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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~,~.#, ~,., ~.-..., ., G a r ~a.rr+z.,.. _»;., .,:9s.xw'.,m~~+ahevc cR Jye.4 a RESOLUTION OF THE BOARD OF COUNTY CObIlVII$SIONERS OF PITHIN COUNTY, COLORADO, GRANTING EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR THE RESNICK PROPERTY Resolution No. 98-LZ I RF,['TTAL5 1. Brad and Candace Resnick (hereafter "Applicants") have applied to the Pitkin County Boazd of County Commissioners (hereafter "Boazd"~ to consider an extension of vested real property rights pursuant to Section 4-140.30 of the Land Use Code. 2. The Applicants were previously granted the following approvals: • Extension of Vesied Real Property Rights (Resolution No. 95-184) • Forwazding the 1991 Non-Metro Area Residential GMQS Scores to the BOCC (Resolution PZ-91-96) • Lot Line Adjustment and 1041 Geologic and Wildfire Hazard Review (Resolution No. 91- 48) • Awazding Residential GMQS Allotments., for the Non Metro Area applications as forwarded to the BOCC (Resolution No. 91-146) • General Submission (Resolution No. 91-142) • Detailed Submission and Fipal Plat (Resolution No. 92-384) 3. The subject property is located at 5353 West Sopris Creek Road, and is described as Lots A and B of the Resnick Subdivision. 4. The Boazd heazd this application at its regulazly scheduled meeting on July 8, 1998, at which time evidence and testimony were presented with respect to the application. 5. The Board determined that the proposed development meets the criteria established in Section 4- 14030 of the Land Use Code, and therefore found the extension to be appr. priate. NOW, THEREFORE BE TT RESOLVED by the Pitkin County Boazd of County Commissioners - that it does hereby grant an extension to the vested property rights until July 8, 2001 of the Resnick approvals, subject to the following conditions of approval and the conditions of previous approvals: Resolution No. 95-186, Planning Commission Resolution PZ-91-48, Resolution No. 91-142, and Resolution No. 92-384: 1. Beaz proof containers shall be utilized on the subject parcels. 2. For any free mazket residential structure of 5,000 gross squaze feet or greater, the applicant shall comply with Section 4.01.01(B) of the Pitkiii County Road Management'and Maintenance Plan, which requires the applicant to provide construction trip and residential trip generation studies: The Applicants shall comply with this provision as it is in effect at the time of building permit issuance to the satisfaction of the County Engineer. I I"III "III'II"I III" (~II~ I'I'I II"I III "~'~ II'I I"~ 419704 07/21/1998 04.28P RESDLUTI DpV25 SILVI i of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY C0 ., _......~.. _ _~ ~~ s w,x~ Resolution No. 98-L~ ~ ' , . ., . _. .. Page 2 3. A fireplace/woodstove application must be filed and approved by the Envirotmiental Health Department prior to the issuance of a building permit.. 4. Prior to issuance of building permit, the Applicants shall submit a Fugitive Dust Control Plan to the Environmental Health Department: The plan shall include measures to ensure that dust does not become a nuisance and blow onto adjacent properties. NOTICE OF PUBLIC. HEARING PUBLISHED IN THE ASPEN TIMES ON TFIE 6TII DAY OF JIJNE,1998. APPROVED AND ADOPTED ON THE 8TH DAY OF JIJLY,1998. rr ~ICC° dF Yesr+eD QIGNTS PIrB.Uf/fCD !N T1~ ASfFN 7Jd1FS DN'TNe I '"~.4Y cP iyvs'urr ~~'. ATTEST: BOARD OF COUNTY COMMISSIONERS OF/P//IJTKIN COUNT~Y~,//CyOL-.ORADO e 3enes .Cyt/Dee ,Q, J. ~btJ Dorothea Farris _ eputy Clerk and Recorder Chair ,~/ Date: ~~~/"g d APPROVED AS TO FORM: APPROVED AS TO CONTENT: 7 -~ ~~ fir- / / ~~L ~ti~t-~~ ~ .~ - ~~ John Ely, Cindy Houben; Countythey Community Development Director Case #P50-98 PID #~3.3h8#'~2-603 2 k bs ~' 313 - u! _ oo I~aca. I I"I~I "I~I "I"I III"I I'II' I'I'I II"~ III "~I' II'I I"I 419704 07/21/1998 04.28P RESOLUTI DRVI3 SILVI" 2 of 2 R 0:00 D `0:00 !f 0:00 PITKIN COUNTY CO -,v: ;;. "~_ 87tDiD3 P-795 'r7-518 ~ 1 /Qic/95 04:35G PG 1 OF ~ REC DOC NO r SILVIFi DFiVIS PI'~N COUNTY CLERK & RECO}2DEF t~.00 i ; RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO, GRANTING EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR THE RESNICK PROPERTY ' Resolution No. 95-r ~ RECTTALS 1. Brad and Candace Resnick (hereafter "Applicants")have applied to the Pitkin County Board of County Commissioners (hereafter "Board") to Consider an extension of vested real property rights pursuant to Section 4-f40-30. 2. The Applicants were previously granted the following approvals`. • Subdivision of a 62 acre parcel into two 31 acre parcels, one of which was already developed with a single family residence and outbuildings. • One residential GMQS allotment for thehew`lot . • 1041 hazard review approval for a building envelope for the undeveloped lot (Lot A). 3. The subject property is located at 5353 West Sopris Creek Road, and is described as Lots A and B of the Resnick Subdivision. 4. The Boazd considered the request at its regularly scheduled meeting of September 27, 1995, at which time evidence and testimony was presented with respect to this application. 5. The Board determined that the proposed development meets the criteria established in Section 4-14030 of the Land Use Code, and, therefore, found the extension to be appropriate. NOW, THEREFORE, BE IT RESOLVED by'the Pitkin County Board of County Commissioners that it does hereby grant a three year extension to the vesting period for the ~" a Resolution No. 9S-~ 7`r Page 2 , Resnick approvals, subject to compliance with the following conditions of approval and the conditions of the previous approvals: Planning Commission Resolution No. PZ-91-48, and Board of County Commissioners Resolutions No. 91-142. and No, 92-384. 1. Prior to issuance of any building permits, the applicant shall pay a housing mitigation fee for the equivalent of I.0 full-time Category 1 employee in accordance with the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time. of payment of the fee. This fee shall be paid to the Pitkin County Finance Director. APPROVED AND ADOPTED ON THE 27TH DAY OF SEPTEMBER, 1995. BOARD OF COUNTY COMMISSIONERS, PTTKIN COUNTY, COLORADO BY ~~~.~~4;/~ I~fichael C. Ireland, Chair DATE / i~ ~ S A TEST: o ~ is Jeanette Jones, De ~ ~' v APPRO D AS TOI .~/ Tim Malloy, Acting Community 1; w- Clerk & Recorder APPROVED AS TO FORM: ,~ ~ ---~ John Ely, County A ey w ro v e 9 ai m i m i w .. 5 fig L~1 w ;; r c~ n~ r_i r. -----~ ,~~. r. s ,~, I t I :SOLUTION OF TBS PTTRIN COUNTY PLANNING AND.~ONINdICOMM288ZON FORWARDING. THE 1991 NON-![ETRO AREA RESIDENT]AL G1L~8 SCORES T8E ,HOARD OF COUNTY COMltI88IONERB ,OF PITRIN' COUN'liY, COLORADO Resolution PS-9(1-/~ • i I RBAB; on August 20, 1991, the PitkinjCounty Pl~nnin~ Commission, I einafter "Commission", reviewed siX (6) 1991 Nod-Metro Area I idential GM4s applications. These applicatio~-s ark as follows: I West Buttermilk Pfister Tract.2 ~ ~ West Buttermilk Pfister Tract 3 I bleat Buttermilk Pfister Tract 4 '. ' . _, West Buttermilk Pfister Tract 5 ~ { i Ross I Resnick j TtEAS; the Planning Commission revewled_each ap~ilicat~ion relative the applicable sections, of the County Code (Section 5-510); and I WHEREAS, there are seven (9) residential allotments available 1991 in the Non-Metro Area; and ~ WHEREAS, all of the applicationsi received: scores above the ~imum.thrashold of 43 points. ~ ' ~ I NOW, THEREFORE, EE ZT RESOLVED, b~' the Pitkin County Planning . 2on}ng Commission that it does hAre~by for~rard t~e following gyres for the 1991 Residential GMQS i~ior the. No~--Metrb Area: i . i t West Buttermilk Pfister Tract 2 ~ 55 West Buttermilk Pfister Tract 3 58 . _..- ~~ s • ~ ~ ~ ~ i t ~ West Buttermilk Pfister Tract 4 j ~ 4g i West Buttermilk Pfister Tract S ; { 53 I Ross j t ~ ss Resnick S1 11 projects therefore exceeded the minimum thrQShold ~f 43 paints. APPROVED by the Pitkin County Planning and;Zonir~g Commission its regular scheduled meeting August 20, 19Q].. j PI7+KIN COUNTY =PLA. iING AND ZOZ~ING COMFIZ~S BY .; i istrative Assistant VED AS TO FORM: APPjROVED AS TO CON~ENT: /.I~ ` ~ ~ tsi t L. rgetum, y Att n y P ~nni Dfr6ctor ' s.0O ~y62 PB seb Mil%21/9f 1600 Rec uocl.00 Silvia Davis. Pi tkin Ci+tY Clerk. 1tEBOLIITIOII Ot 'fEE PITiIIi C10~UI11T! PLJIAEIl16 AIN EOl1I1r6. CD>Q[IB8I0! aIIL#TIE6 A Ld! LI1/E 11DJQBTMEE'f I111D . 1 lOGl BEOL06IC 71YD. 11ILDT]3fi HIISARD REVIER 1PYROYAL TO. TEE. c, •` RRBEICR APPLICATIOlI . Aesolation Eo. Pi-fi-~ 11HEItE118, Candice and Brad Resnick, hareinattar "Applicants", have applied to the Planni>mq and Zoning Commission of Pitkln County, Colorado, hereinafter "Commission", for a Lot Lina Adjustment and 101 Geologic and Wildfire gaaard approval pursuant to Seotions ~-2.2(a)(2) and 5-00 of the Land Uae Coda; and 118EREA6, the Resnick parcel is located at 5353 Wast eopris Creak Road, more spec ifica117 described in Exhibit "A"; and r~ i t; '4 :a-) rh°' 1BEItID18, the parcel is tuned RS-30; and ^EERE716, the applicant proposes to subdivide a 62 acre parcel of land into two 31 acre parcels; and 11HB3EA6, there is nn existing residencaand outbuildings on one lot, and the second lot is undeveloped; and X3116, only one nev lot and building envelope will be established as a result of the subdivision; and 1181SREA6, the undeveloped lotis encumbezed by elopes exceeding 30t, potential avalanche areas and wildfirehazards; and 11IIEREA6, the site is outside of any mapped wildlife areas but 1s within 1/2 mile of an ells migration corridor and near an elk production area; and 11EEREA6, in 1989, ten acres of land owned by the Resnicks were illegally conveyed to the Turnbulls (adjacent property owners); and { f 5339724.,.11/21791 1bs00 Rvc f_00 BK 662 P9 38T ' Silvia Davis; Pitkin Cnty Cle!rk~Doc f.00'~- 11EEREAE, the applicants era requeaztinq s lot line adjustment in order to bring this transaction iM , compliance with the Code; and 1I!<filEAa~ the Planning and Zomdng Commission heard the application at a duly noticed rogularlt scheduled meeting on August ZO 1991; and 1REAEAS, the Coaiasion detarmiaed that the applicant can adequately mitigate identified 1041 hazards; and E86RE11s, the Commisaiondeterained that said application complies with Lot Line Adjustment criteria in the Land IIae Code; and EHEREA/, the Commission forwarded a Growth Management score of 51 (meeting overall and individual minimum thresholds) to the Board; and RHERE118, the Commission recommmended that the proposed subdivision receive one growth management allocation; and wHERBAH, ttte Conuoission deterained that the application complies with Subdivision and General Submission criteria in the Code. EOIf, 'PHERElORE, EE IT AEEOLVED by the Commission that it recommends approval of the Resnick Subdivision General Submission to the Hoard o! County 'commissioners. Ds IS 1IIRTEEE 1E80LV6Dby the Cvasiasion that 1t does hereby grant a lot linesdjustmentand 1041 txologic and Wildfire Hazard Raviaw approval to the Applicants subject to the following conditions: 1041 HAZARD REVIEii .r , '~•. I 'i t :f~i _ y '~ 7 4 'Y., ~~Y ' #; ; , ,. ~; ~~,s - s ,,~: ` 1 . ~~~ _ ... 1133b7f`~""'.tl/21 /tit 16:OU Rec ~-~~ ~"pa"s ~ ,~.. , ~,iavis, Pitki~ CntY Clet'k, !': ~ Silv1~ .... w' - -.: t 1. ~Thn applicant acknoyledgea that he has been informed by Pitkin ., ;; County of the existence of "loii hazard areas" that might affect the property and any i~eprovements, and the use and occupancy thereof. 2. ~ Tha following wildfire mitigation measureaanall ba adhered {~~ a. All xoota will be kept cleared of debris b. Oak brush shall ba thinned for a distance of 30 lest from the home. Thinning shall rescult in patches o! vegetation within 10 foot spacing between the crowns of remaining patches. peed vegetation within 30 teat of the h~'ae shall ba removed. All vegetation within to feet of the home shall M removed with the exception of ~ ow growing grasses and plan?s. c. Tha applicant shall provide. a 2,000 gallon underground water reservoir or a pond with at least ~~ 4 toot dept` with a dry hydrant. The pond shall be oapable of provldinq no less than .',000 gallons o! water for flretlow; d. Firewood shall be ataciced on a contour away from building(s). a. At least one ten pound ABC sloes fire extinguisher shall be planed in each structure. t. All power and telephone lines shall be undergroutded. q, Roof motorists shat= be of non-combusti_le materials such +fs tile, .metal or asphalt. h. The applicant shall install a fully automaticresidential prow dedras specified by the sprinkler3contractorto be 3. Development lapacts on wildlife shall be mitigated as follows: a. All dogs shall ba kenneled. b. All Lances era to be a maxi~eum of 42' in height, 4 strand or less with a minimum ki~lc space of 12" from. the top wire. c. Native vegetation outside of the building envelope shall be maintained.. _ d, intermittanttstraam hick lies too theeteast of the "'r r .: ~` .,fw .. dj 3,' !'~ a Y:..~~~ .yy: 1:.~. '~ ~!~ ': ~ , i r; ~; F; G ~`` w' ~ ' i ,y. 'A v +.. :'%~' ~! ,1 4 1134 11/21/91 16s JO Rec 1.00 8K t,(~~G„5189 ~~ Sil n a""Devi s, 'Pitkin CntyCl erk, Doc `..'JO building envelope. Thr Yetba~k shall b~ rafl6cted on the Final Plst.' Nb 'development shall Oc~~11r 'within the _ setback and vegetations shall be preserved. t. No dnvelopasnt shall recur m slopes exceeding 15= in grade. 1;+~,,. LOT LINE ADJO&TI~NT.. ~~. tl~'~H `s'` w it y < ~+lx iC "K r ~1eu~^4 n Y•. ~('„ ~'~i-~~~ 1. Da~'eloprant density potential of the Turnbull property shall be based on the arrange"of the Turnbull property prior to the boundary adjustaent. 1. A subdivision axanption plat shall ba recorded upon final approval GENP.dAL 6i1&1ISSION 1. A sawags disposal system sad vatvr provision for thn site shall be r:w evad and_apyrwed by the Esvironaental Nealth Department prior ?:o issuance of a building parait. 2. Tha applicant shall revegetate al.T areas disturbed by construction within one graving season of aonstruction. 3. Outside illumination shall oonply with Pitkin Cotiity Lighting regulations in effect htthe tine of building permit issuance. 4. All development, with the exception of the access dri~a improve'ents, shall be !orated within the building envelope ae designated _ on the Site Plan. 5. Prior to is~:uancu of a tuf'.dinq Permit the applicant shall obtain an access. permit iroai the County Fegineer's Office. 6. Tha applicant shall comply with Pitkin County air quality standards im affect at the tise of building permit issuance. 7. At Final Platthe applicant shalt. submit a utility plan to be reviewed by Noly Cross Electric Association for approval o! a "looped" service line. GENERAL 1. At Final Plat the applicant. sT:all submit subdivision covenants. 2. At Final Plat a statement o! understanding shall be executed relieving ditch owners of any responsibility for damage to development. .caused by the Nount Soprie ditch or seepage prableas'rasultinq from the ditc?:. .Access to the ditch shall be provided. by the applicant to the .ditch ovnars 3. At Final Plat the applicant shall pay a park dedication !ea based on the County park dedication fns formula im effect at .~ '~ i +~ ~. f h ~~; i J .'p . •~ _.. 1133872/21/91 16:00 Rec fUU Bk. vo< ~- itkin Cnty Clark, Doc e•uc"°` _ ~ 811via 1,,.31 s, P~ the pima o! Tinal Plat. 4. .Prior to..issnance of any building pormits, the applicant shall pay to the PitTcin County Finance Director the aquivalallt of 1.0 low incama eapioyee indexed W `the"Housing guidelines in attecE at issuance of a building permit. 5. At rival Plat the applicant shall provide an accau aaseaeM for use. of the 'Dinkle Lake Road by the publio. There ie currently no final iletaraination as to,vhethar this road is y a»d provide coordoinata vithrtha P untpy and the roYasti Bervicsiaanti bhall an easement to the a p=o riate emtit 6. The Applicant shall utilize solar asaistad vatar heatlnq, for ' .consumption toiletr and thermal insulation in aiiceee of building coderequirementp 1n eofatruction oY' t7ie Tasideiice. 7. 711 representations madeby the applicant in tha_application and in public maetings'ehall be sdhared to. ,. 18. All materiel re resentationa made in the public hearing and in the application shall ba adhered to. APPYOVED by the Pitkin County Planning and Zonlnq Co~issloh at its regular meatingon.August 20, 1991. Pi~S[ZyY. COyIINyTY P7~.yi1NMIlKi A11D ~.ilAV COAR1881 VA B~ ~~ '( 7~s`RSaar,Chairmaa Arslus: ;~ jjrr ~; ~~lS ~{ '' .f DeDesl atehaa, lldaiaistratiee aadatant APPI ~ 71i`q!o i 71TrY0'YaD AS s0 C011TElITt lino h2 !. lrhits t e ltogqoaanr Conn ~ eT 9rpnt7 Diriotor ELS AESO resnick 1041 t- ,,.,' 1~~~_U/S1 1~~ F~ec 8c,pci EF;; 660 F'G 418 I EXHIBIT ^' ~'t 7. vi.a Davis, F'i tF ir, cJnty Cl. erl Doc 4.iri~ ~ RESOLOTION_OF THE BOARD. OF COUNTY COMMISSIONERS OF PITRZN COUNTY, COLORADO GRANTING GENERAL SUBMISSION APPROVAL TO THE RESNICR SUBDIVISION Resolution No. 91-~~ WHEREAS, Candice and Brad Resnick (hereinafter "Applicants") have applied to the Board of County Commissioners of Pitkin County, Colorado, (hereinafter"Board") for General Submission. approval of a two lot subdivision pursuant to Sections 4-l and _6-3 of the Pitkin County Land Use Code; and WHEREAS, the Resnick parcel is located at 5353. West Sopris Creek Road, more specifically described in Exhibit."A"; and WHEREAS, the parcel is zoned_RS-30; and WHEREAS, the applicant proposes to subdivide a 62 acre parcel of land into two 31 acre. parcels; and WHEREAS, there is an existing residence and outbuildings on lot B, and lot A is undeveloped; and WHEREAS, at a regularly scheduled public hearing on August 20, 1991, the Planning. and Zoning Commission granted 1041 Geologic, Wildfire and Wildlife Hazard approval for the undeveloped lot; and WHEREAS, the Commission also granted approval of a lot line adjustment between the Resnick acid Turnbull parcels; and WHEREAS, the Commission recommended .General Submission approval of the subdivision to the Board; and .WHEREAS, the Commisiion scored the application in the 1991 growth management competition and determined that the proposed subdivision meets overall and individual minimum thresholds; and WHEREAS, the Commission recommended that. .the. proposed a , ktee ~ , i ~~ ~ BI:: 660 F'G 419 a Silvia Uavis, F•tt.i.r :,qty Clerk. Uac 4.06 ~' subdivision receive one growth management allocation; and WHEREAS, the Board reviewed the application at a duly noticed public hearing on October 29, 1991, at which evidence and testimony was presented with .respect to this application; and WHEREAS, the Board finds. that the Applicants .have complied with Code. criteria for General Submission and Subdivision. NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby grant General Submission approval to the Applicant subject to the following conditions: GENERAL SUBMISSION 1. A sewage disposal system and water provision for the site shall be reviewed and approved by the Environmental Health Department prior to issuance of a building permit. 2. The applicant shall revegetate all areas. disturbed by .construction within one growing season of construction. 3. Outside illumination shall comply with Pitkin County Lighting regulations in effect at the time of building permit issuance. 4. All development, with the exception of the access drive improvements, shall be located within the building envelope as designated on the Site Plan.. 5. Prior to issuance of a--building permit the applicant shall obtain an access permit from. the County Engineer's Office. 6. The applicant shall comply with Pitkin County air quality standards. in effect at the time of building permit issuance. 7. At Final Plat the. applicant shall submit a utility plan to be reviewed by Holy Cross Electric Association for approval of a "looped" service line. GENERAL 1. At Final Plat the applicant shall submit subdivision covenants. 2. At Final Plat a statement of understanding shall be executed relieving ditch owhers of any responsibility for damage to development caused by the Mount Sopris ditch or seepage problems resulting from the ditch. .Access to the ditch shall be provided by the applicant to the ditch .owners. :IL ..7J~Yti d. 1U/jV/Y1 1~:1v I~eC v.. t,ii t~R. bbV t'li. 4LV .~ ',S'ilvia Dzvis, Pitt.ir~'nty Clerk., Doc ~.GC1 ,, >?" 3. At Final Plat the applicant shall pay a park dedication fee based on the County park dedication fee formula in effect at the time of Final Plat.. 4. Prior to issuance of any building permits, the applicant shall pay to the Pitkin County Finance Director the equivalent of 1.0 low income employee indexed. to the housing guidelines in effect at issuance of a building permit. 5. At Final Plat the applicant shall provide an access easement for use of the tinkle Lake Road by the public. There is currently no final determination as to whether .this road is a County or Forest Service Road. The applicant` shall, coordinate with the County and the Forest Service and provide an easement to_the appropriate entity. 6. The applicant shall utilize solar assisted water heating, low V=ar, consumption toilets and thermal 'ins:ulation in excess of building code requirements in construction of the: re"sdence. 7. All representations made_by the applicant in the .application and in public meetings shall be adhered to. APPROVEI)_by the Board at .its. regular meeting on October 29, 1991. tte Recorder BOARD OF COUNTY..COMMI86IONERB. OF PITRIN COUNTY, COLORADO Y Wayne Ethridge, hairman /~~~y- APPROVED A8 TO FORM: ~. Timo by E. Whitsitt, County A rney APPROVED AS TO CONTENT: ~ ~~~~ Planni~~airDmanl~ayneElhridgevoling w ~/ Commissioner Ross votmg Commissioner. True voting ~o~' Commissioner Tuito voting ~' Commissioner Crowley votng ~`r ~ /( r A4 '•._i r'':'f34 i~.~: 3Vi'ii l~ hec 8~. uii Et. 660 F'G 421 Silvia llavis, Fit4:. ''Cnty Clerk, Doc T.~?C+ EXtII DIT A -- LEGAL DESCRIPTION ~ Parcel A: That part of the following described propertylying with- in Tract 85 of Sections 31 and~32, and within Lots 2,7,8 and the S1.71tNW: of Section 32,a11•in~T . 8 5.;R. 87 W., 6th P.M. Beginning at a point fromwhence the Southwest Corner of 89°58' d N~ said Section 32 bears S. 00°OS'3q" . W. 642.59 feet an 09 feet; thence 1991 34"E 30" W. 1318.A6 feet: thence N. 00..° re . . OS or 1'e's s"°to the-centerline of N. 00°08'00" E. 1407.08 feet, mo road known asthe Dinkle Lake Road as constructed and ` '" a county ROad. Lake along the centerline of`s`aid~Dinkle in place: thence _ the following courses and, distances to the point of beginning, ~ ~~" S. 32°37'3b" W . " 103.55 fee t; 5. 24°52'25"W. 273.84 feet; S. 33°D1'29" W. '196.06 feet; S. 23°42'46" W. 520.64 feet; 5.24°58'55" W. 365.21 feet; S. 34°51'46" W. 361.41 feet; S. 16°57'18" W. 268`. Sfi fee t; S. 04°59'23" W. 169.12 feet:. S. 13°43'06" W.' ' 180.96 feet; ` 5.1G°23'35" 1V. 206.14 feet; S. 33°41'47" W. 454.59feet; - 5. OB°14'30" E. 405.60 feet; " S. 26°10'16" W. 66.83 feet; S. 52°37'03" W. 159.73 feet; S. 04°00'56"' E. " 48.61 feet; 5.74°39'17" E. 124.10 feet; S. 57°09'47" E. 98.18feet; 5. 75°51'26" E. 106.99 .feet; N. 54°41'01" E: 108.35 feet; N. 64°46'40" E. 100.77 feet; N. 89°27'37" E. 74.66 feet; .~• S. 69°52'00" E `199.33 feet; N. 86°38'57" E. 239.25 feet; S. 83°59'27" E. 153.45 feet: N. 63°07'54" E. 151.04 feet; S. 07°52'57" E. 118.26 feet, more or less. TOGETHER WIT71 any and all water, water rights, ditch and ditch rights appurtenant to the foregoing lands, and specifically including but without limitation .0'0'4 cubic foot of water per se- cond oftime out of Priority 123A"decreed to`tfie Huffalo Ditch.,.in Water District No. 3B ,State ofCOlorado. ~ _ ~~ ~~ Parcel B A parcel ofland in the SWhSWk of Section 32 and the SE4SE: of Section 31,a11 in T. 8 5.,-R. 87W:, 6th P.M., said parcel be- ing more particularly described as follows: Begihning at a brass cap set for the Southwest Corner of said Section 32, thence 5.89°58'30" E. 659.23 feet thence N. 00°09'13" E. 586.OSfeet to thA centerline of,,.a,county road;thence along the centerline of said county road, as constructed and in place,the following couzses and distances, N. 69°52'00" W. 183.16 feet; _ S. 89°27'37" W. "74.65 feet; S. 64°46'40"W, 100.77 feet; . S. 54°41'01" W. ~ 108.35 feet; T' EXIIIHIT A -- LEGAL DESCRIPTION attached to Warranty Deed between Dazbara O'Neil Ross grantor,'"`and""gi:a''~'A`.~Respic`k andCandace,J Resnick, grantees --Page One: of Two Pages-- -8~'3f984 li!/3i!/91 12:15,c 4.i;i! Ek: 660 F'G 422 SPlvia Davis, Fitk`.in Cr ? Clerk, Doc 2.i!O ' EXHIHITA --LEGAL DESCRIPTION Continue Parcel D(Cont.) N. 75°51'26" tV. 106.99 feet; N. 57°09'47" w. 98.18feet; N. 74°39'17" W. 111.OO.feet; thence S. 03°40'54" W. 467.52 feet along a fence; thence East 72.63 feet along theSOUth line of Tract DS to a brass cap set for Angle Point (A.F.) No. 1 of Tract86, all 3n saidTown@hip and Range; thence East 17.08 feet along-the South line of said• Tract85 toa'point on the west line of said Section 32; thence ., S. 00°02'52".W. 184.73 feet to the. point of. beginning. TOGETHER {•7ITIS any and all water, water rights, ditch and ditch rights appurtenant to or connected with the above-describ- ed lands. r, ~ r r... ,.. STATE OF COLORADO t _. u.i.,u.wu 11/Vti/51 !~y:46 1:vc ~ i1V Lil 6b1 F-'[i 632 ~~~~~~~~~ ~yi-J~vi'a Davis, Fitkin Crr''~ Cler{•:, Doc ~.Ot_~ ~ 4 ~~ ... - ~ RESOLUTION OF._THE BOARD ,OF COUNTY COMHIBSIONERS .~ ~ ~, - . ,~ _~ s v OF PITRIN COUNTY, COLORADO AWTRDING RESIDENTIAL GROWTH MANAGEMENT. QUOTA SYSTEM ALLOTMENTB,FOR THE NON METRO ,. .... AREA APPLIChTIONS h6 FORWARDED BY THE PLANNING ~.,.,k ~.~.,..,,~..e_.~ ,. ,.. .,. ,; R.._.,~.,,, ,_ 20NING COMMISSION RESOLUTION RESOLUTION N0, 91-~ WHEREAS, Arthur_Pfister submitted four separate".residential ,. ~~, _ Growth Management quota System (GM4S) applications for one (1) residential unit each for the West Buttermilk Pfister Tracts 2, 3, .~ ~-., ,. 4 and 5 which are described within Exhibit "n"; and ., WHEREAS, Frank and Pamela Ross submitted a 1991'residential Growth Management Quota System application for one~(1) single family dwelling unit"for the Ross property which is described within exhibit "B"; and WHEREAS, Candice. and Brad Resnick submitted a 1991 residential Growth Management Quota System application for one_ (1) single family dwelling unit for. the Resnick property which is described" within exhibit "C"; and WHEREAS, the Board of County Commissioners understands that the Planning an Zoning Commission reviewed the above applications fer 1991 Non-Metro Area Residential GMQS applications and scored them as follows: West Buttermilk Pfister Tract 2 West Buttermilk Pfister Tract 3 West Buttermilk Pfister Tract 4 West Buttermilk Pfister Tract 5 Ross. Resnick 55 58 _. 4S 53 68 51 .t r: and WHEREAS, the Board_of County Commssioners_recognized that there are seven (7) residential allotments available for 1991 in the Non-Metro area and there are a total of six units under application, all of which scored above the minimum threshold of 43 points. ' ... ... .. .... ... ...r v uJJ ~£~ilvia Davis, F'itt:in~'"'1ty Clerk, Doc ~.C~U NOW, THEREFORE, HE IT 'RE80LpED by the Board _of County Commissioners that the 1991 GMQS Non-Metro allotment of the seven units will be awarded to the above listed applications for the Non- ti.~ , ~,._ Metro Area Residential GMQS competition.. APPROVED by the Board at_ts_regular meeting on October 29, 1991. APPROVED AS TO FORM: Timoth hitsitt, County At• ney OF PITKIN OOUNTY, COLORADO Hy Wayne thridge, Ch 'rman Date /O''~°I.91 HOARD OF COUNTY COt•1MISSIONERt3 APPROVED AS TO CONTENT: - Suz ne S. Ron han, County Planning Director Chairman Wayne Ethridge voting ,~(~_ Commissioner Ross voting %/1/t Commissioner True voting ~ /t., Commissioner Tuite voting ,F°w _ Commissaner Crowley voting S ~yt • • ;'~• EXHIBIT 'A' .. . ~.l~I ' #3383C36 11/q6/91 G9: 4b ec ~.Oi?' RI' dbi FG 634 iSilvia Davis, Fitk.i~ Cnty Clerk, Doc $.UC3 sit ~~i C ;a •~ ~~ ~~ c+ N~ w ~~ r~ ~i17, Q ~-,;. si'6' 4 :t ;; ~ j:i~. t %i=~ t;i•: 4s;1< E`'d: [jjCx :i~~ R~ l:i :. -.9 t .. 7. 3 - ^-iii A3~i~EIeS R {'fT i j-. .:._a 3t.3 ~»eR~~R513F t3G5. E' '3' c>>• :•h a 6j e s _. Ia e os ~ _~_~»; ;J _ _,^F f.,_ °S~ 3a7:;v':"I_.f i'.i i' B,R: 'i.f..{ (- :~ _f -, ~ ~"~ t;.. ~~~_ny et '~'ii`S':#:r~ 'i5ja'f.S~':}i ~ -?'k ]i ;~ 1_~ :'1 jl ~ ~ ~`ji3-`iZu "G7 %.~`'i.f-.F~,%3~ x+'ts~»J''t~Ei i~'(. qq ) "i.~ R ~S'. ` ins -'.' S Q~ 1• 13 S; `:'3? t~ 1 ?i;~ ~:ijai:»~8~z ii'~: ';a ~K~i:3 Y~Sn-b'Fy~j~,~aa#"5P ~ jj •I iZ..: i i a~~( a~~•!^-S J~j!"~~_ij~]i''j:~io~~,:_G~'rj;;f 6`~s' ix ~ i#" 'i;i-'Xij"~~'°ii:f%ie;.t:-:»g,~ii.ij3~,'~3=s~S;o •~.i. '~ ~ nl: '~ ~i"til~Z~l.~ii.=. ii r~:.'~;~l~Z.: S!~dj,_:j,',~9~] ~is ~ aj»a ~"'y": x;t':'=~:~~c' !~t ye>]fi>~ :F _~:Sfi 1 ~-_ i =~1 i! )'I :i ,e~ t? ~~I f w i n T_ tF~' i n e =i':s E ~ i~+' 9 D ~~.3 a ~ ~`.~F S• N 5ffx 4 iRvS . r9.q ~tF+ d'• 9 r 11JJt{~_~Vb .11/VN/Yl V`9: gib t~eL.ttt~ LR:661 f'li 63:i. C Slva•a°~ Davis, Fitk:in Cnt~ ler) , Doc 9: 00 '.3l`~' ' ., .~ 4- w« ~UU i ER)II BIT A -- LEGAL DESCRIPTION Continued) Parcel R (Cont.) N. 75°51'26" l•7. 106.99 feet; N.57°09'47" Y7. 98.18feet; N. 7A°39'17" W. 111.D0 feet; thence S. 03°40'54" W. 467.52 feet along a fence; thence East 72.63 feet along the South lineof Tract 85 to a brass qap set for Angle Foint (A.P.) No. T of2racE86,"all in said Township and Range; thence East 17.08 feetalong the South lineof said Tract 85 to a. point on the West"line of said Section 32;.thence ~ S. 00°02'52" W. 164.73 feet to the pbintof beginning. TOGETI3ER WITII any and all water, water rights, d.i L-ch and ditch rights appurtenant to oY'connected with the above-describ- ed .lands. .. ,._.. _.._: STATE OF COLORADO Silt'}=a Davis, Fitkin Cn ,Clem , Doc b.0i~ ... .a,. ... ~. .. ... Exhibit, "(j" Ross Legal Description: A tract of land situate in Tract 64, Township 8 South, Range 87 S9est of the 6th P.M. being more particularly described as follows:. Aeginning at a point on the. East line of said Tract 64 whence AP _. ..~ u~ .. 1 of said Tract 64 bears N O1 degree 45' 04" West 2121.10 feet; thence S O1 degree 45'04" East 504,.55 feet to AP 6 of Tract 64; thence S 89 degrees 19'42" West 1305.64 feet to AF 5 of said Tract 64; thence S 89 degrees 59'44" West 367.09 feet along` the south` fine of said Tract 64; thence l.) N 41 degrees 56'57" E 1059.92 feet; 2) N 43 degrees 27'.47" W 493.85 feet; 3j N 45 degrees 32'17" E 779.91 feet; 4) 5 37 degrees 34'54" E 38.5.17 feet; 5) S 40 degrees 53'43" E 287.79 feet; E.) S 18 degrees 29'04" E 383.57 feet; '1) S 28 degrees 41'11" E 311.35 feet; 8) S 69 degrees 54'01" E .39.82 feet containing 36.223 acres more. of less. thence thence thence thence thence thence thence to the point of beginning, .~; ~~,~~~~d it/l~bibl V'f:46 hec ~ ~~V L+f. 661 FG 63? ~~ ~! i~Va~ ~ .5i•1~Kia Davis, F'itF;in G°~`~ Cler4 ~ Doc '6.'tR~ EXHIBIT "C" ~A Parcel A •"`.R That Dart of the following described property lying with- in Tract 85 of Sections31 and 32, and within Lots Z, 7, 8 and • the SW4Pnai: of Section 32, all im.T. B. S., R. 87 N:, 6th P.M. Beginning at a pointfrom whence the Southwest Corner of j said Section 32 bears S. 00°05'34" W. 642 59 feet'and'f5:'89"58' ~ 30" w, 1316.46feet;~thenceN. 00'°OS'~34"~"C :'"1"99T:09 `fe'et; thence N. 00°08'00"E. 1407.08 feet, more or less to the centerline of a county road known as the Dnkle Lake ttoad as constructed and .~.,~ a in place; thence along the centerline of sai~~Dinkle"La4e`Ti"o'a`d ( the following courses and distances to the point of beginning, ' ' 1 S. X32°37'36" .ta. 103.55 feet; S. 24°52'25" 47. 273.84 feet; . ~ S. 33°01'29" W. 196.Ofi feet; i S. 23°42'4G" W. 520.64 feet; S. 2A°58'55" W. 365.21~feet; ~ S. 34°51'46" W. 361.41feet; '~ S. 16°57'18" ta. 268.56_feet: "I S. 04°59'23" Sa. 169.12feet' ...... _. .... ... S. 13°43'OG" 41. 180.96 feet; S. 16°23'35" W, 206.14 feet; 1 S. 33°41'47" W. 454.59 feet; q ~ S. OB°14'30" E. 405.60 feet; S.~ 26°10'16" W. 66.83feet; S. 52°37'03" W. 159.73 feet; :ac: S. 04°00'56" E. 46.61feet; S. 74°39'17" E. 124.10feet; ~ . ' S. 57°09'47' E. 98.18~~feet; S. 75°51'26' E. 106.99 feet; ' •.. ., N. 54°41'01" E. 108.38 "feet; .. '......... N. 64°46'40" E. 100.77 feet; ' ( N. 69°27'37" E. 74.66 feet; '~' S. 69°52'00" E. 199.33 feet; '~~~ N. 86°38'57" F,. 239.25 feet; It a:` ~' S. 83°59'27" E. 153.-0~S~feet;° ..: .... . .. ., ... .. Via' f~ ~ N. 63°07'SA" E. 151.04 feet; - " S. 87°52'57"E. 118.26 f•eet,' more 'y ~ or less. ' TOGETHER t•;ITH any and a17- water, water rights, ditch and .ditch rightsappurtenant tothe foregoinglands,and specifically ,l ~ including but withoutlimitation .004 cubic foot of waterper se- cond of time out of Priority 123A deczeed~to the Buffalo Ditch in t "' 47ater District No. 38, State of Colorado. d a Parcel B Q~.. --^- ~' its ~ ~ A parcel of land in the S+IbSWh of Section 32 and the SE4SE4 ' _..., , _ a.. '.-_....... of Section 31, all in T. 8 S., R. 87 W., 6th P.M.,aa~d~parcel be-~ ~?, ° ing more particularly described as follows: "- Beginning at a brass cap set for the Southwest Corner of ' said Section 32, thence S. 89°58'30 E 659 23 feet; thence N. ~~.. ~,; .. _l 00°04'13" E. 586.05 feet tothe centerline 'of a county' load; thence .~„ ~ -along the centerline of said county road';~~~as"`const=acted and in i'ti place, the following courses and distances, '~ N. 69°52'00" W. 183.16 feet; ~ S. 89°27'37"w. 74.66feet; ~~ S. 64°46'40" 41. 100.77 feet; ~ ,r,~.•, S. 54°41'01" W. ..108.35 feet; ='~~ EXHIBIT A -- LEGAL.DESCRIPTIOM at:Ca^hed to Warranty Deed between :; Barbara O'Neil Ross, grantor, and Brad A.Resnick and Candace J.• ResnicY., grantees ~ ~ ., °~ ~+ ~"~~.'~~~ --Page One: c, •' Two pages-- I'.~,,, ..... ii35O658 11/12/90 13:39 R~.~~~~ SI. 694 F'Q 230. Si`1va+D~vis, F'itk:in Cnt~ erV , Doc S.OC> ,; RESOLUTION OF THE BOARD ,OF COUNTY COMMISSIONERS C. -. .. _..,,e~ ... .,,.~ n - .;~ ~ N .0 OF PITRIN COUNTY, COLORADO, GRANTING DETAILED SUBMISSION ~_, ~ .~, ~,, PN ' AND FINAL PLAT APPROVAL TO THE RESNItC/K SUBDIVISI ~ Resolution No. 92-~7 '~ ~~ 0 _., e s~ RECITALS - i a u« .~ U 1. Candice and Brad Resnick,, hereinafter ".Applicants", have p ~ +~ c applied to the. Board of County Commissioners_(hereinafter .. u, r.~ "Board") for Detailed ,Submission and Final Plat approval _,~ ~; pursuant to Sections 6-4 and 6-5 of the Pitkn County Land Use oiL s-. ~ ~ P- Code; and ~ ~' ~ •K 2. The Resnick parcel is located at 5353 West Sopris Creek r K .. :-. O Road, more specifically described in Exhibit "A"; and n ti ~ •,, o > 3. The. parcel is zoned RS-30; and. ~ " a~ 4. The applicant. proposes to subdivide 62, acres of land,, into two 31 acre .parcels; and 5. The proposed subdivision has „received the following approvals: a. Resolution No. PZ-91-48: Granting a Lot Line Adjustment and 1041 Hazard Review approval'; b. BOCC Resolution No. 91-142: Granting General Submission approval; and c. BOCC Resolution No. 91-146: Awarding Residential GMQS Allotments. .for the Non-Metro Area; and; 6. The Planning and Zoning Commission heard the Detailed Submission request at a regularly scheduled meeting on June 16, 1992, at which time they forwarded a recommendation of conditional approval to the Board; and Sl::50656 11/1</9~:39 Rec $.(JC7 E+k.: 694 FG 23 ' Silvia Davis, F'i "n Cnty Cler4, 'Doc ~. t~U zap 2 S, ~./ Resolution #92-~ 7 N ~ Page 2 L i.. 7. The Board considered the. application at a public hearing ~ ~' .p u application complies with .Sections G- and determined that the •~ °° . _ ° 4 and 6-5 of the Code... ;4; . a. NOW, THEREFORE, BE IT RESOLVED by the Board that it_hereby ~ ~ grants approval of the. Resnick Subdivision Detailed Submission and e ~ „. u ~. ,T, c '. U the following conditions: to Final Plat subject ~'~ , . .. c .~ 1) Prior to recording of the final plat and covenants, the " ~; following revisions shall be .made:... ~~ U ~ iLL Plat Revisions - ~ m _ a. Existing and proposed utility line locations and ~ .. easements. shall be depicted on the plat. a, ° ~~ ~ b. The intermittent streram lying to the east of the building 01 j envelope on Lot A, and a 20 foot _setbacY, from said ~~ ~~ ~ .~ stream, shall be clearly delineated. on the plat. ~ [n c. The name of the Subdivision shall be shown on the Plat. d. All existing improvements .shall be, delineated on the plat. e. A building envelope shall be established for the existing development on Lot B. f. Building envelope dimensions shall be added. g. A fifteen foot wide easement, from centerline of Dinkle Lake Road shall be dedicated to the County for use as public access to public lands. Said easement-shall be _ referenced on the plat. Revisions to Covenants a. Any amendments to the covenants •which contradict conditions ofapproval referenc'e`dt' in Resolution numbers. ~~~~~ PZ 91-48, BOCC 91-142 and 92 ~ shall be subject to approval by the Board of County"Commissioners. b. Covenants shall address maintenance of the common driveway. 2. Water supply and quality, and sewage system design and e <<:x. ,.. -- #3J~~~JG 11/1/92 13: 39~.. ~.~~C~ PF' 694 PG 232 'Silvia Davis, F'it4:in Cr, .Clerk:., boc ~.C.~O Resolution #92 /~+ 7 '~ N Page 3 ~o ~n , location, shall be approved by the Environmental Health a, ~ Department prior to .building permit application. ~ ~ 3. The new residence shall be subject to air quality regulations a, Q of building permit application. in effect at the time , ,o Prior to recordation of the Final Plat, the applicant shall 4 ~ . submit a park dedication fee of $135.00. c~ u ~ 5. Prior to (or concurrent with) recordation of the_Final Plat, ir a the applicant shall provide an agreement, acceptable to the ,., ~ County Attorney, with the. Mt. Sopris Ditch owners, whereby the ~~ ~ applicant agrees to relieve the Ditch owners of any -. " .+ responsibility for damage to "Lot A" of the development caused , by the ditch, and to 'provide access to the ditch owners for ~? maintenance. ~ i_ .. .w N ~.a APPROVED AND ADOPTED_~ON THE.,29TH DAY OF SEPTEMBER, 1992. ~w ~~.... ,~.,.~, ~ .~..~~ .~.,~a., .«.d.. _.~ -. m ~~ ~ ~~ ;~ BOARDOF COUNTY COMMISSIONERS ~ ~j ~.. OF PITRIN COUNTY COLORADO _ ~,-, ,_, x ~ By ~~~ ~ames R. T/zue, Chairman Date ~ ~ ~=-J 4=- APPROVED AS TO CONTENT: ~, Tim by Whitsit Count Att rney els reso resnick dsbocc [fY)C~1Q~.- Suz a Kon han, Coun y Planning Director APPRPIVBD AS TO FORM: EX}II DIT A -- LEGAL DESCRIPTION Parcel A That part of the following described property lying with- in Track BS of Sections 31 and32, andwithinLOts '2, 7, 8 and the Sl4~N{V~7 of Section 32, all in T. B 5.;R. 87 W'., 6th P.N. Beginninqat a point from whence the Southwest Corner of said Section 32 bear s S.DO°05 '34" W. 642.59 feet and N. 89058' 30" W. 1318.46 feet ; thence N. 00°05' 34" E. 1991.09f eet; thence N. 00°06'00" E. 1407 .08 feet,`. more of less t o°the centerline,.of a county road known as the DinY.le Lak eRoad as constructed and in place; thence along the centerline of sai d Dinkle Lake Road the following courses and distances t o the point of beginnihq, 5. 32°37'36" W. 103.55 feet; " S. 24°52'25" W. 273.84 feet; S. 33°01'29" {P. 196.06 feet; S. 23°42'46" YI. 520.64 feet; 5. 29°58'55" W. 365.21 feet; 5. 34°51'46" W. 361.41 feet; S. 18°57'18" W. 268.56 feet; S. 04°59'23" {u. 169.12 feet; _ 5. 13°43'OG" W. 180.96 feet; 5. 16°23'35" Y). 206.14 feet; S. 33°41'47" W. 454.59 feet; S. OB°14'30" E. 405.fi0 feet; 5. 26°10'18" W. 66.63 feet; 5. 52°37'03" W. 159.73 feet; 8. 04°00'56" E. 48.61 feet; " S. 74°39'17" E. 124.10 feet; S. 57°09'47" E. 98.18 feet; S. 75°51'26" E. 106.99 feet; N. 54°41'01" E. 108.35 feet; N. 64°46'40" E. 100.77 feet; ( N. 89°27'37" E. 74.G6 feet; •~„ S. 69°52'00" E.. 199.33 feet; ,~,~` N. 86°38'57" E. 239.25 feet; .~'- S. 83°59'27" E. 153.95 feet: f ' ~ N. 63°07'54" E. 151.04 feet; '~ '" S. 87°52'57" E. 110.26 feet, more or l ess. lL ~~ et ~ ~ U ~ O '~F Q .~ ~U uT W~ ~ C ,.,U I~~ ~ .~ " ..- ++ C!LL 0• }-N .. ~~ ~~G '~ 0• m~ u --' .~SJI .,. TOGETHER 1•lITll any and all water, waterrights, ditch and ; ditch rights appurtenant to the foregoinglands, and specifically including but without limitation".004 cubic footof water peise- coed of time out of Priority 123A decreed to the"buffalo bitch in Water District No. 38, State of Colorado. tt350658 11/ X92 13:39 F:ec ~ C~~J PF: 694 233 Wt~ia"~',~ K;J ' Silvia DaviF'itb:in Cnty C1er1~,Doc' ~. ,! <: _,;;;:~,~~~~'~"~'~~' ~ _. I `I • 39 11/17/9 11:31 Rec 4•Ui! Rt` 69~•UU 678 ~' ~ Cler4., Doc :4.~5~ ©I 'S-, ~-~ ~, /I 1l8•?.6~ ~~C63°o'7 1~~ 153•NS ~~ Cf #3...rtti8• FitL`in CntY Silvia Davis, OCT ~ '~ '0 Sc-~- e-' t O _~" 0 "0 ~' ~ ' f•1• 2~3f ~j ~ • 1 ` ~ ~ ..u~r.glv~~~ll.~~.~ 05; : ~ . , 4 ~ ~ . ~ 3o W•c. P.o.C3. 151.0' _. ,~l ~!"~ 'l ~f ~~ ~• , Ijt '.~i ~~l ~.` • ~' f! i ~P~ p. \\^^.1l,,~ ,Y ~'4. --- -- ' #350656 11/1~/9~ 13e39 Fe`c x.00 8h.: 694 PG 234 ~'""' Silvia Davis, Fi tk.in Cr Clerk., Doc A. UU B"~ sl4•sa:2~'yi 27~A'! k _ I t .., ,... ~,. 533•ol'27W 146.06' L 0 s I T Q' 523°HY46'W 5xo,6P h ~ •0 L~ C' I (~p6ikk.yyte ~ k Q ~- C' ~ ~ (U.S. Fores•~ $¢rv~e~ 311. p T ~ b SV/''4NW'~y ~ ~0 U ,r Sec. 3i S~c.3z ~1 , i A TBS_.0..8 W. of {1ne 6kkRM. h RI , ~ // L ~ • N ~ (~J S14'S8 SSW 36531' U QI ). o ti C.1 ~ I S34•S r46'W _"-_ _ //j I 36t.4f . •• C ~ 2o'wl.dzaccess ]_L< .-1 Y K • . o p_ .U ~''~ '~+ I 518'5 T IB" W 269.56' 0` Ci / L ti UI I Lo•~ 7 1o wid.n driveuray ~o / si~a, `d O ` m \ •.+ ~ "+ IG 5 ( $4.23'W 164.17_ 2 la •-- , r ~>r~ ~ o °' ~ I ~ a ~ ~ St i 43ob W 180.46' pq, M .~ 3(..01: ~-c.t /"7 / /• II U7 ,-+ a 1 i ~ Wes // Io~4.G5' o ° / / o 533"y l' 7"w 454. ~ ~~ y /~ 'l 6 ~~_ ~~i~~ ~ ~"Tvacl85 ° ~C~00 / / ' Sori W3a~E 4oSbo r '\ excs{~.a Lu~.Ri/.`v~c-z /. 51U°lo'18'W 66.83=z _ /1~ ( / o f NI E. So9ris J7i.~c(l as bul~~--L__/• SSX37 c3'W 15473' 7 I Soo°oo3FE 4861''-+g ~•.• 587°5157"E 118.7E .. ° 4'`x737"C'. 7Y.66'... 574°94'1TE 124.1(1 ~ 3~ WC. -... ~_l 564•SiooC 194.33' po p 557:A'wT6= 9 dN ' T(64'46'4dE 1oa7'7 o N.63 o7 'E IYl.oy' ' S7S:.S'I'2,'C 1+LR9 x54'yi alE 1a0.35' 5835917E 153.45 X~°385TE 23925' _, _- __ ___ _-_ __ ~_ ~_ ~m 0 m L.a~ Ei ~ ~ f.,r SW [ov.~pr Y{ B-~W. 6yy, ~.~ _'1'ce'?1E;9°SN 3501 Ii1P_~44.'.___~ ~°"'"' W ,_ MEMORANDUM TO: Board of County Commissioners Regulaz Meeting -July 8, 1998 TxxU: Cindy Houben, Communit~yjDevelopment Director FROM: Tamara Pregl, Planner ~.1 RE: Resnick Extension of Vested, Rights REQUEST: Pursuant to Section 4-140.30 of the Land Use Code, the applicants are requesting an extension of vested rights fora 1041 Hazazd Review and Gengral, Submission for the approvals granted • . ~ _.- ,_ for the Resnick Subdivision. APPLICANT'S: Candace and Brad Resnick LOCATION: Lots A and B, Resnick Subdivision; 5353 West Sopris Creek Road, near the intersection of Wesf Sopris Creek Road and Dinkle Lake Road.. ZONING/LOT SIZE• RS-30; two 31 acres parcels PROCEDLIRF/PROCESS• An Extension of Vested Rights is a one-step review before the Boazd of _ . ~, County Commissioners. REFERRAL COMMENTS• Referral agency comments are incorporated throughout this memorandum, and are attached for reference. Referrals were received from Environmental Health and~the DiyisJon of K Wildlife. , Kevin Wright of the Division of Wildlife has reviewed he application and has indicated that the one additional wildlife mitigation that should be added since the time o£the,original application: bear proof garbage containers shall be required if bears become a problem with trash/garbage. The Environmental Health Department (EHD) has reviewed this. application has indicated that the approved building envelope is too small to accommodated a well, house and septic system which would meet the required setbacks. The EHD has. indicated that the building envelope is a triangle with a base of the envelope being a little over 100' and a height of about 300'. However, in reviewing the approved and recorded 1041 site plan, the base appears to be 264' and the height approximately 500'. Lee Cassin of the EHD reviewed, this application and was unreachable when this staff memo was. being written. Staff will verify this discrepancy prior to the BOCC meeting to see if this difference in the footage of the building envelope would modify Ms. Cassin's concerns. In addition, the Environmental Health Department has also indicated that the following shall be conditions of this approval: • Documentation shah be received regarding the location of the well within the building envelope and the quantity and quality of the well water (addressed in Resolution PZ-91-48); ~""' Resnick Extension of Vestei .ghts ~ ° - ~ ~ ~ ~~ •~ °~ °~° ° ~ ~ ~ _ ^ °~ °~ ~° , ~ ~ ~'-~ July 8, 1998 Page 2 Prior to building permit, the applicants shall obtain a septic permit (addressed in Resolution PZ-91-48); A Fugitive Dust Control Plan shall be submitted for review and approval; and Prior to building peanit the applicants shall obtain afireplace%woodstove permit. BACKGROUND• An extension of vested. rights was granted for Lot A and B of the Resnick Subdivision in 1995. Suzanne Wolff had reviewed this request. A copy of her memo dated September 27, 1995 memo is attached which covers iri greater detail the issues related to 1041 Hazard of the site such as Geologic, Wildfire and Wildlife. The applicants have been granted the following approvals. • Extension. of Vested Rgal Property Rights (Resolution No. 95-184) ,.,. • Forwarding the 1991 Non-Metro Area Residential GMQS Scores to the BOCC (Resolution PZ-91-96) • Lot Line Adjustment and 1041. Geologic and Wildfire. Hazard Review. (Resolution No. 91- 48) • Awarding Residential GMQS Allotments for the Non-Metro Area applications as forwarded to the BOCC_(Resolution No. 91-146) • General Submission (Resolution No. 91-142) • Detailed Submission and Final. Plat (Resolution No. 92-384) ANALYSIS OF PROPOSAL EXTENSION OF VESTED RIGHTS, _ The following is a review and analysis of the proposal relative to the. applicable standards of Section 4- 140.30 of the Land. Use Code: In reviewing a request for the extension of vested property rights, the Board shall consider, but not be limited to, the following criteria: The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights. Staff Comments: The.applicants have complied with conditions of approval prior to date of their first extension of vested rights application. These conditions have been outlined in the attached staff memo dated September 27, 1995. There were no additional conditions which required performance prior to the date of application for the second extension. of vested rights. 2. The progress made in pursuing the project to date, including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project. Staff Comments: There have been no efforts made to obtain building permits. 3. The nature and extent of any benefits already received by the County as a result ofproject approval, such as impact fees or land dedications. Staff Comments: The easement agreement required by the County for the Dinkle Lake Road was executed and approved by the BOCC and was granted to the County. The required park dedication fee w .a~~ Resnick Extension ofVeste~ gfits ~~ ~~ ~ ' "x"°' "" '~'~`~ ~ ~" "''' ~ °' " "`""~' July 8, 1998 Page 3 has been paid. A housing impact fee for the equivalent of 1.O full-time Category 1 employee is to be paid prior to the issuance of a building permit. 4. The needs of the County and the. applicant that would be served by approval of the extension or reinstatement request. Staff Comments: The applicant's needs. would be serviced as they would be allowed an extended time frame for developmeht. 5. An extension or reinstatement may be in the form of a development agreement duly authorized and executed by the applicant and the County. Reasonable conditions may be imposed by the Board when granting any such extension orreinstatement. _ Staff Comments: The applicants have indicated that_they agree to reasonable conditions imposed by the County to comply with new 1041 Environmental Hazard Review standards adopted. RFC"OMMENDATION Staff recommends that the BOCC pass the following motion "to approve the ~. ~ .~ ....~ tea, ' g p e years; subject fo compliarice'with the conditions. Resnick Extension of Vested Ri hts fora ertod of thre of the attached resolution and previous approvals: Resolution No. 95-186, Planning Commission Resolution PZ-91-48; ResolutionNo. 91-142, and Resolution No. 92-3.84." ATTACHMENTS: A. Resolution B. Staff memo dated September 27, 1995 C. Referral Comments:. Environmental Health Department, Colorado Division of Wildlife Application and Resolutions (No. 95-186; PZ-91-46, PZ-91-4$, No. 91-142, No. 91-146, No. 92-384) are attached separately. ,, . ~~~~4 ., . w~ _ . e _ ,. tiu e , ~ -~; ~ ATTACHNfE~NT"~ `.. MEMORANDUM TO: Board of County Commissioners Regular Meeting -September 27, 1995 THRU: Tim Malloy, Acting Community Development Directo FROM: Suzanne Wolff, Communitybevelopmentbepartment RE: Resnick Extension of Vested Rights _~ - _,.. _ ,., ~_, ~, . ~ ....~,..,.M . , .~. a E.~ ~,~.,, ~..~ ., _~ a REQUEST: Pursuant to Segtion 4 140.30, the applicants are requesting a five year extension of the vested property rights for the approvals granted for the Resnick, Subdivision, APPLICANT: Brad and Candace Resnick APPLICANT'S REPRESENTATIVE;, Tom Smith LOCATION: Lots A and B, Resnick Subdivision; 5353 West Sopris Creek Road, neaz the intersection of West Sopris Creek Road and Dinkle Lake:Road. ZONING/LOT SI~E;_ RS-30; two 31 acre parcels BACKGROUND; The applicants received. approval to subdivide a 62 acre pazcel into two31 acre parcels. One of the parcels, Lot B, was already developed with a single family residence and outbuildings. The Board awarded one residential.,G1VIQS allotment to the Resnicks for he undeveloped lot (Lot A). The Boazd approved the subdivision pursuant to Resolutions No. 91- 142 (General Submission) and No. 92-384 (Detailed Submission and Finai Plat): The Planning Commission approved a 1041 hazazdseview for Lot A pursuant to ResolutionNo. PZ-91-48. STAFF COMMENTS: There are,no proposed changes to the Site Specific Development Plan. County policy has held that subdivisions approved by the Board of County Commissioners retain their development rights in perpetuity. However, this policy does not necessarily protect a development right from future legislative changes at the Local, state or federal level. Since the original approvals were granted, the County has adopted a new T.and Use Code. Staff has reviewed the previous approvals for conformance with current County policies. and regulations. 1041 HazARD REVIEW: The properly is impacted. by the following hazard azeas: wildfire, slopes of greater than 30%, potential avalanche, and wildlife hazard. Tfie Planning Commission found in the original 1041 hazazd review that, atl of the hazazds could be adequately mitigated. Geologic: The building envelope on Lot A avoids the mapped avalanche hazazd area, and is located away from any potential avalanche paths. In his letter dated July 5, 1995, Nicholas :+""^~ Lampiris states that the building envelope is located so avalanche is not a concern. The., _ conditions of approval preclude development on slopes`of greater than 15%. Wildlife: The Resnickproperty is not within any mapped wildlife areas, however, it is located within 1/2 mile of an elk migration corridor which is on BLM land east of the property, and is in proximity to elk calving areas which are ocated to,the south,of the property, across. and above Dinkle Lake Road. The building envelope on the new lot is farther from the calying area than the existing residence on Lot B. The building envelope was selected based on the recommendation of the Division of Wildlife (DOW) so as to be separated and Greened from the migration route and the calving areas. Standard wildlife conditions, including .kenneling of dogs, fencing restrictions, and maintaining native vegetation outside of the building envelope, were included in the approvals and the subdivision's Covenants. Wildfire: The building envelope for Lot A is located on nearly level ground where the vegetation is less dense than on other portions of the property. Wildfire mitigation measures, as recommended by the Colorado State Forest Service and the,Basalt Fire Department, are included in the Covenants. These conditions are consistent with the current requirements of the Code with respect to wildfire. COMPLIANCE WTTII CONDITIONS OF APPROVAL • The Final Plat was recorded in P1at,Book 31 at Page 11. • A Declaration of Covenants was adopted and recorded. • The Easement Agreement between the Resnicks and Pitkin,County for Dinkle Lake Road was executed and approved by the Board. _ • The Memorandum of Understanding with the Mt. Sopris Ditch owners was accepted by the County Attorney and executed by the Resnicks, but was never accepted by the ditch owners.. In the agreement the Resncks agree to relieve the ditch owners of any responsibility for damage to Lot A caused by the ditch, and to provide access to the ditch owners for maintenance. • The required pazk dedication fee has been paid. • A housing impact fee must be paid prior to the issuance of a building permit for a home on Lot A. The applicant has requested a five year extension of the vested rights for the property, however, to be consistent with other.approvals granted by the Boazd and with the discussion of the Board. during the adoption of the new Code, staff is recommending a three year extension. RECOMMENDATION: Pursuant;to Section 4140 30, staff recommends that the Board approve the Resnick Extension of Vested Rights for a period of three years, subject to compliance with the conditions, of the previous approvals: Planning Commission Resolution No. PZ-91-48, and Board of County Commissioners R. esolutions No. 91-142 and No 92 384,. No addit<onal _. .~._.... s..,. .... ,.. w__.u. conditions aze recommendedat this time. 2 wurvF+~&33HU e5wAe ns~.. r,~+ ~ r, .urok:ucva+.mx ..asa3's ti .., ~._ ,~,, ~-T`TACHIVfENT' C <...e. Ewa . ~. ~ ~_ ,.a.. ~~ ,. _.~,. MEMORANDUM ~ ~ ~~' ~ ~ .JUN 1 5 1998...... To: Tamara Pregl, Community Development Department. ~=Y~i~: ~•~ ~ , ~~ conrtw u~iTV` o~;~~~c~~E~r From: Lee Cassn, Environmental Health Department ~j (~ C Date: June 11,1998 Re: Resnick Extension of Vested. Rights Parcel ID # 2465-323-01-001 _ ~. a ...~,,,., ~,:., >., ~ K, o ,..~. ,~. ,~....~ ,...,._ y.~>~ The Aspen/Pitkin Environmental Health Department has reviewed the. details of the_Resnick_ application under the authority of the Pitkin County Land Use Code and has the following comments. ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-17 and 3-1104: __ . <~rv m_, x. . ..., .. .v .Mn...r *PSawrN,a+.¢w.wuv4i a+Ak Xrcs~eVeAxamnwh "It is the policy of the County to insure the availability of a water supply of adequate quality, quanflty; pressure and dependability for fire protection and support of a proposed land use prior toapproval ofthe use. The County shall require land'uses to hook up toezisting public systems if service is available." This Department needs information on the quantity and the quality of water available.. To do this, the owners will need tests of on-site wells done by a water engineer or well driller. The. applicant must ensure that the water quality is acceptable by having it tested by a lab such as the Snowmass Water and Sanitation District or Aspen Consolidated Sanitation District. Before this department ` can issue. a septic permit, the owners must drill the well to ensure that setback. distances between _ the well to the septic system can be met. Pitkin County Land Use Code. requires that. the well site ;. be within the building envelope. It will not be possible to fit a well, house and septic system within this lot's building,_envelope~T-~Tiis is ewe t~Te~kiuifding envelope is very small, and wells must be at least 100 ft. from septic systems (farther for larger housesj. We recommend low water landscaping (xeriscaping), with the timing of any sprinkler systems decreased for low water plants, to minimize depletion of aquifers. Contact the Colorado State University Cooperative Extension. office or Denyer_Water Board for, more information on xeriscaping. We believe the building envelope is too small to accommodate a well (and house and septic system). We recommend the.well be allowed_buts>de the building envelope. SEWAGE TREATMENT AND COLLECTION: Sections 2-18 and 3-1105: °it is the policy of the County to m..~,.~ _.. ,~.,. __ ensure that adequate sewage treatment facilities azeavailable toserve existirig`and"new developments: Pu""bTic aril private sewage clisposal systems r.m~a o~ rsayaca eat. 1 and connections 1o such systems shall comply with the sewage disposal guidelines of Pitkin County's Individual Sewage Disposal System Lots in the West Sopris Creek area use individual septic systems for sewage disposal. All such systems installed within,Pitkln County require septic permits issued by the Environmental Health Department, and must comply with the. County's septic regulations. We are. assuming the well can be placed outside the building envelope, and are using the small map provided. If those are correct, it will still be difficult, if not impossible, to fit a house_and septicsystem-in the building envelope and meet the required setback distances: Here. are some examples of required distances between wells, streams, and septic systems. (The greater the sewage flow, the greater the distance must be between the. septic system and the well or stream. Sewage flows are a function of the size of,the house and the number of rooms that these _~.. . ~,.~:n,.. .~,_..._„ or future owners may use as bedrooms as their family size and situation changes.) Applicants should carefully evaluate this information so they can ensure the house they want to build can meet these setbacks. A 3-bedroom house smaller than 2,000 sq. ft. must have its we11100' from the, eptic system, and the septic system must be 50' from any stream. A 3-bedroom house smaller than 2,000 sq. ft. with an office must have its we11104' from the_septic system, and the system must be 54' from the stream.. A 3-bedroom house with one office that is 2,400 sq. ft. must have. its we11132' from the septic system, and the stream must be 82' from the septic system. A 4-bedroom house with one office that is 2,400 sq. ft. must have its we11160' from the septic system, and the stream must be 110' from the septic system. A 4-bedroom house with one office and one playroom, of 2,400 sq. ft. must have the we11188' from the septic system, and the stream must be 138' from. the. system. A 4-bedroom house with one office and one,_playroom, of over 6,000 sq. ft. must have the we11238' from the septic system, while the septic system musf be 188' from the stream... A house with over 6,000 sq. ft. with 5 bedrooms and. one office in the main house and an attached 2-bedroom caretaker unit, must have the. we11311' from the septic system, while the septic system must be 261' from the stream. The building envelope is a triangle with a base of a little over 100' and a height of about 300'. The r _., house and septic system will each. have a certain footprint, and the~liouse and septic s'y"s'texn"must meet setbacks from each other. The stream is less than 100' from the building envelope. Therefore, if a septic system can be fit in the building envelope, it will have to be in the NW corner of the PrinmJ on RcyAeA PnM~.r 2 triangle. The soils would,also have to be quite good, and the house would have to be small. In other words, we believe the building envelope will need to be larger. The type of soil will determine. exactly how large the septic system must be. The owners will need to obtain site specific soil data.. As a caution, owners should realize that soils tests. can be,done only between Apri115 and Nov. 15 of each year. Building and septic permits cannot be issued without these soils tests. To receive_ a. septic permit, the applicant will need to submit a septic permit application through a Registered Professional Engineer who will design the system. Included in the packet must be percolation test results and profile hole information, site plan with pertinent physical. features, floor plan for the dwelling and caretaker unit and a copy of the County's land use approval. Once we receive the completed application, this Department will analyze and review the proposed septic design. The applicant should. know that it may take from 2-6 weeks to obtain a, well permit (required before septic system design): It may take some time to have soils tests performed and additional time to have the system designed. Since soils tests cannot. be done all year, the applicants should carefully evaluate the schedule to ensure all steps have been taken so the permitting process will be as fast as possible. The leach field. should be in an area ,of no traffic, planted with dry land grass, and should not be watered. It is desirable to locate the system below the house so that the system can operate by gravity. Depending on the exact soil percolation rate, it may be impossible to fit a house and septic system within the building envelope. If it IS possible, the house will almost certainly have to be very small. Since this information was apparently not available when the original application was approved, we recommend that: fhe possibility of slightly expanding the building envelope be explored. WATER QUALITY IMPACTS: Sections 2-14 and 3-705 and 3-710: "It is the policy of the Covnty to preserve and protect its present water resources. To this end it is the policy of the County that noland use be initiated which would adversely affect the quantity, quality, or accessibility of the County's water resources; or which would occur at the. expense of established water-dependent agricultural activities; or whickiwould esult in increased salinizatioriof water xesovmes, loss of mirumum stream' flows, further destruction of wildlife habitat, or major expenditures to reacquire or redistribute major water resources. It is also the policy of the County to maintain a natural vegetafive Buffer along its surface waters suchthat the surface and groundwaters of'the area aze notencroaclied upon by land uses or other Human activifles whiclti could cause deterioration of water quality or impair the natural treatment processes provided by meadows and wetlands." " The Environmental Health. Department will be addressing water quality impacts on down stream water quality. The Department'smission is to preserve and protect the quality of Pitkin County's water resources. Since a large percentage of the population is dependent upon water from wells, elimination of groundwater pollution, andprotection of aquifers. and their drainage areas are of utmost importance. Roofs and asphalt areas can be nonpont sources of water discharge that can P,inmd nn Rerycled Pupee ~:. , :. w.~' .... ._TM~ contaminate water supplies, herbicides can contaminate wells, and fertilizers can impact surface waters. This Department recommends that runoff from buildings and paved areas be retained on the property of origin, by landscaping, detention ponds, or dry wells. AIR QUALITY: Sections 2-13 and 3-602: "Only that development is pemutted which will not contribute significantly to degradation of air quality in Pitkin County. Developments may not constitute an indirect or direct air pollution source under Federal, State or County regulations." Because of its small size, this project should not contribute significantly to degradation of air quality in Pitkin County: FUGITIVE DUST Activities such as road building and landscaping require a Fugitive Dust Plan: This plan will need to include, but is not limited to, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. A condition should be approval by the Aspen/Pitkin Environmental Health Department of the fugitive dust control plan, containing enough measures to ensure that dust. does not become a nuisance or blow onto adjacent property, if road-building or significant landscaping occurs. FIREPLACE 'The less densely populated parts of the county like the Resnick site may have two devices per building. A maximum of one wood burning fireplace is allowed and a second device can be either. a gas log fireplace or a certified woodstove. In addition, unlimited numbers of decorative gas appliances are allowed. Coal may not beburned in any device. Fireplaces and woodstoves may not be installed in barns or agricultural buildings. A condition. of approval for this application. is the receipt and approval of the fireplace/woodstove permit by the Environmental Health Department before the building permit can be issued. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2-7: "lt;s the policy of the County to ensure that no use or development of land is permitted which is in violafion of the laws of the County, the State of Colorado, or the United States of America." This Department is not aware. of any issues of concern regarding other environmental health laws. 0inmd un Recyc4d Pepee STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER John W. Mumma, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 5-6-98 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 RE: Resnick Extension of Vested Rights Dear Tamara: 24~' O,v1510N Op o ~~ h N ' E O 109>Y ~ 5199] Oi MANAGING TOUR WILDLIFE I refer you to the resolution concerning wildlife impacts. The only additional comment I would have is since .the time of the original application, we have been recommending bear proof garbage containers in areas where there could be potential problems. I would recommend that approved bear proof garbage containers be required if bears become a problem with trash/garbage. Thank you for the opportunity to comment. If you have any questions, please give me a call. Since ly, ((/~, Kevin Wright District Wi d fe Manager Carbondale DEPARTMENT OF NATURAL RESOURCES, James S. Ldchhead,EzecuGve Director WILDLIFE COMMISSION, Arnold SalazaF, Chair • Rebecca. L. Frank, Vice Chair .Mark LeValley,Secretary Louis F. Swift, Member • Bernard L. Black, Member Chuck Lewis; Member • John Stulp, Member • James R:1dng, Member r. . '~ ., Candace and Brad Resnick 5353 West Sopris Creek Rd. Basalt, CO 81621 970-927-3045 April 11, 1998 Board of County Commissioners Pitkin County c/o Aspen/Pitkin County Community Development 130 South Galena. Street Aspen, CO 81611 RE: Resnick Application for Extension of Vested Rights Dear Commissioners: 1n accordance with the. provisions of Section 4-140.30 of the Pitkin County Land Use Code, please accept our application for extension of vested property rights with respect to the approvals previously granted for the Resnick subdivision. The subject property is located at 5353 West Sopris Creek Road; near the intersection of West Sopris Creek Road and the Dinkle Lake Road. We received approval to subdivide 62 acres of land into two 31 acre parcels. At the time of application the property was improved with one single family residence,. and no action has been taken to improve the newly created lot. The following approvals were granted by the County with respect to this project and the Ttesolutions aze attached: 1. Resolution No. PZ91-46, forwarding GMQS scores to the Board of County Commissioners with a recommendation for approval. 2. Resolution No. PZ 91-48, granting a lot line adjustment and 1041 hazard review approval. 3. Resolution No. 91-142, granting general submission approval. 4. Resolufion No. 91-146, awazding residential GMQS allotments for the non-metro azea. 5. Resolution No. 92-384, granting detailed submission and final plat approval to the Resnick subdivision. 6. Resolution No. 95-186, granting extension of vested property rights for the Resnick Property. Also, attached hereto are the following documents in support of this application: 1. Proof of Ownership (Deed recorded at Book 369, Page 504) 2. Parcel description, including legal description and vicinity map. 3. Consent from owner(s) to process application. 4. Signed fee agreement (two copies). 5. Total deposit for review of the application. 6. Approved site plan. 7. List of all adjacent property owners, and an addressed envelope for each owner, with the return address of the Community bevelopment Department. 8. Pre-Application Summary. 9. Declaration of Covenants (Book 706, Page 120 and Book 712, Page 755). As can be seen from the attached resolutions of approval, thisproject did not present unique issues that required any conditions not typical for residential subdivision approval in Pitkin County. The project recei6ed a satisfactory scoring in the GMQS competition, and general and detailed submission approval was fairly routine. The opinions expressed in the I4Iay 31, 1991, certification letter remain in effect, as title. issues, including merger, remaing unchanged today. At the time of our first renewal of vested. rights, the 1041 issues of concern were geologic hazard (slopes exceeding 30%), geologic hazard (potential aualanclie), wildfire hazard, and wildlife hazazd, as the property is located near a mapped elk calving area and within one-half mile of an elk migrationroute. Appropriate conditions were adopted to address each of these 1041 issues. With regard to steep slopes, the conditions of approval preclude developmenron slopes exceeding 15%. Conditions for wildfire hazazd were included within the conditions of approval, including a requirement for a reservoir orpond on the property with a capacity of 2000 gallons. Appropriate restrictions are embodied in the subdivision covenants (see attached copy). With respect to the wildlife issue; the property islocated outside mapped 1041 wildlife areas. Randy Cote of the Division of WIldlife stated no objections to the proposed building envelope, which was selected based upon his recommendation. The migration comdor located on BLM lands east of the Resnick property is separated form the property by natural topography. At the boundary of the Resnick parcel, the land rises on a hillside to a ridge on BLM lands which serves as the migration corridor. The'proposed building envelope is well removed form the migration condor to preclude any impact, along with other standazd conditions for wildlife aproval. It should be noted that the existing residence is located much closer to the wildlife areas than the approved new building envelope. The calving area is also naturally sepazated from the property, being located on a hillside south of the property across and above the Dinkle Lake Road which serves as a naiural boundary between the Resnick property grid the calving azea. J .. r ~ .. With respect to avalanche hazazd, the avalanche maps designate a portion of the property located immediately below the Dinkle Lake Road as a potential avalanche hazazd. However, this slope is heavily wooded and there is no evidence of historic avalanches having occurred on the property. In addition, the slope is of moderate length and the building envelope is entirely free from avalanche hazard, by being located outside the hazard and away form any potential avalanche paths. Natural vegetation on the hillside designated as potential avalanche... hazard must remain in place as a condition of approval. It was determined at the time of approval that fiuther mitigation of the hazard was not necessary. At the time of the approval of the `extension of vested rights, Nicholas Lampuis supplied us with a letter indicating that there is no avalanche concern on our property based upon his investigations. A copy of his letter could be supplied upon request. Section 4-140.30 identifies the criteria for approval of an application for extension of vested rights. These criteria were met when we applied for our &rst extension of vested rights and approval of said extension was duly granted. These criteria areaddressed as follows: 1. We have complied with any conditions requiring performance prior to the date of application for extension of vested rights. A Declaration of Covenants has been adopted and is recorded at Book 706, Page 120 with corrective amendments recorded at Book 712, Page 755. These covenants incorporate the conditions of approival regazding 1041 hazards, utilities, and other issues, to assure compliance with. these conditions upon sate of either lot or construction on the newly created lot. In addition, the Easement Agreement required by the approval between the us and Pitkin County was executed and approved by the Boazd and recorded at Book 706, Page 124 of the records for Pitkin County. This easement. agreement provides the County with an easement for the Dinkle Lake Road where it traverses our property. The approvals required us to provide the Mt. Sopris Ditch owners with a Memorandum of Understanding acceptable to the County Attorney. The County Attorney approved the MOU and we executed it, but the ditch owners have never accepted it. Nevertheless, it was recorded at Book 706, Page 129, to show our compliance to date. 2. The application was originally pursued based upon our desire to provide a home and building site for a member of our family. However, no effort has been made fo develop the property for this or any other purpose. While we have not pursued the project in terms of requesting pernrits for development, we have complied with all applicable requirements of the County prerequisite to development, including the dedication of the easement and recording of covenants to assure that property is dedicated to the purposes and restrictions of the approvals which have been granted. 3. With respect to the benefits received by the County, as noted above, the easement for the Dinkle Lake Road has been granted to the County and accepted by it. The park dedication fee required for approval has been paid. A housing impact fee must be paid prior to the issuance of a building pemut for a home on the newly created lot. 4. The granting of this approval would leave the property in its current state, i.e., development density of one unit for 62 acres from the standpoint of actual development. If this application is approved, we will not be required to seek immediately a building pemut for further development of the property. r 5. We are willing to enter into a development agreement duly authorized and executed by us and the County. In accordance with the approvals for this project identified above, it was previously determined that. our originally granted vested rights would expire on September 29, 1995. However, at that time we were granted a three year extension of our vested rights based on our compliance with the additional requirements. that had been encorporated into the code during our original vesting period (see section of this letter which deals with geologic hazazd regarding slopes exceeding 30% and avalanche potential, and wildfire and wildlife hazard). Included in this application is a copy of Resolution No. 95-186 granting the extension of our vested rights. Based on the fact that we were granted this extension and that we were told in our Pre-Application Summary Conference that the Code has not been changed during the last three years, we request an additional three year extension of the vested rights of the approvals referred to above. The County has an extensive file in connection with the approvals previously granted for the property. At the request of the County, we are of course willing to provide any additional information which is deemed necessary in connection with the processing of this application. Very truly yours, ~~ ~ Candace J. and Brad A. Resnick i ADJACENT LAND OWNERS U.S. Department of Interior Bureau of Land Management Glenwood. Springs Resource Area X50629 Hwy. 6 and 24 '.Glenwood Springs, CO 81601 Thomas R. and Rosamond Turnbull P.O. Box 686 Carbondale, CO 81623 Charles L. Jones 1152 Sunset Lane Gulf Breeze,'FL 32561 MORTGAGEES Alpine Bank, Carbondale 0326 Hwy. 133... Carbondale, Co 81623 Resnick.Ex6 ;.`i ` + - #3548 C'i/15/9 i.~i:,°i4 Rec ~~fi. U°'"'''4f; 766 F'G w Silvi. Davis, Fi t4::in Cnty Clerk, ~~c $.~j~ DECLARATION OF COVENANTS RESNICIC _Si1BDI~TISION 120 THIS DECLARATION is made and effective this i= day of '~~ f''`~ ~ , 1992, by Brad A. and Candace J. Resnick (the "Declarant"). Declarant is the owner of Lots A and B, Resnick Subdivision, according to the plat thereof recorded rchrch l~5~ J9 ~>3 , 1992, in Pl t Book .~ i at Pagel l 1 ~ ___ as Reception Number 5' 530 of the records of the Clerk and Recorder of Pitkin County, Colorado. Declarant declares that such property is subject to the covenants set forth in this Declaration. It is the intent of the Declarant that all present and future owners of Lots A and B, mortgagees, and other persons now `or hereafter acquiring any interest in the property shall be subject to the covenants, conditions, restrictions, and easements established by this Declaration, and that such covenants, conditions, restrictions and easements shall run with the. property in order to promote and protect the value, desirability, and attractiveness thereof. 1. The following wildfire mitigation measures shall be adhered to in the construction and occupancy of improvements on Lot B: ._ a. All roofs will be kept clear of debris. b. Oak brush shall be thinned for a distance of thirty feet (30') from each home. Thinning shall result in patches of vegetation with ten feet (10') spacing between the crowns of remaining 'patches. Dead vegetation within thirty feet (30') of the home shall be removed. All vegetation within 10 feet (10') of the home shall be removed with-the exception of low growing grasses and .plants. c. Prior to issuance of a Certificate of Occupancy, the owner of Lot A shall provide a 2,000 gallon underground reservoir or a pond with at least a four foot (4') depth with a dry hydrant. The pond shall be capable of providing not less than 2,000 gallons of water for fire flow. d. Firewood shall be stacked on a contour away from buildings. e. At least one 10 lb. AVC class fire extinguisher shall. be placed in each structure. f. All power and telephone lines shall be .underground. . #35488;"`""~/15/9~ 1J:J~ Fec ~:3r,.~ii~ 706 F'G 121.. " Silvia` ..avxs, F•i't~k:in Cnty Clerk, Uuc ~:OU`~ g. Roof materials shall be of a noncombustible material such as tile, metal, or asphalt. h. The owner of Lot B shall install a fully automatic residential sprinkling system in the home on Lot B with a reserve water supply to be provided as specified by the sprinkler contractor. 2. Development impacts on wildlife shall be mitigated on Lot B as follows: a. All dogs shall be kenneled. b. All fences shall be a `maximum of forty two feet (42') in height, four-strand or less with a minimum kick space of twelve inches (12") from the top wire. c. Native vegetation outside of the building envelope shall be maintained. d. The .owners shall adhere to a 20 foot (20') setback on the intermittent stream which lies to the east of the bulding`envelope. No development shall occur within the setback and vegetation shall be preserved. - 3. No development--shall occur on slopes exceeding fifteen percent (15~) in grade. 4c Prior to construction of a new home on Lot A, the following requirements shall be met: a. Sewage disposal system and water provision for the Lot shall be reviewed and approved by the Environmental Health Department prior to issuance of a Building Permit.. b. The owner shall revegetate all areas disturbed by construction within one growing season of construction. c. Outside illumination shall comply with Pitkin County lighting regulations in effect at the time of Building Permit issuance.' d. All development, with the exception of the access drive improvements, shall be located within the building envelope as designated on the site plan. 2 1i:a548F31 C11,~i/9~ 15:54 Rec ~2p. ~~V B~Ob F'G 122 Silvia s, Fitk:in Cnty Clerk • ~ ,,, ~ Do. ~+. Ut l e. Prior to issuance of a building permit; the owner shall obtain an "access` permit from the County Engineer's office. f. The owner shall comply with Pitkin County air quality standards in effect at the time of Building Permit issuance. g. The owner shall comply with the requirements of Holy Cross Electric Association for a looped service line to serve the property, and shall be required to pay the costs of installation thereof. 5. The owners' use and enjoyment of their. property is subject to the terms of the access easement ,for use.. of the Dinkle Lake Road by the public ~ w. granted~~~to the Board of County Commissiopers of-Pit in County, Colorado, and recorded at Book '~Cl(~ page ~ of the records. of the Pitkin County Clerk and Recorder. 6. The owner of Lot A shall utilize solar assisted water heating, low consumption toilets; and thermal insulation in excess of building code requirements in construction cif the residence. 7. The owners of Lots A and S shall bear equal responsibility for the maintenance of the driveway serving both residences over its entire length, including the`BLM road easement from .its intersection with the `TrTest Sopris Creek Road to the existing improvements on Lot B as shown on the recorded plat of the Resnick Subdivision. 8. Any amendments to these covenants which contradict conditions of approval referenced in Resolution numbers PZ 9/-48, BOCC 91=142, and BOCC 92- shall be subject to approval by the Board of County Commissioners. IN WITNESS WBEREOF the Declar~,ut has duly executed this Declaration this ~•~-- day of _ i.,:'r'Lti 1992. -'L (_. Candace' J. Res• ck Y - #354, ~i3/15/03 15: C4 Fec ~ •U. i~ F;: 706 F'G 123 Silvis, Davis,. F't1 in Cnty Clerk, Doc S.c7G " STATE OF COLORADO) -_ __ _ ss. COUNTY OF PITRIN ) The fore oing Declaratio of Covenants was acknowledged before me on this ` `~- day of ~C~h,l.. -" Brad A. Resnick. ,1992, by Witness my hand and seal. My commission expires: ~~i~~,/'9=~ STATE OF COLORADO) ) 3S. COUNTY OF 'PITKIN`) r ,x' vploJ,yp ~+ti\ ~~: •:.rqi:.~•. ? '~ E ..r ' ~" ~ Il p~~•• µ Notary Public ••:"~~1~,~. " Lry ;.~ '+; ~;. . ~ ,~~~~~4.OIbM The foregoing Declaration of-Covenants was acknowledged before me on this ,. t ~- day of ii. n.i, Candace J. Resnick. "` --,1992 by witness my hand and seal. My commission expires: "/- ,'~ ;. ~ E' i c:~wesi~noca~sassxex.cw ¢ ' .:~ -~ 17)115 DEED. Made uda 18th d.y or ~~~'~ , ~~ ~~ ~:.'~ ~ _-.. between ~Y ,1979. --- ~ BARBARA O'NEIL ROSS________________ the ~! ° sa ht~ls~efs County of Middlesex ° e. usl pert, and and State of - 'BBAD A. RESNICK and CANDACI: J. RESNICK--- whose lcgal.ddreaa is P,O. Box 91, Carbondale,CO 81623 of the Colorado, of the second part: County of Garfield and Stle of __~ ~_.__ ' PILtNGSTA: .l ~-< ", !; WITNESSETH,that tit .a i ~ TEN DOLL can party e(the firstpart, for and in conaidtretion ofthe sum of 1 ' ~' ARS and other good and valuable consideration_________ ________ li and other good and valuable con ' !• eeeond pert, the recei t w aldenhonn to the said party of the fi raC >mRRkx!$ ~ P hereof is hereby <onfeaaed and aeknowled part In hand aid y by these presents does grant bargain, sell; convey and. confirm unto the acid P b the said pareiea of the Rtd, has granted, bargained, Gold and conveyed, and ! ~I asaignsforever. not in tenancy in common but in joint tenant'. all the followingdeacribed lot s 1 land, situate, lying and beinq in the pareiea of aecend pert, their helm and County of Pi [kin or pereeis of I' All of the and State of Colorado. to wit: !'I "EXfIIBIT A real property and real property interests described on the attached ~~ as if y -LEGAL DESCRIPTION" which is incorporated herein b full set forth 3n this Warranty Deedv - -- ~. ~,' y this reference ' PROVIDED, HOWEVER, that none of [he warranties contained in [his Warranty Deed ;shall apply to any pf [he water, water. rights, ditchand ditch ri ~I or referred to in said EKf1IBIT A-_ yEGAL DESCRIPTIONJ, '~! dao known as street and nu Bhts described - mber ! TOCETIIER pith all and singular the hereditament end a ., ppurtenaneea thereunto belonging, or in anywise apper- ne and the reversion and reveraiona remainder and remainders, rents, issues sod to• a •^Bht. t(tie, interest, claim and demand whatsoever of the said petty of the @at part either in law ore alt o the above bargained premises, with the hereditaments ands Profit thereof; and ell the TO NAVE AND TO HOLD the seed - PPUrtenaneea: - R Y. of, in Oartfes of the eeeond Premtee above tisrgaiaed and daaeribed, w' part, their heirs end eeaigna forever. And the acid nh the appurtena ezecutora, and ,dminlattttora, does covennnt, seta, unto the eaid ' [heir heirs and aaei grant. bargain ends Party of the first pert, for himself, hie heirs, gns, that at eke dme of the enaeelin gree td and with the said pareiea of the second pert ! above conveyed, •a df good, sure, perfeel, absolute and ndefeaaiblt eatnteeof inhentmceein ~ w' io fee simple nand has Nod right, tali power and lawful authority to grant; bargain, aril and epnvey the acme in manner end formnforenaid, ! and that the same are free and clear from ell format and other eneum(rsnees of whatever kindor net ~ forthe Veat tats ~.._ peaoeve. EXCRVT'__Rranb. bargains; sales. l;.... ._._ I --.--- --- -~=mencs and ri - - "'° "u nook 193 a[t'Pa=e ~~~ 1~y [kpin ~~t~~ State of ° o record or teat; S 8 [s-of-way of either a uK Colorado or any-of its UBJECT TO land-use restrictions imposed priva [e t+' n end the about bar wined remiaex in ebe uiet andi tical subdivisions; y the ~ R p peeeeabie possession of the said parties of the aerond pert, the f ' i~ survivor of them,;heir assigns and the he ra and amigos of such survivor, against all and every t 1 lsw(ullydeiming or to Balm the whole or any pare thereof. the said party etthe tint pert shell end will WARRANT AND h ' i! FOREVER DEFEND. Person or persona` 1 •, i ~! shall be spplitabie to ali genders. The singular numher ahal(include the plurnl, the plural the aingulaq and the use of en ~'':' IN WITNESS WREREOP the aoid art ]Render' ' I above written. P Y of the /first port has hereunto set his hand end aeai the da Y end Year fine i Signed, Sealed and Delivered in the Prxaence of ~~ Bata. 'NGi oss -SEAq ! '' SEALI '~' STATE OF MASSACHUSETTS 1 SEgLI ntYolesex (ss. The foregoing lnetrument win"~eknowledg<d before me thin by BABBARA O'NEIL ROSS .:.~ a... _. .. ! EY Cemmiuion exp(ra S[~t~tJr`v L~'y Ne. t71A. wARM\Tr pggp._TdN~l baa~,,,-GryryaM OUf1 an/M1rd ~.e,,.n,nx Ce.,tn/ya 9rseta4r~t'~~t~,t,~~~~.~, ~ L~' ~~ ~.: ~ .(.3E9 ; .:505 EXHIBIT A -- LEGAI, DESCRIPTION Parcel A That part of the following described property 3ying with- in Tract 85 of Sections 31 and 32, and within Lots 2, 7, 8 and the SW~NW'~ of Section 32, all in T. 8 S „ R.67 SP., 6th P.M. Beginning at a point from whence the Southtest Corner of said Section 32 bears S, 00°05'39'" W.692.59 feet and N. 89°56' 30" W. 1318.46 feet; thence N. 00°05'34" E. 1991.09 feet; thence N. 00°08'00" E. 1407.08fee t,moreor less to the centerline of a county road known asthe Dinkle Lake Road as constructed and in place; thencealong the centerline of said Dinkle Lake Road the following covrsesand distances to the point of beginning, S. 32°37'36" W. 103.55 feet; S. 24°52'25". W•. 273.84 fee t; S. 33001'29" W. 196.06 feet; 5. 23°42'96"W• 520.64 feet; S. 24°58'55" W. 365.21 feet; S. 34°51'9fi""W. 361.41 feet; 5.18°57'18" W, 266.56 feet; S, O4°59'23" TV. 169.12 feet; 5..13°43'0.6"W• 160.96 feet; S. 16°23T35"P7, 206.14Eeet - S. 33°41'97"W.• 454.59 feet; S. OB°14'30" E. 905.60 feet; S. 26°10'18" W, 66.83feet; 5.52°37'03" W. 159.73 feet; S. O4°00'56" E. 48.65 feet; - S. 74°39'17"E• 129.10 feet;. S. 57°09'a7'~E. 98.18 Eee t; S. 75°51'26" E. 106.99feet; N. 54°41'01"-E - ~ 108.35 feet; ' ~ N. 64°96'AO" E. 100.77feet; t7, 89°27' 37" B. 74 . 66 feet; ' S. 69°52'00" E. 199.33feet; _~,y N. 66°3.8'57"E. 239.25 feet; ~'~-' .5.83°59'27" E. 153.45 feet; • N. 63°07'54" E. 151.04feet; S. 87°52'57" E. 118.26 feet, more ' ~' ~' or less. TOGETHER WITH any and allwa ter, water rights, ditch and ditch rights appurtenant to the foregoing lands, and specifically including but without limitation .009 cubic foot of water per se- cond of time out of Priority 123A decreed tothe BuffaloDitch in Water District No. 38, State of Colorado. Parcel B A parcel of land in the SW45W~ of Section 32 and the SEISE; of Section-31, all in T, B S., R. B7 w „ 6th P.M., saidparcel be- I >.ng .more particularly described as follows: Beginningat"a bzasscap set for the Southwest Corner of said Section 32, thence S. 89°56'30" E. 659.23 feet; thence N. I{ DO°04'13" E. 586.05 feet to the centerline of a county road; thence I along .the centerlineof said county road, as constructed and in place, the following coursesanddistances, N:69°52'00" W, 183.16 feet; S. 89°22:37" W• 79.66 feet; I S. 64°46'40" t4. 100.77 £eet; 5..54°41'01" W. 108.35 feet; EXHIBIT A -- LEGAL DESCRIPTION attached to WarrantyDeed between Barbara O'Neil Ross, grantor, Resnick, grantees and Brad A. Resnick and Candace J. ~:. _ ._ .~. ~ _ ,.~ ~36J~, .506. ~ ~ ~. EXIII EIT A -- LEGA I; DESCRIPTION ... (Continued) Parcel D (Cont.) N. 75°51'26" SV. 106.99 feet; N. 57°09'47" W• 98.18 feet; N. 74°39'17" [u. 111:00 feed ` thence S. 03°40'54" W. 4G7.52feet along afence; thence East 72.63 feet along the South line of Tract 85 to abrass cap set for Angle Point (A.P.) No. 1 of Tract 86, all in saidTOwhship and Range; thence East 17.08 feet along the Southline of said ` Tract 85 to a point on the Westline of said Sectioh32; thence t S. 00°02'52." W.189.73`feet tothe point ofbeginning. TOGETHER tPITllany and all water, water rights ditch and ditch rightsappurtenant to or ~connec ted withthe above-describ- ed lands. STATE OF COLORl1D0.... .... '... rnnnrmv nr.''nrmvrv .:::. ...... .. ... .... .... RPR-07-1558 1429 FR0h1 AS-F'EN/PITKINCOI~"DEI.~ TO 55^c?3051 F.01 ... .. ,r-. ,. ~~ PITI£LN COCTNTY _ F3 ~~ ~ 1 VE ~ al'r~ ~ 1998 PLANNER: Gabe Preston DATE:3/3Q/93 40MMUNI7rDEVELOPMENT PROJECT: Resnick Extenston of Vested Rights LOCATIONS 5353 W. Sopris Creek Rd. REPRESENTAT[VEi self Phone: 427-3056. GVy'NER: Candace Resnick Fax: 927-3091 Type of App&catian: Extension bf Vested Rights Description of ProjecdDevetnpment: Request for an extension;ot the vested rights for the Resnick 1041. _ , hazard Review. The uriaianl at~tn~rvaiswc~r for A subdivision grnntcd itt ILesotutionc 91 112 General submission) and 92-384 (detailed submission and final plat) and a 1041 hazard review for Lot A in Resolution PZ-91-48. A previous extension of vested rights was granted 9/27795 by Resolution 95-186. band I)se Code Sections 4-140.30: Extension of Vested_Rigltts 4-50: Cme step review procedure 5-50: Submission Requirements Review by: BOCC, only Pnblic Hearing.' YES. A' public notice sign shall be posted an the property at least 15 days prior to the hearing: Referral. Agencies: Environmental Ilealtlt, Division of Wildlife PlanningDeposit_ $1,110 Referral Agency Pees: $110 (Clerk}+ $160 {Environmental Health} TOTAL DE??OS1T: $1,384 (additional hours are tilled at a rata of $13plhour) To apply, submit 10 copies of the following information (unless noted other^wise): 1. Proof of owne;ship of subject property 2. Parcel description, inotuding legai description and vicinity map 3. Consent from: owner(s) to process application and authorizing the representative (if applicable). 4. Signed fee agreement (two copies) 5. Total deposit for review of the,application 6. Summary letter explaining the request and addressing the. Code sections above. Surnmat>7e 1041 ~ ,_ , concerns which were initially reviewed and mitigation measures which were approved. 7. Approved Site Plan 8. Original approvals (ie. resolutions) 9. List of all adjacent property owners, and an addressed envelope for each owner, with the return address of the Community Development Department. 10. Copy of this preapp form. RPR-8?-1'3?B 14 29 FROh1 RSFEN/FTT4~ I N `~'Oht D'cU TO 9927~~'R1 P: 62 `i'R .'s-..ss... n. wry~»~f* Wwu xv, .. w.kK M....u«dm.9r.r .. ~u `u~ ti P.` a fir. .. This application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based pn current zoning standards and staff's interpretations based upon representations of the:applicant.:4dditional inforinafron may° be required upon complete. review of the application. ~- ~: ~. _ _w ASPEN/PITKIN COMMUNITY DEVELOPMENT,DEPARTMENT~4 Agreement for Pavment'of Pitkin County Development pplication Fees PITKIN COUNTY (hereinafter COUNTY) and ~-~~ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an„application for ~j< T~7r/Si0 /y O F UL~T~p r'/~~7-S (hereinafter, THE PROJECT). 2. APPLICANT understands and,. agrees that Pitkin County Resolution No. 96-52 establishes a fee structure for Planning applications and the payment of all processing fees is a ,condition. precedent to a determination of .application completeness. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the. full extent of the costs involved in processing the application. APPLICANT and COUNTY further agree that it is in the interest of the parties. to all APPLICANT to make payment. of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly .basis. APPLICANT ...agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefted through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. COUNTY and APPLICANT further., agree that it is impracticable for COUNTY staff. to complete processing or present sufficient information to the Planning Commission 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. _. ..._ u° _ ~ 7. This fee structure shall be reviewed annually as part of the County budget hearing process and should any adjustments be necessary, they shall be changed to become effective on January L 8. The Community Development Department shall identify, prior to or at the time of submission of a land use application, whether an application is to be referred to the Engineering, Environmental Health, Wildlife Officer, or Housing Departments or whether a County Clerk Administrative Fee is required. The Community Development Department shall also identify whether an application constitutes a minor or a major referral, based on the number of hours which will be required to review the application, and charge the applicant for each referral accordingly. Additional Billings and Refunds shall not apply to the computation of referral fees. In the event that staff determines that special expertise is required to assist the Community Development Department in the review of a permit application such costs will be borne by the applicant. f.~. h w .,_ . ,. x..,._ ~w ~. 4, .. ... 5. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for. hours of Planning staff time, and if actual recorded .costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the processing of the application mentioned .above, including -post approval review. 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 Cindy Houben Community Development. Director APPLICANT C~dt ~L~~4 C ~ ~ . ~ ~~~r//C/c Print me ~~ {~~ l ~l /' Signature Dates ~ ~/9~ Mailing Address: ~~~ ~~~CO ~/6 z g: \suppo rt\fo rms\agrpay.doc 2/19/98 .~< ,~ ASPEN/PITKIN COMMUNITY DEV`EL~P~TENT DEPARTMENT Pitkin County Development ApplicationFee Policy Pitkin County, Pursuant to Board of County Commissioners Ordinance No. 97-48, and 98-7 has established a fee structure far the processing of land use applications. A flat fee or deposit is collected for land use applications based on thetype of application submitted. Referral fees for other County departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the Aspen/Pitkin Community Development Department. Applications will not be accepted for processing'without the required application fee. A flat fee is collected by Planning for Staff Approval which normally take a ' minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Planning when more extensive staff review is required, as hours are likely to vary substantially from one application to another: Actual staff time spent will be charged against the deposit. After the deposit has been expended; the applicant will be billed monthly based on actual staff hours. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as ..required, no new. or additional applications will be accepted for processing until the outstanding fees are paid. Outstanding balances must. be paid before a Land Use Takings Determination is heard before the Board of County `Commissioners. In no. case will Building Permits be issued until all costs associated with case processing have been paid. After the final action on the project, any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an ~greem „r fir payment of Development ~lication Fem. The Agreement establishes the applicant as being responsible for payment of all costs associated with. processing the application. The Agreement must be signed by the party responsible for .payment and submitted with the application in'order for it to be accepted. The complete fee schedule for land use,applications is listed on the reverse side. "1~ h' i ' Aspen/Pitkin Community Development Department Ptkin _County 1998 PLANNING APPLICATION FEES The categories of review processes and base fees for the. processing of land use applications shall be as follows: CATEGORY .FEE LAND USE APPLICATION FEES Major Deposit _ _ $2,220.00 ll~linor Deposit 1;110.00 Administrative Deposit 460.00 Flat Fee 255.00 Hourly Rate 185.00 LAND USE REFERRAL FEES HOUSING, COUNTY ENGINEER, and ENVIRONMENTAL Major $320.00 Minor 160.00 COUNTY CLERK ADMINISTRATIVE FEE 11'lajor $600.00 Minor 300.00 Insignificant 110.00 A. The following guidelines shall be used for the administration of the fee structure set forth above: L Fees charged for the processing of applications which fall into more than one category shall be cumulative; while the. fees charged for the processing of applications within the. same category shall not be cumulative. In the event that the fees which result from cumulating are found by the Community Development Department to be excessive in relation to the number of hours it is anticipated to require to process the application, the Director may waive the cumulating requirement. 2. All deposit based land use. applications shall be submitted with a signed Agreement for Payment of Development Application Fees. 3. The Community Development Department staff shall keep an'accwate record of the actual time required for the processing of the land use. application and Additional Billing shall be made ,commensurate with the additional costs incurred by the County when the processing of an application by the Community Development Department takes more time than is covered by theBase Fee. Inthe event the processing of an application by the Community DevelopmenfDepartrnent takes less time than provided for in subsection A; the Community Development Department shall refund the unused portion of the Base Fee. 4. Additional Billings shall be based solely on processing time spent by members of the Community .Development or its designee in the processing of an application. 5. Additional Billing shall be computed at the rate of $185.00 per hour of additional. Community Development Department staff time required. Refunds of unused hours shall be made at the rate of $185.00 per hour of time. 6. The Community Development Department Director shall establish appropriate guidelines for the collection of AdditionalBillings as required. ASPEN/PTTHIN COMMUNITY DEVEI:OI'MEI~T DEPARTMENT ~ ., . - 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090~FAX (9'~0) 920-539 ~ ~ ~ ~ `~~ ~ ~~ ~~ ~ _ ~~~ MEMORANDUM TO: Env. Health Division of Wildlife FROM: Tamara Pregl, Community Development Department RE: Resnick Extension of Vested Rights Parcel ID #2737-184-02-003 DATE: Apri128, 1998 Attached for your review and comments is an application submitted by Candace Resnick. The Board of County Commissioners will review this application. Please return your comments to me no later than June 12, 1998. Thank you. I{iN COIVIIVIDNITY'DEV>~I:OY'1VIENT D~EPARTIVI~N'I' ` ., 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5090 FAX# (970)920-5439 April 28, 1998 Candace Resnick 5353 W. Sopris Creek Road Basalt, Colorado 81620 Re: Resnick Extension of Vested Rights Case #P50-98 Deaz Candace, 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, Plaza One Conference Room, 530 E. Main St., Aspen, on Wednesday, July 8, 1998 at a meeting to begin at 3:00 P.M. 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 the subject property with a sign at least 15 days of the public hearing and to remove it from the property within one week,following the hearing. Please submit the enclosed Affidavit of Nofice by Posting as proof of compliance with the Code prior to or at the hearing. If you have any quesfions, please call Tamara Pregl, the planner assigned to your case; at 920-5103. 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