score 4 Score: 2 x 1= 2
COMMENT: The proposed development avoids riparian areas and does not contain an
aericultizraUirrigated lands water history The proposed development will be serviced by a private
well. The Applicant contends that there is an augmentation plan for the entire Chaparral Aspen
Ranch however the sub'ect arcel is bein scored se crate of the Ranch and Staff finds that a score
of 2 is not appropriate since the water service only serves the develo_ment and does not help to
satisfy an existing need of the surroundine area.
(b) Wildlife Habitat Protection
Considering the extent to which the proposed development will contribute to the
protection of wildlife habitat in Pitkin County by exceeding the standards of Sec. 7-20-
70. The County has identified the following activity that qualifies as exceeding the
adopted standards:
7. An applicant could commit to a program that would enhance or would restore
native wildlife habitat that has been degraded by human or animal activity (for
example, by creating or restoring wetlands and/or riparian habitat). On-site
enhancement is preferred, but where there are no significant opportunities for on-
site enhancement or restoration, a commitment to enhance or restore other sites in
Pitkin County may be considered.
2. Applicants may also identify other innovative ways in which wildlife habitat can
be protected in Pitkin County that would exceed the County's adopted wildlife
standards.
Applicants with no mapped or known wildlife habitat on their entire lot or parcel shall
receive a score of two (2) in this category.
Maximum Score 4 Score: 2 x 1= 2
COMMENT: The entire Remote Parcel is within ells and mule deer winter ranee, therefore. the
development on Parcel 6 does not "coin letely" avoid existing wildlife and wildlife habitat, but it
does comply with the Code The envelo a avoids critical habitat areas and Kevin Wrieht with the
Division pf Wildlife states that the cabin should not have significant impacts. The Applicant has also
committed to locating "water Quzzlers" on the parcel but Staff doesn't feel .that the placement of a
water source for wildlife is proportional to ainin an additional point. Staff recommends a score of
1 for compliance with the Code.
Effect on the Environment Subtotal: 4
(C) !Achievement of Community Goals
(7) OPENSPACE PRESERVATION ~
(a) Considering the extent to which the proposed development will contribute to the
preservation of open space in Pitkin County. Valued open space that an applicant could
preserve includes:
7. Undeveloped lands that have wildlife, scenic, and other desirable resource values;
2. Agricultural lands, including those that have been historically irrigated, .used for
food, grains or other feed production, and those used for dry pasture and
rangeland;
3. Lands, or easements over lands, which provide access to public lands or public
waters; and
4. Other undeveloped lands whose preservation would be consistent with the adopted
Pitkin County Comprehensive Plan.
(b) Points shall be awarded according to the following schedule:
1. Zero (0) means the proposed development does not preserve any of the valued
open space within the property.
2. One (1) means the proposed development preserves some, but not all of the valued
open space within the property.
3. Two (2) means the proposed development preserves all of the valued open space
within the property.
4. If the entire lot or parcel does not contain any valued open space, the applicant
shall receive a score of two (2).
Maximum Score 4 Score: 2 x 1= 2
COMMENT: The parcel is ~~ned Rural and Remote and could be deemed "valued o en space"
in its entirety. however there is a proposed '/2 acre activity envelope for a cabin and access
proposed to be developed with this request Staff finds that the _nronosed development preserves
some, but not all of the valued o en space and that a score of 1 is appropriate.
(2) HAZARD MITIGATIONAND A YDIDANCE
Considering the extent to which the proposal mitigates the impacts of development or avoids
locating development in floodplain hazard, geologic hazard, or wildfire hazard areas, as
these areas are described in Chapter 7 of this Land Use Code. Points shall be awarded
according to the following schedule:
(a) Zero (0) means the proposed development does not comply with the County's adopted
standards for floodplain, geologic, and wildfire hazard areas.
(b) One (1) means the proposed development complies with the County's adopted
mitigation standards for development in floodplain, geologic, and wildfire hazard areas,
but includes some development activities on slopes in excess of thirty (30) percent or in
areas subject to severe wildfire hazards.
(c) Two (2) means the proposed development complies with the County's adopted
mitigation standards for development in floodplain, geologic, and wildfire hazard areas
and includes no development activities on slopes in excess of thirty (30) percent or in
areas subject to severe wildfire hazards.
Maximum Score 2 Score: 2
COMMENT: Staff. finds that a score of 2 is appropriate due to compliance with hazard
mitigation and avoidance The roposed activity envelope avoids slopes in excess of 30%,
floodplains and geologic hazards The wildfire hazard can be mitigated.
(3J DEVELOPMENT BELOWALLOWABLE DENSITY (ONLYAPPLIES TO
DEVELOPMENTS WITHIN THE RURAL AREA)
Considering the extent to which the development proposed is less than the allowable density
in terms of numbers of dwelling units (not including caretaker dwelling units, employee
dwelling units, or deed restricted affordable dwelling units) permitted in the applicable zone
district. Points shall be awarded according to the following schedule:
(a) Zero (0) means the applicant proposes development at a density of seventy-six (76)
percent to one hundred (100) percent of the density allowed by the underlying zone
district.
(b) One (1) means the applicant commits to limit development to fifty-one (51) percent) to
seventy-five (75) percent of the density allowed by the underlying zone district.
(e) Two (2) means the applicant commits to limit development to fifty (50) percent or less
of the density allowed by the underlying zone district.
(d) When competing for additional square footage only, an applicant shall receive a score
of one (1) if there is no opportunity to reduce density on a property.
Maximum Score 4 Score: 2 x 0= 0
COMMENT: Parcel 6 contains 35.448 acres• one unit on 35+ acres in the RuraURemote zone
district is the maximum density allowable• therefore the Applicant is not eligible for anv points in
this cate~orv. -
(4) REDUCTION OF VISIBLE MASS (ONLYAPPLIES TO DEVELOPMENTS WITHIN
THE RURAL AREA)
Considering the extent to which the development proposed is less than the allowable floor
area allowed on the property by the underlying zone district; utilizes some of its allowed
floor area to develop sub-grade space; or is below the allowable height of the underlying
zone district. Points shall be awarded according to the following schedule:
0 Points
1 Point
2 Points
(Note 4)
Notes:
Final Maximum Floor
Area
-(see note 1 }
Final maximum floor area
is limited to more than
75% of that potentially
available to the property.
Final maximum.floor area
is limited to no more than
75% of that potentially
available to the property.
Final maximum floor area
is limited to no more than
55% of that potentially
available to the nronerty_
Sub-Grade Floor Area ,
(see note 2)
Less than 20% of the
requested floor area
would be built sub-grade
At least 20% of the
requested floor area will
be built sub-grade.
At least 30% of the
requested floor area will
be built sub-grade.
1 [eight
(see.note 3)
Pr- p ed structure(s)
limited to less than 15%
below .the maximum
allowable height.
Proposed structure(s)
limited to at least 15%
below the maximum
allowable height.
Proposed structure(s)
limited to at least 30%
below the maximum
allowable height.
1. This calculation is based on the final maximum floor area that is potentially allowed on the
property by the underlying zone district, as specified in Table 5-l .D: See Sec. 5-20-70 for rules
governing measurement of floor area.
2. To qualify as sub-grade, the space must meet the requirements for exempt sub-grade space in
Sec. 5-20-70(f)(1).
3. To receive points in this category, no portion of any proposed structure can measure above
the stated height limit.
4. Applicants may score points in each of the three categories described in this section, up to a
maximum of 6 points (2 points in each category).
MAXIMUM SCORE 6 SCORE: 0
COMMENT: The Applicant is not uronosing any reductions in visible mass for this parcel.
Achievement of Community Goals Subtotal: 4
(d)'Creative Bonus.
The Planning and Zoning Commission may award bonus points to any development application
that meets the overall minimum scoring threshold to obtain an allocation, as specified in Tables 6-
7and 6-8. Bonus points may be awarded to an applicant who proposes creative approaches that
are consistent with the purpose and intent of the scoring categories set forth in Secs. 6-50-20 (a),
(b), and (c), and go beyond the standards established in each of the respective categories. Bonus
points may also be awarded •for creative approaches that have not been addressed in any of the
scoring categories set forth in Secs. 6-50-20 (a), (b), and (c), but that are consistent with and help
to implement the Pitkin County Comprehensive Plan. Up to five (5) bonus points may be
awarded as follows:
(7) One (1) bonus point may be awarded for each creative approach an applicant proposes that is
consistent with the purpose and intent of a scoring category set forth in Secs. 6-50-20 (a),
(b), and (c), and goes beyond the standards established in that category.
(2) One (1) bonus point may be awarded for each creative approach an applicant proposes that is
consistent with and helps to implement the Pitkin County Comprehensive Plan.
(3) One (1) bonus point may be awarded to any applicant who proposes to build affordable
housing, rather than pay the Employee Housing Impact Fee required by Section 8-30 of this
Land Use Code. To obtain the bonus point, the proposal to build the housing shall comply
with the County's adopted affordable housing policies and guidelines in terms of its location
and the type of housing proposed.
Maximum Score 2 Score:
COMMENT: There is no need to score the creative bonus point section because there is no
competition and the Annlicant did not meet threshold.
TOTAL POINTS (with multiplier):
Possible Subtotal Subtotal
Points (without (with
multipliers) multipliers)
A. Impacts on Public and Private Facilities 6 4
B. Effect on the Environment
8
2 4
4
C. Achievement of Community Goals 16 3 4
D. Creative Bonus 5 p ~
TOTAL 35 ~ 9 12
Must meet minimum threshold of 22 points (with multiplie rs) to obtain an allotment (bonus
points are not included in the minimum threshold).
- ,
- ~ ~ I J i I i
Exhibit-~B
I .
;RESOL>:JTION OF THE BOARD OF COUNTY CpMMISSIONERS OF PITKIN COY7NT'y,
COLORADO, APPROVING AN AMENDMENT TO THE CHAPARRAL ASPEN SETFLEMLNT
- AGREEMENT
- - Resolution No. ~-20D4
R-)JCZTAL5
I . Woody Creek Ventures LLC ("Applicant") applied to the Pitkin County Board of County
Commiss'coners ("BOCC") to amend the Settlement Agreement: ~ ~ -
A: To reduce the total above grade floor area on the main ranch from 100,000 to 90;000 square feet;
B: To obtaili the right to seek approval for 3 additional. cabin sites on the remote parcel;
C. To extend the vested rights period to 20 years;
D: To construct the pu>alic pedestrian trail from Upper River Road across the main ralich parce(.
E. To voluntarily impose a real estate transfer tax with Pitkin County as the beneficiary.
. F. Tn extend the deadline by which the Ranch Manager's unit was required.to be constructed,
2: The property is located on Upper River Road, and' is described as Homesteads 1-10, Chaparral Aspen
and Parcels. l - ] 0, Chaparral Aspen Remote Parcel: - -
3. The '';ta"` Iz;Ic;; ;s zoned RS-20fPTJC ar~d the remote parcel is zoned RurailRemote. .
- ~1. The Board of County Commissioners ("BOCC") approved the Braun Ranch Settlement Agreement
pursuant to Resolution No. 158-2000. The subdivision exemption plat and l•04I hazard review site
plans for the main ranch were recorded in flat Book 61'at Pages 94-] O1, and the subdivision exemption
plat far the remote parcel was recorded in Plat Book 63 at Pages 75-77. The vested rights for the
approve! currently expire on February S, 2006.
,S. The' BOCC initialIy heard this application at a dulynoticed public hearing on November 19, 2003, at
• which time evidence and testimon}r were presented with respect to this app}ira-tion. The BOCC
approved the application on that date contingent upon the County's ability to Legally create an enterprise
fund or to facilitate the imposition and collectian'of the proposed assessment. The County Attorney
subsequently determined that the assessment was not legal and counseled the BOCC not to acoept the
assessment as part of the proposed ain.endments.
6. The BOCC subsequently reconsidered this application at duly noticed public hearings on Marcb 24 and
April l 4, 2004, at which time evidence and testimony were presented with respect to this application, •
7. The BOCC finds that the proposed amendments to the Settlement Agreement, as amended by the
BOCC (which included the elimination of the proposed real estate transfer tax}, are appropriate and
provide benefcts to tlye County.
8. TI~e BOCC further finds that the proposed extension of the deadline for construction of the ranch
manager's unit on the common parcel is appropriate, given that housing is provided ict an existing unit
on-site.
,. ~ ~~i~i~~~~~;~ f 49 X955
~~I ~~~~~~ jjJ II jf 9 1 of 3
1I~1Ill~~~
slwra v ~~~I ~~
aVIS 1~1 ~~~~ ~~ 0S
PI7K3N CC ~~ I24/20
UN'rY CD R 0.00 04 0.4 ; 14P
n e,ea
lair~iiiil ICI ~ II L li, Yliill Y II 11 I, I I i I„ i n I,
I
~...
I I I
Rcsvlutinn A'o, 1004
Pa~~e 2
NOW THEREFORE SE IT RESOLVED by the Pitkin County Board of County Commissioners
that it.does hereby a~ppravethe requested amendments to the Chaparral Aspen Settlement Agreement as
specified below; '
1. The aggregate above grade floor area for the.10 lots on the main ranch shall' be reduced from I DD,ODO
square feet to SS,DDO square feet~of floor area {as defined in the SettlemenT Agreement), such that five
of the residences shall contain no more than 10,000 square feet of floor area; four of the residencesshal]
contain no more than 7,50D square feet of floor area, and one residence shall contain no m~re,than S,OOD
. square feet. ~ ,
2. The Applicant may seek approva[ from the County for three additional rural and remote cabins on
Parcels b, 7 and 8 of the Remote Parcel. The Applicant must obtain development rights and all
. applicable approvals, including 9 D4I hazard review, for the three cabins.
3, AlI of the cabins an the Remote Parcel shall be subject to the following:
A. Management, maintenance, and use of the cabins will tie coordinated solely by the Chaparral
Aspen Ranch Manager. This control vuill allow.Chaparral Aspen to coordinate service and limit
main#enance and service personnel to the cabins. Access to the cabins will be gate controlled at
multiple locations and the ranch manager will be notified in advance of a planned cabin usage,'
u. %xCept for ilia exISting cabin tOCated GYl lot 1D, any new Cabin W)11 be a1lOWet1 Only One OWller,
The three additional rural and remote cabin sites (lots 6, 7 and 8) wilt be Limited for sale~to
.individuals residing in the Woody Creek area, extending north from Highway 82 and from
McClain F}ate road where it crosses tie Roaring Fork River to the Old Snowmass bridge.
C. The. rural and remote cabins are limited use cabins intended to serve recreational purposes and
are, not planned ~or designed for year round occupancy. '
D. The design guidelines will provide for the use of reclaimed materials designed to blend into the
natural landscape,.similar in nature to the cabin constructed on lot ] 0. Al! six of the cabins will.
be lncated off the grid and utilize a combination of solar and propane power. The propane tanks
'will be underground.tanks and propane delivery will be limited to twice annually for all six of the
cabins and will be coordinated by the Chaparral Aspen ranch manager.
4. The Applicant shat] construct the public trail within the platted easement from Upper River Road
across the Main Ranch parcel. The trail shall be subject to the restrictions contained within the Trail
Easement recorded as Reception No. 460243. The Applicant shaT1 provide financial" security foi' the
construction of the trail within 60 days of the date of this approval or prior to issuance of. an
earthrnoving ~,ermit for ti>e trail, whichever comes first. Construction shall be completed prior to
issuance of any Certificates of Occupancy for the affordable housing units on Homesteads 1 1 B and
1 ] C. T`he trail shall be designed pursuant to the standards provided in the Pitkin County Trail Design
and Management Handbook. The Pitkin County Open Space Land Steward shall approve the final
design, prior to submission of an earthmoving permit to construct the trail.
~: The deadline for construction of the ranch manager's unit on the common parcel is hereby e~;tended to
December 31, 2004, subject to continued provision of on-site housing far the manager itt the `older
cabin" pn Homestead 1 until the Certificate of Qccupaltcy is issued for the new unit.
6. Statutory vested rights fortlte approval contained herein are granted pursuant to zhe~Pitkin County
Land Use Code and Colorado Statutes, subject to The exceptions set forth in Pitkin County Land Use
I`` ll !! II .. 49955
`~~t~l ~~1~~~ ~~1~ ~l~l~.~~~~~ ~~I~~~~ ~~i ~~I~~ II~~ ~~~~ 05124!2004 04:14P
~~ 1f!
SZL4IA DRV15 PITKIN COUhlTY CO R 0.00 D 0.00
O
YIIIiO~nblY~wIYIYYYIYIII~YI YIIY VIII Iu IIY Il !lull III I I111J II I Illlul I II I III II I~ I I I I I II I ..I i ~ I I
.k+.wMn~lgwsn!wtiWlFMwww~+I~r,M.k~da~r,in uw ~. ~~~
Rcav~dvlinn Nv. _2U0~
Page 3
Code, § 4-I40 alld C.R.S., §,24-68-105. The statutory vested rights granted herein shall expire on
February 5, 2021.
NOTICE OF PUBLIC FEARING PUBLISHED IN TFiE ASPEN TIMES on the 8f1i day of August,
2003 and the 21 ~' day of .February, 2004.
APPROVED AND ,4.DOpTED on.-the 14'x' day of P,pril, 2004.
PUBLISHED AFTER~OPTIO 1 ~'OR VESTED REAL pROPERT'Y RIGHTS in the As en
Times Weekly on the ~~"~day of •; 2004.
,.; ,
~,~
L
"ATT ST:
Je?'~ette Jones, ,
D'' ¢uty Clerk and Racprder
BOARD OF.CQUNTY COMMISSIONERS
• OF PITKIN COUNTY, COI;ORADO
/' ~/~ ~ ~ y~.,///mow %/~/Jf~~~ ~' 1
Dorothea Farris; Chair •
Date: ~ =Zy• ~
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
._--~ ~ ~ .
'3ohn El ~ C4lidy Houben,
Co rney Community Development Director
Case #P079-03
P1D# 264309401001,2643Q9401002,26431020]003, 264310201004,26431D201005,264310201006,
264309t0I007,264309.101008,264309101004,264309201010
a
~..~~~~I[ ~1~~~ ~~ i 1 45955
~~~~ I{~~~~~1~ ~~~~ Page : 3 of 3
1` 11{{((1111 ii~ ~~~~~i~~ ~~~ ~~I~i~
~~~} ~~~ 8II/Zh/208
SI~VI.A pRVIb PITKIN COUkTY CO 4 t~4'14P
R 0..80 D 8.00
n:, u. - _
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITI~N COUNTY,
COLORADO, DENYING AN 'E'A:E FROM WOE3iTI''~ EIS ~<:~1GN`:TT:IIrrES, LLC OF 2005
RURAL AREA RESIDENTIAL COMPETITION FOR NEW LOTS
Resolution No~~ 2006
RECITALS
l . Lss~iic i< ~?'~i€~~cs, LLC ("Applicant") has appealed to the Board of County Commissioners of
Pitkin County (Board) the scoring by the Planning and Zoning Commission (P&Z) of the growth
management applications for Parcels 6, 7, and 8 of the Chaparral Aspen Remote Parcels.
2. The three lots were scored by the P&Z at a public hearing on October 16, 200b.
3. The lots obtained scores of 43.75, 43.50, and 43.75. The threshold score required for an
allotment is 48.
4. The Applicant appealed the scoring under Code Section 9-150-40(B}.
5. The Board considered the ail at a Public Hearing on December 6, and December 20, 200b.
6. The Board determined that the there had not been an abuse of discretion or denial of procedural due
process in the P&Z scoring.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby deny the ~?S~tl
V~ttr, LLC rid] of the P&Z scoring of the GMQS applications for the Chaparral Aspen Remote
Parcels 6, 7, and 8.
5344~'I
.Page: 1 of 2
02/14/2007 10:461
JRNICE K VOS CAU~ILL PITKIN COUNTY CO R 0.00 D 0.00
Resolution No. J~2006
Page 2
PUBLIC HEARING NOTICED IN THE ASPEN TIIVIES WEEKLY ON November 1, 2006.
DENIED this 20th day of December, 2006.
,+'
-eputy~~lerk
APPROVED AS TO FORM:
Jahn Ely,
County Attorney
P199-OS
264303201006,007,008
lancet/cases/chaparraldenyres2006.doc
BOARD OF COUNTY COIVIIVI[SSIONERS
OF PITKIN COUNTY, COLORADO
'~~` ~• ~~
Date
APPROVED AS TO CONTENT:
~9~-~ ~
dy Houben,
Community Development Director
534451
Page: 2 of 2
92/14/2097 10:461
JfiNICE K VOS CRU4ILL PITKIN COUNTY CO R 0.00 D 0.00
~~~
Woody Creek Caucus District Planning Commission
P. O. Box 297
Woody Creek, Colorado 81b56
January 20, 2007
Pitkin County Commissioners
Court House
Aspen, CO. $1611
Re: Chaparral, Woody Creek Ventares -Wilderness Cabins
The Woody Creek Caucus District Planning Commission has reviewed several
applications for wilderness cabins on the land owned by Chaparral. The last
application for additional cabins was rejected by the Pitkin County Planning and
Zoning Commission after a hearing on October 17, 2006, and a determination that
the threshold requirements under GMQS had not been me#. It is our opinion that
further applications for development should not be allowed under the new land use
code.
The subdivision of the WagneurBraun ranch was accomplished using an exempt
process by creating TDRs that involved rezoning the non-contiguous portion of the
ranch as Rnral and Remote and using those TDRs to create the development and
building rights on what became Chaparral. One remote cabin that was held in
common ownership by the Property Owner's Association, not for sale, was agreed to
during the negotiations between the original developer and the Woody Creek
Caucus in the settlement that resulted in the eventual recommendation for approval
by the Caucus. Subsequent to that, the Connty Commissioners settled litigation with
the Chaparral entity, and agreed to three cabins. Only one of the cabins has thus
far been construeted, although advertisements to sell additional cabins have
appeared in local newspapers. Following that settlement agreement, additional
requests have been made under the GMQS system for five cabins. So far all of these
requests have been denied. The settlement agreement between Chaparral and Pitkin
County allowed the application for additional cabins. We believe that that
abligatian has been satisfied and that Pitkin County should not consider further
applications for development in the Rural and Remote parcel and that the intention
of the original subdivision exemption be honored..
Thank you for your consideration of this matter.
The Woody Creek Caucus
District Pl ing Commission
v ~
[', y
CHAPARRAL ASPEN
REMOTE PARCEL
LOT 6
September 1, 2006
Pitkin County Land Use A lication for
pp
2006 GMQS Competition for Rural Area
New Lots or Parcel s
Including Activity Envelope, Development Standards,
Conceptual Submission, and Special Review
Prepared For:
Woody Creek Ventures, LLC
132 West Main Street
P.O. box 7846
Aspen, Colorado 81612
Phone: (970) 920-2112
Fax: (970) 925-5847
Prepared By:
The Land Studio, Inc.
1002 Lauren Lane
P.O. Box 107
Basalt, Colorado 81621
Phone: (970) 927-3690
Fax: (970) 927-4261
landstudio2 C~ comcast.net
00~~1 y~~~~?N
6d' ~.. :,.. i.''
INTRODUCTION
The applicant currently seeks to obtain Site Plan and Activity Envelope Review approval
and GMQS allotments for three (3) 1/2 acre building envelopes on lots 6,7, and 8 to
construct remote cabins of no larger than 1,000 square feet. This is the anblication for
Lot 6 on the Remote Parcel of Chaparral Aspen. ~ -
The Chaparral Aspen Remote Parcel consists of ten lots as a result of a Subdivision
Exemption Plat of the 371 acre parcel. The 371 acre parcel was one of several large in
holdings in the area, and because of the sensitive location, the applicant voluntarily down
zoned the parcel from RS-20 to Rural and Remote (RR) in 2001. Also in 2001, the
applicant received the Subdivision Exemption for the creation of ten (10) 35+ acre
parcels. The applicant designated lots 2,3,4, and 9 as Preservation Sites and obtained
transferable development rights certificates (TDRs) from those. This leaves most of the
parcel as open space adjacent to other larger areas of open space. The applicant
previously obtained 1041 hazard review approval and GMQS allotment for three (3) i/2
acre building envelopes on lots 1,5, and 10 to construct remote cabins of no larger than
1,000 sq. feet.
