HomeMy WebLinkAboutpitkin.planning.264332401007 (2007)
DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (1lx17)
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
PITKIN COUNTY, COLORADO, APPROVING THE SANDO MINOR AMENDMENT TO A
DEVELOPMENT PERMIT FOR LOT 7 OF THE BOCC APPROVED OWL CREEK RANCH
SUBDIVISON
Administrative Decision No.f3..L-2007
RECITALS
Thomas Sando ("Applicant"), has applied to the Community Development Director of Pitkin County,
("Director"), pursuant to Section 2-20-150(b) of the 2006 Pitkin County Land Use Code ("Code"), to
amend a previously approved building envelope for pond construction.
1. The application was received after July 6th, 2006 and therefore is reviewed under the 2006 Land Use
Code.
2. Lot 7 is located in the BOCC approved Owl Creek Ranch Subdivision at 1214 Owl Creek Ranch
Road. PID#: 2643-324-01-007 (Legal Description, Attachment A).
3. Lot 7 is in the AR-lO zone district, contains approximately 63 acres, and is conforming in size.
4. Owl Creek Ranch PUD received final plat approval and 1041 Hazard Review approval pursuant
Resolution No. 85-06 recorded at Book 19 Page 45 through 49. Resolution 85-28 modified the final
approval. Currently, the Lot contains a single family residence and two ponds.
5. The Director finds that the request to amend the previously approved building envelope for
construction of a pond is in violation of Section 7-20-90 of the Land Use Code as the development
will reduce the amount of historically irrigated lands on the Lot to 91.4 %. The Director further finds
that construction of the pond is necessary to not injure the Applicant's decreed water rights.
Therefore, with acknowledgment of the Applicant's water rights and consultation from the County
Attorney regarding the legal intricacies ofthe request, the Director finds the request to be acceptable.
APPROVED by the Director, subject to the following conditions:
1. The Applicants shall adhere to all material representations made during the application process.
2. All conditions of Resolutions 85-06 and 85-28 shall apply unless otherwise amended by this
approval.
3. Prior to submission of any future permit applications, the Applicant shall be required to submit
for approval by the County Attorney and Community Development a Site Plan with an amended
Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual
Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and
recordation. The Site plan shall also incorporate the following changes:
a. Rename the title of the Site Plan to "Sando Activity Envelope and Site Plan"
b. Change the Hearing Officer signing block to the Community Development Director signing
block;
c. Place a note on the Site plan that state "Development outside the activity envelope is
prohibited".
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RECEPTION#: 541860, 09/10/2007 at
03:31 :21 PM,
1 OF 2, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
8i - Zo(5i-
4. The Applicant shall submit for an earthmoving permit that includes a revegetation plan prior to
construction of the pond. The Application shall obtain all necessary Army Corps permits if
applicable. If land disturbance exceeds 1 acre a Stormwater Management Permit shall be obtained.
5. If the pond is hydraulically connected to streams and/or ditches then the Applicant shall include
plans for properly designed biofiltrations for all outflow points.
6. Failure to comply with the conditions of this approval may result in revocation of this approval,
or any subsequent permit(s) or approval(s) related to this property, or vested rights associated
with this property.
APPROVED by the Director, this '1b-...day of ~~ E..^-f, 2007.
-;h UA \ R-(UH ~b
CindY Hoube~, - --
Community Development Director
PID# 2643-324-01-007
P061-07
Page 2 of2
MEMORANDUM
TO:
Cindy Houben, Pitkin County Community Development Director
Michael Kraemer, Planner f//C..
FROM:
RE:
Sando, Minor Amendment to a Development Permit
DATE:
September 4, 2007
REQUEST: The Applicant desires to amend a building envelope approved through a 1041 Hazard Review for
construction of a pond.
APPLICANT: Tomas Sando
LOCATION: Lot 7 of the BOCC approved Owl Creek Ranch Subdivision. 1214 Owl Creek Ranch Road. PID#:
2643-324-01-007 (Legal Description, Attachment A)
ZONING/LOT SIZE: Lot 7 contains approximately 63 acres, is in the AR-l 0 zone district, and is conforming in size.
2005 AERIAL PHOTO: The parcel is highlighted in green.
Page / ol3
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PREVIOUS APPROVALS, EXISTING CONDITIONS, and REQUESTS: Owl Creek Ranch PUD received final
plat approval and 1041 Hazard Review approval pursuant Resolution No. 85-06 recorded at Book 19 Page 45 through
49. Resolution 85-28 modified the final approval. Currently a single family residence and 2 ponds exist on the Lot.
The envelope for Lot 7 is desired to be amended for construction of a pond. One of the intentions of the Owl Creek
Ranch PUD approval when establishing building envelopes was to restrict envelope size for the purpose of
maintaining agricultural lands that were historically irrigated. The covenants for Owl Creek Ranch state that each Lot
must maintain a minimum of 91% of those mapped lands. In contrast the 2006 Land Use Code requires that an
activity envelope provide for maintenance of at least 95% of historically irrigated lands. Because the Owl Creek
Ranch PUD is no longer vested, 2006 Land Use Code requirements become effective.
The Applicant has proposed an envelope that encroaches into these mapped historically irrigated lands and reduces
the percentage of those lands to 91.4%. While in compliance with the Owl Creek covenants, this proposal violates
Section 7-20-90 ofthe Land Use Code.
The Applicant has argued that if pond construction of the size represented in the application is not permitted, water
rights will be abandoned/lost (Attachment A). The Applicant furnished a copy of the ruling of a referee which was
referred to the County Attorney for review. The County Attorney finds that without allowing construction of the
proposed pond water rights will in fact be abandoned/lost and historically irrigated lands would not be irrigated with
non-existent water rights (Attachment B).
REFERRAL COMMENTS: Planning Engineer. The Planning Engineer commented on the application and stated
the Applicant will need to submit for an earthmoving permit that includes a revegetation plan, Army Corps permit (if
required), Stormwater Management Permit if land disturbance is greater than 1 acre, and include plans for properly
designed biofiltrations for all outflow points if the pond is hydraulically connected to streams and/or ditches.
Planning Engineer comments can be viewed as Attachment C.
STAFF COMMENTS:
Minor Amendment to a Develo.vment Permit.
Pursuant to Section 2-20-150(b) of the July 6th, 2006 Land Use Code, a minor amendment to any development
application or permit is one that meets the following criteria, as determined by the Community Development Director:
1. Is consistent with action(s) taken during previous development approvals for the property; and
Response: The request to amend a building envelope for construction of a pond is consistent with the previous
1041 Hazard Review approval and Owl Creek Ranch PUD approvals.
2. Does not change the use of the proposed development between residential, commercial, and tourist
accommodation uses; and
Response: The requests do not change the use ofthe proposed development.
3. Does not change the basic character of the approved use of land on which the activity occurs, including basic
visual appearance and method of operation, and
Response: The request to construct a pond does not change the basic character of the approved use of land or
visual appearance, nor method of operation.
4. Does not constitute a new land development activity; and
Page 2 of3
0000:'.2
.
Response: The request does not constitute a new land development activity.
5. Does not increase off-site impacts in the surrounding neighborhood; and
Response: The proposal will not create any off site impacts to the surrounding neighborhood.
6. Does not endanger the public health. safety or welfare, and
Response: The request does not endanger the public health, safety or welfare.
7. Does not violate any Land Use Code standard; and
Response: The request will violate Code section 7-20-90 which establishes maintenance of 95% of historically
irrigated lands. The proposal for pond construction reduces the amount of historically irrigated lands to 91.4%.
However, the County Attorney has made a finding that if pond construction is not permitted the Applicant's water
rights will either be abandoned or lost.
8. Does not substantially increase the need for on-site parking or utilities, or affect affordable housing
generation; and
Response: The requests will not result in any impacts mentioned in No.8.
9. Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the
site by more the five (5) percent.
Response: The requests will not violate this.
Steep and Potentiallv Unstable Slopes: Land Use Code Sec. 7-20-20 addresses standards for development on
potentially unstable slopes;
Response: The Applicant has provided a slope analysis for the proposed activity envelope. Some slopes near the
existing residence contain slopes> 30%. It is evident that the severity of these slopes was created as a result of
materials pushed over during construction of the residence. There is also an area that contains steep slopes near an
irrigation ditch. These slopes were created as a result of construction of the ditch. Staff recommends these areas of
slopes be included in the proposed envelope as they were created as a result of a manmade presence and constitute an
anomaly pursuant to section 7-20-20(b) of the Code.
RECOMMENDATION: Staff recommends that the Director approve the Sando Minor Amendment to a
Development permit to amend a previously approved building envelope for construction of a pond subject to the
conditions of the attached Administrative Decision.
ATTACHMENTS:
A. Applicant's argument for pond construction
B. County Attorney response
C. Planning Engineer comments
Page 3 of3
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Page 1 of 1
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Michael Kraemer
From: Rhonda Bazil [rjbazil@sopris.net]
Sent: Monday, August 20,20072:12 PM
To: John Ely
Cc: Michael Kraemer; 'Thomas Sando'
Subject: Sando Application
John:
I represent Tom and Lois Sando on a land use application to construct a pond on their property located on Lot 7,
Owl Creek Ranch Subdivision. Mike Kraemer and I have been discussing the application of Section 7-20-90 of
the code as it relates to this application and the requirement that 95% of historically irrigated lands be
maintained. Mike and Lance are inclined to deny the application because the pond will reduce the historically
irrigated land on the lot to 91.4%. The protective covenants of Owl Creek Ranch allow for the dry-up of up to
91 %. In addition, Section 7-20-90 allows for a further reduction to 85% if the construction of a structure would be
built in another Constrained Area, which in this case would be steep slopes. Mike does not believe that the
exception provisions of 7-20-90 apply in this situation because the Sando's do not "need" to construct their pond,
but if they do not, the water right could be subject to abandonment. Each of the lot owners in Owl Creek Ranch
have the right to construct up to 10 acre-feet in water storage. They need to be able to build eventually if they
want to maintain the water right.
Because of this conflict between water rights and the historically irrigated land provision, Mike and Lance have
asked that I pose the question to you about whether the 85% rule would apply in this situation, or if an exception
could be made to the rule for water storage structures. We're anxious to hear your thoughts on this matter.
Rhonda J. Bazil, Esq.
Rhonda J. Bazil, P.C.
632 East Hopkins Avenue
Aspen, CO 81611
(970) 925-7171
(970) 925-4668
CONFIDENTIALITY NOTICE: This message is confidential and may be privileged.
If you believe that this e-mail has been sent to you in error, please reply
to the sender that you received the message in error; then please delete this
e-mail.
Oon~1c~
9/312007
Page 1 of 1
if"r-1-(tf-rn ~( 6
Michael Kraemer
From: John Ely
Sent: Wednesday, August 29, 2007 1 :56 PM
To: Michael Kraemer; Lance Clarke
Subject: Owl Cr Subd water and pond request
Rhonda sent me their change application which shows the actions of the HOA and its predecessor. I am
comfortable with allowing this since it is the means to irrigate the property and without it their rights will be in
jeopardy or actually will be lost; as an aside, that code provision that always makes me wonder, the preservation
of irrigated lands, actually crop production lands, without this water right they would not be able to continue much
of the irrigating on the property so they would be in a catch 22 sort of thing. Do you want me to call her or would
you like to?
Confidentiality Notice
This e-mail transmission and any accompanying documents contain information belonging to the sender which may be
confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this e-
mail transmission was sent as indicated above. If you are not the intended recipient any disclosure, copying, distribution or
action taken in reliance on the contents ofthe information contained in this e-mail transmission is strictly prohibited. If you
have received this transmission in error, please call us collect to arrange for the return of the documents to us at our expense.
Thank you
John M. Ely
Pitkin County Attorney
970-920-5190
OO(\f\f)~
:.1 .tI 11;. .
9/3/2007
.
