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pitkin.planning.264501300101 (2017)
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) RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITIdN COUNTY, COLORADO, APPROVING THE LAROSE REQUEST FOR A REINSTATEMENT OF VESTED RIGHTS Resolution No. D?D-2007 RECITALS l . Thomas LaRose ("Applicant"}, has applied to the Board of County Commissioners of Pitkin Ccunty, Colorado ("BOCC") pursuant to Section 2-20-170(d) of the Pitkin County Land Use Code ("Code"), for a reinstatement of vested rights for Hearing Officer Determination Nos. 36-2002 and 19-2004. 2. The property is located at the top of Watson Divide, and is more specifically described in Exhibit A. The property is zoned RS-30 PUD, and contains 6.142 acres. 4. The Hearing Officer approved the 1041 hazard review for this property in 2002 pursuant to Hearing Officer Determination No. 36-2002. In 2004, pursuant to Hearing Officer Determination No. 019-2004, the parcel received special review approval to become a TDR receiver site for additional floor area up to 8,250 square feet. The BOCC heard this application at a public meeting on August 8, 2007, at which time evidence and testimony were presented with respect to this application. T'he 8000 finds that the request for a reinstatement of vested rights complies with Standards of the Code, and that substantial public benefit in the form of a conservation easement for open space has been granted to the County. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that they hereby approve the LaRose request for a reinstatement of vested rights subject to the following conditions, which shalt run with the land and be binding on all successors in interest. The Applicant shall be subject to the 200b Pitkin County Land Use Code, as amended, in effect as of the date of this approval, In particular, the Applicant shalt be subject to the Standards for Development Within Scenic View Protection Areas. 2. The Applicant shall comply with Hearing Officer Determination Nos. 36-2002 and 19-2004. 3. Housing, road and other applicable impact fees shall be calculated at time of building permit. 4. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Cade and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on August 8, 2010. RECEPTION#: 541436, 08128!20(17 at 03:08:47 PM, 1 of 3, R $0.00 Doc Cocie RESOLUTION Janice K. Vos Caudill, Pitkin County, CO PUBLISHED AFTER ADOP~ION F R VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on tl~e,/~ day o~s~~~ 2007, APPROVED on the 8th day of August, 2007: BOARD OF COUNTY COMMISSIONERS O)F PTI`KII~T COUNTY, COLORADO t ay ichael Ows ey Chair Date 3ones Clerk APPROVED AS TO FORM: r__ ~ - - - - John Ely ~~ C / orney APPROVED AS TO CONTENT: --~ C~ ndy Houben, Community Development Director PID# 264501300101 P08I-07 ~ ut~. 11. ~1UUj lU:,'SAM Y~ilfV LUUIVIY llltt ~"~ IVU.4Ubb C. ~ P. .,IN COUNTY TITLE ~. EXHIBIT "A" LEGAL DESCR[PT(ON A tract of land situated in the NW il4 SW 1/4 and the NW 1/4 5W 114 of Section 1 and the NE 1/4 SE 114 of Section 2, all in Township 9 South, Range 86 West of the 6th p.M. Pitkin County, lying 'Souther~+ of the East Wesf centerline of Section 1 and Northerly of the Northerly Right-of-Way line of a 20' roadway as consfructed and in place, said tract being described as follows: t ' Beginning at the comer common to said sections 1 and 2, said comer being marked with an iron post an toss cap . found 'in place and property masked; M thence N 89°59`05" E 270.04 feet; l thence S 00°00`55° E 41~4.A0 feet; thence 6 53°16'21" W 95.60 feet; thence S 26°54'16" `•N 127.9D feet; ~ U~ence S 03°27'50" E 325.44 feet; ~ frrence N 82°06'45" W 180.18 feet to a point on the Northerly line of said road; --~ - --- -- - ---~ -- ~ ~ fY~ence N 16°16'12" W 26.94 seat along said road; thence 165,68 feat clang the arc of a curve to the left having. a radius of 124.43 feet (the chord of which bears N ~ 5.4°24'53" W 153.71 fesf}; ~' thence S 87°26'23" W 8D.45 feet along said road; ' thence 144.87 feet along the arc of a curve to file left having a radius of 90.16 feet {the chard of which bears S 41 °26'9 8" V'J 129.64 feet); ttrenee S 04°29'47" E 106.53 feet along said road; thence 65.44 feet along the arc of a curve to the left having a radius of 2317.60 feet (the chord of which bears S 12°37'38" E 65.22 feet); tf~ence S 20'45'24" 1r 29.17 feet along said road; thence 73.78 feet along the arc of a curve to the right having a radius of 28.25 feet (the chord of which bears S 54°03'31" W 54.53 feet); thence N 51"07'35" W 49.23 feet along said road; thence 61.12 feet along the arc of a curve to the right having a radius of 115.5Q• feet (the chord of which bears N 35°58`20" W 60.4'1 feet); thence d~parUng sold road N 08°3425" W 210.91 feet; thence N 01'39'08" W 121-71 feet; thence S 89°43'D8" E 445.97 feet to .a point on the Section line common to said Sections 1 and 2; thence.N 00°D2'08" W 693.00 feet along said Section line to the corner common to said Sections 1 and 2, the POINT CP EIEGiNNING. -- -- ---- l-OGETH>~.R WITH easements as defined and described in Easement Agreement tecorded September 19, 1986 in Book 519 at Page 231. ' YOGETHER WITH easement as defined and described fi Easement Agreement recorded Reception No, 200_, as p~9~•, k ° A ~3•.11p ~01lZ 0 00 D R~ ~~ ~~ ~~ NOUN VIS plSKZN 51LVla DR avou2s MEMORANDUM TO: Board of County Commissioners Regular MeetinAugust 8, 2007 ~E THRU: Cindy Hou en Community Development Director FROM: Ezra Louthis, Planner RE: La Rose Reinstatement of Vested Rights SUMMARY OF REQUEST: The Applicant requests a reinstatement of vested rights for this property located at the top of Watson Divide pursuant to Section 2-20-170(d). APPLICANT: Thomas LaRose REPRESENTATIVE: Stan Clauson Associates, Inc. LOCATION: Top of Watson Divide ZONING/LOT SIZE: The parcel is zoned RS-30 PUD and contains 6.142 acres. BACKGROUND: The parcel is located at the top of Watson Divide Road, and is part of the Snowmass/Capitol Planning Area. The parcel received 1041 Hazard Review and Conceptual Submission in September of 2002 pursuant to Hearing Officer Determination No. 36-2002. As part of the Application for 1041, the Applicant (Gerbaz) applied for Special Review for a Caretaker Dwelling Unit, but was subsequently denied because the Hearing Officer determined that a CDU was not appropriate due to Wildlife Concerns. In 2004, pursuant to Hearing Officer Determination No. 019-2004, the parcel received Special Review approval to become a TDR receiver site for additional floor area up to 8,250 square feet. The approval was conditioned such that there was a maximum height to the ridge of 25' (as opposed to 33'), 1,750 sq. $. of floor area was to be located below grade, exterior lighting was limited, the exterior color scheme was to blend in with the surrounding area, and there was to be visual mitigation in the form of landscaping. The Applicant also committed to donate a conservation easement to Open Space and Trails that contains a small overlook area along Watson Divide Road, and provide some funding for the development of a small park and parking area. REQUEST: The Applicant has requested that the 1041 and Special Review approvals be reinstated, and as noted in the application, the Applicant is proceeding with the donation of the easement, and contributing $17,000 to the construction and maintenance of the lookout area. The Applicant has also committed to the restrictions set forth in the Special Review approval. It should be noted that the Applicant is requesting a new house design that is different from the original design provided during the original review in 2004. The new design is more modern, and contains more windows facing south into the Capitol and Snowmass Creek Valleys (see attachments B). The previous residence, as represented was less modern in design and did not contain the same "window wall" design (see attachment C). The Special Review request in 2004 focused on the potential visual impacts on the Snowmass/Capitol Valleys and Staff is inclined to require that the new residence be subject to the new scenic standards in the Code through the site plan process. Page 2 REFERRAL COMMENTS: The Snowmass/Capitol Caucus and Open Space and Trails were referred, and their comments are attached. Snowmass/Capitol Caucus: The Caucus is in support of the request to reinstate the vesting, however, the Caucus did not review the changes in house design. After discussing this with the Caucus representative, Michael Kinsley, he felt that further scenic review for the new house design was a good idea. County Open Space and Trails: OS&T supports the request for a reinstatement, and further recommends that the new design be subject to scenic review. STAFF COMMENTS: EXTENSION OR REINSTATEMENT OF VESTED RIGHTS (Section 2-20-170.d): The BOCC shall consider, but not be limited to, the following criteria in reviewing a request for an extension of vested property rights: A. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights. Response: The Hearing Officer Determinations do not specify that any conditions be met at any date certain, and the approvals do not require performance until building permits are submitted. B. The progress made in pursuing the project to date, including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project. Response: As described in the application, the parcel has recently been developed with a well, but that no other improvements exist. The parcel is under contract and the new owner has developed architectural plans that are located in the application. C. The nature and extent of any benefits already received by the County as a result of project approval, such as impact fees or land dedications. Response: The Applicant has been working with OS&T to develop the easement language and confirm the other obligations (funds for improvements/maintenance), but there have been no benefits received by the County at this point. Affordable housing and road impact fees will be paid at issuance of a building permit. D. The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. Response: The reinstatement request allows the Applicant to move to the site plan review process in which the scenic standards of the Code can be addressed. After site plan review, the Applicant can apply for building permits, at which time the granting of the easement for the lookout, as well as other commitments will be fulfilled. RECOMMENDATION: Staff recommends that the Board make a motion to approve the La Rose request for reinstatement of vested rights, subject to the conditions of the draft resolution. Page 3 ATTACHMENTS: A. Draft Resolution B. New house design C. Previous house design D. Caucus comment E. OS&T comments 0 0 0 c t~ ~~ ~_ g ~gg~ ~S ~< ~~ P~~ F C I~ I ~~ ~4 ,.., ~- _~ ~~ I~ I~ I~ I~ ~ I it F £x~ S 4 ~~ ~ I~ ~° I~ I~ ~4 ,. , I$ ~. I~ ~8 „a ~ ~j~r „z i$ -~- ,; ' r ~ ~ Q1 ' +,. .. I~ • 4 ~. W . ^~ V 1 ~{ Ezra Louthis From: Sent: To: Cc: Subject: 17 July 2007 Ezra Louthis Community Development Pitkin County Michael Kinsley [mkinsley@rmi.orgj Tuesday, July 17, 2007 8:44 AM Ezra Louthis info@scaplanning.com LaRose Extension Re: LaRose Extensin of Vested Rights (Case P081-07; PIUD 2645-013-00-101) Dear Ezra On 17 July 2007, at it regular monthly meeting, the Board of Directors of the Snowmass Capitol Creek Caucus voted unanimously to support the La Rose application for extension of vested rights. Michael Kinsley President Board of Directors Snowmass / Capitol Creek Caucus Box 507 Snowmass CO 81654 x .,w r ,.,~-. n a~ ~ ~'4 ~ .. ------.. Ezra Louthis From: Michael Kinsley [mkinsley@rmi.org] Sent: Friday, July 27, 2007 1:05 PM To: Ezra Louthis Subject: Re: LaRose Extension Thanks. As I said, we didn't focus on design. More important I'm confident Howard's thoughts on this would be consistent with our Master Plan and with the vase majority of our board. On 7/27/07 9:33 AM, "Ezra Louthis" <ezralc~co.pitkin.co.us> wrote: > Michael, > Pages 13 and 18 of this document show that the design of the house > will be of a modern design, with a bank of windows facing south into > snow/cap valleys. While the height restriction for the residence is > to remain the same, with some vegetational screening and below grade > space, I do believe that the interior lights will be more visible at > night with this type of design. We are for the extension in order to > achieve the open space donation, and to reduce the process for the > Applicant, however, we would like to see further visual impact studies > and potential visual