The following Growth Management and 104.1 Hazard Review Application is referenced
to and includes compliance representations of the Applicant for the information required
in the following sections of the Fitkin County Land Use Code:
Section 1-60; Land Use Policies
Section 2-30-30(h)(2): Special Review Criteria for R/R S. R. Uses, 3-40-20 (c) (2}
Section 6-40-20: General Standards for Allotment and Competition
Section 6-50-20: Standards for Scoring Applications for Residential Allotments
Sections 7-10-50 and 60: Site Plan and Activity Envelope
Sections 7-10-10: Site Preparation and Grading
Sections 7-20-20: Steep and Potentially Unstable Slopes
Sections 7-20-30: Water Courses and Drainage
Sections 7-20-40: Floodplain Hazards
Sections 7-20-50: Geologic Hazards
Sections 7-20-60: Wildfire Hazard -Mapped Wildfire Hazard Area
Sections 7-20-70: Wildlife Habitat -Mapped mule deer and elk range
Sections 7-20-80: River and Stream Corridors and Wetlands
Sections 7-20-90: Irrigated Lands for Food or Crop Production
Sections 7-30: Roads, Driveways, and Parking
Sections 7-50: Public Services and Utilities
~DOQ~Q~ ~ g~
.~ %# ~`~,
SECTION 1-6Q: LAND USE POLICIES
SECTION 1-60-10: PITKIN COUNTY COMPREHENSIVE PLAN
The applicant has reviewed the Pitkin County Comprehensive Plan and
has attempted to meet those requirements in the attached application.
1-60-20: CONFORMANCE WITH THE PITKIN COUNTY COMPREHENSIVE
PLAN
The applicant has reviewed the Pitkin County Comprehensive Plan and
has attempted to meet those requirements in the attached application.
1-60-30: COMMUNITY BALANCE
The proposed development that can be accommodated within these limits
as described in the attached application.
1-60-40: GROWTH MANAGEMENT
See attached application section 6-40-20.
1-60-50: GROWTH RATE: PHASING OF PUBLIC SERVICES AND
FACILITIES
The cabin sites will not require extension of public services.
1-60-60: LAND USE PATTERNS
The proposed cabin sites will preserve valuable open space land uses.
1-6p-70: RURAL DEVELOPMENT
The proposed development is compatible with and will not fundamentally
change the character of any neighborhood or area.
1-60-80: AGRICULTURAL PRESERVATION
See attached application section 6-50-20 c.
1-60-90: WILDERNESS
See attached application section 6-50-20.
1-60-100: RECREATION
N/A
1-60-I10: SKI AREAS
N/A
1-60-120: CAMPING
N/A
1-60-130: TRAILS
See attached application section 6-50-20.
1-60-140: OPEN SPACE AND TRAILS BOARD
See attached application section 6-50-20.
1-60-150: COMPATIBILITY WITH EXISTING ADJACENT
NEIGHBORHOODS
The proposed development is compatible with and will not fundamentally
change the character of any neighborhood or area.
1-60-160: COMPATIBILITY WITH PUBLIC LANDS
See attached application section 6-50-20.
1-60-170: PRIVATE LAND SURROUNDED BY PUBLIC LANDS
(INHOLDINGS)
N/A
..
OOOOD3 ~~
1-60-180: ECOLOGICAL BILL OF RIGHTS (EBOR)
The proposed development is compatible with environmental
sustainability goals of this Bill of Rights.
1-60-190: NATURAL AND MAN-MADE HAZARD AND RESOURCE
AREAS
See attached application section 7-20.
1-60-2~: SOIL. SURFICIAL GEOLOGIC CHARACTERISTICS AND
RADIATION
See attached application section 7-20.
1-60-220: EROSION
See attached application section 7-20.
1-60-230: SCENIC QUALITY
See attached application section 7-20.
1-60-240: CULTURAUHISTORICALRESQURCES
NIA
1-60-250: AIR QUALITY
The proposed cabin site will not adversely effect the air quality in the area.
1-60-260: ENERGY CONSERVATION
The proposed cabin site will incorporate energy conserving and alternative
energy systems that minimize consumption of energy.
1-60-270: NOISE
The proposed cabin site will not generate noise which would adversely
impact
community noise levels.
1-60-280: WATER RESOURCES AND AQUATIC/RIPARIAN/WETLAND
AREAS
See attached application section 7-20.
1-60-290: WILDLIFE
See attached application section 7-20.
1-60-300: LOGICAL EXTENSION OF UTILITIES
See attached application section 7-50.
1-60-310: ADEOUATF, PR(~VTSTC?N FOR WATER NEEDS
See attached application section 7-50
1-60-320: SEWAGE TREATMENT
See attached application section 7-50
1-60-330: SOLID WASTE MANAGEMENT
See attached application section 7-50
1-60-344: TRANSPORTATION/TRANSIT/ROADS
See attached application section 6-50-20.
1-60-350: PITKIN COUNTY AIRPORT (SARDY FIELDI
N/A
1-60-360: TELECOMMUNICATIONS
N/A
1-60-370: CITIZEN HOUSING
N/A
d
OQ0004
~;''~`t+~'"~~ F~8
1-60-380: REQUIRE THAT DEVELOPMENT BEAR AN EQUITABLE
SHARE OF RELATED BURDENS
No reduction in the quality of services, public facilities or programs will
occurs as a result of the proposed development.
1-60-390:. GENERAL GOVERNMENT/ PUBLIC PARTICIPATION AND
PLANNING PROCESSES
N/A
1-60-400: ECONOMIC SUSTAINABILITY AND CONDITION
N/A
1-60-410: CONFORMANCE WITH OTHER LAWS
The proposed application is consistent with applicable laws of the United
State of America and the State of Colorado.
SECTION 2-30-30(Hl(21: SPECIAL REVIEW CRITERIA FOR R/R S. R.
USES. 3-40-20 l C) t2)
The applicant requests approval of a Special Review use for the driveway
between the existing forest service road and the proposed remote cabin. The
driveway will constructed of gravel and will be compatible with the character of
the immediate vicinity of the parcel proposed for development and its surrounding
land uses.
SECTION 6-40-20: GENERAL STANDARDS FOR ALLOTMENT AND
COMPETITION
The proposed development does comply with ali requirements of the Pitkin
County Code.
SECTION 6-50-20: STANDARDS FOR SCORING APPLICATIONS FOR
RESIDENTIAL ALLOTMENTS
A. Impacts on Public and Private Facilities
1. Fire Protection
The entire property is rated low to medium wildfire hazard area by the
CSU maps. The proposed building envelopes are located as close as
possible to the existing roads. This will minimize the distance to be
traveled by the fire department in an emergency. The applicant will take
all the precautions recommended by the Assistant State Forester as well as
agree to those mitigation standards as identified in the Wildfire Hazard
report by Rocky Mountain Ecological Services dated November 7, 2005.
A copy of that report is included in the appendix of this document.
Additionally, the applicant will comply with the wildfire mitigation
standards defined in the Resolution of the Board of County
S
ooooos . .~F~~:~Ep. ~:
Commissioners of Fitkin County, Colorado, Approving the Braun Ranch
Settlement Agreement included in the appendix of this document.
In addition, the applicant will install a water storage tank at each site for
use in fighting localized fires within the neighborhood in the size
recommended by the Aspen Volunteer Fire Department. The applicant
will also install and internal fire sprinkler system as required by the Fire
Department.
2 point x 1= Z
2. Road System
The existing roads providing access to the Remote Parcel of Chaparral
Aspen will continue to be utilized for access to the proposed three cabin
sites. Access to the proposed cabin sites will be over existing roads
therefore maintaining the existing character of the area. Limited
improvements have been made to the roads consistent with the conditions
imposed by prior County Land Use approvals. The proposed cabin is
intended to serve recreational purposes and is not planned or designed for
year round occupancy, therefore, the cabin should not generate additional
vehicle trips on the surrounding public roads.
2 points x 1= 2
3. TransitlTrails
A trail easement has been placed over a portion of the property for public
access to the existing forest service road to benefit the surrounding
neighborhood.
2 points x 1 = 2
B. Effect on the Environment
1. Water Resources
There is no water service currently available to the cabin sites. An exempt
well will be drilled on each building envelope, pursuant to an exempt well
permit, which will provide sufficient water for a remote cabin of 1,000 sq.
ft. with seasonal use and up to one acre of irrigation. The well will be
located within the activity envelope, as required by the Code to minimized
impacts on the surrounding environment. The applicant has an
augmentation plan in place for all of Chaparral Aspen. It primarily
relates to the construction of the surface ponds. Chaparral Aspen
has imgation and pond construction guidelines that specifie
parameters for lot owners to construct ponds on the main portion of
the ranch.
2pointx2=4
. = ' a ;.' ~~. i ..
2. Wildlife Habitat Protection
The entire Remote Parcel falls within winter range of both mule deer and
elk. No defined movement corridors are indicated on the CDOW/WRIS
maps. No calving/production areas are indicated within 1/4 mile of any of
the proposed cabin sites. The cabin sites have been carefully located to
avoid areas of significant vegetation that may compete with foraging of
not only the big game, but habitat for smaller mammals, as well.
The applicant is willing to install water guzzlers on lot 6,7 and 8 to
provide drinking water for existing wildlife in the area and encourage their
use of the preserved lands.
Dogs will not be allowed on the remote parcel.
2pointx2=4
C. Achievement of Community Goals
I. Onen Snace Preservation
No agricultural lands will be disturbed as part of this development plan.
Rural/Remote zoning will prohibit development on areas outside of the
activity envelope and will therefore preserve all valued open space within
the parcel.
2 points x 2 = 4
2. Hazard Avoidance
The development area is free from man made hazards. There are no
floodplain hazard areas, no high hazard avalanche zones, landslide areas,
rockfall hazard or severe wildfire areas. Each building envelope covers
and area of 1/2 acre and does not impact slopes in excess of 15%.
Existing roadways traverse areas in excess of 30% slopes and have been
minimally improved as required by Pitkin County in order to limit impacts
to the site and surrounding area. The proposed development will preserve
99% of the total parcel size in its natural state, thus preserving all of the
native vegetation. There are no indications of noxious weed infestations.
The applicant agrees, though, to revegetate any and all disturbed areas of
the parcel within the first growing season of the disturbance. Revegetation
will be with native grasses and fortis approved by the County.
2 points x 1= 2
7 ,
3. Development Beiow Allowable Density
Because of the Applicant's previous voluntary down zoning from RS-20 to
RR, the proposed development plan represents a density reduction of 70%.
Only six of the ten lots in the Remote Parcel Subdivision will have
development rights following the approval of this application. The other
four lots have been preserved in perpetuity by the recording of sterilization
deed restrictions.
1 point x 2 = Z
4. Reduction of Visible Mass
a. Maximum Floor Area
Although the floor area of each of the cabins to be constructed will
be the maximum allowed in the RR zone district, only six of the
ten lots within the Remote Parcel will have development rights
following the approval of this application. Prior to the Applicant's
voluntary down zoning of the Remote Parcel in 2001, just one
development right could have been used to create a single home of
5,750 square feet (without the use of TDR's). Given the size of the
Remote Parcel, the land could have been put to substantially more
intense use than is currently being proposed.
2 points x 1= 2
b. Sub-Grade Floor Area
The applicant does not propose to build any of the 1000 sq. ft.
cabin below grade.
0 points x 1= 0
c. Height
The applicant does not propose to restrict the height limit below
the 20' allowable height.
0 point x 1= 0
Total Points = 24
000~~~ R
SECTIONS 7-10-50: SITE PLAN AND ACTIVITY ENVELOPE
The proposed activity envelope has been shown on a site plan map included in the
appendix of this document.
SECTIONS 7-20-10: SITE PREPARATION AND GRADING
All Grading and filling on the proposed site will take place within the defined
Activity Envelope. There are no indications (due to the lack of historical
disturbance in the area) of noxious weed infestations. The applicant agrees to
revegetate any and all disturbed areas of the parcel within the first growing season
of the disturbance. Revegetation will be with native grasses and fortis approved
by the County.
SECTIONS 7-20-20: STEEP AND POTENTIALLY UNSTABLE SLOPES
There are no high hazard avalanche zones, landslide areas, rockfall hazard or
potential conflicts with unstable geological conditions. Each Activity Envelope is
located outside of any slopes in excess of 30%. A Slope analysis, Soil
Conservation Service Map, and Snow Avalanche Map have been included in the
appendix of this document.
SECTIONS 7-20-30: WATER COURSES AND DRAINAGE
The amount of runoff from a 1000 sq. ft cabin will be very minimal. All road and
walk surfaces will be of impervious materials allowing drainage and runoff to
maintain it's historical flow patterns. The activity envelope does not include any
encroachment or channeling activities for rivers, streams or wetlands.
SECTIONS 7-20-40: FLOODPLAIN HAZARDS
The proposed activity envelope is not in mapped floodplain.
SECTIONS 7-20-50: GEOLOGIC HAZARDS
There are no high hazard avalanche zones, landslide areas, rockfall hazard or
potential conflicts with unstable geological conditions. Each building envelope is
located outside of any slopes in excess. of 30%. A Slope. analysis, Soil
Conservation Service Map, and Snow Avalanche Map have been included in the
appendix of this document.
SECTIONS 7-20-60: WILDFIRE HAZARD -MAPPED WILDFIRE
HAZARD AREA
4
O O~~~V .~ ~. yb 4•h«~'.t
A Wildfire Hazard report from Rocky Mountain Ecological Services, Inc. is
included in the appendix of this document. The Proposed building envelope is
considered "Moderate Hazard" and mitigation recommendations have been made
in the Wildfire Hazard report.
SECTIONS 7-20-70: WILDLIFE HABITAT -MAPPED MULE DEER
AND ELK RANGE
The entire Remote Parcel falls within winter range of both mule deer and elk. No
defined movement corridors are indicated on the CDOW/WRIS maps. No
calving/production areas are indicated within 1/4 mile of any of the proposed
cabin sites. The cabin sites have been carefully located to avoid areas of
significant vegetation that may compete with foraging of not only the big game,
but habitat for smaller mammals, as well.
SECTIONS 7-20-80: RIVER AND STREAM CORRIDORS AND
WETLANDS
The proposed activity envelope is not in an area near river or stream corridors.
SECTIONS 7-20-90: IRRIGATED LANDS FOR FOOD OR CROP
PRODUCTION
The proposed activity envelope is not in irrigated lands which have been used for
crop production.
SECTIONS 7-20-130: LANDSCAPE AND VEGETATION PROTECTION
Rural/Remote zoning will prohibit development on areas outside of the activity
envelope and will therefore preserve all valued vegetation within the parcel.
Access to the proposed cabin sites will be over existing roads therefore
maintaining the existing character of the area and protecting existing vegetation.
The applicant agrees to revegetate any and all disturbed areas of the parcel within
the first growing season of the disturbance. Revegetation will be with native
grasses and forbs approved by the County.
SECTIONS 7-30: ROADS, DRIVEWAYS. AND PARKING
The existing roads providing access to the Remote Parcel of Chaparral Aspen will
continue to be utilized for access to the proposed three cabin sites. Access to the
proposed cabin sites will be over existing roads therefore maintaining the existing
character of the area. Limited improvements have been made to the roads
consistent with the conditions imposed by prior County Land Use approvals. The
~n
oooo~r~ .-,.. ~~
.a ...
proposed cabin is intended to serve recreational purposes and is not planned or
designed for year round occupancy, therefore, the cabin should not generate
additional vehicle trips on the surrounding public roads. Existing roadways
traverse areas in excess of 30% slopes and have been minimally improved as
required by Pitkin County in order to limit impacts to the site and surrounding
area.
SECTIONS 7-50: PUBLIC SERVICES AND UTILITIES
7-50-10: Logical Extension of Utilities
The proposed cabin is intended to serve recreational purposes and is not planned
or designed for year round occupancy, therefore, no private or public utilities will
be used for the remote cabins. The cabins are proposed to utilize solar power with
supplemental propane gas.
7-50-20: Water Sunnly and Distribution Svstem
The project will not impact surface, groundwater or irrigation supplies as it is only
three remote cabins. No agricultural lands are affected. There is no water service
currently available to the cabin sites. An exempt well (as per state statute) will be
drilled on each building envelope, which will provide sufficient water for a
remote cabin of 1,000 sq. ft. with seasonal use and up to one acre of irrigation.
7-50-30: Sewage Treatment and Collection
The sewage disposal system will be a standard septic tank and leach field
consistent with other remote cabins in Pitkin County. Septic tanks and leach
fields will be contained solely within the building envelopes. A certified State
Engineer will design and supervise the construction of the leach fields. All State
and County requirements will be met for both design and setbacks from the well
structures. Preliminary findings on percolation rates indicate that standard leach
field design for the ISDS will be appropriate.
11
~OQ~~~ " E a-r 4~
,~ =:,~
~~~o° 1 I
L86lZZB00@t { ~
.~°°d1Q1Pa'~:~k~ ~ .te I ugsm3e
Q
LV
d
x
O
.--t ~
Q O
z~
a z`
~r
F'"
W
W ~ Q
O ~ ~
zo
a
0
Wow
Wwo
zww
~~¢
~¢~
~ ~ H i
Ada 1I
1
~ ~ ~
~a~ i
~ ~ ~
F
j W ~
I w
F W ~
'r
H ~ ~/
z !/
~ ~
0
U
U
d
.i ~/
I ! J 'M°,°~° zLaLeoo~r~asv~avecxoeoa ~ S
-{ ~sS9seacsxwtswwwo9wow taatee NltlfV 1S3M ZEL
I I St70L'RL~O t9Yt9W'99f-8Ym000W3ID~lOI L93Wl1YID11~1BL19t
~-n's3an.w3n x~a~ aooon~
I } ~ Sttww'aic~'o itaus~aJ~wo rl Oovtlo'ro~'ALN/IOO Mw1d
{ ~~ f°N{ ~ `~NI t'JNI?I33N19N3 Jl2LLNf10~ H91H ~~
rn
a~
- ~' .-' c ~ =~8
J.~ ~ ~ ~ ~~
_ ~ c ~~~ ~
N ,_
w ~ ,
-> ~ ~~
., :,, a~ k~g~
~ \ tel.-... \~i ~ ~, - Q o ~ € >i
- - _~~
__ - -,~
__ ~~
F ~,__ I_~~ ..--- ___.
~ ~~~~
S 6~
~ L~
~~~~
~+
~~
~
~~ ~ ~e~ ~
~
~ a ~;
~~a ~
"
~ W
Bg~a ~ ~ ~~
Q
p
6 ~ ~
~°1~ ~~
~
~
g
g
v~~ ~ ~~
~
< ~~ !5 ~ ~~ k'R
g
F ~ R ~
yy
~~~
i~~
$
~g ~--
~
~
gggg ~ ~A ~
~
6 gg
7
g
8
~~5~~ ~8 ~ ~~~ ~~
~~~o se ~ ~~~ ~~~ ~45 ~
~'3b ~~gN
u ~~~n ~ S ~ ~ ~~
e S
~
~
3 ~
~ ~~ ~~~~
gg33
~R a
~
~
~
g _SYItl~4 ~S~
~I
~ 4.~
a e ~.
'~ -- •'
APPENDICIES
aooo~~
1 Yom) : s~~ +'~q'
PITIaN COUNTY PRE APPLICATION CONFERENCE SUMMARY
PROJECT: Chaparral Aspen GMQS (Rural/Remote Parcels)
LOCATION: River Road, Woody Creek
OWNER: Woody Creek Ventures LLC.
REPRESENTATNE: Doug Pratte
DATE: August 21, 2006
PID# 264303207006,007,008
Phone: 927-3690
PLANNER: Suzanne Wolff, 920-5093
Type of Application: GMQS Competition for Rural Area New Lots or Parcels -including Activity Envelope and
Development Standards, Conceptual Submission and Special Review
Description of Project/Development: TheApplicant is requesting to compete in 2006 Rural Area GMQS
Competition for I~w Lots and Parcels to establish development rights for Rural/Remote parcels 6, and/or 7, and/or
8 of Chaparral Aspen. (A separate application and fee is required for ead~ parcel. Due date is
September 1, 200fi}.
Land Use Code Sections to be addressed in fetter of request (anaiication):
Sec. 1-60: Land Use Polices
Sec. 2-30-30 (h)(2): Special Review Criteria for R/R Specaf Review Uses, 3-40-20 (c)(2)
Sec. 7-10-50 and 60: Activity Envelope
Sec. 7-20-10 through 90: Environmental Protection and Natural Hazards
Sec. 7-50-20: Water Supply and Distribution Systems
Sec. 6-40-20: General Standards for Alotments and Cbmpettion
Sec. 6-50: RuralArea Residential Competition System
Staff will referthe application to the fotbwing agencies: Woody Creek Caucus, Raming Engineer
Review by: P8Z and BOCC (for allocation, if successful)
Public Hearing: Yes at P&Z for scoring. The Applicant shall post a public notice sign on the property at least
15 days prior to the date specified for the Public Hearing pursuant to Sec. 2-20-100(a)(3) of the Land Use Code.
In addition, the Applicant sha{I mail notice at least 30 days prior to the Public Hearing (by first class mail) to ail
adjacent property owners and mineral estate owners with the return address of the Community Development
Department (form 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.
FEES: $5,623.00 for each application (make check payable to "Pitkin County Treasurer")
^ Planning Office flat fee: $4,851 (non-refundable; based on 23 hours of staff time; if staff review time
exceeds 28 hours, the Applicant will be charged for additional time above 23 hours at a rate of $231/hour)
^ $50 Publication Fee (one time}(one of three applications should include this fee}
^ $310, Clerk
^ $462, Planning Engineer
To apply, submit 18 copies of the following information, unless noted otherwise:
1. Summary letter explaining the request, explaining existing conditions, providing background on prior
approvals and permits, and addressing compliance with the Code sections listed above.
2. Application Submission Requirements as listed in the "Pitkin County Land Use Application Manual" for 1)
General Application Information (pp.1 and 2), and 2.1.1) Activity Envelope (pp.3-6);
3. Proof of ownership of subject property;
4. Documentatpn of legal access;
5. Parcel desa-iption, including legal description and vicirity map;
c R.. _ ~.
OOOU14
6. Total fee far review of the application;
7. Signed fee agreement (1 copy);
8. Consent from ow Her(s) to process appication and aphorizing the representative, if applicable (1 copy};
9. List of al! adjacent property owners and mineral estate owners {1 copy);
10. Copy of this preapp form (1 copy)
NOTL'S:
- PLEASE SUBMT ONEUNBOUND AND ONE-SIDED COPYOF YOCR COMI~ETEAA°LICATION. PLEASE
SUBII~T TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSS1BLEj.
THEPARCEL lDs SHO(RD BEINCLUQED ONALL DOCUMENTS INCLULIED 1N YOUR APPLICATION.
- ALL MAPS SHALL BEFOLDED.
- This pre-application conference summary is advisory in nafure and not binding on the County. The
information provided in this summary is based on current zoning sfandards and staffs interpretations
based upon representations of the applicant. Additional information maybe required upon a complete
review of fhe application.
i~ ?g °;
00001
Chaparral Aspen
Rural and Remote Parcel 6
Adjacent Property Ownership
Bureau of Land Management
Department of the Interior
50629 US Highway 6 and 24
Glenwood Springs, CO 81601
White River National Forest
Department of Agriculture
806 West Hallam
Aspen, CO 81611
Woody Creek Ventures LLC
C/o Clark Lipscomb
132 W Main St.
Aspen, CO 81611
00006
~~
Legal Description of Parcel
Lot 6,
Chaparral Aspen Remote Parcels, according to the Amended Subdivision Exemption PIat and
1041 Hazard Review Site Plan recorded in the real property records of Pitkin County, Colorado,
on December 12, 2002, in Plat. Book 66 at Pages 75 through 77, under Reception No. 476017,
County of Pitkin, State of Colorado.
0~0~~~
OCT. ~~, X000 5:25PM FREILICH MYLER LEITNER CARLISLE Nu. 1-34 ~. .j ,
a~~~~. ~
~ l~~1~~ ~~~~~ ~~~~~1 ~~lil ~~1 ~1~~~~ 11i~l~ ~I~ li1~~ ll~l !~~ ~~~~4s ~~~~
~4f2348 04114IZ0~~ 0a:23P ST*E~ wa BAVtS stLYI t1~S~ 4EC~i~R1iD1~ RE~ESY~ ~$I~~J
i of 9 ~ 43.00 D 2300.08 N @.@0 PtTKxN ~O~1HTY CC .