/f11At If /l7 E~ J L
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To:
Mike Kramer
FROM:
Catherine Berg, Planning Engineer
Re:
Sando Minor Amendment to a Development Permit
DATE:
June 22, 2007
The applicant would need to apply for earthmoving permit prior to any excavation or dirt
work. The earthmoving permit should include a construction management plan and
drainage and erosion control plan.
If required the applicant should apply for and have approved Army Corps permits.
Stocked ponds that are hydraulically connected to streams and or ditches should have a
properly designed biofiltration at all outflow points.
A revegetation plan is required.
If development disturbs over one (1) acre of land a SMWP permit should be obtained
prior to issuance of development permit.
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RHONDA J. BAZIL, P.C.
ArrORNEYS AT LAW
632 EAST HOPKlNS AVENUE
ASPEN, COLORADO 81611
RHONDA J. BAZIL
RJBAZIl@SOPRIS.NET
TELEPHONE: (970) 925-7171
FACSllMITLE: (970)925-4668
April 30, 2007
Mr. Mike I<.:.raemer
Pitkin County Community Development
130 S. Galena Street
Aspen, Colorado 81611
Re: Tom and Lois Sando Application
Dear Mr. I<.:.raemer:
Thi~, firm represents Mr. and Mrs. Tom Sando regarding their application to expand their
building envelope to allow for the construction of a pond. Pursuant to the Preapplication
Conference Summary, this letter addresses the provisions of Sections 2-20-150 and 7-20-20.
Background. Mr. and Mrs. Sando are the owners of a 62.15 acre parcel of land identifi,ed as
Lot 7, Owl Creek Ranch P.UD. according to the Plat recorded at Book 19 at Page 45 on March 16,
1987. The plat identified a 2.25 acre building site within which the residence was constructed.
Mr. and Mrs. Sando have the right to construct up to ten acre-feet in water storage on their
property pursuant to the Decree issued in Case No. 91CW160, a copy of which is enclosed. Two
smaller ponds were constructed in 1994 and 2000 with a combined capacity of 1.427 acre-feet.
Excavation permits were obtained for both of the existing ponds. The remaining 8.7 acre-feet of
water storage that was allowed to be constructed under the Water Court Decree is the subject of this
application. .
The water right is owned by the Owl Creek Ranch Homeowners' Association and the
structure.~ be owned by Mr. and Mrs. Sando. The Association has authorized the filing of this
applicatiorr, the use of the water right on Lot 7, and has reviewed and approved the plans and
specifications.
The Schematic Pond Layout Vicinity Map reflects the fact that the Proposed Pond No.3 is
outside of the existing building envelope. Due to the size of Proposed Pond No.3, it cannot be
located inside the existing building envelope.
Compliance with Section 2-20-150. This application meets the criteria for a Minor
. Amendment as follows:
(1) Is consistent with actions taken during previous development approvals for
the U,~operty. The previous development approvals for the property include the following
documents which are included in this packet: Resolution Nos. 84-91 (Detailed Approval);
Resolution No. 85-6 (Final Approval); and Resolution No. 85-28 (Modification of Final Approval).
At the time Lot 7 was created, the water right consisted of an 800 acre-foot reservoir that was to
havebeen located in the Open Space for the subdivision. In Case No. 91CW160, 100 acre-feet of
the"sOO acre-foot reservoir were relocated to each lot in the subdivision by allowing each owner to
construct up to ten acre-feet of storage. The water storage facility, albeit a much larger reservoir,
OOO~.1 ~ Jig
Mr. Mike Kraemer
April 30, 2007
Page 2
was clearly contemplated by the prior development approvals (See Paragraph 9, Resolution 84-91;
Note 3 on the Final Plat; and Article VII, Section 2 of the Protective Covenants).
The two existing ponds were constructed pursuant to Pitkin County Earthmoving Permits
1004.2000 and 4-4 (1994).
(2) Does not change the use of the proposed development between residential,
commercial and tourist accommodation uses. The use of the property will not be changed by
this application.
(3) Does not change the basic character of the approved use of land on which the
activity occurs, including basic visual appearance and method of operation. There will be no
change in the basic character of the approved use of land.
(4) Does not constitute a new land development activity. This land development
activity is already occurring on the property and does not constitute a new activity.
(5) Does not increase off-site impacts in the surrounding neighborhood. The
water right will be operated in priority, so there will not be any off-site impacts in the surrounding
neighborhood.
(6) Does not endanger the public health, safety or welfare. The State Engineer does
not regulate ponds with a dam height of less than ten feet because they are not considered to be a
safety threat. The proposed dam is non-jurisdictional and does not pose any threat to the public
health, safety or welfare.
(7) Does not violate any Land Use Code standard. Section 7-20-90 of the Land Use
Code requires that 95% of historically irrigated lands be preserved. The Protective Covenants
require maintenance of 91 % of the historically irrigated lands within the property. The historically
irrigated land on Lot 7 has been identified on the attached map and totals 19.6 acres. The combined
surface area of the ponds in the enlarged activity envelope will affect 1.68 acres, with 91.4% of the
historically irrigated land remaining. Applicants will continue to irrigate the historically irrigated
lands within the activity envelope that are not inundated by the ponds. Applicants are not aware of
any other standards that would be violated by this application.
(8) Does not substantially increase the need for on-site parking or utilities or
affect affordable housing generation. No additional on-site parking will be required and the
application will not generate the need for affordable housing. The water will be fed to the pond by
gravity and the only utility required will be electricity to power a pump to re-circulate the water
through the ponds.
(9) Does not increase the floor area of the use by more than five (5) percent or
decrease the open space on the site by more than five (5) percent. The size of the residence
will not be increased by this application. .
Compliance with Section 7-20-20. The area of the new pond does not contain any steep
or potentially unstable slopes. One of the existing ponds may have been constructed on slopes in
excess of 30%, however, it was approved by Pitkin County at the time of construction and the
. , 000002
"'_..''''.q._.,-...."_.,....,-~'l'''''.'''II'
Mr. Mike Kraemer
April 30, 2007
Page 3
applicant is not seeking to enlarge this pond. A limitation to that effect may be placed in the
approval documents if the County so desires.
Sincerely,
RJB:ljs
Enclosures
By: , (Cfa. J~azA - .~-
Rho ~ \
~ '. 00000 S"
Mr. 1\1ike Kraemer
April 30, 2007
Page 4
Index of Appendices
Appendix 1: Prior Land Use Approvals
Appendix 2: Prior Earthmoving Permits
Appendix 3: Activity Envelope and Site Plan
Appendix 4: Proof of Ownership
Appendix 5: Fee Agreement:
Appendix 6: Consent from Owners and Owl Creek Ranch Homeowners' Association
Appendix 7: Preapplication Conference Summary
Appendix 8: Final Plat for Owl Creek Ranch Homeowners' Association
Appendix 9: Water Court Decree issued in Case No. 91CW160
Appendix 10: Schematic Pond Layout
Appendix 11: Protective Covenants, Article VII, Section 2 and Historically Irrigated Lands Map
Appendix 12: Wright Water Engineers, Inc. Irrigated Lands Letter
"000004
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APPENDIX 1
Prior Land Use Approvals
000005
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...
I\.Pn&liOIX A
JttsOLUT:rOH or rue DtJMu QlP COUNTY CO"'U~SJOf'CllS
or I11'I1N Q)UHn, COLORADo, CRNfTING SPECloU, JtEVU1I ^"novl\L
FOa AN ElIlLaru aUNJWOUSI NlD DCTAll.l:D SUBMISSIOH APlnovAl. toR TflE
. OIIL CR!EJt ND
aeSOlution No_ a4-~
NlUEM, IUtcbel Dev.lopllltnt Corporation of th. Southvut (hltr.in-
Attar 'etured to a. -APPliC4nt-) is the OWn" ot ucord ot 810 acru
of real property in the Owl Creek "dley more speeiticlllly ducrib"d
on the attached I;xhibit -A., and
W8ZRZAS, the applicant haa submitted.. Detailed Submisaion appli-
cation as the next step in the subdivision proc...; and
WBEI..EAS, the Pitkin County Planning and %onin9 COllll\li..ion considered
the 8ubai8don at · regular 1Il..Un9 on JUly 17, lU4, and a sp.cld
,
.eeting on July 24, 1984, and determined to ncollUllend approval of tla
applic"tionl and
lfBE.JtEAS, the Board ot County Commi..ioners ot Pitlt.1.n County,
Colond'J (henin&.tter -Boud-, conllidllud the application Along ...i th
evidence and testimonY..tt f:.. ugulu meeting on September 10, 1984.
i~, '1'BDtUOJl!:, BE IT R1.SOLVE.D by the Board that: it do.. hereby
grant approval ot the detaUad Submi..ion for ~he Ovl Creelt PUD
subj ect to the following condition. t
(
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1.
The Find Plat shall reflect buil ding envelopes for cuidentlal
unit~ and a~:,:! :::u1tu~;:1 ol..!t-b!.!ildi:;.:;.:. :'or .;..1.1 10t3 as '::,proved
at Detailed Submission. No structures shall be permi tted
outside of these envelopes ~i !:hout the approval of the
Planning and Zoning Commis8ion. The sizes ot. the envdopes
shall be l.iJztited in order to guarantee the preservation
of no lu. than ninety-one percent (9H) of the "Histor-
ically Irrigated Lands.-
Tta Final Plat shall identity the elk migration corridor.
As to mainten.tnc:e of DOWld"ry fencing within the Corridor,
tencing shall b. liJllited to J at-rand vire. 'no l1Ioce than 42-
in height.
The scrub oak hillsides which Ii. on the north an.d weH
sidu of the site shall be restricte-c.\,agaj,nnt winter U.!lC!,
including bU~ not limited to. ::novshClt"!;nq, Gkiing and snQW-
1Il0biling !rOlll October 1 to llay IS of. eac:;b yeac.
NotU shall bd .<<~f1.' eo. the Final Pld'~I:u .. .notic!! to
conOLlIUU to aplClllfltt the! tc.U.OWin9P,~Il:po~&:!,~:
(4) hrcb4tJers of thc::o Zeit:.. :::.\Ii:al1: ,be, __~~ aW4r.~ ~h~7
due to ~oil C:Oftditions o~... --..r<"~'~b~.s. UqnlU",
c.ant e .pOn.. will be j,m::acr.~,d.ll ,th~ conc,tr uc:ti on .O~
enqineGUd tcrWi1ge disP'.al ~Jil:.C!JII. ...et..i:ng P1.t.kl':n
COunty Seva9oDisposi11 Jt....lat;~.on.., '! .
Pur c:b01:::C: r::: w ill be r t'::: PC1ltOi,bl e' lor C! r.t~*.<<U:l:lq W~I t C' r
line::: (rolD the trunk J illC':::;t~',.the \lc:tu.....,. bomt':a tc::
and for in:::I:<1l.liJlfJ .t ire hi'dr.lt"~~..'
2.
3 .
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(b)
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000007
no.olutlon 10. '4-~
Pag.2
lmr 474 ~55.(
5. Tho doao.tie: "4I:e, ,uPply My be 1l::f1d to icrlg11te un to
4000 ..t. per building onvQlopo or 2000 ..t. poc ullit on
tho dup.lo: lot..
6. The -!'Pliant chall convey to tho fJOIlIeovneu AUociation till!
dOlle.tic: "Iter ay.tOll and water right. noces%:o1ry to Opl!e.ot~
tho 'YGtelll upon cOlllpletion ot construction of the !'fllt~e
.yn. and prior to providing vator .arvice to .tny euiuenthl
lot. The o1pplic:ant shall convey to the HOlUOW/MU ^uoci.:ttion
the Open Space Par cIl lncl udinq th. "R.tndl envolope. and the
irrigation vater right. MClla.ary to continue t:J1. irriqltion
in ~r.,.tuity of .11 "HistOrically Irrigated Landll" in tht!
PUD upon t:J1e .G&l. of the d9hth (8th) lot. The applicant
shall not convey any vater rights presently asaigned to his
1600 + acres of real propi!rty in the Owl Creek Valley to anyone
other th~ the HOlll,ovner. A..oeiAtion vi thout tir.t demon-
.trating to the RUstacUon of the BO&rd that 1rr1g11tion
vater rights ar. retain.d vhic:h an n.c....cy to .ai ntlli n
the irrigation of the "Hbtorically Irrigat.d Landa" within
the Owl CrHk roO.
7. Prior to recordation ot the 1'1n.l Plat the augmentation
plan shall bo approved by the water court.
6. Th. private road access through Owl Ce!!ek PUD shall be
n4.C1ed on th. Final Plat. The road shall be construcl:'!d
to rural acce.. Itandarda lor 4 25 tn. p.h. design .Pf!!!d
per the Pitkin County Road Standards And SpecificatiollS.
Th. construction c:kJcWllent. lor all roac:1ll should be approved
by the County Engineer prior to Final Plat recording.
With the County Enginoer' s approval, A limit.d illlprove:;.ent
permit may .be issued lor the internal roact",ay after apprc.val
of the Detailed Submission by the Board ct County CollJllUS-
loners.
9. The op~n space parcel shall b. pre3crved lor the Mutual
benefit of all members ol the Homeowners' Association.
Except lor the area designated "RanCh Envelope-, the open
=~;;:: p.:r~;l .t...~l be useu Eor; open space, agricultural
and pal.i.,. recreational. purposes only. IlIlprovements,
limited to agricultural out-buildings and uses ,necessary for
the support and continuation of the on:"goiriq agricultural
'operation (u defined in the Pitkin County !.and U.. Code)
lIIay b. con.tructed on this parcel. Improv....nt. such as
loafing abeds, hay storage structure., fencinq, irrigat.ion
str'Ucture. .and similar structures vhieb are essential to the
agricultural operation and \till have inaiginificant vhual
1lD~Ct on the &gricuI tural character of the op.n spacl!
parcel, IIAY be permitt.d on the opon Space parcd without
turth.r r.vie.., excopt under the Uniform Duildin9 Code.
Other structure. and uses may only be permitted by the
PlaMin9 Dirl!ctor, or, if he deelllS neClusary, by the Planning
and Zoning CoJ:lmi.sdon subject to the above criteria. In
addition, a reservoir Ny be Q:)nstructed on the Optn space
parcel upon approval of the Board, if dCE!::!ed necesury and
dosirable by tho BOllleolioors Association. At.~ lIlinilJum
ninety-one per cent (91 ~). ot the -IUstori cally Ir r19.:1t~d
Land." must be preserved. All proposed buildlnq8 in tile!
'open space parcel Dhall require archi tectural app[oval
by the ArebitcctWll ColIllIlittee and by tho ~1itd1ell CO[('O[Dtion.
10.
Tho Ranch Envelope vithin the open space parcel NY be
used for open =P"1cC!, i1Qric:ultural ~nd non-eollUoreial active
rCtcrCtntionnl unc%:. Non-cgr:!cul tural colllUlcrcio1l activitit'::
vill not be pennitted. ImprovcRlcnb%: IIII1Y inclucle Olgdcultur,'l
buildin9::, r01n~~ Iok1n.-ule~ ~nd c:aployCU houniny ':U1d re::i(~nti"l
u.cc:: nul:. oth UCli l:.:e $Ie uiu111 l:.cd by toe r..1nd Uco Code.
Aa.olution Ho. '4-~
~a9. J
14.
IS.
(~
00009&
, '
-..---
12.
11. 111. tOUov1ng ..ploy.. b....1ng ...Uloth.. ""all apply.
A. Each duplex lot "ill conaht ot 4' treo market unit
and a two bedroo. 1011 incOlle unit 1n accordanco with
the 8.ou.in9 Authority" QUaliticaUon Cuidelinu in
pbea at the time of l..uance ot the taa /lUket building
per.it:. The employe. unit may ba .ithee attached
. to or. d.tached trOll the pel.acy reai danca, but must
be "it.hin the building envelope ot the primlry CUidl!nct!.
'lbe -ployae unit on each .dUplex lot- IIhell ba consteuc-
ted concur rant "lth tlu tr.. ..eket Imit. However, ..
three-bedeooaa rlnch """ger'. unit IDay ~ constructed
in the -Ranch Envelope - 1n the open spaca parcel in
lieu of one employee hOUSing unit previously r~uir.d.
B. The owners ot the Owl Creelt PUD ara hereby qrant@d
the option ot tulfilling his -ployee hOUsing comml tment
via C&ah-in-lieu pay.ent. It the eaah-in-l1eu provision
1. opted for, payment shall be .ade on a prO-rata b.si,
at th. time of !..uan~ ot a buUdinq perm! I: for ..ch
tr.e marke< unit. Pay,"nt ahall be indexed in accordance
with the Pitkin COunty Land Use Code in effect at
the time at baulnee ot the building permiL
C. The Illiddle inca.. restricted employ.a unil: may be
aold or r.nted to its pres.nt resident. If tht! present
r.sid.nt choo... not to rent, it may remain a rental
un! t, or it may be off art~d to au It under rr.~ dell t! incom.
pr ice qui dd in...
D. Verification ot ItllIployment and income of qualifying
tenant .hall -be f urniahed to the HOudnq Offi ce bet on
execution of a rental lea...
t. The ovners. of the tree mar ket unit.. shall ::e required
to aupply the Hou.inq Ottice with a copy of the lun
which shall b. tor l\ Illinimua of six months. Ea::h
time the 1.... is r.'u~wl!d or when occupancy changes
the owner shall prc;vide the Uousinq Ottice with an
upda t@ d ll!~!!'!"..
The subdivision covenants and final approval resolution
shall acknowl'edge the HOllleovners Association tesponsibili ty ,
for noxious weed control within the PUD.
1J.
An employ.. bunkhouse is apPC'oved to be buil t in clo..
proximity to the Ranch Planager's house Io{itbin the .n..nch
!:nveJ.ope. - The bunkhou.e shall b. no larger than thr.. (JJ
priVate roams with a shared bath and kitchen and cont..in a
ainimua of. ISO s.f. per person. Th. bunkhouse shall be
restricted to the -lo-incOlll.- enploy~ hOusinq quideline.
And to untal for IIIIploye.. l!lllployed on-site.
The vater SUPply systelll shall meot tho requirem@nt. of
the County Engi ncC!r, S tate of Col orado ~1.ter Qual.! ty Control
Division .:lnd County Env1ronllurntal HeAlt.h Department.
The DeClaration of Covenant~ vi th cespoct to (hll Creek Rllnch
shall include guiualino. and rCQediea for tho recourse of
the appl iC.3nt .lnd t:ho lIolDcovncr S 1\ss0c.i.Dtion to tollow to
quaranteit the follov.1ng:
&. Proper Illlintenance of the agricultural open splice
pucel;
b. Irrigation of. the -H i:;toriC<111y Irrigated Lands.;
c.
Apl'ropd01tc r.3nc:h 'J.1n.2C]ClDQnt~/
A,.olution no. '4- 91
-
'19' 4
d~ 'rop.c opeUUon of tb. vlter If.t..,
e. Md.nt.nanc. ot the n. c....ry do/llUtic and ire! qat! On
vltee ri9hta I
t. u.. ot th. open .pac:o potrc.l by the hom,own.rs auociUion
.. th.y d.ain conaiatent vi th th. condJ. tio~ at thi s
&pprova1.
l( · 'I'h. cx>. .....t. "".n be ,.. t ..... .n. ....' .YO. by 'I.. Co on, y
Attorn.y Pdor to rinu Pl..t reCording.
17. Upon purCh.... ot. th. BL" Parcel, applicant: shall Mltnd and
record the Owl Cr.ek Ranch E'inAl Plat aUbject to the pci or
revi.", and apProval ot" th. alll'nded plat by th. Planning
Oltic. and County Attorn.y.
APPROVED by the lJoard at their ngular me..ting on S.ptell1bu H,
HI..
~
BOAllD or COtJRTr COMISS lONERS
or PITCH COON'1'Y, COLOMDQ
ByA'/tA K / .
1m cha.t l~:nan
/
L.... 'Se.tnhn,Dcputy County Clerk
APPROVED AS TO ro~. rl
~J:.S~m4- v~"\ ~
111011I.. f. Smi th, \6ofmt1t ~ttoc ~
,_.F.... \j
(
I
/
000009
""" '". \'lllj ,,' ,.~.jr/"~",IIIJlli.I,j,''''I.I~'J,,jllJ. 1m
iWOil 481 f'.1~E 7~:J
lU:::OLUTION or I'll E DOMe or COU1~TY COIUSISS ION ERS'
or PITKIN COUNTr, COLOMOo, ClWJTIlJG rINAt. PLA'1' APPROI/\L
'l'O mE O:'iL ClU::Qt POD
Rlaolution No. 8S-~
rlUE.REAS, tlitchell Development Corporation of the Southwest
(hereinattC!r .Applicant.) is the Owner of record of DIO acru of real
property in the Owl Creek Valley' of Pitkin County, Colorado, more
specifically described on the attached Exhibit -A"; and
liIIEREAS, the Board of County Commi:;sioners of Pitkin County,.
Colorildo (hereinafter "l3oard"), considered the Final Plat submission
of the OWl Creek PUD applicAtion along with evidence and testimony at
its regular meeting on January 14, 1985, and determined that the
Applicant had met all requirements of th e Pi t:kin County Land Use Code
and all additional requir8'llcmts imposed by the Board on the application
at general and detail ed sUbr.lission,
NOW, mEREFORE, BE IT RESOLVED by the Ooard that it does hereby
grant approv.u of the final plat for the 01'11 Creek POD subject to the
foHol"ing condi ticms:
., :Lilt: \:VU!'1ty ;.....VL..U:t ::>u........ appA:vvo:: ....'" .t'.i.ucir.l ;l..L, ~..uu':'Y';'.:olvl.
Inlprovcment AgreGllClnt and llomeowners' Documents prior to
recor"ing; and
2, Domestic dogs shall be prohibited by SUbdivision Covenant.
il.?EROVUi by i:be Boaota ilt its regular ;;leeting on Januuj' 26,1985.
" :: I, I' .
. ,: ... . ........ .........
.~:. ..
.., :J:": ~
.... :
.,
" &
,',
Lew Sca:n:l.an,' Deputy Couney Clerk
j([ AS TO FORH'1L
"'..... ~ s~~:l.."., '.to,,,e,
"'C'.>
000010
"",''',..".,'.....~~'''''.-
BO.r..nD OF COUtJ'rY comuss ION ERS
OF PITKIN COUNTY, COLORADO
Dy
~~f~
Tom Dlake, Chaim.n
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UI mJoo
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. CI ::It
RESOLUTION OP TOE DO/UU) O~ COUt~ ~
COMISSIOl~&.RS OP PITZCIN COUNTY, COLOMDO,
KODlnII~G FINAL PLA1' APP.ROVAL TO TOE OliI. CI'\EU P.U.D
28
:'v
l;OOK 4~:J MI1 0.' I
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en
Resol~tion No. 85
HnEREAS, the Board ot County Commissioners of Pitkin County,
Colorado (hereinafter "the Board"), on 24 January, 1985, adopted
Resolution 85-6 granting final plat approval for the Owl Creek,
P. U. D., whi ch approval con tained a condi ti on that domes t..i c dogs
shall be prohibited by subdivision covenant; and,
liBEnEhS, the Board desires to modify that condition to allow
domestic dogs subject to controls and regulations set forth in
the subdivision covenants' for the Owl Creek P. U.D.;
NOIf THEREFOR.E, BE IT RESOLVED by the Board that it does
hereby modify the approval of the final plat for the Owl Cr eek
P. U.D. set f.r,>rth in ReSOlution 05-6 to allow domestic dogs in
~~'Q vwl ~zG~~ ~.U.=. =~=j=:t t~ t~: =~ll~~i~~ t~r.m, ~n~ r.n~"itjo~s:
1. The subdivision covenants shall contain language
governing the control and regulation of dogs in the Owl
Creek P.O.D. as is specified on Exhibit "1" attached
k...._......._ ...._...::1: .:---_____.._~ 1........__~,. loo.... "'.....:.... .._J:______
U~.1ii",,"V 1iI..u.w ...,.....v.t''''_G'-W;;;;U ..U;:.c:~., ~x """,u...., ....._~.....u....'O;
2. The Pi tkin County Animal Control Department shall
review, at least annually, the regulation and control
of dogs in the Owl Creek l?U.D. to determine 1.hether
the Owl Creek P.U.D. dog control program is 'lor king to
adequately control doCJs in the Owl Creek P.U.D. such
that wildlife is protected to the extent poSSible and the
covenants are effective and being ef'fectively enforced. In
the event the Pitkin County Animal Control Department
reasonably determines that the. covenants are not
effective, or are not being effectively enforced, it
shall so notify the Owl Creek P.U.D. Homeowners'
hssociation who shall, after receipt of such notification,
have one hundred and eighty (180) days to determine
and implement: a more stringent dog control prog.ram. In
the event no such program is implemented within sixty
(GO) days after receipt of notification, or in the
event such program is implemented and the Department
reasonably determines, at any time prior or at the
expiration of the one hundred and eighty (180) day
period, that the replacement program still is no t
effective, then the Department shall so notify the
Board of County Commissioners who shall, after reasonable
notice to the OWl Creek P.U.O. .Homeowners' Association,
hold a hearing and determine! whether dogs shall be
abSOlutely prohibited in the. Owl Creet P.U.O. At
any such hearinq, the Owl Creek P.U.D~ no.eowners'
'A.G8oc1ation :ihall be given La....,., uppor~unity to be hC&1rcJ
and present evidence on i tiJ behalf in suppoJ:t of
1
..,,"'"''.....,.............,..''''' llIiIr"llRl
.
the dog Control progrAm.
In all other rupecta the approval. granhd in ResOlution 85-6
IIOOK 4t;:J 1~~tO i'l'j
relllain the sallie.
APPROVED by the Board of County Commissioners of Pitkin
County, Colorado, at its regular meeting on 2S HArch, 1985.
APPROVED AS TO FORM:
Ik~);! WIt
County Attorney
COHHISSIONERS
OLORADO
c;: ~.
": '.
~e-PI(~X.. Co.unty Clerk
.... i. f, ~;
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, .. .
.. ,.".,_i 'i,r~...,
2
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I . 000012
"'''''I;",''d,Ojl\i,'"'OJ"".",lJIOIl!iIllllJ'''''''''~.!'llI'.~_
,J:
UOOK 4~:J I~lit b liJ
!:xrrmrT "1 "
" 8. Q.Q.sz.:&. No dogs shall be permitted to be kept on or
t~ vlSlt any L,ot or property within tbe P. U. O. except as speci-
flcally authotued by ,the Associa,tion in complia.nc:e wi th thi s
paragraph and establuhed by wntten permit. No dog shall be
suffered to trespass anywhere on property wi thin the P. u. O. No
dog shall be allowed or permitted on any portion of the Owl Creek
Ranch unless same shall be kept in an approved enclosure and/or
shall be under the absolute control of the owner or other persons
by a leash, rope, chain or other approved r-estraininq device.
Any dog found on property within the P.u.o. not within an approved
enclosure or under absolute control shall, without exception, be
impounded Or shot, as prOvided below, and its owner shall, without
exception, be responsible for scheduled fines and impoundment
'fees. No dog shall be allowed on any Lot without ~he permission
of the owner of that Lot. The Association shall seize and impound
any dog on the property in viOlation of this Section or the
regulations established hereunder: further, the Association shall
have the express authority to shoot any dogs running loose on the
property that are disturbing any Wildlife, domesticated livestock
or interfering with any agricultural operation. The Association
shall impose fees for dog registration or other dog control
services, impose regulations regarding the keeping of dogs on any
Lot and levy fines against owners who violate this covenant or
any of the regulations promulgated hereunder. The schedule of
fees and fines established shall be sufficient to recover all of
the costs of this animal control program on an annualized basis.
The Association shall delegate its authority hereunder to the
Pitkin County Animal Control Authoritl' and shall designate Pitkin
r.ountv Animal r.ontrol as the enforcement aaent for these covenants
and 'regulations promulgated hereunder.. . Any assessments, fees,
fines or other costs of dog control services assessed against an
owner shall constitute a lien against the Lot until such fees,
fines, assessments and. costs are paid. This lien may be Collected
and enforced and shall have the same priority as rrovidedwith
:"~spect to the lien fe= nonpayment of Asscci.aticn c:sses::;ments
provided for in ArtiCle X, below. In addi tion, if an o\~ner fails
to pay such fees, assessments, fines or ~osts of servlces. the
ASSociation shall revoke the owner' s perlDJ.t to keep a dog at the
owner's Lot in Owl Creek Ranch.
No dogs over 'six (6) months of age shall be kept by an
owner on any Lot unless such anaa..l shall have a current rabies
inOCulation.
Tho ranch manager Shall be allowed to keep and use dogs
as necesaary for the efficient operation of the Ranch. The ranch
manager shelll kennel any ranch dogs and not allow them to roam
free when not under his control.
In the event the Association fails to collect any fees,
assessments, fines or costs of enforcement attributable to an
owner Pitkin County Animal Control shall have the right to
enfor~e collection of said SUIIlS directly against the owner and
any such costs of enforcement and ~ollection, inClUding .attorneys
fees, shall be borne by that owner.
,.,(
,~
"
I
/
· 000013
00001'
Q"
APPENDIX 2
Prior Earthmoving Permits
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4:.;0~;,;;J~~i.ii~ji~~~;;~".t.:.~.~.~~
Jcb~ 1214 Owl Creek Ranch Road. ~s~en' ':!.; ;'<..,.,
l4a1~
7
Lot
. . -~ ''J:'h6irias ~ndO
Name
Owl Creek Ranch
~visi()ft -
Blode .
. .
..,1?1.~~~1.g-C~k:-..#~~~~R~cet.~~p, mR16J i Q21~6629
Mailfllg A~ PhoJ'Ie
~Meldor Col15,:gu<::tionl(HO Y~l,l~v ReJ'r. Q=lrJ:?()n(irl!,F>. rn ~~?~ qh~":'711L..:..
NaJlJO M~g Ad=- Phone
Type of Work
Scope 01 Work;
o Berms
-, ..' ~P'Oftd.s:
Q Trails
o Trenches
O'Utilities: "
o Other
To~ Cubic YVds (cut &t fill):
TotlICli~" 4 ,OOO"'C :Y:' .-
~ Laigth:. 190 ft
Max. Width: - 100 ft
8,000 C.Y.
- .....'~ ...... ,'''' ~
, TotalFi11:. 4,000 C. Y.
. . Max;Depth: '12ft
,Max.He!ght: 12' ft
Type of materials to be e<c!lvaled:
Ma/eri3l bcought from:
Material rekx:3te::1lc:
On-site clay with Mancos;~:Sha.le 'fia.gments
'. - .. .. ...... . ,
No imported material .
......... ,",
N? . ~~~"ma~erial
- ... .. ~,. . .' ".' " '.. .... ~
Cal.~e~ Enlarqement of an existinq pond
.. -, . .....
Appbt{,~<;<>~~~ Peter sclau, Enqineer
Date s/i S/;;2<<X) .
........... ..... ............ ................. ........-: ..... ~........ ............... ........... ............ ..... ..... ...... .....:
..... ....- ."" . ". .".. .... , - m...... .:. ,,,,,. ."..'. 'v.". ....... . " '. .. '. . .. . . "
FOR STAn USEOl'v"I.Y
'. "jrnitialS
, Date
"R=;;:~ II =t \
I~ ~l-l~
, .00 . ()Q
O-!,!partment
.Zonin.~
. Enl'!ineer.it\~
Land M~'t---J
Env.Healt!\SJ
Water'
Parks
't Authorized
., - f'SL
t , /I1CB.,
H J0(~!~
11 I
~ l
J I Date
If 5'/<<GIt!?D
~ t S/z..3/ltJ
" A I NIf7tJ
I t I
II
It
~
. ........
"W'"
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L ,A.
... -.'" ''"'''-''';'~'''''''<' .'
...
~. L
r' .
.,..,...,......... ...",~ .,..".
Fets:
Permit
ZoniM'
Land Ml!mt
, U:se Tax .
\ Re\.ft Bond
, f
I ,
..1 '1 .... t' ....
000015
----
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...........'.".."..........,...
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,,;.,. ..'_',i,:.,... ,,":~ ....,
',if - "
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"',' ,0......
..... "~;;,.:::.':.:~!>:~.:'.-:~if:".:~:T:~...JPi;:~.,:~~~'i~~~;,.~~r';..~~~~~~*X.~~~,~~~~~r;1*I::~~
:..:,r""~~ .;
1~~~~1:~==~
:~lD ... "~~'-i -.r';M'~~;:;;;:1~ ~~.~~.~';....,
~ .~.ilIl...a-...IWI.II.
. .....iot._.,.:.._'.".,~'-.............._..':"'~-....".j.llilllili;'~U~ . ~~~~"~ii;'1iilJ~~j~~
....1
.. "',~'l"":~ ";
Ownec (OM 6ANt::p ID7Go~ ~I~' ~...o12'7.PhL.EAL- ~ZU:t2.'
. """. N;;e.-'.-'^'...".,-",..<~,c~,.'-,o'''~~;~~~~~;~''"'';':1?i~t~~"~.i~~~'!'i~:!,~id/,)~~..~1':'iPho~~-...iee..-3nb.'...
Cadr~; ~A.' N~1)!.~~. /~.'g"3'-1 ,.,(.,"~!'~"';
Name' . . .,.,...._-M:6g~"-'"-_.._~~""'"-'."".""'M...~;:..."'""-'flfi=""-"'t;'""""'"''''-'''''''''''::~G~
Sca})e~f.Work:
;,l't-
Type of. Worlq
-qj. Berms
~ Ponds .
tJ Trails
. I4/?/ i:1&>t:?
TQta1~J,lJ:' 14T?~
Max.'~." _.. 1t:J I
. ~ fteight: z;, '-
Cl Trenches
o UtiHties
O~...'''...,--
Tolal Cubic Yards (cut &: fill):
~~-:::=-~r' ....
'IyPeofmate1iaJ$.tQ..~~~~ .' ~JL-. .
Ma~.buughtfrom:~V? oil~aji":" .....,.,._'_.__._~-"'"..~._':~'~-:~."~,,:.."''""~.."''''.,-".'.
MaferialreIocahxifo:~l~.... .'. . .' ....
:::~\'tk\\_~~'~""~: ~'~"~~J'l~~~~
..................................(...~........................!!..........t.~~..~~.:::..t:..t.
I ..' ' . o-f~FO!tST~l!SJi.Qm.X:....." ..~;.;...~;:'y. .-;::,;
." ' <;~<"'.I.1"'.""'....)O
~
........\.,!Jr<..o'..;~!rl!'t':. ..
Initials
Date
..., I Perrriit II Permit.. ...
. Received. Issued.
11'{JY"Ir--} 11/.rn,~\:,
"",':;::-:.::;; -:::'.
II
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JJ::'-1 /I? ~'.:v:. · 1:::;" I~;'r' -. /P't>:' n ~~4-~,:~.:.J- L ~J
. Wi/I O~ . /,pj.f:lr;~.td tifCJA.. . <.r-'L:c-P..<c.. <.II .1J.J:J '. .~~..p ;..;..; _ 1.. r~'A. ,4. "'''""'.....