impact mitigation. John Howard echoed my > thoughts. I just wanted to make sure that you all were informed. > Ezra > http://www.aspenpitkin.com/pdfs/depts/7/P081 07_app.pdf > _ > -----Original Message----- > From: Michael Kinsley [mailto:mkinsleyc~rmi.org) > Sent: Friday, July 27, 2007 8:31 AM > To: Ezra Louthis > Subject: Re: LaRose Extension > Ezra > Thanks for the note. > Short answer, No. We didn't talk about that or know it. We thought the > only question was permit extension. > That said, house drawings were included in the packet and, on their > face, appeared relatively low profile. However, since visibility was > our original issue, we'd be interested if your professional eye > interpreted the drawings differently. > Michael > On 7/26/07 11:10 AM, "Ezra Louthis" <ezral@co.pitkin.co.us> wrote: » Thanks Michael. Just out of curiosity, did you all know that the > house » design is changed in the request for this house? -----Original Message----- » From: Michael Kinsley [mailto:mkinsley@rmi.org) » Sent: Tuesday, July 17, 2007 8:44 AM » To: Ezra Louthis » Cc: info@scaplanning.com in saying the J the views of 1 » Subject: LaRose Extension » 17 July 2007 » Ezra Louthis » Community Development » Pitkin County » Re: LaRose Extensin of Vested Rights » (Case P081-07; PIUD 2645-013-00-101) » Dear Ezra » On 17 July 2007, at it regular monthly meeting, the Board of » Directors of the Snowmass Capitol Creek Caucus voted unanimously to » support the La Rose application for extension of vested rights. » Michael Kinsley » President » Board of Directors » Snowmass / Capitol Creek Caucus » Box 507 » Snowmass CO 81654 2 MEMORANDUM TO: Ezra Louthis, Pitkin County Community Development FROM: Pitkin County Open Space and Trails RE: La Rose Extension of Vested Rights DATE: July 31, 2007 Pitkin County Open Space and Trails has the following comments on the La Rose application for extension of vested rights: OST is still anxious to receive the proposed conservation easement and $17,000 donation for the construction of improvements on the easement property. A draft of this easement has been circulated between the County Attorney, applicant, and potential buyers. It may be advisable to tie this extension to a deadline of perhaps six months for completing that conveyance. • On behalf of Pitkin County, OST has invested in the preservation of the scenic quality of the Snowmass Creek valley through several large projects in the area. As such, OST support's the notion of requiring a scenic review for any changes to the design or architecture of the proposed development. ~~:, ~ , ~; . :. ~ _4~~a ~~ _. _ . APPLICATION Extension of La.Rose Approval 4 June 2007 Applicant: Thomas C. LaRose and James R. Hedges Location: Watson Divide Aspen, CO 81611 Parcel ID# 264501300101 An application for Extension of Vested Rights for 1041 Building Envelope and TDR Receiver Site Represented by: STAN CLALISON ASSOCIATES, INC Planning • Landscape Architecture s", 200 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE: 970.925.2323 FAX: 970.920.1628 E-MAIL: info~scaplanning.com WEB: www.scaplanning.com o .pi off'Li STAN CIAUSON ASSOCIATES, INC 4 June 2007 Mr. Ezra Louthis Pitkin County Community Development 130 S. Galena Street Aspen, CO 81611 Planning • Urban Design Landscape Architecture Transportation Studies Project Management 200 EAST MAIN STREET ASPEN, COLORADO 51611 TELEPHONE: 970, 925.2.323 PAX: 970.920.1628 E-MAIL: info@scaplanning.com WEa: www.scaplanning.com Re: LaRose Property, Watson Divide -Request for Extension of Vested Rights, Parcel ID # 264501300101 Dear Ezra: On behalf of our client, James R Hedges, we are writing to request that Pitkin County conduct the necessary reviews to provide for an approval for an Extension of Vested Rights to construct an 8,250 s. f. single-family residence on a 6.14 acre site located just below Watson Divide. This application is in conformance with your Pre-application Conference Summary, dated 16 March 2007. It is desired to extend the vesting period for the 1041 Hazard Review and TDR Special Review approvals to permit more time to submit a building permit for a new residence. The property received Special Review approval for use of one (1) TDR for additional floor area pursuant to Hearing Officer Determination No.19-2004. A 1041 Hazard Review was approved in Hearing Officer Determnation 19-2004. Vesting for these approvals will expire on 15 June 2007. New architecture plans are submitted with this application. Siting within the established envelope is similar to that of the prior residence approved in Hearing Officer Determination No.19-2004. Anew residence of 8,250 s. f. will not generate significant impacts on surrounding properties as both the siting and architectural style blend the residence into the landscape. The applicant intends to proceed with the donation of a conservation easement to Pitkin County Open Space and Trails for the lower portion of the property containing a viewpoint, adjacent to Watson Divide Road. ~ The viewpoint has considerable value for panoramic vistas and complements the adjacent five hundred acre conservation easement across Watson Divide Road from the applicant's parcel. Plans to construct and maintain a lookout area will be provided. The Applicant will contribute $17,000 to the construction and maintenance of improvements on the conservation easement property. Approval of this request to extend vested rights for this property will benefit both the community and the applicant. The extension will provide the contract purchaser of the property needed time to apply for a building permit for the single family residence. It will preserve the °,' OOOQO~ .., . PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS Mr. Ezra Louthis Pitkin County Community Development 4 June 2007 Page Two parcel's existing land use approvals, which we believe aze consistent with the County's current land use policies and Code. Please let me know if there is additional information which I can provide. Thank you very much for your assistance with this request. Very truly yours, Stan C auson, AICP, ASLA STAN CLAUSON ASSOCIATES, INC Cc: Applicant ~.. OQ.©~0~. Project Overview The applicant is requesting an extension of vested rights to construct an 8, 2S0 s. f single- family residence on a 6.14 acre site located just below Watson Divide. The property received Special Review approval for use of one (1) TDR for additional floor area pursuant to Hearing Officer Determination No.19-2004 (and will be referred to herein as the "Special Review Approval'). A 1041 Hazard Review was approved by Hearing Officer Determination 19-2002 (which will be referred to herein as the "1041 Approval'), for which the vesting will expire on 1 S June 2007. The recipient of this approval is prepared to complete transfer to Pitkin County of a sign cant conservation easement on the property, as envisioned in the Special Review Approval. A three year extension of the vesting period for the 1041 Hazard Review and TDR Special Review approvals is requested to permit a new property owner and current applicant to submit a building permit application for a new residence. The applicant is proposing a new architectural design that is d~erent in architectural style, but consistent with that approved for the single family residence per Hearing O,~icer Determination No. 19-2004. The location is zoned RS-30 within the Snowmass- Capitol Creek Caucus planning area. A single family home at this location is consistent with the goals of the Snowmass-Capitol Creek Palley Master Plan and the Down Palley Comprehensive Plan. The new residence will not generate arty sign cant impacts on surrounding properties. The contemporary style utilizes wood and stone materials with dark bronze details that readily blend the residence into the landscape. The fenestration provides a natural transition from the interior to the exterior, and shade is provided by the deep-roof overhangs. These deep roof overhangs, along with the choice of glazing, minimize reflection. Aphoto-simulation is provided with this application indicating the visual impact of the proposed house from a point along Watson Divide Road. The previously established building envelope will be utilized to permit the development of the site in a manner that, in the words of the Snowmass-Capitol Creek Palley Master Plan will be "subordinate to the natural surroundings. " The location of the building is approximately the same as that proposed in the previously approved site plan. It avoids the higher and more visible areas on the property, including the steep slopes that may contain geological and wildfire hazards. The site plan utilizes a small hill and a natural depression at the back of the property to screen the house from Watson Divide Road Existing terrain features, including ridges and hills adjacent to the property, substantially shield it from the highway corridors of Capitol Creek Road and Snowmass Creek Road Landscaping consisting of evergreens, such as pir~on pine, and gambel oal~ will screen the building envelope from the north, east, and west. 7'he house will not be visible from State Highway 82. The owner will meet, the conditions of approval. One condition of the Special Review Approval irrvolves the conveyance of an open space easement on the lower portion of the property, adjacent to Watson Divide Road This portion of the property contains a viewpoint located off the road which has particular value to the members of the Snowmass Caucus for its panoramic vistas. It complements a five hundred acre LaRose Property, Watson Divide 4 June 2007 Page 1 000004 conservation easement located across Watson Divide Road from the applicant's parcel. The land to be conserved as open space is visually separate from the building envelope as it is downhill and located some distance away from the home site. The applicant has worked closely with Pitkin County Open Space and Trails ("PCOS & T') to make this view point area available for community use. The plan is to create a graded and graveled parking area adjacent to the road. Boulders and fencing will be installed between the parking area and the viewpoint to prevent vehicles from driving on the knoll. The Applicant has agreed to contribute $17, 000 to the cost of these improvements and their maintenance at the time the Conservation Easement Deed is delivered to the County. The Applicant and PCOS & T have agreed upon the substance of the Conservation Easement Deed with some technical issues under review by the County Attorney. The Deed will be signed and delivered to PCOS & T when a building permit is requested as required by Section S of the Special Review Approval. The applicant will carefully adhere to the restrictions detailed in the 1041Review and the Special Review Approvals. Certain restrictions were imposed through the 1041Review process to minimize impacts on wildlife. Except for wildfire mitigation required by the County, the Applicant will also maintain the native vegetation located outside the building envelope, especially the sage brush habitat which is rapidly disappearing in this valley. Approval of the extension of vested rights for the property's 1041 Review and Special Review Approvals will benefrt both the property owner and the community at large. The proposed resulting home will be designed in a manner compatible with the terrain, and will not injure the value of adjoining or abutting property. Moreover, the proposed donation of an open space easement for the lower viewpoint area will provide a community amenity that enhances the public welfare. Because the Property's existing land use approvals are consistent with the County's current land use policies and Code, it is appropriate that those approvals be extended for a three year period LaRose Property, Watson Divide 4 June 2007 Page 2 ~~0~0~ Land Use Code Standards Section 2-20-170: VESTED PROPERTY RIGHTS (d) Extension or Reinstatement of Vested Property Rights; Reinstatement of Development Approval The Board may approve an extension of vested property rights or reinstatement of forteited or expired vested property rights, for a period of up to three (3) years, in accordance with this section. Unless explicitly stated in the resolution or decision of the Board authorizing the extension or reinstatement, the vested right shall be modified at the time of the extension to require that the approved development conform to the terms and provisions of this Land Use Code on the date of the extension or reinstatement. No additional public hearing is required for