HomeMy WebLinkAboutpitkin.planning.264306401009 (2006)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
Page 1 of 1
Suzanne Wolff
From: Neiley & Alder, Attorneys [aspenlaw@sopris.net]
Sent: Wednesday, August 29, 2007 11:23 AM
To: Suzanne Wolff
Subject: RE: GMQS application
Suzanne,
Yes. Please consider the GMSQ application withdrawn. Can I get a refund on my application fees?
I still plan to submit an application for a constrained lot TDR for the property and then transfer title to the County.
One of these days this project will get to the top of the pile.
Rick
From: Suzanne Wolff [mailto:suzannew@co.pitkin.co.us]
Sent: Wednesday, August 29, 2007 10:45 AM
To: Neiley & Alder, Attorneys
Subject: GMQS application
Are you still planning to withdraw this application? Just trying to clear up some piles in my office...
8/29/2007
•
PITKIN COUNTY CHECK REQUISITION
(Please attach any appropriate papers)
DATE: August 29, 2007
AMOUNT: $5.692
CHARGE ACCT. No:
Flat Fee 002.02.00000.63342 $4,480
Public Notice 001.10.00000.63343 $50
County Clerk 001.10.00000.63340 $31 U
County Engineer 002.02.00000.63329 $51 ~)
Housing 002.02.00000.63346 $333
PAYMENT MADE TO: Richard Neiley Jr.
201 North Mill Street, Suite #102
Aspen, CO 81611
REASON: Case # P213-06: Neiley Maior Plat AmendmE~nt, Maior
Amendment to a Development Permit and GMQS Exemt~tion; Application
withdrawn.
DEPT. HEAD APPROVAL:
~v1,c,~Q,,,y~Q Fc11~/~~
(PLEASE SIGN AND DATE)
2143-oc~~-c~1-oc~
PTI'KIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX (970) 920-5439
September 25, 2006
Rick Neiley
201 N. Mill St., Suite 102
Aspen, CO 81611
Re: Neiley Major Plat Amendment, Major Amendment to Development Permit, GMQS Competition,
and Activity Envelope Review (Case# P213-06)
Dear Rick,
The Community Development Department has completed its preliminary review of the captioned application. We have
determined that this application is incomplete. The application will not proceed until the following items are submitted:
• Since the 1041 site plan that was recently recorded did not establish a vested right, the proposed development is subject
to the Activity Envelope provisions of the 2006 Land Use Code. Please address the following Code Sections:
- 2-30-20.g3: Activity Envelope Criteria for Approval. Submit a 24" by 36" Activity Envelope Plan as designated
in Section 2.1.1 of the Prtkm County Land Use Apphcat.on Manual
- 7-10-50: Activity Envelope
- 7-20-10: Site Preparation and Grading
- 7-20-20: Steep and Potentially Unstable Slopes. Address any development (driveway, septic system, or residence)
on slopes > 15%.
- 7-20-30: Water Courses and Drainage
- 7-20-60: Wildfire Hazard Areas. Mapped low hazard; applicant should consult with aCounty-certified wildfire
expert (list attached) on appropriate wildfire mitigation measures.
- 7-20-70: Wildlife Habitat Areas. Adjacent to mapped mule deer winter range, critical habitat and severe winter
range; and adjacent to mapped elk winter range and critical habitat.
- 7-20-80: River and Stream Corridors and Wetlands
I have assumed that you would choose to define the Activity Envelope separate from approval of a Site Plan. Please be
aware that the following additional provisions will apply at Site Plan Review: 7-20-120(d & e): Standards for Scenic
View Protection Areas & Rural Character Guidelines for Building Location; 7-20-130: Landscaping and Vegetation
Protection; 7-20-140: Lighting; 7-30: Roads, Driveways and Parking; 7-40: Trails; 7-50: Public Services and Utilities.
The fee you submitted was not based on our current fee schedule. The new planning flat fee would be $6,468, which is
based on 28 hours of staff time (Growth Management competition = $4,158; Activity Envelope = $2,310; Plat
Amendment fee + $1,617 -waived). Additional time will be charged at a rate of $231/hour. Therefore, please submit
an additional $1,988.
If you have any questions, please call me at 920-5093. Thank you.
Sincerely,
Suzanne Wolff
Senior Planner
APPLICATION FOR MAJOR AMENDMENT TO
DEVELOPMENT PERMIT, MAJOR PLAT AMENDMENT,
AND FOR GMQS ALLOTMENT FOR A SINGLE FAMILY
RESIDENCE ON AN EXISTING SUBDIVISION LOT
Property Owner:
Richard Y. Neiley, Jr.
Neiley & Alder
201 North Mill Street, Suite 102
Aspen, CO 81611
(970) 925-9393
Property:
Parcel D
ASPEN VILLAGE RIVER HOMES
SUBDIVISION PUD,
As depicted on the Neiley Site Plan
and 1041 Hazard Review Map
recorded in Book 78 at Page 76 of
the records of Pitkin County,
Colorado
APPLICATION FOR MAJOR AMENDMENT TO DEVELOPMENT PERMIT,
MAJOR PLAT AMENDMENT AND FOR GMQS ALLOTMENT FOR A SINGLE
FAMILY RESIDENCE ON AN EXISTING SUBDIVISION LOT
I. GENENRAL APPLICATION INFORMATION
1.1 Applicant's Information. Richard Y. Neiley, Jr., Neiley & Alder, 201 North
Mill Street, Suite 102, Aspen, Colorado 81611, (970) 925-9393.
1.2 Parcel Description and Vicinity Map. Parcel D, Aspen Village River Homes
Subdivision PUD, as depicted on the Neiley Site Plan and 1041 Hazard Review Map recorded in
Book 78 at Page 76 of the records of Pitkin County, Colorado. A Vicinity Map is included in the
1041 Plat appended as Exhibit 6.
The property has a street address of 0253 Gerbaz Way, Woody Creek, Colorado
81656.
1.3 Demonstration of Leal Creation and Disclosure and Proof of Ownership.
The subject property, hereinafter referred to as "Parcel D," was originally created as part of a
Board of County Commissioners approved subdivision known as Aspen Village River Homes as
depicted on the Plat recorded on July 19, 19$4 in Book_ 16 at Page 34. Parcel D was originally
comprised of 10.135 acres of land.
Parcel D is identified on the Subdivision Plat as a private "Open Space Parcel."
Under the Resolution granting final subdivision approval for Aspen Village River Homes, a copy
of which is appended hereto as Exhibit 5, Open Space Parcels:
... shall be used for open space, agricultural and recreational
purposes only and shall be preserved and maintained at all times as
near as may be in their natural state and no above ground
improvements, including residential structures, shall be permitted
thereon, except fencing and necessary crossings by access
driveways, bridges, paths or trails, barns, corrals and similar
improvements, as may be permitted by the applicable zoning laws;
provided, however, that domestic water and sewage facilities and
irrigation water facilities maybe constructed within said parcels.
Parcel D was subsequently reduced to its present size of 0.945 acres with the
approval of Pitkin County as reflected on the Minor Plat Amendment and Lot Line Adjustment
Plat for Parcels D and E, Aspen Village River Homes recorded on February 4, 1999 in Plat Book
48 at Page 52, a copy of which is appended hereto as Exhibit 7.
The purpose of the reduction in size of Parcel D was to facilitate the gifting of
Parcels E and F and all of Parcel D with the exception of the 0.945 acre parcel owned by
Applicant to Pitkin County as public open space.
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On April 13, 2006, the Applicant recorded his Site Plan and 1041 Hazard Review
Map in Plat Book 78 at Page 76 (Exhibit 6). That Plat depicts the parcel as 0.945 acres in size.
The Applicant is the owner of the subject real property. Copies of the Warranty
Deed by which the Applicant took ownership and the most recent Real Estate Tax Statement
from the Pitkin County Treasurer are appended hereto as proof of ownership as Exhibits 1 and 2.
All easements and other matters with respect to the subject parcel are depicted on
the Neiley Site Plan and 1041 Hazard Review Map appended hereto.
1.4 Leal Access. As demonstrated by the original Subdivision Plat and the
Neiley Site Plan and 1041 Hazard Review Map, the subject property has legal access off of
Gerbaz Way, a county road.
1.5 Standards Report. This Application sets forth below sufficient information
to demonstrate that the land use approvals requested herein comply with all applicable,
substantive review standards.
1.6 Pre-Application Conference Summarv Sheet. A copy of the Pre-Application
Conference Summary Sheet is appended to the cover letter submitting this Application to the
Pitkin County Community Development Department.
1.7 Site Utilization Maps. All site utilization maps required by the Land Use
Code are appended hereto.
1.8 Copies of Application. As required by the Pre-Application Conference
Summary Sheet, eighteen (18) copies of this Application are submitted herewith.
