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pitkin.planning.264309401002 (2006)
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) s RESOLUTION OF TILE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ALLOCATING 2006 RURAL AREA GMQS ALLOTMENTS FOR NEW SUBDIVISION LOTS/35+ ACRE PARCELS Resolution No111$~-2007 RECITALS On May I, 2007, the Planning and Zoning Commission ("Commission") held a duly noticed Public Hearing, at which time evidence and testimony were presented with respect to Rural Area Growth Management applications. 2. The Commission reviewed the following applications for the 2006 Rural Area GMQS Allotments competition for New Subdivision Lots/35+Acre Parcels: • Chaparral Aspen Remote Parcel #6 (Case P216-06): Woody Creek Ventures LLC requested 750 square feet for a cabin on 35+ acre parcel in the Rural/Remote zone district. • Chaparral Aspea Remote Parcel #7 (P217-06): Woody Creek Ventures LLC requested 750 squaze feet for a cabin on a 45+ acre parcel in the Rural/Remote zone district. • Chaparral Aspen Remote Parcel #8 (P218-06): Woody Creek Ventures LLC requested 750 square feet for a cabin on a 35+ acre parcel in the Rural/Remote zone district. • Chaparral Homestead #2 (P214-06): Wilhelm Family Limited Partnership requested 5,000 square feet for a residence on a 35+ acre parcel in the RS-20 zone district. • Chaparral Homestead #]0 (P215-06): GSH Ranch Holdings, LLC requested 5,000 square feet for a residence on a 35+ acre parcel in the RS-20 zone district. 3. The Commission scored the applications as follows: Chaparral Aspen Remote Parcel #6: 22,32 Chaparral Aspen Remote Parcel #7: 22,32 Chaparral Aspen Remote parcel #8: 2232 These scores meet the threshold requirement of 22 points, and, therefore, the Applicants are eligible for the requested development allotments. • Chaparral Homestead #2: • Chaparral Homestead #]0: 18.66 17.66 These scores do not meet the threshold requirement of 22 points, and, therefore, the Applicants are not eligible for the requested development allotments. ~~~~~~ RECEPTION#: 540953, 08/14/2007 at 08:50:46 AM, 1 of 3, R S0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO !. Resolution No.(J5~6 -1007 Page 1 4. Three of the five applications met the minimum threshold score of 22 points as required to be eligible for an allotment. 5. Pursuant to Section 2-30-40 of the Code, the Commission's scores were forwarded by Resolution to the Board of County Commissioners ("BOCC") on May 9, 2007. 6. No appeals of the Commission's scores were filed within the required 14 day appeal period. NOW, THEREFORE BE IT RESOLVED by the BOCC that it does hereby allocate a total of 2,250 square feet of floor area to the following properties as shown for the 2006 Rural Area OMQS Allotments competition for New Subdivision Lots/35+ Acre Parcels: Chaparral Aspen Remote Parcel #6: 750 square feet Chaparral Aspen Remote Parcel #7: 750 square feet Chaparral Aspen Remote Parcel #8: 750 square feet 1. This allocation is conditioned upon recordation of a covenant documenting the representations made in the application for the additional square footage. This covenant shall be reviewed and approved by Community Development Department and recorded against the property, prior to issuance of a building permit to utilize the awarded allotments. 2. 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 the Pitkin County Land Use Code § 4-140 and C.RS., § 24-68-105. The statutory vested rights granted herein shall expire on June 27, 2010. -t ~, - - Resolution No~~-2007 Page 3 APPROVED AND ADOPTED ON THE 27'" day of June, 2007. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON 7"~~-a7 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By ~ Chav, Michael Owsle Date~~o7 to Jones to the BOCC APPROVED AS TO FORM: _/ -> John EI Attorney APPROVED AS TO CONTENT: ~C1~~~ ~A~ tiv CIeF in y Houben, Community Development Director P214-06/P215-06/P216-O6/P217-06/P218-06 264309401002/264309201010/264303201006/264303201007/264303201008 RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY, COLORADO, FORWARDING THE 2006 RURAL AREA RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM SCORES FOR NEW RESIDENTIAL SUBDIVISIONS TO THE BOARD OF COUNTY COMMISSIONERS Resolution No. PZ-O1-2007 RECITALS On May 1, 2007, the Planning and Zoning Commission ("Commission") held a duly noticed public hearing at which time evidence and testimony were presented with respect to Growth Management applications. The Commission reviewed the following applications for the 2006 Rural Area Residential GMQS competition for new subdivision lots and newly created 35+ acre parcels: • Chaparral Aspen Remote Parcel #6 (Case P216-06): Woody Creek Ventures LLC requested 750 square feet for a cabin on 35+ acre parcel in the Rural/Remote zone district. • Chaparral Aspen Remote Parcel #7 (P217-06): Woody Creek Ventures LLC requested 750 square feet for a cabin on a 45+ acre parcel in the Rural/Remote zone district. • Chaparral Aspen Remote Parcel #8 (P218-07): Woody Creek Ventures LLC requested 750 square feet for a cabin on a 35+ acre parcel in the Rural/Remote zone district. • Chaparral Homestead #2 (P214-06): Wilhelm Family Limited Partnership requested 5,000 square feet for a residence on a 35+ acre parcel in the RS-20 zone district. • Chaparral Homestead #10 (P215-06): GSH Ranch Holdings, LLC requested 5,000 square feet for a residence on a 35+ acre parcel in the RS-20 zone district. There are 25,000 square feet of floor area available in the Crystal Area for the 2005 residential GMQS competition for new subdivisions and newly created 35+ acre parcels. 4. The Commission scored the applications as follows: Chaparral Aspen Remote Parcel #6: 22,32 Chaparral Aspen Remote Parcel #7: 22,32 Chaparral Aspen Remote Parcel #8: 22.32 These scores meet the threshold requirement of 22 points, and, therefore, the Applicants are eligible for the requested development allotments. Chaparral Homestead #2: 18.66 Chaparral Homestead # 10: 17.66 These scores do not meet the threshold requirement of 22 points, and, therefore, the Applicants are not eligible for the requested development allotments. RECEPTION#: 540075, 0 7/1 912 0 0 7 at 04:05:28 PM, 1 QF 3, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Resolution No. PZ-01-2007 Page 2 NOW, THEREFORE BE IT RESOLVED by the Commission that it hereby forwards the 2006 Rural Area GMQS scores for new subdivisions and newly created 35+ acre parcels to the Board of County Commissioners, and recommends that the BOCC grant the requested development allotments to Chaparral Aspen Remote Parcels #'s 6, 7 and 8, and deny the requested development allotments to Chaparral Homestead #2 and Homestead # 10. APPROVED ON THE 1 S` day of May, 2007. Resolution No. PZ-01-2007 Page 3 ATTEST: Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION OF J'ITICIN C~TY C~bLORADO J Paul Rudnick, Chairman ~I It~l c~ Date APPROVED AS TO CONTENT: -, - JohyE~ty, County rney !% Cin ouben, Community Development Director P214-06/P215-06/P216-06/P217-06/P218-06 2643 09401002/2643 09201010/264303201006/264303201007/2643 03201008 m ~ ~ ~ ~ ~ N O O ~ n ^~ N ~ ~ w N ~-- ~ N .-~ ~ w N ~--~ ~ ,.~ ~ < ~, ~' C/ ~ c ~ ~ ,~ ~ y a, b ~ ~ ~ ~ o ~~ ~ o ~~~ ~ ~~ ~ ~a~ ~ Cn ~ o to c° ~ ~ ~ ~ ~ ?~ ee ~ ~ r* 0 ~ ~ ~ c ~ o o c ~ ~ ~ ~ F pn ~ co ~ ~ `n 7 U' ~ o o ° r~-i ~' ~ y~~ ~ N C ~~ 7 ~..i ~ f7 L Li ~ ~ a ~ ~ n ~ C/~ ~ (Y n ~ ~ ~ ~ n ~ `~ ~ ~ n O O. Q C 'Z7 ~ v .. N C• z ~ ~ ~ ~ ~ y (~ Q ~ p ~ -C ~ ~ ~ ~ N ~ CrJ ~~ I ~ ~ ~ d ~' y ~ ~ v ®NN ~ -r~2 N~~ r f ~ ~ ~ ~ ~ '' y a O N N N' N _ N w~, I ~ -. 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N ~ b c H ~+ p ~ ~ .. ~ ~ ~ _ ~ ~ ~ ~ ~?' ~~ N G-i z ~ , ~ ~ ~ ~ ~ ~ N ~ N ~ ~ ~ n ~ N N v < ~ y O ~ ~ i cp -C (D ~ ~ ~ N n ~ ' (/~ {~y I I ~} I r '-r ~p I~1 ~ Q.. l~D ~. N ~ C'~ ~ ~ ~~i, R ~ III III ~~ N N N w a r~ m 0 r "'j b r m O a r a r r 0 y O z y r r x r~ H MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Mike Kraemer, Planner RE: Chaparral Homestead #2, Rural Area GMQS Application for an Initial Development Right DATE: May 1, 2007 SUMMARY OF REQUEST: The Applicant is requesting 5,000 square feet of floor area for an initial development right to develop a residence up to 12,250 square feet on Homestead 2 of Chaparral. Previous BOCC Resolutions and a Settlement Agreement for Homestead 2 stipulate that 4,000 square feet is exempt for sub-grade space, 750 square feet is exempt for a garage, leaving 7,500 square feet to be acquired through the GMQS competition or the use of TDR's. The Applicant desires that 2,500 square feet be attained through the use of TDR's and an initial development right for the "parcel" is proposed to be attained through GMQS. APPLICANT: Wilhelm Family Limited Partnership RESPRESENTATIVE: Land Studio, Inc. Doug and Julie Pratte LOCATION: Homestead #2 Chaparral Ranch, 845 Chaparral Drive. PID #:2643-094-01-002. (Legal Description, Attachment A) ZONING/LOT SIZE: The lot is zoned RS-20, contains 48 acres, and is conforming in size. PROCEDURE/PROCESS: Scoring of the Growth Management application is conducted by the Planning and Zoning Commission. The Planning Commission forwards, by resolution, the ranking of the development applications. Upon receipt of the Planning Commission resolution forwarding the scores or subsequent to the conclusion of all appeal hearings, the BOCC by resolution allocates development allotments to the eligible applicants. BACKGROUND: Applicable approvals and agreements that Homestead #2 is subject to include BOCC Resolution No. 158-2000 which adopts a Settlement Agreement (Rec. No. 451430). An amended Settlement Agreement was approved pursuant to BOCC Resolution No. 54-2004 (497955). The parcel is also subject to a Development Agreement for the entire Chaparral Aspen Ranch (Rec. No. 457542). REFERRAL COMMENTS: None. STAFF COMMENTS 2005 AERIAL PHOTOGRAPHY: The parcel is highlighted in green. RURAL AREA GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) ALLOTMENTS FOR RESIDENTIAL DEVELOPMENT ON NEW LOTS OR PARCELS (SECTION 6-40-30): An annual ceiling of 25,000 square feet of floor area is available in the Rural Area for new lots and parcels. The Applicant is requesting an initial development right of 5,000 square feet for a new parcel. Staff's recommended scoring for this project is attached. Please note that a development must meet or exceed the minimum threshold of 22 points for new development rights in the County. Staff has recommended a score of 18 points for this application, which does not meet threshold. ATTACHMENTS: A. Legal Description RURAL AREA RESIDENTIAL GROWTH MANAGEMENT COMPETITION FOR A NEW DEVELOPMENT RIGHT STAFF'S RECOMMENDED SCORING NAME OF PROJECT: CHAPPARAL LOT 2 REQUEST FOR GMOS ALLOTMENT DATE: 5-2-07 6-50-20: STANDARDS FOR SCORING APPLICATIONS FOR RESIDENTIAL ALLOTMENTS The Planning and Zoning Commission shall consider each application with respect to the standards described below, and shall assign points according to the following schedules: (a) Impacts on Public and Private Facilities (1) Considering whether an applicant has provided a commitment to install those public and private facilities that are necessary to serve the development and also to install facilities that may be of benefit to the surrounding neighborhood. Points shall be awarded according to the following schedule: (a) Zero (0) means the proposed facilities do not comply with the County's adopted standards or do not meet the needs of the project. (bJ One (1) means the proposed facilities comply with the County's adopted standards and provide for the needs of the project, but do not improve services to the surrounding neighborhood. (c) Two (2) means the proposed facilities comply with the County's adopted standards, provide for the needs of the project, and help to solve a problem or resolve a constraint with existing facilities, or otherwise are of benefit to the surrounding neighborhood. Any such improvements proposed must also be consistent with adopted County plans addressing such facilities and must be determined to be necessary and appropriate by the referral agency charged with utilizing the facility or providing the related service. (2) The categories in which points shall be awarded are as follows: (a) Fire Protection 7. Capability of the appropriate fire protection district to provide fire protection according to its established response standards, including whether appropriate access has been provided to the development site, with necessary vehicle turnouts and turn-around pads; 2. Adequacy of available water pressure and capacity for providing fire-fighting flows; and 3. Commitment of an applicant to provide or pay for fire protection facilities that may be necessitated by the project or that may improve fire protection capabilities in the neighborhood, including but not limited to fire hydrants, water storage tanks or ponds, and fire fighting vehicles or equipment. Maximum Score 2 Score: 2 COMMENT: The Annl.ic_ant has stated that the recommendations of the Assistant State Forester concerning wildfire will be adhered too The Applicant has not provided a report of those recommendations. Wildfire requirements for Lot 2 were part of the conditions of approval for the Settlement Agreement for the Ranch. " - - The Settlement Agreement requires Lot 2 to comply with the standards and requirements of the Aspen Fire District. In conversations with the District concerning on site water storage, 20,000 gallons is required in Chaparral Aspen. Although the Applicant is required by the District to locate a water storage tank in an accessible area in the event a fire inflicts nei hboring structures the Applicant has committed to providing a neighborhood benefit that will increase safety durin fire protection The Applicant has stated that the structure will be sprinklered Sprinklering a structure greater than 5.000 square feet is already a requirement under the adopted Aspen Fire District Code and the IRC 2003 as amended. (b) Road System 1. Capability of the public road network to provide for the needs of the proposed development within acceptable levels of safety, as defined in the Pitkin County Asset Management Plan; and 2. Applicant's commitment to provide or pay for necessary road system improvements amibutable to the proposed development or to improve road capacity or safety in the neighborhood. Maximum Score 2 Score: 1 COMMENT: The Applicant states that the existing ranch access to the building envelope will be utilized however no improvements have been proposed. (c) Transit and Trail Systems 1. Whether the proposed development site is located in proximity to existing transit routes and trail systems and whether appropriate on-site connections are made to these routes and trails; 2. Capability of the transit system to accommodate the proposed development without the need for additional equipment or route shifts; 3. Commitment of the applicant to finance or provide capital improvements (such as a bus, bus shelter, or trail connection) that enhance the ability of the transit or trail system to serve the proposed development, or to provide an easement for a trail that has been identified in the Pitkin County Comprehensive Plan; and/or an easement for a trail that has generally been identified as a public access need. Maximum Score 2 Score: 1 COMMENT: As part of the Settlement Agreement for the Ranch a trail was required to be constructed. The trail does not cross any portion of Lot 2. Impacts on Public and Private Facilities Subtotal: 4 (b) !Effect on the Environment i (7) Considering the environmental impacts of the proposed development and whether the !applicant commits to actions that will have a positive effect on the natural environment in Pitkin County, thereby achieving an overall benefit for the community. Points shall be awarded according to the following schedule: (a) Zero (0) means the proposed development does not comply with the applicable adopted County environmental standards. (b) One (1) means the proposed development complies with (but does not exceed) the applicable adopted County environmental standards. (c) Two (2) means the proposed development exceeds the applicable adopted County environmental standards, or the proposed development complies with the applicable adopted County environmental standards and helps to solve an existing environmental problem. To receive a score of 2 in any category, an applicant shall exceed an adopted standard or solve an existing problem as expressed in at least one of the standards in that category, but need not do so in all of the standards of that category. (2) The categories in which points shall be awarded are as follows: (a) Water Resources Considering the overall impacts of the development on local and regional water resources, including: 1. The extent to which the proposed development of the properly will comply with or will exceed (by more than fifty (50) percent) the minimum stream setbacks and riparian and wetland buffers established in Table 5-1 and Sec. 7-20-80 of this Land Use Code. 2. Whether an applicant commits to the dedication of water rights to an appropriate public agency or other actions that will contribute to the protection of minimum stream flows and address a documented need in Pitkin County. 3. Whether an applicant commits to retain irrigation water rights with agricultural or open space lands that are part of the development. 4. Whether an applicant commits to the implementation of techniques that will improve the efficiency of existing irrigation systems and commits to dedicate the remaining water to minimum instream flows, or increases the amount of agricultural land or protected open space that is able to be irrigated within the development. 5. Whether an applicant proposes a water augmentation plan that will replace water that is to be used by the development with augmentation water that re-enters the stream either (i) upstream of the development, or (ii) at the same point of diversion employed by the development (that is, bringing "wet water" to the County), or (iii) downstream of the development, but still upstream of the in-stream depletion areas in Pitkin County. Maximum Score 4 Score: 1 point x 2= 2 COMMENT: The Applicant has stated that ponds will be constructed on the Lot in accordance with Chaparral's pond an~mentation elan. The Applicant has not provided a copy of this plan. The Applicant has not offered or committed to anv of the above considerations. (b) Wildlife Habitat Protection Considering the extent to which the proposed development will contribute to the protection of wildlife habitat in Pitkin County by exceeding the standards of Sec. 7-20-70. The County has identified the following activity that qualifies as exceeding the adopted standards: 7. An applicant could commit to a program that would enhance or would restore native wildlife habitat that has been degraded by human or animal activity (for example, by creating or restoring wetlands and/or riparian habitat). On-site enhancement is preferred, but where there are no significant opportunities for on-site enhancement or restoration, a commitment to enhance or restore other sites in Pitkin County may be considered. 2. Applicants may also identify other innovative ways in which wildlife habitat can be protected in Pitkin County that would exceed the County's adopted wildlife standards. Applicants with no mapped or known wildlife habitat on their entire lot or parcel shall receive a score of two (2) in this category. Maximum Score 4 Score: 2 points x 2= 4 COMMENT: There is no wildlife mapping associated with Lot 2 The Applicant is automatically awarded a score of 2. - - The Applicant states that the building envelope has been located to avoid significant vegetation. Considerat»n of building envelope location was addressed at the time of the Settlement Agreement Building envelopes were established to avoid constraints pursuant to the 1041 Hazard Review process. Effect on the Environment Subtotal: 6 (C) !Achievement of Community Goals (7) OPEN SPACE PRESERVATION (a) Considering the extent to which the proposed development will contribute to the preservation of open space in Pitkin County. Valued open space that an applicant could preserve includes: 7. Undeveloped lands that have wildlife, scenic, and other desirable resource values; 2. Agricultural lands, including those that have been historically irrigated, used for food, grains or other feed production, and those used for dry pasture and rangeland; 3. Lands, or easements over lands, which provide access to public lands or public waters; and 4. Other undeveloped lands whose preservation would be consistent with the adopted Pitkin County Comprehensive Plan. (b) Points shall be awarded according to the following schedule: 1. Zero (0) means the proposed development does not preserve any of the valued open space within the property. 2. One (1) means the proposed development preserves some, but not all of the valued open space within the property. 3. Two (2) means the proposed development preserves all of the valued open space within the property. 