the extension or reinstatement of a vested right. Any request for reinstatement of a vested right shall be made within one (1) year of the expiration of the development right. Reasonable conditions may be imposed by the Board when granting any such extension or reinstatement. A development right that has received a three (3) year extension, and has then expired, may not be reinstated. (1) CRITER/A In reviewing a request for the extension or reinstatement of vested property rights, the Board shall consider the following criteria: (a) The applicants compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights; Response: The owner has completed all performance required prior fo the date of this application. (b) The progress made in pursuing the project to date including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project; Response: The Prope-iy r~smains undeveloped, although a well has recently been installed. The Property is currently under contract and the contract purchaser has developed architectural plans which are disclosed elsewhere in this application. (c) The nature and extent of any benefits already received by the County as a result of project approval such as impact fees or land dedications; Response: The Applicant has worked closely with PCOS & T fo confirm the form of the Conservation Easement Deed and the respective obligations of the parties r~sgarr/ing the easement area. Because no building permit has been requested, satisfaction of other conditions of approval is not yet required. (d) The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. Response: if the extension of the vested rights for this property is ranted, apply far a buildin g y p g the new owner may delivery of the executed Conservation Eas/ ement Deed and satisfaction of the other conditi~s approval. of I.aRose Property, Watson Divide '' 4 June 2007 Page 3 ~~Q0u,i1 The Conservafion Easement Deed will allow the County to construct a graded and graveled parking area adjacent to the road, to install boulders and fencing that would prevent vehicles from driving on the knoll, and to build a graded pathway to the overtook. At the delivery of the deed to the County, the Applicant will pay $17,000 to the construction and maintenance of These improvements. The applicant will carefully adhere to restrictions to minimize any impacts on wildlife found in the existing approvals. Except for wildfire mitigation as required by the County, the applicant will also maintain The native vegetation outside the building envelope, especially the sage brush habitat which is rapidly disappearing in this valley. LaRose Property, Watson Divide • 4 June 2007 Page 4 OOOOQ~~ .~ . . ~~~~~~ ~~~'E ~a _~~ ~o~ a~ ~ o~Di ~. o a c~ >_ ~ ~~d ~ ~ ~. ~, m ~~~,~ 3 .G ~ S o ~ ~ 8 ~~m~~ a~~ N ~~~~ ~: I I ~ 'c. 3 w a ~n ~z ~ ~ c~ <~ ~ ~ S .r O O iQ ,~ O m r r m .D r D Z .... ,., D ~ ~ OVERALL SITE PLAN HEDGES RESIDENCE MARMOL RADZINEF J N ,~ WATSONDIVIDEROAD ""' AND ASSOCIATES AID ~ w ~ SNOWMA55. 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' N ~ IRRIGATION DIAGRAM D -~ z HEDGES RESIDENCE WATSON DIVIDE ROAD SNOWMASS. CO 81654 ~ ~~~~;;~ ,;,;~~, ®g I ''' ,,; ~;, ,, ' '''f'I' ~,~~~i ~ € ~ ~ m ~ ~ A ~ O ~ ~ Z ~ ~ MARMOL RADZINER `"`~'~ AND ASSOCIATES AIA mnrwa..w. ~.w.~. sn axe exxx qc.. b Anplw CxYlallY soma sp axaasnr 4 O O G ~-+ a a n C G C -= 1 C '; `° n ~ : -; C1 '~ it n _.. {~~ ;.: r+) n c~ n ~; r-7 _=; ~ t =: :~ .: C~ ::' ~ ._, ~ -~~ -~ ~• ~~ ': 3 -- ~ _ ~ _~ 3 C~ -- r ~: ~ D =~ m z~ Attchment S 5 May 2004 STAN CLAUSON ~~~v~~vic~, ~-i-~ Planning • Urban Design Landscape Architecture Transportation Studies Project Management 2OO EAST MA]N STREET Mr. Dale Wlll, Director ASPEN, COLORADO Hlfil I TELEPHONE: 970.925.2323 Pitkin County Open Space Program FAX: 970.920.1628 530 E. Main Street E-IVIA7L. info@scaplanning.com WEa: www.scaplanning.com Aspen, Calorado 81611 Re: Proposed LaRose Conservation Easement, Watson Divide Road Dear Dale: I am writing to confirm the offer made by Tim LaRose of a conservation easement for a portion of land at the southern tip of a property which he has under agreement to purchase from James Gerbaz. 1 have attached a survey by Aspen Survey Engineers on which our firm has drawn the approximate location of the proposed easement donation. Mr. LaRose has not specified an exact area of land, but proposes that you assist in defining the extent of the area which you would like to bring under the terms of the easement. The key feature encompassed within the easement area is the knoll located approximately at the notation "144.67'/C2" on the survey drawing. This lmoll contains a wonderfiil overlook towards the Snowmass/Capitol Creek basin, which could be developed as an open space amenity. Presently, this portion of the property has been degraded by vehicles driving over the knoll, leaving it in a ratted and devegetated condition. Mr. LaRose would propose to work with Pitkin County Open Space to design and implement, at his expense, agreed upon conservation and restoration activities for the landscape, as well as some passive recreation improvements for the site. Specifically, these are envisioned as a graded and graveled area far parking adjacent to the road, boulders and fencing that would prevent vehicles from driving on the knoll and serve to define the area, a graded pathway to an overlook point that might contain benches and picnic facilities, and associated landscaping in native wildflowers and grasses. The cost of these improvements, and Mr. LaRose' contn~bution is estimated to be approximately 510- 15,000. Mr. LaRose would also provide for the upkeep of the area during an "establishment period" of, say, five years for the landscaping and improvements, at which time they would be turned over to the County for maintenance. We have attached an illustrative drawing of the open space area, along with its proposed improvements and landscaping. We would prepare specific plans and a survey plat for the easement donation, based upon your guidance and expression of interest in this proposed easement. Mr. LaRose is currently an applicant for Special Review as a TDR receiver site under the Pitkin County Land Use Code. This offer of a conservation easement and associated improvements and maintenance is intended as a form of mitigation for receiving approval as a receiver site. He already has an established 1041 Hazard Review building envelope on a ;~~:ti ~4, Q~VJ2>~. ' ~ ~' ~ PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS Mr. Dale Will 5 May 2004 Page Two the northerly portion of the property as noted on the survey. Because of changes in terrain, the proposed open space dedication is not in visual contact with the identified building envelope. The entire property is 6.1 acres and Mr. LaRose is prepared to dedicate a substantial part of the lower portion to public use and enjoyment. He will also be providing mitigation landscape screening within the building envelope to the north and east of any structures, as requested by Pitkin County Wildlife Officer, Jonathan Lowsky. While I fully understand that you are not in a position to endorse any proposed development plan, it would be greatly appreciated if you would indicate to the Pitkin County Community Development Department that the proposed donation would represent a beneficial addition to Pitkin County open space holdings. The property will be the subject of a Hearing Officer hearing for special review on Tuesday, 18 May 2004. I would, of course, be pleased to discuss this offer with you or relay any questions you might have of Mr. LaRose to him directly. ~V-er-y~truly yours, ~.~~ ' ~~~ } 6~ Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES, LLC Encl. Cc: Timothy LaRose Chris LaCroix, Garfield & Hecht Lance Clarke, Deputy Community Development Director ~~O1J2~ 'U C O N A .~~ ^~• W PTTA \V r 0 n a 0 N d n rn .7 a ~.,..; ;` ~. ,~r 3'j FI EEft fi I fit. ra <f;; I` ~'I i £ ~',~1 ., f `, F F~~ ~ I``' e~~ ~ f ~ ~ '~ ~~ 3 \ II O '~ ~a~. ~ .~m. ~ ~ z r I ~. ~ ~ a~aYa o ~~ e ~ ~ ':~ K _ ~ ~m~-aV ~ oa D O a s a ~: ..... ~ . _. ..a.. _ : : _ _ L ~ - ~ , +" s m ~ . ~ ~. 1 Y ~ - ~ N ~ v ~, ~'-' >Sd "NP y; }, ~X mtno ;r •,1 z u~'v ~ i' ~. w {: ~: k .. I~. u2 / / I .. ~y -'-~-""~ ~ - . vqe~~-r< m„ -imd, a f~i£r`a ~ ~i ~ 7° *mCSia oc~ .~ rtri y'^r 'rt~aeW a „~ ~ d0 y„~ ~ ° ~ ~n r P ' ' [t ' ~yli () ~.~ n~ i~ rlm~ qa S Ol Y, ~ ~ >~. >h12i b>i21 £m>FEmh JO. O - r`dEl ~fiN. E~b~ ', ~ 3- ~ ~ ~h ~ SC- - ~ ~ - aC Y gw. a° ~ AaY 'Ci ao a v v ~ ~ r>~~.-. FJf. :v kb' Z . i, ro~ b 1 ~ - ~ ' ~ p LOO n £S Za0 yT2~m AY YI D' ~ ~~ ?~ 2~ 1U 11 p~ \ .n. 0 T ~ T T pp Oli Tm ~i (nom Y nm ~ m m "[i N~ µimr~., m~.~itt~~li i"`~n sn ~' ~-mt ~m ~'~ < ~ S ~ 4 tit > ~~ G ~l tAt++~"z =~i xx £5 ' ~ n - r~ Z .~ ~ ~>in ~ > ~ ~ ia~ ~5 .k ~c~~.., ~ ~ m x ~ VI cf ~:m` Ab ~'.mi. .xu ~ m U?, q tli' ~ v.y~r¢~ •. '~+ ,`o.~`~~ ~- C"'' A . ~ 0~ > O >Y ~ a1 RRhff N ~• u~ ~ "OX. y q Y QNr %' Z = ~ - O > :..I 02 ~Z ~ m<•~ ~~~ ih Fm 'l ~ ~m~_ ~N.. n~ 'Y> m•-1~7.D ~V-N ~~b , y. ~ e ~- I r m ~,:. > ~ '~ X M P ~.. IR2m 4 0 T2. ? .~. ~, o. u, ,. _ ~ ? .. a A Y ~ oh Tr~~a m A.. O A > 4 n A-~ ~ ~ '~ 1~ y N > ~~ LS ~ ti rs :°8 ~- .O n ~ T v mN ym ;~~ a' ~ 4' .... ., dam'. '}r'.: .. '. ., ,,. v, t .,?- .. le .,,~.,' ~ ~ ,.~. C' x6;s, ~r :~~~.. Y N~.gufi ..gp35 F S .mom -..t°~ ~. SrN p.~ ~ ..,P~f g. Nxc~r~ -w~eM ~ :.m:< - ~ SNO ~ nioG ~' .'"Sm ~~ss, tir «o ~~~ P:?~ f: ~ :Z TN.IS ,BOVNDARV N0~ SVRV6YED 7=64 ... ..__ i i;lll!I Illil II911I1i! Illill I9il li!III i!I IIIII lill';III, q.gg~ ~ ` Attachment 6 Page: 1 of 4 07/01/2004 03:i1P D 0.00 .~YIINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT ARTMENT OF PITKiN COUNTY, COLORADO, APPROVING THE LAROSE SPECIAL REVIEW AND GMQS EXEMPTION FOR USE OF ONE TDR FOR ADDITIONAL FLOOR AREA Resolution No. ~ ~ -2004 RECITALS 1. Thomas LaRose ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") for special review approval and GMQS exemption for a TDR receiver site, in order to utilize one TDR for additional floor area. 2. The property is located on Watson Divide Road and is more specifically described in Exhibit A. 3. The property is zoned RS-30 PUD and is 6.142 acres in size. 4. The parcel received 1041 Hazard Review and Conceptual Submission approval on September 17, 2002, pursuant to Hearing Officer Determination No. 36-2002. The Hearing Officer heard this application at a duly noticed public hearing on June 15, 2004 and at which time evidence and testimony were presented with respect to this application. The Hearing Officer determined that the proposed use of one TDR for additional square footage is consistent with the special review criteria for a TDR receiver site, and that the proposed development otherwise complies with the applicable provisions of the Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Counnunity Development Hearing Officer that he does hereby approve the LaRose Special Review and GMQS Exemption for the use of one TDR for additional floor area for a maximum of 8,250 sq. ft. 1. The Applicant shall comply with the provisions of Hearing Officer Determination No. 36-2002, unless otherwise replaced or amended by the conditions of this approval. 2. At time of building permit submittal, Applicant shall submit to Community Development one executed, irrevocable certificate of a TDR and a recorded deed evidencing the sale or transfer of the certificates to the lot owner. 