II. SUMMARY OF REQUEST FOR LAND USE APPROVALS
In this Application, the Applicant seeks to obtain an amendment to the Aspen
Village River Homes Subdivision Plat (appended hereto as Exhibit 8) and Development
Approvals (appended hereto as Exhibit 5) to convert the 0.945 acre Parcel D from a private Open
Space Parcel to a private residential lot. Applicant requests a GMQS allotment for the rural area
for residential improvements totaling 4,300 square feet of Floor Area Ratio. Applicant proposes
to construct asingle-family residence on his property.
The Community Development Department has advised Applicant that this
Application involves a major amendment to a development permit, a major plat amendment,
1041 Hazard Review and GMQS review.
Subsequent to the pre-application conference, Applicant obtained 1041 Hazard
Review for the subject parcel for a barn. All of the same 1041 considerations attendant to
approval of a residential building site were reviewed and considered as part of the approval of
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Applicant's 1041 Hazard Review Plat. Applicant does not propose any changes to that Plat that
would require additional hazard review.
As noted above private Open Space Parcels within Aspen Village River Homes
may be used for recreational facilities and barns. The Applicant has pending a building permit
application for a barn on the property of approximately 2,1.00 square feet. Applicant proposes to
construct asingle-family residence on the property instead of the barn.
III. HISTORY OF LAND USE APPROVALS -CONVERSION OF PRIVATE OPEN SPACE
TO RESIDENTIAL USE
Because a request to convert private open space to residential use is unique in
Pitkin County, the Applicant believes that a history of the land use approvals in Aspen Village
River Homes and a review of the gifting of private Open Space Parcels E and F to the Pitkin
County Open Space and Trails program are necessary.
As noted above, the Aspen Village River Homes Subdivision PUD was approved
by the County in July of 1984. The original subdivision plat laid out six residential building sites
and seven open space parcels. The subdivision was laid out on approximately 141.6 acres of
land on both sides of the Roaring Fork River at the east end of Snowmass Canyon.
The open space parcels were reserved for private use and development in
accordance with the subdivision approvals and did not provide for public access, except within
the Roaring Fork River. The Subdivision Plat provides for an in-river fishing easement for the
length of the Roaring Fork River within the subdivision and extends that easement to 10 feet
above the high water mark on residential Lots 1, 2 and 3.
In 1988, the entire subdivision, including the six residential lots and six of the
seven open space parcels, was purchased by Ronald and Janice Koch. The Kochs subsequently
sold all of the residential lots and some of the open space parcels to third parties. The Kochs
retained ownership of Open Space Parcels D, E and F. The Applicant was the Kochs' legal
counsel in connection with the acquisition of the subdivision, certain amendments to the
subdivision approvals, including 1041 approvals for the residential sites, and the sale of the
residential lots and open space parcels.
The subdivision was initially required to provide five "PMH housing units" as
part of the subdivision approvals. That obligation was eliminated in 1996 in conjunction with
the subdivision of the Aspen Village Mobile Home Park into 150 mobile home lots and approval
of a free market building site at the top of Watson Divide on land owned by Aspen Village, Inc.
The purpose of the subdivision and lot approval was to reduce further development of the mobile
home park and preserve the bulk of the Watson Divide property in its natural and agricultural
state. The approvals granted by the County are reflected in Resolutions 96-142 and 96-143.
The Applicant served on the Pitkin County Open Space & Trails Board and, in
1996, convinced the Kochs to make a charitable donation to the Open Space program of Open
Space Parcels E and F. Those parcels are comprised of approximately 32.57 acres of land which
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include substantial frontage on the Roaring Fork River. Pitkin County accepted the gift from the
Kochs under Resolution No. 96-78.
In 1997, the Applicant proposed that the Kochs donate to the County all of Parcel
D, with exception of approximately 0.945 acres of land. The Applicant proposed to purchase the
0.945 acres of land from the Kochs as a possible future home site. Pitkin County approved the
acceptance of the gift of approximately 4.28 acres of Parcel D from the Kochs as reflected in
Ordinance No. 98-12 recorded in the real estate records as Reception No. 414806.
To facilitate the gifting of 4.28 acres of Parcel D to the County, Applicant
processed an Application fora Minor Plat Amendment and Lot Line Adjustment for Parcels D
and E, Aspen Village River Homes which was approved and resulted in the recordation of a Plat
on February 4, 1999, in Plat Book 48 at Page 52. That Plat added the 4.28 acres of land removed
from Parcel D to Parcel E, which was already owned by Pitkin County as a consequence of the
Kochs' 1996 gift.
Thereafter, the Applicant purchased the remaining 0.945 acres of Parcel D from
the Kochs.
The consequence of the gifts from the Kochs to Pitkin County, facilitated by the
Applicant, was that the Open Space & Trails program acquired approximately 37 acres of open
space along the Roaring Fork River downstream from the Lower Woody Creek Bridge. This
acreage was, thus, converted from private property upon which fencing, barns and other
improvements could be constructed to passive open space available for public use. The property
includes approximately '/2 mile of river frontage on both sides of the Roaring Fork River,
traverses both sides of the Rio Grand Trail, provides habitat for wildlife and is a valuable asset to
the County's Open Space & Trails program.
It is because of the Applicant's efforts to successfully convert over 37 acres of
private open space to public open space that he believes that conversion of the remaining 0.945
acres of Parcel D from barn site to home site is appropriate. This, coupled with the 1996
preservation of hundreds of acres of open space on the Aspen Village, Inc. property with the
attendant reduction in overall residential development within the subdivision, has significantly
enhanced wildlife habitat, the public's access to the Roaring Fork River and the promotion of
many of the goals set forth in the County's 1987 Downvalley Comprehensive Plan.
Parcel D is by no means pristine, natural open space. Although it includes
approximately 300 feet of river frontage on the Roaring Fork River which remains substantially
in its natural state, the bulk of the Parcel is a flat area without significant vegetation adjacent to
the Rio Grand Trail and the parking area off of Gerbaz Way used regularly by the public to
access the fishing easements within the subdivision. Photographs of the property are appended
hereto as Exhibits 3 and 4.
As discussed in the GMQS Allotment section of this Application, there is
currently no access across Applicant's property for the public to reach the Roaring Fork River.
The parking lot along Gerbaz Way is located within "a right-of--way for roadway purposes"
4
depicted on the Subdivision Plat. However, the trail to the river from that parking lot traverses
Applicant's property. As part of this Application, the Applicant proposes to grant a 15 foot
pedestrian river access easement in the present location of that trail.
In addition, the building envelope established in connection with the Applicant's
1041 Hazard Review is located 20 feet from the Roaring Fork River. As part of this Application,
the Applicant proposes to expand the river setback to a minimum of 40 feet. Applicant also
proposes to restore the riparian habitat in the Roaring Fork River by removing pieces of
discarded concrete and an old car body in the river on the property
Finally, although the Parcel is identified on the Subdivision Plat as an "Open
Space Parcel," the reality is that the property may be developed with a barn and may be fenced
for private use. As such, it provides neither the visual characteristics of public open space nor an
opportunity for public use. Thus, a conversion of the use from a barn site to a home site has no
appreciable negative impacts on the public. To the contrary, Applicant's proposal to grant a
river access easement, to increase the river setbacks and to improve the riparian habitat
constitutes substantial public benefits that would be realized by approval of this Application.
IV. MAJOR PLAT AMENDMENT/MAJOR AMENDMENT TO DEVELOPMENT
APPROVALS
A. Maior Amendment to Development Permit.
Under § 2-20-150(e)(2), a major amendment to a development permit must be
processed through the same review as the original development approvals. In this case, the
review process will be under the Land Use Code provisions related to subdivisions/1'UD's
contained in Land Use Code, at §§ 20-40-50, et seq.
The review process is a two-step review with a recommendation from the
Planning & Zoning Commission and a final decision by the Board of County Commissioners.
In this Application, Applicant seeks the conversion of an existing non-residential
lot to residential use. The applicable review criteria under § 20-40-50(i) are as follows:
1. The Application must comply with all applicable provisions of the Land Use
Code.
Parcel D is apre-existing, approved subdivision lot. It is located within the AR
Zone District which allows single family residences on parcels of 10 acres or more. Because this
parcel is part of a Planned Unit Development, the density of the subdivision is based upon the
overall acreage. In this instance, the subdivision is comprised of approximately 141 acres. The
maximum density for the subdivision is, therefore, fourteen home sites. The subdivision
currently has six approved home sites. The addition of one home site will not result in any non-
conformity under the Land Use Code.
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Parcel D complies with all dimensional requirements for the Zone District. The
Applicant does not propose any variances from dimensional requirements or permitted uses.
§ 1-60.
