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HomeMy WebLinkAboutpitkin.planning.246327200016 (3) - 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 (llxl7) ""1":' ,.'" ." ~ ~ r; "'~;:- :~::;~ ;',:: ::::'~:: '::~':,h ~ ~ j ~,,-,",<~ THE CONSERVATION FUND March 30, 2001 Suzanne Wolff Community Development Pitkin County 130 S. Galena Street Aspen CO 81611 Dear Suzanne, Pursuant to our recent conversation please consider this a modification to our September 8, 2000 application for an amendment to the existing 1041 Hazard Review for Parcels 1,2,3, 4, 10 and 11, Crystal Valley Ranch (The Conservation Fund is the present owner of all eleven parcels ofthe Crystal Valley Ranch). The Determination No. 99-4 was granted by the Hearing Officer on April 8, 1999. As you are well aware, the Conservation Fund is working with Pitkin County Open Space and Trails and is negotiating a contract to sell the portion ofthe property west of Highway 133 to an outside buyer. The potential purchaser for the property west of Highway 133 (approximately 245 acres) would like to relocate the building envelope on existing Parcell (as shown on the attached plat), as well as add two development areas to the parcel, a primary residence area and a ranch area. The primary residence area would include the following. 1. Main house not to exceed 5750 square feet plus garage with a non-residential studio above; 2000 square feet horse barn with covered round pen; Riding arena and horse fencing (paddocks); Two (2) ponds (approximately 1.5 acres total). , 2. 3. 4. 1. 2. 3. 4. 5. 6. 7. 8. ~ ~c ~ ~ ,. f;.; , The Ranch area (original house and ranch buildings) would include the following. 2000 square foot pole barn and hay shed; 1500 square foot equipment shed; 1500 square foot guesthouse; Rebuild existing structures and workshop removing old dairy barn; Fuel tanks (location to be determined); Small building for annuals; . Existing Ranch Manager's house; Plant holding area and orchard. t":' Partners in land and wafer conservation 1942 Broadway, Suite 323 . Boulder. CO 80302 . (303) 444-4369 . FAX (303) 938-3763 , ;j ~RecYCIOO WR<:cyclable IJ:J r". 'i( f , The specific locations of all ofthe above facilities are located on the plat only approximately where they are intended on the property. The above outlined development areas are intended to replace the building sites on Parcels 2, 3 and 4 which would be removed. The purchaser would like to leave Parcell (residential development parcel containing 40.155 acres) as it is and create a new Parcel 2 (agricultural parcel) containing approximately 204.85 acres. A tree farm not to exceed a total combined area of20 acres would be allowed in the agricultural area spanning both new Parcels 1 and 2 (approximate location shown on plat). The tree farm would be for wholesale trees and shrubs and allow deer fencing to protect those trees and shrubs. Landscaping along the lower ditch would be allowed as long as appropriate ditch maintenance is possible and there is no interference with historical ditch flow (shown on attached plat). As related previously, the total property would be subject to a conservation easement allowing the above uses while precluding any additional residential or commercial development. We have discussed the above uses with Kevin Wright (DOW) and the Pitkin County Open Space and Trails Board, and the resulting current plan reflects their concerns. Suzanne, please let me know if you need any additional information. Sincerely, ~k! i , I i I , = ~ '" ~ ~ r l t: C. A. Vidal ~I ~ " i'.;,"',.,....;.~.,.,.:,.;:"",..;;.+:0..;; !l9 ~ n 0076 Seven Oaks Rd Carbondale, CO 81623 ,RECEIVED MAY 0 4 2001 ASPEN I PITKIN COMMUNITY DEVELOPMENT May 2, 2001 Suzanne Wolff Community Development 130 South Galena Aspen, C081611 RE: Crystal Valley Ranch 1041 Hazard Review Amendment Dear Suzanne, We have reviewed the Conservation Fund application letter and Hazard Review Map, and have some concerns and questions. A tree farm as we understand it is essentially a holding area for trees to be used in landscaping, not trees planted in the ground. This could be interpreted as a commercial rather that agricultural use. It should be made clear which it is and why that use is compatible with zoning. The 'Ranch' area is to include a "sman building for annuals" - a greenhouse -:- no size menti()n~c:laf1dsl11all is relative and open to interpretation. There is no mention of wholesale or retail salesfromtheg"feenhouse or "plant holding area"; both should be clarified. Also no mention is made of the amount of traffic generated by the f1atbec:ls u~ua"y used to transport the trees and shrubs. Nothing on the plat indicates where these vehicles might be parked, .or how many employees &lor customers would be coming and going on any given day and where they would park. What happens over the course of time if the owners sell ordecide they no longer want to have a tree fann? Will other commercial uses be permitted because this one was already in place? Will there be security lighting for the vehicles or the trees or the gas tanks? We feel that these questions and those that other citi;;:ensmay havesh()L1'd be addressed prior to approval. Perhaps the Crystal River Caucus should be involved/consulied. ,. . I i , Thank you for considering these concerns, Sincerely, dvlU~ i! Lee Beck John Stickney rSlx~ Cc: Ron Sorter, Chuck Downey, Dorothea Farris , ";.,"J" "1,:,:,;..j,o>., ".~'.. \,; r, May 7, 2001 Fo{ECEIVED MAY 0 8 2001 ASPEN I PiTKIN COMMUNITY O;VI;LOPMENT Suzanne Wolff ,,,,,.,-.,.. ",~",,:,:;,,;:. "....,-...;;'0<.>'"'*-".:..).,':,..,.,:, '-"""":,..,,, "".,.-,,- COlllIllllll1ty Development 130 South Galena Sl Aspen, CO Ref Crystal Valley R.itrlch I()41l)roposal Case # P130-00 PID 2463-272-00-016 Dear Suzanne: As a member of the Crystal River Valley Caucus, I have been apprised of the Crystal Valley Ranch 1041 Haiard Review.'... --- My concem is that the establishment of what appears to be a yomg)€tn;:iall:>llsine~s (tree farm) will increase truck traffic along Highway 133. The drawings do n9t seem to indicate proposed access to and from the property for increased heavy traffic. . I would,hope that the CrystalW"er Vll.1ley Caucus will be officially consulted reSardilJg this proposal, . . . . Sin9. erely yours, ."i",d(!( "_'" 7JP~~ F. Darrell Munsell 0100 Riverside Rd. Carbondale, CO 81623 , ! ~ ~ ...,",.~.,,,:-._,_._~,:~_._- "::':<''-''''''''''~''''~~':'--'-'';'..;..:~."..""....~~h_'' ~".._"...,..,~ _,_, "..-_.,_:....,J.c......;._::"'- "h,:..,","" i","";:<, -t>:" ;-..,-,,;..:'::'j'; ,",>"_-Ji,,-\.""/ '..<<f,."'" '. .., ....' .",.,.M',.~, ..., Iii / PITKIN::-OUNTY WrL~LIFE MAN:6EK:fEN't'" , ..' ,,' MEMORANDUM TO: Suzanne Wolff, Community Development FROM: Jonathan Lowsky, Wildlife Biologist SUBJECT: Crystal Valley Ranch DATE: May 7, 2001 Crystal Valley Ranch provides critical habitat, severe winter range, winter concentration areas, a daily movement corridor, and highway crossing areas for mule deer. The proposed site plan was developed at an Open Space and Trails Board meeting with Chuck Vidal where Kevin Wright, CDOW, and I recommended changes to the original plat presented by Mr. Vidal. I believe that this plan will allow the property owner to benefit from the tree farm as proposed ,~hile preserving ,all areas of the property with significant habitat for mule deer and other wildlife. The si1:eplan in the revieW,~tnen~tne]1t l.'ef1~~~the recommended changes accurately. In addition, the following conditions should be applied tonUi1inUze ecological impacts: 1. Dogs should be prohibited as per g3-S0.080(B)(5) ofthe PitkiriC()\I11tY Lane! Use Code. 2. Native vegetation must be maintained outside the building envelope as per g3-80.080(A)(3) of the Pitkin County Land Use Code. 3. All utilities should be buried. 5. Compliance with the 2001 Wildlife Protection Ordinance regarding waste storage. Verification of this condition should be required prior to issuance of a certificate of occupancy. I I 6. Livestock (including horses) should be prohibited on the property. 7. Residential development shall be clustered outside of habitat area.sto the llla:'imll1].1e~tel1t possible to minimize impacts on wildlife as per g3-80.080(A)(2) ()fifiitPitkinCounty LanclUse Code. ! , ~ ~ I 8. The removal of vegetation shall be minimized. Disj:urbed areas shall be promptly revegetated with beneficial browse species as per g3-80.080(A)(3) of the Pitkin County Land Use Code. '" ~ i ~I ~ ~ . 9. Food, cover and water sources beneficial to wildlife shall be preserved. Development effects that would destroy or damage these must be mitigated as per g3-80.080(A)(5) of the Pitkin County Land Use Code according to a mitigation plan developed by the applicant and approved by the county Wildlife Biologist. 10. Fencing outside the building envelope should be prohibited due to the importance of the property to mule deer. ~i 76 SERVICE CENTER ROAD, AS"PEN, .C'O'."SI6It" PHONE: 970/920-nn ' fAX: 970lU'ij:S"3f4'" ~ ~;: 1m Vince Urbina, 09:55 AM 517101 -0600, Cryst<ilVaIley I"'; Date: Mon, 07May 2001 09:55:1~ -0600 From: Vince Urbina <vurbina@lamar.colostate.edu> X-Mailer: Mozilla 4.7 [en] (Win95; U) X-Accept-Language: en To: "Wolff, Suzarme" <SYf:CiDDi?w@ci.aspen.co.us> Subject: Crystal Valley Ranch & Treefarm Suzanne, I looked at the Crystal Valley site from the highway on my way to another 1041 site visit outside Redstone. It is di?finitely grass pasture and would be rated as low wildfire hazard, My only recommendation would be to avoid planting new trees within 15 feet of the structure. I also want you to know that I will stand on my comments from the letter enclosed with the Treefarm 1041 application. Vince Vince Urbina Colorado State Forest Service Grand Junction District Grand Junction, CO 81501 (970) 248-7325 vurbina@lamar.colostate.edu Printed for Suzanne Wolff<suzannew@co.pitkin.co.us> "{;""':'::':~'>~;'~"~,';:~~~t:,'o',,,;';:i\,',,>,,:,:i';~"':'ij I Page 1 of 1 I I I i " ~ ~ !1 ~ ~~ ~" ~, , ~j [;; ~ r~ ~: , ., "'" j'. 