4. If the entire lot or parcel does not contain any valued open space, the applicant shall receive a score of two (2). Maximum Score 4 Score: 1 point x 2= 2 4 COMMENT: The Applicant has stated that a 6 acre development envelope was approved with a 3 acre building envelo_~e. The Applicant is preserving some but not all of valued open space justifvin~ a score of 1 for this cate~orv. (2) HAZARD MITIGATIONAND A [VOIDANCE Considering the extent to which the proposal mitigates the impacts of development or avoids locating development in floodplain hazard, geologic hazard, or wildfire hazard areas, as these areas are described in Chapter 7 of this Land Use Code. Points shall be awarded according to the following schedule: (a) Zero (0) means the proposed development does not comply with the County's adopted standards for floodplain, geologic, and wildfire hazard areas. (b) One (1) means the proposed development complies with the County's adopted mitigation standards for development in floodplain, geologic, and wildfire hazard areas, but includes some development activities on slopes in excess of thirty (30) percent or in areas subject to severe wildfire hazards. (c) Two (2) means the proposed development complies with the County's adopted mitigation standards for development in floodplain, geologic, and wildfire hazard areas and includes no development activities on slopes in excess of thirty (30) percent or in areas subject to severe wildfire hazards. Maximum Score 2 Score: 2 COMMENT: Lot 2 is basically hazard free. There are no: slopes in excess of 30%, floodplain or geologic hazards. The Lot is not rated in a severe wildfire hazard area. The Applicant has offered to revegetate disturbed areas within the first growing season of the disturbance. This is already a requirement of the Development Agreement for Chaparral Aspen. A reveg_ etation bond of $25,000 was also a requirement of the Development Agreement. (3) DEVELOPMENT BELOWALLOWABLE DENSITY (ONLYAPPLIES TO DEVELOPMENTS WITHIN THE RURAL AREA) Considering the extent to which the development proposed is less than the allowable density in terms of numbers of dwelling units (not including caretaker dwelling units, employee dwelling units, or deed restricted affordable dwelling units) permitted in the applicable zone district. Points shall be awarded according to the following schedule: (a) Zero (0) means the applicant proposes development at a density of seventy-six (76) percent to one hundred (100) percent of the density allowed by the underlying zone district. (b) One (1) means the applicant commits to limit development to fifty-one (51) percent) to seventy- five (75) percent of the density allowed by the underlying zone district. (c) Two (2) means the applicant commits to limit development to fifty (50) percent or less of the density allowed by the underlying zone district. (d) When competing for additional square footage only, an applicant shall receive a score of one (1) if there is no opportunity to reduce density on a property. Maximum Score 4 Score: 2 points x 2= 4 COMMENT: The parcel lies within the RS-20 zone district and is 48 acres in size making it conforming in size. iJnderlyine zoning allows 2 unit of density per 20 acres. 1 unit of density is nronosed. (4) REDUCTION OF VISIBLE MASS (ONLYAPPLIES TO DEi~ELOPMENTS WITHIN THE RURAL AREA) Considering the extent to which the development proposed is less than the allowable floor area allowed on the property by the underlying zone district; utilizes some of its allowed floor area to develop sub-grade space; or is below the allowable height of the underlying zone district. Points shall be awarded according to the following schedule: 0 Points Final Maximum Floor Area (see note 1) Final maximum floor area is limited to more than 75% of that potentially available to the property. Final maximum floor area is limited to no more than 75% of that potentially available to the property. Sub-Grade Floor Area (see note 2) Height (see note 3 Proposed structure(s) limited to less than 15% below the maximum allowable height. Proposed structure(s) limited to at least 15% below the maximum allowable hei ht 1 Point 2 Points (Note 4) Less than 20% of the requested floor area would be built sub-grade. At least 20% of the requested floor area will be built sub-grade. Final maximum floor area At least 30% of the ~ Proposed structure(s) is limited to no more than requested floor area will limited to at least 30% 55% of that potentially be built sub-grade. below the maximum available to the roe allowable height. Notes: 1. This calculation is based on the final maximum floor area that is potentially allowed on the property by the underlying zone district, as specified in Table 5-1.D. See Sec. 5-20-70 for rules governing measurement of floor area. 2. To qualify as sub-grade, the space must meet the requirements for exempt sub-grade space in Sec. 5-20-70(f)(1). 3. To receive points in this category, no portion of any proposed structure can measure above the stated height limit. 4. Applicants may score points in each of the three categories described in this section, up to a maximum of 6 points (2 points in each category). MAXIMUM SCORE 6 SCORE: 0 COMMENT: Because of the existing Settlement A Bement, reculations concerninu allowable floor area in this zone district are not applicable The Aanlicant states the structure will be limited to 12,250 square feet of floor area and that 4 000 square feet will be constructed sub-grade for the residence The offering by the Applicant of 4 000 sauare feet of sub-grade space was what was "negotiated" in the Settlement Agreement. The Applicant has not offered any concessions for reduction of the ne otiated agreements which, m effect, act as zoning for the Lot. Achievement of Community Goals Subtotal: 8 (d)'Creative Bonus The Planning and Zoning Commission may award bonus points to any development application that meets the overall minimum scoring threshold to obtain an allocation, as specified in Tables 6-7 and 6-8. Bonus points may be awarded to an applicant who proposes creative approaches that are consistent with the purpose and intent of the scoring categories set forth in Secs. 6-50-20 (a), (b), and (c), and go beyond the standards established in each of the respective categories. Bonus points may also be awarded for creative approaches that have not been addressed in any of the scoring categories set forth in Secs. 6-50- 20 (a), (b), and (c), but that are consistent with and help to implement the Pitkin County Comprehensive Plan. Up to five (5) bonus points may be awarded as follows: (7J One (1) bonus point may be awarded for each creative approach an applicant proposes that is consistent with the purpose and intent of a scoring category set forth in Secs. 6-50-20 (a), (b), and (c), and goes beyond the standards established in that category. (2) One (1) bonus point may be awarded for each creative approach an applicant proposes that is consistent with and helps to implement the Pitkin County Comprehensive Plan. (3) One (1) bonus point may be awarded to any applicant who proposes to build affordable housing, rather than pay the Employee Housing Impact Fee required by Section 8-30 of this Land Use Code. To obtain the bonus point, the proposal to build the housing shall comply with the County's adopted affordable housing policies and guidelines in terms of its location and the type of housing proposed. Maximum Score 2 Score: 0 COMMENT: Does not apply. The Applicant does not meet the minimum threshold of 22 and there is no competition in Growth Management at this time TOTAL POINTS (with multiplier): Possible Subtotal Subtotal Points (without (with multipliers) multipliers) A. Impacts on Public and Private Faci lities 6 B. Effect on the Environment 8 4 4 C. Achievement of Community Goals 16 3 5 6 D. Creative Bonus 5 0 8 TOTAL 35 12 O 18 Must meet minimum threshold of 22 points not included in the mini h (with multipliers) to obtain an allotment (bonus points are mum t reshold). Attachment A Legal Description SUB:CHAPARRAL ASPEN LOT:2 DESC: HOMESTEAD 2 CHAPARRAL ASPEN LOT 2 September 1, 2006 Pitkin County Land Use Application for 2006 GMQS Competition for Rural Area New Lots or Parcels Prepared For: Woody Creek Ventures, LLC 132 West Main Street P.O. box 7846 Aspen, Colorado 81612 Phone: (970) 920-2112 Fax: (970) 925-5847 Prepared By: The Land Studio, Inc. 1002 Lauren Lane P.O. Box 107 Basalt, Colorado 81621 Phone: (970) 927-3690 Fax: (970) 927-4261 landstudio2@ comcast.net Introduction The applicant currently seeks to obtain a GMQS allotment for one 3.1 acre building envelope within a 6 acre development envelope on Lot 2 of the Chaparral Aspen Main Parcel to construct a single family dwelling unit with detached garage of no more than 12,250 square feet. Of that 12,250 sq. ft., 4000 sq. ft of underground floor area is exempt from floor area calculations per resolution No. 158-2000 as well as 750 sq. ft of garage space, leaving 7500 sq. ft of above ground floor area requiring a Growth Management allotment or TDR's. This 2006 GMQS application for Lot 2 is for 5000 sq. ft. of residential floor area, the remaining 2500 sq. ft. will utilize one TDR. The Chaparral Aspen Main Parcel is 553 acres in size and consists of eleven lots. The applicant previously obtained 1041 Hazard Review and Conceptual Submission approval to establish building and development envelopes on the proposed Lots. Lot 2 has an approved building and development envelope with vested rights until ~ee~.~..~... ~ 1; ~ ~ 5 I Z~ 2 ~ C pew g0 CC f'L~-~ p~-ZO~b~,~ The following Growth Management Application is referenced to and includes compliance representations of the Applicant for the information required in the following sections of the Pitkin County Land Use Code: Section 6-40-20: General Standards for Allotment and Competition Section 6-50-20: Standards for Scoring Applications for Residential Allotments SECTION 6-40-20: GENERAL STANDARDS FOR ALLOTMENT AND COMPETITION The proposed development does comply with all requirements of the Pitkin County Code. .SECTION 6-50-20: STANDARDS FOR SCORING APPLICATIONS FOR RESIDENTIAL ALLOTMENTS A. Impacts on Public and Private Facilities 1. Fire Protection The entire property is rated low to medium wildfire hazard area by the CSU maps. The applicant will take all the precautions recommended by the Assistant State Forester as well as agree to those mitigation standards as identified in the Wildfire Mitigation section of the Pitkin County Code. In addition, the applicant will install a water storage tank at each site for use in fighting localized fires within the neighborhood in the size recommended by the Aspen Volunteer Fire Department. The applicant will also install and internal fire sprinkler system as required by the Fire Department. 2 point x 1 = 2 2. Road Svstem The existing roads providing access to Chaparral Aspen will continue to be utilized for access to the proposed building sites. Access to the proposed building site will be over existing roads therefore maintaining the existing character of the area. Improvements have been made to the roads consistent with the conditions imposed by prior County Land Use approvals. One additional residential unit should not generate a significant impact of vehicle trips on the surrounding public roads. 2 points x 1= 2 ~~~ 3. Transit/Trails `' The applicant has constructed a public trail within the platted easement from Upper River Road across the Main Ranch parcel. The trail is subject to the restrictions contained within the Trail Easement recorded as Reception No. 460243. 2 points x 1 = 2 B. Effect on the Environment 1. Water Resources. The domestic water supply is an exempt well. The irrigation water supply is via a combination of the Salvation Ditch, D'avignon ditches, Braun ditch and the Harmon ditch. There is an augmentation plan in place for all of Chaparral Aspen relating to the surface ponds. Chapparral Aspen has pond construction guidelines that specify parameters for lot owners to construct ponds. 1 point x 2 = 2 2. Wildlife Habitat Protection No defined movement corridors or mapped wildlife habitat is indicated on the CDOW/WRIS maps. No calving/production areas are indicated within 1/4 mile of the proposed development site. The building envelope has been carefully located to avoid areas of significant vegetation that may compete with foraging of not only the big game, but habitat for smaller mammals, as well. 2pointx2=4 C. Achievement of Community Goals 1. Onen Snace Preservation No agricultural lands will be disturbed as part of this development plan. The approved development agreement for the ranch will prohibit development on areas outside of the activity envelope and will therefore preserve all valued open space within the parcel. Because the development envelope is only 3 acres and the parcel size is 48 acres, approximately 45 acres of open space will remain undisturbed. 2 points x 2 = 4 2. Hazard Avoidance, ~ The development area is free from man made hazards. There are no floodplain hazard areas, no high hazard avalanche zones, landslide areas, rockfall hazard or severe wildfire areas. The building envelope does not impact slopes in excess of 15%. The proposed development will preserve 94% of the total parcel size in its natural state, thus preserving all of the native vegetation. A weed management has been adopted as part of the development agreement of the overall ranch. The applicant agrees, though, to revegetate any and all disturbed areas of the parcel within the first growing season of the disturbance. Revegetation will be with native grasses and forbs approved by the County. 2 points x 1 = 2 3. Development Below Allowable Density Zoning of Parcel 2 is RS-20. The proposed development of one building envelope on 48 acres therefore represents a development below allowable density of 50% or less. 2pointx2=4 ~' , ~ . 4. Reduction of Visible Mass ,~~ a. Maximum Floor Area The Floor Area cap for Pitkin County in this zone district for a 48 acre ~ parcel is currently 15,000 s.f. The applicant has agreed in the Ranch ~~ Development Agreement to cap the FAR on this lot to 1,250..- This -~ ^ ^ ~ ~~ creates a final maximum floor area of 81% of that potentially available to the property. ~~~,.Q;_ ~~~~ 0 points x 1= 0 ~'.. b. Sub-Grade Floor Area The a scant a r to 4000 s.f. of the ro osed 12, ` ~ ~ ~ 6 P ~_ p p 250 s.f. to be build r ~ ; 4^•` `` sub-graTherefore, 32% of the floor area will be built sub-grade. 2 points x 1 = 2 c. Height The applicant does not propose to restrict the height limit. 0 point x 1 = 0 D. Creative Bonus 3. Affordable Housing The Applicant has already provided affordable housing (20 bedrooms) in excess of requirements of the Pitkin County Land Use Code with the development of the Main Ranch Parcel of Chaparral Aspen. 1 point Point Total = 25 PITKIN COUNTY PRE APPLICATION CONFERENCE SUMMARY PROJECT: Chaparral Aspen GMQS LOCATION: River Road, Woody Creek OWNER: Woody Creek Ventures LLC. REPRESENTATNE: Doug Pratte DATE: August 18, 2006 PID# 264309400001 Phone: 927-3690 PLANNER: Suzanne Wolff, 920-5093 Type of Application: GMQS Competition for Rural Area New Lots or Parcels Description of ProjectlDevelopment: TheApplicant is requesting to compete in 2006 Rural Area GMQS Competition for I~w Lots and Parcels to establish development rights far previously establ'shed Parcels 2 and 10 of Chaparral Aspen. (A separate application is required for each parcel Due date is September 1,2006). Land Use Code Sections to be addressed in letter of reauest lagnlicationl: Sec. 6-40-20: General Standards forAllotments and Competition Sec. 6-50: Residential Competition System Staff will referthe application to the folbwing agencies: Woody Creek Caucus , /-~~~s°~ ~""'~~`~` Review by: P&Z and BOCC (for allocation, if successful) Public Hearing: Yes at P8~Z for scoring. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Public Hearing pursuant to Sec. 2-20-100(a}(3) of the Land Use Code. In addition, the Applicant shall mail notice at least 30 days prior to the Public Hearing (by first Gass mail) to all adjacent property owners and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the Public Hearing. FEES: $8,366.00 (make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $4,158.00 for each application (non-refundable; based on 18 hours of staff time; if staff review time exceeds 18 hours, the Applicant will be charged for additional time above 21 hours at a rate of $231/hour) ^ $50 Publication Fee (one time) To apply, submit 17 copies of the following information, unless noted otherwise: 1. Summary letter explaining the request, explaining existing conditions, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above; 2. Application Submittal Requirements as stated in the "Pitkin County Land Use Application Manual" -1)General Application Information (p.1) and 2.3.2) GMQS Scoring and Allotments (pp. 39-42); 3. Proof of ownership of subject property; 4. Parcel desa-iption, including legal description and vicirrty map; 5. Total fee for review of the application; 6. Signed fee agreement (1 copy); 7. Consent from ow Her(s) to process applcation and authorizing the representative, if applicable (1 copy); 8. List of all adjacent property ow Hers and mineral estate av Hers (1 copy); 9. Copy of this preapp form (1 copy) NOTES: y ~ t - PLEASE SUBMT ONEUNBOtINDAND ONE-SIDED COPYOF YOU4 COMFLETEAFPLICATION. PLEASE SCBMT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOIA.D BEINCL(~ED ONALL DOCUMENTS INCLUDED /N YOUR 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 staffs interpretations based upon representations of the applicant. Additional information maybe required upon a complete review of the application. List of Adjacent Property Owners Chapparal Aspen Lot 2 2643-10-300015 William Ewing, Jr. 470 Park Ave. S. 4th FL S New York, NY 10016-6819 2643-10-300017 Cottonwood Trust 01/08/97 21650 Oxnard S t. # 1925 Woodland Hills, CA 91367 2643-10-300001 Lambada Ltd. 300 Crescent Cir., Ste. 1000 Dallas, TX 75201-7852 2643-09-402002 Woody Creek Ventures LLC c/o Clark Lipscomb 132 W. Main St. Aspen, CO 81611 2643-09-402001 Warren Russell F JR & Francesca 11 Field Point Dr. Greenwich, CT 06830 2643-09-401002 Wilhelm Family LP P.O. Box 7922 Aspen, CO 81611 2643-10-201003 Trinity Development Group LLC 450 Newport Dr. #550 Newport Beach, CA 92660 2643-10-201006 St. Claire Company LLC 4001 MacArthur Blvd Ste. 100 Newport Beach, CA 92660 1 t I'~ 0 1~- ~~ ~.. N a ~° m~-~g ti ° ~ ~, 9"..0 r oN tNdd~~ ~~ ~V t~ z g W . .__ .. ~PLCIAL WtI,~Y D$ED 'fA15 DEED, Mack M3l,~ dxv oPRcbmry, 4066, lxtsrea WpODY CRffiG vE147t1RES, LLC.. a Coto~edo limited liabil9ry wmprAy, 4f $1~ Cpu.ay of Pitkm, Stert DCCOk11ad0, gr~~iNr, and WICHELh4 PaMFLY LIMi7ED P!.RTN[sRStI~, whose tetiel eddn~ is 0621 Bumt blonaiakt CIrc1e, P. 0, Sox 7973, A+psa. Colorado 6) 611, gnolw. 4 ar cal ~ J ~`r~ WT't'hTE5SE'PH, That file gratttors, for aad ~ cronsideratiaa of the sum of ten dollars ~vtd other good and valuable wnsidaaiion, the receipt and Su~eietuy of which is hereby aclrnowledgad, bas granted, lmrgeined, sold and conveyed, and by dress pleseltts does grmtC,loargaut, se!!, aotr.ey end co~ttn, ur1W the grantees, his heirs end asstgr,s forever, all tht real propetq, together with improvements, if any, skuate, lying and being Ta the Cotmty of lhtkin. Stale of Colorado, described ss Pallov+s- I•]givtlySTEAD 2, A1RST AMENDED SUBA1VI53ON EX~JriFTI4N FLAT ANT? 1041 HAZARD Iit~VZEW SITE PtAA11 OR t~iAFARRAL ASPEII, rGCCrdad Ocrobr 15, 2002 iu [ho teat properly rocords of Firkin Cowry, Colorado at Plat Book 42 at Pages 99-101 ua Reception No. 473441, togeltwr with all attest eesemetlet as sat forth ip Fist tocorded Oawbcr l5, 2002 ~ Fiat $ook 62 at Pages 99.101 (rePorred to hertin as `the Property"): . 7tOGE'CI~R wsth ail and sitsgtils~ the hr'-cdiu®aioe amd epput~touces thereto belongiAg, or is s>yyw~iae appeRainnrg, ahd the reversion and revaraioni,l'ClnalndGi~nd rcmaiaders, renv, i6SLt:8 cad profits thftTetil; aDd all the estate, tight; tide, tuterat, claim and dettttstti vrlsamoever of the grartlar(s}, either in ltnv or equity, o~ 6t and to the above bargained premises, with the haeditaremtts std ..,,,....;........:...., snbjeu to Use e~coep[ior+s fotmd on !, attached hereto and imoorporated !-ere Iry obis rrttrcncy and subject rn the folloti+~sag resnietion: The asiprovetcaats eons4~tcted w the Property may tmt exceed 12,250 square feet, of which ro mpro thou 7,500 s9sarc tact may be ,sbowo-grade floor area (as calculated by the Firkin Causay But~ding bcpestment~, no mare than 4,000 square ftes mAy be beiaw gsyde, sad ao mar titan 750 square fctx rngy tre for a detached garage. The limitation oD floor Mee. sat fot>al above span not apply ra any historic atructtrre which exists on or is moved m tMo ~Puty. This rrsRictian may be eaforned by the Chaptvra] Aspen Hotneowoas Aasocietion> s Colorado rtat~ro5t corpoeatian ire sucveaeora mrd assigns, altd/or[3txatror, Tbc grantor, far itself, us coacessom and auigts, does coveuard and agree that h shall and wi[I WARAANTAI+IA FOIt)rV'BR Dt?PENC! the ebovabazEanted premittS in the quiet cad pgCeabie possession of the gtaatae, its strcocssots end assigns, against ail and every petaoa ox peraotts tlaimiub the whsle m any pmt thereof, by, or wader the grrmto , except for those items sat irk in £kLibit A, atnched herere. The sittgsliar rtLmbet shalt include the plural. rho phmal the tiugu}ar, and the ltse of any gender shall be aplrlkablt tp all ger,dera. 1A1 W[7'Til's3S 1>;+ETEREOF, the grarlwr bas executed this deed on die date sot forth above. g5" STATE OF COLOIiAI?O COUNTY OF PITRIN ~ ss Srt 'the Ibrc~oYip hrnanreat war aesem+todaed 1Qaa me dtk ~ t _!ay of Febnwy 11006, by r~x G saip~ as Meaapcr of Weed] Gnxk v~rs, Lt.C p Cotosado Lmtiied Lubitity Coipmy. ldy oommis+o~ .^p+nc wenea3 wry hand and offrciB ~ ~ . Hl~ r,w.•>~ .,~~ ~~ Joys. FFaerNNotOry Pubic My cafltTlbilatt ®~iree ~lz~os 5218? smee ar oatatrlrto _ ' ~ ~CLpi~ATlal i~CEIVED 8T~2f 286 ~r1e person atlthvrtt~d tD teeaNe firs decurrtCt+t tx yVli.Fi~L.Jd FAMILY 1.If1tCfED PARTNEt2Si~11P f?. O. BCX 71312 AgP£Ft, t~ g16i2 ~r cwte ~apeawat~prun mae4r w.:.~ tktor ,tavr WOOl7'Y CREEYC'u'];NTVRE,S, LLC a COlatado Limned Lsability t..oarlparty EXHIBIT "A," 9. Taxes for the year 2~6 not yet dug or payable. Z. Right or the preprletor of a Vein qr lode tv eJrtract or remove his ore therefrom, should the same be found to penetrate yr intersmt the Premises hereby granted as reserved in Urilthd StaEeS Patents reovrvled Fetxtrary 3, 1896 in Book 55 at Page 63, July 26, 1901 in Bgok 55 at Page 98 and August 27, 169D in Sods 55 at Page 1Z. 3. Undivided 1t2 interest in alt olt, gas and olfier mineral -t9~, ~ ~~ by Qarllat A. McPherson in the Deed b Fred J. HengS recorded April i 7, 1953 in t3ook 176 at Page 607 and any arxJ all assignments mereoF or irderestS lherrein. 4, Terms, conditions, provisions, obligations and at[ matters as act bvrttt in RasplutbotJ of the 9Dard of County Commtssionere recorded Ocivber 22, 1999 as ReCeptl~+ No. 4368D4 as Resolution ND. 99-42. 5. Terms, cvntlidorrs, provisions, abfi~tions and atl matters as set EpRh in Resolution of tt~ Board of Coantq CommissioneCS of Pitldn County recorded February 13, 20D1 ds Reception Ne. 461490 as Resoltfion Na. 156-2DD0. 6. Terms, Conditions, prvth5thns and obiigatons a5 Set forth in Final Drder recorded February 15, 2001 as Reception No. 451542. 7, Terms, conditions, provisions antl obtlgatlens as set forttl in Development Agreement recorded August i4. ZDD1 as Receplian No. 457542. 8. Easements, ri~its of way and all matters as disdvB9d eR Ptat of subject properly recorded October 15, 2002 iri Plat 9wk 62 at Page 99. 9, Th46e terms, oonditiorr9, provlsforJS, obligations, easements, restriclierrs, assessmeMS and all matters a6 set forth in Protective Covenants for Chaparr~AspE3n recorded August 14, 2001 as Reeaption No. 4575-01, end Amendment of Const~uent Dooument6 recorded October 30, 2D01 as Revptiion Ato. 480242, First Amendment to Water Use and Ditch Dperating Agreement recorded Daoertrber 2t3, 2002 as }2eCepUon No. 476562, First Amendment io Protective Covenants recorded January 23, 2003 as Reception No. 477658 3ECOnd Amendment recorded January 23, 2005 as Reeptton Ne_ 477659 acrd First Amendment of Irrigation, Pond Constnrc6on Guidelines raoonied February 19, 2003 as Reception No. 478909 and Tttird Amendment thereto recorded January 4, 20013 as Reception No, 599246 and Fourth Amendment there6v recorded January A, 2006 as Reception No 518247, deleting therefrom any restrieJions indicating any preference, limitation or dlscranination based on race, color, rgllglon, sex, handicap, famili$I status, yr naGonat or)gln. 1D. Terms, conditions, provisions and obligations 8b sstforth in Tr'er1 t:asement recorded November 1, 2D41 as Recepdon No. 460352. 11, Easement and right of way for an e{ecb`iC <rallsmissiorJ or disfnbuCrorl line or system, a5 granted tD Holy Cross Electric Assodetion, Inc., In instrument reponisd December t3, 2002 as Reception No. 475734. i2. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vaurt Agreement wiRh Holy Cross Electric Assoctiatbn, Inc., recorded pscamber 6, 20DZ as Reception No. 475735. 13. Terms. condltlons, provisions end abngations as set forth in Admlrssirative Decision recorded January 2, 2408 as Reception Ale. 4766D5. I~ur1 ~~ 1~~ 111,N ~ ~ ~ ~ g2~ 2 o~F ~, ~ JgHICE K V08 GN.WILL PrnCJN COUSISI' GA k 11.00 D 36D.0® .\ ~\ "~_~ ~~aoo`~~~~~( ~~, .....~ ~ ,,.~ ...,~ /mar Illustration 1 Vicinity Maa Prepared by: DESIGN WORKSHOP, INC. N July, 1998 I i l~ i 'Q' 1 000' 2 000' 4,000' e i. ~ ~~~~... ~~ ~ ~ ~ ~ a iii. ~ ~ i..n .i.~~~. ~...~~ ~.. d. i~~. ~ ~a. ... ~. ~~~~.~ ~~ ~~ i ... i.i .... i.. ~i ... ~~~~ i~~~i~ ~ .~~ i~.. ~~ T ~ I ,.c~ ~, ~, '~ ~. - ~~ -- .. `? / i .~ ~ i ~ IA ;~, ~ r~ ~.. ~ ~ ~I I ~ \ ~ ~I ,- ~,~~ E ~~ ~~~ ~i ~. ~~~ a' ~e ~ ~~ b! ~~ ~~ __ ~ i _ \ ~~~ ~ 4 -1~~~~, ~ ,_. \'F~\\\ `~ y~`p~ 1\`~-- ~, i 0 6 YiY'8iY77Y Q9000BY8oB48 Boa °.~Y~4~4~1 ~ ~ \ I ~ ~ ~ ~~ \ ` \ I ,J~ i 1 / n _ 1 s `~ E~ i ~ 1~ -~ i ~` i 1 s ~~~iiin~~i~~~iii•.ee~~i~f ~i~i.i ilk ~.na ~~~u ~..~~.~~• un~i~hi•~~~~vii~v oia ~-i~i.li•_~i~u~,~. ~~~io~ii n~.ii ~~i~iinii~iai•i~ai~i~• ~~i~eiii i~~i ii~~..i.~~ue~nl~•f i.~~9il lei li~~ie ~i iii iIi• ~II.i. •\ ~~\\.\ `~ ~I/~ !'e ~~, 111/%//` J ~r -~\ /~~~:I, .'\\\'t \ i ~~'_ _.. ~•'' ~~(~~~~R~_~ ~ r f - ip, ~ ~. _ J / ~ ~e<o -~~\~~/i,'~lJ`)` x.1S,1+ ~~,_-__~/~/~~00 f~'.j'-;/-. - ;.~.~~' _~_-- ,~.`'. ~ ~. ~<%'„ ---'-/ lr~ ''/,' ~I('• I /~.~/ -'i.-` 'iii ~%%: _l ''1 ~~~ - `' ~•\~. ,1``'~,,~'.~.' /il %rj'!:%~~ r,,(~1~,.~ ,'.fit? , V /J/~J~- ~~. ~.(~:` /r ~~'; ~ 1 !_ -`~. _ oeo°`~~`->_:.., __ :, '~~~.J;../,~; ,,. ~,i/i 'Jlf(~//,r~.t" i:~'~!~"~ %''ii:- 1; e r, ~L ~ % / _ - i~=?:~' - - ~ ~•..,• -: ii~ii r- / .. ,(• ill ~~;~`~ ~ \~~4• ~7r ~ ' C'~'. , :i~ ~j~.=~~- \~)~•i. ;y'. - - ~ r.i ~~', '. - I:/iJ ~/ ~i'>~F !': f ~':J1. ~\ 4': \~ l It\, ~ ~r . o°' /,~, _ ':(. cao ~ ~:'' i j ~>„ . /~\~ J~~;~' i I ;r(' •C 1' ~ ~~n \. __111 ~~' 'r,~ ~/~e° ;~~~: _ :1' i-. ~ JI ~r. ~ .: ~ ~ , ~, ~ ' // r /. ~ i;; /r ~ _~ , .`~ ,:j; .~.•_`. _ / ./~? ~.~ ~;~} ~1~~ f:~, .,:,` •~.i1 ~, ~j Sri '_~c / ' -`--ri~i _~ C ..r a, m \~' ~ shoo ~) ` -/, ']56 l ~ ~ ~~ \` .\'. \~ 1 ~' ~~ / ~ ~ I. ' i - i' i is \ '~~ \~ \J ': --~~~ -o .~ /. _ =._ _ ';: .r"X// 'r'te / ~ r-\99 \~„~ `~\ \\~.. PROPERTY BOUNDARY `~. ,,,~ ~> ,~. .._'~: Jam. ~~~ _ ~%. ~~ ='- -_ _.. r ~' _ - ~ ~~ ~ / _ ~•, ~~ _ ,;.. rt, ~_ . :. o ,. ... _ - ,= _ _ ;; - .' . •\ ~: ---.. .. , \\ ~ \•` ~~ :.`` 1A ~\. -\_ ~ r J v`ii`` _/ 1 ! / y -cV ~~.\y'I~:~`\\-.. ,l1'\'~:\':t1.V\\!lc _.~)R~'oodvC~~. ~ ic' 1 c. \i~ \'\ l.~'li~ _~%~' ~~~ Gol©rado D~v~s~on of VVi(dfife: Mule Deer ~~+i~-~'~~°I°~~ ~°S~d[~ ~~~ ~>~ii~~~ Legend Prepared by: DESIGN WORKSHOP, INC. Winter Range July, 1998 N Critical Habitat f f ~ \~\\ Severe Winter Range 0' 1000' 2,000' 4,000' vn ~ i ~ - !/ 'r~~- ~!'/;Y~ - --/Y'es'=~~c___. ~r ~~: `~\~' ~.',i~::.1\~, if ~ i~f ~~/ i ~~%• -,~~ '.~''/: ` 1 *'~~.'.\. `._ ~~'~'..l ~.r ~ ' \ ti-// o° /i" :Y-.1'' ,i f.i ij.r% \\ ~ ;' :.- `~ - : ~'\~ ~/,~`I 'i~t~; :~ / ?'r ~_l ~,/. - ..~ . % - •.i:' ~~ = ~ / - '~ ~~ ` %i~•~ 'i:i lid - ~i4 ~i`:\'. • ~~ ..\' .~ is i\ % ii% / ~~<L".~/ ``_ _ _~ r~.'` .5j.':'1'.r '.~ ~ ~~=71 ~\~, \'1 e~"'1~.'A.; __ _, /ri-l {~ ~C '~~~~:. ~`~,-.~ ~.l 1 ~ ,1'•J•` 1 ~~'t' ~ ~.~:.Y' ,.;. A~~I1`~ ~~•~r' '~ ~i !t(.g - _ ~ ~ I' ~- ~ ~_. I ' 1-~ v" 1~'osi'~i7 % II/~f f~ Ir ~~ ~ "(~'l ~~'/ J,f ~1'--~ - \' ~ PROPERTY BOUNDARY ~ '' ~ _- i \ // ~\ , -\7800 "~ _' ~'. '' ": _ U/ / 1 ~ •i ~'~ = -;~~,' ~\~ \\\ _ .;~ ~ 1 rep. ___ ~S~, ~ ~~ll~~~'~- / _'~~_ 1. ~\-:\~_ 1. \\ \ ..i:FS` ~. _ ~._ \\°. ~°~~R `~iT~' .l%="l_ Colorado Division of Wildlife: Elk ~~~~r~8~ ~`~~~ ~+~d ~tl~1~a~~ Legend _ Prepared by: DE51GN WORKSHOP, 1NC. Winter Range July, 1998 N /~ I I ~ I ~ Critical Habitat ~ i `( 1 0' 1,000' 2,000' 4,000' \~ ' ~ ~ 1 ,RESOL[JTIOI~I OF THE BOARD OF COUNTY COMMISSIONERS OF PTTKIN COUNTY, COLORADO, APPROVING AN AMENDMENT TO_TFIE CHAPARRAL ASPEN SETTLEMENT AGREEMENT Resolution No. Q~-2004 RECTfALS 1. Woody Creek Ventures LLC ("Applicant") applied to the Pitkin County Board of County {:ommissioners ("BOCC") to amend the Settlement Agreement: • A: To reduce the total abave,~•ade floor area on the main ranch from 100,000 to 90,000 square feet; B. To obtai» the right to seek approval for 3 additional cabin sites on the remote parcel; C. To extend.the vested rights period to 20 years; D. To construct the public pedestrian trail from Upper River Road across the main ranch parcel. B. To voluntarily impose a real estate transfer tax with Pitkin County as the beneficiary. F. To extend the deadline by which tl~e Ranch Manager's unit was required to be constructed. 2: The property is located on Upper River Road, and is described as Homesteads 1-10, Chaparral Aspen and Parcels. I -10, Cllaparrat Aspen Remote Parcel. 3. The main ranch is zoned RS-20/PUD and the remote parcel is zoned Rural/Remote. . 4. The Board of County Commissioners ("BOCC"} approved the Braun Ranch Settiement Agreement pursuant to Resolution No. 158-2000. The subdivision exemption plat and 1041 hazard review site plans for tl~e main ranch were recorded in Plat Book 61 at Pages 99-I O1, and the subdivision exemption plat for the remote parcel was recorded in Plat Book 63 at Pages 75-77. The vested rights for tl~e approval currently expire on February 5, 2006. 5. The' BOCC initially heard this application at a dulynoticed public hearing on November 19, 2003, at . which time evidence and testimony were presented with respect to this application. The BOCC approved the application on that date contingent upon the County's ability to legally create an enterprise fund or to facilitate the imposition and collection of the proposed assessment. The County Attorney subsequently determined that the assessment was not legal and counseled the BOCC not to accept the assessment as part of the proposed amendments. 6. The BOCC subsequently reconsidered this application at duly noticed public hearings on March 24 and April 14, 2004, at which time evidence and testimony were presented with respect to this application. 7. The BOCC finds that tl~e proposed amendments to the Settlement Agreement, as amended by the BOCC (which included the elimination of the proposed real estate transfer tax), are appropriate and provide benefits to the County. 8. The $OCC further finds that the proposed extension of the deadline for construction of the ranch manager's unit on the common parcel is appropriate, given that housing is provided in an existing unit on-site. i~~~~~~~~~~ ms9$rr... Resolutinn Nn. y~ -'-1004 !'age 1 ' NOW THF,REFORE BE TT RESOLVED by the Pitkin County Board of County Commissioners 1 that it does hereby approve the requested amendments to the Chaparral Aspen Settlement Agreement as specified below: _ 1. The aggregate above grade floor area for the I 0 lots on the main ranch shall be reduced from 100,000 square feet to 85,000 square feet of floor area (as defined in the Settlement Agreement), such that five of the residences shall contain no more than 10,000 square feet of floor area; four of the residences.shall , contain no more than 7,504 square feet of floor area, and one residence shall contain no more,than 5,000 square feet. Z: The Applicant may seek approval from the County for three additional rural and remote cabins on Parcels 6, 7 and 8 of the Remote Parcel. The Applicant must obtain development rights and all applicable approvals, including -1041 hazard review, for the three cabins. 3. All of the cabins on the Remote Parcel shall tie subject to the following: A. Management, maintenance, and use of the cabins will be coordinated solely by the Chaparral Aspen Ranch Manager. This control will allow Chaparral Aspen to coordinate service and limit maintenance and servicc personnel to the cabins. Access to the cabins wi1J be gate controlled at multiple locations and the ranch manager will be notified in advance of a planned cabin usage. ' B. Except for the existing cabin located on lot 10, any new cabin will-be allowed only one owner. The three additional rural and remote cabin sites (lots 6, 7 and 8) will be limited for sale to individuals residing in the Woody Creek area, extending north from Highway 82 and from McClain Flats road where it crosses the Roaring Fork River to the Old Snowmass bridge. C. The rural and remote cabins are limited use cabins intended to serve recreational purposes and are not planned or designed. for year round occupancy. D. The design guidelines will provide for the use of reclaimed materials designed to blend into the Itatural landscape,.similar in nature to the cabin constructed on lot 10. All six of the cabins will be located offthe grid and utilize a combination of solar and propane power. The propane tanks 'will be underground tanks and propane delivery will be limited to twice annually for all six of the cabins and will be coordinated by the Chaparral Aspen ranch manager. 4. .The Applicant shall construct the public trail within the platted easement from Upper River Road across the Main Ranch parcel. The trail shall be subject to the restrictions contained within tl-e Trail Easement recorded as Reception No. 460243: The Applicant shall provide financial security for the construction of the trail within 60 days of the date of this approval or prior to issuance of an earthmoving permit for the trail, whichever comes first. Construction shall be completed prior to issuance of any Certificates of Occupancy for the affordable housing units on Homesteads 1 1 B and 11C. The trail shall be designed pursuant to the standards provided in the Pitkin County Trail Design and Management Handbook. The Pitkin County Open Space Land Steward shalt approve the final design, prior to submission of an earthmoving permit to construct the trail. 5: The deadline for construction of the ranch manager's unit on the common parcel is hereby extended to December 31, 2004, subject to continued provision of on-site housing for the manager in the "older cabin" on Homestead 1 until the Certificate of Occupancy is issued for the new unit. 6. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth. in Pitkin County Land Use .,..,.o..,,. Resolution No. ~-2U04 Page 3 Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on February 5, 2021. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 8~h day of August, 2003 and the 21" day of February, 2004. APPROVED AND ADOPTED on.~~he 14'x' day of April, 2004. PUBLISHED AFTER A,DOPTIO FOR VESTED REAL PROPERTY RIGHTS in the Asven Times Weekly on the day of,-,,~„~ 2004. j~ !y ~~. 'A ST: ~~ ~ '~ Je ette Jones, , f De uty Clerk and R~order APPROVED AS TO FORM: ~.~~ ~~ John El Co rney BOARD OF.COUNTY COMMiSS10NERS OF P1TKIN COl1NTY. COLORADO Dorothea Farris, Chair ~/ Date: ~ =ZS~• ° 7 APPROVED AS TO CONTENT: y Houben, Community Development Director Case #P079-03 PID# 264309401001,264309401002,264310201003,264310201004,264310201005,264310201006. 264309101007,264309101008,264309101009,264309201010 I~flV~N~IRdI~~I~NM~~~IW ans.=:,. •~ ~ ~ •{ ~ IIIIIC 1111111111~•IIIIII I~II~~ I~11111111 Ill IiIII Illl ll~f ~ =~~~~~~ Resolutton~Vo. !5"2000 ` 451430:''0Z%13/2001 10:.04A RESOLUTI DAYIS SILYr Pagel _ 1 of. 30~ R. 0.00•D 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION OF THE BOARD OF COUNTY C,ONIIVII3SI0NERS OF PrTF£ItY COUNTY, COLORADO, :~PPROti-Il`1G '1~ BRaUN R~YCH SETTLENIEi~1T ~.GREEMENT Resolution No. /SY-2000 RECITALS 1. Woody Creek Ventures, LLC, as the successor to the St. Clair Company, is the current owner of two, non-contiguous parcels of .land in Pitkin County, which together contain approximately 903 acres. The "lvfain Ranch Parcel" contains »3 acres and four Legally created dwelling units, and was the subject of a development application submitted to Pitkin County on October 20, 1998. The "Remote Parcel" contains approximately 3~0 acres and is undeveloped. 2. On July 1~, 1999, the Board of Counry Commissioners ("BOCC") denied St. Clair's request for approvals for the Main Ranch Parcel, pursuant to Resolution No. 99--1.3. 3. On August 13, 1999, William Braun, the previous owner of the parcels, and St. Clair .filed a p Complaint (Civil Action No. 99 CV 163, Div. 1) for (1) Rule 106 review, (2) Denial of due process and equal protection, and (3) Declaratory Judgment in the District Court for the County of Pitkin, State of Colorado, challenging the BOCC's denial. 4. St. Clair subsequently submitted a settlement proposal to the BOCC on January 12, 2000. The proposal consisted of 10 unrestricted dwelling units each containing an average of 10,000 square feet of floor area, relocation of the access from Woody Creek Road to River Road, and construction of fully deed restricted affordable housing uniu containin; at least 17 bedrooms. - 5. .The Pitkin County Planning and Zoning Commission ("Commission") considered the settlement proposal on July 18, 2000, and forwarded a recommendation of approval to the BOCC. . 6. The settlement proposal was considered by the• BOCC at regularly scheduled meetings on February 22 and 29, and at duly noticed public hearings on August 22 and 23; and September 13, 2000. 7. The BOCC finds that the settlement proposal satisfies the objections raised in Resolution No. 99- 43 and complies with or satisfies ail of the County's requirements and• criteria for the approvals 1 Resolution No. ~~2Q00 Page 2 _ described in the attached settlement agreement, and that the Court should enter an order causing the approval of the Braun Ranch, subject to the conditions of approval specified in the settlement agreement. Settlement agreement shown as Exhibit "1" NOW, TgEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the Braun Ranch Settlement Agreement and the Exhibits thereto in 'the form attached to this Resolution and directs the Chairman and County Attorney to execute and file with. the District Court a Stipulation which complies with the requirements of said Settlement Agreement. NOTICE OF PUBLIC HEARIi`tG PUBLISHED IN THE ASPE`t TIlti1ES on the 1 ~'~' day of July, 2000. APPROVED :~'YD ADOPTED on the 13'~ day of September, 2000. ~`}~1 PTTBLI~SHED AFTER ADOPTION IN THE ASPEN TI1i IES on-the ~~ day of _~, 200 . ~. ~. • BOARD OF COUNTY C01V(NIISSIONERS, PITKIN COUNTY, COLORADO ATTEST: ~~R. ean; Cleric to the BOCC APPROVED AS TO CONTENT: r ~.~LL _ ~~ ~ ~, Cindy Houbcn Community Development Director By ~ ~~'LI. x~i.G! r ~ ., Chair . t 2 E-~rN.~ APPROVED AS TO FORM: _ I_ John Ely C ttorney P 13 8-98 / PID 264309400001 / ~su2annew\pitkin\caseslspecrev\braunlsettlementlsettlement reso Ililli IIIII 111111 Iil{II IIIII 111 1111111 III 11111 IIII~IIII ._ Z 451430 02/13/2001 10.04A RESOLUTI DAVIS SILY ~ _e ~a e a as n A AA N 0.00 PITKIN COUNTY CO' ?b ~-1n1AL C~. SETTLEMENT AGREEMENT ~. ^ ~~ -ro aaso~vne~ . J, !9a- zoos This Agreement is made and entered into this 22nd day of January, 2001, by and between Woody Creek Ventures, LLC, a Colorado limited liability company ("Woody Creek") and the Board of County Commissioners of the County of Pitkin (the "BOCC") RECITALS ~: 0 N ~ ~ ~" =N O ~ N a~ -~ M ~ Q.' d W. ~~B ion a ~~_ m ~~~ .~ m '~" m o ~ 1N~ 'm N 0: r~~ ~~ N A ~~~ o a~ A, Woody Creek, as the successor to the St. Clair Company ("St. Clair"), is the current owner of two non-contiguous parcels of land in Pitkin County, Colorado, which together contain approximately 903 acres. Both pazcels are described on Exhibit "A." The "Main Ranch Parcel" of 553 acres contains four legally established dwelling units. The "Remote Parcel" of approximately 350 acres is undeveloped. B. As the previous owner of the Main Ranch Parcel and Remote Parcel, William Braun ("Braun") is a Plaintiff in the Civil Action described below along with St. Clair as the initial applicants for development approval. C. Pitkin County is a political subdivision of the State of Colorado. The Board of County Commissioners of the County of Pitkin is its. governing body. D. On or about October 20, 1998, and with the consent of Braun as the then owner of the Main Ranch Pazcel, St. Clair filed with the Aspen/Pitkin County Community Development Department an application for certain land use approvals in order to subdivide the Main Ranch Parcel into lots of at least 35 acres in size for residential development. As originally conceived, the project described in the application was to consist of 15 single family lots, 15 caretaker dwelling units, a ranch manager's dwelling unit, 2 employee dwelling units and common equestrian and agricultural facilities. The number of single family lots and caretaker dwelling units was subsequently reduced by St. Clair to 14. E. The application requested the following approvals: 1. 1041 .Hazard Review and Conceptual Submission to establish building and development envelopes on each proposed lot. 2. GMQS Exemption to replace 4 legally established dwelling units 3. GMQS Exemption and Special review to designate certain lots as TDR receiver sites. 4. GMQS Exemption and Special Review to construct caretaker dwelling units and employee dwelling units. I 4'31430 0Z/13/2001 10:04A RESOLUTI DAVIS SILVI 3 of 30 R 0.00 D 0.00 N 0.00 ~ITKIN COUNTY CO i t F. On July 14, 1999, the BOCC denied St. Clair's request for approvals as set forth above. G. On August 13,1999, Braun and St. Clair filed a Complaint (Civil Action No. 99 CV 163, Diy. 1) for (1) Rule 106 review, (2) Denial of Due Process and equal protection and (3) Declaratory Judgment in the District Court for the County of Pitkin, State of Colorado (the "Court") challenging the BOCC's denial. H. After filing the Complaint, St. Clair engaged in an extensive process of re-evaluating the elements of its initial application in order to determine whether revisions could be made that would satisfy the objections of the BOCC and allow St.' Clair to pursue reasonable development of the Main Ranch Pazcel. St. Clair sought the advice and counsel of the Woody Creek Planning Commission and, based thereon, prepared and submitted a settlement proposal to the BOCC on January 12, 2000 (the "January 12 Settlement Proposal"). The revised project described in that proposal addresses the concerns of both the BOCC and the Woody Creek Caucus Planning Commission by reducing the number of unrestricted dwelling units to 10, restricting the size of those units to an average of 10,000 square feet above grade, moving the access for the project from Woody Creek to Lower River Road and by committing to construct fully deed restricted affordable housing units containing at least 17 bedrooms. The revised project is referred to herein as "Braun Ranch-2". I. The January 12 Settlement Proposal and the specific element of Braun Ranch-2 were considered by the BOCC at scheduled and noticed meetings on February 22, February 29, August i 22nd, August 23`~ and September 13,'2000. The meetings of August 22°d, August 23`d and September 13`h, 2000, were noticed by mailing, publication and posting. At these regularly scheduled meetings, the public and all interested parties were afforded the opportunity to provide comment on Braun Ranch-2 and the January 12~' Settlement Proposal. J. In addition to opportunity for comment at public meetings, the public and all interested parties have been able to review all maps, plats, consultant's studies and other information submitted to the Aspen/Pitkin County Conununity Development Department in connection with the initial application and the January 12 Settlement Proposal. K. On April 14, 2000, St. Clair assigned all of its right, title and interest in and to the Main Ranch Parcel and the Remote Parcel to Woody Creek and Woody Creek acquired those Pazcels from Braun on that date. L. As a result of revisions to the initial development application as contained in the January 12 Settlement Proposal, and on the basis of comments from the Pitkin County Planning Commission and staff, the public, the Woody Creek Caucus Planning Commission and Woody Creek, the BOCC has determined that Braun Ranch-2 satisfies the objections raised on July 14,1999, that Braun Ranch-2 complies with or satisfies alI of the County's requirements and criteria for the -2- _~ I ~ 'I I ("`II "III ~~IIII I"I'I I' III"'ll (lt'I III "III'~~I I'~) 401430 02/13/2001 10:04A RESOLUTI DAVIS SILVI dSiRO2 02/iE/2001 ii:00A ORDER DAVIS SILVI 4 of 30 R 0.00 D 0.00 N 0.00 PiTKiN COUNTY CO approvals described below, and that the Court should enter an order causing the approval of Braun Ranch-2 as more particularly set forth below. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agrees as follows: 1. Consent Decree. The parties shall jointly file with the Court a stipulation requesting that the Court enter a final order which has the effect of granting the land use approvals described in Paragraph 2, below, for the project known as Braun Ranch-2 which consists of the following elements: a. Ten residential lots on the Main Ranch Parcel ranging in size from 35 to 119 acres in the configuration and with the development, building envelopes and road layout as illustrated on the site plan attached hereto as Exhibit "B". b. Ten lots on the Remote Parcel containing at least 35 acres each. c. Four 3-bedroom single family detached affordable housing units, one of which will be reserved for the manager of Braun Ranch, and four 2-bedroom units in two duplex buildings all of which will be located on Lot 1 I . The eight (8) units will be owned and operated in accordance with the voluntary rental restrictions as described . in Paragraph A.10 of the Conditions of Approval referred to in Paragraph 3, below. ' . d. Agricultural and equestrian oriented buildings and facilities to be located on Lot 1 1. 2. Description of Approvals. The approvals to be granted by the Court for Braun Ranch-2 consist of the following: . a. 1041 Hazard Review and Conceptual Submission to establish building and development envelopes on each of the l 0 residential lots on the Main Ranch Parcel. b. GMQS exemption to replace 1 legally established dwelling unit on Lot 4 of the Main Ranch Parcel with a new detached residential dwelling unit (which may contain the maximum squaze footage allowed for any lot within the Main Ranch Parcel as set forth in Paragraph A.1. of Exhibit C). c. GMQS exemption for the construction of new dwelling units which may contain a maximum square footage allowed for any lot within the Main Ranch Parcel as set forth inParagraph A.1. of Exhibit C, on any thrce lots within the Main Ranch Pazcel .. upon the recording of a restriction requiring the preservation of 3 historic dwelling units located or to be located on those lots within the Main Ranch Parcel. -3- I~"ll II~1I III "~'I tlii I"I ~ ( 10: @4A RESOLUTI DAVIS SILVI I I"III VIII "III' I~IIII I' II 431430 02/13/2001 451542 02/15/2001 11:00A ORDER. DAVIS SILVS 3 of 30 R 0.00 D 0.00 N 0.00 AITKIN COUNTY CO ^ _t ~a s a AA ~- e~ ae~ u A AA CTTKiN ~!Al11dTV ~!A d. GMQS exemption and special review approval for the use of Transferrable Development Rights on any of the residential lots on the Main Ranch Parcel for which the above referenced replacement or historic GMQS exemptions are not available. e. GMQS exemption and special review to construct caretaker dwelling units on each of the 10 residential lots and for 8 employee dwelling units to be constructed on Lot 11 of the Main Ranch Parcel and operated pursuant to the voluntary rental restrictions as described in Exhibit C. ~. f. The establishment of vested rights (as defined Exhibit C, Section C) which shall expire five (5} years from the date on which the Court enters the Order approving Braun Ranch-2, as contemplated in Paragraph 1, above. ;, Conditions of Apnrovaa. The approvals described in Paragraph 2, above, are and shall be subject to the conditions as set forth in Exhibit "C" attached hereto and incorporated herein by this reference. 4, Proiect Name Change. The parties acknowledge and agree that the Subdivision Exemption Plat and_ 1041 Hazard Review Site Plan, the Declaration of Protective Covenants, the Development Agreement, the Design and Development Guidelines and related documents which are referred to in the Conditions of Approval may reflect a project name different from Braun Ranch-2 at the time of execution and recording. 5, Enforcement. Upon entry of an order granting the conditional approvals set forth above, the BOCC shall have the same authority to enforce the approvals and require compliance with the conditions as though the BOCC had adopted an ordinance of approval in accordance with the procedural and substantive requirements of the Pitkin County Land Use Code. 6, Costs and Fees. Each party shall be responsible for the payment of all court costs and legal fees incurred by that party in this action. ~, Release of BOCC Resolution 99-42,. Upon recording of the Order of Approval to be issued by the Court in the public records of Pitkin County, Resolution 99-42 (Reception No. 436904 in the public records of Pitkin County) by which the initial Braun Ranch application was denied shall be deemed repealed and of no further force or effect. 4 I I"I ~'lll "II~' ~"I'~ I' III"~~~ (I~~I II~ ~'ll"III I"I I I '~ II 451430 02/13/2001 10:04A RESOLUTI DAVIS SILVI 4Sis42 02/is/2001 11:00A ORDER_DAVIS_SILVI __ a _~, za e a AA n a AA u a as s:TVru ~-~:~u*v ~~ Executed in duplicate originals the date above first written. WOODY CREEK VENTURES, LLC, a Colorado lim' ed liability company By: `~G. Satpa, Mana~~ • ~ ~%~.~ ~'~/-. William Braun BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY ~ Chairman M • ~'~~ ~_ Attest• , ; ee R. Dean, Clerk to the BOCC G:\Client\Woody Creek Ventures\Settlemrnt Agreement 111111 VIII111111111111II Rltloll VIII III VIII IIII IIII -5- 41i430>02/13/2001 10:04A RESOLUTI DAVIS SILVI 7 el' 30 R 0.0A D 0.00 N 0.00 PfTKIN COUNTY CO 111111 111111111111111111111111111 IIIII III IIIII IIII IIII 442348 04/14/2000 03:23P 'r=C WO DAVIS SILVI 4131542 02/1S/2001 11e00A ORDER DAVIS SILVI 4 of 9 R 4'3.00 0 2300.00 N 0.0Q PITKIN COUNTY C 8 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT "A" LEGAL DESCR1PT10N PARCEL I All that part of Lots 2, 3, 4, 12, 17, 19, 20 and 21 of Section 9, Township 9 South, Range 85 West of the 6th P.M., ly~g Easterly and Southerly of the following described line: Beginning at the West Quarter Comer of said Section 9, thence S. 68 degrees 58 minutes 16 seconds E. 822.4'1 feet to a fence corner as constructed and in place; thence N. 03 degrees 40 minutes 16 seconds W. 1048.40 feet to a rebar and cap in place along said fence; thence N. 23 degrees 14 minutes 57 seconds E. 385.83 feet along said fence to a rebar and cap in place; thence N. 79 degrees 44 minutes 55 seconds E. 111.31 feet along said fence to a rebar and cap in place; thence N. 30 degrees 51 minutes 59 seconds E. 549.34 feet along said fence to a rebar and cap in place; thence S. 43 degrees 59 minutes 31 seconds E. 192.07 feet along said fence to a rebar and cap in place; thence N..30 degrees 37 minutes 08 seconds E. 718.13 feet along said fence to an old iron bar found in place; thence S. 39 degrees 55 minuses 49 seconds E. 53.72 feet along said fence to a rebar and cap in place; thence S. 49 degrees 17 minutes 04 seconds. E. 694.62 feet along said fence to a rebar and cap in place; thence S. 65 degrees 43 minutes 21 seconds E. 190.54 feet along said fence to a rebar and cap in place; thence S. 79 degrees 01 minutes 31 seconds E. 94.01 feet along said.fence to a rebar and cap in place; thence N. 87 degrees 06 minutes 35 seconds E. 528.96 feet along said fence to a rebar and cap in place; thence y. 59 degrees 33 minutes 11 seconds E. 269.89 feet along said fence to a rebar and cap in place; thence N. 45 degrees 41 minutes 47 seconds E. 655.29 feet along said fence to a rebar and cap in place; Thence N. 31 degrees 41 minutes 10 seconds E. 464.41 feet along said fence to an intersection with a fence as constructed •nd in place. EXCEPT that portion conveyed out by document recorded December 22, 1977 in Book 340 at Page 851. PARCEL -! Township 9 South, Range 85 West of the 6th P.M. Section 9: Lot 16 and the NE 1J4 NE 1/4 Section 10: Lots 10 and 11 PARCEL III Lots 7, 8 and 9 in Section 9, Township 9 South, Range 85 West of the 6th P.M., and that part of Lots 3, 4 and 6 in Section 10, Township 9 South, Range 85 West of the 6th P.M., lying Northwesterly of-the following described line: Beginning at a point on the South line of said Section 9 whence the corner common to Sections 9, 10, 15 and 16, Township 9 South, Range 85 West of the 6th P.M., bears S. 89 degrees 10 minutes E. 50.9 feet; thence N. 10 degrees 0 minutes E. 288.00 feet;. thence N. 19 degrees 36 minutes E. 471.OO~feet; thence N. 36 degrees 15 minutes E. 1217.00 feet; thence N. 46 degrees 19 minutes E. 548.00 feet; thence N. 34 degrees 01 minutes E. 524.2 feet; thence N. 42 degrees 22 minutes E. 705.00 feet; hence N. 38 degrees 15 minutes E. 160.00 feet and thence N. 52 degrees 33 minutes E. 512.00 feet to the North line of said Lot 3, easements described in Document No. 101920. PARCEL IV ~ --~-- Township 9 South, Range 85 West of the 6th P.M. 401430 02/13/2001 10:04A RESOLUTI DAVIS SILVI \ ~ ~ ~~ ~ A AA /- A AA V /A AA OtT1tTN ~AIINTY CO Section 9: Lots 5, 6, 10 and 11 - erection 16: Lots 2, 3, 6 and 8 All of the above described tract of land was originally patented as the S 1/2 SE 114, NW 114 SE 1/4 and SW 1/4 NE 1/4 of Section 9, Township 9 South, Range 85 West of the`` 6th P.M. EXCEPTING, however, alt that part of Lots 2, 3 and8, Section 16, lying South and West of the Denver and Rio Grande right-of-way and also excepting that portion of Lot 1, Elam Subdivision lying within subject property. Section 9: All that part of Lot 13 lying North and East of the Denver and Rio Grande Railroad right-of-way. PARCEL V Township 9 South, Range 85 West of the 6th P.M. Section 9: All that part of Lot 15 lying Northerly and Easterly or the Denver and Rio Grande Railroad right-of-way. PARCEL VI Township 9 South, Range 85 West of the 6th P.NI. Section 3: Lots 1, 2, 3, 4 and 5, SW 1/4 NE 1/4, S 112 NW 1/4 EXCEPTING FROM THE ABOVE: BRAUN SUBDIVISION, according to the Plat thereof recorded December 26, 1996 in Plat Book 41 at Page 21. 442348 04/14/2000 03:23P SPEC WD DAVIS SILVI S of 9 R 4'3.00 D 2300.00 N 0.00 PITKIN COUNTY CO 11111111111 ifllll 11111111 IIII1111 II111 III IIIII IIII IIII 4Sis42 02/iS/2001 11:00A ORDER DAVIS SILVI v of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 431430 02/13/2001 10:04A Rl:$OLUTI DAVIS SILVI 9 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO T ~~ U 2 ~. JIB R m O Q O J 0 U j 0 _Z '/. i.a''~ rat, :i:~:`:~:-~~ C, jlg~-° ..,~k ^". . ~, ,~~ :..~:-- t - t.: r,' ''a ~ .:~., i ,,r: r ~. . • . ~ • Ir'I ~w~ .. ~Il _ .i .'1 .'• ~~~ ~~ a~~ ~~ ~R ~, ~~ Z~~p~ 0 Q99°e ~d ~~s~ <,8$ ~~~ ~~~~ W ~~ lli ~ u W ~~ Y ~~~_ ~j ~~~°a l G~~$Q v ~~ ~ ~~~ ;~ax ~_ ~ ... I ~ I I~IIII "fl) "III' I"I'I I' ~II"fII ~I") III "I'II ('I I"I 451430 02/13/2001 ~,0:04A RESOLUTI DAVIS SILVI 401342 02/is/2801 31:00A ORDER DAVIS SILVI 10 of 30 R 0.00 D 0.00 N 0.00 PITKiN eouNrY ce 10 of 30 R 0,00 D 0.00 N 0.00 PITKIN COUNTY CO h ~~~~ ~~~~~ ~~~~~~ ~ ~~~~~~~ ~ ~~~~ ~ ~ ~g ~~~~~ ~ ~ ~~~~ s~ ~~~~~~~~~ uiii ~ i iu i ww~MMrrKw~le~r~ ~~p~y~pNQ71RM11i1W7y0 rr Nvw~~~ I171lN MvM 91 Ar/0~ 1WKO01OM qIO ~ yM100 MMV ~y *ce w.V 'tt ' . ~. ...r ~b'~ i/ A ~ 1 ~. Y~y~~lli ~ ~f ~ ~~ ~ ~ U 1 ~R O 1 ~~~IY~~ 1 i~ M 1 v a ar N Qf w ~ ~ U ? Z ~H Q _~ V ~N2 H w ~0H `~ d -~ ~ ~0~ ~ am z ~~ m ~ ~~ ~ m ~r+D m ~~ N ~ ~~~iO ~~ ~~ N ~mB ~N~ j• ' h 0 '~ '~ .+ M / \ ~ l 11 ~\ v~~ / p ~<• y~~ f \ \~// \~~ , ~ \ ~/ Q M ~ is \~ \ ~v/ ~ ~ \~/ AM \ pp~ \~ 7~, /~ \ (/ a .~' , ~ 1 I My M /^~ ~ v I ~ ~A ~ ~pM 1 :y / ~ ~ I ^\\ \ / / 00 ~ \ \i / M `~~ :~/ / ~~/ ^ ,~! V OEM (V .nd'~"~,~rr' O / r . ~„ ~~~~c-1~ ~ I ., ~ 1 a ~~ 97 r _J NM LL ~~J t\ iN \\ 1 :~ 1~ ~ \ \` d7 I~ ~`+~ ,\ ~ J,~ ~-J n J ! jr I ~ ~ L~// \ ,//i// ~/ i N / o~ \ ~/~~/ ~~ / ~~~~ i / 461430 02/13/2001 10:04A RESOLUTI DAVIS SILVI 11 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ~ 3• .~,- '"' E~~iIBIT "C" SETTLEMENT AGREEMENT BETWEEN WOODY CREEK VENTURES, LLC, WILLIAM BRAUN AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY BRAUN RANCH-Z -CONDITIONS OF APPROVAL A. The following conditions shall apply to the Main Ranch Parcel. As used herein, the term "Applicant" refers to Woody Creek Ventures, LLC. The aggregate building square footage of dwelling units on the 10 residential lots shall not exceed 100,000 squaze feet together with, on a per unit basis, up to 4,000 square feet ofsub- gradefloor azea, 750 sq. feet of above grade garage space and such deck, porch and overhang azeas as are more particularly described in Exhibit 1 to these Conditions of Approval. The aggregate square footage (not including the allowed additions) may be distributed in the following manner: two dwelling units may contain up to 15,000 square feet, two dwelling units may contain up to 12,000 square feet, and of the balance, no dwelling unit shall contain more than 10,000 squaze feet. Caretaker units may be constructed within the principal residence on each lot or may be incorporated in a detached garage. The square footage of any Caretaker unit shall be counted in determining the actual floor azea of any residential dwelling unit on a residential lot. 2. Except for garages, existing agricultural buildings and historic structures, new outbuildings and other types of accessory buildings (including agricultural structures) will not be allowed on any residential lot. 3. Within Lot 11 (the Common Parcel) the Homeowners Association may construct barns, storage sheds, garages, stables, corrals and other customary farm and ranch facilities, provided that the total square footage of alI such buildings, shall not exceed 30,000 square feet, and provided further that no single building may contain more than 17,500 sq. ft. and that such structures are clustered and screened from view with landscaping to the extent reasonable and practicable. Building sizes and the extent of clustering and landscaping shall be reviewed in connection with the rezoning of the Common Parcel pursuant to Paragraph ~A.10., below. This limitation shall not apply to the floor azea of any affordable housing . located within Lot 11. 4. Prior to recordation of the Subdivision Exemption Plat and 1041 Hazard Review Site Plan; the Applicant shall submit the following documents for review and approval as to form and content by the Community Development Department and the County Attorney: a. Declaration of Protective Covenants, which shall include at a minimum: (1) Restrictions on development activity within the areas defined as Building and Development Envelopes. _.... . I ~"II~'I~II "III' I"I'I I' (II"'I{ (~") III "I"I III I"I 431430 02/13/2001 10:04A RESOLUTI DAMS SILVI 461642 02/15/2001 11:00A ORDER DAMS SILVI ~~ se aA p A AAA A AA W A AA piTIfTN rn11NTV nn 12 of 30 R 0.00 D 0.00 N 0.80 PITKIN COUNTY CO (2) Prohibition on placement of any access control equipment, gates or walls at the entry to the subdivision off of River Road where such structures could be viewed by the public from River Road. (3) Wildlife protection restrictions and limitations on domestic animals as identified by Rick Thompson of Western Ecosystems, Inc. in his~report dated September 24, 1998, except as amended below. (4} Irrigated Lands Calculation: In calculating the land azea which shall be imgated, any land area devoted to irrigation ponds shall be included. as .irrigated lands and, similarly, land areas which contain underground utilities, including septic tanks and leach fields, shall be included as irrigated lands provided that the surface above such utilities is subject to the above referenced agricultural easement. In the course of developing Braun Ranch, irrigation. and crop production may be temporarily discontinued in order to _ accommodate the construction of roadways, driveways, the installation of utilities, including septic tanks and leach fields, the installation or construction of drainage structures, the construction of irrigation ponds, the reshaping of land areas within development envelopes and the construction of residential structures provided that the land areas which are to be irrigated for hay production or otherwise aze reclaimed for such purpose within a reasonable time after their disturbance. ~. (5) Adoption of the Design and Development Guidelines by reference and a requirement for compliance therewith. (6) Establishment of an Agricultural Easement, in which the Applicant shall commit to irrigate, in perpetuity, at least 351.5 acres of land within the boundaries of the Main Ranch Parcel whether or not such irrigated lands aze within development envelopes or building envelopes. The foregoing notwithstanding,the HvmeownersAssociation with the consent of individual lot owners subject to the Agricultural Easement may remove portions of hayfields from hay production for the sole purpose of planting and maintaining stands of native trees or meadows containing native wildflower, shrubs and grasses. ~ This commitment shall satisfy the requirements of Section 3-70-060(C) of the Land Use Code, which requires preservation "of at least 95% of the acreage historically available for human food production, or hay, grain and other feed crops for livestock." As of the date of this approval, 370 acres of the Braun Ranch have been and continue to be irrigated for hay production. The easement shall run with the land and shall be enforceable by Pitkin County. -2- ill 111111111111 111111 11111111 IIII1111 Illii 1111111111111111 431430 02/13/2001 10:04A RESOLUTI.DAVIS SILVI 4Sis42 02/is/2001 11:00A ORDER DAVIS SILVI .~ - ~- w ww w w ww .~ w ww w~~VTV AAIf~tTV AA /A -P 911 S A AA A A ~AA ~t A AA ~TTV ~~1 AA/IU7V AA t (7} Deed restriction precluding further subdivision, increase in dwelling unit density and/or development of the Main Ranch Parcel, except for the subdivision, and development of affordable housing or the use of transferrable development .rights. (8) Deed restriction protecting the area above the Salvation Ditch on the Main Ranch Parcel as wildlife habitat, in which development is prohibited, excluding utilities, maintenance or upgrading of agricultural facilities (e.g. existing ditches and irrigation systems and access roads for same) and maintenance and upgrading of the existing ranch roads. (9) Specify the provisions of the Covenants that are enforceable by the County and that cannot be modified or amended without County approval, including the requirement for compliance with the Design and Development Guidelines. (10) A provision providing for a perpetual waiver of any right to claim an agricultural exemption from Pitkin County property taxes for each of the 10 residential lots which automatically takes effect, on a lot by lot basis, upon the issuance of a certificate of occupancy for any single family residence on such lots. (11) A provision requiring that, within a reasonable time following issuance of a certificate of occupancy for the principal residence on Lots 1-10 (not including historic structures or cazetaker units), the Owner of the lot in question shall prepare and record an amendment to the Plat which reduces the building envelope to a maximum of two (2) acres. b. Development Agreement. The Development Agreement shall require that Applicant provide adequate financial security (i.e. letter of credit) to assure the timely completion of the affordable housing required by Paragraphs A.10,11 and 12 below. The financial security shall be provided prior to the issuance of any building permit for unrestricted residential lots. c. Design and Development Guidelines. Such Guidelines shall contain a statement of intent to require landscaping on each residential lot which is designed, installed and maintained so as to screen, to the extent practicable, the view of residential structures from Colorado Highway 82. The Guidelines shall also incorporate a requirement for submission of all architectural and landscaping plans which require the approval of the Design Review Committee to the Aspen/Pitkin County Community Development Department for review and comment prior to any action by such committee. d. Trail easement which complies with Paragraph A.28 and B.3 of these Conditions of Approval. -3- . ... II I IIIII! IIIII 111111 111111 li illillll IIIII III 111111 III I 4'31430_02/13/2001 A0~04u aEaaLotTKDiNVCOUNTYVCO 1410~230~R10/000D 0100 N 0R00RPITKtN COUNTY CO e. Subdivision Exemption Plat and 1041 Hazard Review Site Plan. $. The Applicant shall submit a Subdivision Exemption Plat and 1041 Hazard Review Site Plan (the "Plat") to the Community Development Department for approval as to form and shall be recorded prior to submission of any earthmoving, access, ISDS or building permit applications. The Plat shall also be submitted in digital format for integration into the County's GIS system. The mylaz copy of the Plat must be signed by the owner prior to submittal for recording. The Plat shall be modified as follows: a. Identify the irrigated lands that are subject to the Agricultural Easement and the protected wildlife habitat. b. Identify the approved building and development envelopes and driveway corridors. c. Establish a 200 foot setback between the building envelopes on Lots 6 and 7 and the undisturbed native habitat areas. d. Identify the access easement for the access from River Road. e. Provide signature blocks for the Chairman of the Board of County Commissioners and the owner, and an Acceptance for Recording block for the Clerk and Recorder. f. Include the following disclaimer on the site plan: "1041 environmental hazard areas exist that might affect the property, any improvements, and the use and occupancy thereof." g. Include the location, dimensions and design of a detention basin and run off channel on Lot 7. h. Delineate a building envelope on Lot 11 to accommodate all structures on that lot, excluding the affordable housing site. 6. Concurrent with recording ofthe-Plat, the Applicant shall record the following documents: a. Declaration of Protective Covenants containing the required Agricultural Easement wildlife habitat provisions, restrictions against further subdivision and/or development and reference to the approved Design and Development Guidelines. b. Development Agreement. c. Trail easement which complies with Paragraphs A.28 and B.3 of these Conditions of Approval. -4- III1111111111111111111Illlilll IIIIIllitllllllllllll II I II~ 42 02/iS/2001 11:00A ORDER DAVIS SILVI Isia30 02/i3/200i i0_04A REeaLeTTKINVCOUNTYVCO 16 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 7. Prior to commencement of infrastructure and utilities, the Applicant shall prepare and submit to the County Engineer for review and approval a Construction Management Plan that shall include a construction traffic management plan addressing off-site impacts of construction . traffic, deliveries and parking requirements for contractors and equipment, as well as construction traffic signage .and control. 