HomeMy WebLinkAboutpitkin.planning.272920400003 (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 Heating Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (llzl'n
~.
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,
DENYING THE SAWMILL HILL MINOR AMENDMENT TO A DEVELOPMENT PERMTI' TO AMEND
A CONDITION OF RESOLUTION NO. 116-2~2
Resolution Nom-2007
RECTTALS
Peter Martin and Cecil & Christine DeLaach ("Applicants"), have applied to the Board of County Commissioners,
("Board"), pursuant to Section 2-20-150(6) of the 2006 Pitkin County Land Use Cade ("Cade"), to amend language
of a previously approved Board Resolution to extend the time of reliance on conditions of approval.
1. The application was received after July 6'", 2006 and therefore is reviewed under the 2006 Land Use Code.
2. The property is zoned RS-30, and the lots each exceed 30 acres.
3. The parcels are located in Redstone, and are described as parcels 2,4,5,6 of Sawmill Hill (Legal Description,
Exhibit A).
4. The Board heard comments and testimony on the request at a regular meeting on June 27, 2007, and found the
request not to be in conformance with Code standards.
5. The Board determined that the there was not public benefit to extending the period of time upon which
conditions could be relied.
6. The Board determined that an approval for an extended period of reliance was not appropriate per Code
Section 10-30-40 (b) as an outstanding violation affects this property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS THAT, the
Martin/DeLoach request for a Minor Amendment to a Development Permit to amend P&Z Resolution 116-2002 for
Sawmill Hill Lots 2,4,5,6 is denied.
RECEPTIONtF: 643859, 11I05I2007 at
03:13:20 PM,
1 OF 4, R 50.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
APPLICATION DENIED AND RESOLUTION OF DENIAL APPROVED ON THE 27th DAY OF
JUNE, 2007
APPROVED AS TO FORM:
John Ely
County A ey
272920400003
P073-07
BOARD OF COUNTY COMMLSSIONERS
OF PTfKIN COUNTY, CO RADO
I
By -
Michael Owsley, Chair
Date f!~~D 7
APPROVED AS TO CONTENT:
~~~~ c~-
Cindy Houben
Community Development Director
IenceGcnscshawmill hill minor unrndmrnt drny.doc
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MEMORANDUM
TO: Board of County Commissioners
FROM: Lance CAssistant Community Development Director
SUBJECT: Sawmill Hill, Minor Amendment to Development Permit
DATE: June 27, 2007
REQUEST: The Applicant desires to amend language of the Resolution of the Remediation for the taking for
Sawmill Hill Parcels 2,4,5,6, Resolution No. 116-2002.
APPLICANT: Peter Martin and Cecil and Christine DeLoach, owners
REPRESENTATIVE: Peter Martin
LOCATION: Sawmill Hill, Redstone
ZONING/LOT SIZE: The parcels are caned RS-30, and are all over 35 acres in size.
REFERRALS: The Crystal Caucus was referred. The Caucus did not respond.
BACKGROUND: These four parcels were approved for development through a Takings remediation in 2002. The
approval, since it was through a takings procedure, did not include vested .rights. The approval did say, "The
~~ Applicant can rely on these conditions of remediation for a period of five years." The five years expires June 26,
2007. The Applicant is asking for three more years of reliance on these conditions.
STAFF COMMENTS:
Minor Amendment to a Development Permit.
Pursuant to Section 2-20-150(b) of the July 6'h, 2006, Land Use Code, a minor amendment to any development
application or permit is one that meets the followingcriteria, as determined by the Community Development Director:
1. Is consistent with action(s) taken during previous development approvals for the property; and
Response: There are no changed circumstances affecting the approval.
2. Does not change the use of the proposed deve/opment between residential, commercial, and tourist
accommodation uses; and
Response: The request does not change the proposed use of the property.
3. Does not change the basic character of the approved use of land on which the activity occurs, included basic
visual appearance and method of operation, and
Response: The request does not change the basic character of the approved use of land.
4. Does not constitute a new land development activity; and
Response: The request does not constitute a new land development activity.
5. Does not increase off'=site impacts in the surrounding neighborhood,• and
M~'11 0~ ~
r
Response: Uses and sizes aren't proposed to be changed.
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
Respooae: An extension would not violate any Code standards not already addressed in the Remediation
Resolution.
8. Does not substantially increase the need for on-site parking or utilities, or affect affordable housing
generation; and
Response: The request will not result in any impacts mentioned in No. 8. Affordable housing fees will now be
required
9. Dces not increase the floor area of the use by more than five (S) percent or decrease the open space on the
site by more the five (5) percent.
Response: No change. in Floor Area is proposed.
ISSUES: The "1041 "conditions that were placed on these parcels with regard to wildfire, wildlife, and
slope issues are still up to today's standards, as are the required road improvements. The primary Code
changes that would affect this property are the new requirements for "site plan review" and for "scenic
review"; to the extent any of the sites might be visible from Highway 133. These requirements could
potentially even lead to a house size reduction. Also, we now have the affordable housing impact fee. If the
Applicant's request for an extended period of time for reliance on the conditions of Res. No. 1 I6-2002 is
granted, it should be subject to these new Code provisions.
Since five years have passed since the remediation approval, staff would recommend that the approval
"lapses" at the end of any extended time granted, and that in the interim all development of the home sites
must meet any land use provisions in effect at the time of building pernut.
RECOMMENDATION: Staff recommends that the Board adopt a motion approving the Martin
/DeLoach request for a Minor Amendment to a Development Permit to extend the time for reliance on
conditions of Resolution No.116-2002, subject to the attached Resolution.
lancec/ceses/sawmill hill mitronunendment .doc
• s
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIIV COUNTY, COLORADO,
APPROVING THE SAWMILL HILL MINOR AMENDMENT TO A DEVELOPMENT PERMIT TO
AMEND A CONDITION OF RESOLUTION NO. 116-2002
Resolution No. -2007
RECTfALS
Peter Martin and Cecil & Christine DeLoach ("Applicants"), have applied to the Board of County Commissioners,
("Board"), pursuant to Section 2-20.150(b) of the 2006 Pitkin County Land Use Code ("Code"), to amend language
of a previously approved Board Resolution to extend the time of reliance on conditions of approval.
1. The application was rceeived after July 6th, 2006 and therefore is reviewed under the 2006 Land Use Code.
2. The property is zoned RS-30, and the lots each exceed 30 acres.
3. The parcels are located in Redstone, and are described as parcels 2,4,5,6 of Sawmill Hill (Legal Description,
Exhibit A).
4. The Board heard comments and testimony on the request at a regular mceting on June 27, 2007, and found the
request to be in conformance with Code standards.
NOW, THEREFORE, BE TT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS THAT, the
Martin/DeLoach request for a Minor Amendment to a Development Permit to amend PBcZ Resolution 116-2002 for
Sawmill Hill Lots 2,4,5,6 is approved subject to the following conditions:
1. The Applicant shall adhere to all material representations made during the application process.
2. Condition # 21 of BOCC Resolution No 116-2002 (Rce. No. 470910) shall be rescinded and restated to say:
"Floor area per parcel shall be limited to the maximum growth management exemption allowed at the time of
building permit submittal; but in no case shall total gross floor area exceed 5,750 square feet per parcel. Floor
area shall be calculated based on the definition in effect at the time of building permit submittal."
3. Condition #22 of BOCC Resolution No. 116-2002 (Rec. no. 470910) shall be rescinded and restated to say:
"The applicant is subject to road impact foes and employce housing foes as calculated at the time of building
permit submittal."
4. Condition #23 of BOCC Resolution No. 116-2002 (Rec. No. 470910) shall be rescinded and reinstated to say:
"The Applicant can rely on these conditions of remediation until June 27, 2010. All development of home
sites must meet all terms and provisions of the Land Use Code in effect at the time of building permit
submittal, including site plan review and scenic review, to the extent applicable. On June 28, 2010, this
approval lapses."
5. All conditions of P&Z Resolution No. 116-2002 shall remain in full force and effect except as amended
herein.
' 0O~1i3
Resolution No. _- 2007
Page 2
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.
APPROVED AND ADOPTED ON THE 27th DAY OF .TUNE, 2007
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITICIN COUNTY, COLORADO
Jeanette Jones By
Deputy Clerk and Recorder
Michael Owsley, Chair
Date
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely dy Houben
County Attorney Community Development Director
272920400003
P073-07
IenaGcases/sewmill hill minoremendment.doc
•
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Doris 8 Chuck Downey [dcdowney~sopris.net]
Thursday, June 21, 2007 6:29 AM
Lance Clarke
Sawmill Hill application
'This past week Peter Martin told me of hia commitment to assume full
responsibility to revegetate the utility cut on lot 7 of Sawmill Hill
south of Redstone. We discussed his reforestation plans in detail and
I believe we finally have the right person with the right plan to do
the job and do it right. Key to Peter's approach is the use of more
mature spruce trees and an irrigation system to support them through
the first two years after transplant. I understand that Peter is
working hard to get the trees in the ground ASAP. Aa before, I hope
you will keep the red tag(s) in place until the reforestation project
is complete.
