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Home My WebLink AboutLand Use Case.Stillwater Ranch.A113-99R51,1(00 04-04 9<5.-- A c 43-lola 2737-179-00-009 A113-99R E Stillwater Ranch Subdivision/PUD County Referral 0 /rt,41 lud Zf 2 -7- 14 9 1 t A 7 4 / k PARCEL ID: |2737-179-00009 -DATE RCVD: ~12/10/99 # COPIES:~--- CASE NO~A113-99R CASE NAME:~Stillwater Ranch Subdivision/ PUD Conceptual PLNR: | N vOK Litat PROJ ADDR:|Stillwater Ranch CASE TYP:~County Referral STEPS:- OWN/APP: Aspen Pitkin County ADR~530 E. Main C/S/Z: ~Aspen/CO/81611 PHN:~920-5137 REP:1 ADR:| C/S/Z:i PHN1 FEES DUE:~ FEES RCVD:~ STAT: ~---- REFERRALS| REF:~ 12/10/99 BY~County DUE] 1/10/00 MTG DATE REV BODY PH NOTICED 4 J~ DATE OF FINAL ACTION:~ CITY COUNCIL: REMARKS| PZ: BOA: CLOSED:| 'l 19/Â£) BY:| 3-- C -lidf DRAC: PLAT SUBMITD: PLAT (BK,PG):~ ADMIN:Â£~PCA (>I,t tuttz: Reti,4 t~94?0{ MEMORANDUM TO: Phil Overeynder, Director, Water Deparment THRU: Julie Ann Woods, Community Development Director 7, 7 Joyce Ohlson, Community Development Deputy Director,7 FROM: Nick Lelack, City of Aspen Planner RE: Referral Comments on Stillwater Ranch Subdivision/PUD Conceptual Submission Affordable Housing Project DATE: January 27,2000 PROPOSAL The City Planning Office reviewed the Stillwater Ranch Subdivision/PUD Conceptual Submission Affordable Housing Project application. The site is located in unincorporated Pitkin County immediately adjacent to the City of Aspen boundary. The site is approximately 4 acres in size. The total number of bedrooms proposed for the project is forty-three (43) in seventeen (17) affordable housing units. SUMMARY OF STAFF RECOMMENDATION & FINDINGS The City of Aspen Planning Staff recommends approval of the Stillwater application because it is consistent with the 1993 Aspen Area Community Plan (AACP), 2000 Aspen Area Community Plan Update, and Interim Aspen Area Citizen Housing Plan. Staff also supports the establishment of a Water Agreement between the City and Applicant. However, Staff does not believe immediate annexation is necessary for reasons discussed below. Staff recommended that Pitkin County impose conditions of approval that require the subdivision to meet the City's residential design and public works (utility, roads, etc.) standards, and not to oppose annexation. Below is a summary of Staff's findings. â€¢ The City is currently in the process of annexing the Moore and HighIands properties. This process is consuming substantial City resources, particularly in terms of staffing; therefore, it is not in the City' s best interest to annex the Stillwater property at this time. â€¢ The Stillwater application is currently under review by the Pitkin County Planning Staff and will proceed through the County's land use approval process; this process includes separate reviews and recommendations by the Growth Management Commission and Planning and Zoning Commission, and a review and decision by the Board of County Commissioners. The City Planning Staff has participated in this review process by submitting referral comments to the County Planning Staff. These comments (Attachment 1) included a recommendation to impose three (3) conditions of approval: (1) the applicant meet the City's Residential Design Standards for the dwelling units; and (2) the applicant meet the City's public works standards for roads, utilities and other infrastructure; and (3) the subdivision not oppose annexation. Thus, it is not essential that the City pursue annexation of the property until at least the County has acted upon the application, and the applicant has gained the authority to begin work on the project. â€¢ Finally, the City Planning Staff does not support annexation at this time because the annexation process could delay and interfere with the County's approval process and construction ofthe affordable housing units. Expanding the affordable housing stock in the urban area is a top community goal, and annexation could delay efforts to achieve this goal. ATTACHMENT 1 iMEMORANDUM TO: Tamara Pregl, Pitkin County Planner THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Community Development Deputy Director FROM: Nick Lelack, City of Aspen Planner RE: Stillwater Ranch Subdivision/PUD Conceptual Submission Affordable Housing Project DATE: January 14, 2000 PROPOSAL The City Planning Office reviewed the Stillwater Ranch Subdivision/PUD Conceptual Submission Affordable Housing Project application. The site is located in unincorporated Pitkin County immediately adjacent to the City of Aspen boundary. The site is approximately 4 acres in size. The total number of bedrooms proposed for the project is forty-three (43) in seventeen (17) affordable housing units. SUMMARY OF STAFF RECOMNIENDATION & FINDINGS The City of Aspen Planning Staff found the Stillwater application to be consistent with the 1993 Aspen Area Community Plan (AACP), AACP 1998 Update, and Interim Aspen Area Citizen Housing Plan. City Planning Staff recommends approval of the application. Below is a summary of Staff' s findings. Because Pitkin County Planning referred this application to Aspen Fire, Aspen School District, ACSD, and Aspen Water, this memorandum does not address issues that these agencies will comment on directly to Ms. Pregl. â€¢ The site is located in the Aspen Metro Area and within the proposed Aspen Community Growth Boundary. The Draft Aspen Area Communit-y Plan 1998 Update addresses the importance of locating new developments within the boundary in the following passage: to help preserve open space, discourage urban spra-wl and manage the transportation impacts of new developments. In order to make the boundary effective, the County may need to lower acceptable density levels in the unincorporated areas, and the city will need to pursue infill in existing neighborhoods. The Community Growth Boundary would also serve as the base of afuture annexation agreement between the City and County and require intergovernmental coordination for any development approvals in the joint planning area. â€¢ Staff believes the site could accommodate a higher density development than what is being proposed. However, Staff supports the proposed density because it resembles the character and scale of the surrounding rural neighborhood. Further, the site plan is designed to preserve as much of the natural vegetation as possible. Therefore, the site plan is compatible with the surrounding natural and built environment. â€¢ The 1993 14CP identifies Lot 1 of the Stillwater property as a potential affordable housing site. Specifically, the AACP states that this lot is a great location for low density, single family or duplex housing. Therefore, this application will facilitate the implementation o f the AACP. â€¢ The Interim Aspen Area Citizen Housing Plan calls for achieving a goal of housing 60 percent of the work-force up-valley of Aspen Village by the year 2015. This project helps reach that goal by providing 43 bedrooms in 17 affordable housing units. â€¢ The site is located approximately one-quarter mile from the Mountain Valley RFTA bus stop, and the transit agency has the capacity to carry passengers from this site. â€¢ The proj ect is designed to promote alternative, non-automotive transport. The site plan is designed to maximize pedestrian movement in and around the development, as well as to town and the Roaring Fork River. Specifically, pedestrian paths exist directly to the site from the downtown core, and the site plan includes an abundance of sidewalks and new trail links around the site and to the river. In addition, the site is located close to a RFTA bus stop. â€¢ The City Planning Staff recommends that a condition of approval be that the ~ applicant meets the City's Residential Design Standards for the dwelling units and City's public works standards for roads, utilities and other infrastructure because this site is immediately adjacent to the City boundary and may be annexed into Aspen in the future. MEMORANDUM TO: Tamara Pregl, Pitkin County Planner THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Community Development Deputy Director FROM: Nick Lelack, City of Aspen Planner RE: Stillwater Ranch Subdivision/PUD Conceptual Submission Affordable Housing Project DATE: January 14,2000 PROPOSAL The City Planning Office reviewed the Stillwater Ranch Subdivision/PUD Conceptual Submission Affordable Housing Project application. The site is located in unincorporated Pitkin County immediately adjacent to the City of Aspen boundary. The site is approximately 4 acres in size. The total number of bedrooms proposed for the project is forty-three (43) in seventeen (17) affordable housing units. SUMMARY OF STAFF RECOMMENDATION & FINDINGS The City of Aspen Planning Staff found the Stillwater application to be consistent with the 1993 Aspen Area Community Plan (AACP), 14 CP 1998 Update. and Interim Aspen Area Citizen Housing Plan. City Planning Staff recommends approval of the application. Below is a summary of Staff's findings. Because Pitkin County Planning referred this application to Aspen Fire, Aspen School District, ACSD, and Aspen Water, this memorandum does not address issues that these agencies will comment on directly to Ms. Pregl. â€¢ The site is located in the Aspen Metro Area and within the proposed Aspen Community Growth Boundary. The Draft Aspen Area Community Plan 1998 Update addresses the importance of locating new developments within the boundary in the following passage: to help preserve open space, discourage urban sprawl and manage the transportation impacts of new developments. In order to make the boundary effective, the County may need to lower acceptable density levels in the unincorporated areas, and the city will need to pursue infill in existing neighborhoods. The Community Growth Boundary would also serve as the base of a future annexation agreement between the City and County and require intergovernmental coordination for any development approvals in the joint planning area. â€¢ Staff believes the site could accommodate a higher density development than what is being proposed. However, Staff supports the proposed density because it . resembles the character and scale ofthe surrounding rural neighborhood. Further, the site plan is designed to preserve as much of the natural vegetation as possible. Therefore, the site plan is compatible with the surrounding natural and built environment. â€¢ The 1993 AACP identifies Lot 1 of the Stillwater property as a potential affordable housing site. Specifically, the AACP states that this lot is a great locationfor low density, single family or duplex housing. Therefore, this application will facilitate the implementation of the AACP. â€¢ The Interim Aspen Area Citizen Housing Plan calls for achieving a goal of housing 60 percent of the work-force up-valley of Aspen Village by the year 2015. This project helps reach that goal by providing 43 bedrooms in 17 affordable housing units. â€¢ The site is located approximately one-quarter mile from the Mountain Valley RFTA bus stop, and the transit agency has the capacity to carry passengers from this site. â€¢ The project is designed to promote alternative, non-automotive transport. The site plan is designed to maximize pedestrian movement in and around the development, as well as to town and the Roaring Fork River. Specifically. pedestrian paths exist directly to the site from the downtown core, and the site plan includes an abundance of sidewalks and new trail links around the site and to the river. In addition, the site is located close to a RFTA bus stop. â€¢ The City Planning Staff recommends that a condition of approval be that the applicant meets the City's Residential Design Standards for the dwelling units and City's public works standards for roads, utilities and other infrastructure because this site is immediately adjacent to the City boundary and may be annexed into Aspen in the future. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: Attorney Zoning Engineer Wildlife Biologist Michael Craig - landscape only Environmental Health Aspen Fire Aspen School District ACSD Aspen Water RFTA Aspen Planning Staff , FROM: Tamara Pregl, Community Development Department RE: Stillwater Ranch Subdivision/PUD Conceptual Submission PID# 159-99 Flat Fee DATE: December 10,1999 Attached for your review and comments are materials for an application by Aspen/Pitkin County Housing Authority. This application will be reviewed by the Pitkin County Planning & Zoning Commision and the Growth Management Committee on January 25,2000. Please return your copy of these application materials to Com/Dev unless you need it for your files. Please return your comments to me no later than January 10, 2000. Thank you. ,tillwater Ranch Subdivision/PUD Conceptual Submission Affordable Housing Project A Land Use Application . 12. . & Â· 'R- â€¢ 2- 9 /6 f.... -- '/4/9 L- -=11, . --1 Di, 1 31'/111.. ,.O.' M w - 4 r ......=liâ€ž' 6.. 7- -- 1>If<r r' 1Â· 9 .fÂ»l.,' - ~1~ -**:r' * f .- 951. . ..,2 9- -Â·:.- - : 429:22.2-f '- ~Â· Â·72 1 2..:. I. -1 02*411:ELLijij~ I-el I -4. 1, 6 Â· 31-125 i . p - = . 9 '- 1 ; Â· /:Ii. t:-43*.50449. -".*-- ~-:Vf Submitted to: Pitkin County Community Development Department Prepared by: Otak/ Rock Creek Studio Aspen/ Pitkin County Housing Office November, 1999 N1513 ROCK = -1~CKEEK -~~STUDIO Project Participcuits Owner: Aspen/Pitkin County Housing Office Project Manager: Lee Novak 530 East Main Street, Lower Level Aspen, CO 81611 tel: (970) 920-5137 fax: (970) 920-5580 Estimating Contractor: Pat Fenton tel: (970)920-4623 Contractor: To be selected by Housing Office and MFA Architects: Michael Fuller Architects, PC 23286 Two Rivers Road, Suite 24B Basalt, CO 81621 tel: (970) 927-6620 fax: (970) 927-5366 Energy Consultants: Rocky Mountain Institute 739 Snowmass Creek Road Snowmass, CO 81654 tel: (970) 927-3851 fax: (970) 927-4178 Structural Engineer: Monroe and Newell Engineers, Inc. 70 Benchmark Road, Suite 204 Avon, CO 91620 tel: (970) 949-7768 fax: (970) 949-4054 Mechanical Engineer: Rader Engineering, Inc. P.O. Box 780 133 Riverside Court, Suite 1 Avon, CO 81620 tel: (970) 845-7910 fax: (970) 845-7522 Electrical Engineer: LaVenture Engineering Associates, Inc. P.O. Box 11 41310 U.S. Highway 6, Suite C-1 Avon, CO 81620 tel: (970) 845-9409 fax: (970) 845-7018 3tillwater Ranch Subdivision/PUD Affordable Housing Project L---.Â«.i r.Â·:4Â·.ftÂ¥?ti,â‚¬Â·...:9~-:.... J 4' El KOCK =Ii= CKEEK r-y- *,F .4.., 4 - iff#-=7 ~ .. STUDIO Â·6-=.Â·1Â»'. 1 9 44#,1 Project Participants Landscape Architect: Mt. Daly Enterprises, L.L.C. P.O. Box 1537 23400 Two Rivers Road, Suite 44 Basalt, CO 81621 tel: (970) 927-3138 fax: (970) 927-8487 Civil Engineer: Schmueser Gordon Meyer, Inc. 118 West 6th, Suite 200 Glenwood Springs, CO 81601 tel: (970) 945-1004 fax: (970) 945-5948 Planner: Otak/Rock Creek Studio 36 North Fourth Street Carbondale, CO 81623 tel: (970) 963-1971 fax: (970) 963-1622 Stillwater Ranch Subdivision/PUD Affordable Housing Project L liIER.1 1.,t#'SMWa*fli~~ 91Eli ROCK '- CKEEK -9---.._~ETUDIO Table of Contents Page Introduction 1 Section 1. Code Compliance with Article 2 Policies 6 Section 2. Environmental and Aesthetic Standards 17 Section 3. Water Resources 24 Section 4. Environmental Hazard Areas 29 Section 5. Improvements and Services 37 Section 6. Impacts on Taxes and Management 45 of Necessary Services Section 7. Development Exactions 47 Section 8. Planned Unit Developments 51 Section 9. Rezoning 57 Stillwater Ranch Subdivision/PUD Affordable Housing Project bef *3Â» 4--3 @181 KOCK ~ CREEK -~I.... STUDIO I Exhibits 1 1 1. Vicinity Map 2. Conceptual Landscape Plan/Site Plan I 3. Adjacent Land Uses 4. Adjacent Zoning 5. Schematic Grading Plan 6. Drainage Plan 1 7. Slope Analysis 8. Utility Plan 1 1 ~ Stillwater Ranch Subdivision/ PUD Affordable Housing Project I â€¢1131- ROCK ~ CKEEK -IM-2, - . 2~ - Â·43*p -- . - -STUDIO Appendices A. Pre-Application Conference Summary B. Letter of Authorization C. Bargain and Sale Deed D. Protective Covenants E. Engineering Report F. Preliminary Geo-Technical Investigation G. Construction Management Plan H. Articles of Incorporation of Stillwater Ranch Open Space Association I. By-Laws of Stillwater Ranch Open Space Association J. Letter of Agreement K. Pitkin County Commissioner's Resolution L. Resolution of Amendments to the Protective Covenants Stillwater Ranch Subdivision/PUD Affordable Housing Project 11131 1-KOCK Imp _f#<J g,j Ijilt f.-~E#f~~44~~. 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I \/ 3-<:,3 . \ ,1 \ 9Â§ l %- . btrWgiNTHg 1 lE ' , -1. - 0 KNX \ A Â· a B '' L ,//' 1 / 44,1 40%'~t Â· ~&+IWI"I, \ Mr '~ / 1 a /0 CE Â§ 0 - 11.VE,J:Â·9'4...1'2Â»9. 6 -m- \ - 1114 0-Ne:MULT:Lauff#c 2.Â£11%~~. 6 1/Li t.(34 0. \ i ... . A - A // f f / Wkr-3 ,-------14. aDG r \ SET REFERENCE WOINU~INT - 1. 4.. â‚¬ / N 34,4744- E Ur OF ' 1 / , ~-96=12-i~ 1 0. 2...P 4,22* / 1 ,/ 49 , 7 *44. <9\ 1,2 r.Â¥ mrruiÂ·Â¥Â·i: IR!Â£ CONER UNIT l A 4- -i .44Â·Â· Â£- / ...'. -*. / T....... .4.gsÂ· 4 .' . )fr .04<7+Wii!-+ - 1.-, dy) >j k - . -gra Â» ./AA \ 42' 4 U....< t.r / PUGN/&.1 * I 2. 7 2 ' LIShr~*.~,Li- /6*L Y~WL UNIT 10' ...... 1 1/G v /7 - /9 , ~//<0 ~WN /jJ . -.--.-. 1 . .V .4 --U ,Â·t A.U / 6* / IN /e/.4> .54~.~ UIT M <) ~ ~ IN , Â· wn,=Fic'~1 Â· 7 MT 2 At..~ ~, fy ~'1*7 ~ ~ ----- --- 0 1**Â· c t 1..'222 Â· '7(BA . G*V'43'79 ~. /r.:39Â« / 41 - - I * -A 4 ... 4, 0Â£21: . , / 0 I - â€¢ .lt//)/rk ..6 29.- ' / .* ....... 6,14.10/* / @ //Aâ‚¬ U.1.:.E \ UNIT 1A 6. M. . 1 - - Â¢/ // / 44 CY 1.4/. â€¢r . '54 2/9.49:.I.. 2 1 1 1.1 .1.. - ~it~#2 8 ~ /~ h u' 1.-r A r \ / V 0 I * . kle''C:: // : 22 '4*.11*Uh.A /:v:.:. ,//-LoffÂ» 11\\ ..f UNfAO.E...C' 40:..W 4 2 ~TÂ¥7Â¥y rE,Q~,. 7,73 / \\\\\\ . 1 SCHEMATIC i / i LANDSCAPE - 00-~ // PLAN / r 23 / 4497 Exhibit 2 h ''' WATuto 1 ts,>. 4 Conceptual Landscape Plan/Site Plan L-1.1 24' ~42= E-11824' AV"OVOW ,00'0Â£ 1 M,00 8030 HONVEI 31 VM-Illl S AiNAOO'Nt>Uld INTRODUCTION 1 The Stillwater Ranch Affordable Housing Site jekeÂ¢.: -o... -Â· ./ .. c...Â· ~ ~*4Â·:16/"/1/8/9 is located in unincorporated Pitkin County, southeast of the Town of Aspen and adjacent to .-9 ..29:.t,...:y:, tzi.*il/6.:~ State Highway 82 (see Vicinity Map, Exhibit "1117':. D-i#Â¢* t. imit 1). The property is across Highway 82 from the Eastwood, Knollwood and Mountain Valley .%23.:1#- - .:Jtz.4..23.~111 r A - Subdivisions. The site is 4.179 acres in size :i//':";'#//"""I///,0/:Ill/-- 7 t:-1-Â«41**/Al Jill/'ll and is currently undeveloped. The property was conveyed by the Benedict family to Pitkin County Housing Authority for the expressed 3- . purpose of providing affordable housing. The ..... -I-,failk . property is currently zoned AFR-2. 0% . - . -- . A Pre-Application Conference was held between the applicant and County staff on October 5, 1998, and a copy of the Conference Summary is included as Appendix A. A letter authorizing Aspen/Pitkin County Housing Authority to pursue the application is included as Appendix B. A Bargain and Sale Deed with a full legal description is included as Appendix C. PROPOSED PROJECT The conceptual application addresses the proposed development of a previously subdivided property, known as Lot 1 of Parcel 1 of the Stillwater Ranch Subdivision. The total number of bedrooms proposed for the Stillwater site is forty-three (43): seventeen (17) affordable housing units composed of thirteen (13) three-bedroom units and four (4) one-bedroom units. The proposed category and square footage mix is summarized on Table 1. Table 1 Stillwater Ranch Affordable Housing Development Plan Affordable Housing Category and Unit Mix Bedroonis/ Number Category Square Unit of Units Unit Footage Per Unit One 2 Category 2 988.8 One 2 Category 3 1004.3 Three 6 Category 3 1,427.1 Three 7 Category 4 1,427.1 TOTAL 17 Source: Aspen/Pitkin County Housing Authority, 1999. SITE DESCRIPTION Stillwater Planned Unit Development 1 Subdivision/Conceptual PUD Application twirell,CKOCK ==/ 7 CREEK ~ -46TUDIC) -. .6 Stillwater Ranch is located south of Highway 82 and west of Stillwater Drive in Pitkin County, Colorado. The site is bordered on the north by the Roaring Fork River and on the east by Stillwater Drive. A paved private road is south of the site. An existing dirt road runs from the southwest corner of the property to the river near the center of the northeast property boundary. Dense Aspen groves with a natural grass understory and occasional pine trees cover most of the site. Numerous boulders were observed on the ~ ground surface. Total relief on the site is approximately 50 feet, general trending upward from southeast to northwest. The topographic profile for the site is summarized on Table 2, and a topographic analysis is included later in the application. Table 2 Stillwater Ranch Affordable Housing Project ~ Topographic Profile Slope Beginning End Area Percent ~ Range Slope Slope (S.F.) (%) 1 0 29.99 155,817.34 87 3 2 30.00 44.99 11,520.24 6.4 3 45.00 200.00 11,164.91 6.3 TOTAL 178,502.49 100.0 Source: Schmueser Gordon Meyer, Inc. 1999. A topographic high is located near the south-central part of the site. Ground surfaces slope gently down in all directions from the highest point. Steep slopes in the north and east portions of the site drop down about 10 to 15 feet to a flat bench along the Roaring Fork River. An existing excavation 6 feet deep was located at the south corner of the property. No structures are present on the site or adjacent land to the west. Vegetation on the site is generally isolated to Aspens and native/non-native grasses. EXISTING ZONING AND ADJACENT LAND USES The property is completely surrounded by residential uses (see Exhibit 3 - Existing Land Use Map). The Callahan Subdivision is located to the west, the remaining Stillwater Ranch parcels are located to the south, the Hoag Subdivision is located to the east, and ~ Mountain Valley is located to the north on the opposite side of State Highway 82. Existing adjacent Pitkin County zoning is shown on Exhibit 4, and includes AFR2PD to the south, east and west, and R-15A to the north in the north side of State Highway 82. SITE DESIGN CONSIDERATIONS The proposed project has been carefully designed to respect the physical features of the ~ site, t he existing topography, the presence of the Roaring Fork River and impacts to adjacent property owners. Previous approvals associated with the subdivision limited ~ Stillwater Planned Unit Development 1 Subdirision/Conceptual PUD Application [EEINKOCK Â·'14. 0- \4,94 ater Ranch *S/=AN # - table Hbusing Affat 0 1-9 -- f-7 -V f= r#z u 99-ti 11 44&Land Ude Map 1 LaÂ¥/ .' rd "--2-. - ? , Exhibit 3 4 V. 17 Â« \La Â· 164 'In t 41 3 3Â«7-=f- I# -1 <\ f - 4 /6 ~ Q /f lu j op Y* p <-1 ---2 1 4.3 ' r 1 7 -7Â®QrÂ« 6 28 1 \\ - 4320 y *k ij - 4.324 >)(/0/) s t -1,- ,Â£ A 4~nx\- : Dr ~ 1 Â£--' A. 1 ri.' ~ -1QI~LÂ£.. 1.,#Ii'.1 1 , -01 A Â»U -:r... .-- ~92Â« 2-'..tÂ· - . 1, , Il fÂ«l/ }./ '4 O // 51 - 1 -I 13 0 % r 1 0#4'' cl'*Â¢1 024., U 1 11 4.1.-2* 1:.1 *4 Am=. // ---,4:0~ ../.1 A=:ry?jil <W u.Â£'5/ -5-- 13 r. . b. )37( har Subject Proper@ - I r E--61- 1 I -1 0-1.Al I \ i =â‚¬Â£21 -Elit:-1 .N..1 //'' 7< i~ A 42<. jj 0/ /0 26 \ 14 )6:7 .' 1 4<f tâ‚¬ J:. 1 M .4:~ 1.In 4\ 4 - 1 300,1 .:1.~4:.I CÂ« 0- 1 . .11.El 1 1 %3, 1<41.-d 320* -1 1 1 ill Existing Adjacent Land Use CallahM ~ Subdivyons Bell - ~ Ea,avoid f H.4 Knollwood f";44 #- 1 Mountain Valley Mountain *- MounUn VAy 3 SparovIc Lot Split ok St-odol Sallhuter REd 501Iwiter R.w,ch P,te~ ~= Ute P* \\ Ute Place 1 . 11 /f 1 Public Land ~ ~4.3 - ~1-*5_-~4<.~evifi,ji,8~~ 0.3 Miles ~ -- -- 1 1 Eld Bul r, r N -- - ~ USFS - 1 c#> ls,3. -~~~ 0 0111100001 1> 1 - 71300Â« 4~tillWaJr itan c~ 1=43 %\441,\~ ~41 Affordable H6bsin* I .54==h Â·Â· h f t. hi it y,/ 1 30 0 - # 1 )1* 0- L 1 F~Wi##1-:I'A- -1 AG#.... 1..... 42 r 7 2 4 144 re> 1/p n h C L (2252 4 <21 7 - - :.7/* 1 X94-4 -- f v z 11Â»f 1 ./ /4344:84:=2 4 1 Alim, /4- 4196 - -1, \441\.2# 43 ~1% 4 9 4 It\%:4 Pho 1 '544 -49/ Iu * MpÂ». / 43, - - <53. 4= 15 V -1 0 Fm+qw'* X 1 1 OÂ¢ WtÂ«=--4 [ \<r- Subject Prdperty 4 1---44 # 7=1~ . 42 r~mk. 6 / 3 91\ 401 vt. ~4 - ~ 9/*4'1 ..LA.. 6 3 19 Int, }p, " lef, f \1 :1/14, + 11' \\ rj #4441 -c Jf --P Bell ~ '11 - / \Z 8 U Mountain ~ Existing County Zoning ) 5 3-91 AFSKI U:41 [7-7 AFR10 AF112 PD - -S AH +I -- 9 1 -5.- L- -=,i: 7 J R15 \111 0 ~1 0.3 Miles ~ v_-1 F----1 R15A / \ 0.3 F --3 R30 m RR E-J Parks/Open Space 23 â€ž inunow building height, as well as the placement of any future structures on Lot 1 of the Stillwater Subdivision. The Site Plan proposes 17 units in seven (7) buildings (see Site/Landscape Plan - Exhibit 2). The structures are located in a semi-circular layout to minimize the total land mass consumed by the building envelopes. Significant portions of the site have been left in natural vegetation to soften the development of the site from adjacent properties. ARCHITECTURAL INTENTIONS Lot 1 of the Stillwater Ranch Subdivision/PUD is subject to the architectural controls contained within the protective covenants of the subdivision dated December 30, 1994.1 These controls are summarized below: (i) Architectural Requirements. "No shining or reflective roofs or other surfaces or inaterials shall be used or permitted to remain on any buildings and structures upon Lots 1 and 2, the exterior materials used shall be limited to wood, stone, brick, adobe or Stucco; roofs and trim shall be non-reflectice and non-shining metal; and the exterior colors used on such buildings and structures shall be earth or natural wood to ensure that they are harmonious with the natural surroundings. In order to remain consistent with the standards contained within the covenants, the applicant intends on using rusted, VLI-type metal deck or rusted corrugated as siding and roofing. Exterior siding is composed of standing and running trim of rough-sawn cedar or eastern white pine. Timbers will be cedar or eastern white pine. Elevations and floor plans are included within the map sheets submitted with the application. ADDITIONAL COVENANTS IMPACTING SITE DEVELOPMENT The Protective Covenants applicable to the site are contained within the application as Appendix D. Below is a summary of the applicable portions of the covenants (in ITALICS), and. a summary of compliance by the proposed project (in BOLD). The folloiring Scenic Ouerlay Review conditions shall apply to Lots 1 and/or 2 as indicated: 0) The Building Height on Lot 1 shall be limi,ted to a maxilnum of 20 feet measured from eXiStill.g grade or finished grade, which eueris loujer, to the top of a flat roof or th.e midpoint of a pitched roof. The ridge of a pitched roof shall not exceed 25 feet above existing or finished grade, whicheuer is lou,er. RESPONSE: All building heights for the seven structures on Lot 1 comply with this requirement. Building elevations for all structures are included within the map sheets submitted with the application. ~ Book 770, Page 796, Reception #377682, Pitkin County Clerk and Recorder. Stillwater Planned Unit Development 3 Subdivision/Conceptual PUD Application g-UKOCK ~ *KEEK -"'Im-ST-U DIO .. 1 : ..U,2'*X (iv) The owner of Lot 1 shall submit a landscape plan for review and approval by the Planning Office prior to the issuance of a buildingpermit for any structural i/nprol'ement on Lot 1. The purpose of the landscape plan shall be to reduce the ['isual impact of development of Lot 1 from Sta.te Highway 82. RESPONSE: A Conceptual Landscape Plan is included within the application as Exhibit 2, and a 1" = 20' 24" x 36" blue-line plan is included within the map packet. The landscape plan includes significant areas of natural vegetation to limit the impacts associated with development, focused on the visually exposed areas along the exterior of the area proposed for construction or landscaping. (ii) Exterior Lighting Requirements. With the exception of one entrance light at the intersection of Highway 82 and Stillwater Road, and one outdoor light for the garage or home entrance (unless otherwise required by the Uniform Building Code), access drive and landscape "accent lighting" shall be prohibited on Lots 1 and 2. Low let'el walkway lighting, however, shall be allowed for safety purposes. All exterior lighting shall comply with the applicable requirements of the Pitkin County Land Use Code. No exterior lighting shall be allowed on the north side of any buildings constructed on Lots 1 and 2, or any portion of the second story of any buildings constructed on Lot 2. RESPONSE: The applicant will comply with this requirement, and a lighting plan demonstrating compliance will be submitted at the time of Final Submission. (i) In the event that Pitkin County (or the City of Aspen, upon annexation), hereafter approves an affordable housing use in lieu of a single-fanzily residential use for Lot 1, Bettedict hereby reserves to herself and to her husband Fredric A. Benedict (and following their deaths to their children Nicolas Benedict and Jesse Benedict-Gordon) the right to review and to comment upon prior to the issuance of any buildingpermits, the type, density, location and design of all affordable housing improvements and laitdscaping that Pitkin County (or the City of Aspen, upon annexation) inay propose for Lot 1, subject to the understanding that Pitkin County (or the City of Aspen, upon all/texatio/0 shall hare the final authority in such matters. RESPONSE: In order to honor the intent of the covenants, and out of respect for the Benedict family, the proposed plans have been transmitted to Nicolas Benedict and Jesse Benedict-Gordon. Any response will be submitted upon receipt. All other covenants in place regarding utility requirements and roadway geometry have been implemented by the applicant. REQUIRED APPROVALS Stillwater Planned Unit Development 4 Subdivision/Conceptual PUD Application 7?EllinOCK - )CKEEK -~11!. ....STUDIO 19 ..1/7. Based on the Pre-Application Conference with staff, the following approvals are required for the project: Subdivision Review, Planned Unit Development Conceptual Submission, Rezoning, Growth Management Quota System Exemption and 1041 Hazard Review. The following specific Land Use Code Sections are applicable to the project: 1. Section 3-60 Environmental and Aesthetic Standards 2. Section 3-70 Water Resources 3. Section 3-80 1041 Hazard Review 4. Section 3-110 Improvements and Services 5. Section 3-120 Impacts on Taxes and Management of Necessary Services 6. Section 3-130 Development Exactions 7. Section 3-150.100 GMQS Exemption 8. Section 3-170 Planned Unit Development (PUD) 9. Section 3-180 Improvement Agreements 10. Section 3-190-090 Major Plat Amendment 11. Section 3-220-20 Rezoning Stillwater Planned Unit Development 5 Subdivision/Conceptual PUD Application f2999#KOCK ---â€¢ -'CREEK =Il-- 1Â©TUDIO 19 *%4 -43.- I 21Â»e Section 1 - CODE COMPLIANCE --=.-i----- ---:-1.--- ~95#/#TA'I: ;0*A~J-!~f~L ~30'~ The following section describes compliance with ///1/26</AU,44 1-Â»t__~ 4~ applicable submittal requirements and specific ,/lailmilispa*Elidow<*180':111/TER'llim//imill' sections of the Pitkin County Land Use Code. Direct code references are shown in italics, with a response following each requirement demonstrating ,Â¥e~ + - ..' 6,) 1.1-a~ ~ - compliance by the applicant in bold. (This method ; , Â· .. 2.â€ž-22- M.3 will be followed throughout the remainder of the ----Â·- -1-Af42*41-5-Lit.-1 document). As an introduction to the specific - r- sections applicable to each required approval, the following discussion briefly addresses the policies contained within Article 2 - Land Use Policies. Article 2 - Land Use Policies 1. COMMUNITY BALANCE The domin,ant policy of Pitkin County is to conserve and protect from further degradation the present natural enuironment and its resolt/'CCS. Derelopment which can be accom/nodated within these limits will be managed to maintain a balance between residential, commercial and tourist accolit modations. RESPONSE: The proposed building envelope has been identified during previous Pitkin County subdivision approvals. All conditions of approval that pertain to the prior subdivision process have been complied with. The provision for additional employee housing up-valley from Aspen Junction has been a long-standing objective of Pitkin County since the adoption of the Aspen Area Community Plan in 1993. 2. COMPREHENSIVE PLAN It is the policy of the County to adopt comprehensiue plans for the County and regularly update these plans. RESPONSE: Not applicable to this project. 3. CONFORMANCE WITH THE ADOPTED COMPREHENSIVE PLAN It is the policy of the County to insure that the use and derelopment of land z,Â·ithin Pitkin County and any actions committing such land to deuelopment or a change in lise should consider Pitkin County's adopted comprehensive plans. RESPONSE: Aspen Area Community Plan of 1993 (AACP). The "Housing Map" for the Metro Area in the 1993 AACP specifically identified Lot 1 of the Stillwater Site as appropriate for affordable housing. The site was ranked as "great" for low-density or duplex development based on its proximity to the downtown core, and its relationship to adjacent land uses. Stillwater Planned Unit Development 6 Subdivision/Conceptual PUD Application 17;71,-*KOCK -='9 :CKEEK -1-- ETUDIO 11 t. -41 7~~~~~~~ . I L Aspen Area Citizen Housing Plan of 1993. Other applicable Comprehensive Plan policies that support the project can be found in a joint Resolution of the Aspen Planning Commission and the Pitkin County Planning and Zoning Commission adopting the Aspen Area Citizen Housing Plan as an update to the Housing Element of the 1993 Aspen Area Community Plan (Resolution 98-11, recorded 07/20/98). The "Interim Aspen Area Citizen Housing Plan", which provided the basis for the Resolution cited above, included a series of Goals and Policies directly applicable the Stillwater Project. For example, Criteria 1 reiterates a long standing goal of housing 60 percent of the work force up-valley of Aspen Village by the year 2015. The subject property is directly adjacent to the City of Aspen. Criteria 2 is based on the relative relationship between the proposed site and the availability of transit service. The project is in close proximity to existing RFTA service. Criteria 3 requires that the site for proposed housing development be containable in the sense that it will not tend to promote sprawl and that the development can be confined (or held) within its area. The proposed site plan clearly indicates that the proposed affordable housing component is located within a existing "in-fill parcel" that easily contains the proposed building envelopes within a relatively tight geographic location. The second set of criteria developed within the Interim Aspen Area Citizen IIousing Plan included a section entitled "Other Considerations". Criteria A addresses the requirement that all necessary public facilities and urban services be available to the site. As indicated in the attached engineering report (Appendix E), all utilities necessary for the project are in place or are easily extended onto the property. Criteria B addresses the compatibility of the project with the character of the neighborhood or area. As shown on the Site Plan, the affordable units are isolated from both the State Highway 82 Corridor as well as the adjoining properties. No significant impact is associated with the project. Adjacent land uses include the Shadowwood multi-family development. Criteria C addresses the emphasis of non-automotive transportation through site design that internally and externally promotes alternative transportation modes. Specifically, this criteria poses the following questions to be used in reviewing affordable housing projects: Can the proposed site accommodate an interval pedestrian-oriented desien? Or, ifa specific derelopment isproposed, is the site design pedestrian oriented f Does the internal site design promote alternative, non-automotive transport? Stillwater Planned Unit Development 7 Subdivision/Conceptual PUD Application REICKOCK * CREEK --42_-ISTUDIO Â£ The project has limited the intrusion of the automobile by locating vehicular access and associated parking away from the structures. This method meets this criteria by preserving the public space between the units and the River, as well as limiting visual impacts to adjacent properties. In addition, the project will incorporate public access to the Roaring Fork River. The site offers easy non-vehicular access to employment and recreational opportunities within and around the City of Aspen. Is the site or proposed development plan externally oriented to promote alternative, lion- automobile transport? Is it reasonably accessible to existing and /or proposed recreation/commuter trails, sidewalks and mass transit? The project incorporates a trail link with the Roaring Fork River and is in close proximity to available transit. In addition, pedestrian paths exist directly from the site to the downtown core. Criteria D requires that the site or proposed development plan be visually compatible with its surrounding environment (built and unbuilt) as seen from the public and adjacent private viewplanes. The building envelope defined in the prior subdivision approval as well as the protective covenants cited earlier were based on protecting viewsheds from adjacent properties. The applicant has honored all prior covenants in the design process. Criteria E requires that the site or proposed development plan optimize the site's potential density, considering the maximum density appropriate from a carrying-capacity perspective (including transportation). Prior criteria cited earlier suggest the proposed density is most appropriate for the site. Criteria F requires that the proposed density and housing types must contribute to the overall Aspen/Pitkin County and regional housing goals and needs as identified by the City ofAspen/Pitkin County Housing Office, and/or any subsequently created regional housing authority, and/or applicable local housing policies. As indicated earlier, the provision of additional affordable units up-valley from Aspen Village has been a goal of the housing policies of both Aspen and Pitkin County since the adoption of the Aspen Area Community Plan in 1993. 4. GROWTH RATE: PHASING OF PUBLIC SERVICES AND FACILITIES It is the policy of the County to niaintain and improve the quality of life of its residents. To this end, the County will manage the location and timing of detÂ·elopment in the residential, commercial and tourist accommodation sectors. The prouision ofpublic services and facilities shall be consistent with adopted comprehensive plans. The County shall prohibit the location ofpublic services and facilities that il'ould encourage development inconsistent with adopted comprehensive plans. To insure that growth is consistent uÂ·ith adopted County plans, the County will maintain a GrouÂ·th Management Quota System (GMQS). Stillwater Planned Unit Development 8 Subdivision/Conceptual PUD Application 9'i21 - KOCK SKEEK 3TU 310 RESPONSE: The extension of all utilities are in an existing urban area, consistent with adopted Comprehensive Plans. Since this project is 100% affordable housing, a GMQS exemption will be requested within this application. 5. DEVELOPMENT OR EXPANSION OF SKI AREAS It is the policy of the County to favor the upper mountain expansion of existing skiing areas or new skiing areas without significant base area development over the derelopment of new ~ skiing areas or terrain with significant base area development. The County shall review all proposals for any proposed new skiareas or expansions of existing ski areas for conformance with County goals, policies and regulations. RESPONSE: Not Applicable 6. COMPATIBILITY WITH EXISTING ADJACENT NEIGHBORHOODS It is the policy of the County to insure land use proposals are compatible with existing n,eighborhoods. To this end, the County will provide notification of pending applications l to the affected adjoining property ou'ners, homeowners associations and neighborhood caucus groups. RESPONSE: The prior subdivision that created Lot 1 of the Stillwater Ranch Subdivision included several protective measures to ensure compatibility of the affordable housing project with adjacent residential uses. These measures include a material setback line and limits to the bulk and mass of any future structures. The Site Plan and architectural approach are consistent with these restrictions. 7. CONFORMANCE WITH OTHER LAWS It is the policy of the County to consider whether approval of uses or development of lands ivithi/1 Pitkin County is consistent with applicable laws of the United State of America and tji.e State of Colorado. RESPONSE: The project is in compliance with all applicable laws of the United States and the State of Colorado. 8. NATURAL AND MAN-MADE HAZARD AND RESOURCE AREAS It is the policy of the County to manage the use of lands which are identified as containing Areas and Activities of Local and State Interest (House Bill 1041). The County will prevent any use which may subject any person, use, or resource to natural or man-made ~ hazards. RESPONSE: A review of available 1041 hazard mapping from Pitkin County has indicated that the project is not located within areas and activities of State Interest. Compliance with 1041 requirements are addressed later in this application. Stillwater Planned Unit Development 9 Subdivision/Conceptual PUD Application filE'lgKOCK ~CKEEK 7~CZJÂ©TUDIO .Â« i ..:. Â·.4.3;2.:. .1 9. SOIL, SURFICIAL GEOLOGIC CHARACTERISTICS AND RADIATION It is the policy of the County to discourage land uses and development activities in areas subject to radiation and geologic hazards. RESPONSE: A Preliminary Geotechnical Investigation has been completed by CTL/Thompson, and is included as Appendix F. The report found no conditions that would preclude development of the site. The site does not appear to contain any radiation or contamination that would preclude development of the site. 10. DRAINAGE Itis the policy of the County to preserve the integrity of existing and izatural drainage patterns. Land use and development activities which subject areas to increased potential for damage by Bood, erosion or sedimentation, or increase the potential for water pollution shall be prohibited. RESPONSE: An Engineering Report addressing drainage impacts has been submitted with the application as Appendix E . The report concluded that the project will have only moderate impacts on area drainage. During construction. silt fencing and temporary sedimentation swales will be used to prevent sediment from entering the Roaring Fork River or off-site areas. The site shall be re-vegetated as soon as is practical to control off-site drainage impacts. 11. EROSION It is the policy of the County to prevent the erosion of soil and rock by m,aintaining natural uegetatiue cover and by requiring the reuegetation of areas disturbed by land use or deuelopment actiuities. RESPONSE: As indicated above, the site shall be re-vegetated as soon as is practical to control off-site drainage impacts. A Conceptual Landscape Plan is attached as Exhibit 2. 12. SCENIC QUALITY It is the policy of the County to preserue its natural, rural scenery for the benefit of its residents and the continued viability of its resort economy. To preserve scenic quality, the County will prohibit or require mitigation of the cisual impacts of land uses and development. RESPONSE: The Site is located within the State Highway 82 Scenic Overlay Zone. Compliance with the specific section of the Code is addressed in detail later in this application. 13. AIR QUALITY It is the policy of the County to permit only tha.t development which icill not degrade air quality. Stillwater Planned Unit Development 10 Subdivision/Conceptual PUD Application filEIT"ROCK ~CKEEK -ASTUDIO - <'J f *>4*. 9/4 RESPONSE: The provision of affordable units in the upper valley will reduce the likelihood of long commutes from down valley to reach employment opportunities in Pitkin County. In addition, both transit and pedestrian access opportunities are located within close proximity of the site. The applicant will implement all reasonable mitigation measures suggested by the Environmental Health Department. 14. WATER RESOURCES IMPACTS It is the policy of the County to preserue and protect its present tcater resources, recogitizing the County's semi-arid character and that significant transmountain and transbasin diuersions and the vested rights of senior appropriators in the basin haue materially curtailed the availability of an already scarce water resource. To this end it is the policy of the County that no land use be initiated which would adversely affect the quantity, quality, or accessibility of the County's water resources; or which would occur at the expense of established water-dependeitt agricultural activities; or which would result iii i,icreased salinization of water ,'esources, loss of minimum stream flows, further destrliction of wildlife habitat, or major expenditures to reacquire or redistribute major ivater resources. It is also the policy of the County to maintain a natural vegetative butfer along its surface waters such that the surface and groundwaters of the area are not encroached upon by land uses or other human activities which could cause deterioration of water quality or impair the natural treatment processes provided by meadows and ive tla,ids. RESPONSE: No aspects are expected to significantly impact any water resources. The site plan has been based on a sensitivity to the proximity of the Roaring Fork River and associated riparian habitat. 15. NOISE It is the policy of the Col.lizty to permit only that development which will not genera.te noise u,hich. would adversely impact community noise levels. RESPONSE: Residential development is not considered a significant noise generator. 16. WILDLIFE MANAGEMENT It is I.he policy of the County to identify and protect all wildlife habitat for the preservation of wildlife and prohibit land lise patterns which disrupt such habitat. RESPONSE: A review of both Pitkin County 1041 Wildlife Maps and The Division ofWildlife Resource Inventory System (WRIS) Geographic Information System (GIS) data files do not identify the site as having any significant wildlife habitat. In recognition of the fact that wildlife habitat is fluid, all fencing and domestic pet management shall comply with DOW standards. 17. ADEQUATE PROVISION FOR WATER NEEDS Stillwater Planned Unit Development 11 Subdivision/Conceptual PUD Application -wir'--rocK = 1,EKEEK ---aTUDIO % *9,2.*Czy It is the policy of the County to insure the availability of a water supply of adequate quality, quantity, pressure and dependability for fire protection and support of a proposed land use prior to approual of the use. The County shall require land uses to hook-up to existingpublic systems if sertice is available. RESPONSE: An Engineering Report is included within the application as Appendix E. The proposed building sites for Lot 1 are located within close proximity to existing water distribution mains of the City of Aspen Water Department. Lot 1 is located adjacent to the existing 12-inch line through the Stillwater Ranch in Stillwater Drive. The 12-inch diameter line that traverses the Stillwater Ranch and interconnects to Highway 82 at Stillwater Road was installed in 1987 to provide service to the Preserve Subdivision and to accomplish looping of the water system in the area east of Aspen. Based on the current development plans, the Engineering Report concluded that service to Lot 1 can be accomplished with a short main extension of approximately 155 feet to a fire hydrant adjacent to the entry loop. Fire hydrants exist at the intersection of Stillwater Drive and Highway 82 as well the intersection of Stillwater Drive and Stillwater Lane. A Utility Connection Permit and Water Service Asfreement form has been approved by the City ofAspen Water Department for service connections outside the City limits. This agreement will be updated to accommodate the development of up to 17 units of affordable housing on Lot 1. 18. SEWAGE TREATMENT It is the policy of the County to insure that adequate sewage treatment facilities are auailable to serue existing and new developments. Any proposed system must be shown to be financially feasible considering a reasonable tax base and other legal criteria prior to approval of any land use. RESPONSE: An existing Aspen Consolidated Sanitation District (ACSD) collection main serves the Shadow Wood Apartments and is routed through the Stillwater Ranch property along the Stillwater Road, exiting the north to a collection trunk in State Highway 82. Service to the proposed affordable housing on Lot 1 would involve another short main extension of approximately 161 feet connected to the existing sewer main in Stillwater Road. Depending on the final locations and configurations of the individual structures, most notably "Building G", lift pumps for the service lines may be necessary. Gravity service lines should be feasible for all other structures. Service from the ACSD will require a tap fee surcharge. in addition to the normal tap fee, of up to $2,000 per ECU as a proportionate share of downstream system improvements for any additional customers in the East Aspen area including this project. Stillwater Planned Unit Development 12 Subdivision/Conceptual PUD Application M Pl - ROCK. --"-= CREEK * -STL. 3:0 *247 :,- i 784 2142.1 19. IMPACTS ON ROAD SYSTEM It is the policy of the County to preclude development which generates traffic volumes in excess of the capacity of the County road system or which causes significant service level reductions. RESPONSE: The potential traffic impacts of the project, based on trip generation rates used by the Aspen/Pitkin County Environmental Health Department, are summarized on Table 3 below. As indicated within the Engineering Report, the volume of traffic generated by the Stillwater Affordable Housing Project can easily be accommodated by the adjacent roadway network. TABLE 3 TRIP GENERATION RATES USING ITE1 RATES Land Use ITE Average Reduction # of Total Total Code I)aily Factor Units Trips Trips Trips (Trips) 2 (Applying (No Reduction Reducdon Factor) Factor) 1-Bedroom AH Units 210 9.55 6.5 4 12.2 38.2 3-Bedroom API Units 210 9.55 3.5 13 78.65 124.15 TOTAL 17 90.85 162.35 Source: Aspen/Pitkin County En,uironmental Health Department, 1998. 20. ROAD DESIGN AND CONSTRUCTION It is the policy of the County to insure that new and upgraded roadways are designed, engineered and constructed to minimize enuironmental and aesthetic damage and future matittenance costs consistent with public safety needs. RESPONSE: The existing Stillwater Road is 20 feet or wider, is paved with asphalt and does not exceed 6 percent grade. Section IV, "Road Design Standards" of the Pithin County Road Management and Maintenance Plan, as adopted on February 21, 1997, would characterize the existing Stillwater Road as at least a Class IV "Rural Access" roadway with a capacity of 800 vehicles per day (VPD). Access to the driveway intersection of Lot 1, therefore, is entirely adequate for the proposed units as well as the 15 units of apartments at the Shadowwood complex and the previously platted lots 2,3, and 4 of Parcel 1 and Parcels 2 and 3 of Stillwater Ranch. The intersection of Stillwater Road with Highway 82 is established and has adequate sight distances onto the arterial in both directions. ' institute of Traffic Engineers Trip Generation Manual. yh Edition. 2 The A/P EHD has developed an approved trip reduction factor to calculated trip generation. Stillwater Planned Unit Development 13 Subdivision/Conceptual PUD Application . ROCK CREEK STUDIO -,- Â» The existing bridge across the Roaring Fork River is a steel beam structure with a width of 23.5 feet and appears to be in good condition. Schmuesser Gordon Meyer inspected the existing structure and an independent laboratory, Independent Testing and Inspection Services, Inc. of Conifer, Colorado, provided field verification of the steel material in the structure in March of 1994. Based on the most conservative conclusions of both structural evaluations, and supported by further material testing the steel members, it would be appropriate to operate partially loaded trucks of the largest types over the Stillwater bridge without concern for overloading the structure or damaging the bridge. 21. LOGICAL EXTENSION OF UTILITIES It is the policy of the County to regulate public and private utility extensions. Areas served by such extensions must be found suitable for development in accordance with adopted comprehensive plans and the policies and regulations of the Pitkin County-Land Use Code. RESPONSE: The consistency of the project with adopted Comprehensive Plans has been demonstrated earlier. 22. IMPACTS ON TAXES AND MANAGEMENT OF NECESSARY SERVICES AND FACILITIES It is the policy of the County that new development makes fair share contributions to insure that no reduction in the quality of sen'ices, public facilities or programs provided to the community will result, RESPONSE: As summarized in the attached Engineering Report (Appendix E), all utilities are available to the site. All necessary tap, extension or impacts fees applicable to the project will be borne by the applicant. 23. TRANSPORTATION It is the policy of the County, to encourage transportation programs tchich mi,nimize automobile congestion, promote traffic safety and reduce sources of air pollution. The CounO shall encourage transportation modes u'hich reduce automobile use. Non- motorized transportation alternatices such as trails for bicycles, horses, pedestrians, and cross-country skiers are en,couraged. RESPONSE: The project is located in close proximity to available transit services. Trail connections are shown on the Conceptual Landscape Plan (Exhibit 2). In addition, the site is located in close proximity to the City of Aspen town core. 24. COMPATIBILITY WITH AGRICULTURAL LANDS AND OPERATIONS It is the policy of the County to promote the economic viability of agricultural lands and operations within Pitkin County and to insure that large tracts of land now conimitted to or capable of agricultural uses are preserued. Stillwater Planned Unit Development 14 Subdivision/Conceptual PUD Application Â®513EOCK 3CREEK ~STLJOIO Di > '4 . RESPONSE: The project is located in an area that has already undergone the transition from natural/agricultural uses to urban land use patterns. Therefore, there are no impact or compatibility issues associated with adjacent agricultural operations. A significant portion of Stillwater Ranch has been preserved in pasture as part of the earlier subdivision. 25. COMPATIBILITY WITH HISTORICAL AND ARCHAEOLOGICAL RESOURCES It is the policy of the County to protect sites, structures and surrounding areas determined to haue historical or archaeological significance. RESPONSE: There are no apparent historical or archaeological resources on the site. 26. HOUSING It is the policy of the County to assure the existence of a supply of desirable and affordable housing for persons employed in Pitkin County, senior citizens, the handicapped, and other qualified persons of Pitkin County tcho are itecessary for a balanced community. RESPONSE: The project is based on the application of the County's AH2-PUD process. and will provide affordable housing as shown on Table 1. 25. ENERGY CONSERVATION It is the policy of the County to encourage features iii any deuelopinent which will conserve energy resources and minimize the consumption of energy. RESPONSE: The applicant is pursuing green building technology which will exceed the Pitkin County Energy Code requirements. The applicant is aiming for a 5-star rating according to the EPA's Energy Star Program. 28. COMPATIBILITY WITH PUBLIC LANDS It is the policy of the County to preserve and protect public lands from the impacts of in,com,patible deuelopment by promoting land uses within and nearby public lands which a.re coinpatible with public use of those lands and with the presercation of the natural en u W'oIL ment. RESPONSE: The proposed project is not located adjacent to public lands. 29. ACCESS TO PUBLIC LANDS It is I,he policy of the County to preserve existing access points to public lands and strive to serÂ·,tre neic access points consistent with County and Federal land use plans. RESPONSE: The proposed project is not located adjacent to public lands. Stillwater Planned Unit Development 15 Subdivision/Conceptual PUD Application twiRqKOCK * 1CKEEK ---", 1 -19TL CHO .%/W ...& I 9â‚¬ *14 $ t....4 30. PRIVATE LAND SURROUNDED BY PUBLIC LANDS (INHOLDINGS) It is the policy of the County to promote and encourage the transfer of private inholdings to public ou'ltership with the objective ofpromoting consistent mailage/nent of the public lands to reduce conflicts between private owners and decelopers and the public at large. RESPONSE: The proposed project is not located adjacent to public lands. Stillwater Planned Unit Development 16 Subdivision/Conceptual PUD Application -Fl KOCK SKEEK - I _2>TUDIO .Â· Â·1 Section 2 - ENVIRONMENTAL AND AESTHETIC STANDARDS Section 3.60 ENVIRONMENTAL AND ./18/1.~41 -W..~ AESTHETIC STANDARDS .5 L ;" ~~ ~ *~~ ~ ~~ ~~;~~ 3-60-010 Applicability The en rironmental and aesthetic standards in this section of the Code are applicable to all development including, but not limited to, those applications listed below: 3-60.20 Air Quality 3-60.30 Preservation of Natural Landscape 3-60.40 Scenic Foreground 3-60.50 Scenic Quality 3-60.60 Solar Access 3-60.70 Density Reduction for Steep Slopes (Prior code Â§ 3-601) 3-60-020 Air Quality Land uses shall: A. Not constitrite a direct or in,direct source of air pollution under applicable Federal, State or County regulations; B. Comply with the Pitkin County Code Title III Air Pollution Regulations. RESPONSE: To the applicant's knowledge, the project is in compliance with all applicable Federal, State and County Regulations. The applicant understands that the project will undergo a review by the Pitkin County Environmental Health Department, and agrees to comply with all reasonable mitigation requirements. 3-60-030 Preservation of Natural Landscape A. Grading and Fill Placement 1. The County Ellgilteer and Planni.ng Director m,ust approve all grading and fill placement which exceeds 50 cubic yards. RESPONSE: A Final Grading and Drainage Plan will be provided at the time of Final Submission. Total cut and fill will exceed 50 cubic yards, and Stillwater Planned Unit Development 17 Subdivision/Conceptual PUD Application 75731- ROCK 'CKEEK --E -,STUDIC) will require review by the County Engineer and the Planning Director. A Schematic Grading Plan is shown in Exhibit 5. 2. The Chief Building Official must approve all grading, excavation and fill placement related to specific buildingpermit applications. RESPONSE: Following approval of the conceptual building envelopes, the applicant will submit a drainage and excavation plan for review by the Chief Building Official. B. Design and Construction Techniques: The County Engineer or Planning Director shall suggest and may require design and construction techniques which lessen physical and risual damage to the natural terrain, stream vegetation and other natural features of the landscape. Techniques shall include, but are not limited to: 1. Reuegetation and reforestation utilizing native or similar horticultural material, to be completed during the first planting season a.fter construction; ti,here vegetation is removed, it shall be replaced with vegetation of equal or greater foliage mass; 2. Removing and sacing topsoil prior to any grading or excarating and replacement for rei'egetation; 1 Weed precention., zihich. may include reducing an,inial damage to regetation cover and establishing the animal carrying capacity of the land, as determined by the United States Soil Consercation Service Soil Survey; and 4. Locating and installing utilities in a manner nzinimizing damage to the natural enuironment and scenic quality. RESPONSE: A Conceptual Landscape Plan is shown in Exhibit 2. All re- vegetation will occur during the first planting season after construction. Removed vegetation shall be replaced consistent with applicable County codes. Topsoil removed during construction shall be stockpiled and replaced where practical. The applicant will be responsible for weed control on the site as a component of overall property management . All utilities shall be placed underground to further protect the viewsheds of adjacent property owners, and are located in street rights-of-way where practical. 3-60-040 Scenic Overlay A. Intent: The intent of the Scenic Overlay is to establish a scenic conservation area which includes those lands which are proximate to and most uisible from State Highway 82, Brush Creek Road, Capitol Creek Road, Snowmass Creek Road, and State Highway 133 adjacent to Redstone, with specific concerns for the areas Stillwater Planned Unit Development 18 Subdivision/Conceptual PUD Application -El- -KOCK -==* CREEK --- __BTUDIO 0, r- 1 I. - , , , , - f. 4 i. j L r , ~ T \ r 3/1 -- - / I 10 & -- -- - -Cy' .-I.- J --- / 7. ,Â·-Â·-7 ~ 7-Â·-- - -~"~ ~74 7â€ž * -- 1 *---- 492%316 -- -- ... / 3:-0-1 71/5.697- -/ , g , . -% f / -c- 31- .- -6.. 4- ~// , \ Â·pc) , 7 1 - I - t L--w' X Y \ ~ LOG "G (24 \ 1 - EME <3:- Â· I--7--1 ..01 - t~â‚¬#:14 1300 at FTÂ· / j - -- I - A- Jage, - 4 r 213 - ejwse ~ UV Â· , 7 SUALE OOD,nON - 1 9;Ob f / r / I AIEA APPROX / C ~ ~0 11- 1 4 . . 70, al. n \ 5 -- *. . '-'-.**~~ ~ NL 14% f i 7\ ..%.' I ' 00 1 1 f , 1 - - -3 -fl 01~. -1 f :/f/.. 77 1{- ..9 1 / / UNDIS-7.IRBED -- 1 ,-- Â·:.Al$ ; AkARGE .~ ' ~ i ~OCK /1 1 ' 1/ *Gy , 7 , r L . 7) , . I J . 411** \ "gry C f --1 ../1 Â¥ 1 '.11 //\. f 11 3 . +91 Y 17. 11_ 600~ , 7 0 Â° - - AvÂ· - Wdl~ 1----- s i./F , 1.1 V i / / / // - -- ' '9 I - I / . 4 - // e /1 1 2 k - MV y -N ~r Â· 9,Â¢ 0/9 /' b r PM= CLA.fi/T 1 BLOGi 'C/D- St _ i- . . 300 41 FT. - \1 1 1.... SCHEMAIC /0725 . ra, 1 *.0 - ...L// .-- 1. SIZE WATER SERM(CE INES i - --........ 1 PER MECHANICAL SYSTEM REQUIREMENTS. 0 - ~ UNOISTURBED- - - -- --1 N 2. BUILDINGS A/B, C/D AND E/F ARE TO BED ~ Â· ~ ~ CONNECTED WTH SUBGRADE NECIANICAL / Â·Â·N -- CHASES JO ' 0 3. MV-MEDÂ·IANICAL VALVE I -- -0- 1 5--- I e - - STLLWATER IVE â‚¬-. .,4 - 1 e Â¢9 - 1. 1 '' / LI- . -U--1 . , GRAPHIC SCALE .----5. A -1 \ - = -- Exhibit 5 t inch - 20 1 Schematic Grading Plan NUU- Job No 92049C-06 PRELIMINARY + 2~31 SCHMUESER GORDON MEYER INC. STILLWATER RANCH GRADING (2 0 BER OEWSON DATE' NOT 118 W. Sth Strlt Suite 200 0,0- or TJT FOR bGM Glenwood Sprb,9.1 Co-0 81001 & DRAINAGE OON 10/27/99 (970) 948-1004 (FAX (970) 945-6948) CONSTRUCTION 616fg& Aspe# Colorado (970) 926-6727 SUBDIVISION/P.U.D. PLAN OCÂ· |PE , 3 ' - Elin- I ~* 9W--Snalroding , 194 -11.'t~~O 0H- . W *f'*1 - IN- '1~ No ..aw . - -* AVAAOÂ¥08 lal j 96 Â¥ .Mt,,00069 19 ' Uah:YO /0 AL 1 \13* I04.\L,bM jll.,groJ ing Uâ€¢g lue Ni,Â· 1~, 1,~ 51 19#j |Ii f 4 which constitute the visual entrance "image" and passage through Aspen and Pitkin County. The SCe/LiC Overlay also identifies the need to maintain a natural ridgeline silhouette against the sky and to steer development away from ridgelines throughout the County as uiewed from public roadway corridors. The Scenic Ouerlay corridor is interpreted to insure that these developments are designed to complement the natural landscape and the natural features within the public uiewplane in order to obtain an aesthetically pleasing, rural atmosphere. B. Applicability of Regulations: Development on any parcel of land which falls within or is crossed by the Scenic Overlay on the officially adopted Pitkin County Zoning Maps shall be subject to reuiew to determine the conformance of the development with the evaluation criteria identified below. The Scenic Ouerlay maps include mapped ridgelines, scenic foreground areas and public uiewplanes. Development shall be defined as any construction, cegetation or grading activity which changes the basic character or use of aparcel of land or u,hich significantly alters the visibility of an existing use from a public right-of-way as identified below: 1. Scenic Area: Those areas identified on the adopted Scenic Ouerlay maps. The niapped areas are identified as uiewed from the following rights-of- way: a. State Highway 82 b. Brush Creek Road c. Capitol Creek Road d. Snotomass Creek Road e. State Highway 133 adjacent to Redstone C. Exemptions 1. The specific derelopment or use is covered by a previously issued, valid building permit. 2. All interior remodels which do not change any outside visual aspect of the structure. 3. Lots within plotted subdiuisions approued by the Board of County Commissioners, which have designated building envelopes. 4. Metes and bounds parcels with designated building enuelopes approved after January 1, 1988. This includes parcels u:hich h.aue received 1041 approvals and non-expired vested rights. RESPONSE: The project does not meet the criteria for an exemption. D. Planning Director Sign-Off> The applicant shall demonstrate that development within the mapped Scenic Overlay is insignificant and will not impact the visual Stillwater Planned Unit Development 19 Subdivision/Conceptual PUD Application El!1K0CK - â€¢,CKEEK --Imâ€¢ adISTUDIO %79= 4*.lÂ¥ *212. . quality of the ridgeline or overlay area. Iii this case, the Planning Di.rector may approve deuelopment with conditions upon a finding that: 1. Derelopment cannot be seen from the designated corridors as defined in (B)(1) above; and/or 2. In the case of additions to or remodels of existing homes where cisible deuelopment is thirty percent (30Â°/o) or less of the existing square footage of the structure and is found by the Director to haue an insignificant impact on the scenic resource; and/or 3. For areas not mapped within the Scenic Overlay but included in ridgeline mapping, such development shall not break a ridgeline. RESPONSE: The project does not meet the criteria for a Planning Director sign-off. E. Review criteria for development within the Scenic Overlay ami Ridgeline mapping shall beastollows: 1. Whether the proposed development has utilized existing topography and natural vegetation, such as ridges and hills to screen building to the maximum extent possible. RESPONSE: The site plan has utilized the existing topography to the maximum extent possible. The building envelopes have been nestled into the southern end of the property to minimize visual impacts associated with the river corridor. The structures have been pushed toward the center of the property and significant areas around the periphery have been left in natural vegetation. 2. Whether the proposed development has been designed to complement the natural topography of the land, including, whenever possible and appropriate, the utilization of innovative architectural techniques such as earth sheltered design, natural materials atid coloring, /tolt-reflectability and clustering ofstructures on the least cisible portions of the site. RESPONSE: The site design and grading plan have been designed to limit re-contouring to the maximum extent possible. The materials and architectural design have been driven by covenants recorded with the original subdivision, and are based on utilizing natural materials to the maximum extent possible (see Architectural Intentions discussion in the Introduction). The Site Plan has utilized a cluster approach to minimize impacts existing vegetation and topography. 3. Whether the proposed deuelopment's height and bulk has been designed to avoid, to the maximum extent possible, the uisibility of buildings from the highicay and public uiewplanes. Stillwater Planned Unit Development 10 Subdivision/Conceptual PUD Application Girl- goCK SKEEK I.- STUDIO RESPONSE: The previous discussion of the covenants for the property limit the height of all structures to 20 feet. This restriction has been honored, and elevations of all structures are included within the map packet. 4. The proposed structure shall be placed so it does not break a ridgeline, unless there are no alternate building sites on the lot. RESPONSE: No structures on the site break or "daylight" any ridgeline. 5. Whether the proposed deuelopment has avoided the location of uses on the highest ground or most visible portion of the site as viewed from State Highway 82 and public rights-of-way, identified in Section (B)(1) aboue. RESPONSE: The high point of the property is located near the center of the site, which is the bulk of the developable portion of the site. The supplemental setback contained within the covenants limit the visual impact of the site from State Highway 82 to the maximum extent possible. 6. Whether the proposed development has been located outside of the desigizated Scen ic Overlay, or on a suitable site at the greatest distance possible from State Highway 82 and identified ridgelines. RESPONSE: The property is partially screened from State Highway 82 by the existing structures in the Knollwood Subdivision, and the structures most visible from State Highway 82 have been pushed back by the setback line defined by the covenants. Again, the height has also been reduced by the covenants to limit the impact on the State Highway 82 viewshed. 7. Whether the proposed deuelopment has been landscaped in accordance with the adopted State Highway 82 Corridor landscape guidelines and has preserved natural regetation, to the maxi/num extent possible, including avoidance of derelopment within irrigated meadows. Existing regetation shall be maintained to the lizaximum, extent possible, u'llite using existing vegetation to screen derelopment. A landscapingplan shall be submitted by the applicant and approved by the Planning and Zoning Commission. RESPONSE: The site is located approximately 300 feet from the State Highway 82 right-of-way. The project does not include any irrigated meadows. The Landscape Plan includes significant pockets of natural vegetation to assist in screening the project from adjacent land uses and the State Highway 82 viewshed. Large trees are being preserved where possible. 8. Whether the proposed development's exterior lighting has been designed in such a manner that light. sources, such as facade and landscape lighting, will not be Stillwater Planned Unit Development 11 Subdivision/Conceptual PUD Application **Â¥Â·:44-> ':11#it:34 seen from public rights-of-way as identified in Section (B)(1). In addition, an application shall be consistent with the lighting regulations identified in the Pitkin County Land Use Code. RESPONSE: As discussed earlier, the covenants included significant limitations on lighting for the site. In addition, all lighting requirements contained within the Pitkin County Land Use Code will be adhered to. 9. Landforms and earth mouing shall generally not be acceptable as the sole measure of compliance with these regulations. However, they may be utilized ill conjunction with other site techniques designed into the development plan. These methods may be acceptable when utilized as one of seueral methods to complement and enhance development, rather than as the single device for screening development from uiew from the State Highway 82 Corridor and as mapped. RESPONSE: As shown on both the Landscape Plan and the Grading and Drainage Plan, the applicant is not proposing significant berming to shield the site. A combination of natural vegetation and landscaping has been used to provide screening of the site. 10. Whether the proposed development has been designed so as to avoid, to the maximum extent possible, any Scenic Viewplane identified on the State Highway 82 Corridor Master Plan and Dowil Valley Comprehensive Plan. RESPONSE: The project is not located within either of these study areas. 11. In the case where 1041 hazard areas may be ill conflict with preseruation, of SCe/LK areas, the Board acknowledges that 1041 issues take precedence ouer scenic concerns. These issues shall be reviewed on a case-by-case basis. RESPONSE: Compliance with 1041 criteria is described later in the application. 3-60-060 Solar Access To insure maximum solar access subdiuisions shall: A. Prouide for east-west street orientations, when feasible, based upon relationships to existing connecting roadways, grades, natural features and all other relevant physical considerations; and; B. Be designed to insure the maximum number of buildings receiue sunlight. Locate buildings and vegetation so unobstructed sunlight reaches the rooftop and south wall of the greatest possible number of buildings between the hours of 9:00 a.in. and 3:00 p.m. Stillwater Planned Unit Development 22 Subdivision/Conceptual PUD Application ar-KOCK = -' CKEEK ---_2-13TUDIO (.9..Â¥1 ./32 RESPONSE: The Site Plan proposes a simple loop road network to reduce the total hardscape on the site. The orientation of the road network is restricted by natural features on the site, including the Roaring Fork River to the northeast and State Highway 82 to the east. Even under these restrictions, buildings A. B and C have southern exposure on the "broad side" of the structures. Due to the natural topography of the site, unobstructed sunlight will reach each rooftop between 9:00 a.m. and 3:00 P.m. 3-60-070 Reduction in Density for Steep Slopes The permitted density of development on lands with steep slopes shall be as follows: A. There shall be a reduction in density from that which is allowable in the zone district whenever more than thirty percent (30%) of the total land area of a project is encumbered by slopes of forty-Rue percent (45%) and greater. The gross allowable density of the project shall be reduced by one percent (I%) for each one percent (1 %) exceeding thirty percent (30%) of land area having slopes of forty-fiue percent (45%) and greater. RESPONSE: The AH2/PUD Zone District does not have a typical dwelling unit per land mass calculation, but rather has a sliding scale based on unit type. Therefore, this slope reduction methodology does not apply to this project. A slope analysis is provided earlier in the application as Table 2. Stillwater Planned Unit Development 23 Subdivision/Conceptual PUD Application 73'imEROCK CREEK ~M~-6.-STUDIO d. :ir.. tn - Section 3 - WATER RESOURCES -/4- 3-70 WATER RESOURCES Subsections: ' '3: k 3-70-010 Applicability ,<-32Â·* w Mp, il To, L 1,- 3-70-020 Encroachment or Channeling 1 j -Â«13 ...u/1,/5. ,- ' 3-70-030 Dratitage 3-70-040 Erosion 3-70-050 Groundwater 3-70-060 Irrigated Areas 3-70-070 Irrigation Ditches 3-70-080 Sedimentation 3-70-090 Water Quality 3-70-100 Water Supply 3-70-010 Applicability The water resources standards in this section of the Code are applicable to all development, including, but not limited to, the applications listed in Figure 3-3. 3-70.20 Encroachment or Channeting 3-70.30 Drainage 3-70.40 Erosion 3-70.50 Groundwater 3-70.60 Irrigated Areas 3-70.70 Irriga.lion Ditches 3-70.80 Sedimentation 3-70.90 Water Quality 3-70.100 Water Supply (Prior code Â§ 3-701) 3-70-020 Encroachment or Cha.nneting Encroachment or channeling activities in a natural stream or ziÂ·etland as defined by the U.S. Army Corps of Engineers are subject to the requirenients of Section 404 of the Federal Clean Water Act, and Sections 3-80.40 and 3-80.80 of this Code. (Prior code Â§ 3-702) RESPONSE: The project does not propose any encroachment or channeling activities in a natural stream or wetlands, as defined by Section 404 of the Clean Water Act. Therefore no Corps of Engineers permitting is required. Stillwater Planned Unit Development 24 Subdivision/Conceptual PUD Application GER' ROCK ~CKEEK *Illb... _laTUDIO * 1 3-70-030 Drainage A. General: Development shall provide for: 1. Maintenance of historical flow patterns and runoff amounts to reasonably preserve the natural character of an area and prevent property damage attributed to runoff rate and velocity increases, diuersions and/or unplanned ponding or storm runoff; 2. The unimpeded flou of natural water courses; 3. Adequate drainage for all low points; 4. A drainage system designed to account for an entire drainage basin capable of accommodating nutoff from a proposed deuelopment and, where applicable, the runoff from areas adjacent and upstream; 5. Maintenance of drainage systeins; and 6. Adequate provisions for storage, treatment and remoral ofpollutants which lizay result from del'elopntent. B. Runoff I blames: Runoff coluines and peaks uÂ·ithin a development site and in areas affected by runoff from a site shall not exceed the runoff levels attributable to a site as determined by a professional engineer. (Prior code Â§ 3-703) 3-70-040 Erosion Land uses shall: A. Not cause erosion problems and, if feasible, retain all soil on site; B. Minimize disturbance of natural regetation and soil cover; C. Insure that all cuts and fills are adequately designed and regetated to control erosion as well as stability of the entire mass; D. Inchide adequate provisions for protection of vegetation front fire. E. Insure that natural drainage patterns are preserved and protected from increa.sed water floics which subject existing channels and adjacent areas to increased erosion: and Stillwater Planned Unit Development 15 Subdivision/Conceptual PUD Application 91 El ROCK ~CREEK I-.. -,STUDIC) . fÂ¥ . f %24.. I RESPONSE: Construction of the seven proposed structures on an elevated site within Lot 1 will result in generally moderate impacts on area drainage. Drainage calculations for the project are included within the Engineering Report (Appendix E). Drainage calculations concluded that approximately 1,397 cubic feet of on-site detention volume is required to maintain estimated pre- development off-site flow volumes for the property subsequent to the construction of the proposed housing units, paved entry and parking areas, walkways and landscaping. The engineer has proposed to accommodate this volume with grass detention areas around the site perimeter as shown on the Drainage Plan (Exhibit 6). During construction, silt fencing and temporary sedimentation swales will be used to prevent sediment from entering areas designated as "undisturbed" or traveling off-site. Following final approval of the proposed building envelopes, the applicant will submit a final drainage plan for review by County Staff. F. Preserve natural regetation and soil cover adjacent to rivers, streams, lakes and reserroirs. (Prior code Â§ 3-704) RESPONSE: The Site Plan has been developed with particular sensitivity to the Roaring Fork River with adequate setbacks to avoid disturbance to the Roaring Fork River and associated riparian area. 3-70-050 Groundwater A. Interference with Groundwater: land uses shall not cause undue interference with any critical recharge area or with any major groundwater aquifer. RESPONSE: The project proposes connection to central sewer treatment facilities. No other impacts to groundwater are associated with the project. B. Land Clearing: Prohibit land clearing or grading operations ditring periods of 171axzmum water runoff. (Prior code Â§ 3-705) RESPONSE: Construction shall avoid maximum runoff. 3-70-060 Irrigated Areas Land uses shall: A. Not adversely affect the adequacy of water supplies available for the irrigation of agricultural lands. B. Not adversely affect the exercise of any existing and decreed irrigation water right; and Stillwater Planned Unit Development 26 Subdivision/Conceptual PUD Application 71151 'ROCK ==it 'CREEK ~ -STUDIO ... RESPONSE: The existing ditch and headgate located at the northwestern corner of the site will not be disturbed. C. Insure the preservation of at least ninety-fiue percent (95%) of the acreage historically auailable for human food production, or hay, grain and other feed crops for liuestock. (Prior code Â§ 3-706) RESPONSE: The property has not been used for agricultural purposes in the recent past. 3-70-070 Irrigation Ditches A. Access: Grant access to irrigatiotz ditches to ditch owners and to the public if a ditch is to be or is part of the Pitkin County Trails System. RESPONSE: The ditch easement was part of the earlier protective covenants. Access to the Nelly Bird ditch headgate will be preserved. B. Building Locations: Construct buildings uphill of irrigation ditches unless a ditch is culcerted. C. Flood Irrigation: Design land uses to avoid flooding problems from flood irrigation. D. Basements and Soil Absorption Sewage Disposal Systems: Place basements and soil absorption sewage disposal systems in locations where they will not be inzpacted by flood irrigation or seepage from irrigation ditches. (Prior code Â§ 3- 707) RESPONSE: All structures are proposed to be constructed upslope from the existing ditch. The proposed building envelopes will have no impact on the existing ditch or headgate. There is no active flood irrigation in the vicinity of the project. Basements are not currently planned for the project. The project is proposing central sewer facilities, so no ISDS impacts to groundwater are assoc iated with the project. 3-70-()80 Sedimentation A. Control During Construction: Provide adequate sedimentation control throughout all phases of construction and development. B. On Site Retention: Retain sediment produced by soil disturbances on site where the disturbance occurs and prohibit run-off into streams and lakes. C. Reregetation: Reuegetate clearing and grading as soon as possible. (Prior code Â§ 3-708) Stillwater Planned Unit Development 17 Subdivision/Conceptual PUD Application liF=:1 -.ROCK SKEEK -=I -STUDIO I 1. ~I'..Â·:L/*% *:Â¥ Â¥ Â· st; ty> . - 1 14 %+ I- -*.% , 0 %- -.-~- 16 7- ---7----\ - 4,, f ' - N / . 4 \.1 0443. 16 --r g < -%1- 947- - -- -- ......... -- K 1 4644 71 1. 1 . I - ~ /~uG -G ' .i:di .// /, A , f - *i 1 1/ L_Ly - / ./ I i- , 4Â»281 '0000Â£ rr. i 'A ' .1 . & / 6 ... '' / - 1 UV ' .-- .0 7 S=ALI DETDITI~ - 3 , , - - I L 1 2% IN , --t 700 CU FT Â·Â·Â· -' - AL I:\ -9 . \3 .f/ . -\ , . 0 - 1-1 ~ ' EF I 8, -t . I '. -4 -Ij. - el / ,/ . . .je /â‚¬ - . 1 , , * : /Â¥. 1 Ll // // 1.4 - ,- ...A./. I \ 0/ , / gov /1 \ 0 ~ ( UM*SmREED Â·, 1 J Â·. x v . 7 h,~ , :'. .t 3 '463 2. 70-2 4 / 1/ W , . 0 1 1 /-/ , . 89 \ --7 d - ' / 4- , 40 , 64 -r- I . 7 - , B G E/F ' ' A 1 4 t' - ...Â·--1-._- . .. Ov .. , 4 UV 2 3 9. / Uk . 1 -tr .4' 9 , / 1 ----Ii-~- 12--%. 1 Â£. 1 , \\4 221~' ~ All- \ \5 -n \ / Â· . - f M 0101 t 4%44 .' -il / I ' #v I i- ; I . I. 8 iD 1/- .~-I'Il~l. P.C 1/ .ENDA.Trainek --- - 1 . /% A- A-01 7- i ... - ./4........... . 0 SC./.IC NOTES: ' - I , 2--- . --*1 1 9ZE â€¢ATER SERÂ·â€¢CE UNES PER WECHANICAL SYSTEM REOUIRD,EMTS. ~ ,- 2- BUILOINGS â€¢/B. CA AND E/F ARE TO I A ~ h r '' u,â€¢o,STURBE- - _ .----r -- CO~ECTED Iâ„¢ SUBGRADE ~O4ANICAL ~ 0-- CHASES N ./ Â·Â·Â·9' - / -- 0 , - â€¢*I VAL.f 0 - -Ii---- y. -riI-W --/ 1 - / k l 5 - - I / R - ST LLWATER DRIVE 4 4:952 C' . 1// I C>). 1 GRAPHIC SCALE /7---1.. h.._ %-IMI/1 . - 1 Inch - 20 fL Exhibit 6 Drainage Plan NUM- RE,FWON DITE BY GRADING PRELIMINARY f~ SCHMUESER GORDON MEYER INC. STILLWATER RANCH BER -0 - 92049C-06 ' k NOT 25(; '18 W erâ€¢ Str-. Suite 200 0'0- aye JT (2 1 FOR M. - eu-5nll- Gionwood Springs. Colorado 81801 & DRAINAGE 10/27/99 (970) 948-1004 (FAX (970) 945-5848) CONSTRUCTION ===6 AIpâ€¢,Z Colorado (970) 925-0727 SUBDIVISION/P.U.D. - PLAN OC lotÂ· OF 3 1 - 64.- - : TRA ~Ul.'I Â·-i~ # '- I â‚¬4 IM(I- 'll .' CU/'~~, .Ar. '~-â€¢-j V~, MÂ»~ AÂ¥#ACÂ¥08 7 5 i t,L Â¥ .41'.00/65; N UWN .140 .01 1 11,9272.149\L\BM /11,11'â€¢ling.a.g lue N[i. JO 12 51 52 19Â·/9 13! RESPONSE: The applicant intends on complying with all sedimentation requirements promulgated by Pitkin County. During construction, silt fencing and temporary sedimentation swales will be used to prevent sediment from entering areas designated as "undisturbed" or traveling off-site. Following final approval of the proposed building envelopes, the applicant will submit a final drainage plan for review by County Staff. 3- 70-090 Water Quality Land uses shall not interfere with the designated uses of it'ater resources as represented in relevant portions of the Water Quality Management Plan for the Roaring Fork River Basin (Wright - MeLaughlin Engineer's May, 1974), the 208 Water Management Plan and the State regulations. (Prior code Â§ 3-709) RESPONSE: The project has no impact on the above cited studies. 3-70-100 Water Supply A. Adequate Water Prouisions: Land uses shall meet the requirements for adequate provisions to meet water needs as established by the County Enuronmental Health Departme/Lt. B. Ne w Water Rights: If a land use proposes to rely upon use of neuÂ·ly appropriated water rights or the change of existing water rights, adequate evidence of 1.cater rights availability, as based upon a Judgment and decree entered in an appropriate Water Court proceeding, shall be required. (Prior code Â§ 3-710) RESPONSE: Domestic water rights are not applicable to the project. The project will be served by the City of Aspen municipal water system. Stillwater Planned Unit Development 1% Subdivision/Conceptual PUD Application WEINROCK -â€¢~CKEEK .....z-JTUD|O 'iw.41 ,.. Â· ~0~. d Section 4 - ENVIRONMENTAL HAZARD AREAS -_.km-zty'*i==M=*It-- 1-1/,fat I 1WL- =Z~ %4 4+~ 3-80-040 FLOODPLAIN HAZARD AREAS 80.30 and the Pitkin County Floodplain Regulations, the standards iii this section apply to mapped floodplain hazard areas as depicted iii the ~14. t.. .iÂ» 11 Federa.1 Emergency Management Agency (FEMA) Flood Insurance Rate Map, National Flood Insurance Program (June 4, 1987) and areas later found to be in flood hazard areas. Where the 100-year or intermediate regional flood has not been established, this regulation shall apply to all lands trithin an area which is twenty (20) horizontal or fiue (5) vertical feet (whichever land area is greater) from the existing high water line on any riuer, stream or materiat drainage channel. A. No development, use, fill construction, excavation, embankment, or alteration on or over any portion of the floodplain shall be permitted which would result in any of the following: 1. The storage or processing of materials that in times of flooding are buoyant, flammable, explosive, or otherzeise potentially i.njurious to human, animal or plant life. 2. The disposal of garbage or other solid waste nzaterials. 3. The human occupation of structures either fixed or mobile, permanent or temporary. 4. Substantial solid debris being carried dolinstream by flood waters. 5. Any obstruction which would impair the flow or storage capacity of a floodplain so as to cause foreseeable damage to others either li'ithin or outside of floodplain boundaries. 6. A substantial increase in sedimentation or eroszon. 7. The infiltration offloodwaters into on-site water supply and wastewater disposal systems which would impair their functioning or pollute the stream. 8. Damage to or destruction of aquatic ecosystemsâ€ž including but not limited to, wetlands and riparian habitat areas. RESPONSE: All of the proposed home sites are well outside the 100 year flood plain. The flood plain is shown graphically in Exhibit 2. Stillwater Planned Unit Development 19 :721-TOCK Subdivision/Conceptual PUD Application CREEK a - _LaTUDIO B. The following uses shall be permitted in a /Zoodplain area to the extent that they are not prohibited by any other regulation and they comply with the guidelines set forth iii 3-80.40(A). 1. Agricultural uses such as general farming, grazing, truck farming, forestry, sod farming and wild crop haruesting. 2. Public and private recreational uses, such as parks, natural swimming areas, golf courses, driving ranges, picnzc grounds, wildlife and nature preserves, game farms, shooting, preserues, target ranges, trap and sheet ranges, hunting, fishing, skiing and hiking areas if such uses do not cause concentration of people in area.s during high hazard probability. 3. Bridges or other structures for irrigation, drainage, flood control or water diversion may be allowed upon approval of plans and specifications by the County Engineer and Planning Director, provided they are ellgineered to prevent blockage of drainage channels during peak water flows and their placement does not result iii the loss of wetlands or riparian areas. If the County Engineer or the Planning Director denies the plans, the project is required to be reviewed pursuant to the procedures in Section 4-60. RESPONSE: The project is proposing no activity in the 100-year floodplain. A public fishing access is the only encroachment planned for the floodplain. 3-80-050(C) POTENTIALLY UNSTABLE SLOPES 1. Development is prohibited on slopes greater than fifteen percent (15%) unless a specific decelopment proposal is found to result in a site design that creates less impact than if the decelopment was limited exclusively to slopes of less than fifteen percent (15Â°/o). Ill the event that a development proposal ittilizes slopes in excess of fifteen percent (1 5%) or if a development site is comprised exclusively of slopes which exceed fifteen percent (15Â°/0), design, and development shall be based on a detailed site analysis, including geologic and engineering studies to identify the best development area based on the following considerations: a. Adequate mechanical support shall be provided for cut slopes. b. Adding water which may decrease slope stability shall be avoided. c. Adding iceight to the top of the slope shall be avoided. d. Disturbed slopes must be contoured so that they can be reuegetated. e. Steepening of existing slopes shall be auoided. Stillwater Planned Unit Development 30 liEI 1<OCR Subdivision/Conceptual PUD Application CKEEK --m .Â·STUDIO f. Confine cuts, fills, grading and excavation to the minimum area needed for construction. RESPONSE: All proposed development is on slopes of fifteen (15) percent or less, with the exception of isolated encroachments in relatively small areas of natural rises. A Slope Analysis is shown on Exhibit 7. 2. Development is prohibited on slopes greater than thirty percent (30%), except as permitted hereill. a. Exception for Minor Changes in Slope-Development may be permitted on lands that haue a slope in excess of thirty percent (30%) when the slope is due to the presence of a minor natural or man-macie change in the gradient of a continuous slope, prouide the following conditions are met. 1. Not Subject to Instability-The applicant demonstrates that the slope's ground surface are not prone to instability or failure and that the proposed derelopment will not cause greater instability or increase the potential for slope failure. 2. Compliance with Other -Regulations-The applicant demonstrates that deuelopment on slopes in excess of thirty percent (30%) does not in,crease ristial, wildlife or wildfire impacts, or compromise or con/Zict with other policies or standards of the Land Use Code. In the event that there is no area on a site with slopes less than thirty percent (30Â°/o), and/or the development proposed does not comply with the criteria of Section 3-80.50(C)(2)(a) as determined by the Community Deuelopment Director, and a development application is subsequently denied, an applicant may petition the Board of County Commissioners for considerationpursuant to Section 3-290 of this Code. If a.n appeal is granted by the Board and the derelopment is permitted, an application shall be reviewed according to the criteria iii section 3-80.50(C)(1). RESPONSE: There is no development proposed on slopes thirty (30) percent or greater. 3-80-070 W[LDFIRE AREAS B. Low and Medium Hazard Wildfire Areas: If the development proposal is located within any of the following areas: 1. Areas designated as "A - Low Hazard: Trees and Grass", "B - Medium Hazard: wildfire hazard on Pitkin County's adopted wildfire hazard area maps. Stillwater Planned Unit Development 31 Bi':107.ROCK Subdivision/Conceptual PUD Application CREEK --L laTUDIC) 2. Areas that are not mapped but are identified by the Colorado State Forest Seruice and/or the Pitkin County Sheriff s Departments as areas containilig "A - Low Hazard-Trees and Grass", "13 -Medium Hazard: Trees" wildfire hazard. 1 Areas that are incorrectly mapped and are identified by the Colorado State Forest Service and/or the Pitkin County Sheriff's Department as areas containing '91 -Low Hazard: Trees and Grass", "B - Medium Hazard: Trees" wildfire hazard. 4. Note: In all cases niapping will be field verified by the Colorado State Forest Service or the Pitkin County Sheriff's Department. Or if an appeal of a project denial in a "C - Severe Hazard: Trees" or "X - Setere Hazard: Brush:" wildfire hazard area is granted by the Board, then a deuelopm.ent application shall be reviewed according to the following standards: C. Mitigation Standards 1. Location: a. The building enrelope shall not be loca.ted in draws, canyons or on slopes greater than 30% 2. Defensible space: a. The area around the structure shall incorporate landscaping with zildfire defensible space considerations as follows: NOTE: Actual uegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns haue already fulfilled these conditioits. 1) Brush, debris, and non-ornamental vegetation shall be removed upith,in a minimum 1 0 foot perimeter around the structure. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around a structure built on flat ground. (For greater slopes ref. CSFS Safety Zone chart. Page 13, Wildfire Guidelines For Rural:, Homeowners). 3) Spacing between clumps of brush and uegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. Stillwater Planned Unit Development 32 Â·-MEINFOCK Subdivision/Conceptual PUD Application ~ "CREEK - .~STUDIO 0. 1 7 /<0 4Uwater lanch -< '~10/ble H~sinJ#, , Sid.Haza~MaD 1 5 :1 > 6. \ -397 -- --I== ./7 - 9 th.2, 1 1 .b-===- .0-11- -1 1 9/ukâ€ž Crea- 135, /.2 - 77 -2 4 101: . 9 i OiLL.1 L Â« 4 -- 442/ \4~ 1. 1 / fi T%1) w 44 L 96 1 Â« P Â» 2 e. R. /9 \4 J L icÂ»552 -9 . U . gAR#*12Elia) 9 Â»:4, i Fr f %71 11Â» 1 -- -4 1?r:=9% P==294 - C FA PL 1 -1 /rk I 1 104%39 S ...4, A c 441 %,i W*7 01 11 ~ 3 1* p_ht 1 66 14- | Subject Property * ~ t.. 5 1~44 .S= 40 - #.Â·Â·g=- - WL. 1 42* 0 fl. 7 Â« /r-0 1 ./7 1 1 , 1 33 f 1 j t 0* 1*11 4 1 120 ta it 4~ 0.3 ~1187 - - - Slope less than 300/0 Slope between 30% and 40% t N 1...44 4 Mi~, I Slope greater than 40% ~--,~7 edi 4) All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 1 0 feet above the ground and removal of ladder fuels from around trees and brush. 5) Tree crown separation within the 30 foot perimeters shall haue a minimum of 1 0 feet between the edges of the crowns. This does not apply to mature stands ofAspen trees where the above recommendation for removal of ladder fuels haue been complied with. In areas of aspen regeneration, the spacing guidelines shall be followed. 6) All branches which extend over the roof eaues shall be trimmed and all branches within 15 feet of the chimneys shall be remored. 7) The density of fuels within a 100 foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 8) All deadfall trithin the 100 foot perimeter shall be remoued 9) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 3. Structural Design and Construction Requirements. a. Roofing: 1. Roof construction shall be Class A, 11011-Combustible (no wood shake/shingles) nzaterial with no flat roots. b. Vents. 1) Vents shall be screened with corrosiue resistant uire mesh with mesh 1/4 inch maximum. 5. Maintenance: a. Roofs and gutters shall be kept clear of debris. b. Yards shall be kept clear of all lifter, slash, and Bam mable debris. c. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away front any structure, d. Weeds and grasses within the 1 0 foot perimeter shall be maintained to a height 11Ot more than 6 inches. 6. Miscellaneous: Stillwater Planned Unit Development g.,r-KOCK 33 Subdivision/Conceptual PUD Application CREEK .STUDIO ./9 %547 a. Firewood/wood pdes shall be stacked 6n a parallel contour a minimum of 15 feet away from the structure. b. Swimming pools shall be accessible to Fire Department vehicles c. Fences shall be kept clear of brush and debris. d. Wood fences shall not connect to the structure. e. Any outbuildings or additional structures shall adhere to the saine standard as structures. f Fuel tanks shall be installed underground with an approved Container. g. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space cegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistiue construction on the exterior side of the walls. h. Each structure shall have a minimum of one 10 pound ABC fire extinguisher. i. Addresses shall be clearly marked with 2 inch non-com.bustible letters and shall be visible and installed on a 110/1-combustible post. 7. Access: a. Access roads shall be built to County standards; however, these standards may be increased to mitigate Lcildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriff's Department or local fire protection districts. Where feasible, looped routes of access/egress to the nlain artery/hi,ghway shall be incorporated iii the project desigit. Looped routes of access/egress is defined as 2 or m,ore dedicated access roads to the niain artery/highway for uidely separated ti1gress/egress: Zooped drires with one entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Board may approve rehicular turnaround areas a maximum of 750 feet apart installed between the road intersection and its terminus. Turizaround areas shall be the same standard as cul-de-sac turnaround pads; these may be incorporated into the proposed driveway entries. b. Dead-end Streets (not cut-de-sacs) shall not be permitted. c. Cul-de-sac turn around pads shall have a minim unt of a 30 foot driceable surface inside turning radius. Stillwater Planned Unit Development 34 rwi El IZOCK Subdivision/Conceptual PUD Application SKEEK =4 'STUDIO LA: 9--*=mre-, . d. The driveways and access roadway shall enter the roadway at a ninety degree angle for the first 25 feet of the driueway. e. Fuel breaks shall be incorporated into the roadways of the subdiuision for 100 feet on each side of the roadway. (For greater slopes, reference CSFS Fuetbreak Guidelines For Forested Subdiuisions). NOTE: Actual vegetation manipulation to meet this condition may not be necessary where the natural vegetation patterns haue already fulfilled these conditions. f. Access roads shall be built at a minimum to County standards; however, these standards may be increased to mitigate wildfire hazards based upon comments provided by the Colorado State Forest Seruice, the Pitkin County Sheriff's department and the local fire protection districts. 8. Water Supply: a. When access to a public or private pressurized water system is not arailable or if it is necessary to augment fire protection water systems, private ponds may be used if approved by Pitkin County and the local fire protection district. b. Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicle from the exterior of the structure through a Fire Department approved mechanism (sitch as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district with a minimum of 1 000 gallon storage capacity per structure. c. Residential structures located within areas identified as containing "C - Severe Hazard: Trees" or "X - Severe Hazard: Brush" wildfire hazard shall be required to install in-house sprinkler systems which meet the standards of the local fire protection district and the Uniform Bitilding Code. 9. Utilities: a. Utility lines shall be buried. 10. Additional: a. Additional recommendations from the Colorado State Forest Service, the Pitkin County Sheriff's Department and the local fire protection district may be incorporated into any conditions of approval as necessary to mitigate wildfire hazards. (Prior code Â§ 3-807) (Ord. 97- 16, Amen,ded, 04/ 23/ 1997) RESPONSE: The property rated "low" as a wildfire hazard area. Therefore, no mitigation is required. Based on conversations with Aspen Stillwater Planned Unit Development 35 28 m s'- Subdivision/Conceptual PUD Application SKEEK = - - -6-TUDIO District Fire Marshal Ed VanWalraven during the subdivision process for Parcel l, any buildings constructed within Parcel 1 in excess of 5,000 square feet will require internal fire suppression sprinklers. Mr. VanWalraven also indicated that the existing fire hydrant on Stillwater Road is adequate to serve Lot 1. As previously indicated. the applicant will provide for the presence of an additional hydrant. 3-80-080(G) RIPARIAN, SHORELAND AND WETLAND AREAS G, Riparian, Shoreland and Wetland Areas: Deuelopment shall be prohibited within Riparian, Shoreland and Wetland areas with the exception that bridges, roads, utility crossings and other structures such as irrigation devices may be permitted upon a finding that there is no feasible alternatiue location and that any impacts will be adequately mitigated. In the euent that there is no hazard-free area on a site and a development application is denied, an applicant may petition the Board of County Commissioners for consideration pursuant to Section 3-290 of this Code. RESPONSE: No development is proposed for areas defined as Riparian, Shoreland or Wetland areas. Stillwater Planned Unit Development 36 -1'Rl ~FOCK Subdivision/Conceptual PUD Application CREEK -*TUDIO r-- 11& - -, m..,h,, 1/17 1- 1 Section 5 - IMPROVEMENTS AND -t"lum#"1Â£'Bili#/MTSVJililili,illifialli-/8$Idigilitlill SERVICES ~G,Aris~ CA~iFli~,5**~~5-~.~. 3-110-010 General 4, =rlk * ' 11'T.4 4 F W J This section of the Code establishes standards for the ' 1 1% 4- r iniprocements and serrices listed V ./ i J,1 F , I ./ In this section. Logical Extension of Utilities Water Distribution Systems Water Supply Systems Sewage Treatment and Collection Public 0-tilities Roads Parkbitg Trails Lighting Signs (Prior code Â§ 3-1 1 01) 3-110-020 Logical Extension of Utilities A. Applicability: The standards in this section are applicable to all major utility extensions within areas not presently serred by major utility lines. B. Consistency with Land Use Polices, County Master Plans and Utility Seruice Plans: The Land Use Policies ill Article 2, applicable County master plans and utility serrice plans, shottld be Considered when reviewing litility extensions. C. No Adopted Master Plan or Utility Service Plan: In the absence of an adopted master plan or service plan,utility extensions shall be consistent with the Land Use Policies iii Article 2 and tlte standards iii this section. D. Suitability of Area The area to be serued s}lail be suitable for the type and amount of deuelopment necessary to support the service or is likely to result from the extension. E. One Time Installa.lion: Design and install properly sized utility lines to serve the ultimate population of a service area and avoid future land disruption to upgrade undersized utility lines. F. Coordinate Utility Line Extensions: Postpone the extension of a. sole utility line until a ftill range of izecessary services and utilities are offered rather than wicreasing the size or munber of areas to which some izecessary services and utilities are procided and others are not. Stillwater Planned Unit Development 37 -ii;FIRKOCK Subdivision/Conceptual PUD Application ;CKEEK -1â€¢-..asTUDIO 1. *; 3.19 4 - G. Auoid System Overloads: The volume, nature and timing or the use of an extension shall not result in ouerloads on other components of the same system. H. State and County Standards: Extensions shall meet applicable State and Pitkin County engineering standards. L Colorado Public Utility Commission Approval: If applicable, the Colorado Public Utility Commission shall approue extensions prior to installation. (Prior code f 3- 1102) (Ord. 98-06, Amended, 02/ 11/ 1998) RESPONSE: Consistency with approved Master Plans and Article 2 of the Pitkin County Land Use Code has been demonstrated earlier in the application. Extension of utility lines to the site will not promote or encourage additional development in the area due to the urbanized nature of adjacent lands. All utilities will be installed during a single construction phase. All State and County Standards shall be followed during installation of all utilities. No Public Utility Commission approval is necessary for this project. 3-110-030 Water Distribution Systems A. Applicability: The standards in this section are applicable to all water distribution systems. B. Water distribution systems shall comply uith the applicable procedures and specifications of the State and Local Health Departments and the fire district serving the area. (Prior code Â§ 3-1103) RESPONSE: The proposed water distribution system is consistent with all applicable State and Local Health Department standards. Fire District recommendations have been cited earlier and will be followed during construction. 3-110-040 Water Supply Systems A. Applicability: The standards in this section are applicable to all Luater slipply systems. B. New water supply systems shall demonstrate to the satisfaction of the Board of County Com,missioners: 1. That there is no existingpublic or pricate district or system which will provide the service. 2. Ownership or the right of acquisition or of use of existing or proposed water rights sufficient in quantity, quality and dependability to serue the proposed use; or an adequate legal commitment made by public or private water owners to supply the proposed use with water of adequate quantity, quality, dependability and pressure; Stillwater Planned Unit Development 38 121ElrROCK Subdivision/Conceptual PUD Application - CREEK =Fli .. .STUDIO 4~Lah- -7- ;/TI --~ 1. - %- l J 30' ACCESS AND UnUTY EASEMENT -- 1 --~--9.--- . ~ 4 / izEc,Ay(1-12----- - -_-73----- --- 41 4 d \ - -4- 5 * --F-7--- Râ€¢ - 80110 "'V - 80=90 1 1% ~- &---- r - _Lk)G ,(1-szl U + , I 1 -- SANITARY SEWER IÂ« 0051.0 ~-----1~-fOR BLDG -G- \ r nuo r \ M v 41 1 1 14 5 1 .v ML /1-1 - - / -. /./ M-- -7Â«r-/L Â£ G.V. 99 - j --/ Â®SAN / 1 1 - , \ 9, | 4 -1 L- \.1 1/ -~ 4ko_j-Fep. ~Le-<--Â»p 1-4-iif --------f . I 1 1 U 3 - GAS AND WATER 9 - .-- t W X REDUTB~ BLOG E,4- SERVICE UNES IN A 3 m SHARED TRENCH t - U V N T A i ELECTRIC. TELEPHONE /4.7 / lit< , 1 i ~~ge[1~ IN A 1 1~111 \ 1 \ / T SHARED TRENCH ~ 0 li t ... 1 Tz-1 L--1 \ 1 , / I. . 111 r. - 1 \ 9 -/ 1 , / 1 \ 11/1 4 \\ i h MV # - 1 /1 BLOGI~CA)Â» -n' ..91 \\ \ \ %)T < f -----4~2 \3-1=4 ;IKs#I-~ X \ r 01 1 j 10 .05.- \ \ ./2/// /.// f&/ , 1-Â· 501EMAK NOTES. 3 # 1 ~L-Â£_ - tr /1,&2 1 SIZE WATER SERVICE INES Dasâ„¢G Sh,1 69 / 2 ~~ELE EKNW~~~~T~ Iv - 8021.30 â€¢ R- - 8024.00 //// 1 CONNECTED MTH SUBGRADE MECHANICAL. < - CHAIS ~ _- -\ L-. 1 I.-MECHANICAL VALVE 3 --- EX/5 UNG ELECm/C ~ ~ -I ----=LL--*-Ii-115/-~- j *Il-- 0- -Ill-./.-- --- --25$.- CT,; ETC CTC [rc ETC rtc ETC--zill- . -00 -00 -Fc PAUL T - *-00 - L.* STILLWATER DRIVE *--T -.- 1 BRIDGE 1 - 18032.50 .V-,02160 es.4 - -//// lli0l < *1,1 - 002&00 7/7 IN ' - 802130 GRAPHIC SCALE 1 4 Exhibit 8 ~ Utility Plan 1 looh - 20 / PRELIMINARY 299232 SCHMUESER GORDON MEYER INC. STILLWATER RANCH " REWSIN CATE BÂ¥ NUM- Job No 92049C-06 NOT SGM -- 118 W. eth Stralt. SUt. 200 Cl 1 FOR Glenwood Springs. Colorado 81001 SCHEMATIC C*.,Ii by: TJT (070) 946-1004 (FAX (970) 048-5948) CONSTRUCTION 4%&<j& AmpÂ®Q Colorado 1970) 025-0727 SUBDIVISION/P.U.D. UTILITY PLAN f 1 1017/99 OF 3 ~\ ' 6.'It -*-~~@apace. BA,-SnllunL .* . 0, ./.. 'w,w Il - .... I ,sr~ 0/0 ./ AÂ¥*0Â¥08 lung 1 \1992%9,564,3 'C jâ€¢ bl hlil l dâ€¢lj [ue hui ju 11 3 j t.2 1'7,9 1,1 3. Legal capability to accomplish any changes in the uses or points of diversion of such rights with quantities and dependability necessary to serve the proposed ilse without material injury to rested water rights; 4. Adequate physical facilities or necessary financial and technical resources and legal commitment to construct such facilities for raw water, storage water treatment, treated storage, distribution and water pressure maintenance adequate to serre the proposed use; and 5. Commitments of financial resources itecessary to extend such service to the proposed use and to adequately maintain and operate the system. RESPONSE: A twelve (12) inch water line exists which serves the Stillwater Subdivision. A one hundred fifty-five (155) foot extension of this line to the Stillwater property is proposed. The applicant is pursuing a revised WSA with the City of Aspen to obtain additional ECU's necessary for serving the property. 3-110-050 Sewage Treatment and Collection A. Applicability: The standards in this section are applicable to all sewage treatment and collection systems. B. Connection to Public Systems: All derelopment shall connect to a public sewage disposal system if located uithin a public system's seruice area and service is at'ailab le. C. Private Sewage Systems: In the event a site is located outside the boundaries of a public sewage disposal system service area or service is not available, a private system may be utilized. D. Design Standards: Public and private sewage disposal systems and connections to such systems shall comply uith the sewage disposal guidelines of Pitkin County Code Title X. (Prior code Â§ 3-1105) RESPONSE: An Aspen Consolidated Sanitation District (ACSD) collection main exists which serves the Shadow Wood Apartments and is routed through the Stillwater Ranch along Stillwater Road. A one-hundred sixty one (161) foot extension would connect to the main. 3-110-060 Public Utilities 4. Applicability: The standards ill this section are applicable to the installation of all public utilities. Stillwater Planned Unit Development 39 1*921 --ROCK Subdivision/Conceptual PUD Application ~~~~ CREEK ==/- _ i,STL DIO I v mN/Â· . #Il â€¢ B. Utility Company Service Commitments.Â· Prior to final plat approval by the Board of County Commissioners a dereloper must procide written commitments from: 1 . A public or priuate utility company to provide power, telephone, fire protection facilities and gas, if available as may be needed to serre a development. 2. Each of the utilities sercing a del'elopment demonstrating necessary arrangements have been made for installation of utilities. C. Undergrounding: Un,derground all utility lines, seruices and street lighting except for those exempted in this section. 1. Transforiners, switching boxes, terminal boxes, meter cabinets, pedestals, ducts, and other facilities necessarily appurtenant to such underground and street lighting facilities inay be placed above ground it'ithin the utility easement prouided, or within a street or other public place as appropriate. 2. Temporary utility facilities may be installed aboue ground during construction of a derelopment for a period not exceeding one year. RESPONSE: Electric, Gas, Phone and Cable utilities all exist on the property. The electric is in underground conduit extended from an overhead line. A four (4) inch gas line runs through the property and has the capacity to serve all proposed home sites subject to proposed internal extensions and connection charges. Phone and cable lines exist on the property and can provide service to all proposed home sites subject to internal connection extensions and connection charges. The existing fire hydrant on the property is adequate to serve the proposed home sites, but an additional fire hydrant will be added. 3-110-070 Roads A. Applicability: The road standards in this section are applicable to all roads and driceways. All new road and drireway construction must receive a development permit from the County Engineer and Plaitizing Director in compliance trith Section, C below. B. Consistency with County Plans: All roads and rights-of-way shall consider adopted County plans and needs for the extension of roads. C, Design and Construction Standards: -Roads and driueways shall be designed and constructed in compliance with the Pithin County Road Standards and Specifications and Pitkin County Road Management Plan. D, Subdiuision Access.Â· The Board shall review all access points to sub-diuisions and approve access. All subdiuision access points and road designs must comply ul.th the standards in Section 3-110.70(C) above. Stillwater Planned Unit Development 40 021 -~OCK Subdivision/Conceptual PUD Application ~ - CREEK -M ---Â©TUDIO r= *frtÂ·Â»7... E. Completion of Road Improvements: Required County highway, road, street and przuate street improvements must be completed within the time limits set forth ill the development approval. F. Deuelopment proposals which generate traffic volumes in excess of existing road capacities are prohibited unless a road improvement plan is approued by the County. Any development proposal which Ls expected to generate or attract vehicle trips in excess of existing road capacities may propose to upgrade the road(s) to serve the additional traffic volume. Techniques other than road unprouements may also be proposed to provide for public or priuate transit solutions to increased traffic columes. The County may approve any road improvement plan or other technique that is found to be consistent with adopted County plans and policies. The County may deny any road improvement plan or other technique that it finds to be inconsistent with adopted plans and policies, or that fails to adequately mitigate increased tratfic impacts. G. Any road improvements that a detelopment proposal is required to make, shall be assessed on a pro rata basis considering the traffic to be generated by the development in relation to the design capacity of the finished road. (Prior code Â§ 3- 1107) RESPONSE: The existing Stillwater Road is: twenty (20) feet or wider. six (6) percent grade or less and paved. Under the criteria of the Pithin County Road Management and Maintenance Plan, the road is characterized as a Class IV rural access roadway with a capacity of 800 vehicles per day. The existing bridge is appropriate for all use to the extent of partially loaded trucks of the largest type. Stillwater Lane also currently meets the Pitkin County standards in terms of grade and width. 3-110-080 Parking A. Applicability: The parking standards lib this section are applicable to all deretopinent, off-street parking lots and areas. B. Design Standards: All off-street parking spaces shall conform to the follou'ing standards: 1. Each space shall be eight and one-half (8- 1/ 2) feet wide, eighteen (1 8) feet long, and if covered seven (7) feet high; 2. Each space shall haue vehicular access to a street or alley, and be located oil the same lot as the principal use, unless otherwise provided on a approued deuelopment plan. 3. Parking lots for businesses, commercial, or m,ulti-family developments shall be suitably screened and concealed from the arterial highways, major roads, or collector streets by landforms and/or landscaping. Stillwater Planned Unit Development 41 9751Â¤KOCK Subdivision/Conceptual PUD Application ~ _ SKEEK ---â€¢ .STUDIO C. Quantity of Off-Street Parking: The minimum quantity of off-street parking spaces to be provided for allowed land uses in each zone district is determined from the standards identified in Figure 3-4. (Prior code Â§ 3-1108) PARKING REQUIREMENTS 1. Single Family and Duplex Residence: For each residence, there shall be provided at least two (2) off-street parking spaces. 2. Caretaker Dwelling: One (1) parking space is required for a caretaker du'elling unit. 3. Employee Dwelling: Two (2) parking spaces are required for an employee dwelling unit. 4. Mobile Homes: Two (2) parking spaces per mobile hoine inust be provided either on the lot or within the mobile home park. 5. Special Review Uses and Dwellings with More than Fiue (6) Bedrooms: Parking standard to be determined by Special Reciew. 6. Multi-Family, including Lodges and Dormitories: One (1) parking space per bedroom shall be prouided. A reduced standard may be permitted by Special -Reriew, A Special Reriew application to reduce the number of required parking spaces shall take into account pedestrian access, auailability ofpublic and private mass transportation to the site, commercial vehicle needs, historic and projected automobile lise patterns to and from the site and the expected occupancy rate of the building on a daily basis. Standards for these uses shall be established during the laird use review process pursuant to the standards in this section, the Procedures in Section 4-50 and the Submission Contents in Section 5-50. i. Non-Residential Space: One (1) parking space per four hundred (400)) square feet of non-residential space is required. A reduced standard may be permitted by Special Review. A Special Reuiew application to reduce the number of required parking spaces shall take into account pedestrian access, auailability of public and private mass transportation to the site, commercial vehicle needs, historic and projected autoniobile use to and from the site and the expected occupancy rate of the building on a daily basis. Standards for these uses shall be established duri,ig the land use rei,ieu' process pursuant to the standards in this section, the Procedures in Section 4-50 and the Submission Contents iii Section 5-50. 8. PUD Zone District, AF-SKI Zone District: Parking requirements set by Special Review. RESPONSE: The AH2/PUD zone district requires that parking spaces shall not exceed l space per bedroom or 2 spaces per dwelling unit, which ever Stillwater Planned Unit Development 42 -ili:21'79-OCK Subdivision/Conceptual PUD Application ~ _ACKEEK -~ _-11Â©TUDIO AW * .9 Â» - I %2 . * 4/Ir/0. is less. The project is proposing a total of 17 dwelling units, and 43 bedrooms. The applicant proposes a total of 30 parking spaces, which represents approximately 1.8 parking spaces per dwelling unit. The parking spaces will be allocated in the following manner: two spaces for each of the 13 3-bedroom units (26 total), and one space for each of the 1- bedroom units (4 total). The proposed Parking Plan is consistent with the code requirements. The need for additional guest parking is minimized by two factors. First, the project is in close proximity to existing pedestrian linkages to the downtown core, which would suggest that guests could reach the site without using a vehicle. Secondly, a RFTA transit stop is located approximately 200 feet from the site on Lupine Dr., providing additional access alternatives to the project. Thirdly, parking has been minimized to limit the amount of hardscape on the site. 3-110-100 Trails The trail standards in this section are applicable to all trails. A. Consistency wit}i County Plans: All trail rights-of-tray shall consider adopted County plans. B. Design and Construction Standards: Trails shall be located, designed and constructed in accordance with the standards in this Code, The Pithin County Trails Plan (1991), and other adopted plans or standards as applicable. C. Completion of Trails Improrements: Required County trails improvements m list be completed within eighteen (18) months after issuance of a buildingpermit for property. RESPONSE: The project will retain the previously approved fishing easement along the Roaring Fork River. No other on-site trails are contained within The Pitkin County Trails Plan (1991) that would impact the property. 3-110--110 Lighting A. Applicability: The lighting standards in this section are applicable to all lighting. B. All exterior lighting shall be designed so that the lighting element (or transparent shield) is not directly visible from adjoining properti,es or public rights- of-way. RESPONSE: The covenants contain the following language regarding exterior lighting, which the applicant has integrated into the project: Stillwater Planned Unit Development 4 la'"KOCK Subdivision/Conceptual PUD Application ='CREEK -91= -STUDIO (ii) Exterior Lighting Requirements. With the exception of one entrance light at the intersection of Highway 82 and Stillwater Road, and one outdoor light for the garage or home entrance (unless otherwise required by the Uniform Building Code), access drive and landscape "accent lighting" shall be prohibited on Lots 1 and 2. Low level walkway lighting however, shall be allowed for safety purposes. All exterior lighting shall comply with the applicable requirements of the Pitkin County Land Use Code. No exterior lighting shall be allowed on the north side of any buildings constructed on Lots 1 and 2, or any portion of the second story of any buildings constructed on Lot 2. Stillwater Planned Unit Development 44 gEl 'ROCK Subdivision/Conceptual PUD Application = CKEEK -811. . USTUDIO Â« Â¥:Â·./ ..tÂ«- 1--4.. Section 6 - IMPACTS ON TAXES AND ~ 1 4Â£ I:R>ult '4 /-1*A-4 - =IN. -11*12-4*30 MANAGEMENT OF NECESSARY MN#W/-17'-7 CP - rpi.~ . *,7 - t f SERVICES ~IN"/15$41;/Tivt/4 271.r//Im.IM., *iwmill"ME'In .....60~ Sub Sections: 84131&/M~mil li"Fipir'/ f , r -I~ 3-120-010 Applicability 3-120-020 Deuelopment Phasing 3-120-030 Road Construction, Iniprouement or 2- Maintenance Costs 3-120-040 County Acceptance of Utilities or Facilities 3- 120-050 Accessibility of Public Facilities 3-120-060 Construction Management Plan 3-120-010 Applicability The standards in this section of the Code are applicable to elli subditision applicatioits. (Prior code Â§ 3-1201) 3-120-020 Deuelopment Phasing The indicated staging of deuelopinent will not generate service or facility deniands in advance of the fiscal and physical ability of the Coullty or districts to provide within, their budgets. (Prior code Â§ 3- 1202) RESPONSE: All road construction costs will be borne by the applicant. 3-120-030 Road Construction, Improuement or Maintenance Costs Am special road construction, improvement or maintenance cost assignatle to the proposal and to be borne by the County at large can be met within both short- tenn and long-term County budgets without tax increases which might otherwise be unniecessary. (Prior code Â§ 3-1203) RESPONSE: All road construction costs will be borne by the applicant. 3-120-040 County Acceptance of Utilities or Facilities Airy utility or facility to be provided by the developer for acceptance and future operatioit and/or maintenance by the County or ally district within the County, can and will be planned, designed and constructed and prior to its acceptance by the County or district, operated and maintained in a manner which protects the public from, any expenses to correct deficiencies in the utility or facility. (Prior code Â§ 3- 1204) Stillwater Planned Unit Development 45 321 - :OCK Subdivision/Conceptual PUD Application -== CREEK .BTUDIO 612'. 9431m~ RESPONSE: All road improvements and maintenance will be the responsibility of the Stillwater Homeowner's Association. No City or County funds will be used or made available for these services. 3-120-050 Accessibility of Public Facilities The location and layout of the proposal are such that necessary public facilities can be prouided to the area t,ithout the need for additional public expenditures for service expansions. (Prior code Â§ 3-1205) RESPONSE: All road construction and other associated utility costs will be borne by the applicant. 3-120-060 Construction Management Plan Short-term construction impacts on roads, fire and police substations, schools, public shops and services such as solid waste collection, snow remoual and public transportation shall be mitigated by a dereloper. (Prior code Â§ 3-1206) RESPONSE: A Construction Management Plan is included within the application as Appendix G. Stillwater Planned Unit Development 46 - -7~ -KOCK Subdivision/Conceptual PUD Application I - CREEK --P . - BTUDIC) 97Â¥4-99.-1 Section 7 - DEVELOPMENT EXACTIONS 3-130-010 General This section of the Code establishes standards for - deuelopment Exactions listed in this section. 3-130.40 Parks / Recreation / Open Space 3-130.60 Road System Dedications REZ'IllillillimMOI/"./ 1 ' . .9F..4/'/IHI/#WA#&/ 3-130.70 Trails (Prior code Â§ 3-1301) 3-130-040 Parks/Recreation/Open Space A. Applicability: The parks /recreation/open space development Exactions are applicable to new residential subdicisions. B. Intent: Pitkill Cottltty established a Parks / Recreation/Open Space program to in,sure an ample supply of parks/recreation/open space to satisfy the needs of residents and visitors. The program is intended to insure: 1 . An adequate supply of parks and recreation facilities to satisfy the demand for such facilities resulting from izew residential development; 2. An admitate supply of open space to preserve and enhance the rural character of the County as a critical asset contributing to a high quality of life for residents and uisitors; 1 Preservation of open space iii certain areas to protect zcildlife habitat, ranching, public lands and scenic road corridors; 1. Parks and recreation facilities and open space are dedicated on a schedule to coincide with the demand for such facilities and land generated by new residential development, 3. Land dedicated for parks/recreation/open space will remain committed to stick uses and not be used for other purposes. C. Parks/Recreation/Open Space Development Exaction Standards: Pitkin County parks / recreation/open space development exaction standards are based upon consideration of the Aspen Area Community Plan: Parks/Recreation/Open Space and Trails Element, Pitkin County Down Valley Comprehensive Plan, Roaring Fork East Master Plan, State Highway 82 Corridor Master Plan, Pitkin County Plan for Access to Public Lands and the 1977 Growth Management Policy Plan. Stillwater Planned Unit Development 47 Subdivision/Conceptual PUD Application -El -ROCK ~ _ -iTL %;1 1. Standards: Prior to the recordation of final plat, a developer subdiciding residential land shall dedicate to Pitkin County, platted land in a location selected by the Board in the ratio of ten and one half (10 1 / 2) acres for euery one thousand (1, 000) residents of a proposed subdicision (that is, the number of residents multiplied by one hundred and Rue ten thousandths 0.01051 of an acre per resident). The number of residents attributable to a subdicision is calculated according to the schedule in Figure 3-7 (applicable to single family, duplexes and inutti-family structures). Mixed Use Decelopments - In the case of mixed residential, conzinercial, industrial or other uses, the required dedication is determi,ted based upon the nzillinium lot area required by the Code for dwelling units. D. Option for Independent Calculation of Dedication Standards: An applicant seeking approval for a residential development application may submit an independent calculation. If approved, the independent calculation will be utilized to calculate the required dedication. E. Cash-liz-Lieu of Land Dedication: At the election of the Board of County Commissioners, an applicant may satisfy his or her land dedication requirement by making a cash payment to the County for an amount equal to the Current nzarket value of the land required for dedication by Section 3-130.40(C). F. Calculating Cash-in-lieu Payment: The amount of the cash-in-lieu land dedication payment i.s calcidated by m,ultiplying the square footage of the area of land to be dedicated by th,e current market calue per square foot of the land to be Slt,bdivided. 2. Calculating Land Value. Land calite shall be market callie at the time of the cash-Lit-lieu payment including site improvements stick as streets, and utilities, but excluding residential dwelling units. Market value may be substantiated by a documented purchase price (if an arm's length transaction no more than two years old) or other lillitually agreed upon recognized means, prouided, houever, assessed caluation shall not be relied upon as the basis of curran t market l'Glue. In the event, a developer and the County fail to agree on market calue, such calue shall be established by a qualified real estate appraiser acceptable to both parties. The dereloper shall pay for the appraisal. 3. Timing of Cash-in-Lieu Payment: Payment shall be made to Pitkin County prior to, and on a proportional basis to, the issuance of any buildingpermits for the residential dwelling units. G. Criteria to Select Method to Satisfy the Dedication Standards: The Board of County Commissioners upon recommendation of the Planning and Zoning Commission shall approve or deny request from an applicant to pay cash-in-lieu of land dedication. The Board shall consider the following criteria in ecaluating a request for a cash iii lieu payment: Stillwater Planned Unit Development 4% Subdivision/Conceptual PUD Application rEE ROCK = CREEK --I - - 1.STUDIO 14**4 44, 2717 -4 0-94..d-im-Â¥1521 1 . Whether the deueloplizent itself requires on-site parks/recreation/open space land onsite; and 2. Whether the Cottitty has identified the applicant's proposed development site as being appropriate for parks/recreation/open space land. (Prior code Â§ 3-1303) (Ord. 98-06, Amended, 02/ 11 / 1998; Ord. 97- 16, Amended, 04/ 23/ 1997) 3-130-050 FIGURE 3-7, Residents per Dwelling Unit RESIDENTS PER DWELLING UNIT Type of Dwelling Unit Per Dwelling Unit Number of Residents Studio 1.25 Residents One Bedroom 1.75 Residents Two Bedroom 2.25 Residents Three Bedroom 3.00 Residents Four or More Bedrooms 3.00 Residents plus 0.50 Residents / Bedroom for each bedroom over 3 Dormitory 1.00 Resident/l 50 square feet of net liuable space as defined by the Housing Designee RESPONSE: The original Stillwater Ranch Subdivision dedicated 25.438 acres of public open space, as well as a public fishing easement adjacent to the Roaring Fork River. The applicant has assessed the potential for dedicating approximately 7.0 acres of property, conceptually located from the trail alignment proposed along the southwest bank of the Roaring Fork River to the connection with State Highway 82. Following approval of the conceptual site plan and building envelopes, the applicant shall submit a legal description of the proposed open Space dedication with the Detailed Submission. 3-130-070 Trails A. Applicability: The trails development exaction standards are applicable to 11â‚¬11' residential and commercial subdiuisions and tourist accommodation developments. Subdiuision exem.ptions approved pursuant to Sections 3-190.20, 3-190.30 and 3- 190.80 are exempt froni the requirenients of this section. B. Intent: Pitkin County established a trails program to sa;tisfy trails needs of residents and visitors. The program is intended to prouide: 1 . Trails for diversified segments of the population inicluding: nordic skiers, mountain bike riders, road bike riders. hikers. horse back riders, fisherman, h unters, senior and handicapped citizens; 2. Recreational trails, commuting trails and dual purpose trails for recreation and commuting; and Stillwater Planned Unit Development 49 Subdivision/Conceptual PUD Application -6121-ROCK -I- 4CREEK -M- .....19TU[Plo 4: /4 yal .85 3. Multiple access points to the United States Forest Seruice trails system and public lands. C Trails Standards: Pitkin County trails standards are based upon consideration of the Aspen Area Community Plan: Parks/Reereation/Open Space/ Trails Element, Pitkin County Down Valley Comprehensive Plan, Roaring Fork East Master Plan, State Highway 82 Corridor Master Plan and Pithin County Trails Plan. 1 .Standards a. Whenever a tract to be subdivi(led includes any part of a trail or trails designated on the Pitkin Trail System or historically used trails, the dereloper shall plat and grant public easements consistent with County Trail standards and specifications and in a location acceptable to the Board of County Com,missioners. b. Whenever a tract of land is tracersed by or abuts a river or creek, the deueloper shall plat and grant a public fishing easement to include the stream and the land area fiue feet (5') beyond the high water mark 011 the stream bank. (Prior code Â§ 3-1305) (Ord. 98-06, Am,en,ded, 02/ 11/ 1998) RESPONSE: The previous subdivision approval included a public fishing easement, which will appear on all final plats and recorded documents associated with the project. No additional dedicated trails have been identified for the site. The applicant is willing to provide for future trail easements through the site if future planning efforts identify a trail alignment on the property. 3-130-080 School Land Dedication Standards A I l. Applicability. School land dedication standards shall be assessed lipon al.1 ilew subdiuisions contal/Ling residential units Icithin unincorporated Pitkin County which are located within the Aspen School District boundaries. RESPONSE: The applicant agrees to pay the applicable school impact fees following approval of the project, and prior to the issuance of a building permit. Stillwater Planned Unit Development 50 Subdivision/Conceptual PUD Application EmBROCK ...CREEK ---STUD\O F f *527*r . Section 8-PLANNED UNIT + + = ..... 1 ... DEVELOPMENTS ~ Â£<-r 1, - 3-170-020 Intent ,>=El-/.*.lu--~ 3.1- =.'m'-- I.- Planned Unit Development (PUD) is a subdiuision procedure permitting cariation of dimensional and 1--*h:=aâ€¢.3 -Fii --0--5/(* 1 parking standards to promote compliance with Pitkin 1 - ..er .li County's Land Use Policies. Specific purposes are: - -1 ... A. Promoting flexibility in the type, design, and siting of structures to preserue and take adcantage of a sites unique, natural resources and scenic features and to avoid or mitigate any hazardous areas; B. Encouraging efficient use of land and public streets, utilities and governmental services; C. Preserving open space: D. Achieving a compatible land use relationship with surrounding areas; and E. Promoting multiple land uses and greater cariety in the type, design and siting of buildings. (Prior code Â§ 3-1602) 3-170-030 General Standards All Planned Unit Developments (PUD) shall comply with the following general standards: A. Owitership: Land proposed for Planned Unit Development (PUD) must be In one ou'nership, hotcecer the oit'ners of contiguous parcels under separate owitership may jointly file an application. RESPONSE: Lot 1 of the Stillwater Ranch Subdivision is owned solely by the Pitkin County. A Bargain and Sale Deed is included within the application as Appendix C. B. Compatibility of Land Uses: Variations to the dimensional standards of this code may be approved by the Board, upon the recommendation of the Planning Commission, to insure compatibility among multiple land uses in a Planned Unit Decelopille,Lt. C. Phasing: A Planned Unit Development (PUD) sha.11 titsure: 1. Each phase is self-sufficient and not dependent upon later phases; Stillwater Planned Unit Development 51 Subdivision/Conceptual PUD Application -LEI KOCK 1 CREEK -911.JeTUDIO 2. The failure to develop subsequent phases will not haue any adverse impacts on the Planned Unit Development (PU D), its Surroundings or the community in general; and 1 Amenities such as open space and recreational areas are prouided along with proposed residential or tourist accommodation construction at each development phase. RESPONSE: The applicant is willing to comply with the phasing requirements of this section. Assuming final approval of the project in early 2000, the current plan for phasing is to construct all infrastructure and the affordable housing units during the 2000 summer/fall construction season. D. Open Space and Recreational Facilities: A Planned Unit Development (PUD) must: 1. Include open space and recreational facilities for the mutual benefit of residents of the entire tract including residents of on-site affordable housing; 2. Preserve and 4 possible enhance unique site features; and 3. Include provisions for maintenance of common Open space and recreational facilities to be described m the unprocements agreement (Refer to Section, 3-180). RESPONSE: The original Stillwater Ranch Subdivision/PUD dedicated over 25 acres of open space. The applicant has assessed the potential for dedicating approximately 7.0 acres of property, conceptually located from the trail alignment proposed along the southwest bank of the Roaring Fork River to the connection with State Highway 82. Following approval of the conceptual site plan and building envelopes, the applicant shall submit a legal description of the proposed open Space dedication with the Detailed Submission. As indicated earlier, the applicant intends on honoring the prior fishing easement that was recorded as part of the original subdivision approval. The Site Plan has clustered the building envelopes toward the interior of the site to provide passive open space uses to the residents of the project, as well as serving to preserve the existing natural vegetation on the site. At the time of final submission, an Improvements Agreement shall be submitted to the County which will include provisions for the maintenance of common open space within the project. Stillwater Planned Unit Development 52 Subdivision/Conceptual PUD Application |EF!'91:OCK ' ~~@CREEK -â€¢IMM~STUDIO E. Maximum Density: A Planned Unit Development (PUD) is not entitted autoniatically to the maximum density allowed in the zone district in which the land is located. Density shall be established based upon: 1. Analysis of encironniental factors affecting the land; 2. Availability of public transportation; 3. Compatibility with surrounding land uses; 4. Consideration of adopted County plans affecting the site; and 5. Consistency with Land Use Policies in Article 2. (Ord. 95-3 (part), 1995: prior code Â§ 3-1603) RESPONSE: The maximum density of the site based on underlying zoning is difficult to define due to the sliding scale used in the Pitkin County Land Use Code. The minimum lot area for single-family affordable housing development is 3,000 square feet. The total lot area on the site is 4.179 acres (182,037 square feet). The overall land mass associated with Lot 1 could conceivably hold approximately sixty single family units using this gross density calculation. The most significant environmental factor associated with the site is the riparian corridor adjacent to the Roaring Fork River. As indicated on the Landscape/Site Plan, all disturbance associated with the project has avoided the river corridor to the maximum extent possible. In addition to protecting the riparian zone, the Site Plan responds to compatibility issues associated with the existing residential development adjacent to the site. Based on these factors, the applicant is confident that the proposed density is appropriate for the site. 3-170-040 Variations in Standards This section establishes criteria for uarying dimensional, open space and off- street parking standards. A. Dimensional Standards: Variations to the following dimensional standards may be approved by the Board, upon the recommendation of the Planning Commission, to cluster buildings and dwelling units prouided the overall density of the development does not exceed the maximum allowable density permitted for the property and the development remains consistent Nuth the littent of Planned Unit Deuelopinent (PUD) (refer to Section 3-170.20): 1. Minimum lot area per dicelling unit: 2. Minimum, front, side and rear yard setbacks., Stillwater Planned Unit Development 53 Subdivision/Conceptual PUD Application 7Â¥121-KOCK ~ - CREEK â€¢-11-JÂ©TUDIO In-:21-.3 51, '- 3. Minimum lot width; and 4. Maximum height of buildings. RESPONSE: The proposed development is consistent with the AH2/PUD Zone District, and no variations are requested. The applicant is proposing to submit a condominiumization plat following approval and construction of the units. There, variations to dimensional requirements (minimum lot size, setbacks and lot width) do not apply. B. Common Usable Open Space: Usable open space per dwelling unit standards may be reduced by the Board, upon the recommendation of the Planning- Commission. i/> 1. A Planned Unit Derelopment (PUD) plan contains areas allocated for common usable open space;, 2. If such reduction is consistent with the intent of Planned Unit Deuelopment (PUD) (refer to Section, 3-170.20); 3. The common open space is used and is suitable, for scenic, landscaping or recreation purposes; and 4. A proportionate, undicided interest iii all common open space is deeded iii perpetuity to each lot or unit ou'ner within the Planned Unit Development (PUD),Â· u'hich deed shall contain reasons against future residential, commercial and industrial derelopment. RESPONSE: See earlier response to open space dedications. C. Off-street parking standards may be increased or decreased by the Board, upon the recommendation of the Planning Commission, based upon consideration 0/ the following criteria: 1. The estimated number of cars otcned by future occupants of direllings in a Pl.an,ned Unit Development (PUD); 2. The parking needs of any non-residential uses; 3. The varying time periods of use, whenever joint use of common parking is proposed; and 4. Available or proposed public or priuate transit. (Ord. 95-3 (part), 1995: prior code Â§ 3-1604) Stillwater Planned Unit Development 54 Subdivision/Conceptual PUD Application 121 :OCK - ICKEEK 0-'ll ..3TUD]O .94 1Â¥9. Â¢# 624 -1 RESPONSE: The AH2/PUD zone district requires that parking spaces shall not exceed 1 space per bedroom or 2 spaces per dwelling unit, which ever is less. The project is proposing a total of 17 dwelling units, and 43 bedrooms. The applicant proposes a total of 30 parking spaces, which represents approximately 1.8 parking spaces per dwelling unit. The parking spaces will be allocated in the following manner: two spaces for each of the 13 3-bedroom units (26 total), and one space for each of the 1- bedroom units (4 total). The proposed Parking Plan is consistent with the code requirements. The need for additional guest parking is minimized by two factors. First, the project is in close proximity to existing pedestrian linkages to the downtown core, which would suggest that guests could reach the site without using a vehicle. Secondly, a RFTA transit stop is located approximately 200 feet from the site, providing additional access alternatives to the project. 3-170-050 Architectural Review A. Applicability: The Board may require an applicant for a Planned Unit Development (PUD) to submit architectural plans or models at Conceptual or Detailed Subdicision reuiew. B. Intent: The intent of architectural review is to promote the preservation and enhancement of the visual character of the County by preventing the development of unsightly or obnoxious structures which. 1. Are not properly related to their sites or adjacent land uses; 2. Do not enhance solar resources; and 3. Require t.he i.ndiscriminate clearing of propeity, excessiue gra.ding and the destruction of trees and shrubbery. C. Standards: The Board of County Conunissioners may require changes to architectural plans to: 1. Reduce the adverse risual impacts of buildings which because of size, scale, color, or location are out of harmony with the neighborhood in tchich they are to be constructed; 2. Minumze disturbances to the natural terratn. 3. Promote advantageous solar orientation and energy conserving design. (Ord. 95-3 (part), 1995: prior code Â§ 3-1605) Stillwater Planned Unit Development 55 Subdivision/Conceptual PUD Application '29751! ROCK CREEK -MIL-isTUDio RESPONSE: Lot 1 of the Stillwater Ranch Subdivision/PUD is subject to the architectural controls contained within the protective covenants of the subdivision dated December 30,1994.1 These controls are summarized below: (i) Architectural Requirements. No shining or reflective roofs or other ,, surfaces or materials shall be used orpermitted to remain on any buildings and structures upon Lots 1 and 2; the exterior materials used shall be limited to wood, stone, brick, adobe or stucco; roofs and trim shall be non- reflective and non-shining metal; and the exterior colors used on such buildings and structures shall be earth or natural wood to -ensure that they are harmoniâ‚¬ms with the natural surroundings." In order to remain consistent with the standards contained within the covenants, the applicant intends on using rusted, VLI type metal deck or rusted corrugated as siding and roofing. Exterior siding is composed of standing and running trim of rough-sawn cedar or eastern white pine. Timbers will be cedar or eastern white pine. Elevations and floor plans are included within the map sheets submitted with the application. 3-170-060 Landscaping Review A. Applicability: The Board may require an applicant for a Planned Unit Decelopment (PUD) to submit landscaping plans at Detailed Subdivision review. B. Standards: Landscaping plans shall provide an ample quantity and rciriety of ornamental plant species which are native or regarded as suitable for the local climate. (Ord. 95-3 (part), 1995: prior code Â§ 3-1606) RESPONSE: The applicant has submitted a Conceptual Landscape Plan (Exhibit 2) with the application. l Book --0, Page 796, Reception #377682, Pitkin Countv Clerk and Recorder. Stillwater Planned Unit Development 56 Subdivision/Conceptual PUD Application 921- KOCK ~- CREEK = - -STUDIO ucf *21' wj.I' Section 9 - REZONING ~4711Â¥,4 *. Â·. . In order to accommodate this proposal it is ..ill.I~/C;/21 t. necessary to rezone the subject property from ..* lili AFR2/PD to AH2/PUD. Responses to relevant ~ 1. i portions of the Code are addressed below. ----,-=Ii-=-&---Il.- Section 3-220.20 includes the following provisions: - 'p~.#. 11. ar. .2 Rezoning may be initiated by the Counly or private citizens plp-- ,-1 and approred by Pitkin County subject to compliance with I standards in this section. Privately initiated applications must be submitted in conjunction with a conceptual subdiuision application. Refer to Sections -1-60.20 and 4-60.80 for procedures and Section 5-1 1 0 for submission contents. A. The development resulting from the proposed rezoning shall: 1. Not conflict with any applicable sections of the Land Use Code; RESPONSE: This criteria is addressed throughout this land use application. 2. Shall consider Pitkin Cou.iity m,aster plans: RESPONSE: See earlier response to Article 2 - Land Use Policies. 3. Be conzpatible with Surrounding Zone Districts and land uses, considering cristilig land use and neighborhood characteristics; RESPONSE: Adjacent land uses are residential in nature and include a nearby I multi-family project named Shadowwood. These uses are shown on Exhibit 3 - Adjacent Land Uses. The Site Plan has been designed to cluster the development on Lot 1 to the maximum extent possible to limit impacts to adjacent land uses. In addition, earlier discussions regarding the covenants place restrictions on the property (materials, height, etc.) that mitigate impacts to neighboring properties. 4. Not result in demands on public facilities and shall not exceed the capacity of sitch public facilities, including, but not lunited to, transportation facilities, sewage facilit;ies, irater supply, parks, drainage, schoots, and emergency niedical facilities; RESPONSE: This criteria is addressed throughout the land use application. The project does not result in demands on public facilities beyond their present capacity. The applicant will be required to pay the applicable school impact fee prior to issuance of a building permit. 5. Not result in Significant adverse impacts on the natural enuironm.ent.Â· Still,vater Planned Unit Development 57 Subdivision/Conceptual PUD Application iial'.ROCK ~7-*CREEK -==!L...ual-Co!0 .'ll RESPONSE: The most significant environmental factor associated with the site is the riparian corridor adjacent to the Roaring Fork River. As indicated on the Site Plan, all disturbance associated with the project has avoided the river corridor to the maximum extent possible. In addition to protecting the riparian zone, the Site Plan responds to compatibility issues associated with the existing residential development adjacent to the site. 6. Be consistent and compatible with the community character; and RESPONSE: This issue is addressed previously in this application (see response to article 2). 7. Not be in conflict with the public ittterest; RESPONSE: This project is consistent with the public interest relative to the need for affordable housing as expressed in the Aspen Area Community Plan. B. The Board shall consider: 1. Whether there h,ace been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amelldinent; RESPONSE: The most significant change which has occurred on the property, and within the City of Aspen and Pitkin County, is significant growth in the second home sector of the residential housing market. This factor, together with adoption of the Growth Management Quota System in 1978, has resulted in a sharp increase in property values which has contributed to the current shortage of affordable housing. This situation has led the City and County to pursue more aggressive solutions to the affordable housing shortage over the years. The County's continued commitment to addressing the affordable housing shortage is most evident in the 1993 Aspen Area Community Plan and the more recent Interim Housing Plan. These documents call for larger numbers of affordable housing to be built both in Aspen and in the area up- valley of the Aspen Village Subdivision. The proposed rezoning the AH2/PUD is intended to allow the construction of affordable housing in direct response to this change. 2. The effect of the proposed rezoning and development on traffic generation and road safety. (Ord. 95-3 (part), 1995: prior code Â§ 3-2102) (Ord. 98-06. Amended, 02 /11/ 1998) RESPONSE: See response to Article 2 - Land Use Policies. Stillwater Planned Unit Development 5% Subdivision/Conceptual PUD Application '51213KOCK * CREEK - - - -ST[JOIO M 20 4 I . ' Stillwater Ranch ~~KOCK Subdivision/PUD CREEK Conceptual Submission STUDIO Affordable Housing Project 36 North Fourth Street Carbondale, Colorado 81623 v970.963.1971 f970.963.1622 www. otak.com V xjpuoddy uo!1130!Iddv- 0,41 X,INUIUms DOUDIDJUOD p AUG 02 ' 99 10; 35AM HSP' -'~' HOUSING Uf L M.3 PITKIN COUNTY PRE.APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff (920-5093) DATE: October 5.1998 PROJECT: Stillwater Subdivision/PUD Conceptual Submissions Rezoning. Plat Amendment, GMQS Exemption, 1041 Hazard Review & Special Review LOCATION: Lot 1, Stillwater Ranch Subdivision REPRESENTATIVE: Bob Nevins & Lee Novak Phone/Fax: 920-5102 OWNER: Aspen/Pitkin County Housing Authority Type of Application: Subdivision/PUD Conceptual Submission, Rezoning, Plat Amendments GMQS Exemption, 1041 Hazard Review & Special Review Description of Project/Development: Applicants propose to rezone the approximately 4.2 acre lot to AHZ/PUD and to subdivide to accommodate 20-25 category deed-restricted, 3-bedroom units. The iot is subject to the conditions of Resolution Nos, PZ-94.15,94-156 and 94-233, Land Use Code Standards: Article 2, Policies Section 3-60, Environmental & Aesthetic Standards, particularly air quality. The lot is within the mapped scenic overlay; if development is visible from the highway, it must comply with the standards of Section 3-60-040, Section 3-70, Water Resources Section 3-80, 1041 Hazard Review â€¢ 100 year floodplain â€¢ Slopes? Development is prohibited on slopes in excess of 30%, â€¢ Mapped low wildfire hazard â€¢ Riparian & Wetland areas? â€¢ No mapped wildlife Section 3-110, Improvements & Services: provision of water, sewer and utilities, parking, trails & lighting Section 3-120, Impacts on Taxes & Management ofNecessary Services Section 3-130, Development Exactions â€¢ Parks/Recreation/Open Space â€¢ Trails/Fishing Easement â€¢ School Land Dedication Section 3-150.100. GMQS Exemption for Dwelling Units Constructed in the AlI, AH2/PUD and AH3/PUD Zone Districts Section 3-170, Planned Unit Developments (PUD) Section 3-180, Improvement Agreements Section 3-190-090, Major Plat Amendment Section 3-220-020. Rezoning Section 4-70,3 step review G step Conceptual Submission and a 1 step Final Plat review by BOCC). Sections 5-20,5-110 and 5-160, Submission Requirements , 6 40 Conceptual Submission Review by: P&Z and BOCC (2 readings) Public Hearing? YES, at first reading before BOCC. A public notice sign shall be posted on the property at least 15 r#.idays prior to the hearing. Staff will mail notice to adjacent property owners. Referral Agencies: Attorney, Zoning, Engineer, Environmental Health. Housing, Aspen Fire, Aspen School District, ACSD, Aspen Water, RFTA, Aspen Planning Staff "AUG 02 '99 10:36AM AS HOUSING OFC P.4 Planning Deposit: $2,220 (additional hours are billed at a rate of $185/hour) -zieferral Agency Fees: $320 (Engineer) + $320 (Environmental Health) + $320 (Housing) + $600 (Clerk) rOTAL DEPOSIT: $3,780 To apply, submit 25 copies of the following information, unless noted otherwise: 1. Summary letter explaining the request and addressing ail Land Use Code standards listed above, Respond to the philosophy/criteria of the Aspen Area Citizen Housing Plan, in addition to other applicable Master Plans. 2. Maps which comply with Section 5-20.20. 3. Prior approvals which affect the lot, including subdivision covenants 4. Proof of ownership of subject property 5. Parcel description, including legal description and vicinity map 6, Consent from owner to process application and authorizing the representative (1 copy). 7. Signed fee agreement (2 copies) 8. Total deposit for review of the application 9, List ofall adjacent property owners (1 copy), and an addressed envelope for each owner, with the return address of the Community' Development Department 10. Copy ofthis preapp form (1 copy) ./7 --'. ~ .2- " ." *I .. .1.30 v.*,Â·2f~;iÂ·.SAC:.?Â¥~Â·: 0. Â· ..I 4 ....f' 1, 4 ' -11 4, 447. R ' r.~,Â»w+444*,fK. , ~ Â·.2. f..Â·401.4%90*' : 'Â·>4427:17 , 4, I et / .0=.2Â£62Â·S f.:00, 0 -9,â€¢ .-*96: 4. f * . W , . Â¥* d .. .,r . ..1 . Stillwater Ranch ~~ ROCK Subdivision/ PUD CKEEK Conceptual Submission STUDIO Affordable Housing Project 36 North Fourth Street Carbondale, Colorado 81623 v970.963.1971 0 1 www otak com f970.963.1622 , -A.i,4& 4.-. Â· Â·C.UL-BAâ€¢.h..... fliz:1~ UOUNZ!101[lny JO 13119,1 1.1. g xmuoddy Housing Office City of Aspen/Pitkin County 530 East Main Street, Lower Level Aspen, Colorado 81611 (970) 920-5050 Fax: (970) 920-5580 November 14, 1999 Mr. Lance Clarke, Assistant Community Development Director Pitkin County 130 South Galena Street Aspen, Colorado 81611 RE: Stillwater Ranch Affordable Housing Project Dear Lance: Pitkin County is the owner of the Stillwater site and has appointed the Aspen/Pitkin County Housing Authority as its representative for this project, The Pitkin County Commissioners have given APCHA authority to proceed with a development application The Housing Authority hereby requests that the County waive the land use application fee for t:his project, since it is a 100 percent affordable housing project. Should you have any questions or need any additional information during the period of staff review of this application, please feel free to contact Lee Novak at 920-5137. Thank you for your department' s assistance while this application was being prepared and for your continuing attention to this project. Very truly yours, ASPEN/PITKIN COUNTY HOUSING AUTHORITY 614 4Â¢*- Mary Roberts, Executive Director 2'd 0.30 SNISROH N3dStl WdEZ: 60 66, 9I AON ?* â€¢Â· 1Â£ ... 74'* I./.Id :mal.......7:690' 1-<1 ~~.4"il- .â€¢K..> 2 , .0.1.4 ..3,0 â€¢ . . 6., -7 9 ...1/:. 1.1, - . . Â¢'.k Stillwater Ranch -~ KOCK Subdivision/ PUD CKEEK Conceptual Submission STUDIO = m Affordable Housing Project 36 North Fourth Street - Carbondale, Colorado 81623 v970.963.1971 f970963 1622 www.otak.com PooQI DINS pur ulâ‚¬21â‚¬ g 3 xjpuxidv 377686 8-770 P-828 12/30/94 04:17;3 PG 1 OP S REC DOC SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 0.00 BARGAIN Â»ID SALE DEED AND AGREEXENT THIS DZED AND AGREEMENT, made and entered into this loth day of December, 1994, by and between FABIENNE BENEDICT ("Grantor,9, and THE BOARD Cy COUNTY COMNISSIONERS OF PiTXIN COU]rrY, COLORADO ("Granteen), /IZZ/811:1: WEBRZAS, Grantor is the record owner of Lot 1, Stillwater Ranch Subdivision/Pim, according to the Final Plat thereof recorded December.â‚¬), 1994 in Plat Book J.57 at Page Zt of the real property records of Fitkin County, Colorado ("Lot <99 and WHEREAS, Grantor and her husband desire that said Lot 1 be sold as a single family residential site and the proceeds therefrom used for employee housing for employees in Pitkin County, ar that in lieu thereof said Lot 1 be developed and used for employee housing for employees in Pitkin county; and WHEREAS, Grantee is the governing body of Pltkin County, Colorado, and has as one of its principal objectives the acquisition, development, deed restriction and/or preservation, of employee housing throughout pitkin County; and WHEREAS, Grantor desires to convey Lot 1 to Grantee for such purposes, and Grantee desires to accept such conveyance from Grantor, subject to the terms, covenants, conditions and restrictions hereinafter set forth. NOW, TIZREFORE, for and in consideration cf the premises and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby reapectively convey, covenant and agree as follows: 1. Con,â€¢Yance of Lot 1. Grantor hereby conveys to Grantee, for the uses described below, Lot 1 of the Stillwater Ranch Subdivision/PUD, with all its appurtenances, together with a perpetual, non-exclusive easement and right-of-way over, along and within the 40-foot wide and the 30-foot wide access and utility easements that are shown and described on the Final Plat of Stillwater Ranch Subdivision/PUD, for purposes of access, ingress and egreis to Lct 1 and tha installation of underground utilities serving Lot 1, subject to the following permanent covenants and restrictions: (a) Lot 1 shall be used either for a single-family residence with associated autbuildings and an affordable E d 030 ONISnOH N3dSW WdE2:E0 66, 9I AON 377686 8-770 P-829 12/30/94 04,170 PG 2 oF 5 housing unit, or in lieu thereof for the development of employee housing for employees in Pitkin County, and for no other uses or purposes whatsoever. In the event Lot 1 i, sold by Grantee for use as a single-family residence, the proceeds from such sale shall be used by Grantee fer the acquisition, development, deed restriction and/or preservation of employee housing for employees in Pitkin county, and for no other purposes whatsoever. 0 (C) Grantor reserves to herself and to her husband Fredric A. Benedict (and following their deaths to their children Nicolas Benedict and Jessie Benedict-Gardon, or the survivor of them), the right to review and comment upon in writing, prior to the issuance of any building permits, the type, density, location and design of all employee housing improvements and landscaping that Grantee (or the city of Aspen, upon annexation) may propose from time to time for or in connection with Lot 1, with the understanding that Grantee (or the city of Aspen, upon annexation) will have the final authority on such matters. Cd) Grantee, for itself and its successors and assigns, expressly assumes and agrees to perform all obligations and responsibilities associated with the ownership, development, use and occupancy of Lot 1, as set forth in the Protective Covenants for Stillwater Ranch Subdivision/PUD recorded in Book 770 at Page 730, the Access Road Maintenance Agreement recorded in Back 733 at Page 504, and in all other applicable i instruments of record. 2. Grantee Accâ€¢ntance. Grantee hereby accepts Lot 1 and the related easements in an Mas is" condition, subject to the matters described in Paragraph 1 above, and subject to all patent or latent conditions or problems Â©f any kind or nature, and further subject to all title matters of record or otherwise, specifically including without limitation: (a) All matters contained on the First Amended Plat of the Stillwater Ranch Parcels recorded in Plat Book 33 at Page 34. (b) Easement Grant and Agreement recorded in Book 291 at Page 622. (C) Easement rights described in instruments recorded in Book 275 at Page 222, Book 700 at Page 184, and Book 718 at Page 230. 2 P.d 0.10 SNISnOH N3dSW Wd*2: E0 66, 9I AON 377686 8-770 P-830 12/30/94 04;17P PG 3 OF 5 (d} Gas Pipeline Easeâ€¢ant Agreement recorded in Back 543 at Page 285 and Gas Pipeline Easement Agreement (No. 2> recorded in Book 548 at Page 290. (e) Grant of Easements Agreement recorded in Book 552 at Page 487 and quitclaim of such easements to the City of Aspen recorded in Book 555 at Page 355. (f) Trail Easement Agreement (Stillwater Road) recorded in Book 763 at Page 935. (g) Access Road Maintenance Agreement recorded in Book 733 at Page 504, as amended by the Protective Covenants recorded in Book 770 at Page 2-96. Ch) Development Restrictions recorded in Book 745 at Page 826. (i) P&Z Resolutian No. 94-45- recorded in Book *f at page 795. (j) The Nellie Bird Ditch, pipeline and headgate and all righti of third parties associated therewith. Ck) Socc Resolution No. 94-233 recorded in Book 770 24t page 7_67. (1) All matters contained on the Final Plat Of Stillwaver Ranch Subdivision/PUD recorded in Plat Book 33-Â·at (m) Su*division Improvements Agreement recorded in Book 77 6 at page jv/UT, (n) Protective Covenants for stillwater Ranch Subdivision/PUD recorded in Book 270 at Page 79<. Co) Fisherman' s Easement Agreement recorded in Book g,Zo at page 72/. (p) Water Service Agreement between the City of Aspen and Grantor recorded in Book 776' at Page 79/Â· 3. Hamecowners' Al#ociatio#. In accordance with the provisions of Paragraph 3(c) of the Protective covenants tor Stillwater Ranch Subdivision/PUD, on or before March 1, 1995, Grantor is obligated to form a Homeowners' Association to own, govern and maintain the Open Space Parcel depicted on the Final Plat of Stillwater Ranch Subdivision/PUD. The members of the Association will be the owners of the six (6) Lots in Stillwater Ranch Subdivipion, and the Association will have the power to levy and collect general and special assessments on such members for 3 Sod 0-10 9NISn0H N3dSW Wd*2: E0 66, 9I AON 377686 8-770 9-831 12/30/94 04:17P PG 4 OF 5 purposes of paying the costs and expenses of owning, improving, maintaining, caring for and operating the open Space parcel. Grantee hereby expressly consents to and approves the formation Â©f said Homeowners' Association, consents to being a member thereof, and agrees to execute any and all documents that may be required in connection with the formation thereof. 4. Enforeement. In the event Grantee defaults in the performance of any of Grantee's covenants or agreaments contained herein or violates any of the restrictions set forth herein, Grantor and her heirs, successors and asâ€¢igns shall have the right to enforce such covenants or restrictions by an action for injunctive and declaratory relief, or for damages, or both. 5. Attornegs' Faas, In the event the interpretation or enforcement of this Deed and Agreement should ever become the subject of litigation between Grantor ( or her heirs, successors or assigns) and Grantee, the prevailing party shall be entitled to an award of its reasonable costs and attorneys' fees incurred in connectlon therewith. 6. Bindina Effect. This Deed and Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns forever, and the burdens hereof shall run with the title to Lot 1. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. Granter: -4 at e.u.4 5*u Â£y- Falienne Benedict Grantee: TEZ BOARD OF COUNTY COMMIESIONERS oF PITKIN CCONTY, COLORADO af rMA -4~4,~LF vt Cu -Chairman Arr*T: 1 A 1 IB A 6/La %1 1(itiÂ»#4 404 L JÂ«rlittb 1 Jldnes - 1 De#dty Cle~rk and Record@d APPRO,ViA .AS TO Eet/ 6 P itkin i Â¢04nty Attlrrth;d Datdd: CJ )260 /4 1...4 1 4 9*d 0.30 SNISAOH N]dSW Wdt,2: E0 66, ST AON 377686 8-770 P-a32 12/30/94 04;179 PG 5 OF 5 STATE OF COLORADO ) ) SO. COUNTY OF PITXIN ) The foregoing in,trumant was acknowledged before me thisâ‚¬ff day of 7*Dt418ft,Â· , 1994, by Fabianne Benedict. WITNESS my hand and official seal. (SEAL) 41* ~'-tzl 43Â·?Â·7Â·13 fo)%/' My commission expires>~/~10~' ~ "44 3~rlic 2. :A &51; STATE OF COLORADO ) S g 1 3.. , i 9 h COUNTY Oy PITKIN ) 4: '2 7 i C f,~6 f The feregcieg instrument was acknowledged befor@ me this <DU Li. day of DÂ°Now\P r , 1994, by PAir V# 1-De An,4 , as 1((caairman or the Board of county commis~oners-of Pitkifi County, Colorado. WITNESS my hand and official seal. Mt commission expires: &3'391 c.,4, d \ 4- . 4/ZY,/2,2.' tul :}%11 Qtd,p,fblk1 \RÂ·3 r- ~<f'/Â· 430. 5 2'd 030 SNISAOH N3dSW Wd52:E0 66, 91 AON .Â·'c. . . ..' . .: ' t-9 '' I ... - 4 lilli.:11 '/ 42 -:*c' T., r . fl- :Ti- G ....L...5.A:.4.l-- .... - 1 I 904*. S.. Â·-:'~~.:< *Â¥ftÂ¢E:lk ~479.3437?Â·12~Â·Â· Â· ' 7.~ 1441/1/lill// - i I .*. 1 , .=. -,m.!..~ - f.3)ij~r-1~~ - lei .~ e-zil -=~-:Str k- m .9~3~' - i 't 1 .1 1 1 'fEAR. 42.i, r 4////////////////// 1.111 - 2.-S- Â· .1- 1 - 171144'ik;62~1 %44â‚¬f~ -1Â·' 0)04*-'Al. full.jBP""' 0..12 1.Â·:*-f Â· 1..:#T. -Â· -- -0.Fll 1 1 *~ - tÂ¢,14.... 911, .2 - I -- 14 - dim""'WI 11.1 1 I - â‚¬0 F n#/Er' .fi .. Stillwater Ranch fiEITEKOCK Subdivision/ PUD ~ .-CREEK Conceptual Submission -1-,. i .STUDIO Affordable Housing Project 36 North Fourth Street Carbondale, Colorado 81623 v970.963.1971 - f970.963.1622 www.otak.com 611It?UPAO) DAI13310,Id .4.- ... . ... 1'. ....1.1 1 *1 1 .. tr a xtpuaddy NOV, 0. 1333 10Â·OLAM NIt -''CL FULLER MALnil:Ul AUÂ·21 0, E Â· u. - w 377682 3-770 P-796 12/20/94 04:LeP PG 1 OF 22 REC DOC SILÂ·J:A DAVIS PITKIN COUNTY CLESK & RECORDER 110- 00 FROTZCTIVE COVENANTS Z22 iTZZ.Llam.5 RANCX SUBRIVISION/PUD Decimbe: 30, 1-314 ARTICLE Z 4 ZER=ose ce :clenal:3 These prclcective Covenants f "Covenants'*) shall govern and be applicable to that ca=zin =sal pr=perey situatad in Pirkin County, Colorado, kncwn as Stillwater Ranch Subdivision/PUD (the "Subdivisicn;'), as depicted and described on the Firai Plat of Stillwatar Ranch Subdi*sion/PUD Ucla 'Final Plat") recorded in Plan Book ZE at Page <4 02 che eak: the Clerk and.- Recorder ce of of Pitkin Ccunty, Calcrado. It is the intention of 'Fabienne Benedict ("Benedict"), expressed by her execution of this instrument, that the presen= beauty, views, and environment of the lands within the Subdivisicn be protecred, subject to the uses and improvements permitted by this instrument. In furtherance of these objectives, Benedict dces hereby recits that from and after the recording cf this instrument in the real praperty reccrds of Pitkir. County, Colorado, the lands within the Subdivision shall be forever burdened and benefitted by and subject to the following Covenants, to zte extent set forth herein, which Cavanants shall run with the title to all of the lands within The Subdivision. ARTICLE ZI Definitigns As used in this instrument, the tarm "Subdivision" shall be deemed to mean and include alI of the lands depicted and described cn the Final Plat of Stillwater Ranch Subdivision/PCD recorded in plat Book 33' at Page <fig of the Office of the Clerk and Recorder of Pitkin (Eunty, coloraic, as said Final Plat may be amended from time to time. Thâ€¢ term "Lot" shall mean and refer to each of-Lots 1, 2, 3, 4, 5 and 6 as designated and described on the Final Plat. The term wopen Space Parcel" shall mean and refer to the Open Space parcel as designated in described on the Final Plat. ARTICLE III Development and Use Requirements and Restrictions 1. Resolutions of Board Â©f County commissigners and of Planning and Zoning Commission. Owners cf lands within the Subdivision shall adhere to the requirements and restrictions set - NOVÂ· 0Â· 1333 10Â·OLAM M .CL FULLIA ,-launtiCUI AUÂ·VI'j . 377682 3-770 P-797 12/30/94 04:100 PG 2 OF 22 forth in (i) Resolution Nc. 94-2# of the Pitkin County Board of county Commissioners, as recorded in Book 770 a= Pace 7,2.7 of the pitkin County records, and ( ii) Rescluticn }6794- ,â‚¬ -of =.he ?iÂ·Hkin colinzv .planning and Zcning Commls-icn as recorded =1 Jack 74'9 an page -793 of th- Fi=kin Ccunzy records. In the avent Dz any conflicts between said Resoluticns and =hese Covenants, the tarms and provisions of the Resclutions shall govern and control. Develcoment Limitations in Cart:min Lotl. 4 (a) On each of Lots 1, 2, 3, 4 and 3, developmann shail be limited to one (11 free markar 3ingle-family -2.sidence: one (1) deed restric=ad Category one affordable housing unit, and such accessory uses and stric=uras as may be permitzed frcm clme to time in the AFR-2, Agricultural and Forestry Cone District or any successor = such Zone District. (b) The single-family residences on Lons 1, 2, 3, 4 and 5 shall be limited to a maximum of four (4) badropms each. Additional bedrooms may be approved by Pitkin County subject to mitigation by the Lot owner (in the fcrm of mors on-site affordable housing bedrccms or cash-in-lieu) CY anv incremental affordable housing requirement associated with the additional approved bed=com(s). Two (2) parking spaces must be prcvided for each residence constructed cn such.Lcts. (C) All structures on Lots 1, 2, 3, 4 and 5 must be located within the building envelcpes depicted on the Final Plat. (d) On each of Lots 1. 2, 3 and 4, the maximum allowable residential floor area (single-family residenca and affordable housing unit ccmbined) shall be 6,500 squars feet. Floor Area calculations shall be based on the Land Use Regulations in effect at the time a building permit is applied for on a particular Lot. The limitations in this Paragraph 2 (d) do not apply to Lots 5 and 6. (e) No development shall occur upon or in connection with Lots 1, 2, 3, 4 and 5 excepting permitted uses within the building envelopes, access roads and individual driveways, utility extensions, irrigation systems, and fencing meeting Colorado Division of Wildlife standards. Unless required by the County for fire protection, no disturbance, including vegetation removal, shall occur outside these development areas, except f cr disturbance or vegetation removal associated with a landscaping plan that has been reviewed and approved in advance by the Planning Office. Within the building envelopes, removal of mature trees (any deciduous tree of six- inch caliper diameter - measured at breast height - or any evergreen taller than six feet in height) shall require prior' approval of a tree removal plan by the Planning office. 2 - .1--1- NOy, 0, loot IU'ojaM MI' - C: F ULLE,1 r i-\ un 1 I Cv, 14â€¢0*01 F Â· 7/ L v 377682 3-770 P-798 12/20/94 04:100 PG 3 OF 22 / (f) The limitatecns in Paragraph 2(a-e) above do not avoly to Lot 5 or to the Open Space Parcel. If Lot 6 is r23eveloped in the future, such redevelcpment shall be subject to all applicable ragulatory requirements in effact at than time. Furcher=cr), ine limitanians in Paracrach :fa-g) above I - shall not apply .7 Lit 1 (and the plat=ad Bullding Envelope thereon shall be deemed vacated> in =he even= than Pitkin County (or =ha Ci=-1 01; Aspen. upon annexation) hereafter approves an affordabla hcusing use in lieu of a single-family residential use far Lot 1, and shall non apply to Lot 5 (and the plak=ed Building Envelope thereon shall be deemed vacated) in the event ?i=kin County (cr the City of Aspen, upon annexation) anpreves a use other =han a single-family residential use for Lar 5. In the event of futura Ccunty (or City) approval c= alternate usas for Lets 1 and/or 5. she developmenc limitations for such Lo=(s) shall be set forth in the Resolutionts) cf final approval and shall be recorded in the Pitkin County real properzy reccrds. Upon raccrding, the terms and provisicns of such Resclution(s) shall aut=matically be deemed additional Protective Covenants hereunder fcr purposes of the enforcement rights set forth in Article V below. (g) The following Scenic overlay Review conditions shall apply to Lots 1 and/or 2+16''lndicated: -=-"* (i) The building height on Lot I shall be limited to a maximum of 20 faer measured from exis=ing grade or 1 finished grade, wli-ichevlr is lawer, to the top of a flat roof or the midpoint of a pitched rocf. The ridge cf a pitched roof shall not exceed 25 feet above existing or finished grade, whichever is lower. (ii) The building height on Lot Â·2 shall be limited to (a). a maximum of 20 fast measured from the existing elevation of the northeast corner of the building envelope to the tcp câ‚¬ a flat roof or the midpoint of a pitched roof, or (b) the maximum height allowed in the AFR-2 Zone District, whichever is 1=wer. Said existing elevation is the same elevation as the top of the fire hydrant situated east of Stillwater Road near the southeast corner of Lot 1. The ridge of a pitched roof shall not exceed 25 feet above said existing elevation. (iii) The foregoing height limitations on Lots 1 and 2 may be varied subject to obtaining a new Scenic overlay approval of a site specific development plan for Lot 1 or Lot 2 pursuant to the standards and procedures in effect at the time of a new application. fiv) The owner of Lot 1 shall submit a landscape plan for review and approval by the Planning Office prior 3 - NOVÂ· 0, 1333 IU,OJAM M CL FUL.CA MAuntlCui Aolojv# F â€¢ U/ LI I I 277622 5-770 7-799 12/30/94 94:102 PG 4 CF 22 to the issuance of a building permit for any structural I impravemen= on Lot 1. The purpose of the landscape plan shall be tc reduce the visual impact of development on Lot 1 from HignWay 32. (h) The fillowing arihizact==31 and exzaricr Lighting requirements sha__ apply to Zats 1 and 2: (i) 27=hitaccural.Requirements. No shining or reflecting rccfs or orher surfaces cr zaterials shall be usted or perminted zo ramain on any buildings or structures =pon Lats 1 and Z; the ex=arior material* used - r on such buildings and structurss shall Se -idi-ited ic wood scene. brick, adobe or stucce; roofs and z=lms can &2-ign-reflective and non-shiniZIL28211 and the excaricr colcrs use-onsuch bu. .dings and structuras shall be earth or natural wccd Zo es =ha: are har=cnicus with the -- REEEral sle?-3-undings. (ii) Exteriar Lichtina Recuirements. clfit:h the excapticn cr cne entrance light at the intersecricn oÂ·f Highway 32 and Stillwater Road, and one outdcor light for the garage cr hcme entrance (unless otherwise raquired by the Uniform Building Cade), access drive and landscape â€¢accent" lighting shall be prchibited on Lots 1 and 2. Low level walkway lighning, hcwever, shall be allowed :cr safety purposes. All exterior lighting shall comply with the applicable requirements of the Pitkin County Land Use Code. Ne excaricr lighting shall be allowed cn the north side of any buildings constructed on Lots 1 and 2, or on any porticn of the second story of any buildings constructed on Lot 2. (i) In the event that Pitkin County (or the City of Aspen, upon annexation) hereafter approves an affordable housing use in lieu cf a single-family residential use for Lot 1, Benedict hereby reserves to herself and to her husband Fredric A. Benedict (aird following their deaths to their children Nicolas Benedict and Jessie Benedict-Gordon) the right to review and to "comment unont pricr to the issuance of any building permits, â‚¬he type73*Asity, 1ccation and design of all affordable housing-improvements and landscaping that pitkin County (or the City of Aspen, upon annexation) may propose for Lot 1, subject to the understanding that Pitkin County (or the City of Aspen, upon annexation) shall have the final authority in such matters. 3. Oven Staca Parcel. (a) The Open Space Parcel is permanently restricted to agricultural uses and improvements, the pasturing of horses and related uses and improvements, and such other open space 4 l - Nov. 0. 1999 :0:64AM M-'~ALL TULLIa Aluntltul Pluâ€¢vihi r Â· 0. - v 277682 5-770 2-600 12/30/94 04:100 23 5-- OF 22 uses and improvements as may be approved from time to time by the Stillwatar Ranch Homeowners' Association. No such other open space use or improvement shall be approved than does non maintain horse Fasturing as the primary use of =he :teadcw portion of the Spen Space Parcel, and =hat dces nc= praserve quiet and pas:=ra quality cY the Opert 3paÂ¢a Parcel. As used herein, z'agricultural and hcrsa paszurinc uses and improvements " shall be deemed to include but not be limitad tc: i (i> Irrigaticn ac=iv 4 1 4 includirc the SS, installation, maintenance, imprsvement, cperacion and replacemenc of pends, dit=est headgatas, and other yaÂ·car collection. distribution and delivery sysnams. (ii) Access roads, trails, and underground unility lines. (iii) Seeding, fertilizing and harvesting of appropriate crops from ti=e to =ime, all forms cf gardening, and/or a tree and/or plant nursery, and/or a landscaping operation. (iv) Pasturing, grazing, stabling, impcunding, riding, feeding and care of harses and other livestock, provided such activities do not result in overgrazing or the pollution or other degradaticn of surface or subsurface Waters. (v) Existing uses of the Open Space Parcel. (Vi) Construction, maintenance, improvement, operation and replacement of agricultural or horse pasturing structures, imprcvements or facilities, including without limitation fences, corrals, barns, sheds, and stables. All such structures (excepting fences and ccrrals) shall comply with applicable provisions of the Pitkin County Land Use Code, and shall receive such approvals as may be required pursuant thereto. (vii) Horseback riding, fishing. hiking, and cross- country skiing. (b) The Open Space Parcel may not be further subdivided, except that a lot line adjustment shall be permitted between the open space Parcel and the Out Parcel depicted on the Final Plat if County and landowner approval can be obtained. If final approval for such a lot line adjustment is obtained, the portion of the - Open Space Parcel that is added to the Out parcel shall no longer be subject to these Covenants and the 5 NOVÂ· 0Â· ino: U.04AM I 'CL FULLCA RAL,1 1 I LV I 119â€¢Ill/ 1 . , -/ 277682 3-770 P-801 12/20:94 04:leP PG 6 OF 22 4 portion of the out Parcel that is added to the Open Space parcel shall be deemed subject to these Covenants. (C) On cr befors March 1, 1995, Benedic= sh-11 forn a Homeowners' Asscciation c=mprised of the cwners of the six ,â‚¬) Lets in the Subdivisicn :cr pur=csas of awning, gover:ling and maintaining the Open Space Parcel. and shall canvey =he :sen Space Parcel to the Eomecwners' Association by Bargain and Sale Deed Zor =he use and benefit of said Lot owners and -Cheir respective -caml-les, guesta. invizaes and tenants. Prcvided, chat such deed shall reserve the exclusive =se. bene:fic and control of the (pen Spaca Parcel to Fabianne Benedic; 122 Freciric A. Benedic= for the remainder of their lives. Jurinc such exclusive use pericd, the Benedicts cr either of zhem- shall determine rae apprciriate open space uses -for =he Open Space Parcel (subject no the use limitations described above), and shall in their scle discracion have the rlght (bur never the obligaticn) to authorize the use of the Open Space Parcel or portions thereof by the owners or occupants ce arie or =cre of the other Lots in the Subdivisicn cr by existing users of the Open Space Parcel. (d) The Open Space Parcel and all parts thereof shall be maintained at all times in an a=tractive, clean and safa condition. All costs and expenses of owning, improving: maintaining, caring for and operating the Open Space Parcel or any part thereof (including the irrigation ditch that serves the same, the wanarfall. the pond, and all irrigation and aeration systems) shall be borne by the Homeowners' Association. Provided, that the Benedicts shall bear all such costs and expenses during their lives. The Homaowners' Association shall have the authority to levy and collect regular and special assessments to cover all costs related to the Open Space Parcel. 4. Affordable Housing. (a) The owner of 'each of Lots 1, 2, 3, 4 and 5 shall provide an abcve grade dead restricted cne-bedroom affordable housing unit within the Building Envelope on the Lct. The unit shall be constructed concurrently with the construction of the single-family residence on the Lot, and the- certificates of Occupancy for the residence and housing unit shall be issued simultaneously. (b) The affordable housing unit may be either detached or attached to the principal single-family residence, and shall meet or exceed the Aspen/Pitkin County Housing Authority C =APCHA") minimum net livable area requirement f or Category One units. 6 Ilufâ€¢ vâ€¢ i J J J i vÂ·v -n.i, 111 4 4-1-- :W.--1/ 377682 3-7721 1-202 12/20/90 47,1: lap C.G 7 CF 22 (c) Prior to the issuance of a building permit for the primary single-family -residence and the affordable housing unit on a Lon. the Lot owner shall execute and file with tha ApCIA an agreement in fcra accaorable =0 =ha APCHA which deed restricts the aff=rdable hcuslic N,4- -- 48 built cn that Lot in accordance with =he APCHA / s .a=ags:7 Cne income, price and occupancy guidelines in. affec= an =he =ime câ‚¬ issuanca of the building permit. (d) The fcragcing affordable hcusing requiranants shall non apply 50 Lct 1 in =he even= =hac ?i=kin County :cr the Clt.7 cf Aspen, Uncn annexatlent hereafter apprives an affordable housing Use in Lieu ci a single-family residential use for Lot 1, and shall not apply zo Lot 5 in the event Pitkin County (or =he City of Aspen. upon an:exanicn) approves a use Gther than a single-family rasidential use Ycr lot 5. utilities. (a) All residential stric=ures cn the Lets' must be connected to the existing municipal water and Aspen Consolidated Sanitaticn District sewer lines which serve the immediate area. Any tap or cther fees shall be paid by the respective Lot owner. With respecz -co ACSD sewer service, the Lot owner must also pay an additional prorated surcharge that will be used to recover the ccs=s of repairing a downstream constraint. The sur=barge wili be determined by the ACSD at the time the tap fee is paid. (b) In the event a sewage pumping system is required cn any Lot, a conventional septic tank must also be installed to pretreat eff luent prior to discharge into the pumping chamber. The septic tank and sewage pumping systen design must be reviewed by the Aspen/Pitkin Envirunmental Health Department prior to issuance of a building permit for the subject Lot. (C) All individual utility service lines within the Subdivision shall be installed by the respective Lot owners at their cost and shall be buried underground. All individual utility service lines shall be located in the existing access road system, a platted utility easement or the individual Lot drivewaYs to minimize site disturbance, unless another . location is approved in advance by the Planning Office. Areas disturbed by the installation or maintenance of utility lines shall be revegetated by and at the expense of the Lot owner causing the disturbance, no later than the next growing season. (d) In-house sprinkler systems must be installed in the residential structures on Lots 2, 3 and 4 for fire protection purposes. 7 PIOVÂ· .1 i,630 10Â·Ov,1:Â¥1 tV IL. ni# vii; i.w ./'llvi , v, / I ,-803 .- 0 / / eec 27.30/9* 274: ..DP ..AS .1 + (a) The Fire Disrrict shall be alicwed on the Subdivision prior .0 the issuance cr a building permit for a Lot to check fire hydrants and water pressure. --S ---- al building permit applicarlin - 4 is filed Zir =cnstructicn =r azy kind on eacn of Zins 1, 6, 4 and E ~ =he cwner zi the Liz for which the ing i.carton is being filed shall pay to Eenedict cr te her heirs the =asn amount cf 35,300.00 in arder to reimburse Benedic= for (i) the 520,000.0 6-sum-52% by her :c tha City Water Depar=ment in lieu cf dedicating vazar - -ul/-; -0 the City, and (ii; -4 1 $3,300:00 sum paid by her ta the City Wa=er Depar~ent as the Subdivisicn's prc rata shars cf =he COs= CZ devel=inc - expanded water supplies for areas cutslde Ziny boundaries. Nc building permits shall be issued for a Lot until the fbraccina - amount has been paid =0 3enedic: or her heirs. 6. Easements for the Benefit of gracific Lots or 71==als. (a) Benedict hereby grants and conveys to the cwners from time to time of Lors 3 and 4, respectively, for the use and benefit cf Lets 3 and/or 4, and also grants and conveys to all interested utility ccmpanies a perpetual, non-exclusive easement over, along and beneath a 30-foot wide strip cf land along and cantiguous to the easterly boundary cf Lot 4 and of the Open Space Parcel, as depicted and described on the Final Plat. Said easement shall run with the title to Lots 3 and 4 and the Open Space Parcel,.and shall be used solely for purposes of installing, operating, maintaining, repairing and replacing underground utility lines serving Lots 3 and/or 4, and for such surface access as may he reasonably necessary for the accomplishment of those purposes. The dis-curbing Lot owner (or a utility company, as the case may be} shall be responsible for restcring the surface of the easement as nearly as possible to its original ccndition following any disturbance thereof by the Lot owner (or by a utility company) in the exercise of its rights hereunder. The Lot 4 owner and the Open Space Parcel owner shall have the righ: to cross said easemer.t at any point - or points with access roads and driveways, and/or with other utility lines, provided that said Lct 4 owner and/or Open Space Parcel owner, as the case may be,, shall be responsible for repairing any damage to utility lines within said easement resulting therefrom. (b) Benedict hereby grants and conveys to the owners from time to time of the Open Space Parcel, for the use and benefit_of the Open Space Parcel and all persons entitled to use the same, a perpetual, non-exclusive easement and right- of-way across Lot 4, said easement being 30 feet in width lying 15 feet on either side of the centerline of the existing access rcad in place between Ute Avenue and the meadow area an the Open Space Parcel, as said exikting roadway traverses Lot 8 NovÂ· c. 1939 .u:ooAM Mt EL FULLE[1 MMUnlICLI IVOÂ·0/0/ r Â· I v/ a V 377682 3-770 P-804 12/30/94 24:177 pe 9 OF 22 4, as generally depicted and located on the Final Plat. Said easement shall run with the title to Lot 4 and the Open Space Parcel, and shall be used far purposes of access, ingrass and scrs,s to the open Space Parcal and for undergrcund utility lines serving the Open Spaca Parcel. Che lot 4 owner shall rignt zo criss said easement at any point Or points have -- with driveways and/or with onhar utility lines. wi=h the exception of such grading and drainage imprcvements as nay be required frcm time co time to kaep said access rcadway in a safe and passable condition, said access =cadway (and the easemerk therefor) shall be left in 1,3 present natural state and shall non be further imprsved. The =wner =f the open space parcel shall bear all tests of =aintaining and Lmproving the subject zoadway and easement, and shall a= all itnes carry liability insurance in the minimum amcunt of 52,000,000.00, which insurance shall name the owner cf lot 4 as art additional insured. Benedict herecy grants to the owner frcm time to time of Lot 4 the right and cprion an any time tc relocate any pcrtion of said access read and easement as it traverses Lot 4, at said owner's sole expense, so long as continuous and functional road access is provided between Ute Avenue and theÂ· meadow area on the Open Space Parcel, and to execute and record an Amended Final Plat of Lot 4, Stillwazer Ranch Subdivision/PUD, which reflects ae relccated easement. (c) By separate Grant of Utility Easement recorded in Book 77(7 at Page 799 Of the Pitkin Ccunty records, Benedict has granted to the owner from time to time of the Out Parcel depicted on the Final Plat a perpetual, non-exclusive underground utility easement along and within the existing rcad easemenc between the Ute Avenue Cul-De-Sac and the Out parcel, as said road easement was created in the Deed recorded in Book 188 at Page 82 of the Pitkin County records. 7. Access and Utilitv Easement3. (a) A perpetual, non-exclusive easement and right-of-way 40 feet in width has been dedicated on the Final Plat for purposes of access from Cclorado State Highway No. 82 to Lots 1, 2, 3 and 4, rekbectivelyr and for undergrcund utility lines. The maintenance, repair, snowplowing and improvement of said common access road is governed by the terms and provisions of that certain Access Read Maintenance Agreement recorded in Book 733 at Page 504 of the Pitkin County records. By her execution and recording of these Covenants, Benedict hereby exercises her right to unilaterally amend said Access Road Maintenance Agreement in the following respects: (i). Benedict hereby identifies the i portion of the Subdivision which will not be served by said common 9 - NovÂ· C. 199: 9 JOAM M EL FULLErl MALMLICLI lili.0/0/ r Â· I i...u 377682 3-770 7-605 12/30/94 04:1@P OG 10 0# 22 access road as follows: Lots 5 and 6, and =he Open Space Parcel, Stillwater Ranch Subdivision/PUD. As snecif ically provided in Paragraph 9 therecf, said Lots 3- and 3 and the open 3paca Parcel in Stillwater Ranch Subdivision/PUD shall no icnger be burdened or =cund in any way by the Access Road Mainranance Agreement. and the title thereto snail -e ze.med =c be free of said Agreement. (ii) The Access Rcad Maintanance Agraemen= allocates zJ parcal 1 of the Stillwa'car Ranch Parcals a one-chird (1/3) share of =he =osts and expenses of sncwplowing the commcn access read and wI --9 essential repaizs and improvements thereto. 3enedic= hereby reallocates said cne-third (1/3) share as follows: Sna-Ecurth (1/4) of said cne-third (1/2) shar2 co each of Lots 1, 2, 3 and 4 in the Subdivision. Each of said Lcts 1, 2, 3 and 4 shall also be entitled to one vora under the Access Road Maintenance Agreement. The easement described in this Paragraph 7(a) is subject to the easement rights enjoyed by =he imprcved property lying east cf Parcal 3 of the Stillwater Ranch Parcels, as sat forth -in thcse certain ins=.ruments raccrded in Bock 275 an Page 222, Book 700 at Page 134, and 3cck 713 at Page 230 of the Pitkin County records, and is also subjec= te the easement rights enjoyed by Parcels 2 and 3 of the Stillwater Ranch Parcals as set forth on the First Amended Plat cf the Stillwatar Ranch parcels recorded in Plat acck 33 at Page 34 and in the protective Covenants for the Pine Lake Parceis (Parcels 2 and 3 of the Stillwater Ranch Parcals) recorded in Bock 733 at page 510 of the Pitkin Counny records. (b) A perpetual, nor.-exclusive easement and right-of-way 30 feet in width has been dedicated on the Final Plat for purposes of access from the above-mentioned 40-foot wide access easement =o Lots 1, 2, 3 and 4, respectively, and for underground utility linis. In the above-mentioned Protective covenants for the Pine Lake Parcels, the costs of maintaining, repairing, snowplowing and imprcving the portion of said 30- foot wide access easement that is actually used by Pine Lake Parcel 2 (i.e., up to the point of departure therefrom of the parcel 2 driveway) ara allocated 25 percent to Parcel 2 and 75 percent to the portions of Parcel 1 that are actually served by said rcad. Benedict hereby reallocates said 75 percent share amongst the Lots in the Subdivision that are actually served by said road up tc the point of departure of the Parcel 2 driveway. The costs of maintaining, repairing, snowplowing and improving the portion of said 30-foot wide access road lying beyond the Parcel 2 driveway shall be shared, allocated 1 and paid in equal shares by the Lots in the Subdivision that ~ are actually served by such remaining portion of the road. 10 - NOÂ¥Â· 0Â· IJJJ IUÂ·008# |v| iL ~ACL 1- UL.CA 7, dul-1 1 1 4,Â· lili, V / 1, 1 -, 6 4 2/30/98 34:19Â¤ 76 91- cc 2, â‚¬77682 3-770 g'--822.w . - All road repairs and improvements shall be made in a gccd and workmanlike manner, and in compliance with applicable laws, regulations and codes, and improvements shall be =ade in accordance with plans and specifications prepared bv a registered Colorado engineer . Any cwner served by the :sad shall have the right zo pericrm (cr zo have persons perâ‚¬crm) such maintenance, ranait grck-Flowing and improvements with respect o the road as nay he reasonably required by the Â¢ircumstances, and no pay fer =he sane, and ta bill the o=her ownerfs) served by =he road fir his or their share df such costs, as above san forth. Any such bill not paid within 30 days ci mailing of the bill shall bear interest an 18 percen= per annum trcm dana ci mailing until paid in . full, and the bl=.ing owner shall be entitled =c ar. award cz its reasonable attorneys' fees and ccsts -- -- ies a civil 4.: 4.- ./4 - action to collect the delinquent amcunt and prevalls therein. The easement described in chis Paragraph 7 (b) is subject to the aasement rights anjcyed by Parcel 2 of the Shillwater Ranch Parcels as set forth on the above-mentioned FirsT Amended Plat thereof and in the above-mentioned Protective Covenants for the Pine Lake Parcels. (c) A perpetual, ncn-exclusive easament and right-of-way 30 feet in width across Lct 2 has been dedicated on the Final Plat for purposes of access from the 3 0-foot wide access easement described in Paragraph 7(b) above to Lots 1 and 2, respectively, and fer underground utility lines. All ccsts and expenses of repairing, maintaining, sncwplowing and improving said access easement shall be shared equally by the owners of Lots 1 and 2, respectively, unless said access easement is not used for access tc the improvements eventually constructed on Lot 1, in which case the Lct 2 owner shall bear all such costs and expenses. All road repairs and improvements shall be made in a gcod and workmanlike manner and in compliance with applicable laws, regulations and codes, and improvements shall be made in accordance with plans and specifications prepareCoy a registered Colorado engineer. 8. Accass Roads amd Driveâ€¢,479. (a) Lot owners shall obtain access permits frgm the County Engineer prior to any improvement of the access roads or the construction of the individual Lot driveways which serve the Building Envelcpes, and prior to the issuance of a building permit for a Lot. Tha individual driveways shall be designed and constructed in accordance with the Pitkin county Road Standards and Specifications in effect at the time a building permit is applied for. (b Driveways shall enter the access road at a 90 degree angle for the first 25 feet of the driveway. 11 -- 110Â¢ Â· ..â€¢ , J J J 1 U ' 0. 1"t,114 Ill ._ i .L--11 Flt' Will I.v, . I i - I. 377682 2-773 3-607 12/20/94 34:10P PG~ 12 u. 22 F (c) Individual 1 ways must be paved or graveled, and must be treated with an approved dust retardant, at the ccst cz the Lct owner. (d) rests of duir =211--ril measures on the 40-=sc= wide ccmmon accass. road. if iny ara raquired, shall be gÂ¢verned by the terms cf =he above-mentioned Accass Road Maintanance Agreement, as herein amended. Cists of dus= control measures cn the Jo- f cot wide access f=ad described in Paragraph 7 (b) above, Lif any are raquirad, shall be shared by the owners of the lots served =h ereby and by the cwner cd Pine Lake Parcal 2 in =he manner san =crth in the Access Road Maintananca Agreement (as amended) and in Paragraph 7<b) above. Ccs=s of dust control measures on the 30-fcor wide access road across Lot 1 described in Paragraph 7(c) above, LZ any are raquired f shall be paid and shared in the same manner as the 20$03 of repairing and improving that accass read, as se-c f or=h in Paragraph 7 (c) abcve. 9. Rcad Improvement Dist;ict. The cwners from time to time of each of the Lots shall be required to join a read improvement district chat encompasses said Lot(s), if such a district is ever formed. 10. Air Oualitv. The owners of each of Lots 1, 2, 3, 4 and E shall adhere to the Fitkin County Air Quality Standards in effect at the time of issuance of any building permits. All residential structures must, cf ccurse, comply with the Pitkin County fireplace and wcodburning stcve regulations in effect at the time of issuance cf the building permit therafer. No wocdburning devicas shall be permitted in affordable housing units provided in Â¢cnjunction with single-family residences on the Lots. Lot owners shall submit erosion and sediment control plans to the Ccuncy Engineer for review and approval in the event required in connection with all building, access read and driveway construction and improvement, and all other earthmoving activities. 11. Snerov. The single-family residences to be constructed on Lots 1,2,3,4 and 5, and the affcrdable housing Units provided in conjunction therewith, must exceed the minimum standards contained in Pitkin County' s 1989 Model Energy Code. The specific performance standards that must be met are sau forth on Schedule A - Energy Saving Meas=es, attached hereto and made a part hereof by this reference. The single-family residences an Lots 1, 2, 3, 4 and 5, and the affordable housing units provided in conjunction therewith, must also include water conservation devices, in accordance with the following criteria: 12 Nov, 0 9 9 9 jo , o j A M Mi' - CL FULLCM MMunlicul AU â€¢v'VI J, , -i - w 12/30/96 04:10P AG 12 OF El = r r oc~ 3-770 P-808 f (a) Shower Heads (Gallons Per Minute) 2.5 (b) Fatcs= Aeratcrs (Gallcns Per Mi.-tura > -.- -- (c) Toilets (Gallans ser Flush) 12. Radon Gas. Each Lot owner shall Ze =asponsible for testing fon the presence of radon gas on che Lic, and icr implementing any remediation measures ihat may be required in Connection therawi=21. 13. Zisherman', Zasement. 33 that --- -4.---. u -9-2.- . ik--"--n- recorded in Beck 730 at Page/1 / of the Pitki: C=unty records, i fishermants easement has been established aling per==cns of the Rearing Fark River as in flows through the Subdivision. 14. Nellia 3ird Ditch Zasement. A perpetual, non--exclusive easement has bean dedicated cn the Final Plat upon and acboss Lors 1, 2, 3 and 4 for the Nellielird_Jitch and leadcrate. Benedict hereby grants to the =wner Irom tame to tlme cz Lot 4 the right and opticm at any time to relocate any portic= cf said ditch or pipeline as it traverses Lot 4, at said owner's scie expense, so long as histcric usage and amcunt of water carried are ncr adversely affected, the point of entry into Lct 4 is nct- changed, and so long as any new point of exit frcm Le. 4 delivers the remaining watar to the existing drainage sys=am an the Open Space Parcel without damaging the Open Space Farce. or any uses or improvements thereon in any way. If the ditch/pipeline is relocated, the platted easement therefor shall autematically move to the new location, and the Lct 4 owner shall have the right at its option and expense no execute and record an Amended Final Plat of Lot 4, Stillwatar Ranch Subdivision/PUD, which reflects the relocated ditch easement. Furthermore, the Lot 4 owner shall have the right to continue to route such ditch/pipeline water through the existing pond cn Lot 4. 15. Eousehold ?923, Horses, Livestock. Cn Lots 1, 2, 3, 4 and 5, household pets such as dogs and cats shall be permitted, provided that dogs shall be kenneleiglleasaed_at all times s On Lots 4 Â· and 5, -WEEESK-23EITE- for and the impoundment of horses - shall be permitted. Horses shall nct be allowed on Lots 1, 2 and 3. Cattle, sheep, and other non-household pets, and the grazing and impcundment of livestock other than horses, are prohibited upon Lots 1, 2, 3, 4 and 5, and no commercial raising or commercial kenneling of animals of any kind shall be permitted upon Lots 1, 2, 3, 4 and 5. The limitations contained in this Paragraph 15 do not apply to Lot 6 or the Open Space Parcel. 16. Fencing. All fancing outside the Building Envelopes on Lots 1, 2, 3, 4 and 5 shall comply with Colorado Division of . 13 NOVÂ· 0, 133: iuÂ·o/AM I /1 E L V U L L L A n it u di i i .2 u i 11/'0'w' 1' ./ -/ 377622 3-770 2-809 12/20/94 34:10P-29 1-6 LF 22 r Wildlife standards, including a maximum cf 42 inches in height using four (4) or less strands cr rails. 17. Wildfire Mitigation Measures. The owners of Lots 1, 2, 3 and 4 shall adhere to =he foll=wing wildfire =1=igation measures on their respective Lats: (a) Brush, debris and Acn-ornamental vegeracion shall be removed within a minimum perimeter of 10 Yae= of residential and accfssory 3 U. W- 4- -* - I (b) Existi:g vegeraton and landscaping phall be =hirred within 30 feet c: all structures such that the spacing bet-ween clumps of brush and vagetaricn is a minimum of two (21 times the height of the fuel. The maximum diameter c: the clumns should be tic (2) times the height of the fuel. All measurements are to be taken frcm the edges of the crcwns of the fuel. (C) Tree crown separaticn within the 30-foot perimeter shall be a minimum of 10 feet between the crcwns. This requirement does not apply to mature stands of aspen trees where the preceding requirements for the removal of ladder fuels have been met. However, the spacing guidelines cutlined in paragraph 17(b) above shall be followed in areas of aspen rageneration. (d) Branches shall be pruned from trees within 30 feet of all structures to a height of 10 feen above ground. Ladder fuels shall be removed from around trees and bushes. (e) Branches which extend over roof eaves shall be trimmed. Branches shall be remcved within 15 feet of any chimney. (f> The density of fuels within 100 feet of all structures shall be reduced. i (g) Fuelbreaks shall be provided within 100 feet of the access roads and driveways. (h) Non-cohbustible _roof material including, but not limited to, tile, asphalt or metal roof material, or Class B Certi-Guard (registered brand name) Red Label stakes and shinqles or other roof material utilizing Class B Constructicn techniques (1/ 2 inch minimum solid sheathing) or better, shall be required for all new structures. 18. park Dedication Fee. At the time a building permit is issued for the construction of a single-family residence on each of Lots 1,2,3,4 and 5, the Lat owner shall pay to Pitkin County a park Dedication Fee in accordance with the regulations in effect at f 14 -- NOPÂ· 0, 1,30: lu,0/7,"Â¥1 m 1 1 ALL 1 U..,LI\ n,Jui,ii.. ... .1 . I. --I-/.- 3 1 13 81 2- r ' T 4 .0 12.Â·'30/94 04:13Â© Re-35 0, 22 that time, based on the then cur=an= appraised value of the Lct. Lot 6 is exempt frcm the Park Dedication Fee. 19. Compliance vith Gavernmenâ‚¬ Requlations. Nc lands within =he Subdivision sha1L ever be :ccupled or 9322 29 cr Y=r any - --,--cl.Ir a or nurocse -= in any renner which ts =27:zzarT =C . 6- -w . - I -4/= zoning, subdivislan, Land use cr building ragulatrins :f 31 -"" Counny, Calcradc, validly 11 force from zime zo time, or anv other applicable local, sta=a or f aderal Laws or regulaticns. 20. ahelosura of Facilities ind Equipmen=; Dish Ramcval. -h All equipmen=, facill=las, and ether unsigntly items on ar.,7 Z.c=-* ~ within the subdivisicn shall be lecated winhin the Juilding Envelope on the Lon (13 cne axists on =he -cri, and wheeler cr non a Building Envelope exists, shall be enclased within a solid, covered structurs, cr fully scraened from view. without limiting the generality of =he foreâ‚¬cing, the following specific restrictions shall also apply. Any truck, tractcr, sncw removal or garden equipment, and any similar items, shall be kept a= all times, except when in actual usa, in an enclosed garage. Motor homes, trailers and boats mui= be kept in enclosed garages, or stored in an area that is completely invisible (during all seasons) from the other Lots and from all platted accass roads. Any refuse or trash container, utility meter, cr other utility facility, satellite receiving dish for television cr other signals, service area, storage pile, cr area for hanging clothing or other hcusehold fabrics must be located vizhin a Building Envelope (if one exists cn the Lot), and whether or not a Building Envelcpe exists, shall be enclosed or adequately screened from view by planting or fencing so as to be invisible from the other Lots and frcm the access rcads. No lumber, metals, bulk materials, scrap, refuse or trash shall be kept, stored, or allowed to accumulate on any Lot, except building materiala during the ccurse of construction, and then only within the Building Envelope (if one exists on the Lct> and only for such reasonable period o: time as is necessary prior to the use or disposal thereof. All rubbish and trash shall be promptly removed from the Lots and shall not be burned thereon. 21. Used_ or Temporar, Structures. Nc used, previously eracted, or temporary house, structure, construction trailer, or nonpermanent outbuilding shall ever be placed, erected or allowed to remain within the Subdivision, except during construction periods, and no dwelling unit shall ever be occupied in any manner prior to its completion- No moter home shall ever be occupied in any manner while located within the Subdivision. 22. Completion of Construction. Any exterior construction activity lipon any Lot shall be completed and fully cleaned up within 24 months from its commencement. 23. Road Damage. Each Lot owner is responsible and shall promptly repair in a good and workmanlike manner, any damage caused 15 V' i . V W 1 V ' '4 .,3 ill , ,-- ~1.08= 9.-770 ...- 7-81 2 12,'30/9.9 04:10;IP'(3-18. --- -- to access roads during the canstruction of improvements or the installation cf utility lines upon or serving the owner's Lot, or damage caused at any ether time by any vehicle belonging either to the cwner Cr cwner ' s family, guests, invirees cr ccntrac=.rs. 24. 30 Business 7989, C'finsive Activities, Nuisances or 'Signs. Nc lands or structures t.ithin the Subdivision shall ever be occupied or used for any cammercial or business purpose, excepting such affordable housing use as may hereaftar be approved in lieu of a single-â‚¬adily residence use for Lot 1 and such use other than a singla-familv rssidenzial use as may hereafter be approved for Lot 5. No noxicus or offensive activity shall be carried oIl or allowed at any time within =he Subdivision, specifically ircludir.1 withoun li:nitation the operation of sncwmobiles, AINs, cfr-rcad =c=crcycles (i-2., dir- bikes), or bcats powered by gasoline monors cr engines. Nothing shall be done or _ --- - -- to be done ac any time within =e-.--ed the Subdivision which is a nuisance, or which mighz become a nuisance by sight, sound, smell or otherwise zo a Lct -cr a Lot owner or occupant. An approved affordable housing use an Lot 1, and any use other than a single-family residence that may hereafter be approved on Lot 5, shall not canstiture a nuisance hereunder. And with the excaption cf one "For Sale" sign of normal size on a Lot, no signs or billboards shall ever be ereczed or pernizted to remain within the Subdivision. 25. Firaarms . The discharge or shooting of firearms is prohibited within the Subdivision. 26. Ne Minine. Drillinc or Ouar:ving. No mining, quarrying, tunnelling, excavating, or drilling for substances within the earth, including oil, gas, minerals, gravel, sand, rock and earth, but expressly excluding water, shall ever be conducted cr permitted upcn or within the Subdivision. 27. Boofs, Mat,rials. Colors- No shining or reflecting roofs or other surfaces or materials shall be used or permitted to remain on any buildings or structures- within the Subdivision; the exterior materials used on such buildihgs and structures shall be limited to wood, stone, brick, adcbe cr snucco; roots and trims can be non- reflective and non-shining metal; and the exterior colors used cn such buildings and structures shall be earth cr -natural wood tones that are harmonious with the natural surroundings. 28. gower3- and Antannaâ‚¬. Nc towers or radio or television antennae or similar communication equipment higher than 3 feet above the highest roof line of the structure to which they are attached shall ever be erected or permitted within the Subdivision, and all such towers, antannae and similar equipment (excepting satellite dishes) must be attached to a residential structure (unless a use other than a sing;Le-family residential use is hereafter approved cn Lot 5) . 16 . - liuÂ¥Â· 9, i JJ. VÂ·, 4/1,1 I'l 1 /,Lf'lu. i I---,' , ,~V'I' , ./ I Â·- . Â· . 377622 3-77- ,-,-9.- 12/30/96 04:100 PG* 17 OF 22 - f. a. 29. Tanks. No elevated tanks of any kind shall ever ba erected, placed, or permitted cc remain within the Subdivision. Any tank used in connection with any structure or activity within the subdivision, including tanks far che storage of natural gas, fuel oil, gasoline, oil cr water. shall be buried. Lot 6 and the Open Space ?agg/1 Tammorarill, Exempt. Lot 30. 6 shall be exempt from che restricticns and requirements contained ia paragraphs 20-29 above for so long as Lot 6 is cwned cf record by Fabienne 43enedict. Fredric A. Benedic=. any one or more of their children, or a trust cr rrusts for the benefit of any of said perscns. The Open Space Parcel shall be exempt ircm the restricniens and requirements ccntained in Paragraphs 20-29 abcve for so icng as either Fabianne Senedict cr Prairie A. Benedict remains alive. 31. Emergency Access Eamement. A non-exclusive easement for ingress and egress is hereby granted by Benedict to all police, sheriff, fire prcnection, ambulance and other similar amergency - agencies or persons, now er hereafter serving the Subdivision and its residents, to enter upcn the access rcads dedicanad on the Final PIat, and upon the individual Lot dr:iveways, and upon any other property in the Subdivision, in the lawful performance. of their duties. ARTICLE IN TRAIL RAS EMENTS By those certain Trail Easement Agreements recorded (i) in Book 733 at Page 485, and (ii) in Back 763 at Page 935, all of the pitkin county records, Benedict has granted trail easements across portions of the Subdivisicn, along the alignments shown on the Final plat, for the use and benefit of the general public. Title to lands within the Subdivision shall at all times be subject to the terms and provisions of said Trail Easement Agreements. ARTICLE Z ENFORCEMENT ACTIONS 1. Enfercement Authoritl- Pitkin County (or the City of Aspen, upon annexation), and each Lot owner, and the owner of the open space parcel, shall have the right to prosecute an action at any time for injunctive relief and/or for damages by reason of any violation of these Covenants. The prevailing party in any action brought to interpret or enforce these Covenants or/for damages for a violation hereof shall be entitled to an award of its reasonable attorney's fees and costs. 17 '11. NOV, 0Â· 1333 tu.06AM I ACL FULLER r,Rint ICUI Flu.0/ OJ F Â· , 01 Lv 0<,622 3-770 2-812 12,30/94 34:10% 353 12 0% 22 ' 2. Limitations cm Actions. In the event any construction, alteration, or landscaping wcrk is coramenced upon any of the lands within the Subdivision in viclation of these Covene rs, and no action is ccmmencad within -=.ac hundred sevent-- (270) days thersaftar to restral= such iialation. chen in:'anctive cr eâ‚¬,=S=able relief shall be denied, -UU art acricn fer damages shall 4--- 1 available to anv :ar=y aggrl eved â€ž44 - -- . I.-A -2 270-day limitation shail nct anniv to injunctive cr equitable relief against , cther - violacians of chese Covenants. 22=Z=12--ZI GENERAL ?RCV-3-ONS 1. Benefita alnd Burdens of Csvenanta: C=venants to Run. Except as etherwise specifically provided herein, all of the covenants con=ai.ned in =his instrument shall be a burden on and appur=anant tc the ti=12 =0 all of te land-s Wit.in. the Subdivision. Except as cnherwise specifically provided herein, the benefits of the Covenants cantained in this instrument shall inura to Pitkin County (or the City of Aspen, unon annexanion) and to the owners from time to time of all of the. lands within the Subdivision, and shall be deemed an appurtanancs to the title to such lands. The benefits and burdens of all of said Covenants shall run with the title =0 211 of the lands to which such burdens or benefits have been made appurtanant. 2. Teri pf Covenants. Except as otherwise scecifically provided herein, and unless amended cr terminated pursuant to Paragraph 3 below, these Ccvenants shall be perpetual, except that any covenant to which the rule against perpetuities or the rule restricting restraints on alienation may be determined to be applicable shall only extend and run for the period of the lives of Fredric A. Benedict, Fabienne Benedict and Arthur c. Daily, and their now living children, and the survivor of them, plus 20 years. 3. Anendmant or Ter=lination ge covenants. Except as provided below with respect to Pitkin County, and except as may otherwise be specifically provided herein, all cr any part of these covenants may be amended or terminated at any time by the recording in the Pitkin County, Colorado real property records of a resolution of amendment agreed upcn, executed and acknowledged by the then-current record owners of at least 4 Lots in the Subdivision if 5 or 6 Lots are entitled to vote, or of at least 3 Lots if only 4 Lots are entitled to vote. If Pitkin County (cr the City of Aspen, upon annexation) hereafter approves an employee housing use in lieu of a single-family residence use for Lot 1, Lot 1 shall no longer ba entitled to vote on the amendment or termination of these covenants. Similarly, if Pitkin county (or the City of Aspen, upcn annexation) hereafter approves a use other than a single-family residential use for Lot 5, Lot 5 shall no 18 NOVÂ· 0Â· 1033 JU.JOMM M ACL F ULLE A MA Unt I L u , 1,0.0/0) F â€¢ LU/ Lv 377682 B-770 0-814 12/30/ga 04:102 PG 19 OF 22 longer be entitled to vate on the amendment cr zarmination or these Covenanns. Ner-withs=anding She f.regoing, for so icng as yabianne Benedic=, Imsdric A. Benedict, any one or more c f =heir children. or a trust or trusts fir =he benefit of any cY said persons, owns Lot 5, these Covenants =ay not be amended or tar=inatad without the consent of said ownerfs> Further notwithstanding the faregoing, 7ny provision of these Csvenants which was required to be contained -nerain by approvals obrained by Jenedic= from Pitkin Ccun-tv including, vithcu= 11=iiation, 3 1 Z Rescluticn No. 94- 43 and acc. Resoluticn No. 94-AE, may nc= be made less rest=ictive, or terminated, winhout the consent of the Fickin County Board of County Commissioners (or =he City Council of =he City of Aspen, upon annexation). Finally, no amendment shall be adopted which changes the status of the Open Space Parcel as apen space without the prior written consent of Pitkin County, whether cr not the open Space Parcel has since been annexed by the City of Aspen. 4. Disclaimer. Except as expressly set forth in these Covenants, no representations of any kind, express cr implied, are given or made by Benedict cr her agentl or employees in connection with the subdivision cr any Lot or the open Space Parcel therein or any portion thereof, or an'f improvements thereon, or physical features thereof, or the fitness thereof for any purpose, or utility service thereto, or the development potential thereof or any manner of compliance with the Pitkin County Land Use Code or applicable environmental cr other laws or regulations, or with resnect to the cost of owning, develcping, enjoying or maintaining any of the lands within the Subdivisicn. 5. Severability. Should any provision of these Covenants be declared invalid cr unenforceable by any ccurt of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining Covenants. IN WITNESS WHEREOF, Beiedict has executed these Protective Covenants as of the day and year first above wr- U .=Ill - - - Uo.6./ .t-/I./ FU.u 4.6 d- Fabienne Benedict STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) regoing Protective Covenants were acknowledged before me /4,â‚¬hisek; 7 ay of Decamber, 1994, by Fabientle Benedict. Wit:-:~st my hand and offigi*1 seal. ~ Â· z My bomoRission expires 3~4*23- 7 1 -~ i< SEAL) , j ; Dith--18*7rÂ»A . ./27 Notarf Public d 13958. 19 "14 INOVÂ· v 1:00 1 U Â· U JM.Â¥1 KL - , ULLLI, 1-ll~ WIll _Ul illÂ· 'i '' i Â· 377682 8-770 2-815 12/30/94 04:10P PG 20 OF 22 SCHEDULE A . ENERGY SAVING MEASURES 1. Thermal design parameters (as --und wi -949 referanca RS-1; 1985 ASHRA2 Handbcck cf Fundamen-cals). - Degree days heating - 8850 Temperaiure differential - 35 degraes F Location - Aspen, CO; 39 degrees north latitude Building envelope components - (a) . , - Crcss area - U<0.12 single familyÂ£ 3 Wai-s U<0.24 multi-family '10.1 (b) Roof/ceiling - U<0.028 single and =ultif amily (all) 021Â·.~g (C) Flcors over unheated spaces; (all) (1 X.9 1 U<0.03 (d) Heated slabs on grade; insulated to 4 ft belaw finish grade (f.g.) all i R>9.2 (a) Unheatad slabs on grade ; insulated to 4 Zt below f.g. (ali) R>6.3 (f) Basement walls; insulated to floor level or 10 feet below * rt (all) U<0.075 *Â·! 1 (g) Crawl space walls - U<0.06 (all) Â¢i iG~Â·-- specific component assemblies will be identified at time of permit application. In addition to the generic assemblies included within MEC appendix Table Nes. 602.2.la, b, c, 602.2.2, 602.2.3, 602-2.5, and 602.2.6, other assemblies may be offered along with independent documentation of thermal performance from industry-recognized sources. 3. For wall and roof openings, air infiltration shall be less than the maximum amounis specified within MEC Table No. 502.4.2 for manufactured windows and doors, v.i.z.: (a) O.34 cem per foot of operable sash crack for windows (b) 0.5 cfm per square foot of door area for swinging and sliding doors. In both cases, information Will be provided from manufacturer's literature substantiating the component's attainment of these requirements. Site-built openings will meet the general requirements outlined below as required under MEC Sec. 502.4.3. General construction tachnique will assure that exterior j oints in the building envelope Â· that are sources of air leakage, such as around window and door frames; between wall PloÂ¥. U. \000 , U Â· 0 J M ,Â¥1 1Â¥1 ' ' IMEL I ULL=,~ n It 'w:i. , LV I ''/'ll.! % ' --i . W 377682 8-770 2-816 12/30/94 04:100 PG 21 CF 22 cavities and windcw and dcor frames ; ber-jeen walls and foundations. berdeen walls and =scf/cailings and be=ween wall panels; openings at pener=arions c:! 7,111zy servicas through walls, floors and =cofs; and ail other such openings in the building envelope shall be caulked, gasketed, weathers..ipped or otherwise sealed in an acceptabia manner. 1 4. Building Mechanical Systems - rha Zellowing operational requirements shall be sanisfied: (a) Heating systans shall be sized in accordance with the procedures called cuz in Chapters 25 and 2 5 of Standard RS-1 (1985 ASHRAE Handbook of yundamen=als). '1 (b) Infiltration shall be calculated as in Chapter 22 of the same reference. i (C) Gas fired furnaces and bcilers shall exceed the 75% efficiency requirements of MEC Table No. 303.4.3. Math furnished by the equipment supplier or certified under a nationally recognized car.tification program will be used t to demonstrate compliance. (d) Each mechanical ventilation system provided shall be switched from a readily accessible location. Where required by MEC Sec. 403.4.4, tight-fitting dampers will be provided to control air flow when the individual system is not in use. (e) All "all-air" heating systems will be designed with an air transport factor (as defined in MEC Sec. 503.5.1) greater than 5.5. Other medium systems will be designated to an efficiency equivalent to an nall-air" system as required-by MEC Sec. 50 3.5.2. (f) All air and water systems will be designed to provide a means for balancing the system operation. (g) Thermostat control shall be furnished consistent with the 55 to 75 degree requirements of MEC Sec. 503.8. as well as the control setback and shutoff requirements of MEC Sec. 503.8.3.4. (h) Zones for the system operation shall meet the minimum requirements of NEC Sac. 503.8.3. Within single family spaces, control shall be provided to partially restrict or shut off the heating input to each zone or flocr level. Within multifamily dwellings, similar controls shall be *resviaaEr-rEF-3635 rbom. (i) For systems that utilize heated air energy transport, the duet system shall be insulated to exceed the minimum R 2 I . ..t# * 09, .?L -1,"caiki"85- V )*A ' 0:0'*:40. 0 I . , ..0 - 147 /5 - MI. g. %46: Stillwater Ranch Subdivision/ PUD CKEEK Conceptual Submission STUDIO Affordable Housing Project 36 North Fourth Street Carbondale, Colorado 81623 v970.963.1971 f970.963.1622 Â· www.otak.com .6.-irL.I- Modgy SullogUISua 3 xtpuaddy ENGINEERS SURVEYORS bGM (970) 925-6727 SCHMUESER P.O. Box 2155 FAX (970) 925-4157 GORDON MEYER Aspen, CO 81612 November 22, 1999 Mr. David Michaelson OTAK / ROCK CREEK STUDIO 36 North 4* Street Carbondale, CO. 81623 RE: Benedict-Stillwater Ranch Parcel 1, Lot 1 Affordable Housing Proiect, Conceptual Submission Engineering Report Dear Dave: This engineering report is provided in support of a Conceptual Subdivision application to Pitkin County for the proposed affordable housing project on Lot 1 of Parcel 1 of the Benedict-Stillwater Ranch. I have endeavored to provide information and responses for the engineering-related criteria of the County Land Use Regulations under Sections 3-70 Water Resources, 3-80 Areas of Local and State Interest/1041 Environmental Hazard Areas, 3-110 Improvements and Services and 3-120 Impacts on Taxes and Management of Necessary Services regarding the development plan and the proposed configuration of infrastructure to serve the affordable housing building sites within Lot 1. My comments are based on meetings and discussions with relevant agencies as well as site inspections and compilation of area mapping. Proposed Development This Conceptual application addresses the proposed development of a previously subdivided existing property, owned by Pitkin County, and known as Lot 1 of Parcel 1 of the Stillwater Ranch Subdivision. The site comprises approximately 4.179 acres and the proposed project will create a total of 17 affordable housing units, 13 three-bedroom units and 4 one-bedroom units. Lot 1 also encompasses part of the existing Stillwater Road which is a paved access serving the lots on Parcel 1 as well as parcels 2 and 3 and the Shadowood Apartment complex to the east. The property is located southeast of the City of Aspen in unincorporated Pitkin County across Highway 82 from the Eastwood, Knollwood and Mountain Valley Subdivisions. Infrastructure to serve the site is generally in place following construction of utility extensions to serve the Lots on Parcel 1 last Summer. Water System The proposed building sites for Lot 1 are located within close proximity to existing water distribution mains of the City of Aspen Water Department. Lot 1 is located adjacent to the existing 12 inch line through the Stillwater Ranch in Stillwater Drive. The 12 inch diameter line that traverses the Stillwater Ranch and interconnects to Highway 82 at Stillwater Road (see schematic utility plan) was installed in 1987 to provide service to the Preserve Subdivision and 118 West 6th, Suite 200 â€¢ Glenwood Springs, Colorado â€¢ (970) 945-1004 November 22, 1999 Mr. David Michaelson Page 2 to accomplish looping of the water system in the area east of town. Based on the current plan for 17 units in a total of 7 buildings on the site, service to Lot 1 can be accomplished with a short main extension of approximately 175 feet to a fire hydrant adjacent to the entry loop. Fire hydrants exist at the intersection of the existing access road and Highway 82 as well as at the "split" in the road where access to Lot 1 leaves Stillwater Road. A Utility Connection Permit and Water Service Agreementlorm has been approved by the City of Aspen Water Department for service connections outside the city limits. Development of up to 17 units of affordable housing on Lot 1 was not anticipated by the existing Water Service Agreement, however, and the agreement will need to be updated to address this change from the single-family dwelling anticipated in the original agreement. Sewage System 1 An existing Aspen Consolidated Sanitation District (ACSD) collection main serves the Shadowood ~ Apartments and is routed through the Stillwater Ranch property along the Stillwater Road, exiting to the north to a collection trunk in Highway 82. Service to the proposed affordable housing on Lot 1 would involve another short main extension of approximately 161 feet connected to the existing sewer main in the Stillwater Road. Depending on the final locations and configurations of the individual structures, most notably Building "G", lift pumps for the service lines may be necessary. Gravity service lines should be feasible for buildings "A' through "F". The current site ~ plan calls for utility chase connections between buildings A/B, C/D and E/F. The utility connections between the buildings should serve to minimize utility service requirements and allows these structures to function as single buildings per the utility plan. Service from the ACSD will require a tap fee surcharge, in addition to the normal tap fee, of up to $2,000 per EQR (Equivalent Residential Unit) as a proportionate share of downstream system ~ improvements for any additional customers in the East Aspen area including this project. Miscellaneous Utilities Electric Service Underground electric service conduit was installed last Summer from the existing overhead line along the north side of Highway 82 at the intersection of Stillwater Road and Highway 82 to the ' Lots within Parcel 1. Jeff Franke of Holy Cross Energy, the rural electric association that serves the area, has indicated that service to Lot 1 is feasible from the new extension. A further primary extension was also constructed along the common access driveway within Parcel 1 and we I would propose to utilize an electric vault that was installed on the west boundary of the site last Summer as a point of connection. Service to the seventeen units of the Stillwater Ranch Lot 1 project would otherwise be available | from Holy Cross Energy subject to normal service connection charges. SCHMUESER GORDON MEYER, INC November 22,1999 Mr. David Michaelson Page 3 Gas Service KN Energy and our construction of last Summer confirms the existence of a 4 inch diameter natural gas transmission line through the Stillwater Ranch property. Capacity is available from this line to serve all the proposed homesites subject to construction of appropriate service extensions, installation of meters and normal service connection charges. Phone and Cable TV Phone and cable TV lines now exist within the Stillwater Road and capacity is available in both lines to accommodate the new homesites subject to construction of internal line extensions and normal connection charges. Access The existing Stillwater Road is 20 feet or wider, is paved with asphalt and does not exceed 6% grade. Section IV, "Road Design Standards" of the Pitkin County Road Management and Maintenance Plan, as adopted on February 21, 1 997, would characterize the existing Stillwater Road as at least a Class IV "Rural Access" roadway with a capacity of up to 800 vehicles per day (vpd). Access to the driveway intersection of Lot 1, therefore, is entirely adequate for the proposed units as well as the 15 units of apartments at the Shadowood complex and the previously platted Lots 2,3 and 4 of Parcel 1 and Parcels 2 and 3 of Stillwater Ranch. The intersection of Stillwater Road with Highway 82 is established and has good sight distances onto the arterial in both directions. The existing bridge across the Roaring Fork River is a steel beam structure with a width of 231/2 feet and appears to be in good condition. While I have not located original design drawings of the existing bridge, our firm has inspected the existing structure and an independent laboratory, Independent Testing & Inspection Services Inc. of Conifer, Colorado, provided field verification of the steel material in the structure back in March of 1994. Based on the most conservative conclusions of our structural evaluation, and supported by further material testing of the steel members, it would be appropriate to operate partially loaded trucks of the largest types over the Stillwater bridge without concern for overloading the structure or damaging the bridge. Good examples would be concrete trucks, large dump trucks and tandem vehicles. Such vehicles should be operated with approximately half their normal payload to ensure compliance with the load limitations for the Grade A36 steel in the bridge support. This limitation is directly comparable to the load limitations currently in place on the State Highway 82 bridge over Maroon Creek just west of Aspen. All smaller vehicle types will have no problem utilizing the bridge for access into the area. I would note that, despite extensive historic use by loaded gravel trucks exiting the Benedict Pit, the bridge remains in good condition. The existing access driveway into Lot 1 leaving Stillwater Road currently meets the Pitkin County "Country Access" standard in terms of grade and width. RCHMUESER GORDON MEYER, INC November 22, 1999 Mr. David Michaelson Page 4 Drainage and Erosion Control Construction of these seven structures on an elevated site within Lot 1 will result in generally moderate impacts on area drainage. I have attached a copy of my drainage calculations for the Benedict-Stillwater Lot 1 Affordable Housing Project. These calculations form the basis of our proposed grading and drainage plan for the site. The Benedict-Stillwater Affordable Housing site is located on a parcel which is currently undeveloped. The total area effected by the housing project (for purposes of my drainage calculations) is roughly 2.4 acres and the new buildings represent a finished footprint of approximately 15,854 square feet (0.36 acres). For purposes of the drainage calculations for the Benedict-Stillwater Affordable Housing project, I have used a Rational Method calculation. As noted above, the site is currently undeveloped and covered with dense native vegetation. Site drainage currently sheet flows off this relatively mounded site in all directions. Upslope drainage does not impact the site. Our calculations, using established Intensity-Duration-Frequency curves for Aspen, indicate that 1,397 cubic feet of on-site detention volume is required to maintain estimated pre-development off-site flow volumes for the property subsequent to the construction of the proposed housing units, paved entry and parking areas, walkways and landscaping. We have proposed to accommodate this volume with grass detention areas around the site perimeter as shown on the drainage plan. We feel that these volumes address the required design criteria and would significantly improve conditions compared to the existing site. Typically, grading should be positive away from the individual structure. I would also recommend routing footer drains by , gravity to daylight for this site. During the construction phase, silt fencing and temporary sedimentation swales should be used to prevent sediment from entering the areas designated as "undisturbed" or travelling off-site. The site should be revegetated as soon as is practical after construction. Fire Protection Based on our conversations with Aspen District Fire Marshal Ed VanWalraven during the subdivision process for Parcel 1, any buildings constructed within Parcel 1 in excess of 5,000 square feet will require internal fire suppression sprinklers. My previous conversations with the Fire Marshal regarding this site have also indicated that the existing fire hydrant on the Stillwater Road is adequate to serve Lot 1. Our current plan for water service to the site will also add a new fire hydrant within the site plan. In addition, the loop driveway design will accommodate fire truck access and turn-around. SCHMUESER GORDON MEYER, INC November 22, 1999 Mr. David Michaelson Page 5 Floodplain I have previously supplied a copy of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map dated June of 1987 for incorporation into the site plan. The Flood hazard map clearly indicates that the homesites contemplated by this application are well outside the 100 year flood plain. I hope these items are helpful in your preparation of the Conceptual Submission application for ' the Stillwater Ranch Parcel 1, Lot 1 Affordable Housing project. I have provided a schematic utility plan including a plan and profile of the proposed sewer extension for service to the proposed homesites for inclusion in the application package. Please feel free to contact me if I may provide further assistance or comment. Very Truly Yours, SCHMUESER GORDON MEYER INC. -1 < /Jay V~. Hammond, P. E. 4/ Principal, Aspen Office JH4h 92049ER4 CC: Lee Novak, Aspen / Pitkin Housing Authority, Project Manager Steve Novy, Michael Fuller Architects SCHMUESER GORDON MEYER, INC joe 5 -,lea/(l~ lit|,0(Ater Ati SCHMUESER GORDON MEYER, INC. 1 SHEET NO OF ~-- 118 W. 6th St. Suite 200 P.O. Box 2155 Glenwood Springs, CO 81601 Aspen. CO 81612 (970) 945-1004 (970) 925-6727 CALCULATED BYN1IL~-= DATF |0 '|3 '99 FAX (970) 945-5948 FAX (970) 925-4157 CHECKED BY DATF SCAI F -690.ted,14 - 5 41.11449 r AftkoULIL- 4.6 UbiA~ 9-4, Aole G[colat'o-,is 9460 GAL 3Â·10-0-10 41 C.IA 2 5- F eA' 2,4- Ars JOitted- s; Ae @ 10â‚¬,920 A- 2(fÂ·43 AÂ¢) 10 ..41 1.2 g 3. â‚¬L R ~ r 8 -4 e J)rei 6 .zg 41*ve-(, ol~,1* velâ‚¬-421+ <2 Q =&1â‚¬)(30Â·52- iA~Ar)(leâ‚¬,Rzo -4-9 -- o z â‚¬ C. L 9 fi<b~r) (log, lzO fe D r 1,141 1 4 -1- 4 711 r = z. ie efs ~DEV- SJUL A,Â« -te _~ 0 4.,,tol 7 2 - 1 51%54 ,15- .99 ,14 FtwdrvA,4 ~24 (3,400 . / 7 . 95- .17 Low,6(Af e 45,1 0% .43 .35- .,5* l> 1, blu,bed. Zlo'449 u131 .Zâ‚¬ . OG los, qze 1.00 0.51 Q =c.sz-) C.zq Â·C+Cko (togzo -Ct z-0 i le, I 56.33 fe fk r 11' 1 f S.101, SNegl 205 1 IPaddedl AR 154%04,6 bullu,Ar AA SCHMUESER GORDON MEYER, INC. 2- 2- SHEET NO OF 118 W. 6th St. Suite 200 P.O. Box 2155 Glenwoolptr,248 1601 (b'%)' 211176217 CALCULATED BYe:. ~ DATF 10.13-9 9 + FAX (970) 945-5948 FAX (970) 925-4157 CHECKED BY DATF SCAI F 2 4,49 CAb -Diff z Z..33(.Ps e \0 v.i A ----1 ~~ 1,39-1- 0 /V3 1KEQuieÂ£.D OE:rEA1no 14 I - c -1/,ze' G 6' 10 (wf Ary wdltÂ¢ T ?94.1 fs./10 St'.PI, M5 1 Ipal*d~ . 3 f ,4Â·. 70 '... 90. ..M~ 142 - Â·Â·Â·Â· 44. I'lli.~73. %*1*A, . . 14'. . 9 . . .pt 4'., 0 I ' 4 I â€ž . ..1. .... 01 . Stillwater Ranch O,~~ROCK Subdivision/ PUD CKEEK Conceptual Submission STUDIO Affordable Housing Project 36 North Fourth Street Carbondale, Colorado 81623 v970.963.1971 f970.963.1622 www.otak.com UouÂ«160AUI It?0!Ulpoi-039 LIWI PRELIMINARY GEOTECHNICAL INVESTIGATION STILLWATER RANCH PITKIN COUNTY, COLORADO Copy Prepared For: MICHAEL FULLER ARCHITECTS 710 East Durant Street Aspen, Colorado 81611 Attention: Mr. Steve Novy Job No. GS-2792 September 16, 1999 CTL/THOMPSON, INC. CONSULTING ENGINEERS 234 CENTER DRIVE â€¢ GLENWOOD SPRINGS, COLORADO 81601 1 (970) 945-2809 Ul TABLE OF CONTENTS SCOPE 1 SUMMARY OF CONCLUSIONS 1 SITE CONDITIONS 2 PROPOSED CONSTRUCTION 2 SUBSURFACE CONDITIONS 3 SITE DEVELOPMENT 3 Site Grading 3 Utility Construction 5 Underdrain 5 Pavements 6 BUILDING CONSTRUCTION CONSIDERATIONS 6 Foundations 6 Floor Systems and Slabs-on-Grade 7 Basements Copy 7 Surface Drainage 8 RECOMMENDED FUTURE INVESTIGATIONS 8 LIMITATIONS 9 FIGURE 1 - APPROXIMATE LOCATIONS OF EXPLORATORY PITS FIGURE 2 - SUMMARY LOGS OF EXPLORATORY PITS FIGURES 3 AND 4 - GRADATION TEST RESULTS FIGURE 5 - SEWER UNDERDRAIN DETAIL APPENDIX A - GUIDELINE SITE GRADING SPECIFICATIONS MICHAEL FULLER ARCHITECTS STILLWATER RANCH CTUT GS-2792 Ul SCOPE This reportpresents the results of our Preliminary Geotechnical Investigation for the proposed multi-family residence buildings to be built at Stillwater Ranch in Pitkin County, Colorado. The purpose of our investigation was to evaluate the subsurface conditions at the site to assist in planning and development of the site. The reportincludesdescriptionsof subsoiland ground waterconditions found inour exploratory pits and discussions of site development as influenced by geotechnical considerations. The investigation was completed in accordance with our Proposal No. GS-99-120. This report was prepared from data developed from conditions disclosed by our exploratory pits, site observation, results of laboratory testing, engineering analysis, and experience with similar conditions. The criteria presented in the report are intended for preliminary ifE}Ir - SeS. Additional site specific l, investigations will be required to'*s foundations and pavements. A - 3 -- brief summary of our findings and conclusions is presented below, with more complete descriptions and results of field laboratory tests included in the report. SUMMARY OF CONCLUSIONS 1. Subsurface conditions encountered in our exploratory pits generally consisted of 1 foot of silty sand and gravel "topsoil" underlain by silty sand and gravel with cobbles and boulders to the total explored depth of 12 feet below existing ground surface. Ground water was not encountered in our exploratory pits during this investigation. 2. Preliminary information indicates buildings can be founded on footings supported by the natural sands and gravels. A design level soils and foundation investigation should be performed for each buildings. 3. Preliminary information indicates potential differential movement of slabs-on-grade constructed on the natural soils atthis site will be low. Site specific studies should be performed to evaluate volume change potential. MICHAEL FULLER ARCHITECTS STILLWATER RANCH CTUT GS-2792 1 U 4. For preliminary planning purposes, we anticipate full-depth asphaltic pavement sections on the order of 5 to 6 inches for access drives and parking areas. 5. Surface drainage should be designed to provide rapid run-off of i surface water away from the proposed structures. Water should not be allowed to pond on or adhcent to pavements. SITE CONDITIONS Stillwater Ranch is located south of Highway 82 and west of Stillwater Drive in Pitk: County, Colorado. The site is bordered on the north by the Roaring Fork River and on the east by Stillwater Drive. A paved private road is south of the site. 1 An existing dirt road runs from the southwest corner of the property to the river near the center of the northeast property boundary. Dense aspen groves with weeds and occasional pine trees covered most of the site. Numerous boulders were observed on the ground surface. A topogriFihc higtgs*jecated nearthe south-central part of the site. Ground surfaces slope gentl+4!i~o~â€¢fi~~11 directions from the high point. Steep slopes in the north and east portions of the site drop down about 10 to 15 feet to a flat bench along the Roaring Fork River. An existing excavation on the order of 6 feet deep was located at the south corner of the property. No structures were iresent on the site or adjacent land to the west. PROPOSED CONSTRUCTION The site will be developed for multi-family residential buildings. Preliminary as viewed indicate 4 buildings are planned. The buildings will likely be two-story, ood fr" utructures with basements. We were informed thatmaximum excavation depti the buildings would be on the order of 10 feet deep. Detached parking struc es willalso be constr -.ed. Developmentwill include construction of paved 1 2 access drives and parking areas. MICHAEL FULLER ARCHITECTS STILLWATER RANCH 2 CTUT GS-2792 U SUBSURFACE CONDITIONS Subsurface conditions at the site were investigated by excavating 2 exploratory pits at the approximate locations shown on Figure 1. The preliminary field investigation was limited to two pits because most areas of the site was not accessible due to dense vegetation. Excavation of test pits was directed by our engineering geologist who logged the soils and obtained samples. Samples obtained in the field were returned to our laboratory where field classifications were verified and typical samples selected for testing. Graphic logs of the soils found in our exploratory pits are shown on Figure 2. Gradation test results are presented on Figures 3 and 4 laboratory test results summarized on Table I. Subsurface conditions encountered in our exploratory pits generally consisted of 1 foot of silty sand and gravel "topsoil" underlain by silty sands and gravels with cobbles and boulddfght ..led,tal explored depth of 12 feet below jilv existing ground surface. Observaber u,m,g ycavation indicated the sands and gravels were medium dense to dense. Three samples of the subsoils were collected for gradation testing. The samples contained 7 to 13 percent silt and clay size particles (passing the No. 200 sieve). Ground water was not encountered in our exploratory pits during this investigation. High ground water normally occurs near the middle of June. We do not believe ground water will affect development of the site or impose limitations on basement construction. SITE DEVELOPMENT Site Grading Grading plans were not available at the time of this investigation. We anticipate cut and fill depths on the order of 5 to 10 feet will be required attain MICHAEL FULLER ARCHITECTS STILLWATER RANCH 3 CTUT GS-2792 LIEJ' construction grades. All areas which will receive fill should be stripped of vegetation, organic soils and debris. The resulting surface should be scarified to a depth of at least 6 inches, moisture conditioned to within 2 percent of optimum moisture content and compacted to atleast95 percentof maximum standard Proctor (ASTM D 698) dry densityand proof rolled with a heavy pneumatic tired vehiclesuch as a loaded water truck. Areas of soft soils should be removed prior to placement of fill. On-site soils free of organic matter, debris and rocks larger than 6 inches in diameter can be used as fill material. Topsoil should be placed in areas which will not support structures, utilities, or pavements. Fill should be placed in loose lifts of 10 inches or less, moisture conditioned to within 2 percent of optimum moisture content and compacted to at least 95 percent of maximum standard Proctor (ASTM D 698) dry density. Placement and compaction of fill should be observed and tested by a representative of our firm during construction. GuidelinesilÂ¢TheÂ»ggsperifications are presented in Appendix A. We anticipate excavations for the building foundations and utilities can be accomplished using conventional, heavy-duty excavation equipment. Excavation sides should be sioped or braced to meet local, state and federal safety regulations. The on-site sands and gravels will classify as Type C soil based on Occupational Safety and Health Administration (OSHA) standards governing excavations. Temporary slopes above ground water should be no steeper than 1.5:1 (horizontal ~ to vertical) in Type C soils. Contractors should identify the soils encountered in the ~ excavation and refer to OSHA standards to determine appropriate slopes. Excavations deeperthan 20 feet should be braced or the slopes should be designed by a professional engineer. , MICHAEL FULLER ARCHITECTS STILLWATER RANCH 4 CTUT GS-2792 U' Utility Construction Water and sewer lines are usually constructed beneath pavement areas. Compaction of trench backfill can have a significant effect on the life and serviceability of pavements. We recommend trench backfill be placed and compacted according to specifications in the Site Grading section. Placement and compaction of backfill should be observed and tested by a representative of ourfirm during construction. Underdrain Ground water was not encountered during this investigation. We do not anticipate excavations for foundations or utilities will penetrate ground water, however, ground water levels will vary with seasonal conditions, time of year and irrigation. The water could leadle hasements and increased potential for differential movementof foundati a leur slibs. We recommend an underdrain a ./ system be incorporated into the design of sanitary sewer systems. It should be possible to provide an on-site gravity outfall for the underdrain. The underdrains should consist of 3/4-inch to 1.5-inch clean, free-draining gravel surrounding a rigid PVC pipe. The pipe should be sized for anticipated flow. The line should consist of smooth, perforated rigid PVC pipe laid at a grade of at least 0.5 percent. A gravel cross-section of at least 2 square feet should be placed around the pipe. A positive cutoff collar (concrete) should be constructed around the sewer pipe and underdrain pipe immediately downstream of the point the underdrain pipe leaves the sewer trench. Solid pipe should be used down gradient of this collar. The underdrain should be designed to discharge to a gravity outfall which is protected with a permanent concrete headwall and trash raÂ¢k. Clean-outs should be provided in the underdrain system to allow maintenance. We recommend that responsibility for maintenance be established during planning. A typical underdrain detail is shown on Figure 5. MICHAEL FULLER ARCHITECTS STILLWATER RANCH CTUT GS-2792 5 U-' Pavements Preliminary information indicatedthesubgradesoilsatthesiteconsistof silty sands and gravels with good pavement support properties. Pavement sections should be evaluated during a design-level geotechnical investigation after site grading is complete. For preliminary planning purposes, we anticipate full-depth asphaltic pavement sections on the order of 5 to 6 inches for access drives and parking areas. BUILDING CONSTRUCTION CONSIDERATIONS Foundations The subsoils found in ourexploratory pits consisted of siltysand and gravel. Preliminary information indicat,â‚¬hhe=buiktiog, can be founded on footings 6 UU@ supported by the natural soils. 414 - oil pressure will depend on the specific soils below each building. We anticipate footings on sand can be sized for a maximum allowable soil pressure in the range of 2,000 to 3,000 psf. Footings supported on gravel can likely be sized for a maximum allowable soil pressure in the range of 3,000 to 5,000 psf. Fill may be required under some buildings. We recommend that all footings for an individual building be supported either entirely on the natural sands and gravels or entirely on a similar thickness of site grading fill to minimize differential movement. For buildings where fill is present under only a portion of the footprint, it may be appropriate to extend footing excavations through ' the fill so that footings are supported by the natural soils. A detailed soils and foundation investigation should be performed for each building afteroverlotgrading to determine the appropriate foundation types and to provide design criteria. 1 MICHAEL FULLER ARCHITECTS STILLWATER RANCH 6 CTUT GS-2792 Ul Floor Systems and Slabs-on-Grade Preliminaryinformation indicates potential differential movementof slabs-on- grade constructed on the natural soils at this site will be low. The sands and gravels are an excellentsoil to supportslab-on-grade construction. Floor slabs should not be supported in part on the natural soils and in part on fill. Swell-consolidation potential of the subsoils should be more thoroughly defined through a detailed soils and foundation Investigation. The following precautions will be required for slabs placed on the soils at this site: 1. Isolation of the slabs from foundation walls, columns or other slab penetrations; 2. Isolation of plumbing and utilities which pass through the slabs and flexible water and gas connections to allow for slab movement; 3. Isolation of exterio*0Atiq.2 ' Defc hrslabs from the residence; and UUWV 4. Proper surface grading andmper*neter drain installation to reduce additional water availability in below grade areas. Basements Free ground water was not encountered during the investigation. Ground water levels may vary with seasonal conditions, time of year and irrigation. Surface water can penetrate relatively permeable loose backfill soils located adjacent to buildings and collect at the bottom of relatively impermeable excavations causing wet or moist conditions. Foundation drains will be necessary around all below-grade areas. The drain should consist of a 4-inch diameter open joint or slotted PVC pipe encased in free draining gravel. Drain lines should be placed at each level of excavation, at least 1 foot b#low the lowest adjacent finished grade. We suggest foundation drains be connected to the sewer underdrain system with a piped connection. They may also discharge to sumps where water can be removed by pumping. In our opinion, underdrain systems offer more comprehensive control of MICHAEL FULLER ARCHITECTS STILLWATER RANCH 7 CTUT GS-2792 NID~ /2 ground water and better mitigate impacts of ground water and related differential movement of foundations, slabs and pavements. Basement walls should be designed to withstand lateral earth pressures. We anticipate basement walls can be designed using an equivalent density in the range of 40 to 50 pcf for this site. Preliminary lateral earth pressure values do not include allowances forsloping backfill, hydrostatic pressure orsurcharge loads. The design pressure should be established during design-level soils investigations. Backfill adjacent to foundation wall exteriors should be moisture treated and compacted to at least 95 percent of maximum standard Proctor (ASTM D 698) dry density. Surface Drainaqe The performance of foundations will be influenced by surface drainage. The ground surface around proposed'Zi?Uattic#,Iwuld be shaped to provide for rapid i. St 11'V runoff of surface water away from-the 1*Iffd rus and off of pavements. We generally =F recommend slopes of at least 12 inches in the first 10 feet where possible in the areas surrounding structures. Irrigation should be minimized to control wetting. Roof downspouts should discharge on splash blocks well beyond the limits of backfill around the buildings. Water should not be allowed to pond on or adjacent to pavements. Proper control of surface runoff is also important to limit the erosion of surface soils. Sheet flow should not be directed over unprotected slopes. Water should not be allowed to pond atthe crest of slopes. Permanent slopes should be re-vegetated to reduce erosion. RECOMMENDED FUTURE INVESTIGATIONS Based on the results of this investigation, we recommend the following investigations and services be performed: 1. Subgrade investigation and pavement design after grading; MICHAEL FULLER ARCHITECTS STILLWATER RANCH CTUT GS-2792 8 LWI 2. Design-level Soils and Foundation Investigations after grading; and 3. Construction testing and inspection for site development and residential building construction. Field and laboratory data from this investigation can likely be used and supplemented as necessary for some of the future investigations. CTL/Thompson, Inc. would be pleased to perform the investigations. L]MITATIONS Our exploratory pits were widely spaced to provide a general picture of the subsurface conditions fordevelopmentplanning. Thepreliminary field investigation was limited to two pits because most areas of the site was not accessible due to dense vegetation. Variations not indicated by our pits should be anticipated. We should review grading plans prio,13'tanstructiondo look for potential geotechnical il i li 31; concerns. ~*0'/4 y a 9 We believe this investigation was conducted in a mannerconsistent with that level of care and skill ordinarily used by geotechnical engineers practicing in this area at this time. No other warranty, express or implied, is made. If we can be of further service in discussing the contents of this report or the analysis of the influence of the subsurface conditions on the design of the proposed development, please call. CTUTHOMPSON, INC. Reviewed by: James D. Kellogg John Mechling, P.E. Staff Geotechnical Engineer Branch ManÂ¢ger JDK:JM:cd (5 copies sent) MICHAEL FULLER ARCHITECTS STILLWATER RANCH 9 CTUT GS-2792 STILLWATER RANCH PITKIN COUNTY, COLORADO 1.15.,1 0 r 4 36% -- S 36.00'00~ W 355.60' / W 170.00 -. - --- L=/. &60 ..#15. -- , - 1 CÂ¢*Jâ€¢ / .- 1 Un / E - r / 0 . / - 111 / 1 -_ , 0/ 4 .0 - .-- / I K((4 - - . 1 , , ve.TE. ' 44 . -- 4 - . .4,410&6 / Â¥ \/---/ .44 // -- -. I A e 2 Ot g . 5.- C Â© El UNIT 2 . 3 U IT 2 1// 7 39, (1 P.q UNG 1 42Â· e ~~ f I jdll--- , * 41' 1 9- 37. 1 / -- . 1 N 25,53*00' E 232.65 -44 31 4 UNIT TA - 0 1% 41 7 - a % 6 ./ N .6 4 -T 1 .$ 0 00 4 + 0 Â®Â® 4 t *p , U IT l B -- 9. 4 , 1% -- 1,@ Â® ki., 4 I 'fe / 1 7 v *Ap @ - Â® i . 16 1 IN . 0 UN u I - UNmt j 3 4, . 2 1. 1 r/v a ' - UNIT 1 9 12 -3- UNIT IC UNIT 1 ~ , 1*Om ?7 c - ELE[/ 9 0 13/.T m - /4 2. / 2 -0 0 -- 9 0 47. P 49â€¢ 316.24 00- --- N 12002'42' . Â® 40 / - 24 *Â® / 147 42~*F \ /.// 2, 9 4.41 \ .67' i -04 \ 17 .* 4. %1t , 9,9 0 1 /''/1,0 0%.4. vbp 1 5%. APPROXIMATE LOCATIONS OF EXPLORATORY PITS Scale: 1Â»=50' Job No. GS-2792 ng. 1 N, 91 Â¥1 0,00 390] ,Â£"92 At .9/.00â€¢6q N 31\L\31 KNOLLWOOD SUBDIVISION 0,2. 37.380 E 7000' t,/3.No. 8010 -1 TP-2 -0 0 - - 603 - 1.0.9 - .2:dll 3 - - 5 5 - -0..4 11 - 1.06.C O.. 00 - .. . C '06 .00.C D..0 - 269 ?..2.K 9.0 - 10 0 -..i- 10 - i 99 46IC - 0.0. - - 15 15 - CJ nit LEGEND: IY JfOTES: Sand and gravel "topsoil", slity 1. Exploratory pits were excavated with with vegetation and roots, loose a backhoe on August 27, 1999 moist, dark brown. Gravel and sand, silty with cobbles in our exploratory pits at the time 2. No free ground water was found .0 ... and boulders, medium dense to fol of excavation. Pits were backfilled dense, moist, light brown. (GM, GP-GM, SM, SP-SM) immediately after excavations were completed. 3. These exploratory pits are subject E Indicates bag sample. to the explanations, limitations and conclusion as contained in this report. SUMMARY LOGS OF EXPLORATORY PITS Job No. GS-2792 Fig. 2 1?&%-49:0 Depth In Feet lili lili Ill ffÂ«Â· pt Depth In Feet LLrl HYDROMETER ANALYSIS | SIEVE ANALYSIS T 25 HR. 7 ,R. TIME READINGS U S STANDARD SER ES CLEAR SQUARE OPENINGS 45 MIN. 15 '.lIN. 50 MIN- 19 MIN 4 MIN. 1 MIN. 200 ..00 â€¢50 -40 .30 -5 Â·10 *9 Â·4 3/8- 3/4- 1'6" 3" 5"6" 8- 100 3 -------------------4------ 90---------- -====EEâ‚¬23332333333222~32111122*D/EEEâ‚¬EEEUE=~ ---------4--------------1----- '-- 80------------------------------------------------------------------ 20 70 -__-__ ____-_---_-- _ _--_-_____ _-_---__-_-___ _---__ ____ c_-_I 30 Â£ - 60-------------------------- ---------1-i-#~-~-----Illillu--- - do i - 50_______________ _ 50 ~ -- ENEEEJEE.JEJEE---3-ZE-Z -/2 3--EZZEZZZ--ZEZZEZZIZIZZZ 40 - - - - ----- --- 60 30 ---Ii--il-'ll------------ 70 1------i-------------il------------------------ --4- --------Ii.--------------------- 20 <-------------- -'------ c ZZE ii.2 -- -I _--_ _ _-an 10 0------------ -----------------1--------------4-------------------- -400 001 0 202 005 CCS 019 037 074 149 297 590 ' 19 2.0 2 38 4.75 3.52 19 1 36.1 76.2 127 200 042 152 DIAMETER OF PARTICLE IN MILLIMETERS ./l\/Al CLAY (PLASTIC) ro siLT (NON-PLAST:C, Vn.--# 1 I.../........- ,!NE ~ MEDIUM I COARSE I FNE | COARSE ~ COBBLES J Scrnpie of SAND. SLIGHTLY SILTY (SP-SM) GRAVEL 34 % SAND 55 9 From TP-1 AT 1-4 FEET .0=I :~lih #41 , - SILT & CLAY 11 % LIQUID LIMIT . 9 Li, upy PLASTUTY INDEX -3 9 HYDROMETER ANALYSIS | SIEVE ANALYSIS ~ 25 H 7 -R TIME READINGS U S. STANDARD SER ES CLEAR SQUARE OPENINGS 45 MIN. 15 MIN. 60 MIN. 19 MIN. 4 MIN. 1 VIN .:CO *100 50 '40 '30 016 ~10 -8 3/8 3/4- 17,- 3- 5-5 3- 100 ------------------- i----------1-~I-------------------------------- 90 ---- ------ --------------I-----I----------------1---, ----------- 0 -----4----------------------- 80 ---------- 20 70 30 c 60 ----- 1------- ---- ---- 40 E tii f i tlii(Iifil IÂ»Â« ililitili 11{1 {115Â° ~ 50 --------------- 40 -------------------------------I------------------------ 0 -----------------------i-- r-ELEEZZZLIZIEIZEZIZE-ZIZE:ZEZZEZE Z~7223-2222ZZIZER au - 80 -------1-------------1---- --- --------------~I---------------11-- ---1----- -----------------1-----1.1-. ------------1.-----------------9.-I-----1----- 10--=01/00<-----------------------------------07 ---------------------------------------- --- --------------------------------6------------1---- 0 #-~~~------- ---------------------------------------------100 001 0 002 305 009 019 337 074 1149 297 590 Â· '9 2.0 2.38 4.76 9 52 19.1 36.1 762 127 200 0 42 152 DIAMETER OF PARTICLE IN VILLIMETERS SANDS GRAVEL CLAY (PLASTIC) TO SILT (NON-PLASTIC; ANE | MEDIUM | COARSE | c NE | COARSE ES Sample of GRAVEL, SLIGHTLY SILTY (GP-GM) GRAVEL 50 % SAND 43 9 From TP-1 AT 8-12 FEET SILT & CLAY 7 % LIQUID LIMIT - 9 PLASTICITY INDEX 0 Gradation JOB NO. GS-2792 Test Res u Its FIG. 3 PERCENT PASSING PERCENT PASSING =1 L-' 5 HYDROMETER ANALYSIS 1 3,=VE ANALYSIS -R. 7 HR TIME READINGS U S. STANDARD SERIES CLEAR SQUARE OPENINGS MIN 15 MIN SO MIN 19 MIN. 4 MIN 1 MIN. *220 -'00 ~50 '40 Â·30 Â·16 -Â·2 -8 -4 3/8- 3/4" 17- 3- 5-6- 8 100 ----9------------4----------- ----- -- ---------------------------------------------------1----- i~----I--- -------1--- 0-----------------4------------------+--------------- -1- ----------- 10 -----MI--------------------------- ------------ 80---------- -- -- --+-------------------------------- ----- -,- - 20 ----------------1-------------------------------- ------------i-I.~*-1-- -~i- -- ---.--- --- ------ --- - -~1- - - -1-- /0 t--gill---lill-&*-------------------------- I 2 30 -i----------- ---ip'i--------------1-- --------1,----1----~1------1----------------- --1-1--'---------------1-- 6----------i---------------~1--------------- 60 -----'- -- 40 ------ ------- il- ---------------1~1 - - -- --- ---- -I'.--- - -- -- - --- --- - -1 --- --- - - -- - 50 ' - - ' 50 - -- -1- ----------~i- ---+------------------ ----------- .1 -f--- .1.---------- ------------i------~1---4---~I---------- ----------1-----1--il-------~i-- - --- -- - ---ip .li .- .i~~).--- ----- --- --- - --- -- - ------ -- -------- ---------l~i'-- ---- ---*-- --------------------- - --1. - - 60 ------------------------------U 30 Â· 70 -----1------9-----1------------ip--- --- - - --1-- ----- -- -- -I-- ---- ------- --4- -1.-1--- -- - --- -gl--- ---i- ---- -- --- --- - - -- -- -- -- - -- -- -fl- ------- --- - -- - -- - - -'- - m - ----- +- + -* -- + -- - -- --- ---- - ------ ---'-----------'--An -------lf------------------ ji-------------------------------------- -- -------4------------------------------- --- -- -- --- -- -- - - ---- --1 -------- -- - ----- - -- - ------- --- - -- - - -1 -- - --- 10 -~i----------------------------------------- 0--------- --- --- ----- -------------------------+-- -.- -------- ----- In 2 100 001 0.002 005 009 019 037 .074 149 297 590 119 2 2.38 4 76 9.52 19.1 36.1 76.2 127 200 0.42 152 DIAMETER OF PARTICLE iN MILLIME-ERS SANDS GRAVEL i I ~ CLAY (PLASTIC' TO SILT (NCN-PLASTIC'; .INE ~ MEDIUM CCARSE | FINE I COARSE | CCBBLES Sample of SAND, SILTY (SM) GRAVEL 30 % SAND 57 % Fre m TP-2 AT 4-6 FEET = SILT & CLAY 13 % LIQUID LIMIT - % 0 2 44 PLASTICITY INDEX -% 3 HYDROMETER ANALYSIS 3 E/E ANALYSIS 25 HR. 7 HR. TIME READINGS US STANDARD SERIES CLEAR SQUARE OPENINGS 45 MIN 15 MIN. 60 MIN. 19 MIN. 4 MIN. 1 MIN â€¢inn '-00 -50 40 *30 -16 -2 Â·3 Â·4 3/8" 3/4- 3" 5 6" 8" 100 --- ------------------U 90 ----------------------------- ------------~-I---------------------------------~il--------- 1U 80------- M------------------------I----I---- C___3__20 70 2--1-----------------------------------1 ----- ---------------- 30 60 40 50 ------------------------------------------------- 50 40 00 30 - --------6-------------------1.--1-------------1------------------- 70 20 ------+-*--------------*-------*-------------- ~80 --------4--------------------- -4- ------------ 100 0 001 0.002 .005 009 019 037 .074 149 297 590 1/,9 2.2 2.38 ~ 76 9.52 19.1 36.1 76.2 127 200 0.42 152 DIAMETER CF PARTICLE IN MILLIME-E-S SANDS GRAVEL CLAY (PLASTIC, TO SILT (NON-PLASTIC) FiNE ~ MEDIUM 22.ARSE F;NE | CCARSE COBBLES | Sample of GRAVEL % SAND % Prcm SILT & CLAY % LIQUID LIMIT % PLASTICITY INDEX % Gradation JOB NO. GS-2792 Test Results FIG. 4 01 0 <0 41 PERCENT PASSING PERCENT PASSING 03Nlv13 H IN3OH 3 r] 03NIV]3H ]Nal)H,d NOTE: NOT TO SCALE --ROAD SURFACE l WELL COMPACTED BACKFILL f 01 / - SANITARY SEWER ~44.,6 v i 4 141 A- WARAFI 140N 0.0-0406--0 0.-02 6. rt-57â‚¬ .2.<cqgl --6 INCH DIAMETER. SCHEDULE 40 pVC WITH SLOTS ON UPPER HALF. SIZED FOR ANTICIPATED FLOW. trqi 4%61 k24%260,0% Re,8.-91 - -CLEAN, WASHED GRAVEL (ASTW C33, NO. 57 OR 67) NOTE: DRAIN SHOULD BE SLOPED TO A POSITIVE GRAVITY OUTFALL TYPICAL SEWER UNDERDRAIN DETAIL ' Job No. GS-2792 Fig. 5 JOB NO. GS-2792 TABLE I SUMMARY OF LABORATORY TEST RESULTS NATURAL ATTERBERG LIMITS UNCONFINED SOLUBLE PASSING BORING DEPTH NATURAL DRY SWELL LIQUID PLASTICITY COMPRESSIVE SULFATES NO. 200 SOIL CLASSIFICATION MOISTURE DENSITY LIMIT INDEX STRENGTH SIEVE (FEET) (%) (PCF) (%) (%) (%) (PSF) (%) (%) TP-1 1-4 39 11 SAND, S[.IGIiT[.Y SILTY (SP-SM) TP-1 8-12 7.4 7 GRAVEL, SLIGI-lTLY Sll-TY (GP-GM) TP-2 4-6 2.7 SAND, SILTY (SM) 13 1(1.1111111 'U 723 F#114 Page 1 of 1 U.1 APPENDIXA P n yll!~-~ 7 GUIDELINE SITE-GRADING SPECIFICATIONS STILLWATER RANCH Pitkin County, Colorado MICHAEL FULLER ARCHITECTS 1 STILLWATER RANCH CTUT GS-2792 U' GUIDEL]NE SITE GRADING SPECIFICATIONS STILLWATER RANCH PITKIN COUNTY, COLORADO 1. DESCRIPTION This item shall consist of the excavation. transportation, placementand compaction of materials from locations indicated on the plans, orstaked by the Engineer, as necessary to achieve preliminary street and overlot elevations. These specifications shall also apply to compaction of excess cut materials that may be placed outside of the development boundaries. 2. GENERAL The Soils Engineer shall be the Owner's representative. The Soils Engineershall approve fill materials, method of placement, moisture contents and percent compaction, and shall give written approval of the completed fill. 3. CLEARING JOB SITE The Contractor shall ren -le ?Alitries, brush and rubbish before N .1 1-, excavation or fill placemerÂ¥-'Baglin.#The Contractor shall dispose of the 4 1- cleared material to provide the Owner wrtn a clean, neat appearing job site. Cleared material shall not be placed in areas to receive fill or where the material will support structures of any kind. 4. SCARIFYING AREA TO BE FILLED All topsoil and vegetable matter shall be removed from the ground surface upon which fill is to be placed. The surface shall then be plowed or scarified until the surface is free from ruts, hummocks or other uneven features, which would prevent uniform compaction by the equipment to be used. 5. COMPACTING AREA TO BE FILLED After the foundation for the fill has been cleared and scarified, it shall be disked or bladed until it is free from large clods and rocks larger than 6 inches in diameter, brought to the proper moisture content (within 2 percent of optimum moisture content) and compacted to not lessÂ·than 95 percent of maximum density as determined in accordance with ASTM D 698. MICHAEL FULLER ARCHITECTS STILLWATER RANCH CTLT GS-2792 A-1 it*I Ul 6. FILL MATERIALS Fill soils shall be free from vegetative matter or other deleterious substances, and shall not contain rocks having a diametergreater than six (6) inches. Fill materials shall be obtained from cut areas shown on the plans or staked in the field by the Engineer or imported to the site. Concrete, asphalt, organic matter and other deleterious materials or debris shall not be used as fill. On-site materials classifying as CL, CH, SC, SM, SW, SP, GP, GC and GM are acceptable as defined by ASTM D 2487-83. 7. MOISTURE CONTENT Fill material shall be moisture treated to within limits of optimum moisture content specified in "Moisture Content and Density Criteria." Sufficient laboratory compaction tests shall be made to determinethe optimum moisture content for the various soils encountered ill borrow areas. The Contractor may be required to add moisture to the excavation materials in the borrow area if, in the opinion of the Soils Engineer, it is not possible to obtain uniform moisture content by adding wateron the fill surface. The Contractor may be requigâ‚¬ to rake or disc the fill soils to provide uniform moisture content through the soilih 30~%~ j 5 3 1 Theapplicationof watertoembankmentmaterialsshall bemadewithany type of watering equipment approved by the Soils Engineer, which will give the desired results. Water jets from the spreader shall not be directed at the embankment with such force that fill materials are washed out. Should too much water be added to any part of the fill, such that the material is too wet to permit the desired compaction from being obtained, rolling and all work on that section of the fill shall be delayed until the material has been allowed to dry to the required moisture content. The Contractor will be permitted to rework wet material in an approved manner to hasten its drying. 8. COMPACTION OF FILL AREAS Selected fill material shall be placed and mixed in evenly spread layers. After each fill layer has been placed, it shall be uniformly compacted to not less than the specified percentage of maximum density given in "Moisture Content and Density Criteria." Fill materials shall be placed such that the thickness of loose materials does not exceed 10 inches and the compacted lift thickness does not exceed 8 inches. MICHAEL FULLER ARCHITECTS ST1LLWATER RANCH A-2 CTUT GS-2792 U Compaction as specified above, shall be obtained by the use of sheepsfoot rollers, multiple-wheel pneumatic-tired rollers, orotherequipment approved by the Engineer for soils classifying as CL, CH, or SC. Granular fill shall be compacted using vibratory equipment or other equipment approved by the Soils Engineer. Compaction shall be accomplished while the fill material is at the specified moisture content. Compaction of each layer shall be continuous over the entire area. Compaction equipment shall make sufficient trips to ensure that the required density is obtained. 9. MOISTURE CONTENT AND DENSITY CRITERIA Fill material shall be substantially compacted to at least 95 percent of maximum ASTM D 698 (AASHTO T 99) dry density within 2 percent of optimum moisture content. Material in fills deeperthan 10 feet should be compacted to 100 percent of maximum ASTM D 698 dry density. Additional criteria for acceptance are presented in DENSITY TESTS. 10. COMPACTION OF SLOPES Fill slopes shall be cgngcted by means of sheepsfoot rollers or other suitableequipment. Comp#ctionÂ£ 0*hall be continued until slopesare stable, but not too dense f34061.i~1â‚¬~:,ANihere is no appreciable amount of loose soils on the slopes. Compaction ofllopes may be done progressively in increments of three to five feet (3' to 5') in height or after the fill is brought to its total height. Permanent fill slopes shall not exceed 3:1 (horizontal to vertical). 11. DENSITYTESTS Field density tests shall be made by the Soils Engineer at locations and depths of his choosing. Where sheepsfoot rollers are used, the soil may be disturbed to a depth of several inches. Density tests shall be taken in compacted material below the disturbed surface. When density tests indicate that the density or moisture content of any layer of fill or portion thereof is below that required, the particular layer or portion shall be reworked until the required density or moisture content has been achieved. 12. INSPECTION AND TESTING OF FILL Inspection by the Soils Engineershall be full time during the placement of fill and compaction operations so that they can declare the fill was placed in general conformance with specifications. All inspections necessary to test MICHAEL FULLER ARCHITECTS STILLWATER RANCH CTUT GS-2792 A-3 10*Eli~ 1 Ly the placement of fill and observecompaction operations will beatthe expense of the owner. 13. SEASONAL LIMITS No fill material shall be placed, spread or rolled while it is frozen, thawing, orduring unfavorable weather conditions. When work is interrupted by heavy precipitation, fill operations shall not be resumed until the Soils Engineer indicates that the moisture content and density of previously placed materials are as specified. 14. NOTICE REGARDING START OF GRADING The Contractorshall submitnotification tothe Soils Engineerand Owner advising them of the start of grading operations at least three (3) days in advance of the starting date. Notification shall also be submitted at least 3 days in advance of any resumption dates when grading operations have been stopped for any reason other than adverse weather conditions. 15. REPORTING OF FIELD DE~Y,ES,SA 1 U V wy Density tests made by the Soils Engineer, as specified under "Density Tests" above, shall be submitted progressively to the Owner. Dry density, moisture content, and percentage compaction shall be reported for each test taken. 16. DECLARATION REGARDING COMPLETED FILL The Soils Engineershall provide a written declaration stating thatthe site was filled with acceptable materials, and was placed in general accordance with the specifications. MICHAEL FULLER ARCHITECTS STILLWATER RANCH A-4 CTUT GS-2792 7--4 rs 001: f .. +044 2 0,1 0 .. A, : . : - 2.1 *OCK Stillwater Ranch Subdivision/ PUD CKEEK ConceptuaI Submission STUDIO Affordable Housing Project 36 North Fourth Street Carbondale, Colorado 81623 v970.963.1971 f970.963.1622 www. otak.cont ul?Id JUOUIDSâ‚¬UEW UOROn,Ilsuoo ENGINEERS SURVEYORS (970) 925-6727 5GM P,O, Box 2155 SCHMUESER i FAX (970) 925-4157 GORDON MEYER - Aspen, CO 81612 BENEDICT STILLWATER LOT 1 AFFORDABLE HOUSING PROJECT CONSTRUCTION MANAGEMENT PLAN INTRODUCTION The Benedict-Stillwater Parcel 1, Lot 1 Affordable Housing project site is located southeast of the City of Aspen in unincorporated Pitkin County across Highway 82 from the Eastwood, Knollwood and Mountain Valley Subdivisions. The property proposed for construction comprises approximately 4.179 acres to accommodate a total of seventeen housing units. DEFINITIONS Wherever used in this Construction Management Plan or in the Fugitive Dust Control Plan the following terms have the meanings indicated which are applicable to both the singular and the plural thereof: Agreement - The written agreement between the Owner and the Contractor covering the Work to be performed. Contractor - The person, firm or corporation with whom the Owner has entered into the Agreement. Engineer - The person, firm or corporation named as such in the Agreement. The Owner may appoint an employee or representative to function as the Engineer. Owner - The owner and developer of the Benedict-Stillwater Lot 1 Affordable Housing project. For purposes of the Construction of the common infrastructure and residential units, the term Owner shall refer to the Aspen / Pitkin Housing Authority. Subcontractor - An individual, firm or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site. Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Agreement. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the agreement and supporting documents. SITE IMPROVEMENTS Common improvements to serve the overall project site are shown on a drawing submitted as an exhibit to the Final Plat titled SCHEMAT/C UTILITY PLAN and include the following: 118 West 6th, Suite 200 â€¢ Glenwood Springs, Colorado â€¢ (970) 945-1004 November 2,1999 Benedict-Stillwater Lot 1 Affordable Housing Project Construction Management Plan Fugitive Dust Control Plan Page 2 1. Construction of 570 linear feet of 16 foot wide common access road within Lot 1. The ' surface shall be Class 6 base course gravel with a minimum depth of 6 inches under Hot Bituminous Pavement (HBP) with a minimum depth of 3 inches. 2. Placement and backfill of two (2) 25 linear foot, 18 inch diameter corrugated metal pipe (CMP) culverts at the intersection of the driveway loop and the common access road within Parcel 1. 3. Construction of a domestic water supply system including approximately 155 linear feet of eight-inch diameter water main extension, gate valves and a fire hydrant. Services to each building will also be installed. 4. Construction of a sanitary sewage collection system consisting of approximately 161 linear feet of eight-inch diameter PVC collection main, two manholes and related service connections. 5. Installation of buried primary electric line and transformer vaults in the common access and utility easement within Lot 1. 6. Installation of buried phone and cable TV lines within the common access and utility easement in Lot 1. 7. Installation of buried natural gas line within Lot 1. 8. Construction of seven residential buildings comprising 13 three-bedroom units and 4 one- bedroom units. 9. Installation of approximately 2,880 square feet of access walkways within the site. 10. Landscaping of disturbed areas. SCHEDULE AND CONSTRUCTION MANAGEMENT PRACTICES Construction of the common access road, utilities and drainage improvements is anticipated to commence in the early Summer of 2000. Construction of the individual units will occur over a timeframe in conjunction with the construction of the common improvements. During the construction of the common utility and infrastructure improvements, the Contractor and / or Sub- Contractors shall be required to work within the following limitations to minimize construction impacts to neighboring properties: 1. Hours of Operation shall be limited to 7:00 am to 9:00 pm. SCHMUESER GORDON MEYER, INC November 2, 1999 Benedict-Stillwater Lot 1 Affordable Housing Project Construction Management Plan Fugitive Dust Control Plan Page 3 2. Dogs shall be prohibited from the construction site. 3. Contractors shall encourage carpoolinq of laborers to the construction site to minimize related traffic on the Stillwater Road. 4. Contractors shall adhere to the requirements of the Fuqitive Dust Control Plan and Specification (following) including speed control of all construction traffic and use of a dust retardant on the common access road within Parcel 1. FUGITIVE DUST CONTROL PLAN AND SPECIFICATION The following establishes the Fugitive Dust Control procedures and specifications for the development and construction of improvements at the Benedict-Stillwater Affordable Housing project. All development and construction contracts shall utilize these specifications. 1.00 General: 1.01 The Owner, Contractors, and Sub-Contractors shall, during the term of the contracts for construction, comply with the Colorado Air Quality Control Act, Title 25, Article 7, CRS and regulations promulgated thereunder. 1.02 Scope Work under this Section shall include furnishing all materials, labor, equipment and miscellaneous items necessary to provide dust control over the entire project site. 1.03 Submittals Chemical Products. Descriptive literature defining chemical constituents. 2.00 MATERIALS 2.01 Maqnesium Chloride Constituents Percentage bv Weight Magnesium Chloride Approximately 28%-36% Sulphate 2.5% Potassium, sodium, calcium Less than 1 % Nitrate -0- 1 2.02 Soil Retention Covering Soil Retention Covering products shall consist of blankets with close weave mesh and nettings with open weave mesh made of various materials as specified herein. Blankets and nettings shall be biodegradable, non-toxic to.vegetation SCHMUESER GORDON MEYER, INC November 2, 1999 Benedict-Stillwater Lot 1 Affordable Housing Project Construction Management Plan Fugitive Dust Control Plan Page 4 or germination of seed and shall not be toxic or injurious to humans. Acceptable products include: Excelsior Jute Paper Fabric Paper Fiber Mulch Netting Plastic Mulch Netting All soil retention covering products and installation procedures shall meet the requirements of Section 216 (attached) of the Colorado Department of Highways Standard ; Specifications for Road and Bridge Construction (1991 Edition). 3.00 METHODS AND PROCEDURES 3.01 Dust Control. Dust control to be considered an integral part of the Work. Control shall be provided from the start of construction until the Work is complete. Fugitive dust as 1 a result of construction shall be controlled at all times within the subject property. i 3.02 Watering. For road construction within the site, the Contractor shall have a water truck available for dust control. Wetting shall be done a minimum of once a day in dry conditions or at the direction of the Engineer as required until the final wearing surface ' is completed. For utility construction, dust control may be accomplished by water truck or spray system from an on-site water system if approved. Contractor shall be prepared to provide dust control until the final surface restoration is completed. i 3.03 Chemical Control. During the construction phase and prior to the placement of the final road surface, the common access road within Parcel 1 shall be treated with magnesium chloride chemical spray at least once per construction season to minimize dust impacting adjacent property due to construction traffic. Application rate shall be 1 /3 - 1/2 gallon per I square yard. The surface shall be re-sprayed until complete coverage is attained. 3.04 Vehicle Speed Control Construction vehicles and vehicles transporting excavated I materials on the Stillwater Ranch common roads or private access drives shall not exceed 20 Miles per hour. 3.05 Reveqetation The Contractor shall revegetate all disturbed areas as soon as possible following construction of any improvements on the site. Seeding with native species pursuant to Section 212.06 of the Colorado Department of Highways Standard Specifications for Road and Bridge Construction, 1991 Edition and mulching pursuant to SCHMUESER GORDON MEYER, INC November 2, 1999 Benedict-Stillwater Lot 1 Affordable Housing Project Construction Management Plan Fugitive Dust Control Plan Page 5 section 213.03 (a) through (c) shall be acceptable on areas with slopes under 3096. Areas of slopes over 30% (such as on cut or fill slopes) shall be seeded and covered with a soil retention covering per section 2.02 of this specification. SH/ih 92049CMP SCHMUESER GORDON MEYER. INC State Department of Ilighways Division of Highways State of Colorado Standard Specifications for Road and Bridge Construction dimmer /4,1 T 0,7 1 13 6/mr ty'.riv 493Â»79/ 04:;urzoN:/ 1991 i CONSTRUCTION 1.-, QUIREMENTS 213.03 la) Hay or Straw Mulching. After seeding has been completed. hay or straw shall be uni- formiy applied at the rate designated in the Contractor as directed. It shall be crimped in with a crimper or other approved equipment. The Engineer may order hand-crimping on areas where mechanical methods cannot be used. The seeded area shall be mulched and crimped within 24 hours after seeding. Areas not mulched and crimped within 24 hours after seeding shall be reseeded with the spec- ified seed mix at the Contractor's expense, prior to mulching and crimping. o On slopes steeper than 2:1 or other desig- nated areas burlap or other blanketing mate- rials, anchored and secured, may be used when approved by the Engineer and paid for in accordance with subsections 104.03 or 216.05 as applicable. (b) Hydraulic Mulching. Cellulose fiber mulch shall be added after the proportionate quan- tities of water and other approved materials have been placed in the slurry tank. All ingredients shall be mixed to form a homo- geneous slurry. The operator shall spray apply the slurry mixture uniformly over the designated seeded area. Unless otherwise ordered for specific areas, wood cellulose fiber mulch shall be applied at the rate shown on the plans. Hydraulic mulching shall not be done in the presence of free surface water. (c) General. Areas not properly mulched, or areas damaged due to the Contractor's neg- ligence, shall be repaired and remulched as described above, at the Contractor's expense. j Mulch removed by circumstances beyond the Contractor's control shall be repaired and remulched as ordered. Payment for this ordered corrective work shall be at the con- tract prices. Mulch tackifier shall be applied over the seeded area attheratedesignated in the Con- tract by means of approved spraying equipment. The Engineer may order test sections be established for adjusting the mulching equipment to assure conformance with the specified application rate. The Engineer may order equipment readjustment at any time. 216.02 216.L minimum length of eight inches after bend- each piece of jute mesh shall be buried in a ing. The bar of the "T" shall be at least four narrow trench six inches deep. After the jute inches long with the single wire end bent is buried, the trench shall be tamped closed. ' downward approximately 3/4 inch. Where one roll of jute mesh ends and a second roll starts, the upslope piece shall be CONSTRUCTION REQUIREMENTS brought overthe buried endofthesecondroll | 216.03 so there is a 12 inch overlap to form a julie- (a) Excelsior. The area to be covered shall be tion slot. prepared. fertilized, and seeded in accordance Where two or more widths of jute mesh are with Section 212, before the blanket is placed. applied side by side, an overlap of at least When the blanket is unrolled, the netting four inches shall be made. shall be on top and the fibers shall be in Check slots shall be made before the jute ~ contact with the soil. In ditches, blankets mesh is rolled out. A narrow trench shall be I shall be unrolled in the direction of the flow dug across the slope perpendicular to the of water. The end of the upstream blanket direction of fiow. A pieceofjute, cutthesame shall overlap the buried end of the down- length as the trench, is folded lengthwise. stream blanket a maximum of eight inches The fold is placed in the trench and the and a minimum of four inches, forming a trench is tamped closed. The portion of the junction slot. This junction slot shall be juteremaining above ground is unfolded and stapled across at eight inch intervals. laid flat on the soil surface. Adjoining blankets (side by side) shall be Check slots shall be spaced so that one offset eight inches from center of ditch and check slot or junction slot occurs within each overlapped a minimum of four inches. Six , 50 feet of slope. staples shall be used across the start of each i Overlaps which run down the slope, out- roll, at four foot intervals, alternating the side edges, and centers shall be stapled on center row 80 that the staples form an "X" ~ two foot intervals. Each width of jute mesh pattern. A common row of staples shall be ~ shall have arow of staples down thecenter as used on adjoining blankets. well as along each edge. Check slots and (b) Jute. The blankets shall be placed imme- I junction slots shall be stapled across at six i diately after mulching operations have been inch intervals. completed. in each location that jute mesh is 1 For extra hard soil, sharp pointed hard- specified. r ened steel three inch fence type staples shall ~ ' The blankets shall be applied smoothly but be used. loosely on thesoilsurface without stretching. The blanket shall be spread evenly and Workers should avoid, as much as possible, smoothly, in contact with the seeded area at walking directly on the seedbed either before all points. It shall be pressed into the soil or afterthe juteis applied. Theupslopeend of 200 f 201 216.01 216.02 SECTION 216 SOIL RETENTION COVERING 2. Jute. The blanket shall consist of heavy jute mesh of a uniform open plain weave DESCRIPTION of unbleached, smolder resistant, single jute yarn. The yarn shall be of a b,osely 216.01 This work consists of furnishing, prepar- twisted construction having an arorage ing, applying, placing, and securing soil retention covering for erosion control on roadway ditches or twist of not less than 1.6 turns per inch, slopes as designated in the Contract or as directed. and shall not vary in thickness by more than 1/2 its normal diameter. The jute MATERIALS mesh shall be furnished in approxi- 216.02 mately 90-pound rolled strips and sliall meet the following requirements: (a) Covering. Covering shall consist of blankets with close weave mesh and nettings Width: 48" 1 1 inch with open weave mesh made of various Length: 75 yds. materials as specified herein. Weight per lin. yd.: 1.22 lbs 1 5% Blankets and nettinga shall be biode- Warp ends per gradeable, non-toxic to vegetation or germi- width of cloth: 78 nation of seed, andshallnot be toxic orinjur- Weft ends per yard: 41 ious to humans. 1. Excelsior. The blanketshallconsistofa 3. Plastic Mulch Netting. Nettings hallbe machine produced mat of curled wood an extruded polypropylene or other exceisior of 80 percent, eight inch or approved plastic material, extruded in longer fiber length with consistent such a manner as to form a net with 3/4 thickness and the fiber evenly distrib- inch minimumsquareopenings. The net- uted over the entire area of the blanket. ting shall be furnished in rolls to nieet the The top side of the blanket shall be following characteristics: covered with a biodegradable extruded plastic mesh. The blanket shall be made Width: 48" minimum smolder resistant without the use of Length: convenience lengths, chemical additives. 50 yds. min. Width: 48" 1 1 inch Weight: 2.6 lbs. per 1,000 Length: 180 feet avg. sq. ft. minimum Weight per sq. yd.: .875 lbs. i 10% (b) Pins and staples shall be made of wire 0.162 inch or larger in diameter. "U" ehaped sta- ples shall have legs eight inches long and a one-inch crown. "T" shaped pins shall have a 198 199 ?Nt .#.. ./. ~ 449 -~ .i. 2,,50Â·*i#.1/4~le/274+ ' 0 . . 1 0 +4/ ... . . -1 1 . ;-Â·43. 12, 3 Stillwater Ranch ~~ROCK Subdivision/ PUD CKEEK Conceptual Submission STUDIO Affordable Housing Project 36 North Fourth Street Carbondale, Colorado 81623 v970.963.1971 f970.963.1622 www.otak.com U UoquiodioouI JO â‚¬313!liv RECE:FED ARTICLES OF INCORPORATION ICE.C :.1 AS On 1,/1/ Ji] hull: 5, OF 1- .11- ,LULORAD,5 STILLWATER RANCH OPEN SPACE ASSOCIATION The undersigned, acting as incorporator of a corporation under the Colorado Nonprofit Corporation Act, as it may be amended from time to time, adopts the following Articles of Incorporation for - such corporation. - ARTICLE I Name The name of the corporation is Stillwater Ranch Open Space Association (the "Association"). ARTICLE II Duration The period of duration of the Association shall be perpecual. ARTICLE III Purposes The business, objectives and purposes for which the Association is organized are as follows: 1. To be and constitute the Homeowners' Association to which reference is made in Article III(3) of the Protective Covenants for Stillwater Ranch Subdivision/PUD recorded December 30, 1994 in Book 770 at Page 796 of the real property records of Pitkin County, Colorado, as said instrument may be amended from time to time (the "Protective Cover.ancs"), and to perform all obligations and duties cf said Association and to exercise all rights and powers of said Association, as set forth therein and herein. The term "Owner ( s ) " shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performance of any obligation. The term "Lot (s)" shall mean and refer to Lots 1, 2, 3, 4, 5 and 6, Stillwater Ranch Subdivision/PUD, according to th& Final Plat thereof recorded December 30, 1995 in Plat Book 35 at Page 86 of the real property records of Pitkin County, Colorado, as said Final Plat may be amended from time to time (the "Final Plat"). 2. More specifically, to do, perform and accomplish the zoilowing: (a) To own, preserve, improve, landscape, maintain, Govern and manage the Open Space Parcel, as shown and described on the Final Plat, and all improvements thereon and appurtenances thereto, for the purposes and uses sec forth in the Proteczive Covenants, together with all water and ditch rights that may be owned from time to time by the Association, including but not limited to the Association's rights in the Nellie Bird Ditch, Priority No. 281, appropriation date June 9, 1885, adjudicazic= date August 25, 1336. (b) To inscall, maintain, repair, improve, operate and replace as necessary or appropriate all ponds, ditches, headgates, waterfalls, irrigation and aeration systems, and other wacer colleccion, distribucion and delivery systems, facilities and equipment now or hereafter located upon or serving the Open Space Parcel. (C) To irrigate, seed, fertilize, harvest, and otherwise i improve, maintain and protect the meadow portion of the Open Space Parcel, with the primary objective of preserving and enhancing the use thereof for the pasturing of horses. (d) To cons improve, maintain, renair, onerate and ~ replace such agricultural, horse pasturinc and other open space struccures, improvements cr facilities on the Open Space Parcel, including wi=hout limitation fences, carrals, barns, sheds, and stables, as the Board of Directcrs may determine to be necessary cr appropriate from =ime to L - Lat= . All such improvements shall ccmply with applicable provisions cf the Pitkin County Land Use Code, and shall receive such approvals as may be required pursuant thereto. Ce) Ts imnrove, maintain and repair the access road from Ute Avenue Zo the extent necessary cr apprcpriate =rom zime co -4 1 U -6. me te serve the Open Space Parcel, and any underground utility service lines within the Open Space Parcel that serve the Cpen Space Parcel. (f) To obtain and maintain in effect such casualty and liability and other insurance coverages on the Association' s assets and activities as the Board of Directors may determine to be necessary or appropriate from time to time. ARTICLE IV Powers . In furtherance or its purposes. but nCZ ccherwise, the Association shall have the following powers: 1. All cf the powers conferred upon nonprofit corporations by the common law and the statutes of the State of Colorado in effect from time to time. 2. All of the powers necessary or desirable to perform the obligations and duties and exercise the rights and powers cf the Association under the Protective Covenants (terms which are defined in the Protective Coverlants shall have the same meanings herein unless otherwise defined herein), including, without limitation, the following powers: (a) To determine from time to time the appropriate open space uses for the Open Space Parcel, subject to the limitations and guidelines contained in the Protective Covenants. (b) To adopt, maintain and enforce such reasonable rules and regulations relating to the use and enjoyment of the Open Space Parcel (and its appurtenant water rights) as the Board of Directors may deem necessary or appropriate from time to time. (C) To enforce the provisions of the Protective covenants that pertain to the use and enjoyment of the Open Space Parcel. (d) To levy and collect regular and special assessments against Owners for the purpose of paying the costs, expenses and losses of the Association, or of exercising its powers or of performing its proper functions. (e) Subject to the Protective Covenants and to any restrictions set forth in these Articles or in the Bylaws, to buy or otherwise acquire, sell or otherwise dispose of, mortgage or otherwise encumber, exchange, lease, hold, use, operate and otherwise deal with and in real, personal and mixed property of all kinds, and any right or interest therein for any purpose of this Association. Without limiting the generality of the foregoing, the Association has the power to accomplish the lot line adjustment between the Open Space Parcel and the Out Parcel depicted on the Final Plat, as contemplated by Article III (3) (b) of the Protective Covenants, if such lot line adjustment ever becomes feasible. (f) To borrow money and secure the repayment of monies borrowed for any purpose of this Association. (g) To enter into, make, perform or enforce contracts of every kind and description, including, without limitation, contracts for services, and to do all other acts necessary, appropriate or advisable in carrying out any purpose of this Association with or in association with any person, firm, 3 association, corporation or other entity or agency, public or --wr privace. (h) To adopt, alter, amend or repeal such Bylaws as may be necessary or desirable for the proper management of the affairs of this Association, provided, however, that such Bylaws may not be inconsistent with or contrary to any nrovisions of these Articles of Incorporation or the 6 Protective Covenants. (i) In addition to the other powers now or hereafter conferred upon the Association by these Articles of Incorporation, the Colorado Nonprofit Corporation Act or otherwise, the Association shall have thepower to indemnify directors, officers, employees, fiduciaries and other persons and to have and exercise all powers whatsoever incidental thereto (including without imitation the power to advance expenses and the power to purchase and maintain insurance with 2 respect thereto), without regard to whether or not such powers are expressly provided for by the Colorado Nonprofit Corporation Act. The foregoing enumeration of powers shall not limit or restrict in any manner the exercise of other and further rights and powers which may now or hereafter be allowed or permitted by law; and the powers specified in each of the paragraphs of this Article are independent powers, not to be restricted by reference to or inference from the terms of any other paragraphs or provisions of this Article. ARTICLE V Members The Association shall have Members and the proxy system of voting by Members shall be permitted in accordance with the Bylaws. ARTICLE VI Board of Directors The business and affairs of the Association shall be conducted, managed and controlled by a Board of Directors, which shall consist of three (3) directors. The names and addresses of the persons who are to serve as the initial directors are: Name Address Fabienne Benedict 1280 Ute Avenue Aspen, CO 81611 4 Fredric A. Benedict 1280 Ute Avenue Aspen, CO 81611 Nicholas Gui Benedict 6410 South Hudson Street Littleton, CO 80121 The terms of office of the initial directors are set forth in the Bylaws. ARTICLE VII Officers The Board of Directors may appoint a President, one or more Vice Presidents, a Secretary, a Treasurer, and -such other officers as the Board, in accordance with the provisions of the Bylaws, believes will be in the best interests of the Association. The officers shall have such qualifications and duties as may be prescribed in the Bylaws and shall serve at the pleasure of the Board of Directors. ARTICLE VIII Convevances and Encumbrances Subject to any restrictions set forth herein or in the Bylaws, Association property may be conveyed or encumbered by authority of the Board of Directors. Conveyances or encumbrances shall be by instrument executed by the President or a Vice President and by the Secretary or the Treasurer or an Assistant Secretary or Assistant Treasurer or executed by such other person or persons to whom such authority may be delegated by the Board. The Association shall not assign, encumber, transfer, convey or otherwise dispose of any of its water or ditch rights except together with and as a part of a conveyance or encumbrance of the Open Space Parcel to which such rights are appurtenant. In the event of dissolution of the Association, either voluntarily by the Members hereof, by operation of law, or otherwise, the assets of the Association shall be deemed to be owned by the Owners as of the date of dissolution, and shall be distributed, in accordance with the following formula: An undivided one-sixth (1/6) interest in the Open Space Parcel, the appurtenant water rights, and all other Association assets, shall be deemed owned by and shall be distributed to each of the Owners of a Lot in Stillwater Ranch Subdivision/PUD. 5 ARTICLE IX Initial Registered Office and Agent The initial registered office of the Association shall be 1280 Ute Avenue, Aspen, CO 81611. The initial registered agent at such office shall be Fabienne Benedict. ARTICLE X Amendments Amendments to these Articles of Incorporation shall be adopted, if at all, in the manner set forth in the Colorado Nonprofit Corporation Act, provided, however, that no amendment to the Articles of Incorporation shall be contrary to or inconsistent with any provision of the Protective Covenants, and further provided that the number of directors shall not be amended until after the death of both Fredric A. Benedict and Fabienne Benedict. ARTICLE XI Elimination of Certain Liabilities of Directors There shall be no personal liability, either direct or indirect, of any director of the Association to the Association or to its members for monetary damages for any breach or breaches of , fiduciary duty as a director; except that this provision shall not eliminate the liability cf a director to the Association or co its members for monetary damages for any breach, act, omission or transaction as to which the Colorado Nonprofit Corporation Act (as in effect from time to time) prohibits expressly the elimination of liability. This provision is in the Association's original Articles of Incorporation and thus is effective on the date of the Association's incorporation. This provision shall not limit the right of directors of the Association for indemnification or other assistance from the Association. Â·This provision shall not restrict or otherwise diminish the provisions of Section 13-21-116 (2) (b) , Colorado Revised Statutes (concerning no liability of directors except for wantcn and willful acts or omissions), any amendment or successor provision to such Section, or any other law limiting or eliminating liabilities. Any repeal or modification of the foregoing provisions of this Article by the Members of the Association or any repeal or modification of the provision of the Colorado Nonprofit Corporation Act which permits the elimination of liability of directors by this Article shall not affect adversely any elimination of liability, right or protection of a director of the 4ssociation with respect to any breach, act, omission, or transaction of such director occurring prior to the time of such repeal or modification. 6 ARTICLE XII Incorporator The name and address of the incorporator of the Association is: Name: Address: Amy Waters Holland & Hart 555 Seventeenth Street Denver, CO 80202 A Executed this 309 Ev day of hy#-'ll e.7 , 1995. 07*cdo, k~,0 Amy Waters 14721. 7 4. TEÂ·'..2 : - ~ ' Fr. 8 ... , tis ... I . 1 . Stillwater Ranch ~KOCK Subdivision/PUD CKEEK Conceptual Submission STUDIO Affordable Housing Project 36 North Fourth Street Carbondale, Colorado 81623 v970.963.1971 f970.963.1622 www.otak.com Houu>I 131â‚¬mINS Jo SAVel Xg uouppossv Douds ugdo I xjpuoddy BYLAWS OF STILLWATER RANCH OPEN SPACE ASSOCIATION (A Colorado Nonprofit Corporation) Effective as of March 30, 1995 BYLAWS 2 STILLWATER RANCH OPEN SPACE ASSOCIATION TABLE OF CONTENTS Page ARTICLE I: Offices ..................... 1 1. Business Offices ......... .-1 ....-0 . 1 2. Registered Office ................. 1 ARTICLE II: Members .................... 1 1. Classes of Members ................ 1 2. Voting Rights................... 2 3. Suspension of Membership and User Rights ......3 ARTICLE III: Meetings of Members ... 3 1. Annual Meeting .................. 3 2. Special Meetings -..................4 3. Place of Meeting ................. 5 4. Notice of Meetings ................ 5 5. Informal Action by Members ............ 6 6 6. Quorum ...................... 7. Proxies .................... .. 6 8. Manner of Acting ................. 6 9. Voting by Mail .................. 7 ARTICLE IV: Board of Directors ............... 7 1. General Powers .................. 7 2. Number, Tenure and Qualifications ......... 7 3. Regular Meetings ................. 8 4. Special Meetings ................. 8 5. Notice of Meetings ................ 8 6. 9 7. Manner of Acting ............. .. .. 9 8. Vacancies ..................... 9 9. Compensation ................... 9 10. Informal Action by Directors .......... 10 11. Meetings by Telephone .............. 10 ARTICLE V: Officers ..............* , 10 1. Officers .................... 10 2. Election and Term of Office ........... 11 3. Removal ...................... 11 Page 4. vacancies...................o 11 5. President ............ ........ 11 6. Vice President ........ 12 7. Treasurer...................0 . 12 8. Secretary ..................... 13 9. Assistant Treasurers and Assistant Secretaries . . 13 ARTICLE VI: Committees............. 14 1. Committees of Directors .............. 14 2. Other Committees ................. 15 3. Term of Office .................. 15 4. Chairman ........----.Â·------. 15 5. Vacancies..................... 15 6. Quorum ...................... 16 7. 16 ARTICLE VII: Assessments and Liens ............. 16 1. Levied by Board of Directors ........... 16 2. Liens..............Â·--.- 17 ARTICLE VIII: Indemnification ............... 18 1. Indemnification .................. 18 2. Limitation .................... 20 ARTICLE IX: Contracts, Checks, Deposits, Gifts and Proxies . 21 1. Contracts..................... 21 2. Checks, Drafts, Etc ................ 21 3. Deposits .......... ........... 21 4. Gifts ....................... 22 5. Proxies...................... 22 ARTICLE X: Books and Records ................ 23 ARTICLE XI: Corporate Seal ................. 23 ARTICLE XII: Waiver of Notice ............... 23 ARTICLE XIII: Amendments to Bylaws ............. 24 -ii- . BYLAWS 2 STILLWATER RANCH OPEN SPACE ASSOCIATION (the "Association"l (a Colorado Nonprofit Corporation) ARTICLE I Offices 1. Business Offices. The princibil office of the Association in the State of Colorado shall be located at 1280 Ute Avenue, Aspen, CO 81611. The Association may have such other offices, either within or without the State of Colorado, as the Board of Directors may determine or as the affairs of the Association may require from time to time. 2. Registered Office. The Association shall have and continuously maintain in the State of Colorado a registered office, and a registered agent whose office is identical with such registered office, as required by the Colorado Nonprofit Corporation Act. The registered office may be, but need not be, identical with the principal office in the State of Colorado, and the address of the registered office may be changed from time to time by the Board of Directors. ARTICLE II Members 1. Classes of Members. The Association shall have one class of members. The designation of such class and the qualifications and rights of the members of such class shall be as follows: Ownership of a Lot in Stillwater Ranch Subdivision, according to the Final Plat thereof recorded December 30, 1994 in Plat Book 35 at Page 86 in the Office of the Clerk and Recorder of Pitkin county, Colorado, is required in order to qualify for membership in this Association. Any person or entity on becoming an owner of a Lot shall automatically become a member of this Association and be subject to these Bylaws. A Lot owner or owners shall hold and share the membership associated with that Lot in the same proportionate interest and by the same type of tenancy in which the title to the Lot is held, provided always that there shall only be one membership per Lot. A complete transfer of membership shall occur automatically upon the transfer of title to the Lot with which the membership is associated, without any specific transfer language or documents being required, but such transfer shall not relieve or release the former owner from any liability or obligation to the Association existing at the time of the transfer or impair any rights or remedies the Association may have against such former owner arising out of or in any way connected with ownership of a Lot and/or membership in the Association. Membership in the Association and the interest of a member in the assets of the Association shall not be assigned, encumbered or transferred in any manner except as an appurtenance to the title to the Lot with which the membership is associated. 2. Voting Rights. Each member shall be entitled to one vote on each matter submitted to a vote of the members. Cumulative -2- , voting shall not be permitted. A Lot may be owned by more than one person, as tenants in common or as joint tenants. If only one of the multiple owners of a Lot is present at a meeting of the Association, such owner is entitled to cast the vote allocated to that Lot. If more than one of the multiple owners are present, the vote allocated to that Lot may be cast only in accordance with the agreement of a majority in interest of the owners. There is a majority agreement if any one of the multiple owhers casts the vote allocated to that Lot without protest being made promptly to the person presiding over the meeting by any of the other owners of the Lot. In the event of a protest being made by one or more multiple owners, and a majority of the multiple owners of such Lot cannot agree on how to cast their vote, such vote shall constitute an abstention from voting as to that Lot with regard to the issue being voted upon. Such multiple owners and their Lot shall nevertheless be included in determining the presence of a quorum with respect to the issue being voted upon. 3. Suspension of Membership and User Rights. The Board of Directors, by the affirmative vote of a majority of the Board, may suspend the voting rights of a member for any period during which any assessment against the member's Lot remains unpaid. In the event a member violates any of the Protective Covenants pertaining to the Open Space Parcel or any provision of the Articles or Bylaws of the Association or any rule or regulation adopted by the Association, after notice to the member and an -3- 1 1 opportunity to be heard before the Board, the Board may suspend for a period not to exceed ninety (90) days all rights of the offending member (including his family, guests, invitees and tenants) to use the Open Space Parcel or any part thereof for any purpose. Another suspension may be imposed for each subsequent violation. A Board- ordered suspension may be enforced by the Board by an action at law or in equity, including actions for injunctive relief and/or damages, and the prevailing party in any such- action shall be entitled to an award of its reasonable attorney's fees and costs incurred in connection therewith. ARTICLE III Meetings of Members 1. Annual Meeting. An annual meeting of the members shall be held on the third Friday in March of each year, beginning with the year 1996, at the hour of 10:00 a.m., for the purpose of electing Directors (if necessary) and for the transaction of such other business as may come before the meeting. If the day fixed for the annual meeting shall be a legal holiday in the State of Colorado, such meeting shall be held on the next succeeding business day. If the election of Directors (to the extent required) shall not be held on the day designated herein for any annual meeting, or at any adjournment thereof, the Board of Directors shall cause the election to be held at a special meeting of the members as soon thereafter as conveniently may be. 2. Snecial Meetings. Special meetings of the members -4- j 1 may be called by the President, the Board of Directors, or at least two members. 3. Place of Meeting. The Board of Directors may designate any place, either within or without the State. of Colorado, as the place of meeting for any annual meeting or for any special meeting called by the Board of Directors. If no designation is made or if a special meeting be otherwise called, the place of meeting shall be the register-dd office of the Association in the State of Colorado; but if all of the members I shall meet at any time and place, either within or without the State of Colorado, and consent to the holding of a meeting, such meeting shall be valid without call or notice, and at such meeting any corporate action may be taken. 4. Notice of Meetings. Written notice stating the place, day and hour of any meeting of members shall be delivered, either personally or by mail, to each member entitled to vote at such meeting, not less than ten or more than fifty days before the date of such meeting, by or at the direction of the President, or the Secretary, or the officers or persons calling the meeting. In case of a special meeting or when required by statute or by these bylaws, the purpose or purposes for which the meeting is called shall be stated in the notice. If mailed, the notice of a meeting shall be deemed to be delivered when deposited in the United States mail addressed to the member at his address as it appears on the records of the Association, with postage thereon prepaid. -5- 5. Informal Action bv Members. Any action required by law to be taken at a meeting of the members, or any action which may be taken at a meeting of members, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the members entitled to vote with respect to the subject matter thereof. ' 6. Quorum. Except as otherwise provided in the Articles of Incorporation or in these Bylaws, tlie members holding two-thirds of the votes which may be cast at any meeting shall constitute a quorum at such meeting. If a quorum is not present at any meeting of the members, a majority of the members present may adjourn the meeting from time to time without further notice. 7. Proxies. At any meeting of the members, a member entitled to vote may vote by proxy executed in writing by the member or by his duly authorized attorney-in-fact. No proxy shall be valid after eleven months from the date of its execution, unless otherwise provided in the proxy. A proxy is void if it is not dated or purports to be revocable without notice. Proxies shall be filed with the Secretary of the Association at or before the appointed time of each meeting. 8. Manner of Acting. A majority of the votes entitled to be cast on a matter to be voted upon by the members present or represented by a proxy at a meeting at which a quorum is present shall be necessary for the adoption thereof unless a greater portion is required by law or by these Bylaws. -6- 9. Voting bv Mail. Where Directors or officers are to be elected by members, such election may be conducted by mail in such manner as the Board of Directors shall determine. ARTICLE IV Board of Directors 1. General Powers. The affairs of the Association shall be managed by its Board of Directors. Directors need not be residents of the State of Colorado or members of the Association. 2. Number, Tenure and Oualifications. The number of Directors shall be three (3). Each Director shall hold office until the expiration of his or her term as set forth below, and until his or her successor shall have been elected and qualified. (a) Fabienne Benedict and Fredric A. Benedict shall each serve as a Director for the remainder of their lives. Nicolas Benedict's term as a Director shall expire three (3) years following the death of the last to die of Fabienne and Fredric Benedict. (b) Upon the death of the first to die of Fabienne Benedict and Fredric Benedict, the vacancy shall be filled by the affirmative vote of a majority of the remaining directors, and the term of said new director shall expire one (1) year following the death of the last to die of Fabienne and Fredric Benedict. (C) Upon the death of the last to die of Fabienne Benedict and Fredric Benedict, the vacancy shall be filled by the affirmative vote of a maj ority o f the remaining directors, and the -7- term of the new director shall be two (2) years following said death. (d) Upon the expiration of each of the terms specifically described above, successor directors shall be elected for three (3) year terms. 3. Regular Meetings. A regular annual meeting of the Board of Directors shall be held without other notice than this bylaw, immediately after, and at the same place as, the annual meeting of members. The Board of Directors may provide by resolution the time and place, either within or without the State of Colorado, for the holding of additional regular meetings of the Board without other notice than such resolution. 4. Snecial Meetings. Special meetings of the Board of Directors may be called by or at the request of the President or any two Directors. The person or persons authorized to call special meetings of the Board may fix any place, either within or without the State of Colorado, as the place for holding any special meeting of the Board called by them. 5. Notice of Meetings. Notice of each meeting of directors, whether annual, regular or special, shall be given to each director. If such notice is given either (a) by personally delivering written notice to a director or (b) by personally telephoning such director, it shall be so given at least two (2) days prior to the meeting. If such notice is given either (a) by depositing a written notice in the United States mail, postage -8- t prepaid, or (b) by transmitting a cable or telegram, in all cases directed to such director at his residence or place of business, it shall be so given at least four (4) days prior to the meeting. The notice of all meetings shall state the place, date and hour thereof, but need not, unless otherwise required by statute, state the purpose or purposes thereof. 6. Quorum. A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board; but if less than a majority of the Directors are present at said meeting, a majority of the Directors present may adjourn the meeting from time to time without further notice. 7. Manner of Acting. The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, unless the act -of a greater number is required by law or by these bylaws. 8. Vacancies. Any vacancy occurring in the Board of Directors and any directorship to be filled by reason of an increase in the number of directors may be filled by the affirmative vote of a majority of the remaining Directors, though less than a quorum of the Board of Directors. Except as otherwise provided above, a Director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office. 9. Compensation. Directors as such shall not receive any stated salaries for their services, but by resolution of the Board of Directors a fixed sum and expenses of attendance, if any, -9- may be allowed for attendance at each regular or special meeting of the Board; but nothing herein contained shall be construed to preclude any Director from serving the Association in some other capacity and receiving compensation therefor. 10. Informal Action bv Directors. Any action required by law to be taken at a meeting of directors, or any action which may be taken at a meeting of directors, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Directors. 11. Meetinas by Telenhone. Members of the Board of Directors or any committee designated thereby may hold or participate in a meeting of the Board of Directors or such committee by means of conference telephone or similar communications equipment provided that all such persons so participating in such meeting can hear each other at the same time. ARTICLE V Officers 1. Officers. The officers of the Association shall be a President, one or more Vice Presidents (the number thereof to be determined by the Board of Directors), a Secretary, a Treasurer, and such other officers as may be elected in accordance with the provisions of this Article. The Board of Directors may elect or appoint such other officers, including one or more Assistant Secretaries,and one or more Assistant Treasurers, as it shall deem desirable, such officers to have the authority and perform the -10- duties prescribed, from time to time, by the Board of Directors. 7-ny two or more offices may be held by the same person, except the offices of President and Secretary. 2. Election and Term of Office. The officers of the Association shall be elected annually by the Board of Directors at the next regular meeting of the Board of Directors following the annual meeting of the Board of Directors. If the election of officers shall not be held at such meeting, such-election shall be held as soon thereafter as conveniently may be. New offices may be created and filled at any meeting of the Board of Directors. Each ~ officer shall hold office until his successor shall have been duly elected and shall have qualified. 3. Removal. Any officer elected or appointed by the -Board of Directors may be removed by the Board of Directors whenever in its judgment the best interests of the Association would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the officer so removed. 4. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled by the Board of Directors for the unexpired portion of the term. 5. President. The President shall be the principal executive officer of the Association and shall in general supervise and control all of the busiRess and affairs of the Association. He -11- V shall preside at all meetings of the members and of the Board of Directors. He may sign, with the Secretary or any .other proper officer of the Association, contracts or other instruments which the Board of Directors has authorized to be executed, except in the cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these bylaws or by statute to some other officer or agent of the Association; and in general he shall perform all duties incident - to the office of President and such other duties as may be prescribed by the Board of Directors from time to time. 6. Vice President. In the absence of the President or in event of his inability or refusal to act, the Vice President (or in the event there be more than one Vice President, the Vice Presidents in the order of their election) shall perform the duties of the President, and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. Any Vice President shall perform such other duties as from time to time may be assigned to him by the President or by the Board of Directors. 7. Treasurer. If required by the Board of Directors, the Treasurer shall give a bond for the faithful discharge of his duties in such sum and with such surety or sureties as the Board of Directors shall determine. He shall have charge and custody of and be responsible for all funds and securities of the Association; receive and give receipts for moneys due and payable to the -12- Association from any source whatsoever, and deposit all such moneys in the name of the Association in such banks, trust companies or other depositaries as shall be selected in accordance with the provisions of Article VIII of these bylaws; and in general perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him by the President or by ihe Board of Directors. 8. Secretary. The Secretary shall keep the minutes of the meetings of the members and of the Board of Directors in one or more books provided for that purpose; see that all notices are duly given in accordance with the provisions of these bylaws or as I required by law; be custodian of the corporate records and of the seal of the Association and see that the seal of the Association is affixed to all documents, the execution of which on behalf of the Association under its seal is duly authorized in accordance with the provisions of these bylaws; keep a register of the post-office address of each member which shall be furnished to the Secretary by such member and in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him by the President or by the Board of Directors. 9. Assistant Treasurers and Assistant Secretaries. If required by the Board of Directors, the Assistant Treasurers shall give bonds for the faithful discharge of their duties in such sums and with such sureties as the Board of Directors shall determine. The Assistant Treasurers and Assistant Secretaries, in general, -13- 4 1. shall perform such duties as shall be assigned to them by the Treasurer or the Secretary or by the President or the Board of Directors. ARTICLE VI Committees 1. Committees of Directors. The Board of Directors, by resolution adopted by a majority of the Directors in office, may designate and appoint one or more committees, each of which shall consist of two or more Directors, which committees, to the extent provided in said resolution, shall have and exercise the authority of the Board of Directors in the management of the Association, except that no such committee shall have the authority of the Board of Directors in reference to amending, altering or repealing the Bylaws; electing, appointing or removing any member of any such committee or any Director or officer of the Association; amending the Articles of Incorporation; restating Articles of Incorporation; adopting a plan of merger or adopting a plan of consolidation with another corporation; authorizing the sale, lease, exchange or mortgage of all or substantially all of the property and assets of the Association; authorizing the voluntary dissolution of the Association or revoking proceedings therefor; adopting a plan for the distribution of the assets of the Association; or amending, altering or repealing any resolution of the Board of Directors. The designation and appointment of any such committee and the delegation thereto of authority shall not operate to relieve the -14- . 1 - Board of Directors, or any individual Director, Of any responsibility imposed upon it or him by law. 2. Other Committees. Other committees not having and exercising the authority of the Board of Directors in the management of the Assodiation may be appointed in such manner as may be designated by a resolution adopted by a majority of the Directors present at a meeting at which a quorum is present. Except as otherwise provided in such resolution, membert-of each committee shall be members of the Association, and the President of the Association shall appoint the members thereof. Any member thereof may be removed by the person or persons authorized to appoint such ~ members whenever in their judgment the best interests of the Association shall be served by such removal. 3. Term of Office. Each mdmber of a committee shall continue as such until the next annual meeting of the members of the Association and until his successor is appointed, unless the committee shall be sooner terminated, or unless such member be removed from such committee, or unless such member shall cease to qualify as a member thereof. 4. Chairman. One member of each committee shall be appointed chairman by the person or persons authorized to appoint the members thereof. 5. Vacancies. Vacancies in the membership of any committee may be filled by appointments made in the same manner as provided in the case of the original appointments. -15- , k 6. Quorum. Unless otherwise provided in the resolution of the Board of Directors designating a committee, a majority of the whole committee shall constitute a quorum and the act of a majority of the members present at a meeting at which a quorum is present shall be the act of the committee. 7. Rules. Each committee may adopt rules for its own government not inconsistent with these bylaws or with rules adopted by the Board of Directors. - ARTICLE VII Assessments and Liens 1. Levied bv Board of Directors. Regular or special assessments may be levied by the Board of Directors on the owners of Lots in Stillwater Ranch Subdivision for each Lot's share of the costs and expenses ( including capital improvements expenditures) of the Association. Provided always, that Fabienne Benedict and Fredric A. Benedict shall bear all such costs and expenses during their lives. Assessments shall be borne and paid in equal shares by each of the Lots in Stillwater Ranch Subdivision. Regular annual assessments shall be levied at the first meeting of the Board of Directors following the annual meeting of the members in each year, and shall be based upon the Board's best estimate of the costs and expenses (including capital improvement expenditures) that will be incurred by the Association during the next 12-month period. Special assessments may be levied by the Board of Directors at any -16- time in order to pay for costs and expenses of the Association that ~ were not included in the most recent regular assessment. Assessments shall be due and payable in full on or before the due date set forth in the written notice of the assessment that is mailed by the Board to each Lot owner, which due date shall not be earlier than 30 days following the date of such mailing. Any assessment that.is not paid in full when due shall bear interest at the rate of 15 percent from the due date uhtil paid in full together with the accrued interest. 2. Liens. Every assessment duly levied against any Lot owner by the Board of Directors shall automatically become a lien ~ on the Lot (and all improvements thereon) owned by that owner. The Association shall be entitled to maintain an action in the District Court in and for the County of Pitkin and State of Colorado, for the purpose of collecting any unpaid assessments made against any Lot owner, and/or for the purpose of foreclosing its lien against such owner's Lot and improvements for the satisfaction of such unpaid assessments. Foreclosures shall follow the same statutory procedures as are available for the foreclosure of real estate mortgages in Colorado, and the Association shall be entitled to recover its reasonable costs and attorney's fees incurred in connection with any collection or foreclosure action. -17- 0 - I , ARTICLE VIII Indemnification 1. Indemnification. To the extent permitted or required by the act (as defined below) and any other applicable law, if any Director or officer (as defined below) of the Association is made a party to or is involved in (for example as a witness) any proceeding (as defined below) because such person is or was a Director or officer of the Association, the Association (a) shall indemnify such person from and against any judgments, penalties, fines (including but not limited to ERISA excise taxes), amounts paid in settlement and reasonable expenses (including but not limited to expenses of investigation and preparation, and fees and disbursements Of counsel, accountants or other experts) incurred by such person in such proceeding, and (b) shall advance - to such person expenses incurred in such proceeding. The Association may in its discretion (but is not obligated in any way to) indemnify and advance expenses to an employee or agent of the Association to the same extent as to a director or officer. The foregoing provisions for indemnification and advancement of expenses are not exclusive, and the Association may at its discretion provide for indemnification or advancement of expenses in a resolution of its members or Directors, in a contract or in its Articles of Incorporation. - -18- 0 - Any repeal or modification of the foregoing provisions of this article for indemnification or advancement of expenses shall not affect adversely any right or protection stated in such provisions with respect to any act or omission occurring prior to the time of such repeal or modification. If any provision of this article or any part thereof shall be held to be prohibited by or invalid under applicable law, such provision or part thereof shall be deemed amended to accomplish the objectives of the provision or part thereof as originally written to the fullest extent permitted by law, and all other provisions or parts shall remain in full force and effect. As used in this article, the following terms have the following meanings: A. Act. The term " a ct" means the Colorado Nonprofit Corporation Act as it exists on March 30, 1995, the date this article is adopted, and as the Colorado Nonprofit Corporation Act may be thereafter amended from time to time. In the case of any amendment of the Colorado Nonprofit Corporation Act after the date of adoption of this article, when used with reference to an act or omission occurring prior to effectiveness of such amendment, the term "act" shall include such amendment only to the extent that the amendment permits a corporation to provide broader indemnification rights than the Colorado Nonprofit Corporation Act permitted prior to the amendment. -19- . B. Director or Officer. The term "director" or - "officer" means (a) a director or officer of the Association, and (b) an individual who, while a director or officer Of the Association, is or was serving at the Association's request as a director, officer, partner, trustee, employee or agent of any corporation, partnership, joint venture, trust, other enterprise or employee benefit plan, and (c) any other position (not with the Association itself) in which a director or- officer Of the Association is serving at the request of the Association and for which indemnification by the Association is permitted by the act. C. Proceeding. The term "proceeding" means any threatened, pending or completed action, suit, or proceeding whether civil, criminal, administrative or investigative, and whether formal or informal. D. Code. The term "Code" means the Internal Revenue Code of 1986, as amended from time to time. 2. Limitation. Notwithstanding any other provision of this Article VIII, during any period that the Association is a "private foundation" within the meaning of section 509 of the Code, or any corresponding provision of any future United States tax law, the Association shall not indemnify any person from or against or advance to any person the cost of, such expenses, judgments, fines, or amounts paid or necessarily incurred, nor shall the Association purchase or maintain such insurance, to the extent that any such indemnification, purchase, or maintenance would be determined to be -20- an act of self-dealing within the meaning of section 4941 of the Code, to be a taxable expenditure within the meaning of section 4945 of the Code, or to be otherwise prohibited under the Code, unless and to the extent (i) a court orders such indemnification, or (ii) the purchase or maintenance of such' insurance can be treated as reasonable compensation to such person. ARTICLE IX Contracts, Checks. Deposits, Gifts and-Proxies 1. Contracts. The Board of Directors may authorize any officer or officers, agent or agents of the Association, in addition to the officers so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Association, and such authority may be general or confined to specific instances. 2. Checks, Drafts, Etc. All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Association, shall be signed by such officer or officers, agent or agents of the Association and in such manner as shall from time to time be determined by resolution of the Board of Directors. In the absence of such determination by the Board of Directors, such instruments shall be signed by the Treasurer or an Assistant Treasurer and countersigned by the President or a Vice President of the Association. 3. Denosits. All funds of the Association shall be depokited from time to time to the credit of the Association irl -21- . I such banks, trust companies or other depositaries as the Board of Directors may select. 4. Gifts. The Board of Directors may accept on behalf of the Association any contribution, gift, bequest or devise for the general purposes or for any special purpose of the Association. 5. Proxies. Unless otherwise provided by resolution adopted by the Board of Directors, the President or any Vice President may from time to time appoint one dr more agents or attorneys in fact of the Association, in the name and on behalf of the Association, to cast the votes which the Association may be entitled to cast as the holder of stock or other securities in any other corporation, association or other entity any of whose stock or other securities may be held by the Association, at meetings of the holders Of the stock or other sdcurities Of such other corporation, association or other entity, or to consent in writing, in the name of the Association as such holder, to any action by such other corporation, association or other entity, and may instruct the person or persons so appointed as to the manner of casting such votes or giving such consent, and may execute or cause to be executed in the name and on behalf of the Association and under its corporate seal, or otherwise, all such written proxies or other instruments as he may deem necessary or proper in the premises. -22- A J 1/ ARTICLE X Books and Records The Association shall keep cor. 2ct and complete books and records of account and shal- also keep minutes of the proceedings of its members, Board of Directors and committees having any of the authority of the Board of Directors, and shall keep at its registered or principal office a record giving the names and addresses of the members. All books and records of the Association may be inspected by any member or his agent or attorney for any proper purpose at any reasonable time. ARTICLE XI Corporate Seal The corporate seal shall be in such form as shall be approved by resolution of the Board of Directors. Said seal may be used by causing it or a facsimile thereof to be i..pressed or affixed or reproduced or otherwise. The impression o: ihe seal may be made and attested by either the Secretary or an Assistant Secretary for the authentication of contracts or other papers requiring the seal. i ARTICLE XII Waiver of Notice ' Whenever any notice is required to be given under the provisions of the Colorado Nonprofit Corporation Act or under the provisions of the Articles of Incorporation or the Bylaws of the Association, a waiver thereof in writing signed by the person or -23- f . persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. ARTICLE XIII Amendments to Bylaws These Bylaws may be altered, amended or repealed at the annual meeting of the members or at any special meeting of the members called for that purpose, provided that'two-thirds of the votes of the members entitled to be cast must be cast in favor thereof. Provided, however, that for so long as Fabienne Benedict or Fredric A. Benedict is alive, no amendment, alteration or repeal of these Bylaws may be accomplished without the written consent of both of them or the survivor of them. i CERTIFICATION I, the undersigned, do hereby certify: THAT I am the duly elected and acting Secretary of STILLWATER RANCH OPEN SPACE ASSOCIATION, a Colorado non-profit corporation, and, THAT the foregoing Bylaws constitute the Bylaws of said Association as duly adopted at a meeting of the Board of Directors thereof, held on the day of March, 1995. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said Association this day of March, 1995. (SEAL) Secretary 14794 -24- e h. ... "2 ''i P Ii.Â·ill-44 Â· 4.'llifim ~9Â·fr~~;~Nq~~~~T ~4.)~~fEigÂ·-..... .~tÂ· ~ ; .,â€ž:.~~~ f:::1~1'E'~ -. *NE.M. 7. 6 #ki/Ki -iiÂ¢JU~ ,tl~,0,41.,g'k*m"* *Al,li * *Il./AM'.al'll'll r.1..- ln.11,~.1-~ Â¢< .t'Â·:,Â·w Â·*-jÂ·It, ~ '-d'hME"4,"fiÂ¥"*btit~j." K --42 ~ *~"""~~~ 422 ~Mt/* '.''OP~''',~'~''~~'','',~' - '/Â·f .'3~.~imi..: -9---ER93~:Â·Â· + LZI- - #ItÂ»=L- --I I Â· '34*Mi.>.Â·4Â£2* 1.%11=- . - 0525(as,f- -- 4- Stillwater Ranch WEIJ.... ROCK Subdivision/ PUD ~ CREEK Conceptual Submission = STUDIO Affordable Housing Project 36 North Fourth Street Carbondale, Colorado 81623 v970.963.1971 f970.963.1622 www. otak.com 1UJUIDAINv JO 101101 0 ... . 1 I t. -n=t, , flÂ¥~ ., . 1 44#F Â¢ * ft,me#..4 :.1 $ 2 . . -. . ..1-- - 11 1 11 0...1. E.... 4 Stillwater Ranch ~*1<OCR Subdivision/ PUD CKEEK Conceptual Submission STUDIO Affordable Housing Project 36 North Fourth Street Carbondale, Colorado 81623 v970.963.1971 f970.963.1622 www.otak.com Id N xjpuaddy UounIOSJ>I (SIOUOISS!11IUIC)21 Xlu-[103 u!7[1!d JUN-25-99 08.19 FROM:HOLLANDHART ID:9709 415 PAGE 3/15 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL OF AN ADDHIONAL TEN YEAR VESTING PERIOD FOR THE STILLWATER RANCH SUBDIVISION Resolution No. 99 -~/Z# RECITALS I. The Benedict Estate ("Applicanf) has applied tothe Pitkin County Board of County Commissioners ("BOCC") ro consider an extension of vested real propercy rights pursuant to Section 4-140.30 of the Land Use Code. 2. The propere is zoned AFR-1 R-15, and AFR-IO and is approximaieIy 52 acres. The subdivision is Iccared adjacent to and east ofthe Cky of Aspen, southwest ofHighway 82. A The BOCC heard Ihis application ar a duly noticed public hearing on May 26, 1999, ar which time evidence and tes:imony were presented with respect ro this application 5. The BOCC has determined that the requested vested rights reinstatemenr meets the criteria established in Section 4-140-30 of the Land Use Code. The BOCC has found that te reinstatement ofvested property rights is appropriate and the request for an extension is considered effectively a request for reinstatement 6. The reinstatement of vested property rights forthe StiIIwater Ranch Subdivision includes the right to build on each of lots I, 2,3, and 4,6500 square fbet ofresidential floor area (single family residence and afordable housing Imit combined), wilh floor area calculations zo be based on the definitions contained in the Pitkin County I=d Use Code in effat at the time a building pennit is applied for on a particular Lot. 7. Pursuant to CAS. sec. 24-68- 1 04, the Board finds that an extended vested rights period is warrated do to the phasing of the development ofthe subdivision, and the degree of public benefit obtained from this approval. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant a reinstatement ofvested property rights to the Stillwater Ranch Subdivision subject to the foIIowing conditions which shall run with the land and be binding on aII successors in imerest 1. The Applicant shall adhers to all material representaâ‚¬ons made in Ihe application and in the public meetings 2. The Applicant shall comply.with the provisions of Resolution No.94-233 (Exhibit 1) unless otherwise replaced or amended by the conditions ofthis approval. .2. Fences shall be limited to a maximtim of four (4) strands of wire or three (3) rails. No fence shall exceed forty-two (42) inches in height. 4. Noxious weeds shall be managed on the open space parcel as per the Pitkin County Weed Management Plan, available at the Pitkin County Land Management Department. 1 1!1111 11'll 111111 1111111 lillill'1111Ill lilli lili lilli 432327 06/18/1999 09:34A RESCLUTI DAVIS SILVI 1 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO JUN-25-99 08:20 FROM:HOL )HART ID:9709259415 PAGE 4/15 , Resolurion 99- Page 2 of3 5: There shall be one bear-prooftrash container approved by the County WiIdlifb Biologist for each property, or a single bear-proofcontainer approved bythe Counry Wildlife Biologist for the enâ‚¬re subdivision. 6. Should existing vegetation be akered, for an access road, utility line, or similar uses, the Applicant ShaiI cooperate with the County and the Division of Wildlife to devise a compensation . plan acceptable to the County. Such compensation plan may subsâ‚¬tute (in a nearby area on the subject property) vegetation equal in type and quanria to that being removed to mitigate effects on wildlife species as per Section 3-80-080. 7. AN development within theÂ·Srillwater Ranch Subdivision shall meet all codes and requirements - of the Aspen Fire Protection District prior to the issuance ofbuiIding permits. Exhibk 2 summarizes requirements specified by the Fire Marshal on May 246 1999. The requirements in ~ Exhibit 2 are for reference purposes only; development shall complyÂ·with all codes and requirements ofthe Aspen Fire Protection District ar the drne ofthe issuance ofbuilding permits. 8. The vested rights for the Stillwater Ranch Subdivision/PUD, pursuant to the rerms and conditions of t:he approvals for the Subdivision previously granted by Pitkin County and the additional conditions set forth herein, shall expire on May 26,2009. 111!111 !1111 !111[! lili lilli lilli 11![1!1 Ill lilli lili 1!11 432327 06/18/1999 09:34R RESOLUTI DAVIS SILVI 2 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO JUN-25-99 08:20 FROM:HOLLA--HART ID.9709 415 PACE 5/15 . Resolution 99- Page 3 of 3 NOTICE OF PUBLIC HEARING PUBLISEED IN THE ASPEN TIMES ON THE 24TH DAY OF APRIL 1999. APPROVED AND ADOPTED ON THE 26TH DAY OF MAY I999. VESTED RIGHTS NOna PUBLISHED ON THE Jiti~}AY OF JUA/L ,1999. ATTEST: BQ(DC OF COUNTy COMM[SSIONERS <0 / A OFErKIN COUNU. C LORADO r~-9-9"J u Â£- - 1(JU.4 Velul Q.tft-4 *XE=*-122=, Ly,vite- K beed Lj T.tsriel.Unon.J 4 r - 5eputy Clerk and Recorder Chair ~ Date: N- 0.~Q, 19/1 1 999 (U) APPROVED AS TO FORM- APPROVED AS TO CONIENT: X G.Â£ CU *cit John Ely, Cindy Houben, Cotmty AHEger- Community Development Director Case #P50-99 Pm #2737-179-00-009 1 11'111 lilli !!11111111 lilli lilli 11111111111111' 1111 lili 432327 06/18/1899 09:34A RESOLUTI DAVIS SILVI 3 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY Cd JUN-25-99 08:20 FROM,HOLL--'DHART ID:9709259415 PAGE 6/15 12;'ju:t- u-:'41=9 2:1 - , U 3-770 F- - S.LUIA DAVIS NITKIN COUNTY CLERK & REE ER 0.00 Exhibit 1 RESOLUTION oF TEE EC]ARD 07 COUNTY COMMISSIONERS OF PITXZN COUNTY, COLORADO, GRANTING DETAILED AND FINAL PLAT APPROVAL TO TER STILLWATER RANCE SUBDIVISION/PUD 111 , Resolution #947122 RECITALS 1. Fabienne Benedict, (hereafter "Applicant") r has applied to the Board cf County Commissioners Of Pitkin .County, (hereafter "Board"), to subdivide the Stillwater Ranch into six lots. 2. The subject property is zoned AFR-2, PED. 3. The~ property is located adjacent to and east of the City cf Aspen, southwest of Highway 62, more specifically described in Exhibit "A", attached hereto. 4. The Planning and:Zoning Commission reviewed this application at their regularly scheduled public hearing on January 18, 1994, and recommended General Submission approval subject to conditions. 5. The Board granted five GMQS allotments to the applicant by Resolution No. 94-125.. 6. The Board heard . the General Submission application at a , regularly scheduled and noticed public hearingÂ·on August 30, 1994, at which time evidence and testimony was presented in regard to this application. 7. The Planning and :Zoning Commission reviewed the Detailed and Final Plat application. at their regularly scheduled public meeting on November S, 1994, and recommended approval subject to conditions. 8. The Planning and Zoning Commission reviewed this application 1 111111 m 111111 11 !1111111111111!11 ill 11111 lili 1111 432327 06/18/1999 09:34A RESOLUTI DAVIS SILVI 4 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY co JUN-25-99 08:21 FROM:HOLLANDHART ID: 9 7 09 2 410 CMUC ,/ 1= - 1 1 Resolution No. 94--;~~ Page 2 for Scenic Overlay requirements at a regularly scheduled public hearing on November 29, 1994, and approved the Scenic overlay review subject tc conditions by their Resclution No. PZ-94-15- SCW, THEREFORE, 32 IT RESOLVED by the Beard of Ccunry commissicners that it hereby grants Detailed and Final Plat approval to the applicant subject tc the following conditions: 1. All utility extensions shall be located underground, and appropriate easements shall be dedicated to the various public and private utilities as may be required. All utility extensions shall be located in the property's existing road system to minimiza site disturbance. If utility extensions are proposed outside of approved road alignments, these extensions shall be shown fc= review and approval at Detailed Submission. 2. All development on Lots 1 through 5 shall be limited to access roads, the individual driveways, utility extensions, irrigation ditches, fences meeting Division of Wildlife requirements and -the building envelopes. No disturbance, including vegetation removal, (unless required by the County for fire protection) shall occur outside these areas. Landscaping outside of building envelopes may be permitted upon approval by the Planning Department. 3. The applicant shall dedicate a fishing easemeht along the southerly bank of the river to include the river and five feet of bank above the high water mark. A fishing easement shall alsc be granted between the common boundary of the outÂ·parcel I l!1111 lilli lillil lili El lilli 1111111 111 lilli lili lilli 432327 06/18/1999 29: 342 RESOLUTI DAVIS SZLVI 5 of 13 R 0.80 D 0,00 N 0.00 PITXIN coUN'rY en JUN-25-99 08:21 FROM:HOLLANDHART ID:9708258415 rAGE 0/1 b co id/30:92 0-:esp PG 6 r.= a C Resolution No. 94-Â·'1 Page 3 and Lot 6 and the centerline cf the river. The applicant shall work with the County to realign these pcrtions cf the "winter" trail 'that are located within hazardous avalanche zones, to the extent feasible. 4. All residences shall be connected to the Aspen Consolidated Sanitation Districts (ACSD) main sewer line that runs through the property. The owners of said lots shall pay the normal connection fees, along with an additional prorated surcharge that will be used to recover the costs cf repairing a downstream constraint. The pro rata share shall be determined by the ACSD. If a sewage pumping system is necessary on any I parcel, a conventional septic tank shall pratreat affluent prior to discharge into a pumping chamber, as recommended by the Environmental, Health Department. 5. The applicant shall make a contribution of $12,600 to the County trails program prior to recordation of the final plat. No building permit shall be issued within the Stillwater Ranch Subdivision until the County shall .have expended the centribution on specific trails improvements. 6. The applicant shall obtain access permits and submit erosion and sediment central plans as required to the County Engineer for review and approval prior to building permit issuance. 7. The Fire District shall be allowed cn the property to check fire hydrants and water pressure prior to building permit . issuance. 8. The Applicant or :owners shall provide one, above grade, low 1111111 11111111111 lili 1111111111 10!1111111111111 lili 432327 06/18/1999 29:34A RESOLUTI DAVIS SILVI 6 of 13 R 0.00 D e.00 N 0.00 PITKIN COUNTY CO JUN-25-99 08:22 FROM:HOLLANDHART ID,97092 15 PAGE 9/15 a==ujuaion fic. 9 2 111'111 lilli lillii 1111 lilli 10111.1 111 lilli 1,11 lilli wage 4 432327 06/18/19L- -:34R RESOLUTI DAVIS SILVI 7 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO income, one-bedroom affordable housing unit on each of the - five new lets with-in their designated building envelopes, concurrently with the censtruction cf each four-bed=com. free market unit. Ar ancrocriate deed restriction shall be - .. executed amd filed with the Housing Office. The affordable units shall mee= cr exceed Housing office' s minimum, net livable area recuirament for low inccme units, and shail be deed restricted to the Category 01 income, ,price and occupancy guidelines in effect at the time of issuance cf a building permit. Planned Unit Development (PUD) approval is hereby granted to allow smaller lot sizes as necessary for the provision of detached cr attached affcrdable housing un-its on- Lots 2 and 3. 43 Â· 9. Dogs shall be kenneled cr leashed at all tâ‚¬m#9. Fencing shall comply with Divisicn of Wildlife standards, including a maximum height of 42", four strands or less. -- 10. Prior to final plat recordation, the applicant shall supply evidence of an adequate water supply. C= protective covenants for the Stillwater Ranch Subdivision 11. The shall be revised to permanently restrict the use of the Open Space Parcel to agricultural uses and improvements, the pasturing of horses and related uses and improvements, and such other open space uses and improvements as may be approved from time to time by the Stillwater Ranch Homeowners Association, and the continuation of existing uses. The covenants shall also prohibit further subdivision of the Open Space Parcel, although a lot line adjustment shall be - cermizted benweer. the Cpen Space Parcel and the Out Parcel iz Ccurry and landowner approval can be obtained. I ,/. / AA,v ./ 1 - PG 4 OF 8 21/ JUN-25-99 08:22 FROM: HOLLi~!DHART ID:3709259415 PAGE 10/15 Resolution No. 944473 Page 5 '9-7 ' 12. On or befcre March 1, 1995, the applicant shall form a Homeowners' Asscciation ccmprised of the owners of the six (E) lots inthe Stillwater Ranch Subdivision, and shall convey the Open Space Parcel tc the Homeowners' Association. The deed shall reserve the exclusive use, control and expense of the Open Space Parcel to Fabienne 3enedict and Fredric A. Benedict for the rest of their lives. . - 13 . Removal of mature vegetation outside of any building envelope cn Lots 1 through 5 is prohibited except as provided for in c Condition 2 above. Removal of mature trees within the . building envelopes shall require approval of a tree removal I plan by the Planning Office. Mature trees means any deciducus tree of six-inch caliper at diameter-breast-height or any evergreen taller than six feet in height. 14. The northern bound,My of the building envelope on Lot 1 shall be relocated twenty (20) feet Â·to the south to reduce potential visual impacts. The applicant may relecate the eastern and/or western boundaries of the building envelope so as to maintain the size of the building envelope. 15. The building height on Lot 1 shall be limited to a maximum of 20 feet measured: from existing grade or finished grade, whichever is lower, to the top of a flat roof or the midpoint of a pitched roof. The ridge of a pitched roof shall nbt exceed 25 feet above existing or finished grade, whichever is lower. 16. The building height on Lot 2 shall be limited to (i> a maximum I Ililll 11111 !!1111111] 11111 lilli 11111]111111111 lili lili 432327 06/18/1999 &9:34R RESOLUTI DAVIS SILVI 8 of 13 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO â€¢, 4 f t.) C t.1 1.,=/ w 1-â€¢-,lt' 7 12/30/94 04:054 2 5 JUN-25-99 08:22 FROM:HOLLANDHART ID:97092--415 PAGE 11/l S 11 -1 Resolution No. 94-13) VU-7 Page 6 cf 20 feet measured from the existing elevation of the northeast ccrner ct the building envelope to the tcp of a flat roof or the midpcint cf a pirched roof, or (ii) the maximum height allowed in the AFR-2 Zone District. whichever is lower. The ridge of a pitched roof shall not exceed 25 feet above said existing elevation. The applicant shall establish said elevation by field survey and shall incorporate the same in the Protective Covenants for the Stillwater Ranch Subdivisicn. 17. The height limitations imposed on Lots 1 and 2 may be varied subject to obtaining a new Scenic Overlay approval pursuant to the standards and procedures in effect at the time of a new - application. 18. The owner cf Lot 1 shall submit a landscape plan for review e and approval by the Planning Office prior to the issuance of - 1 -. a building permit for the residence on Lot 1. The purpose of the landscape plan shall be to reduce the visual impact of development on Lot 1 from Highway 82. 19. Section 2(f) of the covenants (lighting) shall be revised to preclude outside lights on the ncrth side of the buildings on ~ Lots 1 and 2 (facing Highway 821. ..The architectural "guidelines" shall be renamed to :'requirementsâ€ž . s 20. With the exception of one entrance light at the intersection râ€¢. 'i . of Highway 82 and Stillwater Road, and one outdoor light for = . 1 the garage or home entrance (unless otherwise required by the Uniform Building' Code), access drive and landscape Waccent" lighting shall be prohibited on Lots 1 and 2. Low level 111111111111111111 lilli lill'l l'Ill 1111111111 lilli lili lili 432327 26/18/1999 09:34R RESOLUTI DAVIS SILVI - I /- a . aa n a ma â€¢ 8-00 PITKIN COUNTY CO 6/7578 P--7138 12/30/94 04%05) r - - OF o JUN-25-SS 08:23 FROM:HOLL HART ID:9709259415 rMUL 11 -7 Resolution No. 94-12~ Page 7 walkway lighting, however, shall be allowed for safety purposes. All extericr lighting shall domply with the applicable requirements of the Pitkin County Land Use Code. 21. Livestock grazing-and livestock impounding is prohibited en Lots 1 through 5, .with the exception of horses, which may be i=Founded on Lots 4 and 5. Livestock grazing and livestock impounding is permitted within the open Space parcel and 6. 22. All material representations made by the applicant . in -the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED AND ADOPTED ON THE 20TH DAY OF DECEMBER, 1994. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ATTEST 4 bA ic-k,41 C. 125-6*110 d fRAA dif(1 t. (A ~~~i:, /771 b l . BY: / // . XZn'z/' -14heete jonii: ... '-r- i 61 T /90 te--- - W. -----; 4.na l.Zzlail -. .< 2iâ€¢. 2/ 44...2 - Deputv Clerk and Recordeb Dage: AZF'Â·CU - 1 01 ju r J APPROVED AS TO FORM: APPROVED AS TO CONTENT: D 8 Â«441 - *441.( kleT?~ Tim *h*tis#.tt, Â· Â·62,- Suzanne Kspdhan, Coupty ,%5Fney - County Planning Director slw/fk.benedict.detailed.reso 1 111111 lilli mi lili lilli lilli 1111111 111 ililll 111 lilli 432327 06/18/1929 09:34R RESÂ©LUTI DAVIS SILÂ¥: 10 of 13 R 0.00 D 0.00 N 0.08 PITKIN COUNTY CO , 111- 1) JUN--25-99 08:23 FROM:HOLLANDHART ID:97092 l S PAGE 13/15 Exhihit "AN PARCEL 1, ST=LWACER RAN~ PARCZZ.S, according to the First Amended Plat theracY recorded December 2, 1993 in Plat jeck 33 at Page 34. COUNTY OF 911'.L.y, STATE OF COLORADO - . r. Â· N . 1111111 lilli 111111 lili lilli lilli 1111!11111111111111 lili 432327 06/18/1999 09:34R RESOLUTI DAVIS SILVI 11 of 13: R 0.00 D 0.00 N 0.00 PIll<IN COUNTY CO 12, ,;v,/94 V,4 :0SP PA , OF M JUN-25-99 08:23 FROM:HOL DHART ID:9709259415 PAGE 14/15 1. - -- Â°G,g (970)926027 1Â¥1- . S=Es= P.O. Boxz:55 FAX (570) 925-457 â€ž05*.m=- Aspen, CO 81612 1 Exhibit 2 1 MEMORANDUM Tch Mr. Ed Van Wairaven, Fire Marshal. Asgen Fxe Protection District FROM: Jay Hammond, Schmueser Â§arden Meyer, Ir<Z~ DATE: May 24,1999 RE: Benedict-SEEwater Parce; 1, Lots 1 through 4, Request for Vested Rights Extension Thank you fcc your pfompt resecr:se in meet:ng wi:h ine mis merNng regarding the Benedict Estate's Request br Vested Rights Extension for lots 1 trough 4 of the Stalwater Ranch Subcirision. [ sent you copies of some of the relevant documents you had requested during our meang via fax early lt* afternoon including part of the Water SeMce Agreement portions of the Pakin Ccurly Resoition of Approval # 94-233 and exceipts tom Ae Protedve Covenants where#t house sizes are irrdled and sprinldering fs required. Youl a[30 note thal the Coverants address the wikmre :ni!igah-crl issue hal we had discussed. I wanted torecap our discuss~on of this morning to keep the applicants informed rega:ding aily further con/Rions thai may arise as a result of the Ves:ed Ag* Extension process. From our ~- meeting and saa visit cf thi~.morr-ing, it is my ur,derstandZng thaithe Aspen Fire DE=icrs pogition is as flowfs *dth fesped to the Stmwater Ranch Sub<:Msion Request for Vested Rtht Extension: 1. The Diskict wai not recNire any fuither waber mah adension to provide ackE:iorm: te hydrants wihb the SlbdMsion (thege is m edsting :Be hydran: in dose p=im* 2 the entrance of the pdvate access oÂ¢ Stiarater Drh,e). As you'H note on the Water Seace Asreernert, construcdon of waler main extensions was specitaty predz=bd *. W- adequate sizing of the service firm to provide for lire sp,inkler tiows was address-: d 56 1 the Cay Water Depaitnent at the time of the Water Service Agreemert cr d ihe or:chal approval. 2 Ihe homes on the Lots 1 hough 4 shal be ire spm*lered lo an NFRA f :artard - 3,~., which is a somentat higher standard than is typical of singfe-far.7 y residandE Conswudion. a The common 2Â©ress drwe h:ack to Let 4 wifi bea Ininhmrm 20 feet in vf: 3 v,th a r â‚¬3 weaiher surface (graet as a rn~nun). This width wi# avid the need for =dtk>na: p..di- outs 2]ong the entry road that wouid be reqUred :or a narrower road in exci ss cf ZOO '.-=ret in length. 1 Im 11111 111111 1111 11#I lilli imli 111 Illill lit lili 432327 06/18/1999 09:344 RESOLUTI DAVIS SILVI 12 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO MS West Ch. SuM,200 â€¢ 3!er:wood Springs. Colorado - (97Â¢ CME ICCE JUN-25-99 08:24 FROM:HOLLA ..- HART ID:9709 415 PAGE 15/15 - ...: . May 24.1 999 Mr. Ed VanWairwen -t Page 2 4. The building envelope for Lot 4 is set back 75 feettrocn the southeast property line of the Lot and some 46 feet from the access easement The drAceway kito Lot 4 shal be designed wil: sufficierit width and *Irning facti to ailow a ire truck to pul in off the common dlive and back out:oato the common drive ki the opposite cOrection Zo allow for a tum-around capability. 5. Te the extent liat the gate cn the common drive is wahin the Stilwater Rmch Subdvision l and depending on tie fhal conigura#on d the drit,eway *do Lot 4. the gate wai be relocated to atiow sumcierit room jor a lim apparatus to back out ormo the cominon *Are 1 / - - k and exit the subckfsiOCL 1 hope these Rerns appropriatety reflect our discussion cf ds ;marning. Ple=e feel tee :o contact me if you *,iar rve missediany substardive concerns for me Fire Distrtt regarcang ne Benedict's Request for Vested Rights fbdension- Unless you wouki prefer t> hardiek (Effepenty, the Benedicfs would propose b iii:ach mis memo as an editit to the Resct:tfco grantir:g approva[ to Uteir Vested Rights Eriension. Thanks again for your assistance. 1 JÂ»Â£9.920102â€¢1 ce: Mr. Ast DaÂ« Hoitand & Hart . I ~. 1 - . 11111111111[1101 lili 1111111111111111111 !111111111111 i 432327 06/18/1999 09:34A RESOLUTI DAVIS SILVI 13 of 13 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO PRWTESFE GORDON MEYER gIC- . " I 29't A 44 S 1 71 t. .. . I - te - ~4 .4. Â·:43 'AIL .. ..44-' ..# Ii.+ Â·r 4 L_~ D Â·$- 0 0 4 .-' J~36*1Saket#L.Â· : ..1 :160 'Â· i~,*e Stillwater Ranch I0KOCK Subdivision/ PUD CKEEK Conceptual Submission BTUDIO Affordable Housing Project 36 North Fourth Street Carbondale, Colorado 81623 v970.963.1971 f970.963.1622 www.otak. com SlUOUIpt[ 0 IV JO uounIOSON 1 {pugddy Slut?UDA.03 01410310'Id 3111 01 RESOLUTION OF AMENDMENT TO THE PROTECTIVE COVENANTS EQE STELWATER RANCH SUBDIVISION / PUD December 9.1928 WHEREAS, that certain reai property ituated in Pitkin County, Colorado, known as the Stillwater Ranch Subdivision/PUD (the "Subdivision"), as depicted and described On the Final Plat of the Stillwater Ranch Subdivision /PUD (the '-Final Plat") recorded in Plaz Book 35 ar Page 86 of the Office ofthe Clerk and Recouier ofPitkin Counry, Colorado, pursua= to its Protective Covenants of December 30, 1994, (the "Protective Covenams") recorded in Book 770 at Page 796 ofthe Office of the Clerk and Recorder of Pitkin County, Colorado, formed the Stillwater Ranch Open Space Associaion, a Colorado nonproft corpora:don (the UAssociation"), to own and manage the Open Space Prcel (the "Open Space") shown and described on the Final Plat; and WHEREAS, Article VI(3) of the Protecive Covenams provides rhat the Protective Coverants may be amended by the recording in the Pitkin County, Colorado reai property records of a resolution of amendment executed and acknowledged by the then-carrem record owners of at least four (4) lots in the Subdivision; and WHEREAS, the undersigned personal representative of the Estare of Fabienne Uoyd Benedict, ilda Fabienne Benedict, Deceased, the record owner of Lots 2,3,4 and 6 ofthe Subdivision (the "Stillwater Ranch Lct Owner") wishes to amend the Protective Covenants, and agrees to vote in favor of an amendment to the Aricles of Incorporaâ‚¬on and the Bylaws of te Association, to allow neighboring land known as Lots 12 and 121 of Callahan Subdivision, according to the Final Plat of Callahan Subdivision recorded May 19, 1976 in Plat Book 5 =Page 7 in the Offlce of rhe Clerk and Reccrder of Pirkin Counry, Ccloracto (lot 12, CallahanD to become a member ofthe Stillwater Rmch Open Space Associxion and to enjoy the use and benefit of the Open Space subjece to the resnictions on [he Open Space and an equal one-seventh share of the expenses cf cwning and operaing the Oper. Space: and WHEREAS, Lot 11 Callahan wishes to become a member cfthe Stillwater Ranch Open Space Association and enjoy the use and benefit of the Open Space and is wming to assume a proportionate Rhare ofthe expenses of owning and operadng the Open Space and be subject to the restricions on the Open Space; NOW, 'INEREFORE. for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consider=ions, the receipt and suEciency of which are hereby aclmowledged, the undersigned Stilbwater Ranch Lot Owner agrees to vote in favor of amendmems to the Ardcles of Incorporation and Bylaws ofthe Association and hereby resolves to amend rhe'Protective Cover,9nri, and Lot 11 Callahan agrees to become a member of the Stillwater Ranch Open Space Association and to be bound by its Arâ‚¬cles of Incorporation and its Bylaws and by the Protective Covenams, as follows: 111111111111111111111 111111111111111111111111!111111111 425355 12/10/1998 02:31P AMEND CO DAVIS SILYI 1 of 3 R 16.80 0 0.00 N 0.00 PITKIN C0UN77 CO PET-1 365 0 1. The Sgwazer Ranch Lot Owner agrees to vote in favor ofaIl amendment to Article EI, paragraph 1. of the Articies cfIncorporation ofthe Association, to include Lot 12, Call,hs,71 as a ULot" for purposes of ill membership in the Sdilwater Ranch Open Space Association. 2. Ardcle 31 paragraph 3. (c) of the Protedve Covenants is hereby amended to include Lot 12, Callahan in the Stillwater Ranch Open Space Association, the homeowner's association formed for purposes of owning, governing and maintaining the Open Space. 3. The Stillwars Ranch Lot Owner agrees zo vote in favor of an ampr:r;ment to the Bylaws ofthe Stillwater Ranch Open Space Associadon 2 their next,rl,1121 or special mesring to allow full membership and participation to Lot 11 Cail,h,n, subject to any and all restricâ‚¬ons and an equal one-seventh share cf all assessments and Ievies ofthe Association- 4. Lot 12, Callahan agrees to be bound by all restrictions and burdens on the Open Space recited in the Protective Covenams. Lot 12, Callahan shall nct, however, be burdened by any restrictions contained in the Protective Covenants that do not relate to the Open Space. Lot 12, Callahan, agrees to pay an equal one-seventh share of all cosm and expenses of owning, improving, maintaining, caring fc: and operating the Open Space, and upon execution of this Resolution by all pardes, Lot 12, CalÂ»An agrees to pay to the Associaâ‚¬on the sum of SZ,279.44, which is Lot 12, Callahan's proram share of the SÂ·4,000.00 per Lot regular assessment thar was lepied by the Association for the period Tuly 6, 1998 to July 5, 1999. 5. This Resoludon.of Amendment is made purnlam to Arâ‚¬cle VI, paragraph 3. of the Protective Covenarms. Lot 12, Calahan shall have no vote in any Eture amendments to the Protective Coven--, and said Ardcie VI (3) of the Protective Covenants shall be deemed amended accordingly. Archur C. DEy signs this Resolution onbehaif ofLots 2,3,4, and 6 ofthe Subdivision as the personal represenrative of the Estate of Fabienne Lloyd Benedic, ailda Fabienne Benedic, Deceased ("Esmre") with the express written authorization and consent of the beneficiaries ofthe Es=e to whom those lots were devised in the Last Will and Testament of I Fabienne Benedict 6. In the eves of any Brigation rising out of tis Resolutior~ including the interpretation or enforcement ofany of the terms or provisions hereof, the prevailing party shall also be enâ‚¬tled to recover its reasonable attorneys' fees and costs incurred therein This Resoluion shaQ be binding upon and inure to the benefit of the par[ies hereto and their respective heirs, personal represematives, successors and assigns forever. This Resolution constitures the entire understanding and agreemem berween the parties relating to the rbject carter hereof. Except as ' specifically amended herein, Ihe Protective Covenants shail remain unmodified hereby, and remain in full force and effect. 7 1 1111111111111111111 Ill'111 lilli Ill'11111 lilli lili lili 425355 12/10/1998 02:31P AMEND CO DAVIS SILVI 2 of 3 R 18.00 0 0.00 N 0.00 PITKIN COUNTY CO IN WITNESS WHEREOF, Arthur C. Daily executes this Resolution cf Amendment as the personal representative of rhe Estate and on behalfof Lou 2,3,4, and 6 ofthe Subdivision, and Marie-Fabienne Benedict Gordon executes this Resolution of Amendment as the owner of Lot 12, Callahan, as cfthe day and year first above written LOTS 2,3,4, and 6 Arthur C. DaEy, Personal Represe=tive ofthe Stillwater Ranch Subdivision/PUD: Estate of Fabienne Lloyd Benedic, alk/a Fabienne Benedict, Deceased 1 Lf Arthur C. Daily, Personal Representative LOT 12, CALLAHAN: By: mil;CLL-,%Li -evcia-- Ltb -(Scusfc/v.-- Marie-Fabienne Benedic[ Gordon, Owner STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) 1 The foregoing instrcmem was acknowledged before me this:' C~~1~ay of December, 1998, by #farie-Fabienne Benedict Gordon 4.. J Witness my hand and cEcial seal ....... My commission expires: 4 1 24 W-000 , I 4 -. i Nourv Public U STATE OF COLORADO ) . Sa, E m bu, A:seÂ« 441 Â·1*Â·'0 ) 9. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this l,Ok day of December, 1998, by Arthur C. DaBy, Personal Representaive of the Estate of Fabienne Lloyd Benedict, afkja Fabienne Benedic:, Deceased W?cness my hand and offtcial seai. . 0.... My commission expires: 9 104 6091 U&-1 9 444.2.- 1 ...4 Notary Public O 1 0 v. 60 0 g. a.h iu , p*.i. Â·0Â·- 'y 263 j.:2 3 1 111111'll' 111111111!11!111 1111111111111111111 lili lili 425352 12/10/1998 22:31P AMEND CO DAVIS SILVI 3 of 3 R 18.00 0 0.00 N 0.00 PITXIN COUNTY CO 0