~i'l'nll-a.J' also l:tiUk:ll-ht:t:ttc/ '-'~ /yIyp +: d '-----'-lP-R f4LJe: .... .
~A c '< <,/)('JCi-:{...~CJd . A .,L,{p G" J#? f'~.rpt_~ -f c..A.{!c..' . .
r " . .. ..,. '. .. ... . ...'...,.....""...""..."..,......:.."".,
Permit
ZOnine r I l\
LaridM t
~~. ~ -
'. Rev 'Bond""- ...".~-ZbCJd.- ~ . ., 'Y---po.'.;..
~ ~(iL~_.._.-;~-::t:;;::::;~~:?d~.~..:,Jt.=-~-."---0.~.
'" ... ." .........". ~ . ..... .,.. ..... .............,........ ..'.':..,...........,..................."
000016
43.
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.~ :". .. ~+~~~.~.
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.......
ENARTECHlnc.
CQNSUL TIN(JEIlGi'NE~R$ANt1f{yCR'CfftHi(s'T$' ,
P.O,ORAWER'16o.'
G~ENWOOD SPRINGS; CdLt1RADO 87'602
(3/131945-2236
THOMAS SANDO PRO'PERiY
LOT 7, OWl CREEKRANCI-i '
POND ENLARGEMENT''''''
LOCA TION MAP - 5/15J200~:':
000017
11.'0.' I
OFFICE OF '.tHE S'.l'ATE :QI;~,- ..P.M$.ION Of.~. ..~
NAME'
. , 00.
, OIV.
, ntsT:
,. , "..'. '.
. ....! , : ~'" "OR" _.', h'
SPAce AeovE 'roR.PMSION . QF,.wA.TER ,RESOt:JR:SS USE' ONLY
, .. ... ~-'., '"" "".A ..... . .' . ..,' '", ,... .
... . ., .... A'OON . DlcrIONALWATER.'~"Sii<V...:J.v1<l!i 1/
terICE OF INrENT '1P ~. .... ....... ~~:_,:.... .......... .. .... "._., .... '''' ',. .' . ,.... .' ":o":c'r""-"::',
'nlis nQti9E! i~ required by law 'pursuanttoSection 37";87-125, C.R.S. (1984)
(Must be sul::mitted to. the Div!SionSriqineer 10 days prior to construction)
CMNER INFO~TIQN
." ..l:"\",_.>..........w.
:.. .~:,,~. . , .;, " ~.....c . .,':
Name Thomas Sando
Address 1214 0W:J,..,C;r;.e.~I@.Q9hRggg,
Str~t,P. O~ B6x ..
. "Rlircil. Route
, Aspen
CityjTown
co
StciT::e'
81611
...'.....'.'...-.."..z:rp-....CQde
Telephone:( 970 ) '923"::6629
Area' Code
. .: ~
Responsible Person Peter Belau, '?I1gineer,. Enartech, Inc.
Address
P.O. DJ:"awer" 160 ,~Ien.W<JOd Springs, CO 81602
Street ""City ", ., State
ZIP Code.
"H~,,:1'.1...;.,
STRtx:WRE'..INPOFMATION
Name of Dam:
OWl Creek Reservoir Pond No. 7
,
WATER .
DIVISION.
5
FO~R \~$
o:rsmcrr: " .~.
. ";'6":.;.'tt:i::i:',: .:..:,.
, P.M. . .Wl
ft., Length
5
190
, Twnshp. 10S
, Range 85W
Location: Qtr. Sect. NE/4 , seCt.
Height
12
V 3: 1
ft., Slopes:'U S
, DIS
3: i
Capaci ty
2.5
A.:F., Drainage Area
6
ft.~ Freeboard
19
2
Acres.
Spillway Width
Outlet Type . pine
ft. ,
, Size
6
+nc;;h~;t!it,_,"_.Ji?.~~f..!;Q.',p~t.<;g~~P,.NQ.. 91CW160, 95CW228, :"
Stream Name:
OWl Creek (off-channel)
cQ~~~J
.. Si.gnature of CMner
.. ..:.:1. ...,'.a'.,,,.,.;.;>~:.,,,,,.;
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E4JC..' rJ~ f1'yL OW
DIVISICN EN;~ REMMKS
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a'.._ ...,..~, --""." ~._."".,,,.~_,,""""'>.",_, .."",.."",.",,,,,,,.,,",,,,<.<:;.,.~,,,,,,,, '~'::J"''';:;'1.,., ......-.:,;,;;.~.:t\j~~~.;:<t..;-.lo,."'*:;\"'-,:.;~#i-..~l-'4~~,:::~
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....,.,"'.....;.,....' ii:';"-'I":;,;...ilr,",~,'~t/;':-.:..;.,;;,.""" ,;,;;-;"~,1'~'~~~
Division Engineer I s"Si~thre
]I Vertical height is 10 feet or less at longitudinal centerline of dam from lowest point
qround surface to flowline c~est of spillway, and' 20 surface acres or less at h~gh We
:~ .:",~'1'.~"T'"
line, and impounds 100 acre-feet or lEa$s of .wat;.er.,
0000lS
D;-ffi.~''i18 5'
. ,
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h,l!l1 IIII
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I
THOMAS SANDO POND .
LOT 7, OWL CREEK RANCH
CONSTRUCTION SPECIFICATIONS
ENARTECH, INC. - 05/15/2000
RETAIN FO '
PERMANENT
.il
1. Cut and fill material will be balanced; hauling soil onto or off of the site will not be
necessary.
2. The pond layout will be staked out on site by the Engineer. Earthwork will be adjusted
as directed by the Engineer to balance cut and fill quantities.
3. Topsoil shall be stripped and stockpiled.
4. All disturbed area . ove..Jb ater Itwel of the pon shall betopsoiled (with on-site
soil), seeded wi Co-op "Mountain Mix" native grass eed hand broadcast at a rate of
30 pounds/acre, r ed in arid mulched with certifi eed free straw mulch. The seed
. may be drill seeded an alternativ roadcast, raked and mulched.
5. The maximum height of the dam shall not exceed 10 feet, as measured from the lowest
existing ground elevation at the centerline of the dam axis. up to the crest of the
emergency spillway.
6. Dam embankment shall be installed in lifts, moistened to near optimum moisture and
compacted to 95 % of maximum Standard Proctor density.
7. Dam and pond side slopes will generally be 3: 1; some slopes will be flatter as directed
to conform with existing topography.
8. Backfill for any trenches excavated for outlet piping shall be compacted to 95 % of
maximum,Standard :Proctor density.
9. The 40-mil HDPE pond liner shall be installed in accordance with the manufacturer's
requirements, including recommendations for pipe boots.
10. The Contractor shall provide sufficient notice to the Geotechnical Engineer to allow
sampling for Proctor' density testing and for field density testing of the compacted fill
for the dam embankment.
11. The Engineer will submit an application for an Excavation Permit to Pitkin County.
00001-9
S'.,,,,',,,;
"-:",.,,,'a.,.,:,~...
THOMAS SANDO PROPERTY
LOT 7, OWL CREEK RANCH
PROPOSED PONDCONS.TRUCTION
DRAINAGE AND ~~OSI()N CONTROL PLAN
ENARTECH, INC. - 5/15/2000
1. Off-site runoff shall drain into the pond, which will provide stormwater detention to
allow any sediment in the water to settle out in the pond. Peak runoff during various
storm events is estimated as follows:
5-year storm:
lO-year storm:
25-year storm:
50-year storm:
100-year storm:
1. 0 cfs
1.9 cfs
4.8 cfs
6.5 cfs
8.4 cfs
2. The pond's emergency spillway will discharge flows in excess of the peak runoff from
a 1 DO-year storm event.
3. Straw or hay bales will be placed at any stormwater runoff points of concentration as
necessary to prevent erosion and sedimentation.
4. Install silt fence along the downhill edge of the area to be disturbed by construction.
Silt fence shall be staked every six feet and buried six inches at the bottom of the fence.
5. The area of disturbance will be minimized. All disturbed areas shall be revegetated as
soon as conditions allow in accordance with the Construction Specifications.
FUGITIVE DUST CONTROL PLAN
1. Cut and fill material will be balanced; hauling soil onto or off the site will not be
necessary.
2. Disturbed areas shall be sprayed with water as necessary to prevent dust from blowing
off the construction site.
000020
APPENDIX 3
Activity Envelope and Site Plan
000021
,-...
^'
LARGE PLAT(S)
A V AILIBLE AT
COMMUNTITY DEVELOPMENT
APPENDIX 4
Proof of Ownership
000022
~
Land Title
{jUARANTEE COMPANY
Land Title Guarantee Company
CUSTOMER DISTRIBUTION
Date: 03-14-2007
Our Order Number: QOE62000149
Property Address:
1214 OWL CREEK RANCH ROAD SNOWMASS VILLAGE, CO 81615
If you have any inquiries or require further assistance, please contact one of the numbers below:
For Title Assistance:
Aspen Title "QOE" Unit
533 E HOPKINS #102
ASPEN. CO 81611
Phone: 970-925-1678
Fax: 970-925-6243
RHONDA BAZIL PC
632 E. HOPKINS
ASPEN, CO 81611
Attn: RHONDA BAZIL
Phone: 970-925-7171
Fax: 970-925-4668
Copies: 1
EMail: rjbazil@sopris.net
Sent Via EMail
000023
LAND TITLE GUARANTEE COMPANY
PROPERTY REPORT
Our Order No.
QOE62000149
Cust. Ref:
This report is based on a search made of documents affecting the record title to the property described hereinafter,
searched by legal description and by the names of the record owners. The information as to record owner is
taken from the most recent recorded Vesting Deed. No information is furnished relative to easements, covenants,
conditions and restrictions.
Liability of Land Title Guarantee Company under this Property Report is limited to the fee received.
Prepared For:
This Report is dated:
February 13, 2007 at 5:00 P.M.
Address:
1214 OWL CREEK RANCH ROAD SNOWMASS VILLAGE, CO 81615
Legal Description:
LOT 7, ACCORDING TO THE FINAL PLAT OF OWL CREEK RANCH, RECORDED MARCH 16, 1987
IN PLAT BOOK 19 AT PAGE 45.
COUNTY OF PITKIN, STATE OF COLORADO.
Record Owner:
LOIS L. SANDO AND THOMAS C. SANDO
We find the following documents of record affecting subject property:
THERE ARE NONE.
000024.
Our Order No. QOE62000149
LEGAL DESCRIPTION
LOT 7, ACCORDING TO THE FINAL PLAT OF OWL CREEK RANCH, RECORDED MARCH 16, 1987
IN PLAT BOOK 19 AT PAGE 45.
COUNTY OF PITKIN. STATE OF COLORADO.
00002.5
".Il,. ,j;l!i"'.I~I.I::"'I;I~I".IIJ,!",'II!'I'!l
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APPENDIX 5
Fee Agreement
.' 000026
PITKJN COUNTY COMMUNITY DEVELOPMENT DEI>ARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICA nON fEES
PITKIN COUNTY (hereinafter "COUNTY") and Tom and Lois Sando
(hereinafter "APPLICANT") AGREE AS FOLLOWS:
I. APPLICANT has submitted to COUNTY an application for _M.in()E-~endment~<:._a.~
Developmen t Permit (hereinafter. the "PROJECT").
, APPLICANT understands and agrees that Pitkin Counl)' Ordinance No, 32-2002 establishes a lee
structure tor land use applicalions and the p.'1ymel1l of all processing fees is a condition precedenllo a delermination of
application completeness. The fee Sln.cture is baSed onlne COU\lY'S policy that developmelll shall pay. in fuU, the
cost of development review in the COUNTY. Fees have becn set 10 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 lhat because of the size. nature or scope of the proposed PROJECT. il
may not be possible althe time ofapplicalion to a..'lCerrain the full extent of the costs involved in processing the
application.
4. A f>J'L1CANI and CUl!l', I)' agree that tees charged tor the processmg 01 land use applications shall
<!(Xumufalc if an applicat.ion includes more than olle type of land use review.