3AL W~~?'~-1~'~"i' L1EED
THIS SPSC~ WAS'•R7aNTY I?F~D, made thi e 14th day of A~rz~.Z, 2 t~ 0 0 ,
between William Srau=r., csf the County of F~.tki~s. ~.d State of
Coloxada, Grantor, and Waady Creek Ventuxes,~ I,x,C, a Calorarlo
1.3.rniCa$. l~.abf licy Campax~y, whoss~a ~,egal address 3.rs : c jo David ~tylcr,
StreetP ~uit~2fl2 YASpenreCo~.oi"adoCS1611~eGraritee, lab South Mill
wITL~7ESSETH, that the Grantor fc~x and a.n consideration. o~ the
mourn of T'en ancZ ~IojiOO Dollars {s~.o.oa} and other good and valuab3.e
c~sideratiorc, the receipt and suffici.eney of which is hereby
acknva.ledged, has granted, bargained, ao1.d. at.d conveyed, and by
these presents does giant. bargazr~„ se11, cp~svey and confirm, unto
tha ~-,~ntee and Grantee ! s aeigus fOx"eV'~', all thasid eirgr it~etha
3.yx.~ag 5
together with improveme.ncs, if an1r, situate,
County of Pztkin ai3d stat8 of Colorado descr3.bed Oxi Sxhi.bS-t "A"
attached. heraatl.so knowm.cbyst~eet and numb r a.s •• x0331 Woody Creek
Property 7~
Road. Li`oody Creek, Colorado SZ&56 _
EXCEPTING THEK~FROM,; an approxiuzaze~-y' ~5 acre pa~cce~. kxaown as
'the Braun Subdivis~.an described cui the p~.at theret+f r$~~d isr.
Plat Book 41, Pages 21-22 of the records of pitkizi CaunC'~r tthe
nReta~,rsed parcei° } , wh~.~s Lreservatzanl 3.s seonsa.s cenC Ywith uthe
frarn 'Che pXOperty-.RStais~.ed Parcel from the legal descriptiozz
excluei.axi. of the the cite Lion
(EX~iibit A) aGtac C6 of the R tainted Parcel certain P
from this convsy~
AND RESERVTNt~ T7NT4 GRANTOR a utility easetteziz fax the
p~.aceTnent, i.a uti2ityclinee~aud~aci~aeS across~ancl ,~zu.a~ a she
and. elects
Property Said easement is locate
to serve the Resezved Parcel.
a'nywh+~x.~: wi.th3.n. the Property except m~,thiu the buiZd3ng envelopes
designated on 'the first filed subdz~c-is~.cn sP vine oared farr3.~.ities,
pravidsd, howe'v-er, Ghat with respect to ~
the eas3eatenL may ~cxoach 1AtD buildi.xtg envelopes if neagsl3sta ax
connect said gas l~.nes attid. faai].it3es to att existinS S
main. Tree ,~ ° the ReeerveduParceleshal betas de ~arm~.ned bYlthe
taciliz3es S azzd e~,ectri.c u.ta.l3.ty
utility pxo~rider _ At such time as both ga
extezs,eiozl6 co Ilia Received Parcel have beers. completed, the saeietn+ent
s~r'ith xespeaz to each cf ~sa.id cax~strtizctecl ,,tt3~.iGies ;sha11 be ~.wenty--
fiv~e feredinsurve a~ a d~r ~ rd d by nC~xant r eyrhzch Apart ~11.y
xega.s t Y
releases fpm. ~gsescservatit~xa. is lpteud dto ~.T-laar f r marewfth~-
foo'C easemsTtt gtir the extensi~ of bath gas
oue Gaseinent aligameast a.s n.+tcessary _
aTd elctiau of u~ 1.~,ties a'c the sau[8 time or at edif~ ~utoLjme9~
coas'cru "such as ast electxac
~~zotnary above' cgrs~taxs.d vtzlity facil.i'tzes,
vault ar gas lizza azub, 'c*a~.ve or m~tcrr ehs~.,1 be perma_tted to 'Yee
ooools
~~•j, ~~, 2~Q~ 5:7~Q~ FKEI3.lCii MYLEK Ltl G14kK t,RKl1Jl[ irv. v~~r ~, ~r #
9423d~ 0~11241Zf100 03:23p SPED ND DAVZS. 53LYx
2 o F 8 R AS . ~f3 D 230D , 00 #~ 0. @@ PI't'iCIti DO[l~TY CO '
planed above ground withits the easement, however all utzlity 3.irres
sha.31 be planed underground. Graz~zox shr~I.I gzade and zevegetate ang
axeas di$cuxbed by h~.s use of the easemsx3t wi.thiu a xeasunable time
after such da.sturbance, seascma3. caadi.ciox~s gertnittixtg. Grantor
also xeserves the ~.gYtt to gc across the Property in a reasoaahle
manner and at such rea~enable+ times as mecess~ary to access tl~e
utal~,ty easements resex~red 'hereby
TIE PROP$R1`Y ~6 Ct21~T'VEYFI} TOGETHER with a13. and $~.ugul.ar the
hereditamei2ts and appurtenances thereto be3.ongirlg, ar is anywise
appertaining. and the reversion and reversions, rernairader azzd
remainders, renter issues and profits thaxecf, ax~.d all the estate,
right, ritxe r iutexest r claim sad detaartd whatsoever of the grantor,
either in. law or egu.ity, of, in and to the above bargained
premises, w:i.th the herec~.taments aztd appurtenanc~a .
TO HAVE .AND TO 'I~OI,D :. C~ said premises above baYgairt8d and
described, wash the appurtenaztaas, US3to tl~e Gxail.Gsa, Grant+ae ~ s
assigns forever_ And t~xe Grantor, for Grantor axill Grantor's
personal representatives, does cavertant, gx'aur; baxgait~,, and. agree.
to acid with the Grantaa, and Grz~xttes ~ a assigns, tihat at they rime of
the ezeseal~.sig axed de3~,^v'erjr of thaee pxe,sexstm, C3r$ntor- is well
geiaexi of the premises above, vonveyed, has good, sure, p.~zfact,
absolute and ~.ncZefeaaihle :estate afi inheritance, in law, 3.xz fee
simple, a:ad has .good -right, full power and lawfv.7, authority to
grant, bargaa:a, sell and cvxxvey the estt~ .ixi t~alzner and form as
aforesaid, ,and that the same are free and clear fxom a13, former and
ocher grants, bargains, sales, liens, taxes, assessments,
encus~cbranoes au.d reatrjr.ctxon$ of whatever k3zid ar z3atuxt- soever,
aXCept as set forth on Exhibit ttB" attached hereto and ~.naorporated
hexein by this xefexeA.ce_ - ,
?be Grax~.tor shall and Wi11 WP.-R3~~fNT At~TD .tuts.~v~rc DEAD the
abrne~baxgained premises i.ir. the quiet az~.d peaceable possession o£
the Grantee, and Grantee * s aa9igxts, aga3n.st all axial, every pexson ox
persoi=s lawfully ~I.aiming the whole ox arilr part thereof by, through
or uzider the Gxantox'.
As used hex~ia, the `singular number sha~,Z ~,rtelude tYfc plums.,
the p~.uxa.Z the- ~ sis~guiar, and the tisc of any gender eha~,Z be
app3ic3ble to aa.l genders.
TN A1I~'NSSS WHEREOF, the Gra,s~.Cor has executed th~,s Seed on. the
date aez Earth above.
j~.
~rANC ~~,u~r
.. .r <
IVU, Ui4 • ~`. ~ ~
~~~,~~ ~44D ~;~~pM FREILI~H MYLER LEITNER ~ARLISIE
1 ~~~~~~ ~~~~i ~~~~~~ i~~~~ ~t~ ~€~~~~ ~~~~~ ~~~ ~~~~ ~~#~ ~~~~
44'2348 m~41tkl200H 03:23P 5PE~ i~D BRVIS S~LV2
3 04 g R 4'5.00 D 2300.00 N 0.041 P2't~CxN ~0lW7Y CC
~TA'I'E CF COLaR1~DC~ :)
. ~ )~ ss.
nnrnrnv P1'G+ TaTTTC'CN
vv-The foreg~aing instrument was acltnavtledged before the this
day of April, 2040 b~' TrT~.lliam Bxaun.
WIT~7ESS my hand az~d seal . - • ~~• .
f~NtT~.7~ ~~ti,~,st° c uu+~~.~.
My commissiaxa expires:
Notary o •~~~ ~ ~ ~ ~"
r
,, .
~r
1•
- 3 -
.S s { s
~~,Y, 3~, ~p##pp ii~:26FNf jjFREILI~{{HIIll MYjjLiiER ~IEITNEki t~`A(tCiS~t _ ~v. v~~+ r. U ~
44734lt 0~i/t4/2004i. 03:238 SAt~C WD ~gYiS SitYt
+1 of ~ R X8:08 it 2300.88 N @.0a i'1T)<xN COtIl1~TY ~0
EXHi$~T ,.~~;
L£GAL DESCRIATIt?N
PARCEL!
Ail that part of Lots 2, 3, 4,12, 17, 19, 2fl and 21 t7f Section 9. Township 9 South, Range 85 West of the 6th P.M., lying
Easterly and Southerly of the following described line:
Beginning at the West Quarter Corner of said Section 9, thence S. 68 degrees 58 minutes 16 seconds E. 822.41 fret to a
fence comer as constructed and in pfac8;
thence N. q3 degrees 40 minutes 16 seconds W, i 448.40 feet to a rebar and cap in place along said fence;
(hence N. 23 degrees 14 minutes S7 seconds E. 385.83 fleet along said fence to a rebar and cap in place;
thence N. 7g degrees 44 minutes fi5 seconds E. 111.31 feat along said fence to a rebar and cap In place;
thence N. 30 degrees 51 minutes b9 seconds E. 54g.g4 feet along said fence to a rebar acid cap In place;
thence S. 43 degrees b9 minutes 3'1 seconds i;, 192.07 feetalorsg said fence fo a rebar and cap in place;
thence N. 30 degrees 37 minutes qs seconds E 718.13 feet along lair! fence tc an old iron bar found in place;
thence 5.3g degrees s6 minutes 49 seconds E.' 83.72 feet along said fence to a rebar and cap in pieces;
thence S. 49 degrees 17 minutes 44 seconds E 694.62 feat along said fence to a rebar and cap In place;
thence S. 65 degrees a3 minu[~s 21 seconds E. 18q.54 fast along said fence to a rebar and cap in place;
thence S. 79 degrees 01 minratas 31 seconds E 94.01 feet along said fence fa a rebar and cap in place;
thence N. 87 degrees 06 minutes 35 seconds E. 528,36 feet aloctg said fe»ce to a rebar and cap in place;
thence N. S9 degrees 33 minutes 19 seconds >_. 268.89 feet along said fence to a rebar and cap in place;
thence N. 45 degrees 41 minutes d7 seconds 1^ 658.28 fee( along said•fence to a rebar and caQ in place;
thence N, 3t degrees 4y minutes 40 seconds E. 4ta4.41 feet along said fence {•o an intersection with a fence as constructed
and in place.
E7CGEP7 that portion conveyed out by document recorded December 22, 1977 in Bank 34t? at Page 851.
PARCEL it
Township 9 South, Mange 85 Nest of the Bth P.NF:
Section 9; Lot 1fi and the Ni= 114 Nf" 114 _ _
Section 1 q: lots 1 Q and 11
PARCEL i!!
Lots 7, 8 and 9 in Section 9, Township 9 South. Range 85 Wes; of the 6th P.M., and that part of Lots 3, 4 and 6 in Section
1 q, Township 9 South, Range 85 West of the 6thi P.M.,.iying l~tortilWesterly of the following descrbed line:
Beginning at a paint or< the South fine of sold 5ec~'son 8 whence tha came!' common to Secfiorrs 8,1 t}, 15 and i 6, rawnship
3 South, Range efi West of ttte 6th P.lbl., Dears S. 89 degrees 10 minutes E. Sq.9 feet;
thence N, 10 degrees U minutes E 2$t3AtJ feet;
thence N, 't9 degrees 3fi minutes E 471.i)4 feet;
thence N. 36 degrees ti8 -zunutes~~ 12'l7.Q0 feed .
trtence N. 4fi degrees 19 minutes E. 548.00 feet;
thence N. 34 degrees 01 minutBS E, 524.2 feet;
thence N. 4Z degrees 22 minutes i:. 705.Oq feet;
thence N. 38 degrees 1a minutes E. 16t3.0o feet and thence N. 52 degrees 33 minutes E 512.Of}feetto the North sine of
said Lot 3, easetnsnts described In Docuatent No. 109920.
PARCEL N
Township 9 South, Range 8b West afthe 8th P.M.
4C~.30.240~ h:'l6Nl~ rKtl~t~r! mrL~rc ~ci~i~« ~n~~~s~~~ ,,.,. ~~~ ., '
Section 9: Lots 5, 6, 1{} and 11
Section 16: Lars Z, 3, 5 and $ -~ ~ ..~
Ail of the above riescrif~d tract of tend was originally patented as the S 912 SE 114, NW 1I~F SE 1t4 and SW 1t4 NE 114 of
Sectfcsr+ 9, Township 9 South, Rsnga 8S Wesf of the 6th P:A~f.
EXCEPTING, however, ati that part tsf Lots 2, 3 anti 8, Section 16, lying Saufh arrd West of the Denver and Ria Grande
right-of-way and a{so exceRtfn~ that portion of L,ot 1, Elam Subdivisiot> (ylt~g with9n swbjed property.
Section 9: Alt that part of f.at 13 lying North and East of the Denver and Rib Grande Raitroad right +1f-Ytay.
PARCEL V
Township 9 Satoh, Range 88 West of the 6th p.AJI. .
Section 9: Atf that Bart of Lot 15 tying Northeiiy and Easterly of ti'te Denver acid Rfo Grande f~ailroad tigi~t-of way.
PARCEL Vt
Township 9 South, Range 85 West of the 6th P.M.
Section 3: tots 1, 2.3,4and5,SW114NE1t4.S112NW114
EXCEPTING FRDM THE ABOVE: i3RAUN S[}gDiViSfON, according to tEts Fiat thereof recorded December 26, 1896 in
Plat Baak 4't at Page 2'l.
~ ~~~~~1 ~~~~~ ~~~1~~ ~~~~! ~~~ ~Tl~~~ d~~11 ~f~ !~l~l ~~la~ ~~~
4 2346 04~t4~,2000 es:x~p SPEC i!G aavl$ sILVt
'3 9f 9 R 43.08 t? 7~0~.rDe N 8_ia0 AI7K'IN COUH?Y CO
:~: *..
oaooz~ ~,_, ~,
~CT.30.Z~OQ ~:~bPiN fftEILICN MYLER.LEIi~tK CARL1S~t r~~.u~~r ~. ~,
~ ~~~ill ll~~f t~~~~i ~~~~~ l~l ~~[t~~! ~ll~~~ I~~~1~I~~~~lll li~~
#42348 04l~~i120@0 03:2;iA SPEC ~ D~iVSS 526YI
~6 of 9 R 4~, 0Qt D 23@0.50 N B. 00. PITKtN C4l~NtY Ca -
Exhibit B to Spacial Warranty Deed
~„ Taxes and assessmeat'a for the -year z00o and subsequent
years.
~. Right of the proprietor~of a vein ox lode to extract or
remove his ore therefrom, shnu3d the same be found to penetrate or
intersect the premises hereby granted as reserved in.Una.ted States
Patent recorded December 2, 1894, in. Book 55 at Page S3.
3, Right o£ the proprietor of a vein or lode to extract or
remove his ore therefrom, should the same be found to penetrate or
intersect the premises hereb~r gr~ Baok 55 at Pa ei179na.ted States
Patent recorded Ju1.y 25, 1910, 3
~ . Right of ~ra.y for ditches or canals constructed by the
authority of the United States as reserved in~Urzited States Patent
recorded J'ulle ' 1$, 1923 in Book 159 a.t Page 245. -
5. ,Right of the proprietor of a vein ar lode to extract ox'
ze+move his ore therefrom, shouJ.d the same be found to penetrate or
intersect the premises hereby granted as reserved in United States
Patextt recorded February 3, 3.986 in book 55 at Page &3.
6 , ~ Right pf the proprietor of a Zrein ar .ode to extxaat ox
remove his ore therefrom, should the same be found to penetrate ar
intersect the premises hereby granted as reserved ~.n United States
Patent recorded July 26, 1901, a.n Baok 55 aL Page 99.
7 , €tight of the proprietor of a vein ar lode to extract or
remove his ore therefrom, should the same be fouzsd to penetrate or
intersect the premises hereby granted as reserved in United states
Patent recorded January 8, 1947, ire Book 171 at Page 207.
g, Right of way foz' ditches or canals oonstxucted by the
authority of the United States 33 reserved iz~ United States Fatent
recorded +7anuar)r 8, 197 ixz Bvok 171 at Page 217,
g Right of the proprietor of a vein~ar lode to extract ar
remove Y1.is ore therefrom, -should the soma be found to penetrate ox
intersect the premises hereby granted as reserved in 't7~,ited States
Patent recorded August 2;7, 3.890 3.n Sook 55 at Page 12.
14. All rights to any and alt maLaxials, ore a~.d metals of any
kind and character, and all coal, asphaltum, oil, gas azic3. other
like substances in or under said land, the rights o€ ingress"and
egzess for the purpose a€ mfz~ing, together with enough of the
surface of the same as may be necessary for the proper acid
Convenient wor3~izsg of such minerals and substances,. as reserved ~
Patent frattit the State of eo~.orado, recorded June 25, X937 in Book
16~ at Page 585.
4
OOOQ2~ ~ -~
.. ~ .- ~.~
' ~~~. 30. 2Q~V i,:i~~M PtttkL1~C1 IYITLCt•'Lllll~tt~ ~niti~+v~~
1~~1~t~1~~1~11~ X41 t~~~~~ll~l~~1~11~~1~~~~1~11~
[ 5~~~~ ~
~i4234~i m~iia~2ama 5~3:23P spEC ~ gpvis
~~ PITkSN ~CpUNfi' CO
~af9R4~.00D~3PPl~410N~. .
Zl , Right of the proprietor of a vein. or lode to ~ et a~ ~
remove his ore therefrom, shouldanted asez sereeddinoUnited gc.ates
intersect the premises hE-.QhY 4
Patent recorded Febzttar'1 xi, 1.909, in $ook 55 at Page 1.70 - -
Right of . waX for dytches or cana3.a cpnstructed by the
~'2" of the United States as reserv+d in UYxi.ted StatQS Patent
authority ~ e 563.
recorded Ilecembe=.Z3, 1951, in Soak 175 at ag
thQrinm, ar arsy other material which zs ar may
13 _ ~,.I.i uranium, essentz3l to the production of
be deter~.ned to be pecu3.iarly
fissionable material as re~75 as Pagen553~ States patgxit.recvrdad.
beceTnber 13, 1.gS3: in Book
s and other mirl.eral
14, Undivided Z/2 interest in ail.-oil, ga
rights, as reserved by Daniel. A. Mcphersan in the Deed to Fred J.
Hangs recorded April Z7, 1.953, in Bank Z76 at Page 607 and any'and
all aasignments.thSreof or interests therein.
Tasement and right of way far electric transmiasian }.uses
T5+ Sullivan
Inc. by
a5 granted to Co3.carado ITtE Electric AsSOCla~io1964 in Bock 205 at
vagneux in the instrut~ent fa]e.7~owan~ d scribed gropertY : A1.1 that
Page 364, affect~.ng Eleven {1.x} , Thirteen {13} , ari.d Fifteen (15}
part of Lots Ten (10}TTownship Nina South {T9S}. Range Eighty-five
of Section Nine (g}, al Meridian.
West {R85A1? of the Sixth Princip
Easement and rig~'it of way for electrical'txansmissiSu].l~.van
16. TnC. by
as granted to~Colorado Ute E3.ectric Assoc~.ativss, 195 in Hook 30I
vagneux Estate in the instrument reco d sd r1bed property: A parcel
at Page 3t7'~- affecting the following ~ South. Raxlge 85 '4~est of
of land in S~etions ~ and ls, Township
the 6zh Pri,ncigsl. Meridian.
Easement and .right of way f°r electric traYSSmiasiaa lines
27~ rRC. by vagrieuz
as granted to Colorado Ute Eleatxic Associat st ~.2, 1976, ire BaokA
Ranch Gamp~Y in the instrument retarded ~ d se cribed praPe~~':
301 at Page 781, affecting the to3lawing g South, Raxage 85
garesl of Land i.n Sectior~ 9 and 16, Township
West of zhe &tYs Principal Maridiars.
1g. Easetttent and rights-of-way for the following rOSdrecorded
Creek Toll Raad as disclosed by_document
A, ~+7oa{3y e 1g and recorded November 21.,
rTavember 12, 1901 in Bflak. 73• at Pag
e 327.
1891 3.n Book 93 at Pag document recorded
B, Road.aa.conveyed Co County of Pitkin. by
1926 Sri Book .x57 at Page 2g0.
Nov-e~uyer' ~ ,
C, SCOtt Road azz9 2 in Book l3 6 atd Page 1,38 used by do>/ezrlerst
recorded Jazzuary - - 1
r~ ,/ .,~ , . ~ .
UOUnG'!
OCT. 34. 200 ~:26PM FRE1LiCH MYltit 1t11NtK tiK~~tai~ rvU. v~~t r. rv
{ ~~~~~1~~~~ ~1~~{i ~~1~ X11 ~~~[~~~ ~ll~ lllll~~1 ~~~~l~~~
a~42348 0t~i4rze00 ~~:23P SrE~ ~iD 'DpY1S S~Lyt .
8 of 9 R 43,0Ef Y5 2300.@~ N 0.00 pITl~II~ Ct}UtiTY CC .
p, Road as Conveyed to Geoxge Rohrbaugh in document recorded
OcLOber 2, 191.3 in Boak 154 at Page 3.49.
E. Road as corivayed to Pitkin County in document xscorded
January 3 , 193.8 ir:. Book 7.5 6 a.t Page 41:
F_ Aiagon read as resexved to Su'ZZivan Vagneur irs document
recorded. March 22, 3.944 in`8ook 166 at Page 26I.
3.9. Easement anr~ right of gray for the following ditches insofar
as they tray affect the subject property': Waoo Ditch, Dry Woody
Ditch, Salvation Da.tch, The Bourg and C3.aveZ Extension of ehe
Salvation Ditch, D~Avignon Ditch, Iiarmon Ditch, and Clavel hitch.
2p. Terms, renditions and obligations of Easement Agreement as
granted. to Wy].and Kitt3.e by Vagneur Ranch Co. recorded Febxtiaxy 23,
3.987 in Book 530 at Page 98.
21. Easement and right of way to construct, recnustruct,
repair, maintain .anzl. vpexate an electric transmission or
distribution. lines as granted to Cols~rada t7te Electr3a Association,
Irzc, by Sullivan '~7agueux aA the instrument recorded January 7, 1964
in Soak 205 at Page 365, affecting the following described
p~perty; A patrol of land located in Section 1&, Toomship '9 South,
Range 85 West of the bth p.M.
22. EasemeAC and right of way to construct, xeconstruct,
operate, maintain and remove an electric transmission or
distribution line as granted to Holy Cross Electric Assoc~.atzon,
Inc. by Clayton L. 'V'agneur, as Trusta~e of the Clarice J. V'agneur
Trust in the instrument recorded July 17, 1851 in Book 41.1 at Page
422, affecting the following described property: Parcel of land
located in Section 16, Townnship 9 Sauna., Range 85 A'test of the 6th
P.M.
23. Easement and right of way Ca carxstruct, xecoja.struct,
Qperate, maintain and remove an e~.ectric transmission or
distribution Zirie as granted to Holy Cross Blectx5.c Association,
Trac. bar Clayton L. Vagneur, , as Trustee of the Ca.arice J_ Vag~.eu7C
Trust in the instrument recardeci October 3.4, 1981 in Baok 415 at
Page g28, affecting the .fallowing described, progeny: Parcel of
land located in Section 1fi, Tow.nsh~.p 9 South, Range 85 Walt of the
6th P.M.