I understand that Peter has made application for the extension of
development rights on some of the Sawmill Hill properties. Of course I
would like to see these properties put into conservation, but I
recognize the right of the owners to develop them if they choose.
However because of the visibility of these 7 lots from Redstone and Hwy 133,
conservation would clearly be in the best interest of the community.
None the less, I support the County extending the development rights
on these properties, especially in light of the fact that
reforestation of the utility cut is scheduled to proceed as soon as possible.
Thanks for listening.
Chuck
SCANNED
~~
PETER A. MARTIN
Atromey at Law
0102 Firehouse Road
Radatone, Colorado 81623
FACSIMQ,E (970) 963-9185
May 8, 2007
Pitkin County Community Development Department
Attn: Lance Clarke
130 South Galena Street
Aspen, Colon3do 81611
Re: Sawmill HiII -Redstone
Amendment to Development Permit
Dear Sir:
TELEPHONE (970) 963-1088
I enclose the following documentation and information in accordance wilt the Pre-Application
Conference Summary requesting an extension of time for compliance with Resolution No. 116-
2002.
Summary and Background. The Sawmill Hill properties were created in 1944 out of a
"fathering" parcel owned by Redstone Investment Co., $ Colorado corporation. There were
created seven separate parcels with the fathering parcel being designated Parcel 7. Ali of the
parcels contained in excess of thirty-five (35) acres and were legally created pursuant to
applicable Colorado statutes. There followed the tedious but necessary proce~es and
evaluations dictated by the Land Use Code. Conceptual Submission fot Parcels 1 through 6 was
prepared by Francis X. Krizmanich. There was a recommendation for denial based primarily on
access issues, the crossing of thirty percent slopes, etc. The Land Use Application was denied at
a public hearing held on February 15, 2000.
The then owners of Parcels 2, 4, 5, and 6 requested a takings determination prusuaat ~ Section
4-150 of the Land Use Code. Legal processes followed culminating with the BOCC
determining on December 5, 2000, that takings had occurred. Resolution No. 116-2002
prescribing the remediation was adopted June 26, 2002, and provided that the applio~t could
rsly on the cortdidons of remedistion for a period of five years. It should be noted tiwt is on
"amendment to developmen7 permit" rather than a "besting" issue. This would ordinari~+ be an
administrative review. Staff is appropriately requesting BACC determination - prealgmabiy
because of strpng public concern cued by an improper utility cut above the Village of
Redstone. The qrt is the crux of this matter and will be explained below.
Resolrtion No. 116-2002 provided that: "utility lines shall be buried in the driveways or access
road." Somehow, for reasons still not fully unde~ood, a utility cut for an overhead electric line
was cleared for installation of olech'ic prover in gooadance with Holy Cross requirements. The
coumy zoning officer issued a ComectiontStpp Work Notice on December 2, 2002. A copy of
SCA,'YNED
OQQ` b'~
same is attached. This was wnstrued to mean nothing in the way of ~e could occur
until revegetation and/or reforestation. Major revegetation was accomplished with the
installation of hundreds of seedlings, small trees, and gro>md covers. Large Ponderosa trees were
planted near the top of the utility cut. Notwithstanding these revegetation efforts, a snow
covered white stripe up the hillside remains an eyesore and an afliront to the community.
Paradoxically, the cut transverses Parcel ?which was not part of the land use application.
Years have gone with Everyone wishing the cut had never happened. One doesn't notice it in the
summer but its existence has become an albatross stymieing development and prolonging
resentment. Most re-vegetation takes years to become really effective. So, something more
should be done. Accordingly, I am presently in the process of contracting for the planting of
six to seven foot trees. I have studied the prior recommendations from several professionals and
have received favorable comment from the Colorado State Forestry Service. The larger trees
will require irrigation. They will be mainly Colorado Blue Spruce in three clumps with a few
scattered trees in between. It will be difficult because of the steep slopes and we will have to
minimise the use of any mechanical equipment. I will fimmish copies of comments and contracts
if needed. Hopefully, everyone will recognize this maximum effort and the white stripe will be
far less noticeable next winter.
i need to reference an alternative which ~mouid remain contingently open, i.e. conformance with
Resolution No. 125-2002 which references the undergrounding of the electric lines on the East
Creek atignmem unless it is detemmined that same would cause more environmental damage
than overheading. We hope to present an even better alternative but it will depend on
engineering and acquisition of an easemem. Please don't consider this a final abandonment of
the overhead lines as I may have to come back to it.
On behalf of myself and the DeLoaches, as the owners of Parcels 2, 4, 5, and 6, it is requested
that the County extend the time for remediation under Section 23 of Resolution 116-2002 for a
period of three years from the stated date of June 26, 2007.
Respectfimlly submitted,
'7 -may
Peter A. Martin -Owner and
Attachments:
Previous Land Use Approvals consisting of Resolutions 116-2002 and 125-2003
Correction/Stop Work Notice of 12-2-OZ
Proofs of Ownership
Parcel Descriptions
Vicinity Map
Check for 5693 for Application Fee
Signed Fee Agreement
Consent from DeLoaches -Limited Power of Attorney
Copy of the Pre-Application
Excerpts from Correspondence -Department of Forestry
OOOOD2
~~ ',_.
REHOLUTION OF THE BOARD OF COUlaT1[ CODIbII8EI0I+IERH OF P1TKB~I COUNTY,
COLORADO, REhI$D1~ATING THE TAEING FOR SAVVbIDL BILL PARCELS Z,a,5,6
RasoitMloa No. ~-2002
1. Karl FLpp,1'eod 2; Tbeados Alkgta, Patsd <: Ceryn Ctagae, Pucd s; CeeO Delaoch,Fccd 6
(Applicme) applied to the PNkm ~ Hearktg O1Fea for loaf Llama Review ad Cotaaptttd
3uhmiasim to esablidt acoeu and baiklag arvelopes for the eoastr[tctiwt of ainglefamily residmore and
aooeasoty ttsea m 4 pesds.
2. The propary is staid b "gawmi0 Hill". sodh of Radtaoe. The patoea are ttms epocificslty
deawibed in Exhibit A. "
3. The ptopgtias are cooed Hs~30. and mge in also from 35 to 39 wres.
4. The Racing OlPxer denied the request m FabrNry ls, 2000, putanant>p Determinrtim No. 5-
2000. at a pablic haring, based m the fmdiog the ~e proposed access amid tart men Coumy ttatdstds
for grade ad ecvatce adios wiWaut squiring devekpmmt m 30X slopes, and portiota of the
ptopoed building mvelapes iechde slopes exceeding 3016.
5. The Applicmt submimed a tegtast far a takings dearmitWieo pttranant to Sectims 3-290, 41s0
end 5-220 of tla Lad Use Code to detatmim vfia8terthe Hetuittg OHicate dmist of the appliatim
caustiattas a taking of private properly w8hat just cemptostim.
6. The HOCx cattsidaed the tekiuga tegtart at regular tneetioga m Match g and April 20, 2000, at
which time further evidence end testiaaatty was preameed vrilh aspect to the taking.
7. The BOCC detamkted that making hd oxoned m April20, 200D, pmauetuto BOCC Reseatien
No.92-2000.
g. The Bt3CC ntbcquaaly roomaidaed the fact and dalamined m Detxmas 5, 2000. that a taking
had ooeurted, std by Resohtim No. 236.2000 the BOCC food a taking, rachded Resohttion No. 92-2000,
ad delamioed atu • ranedietim of takhtgs abtatkt be prepcad. .
9. The BOCC rnNidered the [mediation K a togular meeting m Jum 26, 2002, at which time the
mditloos of eFprm'd was accepad.
Now, TSERtFORE, B~ 1T RE80LVED by the BOCC mee t dtas hereby tmodiaa the
taldog M gtamag approval m Oa tlavrmin HtTI Pmeela 2,a,s,6.10a1 Hetdd Review and Cattoepnul
Submissim, sobjed to the following eotdeion0. which Ball rm wuh the std ad be biding m ail
suooeceas in mtetest "
1. The Applkam stall sdhes b all eetemdal repramatims made in tlfe application sad publie
Ineetinge.
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2. Prior ro aabmittal of nary building Pin aPPI. ~ Applkmt shall record a 24 x 36 loch
mylar 1041 Iiassrd Review Site Pha io awordntx to Section 5-70.040 of We Lead Use Code. The site
pLn dlall also be sabmiteed in a digial forma for integratlon ido the Coaq Geographic Informdion
System (GIS).
