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HomeMy WebLinkAboutpitkin.planning.246536400014 (2007)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) 2465-364-00-014 DATE RCVD: 5/15/2007 # COPIES:F CASE NO P072-07 CASE NAME Woodward Constrained Lot TDR Planners lEzra Loulhis PROJ ADD Bear Ridge Rd Section 36 S -T -R 36-8-87 OWN/APP: I Woodward Bob ADR 21 SE 3rd St C/S/Z: Evansville, IN 47708 PHN:F- REP: I Haas Land Planning ADR: 201 N Mill St Ste 108 C/S2: Aspen, CO 81611 PHN: 925-7819 Email Addr: IALLOCATED HOURS: FEES DUE: 5974 FEES RCVD: 5974 #23824 % OVER: 4.8 REFERRALSIDOW REF: 5/21/2007 BYFJ DUE: 6/22/2007 MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: 7/11/2007 7/11/2007 BOCC yes 6110/2007 BOCC Reso: Ofi0-2007 #540955 BOCC Ord: REMARKS Re-recorded BOCC Reso #541861// no vesting PZ: HRG OFF: CLOSED: 8/16/2007 BY: bj HO INDEX: ADMIN: PLAT RECORDEDI PLAT (BK,PG):n/a ADMIN INDEX: VR APPROVAL DATE:I VR EXPIRES: F CASE TYP: lconstainedlottdr CASE TYPS: CASE TYP2: CASE TYPE: CASE TYP3: CASE TYP7: CASE TYP4: Date Scanned: 8/16/07 File Location: IFF Box #266 DECISIONS RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING TWO CONSTRAINED SITE TDRS FOR PARCEL 15 OF MAJESTIC PEAKS POINTE (SECTION 36) TO ROBERT WOODWARD Resolution No.rJ -2007 RECITALS 1. Robert Woodward ("Applicant") has applied to the Pitkin Board of County Commissioners ("BOCC") for a constrained site determination and issuance of a Transferable Development Right(s) ("TDR") pursuant to Sec. 6-7040.a.7 of the Land Use Code ("Code"). 2. The parcel is bisected by Bear Ridge Road, is referred to as Parcel 15, Majestic Peaks Pointe (Section 36), and is more specifically described in Exhibit A. fi 3. The parcel contains 35.034 acres and is a conforming size parcel in the RS -30 zone district. 4. Section 36 was divided into separate 35+ acre parcels in 1974. Parcel 15 is undeveloped. w 5. The BOCC reviewed the request for a determination as to whether the site is "undevelopable or severely restricted" and, therefore, whether it would be appropriate to grant a constrained site TDR(s) at a duly noticed public hearing on July 11, 2007, at which time evidence and testimony were presented with respect to this application. L O 6. The BOCC finds that the parcel is undevelopable or severely constrained pursuant to the Code, based t V on the following: A. The property contains elk migration corridors, where development is prohibited within '/4 mile of —� the corridor by Section 7-20-70.d.5 of the Code. B. The parcel is in close proximity to public lands (BLM and US Forest Service). 7. The BOCC finds that the parcel is eligible for the issuance of two TDRs for a constrained site. I NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Pitkin County, Colorado, that due to the fact that the parcel is undevelopable or severely constrained under the Pitkin County Land Use Code, that two constrained site TDRs shall be granted to the Applicant or successors in interest for Parcel 15 of Majestic Peaks Pointe (Section 36), subject to restriction of the Prupel ty in Perpetuity against any and all future development, as defined in the Land Use Code, by recordation of a Restrictive Covenant. RECEPTION#: 541861, 09/10/2007 at 03:31:22 PM, 1 OF 3, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RECEPTION#: 540955, 0811412007 at 08:56:48 AM, 1 OF 5, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Resolution No. JV -2007 Page 2 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 10"' day of June, 2007. APPROVED AND ADOPTED ON THE 11"' DAY OF JULY, 2007 ;T: QTS+ li I - Jones Clerk and icorder APPROVED AS TO FORM_: ---� 1 A�John Ely County Attorney PID #246536400014 Case P072-07 BOARD OF COUNTY COMNIISSIONERS OF PITKIN COUNTY, C R LORADO Y. B Y Michael Owsle , Chair Date l7l -1 lt�� APPROVED AS TO CONTENT: k' N (tlffi'dy'?IoTber� Community Development Director 0 0 Exhibit A LEGAL DESCRIFTION Tkal portion ofth. Sortb 1!Z ofSxtiev 36, Township 8 South, Rxogc 87 trey( oftbc Sixth Fri acipnt hicridian, rinds C9astty, atersda, bcutg toMMOnly 1ur"tr as Lot I f4 tliajtitit Pralt ratrtc Subdivisiaa Exmnptian and bring mDrrpurticuiari7 Ce5.,rlbed as fnilows; Stginatrkg at a Foist ort tic 5autherly stcoon liot orslid Sceiion 36 When= tlic southasst corner or said Sonata 35 a i1.&CuL a Brass Cap found In place, biers td 86' :9' 56" E a distance of 17tF5.5_5 feet,'Whit all l eariags bring reludvc ID the beAriag bi`ii mil said SDnthtast comer orScciiDC 36 Lnd Iirr! mst 114 corner afsaid Sertinn 36 t V.S.C.La. grugs Cup found In phi= U:ink a IrmiriaE of b' Lot D0' SS" tV bthvccs, the tvvv described moaumcats; Thunct, aluag said Southerly secticn One S 86.2,r' SG' W 0 diSMnct of 519,40 feta to the South 114 k:orrttr of sold Section 36 a 6.S..G.L.Ca. Brass Cnp found in Platt. Thcrxe, rttritiumng niongsaidSeuthtrly S±tltn,+t lint 589°35' 041, IV n dist., of 181.77 Foci; tlspttrtItt93Wd=ttiort liac N DIr Q0' 00" E a distuatc ar139.02 fr_c1 to u point an the ccalerilfle arm strty font tight afvray tits# atilk rttsctutat d=rib -:d Ill Book :yi 1d Pagc 795, ThtDct. moat said crnicrtinc tilt fL11evvin, fou- (4) roarsrst T1 1 t2.30 Cert alasg tba crr of n mn-e is tete right havirg a 14:.50 fact rmdlms, a rMtr al magic a r8E' dam' t17" and 3tAricodhig a rtmr$ bearing vrN 45' 37 34" tY s disian:eof 101.41 rent, zi Thk'ACe, N 01" 15' 00" W a distaucedtf365.00 retL 31 T'benrrr, $77,[13 feet airing tht arettf z curet to file teff hatiiag a 300&110 rock rt dius, n etntrui artgia or 35° v O0" sad subtettd)nr m chard 5eartng ary 05`37'31111 W a distance arB73,91 feet, 4) Thrace, 41,90 fest slang zbe ar. of curve to the right, havrng n 41U.A0 FeDI radius, a ct ntrxl arr„ 1t Of tf5o 00' 25° 411d snbtendhIC s cleand besring orr 140 59.59" W n dislunce Dr41.E8 rcrL 771rhtt! deft frog said cetterli:neS 88° 59' 0'0" > a diskante of 1764.99 feet: Thcncc. S 00' 00" ODI -W a distancc or 13mio r_-c� in fhc poral or begtnn tttr, 70GETl3Eit 11'i'i I tba5f Eastmtnts appurienomi to sail prartcrty as Crrtttrdl defined and established by itrttrumeat racnrdLd Qr:tober Zi_ 1371 in Book 2A2 at Prtbr 791. County of Firkin. Swtt of Colorada. ;31so knmc*a tystmct and avmbcrus: htsjcsiic yaks Pulntr, 8usnh, CO 52621 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING TWO CONSTRAINED SITE TDRS FOR PARCEL 15 OF MAJESTIC PEAKS POINTE (SECTION 36) TO ROBERT WOODWARD Resolution No.(l -2007 RECITALS 1. Robert Woodward ("Applicant") has applied to the Pitkin Board of County Commissioners ("BOCC") for a constrained site determination and issuance of a Transferable Development Right(s) ("TDR") pursuant to Sec. 6-70-40.a.7 of the Land Use Code ("Code"). 2. The parcel is bisected by Bear Ridge Road, is referred to as Parcel 15, Majestic Peaks Pointe (Section 36), and is more specifically described in Exhibit A. 3. The parcel contains 35.034 acres and is a conforming size parcel in the RS -30 zone district. 4. Section 36 was divided into separate 35+ acre parcels in 1974. Parcel 15 is undeveloped. 5. The BOCC reviewed the request for a determination as to whether the site is "undevelopable or severely restricted" and, therefore, whether it would be appropriate to grant a constrained site TDR(s) at a duly noticed public hearing on July 11, 2007, at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that the parcel is undevelopable or severely constrained pursuant to the Code, based on the following: A. The property contains elk migration corridors, where development is prohibited within '/< mile of the corridor by Section 7-20-70.d.5 of the Code. B. The parcel is in close proximity to public lands (BLM and US Forest Service). 7. The BOCC finds that the parcel is eligible for the issuance of two TDRs for a constrained site. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Pitkin County, Colorado, that due to the fact that the parcel is undevelopable or severely constrained under the Pitkin County Land Use Code, that two constrained site TDRs shall be granted to the Applicant or successors in interest for Parcel 15 of Majestic Peaks Pointe (Section 36), subject to restriction of the Property in perpetuity against any and all future development, as defined in the Land Use Code, by recordation of a Restrictive Covenant. RECEPTION#: 540965,08/1412007 at 08:56:48 AM, 1 OF 5, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Resolution No. &-2007 Page 2 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 106' day of June, 2007. APPROVED AND ADOPTED ON THE II"' DAY OF JULY, 2007 Jones Clerk and APPROVED AS TO FORM: John Ely County Attorney PID #246536400014 Case P072-07 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, C LORADO 'y. By Micha el Owsle ,Chair Date17 I� APPROVED AS TO CONTENT: '.. -(u �' r+ m y ouben Community Development Director 6&0-9M7 Y sunk 610 +-A,;.' 864 EXHIBIT "A~ LC -GAL DESCRIP?ION SECTION 36 PARCCL NO. 16 A parcel of Land situated in the Southeast 1/4 of Section 36, Township B South, Range 07 West of the 6th Principal Meridian, being more fully described as follows: BEGINNING at the Southeast corner of said Section 36; Thence following tl,e South line of said Section 3e, 5outh 86'29'56' West 1734.95 feet; Thence North 0159'45" East 1397.42 feet; Thence 152.80 feet along the arc of a curve to the righL having e radius of 300.00 feet, the :Ford of which curve bears South 6;1045'28" East 151.15 feet; Tltr_nce South 51'10' East 352.00 feet: Thence 411.68 feet alun7 the arc of a curve to the left having a radius of 850.00 feet; Thonce 411.03 feet alori0 the arc of a curve to the left having a radius of 900.00 feet: Thence 127.99 feet along the arc of a curve to Lila left having a radius of 160.00 feet: Thence South 22'18'53" East 981.44 feet to the point of beginning. _ TOGETHER with any and all easements and rights-of-way appurtenant to the above-described real property, including, but not limited to the following easements: A non-exclusive easement or right-of-way for road purposes and for location of utility lines over, through and across a tract sixty (60) feet in width, being in Section 25. Township a South, Range 07 West of the 6th Principal Meridian, the centerline of which is more fully described in Book 234 at Page 703 and _n BooK 245 at Page 195, Pitkin County, Colorado, records: F.asement_ N _ A non-exclusiv3 easement or right-of-way for road purposes and for the location of utility line over, through and across a tract sixty (60) feet in width, being in Section 25, Township a South, Range e7 West of th% 6th Principal meridian, Granted by that certain Special Land Use Permit C-7694 issued by the Department of Interior, Bureau of Land Management. EQpgmgnt tig- 2- A non-exclusive easement or right-of-way for road purposes and for the location of utiii;•y lines situated in Section :36, Township 8 South, Range 97 West of the 6th PrinclPal Meridian, Pitkin county, Colorado. Said easement is 60 feet in width, lying 30 feet on each side of the following described centerline: BEGINNING at a point on the North One -Quarter Corner of said Section 36 beers North 99949'2E1' East 315.70 feet; Thence South 73'39'10" West 24.57 feet; Thence 89.52 feet along the arc of a curve to the left having a radius of 61.00 feet; Thence 147.23 feet aloin; the arc of a curve to the riglit leaving a radius of 97.00 Feet; Thence 125.11 feet along the arc of a curve to tl,e left (laving a radius of 23C.00 feet; Thence Louth 66 00'00" West 82.00 feet; Thence 3.25.54 feet along the arc or a curve to tlee left Laving a radius of 95.00 feet; Thence South 09'35'00" East 195.00 feet; Thence 06.53 feet along the arc of a curve to the right having a radius of 250.00 feet.; Thence 129.81 feet along the arc of a curve to tlee left having a radius of 250.00 feet; Thence South 08000'00' West 128.Oo feel; Thence 316.67 feet along t1e3 arc of a curve to the right linving a radius of 252.00 feet; Thence South ao'00'o0" West 279.00 feet; Thence 131.74 feet along the arc of o curve to the left having a radius of 146.00 feet; continued C �i t,11 nr Thence South 29"00'00" West 330.00 Feet: Thence 124.39 feat along the arc of a curve to the loft having a radio:= of 305.00 feet: Thence South 05°30'00" West 982.00 Foot; Thence 77.32 feet along the arc of a •_urv8 to tlir lr`t having a radius of 75.00 feet, tl+e chord of which curve hears ;lorth 66'-,6'00" East 73.94 feet; Thence North =!,'34'00" East 740.00 feet; Thence 445.00 feet n.iong the arc of a curve to Lha, right having a radius of 2030.87 feet; Thence 102.94 feet along the arc of a curve to the right having a radius of 90.CO feet, the chord v; which curve bears South n2°40'50" East 95.99 feet; Thence 195.40 feet along the arc of a curve to the left having a radius of 312.00 feet; Thence 420.00 feet alen:I tine arc of a Curve to the right having a radius of 1096.00 feet; Thence South 20'13'00" West 407,00 feet; Thence 119.94 feet slon7 the arc of a curve to the left I-aving a radius OF 460.00 feet; Thence 155.26 feet along the arc of a curve to tiro right havisig a radius of 480.00 feet; Thence 451.35 feet along the arc Of a curve to the left having a radius of 615.00 feet; Thence 229.09 feet along tine arc of a curve to the right having a radius of 466.OG feet; Thence South to*33'00" West. 196.00 feet: Thdnce 97.99 feat along the arc of a curve to the right having a radius of 169.13 feet: Thence South 40°11'00" Oest 686.52; Thence 90.32 feet along the are of a curve to the left having a radius of 187.50; Thence 97.36 feet along the arc of a curve to the right having a radius of 100.00 feet; Thence South 69*25'00" West 336.00 feet; Thence 1.99.08 feet alonf) the arc of a curve to zhe right having a radius of 200.00 feet; Thence North 54°33'00' West 32.50 feet Thence 135.26 feet along the arc of a curve to the left having a radius Of 50.00 feet; Thence 05.88 feet along tine are of c curve to the left having a radius of 175.00 feet: Thence South 57040'00" East 280.00 feet; Thence 231.6') feet along the arc of a curve to the left having a radius of 225.00 feet; Tkence 450.88 feet along the arc of a curve to the right having a radius of 500.00 feet; Thence 171.04 feet along the arc of a curve to the lef' Laving a radius of 100.00 feet; Thence North 17"00'00" East 160.00 feet; Thenca 323.76 feet along the arc of a curve to the right 14avin9 a radius of 350.00 foot; Thence 223.46 feet along the arc of a curve to the left having a radius of 350.00 feet; Thence North 33'25100" East 482.50 feet; Thence 229.99 feet along the arc of a curve to the left having a redivao of 630.00 feet; Thence 797.03 feet along the arc of a curve to the right having a radius of 1000.00 Spat; Thence 159.03 feet elong the arc of a curve to the rlolrt having a radius of 55.00 feet; Thence South 43'50'00" West 350.00 feet; Ti.enco 431.68 feet- alor:g the arc of a curve to tine left having a radius of 400.00 feet; Thence 877.03 feet along the arc of a curve to the right having a radius of 3000.00 feet; Thence South 01'15'00" Fast 265.00 feet; Thence 209.42 feet along the arc of a curve to the left having a radius of 72.50 feet; Thence, i-Iorth 13'15'00" Fast 117:50 feet; Thence 541.99 feat alon,r the arc of a curve to the right ;raving a radius of 662.50 foot; Thence North 58045'00" East 147.50 feet; Thence 261.22 feet along the arc of a curv0 to tine loft 117V1a1; a radiUS of 400.00 feet; Thence North 21'20'00" East 275.00 foot; Thence 562.87 feet along the are of a curve to rhe right Diving a rad_us of 300.00 feet: Thence South 51'10'00' East 382.00 feet; Thence 411.63 feet along the err of a curve to the cert having a radiu of n!S0.00 feet; �'y_Jo.liti: :Y,.' _ _ _ .l r - - - - _ _ 1'�^' :T •--,T !