2. The Application must comply with all applicable land use policies listed in
The land use policies set forth in § 1-60 applicable to the property are as follows:
(a) Conformance with Comprehensive Plan -The Comprehensive Plan
applicable to the subject property is the Downvalley Comprehensive Plan adopted in January of
1987. This Application conforms with the goals of that plan.
Goal 1 seeks to maintain development patterns which preserve rural character and a high
quality environment creating a desirable place to live and work. Allowing a conversion
of the barn site to a residential home site will promote this goal by providing a quality
residential site adjacent to existing development, on developed roads, close to mass
transportation.
• Goa12 seeks to preserve open space and the rural character of the downvalley area. The
proposed development utilizes only a small portion of the subject lot with development
occurring in an area previously approved.
• Goal 3 seeks to preserve environmentally sensitive areas and the quality of soil, air and
water sheds. Approval of the proposed development will result in restoration of Roaring
Fork River habitat, an increase in the existing approved setbacks for development on the
site, and the granting of a public access easement to the Roaring Fork River.
• Goal 4 seeks to protect wildlife and wildlife habitat. The proposed development is not
located within any mapped or known wildlife habitat. Granting the development
proposal will increase the setbacks from the riparian area.
• Goal 5 seeks to preserve and enhance the scenic quality of the downvalley area.
Approval of the proposed development will not conflict with this goal since the property
can currently be developed with a 5,750 square foot barn within 20 feet of the Roaring
Fork River. The proposed development will increase the river setback and reduce the
overall size of development.
• Goals 6, 7, 8 and 9 related to public lands, ski area development, public services, and
regional planning are inapplicable.
(b) Community Balance -Approval of the proposed development will
promote community balance by permitting a relatively small residential unit in a previously
developed area close to public services.
(c) Growth Management -The Applicant seeks a GMQS Allotment,
thereby complying with the policies of the County related to growth management.
6
(d) Land Use Patterns -The proposed development is consistent with
existing land use patterns in the area as it is within an approved subdivision and adjacent to
residential development.
(e) Rural Development, Recreation, Trails and Open Space -The
proposed development is consistent with the County's objective of clustering rural development
and minimizing sprawl. In addition, the proposed development enhances the County's objective
of having rural development contribute to Open Space & Trails and recreational opportunities.
(f) Compatibility with Existing Neighborhoods - The proposed
development is within an existing subdivision which is consistent and compatible with
surrounding land use patterns.
(g) Compatibility with Public Land - The modest residential
development proposed for the subject property will not be detrimental to surrounding public
land. The property is bordered by public land, the Rio Grand Trail and a public fishing easement
in the Roaring Fork River. However, development on the property is limited to an area
immediately accessible by a county secondary road and will not conflict with any public land
uses.
3. The Application must comply with all prior development approvals.
The proposed amendment to the development approvals does not conflict with
any prior approval. The Applicant's lot will continue to be subject to all of the covenants and
conditions imposed by Pitkin County in connection with prior land use approvals.
zone district.
4. The proposed subdivision is consistent with and implements the intent of the
Section 3-40-100(a) of the Land Use Code recognizes that the majority of land
within the AR-10 Zone District will be used for residential uses. The intent of the zone district
encourages development at the edges of valleys or wooded areas to minimize visual disruption of
natural land forms. Applicant's development proposal would place the home adjacent to existing
development, along a public road, preserving the bulk of the lot as undeveloped open space.
5. The general lay out of lots, roads and other facilities within the subdivision is
designed to minimize the amount of land disturbances and maximize open space and protection
of riparian areas and critical wildlife habitat.
The lay out of lots, roads and other facilities has already been approved by the
County. The proposed development will be consistent with the prior approvals. It will require
no new roads. All utilities will be installed underground, and landscaping will be placed
between the development site and the county road. The setback from the river will be increased,
enhancing protection of the riparian zone.
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6. The proposed subdivision will not result in significant adverse impacts on the
natural environment.
The development of asingle-family residence on the subject property will have no
greater impact on the natural environment than a barn. Approval of residential development will
reduce the overall square footage approved for the site from the existing 5,750 square feet to
4,300 square feet, a reduction of 25%. In addition, the Applicant proposes to remove discarded
slabs of concrete and an old car chassis currently located in the Roaring Fork River on the
property.
7. The proposed subdivision will not result in significant adverse impacts on
adjacent properties.
The addition of a single family residence on the lot will be consistent with
surrounding development and will not adversely affect any property.
B. Subdivision Exemn_ tion for Ma_ior Plat Amendment Pursuant to &_ 2-30-40 of the
Pitkin Countv Land Use Code.
Applicant seeks a major plat amendment to the approved Subdivision Plat for
Aspen Village River Homes to reclassify Parcel D from an "Open Space Parcel" to residential
Lot 7.
Under Land Use Code § 20-30-40(i), a major plat amendment may be permitted
subject to compliance with the following:
1. Amendments shall be consistent and compatible with the surrounding
neighborhood.
As noted above, the surrounding neighborhood is comprised of single-family
residences. The proposed development will be consistent and compatible with the neighborhood.
2. Additional community impacts resulting from the amendment shall be
completely mitigated.
Conversion of the use of the property from a barn to asingle-family residence
would have minimal community impacts. Applicant proposes to mitigate any identifiable
impacts by the granting of public access to the Roaring Fork River and enlargement of the
setback from the river.
3. The amendment must comply with the standards of the Land Use Code.
As discussed above, the amendment requested herein is in complete compliance
with the standards of the Land Use Code.
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4. The major plat amendment may not be utilized to increase the number of lots
on a Plat.
The Plat amendment alone will not result in the increase in the number of lots on
the Subdivision Plat. The number of lots on the Plat is already established. Applicant merely
seeks a change of use for one of the platted lots. In addition, applicant seeks an amendment to
the development approvals to accommodate the change of use, which would simply be reflected
in an amendment to the Plat.
V. APPLICATION FOR GMQS ALLOTMENT
Applicant seeks a GMQS allotment for one single-family residential unit pursuant
to Land Use Code § 6-40-10. Applicant's property is located in the rural area of Pitkin County.
Applicant seeks an allotment of 4,300 square feet of residential FAR of the 25,000 square feet
available.
As demonstrated above, Applicant's property is a legally created parcel without a
residential development right and is, thus, appropriate for a GMQS allotment. Furthermore, as
demonstrated above, the development proposed by the Applicant complies with all requirements
of the Pitkin County Land Use Code. Specifically, the residential use proposed is an allowed use
in the Zone District. Because the subdivision in which the Applicant's property is located is a
PUD, the Applicant is deemed to have a conforming size lot. The subject property has already
received 1041 Hazard Review approval and an appropriate building site has been established.
The purpose of the allotment requested herein is to allow the conversion of the
existing private open space barn parcel to residential use.
follows:
The Applicant addresses the GMQS standards for residential allotments as
A. Impacts on Public and Private Facilities -Possible Points: 6.
1. Fire Protection. The fire protection district facilities are located less than 1
mile from the subject property. The property is along the Roaring Fork River providing a
constant source of water for fire protection. The Applicant has already had his access permit
reviewed by the fire district and has agreed to create a 16 foot access drive into the property.
The building site is level and has a minimum turning radius of 30 feet, which is adequate for
most fire vehicles. No additional facilities are necessary as a result of the proposed
development.
Proposed points - 2
2. Road Svstem. The existing county secondary road Gerbaz Way provides
adequate access to the lot without the need for modifications or improvements. Access on the
public roads complies with the County's adopted standards.
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Proposed points - 2
3. Transit and Trail Svstems. The development site is located within
approximately '/2 mile of the RFTA bus stop at Aspen Village. The Woody Creek shuttle comes
to within approximately %2 mile of the site on Lower River Road.
A single-family residence will not implicate any need for expansion of the public
transit system.
The development site is traversed by the Rio Grand Trail, providing both
commuter and recreational access.
Proposed points - 2
B. Effect on Environment -Possible Points: 8.
1. Water Resources. Approval of the proposed development will increase by
more than 50% the minimum stream setback and riparian buffer zone mandated by the Land Use
Code.
There is no present irrigation of the property. Applicant proposes a domestic
water well augmented by a contract from the Basalt Water Conservancy District.
Proposed points - 4
2. Wildlife Habitat Protection. The proposed development will contribute to the
protection of wildlife and wildlife habitat by improving riparian habitat and increasing the river
setback beyond that mandated by the Land Use Code.
There are no known or mapped wildlife habitats impacting the subject property.
Proposed Points - 4
C. Achievement of Community Goals -Possible Points: 16
1. Oben Snace Preservation. The proposed development will utilize a previously
existing building site which will be reduced in size to allow for greater setbacks from the
Roaring Fork River.
The Applicant proposes to provide a 15 foot pedestrian river access easement for
public access to the in-river easement in the Roaring Fork River.
The building envelope on the property is immediately adjacent to Gerbaz Way.
All open space values on the property will be preserved.
