HomeMy WebLinkAboutpitkin.planning.246115100004 (2007)
DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
I
RESOLUTION OF mE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING mE JEROME PARK ACTIVITY ENVELOPE APPROVAL AND
EXTENDED VESTED RIGHTS
Resolution No.Qk1-2007
RECITALS
I, The North Thompson Four Mile Mineral and Land Corp. (hereafter referred to as "Applicant") has
applied to the Board of County Commissioners of Pitkin County ("Board") for Activity Envelope and
Extended Vested Rights approval for construction of a single family home and agricultural structures.
2. The parcel is located in the North Thompson Creek area. (Legal Descriptions, Attachment A). PID#:
24611 S 1 00004.
3. The Applicant is creating a new 3S acre parcel from a 4,773 acre parcel that spans the Pitkin -Garfield
County line. A single family home is proposed in an envelope on this 35 acre parcel. An agricultural
structure envelope is proposed on the remainder parcel.
4. The entire property is the subject of a contract with the County to purchase a conservation easement.
S. The Board heard evidence and testimony on this application at a duly noticed public hearing on July 25,
2007.
6. The Board finds this request is consistent with the requirements of the Land Use Code.
NOW, mEREFORE, BE IT RESOLVED BY mE BOARD OF COUNTY COMMISSiONERS OF
PITKIN COUNTY that the North Thompson Four Mile Mineral and Land Corp. request for activity envelopes for
a single family home and for agricultural structures and for extended vested rights is approved, subject to the
following conditions:
1 . The Applicant shall adhere to all material representations made in the current or prior applications or in
public meetings or hearings and shall consider those representations to be conditions of approval, unless
amended by other conditions.
2, The terms of this approval are contingent on the conveyance ofa Board approved conservation easement to
Pitkin County.
3. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have
been conducted. These requirements will be considered at the time of building permit. Structures
represented in the application may not be permitted under building and zoning regulations.
4. Prior to submittal of any building or access permits the Applicant shall submit for and have an approved Site
Plan as described in the Pitkin County Application Manual, Section 2, 1.12.
5. Prior to submittal of any building or access permits, the Applicant shall be required to submit for
approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in
accordance with Land Use Code Section 2-30-20(g) (2) (3) and Application Manual Section 2.1.12. The
above referenced approvals shall be a condition precedent to finalization and recordation.
page 1 of7
RECEPTION#: 540848, 08109/2007 at
01:19:04 PM,
1 OF 8, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
6. No structural development, with the exception of fencing, in excess of 30" shall occur within the
setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most
restrictive grade. Any development located within setbacks mandated by County zoning regulations
shall require a variance from the Board of Adjustment. Approval of a landscape envelope within such
setbacks does not assure approval of a variance.
7. Prior to issuance of a building permit application for the residence, the Applicant shall:
a. Complete a fireplace/wood stove registration form with the Community Development Department,
if necessary.
b. Obtain a storm water permit from the State of Colorado if site disturbance exceeds one (I) acre.
c. Obtain a County access/driveway/turnaround permit acceptable to the Carbondale Fire District and
County Engineer. Applicant must show evidence of an agreement with. the County for winter
plowing of Thompson Creek Road.
d. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. All
slopes steeper than 2: I shall utilize erosion control blankets.
c. Submit engineered plans for any rctaining walls greatcr than four feet in height.
f, Submit a construction management plan for review and approval by the County Engineer showing
the locations of staging, material storage and employee and construction traffic parking.
g. Pay the applicable road and employee housing impact fees.
h. Obtain a permit for construction of the ISDS.
1. Submit a landscape plan to the Community Development Department for review and approval.
8. Residential structures on the 35 acre parcel are limited to a total of 5,750 sq. ft. of floor area as
calculated at the time of building permit submission. The agricultural development in the envelope on
the remainder parcel has no approval for residential development at this time,
9. All development on slopes 30% or greater shall comply with the following standards:
a. An engineer or geologist licensed in the State of Colorado shall be required to demonstrate that the
site can be engineered so that there is no hazard posed by the location of development on such
slopes.
b. To the extent possible, the development shall be designed so as to: avoid adding water to the site
that would cause decreased stability; avoid removing the toe of the slope without adequate
mechanical support; avoid increasing the weight load on top of the slope; re-contour disturbed
slopes so that they can be re-vegetated; avoid steepening of existing slopes.
10, If retaining walls are used they shall comply with the following standards:
a. Retaining walls may be permitted to support steep slopes but should not exceed four (4) feet in
height from the finished grade, except for (i) a structure's foundation wall, or (ii) as necessary to
construct a driveway from the street to a garage or parking area, or (iii) as otherwise expressly
allowed by the Land Use Code.
b. A retaining wall should not exceed seven (7) feet in height. Retaining walls greater than four (4)
feet in height shall be supported by appropriate engineering and reviewed and approved by the
County Engineer.
c. Terracing should be limited to two (2) tiers. The width of the terrace between any two four (4) foot
vertical retaining walls shall be at least three (3) feet. Retaining walls higher than four (4) feet
should be separated from any other retaining wall by a minimum of five (5) horizontal feet.
Terraces created between retaining walls shall be permanently landscaped or revegetated with
native vegetation.
d. Retaining walls used to support existing road cuts may exceed (a), (b), and (c) of these guidelines.
page 2 of7
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11. The wildfire hazard is "moderate". The Applicant shall adhere to the follo\:ving wildfire standards:
l. DEFENSIBLE SPACE:
As during construction most of the vegetation within at least 30' of the structure will likely be removed, re-
planting of vegetation or remaining vegetation must adhere to the following:
I. Brush and non-ornamental vegetation shall be removed, or not replanted within a minimum ten-foot
(10') perimeter around all structures.
2. Spacing between clumps of sagebrush up to the thirty (30') foot perimeters shall be a minimum of 3
times the height of the fue\. Maximum diameter of the clumps shall be a maximum of3 times the
height of sagebrush (approximately 8 feet). Approximately 80% of the foliar cover of sagebrush
must be removed within the 30' perimeter of the structures.
3, Beyond 30', sagehrush must be thinned out to a 50' perimeter. Thinning should occur in clumps,
rather than by thinning individual plants. Within the 30' to 50' buffer, a minimum of approximately
60% of the total foliar cover of sagebrush must be removed- again, clumping is preferred. Clumps,
however, must not exceed greater than approximately 12' in diameter. In between clumps, intrusion
by other shrubby species (such as snowberry, rabbitbrush, rose, etc) must be annually maintained to
keep shrubby fuels patchy, Only grasses and forbs are allowed in between clumps. Within the 30'
perimeter, grasses and forbs must be mowed to a height less than 6 inches during the summer and
fall months.
4. Gambel's oak with a 30' perimeter around structures shall be limited to 3 clumps, no larger than
approximately 15' in diameter. Gambel's oak within these clumps shall be limbed of all dead
branches and limbed up to 10'. No other shrubs (sagebrush. rabbitbrush, snowberry, etc.) are
allowed within 10' of these Gambel's oak clumps.
5. From 30' to 50' perimeter around structures, Gambel's oak shall be limited to 5 clumps, no larger
than approximately IS' in diameter. Gambel's oak within these clumps shall be limbed of all dead
branches and limbed up to 10'. No other shrubs (sagebrush, rabbitbrush, snowberry, etc.) are
allowed within 10' of these Gambel's oak clumps,
6. Any aspen trees are exempt from the above vegetation restrictions. This means that some clumps of
shrubby vegetation (sagebrush and Gambel's oak) may remain, but must be clumped to the above
specifications. Any aspen trees may remain, but shall be thinned to the extent that at least 15'
between tree trunks exist in order to allow for firefighter movement around structures within a SO'
perimeter around structures
7. Flammable mulches (wood chips) are not allowed within 2' of the house. Aspen trees are allowed
near the house, as long as they are not within 10' of the structure, and are kept limbed to 10' (unless
the trees are less than] 0' tall). No trees/shrubs of any species may be within 15' of any window.
8. Up to 3 evergreen trees are allowed within 30' ofthe structures but should be limbed to 10', and not
have any flammable fucls (shrubs, etc.) underneath these trees. Trecs may not be within 15' of any
window, and trees within 30' should be spaced by at least 20' feet, unless in tight clumps consisting
no more than 3 trees, which must be separated by at least 30' to the next clump or individual trce or
clump of Gambel's oak or sagebrush clump.
9. All branches that extend over the roof eaves shall be trimmed back and all branches within 15' of
chimncys shall be removed.
10. All deadfall up to a 100' perimeter (or to property boundaries) shall be removed.
11. The property owner shall be responsible for the continued maintenance of the dcfcnsible space
vegetation requirements. Aftcr completion of thinning standards, the site shall be reviewed by
puge 3 of 7
Carbondale and Rural Fire Protection District personnel for compliance, as well as possible
incorporation of additional thinning needs,
II, ACCESS:
l. No shrubs are allowed within 10' of the driveway, and Gambel's oak must be removed within IS' of
driveways. Aspen are permitted within 10' of the driveway, but must be pruned to 6' above the
ground,
2. Low vegetation (grasses, forbs and low shrubs) shall be kept mowed to less than 6" within 10' of
either side of the driveway,
3. Due to the length of the driveway/access road, a turn-around pad of at least 30' in diameter is
recommended approximately Y2 the distance from the County Road to the structures.
III. WATER SUPPLY:
I. Any fire department recommendation for individual structure water supply and storage shall be
accessible to fire department vehicles from the exterior of the structure through a fire department
approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined
by the fire protection district with a minimum of one thousand (1,000) gallon storage capacity per
structure.
2. All structures greater than 5,000 square feet in size shall be required to install in-house sprinkler
systems that meet the standards of the local fire protection district and the IBC. At building permit
submittal, the local fire protection district may require smaller structures to be sprinkled due to
hazard considerations, emergency access difficulties and lack of proximity to fire protection
services.
IV. ROOFING MATERIALS, ROOFING VENTS AND PROJECTIONS AT AND BELOW ROOF LINE:
a) General Roofing Standards
a. Roofs with less than a 3: 12 pitch are only allowed as long as they comply with the
following:
I. Class A covering or Class A assembly as detined by the currently adopted building
code.
II. All roof coverings shall have a surface that shall facilitate the natural process of
clearing roof debris.
HI. Protrusions above the roofline, such as parapets, shall be prohibited.
b. Roofs shall be installed as required by the adopted Building Code and shall have a
minimum roof pitch of 1 :48.
c. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshall prior to submittal of a building permit application.
b) Roofing Materials within Moderatc Hazard Areas
a. Any new roofs shall be constructed with a minimum of a Class-A roof covering or Class A
assembly (sce IBC Section 1505.2).
page 40f7
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b. No wood shakes or shingles.
c) Roof Venting within Moderate Hazard Areas
a. Soffit venting shall be located in the outer 1I3rd portion of the overhand.
b. Attic, soffit and other roof venting shall be of non-corrosive metal mesh with maximum
1/4" openings.
d) Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other within
Moderate Hazard Areas
a, Sheath with non-combustible materials, or
b. Combustible materials underlain with 5/8" Type X h'Ypboard or equal, or
c. Minimum 4x6 rafters with 2:< T &G decking
V. MAINTENANCE AND MISCELLANEOUS REQUIREMENTS:
a. Roofs and gutters shall be kept clear of debris.
b. Yards shall be kept clear of all litter, slash and flammable debris.
c. All flammable materials shall be stored on a parallel contour a minimum of 30 feet away
from any structure.
d. Weeds and grasses within the 30 foot perimeter shall be maintained to a height of not more
than 6 inches.
e. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (30) feet
away from the structure.
f. Swimming pools and ponds shall be accessible by the local fire district.
g. Fences shall be kept clear of brush and debris.
h. Wood fences shall not connect to other structures.
\. Fuel tanks shall be installed underground within an approved container.
J. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and
on a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be constructed
with materials approved for two (2) hour fire-resistive construction on the exterior side of
the walls.
k. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
\. Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be
visible at the primary point of access from the public or common access road and installed
on a non-combustible surface.
12, The Applicants shall comply with the following general conditions regarding wildlife:
A, When existing native vegetation must be altered within the Activity Envelope, the
Applicant may be required to prepare a habitat mitigation plan acceptable to the County.
Such mitigation plan may substitute (in a nearby area on the subject property) vegetation
equal in type and quantity to that being removed to mitigate effects on wildlife species.
Should there be no opportunity on the property for habitat mitigation or restoration, off-site
mitigation benefiting the same species may be required, or financial mitigation may be paid
into a County habitat mitigation fund should such a fund be established in the future.
page 5 of7
B. Manipulation of vegetation outside of the Activity Envelope other than for agricultural
purposes is prohibited.
C. Mesh or woven wire fences not necessary for livestock retention are prohibited within or on
the perimeter of the Activity Envelope.
D. Fencing within the Activity envelope (except for a dog kennel) shall be either wood rail
fencing which shall employ three (3) rails or less, be the round or split rail type, shall not
exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width
(top view), and shall have at least eightcen (18) inches between thc lower two (2) rails; or
shall be wire fencing of three (3) strands or less. The top wire should be a twelve-point-five
(12.5) gauge twisted barbless type at a maximum height of forty-two (42) inehes. The
middle strands (which may be barbed) should be located a minimum twelve (12) inches
apart and from the top wire preventing entanglement when mule deer jump over. The
bottom strand should be sixteen (l 6) inches from the ground.
E. All dogs other than working ranch dogs must be restricted to a fenced enclosure (kennel)
within the residential activity envelope. Dogs other than working ranch dogs will be leashed
at all times when outside of the activity envelope. No construction worker dogs shall be on
site, even if within a vehicle.
F, Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two
(2) to five (5) per acre whenever possible as nesting and perching habitat.
G. Fruit bearing trees and shrubs shall be prohibited. This does not include pre-existing native
trees and shrubs,
H. Development shall be clustered to the ma.ximum extent possible to minimize impact on
wildlife.
I. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging,
studying, or otherwise managing wildlife,
J. Bird feeders, including hummingbird feeders, shall be hung away from any deck or
window, and be at least ten (10) feet from the ground suspended between two (2) trees or
posts. All seed feeders shall include a seed catchment pan to catch discarded seed.
K. Horse grains, pellets, and cookies shall be stored in bear resistant containers.
L. Pet food shall not be left outside. Pets shall not be fed outside.
M. Trees planted shall not have limbs that extend close to the residence in order to minimize
access for bears to upper level decks/windows.
N. Bear proof trash/garbage containers are required for both the residence and during
construction.
O. Composting will be restricted to yard waste.
P. Noxious weeds shall be managed by means of an Integrated Weed management strategy
according to the 2006 revised Pitkin County Weed Management Plan.
13. No development, including grading, excavation, fill placement, driveway, turnaround, berms,
landscaping, vegetation removal or disturbance other than for agricultural purposes, entry or ranch
gates shall occur outside of the approved activity envelope, with the exception of measures to
comply with the wildfire mitigation required herein.
14. The access drive shall be built to current County Standards, as described in the Pitkin County Asset
Management Plan and submit for an access permit. The driveway layout shall be staked in the field
and reviewed and approved by the County Engineer, prior to commencement of construction.
l5. Prior to commencement of any earthmoving or other construction activity, the Applicants shall stake
the comers of the activity envelope and install orange construction fencing around the construction
site within the perimeter of the activity envelope. The fencing shall remain in place until issuance of
a Certificate of Occupancy.
page 6 0{7
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16. All areas disturbed by construction shall be re-vegetated with native shmbs and grasses within one
growing season of the project's completion.
17. Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, 9 2-20-170 and C.R.S" 9 24-68-105. The statutory vested rights granted herein shall expire
on July 25, 2037.
18. failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property .
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES, on the 24th day of June,
2007,
APPROVED AND ADOPTED AT A PUBLIC HEARING on the 25th day of July, 2007.
PUBLISHED AFfER ADOPTION IN THE ASPEN TIMES. on the nil day of ~VH'" , _,2007.
\~EST:
IXU14 pft
Jeanette Jones
O~puty Clerk
/\
( )
\vJL1U'y
If - .
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Michael Owsle
Chair
Date: 8' A~ / D ~7
I (
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
:;:- ~---,~.......".
Jr;.~ (OJ.- ~ij.
CiI Y ouben,
Community Development Director
John Ely,
Counry-Attofncy
P093-07
246115100004
page 70f7
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JEROME PARK 35 ACRE LOT PROPERTY DESCRIPTION
A..pARCEL OF LAND SITUATED IN THE W1/2 OF SECTION 23, TOWNSHIP 8 SOUTH,
RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF
COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
(BASIS OF BEARINGS FOR THIS DESCRIPTION IS A BEARING OF TRUE NORTH
DETERMINED BY GPS OBSERVATION YIELDING A BEARING OF N88046'29"E BETWEEN
THE NORTHWEST CORNER OF SECTION 23, A BLM BRASS CAP IN PLACE AND THE
NORTHEAST CORNER OF SAID SECTION 23, A STONE IN PLACE)
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 23, A BLM BRASS CAP
IN PLACE; THENCE S31 o40'04"E A DISTANCE OF 2,504.51 FEET TO THE POINT OF
BEGINNING; THENCE N88"42'30"E A DISTANCE OF 1 ,319,25 FEET TO A POINT ON THE
NORTH-SOUTH CENTERLINE OF SECTION 23; THENCE SOO"OTOO'W ALONG SAID
CENTERLINE A DISTANCE OF 1,158.38 FEET; THENCE LEAVING SAID CENTERLINE
S88"40'44'W A DISTANCE OF 1,319.77 FEET; THENCE NOO"08'30"E A DISTANCE OF
1,159.08 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 35.089
ACRES, MORE OR LESS.
JEROME PARK AGRICULTURE BUILDING ACTIVITY ENVELOPE DESCRIPTION
AN ACTIVITY ENVELOPE SITUATED IN THE W1/2 OF SECTION 23, TOWNSHIP 8 SOUTH,
RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF
COLORADO.
MEMORANDUM
THROUGH:
Board of County Commissioners
Cindy HOUb~,~~t"nity Development Director
TO:
FROM:
Lance Clarke, Assistant Director Community Development
RE:
Jerome Park Activity Envelope, Extension of Vested Rights- Public Hearing
DATE:
July 25, 2007
SUMMARY: The Applicants request Activity Envelope Review with Extended Vested Rights to establish an
envelope for access, for a single family home on a newly created 35 acre parcel and an envelope for agricultural
structures on the remainder, fathering parcel.
APPLICANT/OWNER: North Thompson Four Mile Mineral and Land Corp.
REPRESENTATIVE: Doug Pratte, The Land Studio, Inc.
LOCATION: North Thompson Creek
ZONING/LOT SIZE: The residential parcel contains approximately 35 acres and is conforming in size in the
RS-30 zone district. This 35 acre parcel is being created from a 4,773 acre parcel that spans the Pitkin and Garfield
County line. The agricultural structures will be on the remainder 4,738 acre parcel. Of the entire parcel, 3,315
acres are in Pitkin County.
BACKGROUND: The Board has recently rezoned a portion of this parcel (480 acres) to Rural Remote. The
intent is for the entire parcel to be put under a conservation easement purchased by Pitkin County. The easement
would allow for the development contemplated in this application.
REFERRAL COMMENTS: The CDOW, Carbondale Fire, Crystal Caucus, EH/NR, OS&T. Comments were
received from the CDOW (verbal), EH/NR, and OS&T.
STAFF COMMENTS:
ACTIVITY ENVELOPE REVIEW (7-10-50):
Request for an Activity Envelope and Site Plan must comply with the provisions and policies of Chapter 7.
Steep and Potentially Unstable Slopes:
Land Use Code Sec. 7-20-20 addresses standards for development on potentially unstable slopes;
Response: The activity envelope has been proposed on slopes of less than 30%. A site visit was conducted on
July 13,2007. All proposed development areas are on a consistent gentle slope. There is a narrow "dry gulch"
that runs through the envelope that can be easily spanned for access purposes.
Page 1 of3
000001 c-f l.P
Water Courses and Drainage:
Land Use Code Sec. 7-20-30 addresses water resource standards which are applicable to all development.
Response: No encroachment or channeling is proposed. No "blue line" perennial streams cross the envelope.
There are no ditches. The envelope is not irrigated. There are no observable wetlands in the envelope. The
Applicant does not intend to change historical drainage patterns.
Wildfire:
Land Use Code Subsection 7-20-60 addresses development in wildfire hazard areas.
Response: The Wildfire Report indicates the envelope to be in a "Moderate Hazard" area. Standard mitigation
will be employed.
Wildlife:
Land Use Code Section 7-20-70 addresses development within wildlife areas.
Response: The Applicant has presented an Ecological Assessment for the proposed activity envelope prepared by
Jonathan Lowsky. The envelope site is heavily vegetated with sagebrush. There are gambel oak, juniper and
serviceberry clumps throughout and predominantly on the "upper" edge of the envelope. The envelope site
provides year-round habitat for mule deer and elk winter range. Staff has spoken with John groves of the CDOW.
Mr. Groves agrees with the mitigation measures proposed by Mr. Lowsky.
ACCESS:
North Thompson Creek Road is a Low Service Level road. Currently winter plowing stops at the Spring Gulch
Nordic Ski Area. The proposed entrance to the envelope is approximately a mile beyond the Ski Area. The
entrance is slightly less than two miles from the County line. A Low Service Level road may be plowed to allow
access to a legal residence through an agreement with the County.
SITE PLAN REVIEW:
The Applicant has not requested Site Plan Review at this time. Site Plan review will be required prior to any
development of structures on the property.
EXTENDED VESTING (2-20-170 (c)):
The Applicant has requested an extended vesting period of 30 years. The LUC allows the Board to grant vesting
for longer than 3 years through the use of a development agreement". . . in return for additional certainty or benefits
granted by the property owner to the County regarding a specific final development of the property." For
example, extended vested rights may be considered if",.. the applicant makes commitments that the property will
protect significantly more open space.. .than would otherwise be required by this LUC."
Response: In this case the Applicant is committing to preserve significant amounts of open space well beyond any
Code requirements through the proposed conservation easement.
RECOMMENDATION: Staff recommends approval of Jerome Park Activity Envelope and Extended Vesting
subject to the conditions of the attached Resolution..
Page 2 of3
000002
ATTACHMENTS:
A. EH/NR referral
B. OS&T referral
lancec/cases/jerome park activity envelope _ memo.doc
Page 3 of3
000003
MEMORANDUM
To:
Lance Clark, Planning Department
From:
Nancy MacKenzie, Environmental Health & Natural Resources
Department
Date:
July 16, 2007
Re:
Jerome Park Activity Envelope with Extended Vesting
(CASE P093-07; PID 2461-151-00-004)
-------------------------------------------------
-------------------------------------------------
SUMMARY OF RELEVANT PARTS OF APPLICATION: The applicant is seeking
approval on a 4,774 acre parcel of land for an 11-acre Activity Envelope on a 35-
acre parcel for one single family home and one agricultural facility. Nancy
MacKenzie from this Department conducted a site visit on July 13, 2007 with
Lance Clark of the Planning Department, Dale Will of the Open Space & Trails
Department, and applicant representatives Doug Pratte and Bill Fales.
DISCUSSION: The Pitkin County Environmental Health & Natural Resources
Department has reviewed the details of the Jerome Park application under the
authority of the Pitkin Countv Land Use Code and the Pitkin County ISDS
Reaulation and has the following comments.
ADEQUATE PROVISION FOR WATER NEEDS: 1-60-310:
There is no water service to this property at this time and it is the intent to serve
the property with a well. There is a well on an adjacent portion of this property
and it therefore appears that it is feasible to drill a well to provide potable water in
this area.
Neither the County nor the State of Colorado have water quality standards
applicable to drinking water obtained from private wells or private water sources.
It is the responsibility of the property owner to assess the suitability of a well for a
drinking water supply. (This Department's web site contains some helpful links
with information on pollutants a property owner should test for.) Under the
County's current ISDS regulations, the applicant only needs to have the well
water tested by a lab for bacteria (coliform). This can be done locally at
Snowmass Water and Sanitation District, or Aspen Consolidated Sanitation
District.
SEWAGE TREATMENT: 1-60-320:
No soils data is available for this site. However, there is adequate area in the
moderately sloped portion of the proposed Activity Envelope to site the Onsite
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Wastewater Treatment System (OWTS) for the planned 5,750 square foot house.
Following is an example of the size required for a 6 bedroom house under the
current Pitkin Countv IISDS Reaulation, assuming soil with a poor percolation
rate of 60 mpi. An area approximately 48 ft X 100 ft for a total area of 4,800 sq ft.
would allow for 3 ft wide trenches that could be stepped down the slope and
retain the native vegetation between the trenches.
A dry gulch passes through the proposed Activity Envelope. There is enough
area in the proposed envelope to site the OWTS away from this feature. No other
irrigated areas, irrigation ditches, rivers, streams, ponds, wetlands or riparian
habitat are present on the site.
000005
Page 1 of 1
Lance Clarke
From: Dale Will
Sent: Tuesday, July 17, 2007 1:59 PM
To: Lance Clarke
Cc: Barb D' Autrechy
Subject: Jerome Park Comment
Hi Lance:
The Open Space Department has reviewed the proposed activity envelope on Jerome Park and we find that it is
consistent with our agreement to purchase a conservation easement on the property. As you know, an earlier
agreement between Pitkin County and the landowner would have left 7 potential home sites in the vicinity of the
single site now proposed. This surviving site was selected to minimize scenic impacts from the public road way.
Overall, we believe our Jerome Park conservation project to be a huge win for land conservation in Pitkin County,
and within the Roaring Fork watershed in general.
Regards
Dale Will
Director
Pitkin County Open Space and Trails
000006
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7/1712007
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
PROJECT: Jerome Park Activity Envelope
lOCATION: North Thompson Creek PID# 246115100004
OWNER: North Thompson Four Mile Mineral and Land Corp.
REPRESENTATIVE: Doug Pratte,The Land Studio, Inc. Phone: 927-3690 /landstudio2@comcast.net
DATE: May 1, 2007 PLANNER: Lance Clarke 920-5452
Type of Application: Activity Envelopes with Extended Vesting Requested
Description of Project/Development: The Applicant is requesting approval of an Activity Envelope for a single
family home on a 35 acre parcel and an Activity Envelope on the remainder parcel for agricultural facilities.
Extended Vesting is also requested.
land Use Code Sections to be addressed in letter of reauest (aDDlication):
Sec. 2-30-20(g): Activity Envelope Criteria for Approval;
See, 7-10-50: Activity Envelope;
Sec. 7-20-10: Site Preparation and Grading;
Sec. 7-20-20: Steep and Potentially Unstable Slopes;
Sec. 7-20-30: Water Courses and Drainage;
Sec. 7-20-60: Wildfire Hazard;
Sec. 7-20-70: Wildlife Habitat;
Sec. 7-20-80: River and Stream Corridors and Wetlands;
Sec. 2-20-170(d): Extension or Reinstatement of Vested Property Rights: Reinstatement of Development
Approval
Staff will refer the application to the following agencies: CDOW, Carbondale Fire, Crystal Caucus, EH/NR
Review by: SOCC
Public Hearing: Yes, public notice is required. 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 (by first class mail) to all adjacent property owners and
mineral estate owners with the return address of the Community Development Department (form of notice to
be obtained from the Community Development Department) (Affidavit Required). 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: $4,096(make check payable to "Pitkin County Treasurer")
· Planning Office flat fee: $3,234 (non-refundable; based on 14 hours of staff time; if staff review time
exceeds 17 hours, the Applicant will be charged for additional time above 14 hours at a rate of $231/hour)
· $50 Publication Fee
· $502 EH/NR Referral Fee
· $310 Clerk Fee
To apply, submit 12 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 requirements as designated in Section 2.1.1 of the Pitkin County Land Use Application Manual;
3. Application requirements as designated in Section 2.2.3 of Pitkin County Application Manual;
4. Proof of ownership of subject property;
5. Copies of previous Land Use approvals;
6. Parcel description, including legal description and vicinity map;
7. Total fee for review of the application;
8. Signed fee agreement (1 copy);
9. Consent from owner(s) to process application and authorizing the representative, if applicable (1 copy);
10. List of all adjacent property owners and mineral estate owners (1 copy);
11. Copy of this preapp form (1 copy)
NOTES:
~ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COpy OF YOUR COMPLETE APPLlCA TlON.
PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLlCA TlON (IF
POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR
APPLlCA TION.
~ ALL MAPS SHALL BE FOLDED. Note: At least one copy shall have all materials at 81/2" x 11" or less.
~ This pre-application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staff's interpretations
based upon representations of the applicant. Additional information may be required upon a complete
review of the application.
JEROME PARK 35 ACRE LOT PROPERTY DESCRIPTION
A PARCEL OF LAND SITUATED IN THE W1/2 OF SECTION 23, TOWNSHIP 8 SOUTH,
RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF
COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
(BASIS OF BEARINGS FOR THIS DESCRIPTION IS A BEARING OF TRUE NORTH
DETERMINED BY GPS OBSERVATION YIELDING A BEARING OF N88046'29"E BETWEEN
THE NORTHWEST CORNER OF SECTION 23, A BLM BRASS CAP IN PLACE AND THE
NORTHEAST CORNER OF SAID SECTION 23, A STONE IN PLACE)
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 23, A BLM BRASS CAP
IN PLACE; THENCE S31 o40'04"E A DISTANCE OF 2,504.51 FEET TO THE POINT OF
BEGINNING; THENCE N88042'30"E A DISTANCE OF 1,319.25 FEET TO A POINT ON THE
NORTH-SOUTH CENTERLINE OF SECTION 23; THENCE SOoo07'OO'W ALONG SAID
CENTERLINE A DISTANCE OF 1,158.38 FEET; THENCE LEAVING SAID CENTERLINE
S88040'44'W A DISTANCE OF 1,319.77 FEET; THENCE NOoo08'30"E A DISTANCE OF
1,159.08 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 35.089
ACRES, MORE OR LESS.
JEROME PARK AGRICULTURE BUILDING ACTIVITY ENVELOPE DESCRIPTION
AN ACTIVITY ENVELOPE SITUATED IN THE W1/2 OF SECTION 23, TOWNSHIP 8 SOUTH,
RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF
COLORADO.
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
PROJECT: Jerome Park Activity Envelope
LOCATION: North Thompson Creek PID#246115100004
OWNER: North Thompson Four Mile Mineral and Land Corp.
REPRESENTATIVE: Doug Pratte,The Land Studio, Inc. Phone: 927-3690 /landstudi02@comcast.net
DA TE: May 1, 2007 PLANNER: Lance Clarke 920-5452
Type of Application: Activity Envelopes with Extended Vesting Requested
Description of Project/Development: The Applicant is requesting approval of an Activity Envelope for a single
family home on a 35 acre parcel and an Activity Envelope on the remainder parcel for agricultural facilities.
Extended Vesting is also requested. Extended vesting requires a Development Agreement.
Land Use C(l~p: :5~~!~ons to be addressed in letter of reauest (aDDlication):
Sec. 2-30-20(g): Activity Envelope Criteria for Approval;
Sec. 7-10-50: Activity Envelope;
Sec. 7-20-10: Site Preparation and Grading;
Sec. 7-20-20: Steep and Potentially Unstable Slopes;
Sec. 7-20-30: Water Courses and Drainage;
Sec. 7-20-60: Wildfire Hazard;
Sec. 7-20-70: Wildlife Habitat;
Sec. 7-20-80: River and Stream Corridors and Wetlands;
Sec. 2-20-170(c): Development Agreements
- O~-5,,0'''''' Q\o.:.~
Staff will refer the application to the following agencies: CDDW, Carbondale Fire, Crystal Caucus, EH/NR
Review by: SDCC
Public Hearing: Yes, public notice is required. 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 (by first class mail) to all adjacent property owners and
mineral estate owners with the return address of the Community Development Department (form of notice to
be obtained from the Community Development Department) (Affidavit Required). 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: $4,096(make check payable to "Pitkin County Treasurer")
· Planning Office flat fee: $3,234 (non-refundable; based on 14 hours of staff time; if staff review time
exceeds 17 hours, the Applicant will be charged for additional time above 14 hours at a rate of $231/hour)
· $50 Publication Fee
· $502 EH/NR Referral Fee
· $310 Clerk Fee
To apply, submit 12 copies ofthe 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 requirements as designated in Section 2.1.1 of the Pitkin County Land Use Application Manual;
3. Application requirements as designated in Section 2.2.3 of Pitkin County Application Manual;
· QUOa01 of ~
4. Proof of ownership of subject property;
5. Copies of previous Land Use approvals;
6. Parcel description, including legal description and vicinity map;
7. Total fee for review of the application;
8. Signed fee agreement (1 copy);
9. Consent from owner(s) to process application and authorizing the representative, if applicable (1 copy);
10. List of all adjacent property owners and mineral estate owners (1 copy);
11. Copy of this preapp form (1 copy)
NOTES:
~ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COpy OF YOUR COMPLETE APPLlCA TION.
PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLlCA TlON (IF
POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR
APPLlCA TlON.
~ ALL MAPS SHALL BE FOLDED. Note: At least one copy shall have all materials at 81/2" x 11" or less.
~ 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 may be required upon a complete
review of the application.
".. OOOOO~.
II The Land Studio. Ine
Memorandum
To:
Lance Clarke, Pitkin County
Community Development
Julie Pratte
From:
CC:
Date:
Re:
June 20, 2007
Jerome Park application
Lance,
Please find included here 12 copies of the Jerome Park Activity Envelope application (one
unbound copy). Let us know if you have any questions concerning the application.
Thanks
Julie Pratte
A8
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. t 000003
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and ~ rth TnompsoYl t=OLtV M ~ \e.. M i ne4-CC( ...i
(hereinafter APPLICANT) AGREE AS FOLLOWS: Lax0 &r~
1. APPLICANT h~s submitted to COUNTY an application for A ('Jh(rtuEV\ \J ~O(.Je.. telii--)
E- '{. t~--tw \Jesiim (hereinafter, T~
J
2, APPLICANT understands and agrees that Pitkin County Ordinance No. 022-2006 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that development
shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair
to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing ofland use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration ofthe COUNTY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $ 4 oq&. !.~which is based on _ hours of staff time, and if actual time spent by staff to process the
application exceeds the average number of hours by more than 20%, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of
the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY
APPLICANT
Cindy Houben
Community Development Director
JLLhe PrtLHe - The Lard Sf-vel/a
~~t Name / ~ /II,/..,L_
~liA.J.;/ .R / r/Zvu-ZR
S' ature
Effective 7/26/06
G:county\admin\forms\agreement to pay
Date: 0-;q -0 7
Mailing Address:
Po. 3D,/- /07
&.sCl/~. Co 8/102/
.'.) 000004
.... 00000-5
Jerome Park
Activity Envelope with Extended Vesting
Pitkin County, Colorado
June 20, 2007
Prepared For:
North Thompson Four Mile
Mineral and Land Corp.
c/o Mark Nieslanik
1872 Prince Creek Rd.
Carbondale, CO 81623
Prepared By:
The Land Studio
P.o. Box 107
Basalt, CO 81621
phone (970) 927-3690
fax (970) 927-4261
~. 000006
Jerome Park Activity Envelope with Extended Vesting
Introduction
This application is for an Activity Envelope in the North Thompson Creek area
west of Carbondale that will contain one single family home on a 35-acre parcel
and one agricultural facility on a remainder parcel of approximately 4,773 acres1:.
Additionally, a conservation easement is proposed across the entire property. The
applicant is requesting extended vesting for a period of 30 years.
Existin~ Conditions
The Jerome Park parcel contains approximately 1458 acres of land in Garfield
County and approximately 3315 acres of land in Pitkin County. The parcel in
Pitkin County is zoned RS 30. The proposed envelope is on a moderate slope of
0-15% and 15-30% with vegetation being mostly sage meadow and small
groupings of oak brush.
Prooosed Conditions
The proposed II-acre envelope will contain one single family home, one
agricultural facility, an access road and utilities. Access to the envelope will be
from Thompson Creek Road.
Sec. 7-10-50: Activitv Envelooe
. -
The identification of the proposed Activity Envelope has been shown on the maps
included in this application. The proposed envelope has been located to generally
avoid constrained areas.
Sec. 7-20-10: Site Preparation and Gradin~
The applicant agrees all grading and filling on the site will take place within the
defined Activity Envelope. All grading and fill placement that exceeds 50 cubic
yards will be indicated on the grading plans that will be submitted at the time of
building permit. Any and all revegetation shall comply with the Pitkin County
Revegation Guidelines.
Jerome Park Activity Envelope with Extended Vesting
Sec. 7-20-20: Steen and Potentially Unstable Slones
- . -
No steep or potentially have been identified within the proposed Activity
Envelope. All proposed roads and the envelope are located in areas with less than
30% slopes. No retaining walls or Detention Facilities are proposed.
Sec. 7-20-30: Water Courses and Draina~
The following Water Course and Drainage information is part of the included
Ecological Assessment provided by Colorado Wildlife Science, LLC.
No "blue line" perennial streams shown on Us. Geological Survey
(USGS) maps occur on or adjacent to the site. The drainage that passes
through the proposed activity envelope is a dry gulch that only contains
water during andfollowing significant rain events (W Fales, personal
communication). Although the drainage is shown on USGS maps, it is
shown as intermittent. No riparian area occurs on the site nor will any
riparian habitat be affected by the proposed development.
The drainage channel appears to be the historic flow pattern during heavy rain.
No water has been visible in the drainage during site visits. It is the intent of the
applicant to preserve the natural character of the drainage channel. No other
irrigated areas, irrigation ditches, rivers, streams or ponds are present on the site.
A formal wetland delineation of the proposed activity envelope has not been
conducted. Based upon a site reconnaissance of the area within the proposed
activity envelope, it is unlikely that any naturally occurring jurisdictional
wetlands will be affected by the proposed development.
For the complete Ecological Assessment refer to the Appendix.
Sec. 7-20-60: Wildfire Hazard
Eric Petterson of Rocky Mounatin Ecological Services, Inc, conducted a Wildfire
Hazard Review dated June 11,2007. The report identifies the proposed Activity
Envelope as a "Moderate Hazard". Mitigations and recommendations to lower the
Wildfire Hazard for any new construction have been included in the report. The
applicant agrees to the proposed mitigation.
2
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· I ooooos
Jerome Park Activity Envelope with Extended Vesting
For the complete Wildfire Hazard Review refer to the Appendix.
Sec. 7-20-70: Wildlife Habitat
A Wildlife and Ecological Assessment has been conducted for the proposed
Activity Envelope by Jonathan Lowsky of Colorado Wildlife Science, LLC on
June 8, 2007. The analysis addresses significant, present wildlife use of the
proposed envelope, evaluates potential effects of development on wildlife and
other important ecological resources, and recommends actions to reduce
ecological impacts. In summary, the report states that is it unlikely the proposed
development will result in any significant direct or indirect loss of important
wildlife habitat or other ecological resources. For the complete Wildlife
Assessment refer to the Appendix.
Sec. 7-20-80: River and Stream Corridors and
Wetlands
The following Water Course and Drainage information is part of the included
Ecological Assessment provided by Colorado Wildlife Science, LLC.
No "blue line" perennial streams shown on Us. Geological Survey
(USGS) maps occur on or adjacent to the site. The drainage that passes
through the proposed activity envelope is a dry gulch that only contains
water during andfollowing significant rain events (W. Fales, personal
communication). Although the drainage is shown on USGS maps, it is
shown as intermittent. No riparian area occurs on the site nor will any
riparian habitat be affected by the proposed development.
The drainage channel appears to be the historic flow pattern during heavy rain.
No water has been visible in the drainage upon any site visits. It is the intent of
the applicant to preserve the natural character of the drainage channel. No other
irrigated areas, irrigation ditches, rivers, streams or ponds are present on the site.
A formal wetland delineation of the proposed activity envelope has not been
conducted. Based upon a site reconnaissance of the area within the proposed
activity envelope, it is unlikely that any naturally occurring jurisdictional
wetlands will be affected by the proposed development.
For the complete Ecological Assessment refer to the Appendix.
3
.,' 000003
Jerome Park Activity Envelope with Extended Vesting
Sec. 2-20-170(c): Development A~reements
The applicant is requesting an extension of vesting rights for a period of 30 years
for the proposed Activity Envelope. The Jerome Park Development Agreement
formalizing this request is included in the Appendix of the document. In
exchange for the extended vesting period, the applicant is committing to conserve
the property to protect significant acreage of open space beyond what would
otherwise be required by the Pitkin County Land Use Code.
4
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E.COLOGICAL ASSESSMENT OF RESIDENTIAL
DEVELOPMENT FOR COUNTY ACTIVITY ENVELOPE &
SITE PLAN REVIEW
NORTH THOMPSON FOUR MILE MINERAL & lAND CORPORATION
Pitkin County, Colorado
June 8, 2007
Prepared for -
North Thompson Four Mile Mineral and land Corporation
% Mark Nieslanik .
1872 Prince Creek Road
Carbondale, CO 81623
Prepared by -
COLORADO WILDLIFE SCIENCE, LLC
Jonathan Lowsky, M.ScL Wildlife Biology
0100 Elk Run Drive, Suite 128A, Basalt, CO 81621
(970) 927-4549 jonathan@ColoradoWildlifeScience.com
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Table of Contents
1.0 INTRODUCTION ............................................................................,...................................... 4
2.0 METHODS............................................................................................................................... 4
3.0 SITE DESCRIPTION AND TOPOGRAPHY ....................................................................... 4
4.0 VEGETATION ................................................................................................... ..................... 4
5.0 IMPORTANT ECOLOGICAL RESOURCES ...................................................................... 5
5.1 Threatened and Endangered Species ...............................................................................5
5.2 Ungulates................,.................................. ...... .................................................. ......... .........6
5.2.1 Mule Deer & Rocky Mountain Elk.................................................................................6
Migration Corridors, Migration Patterns, and Staging Areas ........................................6
Production Areas.................................................................................................................. 6
5.2.3 Rocky Mountain Bighorn Sheep ....................................................................................6
5.3 Raptors..............................,....................................................................................,.............. 6
5.5 Black Bears........................................................................................................................... 6
5.6 Riparian Habitat.................................................................................................................. 7
5.7 Wetlands and Waters of the U.S. ......................................................................................7
6.0 CONCLUSIONS..................................................................................................................... 7
7.0 POTENTIAL EFFECTS OF THE PROPOSED PROJECT .................................................. 8
8.0 RECOMMENDATIONS TO MINIMIZE ECOLOGICAL IMPACTS.............................. 8
9.0 QUALIFICATIONS OF THE PREP ARER......................................................................... 10
10.0 LITERATURE CITED ....................................................................................,.................... 11
MAPS............................................................................................................................................ 13
PHOTOS ...................................................................................................................................,.. 17
APPENDIX A: CD OW NDIS SEASONAL ACTIVITY AREA DEFINITIONS .................22
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Figures
Map 1. Aerial View............................................................................................................................ 14
Map 2. CDOW mapped seasonal mule deer habitat ....................................................................15
Map 3. CDOW mapped Rocky Mountain elk seasonal habitat ................................................. 16
Photos
Photo 1. Dry drainage...........................................,........................................................................... 18
Photo 2. Site topography........................................................,......................................................... 18
Photo 3. The activity envelope situated at the intergrade of major plant communities.......... 19
Photo 4. (Mountain, Wyoming) Big Sagebrush-Utah Serviceberry Shrubland ........................19
Photo 5. Utah Juniper / (Mountain, Wyoming) Big Sagebrush Woodland ............................... 20
Photo 6. Gambel Oak / (Mountain, Wyoming) Big Sagebrush Shrub land ................................20
Photo 7. Moderately browsed Utah serviceberry at the activity envelope ............................... 21
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1.0 INTRODUCTION
This report presents an evaluation of the wildlife, wildlife habitat, and ecological resources
on and within close proximity of a proposed activity envelope located in Section 23 of
Township 8 South, Range 89 West of the 6th Principal Meridian. The proposed activity
envelope is situated on a parcel ofland accessed via North Thompson Creek Road in Jerome
Park southwest of Carbondale, Colorado (PID 2461-231-00-012). The applicants are seeking
approval for an 11 acre activity envelope for construction of a residence, agricultural
building, and driveway. This analysis addresses significant, present wildlife use of the
proposed activity envelope, evaluates potential effects of development on wildlife and other
important ecological resources, and recommends actions to reduce ecological impacts,
This report provides all Wildlife Habitat Area and Vegetation Protection information and all
ecological information regarding River and Stream Corridors required by Pitkin County for
Activity Envelope and Site Plan Approval.
2.0 METHODS
This assessment is based on: (1) A site evaluation on 25 May 2007; (2) A review of current
Colorado Division of Wildlife (CDOW) Natural Diversity Information Source (NDIS)
Species Distribution Data (CDOW 2007a); (3) Canada lynx consultation with John Groves,
CDOW DWM Carbondale; (4) a review of current Colorado Natural Heritage Program
(CNHP) conservation status data (CNHP 2007); (5) The author's prior familiarity of the
ecological communities and conditions of the Jerome Park and the North Thompson Creek
drainage; and (6) the author's experience in recognizing, avoiding, minimizing, and
mitigating potential impacts of development on wildlife and other ecological resources in
Pitkin County.
3.0 SITE DESCRIPTION AND TOPOGRAPHY
The proposed activity envelope is within the Roaring Fork River watershed and the North-
Central Highlands and Rocky Mountain Section of the Southern Rocky Mountains Steppe -
Open Woodland - Coniferous Forest - Alpine Meadow Physiographic Ecoregion (Bailey
1995). The proposed activity envelope is located at North Thompson Creek Road southwest
of Carbondale, Colorado in unincorporated Pitkin County.
An intermittent drainage (Photo 1) that only runs following significant rain events passes
through the subject site (Map 1). Topography of the site is typical of the upper valley floor of
Jerome Park - generally sloping west to east with many small knolls and small hills (Photo
2). The elevation of the proposed activity envelope is between approximately 7,960 and
7,990 feet above mean sea level.
The proposed activity envelope is primarily bounded on the west and east by lands
administered by the White River National Forest (WRNF) and the Bureau of Land
Management (BLM), respectively. On the north and south the subject property is bounded by
lands owned by the Crystal River Ranch Company. There are no structures on the property.
4.0 VEGETATION
The proposed activity envelope is situated at the ecotone of plant commumtIes.
Consequently, the site largely consists of intergrades between adjacent types with dominance
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or co-dominance of Utah juniper, Gambel oak, or Wyoming and/or mountain big sagebrush
(Photo 3). Mountain and Wyoming big sagebrush grows throughout the site. Mountain and
Wyoming big sagebrush grows throughout the site. Dominant plant communities on the
proposed activity envelope include can be described as follows:
1. (Mountain, Wyoming) Big Sagebrush-Utah Serviceberry Shrubland (Photo 4);
2. Utah Juniper / (Mountain, Wyoming) Big Sagebrush Woodland (Photo 5);
3. Gambel Oak I (Mountain, Wyoming) Big Sagebrush Shrubland (Photo 6);
The native plant communities on the proposed activity envelope are largely in good condition
with a few noxious weeds (e.g., plumeless thistle, houndstongue, cheatgrass) but no serious
infestations.
4.1 Significant Sagebrush, Aspen, & Mountain Shrub Dominated Habitat
The proposed activity envelope lies at the western edge of a significant sagebrush plant
community complex that extends east and north across the flatter areas of Jerome Park where
the land was not cleared for grazing. The proposed activity envelope is situated on the
southwest edge of this extensive community.
5.0 WILDLIFE HABITAT AREAS & IMPORTANT ECOLOGICAL RESOURCES
Wildlife habitat is addressed broadly to include locations that are ecologically significant and
where activities or structures would interfere with important wildlife functions and activities
as required by the LUC. The 'important ecological resources' described herein are those
wildlife species and other ecological elements that are of significant ecological, economic,
regulatory, and/or political importance. Other ecological elements may occur on the proposed
activity envelope but are not discussed in this report because they will not be significantly
impacted by development of this nature and/or are not specifically regulated by local, state,
or federal law or code. In addition, mule deer and elk serve as 'umbrella species' (Lambeck
1997; Caro & O'Doherty 1999; Roberge & Angelstam 2004). By meeting the umbrella
species' requirements, the habitat of many other species using the proposed activity envelope
will be adequately supported.
5.1 Rare, Threatened and Endangered Species
There are no federally listed Threatened, Endangered or Candidate plant or animal species
known or suspected to occur on the proposed activity envelope nor is there critical habitat for
any federally listed species occurring on the proposed activity envelope.
Harrington's beardtongue (Penstemon harringtonii) occurs in habitat similar to that found on
the site. This rare penstemon is a narrowly endemic vascular plant with a global range limited
to an 82 by 48 mile area in the Colorado River drainage in northwestern Colorado. It is
known from 74 occurrences in Eagle, Garfield, Grand, Pitkin, Routt, and Summit counties
and is found primarily in dry, sagebrush-dominated communities between 6,400 and 9,400 ft.
elevation (Panjabi & Anderson 2006). A survey I of the site by qualified personnel revealed
that Harrington's beardtongue does not occur within or adjacent to the proposed activity
envelope.
1 Following BLM Standards For Contractor Inventories for Special Status Species.
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5.2 Ungulates2
5.2. 1 Mule Deer & Rocky Mountain Elk
The subject site provides year-round habitat for mule deer (Map 2) and winter range for elk
(Map 3). The easterly facing slopes above the proposed activity envelope is provides elk
summer range and calving habitat. Animal density is greatest in late fall when animals
migrating to other winter range join animals that winter on and around the site and in late
spring as elk and migrating mule deer pass back through the site on their way to their
summer habitat. The nearest active severe winter range is more than 2 lit miles to the east-
northeast and the nearest winter concentration area is approximately 1.29 miles to the east.
Important forage shrubs such as Gambel oak, serviceberry, and sagebrush examined during
the site assessment were found to be moderately browsed (Photo 7). Highly desired species
such as mountain mahogany and antelope bitterbrush were heavily browsed.
Migration Corridors. Migration Patterns. and Staging Areas
There are no mapped (CDOW 2007c, 2007d) or field verified elk or mule deer migration
corridors on or adjacent to the proposed activity envelope.
Production Areas
No mapped (CDOW 2007c) or field verified elk calving habitat (i.e., production area) occurs
on or adjacent to the proposed activity envelope. The nearest confirmed calving habitat
occurs approximately 0.3 miles due west proposed development (Map 3).
5.2.3 Rocky Mountain Bighorn Sheep
There is no mapped (CDOW 2007b) or field verified Rocky Mountain bighorn sheep habitat
on or near the proposed activity envelope. The nearest occupied bighorn sheep habitat is over
5 miles to the west-southwest (CDOW 2007b).
5.3 Raptors
No active peregrine falcon, osprey, golden eagle, or bald eagle nest or roost site is known to
occur within a 0.5 miles of proposed development sites. No other raptor nests were found
during the site assessment or otherwise known to occur within 0.25 miles of the proposed
activity envelope.
5.4 Important Waterfowl and Wading Bird Habitat Areas
There are no important waterfowl and wading bird habitat areas known on or adjacent to the
proposed activity envelope. The wetland complex at the south end of the property provides
nesting and other habitats for a variety of waterfowl and wading birds.
5.5 Black Bears
Black bears are active on and around the proposed activity envelope in the non-winter
months. There is a history of human-bear conflicts in the area.
2 See Appendix A for CDOW definitions of mule deer and elk seasonal habitats.
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5.6 Riparian Habitat
Riparian areas are defined as naturally occurring plant commumtles contiguous to and
affected by surface and subsurface hydrologic features of perennial or intermittent lotic (e.g.,
rivers, streams) and lentic (e.g., lakes, ponds) water bodies. Riparian areas have one or both
of the following characteristics: 1) distinctly different plant species than adjacent areas,
and/or 2) species similar to adjacent areas but exhibiting more vigorous or robust growth
forms. Riparian areas are often transitional between wetland and upland (U.S. Fish and
Wildlife Service 1997). The Pitkin County Land Use Code (the "LUC") protects the riparian
areas and riparian wetlands of naturally occurring perennial and intermittent streams plus the
isolated riparian areas of naturally occurring ponds, lakes, and wetlands (Pitkin County
2006).
No "blue line" perennial streams shown on U.S. Geological Survey (USGS) maps occur on
or adjacent to the site. As described above, the drainage that passes through the proposed
activity envelope is a dry gulch that only contains water during and following significant rain
events (W. Fales, personal communication). Although the drainage is shown on USGS maps,
it is shown as intermittent. No riparian area as defined above occurs on the site nor will any
riparian habitat be affected by the proposed development.
5.7 Isolated Jurisdictional Wetlands and Waters of the U.S.
Wetlands means those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions
(Environmental Laboratory 1987). The LUC protects naturally occurring riparian and
isolated wetlands (Pitkin County 2006).
A formal wetland delineation of the proposed activity envelope has not been conducted.
Based upon a site reconnaissance of the area within the proposed activity envelope for the, it
is unlikely that any naturally occurring jurisdictional wetlands will be affected by the
proposed development.
6.0 SUMMARY & CONCLUSIONS
1. The proposed activity envelope is within field verified mule deer and elk winter range.
2. The proposed activity envelope is located on the edge of a significant sagebrush ecological
community complex.
a. The development of the activity envelope will result in the direct loss of sagebrush
habitat.
3. No active, field verified bighorn sheep, elk, or mule deer severe winter range, winter
concentration areas, migration corridors, or production areas occur on or adjacent to the
proposed activity envelope.
4. No legally protected, sensitive, or economically important wildlife species will be affected
by the project as proposed.
5. No habitat for plant or animal species listed as Threatened or Endangered by the United
States Fish and Wildlife Service will be affected by the proposed actions.
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6. No plant or animal species listed by the State of Colorado as rare, Threatened,
Endangered, or State Special Concern will be affected by the proposed actions.
a. No development is proposed in or within close proximity to waterfowl and wading
bird habitat.
7. No "blue line" perennial stream shown on USGS maps of the area occurs within or
adjacent to the proposed activity envelope.
8. No naturally occurring jurisdictional wetlands or riparian habitat will be affected by the
proposed activity envelope.
7.0 POTENTIAL EFFECTS OF THE PROPOSED PROJECT
Given the above site assessment, it is unlikely that the proposed development will result in
any significant direct or indirect loss of important wildlife habitat or other ecological
resources. The proposed activity envelope will directly impact mule deer, elk, and sagebrush
habitat. Given that this development proposal is mitigated by a greater conservation effort
that will result in the perpetual protection of over 4,000 acres of sagebrush, mountain
shrubland, aspen, and agricultural grassland the effects of the proposed action on wildlife and
wildlife habitat will be relatively insignificant.
8.0 RECOMMENDATIONS To MINIMIZE ECOLOGICAL IMPACTS
The following measures will reduce the impacts of the proposed development on ecological
communities:
1. Native vegetation:
a. Native vegetation will be preserved to the maximum extent possible except
where management is necessary to reduce wildfire hazards.
b. Landscaping will be restricted to the activity envelope (Sec. 7-20-l0(b)).
c. An orange safety fence will be placed around activity envelope during
construction to prevent any unnecessary vegetation disturbance during
construction.
d. The activity envelope and any areas disturbed outside the activity envelope
will be revegetated according to Pitkin County Revegetation Guidelines.
e. Following construction, naturally occurring vegetation will not be disturbed
outside the activity envelope.
f. Any vegetation damaged or removed during construction will be revegetated
using native species (Sec. 7-20-l0(d)(1)).
1. Revegetation will be completed during the first planting season after
construction.
11. The goal of revegetation will be to restore the site with similar density
and height of the vegetation damaged or removed.
Ill. The revegetation effort will be completed within two years following
conclusion of construction.
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2. Dog restrictions (applies only to dogs associated with the residence not to working
ranch dogs):
a. Dogs will be restricted to a fenced enclosure (i.e., kennel) within the residence
activity envelope.
b. Dogs will be leashed at all times when outside of the activity envelope.
c. Dogs of guests will be required to comply with these restrictions.
d. Contractors will be prohibited from bringing their dogs on site during
construction even if kept within their vehicles.
3. Black Bears:
a. All refuse containers will meet or exceed the Wildlife Proof Refuse
Container/Dumpster Enclosure Standards described in Pitkin County
Ordinance # 010-2001 and the 2004 amendment to that ordinance.
b. No fruit-bearing trees and shrubs will be included in landscaping.
c. Pets will not be fed outside.
d. Wherever possible, lever style door handles will be avoided on the exterior of
the house.
e. Bird feeders will be avoided from April through November.
f. Composting will be restricted to yard waste (e.g., leaves and grass clippings).
Food waste will be prohibited within compost.
4. Fence restrictions within the activity envelope:
a. Fences not necessary for the retention oflivestock should be kept to a
mInImum.
b. Any fences deemed necessary (excluding dog kennels or runs) within
residential lots will meet or exceed Pitkin County and CD OW wildlife
standards:
1. Wood rail fencing will employ three rails or less, be the round or split rail
type, shall not exceed 52 inches in height above mean ground level and 2
inches in width (top view), and shall have at least 18 inches between two
of the rails.
c. Wire fences should consist of smooth wire with a maximum height of 42
inches above mean ground level. The middle wire should be 30 inches above
mean ground level, providing an 18 inch kick-space below the top strand. The
bottom strand should be 18 inches above mean ground level to facilitate
movement of fawns and elk calves as well as other wildlife.
5. Noxious weeds will be managed by means of an Integrated Weed Management
strategy according to the 2006 Revised Pitkin County Weed Management Plan (Sec.
7-20-1 O( d)(3)).
6. Residents will be provided with educational material pertaining to local wildlife (e.g.,
CDOW brochures entitled "Living with Wildlife in Bear Country" and "Developing
with Wildlife in Mind").
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9.0 Qualifications of the Preparer
Colorado Wildlife Science, LLC is a small ecological consulting firm based in Basalt,
Colorado specializing in wildlife and ecological assessments, baseline inventories, ecological
planning, wildlife research and monitoring, habitat management, wetlands and riparian
evaluation, and ecological restoration.
Owner and Principal Ecologist JonathaI?- Lowsky, M.S. Wildlife Biology, Colorado State
University, has a broad range of knowledge. With more than 15 years of professional
experience with federal, state, and county agencies as well as two major universities
Jonathan's career has focused on a diverse array of wildlife from bighorn sheep, elk, and
songbirds to northern goshawks, flying squirrels and spotted bats. Mr. Lowsky's experience
includes biological assessments and evaluations for NEP A compliance, conservation
planning, GIS mapping and modeling, wildlife research, and ecological monitoring design
and implementation, as well as wetland and riparian delineations, evaluations, and
restoration. He has authored numerous management plans and conservation easement
baseline inventory reports and published scientific papers. An expert birder, certified
wetlands delineator, and passionate observer of wildlife, Jonathan has spent countless hours
studying and appreciating Colorado's diverse ecological communities.
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10.0 Literature Cited
Bailey, R. G. 1995. Description of the ecoregions of the United States. U.S. Dept. of
Agriculture, Forest Service, Washington, DC.
Caro, T. M., and G. O'Doherty. 1999. On the Use of Surrogate Species in Conservation
Biology. 13:805.
CDOW. 2007a. Colorado Species Distribution Digital Data. Available online at
htto://ndis.nrel.colostate.edu/. Natural Diversity Information Source, Colorado
Division of Wildlife, Fort Collins, CO.
CDOW. 2007b. Colorado Species Distribution Maps - Bighorn Sheep. Available online at
httD://ndis.nrel.colostate.edu/fto/data/sam/bighorn.zip. Natural Diversity Information
Source, Colorado Division of Wildlife, Fort Collins, CO.
CDOW. 2007c. Colorado Species Distribution Maps - Elk. Available online at
htto://ndis.nrel.colostate.edu/fto/data/sam/elk.zip Natural Diversity Information
Source, Colorado Division of Wildlife, Fort Collins, CO.
CDOW. 2007d. Colorado Species Distribution Maps - Mule Deer. Available online at
httD://ndis.nrcl.colostate.edu/ftp/data/sam/mule _deer.zi p. Natural Diversity
Information Source, Colorado Division of Wildlife, Fort Collins, CO.
CDOW. 2007e. Colorado Species Distribution Maps Metadata - Elk. Available online at
httD ://ndis.nrel.colostate. edu/ftp/ datal sam/metal elk.html. Natural Diversity
Information Source, Colorado Division of Wildlife, Fort Collins, CO.
CDOW. 2007f. Colorado Species Distribution Maps Metatdata - Mule Deer. Available online
at htto:/ /ndis.nrel.colostate.edu/fto/datalsam/metalmule _deer.html. Natural Diversity
Information Source, Colorado Division of Wildlife, Fort Collins, CO.
CNHP. 2007. Statewide List of Tracked Species and Communities. Online database available
at htto://www.cnho.colostate.edu/list.html. Colorado Natural Heritage Program, Fort
Collins, CO.
Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual,
Technical Report Y-87-1. U.S. Army Engineer Waterways Experiment Station,
Vicksburg, MS.
Lambeck, R. J. 1997. Focal Species: A Multi-Species Umbrella for Nature Conservation.
Conservation Biology 11:849.
Panjabi, S. S., and D. G. Anderson. 2006. Penstemon harringtonii Penland (Harrington's
beardtongue): a technical conservation assessment [Online]. USDA Forest Service,
Rocky Mountain Region. Available:
httD:/ /www.fs.fed.us/r2/oroi ects/ sco/ assessments/oenstemonharringtonii. pdf Fort
Collins, CO.
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Pitkin County. 2006. Pitkin County Code (July 2006). Title 8, Chapter 7, Section 7-20-80.
Pitkin County, Aspen, Colorado.
Roberge, J. M., and P. Angelstam. 2004. Usefulness of the Umbrella Species Concept as a
Conservation Tool. Conservation Biology 18:76-85.
U.S. Fish and Wildlife Service. 1997. A system for mapping riparian areas in the western
United States. 15, Washington, D.C.
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ECOLOGICAL ASSESSMENT OF RESIDENTIAL
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ECOLOGICAL ASSESSMENT OF RESIDENTIAL
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Photo 1. Dry drainage
Photo 2. Site topography
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Photo 3. The activity envelope is situated at the intergrade of the major plant communities.
Photo 4. (Mountain, Wyoming) Big Sagebrush-Utah SerViceberry Shrubland
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Photo 5. Utah Juniper I (Mountain, Wyoming) Big Sagebrush Woodland
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Photo 6. Gambel Oak I (Mountain, Wyoming) Big Sagebrush Shrubland
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Photo 7. Moderately browsed Utah serviceberry at the activity envelope
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APPENDIX A: CDOW NDIS ungulate seasonal activity area definitions (CDOW 2007e,
2007t).
ROCKY MOUNTAIN ELK
HIGHWAY CROSSING: Those areas where elk movements traditionally cross roads, presenting potential conflicts between
elk and motorists.
MIGRATION CORRIDORS: A specific mappable site through which large numbers of animals migrate and loss of which
would change migration routes.
OVERALL RANGE: The area which encompasses all known seasonal activity areas within the observed range of an elk
population.
PRODUCTION AREA: That part of the overall range of elk occupied by the females from May 15 to June 15 for calving.
(Only known areas are mapped and this does not include all production areas for the DAU).
RESIDENT POPULATION: An area used year-round by a population of elk. Individuals could be found in any part of the
area at any time of the year; the area cannot be subdivided into seasonal ranges. It is most likely included within the overall
range of the larger population.
SEVERE WINTER: That part of the range of a species where 90 percent of the individuals are located when the annual
snowpack is at its maximum andlor temperatures are at a minimum in the two worst winters out of ten. The winter of 1983-
84 is a good example of a severe winter.
SUMMER CONCENTRATION: Those areas where elk concentrate from mid-June through mid-August High quality forage,
security, and lack of disturbance are characteristics of these areas to meet the high energy demands of lactation, calf
rearing, antler growth, and general preparation for the rigors of fall and winter.
SUMMER RANGE: That part of the range of a species where 90% of the individuals are located between spring green-up
and the first heavy snowfall, or during a site specific period of summer as defined for each DAU. Summer range is not
necessarily exclusive of winter range; in some areas winter range and summer range may overlap.
WINTER CONCENTRATION: That part of the winter range of a species where densities are at least 200% greater than the
surrounding winter range density during the same period used to define winter range in the average five winters out of ten.
WINTER RANGE: That part of the overall range of a species where 90 percent of the individuals are located during the
average five winters out of ten from the first heavy snowfall to spring green-up, or during a site specific period of winter as
defined for each DAU.
MULE DEER
CONCENTRATION AREA: That part of the overall range where higher quality habitat supports significantly higher densities
than surrounding areas. These areas are typically occupied year round and are not necessarily associated with a specific
season. Includes rough break country, riparian areas, small drainages, and large areas of irrigated cropland.
HIGHWAY CROSSING: Those areas where mule deer movements traditionally cross roads, presenting potential conflicts
between mule deer and motorists.
MIGRATION CORRIDORS: A specific mappable site through which large numbers of animals migrate and loss of which
would change migration routes.
OVERALL RANGE: The area which encompasses all known seasonal activity areas within the observed range of a mule
deer population.
RESIDENT POPULATION: An area that provides year-round range for a population of mule deer. The resident mule deer
use all of the area all year; it cannot be subdivided into seasonal ranges although it may be included within the overall range
of the larger population.
SEVERE WINTER: That part of the overall range where 90% of the individuals are located when the annual snowpack is at
its maximum andlor temperatures are at a minimum in the two worst winters out of ten.
SUMMER RANGE: That part of the overall range where 90% of the individuals are located between spring green-up and the
first heavy snowfall. Summer range is not necessarily exclusive of winter range; in some areas winter range and summer
range may overlap.
WINTER CONCENTRATION: That part of the winter range where densities are at least 200% greater than the surrounding
winter range density during the same period used to define winter range in the average five winters out of ten.
WINTER RANGE: That part of the overall range where 90 percent of the individuals are located during the average five
winters out of ten from the first heavy snowfall to spring green-up, or during a site specific period of winter as defined for
each DAU.
Wildlife & Ecological Assessment
North Thompson Four Mile Mineral and Land Corp
.. 000032
p.2:i:
B 1004-268
· 000038'
fu!vyers Jde
Insurance @rPfl~'!!lq,!!
AL T A Commitment For Title Insurance
American Land Title Association
(1966)
AUTHORIZED AGENT:
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE. 3RDFLOOR
ASPEN, COLORADO 81611
970-925-1766-PHONE
970-925-6527-F;LX
877-217-3158- TOLL FREE
E-MAIL ADDRESS:
TITLE MATTERS:
Vince Higens-vince@sopris.net
Tom Twitchell-tomt@sopris.net
Brandi Jepson-brandi@sopris.net
(Closing & Title Assistance)
CLOSING MATTERS:
TJ Davis-tj d@sopris.net
Joy Higens-j oy@sopris.net
Issued By
~yeISptle Insurance@IR,Q!!!t!Qn
Home Office:
101 Gateway Centre Parkway, Gateway One
Richmond, Virginia 23235-5153
1-800-446-7086
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: March 23, 20.07 at 8:00 AM
Case No, PCT12059C8
2. Policy or Policies to be issued:
(a) AL TA Owner's Policy-Form 1992 Amount$ 6,924,412.00
Premium$ 5,442.00
Proposed Insured: Rate: Non-Profit
BOARD OF COUNTY COMMISSIONER OF PITKIN COUNTY, COLORADO A and BODY CORPORATE
AND POLITIC
(b) AL TA Loan Policy-Form 1992
Proposed Insured:
Amount$ 0.00
Premium$ 0.00
Rate:
(c) ALTA Loan Policy-Form 1992
Proposed Insured:
Amount$
Premium$
Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
NORTH THOMPSON FOUR MILE MINERAL AND LAND CORPORATION
4. The land referred to in this Commitment is situated in the County of State of COLORADO and is described
as follows:
See Attached Exhibit "A"
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, ASPEN, CO. 81611
970-925-1766 Phone/970-925-6527 Fax
877-217-3158 Toll Free
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
AUTHORIZED AGENT
Countersigned:
~
000039
EXHIBIT "A"
LEGAL DESCRIPTION
SURFACE RIGHTS ONLY IN AND TO THE FOllOWING DESCRIBED REAL PROPERTY:
TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6TH P.M.
SECTION 14:
W1/2 NW1/4; E1/2 NE1/4; SW1/4; SE1/4
SECTION 15:
NE1/4; N1/2 NW1/4; SE1/4
SECTION 16:
NE 1/4 NE1/4
SECTION 22:
E1/2
SECTION 23:
All
SECTION 25:
W1/2 SW1/4
SECTION 26:
W1/2; SE1/4; NW1/4 NE1/4
SECTION 27:
E1/2
SECTION 34:
NE1/4; E1/2 NW1/4
SECTION 35:
NW1/4; W1/2 NE1/4
COUNTY OF PITKIN, STATE OF COLORADO
TOWNSHIP 8 SOUTH, RANGE 89 WEST OF THE 6TH P.M.
SECTION 3:
lOT 4; S1/2 NW1/4; W1/2 SE1/4; E1/2 SW1/4; SW1/4 SW1/4
SECTION 4:
lOT 1; SE1/4 NE1/4
SECTION 9:
N1/2 NE1/4; SW1/4NE1/4; SE1/4 NW1/4
SECTION 10:
SE1/4; W1/2 NE1/4; E1/2 W1/2, SW1/4 SW1/4
SECTION 11:
S1/2 SW1/4
TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH P.M.
C:I=r'Tlnl\l ':l.':l.'
.. OOOO~O
S1/2 SE1/4
SECTION 34:
SW1/4 SW1/4;
ALL THAT PART OF THE E1/2 SW1/4 AND THE W1/2 SE1/4 OF SECTION 34,
TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH P.M. LYING SOUTHERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE WEST LINE OF THE SE1/4 SW1/4 OF SAID SECTION
34 WHENCE THE NORtH QUARTER CORNER OF SAID SECTION 34 BEARS N 16004' E
4589.52 FEET;
THENCE S 89041' E 508.13 FEET;
THENCE S 56019' E 170.63 FEET;
THENCE S 53048' E 109.88 FEET;
THENCE N 60025' E 130.84 FEET;
THENCE N 32026' E 245.12 FEET;
THENCE N 26004' E 384.42 FEET TO A POINT IN THE CENTER OF A GULCH;
THENCE N 89032' E 533.82 FEET;
THENCE N 26059' E 162.40 FEET;
THENCE N 03015' E 392.60 FEET;
THENCE N 08006' W 387.66 FEET;
THENCE N 58005' E 84.60 FEET;
THENCE N 66024' E 412.78 FEET;
THENCE N 75033' E 488.02 FEET TO A POINT ON THE EAST LINE OF THE W1/2
SE1/4 OF SECTION 34.
TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH P.M.:
SECTION 5:
THE WEST TWENTY-ONE (21) ACRES OF LOT 4,
SECTION 6:
LOTS 1,2 AND 3,
COUNTY OF GARFIELD, STATE OF COLORADO.
· '. 000041
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to-wit:
1. Deed from: NORTH THOMPSON FOUR MILE MINERAL AND LAND CORPORATION
To : BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO A
BODY CORPORATE AND POLITIC
· 000042
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by
the authority of the United States as reserved in United States Patents recorded June 25, 1888 in Book 55
at Page 3, November 12,1888 in Book 11 at Pages 170,177,181,182,184,185,186,187 and 214,
August 17, 1893 in Book 55 at Page 41, January 20, 1896 in Book 55 at Page 62 December 14,1900 in
Book 55 at Page 98, February 15,1921 in Book 55 at Pages 247,248,249,250,251,252,253,254,255,
256, March 26, 1923 in Book 55 at Page 270 (PITKIN COUNTY) November 8,1888 in Book 12 at Pages
3,4,5, December 31,1989 in Book 12 at Page 35, November 14,1890 in Book 12 at Page 66, December
3, 1891 in Book 12 at Page 81, April 11 , 1903 in Book 73 at Page 156, March 4, 1920 in Book 73 at Page
92, June 19,1937 in Book 73 at Page 199, March 17, 1948 in Book 234 at Page 560, March 22, 1955 in
Book 282 at Page 570, September 14, 1959 in Book 320 at Page 193 (GARFIELD COUNTY),
8. All oil, gas, coal and other minerals lying in, upon, and under the subject property, together with sufficient
rights in the surface to explore for, mine, extract, and remove any and all of the aforesaid minerals, and
the right to lay all necessary pipelines and to construct buildings and storage tanks and other facilities on
such surface for said purposes and with all necessary right of ingress and egress, as reserved in Quit
Claim Deeds recorded September 21,1950 in Book 175 at Page 423, Book 175 at Page 430 (PITKIN
COUNTY), Quit Claim Deeds recorded September 28, 1950 in Book 254 at Page 149, and Book 254 at
Page 176 (GARFIELD COUNTY).
9. Terms, conditions, provisions and obligations as set forth in Quit Claim Deed recorded March 21, 1958 in
Book 183 at Page 366.
10. Easements and rights of way granted to Rocky Mountain Natural Gas in instrument recorded October 19,
1961 in Book 337 at Page 230, August 30, 1962 in Book 343 at Page 579 (GARFIELD COUNTY).
11. Reservation of a right to develop a spring and to install a sump, pipeline and other facilities as described in
Deed recorded June 10, 1965 in Book 366 at Page 478 (GARFIELD COUNTY).
12. Easement and right of way for Trail as set forth in Trail Easement recorded October 15, 1986 in Book 520
at Page 757, September 5, 1991 in Book 656 at Page 52 (PITKIN COUNTY) and Trail Easement recorded
September 18, 1991 in Book 813 at Page 732. (GARFIELD COUNTY).
(Continued)
.' 000043
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
13. Easement and right of way granted to Public Service Company of Colorado in instrument recorded April 29,
1997 in Book 1016 at Page 832 (GARFIELD COUNTY) and June 2,1997 as Reception No. 404981 (PITKIN
COUNTY).
14. Terms, conditions, provisions and obligations as set forth in Option Agreement recorded November 9, 1998 as
Reception No. 42,4346 (PITKIN COUNTY) and December 2, 1998 in Book 1101 at Page 379 (GARFIELD
COUNTY).
15. Terms, conditions, provisions and obligations as set forth in Grant of Easement and Amendment of Well
Ownership and Maintenance Agreement recorded January 28, 1999 in Book 1111 at Page 983. (GARFIELD
COUNTY)
16. Terms, conditions, provisions and obligations as set forth in Agreement and Easements recorded August 20,
1999 in Book 1146 at Page 465 and September 27, 1999 in Book 1152 at Page 369. (GARFIELD COUNTY)
17. Terms, conditions, provisions and obligations as set forth in lease Agreement recorded October 2,2001 in
Book 1291 at Page 229. (GARFIELD COUNTY)
· . 00004~
ENDORSEMENT SCHEDULE FOR OWNERS POLICY
ATTACHED TO AND BECOMING A PART OF CASE NO: PCT12059C8
SELLER:
NORTH THOMPSON FOUR MILE MINERAL AND LAND CORPORATION
BUYER:
BOARD OF COUNTY COMMISSIONER OF PITKIN COUNTY, COLORADO A and BODY CORPORATE AND POLITIC
The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above:
ENDORSEMENTS:
For a fee of: $
For a fee of: $
For a fee of: $
For a fee of: $
For a fee of: $
Exceptions Numbered 1, 2, 3 and 4 will be deleted from the final Title Policy, upon compliance with the requirements set
forth below.
Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this
commitment.
THE FEE FOR DELETING EXCEPTIONS 1 THRU 4 OR ANY PREPRINTED EXCEPTION IS: $50.00
Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence
satisfactory that the Taxes for the prior year(s) have been paid.
NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens
liens, executed by the seller and any additional parties deemed necessary by the Company. The company
hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts
regarding development, construction or other building or work are disclosed to the company that may fall within any lien
period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such
coverage.
NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by
the Company for Deletion of Printed Exception NO.3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS)
.
000045
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND
MORTGAGE POLICY TO BE ISSUED HEREUNDER)
Pursuant to Insurance Regulation 89-2
NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a
single family residence (including a condominium or townhouse unit) (i) of that title entity's general
requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or
material mens liens, except when said coverage or insurance is extended to the insured under the terms of
the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics'
and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must
be furnished to the Company. Upon receipt of these items and any others requirements to be specified by
the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when
issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide
mechanics or material mens lien coverage.
NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for
the recording or filing of legal documents from said transaction, the Company will be deemed to have
provided "Gap Coverage".
Pursuant to Senate Bill 91-14 (CRS 10-11-122)
(a) The Subject Real Property may be located in a Special Taxing District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the
County Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of such districts may be obtained from the
Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer by the
Company and the costs thereof charged to the proposed insured unless written instruction to the contrary
are received by the company prior to the issuance of the Title Policy anticipated by this Commitment.
Pursuant to House Bill 01-1088 (CRS 10-11-123)
If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or
leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise:
(a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from
the surface estate and that there is a substantial likelihood that a third party holds some or all interest in
oil, gas, other minerals or geothermal energy in the property and
(b) That such mineral estate may include the right to enter and use the property without the surface owners'
permission.
NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either
the Insured or the Company. Upon request, the Company will provide a copy of this clause and the
accompanying arbitration rules prior to the closing of the transaction.
., 000046
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, THIRD FLOOR
ASPEN, CO 81611
970-925-1766/970-925-6527 FAX
TOLL FREE 877-217-3158
WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE
ARE AS FOLLOWS:
ALPINE BANK-ASPEN
600 E. HOPKINS AVE.
ASPEN, CO. 81611
ABA ROUTING NO.1 021 03407
FOR CREDIT TO:
PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT
ACCOUNT NO. 2020065129
REFERENCE:PCT12059C8/BOARD OF COUNTY COMMISSIONER OF PITKIN COUNTY,
COLORADO A and BODY CORPORATE AND POLITIC
..000047
A LANDAMERICA
Dear LandAmerica Customer:
The Financial Services Modernization Act recently enacted by Congress has brought many changes
to the financial services industry, which includes insurance companies and their agents. One of the
changes is that we are now required to explain to our customers the ways in which we collect and
use customer information.
The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family
of companies. The three largest members of the family - Commonwealth Land Title Insurance Company,
Lawyers Title Insurance Corporation, and Transnation Title Insurance Company - may issue policies and
handle real estate closings in virtually every part of the country. A number of other companies in the family
provide other real estate services, and some operate more locally. You may review a list of LandAmerica
companies on our website (www.landam.com). You may also visit our web site for an explanation of our privacy
practices relating to electronic communication.
Our concern with the protection of your information has been a part of our business since 1876,
when the company that is now Commonwealth Land Title Insurance Company issued its first policy.
We will continue to protect the privacy, accuracy, and security of customer information given to us.
No response to this notice is required, but if you have questions, please write to us:
LandAmerica Privacy
P.O. Box 27567
Richmond, VA 23261-7567.
LandAmerica Companies
Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New
Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title Insurance Corporation, Title
Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York
Relocation and Mortgages: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing, Inc.
Title Agents: Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Brighton Title
Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency; Charter Title Company of
Fort Bend, Galveston, and Sugarland; Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title
Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title, Cumberland
Title Company, First Title & Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company; Lawyers Title of
Arizona, EI Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract, Longworth Insured,
Louisville Title Agency of Central Ohio, Lorain County Title Company, Mil Title Agency, NIAI Lawyers Title Agency, Oregon Title, Park
Title, Partners Title Company, Pikes Peak Title Services, RE/Affirm Title Agency, Rainier Title Company, Residential Abstract,
Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Title Agency, Transnation
Title & Escrow, Union Title Agency, University Title Services, Wilson Title Company
ApDraisals and Ancillary Services: LandAmerica OneStop, Inc.
Form 3391-6 (May 2001)
00004S
LANOAMERICA PRIVACY POLICY
What kinds of information we collect. Most of LandAmerica's business is title insurance, but there
are companies in our family that provide other real estate services to consumers. We collect
information about you, (for instance, your name, address, telephone number), and information about
your transaction, including the identity of the real property that you are buying or financing. We obtain
a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this
information from you or from the lender, attorney, or real estate broker that you have chosen. Our
title insurance companies then obtain information from the public records about the property so that
we can prepare a title insurance policy. When we provide closing, escrow, or settlement services,
mortgage lending, or mortgage loan servicing, we may get your social security number, and we may
receive additional information from third parties including appraisals, credit reports, land surveys,
escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you
are concerned about the information we have collected, please write to us.
How we use this information. The company giving or specifically adopting this notice does not
share your information with marketers outside its own family. There's no need to tell us to keep your
information to ourselves because we share your information only to provide the service requested by
you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without
your approval. We may share internally and with nonaffiliated third parties in order to carry out and
service your transaction, to protect against fraud or unauthorized transactions, for institutional risk
control, and to provide information to government and law enforcement agencies. Companies within
a family may share certain information among themselves in order to identify and market their own
products that they think may be useful to you. Credit information about you is shared only to
facilitate your transaction or for some other purpose permitted by law.
How we protect your information. We restrict access to non public personal information about you
to those employees who need the information to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with law to guard your non public
personal information. We reinforce the company's privacy policy with our employees.
Agents that may be covered by this policy. Often, your transaction goes through a title insurance
agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are
not part of the LandAmerica family may specifically, in writing, adopt our policy statement.
Form 3391-6 (May 2001)
~ 000049
Pitkin County Title, Inc.
Privacy Policy
We collect non public information about you from the following sources:
· Information we receive from you, such as your name, address, telephone
number, or social security number;
· Information about your transactions with us, our affiliates, or others. We
receive this information from your lender, attorney, real estate broker, etc.; and
Information from public records
We do not disclose any non public personal information about our customers or former
customers to anyone, except as permitted by law.
We restrict access to non public personal information about you to those employees
who need to know that information to provide the products or services requested by
you or your lender.
We maintain physical, electronic, and procedural safeguards that company with
appropriate federal and state regulations.
.',' 000 () 50
ISSUED BY
~wyers 'Jitle Insurance (Qrpl2m!\2!l
COMMITMENT FOR TITLE INSURANCE
LAWYERS Title Insurance CORPORATION, a Virginia corporation, herein called the company, for valuable consideration, hereby
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in
Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon
payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and
Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed
for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent
endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder
shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue,
whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. This Commitment shall
not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto
affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or agent of the
Company.
-lit/Jut
Attest: / I C/' . Secretary
;' /
I .'
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LAWYERS TITLE INSURANCE CORPORATION
By ~w (1. art P~''''"t
Conditions and Stipulations
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,
and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such
knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule
B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant
to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under
the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in under
taking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to
acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed
the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and
Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the
proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly
modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the
status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on
and are subject to the provisions of this Commitment.
AL T A Commitment - 1966
Cover Page
Form 1004-268
ORIGINAL
.. 000051
JEROME PARK DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this
- day of , 2007 by and between the Board of County
Commissioners ("Board") of Pitkin County, Colorado ("County"), and the North
Thompson Four Mile Mineral and Land Corporation ("Owners").
NOW THEREFORE, the Owners publish and declare this Agreement for the Activity
Envelope approval described in the Pitkin County Ordinance #07- and
recorded at Reception Number of the County as follows:
The parties agree that the development rights and entitlements for an Activity Envelope
for a single family home on a 35+ acre parcel, an Activity Envelope on the remainder
parcel for agricultural facilities, and an Activity Envelope for access and utilities to both
parcels shall be vested for a period of thirty (30) years from the date of the Activity
Envelope Approval on July 25, 2007 and shall expire on July 25, 2037.
IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon
the date of Development Agreement #07 - approval, recorded at
Reception Number
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
ATTEST:
By:
Clerk to the Board
Chairman
Date:
NORTH THOMPSON MINERAL AND LAND
cORPORATION,INC.
By:
Date:
STATE OF COLORADO )
) ss
COUNTY OF Garfield County )
Subscribed and sworn to before me by
an authorized representative of
, Owner of the Development, this
· 000052
.... 000053
day of
WITNESS my hand and official seal.
My commission expires:
, 200_.
Notary Public
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II> .. N. THOMPSON 4-MILE MINERAL & LAND .HIGH CQUNTRYENGINEERING,INC. r",," IINo.l DATE REVISION i BY I CAlL llTTUTY NOTlFlCATlON
0 ;0 PITKIN COUNTY, COLORADO CENTER OF COLORADO
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June 14,2007
Pitkin County Community Development Dept.
130 S. Galena Street
Aspen, Colorado 81611
I hereby authorize Doug Pratte and/or Julie Pratte of The Land Studio
to represent the North Thompson Four Mile Mineral and Land
Corporation with respect to the Activity Envelope request being
submitted to your office. Doug and/or Julie are also authorized to
represent the North Thompson Four Mile Mineral and Land
Corporation in meetings with Pitkin County Staff, the Pitkin County
Planning Commission and the Pitkin County Board of County
Commissioners.
Should you have any need to contact me during the course of your
review of this application, please do so through The Land Studio.
Sincerely,
U/~.//~
~ -
Bill Fales
North Thompson Four Mile Mineral and Land Corporation
· 000057
ROCKY MOUNTAIN ECOLOGICAL SERVICES. INC.
NEPA -- WILDLIFE" VEGETATION-- WILDFIRE MITIGATION-- WETLANDS-- PLANNING
June 11,2007
The Land Studio
P.O. Box 107
Basalt CO, 81621
RE: Jerome Park- Wildfire Hazard Review
Dear Mr. and Mrs. Pratte
Please submit this letter with your application to Pitkin County.
I visited the two activity envelope areas within the Jerome Park property area in Pitkin
County, on June 4,2007 with Doug and Julie Pratt of the Land Studio, the owner's
representatives. The Land Studio is preparing a hazard assessment for establishment of
a homesite and agricultural-based buildings (barn and other associated outbuildings).
The proposed building envelope sites for both Lot 1 and Lot 2 are considered "Moderate
Hazard". The topography around the sites is on a sloping side hill, and is on a
southeastern aspect with an average slope of approximately 10%. The proposed sites
are situated in sagebrush meadows with intermittent Gambel's oak tree clumps and
aspen stands. The fuels are continuous (trees and shrubs). Although the site is
considered "Moderate", the flammability of the fuels can be high during many different
fuel moisture conditions, and can generate high fire intensities. Fuels within the greater
area around the building sites are also very continuous. Therefore, the following
Mitigations are recommended for any new construction:
I. Defensible Space
As during construction most of the vegetation within at least 30' of the structure will likely be
removed, re-planting of vegetation or
remaining vegetation must adhere to the
following:
1. Brush and non-ornamental
vegetation shall be removed, or not
replanted within a minimum ten-
foot (10') perimeter around all
structures.
2. Spacing between clumps of
sagebrush up to the thirty (30') foot
perimeters shall be a minimum of 3
times the height of the fuel.
Maximum diameter of the clumps
shall be a maximum of 3 times the
height of sagebrush (approximately
0222 BOBCAT LANE. REDSTONE. COLORADO. 81623
PHONE/FAX: (970) 963-2190 . CELL: (970) 309-4454
EMAIL: ERIC.PETTERSON@STARBAND.NET
.
000033
Jerome Park- Wilrfire Ha!?flrd Reriew
Tune 11. 2007
8 feet). Approximately 80% of the foliar cover of sagebrush must be removed
within the 30' perimeter of the structures.
3. Beyond 30', sagebrush must be thinned out to a 50' perimeter. Thinning should
Occur in clumps, rather than by thinning individual plants. Within the 30' to 50'
buffer, a minimum of approximately 60% of the total foliar cover of sagebrush
must be removed- again, clumping is preferred. Clumps, however, must not
exceed greater than approximately 12' in diameter. In between clumps, intrusion
by other shrubby species (such as snowberry, rabbitbrush, rose, etc) must be
annually maintained to keep shrubby fuels patchy. Only grasses and forbs are
allowed in between clumps. Within the 30' perimeter, grasses and forbs must be
mowed to a height less than 6 inches during the summer and fall months.
4. Gambel's oak with a 30' perimeter around structures shall be limited to 3 clumps,
no larger than approximately 15' in diameter. Gambel's oak within these clumps
shall be limbed of all dead branches and limbed up to 10'. No other shrubs
(sagebruSh, rabbitbrush, snowberry, etc.) are allowed within 10' of these Gambel's
oak clumps.
5. From 30' to 50' perimeter around structures, Gambel's oak shall be limited to 5
clumps, no larger than approximately 15' in diameter. Gambel's oak within these
clumps shall be limbed of all dead branches and limbed up to 10'. No other
shrubs (sagebrush, rabbitbrush, snowberry, etc.) are allowed within 10' of these
Gambel's oak clumps.
6. Any aspen trees are exempt from the above vegetation restrictions. This means
that some clumps of shrubby vegetation (sagebrush and Gambel's oak) may
remain, but must be clumped to the above specifications. Any aspen trees may
remain, but shall be thinned to the extent that at least 15' between tree trunks
exist in order to allow for firefighter movement around structures within a 50'
perimeter around structures
7. Flammable mulches (wood Chips) are not allowed within 2' of the house. Aspen
trees are allowed near the house, as long as they are not within 10' of the
structure, and are kept limbed to 10' (unless the trees are less than 10' tall). No
trees/shrubs of any species may be within 15' of any window.
8. Up to 3 evergreen trees are
allowed within 30' of the
structures but should be limbed
to 10', and not have any
flammable fuels (shrubs, etc.)
underneath these trees. Trees
may not be within 15' of any
window, and trees within 30'
should be spaced by at least
20' feet, unless in tight clumps
consisting no more than 3
trees, which must be separated
by at least 30' to the next clump
or individual tree or clump of
i':!!CJ<Y MOUNTAm EcOLOGICAL SERV'CES, INC
~ 000034
Lot 2 (Northern lot)
2
Jerome Park- Wif4lire Hasyrd Re,;iew
Gambel's oak or sagebrush clump.
9. All branches that extend over the roof eaves shall be trimmed back and all
branches within 15' of chimneys shall be removed.
10. All deadfall up to a 100' perimeter (or to property boundaries) shall be removed.
11. The property owner shall be responsible for the continued maintenance of the
defensible space vegetation requirements. After completion of thinning standards,
the site shall be reviewed by Carbondale and Rural Fire Protection District
personnel for compliance, as well as possible incorporation of additional thinning
needs.
Iune 1 r 2007.
II. Access
1. No shrubs are allowed within
10' of the driveway, and
Gambel's oak must be removed
within 15' of driveways. Aspen
are permitted within 10' of the
driveway, but must be pruned
to 6' above the ground.
2. Low vegetation (grasses, forbs
and low shrubs) shall be kept
mowed to less than 6" within
10' of either side of the
driveway.
3. Due to the length of the
driveway/access road, a turn-
around pad of at least 30' in
diameter is recommended
approximately }2 the distance from the County Road to the structures.
<-L-" ...., ~
Access routes pass through taller fuels.
III. Water SUPply for Fire Safety
1. Any fire department recommendation for individual structure water supply and
storage shall be accessible to fire department vehicles from the exterior of the
structure through a fire department approved mechanism (such as a fire hydrant).
The amount of storage capacity shall be determined by the fire protection district
with a minimum of one thousand (1,000) gallon storage capacity per structure.
2. All structures greater than 5,000 square feet in size shall be required to install in-
house sprinkler systems that meet the standards of the local fire protection district
and the IBC. At building permit submittal, the local fire protection district may
require smaller structures to be sprinkled due to hazard considerations,
emergency access difficulties and lack of proximity to fire protection services.
I':!!.KY MOUNTAIN EcoLOGICAL SERVICES, INC
3
000035'
Iemme Park- Wilrjfire Hazard Retiew
June 11. 2007
IV. Roofing Materials, Roofing Vents and Projections at and Below Roof Line
a) General Roofing Standards
a. Roofs with less than a 3: 12 pitch are only allowed as long as they comply
with the following:
i. Class A covering or Class A assembly as defined by the currently
adopted building code.
ii. All mof coverings shall have a surface that shall facilitate the
natural process of clearing roof debris.
iii. Protrusions above the roofline, such as parapets, shall be
prohibited.
b. Roofs shall be installed as required by the adopted Building Code and
shall have a minimum roof pitch of 1 :48.
c. All roof designs, coverings, or equivalent assemblies shall be specifically
approved by the Fire Marshall prior to submittal of a building permit
application.
b) Roofing Materials within Moderate Hazard Areas
a. Any new roofs shall be constructed with a minimum of a Class-A roof
covering or Class A assembly (see IBC Section 1505.2).
b. No wood shakes or shingles.
c) Roof Venting within Moderate Hazard Areas
a. Soffit venting shall be located in the outer 1/3rd portion of the overhand.
b. Attic, soffit and other roof venting shall be of non-corrosive metal mesh
with maximum 1/4" openings.
d) Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs,
Fascias, or Other within Moderate Hazard Areas
a. Sheath with non-combustible materials, or
b. Combustible materials underlain with 5/8" Type X gypboard or equal, or
c. Minimum 4x6 rafters with 2x T&G decking
V. Maintenance and Miscellaneous Requirements
a. Roofs and gutters shall be kept clear of debris.
b. Yards shall be kept clear of all litter, slash and flammable debris.
c. All flammable materials shall be stored on a parallel contour a minimum of
30 feet away from any structure.
d. Weeds and grasses within the 30 foot perimeter shall be maintained to a
height of not more than 6 inches.
I':!!~ MOUNTAIN EcOLOGICAL SERV'CES, INC
4
· 000036
Jerome Pqrk- Wil4fire Hazard Review
IlIne 11,2007
e. Firewood/wood piles shall be stacked on a parallel contour a minimum of
fifteen (30) feet away from the structure.
f. Swimming pools and ponds shall be accessible by the local fire district.
g. Fences shall be kept clear of brush and debris.
h. Wood fences shall not connect to other structures.
i. Fuel tanks shall be installed underground within an approved container.
j. Propane tanks shall be buried, if possible, or installed according to NFPA
58 standards and on a contour away from the structure with standard
defensible space vegetation mitigation around any aboveground tank. Any
wood enclosure around the tank shall be constructed with materials
approved for two (2) hour fire-resistive construction on the exterior side of
the walls.
k. Each structure shall have a minimum of one ten (10) pound ABC fire
extinguisher.
I. Addresses shall be clearly marked with two (2) inch non-combustible
letters and shall be visible at the primary point of access from the public or
common access road and installed on a non.combustible surface.
The standards stated in 7-20-60 Wildfire Hazards, has been slightly modified for the
conditions at this property. Thank you for this opportunity to comment on this property, and
please feel free to email me if you have any questions.
Sincerely,
Eric Petterson
Rocky Mountain Ecological Services, Inc.
I":!!CKY MOUNTAIN ECOLOGICAL SERVICES, INC
5
· 000037
PUBLIC NOTICE
RE: Jerome Park Activity Envelopes and Extended Vested Rights
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, July
25,2007 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of
business allows, before the Board of County Commissioners, Plaza One Conference
Room, 530 East Main Street, Aspen to consider an application submitted by North
Thompson Four Mile Mineral and Land Corp. (4239 Hwy 133, Carbondale, CO 81623)
requesting Activity Envelopes and an extension of Vested Rights. The property is part of
the parcel known as "Jerome Park" and the residential activity envelope is legally
described as a Parcel ofland situated in the W Y:z of Section 23, Township 8 South, Range
89 West of the 6th P.M. The agricultural activity envelope is legally described as a Parcel
ofland situated in the W Y:z of Section 23, Township 8 South, Range 89 West of the 6th
P.M. The State Parcel Identification for this property is 2461-151-00-004. The
application/resolution are available for public inspection in the Community Development
Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information,
contact Lance Clarke at (970) 920-5452.
Jeanette Jones, Deputy County Clerk
Board of County Commissioners
Published in the Aspen Times Weekly on June 24,2007.
Attention Applicant/Representative:
It is your responsibility to do the following:
1. Mail this Public Notice to all adjacent property owners and mineral estate owners at
least 30 days prior to the hearing with the return address of the Community
Development Department. The names and addresses shall be those on the current
tax records of Pitkin County as they appeared no more than 60 days prior to the
date of the public hearing
2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your
applicant letter) as proof of compliance with the Code at the hearing.
3. Pick up Public Notice sign from the Pitkin County Community Development
Department, 130 South Galena Street, Aspen, CO (970) 920-5526
4. Post the Public Notice sign on the property at least fifteen days (15) prior to the
hearing
5. Remove the Public Notice sign within one week after hearing date
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX # (970) 920-5439
July 6, 2007
Doug Pratte
PO Box 107
Aspen, CO 81621
Re: Jerome Park Activity Envelopes with Extended Vesting Requested
(Pill 2461-151-00-004; Case P093-07)
Dear Mr, Pratte:
The Planning Office has completed its preliminary review of the captioned application. We have
determined that this application is complete. After a more detailed review of the submittal
information, additional information specific to the application may be requested in order to
adequately review and process the application. The planner in charge of the review will request
the information from you directly.
We have scheduled this application for review at a public hearing by the Board of County
Commissioners on Wednesday, July 25, 2007 at a meeting to begin at 12:00 P.M. in the Plaza One
Meeting Room at 530 East Main St., Aspen. Should this date be inconvenient for you, please contact
me within 3 working days of the date of this letter. After that the agenda date will be considered
final and changes to the schedule or tabling of the application will only be allowed for unavoidable
technical problems. The Friday before the meeting date, we will call to inform you that a copy of the
memo pertaining to the application is available at the Planning Office.
Please note that it is your responsibility to post a public notice sign on the property at least fifteen
days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent
property owners and mineral estate owners at least 30 days prior to the hearing with the return
address of the Community Development Department (copy of notice will be sent to you by the
Community Development Department). The names and addresses shall be those on the current
tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public
hearing, Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of
compliance with the Code at the hearing,
If you have any questions, please call Lance Clarke, the planner assigned to your case, at 920-5452
Sincerely,
Bonnie Waechtler
Administrative Assistant
Enc\: Affidavit of Notice (Code Section 2-20-100)
PITKIN COUNTY
CO~DEVELOPMffiNTDEPARTMffiNT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5526 FAX (970) 920-5439
MEMORANDUM
TO:
Colorado Division of Wildlife
Carbondale Fire
Crystal River Caucus
Environmental Health and Natural Resources
Open Space & Trails
FROM:
Lance Clarke, Community Development Department
RE:
Jerome Park Activity Envelopes with Extended Vesting Requested,
(CASE P093-07; PID 2461-151-00-004)
DATE:
July 6, 2007
Attached for your review and comments are materials for an application submitted by North Thompson Four
Mile Mineral & Land Corp. The Board of County Commissioners will review the application on Wednesday,
July 25,2007.
Please return your comments to me by Wednesday, July 18,2007.
PLEASE RETURN APPLICA nON MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HA VE
NO FURTHER NEED OF THEM.
Thank you.
MEMORANDUM
To:
Lance Clark, Planning Department
From:
Nancy MacKenzie, Environmental Health & Natural Resources
Department
Date:
July 16, 2007
Re:
Jerome Park Activity Envelope with Extended Vesting
(CASE P093-07; PID 2461-151-00-004)
-------------------------------------------------
-------------------------------------------------
SUMMARY OF RELEVANT PARTS OF APPLICATION: The applicant is seeking
approval on a 4,774 acre parcel of land for an 11-acre Activity Envelope on a 35-
acre parcel for one single family home and one agricultural facility. Nancy
MacKenzie from this Department conducted a site visit on July 13, 2007 with
Lance Clark of the Planning Department, Dale Will of the Open Space & Trails
Department, and applicant representatives Doug Pratte and Bill Fales.
DISCUSSION: The Pitkin County Environmental Health & Natural Resources
Department has reviewed the details of the Jerome Park application under the
authority of the Pitkin Countv Land Use Code and the Pitkin Countv ISDS
Reoulation and has the following comments.
ADEQUATE PROVISION FOR WATER NEEDS: 1-60-310:,
There is no water service to this property at this time and it is the intent to serve
the property with a well. There is a well on an adjacent portion of this property
and it therefore appears that it is feasible to drill a well to provide potable water in
this area.
Neither the County nor the State of Colorado have water quality standards
applicable to drinking water obtained from private wells or private water sources.
It is the responsibility of the property owner to assess the suitability of a well for a
drinking water supply. (This Department's web site contains some helpful links
with information on pollutants a property owner should test for.) Under the
County's current ISDS regulations, the applicant only needs to have the well
water tested by a lab for bacteria (coliform). This can be done locally at
Snowmass Water and Sanitation District, or Aspen Consolidated Sanitation
District.
SEWAGE TREATMENT: 1-60-320:
No soils data is available for this site. However, there is adequate area in the
moderately sloped portion of the proposed Activity Envelope to site the Onsite
Wastewater Treatment System (OWTS) for the planned 5,750 square foot house.
Following is an example of the size required for a 6 bedroom house under the
current Pitkin County IISDS Reaulation, assuming soil with a poor percolation
rate of 60 mpi. An area approximately 48 ft X 100 ft for a total area of 4,800 sq ft.
would allow for 3 ft wide trenches that could be stepped down the slope and
retain the native vegetation between the trenches.
A dry gulch passes through the proposed Activity Envelope. There is enough
area in the proposed envelope to site the OWTS away from this feature. No other
irrigated areas, irrigation ditches, rivers, streams, ponds, wetlands or riparian
habitat are present on the site.
Page 1 of 1
Lance Clarke
From: Dale Will
Sent: Tuesday, July 17, 2007 1:59 PM
To: Lance Clarke
Cc: Barb D' Autrechy
Subject: Jerome Park Comment
Hi Lance:
The Open Space Department has reviewed the proposed activity envelope on Jerome Park and we find that it is
consistent with our agreement to purchase a conservation easement on the property. As you know, an earlier
agreement between Pitkin County and the landowner would have left 7 potential home sites in the vicinity of the
single site now proposed. This surviving site was selected to minimize scenic impacts from the public road way.
Overall, we believe our Jerome Park conservation project to be a huge win for land conservation in Pitkin County,
and within the Roaring Fork watershed in general.
Regards
Dale Will
Director
Pitkin County Open Space and Trails
7/17/2007
County of Pitkin }
} SS.
State of Colorado }
AFFIDAVIT OF NOTICE &
MAILING PURSUANT TO
PITKIN COUNTY LAND USE
CODE SECTION 2-20-100
I, D OLLt.1la s -rrce\ tt" ~ , being or representing an
Applicant to the Pitkin County Development Permit, personally certify that I have complied with the
public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in
the following manner:
1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to all owners of property adjacent to the subject property, as
indicated on the attached list, on the lfL day ofJLLne--, 200](which is 36 days prior to the public
hearing date of 7/:;5 ). The names and addresses of the adjacent property owners shall be those
on the current tax'records of Pitkin County as they appeared no more than 60 days prior to the public
hearing.
2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to the owner(s) of the rpineral estate underneath the subject
property, as indicated on the attached list, on the ~day of rdune...., 200](which is 35days prior
to the public hearing date of '1/.Y5 ). The names and addresses of the mineral estate owners shall
be those on the current tax recdrds of Pitkin County as they appeared no more than 60 days prior to
the public hearing.
3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on the ~day of J/LW , 200Z which is at least fifteen (15) days prior to the
public hearing. A photograph of the posted sign is at hed eto.
DOlW\las '-p((t.:;\-t'L
Applicant's name
f ^ tbr.h nhotograph here)
Signed before me this c:L5 day of J Lt..-LC \ ,
200]by ~
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: I ) /J 7 I :) () oC:;
, , .
Not~ Public
vLL/ie... 0. i-::>(C:Lrf-~
No~ Public's ffi.gnatu;e)
1.d~ /~~
1/ (/
[JULIE J PRATTE
NOTARY PUBLIC
'I"':! ~~: o~ CC:L~~RADO
My Commission Expires 1/27/2009
AFFIDAVIT OF NOTICE &
MAILING PURSUANT TO
PITKIN COUNTY LAND USE
CODE SECTION 2-20-100
I, Lo..",~ C1o..Jk , being or representing an
Applicant to the Pitkin County Development Permit, personally certify that I have complied with the
public notice requirements pursuant to Section 2-20.-100. of the Pitkin County Land Use Regulations in
the following manner:
County of Pitkin }
} SS.
State of Colorado }
1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 30. days prior to the public hearing to all owners of property adjacent to the subject property, as
indicated on the attached list, on the l11bday of .:\"""^~ , 2aO::J(which is ~ days prior to the public
hearing date of~. The names and addresses of the adjacent property owners shall be those
on the current tax records of Pitkin County as they appeared no more than 60. days prior to the public
hearing.
2. By maili~~ ~fnotice, a copy of which is attached hereto, by first-class, postage prepaid U.S, Mail at
least 30. days prior to the public hearing to the owner(s) of the mineral estate underneath the subject
property, as indicated on the attached list, on the _ day of_, 20.0._ (which is _ days prior
to the public hearing date of ). The names and addresses of the mineral estate owners shall
be those on the current tax records of Pitkin County as they appeared no more than 60. days prior to
the public hearing.
3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on the ~day of ::::J......~ , 2aaJ, which is at least fifteen (15) days prior to the
public hearing. A photograph ofthe posted sign is attached hereto.
~\t\\'I"\ GJ~~
Applicant's name
7A (L~~(_U
Signature
(Attach photograph here)
Signed before me this ~ day of ~"l.( ,
2a(>1by
I. ~t!.< ) . e/a.vi< "
SS MY HAND AND OFFICIAL SEAL
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PUBLIC NOTICE
RE: Jerome Park Activity Envelopes and Extended Vested Rights
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, July
25,2007 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of
business allows, before the Board of County Commissioners, Plaza One Conference
Room, 530 East Main Street, Aspen to consider an application submitted by North
Thompson Four Mile Mineral and Land Corp. (4239 Hwy 133, Carbondale, CO 81623)
requesting Activity Envelopes and an extension of Vested Rights. The property is part of
the parcel known as "Jerome Park" and the residential activity envelope is legally
described as a Parcel of land situated in the W Yz of Section 23, Township 8 South, Range
89 West of the 6th P.M. The agricultural activity envelope is legally described as a Parcel
of land situated in the W Yz of Section 23, Township 8 South, Range 89 West of the 6th
P.M. The State Parcel Identification for this property is 2461-151-00-004, The
application/resolution are available for public inspection in the Community Development
Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information,
contact Lance Clarke at (970) 920-5452.
Jeanette Jones, Deputy County Clerk
Board of County Commissioners
Published in the Aspen Times Weekly on June 24, 2007.
Attention Applicant/Representative:
It is your responsibility to do the following:
1. Mail this Public Notice to all adjacent property owners and mineral estate owners
at least 30 days prior to the hearing with the return address of the Community
Development Department. The names and addresses shall be those on the current
tax records of Pitkin County as they appeared no more than 60 days prior to the
date of the public hearing
2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your
applicant letter) as proof of compliance with the Code at the hearing.
3. Pick up Public Notice sign from the Pitkin County Community Development
Department, 130 South Galena Street, Aspen, CO (970) 920-5526
4. Post the Public Notice sign on the property at least fifteen days (15) prior to the
hearing
5. Remove the Public Notice sign within one week after hearing date
10 b. PrOv&- ~-33
-
Ordinance No.
-2007
Recitals
1. The Pitkin County Board of County Commissioners, "BOCC",
desires to rezone portions of the property commonly known as "Jerome
Park" from the Resource-30 Acre Zone District (RS-30) to the Rural
Remote Zone District (RR).
2. The property to be rezoned is legally described as the southeast ~
of Section 27, the northeast ~ of Section 34, the east % of the northwest ~
of Section 34, and the west % of the northwest ~ of Section 35, all in Range
89 west, Township 8 south.
3. The Planning and Zoning Commission heard this rezoning
application at a regularly scheduled public meeting on July 3,2007, at
which time they recommended approval.
4. The BOCC reviewed the application at a duly noticed Public
Meeting on 1st Reading on July 11,2007, and at 2nd Reading at a Public
Hearing on July 25,2007, at which times evidence and testimony were
presented with respect to this application.
5. The Board finds that this rezoning application is consistent with the
Pitkin County Land Use Code.
NOW THEREFORE BE IT ORDAINED by the Pitkin County Board of
County Commissioners that it hereby rezones portions of "Jerome Park",
Exhibit A, from Resource 30-Acre to Rural Remote, and directs Staff to
amend the Official Zoning Map, as referenced in Section 1-80 of the 2006
Land Use Code, accordingly.
PID #246115100004
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on
the 24th day of June, 2007.
INTRODUCED AND FIRST READ at the regular meeting on the 11th day
of July, 2007.
EXHIBIT A
The SE ~ of Section 27, the NE ~ of Section 34, the E % of the NW ~ of
Section 34, the W % of the NW ~ of Section 35, all in Range 89 West,
Township 8 South
2
EXHIBIT B
Insert Map (Forwarded separately as a PDF)
Jeanette Jones, Deputy County Clerk
Published in the Aspen Times Weekly on June 24, 2007
3
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COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526
pitkin County
Land Use:
Board of Adjustment
County Land Use Code
Flat Fee
Zoning and Sign
Public Notice+
Planning Enforcement
Hearing Officer
Referral Fees:
Airport
County Clerk
County Engineer
Environmental Health
Historic
Housing
Land Management
Redstone HPC
Wildlife Officer
172
159
174
162
169
160
175
~ ,2. 34
50
210
LUC01
211
194
208
198
190
209
206
_~H\
507
Building Fees:
170 Board of Appeals
105 Building Permit
120 Electrical Permit
195 Energy Code Review
115 Mechanical Permit
150 Plan Check
110 Plumbing Permit
130 Reinspection
152 AVFD Fire Marshal
158 .' BFD Fire Marshal
Other Fees:
Use Tax
Copy
Master Plan Copy
Park Dedication
GIS Requirements
Housing Impact Fee
Road Impact Fee
School Impact Fee
155
165
PZ005
185
IS
161
B1202
B1203
TOTAL
NAME: OOM ~ Thom
ADDRESS/PROJECT: .
~h~_Ctreet
PHONE: 9CJ-3tDtfU
CHECK#~()S~
CASE/PERMIT#: .
DATE:~INITw':
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