_�'^y1�:I�A'.� ,;:y4 �. 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I-"' = t. - '3r. r- :'1-�?, ••}} t , •; rr--:n. +♦,._ 0.t .J.:t. - - -t,a' •1' - e_7 tt •:': i( '3.' ':7it- asG- -TRi, 11+,r ,•; -•'ai r' t ,,r{•yf: m 21•':5' - - --t''4, - -.•r.. 1 :.�. ),`' 1. - :.,},.J: _- f•{'%'t TWA, �;ic 1'• di:�:+:,•.;1:;:�t; A-.� �s TINoil "tY ! if' - AMC Qa 10. STAFF MEMO MEMORANDUM TO: Board of County Commissioners Regular Meeting —July 11, 2007 THRU: Cindy Houben, Community Development Director FROM: Ezra Louthis, Planner RE: Woodward Request for Constrained Site TDR REQUEST: The Applicant submitted a request to the Community Development Department pursuant to Sec. 6-70-40.a.7 of the new Land Use Code to make a determination whether the parcel is "undevelopable or severely constrained" in order to obtain 2 TDR(s) in exchange for preservation of the parcel. OWNER: Bob Woodward REPRESENTATIVE: Haas Land Planning, LLC LOCATION: Parcel 15, Majestic Peaks Pointe (part of Section 36), Bear Ridge Road, off of East Sopris Creek Road ZONING/LOT AREA: The parcel contains 35 acres and is a conforming size parcel in the RS -30 zone district. BACKGROUND/EXISTING CONDITIONS: Section 36 was divided into separate 35+ acre parcels in 1974. The subject parcel, along with parcels 13, 14 and 16 were rerecorded and renamed to Majestic Peaks Pointe by Paul Spencer in 2001. Parcel 15 is undeveloped and is located in the southern portion of Section 36. It is bounded by other Section 36 parcels to the north, east and west and on the south by BLM land. The parcels to the north and west are developed with single-family residences, while the property to the east remains undeveloped (but contains a 1041 approval from 2002). Refer to Attachment C — a map of the surrounding area — and Attachment D — a map of Section 36 showing developed and undeveloped parcels, and parcels that have been approved for development. The parcel received 1041 Hazard Review approval pursuant to Hearing Officer Determination No. 11-2003. The approved building envelope is located in the northern portion of the property, and is clustered with the existing development on parcel 13 (owned by Woodward Properties, LLC). There is no recorded site plan for the property. REFERRALS: The Division of Wildlife supports the request; comments are attached for reference. PROCESS: The BOCC shall make a determination whether the proposed preservation site is undevelopable or severely restricted under the Pitkin County Land Use Code. If there is a determination that that the property is not developable, the Board,shall determine that principles of equitable mitigation merit the issuance of TDR(s). CMTERIA FOR CONSTRAINED SITE TDRS: Section 6-70-40.a.7 of the Code provides the following criteria: 00000141 ➢ The lot or parcel shall be located in a zone district other than the RR, TR -1, TR -2, VR, VC, SKI -RFC, MHP, AH, AH -PUD, RS -G, B-1, B-2, P -I, T, PUB, I, UorAC-REC-2 zone districts; and shall be undevelopable or severely restricted pursuant to this Land Use Code. ➢ The determination that a property is constrained pursuant to this section is merely a procedure to allow the Board to consider granting a TDR(s) at the request of a property owner, and shall not be considered a final decision as to the beneficial, productive, and/or economically viable uses that may be available to the property. The parcel is in the RS -30 zone district, which is not included in the list above. The Applicant asserts that the parcel is constrained by wildlife habitat areas. Jonathan Lowsky of Colorado Wildlife Science LLC concludes that the parcel "is completely constrained by wildlife habitat areas and their buffers as described in Land Use Code Sec. 7-20-70." The DOW concurs with Mr. Lowsky's assessment of the wildlife values of the property. The property is within a mapped elk production area, but Mr. Lowsky and the DOW agree that the property is not an active production area and "this mapping is inaccurate and likely the result of the scale of the mapping." The parcel is within the'/4 mile buffer of an elk migration pattern that is heavily used during migration to and from summer and winter range. Sec. 7-20-70.d.5 requires that there shall be a minimum'/4 mile buffer between and building and migration corridors. The property contains Gamble Oak-Mountain-mlahogany/Geyer's Sedge Shrubland, which is ranked as rare (G3 -S3), per definition of the Code. Section 7-20-70.d.3 states that "no structures shall be located in rare, threatened or endangered species..." It should be noted that Mr. Lowsky's report shows the "rare" habitat as located in the southeastern corner of the parcel, and not within the approved building envelope. Mr. Lowsky also notes that development of the parcel would result in direct impacts on two rare plant communities present on the property and may affect a globally rare and narrowly endemic plant species (Harrington's beardtongue). Staff agrees that, in accordance with Sec. 6-70-40.a.7, the parcel is not developable pursuant to the Pitkin County Land Use Code, as it is encumbered by a buffer for an elk migration corridor. Staff would note that the parcel is bisected by Bear Creek Road and is adjacent to developed parcels to the west and north, and, therefore, should only be eligible for one constrained site TDR. STAFF RECOMMENDATION: Staff recommends that the BOCC find that the property is constrained pursuant to the Land Use Code and that one constrained site TDR be issued for the parcel. 000002 Attachments A. Draft Reso B. Division of Wildlife C. Map of surrounding area D. Map of Section 36 E. 1041 approval 000003 STATE OF COLORADO Bill Ritter, Jr., Governor COF DEPARTMENT OF NATURAL RESOURCESDIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Mark B. Konishi, Acting Director 6060 Broadway For Wildlife - Denver, Colorado 80216 For People Telephone: (303) 297-1192 wildlife.state. co. us June 5, 2007 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 RE: Woodward Constrained Lot TDR Dear Ezra: The Woodward site contains significant habitat values for a variety of wildlife. Development of the parcel, especially in the saddle areas would have significant impacts to wildlife, especially the migration of mule deer and elk through the property. The Division concurs with Cdlorado Wildlife Science's report contained within the application. Included in the application is a letter dated March 13, 2007 from DWM Kevin Wright confirming the parcels significance for wildlife and support for a constrained parcel status and TDR donor site. Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright at 947- 2920. Sincerely, rerry 1 Ar ildlife Manager Cc: R. Velarde, K. Wright, file DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director WILDLIFE COMMISSION, Tom Burke, Chair • Claire O'Neal, Vice Chair • Robert Bray, Secretary Members, Dennis Buechler • Brad Coors • Jeffrey Crawford • Tim Glenn • Roy McAnally • Richard Ray Ex Officio Members, Harris Sherman and John Stulp C) 00 L? 0 J m = m S I � m \ N N LL J m 480451 Page: 1 of 5 I ` i111 03/24/2003 02:27F SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, GRANTING D APPROVAL TO THE SPENCER 1041 HAZARD REVIEW AND CONCEPTUAL S SUBMISSION FOR LOT 15, SECTION 36 2. Prior to submittal for any building permits, the Applicant shall record a 24 X 36 inch mylar 1041 Hazard Review Site Plan in accordance with Section 5-70-040 of the Land Use Code. The approved building and access envelopes shall be approved by Community Development Department prior to recordation. The site plan shall also be submitted in digital format for integration in to the County Geographic Information System (GIS) prior to submission of a building permit. 3. The Applicants shall obtain an access permit from the Pitkin County Engineer prior to building permit submission. 4. The Applicant shall comply with the following wildfire mitigation measures: Defensible Space: 480924 O00037 Page: I of 5 ill 1111111111111 04/02/2003 03:11F SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 d Z� �D3 �Pq VvAcj,a Le CJ 0. SPalc.er Determination No. LL -2003 RECITALS 1. Paul Spencer ("Applicant") has applied to the Pitkin County Hearing Officer for 1041 Hazard and Conceptual Submission approval to establish a building envelope on Lot 15 of Section 36, T8S, R87W. N 2. The parcel is zoned RS -30 PUD and contains 35.034 acres. a 3. The Hearing Officer heard this application at a duly noticed public hearing on October 15, 2002, at which time evidence and testimony were presented with respect to this application. 4. The hearing was continued until March 18, 2003 at which time the Hearing Officer found that the building envelope and access for Lot 15 is situated in the most acceptable location to avoid valuable wildlife habitat, severe wildfire hazard, and slopes in excess of 30 percent. NOW THEREFORE, BE IT RESOLVED by the Pitkin County Hearing Officer that approval is hereby granted to the Spencer 1041, Lot 15, Section 36 subject to the following conditions, which shall run with the land and be binding on all successors in interest. 1. The Applicant shall adhere to all conditions and material representations made in the application and public meetings except as amended herein. 2. Prior to submittal for any building permits, the Applicant shall record a 24 X 36 inch mylar 1041 Hazard Review Site Plan in accordance with Section 5-70-040 of the Land Use Code. The approved building and access envelopes shall be approved by Community Development Department prior to recordation. The site plan shall also be submitted in digital format for integration in to the County Geographic Information System (GIS) prior to submission of a building permit. 3. The Applicants shall obtain an access permit from the Pitkin County Engineer prior to building permit submission. 4. The Applicant shall comply with the following wildfire mitigation measures: Defensible Space: 480924 O00037 Page: I of 5 ill 1111111111111 04/02/2003 03:11F SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 d Z� �D3 �Pq VvAcj,a Le CJ 0. SPalc.er 480924 Hearing Officer Determina,.,,n No. I1� -2003 Page: 2 of 5 11 i,dil 11111111111111111111 04/02/2003 03:11F Page 2 SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Note: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions. A. Brush, debris, and non -ornamental vegetation shall be removed within a distance a 10 foot perimeter of all structures. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around a structure built on flat ground. C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be two (2) times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. E. Tree crown separation within a 30 foot perimeter shall have a minimum of 10 feet between the edges of the crowns. This does not apply to mature stands of Aspen trees where the above recommendation for removal of ladder fuels have been complied with. F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter around all structures shall be reduced where natural reduction has not already occurred. H. All deadfall within the 100 foot perimeter shall be removed. 1. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 5. The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofing: New roofs shall have a non-combustible roof covering on a class A, assembly roof system. Wood shake/shingle roof coverings and flat roofs (up to a 3:12) pitch are prohibited. B. Vents shall be screened with corrosive resistant wire mesh with mesh one -fourth -inch (1 /4") maximum. C. Roofs and gutters shall be kept clear ofldebris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials shall be stored' on a parallel contour a minimum of 15 feet away from any structure. F. Weeds and grasses within the 15 foot perimeter shall be maintained to a height not more than 6 inches. G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from any structure. H. Swimming pools shall accessible to Fire Department vehicles. I. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to any structure. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one pound approved ABC fire extinguisher placed in a visible and accessible location. 480451 Page: 2 of 5 000008 SILVIR DAVIS PITKIN COUNTY CO R 0.00 03/24/20000 2.27E I" "l 480924 Hearing Officer Determina—ri No. ► -2003 Page: 3 of 5 Page 3 ��I �I 04/02/2003 03:11F SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be clearly visible at the primary point of access from the public or common access road and installed on a non-combustible post. P. New utility lines shall be buried in the driveway alignment. Q. Fire sprinklers shall be installed in all residential structures. 6. No development, including grading, excavation, fill placement, bermirig, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building [and/or] development envelopes Unless otherwise specified in this document, such as necessary wildfire mitigation. Construction, staging, parking, utility and driveway extension and maintenance shall only occur within approved building envelope or access driveway. 7. The Applicant shall comply with the following wildlife mitigation conditions: A. Dogs are prohibited on the property. Construction workers shall allow no dogs on the property. B. Construction shall not be allowed from October 1 through December 15 and April 15 through May 30. C. A landscaping plan shall be submitted and approved by the Pitkin County Wildlife biologist prior to building permit submission to help screen development from the wildlife corridor. Native vegetation must be maintained outside the building envelope as long as it complies with the wildfire mitigation stated above. D. Any disturbed areas outside the building envelope must be revegetated with native plants according to a revegetation plan and inhplementation of a weed management plan to be submitted by the applicant and approved by the Pitkin County Wildlife Biologist prior to issuance of a Certificate of Occupancy, E. The Applicant shall comply with the 2001 Wildlife Protection Ordinance No. 010- 2001 for waste storage. The Pitkin County Wildlife Biologist shall verify compliance with this condition prior to issuance of Certificate of Occupancy. F. Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed 48 inches in height above ground level, and twelve inches in width (top view), and shall have at least 18 inches between the rails. Wire fencing shall consist of no more than three strands of smooth wire and shall not exceed 42 inches in height. Property perimeter fencing shall not be allowed. G. Fruit bearing trees shall not be allowed for landscaping on the property. Tall, overly mature trees and standing dead trees should be retained whenever possible. H. If horses are kept on the property, all hay must be kept within 8 foot mesh game proof fencing and all grains, cookies, and pellets shall be kept in bear proof containers. I. All exterior lighting shall be directed downwards and shall comply with Pitkin County Lighting Standards at the time of building permit submission. J. All utility lines shall be buried in the ditiveway alignment. 8. Pursuant to Ordinance No. 022-2000, the Applicant is subject to the Fair Share Requirements and shall pay a road impact fee as calculated at the same time as building permit issuance. 