24. Easement and rig37,t of way to construct, xacoristruct,
operate, maintain and:.remave an electric transmission or
distribution iizie as graiated: to Holy Cross Elactri~c Association,
Inc. by Clayton Is- Vagneur., , a5 Trustee of the C],axice. J_ Vagneur
Trust in the instrument recorded September 23, 1982 ~,rx Scsak 433 at
Page 66, affecting the following described property: Paxcea. of land
?.orated in Sect3.oza 3.6, Township 9 South., R.aFSge 85 West oaf 'Che 6th
P.M.
6 -
000025
pCT.34.2b00 5:2bPM EREILICH MYLER LEITNEK CAHl1~LE -uu•v~~ r. ~~
2S , Fasentertt and right of way to construct, xecanstx'uat,
operate. Trtaintain and remove an electric transmission or
distribution ].in,e as granted to Holy Cross Electric ~gociation,
Inc. by' Wz].liam.~ravn in iustxvrnent regarded descb b d ~ro9erty
Book 575 at Page 964, affecting the fol2owixig I~ P
A paxcel of Zand Iocat~d in Section 9 South, Range $5 west of the
nth P:M.
26 _ Terms, oondj,tious ~ provisions and obligatiozts as set forth
in Cooperative Agreetcteat for Permanent 7?amage Prevention 8encirig
recorded December 5, 198$ in. Book 584 at Page 3.
~7. Terms. aanditions, provi.sioc.s, obligations azui a3.~. ma.tters
as set fo ctob r 22~ ].999 as Reception No. 4369t14 at Resolution Nos
recorded O
99-42.
~ ~l~~~1 i~~l~ ~~1~1~ I~~~l ~~~ ~i~~~! ~1~~~ ~~~ It~~ ~~ ~~~#
~~~~~ e~.~¢»0~ ~:~ Sao ~ ~,~~ ~~~
s ~~ s ~ ~,ee ~ ~o.aa N e.vla prrxat~ couxrr co
- 7 -
00002+
l ~
lttustratton 1
Vicini~v Map
c hap~- r ra ~- ~~~eth ~~~ u~c ~PP~1 c~cr4-~
-Prepared by_ DESIGN WORKSHOP, lNC.
Jufy, 1998 ~
I ! //~
`CF' 1,000' 2,000' 4,000'
aoou2~
`~, ~„
... .~,'
v~
- ++. hh
/1.! '' c~ : ~§ 'a~~`~ ~ ~b¢~..~~~ ' ~ ~ ~Yg~e- T: ~a4~$' ~i63~~'3s', ~gan.sa ~~ c .
r:~~~ § ~ t~ ' ~` ~ `~ 4 ~.. a ~~ a~s:.
~a ~ E~x& r~~ 3` af. Y 2 a~~s". a 5*~ s ~~ ~° i e~ [~ `. ~+ h X° ~: ~
[,~~(J~j 9 58 x z.~ ~~. _ ': @ ~~ yn E.::33EEs s ~'~ $ yY S
•,. - _ :.~N.. .3 32~i~~ ` Eib~ :~~ ~Y _~iF ~y~ggsx:_'~~ ~~b~~ ~g~a~t6a~~~; E5~~~.S~. ~~? ~ ..~_'~'
~.~:~ - .~•$ u~.by.&.: ~ cE.E a i FE _.&Yex'~Qy_ ~ .. "~s~'- .
~ egef e e§4~~'.~ g. ~j4~~..pp `q~~ x~~g~~ ` ~tt Y~_ eg~'T ~..~~gg ~t qq~ ~ :: x .~•
- ~~ ;,~~ B~ - :YY .a ~L ~3 ~ 9~LP ~J8 a ~ adY~'.i 2a
- ~E : ' ~ ~ si ~'e s s .~s@a:~~~'~ E ~~b Dg~'~'` ~3.@ ¢. ~ E . ~.v
,~..~_': ~ b Y.~ ~C~~~ ffC ~~$F :': !. E ~~ 1S. E~. ~! ~~'EQa~ ~6 • P ~ E $ E' 6' ~ ~' gg~ =H:..
- :Aa Y ~ ~-•~.`:..~; , ~'' x,.333 qg a a,~ t ~~: _Y. ~~ x~~~'. ~.~ @e ~•r..
~, ~e a ss E.'a ; na s ~g~ E@gg 8 j~igq`~ §- a ay e.
_.. '~qq~:; ~E~':p@c~@€ ~i'':'~~$a~i~gg~sa8'y°~gg ~5YP '~$ gd.,~~~~h&$~ ~Egg x{~ ~~ c3 ~~gE~.', t
ppw ' :~~;., fit'yFA0 S =' $ s` a SsT ' 5i.,.EE. X`~~ ~' S {aa ~' ..
Y iEX 6 ~. b E Q~: a YY~' s @ d6 ~. Cy a
.. C ~ ~ g{ ~ E..ppyg~ q, _..}R fi' q3 a ~ { x ~ .. ~s~YY
' .. ... ~ b~ sg'M:` B ~ Y` ~ Ydff'.~d .~etY F ~SS3~ gi~3'iy'~~ ~ 4 ~C-y~~ ~ .~ ~ '
. iY~ b s ~~~4${ 0C ~M » ~~~ ..Eg w€~$Ei9 . ~s 4~^5YC-~3%a .~ S, Y<
<n~ ~Y •2 i5; X ~ ~ : ; 66
'~ ~ ...
,. ... ~ ~ 1
' - I
... .
Q' F .
w .. - ~ _ .. .. '
_ ~ - ..
Z C1. ' -: .. - ..
a v~4<C- $5
9g W ~~~G~ .. ~a ~C8 4p5 ~ y,~~~' ~ as ~~x ~ Q $ . I
~+ \~U $gk~~~a g ~' ate" kfj'~~ \x$ W gr, rya .
a p .yw~ . .. _ Fkh~iE~E'~~ .~ @ S~x - z i~e19 .
o - II d
s8 ~ &;
~ (/~ ~w~ ~~~ ~~Y~b~ss~yl 4KK~~yy~9 ~ e O E
Q W ~. ~ ~ ~~A~~~CS3 sE ~ YBara" U
~ Z CcI ~.: ' ~ t
~C~O M
~~ ~ 0~.2. - .. - ~ -
-., ~ '~~U .. '
~~
~..
..
~ , ..
V1 .- ' ...
. p .,. ~ -
_ .
'. .. '..
_. _
7 b n '
~' ~ .. .' -
' i4ii'tii:ii 3~~n ESQ...
_. ~ 66 tt
C ~ 2 7~ C b~ '~a$~'a 3'~ n ~.
'.. -
@~ YY a5ggb } ..3
$a~ ~ xR y y
ix ~ - en~~
- b. _ g
Tj ~4 x 5 ~ d - f c ~ ` ~~a~~ ~x ~~'~ age ~
~~~~. t
.. _
~..'.. ~a€ E~
,. a
~ F~
.. .. _ ~~$Y a n. $'~" a@'a~~$ a Y~ ~~
. .. .€ v ~ ,~s ~ -
:. ~ :.. _-
::.
. ~ .
i r ~ ..
': a :.. a. ~' '
b ~~ t yy yy Y ..`g h b ~''[ d b 1 a 6E aR 44~ YY b AYBppp ~~ ~Y 8 ~~Y~ a
E ~ 6, ~~ 5'. ~~ E °~ Y g~3^§ ka .. .~ ~ ~ } A ,~bg •y~y ~:. 33k 3h~~ 6 ~'a~Y3'~ ~ ~~ 8.a~ h ~•
{~ ~ ~a~ ~ .n & 99 3 .: § e~ .z~,. aa~~$e-.. r"g. ~ y~ g .p~ dI § CC9'qfi6~~g. X~ ~%~ia=£<~ ~ ~',_$~ - J~~'~aYab~`~~
~ ees ! ~. ~ -t Y g b~a ° $ ,~ ~ . €~ 3 ~-p<$ p~.:.. a £' & ~Fg Y~ pY p $_` 8-
((''pQ' p Ems~;; pp- '~tl~ p ~$$3 RvF:S3p~.. - 9 y °~~a ! R~ i~$~ l.tr p»J @ ? x AS~.tE p3~q•" _ i '~"~~.^*kaa$
• €R$'~ ! a2 QAE4E' ~_ 6Y ~~ y¢Gq ~ ~:3EpF F.. £~ ~. p P<" ~ PC&: 8~'~ .-.... E~ EY RL RR Ck. ~. .1 S~ YR R~ ~< -
- .~ '~e •.Ap .Y=!^~ °-«~C '.8 -¢~~~=g$ ~~ _"BCby~s~~ ~ q~~'~ ~ . . ~ . p~`4~re~. '8~ 8y 7~.h- ~~ ~FD~"}`s~... ~S 8k~.~~~: . ~ °~adE~~ah;7t
$ -s...as "$"-ar.~CaC ar Yn8`~d ~gg ='~^E~s$e ig „y'~$~e R$ S~Y3i ^bk 6~~~$.' ~6.'~~tiq~~~y~ ~c ~~3$+£c~' -$ ~§YYa$$~g8
,~ ~ .~a~ ~~ $~~'. y~5 ~~ a'gg~~a' K9 .k~+yrYra " ~9g' ~"'~.Y~$ ~~ " "3'a~a~ ~£ gaY e ~ kw Sot :. by ~ ~ ab~g'r a
ta ~-s g i ' ~3 .. $a ~~' $q b. ~»3$3a~ b R }Yb b ga Mb~Y~-: ~Y` a ~~~~_$~°aa
£Y g~ $ YY~ $Y$g $~~..g $ $ R a aa..~ p $n=any- ~a.'~ ~a~ ,;~ y~'Rr @. '$a 'p8~b' Y"}}~Y'i~ $Y .Yai$4 ~'
'~~ ~ Y: a Y ~ - Y' pE$ r a ~ ~ ~- ~} pas Y ~g ~~'
b~ 3 $-§ 4-4~_~g'`s p ~ $ - "~ Hiat"~ ~a . b~ ae_gg' 3 ~~~Va$a$k~ *~ b e8F3 $`~ € eh. a~ a$. $~Y~Rg~.
~' y ¢ s ~"p~~F~$ t~f~~i!~~2~4 f ~ a ~9g 3C F` &6' 6 , F` . aa<a p~~7~ a•~5h~ ;` .g~~° °4q ~~B=dE. ~ b ~k ,, ~ ..
. .. ke 3 R~.~€:e~tRae~R?»fiRix^a~Y xt BGnky q, ,'. ka C3` k; $a ~ ! RA eR aX. a "$a a_~`~~.8°~".p.~F%'.~fi~. - a ~$ $$ L~ :
~~ ~$~a ¢al't !eI`YaaY~a '~b$ ' ~ ~$$.. ~i ~g$$ ~~'.. .; ~~ 5~p•~~ ; $y l~~~.~-~ ~ :~~~;Q~ :i6s dbYa$. ~ ~'°~ a€~~.
. g x ppa y~i aa~t ati$~ Bbq~aya !~ ' _~ @~q ~€a fah . ~ '@~a . i~~$a- ~ & x a-p ~$ ~ tl~a ~~aa-~~gt @.. ~ gg~5 yE 8a aa. ye :• ~ ~gy~x
a~ 1 .~} a~.gg b~ aa~ 3 yiy w ¢ ~aY : ''~` ~ s w# E 3'~7.a'SC^'~r ;g Y ~D 3. }~<Y~E3 ~3x & 3bb
6 a3a aka a"3 63s ~pl .;~' ~`~ ~ 4$ ~ ~"3$y~'.y~_a3 C ~_~ '~~8 ~ ~ a- <p s- $~ ~ ~~.p- ~..
g a~ £ ~~ ~£ k ~ggffga s ~. ~ aa~~ ~' a ~ a a a g4~j $$Y a-h`ea a$'3.:. ~ ~h E gg3
aL ~ ° r 'Y<{Y %- $.._~`C. a >: y- ~•• . a ` ~x x ~g:~ a A a $ R $~.. • ~:~ q fg$
8 ; r`~x» y. ~s~s ~ 7~.i.'~ ~ 3S •t"$ ~ $~ 3~ p a~ " ~ $ ~'' ~$~zY `pR .~xYk-~ $b a~ ~{~A~ab~rsr$"
H b' ~y g q
.~ ~.'$~ ~~$$ $`$b $k k~~>c Y " ~:... ~ ~ St ~YR =, ... t€a a ! ~ ° a~ ~ s: p k $6°I. E+a~ 4 Rg $~td&`~~G~ ' ~ .~~ ~S & g~^F_3~ .
a 84 ~'_ x ~Y3Y ~:~S~ys xx~~i"s S~ ek 2 a I~' '~ ~' ~a Q ~ #~=°Ad~ ~ $ .~`$ $ ? A-•~ F ~.€ ~~~$$8#~~$.
. <., n3..£,.a.&.:a.":~a=yap sa.a.- ~~4 3~~k~ ' aa. ~$ ~3~ g$R$ya&..,a».a~O~~$.p~ .. . ~~3a»A~~C'e»,a.d8a~:'
' c e"g~t$e~ig~gg h .H.YY~ry~„~6e m ° $~ Y ~ es ~$~ b r $@ g3~A jai!:'.
p~ F$-i Y$3 .. irk •6~f~ 5$ec~ ~ Y~ ~ ~~~.~ ~ $ ~ ~~~ ~ $ $ya ~~ ~,~~~b$~~ ~ ~€D~ ~ ~ ~.g-:
~~~ ~ ~~$b~8 ~$ SE$pyg~g€€€a ~gqq ~IIya~~Y 3 `g i -S ' 8 9 ~~~s. a. Y 3g . S i ~:3
< Y .$ ~a~{„~~ ~ $ at £,~Fa x"r ^~ ~i~ac -¢-. -` $ Y a $ Y
yE baak~ yy $¢ aa~ ~ a a b7 b a e~ as}B a ~5-~E~{ . b, a ~r
.. ~ ,~ ~~.E yy]]~$ 3} 3 Y /~L~ Y}~y8y Ii3¢ ~L {' .~ { g g Cya.L' yqy ~. LC ~fY ~ F ~ ..
' ~Q': ^~A~l~97R P a~lyyet wq R ib~6~~G ~7 ~ 8~4{~ ~i3F 4i~ ~ gYa~i~ ~:
N ~h ~k"~~. gdk ~_. ~~~k~€q@=~ SSSa ~~~V°7. #~ ~ ~~~~ Ty;~ '$~~ Pn &~~1~~~ $Y~s ~e€:
fi,~ `?~i, ~ ~ g g $ - ~e Yea ~~ T~ ~ ~ t ~~ 3. ~. ~'_:. .
eR $EBa~~ ga ' '' s° $@ev$B<ngg i` . $~e'R~a s~.. ~~}f.a s A ~a ;~e ~~ ~~
~ b-.p 3~. c~ a;-£`C,~Y~. $ a'@aa ~g ~ 4 ~-~-' $~n$ b~ 'bga~uq~ '~~Ea ~'~
°' a 3 3~S ~ a '~ A ~~ ka ~~~~'- ~~~.~-@~@x@Rx@~~ E[a~ h ~g~' ~~y~}:
~' ::~.~ ~_a9a ,a 8= ~~~^~¢9x_~ Cn~ ~~'$BadRpai~~¢~ce@iRgR¢teke@~€¢~.. t '~f~8gacax3R}~a
Yb€y yyaar ~ py $ Y b YY~~R E t s Y8-$ ~~ ~ i"h~ ¢ $- -
~e 'Cr @~7 ~$y 3~RRi~ ~~O 3~aM^R~~Yi~ ~~~ ~yay`}~~~ayayb~h~~yy~§a~a~bb~b~tybdb8 @ x ya ~ Y aE~yB~d ,. .
9 ! ih}aO~~{ $} $ ha ( $}~$ b~i i. 3.b ~. ~^ bI' t it ~@a~ tl Y<5 ~
~ ~ a'Yg~ ~ i£y t £ ~a $~~ @~~ ~ 5~'Fa~$a8h$~b~sa§x58 €~I~fiy$a ~~ $ ak< ~ £ ~~y z
S~+ a-3gR. a ^~:$~ 3Y ,~ $ p $.<. r g #:k!'~~ ?;~ ~ ~Yr ^~~n~ ~ k
w a° k a$ pap y£yy 6GEg~~tt a~ r aS y$• 5Y<C~~Y!}p^$. ~~ e~C ay app6y' h S ~CX~ spp
.~ 0 - .~~~. F$~,.~~ ~ 5~~. Sa°t5 [~tli'F~ ,r€~ H~~pp gg$~~~~~ss~°~$kg~Y9$~iF~£~X.. gt'} py'g$a~~~$~~ti9 Z _ .
'S a.i ~[!5 a$p ~ <~a~ $$44s$$3a ~ a~f ~$Xg'&..».:.aa.~.:bsedyay~sea9e' F $$78~$¢g`.MYna$it~~ '[~ $. ~
W ~'
W m9
~~~ ~ ~~~r
WN r~~~
~ F ~~°s
o z
~~ .. o~
g ~
~'
z it s
'
# p
? ~ e~ a
~ ~y§~
~ a~ ~§3 zM ik H~t " ~k c'
~ ~§ }~ k ia L 'p y e,, . krr .. +. ~~jj
~
~ F g s .
* 7
~~ §~ . `"+~ h s _' k
~ k
~ k F 'k kb ~§
c S (~ e i £: i~ ~ :~.I S£ ~. } ¢ R@ ~ :~ G- ~~ _^ ~ v k :^ A k ^ G w• * RS - 3 . S G 3 ~ F
R
~
h
"
L
q
A
:
4
9
G~
F
F
R-
A
_
T
c-
.. '
_", q•`
. ? #F ~C x4 lR 'H.'« E
:fi 7
t 7
A
~ c~
Yi
A? -
A
-
a
At Rg ia
4 ii
A^ '
«
~~11
7
7+t R
:: 7
! `-
~~ •
« 7
! E'
A 9 C!
«R
t~(
?
RR 7
oe
Yl $;
AS 2
^ i7
"
dR -
~c »S
:A SR
.: R=$
R
~A
q k
4' ~
: $C
r
' k
+ "
e §
°- ~:
p2 ph R.
A= .u
~ *
^~ :~a
~ Ri
A e
9 ~ aR
~ }r
~ kk
~ §~
i~ ~Fpp b''
~ }ki}~77
~ §
~ •>aa; •F
~ k
f ~. • „
£ § °S
A' k4
R k ' '
x• `
<~ ~•
F Y
' a~ ~ ApI
~ A• T a~ xA y
M
~
~ . .
. Y .. $ 71 8 R 9 R E8 F 4 b 5 .
'.¢ a_ c 51 9 Y 7 AR
Y
$# q
» 7
R7
. `
' R Aq
:S 8A
YS .?
A k
" •S
A R -8
Qt S
« i
+
R xs
R_ -~
__
:~ q'
»4 RS
R?~ R
t C
~ ¢
_ ¢-
¢8
_~
A
? qr~ p
_~ ¢:
i g t3
z! 73
fi « RE
tR ^.
tA a
R 7
t `a
'A l6
?^_ Ry
R!
RF 3
A -
' ia
=l i«
+A qi
»R S ,
!A d7q
_!ii
k A
? F~
$- -.
$° `
~
~ "
lR ^
F
~ »
ff~ 7R
`ct i¢
i ?R
S S
R R
• R
A», Aq
A» i?
8 :7
e ?A
s» Aa e
z R
A
« ppT
37
~
' YR
q8 '
%~°1 `a
d9 RL
tt k
« AR
47 '
«s ^;
i3 8
y A
z R
A 7t
Rx 9,8
L« xxtt
AR 00
¢7 -
tEA 6
! EL
«A a7
~ i»
:3 8
~« lEq
R~c
~~ R
t~ R~
8:
$ ~t
?
~ 7§
$
k La
» na
.« -R
e~ 8
~a 88
$ 8
9 6
$ 88
$$ 86
$$ 88
$ 8
$$ 88
$$ 88
@ 8
~ 8
5 g§§
@I 88
A 8
R~ 88
_$ 88
$fl 5S8
0.4
~ B8
R! 88
$ 8 gs
$s 88
RR 8
B 8
$ ggsp
gA gg6
R 88
R9 gg8
$g 8~
AA 8
A 888
AR H8
AB 8
lg 8s8
QS 8 g
R~¢
3 ¢ e °oS " ~ o8 nH o5 @ 8 3 "¢a" fi3 .6 ' "ae 7 & B A8 E 6fi 65 fiE 8a 6 88 8E 6S 98 a 83 SS i9 a $~ c cc ss nn cz oas
U
x
_~
. x
Lggt'_ ~grg~~A iI 1.L
~~9zi8q .ae q ^-ce !R ». j q •sizE ~^ jai
~n ^. ARR..AR=FA-x0.3..-A_._ _:S.:iA4.1t 57x784¢¢
OOOU2~ .. ,:, p. rx - .
~~.~ ~ ..
+V^~~, /' ti~tb
_ J' E~
.
' ,-
--L
C~
,
~~
~
v > @.•
~ E
t~-~
3
a E~..,`.~ g ~:
$...
J
c
xs ...-~: ~:
`'_ g
~ L ~~'.
~
~~3jj
3
~`~. fl~F"
3
__ .~ „g
"
7~`
~
d _
Y~e
~R~
~.
j
~
.
'
pppp
d it `~~`.._1
`•
U]
w . 99 0A
. na~ "'ai'.
L=*r:,:
~,
~~ ~
b ~
.~
~~ ;;;~
o ~ 3p~~~?
~
3'
~ w x
~ ~
~ ~~~ [:,;,
;Y
I;~ ; ,
4 ~ i;~~ .~ .~.\<
`, ',:>
\
..
Q_~ ,
... ,,t,
_;.
.. !~ ...
~" i /.
i ~~ J,. ..
((~'.
~7
~~'
_ ~ 2
~~ ~
~~~ z ~
~~`;
;S;`;;' a
`~~ .w~
.:-~,. z ~
~~ G3
:-~ W ~~~~
z E ~~~m
,... °
~,~ j ~ x
~J/
. ~.
i
~ `~ _. s,
~'~,
i ~ ....:'^~.
~
.
:.• ..
OOOU3G
.S
~':
°` T
'
/ ~~ ~~
:
-'
-
' ; ~
x
,55
. _
caEi'
' :-
__
%~:^ ,.
~- - =~~a` :.x.1,1
. Vii(/ ' /!i.. _ "'.-
ooouoi
__ __-
~~ ~ ~ ~ r
__~~ ~ ~ I
,..~ t %
~ t ~ ~ ~
~ ~- ~ r ~. ./`.
r ~
i . f ~
I ~ \ \ ~
'~ f f
ti ,E- _` 7
u
~ ~
_/{ ~
( ~ #6
T ~.., ~ `- ~. . J'~ J_'~.~e-r"'~`~ ~ tom/
I ~ ~=± '.
~ N~~~~ J~
,koo~ ~
,; _ ~ `~ 1
a ~ ~ - ~-s -T-r~~
r 3 ~ 4
y a
~l ~
i
. _~
x
}: ~ti . ""~
S ~ .~ °,~
~~j;~.~j~~/!l~'``~ r~` r' %'v~'`'~\I; ~..'n tl'r'/. Jr~, ~~t :- -r• ~ a \\='!'' _ I;%/~rf
' j ilk. fc-` rS• ':1 ;' ~\ ', ~ i 'i .C~ : - .// y YpO. ~:: - ':1. - .LOO ! n .':I-.. -.~.y:::~\ ~-Ll:,~ ~•.` ~o /2 : '~
//ice ~ ~ )'=1 i~`h~~--._ t~ ~ .. Y i : ~_ .. o - _ _ - _ ~' , ~;~:, r• ; .;~ ~:.\' (o ~ . ~-.
~~ r~~lC~1i~(~~S\1\~t~ _{ {~' Dlr. '_r, ;/. 9 r: ... j.' ~\\ ,~ ! \\~ ~aI~J/°' (~(/f~=^~_=_ '-
1~ ~~~~ 'eta )~ t } ~ (-• ,i ~ /,'. ~,:' -,g ~::~% •~ .~ '-~• ~ - \; `=\_i// :i k1-\
;! - ,tr 1/ is //r~ :(1 ~\',~\ " ~: '% ~ .~~ ~ -~~ l: :`. •`" .C, ;
~' ~'e _~ 111 .1' / '~i':~ --- / ~~~ --~ r~/~ /~' j,' ;I'' ~:i•. .`::'; ~•tl :'~ j V.~l :~ i
I;{~ - ~ i( , .l. mil' ',. :;'~, ~ .,fir` ,~;:~ r •~~ ~ r ,.o ):`~, r ~ ~•`;:~~J':\~ ~~\~~:~.
,`,,.//j/~ .~ , , ;~_ _., .\: `~•~-'~ _ \_,~ .a.` ••\~•_ ~~ '•~m .~l is \~,'~ o_}`'~,',:;~
~~///~~/!~ !~ /~ : (~ 7 •Sy ~i~':.` i` _ _ \ ~nl: / ~, ~, ''h. , .' 1` .-` ' 860 :•{.~
1 ~.,, ,7 •`,756-i~ J1 1'iI~ I~ _ ~~ ~ '.~~ "-\ ,1 ,~• ~•/• / -_ (,
~°~ ~~ ~`'~ ~ ~ arc ~ ,' ~~\.~ _- '~ _ ~" /, % ~/.- ~ r i i~~~~i /-
~~~~-' `~ PROPERTY BOUNDARY r^:~ ''.'%;% '~ :• `~` .-~.,-
\ ti \ l r • r / j /
____, __
.,
- ,,
,•
. ~.
.. .. ~ ~ -
a
'~-
' ~ - --
, ,,
~ - __
r
. _
y _
'`
.. •:~.
.y.1.L-... .w. ~<-..~..:. -
:z ~ `~:
_ :.
- - `-- -
\-. ~~ ,
r/°- ,\ \l`-~'~ ..\I j~ °^~. i.\I ,~~ l: 7:?1``\`~'-• t / Ir ~i ~ .~i ~~ ~ ~t. .,~• ! ^ 'r
~ \ L \ ~ ~•~r ~ \ i1y
-~; • ~ ~\\`. .~t~':\' V'\,1\1~ ~ G ._ 'oodv Gr-`ee~t. i i c ~ ~
,~ ~ \ - -
Golorado Division of Wiidiife. Mule Deer
G~~Qa+f~7t ~+g~e'+ ~'~ 1~ ~~QOiG~ Legend
Prepared by: DESIGN ~1VORKSHOP, fNC. Winter Range
July, 1998 ~ N ~ ~ I ~ ~ Critical Habitat
i ~/~ ~ Severe Winter Range
` ~~~
' ~ 4,000' \~
0 1000 2,000 -
000U32
~~{'~
~..~::
.~.a.: -
~ t
.\
'~-~!
-._: r... - --~
s~
_ \ ~~/
~ ,
- _
.;
. . `
_.
i.
_---_ {_ ~~ •, :' ~~~~` `~ v` ~ ~~-. _ 7410
._......... -.c.-.-.mss.:.-.. s: :., s..:•/... ~D9~ .
:, :::. ~ ~,\.~a~~.
;~ -'~~ \~~~,-., ,. "' • \\ ~ 'i~ ~ Eli ~~'~~~` ~;
,. ~% ~ .~ ~ \.=:- 3E' ~,\. Cam'. Qom. A'"' , .'~,~
Colorado Division of Wildlife: Ellc
~h~p~s~ r't ~sp~ Lind V~ hppti t~&t'~
- Prepared by: DESIGN WORKSHOP, INC,
Juiy, 1998 N
l~
0' 1,000' 2,000' 4,000'
00003
Legend _
Winter Range
l [ E f I Critical Habitat
;.
~ ~ ..~ 4.; t ~:..
.•
a
:~. ;~,
i
`. .S f_'
a~1
~ ' ~ ~' err ~ `~- '..~J
a~ }. ,~ ~
~.. ~ 'a 1 ~ ~~,
Sfafe Foresf Service t~Vilc~fire Hazard [1~ap
G~~~~a ~ ~~~~~ tJSG ~P~ t ~~~
Prepared by: DESIGN VItORKSHOP, iNC. N
July, 1998
0' 1,000' 2,000' 4,000'
00004
Legend
A -Low Hazard
B -Medium Hazard
X -Severe }-iazard (bush)
C -Severe Hazard (Trees)
-v p
' ~.~ .r L,,.~
.~i-\_
'/ / i
J'
l
~.
J ~
~~//
.``~
1 ~ \, ~% '~~ ~/ / ~~•t ~\~~~ //_ _ .' ~. f_ u ! 4490/ ~ ~
• \~ Z "l4~~~ ~-~o ;.~: J _ <• ~~'i-• '..;;rte :~~'.r~ ~.• ~ ~ ~% i
' .r .~, rte- ,lJ~ .~.. ii. ~~' •, _i'\~.w: .l. ^a•_ t,\ li/
~'11~`~r/~(i/~.-~~^~~;1`(`/''\J ~/`---~ =n~:r'~/J' 2 ~'((//r /i;::-~`;'j :.8sp0` '.t\ ;.i. \.\ ,`Jf'_;{/f~/1/ E
_~ t'!l~!. i". ~(1'~~'\\~ -1 -/, /,1 j.:~:.1-.i ~~C•M t 1/ \ ~ ~r /, ''~_/'' ~~-•' /i 1 ) J-'.ry ;\\••~ l J•)'.ffj ~~.
-1 ! _ _ M1~;•f•
' ~: • • .~ ~ ) `„, J ~ .'......~ ;~ ~. _ is--.. , ":~.
I ~I~~X); ~l;~li1~:..~\~.,~( I~~`~.k}`(~~~f~ ./li~i~%~'/I;-' ~i~ -i rimer','`=y ~~~ _-_ ;\ t ;`'\\J/~•i;•~.jr
/rT:~R. 1{j il~.~ ~.~ I ~/) ~~/.; J/': ~Odi if .%r•, 6500' ~% ~ a'•~v1~ _ ./\\\ %if~/lei: /~_~;,
(r ~.- i,
` ~c ~``~~-~`~ `_~~"`,t~.'J~a;-.!~'- j%e,~, "~%• .~/ :..~ __ ~; ~,f"ice .~ .~ /o° ,~„ti.
i `\L `, ~ ~. • / r= (/ ~~M. ~//.. _ `ate.. ~.. t ~ ~• f /~~ ~" i,' ` : ' ~7 ~O\~,'~I:: :~`1
_5:~~, tt .~` ;~ 'r i2( 1~~' ~tl:- - ... ~ j ' `~• /' !, ' -t.'/ lid .~ (~/' ~w~ti'.
/ ~ t'. ,
TBS ~- ..i• ..~ , t i
~~ -ice ~ '~ r~~ ~///~' ~r~' 9
~9 -r„
.,~ •`•~_;~: \,~ PROPERTY BOUNDARY ''y - ;, %~ o°.iO- ~- ~-, ; ~r-r ~'!,~'j~
~~ J
~. .. `
• : ~ ~
.
i=
, r- ~_ :
Y.
.
0 • !.:
. , ~-
D '\=r.
- :,l•..
.
. ,.~
.• : .
... - .- .-
•. ..
.r:;;:
;.
..
..~ .. \
• - ~ -
\` .\ 1
wry:-~~~ ~._ \\.. - .~,\°o\ ~~ il'~t\'~(f - i, \ fi\ i; _. ~ ./ i j-"~' i ~ .~~,%,.
Potential Geologic Hazard Map
~~1',~p7i/~'io ~'S+ ~d ~~i ~'~~a~6A~1 Legend
Prepared by: DESIGN WORKSHOP, INC, F -Alluvia( Fan
July, 1998 N T -Talus Slope
~i~ P1 - Patentiafly Unstable Slope
~ (Unconsolidated Mai~eriais)
P2 - Potentially Unstable Slope
0' 1,000' 2,000' 4,000` ~~ (Bedding Plane)
;$
zA .
000035 '` , ~ .''.:
~~--~
-- ~-• -
;~~ -~~
D
~:
::
~.
r
.,
,~ -::
;;!
~`~%i,
. ~;%;:
~,~;.
.-w.
~~: . ~ -.
Legend
Soil Conservation Service Map
. ~~~~~~ ~~~~ 9 -Ansel-AnvikAssociation (25-45%)
14 -Callings-Yeljack complex (25-65%}
33 - Earsman-Rock outcrop complex (12-65%}
Prepared by: DESIGN WORKSHOP, ENG. 50 - Goslin fne sandy loam'(6-25%)
N 86 - Morval {oam (25-40%)
J ufy, ~ g~8 g7 -Southace cobbly sandy Eoam (6-12%}
i ///~ 98 -Southace cobb~} sandy loam (12-25"/°)
_ ~ / 99 -Southace cobbly sandy {oam (25-65%) p ~ le 6 65°l0)
104- Torriorthents-Gamborthids-Rock25 65 ~° comp x( -
4,ODO' - 110- Uracca, moist-Mergel complex ( )
o' ~ ,ooo~ z,oco~ - --
. 00003 ~ ,
~a ~:., „
i
~: _- - _ _ -
~. ~ Y9<90i _.
1 G_. r j _
! ,•~ /' /
~ !i i /
`- i'-i:
/ -~,% "f •.ji?/' -~ ~\~`t``~ ~i' .- -`-~ ~J• ~~~•J ~I. ~~ 'til
//`~J( ~~~~f -~ - /~. lam' --.--_- ~...~ ~: _~ ./ rfO .'i l! ~=.
~\ ~ -,. ~~
s . x:1-1\ C ~., `` ,-~~ ~ , ~, i ..
we \ O ~ ~l ~.` ~ cy / . ~'•` i :, :., \ ~`~ . i.
~ ~ , •Jo ~,,: .
1 ! 'l N . /~~ ! ..
~~:1 - . - ... s°o ;ate ~~~t~ .r
- ,~~ ; ~ } ~ ..~ ,fig .~ ~~ ~ 1 j. :. ~ •,
,~/.~~<.\ ~ PROPERTY BOUNDARY `' _ ` ~ %~ - -
.: :,
-
..
. '.
1 ~ ~<rp .' zy. f ,
~.
'• '
.~
.t
. .
.:-
5,_ \ \ ~a ._ . 11: ~ Fi ~- .'Y»f oodV, c1'Betc i i c 1 C , ~ ~ ~~ c4 i - - -~ G
CSU SnowAva[anche Map
Gh~ p ao~ra~ ~speh - ~$~• ~~~ ~ Legend
Prepared by: DESIGN WORKSHOP, fNC. ~ Potential Avalanche Area
Juiy, 1998 N
~ ~ ~~~
~~ 4
0' 1,000' 2.,000' 4,000' \~
` 00003'7
CO110GICAL SERVICES, INC•.
ROCKY. MOUNTAIN E
.. L~'E••VEGETATION••W~DFIRr MITIGATION••WE~ANDS••PLANNING
NEPA WILD
November 7, 2005
Woody Creek Ventures, LLC
Attn: Clark Lipscomb
132 West Main Street .
.Aspen, CO 81611.
RL: Chaparral Aspen Rural and Remote Parcels, Lot 6
. Dear Mr. Lipscomb
Please submit this letter with your application to Pitkin County. 2405. Mr.
~.
I visited Lot 6 in the Chap ested a 1041a tesreviewkfo CWildfireoHazards f or the eventual
Clark Lipscomb has requ
construction of two single family ca Haza~d"'asethe'tseope iseess thanp20p~(actuaf s olpe
' envelope site is considered Moderate
averaged 5%) and fuels were ~conter ous. Other areas within the area had higher azar
e encountered.. Therefore, the following Mitigations
fuels, where slopes above 20% w ,
are recommended for any new construction:
etation= As during construction most of the vegetated ewe t the ffoilowinOg: f the structure
1. Veg
will likely be removed, re-planting of vegetation must a h
1. No more than 5 coniferous .trees may be planted wit{~ n 6"within 20uof the structures,
'2.
Vegetation around the house should be kept to less reater than 10' across of shrubby
aside from forbs and grasses, additionally, clumps g
species (deciduous and coniferous) should not be within 20' of the structure, even if
irrigated.
3. Clumps of shrubby deciduous or
coniferous species that are within
40' of the structure must be .
separated by at least 15'. Clumps
larger than 15' in circumference are
not allowed.
4. AIi branches from trees and brush
within the thirty-foot perimeter shall
be pruned to a height of ten feet
(1 p') above the ground with
removal of ladder fuels from around
trees and brush.
5. All deadfall within a 50' perimeter of
the house shall be removed.
0222 BOBCAT LA 9 0' 963DZk90N CELLO: (90 ~)~D309 •445423
PHONE/FAX: ( ~ STARBAND.NET
EMAIL: ERIGPETTERSON@
OOQV.30
Lot 6, ChaparralAspen, 1041 tY/ildfire Hazard geview _ November7, 2005
6. lnstall.ed or native landscaping within 20' of the house should not contain any brushy ~ -~
species- only grasses or forbs are allowed.
7. Aspen trees are allowed to remain (or be planted) even within the ~0' perimeter as
they occur, as long as they are not within 10' of the structure, and are kept limbed to
10' (unless the frees.are Tess than 10'tafl). No trees of any species may be within 1.5'
of any window.
8. The property owner shall be responsible for the continued maintenance of the above
listed vegetation requirements. ~ .
The following Modified Structural Design and Construction Standards are recommended
for any new structures. Even though the site is not "Severe (which. would. automatically
impose all of the Structural Design and Construction Standards}, the general area around the
building envelopes does contain flashy fuels that can burn quickly under a wide array of
weather and. fuel moisture conditions. Given the ease . in which these fuels (chiefly
chokecherry, oakbrush, serviceberry, and rabbitbrush, along with associated. grasses and
forbs) can burn rapidly, there is a good chance that if a fire did start in these. fuels, a
measurable portion of the area would burn before the fire department arrived on site. As
these fuels are fairly short in height, large flame lengths are unlikely, but there would be
enough embers generated to ignite receptive fuelbeds around any proposed structures. As
porches, overhangs, litter on roofs and open. foundations are often the first features to ignite
on a house due to flying embers, the following modifications to such features are
recommended:
II. Projections:
1. For projections below the roofline (including, but not limited to: exterior balconies,
decks, porches, and bay windows which extend over. a flat or s{oped surface), the
open space between grade and the underside of projections below the roofline
shall be enclosed by solid, vertical walls. These walls shalt be constructed with
materials approved for one-hour fire-resistive construction on the exterior side of
the waN, and shall extend from the top of grade fo the underside of the floor
decking or walls- of the projection, OR:
2. Any porch or deck or projection shall be void of vegetation below it, and areas
below such projections shall be protected from accumulation of, vegetation
materials. by placement of a vegetation barrier. covered with .rocks ar gravel, or by
coverage with concrete or stone. Wails underneath projections shall be
constructed with materials approved for .1 hour fire-resistive construction on the
exterior side of the wall.
3. An alternative for a deck or porch is use of non-flammable hardscaping (flagstone,
cement pad, etc.) that is at least 18' wide. Some planters may be in this area, but
cannot contain trees (except aspen} or shrubby species.
ill. Foundations and Stilt Construction
1. Foundations, skirting and craw! space openings shall be ful{y enclosed and
constructed with materials approved for 1 hour fire-resistive construction on the
ROCh'Y MOUNTAIN ECOLOGICAL SERti'ICES, INC 2 .
oaoo3s ~ +}~~ .~.:~
P ~
,
• ~ ~ IVovernber 7, 2005
L.ot 6, ChaparralAsjsen, 9041 tY~ildfzre Hazard Review
exterior side of the walls and shall extend from the top of grade to the underside of
the floor decking or walls. . ,
. Stilt foundations shall be fully enclosed and cone or tside of hetwa is andrsha _ ,
2
for 1 hour fire-resistive construction on the e
extend. from the top of grade to the. underside of the floor decking or walls (not
including porches, patios, etc.).
IV. Roofing
1. Any new roofs shall be constructed with aClass-A roof covering (see UBC 1997
Section 1504):
2. Minimal roof pitch wily be 3:12 on any new roofs- if roofs are les aid be ~ c?eaned
roofing material must be . u ation obleaves andtdebrisClass-A),
regularly to minimize accum
3. Vents shall be screened with, corrosive resistant wire mesh, with. mesh '/a"
:maximum on any new or existing roofs.
V. Maintenance
,'
1. Roofs and gutters shall be kept clear of debris:
2. Yards shall be kept clear of all littler, stash and.flammable debris.
3. All flammable materials (including firewood) shall be stored on a parallel contour a
minimum of 30' from any
structure, or within a separate
structure.
4. Litter and other flabroams~
materials (including
' newspaper, old wood,
flammable mulches, etc.} shall
not be left adjacent to any
structure.
VI. Miscellaneous
1. Fences shall be kept clear of
brush and debris, and must
have at least a 3" gap between
the fence and the main Aspen may remain ana are Gu~~w~oe~~ -----. -
structure. Fences shall be kept
clear of vegetation.
2, Any outbuildings or additional structures shall adhere to the same standards as the
main house.
3, Each structure shall have a minimum of one ten-pound ABC fire extinguisher.
«,
ROCI+Y IVIOUNT.9IN ECOLOGICAL SERVICES, INC
000040
3
f . '~
t~ . ~ . ~.
1 7
r
Lot 6, Cha~iarral~4spen, .9041 wildfire Hazard Bevierv November 7, 2005. .
4. Addresses shall be clearly marked with 2" non-combustible letters and shall be
visible at the primary poiht.af access from the public or common access road and
' installed on anon-combustible surface. ~ .
5. Fuel or propane tanks shall be installed underground with an approved container.
VII. Access
1. No shrubs or conifers are allowed within 10' of the driveway (unless the cabin does
not have a driveway). Aspen. are permitted within 10' ,of the driveway, but must be
pruned to 6' above the ground.
2. Low vegetation (grasses, fortis.and. low shrubs) shall be kept mowed to less than
6"within 10' of either side of the driveway..
IX. Utilities
1. Utility lines shall be buried..
X. Building Envelope and Wildfire Hazard Area Delineation
1. Concurrent with building permit submittal, a site plan that meets the requirements
of section 5-70-040 shall be submitted that delineates. all development within a
building envelope (wildfire mitigation, and creation of defensible space, may occur
outside the building envelope). ~Idfire hazard areas shall be delineated within the
building envelope consistently with the definitions of section 3-80-070A.1; provided
that, in the case of varying hazard levels within the building envelo.pe,. it shall be
sufficient to label the entire envelope with the highest level hazard: The building
envelope and ahundred-foot radius surrounding. all structures shall be clearly
labeled .as either: low hazard, medium hazard; or severe hazard.
XI. Review Process
1. All development shall be reviewed for compliance with this section. (Along with a
building permit application, the properfy~owner shall submit a site plan that shows
the mitigation set-backs. detailed in this documerit, at the time of a building permit .
submittal.
The standards stated. in 3-80-070 Wildfire Hazard Areas, has been modified for the conditions
at this property. Thank you for this opportunity to comment on this property, and please feet
free to email 'if you have any questions.
Sincerely,
E+~ Pew
Eric Petterson
Rocky Mountain Ecological Services, Inc.
ROCI:"Y IVIOL3NTAIN ECOLOGICAL SERVICES, INC
OOOU41
~~ rt' { ' :^
l
t ~,* ~(~~f v. ~F4~'f'~'l ~ -,.,/"" {jJ'+(_i~,~ til~ C~ t.2~(;dC~~J(~
.. ~~ ~ '
,~RESOLUTIOI~I OF THE BOARD OF COUNTY COMI~HSSIONERS OF PIT1KiT1 COUNTY, •
COLORADO, APPROVING AN AMENDMENT TO.THE CHAPARRAL ASPEN SETTLEMENT •
AGREEMENT
Resolution No. ~:2004 •
. RECITALS
1. Woody Creek Ventures LLC ("Applicant") applied to the Pitkin County Board of County
Commissioners ("BOCC") to amend the Settlement Agreement: .
• A: To reduce the total above grade floor area on the main ranch from 100,000 to 90,000 square feet;
• B. To obtaili the right to seek approval for 3 additional cabin sites on the remote parcel;
C. To extend.the vested rights period to 20 years;
. _ D. To construct the public pedestrian.trail from Upper River Road across the main ranch parcel.
. B. To voluntarily impose a real estate transfer tax with Pitkin County as the beneficiary.
F. To extend the deadline by which the.Ranch Manager's unit was requiredao be constructed.
~• 2: The property is located on Upper River Road, and is described as Homesteads,!-t0, Chaparral Aspen
and Parcels. I -10, Chaparral Aspen Remote Parcel.
3. The main ranch is zoned RS-20/PUD and the remote parcel is zoned Rural/Remote. .
• 4. The Board of County Commissioners ("BOCC".) approved the Braun Ranch Settlement Agreement
pursuant to Resolution No. 158-2000. The subdivision exemption plat and 0041 hazard review site
' .plans for the main ranch were recorded in Plat Book 61.at Pages 99-101, and the subdivision exemption
plat for the remote parcel was recorded in Plat Book 63 at Pages 75-77. The vested rights for the
• approval currentlyexpire on February 5, 2006.
5. The' BOCC initially heard this application at a duly,ngticed public hearing on November 19, 2003, at
which time evidence and testimony were presented with respect to this application. The BGCC
approved the application on that date contingent upon the County's ability to legally create an enterprise
fund or to facilitate the imposition and co{lection of the proposed assessment. The County Attorney
subsequently determined that the assessment was not legal arid counseled the BOCC not to accept the
.. assessment as part of the proposed amendments.
6. ~ The BOCC subsequently reconsidered this application at duly noticed public hearings on March 24 and
April i 4, 2004, at which time evidence and testimony were presented with respect to this application.
7. The BOCC finds that the proposed amendments to the Settlement Agreement, as amended by the
BOCC (wl~ieh included the elimination of the proposed real estate transfer tax), are appropriate and
provide.benefits to the County. •
8. Tlie BOCC further finds that the proposed extension of the deadline for construction of the ranch
manager's unit on the common parcel is appropriate, given that housing is provided in an existing unit
on-site.
497955
PaOe: 1 of 3
0d/24/2004 0A:14P
SILVIR DRVIS P'ITKIN COUNTY CO R 0.00 D 0.00
' f
ooob42 ~ ~ j • .~G
R~vlutir~n Nc~. ~ 2fI04
Fa,~e 2
NOW THEREF012E BE IT RESOLVED by`the Pitkin County Board of County Commissioners
that it does hereby approve the requested amendments to the Chaparral Aspen Settlement Agreement as
specified below: _ ,
1. .The aggregate above grade floor area for the l0 lots on the main ranch shall be reduced from 144,000
squaze feet to 85,000 square feet of floor aces (as defined in the Settlement Agreement), such that five
of the residences shall contain no more than 10,000 square feet offloor area; four ofthe residencesshall
contain IIO more than 7,500 square feet of floor area, and one residence shall contain no more,than 5,004
square feet.
2: The Applicant may seek approval from.the County for three additional rare! and remote cabins on
Parcels 6, 7 and 8 of the Remote Parcel. The Applicant must obtain development rights and all
. applicable approvals, including 9041 hazard review, for the three cabins. _ ~.
All of the cabins on the Remote Parcel shai(be subject to the following:
A. Management, maintenance, and use of the cabins wilt be coordinated solely by the Chaparral .
Aspen Ranch Manager. This control will allow Chaparral Aspen to coordinate service and limit
maintenance and service personnel to the cabins. Access to the cabins will be gate controlled at
multiple locations and the ranch manager will be notified in advance of a planned cabin usage. '
B. Except for the existing cabin located on lot 10, any new cabin will~be allowed only one owner.
. Tlye three additional rural and remote cabin sites (lots 6, 7 and 8) will be limited for sale to
.individuals residing in the Woody Creek area, extending north from Highway 82 and from
McClain Flats road where it crosses the Roaring Fork River to the Old Snowmass bridge.
C. The rtira[ and remote cabins are limited use .cabins intended to serve recreational purposes and
are not planned or designed. for year round occupancy. '
D.,. The design guidelines will provide for the use of reclaimed materials designed'to blend into the
natural (andscape,.similar in nature to the cabin constructed on lot ] 0. All six of the cabins wilt
be located offthe grid and utilize a combination of solar and propane power. The propane tanks
'will be underground tanks and propane delivery will ba limited to twice annually for all six of the
cabins and will be coordinated by the Chaparral Aspen ranch manager.
4. .The Applicant shall construct the public trail within the platted easement from Upper River Road
across the Main Ranch parcel. The.trail shalt be,subjeet to the restrictions contained within file Trail
Easement recorded as Reception No..460243: The Applicant shall provide financial security for the
construction of the trail within 60:days of the date of this approval or prior to issuance of. an
earthmoving permit for the teat[, whichever comes first. Construction shall Eie completed prior to
issuance of any Certificates of Occupancy for the affordable housing units on Homesteads 1 I B and
11C. The trail shalt, be designed pursuant to the standards provided in the Pitkin County Trail Design
and Management Handbook. The Pitkin County Open Space Land Steward shall approve the final
. design, prior to submission of ati earthmoving.pertnit to construct the trail. ,
5: The deadline for construction of the ranch manager's untt on file common parcel is hereby extended to
December 31, 2004, subject to continued provision of on-site housing for the manager in the "older
cabin" on Homestead I until the Certificate of Occupancy is issued for tl~e new unit.
.. 6. Statutory vested rights for the approval contained herein are granted pursuant to the Aitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth. in Pitkin County Land Use_
~. 497955
. 0S/24/2004 04:14P
SILVIR DfiV15 PITKIN COUNTY CO R .0.00 D 0.0e
00004 ~ ..
Y5. ' . ~ Y . /,~
x.. ~ i r yO'1„
'.
Rcsvlution Nv. ~-2004
Page, 3
Code, § 4-140 and C.R.S.; § 24-68-I OS..The statutory vested rights granted herein shat) expire on
February 5, 2021. ~ .
tea.: ~ '
NOTICE OF PUBLIC HEARING. PUBLLST3ED TN'I'IiE A5PEN TIMES, on the 8rh day of August,
2003 and the 21 ~ day of February, 2004,
. ~ .APPROVED AND ADOPTED on- he'14ri~ day of April, 2004. ' '
i.,
~PUBLISIIED AF'T'ER O1'TIO~ FOR VESTED REAL PROPERTY RIGHTS in the Asven
Times Weekly on the day of ..+J,~¢4(!~-} 2004.
~,
. ,;
U._
'ATT ST: ~ BOARD OF~COUNTY COMMISSIONERS
.~ _ OF PTTKIN COUNTY, COLORADO ,
~: `~ •~~- ~ ~ Dorothea Farris, Chair
Je. ette Jones,
De uty Clerk and R~order
pate: ~~ Zy. r~
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John El ~ y Houben,
Co mey Community Development Director .
Case #P079-03
P1D# 264309401001;264309401002,264310201003,264310201004,264310201005,264310201006.
264309101007,264309101008,264309101009,264309201010
. 497955
. 950/24/2904 04:14P .. .
SILVIA DAMS PITKIN COUNTY CO R 0.09. D 0.99
OOOU44 .
~~~ ~~
__..____..._~._~.,~~....~r_._._-____n~,.n~._a..._..~
. . ~ .,~ _ _ yI_ :.e.:i . ..
• ~ ~~~ ~ ~ .~~ ~ ~ ~ . { ~ ~ llllfl~ !!!!I~ lillit~lll!!! l~I~~ f~~~ll~lttl !!I~ ll~l !!1! !!~! ~~:~~:
Resalutfon rVo. 15"2000 ` 452430.<. OZ/13/Z00i 20:.04A RESOLUTI DAMS SILYt'
page:~• r" _ I of 30~ R. 0.00'D 0.00 N 0:00 PITKIN COUNTY CO
RESOLUTION OF THE BOARD OF COUNTY CONIlVIISSIONERS OF PI'I'I£I1tT COUNTY,
COLORADO, APPROV~iG'THE BRAUN RANCH SETTLENIE+iVT AGREEMENT
• Resolution No. lsY-2000
RECITALS
1. Woody Creek Ventures, LLC, as the successor to the St. Clair Company, is the current owner of
two, non-coatisuous parcels of.land in Pitkin County, which together contain approximately 903
acres. The "1Ylain Ranch Parcel" contains »3 acres and four legally created dwelling units, and
was the subject of a development application submitted to Pitkin County on October 20, 1998.
The "Remote Parcel" contains approximately 350 acres and is undeveloped.
?. On Juty 1~, 1999, the Board of County Commissioners ("BOCC"} denied St. Clair's request for
approvals for.the plain Ranch Parcel, pursuant to Resolution No. 99--13. •
3. On August U, 1999, William Braun: the previous owner of the parcels, and St. Clair .~ led a
~, ~ Complaint (Civil Action No. 99 CV I63, Div. 1) for (1) Rule 106 review, (2) Denial of due
process and equal protection, and (3) Declaratory Judgment in the District Court for the County
of Pitkin, State of Colorado, challenging the BOCC's denial.
4. St. Clair subsequently submitted a settlement proposal to the BOCC on January 12, 2000. The
proposal consisted of 10 unrestricted dweitins units each containing an average of 10,000. square
feet of floor area, relocation of the access from Woody. Creek Road to .River Road, and
construction of fully deed restricted affordable housing units containing at least 17 bedrooms. -
~. ~ The Pitkin County Planning and Zoning Commission ("Commission") considered the settlement
proposal on July 18, 2000, and forwarded a recotamendation of approval to the BOCC.
~;
> 6. The settlement proposal was considered by the• BOCC at regularly scheduled meetings on
February 22 and 29, and at duly noticed public hearings on Ausust 22 and 23; and September I3,
2000.
7. The BOCC finds that the settlement proposal satisfies. the objections raised in Resolution No. 99-
43 and complies with or satisfies all of the County's requirements and criteria for the approvals ` .:.
00045 -= . : ~ : ,J~~,.:.~ ;sl.,#~
~,.
~.
Resolution No. /SY2000 =
Page 2 _ ~ '
described in the attached sertlcmetit agrcement, and that the Court should enter an order causing
the approval of the Braun Ranch, subject to the conditions of approval specified in the settlement
agreement. Settlement agreement shown as Exhibit "1"•
NOW, THEREFORE BE IT RESOLVED by the Firkin County Board of County
Commissioners that it does hereby approve, the Braun Ranch Settlement Agreement and the E,Y.hibits
thereto in 'the form attached to this Resolution and directs the Chairman and County Attorney to execute
and file with. the District .Court a Stipulation which complies with the requirements of said Settlement
Agreement.
NOTICE OF PUBLIC HEARING PUBLISgED IN THE ASPEN TIIti1ES on the l~`~ day of
July; ? 000.
~.
200 .
APPROVED Al'`lD ADOPTED on the 13`~ day of September, 2000.
PtTBLISHED AFTER ADOPTION IN THE ASPEN TTtiIES on~ the ~~ day of ,
ATTEST: '
/i _
R. ean; Clerk to the BOCC
APPROVED AS TO CONTENT:
.Cindy Houben '
Community Development Director.
BOARD OF COUNTY COIvMSSIONERS,
PITKIN COUNTY, COLORADO
B N i~ X77.1/<v~l~iT~ l
y ~ .; ~.' Chair ~ / ~`~
~f'~'N~
APPROVED AS TO FORM:
-~ ? r
Jahn Ely
C ttorney
p I,;g_gg / pID #26430940Q001 / lsuzannewipitkinlcaseslspecrev~braunlsettlement~setilenient reso
i j tllllli~llll1111111111111f1~1111
111!111 I~III ~1111~ I~tll~ ~ 4A RESOLUTI t~A1~I~ S~R~~
Q Q Q (~ ~.~ ._ 2 431430 02/ 13/Z001 10.0
~ _r ZA 'D a as n a . qa N 0.00 PIT><ZN CO~1N'fiY ~~ '
...
~.
-ra ~= ~N~Z c ~~~- -
SETTLEMENT AGREEMENT
This Agreement is made and entered into this 22nd day of January, 2001, by and between
Woody Creek Ventures, LLC, a Colorado limited liability company ("Woody Creek") and the
Board of County commissioners of the County of Pitkin (the "BOCC")
RECITALS
A. Woody Creek, as the successor to the St. Clair Company ("St. Clair"), is
the current owner of two non-contiguous parcels of land in Pitkin County, Colorado, which
together contain approximately 903 acres. Both parcels are described on Exhibit "A." The
"Main Ranch Pazcel" of 553 acres contains four legally established dwelling units. The
"Remote Parcel" of approximately 350 acres is undeveloped.
B. As the previous owner of the Main Ranch Parcel and Remote Parcel,
William Braun ("Braun") is a Plaintiff in the Civil Action described below along with St. Clair
as the initial applicants for development approval.
C. Pitkin County is a political subdivision of the State of Colorado. The
~ :. Boazd of County Commissioners of the County of Pitkin is its. governing~body.
D. On or about October 20, 1998, and with the consent of Braun as the then
owner of the Main Ranch Pazcel, St. Clair filed with the Aspen/Pitkin. County Community
Development Department an application for certain Land use approvals in order to subdivide the
Main Ranch Pazcel into Lots, of at least 35 acres in size for residential development. As originally
conceived, the project described in the application was to consist of 15 single family lots, 15
caretaker dwelling units, a ranch manager's. dwelling unit, 2 employee dwelling units and
.= a common equestrian and agricultural facilities. The number of single family lots and caretaker
dwelling units was subsequently reduced by St. Clair to 14.
«.. ,.
>~
... ~ z
.. ~ y ~ E. The application requested the following approvals: _
~ H
o F 1. 1041 :Hazazd Review and Conceptual Submission to establish building and
~ ~ ~ development envelopes. on each proposed lot.
a'm ~~
o ~ 2. GMQS Exemption to replace 4 legally established dwelling units
a
mz
~ ~ ~ 3. GMQS Exemption and Special review to designate certain lots as TDR receiver
n.~ ~ ~ sites. .
.r.. m c .
,N ~ 4. GMQS Exemption and Special Review to construct caretaker dwelling units and
', m employee dwelling units.
N ~ •
~ ~ m I ~ q . `
~ Y
~N(9
~ ~'~ ~ 4'31430 02/13/ ~~4 ; .
2001 10.04A RESOLUTI DAVIS SILVI
~~.. ~ ~ Q Q Q 4 % 3 of 30 R 0.00 D 0.@0 N 0.'00 PITKSN COUNTY CO
v r-
F. On July 14, 1999, the BOCC denied St. Clair's request for approvals as set forth
above.
- G. On August 13,1999, Braun and St. Clair filed a Complaint (Civil Action No. 99 CV
163, Diy. I} for (1} Rule 106 review, (2} Denial of Due Process and equal protection and (3)
Declazatory Judgment in the District Court for the County of Pitkin, State of Colorado (the "Court")
challenging the BOCC's denial.
I-I. After f ling the Complaint, St. Clair engaged in an extensive process of re-evaluating
the elements of its initial application in order to determine whether revisions could be made that
would satisfy the objections of the BOCC and allow St: Clair to pursue reasonable development of
the Main Ranch Parcel. St. Clair sought the advice and counsel of the Woody Creek Planning
Commission and, based thereon, prepared and submitted a settlement proposal to the BOCC on
January 12, 2000 (the "January 12 Settlement Proposal"). The revised project described in that
proposal addresses the concerns of both the BOCC and the Woody Creek Caucus Planning
Commission by reducing the number of unrestricted dwelling units to 10, restricting the size of those
units to an average of 10,004 squaze feet above grade, moving the access for the proj ect from Woody
Creek to Lower River Road and by committing to construct fully deed restricted affordable housing
units containing at least 17 bedrooms. The revised project is referred to herein as "Braun Ranch-2".
I. The January 12 Settlement Proposal and the specific element of Braun Ranch-2 were
considered by the BOCC at scheduled and noticed meetings on February 22, February 29, August
'~- 22°d, August 23`~ and September 13,'2000. The meetings of August 22°d, August 23`~ and September
13`h, 2004, were noticed by mailing, publication and posting. At these regularly scheduled meetings,
the public and ail interested parties were afforded the opportunity to provide comment on Braun
Ranch-2 and the January 12~' Settlement Proposal.
J. In addition to opportunity for comment at public meetings, the public and aII
interested parties have been able to review all maps, plats, consultant's studies and other information
submitted to the Aspen/Pitkin County Community Development Department in connection with the
initial .application and the January 12 Settlement Proposal.
K. On April 14, 2000, St. Clair assigned a1i of its right, title and interest in and to the
Main Ranch Parcel and the Remote Pazcel'to Woody Creek and Woody Creek acquired those Parcels
from Brauri on that date.
L. As a result of revisions to the initial development application as contained in the
January 12 Settlement Proposal, and on the basis of comments from the Pitkin County Planning
Commission and staff, the public, the Woody Creek Caucus Planning Commission and Woody
Creek,the BOCChas determinedthat.BrauriRanch-2 satisfies the objections raised on July 14,1999,
that Braun Ranch-2 complies with or satisfies all of the County's requirements and, criteria for the
OUOU4~
uiipnignipi inui ii iiimii iini in nigtm ini
-2- .._ -_. ... .
401430 02/13/2001 i0:04A R S L°Urt~~DAVIS SILVI
4 of 30 R 0.08 D 0.00 N 0.00 PITKIN COUNTY CO
approvals described below, and that the Court should enter an order causing the approval of Brauri
Ranch-2 as more particularly set forth below.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agrees as follows:
1. Consent Decree. The parties shall }ointly f le with the Court a stipulation requesting
that the Court enter a final order which has the effect of granting the land use approvals described
in Paragraph 2, below, for the project known as Braun Ranch-Z which consists of the following
elements:
a. Ten residential lots on the Main Ranch Parcel ranging in'size from 35 to 119 acres
in the configuration and with the development, building envelopes and road layout
as illustrated on the site plan attached hereto as Exhibit "B".
b. Ten lots on the Remote Parcel containing at least 35 acres each.
c: Four 3-bedroom single family detached affordable housing units, one of which will
be reserved for the manager of Braun Ranch, and four 2-bedroom units . in two
duplex buildings all: of which will be located on.Lot 11. The eight (8) units will be
owned and operated in accordance with the voluntary rental restrictions as described
. in Paragraph~A. i 0 of the. Conditions of ApprovaE referred to in Paragraph 3, below.
~._ .
d. ~ Agricultural and equestrian oriented buildings and facilities to be located on Lot 1 1.
2: Descrit~tion of Avt~rovals. The approvals to be granted by the Court for Braun
Ranch-2 consist of the following:
a. 1041 Hazard Review and Conceptual Submission to establish building and
development envelopes on each of the 10 residential Iots on the Main Ranch Parcel.
b. GMQS exemption to replace 1 legally established dwelling unit on Lot 4 of the Main
Ranch Parcel with a new detached residential dwelling unit (which may. contain the
maximum square footage allowed for any lot within the Main Ranch Parcel as set
forth in Paragraph A.I . of Exhibit C).
c. GMQS exemption for the construction of new dwelling units which may contain a
maximum square footage allowed for any Iot within the Main Ranch Parcel asset
forth in Paragraph A.1: of Exhibit C, on any three lots within the Main Ranch Pazcel
y upon the recording of a restriction requiring the preservation of 3 historic dwelling
units located or to be located on those lots within the Main Ranch Parcel.
ooou49
-3- ,~ ~ ,
~~ ~ _ w .
1111111 ~1I1111111i1111111111111111111 I I
481542 02/18/2001 il: 1'I 111111~I ~1111~~1 431430 0Z/23/2001 10:04A RESOLl~TI ORVIS SILVI
~ -~ ~a o a e-a n a AA00AAOAAEptDAi~Sr-nINTV ~n 3 of 30 R 0.00 Q 0.00 N 0.00 PITKIN COUNTY CO
d, GMQS exemption and special review approval for the use of Transferrable
Development Rights on any of ~ cement otr historic GMQS exempt o sazare not
which the above referenced repla
available..
~, GMQS exemption and special review to construct cazetaker dwelling units on
each of the 10 residential lots and far 8 employee dwelling units to be constructed
on Lot 11 of the Main Ranch Parcel and operated pursuant to the voluntary rental
restrictions as described in Exhibit C.
f. The establishment of vested rights (as defined Exhibit C, Section C) which shall
expire five (5) years from the date on which the Court enters the Order approving
Braun Ranch-2, as contemplated in Paragraph l,.above.
Y 3, Conditions of Ant~roval,. The approvals described in Paragraph 2, above,
are and shall be subject to the conditions as set forth in Exhibit "C" attached hereto and
incorporated herein by this reference.
4, Proiect Name Change,. The parties acknowledge and agree that the
Subdivision Exemption Plat and.1041 Hazard Review Site Plan, the Declazation of Protective
Covenants, the Development Agreement, the Design and Development Guidelines and related
documents which aze referred to in the Conditions of Approval may reflect a project name
s different from Braun Ranch-2 at the time of execution and recording.
~,
5, Enforcement.: Upon entry of an order granting the conditional approvals
set forth above, the BOCC shall have the same authority to enforce the approvals and require
compliance with the conditions as though the BOCC had adopted an ordinance of approval in
accordance with the procedural and substantive requirements of the Pitkin County Land Use
Code.
6, Costs and Fees.. Each party. shall be responsible far the payment of all
court costs and legal fees incurred by that parry in this action.
7, Release of BOCC Resolution 99-42. Upon recording of the Order of
Approval to be issued by the Court in the public records of Pitkin County, Resolution 99-42
(ReceptionNo. 436904 in the public records of Pitkin County) by which the initial Braun Ranch
application was denied shall be deemed repealed and of no further force or effect.
;~ .
~~~...'y
QOQU~~ 4
niiiniii ngii iniii g ipmii iini iii niii iiii ui
_... .... .~ 'I
!!1430 02/13/2001 10s04A RESOLUTI DAMS""SILVI
L' ~! 9A O A AA A /a AA U A AA eTTYTAI PAtI-17'V IAA
S
Executed in duplicate originals the date above first written.
WOODY CREEK VENTURES, LLC,
a Colorado lim' ed Liability company
Bye V
G. Sarpa, Manag~p{
William Braun
G:1ClientlWoody Creek VentureslSetttementAgreemmt
Y
OUOU51
111111 IIIII IIIII~ Ililll II IIIIl011IIIII III IINI IIII IIII
-s-
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY
Ch 'airman
Attest• .,~~%O
. , ,~ .~,
ee R. Dean, CIerk to the BOCC
~.
451430=02/13/7001 10:04A RESOLUTI DRVIS SILVI
7 el' 30 R 0.00 Q 0.00 N 0.00 PITKtN COUNTY CQ
1 fl#Ill 11111 Itllll 111111 Il 11111111 11111 111 !1!11,1111 IIII
431342 02/13/2001 11p00A ORDER DAMS SILVI
442348 04/14/2000 03:23P ,r=C WD DAMS SILYI g of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
4 of 4 R 43.00 0 2300.00 N 0.0@ PITKIN COUNTY L.
EXHIBIT "A" •
LfiGAL DESCRIPTION
PARCEL ! ~ •
Al! that part of Lots 2, 3, 4, 12, 17, i9, 20 and 21 of Section 9, Township 9 South, Range 85 West of the 6th P.M., ly~g
Easterly and Southerly of the following described I~ne~
e West Quarter Comer of said Section 9, thence S. 68 degrees 58 minutes 16 seconds E. 822.41 feet to a
Beginning at th
fence corner as constructed and in place;
thence N. 03 degrees 40 minutes 16 seconds ~ '385.83 feet along sabd fence to alneblar and cap in' piaceCe~
thence N. 23 degrees 14. minutes 57 second
thence N. 79 degrees 44 minutes 55 seco~dds E. 549.34 feet along said fence to a rebar and cap in place;
thence N. 30 degrees 51 minutes o9 sec
thence S. 43 degrees 59 minutes 31 sec~ndd5 ~: 718013 feet along said fence to aneold irondbarpoundan place;
thence N..30 degrees 37 minutes 08 sec
thence S. 39 degrees 55 minuses 49 seconds. E. 694.62 feet along said fenceoto aeebarand caprin place;
thence S. 49 degrees 17 minutes 04 se
thence S. 65 degrees 43 minutes 21 seconds E. 94 01 feet along saidfenceto aaebaaand~ appn p alce~~
thence S. 79 degrees 01 minutes 31
thence N: ~87 degrees 06 minutes 35 seconds .E. 269.89 feet along said fence to a rebar and cap in place;
thence N. 59 degrees 33 minutes 11 s
thence N. 45 degrees 41 minutes 47 seconds ~: 464.49 feet along said fence to anentersecion wt th a fence as constructed
thence N. 31 degrees 41 minutes 10 seco
~nd in pCace.
EXCEPT that portion conveyed out by document recorded December 22, 1977 in Book 340 at Page 851
PARCEL II
Township 9 South, Range 85 West of the 6th P.M.
Section 9:. Lot 16 and the NE 1/4 .NE 114
Section 10: Lots 10 and 11
PARCEL IEl
Lots 7, 8 and 9 in Section 9, Township 9 South, Range 85 Wesotrt~ estert{ of the followang described 3~e:and 6 in Section
10, Township 9 South, Range 85 West of the 6th P.M., lying N Y
' in at a oint on the South line of said Section 9 whence the cornet co 0 9 feeo Sections 9, 10, 15 and 16, Township
Beg~nn g p
9 South, Range 85 West of the 6th P.M., bears S. 89 degrees 10 minutes
thence N. 10 degrees 0 minutes E. 288.00 feet;.
thence N. 19 degrees 36 minutes E. 471.00•feet;
thence N. 36 degrees 15 minutes E. 1217.00 feet; .
thence N. 46 degrees 19 minutes E. 548.00 feet;
thence N. 34 degrees 01 minutes E. 524.2 feet; •
thence N•. 42 degrees 22 minutes E. 705.00 feet;
ce N. 38 de tees 15 minutes E. 160.00 feet and thence N. 52 degrees 33 minutes E. 512.00 feet to` the North line ao
hen 9
said Lot 3, easements described in Document No. 101920, _ ~ • ,
PARCEL IV O O Q u CJ ~
Township 9 South, Range 85 West of the 6th P.M.
A33430 02/13/Z@fa3 ia, n~rn . n~~~.._ . _ _... _ -
~ ~ ~~ ~ A AA A A AA -1 /A AA orrrfN r_rn1t~ITY CO
r
Section 9: Lots 5, 6, 10 and 11
~.ection 16: Lots 2, 3, 6 and 8
All of the above descrihed tract of land was originally patented as the S 112 SE 1/4, NW 1/4 SE 1/4 and SW 1/4 NE 114 of
Section 9, Township 9 South, Range 85 West of the 6th P,M.
EXCEPTING, however, al! that part of Lots 2, 3 and 8, Section 16, lying South and West of the Denver and Rio Grande
right-of--way and also excepting that portion of Lot 1, Eiam Subdiv!sion lying within subject proper•ry.
Section 9: All that part of Lot 13 lying North. and East of the Denver and Rio Grande Railroad right-of-way.
PARCEL V
Township 9 Sauth, Range 85 West of the 6th P.M.
Section 9: All that part of Lot 15 lying Northerly and Easterly of the Denver and Rio Grande Railroad right-of--way.
PARCEL V!
Township 9 South, Range 85 West of the 6th P.M.
Section 3: Lats 1, 2, 3, 4 and 5, SW 114 NE 114, S 1/2 NW 114
EXCEPTING FROM THE ABOVE: BRAUN SUBDIVISION, according to the Plat thereof recorded December 26, 1996 in
Plat Book 41 at Page 21.
442348 04/14/2000 03:23P Si°EC MlD bAV2S SILYS
g of 8 R 40,00 D 2300.00 N 0:00 PItKIN COUNT? Ca
{~005~
a
I IIIIII VIII IIIIII~IIIIII II VIII
45142 02/1~/z001 11:OOA ollllilllllllllilllllllll
a of 30 R 0.00 D 0.00 N 0.00EPITK2NS000NTY CO
... 1.. a .. a 9
431430'02/13/2001 10:04A RESOLUTi DAVIS StLVI
9 of 30 R 8.00 D 0, 00 N 0, 0@ i°ITKIN COt1NTY CO
~.
m
M5x
W
U'
2
R
~I
R
m
a.
0
{/Q
O
J
~o
~w
Z
J ,.
0
.~
i ~.
~.
.. r~S~e, :.,... ~.
`;~r 1..; ; ;~
'.~ ~'.... ~.r~.
~.'•:~i~ .'.
''ly` ~ ~ ' ' i.
:; ~,;
~}:" .~~
~f ~~ ~ '~
:ti..
~~;• ..~.
.J,''A~~ A•v
l~l _ _i,
s
0
~.
U
._
V
Z
i e °x `fig..
~ 39 ~7i
N
~~
s$"•~~
4. -~s~
N ~ vV
a
°o
~. e
m
a
<`ias$
~3,
~~p
~~~° i
w ~~
lU S v
'~
~~
s
~3a~
~°sr
3m~~g
g~ .,~
~.
a ~ +p
~y~aa
~ ~~
fi
zr. :i ~,
UOQ~S~
I
451430 02/13/2001 t0:04A RESOLtITI DAVIS SILYI
18 of 30 R 0.00 D 0.00 N 0.00 PiTKiN CeuNTY ce
!11111 IIlIII ll illlllll lull (llllllll Ill Ill!
Iillll Illll
4Sii42 02/is/2001 31:00A ORDER DAVIS SIl.VI
20 oP 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
n
+~ +
~0
~~~~~
~ ~~g
~~~~~~
~05 ~ ~g
~~~~~ ~
~~ ~ ~ ~~
~~ ~~~~~
8~
~ 1
t
~1
1
1 II W.V1 YN ~~YM, ~1/PA ~1'~y1b~ ~ .
~.~.~ ~ .. ~ ~~.n .~ .. I -T nrr ' 11 OM 'R 1~ TNYW Y _ ~ ~~ ~ ~ OOIq ~w0~ wa •u
1 4 11 wPl 'O r.~1Y1~o0D O.. ~VIlI111fWW
~ ~
~~.~ ~~jljL ~ ~ `
~~~-~ $~~~~ Y ~r
~i .. 1
ktr9~$ t
(~I~~7~
V
Q
st N
f ,
' ~ C
~ C
rN =
C
~~~
~_ -yi ~
~~d
_~ O 19
BOO
~~ ~ ~
~m 8
~~ m
B
~~c
~s N m
~~ m
'N ~
`m m
~N ~
'` ~t ~-
~ `Ifi~O
~ ~~
/ ~.
~~~
' u ~
/
a C~~ :~ %~
/~\ v~~
~ d'
~ / \~
^
> ~
/^~
/
~
Q ~ /
1~ ~~
i
g /(
R
~
~
y
~
no ~~
y~~ fi ,~; \\
~
j
~ SST
I
\
~
~ . v /
\
\
`
\
~
{ v
COQ'
cn ` \ ~~ ~~ \ ~ V
/
/ ~\ \ ~
,
\ ~ / ~ ( r~~ .
\ a ~{ o
/~~~
~ Jrl ,~.
} I (p f~
\ :., ~
~
~ / Y~\\\
/ t
v
<
~~~//~
..~.
~
~^~
~( ~s ~~ ci
\\ \ 9~/// ci ` Q
\ ~/ Q \ N
V '~ tD
~ /,:~-~ .
~ r ~-~
u ~ 1 ~+ ~ !
a { ~ d9 ~ t
IL__J~
NM 1...-~
S,_~
1 1 i~~ ~
~ ;! , ~
1 L J~/
~-~J
"' f ~ 'L _
sa tt
l ~ .w ) l ~/~%~/
i
V \ \ \ ~N ///~ /
~j
~~ \
~ /
/"
~~~/,/>
,~! ~ i
U! G'
-- ~ ooao5~ .
451430 02/13/2001 10:04A RESOLUTI DAVIS~SILVI
11 of 30 R 0.00 D @.00 N 0.00 PITKIN COUNTY CO
- ExHIBIT "C"
SETTLEMENT AGREEMENT BETWEEN WOODY CREEK VENTURES, LLC,
WILLIAM BRAUN AND THE
BOARD OF COUNTY. COMMISSIONERS OF PITKIN COUNTY
BRAUN RANCH-2 -CONDITIONS OF APPROVAL
~,, The following conditions shall apply to the Main Ranch Pazcel. As used herein, the
term "Applicant" refers to Woody Creek Ventures, LLC.
1. The aggregate building square footage of dwelling units on the 10 residential lots shall not
exceed 100,000 square feet together with, on a per unia a and such deck p rch and overhang
grade floor area; 750 sq. feet of above grade garage sp
areas as are more particularly described in Exhibit 1 to these Conditions of Approval. The
aggregate square footage (not including the allowed additions) may be distributed in the
fallowing manner: two dwelling units may cont he balance, no0dwellingeunit shall ontain
units may contain up to 12,000 square feet, and of t
more than 10,000 square feet. Cazetaker units may be constructed within the principal
residence on each lot or may be incorporated in a detached garage. The square footage of any
Caretaker unit shall be counted in determining the actual floor- area of any residential
dwelling unit on a residential lot.
2. Except for garages, existing agricultural buildings and historic structureswill not be .allowed
and other types of accessory buildings (including agricultural structures)
on any residential lot.
3; Within Lot 11 (the Common Parcel) the Homeowners Association and Tan~~aclit~es,
storage sheds, garages, stables, corrals and other customary farm
provided that the total square footage of all such buildings, shall not exceed 30,000 square
feet, and provided further that no single building may contain more than 17,500 sq. ft. and
that such structures are clustered and screened from view with landscaping to the extent
reasonable and practicable. Building sizes and the extent of clustering and land~oaPp ~g s aah
be reviewed in connection ~~ h 11 not angl to t e flo roarea of any affordable housing
~A.10., below. This lunrtat~on s PP Y
located within Lot 11.
4. Prior to recordation of the Subdivision Exemption Plat and 1041 H a ar ~Raelviasew ornPi ~d
the Applicant shall submit the following documents for review and pp
content by the Community Development Department and the County. Attorney:
a, Declaration of Protective Covenants, which shall include at a minimum:
1 Restrictions on development activity within the areas defined as Building and
C) Development Envelopes. _ ~ ' `~ ~ ~ r
...
Ill! 1111l1111111111111111Ill IillliIII II
1111111 "11111/2001 11:00A ORDER DAVIS SILV2
461430 02/13/2001 10:04A RESOLUTI DAYIS SILVI. 461642 02/16
i2 se aA a A AA n A AA M' A AA ATTKTN ~!AIIUTV rn 12 of 30 R 0.00 D 0.00 N 0.00 PI7KIN COUNTY CO
(2) Prohibition on placement of any access control equipment, gates or walls at
the entry to the subdivision off of River Road where such structures could be
viewed by the public from River Road.
(3) V~ildlife protection restrictions aad limitations on domestic animals as
identified by Rick Thompson of Western Ecosystems, Inc. in his report dated
September 24, 1998, except as amended below.
(4) Irrigated Lands Calculation: In calculating .the land area which shall be
irrigated, any land area devoted to irrigation ponds shall be included. as
.irrigated lands and, similazly, Land areas which contain underground utilities,
including septic tanks and leach fields, shall be included as irrigated lands
provided that the surface above such utilities is subject to the above
referenced agricultural easement. In the course of developing Braun Ranch,
irrigation. and crop production may be temporarily discontinued in order to
.accommodate the construction of roadways, driveways, the installation of
utilities, including septic tanks and leach fields, the installation 'or
construction of drainage structures, the construction of irrigation ponds, the
reshaping of land areas within development envelopes and the construction
of residential structures provided that the land azeas which are to be irrigated
for hay production or otherwise are reclaimed for such purpose within a
reasonable time after their disturbance.
~- ~ (5) Adoption of the Design and Development Guidelines by reference and a
requirement far compliance therewith.
(6) Establishment. of an Agricultural Easement, in which the Applicant shall
commit to irrigate, in perpetuity, at least 351..5 acres of land within the
boundaries of the Main Ranch Parcel whether or not such irrigated lands are
within development envelopes or building envelopes. The foregoing
notwithstanding, the Homeowners Association with the consent of individual
lot owners subject to the Agricultural Easement may remove portions of
hayfields . from hay production for the sole purpose of planting and
maintaining stands of native trees or meadows containing native wildflower,
shrubs and grasses. ~ This commitment shall satisfy the requirements of
Section 3-70-060(C) of the Land Use Code, which requires preservation "of
at least 95% of the acreage historically available for human food production,
or hay, grain and other feed crops for livestock:" As of the date of this
approval, 370 acres of the. Braun Ranch hive been and continue to be irrigated
for hay production. The easement shall run with the Land and shall be
enforceable by Pitkin County.
OOOt~S i
.~ .
451430 02/13/2001 10.04A RESOLUTI..DAVIS SILYI 4SiS42 02/13/2001 11:00A ORDER DAVIS SILYI
~'~ + ++ + + ++ •• + w+ A~Or/tV AA11-/TV AA •A ~I~ 4A e A AA A h .AA -1 A AA slTYlt/ AAIIUTV AA
(~) Deed restriction precluding further subdivision, increase in dwelling unit density
and/or development of the Main Ranch Pa1'c see of ptransfenraeble developmen
development of affordable housing or .the
.rights. .
g Deed restriction protecting the area above the Salvation D e h ex tiding utilities,
()
Parcel, as wildlife habitat, ir1 which development is prolub xisting ditches and
maintenance or upgrading of agricultural facilities (e.g.
stems and access roads far same) and maintenance and upgrading of
irrigation sy
the existing ranch roads.
9 Specify the provisions 'of the Covenants that are enforced blTOby~th~ 1 ~g ~e
() that cannot be modlfied or amended without County pp
requirement for compliance with the Design and Development Guidelines.
for a e etual waiver of any right to claim an agricultural
(10) A provision providing p ~
exemption from Pitkin County property taxes for each of the 10 residential lots
which automatically takes effect, on afarnibl residence on su h lots~Ce of a
certificate of occupancy for any single Y
~~. ,
(11) A provision requiring that, within a reasonable time following issuance of a
certificate of occupancy for the principal residence on~etso -~ (uestion shall
historic structures or caretaker units), the Owner of q
prepare and record ari amendment to the Plat which reduces the building
envelope to a maximum of two (2) acres.
b. Development Agreement. The Development Agreement shall require that Applicant
i.e. letter of credit) to assure the timely completion
.provide adequate financial security (~
hs A.l 0, 11 and 12 below. The financial
of the affordable housing required by Paragrap building permit for unrestricted
security shall be provided prior to the issuance of any
residential lots.
Desi and Development Guidelines. Such Guidelines shall contain a eateanmdelnt onf~ndt
c. ~
to require landscaping on each resldential lot which is designed,
so as to screen, to the extent practicable, the view o eraslreden~mstru for submis on of all
Highway 82. The Guidelines. shall also mcorporat q
. architectural and landscaping plans which require the approval of the Design Review
en/Pitkin County Community Development Department for review
Committee to the Asp
and comment prior to any action by such committee.
k ~ ~ h A.28 and B.3 of these Conditions of
d, ~ Trail easement which complies with Paragrap
Approval.
oooo~~
X111
I 04A RESOLUTI DAVIS SILVI
453430"02/13/2001 10:
. _ _ __ ~ ~ „s ~ ~, n,n, u a as PiTKiN COUNTY CO
-3- ~ F . .
.. 1111 II Illltlll Illii Illllllli III I1
I Itllll 1!111 111111 I~ il;@0A ORDER DAViS .SILVI
431042 02/35/200
14 of 38 R 0.00 D 0.00 N 0.00 PSTKIN COUNTY ~
e. Subdivision Exemption Plat and.104I Hazard Review Site Plan.
5. The Applicant shall submit a Subdivision Exemption Plat and 1041 Hazard Review Site Plan (the
"Plat") to the Community Development Department for approval as to form and shall be
• recorded prior to submission of any earthmoving, access, ISDS or building permit applications.
The Plat shall also be submitted in digital format for integration into the County's GIS system.
The mylar copy of the Plat must be signed by the owner prior to submittal for recording. The Plat
shall be modified as follows:
a. Identify the irrigated lands that are subject to the Agricultural Easement and the protected
wildlife habitat. .
b. Identify the approved building and development envelopes and driveway corridors.
c. Establish a 200 foat setback between the building envelopes on Lots 6 and 7 and the
undisturbed native habitat areas.
d. Identify the access easement for the access from River Road.
e. Provide signature blocks for .the Chairman of the Board of County Commissioners and
the owner, and an Acceptance for Recording block for the. Clerk and Recorder.
f. Include the following disclaimer on the site plan: "1041 environmental hazard areas
~, exist that might affect the property, any improvements, and the use and occupancy
thereof."
g. Include the location, dimensions and design of a detention basin and run off channel
on Lot 7.
h. Delineate a building envelope on Lot 1 I to accommodate all structures on that lot,
excluding the affordable housing site.
6. Concurrent with recording of the Plat,.the Applicant shall record the following documents:
a. Declaration of Protective Covezlants containing the required Agricultural Easement
wildlife habitat provisions, restrictions against further subdivision and/or
development and reference'to the approved Design and Development Guidelines.
b.
c.
OOt1059
Development Agreement.
Trail easement which complies with Paragraphs A.28 and B.3 of these Conditions of
Approval.
.. ~ ~F
~St43 /13/2001 10:04A RESOLUTI DAYIS SILVI
0 02 _ __ .. „ sa at'tKiN COUNTY CO
~ ~r~~~~ ~~~~~ ~~~~~~ ~~i~ir ii i~~r~~i~ ~~~r~ ~~~ iiii~~ i~~~ viii
4SiS42 02/is/2001 11:00A ORDER DRVIS SILVI
13 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
7.
8.
9.
the Applicant shall prepare and submit
Prior to commencement of infrastructure and utilities,
e Coun Engineer for review and approval a Construction Manangem is of construction
to th tY
include a construction traffic mans ui ements~fo r ontracgorsf and equipment, as well as
traffic, deliveries and parkuig q
construction traffic signage .and control.
ermits for the development, the Applicant shall. submit an
Prior to submission of any p En eer
a lication for an access permit for the common road improRvoe a ~ the h ~~ o fie ~vel
Pp off River
forreview and approval, including the new entry rofiles of all of the proposed internal road
Pit. The access permit shall include plans and p _
improvements which will be consistent with previoue standards and requ~em.ents of the
Engineer. All. road improvements shall.comply with th
County and the Aspen Fire Protection District, and shall b the Braun Ran h. to issuance of
building permits for any new residential dwelling units on
Submit an overall fugitive dust control plan foclude measures to insure that durst
Environmental Health Department. The Plan shall ui
does not become a nuisance or blow onto adjacent properly.
e and erosion control plan for review and approval by
Submit a detailed grading, drainag
the County Engineer Said Plan shall address at a minimum sedimentation control
dig grading and construction activities, and on-site retention.
Prior to submission of any earthinoving permits for the development, the Applicant shall:
a.
b
10, Within 60 days after recording a Subdivision Exemptaona 1 lication for the subdivision and
plan for the Main Ranch Parcel, Applicant shall file pP
rezonin of the Affordable Housing Site on Lot l 1(as defined of ofor the de selopmentiof 8
g _
for subdivision approval .in order to create a separate lot o
affordable housing units and to accommodate the subsen~ ~ all ?information required by the
qualified tenants or purchasers. The application shall co en/pitkin County
Pitkin County Land Use Code and the "Housing Guidelines" of the~~g and access plan
the "Housing Authority") including a site plan, p
Housing Authority ( dwellin units and four 2-bedroom dwelling
and floorplans for four 3-bedroom single i anlt shall execute an aclrnowledgment that the
units in duplex configuration. The App
lication for rezoning and subdivision cannot be withdrawn le and customary conditions
app
as submitted. The BOCC shall be entitled to impose r lasoann~' which consent will not be
on any such approval with the consent of the App
unreasonably withheld. Ownership of the S dwelling units will be transferredVUPbe
an in which the Housing Authority
completion to a Colorado limited liability comp Y o Merest. The
issued have the option to acquire an undivided 1e10llOf of 1 % of the estimated cost to
. purchase price for the membership interest will b
the ei ht units as reflected in the Development Agreement referred to in parag7`aph
construct g
000060
~I
41430 02/13/2001 10:.04A RESOLUTI OpVIS SILVI
..__. _ _ _~ .- -._ 1111111111111111
IIIII IIIItI 11 lllllill IIIII ~=S SrL~I
{ 111111'1111 /2001 11; 00A ORDER DA • COUNTY .CO
4010421Q2p1A am D 0.00 N 0.00 PITKIN
A.4.b., above. Ownership, operation,. rental and resale of the units will be governed by an
affordable housing deed restriction to be executed by the owner of the 8 units and recorded
prior to the issuance of any building permit and. also by the terms and conditions of an
Operating Agreement among the members of the ownership entity both of which shall
incorporate or provide for certain operating principles as set forth in the proposal attached
hereto and incorporated herein as Exhibit 2 to these Conditions of Approval. It is the intent
and understanding of the parties that the provision of Affordable Housing, as stated herein,
is an essential component of thin Settlement Agreement. Accordingly, the BOCC and the
Applicant, for themselves,. their successors and assigns, waive any right that they may have
now or in the future to challenge the affordable housing deed restriction on the grounds that
it violates the provisions of CRS §38-12-301. Furthermore,. neither. the BOCC nor the
Applicant shall undertake or support any legal action which would or could have the effect
of invalidating the affordable housing deed restriction on those grounds. This restriction
shall apply to any and all successors and assigns of the Applicant in ownership of the
affordable housing units to be~ developed pursuant to this provision and to the BOCC,
APCHA or any other party to ar beneficiary of the affordable housing deed restriction. In the
event of any Legal action in contravention of this provision, the parties acknowledge that
there may not be an adequate remedy at law and that the non-breaching party shall be entitled
to assert this provision in support of and to obtain :injunctive or other equitable relief to
prevent the breaching party from asserting a violation of CRS §38-12-30I.
11. Subject to rezoning and subdivision as provided in paragraph 10 above, Applicant shall
construct affordable housing containing at least 20 bedrooms in the following configuration:
.. four 3-bedroom single family units and foul 2-bedroom units in duplex configuration.
Except for the Ranch Manager's unit, the. affordable housing will be constructed in the
abandoned gravel pit along the westerly boundary of the Main Ranch Parcel, adjacent to the
.Denver and Rio Granderight-of--way (the "Affordable Housing Site").The Ranch Manager's
unit will be constructed in the vicinity of the Common Facilities as described in Paragraph
A.3, above. The Ranch Manager's unit shall be restricted to category 4 rental rates and/or
sale prices as specified in the Housing Guidelines and the remaining employee dwelling units
shall be restricted at a minimum to the Category 3 rental rates and/or sale prices as specified
in the .Housing Guidelines. Floor plans of the units shall be provided to the Housing Office
prior to issuance of building permits. Except for the Ranch Manager's Units, the employee
dwelling units shall be limited to a maximum of 1;500 net liveable square feet each. The
Ranch Manager's Unit shall not exceed 3,000 net livable square feet.
12. Within two years after recordation of the Plat, the Applicant shall have completed
construction of and obtained a certificate of occupancy for the Ranch Manager's Unit on the
Common Parccl. The remaining affordable housing units shall be completed prior to or in
conjunction with construction of unrestricted dwelling units. At least one of the restricted
units shall be completed and the certificate of occupancy shall have been issued prior Lo the
certificate of occupancy for each of the unrestricted units until such time as all restricted units
0 ~ 1 -6- . ~ ,
000 .;,v=~~~ ..:F ,
f
{ - ~-~ 111111111111II IIIIII II IIIIIIII lilll ICI iillll III lill
I II d I ill / 10/2001 li : 00A ORDER DAVIS S=LYi
30 02/13/2001 10.04A RESOLUTI DAVIS SILYI_ 431342A02e ~ Aa n 0.00 N 0.00 PITKIN COUNTY CO
have been completed, provided, however, that all restricted units shall be completed and
certificates of occupancy shall have been issued no later than September 13, 2005.
rior to submittal of an ISDS permit far each lot, the owner shall provide documentaartment
13. P
• adequate quality and quantity ofwater from- a well to the Environmental Health p
The well must lie located within a building or development envelopes. Well sharing shall
be allowed.
14. For all lots that are Receiver Sites for transferable development rights ("TDRs") and Prior
to submission of any building permits, each lot owner shaent ev den~ng the sale or transfer
Certificate of TDRs and a recorded deed or other ass grim
of the Certificate to the lot owner. The number of Certificates required for each designated
Receiver Site shall be based on the floor area of the resident~iae firs Cert fi ate shal allow
thereon, including additions following initial construction. rovided in
5,000 sq. ft. and each additional Certificate shall allow 2,500 sq. ft... As p
the first 754 sq. ft. of
Paragraph A.1, above, the first 4,000 sq. ft. of sub-grade floor area,
abave grade garage space as well as certain decks, porches and overhangs may be constructed
without the necessity of obtaining a Certificate. The foregoing square footage "value" of
Certificates shall be effective during the vested rights period as described in Paragraph C,
below, and thereafter unless such value is revised by amendment to the Pitkin County Code.
15. Prior to building permit application, the owner of each lot shall: .
~, ~ ~ a.. Obtain approval of an ISDS permit from the Environmental Health Department.
Septic systems shall be located within the approved building or development
envelopes and must comply with the setback requirements from surface and
groundwater sources. A qualified professional engineer must design the system.
b, Obtain afireplace/woodstove permit from the Communit}' Development Department.
c, Obtain an access permit for each individual driveway, which svha 1 comdor designated
County Engineer. Driveway shall be located within the drive y
on the Plat. If the driveway exceeds 30 inches above ar below natural grade within
the setbacks, the owner shall submit and the Board of Adjustment shall consider a
variance application prior to issuance of the access permit.
d, Submit a site specific drainage plan for review and approval by the County Engineer.
Said plan shall address positive grading away from the residence, diversion of up-
slope water from the building site, and on-site.detention of flows from roofs and
other impervious surfaces.
Submit a fugitive dust control plan for review and approval by the Environmental
e.
Health Department.
~Q~~6G ~ -7- -'
_ ....
1111111 IIIII l11111111111.II IIIIIIII 1111! III Illlll Ill 1111
I 4Sis42~02/is/2001 11;00A ORDER DAVIS SILVI
451430 02/13/2001 10:04A RESCLUTI DAMS SILVI i$ of 3@ R 0.00 D 0.00 N 0.00 tITKiN COUNTY CO
f. If applicable, submit to the Housing Authority for recording a caretaker dwelling unit
deed restriction. The caretaker dwelling units shall be limited to a maximum of 700
net livable square feet. Floor plans of the units shall be provided to the Housing
Authority prior to issuance'ofbuildingperrnits.
g. Provide a trip generation study if the unrestricted residential structure exceeds 5,000
gross square feet for review and approval by the County Engineer, unless Applicant
has previously provided the County with a trip generation study for the Main Ranch
Parcel which is based upon .the maximum build-out potential of each lot. The
individual lot or Main Ranch Parcel study shall be developed by a traffic engineering
consultant hired by the owner and pre-approved by the County Engineer.
I6. , The proposed development is exempt from the exactions in the Pitkin County Land Use
Code for parks/recreation/ open space and school land dedication, however, the Applicant
has voluntarily agreed to make certain contributions, based on the regulations currently in
effect. Therefore, prior to issuance of any building permits, the owner of each residential lot
shall:
a. Make a cash payment of $1400 to the County in lieu of dedicating Land for
pazks/recreation/ open space.
b. Make a cash payment of $300 in lieu of dedicating land to the Aspen School District.
~~
'- c. Pay the applicable Raad Impact Fee.
17.. ~ Prior to or concurrent with issuance of the Certificate of Occupancy for the unrestricted
residence on each lot, except the Common Parcel, the Certificate of Occupancy for any
caretaker dwelling unit on the lot shall also be issued.
18. The following wildfire mitigation standards shall apply to all lots:
'a. Trees shall be planted at least i 0 feet from any structures.
b: Roofs shall have a Class A, non-combustible roof system. Wood shake/shingle roof
coverings and flat roofs (up to a 4:12 pitch) are prohibited in all wildfire hazard areas
unless otherwise allowed by the Aspen Fire Protection District.
c. Vents shall be screened with corrosive resistant wire mesh with mesh 2/4 inch
maximum.
d. Roofs and gutters shall be kept cleaz of debris.
e. Yazds shall be kept clear. of all litter, slash, and flammable debris.
~ ~
OU~06 i -s- '' S
i. Y y
{_
I{ .. .~.._.... 5 ~ ~ .~
1 .... ..... .. .......__.... ~ ti ~ { .x, :.
45343@ 02/13/2001 10:04A RESOLD I ~'~~~~ ~'ll~ "tl~' I~~~~I I~ ~~I~~'~t ~I~~~ ~~I'~~~~~ ~~~ ~~~~
_ _ _ __ .. _ __ _TI. DAVIS.,SILVI_ 451542A02/15/2001 11A00A ORDEReDAVIS SILVI~ ~.-
f. All flammable materials shall be stored on a parallel contour a minimum of 15 feet
away from any structure.
g, Weeds and grasses within a 10 foot perimeter of all structures shall be maintained to
a height of not more than 6 inches.
h. Firewoodlwood piles shall be stacked on a parallel contour a minimum of 15 feet
away from the structure. .
i, Swimming pools or ponds shall be accessible to Fire Department vehicles.
j, Fences shall be kept clear of brush and debris.
k, Wood 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 ~~e ttaz~ shall be co structed
any above-ground tank. Any wood enclosure around
with materials approved for 2 hour fire-resistive construction on the exterior side of
the walls.
n, Each structure shall have a minimum of ~ one 10 pound approved ABC fire
extinguisher placed in~a visible and accessible location.
o. ~ Addresses shall be clearly marked with 2 inch non-combustible letters and shall be
visible and installed on anon-combustible post.
p, New utility lines shall be buried within or along roadways.
2 9, All structures shall comply with the standards and requirements of the Aspen Fire Protection .
District.
20. .The owners of lots 5 and 7 shall comply with the following standards for development on
slopes of greater than 15%:
a, Adequate mechanical support shall be provided for cut slopes.
r b; Adding water which may decrease slope stability shall be avoided.
c, Adding weight to the top of the slope shall. be avoided.
1I Ittl
451430 02/13/2001.10:04A RESCLUTI DAMS SILVI.
-9- - :. k . ; t ..
~~~
11!11111111 ll IIlillll II111 III I11l111~~11 flll
11111111111
431342 02/13/2001 21;00A ORDER DAViS StLYi
2A e0 3A R A.AO D A.AR N A.00 PZTKiN COUNTY CO
d. Disturbed slopes must be contoured sa that they can be revegetated.
e. Steepening of existing slopes shall be avoided.
f. Cuts, fills, grading and excavation shall be confined to the minimum area needed for
construction.
21. Prior to submission of building permits far development on Lot 10, the owner shall submit
a site specific debris flaw mitigation plan for review and approval by the County Engineer.
22. No variances to the area, bulk and height requirement ofthe RS-20 zone district are approved
• as part of this review.
23. The Applicant and lot owners shall comply with the following provisions regarding irrigation
ditches: . .
a. Grant access to irrigation ditches to ditch owners.
b. Construct buildings uphill of irrigation ditches unless a ditch is culverted.
w
c. Design Land uses to avoid. flooding problems from flood irrigation.
d. Place basements and soil absorption sewage disposal systemsin locations where they
will not be impacted by flood irrigation or seepage from irrigation ditches.
24. The historic structures on the site, (the "Old Cabin", the "Newer Cabin" and the Braun
Residence) shall be preserved; and restored as necessary,. either in their existing locations or
as relocated within one of the approved building envelopes on the Main Ranch Parcel. The
preservation restriction shall be subject to review and approval as to form by the Historic
Preservation Officer prior to recording.
25. No development, including grading, .excavation, fill placement, landscaping, vegetation
removal or disturbance, septic system and well, shall occur outside of the approved building
and development envelopes, except agricultural and .ranching uses and activities (including
replacement as ,provided in Paragraph A.4.a(6), above), the use of equestrian, mountain
biking and hiking trails, recreational activities, improvements to the existing ranch roads,
~utiiity and driveway~extensions, maintenance and construction ofthe new entry offofRiver
Road; installation of access control equipment, gates or walls at the entry to the development
off of River Road, and .to reclaim the gravel pit. Construction and development activity
within the development envelopes shall be limited to landscape planting, irrigation and hay
or other crap production, irrigation ponds, grading, drainage improvements and underground
utilities, including septic tanks and Leach fields.
00~1U65 _lo_
4E1430 02/13/2002 10:048 RESOLUTI DAVIS SILVI
7~ -! 7A s A AA w w ww •~ w w~ war..... __....~.. _~
.~:
.... ~ .3~i~~_~ r ~ h•"••~. 4°i
I lillli 111111 II lllltlll 11111 ~~I il~ll~ ~~ IIII
illlll 1111
4Sis42 @2/13/001 12:00A ORDER DAVIS SSLVI
_ . . _„ w A ~,~ n A AA N 0.00 PITKIrI COUNTY CO
eas disturbed by construction of access drives and installation of utilities shall be revegetated
26. Ar
no later than one growing season after completion of work.
27, Tile area of and surrounding the abandoned gravel pit shall re-graded and revegetated subject to
approval by the County Engineer and the County Land Manager, concurrent with construction
of the main entrance and the affordable housing.
28. The Subdivision Exemption Plat and 1041 Hazard Review Site Pl h Pail el which connecsuthe
and dedication of a ten foot (I0') wide trail through the Maui Ran
Q t-of-wa alon the westerly boundary of the Main Ranch Parcel to
DenveraniiRioGranderiDh Y g oftlieMainRanchParcel.Use
the existing primitive road on BLM Land on the easterly boundary ~ and the trail will not be
of the trail by the public shall be limited to hiking and ,mountain biking
paved. Except for the owners of lots within the Main Rancdhvehicles ortcommer ia1 uses shall
their families, invitees and guests, no horses, dogs, motorize
be allowed on the. trail. The detatled terms and conditions oe shall be set forth in a trail asement
County to provide indemnification and insurance coverag
to be executed and recorded simultaneously with reco ~dingn flofcthean~ ~ ~ concerns duet use
County and the Applicant aclrnowledge the potential fo a ees to reevaluate the appropriateness
of the trail by mountain bikers. Accordingly, the County gr
of allowing mountain bike use on the trail at the request of the Applicant or future Iot owners.
to conformance with the
29, The Applicant is not required to submit annual reports attesting
.. ~ conditions of this approval, nor is the proposed use requirederothe S ecial Resew provisions m
the date of this approval, as would otherwise be requued un P
the Land Use Code.
30. The Applicant shall adhere to all material representations n de theinitialaapplicati Hoot the
3anuary 12 Settlement Proposal, or in public meetuigs to co
.January 12 Settlement Proposal, and shall consider those representations to be conditions of
approval, unless amended by other conditions.
• 1, Exterior lighting shall comply with the County's hghtmg regulations in effect at the time of
3
installation.
B. The following conditions shall apply to the Remote Parcel. As used herein, the term
"Applicant" refers to Woody Creek Ventures, LLC. .
60 da s after recording the Plat for the Main Ranch Parcel, Applicant.shall
„1, No later than sixty ( ) Y
• file an application for the rezoning of the Remote Parcel from RS-20 to R and Usa Code. The
application shall contain all information required by the Pitldn County cannot be
Applicant shall execute an acknowledgrnent ~~e~ ,fie BCC shall bezenti Igd t° unPose
withdrawn and a consent to its approval as subrru
QOQU~~
I 0 02/13/2001 10:04A RESOLUTI DAVIS SILYI
43143 _ _ _ _ -- _ _ -- ., A AA o*~~+u nAt~6lty rA
~~ 1
~ .x d.: , ~~.. .. ...
~( II{II Illll! 111111 {!~ 111!1!11 Illfl ill 1!1!!11 II {!!{
(IIIII 00A ORDER DAVIS SILV2
gSis42 02/iS/2001 11:
22 of 30 R 0.00 D 0.00 N 0.00 PiTKiN COUNTY ca
reasonable and customary conditions on such approval with the consent of Applicant, which
consent shall not be unreasonably withheld.
2. No more than 3 rural and remote cabins shall be allowed within the Remote Parcel. Any
' application for the approval of a Rural and Remote cabin shall be required to satisfy all of the
applicable requirements of the Pitkin County Land Use Code including the requirements of the
Growth Management Quota System. No approval for such cabins should be inferred or implied
from the -approvals granted for the Main Ranch Parcel. Applicant shad be entitled to apply for
TDR Certificates for that portion of the Remote Parcel not utilized for Rural and Remote cabins
which Certificates shall, to the extent required by Applicant, be utilized in connection with
development of the Main Ranch Parcel.
3. At the time of recording of the Subdivision Exemption Plat and 1041 Hazard Review Site Plan
referenced in Paragraph A.4., above, Applicant shall provide the BOCC with a ten foot (10'J trail
easement through the Remote Parcel which follows the alignment of an' existing primitive
roadway connecting BLM land on the easterly boundary of the Remote Parcel to US Forest
Service Land on the westerly portion of the Remote Parcel. Use of the trail by the public shall
be limited to hiking and mountain biking and the trail will not be paved. Except for the owners
of lots within the Main Ranch Parcel or the Remote Parcel and their families, invitees and guests,
no horses, dogs, motorized vehicles or commercial uses shall be allowed on the trail: The
detailed terms and conditions of such use and the obligation of Pitkin County to provide
indemnification and insurance coverage shall be set forth in the trail easement. The County and
t .: the Applicant acknowledge the potential for conflict and safety concerns due to use of the trail
- by mountain bikers. Accordingly, the County agrees to reevaluate the appropriateness of
allowing mountain bike use on the trail at -the request of the Applicant or future Iot owners.
4. The Applicant shall adhere to all material representations made in the initial application, the
January 12 Settlement Proposal, or in.public meetings to consider the initial application or the
January 12 Settlement Proposal, and shall consider those representations to be conditions of
approval, unless amended by other conditions.
5. Exterior lighting shall comply with the County's lighting regulations in effect at the time of
installation.
~Q~3~5 i
I I
dR1d~A of?/13/2001 i0~04A RESflLUTI DAMS SILYI
-12-
i iuginiii ngii Ilona iiim~n~~ iipi ini
~..
C. Right to Develonment/Vested Proverty Rights.
1, Woody Creek Ventures, LLC ("Developer"} shall have the right to undertake and complete
development of Braun Ranch-2 and the facilities to be located thereon in accordance with the
approvals described in Paragraph 2 of the Settlement Agreement between Developer, William
Braun and the Caunty (the "Settlement Agreement") and to use, occupy, sell, encumber ar lease
Braun Ranch-2 and its facilities subject to the foregoing Conditions of Approval. Such rights
Shall vest in the owner of Braun Ranch-2, and its successors and assigns, as benefits which shall
run with title to the land. The Final Subdivision Exemption Plat and 1041 Hazard Site Plan, the
Declaration of Protective Covenants for Braun Ranch-2, the Settlement Agreement and the order
of the District Court entered pursuant thereto constitute a "Site Specific Development PIan"
pursuant to C.R.S. § 24-68-101, et seq.
2. The development rights and uses described above are vested for a period of five {5) years from
the date on which the District Court enters .an Order granting the approvals for Braun Ranch-2
as described in Paragraph 2 of the Settlement Agreement. During the vesting period, Developer
and/or its successors or assigns shall not be subject to any addition, modification or amendment
to the Land Use Code or to any other regulation not in effect on the date of vesting which
imposes restrictions or limitations on the use of land which .are inconsistent with the approvals
described in Section 2 of the Settlement Agreement and in these Conditions of Approval, and in
particular, additions, modifications or amendments to the following provisions of the RS-20 and
Rural and Remote Zone Districts in effect on the date of this Agreement (all terms are as defined
in the Pitkin County Land Use Code, unless otherwise noted): (1) allowed and prohibited uses;
(2) minimum and maximum lot size; (3) road, property or stream setbacks; (4} requirements
related to grading and fill placement; {5) preservation or creation of scenic view planes; (6}
regulations concerning development on steep slopes; (7) solar access; (8} drainage, erasion,
sedimentation and water supply; (9) regulations conceming azeas or activities of local and state
interest, 1041 Environmental Hazard areas, including flood plain hazard areas or historic and
archaeological resource areas; (10) wildlife habitat areas; (11) pazking; (12) trails; (13) lighting;
acts on taxes and management of necessary services; (16) development
(14) signs; (15) imp wth management regulation or
exactions, including those for, affordable housing; (17) any gro
ordinance; (18) any Planned Unit Development or Subdivision regulation or ordinance; (19)
minoruses; (20) regulations and. ordinances related.tonon-conforming uses; (21) building height;
(22) character of building materials, (23) provision for essential services; (24) maximum floor
area, or the calculation thereof (and in particular the provisions Paragraph A.1 and A.14 of these
Conditions of Approval); .(25) pets and domesticated animals; (26) mineral exploration; (27)
29) satellite dishes, whether used for reception,
mass transit; (28) Provision for public facilities; ( owth mana ement system
transmission or both; (30) temporary uses; (31} wetlands; (32) gr g
regulations; and (33) regulations relating to transferrablead helPo~m1 ntE ~~ f tr the foregoing,
use of transferable development rights on the Mam R
4si430 02/13/2001 10:04A RESOLUTI DAVIS SILVI
24 of 30 R 0_A01 n a ~~ ~ ~ AA --_..___
-13-
:; ,
` o . ~ ~ ~..
~~~ - il1i1111111111111111111111111111 IIII
1111N11111~ 1'1111 I 11:00A QRDER QAVIS SILYI
831342 02/13/2001
,,, _ „ ,,,, s ~ ee n a as u A A01 PITKiN COUNTY CO
Developer and/or its successors or assigns shall be subject to other regulations and laws of general
applicability and for the t~reservation ofoublic health and safety as provided in CRS 24-61-101,
et. se .adopted during the vested rights period.
3. ~ Notwithstanding any other provision of this Agreement, no provision hereof shall be construed
. to exempt Developer or any future owner or owners of Braun Ranch-2 from the necessity to
obtain building permits or other necessary pernuts or approvals, nor shall any provision hereof
be construed to preclude the application of the Unifozm Building Code, Fire Code, Plumbing
Code, Electrical Code, Mechanical Code, or other requirements reasonably necessary for the
protection of the public health, safety and welfare.
F:1Ctient\Woody Creek Vontures~Setttement Agreement - Condtions ofApprovat -Braun Ranch Exhibit C.wpd
~:.,
ooo.osg
' !I Ili
..1430 02/13/2001 10.04A RESOLUTI DAVIS SILVI
of 30 R 0.00 D 0.00 N 0.00 PITK2N COUNTY CO
A'
_14- ~ l lllllllllll llllll 111111II IIIII111 IflII Lrf~lll~Itll Il11
E DA173S= SIL• yV~~
4Sis42 02/ls/2001 11.00A ORD R
__ __ _ _ __ .. . .. .~ w Ah s*TV~tI wArulTV AA
...: _.::. __ . _ ~ illy tlllll IIII[I It Iiltllll IIIlI Ill illlllly
! I Ililll 1
' 281of2302R10,00~D 01000N 0~00RPITKIN COUNTY CO
4~ 1430 02/13/2001 10:04A .RESOt.UT2 DAMS SILVI
2!~ -f 30 R 0.00 D 0.00 N 0.00 PiTKIN COUNTY CO
. ~ EXIiIBIT 1 TO EXHI$IT C
FLOOR AREA means the sum of the gross horizontal surfaces of each floor of a building or
structure. In calculating floor area, the following rules apply:
A. General: In measuring floor area, alI dimensions shall be taken from the outside face of
framing or other primary wall members or from the center line of walls separating adjoining units of a
building or portion thereof. Veneer facades up to eight inches in thickness shall be excluded from the
calculation of floor area; that portion of a facade which exceeds eight inches shall be included. Fireplaces,
elevators, stairs and similar features are included in the floor area on each Hoar.
B. Roof Overhangs and Decks: The floor area of a building, or portion thereof, not provided
with surrounding exterior walls shall include the area under the horizontal projection of roofs or floors,
when the roof or floor exceeds five feet (5'). These architectural projections are exempt for five feet (5'}
of the perimeter of each story of the structure. Architectural projections may project up to ten feet (10')
and still be exempt, so long as the total perimeter space for a floor is Less than or equal to the total area
allowed for the five foot (S') exemption. This exemption cannot be used to transfer space between floors.
' C. Decks, Balconies, Stairways and Similar Features: Structures that exceed~thirty inches
(302) above natural or finished grade, and that are not covered by a roof or architectural projection from
a building, are exempt from floor area for up to fifteen percent (15%) of the maximum floor area allowed.
Any areas in excess of fifteen percent (15%) shall be counted toward floor area.
D. Spaces BelowNatural Grade for Principal Single-Family and Duplex Residences: Spaces
below natural grade, up to a maximum of twenty feet (20') in depth and which include no more than a
single story, aze exempt from floor area calculation up to a maximum of four thousand (4,000) square feet
of floor azea. Floor area below natural grid the alculatio of lowab a floor area. of any part f the
exemption provided herein shall count towaz
below grade space is exposed above natural grade (such aswalk-out basements, walls or courts) the entire
below grade azea shall be included in the floor area calculation; except that window wells and one egress
area as required by the Uniform Building Code may be provided without affecting this exemption: The
foundation wall or footing may be exposed to the minimum degree required to comply with the Uniform
Building Code pertainingto foundation designwithout affecting this exemption. Up to ten percent (10%)
of any particular below grade wall surface may extend above natural grade and still be exempt from the
calculation of floor area so long as the finished grade covers the surface that would otherwise be exposed.
Garages up to seven hundred fifty (750) square feet may be incorporated into below grade space and shall
snot affect this exemption so Long as the only sections of building so exposed are directly related to the
garage structure. , ^ ~ : ~ ,
~>
E.. Garages and Carports: For the purpose of calculating floor azea ratio and allowable floor
area for a lot where the principal use is asingle-family residence, garage and carport floor area shall be
exempted up to a maximum of seven hundred fifty (750) square feet. On a lot which contains a duplex,
garage and carport floor area shall be exempted up to a maximum of five hundred (500) square feet per
side. AlI garage or carport space in excess of the exempted areas shall be included as part of the
residential floor azea calculation. When an existing legal single-family or duplex dwelling exceeds the
~N ASPFSI COLORADO
ATTORNEYS AT LAW .
DAVID ?. MYLFR P.C. `
ADRRTILCPlOC'
O
U
H F~
~~o
~~
~H M
.7 Y.
a F-
„~ ° a
W +9
~a0
ors o m
~az
'~. m ~
.... m
,'~ m v
~~ N a
~; n m
~ ~
.~
`~ ~•~~
N
~~
~~ ~. o
~~ ~ N
~ *' c°~
r~ ~
.^.. v- z
~~wo
... > "
Paz
.L~ D Y
~~ ~ d
om
~~ m
~m
~az
sum
=~o
.... ~. m
.~ m o
~N A
~ ~m
a
~~
~a o
~ N
LAW OFFICES
FREILICx, MYI.,ER, LEITNER & CARLISLE
A PARTTIERSHIP tNCLUDINC3 PROFESSIONAL CORPORATIONS
106 SOUTH MILL STREET
SUITE 202
AsPErI, COLORADO 81611
FACSIMILE
(970) 92x4259
TELEPHONE
~970> 92a~oI s
September 6, 2000
Pitkin County Commissioners
530 E, Main Street
Aspen, CO 81611
EXHIBIT 2 TO EXHIBIT C
Re: Braun Ranch Settlement Agreement -Affordable Housing
Dear Commissioners:
IN KANSAS crrY. Mlssavx!
~EIIJCH. LEriNER Jc CARLISLE
ATI'bRNEYS A7 LAW
ROBERT H. FREQ.iCEL P.C. y''
MAATQd L. LE[TNPR P.C,'
R1CFIARD G. CARLISLB, P.C.'
STFPfB:N ].MOORS. P.C.'
S. MARK WHfTS'~
KYLE E. FOOTS'
.l W Rfl®Q7 LOS. G~.IM. HC ~
CSRTII~D LAND USE PLANNERS
MICHAEL J. LAVER AICP
7FJiNffEER K. BARRStT, p1CP
xnrs s. BROPHY, uCP
IxI connection with the Settlement Proposal in the above referenced matter, Woody Creek
Ventures, LLC, as successor to the St. Clair Company'and William Braun, submitted a proposal for
the construction and operation of 8 fitlly deed restricted affordable housing units containing at least
20 bedrooms. Our proposal envisions that these affordable housing units (the AH Project) will be
operated as a rental project pursuant to the Aspen/Pitkin County Affordable Housing Guidelines
which allow the owner of rental units to select tenants provided that those tenants otherwise satisfy
pertinent requirements. Our obj ective has been and continues to be to provide housing opportunities
first for individuals who are employed in connection with Braun Ranch and secondarily to other
qualified employees, of Pitkin County.
We understand that, at present, County regulations do not allow a developer to satisfy
affordable housing mitigation requirements by providing privately owned rental housing. This
change in policy is a result of the Colorado Supreme Court's recent decision in Town of Telluride
v. Lot 34 Venture, LLC. In that decision, the Court determined that a condition of development
,.approval which results in the control by locat government of rental rates and occupancy
.requirements for privately owned residential units will violate the provisions ~of this State's rent
control statute and be unenforceable. The Court acknowledge, however, that the limitations of the
. Rent Control Statute do not apply to residential projects in which a local government "has an
interest" through a housing authority.
Woody Creek Ventures believes that a restricted rental prof ect provides significant benefits ~ ~~ ~ ,
for the future operation of Braun Ranch and for the neighborhood. A rental project will greatly
enhance the ability of Woody Creek Ventures, 'as developer, and the Braun Ranch Homeowner's • • • •
Association and individual lot owners, as employers, to attract and retain a dedicated workforce ,
~OQ~~~
F+REILICH, MYLER, LEITiYER & CARLISLE
September 6, 2000
Page 2
consisting of individuals who will be able to perform their jobs in close proximity to their place of
residence. The live/work proximity will also reduce traffic impacts. Because of these benefits,
Woody Creek Ventures is requesting that the County Commissioners, in the context ofthe proposed
Settlement Agreement and not as a condition of approval, waive its current policy precluding
restricted rental housing and accept Woody Creek Ventures' voluntary offer to impose a perpetual
restriction on the completed units which will satisfy the requirements of the Housing Guidelines for
both rental and sale units.
As additional consideration far the requested waiver, to further distinguish this AH Proj ect
from the Telluride case and to guard against the potential for invalidation of the rental restrictions,
Woody Creek Ventures proposes the following:
1. The Aspen/Pitkin County Housing Authority will own an undivided 1110 of 1
interest in the AH Project, including the Ranch Manager's unit, by and through a membership
interest in a limited liability company which will hold title to the AH Project. Although the AH
Project will be managed~by Woody Creek Ventures or the BraunRanch Homeowner's Association,
the Operating Agreement for the limited liability company will provide for a distribution to the
Housing Authority of the ".profits", if any, from the operation, refinancing or sate of the AH Proj ect.
The Housing Authority will be indemnified against any Liability or responsibility for losses.
2. Woody Creek Ventures and its associates will provide the Housing Authority with
the option to purchase the AH Project for an aggregate purchase price equal to the maximum
restricted sales price for each unit at the time the option is exercised. The option will be triggered
by a Court determination that the voluntary rental restriction is unenforceable. Tn the event of such
a determination, Woody Creek Ventures will be responsible for all closing costs, including the cost
of a Title Insurance policy which demonstrates merchantable title. Upon exercise of the option, the
Housing.Autharity will be free to resell the units to qualified buyers or to arrange financing and
retain ownership (100%) as rental units. In either event, employees working in connection with
Braun Ranch will continue to have a priority for either the purchase or a rental of the units in
question.
Subject to the foregoing, we propose that the final Operating Agreement .for the limited
liability company which will hold title to the AH Project and the terms of the voluntary rental
' restrictions be approved in conjunction with the approval of the application to rezone the affordable
housing site as contemplated in the Settlement Proposal.
! 111111 lilll Illill Ililll II Illllill Illll 111 illllit 11 fill
451430 02/13/2001 10:04R RESOLUTI DAMS SILVI 451542 02/13/2001 11:00A ORDER DAVIS SILVI
29 of 30 R 0.00 Q 0.00 N 0.00 PITKIN COUNTY CO 29 of 3@ R 0.00 D @.00 N 0.00 PITKIN C~O~~VTY CO
r,
. ~. .
. "`FRETI.ICA, MYLER, LErITtER & CARLISLE
September 6, 2000
Page 3 -
We look forward to the opportunity to discuss this proposal with you at your earliest
convenience. If there are any questions, please do not hesitate to contact me.
Very Truly Yours,
FREII.ICH, MYLER, LEITNER & CARLISLE
sy:
DJM:ag
Enclosures
cc: John Ely, Pitldn County Attorney
David J. Myler
F:\Client\Woody Creek VentureslSettJement A~eement - Condtions 4f Approval -Braun Ranch Exhibit C.wpd
OOQO?3 -.. - - .
~I~ 02/13/2001 iq:04A RE~OLpITK2N COUNTYVCfl
451430 00 ~ 0'.00 N 0 -
30 of 30 R 0'
i iniiizn~ niiii inuiii inmii iim iiinu iiiii im