3. Prior to submission of a building permit, the Applicant shall deed restrict the property in a form acceptable to Community Development and the County Attorney such that: a) The height of the principal residence shall be limited to a maximum of 25 feet to the peak of any roof, and 21 feet to the midpoint of any roof, as calculated at time of building permit. b) The principal residence shall be limited to one-story above grade, with a maximum floor area of 6,500 sq. ft. above grade. The remaining 1,750 sq. ft shall be below grade as calculated at time of building permit. c) The floor area on the parcel shall be linvted to 8,250 sq. ft. OUOJ23 49933 Page: 2 of 4 07/01/2004 03:S1P SILVIR DRVIS PITKIN COUNTY CO R 0,00 D 0.00 d) Buildings other than the primary residence and a detached garage are prohibited on the parcel. e) The residence shall utilize predominately natural building materials and exterior colors that are reasonably congruous with the surrounding area. Non-reflective roof materials shall be used. f) In order to minimize the impact of exterior lighting, all exterior lighting shall comply with the Pitkin County Land Use Code. In addition, there shall be no lighting of any outdoor improvements other than (i) holiday lighting and (ii) lighting of the primary residence, garage and decks/patios and walkways. Holiday lighting and lighting of the primary residence, garage and decks/patios and walkways shall comply with all applicable standards of the Pitkin County Land Use Code. For example, there shall be no lighting of riding arenas, swinnning pools (other than underwater lighting), temlis courts, etc. g) The southerly half of the building envelope as depicted on the Gerbaz 1041 Site Plan (Hearing Officer Determination No. 36-2002) shall be amended to show the southerly half of the envelope as an accessory envelope, which will prohibit the development of any above grade improvements other than County approved fencing and landscaping. h) The recorded deed restrictions shall be submitted at time of building permit submittal. As noted in the 1041 approval, the Applicant shall submit a landscape plan to be approved by Pitkin County Community Development. Prior to the issuance of a building permit, the Applicant shall provide to Open Space and Trails (OS&T) and the County Attorney's office a boundary and improvement sLUVey, a commitment for title insurance for review before accepting, and a deed for the easement donation (the overlook). The Applicant shall also provide an improvement and maintenance plan for the overlook to be reviewed and approved by OS&T. If a bond is required by OSBzT for dle proposed improvements for the overlook, it shall be set by OS&T at time of approval of the plan. The building envelope as depicted on the Gerbaz 1041 Site Plan (Hearing Det. No. 36-2002) shall be amended to include a development envelope for the plamled improvements on the portion of the .parcel to be donated as an easement to Open Space and Trails for a lookout. 7. Prior to the issuance of a CeI-tificate of Occupancy, upon approval from Holy Cross and the two property owners to the east, and subject to reasonable expense (no more than $35,000), the Applicant shall bury the overhead power line from the edge of subject parcel to the far eastern boundary of the Marquand parcel. 8. 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 June 15, 2007. ooou~~4 4993'13 07801/2004 03:i1P SILVIR DRVIS PITKIN COUNTY CO R 0.00 D 0.00 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIlVIES WEEKLY on the 15`x' day of May, 2004. APPROVED ON THE 15TH DAY OF JTJNE 2004. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on theme day of ,,cu,~k , 2004. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO ATTEST: ~o `~ . 1 ~, I,e1 Janis Taylor, Administrative Assistant APPROVED AS TO FORM: Jolm Ely, COLlllty AttO - PO - 4 ID#26450130010] ~~~, By ~. ~ . ~`,.-- --r_ f` James R. True, Hearing Officer Date Io~ZZI b4 -~ APPROVED AS TO CONTENT: Cin~y ~Iouben, Community Development Director . 000~1?~ ~ UtC. ll• 1UU3 1U:35AIVl t'I'~1N I;UUIVIY i11Lt I'VU.4Ubb r, j P. .,Ihd COUNTY TITLE 1" . EXHIBIT "A" LEGAL DESCRIPTION A tract of land situated in the NW 1/4 SW 1/4 and the NW 1/4 SW 1/4 of Section 1 and the NE 114 5E 114 of Section 2, all in Township 9 South, Range 86 West of the 6th P.M. Pitkin County, lying Southerly of the East-West centerline of Section 1 and Northerly of the Northerly Right-of--Way line of a 20' roadway as constructed and in place, said tract being described as follows: Btuginning at the corner common to said sections 1 and 2, said comer being marked with an iron post and brass cap _ found in place and properly marked; ~ thence N 89°59'05" E 270.04 feet; I thence S 00°00'55" E 414.40 feet; thence S 53°16'21" W 95.60 feet; ! thence S 26°54'15"'~iV 127.90 feet; I tf~~ence S 03°2750" E 325.44 feet; thence N 82°06'45" W 180,18 feet to a point on the Northerly fine of said road; -- - - -----___ ___ ____ __ _ ~ thence N 16°16'12" W 26,94 feet along said road; thence 165,68 feet along the arc of a curve to the fefi having. a radius of 124.43 feet (the chord.af which bears N ~ 5~4°24'53" W 153.71 feet); tf•ience S 87°26'23" W 80,45 feet along said road; thence 144.67 feet along the arc of a curve to the left having a radius of 90.16 feet (the chord of which bears S 41°28'18" UJ 129.64 feet); tftence S 04°29'47" E 106.53 feet along said road; tftence 65,44 feet along the arc of a curve to the left having a radius of 230.60 feet (the chord of which bears S 12°37'38" E 65.22 feel); tftence S'20°45'24" E 29.17 feet along said road; tf~ence 73.76 feet along the arc of a curve to the right having a radius of 28.25 feet (the chord of which bears S 54°03'31" VV 54.53 feet); _ t(~ence N 51°07'35" W 49.23 feet along said road; thence 61.12 feet along the arc of a curve fo the right having a radius of 115.54 feet (the chord of which bears N 35'58'20" W 60.41 feet); thence deparfing said road N 09°34'25" W 210.91 feet; tl~once N 01°39'08" W 121.71 feet; thence 5 89°43'08" E 445.97 feet to a point on the Section line common to said 5edions 1 and 2; thence N QO°D2'08" W 693,00 feet along said Section line to the corner common to said Sections 1 and 2, the POINT OF E3EGINNING. - - - ---._ DOGE T HER WITH easements as defned and described in Easement P.yreernent tecorded September 19, 1986 in Book :i19 at Page 231. l(OGETHER WITH easement as defined and described in Easement Agreement recorded ~ , 200_, as fZeception No, ~11~111`11\1NI11111~1111h~11~1191 °993 `~~,° a~vu2~ ~~r,. 47270a ~ ?Yearirg Officer Determination 1Vo. -2002 I ' 'rage : I of 6 II~I~ , 09: 26/2002 09:08A ' Page 1 SILVIR DRVIS PITKIN COUNTY CO R 0.00 D 0.00 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE GERBAZ 1041 Ha7.ARn REVIEW AND CONCEPTUAL SUBMISSION, AND DENYING SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT Determination No. 2002 RECITALS, 1. James E. Gerbaz ("Applicant") has applied to the Pitlan County Hearing Officer ("Hearing Officer's for 1041 Hazard Review, Conceptual Submission and Special Review approval to establish a building envelope for a single family residence and a caretaker dwelling unit. 2. The parcel is located at the top of Watson Divide at the base of Williams Hill, approximately 1 mile from Highway 82, ar_d is more specifically described in Exhibit A. 3. The property is zoned RS-30 and contains 6.142 acres. 4. The property was created by a District Court partition, Case No. 85CV 178. The BOCC consented to the partition, subject to compliance with certain provisions of the Land Use Code. S. The parcel is exempt from growth management up to 5,750 square feet of floor area, as a result of the partition, and has not merged with adjacent properties. 6. The Hearing Officer considered this application at a duly noticed public hearing on August 20, 2002, at which time evidence and testimony were presented with respect to this application. 7. The Hearing Officer fmds that the building envelope is located on slopes of less than 15%, and that the wildfire hazard is rated as medium and can be mitigated 8. The Hearing Officer further finds that the proposed building envelope is not located within mule deer or elk winter concentration areas, and while the envelope is within an elk migration corridor, th'e development will not block the comdor, and, therefore, is not prohibited by Section 3-80-080(D)(1) of the Land Use Code. 9. The Hearing Officer further finds that a caretaker is not appropriate and is not consistent with County Land lise policies, the intent of the zone district, and the character of the surrounding area, given the critical wildlife habitat in the surrounding area. NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Gerbaz 1041 Hazard Review and Conceptual Submission, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. Prior to submission of any earthmoving, access, or building permit applications, the Applicant shaIl submit a 1041 Hazard Review Site Plan to the Community Development Department for approval and recording. The site plan shall also be submitted in digital format for integration into the County's GIS system. The mylar copy of the site plan must be signed by the owner prior to submittal for recording. ?. Prior to submission of a septic permit for the residence, the Applicant shall provide documentation of an adequate quality and quantity of water to the Environmental Health Department. ~~ 000027 4727ao Hearing Officer Determination No. 3(.O -2002 II~ Page : 2 cf s Page 2 09/25/2002 09:086 SILVIfl DF1VI5 PITKIN COUNTY CD R 0.00 D 0.00 Prior to submission of any building permit applications, the Applicant shall: A. Obtain an access permit for the driveway,~which shall be approved by the County Engineer _ and the Community Development Department. The Applicant shall provide documentation of access through the adjacent properties with the access permit. B. Obtain fireplace/woodstove permits from the Community Development Department, if necessary. C. Submit a drainage and erosion control plan for review and approval by the County Engineer. D. Submit a Traffic and Parking Management Plan in accordance with Section 4.01.01(C) of the 2001 Pitkin County Assets Management Plan, for review and approval by the County Engineer. The Plan shall indicate that vehicles associated with construction (i.e. employee traffic, construction vehicles, staging and deliveries) shall not violate County Law, such as parking on County rights-of--way. 2. Prior to issuance of any building permit applications for the residence, the Applicant shall: A. Pay the applicable road impact fee. B. Obtain approval of a septic permit from the Environmental Health Department. The system shall be located within the approved building envelope, and must comply with the setback requirements from surface and groundwater sources. A qualified professional engineer must design the system. . The Applicant shall comply with the followingrrieasures to mitigate impacts to wildlife: ~ -~ A. " ~. Dogs shall be prohibited. ~ ' ~ ~ " ~ -' B. Exterior construction activity shall be prohibited from December 1 until Aprzl-15.' C. Native vegetation shall be maintained outside of the building envelope, except to comply with the required wildfire mitigation. ' D. Provide waste storage that complies v~~ith BOCC Ordinance No. 010-2001. Verification of compliance shall be provided prior to issuance of a certificate of occupancy. E. Avoid fruit-bearing trees and shrubs in any landscaping. F. An orange safety fence shall be installed around the building site to prevent any unnecessary vegetation disturbance during construction. The fencing shall remain in place until issuance of certificate of occupancy. G. Fencing shall be limited to the building envelope except where necessary for livestock retention. Existing fencing outside of the building envelope shall be removed. K. Horse hay shall be fenced at the owners' expense with 8' mesh game proof fencing. I. Landscaping should include significant vegetational screening on the north, east, and west sides of the building envelopes to m;n;m;ze the effects of increased human activity on wintering mule deer and elk and protect the integrity of the migration corridor. This should be done according to a landscaping plan approved by the County. 4. The Applicant shall comply with the following wildfire mitigation standards: A. Within 15' of all structures, maintain vegetation at a height of 6" or less with mowed grass, low growing perennials or hardscape. Woody vegetation shall not be planted within this perimeter. B. Maintain mowed lawn within 30 feet of all structures. C. Within 100' of all structures, create clumps of sage by mowing or removing the plants. The maximum diameter of remaining sage clumps shall not exceed 2 times the height. Spacing . ouou2~ ,~~ Hearing Officer Determination No. ~-2002 Page 3 IIIIIIII,iIIIIIIII IIIIIiIC!I~;~~llllllillllll911!III. 4 I Z (~7 ~7 Page: 3 of 6 09/26/2002 09:088 D 0.00 between clumps shall be 2 '/z times the height of the existing vegetation. Grass shall be the dominant plant growing in the spaces between clumps. D. Roofs shall have anon-combustible roof covering on a Class A assembly. Wood shake/shingle roof coverings are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted in 1041 Wildfire Areas unless they comply with the following: 1) All roof coverings shall be noncombustible materials as defined in the Uniform . Building Code (CTBC) 1997 Section 104 and installed ou a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be instaIled as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specificaIly approved by the Fire Marshal prior to subnuttal of a building permit application. E. Vents shall be screened with corrosive resistant wire mesh with mesh '/< inch maximum. F. Roofs and gutters shall be kept cleaz of debris. G. Yards shall be kept clear of all litter, slash, and flammable debris. H. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. I. Swimming pools or ponds shall be accessible to Fire Department vehicles. J. Fences shall be kept clear of brush and debris. K Wood fences shall not connect to the structure. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above- ground 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 10 pound approved ABC fire extinguisher placed in a visible and accessible location. 0. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. P. New utility lines shall be buried within the driveway. 5. The development shall comply with all of the codes and requirements of the Aspen Fire Protection District. 6. Exterior lighting shall comply with the County's lighting regulations in effect at the time of installation. 7. No development, including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, well or septic system shall occur outside of the approved building envelope. Construction, staging, parking, utility and driveway ea'tension and maintenance shall occur within approved building envelope or the access driveway. 8. All areas disturbed by construction shall be revegetated v~ith native sl-Irubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion. 9. The property shall be limited to a maximum of ~,7~0 square feet of floor area exempt from growth management. 4 aoou2 472700 . Hearing Officer Determination No. ~~-2002 I Page : 4 of 6 Page 4 ~ ~ @9/26/2002 09:08A SILVIR DRVIS PITKIN COUNTY CO R 0.00 D 0.00 10. The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval; unless' amended by other conditions. ~ - ~ . ~ , 11. 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.RS., § 24-68-105. The statutory vested rights granted herein shall expire on September 17, 2005. BE IT FURTHER RESOLVED by the Hearing Officer that he does hereby deny the special review request for a caretaker dwelling unit. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 20~' day of July, 2002. APPROVED ON THE 17`b DAY OF September, 2002. PUBLISHED AFTER ADOPTION FOR VESTED AL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON THE DAY OF,~~~, 2002. , :,~ .. _ _ ~ ~ COMMUNITY DEVELOPMENT . DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO ATTEST: ,~ :.. Isabel Calderon, Administrative Assistant APPROVED AS TO FORM: -- _~~ John Ely, County P061-02; PID#264501300102 By ~/ - - - ~ . ~'".'~--- / James R True, Hearing Officer Date.' _ l'1 ~`~- - APPROVED AS TO CONTENT: Cindy Houben, Community Development Director OOOU~~ A3~ine 5ur~eys I tts Nor'>, 1Ai11 Qtreet PCSi CtlleQ Sax t%D • e;s~,Qn, CJICrZCL 87fi.c sas s~~ ~~~e Ma~~ 3Z, 1985 8~'~3 Oatas I .. ... .. tFEST~'.+F TFr1C= .. ~ _.. I A T?.2,CT OF LA~~iD . SZTQA""rD• z~ ^_'E/ NqP if a ~ lit AND T~ ' •. •14E I/4 S-S 1/4 OF SzC:ION 1 e1~1D TSE' NE •1/4 SE 2f4 OF I Si.CTTOK Z ~ ALL IN TC9V145aI~ 4 80'OTE r R+'iYCw 8 6 t?PEST OF • • , " ~ TEE 6TE P . 'M. , ' PITTIN CJDNTY, CGI~OPA.DO, L•`rISfG SG1TLay,~3 ! ~~ . 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N~+ ; ~ ~ Ill ' I 1 /. ~ ,. - ~ ~ 111 o n> y ~' H .. ~ ~~ () ~ I'r i fTl ~ ~ ~ ~ ~ o ~ ~ -, ~' , ~ : ~ ~ ~ ~. ~„ ~ i gC• _ A N TiM n '~`'~ .,..., , a ~~ • ~ l ~ ~ ~ C E ~..• ~ IT ,,. ~, ~ ~ :[G t i I ~ , ~' ' '.• I ~ ~I ~I i :~ .... ~ I ...,, .: d a . . N~~^ Ni , 'nR s•1 t N • L Y. N /i r hl ' c7 hl „ z ~s a z d „ x W U M ~ y ._ ~... ~., nq vT Iii Ri ,~ ~, - ,~ ti ~ rti .ii rm ~, y V U zi °. O ' ly ~ov a. • e..~ .a ~ ^ \ ~ ~ •)~ ~;~ r', ~~_ ~i J ~lj i~ 1 ka~l ~. F~ ., c _> 1?~ ,_ , Ifl t~ a r l+yy. ~1 ~• ``~~ ~ F~ ~~ Ell 1'1 ~~l .~ Cn 1 , I--~ E11 I;a tl r-~• /c:.l ~!~/ tr1~ f~ N Recorded ~ ~ ~.~ 3 o'dod~ _L__ eoo~ 519 -~s~231 Reception No 2 R 1 Co 2 y LORETTA BANNER P[TKIN COUNTY RcCORDER EASEIiENTS AGREEMENT THIS AGREEMENT, mane and entered into this ~S~day of X986, by and between ASPEN VILLAGE, INC., a Colorado rporation ("AVI"), TIMOTHY F. MARQUAND ("Marquand"), CHERIE G. GATES ("Oates"), and JAMES E. GERBAZ ("Gerbaz"), W I T N E S S E T H: WHEREAS, AVI is the record owner of that certain real prop- erty described in the deed recorded in Book 358 at page 80 of the real property records of Pitkin County, Colorado (the "AVI Tract"); and WHEREAS, Marquand is the record owner of that certain real property described in the deed recorded in Book 498 at page 723 and rerecorded in Book 501 at page 76 of said records (the "Marquand Tract"); and WHEREAS, Oates is the record owner of that certain real property described in Exhibit B to that certain Judgment recorded in Book 492 at page 89 of said records (the "Oates Tract"); and WHEREAS, Gerbaz is the record owner of that certain real property described in Exhibit C to that certain Judgment recorded in Book 492 at page 89 of said records (the "Gerbaz Tract"); and WHEREAS, access to the Marquand, Oates and Gerbaz Tracts lies across the AVI Tract, and access to the Oates and Gerbaz Tracts also lies across the Marquand Tract; and WHEREAS, the parties desire by this Agreement to create and establish the necessary easements and rights-of-way for such access routes and to provide for certain ancillary matters. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid to each of them, the mutual cove- nants and agreements herein contained, and other good and valu- able considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Easement Descriptions. The legal descriptions of the four (4) separate easements ana rights-of-way which are the sub- ject of this Agreement are set forth on Schtauie I attached hereto and made a part hereof by this reference and are desig- nated thereon as Easements A, B, D, and E, respectively. 2. AVI Easement Grants. AVI hereby grants, transfers and conveys unto Marquand, Oates and Gerbaz, and each of them, and their respective heirs, personal representatives, successors, 1: jK ~ ~ e~ 519 r~?~2 assigns and invitees forever, perpetual, non-exclusive easements and rights-of-way along, over, across and under Easement A as described on attached Schedule I, for purposes of (i) all forms of surface access to, and (ii) the installation, operation and maintenance of underground utilities for the benefit of, their respective Tracts as herein described. AVI hereby further grants, transfers and conveys unto Marquand and his heirs, per- sonal representatives, successors, assigns and invitees forever, perpetual, non-exclusive easements and rights-of-way along, over, across and under Easements D and E as described on attached Schedule I, for purposes of (i) all forms of surface access to, and (ii) the installation, operation and maintenance of under- ground utilities for the benefit of the Marquand Tract. 3. Marquand Easement Grant. Marquand.hereb r transfers and conveys unto Oates and Gerbaz, and each oftthem, and their respective heirs, personal representatives, successors, assigns and invitees forever, perpetual, non-exclusive easements and rights-of-way along, over, across an6 under Easement B as described on attached Schedule I, for purposes of (i) all forms of surface access to, and (ii) the installation maintenance of underground utilities for the benef itrof,otheir respective Tracts as herein described. Oates and Gerbaz mutually understand and agree that by separate instrument, Oates will, if requested by Gerbaz, provide Gerbaz with an acceptable easement commencing at the point of termination of said Easement B, and thence continuing across the Oates Tract to the easterly boundary of the Gerbaz Tract for access and utility purposes to the Gerbaz Tract. 4. Maintenance and Repair of Easements. Marquand, Oates and Gerbaz hereby agree to be responsible, in one-third (1/3) shares, for the maintenance and repair of Easements A and B as described in attached Schedule I. Marquand hereby agrees to be solely responsible for the maintenance and repair of Easements D and E as described in attached Schedule I. 5. Reserved Rights to Relocate Easements. AVI hereby expressly reserves the right at any time and from time to time hereafter to relocate all or a portion of Easement A (or at lease the surface access aspect thereof) to a different alignment upon the AVI Tract, so long as such realigned easement provides sub- stantially the same function to Marquand, Oates and Gerbaz as does Easement A, and so long as such realigned easement will not cause material additional inconvenience, difficulty or expense to Marquand, Oates or Gerbaz in gaining access to their respective Tracts. -2- 000035 ~ ~ s~ 519 ~ AVI also hereby expressly reserves the right•at any 'time and from time to time hereafter to relocate all or a portion of Ease- ment D and/or Easement E (or at least the surface access aspect thereof) to a different alignment upon the AVI Tract, so long as such realigned easement provides substantially the same function to Marquand as do Easements D and/or.E, as the case may be, and so long as such realigned easement will not cause material addi- tional inconvenience, difficulty or expense to Marquand in gaining access to his Tract. Similarly, Marquand hereby expressly reserves the right at any time and from time to time hereafter to relocate all or a portion of Easement B (or at least the surface access aspect thereof) to a different alignment upon the Marquand Tract, so long as such realigned easement provides substantially the same function to Oates and Gerbaz as does Easement B, and so long as such realigned easement will not cause material additional incon- venience, difficulty or expense to Oates or Gerbaz in gaining access to their respective Tracts. 6. No Parking of Vehicles on Easements. It is mutually understood and agreed that no portion or portions of any of the Easements which are the subject hereof shall ever be used for the purpose of par;cing vehicles thereon, whether permanently or tem- porarily. 7. Termination of Existing Easement Rights. It is specif- ically understood and agreed that upon the execution hereof by all parties and the recording hereof in the Pitkin County, Colorado real property records, that certain "Grant of Right of Way for Access Road and Utilities" dated November 1, 1978 and recorded December 6, 1978 in Book 359 at page 295 of said records, and all rights and obligations of the parties thereto (or their successors in interest) shall be automatically deemed fully and forever cancelled, terminated, and of no further force nor effect whatsoever. 8. Binding Effect. The easements granted hereby shall run with the title to and constitute a burden upon the Tracts.tra- versed thereby, and shall run with the title to and constitute a benefit to the Tracts specifically benefitted thereby. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representa- tives, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. -3- • 000~13~ '; 'EODII ~ ~6F AVI: Aspen Village, Inc., a Colorado corporation I ' B Y ~ ~ Gnu ~~~ / ~--1. `Its: ~~~ . MARQUAND : J'~-~- (~ ~ . Timothy~F. Marquand U OATES eri ates - GERBAZ: awes E. Gerbaz STATE OF COLORADO ) COUNTY OF PITKIN ~ ss. off. The fore 'ng instrument was acknow edged befo me this O~~ day of 198, by of Aspen Village, Inc., a Colorado corpoC as ration. Witness my hand and official seal. My commission expires: p'3 ~Zc~ l ~,9 OQJJ3'7 Q /\ \ /~ Nota ~ublic -4- ,,, ,~~ O~ ^ -~ ~,. ~ , ,,, ,, av _ : V : c ,``,~ , ''+ruuun~~`~~~, ~.,, ~_ .- ~ ~. ,il ~i ~, :*~~~. _I STATE OF COLORADO ) ss. COUNTY OF PITKIN ) " eoac ~~ 9 ~ 2:35 The forecoing instrument was acknowledged before me this ~~'-` dsy of ~,~,~~~,.~, b~_, 198 ~, by Timothy F. Marquand . I Witness my hand and official seal. My commission expires: G3~Z`1~$ci ,,,..~~~~~~~~.,,, ~• ,.•av~~ o •' . ~ ~' . o ./~• Notary P 1 is Lr ~~, = . STATE OF COLORADO ) 's, c~~ ,,,,, .•• O ~~®L`~]`f'Y ~C1~r'lPITKIN ) ~~~~IIi1//M/MINI ~, ~ V ' .• LI ..' / ~, : ~Th,e dare in instrument wa acknowledged before me this ~ 15 dc~y ~~# 19~, by Cherie G. Oates. r..~ •o. ,•:~~';l, ' .Witr~s my hand and official seal . c pF (,v ~:~ "" ~=•:..;kdy~~'comn-ission expires: ~~f t3Ig7 Notary Public ~ STATE OF COLORADO ) ss. COUNTY OF PITKIN ) . ~ -' ., ~'t'pe foregoing ~strument was acknowledged before me this /5.~;,~.•day of 198, by James E. Gerbaz. .Witness my hand and official seal. . ~ G~lq commission expires: r- 13 `' 1 I~, r . ,• r _ ~ V Notary Public -5- ooou3~ ~ ~ 519 ~?~ .. ,....~ SCHEDULE I Easement A A 20 foot wide strip of real property situated in the NW~SW; of Section 1, Township 9 South, Range 86 West of the 6th Principal Meridian, Pitkin County, Colorado, and lying 10 feet on each side of the following described centerline: Beginning at a point on the Northerly right-of-way line of a 60 foot wide County Road (Watson Divide Road) whence a brass cap found i~n place and properly marked for the W; Corner of said Section 1 bears N 49°54'27" W 1253.34 feet; thence N 12°18'08" W 87.89 feet; thence N 04°14'25" W 283.87 feet; thence N 04°21'48" E 142.26 feet, more or less, to the Southerly boundary of the Marquand Tract. Easement B A 20 foot wide strip of real property situated in the NW~SW; of Section 1, Township 9 South, Range 86 West of the 6th Principal Meridian, Pitkin County,~Colorado, and lying 10 feet on each side of the following described centerline: Beginning at a point in a fence as built and in place (which fence lies on the common boundary of the AVI and Marquand Tracts) whence a brass cap found in place and properly marked for the W; Corner of said Section 1 bears N 66°14'09" W 935.22 feet; thence N 05°59'42" E 88.89 feet; thence N 11°31'23" E 113.71 feet, more or less, to the Southerly boundary of the Oates Tract. Easement D A 20 foot wide strip of real property situated in the NW;SW: of Section 1, Township 9 South, Range 86 West of the 6th Principal Meridian, Pitkin County, Colorado, and lying 10 feet on each side of the following described centerline: Beginning at a point on the centerline of Easement A as above described whence a brass cap found in place and properly marked for the k'>. Corner of said Section 1 bears N 54°19'07" W 1048.91 feet; thence N 22°17'01" E 50.41 feet; thence N. 43°59'09" E 142.70 feet; thence N 62°46'06" E 85.10 feet, more or less, to the Southerly boundary of the Marquand Tract. Easement E A 20 foot wide strip of real property situated in the NW;Sw; of Section 1, Township 9 South, Range 86 West of the 6th Principal .'- Meridian, Pitkin County, Colorado, and lyino_ 10 feet on each side ~~~~ of the fcllowin~ ascribed centerline: :~ ',.: ~~~~~~ C~ ~ ~~ 519 X237 Beginning at a point on the centerline of Easement A as above described whence a brass cap found in place and properly marked for the W; Corner of said Section 1 bears N 64°30'49" h' 1074.81 feet; thence N 27°15'13" E 57.45 feet, more or less, to the Southerly boundary of the Marquand Tract. Recorded 11:13 AM Dec 6 1978 Loretta Banner Recorder ti i~: "i+:V"CY j !' GRANT OE' RIGHT OF WAY ~ FOR ACCESS ROAL' AND UTILITIES I ~~ THIS MUTUAL AGREEMENT, made and entered into this 1st I~ day of November , 1978, by and between ASPEN VILLAGE, INC., ~! a Colorado corporation, party of they first part, CHERIE GERBAZ ~ ~I OATES and JAMES E. GERBAZ, both of the County of Pitkin, State of Colorado, parties of the sFCOnd part; and, DELBEFT H. GERBAZ and ~ i~ ~ JAMIE GERBAZ, also bcth of the County of Pitkin, State of Coloradoj, jiparties of the third part, and each of them. i~ ~: 1J I T N E S S E T H II WHEREAS, the party of the first part is the owner in fee (,simple of all of the. ~ertain real property described in tiaat I certain deed dated July 10, 1978, and recorded in Book 358 at ~~page BO of the records of Pitkin County, Colorado; and, ~~ WHEREAS, the parties of the sPCOnd part, as tenants in I Ilcommon, are the owners in fee simple of rill of that certain real , property described in Book 247 at page 215 of the records of ~fPitkin County, Colorado; and, II WHEREAS. the parties of the third part ar.e the owners Iles joint tenants of all of that certain real property described lin that certain deed recorded in Book 247 at page 218 of the records of Fitkin Cor:?tty, Colorado; anr., WHEREAS, the property of first party hereinabove !described lies adjacent and northwesterly of the road commonly I I (known as the "Watson Divid~> Road," and southeasterly and adjacent to *_he property of ch'e parties of the third part; and whereas I said proper*_y of the parties of the third part lies southeasterly of and adjacent tc the property of the parties of the second part; and , ~ WHEREAS, the party of the first pert is willing ro grant and convey to the parties of the second arid.third part a perpetual easement over., along, across :and under that portion of its 1, ..:-, s,=~S: a. ?,~ ~; Y::: ::K± )I'S ,~~: .,.~.: .r.. ;;ig ~~' .,j y Froperty describe on E~.:iibit "A" hereto for access by said parties of the seco:id and third parts, their hems, grantees, invitees and assigns, to their respective parcels of property above described, and for the install.ati~n, operation and *_iain- tenance of utilities for the benef:.t of said properties; anti, WHEREAS, the parties of the third part are willing to ,grant and convey to the partied of the second part an easement for those same purposes over, along and across that portion of ~~roperty of the parties of the third part des::ribe~d in Exhibit "A" hereto. I `' I i ~.. NOW, THEREFORE, for_and in consideration of the sum of TEN DOLLARS ($l0.OG) and other g~>ad and valuable consideration in hand paid by each of the parties hereto t.o t};e other, it is agree as follows: F ~ :- ': e' ,~,_.>.: Ion the easement herei: grar+ted., 1. The party of the first cart gives and grants unto the parties of the second and tliir3 parts a perpetual easement i£o:c access and utilities to the respective properties of the said I parties of tY.e second and third parts as above referred t.o, over, along, across and under that portion ~f the property described in Exhibit "A" hereto owned by them. 2. T'he parties of t},e second part gi re and grant to she parties of the third part an access and utility easement over, across, along and under that portion of the property described in Exhibit "A" hereto belonging to them'. 3. The grant of easement herein made shall be perpetual the portion thes~of lying on the prcperty of the par% of the first part to be used in common by all of the parties hereto, and ease- ment granted by the third parties to tize'second parties to be usec in common by thc~s•_ said parties. 9. The parties of the second part and third part 'jointly do hereby assume anR"agree to pay the comic of the main- tenance of any access road now in existence or hereafter created -2- d1~~~4~ ~. ,~~i ^au~~n, ~~idid„di, li ~ro~n i~~~h~t':~G.14a iM ~n~li ulHi J1118tl1 ~~~~II~Id~dnlJll'Ji.~IlYlill ~lllli. 'oi"""`b'wi'°'~ ."r ''~^I8~ r r~ L~~ ,~''~" 5. The party of the first part as to the parties of ;the second and third parts, and the parties of the third part as ~~to the parties of the second part, reserve the right to relocate + the easement herein granted to burden other property o~.~ned by I'them in the vicinity of the said easement, so long as any such i~substitur_ed easement provides the same func_ion t~ the parties of the second part and/or parties of the tk+ird part, as the case 'imay be, as the easement herein granted, and so lance as such sub- 'f stitut'= easement will not impose additional inconveniences, difficulties cr e;tper.se upon the parties of the second part and/or~ parties of the third part in gaining access to their respective parcels of property herein referred tu. ~ 6. The grant }ier:in made shall give and con•~ey unto the parties of the second ~~a~t and parties of the third Fart full and fr~_e light and liberty for them, their agents, `heir tenz.nts, (servants, visitors, invitees and licensees, grantees end assigns, I lin and to the easement described in Exhibit "A" hereto, for access Ito their respective properties hereinabov~ described, by personal,) business, utility and service vehicles, or an foot, by other ~ ., P~* :f3 '; .~ k, `rug= liconveyance, as may necessarily and conveniently be required for I' the effective use of said roadway for such access; PROVIDED, ~~ HOWEVER, that the said rig}it ~f :~~av s}+all ir. nu event b? utilized for the purposes of leaving or parking vehicles thereon, whether ~ permanent)}~ or temporarily, and additionally, th~z u.se of portions l 1 )thereof not uti.7.ized for access for purposes of the installation 'and maintenance of utilities to service the respective properties ~I cf the partie . :if the second and t,:,ird parts as shall he necessary (for the beneficial use of those properties. ~! ~ IN iJiTNESS w'i-IERBOF, the parties hereto have executed ~I (this agreerre+;! on the d.ay and year above first written. ~! ~ ASPEN VIL•L'~GE, INC. , a Colorado I corporation ') 11 ATTEST:/~/~i% r%/~ gy ...(i~ .;..L~~-v. ~_~ ~~..~{~~ iI By ~'~%/~ fC~="i •'LC>~ President ,Secre,tary ~~' ~~ ~(?Of2PO~TE SEAL) I 1; ., y L, C o ~ . .Q~Ot~{t :; f M .4e R+~' w. ,, ,~.., ',~-: 4 ,g t air. u.+ei n~nu~ue~-nl..d, .ale,1.l.t.lla+tl6i,ili~lr~~~d6n~ii',+~31~,o la6ia,i~il~ar•1@1~iN~aYliHl ilNdl6YdlYla~IIWI!IdllllN~tiiiliWul;fdii4~L ld ~~ ~ai:~uh~wl~~ -; . ~;; .,....-.._F,~. ~,,.,,.,.~ ...,.. t~.~"'".;W ... ... rl~: ~S =f 'h: ^~ - ii '. ~, r;. .. ;r=4 ~? .;ra ..,,.= - t* is - „a rc- `-.` I ~9 ~'`~' I Cherie Gerbaz Oates (. i ~7ames E. Gerbaz i Parties of the Second Part Delbert H. Gerbaz ~ ~,,~ j C `; / . Janie Gerbaz ~1 , i i ~Pairties of the Thi~ art I - ~ ~' , I STATE Or'' ~.Q„~~%,~~ ~ '~,~ ) r.,~ ., j s s : i COUNTY OI'!~% ; • ~ ~~n _ I .k. / i -~?. i=:e: •T]~e f3YE ~ in instrument wa_= aclcnowle d before me _^ this ~- day `" fr~w''„ 19', B , by (~~~~• ~:~. as ~ `'=< President, and;y.r (; ~ `„~ as Secretary, of SP£2•a VILLAGE, INC., a Colorado cor " aticn. '•,`~,,;;, ,;. - My commission a xpires: `~~ ~ `~~ )` '~ - =n WITNESS my hand and offi~al seal. ~ F- ,r - Notary Pnblic,~f.`." Tp 31E F. P~~SNACK ' :iotary I'uclir Slate ct .evr York ~ - STA'I`B OF COLORADO ) r:o. _ ~n14"J vca Cap •~ COUNTY Oi• P:.TICIN ) The foregci,~g instrument was acknowledged before me • this j -day of i,',~•--~..::.~~:~~~, 1978, by CHERIE GERBAZ OATES, s. _ "tee, ,. -• L~ .-~; JAMES S. GERBAZ, DEI.BERT H. l,~,xBAZ and JANIE GERBAZ. t, r'~y~^, r iMy commission expires : .-' - ` ~ =3~ -~ ~~.'•• •• •~'• ~%y•S,tSTNESS my hand and officialls~al. ~~ moo-. ~ ~(`~,-/ .~ -~ .'~ _/L iG.t,/J~•~-/i~t_ ~~ ` II ~.,~ __ ~ NotaL-y public Z. ay, -4- O~U~~ _, . ..... ..- •. ~~•~~~~ ~ ~~ •e. .. v.... i~~.v.,,.,a.~iu..w~....,.~•w.wrnrr,. .i .. ~~i .v... i.. .uau.i.... ~e v. ~~UV ... .,1 vvai ... ,Ilil.l lG Irv litl-I,i .J.. Iv ~ilu0l51ii. ~~. ~~ii l'.It vl Wi.u iY.Y._ ~..- G.. F u .. f.;, n.. r.u~ .. ~ .. C r r .. _. _. _____. _. ______._. 7+ strip of land 20 feet in width to be used for a road easement <;ituated in the NIti';Srti; of Section i, Township 9 South,- Range ?6 West of the Sixth Principal Meridian, being 10 >:eet in width on each side of the fol.lc~wing described centerL•".re; beginning in the center of the exi=sing county road known as Watson Divide Road, whence the Svest Quarter corner of said Sectio: T bears N. 45°04'35" W. 17.63.73 feet; thence North 50.1'•0 feet along ~a~d centerline; the-.nee 178.57 feet a].anu said centerline, on the t~rc of a curve to the ]eft, having ~ .daiu~. ~f li5f.50 feet, the chard of which bears N, 18°01'20" E. 178.39 feet; thence ,i~ 117.53 feet alanq said centerline on the arc of a curve to the .left, having a radius c:f 412.51 feet, the r_hord of which bears N. OS°26'33" E. ]17.13 feet; t.}lEr3C•.` 76.69 feet along said center- iinr on the arc of a curve to the riynt, having a radius ~f 174.50 ;`;~ feet, the chore' c:.. which bears N. 09°50' S1" E. 76.08 feet; thence ~;., N,. 2:'°24'3'1" [d. 52.&3 feat along said centerline; thence lOS.A~ 'r fE~et alo::g said ^_enterl.ine on the arc of a curve to the righ~ `:i? having a ra-iius of 372.57 feet, the chord of wi~i.r•h ~":~~ iv. 30° - 32°35" E. 105.4] feet; thence 63.12 feet along said/centerline ~' on a cu_-ee to the left, having a radius of 112.96 feet, the -: chard of which bears N. 22°40'.12" E. 62.30 feet; thence N. 06° 39'43" E. 285.21 feet, mox•e or Jess, to the Northerly lino of said _ Sec Lion I, the Terminus of said centerline. ;r ~, ,~w „~: .. '' '-'R k Also a strip a.f land 20 feet in with to he used for a road easement situated in thy: N4J3;SW; of Section 1, Township 9 South, Range 86 West of the Sixth Principal Meridian, being 10 f~:et in width on each side of the- fallowing described centerline; Beginning in the center or". the above described easement whence the Wept Quarter earner of said Section 1. bears N. 63°31'50" W. '_079.66 feet; thenr_e T7. 53°10'00" E. 95.00 feet, more or le>s, t:o the Southerly line of a 2.00 acre parcel, the Terminus cf said ea~;e- ment. Septemner ~~, 1978 flOEI~~ SCARROW AND WALKER/KKBDTA, IfiTG"..~, `~~-`H. 209 8th Street `.ys~„~~~ Glenwood Springs, CO $1~6~01 ~,,,,;,,~,+, e. ~:n ~~'P . _ a ! ...a~ <,, _ . ~ .! A~ 3 S w DEC. 17. 