9. The Applicant shall join a Section 36 Road', Improvement District should one be formed. 10. Floor area shall be limited to 5,750 square feet exempt from growth management or use of TDRs. 480451 Page: 3 of 5 SILVIR 1!1 !IiII1111 1111111111111111111111111119 03124/2003 02:27F TKIN COUNTY CO R 0.00 /000 000009 Hearing Officer Determina,,,,n No. Il -2003 Page 4 11. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope to minimize the overflow of dirt and siltation. The fencing shall remain in place until issuance of Certificate of Occupancy. 12. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on March 18, 2006. 480924 1111111111111111111111111 111111�11�1111111111111 Page: 4 of 5 04/02/2003 03:11F SILVIR DRVIS PITKIN COUNTY CO R 0.00 D 0.00 480451 Page: 4 of 5 03/24/2003 02:27; 000010 Hearing Officer Detenmina�,,,n No. -2003 Page 5 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 14T" DAY OF SEPTEMBER, 2002. APPROVED ON THE 1ST" DAY OF MARCH 2003. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON VV1 UA G, \ ?-C(. Z40-,4, . ATTEST: HEARING OFFICER OF PITKIN an1 COUNTY, COLORADO ai is Taylor roes R. True Administrative A sistant Hearing Officer Date: 3121 o'5 l APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Cind� Houben,` County Attorney Community Development Director Case 4P97-02 PID# 246536400012 tlINIIIISILVI �X IIIIItlIIRIVIS TKIN IIWI I�III CNTY O 111 Page: 0. 48@451 03/24/2003 02:27F SILVIR pgVIS PITKIN COUNTY r R 0.00 D 0.00 000 011 APPLICATION MATERIAL It' . 'V PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PROJECT: Woodward Constrained Lot TDR LOCATION: Bear Ridge Road (Section 36) PID# 2465-364-00-014 OWNERS: Bob Woodward REPRESENTATIVE: Haas Land Planning PHONE: 925-7819 DATE: April 9, 2007 PLANNER: Ezra Louthis, 920-5092 Type of Application: Constrained Lot TDR Description of Project/Development: The Applicant is requesting approval for 2 Constrained Lot TDRs for this parcel located in the Section 36 Subdivision. Land Use Code Sections to be addressed in letter of request (application): Sec. 2-40-30(b): Approval of TDRs for Constrained Sites; Sec. 6-70-40(a)7: Criteria for Constrained Site TDRs; Staff will refer the application to the following agencies: DOW Review by: BOCC Public Hearing: Yes. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. FEES: $974 (make check payable to "Pitkin County Treasurer") ■ Planning Office flat fee: $924 (non-refundable; based on 4 hours of staff time; if staff review time exceeds 4 hours, the Applicant will be charged for additional time above 4 hours at a rate of $231/hour) ■ $50 Publication Fee To apply, submit 7 copies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above, and Section 2.2.18 of the Pitkin County Land Use Application Manual; 2. Parcel descriptions, including legal description and vicinity map; 3. Proof of ownership (1 copy) 4. Total fee for review of the application; 5. Signed fee agreement (1 copy); 6. Consent from owner(s) to process application and authorizing the representative, if applicable (1 copy); 7. List of all adjacent property owners and mineral estate owners (1 copy); 8. Copy of this preapp form. NOTES: 009001 0; 'A0 ➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED. ➢ This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 00000r. 14 Pitkin County Community Development Dept. 130 S. Galena Street Aspen, CO 81611-1975 RE: Request for Constrained Site TDR Lot 15, Majestic Peaks Pointe - PID# 2465-364-00-014 To whom it may concern: As owner of Lot 15, Majestic Peaks Pointe (PID#2465-364-00-014), I hereby authorize Haas Land Planning, LLC (HLP) and Colorado Wildlife Science, LLC (CWS) to act as my designated and authorized representatives. HLP and CWS are authorized to submit an application for the approval listed above and any incidental approvals associated therewith. HLP and CWS are also authorized to represent me in meetings with Pitkin County staff, the Hearing Officer, the Planning and Zoning Commission, and/or the Board of County Commissioners. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included in the application. Yours truly, �yh UP �- rus-"4tvisor Effie 4. 1 ✓1 , Wac`'iovia Bank,. as Trustee of the Robert G. Woodward Sr. Roth Individual Retirement Accoun Mailing Address: Robert G. Woodward 21 SE 3rd Street Evansville, IN 47708 00000 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF DEVELOPMENT APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Wachovia Bank, N.A. as Trustee of the Robert G. Woodward Sr. Roth Individual Retirement Account . (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Two (2) Constrained Site Transferable Development RiLyhts (TDR) (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 058-2001 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 for APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT's application. 4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission 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. 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 $974.00* which is for FOUR (4) hours of staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY 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 APPLICANT: Cindy Houben Community Development Director Wachovia Bank, N.A. as Trustee of the Robert G. Woodward Sr. Roth Individual Retirement Account �d�e 6ku."(—Vpf11/ l v�sar` SigWure ( J Date: Mailing Address: 21 SE Yd Street Evansville, IN 47708 PID# 2465-364-00-014 * includes $924 Planning Office Flat Fee, and $50 Public Notice Fee 00000 WARRANTY DEED THIS DEED, made this 25th day *(April, 2006, between INTEGRA BANICr N.A. AS TRUSTEE OF TILE ROBERT G. WOODWARD ROTH IRA whose address is 21 SE 3rd Stmet, Evansville, DV, 47708, GRANTOR(S), and WACHOVIA BANIC, N.A. AS TRUSTEE OFTHE ROBERT G. WOODWARD. SR. ROTH INDIVIDUAL RETIREMENT ACCOUNT whose address is 21 SE 3rd Street, Evansville, IN 47708, GRANtTEE(S): WITNESS, that the granmr(s), for and in eansidemtion of the sunt ofTWO HUNDRED 'THOUSAND AND 00/100 DOLLAIRS (5208,000.00), the receipt and suff aieuev of whish Is hetebv acknowledged. has granted. bargained, sold and conveyed. and by these presents does great, hargatn, sell, aoovey and confiml onto the grantees. grmtce's ane nail assigns lbaravcn all the real property, together with Improvements, if any. situate. lynsg and being in the County at' Firkin and State ofcolorado, described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF also known by street and number at: Majestic Peaks Potata. basalt, CO 81621 TOGETHER with all and =%alar the heredlumica a and appuacnwwrs thereunto belonging, or in anywise apportioning, and the reversion and reversions, remainder and remamdeem rats, issues and profits thereof, and all the estate, tight, title, mterrst, claim and demand whe"'. r of the grantor, ether to law at equity, aF in and to the nhave bargained pmmisrs, with ilia hereditaments and appuneannees; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, grantee's helm and usages; forever. The grantor, for the g:aoso , granters lits, nod personal mprc=ntaoves. does covenant, want, bargain and age= to and with the gmnnee, grantee's heirs and assigns, that at the tone of ate ensealing and delivers' ofthrse presents. Simmer is well seized of the premises above cow eved. has goad, sure, perfoer. absolute and tndefeasibit: aware of inheritance. to law, an far simpile, and bas #nod right, full power nod lawful authority to grant, bargain, sell and convey the same to meaner and form as afamsaid. and that the mtue are free and clear from al[ former and other grana, bargains. sales. liens, taxes, assessments, encunthtan=s; and restric[tans of whatever kind or nature soever. except general taxes for the currrnh and subsequent years. and except casements. covenants, conditions, resmimons, mitervatiam, and tights ofwav ormcord, ifaity The grantor shall and will WARRANT AND FOREVER DEFEND the above.bargained premises in the puler and peaceable possession of dw grantees, grantee's hen trod nowt3, against all and every person of persons lawfully ciaimmg the whole or osry per: thereof. The singular number shall include the plural, the plural the singular, and the use ofaay gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on ilia date set fnnit above. Integra B� akk,N AL., as assTrusieeoftbeRabertG. Woodward Roth IRA Dy% Derek Bitter, Vice President State of IIg1, (Q/'id! ) ) F County of c- ba t ail I The foregoing instrument was acknowledged_ suuub_sctibed and sworn to before me this /5— day of ala I/ • 200k by DEREK BITTER, VICE PRESIDENT FOR INTEGRA BAND, NA, kS TRUSTEE OF TRE ROBERT G. WOODWARD ROTH IRA f Vitness nw Hand and Official Sall �t J Notary public Stephanie L. Weinbach Notary Public SEAL State ofludiana Ivry Commission Expires Feb. 6.2008 Gs ,mi.%V.wxx mDrrn.Tmmmanurautau ATani, I-ci -A,v or TIJ 110i a-:. 1", 07017,59 ........... [D N N p too m t9 C4 Cn In 0'9" B srrhrdrasnia� tY �A U z --Means -- o v sense X tsostssh�ta r J aaratanhasha in a ion"Modo U aO� at amlrlOaa®a } x O e EXHIBIT "A" Attached to and fornung a part of WARRANYV DEED bct%%=n GRANTOR: TUNDRA PROPERTIES LLC. A COLORADO LIMITED LIABILITY COMPANY GRANTEE; INTEGRA BANK, TRUSTEE OF THE ROBERT G. WOOD«'ARD ROTR IRA LEGAL DESCRIPTION That portion of the South I12 ofSeetion 36, Township 8 South, Range 87 West of the Sixth Principat Meridlan, Pitkin County, Colorado, being commonly known as Lot 15, Majestic Peaks Pointe Subdivision Esemption and being more particularly described as follows: Beginning at o point on the Southerly section line of said Section 36 whence the southeast corner of snhl Section 36 a U.S.G.L.O. Brass Cap found in place, bears N 860 29'56" E a distance of I785.55 feet, with all bearings being relative to the bearing between said southeast corner of Section 36 and the east 114 corner ofsaid Section 36 a U.S.G.L.O. Brass Cup found in place using a bearing orN 000 00' 96" W between the two described monutneatst Thence, along said Southerly section line S 86129' 56" W a distance of 849.40 feet to the South IN corner orsaid Section 36 a U.S.G.L.O. Brass Cap found in piece; Thence, continuing along said Southerly section line S 89035' 04" W a distance of 181.77 feet. Thence, departing said section line N 000 0(` 00" E a distance 817139-32 feet to a point on the centerline of a sixty root right of way and utility easement described In Book 292 W Page 795; Thence, along said eenterliae the following four (4) courses: 1)11230 rect along the arc of s carve to the right baying a 72.50 root radial, a central angle of 880 45' 07" and subtending n chord !rearing of N 450 3734" W a distance of 101.41 feet. 2) Thence, N 010 IS, 00" W a distance of265.00 feet, 3) Thence, 877.03 feet along the arc of a curve to the left having n 3000.00 foot radius, a central angle or 160 45' 00" and subtending a chord littering of N Or 37' 30" W a distance 017873.91 feet, 4) Thence, 41.90 feet along the arc of a curve to the right. having a 490.00 foot radius, a central angle of Oso o0` 05" and subtending a chard bearing of N 140 S9.59" W a distance or41.88 feet, Thence departing said eenteriine S 880 59'00" E a distance of 1264.99 feet: Thence, S 000 WOO" W it distance of 1302.10 feet to the point of bVnntng, TOGETHER WITH those Easements appurtenant to said property us created, defined and established by instrument recorded October 25, 1974 In Book 292 at Page 791. County of Pilkin, State ofCotorado. also known by sheet ondnumberas: Majestic Peaks Pointe, Basalt, CO 81621 524.242 page: 2 Of Z 65119/2D06 02.-161 00 n 0.8@ Y CO R 11 JANIC KIN COUtJi 3ANICt's K VOS t:RU0Ii1. PIT KIN A%.WmR , D=-Plwcu4Miurarora A rlTlr, Ct1MPA'y Pr Tia nor:Ktos, lt:c. 0701759 Constrained Site TDR Lot 15, Majestic Peaks Pointe - PID# 2465-364-00-014 Adjacent Property Owners of Record Glenn A. Pendergast 128 Spring Street Harrington Park, NJ 07640 Woodward Properties, LLC c/o Woodward, Robert 4763 Rosebud Lane Newburgh, IN 47630 Smith, Charles Mac Donald 60% 3714 Bear Ridge Road Basalt, CO 81621-8115 Bureau of Land Management Glenwood Springs Field Office 50629 US Hwys 6 and 24 Glenwood Springs, CO 81601 00000", HAAS LAND PLANNING, LLC May 15, 2007 Mr. Ezra Louthis, Pitkin County Planner Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 RE: Request for Constrained Site Transferable Development Rights; Lot 15, Majestic Peaks Pointe Dear Ezra: Mr. Bob Woodward ("the applicant") is seeking approval to sterilize his property at Lot 15, Majestic Peaks Pointe, as a Constrained Site in exchange for two (2) transferable development rights (TDR). The Parcel Identification Number for Lot 15 of the Majestic Peaks Pointe is 2465-364-00-014. The lot has an area of 35 acres and was legally created with the platting of Majestic Peaks Pointe. Indeed the County has recognized the legal creation of the subject lot and its GMQS exempt development right as evidenced in the 2003 approval of Hearing Officer Determination No. 11-2003. Pursuant to Section 6-70-20(a)(3) of the Pitkin County Land Use Code, the BOCC may allow development rights to be severed and transferred from certain undevelopable or severely restricted (constrained) lots/parcels. The Code provides that availability of "constrained site" TDR is discretionary, and according to Section 6-70-30(a)(4), the BOCC may allow one or more development rights to be severed and transferred from a constrained site upon demonstration by the applicant that the site meets the criteria of Section 6-70-40(a)(7). Lot 15 of Majestic Peaks Pointe is a 35 -acre property situated on a northwest facing slope between the West Sopris Creek and East Sopris Creek watersheds. Topography of the property slopes upward from the northwest corner to the southeast where two steep knobs and a saddle dominate the southeast half of the Property. The Property is undeveloped except for Section 36 Road (aka Bear Ridge Road) which bisects the Property southwest to northeast, and a driveway to a residence on the adjacent property to the north. The Property is bounded on the north, east, and west by similar properties within the Majestic Peaks subdivision and on the south by lands administered by the Bureau of • 201 N. MILL STREET, SUITE 108 ASPEN, COLORADO • 8161 1 • PHONE: (970) 925-7819 FAX: (970) 925-7395 • OOQU08 Constrained Site TDR Application Lot 15 Majestic Peaks Point PID# 2465-364-00-014 Page 2 of 4 Land Management (BLM). While the properties to the north and west are developed with single family homes, the property to the east and the south remains undeveloped. Pursuant to Section 6-70-20 of the Code, certain types of land have the right to sever development rights (Sending Sites), and to transfer those development rights to other areas (Receiving Sites). Section 6-70-20(a), subsection (3) of the Code provides that, "Legally created lots or parcels that have been identified as Constrained Sites because the lot or parcel is undevelopable or severely restricted pursuant to this Land Use Code, as determined in the discretion of the Board of County Commissioners" shall have the right to sever development rights and transfer those rights to other areas. Lot 15 of Majestic Peaks Pointe is undevelopable because the entire property is within a wildlife migration corridor. Mr. Jonathan Lowsky of Colorado Wildlife Science, LLC, opined and Mr. Kevin Wright, CDOW District Manager for