5. COUNTY and APPLICANT further agree that II is impraclk'<lble for COUNTY slaffto complete
processing or present sufficient information to thc Planning Commission andlor Board of County Commissioners 10
enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project
approval. unless current billings are paid in fun prior to decision.
Cind" Hauben
CommUnit)' Development Director
6. Therefore. APPLICANT agrees that in eonsid"1"3lion of the COUNTY'S waiv'er of its righlto collect filiI
Ices prior to a detennination of application completeness. APPLICANT shall pay a base tee in the amount 01'$_693.00
which is based on ....J hours of slaff time. and if actual lime spent by staff to process the application exceeds the average
Humber of hours by more than 20%. then lhe COliNTY will bill the AI'PL/C ANT qu.arterly for the additional time spen!.
Such periodic payments shall be madc within 30 days of the billing dale. APPLICANT fut1hcr agrees that failurc 10 pay
such accrued cost:> shall be grounds for suspension of processing. ~
PITKIN COUNT\' ~UlU ana .L.~ Sando !' /
(".\PPLlC~r'A / Cl)~ cJ: ~
By, t-m-45 ~s.wlo brs L. 0tkMdc
Print Name and Title (if applicable)
Dare: March 7, 2007
Mailing Address: 1214 0"; i L:reek Ranch Road
Aspen, Color~~oii
'-
000027
. : 000028
APPENDIX 6
Consent from Owners and Owl Creek Ranch Homeowners'
Association
I'I,IIII"IH"III';I
Tom and Lois Sando
1214 Owl Creek Ranch Road
Aspen, Colorado 81611
March 7, 2007
Mr. Mike Kraemer
Pitkin County Community Development
130 S. Galena Street
Aspen, Colorado
Re: Minor Amendment to a Development Permit, Lot 7, Owl Creek Ranch
Subdivision
Dear Mr. Kraemer:
This letter shall serve as authorization for Rhonda J. Bazil, P.C. to process the
above-referenced land use application and to represent us on this matter.
Sinc
;i
il
L
Tom SandO"
" 000029
of<40O<:x::I~
Lois Sando
APR-30-07 02:00 PM REAL ESTATE AFF
970 925 4530
P.01
Owl Oeek Roilnch HOlnltownets' Association
r.o. Box 291.4
Bil~alt, CO 81.821
(970) 92.5-4530
April 30, 2007
::r",ir - Mike Kraemer
Pitkin COW'lty Communi":y Developm.ent
130 S. ~a]ena. Street
Aspen. Colorado 81611
Re~ Application of Ton'. and Lui!) S~ndo
D~~:\.1r, K..Tap.mer~
The Owl Cr€ek Ranch Homl=>oi""I1erS' Association has revil3'Wect ar.d
approveci the Miner Amendment to a t'J~... elopnumt Permit and the plans a.nd.
il'pEl<.:if;(,"l!!ltinns fdr the COnBtruetion of a third pond on Lot 7,O\vl Creek Ranch
P.U.D as prOpost:d by MI'. al'\d Mrs. 10m Sand.o. To the lilx:tent ne('~"~1"lty to
eviCl.Ql'l~e the approv~ll of th: use of the Association's ;\--ate:t: right for the pond,
the f\.$so('i~tion agrees to be il cu-appl)\'o'Illt. and authoti:es Rhonda J. Bazii, p.e.
l.o represent it c:m this m..\ttel:'.
, ".,.....
Sin.C:!.Tc!Y, / #.
./ '( ....
()J (.;~
C. A. Vidal, Manager
.. ~.
000.O,3'Q
""""""""""'1.1.''''''''..1'','.'
APPENDIX 7
PreappIication Conference Summary
000031
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
PROJECT: Minor Amendment to a Development Permit
LOCATION: Lot 7, Owl Creek Ranch
ZONING: AR-IO
OWNERS: Thomas Sando
PID# 2643-324-01-007
SIZE: 62 acres
PHONE and EMAIL: 923-6629
t~.illlf.I.Q@.l.XHt9.,.9..9.m
REPRESENTATIVE: Self
DATE: February 12,2007
PLANNER: Mike Kraemer, 920.5482
Type of Application: Minor Amendment to a Development permit
Description of Project/Development: The Applicant is requesting approval to amend a previously approved building
envelope for construction of a pond.
Land Use Code Sections to be addressed in letter ofreauest (annlication):
Sec. 2-20-150: Minor Amendments to a Development Permit
Sec. 7-20-20: Steep and Potentially Unstable Slopes;
Staff will refer the application to the following agencies: Owl Creek Ranch HOA. J ~(<A. 'f)~\ ~ ~~~
Review by: Community Development Director
Public Hearing: No.
FEES: $693 (make check payable to "Pitkin County Treasurer")
· Planning Office flat fee: $693 (non-refundable; based on 3 hours of staff time for review); if staff review time exceeds 3.2 hours,
the Applicant will be charged for additional time above 3 hours at a rate of $231/hour)
To apply, submit 2 conies 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. 24" by 36" Activity Envelope and Site Plan as designated in Section 2.1.1 and 2.1.12 of the Pitkin County Land Use
Application Manual;
3. Previous Land Use Approvals (if applicable);
4. Proof of ownership of subject property;
5. Parcel description, including legal description and vicinity map;
6. Total fee for review of the application;
7. Signed fee agreement (1 copy);
8. Consent from owner(s) to process application and authorizing the representative (1 copy)
9. Copy of this preapp form (2 copy)
NOTES:
~ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COpy OF YOUR COMPLETE APPLICATION PLEASE SUBMIT TWO-
SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE
INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION
~ ALL MAPS SHALL BE FOLDED.
000032
...."""""..".."
~ This pre-application co'?frrence summary is advisory in nature and not binding on the County. The iriformation provided in this
summary is based on current zoning standards and staff's interpretations based upon representations of the applicant.
Additional iriformation may be required upon a complete review of the application.
000033
. 000034
APPENDIX 8
Final Plat for Owl Creek Ranch Homeowners' Association
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~
'^',
LARGE PLAT(S)
A V AILIBLE AT
COMMUNTITY DEVELOPMENT
000035
APPENDIX 9
Water Court Decree issued in Case No. 91CW160
,
DISTRICT COURT, WATER DIVISION NO.5, COLORADO
Case No. 91 CW 160
RULING OF REFEREE
CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
Owl Creek Ranch Homeowner's Association, in Pitkin County.
The above entitled Application was referred to the undersigned
as Water Referee for Water Division NO.5, State of Colorado, by
the Water Judge of said Court in accordance with Article 92 of
Chapter 37, Colorado Revised Statutes 1973, known as the Water
Right Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations as
are necessary to determine whether or not the statements in the
Application are true and having become fully advised with respect
to the subject matter of the Application, does hereby make the
following determination and Ruling as the Referee in this matter,
to 'Y\Tit:
1. The statements in the Application are true.
2. The names of the structures involved are:
Reservoir.
Owl Creek
3. The name and address of the applicant:
~l Creek Ranch Homeowner's ASSOciation
P.O. Box 3159
Aspen, Colorado 81612
4. The source of the water for all of the structures is Owl
Creek,. Spring Creek and West Willow- Creek, tributaries to the
Roaring Fork River.
5. Legal description of the point of diversion: The dam of
the Owl Creek Reservoir is located in the Southwest Quarter of the
Southeast Quarter of Section 33, Township 9 South, Range 85 West of
the 6th principal meridian beginning at the East abutment of the
dam 'Whence the Southeast corner of said Section 33 bears South 80'
East 2,200' with the axis of the dam bearing North 10' West 550'.
6.
1974.
The date of initiation of appropriation is November 1,
(.
7.
The am~nt of water claimed is 800 aCre feet.
I
/
00003~ .
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APPLICATION FOR CHANGE OF WATER RIGHTS
Case No. 91 CW 160
8. The use of the water is domestic, irrigation, recreation,
fish and wildlife propagation, sno~aking, commercial,
manufacturing, all municipal uses, including ~ithout limitation,
irrigation, domestic, manUfacturing, commercial, industrial,
mechanical, power generation, fire protection, fiah and wildlife
propagation, recreation, aesthetic and any and all beneficial uses,
together with the right to reuse and/or totally consume the water
in connection with any and all uses herein, provided that the right
to reuse the water shall be limited to land treatment uses or any
other use that can be made of said water prior to relinquishing
control of it and its return to the natural stream.
9. Change; Applicant, as owner of 100 acre-feet of the BOO
acre-foot reservoir, intends to change the location of 100 acre-
feet of the proposed reservoir to ten separate ten acre foot ponds
on each of the lots within the Owl Creek Ranch Subdivision as shown
on the map attached hereto as Exhibit "A".
The legal description of the dam for each pond is as follows:
A. Pond No.1: SWt of NEt, Section 4, T.lO S., R.BS W.,
6th P.M. 1,500 feet south of north section line, 2,450 feet
west of east section line.
B. Pond No.2: NWi of NEt, Section 4, T.IO S., R.BS
W., 6th P.M. 300 feet south of north section line, 2,000 feet
west of east section line~
c. Pond No.3: SEt of SEt, Section 33, T.9 S., R.B5
W., 6th P.M. 600 feet north of south section line, 450 feet
west of east section line.
o. Pond No. 4~ NWi of SEt, Section 33, T.9 S., R.BS
W., 6th P.M. 1,900 feet north of south section line, 2,100
feet west of east section line.
E. Pond NO.5: SEt of SWi, Section 33, T.9 S., R.BS
W., 6th P.M. 250 feet north of south section line, 1,600 feet
east of west section line.
F. Pond No.6: NWt of NWi, Section 4, T.IO S., R.8S
W., 6th P.M. 150 feet south of north section line, 650 feet
east of west section line.
(
G. Pond No.7: NEt of NEt, Section 5, T.10 S., R.BS
W., 6th P.M. 850 feet south of north section line, 50 feet
west of east section line.
2
I
/
0000'37
90/~0'd
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OJ "'" ., """""";'~""II...."'IO,,'i'"''''''W''''.'''''''<''I'''';,"'''.,
APPLICATION FOR CHANGE OF WATER RIGHTS
Case No. 91 CW 160
H. Pond NO.8: NWl of NEir Section 5, T.lO S., R.8S
W., 6th P.M. 400 feet south of north section line, 1,500 feet
west of east section line.
I. Pond No.9: NWi of NEt, Section 5, T.lO S., R.8S
w., 6th P.M. 1,000 feet south of north section line, 1,800
feet west of east section line.
J. Pond No. 10: SW! of NEt, Section 5, T.I0 S., R.8S
W., 6th P.M. 2,050 feet south of north section line, 2,400
feet west of east section line.
10. The Applicant and objector East Owl Creek Ranch
Homeowner's Association entered into a Stipulation, the terms of
which are incorporated into this Ruling of Referee as follows:
A. Notwithstanding the fact that the Owl Creek
Reservoir is senior to the Mitchell Pond No.1 decreed in Case
No. 83 CW 283 and the Mitchell Pond No. 1 First Enlargement
decreed in Case No. 88 cw 343 (both the Mitchell Pond No. 1
and the Mitchell Pond ~o. 1 First Enlargement are hereinafter
referred to as the "Mitchell Pond"), Applicant agrees to
subordinate its priority to the domestic uses associated with
the ~tchell Pond.
B. The subordination of the OWl Creek Reservoir to the
~tchell Pond will be effectuated by:
i. Filling the Mitchell Pond before filling the
Owl Creek Reservoir;
~~. Maintaining the Mitchell Pond storage level
before maintaining the OWl Creek Reservoir storage
levels;
iii. Discontinuing diversions into the OWl Creek
Reservoir during such time as the State Engineer
orders releases from the ~tchell Pond; and
iv. Releasing water from the OWl Creek Reservoir
during such time as the State Engineer orders
releases from the Mitchell. Pond but these releases
will be made from the Owl Creek Reservoir only if
the Mitchell Pond is incapable of prOviding the
required releases.
(~,
5 C:\WP5J.\OWLCRQX\RU1.INr:
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000038
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...
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....
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EXHIBIT B
~J l~nOJ OJ~~8
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, 90' d itJ1OJ.
APPLICATION FOR CHANGE OF WATER RIGHTS
Case No. 91 CW 160
The Referee does therefore conclude that the above-entitled
application should be granted and that 100 acre-feet of water from
the OWl Creek Reservoir shall be changed to the locations set forth
in paragraph 9 above.
It is accordingly ORDERED that this ruling shall be filed with
the Water Clerk subject to judicial review.
It is further ORDERED that a copy of this
filed with the appropriate Division Engineer
Engineer.
Dated this ,.(J7-?5' day of ~~ JeJ
ruling shall be
and the State
, 1993.
',,;opy -:.'; .:'~-:; iOn;;gOj!)a~~I;; (~all
:.;,:;~n~". . <::.:'wd"-\Na.,<~y"
'.~~r.~':"" .;. v-: , . ::yn.c.e~--'; ',j
s~.{:'::::-: ..,',:...,.";',,^: ., i2'5()/93
:Z~)j;;;~ '. ,
I;""", c,~r'.:;V' ". '.. t?'" i~
BY THE REFEREE:
~J~
Water Referee
Water Division No. 5
State of Colorado
No protest was filed in this matter. The foregoing Ruling is
confirmed and approved, and is made the Judgment and Decree of this
Court.
Dated this
. ".,/
.~;:~ .~.I>
,,' -. ,:/ ~
day of r( Y~c=:::'-,-,
, 1993.
, ,. -:?;.>~// ',....': r/~>' ,,/
( /<:'~~. (-<..-: (~~
' Water Judge \,
(-
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,"
.......
5.C'\WP51\OWLCRB2K\RULIRQ
4
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"" '",;..' "_'!li'll,( III' I.'" '\fIl~~'I!IIUl~-"lIj'll"'MIl,.('-i.lII'""'~."'~V'llJ'.I!Itlllllllll'
APPENDIX 10
Schematic Pond Layout
0000'1
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APPENDIX 11
Protective Covenants
'"" .
, ,~ .
0000'3
4
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BOOK 5~31 PAGE 42:3
ARTICLE VII
Easem~ Reserved
Creek Ranch are subject to any and all easements described on the
1. Easements Described on Plat. The lands within the Owl
recorded plat of the Owl Creek Ranch.
2.
Utility Easements Reserved.
There are hereby created
and reserved perpetual easements twenty (20) feet in width for
enlarging and repairing electric, telephone, water, irrigation,
the purpose of constructing, maintaining, operating, replacing,
di tches and conduits.
sewer, gas, cable televisions and similar lines, pipes, wires,
these easements or portions thereof across any portions of any of
Hi tchell reserves the right to locate
Creek Ranch if such is c1""emed necessary ::0r t.::o most effJ.cient
the Lots, the Open Space Parcel or any other portions of the Owl
and expeditious running of the utili ties, provided in no event
shall any such easement run through a Building Site or across any
the Architectural Committee to construct improvements.
area of a Lot wherein which an owner has received approval from
respect to the utilization of any easement on any Lot reserved
With
hereunder, the easement shall be deemed an as-built easement at
such time as any utili ties are constructed pursuant to these
easements reserved; and, the easements reserved hereunder shall
"L
be deemed located ten feet (10') on either side of the utility
lines :as-built and the remainder of the Lot shall thereafter be
unburdened by this reservation.
" 0000'4
I
/
Page 33
"""""""."".""'''"'''''_'''".,.-..^-".."_.,~"..."""",.~.,,,'........
.
Hitchell
BOal{ 531 p~GE424
hereby
also
reserves
an
access
and
.............
construction easement over, on and across the Open Space Parcel
improvements.
and repainng a reservoir and accessory water reservoir system
as required for constructing, maintaining, operating, replacing
3.
Easements
for
Continued
A9'ricultural
Operations,
Irriq~tion Easements and Rights Reserved.
There are hereby
irrigated lands in accordance with paragraph 3, Article V of
on attached Exhibit "A" for the maintenance and operation of the
created and reserved perpetual easements across the IL indicated
these covenants. There are hereby created and reserved perpetual
the line 0 f a 11 i rr ig a tion di tches pre sen U y in exi s tence ,or
easements across all of the lands in the Owl Creek Ranch along
hereafter constructed, as may be necessary for the preservation
of
agricultural
operations~
f:::
. ,
;::~ e
purpOS~;i)
or
the
irrigation ditches.
construction, repair, replacement, maintenance and operation of
In conjunction therewi th Mitchell shall be
entitled to construct and run waterlines and water systems across
of water and water rights and for the preservation and
Creek Ranch deemed necessary for the most efficient conservation
any portion of any and all Lots or any other portions of the OWl
utilizaUon of all water rights associated with the IL and the
agri,cultural operations.
There are hereby created and reserved
perpetual easements along and over the presently existing ranch
roads and OVer and across any porUons of the Owl Creek Ranch
\
......". ~....
necessary
for the purpose of conducting
and' preserving
!
the
0000'5
Page 34
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0000'7
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APPENDIX 12
Wright Water Engineers, Inc. Irrigated Lands Letter
04/30/2007 15:59
19709459210
l-<Jl-<JE GV-.IS
PAGE 01/02
\W\IE
Wriaht Water Enaineers. Inc.
818 Colorado Avenue, Suite 307, P.O. Box 219
Glenwood Springs, Colorado 81602
(970) 945.7755 TEL
(970) 945.9210 FAX
www.wrightwater.com
a-mail: blorah@wrightwater.com
April 30, 2007
Via Facsimile & First Class Mail
Rhonda J. Bazil, Esq.
Rhonda J. BaziJ, PC
632 East Hopkins Avenue
Aspen, CO 81611
Re: Lot 7 Owl Creek Ranch - Irrigation Acreage
Dear Ms. Bazil:
Based on surveyed information, Wright Water Engineers, Inc. (WWE) had determined that the
acreage taken out of irrigation (existing and proposed) on Lot 7 of the Owl Creek Ranch will be
less than 9 percent of the land historically irrigated on Lot 7 prior to the subdivision
development.
In 1984, WWE prepared a map entitled "Historically Irrigated Lands Owl Creek Ranch, Pitkin
County, Colorado". This map became Exhibit A, a part of the protective covenants of the P.D.D.
The map shows that approximately 19.6 acres of the 62-acre Lot 7 were historically irrigated.
Two ponds have been constructed on Lot 7. These ponds were surveyed, after construction, by
High Country Engineers and documented in a December 20, 2000 drawing entitled "Pond 7 A
and 7B: Partial Topographic Survey". The drawing described the surface areas and volumes as
follows.
Pond
7A
78
Surface
Area
0.24 AC
0.12 AC
Volume
1.138 AF
0.280 AF
In addition to the ponds, the property has an entry driveway 750 feet long and 13 feet wide that
was constructed in historically irrigated land. This driveway resulted in a reduction of 0.17 acres
of historically irrigated land
The Current owners of Lot 7, Tom and Lois Sando, plan to construct a third pond. Greg Mozian
and Associates have designed the pond and have prepared a schematic plan layout dated
January 16, 2007, which plan shows a water surface area of 1.15 acres.
The two existing ponds, the entrance road, and the proposed pond are all located on lands that
were historically irrigated. The total acreage that will be taken out of irrigation for these ponds
and road totals 1.68 acres. This is 8.6 percent of the historically irrigated land on Lot 7.
DENVER
(303) 480-1700 TEL (303) 480-1020 FAX
DURANGO
(970) 259-7411 TEL (970) 259-8758 FAX
, " OOOO~S
~ . 0000'9
04/30/2007 15:59
19709459210
WI;,,1E GI;,15
PAGE 02/02
Rhonda 1. Bazil, Esq.
April 30, 2007
Page 2
Thus the land that has been, and is proposed to be, taken out of irrigation by development of
Lot 7 is less than the maximum amount allowed (9 percent) by the protective covenants. At least
91.4 percent of the historically irrigated land is still available to be irrigated by the Willow and
Owl Ditch and by water from the created ponds.
Please do not hesitate to call if you have any questions.
Very truly yours,
WRIGHT WATER ENGINEERS, INe.
BY~ ~. ~tr'd
William L. Lorah, P .E.
Senior Consultant
cc: Tom and Lois Sando
C:\_ WORK\WWE\071-030\OOOmo\Letter to BaziLda<:
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
May 15, 2007
Thomas Sando
1214 Owl Creek Ranch
Aspen, CO 81611
Tsando @mac.com
Re: Sando Minor Amendment to a Development Permit
(CASE P061-07; PID 2643-324-001-007)
Dear Mr. Sando:
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 ofthe review will request the information from you directly.
If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482.
Sincerely,
Bonnie Waechtler
Administrative Assistant
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Owl Creek Ranch Road
Pitkin County Engineer
FROM:
Mike Kraemer, Community Development Department
Re:
Sando Minor Amendment to a Development Permit
(PID 2643-324-01-007; Case P061-07)
DATE:
May 15, 2007
Attached for your review and comments are materials for an application submitted by
Thomas Sando. The Pitkin County Community Development Director will review the
application.
Please return your comments to me by Friday, June 22,2007.
htto://WWw.asoenoitkin.com/odfs/deotsl7/P061 07 aDD.Ddf
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY
DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
",'. 1J"""""'"''''''''''''.~;i,: 1;'''''''''~''''HI''.I'j'JI\..I','',L''.,,,
!JJ I!., ,,"III
-
~(;f;J7t:~J C
...:J
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To:
Mike Kramer
FROM:
Catherine Berg, Planning Engineer
Re:
Sando Minor Amendment to a Development Permit
DATE:
June 22, 2007
The applicant would need to apply for earthmoving permit prior to any excavation or dirt
work. The earthmoving permit should include a construction management plan and
drainage and erosion control plan.
If required the applicant should apply for and have approved Army Corps permits.
Stocked ponds that are hydraulically connected to streams and or ditches should have a
properly designed biofiltration at all outflow points.
A revegetation plan is required.
If development disturbs over one (1) acre of land a SMWP permit should be obtained
prior to issuance of development permit.
-
Michael Kraemer
From:
Sent:
To:
Cc:
Subject:
Carrington Brown
Tuesday, May 08, 2007 3: 1 0 PM
'tsando@mac.com'
Lance Clarke; John Ely; Michael Kraemer
RE: Response to your e-mail
Dear Mr. Sando,
Pitkin County Community Development staff and I discussed your situation on Monday. My
letter via e-mail to you later on Monday May 7,2007 reflects that discussion in that we do
not agree that your driveway, which crosses an open and relatively level field, can
reasonably need safety lighting. Although I did say to you that motion detector activation
of the driveway lights would be a solution, I have been overruled. In order for your
property to be in compliance the driveway lights must be either permanently disabled or
the County Commissioners could direct another solution via an appeal, which you would need
to initiate.
The appeal process is available to citizens who disagree with a County staff decision and
I encourage you to consider it. If you wish to appeal, your request must be made to Lance
Clark of Pitkin County Community Development by 5/15/07, ie: within 15 days of the
original Notice of Violation. Your attorney, Rhonda Bazil may be familiar with the
process. Lance Clark's contact number is 970-920-5452.
Sincerely,
Carrington Brown
Pitkin County Code Compliance Investigator
970-429-2814
970-379-6872
-----Original Message-----
From: Thomas Sando [mailto:tsando@mac.comJ
Sent: Monday, May 07, 2007 5:42 PM
To: Carrington Brown
Subject: Re: Response to your e-mail
Dear Carrington:
I will instal a "motion Detector" system on my driveway lights per your our
conversation last week and your recent letter. Will this put my home 'in compliance?
Again, thanks for the help.
Tom
On May 7, 2007, at 2:05 PM, Carrington Brown wrote:
,> <NOV response 5.7.7.doc>
1
~r
Page 1 of3
"
Michael Kraemer
From: Carrington Brown
Sent: Thursday, May 03, 2007 3:24 PM
To: Michael Kraemer
Subject: RE: Code section
The NOV is not cured although technically speaking his lights are now off and in compliance with code.
Sando and I agreed that he will write me a letter acknowledging that 1) the landscape lights are in violation
(although he did not know they were) and he will permanently disable them, 2) the driveway lights are in violation
and he will propose to us that he needs them for safety reasons and will put them on a combination of a motion
detector/computer timer so they will be illuminated only when there is a auto using the driveway 3) he will ensure
the safety lighting around the existing pond and house will meet code requirements. I will respond in writing to his
letter to say that his NOV is cured, once we have settled on the driveway light solution and that solution is agreed
to in writing by him.
I told him that 1) his pond application would be put in the "q" but nothing would proceed on it until this NOV is
cured. 2) that maybe I would consider the NOV cured before all work completed, if the written agreement
stipulated a completion date that we all agree on. 3) That an application can take 2-4 weeks or more so potentially
this NOV could be cured before he would lose any time outside of the normal process.
-C
Carrington Brown
Pitkin County Code Enforcement Officer
970-429-2814
970-379-6872
From: Michael Kraemer
Sent: Thursday, May 03, 2007 3:04 PM
To: Carrington Brown
Subject: FW: Code section
is this true?
From: Rhonda Bazil [mailto:rjbazil@sopris.net]
Sent: Thursday, May 03, 2007 2:49 PM
To: Michael Kraemer
Subject: RE: Code section
'~~,.--.,.--.
Michael:
Thanks for the code cite. In the meantime, Tom Sando and Carrington Brown met on the property and Tom's
lights are now in compliance as he has permanently di.sabled the lighting. Carrington informed Tom that he would
notify you, so let me know if there is anything else we need to follow up on.
I have attached electronic versions of the pond site plan and the activity envelope for your records.
5/9/2007
Page 2 of3
'....
Rhonda J. Bazil, Esq.
Rhonda J. Bazil, P.C.
632 East Hopkins Avenue
Aspen, CO 81611
(970) 925-7171
(970) 925-4668
CONFIDENTIALITY NOTICE: This message is confidential and may be privileged.
If you believe that this e-mail has been sent to you in error, please reply
to the sender that you received the message in error; then please delete this
e-mail.
From: Michael Kraemer [mailto:michaelk@co.pitkin.co.us]
Sent: Thursday, May 03,2007 11:54 AM
To: rjbazil@sopris.net
Subject: Code section
Rhonda,
Check out section 10-30-40(c) at the link below:
htto://www.asoenoitkin.com/deots/71/
Mike
Mike Kraemer
Planner
Community Development Department
Pitkin County
5/9/2007
.;
Page 3 of3
130 S. Galena Street Aspen, CO 81611
970.920.5526(phone) 970.920,5439(fax)
michaelk@co.oitkin.co.us
5/9/2007
Page 1 of3
Michael Kraemer
From: Carrington Brown
Sent: Thursday, May 03,20073:24 PM
To: Michael Kraemer
Subject: RE: Code section
The NOV is not cured although technically speaking his lights are now off and in compliance with code.
Sando and I agreed that he will write me a letter acknowledging that 1) the landscape lights are in violation
(although he did not know they were) and he will permanently disable them, 2) the driveway lights are in violation
and he will propose to us that he needs them for safety reasons and will put them on a combination of a motion
detector/~mputer timer so they will be illuminated only when there is a auto using the driveway 3) he will ensure
the safety lighting around the existing pond and house will meet code requirements. I will respond in writing to his
letter to say that his NOV is cured, once we have settled on the driveway light solution and that solution is agreed
to in writing by him.
I told him that 1) his pond application would be put in the "q" but nothing would proceed on it until this NOV is
cured. 2) that maybe I would consider the NOV cured before all work completed, if the written agreement
stipulated a completion date that we all agree on. 3) That an application can take 2-4 weeks or more so potentially
this NOV could be cured before he would lose any time outside of the normal process.
-C
Carrington Brown
Pitkin County Code Enforcement Officer
970-429-2814
970-379-6872
From: Michael Kraemer
Sent: Thursday, May 03, 2007 3:04 PM
To: Carrington Brown
Subject: FW:Code section
is this true?
From: Rhonda Bazil [mailto:rjbazil@sopris.net]
Sent: Thursday, May 03, 2007 2:49 PM
To: Michael Kraemer
Subject: RE: Code section
Michael:
Thanks for the code cite. In the meantime, Tom Sando and Carrington Brown met on the property and Tom's
lights are now in compliance as he has permanently disabled the lighting. Carrington informed Tom that he would
notify you, so let me know if there is anything else we need to follow up on.
I have attached electronic versions of the pond site plan and the activity envelope for your records.
5/4/2007
Page 2 of3
Rhonda J. Bazil, Esq.
Rhonda J. Bazil, P.C.
632 East Hopkins Avenue
Aspen, CO 81611
(970) 925-7171
(970) 925-4668
CONFIDENTIALITY NOTICE: This message is confidential and may be privileged.
If you believe that this e-mail has been sent to you in error, please reply
to the sender that you received the message in error; then please delete this
e-mail. '
From: Michael Kraemer [mailto:michaelk@co.pitkin.co.us]
Sent: Thursday, May 03,200711:54 AM
To: rjbazil@sopris.net
Subject: Code section
Rhonda,
Check out section 10-30-40(c) at the link below:
htto:/Iwww.asoenoitkin.com/deots/71L
Mike
Mike Kraemer
Planner
Community Development Department
Pitkin County
5/4/2007
'20
r" . . . ..... .~
COMMUNITY DEVELOPMEN'J." D~PA.R'l~ttENT
130 South Galena Street.
Aspen, Colorado 81611
(970)920...5526
Pitkin C()unty
Land 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:
Airport
County Clerk
County Engineer
Environmental Health
Historic
Housing
Land Management
Redstone HPC
Wildlife Officer
NAME:
ADDRESS/PROJECT:
l:'\ ~~/ )'1
170
105
120
195
115
150
110
130
152
158
210
LUCOl
211
194
208
198
190
209
206
Building Fees:
Board of Appeals
Building Permit
Electrical Permit
Energy Code Review
Mechanical Permit
Plan Check
PlurnbingPermit
Reinspection
A VFD Fire Marshal
BFD Fire Marshal
Other Fees:
Use Tax
Copy
Master Plan Copy
Park Dedication
GIS Req,uirements
Housing Impact Fee
Road Impact Fee
School Impact Fee
-LC)
Q-
r;;,
/"
\.
A
'-"0
155
165
PZ005
185
IS
161
B1202
B1203
TOTAL
PHONE:
CHECK#
CASE/PERMIT#:
DATE: ./
. INITIAL:
I I I I IIII
SANSANDO _1,1 (."171,177Y ENVEL OPE AND S J�,` '.LAN'
LOT 7
OWL CREEK RANCH
PITKIN CQ LINT Y, COLORADO
" bo
x-172 ,r C
166".
16
A62
POND
160
158 %J �l �!rr •' ,� 'I —--*7
CONC. 08�'�`;'� `
PARKING HOUSE
°6TLEECON
.144
PARKING +
HOUSE
PATIO
1400.00'
e/' [ Y (T1� / r� / ��"/ :� r PATIO
GRAVEL
f
C 200 40U S00 b ca /y DRIVEWAY
1„ IQ
400' a ' / / '� /
PATIO POND
40 AC,31;
114— — .1 � \ ` � , \ ` '
1 1 �
12,
j
REBAR AND YPC
LS# 19598
PROPOSED POND
Lbpt
/ ✓ �' / /
CURVE TABLE e ��
AC4S
AO'US ANC+ENT CHDRi $CARING i1ELTA y
i3 0O 4M 4 4 Uv'tl'W 4 1' / i' Oil
/
t 3.i4 44 , tl 34jS S�'1 •E • � '
cz
f .65i.4 I♦dD'20'17* -.74 01.®2 i til `00'34"
VICINITY MAF
I t'=20001
I LOT 7
x
CREEK RD
� \82
�O
REBAR AND YPC
LS# 20151
ASSUMED ELE=107 L '93, 8
.74 / / - L13
REBAR AND YPC
LS# 20151
PARCEL ID: 264332401007
0 25 50 100
1" = 50'
NOTES:
1) LEGAL DESCRIPTION:
LOT 7, OWL CREEK RANCH, ACCORDING TO THE FINAL PLAT RECORDED MARCH 16,
1987 IN PLAT BOOK 19 AT PAGE 45 IN THE COUNTY OF PITKIN, STATE OF
COLORADO.
2) CONTOUR INTERVAL IS TWO (2) FEET, ASSUMED ELEVA110Nz107.00' AT THE S.W.
PROPERTY CORNER.
3) DEVELOPMENT OUTSIDE THE ACTIVITY ENVELOPE IS PROHIBITED.
LEGEND
--x--- rc FENCE LINE
FIRE HYDRANT
SLOPES 0% < 15%
SLOPES 15% < 30%
+.�t+
+ + 4 + + + - SLOPES 30% < 45%
ACTIVITY ENVELOPE
LINE TABLE
LINE
LENGTH
.BEARING
L1
207.77
N11033'00'E
L2
60819
N30°58'39W
L3
265,70
N70054'20'E
L4
334-67
S39002'49'E
L5
16L67
N5100i
L6
35,741
N77025'15'E
L7
141.26
S66°17'55'E
L9
11174
39032'56'E
L9
75 51
1-10
274.99
_n9049'S0'W
S42026'S3'E
L11
1 79,81
S25035153'E
L12
150,91
S0305546'W
_ L131
565,74
S64°28'13'W
o1�s AIM:. R
APPLICANT ACKNOWLEDGES THAT HE/SME HAS BEEN INFORMED BY PITKtN COUNTY OF THE
EXISTENCE OF' ENVIRONMENTAL HAZARD AREAS THAT MIGHT AFFECT THE PROPERTY, ANY
IMPROVEMENTS, AND THE USE AND OCCUPANCY THEREOF, THE PROVISIONS OF THE PITKIN
COUNTY REGULATIONS DO NOT IN ANY WAY ASSURE OR IMPLY THAT AREAS OUTSIDE OF
DESIGNATED HAZARD AR AS WILL BE FREE FROM HAZARDS, OR THAT APPROVED MITIGATION
MEASOREa )L�GUARf E THE SAF-ETYYOF ANY PROPERTY.
y
--------- st,..,
OWNER/APPLICANT:
COMMUNITY DEVELOPMENT DIRECTOR
THIS ACTIVITY ENVELOPE AND SITE PLAN HAS BEE VIEWED AN APPROVED BY THE PITKIN
COUNTY COMMUNITY DEVELOPMENT DIRECTOR THIS .,.DAY OF _ 2 _, SUBJECT TO
ADMI STR TIVE DECISION N0. _(=a2D..:P�..._ RECORDED AS RECE:P ON NO.
COMMUNIrY DEVrDOPMENT DIRECTOR
n,QQBQIN
THIS ACTIVITY ENVELOPE AND SITE PLAN HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF
THE CLERK AND R CORDER OFT+COUNTY OF PITKIN STATE OF COLO AO ,
AT4M_O'CLOCK„ ,_M. THIS 49Y DAY OF IN PLAT BOOK AT PAGE-4—
AS
AS RECEPTIa NUMBER SM5 0
_
ERY
Rocky mountain Surveying, DATE 04,i`20 7
RECEPTION#: 542360. 09/24/2007 at * " , REVISED:
01,11:42 PM, 1 OF I R $11.00 Janice K. FILE NO: 06545
Vas Caudill, Pitkin County, CO wzwom
PLAT BK 85 PG 13 403ery"ap Inca rO.