5/8/01 , .,' """ ""'~ lIli A THE CONSERVATION FUND RECEI'VED NOlI , a 2000 COMMtJmN I PITKIN DEVE:LOPMENT November 12, 2000 Ms. Suzanne Wolff Aspen Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: Crystal Valley Ranch 1041 Hazard Review Amendment Case No. P130-00 Dear Suzanne: Please allow this letter to serve as a request for a continuance of the scheduled December 19, 2000 public hearing in connection with this application. The Conservation Fund and Sustainable Conservation, Inc., purchased the property on November 1,2000, and will need to take some time to review its plans for the property before we finalize any amendments to the existing 1041 approvals. We hope to have those plans finalized soon, after which we may need to update our application before setting it for hearing. This update will include new information conceming the current ownership ofthe property. Thank you for your cooperation. Please call if you have any questions. Sincerely, h ~ , ~ It I>j ~ ", ~ -//~ Thomas T. Macy Westem Director ,. , ~ Partners in land and water conservation 1942 Broadway, Suite 323 . Boulder, CO 80302 . (303) 444-4369 . FAX (303) 938-3763 It; ~ t:'\Recycled ~Recycl~blo ,,;*,,',:,>~8 . ;:"cr-vo-.c:.vuu rf'i.l U"'JO 1111 IOe. vU!'tu[.l\IJl1I1VI1 rUj,/U ~ \" ..., r 11^ j~U, SUJ~JOj 10::> THE CONSERVATION FUND September 8, 2000 Ms. Suzanne Wolff Community Development Department J 30 South Galena Street Aspen, CO 81611 Re: Parcels 1,2,3,4,10 and 11, Crystal Valley Ranch, Amendment to a 1041 Hazard Review Dear Suzanne: Please consider this Ictter an applicalion for an amcndment to the existing 1041 Hazard Review for Parcels 1,2,3,4,10 and 11 Crystal ValleyRanch,Deterrnination No. 99-4, granted by the Hearing Officer on April 8, 1999. Thc ConselvationFund(TCF) has a contract to purchase all cleven parcels of Crystal Valle)l.~an,c,h~. ~g!l!Jh~,C:UJT9!1t owners, Crystal Valley Ranch LLC, Nos. 1,2,3,4 and 5, and has the co~sent of those owners to submit this Application, see attached Exhibit I. The applicationisbeing submittcd at this time to qualify for an excmption undcr Section 9(2) ofth.e, Responsible Gro\\,th Initiativc; however, given thc existing vested rights for six single family homes of up to 15,000 square fect each on thcse parcels, rCF believes that any atnendment to this application to rclocate envelopes which would result in less than six homcs would still qualify for the cxemption. As you are aware, TeF is working with Pitkin COWlty Open Spacc and Trails("OST") in this acquisition, with the intention of buying the property to prevent its development into cleven separale thirty-five acrc homesitcs, and instcad limiting development in a fashion to preserve the open space, recreation, scenic, wildlifc habitat, a.nd agricultural valucs of the property. See Open Space and Trails Resolution #00---.> attached as Exhibit 2. Thus, TCF' sceks to amend the prior 1041 approval on the six referencoo parccls, and proposcs two new building envelopes on parcels 3 and 10, to replace the six preViously approvcd envelopes. Because TeF is still ill the due diligence review under ils Purchase Contract, a complete markcting plan for all cleven Jll\l"cels has not yet becn developed, but it is the intention of both TCF and OST to market and sell only one building sitc on the west side of Highway 133, lUld to keep the existing ranch manager's house for a ranch m'Ulagcr. Thus, as an alternative to the four approvcd envelopcs ollthc \\,est side, and the potential for three more on Parcels 5, 6, and 7, TCF sceks approval for just one now building envelope, relocatcd abovc the irrigation ditch on Lot 3, and accessed from the northern end of the property off of Highway 133. It is anticipated that Pitkin County will hold a conservation easement on the remainder of this property west of Highway 133, to prcsc.:rvc the wildlife habitat, the open space, rccreation, scenic qualities, and agricultural LlSCS of tile property. l'(1rtll,'rS;'1 fond '11JrI wafer (,'oll.\"('/l'(/(itlJ/ 1942 llroadwoy. Suite 32.1 . lloulder, CO 80302 . (303) 444-4369 . FAX (303) 938-3763 It:\.tli'''Y'',.,1 WJ.lCC~~I.lr.", ~""""' r. UOU~ I I I I I I . ~; & , " , V i>l " t' ~ ~ F' t'< ~; f:l Iih' "';, .~,,~ ::::: _v, vv _vvv ,.., vv'o' "n ;;",vo"v~'''...'v., .0"0 ~ . . ~,v,".. v."'vv",.,.....~.... "''''',.... , ~ "-:'t' Similarly, for property between Highway 133 and the Crystal River, pareels 10 and 11, the proposal is to relocate the building envelope on Parcel 1 Oas close to the Crystal River as the Land Use code permits, as an altemative to the two envelopes cllrrently approved for Lots 10 and II. At present, TCF and OST wish to keep the existing, but unoccupied, residence at the northern comer of Lot II, which is accessed off of Thomas Road, as a home for a land manager or other county cmployee. This residence would require renovation. The balance of this portion of thc property may also be subjected to a conservation easement (lr owned by Pitkin County, to prc.,serve the open space, wildlife habitat, scenic qualities, and agricultural uses, and provide for some public recreational llses. TCF is still investigating access to the remaining two parcels 011 the east side of the Cryst.lI River. TCF and the Courtty should have a dcfinitive marketing plan for the entire pmpeliy before the public hearing on this application. This application is sublllitted pursuant to Section 3-80 of the Pitkin County Land Use Code, see Exhibit 3; Pre-Application c:;onferenee summary. Because these parcels were the subject of 11 1041 rcview in 1999, reference is made to the application submitted for the app~oval in determinati()n 99-4, see Exhibit 4, the December 7, 1998 letter application from Sunny Vann for Parcels I, 2, 3, 4, 10 and II. The list of adjacent property owners and statement ortitle is the same as submitted with Exhibit 4, and is included in Exhibit 3. The list of adjacent property owners and statement of title will be updated after TCF(and/or its assignees, to preserve separate ownership of the parcels and avoid merger isslles) takes title to .the property, and in no event later that 60 days beforc any public hearing on this application. Thc parcel descriptions arc attached as Exhibits A-F of Exhibit 4. The vicinity map is included on theSite Plan included with this application. Finally, there arc two signed copies of the Agreement for Payment enclosed. Project Site See discussion in Exhibit 4. Proposed Development The Applicant proposes to relocate the building cnvelopes on parcels 3 and 10, as an alternative to the six approved envelopes in Detennination 99-4(attached as Exhibit 5). The enclosed sitc plan shows the existing approved envelopes as well as the two proposed envelopes. Although the two proposed envelopes may not be as beneficial as the existing envelopes from a wildlife perspective, the tradeoff is a reduction in overall development in thc ,Irea and protection of scenic and recreation reSOurces and preseLvation of agricultural values. Both envelopes still avoid mapped geologic and floodplain hazard areas. Tn respOnse to the comments of Jonathan Lowsky for the existing approval, his memorandum dated 2/15/99, attached as Exhibit 6, the new building envelope in parcel 10 will be located as close to thc Crystal River as possible without compromising riparian habitat. The existing restrictions on dogs in Detem1ination 99-4 ;ocr-uo-~uuu rKJ u~,;oo HrJ Inc (,UI1;oCl\VHI jUJ1 rul~1J' ~ r M 11U, .:lU;o~.:lO.:l1 0;0 y, , U4/U4 would continue. It is hoped that the reduction of home sites on Parcels 1-4 to only one on Parcel 3 meets Kevin Wright's concerns in his 1/6/98 letter, Exhibit 7, even though there is no clustering of homesites at the southern end of the property, but instead only one homesite, located on Parcel 3. For the referenced parcels, the two proposed building envelopes still result in preservation of 95% of the acreage historically available for human food production or hay, gnlin and other feed crops. These proposed envelopes are designed to meet or exceed the setback requirements of the underlying RS-30 zone district. Applicant requests that the sizc of the residences meet the FAR requirements in cffect at the time of the eXisting 1041 approval(l5,000 sqllare feet), As discussed previously, Applicant wishes to preserve the existing single family residence on Parcel 1 as a ranch manager's residence, not deed restricted, and Convert the uninhabitable residence on Parcel II to land manager or other employee housing. Based on the above, the Applicant's proposal for alternative building envelopes complies with the applicable criteria ror hearing officer 1041 review approval. Those hazards which are not avoided can be ca.~ily mitigated. The enclosed 1041 Hazard Review Map will be revised as may be required and recorded after final approval. If we can he of 111rlher assistance, please call. The Conservation Fund By: Its: 7'~ . T.~ ~~f!. ~en..- j it;:); ,..-... /"- Exhibits to The Conservation Fund application for amendment to Crystal Valley Ranch 1041 1. Consent 2. Open Space and Trails Resolution 3. Pre-application conference summary 4. 12/7/98 application letter 5. Determination99-4 6. Lowsky letter 2/15/99 7. Kevin Wright letter Plus plat map. Sen-07-00 08:35 '" _-'-"I \,01,,/"'111' ",,"''''"jf1 . '" 'SEP a€;".;.00.- ffi.: 00PM C <g." ~ r'::~ I"". 1V~J 'P.2 P.02 SWlllllle Wo18' Pitkin COlmty CoumIIIIliIy Develo~ nep..,"-l. 130 S. Galea AlpM, CO 11611 Ita: CoaHaI for QyJtal Valley Aaoh. App]iation DearSn-: Thillctterc:oJllli~ Ollf~t toalllld VIe IppUCIIkIl !or ClIII' JIll .. Rty __ II the CryIt&\ Val1ey Ianeh, puccla 1-11, 1Jy'1\l c..v"j . PuDcI, ... hu a GOIltrlct to pl.tftlhlM lilt propetty. Sincerely, Ct')'Ita1 Valley Rac:h u.c, NIlI. J,~, 3, 4,. , BY:~~ ;:,~ . ,'l"'~' F;:.~E" '~-- -- <,ct.- ~ '>; . '~.. ,I , it{\;;o ~ t:)I; 1+ r:>rrr II) 'To e.i1.'oi:lJ"AJ"(.:~ . A RESOLUTION OF THE OPEN SPACE AND TRAILS BOARD TO COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, RECOMMENDING APPROVAL OF FUNDS FOR ACQillSITION OF ULRYCH PROPERTY Resolution # 00-04 RECITALS 1. The Pitkin County Open Space and Trails Board of Trustees is charged with the responsibility of acquiring open space properties within Pitkin County, and; . . 2. The Pitkin County Open Space and Trails Board of Trustees has designated certain types of properties as priority acquisitions, with scenic lands, habitat lands, and agricu1turallands each as priorities. 3. The Ulrych parcels (the former Mautz Ranch hereinafter referred to as "the Property") are possessed of outstanding scenic, habitat, and agricultural values. 