HomeMy WebLinkAboutbocc.con.193.2007RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO GRANTING SPECIAL REVIEW APPROVAL TO EAST SOPRIS LLC FOR A
LIMITED DEVELOPMENT CONSERVATION PARCEL, AND APPROVING AN ACTIVITY
ENVELOPE AND A CARETAKER DWELLING UNIT
Resolution No.t7'f~2~-2007
~®NTRACT #~~
RECITALS /~~~~f~
East Sopris LLC, hereafter "Applicant", has applied to the Board of County Commissioners of Pitkin
County, Colorado, hereafter "BOCC", to sever TDRs from a "Limited Development Conservation
Parcel" on which no further development is proposed, except as permitted pursuant to Sec. 6-70-40.a.9
of the Land Use Code ("Code"). The following approvals are requested:
A. Activity Envelope
B. Special Review for Severance of TDRs from a Limited Development Conservation Parcel and a
Caretaker Dwelling Unit
C. Growth Management Quota System ("GMQS") Exemption for a Caretaker Dwelling Unit
2. The property is located on East Sopris Creek Road and is more specifically described in Exhibit A.
3. The property is zoned RS-30 and contains approximately 518 acres.
4. The Applicant submitted a complete application subsequent to July 6, 2006, therefore, the application
is being considered pursuant to the 2006 Land Use Code, as amended.
5. The BOCC considered the application at a duly noticed public hearing on May 9, 2007, at which time
evidence and testimony were presented with respect to the application.
6. The BOCC finds that the property complies with the criteria for Limited Development Conservation
Parcels in Sec. 6-70-40.a.9 of the Code, and, therefore, is eligible for severance of 24 Transferable
Development Rights (TDR) Certificates.
7. The BOCC further finds that the Activity Envelope and Caretaker Dwelling Unit are consistent with the
applicable provisions of the Pitkin County Land Use Code.
8. The property is traversed by East Sopris Creek. The applicant has legally altered East Sopris Creek
to create man-made ponds on the property which are proximate to the existing residence. The
alterations to the Creek and ponds have been considered in this application.
9. The BOCC finds that the setbacks established in Section 7-20-80 of the Code will be measured from
the approximate location of East Sopris Creek as it existed prior to making alterations to create the
ponds. The setbacks will not be measured from the man-made ponds.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it grants approval to the East
Sopris LLC Special Review for Severance of TDRs from a Limited Development Conservation Parcel and a
Caretaker Dwelling Unit, Activity Envelope, and GMQS Exemption for a Caretaker Dwelling Unit, subject
to the following conditions, which shall run with the land and be binding on all successors in interest:
RECEPTION#: 543195, 10/1712007 at
11:21:16 AM,
1 ~F 13, R $0.00 Doc Code RESOLt1T10N
Janice K. Vos Caudill, Pitkin County, CO
Resolution No. '(~ 2007
Page 2
1. The Applicant 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. To the extent any inconsistency exists between prior representations or
applications and this Resolution, this Resolution shall prevail.
The Activity Envelope is divided into five (5) Areas as noted on the Site Plan and below:
A. Area 1: This area is reserved for the benefit of the current owners and their heirs for the limited
purpose of expanding the residence located in Area 5;
B. Area 2: This area is for pond and stream diversion improvements and maintenance activities
only.
C. Area 3: This area is for all future development consistent with the RS-30 zone district; and
D. Area 4: This area is limited to landscaping plantings and maintenance; and
E. Area 5: This area reflects the boundaries of a portion of the footprint of the existing residence.
A new residence may be constructed in Area 5 provided the footprint of the new construction is
identical to the footprint of the residence as it currently exists.
2. Prior to issuance of TDR Certificates, the Applicant shall be required to submit the following
documents for approval by the County Attorney and Community Development:
A. The Development Agreement memorializing the 25 year vested right for the Activity Envelope; and
B. A Conservation Easement encumbering the entire property, including the Activity Envelope.
The Conservation Easement shall prohibit further development of the property with the following
exceptions:
I) One single family residence of up to 5,750 square feet of floor area. Garage and basement
space and accessory structures shall count towards the allowable floor area. The square
footage of the barn shall not be included within the calculation of the residence's allowable
floor area.
2) One deed-restricted caretaker dwelling unit of up to 1,000 net livable square feet.
3) Agricultural buildings that accommodate on-site agricultural operations, subject to recordation
of a deed restriction pursuant to Sec. 6-30-140.e of the Code. Agricultural buildings shall not
be included in the floor area limitation.
4) Improvements, such as fencing, roads, driveways, parking pads, landscape, access roads,
septic systems, gas, electric, telephone, cable, drainage, water and sewer facilities utilities
and infrastructure associated with the permitted residential use.
5) Burial sites and grave stones for family members.
6) A replacement well outside of the Activity Envelope, if the well cannot be accommodated
within the Activity Envelope.
7) Road maintenance and improvement within the easement or right-of--way granted to the County
for East Sopris Creek Road.
8) Activities and improvements related to operating, maintaining, repairing and replacing the land,
infrastructure and improvements, including but not limited to, pond dredging, diversion
structures, spillways, grading, mitigation of environmental hazards, road and driveway
maintenance, vegetation removal, plantings (excluding fruit bearing trees and shrubs within the
Resolution No.C 2-2007
Page 3
activity area), sediment control, land clearing, grubbing, fence maintenance, maintenance of the
existing ponds and wildfire protection roads as reflected on the map filed with the Basalt Fire
Protection department and attached as Exhibit C, stocking fish, water control devices, sediment
control, weed control and erosion control, subject to any and all required County, State and/or
Federal permits.
9) Non-commercial outdoor recreational uses and activities.
3. Concurrent with issuance of the TDRs, the Applicant shall:
A. Record the Conservation Easement and the Development Agreement; and
B. Dedicate a 60' easement or grant a 60' right-of--way to the County for the portion of East Sopris
Creek Road through the property where aright-of--way was not previously granted to the County for
the limited purpose of constructing and maintaining East Sopris Creek Road to Class 4 rural access
standards as set forth in the Pitkin County Asset Management Plan (2006), a copy of which is
attached as Exhibit B; and
C. Submit for approval by the County Attorney and Community Development the Activity Envelope
Plan in accordance with Land Use Code Section 2-30-20.g.3 and Application Manual Section
2.1.1. The above referenced approvals shall be a condition precedent to finalization and
recordation. The Activity Envelope Plan shall be amended as follows:
1) Expand Area 4 to include the entire area below the driveway, where only planting may occur.
2) Expand Area 3 to the southeast, while maintaining a 100' setback from East Sopris Creek.
3) Include in the notes that the existing residence may be replaced within Area 5, but all
disturbance associated with the replacement must occur within the footprint of the existing
residence, and the portion of the replacement structure within Area 5 shall not increase in
area or bulk from what exists.
4) Include in the notes that a replacement residence may not be constructed within Area 1.
4. Prior to submission of any future building permit applications, the Applicant shall submit an
application(s) to the Community Development Department for Site Plan Review, if required, for an
addition to the existing residence, the caretaker dwelling unit or for redevelopment. At Site Plan
Review for the addition, the Applicant shall demonstrate that impacts to water quality, riparian habitat
and/or wetland areas will not occur as a result of the addition.
5. Neither growth management allotments nor growth management exemptions, including TDRs, may be
used on-site to increase floor area or to create a new development right(s).
6. The Applicant or future owner of the property shall not be eligible to apply for additional special review
uses.
7. Prior to issuance of building permit applications to expand the residence or to construct the caretaker
dwelling unit, the Applicant shall:
A. Obtain a permit to expand the ISDS or construct a new ISDS from Environmental Health/Natural
Resources.
B. Submit a drainage and erosion control plan for review and approval by the Planning Engineer.
Stormwater best management practices shall be used to control erosion in addition to the use of silt
fencing or similar erosion control methods to control sediment transport.
C. Submit a construction management plan for review and approval by the Planning Engineer
showing the locations of staging, material storage and employee and construction traffic parking.
Resolution No.G3L -2007
Page 4
D. Pay the applicable road and employee housing impact fees.
E. Complete afireplace/woodstove registration form with the Community Development
Department, if necessary.
8. Prior to issuance of a Certificate of Occupancy for an addition to the residence, a caretaker dwelling
unit or a replacement residence, the Applicant shall bring the property into compliance with the
following wildfire mitigation standards as required for development in severe wildfire hazard areas:
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows (note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions). Alternatively, the Applicant shall comply with a site specific
defensible space mitigation plan prepared by a County certified wildfire expert.
1) Brush, debris and non-ornamental vegetation shall be removed within a minimum ten-foot
(10') perimeter around all structures.
2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a
minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater
slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners,
which provides general guidelines that may be modified by a wildfire expert acceptable to
the County).
3) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be
a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be
equal to the height of the fuel. All measurements shall be from the edges of the crowns of the
fuel.
4) All branches from trees and brush within the thinly (30) foot perimeter shall be pruned to a
height often (10) feet above the ground with removal of ladder fuels from around trees and
brush.
5) Tree crown separation within the thirty (30) foot perimeters shall have a minimum often
(10) feet between the edges of the crowns, except for mature stands of aspen trees where
ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down
and dead materials shall be removed.
6) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen
(15) feet of chimneys shall be removed.
7) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be
reduced where natural reduction has not already occurred.
8) All deadfall up to a one hundred (100) foot perimeter shall be removed.
9) No new conifer trees shall be planted within ten (10) feet of a residence.
10) No flammable mulches shall be placed within two (2) feet of a residence.
11) The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Water Supply for Fire Safety
1) The Applicant shall maintain access to the pond for the Basalt and Rural Fire Protection
District Access.
2) In-house sprinkler systems shall be installed in all new structures.
Resolution No. Eat -2007
Page 5
C. Roofing.• Class A covering or Class A Assembly as defined by the currently adopted Building
Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not permitted unless
they comply with the following:
1) All roof coverings shall be constructed ofnon-combustible materials and installed on a Class
A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
3) Protrusions above the rooline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshall prior to submittal of a building permit application.
D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other:
1) One (1) hour rated material or any material underlain by 5/8" Type X gypboard or equal, or
2) "Type N" Heavy Timber materials, per the currently adopted building code.
E. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
1) Construction with noncombustible or one (1) hour rated material, or material with flame
spread QS (tested to ASTM E84 and listed for exterior use), or
2) Conventionally framed deck with waterproof surface and underside protected with 5/8" Type
X gypboard or equal (decking as "a" above), or
3) "Type IV" Heavy Timber materials: joist and beams minimum 6"x10", columns minimum
8"x8", decking minimum 4" in depth, or decking as "a" above; or equivalent log
construction, or
4) Enclose projection vertically to ground with one hour fire resistive materials. Decking as "a"
above.
F. Railings: Railings must be constructed of noncombustible or "Type N" Heavy Timber
materials.
G. Exterior of the Structure, Including All Walls
1) One (1) hour fire resistive rated materials, or
2) 5/8" gypboard underlying combustible materials, or
3) Cement stucco, minimum'/4" thickness.
4) All glazing to be tempered glazing; and
5) Doors to be meta] or wood 1 3/4" thick minimum.
H. Foundations: Foundations, skirting, and crawl space openings shall be fully enclosed and
constructed with materials approved for one (1) hour fire-resistive construction on the exterior
side of the walls and shall extend from the top of grade to the underside of the floor decking or
walls.
I. Maintenance and Miscellaneous Requirements
1) Roofs and gutters shall be kept clear of debris.
Resolution No.G~3 ~ -2007
Page 6
2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/4)
inch maximum.
3) Any outbuilding shall adhere to the same wildfire requirements.
4) Yards shall be kept clear of all litter, slash and flammable debris.
5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet
away from any structure.
6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six (6) inches.
7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet
away from the structure.
8) Swimming pools and ponds shall be accessible by the local fire district.
9) Fences shall be kept clear of brush and debris.
10) Wood fences shall not connect to other structures.
11) Fuel tanks shall be installed underground with an approved container.
l2) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and
on a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be constructed with
materials approved for two (2) hour fire-resistive construction on the exterior side of the
walls.
13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
14) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be
visible at the primary point of access from the public or common access road and installed on
anon-combustible post.
9. The Applicant shall comply with the following conditions regarding wildlife:
A. New fencing shall only be installed within the Activity Envelope.
1) Mesh or woven wire fences are prohibited.
2) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not
exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width
(top view), and shall have at least eighteen (18) inches between the lower two (2) rails.
3) Wire fencing must be three (3) strands or less. The top wire should be atwelve-point-five
(12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle
strands (which may be barbed) should be located a minimum twelve (12) inches apart and
from the top wire preventing entanglement when mule deer jump over. The bottom strand
should be sixteen (16) inches from the ground.
B. Additional fruit bearing trees and shrubs shall be not be planted within the Activity Envelope.
C. Access shall be provided to the Colorado Division of Wildlife only with the prior consent of the
owner for trapping, tagging, studying, or otherwise managing wildlife.
D. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
E. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and
be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed
feeders shall include a seed catchment pan to catch discarded seed.
F. Horse grains, pellets, and cookies shall be stored in bear resistant containers.
G. Pet food shall not be left outside.
H. Construction workers shall not be permitted to bring dogs on the site.
I. If the ponds are to be stocked with fish, the Applicant shall obtain a private lakes license and a
fish stocking permit from the Division of Wildlife.
Resolution No. v ~ ~-2007
Page 7
] 0. No development, including manipulation of vegetation, shall occur outside of the approved activity
envelope, with the exception of vegetation removal necessary to comply with the wildfire mitigation
measures described above and to drill a replacement well in a location approved by the
Environmental Health/Natural Resources and Community Development Departments if the applicant
can demonstrate that the well cannot be replaced within the Activity Envelope.
11. A ranch gate over the driveway shall be prohibited.
12. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the envelope. The fencing shall remain in place until issuance of a Certificate
of Occupancy.
13. The caretaker dwelling unit shall be limited to 1,000 net livable square feet. The kitchen shall contain a
minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least
14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A
minimum of one off-street parking space shall be provided for the unit. The Applicant shall provide one
off-street parking space for each bedroom in the caretaker unit. The caretaker dwelling unit must have
separately accessible utilities. This does not preclude shared utilities.
14. Prior to issuance of the building permit for the caretaker dwelling unit, the Applicant shall obtain and
the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit
shall be submitted to the Housing Office with the deed restriction. The Housing Office may inspect the
unit.
15. 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. Any
structures represented in the application may not be permitted under building and zoning regulations.
16. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
May 9, 2032.
17. 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.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
8`h day of April, 2007.
APPROVED AND ADOPTED on the 9`h day of May, 2007.
PUBLISHED AFTER ADOP~ON F ~ED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the /~ day of , 2007
Resolution No.G' 3L2007
Page 8
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
y
~` Michael Ow ley, Chair ~6 O-6T
Jones, Clerk to,t'~ie BOCC
VED AS TO
~~
Cindy Houben
Community Development Director
APPROVED AS TO FORM:
John Ely_, ~.
~ars~ Attorney
P024-07
PID #246730200004
53757
Page; 2 of 3
05/08/2007 02:18
JpNICE K VOS CRUDILL PITKIN COUNTY CO R 16.00 D 0.00
EXHD3IT A
LEGAL DESCRIPTION
A parcel of land withirs Section 30, Township 8 South, Range. 86 West of the Sixth Principal
Meridian, Pitlan Cotmty, Colorado, more particularly descn'bed as follows:
..
Beginning at the Southwest Comer of Section 30, Township 8 Sauth, Range 86 West of the Sixth
Principal Meridian, and proceeding
thence along the West line.of said Section 30 Nortb 00°02'72" East 2642.04 feet to the West '/.
Comex of said Section 30;
thence North 00°00'42" West 2632.68 feet to the Northwest Comer of said Section 30;
thence South 89°4b'48" East 3001.37 feet to the North'/. Comer of said Section 30;
thence along, the North line of the NE `/. of said Section 30 South 89°43'53" East 1300.51 feet to
the Northeast Comer of the NW'/ NE '/, ,of said Section 30;
thence South 00°06'38" West 2635.50 feet to the Center East 1116 Corner of said Section 30;
thence South 89°43'39" East 310.51 feet;
thence South 00°08'21-" West 1399.7' feet to the Northerly Right of Way of East Sopris Creek
Road;
41+enrn WTnno e~ir7 1~aTff nfII7°+rth°. fnlln ~v;na ulna nn+rrca.°•
...b .......~ y... .... J ...b ....+v wwvw.
along the arc of a 473.17 foot radius cittve to the left 171.21 feet (said curve having a chord
which bears North 66°20' 16" West ~T028 feet); '
thence North 76°42' 12" West 158.54 feet;
thence slang the arc of a 128.b4 feet radius curve to dIe right 86.44 feet (said curve having a
chord which bears. North 57°27' 12" West 84.82 feet);
thence along the arc of a 561.89 feet radius to the left 189.60 feet (said curve having a chard
which,bears North 47°52'12" West 188.70~feex);
thence North 57°32' ] 2a West 179.66 feed
thence along the arc of a 203:42 feet radius curve to the left 134.96 feet (said curve having a
chord which'bearsNorth 7b°32'36" West 232:SOfeet);
thence South 84°27`00" West 186.79 feet;
thence along the arc ofs 20241 feet radius carve to the right 98.17 feet (said curve having a
chord which bears North: 81 °39' 19" West 9721 feet);
thence North 67°45'39" West 80.86 feet;
thence leaving the Northerly Rightof Way of.East Sopiis Creek Road and proceeding
thence South 22°14'21" West 60.00 feet to the Southerl~•Right of Way of East Sopris Creek
Road;
thence along the Southerly Right of Way of East Sopris Creek Road the following eight courses:
South 87°45'39n East.80.86 feet;
thence along the arc of a 262.41 feet radius curve to the ]e& 127.27 feet (said curve having a
chord which bears South 8I °39' 19" East 126:03 feet);
thence North 84°27'00^ East 186.79 fde~
thence along th'e std of a 143.42 feet radius curie to the right 95.15 feef (said curve having a
chard which beats~Sauth7C°32'36'' East 93.42 feet);
thence South 57°32'12" East 17'66 feet;
thence along the arc pf a 501.87 feet radius cut've to t11e right i 69.35 feet (said curve having a
chord which beats.~autli47°52'I2'East {b8.55 feet);
thence along.the arc of a 188.64 fees radius curve. to'the leS 126.76 feet (said curve; having a
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53745?
Page; 3 of 3
05/08J2007 02:18
JRNICE K VOS CRUDILL PITKIN COUNTY CO R 16.00 A 0.00
R chord which beats South 57°27' I2" East 124.39 feet);
thence South 76°42'I2" Fzst I 17.50 feet;
thence leaving the Southerly Right of Waq of East Sopris Road and proceeding
thence South 24492 feet;
thence South 47°28'54" West 14$3.18 feet t the South line of the SE % of said Section 30;
thence along said line North 89°56'02" West 329:79 feet t the Soutlx'/. Corner of said Section
? 30;
thence North 84°S 1'44" West 2972.84 feet to the Southwest Corner of said Section 30, the Point
of Beginning.
Caunt}r of Pidan, State of Colorado
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PITKIN COUNTY
ASSET MANAGEMENT PLAN
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County Roads, Trails, & Properties
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Suggested Speed: 35 m.p.h.
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Design Capacity: 250-750 V.P.D.
Suggested Spccd: 25 m.p.h.
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Design Capacity: 2_5-300 V.t!D.
Sug¢cst~ Speed: ?A m.p.h.
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Decigrt Capacity: lxsa than 25 V.P.U.
Suggested Speed: IS m.p.h.
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DRAwN BY-ROe A. TIMROTN
SUBn{TTED: -1-6-06
8 LM
FIRE ACCESS MAP
SEC. 30, T. 8 S., R.86 W.
PITKIN COUtJTY, COLORADO
3687 t` 3691 E.SOPRIS CREEK ROIlD
~„/+ FIRE ACCESS 4ww JEEP OR ATV TR'~
® BASALT FIRE DEPT. LOCK 80%
~ HOUSt
.~-~- ~.--^ EAST SaPR~S C0.EEK
~--~- CANyON OR ORRW
-~ooo-~ ELEVpT ION CONTOUR
~ SEC TON MARKERS
RECEPTION#: 545091, 12/20/2007 at
11:40:05 AM,
1 OF 33, R $0.00 Doc Code DEED
CONSERV
Janice K. Vos Caudill, Pitkin County, CO
DEED OF CONSERVATION EASEMENT
(Timroth Ranch)
CONTRACT # ~~~
APPROVED BY
RESOLUTION
# Q3a - ~a6~
THIS DEE~ OF C SERVATION EASEMENT (the "Conservation Easement") is made and entered
into this~D"day of ~(,,~,2007, between the EAST SOPRIS, LLC, A COLORADO LIMITED
LIABILITY COMPANY , a Colorado corporation ("Grantor"), and the BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO, a body corporate and politic ("Pitkin
County") ("Grantee").
THE FOLLOWING EXHIBITS ARE ATTACHED HERETO AND INCORPORATED HEREIN
EXHIBIT A Legal Description and Map
EXHIBIT B BOCC Resolution
EXHIBIT C Activity Envelope Site Plan
EXHIBIT D Map of Roads
RECITALS
A. Grantor is the fee simple owner of that certain real property located in East Sopris
Creek Valley, Pitkin County, Colorado, as legally described in and depicted on Exhibit A
attached hereto and incorporated herein by this reference, containing approximately 518 acres
(the "Property").
B. The Property is zoned RS-30 under and pursuant to the Pitkin County Land Use
Code (the "Code").
C. On May 9, 2007, the Property was determined by the Board of County
Commissioners ("BOCC") of Pitkin County, Colorado (the "County") to meet the criteria of
Section 6-70-40(a)(9) of the Code and, in connection therewith, received approval from the
BOCC pursuant to the Code for a Limited Development Conservation Parcel. The Property's
approval and conditions of approval are documented in BOCC Resolution No.~~ - 2007 (the
"BOCC Resolution"), a copy of which is attached hereto as Exhibit B and incorporated herein
by this reference.
D. The Property contains wildlife and it has been determined that it is in the public's
best interest for the Property to be restricted to allow only limited development on the Property.
E. The Activity Envelope Site Plan (the "Site Plan") for the Property was approved
by the BOCC and is attached hereto as Exhibit C and incorporated herein by this reference. As
depicted on the Site Plan, within the Property boundaries there is an approximate 515 acre
Preservation Parcel (the "Preservation Parcel") and an approximate 3 acre Activity Envelope (the
"Activity Envelope").
F. BOCC and Grantor entered into a Development Agreement of even date herewith
(the "Development Agreement") setting forth, among other things, the uses and preservation of
the Property and the vesting of property rights of Grantor.
G. The Property shall be used, maintained and preserved upon the terms and subject
to the conditions contained in this Easement.
H. The Property contains important wildlife habitat, and also contains open space, scenic,
ecological and recreation access features and values important to the Grantor and the Grantee, the
residents of Pitkin County, Colorado, and the people of the State of Colorado (the "Conservation
Values"), and preservation of these natural features and values will yield substantial public benefit; and
I. The conservation purposes of this Deed of Conservation Easement are recognized by,
and the grant of this Deed will serve, at least and without limitation, the following clearly delineated
governmental conservation policies:
Colorado Revised Statutes §§38-30.5-101, 102, et seq., providing for the
establishment of conservation easements to maintain land "in a natural, scenic or open condition, or for
wildlife habitat, or for agricultural ... or other use or condition consistent with the protection of open
land having wholesome environmental quality or life-sustaining ecological diversity, ..."
The Colorado Wildlife and Parks and Outdoor Recreation statutes, Colorado Revised
Statutes §§33-1-101, et se .which provide that "It is the policy of the state of Colorado that the wildlife
and their environment are to be protected, preserved, enhanced, and managed for the use, benefit and
enjoyment of the people of this state and its visitors."
- The Pitkin County Land Use Code which states that the preservation of wildlife
habitat, open space and agricultural operations conforms with Policies 2-120 (Scenic Quality), 2-160
(Wildlife Management) and 2-240 (Compatibility with Agricultural Lands and Operations), 2-280
(Compatibility with Public Lands), and 2-290 (Access to Public Lands).
J. The Property remains in a substantially undisturbed and natural state which has been
documented in an inventory of the Property's Conservation Values, as described in Paragraph 4 below;
and
K. Grantor desires and intends to preserve and maintain the ecologic health, wildlife
habitat, recreational uses, open space character and the scenic qualities and values within and upon the
Property, by encwnbering the Property in its entirety with this Conservation Easement for the benefit
of Grantee, pursuant to the provisions of Section 38-30.5-101, et seg., Colorado Revised Statutes,
which provide for maintenance of these values by the continuation of land use patterns existing at the
time of this grant; and
L. Grantor, as owner of the Property, owns the affirmative rights to identify, preserve and
protect in perpetuity its agricultural values, its open space character and its significant relatively natural
features and values and further intends, as owner of the Property, to convey to Grantee a conservation
easement, as defined in §38-30.5-101, et Seq., Colorado Revised Statutes, together with the right to
preserve and protect the Conservation Values of the Property in perpetuity; and
M. Grantee is a "qualified conservation organizations" as defined by the Internal Revenue
Code, and by acceptance of this Conservation Easement, Grantee acknowledge their commitment to
honor the intentions of Grantor, as expressed herein, to preserve and protect in perpetuity the
Conservation Values of the Property for the benefit of this and future generations.
CONVEYANCE
1. NOW, THEREFORE, for and in consideration of the facts recited above and of the
mutual covenants contained herein, and For other good and valuable consideration, the receipt and
sufficiency of which are hereby confessed and acknowledged, Grantor hereby grants and conveys to
Grantee, and their assigns, a perpetual conservation easement in gross, pursuant to Section 38-30.5-101,
et seq., Colorado Revised Statutes (the "Conservation Easement"), over, across and upon the Property as
legally described and as shown on Exhibit "A", subject to the terms and conditions hereinafrer set forth.
Grantee hereby acknowledges, accept without reservation and agree to be bound by the terms and
conditions of this Conservation Easement. Grantor voluntarily grants and conveys to Grantee, and
Grantee voluntarily accepts, this Easement in satisfaction of the requirements set forth in the
Code, including specifically Section 6-70-40(h) of the Code.