Proposed points - 4
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2. Hazard Mitigation and Avoidance. Development on the site fully complies
with all of the County's mitigation standards for flood plain, geologic and wildfire hazards. No
development will occur on slopes in excess of 30%.
Proposed points - 2
3. Development Below Allowable Density. Under the Zone District
Regulations, Aspen Village River Homes has sufficient acreage for fourteen residential units.
The addition of one unit to the existing six will result in a density of not more than 50% of that
allowed in the underlying zone district. The Applicant will place a covenant on his property to
the effect that it may never be used for increase of density in the Aspen Village River Homes
Subdivision.
Proposed points - 4
4. Reduction of Visible Mass. The Applicant will voluntarily limited the floor
area for all improvements on the property to 4,300 square feet, not more than 75% of that
available. At least 20% of the floor area will be built subgrade. All proposed structures will be
at least 15% below the maximum allowable height.
Proposed points - 3
D. Applicant's Summary of GMOS Scoring. Applicant requests GMQS scoring of 27
points and the issuance of a GMQS Allotment for one single-family residence of 4,300 square
feet on Parcel D, Aspen Village River Homes.
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SCHEDULE OF ATTACHMENTS
Exhibit 1 -Special Warranty Deed
Exhibit 2 - Pitkin County Tax Statement
Exhibit 3 -Aerial View of Property
Exhibit 4 -Photographs of Building Envelope
Exhibit 5 -Board of County Commissioners Resolution No. 84-55 approving subdivision
Exhibit 6 - 1041 Plat
Exhibit 7 -Amended Plat
Exhibit 8 -Original Plat
`-
Exhibit 1
SPECIAL WARRANTY DEED
SILVIq DAMS PITKIN COUNTY CO R 11 .00 9~13D2Z 86 3:56F ~Z~
SPECIAL WARRANTY DEED
NEILEY FAMILY TRUST, whose address is c/o Neiley & Alder, 201 North Mill
Street, Suite 102, Aspen, Colorado 81611, Grantor, for Ten Dollars ($10.00) and other good and
valuable consideration, in hand paid, hereby sells and conveys to RICHARD Y. NEILEY, JR., whose
address is c/o Neiley & Alder, 201 North Mill Street, Suite 102, Aspen, Colorado 81611, the
following real property in the County of Pitkin and State of Colorado, to-wit:
PARCEL "D" as shown on the Minor Plat Amendment and Lot Line
Adjustment Plat for Parcels "D" and "E,"ASPEN VILLAGE RIVER
HOMES, according to the Plat thereof recorded February 4, 1999, in
Plat Book 48 at Pages 52 and 53, as Reception No. 427366,
Pitkin County,
Colorado,
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders,
rents, issues and profits thereof; and all the estate, right, title interest, claims and demands
whatsoever of the Grantor, either in law or in equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances;
TO HAVE. AND TO HOLD the same premises above bargained and described with
the appurtenances, unto the Grantee, his successors, heirs and assigns forever. The Grantor for itself,
its heirs and personal representatives or successors, does covenant and agree that it shall and will
WARRANT AND FOREVER DEFEND the. above-bargained premises in the quiet and peaceable
possession of the Grantee, his successors, heirs and assigns, against all and every person or persons
claiming the whole or any part thereof, by, through or under the Grantor, and further subject to:
taxes not yet due and payable for the year of closing; any tax, special assessment, charge or lien
imposed for water or sewer service, or for any other special taxing district; right of the proprietor of
a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or
intersect the premises hereby granted, as reserved in United States Patent recorded March 13, 1923,
in Book 55 at Page 267 as Reception No. 62055; undivided one-half interest in all oil, gas and other
mineral rights, as reserved by H.F. Gerbaz a/k/a Harvey F. Gerbaz and Eva Gerbaz a/k/a Eva F.
Gerbaz in Deed to Aspen Village, Inc. recorded June 1, 1979 in Book 369 at Page 911 as Reception
No. 214999 and any and all assignments thereof or interests therein; undivided one-half interest in
all oil and other mineral rights, as reserved by Auzel H. Gerbaz a/k/a Auzel Gerbaz, Orest A. Gerbaz,
Helen H. Gerbaz, Cherie Oates f/k/a Cherie Gerbaz and James Gerbaz in Deed to Aspen Village, Inc.
recorded June 1, 1979 in Book 369 at Page 905 as Reception No. 214998 and any and all
assignments thereof or interests therein; terms, conditions, obligations and provisions of Resolution
No. 84-55 issued by the Board of County Commissioners recorded July 19, 1984, in Book 470 at
Page 144 as Reception No. 261139; terms, conditions, obligations and provisions of Aspen Village
River Homes Subdivision Improvements Agreement recorded July 19,1984 in Book 470 at Page 163
as Reception No. 261140; restrictions, which do not contain a forfeiture or reverter clause, but
omitting restrictions, if any, based on race, color, religion or national origin, as contained in
instrument recorded July 19, 1984 in Book 470 at Page 216 as Reception No. 261144; terms,
conditions, obligations, provisions and reservations of Escrow Agreement recorded July 19, 1984
~.'
~~'~ ~'~ ~
Page: 2 of 2
09/13/2004 03:56F
SILVIA DAMS PITKIN COUNTY CO R 11.00 D 2.80
in Book 470 at Page 316 as Reception No. 261187, Amendment recorded July 21,1988 in Book 569
at Page 158 as Reception No. 302244; easements and rights-of--way as shown and described on
Aspen Village River Homes recorded July 19, 1984 in Plat Book 16 at Page 34 at Reception No.
261142; Findings and Order concerning the inclusion of lands in the Basalt Water Conservancy
District, by the District Court of Garfield County, recorded August 20, 1992, in Book 686 at Page
676 as Reception No. 347928; terms, conditions, provisions, obligations and all matters as set forth
in Resolution of the Board of County Commissioners recorded July 5,1994 in Book 754 at Page 800
as Resolution No. 94-111; terms, conditions, provisions, obligations and all matters as set forth in
Resolution of the Board of County Commissioners recorded November 15, 1994 in Book 767 at
Page 183 as Resolution No. 94-203; and terms, conditions, provisions, obligations and all matters
as set forth in Ordinance No. 97-12, Series of 1998 by Board of County Commissioners recorded
March 24, 1998 as Reception No. 414806 and as re-recorded as Ordinance No. 98-12, Series of
1998, July 2, 1998 as Reception No. 418937.
SIGNED this ~ day of September,
Y TRUST
By
Y. Neiley, Jr., Trustee
By _
John F~ Neiley, ~iistee ~-
STATE OF COLORADO )
ss.
COUNTY OF PTT ~~~I )
The foregoing Special Warranty Deed was acknowledged and signed before me this
~.~ `~ day of September, 2004, by Richard Y. Neiley, Jr. and John F. Neiley, as Trustees of the
NEILEY FAMII.Y TRUST.
WITNESS my hand and official eal.
My commission expires: ~~ / ~~~=~C~L' c~
., .
,, ,
. ~: ~'c~
ANN G.
9r'~••~....... o~P
\'~~ OF COt~
Notary Public /
2
M
Exhibit 2
PITKIN COUNTY TAX STATEMENT
.-
Report Date: 09/01/2006 09:26AM
PITHIN COUNTY TREASURER
STATEMENT OF TAXES DUE
Page: 1
SCHEDULE NO: R013295
ASSESSED TO:
NEILEY RICHARD Y JR
C/O NEILEY & ALDER
201 N MILL #102
ASPEN, CO 51611
LEGAL DESCRIPTION:
SUB:ASPEN VILLAGE RIVER HOMES LOT:D DESC: AKA PARCEL D ONLY A SMALL PORTION .945 AC
PARCEL: 264306401009 SITUS ADD: HWY 82 SNOWMASS
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2005 TAX 107.44 3.22 0.00 110.66 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 09/01/2006 0.00
ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 057 - 1-CFBW
Authority Mill Levy Amount Values Actual Assessed
PITKIN COUNTY 3.123* 12.86 VACANT LAND 14,200 4,]20
OPEN SPACE & TRAILS 3.764 15.51 ___ ________________ _________________
ASPEN FIRE PROTECTION 0.878 3.62 TOTAL 14,200 4,120
ASPEN SCHOOL DISTRICT 10.458 43.08
COLORADO MTN COLLEGE 3.997 16.47
COLORADO RIVER WATER CONS 0.230* 0.95
BASALT WATER CONSERVANCY 0.068 0.28
ASPEN VALLEY HOSPITAL 1.500 6.18
ASPEN AMBULANCE DISTRICT 0.221 * 0.91
PITKIN COUNTY LIBRARY 1.357* 5.59
HUMAN SVC & OTHER GRANTS 0.484* 1.99
TAXES FOR 2005 26.080* 107.44
* Credit Levy
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR'I'O REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES -SEPTEMBER 1,
REAL PROPERTY -SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
506 E. Main St. -Ste 20]
Aspen, Co 81611
(970)920-5170
1
Exhibit 3
AERIAL VIEW OF PROPERTY
Exhibit 4
PHOTOGRAPHS OF BUILDING ENVELOPE
.~.
