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Home My WebLink Aboutpitkin.planning.264309401001 (2007)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PTfKB~I COUNTY, COLORADO, DENYING AN AMENDMENT TO THE CHAPARRAL ASPEN SETTLEMENT AGREEMENT WT!'Ii REGARD TO SCORING OF GMQS APPLICATIONS FOR REMOTE PARCELS 6, 7 AND 8 Resolution No. d~-2007 RECITALS 1. Woody Creek Ventures LI,C ("Applicant's applied to the Pitkin County Board of County Commissioners ("BOCC") to amend the Settlement Agreement approved pursuant to Resolution No. 158-2000 and amended pursuant to Resolution No. 054-2004; to diregtthe Planning Commission to consider the Remote Parcetas a whole (rather than each individua135 acre parcel) and the benefits provided to the County on the Main Ranch and Remote Parcels as part of the 2004 Settlement Agreement amendment in scoring the request for growth management allotments for the three additional cabin sites on parcels 6, 7 and 8 of the Remote Parcel. 2. The property is located off of Upper River Road, and is described as Parcels 6, 7 and 8, Chaparral Aspen Remote Parcel. 3. The parcels. are zoned RuraVRemote. 4. The Board of County Commissioners ("BOCC")approved the Braun Ranch Settlement Agreement pursuant to Resolution No. 158-2000. The HOCC approved the rezoning of the Remote Parcel to RurallRemote pursuant to Ordinance Ne. 022-200.1. At the same time the BOCC granted growth management allotments for three 1,000 square foot cabins on three separate 35+ acre parrots on the Remote Parcel (Parcels I, 5 and ] 0), pursuant to Resolution No. 032,2001, and granted 1041 hazard review, conceptual submission and special review approval for those parcels, pursuant to Resolution Nos. 078-2601 and 088-2001, One cabin has been constructed ort Parcel 10. TDRs have been extinguished from Parcels 2, 3, 4 and 9. 5. In 2004 the BOCC amended the Settlement Agreement for Chaparral Aspen pursuant to Resolution No. 054-2004 in part to allow the Applicant to seek approval for three additional cabin sites on the Remote Parcel. The Applicant competed in the 2005 Rural Area Residential GMQS Competition for three 1;000 square foot allotments in order to construct a cabin on each of three separate 35+ acre parcels (Parcels 6, 7 and 8). The Planning Commission conducted the scoring of 2005 growth management applications. for new lots/pareels on October 17, 2006.. The scores granted by the Commission did not meet the threshold requirement of 48 points, and, therefore, were not eligible for the requested development allotments.. The Applicant appealed the scoring, and the BOCC denied the appeal pursuant to Resolution No.162-2006. 6. The Applicant applied for GMQS allotments for Parcels 6, 7 and 8 in the 2006 GMQS competition, which applications are pending before the Planning Commission. 7. The BOCC heard this application at a duly noticed public hearing on March 28, 2007, at which time evidence and testimony were presented with respect to this application. 8. The BOCC finds that the proposed amendments.to the Settlement Agreement are not consistent with the Land Use Code and are,. therefore, inappropriate. fll~ll~lillililli~liillllllllllllllillllllllllll-1111 536496 Dz.aa JRNICE K VOS CRUD7Lt PITKIN COUNTY CO R 0.00 D 0.00 ResolurionNo.~° -2007 Page 2 NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby deny the requested amendments to the Chaparral Aspen Settlement Agreement. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 25'" day of February, ZOD7. DENIED on the 28'" day.of March, 2007 E T• 1 Jea a Jo De • ty Clerk and Reco er BOARD OF COUNTY COMMISSIONERS PITICIN CO , ichael~O~w~s{l~ ~,~Ch,,' Date: i'(-I l1// /1 APPROVED AS TO FORM: -•~.,,.~ John El Co A y Case #P014-07 PID# 264309401001, etc. APPROVED AS TO CONTENT: Cindy Houben, Community Development Director I III~~ VIII VIII)IIII IN~~ IIII I~IIII III II~~ IIII IIII 04/3/ 70%20002 :33 MEMORANDUM TO: Pitkin County Board of County Commissioners Regular Meeting -March 28, 2007 ~~,,c~ THRU: Cindy Houben, ommunity Development Director FROM: Suzanne Wolff, Senior Planner* RE: Chaparral Aspen Settlement Agreement Amendment -Remote Parcel Cabin Sites SUMMARY OF REQUEST: The Applicant has requested to amend the Settlement Agreement, as amended by Resolution No. 059-2004. This Resolution allowed the Applicant to seek approval for three additional rural and remote cabins, and states, "The Applicant must obtain development rights and all applicable approvals, including 1041 review, for the three cabins." The Applicant requests that in scoring the request for growth management allotments for the three additional cabin sites, the Planning Commission be directed to consider the Remote Parcel as a whole (rather than each individual 35 acre parcel} and the benefits provided to the County on the Main Ranch and Remote Parcels as part of the 2004 Settlement Agreement amendment. The Applicant's request is attached. APPLICANT: Woody Creek Ventures, LLC REPRESENTATIVE: Mike Hoffman LOCATION: Parcels 6, 7 and 8 of the Chaparral Aspen Remote Parcels ZONING: The parcels are zoned Rural/Remote and contain 35.448 acres, 45.446 acres and 35.629 acres, respectively. REFERRAL AGENCIES: Comments from the Woody Creek Caucus District Planning Commission are attached for reference. 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 oauvoo 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 pursuant to Resolution No. 054-2004, to allow the Applicant to seek approval for three additional cabin sites on the Remote Parcel, subject to certain restrictions as provided in condition #3 of the Resolution (attached). The Applicant competed in the 2005 Rural. Area Residential GMQS Competition for three 1,000 square foot allotments in order to construct a cabin on each of three separate 35+ acre parcels. The Planning Commission conducted the scoring of 2005 growth management applications for new lots/parcels on October 17, 2006. The scores granted by the Commission did not meet the threshold requirement of 48 points, and, therefore, were not eligible for the requested development allotments. The Applicant appealed the scoring, and the BOCC denied the appeal pursuant to Resolution No. 162-2006. The Applicant applied for allotments in the 2006 GMQS competition, which applications are pending before the Planning Commission. STAFF COMMENTS: The Applicant asserts that the 2006 applications for Parcels 6, 7 and 8 should be processed as were the applications in 2000 -with consideration of the Remote Parcel as a whole (rather than each individual 35 acre parcel) and the benefits provided to the County on the Main Ranch and Remote Parcels as part of the 2004 Settlement Agreement amendment. The Applicant states, "...the essence of the agreement memorialized in the 2004 Approval Resolution was the exchange of 15,000 square feet of development potential on the Main Ranch Parcel for the right to fairly compete for the right to build three additional 1,000 square foot cabins in the Remote Parcels Subdivision." Staff would note that the BOCC granted extended vested rights unti12021 as part of the 2004 Settlement Agreement amendment, which must be considered as the most critical issue for the Applicant at the time, as the original vested rights were to expire in 2006. Staff does not support the request, as it is not consistent with the current Code (under which the 2006 applications were submitted). Sec. 6-50-10.a.2 states, "If allotments are sought for more than one parcel of 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." RECOMMENDATION: Staff recommends that the BOCC deny the request to amend the Chaparral Aspen Settlement Agreement, subject to the attached Resolution. oc~c~uol ATTACHIViENTS: 1. Applicant's Amendment Request dated 1/23/07 2. Woody Creek Caucus District Planning Commission 3. Resolution No. 059-2004 " Ms. Wolff is a professional planner with a Bachelor's degree in Ufian Studies from the University of Pennsylvania and is a member of the American Institute of Certified Planners. Ms. Wolff has worked for the Aspen/Pitkin County Community Development Department for 14'/: years, and as a Planner/Senior Planner within that department for 1 I years. In her planning position, Ms. Wolff has reviewed numerous land use applications pursuant to the Pitkin County Land Use Code. 4t~U~~2 LAW OFFICE OF E. MICHAEL HOFFMAN, P.c. 106 SOUTH MILL STREET SUITE 202 ASPEN, CO 81611 FACSIMILE E-MAIL TELEPHONE (970) 920-1019 Mhoflman@emhlaw-aspen.com (970) 544-3442 January 23, 2007 Pitkin County Board of County Commissioners 530 E. Main Street, Third Floor Aspen, Colorado 81611 Re: Chaparral Aspen Remote Parcels Request for Three Additional Cabin Sites To the Pitkin County Board of County Commissioners: I am writing to summarize the history of the request of Woody Creek Ventures, LLC ("WCV") for the right to develop three additional cabin sites in the Chaparral Aspen Remote Parcels Subdivision and to ask the Commissioners to approve a simple amendment of the Settlement Agreement which will allow that request to proceed in a manner consistent with WCV's (and, we believe, the BOCC's) expectations when the County granted WCV the right to seek approval for those cabin sites in 2004. 1. History of the Reauest. In 2003 Woody Creek Ventures, LLC ("WCV"), and Pitkin County discussed changing the single Settlement Agreement which governs the development and management of the Chaparral Aspen "Main Ranch Parcel" and "Remote Parcels Subdivision." (The Main Ranch Parcel and Remote Parcels Subdivision will be referred to herein as the "Combined Project.") The result of those discussions was a request to the BOCC for an amendment ofthe Settlement Agreement which would allow WCV to construct three additional 1,000 square-foot cabins in the Remote Parcels Subdivision and to extend the vested rights period for the Combined Project to February 5, 2021 from February 5, 2006. WCV offered the following benefits to the County in exchange for the rights described in the previous sentence: (a) a reduction in floor area which could be built on the Main Ranch Parcel from 100,000 to 90,000 square feet; (b) construction of a public pedestrian trail to the Remote Parcels Subdivision over the Main Ranch Parcel; and (c) imposition of a real estate transfer assessment (a "BETA")which would provide a new revenue source to the County derived from the sale of lots within the Combined Project. The proposal was considered by the BOCC at a public hearing conducted on November 19, 2003. During the hearing John Sarpa, on behalf of WCV, offered to reduce the floor area which could be constructed on the Main Ranch Parcel by an additional 5,000 square feet, to a new total of 85,000 square feet. At that meeting the Commissioners approved the proposal, contingent on the County 000003 Pitkin County Board of County Commissioners January 23, 2007 Page 2 Attorney's determination that the County could lawfully accept the real estate transfer assessment offered by the developer. After reviewing the proposal, John Ely concluded that the County could not accept the RETA because future enforcement of the transfer assessment would likely constitute a violation of Colorado's "Tax Payer's Bill of Rights." On April 14, 2004, the Commissioners decided to accept the balance of WCV's offer without the RETA. During the BOCC's review of WCV's offer in November of 2003, WCV and the Commissioners agreed that the impacts of the three cabins proposed for the Remote Parcels Subdivision be considered in a subsequent land use review process. This requirement was memorialized in Paragraph 2 of the Resolution which memorialized the BOCC's approval of the proposal: "The Applicant 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 obtain development rights and all applicable approvals, including 1041 hazard review, for the three cabins."' To finalize the right to construct the three "rural and remote cabins," WCV was required to seek "1041 Hazard Review" and a growth management allotment (a "GMQS Allotment") for the each of the development sites. WCV submitted identical applications for the three lots in September of 2005. On February 14, 2006, the County's planning staff issued a Memorandum (the "2006 Memorandum") to the Pitkin County Planning and Zoning Commission which summarized the staff's findings on the applications. In 2000 WCV requested and received both 1041 Hazard Review approval and GMQS allotments on three lots within the Rural and Remote Subdivision. In its consideration of those applications, the County treated the three requests as a single application and gave WCV "credit" for the benefits provided to the County when it granted approval for the Remote Parcels Subdivision. These benefits (which shall be referred to herein as the "Original Subdivision Benefits") included, among other things, voluntarily reducing the density and intensity of development allowed from one residence of 15,000 square feet for each of the ten lots in the Remote Parcels Subdivision to one residence of 1,000 square feet for each of the ten lots? and voluntarily "sterilizing" three of the lots from development of any kind. ' Resolution of the Board of County Commissioners of Pitkin County, Colorado, Approving an Amendment to the Chaparral Aspen Settlement Agreement, Resolution No. 059- 2004, ¶ 2 of the body the Resolution. This document shall be referred to herein as the `;2004 Approval Resolution." z This reduction in density and intensity was accomplished by "down zoning" the Remote Parcels Subdivision from "RS-20" to "Rural and Remote, RR." 000044 Pitkin County Board of County Commissioners January 23, 2007 Page 3 When WCV agreed to the modifications in the Settlement Agreement effected by the 2004 Approval Resolution, it anticipated that the County would process the required applications for GMQS allotments in the manner it had in 2000. Unfortunately, that was not the case. In the 2006 Memorandum the County's planning staff informed WCV and the Planning and Zoning Commission that the County would not take into account the Original Subdivision Benefits in the 2006 application for a GMQS allotment. Staff explained that it had changed its interpretation of the County's growth management regulations shortly after the approval of WCV's 2000 application. Under the staff's new interpretation, according to the 2006 Memorandum, the regulations "require separate 35 acre parcels to compete individually, such that they do not have the advantages of a subdivision that went through County review and approval."3 Under the new interpretation, it is impossible, from a practical point of view, for an owner of land located within the County's Rural and Remote zone district to receive a GMQS Allotment and, therefore, the right to construct a residence on the Property. The County's new interpretation of its growth management regulations was effective before the County entered into negotiations with WCV to modify the Settlement Agreement. During those negotiations, the County never disclosed that it had changed its interpretation of its growth management regulations, nor was the new interpretation published, formally adopted by the BOCC or made available to the public. The Pitkin County Planning and Zoning Commission denied WCV's applications for GMQS allotments on October 17, 2006. WCV subsequently appealed that decision to the BOCC. At hearings conducted on December 6 and 20, 2006, WCV asked the BOCC to remand the matter to the Planning and Zoning Commission with instructions to consider the applications using the County's original interpretation of its growth management regulations. As set forth in the Pitkin County Land Use Code, the question presented to the BOCC was on a narrow procedural issue - "Did the P & Z exceed its jurisdiction or abuse its discretion when it voted to deny GMQS Allotments for the Remote Parcels Subdivision?" On that question the Board was split. In the end, three members found against WCV and two voted to remand to the P & Z. Importantly, for purposes of the request set forth in the following section, three commissioners agreed that the result was unfair to WCV -including one commissioner who voted to deny WCV's appeal. 2. Current Request for Amendment of Settlement Agreement. WCV makes the following request as a means of simply and directly dealing with the lack of fairness which resulted from the process described above. s Page 2 of 2006 Memorandum. 000005 Pitkin County Board of County Commissioners January 23, 2007 Page 4 WCV clearly anticipated that its current requests for GMQS Allotments would be processed under the same Code interpretation as was used when it last sought the right to improve the Remote Parcels Subdivision in 2000. We believe the BOCC was operating under the same premise when it adopted the 2004 Approval Resolution. WCV currently has applications pending before the Planning and Zoning Commission which seek GMQS allotments for Lots 6, 7 and 8 of the Remote Parcels Subdivision. WCV believes that those applications will be approved ifthe P & Z is directed to utilize the original staff interpretation of the County's growth management regulations in the evaluation process. Further, WCV believes the essence ofthe agreement memorialized in the 2004 Approval Resolution was the exchange of 15,000 square feet of development potential on the Main Ranch Parcel for the right to fairly compete for the right to build three additional 1,000 square foot cabins in the Remote Parcels Subdivision. For that reason WCV believes it is appropriate that the P & Z consider the benefits provided to the County on the Main Ranch Parcel in .the 2004 Approval Resolution in evaluating the current request for GMQS allotments. WCV hereby requests that the BOCC agree to amend the Settlement Agreement to provide that, in evaluating WCV's current requests for GMQS Allotments, the Planning and Zoning Commission (a) utilize the original staff interpretation of the County's growth management regulations, as set forth above, and (b) consider the benefits provided to the County on the Main Ranch Parcel .and Remote Parcels Subdivision in the 2004 Approval Resolution. Because the facts of this case are unique to the settlement of a law suit, as well as to WCV and the Remote Parcels Subdivision, granting of this request will not establish a precedent which could be used to restrict the ability of the Community Development staff to utilize their judgment in interpreting the Code. Granting this request will simply avoid an unfair outcome for this applicant. Sincerely, E. MICHAEL HOFFMAN, P.C. l E. Michael Hoffinan ooooos LAW OFFICE OF E. MICHAEL HOFFMAN, P.c. 106 SOUTH MILL STREET SUITE 202 ASPEN, COLORADO 81611 FACSIMILE E-MAIL r TELEPHONE (970) 920-1019 Mhoffman@emhlaw-aspen.com !~~. ~~'., (970) 544-3442 November 29, 200 _~~...~. Lance Clarke, Assistant Director Pitkin County Community Development Department 130 S. Galena, Third Floor Aspen, Colorado 81611 Re: Application Fee Request for Amendment of Chaparral Aspen Settlement Agreement Dear Lance: I have enclosed a $743 check from Woody Creek Ventures, LLC, to cover the application and public notice fees required for its request for an amendment of the Settlement Agreement. Please let me know when this matter will be heard by the Board of County Commissioners. As always, thanks for your help. Sincerely, E. MICHAEL HOFFMAN, P.C. E. Michael Hoffinan ~~Q~~d LAW OFFICE OF E. MICHAEL HOFFMAN, P.c. 106 SOUTH MILL STREET SUITE 202 ASPEN, CO 81611 FACSIMILE E-MAIL TELEPHONE (970) 920-1019 Mhof&nan@emhlaw-aspen.com (970).5443442 January 24, 2007 Mr. Lance Clarke Assistant Director, Pitkin County Community Development Department 130 S. Galena Street, Third Floor Aspen, Colorado 81611 Re: Chaparral Aspen Remote Parcels Request for Three Additional Cabin Sites Dear Lance: In response to your e-mail of January 23, 2007 at 5:09 p.m., Woody Creek Ventures, LLC ("WCV"), provides the following additional information. WCV still owns 100% of the Remote Parcels Subdivision and, therefore, has the right to seek an amendment of the Settlement Agreement as it relates to that property. 2. WCV seeks a continuance of the GMQS application for Lots 6, 7 and 8 of the Remote Parcels Subdivision as well as the request for Lots 2 and 10 of the Main Ranch Parcel. 3. Within the next week or so WCV will remit $743 to the County as an application fee for this request. 4. We understand that the BOCC has a very full plate at this time, but we request that this request be heard by the Board at its earliest convenience. Thanks again for your assistance in getting this matter before the Commissioners. Sincerely, E. MICHAEL HOFFMAN, P.C. f/'r E. Michael Hoffinan ooouol ~ _ ~-~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING AN AMENDMENT TO THE CHAPARRAL, ASPEN SETTLEMENT AGREEMENT Resolution No. ~-2004 RECITALS l . 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 ] 00,000 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. To 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 1-10, Chaparral Aspen and Parcels I - 10, Chaparral Aspen Remote Parcel. 3. The main ranch is zoned RS-20/PUD and the remote parcel is zoned Rural/Remote. 4. The Board of County Commissioners ("BOCC"} approved the Braun Ranch Settlement Agreement pursuant to Resolutioa No. 158-2040. The subdivision exemption plat and 1041 hazard review site plans for the main ranch were recorded in Plat Book 6l 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 duly noticed public hearing on November 19, 2003, at which time evidence anal testimony were presented with respect to this appl ication. 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 BOCC not to accept the . assessment as part of the proposed amendments. 6. The BOCC subsequently reconsidered this application at duly noticed public hearings on March 24 and April 14, 2004, at which time evidence and testimony were presented with respect to this application. 7. The BOCC finds that tl~e 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 benefits to the County. . 8. Tl~e BOCC further finds that the proposed extension of the deadline for construction of the ranch manager's unit on the common parcel is appropriate, given that housing is provided in an existing unit on-site. IIY^~I~~~~A1~~11~1~Y~ u9.'a:9w~d ~ 4 .. i> `'. ~ U U'U U U L ~ '__~ Resnlutinn No. ~ 2004 Page 2 NOW THEREFORE 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 lots on the main ranch shat i 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 steal l 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 Parcels 6, 7 and 8 of the Remote Parcel. The Applicant must obtain development rights and all applicable approvals, including 1041 hazard review, for the three cabins. 3. Ali of the cabins on the Remote Parcel shall 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 multiple locations and the ranch manager will be notified in advance of a planned cabin usage. " B. Except for the existing cabin located on lot 10, any new cabin will be allowed only one owner. 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 and are not planned or designed for year round occupancy. D. The design guidelines will provide for the use of reclaimed materials designed to blend into the natural landscape, similar in nature to the cabin constructed on lot ] 0. All 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 limited to twice annually for all six of the cabins and will be coordinated by the Chaparral Aspen ranch manager. The Applicant shall construct the public trail within the platted easement from Upper River Road across the Main Ranch parcel. The trail shall be subject to the restrictions contained within the Trail Easement recorded as Reception No. 460243. The Applicant shall provide financial security for the construction of the trail within 60 days of the date of this approval or prior to issuance of an earthmoving permit for the trail, whichever comes first. Construction shall be completed prior to issuance of any Certificates of Occupancy for the affordable housing units on I lomesteads 11 B and 1 i 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 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 rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use 497955 4 ~~ 05824/2004 @4:14P l ~~ tE~ 1 0.00 D O O O O ('_ ~ SILVIR DRVIS PITKIN COUNTY CO R 0.00 iY~i i16i~i I i i Res~~JLtion /yo ~ 2U04 Page .~ Code, § 4.140 and C.R.S., § 24-6g_IOS. February 5, 2027. The statutory vested rights grand herein sh all expire on 003 a aE 1~ 2 P~LIC HEARING p~L~ . Y of February, 2004. AED ~?'HE ASPEN APPR AND ~E_ S on the gu, day o fqu ~ VED gust, ~OPTEb on.-the 14'x' day of April, 2004: T;~s ISgED AFTER ~}OPTIO ~ . . Week! on the.~''~day of FOR VEST, . ,~-~d~, 2004. E~ SAL PROPERT.y RIGS in the .~1 '' • A-~e-n ~~ OF ITK~ C~~ ~' COMMISSIONERS TY, COLORADO Dorothea Fan'is ` Chair APPROVED AS TO FORM: John E! , Co rney Date: ~=~y.a `~ APPRp~D AS TO CONTENT; y Houben, C Commun-tyDevelopment Director Case #P079_03 PID# 2643 0940) 001 ~ 26430940) 002 2 264'309101007,264309101008,264309)01009,26 ' 643) 0201003, 264310201004,26g3102010OS, 26 430924I0)0 431020)006, 000004 3 Page 1 of 2 Lance Clarke From: Michael Hoffman [mhoffman@emhlaw-aspen.com] Sent: Monday, February 05, 2007 2:35 PM To: Lance Clarke Cc: 'C. Clark Lipscomb'; 'Douglas Pratte' Subject: Chaparral Aspen Remote Parcels Amendment to Settlement Agreement Lance: Because the amendment of the Settlement Agreement we are seeking relates only to our request for GMQS allotments for the Remote Parcels Subdivision, I am providing only the names and addresses of the owners of property adjacent thereto. They are: Bureau of Land Management P.O. Box 1009 Glenwood Springs, Colorado 81602 United States Forest Service P.O. Box 948 Glenwood Springs, Colorado 81602 SGS-Ranch LLC Attn: Spencer Angel 12550 Biscayne Boulevard, #500 North Miami, Florida 33181 Let me know if you need anything further. Thanks. --- Mike ~0 05= 2isi2oo7 County of Pitkin } AFFIDAVIT OF NOTICE & } ss• MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-100 I, Sa~~~ ~i v~ ~ ,being or representing an Applicant. to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the. Pitkin County Land Use Regulations in the following- manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing t9 all owners of property adjacent to the subject property, as indicated on the attache list, on the ~°day of ,, ~ , 2001 (which is~days prior to the public hearing date of~j,~,~ Zy f The names and addresses of he adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of notice, a copy of which is attached. hereto,. by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to the owner) of themin[eral estate underneath the subject property, as indicated on the attached list, on theZZ day of~~ df , 2007(which is,~ days prior to the public hearing date ofJ~~jZ$~'r The names and addresses the mineral estate owners shall be those on the current tax records of Pitkin County as-they appeared no more than 60 days prior to the public hearing. 3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the day of , 200_, which is at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached hereto.. ~ 1 a~~.~ Gr~~t k, V~~-vr~3 L~-G Applicarft's name /~ ~.~ Signature (Attach photograph here) ~~Y PuB~ o : • •!c~ ~. • /~,`wC HOFFM e ~ ~o • Gi ~~ q•~~m~e•+~• ~~ tT li'_~_:wi~~`adinin li~nu< ~,illld,nii Signed before me this ~ d y of ~'" "`~r'r~- , 200 7by WITNESS MY HAND AND FFIC~AL SEAL My commission e ires~ D '? Notary Public ~ ~ Notary Public's Signature oaooos County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITHIN COUNTY LAND USE CODE SECTION 2-20-100 I, ~kcvtTfl ~. ~; az.-v~ ~ d ,being 'or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all owners of property adjacent to the subject property, as indicated on the attached.list, on the day of , 200_ (which is _ days prior to the public hearing date of ). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject property, as indicated on the attached list, on the _ day of , 200_ (which is -days prior to the public. hearing date of ). The names and addresses of the mineral estate owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the ~ day of !L1 prr-c,M , 200?, which is at least fifteen (15) days- prior to the public hearing. A photograph of the posted sign is attached hereto. Applicant's name Signature (Attach photograph here) • :~ z°~~R~,PVe~' • • SHAH o 9(UH1V m s a e- ~ o •~ (~ ~ ~o ~~®~ • i. ~ :,xinl~.°;~~IntinR~i nu~`;illi~Lnii Signed before me this_,5 day of /~.~n,~~~.., 200'7by ~Ow:~ Q~ZZv~i WITNESS MY HAND AND OFFICIAL SEAL 1VIy commission expires: l2 f 3b/ Zdb `j ~~t,rt~.1~. ~ v ~ n Notary Public Notary Pu+ ic's Sign tore _. .. -~~ 000007 PUBLIC NOTICE RE: Chaparral Aspen Settlement Agreement Amendments (CASE# P014-07) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, March 28, 2007 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main. Street, Aspen to consider an application submitted by Woody Creek Ventures LLC (PO Box 7846, Aspen, CO 81612) requesting amendment of a Settlement Agreement. The property is located at and is legally described Lots 6, 7 and 8, of the Remote Parcels Subdivision. The State Parcel Identification for this property is 2643-094-01-001. The applicationlresolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 8161 1. For further information, contact Suzanne Wolff at (970) 920-5092. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on February 25, 2007. ooooos ADJACENT PROPERTY OWNERS SGS-Ranch LLC Attn: Spencer Angel 12550 Biscayne Blvd #500 North Miami, FL 33181 BLM PO Box 1009 Glenwood Springs, CO 81602 USFS PO Box 948 Glenwood Springs, CO 81602 ooooo~ ~r nrm:~s.: ~;~e: -. OI W N'n'' ~N~~ ' '' MagN~ ~'~' ~~°° - ~'~ ~ ° .. av i o m~~ :F : ~Y.N , O £1'~~. U a ~ o ~ N ~ r T r ++ 0 2 m~ _0 0 _U ~ U ~~a~i W ~~ i h St -as . , ~ ~. `~ t3 i e ' R ~ O Y+~ W (~. O W W ~ ~~ y I .. K 1 Q -..~ I ( yy //~~ / /~~ ~ li.lrlli ~ T-~ ~~ ~ ~ - ~ QlWO i- ~! F^ ~ - z¢w cv aa.~ ~ - N 3WW h .- O F-3 <[ Ot ~ wHz a - a~~ , cv ~ _ ,~ ~ ~ w w w o ~, ua -_------ M Z - M ~ U z ~ N O U _Z a rn~ o°O X~ O~ mZ maC9 _.~~ .. ,`. i. h . di i;k'1 ,~ ~:x~ r ,py !gq ~ ,,~. .,_, ,~~ °; _ .~ . ,! ~~~0~.!U " , .~::a x t. yw~ ;fi ~_ y, s, .x- _, k f,pSk 5G ~ ~~~ ~ ~, t- a ~ as ~~~, c ,, s } ~~ " 's, ~_ 4 g8 .~G -~.,~ ~ ~s ,. _.:' .. >,~,_ t ,~0 0 3a~C °p~~ ~ .~Q °"~ N~ ~ ~~~~~~ ~ ~ v~ ~ ~ Q+ 'C3 ~ oU ,,~""~, PUBLIC NOTICE RE: Chaparral Aspen Settlement Agreement Amendments (CASE# P014-0'n NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, March 28, 2007 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main. Street, Aspen to consider an application submitted by Woody Creek Ventures LLC (PO Box 7846, Aspen, CO 81612) requesting amendment of a Settlement Agreement. The property is located at and is legally described Lots 6, 7 and 8, of the Remote Parcels Subdivision. The State Parcel Identification for this property is 2643-094-O1-001. The applicaton/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Suzanne Wolff at (970) 920-5092. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on February 25, 2007. Attention Applicant/Representative: It is your responsibility to do the following:. 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post. the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date ~,,, ~~~,,... ~' z i ~z I ~ PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX # (970) 920-5439 February 5, 2007 Michael Hoffman 106 South Mill Street, Suite #202 Aspen, CO 81611 Re: Chaparral Aspen Settlement Agreement Amendments (PID 2643-094-O1-001; Case P014-07) Dear Mr. Hoffman: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public hearing by the Board of County Commissioners on Wednesday, March 28, 2007 at a meeting to begin at 12:00 P,M. in the Plaza. One Meeting Room at 530' East Main St., Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda .date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return. address of the Community Development Department (copy of notice will be sent to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Bonnie Waechtler . Administrative Assistant Encl: Affidavit of Notice (Code Section 2-20-100) PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South. Galena Street Aspen, Colorado. 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Woody Creek Caucus FROM: Suzanne Wolff, Community Development Department RE: Chaparral Aspen .Settlement Agreement Amendments, (.CASE P014-07; PID 2643-094-01-.001) DATE: February 5,.2007 Attached for your review and comments are materials for an application submitted by Woody Creek Venture. The Board of County Commissioners will review the application on Wednesday, March 28, 2007. Please return your comments to me by Friday, March 2, 2007. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. Woody Creek Caucus District Planning Commission P. O. Box 297 Woody Creek, Colorado 81656 February 26, 2006 TO: Pitkin County Community Development Dept. 130 S. Galena St. Aspen, CO.8161 I Attn: Suzanne Wolff Chaparral Aspen Settlement Agreement Amendments The Woody Creek Caucus District Planning Commission has considered the subject matter, and has the following comments: We support the findings of the Pitkin County Planning and Zoning Commission made after their hearing on October 17, 2006,. Please refer to our letter to the County Commissioners dated January 20, 2007, a copy of which is enclosed. Sincere ~, Philip,: Holstein For the Woody Creek Caucus District Planning Commission Woody Creek Caucus District Planning Commission P. O. Boz 297 Woody Creek, Colorado 8165G January 20, 2007 Pitkin County Commissioners Court House Aspen, CO.81611 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 Pitlan 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 land use code. The subdivision of the Wagneur/Braun ranch was aaeomplished 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 deveMper and the Woody Creek Caucus in the settlement that resulted in the eventaal recommendation for approval by the Caucus. Subsequent to that', the County Commiss~ners stied 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 ail of these requests have been denied. The went agreement between Chaparral and Pitkin County allowed the application for additional cabins- We befieve that that obligation has been satisfied aml that Pitkin County should not conshler further applications for development is the Rural and Remote parcel and that the intention of the original subdivisioa exemption be honored.. Thank you for your consideration of this matter. The Woody Creek Caucus District P Commission f. By '~z5 ~ ~~ .~ John M. Ely County Attorney Christopher G. Seldin Assistant County Attorney Carrington Brown Code Enforcement Officer Tel: (970) 920-5190 Fax: (970) 920-5198 4/ 12/07 Chaparral-Aspen C/o Mike Hoffman 106 South Mill St., Suite 202 Aspen, Co 81611 Dear Mr. Hoffman, Legal Assistants: Lisa MacDonald Jane Achey I am the Pitkin County Code Enforcement Officer and this letter serves as a Notice of Violation for the Chaparral- Aspen property, specifically regarding "Homestead 1 lA ranch manager's unit". Pitkin County Community Development records indicate Pitkin County Community Development Administrative Decision No. 12-2006, issued 02/01/2006 to Woody Creek Ventures LLC, extended the deadline for construction of the ranch manager's unit on Chaparral-Aspen to June 30, 2007. The extension was "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". I have been informed that Joyclyn Wood alleged and John Sarpa confirmed during a recent Board of County Commissioners meeting that the manager is not currently living in the "older cabin" but is living in one of the new affordable housing units located along River Road. Consequently, it appears that Woody Creek Ventures LLC and Chaparral-Aspen are in violation of the conditions of Administrative Decision No. 12-2006. The cure for this violation is for Woody Creek Ventures LLC to make application to amend Administrative Decision No. 12-2006 to allow the ranch manager to live in a unit other than the "older cabin" specified in the Decision. This application must be submitted to Suzanne Wolff of Pitkin County Community Development within 30 days of this Notice of Violation, by May 12, 2007. Thank you for your cooperation in resolving this Violation. If you have questions or concerns I am available at 429-2853 or you may contact Lance Clark of Pitkin County Community Development. Sincerely, PI`TI~IN C~~ITI~ ~,T`TQR:NEY Courthouse Annex Building 530 East Main Street, Suite 302 Aspen, Colorado 81611 Carrington Brown Pitkin County Code Enforcement x ,~ ~. ~ COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Colorado 81611, Aspen , (970) 920-5526. !d Pitkn County .. Land'-Use:. 172 Board of Adjustment s 159 County Land Use Code _i ~ ~~ 174 ~ Flat Fee 162. Zoning and Sign ~ _ ` a 169 .Public Notice+ j 160 Planning Enforcement 175 .Hearing Officer 1 I Referral Fees: ; 210 Airport LUC01 County Clerk ? 211 County Engineer a 194 Environmental. Health °~ 'a 208 Historic 198 Housing - __; 190 Land Management `~ 209 Redstone HPC 206 Wildlife Officer '>! Building Fees: 170 .Board of Appeals 105 Building Permit - 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan. Check 1 TO Plumbing Permit ~j 130 Reinspection )~ 152 AVFD FireMarshal 158 BFD Fire Marshal. Other Fees: 155 Use Tax ~~ 165 Copy ~ ) PZ005 Master Plan Copy ~ ~ 185 Park Dedication. ~ IS GIS Requirements 161 Housing Impact Fee ~ ~ B 1202 Road Impact Fee B 1203 .School Impact Fee ) TOTAL _ - .,,` r r''~"' r NAME. ~'` l' ~ ~ .. / -_.. ADDRESS/PROJECT: ~ ~ r :, PHONE: .. .3 CHECK# sir k ~~ ~ . CASE/ PERMIT#: DATE: F z ~` INITIAL: _ i. _ w. I ~ ~ ~~ ~ i u_ i_ _ ..u m~~ __ni+~