3. Wildfire mitigd'xD shell be a folows:
A. 1Wemible $tlece:
1. The aroe alomd dl shrxtma shall-iocorpots0e hmdacaping with tvr'IdRrc defeostble
space owdderatims u follows (NO'M'E: Aouul vegstatioo mmipulatioa w meet
those cmditiom may sot be imcepay where tax atmal vegeption patterns have
shady fulfilled these candhicos):
a. Brush, debris, and Doa-woamaW vegetuioD shall be romoved with'vI a
minimum 15 fad perhnder around all sinremes. Vegehdon m Ibis area shall be
d 6" w ksa (i.e. mowed grass, low-growing PdaDOials} No vegdadon fella
flan 6" dull be phmxd in this era. A~ combination of muk~, hards<ape (l.e.
sidewalks, dorxs, enc.) may be utilvad.
b. Fw a mioimuro didena of 40' uphill aed to the sides and 47' on the downhill
side of stlucmra Win exidiog trees ro tbd the order edges of tree crowns era no
closer Wsa 10' d maturity.
c. Lower brandla of bees sod shrubs should 6e ranovad ap m s height of 10' w
half We tDlel height of the plaDt to elimioage ladder fuels.
d. Remove all dedfall for 100' iD all dicerdicos from strucnoa.
e. Fw a distance of 100 foot w to We property line, whichever is lad, oortinue b
develop We exidiog clwspy aurae of the oekJservicebeny. The toeximtsn
diameter,of slumps allowed b remain shall 6e 2 time the height wiW a Glared
era bdwaa dumps tlut b 4 tlma the height Fw exarapl0. ~tlx shrubs aro 10
fed all, limo the chimp diameter would be 20 fed wiWin a cbarod aroa (i.e.
devoid of woody vegahtion) of 40 fed. Ideally the vegetatan lxtwea clomps
would begrass-like.
f. The Applied shall be responsible for the co>ttimlad mainteomce of the
defemibk Ware vegetetiw rc9uiromems.
B. Strudiod I)aia and Comhtxtioe Recuimmenb:
1. RDOfs dxil Ipive s rxncerobesh'bk roof covering on a Cues A, roof aseanbly syskm.
Wood shatce/ahiagle roof covering aro prohbited in ell wildfire bawd ores. Roofs
with less tIm 3:12 pinch are nd permkted in 1041 Wildfire Areas mkae Way caoP1Y
wild the following:
e. Ali roof wveriogsdill tenon-cambueb'ble maserids es defieed in the Uniform
Building Code (UBC)1997 3eetierl 1504 and iesWlad on a Ctaa A roof
asaerably.
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Page 3
b. All roof cavrinlp a6all have a sur&oe 16r shall fkilitata the natod proms of
cbuing tip: roof.
a All roof design Bail ficiliate tlu aa0ual procep of daring roof debris.
Prohuaioos above ~ toofiiae, each n prapas, shall be prottmiad
d. Roots shell 6e iastalkd n requirod by UBC 1997 gapter 15 and shall have a
minimum sbpo of 1:46.
a All roof design, oevrings. or aquivileet asaemblia shall be ~ecificaliy
approved by the Firo Mrahell prior to auhmittsl of a bnildiog permit applioatiai.
2. All vase shall be ecteaned with corrosive whe mdt of aru qusrox inch rtwrimum.
C. A4iiatauaoce:
1. Roofs and gutters dull be lmptder of debris.
2. Yards a6ell be Imps deer of aR Iittr> slash, and flunaable deMa
3. All flammable mmaials (htalud'mg fuearoodMood Pits) abaft be stored oo a puaild
cat6prc a mtakaum of IS feet away flan aey suucoae. Fhawood/wood piles dullbe
ahdced m a peralbl oar0otr a mtoimum of 15 feat away flan ell atracmta.
D. Miscelaaeoa:
1. Swimmingpa>lsshdlbeaooaaiaebFicel)epsrhomtvdddra.
2 Fences call ba kept der ofbrosh aM debris
3. WoodfeocesahallpotbeoooneotedtotheatruAme.
4. Fuel tadu shall be instilled mdetgtotmd with m approved containr.
5. Fech ah+puue dolt have a minimum of aru 1016. ABC Ere exdnguisbr.
6. Addtemas shall be deny malted ad vis3k with minimum a" nanoombustible lettxs
and dell be fiery visibk at the primry point of sects from the public a cotamon
accca road atdmsalbd tip a noucomMpmbks poet.
7. Any outbuildings or additanal buildings e6s11 adhero to the see sandrda es
strugma.
H[Julitiea:
1. Utility tines dolt bebmied in the driveways r asset rod.
4. No dwelopmeat, iochdiog tr~6. exavatioo. fib plaammt, barring, taodecapieg, entry a
reach gates, oauttuotmn Fwk~6 or w9n6 sad ve~ian removal or dieturMnoe dull occav outside of
the q~p~oved 6uild'n~g or development envelopes wkr atltrYViae specified in this documam, sneh as
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Page 4
necmeery vrildfiro mitigatiaa Utility extension mid maietmtmoe aball oocar within the approved building
m developmeoe envelopes sad within the approved driveway and aocme alignments.
5. All ixea6 dietabad by caoelructioa shall be levegetated with native shrubs end grasses to limit
water eonsumptiaa and dditioaal nmoff wltllia one growing aeasal of the projects completion.
I.aadtsaping and rovegeutTon on the property aha0 urllitx tow wsoa (xerisaping) native pleat materials
and concepts.
6. 'the Applicant shall caoply with the followMg wildlife mitigation:
A Doges aro prohibited, iortuding won worker dogs.
B. A11 waste atonge shalt comply with WiidHPo Protxtion Olditunoe No. 010-2001. Prim m
Catiflcate of Occupmwy, complitmce with the mdinence shall be verified.
C. Faixirig outside of the building envelope ahaU comply with the Pitldn Crnmty Fencing
Gaidelhtes.
D. Natives vegetNioo a6a116e pretmved outside of the bniklhig and septic sys0am envelopes,
with the exoeplko oY~ay ihimiog and apaoiag tegnirod to eocammodsk wildfve mitigation
m to inatell tla driveway.
& Fruit-bearing tma ad s6riibs ehonW be avoidd'm say laadacapiog.
F. Wbm the e>vsting vegemtion is altered, fm an accan reed, utility line m similar uses (exupt
for roquired wildfire mitipt;on), the propmty owner shall ooopeoDs with the County and the
Colarsdo Tlivisioa of Wildlife b devise a compensmion plea axeptible to the County. Such
compensation phm may wbetitvDe (ia a naacby man of the subject property) vegdation squat
in type and qumitity to then being removed to mitigate effects w wildlife species pursmm to
eeafion 3-80.Og0(Ax4) of the [.and Use Code, provide that the Applicant shall not be
required to ioatdl vagetatioo ®such a density, type m ma~ar that would increase tlw
severity of the wiidfw tuaard atfacthgt flte habipbk mess ofthe propmty. 'Ibis ahdl be
wmpleted prier to the isaiance of a Certificate of Omopaacy.
G. ltevegehte any abandoned portions of the access rod.
FL Maintain dl soage (wading dad trees) unlm requhd to be removd for wildfiro
mitigation.
1. DOW aliaild re-inspect the nyrtm sleet oa Parcel 6 before airy construction activity begins on
this pmcal.
I. Devekipmeat oo IMecal 6 should be set back 100' tram the edge of t)b wep slope.
K Arty subsegneatly approved aareLker units shall be attached.
T.. No Iiveatoclc err domestic fowl shall be dlorrad.
7. 'The Appliomit dull campty with tha following stetdards for development w slopes of grouter
than 15%:
I~~~'~~~~~~~ is~O9an a:mi
1iLYla eMle PirRiM CalI1rY W a.N a a.N
coccus
~, RuolaHoe Na~f~ 1002 v • ~ •
Pegs 3
A. Adequste mer~aokal mpport shall be pmvded fa ran alopm.
B. Adding ware which msy deereaaa slope ehbility shall be avoided.
C. Adding weight to the cop of the skrpe s11a0 be avoided.
D. Disturbed slopes moat be oonmmed so that they ao 6e rovegehted.
E Steeperriog of erdstieg sbpes shall be avoided.
F. Cuts, Slh, gnd'mg and etrcavation ahatl be Ihnited to the nmimum area needed for
consatlction.
8. Prior to the iaoance Of any buildarg permits, the Appiicmt aball obtain a apxie permit flan the
Eivkoomeodi Heahh Depetmieot. All sewage disposal sysroloa must be designed by a regiuered
profasiaul erigbeer. Sewage disposal eygeul shell be located within the approved development
enveope.
9. Prior to the iamaoe of septb syeoern permits, the Applicaot shall provide doarmao4tion of en
adegiute domestic wager aspply oo tla property. Qwotity sod gwliry of said sopply dull meet the
approval ofthe 8nviloomemel Haahh Department. 71u well site ~sll be based within the approved
building envelope.
10. Devekipotent of 30 inches above err below grade within the squired Property aetltaclu cequirea
approval of a varisace by the 13aard of Adjuaaoeat, inclad'mg drive+nys.
t 1. Prior w oommaicernem of say enthewving a wnstruotiai activity,die Applicant shall stake the
corners of the bnildiog envebPe andmaWl aommxtion fencing crowd the perimeter of the buiktiog
aovebpe. 111e fencing dull temsin io phoe until iesormce of artifiaee of acenpancy.
12. A fueplacdwooda6ove appRutim must 6e Bled sad apprwed by tlu Cammuoity Development
Depamnent Pryor b the issusoce of a baild'ug permk,
13. 7Le Applicant shell aubm8 a and 13eosion Conant Phn b the Coentyl.agirreerfsrreview
sad approval, prior m the ai~mithl for any baildoig P~h• Mlle P~ stall addrms the maoagenlent of
rataRdnrbg coriaalrction and otter coosallotba ie oernpbh.
la. Pricy to tits siibmiml of mry baiWiog permits, 9u Applicmt shall obnin en Aooesalthiveway
Developnierrt Pamk approved by the County Paginea fa~ Redetane Boulevard South and Sswmdl Hill
Rand. 17u execs aligmneru far Sawmill Hip Road shall be in the bcuiw reprexmed w the High
Country Bngmeerisg dewing, ProjectNo2011054.62, dead 12/12101.
• The ua:ess permit for 3awesig Hill Road abe0 evideaoe the folbwbg: a) • ntitiitawn uaobatrucmd
wid0i of 20' v roquked by the Carboodeb and Runt Fite Dhtriet, b) improved grub and widae:d
swiChback between mtiom 10.50 and 16.50, c) improved grads and wideried awitohberk between
shtiwa 17.50 and 22.00, d) improved grade and widened Deuce bettrsm sadims 26.00 and 31.00,
e) receded easemeoa far the alignment, t) dlaioage PhD, ioahdbg ditches erd cdverts at ciitial
IorJtiais.
These impiovemena will 6e nNpihed only to du extent Chas they ran he acoommodstsd in the
exiatiog 30' easement
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Page 6
The cocas permit fa Redaloee Boulevard Sadh shatl evidertcedte foibvving: a) a 20' phafaor
width far a 16' road. b) Riprap along a 500' layph ofthe CryMal Rivu,c) n 12^ toside ditch. d)
etisting adve7a cbaed, tlnee ttew wlverd m be added, e) addition of4^ of Clem 6 gravel.
These improvaneats will be roquired aJy m the extent they an 6e ~r:ormnodated io the mcidiu8
easement
15. If s road hrrprovemeta district u, famed for RedeMne Boukvsrd South a Sewtnill Hill Road, alt tat
ownem put ofthis approval muR join.
t6. The Applicad shell comply whh all soda sod mquhmrenu of tlteCu6aad.le and Rmai Fire
Ptoaeaion nutria. A spritdder sysomt dril be mshtkdm.n reddemisl etrttctrna iftequ'ved by the District.
17. At the tiara of buihliag puma eppliatd'wn submiml. the Applicant shall submit, for review and
approval by the County Bagineer, a Canmmaiai Mamgmml Plan in axaduKx m the Assn
MuugemeM Pfau. The Cooetructiar Management Pon stall indiaae the vehicles eseociated wah
caoeatrclio7r (i.e. emphryee traffiq eoaatrttctiaa vehiala, staging and deNveria) ahsll not violate Cooney
Inv, each a paAcing oo Coady dghts~of--way .
18. i.ighting shall compy witb the Pitldn Canty emdarM tithe time of insmllation.
19. Bmldiog cad roof mduials sirll be murc9ative.
Z0. Ail devebpmnRmuat comply with the provisian of the Partin Canty Naciau Weed Mrugmrmt
Plso.
21. Fbor area per parcel elmll be limited m 5,950 egaare feel wcampt from growth managmneta.
Floor area shall be calculmed based m the defmilion hm efface d the time of building permit submittal.
22. Pm>ttaot m ptdiaoco No. t122-2000, the Applicmt is abject m the Fav Shun Raryiraoents cad
shell pay a road impact fee o adculdcd d We time of building permit iasmnoe.
23. The Applicsd an mly oa these amditloos of raoediedon for a period of five yeas.
pLVIa PARTa eelalrY ep
oo~
ReaolDrton ~.~ soon ~`' • •: •
Page 7
REMEDIATION APPROVED AND ADOPTED ON THE 2~° DAY OF ~ 2002
A~-~ggT; BOARD OP COUNTY COA~A4ISSIONERS
OF PITKIN CO ,COLORADO
K~IaPP
County Clerk Chair
APPROV®As 1v FORAi: APPROVED As TO CON1ffidT:
Jahp B C' y DDbe4
Oorney CommuDity Devdopnmt D'auctor
Case MPIS-99
272920400003
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M~iawid«ara rco +N caT«+o~o. ~u~n:~ ~ u wuw.a:
pagn~M+p d a poMiy .Mwa:a Dr WMnaas Canty b Or SoNtn+ad Camar a said Sactian
fv IdW wrG tlw WS[wts Cann b tlr NOrhwSS' CDmw of said SaoMen ~.N~f
71.59'2? E ~r teal' SlSnu Sadr ~Oai]] bd b • Po"K add Em•War
oanlrMna a add Spiati ?$ Ynne S !S'H'OD' W TAS7 taM dap
wniafrr; Yrarca NorSr ~0.7~ baC Ilgnoa N fi2.97OS' W SOS S ~ 91' E
yp5,5D Ira; tlnna East fBD.OD Mrl: oOnW!. g 98.0 more a Miss.
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A !rant a lend sWntea h ar N•a SEU aM h sr SEU. SEU a 5atlan z6, IIIW h iM E•a
NEt. a SIIIdWn 29, aY M Towltgtip 1o swot, R.Iq. 8B wau a uts 7Rtt PlapPd
Waridian PYWn C«nry, Colorado. and bairg m«e P~rh tleserWtl a lbepwa:
BaprtNnp al i pdM m ate Cerat.e8lta tl a ]0 tad rrkla stenos and WTay IIeaL'f11er11 ss
pit a1M it pons wflalloe asbrr fotstd in pop lar ata VlNasa Gaffer b ala $Oa1rlYresl
c«rta a aaia Section 20lalao whp the Walmss C«nar b ute Nmhwest c«rtar d seta
SeGtwn ?9) agars' S SB• 15~ W 45W.B8 fast awrtee S 50.48'44' E 878.75 het: tttartce
Eesl 2:8'7.20 bet Yteltn Solah 1985.TZ lent: ahrlpa N 89.78V0' E 3]17fi INI to Yte
StaAheael Certtr a told Saldon m. also OeYtp tlta Norateait t:«Mr a said Sadlm 20:
8taftea S W02'00• E 2017.88 teal alOrg RN Foolery bouWary Ina tl iltd Sactitll 29:
thsrtca 4yan 487.84 t.at acne Nbnh 7B60.Bt.het Ittelra west 75825 tear, !Mattes
t40M >0.001M; ateltli YVau 400AO bat thatlttti t4t7M 430.OD bas; ateltl.,. East 298.89
hat w a pain m we earaararr a said 70 bot xiWa ecena wtd !lady aasalreera; ataltca
18.76 feu aWno said IYraMRb m ete area •67.45 loot ral9ua pavs b qr h0. ate
CtorC d tatieh !tsars N 74.59'04' E !8.71 laet tltanca N 07.25VS E 764.77 feel abrq
said c,tdpilts W a» poht d be0i'tlvtq, awaiting ]7.88 acres more « less.
mel Ka[:raP21r14. PARCEL 5
A Tact a hM eWtatad it ate Nu SEt4 and h a+a SEIa SE% d SadWn 20. trao in tM Ev.
NEV. a Slldm 29, a1 it TowlWep 70 SalaR t4arge es wr a IM gut Prt+elpal
AlnilaarL Pilldn caw7. Colorado, arW beaq Itton t~+bry 17wbad as faaowr.
Bsr~virtp d a pow rAlerca tlts W Wras Comar to ur s«a1R+ast C«Iw a aaW sectim
<ro (abe w:q 91. YVdltass Csn+er b ate NaMweu Corner d said Saetbn 29) war: S
71.59ZT W 4674.24 bw: aerYx N 69.71'0!• W 887.47 hst etsltee Nd7h 774.E leaf;
afartea Eau 400.00 bat atertn Soave 70:00 Na7: atartea Eau 756:25 het lttartw Sow!
788p.87 bta; tltartea Eau 487.94 feu b a pon m 4te Eastery bdsWan/ Tats d saYl
Saeabn 29; arltca 5 00.02'00• E 624.66 foal abrtp said EaslMy ballrtdarY w ata E ti
CIY7t« d said Satdart 29: atones S 86.44'00• W 778.91 Hal song aia Eas1•Weu
Cenlrrkw d sad $actlpt 2D: atartce Nolte 40{'x77 IoM to 1ha pore d beOrYVK1.
pYtllrlxlaJ 7a i9 sass IIxYU a Wss.
1 F_frni. 17E+4trHHP"t~N ~ !'AjR.1,L r.
.: u as tl Gate smWM n fpr C'+. SE t:.xtd n axe 5E5: Nt::'. W 5oclaYt 70. lllMlSllir tU
::xM. Filrtge 80 Wert d axe Oat 14nripel Wrxam, Pollal Ctxsay. CaRYaJp, .IrW pp*1
ngra iwlxa.tay m'~~ as baxra
aaf7aYStg at a ydn .rtw+ce a uona IIYYtd n plaoa Ilr III. Wnxm Corrlor 10 pta
SwMwau Cwltlr a Baia Sacllm 20 (abo blpq ate wlmeca Carar w few N«thwaal
C«rax d a11iJ Saurorl 2'J) bowls S 54.19'SC W 455Sn61art Inwtw Nlxth S:It.07 Nwt:
ttxstca t:ru 428.f1Y hw: Rxrle¢ ~ SO.46'a4• E D%LL04 Wlet: axntae Srsah 977.:2 atal:
axTCY L:au ZI7 18 last W a pails On ate Easley IxYxrttary Yta W soul Saldtalt k0:
xtertpt 5 UO•:11>P w 2184.94 iw alolg ala EaawM balaW:sY I.te w son 5rouon :b
w trw 5.ueau:xx C+xlpv d soot SaCbl10: axeto.r S w~JU'OIP W 377.96 1x1.9 aWlyt tlw
tiuatxxy botxtooly Eno a said Soaat 20; uaxtlr 7uxat tug5.x2 bal: uxstce WICYI
~J7$tl IaN: awtrs N SD•4U'44' W TJ7.1 t Ww W IM p}tl ul lxry'/wy, wdiw pq;PJ.U!
span Inpa n Ylss
Paae: at tN a ~ p® R{RpLNTi
aa7ta72N2 4w:26gARH 12/1
aav tIM a tg7K 04tatTY m R a.M 0 a.N 7 of T R R.RO D R.M N R.N ~ITNSN C04MiTtr ~
`~ 000011
l J
HOARD OF COUNTY COafML4SIOAiRRS 8 R&GULAR M6STING JUNE 26, 2W2
Lance Clarke -Assistant Director of Community Developme~ ICtsr1 Hipp, Parcel 2; Theodore
Allegra, Parcel 4; Caryn Crague, Parce15; Cecil lkloach, Pence! 6 - Applice~s; Cindy Tester -
Applicant's Attorney
Lance Clarke explained to the board that Cindy Testor's son was in the hospital and so she
would not be able to attend today's meeting. Mr. Clarke said if there arc a~ gwestioav on this
item it could be co~inued and that Ms. Testor and the applicants were okay with that as long as
there were no changes.
Lance Ctarke's agenda item summary on this item is attached hereto and made a part of this
record as EXH~IT "". Ivfr. Clarke proceeded to explain the history on this item as miaored in
his agenda item summary.
In me agenda item summary there were several Items regaeated by the applicants that are
cot the norm for 1041 conditions. They are:
1 utility lines are not required to be burled
2 road imprmemmts wi0 not be to wanly ataadarda
3 conditions may be relied en for Svc yearn
Mr. Clarke responded to those items. With rased to the utility Hnee, he said that the
applicants didn't want to bury them, bat since then they have and with Holy Cross. Holy
Cross said that they only way they can do,mat is that the acidity Bum wI9 have b be ie the
driveway and buried and that's what staff wanted. So, he said, apptieants' were then
able.
With respect to the road improvemmb not being to county standards, he said that "we"
keow mat. It c a rasa mac jaat can't meet county standards, bat staff w1Il do the best they
can.
Regarding me coadNbm beinS relied on for five yeah, even mongh applicants origioaRy
requested twenty years, Mr. Clarke said mat typiafiy on a remediatioa, staff pats two
years. He said that he has no dlflkally in this case wim Svc yearn.
Mr. Clarke acid mat me applicants have agreed with his remarks above.
Commissioner Hatfield asked about condition number 15 in the resolution. It states, "if a road
improvement district is formed for ]tedstone Boulevard South or Sawmill Hill Road, all lot
owners part of this approval must join". Com_~*iQ~oner Hatfield wanted to know if that meant all
six-lot owners.
Mr. Clarice answeed by saying that the only people that have approval are four. The other
two people do not have approval. Ifthey ever come in for 1041 approval, he added, that would
be part into their approvals as well.
Ivlr. Clarke answered several other questions fima Commissioner Hatfield to the Commissioner's
satisfaction.
Commissioner Hatfield moved to approve me takings remediation as presented.
Cammimloner IroLnd seconded me motion. Motion passed onanimeusly. J
A0OO1
MAY. 8.20010 4:34PNbM
COMMUNITY DEYELOPMENTECORDER
1~9OLOTlOTI
TOA>I~IIp~
.. ~M1TL'~iOR1$EAOCPlf»LYI4RAY
7t+solatloal'fo. f~rt0~ .
~~
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NCNO. 1174-P. P. 1
V
C0111t1'1'X;
1. 1Ge(1!~pAb+IC'A~PP~+~'9~+PP1iedM~e 8wcdadCoevgrCami~domws dPtdde
~bbepLekd ~b~No.116,Z002~apMrfoaHo~v~Yq~y~jr
~~~~ a~lbiOOta~fh~uiRS141$itlwddw~gsa~ooys0~d~1
2. TMplOplllytslOOMld~ofRed~6m4~bOwCle~lehohaaL~per('egffi~LTb~eN,
~' 3.. T~HOOC1rOdtids~plipillm~c~uhrm~Ml~lmJ~quu~i,'~OQ1~A1~19.10~,
ads~plgbr~+l-~. ~lwys6d~. wiamla. ~aarR6~oeyw*.aa.alu.+lheapeato+lM
~pCas61o4 .
M I1ro8000b~YSirt~¢opp~~mmb~AlOPMb~deOl~dEuetomOd~
~~+M~+i~lb~or~Pdv6d~df0~RtM~OE(Wd~vilhOtile6Md~tlN~rlidsr .
S. '13s~QQ~~~~y~yI1bt~.EiRGtil~kvlBomrt(uti,D~YCUa)~6k,~;r ;.
~~•~P ~fNata001aled Wlfhl$Olgyi NiB,la tlu •• •
a0~ a0ad ~ IIN ladcad~ ~~ ay~b slaesd tole (ipp b tiM foaela JOad.
~'• ,11>);1T 1i~OLY1Rb by d!a 80CC ~ k busby daiso 9!s
8awal~l Iip popud msedmwtb a parmi<b ~a0ow ow~iesd fib' uoea
D~71s!'DSi>I~R1tiWLVi~ bydy HOCC mttiobrrabyappro~so leeldteliaa of
]inwmd~s+md~~8adplsakaHpm~aol~sotbl5a~i
1. I1r somdiMaos dlWolstloa No.116-002 ~uli owadnL lb)(lb~m and met, ~mep! a~
amssdodlarsi4, .
~, (3oedttloaNo.3BI~knolaelontJo.116002+Wibalrpl.wdwlt39rLoaobtu~Ut~iq'
lids a1rIl bs ~Lsad ~ee~ausd alog6lM 8setdladc dlpioaat boble f b ffis
loll 'fhs'Oom~niq~De~atOpl,e~pp~~~1'.allvwov~d~~~e
~ a ~ imw~mirboa is mach tYtlha mr6oemooeftl dods6s e,Mwd
~s~'~arsbd tbatsaawd bfiaaa~
9. aet>tmwls,6 ~) ~ ~ o6~Ilyd ~ n~ de eMoilis udHtloa
bo Feosllisd~ q!e pltmh(`1~ ~~'~. A dddp ad emaiotl saado[ plan fbali
. `. io~oladsamra~tiotloagianp o~addi~is~ihsiai~ooo-dooder~aieAraja~cea~l
I r°°adistiaa'D>~ti ,
~lMSl/aen M~Cla
0 •.y
D~~~~d,
MAY. 8.2001 4;34PM COMMUNITY DEVELOPMENT
--,..,. 2~~, ..~2PM ,~~ ~wni i ~~cnn RECORDER
RsnoHetw~No.f, °1 g
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I
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t+oOUxt~,
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iorths o1~rln6dona oat6e ~k' ~ ~iah ~ aapue 9tkiba rsa fr ~~.
over a yya Pfd oftim ~ ip role priarb tlr dYh~ m ~ b11 at~p0~, I'6a
i.ewaae nftha ~~~ tdtt-aed vppowd bytbe ~' Poor tp
mmtba °ooiPlKad pifbia 90 dsyt Mi3a ~ ~fRNon pi~q
at1 aP1roP~tte amount dtl0e~}y~ by 6te Lmd 'P'te tlns. ~i°ai1 fib' ~
m.m~ eorapletioR attd,uea,. efthe w@ be tiaaitsd to
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December 2, 2002 ~'
, ~ Mr. Karl HiPP
0231 Beaver Lane - ~ ~ ,
Redstone, CO 81623
CORRECTION/STOP WORK NOTICE ;
Re :__ Sawmill~Iil1 Sub~liyision Utilit~Cut___ _ _ ______ __
Dear Mr. ,Hipp, •. ~.
~fhis.lettei.is an official notice of your violation of
Board of Cbunty.Commissibner Resolution #116-2002 in which
utility lines for the Sawmill Hill Subdivision were to.be
buried and located within the; approved access Foad and
driveway .alignments.
I understand that you have already applied to the County to
amend this condition. In the meantime, all work must cease
until this mattes has been resolved.
Sinceialy,
Joanna S. Schaffner.
County Zon_ng Officer
Cc: Doug Farris
Cindy Tester, Attorney
Buiz Quaco, Holy Cross
(9TD) 920.5090 fax 920-5439 www.piddntovcom
000015
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BARGAIN AND SALE DEED
xivow ALL lt~rl BY THESE PFtFSTNT5, that REDSTQNE ~ T.co.,
a Colorado corporation, whave address is P.O. Box 1965, Grand Junction, Mena County,
Colorado, as GRANTOR, for the consideaation of the sum of Ten Dolhas (510.00) and
other good and valuable considerations paid, the receipt sod sufficiency theroof being
hereby aclmowledged, does hereby sell and convey to PETER A. 1bIARTIN, whose
address is 102 Firehouse Road, Redstone, Pitldn County, Colorado, 81623, as
GRANTEE, the following real property located in Pitldn County, Colorado,
All of the property described as Paroe12 in the exhibit hereto attached
Together with all ~ and easemems of record
Grantor feather conveys a 10% share of the water rights cxnsisting of oce cubic foot of
water per second of time }rom the East Creek Pipeline domestic water right on East
Creek, Pitkin County, Colorado, Domestic Priority Number 2, with priority date of July
1, 1900 is former Water District 38.
There is ~ street address yet assigned to this property.
The assessor's schedule or parcel number is R014522.
IN WITNESS WHEREOF, the grantor has execarted this deed thin ~ of May,
2007.
Redstone Investment Co.
>~y ~ar-~ ~
Robert G. Wilson, President
STATE OF COLORADO )
~-
COUNTY OF MESA )
This in.4tnmmeat was acknowledged before me, a Notary Publiq this ~a~'~day of
May, 2007, by Robert G. Wilson, President of Redstone Investment Co., a Colorado
corporation, on behalf of said corporation. .d~
Witness my hand and official seal. "' ':c
My commission expires: p i . a4 ~ SHERRI
in and for the State of Colorado
~'0~~1~.
BARGAIN AND SALE DEED
xivow ALL 10AE1V BY THR.lI~ pl~ES>Errrs, that REDS"lpNE >r~. Co.,
a Colorado corporation, whose address is P.O. Box 1966, Grans Jon, Mesa county,
Colorado, as GRANTOR, for the consideration of the serm of Ten Dollars (510.00) and
other good and valuable considerations paid, the receipt.and sufficiency thereof being
hereby acknowledged, does hereby sell and convey m PETER A. MARTIN, whose
address is 102 Firehouse Road, Redstone, Pitlrin County, Colorado, 81623, as
GRANTEE, the following mil property located in Pitkin County, Colorado,
All of the property described as Parcel 4 in the exhibit hereto attached
Grarnor feather conveys a 10% share of the water rights consisting of one cubic foot of
water per second of time finam the East Creek Pipeline domestic wets right on East
Creek, Firkin County, Colorado, Domestic Priority Number 2, wifh priority date of Jelly
1, 1900 in forams Water District 38.
There is no street address yet assigned w this property.
The assessor's schedule of parcel number is
IN WITNESS WHEREOF, the grantor has executed this deed this ~~ of May,
2007.
Redsto~ Investment Co.
gy "~/
Robert G. WiL9on, President
STATE OF COLORADO )
~-
COUNTY OF MESA )
This in~rument was acknowledged before aie, a Notary Publiq this 1~~
May, 2007, by Robert G. Wr7son, President of Redstone Investment Co., a .:
corporation, on behalf of said ocrparation. '~ ~ ~ ' G
D. S ~
witness my ham and official seal. ~ ~c~£p
My commission expires: 0 e . a-4- 09 _ rt+': q'y( .
Notary Public
in and for the State of Colorado
~n~n17
sPECIAI, WARRANTY nEED
TH[3 sPECIAI. WARRANTY DEED is made this 2nd day of May, 2007,• between
CARYN CRAGUE of Mesa County, State of Colorado, Grantor, and PETER A. MARTIN,
whose legal address is 0102 Firehouse Road, Redstone, Colorado S 1623; of the County of Firkin,
State of Colorado, Grantee.
WITNESSETH, that the Graff, for and inconsideration of the sum of Ten and 00/100th
Dollars (510.00), sad other good and valuable won paid, the receipt and safficiency of
which is hereby acknowledged, has graded, bargained, sold and conveyed aad by these presents
does grant, bargain, sell, convey and cdnfirm unto the Grace, his heirs and assigns forever, all
the real property described on the "Le}gal Description" attached hereto as Exhibit A, together
with improvemarfs located thereon, if any (the "Property");
TOGETHER with a portion of that certain Main Access Easement for ingress and egress
to the Property and for the installation of utilities beginning at its i~xsection with Reds[one
Bodevard and continuing over, upon a~ across certain property known as "Pmoe13", "Parcel
1", the "McCormick Parcel", the "Weitz Parcel" and the "Bffin Parcel", as the sane is more frilly
described on F.xln'bit B attached hereto,. which easeoxnt benefits this Property (known as "Parcel
5'~ and burdens Parcels 3 and 1, and the McCormick, Weitz a~ Barn Parcels; that certain access
eases for ingress and egress to the Property and for installation of utilities over, upon and
across the property known as the "Barr Parcel", "Parcel 1", "Parcel 2", "Parcel 3", and "Parcel
4", and being a portion of Sawmill Hill Road, as the same is more fully descn'bed on Exhibit C
attached hea+eto, which easemeot benefits this Property and bmrkns the Barn Parcel and Parcels 1
through and including 4; that certain access ease~t for ingress and egress to the Property,
over, upon and across propaiy known as the "Carriage House Parcel", the "Bann Parcel", the
"Clevehohn Manor Parcel", "Parcel 1" and "Peroel 2"> and bang a portton Of the Drtchnder
Cabin Road Easement, as the same is more fully described on ExW'bit D attached hereto, which
easement benefits this Property and bju<dens the Carriage House Parcel, the Barn Parcel, the
Chvehohn Manor Parcel and Parcels 1 and 2; and that cxatain access easement for ingress and
egress to the Property and for the installation of utilities ova, upon and across property known as
"Parcel 4", as more fully described onj Exln'bit E attached hceeto, which eases benefits this
Property and burdens Parce14.
TOGETHER with all and singular the hereditaments and ~ thereto
belonging, or in anywise apptrtaini~g, and the reversion and reversions, remainder and
remainders, rents, issues and profits f and all the estate, right, title, inmerest, alarm and
demand whatsoever of the Graor, in law or in eequity, o>, in and to the Properly, with the
hereditamcnts and appurbenanees.
TO HAVE AND TO HOLD tl~e Property, with the appmten~ces, unto the Gramee, his
successors and assigns forever. The Grandoe, for himself, his strccessars and assigns, does
covenant a~ agree that it shall and wil~ WARRANT AND FOREVER DEFEND the Property in
the ~ and peaceable possession of the Gnmroee, his heirs and assigns, against all and Every
person or persons claiming the whole o~ any pert thereof, by, through or under the GranWr;
QQ~Q18
SUBJECT TO those exceptions of record and matters that would be disclosed by an
accurate survey of the Property; real estate taxes; and to a portion of the easement ]mown as
Ditchrider Cabin Road Easement and more fully described on Exhibit D attached hereto..
AND GRANTOR FURTHER QjJIT CLAIMS the following wales rights to, the Grantee:
A 10% share of one cubic foot of water pes second of time from the
East Meek Pipeline domestic water right on East Creek, Firkin Concty,
Colorado, Domestic Priority N~bet 2, Priority date July 1,1900 in
former Water District 38~ subject to a lease of said water rights to the
Redstone Water and Sanitation District expiring May 3,1996.
SEE plat of Redstone Investme~ Co. 35 Ac. Parcel Map - 1994, to be recorded.
IN WITNESS WHEREOF, the ~irantor has executed this Special Warranty Deed oa the
date set forth above.
STATE OF COLORADO )
)~
COUNTY OF )
The foregoing instrumect was a~mowledged before me this D~ day of May, 2007,
by Caryn Crague, Grantor
Witness my hand and official ae~l.
My Commission expires:
G~OO19
LEGAL DESCRIPTION -PARCEL 5
A tract of land situated in the N'/2 SE'/. and in the SE'/. SE'/. of Section 20, also in the E'/z
NE'/s of Section 29, all in Township 10 South, Range 88 West of the 6th Prinapat
Meridian, Pitkin County, Colorado, ahd being more particularly described as folbws:
Beginning at a point whence the Witr
20 (also being the Witness Comer t~
71 59'23" W 4634.24 feet; thence N
thence East 400.00 feet; thence Sou
3860.81 feet; thence East 487.94 fe
Section 29; thence S 0002'00" E E
Comer of said Section 29; thence
Centerline of said Section 29; thei
~ntaining 39.10 acres more or less
Ex k%
onno2o
ass Comer to the Southwest Comer of said Section
the Northwest Corner of said Section 29) bears S
~~31'01" W 967.41 feet; thence North 174.37 feet;
~ 70.00 feet; thence East 756.25 feet; thence South
t to a point on the Easterly boundary line of said
:4.00 fast along said Easterly boundary to the E'/.
S 8944'00" W 738.31 feet along the East-West
~ North 4045.33 feet to the point of beginning,
z ,q
I~~
~~
BARGAIN AND SALE DEED
KNOW ALL MEN BY THESE PI
a Colorado corporation, whose addn
Colorado, as GRANTOR, for the «
other good and valuable considetati
hereby aclmowledged, does hereby
address is 102 Firehouse Road,
GRANTEE, the following real prop
FSENTS, that REDSTONE 1NVE4TMENT CO.,
ss is P.O. Box 1965,'Gtand Junction, Mesa County,
osideration of the sum of Ten Dollars (510.00) and
ins paid, the receipt and sufficiency thereof being
sell and convey to PETER A. MARTIN, whose
Redstone, Pitldn County, Colorado, 81623, as
rty located in Pitldn County, Colorado,
All of the property described
FTi11, in the exln'bit hereto atte
Together with all ~ t
j the water rights oonsisling of one
Creek Pipeline domestic weber ry
~~ Priority Number 2, with priority d~
There is no street address yet assi
The assessor's schedde or parcel
IN WITNESS WHEREOF, the
2007.
STATE OF COLORADO )
)$
COUNTY OF MESA )
This instiinnent was aclmc
May, 2007, by Robert G. Wilson,
corporation, on behalf of said oorl
Parce17, the "fathering" property for Sawmill
of record together with the remainder of
ibic foot of water per second of time firm the East
on East Creek, Pitkin Coumy, Colorado, Domestic
of July 1,1900 informer Water District 38.
to this property.
ter is 8014529.
has executed this deed thisl~ day of May,
Redstone Investme~ Co.
BY `N
G. Wilson, President
before me, a Notary Public, this (~~day of
of Redato>ie hivestmeat Co., a Colorado
Witness my hand and o seal.
My commi.9sion expires: t)\• • a`~
Notary Public
in and for the State
~sR.,~
Q~~~`Zl
PITICIN COUNTY
PITICIN COUNTY (hereinafter "COUNTY") and
khereinafter "APPLICANT'S AGREE AS FOLLC
I. APPLICANT has submitted to
DEVELOPMENT DEPARTMENT
an application for A ..,,. ~ _ /.... ~ .. r z'v
hereinafter, the "PROJECT").
2. APPLICANT understands and agrees Pitkin Comity Ordinance No. 32-2002 establishes a fee
istnrcture for land use applications and the payment of 11 processing fees is a condition pnxedeM to a determination of
application completeness. The fee structure is based the COUNTY'S policy that development shall pay, in full, the
'cost of development review in the COUNTY. Foes ha a been set to be consistent and fair to the public and to resect the
expense incurred in providing such services to the publ c.
3. APPLICANT and COUNTY agree tl
~'~rrray not be possible at the time of application to asce
application.
', 4. APPLICANT and COUNTY agree th
;accumulate if an application includes more than one ~
because of the size, nature or scope of the proposed PROJECT, it
n the full extent of the costs involved in processing the
Fees charged for the processing of land use applicffiions shall
of land use review.
5. COUNTY and APPLICANT firrther that it is impracticable for COUNTY staffto complete
j~rocessing or present sufficient information to the P ' g Commission and/or Board of Cou~y Commissioners to
~le the Planning Commission and/or Board of Co ty Commissioners to make legally required findings for project
pproval, unless current billings are paid in full prior decision.
6. Therefore, APPLICANT agrees that
fees prior to a determination of application completen~
nvhich is based on ~ hours of staff time, and if actual
umber of hours by more than 20%, then the COUNT
uch periodic payments shall be made within 30 days
uch accrued costs shall be grounds for suspension of
h
consideration of the COUNTY' S waiver of its right to collect full
.s, APPLICANT shall pay a base fee in the amount of $ G 93_ e °
me spent by staff to process the application exceeds the average
will bill the APPLICANT quarterly for the additional time spent.
f the billing date. APPLICANT further agrees that failure to pay
~I'TI{IIK COUNTY
~dy $oaben
mmoily Devebpmeat INncetor
~6 d' t r r •.w~ Y~ ~O 4.C~
("APPLICANT'
By:
s ~cc rt.~
Name and tle (if apptieablo)
Date•
Mania Addtaat: ,_t o 1 F,'. r Ar v .~ • R./.
~4 ~J 7i r t
G e ~' P/L~t f
p40023
OF ATTORNEY.
We, as the owners of the that propel
HILL, as shown on the survey by la
authorize and appoint PETER A. M
matters concerning said property in
regarding the Development Permit
Iand Use Code. We grant to said a
the County hereby consenting and r
behalf.
generally referred to as PARCEL 6, SAWMILL
in Space dated 21 September 1994, hereby
tTIN as our attorney-in-fact to represent us in all
anection with the processing of any and all matters
any amendments thereto under the Firkin County
mey full power to represent us in all matters before
ying all that said attorney may lawfully do on our
Dated: 2 April, 2007
Christine De Loach
y ~~~.
t~Z' OlivetRoad Santa Ros, CA 95401, U!
r
t
Cecil O. De Loach
00024
Iii
I.OCA'fiOl~i: Sawmill I3itl, Redstone PIDM 2729-204-00-003
?.O1~iNGs~1tS-30 PiJD SIZE: four 35+scnc parcets
O~NEitB: Peter A» Martin -Cecil dt C;hristioe DeI,oach
ATIVE: Yetet' Marlin p$OPiE aa1~ IGMAIL: 963-1088
2007 PLAD1Af$R Lance Clarke, 920.5452
to lkvelopmant
Heseriplioa of profit Savrmll I3'ill 2, 4, 5, 6 were approved for dAsretapm+rat by a Takings
RemettiaGton ReaoltrtionNo.1 J62t102. This approval states that, "'Ibe Applicant ~ rdy nn these Conditioea ofaemedialimrt
fi>r a period of five years.° This period expires June ,2007. The Applicant desires to extend this period of"rdiaaos° fur
additional yeas by amending condition N1o. 23 of ution No.116-2002
Sec. 2-20-t90(krr Ma-or Ama~de~
Sec.1: P[deirs Coumy Application Manual; General lication Informatiast
Sadf wu refer t!~ appiiar~ !s the fo@owtwB : CrysW Caueus
]Review by: BOCC. (Review is administrative but ~ being forwarded to BOCC ~ determination).
PniYeHaretsg: No.
FEES: 5693 (m~:e check payable to "Pitkin G
^ Plmning Office flat fee: 5693 (rbn-refundable;
Applicant will be d~ for a~itioml t®o ab
To apply, saiMit of tYe blowing rotor
1. 3umreary lefts meplaining the request, provid
compliance wish the Cade section listed abo~
2. Previous I.mtd Ilse Approvals (if a}pfticabler
3. Proof of ownership of suk~ect properly;
4. Pared desuiplion, iacLud3ng legal desserplton ~
5. Taal Fee fig review ofthe ~lication;
6. Signed &e (1 espy);
7. Corrak from owner(s) tiD prooas appiioalioan s
8. Copy oFthis preapp foam (1 copy)
> PLEASESUBMIT t?NE LIriBOLJNDANl) ONI
SUBMIT T'Wf),Si'IJ~D COPII~ OFALL READ
PARCEL IRIS SJbt)lI!•D BEINCLUDED ON.ly
A ALL MAPBSI#AId BEFOLD~•
- ATLPdSTONECOPYOFAPPJ.I~dTXIN~SI~!
SHEETS
> T1fis pre-rgrplicwGon eoetjsrerece swe~y /s a
provided 'err Brie sway is based brr earfiaN.
of Nre c~rplicwrt Adduianal iorfo>Awriorr aroy
Treasurer")
on 4 hMua of staff t®e; if staff revisw tiae mceedds 4.i horas, ffiie
hours at a rate of SZ31/laur)
tion, pales. noted otierwise:
background.on prior approvals and permit, end addressing
Vignity in8p;
the represe~tive (I copy)
eoProFYOUR coA~LETEAPPLIV~itr/ol1! PL,Ed.4E
COPIES OF I~URAPPLICATTt21V(lfE). TfIE
' UA ~ N T S I NC L UD E D I N YO UR . l P P L I C 'i t T 7'CJ h I
ALL DOCtI1VA9VTS'AT iVOLARGTRT?IAId F.~ ~}jYl7"
isory in natrve aqd aaot birrdirrg ere Iba Cosarry. T1re ir~eahsation
~ awrrdanda mrd ssa~"s ia'insed ~
regsrired upon a aoalplde reviews~'alitp~rllaaMart.
OQ0025
n
U
From: Peter Martin <prrrerBnMrof.rre~
Subject: Ratoaelatlort d IIYBIy Cut - Redetarre
Dale: May 8, 2007 4:50:45 PM MDT
To: Kelly.Rogers~Colo.State.EDU
1 Attardtrnent, 694 KB ~ SBHa ~+ ,r + „S1dE
To: Ketty Rogers
Colorado Stale Forest Service
1 am attachkrg a Dopy of your letter to my trierW, Ke
now the legal owner of the propertles involved and
power Tine art. 1 have spend merry hours on site ar
have sprouted trOfn the old Sbarip8 and roots end n
at a purchase effected by Bob McConnidc, an adje
Servkoeberry having been planted I~ year. Good
hurrdted 8eedWlg Aspen, Firs, and Pine. I r:DUld it
My purpose in writlng to you is to seek your erWotr
Blue Spruce trees, "C", kl heights of 6.7 feet.
such large trees would require subatartflal itrigalbr
Dfabk:t to nn a temporary Noe from the rnekt up tlrt
ailevlats the stripe. I would plant tla trees in 3 tang
they rrtabtre. L.anCe Clarke, of Pitldrt Courtly. su99
seek your ktput. I would really INce to socompgstr tt
ittll reeportses from the growers and planters. VVhP
dwple of years? Therrluz for arty help or advice. 1 I
could axne by your omoe if that ware corrverrent.
Peter Martin 102 Ftrehouse Road, Redstone, Co
From: kjrogera drjrogerslMmaroola
Subject: Rstooeelatlon protect
Date: May 7, 200711 ~7A2 AM MDT
To: pmertirtArof.rtet
Peter,
f received your fax on the reforestation project
folkwrirrg comrrterrts:
1. I think Blue Spruce trees wtil work floe. This is a
skips titM should be suitable for spruce.
Johnson, dated October 8.2005 for yorx convenient reterertce. 1 am
to axrditlons of my acqufsitlon require m8lgeflon of the unauthorized
as of today the re-vegMatlon kaks quite stxx:esshtl. The Aspens
x~r heights of 10.12 feet and the Pines are about 9 feet. tam kroking
!nt owner, vYMCtt reflects 250 Chokecherry, Nertidrrg Cherry, and
round cover raw. Also, McCormidr end Karl Hipp plarrted a couple of
'rlSh pages. , the "rte strbe' of tha cut sde stands Out
HneM Of my retaeateflort proposal whidr would involve plentlng 50-75
Source k terttaflvefy VVkrdriver Trees treat D Jebel. I understand that
and have aerxlred approval tram the Redstone Water b 3anitaflon
slope wqh aprinMers. The goal ~ b provide the greenery treaded to
clusters wNh a taw in between. The Aspen and Flt will fAI in more as
sled in an eaAbr letter prat arty plan be nn by you errd I am pleased to
s during this rtardh of May. I confess b having some trouble M gettlng
do you ttrkric about using Spruce N we maktmtn the irrigaflon for e
ave to pkdc up my w8e at the G.J. airport tomorrow aftsmoort end
Tel: 970-9631088
and have the
rarth-faring
2. Sbc b seven foot trees should provide a mare late "brested"
, partlcttiarly in the wkrter with sraw . My oMy axtaxrt would
be gelling these much larger trees b the pleMkr~ , wflhout requMng
site diesabance from butiding additlonal erX>ese s a trails.
9. I agree that a cgimpkrg effect etrortld work vim, v~ttr a few scattered bees
in-betvreen the dumps.
4. Suppled waterkrg wtil be fairly aitlt:al urdti trees get
estabilsfred, probably 2-9 years. Your atggeetlon a sprlnWer system should
work. etiiaugh 1 would probably go with sane sort drip irrigatbn instead.
A drip system wNl conserve water, and w~ detirrer of ttte water to the
gees' toot syslertrs, where it is needed the moat.
I Hope tt,eee «xnmerds help. Please feel tree to t ore wnh eddinonal 0 0 0 0 2 6
queatiadcona3ms. KR
• I •
PITKIN COUNTY CO TY DEVELOPMENT DEPARTMENT
130.. Galena Street
Aspe Colorado 81611
PHONE# (970) 9 0-5526/FAX# (970) 920-5439
May 23, 2007
Peter Martin
102 Firehouse Road
Redstone, CO 81627
Re: Sawmill Hill Minor Am
(PID#2729-204-QO-003;
to Development Permit
P073-07)
Dear Mr. Martin:
The Planning Office has completed its
detemuned that this application is com
information, additional informations]
adequately review and process the app
the information from you directly.
unary review of the captioned application. We have
After a more detailed review of the submittal
to the application may be requested in order to
m. The planner in charge of the review will request
We have scheduled this application for revi~
Wednesday, June 27, 2007, at a meeting to 1
530 East Main St., Aspen. Should this date
working days of the date of this letter. Afte:
changes to the schedule or tabiing of the apl
problems. The Friday before the meeting d~
pertaining to the application is available at f
If you have questions,. please. call Lance
Sincerely,
Bonnie Waechtler
Administrative Assistant
w by the Board of County Commissioners on
egin at 12:00 P.M. isthe Plaza One Meeting Room at
~ inconvenient for you, please contact me within 3
that the agenda date will be considered final. and
ication will only be allowed for unavoidable technical
e, we will call to inform you that a copy of the memo
e Community Development Department.
.the planner assigned to your case, at 920-5452.
SCA.NN~:li
+~ I •
P COUNTY
COMMUNITY D VELOPMENT DEPARTMENT
130 oath Galena Street
Aa en, Colorado 81611
Phoue (970) 0.5526 FAX (970) 920.5439
TO:
FROM:
RE:
DATE:
M MORANDUM
Crystal Caucus
Lance Clazke, Community De elopment Department
Sawmill Hill Minor A
(CASE P073-07; PID
May 23, 2007
Attached for your review and comments are
Christine DeLoach. The Board of County C
27, 2007.
Please return your comments to meby
PLEASE RETURN APPLICATION
NO FURTHER NEED OF THEM.
Thank you.
to Development Permit,
for an application submitted by Peter Martin, Cecil and
oars will review the application on Wednesday, June
15, 2007.
TO COMMUNITY DEVELOPMENT IF YOU HAVE
S ED
6
~ ~/I
~~ ~~
C~ MUNITY DEVE PMENT DEPARTMENT
130 South Galena Street
Aspen, C lorado 81611
(970) 20-5526
Pitki County
Laced Use:
172 Boazd of Adjust ent
159 County Land Us Code
174 Flat Fee
162 Zoning and Sign
169 Public Notice+
160 Planning Enforc ment
175 Hearing Officer D
Referral Fees: ~ ~
210 Airport ~
LUCOl County Clerk
211 County Enginee
194 Environmental ealth
208 Historic
198 Housing
lgp Land Managem nt
209 Redstone HPC
206 Wildlife Officer
Building Feea:
170 Board of Appe s
105 Building Permi
120 Electrical Perm t
195 Energy Code R view
115 Mechanical Pe 't
150 Plan Check
110 Plumbing Pe it
130 Reinspection
152 AVFD Fire M shal
158 BFD Fire Mar hal
Other Fees:
155 Use Tax
165 Copy
PZ005 Master Plan py
185 Pazk Dedicati n
IS GIS Require nts
161 Housing Imp ct Fee
B1202 Road Impact ee
B1203 SchoolImpac Fee
TOTAL " ~ ~ .w