_ ~~ -~ `d~
~~' ~~ ~
PHOTOGRAPHS OF EXISTING, APPROVED BUILDING ENVELOPE
Exhibit 5
BOARD OF COUNTY COMMISSIONERS
RESOLUTION N0.84-55 APPROVING SUBDIVISION
~~.-.~~ _ .. ~ - ~ 470 r~;:1 ~~ _~
'~v,,,,,~r V "~~~~ .• •. RESOLUTION OP THE BOARD Or •-o • ~~ ~ ~- '
``1`S.'~nC• ,~~''-'•.. ~~^""~~"•- '_ •;~;...CCUNTY COliNISSIONERS OF PITICIN COUtd'>`T ~' -. - '
`w;~~"~ : ~'•:< ~~ •'w~ _ ~ ~ -;~ COLORADO GRAN'fIHG FINAL SUBDIVISION JIPPROVAL - .• -~
~~ 4c ~~' 4'+w~~, r ~~.:''.:~%. t TH • ASPE?i V .RIVER HOMES ~'- =• :,d •~°-
'~' `"z,F ; '.~'~;:,• •,~ ~,; 0 E- ILLAGE SUBDIVISION. ;t°
~: :En°=•w ..~;='~_ °"'-;~`_ ~•°''~-. A PLANNED UNIT DEVELOPItEHT- ~ -
•~ -fi't'.. 1Y,r ~~' .. _ ••
_ . .
<.:'
..:
U . - .:.~:..c ..r.'
.~
~~''=~` ~~ _ ~ Resolution avo. 84-53
••t`x:~'-`~ "' - .. h1HEREAS, Aspen Village, Inc., a C^lorado corporation, being
-t~=,~~,.:°',,. the owner (`Owner') of the real property sore specifically
%'.',t'. .. .
°'--~'`••# =` described on the attached Exhibit At and
Y~~~~~' ' t~THEREAS, Owner has applied for approval to plat said property
_~-- Q : • ~ ...
,. into ~t: 5inc;le Paeatly Dwelling Lots and seven Optn Space Parcels
- ~;.,
"`t r' (Irri~nted and Hon-Irrigated) under the Haste and style of Aspen
_~.+:•.~
`~-;`~ i5(` Village Rtver Ho>Desp and -
_ tiBEREAS, after reviewing said application, the Board of County• -
Cos~sissianers has dete~tnineo to approve the same under certain-
';~~ terms and conditions, all as hereinafter specified.
- ,• -
!r°•..r~ ~ 1QOii, TtiEREPORE, BE IT RESOLVED by the Board of County Co>aeais-
s•..
'~g~• stoners of Pitkin County, Colorado, that the final plat approval is
:~~
,~ ~.:
`~•~~ hereby granted for the subdivision to be known as Aspen Village
r'x'-~ Rirer Hoses, a Planned Onlt Developrsent, according to the plat
.~~~ :,:
thereof prepared arid -sutra-tted try the Omer, artder the following •
~'~• = - terse and conditions:
_t t-.~~ ~ .. ._ •
-'~' 1. Persanent Moderate tiouaino Units. Owner agrees to
_ =_~
•,4
~_
. construct or g,tarantee the•conatractton of at least
_ - _ tvsnty-five (25} permanent txdtrata housing nnita ("PK8
_ .' Dnlts•) co~tainln7 at lsact 17,800 squsre test, !n th•
.. ~ _ :_ ::. aggrsqats. on ' :t _I+9SH Parcel ~ as ahovn ot. thR subd I v i- • , ,
•~ , ~ s ion plat for Aspen V t l lsge Cosw~rsns Subd i• is ton. Mot-
_ ,:~ rltbstandinq t15e forego f nq c;~aitsent O+mec ray trant-
~` ~ ~ ~ -:: ~.' ter title of ap to fide Single >!anaily Dwelling Lots In
_. ';-~~.slther the River~Bomes subdivisfon or Aspen Village
• :_. ~';.~ , ._.,,; Cosrons Sabdivision witiwnt constructing ar gaarart- ••
- `::.~,
•. _ ..;.teeing cvnstrnetion of the PlsH t7nits. ~- Frior' to trans-
. - •_ .. ~ ..;
• - j;_1.~. ~~:~;fsrslny~ tbs• title`to the si:tb Single aastiilr Dwelling
_ ]~ 'T' y
'~=,y<:.:?. ~ - r tabL^'JPt~un~s4F1..e+. ""`^'.^ .vwa.pN~+'~.av.--~.. ,.,...~~+-r
s- ~s ~ .
i
.~C1 '~
~:- . •- ~ - ~ 470 ~:~145 .. ;..;
~:~.},..r..
:~.~• - - w ....
'• *z:~= ; ._ Lot in either of these subdlvisiona,'Orner shall. have -~ :, .:;
-~-~x=" - ~ obtained certificates or occupancy Eor at .least. `~:•~~
""°~' }:~ - ~ eight?(8) of .the PMH Units. To ensure 'the ultieate ;'~'~"'
,'. ~
.: -y;,•
construction of these twenty-five (25} PMH Units, Owner •_~r^~;'
~~. yr- - ~~ . ; • - . ~~•
F :.'.. ~ mid-'
-•a tees to escrow w[th a title company agreeable to x-~
-~ ~"~~'' - Pitkin County a deed conveying the PMH Parcel to Pitkin ~-
.3 .~-• ~ .. `•r~x
. ~~"-•._ !• County. The deed shall be placed in escrow at the tine .=r~.r
L h. •
~ ;-~:.:;;.-~ of recording of :he Subdl•rision Plat Eor the Aspen -
.~ -.. G Village Commons Subdivision. In addition, Omer will '-
~ r escrow the sum of 53,315.00 per lot at the ttme of
'' transfer cf title to any of the flue Single ramlly
-~ O
t' C~relling Lots in either subdivision. The foregoing
~ ~ funds shall be placed in an interest bearing account
.~ ~`~' with the Interest accruing to the party utilizing such
- .!':. ~;
.7 ~ monies for the purposes provided for herein. In the M
•~ ~• ~ event Owner does not construct or cause the con~tru~-
,~ ~ tion of the PMH Units as provided herein, the escrowed
'~ _ funds, all accrued interest and the deed to the
PMH Parcel shell be delivered to Pitkin County, all in
~5 _ ~
accordance with the prov[tsiona of the Escror Agreement _,
Y
t. .. ,
-:~;` entered into simultaneously with the recording of the
1 ~ y
~S = plat for the Aspen Village Conuaons Subdivision.
y
.i ~ Before title to any of the resaining lots• ..
_.
(7 through 20) In either Subdivision Is transferred, ;'`~
two addttlcnal YKH Units for each lot ^ust have boon ••
is p:, ~ ).
- coepleted and received certificates of occupancy until ;~!';
1 ~ ~~ ~ ~'
a total of twenty-f [ve I25) PMH Units have been co+r -~-~.`y"`•
-~-- All such PMH Units shall be price restricted to
' -- the lorincose guidelines and subjtct to all other ,, `''`y.
~' restrictions and lt~itations promulgated by the Pitkin .
~+ - CovntY Heasing Authority In effect at the tls+e of ~ '
.I -
- ''=~}. ~ building perRit Issu:nee for such PR6 units. The ^ir } •. ..
,-~~- ~ }
'~ '•=-~'' -~ 9
.~ .-- .. .. -2- i ...
~~ ; ;r:= ... E
'.%~~_ ..
_~ .. ..
.:~`. -
i
..
,_ i
'. J.
~ ... .... • • ~ . .. ~ ~ • _~ ~ eoe~l 470 raK 146 : ~ . ~ _ _
•'~~ ~• ~ ~ ~'-~ •• '~'~of one, tro and three bedroom units as well as the nu~•- ~' :. j}
'•1 is ~ , -~'
,.~j'fi}~~; - bet of PISH~ Unlta which shall be rented and aol~i shall - - - #'•-~
~...~..
('"H+~~ ''-'~'`~ - _ ~ ~ •, ~ nd thc• Pitk in Count Hous- . ;'-:i:L'~
•:F,,~ f ;,,__ •De agreed upon by the Owner a y ~?""' ~'•
`~=~~%~~ =-?1- ~•,!~, ~~••~ . .•. ing Authority pr for to the Issuance of a Duiding pera(t ~ , . ~ ~f~°- -''~
_~`;~~;~~ ~- ~. .. for any PlSH Un 1 t. ... _ .. :.1 ~
~~~;:•~ ~,'~.'-•~i r 2. Park Dedica'.ion Fees. All PMH Units shall be ~a.,~a ~,.
'~`"' exempted from the Park Dedication rerulre~aents o[ '^'•~ ~"
Sect Ion 5-501.11 (h) of the Pltk to Cet;nty r.ar~rt Use Code . _ .
~_ A ('Code'). Kith respect to the residential lots, the' - `~ ~•
;;:,:r- t
Board of County Commiaslonerr eiacta, pursuant to
:~:.::~ .
"s:
:: f:. .;
't.W. .
- •-y~
~'
I
.W .
.,~!
.i
:_-•~
•f
;r
F••
' I
i
. i
_ :;
t -~
.r
~'' 1
y~,~. r
Ty , Y~
Section 5-501.11(c1 of the Cude thet a cash payn+ent in f
'
hi
h ~
~
c
awount
lieu of land cedicat(on be made by Owner w .
shall be calculated and paid pr [or to or aiuultaneoualy
with the issuance of any building parmlta.
3. Irrigation taster Rights. Owner has represented to
`
the Board that the Irrigated Open Space Parcels, as the ~
~
sane are shown on the plat Eor 7~apen Village River
pomes~,constitute all of the historically irrigated
agricultural laude within the area described in
1,
Exhibit A. Based upon said representation the Board _
finds that no i.r•rlgatlon eater rights have historically ~ ``
..
!T .,:~. r
irrigated the Lion-Irrigated Cpen Space Parcels rithin ~`'
the area desr.ri'.e~d in Exhibit A.
r~' • '
l
Owner, its aucceaaors and assigns, shall not F1xs"=~
' ~ r , 'v;
t +.; ..
adversely affect eny of the rater rights necessary to j ^.~,b;,.' .
~ ~V
•
~
~
` . i
continue the irrigation of the Irrigated Open Space ~
'
•
,
~•`
.:ti4 ; ~~
.. J
:~:
Parcels as the same are shorn on the 6obdlvision Plat
.. ,
~1x "~~b.°r
l
1
~`
~
cs
for J-spen village River Howes and as such rater rights ',
i.
,,
ik
A'-•~.
l.~t."w.ti°~
~~
~3:
: -`
~,
have been historically utilized thereon. for tie par- ,
.
'~; : ••c, •
,.
•
~ +" ~.
~ '~
poses of this provision, the tern `adversely affect' ~ ~'.~`' ~
~ `'
shall wean to cause the rrduction in tt~ savant, data- i ''
~` ~~
f
_ tlon, or quality of the supply of water evaflable to ~
~~ satisfy an esistinq rater use, or an alteration of the
~~
.-. '
- t l:.
./;
~ ~ ~ii - ' ' rte. .. .. •r..r ~s>. ....... r.4r.. _t N.~ ,ry .... _ . . ..
1
i a. ~...
-~~~~ -_- :. ~ _ . ' ... eoac . 470 X147 - , : ;,~.:
• •..
• - r:
? i
~:L
;~~`'til~, -~'= •hiatoric pattern of water availebtlity for.an~exiatlnq .. - ~)'~~;}-'YT,~
~F~~ ;~: --~~,`-_-_ _;,''~vater•"use. ~ Subject to the foregoinv restriction, Owner ., _ ~.~~ ,cs~-~•r,_
Gk-~;+=',~-»*~'•• -~i, shall°.hat•e. the -t .ht and sald.•Owner hereby~'cxpressly • _ •. _ ;~,=~ ~';`~~_ ~,_.:r±~z
"{T.nt ~~.~nx;. ::.mar=J'ar'-,-fir^.- .. .. _..., g _ - - ~. ^,~` ~ .'~''
z.; ~~"~' u`'`''~''"- - ~rQaerves such right, to convey, alienate "and/or use tor. -. _ • a.~t~~.'~
,.k.
~,,,.a~,~:-~~:>°"~ ~.~•other than irrigation purpoaL~a any voter right or pot-,. _ •::~~ %•'-=•
.~.1 ~:. ~•.:.:.. ::.- ~ i
,;~,.,=~-~ ~ .lion thereof without regard to its priority not r '
~"""''~ •- required to conttnue agricultural production of the ~_~~~,
a.:..'• ;
~-~$`~~ Irrigated Open Space Parcels. I:n the event there are -
- , any questions as to whether any water to be conveyed or ~ ~_~=~ •''~
'.~ - ..
otherwise alienated is nocessary to conttnue the lrrl-
gation o[ the Irrigated Open Space Parcels as requlrtd
:'- above, Owner shall, +.t its expense, undertake uny 6
t v.
1 ~•• ~• ( studies necessary to make a reasonable determination of
,..~;~;__ the Issue. The foregoing restriction shall be subject
~~....
i ~`:" to the terma~ conditions, provisions and obligations
~; •
)'
~ ~~ contained to the augmentation plan adjudicated under
.:. ~ ' ~•
~• ~ Caae No. 81CFI432, District Court, Water Division No. 5,
' ~ State of Colorado.
~`:.a.
Should the Owner elect to sell all oc any portion
' ~,~,':~ of the water rights not restricted against sale as pro-
. vtded in the foregoing paragraph, the Board shall have
`~ '" the right of first refusal to meet any bona fide offer
•! ' . ..
~~~•.. r._ ~ •
of sale on the same terms and conditions o[ such et[er. ;:~~
•~ }; In such Caae, Owner shall provide the Board with writ- ~r-"`
•.:~~.
•1 •= ten notice, to the attention of the County lltto-eay, of '~:~=
.. ~'~'~; :gym
_ - . w: ^
•~: the proposed sale and the terms thereof, to9cther with '~.:~:•``~'
:.~ .
' -• a copy-of the proposed sale agreeaent. The Board shall Y,;;F':~.
;A,4• ,,.
? ._~ ~" have a riod of thirt i30) da s followin recei t of ~~''
pe Y y g p ~>.:;;.
_ _ ssid notice .n which to elect in writing to purchase '+~_
~ •'~ the water rights at the save price and on the save „~;;A
- fetus and conditions of sold offer. The failurr of or
i ;~ j
- refusal by the Board to exercise the right to so par- t
j
~==• ~ ..: chase.the xater...rights proposed to be oold,rlthln said t ;=,
..: ..
.~.. ~ . .r:, . _..
_ - ~: ~
j .. •. ~ ~ ~ . .. -+-
-- *`-y~~Kitm'~3tY:~.'w .. ~"~+>~`'~ J" ,%}r', -.+ !#tk-:~S ~f•(•i~~`- r.ira. (a..~.~; .a/:..:..ttu+a -,~uc~ac:. ~~..,,,rm.~r.wn.~.- ..
~.~,_a:. - •
~ ~ 470 ~1~
•~'~:~'~ .(30)~ day period shell be
- -thirty ideemed to be a waiver ~ .__
~ .,
•
~'~`~
°.^
; -'`- _ ~ purch3ae the water rights
= ~
tixe of such right to
'-
- --
+for a? 1
~
.• ~
.. ~_ = . "
.
. .
_
.
.
.
:,
~.
"
-
~
'
^
"'~'
(";- ~' ov ded ~
''
Pr i ~
be soldT
.proposed" to~
: the_ ' : ~' - ..
that
horevec, _
~I-,., .;;~=.r _
:,:z:~;-
.;
•
~~`^' .
<. -..
,... .
..,.
ht--of first refusal
i
d'
~"
' ..
shall continue rith..
,
s r
g
~
. Boar
"~`"*~:~ •" ~~ ` .'
~~ . .'~- ''~"~'~`'~reapect to any portion of Owner's rater rights subject
"`~'`°~ -- to such right of flrat cefuaal and not pcop~ted to be
'
;.:,. - sold. Following the failure or refusal by the Board to
-exercise the right of first refusal, the Owner shall be
free to se~.l the water rights described in such offer
to aura third person in accordance with the terms and
_",~.. conditions of said offer.
The foregoing right of first cefuaal shall a:tend
• and run for the period of the life of the survivor of ~:
~ the present Board of County Commissio.ers of Pitkin ..
.._ ,~~. ; County, CoJ.orado,_plus• twenty-one .(21) years.
- 4. Open Space Parcels. Pa:.:els A through F (Irri-
•;='i a "-;.:,,
gated and Non-Irrigated Parcels) shall be used for open
~
.~~ ~ apace, agricultural and recreational purposes only and
.;y.
- ~ shall be preserved and xaintained at all tixes as near
'
; as xay be in their natural state and no abovrgcound
.~
.
- _ _
.: t:-
:' ,.~.~ -
- iisprevements, including reaidsntial structures, shall ...
. ;_
. ng
enc
be perxitted thereon, except
-~~ crossings by access drive rays, bridges, paths oc
~:~-.
_. tcaila,,barns, corrals and siailar ixprovexants, as up
be perxitted `Jl' the applicable zoning larsj Provided,
•~_:.~ horever, that daestic water and serage Facilities and
. ! FTC
~~,~"% "
ircigatlon rater facilities may be constructed rithin
' ~' said parcels. ~ T - `'
• - ~ -
- _ 1..-.:
- 5. Garaae Structures. The orners of Single Gamily .
+3 ..
•-~:~` Drellinq Lots 1,' 2 and 3 shall be pert~itted to con-
...~?~,' strnct tro-car garages oc egnivalent space on the upper
>:~'_~ , .. .:: -level of 'the sloped eabankaent providing sock stcoctuce
' - -, is located•rithin the building envebope oC each such:'.` '
Ni L~ ~ .. • ... -+~ ..
.
"
"
t`~L :..
.. _ ~ - '^6.::','":: '.' ..... .._•
ei•w+t _. •. :~•. V.C.. ..
a
~
-
and necessary
i
F
.
ww+
.+
a1~/^~...~.
.:; ~ _
-.:. .• +-
:~ -,~~ ~ .. 4~ _ ~ ~ 470 F.~:149 ~ ~ •
. _ t
. ~.. +
~
•~Ey,~~~
~~ •
•
~
~'_ Lot designated on the pla
t:• ~
The
design, placeaent and ..:- ~> ~•
-
~..~ j r~rti ~ r' color
of auch
atructurea shall be selected to minia~ize' ~
_
~ '~iy
:'y,y[•`~'!~'t:,tY~l~-?iv1:J.r-y
,
•
.
g
'-
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.
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f 7~spen/Pitkin County Planning Office .. ~r
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.~ ''TY`~-*~ ' •=~•''•~?i``~=,~!'c`" prior to the issuance of a building permit therefor. f='~ .'','~"'~
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~ 6. - Dow Control. Dogs shall not be permitted to can ±
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at large on any of the Single Family Dwelling Lota and ; ~-bµnV,.
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1 open Space Parcels. All doq•a shall be accompanied by
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*?•~•- their owner or keeper or shell be confined to the iamee- ~ •-
diate area of ouch owner's or keeper's residence when
not so accompanied.
Maintenance of the Private Roads. The owners oL
Single Family Dwelling Lota 1, 2 and .3 shall be egual:y
responsible for the maintenance, including re~eoval of
snow, of the private road abutting said Lots. The
vxnera of Single Family Dwelling Lots 4, 5 and 6 shall
be equally responsible Eor the wtaintenance, including
the removal of snow, of the private road providing
access tv the building envelopes situated on said Lota.
8. Soil Studies and Poundation Design. Prior to the
=~:.~~ .. ~ issuance of a bnilding perait for any residence to be
+at~,.
~;~~,: constructed on any Single Fa~aily Dwelling Lot, the
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i f applicant shall first subwit to and have approved by
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~.~ the Pitkin bounty Building Inspector foundation soil
stu~iea and foundation design specifications.
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~ 4. No further Subdivision. 1-11 oC the lots or par-
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cels indicated on the approved plot of this rubdivislon
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:Y shall he cestcieted against :11 :archer subdivision oc
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drvelopa:ent.ex~ept as permitted becein.
~..•~ 10. Subdivision Improve*enta•Jlgreescnt.. Thy Subdivi-
~_:._
~- sion Impcovements 1lgreement, a copy of which is ~~
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pia. , ~ attacl:~d tr~reto as tshibit B,•shall be executed simul-
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the recordation of tisia leesolutian.''
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.~T^ .. ~• .~ ~- - ~ ~ .~ ` : - ' ._. ~`'" 470 ~.~ _ . _
,;.;.•~~ ;. ':, : •• _ I1., Covenant: Rur.l:na rith the' Land.. Rtquirestents of , - - t : ~-;,=; ~ ;
~<~^ ~ ~ paragraphs 3,. i, S, and 9 of this kesolution shall be ~ ~• • . - `'~~t.V~;~;: _
,,mss:i_ ~- adopted by the Oxnec as covenants cunning xith the - - ~~, ''•':%_
land ..i.;.'..'.;.;'~,
`~'~~ _ ~~vhich aha1L be approved by the County Attorney - ~' ~'"''''
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a;,;_ ~, ~ and filed with the Pitkin County Clerk and Recorder ` .:,; " :mil,:
---=_:.~. prior to or simultaneously with the recocdation of the ~ ~':.~ ~ra-•
~"~, •~ final plat. i't ~~~~~~1
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.. BE 1T FURTHER RESOLVED that nothing herein shall be construed .:~'.:1~`~`
as an approval for the subdivision or parcelling of any lot, par-
cel, tracts other than those identified and described on the subdi-
vision plat simultaneously approved herexith.
Approved by the Board of County Coaueisaionera of Pitkin
County, Colorado, at its regular meeting held June 25, 196.
BOARD OP COUNTY COMMISSIONERS Of
PITXIN CO NTY, COLORA
~ By:
ATT~:
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County Clerk
AP VED ~~~^'''_" R~
un:y Attorney -
STATE OP COLORADO )
) ss.
COtTlITI OP PITRIti i
Acknoxled ed, subscribed and sworn to ~o me Chia ~ day
of =~ , 1984, by ~~'~ and ~~
s~u+r+ , the Chairman and Seccetary, respectively, of the
Soacd of Coanty Cosnsisaioners of ritkin County, Colorado.
Mitneaa sty hand and officio). seal. ~ i,;~%i'~~-:.
,« .-
My coe~eission expires: 8/4/'87 ~-.~~-`~
0.1~AOO 81.61.7. ``
. My add c e s s i s t 5Q6 EAR !'4lIX 8'I'R£E'P ASP'f74, :.
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EXHIEI7 A ~ ~j;M~ 47U i,:i 151
LECAL DESCRIPTIOIt - JIS1'EN r2',l,ACB AI1fER !!ORES,
A tract of land aiWate is Lots 4, 5. and 10 of 3eotion 5. Lots 9, 10, 11, 12,
13 and 14 of Section 6, Lots 3. 4. 6, 7, i3. t4 and 15 of Section 8 all in
To++nship 9 nth. Range 85 West of the 6th Principal -yec•idian Dainb cone par-
Liculsrlr described as follows:
• Beginning at a point on the northeasterly right of vest line of (blorado States
Iiighwa0r iv'o. 82 vhence a bn~ss cap for the SE corner of ~dth~follo++ing cour-
49° 43' 26" 1l. 187.9; feet; thenoe along said right of war
acs: K. 530 43' 06" N. 227• feet; thence 435.b3 feat along the a.ro of a
1950.00 foot radius torte to the left having a central anglet~n^aox~8~~31'
and subtending n chord bearing N. 60°07 06 N. 434.73 feet;
06" N. 73•~ feet; thence 319.34 feet along the or'0 eft^Ta~d6aubendingias
ourre U the right, having a eentrnl angln of 23 30
chord bearing N. 540 46' 06" N. 317.11 feet; thence N. 43°° a~'~0"u •~3g806
fact; thence N. 36° 34' 02" N. 296.10 feet; ttseace ii. 39 3 eat besting
feet; thence N. 400 19' OZ" ti. 302.90 feet; thence Eton a tang
!t.#1° 49' 02" N, nortbvester]1 102.00 feat along the aro ° 02 "3and•aubtending
radius ourre to the left, having a crntral angles of 1 30
a chord bearing H. 42° 34' 03" Y. 102.00 feet; thence `[. A6° 42' 32" Y. 303.00
.fact; thence N. 46° 16' 02" W. 410.90 foot; thence K. 460 5-j+ 32" Y. 138.10
feet; thence N. 43° 01' 10" N. 1.59 feet; thence leariag said right of war
liras oa a course bearing R. 23° 20' S#" E. 211.72 fast; thence S. 680 48' 12"
6. 128.95 feet; thence 192.58 feet along the era of a 235.27 foot radius curve
to the left, haying a central angles of 460 53' S8" and subtending a chord
beari~:= H. 870 44' S0" E. 187.25 feet; thence li. 640 1T' 51• S. 38.17 feet to
the center of the Roaring Fork River, then,:e along paid river neuter the fol-
la+ing ccursas: S. 16° 78' 30" fi. 51.83 feet; thence s. 36° 03' 43" B. 162.89
feot; thence S. 54° 42' 14' E. 111.92 feet; thenoe K. 50° 44' 38" 8. 172.26
feet; thence H. 19° 45' S7• N. 94.58 feet; thence H. 42° 08' S2• W. 159.31
feet; thence K. 61° 54' S4" N. 96.05 feet; thence 1I. T4o r)g. 41a K, 68.26
fret; thence X. 610 11' 26" N. 304.#2 feet; thence N. 8b° 38' 06" W. 119.60
feat; thence leaving said river center on a enures bearing 3. 270 3~' S8"•N`
138.70. feet to the center of a countT road; thence al°a8 acid oounty road cen-
ter the folloxing courses: ` from a tangent bearing l1. 'TO° 36' OT" 1f-, north-
wcsterlr 118.68 feet along the trc of a 632.54 foot radius our+-a to the left,
hariag a central angles of 10° 44' S7" and aubteading a chord bearing N. 75°
58' 35" W. 118.51 feat; thence :i. 81° 21' 04" K. 454.90 teat; tiaeace 729.39
feet along the arc of a 227.49 foot radius aur*e to ~ 820 21'h19' V•a12T-~~5 1
angle of 320 35 15 and subtending a chord Dearing 82; thence 1G. 680 13'
fret to said aoa•thnasterlJ' right of was lines of Sighwar
_ 04• W. 322.21 feet along said right of ~t7 line; thenoa )<. 240 3D' 21'~ fi:
102.47 fret to the center oC the Roaring Fork River; thence along said river
crntar the ib llowin3 courses: theaoe 1S. 810 OS' 00" K. 93-TO feat; thence 1i.
