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HomeMy WebLinkAboutpitkin.planning.246732400009 (2)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P &Z Ordinance for the BOCC and/or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) CONTRACT# 1�0 o r L) R a OCCUPANCY COVENANT AND AGREEMENT o w 3 F BUILDING N a 0 APPROVED PURSUANT TO SECTION 6-30 -140 Y OF THE PIT %IN COUNTY LAND USE CODE a .. ca 6 0 0 THIS AGREEMENT is made and entered into this 39th day of May, 2008, by LO o Kate McBride Puckett (hereinafter referred to as "Owner"), whose address is 5459 East c c "' Sopris Creek Road, located in the County of Pitkin, and the BOARD OF COUNTY o a > COMMISSIONERS OF PTTKIN COUNTY, COLORADO (hereinafter referred to as the P N Y "County"). e m U W LL , E �o - WITNESETH WHEREAS, Owner owns the real property described in Exhibit A, attached hereto (hereinafter referred to as "Property"), which Property will contain an agricultural building as allowed pursuant to Ordinance 019 -2004. Said agricultural building will be located as shown on a site plan attached as Exhibit B. The agricultural building shall contain no more than 555 square feet of exempt floor area For the purposes of this Agreement, the approved agricultural building and all app and fixtures associated therewith shall hereinafter be referred to as the `Bam "; and WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the use and occupancy of the Barn, as more particularly set forth herein. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows: 1. The use and occupancy of the barn shall henceforth be limited to shelter or enclose livestock, horses, poultry, feed or field equipment, or to grow trees, shrubs, flowers or vegetable plants. 2. Representatives of the County shall be entitled to enter upon the Property, at reasonable times and upon at least 48 hours' advance notice to the Owner of the Property, or the Owner's representative, in order to inspect the Barn for the sole purpose of determining compliance with the terms and conditions of this Agreement. 3. If the Bam or any portion of the Barn is not utilized in a manner consistent with the foregoing, the area must be either removed or restored to an appropriate agricultural use pursuant to direction from Pitkin County. 4. This Agreement shall constitute a covenant running with the Property as a burden thereon for the benefit thereof, and shall be specifically enforceable by, the County, and its successor, by any appropriate action, legal or equitable. 5. In the event that the interpretation or enforcement of this Covenant or any provision hereof becomes the subject of litigation between the parties, the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs as a part of the judgment entered therein or of the negotiated settlement. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. *McVri&e ER: Puckett Date J STATE OF COLORADO) ) ss. COUNTY OF Ee� The foregoing instrument was acknowledged before me this s day of K 2008, by and Witness my hand and official seal. My commission expires: Public ACCEPTANCE BY PITIQNN COUNTY, COLORADO Enedina Briceno NOTARY PUBLIC STATE OF COLORADO WPM Febmry 00.20i7 The foregoing Agreement and its terms are accepted by the Community Development Director. COMMUNITY DEVELOPMENT DIRECTOR Cindy Houben Date C X11ibi4 A- PROPERTY DESCRIPTION A PORTION OF A PARCEL OF LAND SITUATED IN TRACTS 78 & 79, SECTION 32, T. 8 S., R. 86 W. AND GOVT LOTS 1, 2 & 3, OF SECTION 5, T. 9 S., R. 86 W., OF THE 6TH P.M. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 5, A GLO BRASS CAP IN PLACE, THENCE S7744'21 "E A DISTANCE OF 2508.61 FEET TO THE POINT OF BEGINNING• THENCE N00'16'29 "W A DISTANCE OF 3533.37 FEET; THENCE N29'03'12 "E A DISTANCE OF 551.27 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT -OF -WAY OF EAST SOPRIS CREEK ROAD; THENCE ALONG SAID RIGHT -OF -WAY THE FOLLOWING TWENTY -SEVEN (27) COURSES: 1) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 670.00 FEET AND A CENTRAL ANGLE OF 23'17'16" A DISTANCE OF 272.32 FEET (CHORD BEARS S28'11'29 "E A DISTANCE OF 270.45 FEET) 2) S16'32'52 "E A DISTANCE OF 226.97 FEET 3) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1530.00 FEET AND A CENTRAL ANGLE OF 8'18'08" A DISTANCE OF 221.70 FEET (CHORD BEARS S20 41 - 56 "E A DISTANCE OF 221.51 FEET) 4) S24'51'01 "E A DISTANCE OF 414.85 FEET 5) S23'59'31 "E A DISTANCE OF 176.76 FEET 6) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 952.66 FEET AND A CENTRAL ANGLE OF 12'25'52" A DISTANCE OF 206.69 FEET (CHORD BEARS S30'12'27 "E A DISTANCE OF 206.29 FEET) 7) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 631:78 FEET AND A CENTRAL ANGLE OF 10'01'46" A DISTANCE OF 110.59 FEET (CHORD BEARS S31'24'30 "E A DISTANCE OF 110.45 FEET) 8) S30'57'02 "E A DISTANCE OF 472.25 FEET 9) S3239'17 "E A DISTANCE OF 147.77 FEET 10) S34'27'21 "E A DISTANCE OF 132.76 FEET 11) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 628.50 FEET AND A CENTRAL ANGLE OF 07'11'53" A DISTANCE OF 78.96 FEET (CHORD BEARS S38 03 - 18 "E A DISTANCE OF 78.91 FEET) 12) 541'39'14 "E A DISTANCE OF 32.35 FEET 13) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 738.49 FEET AND A CENTRAL ANGLE OF 16'42'19" A DISTANCE OF 215.32 FEET (CHORD BEARS 533'18'05 "E A DISTANCE OF 214.55 FEET) 14) S31'28'25 "E A DISTANCE OF 50.12 FEET 15) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1528.50 FEET AND A CENTRAL ANGLE OF 04'19'05" A DISTANCE OF 115.19 FEET (CHORD BEARS S33'37'58 "E A DISTANCE OF 115.17 FEET) 16) 535'47'31 "E A DISTANCE OF 164.89 FEET 17) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 628.50 FEET AND A CENTRAL ANGLE OF 06'30'49" A DISTANCE OF 71,45 FEET (CHORD BEARS S39'02'S5 "E A DISTANCE OF 71.41 FEET) 18) S42 18 - 19 "E A DISTANCE OF 245.01 FEET 19) S30'26'33 "E A DISTANCE OF 101.88 FEET 20) S26'10'18 "E A DISTANCE OF 101.97 FEET 21) S11'04'24 "E A DISTANCE OF 113.01 FEET 22) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1528.50 FEET AND A CENTRAL ANGLE OF 06'11'16" A DISTANCE OF 165.08 FEET (CHORD BEARS S16'56'25 "E A DISTANCE OF 165,00 FEET) 23) S20'02'03 "E A DISTANCE OF 81.38 FEET 24) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 653.50 FEET AND A CENTRAL ANGLE OF 26'22'54" A DISTANCE OF 300.90 FEET (CHORD BEARS S33'13'30 "E A DISTANCE OF 298.25 FEET) 25) 546'24'57 "E A DISTANCE OF 288.59 FEET 26)ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 653,50 FEET AND A CENTRAL ANGLE OF 26'19'55" A DISTANCE OF 300.33 FEET (CHORD BEARS 559'34'55 "E A DISTANCE OF 297.70 FEET) 27) S72'44'42 "E A DISTANCE OF 8.52 FEET; THENCE LEAVING SAID RIGHT -OF -WAY, N87'46'41 "W A DISTANCE OF 263.14 FEET; THENCE 589'43'22 "W A DISTANCE OF 2479.65 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 120.217 ACRES, MORE OR LESS. 11 i x� X f + X z5h, &f B CONCA IRE HAY STORAGE CAROUSEL l . a5 0.2 6 m WO FALLS x' X TWO STORY— WOOD FRAME BARN FOUNDATION s POND 96. f LEACH 3 6 2 � FIELD SHED N " O 12" P G ONE STORY 1 �WnOD FRAA ONE STORY ONE S' \ WOOD FRAME WOOD N GARAGE --\,� HOUSE GRAVEL \ 0 4 \ `SAS FENCE POST V X 14.2' '5N 2•\ CELLAR h ACCESS 16.0' f \ t C �� f _ ACV ✓RL EQUIPMENT \ t SEPTIC LIO W x� PROPANE TANK o. CELLAR 0 ACCESS Q TWO STORY 9 WOOD FRAME 2 HOUSE STAIRS (TYP) (TYP) t X � X FUTURE TRASH 0 0 'O' o n �O_ G / i / x FUTURE �OW BARN - \� - A ACTIVITY ENVELOPE I ADIMINSTRATIVE DETERMINATION OF THE PITKIN COUNTY, COLORADO, COMMUNITY DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE L/E LAND & CATTLE, LLC ACTIVITY ENVELOPE AND SITE PLAN FOR CONSTRUCTION OF A MILKING BARN Administrative Determination No. -2008 RECITALS 1. L/E Land & Cattle, LLC (hereafter referred to as "Applicants ") have applied to the Community Development Director of Pitkin County, Colorado (`Director ") for Activity Envelope and Site Plan to construct a milking barn of approximately 300 square feet just south of the existing ranch compound. 2. The parcel is located at 5459 East Sopris Creek Road. PID#: 2467- 324 -00 -009 (Legal Description, Attachment A). The parcel is zoned RS -30, approximately 120 acres, and is conforming in size. 3. The Applicant submitted for an Activity Envelope and Site Plan review for a substantial addition to an agricultural structure, conversion of a bunkhouse into a CDU, and construction of numerous lofting sheds. The Applicant has requested the ability to construct the milking barn prior to full review of the other requests mentioned above. Because of the insignificant impacts of construction of the milking barn this request can be entertained. 4. The parcel is currently developed with a legal single family residence and numerous agricultural structures. No previous land use approvals apply to the parcel. The Lot is located within a low wildfire hazard area, is visible from East Sopris Creek Road, and contains a mapped big game migration corridor according to the CDOW. Though visible, the milking barn will be inconsequential with regard to its scenic impact. The CDOW has confirmed that the migration corridor does not lie within the area where the Applicant has proposed development. The Snowmass /Capitol Caucus was referred on the application however a Caucus recommendation will be offered at the time of full review of the application. 4. The Applicants submitted an application after July 6, 2006, therefore, the application is being considered pursuant to the 2006 Land Use Code, as amended. 5. Public notice was published in the paper on October 28, 2007. No comments were received within 30 days. APPROVED by the Director, subject to the following conditions: 1. The Applicants shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit review. Structures represented in the application may not be permitted under building and zoning regulations. 3. A site plan will not be recorded with this approval however the Applicant shall be restrained to the representations made in the application with regard to size of the proposed envelope and building. 4. The milking barn shall be of earth tone colors and be constructed of non - reflective roofing. 5. No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most Page 1 oft RECEPTION #: 546343, 02/06/2008 at 09:44:10 AM, 1 OF 2, R $0.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO restrictive grade. Any external development located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. Approval of a landscape envelope within such setbacks does not assure approval of a variance. 6. The parcel is exempt from Growth Management up to 5,750 square feet and cannot exceed this floor area limitation without approval for use of a TDR or successfully competing in the Growth Management competition. 7. No development shall occur outside the approved activity envelope with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved building envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. 8. Prior to commencement of any earthmoving or other construction activity, the Applicants shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 9. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one growing season of the project's completion. 10. 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 day of �,, 2008. \�� VSO Lct Cindy Houben, Community Development Director PID# 2467 - 324 -00 -009 P149 -07 Page 2 of 2 Z BAUHAN CUSTOM BUILDERS, INC JOHN H. BAUHAN P.O. Box 2706 Basal[, Co. 81621 Tel 970.274.0466 Fax 970.963.9684 PiQdn County Community Development Cindy Houben Community Development Director October 25, 2007 Dear Cindy, This letter is in addition to the leter submitted dated September 21, 2007 to expand the Activity Envelope and Site Plan Review to include an addition to a bunk house. The addition would include a kitchen area and a bathroom thus making it a Caretaker Dwelling Unit The structure will be connected to an existing bunk Crouse and blend into the surrounding buildings. It will not exceed the 1000 square feet allowed. It will have a minimum of two parking spaces. The CDU will be detached from a principal dwelling unit The roof lines of the structures are not blocking any views and the design of the building is such that it will Wend with the other agricultural structures adjacent to it Regards, I John B3auhan I J Ll PITION CO UNTY PRE - APPLICATION CONFERENCE SUMMARY LMATION: 5459East Sopris Creek Road ZONING: RS -30 PEW 2467 - 324 - 00.009 LOT SIZE: 209 acre OWNERS: LE Land and Cattle Company REPRESENTATIVE: John Bauhan PHONE: 274 -0466 EMAIL: bauhan r s ris.nct DATE: October 23, 2007 PLANNER: Mike Kraemer, 920.5482 Type of Application: Activity Envelope, Site Plan and Special Review for a CDU. Descriptor of ProjectMevelopment: The Applicant is requesting approval of an Activity Envelope and Site Plan with vested rights for an addition to an existing bam, construction of a milking barn, and construction of loafing sheds. No previous land use approvals apply to the parcel and it has been determined that the subject barn is historic. The Applicant has also requested approval for a caretaker dwelling unit. IA" Use Code Seclioas to be addressed it letter of reavest (arrlieatiorl• Sec. 2- 30- 30(h): Special Review for a CDU Sec. 4- 30- 50(eX1X2): Caretaker Dwelling Unit Sec. 6- 30 -40.c, GMQS Exemption for CDU Sec. 2- 40- 20(f): Additional Spacial Review Procedures for CDU's Sec. 2- 30- 20(g): Activity Envelope Criteria for Approval; Sec. 7- 10-50: Activity Envelope; Sec. 7- 20-20: Steep and Potentially Unstable Slopes; Sec. 7- 20-10: Site Preparation and Grading; Sec. 7- 20-30: Water Courses and DrainW, Sec. 7 -20. 130: Landscaping and vegetation Prouction. Sec. 7- 20-60: Wildfire Hazard — Mapped Low Wildfire Hazard Area; Sec. 7-20 -70: Wildlife Habitat; (area mapped in an elk migration pattern) Sec. 7- 20- 120(d): Standards for Scenic View Protection Areas; Sec. 7- 20- 120(e): Rural Character Guidelines for Building Location Staff will refer the appYeatien to the fadowlag : Zoning, Snowmass/Capitol Caucus, Basalt and Rural Fire District, Historical Preservation Officer, Housing, and CROW. Review by: Community Development Director PO& Haaring: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2- 20- 100(&X3) of the Land Use Code. In addition, tie Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitcin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public mice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Depardne&t. FEES: $4,143(make check payable to "Pidoin County Treasurer") Planning ORim flat fee: 53,465 (non-refundable; basal on 15 hours of staff time). If gaff review thae exceeds 18 hours, the Applicant will be r1vmlpd for additional time above 15 hours at a rate of $231 /hour) o Pablie Notice Far. $60 • Historic Preservation O6ieer Review: $462 • Housing Referral fee: $166 To Apply, submit S co es of the following information, erle" 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 11" by 17" 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. Information on the total number of residences existing on the parcel and the date they were constructed; 4. Previous Land Use Approvals (if applicable); 5. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 6. Proof of ownership of subject property; 7. Parcel description, including legal description suxl vicinity map; S. Total fee for review of the application; 9. Signed fee agreement (I copy); 10. Consent from owners) to process application and authorizing the representative (1 copy) 11. List of all Adjacent property owners and mineral estate owners (1 copy) 12. Copies of this pre-app form NOTES ➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLE7EAPPLICA77ON. PLEASE SUBMIT TWO-SIDED COPIES OFALL REMAINING COPIESOFYOURAPPMCAYYON (IFPO,WMLE). THE PARCEL IDW SHOULD BE INCLUDED ONALL DOCUMEN7N INCLUDED IN YOUR APPLICA77ON. ALL MAPSSHALL BE FOLDED. This pre- application conference summary is advisory m nature and not binding on the Comity. The information provided in this sawunuary is based on current zoniurgstanakrds and staff s i rterpretaftns based upon representations of the applicant. Additional information may be required upon a complete review of the application PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION Fc PITKIN COUNTY (hereinafter "COUNTY") and (hereinafter "APPLICANT") AGREE AS FOLLC A . Kj to COUNTY an application for 1 a C (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pidm County Ordinance No. 32 -2002 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the sire, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree Hat fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree t it is impracticable for COUNTY staff to complete Processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on _ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for susMsion of processing. PTfiQN COUNTY Cindy Houben Community Development Director —CA By. t7 6:F Priat Name and Title (if applicable) Date: ?j7 Mailing dd r- C , > b Z7 0 6 re �17�' co S/4 �/ PITIQN COUNTY PRE - APPLICATIO CONFERENCE SUMMARY LOCATION: 5459East Sopris Creek Road PID# 2467-324-00 -009 ZONING: RS-30 LOT SIZE: 209 acre OWNERS: LE Land and Cattle Company REPRESENTATIVE: John Bauhan PHONE: 274 -0466 EMAIL: u ^L:" -ai. :!, DATE: September 17.2007 PLANNER_ Mike Kraemer, 920.5482 Type of Application: Activity Envelope and Site Plan. Description of ProjecbWvelopment: The Applicant is requesting approval of an Activity Envelope and Site Plan with vested rights for an addition to an existing barn, construction of a milking barn, and construction of loafing sheds. No previous land use approvals apply to the parcel and it has been determined that the subject barn is historic. Land Use Code Sections to be addressed in letter of request (application): Sec_ 2- 30- 20(g): Activity Envelope Criteria for Approval; Sec. 7- 10-50: Activity Envelope; Sec. 7- 20 -20: Steep and Potentially Unstable Slopes; Sec. 7- 20 -10: Site Preparation and Grading; Sec. 7- 20-30: Water Courses and Drainage; Sec_ 7 -20 -130: Landscaping and vegetation Protection. Sec. 7- 20-60: Wildfire Hazard — Mapped Low Wildfire Hazard Area; Sec. 7- 20-70: Wildlife Habitat; (area mapped in an elk migration pattern) Sec. 7- 20- 120(d): Standards for Scenic View Protection Areas; Sec. 7- 20- 120(e): Rural Character Guidelines for Building Location Staff will refer the application to the following agencies• Snowmass/Capitol Caucus, Basalt and Rural Fire District, Historical Preservation Officer, and CDOW. Review by: Community Development Director Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision p ursuan t to Sec. 2- 20- 100(ax3) of the Land Use Code_ In addition, the Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. FEES: 63,284 (make check payable to "Pitkin County Treasurer") • Ptarming Office flat fee: $2,772 (non - refundable; based on 12 hours of staff time). If staff review time exceeds 14A hours, the Applicant will be charged for additional time above 12 hours at a rate of $231 /hour) o Public Notice Fee: $50 o Historic Preservation Officer Review: $462 To apply, submit 4 copies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 000001 J 1�) 2. 24" by 36 "and 11" by 17" 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. Information on the total number of residences existing on the parcel and the date they were constructed; 4. Previous Land Use Approvals (if applicable); 5. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 6. Proof of ownership of subject property; 7. Parcel description, including legal description and vicinity map; 8. Total fee for review of the application; 9. Signed fee agreement (I copy); 10. Consent from owner (s) to process application and authorizing the representative (I copy) 11. List of all adjacent property owners and mineral estate owners (1 copy) 12. Copy of this preapp form (1 copy) NOTES ➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COWLETE'APPLICA77ON. PLEASE SUBMIT TWO-SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). 771E PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMEN7S INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED. ➢ This pre - application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information maybe required upon a complete review of the application. 00000:. 2 2�> � /> ��. ±\ \ \ \/\ §))��� BAUHAN CUSTOM BUILDERS, INC JOHN H. BAUHAN P O. Box 2706 Basalt, Co 81621 Tel 9711274.0466 Fax 970.963 4684 ilauh -pits net Pitkin County Community Development Cindy Houben Community Development Director September 21, 2007 Dear Cindy, Bauhan Custom Builders, Inc. has submitted to Pitkin County for a permit to build two new structures at the Puckett Residence, LE Land and Cattle Company, 5459 East Sopris Creek Road, Basalt, CO. The purpose of the first barn is to provide additional horse stalls and an aqua - tread swimming pool for animal therapy and conditioning. The second shed is for the processing of milk for two cows. There will be no septic system for the structures. The pool water is filtered and will be ejected into a holding pond to be used for irrigation. The addition to the barn is within the corral area of the cattle and horse working space. The slope behind the barn has been retained and the only irrigation ditch has been piped in order to prevent any unstable soils. The grading and drainage will be pitching away from the structure. The vegetation will be replace with a low grow field mix. The area is mapped as an elk migration pattern but the barn is within the working corrals of the ranch and has not seen elk activity within the barnyard area in the time that the owner has lived there. It has been confirmed by the CDOW that there is no issue with elk migration. 000004 The roof lines of the structures are not blocking any views and the design of the building is such that it will blend with the other agricultural structures adjacent to it Regards, John Bauhan 6000Q3 DF *C_CYD GENERAL WARRANTY DEED UE LAND & CATTLE, LLC, a Colorado limited liability company, and JOHN P. McBRIDE whose address is c/o John P. McBride, 303 E AABC, Aspen, CO 81611, for no consideration, hereby transfers and conveys to KATHERINE HAWLEY McBRIDE PUCKETT the following real property in the County of Pitkin, State of Colorado: , Add— 55 5 11 �. �vPii� C See EXHIBIT A attached hereto and incorporated herein. �~ /6 with all its appurtenances, if any, and warrants the title to the same, subject to and except for: 1. Rights of way, easement, and restrictions and other recorded matters affecting the subject property; 2. General taxes for 2005 and thereafter payable in 2006 and thereafter; 3. Building and zoning regulations; and 4. Those certain Protective Covenants recorded at Reception No. 51PCO-5 the real property records of Pitkin County ALL REFERENCES BEING TO THE REAL PROPERTY RECORDS OF PITRIN COUNTY, COLORADO. Dated: December4l, 2005 L/E LAND & CATTLE, LLC, a Colorado limited liability company d (a G` John/. McBride Joy P. McBride, M STATE OF COLORADO COUNTY OF PITKIN The foregoing instrument was acknowledged before me this A9 y day of December, 2005, by John P. McBride as Manager of UE Land & Cattle, LLC, a Colorado limited liability company and John P. McBride, individually. WITNESS MY HAND AN - 0 My Commission Expires: O 8 WI8A A FOydLER 9 1111111111111111111111111111111111111111111111111111111111111 00 Page: 022/ 5 02.02F 0 0.00 000006 08!19/05 08:34 FAX 005 3 42 2377 ALLIANCE 0007 SEPTEMBER 16, 2005 1 of 2 A PARCEL OF LAND LOCATED IN GOVERNMENT LOTS 5 AND 6 OF SECTION 6 TOWNSHIP 9 SOUTH, RANGE 86 WEST 6 P.M..4ND IN GOVERNMENT LOTS 1 AND 2 OF SECTION "F TOWNSHIP 9 SOUTH, RANGE 86 WEST OF THE 6" PM, PITKIN COUNTY, COLORADO MORE PARTICULARLY DESCRIB13D AS FOLLOWS: COMMENCING AT THE POINT OF TERMINUS OF THE COLLINS- MCBRIDE COMMON BOUNDARY LINE RECORDED AT RECEPTION No. 415965 IN THE PITRIN COUNTY RECORDS: THENCE ALONG SAID COMMON BOUNDARY LINE THE FOLLOWING I 1 COURSES: L. NORTH 87 ° 32'02" WEST A DISTANCE OF 410.81 FEET; 2. SOUTH 39 WEST A DISTANCE OF 210.16 FEET; 3. SOUTH 39 WEST A DISTANCE OF 603.65 FEET; 4. SOUTH 40°22'13" WEST A DISTANCE OF 25.89 FEET TO THE TRUE POINT OF BEGINNING: 5. SOUTH 40 WEST A DISTANCE OF 401.52 FEET; 6. SOUTH 00 EAST A DISTANCE OF 361.79 FEET; 7. SOUTH 00 EAST A DISTANCE OF 248.44 FEET, 8. SOUTH 00 EAST A DISTANCE OF 582.73 FEET; 9. SOUTH 53 WEST A DISTANCE OF 140.43 FEET; 10. SOUTH 53 WEST A DISTANCE OF 370.28 FEET; I1. SOUTH 53 WEST DISTANCE OF 209.43 FEET; THENCE NORTH 61 WEST A DISTANCE OF 2079.69 FEET TO A RESAR WITH AN ALUMINUM CAP MARRED "AAE LS 18472 "; THENCE NORTH 00 EAST A DISTANCE OF 1756.79 FEET TO A REBAR WITH AN ALUMINUM CAP MARKED "AAB IS 18472 "; THENCE SOUTH 88 EAST ALONG THE NORTH LINE OF SAID LOTS 5 AND 6 A DISTANCE OF 1324.62 FIST' TO A POINT ON THE NORTH LINE OF SAID LOT 6, SAID POINT' BEING THE SOUTHEAST CORNEA OF GOVERNMENT LOT 15 OF SAID SECTION 6 ; THENCE SOUTH 58 "EAST A DISTANCE OF 1536.95 PEST TO THE POINT OF BEGINNING CONTAINING AN AREA OF120 ACRES MORE OR LESS. THE BASIS OF BEARING FOR THIS DISCRIPTION IS NOTRTH 00 WEST A DISTANCE OF 5,269.56 FEET FROM A FOUND G -L..O. BRASS CAP AT THE SOUTHWEST CORNER OF TRACT 76 (AP 3) TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE 5" P.M. TO A FOUND G.L.O. BRASS CAP AT THE NORTHWEST CORNER OF SAID TRACT 76 (AP 2). I IIIIII 10111111111 2/ 9 °°fi 92 02 JANICE K V05 CAUDILL PITKIN COUNTY CO R 16.00 D 0.00 000007 09/19/05 06:35 AA ; 605 342 2377 ALLIANCE SHEET 2 OF 2 LOST MARBLES RANCH PARCEL 7A LOCATED N GOVERNMENT LOTS 5 MID 6 SECTION 6. TOWNSMP 9 SOUTH, RANGE 00 WEST OF THE 6T4 PAL M4O IN GOVERNMENT LOTS 1AND 2 SECT N 7. TO pR�TH. RANGE 66 WEST OF THE 6TH P.M. OIL OIL L am OL 1• IT ' • REBAR /ALUMINUM CAP 'AAE LS 16177 GL - GOVERNMENT L0F SEC .^ SECTION ®006 ry a N m 'BNB m 0 omm © M N 0) o m t p � a o: � u ti z g z y R - J 0 Y W V Q 000008 OL • OL OL OL OL 99 l6 i • OL • OL it1 /4 I OL 14 ww1 /4 1• Iz -- OL 9 017 — SL OL • is 588- 40-4 T.P.O. B. OL OL 1324 .62' 17 1• ^ *>• q P.O.C. PARCEL S40 2'13'W 401.62' 1• 1 07 "w S39 1 02W u n I 7A 500114'46 ^E 210.15' ®L 811 /4 , Ol • 361.7p• "[ S391311N7'W y iwl/ 4 c Q SOD' 2T15 246.44' A 603.65' 1120 ACHES 540 'W 25.69 COLLINS/ N ca — m0 ^ s ' 2 562.75 COMMON BOUNDARY OL 553.30'41'W LINE 140.43' as S53.4T4WW t1/ a I OL OL 1370.26' _._ Mw1/ 4 I • 1 553-.5 '53^W OIL OIL L am OL 1• IT ' • REBAR /ALUMINUM CAP 'AAE LS 16177 GL - GOVERNMENT L0F SEC .^ SECTION ®006 ry a N m 'BNB m 0 omm © M N 0) o m t p � a o: � u ti z g z y R - J 0 Y W V Q 000008 44* 0 0 0 c � � \� TT T k 88 (ƒ| /k \k(% \ yam; U »« ; § «!Z!, ¥! ! \ \!/ § + { \(2 ) ;m=§ m \ ] ao § M g M z C M 00T[ ( M \� � Ox 0 ao ...1 athroo E: r ang a r c h i-t . kett barn ,j' . c c CD c c 4 a �a .s t 0 4 9 2 A Z r., F / m 4 a A 200 f � u N � T i P �cnl HE M Id �' I r ena� uan E m it,mt ntIDmmn:nmmoAnntttt&��G ,mm�ntuu � r n mm{mmtm_;m i ,.. �_. lttrmnrm•mm am r m g I F ' 'p u ' i P mo u, Y Ji T I li On J z I II m m i, '1 �r �, 1N i I li I 1 i a I i I f � u N � T i P �cnl HE M Id C C G G F—" h` dk'Ro m 8 €aS ssm= _m 58 I— A (D . 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CO 81601 qi ^3: ��] 1 N - 1 iF LANI)a CATTLE ��C HIGH COUNTRY ENGINEERING ING" : ^ ° "'^ m MRRUVLMGNTSURVEY p, rvo. un u. 0 G 161NVERNEB6 pRIVE ER8T.8S£F -I EO. ENOLEWOOO. CO B(111 Y 1�- Q6'J215dJ�� 3459 E. SOPRIS CREEK RD. .0W tsoGl szsasaa Ewx M.)9zsosav �eN c SNOWMASSVILLAGE 1 15170L ExVENOE,SM 101. GLENW000 SPRINGS. 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Po b031 erscem EAX Esom czsas4v „ SNOWMASS VILLAGE lane PHONE � . x C BI °o z om a4saeze " rw. 40. , e4szsss M v PITK COUN COLOR ...,....rE o.,. cc RM $ R �mR4�JR 4� [i =°�$Ri , _ _j , '��M - m k MMMM qF$R 4 M 4 qFP RAM RAM RA R�3 P� RM R5R 8:i C. 8A At u3 a o +r uyoa C rll rl c HIGH COUNTRY ENGINEERING, INC vkn c e N y ➢O P CII VIIY LNVt LUVt S FP' AN } m ,C BI B9 NN HE 11,G F N OENGLEW000 C OBIR �' -' �'- F,i nry 1�A J(JY 997 OSOI N m 5459 E. SOPRIS CREEK RE). Po b031 erscem EAX Esom czsas4v „ SNOWMASS VILLAGE lane PHONE � . x C BI °o z om a4saeze " rw. 40. , e4szsss M v PITK COUN COLOR ...,....rE o.,. cc qF$R 4 M 4 qFP y RP3R �.. - k 3 R�3 P� $ RR "° a ymtAn .�qs 5A m. 4b 'q5 4F R z ^RM .g nr p Rs$, lM 4Y m o +r uyoa C rll rl c HIGH COUNTRY ENGINEERING, INC vkn c e N y ➢O P CII VIIY LNVt LUVt S FP' AN } m ,C BI B9 NN HE 11,G F N OENGLEW000 C OBIR �' -' �'- F,i nry 1�A J(JY 997 OSOI N m 5459 E. SOPRIS CREEK RE). Po b031 erscem EAX Esom czsas4v „ SNOWMASS VILLAGE lane PHONE � . x C BI °o z om a4saeze " rw. 40. , e4szsss M v PITK COUN COLOR ...,....rE o.,. K5 SIR Hsa8R b PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and _ (hereinafter "APPLICANT") AGREE AS FOLLOWS: c 1. APPLICANT has submitted to COUNTY an application for ` `< i Vi � (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32 -2002 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on _ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITI(IN COUNTY Cindy Houben Community Development Director ("APPLICANT-) Print Name and Title (if applicable) /t _ .� Date: / - - / _ Mailing Address: �`J lJ �7 000018 1 - � ,mow x x PLOOI PUBLIC NOTICE RE: Le Land & Cattle Company Activity Envelope and Site Plan (Case P149 -07) NOTICE IS HEREBY GIVEN that an application has been submitted by LE Land & Cattle Company (5459 East Sopris Creek, Snowmass, CO 81654) is requesting approval of an Activity Envelope and Site Plan with vested rights for an addition to an existing barn, construction of a milking barn, and construction of loafing sheds. The property is located at 5459 East Sopris Creek Road and is legally described as a parcel of land located in government Lots 5 and 6 of Section 6, Township 9 South, Range 86 West of the 6` P. M.. The State Parcel Identification Number for the property is 2467- 324 -00- 009. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611 . For further information, contact Mike Kraemer at (970) 920 -5482. Published in the Aspen Times Weekly on October 28, 2007 Attention Adjacent Property Owners A property owner receiving this public notice shall provide comments or objections to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, By November 28, 2007. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. PITKtN COUNTY COMMUNITY DEVELOPMENT DF,PARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 October 16, 2007 John Bauhan PO Box 2706 Basalt, CO 81621 jbauhan(�Usooris.nct Re: Le Land & Cattle Company Activity Envelope and Site Plan (PID #2467- 324 -00 -009; Case# P149 -07) Dear Mr. Bauhan: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property owners with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by October 28, 2007. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice shall provide comments or objections to the Community Development by (30 days out) 28 day of November, 2007. If any objections to the development application arc received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 12 day of November, 2007, which is at least fifteen (15) days prior to the (30 day out) November 28, 2007. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2 -20 -100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 MEMORANDUM To: Pitkin County Zoning Historical Officer Colorado Division of Wildlife Basalt Fire Snowmass /Capitol Caucus FROM: Mike Kraemer, Community Development Department Re: Le Land & Cattle Company Activity Envelope and Site Plan (PID 2467- 324 -00 -009; Case P149 -07) DATE: November 1, 2007 Attached for your review and comments are additional materials for an application submitted by Le Land & Cattle Company. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, November 28, 2007. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX4 (970) 920 -5439 MEMORANDUM To: Pitkin County Zoning Snowmass /Capitol Caucus Basalt & Rural Fire District Historical Preservation Officer Colorado Division of Wildlife FROM: Mike Kraemer, Community Development Department Re: Le Land & Cattle Company Activity Envelope and Site Plan (PID 2467- 324 -00 -009; Case P149 -07) DATE: October 16, 2007 Attached for your review and comments are materials for an application submitted by LE' Land & Cattle Company. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, November 28, 2007. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. r COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 Pitkin County TOTAL AD DRESS /PROJECT CHECK# CASE /PERMIT #: DATE: 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 130 Referral Fees: 210 Airport LUCO1 County Clerk 193 County Engineer 194 Environmental Health 208 Historic 198 Housing •� 190 Land Management 209 Redstone HPC 206 Wildlife Officer TOTAL AD DRESS /PROJECT CHECK# CASE /PERMIT #: DATE: 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 TOTAL AD DRESS /PROJECT CHECK# CASE /PERMIT #: DATE: Other Fees: 155 Use Tax 165 Copy PZ005 Master Plan Copy 185 Park Dedicatio IS GIS Requirements 161 Housing Impact Fee B1202 Road Impact Fee B 1203 School Impact Fee EH025 Air Quality Impact Fee Other TOTAL AD DRESS /PROJECT CHECK# CASE /PERMIT #: DATE: CCOIUNITY DEVE OPMEN`4' DEPARTI�T 1'3U Slim .) •i: 1 >llccl As11rn. ( 1 1 L 111 1 1170 1 u 5 Pitki ) C( unto TOTAL aT�Z_ 5th _1192 32e1 I N. \SIP V 1UR!CSS,'I'I: 2,`14`1 - ,32q - DO - pa ° I I "I 111�P ur1 1.: ( ASI JIFNMI'I'� I)Atl 1Q— Land Use: 17_' Lomst nl Adjnstn 1 15' ('111111IN Fuld 1 h1 111 171 H;11 P'1. 162 1111! `;I_11 If {�, I'l ll ll l(' tit 11101`+ !t;11 ['1<nnlinq i;n lin"rr1 rnl 175 111 shin, ( )Ilil"1 Referral Fees: III AsIpmI I 1 ('01 l ml[M ( Irll< ('unnitl PIILill cl I!LL 1?ncirnnnlrnlul 11r,, 1111 an>; I1i�111i1 I'L`+ 1111 Iry111 � Pill 1.;1111! ti'1;111: 11;1' l l clll ?I) N, dhlUlll 1 119 _ %vildi1p Ullirrr Building Fees: I �;) Ihlard M App, lM 1u. - i I;I IIL!u l�Pcl uil 1' 4;Irrl ril zll P1�rulil L'I�� I]1rr�1' (n111' kc�'ir�c I i MOf 11.11111 ;11 1'( ' l I l l ll 1 51) 11;111 1 "1101'!( 1 111 I'111111!)IIIti 1'I'I 11111 1:,11 111'11l,p l 15 AVI I i 11, Nhnsh:d Ihri l:';FI I Piro "11, 11 s1 11 Other Fees: ! aii 1 :1" 171s {till (nl)A 1'1 ,A/I,lyl1'I ('1:1111 nl)A 1 !.Ilk 1)1 rlll'tlll l5 ('J516 "Illi olnrnlN II; 1 I lnunln�l Inyr,11'I I's 1 t 1 "03 Itnalll Ii I F( I %1310; S( flool ingl: u' ( F1-o 1:111 )'l i5 Ali ! ")nlllily 11111,11( '1 h, 1 )llwy TOTAL aT�Z_ 5th _1192 32e1 I N. \SIP V 1UR!CSS,'I'I: 2,`14`1 - ,32q - DO - pa ° I I "I 111�P ur1 1.: ( ASI JIFNMI'I'� I)Atl 1Q— 1 * I