SKYBEAM RANCH SUBDIVISION (501 West Buttermilk Road)
AN APPLICATION FOR: DETAILED SUBMISSION & FINAL PLAT
SUBMITTED BY:
HAAS LAND PLANNING, LLC 420 E. MAIN STREET, SUITE 220 ASPEN, COLORADO 81611 (970) 925-7819 [email protected]
March 7, 2018
PIO No. 2735-031-00-001 AN APPLICATION FOR DETAILED SUBMISSION & FINAL PLAT FOR THE SKYBEAM RANCH SUBDIVISION
Submitted by:
The Bryan and Emily Kelln Family Trust 501 West Buttermilk Road Aspen, CO 81611
Prepared by:
HAAS LAND PLANNING, LLC Planning Consultant 420 E. Main Street, Suite 220 Aspen, CO 81611 Phone: (970) 925-7819 Email: [email protected]
PIO# 2735-031-00-001 TABLE OF CONTENTS
PAGE I. INTRODUCTION...... 1 • Vicinity Map ...... 1
II. BACKGROUND ...... 2
III. PROPOSAL SUMMARY ...... 4
IV. REVIEW REQUIREMENTS ...... 8 • Improvements Agreements ...... 8 • Subdivision and PUD Review Procedures ...... I 0 • Roads, Driveways and Parking...... 15 • Public Services and Utilities ...... 15 • Water Supply and Distribution Systems ...... 15 • Consistency with Conceptual Submission Approval...... 16 • Standards for a Longer Term of Vested Rights ...... 21
EXHIBITS • Exhibit I : The Pre-Application Conference Summary • Exhibit 2: Proof of the applicant's ownership of the property • Exhibit 3: Authorization for Haas Land Planning, LLC to represent the applicant • Exhibit 4: Copies of applicable prior approval documents, including P&Z Resolution No. 8-2017, BOCC Resolution No. 050-2017, BOCC Resolution No. 067-2017, and BOCC Ordinance Number 030-2017 • Exhibit 5: Proposed Draft PUD Guide and Vested Property Rights Agreement • Exhibit 6: Proposed Draft GMQS Covenant • Exhibit 7: Proposed Draft Deed of Conservation Easement • Exhibit 8: Proposed Draft Trail Easement Agreement • Exhibit 9: Civil Engineering Report from Sopris Engineering • Exhibit 10: An executed application fee agreement • Exhibit 11: A list of property owners of record within a three-hundred foot radius (and their mailing addresses of record)
PIO# 2735-031-00-001 I. INTRODUCTION
This application requests Detailed Subdivision and Final Plat approval for the Skybeam Ranch Subdivision, along with six years of vested property rights. The property located at 501 West Buttermilk Road, and it is to be subdivided into two parcels, thus creating one additional lot for single-family residential development. See map, below.
In 2016, the applicant submitted an application requesting growth management rights and conceptual approval to subdivide the 37-acre metes and bounds parcel into two (2) lots. Lot 1 contains an existing single-family residence and customary accessory uses. Lot 2 did not conform to the minimum lot size in the AR-10 Zone District; therefore, the Applicant requested a rezoning to include a Planned Unit Development (PUD) overlay to vary the minimum lot size. No other PUD variations were requested or approved. The property has been rezoned with a Planned Unit Development (PUD) overlay pursuant to BOCC Ordinance No. 30-2017.
The BOCC granted a Growth Management allotment of 10,750 square feet of gross floor area for a single-family residence on the newly subdivided lot (Lot 2), pursuant to Resolution No. 050-2017. However, subsequent to the granting of this allocation, the Applicant voluntarily reduced the allowable floor area on Lot 2 to a maximum of 7,750 square feet of gross floor area (a maximum of 5,750 square feet above grade and up to 2,000 square feet subgrade). This application is submitted by the Bryan and Emily Kelln Family Trust, owner of the subject property, and the application is organized into four sections. This Section is a brief introduction while Section II furnishes an overview of the subject property (existing conditions). The proposed development is detailed in Section III, while Section IV identifies the relevant review criteria of the Code and provides responses demonstrating compliance and/ or consistency with each standard, as applicable. For the reviewer's convenience, all pertinent supporting documents are provided in the various exhibits to the application, including the following: • Exhibit 1: The Pre-Application Conference Summary; • Exhibit 2: Proof of the applicant's ownership of the property; • Exhibit 3: Authorization for Haas Land Planning, LLC to represent the applicant; • Exhibit 4: Copies of applicable prior approval documents, including P&Z Resolution No. 8-2017, BOCC Resolution No. 050-2017, BOCC Resolution No. 067-2017, and BOCC Ordinance Number 030-2017; • Exhibit 5: Proposed Draft PUD Guide and Vested Property Rights Agreement; • Exhibit 6: Proposed Draft GMQS Covenant; • Exhibit 7: Proposed Draft Deed of Conservation Easement; • Exhibit 8: Proposed Draft Trail Easement Agreement; • Exhibit 9: Civil Engineering Report from Sopris Engineering; • Exhibit 10: An executed application fee agreement; and • Exhibit 11: A list of property owners of record within a three-hundred foot radius (and their mailing addresses of record).
The application is submitted pursuant to the following Sections of the Pitkin County Land Use Code (the Code): §2-20-130, Improvement Agreements; §2-40-50, Subdivision and PUD Review Procedures; §7-30, Roads, Driveways, and Parking; §7-50, Public Services and Utilities; §7-70, Subdivisions; and §2-20-170(d), Extension or Reinstatement of Vested Property Rights for Site Specific Development Plans.
Whilf' thf' applicant has attemptf'd to addrf'ss all rf'lf'vant provisions of thf' C:odf' and provide sufficient information to enable a thorough evaluation, questions may arise which require further information and/ or clarification. Upon request, Haas Land Planning will provide such additional information as may be required in the course of the review.
Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 1 IMPROVEMENT & PARTIAL TOPOGRAPHIC SURVEY A PARCEL OF LAND SITUATED IN SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P ..M . COUNTY OF PITKIN, STATE OF COLORADO
PROPERTY DESCRIPTION
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UolCMINftU!fllftlr£lftllllMS1'.W,OICll[UJ,.all\ilCYl'll1 "'~IS~Oi"lll#Of 111(~,._,n,~~1 ... ~ ,,_ xn, MD~ fa.MD lill "IAl;I: AS - I. ===~=-=~z,a~~~~~MS-,,.~sa.a,c, Tu-as,n-~ix.i..llCffllCTIIRI,, IXJIOIMtsNO lloJ()l(Jl"5t:ll~Olllill""-"C(N0~11;)1111.1.,_Nll L ...... 1' -.0 ftJI( IIAlNI) JU DIC: ~ a.- UCI AS!Oa.llO ~I O,l1!JI lrl,G/U :,0, !ICtt. \ N00'26'4 7"E_/ \ \ \ 375,52' \ \ \ \ \ \ \ \/ ,..>;' I / \ \ \ ' ' \ ' \ ' \ I \ \ \ \ -JIR) \ \ \ HYDRANfj', \ \'' \ \ .._ saa·29'5rw \ '- 63,02' D SLOPES OF JS"-T03°"- SI..QPESOF3°"T045'(, Pf'0.11::CTNO GJPHIC SCALE D 2 161057 ~~-W-J, V ICINrTY MAP i i SL.OPE$ OF•~ AND ABOVE. SOU: I - Sob' -~ lt otnEr J ..... oO n. D L.U.P.2 II. BACKGROUND The parcel was created from the Burlingame Ranch in 1999 and sold by the City of Aspen on the free market to generate funds to offset the City's acquisition and development costs for the Burlingame affordable housing project. The property is accessed from West Buttermilk Road, approximately ½-mile from the Owl Creek Road intersection. The parcel is nearly three-quarters of a mile long, spanning West Buttermilk Road near its southern end and extending north-northwest alongside and adjoining the Burlingame West conservation easement to the east. Existing development on the property includes an approximately 7,700 square foot home at 501 West Buttermilk Road with an attached Caretaker Dwelling Unit. In 2015, the current applicant purchased the property in the state it exists today. The only known development constraints on the entire 37-acre parcel are steep slopes and wildfire danger. Some limited natural slopes in excess of 30 and 45 percent exist on the site, but they are not considered unstable and are outside of the approved activity envelopes. With regard to wildfire hazards, Eric Petterson of Olsson Associates visited the property on July 27, 2016 and provided a report that was attached to the Conceptual application. Mr. Petterson's expert opinion, based on site-specific review, held that the wildfire hazard in the area of proposed development on the newly created Lot 2 was "Moderate" due to only patchy shrub fuels and slopes averaging just 7 percent or so. No other environmental constraints are believed to affect or be affected by the proposed development of Lot 2. The findings and recommendations of Mr. Petterson were made part of the Conceptual approval in BOCC Resolution No. 0067-2017. The West Buttermilk Metropolitan District, who is in turn served through an agreement with the City of Aspen Water Department Water, supplies water service to the existing residence and will provide domestic water service for the new lot. The Aspen Fire Protection District provides fire protection and there are existing fire hydrants at the driveway entrance to the existing home site as well as along West Buttermilk Road above the new activity envelope on Lot 2. All homes in West Buttermilk, including the existing residence, have individual septic systems and this will be the case for any home to be developed on Lot 2 as well. Holy Cross Electric provides power; however, there is no current natural gas service to the property. Instead, a liquefied propane tank is buried on the property near the driveway. Phone and cable services are available through local providers. (See the Utilities, Drainage and Access Report from Sopris Engineering attached as Exhibit 9.) On September 1, 2016, an application was submitted to Pitkin County for a Growth Management Quota System (GMQS) allotment of 10,750 square feet of floor area for a single family residence and customary accessory structures on a newly created lot through the 2016 Urban Area Residential GMQS scoring and competition procedures for new lots and parcels. The Planning and Zoning Commission of Pitkin County ("the Commission") awarded a score of 14 points to the application, which exceeded the minimum threshold total score and the minimum threshold score for each scoring category. The Board of Skybeam Ranch Subdivision: Detailed/Final PID:2735•031 •00•001 Page 2 County Commissioners ("the BOCC") of Pitkin County then adopted Resolution No. 050- 2017, accepted the recommended scoring of the Commission and awarded an allotment of 10,750 square feet of floor area for the new lot (Lot 2). Subsequent to this allocation, the Applicant voluntarily reduced this amount to a maximum of 7,750 square feet of floor area, with above grade floor area limited to 5,750 square feet and 2,000 square feet available for subgrade/basement grade space. The property has been conceptually approved for subdivision into two lots. The larger of the two lots, Lot 1 (the "fathering parcel"), contains the existing residential development. This lot also contains the entirety of the conceptually approved conservation easement. Also as conceptually approved, Lot 2 is 5.3 acres (in the AR-10 zone district with its minimum lot area of 10 acres; this was the only PUD variation requested and approved), with an approved and defined 1.11-acre Activity Envelope. This activity envelope will accommodate all land disturbances associated with the new residential development, including the driveway and a new septic system. The Activity Envelope has been approved, including findings by the BOCC that it avoids environmental constraints, it is appropriately clustered with existing development on Lot 1, and it is compatible with neighborhood character and surrounding development patterns. Across both lots, the area of slopes in excess of 30 percent is less than one quarter of the total parcel size (less than 9 of the total 37 acres), as shown on the Slope Analysis maps provided with the since-approved Conceptual Submission, GMQS and Activity Envelope application. A substantial majority of these slopes are located along the eastern property line where the topography drops off towards Owl Creek Road and the Roaring Fork valley floor below. Natural slopes exceeding 30 percent occur above and to the west of the approved Activity Envelope on Lot 2. These slopes create a significant grade differential from the closest and arguably most affected neighbor. Because of this 40-foot elevation change and the zone district height limit, a home in the approved Activity Envelope will remain beneath views from the house above. The remainder of slopes in excess of 30 and 45 percent exist in the northern portion of the existing parcel (i.e., Lot 1), where the conservation easement is proposed. The property is located within the Highway 82 Scenic View Protection Areas. However, no portion of the existing residence (on proposed Lot 1) is visible from any location along Highway 82. While the new development site sits slightly higher than the existing residence, no portion of the proposed activity envelope is visible from Highway 82. It is believed that a structure of up to 28 feet in height from existing grade (the maximum allowable in the zone district) would not be visible either. A full scenic review, however, will be carried out at the time of Site Plan Review for development of proposed Lot 2. Due in large part to concerns with potential future scenic impacts, the applicant voluntarily limited the above-grade house size on Lot 2 to not more than 5,750 square feet despite having been granted a 10,750 square foot GMQS allocation. Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 3 The Activity Envelope was carefully drawn to minimize development impacts and meet land use code restrictions to the greatest extent possible. The Activity Envelope completely avoids steep and unstable slopes and no significant or unusual affects are proposed to the neighborhood or surrounding community. Instead, the new lot and activity envelope are consistent with neighborhood character. The conceptual approval for the subdivision now precludes future development of what could have otherwise been a potential third lot/home, and it also delivers community benefits in the form of, among other things, open space conservation and potential new trail connections. Ill. PROPOSAL SUMMARY This Land Use Application requests Detailed Subdivision and Final Plat approval for the Skybeam Ranch Subdivision property located at 501 West Buttermilk Road to be subdivided into two parcels, creating one new/ additional lot. The subject property is a 37-acre parcel with an existing single-family home and it resides in a zone district (AR-10) that has a minimum lot area of only 10-acres. In other words, the property has the potential of being subdivided into three (3) lots. Instead, the applicant decided upon applying for approvals to split the parcel into a total of two (2) lots as shown on the map below and such that: • Lot 1 (the "fathering parcel"), to contain the existing home and associated improvements, is 31.74 acres, of which 26.67 acres (72% of the total property) will be placed in a conservation easement covering all valued open space on the parcel and running to the joint benefit of Pitkin County Open Space and Trails and the City of Aspen; and • Lot 2 is a new, vacant lot with an area of 5.34 acres, of which 1.1 acres will serve as the Activity Envelope within which all development activity will be contained and confined and appropriately clustered adjacent to development on Lot 1. The Skybeam Ranch Subdivision/PUD maintains the use and dimensional limitations of the underlying AR-10 zone district with only one approved variation. The rezoning to add a Planned Unit Development (PUD) overlay was necessary only to allow for consistency with the 10-acre minimum lot area by accommodating two lots with an average lot size well in excess of 10 acres. It has been found that the average lot size for the twelve (12) immediately surrounding properties is 5.056 acres. No other adjustments to the standard requirements of the AR-10 zoning were required or requested for this PUD. The only known impacts to surrounding parcels would be minor visual implications as the new site is visible to adjacent properties and from West Buttermilk Road. While the exact location of the home has not been identified through a Site Plan process, the intention is for the home to be located near the base of the hillside to the west, which should allow it to be screened from the road with as minimal visual intrusion as reasonably practicable. No matter where the home is located within the activity Skybeam Ranch Subdivision: Detailed/Final PID:2735•031 •00•001 Page 4 envelope, it will not block views from any neighboring parcel. In general, the home site is clustered and consistent with existing development patterns along the proximate stretches and environs of West Buttermilk Road. ·- · - · 7 - ,.,,.,...... -. - ..I. . - CONSERVATION EASEMENT •u,--. •-• ~---.... ~ -.,,, •.-ii• AREA: 26.67 ac. +I- LOT 1: 31.74 ac. +I- h.""11, f'll,U".,,_ ... , •• ...... ,..,,_ "" ~ I .. H ..... ,.. a1 ,.• L - ·- · - ""'""'• .....r~i. . ,.. ,,...,,. j ...... , ... ,.,; ...... LOT2: 5.34 ac. +I- ORAPHIC i!ICALB ·--•-A.•• ,.,t Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 5 Overall, the applicant has taken significant and somewhat extraordinary steps to limit the size of the development and providing both neighborhood and community-wide enhancements and benefits. For example, and as mentioned above, the proposed Skybeam Ranch Subdivision/FUD includes only two lots where County zoning permits a development potential/ density of three lots. The applicant has agreed to guarantee that there will be no further subdivision of the property and no potential for a third home/lot even though there is enough acreage within the property to provide for a third lot in the AR-10 zone district. In addition, the applicant has represented and will ensure that: • Siting of the Lot 2 Activity Envelope is at the lowest elevation available so as to avoid compromising others' views and to confine the Lot's development to within a 1.1 acre area; • The potential building height on Lot is limited such that no ridge or portion of a roof will project above the 8,095-foot elevation above sea level so as to guarantee that an immediate neighbor's views will not be infringed upon; • Development is appropriately clustered to assure compatibility and avoid valued open space areas; • While the AR-10 zoning allows development of up to 15,000 square feet of floor area on Lot 2 and the approved GMQS allocation established a maximum of 10,750 square feet of floor area w ith no more than 8,250 square feet above grade, the applicant voluntarily limited the potential square footage even further to permit not more than 5,750 square feet of above grade floor area and not more than 2,000 square feet of subgrade space so as to ensure visual compatibility with neighborhood character (above grade floor area of 5,750 square feet is allowed by-right on all surrounding properties without the use of TDRs or a GMQS allotment; the applicant's commitment represents development of not more than 51.67% of the total floor area otherwise allowed by-right in the underlying zone district); • Previously disturbed acreage on Lot 1 that was left damaged during the previous owner's construction - largely in the area adjacent to an immediate neighbor's residence (Mr. Julian Gregory) - is being revegetated w ith appropriate plant species so as to enhance and protect wildlife habitat; • A comprehensive solution to weed/ thistle challenges on the entirety of the 37 acres is implemented and maintained; • The existing well on proposed Lot 2 is being voluntarily capped and abandoned purely in an effort to maintain the reliability of a domestic well on a neighbor's property for that neighbor's sake; Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 6 • Water conservation measures have been volunteered so as to lessen potential consumption even though no such measures are at all required and no other properties within the Buttermilk Metro District have made similar commitments. For instance, the applicant committed to prohibiting swimming pools on Lot 2, the installation of water-conserving plumbing fixtures throughout the new residence, and installation of only drought-tolerant, low water requirement landscaping/ xeriscaping; • Easements are provided across both Lots to accommodate the potential for future trail connections; • $35,000 worth of funding is being provided by the Applicant for trails development on Buttermilk Mountain (the so-called "Lower Buttermilk Trail") to provide final links connecting Aspen to Sky Mountain Park and the Town of Snowmass Village (and vice versa); in the event that the Buttermilk Mountain trails prove infeasible for any reason, the $35,000 of funding will instead go toward new trails and/ or trail maintenance and improvements for Sky Mountain Park; and • A 26.67-acre conservation easement is being placed on the lands immediately adjacent to 50-plus acres of A VLT / City of Aspen conservation easement and this new conservation easement will be grated to Pitkin County Open Space and Trails as well as the City of Aspen, as joint beneficiaries so as to make removal or amendment of the easement exceedingly difficult. All of the foregoing representations and commitments remain part of this Detailed Submission and Final Plat application. The current application does not seek to rescind or otherwise change any of the commitments or representations that were provided in the Conceptual Submission, GMQS, Rezoning, PUD and Activity Envelope application or the hearings that lead to its approval. In other words, the current application is fully consistent with prior representations and the prior approval. Along with all of the very significant neighborhood and community benefits being guaranteed in perpetuity with the approval of the Skybeam Ranch Subdivision/PUD site specific development plan, the applicant requests six (6) years of vested property rights. The Deed of Conservation Easement and the Trail Easement, as well as all of the above-described neighborhood benefits, are being provided to the County and community contemporaneous with the recording of the final Plat. Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 7 SKYBEAM RANCH SUBDIVISION PLAT SITUATED IN GOVERNMENT LOTS 17, 18, 19, 20 AND 21 OF SECTION 3, .....,""'" TOWNSHIP IO SOUTH, RANGE 85 WEST OF THE 6TH P.M. ~-,\ COUNTY OF PITKIN, STA TE OF COLORADO PARCEL ID NO. 273503100001 r SUBJECT PROPERTY l--t,1------f-,J ,.. POii.POSE STATEMENT " \11 -tor1s LOT 17 LOTl CONSERVATION EA.StMENT ~ > ANIIICa.CtlAA0111\,,0!(01"1-IDl1\l,H.lt.:III_Jl __ll~» ••.till'.llOIAl'O ...... f\D .. ~lffl.Of\11 . II.H_A __ l_lt10J1'11. --1$""510,IICA>l~-. - ...... StNIISt,,111.,...C,.,. ,U,"90-~IMl!N,,ll.,,Oflllll)(bi,Ofi,ll,j.~l) lUC\ITIO~OO.•OI'____ _ SURVEY NOTES: • -Cll--!'>tS-1!1•--Cll~ll"WllTWIIN_r..__ <."'f\Ul'tJlll,Al,OHG,IMl~•N(lf1JIIVIH'4(1(;MNHllllf • 00.ffOtlm.l)_..,0.U_JLJall ...... ,,UIIOIO_IM$_.,.MC,_US_.,IU1 , fM$_.,.15_0tl_Of ____wt!.l.1111-1 , DC1,-,.rYll,IIJ'1K'IIOIIII_QON_'-"OAGltl(WCNfflKOll;l(PA,S M<;ronoNNO -Mµ»~llf0'110HNO -MIJOI IO'WJNltflUW PITKIN COUNTY BOARD Of COUNTY COMMI SSIONERS APl>ROVAL t {f'UIT')l/'j""'t) IOWfflrNIXl' r ·t.r i HJrnl0111... RAIJOrtU sc~tr•: 1•• zoo· l'lAnCCMUlln - SURVEYOR'S CERTIFICATE 501 BUTTERMlll\, lLC SKYBEAM RANCH SUBOMSlON PLAT LEGEND S0l W . IUTT[RM(U( ROAD • ASP[N COUNTY OF PmCIN • STATI OF COLORADO ,co,,..•sorv... n~· W(J.itAPT t 26.6',AC!t[S D TRUE NORTH COLORADO UC. • U,H0 ~ NIIO MA#'ING COMU,Hf TRUE NORTH (;>-°I~ lllt ...... TI AVUM ---COLORADO--- -GWM'OOOWl'JNGS. CClOll,,IDOIUO) D "- l.ANO SURV['l'INIG ANIC> MAPPING COMPAN'I' 49'1))"'H.IM PRELIMINARY -.~ .....- S IIF,J-;T ~\_~ 1Q1'1 IV.REVIEW REQUIREMENTS The following code sections have been identified by the Pitkin County Community Development Department as relevant to the land use proposals included in this application (see Pre-Application Conference Summary attached as Exhibit 1): • Section 2-20-30: Improvements Agreements; • Section 2-40-50: Subdivision and PUD Review Procedures; • Section 7-30: Roads, Driveways and Parking; • Section 7-50: Public Services and Utilities; • Section 7-70: Subdivisions; and • Section 2-20-170(d), Extension or Reinstatement of Vested Property Rights for Site Specific Development Plans These Code sections and each of the conditions contained in the Conceptual approval (i.e., BOCC Resolution No. 067-2017) are addressed below. Improvements Agreements (§2-20-130(a)) Section 2-20-130 of the Code states as follows: In the case of proposed subdivisions of land, PUD rezonings, or other instances where an application proposes the performance of duties after the date of approval, or where the County imposes conditions requiring the performance of duties after the date of approval, or where the Community Development Director or the County Attorney determine that assurances for the performance of those conditions is required, the following types of agreements, covenants, or guarantees may be required of the applicant. Where the application is for approval of a subdivision, requirements for guarantees of public improvements shall comply with the provisions of C.R.S. 30-28 137. The proposed Skybeam Ranch Subdivision/FUD does not involve any public improvements, and all needed utilities and services are privately supplied. Access is taken from a private road (West Buttermilk Road) that is administered by the Buttermilk Metropolitan District. The Buttermilk Metropolitan District will provide water service as well. There is no public or municipal sanitary sewer available to the subject property, meaning an On-site Wastewater Treatment System (OWTS) will be installed. While the Aspen Fire Protection District will serve the subdivision, no related public improvements are needed, as there are already two hydrants near the Lot 2 Activity Envelope. All other utilities and services are privately provided. The conditions of subsection (a) are enumerated below (in italics) and followed by a response demonstrating compliance and/ or consistency therewith, as applicable. Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 8 (1) Prior to the submittal of any permit application or the recording of the final plat, the applicant shall submit to the Board and receive approval for an improvement agreement that meets the requirements of this section. There are no public improvements proposed or required for the subject subdivision. As such, an improvement agreement is neither applicable nor necessary. Instead, a draft Vested Rights Agreement and PUD Guide is attached as Exhibit 5 and a draft GMQS Covenant is attached as Exhibit 6. (2) The improvement agreement shall constitute the applicant's agreement to construct the public improvements and common private improvements identified as requirements of project approval, and shall identify such requirements with particularity, including, where appropriate, deadlines for completion of construction and plans or drawings. This standard is not applicable. The proposed Skybeam Ranch Subdivision/PUD does not involve any public improvements, and all needed utilities and services are privately supplied. No common private improvements are proposed or needed either; the two lots will function independently. (3) The improvement agreement shall provide that no property within the project may be sold, and no building permit application for construction may be submitted, until the improvements identified in the agreement have been completed. At the Board's discretion, the improvement agreement may also provide that property within the project may be sold and that building permit applications for construction may be submitted prior to completion of specified agreements if financial security in a Jann acceptable to the Community Development Director or designee is provided by the applicant as described below. This shall not preclude the sale of an entire project, provided that the purchaser is subject to the same limitations as imposed upon the applicant by this Land Use Code, by the project approval, and by the improvement agreement. Again, there are no public improvements proposed or required for the subject subdivision. As such, an improvement agreement is neither applicable nor necessary. All otherwise typically required financial securities will be provided to the County at the time of building permit application/issuance, and surely the Buttermilk Metropolitan District will have its own required commitments and securities. All requirements associated with the subdivision approvals will run with the land. (4) At the Board's discretion, in lieu of the limitations of subsection (3) above, the Board may allow pennits to be issued and the final plat to be recorded where the applicant has provided financial security in a form acceptable to the Community Development Director or designee to assure the actual cost of construction of the required improvements, which costs shall be determined by the Board. Unless the Board determines otherwise, the improvement agreement shall require that sufficient financial security in a form acceptable to the Community Development Director or designee must be provided to secure completion of the improvements. Such financial security in a form acceptable to the Community Development Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 9 Director or designee must be issued or confirmed by a Colorado bank acceptable to the Board. The financial security shall provide that it may be drawn upon by the Board upon presentation by the Board, subject only to the Board's affidavit that the applicant is in default of its obligations under the improvement agreement. The amount of security may be incrementally reduced as improvements are completed to the satisfaction of the Board. A financial security shall be in full force and effect until such time as the Board has determined that all improvements are satisfactorily completed. Again, there are no public improvements proposed or required for the subject subdivision. As such, an improvement agreement is neither applicable nor necessary. All otherwise typically required financial securities will be provided to the County at the time of building permit application/ issuance, and surely the Buttermilk Metropolitan District will have its own required commitments and securities. (5) The improvement agreement shall provide that if the Board determines that any of the required improvements are not constructed as provided in the agreement, including reasonable provisions for the correction of deficiencies upon notice thereof, the Board may draw upon the financial security in a form acceptable to the Community Development Director or designee as may be necessary to complete the improvements in accordance with the specifications included in the improvement agreement. Again, there are no public improvements proposed or required for the subject subdivision. As such, an improvement agreement is neither applicable nor necessary. All otherwise typically required financial securities will be provided to the County at the time of building permit application/ issuance, and surely the Buttermilk Metropolitan District will have its own required commitments and securities. Subdivision and PUD Review Procedures (§§2-40-50 and 7-70) Pursuant to Section 2-40-50(d)(2) of the Code, an applicant for detailed subdivision review approval must file the submission materials within one (1) year following the BOCC grant of conceptual approval for the subdivision. Since the BOCC granted conceptual approval for the 501 Buttermilk Subdivision/PUD on October 11, 2017, this application is well within the required one-year time frame. Additionally, with staff's approval, an applicant may request concurrent review of their detailed subdivision and final plat submissions. Staff has authorized the concurrent review (see the Pre application Conference Summary attached to this application as Exhibit 1). All of the criteria outlined in Section 2-40-S0(i) of the Code must be met before the Board may approve a final subdivision. Each of these requirements is provided below in italics and each is followed by the applicant's response demonstrating compliance and/ or consistency therewith, as applicable. (1) The application complies with all applicable provisions of this Land Use Code; Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 10 As demonstrated throughout this application, all applicable provisions of the Land Use Code are being complied with. Conceptual Submission, Activity Envelope Review, Rezoning, GMQS Allotment and Planned Unit Development (PUD) approvals have been granted pursuant to all applicable provisions of the Code, and this Detailed/Final application is fully consistent with those approvals. (2) The application complies with all applicable Land Use Policies listed in Sec. 1-60; The Conceptual Submission, Activity Envelope Review, Rezoning, GMQS Allotment and Planned Unit Development (PUD) approvals included findings of consistency with all applicable Land Use Policies listed in Code Section 1-60. This Detailed/Final application remains fully consistent with the said approvals. There have been no amendments to the Land Use Policies in the intervening time between the aforementioned approvals and this application. It follows, therefore, that this Detailed/Final application remains consistent with all applicable Land Use Policies listed in Section 1-60 of the Code. (3) The application complies with all prior development approvals applicable to the subject property; This Detailed/Final application fully complies with all prior development approvals applicable to the subject property. Additionally, Resolution No. 50-2017 allocated 10,750 square feet of floor area to Lot 2 of the Skybeam Ranch Subdivision/PUD as a result of the 2017 Urban Growth Boundary Residential GMQS competition for new lots and parcels. This allocation was conditioned upon recordation of a covenant documenting the representations made in the application. A draft of this covenant has been prepared and submitted herewith for review and approval (See Exhibit 6). Resolution No. 067- 2017 granted Conceptual Subdivision approval subject to certain conditions, all of which are individually addressed later in this application. (4) The proposed subdivision is consistent with and implements the intent of the zone district(s) in which it is located; The property is in the AR-10 (Agricultural/Residential - 10 acre) Zone District. The codified intent of the AR-10 district is: ... to accommodate small scale agricultural activities and large lot residential development that maintains the rural character and appearance of the land. Because few agricultural activities can be accomplished on a lot of ten (10) acres, the majority of such land will be used for residential uses. Residential development should be clustered and/or grouped at the edges of valleys or wooded areas in order to minimize the visual disruption of the natural landforms and to avoid the appearance of unrelated homes spread randomly across the land. Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 11 The proposed development subdivides the property into two lots, with each lot accommodating a single-family residence and customary accessory uses. The BOCC granted the applicant's request to rezone the property to include a PUD Overlay in order to allow satisfaction of the minimum lot size requirement on an average basis as opposed to a per-lot basis. The average lot size is 18.54 acres in a zone district with an otherwise applicable minimum lot size requirement of 10-acres. The minimum lot size variation was granted as a means of clustering of development to the maximum extent practicable, preserving contiguous and meaningful open spaces, maintaining neighborhood character, minimizing visual disruption of natural landforms, and avoiding the appearance of unrelated homes spread randomly across the land. Indeed, with the first round of approvals granted for the proposed subdivision, staff, the Planning and Zoning Commission, and the BOCC all made findings of consistency with the underlying AR-10 zone district and the current proposal is fully consistent with the plans that were previously approved. (5) The general layout of lots, roads, driveways, utilities, drainage facilities, and other services within the proposed subdivision or PUD is designed in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat, and otherwise accomplishes the purposes and intent of this Land Use Code; The amount of potential land disturbance has been minimized, while the amount of valuable open space preservation has been maximized. The layout is efficient, practical, clustered, and utilizes existing roadways to provide efficient access to the resulting lot. There is no regulated wildlife habitat on the property, nor are there any riparian areas. The proposal goes to great lengths to forward the purposes and intent of the Land Use Code, as was found by the County in its approval of the Conceptual Subdivision application. Please also refer to the response provided for the preceding criterion. (6) The proposed subdivision or PUD will not result in significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; As was found during the Conceptual Submission, Activity Envelope Review, Rezoning, PUD Review, and GMQS approval processes, the proposed subdivision will not result in significant adverse impacts on the natural environment. Any impacts will be substantially mitigated. (7) The proposed subdivision or PUD will not result in significant adverse impacts on adjacent properties, or such impacts will be substantially mitigated; There will be no significant adverse impacts on adjacent properties. The applicant has voluntarily agreed to limit the above ground floor area to 5,750 square feet. The applicant also voluntarily limited water usage, limited building heights, and committed to abandoning of a well, all for the sole purpose of avoiding adverse impacts on Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 12 adjacent properties. Further, the applicant voluntarily committed to measures that seek to enhance neighborhood character. Please also refer to Section III, Proposal Summary, above. (8) Adequate and sufficient public safety, transportation, utility facilities and services, recreation facilities, parks, and schools are available to serve the property, while maintaining sufficient levels of service to existing development; As was found when Conceptual Submission and the associated approvals were granted, this one additional single-family residence with customary accessory uses will not adversely affect the sufficiency of public safety, transportation, utility facilities and services, recreation facilities, parks or schools. (9) In addition, a rezoning to a PUD designation shall only be recommended or approved if the Planning and Zoning Commission or the Board of County Commissioners, as applicable, determines that the standard criteria for a rezoning set forth in 2-40-lO(c) have been met. Concurrent with the granting of approvals for a GMQS allocation and Conceptual Submission, the BOCC adopted Ordinance No. 30-2017 (attached as part of Exhibit 4) effectively rezoning the property to include a PUD Overlay on its underlying AR-10 zoning designation (now zoned AR-10/PUD). As such, both the Commission and the Board have already made a determination of consistency with the standard criteria for a rezoning set forth in Code Section 2-40-l0(c). Next, Section 7-70 of the Code must be followed when dividing a parcel of land into two (2) or more lots within Pitkin County, and said Section requires that all subdivisions of land be consistent with the applicable provisions of the Comprehensive Plan for the area. The applicable comprehensive plan for the area is the Aspen Area Community Plan (AACP). The proposed subdivision must also comply with all requirements for the zone district in which the land is located. Consistency with the AACP and the AR-10/PUD zoning has been demonstrated above and was satisfactorily demonstrated en route to the BOCC granting its Conceptual and associated approvals. Nothing has changed with regard to the proposed subdivision/PUD and the AACP has not been at all amended since the conceptual submission and associated approvals were granted. Section 7-70-30 of the Code goes on to state that, "No subdivision of land shall be approved if the indicated staging of development will generate service or facility demands in advance of the fiscal and physical ability of the County or districts to provide within their budgets." The applicant is proposing one additional single-family lot with a residence to be developed at some point in the future. No phasing of development is necessary or proposed. The one new lot and eventual single-family residence will not generate service or facility demands in advance of the fiscal or physical ability of the County to provide within its budget. All potential fiscal impacts to the Buttermilk Metropolitan District will be borne by the applicant and paid for in the form of tap fees, road impact fees and the Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 13 like. The infrastructure to support the proposed development already exists and has the capacity to serve one additional single-family home and accessory uses. Moreover, the applicant will bear all expenses associated with any improvements necessary to support the development. Code Section 7-70-40 states that, "A proposed subdivision of land shall only be approved if any special road construction, improvement or maintenance cost assignable to the proposal and to be borne by the County at large can be met within both short-term and long-term County budgets without tax increases that might otherwise be unnecessanJ." As stated above, one additional single-family residence will not require any tax increases. There will be no special road construction, improvement or maintenance costs attributable to this subdivision, but should any arise, such will be borne by the applicant. The property is accessed from a private road, but the applicant will pay the applicable County Roads Impact Fee at the time of building permit issuance. Section 7-70-50 of the Code states that, "A proposed subdivision of land shall only be approved if any utility or facility to be provided by the developer for acceptance and future operation and/or maintenance by the County, or any district within the County is planned, designed and constructed and prior to its acceptance by the County or district, operated and maintained in a manner that protects the public from any expenses to correct deficiencies in the utility or facility." Section 7-70-60 deals with the accessibility of public facilities and states that, "A proposed subdivision of land shall only be approved if the location and layout of the proposal are such that necessary public facilities can be provided to the area without the need for additional public expenditures for service expansions." In response to both of these requirements, it is again noted that the infrastructure to support the proposed development already exists and has the capacity to serve the one additional lot that will be created as a result of the subdivision. All proposed improvements for the lots are private improvements that will not require public security. Section 7-70-70 states that, "A proposed subdivision ofland shall only be approved if the short term construction impacts on roads, fire and police substations, schools, public services such as solid waste collection, snow removal and public transportation have been or will be mitigated by the developer." All short-term, construction impacts will be mitigated by the developer. In reality, there will be no such short-term impacts on public facilities and services, as the construction staging and servicing will take place within the property. The applicant will submit construction management plans at the time of building permit application and all required impact fees will be paid or secured, as required, prior to building permit issuance. Finally, Section 7-70-80 generally requires a signed Improvements Agreement between the applicant and the County. While the applicant understands that prior to the submittal of any permit application or the recording of the Final Plat, the Board would normally need to receive and approve a Subdivision Improvement Agreement (SIA) that meets the requirements of Section 2-20-130 of the Code, it is also noted that the proposed subdivision does not involve any needed or required public improvements. Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 14 As such, it is respectfully requested that the typical requirement for a SIA be waived in the current case. Roads, Driveways, and Parking (§7-30) This application will have negligible effects on the existing road system. West Buttermilk Road is privately owned and maintained by the Buttermilk Metropolitan District and is believed to meet all applicable roadway and access standards. The proposed subdivision will create an additional driveway access point along West Buttermilk Road. The new access point will be approximately mid-lot and coincides with a slight topographical bench in Lot 2 and West Buttermilk Road. This access point is in the safest location available in terms of site distance since it is approximately equidistant from two switchbacks on West Buttermilk Road. The proposed driveway will conform to the Pitkin County Standards, as explained in the Sopris Engineering letter attached as Exhibit 9. Because the applicant is not currently seeking Site Plan approval, a detailed Site Plan does not accompany the application. A Site Plan application will be submitted prior to application for a building permit. At the time of Site Plan review for Lot 2, the applicant will coordinate with the Aspen Fire Protection District to ensure that the driveway design is in compliance with their requirements. Public Services and Utilities (§7-50) Water, power, and communications utilities are readily available at the existing and proposed lots, as represented in the Sopris Engineering Report (Exhibit 9). All existing supply lines are adequately sized to accommodate one additional residential user. An individual septic system will be designed to satisfy the needs of the new home and will be located within the approved Activity Envelope. A detailed OWTS design will be identified on the Site Plan during Site Plan Review and approved prior to submission of a building permit. A natural gas service line is located in the area and the applicant may choose to participate financially in extending service to the new lot, but natural gas service is not a requirement. If natural gas is not brought to the property, a liquid propane storage tank will likely be buried on site in a location to be identified on the future Site Plan. Water Supply and Distribution Systems (§7-50-20(b)(3)) The Buttermilk Metropolitan District currently provides domestic water to the existing residence. A 2011 Bulk Sale Agreement between the Metro District and the City of Aspen obligates the City to supply up to 35.5 million gallons of water annually. To date, the full allotment has never been realized. The sale agreement also mandates that all new development in the district connect to the metro district service. The newly created lot and future home will be connected to the district and will not cause the district to reach, let alone exceed, its annual purchase amount of treated water. The Metro District Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 15 has provided a "Can and Will Serve" letter for Lot 2 and the applicant will pay all required water tap fees at the time of development. Consisten with Conce tual Submission A proval In the Conceptual Submission application, the applicant proposed to subdivide the existing parcel into two (2) lots. The applicant's conceptual submission, activity envelope, and PUD application was approved subject to eighteen (18) conditions. The variou s conditions of BOCC Resolution No. 67-2017 and this Detailed Subdivision/Final Plat application's compliance therewith, are summarized below. 1) Prior to the submission of any building or development permit application for Lot 2, the applicant shall obtain Site Plan approval. Approval of this subdivision does not ensure approval of a Site Plan. At Site Plan Review, the applicant shall demonstrate compliance with Section 7-20-120(d), Scenic View Protection Standards. The future residence shall not obstruct a ridgeline from any designated Scenic Corridor. This condition is understood by the applicant and will be followed. 2) The Applicant may combine the Subdivision Detailed Submission and Final Plat in one application. This application requests a combined approval for Subdivision Detailed Submission and Final Plat. 3) At detailed/final plat submission, a "PUD Guide" shall be drafted and submitted which outlines the reduction in the minimum lot size for Lot 2 and provides details of the use terms of the conservation easement for both Lots 1 and 2. The PUD Guide shall be attached to the detailed/final plat resolution if approval is granted. The "PUD Guide" has been drafted and combined with the Vested Rights Agreement. This combined document is attached to this application as Exhibit 5. The only PUD variation to be memorialized in the Agreement is an allowance of the Lot 2 area at 5.34 acres (as opposed to 10 acres). 4) Prior to detailed and final plat submission, the Applicant shall meet with Open Space and Trails to discuss the 26.6-acre open space conservation easement dedication and trail easement dedication. The Applicant shall also designate a 3rd party beneficiary for the open space conservation easement. Potential 3rd party designees include, but are not limited to, the Aspen Valley Land Trust, the City of Aspen, and the Nature Conservancy. The Applicant shall submit a draft conservation easement and trail easement, which shall be reviewed and preliminarily approved by OST and any beneficiaries. BOCC approval of the easements is required by Ordinance. These easements shall be executed and recorded Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 16 concurrent with recordation of the Final Plat. Depictions of these easements shall also be shown on the Final Plat, if approved. The applicant has met with Paul Holsinger of Pitkin County Open Space and Trails (OST) to discuss the dedication of the open space conservation easement and the trail easement. Mr. Holsinger provided a sample Deed of Conservation Easement that was used in drafting the proposed Deed of Conservation Easement attached hereto as Exhibit 7. It is proposed that the City of Aspen be accepted as a co-grantee as it is the holder of an adjoining SO-acre or so conservation easement. The required draft Trail Easement is also attached hereto, as Exhibit 8. During the course of this application's review, both proposed easement agreements will be reviewed and preliminarily approved by the OST Board as well as the Aspen City Council. Final review authority over the proposed easements will reside with the BOCC and, if granted, these agreements will be executed for recordation concurrent with the Final Plat, the GMQS Covenant, and the PUD Guide/Vested Rights Agreement. The draft Final Plat included herewith depicts and legally describes the proposed conservation easement and trail easement areas. 5) Prior to the construction of the potential trail across Lot 1 and during the planning phase for the trail, the Aspen Oaks HOA shall be notified in writing by Pitkin County Open Space and Trails of all trail planning meetings. Pitkin County Open Space and Trails shall consult Colorado Parks and Wildlife and all beneficiaries of the conservation easement during the planning phase for the potential trail. This requirement is understood and will be followed should construction of a trail in the proposed easement ever be pursued. 6) With detailed and final plat submission, the Applicant shall submit draft covenants memorializing the commitments made in the GMQS portion of the application. These covenants shall be reviewed and approved by the Community Development Director and recorded with the final plat, if approved. The proposed draft GMQS Covenant, which memorializes the commitments made and accepted en route to the awarded GMQS allotment, is attached to this application as Exhibit 6. The GMQS Covenant will be recorded concurrent with the Final Plat. 7) Lot 1 and Lot 2 shall not be further subdivided. This condition is understood by the applicant and will be followed. Further, this condition will be memorialized in the PUD Guide/Vested Rights Agreement as well as the GMQS Covenant. 8) Gross floor area for Lot 2 shall not exceed 7,750 square feet. Above grade floor area is limited to 5,750 square feet, inclusive of garages and/or other outbuildings. A Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 17 maximum of 2,000 square feet offloor area is limited to below grade basement space as defined below: • Below grade spaces are located below both the natural and finished grades. If any part of the below-grade space is exposed above natural or finished grade (such as walk-out basement, walls or courts) the entire below-grade area shall be included in the above grade floor area calculations. • Below grade spaces are accessed only by stairway or elevator from the story directly ab01.1e, or through a door from a garage adjacent to the belmv-grade area. • Below grade spaces are no greater than twenty (20) feet in depth and no more than a single story. For purposes of this definition, "story" shall mean that portion of a building included between the upper surface of a floor and the upper surface of the floor above. • Below grade spaces do not contain doors to the exterior of the structure. • Below-grade bedrooms are allowed no more than one (1) egress window per bedroom. • Below grade spaces that contain no bedrooms are allowed only one egress window. When below grade egress is achieved through one or more below grade bedrooms, no additional egress shall be provided. Egress window well size shall not exceed the minimum allowed by the International Building Code/International Residential Code. • Habitable below-grade spaces may be provided with aggregate glazing area of not more than eight (8) percent of the habitable area of the room. "Habitable" shall mean a space in a building for living, sleeping, eating or cooking. Unfinished basements shall be considered habitable spaces. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas shall not be considered habitable spaces. Window wells for natural light have a maximum dimension of three (3) feet from the exterior wall. The maximum window well width shall be no more than the width of the window. Skylights and bay window-like glazing are prohibited in below grade spaces. • Foundation walls for below-grade spaces may be exposed above natural and finished grade to the minimum degree required by the IRC pertaining to foundation design. • Up to ten (10) percent of any particular below-grade wall surface may extend above natural grade so long as the finished grade covers the wall surface that would otherwise be exposed. Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 18 This condition is understood by the applicant and will be followed. Further, this condition will be memorialized in the PUD Guide/Vested Rights Agreement as well as the GMQS Covenant. 9) The ridge of the roof of the future residence on Lot 2 shall not be constructed any higher than the 8,095' elevation line. Compliance with this requirement shall be demonstrated and verified at Site Plan Review by a surveyor registered in the State of Colorado. This condition is understood by the applicant and will be followed. Further, this condition will be memorialized in the PUD Guide/Vested Rights Agreement. 10) Prior to building permit issuance for Lot 2, the applicant shall abandon the existing well in accordance with all State of Colorado requirements. This condition is recognized and understood by the applicant. Further, this condition will be memorialized in the GMQS Covenant. 11) If Final Plat approval is granted, the Applicant shall submit for recordation a Final Plat in accordance with the Pitkin County Land Use Application Manual. The Applicant also submit for recordation an Activity Envelope for Lot 2 in accordance with the Pitkin County Land Use Application Manual. The Final Plat and the Activity Envelope for Lot 2 will be recorded upon receipt of the Detailed Subdivision and Final Plat approval. A draft Final Plat has been provided herewith for review. A draft copy of the then proposed Activity Envelope was submitted with the 2016 application that was approved under BOCC Resolution No. 067-2017; no changes or amendments to that envelope or its approval are proposed and the Activity Envelope Plan will be recorded concurrent with the Final Plat. 12) The Applicant shall comply with the recommendations outlined in the Pitkin County Certified Wildfire Expert report (Attachment B) and shall consider these recommendations conditions of this approval, including the following: A. The Applicant shall comply with all requirements of the Aspen Fire Protection District. B. The future residence on Lot 2 shall be sprinklered. This condition is understood by the applicant and will be followed. 13) The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Native vegetation shall be maintained outside of the activity envelope. B. Contractors/construction workers shall be required to provide bear proof containers for all edible and food related trash. Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 19 C. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to issuance of a certificate of occupancy. D. All fencing shall be wildlife friendly with the exception of dog kennels. E. Wood rail perimeter fencing shall employ three rails or less, be the round or split rail type, shall not exceed 54 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between the lower two rails. F. Wire fencing must be three (3) strands or less. The top wire should be a twelve point-five (12.5) gauge twisted barbless h;pe at a maximum height of forh;-hvo (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. G. All non-conforming fencing on the property must be brought into compliance. H . No fruit-bearing trees and shrubs in any landscaping. I. Construction workers are prohibited from bringing their dogs on site. J. All outside doors on all buildings shall utilize only solid round handled door knobs, unless another type is required by the applicable Building Code for disabled accessibility purposes. K. At building permit submittal, the Applicant shall submit for review and approval by the Community Development Director a thistle reduction plan. These conditions are understood by the applicant and will be followed. 14) No development including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, well or septic system shall occur outside of the approved Activity Envelope, except as necessary to comply with the wildfire mitigation measures described above. This requirement/limitation is understood and will be followed by the Applicant. 15) 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 activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. The corners of the Activity Envelope will be staked and construction fencing will be installed prior to the commencement of any earthmoving or other construction activity. 16) No development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 20 Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. This condition/limitation is understood and will be followed by the Applicant. 17) 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. This condition is understood and does not require any further response. 18) 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. All conditions of approval will be complied with and have been further memorialized in the draft PUD Guide/Vested Rights Agreement, the GMQS Covenant, the Deed of Conservation Easement, the Trail Easement Agreement, and/ or the Final Plat. Standards for a Longer Term of Vested Rights Section 2-20-170(c)(2) of the Code authorizes the BOCC to grant a term longer than three years for vested property rights. This Code section provides: A vested right, as defined in C.R.S. 24-68-101 et. seq., may be vested for a period longer than three (3) years through the use of a development agreement. A development agreement is an agreement between the County and the property owner providing that vested rights will be granted for a longer term in return for additional certainty or benefits granted by the property owner to the County regarding a specific final development of the property. For example, vested right for p eriods longer than the statutory three (3) year period may be considered if (a) the applicant makes commitments that the property will protect significantly more open space, or will provide significantly more affordable housing, than would otherwise be required by this Land Use Code, or (b) the proposed development will be completed in phases, and the County and applicant wish to agree on the timing of those phases and related infrastructure requirements. Development agreements shall not be used simply to extend the three (3) year vesting period when significant additional contributions of open space or affordable housing (beyond the requirement ofthis Land Use Code) are not made, and a phased development is not involved, or simply to provide additional flexibility in the timing ofdevelopment. Attached as Exhibit 5 is a proposed Development Agreement. The applicant has already made commitments to protect significantly more open space than is required by the Code. With the application the applicant has submitted a Deed of Conservation Easement to protect 26.67 acres and has agreed to no further subdivision of the Property, giving up the opportunity for a third lot that would meet the minimum lot area of the AR-10 zone district requirements. Similarly, a trail easement has ben granted Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 21 and a substantial sum has been donated for the development of a trail connection on lower Buttermilk Mountain. A summary list of benefits being received by the County is provided on pages 6-7, above. The County and public will immediately receive, among other things, a deeded conservation easement, a trail easement, and a GMQS covenant forever requiring a host of public benefits associated with the approvals. Along with these, the applicant already voluntarily agreed to forgo a substantial portion of the allotted GMQS floor area, limiting the total house size to 5,750 square feet above grade and not more than 2,000 square feet subgrade despite having already been awarded an allocation of 10,750 square feet. These benefits are being provided immediately and in perpetuity without any chance of return or refund to the applicant. The public benefits described above are not only substantial but also represent a more than equitable trade-off for the three years of extended vested rights now sought. The applicant feels that an added three years of vested rights is a very reasonable request that would allow for some flexibility to be able to adapt should economic conditions vary in the coming years. Skybeam Ranch Subdivision: Detailed/Final PID:2735•031•00•001 Page 22 EXHIBITS • Exhibit 1: The Pre-Application Conference Summary • Exhibit 2: Proof of the applicant's ownership of the property • Exhibit 3: Authorization for Haas Land Planning, LLC to represent the applicant • Exhibit 4: Copies of applicable prior approval documents, including P&Z Resolution No. 8-2017, BOCC Resolution No. 050-2017, BOCC Resolution No. 067-2017, and BOCC Ordinance Number 030-2017 • Exhibit 5: Proposed Draft PUD Guide and Vested Property Rights Agreement • Exhibit 6: Proposed Draft GMQS Covenant • Exhibit 7: Proposed Draft Deed of Conservation Easement • Exhibit 8: Proposed Draft Trail Easement Agreement • Exhibit 9: Civil Engineering Report from Sopris Engineering • Exhibit 10: An executed application fee agreement • Exhibit 11: A list of property owners of record within a three hundred foot radius (and their mailing addresses of record) PIO# 2735-031-00-001 EXHIBITS • Exhibit 1: The Pre-Application Conference Summary • Exhibit 2: Proof of the applicant's ownership of the property • Exhibit 3: Authorization for Haas Land Planning, LLC to represent the applicant • Exhibit 4: Copies of applicable prior approval documents, including P&Z Resolution No. 8-2017, BOCC Resolution No. 050-2017, BOCC Resolution No. 067-2017, and BOCC Ordinance Number 030-2017 • Exhibit 5: Proposed Draft PUD Guide and Vested Property Rights Agreement • Exhibit 6: Proposed Draft GMQS Covenant • Exhibit 7: Proposed Draft Deed of Conservation Easement • Exhibit 8: Proposed Draft Trail Easement Agreement • Exhibit 9: Civil Engineering Report from Sopris Engineering • Exhibit 10: An executed application fee agreement • Exhibit 11: A list of property owners of record within a three hundred foot radius (and their mailing addresses of record) PIO# 2735-031-00-001 EXHIBIT PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Mike Kraemer DATE: 10/24/17 PHONE: (970) 920-5482 E-MAIL: [email protected] ' LOCATION: 501 West Buttermilk Road PIO# 273503100001 ZONE DISTRICT: AR-10 LOT SIZE: 37 acres OWNER: 501 Buttermilk LLC REPRESENTATIVE: Mitch Haas EMAIL: [email protected] Type of Application: Subdivision Detailed Submission and Final Plat Description of ProjecUDevelopment: The Applicant proposes to subdivide the property into two lots, one of which will contain the existing residences (Lot 1) and one new lot on which to develop a new single family residence (Lot 2). The Applicant recently received Conceptual Subdivision approval, PUD approval, Rezoning to a PUD, and a GMQS allotment for the newly created lot. These documents are in the process of being recorded at the Pitkin County Clerk's Office. Pitkin County Land Use Code: • 2-20-130: Improvements Agreements • 2-40-50: Subdivision and PUD Review Procedures • 2-40-50: Subdivision and PUD Review Procedures • 7-30: Roads, Driveways and Parking • 7-50: Public Services and Utilities • 7-70: Subdivisions *Compliance with the Conceptual Subdivision Resolution of approval. Review By: P&Z and BOCC (2 readings). Public Hearing? YES, at BOCC. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Public Hearing pursuant to Sec. 2-20-1 00(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice at least 30 days prior to the Public Hearing (by first class mail) to all property owners within 300' and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the Public Hearing. Staff Will Refer Application To: Aspen Fire, County Attorney's Office (Richard Neiley), Pitkin County Open Space (Gary Tennenbaum), Aspen Oaks HOA, Buttermilk Metropolitan District. FEES: $7,579 (make check payable to "Pitkin County Treasurer") • $7,150 Planning Office flat fee: (non-refundable; based on 22 hours of staff time; if staff review time exceeds 26.4 hours, the Applicant will be charged for additional time above 22 hours at a rate of $325/hour) • $375 Clerk fee • $54 Publication Fee To apply, submit the Fee specified above and 5 copies of each of the following documents (unless otherwise specified): 1. Letter of request, addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; 2. Detailed Subdivision and Final Plat requirements as specified in Section 2.6.2 and 2.6.3 of the Pitkin County Land Use Application Manual; 3. 24" by 36" and and 11" by 17" Final Plat; 4. Draft Improvements Agreement 5. Will serve letters from utility companies 6. Consent from the owner of the property for the representative to process the application and represent the owner (1 copy); 7. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application (1 copy). 8. Street address and parcel description, rncluding legal description, and 8-1/2"x 11" vicinity map locating the subject property within Pltkin County; 9. Proof of adequate legal access to the property (1 copy); 10. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (1 copy) (form attached); 11. List of property owners within 300' and mineral estate owners (1 copy); and 12. This Pre-Application Conference Summary Sheet (1 copy). NOTES: • PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPL/CATION. THE PARCEL ID # SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPL/CATION. • ALL MAPS SHALL BE FOLDED. • This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. • Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2-20-100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. EXHIBIT j ~ GILLESPIE LAW OFFICES, LLC~ATTORNEYS AND COUNSELORS A -~,..~-- Riverview Plaz.a, 100 Elk Run Drive, Suite 129, Basalt, Colorado 8162 1 Phone: 970.927.6549 / Fax; 970.927.6568 / Email: gillespielawoffices@gmailcom January 25, 2018 Pitkin County Community Development (Temporary Location) 130 S. Galena St. 123 EmmaRd 3rd.Floor Suite 106 Aspe~ co 81611 Basalt, CO 81621 RE: 501 W. Buttermilk Rd., Aspen, CO 81611 CERTIFICATE OF o,VNERSHIP Dear Pitkin County PJaoniog Staff: By way of introduction, I am an attorney licensed by the State of Colorado to practice law and my office represents The Bryan and Emily Kello Family Trust in regards to the development application on the above stated property ( ..Subject Property"). The legal description is lengthy and is attached as Exhibit A. The Subject Property is subject to the following matters of record that are attached as Exhibit B. For your convenience, a copy ofthe vesting deed confirming ownership of the Subject Property is also attached. Please note that the deed to the property was changed from 501 Buttermilk, LLC to the Family Trust and recorded on November 27, 2017 as Reception No. 643337. The principals of the LLC and the Trust remain the same. This letter shall further confirm that the owner of the Subject Property, The Bryan and Emily Kelln Family Trust, has the right and authority to file and pursue land use applications, variance requests and other requests with Pitkin County with respect to the Subject Property. Cc: Bryan and Emily Kelln Family Trust, M.Haas Encl. EXHIBIT A Legal Description A TRACT OF LAND LOCATED IN GOVERNMENT LOTS 17, 18, 19, 20 AND 21, SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY 1 COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST¼ CORNER OF SAID SECTION 3 FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 3 BEARS NORTH 03°54'00" EAST 2636.04 FEET; THENCE SOUTH 59'38'25" WEST 2118.48 FEET TO A REBAR AND CAP PLS #27936 AT THE SOUTHWEST CORNER OF BURLINGAME RANCH SUBDIVISION AS RECORDED AT THE PITKIN COUNTY CLERK AND RECORDER IN BOOK SO AT PAGE 88 AS RECEPTION NO. 43402 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 26°53'31" WEST 1216.83 FEET ALONG THE SOUTHWESTERLY LINE OF SAID BURLINGAME RANCH SUBDIVISION TO A REBAR AND CAP, PLS #27936; THENCE NORTH 38°07'00" WEST 1444.05 FEET ALONG THE SOUTHWESTERLY LINE OF SAID BURLINGAME RANCH SUBDIVISION TO A REBAR AND CAP, PLS #27936; THENCE NORTH 07°10'10" WEST 1491.15 FEET ALONG THE SOUTHWESTERLY LINE OF SAID BURLINGAME RANCH SUBDIVISION TO A REBAR AND CAP, PLS #27936 AT THE NORTH LINE OF THE NW¼ OF SAID SECTION 3; THENCE SOUTH 89°59'33" WEST 445.94 FEET ALONG THE NORTH LINE OF THE NW¼ OF SAID SECTION 3 TO A REBAR AND CAP, PLS #20151, AT THE EAST LINE OF EAST OWL CREEK P.U.D. 1 AS RECORDED AT PITKIN COUNTY CLERK AND RECORDER IN BOOK 22 AT PAGE 82; THENCE SOUTH 00°05'32" WEST 1079.61 FEET ALONG SAID EAST LINE OF SAID EAST OWL CREEK P.U.D. TO A REBAR AND CAP, PLS #20151; THENCE SOUTH 06°22'05" EAST 234.57 FEET ALONG THE EASTERLY LINE OF SAID EAST OWL CREEK P.U.D. TO A REBAR AND CAP, PLS #29030 AT THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 74°04'42" EAST 13.17 FEET TO A REBAR AND CAP, PLS #29030 AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 18; THENCE SOUTH 45°20'05" EAST 1846.67 FEET TO THE CENTER OF SAID SECTION 3 FROM WHICH A REBAR AND CAP, PLS #27936 BEARS SOUTH 01° WEST A DISTANCE OF 14.7 FEET; THENCE SOUTH 00°36'14" WEST 1096.95 FEET ALONG THE WEST LINE OF THE SE¼ OF SAID SECTION 3 TO A REBAR AND CAP, PLS #27936 TO THE NORTHERLY LINE EXTENDED WESTERLY OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 225 AT PAGE 154; THENCE NORTH 88°39'00" EAST 63.02 FEET ALONG SAID NORTHERLY LINE EXTENDED WESTERLY AND ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 225 AT PAGE 154; THENCE SOUTH 89"56'00" EAST 244.00 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 225 AT PAGE 154 TO A REBAR AND CAP, PLS #27936; THENCE NORTH 88°20'00" EAST 298.14 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 225 AT PAGE 154; THENCE NORTH 89°41'00" EAST 130.00 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 225 AT PAGE 154 TO THE TRUE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. EXHIBITB 1. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 17, 1923, IN BOOK 55 AT PAGE 571. 2. RIGHT OF WAY FOR DITCHES OR CANALS AND ALL URANIUM, THORIUM OR ANY MATERIAL WHICH IS OR MAY BE DETERMINED TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS, WHETHER OR NOT OF COMMERCIAL VALUE, TOGETHER WITH THE RIGHT OF THE UNITED STATES THROUGH ITS AUTHORIZED AGENTS OR REPRESENTATIVES AT ANY TIME TO ENTER UPON THE LAND TO PROSPECT FOR AND REMOVE THE SAME AS RESERVED IN UNITED STATES PATENT CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 19, 1953 IN BOOK 180 AT PAGE 187. 3. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THEE DETERMINATION OF HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, REGARDING THE BURLINGAME/WEST BUTTERMILK 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION AND RIDGELINE REVIEW, (DETERMINATION NO. 99-30), RECORDED DECEMBER 30, 1999, AS RECEPTION NO. 439078, AND DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, REGARDING THE BURLINGAME/WEST BUTTER MILK 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION AND RIDGELINE REVIEW (DETERMINATION NO. 99-30) RECORDED FEBRUARY 7, 2000 AS RECEPTION NO. 440200, AND ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, AMENDING A CONDITION OF APPROVAL OF HEARING OFFICER DETERMINATION NO. 99-30, DETERMINATION NO. 18-2000, DATED MAY 1, 2000 AND RECORDED MAY 1, 2000 AS RECEPTION NO. 442899 AND ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO AMENDING A CONDITION OF APPROVAL OF HEARING OFFICER DETERMINATION NO. 99-30, DETERMINATION NO. 3-2001 RECORDED FEBRUARY 2, 2001 AS RECEPTION NO. 451184. 4. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE RESOLUTION OF THE BOARD OF COUNTY COM MISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING SPECIAL REVIEW AND GMQS EXEMPTION APPROVAL TO THE BURLINGAME/WEST BUTTERMILK EMPLOYEE DWELLING UNIT, RESOLUTION NO. 2000-006 RECORDED FEBRUARY 24, 2000 AS RECEPTION NO. 440832 5. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE GRANT OF AVIGATION EASEMENT AGREEMENT BY AND BETWEEN THE CITY OF ASPEN AND PITKIN COUNTY AS SET FORTH IN INSTRUMENT DATED MAY 10, 2000 AND RECORDED MAY 11, 2000 AS RECEPTION NO. 443206 6. TERMS, CONDITIONS, PROVISIONS OF AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ACCEPTING THE GRANT OF AVlGATION AGREEMENT FROM THE CITY OF ASPEN ORDINANCE NO. 020-2000 RECORDED MAY 11, 2000 AT RECEPTION NO. 443207. 7. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF BURLINGAME RANCH - WEST BUTTERMILK 37 ACRE PARCEL RECORDED MAY 03, 1999 IN BOOK 49 AT PAGE 75. 8. ANY AND ALL NOTES, EASEMENTS AND RECITALS AS DISCLOSED ON THE RECORDED 1041 HAZARD REVIEW SITE PLAN RECORDED OCTOBER 8, 2015 IN PLAT BOOK 53 AT PAGE 44. 9. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO APPROVING A MINOR AMENDMENT TO A DEVELOPMENT PERMIT FOR THE CITY OF ASPEN FOR THE BURLINGAME/WEST BUTTERMILK PARCEL, ADMINISTRATIVE DECISION NO. 42- 2002 DATED AUGUST 26, 2002 AND RECORDED AUGUST 30, 2002 AS RECEPTION NO. 471729. IO. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE TRENCH, CONDUIT AND VAULT AGREEMENT DATED NOVEMBER 2, 2004 AND RECORDED NOVEMBER 05, 2004 AT RECEPTION NO. 503882. 11. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE HOLY CROSS ENERGY UNDERGROUND RIGHT OF WAY EASEMENT DATED SEPTEMBER 27, 2004 AND RECORDED NOVEMBER OS, 2004 AT RECEPTION NO. 503887. 12. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE ORDER OF INCLUSION DATED APRIL 19, 2006 AND RECORDED JUNE 26, 2006 AT RECEPTION NO. 525656. 13. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE BUTTERMILK BASIN LLC MINOR AMENDMENT TO A EVELOPMENT PERMIT TO CONVERTTHE APPROVED EMPLOYEE DWELLING UNIT ADMINISTRATIVE DECISION NO. 58-2005 RECORDED JUNE 16, 2005 AT RECEPTION NO. 511305, RE-RECORDED JULY 1, 2005 AS RECEPTION NO. 511888 AND OCCUPANCY DEED RESTRICTION AND AGREEMENT FOR A CARETAKER DWELLING UNIT APPROVED PURSUANT TO SECTION 3-150.130 OR THE PITKIN COUNTY LAND USE CODE BY AND BETWEEN BUTTERMILK BASIN, LLC AND THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY DATED OCTOBER 12, 2005 AND RECORDED OCTOBER 21, 2005 AS RECEPTION NO. 516551 AND MODIFICATION OF OCCUPANCY DEED RESTRICTION AND AGREEMENT FOR CARETAKER DWELLING UNIT APPROVED PURSUANT TO SECTION 3-150.130 OF THE PITKIN COUNTY LAND USE CODE DATED MARCH 1, 2008 ANO RECORDED MARCH 27, 2008 AS RECEPTION NO. 547842. 14. TERMS, CONDITION, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY, COLORADO FORWARDING THE 2009 RURAL AREA AND URBAN GROWTH BOUNDARY RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM SCORES FOR NEW LOTS/PARCELS TO THE BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. PZ-6-2009 RECORDED FEBRUARY 04, 2010 AT RECEPTION NO. 566775. 15. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO DENYING THE BUTTERMILK BASIN LLC (WILLIAMS) APPEAL OF PLANNING AND ZONING COMMISSION RESOLUTION NO. 6·2009 BOCC RESOLUTION NO. 069·2010 RECORDED JUNE 28, 2010 AS RECEPTION NO. 571097. 16. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE JUDGMENT AND DECREE QUIETING TITLE RECORDED JULY 08, 2011 AT RECEPTION NO. 581099. 17. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO RECORDED JANUARY 31, 2017 AT RECEPTION NO. 635794. 18. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY, COLORADO, RESOLUTION NO. PZ·8·2017 RECORDED DECEMBER 07, 2017 AT RECEPTION NO. 643667. 19. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, RESOLUTION NO. 050·2017 RECORDED DECEMBER 07, 2017 AT RECEPTION NO. 643668. 20. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ORDINANCE NO. 030·2017 RECORDED DECEMBER 07, 2017 AT RECEPTION NO. 643669. 21. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, RESOLUTION NO. 069-2017 RECORDED DECEMBER 07, 2017 AT RECEPTION NO. 643672. RECEPTION#: 643337, R: $18,00, D: $0.00, 11/27/2017 at 03:04:58 PM, Pgs 1 of 2, Janice K. Vos Caudill, Pitkin County, CO SPECIAL WARRANT¥ DEED THIS DEED is dated November 2.o , 2017 and is made between 501 Bldtnmilk, ~ a Colorado limited liability company, the "Grantor", whose mailing address is 20152 Pacific Coast Hwy, Malibu,. CA 90265 and Tht! Bryan and Emily Kelln Fa111ilJ' Trust "Grantee'\ whose address is 501 W. Buttermilk Road, Basalt, CO 81611. WITNESS, that the Gran.tor, for and in consideration of the sum of Ten Dollars and 00/100, ($10.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the Cotmty of Pitkin and State of Colorado, described as follows: See Attached Exhibit A also known by street address as: 501 W. Buttermilk Road, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor. either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant and agree that the Grantor shall and will WARRANT TIIB TITLE AND DEFEND the above described premises, but not a,w adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or ~rsons cl~the whole or any part thereof, by, through or under the Grantor except and subject to: 18) none; or U the following matters: IN WITNESS WHEREOF. the Grantor bas executed this deed on the date set forth above. 501 Buttermilk, LLC a Colorado liDlited liability company By: Bryan L. Kelln, Manager STATE OF COLO!lAf)O ) 0 . ' ) ss. County of ~ J .J. IL 1 .,.__ ) -ti.- The forpgoing instrument was acknowledged before me this ·z o dayof 1\JaJ liv\ bl/' 2017, by Bryan L. Kelln and Emily J. Kelln. Witness my hand and o ~,." ·--·- .. /, / My commission expires··1 ~J~ia~YPA..~L /( ,1 S!~to of Colorado --ff-----"=--;:;;;,&-..------:, t" 018 :Y 1ptt2008403391No ·Public ,,/_ My Corr.n,;ssron Expires 10-16-2020 l,',._,a._. No.16. Rev.10-09. SPECIAL WARRANTY DEED (Pagel of2) RECEPTION#: 643337, 11/27/2017 at 03:04:56 PM, Pgs 2 of 2, Janice K. Vos Caudill, Pitkin County, co EXHIBIT A A TRACT OF LAND LOCATED IN GOVERNMENT LOTS 17, 18, 19, 20 AND 21, SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST¼ CORNER OF SAID SECTION 3 FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 3 BEARS NORTH 03°54'00" EAST 2636.04 FEET; THENCE SOUTH 59'38'25" WEST 2118.48 FEET TO A REBAR AND CAP PLS #27936 AT THE SOUTHWEST CORNER OF BURLINGAME RANCH SUBDIVISION AS RECORDED AT THE PITKIN COUNTY CLERK AND RECORDER IN BOOK 50 AT PAGE 88 AS RECEPTION NO. 43402 AND THE TRUE POINT OF BEGTNNlNG; THENCE NORTH 26°53 13 l 11 WEST 1216.83 FEET ALONG THE SOUTHWESTERLY LINE OF SAID BURLINGAME RANCH SUBDIVISION TO A REBAR AND CAP, PLS #27936; THENCE NORTH 38°07100' WEST 1444.05 FEET ALONG THE SOUTHWESTERLY LINE OF SAID BURLINGAME RANCH SUBDIVISION TO A REBAR AND CAP, PLS #27936; THENCE NORTH 07°10'10' WEST 1491.15 FEET ALONG THE SOUTHWESTERLY LINE OF SAID BURLINGAME RANCH SUBDIVISION TO A REBAR AND CAP, PLS #27936 AT THE NORTH LINE OF THE NW¼ OF SAID SECTION 3; THENCE SOUTH 89°59'33' WEST 445.94 FEET ALONG THE NORTH LINE OF THE NW ¼ OF SAID SECTION 3 TO A REBAR AND CAP, PLS #20151, AT THE EAST LINE OF EAST OWL CREEK P.U.D., AS RECORDED AT PITKIN COUNTY CLERK AND RECORDER IN BOOK 22 AT PAGE 82; THENCE SOUTH 00°05'32" WEST 1079.61 FEET ALONG SAID EAST LINE OF SAID EAST OWL CREEK P.U.D. TO A REBAR AND CAP, PLS #20151; THENCE SOUTH 06°22'05" EAST 234.57 FEET ALONG THE EASTERLY LINE OF SAID EAST OWL CREEK P.U.D. TO A REBAR AND CAP, PLS #29030 AT THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 74°04'42" EAST 13.17 FEET TO A REBAR AND CAP, PLS #29030 AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 18; THENCE SOUTH 45°20'05" EAST 1846.67 FEET TO THE CENTER OF SAID SECTION 3 FROM WHICH A REBAR AND CAP, PLS #27936 BEARS SOUTH 01° WEST A DISTANCE OF 14.7 FEET; THENCE SOUTH 00°36'14" WEST 1096.95 FEET ALONG THE WEST LINE OF THE SE ¼ OF SAID SECTION 3 TO A REBAR AND CAP, PLS #2 7936 TO THE NORTHERLY LINE EXTENDED WESTERLY OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 225 AT PAGE 154; THENCE NORTH 88°39'00" EAST 63.02 FEET ALONG SAID NORTHERLY LINE EXTENDED WESTERLY AND ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 225 AT PAGE 154; THENCE SOUTH 89°56'00" EAST 244.00 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 225 AT PAGE 154 TO A REBAR AND CAP, PLS #27936; THENCE NORTH 88°20'00" EAST 298.14 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 225 AT PAGE 154; THENCE NORTH 89°41'00" EAST 13o".oo FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED TN SAID BOOK 225 AT PAGE 154 TO THE TRUE POINT OF BEGINNING. COUNTY OF PITKIN, ST ATE OF COLORADO Name and Address of Person Creating Newly Created Legal Description (§38-35-106.5, C.R.S.) No. 16, Rev.10-09, SPECIAL WARRANT\' DEED (Page 2 of2) EX~ BIT j ~ Pitkin County Community Development Dept. 130 S. Galena Street Aspen, CO 81611-1975 RE: Skybeam Ranch Subdivision Detailed Submission/Final Plat (501 W. Buttermilk Road, PID# 2735-031-00-001) To whom it may concern: As owner of the property at 501 West Buttermilk Road (PID 273503100001), I hereby authorize Haas Land Plam1ing, LLC (HLP) to act as designated and authorized representative for the approvals captioned above. HLP is authorized to submit an application for the approvals listed above and any incidental approvals associated therewith. HLP is also authorized to represent us in meetings with Pitkin County staff, the Hearing Officer, the Planning and Zoning I Cmmnission, and the Board of County Commissioners. ~ Should you ~ave any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included in the application. Yours truly, 501 W. Buttermilk Road Aspen, CO 81611 EXHIBIT 111111111111111111111111111111111111111111111111111111111111111111111 I RECEPTION#: 643672, R: $0,00, D: $0.00 't DOC CODE: RESOLUTION Pg 1 of 9, 12/07/2017 at 02:57:02 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMlSSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE SKYBEAM SUBDJVISION CONCEPTUAL SUBMJSSION, ACTIVITY ENVJt:L.OPE REVIEW, AND PLANNF.D UNIT DEVELOPMENT (PUD) Re.~olu(ion No, ol,1-2017 RF.CJTALS I. Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Ruic Charter ("HRC") official action by fonnal resolution shall be required for all actions of the Board not requiring ordinance power on matters of significant importance alTecting citizens. 2. 501 Buttermilk LLC (hereafter "Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCCn) requesting to subdivide a 37 acre metes and bounds parcel into two (2) lots. Lot I contains an existing single family residence of approximately 7,000 square feet of floor arcn. ·111e newly proJ>Osed l.ot 2 will not conform to the minimum lot size in the AR-IO Zone District therefore, the Applicant requests Planned Unit Development (PUD) approval to vary the minimum lot size und re1.0ne with a PUD designation. 3. The subject property is located al 50 I West Buttcnnilk and is legally descrihcd in Attachment A. 4. The lot is zoned AR-10 and contains 37 acres, and is located within the Aspen Urban Urowth Aoundary. 5. The BOCC Hpproved rezoning the subject property with a PUD overlay, pursuant to Ordinancl! No. ()30 -2017. 6. The BOCC granted a Growth Management allotment of I 0, 750 square feet of gross floor area for a single family residence on the newly subdivided lot (1.ot 2), pursuant to Resolution No.Q.jQ_-2017. Subsequent to this allocation, the Applicant has volw1tarily reduced this amount to a maximum l,f7,750 square feet uf gross floor area which is enumernted in conditions outlined bdow. 7. The Pitkin County Planning llfld Zoning Commission considered the proposed application at regularly nd scheduled meetings on December 13. 2016 and May 2 • 2017 and recommended approval by a vote of 4-0. 8. The BOCC considered the proposed application on first reading ot a duly noticed public hearing on July th 12 , 20 l 7, continued first reading on September 13, 2017, and continued first reading on September 27 1\ 201 7. The request was heard on second reading al a puhlic meeting on October I Id,, 2017. 1). The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County Land I Jse Code as follows: A. The Activity Envelope avoids all slopes in excess of 30%. 8. The wildfire hazard is rated as "moderate", and can be mi1iga1ed. C. The l•t does not contain mapped wildlife habitat areas protected by the Land Use Code. D. The Subdivision/PlJD is consistent with lht: Aspen Area Community Plan and the scale of surrounding development. E. The proposed Subuivi.sion/PUD provides areas for com mon usable L)pen space and preserves more open lane.ls in their natural state than would be required by the underlying 7.0nc district. RECEPTION#: 643672, 12/07/2017 at 02:57:02 PM, Pgs 2 of 9, Janice K. Vos Caudill, Pitkin County, CO Re.rnhitfon .No/J,1 -2017 Page2 F, The proposed Subdivision/PUD will not result in significant adverse impacts \1ll adjaccn! properties, or the natural environment. The Applicant has com milled lo allocate a portion of the Onnr area 1o a :.ubgrade basement space and apply height restrictions to the new lot. U. No road improvements will be required as a result of the sulx!ivision. Current infrastructure exists to serve !he new lot and has the capacit}' to serve the lot. l 0. The DOCC finds that it is in the best interests of 1he citizens of Pitkin County to approve lhis Resolution. NOW, TUEREFORE 1 BE IT RESOLVED by the Board of County Commissioners of Pitkin County. Coloradu lhat ii hereby approves the 50 l Buttermifk I .LC (Skybeam) Subdivisioit1PUD Conceptual Submission and Activity Envelope, subject to the following conditions, which shall run with the land and be binding on all successors in interest, and aurJ1orizcs the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to fonn, execute any other assrn.:iated documents ncccssiH)' lo complete this matter: l) Prior to submission of any building or development pennit applications for Lot 2, the Applicant shall attain Site Plan approval. Approval of !his i.uodivision docs not cn~urc approval of a Site Plan. At Site Plan Review, the Applicant shall demonstrate compliance with St::ction 7-20-l 20(d), Scenic View Protection Standards. The future residence shall not obstruct a ridgeline from any designated Scenic Corridor. 2) The Applicant may combine the Subdivision Dctaikd Submission and Final Plat in one application. 3) ht detailcdlfinal plat submission, a .. Pl/O Guide'' shMll be d.rnfte 4) Prior to detailed and final plat submission, the Applicant shall meet with Open Space and Trails to discus~ the 26.6 acre open space conSl!rvalion easement dedication and trail easement dedication. The Apr,licant shall also designate a 3rd party beneficiary for the open spai.:e conservation casement. Potential Joi party dcsignee~ im:lude but are not limited to the Aspen Valley Land Trust. the City of Aspen, and the Naturn Conservancy. The Applicant shall submit a draft conservation easement and trail easement which shall he reviewed as1d preliminarily appn>vt:d by OST and any beneficiarie~. OOCC approval of lhc casement.~ is required by Ordinarn.:c. These ~sements 5hall be executed and recorded concurrent with recordation of the Final Plat. Depictions of these easements shall also be shown on the Final Plat, if approved. 5) Prior tn construction of the potential trail across l ,ot I and during the planning phase for the trail, the Aspen Oaks HOr\ shall be nolified in writing hy Pitkin County O~n Spm.:i: and Trails of all trail planning meetings. Pitkin County Open Space and Trails shall consult Colorado Parks and Wildlife and all beneficiaries of the conservation casement during the planning phase for the potential trail. 6) With detailed and final plat submission, the Applicant shall submit draft covenants memorializing the commitments made: in the GMQS portion of the application. These covenants shall be rcvieweti and approved by the Community Development Director and recorded concummt with the final plat, if approved, RECEPTION#: 643672, 12/07/2017 at 02:57:02 PM, Pgs 3 of 9, Janice K. Vos Caudill, Pitkin County, CO Res(l/uliv11No.OJ!L-1017 P(,lg1: 3 7) Lot 1 and 1.nl 2 shall no( be further subdivided. 8) Gross floor area for Lot 2 sh,111 not exceed 7,750 square feet. Above grade floor area ls limited 10 5 ,7.50 square feet, inclusive of garages and/or other outbuildings. A maximum of 2,000 S<]Uan: feet of floor area is limited to below grnde ba~ement space as defined below: • Below grade spaces are located below both the natural and finished grades. If any part of the below~grade space is exposed above natural or finished grade (such as walk-out basement, walls or courts) the entire below-grade area shall be included in the above grade floor area calculations. • Below grade spaces arc accessed only by stairway or elevator from the story directly above, or through a door from a garage adjacent 10 the below-grade area. • Bdow grade spaces are no greater than t\venty (20) feet ln depth and no more than a single story. For purposes of this definition, .;story" shall mean that portion of a building included between the upper surface of a floor and the upper surface of the floor above. • Uelow grade spaces do not contain doors to the exterior of the structure. • Below-grade bedrooms are allowed no more thllt\ one (I) egress window per bedroom. Below grade spaces that contain no bedrooms arc allowed only one egress window. When below grade egress is achieved through one or more below grade bedrooms, no additional egress shall be provided. Egress window well size shall not exceed the minimum allowed b; the International Bui!ding Codc/lntcmationa! Residential Code. • Habitable below-grade 1,pacu~ may be provided with aggregate glazing area of not more than eight (8) percent of the habi!abl~ area of the room. ""Habitable'· shall mean a space in a building for living, ~leeping, eating or cooking. Unfmishcd basements shall be considered hahitat,Jc spaces. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar area.~ shall not be con~i 9) The ridge of the ro()f of the future residence on Lot 2 shall not be constmcted any higher than the 8,095' elevation line. Compliance with this rcqulrcmcnt shall be demonstrnted and verified at Site Plan Review by a surveyor registered in the State of Colorado. I 0) Prior to building pennit issuance for I,ot 2, the applicanl shflll abandon the existing well in accordance with all State of Colorado requirements. I I) If Final Plat approval is granted, the Applicant shall submit for rei:ordation a Final Plat in accordance with the Pitkin County I .and Use Appli1:ation Manu.:11. The Applicant also submit for recordation an Activity E1Jvclopc for Loi 2 in acwrdance with the Pitkin County Land Use Application Manual. 12) The Applicant shall comply with the recommendations outlii1ed in the Pitkin County Ccnified Wildfire Expert report (Attachment 8) and shall consider these rncommendations conditions of this appro1,al, including the following: RECEPTION#: 643672, 12/07/2017 at 02:57:02 PM, Pgs 4 of 9, Janice K. Vos Caudill, Pitkin County, CO Reso/11tion .l\'o.bjj_-2011 Pagc4 A. The Applicant shall comply with all requirements of the Aspen Fire Protection nistrict. 8. The future residence on Lot 2 shall be sprinklered. 13) TI1c Applicant shall comply with the follo.,... ing measures to mitigate impacts to wildlife: A. Na live vegetation shall be maintained outside of 1he activity en"elope. R. C,1ntraclors/conslruction workers shall be required to provide bear proof containers for all edible and food related tmsh. C. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the County's Wildlife Protection Ordinance. Verification of compliartce shall be provided prior to issuance of a certificate of occupancy. 0, All fencing shall be wildlife friendly with the exception of dog kennels. E. Wood rail pi:rimeter fencing shaJI employ three rails or less, be the round or split rail type, shall nut exceed 54 inches in height above ground level and 12 inches in width (top view), und shall haw al least 18 inches between the lower two rails. F. Wire fencing must be three (3) strands or less. The top wire should be a twelve-point-five (12.5) gauge twisted barbless type at a ma,cimurn height of forty-two (42) inches. The middle strandi; (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. G. All non-confonning fencing on the property must be brought into comrliance. l l. No fruit-bearing trees and shrubs in any landscaping. I. Construction workers 11rc prohibited frorn bringing rheir dogs on site. J. All outside doors on all buildings shall utilize only solid wund handled dour knobs, unless another type is required by the applicable Building Cade for di~hlcd aeccssibilily purposes. K. At building permit submittal, the Applicant shall submit for rcvic..., and approval by the Community Development Oirector a thistle reduction plan. l4) No development including grading, excavalion. fill placcmcnl bcrming, landsctiping, vegetation removal or disturbance, we([ or septic system shall occur outside of the approved Activity Em1elope, except as necessary to comply with the wildfire mitigation measures described above. 15) Prior lo commencement of any earthmoving or other cm1slruction acli1ri1y, the Applicant shall stake rhe comers of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 16) No development in excesi; of JU" above or below natural grade shall ~,ccur within lhc sclbacks of the lot, with the e;1,.ception of driveways and associated retaining walls ofup 10 6' above or below natur.il grade and fencing. Landscaping in the form of berms shall not exceed four foci from the most restrictive grade. Any development located within setbacks mandated hy County 7.oning regulations that does not comply with these restrictions shall require a variance from the Roard of Adjustment, Approv,11 of an activity envelope ,....-ithin such setbacks docs not os!>ure approvar of a \'ariancc. 17) No calculations for height, bulk_ selback. si7.e, floor area, or any other builtling and 7.oning requirements have been conducted. These rcquiremcnls will be considered at the time of building pemiit. Any structures represented in th!! application may not be pennined under building.and zoning regulations. l 8) Failure to comply witl1 the conditions of this approval ma}' result in re\'Ocation of this approval, or any subsequent permit(s) or apprnval(s) related to this properly. or vest~tl rights associated with this property. RECEPTION#: 643672, 12/07/2017 at 02:57:02 PM, Pgs 5 of 9, Janice K. Vos Caudill, Pitkin County, co R11solutfrm Nu. 1/.1/-WI 7 Page5 NOTICE or, PUBLIC IIEARrNG AND TITLE AND SHORT SUMMARY OF THE RESOLUTJON PUBLISHED IN THE ASPEN TIMES WEEKLY ON 1 1.JNE gni, 2017. NOTl~E Of PUBLIC HEARfNG AND THE FULL TEXT OF THE Rl-{SOLUTION POSTED ON THE OFf'ICIALfITKfN COUNTY WEBSITE (?,lV,w.pitkincounty.com) ON THE ~ ti.>.. DAY OF GWt w 2017. fNTRODUCED AND FIRST READ AT A PUHUC HEARING ON THE 12TH DAY OF JULY, 2017, CONTINUED 1sr READING ON SEPTEMBER 13r11 , 2017, AND CONTINUED l sr READING ON SEPTEMBER 27111, 2017. ADOPTED AFTER FINAL READlNG ON THE 11 th DAY OF OCTOBER 2017. PUBLJSHED BY 'l'ITI.E AND ~HORT SUM~RY, AFTER ADOPTION. IN THE ASPEN TIMES WEEKLY ON THE J,3/tJ... DAY OF ~1,,,.( , 2017. . . POSTED BY TITLE AND SHORT SUMMARY ON THE OFFlCh\\L PITKIN COUNTY WEBSITE (www.pilldncountv.com) ON THE Jvk DAY OF t:/..e.LeitJb!r 2017. A'JTF.Sf BOARD OF COUNTY COMMISSIONERS ·"\ I L../ ✓ -: Hy~ ,f"-<-~. iJ P ~ !1· ~Ii .\JJvi.J,,:~~,\_..--.. ' J ~ / ~ George Newman, Chair Date:/),_ / 6/ f~ ··· . / r J APPROVF.D AS TO FORM: APPROVED is TO CONTENT: P067•16 PID 27350310000 l RECEPTION#: 643672, 12/07/2017 at 02:57:02 PM, Pgs 6 of 9, Janice K. Vos Caudill, Pitkin County, co lksolulion No.OJ.1_.2017 PaP,t! 6 Attachment A legal Descriplion A TRACT OF LAND LOCATE::D IN GOVERNME:NT LOTS 17, 18, 19, 20AND 21, SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, DESCRfBED AS FOLLOWS: COMMENCING AT THE EAST¼ CORNER OF SAID SECTION 3 FROM WHICH THE NORTH EAST CORNER OF SAID SECTION 3 BEARS NORTH 03•54•00- EAST 2636.04 FEET; THENCE SOUTH 59'38'25" WE.ST 2118.48 FEET TO A REBAR AND CAP PLS JJ.27936 AT THE SOUTl-!WEST CORNER OF BURLINGAME RANCH SUBDlVJS1ONAf3 RECORDED AT THE PITKJN COUNTY CLERK AND RECORDER IN BOOK 50 AT PAGE 88 AS RECEPTION NO. 43402 AND THE TRUE POINT OF BEG INNING; THENCE NORTH 26°53'31" WEST 1216.83 FEET ALONG THE SOUTHWESTERLY LINE OF SAID BURLINGAME RANCH SUBPMSION TO A REBAR AND CAP, PLS #'27936; THENCE NORTH 38'07'00'WEST 1444.05 FEET ALONG TH~ SOUTHWESTERLY LINE OF SAID BURLINGAME RANCH SUBDIVISION TO A REBAR ANO CAP, PLS #27936; THENCE NORTH 07"10'10' WEST 1491.15 FEET ALONG THE SOUTHWESTERLY LINE OF SAID BURLINGAME RANCH SUBDIVISION TO A REBAR AND CAP. PLS #27936 AT THE NORTH LINE OF THE NW 'A OF SAID SECTION 3; THENCE SOUTH a9•59'3a• WEST 445.94 FEET ALONG THE NORTH LINE OF THE t,N,J ¼ OF SAID SECTION 3 TO A REBAR AND CAP, PLS 1'20151, AT THE EAST LINE OF EAST OWL CREEK P.U.D., AS RECORDED AT PITKIN COUNTY CLERK AND RECORDER IN BOOK 22 AT PAGE 82; THENCE SOUTH 00°05'32" WEST 1079.61 FEET ALONG SAID EAST LINE OI= SAID EAST OWL CREEK P.U.D. TO A REBAR AND CAP, PLS #20151; THENCE SOUTH 06"22'05" EAST 234.57 FEET ALONG THE EASTERLY LINE OF SAID EAST OWL CR EEK P.U.O. TO A RF.SAR AND CAP, PLS -1129030AT THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 74"04'42" EAST 13.17 FEET TO A REBAR ANO ~ PLS #29030AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 18; THENCE SOVfH 45°20'05~ EAST 1846.67 FEET TO THE CENTER OF SAID SECTION 3 FROM WHICH A REBAR ANO CAP, PLS /t27935 BEARS SOUTH 01" WEST A DISTANCE OF 14.7 FEET; THENCE SOUTH 00"36"14" WEST 1096.95 FEET ALONG THE WEST LINE OF THE SE 1/4 OF SAi D SECTION 3 TO A REBAR AND CAP, PLS 1127936 TO THE NORTHERLY LINE EXTENDED WESTERLY OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 225 AT PAGE 154; THENCE NORTH 88939'00" EAST 63.02 FEET ALONG SAID NORTHERLY LINE EXTENDED WESTERLY AND ALONG THE NORTHERLY LINE OF THAT TRAC-:- OF LANO AS. DESCRIBED IN SAID BOOK 225 AT PAGE154: . THENCE SOUTH 89"56'00'' EAST 244.00 FEET ALONG TI-JE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 225 AT PAGE 154 TO A REBAR AND CAP, PLS 1127936; THEN CE NORTf-1 88"20'00" EAST 298.14 FEET ALONG 'THE NORTHERLY l.lNf-" OF Tl IAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 225 AT PAGE 154; THENCE NOOTH 89"4100" EAST 130.00 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 225 AT PAGE 154 10 THE TRUE POINT OF BEGINNII\IG. COUNTY OF PITKIN. STATE OF COI.ORAOO. RECEPTION#: 643672, 12/07/2017 at 02:57:02 PM, Pgs 7 of 9, Janice K. Vos Caudill, Pitkin County, CO . · ATTACHMl:-NT 6 · ~ ()'\OLSSON® ~---- -. ASSOCIAlES August 31 2016 Haas Land Planning, LLC 420 East Main Street, Suite B-1 O Aspen, Colorado 81611 RE: WIidfire Hazard Review for Activity Envelope, 501 West Buttennllk Road Dear Mr. Haas, I visited the property at501 West Buttermilk Road in Pitkin County on July 27, 2016 with Mr, Philip Ring, the property owner's development consultant Mr. Ring requested a review of existing conditions of potential Wildfire hazards for compliance with the Land Use Code for establishment of an Activity Envelope. The proposed Activity Envelope would be located south and west of the e>dstlng residence. The proposed sita is considered •Moderate Hazard" due to slopes averaging 7% and patchy shrub fuels. To !he west of the proposed ActMly Envelope, the bench slopes upward and is densely vegetated with shrub species and brush. The following mltlgaUons are recommended for new construction. I. Defenslble Spaee As during development of a new home, mos! of the vegetation within at least 15 feet of the home site will likely be removed. Re-planting of vegetation must adhere to the foflowlng: 1. Brush, debris, and non-ornamental (i.e., non-irrigated} vegetation shall be removed within a minimum 15-foot perimeter around the home. · 2, No coniferous shrubs or hlghly flammable shrubs (e.g., sticky laurel [Caanothus valutinusD may be pf anted within 20 feel of the home, No shrubs of any species may be planted within 10 feet of the home; only grasses and forbs may be planted within 1o feel of the home. Any planted shrubs wlthln 20 feet of Iha home should be irrigated during the summer and fall to keep five fueJ moistures high. 3. Vegetation shaU be reduced to break up the vertical and horizontal continuity of the shrubby fuels for a minimum 60-foot perimeter around the structure. Spacing between clumps of understory brush and vegetation within the 60-foot perimeter shall be at least 3 times the height of the fual, with lhe goal of removing approximately 30 to 50% of the shrubby fuels. This over../ot thinning may be done in an aeslhelically pleasing manner so as to not create a visual disruption. Mature aspen trees do not need to be thinned. Low branches on remaining shrubs should be pruned lo a height of appro>clmate/y 6 feet. 4. No new coniferous trBBs may be pf anted wrthin 20 feet of the house, and no trees of any species may be within 15 feet of a window. 5. There $hould be no branches that extend over the roof eaves, and all branches within 15 feel of chimneys shall be removed. 760 Horizon Drive, Suite 102 Grand JuncUon, CO 81500 970.263. 7600 00008(r RECEPTION#: 643672, 12/07/2017 at 02:57:02 PM, Pgs 8 of 9, Janice K. Vos Caudill, Pitkin County, co Haas Land Planning 501 W. Buttermllk Wildfire Hazard Review A1.1gusl !2, 2016 6. All deadfaJI or dead limbs around the home, out to 100 feet or the lot line (whichever is closer}, shall be removed, 7. No flammable mulches shall be praced within 2 feet of the residence, 8. The property owner shall be responslble for the continued maintenance oflhe above llsted vegetation requirements. It.Access 1. All und1;m1tory bftlsh shall be thinned and cut to the surface of the ground within 20 feet of ei!her side of the driveway. Ill. Water Supply for Fire Safety 1. Toe home would be approximately 300 feet from an existing hydrant. 2. Any fire department-recommendaHon for Individual strucrure water supply and storage shall be accessible to fire department vehldes from the elCterior of the structure through a fire department-approved mechanism. JV. Roofing Materials, Roofing Vents, and Projections at and Below Roof Line a) Roofln; Materials 1. A Class A roof as defined by the currently adopted building code is required. 2. All roof coverings shall have a surface that shall facllilate the natural process of cf earing roof debris. 3, No wood shakes or shingles. b) Roof Venting 1. Soffit venting shall be located in the outer third portion of the overhang (which may not be appllcable for this home). 2. Atlia, soffit, and ofher roof venting shall be of non-corrosive metal mesh with maximum 114-inch openings. c) ProJactfons at the Rooftlne, including Sofflts, Rafters, Porch or Deck Roofs, Fascias, or Other: 1. One hour rated material or any material underlain by 5/8-inch Type X gypboard or equal; or, 2. Type IV Heavy Timber materials, per the currently adopted building code. d) Decks, Decking, Cantilevered Ffoors, or Other Projections Below the Roofline: 1. Construction with noncombustible or one (1) hour rated material, or material wilh flame spread of less than 25 (tested to ASTM E84 and nsted tor exterior use); or, 2. Conventionally framed deck with waterpf'oof surface and underside protected with 5/8-inch Type X gypboard or equal (decking as above); or, 3. Type IV Heavy limber materials: joist and beams (minimum 6 inches x 10 inches), ooumns (minimum 8 inches x 8 inches), decking (minimum 4 inches in depth), or decking described under d)1 above, or equivalent log construction. Olsson Assoc/ales 2 01.)(_,(',~ RECEPTION#: 643672, 12/07/2017 at 02:57:02 PM, Pgs 9 of 9, Janice K. Vos Caudill, Pitkin County, CO Haas Land Planning 501 W. Buttermilk Wildllre Hazard Review August 2, 2016 V. Maintenance and MisceHaneoua Requfrements 1. Roofs and gutters shaN be kept clear of debris. 2. Yards shall be kept clear of all litter, slash, and nammabfe debris. 4. AU flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. 5. Weeds and grasses within the 10-foot perimeter shalt be maintained to a height of not more 1han 8 inches. 6. Firewood/wood piles shall be slacked on a parallel contour a minimum of 15 feet away from the structure. 7. Non-salt water swimming pools and ponds, if any, shall be acoesslble by 1he locaJ fire district. 8, Fences shaQ be kept dear of brush and debris. 9. Wood fenCM shall not connect to other structures. 1O. Fuel tanke shall be lnstaled underground within an approved container. 11. Each structure shall have a minimum of one 10-pound ABC fire extinguisher. 12. Addre$$88 shall be clearly marked with 2•inch non-combustible letters and shaU be visible at the primary point of access from the public or common access road and Installed on a non--combustibl& surface. · The standards stated In 7-20-«> Wildfire Hazards, have been slightly modified for the conditions at this property. While no home is truly "tire proor, these recommendations are provided to improve defensibility of a home In the event of a wildfire. These recommendations are provided as minimum standards for defensibility, and long-term maintenance offuel conditions would be necessary and under the responsibfllty of the homeowner to ensure defensibility. Thank you for this opportunity lo comment on this property, and please feel free to email if you have any questions. Sincerefy, Eric Petterson Olsson Associates Olsson Associates 3 000088 RECEPTION#: 635794, 01/31/2017 at 10:47:39 AM, 1 OF 2, R $0.00 Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD Oll" COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORAUO, ALLOCATrNG 2016 URBAN GROWTH BOUNDARY RESIDENTIAL GMQS ALLQTMENTS FOR NEW LOTS AND PARCELS Resolution Nol1b3-2017 RECITALS 1. On December 13, 2016, the Planning and Zoning Commission ("Commission'') held a duly noticed public hearing at which time evidence and testimony was presented with respect to Urban Growth Boundary growth management applications. 2. The C•mmission reviewe-d. the following applications for the 2016 Urban Gro\\1h Boundary Residential GMQS competition for new lots and parcels: • Doremus: Requesting 5,750 i,quare feet of gross floor area for a single family" residence 011 a new lot. The Applicant is also requesting Subdivision Conceptual Submission and Activity Envelope approval. The property is located at 85 Glen Garry Drive and is de,qcribed as Block 1, Lot 15 of the Aspen Highlands Subdivision, plus the Baldwin Tract. • 501 Bnttermilk,LLC: Requesting 10,750 square feet of floor area for a single family residence on a new lot. The Applicant is also requesttng Subdivision Conceptual Submission and Activity Envelope approvaJ. The property is located at 50 I West Buttermilk Road and is legally described as a tract of land located in Government Lots 17, 18, 19, 20, and 21 in Section 3, Township 10 south, Ranch 85 West of the 6th P.M. 3. There are 23,000 square feet available in the Urban Growth Boundary for t~e 2016 residential GMQS competition for new lots and parcels. 4. The Commission gave the Doremus application a score of i 6 points, which exceeds the threshold of 13 points: therefore, the lot is eligible for the requested development allotment., 5. The Commission continued the 501 Buttcnnilk LLC application to January 3"1, 2017. 6, Pursuant to Section 2-40-40(c) of the Land Use Code, the Commission;s scores for tho Doremus application were forwarded by resolution to the Boa.rd of County Commissioners ("BOCC") at a regular meeting on December 21, 2016. 7. No appeals to 1he scoring have been filed within the required time frame. NOW, THEREFORE BE IT RESOLVED by the BOCC that it does hereby allocate 5,750 square feet of gross floor area to Lot 2 of the Doremus Subdivision as a result ofthe 20 I 6 Urban Growth !3oundary Residential GMQS competition for new lots and parcels. This allocation is conditioned upon recordation of a covenant documenting the representations made in the nppHcation for the additional square footage. This covenant shall be reviewed and approved by the.Community Development Department and recorded against the property, prior to issuance of a building pennil to utilLl:e the awarded Door area. RECEPTION#: 635794, 01/31/2017 at 10:47:39 AM, 2 OF 2, Janice K. Vos Caudill, Pitkin County, CO Re.roJ111ion No.~/J3 -2017 Puge2 APPROVED AND ADOPTED ON THE 1t th DAY of ,JANUARY, 2017, BOARD OF COUNTY COMMISSIONERS OF P, TKlN COUNT , COLORADO ATTEST: .... _ .,. APPROVED AS TO FORM: APPROVED AS TO CONTENT: ~~jneff- Community Development Director P066-16 273514201007 AN ORDINANCE OF THE BOARD OJ! COUNTY COMMISSIONERS OF PlTKIN COUNTY, COLORADO, REZONING THE 501 BUTTERMil,K LLC PROPERTY WITH A PLANNED UNIT DF.VF,I.,OPMF.NT (Plll)) OVERLAY ORDINANCF. NO. 030 -2017 RECITALS: 1. Pursuant to 30-35-301 C.R.S., the Board of County Commissioners (''BOCC") of Home Rule Counties is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon su;h counties by law and as seems necessary. 2. Pursuant to Section 2.8.1 of the Home Rule Charter ("HRC"), the BOCC is authori7.ed to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statues as amended. 3. SO I Buttermilk LLC (hereafter "Applicant") has applied to the Board of County Commissioner.; of Pitkin County, Colorado ("BOCC") to rewne the pmperty with a Planned I Jnil J)cvclopment {PUD) overlay. 4. The property is located at 501 West Buttermilk Road and is legally dl!'scribed in Exhibit A. A map of the property can be viewed as Exhibit B. Parcel ldentiflcation for the property is 273503 J 00001. 5. The property is currently zoned AR-l 0 and contains approximately 37 acres. 6. The Pitkin County Planning nnd Zoning Commission considered the proposed rc7.0ning at regular!)" scheduled meeting on December 13°1, 2016 and May 2nd, 2017 and recommended approval to the BOCC by a vote of 4-0. 7. The ROCC considered the proposed rezoning on first rcadin!; at a duly noticed public hearing on July I 2u·, 2017, continued first reading on September 131", 2017, and continued first reading on September 2Th, 2017. TI1e proposed rezontng was heard on second reading at a regular meeting on October t 1~., 2017. 8. The BOCC finds that the proposed land is eligible for the PUO overlay designation, pursuant to Sec. 3-70-JO(c) of the Land IJseCnde as it will protect desirable open space in the Urban J\rea and wil! preserve scenic quality. 9. The BOCC further finds that the rezoning is consistent with Secs. 2-30-40(i) and 2-41).. JO(cX2) of the Pitkin County Land Use Code. 10. The BOCC finds that adoption of this ordinance is in the bl!S\ interest or the citizens of Pitkin County. Illllll lllll lllJI IIJ!llllll lllll lllll llll II Illl 1111111111 rllll lllllll II llll RECEPTION#: 643669, R: $0.00, O: $0.00 DOC CODE: ORDINANCE Pg 1 of S, 12/07/2017 at 02:56:59 PM r Janice K. Vos Caudill, Pitkin County, CO RECEPTION#: 643669, 12/07/2017 at 02:56:59 PM, Pgs 2 of 5, Janice K. Vos Caudill, Pitkin County, CO Ordlnance No. D~O -1017 Pnga2 NOW, Tl IEREPORE, DE IT ORD Al NED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts an AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REZONING TH'E 501 BUTIERMil.K LLC PROPERTY WITH A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY and authorizes tile Chair or the Chair's design1:e to sign the Ordinance and upon the satisfaction of the County Attome)' as to fonn, execute any other associated documents necessary to complete this matter. RECEPTION#: 643669, 12/07/2017 at 02:56:59 PM, Pgs 3 of 5, Janice K. Vos Caudill, Pitkin County, co Ordinance No.~j~ -2/J/7 Page3 NOTICE or PUBLIC HEARING AND TrTLE AND SHORT -~,UMMARY 9f Fl-IE ORDINANCE PUBLISHED IN THE ASPEN TrMES WEEKLY ONTHEj~AY OF (JV/1\..(... 20l7. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDrNAN~E POSTED ON THF. OfplCI/\L PITKJN COUNTY WEBSITE (www.pitkincountv.com) ON THE~OAY OF 60n~ 2011. INTRODUCED AND FIRST Rf.AD AT A PUBLIC HEARING ON TI-IE 12ni DAY OF JULY, 2017, CONTINUED ISTREJ\DlNG ON SEPTEMBER 13TH, 2017, AND CONTINUED 1sr READING ON SEPTEMBER 2im, 2017, ADOPTED AFTER FINAL READING ONT.HE I 1'11 DAY OF OCTOBER 2017. PUBLISHJ;;D BY TIM AND SH~ARY. AFTER ADOPTION, IN THE ASPEN TJMP.S WEEKLYONTHE DAYOF r ,2017. POSTED RY TITLE AN[) SHOR'I:.~PMMARY (CFFICIAL PITKIN COUNTY WEBSITE (W\\-W.pitkincounl)'..com) ON THE?J°I'"_ DAY OF b:(y , 2017. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING Fl1\'AL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. APPROVED AS TO FORM: APPROVED AS TO CONTENT: ~/- c.ff 1:~-·~~ Houben, Co munity Development Director 1'067-16 27350310000 I RECEPTION#: 643669, 12/07/2017 at 02:56:59 PM, Pgs 4 of 5, Janice K. Vos Caudill, Pitkin County, CO Ordinance No. OiJI-20/7 Page4 Exhibit A Legul DeY A TRACT OF LANO LOCATED IN GO\IERm'ENT LOTS 17, 18.19, 20ANO 21, SECTION 3. TOWNSHIP 10 SOUTH, RAHCiE 85 Wl!ST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, DeSCRIUEO AS FOU.OWS: COMMENCING AT THE EAST l4 CORNER OF SA.10 SECTION 3 FROM WHICH TliE NORTI-IEAST CORNER OF S,t,10 SliCTION 3 BEARS N:mTH 03"54'00" EAST 2636.04 FEET: THENCE SOUTH 68'38'26• WEST 2118.4B FEET TOA REBAR ANO CAP PLS #279!6 AT THE SOUTHWEST CORNER OF BURLINGAME RANCH SUBOIVISION AS RECORDED AT THE Pm THENCE NORTH 2&•53'31" WEST 1218,83 FEET At.ONG 1HE SOUlHWESTERlV LINE OF SAID BURLINGAME RANCH SUBDIVISION TO AREBAA ANO CAP, Pl.S me1e; THENCE NORTH 38'07'00' WEST 1444.DS FEET ALONG THE SOUT'HWES'IERl.Y LINE OF SAID BURLINGAME RANCH SUBDMSION TOA REBAR AND CAP, P1.S #2193e: TtENCE NORni 07"10'10'W&$T 149Ll5 FEET ALOMG THE SOUTHW!:STERLY llr-E OF SAID BURUNGAME RANCH SUBOMSION TO A REBAR AND CAP. PlS #27936 AT THE NORTH LINE OF THS ~ W, OF SAID SECTION 3; TIENCE SOUTH srsn:r WEST 445.94 FcET "1.0NG THE NORTH UN£ OF THE PfN \4 OF SAJD SECTION 3 TOA REBAR AND CAP, Pl.$ #201!11, AT THE EAST UNE OF EAST OWL CREEK P.U.D., AS RECORDED AT PITICIN COUNTY CLERK AND RECORDER IN BOOK 22 AT PAGE 82; TtENCE SOUTH 00"05'32" WEST 1079.Bl FEET ALONG SAID EAST LINE OF SAID EAST <:NA. CREEK P,U ,0, TO A ROAR ANO CAP. PUH20151; THENCE SOOTH CJ6•Z2'05" EAST2:W,57 FEET Al.ONG THE EASTERLY LINE OF SAIO EAST OWL CREEK P.U.O. TO A REBAR AND CAP, P1.S ¥2'803DAT THE SOVTHEAST CORNER TI-EREOF; TI--IENC~ SOUTH 74"04"42" EAST 13.17 FEET TO A REBAR AND CAP. PU #m30AT THE SOL1fHEAST CORNER OF SAID GOVER~EHT LOT 18; TiiENCE SOUTH 45°20'05" EAST 1846.67 FEET TO 11ie CENTl:R OF SAID SECTION 3 FROM WHICH A REBAR ANO CAP, PlS #27931 BEARS SOUTH W WEST A DISTANCE OF 14.7 FEE"r, THENCE SOUTH ~38'14" WEST 109U!S FEET ALONG THE WEST UNe OF THE SE 'A OF SAi) SECTION 3 iO A REBAR AND CAP, PlS #27936 TO THE NORTHERLY LINE EXTENOEO WESTERLY OF THAT TRACT OF LAND AS DESCRIBED IN SAID 8QOK :Z~ AT PAGE 1611; THENCe NORTH 88"39'00" EAST 63.02 FEET ALONG SAID NORTH"ERLV LINE EXTENDED WESTERLY AND ALONG THE NORTHERL V UNE OF THAT mACT OF LANO AS OESCRIBEO IN SAID BOOK 22fi AT PAGE1S4~ THENCE SOUTH 89"56W E.ASl 2.U.00 FEET ALOHG THE NOffTHERLY UNE OF THAT TRACT OF LAND AS OESCRISEt> IN SAIC BOOK 22.5AT PACE 1$4 TOA SU.BAR AND CAP, PLS #27936; THENCE f,IORTH 88~0'00" EAST 298.14 FEET ALONG THE NOR"IHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN $AID POOK 225 AT PAGE 154; THENCE NORTH 89"41'00" E>.$T 130,00 A:ET ALONG THE NORTHERLY LINE OFTHAT~CT OF LANO AS DESCAISED IN SAIC BOOK 225 AT PAGE 1.54 TO THE TRUE POfNT OJ: BEGINNNG. COUNTY OF PfTKlN, STATE OJ: COLORADO. RECEPTION#: 643669, 12/07/2017 at 02:56:59 PM, Pgs 5 of 5, Janice K. Vos Caudill, Pitkin County, co Ordi11a11c1J No.rr10_~wf7 Puge5 Exhibit B Subject property highlighted in yeilaw Pitkin Maps & More - ....,_...,._ __....., .... ;;:,...... , .... ------.:. --.·-....,,,._111',..,. g,- ..... lMIII...... ,. 80 ::-re..- ... 0 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ALLOCATING 2017 URBAN AREA GMQS ALLOTMENTS FOR NEW LOTS Resolution No.{.)10-2017 REClTALS l. On May 2nd, 2017, the Planning and Zoning Cmnmission {"Commission"} held a duly noticed public hearing, at which lime evidence and testimony were presented with respect to Urban Area Growth Management applications, 2. The Commission reviewed the following application for the 2017 Urban Are-n GMQS competition for New Lots: • 501 Buttermilk LLC (Skybeam Subdivision): requests subdivision approval for creation of a new lot and allocation of a new development right with floor area of I 0, 7 50 square feet. The property is located at SOI West Buttennilk Road and is legally described in Attachment A. 3. The Commission found that the application scored 14 points. 4, This application meet,; the minimum threshold score of 13 points AND achieved the minimum threshold score for each scoring category, as required to be eligible for an aHotment. 5. Pursuant to Section 2-30-40 of the Code, the Commission's scores were forwarded by Resolution lo the Board of County Commissioners ("BOCC") on May I o•h• 2017, NOW, THEREFORE BE IT RESOLVED by the BOCC that it docs hereby allocate a total of 10,750 square foct ofAoor area to the 501 Buttermilk LLC (Sk)''bea.m Subdivision) application: I. This allocation is conditioned upon recordation of a covenant documenting the representations made in the application for the additional square footage. This covenant shall be reviewed m1d apprm·ed by the Community Development Uepartment and recorded against the property, prior to issuance of a building permit to utilize the awarded floor area. 2. 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 the Pitkin County Land Use Code§ 4-140 and C.R.S., § 24-68~105. The statutory vested rights granted herein shall expire on ""Jl,toe t ~ • 2020. 111111 Hiil lllll llll lllll lllll lllll II~ 11111111111111111111111111111111 RECEPTION#: 843668, R: $0.00, 0: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 12/07/2017 at 02:56:58 PM Janice K. Vos Caudill, Pitkin County, CO RECEPTION#: 643668, 12/07/2017 at 02:56:58 PM, Pgs 2 of 3, Janice K. Vos Caudill, Pitkin County, co Re.wlution Nu.05tl.-20/7 Paf.1.1!2 APPROVED AND ADOPTED ON THJ!: 14 11111' day oflnne, 2017. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TJMES WEEKLY ON IP.· 1<--/ - '} BOARD OF COUNTY COMM£SSIONF.RS OF P11'KIN COUNTY~COLORAOO (lJ i/' BY!··· J.J✓,~ I LV'-- George Newm , Cha 0are I ~16/r:f At>PROVEU AS TO FORM: APPROVED AS TO CONTENT: c:· ·-S-- ~Vl,ttf(fnc 4- John Ely, ci d Iouben, County Attomev Community Development Director ?- Case#: P067- I 6 PID":27350310000! RECEPTION#: 643668, 12/07/2017 at 02:56:58 PM, Pgs 3 of 3, Janice K. Vos Caudill, Pitkin County, co Re.ml11tiun No.Of~-2017 /'age 3 Attachment A Legal Description A TRACi OF LAND LOCATED IN GOVERNMENT LOTS 17, 19, 1.9, 20 AIID 21. SECTION 3, TOWNSHiP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIOIAN, PITKIN COUNTY, COLORADO, DESCRIBED AS Fa.LOWS: COMt,U~NCING AT THE EAST "4 CORNER OF SAID SECTION 3 FROM \'VHICH THe ~TI-1£1\$7 CORNER OF SAID SECTION 3 BEARS NORTli. 03"54'00" EAST 2636,.,_ FEE'r. THENCE SOUTH 59'38'25" WEST 2118.4B FEET TO A RE8AR AND CAP PLS #27836 AT THE SOVTJMIEST CORNER OF BURLINGAME RANCH SUBDM$k)N AS RECORDED AT THE PITKIN COUNTY C LERI( AND REC~DfR IN BOOK !lOA.T PAGE 88 AS RECEPTlON NO, 43402 AND Tl-IE TRUE POtNT OF l!'tEGlNNING; THENCE NORTH 26"53'31" 'M:ST 1216.83 FSET At.ONG THE SOl.JlliWESTERlY LINE OF SAID BURLINGAME RANCH SUSDIVISION TO A RWR ANO CAP, PLS #27936; THENCE NORTH :38"01'00'WEST 1444.05 FE.ET ALONG THE 5OUTHWESlERLY LINE OF SAID BURLINGAME! AANCH SUBDJVJSION TO A REBAR AN[) CAP, PlS #2N36; THENCE NORTH 07"10'10' WEST 1491.lS f!~eT ALONG THE SOUTHWESTERLY LINE OF SAID BURLINGAME RANCH SU80M$10N TO A REBAR AND CAP. PLS #27936 AT THE NORTH llNE OJ: THE NW ¾ OF SAID Sl:CTION 3: THENCE SOUTH B0"59'33' WEST 445.94 FE~T ALONG THE NORTH l.lNE OF THE. NW 1A Of SAI0 SECTION .1 TO A REBAR AND CAP, Pt.S M20151, Ar THE EAST LINE OF EAST OWL CREEK P,U,O., AS RECORDED AT PITKIN COUNTY CLERK AND RECORDER IN 800K 22AT AAGe 82; lHl:.NCE SOUTH 00"05'32" WEST 1079.61 FEET ALONG SAID f:AST LINE OF SAID EAST OWi. CREEIC P.U.O, TO A REBAR.AND CAP, PlS #20151; THENCE SOI.Jlli 00"22'0S' EA.ST 234.57 FEET ALONG THE EASTERLY LINE OF SAIO EAST OWL CREEK P,U.D. TO A REBAR AND CAP, PLS #29000 AT THE SOUTHEAST CORNER TI-IEREOF; THENCE SOUTH 74"04'42'" EAST U.17 FEETTOAREBAAAND CAP, Pl5 #29030,•,;r THE' SOUTHEAST CORNER OF SAID GOVERNMENT LOT 18; THENCE SOUTH 45°20'1'5" E,\ST 1846.67 FEET TO THE CENTER Of SAID SECTION 3 FROM WHICH A R~!!AA AND CAP, ?LS #27936 BEARS SOUTH or WEST A DISTANCE OF l.4. 7 FEET: THENC& SOUTH 00"36'14" WEST 1096,95 FEET ALONG THE WEST LINE OF'THE SE~ OF SAIC SECTION 3 TO A REBAR MID CAP, PLS #27936 TO THE NORTHERLY LINE EX'T£NDEO WESTERL\' OJ: THAT TRACT OF LANO A$ DESCRIBED IN SAID BOOK 225 AT PAGE 154; THENCf HORTH 88'39'00" EAST 63,02 FEET ALONG SAID NORTHERLY LINE EXTENDED WESTERLY AND ALONG THE NORTHERLY LINE 01= THAT TRACT OF LANO AS OESCR18EO IN SAID BOOK :i!25 AT PAGE154; THENCE SOUTH !39"56'00" !:AST 2'4.00 FEET ALONG TliE NORTHEhLY LINE OF THAT TRACT OF LANO AS DESCRIBED IN SAID 0001( 225 AT PACE 154 TO A Ra;BAR ANO CAP, PLS #27930; THENCE NORTH 88°20'00" EAST 298.14 FEET Al.ONG THE NORTHERLY LINE OF THAl TRACT OF LAND AS l:if:.SCRIBE.0 IN SAID BOOK 225 AT PAGE 154; THENCE NORTH S9"4l'OO'' EAST 130.00 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAib BOOK 22.5 AT PAGE 154 TO THI:: TRUE POINT OF BEGINNING, COUNTV OF PITKIN, STATE OF COLORADO. RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTYt COLORADO, FORWARDING THE 2017 URBAN AREA RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM SCORES FOR NI<:w LOTS TO THE BOARD OF COUNTY COMMISSIONERS Resolution No. PZ.. ___6_-2017 RECJTALS L On May 2nd, 2017, the Planning and Zoning Commission ("Commission'') held a duly noticed public hearing at which time evidence and testimony were presented with respect to Growth Management Quota System {GMQS) applications. 2. The Commission reviewed the following application for the 2017 Urban Area Residential GMQS c:ornpetitton for new lots: • 501 Buttermilk LLC (Skybcam Subdivision) (Ca.~ P067-17}: requests subdivision approval for creation of a new lot and allocation of a new development right with floor area of 10,750 square feet. 3. There is 23,000 square feet of floor area avatlablc in the Urban Area. The Applicant requested a total of J0,750 square feet of floor area. 4. The CornrnL~sion scored the application at 14 points which meets the minimum threshold of 13 point,; for an allocation. The application met the minimum !hn:.shold score of 13 points AND achieved the minimum threshold score for each scoring category, as required to be eligible for an allobnent. NOW, THEREFORE BE IT RESOLVED by the Commission that h hereby forniards the 2017 Urban Arca GMQS scores for new lots lo the Board of County Commissioners. APPROVED ON TITF. 2'"' day of May, 2017. 1111111 lllllll!ll lllll lllll lllll lllll llll II llll llllllllll lllll lllllllll \111 RECEPTION#: 643667, R: $0.00, D: $O.OO DOC CODE: RESOLUTION Pg 1 of 3, 12/07/2017 at 02:56:57 PM Janice K. Vos Caudill, Pitkin County, CO RECEPTION#: 643667, 12/07/2017 at 02:56:57 PM, Pgs 2 of 3, Janice K. Vos Caudill, Pitkin County, co Resolution No. Pl-B.-20 l 7 f',tge 2 PLANNING AND ZONING COMMISSJON OF PITKIN COUNTY, COLORADO ( . .. .· ..... Je~: C6y{lin, Chairman .Ji tf:rg 7 · II/ Z../ e_ tJI r:· Date Bonnie Shilcs, Administrative Assistant APPROVED AS TO FORM: APPROVED AS TO CONTl:-'.NT: Case#: P067-17. PIU#: 273503100001 RECEPTION#: 643667, 12/07/2017 at 02:56:57 PM, Pgs 3 of 3, Janice K. Vos Caudill, Pitkin County, CO Resolution No. Pz-.f!i.wn l'age3 Attachment A l.egal Description A TRACT OF LAND LOCATE:D IN GOVE:RNMENT L01'S 17, 18, 19, 20 AND 21, SE,CTION 8, TOWNSHIP 10 SOUTH, RANGE 85 WEST OFTHE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COJ..ORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST¼ CORNER OF SAID SECTIONS FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 3 BEARS NORTH 03'54'00" EAST 2636.04 FEET; THENCE SOUTH 59'38'25• WEST 2118..48 FEET TO A REBAR AND CAP PLS #27936 AT THE SOUTHWEST CORNER OF BURLINGAME RANCH SUBO)VISJON AS RECORDED AT THE PITKIN COUNTY CLERK AND RECORDER IN BOOK 50 AT PAGE 88 AS RECEPTION NO. 43402 AND THE TRUE POINT OF BEGINNING; THENCE: NORTH 26°53'31" WEST 1216.83 FEET ALONG THE SOUTHWESTERLY LINE OJ:: SAID BURLINGAME RANCH SUBDIVISION TO A REBAR AND CAP, PLS f/27936; THENCE NORTH ss•o7•00• WEST 1444.05 FEET ALONG THE SOUTHWESTERLY LINE OF SAID BURLINGAME RANCH SUBDIVISION ro A REBAR AND CAP, PLS #27936; THENCE NORTH 07"10'10' WEST 1491.15 FEET ALONG THF. SOUTHWESTERLY LINE OF SAID BURLINGAME RANCH SUBDIVISION TO A REBAR AND CAP, PLS #27936 AT THE NORTH LINE OF THE NW 1,/4 OF SAID SECTION 3; THENCE SOUTH 89"59'.'33' WEST 445,94 FEET ALONG THE NORTH LINE OF THE NW ¼ OF SAID SECTION 3 TOA REBAR AND CAP, PLS #20151, AT THE EAST LINE OF EAST OWL CREEK P.U.D., AS RECOADED AT PITKIN COUNTY CLERK AND RECORDER IN BOOK 22 AT PAGE 82; THENCE SOUTH 00"05'32' WEST 1079,61. FEET ALONG SAID EAST LINE Of SAID EAST OWL t,;Hl:1::.K P,U, l), TO A REBAR AND CAP, PLS #20151, THENCE SOUTH 06"22'05" EAST 234.!:i7 1=1:: ET ALONG THE EASTERLY LI NE OF SAID EAST OWL CREEK P.U.D. TOA REBAR AND CAP, PLS #29030ATTHESOUTlll:'.AST CORNER THEREOF; THENCE SOUTH 749 04'42" EAST 13.17 FEET TO A REElAR AND CAP, PLS #29030 AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 18; THENCE SOUTH 45•2o'Os~ EAST 1B46.67 FEET TO THE CENTER OF SAID SECTION 3 FROM WHICH A REBAR AND CAP, PLS 1t27936 BEARS SOI.ITH 01 • WEST A DISTANCE OF 14, 7 ~ THENCE SOUTH 00"36'14'' WEST 1096.95 FEET ALONG THE WEST LINE OF THE SE¼ OF SAID SECTION 3 TO AR EBAR AND CAP, PLS #27936 TO THE NORTHERLY LINE EXTENDED WESTERLY OF THATTRACT OF LAND AS DESCRIBED IN SAID BOOK 22SAT PAGE 154; THENCE NORTH BB"39'00" EAST 63.02 FEET ALONG SAID NORTHliRLV LINE EXTENDED WESTERLY ANO ALONG THE NORTHERLY LINE OF THAT TRAC7 OF LAND AS DESCRIBED IN SAID 1300K 225 AT PAGE154; THENCE SOUTH 89'"56'00" EAST 244.00 FE.ET ALONG THE NORTHERLY UNE OF THAT TRACT OF LAND AS DESCRIBED IN SAIC BOOK 225AT PAGE 154 TOA REBAR ANO CAP, PLS #27936; THENCE NORTH B8°20'00M EAST 298.14 FEET ALONG THE NORTHERI.Y UNE OF THAT TRACT OF LANO AS DESCRIBED IN SAID BOOK 225 AT PAGE 154; THE:NCE NORTH 89"41'00" EAST 130.00 FEET ALONG THE. NORTHERLY LINE OF THATTRAC'T OP LAND AS DESCRIBED IN SAID BOOK 225 AT PAGE 154 TO THE TRUE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. EXHIBIT l ------5 PUD GUIDE AND VESTED PROPERTY RIGHTS DEVELOPMENT AGREE FOR THE SKYBEAM RANCH SUBDIVISION THIS PUD GUIDE AND VESTED PROPERTY RIGHTS DEVELOPMENT AGREEMENT FOR THE SKYBEAM RANCH SUBDIVISION ("Agreement") is made and entered into to be effective as of the _ _ day of _____, 2018, by and between the B1yan and Emily Kelln Family Trust, whose address is 501 West Buttermilk Road, Aspen, CO 81611 ("Owner"); and THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ("BOCC"), as the governing body of Pitkin County, Colorado ("County"), whose address is 123 Emma Road, Suite 106, Basalt, Colorado 81621. RECITALS A. Owner is the sole owner in fee simple of the property (the "Property"), which is specifically described and depicted as Lots 1 and 2 of the Skybeam Ranch Subdivision Plat (the "Plat") recorded in Plat Book _ __ at Page ___ of the Pitkin County Clerk and Recorder's Office, consisting of approximately 37.08 acres of land more or less located in Pitkin County, State of Colorado. Individually, "Lot l" or "Lot 2," and collectively the "Property." B. Pursuant to BOCC Resolution No. 069-2017 ("Resolution 069-2017"), recorded in the Pitkin County Clerk and Recorder's Office ("Pitkin County Records") as Reception No. 643672, the BOCC granted approval of the Skybeam Ranch Subdivision Conceptual Submission, Activity Envelope Review (for Lot 2) and Planned Unit Development (PUD). In association with Resolution 069-2017: • The BOCC approved rezoning the Prope1ty with a PUD overlay, pursuant to Ordinance No. 030-2017 (1:ecorded as Reception No. 643669); and • The BOCC granted a Growth Management allotment of 10,750 square feet of gross floor area for a single-family residence on Lot 2 pursuant to BOCC Resolution No. 050-2017 (Reception No. 643668); subsequent to this allocation, Owner voluntarily reduced this amount to a maximum of 7,750 square feet of gross floor area with limitations, per Resolution 069-2017. D. Pursuant to BOCC Resolution No. __-2018 ("Resolution _ -2018"), recorded in the Pitkin County Records as Reception No. _ ___ , the BOCC granted approval of the Skybeam Ranch Subdivision Detailed Review and Final Plat. Resolution _ -2018, together with Resolution No. 069-2017, Ordinance No. 030-2017, Resolution No. 050- 2017, this Agreement and the Covenant in Association with The Pitkin County 2017 Urban Area Residential GMQS Allotment Awarded to Lot 2, Skybeam Subdivision/PUD comprise the "Approvals" for the Prope1ty. E. The purpose of this Agreement is to satisfy the requirements found in Resolution Nos. 069-2017 and __-2018 to provide a PUD Guide and Vested Property Rights Development Agreement for the Skybeam Ranch Subdivision in order to memorialize the Approvals. A separate Deed of Conservation Easement (the "Conservation Easement") is being entered by Owner and the BOCC and the City of Aspen ("COA"). In addition, a separate Covenant in Association with the Pitkin County 2017 Urban Area Residential Growth Management Quota System Allotment to Lot 2, Skybeam Ranch Subdivision ("GMQS Covenant») is being entered by the Owner and the BOCC. Further, the Skybeam Ranch Subdivision Plat ("Plat") has been recorded for the Property, which Plat satisfies the requirements of Section_ of Resolution __-2018. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual agreements herein contained, the parties hereto stipulate and agree as follows. A. Vested Prope1iy Rights Agreement. 1. Vested Rights. Pursuant to the Approvals, the BOCC granted and hereby confinns to the Owner vested property rights, which vested property tights shall run with the Property, for a period of_ years from the date of approval of BOCC Resolution No. _-2018, that is until ____., 20_, for and with respect to all of those development rights approved under the Approvals, all as the same may be amended or supplemented in writing from time to time. The Approvals (including this Agreement), all as may be amended or supplemented from time to time, between the parties, collectively granting and defining the final approvals for the Property constitute an approved "site-specific development plan" pursuant to § 24-68-101, et seq., C.R.S. ("the Vested Rights Statute"), and establish and extend vested property rights to develop the Property in the manner contemplated by the Approvals pursuant to the Vested Rights Statute until --~ 20 (the "Vesting Period Expiration Date"). In light of all relevant circumstances, including but not limited to the size of the development, economic cycles and market conditions and in light of the unique benefits granted to the community by the Owner, the Property is hereby vested through the Vesting Period Expiration Date against any changes in the County Land Use Code which may be contrary to or in conflict with the rights described in the Approvals. This Agreement shall be considered a "development agreement" as that term is used in §24-68-104, C.R.S, and shall include the right to develop and use the Property in the manner permitted under the Approvals. Except as permitted under the Vested Rights Statute (including, without limitation, Section 24-68-105), until the Vesting Period Expiration Date, no zoning or land use action by the County or action pursuant to an initiated measure that would alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the development or use of the Property as permitted pursuant to the Approvals shall apply to or be effective against the Property or the development thereof B. PUD Guide. I. PUD Guide. The Property is comprised of 37.08 acres and is within the AR-10 Zone District, which requires a minimum of 10 acres of Lot Area for each lot. Pursuant to the Approvals, the Property was subdivided into the two lots depicted on the Plat. Lot 1 is 31.74 acres and Lot 2 is 5.34 acres. The Property was rezoned with a PUD Overlay. Except as set -2- forth in this section below, the dimensional restrictions for the Property shall be the same as the dimensional restrictions set forth in the Pitkin County Land Use Code for the AR-10 zone district. a. The minimum Lot Area for Lot 2 shall be 5.33 acres. b. The gross floor area for Lot 2 shall not exceed 7,750 square feet. Above grade floor area for Lot 2 is limited to 5,750 square feet of countable floor area, inclusive of garages and/or outbuildings. The remaining 2,000 square feet of floor area is limited to below grade basement space, as defined in Resolution No. 067- 2017 (Reception No. 643672). c. The ridge of the roof on the future residence on Lot 2 shall not be constructed any higher than the 8,095-foot elevation line. 2. Uses. The Property is approved for all uses allowed in the AR-10 zone district. A portion of Lot 1 is subject to the Deed of Conservation Easement, Skybeam Ranch, Pitkin County entered between the Owner, as Grantor, and the BOCC and the City of Aspen, as co grantees entered simultaneous with this Agreement. The uses of the portion of the Property subject to the Deed of Conservation Easement are further limited as set forth in such Deed of Conservation Easement. 3. Site Plan Review. Prior to submission of an application for a building permit for a principal residence or other development permit applications for development on Lot 2, Owner is required to submit for approval an application for Site Plan Review, pursuant to Sections 2-30-20 and 7-10-50 of the County Land Use Code. C. No Subdivision Covenant. The Owner hereby restricts Lot 1 and Lot 2 in perpetuity against any future subdivision, partition, condominiumization, division or any other event that would create another lot, parcel, unit, or other division of land or interest out of the Property. This restriction shall not preclude or prohibit lot line adjustments. D. Miscellaneous. 1. Binding on Successors to Owner; Enforcement; Attorneys' Fees. This Agreement shall be a binding servitude, shall run with the land and shall be binding upon Owner, its successors, transferees, and assigns, in perpetuity, unless terminated by the terms of this Agreement or by voluntary relinquishment by the BOCC. It is explicitly agreed by the parties hereto that this Agreement shall be enforceable in the courts of the State of Colorado; and that in the event an action to enforce this Agreement is brought, that the party or parties which substantially prevail in any such enforcement action shall be entitled to recover from the non-prevailing party the full cost of such action (including reasonable attomeys' fees and costs). The paities may enforce the te1ms of this Agreement through actions for damages or injunctive relief or both. -3- 2. Exercise of Rights; and Right to Cure. Failure of either party to exercise any right or remedy granted under this Agreement shall not be a waiver of any breach of this Agreement or rights or remedies to enforce the Agreement; provided, however, after notice of a violation, if the County fails to enforce a provision of this Agreement for three years it waives its right to do so. In the event of any default under the provisions of this Agreement, the non-defaulting party shall, prior to the exercise of any right or remedy, give the party alleged to be in default written notice of such default together with right for a period of thirty days after receipt of such notice to cure said default. If an alleged default by its nature or because of weather is not capable of being cured within the time provided, the party alleged to be in default shall, provided such party is proceeding with all due diligence, have up to an additional sixty days to cure said default (or sixty days after weather permits cure). If a default is not cured within the time provided or any extension thereof, the non-defaulting party shall then and thereafter be free to pursue any right or remedy allowed by this Agreement or otherwise by law. 3. Notices. Any notice allowed or required by this Agreement shall be given by certified mail, return receipt requested, properly addressed and with postage fully prepaid, to the address of the County or the then-clll'rent Owner of the Property as shown in the records of the Pitkin County Assessor's Office at the time of the notice. All such notices shall be effective seven days following the date the notice was deposited in the U.S. Mail. 4. Severability. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invaliding the remaining provisions of such document. 5. Choice of Law. This Agreement and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. 6. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors, and assigns of the parties. 7. Section Headings. Paragraph or section headings within this Agreement are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. 8. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement and except as specifically provided herein. However, the paiiy for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 9. Gender and Number. Whenever the context so requires herein, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 10. Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be reasonably required to call'y out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith. 11. Modifications. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made by writings signed by both parties and recorded with the Pitkin County Records. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the day and year first written above. THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By______----~ Chairperson STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this _ day of ______. 2018, by ______as Chairperson of the Pitkin County Board of County Commissioners. Witness my hand and official seal. My commission expires: Notary Public [Owner Signature Page Follows] -5- IN WITNESS WHEREOF, the patties have executed this Agreement effective as of the day and year first written above. OWNER: THE BRYAN AND EMILY KELLN FAMILY TRUST By: ______Bryan Kelln, Trustee By: ______Emily Kelln, Trustee STATE OF ______., ) ss. COUNTY OF ______) The foregoing instrument was acknowledged before me this __ day of _____ 2018, by Bryan Kelln, as Trustee of the Bryan and Emily Kelln Family Trust. WITNESS my hand and official seal. My commission expires: ------~ Notary Public -6- STATE OF ______) ) SS, COUNTY OF ______) The foregoing instrument was acknowledged before me this __ day of _____ 2018, by Emily Kelln, as Trustee of the Bryan and Emily Kelln Family Trust. WITNESS my hand and official seal. My commission expires: ______ Notary Public -7- COVENANT IN ASSOCIATION WITH THE PITKIN COUNTY 2017 URBAN AREA RESIDENTIAL GROWTH MANAGEMENT QUOTA SYSTEM ALLOTMENT A WARDED TO LOT 2, SKYBEAM RANCH SUBDIVISION/PUD THIS COVENANT is made this __ day of ___~ 2018, by Bryan and Emily Kelln Family Trust (the "Owner"), whose address is 501 W. Buttermilk Road, Aspen, CO 81611, for the benefit of Pitkin County Board of County Commissioners (the "BOCC"), whose address is 123 Emma Road, Suite 106, Basalt, Colorado 81621. RECITALS: WHEREAS, the Owner owns celiain real prope1ty (the "Prope1ty") legally described as Skybeam Ranch Subdivision/PUD, County of Pitkin, State of Colorado, as shown on the Plat of Skybeam Ranch Subdivision/PUD (recorded in Plat Book _ at Page _ as Reception No. ---- of the Pitkin County Clerk and Recorder's Office ("Records") and hereinafter refened to as the "Plat"); and WHEREAS, on September 1, 2016, an application ("the Application") was submitted for a Growth Management Quota System (GMQS) allotment of 10,750 square feet of floor area for a single family residence and customaiy accesso1y structures on a newly created lot through the 2016 Urban Area Residential GMQS scoring and competition procedures for new lots and pmcels; and WHEREAS, the Planning and Zoning Commission of Pitkin County ("the Commission") awarded a score of 14 points to the application, which exceeded the minimum threshold total score and the minimum threshold score for each scoring categ01y; and WHEREAS, the Boai·d of County Commissioners (the "BOCC") of Pitkin County accepted the recommended scoring of the Commission and awmded an allotment of 10,750 squai·e feet of floor ai·ea for the new lot (Lot 2) (Resolution No. 050-2017, Reception No. 643668). Subsequent to this allocation, in association with the subdivision conceptual approval granted under BOCC Resolution No. 067-2017 (Reception No. 643672) the Applicant voluntarily reduced this allotment ammmt to a maximum of 7,750 square feet of floor mea, with above grade floor area limited to 5,750 squai·e feet and allowance for up to 2,000 squai·e feet of below grade space. NOW, THEREFORE, the residential squai·e footage allocation for Lot 2 of Skybeam Ranch Subdivision/PUD is conditioned upon, and no building permit to utilize the awarded squme footage shall be issued unless there is, compliance with the following covenants and conditions. 1.0 General 1.1 Gross floor area for Lot 2 shall not exceed 7,750 square feet. Above grade floor area is limited to 5,750 square feet, inclusive of garages and/or outbuildings. The remaining 2,000 square feet of floor area is limited to below grade basement space, as defined in Resolution No. 067-2017 (Reception No. 643672). 1.2 The ridge of the roof on the future residence on Lot 2 shall not be constructed any higher than the 8,095-foot elevation line. Compliance with this requirement shall be demonstrated and verified at Site Plan Review by a surveyor registered in the State of Colorado. 1.3 Lot 1 and Lot 2 shall not be further subdivided (this shall not preclude or prohibit lot line adjustments). 2.0 Impacts on Public and Private Facilities and Services - Transit and Trails Systems; and Achievement of Community Goals - Open Space Preservation 2.1 Simultaneous with the execution of this Covenant, Owner has granted an approximately 26.67-acre Deed of Conservation Easement to the BOCC and the City of Aspen. The approved Deed of Conservation Easement has been accepted by the BOCC by Ordinance No. _-2018, and recorded in the Records. The conservation easement area is depicted and described on the Plat. 2.2 Simultaneous with the execution of this Covenant, Owner has granted to the BOCC a trail easement across a portion of Lots 1 and 2 of the Sky beam Ranch Subdivision. The terms of the trail easement are defined in a separate easement agreement approved by the BOCC by Ordinance No. _-2018. Owner is not responsible for development of any trail(s). 3.0 Miscellaneous Commitments and Representations Made in Relation to GMQS Allotment 3.1 Previously disturbed acreage on Lot 1 that was left damaged during the previous owner's construction, largely in the area immediately adjacent to and east of the residence on Lot 1 shall be sufficiently revegetated with appropriate plant species so as to enhance and protect wildlife habitat. Sufficient completion of this revegetation eff01t shall be at Owner's discretion as this commitment was purely voluntary. 3 .2 Owner shall implement weed/thistle management measures over the entirety of the 3 7 acres of Lots 1 and 2, combined. 3.3 Owner shall cap and abandon the well on Lot 2 prior to development of said Lot. 3 .4 Swimming pools shall be prohibited on Lot 2. 3.5 Water-conserving plumbing fixtures shall be installed throughout the residence on Lot 2. 3.6 Lot 2 landscaping or xeriscaping shall be limited to installation of only vegetation that is considered drought-tolerant. 2 3.7 Owner shall donate to Pitkin County Open Space and Trails $35,000 to go toward trails development on Buttermilk Mountain (for the so-called "Lower Buttermilk Trail") to provide final links connecting Aspen to Sky Mountain Park and the Town of Snowmass Village (and vice versa). In the event that Owner is ready to apply for a building permit for development of a residence on Lot 2 of the Sky beam Ranch Subdivision and the development of the Buttermilk Mountain trails is still infeasible for any reason or said trails still lack all necessaiy permissions and entitlements to proceed with their development, the $35,000 donation will instead be provided to Pitkin County Open Space and Trails for their use in developing new trails and/or completing trail maintenance and improvements in the Sky Mountain Park area. 4.0 Recordation Once fully executed, this Covenant shall be recorded in the Records. 5.0 Notices Notices to the parties shall be sent by United States ce1tified mail to the address set forth below or to any other address, which the parties may substitute in writing. To the Owner: Bryan and Emily Kelln Family Trust 501 W. Buttermilk Road Aspen, CO 81611 To Pitldn County: County Manager 123 Emma Road, Suite 106 Basalt, Colorado 81621 With Copy To: Pitkin County Attorney 123 Emma Road, Suite 106 Basalt, Colorado 81621 6.0 Binding Effect The provisions of this Covenant shall nm with and constitute a burden on the Property and shall be binding on and inure to the benefit of the Owner and the County's successors, personal representatives, and assigns. 7.0 Amendment This Covenant may be altered or amended only by written instrument executed by the parties. 8.0 Severability 3 If any of the provisions of this Covenant are determined to be invalid, it shall not affect the remaining provisions hereof. 9.0 Enforcement Owner hereby agrees that in any adjudicated controversy concerning this Covenant, the prevailing party is entitled to its costs and reasonable attorney's fees. Failure to enforce this Covenant does not constitute a waiver of any rights to commence enforcement. APPROVED AS TO FORM: Cindy Houben, Community Development Director ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: ______Jeanette Jones ______, Chair Deputy Clerk and Recorder DATE: ------ STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this __ day of _____ 2018, by Jeanette Jones, as Deputy County Clerk of Pitkin County, Colorado. WI1NESS my hand and official seal. My commission expires: ______ Notary Public 4 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this __ day of ----~ 2018, by ______, as Chair of the Board of County Commissioners of Pitkin County, Colorado. WITNESS my hand and official seal. My commission expires: ______ Notary Public [Owner signatures on the following page; remainder of this page intentionally left blank] 5 OWNER: Bryan and Emily Kelln Family Tmst By: ______Bryan Kelln, Tmstee By: ______Emily Kelln, Tmstee STATE OF ----- ) )ss. COUNTY OF ------) The foregoing instrument was acknowledged before me this_ day of ______, 2018, by Bryan Kelln as Tmstee of the Bryan and Emily Kelln Family Trust, Owner of the Property. Witness my hand and official seal. My commission expires: Notary Public STATE OF ----- ) )ss. COUNTY OF _____ ) The foregoing instrument was aclmowledged before me this_ day of ______~ 2018, by Emily Kelln as Trnstee of the Bryan and Emily Kelln Family Trust, Owner of the Property. Witness my hand and official seal. My commission expires: Notary Public Skybeam Ranch GMQS Covenant 6 EXHIBIT 1: Recording requested by and return to: Pitkin County Board of County Commissioners 530 East Main Street Aspen, Colorado 8161 I DEED OF CONSERVATION EASEMENT SKYBEAM RANCH - PITKIN COUNTY THIS DEED OF CONSERVATION EASEMENT ("Deed") is granted effective as of the _ __ day of _____, 2018, by the Bryan and Emily Kelln Family Trust, whose address is 501 West Buttermilk Road, Aspen, CO 81611 ("Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ("BOCC"), a body corporate and politic, whose address is 123 Emma Road, Suite 106, Basalt, Colorado 81621 and ______("collectively, "Grantee"), for the purpose of forever conserving the open space character, agricultural productivity, wildlife habitat, and scenic qualities of the subject property. WITNESS THAT: Grantor is the sole owner in fee simple of the property (the "Property") which is specifi cally described and depicted as the "Conservation Easement" on the Skybeam Ranch Subdivi- sion Plat (the "Plat") recorded in Plat Book _ __ at Page ___ of the Pitkin County Clerk and Recorder's Office, consisting of approximately 26.67 acres of land more or less located in Pitkin County, State of Colorado. The Property is a portion of Lot 1 of Skybeam Ranch Subdivi sion, according to the Plat. In accordance with the United States Internal Revenue Code of 1986 ("IRC") and Treas ury Regulation l.170A-14(d)(4) regarding preservation of open space, the parties agree and acknowledge that the preservation of the Property will yield a significant public benefit and will add to the scenic and open space character of the landscape in Pitkin County. The Property qual ifies as open space because it will be preserved for the scenic enjoyment of the general public and is preserved pursuant to a clearly delineated governmental conservation policy. Conservation of the Properiy will further yield a significant public benefit. • Scenic Enjoyment. The Properiy lies within a mapped Scenic View Protection Area des ignated by Pitkin County, and adds to the scenic character of the local rural landscape in which it lies, and provides a degree of openness, contrast and variety to the overall land scape. Moreover, the Properiy is adjacent a 50-acre conservation easement known as the Burlingame Open Space. A portion of the Property is visually accessible to the general public from State Highway 82 and from West Buttermilk Road, which is open to and ac tively used by residents of Pitkin County and the State of Colorado, and from public lands and trails on and surrounding West Buttermilk, a popular recreational destination. The terms of the Easement do not permit future development on the Properiy that would inter fere with the essential scenic quality of the land. • Governmental Policies. Conservation of the Property is promoted by the following local and state governmental policies. The laws and regulations of the State of Colorado and the United States also support conservation of the Property relative to its scenic, wildlife habitat, agricultural heritage, educational and natural area values: o Local Policies: Conservation of the Property helps to maintain a valuable open space resource. Pitkin County addresses the need for protecting open space in its Home Rule Chatter, which contains the Open Space and Trails Program's ena bling legislation under Article XIII. Criteria for open space acquisitions include: (1) Areas within public scenic viewplanes; (2) Incorporating or protecting signifi cant wildlife habitat; (3) Protecting riparian or wetlands areas; and ( 4) protecting other public lands from the impacts of development. o Statewide Policies: The State of Colorado has recognized the importance of pri vate efforts toward the preservation of natural systems in the State by the enact ment of several section of Colorado Revised Statutes ("C.R.S.") (see below). The Prope1ty contains significant native sagebrush habitat, and as such its conserva tion is further promoted by the Colorado Division of Wildlife's Wildlife Conser vation Section Briefing Paper, dated March 3, 2005, "Needs for Habitat Protec tion of Colorado's Sagebrush Communities". • Significant Public Benefit. The Property is a unique part of a rural, agricultural, moun tainous area of Pitkin County, where there is a trend toward residential development in the near vicinity. The City of Aspen is only a short distance by road from the Property. There is a strong likelihood that development of the Property would contribute to degrada tion of the scenic and natural character of the area. Preservation of the Property will con tinue to provide an oppmtunity for the general public to appreciate its scenic values, and will increase the amount of conserved lands. Fmiher, Grantor has granted to the BOCC the right to construct and maintain a non-motorized, I 0-foot wide trail through the Proper ty for the public benefit. In accordance with the IRC and Treasury Regulation l. l 70A-14(d)(3) regarding the pro tection of a natural environmental system or habitat, preservation of the Property will provide significant relatively natural habitat in which wildlife, plant communities, or similar ecosystems normally live. • Relatively Natural Habitat. For the most part, the native plant communities on the Prop erty are in fair to excellent condition. The dominant plant communities on the Prope1ty can be described as a mosaic of the following: (I) mountain big sagebrush shrublands; and (2) Gambel oak dominated mixed montane shrubland. In many areas of the Property the shrubland associations consist of intergrades between adjacent types with dominance or co-dominance of Gambel oak or mountain big sagebrush. The interspersion of the vai·ied associations on the Prope1ty provides habitat for a relatively rich assemblage of wildlife species. Both mule deer and elk occur on the Prope1ty. • Open Space[§ 1.170A-14(d)(4)]. The Property qualifies as open space because it will be preserved for the scenic enjoyment of the general public and is pursuant to a clearly delin- eated governmental conservation policy. Conservation of the Property will fmther yield a significant public benefit. In accordance with the IRC and Treasury Regulation 1. l 70A- l 4(d)( 4 )(ii) regarding sce nic enjoyment, this Deed provides for the preservation of land for the scenic enjoyment of the public. Preservation of the Property is important to maintaining the scenic character of the local rural landscape. The Property is visually accessible to the general public traveling along Colora do State Highway 82 and West Buttermilk Road, as described above. The preceding three paragraphs concerning the open space character, wildlife habitat, and scenic qualities of the Prope1ty collectively represent the "Conservation Values" of the Property as such term is used throughout this Deed. These Conservation Values are of great importance to the Granter, the people of Pitkin Com1ty, and the people of the State of Colorado. A collection of baseline data on the Prope1ty and its resources (the "Baseline Documenta tion") shall be prepared as soon as practicable following conveyance of this Conservation Ease ment to Grantee. The Baseline Documentation shall be the property of and shall be deemed owned by the Grantee with a copy to be provided to the Granter. The Grantor hereby grants Grantee or Grantee's agent(s) access to the portions of the Property necessary in order to prepare the Baseline Documentation. The data and explanatory text, photographs and maps to be assem bled in the Base1ine Documentation is agreed by the patties hereto to provide an accurate repre sentation of the Property at the time of this grant, notwithstanding the fact that the Baseline Doc umentation will be prepared after the effective date of this grant, and the parties acknowledge that the Baseline Documentation will serve as an objective information baseline'for monitoring compliance with the terms of this Conservation Easement. Grantee shall bear the expense of the preparation of the Baseline Documentation. The patties agree that, in the event a controversy arises with respect to the nature and ex tent of the biological or physical condition of the Property, the parties shall not be foreclosed from utilizing all other relevant or material documents, surveys, reports, and other information to assist in the resolution of the controversy. The conservation purposes of this Deed 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 estab- lishment 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 pro tection of open land having wholesome environmental quality or life-sustaining ecological di versity, * * *." • The Colorado Wildlife and Parks and Outdoor Recreation statutes, Colorado Revised Statutes §33-1-101, et seq., which provide that "it is the policy of the state of Colora do that the wildlife and their environment are to be protected, preserved, enhanced, and man aged 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 and open space conforms with Policies 2-120 (Scenic Quality), 2-160 (Wildlife Man agement), 2-280 (Compatibility with Public Lands), and 2-290 (Access to Public Lands). • Colorado Revised Statutes §38-30.5-102, provides for the establishment of conserva tion 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, envi ronmental quality or life-sustaining ecological diversity." • The Colorado Wildlife and Parks and Outdoor Recreation statutes, Colorado Revised Statutes §33-1-101 and §33-10-101, which provide, respectively, that "it is the policy ofthe 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" and that "it is the policy of the state of Colorado that the natural, scenic, scientific, and outdoor recreation areas of this state are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and visitors of this state.'' • The Colorado Department of Transportation statutes, Colorado Revised Statutes §43-1-401, et seq., provide that the "preservation and enhancement of the natural and scenic beauty of this state" is a substantial state interest. • The Western Governors' Association Policy Resolution 08-21 suppo1ts "voluntary in centive based methods for preserving open space, maintaining land and water for agricultural and timber production, wildlife and other values." The Grantee is a "qualified conservation organization" as defined by the IRC, and accepts the responsibility of enforcing the terms of this Deed and upholding its conservation purposes forever. Grantor intends that the prope1ty interest conveyed by this Deed to Grantee be for the ex clusive purpose of assuring that, under Grantee's perpetual stewardship, the Conservation Values of the Property will be conserved and maintained forever, and that uses of the land that are in consistent with these Conservation Values or that would substantially diminish or impair the Conservation Values will be prevented or corrected. The parties agree, however, that non motorized trail uses and improvements on the Property are consistent with the conservation pur poses of this Deed. NOW, THEREFORE, for and in consideration of the facts recited above and of the mutu al covenants contained herein, and for other good and valuable consideration, the receipt and suf ficiency of which are hereby confessed and acknowledged, Grantor hereby grants and conveys to Grantees, and their assigns, a perpetual conservation easement in gross, pursuant to Section 3 8- 30.5-101, et seq., Colorado Revised Statutes, over, across and upon the Prope1iy, subject to the terms and conditions hereinafter set fmth (the "Conservation Easement"). Grantees hereby acknowledge, accept without reservation and agree to be bound by the terms and conditions of this Conservation Easement. 1. Purpose. It is the essential purpose of this Conservation Easement to preserve and protect, in perpetuity, the natural, ecological, wildlife habitat, open space, and scenic values (the Conservation Values) of the Property. To achieve this Purpose, Granter intends to convey this Deed of Conservation Easement to Grantee to ensure that the Conservation Values of Property will be preserved and protected forever. Subject to the purpose of this Easement, Granter and Grantee intend to permit only uses of the Property which do not substantially diminish or impair the Property's Conservation Values and to prevent any use of the Property that will substantially impair or interfere with protecting the Property's Conservation Values. It is the intent of the Granter to preserve the Property in its scenic, natural, historic and open space condition to pre serve the open space character, wildlife habitat, and scenic qualities of the Property. Notwith standing the foregoing, nothing herein shall prohibit Granter or the BOCC from developing a non-motorized, seasonal hiking and mountain biking recreational trail on, over or through the Property. 2. Rights of Grantee. To accomplish the purpose of this Deed the following rights are conveyed to Grantee by this Deed: A. To preserve and protect the Conservation Values of the Property; B. To enter upon the Property at reasonable times in order to monitor Gran tor's compliance with the terms of this Deed; provided that such entry shall be upon prior rea sonable notice to Granter, which shall typically be no less than forty-eight (48) hours' advance notice, and Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property; and C. To prevent any activity on or use of the Property that is inconsistent with the purpose of this Deed and to require the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 3. Permitted and Prohibited Uses. Granter shall not perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the covenants herein. Grantor hereby authorizes Grantee to enforce these covenants in the manner described below. However, unless otherwise specified, nothing in this Deed shall require Granter to take any action to restore the condition of the Property after any fire, change in climate, act of God or other event over which Granter had no control. Granter understands that nothing in this Deed relieves Granter of any obligation or restriction on the use of the Property imposed by law. A. Structures. The construction of any building or other structures, other than as specifically permitted under the terms of this Conservation Easement, is prohibited. B. Fences. Granter may, but shall not be obligated to replace, repair or im- prove existing fences on the Property and erect new fencing provided such new or replaced fenc ing is consistent with then-current Colorado Division of Wildlife ("CDOW") guidelines for fenc ing in a wildlife migration area and any applicable county regulations, so as to permit the move ment of wildlife across the Property. Any disturbance to the Property that results from such fence maintenance or construction shall be reseeded and restored to as close to its prior condition as possible. C. Subdivision. All partition, division, subdivision or de facto subdivision of title to the Property, whether by physical or legal process, is prohibited. The Property shall be conveyed only in its entirety. D. Development Rights. Grantor hereby grants to Grantee all development rights except as specifically reserved herein, and the patties agree that such rights are terminated and extinguished, and may not be used on m transferred off of the Property to any other prope1ty adjacent or otherwise. E. Conservation Practices. Grantor recognizes the importance of good re- source management and stewai·dship to maintain the Conservation Values for present and future generations. Grantor shall comply with and have responsibility for compliance of the Property with the Colorado Noxious Weed Act and any other governmental noxious weed control regula tions. F. Timber Harvesting. Trees may be cut to control insects and disease, to prevent personal injury and property damage, for firewood and for other domestic uses, includ ing construction of fences on the Property. G. Mining. The commercial mining or extraction of soil, sand, gravel, oil, natural gas, fuel, coal, or any other mineral substance owned by Granter as of the date of this Deed or later acquired by Granter, using any surface mining method is prohibited. H. Paving, Road & Trail Construction. No portion of the Property shall be paved or otherwise be covered with concrete, asphalt, or any other paving material. No addition al road shall be constmcted for access within the Prope1ty, for access to other adjacent proper ties, or for other purposes, except for any unpaved road or trail on or pe1mitted to hereafter be constructed on the Property. After reasonable notice to Grantee, any such road or trail permitted by this paragraph shall be constructed in a manner that does not substantially diminish or impair the Conservation Values of the Property. I. Trash. The dumping or accumulation of any kind of trash or refuse on the Property, other than farm-related trash and refuse produced on the Property, is strictly prohibited. However, this shall not prevent the storage of agricultural products and by-products on the Prop erty in accordance with all applicable government laws and regulations. J. Recreational Uses and Improvements. No recreational building, structure or improvement, other than seasonal, non-motorized hiking and mountain biking trails, shall be built on the Property, including but not limited to, athletic fields, golf courses or ranges, race tracks, airstrips, helicopter pads, or shooting ranges. Use of the Property for more than "de min imis" commercial recreation activity is prohibited. The te1m "de minimis" shall have the mean ing as set forth in § 2031 ( c)(8)(B), IRC, and the Treasury Regulations adopted pursuant thereto. Non-motorized recreational uses are permitted only if they are (i) not commercial; (ii) on a trail approved by the BOCC for non-motorized use; and (iii) conducted in a manner that would not substantially diminish the Conservation Values. K. Motorized Vehicles. Motorized vehicles may only be used for construction and maintenance of non-motorized hiking and biking trails and shall be used in a manner that does not substantially diminish or impair the Conservation Values of the Property. There shall be no off-road vehicle courses for snowmobiles, all-terrain vehicles, motorcycles, or other motor ized vehicles. Recreational use of motorized vehicles is prohibited. L. Commercial Usesffiunting. No industrial or commercial uses shall be al- lowed on the Property. Moreover, no hunting is allowed on the Property. M. Signage or Billboards. No commercial signs, billboards, awnings, or ad- vertisements shall be displayed or placed on the Property, except for any trail signs if a trail is constructed on the Property, "no trespassing" signs, and signs informing the public of the status of ownership. No signs shall materially adversely affect the Conservation Values of the Property. 4. Rights Retained by Grantor. As owners of the Property, Granter retains the right to perform any act not specifically prohibited or limited by this Deed. These ownership rights include, but are not limited to, the right to exclude any member of the public from trespassing on the Property and the right to sell or otherwise transfer the Property to anyone they choose. 5. Notice of Intention to Undertake Certain Permitted Actions. The purpose of re- quiring Granters to notify Grantee prior to undertaking certain permitted activities is to afford Grantee an opportunity to ensure that the activities in question are designed and carried out in a manner consistent with the purpose of this Deed. Whenever notice is required, Granters shall no tify Grantee in writing not less than thhty (30) days prior to the date Granters intend to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purpose of this Deed. 6. Grantee's Approval. Where Grantee's approval is required, Grantee shall grant or withhold its approval in writing within thirty (30) days of receipt of Grantor's written request therefor. Grantee's approval may be withheld only upon a reasonable determination by Grantee that the action as proposed would be inconsistent with the purpose of this Deed. Failure of Grantee to respond within the required thirty (30) days shall be deemed approval by Grantee. 7. Responsibilities of Granter and Grantee Not Affected. Other than as specified herein, this Deed is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any existing obligation of Granter as owner of the Prope1ty. Among other things, this shall apply to: A. Taxes. Granter shall continue to be solely responsible for payment of all taxes and assessments before delinquency levied against the Property by competent authority (collectively "taxes"). If Grantee is ever required to pay any taxes or assessments on its interest in the Property, Gran tor will reimburse Grantee for the same. B. Upkeep and Maintenance. Grantor shall continue to be solely responsible for the upkeep and maintenance of the Property, to the extent it may be required by law. Grantee shall have no obligation for the upkeep or maintenance of the Property. C. Liability and Indemnification. If Grantee is ever required to defend itself from claims or is required by a court to pay damages resulting from personal injury or property damage that occurs on the Property, Gran tor shall indemnify and reimburse Grantee for any such payment, as well as for reasonable attorney's fees and other expenses of defending itself, unless Grantee or any of their agents have committed a negligent or deliberate act that is determined by a court to be a cause of the injury or damage. In addition, Grantee may request Grantor to war rant that Grantee is and will continue to be an additional insured on Grantor1s liability insurance policy covering the Property. If so requested, Granter shall provide certificates of such insurance to Grantee upon reasonable request on an annual basis. 8. Enforcement. Grantee shall have the right to prevent and correct or require correc- tion of violations of the terms of this Deed. With reasonable advance notice to Granter ( except in the case of any ongoing or imminent violation, in which case such notice is not required), Grant ee may enter the Property for the purpose of inspecting for violations. If Grantee finds what it believes is a violation, Grantee may, at its discretion, take appropriate legal action. Upon discov ery of any such violation, the Grantee shall immediately notify Grantor in writing of the alleged violation. The Grantee shall give Granter sixty (60) days to correct the alleged violation before filing any legal action. When an ongoing or imminent violation is causing material damage to or could irreversibly diminish or impair the Conservation Values of the Property, Grantee may, at its discretion, take appropriate legal action. If the parties cannot resolve the violation themselves, the parties may mutually agree to an alternative method of dispute resolution, such as meditation. If a court with jurisdiction determines that a violation may exist or has occurred, Grantee may obtain an injunction, temporarily or permanently, in addition to such other relief as the court deems appropriate. A court may also issue an injunction requiring Grantor to restore the Proper ty to its condition prior to the violation. In any case where a court finds that a violation has oc curred, Grantor shall reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorneys' fees. Any failure by Grantee to discover a violation or forbearance by the Grantee to exercise their rights under this Deed in the event of any breach of any term of this Deed by Grantor shall not be deemed or construed to be a waiver by Grantee of such term of any subsequent breach of the same or any other term of this Deed or of any of Grantee's rights under this Deed. No delay or omission by the Grantee in the exercise of any right or remedy upon any breach by the Gran tor shall impair such right or remedy, or be construed as a waiver. The Grantor hereby waives any defense available to the Granter pursuant to Colorado Revised Statutes §38-41-119, or the defense of laches, estoppel, or prescription. 9. Access. No right of access to the general public to any portion of the Prope1ty is conveyed by this Deed nor shall such a right ever be construed to have been conveyed by this Deed, except in the event that Grantor and BOCC may hereafter mutually agree to the installa tion of a seasonal trail for non-motorized access across the Prope1ty. 10. Transfer of Easement; Requirement for Assignment or Enforcement. A. Transfer by Grantee. With the prior written consent of Grantor (which consent shall not be unreasonably withheld) Grantee shall have the right to transfer the easement created by this Deed and to assign its rights thereunder to any private nonprofit organization that, at the time of transfer, is a qualified organization under § l 70(h), IRC, and under Colorado Re vised Statutes §38-30.5-101, et seq., (a "Qualified Organization"), expressly agrees to assume the responsibility imposed on Grantee by this Deed and agrees that the conservation purposes of this Deed will continue to be can-ied out. Notwithstanding anything in this paragraph to the con trary, this Deed shall not be transfen-ed by Grantee to any governmental entity or public agency without the consent of the Grantor, which consent shall be in Grantor's sole discretion. If Grant ee desires to transfer this Deed to a Qualified Organization having similar purposes as Grantee, but Grantor refuses to approve the transfer, a court with jurisdiction shall transfer this Deed to another Qualified Organization having similar purposes and mission as Grantee and that agrees to assume the responsibility of enforcing this Deed, provided that Grantor receives notice of and an opportunity to paiticipate in the cmut proceeding. B. Transfer by Judicial Process. If the Grantee ever ceases to exist or is no longer a Qualified Organization, then the Deed shall be assigned to another Qualified Organiza tion having similar purposes that agrees to assume the responsibility imposed on Grantee by this Deed. If the Grantee is no longer monitoring and enforcing the terms of this Deed to preserve and protect the Conservation Values of the Property, then the Grantor may apply to a court with jurisdiction for such court to transfer this Deed to another Qualified Organization having similar purposes that agrees to assume the responsibility imposed on Grantee by this Deed, provided that Grantee and Grantor receive notice of and an opportunity to participate in the comt proceeding. 11. Transfer of the Property. Grantor shall notify Grantee in writing at least one week prior to the transfer of the Property, and the document of conveyance shall expressly refer to this Deed. Grantee shall have the right to record a document in the real property records in Pitkin County to put such third parties on notice of the requirements of this paragraph. Failure to pro vide notice pursuant to this paragraph or such recorded document shall not invalidate any trans fer of the Property. 12. Amendment of Deed. This Deed may be amended only with the express prior written consent of Grantee and Grantor by an instrument duly executed by Grantor and Grantee recorded in the real property records of Pitkin County, Colorado. Any such amendment shall be consistent with the purposes of this Deed and shall comply with § 170(h), IRC, or any regula tions promulgated thereunder. Any such amendment shall also be consistent with Colorado Re vised Statutes §38-30.5-101, et seq., or any regulations promulgated thereunder, and shall not affect the perpetual duration of this Deed. 13. Condemnation or Other Extinguishrnent. If the Property or Lot 1 of the Sky beam Ranch Subdivision ( of which the Prope1ty is a part) is taken, in whole or in part, by exercise of the power of eminent domain, or if circumstances arise in the future that render the purpose of this Deed impossible to accomplish, this Deed can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. Each party shall promptly notify the other party in writing when it first learns of such circumstances. Grantor and Grantee stipulate that as of the date of this Deed, they are each vested with a real prope1ty inter est in the Property. The Patties further stipulate that the Grantees' interest in the Easement has a value of one~half of one percent (0.5%) of the fair market value of Lot 1 of the Sky beam Ranch Subdivision from this date forward, and such percentage interest shall remain constant in relation to any future fair market value of the Property. Such percentage interest shall be used only for determining the Grantees' proportion of proceeds from any payment of damages or action result~ ing from circumstances described in this paragraph when the Deed is extinguished; and shall have no effect in any sale or transfer that does not extinguish this Deed. The Parties agree that the value of any improvements to the Property made by Grantor after the date of this Easement is reserved to Grantor. 14. Interpretation. This Deed shall be interpreted under the laws of the State of Colo- rado, resolving any ambiguities and questions of the validity of specific provisions so as to pre serve the Conservation Values and give maximum effect to its conservation purposes. 15. Perpetual Duration. The easement created by this Deed shall be a servitude run- ning with the land in perpetuity. Every provision of this Deed that applies to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear. A party's rights and obligations under this Deed te1mi nate upon a permitted transfer of the party's interest in this Deed or the Property, except that lia bility for acts or omissions occurring prior to transfer shall survive transfer. 16. Notices. Any notices required by this Deed shall be in writing and shall be per- sonally delivered or sent by certified mail, return receipt requested, to Grantor, Grantee respec tively at the following addresses, unless a party has been notified by the other of a change of ad dress. Electronic delivery of notices shall also be deemed sufficient and considered delivered upon receipt of confirmation of delivery on the part of the sender: To Granter: The Bryan and Emily Kelln Family Trnst 501 West Buttermilk Road Aspen, CO 81611 To Grantee: Pitkin County 123 Emma Road# 106 Basalt CO 81623 With Copies to: Pitkin County Attorney's Office 123 Emma Road, Suite 204 Basalt CO 81621 17. Grantor's Title Warranty. Granter warrants that Granter 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. 18. Grantor's Environmental Warranty and Indemnity. Granter warrants that Granter has no actual knowledge of a release or threatened release of hazardous substances or wastes on the Prope1ty and hereby promises to hold harmless, defend, and indemnify Grantee along with their respective members, directors, officers, employees, agents, contractors, successors, and as signs against all litigation, claims, demands, penalties, and damages, including reasonable attor neys' fees, arising from or connected with any present or future presence or release of hazardous or toxic substances on, under, or about the Property. For the purposes hereof, "Hazardous Sub- stances" does not mean any typical agricultural chemicals such as herbicides and pesticides utilized on properties of this type in Pitkin County, provided that all such chemicals are used in accordance with applicable laws and manufacturer's specifications. Without limiting the forego ing, 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 Proper ty within the meaning of The Comprehensive Enviromnental Response, Compensation and Lia bility Act of 1980, as amended. 19. Subsequent Liens on the Property. No provisions of this Deed should be construed as impairing the ability of Granter to use the Property as collateral for subsequent borrowing, provided that any mortgage or lien arising from such a borrowing shall be subordinate to this Deed. 20. No Merger. No merger shall be deemed to have occurred hereunder or under any document executed in the future affecting this Deed, unless the parties expressly state that they intend a merger of estates or interests to occur. 21. Recording. Grantee shall record this Deed in the official records of Pitkin County, and may re-record it at any time as may be required to preserve Grantee's rights hereunder. 22. Subsequent Transfers. Granter shall incorporate the terms and conditions of this Deed in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Property, including, without limitation, conveyance of a leasehold interest to a third party. Gran tor further agrees to give written notice to Grantee of the transfer of any interest at least one week prior to the date of such transfer. The failure of Grantor to perform any act re quired by this paragraph shall not impair the validity of this Deed or limit its enforceability in any way; and failure of Granter to provide notice pursuant to this paragraph shall not invalidate any transfer of the Property. 23. Liberal Construction. Any general rule of construction to the contrary notwith- standing, this Deed shall be liberally construed in favor of the grant to effect the purpose of this Deed and the policy and purpose of Colorado Revised Statutes §38-30.5-101, et seq. If any pro vision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Deed that would render the provision valid shall be favored over any interpretation that would render it invalid. 24. Severability. If any provision of this Deed, or the application thereof to any per- son or circumstance, is found to be invalid, the remainder of the provisions of this Deed, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. 25. Entire Agreement. This Deed sets forth the entire agreement of the paiiies with re- spect to the easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the easement, all of which are merged herein. 26. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. 27. Successors. The covenants, tenns, conditions, and restrictions of this Deed shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal rep resentatives, heirs, successors, and assigns and shall continue as a servitude running in pe1petuity with the Property. 28. Termination of Rights and Obligations. A party's rights and obligations under this Deed terminate upon transfer of the party's interest in the easement or Prope1ty, except that lia bility for acts or omissions occurring prior to transfer shall survive transfer. 29. Captions. The captions in this instrument have been inserted solely for conven- ience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 30. Third Party Beneficiaries. This Deed is entered into by and between Granter and Grantee, and does not benefit or create enforcement rights or responsibilities in any other third parties, including the general public. 31. Acceptance. As attested by the signature of an authorized party affixed hereto, Grantee hereby accepts, without reservation, the rights and responsibilities conveyed by this Deed. Grantee acknowledges receipt and acceptance of this Deed encumbering the Property for which no goods or services were provided. 32. Change of Conditions. A change in the potential economic value of any use that is prohibited by or inconsistent with this Deed, or a change in any cummt or future uses of neigh boring properties, shall not constitute a change in conditions that makes it impossible or imprac tical for continued use of the Prope1iy for conservation purposes and shall not constitute grounds for te1minating the Deed. 33. No Land Use Approvals Imputed to Deed. The Grantor shall be solely responsible for compliance with applicable laws in regard to the exercise of rights reserved herein, and, noth ing contained in this Deed is intended to represent a permit or land use approval by Pitkin Coun ty. TO HAVE AND TO HOLD, this Deed unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTOR: THE BRYAN AND EMILY KELLN FAMILY TRUST By:~------Bryan Kelln, Trustee By: ______Emily Kelln, Trustee STATE OF ______.) ) ss. COUNTY OF------.) The foregoing instrument was acknowledged before me this __ day of _____ 2018, by Bryan Kelln, as Trustee of the Bryan and Emily Kelln Family Trust. WITNESS my hand and official seal. My commission expires: ______ Notary Public STATE OF ______) ) ss. COUNTY OF ______) The foregoing instrument was acknowledged before me this __ day of _____ 2018, by Emily Kelln, as Trustee of the Bryan and Emily Kelln Family Trust. WITNESS my hand and official seal. My commission expires: ______ Notary Public ATTEST: GRANTEE: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By:------ Jeanette Jones ------, Chair Deputy Clerk and Recorder DATE:------ APPROVED AS TO FORM: MANAGER APPROVAL: John Ely Jon Peacock County Attorney County Manager RECOMMENDED FOR APPROVAL: Gary Tennenbaum, Director Pitkin County Open Space and Trails STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this __ day of _____ 2018, by Jeanette Jones, as Deputy County Clerk of Pitkin County, Colorado. WITNESS my hand and official seal. My commission expires: ______ Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this __ day of _____, 2018, by -----~ as Chair of the Board of County Commissioners of Pitkin County, Colorado. WITNESS my hand and official seal. My commission expires:------~ Notary Public List of Exhibits A Property legal description B Map of the Property TRAIL EASEMENT AGREEMENT THIS TRAIL EASEMENT AGREEMENT (the "Agreement"), made and entered into this _ day of____ , 20_ by and between the Bryan and Emily Kelln Family Trust, whose address is 501 West Buttermilk Road, Aspen, CO 81611 ("Grantor"), in favor of the Board of County Commissioners of Pitkin County, Colorado, a body corporate and politic, ("BOCC") whose address is 530 E. Main Street, Aspen, CO 81611. RECITALS: A. Grantor is the record owner of certain real property located in Pitkin County commonly known as 501 West Buttermilk, Aspen, CO and more particularly described as Lots 1 and 2 on the Skybeam Ranch Subdivision Plat (the "Plat") recorded in Plat Book ___ at Page ___ of the Pitkin County Clerk and Recorder's Office; and B. Grantor desires by this Agreement (a) to grant to the BOCC the right to construct, maintain, replace and repair a non-motorized trail over a portion of Grantor' s property labeled as the "Trail Easement" area and the "Conservation Easement" area on the Plat from the southern boundary of the property shown on the Plat through the Trail Easement area to the north and through the Conservation Easement area (the "Easement Areas"), and (b) to establish certain restrictions with respect to said trail; and C. BOCC desires by this Agreement (a) to accept said trail easement subject to the restrictions set forth herein, and (b) to assume certain responsibilities in connection therewith. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Grantor and BOCC agree as follows: 1. Grant of Easement. Grantor hereby grants, transfers and conveys unto BOCC and its successors and assigns, for the use and benefit of the general public, a perpetual, non-exclusive easement within the Easement Areas (the "Easement"). The Easement shall be used for the construction, maintenance, repair and replacement of a single-track trail. Following the grant of this Easement and the construction of such trail within the Easement Areas, the BOCC shall survey the exact "as-built" location of the trail and this Agreement shall be re-recorded with that survey attached as Exhibit A. Upon the construction of the trail and the re-recording of this Agreement, the "Easement" shall thereafter be limited to the area five (5) feet on each side of the centerline of the trail as constructed. 1 In accordance with BOCC Resolution No. 069-2017, recorded as Reception No. 643672, prior to construction of any potential trail within the Easement, Pitkin County Open Space and Trails ("OST") shall notify the Aspen Oaks Homeowners' Association in writing of all planning meetings about the potential trail. OST shall also consult Colorado Parks and Wildlife and all beneficiaries of the conservation easement during the planning phase for the potential trail. 2, As-Is Conveyance. BOCC hereby accepts the Easement in an "as is" condition, subject to the restrictions herein contained, and subject to all patent or latent defects or problems of any kind or nature. Such acceptance does not preclude improvement or maintenance activities within the Easement insofar as such activities may be allowed or required by this Agreement. 3, Trail Use Restrictions. (a) The Easement shall be used exclusively for non-motorized travel by the public, construction and maintenance by the BOCC, and for no other uses or activities whatsoever. No motorized vehicles of any kind shall ever be permitted on the Easement Areas, excepting equipment used to construct, enhance or maintain the trail and emergency vehicles when necessary. (b) The Easement is hereby declared to be part of the Pitkin County Trail System, and the use of the Easement shall also be governed by the rules and regulations and other provisions of Title XII of the Pitkin County Code entitled "Trail Regulations," as said Title XII may be amended or recodified from time to time, provided always that the provisions of this Easement shall control wherever they are more restrictive than the provisions of said Title XII. ( c) Gran tor reserves the right to use and enjoy the Easement, and the land beneath and the airspace above the Easement, for all purposes and uses which do not unreasonably interfere with the use and enjoyment by Grantee or members of the public of the rights herein granted. Without limitation to the foregoing, Grantor shall have the right to grant any easements to utility companies over or under the Easement. The Easement granted herein is also subject to all existing easements, restrictions and covenants of record. 4. Easement Care and Maintenance. BOCC hereby assumes complete responsibility for and agrees to care for, groom and maintain the Easement in a clean and attractive condition and in a good and safe order and repair, at its sole cost and expense, unless the need therefor is caused by Grantor or its successor in interest in the ownership of the underlying real property, in which case Grantor or it successor in interest shall perform the maintenance or care so required. BOCC's maintenance responsibilities shall include, but not be limited to, trash and debris removal, keeping the trail clear of rocks, vegetation and other obstructions, grooming as needed, controlling erosion and water runoff, and general care and maintenance. 2 5. Enforcement. BOCC agrees to enforce diligently all covenants and use restrictions set forth herein and all other applicable rules and regulations as may be contained in Title XII of the Pitkin County Code, and to prosecute violations thereof. 6. Grantor's Immunity and BOCC's Obligation to Insure. The parties expressly acknowledge that the Easement is granted for a "recreational purpose" under C.R.S. Section 33-41-101, et seq., and that Grantor is entitled to the benefits, protections and limitations on liability afforded by Colorado law governing recreational easements, including without limitation said Section 33-41-101, et seq. By granting the Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Easement, or to insure or indemnify BOCC or the public for any injury, claim or damage to any person or property, whether alleged to have occurred as a result of use of the Easement for public non-motorized travel or otherwise, or due to the condition of the public trail. BOCC agrees to add Granter (and its successors and assigns in the ownership of the underlying real property traversed by the Easement, or any part thereof) as additional named insureds on its comprehensive general liability insurance policy, which insurance shall be maintained by the BOCC to provide protection against liability from claims arising out of the use of the Easement. Such insurance shall be carried in amounts not less than the liability limits specified in C.R.S. Section 24-10-114(1), as it may be amended from time to time, and shall provide Granter and its successors and assigns with thirty (3 0) days advance written notice prior to cancellation or termination. BOCC shall, upon written request therefor from Grantor or any successor or assign, provide a Certificate of Insurance as verification of compliance with these requirements. 7. Attorneys' Fees. In the event the interpretation or enforcement of this Agreement should ever become the subject of litigation between Granter ( or its successors and assigns in the record ownership of the underlying real property traversed by the Easement, or any part thereof) and BOCC, the prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees incurred in connection therewith. 8. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever including all future record owners of the underlying real property traversed by the Easement, or any part thereof. The benefits and burdens hereof shall also run with the title to the underlying real property and all parts thereof traversed by the Easement. This Agreement may only be amended by a writing signed by BOCC and by the then record owners of the underlying real property traversed by the Easement. 3 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. GRANTOR: Bryan and Emily Kelln Family Trust By: ______------, Trustee BOCC: Board of County Commissioners of Pitkin County, Colorado By: ______------Chair ATTEST: Jeanette Jones Deputy Clerk and Recorder Approved as to Form: John Ely Attorney [Remainder of page intentionally blank; Notaries on following page] 4 STATE OF _____ ) ) ss. COUNTY OF ____ ) The foregoing instrument was acknowledged before me this __ day of ______, 20_, by Bryan Kelln as Trustee of the Bryan and Emily Kelln Family Trust. Witness my hand and official seal. My commission expires: Notary Public STATE OF ----- ) ) ss. COUNTY OF ____ ) The foregoing instrument was acknowledged before me this __ day of _____, 20_, by Emily Kelln as Trustee of the Bryan and Emily Kelln Family Trust. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this __ day of ______, 20_, by ______as Chair of the Board of County Commissioners of Pitkin County, Colorado, and attested to by Jeanette Jones as Deputy Clerk and Recorder of Pitkin County, Colorado. Witness my hand and official seal. My commission expires: Notary Public 5 ,------I1!1 Memorandum To: Mitch Haas, Haas Land Planning, LLC From: Jesse Swann, PE Date: 1-30-18 Re: 501 W Buttermilk Road, Lot 2 Skybeam Subdivision SE Job #17233 Sopris Engineering has prepared this memo to summarize our findings relative to the potential development of a new residential home on Lot 2, of the Skybeam Subdivision (501 West Buttermilk Road) and for Pitkin County Subdivision Detail Review and Final Plat. Below summarizes our finding with regard to existing utilities, drainage and access and Exhibit A has been provided for illustrative support. Access A new access to the proposed Lot 2 activity envelope from West Buttermilk Road will be required, and is subject to the Access Design Standards within the Pitkin County Asset Management Plan. A new access point approximately mid lot coincides with a slight topog raphical bench in Lot 2 and W Buttermilk Road. This access point is approximately equidistant from two existing switchbacks on West Buttermilk Road providing the safest location in terms of site distance. The proposed driveway will conform to County standards as identified below: • 16' minimum driveway width • 30' minimum centerline radius on all curves • Maximum 12% driveway longitudinal grade • 18" minimum culvert size beneath the driveway access • Driveways in excess of 150' will require an auto-court or alternative turnaround that can facilitate a fire truck Once a site plan is developed and Site Plan Review with the County is pursued, coordination with Aspen Fire will be performed to ensure the driveway design is in compliance with their requirements. In the meantime, Exhibit A illustrates the anticipated point of access to Lot 2. Water Water service is currently provided to the existing residence on the adjacent Lot 1 by th e Buttermilk Metropolitan District (BMD). Recent field locations have indicated that the existing water main is within the West Buttermilk Road corridor, but the size is unknown. A new water service to Lot 2 will be tapped from the existing main and sized to support the proposed residence. BMD has provided a Can and Will Serve letter for Lot 2 demonstrating it has the ability to provide potable water to the property. Fire Protection 501 West Buttermilk Road has two fire hydrants near the activity envelope of proposed Lot 2. The first hydrant is located directly adjacent to the existing driveway access to Lot 1. The second hydrant and pull-out is located on the southwest corner of Lot 2, near a switchback on West Buttermilk Road . Based on initial discussions with Aspen Fire District the locations and spacing of the existing fire hydrants are acceptable and they have not experienced any fire fiow issues in the area. The new residence will likely require a fire suppression system if it is over 5,000 sf. Should the proposed residence require a fire suppression system, a more detailed design will be provided at Building Permit. Sanitary Sewer There is no municipal sewer service to the subject property. SE will prepare an onsite wastewater treatment system (OWTS) plan that will account for existing and proposed site constraints in accordance with the current Pitkin County OWTS Regulation 43. Th e OWTS requirements for the site will be designed based on available soil data and design I 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 civil consultants flow usage primarily determined by the number of bedrooms, dwelling space area and any supplemental usage proposed. Based on initial review of existing condltions, the installation of a site specific OWTS to serve the proposed residential development is feasible with appropriate engineering design in respect to existing topography, setback requirements and available area. Depending on the preliminary site plan, adjustments of activity envelopes may be required to accommodate the incorporation of a site specific OWTS design. The preliminary cursory site assessment indicates that a treatment level 3N system with pressure dosed dispersal may be recommended based on the site limitations including soils, area and wastewater design flows. An OWTS consisting of advanced treatment system components with an alternative effluent dripline dispersal system would likely be required for the proposed development. A more detailed OWTS design will be provided prior to Site Plan Review and in support of a future Building Permit application. Natural Gas Based on Black Hills Energy GIS mapping, the nearest natural gas service is a 2" plastic main line located approximately 1,500 feet away, within Buttermilk Lane. Should the owner desire, discussions with Black Hills Energy can be initiated to extend service within the West Buttermilk Road right of way to Lot 2 but will likely be cost prohibitive; therefore a propane tank would likely be required if gas service is desired. Telephone There is an existing service pedestal (#500) directly across West Buttermilk Road and serves the existing residence on Lot 1 of the Skybeam Subdivision. According to Centurylink this pedestal has ample capacity to service a proposed residence on Lot 2. An open cut of West Buttermilk Road or shallow bore would be required to extend service to the Activity Envelope proposed on Lot 2. Electric An existing Holy Cross Electrrc service line is located within an existing 10' utility easement along the western side of Lot 1 of the Skybeam Subdivision. An existing 75 Kva single phase electric transformer (#3786Y2) is located near the entrance of an existing concrete driveway access to Lot 1. This existing transformer has room to provide service to the proposed residence on Lot 2 assuming slmilar load demands as occurs with other residences in the area. Any additional service connections or larger loads will likely require an upgraded transformer. A utility easement will be provided by Lot 1 to facilitate the electric service extension from the existing transformer to the Activity Envelope associated with Lot 2. Cable There is currently a service pedestal provided by Comcast Cable on the northwest side of the existing residence on Lot 1. Service can be extend to Lot 2 from this existing pedestal within the existing 1O' utility easement on the west side of the property. Lot 2 cable service will be located within a new utility easement granted by Lot 1 to the northern property line of an associated Activity Envelope established on Lot 2. Site Drainage The proposed activlty envelope is located at the base of a relatively steep, vegetated hillside below a switchback on West Buttermilk Road. Offsite runoff is primarily contained within borrow a ditch on the south side of West Buttermilk Road and routed around the proposed Acttvity Envelope on Lot 2. Existing topography on Lot 2 generally slopes from the southwest corner of the lot easterly towards West Buttermilk Road. West Buttermilk Road currently acts as a natural "dam" preventing runoff from the upper reaches of Lot 2 from exiting the Activity Envelope. The western portion of Lot 2, above the established Activity Envelope, contains moderate to steep slopes ranging from 15% to 45%, where no development will occur. Stormwater runoff generated by the proposed residence will be collected and diverted to I 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGINEERING • llC civil consultants an existing low point in the southeast corner of the Activity Envelope near an existing capped and abandoned well. Stormwater mitigation infrastructure will be installed to detain and treat runoff from the proposed residence in accordance with Pitkin County drainage requirements. A drywell water quality treatment and detention facility may be considered in this area as the design progresses. A more formal and detailed drainage study will be provided in support of future Site Plan Review and Building Permit applications. Based on the information provided above, Sopris Engineering believes the proposed Subdivision/Final Plat and associated Activity Envelope for Lot 2 has adequate civil infrastructure to support the future construction of a residence commensurate to existing homes within the area. Please don't hesitate to contact our office with any questions. Sincerely, Jesse K. Swann, PE Sopris Engineering, LLC Attch: Exhibit A-Activity Envelope & Conceptual Utility Plan 502 Main Street • Suite A3 • Carbondale , CO 81623 • (970) 704-0311 • Fax (970) 704-0313 civil consultants SKYBEAM SUBDIVISION LOTl 1,383,879, 76± SF 31.77± ACRES DATI!: .IAN.:lll,201B JOBNO. 1J:133 --- -J'lfliJ- - ElDSDlGOOlflOUlllllIEIWl,L --~-111-'l't!U!-IN! - _..,__ ·-·C111-- cATIIUHI! ~··•-- "- -·- ~, -- WAtatlH! --<--- ftta!UMI! ------HllmCIPIU'Elm'IH! GRAPHICSCAlE ACTIVITY ENVEI.OPE i &CONCEPTUAL (INffEf) UTILITYPIAN 11nc:h .. 4Dlc. Knowlfflll'lbalow.® SCALe REDUCE FOR ATTACHMENT TO REPORT Clllbolortyaudlg, =-n,,...,.,,_ """'~=~- EXHIBIT A EXHIBIT I 10 PITIUN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF DEVELOPMENT APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and The Bryan and Emily Kelln Family Trust (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to COUNTY an application for: Subdivision Detailed Submission and Final Plat (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County OL·dinance No. 012-2015 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to asce1tain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of$ 7,579* which is for 22* hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that fa ilure to pay such accrued costs shall be grounds for suspension of processing. PITIUN COUNTY APPLICANT: Br2- '(0fv 1<:fc:c. ~/ £n:i:-u, Kc;d.,v Cindy Houben The Bryan and Emil~(elln Family Trust Community Development Director By: G ~7rl2:-,i *Includes Planning Office flat fee: $7, I 50 (non-refundable; based on 22 hours of staff time). Also included: Clerk fee of $375 and Publication fee of$54. EXHIBIT 11 Pitkin County Mailing List of 300 Feet Radius From Parcel: 273503100001 on 03/06/2018 ff KIN (ouN'f~ Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www.pitkinmapsandmore.com KELLN BRYAN & EMILY FAM!L Y TRUST CO DEPT OF TRANSPORTATION JOSEPH PAMELA 501 W BUTTERMILK RD 4201 E ARKANSAS AVE 4TH FL 407 ASPEN OAK DR ASPEN, CO 81611 DENVER, CO 80222 ASPEN, CO 81611 BADGER HOLLOW TOWNHOMES DILLARD DENNIS ALEXANDER 189 ASPEN OAK DRIVE LLC COMMON AREA 24 EDGEHILL RD 253 HAYSTACK LN 1044 OWL CREEK RD LITTLE ROCK, AR 72207 SNOWMASS, CO 81654 ASPEN, CO 81611 BUTTERMILK MEADOWS LLC OBERMEYER WALTER R BVM LLC PO BOX4060 0490 ASPEN OAK DR 302 N ROCK RD #210 ASPEN, CO 81612 ASPEN, CO 81611 WICHITA. KS 67206 EAST OWL CREEK HOMEOWNERS ASSOC PITKIN COUNTY KAYNE GREGORY S & JEANNE 90CLAY LANE 123 EMMA RD #204 PO BOX 2359 ASPEN, CO 81611 BASALT, CO 81621 ASPEN, CO 81612 PITKIN COUNTY ASPEN OAK TENNIS ASSOC PITKIN COUNTY 123 EMMA RD #204 39 POLECAT DR 123 EMMA RD #204 BASALT, CO 81621 ASPEN, CO 81611 BASALT, CO 81621 ERNEMANN ANDREW & ASHLEY TARVER KIMBERLY SWALES GOLDSMITH LOUISA 39 POLECAT DR PO BOX 10594 PO BOX 1385 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 GREGORY JULIAN ARTHUR JR & MARY MAL CAHN & COMPANY LLC CAHN & COMPANY LLC 845 ASPEN OAK DR PO BOX4060 PO BOX 4060 ASPEN, CO 81611-2707 ASPEN, CO 81612 ASPEN, CO 81612 CRF 36A LLC 477 ASPEN OAK DRIVE TRUST CITY OF ASPEN 39 ROARING FORK DR 11 BROOKDALE RD 130 S GALENA ST ASPEN, CO 816112234 ARLINGTON, MA 02474 ASPEN, CO 81611 BRUCE ROBERT T & NANCY M BEDELL LINDA D QPRT BUTTERMILK MEADOWS LLC 960 W BUTTERMILK RD 594 W BUTTERMILK RD PO BOX 4060 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 JOSEPH PAMELA SHAPIRO ANDREW & NANCY 407 ASPEN OAK DR 11 !RON GATE HILL ASPEN, CO 81611 WESTPORT , CT 06880 IMPROVEMENT & PARTIAL TOPOGRAPHIC SURVEY A PARCEL OF LAND SITUATED IN SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P ..M . 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J -tor1s LOT 17 LOTl CONSERVATION EA.StMENT ~ > ANIIICa.CtlAA0111\,,0!(01"1-IDl1\l,H.lt.:III_Jl __ll~» ••.till'.llOIAl'O ...... f\D .. ~lffl.Of\11 . II.H_A __ l_lt10J1'11. --1$""510,IICA>l~-. - ...... StNIISt,,111.,...C,.,. ,U,"90-~IMl!N,,ll.,,Oflllll)(bi,Ofi,ll,j.~l) lUC\ITIO~OO.•OI'____ _ SURVEY NOTES: • -Cll--!'>tS-1!1•--Cll~ll"WllTWIIN_r..__ <."'f\Ul'tJlll,Al,OHG,IMl~•N(lf1JIIVIH'4(1(;MNHllllf • 00.ffOtlm.l)_..,0.U_JLJall ...... ,,UIIOIO_IM$_.,.MC,_US_.,IU1 , fM$_.,.15_0tl_Of ____wt!.l.1111-1 , DC1,-,.rYll,IIJ'1K'IIOIIII_QON_'-"OAGltl(WCNfflKOll;l(PA,S M<;ronoNNO -Mµ»~llf0'110HNO -MIJOI IO'WJNltflUW PITKIN COUNTY BOARD Of COUNTY COMMI SSIONERS APl>ROVAL t {f'UIT')l/'j""'t) IOWfflrNIXl' r ·t.r i HJrnl0111... RAIJOrtU sc~tr•: 1•• zoo· l'lAnCCMUlln - SURVEYOR'S CERTIFICATE 501 BUTTERMlll\, lLC SKYBEAM RANCH SUBOMSlON PLAT LEGEND S0l W . IUTT[RM(U( ROAD • ASP[N COUNTY OF PmCIN • STATI OF COLORADO ,co,,..•sorv... n~· W(J.itAPT t 26.6',AC!t[S D TRUE NORTH COLORADO UC. • U,H0 ~ NIIO MA#'ING COMU,Hf TRUE NORTH (;>-°I~ lllt ...... TI AVUM ---COLORADO--- -GWM'OOOWl'JNGS. CClOll,,IDOIUO) D "- l.ANO SURV['l'INIG ANIC> MAPPING COMPAN'I' 49'1))"'H.IM PRELIMINARY -.~ .....- S IIF,J-;T ~\_~ 1Q1'1