8. Prior to submission of any permits for the development, the Applicant shall. submit an application for an access permit for the common road improvements to the County Engineer for review and approval, including the new entry off River Road in the vicinity of the Gravel Pit. The access permit shall include plans and profiles of all of the proposed internal road improvements which will be consistent with previous recommendations of the County Engineer. All. road improvements shall comply with the standards and requirements of the County and the Aspen Fire Protection District, and shall be completed prior to issuance of building permits for any new residential dwelling units on the Braun Ranch. 9. Prior to submission of any earthmoving permits for the development, the Applicant shall: a. Submit an overall fugitive dust control plan for review and approval by the Environmental Health Department. The Plan shall include measures to insure that dust does not become a nuisance or blow onto adjacent property. b. Submit a detailed grading, drainage and erosion control plan for review and approval by the County Engineer. Said Plan shall address at a minimum sedimentation control ~~~ during grading and construction activities, and on-site retention. 10. Within 60 days after recording a Subdivision Exemption Plat and 1041 Hazard Review site plan for the Main Ranch Parcel, Applicant shall file an application for the subdivision and rezoning of the Affordable Housing Site on Lot 11(as defined below) from RS-20 to AH and for subdivision approval in order to create a separate lot or lots for the development of 8 affordable housing units and to accommodate the subsequent rental or sale of those units to qualified tenants or purchasers. The application shall contain all information required by the Pitkin County Land Use Code and the "Housing Guidelines" of the Aspen/Pitkin County Housing Authority (the "Housing Authority") including a site plan, parking and access plan and floorplans for four 3-bedroom single family dwelling units and four 2-bedroom dwelling units in duplex configuration. The Applicant shall execute an acknowledgment that the application for rezoning and subdivision cannot be withdrawn and a consent to its approval as submitted. The BOCC shall be entitled to impose reasonable and customary conditions on any such approval with the consent of the Applicant, which consent will not be unreasonably withheld. Ownership of the 8 dwelling units will be transferred upon completion to a Colorado limited liability company in which the Housing Authority will be issued have the option to acquire an undivided 1/10 of 1% membership interest. The purchase price for the membership interest will be 1/10 of 1% of the estimated cost to construct the eight units as reflected in the Development Agreement referred to in paragraph -5- -- ..__.. VIII "III' I"I'I ~' I~I"'ll III~I III "III Iii I II II~'lII 02/!6/200! 31:00A ORDER DAVSS SILVI 461430 02/13/2001 10:04A RESOLUTI DAVIS SILVI 431542 ... _r soles A_00 D 0.00 N 0.00 PITKIN COUNTY CO A.4.b., above. Ownership, operation, rental and resale of the units will be governed by an affordable housing deed restriction to be executed by the owner of the 8 units and recorded prior to the issuance of any building permit and also by the terms and conditions of an Operating Agreement among the members of the ownership entity both of which shall ' incorporate or provide for certain operating principles as set forth in the proposal attached hereto and incorporated herein as Exhibit 2 to these Conditions of Approval. It is the intent and understanding of the parties that the provision of Affordable Housing, as stated herein, is an essential component of this Settlement Agreement. Accordingly, the BOCC and the Applicant, for themselves, their successors and assigns, waive any right that they may have now or in the future to challenge the affordable housing deed restriction on the grounds that it violates the provisions of CRS §38-12-301. Furthermore,. neither the BOCC nor the Applicant shall undertake or support any legal action which would or could have the effect of invalidating the affordable housing deed restriction on those grounds. This restriction shall apply to any and all successors and assigns of the Applicant in ownership of the affordable housing units to be developed pursuant to this provision and to the BOCC, . APCHA or any other party to or beneficiary of the affordable housing deed restriction. In the event of any legal action in contravention of this provision, the parties acknowledge that there may not be an adequate remedy at law and that the non-breaching party shall be entitled to assert this provision in support of and to obtain injunctive or other equitable relief to prevent the breaching party from asserting a violation of CRS §38-12-301. 11. Subject to rezoning and subdivision as provided in paragraph 10 above, Applicant shall construct affordable housing containing at least 20 bedrooms in the following cow guration: four 3-bedroom single family units and four 2-bedroom units in duplex configuration. Except for the Ranch Manager's unit, the. affordable housing will be constructed in the abandoned gravel pit along the westerly boundary of the Main Ranch Pazcel, adj acent to the Denver and Rio Granderight-of--way (the "Affordable Housing Site").The Ranch Manager's unit will be constructed in the vicinity of the Common Facilities as described in Paaagraph A.3, above. The Ranch Manager's unit shall be restricted to category 4 rental rates and/or sale prices as specified in the Housing Guidelines and the remaining employee dwelling units shall be restricted at a minimum to the Category 3 rental rates and/or sale prices as specified in the Housing Guidelines. Floor plans of the units shall be provided to the Housing Office prior to issuance of building permits. Except for the Ranch Manager's Units, the employee dwelling units shall be limited to a maximum of 1,500 net liveable square feet each. The Ranch Manager's Unit shall not exceed 3,000 net livable square feet. f 12. Within two years after recordation of the Plat, the Applicant shall have completed construction of and obtained a certificate of occupancy for the Ranch Manager's Unit on the Common Parcel. The remaining affordable housing units shall be completed prior to or in ' conjunction with construction of unrestricted dwelling units. At least one of the restricted units shall be completed and the certificate of occupancy shall have been issued prior to the certificate of occupancy for each of the unrestricted units until such time as all restricted units -6- -~~ ~ I II Illlllli illll III 111111 ill IIII I Illill Ilill illlll i11111:00A ORDER DAVIS SILVI ii! 430 02/13/2001 10:04A RESOLUTI DAMS SILVI_ 461s42_02/lA/ae0i0n 0.00 N 0.00 PITKIN COUNTY CC T ~ ~ have been completed, provided, however, that all restricted units shall be completed and certificates of occupancy shall have been issued no later than September 13, 2005. 13. Prior to submittal of an ISDS permit for each lot, the owner shall provide documentation of • adequate quality and quantity of water from a well to the Environmental Health Department. The well must be located within a building or development envelopes. Well sharing shall be allowed. 14. For all lots that are Receiver Sites for transferable development rights ("TDRs") and prior to submission of any building permits, each lot owner shall submit an executed Irrevocable Certificate of TDRs and a recorded deed or other assignment evidencing the sale or transfer of the Certificate to the lot owner. The number of Certificates required for each designated Receiver Site shall be based on the floor area of the residential structure to be constructed thereon, including additions following initial construction. The first Certificate shall allow 5,000 sq. ft. and each additional Certificate shall allow 2,500 sq. ft.. As provided in Paragraph A.1, above, the first 4,000 sq. ft. of sub-grade floor area, the first 750 sq. ft. of above grade garage space as well as certain decks, porches and overhangs may be constructed without the necessity of obtaining a Certificate. The foregoing square footage "value" of Certificates shall be effective during the vested rights period as described in Paragraph C, below, and thereafter unless such value is revised by amendment to the Pitkin County Code. 15. Prior to building permit application, the owner of each lot shall: ~~- a.. Obtain approval of an ISDS permit from the Environmental Health Department. Septic systems shall be located within the approved building or development envelopes and must comply with the setback requirements from surface and groundwater sources. A qualified professional engineer must design the system. b. Obtain afireplace/woodstove permit from the Community Development Department. c. Obtain an access permit for each individual driveway, which shall be approved by the County Engineer. Driveway shall be located within the driveway comdor designated on the Plat. If the driveway exceeds 30 inches above or below natural grade within the setbacks, the owner shall subrriit and the Board of Adjustment shall consider a variance application prior to issuance of the access permit. d. Submit a site specific drainage plan for review and approval by the County Engineer. Said plan shall address positive grading away from the residence, diversion of up- slope water from the building site, and on-site detention of flows from roofs and other impervious surfaces. e. Submit a fugitive dust control plan for review and approval by the Environmental Health Department. -7- I I'il~~ "~II ~'I~I~ I~'~'I I' III"'II ~~"I ~~I "II'I ~I) I~'I 451430 02/13/2001 10:04A RESOLUTI DAVIS SILVI 42 02/is/2001 11:00A ORDER DAVIS SILVI 18 of 30 R 0.00 D 0.00 N 0.00 'ITKIN COUNTY CO f. If applicable, submit to the Housing Authority for recording a caretaker dwelling unit deed restriction. The cazetaker dwelling units shall be limited to a maximum of 700 net livable square feet. Floor plans of the units shall be provided to the Housing Authority prior to issuance of building permits. g. Provide a trip generation study if the unrestricted residential structure exceeds 5,000 gross square feet for review and approval by the County Engineer, unless Applicant has previously provided the County with a trip generation study for the Main Ranch Parcel which is based upon the maximum build-out potential of each lot. The individual lot or Main Ranch Parcel study shall be developed by a traffic engineering consultant hired by the owner and pre-approved by the County Engineer. 16. The proposed development is exempt from the exactions in the Pitkin County Land Use Code for parks/recreation/ open space and school land dedication, however, the Applicant has voluntarily agreed to make certain contributions, based on the regulations currently in effect. Therefore, prior to issuance of any building permits, the owner of each residential lot shall: a. Make a cash payment of $1400 to the County in lieu of dedicating land for parks/recreation/ open space. b. Make a cash payment of $300 in lieu of dedicating Iand to the Aspen School District. t c. Pay the applicable Road Impact Fee. 17. Prior to or concurrent with issuance of the Certificate of Occupancy for the unrestricted residence on each lot, except the Common Parcel, the Certificate of Occupancy for any caretaker dwelling unit on the lot shall also be issued. 18. The following wildfire mitigation standards shall apply to all lots: 'a. Trees shall be planted at least 10 feet from any structures. b: Roofs shall have a Class A, non-combustible roof system. Wood shake/shingle roof coverings and flat roofs (up to a 4:12 pitch) aze prohibited in all wildfire hazard azeas unless otherwise allowed by the Aspen Fire Protection District. c. Vents shall be screened with corrosive resistant wire mesh with mesh '/4 inch maximum. d. Roofs and gutters shall be kept clear of debris. e. Yazds shall be kept clear of all litter, slash, and flammable debris. -8- I ~ I111111IIIII 11111111111111 fillllll IIIII III111111III Ilii 451430 02/13/2001 10:04A RESOLUTI DAMS SILVI 451542 02/15/2001 11:00A ORDER DAVIS SILVI _ _ _ _ _ _ __ _ _ __ .. ~~ ~-~...... _~....~.. ~~ ~w ~ wA w w Aw w A AA ~~ w AA s~~V~U AAI MI~V AA 1 ~ ~ Y f. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. g. Weeds and grasses within a 10 foot perimeter of all structures shall be maintained to a height of not more than. 6 inches. h. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. i. Swimming pools or ponds shall be accessible to Fire Department vehicles. j. Fences shall be kept clear of brush and debris. k. Wood fences shall not connect to the structure. 1. Fuel tanks shall be installed underground with an approved container. m. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standazd defensible space vegetation mitigation around any above-ground tank. Any wood enclosure azound the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of ~ :, the walls. ' 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 mazked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. p. New utility lines shall be buried within or along roadways. 19. All structures shall comply with the standards and requirements of the Aspen Fire Protection . District. 20. The owners of lots 5 and 7 shall comply with the following standards for development on slopes of greater than 15%: a. Adequate mechanical support shall be provided for cut slopes. b: Adding water which may decrease slope stability shall be avoided. c. Adding weight to the top of the slope shall be avoided. -9- 41430 02/13/2001 10:04A RESOLUTI ppyj I'~I 4Si~42 02/is/2001 11:00A ORDER DAViS siLVi ~a -~ +~. s ~ .._ _ _ __ .. _ _ _ _ _ S SiLVi 2A e0 30 R A. ~ D ~. AA N A. A0 PiTKiN COUNTY CO d. Disturbed slopes must be contoured so that they can be revegetated. e, Steepening of existing slopes shall be avoided. f. Cuts, fills, grading and excavation shall be confined to the minimum area needed for construction. 21. Prior to submission of building permits for development on Lot 10, the owner shall submit a site specific debris flow mitigation plan for review and approval by the County Engineer. 22. No variances to the area, bulk and height requirement ofthe RS-20 zone district are approved as part of this review. 23 , The Applicant and lot owners shall comply with the following provisions regarding irrigation ditches: . a. Grant access to irrigation ditches to ditch owners. b. Construct buildings uphill of irrigation ditches unless a ditch is culverted. c. Design land uses to avoid. flooding problems from flood irrigation. d. Place basements and soil absorption sewage disposal systems in locations where they will not be impacted by flood irrigation or seepage from irrigation ditches. 24. The historic structures on the site, (the "Old Cabin", the "Newer Cabin" and the Braun Residence) shall be preserved; and restored as necessary, either in their existing locations or as relocated within one of the approved building envelopes on the Main Ranch Parcel. The preservation restriction shall be subject to review and approval as to form by the Historic Preservation Officer prior to recording. 25. No development, including grading, .excavation, fill placement, landscaping, vegetation removal or disturbance, septic system and well, shall occur outside of the approved building and development envelopes, except agricultural and ranching uses and activities (including replacement as provided in Paragraph A.4.a(6), above), the use of equestrian, mountain biking and hiking trails, recreational activities, improvements to the existing ranch roads, utility and driveway extensions, maintenance and construction of the new entry offof River Road, installation of access control equipment, gates or walls at the entry to the development off of River Road, and to reclaim the gravel pit. Construction and development activity within the development envelopes shall be limited to landscape planting, irrigation and hay or other crop production, irrigation ponds, grading, drainage improvements and underground utilities, including septic tanks and leach fields. -10- .. ~ -~ ~ IIII III 1111111111111 1111111111111111111111111111111 DAV:s sILV= I I 111142 02/is/2001 11:00A ORD TKIN COUNTY CO 431430 02/13/2001 10.04A RESOLUTI DAVIS SILVI 4di _ __ w A ~~ n a AA N 0.00 PI A~ _P 7A s A ws w ~ ww u w ~~ w~~••~•• ~-•...-.. __ _• x ~ i 26. Areas disturbed by construction of access drives and installation of utilities shall be revegetated no later than one growing season after completion of work. 27. The azea of and surrounding the abandoned gravel pit shall re-graded and revegetated subject to approval by the County Engineer and the County Land Manager, concurrent with construction of the main entrance and the affordable housing. 28. The Subdivision Exemption Plat and 1041 Hazard Review Site Plan shall contain a description and dedication of a ten foot (10') wide trail through the Main Ranch Parcel which connects the Denver and Rio Grande right-of--way along the westerly boundary of the Main Ranch Parcel to the existing primitive road on BLM land on the easterly boundary.of the Main Ranch Pazcel. Use of the trail by the public shall be limited to hiking and mountain biking and the trail will not be paved. Except for the owners of lots within the Main Ranch Parcel or the Remote Parcel and their families, invitees and guests, no horses, dogs, motorized vehicles or commercial uses shall be allowed on the trail. The detailed terms and conditions of such use and the obligation of Pitkin County to provide indemnification and insurance coverage shall be set forth in a trail easement to be executed and recorded simultaneously with recording of the above referenced Plat. The County and the Applicant acknowledge the potential for conflict and safety concerns due to use of the trail by mountain bikers. Accordingly, the County agrees to reevaluate the appropriateness of allowing mountain bike use on the trail at the request of the Applicant or future lot owners. 29. The Applicant is not required to submit annual reports attesting to conformance with the conditions of this approval, nor is the proposed use required to commence within 12 months of the date of this approval, as would otherwise be required under the Special Review provisions in the Land Use Code. 30. The Applicant shall adhere to all material representations made in the initial application, the January 12 Settlement Proposal, or in public meetings to consider the initial application or the January 12 Settlement Proposal, and shall consider those representations to be conditions of approval, unless amended by other conditions. 31. Exterior lighting shall comply with the County's lighting regulations in effect at the time of installation. B. The following conditions shall apply to the Remote Parcel. As used herein, the term "Applicant" refers to Woody Creek Ventures, LLC. ,1. No later than sixty (60) days after recording the Plat for the Main Ranch Parcel, Applicant shall file an application for the rezoning of the Remote Parcel from RS-20 to Rural and Remote. The application shall contain all information required by the Pitkin County Land Use Code. The Applicant shall execute an acknowledgment that the application for rezoning cannot be withdrawn and a consent to its approval as submitted. The BOCC shall be entitled to impose -11- .... _ - --- .._ .... _. I I~IIiI "I!I "III' I"I'~ .~' (II"'II II"~ III "I'~II II I"I I I"I 451642 02/is/2001 11.00A ORDER DAVIS SILVI 41430 02/13/2001 10:04A RESOLUTI DAVIS SILVI 2Z of 30 R 0.00 D 0.00 N 0.00 ~ITKIN COUNTY CO _ _ _ _ ~~ ~~ .. w AA sTTVT~I NAl11dTV NA ,. reasonable and customary conditions on such approval with the consent of Applicant, which consent shall not be unreasonably withheld. 2. No more than 3 rural and remote cabins shall be allowed within the Remote Parcel. Any application for the approval of a Rural and Remote cabin shall be required to satisfy all of the applicable requirements of the Pitkin County Land Use Code including the requirements of the Growth Management Quota System. No approval for such cabins should be inferred or implied from the approvals granted for the Main Ranch Parcel. Applicant shall be entitled to apply for TDR Certificates for that portion of the Remote Parcel not utilized for Rural and Remote cabins which Certificates shall, to the extent required by Applicant, be utilized in connection with development of the Main Ranch Parcel. 3. At the time of recording of the Subdivision Exemption Plat and 1041 Hazard Review Site Plan referenced in Paragraph A.4., above, Applicant shall provide the BOCC with a ten foot (10') trail easement through the Remote Parcel which follows the alignment of an existing primitive roadway connecting BLM land on the easterly boundary of the Remote Parcel to US Forest Service Land on the westerly portion of the Remote Parcel. Use of the trail by the public shall be limited to hiking and mountain biking and the trail will not be paved. Except for the owners of lots within the Main Ranch Parcel or the Remote Parcel and their families, invitees and guests, no horses, dogs, motorized vehicles or commercial uses shall be allowed on the trail: The detailed terrns and conditions of such use and the obligation of Pitkin County to provide indemnification and insurance coverage shall be set forth in the trail easement. The County and the Applicant acknowledge the potential for conflict and safety concerns due to use of the trail ~~- ~ by mountain bikers. Accordingly, the County agrees to reevaluate the appropriateness of allowing mountain bike use on the trail at the request of the Applicant or future lot owners. 