2003 10:35AM PITKIN COUNTY TITLE ' NC -~~ PITKIN COUNTY TITLE Attachment 7 COMMITMENT FOR TITLE YNSLFRA.NCE SCI~EUULE A 1. Effective Date: October 19, 2003 at 8:00 AM Case No. PCT18465F2 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Amount$ 1.200,000.00 Premium$ 2,654.00 Proposed Insured: Rate: Standard THOMAS LAROSE (b) ALTA Loan Policy-Form 1992 Amount$ 0.00 Premium$ 0:00 Proposed Insured: Rate_ Tax Certifcate: $10.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: JAMES GERBAZ 4. The land referred to in this Commitment is situated in th® County of P17KIN State of COLORADO and is described as follows: a See Attached Exhibit "A" P11Y:IN COUNTY 7fILE, WG 601 E. HOPTCINS ASPEN, CO. 81611 970-925-1766 Phone 970-925-652T FAX 877-Z17~156 Toll Free AUTHORIZED AG&NT Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. , 000(J~~ DEC. 17. 2003 10.35AM PITKIN COUNTY TITLE ' N0. 4066 P. 3 PITKIN COUNTY TITLE EXHIBIT "A" LEGAL DESCRIPTION A tract of land situated in the NW i/4 SW 1/4 and the NW 1/4 SW 1/4 of Section 1 and the NE 1/4 SE 1/4 of Section 2, all in Township 9 South, Range 86 West of the 6th P.M. Pitkin County, lying Southerly of the East-West centerline of Section 1 and Northerly of the Northerly Right-of-Way line of a 20' roadway as constructed and in place, said tract being dE;5oribed as fOIIoWS: Beginning at the comer common to said sections 1 and 2, said comer being marked with an iron post and brass cap found in place and properly marked; thence N 89°59'05" E 270.04 feet; thence S 00°00'55" E 414.40 feet; thence S 53°16'21" W 95.60 feet; thence S 26°54'16" W 127.90 feet; thence S 03°27'50" E 325.44 feet; thence N 82°06'45" W 180.18 feet to a point on the Noriherly line of said road; tr~ence N 16°16'12" W 26.94 feet along said road; tr~ence 165.68 feet along the arc of a curve to the left having a radius of 124.43 feet (th® chord of which bears N 5~4°24'53" W 153.71 feet); tFience S 87°26'23" W 80.45 feet along said road; thence 144.67 feet along the arc of a curve to the left having a radius of 90.16 feet (the chord of which bears S 41°28'18" V'J 129.64 feet}; tFience S 04°29'47^ E 106.53 feet along said road; thence 65.44 feet along the arc of a curve to the left having a radius of 230.60 feet (the chord of which bears S 12°37'38" E 65.22 feet); thence S 20°45'24" E 29.17 feet along said road; thence 73.78 feet along the arc of a curve to the right having a radius of 28.25 feet (the chord of which bears S 54°03'31" VV 54.53 feet); thence N 51°07'35" W 49.23 feet along said road; thence 61.12 feet along the arc of a curve to the right having a radius of 115.54 feet (the chord of which bears N 3~5°58'20" W 60.41 feet); thence departing said road N 09°34'25" W 210.91 feet; thence N 01°39'08" W 121.71 feet; thence S 89°43'08" E 445.97 feet to a point on the Section line common to said Sections 1 and 2: tlnence N 00°02'08" W 693.00 feet along said Section line to the corner common to said Sections 1 and 2, the POINT OF ElEGINNING. ~-OGETHER WITH easements as defined and described in Easement Agreement recorded September 19, 1986 in Book ;i19 at Page 231. 1(OGETHER WITH easement as defined and described in Easement Agreement recorded _ , 200_, as Reception No. ~Cl~JJ4~ SEC, 17. 2003 10.35AM PITKIN COUNTY TITLE ' NO, 4066 P, 4 PITKIN COUNTY TITLE SCHEDULE S - SECTION ~. REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Duly executed and acknowledges} Deed, From :JAMES GFRBAZ To :THOMAS LAROSE 2_ Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 3. Completion of Form DR 1079 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the Stat® of Colorado. (This instrument is not required to be recorded) 4. Evidence satisfactory to the Company that th© Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This Instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) O~DJ48 DEC. 17.2003 10:35AM PITKIN COUNTY TITLE ' N0. 4066 P. 5 PITKIN COUNTY TITLE SCHEDULE S SECTZOAT 2 EXCEP'TIOIVS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by {aw and not shown by the public records. earin in the 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first app g public records or attaching subsequent to the efFectiv® date hereof but prior to the date the proposed insured acquires of record for value the estate ar interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded December 21, 1912 in Book 55 at Page 206. 8. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded March 28, 1896 in Book 55 at Page 483. 9. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded September 19, 1986 in Book 519 at Page 231. Terms, conditions, provisions and obligations as set forth in Acess Easement Agreement recorded February 9, 1988 in Book 556 at Page 634. 11. Terms, conditions, provisions and obligations as set forth in Determination recorded September 26, 2002 as Reception No. 472700. 12. Easements, rights of way and all matters as disclosed on 1041 Hazard Review Plat of subject property recorded November 13, 2002 in Plat Book 63 at Page 25. 13. Easement and right of way as set forth in Easement Agreement recorded as Reception No. .. OOJ~49 DEC. 17. 2003 10:36AM PITKiN COUNTY TITLE ' N0, 4066 - PITKIN COUNTY TITLE ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT18465F2 SI=LEER: JAMES GERBAZ gIJYER: THOMAS I~ROSE Tlie following endorsements will be issued in connection with fhe Policy to be issued hereunder as referenced above: ENDORSEMENTS: 110.2 (N0.7) For a fee of: $266.00 100.30 For a fee of: $266.00 For a fee of: $ For a fee of: $ For a fee of ; $ Exceptions Numbered 1, 2, 3 and 4 will be deleted from the final Title Policy, upon compliance with the requirements set forth below. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. THE FEE FOR DELETING EXCEPTIONS 1 THRU a OR ANY PREPRINTED EXCEPTION Is: $50.00 Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. ~IOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company.. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien X~eriod as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. PJOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained t-y the Company for Deletion of Printed Exception No, 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) - [~t~UU50 DEC, 17. 2003 10:36AM PITKIN COUNTY TITLE ' NO. 4066 P, 7 PITKIN COUNTY TITLE A.DDITYONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY 70 BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89.2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens Ilens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for furthor information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title Insurer to provido mechanics or materialmens lien coverage- NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or f+ling of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bi1191.14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction maybe obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11.123) If Schedule S of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (NB 01-1066), this is to advise: (a) There there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest In oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule B-Section 2 Commitment No. PCT113A~65F2 ' 000051 DEC, 17. 2003 10:36AM PITKIN COUNTY TITLE ' PITKIN COUNTY TITLE NO. X066 P. 8 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 V'VIRING INSTRUCTIONS FOR ALL TINE AS FOLLOWSaRpING THE CLOSING OF THIS FILE AR ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT N0.2020055778 REFERENCE:PCT18465F2/'I'HOMAS LAROSE ~~DU~~ DEC. 17. 2003 10:36AM PITKIN COUNTY TITLE ' N0, 4066 P, 9 PITKIN COUNTY TITLE Pitkin County Title, Inc. - Privacy Policy V1,-e collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone n~~mber, or social security number; • Information about your transactions with us, our affiliates, or others. We rE:ceive this information from your lender, attorney, real estate broker, etc.; and Information from public records V'Je do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. VVe restrict access to nonpublic personal information about you to those employees wrho need to know that information to provide the products or services requested by you or your lender. UVe maintain physical, electronic, and procedural safeguards that company with ~~ppropriate federal and state regulations. OU-~105~ DEC. 17. 2003 10,36AM PITKIN COUNTY TITLE ' N0. 4066 P. 10 PITKIN COUNTY TITLE Fidelity National Financial Grouq of Companies' Pri~acv Statement July 1, 2001 W~~ recogiize acid respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Informnation"), and to wp~om it is disclosed, will form the basis for a relationship of trust between us and the public that we serve_ This Privacy Statement provides drat explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the couYSe of our business, eve may collect Persouul Information about you from the following sources: ^ From applications or other forms we receive from you or your authorized representative; ^ From your trausactions with, or from the services being performed by, us, our affiliates, or others; ^ From our Internet web sites; ^ From the public records maintained by. governmental entities that we either obtain directly from those entities, or from our affiliates or others; and ^ From consuumer or other zeporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information V6'e maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to dmose employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Oar policies and Practices Regrrr•ding the Shoring of Your Personal Xnformation Vise may share your Personal Information with our af~'iliates, such as insurauce companies, agents, and other real estste settlement sexvice providers. We also may disclose your Personal Information: _ ^ to agents, brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalF and ^ to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest, Irr addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you, C1ne of the important responsibilities of some o€ our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Informatiom~ Flight to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion C:c*rtain states afford you the right to access your Personal Informatiox and, under certain circumstances, to find out to whom your Personal Information has beers disclosed. Also, certain. states afford you the right to request correction, amendment or deletion of yowr Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. fill requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 lvIultiple Products or Services l:f we provide you with more than one linsncial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. oooo~~ OCT. 21. 2003 4:52PM OATES KNEZEVICH GARDL'~JSWARTZ -N0.0798-P. 4,:'~. - ~''~ OATES KNEZEVICH ,,Y,.,~'.:.. ~~~ .. ~a,ll.. y.j~ ~:,: ii ~ ~: .i'I'~,.1F.p ,: ~ r i :.. i 1 1 1~~' I r ~~i ~iil~l!~ ' ~i {I~ ., . ~l' ~ ~~al.:~~~;, •i'. ~ ~ ~ '~ ~~ ~ „ . rl: ~ i. i^c 'T ir;~ ~~ ~; , . ~1 i~i~.i, ; y,,,•i,: . Recorded at ~'clockzM., Reception No. BOOK ~~(~~'' f~(G~~'~ - ^. _, __. --... ~ _ 'Recorder. TIi1;S DEED, Ma<le this / 6 ~' da of y X1,2 ~ Recorder's Stamp 19 85 ,between ' ASP G... b ~ EN VILLAGE, INC. a Colorado corporatio , of the _ co C•,J County of Pitkin ,State of Colorado, of the first part and ~ ~ ~ ~, , o` ~ y C:J T ant ~he e G~rbaz Oates and Sames E. Gerbaz as w~iose I~ega~ a~~ e°sa i ~'' ~ a' ~ m ~ ~'~ s of the County of Pitk and State of Colorado, of the second part: ~ M ~ ~ ~ C£ I WITNESSETH, That the said party of the first part, for and in consideration of the sum of to the said part of the first part in hand paid by the said parties of the second part, tho receipt whereof is hereby confessed and acknowledged, hs, s remised, released, sold, conveyed and quit claimed, and by these presents does remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest and demand which the said part y of the first part has in and to the following described lot being in the or parcel of land situate, lying and County of Pitkin and State of Colorado, to wit: An undivided 0.26 percent of the Gerbaz Extension of the Snovmass Aivide Ditch (Diversion rate 30 gpm), Adjudication Date 3/23/1973, Appropriation Date 10/9/1965, Case No. W-g 10, Water District 38. An undivided 1.06 percent of the Snowmass Aivide Ditch (Diversion rate 30 gpm), Adjudication Date 5/31/1904, Appropriation Date 6/25/1889, Priority No. 207$, Water District 38. also known as street and number •."-1A7E DQCl1~•9Eh'TAP?Y ;.