2. Purpose. It is the essential purpose of this Conservation Easement to preserve and protect,
in perpetuity, the agricultural values, the natural, ecological, wildlife habitat, scenic, open space,
recreational and aesthetic features and values of the Property and, in particular, the Property. In
furtherance of this objective, this Conservation Easement is intended to establish permitted uses of the
Property which are consistent with the Conservation Values.
3. Grantee' Affirmative Ri¢hts. To accomplish the purposes of this Conservation
Easement, the following affirmative rights are hereby granted to Grantee:
(A) To identify, preserve and protect in perpetuity, and in the event of
their degradation or destruction by prohibited acts, to compel the restoration of, the natural,
ecological, wildlife, open space and scenic features and values of the Property.
(B) To enter upon the Property as necessary to exercise the rights herein
granted and to enforce the terms hereof. Grantee shall provide at least 48 hours advance notice
prior to each visit to the Property by Grantee. The Grantee shall also have the right of immediate
entry to the Property, if, in their sole judgment, such entry is necessary to prevent damage to or the
destruction of the Conservation Values protected by this Conservation Easement. The Grantor's
representatives shall have the right to accompany the Grantee' representative at all times while the
latter are on the Property.
(C) To enjoin any activity on, or use of, the Property which is
inconsistent with the terms and intent of this Conservation Easement and to enforce and compel
the restoration of such areas or features of the Property as may be damaged by such activities, as
set forth in Paragraph 20 of this document.
(D) To recommend to Grantor enhancement measures for the
3
Property, or measures which would enhance the habitat or other natural features of the Property,
and, with the permission of Grantor, which permission may be withheld in Grantor's sole
discretion, to enter upon the Property to perform such enhancement at Grantee' own expense or
that of the Grantor, if the Grantor so chooses, at times which will not unreasonably interfere with
the uses being made of the Property. No obligation shall be created or implied by this
subparagraph (D) to require the Grantee to recommend or perform any enhancement measures.
No obligation shall be created or implied by this subparagraph (D) to require the Grantor to follow
the recommendations or to perform any enhancement measure.
4. Baseline Documentation Report. The parties acknowledge that a written report will be
prepared, reviewed, and approved by both parties within nine months of the date of this
Easement (the "Baseline Documentation Report"). A copy of the Baseline Documentation
Report will be on file with both parties and by this reference made a part hereof. The parties
acknowledge that the Baseline Documentation Report is intended to establish the condition of
the Property subject to the Easement as of the date written above. The parties further agree that,
in the event a controversy arises with respect to the condition of the Property as of the
conveyance date of the Easement, or compliance with or violation of any term or provision of
this Easement, the parties may use the Baseline Documentation Report and any other relevant or
material documents, surveys, reports, and other information to assist in resolving a controversy.
5. Reserved Uses. The following uses are expressly reserved to the Grantor. However,
listing of these reserved uses shall not be interpreted as the granting of any development
approvals required to be obtained by Grantor from Pitkin County for such uses, and
Grantor acknowledges that it will still have to comply with the applicable provisions of
the Pitkin County Land Use Code, and any other similar laws in effect at the time any
such development is proposed.
A. THE ACTIVITY ENVELOPE.
(a) The Activity Envelope is divided into five (5) Areas as noted on the Site
Plan and below:
Area 1: This area is reserved for the benefit of the Timroth family and its
heirs for the limited purpose of expanding the residence located in Area 5;
Area 2: This area is for pond and stream diversion improvements and
maintenance activities only.
Area 3: This area is for all future development consistent with the RS-30
zone district; and
Area 4: This area is limited to landscaping plantings and maintenance;
and
Area 5: This area reflects the boundaries of a portion of the footprint of
the existing residence. Anew residence may be constructed in Area 5
4
provided the footprint of the new construction is identical to the footprint
of the residence as it currently exists.
(b) Within the Activity Envelope, the following types of activities may be
conducted upon the Property:
One (1) single family residence may be expanded or replaced up to
a maximum floor area of 5,750 square feet. Gazage and basement
space and accessory structures shall count toward the allowable
floor area. The square footage of the barn shall not be included within
the calculation of the residence's allowable floor area;
ii. One (1) deed restricted caretaker dwelling unit of up to one
thousand (1,000) net livable square feet and such net livable square
footage shall not count against the floor area of the single family
residence under 4.(b)i. above;
iii. An unlimited number of new agricultural buildings may be built to
accommodate on-site agricultural operations and shall not count as
floor area for purposes of 4.(b)i. above, subject to recordation of a
deed restriction pursuant to Section 6-30-140(e) of the Code;
iv. Improvements, such as fencing, roads, driveways, parking pads,
landscape, access roads, septic systems, gas, electric, telephone,
cable, drainage, water and sewer facilities, utilities and
infrastructure improvements associated with the permitted uses;
v. All uses allowed by right in the RS-30 zone district
6. Consistent Uses. The following uses and practices, though not an exhaustive
recital of consistent uses and practices are consistent with this Conservation Easement.
However, listing of these consistent uses shall not be interpreted as the granting of any
development approvals required to be obtained by Grantor from Pitkin County for such uses,
and Grantor acknowledges that it will still have to comply with the applicable provisions of the
Pitkin County Land Use Code, and any other similar laws in effect at the time any such
development is proposed. The following uses and practices shall in no way be precluded,
prevented or limited by this Conservation Easement: Anywhere on the Property (within the
Preservation Parcel and/or the Activity Envelope), the following is permitted:
A. Burial sites and gravestones for family members;
B. A horse corral with a location to be determined.
C. Anew well and well line to the improvements. If a new well
cannot be accommodated within the Activity Envelope to meet
the Owner's desired water demands, the well can be located on
the Preservation Parcel;
D. Activities and improvements related to operating, maintaining,
repairing and replacing the land, infrastructure and
improvements, including but not limited to, pond dredging, de-
siltation of Beaver Ponds, diversion structures, spillways,
grading, mitigation of environmental hazards, road and
driveway maintenance, vegetation removal, plantings
(excluding fruit bearing trees and shrubs within the activity
area), weed control, erosion control, sediment control, stocking
fish, water control devices, land clearing, grubbing, fence
maintenance, maintenance of the existing ponds and wildfire
protection roads as reflected on the map filed with the Basalt Fire
Protection department and attached as Exhibit D,
E. Road maintenance and improvements to East Sopris Creek Road;
F. Non-Commercial outdoor recreational uses and activities; and
G. The taking of such reasonable steps as are necessary to control
erosion and to prevent sedimentation of streams or ponds on the
Property.
H. The right to maintain, repair, rebuild or, if destroyed, reconstruct or
replace existing fences. New fencing shall be consistent in height and
type with DOW standards designed to prevent interference with wildlife.
I. Such cutting and removal of timber or brush as may be reasonably
necessary for fire protection, disease prevention, safety, to eliminate an
obstruction or to control insect infestation or the invasion of non-native
species. Trees and shrubs that interfere with irrigation and fencing may
also be removed from and along ditches and fence lines, and may also
be removed from the meadow areas existing at the time of this
Conservation Easement. However, Grantor is encouraged to leave
standing dead timber for habitat purposes to the extent such dead timber
does not pose a danger.
J. Commercial hunting and fishing upon the Property, so long as
conducted in accordance with DOW regulations.
K. Performance of any restoration or improvement measures for
the habitat or natural features of the Property, as recommended
and/or approved by Grantee.
L. Maintenance of roads and trails existing as of the date of this
Conservation Easement and identified in the Baseline
Documentation, including but not limited to the roads identified on
the map attached hereto as Exhibit D.
M. The leasing or licensing of the Property, or portions thereof,
subject to this Conservation Easement, for uses and purposes
consistent with the Conservation Values and in accordance with
applicable laws and regulations. All such leases and licenses shall
be in writing and Grantor shall provide a copy thereof to the
Grantee;
N. Model airplane airfield; and
O. Gathering of firewood for non-commercial purposes.
7. Prohibited Uses. The following uses and practices by Grantor, though not an
exhaustive recital of inconsistent uses and practices, are inconsistent with the purposes of this
Conservation Easement and shall be prohibited on the Property unless approved in writing by
Grantee:
(A) The material change, disturbance, alteration or impairment of the natural,
ecological, wildlife, open space or scenic features or values of the Property, except as otherwise
permitted in this Conservation Easement.
(B) The Development of any roads or Structures (as such term is defined in the
current version of the Pitkin County Land Use Code, attached hereto as Exhibit "E") on the
Property, except as permitted in this Conservation Easement or as requested by Grantor (subject to
the prior written approval of the Grantee, such approval to be based upon a determination by
Grantee that the construction of and proposed location of any Structure or road will not diminish or
impair the Conservation Values of the Property, or are otherwise consistent with this Conservation
Easement, and such approval shall not be unreasonably withheld). Any approval granted under the
terms of this subparagraph shall be for purposes of compliance with the terms of this Conservation
Easement only, and shall not be interpreted as the granting of airy development approvals required
to be obtained by Grantor from Pitkin County for such uses, and Grantor acknowledges that it will
still have to comply with the provisions of the Pitkin County Land Use Code, and any other similar
laws in effect at the time any such development is proposed. The prohibition set forth in this
subparagraph shall apply to the whole Property and shall continue even if the Pitkin County Land
Use Code is revised to amend or eliminate such definitions or if the Property, or any portion of the
Property, is annexed into a municipality which does not adopt the same definition of "Structure" as
exists in the Pitkin County Land Use Code.
(C) The removal, destruction, spraying, cutting or clear cutting of native
vegetation or trees, except as permitted in this Conservation Easement, and except for wildfire
prevention or control.
(D) The introduction of non-native plant or animal species to the Property, except
as permitted in this Conservation Easement; provided, however, that Grantor shall have the right to
introduce, cultivate and raise non-native crop and animal species on the Property for commercial
agricultural purposes, recreation and weed and pest control.
(E) The construction of fences is prohibited if not in compliance with the
Department of Wildlife (DOW) regulations except that horse barns are permitted. ,
(F) The commercial mining or extraction of soil, sand, gravel, oil, natural gas,
fuel, coal, or any other mineral substance owned by Grantor as of the date of this Deed or later
acquired by Grantor, using any surface mining method is prohibited; provided that mineral
extraction is permitted if such extraction is not accomplished by any surface mining method and
the method of extraction has a limited, localized impact on the real property that is not
irremediably destructive of the Conservation Values of the Property, and provided further that
the proposed mining or extraction will not substantially diminish or impair the Conservation
Values of the Property. No extraction permitted pursuant to this paragraph shall occur without
submittal of a plan for the same to Grantee for Grantee's approval, which notice shall include a
description of the type of extraction, the areas within which such extraction shall occur, and the
anticipated impact thereof. Any lease, surface use agreement, or other conveyance by Grantor to
a third party of mineral rights subsequent to the date of recording of this Deed shall be subject to
the restrictions of this Deed and shall so state, shall contain terms consistent with the provisions
of this Deed, and a copy of the same shall be provided to Grantee for Grantee's review and
approval for consistency with the Conservation Values. The plan shall provide that the
extraction permitted is not irremediably destructive of the Conservation Values nor does it
substantially diminish or impair the Conservation Values of the Property. In addition to such
other measures as Grantee may reasonably require to protect the Conservation Values of the
Property, the plan must provide for:
(i) concealing all facilities or otherwise locating them to be compatible with
existing topography and landscape to the greatest practicable extent,
(ii) minimizing construction of any new roadways and locating and
constructing such roadways so as to minimize adverse effects of the
roadways on the Conservation Values of the Property, and
(iii) restoring any altered physical features of the land, including drill sites and
roadways, to their original state and reclaiming the restored topography
with appropriate vegetation.
(G) The dumping or other disposal of refuse, garbage, or other unsightly or
offensive material, other than agriculture-related trash and refuse produced on the Property. This
prohibition does not prevent storage of agricultural products and by-products on the Property in
accordance with all applicable government laws and regulations. Notwithstanding anything in this
Conservation Easement to the contrary, this prohibition does not make the Grantee an owner of the
Property nor does it permit the Grantee to control the use of the Property by the Grantor, which may
result in the storage, dumping or disposal of hazardous or toxic materials; provided, however, that
the Grantee may bring an action to protect the Conservation Values of the Property. This prohibition
does not impose liability on the Grantee, nor shall the Grantee be construed as having liability as a
"responsible party" under CERCLA or similar federal or state statutes.
(H) The transfer of development rights which were, are or may be appurtenant
to the Property, except that the Grantor shall receive twenty-four (24) Transferable
Development Rights (TDRs) evidenced by twenty-four (24) TDR Certificates issued by the
County upon recordation of this Easement. This right to certify the TDRs is specifically
reserved in accordance with the requirement set forth in Section 6-70-40 (a)(2). The parties
8
hereto acknowledge and agree that all other development rights appurtenant to the Property are
forever extinguished by virtue of the grant of this Conservation Easement, with the exceptio O(tl)
limited development allowed by Paragraphs 5 and 6 above. Pursuant to Sections 2-40-30 a 3
and 2-40-30(a)(5) of the Code, Grantor acknowledges that the development rights have been
severed from the Property and that future development on the Property is prohibited except
as otherwise permitted by this Easement,
(I) The raising of domesticated elk, except at locations on the Property and
with fencing approved by DOW.