the subject area confirmed that the property lies within a broad mule deer and elk migration corridor, and serves as an important buffer between residential development in Section 36 and important wildlife habitat on lands administered by the Bureau of Land Management south of the Property. Site visits to the Property in 2002 and 2007 have confirmed that the use of this corridor is active and the topographic saddle on the Property is heavily traveled by migrating elk and mule deer. The saddle provides one of only two openings in a bottleneck of this important migration corridor. Further, mule deer and elk use the Property as transition range (migration habitat) — areas where they spend significant periods of time on their way between summer and winter ranges. Additionally, residential development of the Property would result in the direct and indirect loss of mountain big sagebrush and Gambel oak/Saskatoon serviceberry dominated mountain shrublands that provide important migration habitat. Development on this Property would likely result in the disruption of an active migration corridor and further narrow a restricted migration bottleneck. Section 7-20-70(d)(5) of the LUC states that, There shall be a minimum one-quarter ('/4) mile (1,320 foot) buffer between any building or structure and wildlife migration corridors. Accordingly, the required buffer around the migration corridor on and near the Property completely constrains development. That is, the minimum 1,320 foot buffer extends beyond the boundaries of the Property on all sides. Development would also result in direct impacts to a rare plant community and may affect a globally rare and endemic plant. As regulated by the Pitkin County Land Use Code, the Property is completely constrained by wildlife habitat areas and their buffers. Finally, Kevin Wright, District Wildlife Manager for the Aspen office of the Division of Wildlife, in a letter a00 0 Constrained Site TDR Application Lot 15 Majestic Peaks Point PID# 2465-364-00-014 Page 3 of 4 dated March 13, 2007, states that the "use of this parcel as a TDR donor site would be very beneficial to wildlife, and the Division supports this effort." Consistent with Section 6-70-30(a)(4) of the Code, the applicant favors relief in the form of two (2) TDR for preservation of this 35 -acre property as an integral and important piece of a significant wildlife migration corridor. Section 2-40-30(b) of the Code requires a Board determination that principles of equitable mitigation merit the issuance of one or more TDR. In 2003, a 1041 Hazards Review approval was granted for development of a home with up to 5,750 square feet of floor area. Although a building envelope was reluctantly approved, there was some discussion as to the fact that this Lot was not an ideal place for development. The vested rights on the 2003 approval expired on March 18, 2006. Therefore, the property is now subject to the newly adopted Land Use Code, including the provision of Section 7-20-70(d)(5), mentioned above (the minimum wildlife migration corridor buffer area requirement of today's Code did not exist at the time of the 2003 approval). Accordingly, application on the subject property of the requirement for a minimum %4 -mile buffer between the migration corridor and any development results in a Constrained Site. That is, under today's Code, there is not any suitable location on this property to build a home, thereby constraining this lot from development. The size of the home that was and would be allowed on this parcel is 5,750 square feet. Since each TDR in Pitkin County is worth only 2,500 square feet, the applicant feels that "principles of equitable mitigation" merit issuance of two (2) TDR in exchange for severing of the development rights associated with the subject Property. The two TDR requested would sterilize and protect an important and significant piece of wildlife habitat while providing the equivalent of just 5,000 square feet worth of development rights to land instead on a location(s) found suitable for receiving of TDR. Also worthy of consideration by the Board in determining "equitable mitigation" for the sterilization of the subject Constrained Site is the Peter Gina case. In September of 2006, the Board granted two (2) TDR to Peter Gina in exchange for sterilization of Lot 11, Majestic Peaks Pointe, finding that that nearby Lot 11 was "undevelopable or severely constrained." Like in the Gina case, preservation of the subject property in an undeveloped condition would greatly serve wildlife habitat. In the current case, the Board has the opportunity to maintain in an undisturbed state one of just two bottlenecks that already limit an important wildlife migration corridor. Further, the subject property includes important and rare plant communities that could be threatened by development. As such, on behalf of Mr. Bob Woodward, it is respectfully requested that the Board find Lot 15, Majestic Peaks Pointe to be "undevelopable or severely constrained" and grant two (2) TDR, preserving this property as an important wildlife migration corridor. If I can be of further assistance in any way, or if you should have any questions, 000��� Constrained Site TDR Application Lot 15 Majestic Peaks Point PID# 2465-364-00-014 Page 4 of 4 please do not hesitate to contact me. You can reach me at the phone number provided, or by email at mhaas@sopris.net. Yours truly, Haas Land Planning, LLC Mitch Haas, AICP Owner/Manager Attch: Wildlife Habitat & Ecological Assessment prepared by Mr. Jonathan Lowsky, Colorado Wildlife Science, LLC 000011 MAjM��R l Gk i s y t� yr, � k��:.: �,�;. �k � � "ext' a •� n`� wt � � .E � ' ' + •z t % �: k FFA v'� m _ + u• .-� wP lk _. v �*` 'X ' ra i'F `''1 i• yE- I e `� ri Y L^„ x � � Ir _ r y '!Ic r. K r ik� n i, i r 7 v t' ry tp _ • 4t t � h v Tom✓ WV_ - kill kr ^ r �t _CO 8162;; Colorado Wildlife Science, LLC March 23, 2007 WILDLIFE HABITAT & ECOLOGICAL ASSESSMENT: MAJESTIC PEAKS, LOT 15 March 19, 2007 Submitted by— Colorado Wildlife Science, LLC Jonathan Lowsky, MS 0100 Elk Run Drive, Suite 128A, Basalt, CO 81621 Tel: 970.927.4549 Email: Submitted to— Woodward Properties, LLC 4707 Bear Ridge Road Basalt, CO 81621 Wildlife & Ecological Assessment Majestic Peaks, Lot 15 P. 1 T94,1 I L71 • ENTC, MA `-7 EST EAI� j- Ic P 'LOT OA let T, _gf fro" lo yk 7. A W`k 1� v fi,,l - U. TOP .7 At k Y:2 . j7w h12 bnjJttedjb1oy�-',7,m- a, LLC ;;j n L 0100 YA �Iv 1 Ell(l c. s 62 z-, Tel: 970.937-45 J u b m t th, 6 d0ft' e -,* A d wc A707, . �BaPlt,,COZ 6Z 'It Aw KS X't Colorado Wildlife Sdenoe, LLC March 23, 2007 WILDLIFE HABITAT & ECOLOGICAL ASSESSMENT: MAJESTIC PEAKS, LOT 15 March 19, 2007 Submitted by— Colorado Wildlife Science, LLC Jonathan Lowsky, MS 0100 Elk Run Drive, Suite 128A, Basalt, CO 81621 Tel: 970.927.4549 Email: wildlife@soDris.net Submitted to— Woodward Properties, LLC 4707 Bear Ridge Road Basalt, CO 81621 Wildlife & Ecological Assessment Malestic Peaks, Lot 15 000015 P. 1 Colorado Wildlife Science, LLC March 23, 2007 Table of Contents 1.0 INTRODUCTION.................................................................................................................................. 4 2.0 METHODS.............................................................................................................................................. 4 3.0 SITE DESCRIPTION AND TOPOGRAPHY...................................................................................... 4 4.0 VEGETATION...........................................................................................:............................................ 4 4.1 Significant Mountain Sage, Aspen, & Mountain Shrub Dominated Habitat .............................5 4.2 Endangered, Threatened, and Rare Plants.....................................................................................5 5.0 WILDLIFE HABITAT AREAS & IMPORTANT ECOLOGICAL RESOURCES ............................ 6 5.1 Threatened and Endangered Species..............................................................................................6 5.2 Ungulates............................................................................................................................................6 5.2.1 Mule Deer & Rocky Mountain Elk...............................................................................................6 Migration Corridors, Migration Patterns, and Staging Areas ...................................................... 7 ProductionAreas................................................................................................................................ 7 OtherHabitat...................................................................................................................................... 7 5.2.3 Rocky Mountain Bighorn Sheep...................................................................................................7 5.3 Raptors.................................................................................................................................................7 5.4 Important Waterfowl and Wading Bird Habitat Areas................................................................8 5.5 Black Bears..........................................................................................................................................8 5.6 Riparian Habitat.................................................................................................................................8 5.7 Isolated Jurisdictional Wetlands and Waters of the U.S...............................................................8 6.0 CONCLUSIONS..................................................................................................................................... 8 7.0 QUALIFICATIONS OF THE PREPARER........................................................................................10 8.0 LITERATURE CITED..........................................................................................................................11 MAPS...........................................................................................................................................................13 PHOTOS.....................................................................................................................................................18 APPENDIX A: CDOW UNGULATE SEASONAL ACTIVITY AREA DEFINITIONS .................... 20 APPENDIX B: COLORADO DIVISION OF WILDLIFE LETTER OF CONCURRENCE ............... 20 Wildlife & Ecological Assessment Majestic Peaks, Lot 15 000016 p. 2 Colorado Wildlife Science, LLC Maps March 23, 2007 Map 1. Aerial view & major plant communities...................................................................................14 Map2. Mule deer seasonal habitats........................................................................................................15 Map 3. Rocky Mountain elk seasonal habitat........................................................................................16 Map 4. Migration corridors and buffers.................................................................................................17 Photos Photo1. Ephemeral draw.................................................................................:......................................19 Photo2. Natural spring.............................................................................................................................19 Photo 3. Mountain big sagebrush shrubland below Section 36 Road................................................19 Photo 4. Mountain big sagebrush above the road.................................................................................19 Photo 5. Gambel Oak / Saskatoon Serviceberry Mountain Shrubland............................................... 20 Photo 6. Eastern knob forming the saddle/migration corridor........................................................... 20 Photo 7. Western knob forming the saddle/migration corridor.......................................................... 20 Photo 8. The saddle at the East Sopris Creek -West Sopris Creek divide ........................................... 20 Photo 9. Moderately browsed Gambel oak............................................................................................ 20 Photo 10. Moderately browsed Saskatoon serviceberry....................................................................... 20 Photo 11. View of a portion of the extensive production habitat west of the Property ................... 20 Photo 12. Harrington's beardtongue (Penstemon harringtonii)............................................................. 20 Wildlife & Ecological Assessment P 3 Majestic Peaks, Lot 15 00001: Colorado Wildlife Science, LLC March 23, 2007 1.0 INTRODUCTION This letter presents findings regarding the significant wildlife habitat, plant communities, and other important ecological attributes of Lot 15 of the Majestic Peaks Subdivision the "Property") and describes constraints on residential development as regulated by the Pitkin County Land Use Code (LUC). 2.0 METHODS This assessment is based on: (1) February 15, 2007 evaluation of the Property; (2) a review of current Colorado Division of Wildlife (CDOW) Natural Diversity Information Source (NDIS) Species Distribution Data (CDOW 2007a); (3) On-site consultation with Kevin Wright, CDOW DWM Aspen; (4) a review of current Colorado Natural Heritage Program (CNHP) conservation status data (CNHP 2007); (5) The author's prior familiarity of the ecological communities and conditions of the Sopris Creek watershed; and (6) the author's experience in identifying and evaluating the wildlife habitats and ecological resources of Pitkin County, Colorado. 3.0 SITE DESCRIPTION AND TOPOGRAPHY The 37.14 acre property is within the Roaring Fork River watershed and the North- Central Highlands and Rocky Mountain Section of the Southern Rocky Mountains Steppe - Open Woodland - Coniferous Forest - Alpine Meadow Physiographic Ecoregion (Bailey 1995). The Property is bisected by Bear Ridge Road in Section 36 of Township 8 South, Range 87 West at approximately 8,340 to 8,616 feet above mean sea level (AMSL). The Property is situated on the northwest facing slopes of the divide between the West Sopris Creek and East Sopris Creek watersheds. Topography of the Property slopes upward from the northwest corner to the southeast where two steep knobs (approximately 8,616 feet AMSL) and a saddle (approximately 8,517 ft AMSL) dominate the southeast half of the Property. The Property is undeveloped except for Section 36 Road (aka Bear Ridge Road) which bisects the Property southwest to northeast and a driveway to a residence on the adjacent property to the north (Map 1). An ephemeral draw (Photo 1) runs north-northeast across the northwest 1/ of the Property from a natural spring (Photo 2). The Property is bounded on the north, east, and west by similar properties within the Majestic Peaks subdivision and on the south by lands administered by the Bureau of Land Management (BLM). While the properties to the north and west are developed with single family homes, the property to the east and the remains undeveloped (Map 1). 4.0 VEGETATION The Property is dominated by two plant associations: (1) Mountain Big Sagebrush Shrubland (Photos 3, 4) and (2) Gambel Oak / Saskatoon Serviceberry Mountain Shrubland (Photo 5). The plant associations on the Property consist largely of intergrades Wildlife & Ecological Assessment p, 4 Malastic Peaks, Lot 15 00001.E Colorado Wildlife Science. LLC March 23, 2007 between adjacent types with dominance or co -dominance of mountain big sagebrush or Gambel oak. 1. Mountain Bis Sasebrush Shrubland. The overstory consists of a sparse shrub layer of mountain big sagebrush, with a somewhat dense cover of perennial graminoids including Idaho and Thurber fescue and bluebunch, slender, and western wheatgrass. Mountain snowberry, antelope bitterbrush, green and rubber rabbitbrush, and Saskatoon serviceberry are common. Antelope bitterbrush and mountain mahogany increase in coverage where this community extends to moderate slopes. Forbs include arrowleaf balsamroot, bluebells, Erigeron spp., red paintbrush, silvery lupine, sticky geranium, and sulphur -flower buckwheat. 2. Gambel Oak / Saskatoon Serviceberry Shrubland. This association is characterized by a moderately dense to dense tall -shrub layer that is dominated by Gambel oak with a sparse to moderately dense short -shrub layer dominated by Saskatoon serviceberry. Utah serviceberry is present, but it is subdominant. The secondary shrub and herbaceous understory varies depending on slope and aspect. The composition includes xeric assemblages including species such as alderleaf mountain mahogany, antelope bitterbrush, mountain big sagebrush, Indian ricegrass, mule's -ears, and scarlet gilia on southerly and westerly aspects to more mesic assemblages that include species such as chokecherry, mountain snowberry, Utah serviceberry, Fendler's meadowrue, Richardson's geranium, bluebunch wheatgrass, and western wheatgrass. This plant association occurs as a sparse to dense shrubland composed of moderate to tall shrubs. 4.1 Significant Mountain Sage, Aspen, & Mountain Shrub Dominated Habitat The entire Property is occupied by portions of significant mountain big sagebrush and Gambel oak dominated mountain shrub ecological communities that extend beyond the Property boundaries (Map 1). 4.2 Endangered, Threatened, and Rare Plants There are several plants and plant communities with special conservation status known to occur on the Property. Gambel oak - alderleaf mountain mahogany / elk sedge and Gambel oak — Saskatoon serviceberry mixed montane shrubland associations on the Property are threatened throughout their global range and vulnerable to extirpation in Colorado (Spackman et al. 1999). In addition, the mountain big sagebrush shrubland associations found on the Property are tracked by the Colorado Natural Heritage Program and are considered vulnerable to imperiled at the global or state level due to residential and infrastructure development (CNHP 2006). Harrington's beardtongue (Penstemon harringtonii) may occur on the Property. Harrington's beardtongue is a rare, narrowly endemic vascular plant with a global range limited to an 82 by 48 mile area in the Colorado River drainage in northwestern Colorado (Panjabi & Anderson 2006). It is known from 74 occurrences in Eagle, Garfield, Grand, Pitkin, Routt, and Summit counties and is found primarily in dry, sagebrush -dominated communities between 6,400 and 9,400 feet in elevation (Panjabi & Anderson 2006). Harrington's beardtongue is usually found in open sagebrush shrublands on gentle slopes (Spackman et al. 1997, 1999). Harrington's beardtongue is not listed as threatened or endangered under the Federal Endangered Species Act (U.S.C. 1531-1536, 1538-1540) Wildlife & Ecological Assessment P 5 Majestic Peaks, Lot 15 00001 Colorado Wildlife Sdence. LLC March 23, 2007 although it was at one time a Category 2 (C2) candidate for listing (O'Kane 1988; Spackman et al. 1997), a category that is no longer recognized. Category 2 status indicated that although the species may be threatened or endangered, there was not enough information available to substantiate listing under the Endangered Species Act (Spackman et al. 1997). 5.0 WILDLIFE HABITAT AREAS & IMPORTANT ECOLOGICAL RESOURCES Wildlife habitat is addressed broadly to include locations that are ecologically significant and where activities or structures would interfere with important wildlife functions and activities as required by the LUC. The "important ecological resources" described herein are those wildlife species and other ecological elements that are of significant ecological, economic, regulatory, and/or political importance. Other ecological elements may occur on the Property but are not discussed in this report because they would not be significantly impacted by development of this Property and/or are not specifically regulated by local, state, or federal law or code. In addition, mule deer and elk serve as "umbrella species" (Caro & O'Doherty 1999; Lambeck 1997; Roberge & Angelstam 2004). By meeting the umbrella species' requirements, the habitat of many other species using the Property will be adequately supported. 5.1 Threatened and Endangered Species Although, there are no federally listed Threatened, Endangered or Candidate animal species known or suspected to occur on the Property nor is there critical habitat for any federally listed wildlife species known to occur on the Property, the Property is mapped as Canada lynx potential habitat. CDOW defines Canada lynx potential habitat as follows: "Those areas having the highest potential of [Canada] lynx occurrences in the state. These areas usually contain positive, probable, or possible reports" (CDOW 2007e). The U.S. Fish and Wildlife Service published a final rule on March 24, 2000 listing the Canada lynx in the coterminous United States as a "threatened" species under the Endangered Species Act (Federal Register: 65 FR 16052).. In Colorado, optimal lynx habitat consists of mature Engelmann spruce -subalpine fir forest stands with 42-65% canopy cover and 15-20% conifer understory cover (Shenk 2006). Most of the lynx released remain in either the release or the core area: New Mexico north to Gunnison, west as far as Taylor Mesa and east to Monarch Pass. Lynx have also established a core area in the Collegiate Peaks/Taylor Park area (Shenk 2006). The proposed critical habitat plan for lynx released by the U.S. Fish and Wildlife Service (Federal Register: 50 CFR Part 17 66008) omits Colorado, New Mexico, and southern Wyoming (United States Fish & Wildlife Service 2006). Canada lynx have not been documented on or adjacent to the Property (K. Wright, personal communication). 5.2 Ungulates' 5.2.1 Mule Deer & Rocky Mountain Elk The Property is within active summer range for both mule deer (Map 2) and elk (Map 3). In the spring and fall, large numbers of elk and mule deer migrate across the Property on 'See Appendix A for CDOW definitions of mule deer and elk seasonal habitats. Wildlife & Ecological Assessment Majestic Peaks, Lot 15 0`00020 P. 6 Colorado Wildlife Science, LLC March 23, 2007 their way between winter ranges at Crown Mountain north of the Property and summer range at higher elevation to the south. The south to southwesterly aspects of the Property provide limited winter range in years with a below average snowpack. Migration Corridors. Migration Patterns, and Staging Areas Situated at the divide between the West and East Sopris Creek watersheds, the Property lies within a broad mule deer and elk migration pattern between the Mount Sopris area down to winter range on Crown Mountain and Light Hill. There are two saddles on the top of the divide where the topographical constraints of three knobs (Photos 6, 7) or points form a bottleneck, forcing migrating animals into two narrow corridors (Map 4). One of these saddles is located on the Property (Photo 8). Site visits to the Property in 2002 and 2007 have confirmed that the use of these corridors is active and the saddle on the Property is heavily traveled by migrating elk and mule deer. The CDOW defines migration corridors as, "A specific mappable site through which large numbers of animals migrate and loss of which would change migration routes (CDOW 2007d)." In addition, mule deer and elk use the Property as transition range (migration habitat) — areas where they spend significant periods of time on their way between summer and winter ranges. Browse of preferred forage shrubs such as Gambel oak (Photo 9), Saskatoon serviceberry (Photo 10), and mountain mahogany is moderate to heavy on the lower slopes and heavy on and near the ridge top. Scat piles and tracks are densely concentrated in and around the two saddles. Production Areas Although the Property is mapped by the CDOW as part of an elk production area (CDOW 2007c), this mapping is inaccurate and likely a result of the scale of the mapping effort (K. Wright, personal communication). The Property is, however, proximate to an extensive production area (Photo 11) that extends east to Light Ranch (McBride) and south across the upper reaches of Section 36 and adjacent BLM, southwest to Hay Park and the headwaters of East Sopris Creek and west past Thomas Creek. For the most part, elk calving activity in the immediate vicinity of the Property is limited to aspen forest east, south, and west of the Property. Other Habitat It has been reported that the perennial spring on the Property is used as a wallow by bull elk during the fall rut (i.e., breeding season). Bulls wallow in mud scented with his urine to spread scent evenly over his body and advertise his fitness to females (Toweill et al. 2002). 5.2.3 Rocky Mountain Bighorn Sheep There is no mapped (CDOW 2007b) or field verified Rocky Mountain bighorn sheep habitat on or near the Property. The nearest occupied bighorn sheep habitat is over 2.25 miles to the west (CDOW 2007b). 5.3 Raptors No active peregrine falcon, osprey, golden eagle, or bald eagle nest or roost site is known to occur within a 0.5 miles of proposed development sites. No other raptor nests were Wildlife & Ecological Assessment P 7 Majestic Peaks, Lot 15 000021 Colorado Wildlife Science, LLC March 23, 2007 found during the site assessment or otherwise known to occur within 0.25 miles of proposed development. 5.4 Important Waterfowl and Wading Bird Habitat Areas There are no important waterfowl and wading bird habitat areas known on or adjacent to the Property. 5.5 Black Bears Black bears are very active in Section 36 in the non -winter months and the Property provides high quality fall forage for bears preparing for hibernation. There is a history of human -bear conflicts in the area. 5.6 Riparian Habitat There is no riparian habitat on the Property. 5.7 Isolated Jurisdictional Wetlands and Waters of the U.S. Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (Environmental Laboratory 1987). The LUC protects naturally occurring riparian and isolated wetlands (Pitkin County 2006). A formal wetland delineation of the Property has not been conducted. Based upon a winter site reconnaissance of the Property and discussions with the property owner it is likely that a perennial spring exists in the northwest portion of the Property below Section 36 Road. An examination of this site following snow -melt would be necessary to determine whether the area surrounding the spring meets the criteria of a wetland. 6.0 CONCLUSIONS Majestic Peaks, Lot 15 contains important mapped and field verified wildlife habitat regulated by the LUC. These habitats are actively used and direct or indirect loss of these habitat areas would have significant negative effects on migrating elk and mule deer and other wildlife. Appropriate habitat for Harrington's beardtongue, a globally rare and narrowly endemic plant species occurs on the Property. Harrington's beardtongue is known to occur in very similar habitat at the same elevation, slope, and aspect within the Sopris Creek watershed. 2. The entire Property is, except for Section 36 Road, occupied by significant mountain big sagebrush habitat and Gambel oak -Saskatoon serviceberry mountain shrub habitat. 3. One of the plant communities found on the Property is rare in the state of Colorado and globally. Gambel Oak - Mountain -mahogany / Geyer's Sedge Shrubland is ranked "vulnerable throughout its range or found locally in a restricted range ranked G3/S3 (NatureServe 2007)." Wildlife & Ecological Assessment Majestic Peaks, Lot 15 P. 8 Colorado Wildlife Science. LLC March 23, 2007 4. The Property contains one of two important active elk and mule deer migration corridors that connect a broad migration pattern between the East and West Sopris Creek drainages. Although this corridor is not mapped by the CDOW, Kevin Wright (CDOW District Wildlife Manager, Aspen) confirms its presence (K. Wright, personal communication). 5. The Property is heavily used as migration habitat/transition range by both elk and mule deer. 6. The Property serves as an important buffer between residential development in Section 36 and important wildlife habitat on lands administered by the Bureau of Land Management south of the Property. 7. A wetland may occur at the mouth of the apparent perennial spring which is reportedly used as a wallow by bull elk during the rut. Given the findings above, residential development of the Property would result in the direct and indirect loss of mountain big sagebrush and Gambel oak/Saskatoon serviceberry dominated mountain shrublands that provide important migration habitat and would likely result in the disruption of an active migration corridor and narrow a restricted migration bottleneck even further. Section 7-20-70(d)(5) of the LUC requires a 1/ mile (1,320 feet) buffer between any building or structure and wildlife migration corridors. Accordingly, the required buffers around the migration corridors on and near the Property completely constrain development (Map 4). Development would also result in direct impacts to a rare plant community and may affect a globally rare and endemic plant. As regulated by the Pitkin County Land Use Code, the Property is completely constrained by wildlife habitat areas and their buffers as described in §7-20-70. Wildlife & Ecological Assessment P. g' Majestic Peaks, Lot 15 00002ti: Colorado Wildlife Sdence, LLC March 23, 2007 7.0 Qualifications of the Preparer Colorado Wildlife Science, LLC is a small ecological consulting firm based in Basalt, Colorado specializing in wildlife and ecological assessments, baseline inventories, ecological planning, wildlife research and monitoring, habitat management, wetlands and riparian evaluation, and ecological restoration. Owner and Principal Ecologist Jonathan Lowsky, M.S. Wildlife Biology, Colorado State University, has a broad range of knowledge. With more than 15 years of professional experience with federal, state, and county agencies as well as two major universities Jonathan's career has focused on a diverse array of wildlife from bighorn sheep, elk, and songbirds to northern goshawks, flying squirrels and spotted bats. Mr. Lowsky's experience includes biological assessments and evaluations for NEPA compliance, conservation planning, GIS mapping and modeling, wildlife research, and ecological monitoring design and implementation, as well as wetland and riparian delineations, evaluations, and restoration. He has authored numerous management plans and conservation easement baseline inventory reports and published scientific papers. An expert birder, certified wetlands delineator, and passionate observer of wildlife, Jonathan has spent countless hours studying and appreciating Colorado's diverse ecological communities. Wildlife & Ecological Assessment P. 10 Majestic Peaks, Lot 15 00004 . Colorado Wildlife Science, LLC 8.0 Literature Cited March 23, 2007 Bailey, R. G. 1995. Description of the ecoregions of the United States. U.S. Dept. of Agriculture, Forest Service, Washington, DC. Caro, T. M., and G. O'Doherty. 1999. On the Use of Surrogate Species in Conservation Biology. 13:805. CDOW. 2006a. Colorado Species Distribution Maps Metadata - Mule Deer. Available online at httD:Hndis.nrel.colostate.edu/ftp/data/sam/meta/mule deer.html. Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins, CO. CDOW. 2006b. Colorado Species Distribution Maps Metatdata - Elk. Available online at httD://ndis.nrel.colostate.edu/ftD/data/sam/meta/elk.html. Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins, CO. CDOW. 2007a. Colorado Species Distribution Digital Data. Available online at h"://ndis.nrel.colostate.edu/. Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins, CO. CDOW. 2007b. Colorado Species Distribution Maps - Bighorn Sheep. Available online at httt):Hndis.nrel.colostate.edu/ftu/data/sam/bi2hom.zit). Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins, CO. CDOW. 2007c. Colorado Species Distribution Maps - Elk. Available online at htt-o:Hndis.nrel.colostate.edu/ftp/data/sam/elk.zip Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins, CO. CDOW. 2007d. Colorado Species Distribution Maps Metadata - Elk. Available online at httD:Hndis.nrel.colostate.edu/ftp/data/sam/meta/elk.html. Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins, CO. CDOW. 2007e. Colorado Species Distribution Maps Metadata. Available online at httn://ndis.nrel.colostate.edu/. Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins, CO. CNHP. 2007. Statewide List of Tracked Species and Communities. Online database available at httD://www.cnhD.colostate.edu/list.html. Colorado Natural Heritage Program, Fort Collins, CO. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. Lambeck, R. J. 1997. Focal Species: A Multi -Species Umbrella for Nature Conservation. Conservation Biology 11:849. Wildlife & Ecological Assessment Majestic Peaks, Lot 15 000025 P. 11 Colorado Wildlife Science, LLC March 23, 2007 NatureServe. 2007. NatureServe. NatureServe Explorer: An online encyclopedia of life [web application]. Version 6.1. Available online at httD://www.natureserve.orv-/ex-Dlorer.. NatureServe, Arlington, Virginia. O'Kane, S. L. 1988. Colorado's rare flora. Great Basin Naturalist 48:434-484. Panjabi, S. S., and D. G. Anderson. 2006. Penstemon harringtonii Penland (Harrington's beardtongue): a technical conservation assessment [Online]. USDA Forest Service, Rocky Mountain Region. Available: httn://www.fs.fed.us/r2/nroiects/scl)/assessments/nenstemonharrinutonii.i)df Fort Collins, CO. Pitkin County. 2006. Pitkin County Code (July 2006). Title 8, Chapter 7, Section 7-20- 80. Pitkin County, Aspen, Colorado. Roberge, J. M., and P. Angelstam. 2004. Usefulness of the Umbrella Species Concept as a Conservation Tool. Conservation Biology 18:76-85. Shenk, T. 2006. Lynx Update, November 17, 2006. Available online at httb://wildlife. state. co.us/NR/rdonlvres/56F725F 1-39DD-45E2-8F6F- 5EE51AD03E2F/0/LvnxUndateNov92006.b_ df. Colorado Division of Wildlife, Fort Collins, CO. Spackman, S., B. Jennings, J. Coles, C. Dawson, M. Minton, A. Kratz, and C. Spurrier 1997. Colorado rare plant field guide. Colorado Natural Heritage Program, Fort Collins, CO. Spackman, S., B. Jennings, J. Coles, C. Dawson, M. Minton, A. Kratz, and C. Spurrier 1999. Colorado Rare Plant Field Guide. Prepared for the Bureau of Land Mangement, U.S. Forest Service, and the U.S. Fish and Wildlife Service. Colorado Natural Heritage Program Fort Collins, CO. Toweill, D. E., J. W. Thomas, and D. P. Metz 2002. North American elk: ecology and management. Smithsonian Institution Press, Washington [D.C.]. United States Fish & Wildlife Service. 2006. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Contiguous United States Distinct Population Segment of the Canada lynx; Final Rule. November 9, 2006. 71 FR 66008-66061. Wildlife & Ecological Assessment P 12 Majestic Peaks, Lot 15 00002� Colorado Wildlife Science. LLC March 23, 2007 ECOLOGICAL ASSESSMENT OF RESIDENTIAL DEVELOPMENT FOR COUNTY REVIEW MAPS MAJESTIC PEAKS, LOT 15 Wildlife & Ecological Assessment p. 13 n Majestic Peaks, Lot 15 QQQ0 % 2 © § w �k k .0 0 �E w / CL CL/ ®Qr & $� « 000M, y .✓ �,` «.a ^+ate �+ '�"� IN 74 _'�"d''"�` T � � y � � �' �, �`L f . ! .►^i u," .F !` .A• �• �t y yr `�^S i i, c'• �' .+. ~2 £ a' �. -TM 'irc'K& s a tee•-y5-,.� •gym -NL,� ✓ �. Rte' � '� `�' `� -G.. x `''4� .d sn YA'! � -.. r o "t'+. �yam, • „`' +� � `b ^'.*�� ', £ `n •. _c� is ., k �� � �.A :�'n�"$='f.. �': _ MA y� S 117 �A.a illy ,> t Ak ��*� �ti. „gam e .� i�" "3 #�tl .zy ".' � pi P,• ,y YH.� '``'^' " , waF>m�h "t � '',�, w d'a � .i fid' ey , ��••.5. 3x ,..Y „y. ,."" ,gym. � ko IN �' ��w � y x�•- �.. �`. ,�` � � ,{ t�� AAS ��• �1�, � b. �'P„��z`ro �`• ...a `-�`x `R 4 ��� fi"�y. x: 'fM� &"1 � .yh� 4 � yl loll �'9r-:. »-�.e. ' +, tit .�,`..� '� . "�.,., a. °� �.?iµ .� .:�` %a'� r - �1.� �'7- , ,'�4.w. _ •4 �;. �..� ,�.. vY;:. '" �J^� i a 1 1 13 U, 3 L - 11 I CL 9v e 0 LO 0 o < w,9 0 o 2 r 0 fj) Piw 5t! Colorado Wildlife Science, LLC Wildlife & Ecological Assessment Majestic Peaks, Lot 95 000032 March 23, 2007 ECOLOGICAL ASSESSMENT OF RESIDENTIAL DEVELOPMENT FOR COUNTY REVIEW PHOTOS MAJESTIC PEAKS, LOT 15 P. 18 Colorado Wildlife Sdeno_, LLC March 26, 2007 Photo 1 draw .�pltri � � •. �, 10 Photo 2. Natural spring Photo 3. Mountain big sagebrush shrubland below Section 36 Road Photo 4. Mountain big sagebrush above the road Wildlife & Ecological assessment P. 99 Majestic ,Peaks, Lot 15 ,� `'Irv, i�• �+ Y'^Afx� Z j 1, iT r A�Y�Z�L\ f 4 f -T- IllyE-' 01""N '� ;, tFry Y C f l F .3 AM— .#.� ` b, . .,. �=`�y 1�A e :�� t "ti Si. ` .r ��`� "� l '•t�-. ��s'' s ����s�'st a�� �. .. _ Jill t w ", Photo 6. Eastern knob forming the saddle/migration corridor .#.� ` b, . .,. �=`�y 1�A e :�� t "ti Si. ` .r ��`� "� l '•t�-. ��s'' s ����s�'st a�� �. .. _ Jill Colorado Wildlife Science, LLC March 26, 2007 Photo 9. Moderately browsed Gambel oak r Photo 11. View le extensive production habitat west of the Property Wildlife & Ecological Assessment p. 21 Majestic Peaks, Lot 15 C= Z Cz '*w" Colorado Wildlife Science, LLC March 26, 2007 Photo 9. Moderately browsed Gambel oak r Photo 11. View le extensive production habitat west of the Property Wildlife & Ecological Assessment p. 21 Majestic Peaks, Lot 15 Colorado Wildlife Science, LLC March 26, 2007 APPENDIX A: CDOW NDIS ungulate seasonal activity area definitions (CDOW 2006a, 2006b) ROCKY MOUNTAIN ELK HIGHWAY CROSSING: Those areas where elk movements traditionally cross roads, presenting potential conflicts between elk and motorists. MIGRATION CORRIDORS: A specific mappable site through which large numbers of animals migrate and loss of which would change migration routes. OVERALL RANGE: The area which encompasses all known seasonal activity areas within the observed range of an elk population. PRODUCTION AREA: That part of the overall range of elk occupied by the females from May 15 to June 15 for calving. (Only known areas are mapped and this does not include all production areas for the DAU). RESIDENT POPULATION: An area used year-round by a population of elk. Individuals could be found in any part of the area at any time of the year; the area cannot be subdivided into seasonal ranges. It is most likely included within the overall range of the larger population. SEVERE WINTER: That part of the range of a species where 90 percent of the individuals are located when the annual snowpack is at its maximum and/or temperatures are at a minimum in the two worst winters out of ten. The winter of 1983- 84 is a good example of a severe winter. SUMMER CONCENTRATION: Those areas where elk concentrate from mid-June through mid-August. High quality forage, security, and lack of disturbance are characteristics of these areas to meet the high energy demands of lactation, calf rearing, antler growth, and general preparation for the rigors of fall and winter. SUMMER RANGE: That part of the range of a species where 90% of the individuals are located between spring green -up and the first heavy snowfall, or during a site specific period of summer as defined for each DAU. Summer range is not necessarily exclusive of winter range; in some areas winter range and summer range may overlap. WINTER CONCENTRATION: That part of the winter range of a species where densities are at least 200% greater than the surrounding winter range density during the same period used to define winter range in the average five winters out of ten. WINTER RANGE: That part of the overall range of a species where 90 percent of the individuals are located during the average five winters out of ten from the first heavy snowfall to spring green -up, or during a site specific period of winter as defined for each DAU. MULE DEER CONCENTRATION AREA: That part of the overall range where higher quality habitat supports significantly higher densities than surrounding areas. These areas are typically occupied year round and are not necessarily associated with a specific season. Includes rough break country, riparian areas, small drainages, and large areas of irrigated cropland. HIGHWAY CROSSING: Those areas where mule deer movements traditionally cross roads, presenting potential conflicts between mule deer and motorists. MIGRATION CORRIDORS: A specific mappable site through which large numbers of animals migrate and loss of which would change migration routes. OVERALL RANGE: The area which encompasses all known seasonal activity areas within the observed range of a mule deer population. RESIDENT POPULATION: An area that provides year-round range for a population of mule deer. The resident mule deer use all of the area all year; it cannot be subdivided into seasonal ranges although it may be included within the overall range of the larger population. SEVERE WINTER: That part of the overall range where 90% of the individuals are located when the annual snowpack is at its maximum and/or temperatures are at a minimum in the two worst winters out of ten. SUMMER RANGE: That part of the overall range where 90% of the individuals are located between spring green -up and the first heavy snowfall. Summer range is not necessarily exclusive of winter range; in some areas winter range and summer range may overlap. WINTER CONCENTRATION: That part of the winter range where densities are at least 200% greater than the surrounding winter range density during the same period used to define winter range in the average five winters out of ten. WINTER RANGE: That part of the overall range where 90 percent of the individuals are located during the average five winters out of ten from the first heavy snowfall to spring green -up, or during a site specific period of winter as defined for each DAU. Wildlife & Ecological Assessment p 22 Majestic Peaks, Lot 15 Colorado Wildlife Science, LLC APPENDIX B: Colorado Division of Wildlife letter of concurrence STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Bruce McCloskey, Director 6060 Broadway Denver, Colorado 60216 Telephone: (303) 297-1192 March 13, 2007 Colorado Wildlife Science, LLC 0100 Elk Run Drive, #128A Basalt, CO 81621 RE: Woodward parcel, Sec. 36 Dear Jonathan: March 26, 2007 *.i Ilk For Wildlife- Faa-People The Woodward parcel toward the end of Sec. 36, East Sopris Creek lies within mule deer and elk migration corridor/pattern, daily travel routes, transitional range, and limited winter range. Winter range use is restricted to light snow years and early/late winter periods. The greatest value of the parcel is the migration of mule deer and elk which passes across the parcel from the adjacent BLM to the Crown. The majority of this migration occurs in the lower points or saddles between the series of knobs located on the parcel. The parcel also contains transitional habitat for mule deer and elk which is considered to just as important as winter range. A variety of important browse species such as oak, serviceberry, sagebrush, and some mountain mahogany are found on the parcel. Many of these species are heavily browsed indicating a substantial amount of use by big game. In previous land use applications for this and adjacent parcels, recommendations were made to keep home construction out of these saddles due to their value for wildlife. Significant impacts to wildlife would occur if these areas would be developed. Use of this parcel as a TDR donor site would be very beneficial to wildlife and the Division supports this effort. If you have any questions, please give me a call. Sincerely, Kevin Wright District Wildlife Manager Aspen DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director WILDLIFE COMMISSION, Tom Burke, Chair • Claire O'Neal, Vice Chair • Robert Bray, Secretary Members, Brad Coors • Jeffrey Crawford • Rick Enstrom • Roy McAnally • Richard Ray a Ken Torres Ex Officio Members, Harris Sherman and John Stulp Wildlife & Ecological Assessment p. 23 Maje1tic Peaks, Lot 15 MISCELLANEOUS DOCUMENTS PUBLIC NOTICE RE: Woodward Constrained Lot TDR (CASE# P072-07) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, July 11, 2007 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main Street, Aspen to consider an application submitted by Bob Woodward (21 SE 3rd Street, Evansville, IN 47708) requesting approval for two Constrained Lot TDRs. The property is located on Majestic Peaks Pointe and is legally described as a portion of the South 1/2 of Section 36, Township 8 South, Range 87 West of the 6th P.M. The State Parcel Identification for this property is 2465-364-00-014. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Ezra Louthis at (970) 920-5092. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on June 10, 2007. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date APR -02-2001 NON 10:03 AN County of Pitkin State of Colorado FAX NO. AFFIDAVIT OF NOTICE & ss. MAILING PURSUANT TO PITKIN COUNTY LAND USE CODE SECTION 4-90 ` ' "u w ' t � being or representing all Applicant to the itkin County D velopmertt Permit, personally certify that I have complied with the public notice requirements pursuant to Section 4-90 of the Pitkin County Land Use Regulations in the following manner: L By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all owners of property adjacent to the subject property, as indicated on the attached list, on the II day of aaE 20OT(which is-�b days prior to the public hearing date of -i II The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from th nearest public way) and that said sign was posted and visible continuously from the _ day of , 200To the 1�ay oft 200 (Must be posted for at least fifteen (15) fulI days before the posted sign is attached hereto. 1 T�W�AU� i Applicant's name Signature (Attach hot graph here) i o -C q date). A photograph of the Signed before methis__// day of ,� 200iby ESS MY HAND AND OFFICIAL SEAL My cornission expires: !:2 "1- 2,2�A Woodward Constrained Lot TDR (CASE# P072-07) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, July 11, 2007 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main Street, Aspen to consider an application submitted by Bob Woodward (21 SE 3`d Street, Evansville, IN 47708) requesting approval for two Constrained Lot TDRs. The property is located on Majestic Peaks Pointe and is legally described as a portion of the South % of Section 36, Township 8 South, Range 87 West of the 6`� P.M. The State Parcel Identification for this property is 2465-364-00-014. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Ezra Louthis at (970) 920-5092. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on June Constrained Site TDR Lot 15, Majestic Peaks Pointe - PID# 2465-36400-014 Adjacent Property Owners of Record Glenn A. Pendergast 128 Spring Street Harrington Park, NJ 07640 Woodward Properties, LLC c/o Woodward, Robert 4763 Rosebud Lane Newburgh, IN 47630 Smith, Charles Mac Donald 60% 3714 Bear Ridge Road Basalt, CO 81621-8115 Bureau of Land Management Glenwood Springs Field Office 50629 US Hwys 6 and 24 Glenwood Springs, CO 81601 3 3 m PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Colorado Division of Wildlife FROM: Ezra Louthis, Community Development Department RE: Woodward Constrained Lot TDR, (CASE P072-07; PID 2465-364-00-014) DATE: May 21, 2007 Attached for your review and comments are materials for an application submitted by Bob Woodward. The Board of County Commissioners will review the application on Wednesday, July 11, 2007. Please return your comments to me by Friday, June 22, 2007. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. PITKIN COUNTY COAV4UNTPY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX # (970) 920-5439 May 21, 2007 Haas Land Planning 201 North Mill Street, Suite # 108 Aspen, CO 81611 Re: Woodward Constrained Lot TDR (PID 2465-364-00-014; Case P072-07) Dear Mr. Haas: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public hearing by the Board of County Commissioners on Wednesday, July 11, 2007 at a meeting to begin at 12:00 P.M. in the Plaza One Meeting Room at 530 East Main St., Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice will be sent to you by the Community Development Department). The names and addresses shall be those on the .current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Ezra Louthis, the planner assigned to your case, at 920-5092. Sincerely, Bonnie Waechtler Administrative Assistant _ SC Encl: Affidavit of Notice (Code Section 2-20-100) ANNED STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Mark B. Konishi, Acting Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife. state. co. us June 5, 2007 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 RE: Woodward Constrained Lot TDR Dear Ezra: sfo� OF �y4 For Wildlife - For People The Woodward site contains significant habitat values f9r a variety of wildlife. Development of the parcel, especially in the saddle areas would have significant impacts to wildlife, especially the migration of mule deer and elk through the property. The Division concurs with Colorado Wildlife Science's report contained within the application. Included in the application is a letter dated March 13, 2007 from DWM Kevin Wright confirming the parcels significance for wildlife and support for a constrained parcel status and TDR donor site. Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright at 947- 2920. Sincerely, rerry 1 Ar ildlife Manager Cc: R. Velarde, K. Wright, file DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director WILDLIFE COMMISSION, Tom Burke, Chair • Claire O'Neal, Vice Chair • Robert Bray, Secretary Members, Dennis Buechler • Brad Coors • Jeffrey Crawford • Tim Glenn • Roy McAnally • Richard Ray Ex Officio Members, Hams Sherman and John Stulp 21924 NAME. COMwUNITY DEVELOPMENT DEPARTMENT' p ADDRESS/PROJECT. '4J:.- 130 South Galena Street Aspen;, Colorado 81611 (970) 920-5526 CHECK# Pitkin County DATE:, r "; Land Use; 172 Boardof Adjustment 159 County Land Use Code 174 Flat Fee 162 Zoning and Sign 169 Public Notice+ "P " - 160 Planning Enforcement 175 Hearing Officer Referral Fees: 210 Airport LUC01 County Clerk 211 County Engineer 194 Environmental Health 208 Historic 198 Housing 190 Land Management 209 Redstone HPC - 206 Wildlife Officer Building Fees: 170 Board of Appeals 105 Building Permit 120 Electrical Permit 195 Energy Code Review 115 Mechanical. Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 152 AVFD Fire Marshal 158 BFD-Fire Marshal Other Fees: 155 Use Tax 165 Copy PZ005 _ Master Plan Copy 185 Park Dedication IS �../� GIS Requirements 161 _jJ1 Housing Impact Fee B1202 Road Impact Fee B1203 School Impact Fee TOTAL ` Y' NAME. A p ADDRESS/PROJECT. '4J:.- PHONE . CHECK# CASE/PERMIT#s DATE:, r "; INITIAL r'. PLATS 0 0 Pound Rotbar & cop Lot 13 ss.. /6,,S acres e-. t 9� NLtel'r10' : / WA �' fir: N, ,f 5 lot /J, S5 994f acres U I V / Fence Lino \ 589gyp 181. /7} ; .35114{ 30 .00, 30. Do* Ski' ea w, Found Usan BMW Cap East 1/4 Corner Section 36 US, R.87W. of the 6th P.M. of 1"41 M. 4W.0 aMVS Fence Line E 60 ergot of M43y snarl _ e Utilyty Easement as ` �- descnb ed in Book 292 � / at Page 795 Fence Line / eh R. _ Z tot 16' 0ck 3E a3 04 JS 077, acres section tY 586'ai9'3$'i4' �^r �d Fbimd U-4MO Brass Cap , 3 'La t� 2 South 1/4 Carnot S"Man 36 T.BS., R.87W of the 6th P.M. Legend and Notes: ifajestc peaks Pointe Subdivision szan Fxcmat2arL Plat 12 of Section Parcela Land SituatedSouth1 f 'a one lisp 8 South, t�'��qc �� J�eS� of �`�� 6'�/� Pr�na;'ipal 4e;s"ia�'l �`G County of P dein, State of Colorado Logaf ooscrotian- Entire Parcel A parcel of /and situated in the south 1/2 of Sectiwr 36, Toavnahip 8 South, Range 87 Mout of the SUM Principal A4a"dian, Pitkin County Colorado being y mora partfsulally assolbed as follows Bo rmnkuf at the southeast corner of said .Section 36 a U.SCL.O Bons Cap found tri pines with all bearings bofng relative to the beorkng between sold =� U.S42L.0. Braes Cop found In place using a beotyng of N 001W56' W between the y ti ag nonoo, along the sauthen`y section line of said Section 36, S 887956' W a ati distarras of 2&U95 feet to the south 1/4 corm of said Section 36, p Thence; agothuft along sold sectrwr 11ne. 5 893504' W a distance of 181..77 fret• Mwwa; agoartrhg said section line N 00'00'00' E a distance of 139.82 feet to a point on theterdine of a sixty foot right of way and uNr'ty easement as �4. dasei'h'+ad in Book M? of Page 795-, M000a along sold conferllna the Wowing SIX (6) course 1) 112J0 fmt along the arc of a curve to the right ha*g a 7250 foot ZraT a centra ongle of 88'45'07" and SubtenaOmg a chord bearkag of 463734' W a distance of 101.41 feet• 2) 7 hsrac% N of 15'W' W a distance of 265.00 feet. 3) Man44 87703 foot along the arc of a curve to the /aft haWng a 3Ao3a$o foot radrlis; a central angle of 16+15'00' and subtandng a p� V chord be g.. of N 0937'30' W a orstance of 873.91 fast, - 4) fiance, 431.68 foot along Moe arc of a curve to the right, having a 40a0V foot radius, a central angle of 6130101" and su4btandrng a chard big of N 1255100' E a distance of 411.03 feet, 5) fianc% N 435000" E a dafance of MO -00 Met i South 1/16 6) Thernnce, 5741 feet dang the arc of a curve to the /aft haying a S. b. 114 MW foot radius; a control angle of 59448'23' and subtending a ifajestc peaks Pointe Subdivision szan Fxcmat2arL Plat 12 of Section Parcela Land SituatedSouth1 f 'a one lisp 8 South, t�'��qc �� J�eS� of �`�� 6'�/� Pr�na;'ipal 4e;s"ia�'l �`G County of P dein, State of Colorado Section Section 31 Fence Lune.roe, ` ,'E Awn a Arent 4 Found -� Fouund USG'LO i#•ass cop Southeast corm Section 36 21§34.95' r8S, R.$7W of the 6th P.M. Section 1 Section 6 to k4wtos friend manument as daso-aed. • kidcafes monument to be set pr rebor and Rad Pdastfo Com (leioCL L 11638 This plot was aw;ttd to ad' the lot linos betheaat Lots 13, 14, 15 and 16 and prawn occeee and UtNy artsontents to sold Lots 1.T 14,: 15 and 16 Berl logs are beNd Wan 2 1/2' L1 St;.L 0. trans Cris ftr)nd dt the southeast cow and east 1/4 comer of Section M uskng a bea-pg of ,Y00V4'i56 V between the two de cd Monuments. Mis map aloes not repro"At an knpravement sunny or knpruvement /acatkah certificate. This survey does nod r4wvswt a lith s*reh by this aurW)w tam dsfermite ormor:047 or to cbaawer easements or other andunnbrmnses of record Ad information partm)9 g to oonershoa easements or Other encumbrances of rowrd has boom taken from tido insurance carnrnrTieonts issued Dy Palin County Title hm dated March 26 jW as *wff Numbers P0773773C:X PC773770C2 PC71.A'71C2 and PC77J77=.. Those pnFWtfe9 & subject to 4vardnt easements for exfsNhg utilities and #r*J0VW 41AW1e9 GRAPHIC SCS Fences that barge' or am k Lots 14 14, 15 and 18 do not nocoawnYy sal e. wo apo 4P represent 1knits of oeonamhip- _ Bk 7 g 79 4o this 9p� ore omo� �t oto ft r d9re Wc*ft how andSrco"CIZatent: 1 luau - M t! _ ProParties shown o this plat ore subject to the tenons, condltfonr pr0vi*rM4 obligation$ or swwtR restrkt/o A asoossments and alk matter's as sot forth in Protoctive Caveh oats roe creed km Book 245 at page N6 and as masetsnded by instrumdnt recoiled in Soak 610 of Pop M 1� . pSrZRf.rfY4Gi SF,Ro frFS° 226 Heather Lane Glenwood Springs, Colorado 81601 (970) 928-97.08 (FAQ' 947-9007) cjtuffle. ofnet L�xE TA Lew t#EARfNC L i#1 Lego! oescrotion- Lot 13 A paras/ of /and situated ki the south 1/2 of Section 36, 7ownsh.90 8South, Rastas 87 MW of the Sixth Principal MeM#w, Pitkin County Colorado bohg mare porticalaliy described as fb#ows &Owkgg at o point on Mme easterly section line of sold Section 36 whence the soothe of coroner of sold Swtksn 3fi a USO.L a $toss Cap frond fn place, boars $ 00M%6' E o distance of 2325.90 feet with all bearings bekhg rdatlw to the beanhg between said southeast corner of Section 36 and Mme• east 1/4 comer 01 sold SenzMon 36 o USCLO Brass Cop found in place us&og a bearing of N af337056' w betwcsn the two deserrtaed monuments Ti s along sad oastedy sactron lfrha S oot'?v' E a dm§tanco 'of 1'i25;e^ fee#; 77ha wm oe"rtkhg said section line S 6325'10' W a distance of 1345.18 fast. fi S 6375Y0" W a d/etonoo of 646-00 fact nonc& S 00t30100' W a distance of 102.90 feet; Mw N SVMVt0' w a &$tong* of 1264.99 fast to a ponnt on the centa07* of a So froi right of way and utilty easement described fn Bock 292 at Page 795; name, along send centofnth e e following thrra (3) courses, 1) i7 78 fart akng Me arc of a curve to the night, hating a 400..00 fiat rodfus a tetra angle of 55'49'56' and subtending o chard beading of N 1535x0.7' E a oie'taasce of 374.54 feet 2) Tiaawr e N 43'.1000' E a &stance of 35000 feet 3) Thong4 5741 feet along the aro of a curet to the /eft having a =00 foot radius; a control angio of 59*8123' and subtanoVing a chord bearing of N 13'49' E a distance of 5A84 f04, nenc4,gold centecrfkno N 74Y113.3' E a distance of 30.,322 feet; 7770004 N 853 ' E a distance of 14=00 faet Mmc% N 7432'54' E a dfetance of 99&73 feat to the point of begfnnkng, oontakl&ng an area of 3.5155 acres, more or less. Lego DowotA m- Lot 14 A parcel of lend situated In the south 1/2 of Section 36, Township 8 South, Roago 87 West of the Sixth A*C# a Meridian, Pft*kn County, Cdarado Wag more partiaulaly des"od as f *wv Qe9'km�9 at the: southeast earn of said Section 36 o U.S. E L. D. Brrlss Cap fxungt � ptaciu With all' baarfinpqs being relatlwr to the bearing betwomvn said sexttlnaratef comm of Section 3f3 and the east 1/4 canner of sold Set tion i6 a U.S6L.47 6lraos4 Clga found kn plane usfimg o bearing of N 0071056" W batweern the two d� inenurrhonts. fiance along the southerly Mian line of said' Section .� S 8679'86' W o ddsfdiaa of 47Yi 44 ieet; thea a�pos len sa1:f section line< N oax3c7 f3o" E a datance of 29!.72 foot, 73rane N 22y853" W a distance of SM -00 feet; 17pruxs N 60rf3'a3' W a distance of 571765 feet 7Aerna N 00'V'OO' E a arftawe of 478.00 fast, - 9# ncat N 6375711' F a distance of IM 18 filet to a POO t on the sastarly section AM of sold Section .36; ifrerl44 dobng SOW secctirn line of said Section 38 S OOt70056' W a distance of 218.738 fret' to the point of beg/nnrhg, said parcel c,ontakning an area of 38408 M riw more or less Lopet Description- Lot 16 A parol/ of land situated in the south 1/2 of Section 36, Township 8 South, R4 nae 87 Woof of the Sixth Ptlnoyod kler%dl1n, Pitkin County Colorado being mfr potuwlany descrlbed as Bows. Begkankrg at a point oro the southerly section litho of e.siri Sec#ion 36 wdreunce the southeast sorrier of said S�tfcn a U.SGL.O. Bross Cap found k+ plica treats N 867956' E a dystas+ee of 476 44 Etat with oN bearings being relatrwo to the beat tre#tvearn said souffles# corner of Section 38 and Hoe test 1/4 corrreo of slid Sectlaa .�, o LdSCLtl Brass Cap found to place using a beaming of N f+?)fi'S6' W between the two descrriaed monuments Thmi� adtvig said southerly section line 58619 56' W a distance of 1.=11 > nen" d4wiing said section lkae N 007301170' £ a distance of 1405:00 feat nonox N 6375'10' E a distance of 44600 foot; Bianco S o0tvVo' W a dsteslae of 47800 feet,• fidmdet S 60170'00' E a dfstonce of 578.65 feet; Tfaviel3 $ 227853' E a dfstanoo of 600.00 foot,• 77hanc4 S WWVD* W a dstonce of 291.72 foot to the point of begkaft said parch contabakng 51073 acres more or less. Legal 0escrliation- Lot 15 A parcel of /and situated in the south 1/2 of Section 36; Tawn.400 8 South, Range 87 Wast of the Sbrth Precool A/enda, Pitkin County, Colorado bsk t7 more porticuluriy descraod as Wows Begkining at a patter on tate sorltharly section ltne of said Section 36 whenao the southeast casrmar of sold Section 36 a U.SCL.Gi tineas Cap henna kl piacan bears N EhS�9"56' E a dstartee of 1785.55 feet wain di bemnrkags bektg redative to the bldg between said a�wtheast loaner of Seatrm9 36 and the los# tj'4 comer of ootid Sac#lxm g6 a U.!, L.GZ dross Cap found in place using o bea2ring of N iki47056' W between the two dascrAbed naonumen#s Thences Gong said snzr#harr9y section lig s 86�9?56' W a distgnc® of 849.40 feet to the socrth 1/4 comer of sold Sectarh 36 o tJ a fa L.lA tFrass Cap feruna in ply Thence, contlnufng along sold southerly section line S 8935104" W a distance of 181.77 feet Thence, eeacrVrIg sad section line N Ooi70 Ell' E a distance of 139.82 feet to a point on the cenferlkM of a s&fy foot right of Way and utNty easement deveridto' fn Book 292 at Page 795; 7lnsneQ, Gang sold cortedke rhe fo#owing four (4) courses 1) 11230 feet along the ac of a curve to the Wit, haying a 7250 Rent radius a cbrnfra/ anile of 88WV7" and subtending a chord bearing of N 45'3734' W a oatanae of 101.41 feat 2) nonce, N 0175100' if a distance of 26:500 feet 3) Thence, 87703 fleet along the arc of a curve to the left. hawing a MOD00 foot rages, a central angle of 1645'00' and subtendingg a chord bearing of N 09;37'30' W a distance of 873.91 fest 4) Thence; 41.90 feet along the arc of a curws to the right hav0V a 400.00 foot retdhrs a central angle of 6 0'05" and subtenobg a chord becxrkar of N 14359'59" Wo ddstance of 41.88 foot fiance, deparhhg sold centedhie S 88'SSm'Oo' E a distance of 1264.99 fest; nonce, S dfll'i100''00I W a distwoe of 1302.10 feet to the painf of boob ink said parcel containing an area of M.034 acres, more or lsm The parcels as desanbed and shown hereon are subject to the access c utr7ity easement as shown hereon and as described belom A strip of land situated in the south 1/2 of Susctlon 36, Townahtp 8 South, Rongo 87 Nowt of the Sixth Prrncipo/ Aloridan, P&kan County Colorado, a sfxty foot easotfne nt fn width, 3O feet on each side of the Wowing described cewto BVhwing at a point whence the souffio4:st comer of sold Section 36 o U..S&LO.. Bloss Cap found In places bears S55V1'051E a distance of 3281.57 feet wyth off boorogs bekrg relative to the bfan ng between said southeast corner of Soatlovn 36 and the east .';/4 cc of sake ,Section 36 a U.SaL.O. Brass Cop found /n place usbag a bearing of N 00VO'S6' W between the two described manurneats, Mange 5741 feet long the arc of a curve to the right having a radXrs of 55.00 fast Tiaernae So,th 43wloo' Most j5a00 feet,' Thenars ,x1.68 feet &acq t e o,, of a cure to the Left .honing o radius of 40D90 feet Thence 87701Y feet o0ong the arc of a curve to the right having a radius of -VW 00 foot fievxe South Of 75 0t3' East 265. CO feet; Thence 2M42 foot along the arc of a curve to the left having a radlu. of 72.50 foot nonce Nadia 1.1'15-00' East 117.50 feet fiance 541.99 that atong the arc of j, curve to the right haying a radius of 68A50 lea% Thence North 5845`00' East 147.50 foot; nonce 26t.22 feet along the arc of a cu va to the left having a r-adiu:> of 4OaOO feet Thence North 217000* East 275.00 feet, fiance 56287 feet dung the arc of a curve to the right haWng a redNe of .000 feat Mance South 1517-0$10•' ,Fast M2.00 feet; Thames 411.88 fret along fha arc of a curve to the loft heifng o radfue of MOO fret; fierce 411.03 milli along the arc of a c. ,rve to the left having a rogue of 90Fe100 feet, nonce, 127.90 feet along the arc of a. Vd to the loft haaIng o radius of lea00 feet to the end of said road *i7once the sold southeast conger of Seatdwh 36 bears 5327855'1 981.45 feet. Surweyar's Cer•tita: 1, Jefhey Allan Tuttle do hereby certi9ry oho:' / am a ProMeslonal Land Sunwwr lfcemsed under the /Ow of the Stat of Cdcrodo, that this plot is a true correct and complete plat of -40wt , Subdiv 0a ExeMptian Plot as lois! out platted, dedicated and shown &-oon, that such plat was mode by me f nm an accurate sunray of said prOrarty by me, and w7ow my supervision and carmotly shows the location and dimenSims of the bomr4ary cord easements of ,, f subdivision as the save ars staksd upon the ground 1n compiis - co with opplieo&e rogulatlons gowning the subd• ` /and IN M#TiKSB MIfERkaic / fn .m3f ca sand this - day of ,e," big - A. ' y4 e Acceptance for Recording: This plot :s meted for f/ikhg in the office of the Gar* end Recorder of Pukka aunty, Colorado, at on Moa __day of 2001 as Reception tic. w %.mei Gook Recorder By ty Sa'tua&e in the SOMA 1/2 Job • No. of seeta't n 78, 1'oafsrbsk p N South Drawn by Range 477 AW o, f Me 6th P.jV Da€e: lMta n ctzun4(j, Co. by Logaf ooscrotian- Entire Parcel A parcel of /and situated in the south 1/2 of Sectiwr 36, Toavnahip 8 South, Range 87 Mout of the SUM Principal A4a"dian, Pitkin County Colorado being y mora partfsulally assolbed as follows Bo rmnkuf at the southeast corner of said .Section 36 a U.SCL.O Bons Cap found tri pines with all bearings bofng relative to the beorkng between sold southeast eawner of section 36 and the east 1/4 corner of sad Sftchbn 36 a U.S42L.0. Braes Cop found In place using a beotyng of N 001W56' W between the y two: doeardbed Monuments. ag nonoo, along the sauthen`y section line of said Section 36, S 887956' W a ati distarras of 2&U95 feet to the south 1/4 corm of said Section 36, p Thence; agothuft along sold sectrwr 11ne. 5 893504' W a distance of 181..77 fret• Mwwa; agoartrhg said section line N 00'00'00' E a distance of 139.82 feet to a point on theterdine of a sixty foot right of way and uNr'ty easement as �4. dasei'h'+ad in Book M? of Page 795-, M000a along sold conferllna the Wowing SIX (6) course 1) 112J0 fmt along the arc of a curve to the right ha*g a 7250 foot ZraT a centra ongle of 88'45'07" and SubtenaOmg a chord bearkag of 463734' W a distance of 101.41 feet• 2) 7 hsrac% N of 15'W' W a distance of 265.00 feet. 3) Man44 87703 foot along the arc of a curve to the /aft haWng a 3Ao3a$o foot radrlis; a central angle of 16+15'00' and subtandng a p� V chord be g.. of N 0937'30' W a orstance of 873.91 fast, - 4) fiance, 431.68 foot along Moe arc of a curve to the right, having a 40a0V foot radius, a central angle of 6130101" and su4btandrng a chard big of N 1255100' E a distance of 411.03 feet, 5) fianc% N 435000" E a dafance of MO -00 Met i South 1/16 6) Thernnce, 5741 feet dang the arc of a curve to the /aft haying a S. b. 114 MW foot radius; a control angle of 59448'23' and subtending a Section 36 chard "wing of N 1355'49' E a dstonce of 5t84 filet; noneo, deport"" sold centerline N 74171'53' E o distance of 30122 feet, nonce;N 8533?Y3t7 E a distoncs of 1435.00 feet,• Mo nv4 N 74'5,754' E a distance of 999.73 feet to a point on the easter dy section line of sold Soden 36, Tens aalohg sold easterly section line S OOM56" E a distance of 2326,90 flet to the paint of bVhnfng cantoankn¢ an area of (4,1669 acres, more or less Section Section 31 Fence Lune.roe, ` ,'E Awn a Arent 4 Found -� Fouund USG'LO i#•ass cop Southeast corm Section 36 21§34.95' r8S, R.$7W of the 6th P.M. Section 1 Section 6 to k4wtos friend manument as daso-aed. • kidcafes monument to be set pr rebor and Rad Pdastfo Com (leioCL L 11638 This plot was aw;ttd to ad' the lot linos betheaat Lots 13, 14, 15 and 16 and prawn occeee and UtNy artsontents to sold Lots 1.T 14,: 15 and 16 Berl logs are beNd Wan 2 1/2' L1 St;.L 0. trans Cris ftr)nd dt the southeast cow and east 1/4 comer of Section M uskng a bea-pg of ,Y00V4'i56 V between the two de cd Monuments. Mis map aloes not repro"At an knpravement sunny or knpruvement /acatkah certificate. This survey does nod r4wvswt a lith s*reh by this aurW)w tam dsfermite ormor:047 or to cbaawer easements or other andunnbrmnses of record Ad information partm)9 g to oonershoa easements or Other encumbrances of rowrd has boom taken from tido insurance carnrnrTieonts issued Dy Palin County Title hm dated March 26 jW as *wff Numbers P0773773C:X PC773770C2 PC71.A'71C2 and PC77J77=.. Those pnFWtfe9 & subject to 4vardnt easements for exfsNhg utilities and #r*J0VW 41AW1e9 GRAPHIC SCS Fences that barge' or am k Lots 14 14, 15 and 18 do not nocoawnYy sal e. wo apo 4P represent 1knits of oeonamhip- _ Bk 7 g 79 4o this 9p� ore omo� �t oto ft r d9re Wc*ft how andSrco"CIZatent: 1 luau - M t! _ ProParties shown o this plat ore subject to the tenons, condltfonr pr0vi*rM4 obligation$ or swwtR restrkt/o A asoossments and alk matter's as sot forth in Protoctive Caveh oats roe creed km Book 245 at page N6 and as masetsnded by instrumdnt recoiled in Soak 610 of Pop M 1� . pSrZRf.rfY4Gi SF,Ro frFS° 226 Heather Lane Glenwood Springs, Colorado 81601 (970) 928-97.08 (FAQ' 947-9007) cjtuffle. ofnet L�xE TA Lew t#EARfNC L i#1 Lego! oescrotion- Lot 13 A paras/ of /and situated ki the south 1/2 of Section 36, 7ownsh.90 8South, Rastas 87 MW of the Sixth Principal MeM#w, Pitkin County Colorado bohg mare porticalaliy described as fb#ows &Owkgg at o point on Mme easterly section line of sold Section 36 whence the soothe of coroner of sold Swtksn 3fi a USO.L a $toss Cap frond fn place, boars $ 00M%6' E o distance of 2325.90 feet with all bearings bekhg rdatlw to the beanhg between said southeast corner of Section 36 and Mme• east 1/4 comer 01 sold SenzMon 36 o USCLO Brass Cop found in place us&og a bearing of N af337056' w betwcsn the two deserrtaed monuments Ti s along sad oastedy sactron lfrha S oot'?v' E a dm§tanco 'of 1'i25;e^ fee#; 77ha wm oe"rtkhg said section line S 6325'10' W a distance of 1345.18 fast. fi S 6375Y0" W a d/etonoo of 646-00 fact nonc& S 00t30100' W a distance of 102.90 feet; Mw N SVMVt0' w a &$tong* of 1264.99 fast to a ponnt on the centa07* of a So froi right of way and utilty easement described fn Bock 292 at Page 795; name, along send centofnth e e following thrra (3) courses, 1) i7 78 fart akng Me arc of a curve to the night, hating a 400..00 fiat rodfus a tetra angle of 55'49'56' and subtending o chard beading of N 1535x0.7' E a oie'taasce of 374.54 feet 2) Tiaawr e N 43'.1000' E a &stance of 35000 feet 3) Thong4 5741 feet along the aro of a curet to the /eft having a =00 foot radius; a control angio of 59*8123' and subtanoVing a chord bearing of N 13'49' E a distance of 5A84 f04, nenc4,gold centecrfkno N 74Y113.3' E a distance of 30.,322 feet; 7770004 N 853 ' E a distance of 14=00 faet Mmc% N 7432'54' E a dfetance of 99&73 feat to the point of begfnnkng, oontakl&ng an area of 3.5155 acres, more or less. Lego DowotA m- Lot 14 A parcel of lend situated In the south 1/2 of Section 36, Township 8 South, Roago 87 West of the Sixth A*C# a Meridian, Pft*kn County, Cdarado Wag more partiaulaly des"od as f *wv Qe9'km�9 at the: southeast earn of said Section 36 o U.S. E L. D. Brrlss Cap fxungt � ptaciu With all' baarfinpqs being relatlwr to the bearing betwomvn said sexttlnaratef comm of Section 3f3 and the east 1/4 canner of sold Set tion i6 a U.S6L.47 6lraos4 Clga found kn plane usfimg o bearing of N 0071056" W batweern the two d� inenurrhonts. fiance along the southerly Mian line of said' Section .� S 8679'86' W o ddsfdiaa of 47Yi 44 ieet; thea a�pos len sa1:f section line< N oax3c7 f3o" E a datance of 29!.72 foot, 73rane N 22y853" W a distance of SM -00 feet; 17pruxs N 60rf3'a3' W a distance of 571765 feet 7Aerna N 00'V'OO' E a arftawe of 478.00 fast, - 9# ncat N 6375711' F a distance of IM 18 filet to a POO t on the sastarly section AM of sold Section .36; ifrerl44 dobng SOW secctirn line of said Section 38 S OOt70056' W a distance of 218.738 fret' to the point of beg/nnrhg, said parcel c,ontakning an area of 38408 M riw more or less Lopet Description- Lot 16 A parol/ of land situated in the south 1/2 of Section 36, Township 8 South, R4 nae 87 Woof of the Sixth Ptlnoyod kler%dl1n, Pitkin County Colorado being mfr potuwlany descrlbed as Bows. Begkankrg at a point oro the southerly section litho of e.siri Sec#ion 36 wdreunce the southeast sorrier of said S�tfcn a U.SGL.O. Bross Cap found k+ plica treats N 867956' E a dystas+ee of 476 44 Etat with oN bearings being relatrwo to the beat tre#tvearn said souffles# corner of Section 38 and Hoe test 1/4 corrreo of slid Sectlaa .�, o LdSCLtl Brass Cap found to place using a beaming of N f+?)fi'S6' W between the two descrriaed monuments Thmi� adtvig said southerly section line 58619 56' W a distance of 1.=11 > nen" d4wiing said section lkae N 007301170' £ a distance of 1405:00 feat nonox N 6375'10' E a distance of 44600 foot; Bianco S o0tvVo' W a dsteslae of 47800 feet,• fidmdet S 60170'00' E a dfstonce of 578.65 feet; Tfaviel3 $ 227853' E a dfstanoo of 600.00 foot,• 77hanc4 S WWVD* W a dstonce of 291.72 foot to the point of begkaft said parch contabakng 51073 acres more or less. Legal 0escrliation- Lot 15 A parcel of /and situated in the south 1/2 of Section 36; Tawn.400 8 South, Range 87 Wast of the Sbrth Precool A/enda, Pitkin County, Colorado bsk t7 more porticuluriy descraod as Wows Begkining at a patter on tate sorltharly section ltne of said Section 36 whenao the southeast casrmar of sold Section 36 a U.SCL.Gi tineas Cap henna kl piacan bears N EhS�9"56' E a dstartee of 1785.55 feet wain di bemnrkags bektg redative to the bldg between said a�wtheast loaner of Seatrm9 36 and the los# tj'4 comer of ootid Sac#lxm g6 a U.!, L.GZ dross Cap found in place using o bea2ring of N iki47056' W between the two dascrAbed naonumen#s Thences Gong said snzr#harr9y section lig s 86�9?56' W a distgnc® of 849.40 feet to the socrth 1/4 comer of sold Sectarh 36 o tJ a fa L.lA tFrass Cap feruna in ply Thence, contlnufng along sold southerly section line S 8935104" W a distance of 181.77 feet Thence, eeacrVrIg sad section line N Ooi70 Ell' E a distance of 139.82 feet to a point on the cenferlkM of a s&fy foot right of Way and utNty easement deveridto' fn Book 292 at Page 795; 7lnsneQ, Gang sold cortedke rhe fo#owing four (4) courses 1) 11230 feet along the ac of a curve to the Wit, haying a 7250 Rent radius a cbrnfra/ anile of 88WV7" and subtending a chord bearing of N 45'3734' W a oatanae of 101.41 feat 2) nonce, N 0175100' if a distance of 26:500 feet 3) Thence, 87703 fleet along the arc of a curve to the left. hawing a MOD00 foot rages, a central angle of 1645'00' and subtendingg a chord bearing of N 09;37'30' W a distance of 873.91 fest 4) Thence; 41.90 feet along the arc of a curws to the right hav0V a 400.00 foot retdhrs a central angle of 6 0'05" and subtenobg a chord becxrkar of N 14359'59" Wo ddstance of 41.88 foot fiance, deparhhg sold centedhie S 88'SSm'Oo' E a distance of 1264.99 fest; nonce, S dfll'i100''00I W a distwoe of 1302.10 feet to the painf of boob ink said parcel containing an area of M.034 acres, more or lsm The parcels as desanbed and shown hereon are subject to the access c utr7ity easement as shown hereon and as described belom A strip of land situated in the south 1/2 of Susctlon 36, Townahtp 8 South, Rongo 87 Nowt of the Sixth Prrncipo/ Aloridan, P&kan County Colorado, a sfxty foot easotfne nt fn width, 3O feet on each side of the Wowing described cewto BVhwing at a point whence the souffio4:st comer of sold Section 36 o U..S&LO.. Bloss Cap found In places bears S55V1'051E a distance of 3281.57 feet wyth off boorogs bekrg relative to the bfan ng between said southeast corner of Soatlovn 36 and the east .';/4 cc of sake ,Section 36 a U.SaL.O. Brass Cop found /n place usbag a bearing of N 00VO'S6' W between the two described manurneats, Mange 5741 feet long the arc of a curve to the right having a radXrs of 55.00 fast Tiaernae So,th 43wloo' Most j5a00 feet,' Thenars ,x1.68 feet &acq t e o,, of a cure to the Left .honing o radius of 40D90 feet Thence 87701Y feet o0ong the arc of a curve to the right having a radius of -VW 00 foot fievxe South Of 75 0t3' East 265. CO feet; Thence 2M42 foot along the arc of a curve to the left having a radlu. of 72.50 foot nonce Nadia 1.1'15-00' East 117.50 feet fiance 541.99 that atong the arc of j, curve to the right haying a radius of 68A50 lea% Thence North 5845`00' East 147.50 foot; nonce 26t.22 feet along the arc of a cu va to the left having a r-adiu:> of 4OaOO feet Thence North 217000* East 275.00 feet, fiance 56287 feet dung the arc of a curve to the right haWng a redNe of .000 feat Mance South 1517-0$10•' ,Fast M2.00 feet; Thames 411.88 fret along fha arc of a curve to the loft heifng o radfue of MOO fret; fierce 411.03 milli along the arc of a c. ,rve to the left having a rogue of 90Fe100 feet, nonce, 127.90 feet along the arc of a. Vd to the loft haaIng o radius of lea00 feet to the end of said road *i7once the sold southeast conger of Seatdwh 36 bears 5327855'1 981.45 feet. Surweyar's Cer•tita: 1, Jefhey Allan Tuttle do hereby certi9ry oho:' / am a ProMeslonal Land Sunwwr lfcemsed under the /Ow of the Stat of Cdcrodo, that this plot is a true correct and complete plat of -40wt , Subdiv 0a ExeMptian Plot as lois! out platted, dedicated and shown &-oon, that such plat was mode by me f nm an accurate sunray of said prOrarty by me, and w7ow my supervision and carmotly shows the location and dimenSims of the bomr4ary cord easements of ,, f subdivision as the save ars staksd upon the ground 1n compiis - co with opplieo&e rogulatlons gowning the subd• ` /and IN M#TiKSB MIfERkaic / fn .m3f ca sand this - day of ,e," big - A. ' y4 e Acceptance for Recording: This plot :s meted for f/ikhg in the office of the Gar* end Recorder of Pukka aunty, Colorado, at on Moa __day of 2001 as Reception tic. w %.mei Gook Recorder By ty Sa'tua&e in the SOMA 1/2 Job • No. of seeta't n 78, 1'oafsrbsk p N South Drawn by Range 477 AW o, f Me 6th P.jV Da€e: lMta n ctzun4(j, Co. by