4. The Property is a historic ranch that is important habitat for such species as mule deer, elk, and bald eagles. The Crystal River flows through the Property and provides important habitat and recreational resources. The Highway 133 scenic byway also traverses the property. .: 5. The 434-acre property was divided into eleven thirty-five acre parcels, the full development of which would seriously degrade their open space values. 6. The conservation of the property could be achieved while allowing minimal development on the Property in addition to the existing ranch house. Accepting such development will enable the Open Space Program to achieve its conservation goals while preserving funds for other priority acquisitions. 7. The Conservation Fund is a national non-profit organization specializing in conserving lands through environmental restriction and resale to conservation buyers. The Conservation Fund has agreed to advance $500,000 toward the purchase of the property, pending conservation planning and the resale of portions of the property subject to conservation restrictions mutually agreed by the Open Space Board and the Conservation Fund. 8. The Pitkin County Attorney's Office has detennined that Article XIII of the County's Home Rule Charter authorizes the County to loan funds from the Open Space Fund to facilitate the protection of Open Space of significant public value, . . . . Exhibit '. 1 -.l "' . . . ,...".. ~ based on the acquisition of a security interest and contingent conservation rights in . a loan agreement. 9. The landowners have agreed to sell the property to the Conservation Fund at its appraised market value. i. ,...."..... _....... .... I NOW THEREFORE BE IT RESOLVE. D BY. THE OPEN SP ACE ~ 'fRA11.,S jJOARD .. .. .." .. .. .... .... -,.. ....'...:<: ...,.....":,'..:.,......,,,..:.....,.,.,,'.........:.-...._._.,,,...-..~..,'-,._.>,,,...'c.,~,..'"',...,... ..,.,'.._'........ I TO COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AS FOLLOWS: . That the Open Space and Trails Board of Trustees does hereby recommend to the Board of County Commissioners they loan $4.6 million to the Conservation Fund toward the $5.1 million purchase of the Ulrych property, based on the following conditions and . understandings. A loan agreement between Pitkin County and the Conservation Fund will be executed and will contain the following tenns. A. The Board of Open Space Trustees and the Board of County Commissioners must approve the listing and resale of any interest in the Property by the Conservation Fund. B. After any sale by the Conservation Fund of any interest in the Property, the Open Space and Trails Board and County Commissioners may elect to deny any further sale of interests in the Property ,and the County acting by and through the Open Space and Trail Program shall assume ownership of all interest in the Property held by the Conservation Fund at that tjrne. C. In the event of an election by the County pursuant to paragraph B, the Conservation Fund shall be released from indebtedness to the County. D. The Conservation Fund shall be entitled to repayment of its $500,000 advance, plus its actual costs relating to the purchase and resale of interests in the Property, and a conservation fee of $200,000, to be paid fIrst by proceeds from the sale of interests in the property, or by Pitkin County Open Space and Trails in the event that such proceeds are not adequate. APPROVED AND ADOPTED ON THIS ~DA Y O}k 2000. ~< OPEN SPACE AND TRAILS BOARD OF TRU TEES ATTEST: Jk / 111- , By: Hawk Greenway, C 2 ,,,,,,>,.,,,,.,",,'.,,,;,-,;:,,,:,:;:,'- M~_'"..'.'I''' ..,... """ :':1, " . C";" OSTB Resolution 00-04 ~~,j,l',:ji0*""i1t,~,~. ifj-",Wf"N /:i~tlJ Director ~~~ Debo Quinn 8/1370 {; Assistant County Attomey ~ Ulrychlreso ;, /.~.. ',~:;11J'; 3 ~ ^ ; PITKIN COUNTY PRE-APPLICATION CONFl!:RJi:NCE SllMMARY PLANNER: Suzanne Wolff DATE: 8/31/00 PROJECT: Crystal Valley Ranch 1041 Hazard Review Amendment LOCATION: Highway 133, Crystal River Valley REPRESENTATIVE: Debbie Quinn PhonelFax: 920-5192/920-5198 APPLICANT: Open Space & Trails and Conservation Fund Type of Application: 1041 Hazard Review Amendment Description ofProjectlDevelopment: The Applicant proposes ttJ amend the prior approval to relocate the building envelopes on Parcels 3 and 10. As an alternative to the approval granted pursuant to Hearing Officer Determination No. 99-4, these envelopes would replace the 6 previously approved building envelopes. Land Use Code Sections to address in letter of request/application: . Article 2, Land Use Policies Section 3-60, Environmental & Aesthetic Standards Section 3- 70, Water Resources Section 3-80-050, Geologic Hazard Areas: Slopes? Section 3-80-070, Wildfire Hazard Areas: Mapped low wildfire hazard area. Section 3-80-080, Wildlife Habitat Areas: Mapped mule deer winter range; within V. mile of mapped mule deer winter concentration areas and critical habitat; within v. niite of elk winter range Section 3-110, Improvements & Services . . . . . . Staff will refer to: Attorney, Engineer, Zoning, CO State Forest Service, CO Division of Wildlife, Wildlife Officer, Crystal River Caucus Review by: Hearing Officer Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date ofthe public hearing. Planning Deposit: $1,110 (additional planning hours are billed at a rate of $1 85/hour) Referral Agency Fees: Fees for the County Engineer will be billed on the final bill at a rate of $65/hour. TOTAL DEPOSIT: $1,110 (make check payable to "Pitkin County Treasurer") To apply, snbmit 10 copies of the following information, unless noted otherwise: I. Letter of request, addressing Code Sections listed above; 2. 24" x36" Site Plan which complies with the provisions of Section S. 70-040 (attached) 3. Consent from owner(s) to process application and authorizing the representative (if applicable) (1 copy) ~ , , Exhibit 3" J ........,... I 1<..: ~ ".-"" 1""':'..".:), 4. Parcel description, including legal description and vicinity map 5. Copy of this pre-app form (1 copy) 6. Application fee; 7. Proof of ownership; 8. Agreement for Payment form (2 copies). 9. List ofal! adjacent property owners (1 copy) 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. ~ 1041 HAZARD REVIEW SITE PLAN Pursuant to Section 5-70-040 of the Land Use Code,a 1041 Hazard Review Site Plan shall be prepared as follows: A. Neat, legible ink drawing on a twenty-four (24) inch by thirty-six (36) inch sheet; B. Title identifying type of review; "Smith 1041 Hazard Review Site;"Plan" C. Vicinity map at a scale of no smaller than 1" = 2000' and a size of no less than 5" by 5", showing commonly known landmarks and the relationship of the parcel to proximate roads; D. Boundaries of the parcel(s) with a survey tie into a governmental monument or other permanent marker. E. North directional arrow; F. Date; G. Scale: the building envelope and access shall be depicted at a scale of no smaller than 1" = 50'; H. Topographic information depicting two (2) foot contour intervals within the proposed building envelope and along the proposed access, and extending at least ten (10) feet beyond the envelope and access. Additional topographic information may be required on a site specific basis upon further review. I. Slope analysis: Slopes between each two (2) foot contour that are from 15-30% and those exceeding 30% shall be designated by separate distinct graphic patterns. J. Legal Description of parcel; K. Site map shall also include the location and dimensions of building envelope setbacks from property lines, important physical features, existing water courses, and any other important geographic or hazard relatecl iss;ues, L. Disclaimer stating "1041 environmental hazarcl areas exist that might affect the property, any improvements, and the use and occupancy thereof'; M. Owner's signature block. N. Community Development Director signature block for minor revie""or HeClring Officer signature block for Hearing Officer review: "This 1041 hazard review site plan has been reviewed and approved by Director/Hearing Officer this _ day of , 1999, subject to Administrative Decision/Hearing Officer Decision No. recorded as Reception No. O. Clerk and Recorder Acceptance for Recording: ''This 1041 hazard review site plan has been accepted for filing in the office of the Clerk & Recorder of Pitkin County, Colorado, on this _ day of , 1999, in Plat Book _ at Page _ as Reception No. " A mylar copy shall be submitted by the applicant for recording following 1041 hazard review approval and prior to issuance of any building permits for the property. At that time, the site plan information shall also be submitted in a digital format acceptable to the CommunitY Development Department. Base information shall be obtained from the Community Development Department. The owner must sign the mylar before recording. A repres;entative of the owner must have a power of attorney in order to sign the mylar for the owner. The applicant shall submit the recording fee with the mylar: $10 per page. Eithersubmit a check made out to the "Pitkin County Clerk" or cash. """,~,'''",o",,,,'i,.," ' .__.._....... "~'H .. .... ~'. .c;:--., VANN ASSOCIATES, LLC Plann:r.g Consu!t3.nts December 7, 1998 HAND DELIVERED Ms. Suzanne Wolff Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Parcels 1, 2, 3, 4, 10 and 11, Crystal Valley Ranch, 1041 Hazard Review Dear Suzanne: Please consider this letter an application for 1041 hazard review for the establishment of a single-family building envelope on each of Parcels 1, 2, 3, 4, 10 and 11 of the Crystal Valley Ranch (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Section 3-80-010.B.2. of the Pitkin County Land Use Code by Crystal Valley Ranch, LLC No.'s 1, 2, 3, 4 and 5 (hereinaf- ter "Applicant") the owners of the parcels in question (see Exhibit 2, Letter from Oates, Knezevich & Gardenswartz, P.C.). A list of adjacent property owners is included within Exhibit 2. An Agreement for Payment form is attached as Exhibit 3. Project Site The property in question consists of six meets and bounds parcels which are located within the Crystal River Valley and adjacent to Highway 133 approximately four miles south of the Town of Carbondale. Parcels 1, 2, 3, 4, 10 and 11 range in size from approximately thirty-six to fifty-four acres and are zoned RS-30, PUD Resource Zone. The parcels were created pursuant to Section 30-28-101(10)(b) of the Colora- do Revised Statutes (the State's 35 acre subdivision exemption provision) and conform to the area and bulk requirements of the underlying zone district. Merger is not an issue as each of the parcels contains more than thirty-five acres and all adja- cent parcels are held in separate ownership. As the accompanying draft 1041 Hazard Review Map illustrates, Parcels 1 through 4 are located on the west side of Highway 133 while Parcels 10 and 11 are located across the highway to the east. The topography of Parcels 1 through 4 rises gently from the Highway to the toe of the hillside which borders the westem boundary of the parcels. Two unnamed irrigation ditches traverse the lower portions of the parcels. The Sweet Jessup Ditch traverses the upper portion of Parcel 4. Virtually 230 East HOCK:ns Av~, . ;l,30en Cc:O~:?:tJC01S: -: . 970/925-6958 . >=3X 970/920-9310 Exhibit 4 "'<,'$; ,- f"). 1"'\ 'f Ms. Suzanne Wolff December 7, 1998 Page 2 all of the parcels' land area is devoted to pasture. Existing vegetation consists primarily of pasture grasses with scattered sagebrush and Juniper located in the vicinity of the Sweet Jessup Ditch. Numerous large cottonwood trees are located along the lower irrigation ditches. Parcels 10 and 11 are located between Highway 133 and the Crystal River. A small portion of Parcel 10, however, is located across the River to the east. Thompson Creek forms the southem boundary of Parcel 10. . The portion of the two parcels which is located between the Highway and the River is essentially flat and devoted almost entirely to pasture. The eastem portion of Parcel.10 is wooded and rises to the hillside beyond. A riparian area, which borders both the River and Thompson Creek contains numerous large cottonwood trees and various riparian shrubs and plants. Manmade improvements to the various parcels include a single-family residence and various associated agricultural outbuildings which are located adjacent to Highway 133 near the southem end of Parcel. 1, an uninhabitable fOrmer single-family resi- dence which is located adjacent to Thomas Road and the Crystal River at the northem end of Parcel 11, various unpaved driveways and ranch access roads, and miscellaneous agricultural fences and irrigation ditches. Existing development in the immediate site area includes several scattered single-family residences arid associated agricultural outbuildings. It should be noted that :parcel 10 received Hearing Officer 1041 hazard review approval for the construction of a bam in June of 1997 (seeEXhioit4J,Ksite specific building envelope for the proposed bam was approved and is depicted on the accompanying Minor 1041 Hazard Review Map which was recorded in the office of the Pitkin County Clerk and Recorder in Book 43 at Page 12. A review of the County's 1041 hazard maps indicates that Parcels 1, 2, 3; 4, 10 and 11 contain several areas of 1041 hazard concem. Alr of the parcels are mapped as mule deer winter range while the eastemmost portion of Parcel 10 has been ideritified by Kevin Wright of the Colorado Division of Wildlife as a mule deer winter concentra- tion area. Kevin has also identifiedthewestemmostsagebrush area.s of Parcels 1, 2, 3 and 4 as mule deer~ritical habitat and the ril'arian areas located adjacent to the Crystal River and Thompson Creekasoafcfeagle habitat. The easternmost portion of Parcel 10 and the westemmost portions of Parcels 2, 3 . and 4 contain slopes in excess of fifteen percent. In addition, the area above the Sweet Jessup Ditch on Parcel 4 is mapped as a potential avalanche, area which also contains potentially unstable slopes. Finally, portions of Parcel 10 and 11 located immediately adjacent to the River lie within the Crystal River floodplain (FEMA Map 08097C0033C) while the pasture areas of all of the parcels are designated as subject to low wildfire hazards. ,.! ...._c..-~-_~:f.: ~ Ms. Suzanne Wolff December 7, 1998 Page 3 Proposed Development The Applicant proposes to establish building envelopes on Parcels 1, 2, 3, 4 and 11, and to revise the existing bam envelope on Parcel 11, to permit the future develop- ment of a single-family residence on each of the six parcels. As the proposed 1041 Hazard Review Map illustrates, a building envelope has been designated on Parcels 1, 2,3,4 and 11. In addition, the previously approved envelope on Parcel 10 has been expanded slightly to the north to reflect its revised .use for residential purposes. All of the envelopes have been designed to meet or exceed the minimum setback requirements of the underlying RS-30 zone district. The size of the proposed single- family residences will comply with the district's floor area limitation in effect at the time building permits are issued. ,4,. .(.".1. '. 10') ...}-i "I J......t"' C ",0 ~ ^' ,,, ~ "\l' " ;l/".J , .0". 1,<: . ( I I'"~ ~"..~ Access to the building envelopes will be provided via individual driveways from Highway 133, the locations of which coincide with existing access points to the property. No new access roads will be required. Water and sewer service to the building envelopes will be provided via individual exempt wells and sewage disposal systems. Electric and telephone service will be extended to the parcels from existing lines located within the highway corridor. .Minimum grading will be required to accommodate t'ne proposed'resldeiices and no significant changes to the parcels' existing drainage pattems are anticipated. The proposed building envelopes were located based on the recommendations of the Colorado Division of Wildlife. Kevin Wright inspected the property and identified the riparian areas located adjacent to Thompson Creek and the Crystal River on Parcels 10 and 11, and the westemmost portions of Parcels 1, 2, 3 and 4, as the property's principal areas of wildlife concern. As discussed previously, the riparian areas are apparently frequented by bald eagles while the westem portions of Parcels 1 through 4 are extensively used by the area's deer population. The proposed enve- lopes are entirely consistent with Kevin's recommendations and completely avoid his identified areas of wildlife concem. As discussed previously, Parcell contains a small existing single-family residence while Parcel 11 contains a former dwelling unit which is presently uninhabitable. These structures will either be demolished or converted to caretaker dwelling units prior to the issuance of building permits for the new single-family residences to be constructed in the proposed building envelopes. A requirement to this effect is acceptable to the Applicant as a condition of 1041 hazard review approval. 1041 Hazard Review Pursuant to Section 3-80-010.B.2. of the Land Use Code, the development of single- family dwelling units and customary accessory uses located within certain 1041 hazard areas may be approved by the County's Hearing Officer. While the proposed "-""'" Ms. Suzanne Wolff December 7, 1998 Page 4 building envelopes completely avoid the property's mapped geologic and floodplain hazard areas and the areas of ""ildlife concem identified by the Division of Wildlife, all of the envelopes are subject to low wildfire hazard. In addition, the envelopes are located within one-quarter mile of critical wildlife habitat. It is my understanding, however, that both of these areas of 1041 concem can be reviewed and approved by the Hearing Officer. Based on the above, the Applicant's proposed development complies with the applicable criteria for Hearing Officer 1041 hazard review approval. All identified hazards have either been avoided or can be easily mitigated. The accompanying draft 1041 Hazard Review Map wiII be revised as may be required and recorded with the Pitkin County Clerk and Recorder upon the receipt of 1041 hazard review approval from the Hearing Officer. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, LLC c:\bus\county.app\app33396.haz I ...., "". ~ 1'-:1 EXHIBIT 2 . LAW OFFICES OF OATES, KNEZEVICH & GARDENS"WARTZ, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE ASPEN. COLORADO 81611 LEONARD M. OATES RICHARD A. KNEZEVICH TED D. GARDENSWARTZ TELEPHONE (970\920-\700 FACSIMILE (9701 920-1 121 e~mail ohkg@rof.net November 12, 1998 DAVID S. KELLY OF COUNSEL: JOHN THOMAS KELLY Aspen/Pitkin Community Development Department 130 S. Galena Street Aspen, CO 81611 HAND DELIVERED Re: Statement of Title and List of Adjoining Property Owners / Crystal Valley Ranch LLC's 1, 2, 3, 4and5 Dear Sir/Madam: You will please find attached hereto a Statement of Title and List of Adjoining Property Owners for certain lots owned by the Crystal Valley Ranch LLC No.'s 1,2,3,4 and 5. If you have any questions please give me a call. Very truly yours, OATES, KNEZEVICH & GARDENSWARTZ, P.C. By~~11 ftt LMO/amc Enclosure C;\dala\Clien1sVeU~k\LJr $asSQ1IQ 11-]2.98 ,~ t"'\ STATEMENT OF TITLE AND LIST OF ADJOINING PROPERTY qWNERS PARCEL NUMBER: TAX SCHEDULE #: LEGAL DESCRIPTION: Parcel: 3 Tax Sched: 2463223000Q2 Legal: See Exhibit" A" Parcel: 10 Tax Sched: 246327200017 Legal: See Exhibit "B" TITLE HELD IN THE NAME OF: Crystal Valley Ranch I, LLC Crystal Valley Ranch I, LLC "-~ '"'."~.,,, ADJOINING PROPERTY OWNERS CrySlal Valley Ranch 3, LLC P.O. Box 2202 Aspen, cq 81612 Crystal Valley Ranch 4, LLC P.O. Box 2202 Aspen, CO 81612 Crystal Valley Ranch 5, LLC P.O. Box 2202 Aspen, CO 81612 SBS Family Ltd. Plr. 6333 Hwy 133 Carbondale, CO 81623 Colorado Department of Transportation 222 South 6m Street Grand Junction, CO 81502 Crystal Valley Ranch 2, LLC P.O. Box 2202 Aspen, CO 81612 Crystal Valley Ranch 4. LLC P.O. Box 2202 Aspen, CO 81612 CrySlal Valley Ranch 5, LLC P.O. Box 2202 Aspen, CO 81612 Duck Meadow B, LLC 2020 Lewis Lake Road Carbondale, CO 81623 Steven W. & CynthiaL. Tanis P.O. Box 636 Carbondale, CO 81623 Alison Madhavi Bradford P.O. Box 397 Carbondale, CO 81623 Colorado Department of Transportation 222 South 6lh Street Grand Junction, CO 81502 Page I ~;!,j .~ PARCEL NUMBER: TAX SCHEDULE N: LEGAL DESCRIPTION: Parcel: 1 Tax Schoo: ;246327200016 u:gal: See Exhibit "C' Parcel: 2 Tax Sched: 2463223??oo3 u:gal: See Exhibit "D" TITLE HELD IN THE NAME OF: Crystal Valley Ranch 2, LLC Crystal Valley Ranch 3, LLC ADJOINING PROPERTY OWNERS Crystal Valley Ranch 1, LLC P.O. Box 2202 Aspen. CO 81612 Crystal Valley Ranch 3, LLC P.O. Box 2202 Aspen, CO 81612 Crystal Valley Ranch j, LLC P.O. Box 2202 Aspen, CO 81612 SBS Family, Ltd. Ptr. 6333 Hwy 133 Carbondale, CO 81623 Ian McMaster Carney Andrea Lee Teaul 6315 Hwy 133 Carbondale, CO 81623 Colorado Depanment of Transportation 222 South 6th Street Grand Junction, CO 81502 Crystal Valley Ranch I, LLC P.O. Box 2202 Aspen, CO 81612 Crystal Valley Ranch 2, LLC P.O. Box 2202 Aspen, CO 81612 Crystal Valley Ranch 5, LLC P.O. Box 2202 Aspen, CO 81612 SBS Family, Ltd. Ptf. 6333 Hwy 133 Carbondale, CO 81623 Colorado Deparnnent of Transportation 222 South 6th Street Grand Junction, CO 81502 Page 2 ~ PARCEL NUMBER: TAX SCHEDULE #: LEGAL DESCRIPTION: Parcel: 4 Tax Sched: 2463223??oo1 Legal: See Exhibit "E' Parcel: 11 Tax Schoo: 246322300004 Legal: See Exhibit "P" ~ : t~ (t12J ViV- J{ f' \['\ TITLE HELD IN THE NAME OF: Crystal Valley Ranch4,LLC Crystal Valley Ranch 5, LLC t") ADJOINING PROPERTY OWNERS Crystal Valley lUnch I, LLC P.O. Box 2202 Aspen, CO 81612 Crystal Valley lUnch 3, LLC P.O. Box 2202 Aspen, CO 81612 Crystal Valley Ranch'S, LLC P.O. Box 2202 Aspen, CO 81612 SBS Family, Ltd. Ptr. 6333 Hwy 133 Carbondale, CO 81623 Colorado Department of Transportation 222 South 6Ul Street Grand Junction, CO 81502 Crystal Valley lUnch I, LLC P.O. Box 2202 Aspen, CO 81612 Crystal Valley lUnch 2, LLC P.O. Box 2202 Aspen, CO 81612 Crystal Valley Ranch 3. LLC P.O. Box 2202 Aspen, CO 81612 Crystal Valley lUnch 4, LLC P.O. Box 2202 Aspen, CO 81612 Crystal Valley lUnch 5, LLC P.O. Box 2202 Aspen, CO 81612 Alison Madhavi Bradford P.O. Box 397 Carbondale, CO 81623 Linda I. Reser P.O. Box 1306 Carbondale, CO 81623 Gertrude L. Peet 9738 County Road 113 Carbondale, CO 81623 Page 3 1"'" ,c:;;:" PARCEL NUMBER: TAX SCHEDULE D: LEGAL DESCRIPTION: (Continued) Parcel: 11 Tax Sched: 246322300004 Legal: See Exhibir "I'" TITLE HELD IN THE NAME OF: ( Continued) Crystal Valley Ranch 5. LLC ADJOINING PROPERTY OWNERS (Continued) Phillip Henke 0275 Thomas Road Carbondale, CO 81623 H-Lazy-F Trust 0164 Thomas Road Carbondale. CO 81623 Austin F. Heuschkel 0164 Thomas Road Carbondale, CO 81623 David & Linda Chambers 0353 North Thomas Road Carbondale, CO 81623 Colorado Department of Transportation 222 South 6'" Street Grand Junction, CO 81502 Page 4 "" t!""\' " '44 EXHIBIT "A" PARCEL NO.3 (303) 945-1004 FIo:J. (303}945-5S48 -- =S ~ G ~ . ,l\\==== Q:l.ll0i:lW~ '18 West 5th. Suil.4 200 Glenwcod Springs. CO 81601 . DESCRIPTION-PARCa 3 A tract of land situate in Section'22',!ownship 8 South, Range aa West of the 6th Principal Meridian being more particularly described as foltows: Beginning at; a point ,^,~enc:etha sou~hWest ~rnerofsaidSe~io:n,~ ~,~a~s,~,OOQ 1 0'0,3" W , 521.35fe,et; thence S~9~59'Sl-E~b~,~ .7~1"7tto,,#',l:t \y~ri~h~-<)!:\-Vayline of Colorado State Highway No. 133 as'descnc~di~,~oo,,1~~,,:~ Page ~06 of the rec:o~9~.~!"th~9,etk and Recorder of p"ttkin County, CoIC)(;!~(); thence along "said right-of.way [ina the f~q~wing 'course: S 402S'S4"W 773.69Je~t~ 'thence 589059"51. W 1993.51,t~~~~?m~'lN~_~neof said .Section ~; thence N Oo'fb'03'.''E ~Tl1.3~!e~talongsajd west lin';: to'thepolni"of beginning, said parcel contains.3!:i.S1S'acrf!S M. ore,or IE!SS.' .....,...."^.~,;,"':.,,,.,.if;gi.,..:,'.;. ,., ,..".".,,".,,"'.e, i I I i ! .- c:c., EXHIBIT "n" PARCEL NO. 10 ........ ::> ......... . GM_ -- = -- (203) 945-1004 FAX (303)945-5948 118 West 6\h, Sufle 200 Glenvrood Splings, CO BleOt DESCRIPTION-PARca 10 A tract of land situate in Section 27. Township 8 South. R.ange 88 West of the 6th Principal Meridian being more particularly described as follows: Beginning at a point whence the northwest comer of said Section 27be,ars N .85046'30" W 2051.02 feet; thence S saooo'oo. E 81 0.99 feet to ID13,ea::itHne of lot 3o,fsaid Section' 27 feat; thence S OCl3Sr2S- W 691.59 feet to ~~,nor:tf1~est,eorner of ,Lot 7 of said Section 27; thence N 89052'30"'e 1087.aOfeetalong the north fine otlot 7to the northea& eomer of Lot 7; 1:hence S O"30'42"W 475.14 along the east line of said Lot 7j thence N 89029'18" W 1088.84 to the center of.}hompsol'l Creek: thence along the center of Thompson Creek the foltawing courses:S 61 o40"03~W"~11'!8f~,,,t; thence S 44023'23" W 194.98 feet;: thence S 66008'48- W 69.53 feet: 'thence' N 29059'59- W 44~79 feet; thence S 51007'00" W 76.63 'feer. thence S 26001'14" W 68.18 feet;- thence 5 83019'52-W 92.07fe.et: thence N 61022'OS"W 91,22 feet: thence S 72027'3'''W 214.40 feet; theoe eN 81041'59. W 66.49 feet to the east right..or-way line of Colorado State Highway No, 133 as described in Bock 191 at Page 507 of the records of ;the Clerk: and Recorder of pitlcin County, Colorado; thence along said right-of-way line the following course; N 4 2854 E 1550.71 feet to the point or beginning, said parcel contains 39.951 acres more or less. .- ~, 1"\ EXHIBIT "C" PARCEL NO.1 (303) 945-1004 FAX (303) 945-5948 --- ~G ::> GM= -- - -~ ns West Sltl. Suite 200 GleoWO<<l Spnnss. CO 81601 . DESCRIPTION-PARca 1 A tract of land situate in Section 27,'Township S South. Range S8 Wescof the I 6th Principal Meridian being moreparticular1y described as follows: . . Beginning at a point whence the northwest cotner of said Section 27 bears N OO~18'30- E 47.38 feet; thence 5 89059'45"e 1933.44 feet tot,he westng~t~~-f:"~a\; li'l:c orCOlora~o State Highway No. 133 as descrIbed in Book 191a~f'age 506 of the records afthe eterk and Recorder ofF"rtkin CountY. eof9IC1Qp;'thenc;e along said right"'<)f';way"line the follow-mg"course; S4028'54-W 1637.20' feetfo~thecenter iJf Thompson Creek;menc:::eN'8'fa41'5ef"W 172.59 along the center of said cr:eek; menee S8.~~5.2'17~W t08~3':2'along'the'ce'~'r'" I of said creek. to west line of lot 40f said Section 27; thence N 0032'24""' e S36.60along said west line; thence N 89A55'48.W 1539.34 along the south line of Lot 4 to the West line of Section 27; thence N 00 t8,'30. e 782.43 feet along said west line to the point of beginning, $aid parcel contains 40.155 acres more or less. ';d] ~ ("13) 945.1004 FAX(303)945~948 DESCRIPTION-PARCEL 2 EXHIBIT "D" PARCEL NO.2 .- S :5LW~ G M- -- -- ~ 118 West 6th. Suite 2.00 Glenwood Springs. CO a1601 ,- ,",:" A uact of land situate in Sec:tions 22 and 27. Township 8 South, Range 88 weSt of the 6th Principal Meridian being more particularly described as follows: ;! Beginning at a point whence the southwest .::orner of said Section 22 bears S OOQ10"03'"W 750.03 feet; thence S 89059'51- E 1993.51 feetmthe west right-of-way line of Colorado State Highway No. 133 as described in Book 191 at Page 506 of the records of the Clerk and Recorder of Pitkin Count'{" Colorado; thence along said: right-of.way line the following course: S 4c28'54"W 800.08 feet; thence N8go59'45"W 1933.44f~et to the west line at said Section 27; thence N 0018"30" E 47.38 to the northwest comer of said Section 27; thence N DC> 1 0'03'" E 750.03 feet along the west line of said Section 22 'tome point of beginning, sail" parcel contains 35.947 acres mor80r less. ~ '"" , EXffiBIT 'E" PARCEL NO.4 (303) 945-1004 FAX (303) 94~4S ..- =s -- GM - = -- 118 Vlest 6th, Suits 200 Glet1wood ~prings.CO 81601 DESCRIPTION-PARCa 4- A net of land situate in Section 22. Township a South. Range 8S West of the 6th Principal' Meridian being more particularly described asfollo....,:s:: Beginning at a point whenc8thesouth\N~ c;orne!f"of,5,~ig,~,~~on,~f,ge;sr~",Si, ()9~J9':9~~,\tI{ 22?~~5? f~e~: ~e~c~,?",~90S9~~()~ ~3.1~~,._~ lf~tl~~O"t;t;~"~~~righi.:.of-~~Y 't(;e "o'~"t'oloracfo' 'StamHighmy No. 133 as'describea in S-OOK 191at Page 506 of th~re,c:ords, or~~~ ,9~ i!t}~ Recorder of Pitkin County, Colorado; thenc::a _along said right--of~way line the fo{fowing'course S4028'54"W 759.01 feet; thence S,,8~o!5~,"~1:~,_Y'c,39~1.?~ f~~t,'I:~'~I!,_'t'~Hr1e~f :iaid Section 22; thence N Q010'()3" E 757~~q,fe:~1:,~fo~~sil.id weSt line'to the' point of " begiMin9, said parcel contains 36.149 aaeStnore ,or fess~ ' I. "'~, EXHIBIT "F" PARCEL NO. 11 (303) S45-1004 FAX (303) 945.5948 '"""""'" ====5 ~ G . M- ......... = --- 118 West 6th, Suite 200 Glenwood Springs. CO 81601 DESCRIPTlON-PARCEL 11 A tract of land situate in Sections 22 and 27, Township 8 South, Range 88 We~-c of the 6th Principal Meridian being more 'particularly described as follows: Beginning a,t a point whence the southwest corner of said Section 22 bears N 8504Q'30"W 2051.02 feet; thence along the east right-of-way line of Colorado State Highwav No. 133 as described in Baal< 191 at Page 506 and 507 of the records of the C[erl< and Recorder of PItkin Count"{, C:\lorado; thence along said right-of~way line the following courses: N 4028'54" E 132.31 feet; thence N 4028'54 "e 3140.80 feet: thenee 326.80 feet along the arc of a curve to the right, having a radius of 3760.00 feet~ a central angle of 4058'47", and subtending a chord bearing N 605S'20" E 326.70 feet; thence N 5055'57" E 297.90 feet; thence 325.30 feet along the arc of a curve to the right. having a radius of 3790.00feet, a central angle of 4055'04", and subtending a chord baating N 16025'27" E 325~20 feet; thence N 18052'57" E 72.10feet: thence N 20047'27"E 560.72 feet to the east line of the El/2 of the NW1I4 of said Section '22: thence S 0042'::3 t.. W 2856.18 feet along said east line to tlie" northwest corner of Lot 11 of said Section 22; thence N 90000'00" E 225.64 feet to the nort:heast comer of said Lot 11; thence S Q035'23"W 1932~ 1 Sfeat along the east line of said Lot 11 and Lot 3 of Section 27i'thence N 90000'OO"W 810.99 feet to the point of beginning, said parcel contains 53.688 acres more or less EXCEPTING those parcels described in Book 193 at Page 392, Book 210 at Page 571 and Boole 467 at Page 661 and Book. 250 at Page 80S ail of the records of the Clerk and Recorder of Pitkin County, Colorado. t!"'\ r'\ Jf 5' DETERMlNATION OF THE HEARING OFFlCEROFTHIt tdMMuNrtY DEVEI.:OPl'I1ENT . DEPARTMENT OF PITKIN COUNTY, COLORADO, REGARDIN"G THE CRYSTALVAL.LEY RAt'lCH 1041 HAZARD REVIEW AJ.'ID CONCEPnJAL SlJBMrSSION Determination No. 99-~ RECITALS , I. Crystal Valley Ranch LLC, Nos. 1,2,3,4 and 5 ("Applicant") have applied to the Pitkin County Hearing Officer ("Hearing Officer") for 1041 Hazard Review approval to establish building envelopes on six separate 35+ acre parcels to construct single-family residences. 2. The parcels are' located adjacent to Highway 133 in the Crystal River Valley, approximately 4 miles south of Carbondale, are referred to as Crystal Valley Ranch, Parcels 1,2,.3,4,10 antill, and are more specifically described in Exhibits A-F. 3. The parcels are zoned RS-30 and contain 40.155 acres, 35.947 acres, 35.815 acres, 36.149 acres, 39.951 acres and 53.688 acres, respectively. 4. The Hearing Officer heard this application at a public hearing on March 16, 1999, at which time evidence and testimony were presented with respect to this application. 5. . The Hearing Officer finds that the proposed building envelopes avoid the riparian area and the floodplain of the Crystal River and "'i1.ompson Creek, are located on slopes of less than 15%, and avoid the sensitive mule deer and elk habitats as identified by the Division of Wildlife; and that the wildfire hazard for each parcel is rated as low, and can be mitigated. 6. The Hearing Officer also finds that the building envelopes can be reduced in size in order to comply with the provision of Section 3- 70-060(C), Irrigated Areas, that requires preservation of95%ofthe historically irrigated lands. NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that 1041 Hazard Review and Conceptual Submission approval is hereby granted to Parcels 1-4, 10 and II of the Crystal Valley Ranch, subject to the following conditions which shall run with the land and be binding on all successors in interest: 111111I1111I1111I111111111111111111111111I1111111111111 430086 04/21/1999 12:!50P DETER"fifXH DlIVl$: $ILVI 1 0' 11 R 0.00 D 0.00 N 0.00 PITf<lR'cOUNtY CO Exhibit, 5 ,'"',, "f'; 1.'.1., f{t,,~ (~ Hearing Officer Determination No. 99-~ Page 2 I. The Applicant shall submit an amended 1041 Site Plan to the Community Development Department for approval and recording, prior to submission of any building penn it applications. The site plan shall also be submitted in digital format for integration into the County'sGIS system. The site plan shall be modified as follows: . A. Reduce the size of the building envelopes in order to ensure that 95% of the acreage historically available for human food production, or hay, grain and other feed crops for livestock is preserved. B. Include a note disclosing the existence of irrigation ditches on the parcels that require periodic maintenance and that should be consid<:red by the owners when locating residences. 2. Prior to recordation of the 1041 site plan, the Applicant shall obtain an inspection of the existing structure on Parcel II by the Chief Building Official pursuant to the "nuisance" provisions of the UBC. If the structure is deemed a nuisance, the Applicant shall comply with the requirements of the Chief Building Official. If the structure is not deemed a nuisance, the owner of the parcel shall either demolish the structure or apply to retain the structure as a deed restricted unit, prior to submission of any building penn its for a new residence on the parcel. 3. Prior to submission of an ISDS penn it, the owner of each parcel shall provide documentation to the Environmental Health Department as to an adequate quantity and quality of water from a well. 4. Prior to submission of any building penn its, the owner of each parcel shall: A. Obtain approval of an ISDS pennit from the Envirorunental Health Department. The septic systems must comply with all minimwn horizontal setback requirements between its components and physical features. A qualified professional engineer must design the system. The septic systems shall be located within the building envelopes. If technical considerations, such as percolation rates, necessitate location of all or a portion of the septic system outside of the building envelope, the Community Development and Envirorunental Health Departments may review and approve a septic system location contiguous to the building envelope. B. File a tireplace/woodstove pennit with the Community Development Department. C.- Obtain an access pennit from the County Engineer for the proposed driveway. The access penn it for Parcel 10 shall include a detennination of the extent of the damage and a plan for reclamation and revegetation of the portion of the existing road that was constructed across the parcel without approvals or pennits; the plan shall be reviewed and approved by the County Engineer. D. Submit a drainage and erosion control plan (Parcels 10 and II only) for review and approval by the County Engineer. E. Provide a trip generation and construction trip generation study for any free market residential structure of 5,000 gross square feet or greater for review and approval of the County Engineer. A traffic engineering consultant hired by the Applicant and pre-approved by the County Engineer shall develop this study. Construction parking and material storage are prohibited on Section 36 Road. 5. The owner of each parcel shall comply with the following landscaping and wildfire defensible space . mitigation standards: . 1 11111I 11111 1111I1 1111 I!III 11111111I11111I1111111111111 430086 04/21/1999 12;S0P CETERMIN CAVIS SILVI 2 or 11 R 0.00 C 0.00 N 0.00 PITKIN COUNTY CO. "...." " "., Ii Hearing Officer Determination No. 99-~ Page 3 A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot perimeter around the strucnlre. 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. Spacing between clumps of brush and vegetationvvithin the30foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel. D. All branches from trees and brushwithin 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. E. Tree crown separation within the 30 foot perimettrs shall have a minimum of 10 feet between the edges of the croWt1s: F. All branches, which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of the structure shall be reduced. H. All deadfall within the 100 foot perimeter shall be r~moved. I. Low vegetation shall be maintained within a 10 foot perimeter around all structures. 1. The owner of each parcel shall be responsible for the continued maintenance of the defensible space vegetation requirements. 6. The owner of each parcel shall comply with the following additional wildfire mitigation standards: 1 111111 11111 111111.1111 1111I 111I1111111111rOIUlffi]lIr 43008604/21/199912:50PDETERI'IIN.pAVISSILVI 3 of 11 R 0.00 D 0.00 N 0.00 PITKIN COU~TY CO H. 1. 1. K. L. M. N. o. P. A. Roofs shall have a ClassA , non-combustible roof system. Wood shake/shingle roof coverings and flat roofs (up to a 4: 12 pitch) are prohibited in ~1I wildfire haz.ard areas. Vents shall be screened with corrosive resistant wire mesh with mesh Y. inch maximum. Roofs and gutters shall be kept clear of debris. Yards shall be kept clear.ofall litter, sl<iSh, lllldflammable debris. All flammable materials shall be stored ana parallel contour a minimum of 15 feet away from any structure. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. Swimming pools shall be acces~i~le to. Fire. Department vehicles. Fences shall be kept clear ofbrush and debris. Wood fences shall not connect to the structure. Any outbuildings or additio~al stru~!1lr,esshalladher,e, .tothesame standards as structures. Fuel tanks shall be installed underground with an approved container. Propane tanks shall be installed according to NFP A 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above- ground tanle Any wood enclosure atound ,the tank shall be constructed with materials approved for 2 hour fIre-resistive .construction on the exterior side of the walls. Each structure shall have a minimum of one 10 pound approved ABC fIre extinguisher placed in a visible and accessible location. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be clearly visible at the primary point of access from the public or commOrla:Ccess road and installed on a non-combustible post. New utility Jines shall be buried. B. C. D. E. F. G. .''''',,'''"'i.''''''''';'':''''''''-''''':i'''',c;.., '"",;;'~".~",.i"",g.""..,.",,; ,{,"":""',;>I<,;' .. I H! ~, l~ Hearing Officer Determination No. 99--1.. Page 4 7. The owner of each parcel shall comply with the following measures to mitigate impacts to wildlife: A. Onlv one dog shall be allowed on each of Parcels 10 and 11, and the dogs shall be ken~eled on Parcels 10 and 11, except for working ranch dogs when at ~ork. Dogs shall be prohibited on Parcels 1 - 4, except for dogs working as part of an agricultural- operation. B. Existing fencing sh2!l be brought into compliance with the fencing regulations in the Land Use Code,. prior tClmission of building permits for each parcel, and new fencing outside of the building enve.opes shall comply with the fencing regulations in the Land L.:se Code. C. Ensure that raptors cannot land or perch on the existing utility lines on Parcels 10 and 11. The County's Wildlife Biologist ora Division ot'Wildlife representative shall provide appropriate specifications and shall approve the raptor proofing device. D. All horse/livestock feed shall be enclosed in a barn or fenced with a minimum 8 foot high wildlife proof fence. - E. All exterior lighting shall be directed downward. F. No livestocklhorses shall be allowed to graze within 100' of the river/riparian area on Parcels lOand 11 or in the sagebrush along the western portion of Parcels 1-4. All grazing shall occur within existing grass meadows. G. Native vegetation, including the cottonwoods along the Crystal River, shall be maintained outside of the building envelopes. H. Domestic fowl shall be kept in fully enclosed pens with roofs to prevent disease transmission to wild turkeys. 1. Owners shall dispose of deer and elk carcasses on their property. J. Bear proof trash containers shall be required if the Division of Wildlife or County Wildlife Biologist determine in the future that bears are a problem. 8. No development, including grading, landscaping, vegetation removal or disturbance shall occur outside of the approved building envelopes, except for utility and driveway extension and maintenance, as may be necessary to implement the wildfire mitigation measures required elsewhere in this document, and if necessary to accommodate the well or septic system as described in condition #4A with approval of the Community Development and Environmental Health Departments. 9. The owner of each parcel shall comply with the following provisions regarding irrigation ditches: A. Grant access to irrigation ditches to ditch owners. B. Provide documentation at building permit submittal that the proposed residence will be protected from water flow that could result from breaching or overflow of the ditch, whether by grading the site to divert any water away from the residence, culv~rting the ditch, or other means. C. Design land uses to avoid flooding problems from flood irrigation. D. Place basements and soil absorption sewage disposal systems in locations where they win not be impacted by flood irrigation or seepage from irrigation ditches. 10. All material representations made by the Applicant in the application or in public meetings shall be adhered to and considered conditions of approval, unless amended by other conditions. 1111111111111111111111111111111111111111111111111111111 430086 04/21/1999 12:!0P DETERMIN DAVIS Sf LVI 4 of 11 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 1"""\ ^ . It Heczring Officer Determination No. 99-...!:L Page 5 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TI:i\1Es WEEKLY on the 16th day of January, [999. APPROVED AND ADOPTED this [6th day of March, 1999. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY !tiGHTS IN THE ASPENTIMESWEEKLYonthe~dayof 1\fv;\ ,1999. CO~lTYDEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO ATTEST: By ~6 ^Ni C~k L nce Clarke, Hearing Officer f2 Date "iNI qq I I APPROVED AS TO FOR.I\1: APPROVED AS TO CONTENT: c:- -:::- - J~o~~ ~m"y .-- . 'A1tfft;.~ 1/14/79 Cm y Houben, Community Development Director P161-98 PlD#2463-272-00-016/-0 17; 2463-223-00-001/-002/-003/-004 \suzannew\pitkin\cases\ I 041 \hearoft\cryvlrch.doc 111111I 1111I1111I11111111111111111111111111111111111111 430086 04/21/1999 12:. !0P.DETERI'IIN DflVI$. $tLVI ! of 11 R 0.00 D 0.00 N 0:00 PI1'l<ttCCbUflTY Cb I ~ // ~ ,C>. EXHIBIT 'A' PARCEL NO.3 (3031 !?45-- '004 FAX (302\ 945-S48 = 5G M==="" ~~- 1'8 west 6lh. SLit! ZOO GlenW:Qd Springs. CO B1601 . DESf=RIPT10N.PARCa 3 A tract of land situate in Seaion 2.2.. Township 8 SOUL'1, F.ange 88 Was< of L'1e 8th Principal Meridian being more partic:.Jlar{y d~ctroed as folloW's: I \ Beginning a: a poin: whence me SO'oL'1Wes: corner of said Sedon 22 besrs 5 00.10'03" W 1521.35 feet; thence S 55 .5S'5," E 2051.72 feet to L" wOS: right-<lf.way line of Colorado St;tte Highway No. 133 as descrfoed in Seol:. 1 51 a: Fage 505 of me records of me Clerk and Recorder of p"ltI<in County, Colorado; mence along said right-<lf-way line the foUowingcourse: S4.28'54"W 773.59 feet; L'1ene. S 89.59'51' W 1893.51 feet to me weSt fine ef said 'Section 22; thence NO.1 0'03" E 771.32 f.et along said weSt line to me point of beginning, said parcel contains 3::.815 acres more or less. ....... ~l\~~61!~I/"~l~!~1 '!~IIIIIIIIIIIIIIIIIIIIIIIIIIIIII 6 of 11 R 0,00 D 0,00!~P0DETERMIN DAVIS SILVI .00 PITKIN COUNTY CO / / . " p' ~, EXHIBIT ~B. PARCEL NO. 10 ~' 5 ~ . GM ~J~ ~- 11S We:st 6th, Suite 200 GenvlVOd Sj:lMgS. co 8'1601 (003) 9<S-10C4 F~ (303) .....5;.\8 DESCRIPTlON-PARCS. 10 :. A trQ.e-r of land Sftuate in Sectio~~T:,Tcwnship S~outh. Rang2 8S W~ ~.fth,e 5th Piir1c:?al Meridian being more particularly desc.-1~ed as follows: " Beginning at i!I point wh~nceth~,?Ort~~~;;~~er,of ~Q,icS:~i~n,~7b~ar.s.,.~;.?~04?:30,~,'!!; 2C::1.02 feet; th.ence S SocOO~OO. E S1C.SfS'fee~~ttfthe east line of Lo: 3 or said seCtion' 27 feet; thence S 0,0 3S~23,j^~'-~~' ~5~~eet~o thf: pci~,~~~9,~~r-o~J~,~t-o~~iid',~~:c:1~,n 27;t.~enC2 N SsoS:z.'30.E 1 OS7:aO(=~,=alCln9:he north"ffne of Lctftl:i:~j\~~nor:tttea~'C'c::n1:ef'-" of Lot 7; thenC1: S O';30'42",^,77~.'4a1,?n,g tt:'~e~ line, of said Lot 7; thenca'''''''-',"",w'-'~~''''~'''h- N 69029-18" W 1 088.S4"iO' y..e,cer.~"'~oT'Thor.fPson. Sreek: thence .along the caMeraf rnompsot't Cree~the J.~l[()~n~courses:' 551 o4-0'9,~.'-"2.i,i.?_at~~~ tnc:"ce S440Z3~23~ W 194_98 feet; ~eri:e"~~-6~~cr~'1~:.~_,,~Sl,~~~f~~;.~~n:~e-.~.~Si~9:;~?~,".vV:_-_.~<?:,~f~~~ thence 5 51 o07~OS- iN . 76:63 'feet; then'Cii"~s'''telJb'fr14.-W -' 6a.','g f'eee "thenCe S 8301='52- W 9'2.07te.et: thence N 61 o22."06~.W .....91.22.f"e.e~f..#i;H~e:'-S'7z~~'t3'!,,~,'N_ 214.40 feet; ~hen'e -N 8104,'59. W 6S.4Steet ~o ~'1eeeS:daht-of:;;'a)ntne 'cf f;Eiiorado State Highway No.1 33 as described in Bocle. i 91 ~t. Page 507 of tt1,e rec:ords of ~Io..e Cler):: and Recorder of pitkin Count"{. Colorado: thence along ,said right-of-way linetha following course: N 4- 2.554 E 1550.71 feet to the poir:-:: oi beginning, said parcel eontains 39.851 a::res ::\ore or less. ~lI0~~61'~~I'~"lI9l~I'1~.~0~IJlU~"lIIUJ~111'l~III 7 0' 11 ~ 0..00 D 0..00 N 0.00 PITKIN COUHT'( eo /' (303) 945- i004 FAX {303j945.5S48 .~ EXHIBIT "C' PARCEL NO.1 """""" ~..- ~1tS u,\,\. ""...".., -- ns West Slh, Suite 200 GlerlWocd Springs, CO a1601 DESCRIPTlON-PA?.es- '1 , A trac~ of land situate in Section 27. Township S Sol.C"'..h. Range 88 Wesr. of th~ I 6th ?rinc:pat Meridian being more parti:::-..Ilariy described as follows: Beginning at a point whs:1ce the nort.,we~ corner of said Section 27 b"ears N COCl18;~O" E 47.38 feet; thence S 89"59~45" E 1 933.44 feet to the west right-ot-way line of Coloratio State Highvvay No. 133 as descnbed in Book 1 91atPag= 5'06 oithe records of the Clerk and Recorder of F"1t1cin CountY. Colorado: thence along saIc: -ight-of-way line the following course: S 4028"54" W 1637.20 feet to the center of Thompson Cre:!ll:; thence N 81041'59'" W 172.59 along the center of said creek; thence S 820S2'17.W 108.32 arong the 'center of said creek to west line of Lot 4 of said Sactfon 27; thence N 0032'24- E 836.50aiong said west line; thence N 8soS5'4S.W 1539.34along the south line of'Lot 4 to the ~est line of Section 27; thence N 0018.'30. E 762.43 feet along said west line to t."e point of beginning, said parcaf contains 40.155 acres more or less. ~~t~~61!~~!'~lt1~lll'~0tll~U~l!flIIU'1'1'llnllll 8 of 11 R 0.00 0 0 00 N 000'PITK.IN . S SILVI '. COUNTY CO :" / ./'1' 1""'\ ~: w EXHIBIT "n" PARCEL NO. 2 .- Sc ....- M_ - -- 118 West ath., Suite 2.00 Glenwood SOMes, CO Sle01 . - . . ~ " . .. (:003\ 945.1Q04 FolX (3031 !l45';;..a DESCRIPTION-PARCEL 2 A trae':: of land situate in Sections 22 and 27, Township S-Sot..lth. Rance 88 weir. of the 6th' principal Meridiart being more parJe~larty c:Iesc..'"ibed as foltows: - ~' .':: ~ . Beginning at a point whence tl1e_s~~try_~~ _c:~l"Qe~. ot~~i~__~~~oC\_2?-_~e;~~ S 8901 o~a,,~~,w 750.03 feee thence S 8go 5,S'Sl. e: _ 1S~~~?lfeet to _~~ Yiest',rlg~~~~~way !in,eofCol~I'<!_~,? State Highway No. 133 as cie5,CI1b_et:i}~_8,~9~}_~ 1.,(1t ~,a,~e~9'S~~f'tha ~(:crdsof_~e _~~~~a~~_ . Recorder of PjOOn CountY. Colo~r:i~; thence,along sard: rignt:Qf..way arie the following course:' i S 4028'54" W 800.08 feet; thence_~8Sf~5'~'~~~: ~~~~,"4-4f~_et'U)the west rltlec~~aid , Section 27; thence N Q01S'30-E 47.38 to,tt\8 noi-tliwesrcomer of said Section:z7;~et'\~8 N 0010'03" E 750.0:3 fee,: along the west [ine 9f $Qid~~9?()~ ;~,~o, the~~int of be'ginning, sair parcel contains 35.947 ae:es more or less. ' ' ., 1\11\1\111111111.I11111,1111111111111111111\111\11111111\ 430086 04/21/199~ ",2:~0!' .DETE~I'!I:tCDAYISSILVI 9 of 11 .R0.00 D 0.00N 0:'0e:fll:tKill~(jIJIlT'r'~(l ----- ~~ ~ .- '"'1:, ~/" f~ / EXHIBIT 'E" PARCEL NO.4 (303)945-1004 r:AX {~l 945-:;4/3 "'=- ===s .suMOlCRS ~- - = ~- - '18 Wes:. Sth. Suite Z:.lJ Gietlwood 5prir:gs, CO a1S01 DESC.~P110N-?ARCa4 A ti3ct of land situate in Sedan 22. Township 8 South, Rar.r;e 88 West or the 6th. Princioal . Meridian being more particularly described as follows: " " Beginning at a point whence me southwest comer of said Sedan 22 bears 5 0001 O'03"\,V 2278.55"feet; thence S as 0 5.3'20. E 2.1 06.91.f~e~ .~O:.the .'Ne.h right-of-way [me or Colorado " State Highway No.1 33 as desc:1cedir. Book 191 at P"ag"e' S06 of the records of the CIeri:. ar.d Recorder of Pitkin Count'{, Colorado; thence alongsaic1 right.-of-way fine the following course . S 4.028'54- W 758.01 feet; thence S 89053"51" W 205'1.72 feat to the west fme or said Section 22; thence N Q.cI1 0'03- E 757.20 feetalcmg said west [fne to the point of beginning" said parcel conctin.s 36.149 ac:res more or less. . 111111111111111111111111111111111111111 "lnrlll'llr lur 430086 04/21/1999 12:!0P ~ETERMIN DAVIS SI~VI 10 of 11 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO .' \ r. EXHmlT "F" PARCEL NO. 11 \ - - ~5c . M --- ""_..... "8 West St.", Suite ZOO Glenwcoe Scrings. CO 81601 (3031 945-100. F,u (303) 94S.5S4a OESCRlPT10N-i'ARCEL 11 A tract' of land si1:uate in Sections 22a(1d ~7.Town$hip a Sou-........ Range sa WeSi. otthe 6th Princ:pal Meridian being more partic...darly described as follows: . \ \ . Beginning at a point whence the solJ"'..nwest C::lmer of said Sec~o~,~~ oear~,N a5,c~'30"VJ 2051.02 feet; thence along the cast right.-ot-wav line of Colorado S'Ute Highway No. 133 as described in Sook 191 at Page 506 and 507 of the records, of the qad:,_an~, R~co~~,e:~f,,~_~n CountY. Colorado; thenee along said ri9ht-of~way line the foUowing co~rses;"N'4'c2:a'5'"4'Oi1'E" 132.31 fee~ mence N4Cl2S'S4"e 3140.80 feecthanca :32.{5'~80,feeta,l~ng the arc of a curve to the right. having a radius ,ot:p60.00 feet, a-central al1gl:cf '4'0"58;47"". and subtending a chord bearing N 6058'20" E~2~.?c:J :f~:,~~tl1er:f(N 5lJ5_5'57'"_E2S7~_90 feet: thence 325.:3.ofee~,~_Il;Jng ~e ar=~f ~ curve totha right. hav1'ng a radius of 3790.00feet. a c:entral angle of 4055"04'" ,2nd subtending a chord b8aring N" 602S'27~ e 325~2~fee_t; thence N 18052.'S7"e 72.10 feet: thence N 2?047.27'"e SeO.7~:!I:~t tt)~8easi.i_lrie_oft't1e Et12 of the flN/1/4 ofsaids,ectic::[\~; th~nce S 00142'3 i- W 2S'S-S:i a feet along 'saId east line to the' northwest corner of Lot l' of said Section 22; thence N 90000'00'" E 225.64feet to the northeast comer of said Lot i i; thence Sco'35'2::"W _1,~~~~ i ~.-reeta(ong the east line of said Lot 11 and Lot 3 or Section 27;"thenee N SooOO'OO"'W e'foJ39 feefto the point of beginning, said parceicont8'ins 53.588 acres mere or less , EXCE.l7flNG those parcels described in Saok. 193 at Page 392; Book. 210 at Page:71 and Book 467 at Page 661 and Book. 250 at Page SOS aU of the reccrcs of the Clerk and.Record~r of Pitkin CountY, C.=Ilorado. ~ ',- gt~~e ~'~~!f~i\!f' !~!~0~'I~t!~ll!~"U!~111'l~III . PITkIN COUNTY CO ~ PITKIN COUNTY LAND MANAGEMENT MEMORANDUM TO: FROM: SUBJECT: DATE: Suzanne Wolff, Pitkin County Community Development Jonathan Lowsky, Pitkin County Wildlife Biologist Crystal Valley Ranch 1041 Hazard Review 02/15/99 The Crystal Valley Ranch contains mule deer winter range, severe winter range, winter concentration areas and critical habitat, elk winter range, severe winter range, and critical habitat. Discussions with Kevin Wright, CDOW, revealed that the majority of winter mule deer and elk activity occurs in the sage and pinyon-juniper north of parcel 4 and the upper (western) portions of parcels 1,2,3, and 4. It was apparent from tracks that the Crystal River riparian zone is used heavily by mule deer (parcels 10 and II). In addition, parcels 10 and 11 contain large amounts of high quality narrOw leaf cottonwood- and willow- riparian habitat along the Crystal River and Thompson Creek respectively. The Crystal River cottonwood riparian zone in parcels 10 and 11 contains active bald eagle winter roost sites. Other vegetational communities on the property include Gambel oak-serviceberry, pinyon-juniper, mixed introduced grass pasture, and mountain sage. Wildlife observed on the property included mule deer, Merriam's turkeys, a red-tailed hawk (perching - no nest was found or is known), Wyoming ground squirrels, bald eagles, coyote (tracks only), red fox (tracks only), and numerous wintering songbirds. Black bears are known to be active in this area. RECOMMENDATIONS TO MINIMIZE ECOLOGICAL IMPACTS: 1. Dogs should be kenneled on parcels 10 and II as per Section 3-80.80(C)(2) of the Pitkin County Land Use Code. 2. Dogs should be prohibited on parcels I, 2, 3, and 4 as per Section 3-80.80(B)(5) of the Pitkin County Land Use Code. 3. Building envelopes in parcels 10 and 11 must be at least 100 yards from the Crystal River riparian zone defined by the western edge of the riparian cottonwood stand as per Section 3-80.80(A)(9) of the Pitkin County Land Use Code to protect bald eagle winter roosting habitat. 16 SERVICE CENTER 6IAD . ASPEN. CO . 61611 PHONE: 910/970.5395 . lAX: 910/970.5314 , Exhibit ~ ~ ~/,:;:?, , C,..j " ~ri r 4. Developers, builders, and property owners should be informed that the Pitkin County Land Use Code explicitly prohibits the removal of vegetation in riparian areas (Section 3-80.80(0)(3)). 5. Fencing must be prohibited outside building envelopes and perimeter fencing should be avoided. Any existing fences should be required to be brought into compliance with Pitkin County Fencing Guidelines. 6. Installation and use of approved bear-proof trash containers! should be required. 7. Infrastructure consolidation ben",fjts wildlife by minimizing, habitat fragmentation. Consequently, roads/driveways should service more than one house. If you have any questions, please call me at 920-5395. ! A bear proof trash container must be a fully enclosed, steel container of any size with a steel lid that has a two step opening mechanism. Approval is granted by the Pitkin County Wildlife Biologist Or personnel of the Colorado Division of Wildlife. . 2 w. ,~ . STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES John W. Mumma, Director 6050 Broadway Denver. Colorado 80216 Telephone: (303) 297.1192 DIVISION OF WILDLIFE AN eaUAl OPPORTUNITY EMPLOYER ~""" "'"7; ,~o For Wildlife - For People 1-6-98 JAN 8 1999 Pitkin County Community Development 130 S. Galena Aspen, Co 81611 _,....0.', ~. RE: Crystal Valley Ranch Dear Suzanne: Parcels 1-4 of Crystal Valley Ranch lie within mule deer winter range with severe winter taIlge, winter concentration area, and critical habitat located along the west portion of the parcels, generally above 6,400', in the sagebrush and pinon juniper and on the mesas above the parcels. These habitat types are also located in the area north of parcel 4. Elk winter taIlge generally occurs in the sagebrush and pinon juniper along the western portion of the parcels and the Sweet Jessup Ditch. They may venture down into the fields occassionally. Elk critical habitat and severe winter taIlge occur west of the ditch and up on the mesas above. Parcels 10 and 11 lie within mule deer winter taIlge. There is very little to no elk use on these parcels. The greatest value of these parcels is the cottonwood riparian zone along the Crystal River which is used by a variety of wildlife species. Wintering bald eagles, as well as a variety of other raptors and owls, will use the cottonwoods as feeding and resting perch sites. Mountain lion inhabit the mesas surrounding the property and could venture down near the proposed homesites. In addition, wild turkey are found throughout the area and will feed in the fields and along the ditches as well as in the sagebrush, oakbrush, and pinon juniper areas. They could also roost in some of the cottonwoods along the Crystal River. There is a mule deer highway crossing along the boundary of the property. However, the main crossing is located north of parcel 4 where the pinon and sagebrush come down to the road Mule deer are hit by cars along the length of the property. Homesite locations have been selected to help minimize impacts to wildlife by locating the homes away from the more sensitive areas as was indicated in the application. I would encourage the homesite locations to be maintained as proposed unless the applicant would choose to cluster homestes 1-4 near the southern end of the parcel. In addition, the following reconimendations will help minimize impacts to wildlife: 1. All current fencing be brought into compliance with fence code (includes boundary fence, highway ROW fence) to make them more wildlife friendly. Minimize the amount of new fencing 2. All utilities be buried or made raplor proof 3. No livestocklhorse grazing in the sagebrush along the west portion of parcels 1-4 or within 100' of the river/riparian area for parcels 10 and 11. Keep alllivestocklhorse grazing in existing grass . meadows. 4. Alllivestock/horse hay be fenoed at owners' expense with 8' mesh gaole proof fencing to prevent gaole dantage to haystacks 5. Maintain cottonwoods along the Crystal River riparian area 6. Any domestic fowl be kept in fully enclosed pens, including roofs, to prevent disease transmission to wild turkeys 7. All exterior lighting be directed downward DEPARTMENT OF NATURAL RESOURCES, Wade Buchanan, Acting Executive Director WilDLIFE COMMISSION, Chuck Lewis. Chairman. Mark LeValley, Vice Chairman. Bernard L. Black, Jr.,Secr Dorthea Farris, Member. Philip James, Member. Arnold Salazar, Member. John Singletary, Member " Exhibit 7 ~ , 8. Limit to 1 doglhome with a kennel restriction. If this cannot be adequately enforced then no dogs for parcels 1-4 would be best. 9. Deer or elk mll)' die on homeowners' property. Homeowners will need to take responsibility and properly dispose of the carcasS' 10. Homeowners be provided brochures on "Living With Wildlife". I have included copies for your convenience Thank you for the opportunity to comment If you have any questions, please give me a call. Sincerely, Kevin Wright District Wildlife Manager CaIbondale *, r'\ ASPEN/PITKIN COMMUNITY DEVELQPMENT PErARTMENT Al!:reement for Payment of Pitkin COlmty Development Application Fees ;'''',., ',,:,~:>H ,,~"',' . ,{.....',';,~,:.:,..,'{...,.:.,...,',...',....:........,.._"'""... .. ..'.c...:..:..,...".,"",:".... PITKIN COUNTY (hereinafter COUNTY) and -r/.;, f(Jt ~M./ )aA Oz" f.::u,J. J ~A Pf~C~Ot(h~~ APPLICANT) AGREE AS FOLLOWS: / 1. APPLICANT has submit ~ (hereinafter, THE PROJECT). 2, APPLICANT understallds and agrees that Pitkin County Ordinances No. 98-7 and 99-37 establish afee structure for P1<ll1I1illg applications and the . . .".,.,..'..'..........:,...,'".":.,'..'.~..........,,.....,...:,''.......;;..".......,..,.,;:.'.'.. .. '. . payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs illyolYt:clill processing the application. APPLICANT and COUNTY further agree that it is in the. illtt).r.est gf th.eparties for APPLICANT to make payment of an initial deposit and to thereafte:r permit additional costs to be billed to APPLICANT. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT's application. 4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission ::llld/or Boarcl. gf Coll.ll1:y Commissioners to enable tht) Planning Commission and/or :Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. ",- ~ """",."",.,,,,"..,.,,,.,'..",,'.; ....':"..,.......:, :;>.,......", .';'" '...; ,'..,'" .. ;.'~:"i~,;' 5. Therefore, APPLICANT agrees that in consideration. of the ^"...,................., COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $..,( which is for hours .of staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY fqf .the proct:)ssing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANTfurtht:)r agrees that failure to pay such accrued costs shall be grounds for sllspension of processing. PITKIN COUNTY APPLICANT'*' Cindy Houben Community Development Director 1'~~~~fiJ~ ~ Signature Date: ~/e h(J , Mailing Address: ,r-?/J G' /JIa./rJ 4~ Co/a Yet dO' ~/~I/ 1<,& A r 'h( v-n a.E ~. g:\support\forms\agrpaypt.doc 05/05/00 _T. """".,.~,:";.,+;+,"""..,.."'",:.",,,.,. ".'..A.....'.,..',..;:,....,;." ,;,.v..".".."",,;,..,,,.,.Ji.{':, ASPENIPITKIN COMMUNlTVQEYEl,OPl\1:Ji:NT DEP ARTl\1:Ji:N'f 130 S~u'th G~I~naSt~~et ..., ... . Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: Attorney Zoning Engineer - hourly CSFS CDOW Wildlife Officer Crystal River Caucus FROM: Suzanne Wolff, Community Development RE: Crystal Valley Ranch 1041 H~arclB!lxie'lYAm!l.P!!m~!!L. 2463-272-00-016 P130-00 DATE: October 3, 2000 Attached for your review and commentsaJ'ematl':ria!sfoLlltl,app1ication by Piktin County Open Space & Trails and Conservation Fund. This application will be reviewed by the Pitkin County Hearing Officer on December 19, 2000. Please return your comments to me Noyember 17, 2000. PLEASE RETURN APPLICATION MA'fERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED' OF THEM: ., .' 'A ... ',." . .... Thank you. ...- ~ .~". ,'^ ,,- ~~ - ".,"".._".y""~_"",.""".",,',,,.,.,, "",;",.,,,.,..,C,";',,/: ! ~ 1 ~. f' ~. , 'C~1J~~~~::~~:,~_"1 1905bulh'UaI~n.i':3tre~t"S_'" ..: ..1 Aspen, Colorad.o 816n-" . .............-+ . (97?J 9~~'50!rO"-''''' .... .' . :r' l>itJiiii1JOunly--"""-~~-~-'-"-" Land Use: 1 Board 6fAdjusfulitiit . . . j Coun'ty'tand"Use15Ode ............ .......... "._w ... h.' 1 .bepos1t.;....:....:..:.....:.:..:::'-:.7//d ":'..::: t ~~:=~~~j --, - - ,-, " . ',,"<>-;. ':':fi',,":; 'f ReferraIFees:'.... ... '. ..... . ........ '.. RFrr5'..A'i;cess.J5eim1f-..'-.._......._.~.._.._-.-_....,;..._...... ~~~O r'~~~~::~~;~:e.~..~::~:.....::_....".. .:::,:::~;..~:~'r 194.' ..' Enviionnie nf"rfteafar......'. ....;....~c...;;.;;...,;.... Me ::..:'~:.:,. " 19-8----'--"C"~1Tng~~---";,.-'-'--~~"I~~-~--'"---"'''v~'~--'".~~~~::' ".'. 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