~_ '~ t.919~5 ~ ~~, ~ -_.., TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining', and al] the estate, right, title, interest, and claim whatsoever of the said party ofthe first part, either in law or equity, unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, TN WTT F, The said party of the f' •st' art ha s hand d~~jL L-Y119~ pia and year first above writ en. hereunto set its 1 ~ P' VILLAGE, IN ~ _ ~' Sign d,/$p~~1ed apnd De~li,X~re~,~ he presence of BV • :' ~,~ Aa ~j ~~ °~j' ~ ~ ~ ~ c ~.n ~ ~~,- / [SEAL] A~TEST: ~ O Z 0'R-~~ ~ iSEAL] TE OAADO, l r ss. County of Pitkin J The foregoing' instrument was acknowledged before me this ~~'' 1~J S , by /0/Fiy1AN~ r8~~d5 ~ ~L~.CC~, ~~1~y/ (~ day f ' ~~L~~~l~ My commission expires f- J /~/ao~~ 8 U .,,,,~,. 0 0 0 5 5 _ . Attachment 8 Mr. James Hedges 3001 Tamiami Trail North Suite 302 Naples Florida 34103 29 May 2007 Mr. Ezra Louthis Pitkin County Community Development 130 S. Galena St. Aspen, CO 81611 Dear Mr. Louthis: This letter is to certify that I, James Hedges, give Stan Clawson Associates, Inc. and its staff permission to represent us in discussions with Pitkin County regarding the application for an Extension of Vested Rights for the property located at Watson Divide Road, identified as Parcel ID# 264501300101. We have retained this firm to represent us in the application for this project. If you should have any questions regarding this matter, please contact me. Their contact information is as follows: Stan Clawson, AICP, ASLA Stan Clawson Associates, INC 200 E. Main St. Aspen, CO 81611 Tel (970)925-2323 Fax (970)920-1628 Very Truly Yours, ~~i~ mes R. Hedges`" O(~QJ~u li~Ir. Thomas LaRose c/o Chris LaCroix, Esq. Garfield 8~ Hecht, P.C. 601 East Hyman Avenue Aspen, C® X1611 29 May 2007 Mr. Ezra L,outhis Pitkin County Community Development 130 S. Galena St. Aspen, CO 81611 Dear Mr. Louthis: I, Thomas LaRose, am the owner of certain property at Watson Divide, Parcel ID# 264501300101 (the "Property"). I have entered into a contract to sell the Property to 7atnes Hedges. The contract is scheduled to close in August 2007. Mr. Hedges has retained Stan Clauson Associates, LLC and its staff ("SCA") to submit an application to Pitkin County for an Extension of Vested Rights for the Property (the "Application"). Please accept this letter as authorization for SCA to submit and process the Application. If you should have any questions regarding this matter, please contact tne. SCA's contact information is as follows: Stan Clauson, AICP, ASLA Stan Clauson Associates, INC 412 N. Mill Street Aspen, CO 81611 Tel {970)925-2323 Fax (970)920-1628 In addition, I consent to the participation of Mr. Hedge's attorney, E. Michael Hoffman, in the County's consideration of the Application. Ve Jr y Yours, Thomas LaRose By: Chris LaCroix, Attorney-in-Fact Copies via Email to: Michael Hoffman Stan Clauson Attachment 9 'ROGERS JAMES CV & LISANNE L 12421 BRENTWOOD DR :HOUSTON, TX 77019 i __~___ _____..~___~ WATSON DIVIDE RANCH INC X2120 AUSTIN AVE #100 jROCHESTER HILLS, MI 48309 DEBOER SKYLER S & JACK P 27 O~SNOWMASS CRK RD SNOWMASS, CO 81654 i rBUREAU OF LAND MANAGEMENT PO BOX 1009 ;GLENWOOD SPRINGS, CO 81602 a~~~~g Attachment 10 PITHIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PROJECT: Extension of Vested Rights LOCATION: La Rose, Watson Divide PID# 264501300101 ZONING: RS-30 PUD SIZE:~6.142 acres OWNERS: Thomas La Rose REPRESENTATIVE: Stan Clauson PHONE and EMAIL: 925-2323 DATE: March 16, 2007 Type of Application: Extension of Vested Rights Clauson a? scap] annine. com PLANNER: Ezra Louthis, 920-5092 Description of Project/Development: The Applicant received Special Review approval for use of a TDR for additional floor area pursuant to Hearing Officer Determination No. 19 -2004. A 1041 Hazard Review was approved by Heazing Officer Determination No. 36-2002. The vesting expires June 15, 2007. The Applicant has stated that a building permit cannot be submitted before vesting expires and extension is requested. Land Use Code Sections to be addressed in letter of reauest (annlication): Sec. 2-20-170(d): Extension or Reinstatement of Vested Property Rights: Reinstatement of Development Approval Sec. 2.2.3 of Pitkin County Application Manual Staff will refer the application to the following agencies: Snowmass/Capitol caucus Pc{,~- ~.., ~~' ~+„~ `-~t~°~. ~~' ~-~"'`~~~ J Review by: BOCC. ~ ` ~\'~~ Public Hearing: ~` %~ ue applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners at least 30 prior to the hearing with the return address of the Community Development Department (copy of the notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appear no more than 60 days prior to the date of the public hearing. FEES: $974 (make check payable to "Pitkin County Treasurer's ^ Planning Office flat fee: $924 (non-refundable; based on 4 hours of staff time; if staff review time exceeds 4.8 hours, the Applicant will be charged for additional time above 4 hours at a rate of $231/hour) o Public Notice Fee: $50 To apply, submit 8 cobies 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; 2. Previous Land Use Approvals (if applicable); 3. Proof of ownership of subject property; 4. Pazcel description, including legal description and vicinity map; 5. Total fee for review of the application; 6. Signed fee agreement (1 copy); 7. Consent from owner(s) to process application and authorizing the representative (1 copy) 8. List of all adjacent property owners and mineral estate owners (1 copy) 9. Copy of this preapp form (1 copy) NOTES: ~~ b0:o059 - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OFYOUR COMPLETEAPPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OFALL RL;MAINING COPIES OF YOUR APPLICATION (IFPOSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMENTSINCLUDED INYOURAPPLICATION. - ALL MAPS SHALL BE FOLDED. - ATLEAST ONE COPYOFAPPLICATIONSHALL HAVEALL DOCUMF.IVTSAT NO LARGER 77IAN 11 'X 17" SHEETS. - 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 maybe required upon a complete review of the application. aoooso PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and James Hedges (hereinafter "APPLICANT") AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Extension of Vested Ris_hts (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32-2002 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ 924 which is based on 4 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director "APPLICANT" By. , James R. Hedges Date: ~~~/ ~ 7" Mailing Address 3001 Tamiami Trail North. Suite 302 Naples Florida 34103 Telephone: (239) 403-3030 ooous~ PITKIN COUNTY COMMi7NITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 PHONE# (970) 920-5526/FAX# (970) 920-5439 June 18, 2007 Stan Clauson 200 East Main Street Aspen, CO 81611 Re: La Rose Extension of Vested Rights (PID#2645-013-00-101; CASE# P081-07) Dear Mr. Clauson: 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. At this time we are requesting on more application for referral purposes. We have scheduled this application for review by the Board of County Commissioners on Wednesday, August 8, 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 Community Development Department. If you have questions, please call Ezra Louthis, the planner assigned to your case, at 920-5092.. Sincerely, Bonnie Waechtler Administrative Assistant PITIONN COUNTY COIVIlVIUNTTY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Snowmass/Capitol Caucus Open Space and Trails FROM: Ezra Louthis, Community Development Department RE: La Rose Extension of Vested Rights, (Case P081-07; PID 2645-013-00-101) DATE: June 18, 2007 Attached for your review and comments are materials for an application submitted by Thomas La Rose. The Board of County Commissioners will review the application on Wednesday, August 8, 2007. Please return your comments to me by Friday, July 20, 2007. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. MEMORANDUM TO: Ezra Louthis, Pitkin County Community Development FROM: Pitkin County Open Space and Trails RE: La Rose Extension of Vested Rights DATE: July 31, 2007 Pitkin County Open Space and Trails has the following comments on the La Rose application for extension of vested rights: OST is still anxious to receive the proposed conservation easement and $17,000 donation for the construction of improvements on the easement property. A draft of this easement has been circulated between the County Attorney, applicant, and potential buyers. It may be advisable to tie this extension to a deadline of perhaps six months for completing that conveyance. On behalf of Pitkin County, OST has invested in the preservation of the scenic quality of the Snowmass Creek valley through several large projects in the area. As such, OST support's the notion of requiring a scenic review for any changes to the design or architecture of the proposed development. Ezra Louthis From: Michael Kinsley [mkinsley@rmi.org] Sent: Tuesday, July 17, 2007 8:44 AM To: Ezra Louthis Cc: info@scaplanning.com Subject: LaRose Extension 17 July 2007 Ezra Louthis Community Development Pitkin County Re: LaRose Extensin of Vested Rights (Case P081-07; PIUD 2645-013-00-101) Dear Ezra On 17 July 2007, at it regular monthly meeting, the Board of Directors of the Snowmass Capitol Creek Caucus voted unanimously to support the La Rose application for extension of vested rights. Michael Kinsley President Board of Directors Snowmass / Capitol Creek Caucus Box 507 Snowmass CO 81654 1 Ezra Louthis From: Michael Kinsley [mkinsley@rmi.org] Sent: Friday, July 27, 2007 1:05 PM To: Ezra Louthis Subject: Re: LaRose Extension Thanks. As I said, we didn't focus on design. More important I'm confident in saying the J Howard's thoughts on this would be consistent with our Master Plan and with the views of the vase majority of our board. On 7/27/07 9:33 AM, "Ezra Louthis" <ezral@co.pitkin.co.us> wrote: > Michael, > Pages 13 and 18 of this document show that the design of the house > will be of a modern design, with a bank of windows facing south into > snow/cap valleys. While the height restriction for the residence is > to remain the same, with some vegetational screening and below grade > space, I do believe that the interior lights will be more visible at > night with this type of design. We are for the extension in order to > achieve the open space donation, and to reduce the process for the > Applicant, however, we would like to see further visual impact studies > and potential visual impact mitigation. John Howard echoed my > thoughts. I just wanted to make sure that you all were informed. > Ezra > http://www.aspenpitkin.com/pdfs/depts/7/P081 07_app.pdf > _ > -----Original Message----- > From: Michael Kinsley [mailto:mkinsley@rmi.org] > Sent: Friday, July 27, 2007 8:31 AM > To: Ezra Louthis > Subject: Re: LaRose Extension > Ezra > Thanks for the note. > Short answer, No. We didn't talk about that or know it. We thought the > only question was permit extension. > That said, house drawings were included in the packet and, on their > face, appeared relatively low profile. However, since visibility was > our original issue, we'd be interested if your professional eye > interpreted the drawings differently. > Michael > On 7/26/07 11:10 AM, "Ezra Louthis" <ezral@co.pitkin.co.us> wrote: » Thanks Michael. Just out of curiosity, did you all know that the > house » design is changed in the request for this house? -----Original Message----- » From: Michael Kinsley [mailto:mkinsley@rmi.org] » Sent: Tuesday, July 17, 2007 8:44 AM » To: Ezra Louthis » Cc: info@scaplanning.com 1 » Subject: LaRose Extension » 17 July 2007 » Ezra Louthis » Community Development » Pitkin County » Re: LaRose Extensin of Vested Rights » (Case P081-07; PIUD 2645-013-00-101) » Dear Ezra » On 17 July 2007, at it regular monthly meeting, the Board of » Directors of the Snowmass Capitol Creek Caucus voted unanimously to » support the La Rose application for extension of vested rights. » Michael Kinsley » President » Board of Directors » Snowmass / Capitol Creek Caucus » Box 507 » Snowmass CO 81654 2 ~~~ ~ CpiVIMUDTITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 pitkin County Laad Use: 172 Board of Adjustment 159 County Land Use Code 174 Flat Fee 162 Zoning and Sign 169 Public Notice+ 160 Planning Enforcement 175 Hearing Officer Referral Fees: 210 Airport LUCO1 County Clerk 211 County Engineer 194 Environmental Health 208 Historic lgg 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 Housing Impact Fee B 12 02 Road Impact Fee B1203 School Impact Fee TOTAL ~;,~ .t ... ,. . h `~ . ~~> <<~ _ ~~ ~ '- .. t f, { ~ ~ NAME: ».kf4'~ °. `,~ ~"°'~:°.....a... _' ~~ ~... ADDRESS/PROJECT: PHONE: •~ °~ CHECK#_ :' +~ ~ ~ CASE/PERMIT#:. ~'l DATE: ~ d~ ~ ~~ INITIAL:~~ °' t