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pitkin.planning.264315200399 (2005)
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) ~~~~~~ Page: 1 of 5 04/04/2007 03:19 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE DJ LLC 1041 HAZARD REVIEW Administrative Decision No,~-200 t RECITALS " " ~.,, 1. DJ LLC (hereafter Applicant ) has applied to the Community Development Director (hereafter .. C ~ "Director") for 1041 Hazard Review approval to establish a building envelope for the construction of a ~ single-family residence. " '~"~ 2. The property is located on Woody Creek Road, across from the Little Woody Creek turnoff and is ~ N more specifically described in Exhibit A. ~ ~ 3. The property is zoned RS-20 and contains approximately 23 acres. U ., 0 ~ 4. The Community Development Director granted Administrative 1041 Hazard Review approval in 1999 , '£j pursuant to Administrative Decision No. 99-48. The 1041 site plan was recorded in Plat Book 63 at Page 22. The Community Development Director granted a new 1041 Hazard Review approval by L ~ ~ pursuant to Administrative Decision No. 19-2003. ~ 5. The Director finds that the wildfire hazard is low, that the building envelope avoids wetland areas and ~ ~ ~ slopes in excess of 15 percent. "' + 6. The Director further finds that the existing residence on the parcel is an identified historic resource, and that further review will be required related to the preservation or demolition of the residence. THE DIRECTOR DOES HEREBY APPROVE the DJ LLC 1041 Hazard Review, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall- adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any building permit applications for new development, the Applicant shall submit a 1041 Hazard Review Site Plan to the Community Development Department for approval alid recording. The mylar copy of the site plan must be signed by the owner prior to submittal for recording. 3. :Prior to submission of a building permit application for a new single family residence, the Applicant shall either: A. Submit a 1041 application under the provisions of Section 3-80-060, Historic and Archaeological Resource Areas, and obtain approval to demolish the historic structure and replace it with a new single family residence; OR B. Submit a special review and GMQS exemption application to designate the historic structure to the County's Historic Inventory and obtain the right to construct an additional single family residence of up to 5,750 square feet of floor area on the parcel. 5~15~ . Page: 1 of 5 01/31/2006 10:47! JRNICE K. VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 ~~~~~~ Page: 2 of 5 Administrative Determination No,U -2005 04/04/2007 03 JANICE K VOS GAUDILL PITKIN COUNTY CO R 0.00 D 0.00 Page 2 ------ _ ___ ___. _ __-_ - -- ----- --------- ----- 4. Prior to commencement of any earthlnoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until issuance of Certificate of Occupancy. 5. Prior to issuance of any building permits for the new residence, the Applicant shall: A. Complete afireplace/woodstove registration form with the Community Development Department, if necessary. B. Obtain a County access/driveway permit. C. Submit a drainage and erosion control plan for review and approval by the County Engineer. D: Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. E. Pay the applicable road and employee housing impact fees. 6. The applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the structure. C. For a distance of 10 feet around all structures establish and maintain vegetation at 6 inches or less. Woody vegetation should not be planted and flammable material should not be stored within this perimeter. D. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. E. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels' from around trees and brush shall be removed. F. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. G. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. H. The density of fuels within a 100 foot perimeter of the structure shall be reduced. I. All deadfall within the 100 foot perimeter shall be removed. J. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 7. The applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the International Building Gode (IBC) Section 1505.2. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. ~~~~~~ Page: 2 of 5 01/31/2006 10:471 JANICE K VOS GAUDILL PITKIN COUNTY CO R 0,00 D @.00 ~~~~~~ Page: 3 of 5 Admini strative Determination No.~-2005 J ANIC E 04/04!2007 03 K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 Page 3 3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required. by the adopted building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. B. Vents shall be screened with corrosive resistant wire mesh with mesh '/4 inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. H. Swilnming pools shall be accessible to Fire Department vehicles. I. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire- °~"'^ resistive construction on the exterior side of the walls. 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 wit112 inch non-combustible letters and shall be visible and installed on anon-combustible .post. P. New utility lines shall be buried within the driveway or approved envelopes. 8. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, well, septic system, and vegetation removal or disturbance shall occur outside of the approved. building [and/or] access envelopes unless otherwise specified in this document, such as necessary wildfire mitigation. Construction, staging, parking, utility and driveway extension and maintenance shall occur within the approved building or access envelopes. 9. The Applicant shall comply with the following to minimize ecological impacts: A. Install and use approved bear-proof trash containers as required by the County's Wildlife Protection Ordinance.. B. Native vegetation shall be maintained outside of the building envelope. C. Surface and ground water flows intercepted by roads, utility trenches and other development improvements shall not be diverted away from an existing wetland. D. Activities below the seasonal high ground water table, decreases in infiltration and diversions of silrface and ground water flows with drainage ditches or fill. shall be prohibited outside the building envelope. ~~~~~~ 01J31/2006 10:471 JANICE K VOS CAUDILL PITKIN COUNTY CO R @ _0@ _ _ D_0.00 19 56292 Administrative Determination No~ -2005 Page: 4 of 5 Page 4 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 04/04/020 00 3:19 i0. Lighting shall comply with the Pitkin County lighting standards at the time of building permit issuance. 11. Any development located within setbacks shall require a variance from the Board of Adjustment. This approval does not assure approval of the variance. 12. Grazing of cattle on the property shall be prohibited. 13. Floor area shall be limited to 5,750 square feet exempt from growth management, unless special review approval is granted for an additional single family residence and the existing structure is designated to the County's Historic inventory, in which case the floor area of the historic structure shall. be exempt from the calculation of floor area. 14. Failure to comply with. these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. ] 5. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 anal C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on / ~~ , 200. APPROVED by the Director this ~~:day of ~c~..v~,~,~,,.4, 2006. J PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON ~'ebruatn, I~'i~~~. ~C~~C_x.>~0. M_ r~ C~ Cindy Houben, Community Development Director Case #P214-OS ~~~~~~ PID# 264315200399 Page: 4 of 5 01A31f2006 10:471 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 EXHiBiT "A" LEGAL DESCRiPTi4N A tract of land situated in Lats 3 and 4 of Sectfan 15 and Lot 1 of Section 16, All in Township g South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado, described as follows: Beginning at a point on the Westerly line of Secdon 15, whence the Northwest comer of said Section 15 (a pipe established by L$3317) bears N 0{?°41'30" W, 261,'12 feet; thence along the Southerly RA.W. of Lenado Toll Road as follows: , N 85°33' E, 57.03 feet; S 78°76' E, 285.13 feet; S 78°40' E; 408.48 feet; S 77°19'2p" E, 245.27 feet to the Westerly boundary of the Wolfson Subdivision; thence along the Southwesterly boundary of the Wolfson Subdivision as follows: S 22°58' W, 83.90 feet; S 63°58' E, 120:00 feet; S 38°35' E, 168.70 feet; S 52°35' E, 105.00 feet; S 29°48' E, 240.00 feet; S 20°53' E, 193.50 feet; thence S 16°27' W, 127.16 feet to the center line of Woody Creek at the Headgate of the Waco Ditch; thence along the Northerly boundary of that parcel of land described in i3oak 217 at Page 443 as follows: S 64°48' W, 68.18 feet; N 55°47' W, 75.70 feet; N 88°34' W, 684.02 feat; N 65°74' W, 133.00 feet; ~ ' N 74°43' W, 200.20 feet; N 29°03' W, 320.90 feet; S 88°52' W, 906.30 feet to the Westerly line of said Section 15; thence N 85°93' W, 34.76 feat to the Westerly tine of said Lot 1 of Section 16; ,, thence N QO°t3'30" W, 601.02 feet along the Westerly line of said Lat 1 to the Southerly right of way of the Lenado Toll Road; thence N 85°33' E, 29.77 feet to the point of beginning EXCEPT any portion of the above described property which might be contained in Wolfson Subdivision . f ~ t111 Hll11111111111111~~1 ~ ~ g~2$3 83: 37~ 111~1111111I{~II11111 ~1I JANICE K VOS CRUDILL PITKIN COUNTY CO R 23.0@ D 225.08 ~L~~~f Page: 5 of 5 01/31/2006 10:471 JRNICE K VOS CAUDILL PITKIN COUNTY. CO R 0_00 _ _ D @.00 i..T~3S.7~L Page: 5 of 5 04/04/2007 03:19 JANICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 MEMORANDUM TO: Cindy Houben, Community Development Director FROM: Suzanne Wolff, Senior Planner RE: DJ LLC 1041 Hazard Review DATE: January 20, 2006 SUMMARY OF REQUEST: The Applicant requests 1041 Hazard Review approval to establish a building envelope encompassing an existing historic structure. The Applicant desires to construct an additional single-family residence on the property within the proposed building envelope. The building envelope is the same as was approved in 1999 and 2003. APPLICANT: DJ LLC REPRESENTATIVE: Glenn Horn LOCATION: The property is located at 722 Woody Creek Road across from the turnoff for Little Woody Creek Road. ZONING/LOT SIZE: The property is zoned RS-20 PUD and is 23 acres in size. BACKGROUND: The Community Development Director granted Administrative1041 Hazard Review approval in 1999 pursuant to Administrative Decision No. 99-48. The 1041 site plan was recorded in Plat Book 63 at Page 22. The Community Development Director granted a new 1041 Hazard Review approval by pursuant to Administrative Decision No. 19-2003. REFERRAL COMMENTS: The Woody Creek Caucus.supports the application. 1041 ENVIRONMENTAL HAZARD AREAS (SECTION 3-801: Slopes: The building envelope is relatively flat with no slopes exceeding 15 percent. Wildfire: The wildfire hazard within the building envelope is low. Wetlands: There are jurisdictional wetlands located on the southeast portion of the property (encompassing a majority of the parcel; approximately 18.3 acres). The building envelope is located at least 50 feet away from these designated wetland areas. Grazing of cattle on the. property was prohibited by the 2003 approval. Historical and Archeological Resource Areas: Suzannah Reid, the Pitkin County Historic Preservation Officer, commented on the historic structure during the 2003 review. She determined that the existing structure was built in 1910 and has historical significance to Pitkin County. The 1999 approval stated that demolition or alteration of the existing historic structure would require further review and that prior to submission of any building permit, the Applicant shall submit an application for special review and GMQS exemption to designate the historic structure to the County's historic inventory in order to construct one additional single family residence on the property. In 2003, Hearing Officer Determination _ ~. -2003 Page 2 the Applicant requested to amend the condition to specify that preservation of the historic structure would be at the discretion of the owner rather than a requirement. The Applicant stated, "With the reduced floor area allowed at this time, the owner or future owners may not want to keep the existing structure as it will use more floor area than would be desirable." The 2003 approval does not appear to provide the discretion that was requested by the Applicant, as it states that the Applicant "shall" seek approval to designate the historic structure in order to construct a new single family residence. The Applicant has again requested clarification regarding the discretion to preserve or demolish the historic structure. Staff agrees with the Applicant and would clarify that the Applicant has two options with regard to the historic structure: 1. Submit a 1041 application under the provisions of Section 3-80-060, Historic and Archaeological Resource Areas, in order to demolish the historic structure; OR 2. Submit a special review and GMQS exemption application in order to designate the historic structure to the County's Historic Inventory and obtain the right to construct an additional single family residence of up to 5,750 square feet of floor area on the parcel (the square footage of the historic structure would not count towards the 5,750 square feet). The Applicant would be required to obtain approval under one of the two options prior to submission of a building permit application for a new residence. RECOMMENDATION: Staff recommends that the Community Development Director approve the DJ LLC 1041 Hazard Review subject to the conditions in the attached Administrative Determination. ATTACHMENTS: 1. Woody Creek Caucus District Planning Commission letter ~""A'+ Woody Creek Caucus District Planning Commission P.O. Box 297 Woody Creek, CO 81656 11 October 2005 Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 Attn: Suzanne Wolff Re: Red Oak Trust 1041 Hazard Review (PID 2643-152-00-399, Case P214-05) Dear Suzanne, The Woody Creek Caucus supports the application submitted by the Red Oak Trust, as it seems to comply with existing regulations. However, the Caucus is concerned about how this strategy might be used in the future to increase density in Woody Creek and the County. Specifically we would like to know: 1. Is there a Pitkin County Historical Society or board? if so, who decides on historic designations? 2. What are the rules that a historic designation must comply with? Is there any age qualification for historic buildings? 3. What specific benefits accrue to an owner of a historic building? 4. In the absence of a Historical Society, who in the County is authorized to make or accept historic designations? We would appreciate being enlightened as to these questions and any other aspects of historic designation in the County. Sinc I .~ ~ ~~~~'f S ilip M~ ~ olstein, Jr. ~~. ~ D Woody Creek Caucus Planning Committee PltklIl COUIIty ~" December 27, 2005 Phil Holstein . " Woody Creels Caucus District Planning Commission ' P.O. Box 247 ' Woody Creek CO 81656 Re:' Red Oak Trust 1041 Hazard Review . Dear Phil: In your referral letter October 11, 2005, you asked a nlunber of questions with regard to the County's process and regulations with regard to historic designation. I have resporided below to your specific questions: , 1. Is there a Pitkin County Historical Society or :board? If so, who decides on~ historic designations? The County does not have a historical society or board, other than in Redstone, where the -Board of County Commissioners appoints members to the Redstone Historic Preservation Commission to review , development within and adjacent to Redstone. Suzaiuiah Reid serves as the County's Historic ' Preservation O~`icer, aild provides reconunendatioiis to tl-ie Cotuity regarding historic resources and. designations. Designation of an individual historic resource to the .County's Historic Inventory occurs through 'a public hearing process, usually as part of a development application. _ 2. What are the .rules that a historic designation must comply with? Is there any age qualification far historic buildings? ~ ' The Land Use Code regulates historic structures and resources through the 1041 provisions (Section 3-80- 060). I have attached acopy. - - " Mrs. Reid. utilizes the following criteria to determine the significance of historic properties (individ.ual building, site, structure or object or a collection of buildings, sites, structures or"objects) and their . eligibility for inclusion on the Pitkin County Historic Inventory: 1. A property as deemed significant for its antiquity, in that it is: - More than 100 years old; acid - It possesses an appropriate degree of integrity of location, setting, design, materials, workmanship acid association, given its age; OR 2. A property, whatever its age, that possesses sufficient integrity of location; setting, design, - materials, worlananship, and association, and. is related to one or more of the following:. ~ Ari event, pattern or trend that has made a significant contribution to local, state, regional, 'national history; ~ People whose specific contribution to local, state, regional or national history is deemed ~amportant and has been identified aild documented; 130 S. Galena Street A"spen, Colorado 81611 (970) 920-5526 fax 920-5439 www.aspenpitkin.com ~~. ~ ~ <.~~ r .:`~S .i ~,~ ~~_. .. - .. _ _; Commnnit~ Deyel meat Department _ ,,* 1= A physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy tliat is deemed important. 3. What speck benefits accrue to an owner of a historic building? The prunaiy benefit available to the owner of an historic building or site is the potential to obtain one additional single family residence exempt from growth management up to 5,750 square feet, subject to special review. The exemption is available to all lots/parcels, even if they do not meet the minimum lot area per dwelling unit requirements of the underlying zone district (i.e. in the RS-20 zone district, there could be two dwelling units on a 20 acre parcel, IF .one of the units is in an historic stnicture), If approved, the square footage of the historic structure(s) does not count against the 5,750 square foot exemption. This exemption. is not available to properties with existing, non-1istoric single family dwelling units. 4. _ In the absence of a Historical Society, who in the County is authorized to make o~~ accept historic . designations? - ' The Board of County Commissioners acid the Hearing Officer have the authority to designate historic . resources to the County's Inventory, and. do so upon recommendation by the County's historic. . ~ Preservation Officer. When ail historic resource is designated to the Inventory, the Applicant is required to record. a covenant on the property agreeing to maintain or~expand the historic stn~cture(s) in accordance witlx tl~e U.S. Secretary cftl~e I~~te~ier's Standards for Trea~nent of historic PrcpeiLies, as interpreteu by th.e Historic Preservation Officer. Please be aware that changes to the historic preservation program are proposed ,as part of the Land Use Code rewrite. These changes will be available to the public for review in early January on the County's website (www.asben_uitkin.coml...What I have described above is based. on the Code acid process in effect ~ , at this tune. I hope this answers your questions. If this generates more questions, feel free to contact ine by email at suzannew(aco.pitlcin.co.us or at 920-5093. Sincerely, . ~j Suzaime.Wolff "Senior Planner . ~. ~~~ Davis Horn~- PLANNING & REAL ESTATE CONSULTING January 30, 2006 Suzanne Wolff AICP Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Red Oak Trust Land Use Application Dear Suzanne: As you requested, I have obtained an authorization letter from the new owners of the Red Oak Trust property and a copy of the deed which conveys the site from Red Oak Trust to DJ, LLC. It looks like you have what you need to complete your review of this applications Please let me know if you need anything else. Sincerely, DAVIS HORN INCORPORATED GLENN HORN AICP aoooal ALICE DAVIS, AICP S GLENN HORN, AICP 215 SOUTH MONARCH ST. SUITE 104 ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 Lee Keating Tom Bowers DJ,LLC 408 South Hunter Street Aspen, Colorado 81611 January 27, 2006 Suzanne Wolff AICP Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Authorization Letter Dear Suzanne: We recently acquired a 23 acre metes and bounds lot in Woody Creek from the Red Oak Trust. Red Oak Trust has submitted a 1041 Environmental Hazard Review land use application for the subject site. This letter authorizes you to complete your review of the Red Oak Trust land use application and authorizes Glenn Horn to represent us should any issue arise. You may contact us at work 925-8657. Sincerely, LEE KEAT c:`' TOM BOWERS .. ~ ~~ 000002 . WARRANTY DEED THIS DEED, made November 28, 2005, Between IRVING AZOFF TRUSTEE OF THE RED OAK TRUST DATED JUNE ?4 '1996 of the County of ,State of CA, GRANTOR, AND DJ, LLC, a Colorado limited liability company ,GRANTEE whose legal address is :308 S. HUNTER STREET, ASPEN, CO, 81fi11 of the County of PITKIN, State of CO WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, their heirs and assigns forever, all the teat property together with improvements, if any, situate and lying and being in the County of PITKIN, Slate of COLORADO, described as follows: See Attached Exhibit "A" ++~~~~ 5 i 7883 I f ~~~~~ Page.: i of 4 ~~~ ii ~~~l~~l )) ~~~~~I~ ~IIJ~ ~H1111~ N JRN [ ~ ~!1 11 /29! CE K V05 CAUDTLI. Pr7KIN CGGNTY CO 2005 03:171 R Z1.@0 D 22.00 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law ar equity, of, in and to the above bargained premises, with the hersditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, their heirs and assigns forever. And the Grantor, for itsself, its heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, their heirs and assigns, that ai the time of the ensealing and delivery of these presents, It is wail seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawfulauthorlty to grant, bargain, sell and convey the same In manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters asset forth on Exhibit "B" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, their heirs and assigns, against ail and every person or persons lawfully claiming the whole or any part thereof. The singu~r number shall include the plural, the plural the singular, and the use of gender shall be applicable to ail genders. IN WITNESS WHEREOF the grantor has executed this deed. SIGNATURES ON PAGE 2 The person authorized to receive this document is: JOHN KEI.IY OATES, KNEZEVlCH 8 GARDENSWARTZ 533 E. HOPKINS ASPEN, CO 81$11 517'883 tRANSFER ~CL~tRTION RECEIY~D iilZ91Z~05 aooo~ P""`A SIGNATURE PAGE TO WARRANTY DEED PAGE 2 IRVING OFF TEE OF THE RED OAK TRUST ED 141896 STATE OI COUNTY The foregoing instrument was acknowledged before me this day of NOVEMBER, 2005, by IRVING AZOFF TRUSTEE OF THE RED OAK TRUST DATEQ JUNE 14 19 WITNESS my hand and official seal ~~~ht1~.-., my commission expires,'Y~p,~,t, l0~ ~~~Q°~ Notary Public PCT20113L3 ~` : ~, Ca~~,e ~-j-' ~r Rrbllc • ~a1Aoa~ ~~~~ I ~~f~~ ~1~~ ~l~ +I~f 517883 ~~ ~({I,I ~ Psgs : z of 4 `iNt ~~~ ~~~ ~~ lllli~l I~I~~I :~,z, 9 ze JANICE K VOS CAUDILL AITKJN COUNTY CO q 21.00 D ZZ5.0g'J?~ 000004 EXHIBIT "A" LEGAL DESCRIPTION A tract of land sftuated in Lots 3 and 4 of Section 15 and Lot 1 of Section 16, Ail in Township 9 South, Range 65 West of the Slxth Principal Meridian, Pitkin County, Colorado, described as #oliows: Beginning at a point on the Westerly line of Sectfan 15, whence the Northwest comer of said Section 15 (a pipe established by LS3317) bears N Ot}°41'30" W, 261.12 feet; thence along the Southerly R.O.W. of Lenado ToH Road as follows: N 85°33' E, 57.03 feet; S 78°16' E, 285.13 feet; S 76°40' E, 408.49 feat; S 77°19'20" E, 245.27 feet to the Westerly boundary of the Wolfson Subdivision; thence along the Southwesterly boundary of the Wolfson Subdivision as follows: S 22°58' W, 83.90 feet; S 63°58' E, 120.00 feet; S 38°35' E, 168.10 feet; S 52°35' E, 105.00 feet; 5 29°48' E, 240.00 feet; S 20°53' E, 193.50 feet; thence S 16°27' W, 127.16 feet to the center line of Woody Greek at the Headgate of the Waco Ditch; thence along the Northerly boundary of that parcel of land described in Book 217 at Page 443 as follows: S 64°48' W, 68.16 feet; N 55°47' W, 75.70 feet; N 86°34' W, 684A2 feet; N 65°14' W, 133.00 feet; h 74°43' W, 200.20 feet; N 29°03' W, 320.90 feet; S 88°52' W,106.30 feet to the Westerly fine of said Section 15; thence N 85°13' W, 34.76 festto the Westerly line of said Lot 1 of Section 16; thence N 00°13'30" W, 601.02 feet along the Westerly line of said Lot 1 to tine Southerly right of way of the Lenado Toll Road; thence fJ 85°33' E, 29.77 feet to tl~e point of beginning. EXCEPT any portion of the above described property wh}ch might be contained in Wolfson Subdivision . 517883 1 44`` ff `` ~~ ~ ~II~~ ~I~~ f~I 1129/2005 03:271 1 ~ III ~11~ ~~~ ~~~~ ~ ~~ ~~~~~ ~ ~~ JFiNICE K V05 CRUDILL PITKIN COIRJTY CO R 22.00 D 225.00 ooooo~ ~"""~ EXHIBIT "B" 1. Taxes for the year 2005 not yet due or payable. 2. Right of the proprietor of a vein or bde to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded in Book 55 at Page 63. 3. Easement for the pipeline as set forth in instrument recorded in Book 153 at Page 29. 4. Right of way for the Waco Ditch. 5. Terms and conditions of Letter recorded October 20, 1981 in Book 418 at Page 142. 8. Terms, conditions, provisions and obligations as set forth in Administrative Decision recorded November 12, 1999 as Reception No. 437717. 7. Easements, rights of way and sit matters as disclosed on 1041 Hazard Review Plat of subject property recorded November 13, 2002 in Plat Book 83 at Page 22 as Reception No. 474745. 8. Terms, conditions, provisions and obligations as set forth in Administrative Decision recorded May 6, 2003 as Reception No. 482386. 9. Terms, conditions, provisions and obligations as set forth in Boundary and Fence Agreement recorded July 22, 2005 as Reception No. 512719. 10. Any question, dispute or adverse claim as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alteration through accretion, relict ion, erosion or avulsion of the center thread, bank, channel or flow of waters in the Woody Creek River lying within subject land; and any question as to the location of such center thread, bed, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands. NOTE: There are no documents in the Land records of the Office of the Clerk and Recorder of Pitkin County, Colorado accurately locating past or present locations} of the center thread, bank, bed, or channel of the above River or indicating any alterations of the same as from time to time may have occurred. AND Any rights, interest or easements in favor of the riparian owners, th@ State of Cotoredo, The United States of America, or the general public, which exist, have existed, or are claimed to exist in and over the waters and present and past bed and banks of the Woody Creek River. ~~~ ~~ 517883 ~~~~ + Page : 1 of ~ ~Ill~~l~ H~ III ll~ 1H ~1~1 I 1~I~~ ~~~I 12129/ 3RNICE K VOS CRUDILL PITKIN COUNTY CO R 21.00 DZ22S.00 71 ~oo~o~ COLORADO HISTORICAL SOCIETY Office of Archaeology and Historic Preservation 1300 Broadway, Denver, Colorado 80203 HISTORIC BUILDING INVENTORY RECORD PROJECT NAME: Pitkin County Reconnaissance Survey, 1999, SHF#98-02-084 ADDRESS: 722 Woody Creek Road Woody Creek, CO 81656 ASSOCIATED BUILDINGS: X Yes No Shed and outhouse. BUILDING Current: NAME: Historic: Harman Homestead/Cerise Ranch DISTRICT NAME: PHOTOGRAPHER: W. Tate LOCATION OF NEGATIVES: Pitkin County Planning SKETCH MAP: See attached map with resource indicated. EXTENT OF ALTERATIONS: X Minor Moderate Major Describe: Deck on south and east and addition on west. CONDITION: Excellent CONTINUED Yes X No Fair NOT FOR FIELD USE _ Eligible _ Nominated _ Det. Not Eligible _ Certified Rehab. Date COUNTY: CITY: STATE ID NO.: 5PT858 Pitkin Unincorporated TEMPORARY NO.: 264315200399 (039) OWNER: SPAGHETTI RANCH CO. C/0 M. KARLIN, NIGRO, KARLIN & SEGAL I 10100 SANTA MONICA BLVD, SllITE 1300 LOS ANGELES, CA 90067 TOWNSHIP 9S RANGE 85W SECTION 15 NW 1/4 ~ U.S.G.S. QUAD NAME: Woody Creek, Colo. YEAR: 1987 UTMS: Zone- 13 Easting- 338016 Northing- 4348921 COUNTY SUBAREA: Woody Creek/Lenado BLOCK: N/A LOT(S): N/A ADDITION: N/A YR. OF ADDITION: N/A PHOTOGRAPHIC BZ: 7; 63: 19. REFERENCES: (Roll/Frame) DATE OF CONSTRUCTION: Estimate: 1910 Actual: Source: Pitkin County Assessor USE: Present: Domestic/Single Dwelling Historic: Agriculture/Ranch NW 1/4 (7.5') X Good Deteriorating STYLE: MATERIALS: No Style/Vernacular Wood Frame Wood ARCHITECTURAL DESCRIPTION: STORIES: The house is a small, one-and-one-half story building with a side-gabled roof 1 1/2 and a shed addition off the west side. There is a wraparound wooden deck on the SQUARE south and east sides of the house. The house is lap-sided, painted tan with - FOOTAGE: - blue trim; gable ends are the same as the walls. The roof is red asphalt shingles and the foundation is red/gray sandstone blocks. The off center main door is ORIGINAL LOCATION STATUS: paneled and glazed; the door on the shed addition is paneled. Windows on the ORIGINAL SITE X main floor are double paned, double-hung sash type. There is a triple window on the east gable face above which is a single fixed window that is round. In MOVED addition to the house, there are an outhouse and shed to the side of the house DATE(S) OF MOVE: and a ti pi behind it. The one-hole outhouse is lap-sided with a side-gabled asphalt shingle roof and vertically laid milled lumber door. The modern shed is NATIONAL REGISTER ELIGIBILITY of plywood construction. There is a white three rail fence across the front of, INDIVIDUAL the property and a ditch. There are also a feu deciduous trees. YES X NO CONTRIBUTING TO DISTRICT: YES NO LOCAL LANDMARK DESIGNATION: No Q V O V V NAME: CONTINUED? YES X NO DATE: ADDITIONAL PAGES: YES X NO ARCHITECT: BUILDER/CONTRACTOR: Unknown Unknown SOURCE: SOURCE: THEME(S): High Country Farming and Ranching STATE ID NO.: 5PT858 ORIGINAL OWNER: Unknown SOURCE: CONSTRUCTION HISTORY (Description, names, dates, etc., relating to major alterations to the original structure): CONTINUED YES X NO HISTORICAL BACKGROUND (DISCUSS IMPORTANT PERSONS AND EVENTS ASSOCIATED WITH THIS STRUCTURE): General land office records indicate that this property was homesteaded by F. Mason Harman. Mr. Harman settled on the land on 1 May 1881, making it one of the earlier homesteads in the area. He received a patent for 160 acres in 1889. This property was part of the Cerise Ranch .and was the home of Martin and Virginia Cerise before the ranch was sold in 1956. CONTINUED YES X NO SIGN[FICANCE (CHECK APPROPRIATE CATEGORIES ANO BRIEFLY JUSTIFY BELOW): ARCHITECTURAL SIGNIFICANCE: HISTORICAL SIGNIFICANCE: REPRESENTS THE WORK OF A MASTER ASSOCIATED WITH SIGNIFICANT PERSONS POSSESSES HIGH ARTISTIC VALUES X ASSOCIATED WITH SIGNIFICANT EVENTS OR PATTERNS X REPRESENTS A TYPE, PERI00, OR METHOD OF CONSTRUCTION CONTRIBUTES TO AN HISTORIC DISTRICT STATEMENT OF SIGNIFICANCE: This property is associated with the history of settlement in Pitkin County, having been part of a homestead established in 1881 aril later part of a successful ranch operated by the Cerise family. The house is representative of the simple frame dwellings erected in the late nineteenth and early twentieth centuries in rural areas. CONTINUED YES X NO I REFERENCES (BE SPECIFIC): Pitkin County Assessor records; Bureau of Land Management, General Land Office records; Virginia Cerise, Telephone Interview by R, iaurie Simmons, August 2000. ~ooooos CONTINUED YES X NO SURVEYED BY: Tate & Assocs/Front Range I AFFILIATION: Front Range Research Associates, Inc. I DATE: May-June 2000 S 1• 0 0722 Woody Creek Rd.' 5PT858 (39) - 0 Q 0 ~ ~ 9 70 0 70140 Feet oooo~v _ _ - r . ~ 1, J:o o- ~ ~ 1 ~. `\~ '~~ 7337 `` ~ ,y ;%~'„+~~ ~l ~` ~ ~f i~ , ;] ~ ~ •) ,,~''.• , ..;. ~ .. r .-~.. ~_ ~ ~. _ t _ -' ,fir. L~~ ~ ', ~ ~~ ":,.~ ''~ ; ~, 5P x853 n ~~ _ _ a~fi858`' ~~~.~~; • -,- ' -~ j _ \. `. /'~ ' i' ~.i', ,~;~~''~_. 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'~r \ `,t'r ~• l t ~!~ . ~. . yy ~ y, ~~~L '\' ~, t _ .~\1Y, ~, `, ~ - ,. rat ~~N\\\ -__. -_ ~ ~ ~ ,•~ ~~ "t ,,,1 l` t~i~ h~and'•µ~ea~C; ~ ~~(29 ) - A~s en,~~olo. ~(1~987~ ~~ ~ - -. .., ~•~~-~-;'~ I, ~ (~' . i ~ 7b O\ ~. J^ t ~l a~ `~~ i I It J ' :. J '. ~~ ~`\. ~ i- _=''. l ii .. i. , USES Topographic Map Extract soo 0 80o Feet - ~~. ooou~ 1 ~'""',*. • ...dam/ .. .. Y ~.- ~ .. ,ra;; , , UII~UU~.2 Davis Horn~- PLANNING & REAL ESTATE CONSULTING September 27, 2005 Suzanne Wolff Aspen Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: The Red Oak Trust 1041 Environmental Hazard Review and Vested Property Rights (PID # 264315200399) Dear Suzanne: Davis Horn Inc. represents the Red Oak Trust (applicant), owner of a 23 acre lot located on Woody Creek Road just north of Little Woody Creek. Please see Attachment 1 for a vicinity map showing the property's location and the surrounding area. The subject site is improved with a small single family house which is served by a private water well and an individual waste water disposal system. Please see Attachment 2, the current, approved and recorded 1041 site plan for the property, formerly known as the Spaghetti Ranch company property. The subject property was granted an Administrative 1041 approval in 1999 in Pitkin County Resolution 99-48 and another administrative 1041 approval was granted in 2003 through Resolution 19-2003. These resolutions are found in Attachments 3 and 4. As the vested property rights for the current approval expires on Apri123, 2006, the owner is requesting another approval and an extension of the vested property rights for the approval for an additional three years until Apri123, 2009. The formerly approved and currently proposed building and access envelopes are the same and these envelopes avoid all 1041 hazards. The applicant agrees to all the conditions of approval in the 2003 which are found in the resolution in Attachment 4 and to all the material representations made in the original land use applications. Section 3-80-020 A. of the Pitkin County Land Use Code provides for the Planning Director to exempt the "remodeling, expansion or reconstruction of single-family and duplex structures provided there is no construction or expansion of a structure that would create additional 1041 impacts." The applicant is submitting the same recorded 1041 Site Plan which is amended only to reflect current dates and the new owner name. This is found in Attachment 5 and it shows that the building and access envelopes avoid all 1041 hazards and meets this requirement for this exemption. It is our understanding, that at the owner's discretion, the existing house on the subject parcel can be designated historic and upon designation, the property will be eligible for Growth Management Incentive for Preservation of Historic Structures pursuant to Code Section 9-110- 043 (A). This is stated in condition 18 of the 2003 approval. Condition 3 in the 2003 approval resolution states that: 00003 ALICE DAVIS, AICP 1 GLENN HORN, AICP 215 SOUTH MONARCH SL SUITE 104 ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 "prior to building permit submission for another single-family residence, the Applicant shall submit an application to the Community Development Department seeking Special Review and GMQS exemption approval to designate the existing single family house a historic dwelling." The applicant would like to clarify that the decision to have the existing house designated historic is at the owner's discretion. Should a future owner not wish to designate the existing house as historic, and therefore chooses to either keep and expand the existing house or demolish the existing house and build a new residence, that is the owner's prerogative. We are requesting that the existing language in condition #3 be amended to clarify that this historic designation is optional and not a requirement of the 1041 approval. The existing house and proposed access and building envelopes are located in the northwest corner of the site. Both envelopes are flat with slopes of less than 15 percent. The site plan in Attachment 5 does not depict topography. During a site visit for the original application, Suzanne Wolf indicated that if the envelopes were located in the area she inspected, a topographic map would not be required as the area is flat. The applicant understands that a topographic map with two foot contours will be required to obtain a building permit. The subject site is traversed by Woody Creek. Andy Antipas, Ecological and Environmental Consultant, inspected the site and delineated wetland areas on the property in 1999. Attachment 6 is a June 15, 19991etter from Andy addressing wetlands on the property. Approximately 18.3 areas of wetlands are depicted on the 1041 Site Flans in Attachment 2 and 5. This portion of the site will not be disturbed. The following attachments are included with this land use application. 1. Vicinity Map (8 1/2" x 11 "); 2. Recorded 1041 Environmental Hazard Review Site Plan (11" x 17"); 3. Resolution 99-48, Administrative Decision Resolution of Approval; 4. Resolution 19-2003, Administrative Decision Granting 1041 Approval; Proposed Red Oak Trust 1041 Hazard Site Plan (same as recorded, approved site plan, but amended to reflect current dates and names); 6. June 15, 19991etter from Andrew Antipas, Ecological Consultant; 7. Fee Agreement; 8. Pre-application Summary Sheet; 9. Proof of Ownership; and 10. Letter from Irving Azoff, Trustee for the Red Oak Trust, property owner. 000014 The appropriate application fee deposit is submitted with this letter. Please call if you need anything further or if we can be of assistance. Thank you. Sincerely, DAV HORN INCORPORATED GLENN HORN AICP 000015 - 101'° v - + I ~ "' ~ ~ I { ~ I ~ t~010~f' }~ ~q ,, ? 'e Ito ~ ~ ~ t w .I ~ ~- ~ ff f, Is~,57h ff p t9 9r ~ N 11 to I » rfa a ;1 4o I T I 11 N .y I gaONmiM N !e ~ ~ sir; .rr•• ~r~,> ~,:7 feYtl fa ;Se4 57 t• I fe •ft GQJ'/q~ 701s fa -e I ~ ~ J ~i +~A = ~ ~f t ~ '4 I I ~ ~ ~` 9a 12 r~ ~ ~~ I ~ t+'~`"'~~` .. ~ + fa » » fl P •~ a ff ~ . fe I f:`~•,~ ft ~ Trlanele i fa ~~~ G r+~0~:i"b~ 7a I I r , a519 t,~ ^ (~ ~~ 9225 + 4 I + + + --mod- •t ,~ ~+ ~r-•-- .~{rya 0~~ , . 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N /~ W {~jf R U P ~ / ~ r. ~ a v` d ~ l~ ~~ ~ `~ W 8 1 ~ U ~ ~ 8, ra ~ ~ 8 ~ ^,f rn ~ ~ ~ y~ ' B D m -'~ N ,~ su~ &~ ~~ ao , :)~0 -~lp_i ia` ~~ w ~ ~~ Y o^ ~~ ~ ~~~ ~~~ ~ ~o~~ ~~~~N$~~~w~~~~~~~~~~ 1 ll 7 ~ "~ T 7 T'71'il •717 1t 7 ZI1I 1t iTu ]~l7 -(T ~~p~ ~~~ U~ , ~TT~ , ~MENT 3 ADMIISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE SPAGHETTI RANCH ADMINISTRA VE 1041 HAZARD REVIEW 9°I~ 1. Pursuant to Section 3-80-020 of the Land Use Code, Spaghetti Ranch Company ("Applicant") has applied to the Community Development Director of Pitkin County, Colorado, ("Director"), for Administrative 1041 Hazard Review. 2. The Applicant is requesting approval to establish a building envelope for asingle- family residence and customary accessory uses. 3. The Applicant's lot is zoned RS-20 PUD and contains 23 acres. 4. The property is located on Woody Creek Road, across from the Little Woody Creek turnoff (as is more specified in Exhibit A). 5. The Director finds the request is consistent with requirements of the Code. THE DIRECTOR DOES HEREBY APPROVE the Spaghetti Ranch 1041 subject to the following conditions: Prior to submission of any building permits, the Applicant shall: (a) Submit for Community Development approval and recordation a 1041 Hazard Review Site Plan, on which the building and access envelopes are delineated. The building envelope shall be amended (as specified in Exhibit B) to further comply with County setback requirements. The Site Plan shall include a note that no development shall occur outside of the building and access envelopes and that demolition or alteration of the existing historic structure shall require further review. (b) Submit an application to the Community Development Department seeking Special Review and GMQS exemption approval to designate the existing single-family house as a historic dwelling and construct one additional single family residence. 2. The applicant shall abide by all material representations made in this application. APPROVED by the Director, this~~day of .~4~t~!~,~.~L, 1999 Cindy Houben, Community Development Director 2634-152-00-399 P128-99 OOOOIB I I"~Il ~'ilI'~III' I~I'I I~'I' III'II'I~'~ Itl'~~'I II'f I~~~ 437717 11/12/1999 02:37P ADMIN DE DAVIS SILYI 1 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO t'tlJ(`I V L . 5. to8(c N 85° ~ LEGAL DE5C~1 PTtUN -- ~~i~~T Z~~ 4~ ~ u~ ~~ :4" -. ~b .~ A TAT CE LAND 51TUATED IN LOTS 3 ~ ~ aF SECTION 15 AND LpT I OF SECTION I~, ALL IN T. 9 5., ~. 85 Y~. OF THE CoTH P M., PITK1 N COUNTY, CoLORAGt~, !~'1JPE ALLY GE5G~1 QED A5 ALLOWS 1~GiNNItJG AT A R~tNT CN THE 'rVESTEPLY LINE C~ SECTIGN f5, WHENCE THE N.W Q'~RNE~: GF SAID SECTION I~ (A PIPE ESTASLI~--3ED 8Y L .5. 3317) HEAPS N Cb°41' ~" 1N Zrol. !2 FT.; T~-IEI~E ALONG THE 50lJTHEPLY R .O. W LINE OF THE LENAC~ TOLL ROAD A5 FoL1.oY~5 ~ N 85 ° 33' Cb" E 57.03 FT: , 5 7b ° I~' CX~" E 285.13 FT, 5 78 °-40' Ct7" E gC8.49 FT:, 5 77° I`I ' 2D " E 2~15.7G ; T. TO THE WESTERLY ~l1ND~RY GF THE 1~LF50N SUP~D1V15tON; THENCE ALONG THE 50UTH WEST=SLY ~OVNDA~'1' OF THE WOLF~1 SUBDIVISION A5 FOL_L01~1/5 ~ 5 22 ° 58' CIS" 1N 83 `l0 F~t' , 5 ~3° ~'Gi~" E I2D. CaQ FT, 538° 35'Gb" C 1~8. l0 FT , 5 52° 35'GY~" E 105. ~ FT: , 5 2`I ° ~'Ci~" E 240. ~ ~'. , 5 ~ ° 53 , Cb" E f ~~ . ~ FT.; THEME 5 I(o°27'CL7" W 127. ICc FT. TQ THE GE~ITERLlNE GF WG~DY GREEK AT THE H EADGgTE C~ THE WACO DITCH ; THENCE ALDNC THE NOI2T'HE~LY EOIJNDf'~C:Y OF THAT PA~GEL OF LANf~ DE~R(6ED IN ~K 217 AT Pf~E 443 A5 FoLLO1rV5 ~ 5 ~4°~18' ~" W C~B.18 FT., N 55°~7'GY~" W 75.70 FT., N a8° 3~' Gt7" V1/ Cn~4. 02 FZ: , N ~5 ° l'4' CO " W 133.0 FT., N ~4°43'CO" Y1/ ?lX>• 2J FT'•, N 2°l °03 `GL7" YV ?~. `i'J FT., 5 SS° 52' CX~" W IGYo• 3p FZ: To THE wESTE>;LY LINE aF SID SECftON 15 ; THEME N 85° 13'cb" W 3~.7Cv FT. ~ THE WESTERLY LINE OF SAID LCD i OF S~TfON l~; THEME N Gt~° 13' 3O" W C~Ot .02 F7: ALONG THE WESTERLY L{NE C~ SID LLJt ! TO THE ~IJCHERLY R.O.YV LINE OF Tt-fE LF1~lAGt~ TOLL i~DAT~; TH EIRE 1J 85 ° 33' Cn" E 2~ .~ 1=T. TO THE Fal NT C!F 1/EC~ I Nt~l ING, CbNTA I N i NG 2 3 . ~ KRES MORE CR LEA (EXCEPT ANY R~'TION OF THE A~/E DESGR{PEED Pi~PERTY WHIGI-t c~11G1•t[' PEE IN WOL~;,ON SU8D1v151oN AND ANY R~R11DN IN c~fEt;NME'NT LOT 3, SECTION 15, T. ~ 5., ~. 85 w.) 111111 (IIII 111111 IIIII IIIiI 111111 11111 111 (IIII IIII IIII 437717 11/12/1999 02:37P ADMIN DE DAVIS SILVI 2 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO NOTICE According ro Colorado taw you must eommench any regal action eased upon any detect In this survey wlihin three years a4er you first discover such detect. to no event may any acuon based upon any detect In this survey be commenced .. ._ __.~ ..~~ .w. ww.. wl .t....w.liwslinn •hnu.n h~r.nn i% / j i -----------J 0 ,NGbD ~ ~~ 0 V` ~9 3.0 N.W. COQ., SEC. ~5, T. 9 5. , ~. 85 W p N to . ~ N~> 3~9 ~~ ~; ~ w zI ~r wcx~t~ F~Atv1~ W 1 `T~--1 LrJ ~'T -~~~ N ~GL~ID~ ~E~~ ~ C,f1P L ~ 5. C~8 ~~~~ ~ ~T) _ N J V H _N ~ ~~~ av 0 z ~GY ~ M Q, ~Qm ~~~ ~~z ,,._ .. N B -~ B ~~m ~~ O ~N m ~ e~ .m ~. ~~~ .~ r ~,, .. .~ ^ o 3~ ° 33' ~" F 57.03' ~~~f~iB%T ~~~ ~ ~~;-~-~ .s~. ~ee~., .. ~CUN D~ ~~1R $ CAP ,~ 3 --- -.J i.. ~ ~~~: ~~ 1 ~,~ ~ ~ ~ ~, ~ ~ m ~, 1 O e ~ i _~ !1 ~ Yi yl >~ 5o eIg ~,~5~~-,,.~~ ~ I ~ +cP-5 ,~ ~ ~~~ ~~ vv ~~~~. ~s~ ~ p~~,~ ~~' Q~~ a Q3 c,.~ 3I .. 0 8 z ~ 5 ~~~~~~1 CP-G / 1~ '" 4823 (III~I 05906/2003 02:~2P SILVIR DRVIS PITKIN COUNTY CO R 0.00 D 0.00 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE SPAGHETTI RANCH 1041 HAZARD REVIEW Determination No. l~ -2003 RECITALS ATTACHMENT ~} . Spaghetti Ranch Company (hereafter "Applicant") has applied to the CommunityDevelopment Director (hereafter "Director") for an Administrative 1041 Hazard Review approval to establish a building envelope for the construction of a singlesfamily residence. 2. T11e property is located on Woody Creek Road, across from the Little Woody Creek turnoff and is more specificalh~ described in Exhibit A. 3. The property is zoned RS-20 and contains approximately 23 acres 4. The Director finds that. the building envelope is low wildfire hazard, avoids wetland habitat areas, avoids slopes in excess of 30 percent and is more or less void of 1041 Hazard concerns. NOW THEREFORE BE IT RESOLVED by the Director that approval is hereby granted to the Spaghetti Ranch 1041 Hazard Review subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all conditions and material representations made in the application herein. Prior to submittal for any building permits, the Applicants shall record a 24 X 36 inch mylar ] 041 Hazard Review Site Plan in accordance with Section 5-70-040 of the Land Use Code. Community Development shall approve the site plan prior to recordation. Upon approval by Community y Development, the site plan shall be submitted in digital format for integration in to theCounty Geographic ]nformation System (GIS) prior to submission of a building permit. Prior to building permit submission for another single-family residence, the Applicaa~t shall submit an application to the Community Development Department seeking Specid review and GMQS exemption approval to desis;nate the existing single~family house as a historic dwelling. A fireplace/woodstove pcrmit shall be approved by the Environmental Health Department prior to issuance of a building permit. "T'He Applicant shall submit a Fugitive Dust Control Plan to be approved by the Environmental Health Department prior to issuance of a building pcrmit. 000021 ^~~ 4823 F Page : i~ 6 I~~ ~I~~ O5/O6/2bn3 02: 12P SILVIfi DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Administrative Determination No.~-2003 Page 2 5. The driveway shall comply with County driveway standards at the time of issuance of an access permit. The applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum l0 foot perimeter around the structure. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the structure. C. For a distance of l0 feet around all structures establish and maintain vegetation at 6 inches or less. Woody vegetation should not be planted and flammablematerial should not be stored within this pernneter. D. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of ttivo times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. E. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed, F. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the~crowns. G. All branches which extend over the roof eaves shall be trimmed and all branches within 1 ~ feet of the chimneys shall be removed. H. The density-of fuels within a 100 foot perimeter of the structure shall be reduced. I. All deadfall within the 100 foot perimeter shall be removed. J. The applicant steal! be responsible for the continued maintenance of the defensible space vegetation requirements. The applicant shall comply with the following additional wildfire mitigation standards: A. Roofing: New roofs shall have a class A roof covering or a class A assembly roof system. Wood shake/shingle roof coverings and. flat roofs (up to a 3: ] 2) pitch are prohibited. B. Vents shall be screened with corrosive resistant wire mesh with mesh''/a inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Weeds and grasses within the l0 foot perimeter shall be maintained to a height not more than 6 inches. G. Firewood/wood piles shall be stacked on a parallel contour a minimum of l 5 feet away from the structure. H. Swimming pools shall be accessible to Fire Department vehicles. I. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. OOOU22 4386 Pe:_ ." 3 of 6 ~~1II 05/06/2003 02:12P SILVIA DAMS PITKIN COUNTY CO R 0.00 D 0.00 Administrative Detern~ination No. I~-2003 Page 3 M. Propane tanks shall be installed according to NFPA 58 standards and on a contour away from the structure with standard defe»sible space vegetation mitigation around any abova~ ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one I O pound approved ABC fire extin_uisher placed in a visible and accessible location. y O. Addresses shall be clearly marked with 2 inch noncombustible letters and shall be visible and installed on anon-combustible post. P. New utility lines shall be buried. 10. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building [and/or] development envelopes unless otherwise specified in this document, such as necessary wildfire mitigation. Construction, staging, parking, utility and driveway extension and maintenance shall occur within approved building, or access driveway. No construction staging shall occur on Woody Creek Road. 11. Prior to application for building permit the applicant shall provide for review to the County Engineer a trip generation and construction trip generation study for any free market residential structure exceeding x,000 square feet. Atraffic-engineering consultant hired by the applicant and pre-approved by the County Engineer shall develop this study. 12. Pursuant to Ordinance No. 022-2000, the Applicants are subject to the Fair Share Requirements and shall pay a road impact fee. 13. Prior to commencement of any earthmoving or construction activity, the Applicants shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until issuance of Certificate of Occupancy. Absolutely no damage to existing wetlands shall occur on the property. 14. A drainage and erosion control plan shall be submitted and approved by the County Engineer prior to building permit submission. I5. Lighting shall comply with the Pitkin County lighting standards at the time of building permit issuance. l 6. The existing "historic" structure is located within 50 foot front yard setback. Development of 30 inches above or below grade within the required setback requires approval of a variance by the Board of Adjustments. l 7. Grazing of cattle on the property shall be prohibited. 18. Floor area shall be limited to 5,750 square feet exempt from browth management or use of TDRs. Upon designation of the existing structure as an historic dwelling, the property shall be eligible for Growth Management Jncentive for Preservation of Historic Structures pursuant to Code Section 9-] 1U-043 (A). 000023 Administrative Determination No. lQ -2003 Page 4 19. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 20. Statutory vested rights for the approval contained herein are granted pursuant to tl~e Pitkill County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights sranted herein shall expire on Apri123, 2006. ~ y 48238f~ . 00 05906 D 0 00 2 :12P SILVIR DPVIS PI7KIN COUNTY CO R 0 aoou2~ Administrative Determination No.L-2003 Page 5 APPROVED ON THE :L~,~~AY OF APRIL 2003. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON UVt6cc,~ (a , ZG~.~ ~ - "~r~~C ~~~~~~.~~ Cind}~-i~ouben, - Conunurlity Development Director Case #P031-03 PID# 264315200399 482386 05906 2003 02:12P SILVIR DAMS PITKIN COUNTY CO R 0.00 D 0.00 -~ 00005 t . ~lfi1D~ REP~1R ~ . ~ ~ L.S. ~g~ . -. 482386 ~_ 1_n ~ 05906 2 0 00 2 ~ 12P ~ '~ SILVIR DRVIS PITKIN COUNTY CO R 0.00 ~ O ~ • e ' i ~ •~ }~ ~J~ LEGAL DE5C~1 PT1oN A TR~!GT C~ LAND 5!7-VAT~i IN i0T5 3 # ~¢ OF' SECTION 15 AND LOT I OF SECTION IG, ALL IN T. 9 S., R. 85 YV. OF THE CcTI-l P M., PITI:1 N C.GtJNTY, C2~L0>'A1~, >~E ~JLLY GESCRI PEED RS F~LLoWS ~EGINNItJG AT A FC'~lNT GN THE WESTERLY LINE C~' SECTION !~, w!-IENCE THE N.w a~~NE~ c~ SID SECTION i~ (A PIPE E5TAl3Ll~D BY L .5. 3317) E3EA~5 N tn°41 ' X~" v1/ 2.lot • 12 t= f :; THEN/E ALONG THE ~tJT~---E~LY R L~. W LINE OF T}~E L`~T1AQD TOLL s;G~D AS FoLLO~vS ~ N 85°33`4" E 57.03 Fi:, 5 78° -~'Q'~" E 285. -3 FT, 5 78 °g0'Ci7" E ~(C8.49 FT:, 577° I`I' 2D" E 2145. x rT. T4 THE WESTERLY &~~NDf~RY OF THE 1~tF50N 5U6DIV1510N; THENCE ALONG THE SOUTH WESTERLY EOl.1NDAPY OF THE vW L~.,C~N 5UBt71 V 15 i0I~1 A5 f'OLlOWS ° 522 ° 58' C2~" 1N 83 • `IO FT., 5 Co~j° 5®'UD" E 120. GYM F~", 5 ?,~° 3~j'Q7„ ~ lio8 10 FT. , 5 52 ° 3~'Gb" E 1~5.G2D FT., S 2~°-48'GU" E 2-00.C.1D ~T., 5 2~'53'Q'~" E iq~j. X~ FT.; THEI~'E 5 I~°27'CX~"YV 127.10 FT. T~ THE CENTERLINE CF WGZ;D'( CREi=K AT THE H FADC~TI= GF THE WACO DITCH ; THENCE AIOt~Ic" THE NORTHERLY E~1Nt~,f~ OF THAT P~:GEL CF LAND DE~RI QED 1N ~K 2t7 AT P,~E 443 A5 FOLLOWS ~ 5 Coo°~IS' ~" W Cot3.18 FT., N 55°~7'G~" K/ 75.70 Fi'., N~~yy~°34'C•'O" YV pCcS4.o~2y-~t=[~:,(,~ N~~yG~S.°gI~4'~Q•7" 1rV~~13a3•C~ FT., N 74°43'C~" Y1/ l1N• aJ i~ 1 •, I~ 2 1 ~~'W" -Y /LLJ. -J ~ 1. , 5 VGJ° 52' ~" ~ I~• ~ I~ . TO THE WESTERLY Ll NE OF ~VD 5ECT10N l5 ~ TNE1~E N 85°!3'Cn".W 34.710 FT. ~ THE WESTERLY LINE OF ~11D LC3T l OF SECTION (Co; THEME N Gt7°!3'~O" W Cr01.0.2 Fl: ALONG THE WESTERLY LINE GF ~11D LOT I iZ~ THE ~.li~--IERLY ~•O.W. LINE OF Tf-~E LfNAGO TbLL ~Af>' ; . TAI EN/E N 85 ° 33' CX~" E 29.77 FT. 7th THE R,Y M OF AEG IN>J ING, Ct~ITA I N I NG 23 . ~ AGR~S tr1pRE CR LEA (D(CEPf ANY PbF.'T10N GF THE A~O/E DE5GR161=D Pi~PERTY YVHIGH MiC~-fiI' P~ IN WOL~.aON ~~D1Y1510N A,N(7 ANY R~'i'!pN IN c-av'E~NME~rT LnT 3, ~cT>ot~ 15, T• 9 5., ~. a5 w.) 0 0 o u 2 s ! 111111 i1i11 !11111 Iflll 1111111111111111 III 11111 Ill! 1111 A37717 11/12/1989 02:37P ADMIN DE DAYIS SILVI 2 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO NOTICE' According to Cobrado law you must command any 1°ga1 cation tastd ~Ct~1D~ REP.aAR ? .. . L..S. ~8~ rte, ~lr InI~IINIIIIIA@~Illlldlnll~ll~ll~l~bll °;=~:efi, ~ 4~~ ~~ nm LEGAL DESCRIPION` .3~ ..~ A TRf'GT C~ LAND 5tT'UATE7i IN LOTS 3 ~ •$ GF 5C-GTION l~j AND CDT I OF SECTION 1~, ALL IN T. 9 S., ~. B~ YV. GF THE STN P. M., PITI:1 N COUNTY, C~LDi.AC,~, t~E 1='ULLY DE5GR1 QED ~5 I~LLoWS 1/EGINNING AT A)~11NT GN THE WESTERLY LINE C1= SECTION i~, WHENCE THE tJ.W. Q~NE~ CF SID SECTION !~ (A ~tPE E5TA8Ll~D 8Y L .5. 3317) PEARS N CX~°41' ~?" W ?lcl • 12 FI:; TE-lE1~E ALONG THE ~(.Jf}-{~~LY R .Q. W Ll NE OF T}-?E LEN,gC~ TOL1 RCIAD ~l5 FOLLOWS ~ N 85° 33' Q?' E 57.03 FZ:, 5 78° ~~'C~"c 285. i3 FT, 5 78 °40'Q'~" E 4C8.-4`I 1=T., 577° 19' 20" E 2~5. ~ r t: TO THE WESt'ERLY E~I~JDARY OF THE 1~LF50N SlJf3DiVl51ON; THENGE ALf~NG THE ~'3UTHWESi~LY ~Nt7A~( OF THE wOL.~N Su~DlvlSlol~ A5 f~ClowS ~ s 22~~'cn" vV 83-~0 ~-. 5 ~3° ~ ~~„ E 120. CX) FT., g ~g ° 35'CX~u 1= 1~8. iQ FZ: , 5 52 ° 3~ ~~„ E bS.C.i~ Ff., 5 29°48'Ci7" E 2-40.GY~ PT., 5 ~' 53 ~~„ E lRsj. ~ F? THEME 5 I(o°27'G~"1N 127.1Co FT. T{7 THE GEMI=P~L1N1= C~ ~ 1NGZ.~1Y GREEK AT THE H EADC-~T~ C.F ~-I~ 1NAC0 DITC!-1; • THENCE ALL7NG THE N~RT'HER LY E~INt~'~Y C7F THAT PARGFL OF LAND DEAR 16E D 1 N ~K 217 AT PA,~ 443 A5 FOL101N5 ~ 5 Ca4°~8' Gb" Y1/ G8. (8 FZ :, N 55 °~17'CL7" VI/ 73.70 FT. N b8° 34' G2~" YV Ca54. 02 FG , N ~3 ° {4' Gib " YV 133.4J F f., N 74°~j'GU" Y1/ 2GY~• ~ FT , N 29 °p3'GL7" 1rV ~. `i0 FT. , 588° 52' ~„ Yy IG~ • ~ FT. YJ THE WE5TEI;L.Y L1 N E GF ~1 D 5E-GT10N 15 ; THE1~E N 85° 13'c~" .1N 34.7f~ FT. TO THE WESTERLY LINE CF ~!D LQr i pF' S~TION I~; THEME N Gt~° I3' 30" W ~Ol . 02 FT. ALOt~, T~-{E y~/EST~LY LINE GF ~11D LDT I Ta THE ~HERLY R.O.W. SINE OF Tt-~E L J~1AGt~ k~LL PDAi~: TH Et~E N 85 ° 33 ~ CI7" E 2q •T7 FT. Tt~ THE 1~ M GF ~G INiJ ING, C~1TA I N I NG 23 . ~ DES }•}O~ ~ i.,,E~yJ, CD(CEPi' ANY R~F'TioN GF THE APX7/E DESCKlI~D PI~P~RTY YVHIGH c~l~l-~C PEE iN WOL1=~..,ON 5Ul3DIY1510N AND ANY ft~~ptJ IN c~xl`ERNMENT U>T 3, SEGTIC7tJ 15, T. 9 5., ~. e5 w.) ooou~? 111111111111 Illlll Illll 1111111111111111 !II 11111 IIII II11 437717 11/12/1889 82:37P ADl1IN DE DAVIS SILVI 2 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO -Y1T11'F• •~.w..U.... .n f w1.v.M L.r w. rww~ nn.nrw~n~.. ..w 1~..~~ ~~..~_ .___~ ':;~ i~'~ ~~~ ~1ii ~~ii a ,,:. tU O~ 13~~ 3 ~•~€ ~~I ~~ ~~~ ~~ ~~ c~ ,- SY ~~ ~i~ ~_8~ s~°c~ 8-°~~ S _S ~`~ ~~~'' ~~ ~. ~~ ~z~ -~~ ;~ > ~ ~v ~ ?~ q r~ ...~ ~ ~ ~ ~ :~ {: ~~ i .~ ~~ z~ ~" ~~ ~ ~ ~ ~~V~ ~~a~ ~~~~~z~~~ ~~ ~ ~~ ~~~~~~~z~~W~~~~ N~ ~~' rn-c ~ ~ ~~~~~ "'t~~d ~d8~ ~~ . ~ ;~ ~~ .. >~ "~ O -w ~~ N J s- ~- iy~ a s' ~ °A' 0 n _~ D z ~ ~ o -~ _ ~~~ ~ ~ 8 ~ ~~ `~~ $ a ~~ ~ ~ ~~ ~ ~/rn ~ . _. _..._ j0 ~.t Z $ T*~ ~~ " .:~~ „~~ `,r $ g~ rn ~~~ ~~ a 7tt ~ ~? ~s~~~ ~ ~~~~.. `~. ~ ~~~, '~ r,. -,~.~ ~~ ~`~ ~~~:~~ ro, a n~ W ~,1• 9'3O' W i01. ~ ~ 1~7~0 of eu~¢~nK) ~5~ 33 _.1~....,_.__.__._..._ . ___ __ ._ _ .. _ twu•arr fYl.'b• ._~V ,. i x~' 3 ~' .R ~ •Y :. u 8 8~ N "' ~ ~ m ~ ~N g B rn ,~ ~ ~ ,~ ~ ~ ~ 4~ is ~ ~ $ c` 4~ •G W 9r 4 :~ ~~ ~~ 6. v s ~~ { o ~~~ eo I t ~,.,~~ D VIRII!1!'D~ ~z ~~ ~~ ~~ ~;~ ~~n~~~~~~~~~~~~~~'~~~m ~~N~~~~~~~~~~~~tl 1 ~ ~ ~ ~ Y_ ~- ~ ~ r- C ~ C K ,. ~~ ~A w• ~ v, ~r~ 0 ~~ As $~ N^Za Cs ~ A. (j~ 8 "' 3 • .. ti O _ ~~~ ~ ~~~ o a A ~~~ ~g~~~ A `' ~ ~: ~ ~ ~S~ z A N ~~ g ~ ~ 6 ~ ~O ^~.~ ~ a`Q .~ pro` C~ 3 T G ~°~ ~ s.~~ ~ rn~ ~~~ s~ ~ ~~.~~ • \~z .~ Z~ ~~ ~ ti ~•~ - ~D A. ,~ i ~^ ~~ D~rn c.1. ~'~~ -~ ~~~ r ti.+ R ~~ ~~ T D A _. _ b G A 1 ~; y~ ~, ,~ ~~ '-vr~ ~~~ V ~ ~. ^i ~N~ ~ A tV ~ r ~ 8 ~ -° . rn ~ ~ ~~~ ~ ~ _ ~ O ~~ ~~ `~G:1 ION i`3 .-~ a!~ T[ ' ~~ Z ~° M ~~ ~~ ~ ~~~ .~ . ~~~ ~~ ' ~I f ~~ ~'~ :; -~ War' ~: ~` 6~ ~ 9,7 ~ ~' ~ f~, .~..~ --:.:~' ~A~~ ~~v m-~ ~Z a ~~~~~~ ~z~~~~ ~Z~ ~~~~ ~~~T. ~~<~~rr ~rnJ~~ ~' -- _~~~ ~a ~z~ ~ ~~ $ Dz m ~o~~ ~~a~~D ~~ ~~~~~ ~ ~, ~ ~~~ ~1~ ~ ~~ ,~ ~ z ~~~ ,~r, ~ ,~ x ~ o ;~ ~~ ~ ~~~ ~ 11~ ~ ~~ !-.. ~ ... rn~~ ~~ ~_ ~~ 0 z . Q ..~ -- r ~~Z ~ ~ t,~. SZ. G s~~o ~ ~ 4~a~ ~~ F~~_ J ~~ ~ D ~ Z ~ D ~ N ~ I N '"~ rn rn • , a O J rn -~ ,-- D Z .. °"""~' Andrew Antipas .• Ecological & Environmental Consulting, LLC 6/15/99 Dwight Shellman PO Box 2710 Aspen, CO 81612 Reference: Spaghetti Ranch Wetland Delineation Woody Creek Road Dear Mr. Shellman, ~.. ' v.~ .~ •~ ' °n •,•. Y ~° , 'r ATT14CWr1E~ii'__~ On Apri124, 1999 I completed a wetland investigation on a 23.5 acre parcel identified as the Spaghetti Ranch, which is located at Sections 9, 10, 15 + 16, Township 9 South. Range 85 West of the 6th P.M., Woody Creek, Pitkin Co. Colorado. I identified and delineated a large wetland meadow adjacent to a well developed riparian community associated with Woody Creek. The following letter briefly outlines the wetlands methodology, study findings, wetland functions and values, and stewardship recommendations. Methodology The routine criteria as described in the Army Corps of Engineers 1987 Delineation Manual (Environmental Laboratory, 1987) was utilized. The 198? manual utilizes the three parameters of vegetation, soils, and hydrology to identify and delineate wetlands, and requires that these parameters be determined during the growing season. Weber's Colorado Flora of the Western Slope (1987) was the primary taxonomic reference, and plant species nomenclature and wetland indicator status follow Reed (1988) for the intermountain region (Region 8). Dominant plants species at each sample location were determined by visual estimation within a 30 foot radius plot. All soil characteristics reported here reflect field determined conditions in the B horizon or the greatest depth above an impermeable layer. The Soil Survey ofAspen-Gypsum Area (1992) and the regional hydric soil list were also utilized during the investigation. Results 18.3 acres of jurisdictional wetlands (palustrine emergent) and riparian vegetation (paIustrint scrub/shrub) were identified and delineated on the subject property. A wetland boundary map is attached to this report. There is a well defined topographic break which loosely defined the wetland boundary. • Wetland herbaceous species including a variety of grasses, sedges, and rushes dominate the ~ meadow. While several willow species, alder, and cottonwood dominate the riparian community. Soil testing revealed low chromes soils, which serve as an indicator of a high seasonal water table. Finally, much of the meadow and streambanks were saturated or inundated with water. Therefore, all three jurisdictional parameters were observed during the field investigation. Late April in Woody Creek is early in the growing season and most of the trees and shrubs had not leafed out. In addition, the herbaceous vegetation had not matured making species identification difficult. However, there was sufficient soil and hydrologic evidence to make an accurate boundary determination. A wetland data sheet is attached to this letter which identifies the wetland parameters identified ~on site. 29 orange survey flags marked "wetland delineation" were used to mark the wetland boundary. OOOOG~ 0285 Crystal Circle. Carbondale, CO 81623 970-963-8297 aantipas u•sopris.net Wetland )unctions aad Values It is my understanding that the wetland and riparian areas will be protected by a conservation easement. I am very excited to have the opportunity to discuss wetland functions, values, and stewardship. That is something that does not happen very often in the consulting business! Water continually circulates in our environment. Water evaporates from the oceans, lakes, streams, and soils to become part of the vapor of the atmosphere. Here it condenses to form clouds. Rain, snow, and other forms of precipitation, return the water to the earth's surface. Water that reaches the ground may collect in natural basins where it is stored. It also flows over the terrain, finding its way to creeks and streams, or it infiltrates the soil and joins the groundwater reserve. Groundwater can discharge to produce seeps and springs that feed our wetlands. Regardless of its origin, water that collects on a site frequently, or remains there long enough, may create wetlands. Many plant and animal species are entirely dependent upon wetlands for survival. Animals spawn, nest, breed, rest, and raise their young in wetlands. Plants find suitable conditions to germinate, grow, and flower there. Large animals associated with wetlands include muskrat, otter, and beaver. As pressure for land development reduces upland habitat, deer and bear spend greater time in wetland areas. A real concern in our valley. The waters of wetlands are teaming with many microscopic organisms. Insects abound, including damselflies, dragonflies, water striders, and boatman. Invertebrates such as freshwater clams and crayfish live there too. These creatures form the basis of the food pyramid for many fishes, reptiles, and amphibians, birds and mammals that flourish in wetland habitats. Wet environments, together with large amounts of nutrients often result in an abundance of vegetation. This mass of plant material traps the sun's energy and is a driving force in the wetland. Due to their great productivity, wetlands are rich with species, also known as biodiversity. Wetlands also function to improve water quality and control flooding by acting as a sponge. Wetland Stewardship The proposed conservation easement will protect the two wetland types identified on the subject property. Riparian communities maintain water quality and provide valuable habitat for all of our wildlife. The trees and shrubs shade the stream keeping the water cold for native trout populations. The vegetation also Slters storm runoff removing nutrients and sediment which maintains water quality and clarity. The shrubs and trees provide valuable nesting habitat and shelter for many migratory song birds. The second wetland type is the wetland meadow which is dominated by grass like plants. The wetland meadow is important habitat for a wide variety of invertebrates and insects which are important to sustaining the resident small mammal population and migratory bird population. As mentioned previously, the biological pyramid starts at the microbe level and that's what we will find in the wet meadow. Plus, because the meadow is adjacent to the creek, it helps to moderate flood flows during storm events or during the peaks of spring runoff. It is my understanding that this parcel of land has been utilized for grazing livestock for many years. On the upland portions of the site grazing is an excellent use. The western slope of Colorado is a semi-arid environment which is well suited to ranching. However, wetlands are easily damaged. Cattle, feeding in wetland areas. can cause significant damage to wetland soils and streambanks. Compaction of soils in wetland meadows provide -~oooo~o i ,~ ~ 1 opportunities for none native plant species to colonize these areas. In addition. the wetland meadow can not act as a biological filter when the "mat" of herbaceous vegetation is eliminated by over grazing and compaction by cattle hooves. This can change the whole structure of the ecosystem forcing out native plants and eventually wildlife. The wetland areas were in good to excellent condition during my site visit. I do not believe any rehabilitation is needed or is necessary. By implementing the following the wetlands will sustain themselves well into the future: Maintain the continues shrub and tree community along Woody Creek. Even though human passage through this wall of vegetation is difficult, wildlife move through it with ease. • The wetland boundary should be marked with signage in order to identify the resource and discourage mowing or disturbance during low water when the site may be crossable by machinery. • Grazing of cattle should be discontinued 'in order to maintain the integrity of the wetland. meadow and riparian community. A single wire electric fence should be adequate to discourage Hve stock from feeding. In addition, by preventing live stock from entering the wetlands we will be reducing the amount of nutrients (via manure) which eventually enter the creek and Roaring Fork watershed. This will help protect water quality and our native fishery. It has been a pleasure to work on this project, and knowing that the wetlands will protected for future generations is very rewarding. If you have any questions or require additional information, please do not hesitate to call. Thank you for allowing me to provide ecological consulting services for this project. Very truly yours. ~ ~~~ 4 Andrew Antipas ~~ cc:. Gler~Horn 0.00031 09/282@@5 110: ~7 t~cu-r rs..iai~. rm~v-nxr~~ ~ ~ 717 f l'.17GJJ1W ____ _....,... .~rvJL:JrO~~i RACZAK INC PAGE 02 AACH~MENT '~ PITICIN CAUNTY COMMUNITY DEVEIt,OPMENT DEPARTMENT AGREEMENT FOR PAYMENT O)F ~..ANi3 USE APPLICATION FEES n,, ~ ~~~•~ i>tTKjl~i COtJ?~TY (hcrcinaftcr Ct)IJNTY) and ~~ . ~[~( ba~~r~ ~U~~Q ~~~'O'i`t', (hereinafter APPLICANT} AC.,REE AS FOLLOWS: •-' Tr'US 1. Al;l'LICAi~T has submitted to COUNTY an applicaiion for ~~,l1'1I(lI ~r'7a~~U~ iQ~ ~..{~ U iA ~•t) (hereinafter, THE PR03ECT~. 2. ~ APPLICANT undeTStands and aQrrees that Pitkin County Ordinance No. Oi 1-2fl05 establishes a fee structure for land use applications and the payment of afT processing fees is a condition precedent to a determination of application c;ompietentss. The fee structure is based on the County's policy that development shalt pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, naive oz scope of the proposed project. it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. ~. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPL3CAI+TT further agree that it is impracticable for COU?~iTY staffto complete processing or present sufficient infnrn'iation to the Planning Commission andlor $oard of County Commissioners to enable the Planning Commission aAd/or Board~of Coutaty Commissioners to make legally rccluired findings far project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in coasideratiob of the COUNTY°s waiver of its right to collect full fees prior to a determination of application eompletcness, APPLICANT' shah pay a base fee in the amount of ~ 2 D which is based on _ hours of staff time, and if actual time spent by staffto process the application exceeds the average number of hours by more than 20'/0, then the COUNTY will bill the Al'PLICA:VT quarterly for the additional time spent. Such periodic payments shall be made within ;0 days of the billing date. APPLICAN'T' further. agrees that failure to pay such accrued costs shall be grounds for St1Spe11Sion Of pTOCeSS12'~g. PITK1(N COUNTY Cindy Houben Commanity Development Director Effective 5!?5i05 G:cuunty;~dm+nNotmsW~ecntenl iq pity APPLICANT ~. 'T'hQ. ~QUf ©at~. ! rv5~' Print Name ~ Signature- 1 f ns~: g - z'7- d Mailing Address: ooou32 r""'~ PITxIN COUNTY PRE-APPLICAx10N CONFERENCE SUMMARY HTTA~pd~NT ~ PROJECT: Red Oak Trust 1041 Hazard Review LOCATION: Woody Creek Road PID#264315200399 OWNER: Red Oak Trust REPRESENTATIVE: Davis Horn DATE: September 28, 2005 PLANNER: Suzanne Wolff, 920-5093 Type of Application: 1041 Hazard Review Description of Project/Development: Applicant proposes to re-do the approval for the parcel that was ganted by the Community Development Director, pursuant to Administrative Decision No. 19-2003 (aka Spaghetti Ranch). The vested rights expire on Apri123, 2006. Land Use Code Sections to address in letter of request/application: ^ 3-80, 1041 Hazard Review: low wildfire, slopes of less than 30%, wetlands, historic resources Review by: Community Development Director Public Hearing? NO. Staff will refer to: Woody Creek Caucus FEES: $896 (make check payable to "Pitkin County Treasurer") - $896 Planning flat fee (non-refundable; based on 4 hours of staff time; if staff review time exceeds 4.8 hours, the Applicant will be charged for additional time in excess of 4 hours at a rate of $224/hour) To apply, submit 2 copies of the following information, unless noted otherwise: 1. Letter of request, summarizing prior approvals and addressing Code Sections listed above; 2. 24" x 36" Site Plan that complies with the provisions of Section 5-70-040 3. Prior approvals 4. Parcel description, including legal description and vicinity map 5. Application fee; 6. Proof of ownership; 7. Consent from owner to process application and authorizing the representative (1 copy) 8. Copy of this pre-app form (1 copy) 9. Ageement for Payment form (1 copy). NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPYOF YOUR COMPLETEAPPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDS SHOULD BE INCL UDED ONALL DOC UMENTS INCL UDED IN YO UR APPLICATION. - ALL MAPS SHALL BE FOLDED. - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. OOOQ3~ Parcel Detail http:J/www.pitkinassessor.org/assessor/parcel. asp?Parce. ATTACHMENT__~~.__ Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search ~ Assessor Subset Query_ ~ Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics ~ Tax Information Parcel Detail ~ Value Detail ~ Sales Detail ~ Residential/Commercial Improvement Detail Land Detail ~ Photographs __. _.__ ..._ I __ .. ___.___,__.__ ._ . __. _ ~ _ . __ ._ , Tax Account 'parcel Number ~ Mill Area ~ Number ~ ~ Levy ~ 007 R003159 ~ 264315200399 ~ 24.721 Owner Name and Address AZOFF IRVING TRUSTEE ~C/O BOULEVARD MGMT __-__ !.21650 OXNARD ST STE 1925 WOODLAND HILLS, CA 91367 Legal Description f~ SUB:M/B WOODY CREEK SECT,TWN,RNG:16-9-85 DESC: A TRACT ~OF LAND SITUATED IN LOTS 3 & 4 OF ,. SEC 15 LOT 1 OF SEC 16-9-85 W OF ooov34 1 of 5 9/27/2005 3:53 1 Parcel Detail ~ http://www.pitkinassessor.org/assessor/parcel.asp?Parce 'THE 6TH P/M PITKIN COUNTY COLORADO ~ _ _ _ __ _ _ BEING FULLY DESC BY MB SEE DEED OF ;RECORD IN BK 417 PG 783 PITKIN ..... _ COUNTY RECORDS SEE BK 419 PG 235. SEE ALSO BK 418 PGS 899 901 & 402 PITKIN COUNTY RECORDS Location Property Tax Valuation Information ~ Sale Date: !, 6/23/1994 Sale Price• ;1,100,000 ..._....,..._....__......_....._...__........__ ........................__.........._.4 Basic Building Characteristics _.___ _ _ Number of Residential 1 2 of 5 O 0~ U~~ 9/27/2005 3:53 Parcel Detail http://www.pitkinassessor.org/assessor/parcel. asp?Parce~ Buildings: Number of Comm/Ind 0 ~ Buildings: Residential Building Occurrence 1 Characteristics Actual Year Built: 'i 1910 Effective Year Built: j 1956 ~ Bedrooms: ! 1 Baths: ;1 Quality of Construction: SAVER T 11 Exterior Wall:', WD SID AVE Tax Information Tax Yeari 1997 Transaction Type Tax Amount Amount ~ $915.48 3 of S ~ a ~ Q 3 S .. 9/27/2005 3 :53 P1 09i28~2~5 10:25 AZOFF MNJSIC M~JAG~J'tENT ~ 919709255180 `09!27/2005 15:51 9709654 RACZAK INC TIC RED oAK TRUST Irving A,zo#I', Trustee ! 1100 Glendon Avenue Suite 2000 Las Angeles, CA. 90024 NU.p563 t~3 QfNG HJ ATTACHMENT I ~ Suzanne Wolff AICP Aspen Pitkin County Community Develapmcirt 134 South Galena Street Aspen, CO. $lbl 1 RE: Authorization to Submit a Land Use Application for the Red Oak Trust Property (Parcel 1~# 254315200399) Dear Suzanne; As the signator. for the Rcd Oak Trust, owner of the property referenced above located an Woody Creek Road, I authori2e Davis Hvm Inc. to submit a land use application on behalf of the Trust. Davis Ham is also authorized to reprevent the Red Oak Trust in the land use revieu- process. Should you have any questions, please call Davis Horn at 925-6587. Thank you. Sincerely, i~ ~rvlmg Azof'!` Tlae Red Oak ~~~U3 % ~~^*. PUBLIC NOTICE v NOTICE IS HEREBY GIVEN to the general public that on January 20, 2006, the Pitkin County Community Development Director granted approval for the DJ LLC 1041 Hazard Review; Case P214-O5. The property is located at 722 Woody Creek Road and is legally described as a Tract of land situated in Lots 3 & 4 of Section 15, Township 9 South, Range 85 West and Lot 1 of Section 16, Township 9 South, Range 85 West of the 6th Principal Meridian,-Pitkin County, Colorado. The State Parcel Identification Number for the property is 2643-452-00-399. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Asben Times Weeklv. on February 12, 2006. PUBLIC NOTICE RE: Red Oak Trust 1041 Hazard Review (Case P214-OS) ~._ NOTICE IS HEREBY GIVEN that an application has been submitted by Red Oak Trust (21650 Oxnard Street Suite #1925, Woodland Hills, CA 91367) fora 1041 Hazard Review and to request vesting. The property is located at 722 Woody Creek Road and is legally described as Tract of land situated in Lots 3 & 4 of Section 15, Township 9, Range 85, and Lot 1 of Section 16, Township 9, Range 85. The State Parcel Identification Number for the property is 2643-152-00-399. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. Published in The Aspen Times Weekly on October 30, 2005. Attention Adiacent ProAerty Owners A property owner receiving this public notice shall have 30 days from the date the notice was postmarked to object to the approval. Any objections shall be made by sending a letter by certified mail (post-marked no later than 15 days from the date the notice was postmarked) to the Pitkin County Community Development Director, 130 South Galena Street, Aspen, Colorado 81611. Any objections to the development application will result in a Hearing Officer public hearing. PITKIN COUIV ~ Y COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 October 5, 2005 Glen Horn 215 South Monarch Street, Suite # 104 Aspen, CO 81611 Re: Red Oak Trust 1041 Hazard Review (PID 2643-152-00-399; Case P214-OS) Dear Mr. Horn: 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. The Community Development Department of Pitkin County shall provide notice in the newspaper of the application within 30 days after receipt. In addition, if vesting is desired, the Applicant shall mail a copy of the notice (by certified mail) to all adjacent property owners. The Applicant shall obtain the names and addresses of the adjacent property owners from the latest records of the Pitkin County Assessor. A property owner receiving the public notice shall have 30 days from the date the notice was postmarked to object to the approval. Any objections shall be made by sending a letter by certified mail (post-marked no later than 15 days from the date the notice was postmarked) to the Pitkin County Community Development Director, 130 South Galena Street, Aspen, Colorado 81611. Any objections to the development application will result in a Hearing Officer public hearing. Please submit the enclosed Affidavit of Notice by Mailing as proof of compliance with the Code. This must be submitted prior to any approvals being granted. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Bonnie Waechtler Administrative Assistant Enclosures: Affidavit Code Section 3-80-050(C)2.d PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Woody Creek Caucus FROM: Suzanne Wolff, Community Development Department Re: Red Oak Trust 1041 Hazard Review (PID 2643-152-00-399, Case P214-05) DATE: October 5, 2005 Attached for your review and comments are materials for an application submitted by Red Oak Trust. The Pitkin County Community Development Director will review the application. Please return your comments to me by October 21, 2005. 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, CO 81656 11 October 2005 Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 Attn: Suzanne Wolff Re: Red Oak Trust 1041 Hazard Review (PID 2643-152-00-399, Case P214-05) Dear Suzanne, The Woody Creek Caucus supports the application submitted by the Red Oak Trust, as it seems to comply with existing regulations. However, the Caucus is concerned about how this strategy might be used in the future to increase density in Woody Creek and the County. Specifically we would like to know: 1. Is there a Pitkin County Historical Society or board? If so, who decides on historic designations? 2. What are the rules that a historic designation must comply with? Is there any age qualification for historic buildings? 3. What specific benefits accrue to an owner of a historic building? 4. In the absence of a Historical Society, who in the County is authorized to make or accept historic designations? We would appreciate being enlightened as to these questions and any other aspects of historic designation in the County. Sinc I ~' ~ ~~~G'f . ilip M~` olstein, Jr. Woody Creek Caucus Planning Committee ~„""+*` P1tklIl COllllt~ - Community D~~~la_ m n D p r m n December 27, 2005 - ' Phil Holstein _- Woody Creels Caucus District Planning Commission P.O. Box 297 ' Woody Creels CO 81656 ~ ' Re: Red Oak Trust 1041 Hazard Review - Dear Phil: In your referral letter October 1 1, 2005, you asked a number of questions with regard to the County's process and regulations with regard to historic d.esigiiation. I have responded below to your specific questions: - 1. Is there a Pitkin County Historical Society or board? If so, who decides on~ historic designations? The Cotulty does not have a historical society or board, other than iii Redstone, where the Board of County Commissioners appoints members to the Redstone Historic Preservation Commission to review , development within aild adjacent to Redstone. Suzannali Reid serves as the County's Historic Preservation Officer, aid provides recoinmendatioiis to fire Coi'ut~% regarding historic resouurces and designations. Designation of an individual historic resource to the bounty's Historic Inventory occurs - through 'a public hearing process, usually as part of a development application. _ , 2. What are the rules that a historic designation must comply with? Is there any age qualification for historic buildings? The Land Use Code regulates historic structures and resources through the 1041 provisions (Section 3-80- 060). I have attached acopy. - Mrs. Reid utilizes the following criteria to deteri~nine the significance of historic properties (individual - building, site, structure or object or a collection of buildings, sites, strictures or-objects) and their eligibility for inclusion on the Pitkin County Historic Inventory: , . 1. A property as deemed significant for its antiquity, in that it is: ~ . . ~~ - More than 100 years old.; and _ - ~ - It possesses an appropriate degree of integrity of location, setting, design, ir~,aterials, ~'' workmanship and association, given its age; OR - `~~ 2. A property, whatever its age, that possesses sufficient integrity of location; setting, design, materials, workmanship, and association, and is related to one or more of the following: ~~<~ - Ail event, pattenl or trend that has made a significant contribution to local, state, regional, nt ~" "national history; - ,~ s; ~~ .~~ ~ People whose specific contribution to local, state, regional or national history is deemed. ~ '' ~iinportant and has been identified aiid documented; - y :,; x - ~ r°' ~ V +'~m t <W t~` R ~ Y 130 5. Galena Street Aspen, Colorado 5161 I - . _ _- .-_. , . ~ ' ~ ~ „ '^d (970) 920-5526 fax 920-5439 www.aspenpitkin.com '' ~' k ,~- C ' ~~~ yasn . p ...w ~,.Mrnn.nnxnubi.,u,yyy~ r 1 Y A physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important. 3. What specific benefits accrue to an owner of a historic building? The primaiy benefit available to the owner of an historic building or site is the potential to obtain one additional single family residence exempt fi-oin growth management up to 3,750 square feet, subject to special review. The exemption is available to alh lots/parcels, even if they do riot meet the minimum lot area per dwelling unit requirements of the underlying zone district (i.e. in the RS-20 zone district, there - could,be two dwelling units on a 20 acre parcel, IF one of the units is in an historic structure), If approved, the square footage of the historic structure(s) does not coulrt against the 5,750 square foot exemption. This exemption. is not available to properties with existing, non-historic single family - ~ dwelling units. 4. _ In the abseTZCe of a Historical Society,: who in the County is authorized to make or accept historic designations? ' The Board of County Commissioners acid the Hearing Officer have the authority to designate historic resources to the County's Inventory, and do so upon recommendation by the County's Historic Preservation Officer-. When ail historic resource is designated to the Inventory, the Applicant is required to record a covenant on the property agreeing to maintain or expand the historic stnicture(s) in accordance with the TJ.S. Secr-eta~y Gf thie iiiteiior'S Stai7dardS fOi• Treatrnerlt of HISiGriC PI'OpertieS, aS interpreted by the Historic Preservation Officer. Please be aware that changes to the historic .preservation program are proposed as part of the Land Use Code rewrite. These changes will be available to the public for review in early January on the County's website (www.asnen_bitkin,com.)..What I have described above is based, on the Code and process in effect at this tune. I hope this answers your questions. If this generates more questions, feel free to contact me by email at suzan.newnco.gitkin.co.us. or at 920-5093. Sincerely, ~_ ~, . G ~~~~~ - Suzanne.Wolff Senior Planner f Suzanne Wolff From: Glenn Horn [ghorn@rof.netJ Sent: Friday, March 23, 2007 10:21 AM To: Suzanne Wolff Subject: DJ LLC 1041 Hazard Review Suzanne: The DJ LLC 1041 Hazard Review is the little house located across Woody Creek Road from Henley's red farm house. DJ LLC bought the property from Henley. DJ LLC are Lee Kiting and Tom Bowers, the owners of Performance Ski Shop. They are going to designate the house and build a new house. I was looking over Administrative Decision N0. 10-2005 and notice a small, but significant mistake. The approval was granted on 1/20/06, but Vested Property Rights expire on 1/20/08. the Vested Property Right should expire on 1/20/09. Could you do a correction Administrative Decision and get this re-recorded? Please let me know. Thanks. Glenn. ~- sl`...o-~s~.- ~ zoo ~ - C,a~.~..L~- r~6~ -'~-~' ~--~-c-e-~~ ~-~-~, ~ ~ ? ~-- cc-~-'~e- --~ ~, ~, ~ ~ ~, a ~er~ ~ ~v.~. i PITKIN COUNTY TREASURER .;EIPT M0507256 DATE RECEIVED: 10/14/2005 RECEIVED BY: TW TRANSACTION: 20051014091623 PAYOR: DON HENLEY STOP PMT CK REFERENCE: CHECK 8275 AMOUNT -896.00 TOTAL RECEIVED -896.00 BI174 FLAT FEE 002.02.00000.63342 (C) FLAT FEE Submitted by Received by -896.00 TOTAL DISTRIBUTION -896.00 ~~ --- -- - _ ., r o A ~~ u, -! Davis Horn~- PLANNING & REAL ESTATE CONSULTING October 25, 2005 Suzanne Wolff AICP Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Red Oak Trust Mailing Dear Suzanne: Enclosed with this letter are the receipts and affidavit from the Red Oak Trust public notice. The mailing was done on October 24, 2005. I hope your trip is going well. See you when you return. Thank you. Sincerely, DAVIS HORN INCORPORATED GLENN HORN AI P ALICE DAVIS, AICP S GLENN HORN, AICP 215 SOUTH MONARCH ST. SUITE 104 ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 ~"°"*, , County of Pitkin } AFFIDAVIT OF MAILING } ss. PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 3-SO-O50(C)2.d I, ~Fls~1 ~ ~~ ~ ~ ,being or representing an Applicant to the Pitkin County Community Development Department, personally certify that I have complied with the Administrative 1041 Review public notice requirements pursuant to Section 3-80-050(C)2.d of the Pitkin County Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by Certified U.S. Mail to all owners of property adjacent to the subject property, as indicated on the attached list, on the ~~( day of C~~~s~; 200 ~ 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 mailing. Please attach copies of the Certified mail receipts. Applicant's name Sigl~~ure v Signed before me this 2~day of~-ob~er, 2005by ~q,h ~~ (fie c2 a,K- WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 9. I22t a~ ~naxrm Gficq ~~~ Not u lic r /n ^ -' ~W v Notary Public's Signature U G:lcountyladminlforms~adminl ~41_affidavit _' r ~~~~y ~Aa~ ~~~~s „~aw~ ~~ m g vap d ~o ~~ ~~~ s3~~ p n m ~t.~ ~~3~ ~~~. a~~ ~ ~~~~ ~ ~ m VZ w I ~ ~ ~ '0 n ~ I~ 1~ ~ n D -r-1 o z ~' ~ ~' ~ ~ r" m m n o ~ ~ m ~ v D m m m ~ ~ +k LIST OF ADJACENT PROPERTY OWNERS 263215200399 RED OAK TRUST 1041 HAZARD REVIEW Case No. P214-OS Tax Area Account Number Parcel Number Mill Levy 007 R019525 264309402001 _24.721 Owner Name and Address Owner Name and Address ;WOODY CREEK VENTURES LLC __. . ~C/O CLARK LIPSCOMB f 132 W MAIN ST ~.~.~.._.~_, ...,~,_v...._._,.,_.__................~........... ;ASPEN, CO 81611 ._ _ _m~ Tax Area Account Number ~ Parcel Number ~ Levy 007 R003842 ~ 264310300017 ' 24.721 '_ __w Owner Name and Address 'COTTONWOOD TRUST 01/08/97 ~~~ r,__.,__~._...~_.__ .._.___ _._.___~..._ ._ ,21650 OXNARD ST #1925 # ;WOODLAND HILLS, CA 91367 Tax Area Account Number Parcel Number ~ Mill Levy . _._~_..~ _. ~..~ Y,_ 007 R010441 '~ 264310300018 ~ 24.721 ~""" Owner Name and Address Owner Name and Address __ . _ __ _. ;COMPASS FOR LIFELONG LEARNING E PO BOX 336 ~~~~ r~.__. ,~....._.._.._~........._..~.........__. :WOODY CREEK, CO 81656 Tax Area Account Number Parcel Number Mill Levy __ _ _ 007 ~ R003420 264315201002 j 24 721 W__.__.. _ ....._~_._.. _r_~.~,_ _....~.._ _~._~.:~ ~~~W~ Owner Name and Address BEDELL MARK W & LINDA D PO BOX 1381 _ _. :ASPEN, CO 81612 r_~ __.,.~___~_._.._,..._ ~.___-__.,_ ...........~~_.~ _ ....~.._..~.. ....w.w.____ _~ _~...... Tax Area Account Number ~ Parcel Number Mill Levy _ . 007 R003347 ( 264315201003 24.721 Owner Name and Address rj P Owner Name and Address BEATTIE ROBERT P :312 AABC #I ;ASPEN, CO 81611-2568 ~ Tax Area Account Number 'I Parcel Number Mill Levy : .~_ .._._~_...~. ~ W W...~..... 007 R019242 264315302004 ~ 24.721 Owner Name and Address } Tax Area Account Number ~ Parcet Number Mill Levy. mT...... _._ ......... ~....,~ _.. ~.._ _~ _..._~..._,........ _..~_~_ _~. _ , ......,... ,. 007 i R011167 264316102010 24.721 !UTE CITY LTD __ _ _ _ CAROL GALLUN CRAIG PRESIDENT APO BOX 18 _...~....w.~_..~......~_.~_~.._,....._~_~.~.~..~._.. WOODY CREEK, CO 81656 Owner Name and Address ELAM CONSTRUCTION INC ATTN PROPERTY TAX DEPARTMENT __ `1225 S 7TH ST GRAND JiJNCTION, CO 81501 __.~._,.w_~_ _....:.~. ._:..~_ ....~_ Tax Area ~ Account Number .Parcel Number ~ Mill Levy '{ 057 R015948 264316104001 24 793 Owner Name and Address PUBLIC NOTICE RE: Red Oak Trust 1041 Hazard Review (Case P214-OS) NOTICE IS HEREBY GIVEN that an application has been submitted by Red Oak Trust (21650 Oxnard Street Suite #1925, Woodland Hills, CA 91367) fora 1041 Hazard Review and to request vesting. The property is located at 722 Woody Creek Road and is legally described as Tract of land situated in Lots 3 & 4 of Section 15, Township 9, Range 85, and Lot 1 of Section 16, Township 9, Range 85. The State Parcel Identification Number for the property is 2643-152-00-399. The application is available for public inspection in the Pitkin County Community Development Department, City Ha11, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. Published in The Aspen Times ~'Veekly on October 30; 2005. Attention Adiacent Property Owners A property owner receiving this public notice shall have 30 days from the date the notice was postmarked to object to the approval. Any objections shall be made by sending a letter by certified mail (post-marked no later than 15 days from the date the notice was postmarked) to the Pitkin County Community Development Director, 130 South Galena Street, Aspen, Colorado 81611. Any objections to the development application will result in a Hearing Officer public hearing. ~~-- ,p +~ ®. .~ `" Postage I $ ~.~~ -~~'.~~'c--',~ ~" p Cerftfted Fee p Retum Redept Fee (Endorsement Required) p Restricted Delivery Fee ...D (Endorsement Required) iU c~..~{} 1.75 ~ - i ~ 4.42 m p p N Total P' " "'-~ BRAUN WILLIAM 'enercPO BOX 337 Y;~t~WOODY CREEK, CO 81656 or PO 1 r~ \ 1VlLff-~'~J / r9 ~ ~ I ~ ~" ~.w, i . ~ . . - . . - . p Q. ~ ,. ,~ ~ ~ Posse ~ $ 4.37 f g "^ v.: ~ p Cerdfted Fee p p Retum Receept Fee (Endorsement Required) p Restricted Delivery Fee ,,,p f1J (Endorsement Required) 2.34 ~ ~,a~ j _ '/ t~ {~{~] ~, !iJ Total Postap- " - I "' 4.42 r ~2' m ELAM CONSTRUCTION INC ~' p sera ro ATTN PROPERTY TAX DEPARTMENT p 1225 S 7TH ST f`- Sheet, AptlU orPOSoxrIcGRAND JUNCTION, CO 81501 Ci m to LT' IJ! 'C~ ~~1~ 1~~.. ~~~.~.~~ X1367 `~ ~~~~ Postage $ ~'~ ~c,~~~T ~~' tr '~' Certified Fee • ~ 9-^°'° °s'1.~,1 ~ ~ iT , `~ i ~ I~ ~° Posftriar ~ t Return Receipt Fee ~•~ `'f`~ Here J Cr'I (Endorsement Required) '{~~~\S J ~ Restricted Delivery Fee ~~ • ~ (Endorsement Required) I ``~..` _ ~ ~, 4.42 114/241tt~ Total Po' ~ OFF IRVING TRUSTEE ~ sent to C/O BOULEVARD MGMT 0 -§treet,-A21650 OXNARD ST STE 1925 ti or Po a<WOODLAND HILLS, CA 91367 ~ City sfa i [~' l ~ - . ~ - N .. o . ~ - .. a CEI% •: ~ M ~. l ~ Poke ~ $ ` :, ~'~~ ,~' ~~. ~ ~ CertiftedFee I ~ .~; $ ~r~a.•-~- ~ ~n c 'y ~r f= r= RetumReciept,Fee (Endorsement Required) I t~%.J : azk ,' ere ~ 1~ ~D Restdcted Delivery Fee I (Endorsement Required) ~ ~ ~~,, v ~ ~~>,~`~,-! ; Cle ~ ti i 4.42`'_ !(~ (lJ T`UTE CITY LTD ~ ser CAROL GALLUN CRAIG PRESIDENT p PO BOX 18 -----'-""" r' ___, al WOODY CREEK, o CO 81656 r s ~ ~Ii~is -~T •~ ~ s ~ Postage $ 4,37 : , ~ ~~,\ Q" ~} `• ~- Certified Fee I ~ f,,'~ ~ ~ ~.,~v F/ Postmark r t. Return Receipt Fee 1•'~ I ` 1'' ~ ~a ,-~ I fTl (Endorsement Required) ~ 6°01 c=' ` '.'- p ~i`~.21"14 i ~ `~ ,, 0 Restricted Delivery Fee I ,, ~\, C] (Endorsement Required) 111 f/~ I _ 4.42 ^~^~.9%?4745~ p Total P~ ~''J ,.a WARREN RUSSELL F JR & FRANCESCA t.n sent To 11 FIELD POINT DR 5-t~eet; F{'REENWICH, CT 06830 fl.l or PO B~ ~----°-- ~ City, Ste O [~- ~ . 1 ~ , ~ ~ ~ O a a A5l"+~~E. ~ X8162 ;>-'-~"_,~,~. m N Postage $ 4•*~ ~J+S v+J4V\,4 D" __ _ _ h f~ ~. r r , ~' Certified Fee .~•~ , t.t•1 y.Fesi~rk - 11 ) Return Receipt Fee 1••~ ~ L, ~"fi~re'3 _. -_ :_, fT'I (Endorsement Required) `, {{ i` `, ~ Restricted Delivery Fee Cl~~M^•~..lf , ~ .. ~ (Endorsement Required) ~~" ~ ---'^° ~ p Total a..~rnna a Faa~ I ~ 4.42 14/24~~f5"____ ~ sen BEDELL MARK W & LINDA D ci -_-- PO BOX 1381 ------------- srrEASPEN, CO 81612 f]J or F ------------- p City f~ . ~_ ~~ a -- -- - - r.~ m o^ A ~ 1 m _ ~ `m I~.pl~ NI~Sa t~R.. ~113~i`7`;. ~ Poste $ 0.37 I.~IT ID: 028 0.37 I~fIT ID: 0546 ~- 1, ~ _._''' ,,. _D Postage $ a , ,,,.•• ~..~ 7 4 CerGfled Fee 4.30 r, ~ ~ Postmark `~~ ~" Certified Fee ~•~ " --`~ ' '`)' .. "~ ~ RetumRedeptFee ~.~ Here ~. ~ ~ ~ Postrii9fi<j (EndorsemeMRegUired) yy~ } n ~ Return Receipt Fee L•7.~ ~t ~~ Here ~ Restricted Delivery Fee !`! ~ 1Qq~ ~(~ ~.; i fTl (Endorsement Required) ~ ~'d .~ (ErniorsementRegUired) i, "-=-~ -- "~ ~ ~ ~ ~ Restricted Delivery Fee ~~' ~~(~~121"~4:~,d0 ~i ~i I'LI ~ 4.44 ~ ~ j jl 0 (Endorsement Required) I tii ., ,K„ ~ ~ Total Postaoe & Fees ~~~~~ ~~ ~ • c I ~{ ~!}~ I j {~/(~j ° ~ , ~ ~ m BEATTIE ROBERT P ° ' o Tot?~ ~_ ~~~ --~ Q +~~ ~U -~ l `, p sent to COTTONWOOD TRUST 01/08/97 ...~_„__..--''` a 312 AABC #I t.rr sen, ------------- r`- "sTreeG AF`ASPEN, CO 81611-2568 ~ S'tre WOODLAND H LLS, CA 91367 orPOBa __ f7J orP ------------- n1 % O - ° City, N C] - _ ~ N ~ a ~ ~~I.,R1 f1J ~~s ~ ~1~~1 ;' `r' 0.37.' iT I . ~ ,.p Postage I $ 0.37 ID: 0548 r, . ['~- Postage I $ ~.~ ~- Certified Fee ~ 'l n _ ~" Certified Fee `~os ~ ~"~ '~ „ ~ ~ Postm`d'r ~ Return Receipt Fee 1 ~ ~ c ~ ~ Return Receipt Fee I ~ ~ c ~ t Endorsement Required) ~ c rt7 (Endorsement Required) i. ~ +C ~. f'r'1 ( " O ~ • i ° Restricted Delivery Fee ~4 ;:, ~'1ErK` 'p~~! Restricted Delivery Fee I ~?x~±k•f`~~ ° I s v~~ •" `-" ° (Endorsement Required) , " .- ; ~ ~ (Endorsement Required) ~ ,,,,~„~, ° . 4.42~.~ 10l4,y18~" ° Total Postaq I '" 4.44 I tg1~=---~'~ ~~ p Total Postage & Fees I Q ~ =`='" a COMPASS FOR LIFELONG LEARNING ' a sent TWOODY CREEK VENTURES LLC 1,77 Sent To ° PO BOX 336 ° _______.C/O CLARK LIPSCOMB Street,-Apt: 1vWOODY CREEK, CO 81656 "-~ street,132 W MAIN ST f1J or PO 0 or Po sox rvc .__ ° -din; sASPEN, CO 81611 ° City, State, Z! C7 It t`" .. . ...6N b T COi, , ..lITNITY' DEVELOPMENT DEPARTM 130 South Galena: Street Aspen; Colorado $1611 (970) 920-5526 Pitkn County" Land`' User 172 Board of Adjustment 159 County Land Use Code 173 Deposit 174 Flat. Fee c",}` ; + `~_~ 162 Zoning, and Sign 169 Public Notice 160 Plamzuzg Enforcement 1'75 Hearing Officer Referral Fees: ' 210 Airport I,UC01 County Clerk 211 County Engineer 194. Environmental Health. y} 208 Historic 198 Housing. 190 Land Management f 209 Redstone HPC 206 Wildlife. Officer Building. Fees:. 170 Board of Appeals 135 Building Code Sales 105,. Building:Permit 100 Contractor License.. 120 Electrical. Permit 195 Energy Code Review ' 115 Mechanical. Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 151 Aspen Sanitation 152 AVFD ire Marshal 158 BFD 1~'e Marshal Other Fees: 155 Usefiax 165 Copy PZ005 Master Plan-Copy Performance Deposit 185 Park Dedication 186 Parking Cash in Lieu 4 IS GIS Requirements B1202 Road Impact Fee B1203 School Impact Fee ' TOAL NAME:.. ~.. ,~ 4 i ,p ADDRESS/PROJECT:. .s'..~, ~~,,+j.3 ~ i~~~; i~` t,...... F ~. .~ PHONE:. -: f .€ ~ _' ! CHECK# r I _#~ CASE /PERMIT#: r ~ ~ ~~ s."~ ,,• . DATE: 4 'a„~ ~ ~~' `".~ !s~ INITIAL: ~ ~<. e ,,-+'~ f