(J) The further division or subdivision of land except as approved by the
Grantee.
Grantee' A royal of Unlisted but Consistent Uses and Practices.
(A) Paragraphs 6 (Consistent Uses) and 7 (Prohibited Uses) are not exhaustive
lists of such uses and are not intended to be exhaustive lists of the uses. In the event Grantor wishes
to engage in anon-agricultural use or practice on the Property which is not listed within paragraphs
6 or 7 above, Grantor shall send Grantee a written notice prior to engaging in any proposed activity,
inquiring whether such activity is consistent with the Conservation Values, which notice shall
describe all material aspects of the proposed activity.
(B) Grantee shall have sixty (60) days from the receipt of such notice, as
indicated by the registered or certified return receipt, to review the proposed activity and to notify
Grantor of their objections thereto, if any. Such objections shall be based upon Grantee' considered
opinion that the proposed activity is inconsistent with this Conservation Easement. If at all possible,
said notice shall inform Grantor of the manner in which the proposed activity can be modified to be
consistent with this Conservation Easement.
(C) Should Grantee fail to post their response to Grantor's notice within sixty
(60) days after their receipt of Grantor's notice, the proposed activity as described by Grantor shall
automatically be deemed consistent with the terms of this Conservation Easement, and Grantee shall
Gave no further right to object to the activity identified in Grantor's notice; provided, however, that
if such activity is terminated or abandoned, then Grantor shall again be required to provide notice
pursuant to paragraph 8(A) above, and [he Grantee shall have the same right of review as provided
in this paragraph 8.
(I7 Grantor shall be under no liability or obligation for any failure in the giving
of notice as required above with regard to any emergency activity undertaken by Grantor
necessitated by virtue of fire, flood, act of God, or other element or cause beyond the control of
Grantor. In the event of such emergency activity, Grantor shall promptly notify Grantee of all
actions taken by Grantor, the damages to the Property, if any, and Grantor's proposal far subsequent
remedial action, if any be required.
(E) In the event Grantor and Grantee disagree as to whether a particular use or
practice is a "Consistent Use" or a "Prohibited Use", as defined herein, or if Grantor disagrees with
a determination by Grantee that a proposed activity is inconsistent with this Conservation Easement,
Grantor and Grantee may submit the dispute to such form of mediation, arbitration, or conflict
resolution as may be mutually acceptable to Grantor and Grantee. However, each party shall pay its
own attorney's fees, if any, regardless of outcome.
9. Taxes and Assessments. Grantor agrees to pay before delinquency any and all real
property taxes, fees, assessments and charges of whatever description assessed or levied on or
against the Property, including any tax or assessment on the Conservation Easement (collectively,
the "Taxes"), and to indemnify the Grantee therefrom. Grantor shall furnish Grantee with
satisfactory evidence of payment of Taxes, upon request. Should Grantor fail to pay any Taxes
before they become delinquent, Grantee may, at their sole discretion and without obligation, pay
such Taxes, and all interest and penalties accrued thereon, in accordance with any bill, statement or
estimate procured from the appropriate authority, without inquiry into the validity of the Taxes or
the accuracy of the bill, statement or estimate, and the obligation created by such payment shall bear
interest until paid by Grantor to Grantee at the same rate of interest as allowed by law to be
collected on delinquent taxes before tax sale.
10. Public Access. Nothing contained herein is intended to either grant, or
prohibit public access to the Property. Such access may be granted in the future at the
Grantor's sole discretion.
11. Residual Estate. As expressly provided in Section 38-30.5-105 of the Colorado
Revised Statutes, all interests and rights of ownership not transferred and conveyed to Grantee by this
Conservation Easement shall remain in Grantor, including the right to engage in or permit or invite
others to engage in all uses of the Property which are not expressly prohibited by this Conservation
Easement or by law and are not inconsistent with the purpose of this Conservation Easement.
]2. Extin uishment: Proceeds.
(A) If circumstances arise in the future that render the conservation purposes of
this Conservation Easement impossible to accomplish, this Conservation Easement can only be
terminated or extinguished, whether with respect to all or part of the Property, by judicial proceeding
in a court of competentjurisdiction, initiated at the joint request of Grantor and Grantee. Each party
shall promptly notify the other when it first learns of such circumstances.
(B) The amount of the proceeds to which the Grantee shall be entitled, after the
satisfaction of prior claims, from any sale, exchange, condemnation or involuntary conversion of all or
any portion of the Property subsequent to such termination or extinguishment, shall be determined, unless
otherwise provided by Colorado law at the time, in accordance with the provisions of Paragraph 13
below.
13. Subsequent Sale Exchange Condemnation or Involuntarv Conversion. Grantor
and Grantee agree that the granting of this Conservation Easement immediately vests the Grantee
with a real property right, and the fair market value of this property right as compared to the fair
market value of the entire Property is the amount equal to the ratio of the appraised value of this
Conservation Easement to the unrestricted fair market value of the Property, as determined by a
qualified appraisal on the effective date of any condemnation or involuntary conversion. Thus, if this
Conservation Easement is terminated or extinguished, in whole or in part, then, Grantee shall be
entitled to a portion of the proceeds as would otherwise be required by Internal Revenue Service
regulation 1.170A-14(g)(6) were this Easement the subject of a tax deduction.
14. Subsequent Transfers. Grantor agrees to incorporate by reference the terms of this
Conservation Easement in any deed or other legal instrument by which it divests itself of any
10
interest in all or a portion of the Property, including, without limitation, a leasehold or license
interest. The failure of Grantor to perform any act required by this paragraph shall not impair the
validity of this Conservation Easement or limit its enforceability in any way.
15. Hold Harmless.
(A) Grantor shall hold harmless, indemnify and defend Grantee, their
volunteer board members, employees, contractors, agents and the heirs, personal representatives,
successors, and assigns of each of them (collectively "Indemnified Grantee") from and against all
liabilities, penalties, costs, lasses, damages, expenses, causes of action, claims, demands or
judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way
connected with: (1) injury to or the death or any person, or physical damage to any property,
resulting from any act, omission, condition, or other matter related to or occurring on or about the
Property, unless due solely or in part to the negligence or intentional act of any of the Indemnified
Grantee; (2) the presence or release of hazardous or toxic substances on, under or about the
Property, unless such release was caused by one or more of the Indemnified Grantee. For the
purpose of this pazagraph, hazardous or toxic substances shall mean any hazardous or toxic
substance which is regulated under any federal, state or local law. Without limiting the
foregoing, nothing in this Deed shall be construed as giving rise to any right or ability in
Grantee, nor shall Grantee have any right or ability, to exercise physical or managerial
control over the day-to-day operations of the Property, or otherwise to become an operator
with respect to the Property within the meaning of The Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended.
16. Amendment.
(A) The fact that any use of the Property that is expressly prohibited by this
Conservation Easement, or any other use determined to be inconsistent with the purpose of this
Conservation Easement, may become greatly more economically valuable than consistent uses allowed
by this Conservation Easement, or that neighboring properties may in the future be put entirely to uses
that are not permitted hereunder, has been considered by the Grantor in granting this Conservation
Easement. It is Grantor's belief that any such changes will increase the benefit to the public of the
continuation of this Conservation Easement, and it is the intent of both Grantor and Grantee that any
such changes should not be assumed to be circumstances justifying the termination, extinguishment or
automatic amendment of this Conservation Easement. In addition, the inability to carry on any or all of
the Consistent Uses, or the unpro£dability of doing so, shall not impair the validity of this Conservation
Easement or be considered grounds for its termination, extinguishment or automatic amendment.
(B) Notwithstanding the foregoing, however, Grantor and Grantee recognize that
circumstances may arise under which an amendment to or modification of this Conservation Easement
would be appropriate, and that in certain instances this Conservation Easement provides for an
amendment. Accordingly, Grantor and Grantee mayjointly amend this Conservation Easement,
provided that no amendment shall be allowed that will affect the qualification of this Conservation
Easement under Section 3830.5-101, et se ., Colorado Revised Statutes, nor its qualification as a
conservation easement for purposes of the Internal Revenue Code, and any amendment shall be
consistent with the conservation purposes of this Conservation Easement, and shall not affect its
perpetual duration. Any such amendment shall be recorded in the real estate records in the office of the
Clerk and Recorder of Pitkin County, Colorado. Although this paragraph recognizes that an
amendment to this Conservation Easement may be appropriate in certain circumstances, the terms of
this paragraph do not create an obligation on the part of either Grantor or Grantee to agree to an
11
amendment requested by the other party except as otherwise specifically required herein.
17. Enforcement and Waiver. Enforcement of the terms and provisions of this
Conservation Easement shall be at the discretion of Grantee. Any forbearance on behalf of Grantee to
exercise their rights hereunder in the event of any breach by Grantor shall not be deemed or construed
to be a waiver of Grantee' rights hereunder in the event of any subsequent breach. Grantor hereby
waives any defense of laches, estoppel or prescription, and, agrees that in lieu of the one (])year
limitation imposed by C.R.S. §38-4I-119, a three (3) year limitation shall apply to the violation of any
building restriction contained in this Conservation Easement.
18. Enforcement of Rights.
(A) In the event of a violation by Grantor or a third party of any term,
condition, covenant, or restriction contained in this Conservation Easement, Grantee shall give
the Grantor written notice of such violation, describing the violation and making demand on
Grantor that the violation cease and be remedied. If, after thirty (30) days following receipt of
such notice (as indicated by the registered or certified mail return receipt), the violation has
not been corrected or the prohibited use terminated, and any damage to the Property remedied
and the Property restored, or steps taken to ensure the swifr restoration of the Property; or,
alternatively, if a written explanation to Grantee of the reason why the alleged violation
should be permitted is not delivered to Grantee within such thirty (30) day period, the Grantee
may enjoin by temporary or permanent injunction such violation and/or institute a suit for
damages for breach of covenant, or may take such other action as they deem necessary to
insure compliance with the terms, conditions, covenants, and purposes of this Conservation
Easement. Should the breach of this Conservation Easement be an impermissible conveyance
of water rights in violation of Paragraph I 1 above, such conveyance shall constitute a
fraudulent land transaction and shall be grounds for the Grantee to void the transfer or sale.
Nothing herein shall prohibit Grantee from pursuing immediate judicial relief, including
injunctive relief, when an ongoing or imminent violation, in the reasonable judgment of
Grantee, could irreversibly diminish or impair the Conservation Values of the Property. The
failure of Grantee to discover a violation or to take immediate legal action shall not bar them
from doing so at a later time.
(B) Grantor further intends that should any Prohibited Use be undertaken
on the Property, the Grantee shall have the right to cause the restoration of that portion of the
Property, affected by such activity to the condition that existed prior to the undertaking of
such prohibited activity. In such case, the cost of such restoration shall be borne by Grantor.
Nothing contained herein shall be construed to preclude Grantor from exhausting legal
remedies in determining whether the proposed activity to which the Grantee have objected is
consistent with this Conservation Easement.
(C) Any costs incurred by Grantee in enforcing the terms of this
Conservation Easement against Grantor, including, without limitation, costs of suit and
reasonable attorney's fees (even in the event that the Grantee secure redress without a
completed judicial proceeding), and any costs of restoration necessitated by violation of the
terms of this Conservation Easement, shall be repaid immediately to Grantee by Grantor. If
Grantor prevails in any action brought by one or both of the Grantee to enforce the terms of
this Conservation Easement, the costs of suit, including, without limitation, reasonable
attorney's fees of Grantor, shall be paid by the Grantee or Grantee who brought the action.
12
(D) Nothing contained in this Conservation Easement shall be construed
to entitle Grantee to bring any action against Grantor for any injury to or change in the
Property resulting from causes beyond the control of Grantor, including, without limitation,
fire, flood, storm, earth movement and acts of God, or from any prudent or good faith action
taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury
to the Property resulting from such causes.
(E) Notwithstanding any other provision hereof to the contrary, upon a
transfer to a third party of Grantor's interest in the Property, Grantor's rights and obligations
under this Conservation Easement shall automatically pass to said third party, and Grantor
shall have no further rights or responsibilities hereunder, except that the liability for acts or
omissions occurring prior to transfer shall survive transfer.
(F) Notwithstanding anything herein to the contrary, the provisions of this
conservation Easement may be enforced by either of the Grantee individually or by both Grantee jointly.
19. Assignment.
This Easement is transferable only if Pitkin County ceases to exist;
20. Grantor s Title Warranty' Subseuuent Liens on the Property. Grantor warrants that
Grantor has good and sufficient title to the Property and hereby promises to defend the same against all
claims from persons claiming by, through or under Grantor. No provisions of this Conservation Easement
shall be construed to impair or prevent Grantor's right to encumber the Property with a mortgage, lien, or
to otherwise use the Property as collateral for a loan; provided that any mortgage or lien arising from such
a borrowing shall be subordinate to this Conservation Easement.
21. Binding Effect Severability. This Conservation Easement shall run with the title to the
Property, and shall be binding upon and inure to the benefit of the parties hereto and their respective
heirs, personal representatives, successors and assigns in perpetuity. If any provision of this
Conservation Easement or the application thereof to any person or circumstance is found to be
invalid, the remainder of the provisions hereof and the application of such provision to persons or
circumstances other than those to which it is found to be invalid, shall not be affected thereby.
22. Notices. Any notice, demand, request, consent, approval, or communication that any
party hereunder desires or is required to give to any other party shall be in writing and shall be sent by
registered or certified mail, return receipt requested, postage prepaid, addressed as follows or to such
other address as any party from time to time shall designate by written notice to the other parties:
If to Grantee: Pitkin County Attorney
530 East Main Street 3`d floor
Aspen, CO. 81611
With copy to: Open Space and Trail Director
530 East Main Street 3`a floor
Aspen, CO. 81611
13
If to Grantor: East Sopris, LLC
Attention: Ron and Zana Timroth
P.O. Box 190
Snowmass, CO 81654
With copy to: Valana K. Timroth
P.O. Box 7861
Northridge, CA. 91327
(818)363-8806 and
Allen Adger P.C.
174 Midland Avenue Ste. 204
Box 646
Basalt, CO. 81621
970 927-9090
23. Interpretation. The provisions of this Conservation Easement shall be liberally
construed to effectuate their purpose of preserving and protecting the Conservation Values of the
Property. No remedy or election given by any provision in this Conservation Easement shall be
deemed exclusive unless so indicated, but it shall, wherever possible, be cumulative with all other
remedies at law or in equity. The parties acknowledge that each party and its counsel have reviewed
and revised this Conservation Easement and that no rule of construction that ambiguities are to be
resolved against the drafting party shall be employed in the interpretation of this Conservation
Easement- In the event of any conflict between the provisions of this Conservation Easement and the
provisions of any use and zoning restrictions of the State of Colorado, Pitkin County, or any other
governmental entity with jurisdiction, the more restrictive provisions shall apply. This Conservation
Easement shall be interpreted in accordance with the laws of the State of Colorado. The requirement
far the approval or consent of the Grantee hereunder shall be deemed to mean both Grantee.
24. Recordation. The Grantee shall record this instrument and any and all
amendments hereto in timely fashion in the real estate records of the Clerk and Recorder of
Pitkin County, Colorado, and may re-record same at any time as may be required to preserve
Grantee' rights in this Conservation Easement.
25. Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Easement and supersedes all prior discussions,
negotiations, understandings, or agreements relating to the Conservation Easement, all of
which are merged herein.
26. Joint Obligation. In the event the Property is subsequently owned by more
than one owner, all such owners shall be jointly and severally liable for the obligations
imposed by this Conservation Easement upon Grantor.
27. Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect
upon its construction or interpretation.
14
28. No Merger. No merger shall be deemed to have occurred hereunder or under any
documents executed in the future affecting this Easement, unless the parties expressly state that they
intend a merger of estates or interests to occur.
29. Termination of Rights and Obligations. A party's rights and obligations under this
Easement terminate upon transfer of the party's interest in the Easement or Property, except that
liability for acts or omissions occurring prior to transfer shall survive transfer.
30. No Third Party Beneficiaries. This Easement is entered into by and between
Grantor and Grantee, and is solely for the benefit of Grantor, Grantee, and their respective
successors and assigns for the purposes set forth herein, and does not create rights or
responsibilities in any third parties beyond Grantor, Grantee.
31. No Land Use Approval Granted Herein. The agreement by Grantee that the uses
reserved herein are consistent with the terms of this Conservation Easement shall not be interpreted as
the granting of any approvals required to be obtained by Grantor from Pitkin County for such uses, and
Grantor acknowledges that it will still have to comply with the applicable provisions of the Pitkin -
County Land Use Code, and any other similar laws in effect at the time any such development is
proposed.
15
IN WITNESS WHEREOF, Grantor and Grantee have executed this
Conservation Easement as of the day and year first above written.
GRANTOR:
EAST SOP~RIS~LLC~OLORADO LIMITED LIABILITY COMPANY
By: i'ir3a~'~/~• es
1~IN ,~, ~T'/IfJRaTN
STATE OF ~~?.',Gi' D )
ss.
COUNTY OF y-/ u~ )
The fo e oin instrume~ was aS~'~ow d ed before me this ~ day of
• , , ~ g ,g 007 by ____/ 't~ -~t~ ~/11'~/~~. ,the ~t~cr % ta., of the
EAST SOPRIS, LLC, A COLORADO LIMITED LIABILITY COMPANY
Witness my handarad official seal.
M commission expi es:
Y...
~,j~~jl E Jp~E~ .; ~, ~i , ~ ~ e
'~T;,~~~~R~s'• Not ' Public
ST~\v''r``~
v' E..
e V~ ,`~
0I •f.~k,,,n`,
~.,,.~., . ,. , r~~
Jones
Clerk an Recorder
APPROVED AS TO FORM
~_~~
_.. ->
_ /-
Jo Ely""
y Attorney
GRANTEE:
BOARD OF COUNTY COMMISSIONERS
OF PITKIlV COQ
By: 1 ', I U:' ~,'~
~ Michael Owsley~
DATE: ;'? /
f
MANAGER APPROVAL:
Hilary F1 [ er
County nager
C M NDE R PPROVAL:
D le ill, Di ector
Pitkin County Open Space and Trails
,COLORADO
'; VJ
16
. ,..~ ~
IIIIII~IIIY ~IIIII II~~~lll~l lll~I~IIII~III~~IIII IIIIB 0 0B 2000002:18
EXIIIBIT A
LEGAL DESCRIPTION
A parcel of Lod within Section 30, Towmhip 8 South, Rangy 86 West of the Sixth Prinripal
Metidiaq Firkin Catmty, Colorado. mare partiallatly desaihed as foDoas~
13egitudng at the Southwest Comer of Satiaa 3D, Township B South, Range 66 West of the Suth
Priadpat Meridian, andpmceediag
theaea along the Went lioeofsaui Seet[aa 30 Nonh 00°03'22" East 2642.04 feet to the West k
Coma of said Section 30;
th(sce Nordt 00°00'42^ West 2632.68 feet to the Northwest Comer of said Scctioa 30;
thence Sovth 69°46'48" Emt 300137 feet to the Not[h',4 Ctxne of said Section 30;
thence along the North line of the NE :G of said Saxon 30 South 89°43.53" East 1300.51 feet to
the Northeast Come of the NW ti NE'ti of said Section 30;
thence South 00°06'38" West 2635.50 feet to the Center Fast 1116 Comer of said Section 30;
three Booth 89°4339^ Fast 3 J0.31 ftxx; '
thence Sowh DD°08'21"West 1399.77 Sett to the Notthedy Right oC Way ofFast Sopty 41 calf
~~:
throe along said Right of Waythe folLwiag aiae wtnses:
iloag the am of B 473.171aottadita crave to the left 17121 feet (said curve having a chord
' whisk beats Nottb 66°20'] 6" West j71128 fett);
thence North 76°42']2" West 15854 feeK
thaaee along the ascof a 128.64 ftxtta<lim tsave to theright 86.44 fief (said nave having a
ehond wlochbsms North s7°27'12" west 84.82 feer):
thtuce along ttie etc of a 561.89 feetredius to the ]eft 189.60 feet (said verve having a chord
which beets North 4T52']2" West 1$8.70feet};
thence North 57°32' ]2" West 179.66 feed
thence ilong the etc of;'a 203.42 feet tadias nm•a to the ]eft 134.96 feet (said curve having a
rLotd whichbean-North 76°32'36" West 13250 fat);
thence Sottdt 8427'0' West t 86.79 fiat;
thence along 15e arnofn 2f)z4i fai~radim cmva to the right 96.17 Feet (said tame having a
chord which bean Nordi 81°39' 19" West 97.21 Car);
thence North 67°4539" West 80.86 feat;
thence ieaving the Nottheriy Rightof Way of Past Sopris CYeek Reed arrd proceeding
thence South 22°14'21^ West 60.110 fat to the Stluthaiy Right of Wey of Pact Srtpris Ctitek
Road;
. thence along the Sotttherly Right of WayofFast Sopris Greek Road the following eight coms~°;
South 8T4~'39^ Past 80.66 feet;
thence along the am ofa 262.41 feet radim verve to the kft 127.27 feet (said curve having a
chord which bears South 81 °39' 19" Fast 126.D3 far);
thence North 842T00' Eau 186.79 ~
throw along Ne: ato ofa 143.+12 fat radim auve to the right 95.15 feet (said curve having a
chord which bemsSouth76°32'3G' East 93.42 feat);
thence South 57°32'72^ East 179X6 Beet;
thence ilongthe smofa 501.87 fey radius alive Zo the tilt 16935 fxt (said nave having a
chotdwhichheets.$outft47°52'IZ"Fast168S5fett);
thence ilong.the am of a 188.64 fay radius curve to the left 126.76 foet (said nlrvo having a
--~
`II' ` `` `I ` ` ` 537457
~IIIII ~IIII III I~ IIIIt~ ~lll l~ll lll~ll ~ll ~~l~l llll l~ll 00 aieaozeae0az. to
° chord which bees South 5727' 12" East 124.39 fact);
thence South 76°42'12" East t 17.50 f«x;
theta leaving the SottthexlyRighrof Way of Eart Sapxia Road and laoeeading
thence South 244.92 feet;
thence South 47°28'54^ Weu 1483.18 fiat t the South lice of the SE '/. of said Section 30;
tLeaee along said line North 89°56'02'.' West 329.79 feu tthe Sotulr % Cotaa of said Seedon
30;
them North 89°S 1.44" West 297284 4roc to the Southwest Comex of said Section 30, the Point
of Begianin`g.
County of Pitlin, State of Co]orado
Fxhi6it S
RESOLUTION Of THE BOAIZU OF COUNTY COtiTB415SlONERS OE I'I'I'KIN COUNTY,
COLOIZAllO GI2AN'TING SPECIAL REVIEW APPROVAL, TO EAST SOI'I2IS LLC FOR A
LIMITED DEVELOPMENT CONSERVATION PARCEL, ANU AI'}'ROV[NG AN AC'I'[VITY
ENVELOPE AND A CARETAKF,R D~1'E1,LING tiNIT
Resolution No.(7~~2007
RECITALS
1. East Sopris LLC, hereafter "Applicant", has applied [o the Board of County- Commissioners of Pitkin
County, Colorado, hereafter "BOCC", to sever TDRs from a "Limited Development Conservation
Parcel" on which no further development is proposed, except as permitted pursuant to Sea 6-70-40.a.9
of the Land Use Code ("Code"). The following approvals are requested:
A. Activity Em'elape
B. Special Review far Severance of TDRs from a Limited Development Conservation Parcel and a
Caretaker Dwelling Unit
C. Gro~32h Management Quota System ("GMQS") Exemption for a Caretaker Dwelling Unit
2. The property is located on East Sopris Creek Road and is more specifically described in Exhibit A.
3. The property is zoned RS-30 and contains approximately 518 acres.
4. "fhe Applicant submitted a complete application subsequent to July 6, 2006, therefore, the application
is being considered pursuant to the 2006 Land Use Code, as amended.
5. The BOCC considered the application a[ a duly noticed public hearing on Relay 9.2007, at which time
evidence and testimony were presented with respect to the application.
6. The BOCC finds that the property complies with the criteria for Limited Development C'onscn•ation
Parcels in Sec. 6-70-40.a.9 of the Code, and, therefore, is' eligible for severance of 24 Transferable
Development Rights (TDR) Certificates.
7. The BOCC further finds that the Activity Envelope and Caretaker Dwelling Unil arc consistent with the
applicable provisions of the Pitkin County Land Use Code.
8. The property is traversed by Easl Sopris Creek. 'fhe applicant has legally altered East Sopris Crcck
to crcatc man-made ponds on the property which are proximate to the existing residence. "1'hc
alterations to the Creek and ponds have been considered in this application.
9. The BOCC finds that the setbacks established in Section 7-20-8(l of the Code will be measured from
the approximate location of East Sopris Crcck as it existed prior to making alterations to crcatc the
ponds. The setbacks will not be measured from the man-made ponds.
NOW, TIIEREFORE, BE IT 12ESOLVEll by the 13000 that it grants approval to the East
Sopris LLC Special Review for Severance of l'DRs from a Limited Development Conservation 1'arccl tmd a
Caretaker Dwelling lJnit, Activity Envelope, and GMQS Exemption lix a Caretaker Dwelling lJnit, suhjcct
to the following conditions, which shall run with the land and be binding on all successors in intcrusc
RECEPTIONk: 543195, 10!17/2007 at
11:21:16 AM,
t of 13. R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
Itesofulrwi Nu. (~ j~-?007
Pn~e 2
l . l he Applicant shall adhere to all material rcprescntations made in the current or prior applications or in
public meetings or hearings and shall consider [host representations to be conditions of approval, unless
antendcd by other conditions. To the extent any inconsistency exists bctv+cen prior rcprescntations or
applications and this Resolution, this Resolution shall prevail.
2. The Activity Envelope is divided into five (5) Area; as noted on the Site Plan and below':
A. Area L This area is reserved for the bcncflt of the current owners and their heirs for the limited
purpose of expanding the residence located in Area ~;
B. Area 2: This area is for pond and stream diversion improvements and maintenance activities
only.
C. Area 3: This area is for all future development consistent with the RS-30 zone district; and
D. ;\rea 4: This area is limited to landscaping plantines and maintenance; and
E. Area 5: Tltis area reflects the boundaries of a potTion of the footprint of the existing residence.
A new residence may be constructed in Area > provided the footprint of the new construction is
identical ro the footprint of the residence as it currently exists.
2. Prior to issuance of TDR Certificates, the Applicant shall be required to submit the following
documents for approval by the County Attorney and Community Development:
A. The Development Agreement memorializing the 2~ year vested right for the Activity Envelope, and
B. A Conservation Easement encumbering the entire property, including the Activity Envelope.
The Conservation Easement shall prohibit further development of the property with the Iollowing
exceptions:
I) One single family residence of up to 5,750 square feet of floor area. Garage and basement
space and accessory structures shall count towards the allowable floor area. The square
footage of the barn shall not be included within the calculation of the residence's allowable
floor area.
?) One deed-restricted caretaker dwelling unit of up ro I,000 net livable square feet.
3) Agricultural huildings that accommodate on-site agricultural operations, subject to recordation
of a decd restriction pursuant to Sec. G-30-140.c of the Code. Agricultural buildings shall not
he included in the floor area lirnitalion.
<i) lmprovements, such as fencing, roads, driveways, parking pods, landscape, access roads,
septic systems, gas, electric, telephone, cable, drainage, water and sewer facilities utilities
and infrastructure associated with the pennitled residential use.
5) Burial sites and grave stones for family members.
6) A replacement well outside of the Activity lnvelope, if the well cannot be accommodated
within the Activity Envelope.
7) Road maintenance and improvement within the easement or right-ot=way granted to the Counq~
for Bast Sopris Creek Road.
8) Activities and improvements related to operating, maintaining, repairing and replacing the land,
infrastructure anti improvements, including but not limited to, pond dredging diversion
su'uc[ures, spillways, grading, mitigation of environmental hazards, road and driveway
maintenance, vegetation removal, plantings (excluding fruit bearing trees and shrubs within the
lteso6rtinn ,No.C 4% -2007
PuXe 3
activity area), sediment control, land clearing, grubbing, fence maintenance, maintenance of the
existing ponds and wildfire protection roads as reflected on the map filed with the Basalt Pire
Protection depamnent and attached as Exhibit C, stocking fish, water control devices, sediment
control, weed control and erosion control, subject to any and all required Cowtry, State and/or
Federal permits.
9) Non-commercial outdoor recreational uses and activities.
3. Concurrent with issuance of the TDRs, [he Applicant shall:
A. Record the Conservation Easement and [he Development Agreement; and
~ B. Dedicate a 60' easement or grant a 60' right-of-wa}• to the County for the portion of East Sopris
Creek Road through the property where aright-of--way was not previously granted to the County for
the limited purpose of constructing and maintaining East Sopris Creek Road to Class 4 rural access
standards as set forth in the Pitkin County Asset Management Plan (2006), a copy of which is
attached as Exhibit B; and
C. Submit for approval by the County Attorney and Community Development the Activity Envelope
Plan in accordance with Land Use Code Section 2-30 ?O.g.3 and Application 1\4anual Section
2.1.1. The above referenced approvals shall be a condition precedent to finalization and
recordation. The Activity Envelope Plan shall be amended as follows:
I) Expand Area 4 to include the entire area below the driveway, where only planting tray occur.
2) Expand Area 3 to the southeast, while maintaining a 100' setback From East Sopris Creek.
3) Include in the notes that the existing residence may be replaced within Area 5, but all
disturbance associated with the replacement must occur within the footprint of the existing
residence, and the portion of the replacement structure +vithitt Area 5 shall not increase in
area or bulk from what exists.
4) Include in the notes that a replacement residence may not be constructed within Area 1.
4. Prior to submission of any future building permit applications, the Applicant shall submit an
application(s) to dte Community Development Department (or Site Plan Review, if required, for an
addition to the existing residence, the caretaker dwelling unit or for redevelopment. At Site Plan
Review for the addition, the Applicant shall demonstrate that impacts to water quality, riparian habitat
andlor wetland areas will not occur as a result of the addition.
5. Neither growth management allotments nor growth management exemptions, including "IT)Rs, maybe
used on-site to increase floor area or to create a new development right(s).
6. The Applicant ur future owner of the property shall not be eligible to apply for additional special review
USCS.
7. Prior to issuance of building permit applications to expand the residence or to construct the cmctaker
dwelling unit, the Applicant shall:
A. Obtain a permit [o expand the ISDS or construct a new ISDS from Environmental HealthMaurral
Resources.
B. Subrnil a drainage and erosion control plan for review and approval by the Planning F.ngincer.
Stormwater best management practices shall be used to control erosion in addition to the use of silt
fencing or similar erosion control methyds to control sediment transport.
C. Submit a cunstruction management plan for review and appruval by the Planning Engineer
showing the locations of staging, material storage and crnployce and construction traffic parking.
Xesohdion .4'u.l!'si -ZD07
Page 4 --
D. Pay [he applicable road and employee housing impact fees.
L. Complete afireplace/woodstove registration form with the Commwtiry Development
Department, if necessary.
8. Prior to issuance of a Certificate of Occupancy for an addition to the residence, a caretaker dwelling
mtit or a replacement residence, the Applicant shall bring the property into compliance with the
following wildfire mitigation standards as required for development in severe wildfire hazard areas:
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows (note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions). Alternatively, the .Applicant shall comply with a site specific
defensible space mitigation plan prepared by a County certified wildfire expert.
I) Brush, debris and non-ornamental vegetation shall be removed within a rninimurn ten-foot
(10') perimeter around all structures.
2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a
minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater
slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For 12ural Homeowners,
which provides general guidelines that may he modified by a wildfire expert acceptable to
the County).
3) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be
a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be
equal to the height of the fuel All measurements shall be from the edges of the crowns of the
fuel.
4) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a
height of ten (10) feet above the ground with removal of ladder fuels from around trees and
brush.
5) Trec crown separation within the Chirty (30) fool perimeters shall have a minimum of ten
(10) feet behveen the edges of the crowns, except for mature stands of aspen trees where
ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down
and dead materials shall be removed.
6) All branches that extend over the roof caves shall be [rimmed and all branches within fifteen
(I>) feet of chimneys shall be rcmovcd.
7) The density of fuels up to a one hundred t 100) foot perimeter of the structures shall be
reduced where natural reduction has not already occurred.
8) All deadfall up to a one hundred (100) foot perimeter shall be rcmovcd.
9) No new conifer trees shall be planted within ten (10) feet of a residence.
10) No flammable mulches shall he placed within two (2) feet of a residence.
1 I) The property owner shall be responsible for the continued maintenattcc of the defensible
space vegetation requirements.
B. Water Supply for Pire Safely
I) 'I he Applicant shall maintain access to the pond for the Uasalt and Rural Fire Protection
District Access.
2) In-house sprinkler systems shall be installed in all new structures.
Kesohnron No. f•'i- -200'
Put;r 5
C Roofing: Class A covering or Class A Assembly as defined h}' the currently adopted Building
Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not perntitted unless
they comply with the following:
1) All roof coverings shall be constructed ofnon-combustible materials and installed on a Class
A roof assembly.
2) All roof coverings shall have a surface [hat shall facilitate the natural process of clearing roof
debris.
3) Protrusions above the tooling, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of I :48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshall prior to submittal of a building permit application.
D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other:
I) One (1) hour rated material or any material underlain by 5; 8" Tgpe X g}'pboard or equal, or
2) "Type IV"' Heavy Timber materials, per the currently adopted building code.
E. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
1) Construction with noncombustible or one (I) hour rated material, or material with flame
spread <25 (tested to ASTM E84 and listed for exterior use), or
2) Conventionally framed deck with waterproof surface and underside protected ~i ith 5!8" q)'pe
X gypboard or equal (decking as "a" above), or
3) "Type [V" Heaw Timber materials: joist and beams minimum 6°x10", columns minimum
8"s8". decking minimum 4" in depth, or decking as "a" above; or equivalent log
construction, or
4) Enclose projection vertically to ground with one hour fire resistive materials. Decking as "a"
above.
Railings: Railings must be constructed of noncombustible or ""]'ype fV" I Ieavy Timber
materials.
G. Exterior ofthe Structure, Including All Walls
I) One (1) hour fire resistive rated materials, or
2) 5/8" gypboard underlying combustible materials, or
3) Cement stucco, minimum'/;'thickness.
4) All glazing to be tempered.glazing; and
5) Doors to be metal or wood I '/;'..thick minimum.
H. Foundations: Foundations, skirting, and crawl space openings shall he fully enclosed and
constructed with materials approved for one (I) hour fire-resistive construction on the exterior
side of the walls and shall extend From the top ol'grade w the underside of the floor decking or
walls.
I. Maintenance and Miscellaneous Requirements
I) Koofs and gutters shall he kept clear of debris.
Keroh~rion No.G>~ -?007
Puge h
2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/<)
inch maximum.
3) Any outbuilding shall adhere to the same wildfire requirements.
4) Yards shall be kept clear of all litter, slash and flammable debris.
5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (1>) feet
away from any structure.
6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six (6) inches.
7) Firewood/wood piles shall he stacked on a parallel contour a minimum of fifteen (1>) feet
away from the structure.
8) Swimming pools and ponds shall be accessible by the local fire district.
9) Fences shall be kept clear of brush and debris.
10) Wood fences shall not connect to other structures.
1 1) Fuel tanks shall be installed underground with an approved container.
12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and
on a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be constructed with
materials approved for hvo (2) hour fire-resistive construction on the exterior side of the
walls.
13) Each structure shall have a minimum of onz ten (I O} pound ABC fire extinguisher.
14) Addresses shall be clearly marked with two (Z) inch nun-combustible letters and shall be
visible at the primary point of access from the public or comrnon access road and installed on
anon-combustible post,
9. The Applicant shall comply with the following conditions regarding wildlife:
A. New fencing shall only be installed within the Activity Gnvclope.
1) Mcsh or woven wire fences are prohibited.
2) \Vood rail fencing shall employ three (3) ails or less, be the round or split rail type, shall not
exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width
(top view), and shall have at least eighteen (I 8) inches hchvecn the lower hvo {2) rails.
3) \4%i re fencing must be three (3) strands or less. l he top wire should be a hveh•c-point-five
(13.x) gauge heisted barbless type at a maximum height of forty-two (42) inches. 'fhe middle
strands (which may be barbed) should be located a minimum hvelvc (12) inches apart and
from the top wire preventing cntanglcmcnt when mule deerjump over. "fhe bottom strand
should be sixteen (16) inches from the ground.
B. Additional fruit bearing trees and shrubs shall be not be planted within the Activity Envelope.
C Access shall be provided [n the Colorado Division of Wildlife only with the prior consent of tltc
owner for trapping, tagging studying, or otherwise managing wildlife.
D. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
G Bird feeders, including hwnmingbird feeders, shall be hung away from any deck or window, and
be at least ten (10) feet from the ground suspended between hvo (2) frets ur posts. All seed
feeders shall include a seed catchment pan to catch discarded seed.
F. I lorse grains, pellets, and cookies shall be stored in bear resistant containers.
G. Pct food shall not be Icft outside.
SI. Construction workers shall not be permitted to bring dogs un the site.
1. If the ponds arc to be stocked with lisp, the Applicam shall obtain a private lakes license and a
fish stocking permit from the Division ul Wildlife.
Xesoh~lion h'o. ~` ~ =-'flll'
nubs 7
10. No development, including manipulation of vegetation, shall occur outside of the approved activity
envelope, with the exception of vegetation removal necessary to comply with the wildfire mitigation
measures described above and to drill a replacement well in a location approved by the
Environmental Ilealth/Na[ural Resources and Community Development Departments if the applicant
can demonstrate that the well cannot be replaced within the Activit}~ Envelope.
11. A ranch gate over the driveway shall be prohibited.
] 2. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activip~ envelope and instal] construction fencing around the construction site
within the perimeter of the em•elope. The fencing shall remain in place until issuance of a Certificate
of Occupancy.
13. The caretaker dwelling unit shall be limited to 1,000 net livable square feet. The kitchen shall contain a
minimum of a tw•o burner stave with at least a 5 cubic foot oven that can bake and broil, sink of at least
14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A
minimum of one off=street parking space shall be provided for the unit The Applicant shall provide one
off-street parking space for each bedroom in [he caretaker unit. The caretaker dwelling trait must have
separately accessible utilities. This does not preclude shared utilities.
13. Prior to issuance of the building permit for the caretaker dwelling unit, the Applicant shall obtain and
[he Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit
shall be submitted to the Housing Office with the deed restriction. The Housing Office may inspect the
unit.
I ~. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will 6e considered at the time of building pemtit. Any
structures represented in the application may not be permitted under building and zoning regulations.
16. Statutory vested rights for the approval contained herein arc granted pursuant to the Pitkin County
Land Use Code and Colorado S[aiutes, suhject to the exceptions set forth in Pitkin County Land Usc
Code, § 2-29-170 and CR.S., § 24-68-105. The statutory vcstcd rights granted herein shall expire un
May 9, 2032.
17. 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 properly, or vcstcd rights associated with this
property.
NOTICE OF PUBLiC HEARLNG PUBL[SHP;ll IN THE ASPEN TIMES WP:N:KLY on the
S°i day of April, 2007.
APPROVEll AND AUOP'1'F,ll on the 9'~' day of May, 2007.
PUBLISHED AF"TER ADOPTION FO L VESTED REA1, PROPER"1'Y 1LIGIITS in the
Asncn Times Weekly on the /y~`day of (, 2007
Re.~nlution No.~ ''-?007
Puge 8
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
,p i
.,/
By ~' / / JJ-1J%v~
Michael Ow ley, Chair ~6 0-67
Jones, Clerk to ~Se BOCC
AP~'ROVED AS TO CONTENT:
l..l~'V
Cindy Houben
Community Development Director
APPROVED AS TO FORM:
-~ ~
John Ely
C Attomcy
P024-07
PID ;.246730200004
IIIIIIII~Iu1IIIlIIIII~III~~IIIIIIIIIIf~l~llllllllllla ~ eaz o~ez:ta
EXI3IBIT A
LECAL DESCYiIPTIO*l
A parcel of land within Section 30, Township 8 South. Rmge 86 West of the Sizrh Prineipil
~taidiaq Pitldn Cauary, Colorado. more paztiwlarfy described as follows:
Begmniog at the Southwest Cotner of Ssdna 30, Township 8 South, Range H6 Wm ofihe Sizeh
Pnnapil Mesidiau, sodp[oceeding
_ thence along the West lineof said Sextim 30 North 00°02'22" East 2642.04 feu m the West !4
Coma of said Seetiem 30;
thence Nordt 00°00'42^ Wert 2632.66 feet to the Nonhwest Cortta of said Section 30;
thence Sotrtlt 89°66'48" Eatt 300137 fret to the Noth ti Coma of said Section 30;
thence zlortg the North line of the NE Y. of said Section 30 Somh 89°43.53" East 1300.5 i feu to
the Nottheaut Coma of the NW '/. NE ~ of said Seeaoa 30;
theta South 00°0638" West 2635.50 feet to the Cents Fort 1/16 Coma of said Section 30;
[henna South 69°4339^ East 710.51 feu;
theraz South 00°08'2]"West 1399.77 frn m the Northaiy Right of Way ofEast Sopris Creek
~~;
these atoag said Rigit! of Way the following rain" oomsa:
iloag the as ofa 473.27 foot radios nave to the left 7 7]21 feet (said carve {raving a chord
which beats North 66°20' 76^ West [7D2.8 feet);
thence North 76°42'12" West 15854 fees:
thence along the ast: of a 128.64 ftxttadim crave m tlrcright 86.44 feet (said save having a
clmd which hems Noah 57°Z7'1P Wes[64.82 @st);
tlttace along the azc of a 561.89 feerttidim ro the left 189.60 feet (mod wcva having a chord
wltich beam Natth 47°52'12" West 188.70-fro};
tlteaa North 57°32'12" West ] 79.G6 ~
theca ilotrg the acs of a 203.42 fecttadim crave to the left 134.96 feet (said ctttve having a
tdtotd whichbeeaNorth 76°32'36^ Wes[ 13250 fatty;
theaoe Sotrth 64.27'00' bleat 186.79 fio*
thence along the are o£a 2[1241 feetradvu cave to the sight 96.17 feet (said wave having a
clwtd whiedt bears North: 81 °39' 19" West 9731 fact);
thews North 67°4539" West 80.86 feet;
thence leaving the Northerly Rigltt of Way ofEast Sopiis Crtxk Road and pmceediag
theca South 22°14'21^ West 60.00 feet to the Sdutheriy Right of Way of Fsst Serpris C4txk
Roil:
thace along the Southetiy Right of Way of Fast Sopris C7eek Road tho following eight oonrses:
Sooth ST45'39"East 80.86 fat;
thenrx along the are ofa 262.41 feet radim wive to the Jeft ] 27.27 fat (said carve having a
chord which 6aan Soth 81 °39' 19" East 12G:03 fxt~
thence North 84°2T00^ Fact 186.79 Ceet;
thence aioag the eta of a 143.42 feat tatlim soave to the tight 95.15 feu (said csve having a
chord which beets South.7632'36" East 93.42 fxt);
theca South 57°32.72^ East 179'66 feu;
thence along the art: ofa 501.87 fat radim curve to the right 1 G935 fes4 (said curve having a
chord which brats.$outh 47°52'12"East 168.55 feet);
thrna along the arc ofa 188.64 fxt rndim nova b the leR 12G.76 feet (said navo having a
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° chord which Ixus Souih 57°27' 12" East 124.39 foet);
thence Sonth76°42'12" Fast t 37.50 foot;
thence leaving the Sotnhaly Ri f}ttaf Wey of Erst Saptis Rand ®d ptocecding
thrncc South 244.92 feaK
thence South 47°28'54^ Wcst 1483.18 feet t 1ha South line of tSo SE '/. of said Section 30;
thence along said line Noah 89°56`02" W cs 329.79 fcei t the South'/. Conic of said Salon
30;
thence North 89°53'44" WcsY 297284 fcct to the Southwest Como of said Sectitm 30, the Point
of Beginning.
County of Piddn, State of Co]orado
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SEC. 30, T.BS., R.864/. ^ '~°°'•~~
~~ APPROX. SUCC: 1..." ~ 250,... .. ...- ln•,i ;°Pftl~ <utfr.
PITKIN COUNTY. COLORADO _ _. f„y"x,11°~~ na,~
,~n^,~,-,e,.aln"„~ 3687 ~ 3691 E.SOPR16 CREEK ROAD - w=-"~"^~~Y",.~w~~>~a
n , ~-.f r,.n ncn:
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO GRANTING SPECIAL REVIEW APPROVAL TO EAST SOPRIS LLC FOR A
LIMTTED DEVELOPMENT CONSERVATION PARCEL, AND APPROVING AN ACTIVITY
ENVELOPE AND A CARETAKER DWELLING UNIT
Resolution No.~~1^2007
RECITALS
1. East Sopris LLC, hereafter "Applicant", has applied to the Board of County Commissioners of Pitkin
County, Colorado, hereafter "BOCC", to sever TDRs from a "Limited Development Conservation
Parcel" on which no further development is proposed, except as permitted pursuant to Sec. 6-70-40.a.9
ofthe Land Use Code ("Code"). The following approvals are requested:
A. Activity Gnvelope
B. Special Review for Severance of TDRs from a Limited Development Conservation Parcel and a
Caretaker Dwelling Unit
C. Growth Management Quota System ("GMQS") Exemption for a Caretaker Dwelling Unit
2. The property is located on East Sopris Creek Road and is more specifically described in Exhibit A.
3. The property is zoned RS-30 and contains approximately Sl8 acres.
4. 1'he Applicant submitted a complete application subsequent to July 6, ?006, therefore, the application
is being considered pursuant to the ?006 Land Use Code, as amended.
5. The BOCC considered the application at a duly noticed public hearing on May 9, ?007, at which time
evidence and testimony were presented with respect to the application.
6. The BOCC finds that the property complies with the criteria for Limited Development Conservation
Parcels in Sec. tr70-40.a.9 of the Code, and, therefore, is eligible for severance of 24 Transferable
Development Rights (TDR) Certificates.
7. The BOCC further finds that the Activity Envelope and Caretaker Dwelling Unit are consistent with the
applicable provisions of the Pitkin County Land Use Code.
8. The properly is traversed by East Sopris Creek. The applicant has legally altered East Sopris Creek
to create man-made ponds on the property which are proximate to the existing residence. The
alterations to the Creek and ponds have been considered in this application.
9. The BOCC finds that the setbacks established in Section 7-20-80 of the Code will be measured from
the approximate location of East Sopris Creek as it existed prior to making alterations to create the
ponds. The setbacks will not be measured from the man-made ponds.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it grants approval to the East
Sopris LLC Special Review for Severance of TDRs from a Limited Development Conservation Parcel and a
Caretaker Dwelling Unit, Activity Envelope, and GMQS Exemption for a Caretaker Dwelling Unit, subject
to the following conditions, which shall run with the land and be binding on all successors in interest:
RECEPTION#: 543195, tON7/2007 at
11:21:15 AM,
t OF 13, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
ResofalionNo.(j~?DO?
Page 2
l . The Applicant 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. To the extent any inconsistency exists between prior representations or
applications and this Resolution, this Resolution shall prevail.
2. The Activity Envelope is divided into five (5) Areas as noted on the Site Plan and below:
A. Arca l: This area is reserved for the benefit of the current owners and their heirs for the limited
purpose of expanding the residence located in Area 5;
B. Area 2: This area is for pond and stream diversion improvements and maintenance activities
only.
C. Area 3: This area is for all future development consistent with the RS-30 zone district; and
D. Arca Q: This area is limited to landscaping plantings and maintenance; and
E. Area 5: This area reflects the boundaries of a portion of the footprint of the existing residence.
A new residence may be constructed in Area 5 provided the footprint of the new construction is
identical to the footprint of the residence as it currently exists.
2. Prior to issuance of TDR Certificates, the Applicant shall be required to submit the following
documents for approval by the County Attorney and Community Development:
A. The Development Agreement memorializing the 25 year vested right for the Activity Envelope; and
B. A Conservation Easement encumbering the entire property, including the Activity Envelope.
The Conservation Easement shall prohibit further development of the property with the following
exceptions:
I) One single family residence of up to 5,750 square feet of Floor area. Garage and basement
space and accessory structures shall count towards the allowable floor area. The square
footage of the barn shall not be included within [he calculation of the residence's allowable
floor area.
2) One deed-restricted caretaker dwelling unit of up to 1,000 net livable square feet.
3) Agricultural buildings that accommodate on-site agricultural operations, subject to recordation
of a deed restriction pursuant to Sec. 6-30-140.e of the Code. Agricultural buildings shall not
be included in the floor area limitation.
4) Improvements, such as fencing, roads, driveways, parking pads, landscape, access roads,
septic systems, gas, electric, telephone, cable, drainage, water and sewer facilities utilities
and infrastructure associated with the permitted residential use.
5) Burial sites and grave stones for family members.
6) A replacement well outside of the Activity Envelope, if the well cannot be accommodated
within the Activity Envelope.
7) Road maintenance and improvement within the easement or rightof--way granted to the County
for East Sopris Creek Rnad.
8) Activities and improvements related to operating, maintaining, repairing and replacing the land,
infrastructure and improvements, including but not limited to, pond dredging, diversion
structures, spillways, grading, mitigation of environmental hazards, road and driveway
maintenance, vegetation removal, plantings (excluding fruit beating trees and shrubs within the
Resolution No. L' 3'L-1007
Page 3
activity area), sediment control, land clearing, grubbing, fence maintenance, maintenance of the
existing ponds and wildfire protection roads as reflected on the map filed with the Basalt Fire
Protection department and attached as Exhibit C, stocking fish, water control devices, sediment
control, weed control and erosion control, subject to any and all required County, State and/or
Federal permits.
9) Noncommercial outdoor recreational uses and activities.
3. Concurrent with issuance of the TDRs, the Applicant shall:
A. Record the Conservation Easement and the Development Agreement; and
B. Dedicate a 60' easement or grant a 60' right-of--way to the County for the portion of Fast Sopris
Creek Road through the propeAy where aright-of--way was not previously granted to the County for
the limited purpose of constructing and maintaining East Sopris Creek Road to Class 4 rural access
standards as set forth in the Pitkin County Asset Management Plan (2006), a copy of which is
attached as Exhibit B; and
C. Submit for approval by the County Attorney and Community Development the Activity Envelope
Plan in accordance with Land Use Code Section 2-30-20.g.3 and Application Manual Section
2.1.1. The above referenced approvals shall be a condition precedent to finalisation and
recordation. The Activity Envelope Plan shall be amended as follows:
1) Expand Area 4 to include the entire area below the driveway, where only planting may occur.
2) Expand Area 3 to the southeast, while maintaining a 100' setback from East Sopris Creek.
3) Include in the notes that the existing residence may be replaced within Area 5, but all
disturbance associated with the replacement must occur within the footprint of the existing
residence, and the portion of the replacement structure within Area 5 shall not increase in
area or bulk from what exists.
4) Include in the notes that a replacement residence may not be constructed within Area l .
4. Prior to submission of any future building permit applications, the Applicant shall submit an
application(s) to the Community Development Department for Site Plan Review, if required, for an
addition to the existing residence, the caretaker dwelling unit or for redevelopment. At Site Plan
Review for the addition, the Applicant shall demonstrate that impacts to water quality, riparian habitat
and/or wetland areas will not occur as a result of the addition.
5. Neither growth management allotments nor gmw[h management exemptions, including TDRs, may be
used on-site to increase floor area or to create a new development right(s).
6. The Applicant or future owner of the property shall not be eligible to apply for additional special review
uses.
7. Prior to issuance of building permit applications [o expand the residence or to construct the caretaker
dwelling unit, the Applicant shall:
A. Obtain a permit to expand the ISDS or construct a new ISDS from Environmental Health/Natural
Resources.
B. Submit a drainage and erosion control plan for review and approval by the Planning Engineer.
Stormwater best management practices shall be used to control erosion in addition to the use of silt
fencing or similar erosion control methods to control sediment transport.
C. Submit a construction management plan for review and approval by the Planning Engineer
showing the locations of staging, material storage and employee and construction traffic parking.
Resolution Na.t'ii- -?007
Page 4
D. Pay the applicable road and employee housing impact fees.
E. Complete afireplace/woodstove registration form with the Community Development
Department, if necessary.
8. Prior to issuance of a Certificate of Occupancy for an addition to the residence, a caretaker dwelling
unit or a replacement residence, the Applicant shall bring the property into compliance with the
following wildfire mitigation standards as required for development in severe wildfire hazard areas:
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows (note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions). Alternatively, the Applicant shall comply with a site specific
defensible space mitigation plan prepared by a County certified wildfire expert.
1) Brush, debris and non-ornamental vegetation shall be removed within a minimum ten-foot
(10') perimeter around all structures.
2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a
minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater
slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners,
which provides general guidelines that may be modified by a wildfire expert acceptable to
the County).
3) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be
a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be
equal to the height of the fuel. All measurements shall be from the edges of the crowns of the
fuel.
4) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a
height of ten (10) feet above the ground with removal of ladder fuels from around frets and
brush.
5) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten
(10) feet between the edges of the crowns, except for mature stands of aspen trees where
ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down
and dead materials shall be removed.
6) All branches that extend over the roof eaves shall be [rimmed and all branches within fiReen
(15) feet of chimneys shall be removed.
7) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be
reduced where natural reduction has not already occurced.
8) All deadfall up to a one hundred (100) foot perimeter shall be removed.
9) No new conifer trees shall be planted within ten (10) feet of a residence.
10) No Flammable mulches shall be placed within two (2) feet of a residence.
1 I) The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Water Supply for Fire Safety
1) The Applicant shall maintain access to the pond for the Basalt and Rural Fire Protection
District Access.
2) In-house sprinkler systems shall be installed in all new structures.
Resolution No. f3z -200,'
Page 5
C. Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building
Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not permitted unless
they comply with the following:
1) All roof coverings shall be constructed ofnon-combustible materials and installed on a Class
A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
3) Protrusions above the rooline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of I :48.
S) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshall prior to submittal of a building permit application.
D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other:
1) One (1) hour rated material or any material underlain by S!8" Type X gypboard or equal, or
2) "Type IV" Heavy Timber materials, per the currently adopted building code.
E. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
1) Construction with noncombustible or one (I) hour rated material, or material with flame
spread QS (tested to ASTM E84 and listed for exterior use), or
2) Conventionally framed deck with waterproof surface and underside protected with S/8" Type
X gypboard or equal (decking as "a" above), or
3) "Type lV" Heavy Timber materials: joist and beams minimum 6"x10", columns minimum
8"x8", decking minimum 4" in depth, or decking as "a" above; or equivalent log
construction, or
4) Enclose projection vertically to ground with one hour fire resistive materials. Decking as "a"
above.
F. Railings: Railings must be constructed of noncombustible or "Type [V" Heavy Timber
materials.
G. Exterior of the Structure, Including All Walls
I) One (I) hour fire resistive rated materials, or
2) 5/8" gypboard underlying combustible materials, or
3) Cement stucco, minimum'/," thickness.
4) All glazing to be tempered glazing; and
S) Doors to be metal or wood 1 '/," thick minimum.
H. Foundations: Foundations, skirting, and crawl space openings shall be fully enclosed and
constructed with materials approved for one (1) hour fire-resistive construction on the exterior
side of the walls and shall extend from the top of grade to the underside of the floor decking or
wal Is.
I. Maintenance and Miscellaneous Requirements
I) Roofs and gutters shall be kept clear of debris.
Resohrtion No.G>~ -1007
Page 6
2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/.)
inch maximum.
3) Any outbuilding shall adhere to the same wildfire requirements.
4) Yards shall be kept clear of all litter, slash and flammable debris.
5) All Flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet
away from any structure.
6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six (ti) inches.
7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet
away from the structure.
8) Swimming pools and ponds shall be accessible by the local fire district.
9) Fences shall be kept clear of brush and debris.
10) Wood fences shall not connect to other structures.
11) Fuel tanks shall be installed underground with an approved container.
12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and
on a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be constructed with
materials approved for two (2) hour fire-resistive construction on the exterior side of the
walls.
l3) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
14) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be
visible at the primary point of access from the public or common access road and installed on
anon-combustible post.
9. The Applicant shall comply with the following conditions regarding wildlife:
A. New fencing shall only be installed within the Activity Envelope.
1) Mcsh or woven wire Fences are prohibited.
2) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not
exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width
(top view}, and shall have at least eighteen (18) inches between the lower two (2) rails.
3) Wire fencing must be three (3) strands or less. The top wire should be atwelve-point-five
(12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. 'fhe middle
strands (which may be barbed) should be located a minimum twelve (12) inches apart and
from the top wire preventing entanglement when mule deer jump over. The bottom strand
should be sixteen (16) inches from the ground.
B. Additional fruit bearing trees and shntbs shall be not be planted within the Activity Envelope.
C. Access shall be provided to the Colorado Division of Wildlife only with the prior consent of The
owner for trapping, tagging, studying, or otherwise managing wildlife.
D. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
E. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and
be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed
feeders shall include a seed catchment pan to catch discarded seed.
F. Horse grains, pellets, and cookies shall be stored in bear resistant containers.
G. Pet food shall riot be left outside.
H. Construction workers shall not be permitted to bring dogs on the site.
I. if the ponds are to be stocked with fish, the Applicant shall obtain a private lakes license and a
fish stocking permit from the Division of Wildlife.
Reso(ulion No.~~12_200'
Page 7
10. No development, including manipuiation of vegetation, shall occur outside of the approved activity
envelope, with the exception of vegetation removal necessary to comply with the wildfire mitigation
measures described above and to drill a replacement well in a location approved by the
Environmental Ilealth/Natural Resources and Community Development Departments if the applicant
can demonstrate that the well cannot be replaced within the Activity Envelope.
11. A ranch gate over the driveway shall be prohibited.
12. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the envelope. The fencing shall remain in place until issuance of a Certificate
of Occupancy.
13. The caretaker dwelling unit shall be limited to 1,000 net livable square feet. The kitchen shall contain a
minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least
14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A
minimum of one off-street parking space shall be provided for the unit. The Applicant shall provide one
off-street parking space for each bedroom in the caretaker unit. The caretaker dwelling unit must have
separately accessible utilities. This does not preclude shared utilities.
14. Prior to issuance of the building permit for the caretaker dwelling unit, the Applicant shall obtain and
the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit
shall be submitted to the Housing Office with the deed restriction. The Housing Office may inspect the
unit.
15. 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. Any
structures represented in the application may not be permitted under building and zoning regulations.
16. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
May 9, 2032.
17. pailure 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.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
8'h day of April, 2007.
APPROVED AND ADOPTED on the 9th day of May, 2007.
PUBLISHED AFTER ADOP~ON FO VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the /r day of , 2007
ResolulionNo.~ '=2007
Poge 8
BOARD OF COUNTY COMMJSS[ONERS,
PITKIN COUNTY, COLORADO
By ,~ . ( J
Michael Ow ley, Chair ~6 O'67
Jones, Clerk to f~Je BOCC
AJ~ROVED AS TO CONTENT:
~~
Cindy Houben
Community Development Director
APPROVED AS TO FORM:
_~ ~
John Ely
Cea Altomcy
P024-07
PID #246730200004
`._. ~ ~
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JlW1aE K V'Da ta11AILL PITKIN tXIIHITY {:0 R 18.[10 0 e.aB
E7IHIBIIT A
LEGAL DESCRIPTION
A pmcd of lend within Section 30, Totvathip 8 South, Rangy 86 West of tha S6tth Principal
Metidim, Pitldn Comry,Colorado. tans pattiLVlerly desm"bed as falloms:
Begimriog rt the Swthwat Comae of Section 30, Tovseship 8 South, Raoge 86 Wert ofthe Sixth
PrintapalMeti~an, end~ptooeeding
theoee akmg the Wert lioaofaid Section 30 Nottb 00°02.22" Fist 2642.04 fact m tlro Wct X
Cower of said Section 30;
thence NoM 00'00.42" West 2632.68 feet ro the Nonhwtxt Coma of said Satiop 30;
thence South 89°46'48" Eart300137 fat m the Notdt 3b Carver of said Section 30;
thence slengthe NaW line ofthe NE % of said Sado¢ 30 Swap 89°43'53" Enat 1300.51 feet ro
the No:thast Camaof Oro NW 74 NE X ofamd Sation 30;
thence South 00°06'38" West 263530 feet m the Carc Plat 1/16 l:otaer of said Section 30;
rheas Soo14 89°43'39x' Fast 310.5 L fat; '
" thatNx+ Soak 00°08'21"West 1399.77fem m the Nasthaly Right of Way of Fart Sapt'v Cretk
~~
[beaus along asid Right of Waythe following~oe wwses:
along the ate of a 473.17 fttwttlias slave m the left ] 7I21 fat (said carve haviog a chord
• which bats Nash 66°20•l8' Wert T7028 fat); '
m®u Nortlt 76°42'12" West 158.54 fat;
[brace altaq the meof a 126.64 feetadim curve ro ~eright 86.44 fed (said crave hsviag a
ahead whiehbems Naads57'27'Ir wear 84.82 fertr
thettoe aloogdte ate of a 561.89 feetrtidioa m t~ ldt 189.60 fen (said emus having a ahwd
whleL Gems NesAt 47.52'12" West 18E.70'fea);
theooeNortfi 57°32']r wear 179.66 feet;
thtttx abog ffie tat: aka 203.42 tedtadim nave m the left 134.96 fed {said curve having a
etamd whiehbaas~Nath 76°92'38' Wert 13230faetx
mecca soadr 84°27'00!• war 186.79 >~
[home along Qte am ofa202.41 fed~ndtas curve ro the tight 98.17 fat (sdd cwve having e
chord which bean North 81°39'I9" Ktert 9721 fort);
[beans Nom 67°455'39" War 80.86 feet;
Oteooe kaving the Nosthmly R,ighrof Wryof.Eart Svyria t3edc Roed atd ptnaad'wg
thence Soeth 22'14'21" West 60.OD ~teit to the Soethedy Iriglrt a£ Way of Pew Sepria Glaek
rheas along the Southerly Right of WayofEsst Soptis Cteat Roed the following dgM atria:
Sotah87°45.39"FaaK80.86Pxt;
thence along the are oPa 26241 feetradiffi corn m the ]eft 127.27 fat (said curve having a
chad which bcara South 81°39' 19" East 126.D3 fray:
theca North E42TOOx' Fiat 186.79 freS
theoss ahrag the and of a 143.42 fleet radim curve m the right 95.15 CeaC(said caw having a
rhotd whirh bems'Soeth76'32'36" East 93.42 fatl;
thetNx Sadh 57.32'72" East 179.66 ~
[betty atoagthe att:ofa~ 501.87 feat radius solve m.tLa right 16935 frd (said curve having a
cbwdwlochbats~$pa4t4T52'IrFmtI68355aetk
[lance along.the en oPa 188.64 fatratlius txme.m the left 126.76 fact (said LVNQ having a
_. ~_~
IIUAIs1~~91E'~IiIN16~~~~II~i181_®a s9 6~0ei'oz:ia
.1aN1
` chord avhieh bees Sott& 57'27' 12° Fact 124.39 foet);
thmee South76°42'12" Fist 11150 feet;
duce leavioa rho Sotahaiy Ri86tof Wry of Hest Soptis Road and ptoeeediag
theaee So~th1R4.92 teaK
theca 9oath 47'28.54" Weat 1483.18 feet t tha Sowh lice of the SE ;G of said Seetioa 30;
theca doag said HxNotth 89°56'02." West 329.79 6eett the Sash ~/. Caaa~of said Seedoa
30;
thence North 89°5]'44^ West 2972.84 fat m the Sottlhwest Coma of said Seetiom 30, du Poitn
of Hegimio`g.
Cotmty of Piddn. Star ofCO]omdo
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ITKI.N COUNTY
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AGEMENT ~
ASSET MAN
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Co~~ Roa~{S, Trails, &
2006
Class III: Local Access
Unign Gpairy: 71ri tUW V.Y.U.
Supgeual Speed: 33 m.p.h.
Class IV: Run! Access
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/e'we
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Unugn CaP+n1Y: '~'e~73tIVP.D.
1~Iggesled 3poad: ]3 m.p.h.
Class V.A: Country Access
J'n.e
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lkwign G+pnn7: is ;Wn Qp.D.
Segpened Speed: ~ m.p.h.
Class V-B: Primitive
11 If
Onlpn Caryn[y~ lsse Ilan 3 V.P.U.
Supgesu:d Speed: IS m.0.h.
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4 FIRE ACCESS MAP ~ E,.a^=«ss ,WplEEP OR ATk Ta'
~,y, SEC. 30, '[BS., R.86W. ^ Roust
"T APPROX. SUIE: 1 wn - 2 50 acct .- ~--- ER iT SOPRIS caEEK
~T PITKIN COUNTY. COLORADO Ea,nveHOa opaW
oM..w ll-... ^lanaclM 36fl7 ! 3691 E. SOPRIS CREEK ROAD ~->~-ECavaT~o~cowTOPa
wwl rt'V~ +-i.w • Slt •aop n^R wEai