310 23' ~" K. 533.41 feet; themes &. 55° 55' ~• X. 521.68 feet; thence pt.
310 54' 00" 1d. 558.08 fast to the north lice of lots 7 and 8 of said 3eatloa
6, theaee along acid north line 5_ 890 55' 15" E. 1308.61 feet to thK aorth-
east corner of said Lot 8; tbeace S. 00° o-4' 45" K. 1141.90 fast along tbs
east liar of acid Lot 8 to the north line of Iota 9. 10 sad 11 of said Section
f, theraot 3. 89° 39' 17" & 2408.94 feet along s:L4 north lines to the east 1/4
corner of said 3e°tioe 6; theses 3. 04o OS' 49" E. 96#.18 Pest along the east
lies of,asSd Section 6 to the center of flat Roa.~1n6 Doric Fiver; theacs along
the canter of said river the folloxirafi oourasa: S.. 680 4b' OS" E. 105.82 feet;
tbenoe S. 210 59' 03" B. 97.52 feet; thsnos s. OZ° 48' 05" 11: 550.80 fret;...
tbea°s s. 480 00' 00 " S. 5~•~ feat; thence S. 74' ST' 19" >s• 453.28 feet;
thence S. 74° 23' 36" S.. 3A5.25 feet; thence s. 47° 4T' 10• E. 239.80 feet;
tbsnea 3. 310 37' 00• L 173.45 test; theraae S. 27° 35' 00" g. 245.40 foot;
thence S. 33° 4d' 00 " R. 339.46 fret; thufloa S. 440 04' ~" ~ 637586feett:
thsnot S. 45° 22' 00" >C. 265.00 feet; tiaeaas S. 420 34~ 00" K. 220.35 feet;
tbenos S. 49° 02' 00. 6. 295.6b fret; thereon S. 73° ~~ ~• E• 434.02 feet;
thane. S. 50° 35' 00• [. 23b.97 asst; theacs s. 420 38
thsnas S. 280 42' OD" S. 298.7: fw t; thence S. 180 Op' 00" t. 231.31 fw t;
theses S. 520 26' 00" S. 141.64 feet; thence S. 860 24' DO" B. 316.00 festi
right of » line of 'iLg3auq 82; Lbeno• sa.oog said rl~at of Mal line ties fol-
laving aourssss lI. 4a' 50' OG" li. 1350.81 Test; thereon 1E8.75 test alosag the
era of a 1870.00 foot red-:ua acsrre to the riihtt bari~i a °e°t:'al asaala of So
R7' 00• and snbteodin6 a chord Dsarin,g 1<. 420 56' gb" Y. 1x8.67 fact; tiaencs
• It. 400 03' O6' it. 215.10 test; themes 305.x0 test aloes t?os arc of a 1472.50
foot radius turn Lo the Uft, D~av1m8 a asatral arils of tto 53' 00• and avb-
tsadims a oDoed Dsarfns 1[. 430 59' '-5" 1t. ~ ~4.QS teen thssaos lI. 51 ° 'S4' 06'
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• .- ::' .~• ~i20.8Q feet; thence 1~.6T feet alco6 tt.~ ara of a 110b.OQ foot rsdins
• : ours to the right baritrt a oantral aasle of 90 3>s' 00• sad subtrodia$ a c5o~-d
.':::,:;•$.~:.:- ~r~K tl. X70 09' 06t V. 18~.~5 het; theses lt. #20 22' 06" Y. 757.60 feet;
" -. ~~~ 36.82 feet alon6 the :rn of a 560.90 foot radius aur» Lo the lefty
• harms a•oentnl argle of 370 16' DO' acrd auDtendins a chord Deariaa X. 610
- .,;°~~..`~ 00' 06• Y. 358.3 fsrt; thence )t. 790 38' O6" ir. $26.00 feet; thence 352.18
.s~°. 4;i4::~ _...... ~ -... het alccg Lire ara of a 778.60 foot radius eurre to t.!» ri.aht harms a oeotnl
i i" r ~ ~;: :. ~K1e of 25° 55'00" and subtaad o r * ~
ins a chord be:rl.~g K. 66 ~0 3b K. 9.19
;::: J. ,: feet to the point of Degicming. _ ... .
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A.lao:
. ~. 1 tract of Lord aituata in Late 2 and 7 of Sactioz 6~ Township 9 Sartb, Rs,~ae
- _, ~ E5 heat of the 6th Principal Heridianr being acre psrtieularly described ae
ollc~wa
.- ~.. Begiaaing at the intaraectioa of the north line t °d 6
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o aa. Section with the
aouthxeater~ right of rraT line of the Denier and Rio Crsnde iiestera R. R.
>4`ranee the northeast corner of said 5eotioa b bears K. 890 5b' 17" W. 825.86
feet; thanes 3. 830 5b' 1;" B. 500.06 fast along the north line of acid Sec-
tion b to the northeast eoraer oC said Lot 2; theses S. 010 00' 0-0" $. ?29.-03
fast along the aa~t Iina of said Lvt 2 Lo the north Iina of said Lot 7; thanes
S. 89° 55' 15• E. 232.-03 feet ala~ng the north line of acid Lot 7 to tha north-
^aat corner of said Lot 7; theses S. C00 Oh' -05" li. 1160.02 feet along the
aasC Ilne of said Lot 7 to said southuesterlr right of tray line of the Demsr
and Rio Crsnde Heaters R. R. ; thence Iron a ta0gant bearing H. 300 59' 1?'
V.; northwestar]y 167.99 feat along the arc of a 291-0.93 foot radius earn to
the right, baring a oenCral angle of 30 18' 07" and aubteadiag a clhoc~d Dearing
H. 29° 20' 08" W. 167.9b feet along said right of war line; thence 1I. 270 #1'
OS" W. 140-0.b6 feet along acid right of xa, line to the point of beginning.
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AMENDED ADJOINING PROPERTY OWNERS
Pitkin County
530 East Main Street, Suite 301
Aspen, CO 81611
Roaring River Ranch LLC
2929 Lazy Lane
Houston, TX 77019
Kipper Family Community Property Trust
P. O. Box 529
Woody Creek, CO 81656
Bureau of Land Management
Glenwood Springs Field Office
50629 US Highway 6 & 24
Glenwood Springs, CO 81601
Roaring Fork Transit Authority
0051 Service Center Drive
Aspen, CO 81611
Mark Burg
c/o Dean Avedon
12301 Wilshire Boulevard, Suite 200
Los Angeles, CA 90025
Exhibit 6
ry
1041 PLAT
Exhibit 7
AMENDED PLAT
Exhibit 8
ORIGINAL PLAT
~ _. ~ ~.,
C~MUNITY DEVELOPMENT DEPARTT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526
Pitkin County
Land Use:
172 Board of Adjustment
159 County Land Use Code
174 Flat Fee a~- j ~~ ,'
162 Zoning and Sign
169 Public Notice
160 Planning Enforcement
175 Hearing Officer
Referral Fees:
210 Airport
LUCO1 County Clerk
f .___'
211 County Engineer ~~ _ ~,'
194 Environmental Health
208 Historic
198 Housing
190 Land Management
209 Redstone HPC
206 Wildlife Officer
Building Fees:
170 Board of Appeals
105 Building Permit
120 Electrical Permit
195 Energy Code Review
115 Mechanical Permit
150 Plan Check
110 Plumbing Permit
130 Reinspection
152 AVFD Fire Marshal
158 BFD Fire Marshal
Other Fees:
155 Use Tax
165 Copy
PZ005 Master Plan Copy
185 Park Dedication ~~~
IS GIS Requirements U
161 Housing Impact Fee ` ~~
B1202 Road Impact Fee ~~~
B1203 School Impact Fee 'v
TOTAL
~~
NAME: ~ r` f~ ; ~ , 1.... ..
ADDRESS/PROJECT: ~' : ~ ,
PHONE: ' ,f _ ,~~ ' ~ ~
CHECK# ~ _~'
CASE /PERMIT#:
DATE: INITIAL: