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HomeMy WebLinkAboutpitkin.planning.264303201008DOCUMENT LAYOUT THIS FILE MAY ORMAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (llxl'n _,.~,, _ ~ •, ~w~"a»x~, MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Ezra Louthis, Planner RE: Chaparral Aspen Remote Parcel 8 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 Hoffinan 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 Rural/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 20t'' 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. ` ATTAC)EIlVIENTS: A. Staff s 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 LLC (REMOTE PARCEL 81 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 (1) 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. (b) 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 Annlicant will be required to comply with the requirements of the As_nen Fire Protection District, and has asree. a to "lace an internal sprinklers stem within the cabin. The Applicant has also agreed to install a water storage tank however iven the remote location, the narrowness anti grade of the access road and the lack of winter road maintenance the Fire District may not be able to access the prp o~erty in case of emergency There is also no commitment by the Applicant to nrwide access to the storase tank, and thus no guarantee that access could be granted 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 Annlicant is proposine to utilize existing roads to gain access to the remote cabin parcel. The Annlicant. is not proposine to do anv additional improvements. Since the Applicant is not makins anv 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 existins 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 (7) 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. (c) 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 aariculturaUin isated lands water history The~roposed development will be serviced bX a private well. The Applicant contends that there is an augmentation plan for the entire Chaparral Aspen Ranch, however, the subiect parcel is being scored separate 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 surrounding 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 elk and mule deer winter ranee, therefore, the development on Parcel 6 does not "completely" avoid existing wildlife and wildlife habitat. but it does comply with the Code. The envelope avoids critical habitat areas and Kevin Wright with the Division of Wildlife states that the cabin should not have significant impacts. The Applicant has also committed_to locating "water guzzlers" on the parcel but Staff doesn't feel that the placement of a water source fpr wildlife is proportional to aining 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: 7. 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 zoned Rural and Remote and could be deemed "valued oven 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 proposed development preserves some. but not all of the valued open space and that a score of 1 is appropriate: (2) HAZARD MITIGATIONAND A VOIDANCE 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 proposed activity envelope avoids slopes in excess of 30%, floodplains and seoloaic hazards The wildfire hazard can be mitigated. (3) 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. (c) 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 8 contains 35.629 acres; one unit on 35+ acres in the Rural/Remote zone district is the maximum density allowable• therefore the Applicant is not eligible for anv points in this catesorv. (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: Final Maximum Floor lrea ~SeC [lotZ 1) Sub-Grade Floor r'~rea {see note ~ ) Height (seenote ~) 0 Points 1 Point 2 Points (Note 4) Notes: 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 property. 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. Proposed 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(fj(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 proposina anv reductions in visible mass for this parcel. Achievement of Community Goals Subtotal: (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: (7J 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 Applicant 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 4 B. Effect on the Environment 8 2 4 C. Achievement of Community Goals 16 3 4 D. Creative Bonus 5 0 0 TOTAL 35 9 12 Must meet minimum threshold of 22 points (with multipliers) to obtain an allotment (bonus points are not included in the minimum threshold). i Exhibit B ~~~ ~~ :RESOLUTION OF THE BOARD OF COUNTY COIYIMISSIONERS OF PITKIN COUNTY, ' COLORADO, APPROVING AN AMENDMENT TO TAE 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 obtain 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. Ta construct the public pedestrian trail from Upper River Road across the main ranch parcel. E. 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 required.to be constructed. 2. The property is located on Upper River Road, and' is described as Homesteads 1-) 0, Chaparral Aspen and Parcels. 1-10, Chaparral Aspen Remote Parcel. 3. The main ranch is zoned RS-20/PUQ and the remote parcel is zoned Rurai/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 1041 hazard review site plans for tl~e main ranch were recorded in Flat 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 currently expire on February S, 2006. 5. The' BOCC initially heard this application at a dulynoticed public hearing on November 19, 2003, at . which time evidence and testimony were presented with respect to this application. 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 collection of the proposed assessment. The County Attorney subsequently determined that the assessment was not legal and counseled the BOCG not is accept the assessment as part of the proposed amendments. 6. The BOCC subsequently reconsidered this application at duly noticed publ is hearings on March 24 and April 14, 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 benefts to the County. 8. The $OCC 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. j j ri llf ~~~I(~~~ j ~97~55 ~~{~~~~ ~ +f l Page: 1 of 3 I~~ ~~~(! 1111111r~! SILV ~I(~~~~ 1J Iq [)RVI ~I+~I~I~~ 08 S PI ~~ I24/ 0 FKIN COUNTY CO ~ 04 0.4:14P R 0.00 D 0.00 ~lldiou~~~l.~u~i i~ lia i~ oil iii ~i i eel ~ i, Rcstilutir~n Nn. ~ 20Q4 t'rz~~~ z NOW THEREFORE BE IT RESOLVED by the ,Pitkin County Board of County Commissioners that it does hereby approve the requested amendments to the Chaparaa! Aspen Settlement Agreement as specified below; ] , The aggregate above grade floor area for the. ] 0 lots on The main ranch shall' be reduced froth ] 00,000 square feet to 85,000 square feet of floor area (as defined in the Sett}.ement Agreement), such that five of the residences shall contain no more than ) 0,000 square feet of floor area; four of the residences.shall contain no more than 7,500 square feet of floor area, and one residence shall contain no more,than 5,000 square feet. 2, Tl~e App] icant may seek approval from the County for three additional rural and remote cabins on Parcels 6, 7 and 8 of the Remote Parcel, The Applicant must obtaili development rights and all applicable approvals, including 1041 Hazard review, for the three cabins. 3. All of the cabins on the Remote Parcel shall be subject to the fallowing: A. Management, maintenance, and use of the cabins will be coordinated solely by the Chaparral Aspen Ranch Manager. This control ruill allow Chaparral Aspen to coordinate service and limit maintenance and service personnel to the cabins. Access to the cabins wi13'be gate controlled at multiple locations and the ranch manager will be notified in advance of a planned cabin usage. " 8. Except for the existing cabin located on lot 14, any new cabin will be allowed only one owner. The 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, rural and remote cabins are limited use cabins intended. to serve recreational purposes at~d 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. AI! six of the cabins will be located offthe grid and utilize a combination of solar and propane power. The propane tanks `will be underground. tanks and propane delivery will be Iimited to twice annually for al! six of the cabins and will be coordinated by the Chaparral Aspen ranch manager. 4. The Applicant shall construct the public frail 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 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 earthtnoving permit for tl~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 (Band 1 1 C. The 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. 5: The deadline for construction of the ranch manager's unit an the 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 1 until the Certificate of Occupancy is issued for the new unit. 6. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set €orth in Pitkin County Land Use 497955 I~~~~ Ill~~~~ ~~~ ~~Il~ `~~~ 4~~~ 05/24/Z004 04:14A ~I~ ~~lf~ ~~ll~l IIl~ ~114~ ~l~l SILVIR DRV15 PITKIN COUNTY CO R 8.00 D 0.00 ~~ ~tYli~Wi:iIMYUYd u1~6 ~u rd ~d I iL ~ L ~ ~ o ~ ~" Resolution No. ~-2U04 Puge 3 Code, § 4-140 and C.R.S., §,24-68-]O5. The statutory vested rights granfed herein shal3 expire on February 5, 202 ] . NOTICE OF PUBLIC HEARING PUBLLSHED IN THE ASPEN TIMES on the 8°i day of August, 2003 and tl~e 21"day of February, 2004. APPROVED AND ADOPTED on.•~lie 14`x' day of April, 2004. PUBLISHED AI'i'ER ADOPTIOT~f FOR `VESTED REAP, PROPERTY RIGHTS in the As en Times Weekly on the day of 'r, 2004. ,; i,~ ~, "A'I'T ST: ~~ ~ ~ ~~ .~~ ' r~~ Je,d~ette Jones, _ ;1 Da15uty Clerk and Recorder APPROVED AS TO FORM: ~~ . ~- _ •--/ /mar r3ohn El Co mey BOARD OF.000NTY COMMISSIONERS OF PTTK[N COUNTY, COLORADO Dorothea Fan-is; Chair Date: ~ = zy- a APP/ROVED /AS TO CONTENT: ~ i~. V~L~ \ 'VGA" S\ ~.-~l 41C~ f~ ~ Houben, Community Development Director Case #P079-03 PID# 264309401001, 264349401002, 26431020I003, 26431020]004,264310201005, 2643 1 020 1 006, 264309101007,264309101008,2643091010D9, 264309201010 . t'"~~~~~I ~~~~I ~~Il~ - 49955 ~~~~ ~~I~~ ~~~~~ ~ ~ ~ II Pegs : 3 of 3 ~~ ~~~ ~a~l~~ 05 I11ll~~l ,24,200 SILVIR DRVIS PITKIN COUNTY CO ~ 04,14P ii 0_,00 D 0.00 i RESOLUTION OF THE BOARD OF COUNTY COMNIISSIONERS OF PITHIN COUNTY, COLORADO, DENYING AN AP~PEAE FROM WflOI~'.i~ !e:;~r~ !I~F.~"i'"I11~~, LLC OF 2005 RURAL AREA RESIDENTIAL COMPETITION FOR NEW LOTS Resolution No,% '~-2006 ' RECITALS Creep V'ttire~, LLC ("Applicant") has appealed to the Board of County Commissioners of Pitk'rn County (Board) the scoring by the Planning and Zoning Commission (P&Z} of the growth management applications for Parcels 6, 7, and 8 ofthe Chaparral Aspen Remote Parcels. 2. The three lots were scored by the P&Z at a public hearing on October 16, 200b. 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-l 50-40(B}. The Board considered the a~e~1 at a Public Hearing on December 6, and December 20, 2006. 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?~t"tr# e V~rires, LLC l of the P&Z scoring of the GMQS applications for the Chaparral Aspen Remote Parcels 6, 7, and 8. 5344fi ~ Page: 1 of 2 02/14/2007 10:461 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 Resolution No.I~lDOb Page 2 PUBLIC HEARING NOTICED IN THE ASPEN TIlVIE5 WEEKLY ON November 1, 2006. DENIED this 20th day of December, 200b. By Date Deputy~~lerk i APPROVED AS TO FORM: John Ely, County Attorney P 199-OS 264303201006,007,048 lancet/cases/chaparraldenyres2OOb,doc BOARD OF COUNTY COMMISSIONERS OF PITKIN COUN'T'Y, COLORADO ~~i~c~ ~ • ~~~~ eh~el-~:-9~ws1e3~,,Ct,~c,. --~ ~~u~c' M' r}U~ APPROVED AS TO CONTENT: ~9--cam, C {F-~ ' dy Houben, Community Development Director 53~A~6 ~ Page: 2 of 2 02/14/2007 10:46 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 Woody Creek Caucus District Planning Commission P. O. Box 297 Woody Creek, Colorado 81656 ":~ January 20, 2007 ~'~ ~° ; ~ ~~~ ~ ~~ Pitkin County Commissioners ~'Q ~ ~~~ Court House ~~ ~~ ~ Aspen, C0.816i1 ~f~-~, Re: Chaparral, Woody Creek Ventures -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 met. It is our opinion that further applications for development should not be allowed under the new lead use code. The subdivision of the Wagneur/Sraun ranch was accomplished using an exempt process by creating TDRs that involved rezoning the non-contiguous portion of the ranch as Rural 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 County Commissioners settled litigation with the Chaparral entity, and agreed to three cabins. Only one of the cabins has thus far been constructed, 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 obligation 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 Pla Wing Commission sy ~?yl ~~~ v CHAPARRAL ASPEN REMOTE PARCEL LOT 8 September 1, 2006 Pitkin County Land Use Application for 2006 GMQS Competition for Rural Area New Lots or Parcels 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) 920-2].12 Fax: (970) 925-584? Prepared By: The Land Studio, Inc. i 002 Lauren Lane P.O. Box 107 Basalt, Colorado 81621 Phone: (970) 927-3690 Fax: (970) 927-4261 landstudio2@ comcast.net 000001 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 a_nnlication for Lot 8 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) 1/2 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 1041 Hazard Review Application is referenced to and includes compliance representations of the Applicant for the information required in the following sections of the Pitkin 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-SO-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 ~~On~G SECTION 1-60: LAND USE POLICIES SECTION 1-6(}-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. 1-60-70: 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: WILDERNES S See attached application section 6-50-20. 1-60-100: RECREATION N/A 1-60-110: SKI AREAS N/A 1-60-120: CAMPING NIA 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-SU-20. 1-60-170: PRIVATE LAND SURROUNDED BY PUBLIC LANDS (INHOLDINGS) NIA ooouov 1-60-180: ECOLOGICAL BILL OF RIGHTS (EBOR) The proposed development is compatible with environmental sustainability goals of this BiII of Rights. 1-60-190: NATURAL AND MAN-MADE HAZARD AND RESOURCE AREAS See attached application section 7-20. 1-60-200: 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: CULTURAL/HISTORICALRESQURCES N/A 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 AOUATIC/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: ADEQUATE PROVISION FOR WATER NEIDS 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 1-60-340: TRANSPORTATION/TRANSIT/ROADS_ See attached application section 6-50-20. 1-60-350: PITKIN COUNTY AIRPORT (SARDY FIELD) N/A 1-60-360: TELECOMMUNICATIONS NIA 1-60-370: CITIZEN HOUSING N/A d OOOOOr~ ' ,r, ,;S ~,, 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 NIA 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~H)l2): SPECIAL REVIEW CRITERIA FOR R/R S. R. USES. 3-40-20 (C) (2) 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 6-4~-20: GENERAL STANDARDS FOR ALLOTMENT AND COMPETITION The proposed development does comply with ail requirements of the Pitkin County Code. SECTION 6-50-20: STANDARDS FOR SCORING APPLICATIONS FOR RESIDENTIAL ALLOTMENTS A. Impacts on Public and Private Facilities 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 np S Commissioners of Pitkin 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= 2 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. Transit/Trails 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 irrigation and pond construction guidelines that specifie parameters for lot owners to construct ponds on the main portion of the ranch. 2pointx2=4 oaoaoa x. 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. 2 point x 2 = 4 C. Achievement of Community Goals 1. Onen Snace Preservation No agricultural lands will be disturbed as part of this development plan. Rural/Remote zoning will prohibit development on azeas 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 3. Development Below 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 = 2 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 Paints = 24 Q ~.. ~~~~~~ ~; ,~ 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: 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 0 O~i~J09 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 f rst growing season of the disturbance. Revegetation will be with native grasses and fortis 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 ~r~oo~o x„ 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. 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Y APPENDICIES ..~ ooou~.~ PIT'iQN COUNTY PRE APPLICATION CONFERENCE SUMMARY PROJECT: Chaparral Aspen GMQS (Rural/Remote Parcels) LOCATION: River Road, Woody Creek OWNER: Woody Creek Ventures LLC. Rf PRESENTATIVE: Doug Pratte DATE: August 21, 2006 PID# 264303201006,007,008 Phone: 927-3690 PLANNER: Suzanne Wolff, 920-5093 Type of Applicatbn: GMQS Competition for Rural Area New Lots or Parcels -including Activity Envelope and Development Standards, Conceptual Submission and Specal 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/Rernobe parcels 6, and/or 7, and/or S of Chaparral Aspen. (A separate application and fee is required for each parcel. Due date is September 1, 2006). Land Use Code Sections to be addressed in letter of request (aanlicationl: Sec. 1-60: Land Use Policies Sec. 2-30-30 (h)(2): Special Review Criteria for R/R Special Review Uses, 3-40-24 (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 Atotments and Competition Sec. 6-50: RuralArea Residential Competition System Staff will refer the application to the folbwing ~encies: Woody Creek Caucus, Flaming 6lgineer Review by: P&Z 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 feast 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 shall mail notice at least 30 days prior to the Public Hearing (by first class mail) to all 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 wilt 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 Manua(" 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. Documentation of legal access; 5. Parcel description, including legal description and vicinity map; OOOU14 r_ 6. Total fee for review of the application; 7. Signed fee agreement (1 copy); 8. Consent f rom ow Her(s) to process applcatian and authorizing the representative, if applicable (1 copy); 9. List of all adjacent property av Hers and mineral estate ouv Hers (1 copy); 10. Copy of this preapp form (1 copy) ~~' - PLEASE SUBNAT ONE UNBOUND AND ONE-SlDIED COPYOF YOt,R COMFIETE AFT'LICATION. PLEASE SUBMfT TWO-SIDED COPIESOF ALL REMAl1VING COPES OF YOUR APPLICATION (IFPOSS/BLE). THEPARCEL IDs SHOULD BEINCLl~7ED ONALL DOCUMENTS/NCLUDED 1N YOUR APFf.ICATION. - ALL MAPS SHALL BEFOLDED. - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based an current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 000015 ~~ Chaparral Aspen Rural and Remote Parcel 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 Go Clark Lipscomb 132 W Main St. Aspen, CO 81611 0~~~~~ Legal Description of Parcel Lot 8, Chaparral Aspen Remote Parcels, according to the Amended Subdivision Exemption Plat 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. ooaoi~ tT C~' 'I~I~S SPCC ~r73~~P~ DAD, ~tad~ this .4th day e~~ Apr~.l, ~t300. ~t~aeen ~illi~.nt Braun, a~ ~~e Ccuztty of ~~~.k~.~. ~d Mate of ~alorado, Grantor, aria Waody' Creek ~~n~.~xs~es,. IaLC, s t!a3orado ~,mrni.tec~. l~.ab$lit~- ecxtolp~~"~ ~v~a~a~e legal address i~ : cf n D~.~ricl ~ty-~cr, Req. , prei~.ich,.- Y+s~tl.er, 3',eat~ter .~ Caxl~.sSe, P , ~. , 1~~ youth M~.~.1. St~;eet, stl~.te 2U2, r~spe3a., ~O~.Cra.dc~ SI511, Gx'arita~. ~~S~T~3, that the !G~'aY~tor fc~x and in cansid~cration. s~f ~~e mum of *~en anc3 ~T©/'3.40 ~?oll~'s ~~~-~ . ~~} and athex gaol arad -~'aluab~.e oonsid~ration, the receipt and suffic~.ency o~ s~rhich is hexec~ay ackno~3-edged, has gxan~ed, ~argasned, eols~ av.3 convey~c3r said ~~' ~laese ps~sent~ dt~ea grant- har3air1, se31, ca~x~vey' and ,core-fiz-~, u'a'to the ~ntee and ~Gxa~.tes', s assigns forv~'ez', al.l t$e real prooexty Together ~rz~a imp=ozre~nenes, of any, a.tua~ts. Lying a_~d being itx the Cr~un~y of Pit~c~.n at3,c~, state of CoZoraeio c~escribecl Qn ~~~~-'t ~'Aa a,ttache~i hereto and incomeorated h~~ei.at by this refexers.a~ tthe 01 Pra~ertyn) , a~.so knowxa. by' str~~t aa~d number a.s : 03331 woody Cxeek R,c~ar3., I~oc~sy' Creek, Cr~3.o=ado 81~~6 _ ~(~F°3'I~d1 G ~~'+F+'}~fBP~,; c'~Xt ~p~lyd~.K~Rtc`i`~8''1"~ 3~ 2.C~~ ~]~s c$~. ~3O~+1I1 2ta3 '}~~-1h~ Br~au_1n-. SquAAbd~.via3.c~n+~.ld~es~x3.,C~~yd, ort t~a~ p~.at ~.~Tt~.re~s~xfsoes,~..r3ed/A.iu Plan $C1OjC 'vC 3., pa,C~e~ L.J..~~2 Of L11~ ~'~.~~~d~ 1.7~ . .ii ~.~~~.~' 4~~~4~ \ 4~.~' nReta~.x~d Parcel} , vah~-vh ReLa~-nad ~'ar~c~l ~.s sp~ci~ieal~.y e~al.uded from the Property. Th3.e r~se~tiara i.~s cQ~~.atesst w~,th the e:ccitxeio~t. of the ~,zet.a3ne3 Parcel fso~ the legal description. {Exhi~bsc A) attached. hezeto ~d i~ t ~-~mak 1 aae~tain the ,excepti.on from tkzi~ conv~yanCe of t3~~ Retained ~r7D ~SER~131~ ~[Ta ~TC?R a tLt~.la-.tY easement fox the p3.ace~erxt, cQn,gtxiaction, maintexiaucs rind ra_~a3r of uxadergx'aaznd gas and +e3ectric ut~.lit~ li~e~ and ~acal~.t~.es across and v.~.der the Frcaperty to srxv'C ~~ 12~s~z ~xce~~~it~a he abus.ld~~' exitlopes azsywheze wzth~.~. sth~ P:rczp p . des~,gnat~si oat t31e first f a3.ad subd.~.~risiflxi H ia3.tzae o aria ~~c~1i~~~es ~ pxx>'~r~.a.ed, ~.ovr~zr that wa.t#~ xespect '~o ga zhe eaae~sen'C ~anay encxaach isstn buildsx~g eavelvpe5 ~,~ necessary to connect said gas Zizaes and ~acila.t~.as to asz exist~.g gas 1a.za.a ax main_ TYse route of the utiiitics fxom the .~t~-~3 utyiit~ fae$li~ics to the Reser~d Parcel shall be as date~ried by the uti~.ity p~oerir3~'. ~,c suc~i time as bs~th gas sad. e3,~ct~c uta.3.3~.y extera.ga.cn.s ts~ ;,lae R~aezved Parcel ham beerJ. etsmPlctad, zhs eameYnne'nt ~.t~a re~3aec~ to each cf ~a,id cazi$t.~~t2d ~tt3,liti+~ sha3.1. be tspessty-~ ~iVe £~:e~ ~,il ra~,dt~s and ,~hal1 be $ho*an. ort a doCtxtr-et7~ ~ ~~ ~~ ~l~y zsc~a.~ ter~sd surveyor zsxtd . recdre3ed Say txraa~tor releases fx~sm This ease~s~s3t ~iae axeas aut.szc~~s of 8ai.d twenty-~3ve foot ~.asecmes~.t. Thai se.ser~atiost is ~- ~aa~tha exs~n~ ~ o~ bath g~S o~ ~aa~c~si9t a.~isramesst a.s a~.~cess~ry a~.d sleet=ic utz~its.ea to tba~ R$sexve~ ~'arce~,. an'3 g°~ the can~'~~c'tir~ia o€ ut~.l~.t3.ea at the came tisue or at differ. eat t~.mes . ~,,a.e~cacRary above grc~uxr.d uta.lity fac%3,ities, ~ suoh as ass. e3,ectra.C valve r.~r :natar s~a?.1 be p,ay-mi.-t.t~d to ~a vain C ox gam ~-igxa a C'u~h , V~UI~~~ p~.aaed a~+ave g~'ou~~t ~~.th~,n ~$~~ ea5emes~t, ha~,-evex a3.~. -ntila.t,y ~.inea sha3l be p~.a,aed. ~xridergxound. Gra~t.ZOr shall gza.de and ~evaget~,t~s any areas dz.etur`ibad. 3~y ~t~.s ~. of the ~as~r~e~t vr~.th~.a, a :.ease~nable tine aft~;r s~zch ~3a.stuxba~.ce, seascsnal cv~td3.~c~an~ p~r~stting. Grantar also r~sezves the r~.ght tb g~ across the praxty ~n .a ~"e~snxaahle mat~asaer aid at much r~asonab.~~ ts.rues as 3aecess~a~y t.o access t~,,a util~,ty eaHemeaehs x~s.ez<red. ha~ab~ T~iE PROPD2~"Y ~~ C~,usrr,~~~,~ '3'C3GETk~R w3.~~ a1~, a3zd $fxagca3.ar the ~a.eredi-~$:n~iits and app~art~ananea~ t`~ezeto ]b~3.cmging', or in ~ywise appertai~ng, and. ~~ r~rerszasa, aid t'~'~r'sicns, zet~a~der a.~xs~ remasxxdaxs, z~~axts, issues and ~rofa.ta the.xeai, anc. a1.~, the estate, r~-3ht, t~-tsp. ~t~~~~t, claim arsd de~uanr3 wha.tsaevar o.~ the ~ra~ator, either irs l~.w ox equit~r, off, z u and to the ah©va b~'gained premises, aaith the herec~i.tat~ionts and ,app,~rteua~.e~a . Tfl ~A~E .AND TO ~-I,D :. C~ sa~,d pramieea abase barg~i~a~d and t~saCr3bad. ~.'C.4z the ag,~'u.xteazaxicc~s, 'uxlto Cbe t~xaAtee, Grantees ~ e ass,ic~s fore~rer_ ~sd the Gzas~t®~', fay Gxa~tear sad ~a.~itax~' ~ personal. xepres.e~xtax~ilras, des cr~vreszat~.t, g~auc; bax'gait~, axat~ a~r~e ~a an+3 with the Granz~a, ana3 Grantee ~ ~ ass~.gns, twat at the t~.nte of ~hE ~xzse.a3.3Y~g ~23d de3il~r of thaxa~ PxeBexsts; C3xan~a~ 3.s bvel~. sewed. o~ the preru3~es above conveyed, Baas g.®t~, sL~s-e, ~-esz-fast, aYasa~.~ate anr~ 3~,ef~aa3bl.e ,estate a~ i~ahexitance ® is 3.a~, 3.x~ fe+e samp~,,e, and h~a~ gr~od ~~~~'rit, ~tt11 pe~rwez- a~.d ~a.~siuZ autkx~rity to grant, bar~ai.x~, sell aaci +cvzr~rvey the sa~~ izs tYial°dA~Y' a31d foam as a~:~axesaid, . aa~d that the sa~~ are gsee anc~. elr ¢~°csm all. ~c~stit~r ,ax.d ether Jests. }~a-~aiaZS, saps, liesis, ta~ccs, assessments, ~,n~cumbram~es a,~d rast~.ctasans o~ wh.a'~~~r 'k~~ss3 or xaatuxe so+e~rer, kept as set f~t~t an, a~i~t n~~ attached h.er~:t~ a~te~ ~~c~o~ated hexe.ixa by this xafereza.ce_ ~'3se Gx~tc~x shal.3. and P,~i13, B+l'A.'~Rt1~TT i3 ,~•~.tt,~v,~ac ,u~,.~.~ t~.se aboveMbarga.is~ed p~~sraises .in tha met ~asd peaceable poss~:ssian ~~ the Graxat~e, a~teZ Gra~it~e - s a~sigtts ~ aga3.n~t all az3.d every pex'33r~z3 ar pezsc.~ la~~al.Iy ~7.aig the ~rhoJ.e rsz aray p thereof b~, thxough ox' vzsr3er the G~:'a7~tox'. . ~ used hsx~asa, the `a.~z3.gu~.ax xiut~e: s1~a~l j,iaclude the p.~~a1, the pl~xal the ~i~gu~.ar, aucl the use o~ say gendex ahal:z be app3s.cah3.e to a~..l gender. ~l:~S ~Ff3E~OF, the Gxantox ha.s execxxtad t~.s s3.eec~. an the date sea berth above. ~ ~s~ ~~~ JCT. 3~. 240 ~:26P~1 FRLILICH ~#YLER LEIT~ER CARLISLE ~u. U~~ • r, ~ tl; sTA°~~ of ~oLOx~no : ~ }~ S~_ c~ Q~ PzxxYr~ ~ Tae fdr~g~ix~g iast~ment was ac!~~awle~3g~d before one tnis day ~~ April, 2f}(?0 Icy' William Braun. ~7ITNESa air nand a~z~. seal. .. ,,. _ . _ Nly commissi.ori e~ires : ~,~ •` ' :1 ~ #•~ ,• i~C~~, 1~o~ary • y •' W ~•, uuuuzu OAT. 30.2000 5:26~'Nf ~RE1lICN[[MYI~R tEIT~EK CRftL15Lt _ ryu, v~~ r. v ! ~~I~B~ aa~sti ~~RCELi Af! that past of Lets 2, 3, 4,1.2, ?T, 18, 20 Bnd 21 of Se~ion 9, Trmrnsttip 9 South, Range 85 West Df the 6th P.l+r1., lyi~~ Easterly and Southerly of the following described line; Beglnriing at the WQSt Quarter Corner of said Section 9, thence S, 68 degrees ~8 minutes 16 seconds E_ 822.4? fee$ tC~ a fence comer as consttttcfed and !n place; thence N_ t)3 degrees 40 minutes ?5 seconds tiff, 1048,4© feet to a rebar,and Cap in place along Said fence; thence N. 23 degrees 1~} minutes 57 seconds E. 38x.83 fleet along said fence to a rebar and cap in lsiate; tt~nce l~. 79 degrees ~ minutes 5~ seconds E. 111.31 #eet along said fence to a rebar ~etd cap in place; thence N, 3t7 degrees 51 minutes 59 seconds E. 5~~.34 ~t along said fence ~ a rebar and cap ire place; ihenca S. 43 degrees 59 minutes 31 seconds E.192.4~'7 feet along said fent~ ro a rebar and cap in place; thence 4V. 30 degrees 37 minutes i1$ seconds iw 7t 8.13 'Feet along Said fence to an ofd iron bar fat~nd in p}ace; thence S. 39 r3egrees ~6 minutes d9 seconds E: X3.72 feet along said fence to a rebar and cap In p;ar,,,e; th2hae S. ~ degrees 17 rninut~es 04 seconds E. 69~t,82 feet along Said fence to a ret~ar and +~p in place; thence S. S~ degrees A~3 rninuLes 21 seconds ~. 190.4 feeet along sa9d fence !o a rebar and cap. in piece; thence S. 79 degrees t)1 minutes 3? seconds ~. 94.4?1 fleet along said fenr„e tri a rebar and cap in .place; thence N. 87 degrees 06 minutes 35 serrands E. 528.86 feet alostg said fence to a rebar' and cap in place; thence N. 59 degrees 33 r7rinutes 71 seconds E. 269.8;3 feet along sand fence .tc~ a ref3ar anti cap in place; thence N. 45 degrees 41 minute, ~7 seconds ~. i~5.2J feet along sald~fertcae th a rebar grad cap fn plaoe; thence N, 31 degrees q.1 miraufe; ?t) s€cends E. 46~_4°i ~t atrang said'tenr~ tca art intersection ev'rE17 a mince as cotlsFrtacted and in plats. ~GEPT tn<,t portion conveyed oui b'Y document seccrdeci Det~mf~er 22, 1977 in Book 340 at Page 85~. PARCEL A Tovvnst~ip 9 South, Range 8~ West of the 5th F.Ni: Section 9; t..i,t '16 and the ~ 914 ldE 114 Section 10: Lets 1 Q and 11 PARCEL lit L~ 7, S and 9 in Sectian 9, Township 9 Sorrfh, Mange 8a ~IVest Qf the ~ P.M., at~d that part of Lots ~, 4 and 6 in Section ? 1), Toyvnsitip 9 South, Range 8a 1fVest of the 6ttt P.M.,.iying Northwesterly gar the following d+a5cri~d line: Beginning at a point on ttte SoUtt~ line of said Sectoor:9 whence the caraael'tx~mxnan to Sections 8, 'E tl, 1 a and 9 S, Tou~rnship 9 Sotrih, Range 85 West of ttte t?ttT P.tvl.. bears S. 88 degrees 70 minutes ~. 5A.9 fee#; theme rJ. 3p degrees 0 minutes E. 2$S.tiO feed thence iV, 't9 degrees 86 minutes >~. 477.17Q feat; thence N, 38 degrees ?5 miraa:tes~E_ ?2?7.Q0 feet; thence N. 45 degrees 79 rrtinaates E. 54g.oa feet; . t1tLRC8 1V. ~i- dEgreeS 4)'i rninuteS E. 524.2 fit; _ thence N. 4~ degrees 62 minutes E. 7115.04 feet; thence N. 38 degrees 15 minutes r±. 160.fta feet artd t4tenr~ fit. 52 ttegrees 33 rnirs[12es ~. 5?2.t)4 feet #o the Nor#ta line of said t.at 3, easements described in CtocLtrrzerzt i+io. 1 111920. PARCEL. N Township 8 Stiuth, Range B5 West ofthe Stn F.M. ooou~~ UCH. 30. 2009 h:Z~~'M !-fittLtt,li N~rttn Sri ~,a~n ~ttllLiJLI ^", v~ ~ Secc#it~r~ ~: t.rats 5, 6, ~(? and ~ Section 16; Lacs 2, 3, 6 end 8 ~ _~. ~-~ Alt of $i~e a~ve deacriiaed tact Qf Iand Was ori8inally patented as ~e s 91~ SE ~i4, N~i~J 114 s;r 1i~ and ~v~+'1i~3 NE '€I~ of Section 9, Te~wnship 9 South, Rarsge 8S ~1Jest of the 6fh P,i~i. ~CElrT1NG, however, a1! that Part of Lats ~, 3 and 8, Sedan 16, tyang South a~a~ West of the aen~rer and Rio Grande right-of~~vay and ~Isv ~xc~°pttng 4hat Portictrt of Lit 1, Elam ~ubd'tvisfol~ lyll~g within ss~bject proPa~Y- Section ~: Alt that part t~f i.ot 13 lying North and Est ofi the iJan~'er and Ria Grande Railraad right o~=Way. PARCt;L V Township ~ South, i=d~nge t~ West of the ~ii!-i F'.N€. sedan 9: Ai€ ttlat part of Lot '95 fying t`lortheily ardd F~sterly of tf3e Deaver artd Rio Gr~ncie Rai€rrsad sigi~--o'F vvay, F'A1~CEL Vl Township 9 South, Range 85 We$t of the 6ttt P.IW. SecRion3: Lots 1, 2.3,4and5,SW1i~~Eit~.S112tdW11~ CEPg1NG rRrJ~€ Tl-lt= A3CiP~: BRAUS~ SL}6D1V1SiC3i`l, sc~rdin~ i;~ the P9at thereat recorded '~ecember ~~, 1986 in Ptat Boot{ 4"E a$ Pale Z1. 00~0~ ;~ OCT~ 30. l2Q00 ~:2bP~1 FREll1CF! MYIER .LEI iNrH CA1t~ls~t inv. u~~ ~. o ~ ~~ .~ ~ ~~, ~~ ~ 436. ~~ ~ 9. ~s - ~I'1~CI~ t~'1'Y +C~ Exhibit B to Speeia3. Waxranty I?eed ~. waxes and assessrnent~ fox- the year ~00o and subsequent years. 2. 1~ght of.the proprie~or~af a vein or lode to extract ar remove his ore therefrom, should the same be faurid to penetrate or intersect the premises hereby granted as reserved in U'nzted States Patent recorded December 2, 3894, ~.n Bonk S5 at Page 53. 3, Might of the pragrsetor of a vein ar ld3s LQ extract or remo~re hss ore therefrom, should the same be found to p~.etrate or intersect the premises hereb~r granted. as reserved in LTna.ted States Patent reCOrrled 3'u~.y 26, 1920, ~n Book 55 at Page 179. 4. Right' of way for ditches or cana~.s canstructad by the authority of th.e United States as xeserved 1A Urzl.ted States Patent .recorded June'18, 1923 a.st Soak 159 at Page 245. 5. Right of the proprietor of a vein Or lode ~o extract or remove his ore therefrom, shQU3.d the same be found to penetrat4 or ~.nzersect the premises hereby granted as reserved i31 United States Pate3zt recorded February 3, 1986 in hook ~5 at Wage 63. 6. R~.gh.t of the pxopra.etar of a vein ter ~.ade to sxtraat ox remove his ore therefrom, shQUld the same be fouxtd to penetrate or intersect the premises hereby granted dS resexvsd i~ 'ITus.ted States Patent recorded Jul~r 26, 19fl7., a.n Bonk 55 at Page 99. 7 , €tig'ht of the proprietor of a vein or lode to extract ox retnotre his ore therefxorn, slzoul.d the same be fovrsd to penetrate or intersect the prelt~ses i~areby granted as reserved ixt CTni.ted States Patent recorded January 8, 1947, in Book 171 at Page 207. 8. Right of way fax ditches or canals constx0.oted hy' the aiathe~rity of the United States as reserved ~-n 17nated Mates Patent recorded January 8, 297 izi Book ~.7~. at Page 207 , g . Right of the proprietor of a vein ' 02' lade to extxac~t ox xemo~re his are therefrom, should the saFne be fflund tc~ penet.rate or intersect the prern:i.ses hereby granted as reserved iza. Uiaited. States Patent reGOrdad August 2;'7, 1890 zn Book 55 at Page 12. 10 _ A.].1 rights to an'}r and al3 rna~exials, ore ax~.d eneta3s of any kind and character, az~.d all coal, asghaTturn, ail, gas andokher like substasaaes in or under said 7.aud, the xights of ixlgre8s and egress fox the purpose of mining, togathex~ with enough of tlxe suxface a£ 'the same as may he necessary for tae propex and GorsYreniesit worki:ag~ n~ such ritinera3s and svbstaiac~s, as reser~d ~ Patent from the State o£ Eolora.$a, recors3.ed June 25, x.93'7 in Book 152 at Page 585. - 4 a00~~ OCT.3~.2~OC J~~~~~ r~~~'L~~'~ IYIILCR'LLi1f1Ll\ vni~~iva~ '~ off' ~ ~ ~~ . ~~ ~ ~~ . ~~ ~ ~ . 9~ ~~3~Y N ~L~~~`~ ~=d ~.1, Ra.ght of the proprietor of s. ~rei~. or loge to exzrac~. or remove his ore therefxa~n, sho~zld the same be found to genztra'Ce ar i.rizexseo~ the premises he ~~by ~o~ t i~ Book 55 a ~ Pagen17as3. Sates patexat r~cc~rded F'ebruar'y ~2. ~2.igYit of gray 'for ditches ox' c~.ria3.s oorsstructed by the au,th>ority of t}~e Z3~.ited States as reserved ix~ United Stat.a:~ latent recorded .December.l3, 7.91, iri Eook Z7a at Page 563. 13. .A3.1 t1,rc~T].113m, thsrium, ox any athex material t~hich i.s ar may be d.etertn~.Pisd to be peculiarly a8aential to the prodv,ctzon of fiss~,orab3.e material as reserved in Uri~.ted States Patent recorded3. becember 13, lg5'!. in Book 7.75 at page 563_ 1~ , t7ndi~~.$ed 1 f 2 interest in a1.1. -coil, gas and other m~.neral. r~,ghts, as reservers by 37an.iex A. McPhex~fln ire the Deed to fired sT. ~azigs recorded .April 17, 1.953, in 8oo]s 3.76 at Page 6~7 and any and all assignments.thereof or interests t.hesein. 7,~j, a 3g{zg&1>aYlt X32$ x3,ght O~ 'L~r1~t fr7Y eleetxic ~~'2nsmisslOll ~.~-Pies as gx'a~.ted to ~v3.sarada t7''te El.ectr;c As~c7Cl.c~tiort, Inc. by Su13.ivax~ ~agneur in the ~.x'istrt~Ynent recaxdad .January '~, 1~~~ ~.n Bcst~k ~~5 at. Page ~a""~d aff~ct~.xig the fol~.o~sxng' e'ieseribed prssperty~ ~.~.1 that part of Lets 'Ten. {3.0} , Eleven {xl} , Tlaarteen {13} e ~' ~PEithtn fi"+rQ of Sectiozi ~7'ine (9} , ~pvanship ~3'ine South. {T9Sj , Ralzg ~ 'y- west {R85~T? of the SaxtYi .Pr3.xioipal Nierida,an.. 7.6. Easem~.t and rig}zt of way for e~.eCtrical'transmisszox's. 3.znes as granted to ~ Ca~.rarado U"te Electric ~ssoci.ati 29, X19?5 b n Boo 13 ~~ i7agneux Estate iaa the instx-umen't recra.descihed propex't'~': A parcel at Page 30~, affecting th.. fa~.~.awing ~ 5auth, 32.ax~ge 85 west o£ of land in Seo'tions ~ .and 16 , Tav~r~,ship tpie 6th Principal. Mierzd~.an, 17 , Easement axed .r'~-ght Qf ~va~ for electrio txansmissiosa lines as granted to C~'loxada ~,Tte E~.@ctx•ic Association, rsic. by Vagxletzx Ranch Ca~npaszy xn the inatgutnent recorded August 12, 7.75, in. Book 3p~ at Page 7~1., affecting the fo3.~.owing descr3.bed ~-aPerty: A parcel of 1a~.d. in. Sections 9 ar~d 3.5, ~awzzeYiip ~ South, Rax~,ge 85 ~7est of the 6th gra,ncipas Meridian. 7.8. Easement and rights-of°way for the following roads: A. wady Crc~~:k Toll Raad as d3sc3osed by ,documents rec~,rc3sd ~Toveo>er 12, 1901 in Book. 73• at Page 1~ anc]. reoor's'ied i~ove~mUer 1z, 1851 in Book 93 at Pages 327. B , Raad as . canve~red Ca County Af Pa.tkin. bgt document recorded. No~r~mber A~, 1926 ixt Book .3.57 at Page 2~0 , ~ . sccstt. road a.zsd . T~enac3Q 'i`ol.l a2oad a.s disc3.oses.~ k y doourle3~.C ~cecoxr3ed ~7'ant2ary ~: 1932 iPS Back 3.76 at Page '13Q. 5 OOOU24 k. OCT.~30.2000 5:~bPPvi 1=RElLI~;H I~'t~t~ 1t11NtK ~K~~ia~~ iuu. v~~t ,. ,~ D . Road a.s conveyed tQ George Rohrbat~.gh in document xecc~rded ©cLOber 2, 3.93.3 in Book 3.54 at Page 149. E . Road as canv8yed to Pitka.rt Coun~y ix3. documerz.t recorded Jasfuasy 3 , 19 ZS `in. Boo] l~ 6 ~t Page 41 ~' _ Wagon read as res~z-tred to Su~.l.avan Vagneur in doaumerst recar~ed MarCYt 22, 3.944 in.' Book 156 at Page 26Z. 19 . Easement ,and right of way far the ffl3.3.owing ditches insofar as they may a~~act the subject prope~y: Waco Ditch, Dry ~Toody Ditch, Salvation Da.tch, die Bourg and C3.avel Extension of the Salvation l~z.tch, D'.Avigs~on Ditch, 13armoza Ditch, azad Clavel Ditch_ - 20. Terms, conditions and.vbligations of Easement ?agreement as c~x3xited to Wyland Katt3.e bg'-tTagne~ur Ranch Co. recorded Febr~.taxy 23, 1987 in. Book 530 at Page 58. 21. Easement and r~.ght of way to constx-uct, recos~stxuct, repair, maintains axs~3. oPer'ate ar7 e3ectr'ic transmzssi,osi r:r distr3Yiutson lilze:s as granted tQ Colorado ate Eleatr~.c ASSCsciatiort, Inc . by Sullivan Vagne~zx in the is~-strumsnt rear~rded ~"anu~.ry 7, 19 64- irz Book 2a5 at Page 36£, ~.gf~:cting the following described prc?ges't]7: ~, ~?arae3 of 1aTi.d J.OC~~~ed inn 52ctic7n ~.~, TC3WY1Sh~.p '9 St~U,th, Range 85 West o~ the 6th P.M. 22. Easement and right of way to CoriStruCt, zecflnstruct,. r~perate, m~s.~.ntain and a'emr~ve an electric trasasmis93.can az' distribut~.os~ line as graxlted to IioZy Crass Electric Assoc~.ata.ari, Inc. by Cls.ytc~n L. 'c7ag'rieur, as Trustee of the Clarice -T. V'agnattx Trust. in the izastrutnexty recorded July 3.7, 3.981 ire Book 43:3, at Page 422, a.ffectirig the. fo~.3.awing c3.escrihed pr'oper'ty; Parcel cif lazzd located 1n Section 16, Tovrnshap 9 South, `range 85 West of t~hs 5th P.M. 23. Eaeemeza.t and. right of ~*ay to eoxxstruct, xecox~.strv.ct, operate, rs~ixctaiz:. anal remazre aaa. el~:ctric transmission or ,~istxibutian 7.iue as granted to Hfl3.y Crr~se filectxa.c ,Assaci.atiora, Tree. by Claytnza L_ Vags~.eur, . as Trustee o~f the C1.ariCe J_ ZTagneuz Trust in the instrument recorded t~ctok:er' 3.8, X981 in Hook X15 at Page SZf3, affecting' the, following desoribed pr'opexty: Parcel df 1a23ti located in 52cti.an 1S, Townsh~.p 9 South, FLaxage 85 West of t~'ie 6th P.~1. 24_ Easement aAd right of way to constrict, xscaxsstruct, operate, maintain axad: .remove an electric traztsmis8i.flxt ox distribution iiase as granted.. to holy Cross El.eatra~e Assaciat~.oxi, zzzc. by C1.ayton ~. ~7ac~.eur., . as Trustee of the C~.arice ~5. Vagneur Trust in the sz~s'trument racarded September 23, 1982 ~.n Souk 433 at Pages b6, affecting the f~ollov~=zlg described praperty: Paxcsl. of lazed Zoca.tad ixi Sectaan 3.6, Ttswnahip 9 5auth, Raflge ST West of the 6th P.M_ 6 - i • ~ F. aoon,~~ ACT. 3~. ~Q00 ~:26PP~3 EREILICH ~IYEER LEIT~IEIt CAKL15Lt ivu. v~~ r. z ~ 2S . F~asamera~ and xi~~xt cif Wa-y to corst~.aat~p xeconstrtzot, P Y ~a3.~.~aa.ri and rerac~ve ata. e'! e~tric traz~sr~issieaxz ox aQ"~~7.C ~.S5t~~1~~10Zi' v ~rac , dist~'xbta.~ion l~.no as gr~t'~d ~0 73a~.y ~COrds,~~Oct~ber ~7, x.988 irz Inc . b~ Wz7.lia~n ~~'a~.u in i~st-~scnsra.t ~'° mock 57S at Page 9~a, a~~ecti.x~g the follo~r~.xtg' descr3b~d prc~pexty; A paxcel o~ ~.asac3 located in Sectib~: 9 South, Range 85 West of t~a~ nth P:M_ ~6 • T2~s, aortd3.tia:ns, p~-ov~.sions .and obligatirasts as sit forth in Cooperative ~re~ittet~t for Perraarsent. i3amag'e pxeve~tion ~'~ncing reco'xded Daceit~ex S, 198$ ir_ ~oo3t 58~ a'~ Pages 3. ~~. Terms, canc~.ti.ons, provi.s~.or~.s, ob~.igaxions and a'~. ma-~ters as set ft~x tab ~ 22 ~ 1 99 as Reca~~~.on No. 436904 a~ ~.esaluta.oxa Nos raCpxd,ed t7c 99-~~. -~- a, ~ Q 'r I1wc+\ ~~ --- --. 1._ / f + .\ ~\ ~~-\ ti7aoa~~-\~~+\I /,-~ 1 lliustration 1 1/~~~ni~t~ ~1tap Prepared by_ DES1GY~t WORKSHOP, INC. July, 1998 N ~ ~ (~~ t 11 ~3' 1,000' 2,900' 4,400' \~~ OOOU2 r .~ ' . ~ ,. .~~~....w.~.,,. ~.. .. ~ ,. .. .. ,.~, ', .... ^y~'. i; f ,#. , ~j ~ r•.~ ~I(i~yj ;~ /: /:~l~jr` is. ~= .,~i"-sue,. ~yI(, !;! ~^ ~J ~.,„.. I r .~ ~ ,,, ! \,~,,i -•8M SA ~. \ ; ~ ~@,%'r'''-_8,~}} vet < ~ g. ~~'. ~~'~ p (f i,r ~, ~~ ~,ii ii, {~, i i,,~ i ! ~. 2 ` , ~,. , a ~i ~ ;Elf ~ ~ ~ 'i. x ~ i,, : ;,. .~e/ 1 '~~" .. ~ ~,. /~ ,. ~, s _ •^: e ES ~~ r.:i% '1 ~ ' ~ Vic: =~ = •~:~ ~ `'tea ~:. "~•~~%/. x'$33=%,= ~\:_. i~ ~- _ '~Jr sir!/'J ,~ :___ ~ ~ ~ .. `,•.~~- >:. `. y a :,; • ~b •.°x". . !"~r ~- %,~~' ~_; i~_: c ~ U ~~ ~ ~. ~ ti ::~ ~,1 .;. z ~ ~~`.~,. m ~\~~~'. W ;: ~.;- z s . c~ Z .~ w $~~ . 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I` -'I',i ice` ~li:2S %~i~"`.i~0p~;~~"~ .~~ :1' ., ~/, "-~\•>~'.'~Dp i ~t'~ .~~ ~,\~~),), ,Y:.~ ./ ~ /` : ~ .~- _ '/ \,`~'\:i/I ' , ail\_\ ~~ Vii`. \`\'~ _\~ ~., - .A. ~\ )`)` ~~f,} !v [ ~ •.\`'~~~ -- ~~\'. f:~: / ~\ ~~~~ _ -;-- /, /; / 1, %' / ~. i' r,: f•'.' J lr \\ _.' ~.- f /~F ,. "'GOO ~. 8\~ r• .,~- .~ O/. ~, ~~f/: /I~9~ .. _ ,_ i :/, / I.. PROPERTY BQUNDARY ~;, ~"~ , '~' - ,-~ ~. ` ~ .`~.;: °v 1~.( . \. . .. 1- ~ .. _ ~ '. `': .... - __ ~\' _ ;,. . - - ~_ _ - z<, o _ ;:: ~~ ;~ :. , ,. . . ,; ' . . , _ .. •o .. ~ _ ...: , , _.... . .. ~ i.. \ ... ~ :.. `~_ / ;.\ f ` ', ~' ~ \D /`, ~~~~rad® ~~visi~~ ®~ ~~dli~~n [V~~a~e ~~~~° ~- ~~ ~ ~ ~ ~i ~ Prepared by: DESIGN WORKSHOP, INC. July, 1998 ~ ~ ~ /~~~ . 1t 11 0' 2 000' 4,000' \~ 0 100 , ODU03G Legend _ Winter Range f ~ ~' I Critical Habitat ~~~ Severe Winter Range x e ` \~ ti~~"-~~ /! ~~:, \~\ ~~~ ~ ~ ~~~~R-. ~~7600 .. : , . • Vii, .' ~;~ `~;~~: ~~~o~'a~® ~~v'tsion ®f Vt1~~~~i~e. ~~k r~ ~ ~~~ Prepared by: DESIGN V~1ORKSHOP, INC. Juiy, 1998 N I 1 /~/~ . ~L-.-~ I ` I 11 0' 1,000' 2,OOG' 4,000' . .\ ~ OU003~ Legend . Winter Range f ~ ! ~ Critical Habitat G 'r, w ,JJ r~ ~~r/; j. ~:q /11 ~~~~~~~ !~ \'t \ .""~~.J~ ~~~% ''- -'1~l rn -~ ac90~ % /~ . `~ ~ 1 mot. ~ ~rJf 1::\_/ ~~'~ •,.:'. %;l t , i~,,,~.~; ~; t;_;;\~f', ~\~~(~ : ~;i 14:x//''"%%~ r-~~o~ /~ ' -_ a6oo~ l % ~ '' ~ , n ` r-: i / ~t( rl ~, ~,_~~, .!Fr.,>i/; O p: ',i .. - - r.~,• '!'~' a\~i .LL ~'`~",';y~'~ ~'\~. ~oo \~Ll; j '\C`\~~'~-~ Jt ~- ,~~ ~r Jim '~e~d >. - '/~,~! -) ~;.:~ ~ _ ;~\ ~~.,%J/ ~:'.' ~~~\-~ . '~-~ / ~% /~ ~ , • T ~1S ~~`h I/I r /• ~)~.'(~ (~. /' .~.i~. : f m' \ . i:.~~ ,`~1 I'.- . i ' ' {~ ~~' i~C I-~, i~'~\ .~oo ~~: ~~~ it ~ ~tlU% r, ;>),:I. f( \.. _ %'~ ,~,/J. -.' ;~~ .. -,~;I°~''a: -,.I;;~ ,~. 1 ~~-.=~~~" J (~~Sr .lj :.1`i ..1:~!i) 1,) },fL~j _ _.. /. ~., '\. - .fir \ ' j,~•, ~,I'•'i-: ~' :;%ri~: to i.~~ -,. ~\ ., . ~ ~. ,l ~t ~ . _ ,' _ 11 ,~ r: -- ..I..: -~~ /-' r ' . 00 _ - :,,,-. .rte _ f• '!, _ r - . _, "fir. 'S~ '~~ ~`: ; ~~_v~~_ ~t %~- ~>t ~- .~ • "l,',i'. :%r { l ~ / ~.i ~\~ .'..~?~ -,~/ ~ LIMiT OF MAPPED if1FORMA~fiON ;• ~- ~\ ~:~``- - . ~ ~ >~~ ~. _ ~' 3:\~ ~•-'~~: \ ~.. PROPERTY BOUNDARY 1 f ~ •. j ~ ~;:'<~/ j - ,;~. ., _ , - rte. ~,~ - ,~~ ~~ \. - ^I ` - __ ~ ~ -_._-_ - -: i~~- i- /.:~ •.., .i. •~ . 'O • ~ ro I' . .~~ / _ ~ - _ - r r. ;a ./ - •. .~ .. ._ :.... "`7800 -/ - __ _ ... _ .-... t^ f` -'~ • ,~ Y ~ .. __.. - _ - - _ 1 .-._ ~.. I 1 D \" 2/` 1,'7/111 i!~~ =-~ )' ,. r-. • ~~~~e ~o~-es~ ~es~~ ~~~~~r~ hazard ~p _ - ~~ ~i~ t ~ Legend __- ~ ~ ~ _ Prepared by: D~S1GI~ ~IORKSHOP, It~C. ~ q -Law Hazard July, X998 B -Medium Hazard X -Severe ~-iazard (Bush) { ~ C -Severe Hazard (Trees) oa' ~i-~ 0' 1,000' 2,000' 4>0 ._ OUOU~4 . •e s fj JJ /) +I ~: ` ~`_~- \~% /~_. ~' - ' ,':~ .~ i `moo ` '• 7;~.\ ; ~ /,. ~~~ ,~+~ ~ ~~J ~ ~.../~~O ;!- ~':.~~ - '/.!~ _ ,/.; iii' .') ~~.~~ 1 ~ ,$. ~ ~ - ~...:: 1~~, ~ ?' ~/ , ~,,~~i '~~:~~ f ~z r-~ ~,--:. ~ : '8600. .a; ~ •: "~,' _- ' ~~~~` ~ \f~i' 1 Il~.%r` ~11 ~~~L `t~ ~1~ r.`~ I.:~: 1'.i VK f 1•,~• ~f ~ •'~\.. _ '~/ - /l { '~'.// \\~\\ \ -~'+ •~1% / / 1 ,`~~`>1)I 1 ~~I !(\ ~ ~ ~~\ 1~ '!ice/,~~/ :1/, '/'' ~l •1 uk_~• -_ f. ..., 1~;. i J7 ?I ,l -' I;,t`\~ s, >~li,joo~!! i','f' sso~~r~; / ,` ~_ '/r ~ \ ~•'r~'~_ ~.. ~i~ \`,-. /, /~~ i\\,\ :`^_. ~_:.=~\'/ 1~\ - :! Olt lei. \\~\. ~\~ - .' 1 ~.w 1. ~ \. - : 1. %'~., ~i-:~=~ ,i1 ,. _ ~ .o , _.` ~_..t._ :...: . r:(I:_ ~::.-~~ lot . ) ~ •~,1~: ~~;;~;.-= , r. ~' !%. - 1 'v°~~ _ ;'~ fool. .~~~,Itfe~`\(/.~~ ~!~c.\. ~•,,• '•'~' ~ PROPERTY BOUNDARY ;. o ~ -,: - :~. Fem. ~•~~~~-~ i/ .• ~ i~F ~ "' .... • `. - ~1~ .. _ ... `~~- _ .o • is ~. ~ ' - •. , c ..; Y .. .. .. .. ~ o '~ r• I' f - ~ O ~ / '\ ~'. ~` ~.:` .:... • ~ i.~ ... 1 - \ . . \, .- .._._. ~~ ..,: `:~.\ ~-: ~'• ~`il. ~~ -\' ,alt; ."` ~ ~\ ' f-•~: ,\ \.j' ~~•i .. .._ .N\\ a'\ .• • '~ .. -_ .. \ ~ , ./ir~l\• `)\~' '; 1~~. \,_'i:\~~,,1 1 ti .. oodv cr i , ~ ~~~ c ~ '~ 1i~"!~ . , ,. F'~~~r~t~a IGe~iO~i~ ~fazar~ dap ~~~~~ ~d - Legend Prepared by_ Q1=S1GN ~JORKSHOP, li`IC. F - AI(uviaf Fan July, 1998 ~ T -Talus Slope k I ~~ P'I - Potentially Unstable Slope ` (Unconsolidated Materials) ~ P2 -Potentially Unstable Slope 0' x,000' 2,000' 4,000' (Bedding Plane) ~~d~~ ~~ ' /~ . \' .~`•. °; ,~ , .-.-.. - - ,. r~... .. - - - ~ -- - - -=-- -= ma'y'` ~\ -_~ \~_- ~~\ '. - _ , \~~~ ~ l~~ ~c~i1 ~~~se~a~ic~r~ ~err~~~~ ~liap Leger-d ~r 9 - Ansel-Anvik Association (25-45%} 14 -Callings-Yeljack complex (25-65%) 33 - Earsman-Rock outcrop complex (12-65%) Prepared by: DESIGN WORKSHOP, iNC. N ~ 50 - Gos[in fne sandy loam~(6-25%) ~ UIY, 1998 86 - Morvai loam (25-40%) ~~~~ 97 -Southace cobbly sandy loam (6-12%) 4 98 -Southace cobb~y sandy loam (12-25"/°} - ~ 99 -Southace cobbly sandy loam (25-55%) - 6 65% l `~ 104- Torriorthents-Camborthids-Rock outcrcp complex(- } 4,000 110- Uracca, moist-(vlergei complex (25-05%} 0' x,000' 2,000' t - 00003~ fr ,_ l\.\,\ ,-:,'- _;/F. n /~rU,' ~ I '~ it ;` ~~' : ,,:~ ~ . 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Potential Avalanche Area July, 1998 ~ i ' //~ '~ t . 0' 1,000' 2.,000' 4,000' \~ 000~~ ~ ROC~I~Y MOUNTAIN ECOLOGICAL SERVICES, IN.C.; NEPA••WILDLIFE••VEGETATION••VVILDFIRE MITICrATION••WEZT,ANDS••PLANNiNG November 7, 2005 Woody Creek Ventures, LLC Attn: Clark Lipscomb 132 West Main Street Aspen, CO 81611 RE: Chaparral Aspen Rural and Remote Parcels, Lots 7 & 8 Dear Mr. Lipscomb Please submit this letter with your application to Pitkih County. I visited Lots 7 & 8 in the Chaparral. Aspen, in Pitkin County, ~ on November 1, 2005. Mr. Clark Lipscomb has requested a 1041 site review for Wildfire Hazards for the. eventual construction of two single family cabin for intermittent use. The proposed building . envelope site is considered "Low Hazard" as the slope is less than 20% (actual slope averaged 3%) and fuels were dis-continuous, and dominated by low flammability aspen stands. Therefore, the following Mitigations are recommended for any new construction: Vegetation- As during construction most of the vegetation within at least 30' of the structure will likely be removed, re-planting of vegetation must adhere to the following: 1. No more than 5 coniferous trees may be planted within 30' of a structure. 2. Vegetation around the house should be kept to less than 6"within 20' of the structures, aside from fortis and grasses, additionally, clumps greater than 10' across of shrubby species (deciduous and coniferous) should not be within 20' of the structure, even if irrigated. 3. All branches from trees and brush within the thirty-foot perimeter shall be pruned to a height of ten feet (10') above the ground with removal of ladder fuels from around trees and brush. 4. All deadfall within a 50' perimeter of the house shall be removed. 5. Installed or native landscaping within 20' of the house should, not contain any brushy species- only orasses or fortis are allowed. 6. Aspen trees are~allowed to remain (or be planted) even within the 30' perimeter as they 0222 BOBCAT LANE REDSTON$ COLORADO 81623 PHONE/FAQ: (970) 963-2190 CELL: (970) 309-4454 EMAIL: ERIC.PETTERSON@STARBAND.NET :,;~ ~~ ~; ~ ~ ~ ~ , n . _...__ `fir a x-~; u Lats 7 dr 8, CbaparralAspera 104J IY/aldfare Hazard Bevieav November 7, ZOOS occur, as long as they are not within 10' of the structure; and are kept (imbed to 10' . (unless the trees are less than 10' tall). No trees of any, species may be within 15' of any window. 7. 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 Cons#ruction Standards), the general area around the .building envelopes is very far from fire department response, Therefore the following modifications to house features that regularly ignite during a wildfire event'are recommended: I1. 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 sloped surface), the open space between grade and the underside of projections below the roofline shall be enclosed by solid, vertical: walls. These walls shall be constructed with materials approved for one-hour fire-resistive construction on the exterior side of the wail, and .shall extend from the top of grade to 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 shaA be protected from accumulation of vegetation materials by placement of a vegetation barrier covered with rocks or gravel, or by coverage with concrete or stone. Walls underneath projections shall be constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the wall. 3. An alternative fora deck or porch is use of non-flatnntable hardscaping (flagstone, cement pad, etc.) that is at feast 18' wide. Some planters may be in this area, but cannot contain trees (except aspen).or shrubby species. III. Foundations and Stilt Construction 1. Foundations; skirting and crawl space openings .shalt be fully enclosed and ~. constructed with. materials approved for 1 hour fire-resistive construction on the . . exterior side of the walls and shall extend from the top of grade to the underside of the. floor decking or walls. 2. Stilt foundations shall be fully enclosed and constructed with materials approved- . for 1 hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls {not including porches, patios, etc.). ~ . ROCKX A~IOUNTAIN ECOZOGIGIL SERVICES, II`C ~~~U.~J November7, 2005 Lots 7 ~' 8, Chaparral Aspen 1041 IYlildfire HaZ~rd Review IV. Roofing ~. ~1. Any new roofs shall be constructed with aClass-A roof covering (see UBC '1997 Section 1504): 2. IVlinimal roof pitch will be 3:.12 on any new roofs- if roofs are less than 3.:12, then rooting material must be non-combustible (not just Class-A), and be cleaned regularly to minimize accumulation of leaves and debris. 3. Vents shall b.e screened with corrosive resistant wire mesh, with mesh ~'/4" maximum on any new or existing roofs. . V.~Maintenance 3 1. Roofs and gutters shall be kept clear. of debris. 2. Yards shall be kept clear of all littler, slash and flammable debris. ,~ _ ' ~ .,~. ~,. ~.,~ _. ~~•: ~ ` ~~ ~: Cabin should be set back 25-3Q' from the slope break All flammable materials (including firewood) shall be stored on a parallel contour a minimum of 30' from any i structure, or within a separate ~ ~ ~ ~~;;~ ~ , , . `, ~ ~~ ~ F~-~. ~.:'~ . structure. f '~~ -~' ~ ~ ` 4. Litter and other flammable materials (including brooms, newspaper, , old wood, flammable mulches, etc.) shall. not ~ be left adjacent to any structure. Vl. 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 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. ' 4. Addresses shall be clearly marked with 2" non-combustible letters and shall be ViSlble a~ use ~~imaiy point .'3f aCCeSS'frOi'ii iiiir~pCibiiC: vi" c,iiiT~l"flc7i1 access road an i ~h rr: installed on a nori-combustible surface. 5. Fuel or propane tanks shall be installed underground. with an approved container. 3 ROCI.'Y 1~'1<~VI"Z'`~IIJ 11COT,OGIGSL SERVIC1rS, INC ODUU~D c. Z..ots 7 dr 8, ChaparralAs~en 1041. IYlildfire Ha~drd 8eviesv November 7, 2005 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, forbs and: fow shrubs) shall be kept mowed to less than 6" within 10' of either side of the driveway. . IX. Utilities ~ . 1. Utility lines shat! 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}. Wildfire hazard areas shall be delineated within fhe building envelope consistently with the definitions of section 3-80-070A.1; provided that, in the case of varying hazard levels within the building envelope, 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 'M 1. All development shall be reviewed for compliance wi#h this section. Along with a building permit application, the property owner shall submit a site plan that shows the mitigation set-backs detailed in this document, at the time, of a building .permit submittal. The standards s#ated 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 feel free to email if you have any questions. Sincerely, F~ P~+~+- Eric.Petterson Rocky Mountain Ecological Services, inc. 'tF ` Roc.RY R~IOUNTi11N ECOLOGICAL SERVICES, INC OODU41 4 ~ : ~ ._a ,~.. 1^ ! ~ ~ .~~.1f v ~F:4E'~'~~ o ti,.,f"' L.id/~ L~~j E' (,2 dt''J ~~~* ,RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PTTKIN COUNTY, COLORADO, APPROVING AN AMENDMENT TO.TIHE CHAPARRAL ASPEN SETTLEMENT AGREEMENT Resolution No. Q~ 2004 RECITALS l . Woody Creek Ventures LLC ("Applicant") applied to the Pitkin County Soard 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 wliicf~ the Ranch Manager's unit was required.to be constructed. ~~ 2: The property is (ocated.on Upper River Road, and is described as Homesteads.l•10, Chaparral Aspen and Parcels. l -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 1041 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 currently expire on February 5, 2006. 5. The' BOCC initially heard this application at a dulynoticed public hearing on November 19, 2003, at which time evidence and testimony were presented with respect to this application. The BOCC approved the application on that date contingent upon the County's ability to legally create an enterprise fund or to facilitaze the imposition and collection of the proposed assessment. The County Attorney subsequently determined that the assessment was not legal and counseled the BOCC not to accept the .. assessment as part of the proposed amendrr-ents. 6. The BOCC subsequently reconsidered this application at duly noticed public hearings on March 24 and April .14, 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.benefitstoth~ 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 ' Pays: 1 of 8 OS/24/z00~ 04:14P SILVIA DAVIS P~ITKIN COUNTY CO R 0.00 p 0,00 oooU4 ~~ - ~Resvlutinn Nn, v~ ~'2l)04 . !'age 2 NOW THF•REFORE 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. l 0 tots on the main ranch shall be reduced from 100,000 square feet to 85,000 square feet of floor area (as defined in the Settlement Agreement), such that five of the residences shalt contain'no more than 10,000 square feet of floor area; four of the residences shall contain no more than 7,500 square feet of floor area, and one residence shall contain no more,than 5,000 square feet. 2: The Applicant may seek approval from the County for three additional rural and remote cabins on Parce}s 6, 7 and 8 of the Remote Parcel. The Applicant must obtain development rights and all . applicable approvals, including 1041 haiard review, for the three cabins. 3. All of the cabins on the Remote Parcel shalE be subject to the following: A. Management, maintenance, and use of the cabins will 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 muttiple 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. The three additional rural and remote cabin sites (lots 6, 7 and $) 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 rural and remote cabins are limited use .cabins intended to serve recreational purposes and are not planned or designed. far year round occupancy. .. D. ,The design guidelines will pt'ovide for the use of reclaimed materials designed to blend into the -natural landscape,.similar in nature to the cabin constructed on lot 10. All six of the cabins will be located 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 ail 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 easernent from Upper River Road ~ , across the Main Ranch parcel; The.trail shalt besubject to the restrictions contained within the 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 f'or the tt•ail, whichever comes first. Construction.s11a11 be comp{eted priorto issuance of any Certificates of Occupancy for the affordable housing units on Homesteads l 1.B and 11C. The trail sliall. 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.pettnit to construct the trail. , 5: The deadline for construction of the ranch manager's unit on the 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 1 until the Certificate of Occupancy is issued. for the new unit. .. 6. Statutory vested tights for the approval contained herein are granted pursuant to ilie Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set fortis in~Pitkin County Land Use. . 497955 ` 05/2/2@b4 04:14P Sit.VIR DAVIS PITKIN COUNTY CO R .0.00 D 0•0e Resolutio» N~.~-2004 Puge 3 Code, § 4-140 and C.R.S.; § 24-68-1 O5..The statutory vested rights granted herein shall expire on February 5, 2021. • NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES, on the 8'h day of August, 2003 and the 2 I "' day of February, 2004. APPROVED AND ADOPTED on.•~he t 4~~` clay of April, 2004. , •PUBLISHED AFTER O~TIO~ FOR VESTED REAL PROPERTY RIGHTS in the Asven Times Weekly on the day of ~ 2004: ~ , r, ~~ y ~A ST: ~ ~ BOARD OF.000NTY COMMISSIONERS .~ . OF P1TKIN COUNTY COLORADO Je. ette Janes, ~~ De uty Clerk and R~order APPROVED AS TO FORM: -~~~ ---=~~ John EI • Co rney ~. 1 Dorothea Farris, Chair , Date: ~•-Zy• o ~j/ APPROVED AS TO CONTENT: y Houben, Community Development Director Case #P079-03 PiTD# 264309401001;264309401002,264310201003,264310201004,2G431020i005,264310201006, 264309101007,264309101008,2fi4309tOt009,26430920t010 ii~~m~~i~na~u~u~~i~ ns~o: oaou.~. .. .n .. u . : ~ l II~IIr~illli llll~t 1111111~11~ 1~~llli~ll ilf lilll Illf III ~~ ~~~~~~ ResalutfonlVa. ~5'~2004 ` 451430::0/13/2001 10:.04A RESOLUTI DAMS SILVI Page.:l' _ ~ i of.' 30: R. 0.00 ' D 0.00 N @ ~. 00. FITKIN COUNTY CO RESOLUTION OF TSE BOARD OF COUNTY CC7IVIlVIISSIONER.S OF PITI~IIY COUNTY, COLORADO, ~.PPROV~IG THE BRAUlY R~YCH SETTLElYlEi+iT ~.GREEMENT Resolution No, l5'Y-2000 RECITALS 1. Woody Creek Ventures, L1rC, as the successor to the St. Clair Company, is the current owner of two, non-contiguous parcels of .land iri Pitkin County, which together contain approximately 903 acres. The "Main Ranch Parcel" contains 553 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 3~0 acres and is undeveloped. 3. On July lit, 1999, the Board of Counry Commissioners ("BOCC") denied St. Clair's request for approvals for.the Main Ranch Parcel, pursuant to Resolution No. 99--t;. 5. On August 1::, I999,~ William Braun: the previous owner of the parcels, and St. Clair .fled: a @ Complaint (Civil Action No. 99 CV 165, Div. 1) for (1) Rule 106 review, (2) Denial of due process and equal protection, and (3) Declaratory Judgmenf 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 IO unrestricted dwelling units each containing an average of IO,OOO.squaze 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 JuIv 18, 2000, and forwarded a recommendation of approval to the BOCC. ~; • 6. Tlie settlement. proposal was considered by the BOCC at regulaziy scheduled meetings on February 22 and 29, and at duly noticed public hearings on August 22 and 23; and September 13, 2000. 7. The BOCC Fnds that the settlement proposa! 'satisfies the objections raised in Resolution No. 99- 43 and complies with or satisfies alI of the County's requirements and criteria for the approvals _. Resolution 110. lsSC2000 = Page 2 agreement. Settlement agreement shown as Exhibit "1" NOW, 'I'HER.EFORE+ BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve, the Braun Ranch Settlement Agreement and the E;chibits 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 HE~It tY~iG PUBLISHED IN 'C~iE ASPEiY 'I'IItiLE~ on the 1 ~'~ day of July; ?400. F. 200 . described in the attached settlement agreement, 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 APPROVED Al'YD ADOPTED on the 13'~ day of September, 2000. ~1 PUBLISHED AFTER ADOPTION IN TT~E ASPEN Tltii IE~ on~ the ~~ 'day of --~-~~'Z', BOARD OF COUNTY COIVt:ivIISSIONERS, PITKS.N COUNTY, COLORADO ATTEST: R. ean; Cleric to the BOCC APPROVED AS TO CONTENT: r r _. C ~~? /'` , .Cindy Houben Community Development Director B ~ ~ ~~ ~i.Gl ~~~ . y _ ~~'~ "~ ^;; . -' ,,.; Chair ~ / 1~QE~.~ APPROVED AS TO FORM: __._-- - ~, ._ John Eiy C ttomey P138-98 / PID 726430940000! /lsuzannewipitkinicaseslspecrev~braunlsett[ementlsettlement reso r ~ ~~~~~ ~~~ ~~I~~'~ ~~~ ~~II~ ~I~~ ~~~~ 1 fllili llllf lllil~ Ifilll 0O®~~~ _ Z ~ 4'31430 02/13/2001 10:048 RESOLUTI pAVZS SILVi ~ _r is e a ao- n A . A~ N 0.00 PITKIN ~C0t1NTx CO • .. {-t , Tl s 1 /,f S - ZOOD 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 Parcel" 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 Board 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 Parcel, 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 Farcel 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 ^s o common equestrian and agricultural facilities. The number of single family lots and caretaker ~ dwelling units was subsequently reduced by St. Clair to 14. ~~ >~ ~J Z v, ~ E. Tlie application requested the fallowing approvals: _ ~N .» z ....o ~ 1. 1041 `Hazard Review. and Conceptual Submission to establish building and ... ~ ~ development envelopes. on each proposed lot. . a •m o e 2. GMQS Exemption to replace 4 legally established dwelling units a mz ~ ~ ~ 3. GIVIQS Exemption and Special review to .designate certain lots as. TDR receiver r~ ~ ~ sites. . r"i m o. ~ ~ N ~ 4. GMQS Exemption and Special Review to construct caretaker dwelling units, and ` m employee dwelling units. N 0: - ._ _ . ~~~ ~ N N! ~~ c ~, " 431430 02/13/2001 10:04A RESOLUTI DAMS ~~ ~ Q Q Q (j 4 ~ ~ 3 of 30 R 0.00 D 0.00 N 0.;00 ~ITKIN CDUNTYLCO ~ 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, 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 (the "Court") challenging the BOCC's denial. H. 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 ar~d 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 10,000 square feet above grade, moving the access for the project 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 22nd, August 23 `d and September 13,'2000. The meetings of August 22°d, August 23`d and September 13th, 2004, were noticed by mailing, publication and posting. At these regularly scheduled meetings, the public and all interested parties were afforded the opportunity to provide comment on Braun Ranch-2 and the January 12th Settlement Proposal. J. In addition to opportunity for comment at public meetings, the public and all 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. I2 Settlement Proposal. K. On April 14, 2000, St. Clair assigned alI of its right, title and interest in and to the Main Ranch Pazcel and the Remote Parcel to Woody Creek and Woody Creek acquired those Pazcels 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 CCommission and staff, the public, the Woody Creek Caucus Planning Commission and Woody Creek, the BOCC has determinedthat BrauriRanch-2 satisfies the obj ections raised on July 14,1999, that Braun Ranch-2 complies with or satisfies all of the County's requirements and criteria for the 040045 -2- " ... _ # 4'1430 02/13/2001 i0:04A RESQLUTI;DAV~S SiLVi 4 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO approvals described below, and that the Court should enter ari order causing the approval of Braun Ranch-2 as more particulazly 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 jointly file 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-2 which consists of the following elements: a. Ten residential lots on the Main Ranch Parcel ranging iri 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 Rernote 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 aIl: of which will be located on.Lot 1 I . The eight (8) units will. be owned and operated in accordance with the voluntary rental restrictions as described . in Paragraph ~A.10 of the Conditions of Approval referred to in Paragraph 3, below. ` ~ d. ~ Agricultural and equestrian oriented buildings and facilities to be located on Lot 1 1. 2: Description of A~orovals. 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 lots on the Main Ranch Parcel. b. GIvIQS exemption to replace l 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.l . of Exhibit C). c. GMQS exemption for the construction of new dwelling units which may contain a maximum square footage.allowed for any lot within the Main Ranch Pazcel asset forth in Paragraph A.1. of Exhibit C, on any three lots within the Main Ranch Parcel 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. -34 ~~DU4J 1111111..11111111III 111111 II Ililllll 111111111 I I I~ 951042 02/15/2001~11,00A ORDER DA IIIIIIIIIIII 431430 02/13/2001 i@:04A RESOLUTI DAVIS SILVI . R _e za e a AA n a AA V a as e+rr:riNSr_nl~TV en 5 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY Ca" d. GMQS exemption grid special review approval for the use of Transferrable Development Rights on any of the residential lots on the Main Ranch Parcel for which the above referenced replacement or historic GMQS exemptions are not available.. e, GMQS exemption and special review to construct caretaker dwelling units on each of the 10 residential lots and for 8 employee dwelling units to be constructed on Lot I 1 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, Sscthe O der a crovmg expire five (5) years from the date on which the Court ente PP Braun Ranch-2, as contemplated in Paragraph I, above. ;, Conditions of Annrova~. Tlie approvals described in Paragraph 2, above, aze 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 Declaration of Protective Covenants, the Development Agreement, the Design and Development Guidelines and related documents which are referred to in the Conditions of Approval may reflect a project name 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. b, Costs and Fees,.. Each party. shall be responsible for the payment of all court costs. and legal fees incurred .by that parry. in this action. 7, Release of BOCC Resolution 99-42. Upon recordingRoef o utioOn 99 42 Approval to be issued by the Court in the public records of b ~wluch the initial Braun Ranch (Reception No. 43b904 in the public records of P.itkin County) y application was denied shall be deemed repealed and of no further force or effect. OOOUS(~ i uuii niii niu~iniii p iiimii iini m mii iiii ini a I I ..... II 4E1430 02/13/2001 10:04A RESOLtlTI DAVIS SILVI ! ..L' 4A O A AA M A AA U A alA OTTYt-! PAIIf,ITV /-A _.--... Executed in duplicate originals the date above first written. WOODY CREEK VENTURES, LLC, a Colorado lim' ed liability company By: G. Sarpa, Manag~gf William Braun G:\Client4Woody Creek VentweslSettlement Agreement a 00005 niii niii ngu iniii ii iiinog iini iii mii ini ini -5- BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY Ch 'airman Attest• ee R. Dean, Clerk to the BOCC I! 431430=82/13/7001 i0:'84A ~ESbL> I DRYIS SILVt 7 s1' ~A A A.AA A A AA N A AA PiTKiN L`A11NrY CD ! !1111! 11!!1 111111 !1111! ll 1111111! lull Ill lull 1111 Ill! 4SiS42 02/1~S/2001 11:00A ORDER DAVIS SILYI 442348 04/14/2000 03:23P ~rtC WD DAVIS 52LVI 8 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 4 of 9 R 43.00 0 2300.00 N 0.0~ PITKIN COUNTY C_ EXHiB1T "A" . LEGAL DESCR1PTi4N PARCEL I All that part of Lots 2, 3, 4, 12, 17, 19, 20 and 21 of Section 9, Township 9 South, Range 85 West of the 6th P.M., 1y~9 Easterly and Southerly of the following described fine: t the West Quarter Comer of said Section 9, thence S. 68 degrees 58 minutes 16 seconds E. 822.41 feet to a Beginning a fence corner as consVucted and 'sn place; thence N. 03 degrees 40 minutes 16 seconds '385.83 feet along sabd fenca to al eblar and cap5ritpiacece; thence N. 23 degrees 14 minutes 57 second thence N. 79 degrees 44 minutes 55 secondds E. 549.34 feet along said fence to a rebar and cap in place; thence N. 30 degrees 51 minutes o9 seco g lace; thence S. 43 degrees 59 minutes 38 seconds E. 718.3 fe t along said fence to an oldri ondbarfound in place: thence N..30 degrees 37 minutes 0 thence S. 39 degrees 55 minutes 49 secQn~dds E. 694.62 feet along said fence~o aeebaaand caprin place; thence S. 49 degrees 17 minutes 04 se thence S. 65 degrees 43 minutes 21 seconds E. 94 01 feet along sa dfenceeo aaebaaanda appn p alts; thence S. ~9 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 plat?; thence N. 59 degrees 33 minutes 11 s thence N. 45 degrees 41 minutes 47 secondds E..464.49 feet along said fence to anentersecion w'th a fence as constructed Thence N. 31 degrees 41 minutes 10 secon •nd in place. ~.. EXCEPT that portion conveyed out by document.recorded December 22, 19'7 in Book 340 at Page 851. PARCEL It Township 9 South, Range 85 West of the 6th P.M. Section 9: Lot 16 and the NE 114 NE 114 Section 10:. Lots 10 and 11 PARCEL I11 Lots 7, $ and 9 in Section 9, Township 9 South, Range 85 West~hw stertl of the foilowaing described 3ne;and 6 in Section 10, Township 9 South, Range 85 West of the 6th P.M., lying No Y Dint on the South line of said Section 9 whence the corner commoner Sections 9, 10, 15 and 16, Township Begmnrng at a p 9 South, Range 85 West of the 6th P.M., bears S. 89 degrees 10 minutes E. 50.9 e , 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 feat; 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; 'hence N. 38 degrees 15 minutes E. 160.00 feet and thence N. 52 degrees 33 minutes E. 512.00 feet to the North Brie o said Lot 3, easements described in Document No. 101920. PARCEL 1V n~ ~ Township 9 SoutiQ ~~ eat of the 6th P.M. 4! V VII •v==..~~ ~-•- ~, a; Section 9: Lots 5, 6, 10 and 11 erection 16: Lots 2. 3, 6 and 8 All of the above described tract of land was originally patented as the S 1!2 SE 1/4, NW 1/4 SE 1/4 and SW 1!4 NE 1!4 of Section 9, Township 9 South, Range 85 West of the` 6th P.M. EXCEPTING, however, alt 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 Subdivision lying within subject property. Section 9: A!i that part of Lot 13 lying North. and East of the Denver and Rio Grande Railroad right-of-way. PARCEL V Township 9 South, 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 VI Township 9 South, Range 85 West of the 6th P.M.. Section 3: Lots 1, 2, 3, 4 and 5, SW 1!4 NE 114, S 1/2 NW 114 EXCEPTING i=ROM THE ABOVE: BRAUN SUBDIVISION, according to. the Pfat thereof recorded December 26, 1996 in Plat Book 41 at Page 21. 442348 04/14/2000 03:23P SP£C WD DRVIS SILYI S of s R 4'3.00 D 2300.00 N 0;00 PhTKIN COUNTY Ca Oy0~J05 481342. 02/28/2001 1 ~ ~~ I~~'~'~~ ~~~~~ ~Il ~~~~~ ~'~~ ~~'I q of 30 R 0.00 D 0,00 NA0~00£PI INSCOUNTY CO .. 451430 02/13/2001 10:04A R£SOLUTI DAVIS STiLVI + 9 of 30 R 0.00 D 0,00 N 0.00 PITKIN COUNTY CO m. u. n, ~ i i i ~ ~ i i ~ 'wwo uit ~+~ I lill iii li~l i i. ei~l~iiii ii ii iiii~ , I ~•. Mm~7 N U 2 ~~ R m a. 0 Q ~. 0 J (O ' V .111:. ,~t~~.:,~ l..,i' T .. .~.,, :' Q 1~ :~: iRp N ;... .' . ...t (r, ''I ~ v~~NQ~ (~ '~ ..~ .,,r -, ,',. ~F.- Yl, .lV g .. ..leer ~~ ~ ` ~ Q~ • 1111111. .III ~ ~r~~se4Y ~ ~ m~R 0 U Z n~ Q~Q~It n ~ _. I 431430 02/13/2001 ~0:04A RESOLlJTI DAVSS SILVI 10 of 30 R 0.00 A 0.00 N 0.00 PS7KSN CnuNTY ce 0 g U ~. U Z =o T~. ~ 0~6~ aR~ ~ RC1 PO a N_~ps z n ~o b C ~ p~ <~~6 .~ 1 ~uw ~g~~ ~~S W ~ W s u `~~ s_$ ~~s~ o°a a o~~~$ U ~ '~~ C ~Y~ X a V qx~~. +i `IIi11111111[1 Ili 111111 III IIII ^ ~ ~~~II1 ~'~~~ ~'~~~~ I"l~l .~OA ORDER DAVIS SII.Vt 431342 02/13/2061 11,0 10 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNT1l CO 61 • ,1 ~~ ~ i i 1 i .11 YNt OV 11 i 1 F u Mt11 ro i ~l f11FMY1Y' IOMWAW~.+:~ nMrt~mOw vrv.wwLlwioo,ow AA"WgONVf7/Pir LYgiO't~VO ~~ N7MIY MMq y~ b ' ' ~ • w i +oww w t i L,r 1 u+ MO % ~ ~ e ee,rew 4M'07 M,1Y 71 'lFr (~p'jr W - .. ^ ~ ~ ` ~ ~~~~ ~~ ~Y ~~ ~ ~ ~~ 4a y $ t _ iii+~o IIIld~,ri li ~ a ~' N rn ~ / ~~ v . ~ ~~ / Q ~ :~ /~ ~ v,, ~~ /~ a ~ / ~.~ /~/ / / ~<• tl / ,~ y/ ~ .: ~ ( ~ / M /'~ \ ~ / \ I ~ r'1~ ~ U Q I I ~y ( /r ~ v I °a I J ~~~ ~ ~~ ~ ~ ^~~ ~ °y i 1 co ' ~' ^ ~ ~~ // ~ a~ is : ' / ~IY~ \ / ` / -~`~ ~ ~ ~ a.: ~ ~ --~ yy > ` Q ~ ~ '~ i V ~~ ~ /~ ~ ~ ~ ~ ~ ~ 1~ O^ ~ ~~ ~ ~ / ~ f ~ mm ~~ .= `'i ~'~~ > ^ ~-,t,~ i ~ ~ ~^ ,5,~- /~ _a- Y ~.Q w ~ > I ~~ ~d~ / ~ fi; ~/~i / rt ~ d . 4 ~ ~ ~ ~ ~/~/,/ / r / ~O O \~ ~0 /~ j~ ~~m m a ~~ ~ /~/~ ilk~~ Off. - \~ /~;//// ~~~~/i / ~ m ~'i / m m ~ ~ N lr) '~ at ~. ` ~ h~0 [ ; ~ . ~ ~ 0~~0~~ E 451430 02/13/2001 10:04A RESOLUTI DAVIS-SILVI 11 of 30 R 0,00 D 0.00 N 0.00 PITK2N COUNTY ,.......„,.~ CO ,,.,.,~w..,~ ~„ ,'I EXHIBIT "C" SETTLEMENT AGREENLENT BETWEEN WOODY CREEK VENTURES, LLC, WILLIAM BRAUN AND THE BOARS OF COUNTY COMMISSIONERS OF PITKIN COUNTY BRAUN RANCH-2 -CONDITIONS OF APPROVAL ~,, The following conditions shall apply to the Main Ranch Parcel. 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 unit baand such decOk, porch and overhang grade floor area, 754 sq. feet of above grade garage space 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 following manner: two dwelling units may contain up to 15,000 square feet, two dwelling units may contain up to 12,000 square feet, and of the balance; no dwelling unit shall contain more than 10,000 square feet. Caretaker 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 hitstt~oanl Structures) will not be allowed and other types of accessory buildings (including agncult on any residential lot. 3: Within Lot I 1 (the Common Parcel) the Homeowners Association and ranch ac lit es, storage sheds, garages, stables, corrals and other customary farm 000 square provided that the total square footage of alI such buildings, shall not exceed 30, 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~o Pamra rash. be reviewed in connection wit shall not angly to t e flo roazea of any affordable housing A.10., below. This linutation PP located within Lot 11. 4. Prior to recordation of the Subdivision Exemption Plat and 1041 H a az oRal asw fo mP ~a the Applicant shall submit the following documents for review and pp content by the Community Development Department and the County Attorney: a, IDeclazation of Protective Covenants, which shall include at a minimum: (1) Restrictions on development activity within the areas defined as $uilding and Development Envelopes. ~n~tQS~ .... __ _...: irili r~lu~ 111111 ii i~i~~~ii ir~~i I~r ~ti~~~ I illlll 451430 02/13/2001 10:04A RESOLUTI DAMS SILVI. 4Sis42 0g/13/2001 11:00A 4ROER DAMS SSLVI ~~ _e es e e AA ~ ~ ~h -E ~ ~~ eTYVYU ww~u,+~v nn 12 si 30 R 0.00 D 0.00 N 0.00 PI?KIN 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) Wildlife protection restrictions and 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 imgation ponds shall be included. as .irrigated lands and, similarly, 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 constructionof 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 areas which are to be irrigated for hay production or otherwise are reclaimed for such purpose within a reasonable time after their disturbance. (S) Adoption of the Design and Development Guidelines by reference and a requirement far compliance therewith. (6) Establishment.of anAgricultural Easement, in which the Applicant shall commit to irrigate, in pezpetuity, at Ieast 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. have been and continue to be irrigated for hay production. The ,easement shall run with the land and shall be enforceable by Pitkin County. 00005'? -a- ,~ ,. ~ ~f ,. ~ ~~iiii i~ri~ i~i~ii i~~~i~ i~ i~i~~«i ~~ri iii ~ii~ii i~i~ i~~~ 4'51430 02/13/2001 10.04R RESOLUTI ORVYS SILVI 4Sib42 02/iS/2001 11:00A ORDER DAMS SILVI ~:. b. c. further subdivision, increase in dwelling unit density (7) Deed restriction precluding and/or development of the Main Ranch Parce~,e of ptransferraeble development development of affordable housing or the .rights. Deed restriction protecting the area above the Salvation Ditch eX~ dM utt~?e~ (8) Parcel. as wildlife habitat, in winch development is prohibitee~sting dig hes and maintenance or upgrading of agricultural facilities (e.g. stems and access roads for same) and maintenance and upgrading of irrigation sy the existing ranch roads. S ec the provisions of the Covenants that aze enforceable by th~ 1 ~ tanhe (9) P ~' a royal, g that cannot be modified or amended without County pp requirement for compliance with the Design and Development Guidelines. t to claim an agricultural (10) _ A provision providing for a perpetual waiver of any nigh exemption from Pitkin County property taxes for each of on thee s suan e of a which automatically takes effect, on a lot by lot basis, up certificate of occupancy for any single. family residence on such lots. issuance of a (11) A provision requiring that, within a reasonable time following certificate of occupancy for the principal £epwner of thetlot iri question shalg historic structures or cazetaker amts), the prepare and record an amendment to the Plat which reduces the building envelope to a maximum of two (2} acres. eernent shall require that Applicant Development Agreement. The Development Agr provide adequate financial security (i.e. letter of credit) to assure the timely completion hs A.10,11 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. esi and Development Guidelines. Such Guidelines shall contain a s ateana ~~~ a D gn ed, install to require landscaping on each residential lot which is design so as to screen, to the extent practicable, the view of resiTedenutira~struciur submis on of all I-lighway 82. The Guidelines shall also incorporate a q royal of the Design Review architectural and landscaping plans which require the app itkin County Community Development Department for review Committee tothe Aspen/P' and comment prior to any action by such committee. d, ~ Trail easement which complies with Paragraph A.28 and B.3 Approval. oaoo5~ ill I 04A RESOLUtI DRVIS SILYI 4"1430" 02/13/2001 10: _ _ _ _ _ _ ~~ w „ ,,,. u a .AA ptT1C?N CQIJNTY CO of these Conditions of -3- .:. .. ~ I IIIIIt III III IINI Iillli Iiilil II IIIIIiII Ilill II S SILYI Iiilll 431642 02/1'3/2001 i1:00A ORDER DAVI . 14 of 30 R 0.00 D 0.0~ N 0.00 PITKIN COUNTY ~ e. Subdivision Exemption Plat and 1041 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 foot 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 Boazd 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 11 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 Covenants 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. Development Agreement. c. Trail easement which complies with Pazagraphs A.28 and B.3 of these Conditions of Approval. J0005~i -4- _ ~ ~ 11 ~ I Ifllfl IIII! Itllll Illl~i If 1III11~1 f111E~ Fli ~1~~[~NI Iftl ~sia 13/2003-i0:04A RESOLUTi DAViS SitYi 4S3S42.02/is/2002 ii:00A ~00RF1TKiN COUNTY co 30 02/ _. _ __ .. „ ea sttKlN COUNTY CO 1S of 30 R 0.00 D 0.00 N 0 ~, Prior to commencement of infrastructure and utilities, the Applicant shall prepare and submit to the County Engineer for review and approval a Construction Management Plan that shall include a construction traffic management plan addr ntrs a gorsf and equipments ass we111 as -traffic, deliveries and parking requirements for co construction traffic signage.and control. g, Prior to submission of any pernu~ for the development, the Applicant shall. submit an application for an access permit for the common road improvements to the Co of t1EnGinvel off River Road in the vicinity foxreview and approval, including the new entry Pit. The access permit shall include plans and profileus recoommendations ofnthe County improvements which will be consistent with previo Engineer. All. road improvements shall comply withh~l ban om letlled prior t nissuance of County and the Aspen Fire Protection Dlstnct, and P building permits for any new residential dwelling units on the Braun Ranch. . Prior to submission of any earthmoving permits for the development, the Applicant shall: 9 a. Submit an overall fugitive dust control plan for review and approval by the Environmental Health Department. The Plan shall include measures to insure that dust does not become a nuisance or blow onto adjacent property. b. Submit a detailed grading, drainage and erosion control plan for review and approval by the County Engineer. Said Plan shall address at a minimum sedimentation control € ~ dig grading and construction activities, and on-site retention. lp, Within 60 days after recording a Subdivision Ex filetan aPl lication for the subdivls on and plan for the Main Ranch Parcel, Applicant shall PP rezoning of the Affordable Housing Site on Lot 11(as d io Hoed bot ° fo ~e d Selopment~of 8 for subdivision approval .in order to create a separate _ affordable housing units and to accommodate ~ hallcontain alle1linformation requiz d by the qualified tenants or purchasers. The application s Pitkin County Land Use Code~and the "Housing Guidelines" of the Aspen/Pitkin County " mcludin a site lan, parking and access plan Housing Authority (the "Housing Authority ) ' g p and floor plans for four 3-bedroom single family dwellie ecutes an acknow edgmen tthatlthe units in duplex configuration. The Applicant shall application for rezoning and subdivision cannot be withdra b1 1 and stomarytconditions as submitted. The BQCC shall be entitled to impose r lasoannt' which consent will not be on any such approval with the consent of the App unreasonably withheld. .Ownership of the 8 dwenllVnlg cunite Housing Authonty will be completion to a Colorado limited liability company o interest. The issued have' the option to acquire an undivided be ll10 of 1%eofbtheesttmated cost to purchase price for the membership interest wi construct the eight units as reflected in the Development Agreement referred to in paragraph 000060 -s- .... _..._ .._ ~~~~~~ ~~~~~ ~~~II~ I'~~~' 1~0A ORDER DAYiS SILVI II g51542,A3p1A~A00D 0100 N 0.00 PITKIN COUNTY cE 451430 02/1312001 10:.04A RESOLU`ti DRVIS SILYI 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 Apgroval. It~is the intent and understanding of the parties that the provision of Affordable Housing, as stated herein, is an essential component of this 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 atl 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 or benefi. ciary of the affordable housing deed restriction. In the event of any Legal action in contravention of this provision, the parries 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 four 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 Parcel. 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 to the certificate of occupancy for each. of the unrestricted units until such time as all restricted units Q00~61 -6- . ._ _~_. !II Il~tl III lIIIII Ill llli Ili ~ I~11~I 111li ~~IIII IlI~II It llll~ DER DAVIS SILVI asia30 02/33/2002 30:04A RESOLUTi DAMS SiLVi 403342 02/i~/2003 ii.00A OR -- -- - ••. s a AA n A.00 N 0.00 PSTKIN 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. Prior to submittal of an ISDS permit for each lot, the owner shalt provide doc Denta~ent 13. • adequate quality and quantity of water from a well to the Environmental Healt ep The well must be located within a building or development envelopes. Well sharing shall be allowed. • 4. For all lots that are Receiver Sites for transferable development rights ("TD ~"I)rran o able 1 to submission of any building permits, each lot owner shall submit an exe Certificate of TDRs and a recorded deed or other assignment evidencing the sale or transfer of the Certificate to the iot owner. The number of CerteSfidCent al structure to be onstructed Receiver Srte shall be based on the floor area of the r thereon, including additions following initial construction. The first Certificate shall allow 5,000 sq. ft. and each additional Certificate shall allo floor0area the firsts750 sq. ft of Paragraph A.l, above, the first 4,000 sq. ft. of sub-grade above 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 Paragr Code below, and thereafter unless such value is revised by amendment to the Pitkin County 15. Prior to building permit application, the owner of each lot shall: . ~_ 00006 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 fromthe CommunityDevelopment Department. c. Obtain an.access permit for each individual driveway, which shal co dor desab ated County Engineer. Driveway shall be located within the driveway ~ on the Plat. If the driveway exceeds 30 inches above or 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 awai fr~ e h on of flows froem oofs and slope water from the building site, and on s other impervious surfaces. e. Submit a fugitive dust control plan for review and approval by the Environmental Health Department. ~r r -7- 1 1 431430 02/13/2001 10:04A RESOLUTt pAVIS SILVt (111111111 !1111111111111 IIII111111111 III 111111 III llll I 1 45134202/13/2001 11:00A ORDER DAVIS SILVI SS of 30 R 0.00 D 0.00 N 0.00 PfTKtN COtlNTY CO f. If applicable, submit to the Housing Authority for recording a caretaker dwelling unit deed restriction. The cazetaker 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 ~of building permits. g. Provide a trip generation study if the unrestricted residential structure exceeds 5,000 gross square feet far 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. 16. The proposed development is exempt from the exactions in the Pitkin County Land Use Code for parks/recreation/ open space'and school land dedication, howevex, 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 far parks/recreation/ open space. b. Make a cash payment of $300 in lieu of dedicating land to the Aspen School District. ~~ '~ c. Pay the applicable Road 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 Iots: 'a. Trees shall be planted at least 10 feet from any structures. b: Roofs shall have aClass Anon-combustible roof system. Wood shake/shingle roof coverings and flat roofs (up to a 4:12 pitch) are prohibited in all wildfire hazazd areas unless otherwise allowed by the Aspen Fire Protection District. c. Vents shall be screened with corrosive resistant wire mesh with mesh 1/o inch maximum. d. Roofs and gutters shall be kept cleaz of debris. e. Yards shall be kept clear. of all litter, slash, and flammable debris. 000~6~ ~ -8- .~ .. 451430 02/13/2001 1@, 04A RBSOLUTI DAYIS SILVt 451542 02/ ~I ~~ ~~~~~'~~ I~'~) ~"""~~"~~ ~'~~ 15/2001 13:00A ORDER DAVIS 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. Firewood/wood 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 standazd defensible space vegetation mitigation around any above-ground tank. Any wood enclosure azound the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. • 4•~. ~: 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. 19. Ail 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 1S%: a, Adequate mechanical support shall be provided for cut slopes. b; ~ Adding water which may decrease slope stability shall be avoided. . c. Adding weight to the top of the slope shall be avoided. 000064 -9- . , .: -. ~:.. z .. III !1111 lull! I!!I!I I! 111!1!11 II!!I 111 !11!111 !I IIIL 1I 1!!I 1 l!1 431430 02/33/2@03,10:@4A RESDLUTI RAYtS SiLVi. 2A1~~23A RiA~A00s 03eAe~ eRAORPiTKiN COUNTY CO d. Disturbed slopes must be contoured so that they can be revegetated. e. Steepening of existing slopes shall be avoided. f. Cuts, fills, grading and excavation shall be confined to the minimum area needed for construction. 21. Prior to submission of building permits for development on Lot 10, the owner shall submit a site specific debris flow 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 thefollowing provisions regarding irrigation ditches: . . a. Grant access to irrigation ditches to ditch owners. b. Construct buildings uphill of imgation ditches unless a ditch is culverted. c. Design land uses to avoid. flooding problems from flood irrigation. ~. ~ ~ d. Placebasements and soil absorption sewage disposal systems in Iocations 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, utility and driveway~extensions, maintenance and construction of the new entry off of River 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 crop production, irrigation ponds, grading, drainage improvements and underground utilities, including septic tanks and leach fields. OOOI]6~ -lo- x~> _... _ . _. . _ l ~ 111 IIIII fll Illllll Il~llfl 451430 (~'~~{I "~~~ Illl~l IIII~~ II IIIII DER DAVIS SILVI 02/13/20@1 10.04A RESOLUTI DRVIS SIkYI 4s104~Z 02/15/001 11.00A OR "_..~„s„AA..A..,...AAA.._.....__....- -- -. ....wA~~naaAN0.00PITKIN000NTYCO 26. Areas disturbed by construction of access drives and installation of utilities shall be revegetated no later than one growing season after completion of work. 27. Tlie 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, concui7ent with construction of the main entrance and the affordable housing. 28. The Subdivision Exemption Plat and 1041 Hazard Review Site Plan shall contain a description and dedication of a ten foot (10') wide trail through the Main Ranch Parcel which connects the Denver and Rio Grande right-of--way along the westerly boundary of the Main Ranch Parcel to the existing primitive road on BLM land on the easterly boundary.of the Main Ranch 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 a trail easement to be executed and recorded simultaneously with recording of the above referenced Plat. The County and 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 lot owners. 