4. The Applicant shall adhere to all material representations made in the initial application, the January 12 Settlement Proposal, or in public meetings to consider the initial application or the January 12 Settlement Proposal, and shall consider those representations to be conditions of approval, unless amended by other conditions. 5. Exterior lighting shall comply with the County's lighting regulations in effect at the time of installation. -12- I I I"III ~'II~ "I~I' I" .00A ORDER DAVTS S2LVIu .~ a.~,aza A?/13/2A01 ia~0aa aESOLUTi DAViS SILVI ,..^~~ a~i~R/~00i it. ~ ' ~ r C. Rieht to DevelopmentNested Property Rights. Woody Creek Ventures, LLC ("Developer") shall have the right to undertake and complete development of Braun Ranch-2 and the facilities to be located thereon in accordance with the approvals described in Paragraph 2 of the Settlement Agreement between Developer, William Braun and the County (the "Settlement Agreement") and to use, occupy, sell, encumber or lease Braun Ranch-2 and its facilities subject to the foregoing Conditions of Approval. Such rights shall vest in the owner of Braun Ranch-2, and its successors and assigns, as benefits which shall run with title to the land. The Final Subdivision Exemption Plat and 1041 Hazard Site Plan, the Declaration of Protective Covenants for Braun Ranch-2, the Settlement Agreement and the order of the District Court entered pursuant thereto constitute a "Site Specific Development Plan" pursuant to C.R.S. § 24-68-101, et seq. 2. The development rights and uses described above are vested for a period of five (5) years from the date on which the District Court enters an Order granting the approvals for Braun Ranch-2 as described in Paragraph 2 of the Settlement Agreement. During the vesting period, Developer and/or its successors or assigns shall not be subject to any addition, modification or amendment to the Land Use Code or to any other regulation not in effect on the date of vesting which imposes restrictions or limitations on the use of land which aze inconsistent with the approvals ,~ described in Section 2 of the Settlement Agreement and in these Conditions of Approval, and in `~ particular, additions, modifications or amendments to the following provisions of the RS-20 and Rural and Remote Zone Districts in effect on the date of this Agreement (all terms are as defined in the Pitkin County Land Use Code, unless othervvise noted): (1) aIlowed and prohibited uses; (2) minimum and maximum lot size; (3) road, property or stream setbacks; (4) requirements related to grading and fill placement; (5) preservation or creation of scenic view planes; (ti) regulations concerning development on steep slopes; (7) solar access; (8) drainage, erosion, sedimentation and water supply; (9) regulations concerning areas or activities of local and state interest, 1041 Environmental Hazazd areas, including flood plain hazard areas or historic and archaeological resource areas; (10) wildlife habitat areas; (11) parking; (12) trails; (13) lighting; (14) signs; (15) impacts on taxes and management of necessary services; (1 ~ development exactions, including those for affordable housing; (17) any growth management regulation or ordinance; (18) any Planned Unit Development or Subdivision regulation or ordinance; (19) minor uses; (20) regulations and. ordinances related tonon-confomung uses; (21) building height; (22) character of building materials, (23) provision for essential services; (24) maximum floor azea, or the calculation thereof (and in particular the provisions Paragraph A.1 and A.14 of these Conditions of Approval); (25) pets and domesticated animals; (2~ mineral exploration; (27) mass transit; (28) provision for public facilities; (29) satellite dishes, whether used for reception, transmission or both; (30) temporary uses; (31) wetlands; (32) growth management system regulations; and (33) regulations relating to transferrable development rights as thevapply to the use of transferable development rights on the Main Ranch Parcel. Except for the foregoing, -13- _ . ._ -_. 451430 02/13/2001 10:04A RESOLD I I"III "III "III' II~I~I I' III"'II II"I III "I'I'I II I"I 24 of 30 R 0. AA n a .,, ., „ ,.~ _Ti,_~AVIS SILVI 451542 02/13/2001 11:00A ORDER DAVIS SILVI ... _ ~ AA . „ se n a as Al a A0 PITKSN COUNTY CO Developer and/or its successors or assigns shall be subj ect to other regulations and laws of general applicability and for the preservation of public health and safeni as nrovidP~ in f'R S 24-61-101, et. se .adopted during the vested rights penod. 3, ~ Notwithstanding any other provision of this Agreemen f Braun Ranch-2 from the nec ~ ~e to exempt Developer or any future owner' or owners o obtain building permits or other necessary permits or approvals, nor shall any provision hereof be construed to preclude the application of tho~~ a ~~~ S eaosonablly necessary forthe Code, Electrical Code, Mechanical Code, o Q protection of the public health, safety and welfare. F:\Clirnt\Woody Creek Ventures\Settleinent Agtement - Condtions of Approve! -Btaw Ranch Extubit C.wpd ~~ III X1430 02/13/2001 10:04A RESOLUTI DAVIS SILVI of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO -14- ~ .... _ . _ ' (II"'~I II"I III "II'~I II I"I i I"III "III "III I"I'I I00A ORDER DAVIS SILVI 463542 02/16/2001 li . . . _ _. .. __ _ ' I~'ill "I~I "II~' I"t'I I' I~I"'II ~l~'I ~II'~IIII' (~~ 4si542 02/iS/2001 11:00A ORDER 0AV2S SILVI 4'31430 02/13/2001 10:04A RESOLUTI DAVIS SILVI 2d of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 2!~ •f 30 R 0.00 D 0.00 N 0.00 PITKIN L`DUNTY CO EXHIBIT 1 TO EXHIBIT C FLOOR AREA means the sum of the gross horizontal surfaces of each floor of a building or structure. In calculating floor azea, the following rules apply: A. General: l:n measuring floor area, all dimensions shall be taken from the outside face of framing or other primary wall members or from the center line of walls separating adjoining units of a building or portion thereof. Veneer facades up to eight inches in thickness shall be excluded from the calculation of floor area; that portion of a facade which exceeds eight inches shall be included. Fireplaces, elevators, stairs and similar features are included in the floor area on each floor. B. Roof Overhangs and Decks: The floor azea of a building, or portion thereof, not provided with surrounding exterior walls shall include the area under the horizontal projection of roofs or floors, when the roof or floor exceeds five feet (5'). These architectural projections aze exempt for five feet (5') of the perimeter of each story of the structure. Architectural projections may project up to ten feet (10') and still be exempt, so long as the total perimeter space for a floor is less than or equal to the total area allowed for the five foot (5') exemption. This exemption cannot be used to transfer space between floors. C. Decks, Balconies, Stairways and Similar Features: Structures that exceed thirty inches (30z) above natural or finished grade, and that are not covered by a roof or architectural projection from a building, are exempt from floor area for up to fifteen percent (15 %) of the maximum floor area allowed. Any areas in excess of fifteen percent (15%) shall be counted towazd floor azea. D. Spaces BelowNatural Grade forPrincipalSingle-Family and DuplexResidences: Spaces below natural grade, up to a maximum of twenty feet (20') in depth and which include no more than a single story, are exempt from floor area calculation up to a maximum of fourthousand (4,000) square feet of floor area. Floor area below natural grade which exceeds the four thousand (4,000) square foot exemption provided herein shall count toward the calculation of allowable floor area. If any part of the below grade space is exposed above natural grade (such aswalk-out basements, walls or courts) the entire below grade area shall be included in the floor area calculation; except that window wells and one egress azea as required by the Uniform Building Code may be provided without affecting this exemption: The foundation wall or footing maybe exposed to the minimum degree required to comply with the Uniform Building Code pertaining to foundation design without affecting this exemption. Up to ten percent (10%) of any particular below grade wall surface may extend above natural grade and still be exempt from the calculation of floor area so long as the finished grade covers the surface that would otherwise be exposed. Garages up to seven hundred fifty (750) squaze feet may be incorporated into below grade space and shall snot affect this exemption so long as the only sections of building so exposed are directly related to the garage structure. E. Garages and Carports: For the purpose of calculating floor area ratio and allowable floor area for a lot where the principal use is asingle-family residence, garage and carport floor area shall be exempted up to a maximum of seven hundred fifty (750) square feet. On a lot which contains a duplex, garage and carport floor area shall be exempted up to a maximum of five hundred (500) square feet per side. All garage or carport space in excess of the exempted areas shall be included as part of the residential floor area calculation. When an existing legal single-family or duplex dwelling exceeds the LAW OFFICES FREILICIi= MYIJER, LEITNER & CARLISLE A PARTTIERSNIP INCLUDING PROFESSIONAL CORPORATONS 'N ASPEN COLORADO ATTORNEYS AT LAW DAVID 1. MYLER. P.C.' E. MSCHAEL HOFFMAN ~ ~pMRfmpOd O V ~. H F-' ~ 1JA O ~~ raz H M > SC a t- N ~~ d W m ~~ ~ m r0 m "~" ~ z ~m~ ., . ..~... m ~~c ~~ N m ~ nm ~ + V ~ .N ~ ~a o ~. -~ ~ N _~~~ N ~••~ ~y~ ~ Vl O ~ ~ i.1 ~1 a z i o ., _ Y ~~d .T W m ac m ~az ~mm ~m~ ~~ m ~~o ~Na ~ D m s i~ ~M M ~~ o ~~ N 106 SOUTH MILL STREET SUITE 202 ASPEN, COLORADO 81611 FACSIMILE (970)920-4259 TELEPHONE (970) 920.1018 September 6, 2000 Pitkin County Commissioners 530 E. Main Street Aspen, CO 81611 EXHIBIT 2 TO EXHIBIT C Re: Braun Ranch Settlement Agreement -Affordable Housing Deaz Commissioners: f ~ ~ 1 IN xANSAS CrrY. MlssovRl FRFIIdC& LE1'INLR d~ CARLISLE ATI'bRNEYS AT LAW ROBERT K FAEII]CH. P.C. "' MAATQJ L. LII7NFR P.C. ° RICHARD G. CARLLSLE, P.C. STFPIIEN I. MOORS, P.C.' S. MARK WHT1E" KYLE E. FOOTS' AD W Tim M 4d, G'. tlY'.7K' ~ CERTIFIED LAND USE PLANNERS MICHAQ. J. LAVER, AICP )ENND:F.R K BARRFTT, AICP KAt S. EROPHY. AICP In connection with the Settlement Proposal in the above referenced matter, Woody Creek Ventures, LLC, as successor to the St. Clair Company and William Braun, submitted a proposal for the construction and operation of 8 fully deed restricted affordable housing units containing at least 20 bedrooms. Our proposal envisions that these affordable housing units (the AH Project) will be operated as a rental project pursuant to the Aspen/Pitkin County Affordable Housing Guidelines which allow the owner of rental units to select tenants provided that those tenants otherwise satisfy pertinent requirements. Our obj ective has been and continues to be to provide housing opportunities first for individuals who are employed in connection with Braun Ranch and secondarily to other qualified employees of Pitkin County. We understand that, at present, County regulations do not allow a developer to satisfy affordable housing mitigation requirements by providing privately owned rental housing. This change in policy is a result of the Colorado Supreme Court's recent decision in Town of Telluride v. Lot 34 Venture, LLC. In that decision, the Court determined that a condition of development ,approval which results in the control by local government of rental rates and occupancy requirements for privately owned residential units will violate the provisions of this State's rent control statute and be unenforceable. The Court acknowledge, however, that the limitations of the Rent Control Statute do not apply to residential projects in which a local government "has an interest" through a housing authority. Woody Creek Ventures believes that a restricted rental prof ect provides significant benefits for the future operation of Braun Ranch and for the neighborhood. A rental project will greatly enhance the ability of Woody Creek Ventures, as developer, and the Braun Ranch Homeowner's Association and individual lot owners, as employers, to attract and retain a dedicated workforce -^ ~RFILICA, MYLER, LEITNER & CARLISLE. September 6, 2000 Page 2 consisting of individuals who will be able to perform their jobs in close proximity to their place of residence. The live/work proximity will also reduce traffic impacts. Because of these benefits, Woody Creek Ventures is requesting that the County Commissioners, in the context ofthe proposed Settlement Agreement and not as a condition of approval, waive its current policy precluding restricted rental housing and accept Woody Creek Ventures' voluntary offer to impose a perpetual restriction on the completed units which will satisfy the requirements of the Housing Guidelines for both rental and sale units. As additional consideration for the requested waiver, to further distinguish this AH Project from the Telluride case and to guard against the potential for invalidation of the rental restrictions, Woody Creek Ventures proposes the following: 1. The Aspen/Pitkin County Housing Authority will own an undivided 1/10 of 1% interest in the AH Project, including the Ranch Manager's unit, by and through a membership interest in a limited liability company which will hold title to the AH Project. Although the AH Proj ect will be managed~by Woody Creek Ventures or the Braun Ranch Homeowner's Association, the Operating Agreement for the limited liability company will provide for a distribution to the t ~. Housing Authority of the "profits", if any, from the operation, refinancing or sale of the AH Project. The Housing Authority will be indemnified against any liability or responsibility for losses. 2. Woody Creek Ventures and its associates will provide the Housing Authority with the option to purchase the AH Project for an aggregate' purchase price equal to the maximum restricted sales price for each unit at the time the option is exercised. The option will be triggered by a Court determination that the voluntary rental restriction is unenforceable. In the event of such a determination, Woody Creek Ventures will be responsible for all closing costs, including the cost of a Title Insurance policy which demonstrates merchantable title. Upon exercise of the option, the Housing Authority will be free to resell the units to qualified buyers or to arrange financing and retain ownership (100%) as rental units. In either event, employees working in connection with Braun Ranch will continue to have a priority for either the purchase or a rental of the units in question. Subject to the foregoing, we propose that the final Operating Agreement for the limited liability company which will hold title to the AH Project and the terms of the voluntary rental ' restrictions be approved in conjunction with the approval of the application to rezone the affordable housing site as contemplated in the Settlement Proposal. I ~" 451430 02/13/2001 10:04A RESOLUTI DAVIS SILVI CO I"Ilt "III "III' (" 451542 02/15/2001 I'I I' III~ 11:00A ~til II"I III " ORDER DAVIS I I~I~f I SILVI 29 of 30 R 0.00 D 0,00 N 0.00 PiTKIN COUNTY 29 of 30 R 0.00 D 0.00 N 0.00 ~ITKSN COUNTY CO FREII.ICA,1ViYLER, LETTNER & CARLISLE a r September 6, 2000 Page 3 We Look forward to the opportunity to discuss this proposal with you at your earliest convenience. If there are any questions, please do not hesitate to contact me. Very Truly Yours, FREILICH, MYLER, LEITNER & CARLISLE By: David J. Myler DJM:ag Enclosures cc: John Ely, Pitlfln County Attorney F:\Cticnt\Woody Creek Ventures\Scniement Agreetncnt - Condtions 4f Approval -Braun Ranch Exhibit C.wpd 4A RESOLUTI DAVIS SIL I' ... .. -. --- 00 PITKIN COUNTY CD ___. I 451430 02/13/2001 10:0 I'~I~ ~II'I I" 30 of 30 R 0.00 D 0.00 N __._... _ ____.. I-"III I"I'I ~' III"'II II"I II I I"III "II aRtsa2 02/is/2001 l1:00A ORDER_DAVIS swLuty rn CHAP'; ~ RAL March 31, 2006 Pitkin County Communi Attn: Suzanne Wolff 130 South Galena Street Aspen, CO 81611 _ ~ "'~-` . ^~~.ra4 .....- Development Re: Above Grade F.A.R. $auare Footage Allocations Dear Suzanne, Below, please find a chart etting forth the current status of the F.A.R. allocation at Chaparral Aspen for your records. Total New TDRs New Above New Below New Garage Construction Transferred by Grade FAR Grade FAR FAR (Square FAR TDRs WCV to Parcel # Ac eage (Square Feet) (Square Feet) Feet) (Square Feet) Required Owner 1 Homestead Unit B 838 10,000 4,000 75 14,75 Historic N/A Homestead Unit A ~ 35 I 2,SOO I I ~ 2,500 Exemption Historic Exemption II 2 SOLD 4 .4371 7,5001 4,0001 7501 12,2501 2 1 0 3 SOLD 4 p.845 I 10,000 I I 4,000 I 750 I 14,750 I Historic N/A I Historic Exemption I 1 1 1 1 I Exemption I 4 SOLD 3{ I 6.9151 I 7,5001 I 4,0001 I 7501 I 12,2501 I 2 1 2 5 SOLD I ¢7.91 10,000 I I 4,000 I 750 I 14,7501 I Historic 0 Historic Exemption 1 1 1 1 I Exemption 1 6 SOLD .045 10,000 4,000 750 14,750 3 0 3 Note: Lot Owner to Provide TD 1 s 1 1 1 1 1 17 I SOLD 4 I I k3741 I I 5,0001 I 4,0001 I 7501 I 9,7501 I 1 I 1 8 SOLD 3 .6521 I 1 5,0001 I 4,0001 I 7501 I 9,7501 I 1 I 1 9 SOLD 3 .918 I 10,000 I 4,000 I 750 I 14,75111 I Historic N/A Historic Exemption 1 1 1 1 I Exemption 1 10 Lower Parcel 8 .4371 7,5001 4,0001 7501 12,2501 2 1 0 CURRENT F.A.R. ALLOCA ION 85,000 40,000 7,500 132,500 F.A.R. ALLO D 85,000 40,000 7,500 132,500 F.A.R. to be Allo ated 0 0 0 0 Woody Creek Ventures stir owns Lot 10 and a portion of Lot 1. Lots 1, 3, 5, and 9 utilize historic GMQS exemptions and have the above grade F.A.R. determined based upon the historic GMQS exemption in accordance with the approval documents. - -- 132 WEST MAQJ STREET Mail: P.O. Bax 7846 ASPEN, CQ 81612 TEL: 970-920-21 l2 FAX: 970-925-5847 C H A P At~`~~ R A L We have included the F.A.Z. on the deeds for each of the sold lots as set forth above. We appreciate your ongoing co peration and hope you find this information helpful. Should you have any quest ons or comments, please feel free to call me at (970) 948-1883. Sincerely, Woo~l~/ reek en , L C ,/~ i m , Vice Preside 132 WEST MAQJ STREET Mail: P.O. Box 7846 ASPEN, CO 61612 TEL: 970.920-2112 FAX. 970-925-5847 HF'R-3-2CJG_~7 1t~: 22 FROf'1: LAf IDSTUDIO 97C~-927-4261 T0: 92©549 F' • 2 March 1, ?007 Mitce ~~rnot, Planner PitkiT~ County Cotamun tY Dzvelopm¢nt 130 9ottth t,~attnt- Strae p~peo, CO 8161 l ~, ChaR~~ ~ Maln Parcel Lot 2 4MQS ~myetition foe Rural ,',tea New Lots or parcels Audi ricativn I,ctter p¢ar Mike, This tenet' it to ccrtifj+ t the Willtel~m parnily 1,imittd patlnershrp~ is ~+vner of rho Clupattat AspeslMainParcel Lot?., authorizes Douglas and/or Julie Pratoe c>g'tht: Land Stvdiv, Ittc• to repress tt},em foe thv Z~U6 GMQS Competition hoc Rurai .A~a New Lots or pareels for the abov Lct. 7"ha contact addxeya is~ Douglas and tulle Pra 'J'he Land 9tndio, Inc. 1002 Lt-tra>s t-anc p,0, Bvx 107 Bss~lt, CQ 8]b21 (970) 917-3690 phon (970) 917.4161 fax Stnctroly, _r_ ,~~lht~smj{y~:im tf! p~erShip ~~ I /• -_ .. ..._. --_ '-.-.~--tea ~p~-d BOOli00 d !1~-i feSAOZA01e Z0'd bSLB£ 9STZ 01rMtlA~ s 6itltl0iy-~~~ ~i6~li :Oat-03.60 r I I{l,. ~fdN Wd tS= Z0 100Z-OF-21FiW :~ ~ ~.~.. i DISTRICT COURT, WATER DNISION 5, COLORADO Garfield County Courthouse ill, 109 8~' Street, Suite 104 Glenwood Springs, CO 816 1 970/945-5075 IN THE APPLICATION FO WATER RIGHTS FOR WOODY CREEK VE TURES, LLC, ~, in Pitkin County Attorneys: Kevin L. Pa ck, #9124 Sara M. D . #30227 Patrick, Mille & Kropf, P.C. 730 E. Duran Ave., Suite 200 Aspen, CO 81611 970/920-102 -'T'elephone 970/925-684' -Facsimile w.com .com ~ COURT USE ONLY ~ Case Number: 98CW291 RULING OF THE REFEREE The above entitled pplication was filed on December 31, 1998, and was referred to the undersigned as Water Refer e for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance wi Article 92 of Title 37, Colorado Revised Statutes 1973, known as The Water Right Determination d Administration Act of 1969. And the undersigned Re eree having made such investigations as are necessary to determine whether or not the statemen s in the Application are true and having become fully advised with respect to the subject matter f the Application does hereby make the following determination and Ruling as the Referee in this, matter, to wit: Ruling of the Referee Case No. 98CW291 Page 2 1. The statements in the Application are true. 2. Name, address and telephone number of applicant: Woody Creek Ventures, LLC c/o Patrick, Miller & Kropf, P.C. 730 East Durant Ave., Suite 200 Aspen, CO 81611 (970)920-1028 PART I APPROVAL OF STORAGE WATER RIGHTS FIRST CLAIM: 3. Name of Reservoir: The Ranch at Woody Creek Pond No. 1 4. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 1 will be located on Lot 1 of the Ranch at Woody Creek in Section 9, Township 9 South, Range 85 West, 6~' Principal Meridian, at apoint 341 feet South and 1501 feet East of the 9~' Section Line and at a midpoint elevation point of 7,406 feet above sea level. 5. Source: Woody Creek (via delivery from Waco Ditch) and intercepted surface water runoff. 6. Date of Appropriation: December I, 1998. 1. Date water applied to beneficial use: N/A. 2. How appropriation was initiated: Drafting of the Ranch at Woody Creek Conceptual Site Plan, site selection, field investigations and formulation of intent to appropriate water to the beneficial purposes claimed. 7. Amount claimed: 3.28 acre feet, conditional, with the right to fill and refill whenever water is physically and legally available. 8. Uses or proposed uses: fire protection, aesthetic, and piscatorial. See paragraph 16, infra. 9. Maximum height of dam: N/A (excavated). Ruling of the Referee Case No. 98CW291 Page 3 10. Length of dam: N/A '(excavated). _„r 11. Total capacity of res rvoir: 3.28 acre feet, and 0.5 surface acres. 12. Active capacity of re ervoir: 3.28 acre feet. 13. Dead Storage: 0 14. Name and capacity o~ditch(es) leading to reservoir: lateral of the Waco Ditch, 1.75 cfs. 15. The name and addres of the owner of the land upon which the point of diversion is located is: Applicant; then a and address of the owner of land upon which the place of use of the water is or will be is: Applicant. 16. Remarks: This water 'ght is a component part of an integrated water supply plan as applied for herein. All evapo ative losses are augmented by this Application (Second Claim). This claim is for fill of the tructure. No claim for irrigation purposes is decreed herein, but water decreed for irrigation urposes may be delivered into the pond and the water may be held for 72 hours by the pond eing utilized as an irrigation control structure. SECOND CLAIM' 17. Name of reservoir: T e Ranch at Woody Creek Pond No. 2. 18. Legal description of r servoir dam: The Ranch at Woody Creek Pond No. 2 will be located on Lot 2 of the Ranch at Woody Creek in Section 9, T ship 9 South, Range 85 West, 6`}' Principal Meridian, at a point 223 feet South and 411 fee East of the 9~' Section Line and at a midpoint elevation point of 7,490 feet above sea Level. 19 20. 21. Source: Roaring Fork ~tiver (via delivery from Salvation Ditch) and intercepted surface water runoff. Paragraph 6, 7, 8, 9, 10~, 11, 12, 13, 15 and 16, above, aze adopted and incorporated herein by reference. Name and capacity of ditch leading to reservoir: lateral of the Salvation Ditch, 1.75 cfs. ~. Ruling of the Referee Case No. 98CW291 Page 4 THIRD CLAIM: 22. Name of reservoir: The Ranch at Woody Creek Pond No. 3. 23. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 3 will be located on Lot 3 of the Ranch at Woody Creek in Section 10, Township 9 South, Range 85 West, 6th Principal Meridian, at a point 3433 feet North and 131 feet West of the 10th Section Line and at a midpoint elevation point of 7,576 feet above sea level. 24. Source: Roaring Fork River (via deliveries from Salvation Ditch) and intercepted surface water runoff. 25. Paragraphs 6, 7, 8, 9, 10, 11, 12, 13, 15, and 16, above, are adopted and incorporated herein by reference. 26. Name and capacity of ditch leading to reservoir: lateral of the Salvation Ditch, 1.75 cfs. FOURTH CLAIM: 27. Name of reservoir: The Ranch at Woody Creek Pond No. 4. 28. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 4 will be located on Lot 4 of the Ranch at Woody Creek in Section 10, Township 9 South, Range 85 West, 6th Principal Meridian, at a point 2,378 feet North and 1,008 feet West of the 10th Section Line and at a midpoint elevation point of 7,624 feet above sea level. 29. Source: Roaring Fork River (via deliveries from Salvation Ditch) and intercepted surface water runoff. 30. Paragraphs 6, 7, 8, 9, 10, 11, 12, 13, 15, and 16, above, are adopted and incorporated herein by reference. 31. Name and capacity of ditch leading to reservoir: lateral of the Salvation Ditch, 1.75 cfs. ~ ~_ Ruling of the Referee Case No. 98CW291 Page 5 FIFTH CLAIM: 32. 33. 34. 35 36. 37 38. 39. 40. 41. Name of reservoir: T~e Ranch at Woody Creek Pond No. 5. Legal description of eservoir dam: The Ranch at Woody Creek Pond No. 5 will be located on Lot 5 of the Ranch at Woody Creek in Section 10, ownship 9 South, Range 85 West, 6`f' Principal Meridian, at a point 2,718 feet North and 27 feet West of the 10`~ Section Line and at a midpoint elevation point of 7,615 feet above s a level. Source: Roaring Fork 'ver (via deliveries from the Salvation Ditch) and intercepted surface water runoff. Paragraphs 6, 7, 8, 9, 0, 11, 12, 13, 15, and 16, above are adopted and incorporated herein by reference. Name and capacity o ditch leading to reservoir: lateral of the Salvation Ditch, 1.75 efs. SIXTH CLAIM: Name of Reservoir: a Ranch at Woody Creek Pond No. 6. Legal description of r servoir dam: The Ranch at Woody Creek Pond No. 6 will be located on Lot 6 of the Ranch at Woody Creek in Section 9, T wnship 9 South, Range 85 West, 6~' Principal Meridian, at a point 1,618 feet North and 1 6 feet East of the 9~' Section Line and at a midpoint elevation point of 7,635 feet above sea 1 vel. Source: Roaring Fork River (via deliveries from Salvation Ditch} and intercepted surface water runoff. Paragraphs 6, 7, 8, 9, 1 , 11, 12, 13, 15, and 16, above, are adopted and incorporated herein by reference. Name and capacity of ditch leading to reservoir: lateral of the Salvation Ditch, 1.75 cfs. .~ Ruling of the Referee Case No. 98CW291 Page 6 SEVENTH CLAIM: 42. Name of reservoir: The Ranch at Woody Creek Pond No. 7. 43. Legal description of reservoir dam; The Ranch at Woody Creek Pond No. 7 will be located on Lot 7of the Ranch at Woody Creek in Section 9, Township 9 South, Range 85 West, 6`~ Principal Meridian, at a point 1,178 feet North and 774 feet East of the 9~' Section Line and at a midpoint elevation of 7,625 feet above sea level. 44. Source: Roaring Fork River (via deliveries from Salvation Ditch) and intercepted surface water runoff. 45. Pazagraphs 6, 7, 8, 9, 10, 11, 12, 13, 15, and 16, above, are adopted and incorporated herein by reference. 46. Name and capacity of ditch leading to reservoir: lateral of the Salvation Ditch, 1.75 cfs. EIGHTH CLAIM: 47. Name of reservoir: The Ranch at Woody Creek Pond No. 8. 48. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 8 will be located on Lot 8 of the Ranch at Woody Creek in Section 9, Township 9 South, Range 85 West, 6~' Principal Meridian, at apoint 775 feet North and 1,143 feet East of the 9`~ Section Line and at a midpoint elevation point of 7,605 feet above sea level. 49. Source: Roaring Fork River (via deliveries from Salvation Ditch) and intercepted surface water runoff. 50. Pazagraphs 6, 7, 8, 9, 10, 11, 12, 13, 15, and 16, above, are adopted and incorporated herein by reference. 51. Name and capacity of ditch leading to reservoir: Salvation Ditch lateral 1.75 cfs. ~... Ruling of the Referee Case No. 98CW291 Page 7 NINTH CLAIM' 53 54. 55 56. Legal description of ~eservoir dam: The Ranch at Wood Creek Pond No. 9 will be located on Lot 9 of the Ranch at Woody Creek in Section 9, ownship 9 South, Range 85 West, 6~' Principal Meridian, at a point 1,341 feet North and ,630 feet East of the 9~' Section Line and at a midpoint elevation point of 7,560 feet above s a level. Source: Roaring Forl~ River (via deliveries from Salvation Ditch) and intercepted surface water runoff. Pazagraphs 6, 7, 8, 9, 10, 11, 12, 13, 15, and 16, above, are adopted and incorporated herein by reference. Name and capacity ditch leading to reservoir: Salvation Ditch lateral, 1.75 cfs. TENTH CLAIM: 52. Name of reservoir: T~e Ranch at Woody Creek Pond No. 9. Ranch at Woody Creek Pond No. 10. 57. Name of reservoir: 58. Legal description of 59 60. 61 it dam: The Ranch at Woody reek Pond No. 10 will be located on Lot 10 of the Ranch at Woody Creek in Section 9, T wnship 9 South, Range 85 West, 6a' Principal`Meridian, at a point 1,366 feet North and 2 505 feet West of the 9~' Section Line and at a midpoint elevation point of 7,405 feet above se level. Source: Woody Creek (via deliveries from Waco Ditch) and intercepted surface water runoff. Paragraphs 6, 7, 8, 9, ]~0, 11, 12, 13, 15, and 16, above, are adopted and incorporated herein by reference. Name and capacity leading to reservoir: Waco Ditch lateral 1.75 cfs. ~.. Ruling of the Referee Case No. 98CW291 Page 8 ELEVENTH CLAIM: 62. Name of reservoir: The Ranch at Woody Creek Pond No. 11. 63. Legal description of reservoir dam: The Ranch at Woody Creek Pond No. 11 will be located on Lot 11 of the Ranch at Woody Creek in Section 9, Township 9 South, Range 85 West, 6t'' Principal Meridian, at a point 2,058 feet South and 2,484 feet West of the 9~' Section Line and at a midpoint elevation point of 7,360 feet above sea level. 64. Source: Woody Creek (via deliveries from Waco Ditch and direct delivery of consumptive use dry up credit from the Salvation Ditch) and intercepted surface water runoff. 65. A. Date of Appropriation: December 1, 1998. 2. Date water applied to beneficial use: N/A. 3. How appropriation was initiated: Drafting of the Ranch at Woody Creek Conceptual Site Plan, site selection, field investigations and formulation of intent to appropriate water to the beneficial purposes claimed. 66. Amount Claimed: 15.0 acre feet, conditional, with the right to fill and refill whenever water is physically and legally available. 67. Uses or proposed uses: fire protection, aesthetic, and piscatorial. In addition, consumptive use credits stored in the reservoir under the plan for augmentation described herein may be released for augmentation or replacement purposes. See paragraph 16, supra. 68. Maximum height of dam: N/A (excavated}. 69. Length of dam: N/A (excavated). 70. Total capacity of reservoir: 15.0 acre feet, and 2.5 surface acres. 71. Active capacity of reservoir: 12.5 acre feet. 72. Dead Storage: 2.5 acre feet. 73. Name and capacity of ditch leading to reservoir: Waco Ditch latera11.75 cfs; Salvation Ditch lateral 1.75 cfs. ~..,. Ruling of the Referee Case No. 98CW291 Page 9 TWELFTH CLAIM: 74. Name of reservoir: 75. Legal description of B. Date water ap~lied to beneficial use: N/A.. The Ranch at Wood Creek Pond No. 12 will be located on Lot 11 of the Ranch at Woody Creek in Sec ion 9, Township 9 South, Range 85 West, 6`~ Principal Meridian, at a point 375 feet Sou and 2,629 West of the 9~' Section Line and at a midpoint elevation point of 7,376 feet a ove sea level. 76. Source: Wood Creek (via deliveries from Waco Ditch and direct delivery of cons ptive use dry up credit from the Salvation Ditch) and intercepted surfac water runoff. 77. A. Date of Appropriation: December 1, 1998. 78. 79 C. How appropri tion was initiated: Drafting of the Ranch at Woody Creek Conceptual Si a Plan, site selection, field investigations and formulation of intent to appropriate water to the beneficial purposes claimed. Amount Claimed: 3.2 acre feet conditional, with the right to fill and refill whenever water is physically an legally available. Uses or proposed use :fire protection, aesthetic, and piscatorial. In addition, consumptive use cred is stored in the reservoir maybe released for augmentation or replacement purposes under the plan for augmentation described herein. See pazagraph 16, supra. Ranch at Woody Creek Pond No. 12. it dam: 80. Pazagraphs 9, 10, 11, reference. 81 2, 13, 15, and 16, above, are adopted and incorporated herein by Name and capacity of itch leading to reservoir: lateral of the Waco Ditch, 1.75 cfs and lateral of the Salvatio Ditch, 1.75 cfs. ~. Ruling of the Referee Case No. 98CW291 Page 10 PART II APPROVAL OF PLAN FOR AUGMENTATION 1. Name of structures to be augmented: The Ranch at Woody Creek Pond Nos. 1 - 12. 2. Description of water rights to be used for augmentation: A. Waco Ditch -water rights diverting from Woody Creek: TABLE I, WACO DITCH RIGHTS (1) ~2) Water Right Decreed Amount Waco Ditch I 4.00 cfs No 1 ~3) ~4) "Amount Decreed Owned Uses 1.08 I (5) Priority No. 1 (6) ~7) ~8) Adjudication Appropriation Court Date Date Case 5/11%1889 ~ 6/18/1880 I 132 Waco Ditch- I 105 5/11/1889 3/2/1884 132 1st. 5.75 cfs 1.67 Enlargement Waco Ditch- I 403J 8/25/1936 6/1/1916 3082 3rd 13.19 cfs 4.15 Enlazgement Waco Ditch- I 463 8/25/1949 9/1/1936 3723 4~ 15.26 cfs 4.84 Enlargement *Of the amount owned, the only amounts sought to be changed herein and which are involved and subjected to this plan for augmentation is an undivided 5.43 % of the "Amount Owned" column, representing 0.637 c.f.s. of the rights decreed to the Waco Ditch and corresponding to the amount of water used to historically irrigate the land removed from irrigation under this plan for augmentation. a.~ Ruling of the Referee Case No. 98CW291 Page 11 B. Salvation Dit h - water rights diverting from the Roaring Fork River. TABLE II SALVATION DITCH RIGHTS (1) (2) (3) (4) (5) (6) (7) Water Right Decreed Decreed Priority Adjudication Appropriation Court Amount Uses No. Date Date Case Salvation I 25.30 cfs I I 218A 1/21/1905 8/02/1902 1221 Ditch II I I Salvation I 21.20 cfs I I I 218A 1/21/1905 8/02/1902 1221 Ditch II I I Salvation I 11.50 cfs I I 218A 1/21/1905 8/02/1902 1221 Ditch I I I All water ri in the Salvation Ditch were originally appropriated by the Salvation Ditch Company, a n -profit mutual ditch company that filed its Articles of Incorporation with the Colorado Se retary of State on November 28, 1959 at Book 587, and Page 103. The Salvation Ditch Com any has issued share certificates to its shareholders, which entitle the shazeholders to use t e co-mingled Salvation Ditch water rights in proportion to their share ownership interest. ut of the 12,000 shares authorized for issuance by the Salvation Ditch Company, the Appli ant is the owner of 1,384 shares. In other words, of the 58.0 c.f.s. of direct flow rights a 'udicated to the Salvation Ditch, the Applicant's shares represent approximately 11.5% of all priorities. Of this percentage amount, only 5% of the 11.5 % (or 69 shazes) representi g 0.33 c.f.s. of the rights decreed to the Salvation Ditch described above, is owned thro gh share ownership and controlled by the Applicant and is involved in this plan for augment tion and change proceeding. Statement of Plan for Augmentation pursuant to C.R.S. 37-92-103(9), 302(1), and 305(8): Applicant is he owner and developer of The Ranch at Woody Creek generally located within the pr erty set forth as Exhibit "A" attached hereto. The subject property is located just north of t e town of Woody Creek, Colorado. The development will consist of 11 residential lots of pproximately 35 acres each. It is anticipated that each of the eleven lots within the Ranc at Woody Creek will have a separate pond to be used for fire protection, aesthetic, and piscatorial purposes. In addition these ponds will function as irrigation controls ctures for water diverted for irrigation pursuant to the Waco and Salvation Ditch Righ s. Pond numbers 11 and 12, located on the employee housing parcel, Lot l I, will also fun tion as augmentation structures. The proposed locations for these ponds are as set forth in Part I hereof. ..i Ruling of the Referee Case No. 98CW291 Page 12 The portion of property from the Ranch at Woody Creek which is the subj ect of this application includes approximately 595 acres, of which approximately 375.1 acres have historically been and are now under imgation. This property, which is located just north of Woody Creek, steadily gains in elevation from its southern boundary to its northem boundary, and has been divided for imgation purposes into two segments, referred to as the Lower Bench, which is the southern property at lower elevation, and the Upper Bench, which is the northern property at the higher elevation. The Lower Bench has historically been irrigated by water from the Waco Ditch, which originates from Woody Creek, whereas the Upper Bench has historically been irrigated by water from the Salvation Ditch, which originates from the Roaring Fork River. The Ranch at Woody Creek Pond Nos. 1 and 10 are located on the Lower Bench, and will serve as imgation control structures for the Waco Ditch. The Ranch at Woody Creek Pond Nos. 2-9, inclusive, are located on the Upper Bench, and will serve as irrigation control structures for water delivered through laterals from the Salvation Ditch. The Ranch at Woody Creek Pond Nos. 11 and 12 are located on the Lower Bench, will also serve as an irrigation control structures and augmentation structures for water delivered through from both the Waco and Salvation Ditches. Although operation of the Ranch at Woody Creek Ponds will increase consumptive use due to evaporative loss from the Ponds, historic use credits will also accumulate from the areas to be removed from historic irrigation from the construction of roadways, building footprints, cul-de-sacs, pond footprints, and the main road. Tables I[I and IV indicate how the historic use credits were derived by detailing the areas to be removed from historic irrigation from the Lower and Upper Benches. Estimated evaporative losses and offsetting consumptive use credits for the Ranch at Woody Creek Ponds are provided for the Lower Bench in Table V and the Upper Bench in Table VI. ~.. Ruling of the Referee Case No. 98CW291 ~ Page 13 Table III ESTIMATE AREAS TO BE TAKEN OUT OF IRRIGATION LOWER BENCH (WACO DITCH) I Lot No. I House size (sf) Building Footprint Driveway Pond Cul-de- sac Main Road Total in sf* Total acres I 1 ~ 12,000 0 0 10,890 0 80,000 90,890 ~ 2.09 10 + 15,000 19,000 ~ 13,270 ~ 21,780 ~ 2,125 ~ 0 ~ 46,175 ~ 1.06 11 , 0 ~ 0 + 0 ~ 141,570 ~ 0 ~ 0 ~ 141,570 ~ 3.25 RM ~ 3,000 3,000 0 I O I O ~ 0 J 3 000 House 3 SFR ~ 4,500 , 4,500 I 0 2-duplex ~ 6,000 ~ 3,000 ~ 0 Riding 0 175,000 0 arena Shop 13,100 3,100 3,000 Building Hay I 0 1,200 p Shed Horse 1 8,200 + 8,200 p S ta lls I ~~ rvrv A~as~ Subtotal ~ 51,800 149,500 ~ 16,270 * Does not include "House Si e" column Evaporation Rate Pond Evaporation for 4 surface a es of pond Net Irrigation Requirement of W co Ditch Net Irrigation Requirement of W co Ditch Required Dry-up to offset pond a aporation Excess acreage Excess CU credits 0 ~0 0 +0 0 ~0 0 2,125 o IO ~0 IO 174,240 , 4,250 0.07 0 (4,500 © 13,000 0 ~ 17,500 0 18,225 0 11,200 0 80,000 = 2.3 af/acre = 9.2 of = 12.98 ac - in/ac = 1.08 of/acre = 8.51 acres = 0.44 acres = 0.47 afcu 0.10 0.07 0.40 0.19 0.03 8,200 1 0.19 65,340 ~ 1.50 389,600 ~ 8.94 u Ruling of the Referee Case No. 98CW291 Page 14 Table IV ESTIMATED AREAS TO BE TAKEN OUT OF IRRIGATION UPPER BENCH (SALVATION DITCH) Lot No. House sizes ~~ I Building Tint Foot P Driveway I Pond I s Cl-de- i I Road Tf tal in I acres 1 000 15 000 19 127,200 121,780 ~ 2,125 140,800 ' 100,905 ~ 2.32 , 2 000 3 112 , 17,200 ~ 3,960 121,780 12,125 I , 35,065 10.80 , 4 110,000 16,000 ` 17,165 121,780 12,125 I 47,070 11.08 g 110,000 I 6,000 18,470 , 21,780 12,125 I , 138,375 375 38 M 10.88 88 0 16 110,000 ~ 6,000 18,470 ~ 21,780 12,125 , . ~ 110,000 ` 6,000 17,620 121,780 , 2,125 ~ 37,525 I 0.86 g 110,000. 16,000 17,330 121,780 12,125 I 137,235 10.85 9 ~ 10,000 16,000 17,460 121,780 12,125 I ` 37,365 ~ 0.86 Other 32,670 0.75 areas removed from irrigation 000 Subtotal 187 ! 52,200 187,675 ~ 174,240 ~ 17,000 ~ 40,800 1404,585 19.29 , * Does not include " House Size" column Evaporation Rate Pond Evaporation for 4 surface acres of pond _ 2.3 of/acre 9.2 of Net Irrigation Requirement of Salvation Ditch - 12.36 ac-in/acre Net Irrigation Requirement of Salvation Ditch = 1.03 af/acre u to offset and evaporation Required dry- p p = = 8.93 acres 0.36 acres Excess acreage Excess CU credits 0.37 afcu ..i Ruling of the Referee Case No. 98CW29I Page 15 i TABLE V ESTIMATED EVAP RATIVE LOSSES AND OFFSETTING CU CREDITS OWER BENCH (WACO DITCH) Month I Evap. Losses 1 Historic Credits I Net of/month I Release GPD I Release GPM January 10.00 10.00 ~ 0.00 10.00 l 0.00 I February 10.00 ~ 0.00 10.00 10.00 , 0.00 March ~ 0.00 10.00 ~ 0.00 10.00 ~ 0.00 April ~ 1.07 ~ 0.00 ~ -1.07 111,657 + 8.10 May + 1.29 ~ 0.92 ~ -0.36 13,823 ~ 2.65 June ~ 1.66 ~ 1.85 + 0.18 ~ 0.00 ~ 0.00 July ~ 1.60 ~ 1.91 ~ 0.31 ! 0.00 ~ 0,00 August ~ 1 1.19 ~ 1.91 ~ 0.72 ~ 0.00 ~ 0.00 September ~ 0.97 ~ 1.85 10.87 ~ 0.00 + 0.00 October ~ 0.81 ~ 1.23 10.42 + 0.00 10.00 November 10.60 0.00 I -0.60 16 495 ~ 4 51 December 10.00 0.00 10.00 , 10.00 . ~ 0 00 Total Annual 1 9.20 ~ 9.67 ~ 0.48 . Net Irrigation Requirement of P~ Net Irrigation Requirement of P~ Area Removed From Irrigation Pond evaporation rate Total pond surface area Historic credits taken for historic ~ture Grasses = 12.98 acre-in/acre >ture Grasses = 1.08 af/acre = 8.94 acres = 2.30 af/acre = 4.0 acres irrigation season of May 16`h through October 20th Ruling of the Referee Case No. 98CW291 Page 16 TABLE VI ESTIMATED EVAPORATIVE LOSSES AND OFFSETTING CU CREDITS UPPER BENCH (SALVATION DITCH) Losses ~ Eva I Historic Credits I Net af/month i Release GPD I Release GPM Month p. January 10.00 , 0.00 10.00 10.00 10.00 Februa ' 0.00 10.00 ~ 0.00 ~ 0.00 10.00 ry March 10.00 10.00 10.00 I ' 0.00 755 111 10.00 , 8.16 April ~ 1.08 10.00 -1.08 I , 072 110 16.99 May 11.29 10.33 -0.96 , June 11.65 11.97 10.32 (0.00 00 10 i 0.00 00 0 July 11.59 12.03 ` 0.44 . . + August , 1.18 ' ~ 2.03 97 11 10.85 10.99 10.00 10.00 10.00 10.00 September October 0.98 ~ 0.83 . 11.24 10.42 10.00 10.00 vember N 10.63 10.00 I -0.63 ~ 6,793 14.72 o December 10.00 10.00 , 0.00 10.00 10.00 Total Annual 19.22 ~ 9.57 ~ 0.35 I I i Net Irrigation Requirement of Pasture Grasses = 12.36 acre-in/acre Net Irrigation Requirement of Pasture Grasses = 1.03 af/acre Area Removed From Irrigation = 9.29 acres Pond evaporation rate = 2.30 af/acre Total pond surface area = 4.0 acres . Historic credits taken for historic irrigation season of May 27~' through October 19`x. Ruling of the Referee Case No. 98CW291 Page 17 As is detailed in ables V and VI, annual depletions are calculated to be 9.20 acre feet per year from the Lower ench (Waco Ditch) and 9.22 acre feet per year from the Upper Bench (Salvation Ditch) for a t tal of 18.42 acre feet. However, historic use credits derived from areas removed from irrigation otal 9.67 acre feet per year for the Lower Bench and 9.57 acre feet per year for the Upper Benc , for a total of 19.24 acre feet annually. Therefore, there shall be an average net credit of 0. 4 acre feet annually, when evaporative losses from the ponds are compared to historic us credits from lands historically irrigated on the Applicant's property, identified above as the R ch at Woody Creek, which will no longer be irrigated. The net credit for the 0.84 of excess co sumptive use under the Salvation Ditch and the Waco Ditch is hereby dedicated for use in Cas No. OOCW216 to Augment the WCV AH Wellfield No. 1 and any excess credit will be av 'lable for irrigation of land not previously irrigated on the Ranch at Woody Creek. Change i the use for these excess consumptive use credits requires water court approval, with notice to all parties in this case. Applicant shall account and report to the Division Engineer on an ual basis the acreage removed from irrigation, the ponds built, and the replacement irrigatio , if any. Storage in the ponds pursuant to the First Claim, above, shall occur only upon, and in roportion to, the amount of historic consumptive use credits made available through dry-up as documented to the Division Engineer and described herein. During those months in which a depletions are greater than the historic credits for the month, water stored in-priority under a 1998 priority granted by this decree will be released from Pond Nos. 11 and/or 12. Tables V d VI depict the release schedule in the 5`~ column. APPRO1dAL OF CHANGE OF WATER RIGHTS 4. Applicant requests the ourt approve the change in the use of the water rights described as being involved in this p an for augmentation (5.43% of the amounts described in Table I, Column 3 and 69 shazes r 5% of the 11.5% of each water right decreed to the Salvation Ditch) to imgation and augmen ation. 