29. The Applicant is not required to submit annual reports attesting to conformance with the conditions of this approval, nor is the proposed use required to commence within 12 months of the date of this approval, as would otherwise be required under the Special Review provisions in the Land Use Code. 30. 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. ' . 31. ~ Exterior lighting shall comply. with the County's lighting regulations in effect at the time of installation. B. The following conditions shall apply to the Remote Parcel. As used herein, the term "Applicant" refers to Woody Creek Ventures, LLC. ,1. No later than sixty (60) days after recording. the Plat for the Main Ranch Parcel, Applicant, shall file an application for the rezoning of the Remote Parcel from R~-20 to Rural and Remote. The application shall contain all information required by the Pitkin County Land Use Code. The Applicant shall execute an acknowledgment that the application for rezoning cannot be withdrawn and a consent to its approval as submitted. The BOCC shall be entitled to impose ooooso ~ IIII 431430 02/13/2001 10:04A RESOLUTI DAVIS SILVI ,. -11- ~ ..:.~ . .. .. I Illlli I1~IIII1111 II111 III IIIIIN II llilll 11111 11111 46.1642 02/16/2002 11:00A ORDER DAYIS SILVI 22 of 30 R 0.00 D 0.00 N 0.00 PSTKIN COUNTY CO 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 Pitlan 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 far the Main'Rarich Parcel. Applicant shall be entitled to apply for TDR Certificates for that portion of the Remote Parcel not utilized for Rural andRemote 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 PIat and 1041 Hazard Review Site Plan referenced in Paragraph A.4., above, Applicant shall provide the BOCC with a ten foot (10'} 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 teams 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 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 lot 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. oooosr -12- ~ 1 - (.~ -._ ,, (1111111 Illitlll lilll111llllltl [l I!!I`::~: R+n~a A?i13/20at i0: a4A RESDLUTI DAMS SSLVI ~ IIIII~ 111111~1%i~ 00R DAYIS SILVI C. Rieht to Develovment/Vested Pronertv Rights. 1. Woody Creek Ventures, LLC ("Developer") shad have the right to undertake and complete development of Braun Ranch-2 and f the SettlementAgreem between Developer, Williame approvals descnbed uz Paragraph 2 0 Braun and the County (the "Settlement Agreement") and to use, occupy, sell, encumber or 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 Exemptttloie Settlement Al element Sand the order Declaration of Protective Covenants for Braun Ranc ~ of the District Court entered pursuant thereto constitute a "Site Specific Development Plan" pursuant to C.R.S. § 2468-101, et seq. 2. The development rights and uses described above are vested fthe a erovals for Braun Ranch 2 the date on which the District Court enters .an Order granting PP 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; ('~ solar access; (8) drainage, erosion, sedimentation and water supply; (9) regulations concerning azeas or activities of local and state interest; 1041 Environmental Hazard azeas, including flood plain hazard areas or historic and archaeological resource areas; (10) wildlife habitat areas;'(11) parking; (12) trails; (13) lighting; (14) signs; (15) impacts on taxes and management of necessary services; (16) development exactions, including those for, affordable housing; (17) any growth management regulation or ordinance; (18} any Planned Unit Development or Subdivision regulation or ordinance; (19) minor uses; (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) mass transit;. (28) provision for public facilities; (29) satellite dishes, whether used for reception, uses; 31 wetlands; (32) growth management system transmission or both; (30) temporary ( ) regulations; and (33) regulations relating to transferrable development rights as thev anuly to the use of transferable development ri¢hts on the Main Ranch Parcel. Except for the foregoing, 451430 02/13/2001 10:04p RESOLUTI DAMS SILVI 24 of 30 ~R 0_AA n a ~~ ~ A AA _._..___ -I3- .._. - ~ fl IIIII III 1111111 II illl Illlll Iilll IIIIII111111 II 111111 R DAVts siLVt 461642 02/13/2001 11:00A ORDE ... _ . AA ~ ~ ~~ ~ e AA ~1 a as PiTK4N CGUNTY CO ~- a f Developer andlor its successors or assigns shall be subj ect to other regulations and laws of general applicability and for the preservation of public health and safety as provided in CRS ?461-101., 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 permits or approvals, nor shall any provision hereof be construed to preclude the application of the Uniform 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:1ClientlWoodyGreek VenturesVSettleinentAgreemept - Cond6ons of Approval -Braun Ranch Exhibit C.wpd ~.:.. A ooous~ ~~ lif ii430 02/13/200110:@4A RESOLUTI DAMS SILVt of 38 R 0.@0 D 0.00 N 0.00 PITKIN COUNTY CO -14 I ~"~II ~~Itl IIIIII t~~~~~ I~ ii~"~f~ ~~~~I ~~I I~~"~~ (t'i~~l 4'31'342 02/1S/200i 12 a00A ORDER DAV~S SIL,V,.x , -~ - ~~ - - .•~ •• ~ ~~ •~ w nw e~.rv~a~ u-ttU~lV; NA -- ~8~ 430 02/13/2001 10:04A RESOLUTI DAVIS SILVI 2!~ -f 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO _ ..... ~ -- -... iillli Itilll Ii Illlilll Iltil III. illll{~ tl Ilt~ I liilll liill 4'1342 02/1'3/2001 11:00A ORDER DAVIS SILVI 28 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EX~IIBiT 1 TO E~IIBIT 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, all dimensions shall be taken from the outside face of framing or other primary wall members or from the center line of walls separating adjoining units of a building or portion thereof. Veneer facades up to eight inches in thickness shall be excluded from the calculation of floor area; that portion of a facade which exceeds eight inches shall be included. Fireplaces, elevators, stairs and similar features axe included in the floor area on each floor. B. Roof Overhangs and Decks: The floor area of a building, orportion thereof, not provided with surrounding exterior walls shall include the area under the horizontal projection of roofs or floors, whenthe-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 (5') exemption. This exemption cannot be used to transfer space between floors. C. Decks, Balconies, Stairways and Similar Features: Structures that exceed~thirty inches (30z) 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 (IS%) 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, are exempt from floor area calculation up to a maximum of four thousand (4,000) square feet of floor area. FIoor .area below natural grade which exceeds the four thousand (4,000) square foot exemption provided herein shall count toward the calculation of allowable floor area. If any part of the below grade space is exposed above natural grade (such aswalk-out basements, walls or courts) the entire below grade area shall be included in the floor area calculation; except that window wells and one egress area as required by the Uniform Building Code may be provided without affecting this exemption: The _ foundation wall or footing may be exposed to the minimum degree required to comply with the Uniform Building Code pertaining to foundation design without affecting this exemption. Up to ten percent (10%) . of any particular below grade wall surface may extend above natural grade and still be exempt from the calculation 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. ~ ~ ` - g, Gazages 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, gazage 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, gazage and carport floor area shall be exempted up to a maximum of five hundred (500) square feet per side. All garage or carport space in excess of the exempted areas shall be included as part of the residential floor area calculation. When an existing legal single-family or duplex dwelling exceeds the ~~~~)~~ ~ LAW OFFICES FREILICH~ MYLER, LEITNER & CARLISLE A PARTNERSHIP INCLUDING PROfESSIONAI CORPORATIONS 'N ASPEN COLORADO IO6 SOUTH MIL L STREET ATTORNEYS AT LAW DAVID ). MYLER, P.C.' n SUITE 202 E. MICHAII. xoFFMAN' ASPEN, COLORADO g 1611 AOARI7ID PlCd FACSIMILE (970)920.4259 TELEPHONE (970 9zalol s September 6, 200 EXHIBIT 2 TO EXHIBIT C Pitkin County Commissioners 530 E. Main Street Aspen, CO 8161 I Re: Braun Ranch Settlement Agreement -Affordable Housing Dear Commissioners: IN KANSAS CrIY, MISSOURI FRED:.iCB, LEmYEA & CARLISLE ATTDRNEYS ATLAW ROBERT H FREQ.ICH, P.C. "" MARTIId L. LEIfNER, P.C.' RICHARD G. CARLISL$ P.C. STEPHEN ]. MOORS, P.C. S. MARK WHITE u KYLE E. FOOTS' ncranm a wot cwt t+r. uc CERTIFFID LAND USE PLANNERS MICHAEL 1. LAUER, AICP IENt~F1t K. BARR81'i, AICP KIM S. 9ROPHY, A1CP In 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 fully 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 objective 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, LLG In that decision, the Court determined that a condition of development f approval which results in the control by local 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 project 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 Iot .owners, as einpioyers, to attract and retain a dedicated workforce __ F`REILICH, MYLER, LEITNEIZ & CARLISLE. September 6, 2000 Page 2 condittn of individuals who will be able to perform their jobs in close proximity to then Place of g will also reduce traffic impacts. Because of these benefits, residence. The live/work proximity Commissioners, in the context ofthe proposed Woody Creek Ventures is requesting that the County olic secluding Settlement Agreement and not as a condition of approval, waive itsocffurrent~ ose a perpetual restricted rental housing and accept Woody Creek the~e~~un~ the Hous' g Guidelines for restriction on the completed units which unll satisfy q both rental and sale units. As additional consideration for the requested waiver, to ftirtlier distuigtush 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: The Aspen/Pitkin County Housing Authority will own an undivided 1/10 of 1% 1 • and throw a membership interest in the AH Project, including the Ranch Manager's unit, by ~ interest in a limited liability company which wall hold title to the AH Project..Although the AH Pro' ectwill be managed-by Woody Creek Ventures or the Bra~lRanovide fo a disrtributionito the J tie pp~~g Agreement for the limited liability company P or sale oftheAHProject. Housing Authority of the "profits", if any, from the operation, refinancing The Housing Authority will be indemnified against any liability or responsibility for losses. Wood Creek Ventures and its associates will provide the Housinog thue mnaximum 2. Y e ate' urchase puce equal the option to purchase the AH Project for an ag tion is exercised. The option will be triggered restricted sales price for each unit atthe time the op b a Court determnation that the voluntary rental restriction is unenforceable. In the event of such Y g the cost a determination, Woody Creek Ventures will be responsible tit e.l Upon exercise ofthe option, the of a Title Insurance Policy which demonstrates merchan a financin and Housing Authority will be free to resell the units to qualified buyers or to a~g onnection with 100 /° as rental units. In either event, employees working retain ownership ( °~ for either the purchase or a rental of the units in Braun Ranch will continue to have a priority question. ~~g Agreement for the limited Subject to the foregoing, we propose that the final Op liabili company which will hold tite to the AH Pro)~t and ~licationtorezonetheaffordable > ~ roved in conjunction with the approval of the app - restrictions be app housing site as contemplated in the Settlement Proposal. OQ(1U7 452430 02/13/2003 30004 0E00~PITKINV000NTYVCO 29 of 30 R 0.00 D 0. ... 1111111 Ills! 111111 VIII! fl Illlllll 111111i1111111111fiil 4'i1542 02/iS/2001 11:00R ORDER DAV2S SI~VI 29 0l' 30 R 0.00 D 0 ~ 00 N 0 ~ 00 !'ITKtN COUl~TY CO, ~. , FijEII.ICA, MYLER, LEITNER & 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, FREILICH, MYLER, LEITNER & CARLISLE By: DJM:ag Enclosures cc: John Ely, Pitkin County Attorney David J. Myler F:\Client\Woody Creek Ventures\SettlementRgreement - Condtions of Approval -Braun Reach Exhibit C.wpd p oooo? ~ ... _ . . ~~~ 2005 10:04R RESOLUTI DAYSS~N~YYCO 431430 02/13/ 30 of 30 R 0.00 D 0:00 N 0.00'PSTKIN CO __ I IYIII,IIN 111111 Nlln N IIINnI II I In ICI IIIN IIII