5. Statements of Oppositi to the application were filed by: Aspen Valley Ranch; George Stranahan; Salvation Di h Company; Twin Lakes Reservoir and Canal Company; and the Board of County Co issioners of Pitkin County. The time for filing Statements of Opposition has expired. a Court has jurisdiction over the subj ect matter and over all persons or entities who have Stan ing to appeaz herein whether they have appeared or not pursuant to C.R.S. § 37-92-203. 6. The Referee finds that no~ce was properly given in this case and this Court has jurisdiction of the subject matter of the pplication filed in this case. `.. Ruling of the Referee Case No. 98CW291 Page 18 7. The Referee finds that a complete statement of the plan for augmentation was provided which adequately described all water rights involved herein, was duly published and adequate notice was provided as required by law pursuant to C.R.S., §37-92-302; that the relief requested herein is consistent with the relief originally requested in the Application and for which public notice was provided; and that the award herein is within the scope of a plan for augmentation as defined in C.R.S., §37-92-103(9), in finding that the subject plan for augmentation provides a detailed program to increase the supply of water available for the beneficial use by the development of a new or alternate means or points of diversion. 8. This Court has jurisdiction over the subject matter of this Application pursuant to C.R.S., §37- 92-203. CONCLUSIONS OF LAW, The Referee does, therefore, conclude that the above-entitled Application should.be granted as follows: The Applicant shall be granted a decree awazding a conditional water right for each of The Ranch at Woody Creek Pond Nos. 1-10, inclusive, and Pond No.12 with an appropriation date of December I, 1998. This decree shall award for The Ranch at Woody Creek Ponds 1-10, inclusive and Pond No. 12, a wafer right for 3.28 acre feet, conditional, with the right to fill and refill whenever water is physically and legally available, for fire protection, aesthetic and piscatorial purposes; provided always that the said quantity of water be applied to a beneficial use within a reasonable time, subject to all eazlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. The Applicant shall be granted a decree awazding a conditional water right for The Ranch at Woody Creek Pond No. 11, with an appropriation date of December 1,1998. This decree shall awazd for The Ranch at Woody Creek Pond No. 11 a water right for 15.0 acre feet, conditional, with the right to fill and refill whenever water is physically and legally available, for fire protection, aesthetic and piscatorial purposes; provided always that the said quantity ofwater be applied to a beneficial use within a reasonable time, subj ect to all eazlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. In addition, consumptive use credits stored in Pond Nos. 11 and 12 maybe released for augmentation or replacement purposes. 2. Applicant is granted a change of use to augmentation for the consumptive use credits (described in Tables III, N, V, and VI and associated with the development dry-up of 18.23 acres of land previously irrigated under the identified water rights) utilized as replacement water for stream depletions under this plan. Ruling of the Referee Case No. 98CW291 Page 19 3. The structures set fort may be operated in accordance with this Ruling without state administrative curtailm nt for the benefit of senior appropriations, so long as the terms and conditions herein set f rth are fully adhered to throughout the operation of this plan for augmentation, subject to C.R.S. § 37-92-305(8), under which the Division Engineer and State Engineer shall curtail all out of priority diversions, the depletions from which are not replaced so as to prevent injury t vested water rights. 4. The granting of this Ap lication will not cause material injury to any vested water right or decreed conditional wat right which is tributary to or has as its source of supply, the Roaring Fork River or the Colo ado River, as long as the terms and conditions of this Ruling are complied with. 5. Applicant shall install d maintain such measuring devices, implement such accounting procedures, and supply s ch calculations regarding the timing of depletions, as may be required by the Division Engineer The Applicant shall file an annual report with the Division Engineer by November 15`" of eac year summarizing diversions and replacements made under this plan. 6. The Court shall retain reconsideration ofinjury the initiation ofthe augur relevant stream regime, t shall occur to vested rigl reconsider the question o the claimed injury, and approval set forth herein ~ shall have the burden of ~ If the Court finds those burden to show: (a) that n modification based on ter the petition will avoid inj~ period of retained jurisdic automatically; provided, l further decision by the Co established pursuant to C unsdichon over this ease pursuant to C.R.S. §37-92-304(6) for o the vested rights. of others for a period of five (5) years from the date ntation plan. After consideration of the water rights involved and the e Referee finds that such period is necessary to assure that no injury :s by the operation of this Decree. Any party desiring the Court to injury must file a verified petition identifying the nature and cause of proposing a specific modification to the terms and conditions of redress such injury. The party lodging the petition (the "Petitioner' >ing forward to establish the rima facie facts alleged in the petition. acts to be established, Woody Creek Ventures shall then have the modification is necessary to avoid injury to the Petitioner, or (b) that is and conditions proposed by Woody Creek Ventures in response to ry to the Petitioner. If no petition for reconsideration isfiled within a ion identified above, such period of retained jurisdiction shall expire ~wever, that the period ofretained jurisdiction maybe extended upon .rt that the non-occurrence of injury shall not have been conclusively Z.S. § 37-92-304(6). 7. The owner of this conditio al water right shall notify the clerk of the water court of any changes in mailing address; and pon a sale or transfer of this conditional water right during the succeeding diligence peri d, the transferee shall file with the water court a notice of transfer pursuant to Uniform Wat Court Rule 9. Ruling of the Referee Case No. 98CW291 Page 20 ~, g. Application for Hex ~al Finding of Reasonable Diligence shall be filed in ilr~--- . of every sixth calendar year ther ~r so long as of 2008 and in ~---~-~ claimant des' s 'maintain these conditional water rights associated with chat Woody Creek Pond s. 1 -12, inclusive, or until a determination has been made that these water rights have become absolute water rights by reason of the completion of appropriation. 9. This Ruling shall be filed with the Water Clerk subject to judicial review. l0. A copy of this ruling shall be filed with the appropriate Division Engineer and State Engineer. Dated thisday of DApy Of tfta fonpoard ln~~,allod t0 all Counsel pf rsa ate Reforee,--Div. En~eer and State Engineer-Datg, 5- ~ "dz- ~ '.~ o:a~-y dint wrap nr. we s ~~.t.rclc-, L~ -.LaPc~~b, ~ ~qI1') m6p ~~ /'l ~~~ T E~ , 9 2002. _> Water Referee Water Division No. 5 State of Colorado No Protest was filed in this matter. The foregoing Ruling is confirmed and approved and is made the Judgment and Decree of the Court. Dated this~~~i flay of /%-~--- ~~ of the fore4o lad to all~~ COAX ate Counse4 of reCO r--and feree,--Div. E e ,~5~ 02-- 5iate ~n0i~ to ..~ ~--C"~"' ..~v-.~'.:y1a ...rw rr AR ^ ~~,,~.~ ~,,, b , ~ ~,„, „,o„~ , ~ .~^ ~ T ~,~ W:\Woody Creek Ventutes\586 A\1'leadings\98CW291 Final Ruling.doc 2002. \ ~~~~ ~ ~/ Water Judge ~~ r JUN262~ PARCEL I EXHIBIT A ~'r All that part of Lots 2, 3, 4, l~, 17, 19, 20 and 21 of Section 9, Township 9 South, Ran a 85 West of the 6th P.M., lying Easterly and Southerly of the fQll wing described line: Beginning at the West Quarter Corner of said Section 9, thence S. 68 degrees 58 minutes 16 seconds E_ 822.41 feet to a fence corner as constructed and in pl ce; thence N. 03 degrees 40 minutes 16 seconds W. 1048.40 feet to a rebar and cap in place alon said fence; thence N. 23 degrees 1 minutes 57 seconds E. 385.83 feet along said fence to a rebar and c p in place; thence N. 79 degrees 4 minutes 55 seconds E. 111.31 feet along said fence to a rebar and c p in place; thence N. 30 degrees 5 minutes 59 seconds E. 549.34 feet along said fence to a rebar and c p in place; thence S. 43 degrees 5 minutes 31 seconds E. 192.07 feet along said fence to a rebar and c p in place; thence N. 30 degrees 3 minutes 08 seconds E. 718.13 feet along said fence to an old iron b r found in place; thence S. 39 degrees 5 minutes 49 seconds E. 53.72 feet along said fence to a rebar and c p in place; thence S. 49 degrees 1 minutes 04 seconds E. 694.62 feet along said fence to a rebar and c p in place; thence S_ 65 degrees 4 minutes 21 seconds E. 190.54 feet along said fence to a rebar and c p in place; thence S. 79 degrees 0 minutcs 31 seconds E. 94.01 feet along said fence to a rebar and c p in place; thence N_ 87 degrees 0 minutes 35 seconds E. .528.96 feet along said fence to a rebar and c p in place; thence N. 59 degrees 3 minutes 11 seconds E. 269.89 feet along said fence to a rebar and c p in place; thence N. 45 degrees 4 minutes 47 seconds E. 655.29 feet along said fence to a rebar and c p in place; thence N. 31 degrees 41 minutes 10 seconds E. 464.41 feet along said fence to an intersectio with a fence as constructed and in place. EXCEPT that portion con~eyed out by document recorded December 22, ' 1977 in Hook 340 at Fag 851. PARCEL II Township 9 South, Range 85 West of the 6th P.M. Section 9: Lot 16 nd the NE 1/4 NE 1/4 Section 10: Lots 10 and 11 PARCEL III Lots 7, 8 and 9 in Section 9, Township 9 South, Range 85 West of the 6th P.M., and that part of Lots 3, 4 and 6 in Section 10, Township 9 South, Range 85 West of the 6th P.M., lying Northwesterly of the ~u, i77u ~:)`tilrl i i~~1w ~wn~ i I11LL ~ ~~~• ILJ7 ~• ~ EXHIBIT A (Continued) following described line: Beginning at a point on the South line of said Section 9 whence the corner common to Sect ions 9, 10, 15 and 16, Township 9 South, Range 85 west of the 6th P.M., bears S. 89 degrees 10 minutes E. 50.9 feet; thence N. 10 degrees 0 minutes E. 288.00 feet; thence N. 19 degrees 36 minutes E. 471.00 feet; thence N. 36 degrees 15 minutes E. 1217.00 feet; thence N. 46 degrees 19 minutes E. 548.00 feet; thence N_ 34 degrees 01 minutes E. 524.2 feet; thence N. 42 degrees 2Z minutes E. 705.00 feet; thence N. 38 degrees 15 minutes E_ 160.00 feet and thence N. 52 degrees 33 m inutes E. 512.00 feet to the North line of said Lot 3, easements de scribed in Document No. 101920. PARCEL IV Township 9 South, Range 85 west of the 6th P.M. Section 9: Lots 5, 6, 10 and 11 Section 16: Lots 2, 3, 6 and 8 All of the above described tract of land was originally patented as the S 1/2 SE 1/4, NW 1/4 SE 1/4 and SW 1/4 NE i/4 of Section 9, Township 9 South, Range 85 West of the 6th P.M. .EXCEPTING, however, all that part of Lots 2, 3 and 8, Section 16, lying South and west of the Denver and Rio Grande right-of-way and also excepting that portion of Lot 1, Elam Subdivision lying within subject property. Section 9: All that part of Lot 13 lying North and East of the Denver and Rio Grande Railroad right-of-way. PARCEL V Township 9 South, Range 85 West of the 6th P_M. Section 9: All that part of Lot 15 lying Northerly and Easterly of the Denver and Rio Grande Railroad right-of-way. PARCEL VI Township 9 South, Range 85 West of the 6th P_M. Section 3: Lots 1, 2, 3, 4 and 5, SW 1/4 NE 1/4, S 1/2 NW 1/4 EXCEPTING FROM THE ABOVE: BRAUN SUBDIVISION, according to the Plat thereot recorded December 26, 1996 in Plat Book 41 at Page 21. ~H~~''RRAL August 31, 2006 Suzanne Wolff, Senior Pla Pitkin County Community 130 South Galena Street Aspen, CO 81611 RE: Chaparral Aspen 2006 GMQS Coy Dear Suzanne, This letter is to certify th Remote Parcel Lots 6, 7, and/or Julie Pratte of the Competition for Rural A The contact address is: Douglas and Julie Pratte The Land Studio, Inc. 1002 Lauren Lane P.O. Box 107 Basalt, CO 81 b2l (970) 927-3690 phone (970) 927-4261 fax landstudio2 cr`comcast.net Sincerely, Woody Cre~c Ventures, / ~~ `",. r ~,, Parcel Lots 6, 7, and 8, and Main Parcel Lots 2, and 10 ~ for Rural Area New Lots or Parcels Woody Creek Ventures, LLC, as owner of the Chaparral Aspen nd 8, and the Main Parcel Lots 2, and 10 authorize Douglas and Studio, Inc. to represent it f9r the attached 2006 GMQS a New Lots or Parcels for the Bove Lots. ~~~ .. ~Sfi ~'~ ~~°~ aC~ Gs ~iE~G~J ¢- lj1 ~~~~ ~R~/~Y ~- P~-er, G a~ ~ Clark, Lipscomb, Vice P sident IJ21~'EST ~tAl'~ SYREE'f rttul P O Box T&M16 ASPE'~,CO tl1612 tEl. 9711.920.2 t I2 FAX 9T0.923.58f7 PITKIN COUNTY C MMUNITY DEVELOPME PP DCAT ON FEES AGREEMENT FOR P YMENT OF LAND USE A Woody Creek Ventures, LLC - ~1TKIN~ OA pLICANT) AGREOEUAS OLLOWS: here~na Chaparral Aspen lot 2 1, APPLICAN ton fo bR ~ rald AreaONew Lots (hereinafter, THE PROJECT). 2006 GMQS Compet or Parcels 2, APPLICANT understan sand agrees that Pitkin Ce5 ntn ~ esns acconditioln pre dent bona es a fee structure for land use applications nd the payment of all proc g y olic that development determination of application complete ess. ~~ in P ~ Counby.s Fees have beent set to be consistent and fair shall pay, in full, the cost of developm nt revte to the public and to reflect the expense incurred in providing such services to the public. APPLICANT and CO TY agree that because of to the full extentof the costshnvolvpeden 3• p lication to ascerta~ project, it may not be possible at the ti a of a p processing the application. g p g locations 4• APPLICANT and CO TY agree that fees char land useerevew sin of land use app shall accumulate if an application me udes more than one type of COUNTY and APPLI ANT further agree that it is imp ncan~oc BoardOof Co my ff to complete 5. processing or present sufficient info Commission and/ogBoa d of County Commissioners to make legally Commissioners to enable the Planni g required findings for project approva ,unless current billings are paid in full prior to decision. (, Therefore, APPLICA T agrees that in consideraties oAPP~ OANTYha~l pay a base feehn the collect full fees prior to a determinat on of application completen f g 4,158.00 which is bas d on18 hours of staff time, an~d'then thetCOUNTYbwill bill therocess the amount o application exceeds the average nu ber of hours by more than 20 0, NT uarterly for the addi Tonal time spent. Such periodic payc~ d costslshal'1 be grounds fo aays of APPLICA q the billing date. APPLICANT furt r agrees that failure to pay suc ac suspension of processing. APPLICANT PITKIN COUNTY Woody Creek Ventures, LLC by: Clark Lipscgmb, V~pe President Print Name ~ ~!,~' Cindy Houben ,/~ .,--~' Community Development Direct r 'Sigaatute'r Date: September 1, 2006 Mailing Address: ASpenoCO 86 612 Effective 5/25/OS G.counh•`admm'.forms~ngrcement to pa>' Suzanne Wolff From: Douglas Prate [landstudio2@comcast.net] Sent: Thursday, September 21, 2006 10:53 AM To: Suzanne Wo ff Cc: Julie Pratte Subject: Re: Chaparr~l Aspen Lots 2 and 10 Vesting Period Hello Suzanne, The vesting period for the Cha arral Aspen Settlement Agreement Amendment approval contained in Resolution No. 05 -2004 and attached to the 2006 GMQS Applications is February 5, 2021 as stated on age 3 of recorded document 497955. The 2006 GMQS Application "Introduction" paragraph mistakenly reflects different date. Please note this correction to the application. Thanks Douglas Pratte The Land Studio, Inc. 1002 Lauren Lane Basalt, CO 81621 (970) 927-3690 phone (970) 927-4261 fax landstudio2@comcast.net 1 RE: 2006 RURAL AREA'GMQS COMPETITION FOR NEW LOTS/PARCELS NOTICE IS HEREBY G N that a public hearing will be held on Tuesday, April 17, 2007 at a regular meeting to begin a 3:00 PM or as soon thereafter as the conduct of business allows, before the Pitkin County Pl nning and Zoning Commission, Plaza One Conference Room, 530 East Main Street, Aspen to onsider scoring of the following applications for growth management allotments for new lots/parc is in the Rural Area: Chaparral Aspen emote Lot #6 (P216-06): Woody Creek Ventures LLC (106 South Mill Street, Suite # 02, Aspen, CO 81611) is requesting 1,000 square feet for a cabin on one 35 acre parcel i the Rural/Remote zone district. The property is located north of the main ranch parcel o Chaparral Aspen and is described as Parcel 6, Chaparral Aspen Remote Parcels. Th State Parcel Identification Number for this property is 2643-032- 01-006. Chaparral Aspen emote Lot #7 (P217-06): Woody Creek Ventures LLC (106 South Mill Street, Suite # 02, Aspen, CO 81611) is requesting 1,000 square feet for a cabin on one 35 acre parcel i the Rural/Remote zone district. The property is located north of the main ranch parcel o Chaparral Aspen and is described as Parcel 7, Chaparral Aspen Remote Parcels. Th State Parcel Identification Number for this property is 2643-032- 01-007. Chaparral Aspen emote Lot #8 (P218-06): Woody Creek Ventures LLC (106 South Mill Street, Suite # 02, Aspen, CO 81611) is requesting 1,000 square feet for a cabin on one 35 acre parcel in the Rural/Remote zone district. The property is located north of the main ranch parcel of Chaparral Aspen and is described as Parcel 8, Chaparral Aspen Remote Parcels. Th State Parcel Identification Number for this property is 2643-032- 01-008. For further information conta~t Ezra Louthis, at the Pitkin County Community Development Department (970) 920-5092. • Chaparral Aspen H mestead #2 (P214-06): Wilhelm Family Limited Partnership (0021 Burnt Mount in Circle, PO Box 7922 Aspen, CO 81612) is requesting 5,000 square feet of floor a a for a new development right on one 35 acre parcel in the RS-20 Zone District. Thep rcel is located on the main ranch of Chaparral Aspen and is described as Homest ad #2, Chaparral Aspen. The State Parcel Identification Number for this parcel is 2643 094-89-94I-. UI-U02 • Chaparral Aspen H mestead #10 (P215-06): GSH Ranch Holding, LLC (500 Washington Ave. So th, Suite 3000, Minneapolis, Minnesota 55415) is requesting 5,000 square feet of fl or area for a new development right on one 35 acre parcel in the RS-20 Zone District. The parcel is located on the main ranch of Chaparral Aspen and is described as Homeste d #10, Chaparral Aspen. The State Parcel Identification Number for this parcel is 2643 094-06=6$fi 01-01 C~ For further information conta Mike Kraemer, at the Pitkin County Community Development Department (970) 920-5482. Jeanette Jones, Deputy Coun ~ Clerk Board of County Commission rs Published in the Aspen Times eekly on March 11, 2007.. PITKIN October 2, 2006 Doug Pratte PO Box 107 Basalt, CO 81621 Re: Chaparral Lot 2 (PID# 2643-094-i Dear Mr. Pratte: U COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526/FAX# (970) 920-5439 QS Competition for Rural Area New Lots or Parcels )1; CASE # P214-06) The Planning staff has com leted its preliminary review of the captioned application. We have determined that this applic ion is complete. After a more detailed review of the submittal information, additional information spec fic to the application may be requested in order to adequately review and process the application. Th planner in charge of the review will request the information from you directly. This application has been s eduled for review by the Pitkin County Planning and Zoning Commission on Tuesday, December 12, 006 at a meeting to begin at 5:00 p.m. in Plaza One Conference Room, 530 E. Main St., Aspen. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. A r that the agenda date will be considered final and changes to the schedule or tabling of the application ill only be allowed for unavoidable technical problems. If you have any questions, Sincerely, call Mike Kraemer, the planner assigned to your case, at 920-5482. Bonnie Waechtler Administrative Assistant PITHIN COUNTY CITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Woody Creek FROM: Mike Kraemer Community Development Department ~~ Chaparral Lot GMQS Competition for Rural Area New Lots or Parcels (PID# 2643-09 -00-001; CASE# P214-06) DATE: October 2, Attached for your review and omments are materials for an application submitted by Woody Creek Ventures LLC. The Pitkin Co my Planning and Zoning Commission will review the application on December 12, 2006. Please return your comments to me by Friday, November 24, 2006. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. ~ :._ ,_ MUNITY DEVELOPMENT DEPARIIIENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 Pitkin County Land Use: 172 Board of Adjustment 159 County Land Use Code ~ / 174 Flat Fee (_ 1~ ~ !_~ 162 Zoning and Sign T 169 Public Notice S ~ 160 Planning Enforcement 175 ', Hearing Officer Referral Fees: 210 Airport LUCO1, County Clerk 211 ~ County Engineer 194 Environmental Health 208 Historic 198 Housing 190 Land Management 209 Redstone HPC 206 ' Wildlife Officer Building Fees: 170 ', Board of Appeals 105 Building Permit 120 ~ Electrical Permit 195 Energy Code Review 115 ~ Mechanical Permif 150 Plan Check 110 Plumbing Permit 130 Reinspection 152 AVFD Fire Marshal 158 BFD Fire Marshal Other Fees: 155 I Use Tax 165 ~ Copy PZ005~ Master Plan Copy 185 ~~ Park Dedication IS ~~ GIS Requirements 161 ', Housing Impact Fee B1202'' Road Impact Fee B1203 School Impact Fee TOTAL ~1 /~-~_ n 7~\ , Y " ~-.~. b.LJ v~(S1 NAME:I ADDR~SS/PROJECT: I PHON1 CHEC # CASE! PERMIT#: DATE:. INITIAL: