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HomeMy WebLinkAboutLand Use Case.Stillwater Ranch.A113-99R V1~ . MEMORANDUM TO: Phil Overeynder, Director, Water Deparment Julie Ann Woods, Community Development Director ~ Joyce Ohlson, Community Development Deputy Directorl v - "I THRU: FROM: Nick Lelack, City of Aspen Plauner RE: Referral Comments on Stillwater Ranch Subdivision/PUD Conceptual Submission Affordable Housing Project DATE: January 27, 2000 PROPOSAL The City Plauning 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 aunexation 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 aunexation. Below is a sununary of Staff s findings. · The City is currently in the process of aunexing the Moore and Highlands properties. This process is consuming substantial City resources, particularly in terms of staffing; therefore, it is not inthe City's best interest to aunex the Stillwater property at this time. · The Stillwater application is currently under review by the Pitkin County Plauning 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 Plauning Staff has participated in this review process by submitting referral Comments to the " County Plauning 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 aunexation. Thus, it is not essential that the City pursue aunexation ofthe property until at least the County has acted upon the application, and the applicant has gained the authority to begin work on the project. · Finally, the City Planning Staff does not support aunexation at this time because . the aunexation process could delay and interfere with the County's approval process and construction of the affordable housing units. Expanding the affordable housing stock in the urban area is a top community goal, and aunexation could delay efforts to achieve this goal. >, ATTACHMENT 1 MEMORANDUM TO: Tamara Pregl, Pitkin County Plauner THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Community Development Deputy Director FROM: Nick Lelack, City of Aspen Plauner RE: Stillwater Ranch Subdivision/PUD Conceptual Submission Affordable Housing Project DATE: January 14,2000 PROPOSAL The City Plauning 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 Plauning Stafffound 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 Plauning Staff recommends approval of the application. Below is a sununary of Staff s findings. Because Pitkin County Plauning 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. · 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 oflocating 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 effictive, 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 ajUture annexation agreement between the City and County and require intergovernmental coordination for any development approvals in the jOint planning area. '" . · 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. · 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 location for low density, single family or duplex housing. Therefore, this application will facilitate the implementation of the AACP. · 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. · 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. · 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 RFT A bus stop. · 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 aunexed into Aspen in the future. ~ MEMORANDUM TO: Tamara Pregl, Pitkin County Plauner THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Community Development Deputy Director FROM: Nick Lelack, City of Aspen Plauner RE: Stillwater Ranch Subdivision/PUD Conceptual Submission Affordable Housing Project DATE: January 14,2000 PROPOSAL The City Plauning 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), AACP 1998 Update, and Interim Aspen Area Citizen Housing Plan. City Planning Staff recommends approval of the application. Below is a sununary 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. · 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 effictive, 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 ofajUture annexation agreement between the City and County and require intergovernmental coordination for any development approvals in the joint planning area. · 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 naturaI vegetation as possible. Therefore, the site pIan is compatible with the surrounding natural and built environment. · The 1993 AACP identifies Lot I of the Stillwater property as a potential affordabIe 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 of the AACP. · The Interim Aspen Area Citizen Housing Plan calIs 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 goaI by providing 43 bedrooms in I7 affordable housing units. · The site is located approximately one-quarter mile from the Mountain Valley RFT A bus stop, and the transit agency has the capacity to carry passengers from this site. · The project is designed to promote alternative, non-automotive transport. The site pIan 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 RFT A bus stop. · 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. '1 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 -~p . 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. '. . ~ ~ ~ , ~ ~ , , r , - - - , - - - ~ - - r ~ I - I ( - . Affordable Housing Project A Land Use Application Submitted to: Pitkin County Community Development Department Prepared by: Otaki Rock Creek Studio Aspen/Pitkin County Housing Office November, 1999 .F.1 ROCK CREEK 5TUDiO - - Project Particil2ants - Owner: Project Manager: .... - Estimating Contractor: - Contractor: .... Architects: ... .... Energy Consultants: - """'" Structural Engineer: - Mechanical Engineer: .... - - Electrical Engineer: - Aspen/Pitkin County Housing Office Lee Novak 530 East Main Street, Lower Level Aspen, CO 81611 tel: (970) 920-5137 fax: (970) 920-5580 Pat Fenton tel: (970)920-4623 To be selected by Housing Office and MFA Michael Fuller Architects, PC 23286 Two Rivers Road, Suite 24B Basalt, CO 81621 tel: (970) 927-6620 fax: (970) 927-5366 Rocky Mountain Institute 739 Snowrnass Creek Road Snowmass, CO 81654 tel: (970) 927-3851 fax: (970) 927-4178 Monroe and Newell Engineers, Inc. 70 Benchmark Road, Suite 204 Avon, CO 91620 tel: (970) 949-7768 fax: (970) 949-4054 Rader Engineering, Inc. P.O. Box 780 133 Riverside Court, Suite 1 Avon, CO 81620 tel: (970) 845-7910 fax: (970) 845-7522 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 - Stillwater Ranch Subdivision/PUD Affordable Housing Project ... ... - - ErQject 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: OtakjRock Creek Studio 36 North Fourth Street Carbondale, CO 81623 tel: (970) 963-1971 fax: (970) 963-1622 ... ... ... ... ... ... ... ... ... ... Stillwater Ranch SubdivisionjPUD Affordable Housing Project ... ... - !ihle 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 !'l""I Section 9. Rezoning 57 - - - - Stillwater Ranch Subdivision/PUD Affordable Housing Project - "- . ~ v Y-<<,~~~ ~'=""'-'''''& ~ "'1If__"," "" - '"" - Exhibits .... - - 1. Vicinity Map .... 2. Conceptual Landscape Plan/Site Plan - 3. Adjacent Land Uses '""' 4. Adjacent Zoning - 5. Schematic Grading Plan '""' 6. Drainage Plan '""' 7. Slope Analysis '""' 8. Utility Plan '""' '""' '""' - Stillwater Ranch SubdivisionjPUD Affordable Housing Project '""' .... - - - A.l2Penclices - - !IIIIII! r~ ""' , :;:,<.';" ~f ~ ""' JL ~~~r , , J; ~~ I >~ I ,;""'i'/;~:>:_lOr'i ~oi ~ 'P~ Subject Property !' o Mile, 1" ... 2000' II r-- -- -.--.. , -. - l II' _v,,~~,. '" I 411'.i!ll:<GU.W,.1i ~1W~i I I ~lIOj"'''''l''J''ll'''.''hl I I .!e<;l :(111I $:.'lf.I;~c ,l.lKl,t I I __I I"" -:;('''a.", . .... '-. . -. ......-- - - - -., ()(Mf()"IOO'A1Nnoo"NDIUd ONtSnOH'J'llWOW.:l1f ~!!-'. ~J r";r~l L -.. ,,' ~?~1jl LJ f J HJNVcr~31 VMllI1S ~ ~ ill 'lb. Cll 'b f5 !!I 00 No..Cf ;(- ~ ~ ~ .,!H I~~ ~n ,,~~ " "S'<'oC' ,Rill BU ~iIIIII "'-- , " ... '_____""0 ---, ,OO'OLI "'00 " , "0, S N = .... ~ .... - .Q=-' ~-,.".-..__.- .:= Q,j ~~ ~('J.) -.. = ~ - =-. Q,j Q, ~ ~ ~ 'T.:l = ~ ..::I " .... ", - ~ = .... Q, Q,j ~ = o U '. /.,~ ~ ", "'/ ~ IoJ,Jo.-j' ...........,. -~--- -~ ~~"'~ ' /; ~ "-,' ~ ,,~ ~~ /01'>- iI; ~ "'~ -" I 101 , > !/~"-." , ~~ , , , , C J07 , , , " I lIt 1~li!ld 1~!!~0!! :!@ !~~ .. . v - .... .... .... INTRODUCTION .... The Stillwater Ranch Affordable Housing Site is located in unincorporated Pitkin County, southeast of the Town of Aspen and adjacent to State Highway 82 (see Vicinity Map, Exhibit 1). The property is across Highway 82 from the Eastwood, Knollwood and Mountain Valley Subdivisions. The site is 4.179 acres in size and is currently undeveloped. The property was conveyed by the Benedict family to Pitkin County Housing Authority for the expressed purpose of providing affordable housing. The property is currently zoned AFR-2. .... .... .... 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 Parcell 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 One One Three Three TOTAL 17 Source: Aspen/Pitkin County Housing Authority, 1999. SITE DESCRIPTION .... .... .... .... .... Stillwater Planned Unit Development Subdivision/Conceptual PUD Application .... 1 ..... ROCK CREEK STUDIO 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 1 0 29.99 155,817.34 2 30.00 44.99 11,520.24 3 45.00 200,00 11,164.91 TOTAL 178,502.49 Source: Schmueser Gordon Meyer, Inc. 1999. 87.3 6.4 6.3 100.0 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 Subdivision/Conceptual PUD Application 2 =-... ROCK CREEK 5TUDIO l:l:~" "7'H ),. , '/. ." "'.,....,.c:. ,.... > L .. "l I b......Adlo<"'" ~~ - 1'1;'] "'_ -- ...... "::_'_-J_ --- ---, -- .~ f"\ - --- >n'; lj" [5 =- .;of',:. 1iiII___ ,," - 0..._ '" < -...- , , ,,' '--- -- -- m_.... i ~ . i i fi - . Ii ii Ii i ii r - ".," - - ,.. 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 subjecno the architectural controls contained within the protective covenants of the subdivision dated December 30, 1994.1 These controls are summarized below: ,.. (i) Architectural Reauirements. "No shining or reflective roofs or other surfaces or materials 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, brich, 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 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 following Scenic Overlay Review conditions shall apply to Lots 1 and/or 2 as indicated: - - (i) The Building Height on Lot 1 shall be limited to a maximum of 20 feet measured from existing grade or finished grade, which ever is lower, to the top of a flat roof or the midpoii!t of a pitched roof. The ridge of a pitched roof shall not exceed 25 feet above existing or finished grade, whichever is lower. - 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. - - I Book 770 Pa'.!e 796 Recention #377682 Pitkin Countv (,lerk and Recorder, Stillwater Planned Unit Development Subdivisi01r1Conceptual PUD Application 3 - =-_ ROCK CREEK STUDIO (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 building permit for any structural improvement on Lot 1. The purpose of the landscape plan shall be to reduce the visual impact of development of Lot 1 from State 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. (jj) Exterior Lighting Reauirements. 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. 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-family residential use for Lot 1, Benedict 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 building permits, the type, density, location 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. 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 4 Stillwater Planned Unit Development Subdivision/Conceptual PUD Application ..... ROCK CREEK STUDIO ... ... ... 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 3-801041 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 Plan/led Unit Development Subdivision/Conceptual PUD Application 5 ... ..... ROCK CREEK STUDIO The following section describes compliance with applicable submittal requirements and specific sections of the Pitkin County Land Use Code. Direct code references are shown in italics, with a response following each requirement demonstrating compliance by the applicant in bold. (This method will be followed throughout the remainder of the document). As an introduction to the specific sections applicable to each required approval, the following discussion briefly addresses the policies contained within Article 2 - Land Use Policies. ... ... Section 1 - CODE COMPLIANCE - ... - - ... Article 2 - Land Use Policies 1. COMMUNITY BALANCE The dominant policy of Pitkin County is to conserve and protect from furtha degradation the present natural environment and its resources. Development which can be accommodated within these limits will be managed to maintain a balance between residential, commercial and tourist accommodations. ... ... 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 comprehensive plans for the County and regularly update these plans. ... RESPONSE: Not applicable to this project. ... 3. CONFORMANCE WITH THE ADOPTED COMPREHENSIVE PLA.'\! It is the policy of the County to insure that the use and development of land leithin Pitkin County and any actions committing such land to development or a change in use should consider Pitkin County's adopted comprehensive plans. ... RESPONSE: Asnen Area Communitv 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 Subdivision/Conceptual PUD Application - 6 ..... ROCK CREEK STUDIO Asnen Area Citizen Housine: 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 Housing 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 Shadow wood 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 design? Or, if a specific development is proposed, is the site design pedestrian oriented? Does the internal site design promote alternative, non-automotive transport? 7 Stillwater Planned Unit Development Subdivision/Conceptual PUD Application ..." ROCK CREEK STUDIO - - - 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, non- 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 pIan 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 of Aspen/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 maintain and improve the quality of life of its residents. To this end, the County will manage the location and timing of det'elopment in the residential, commercial and tourist accommodation sectors. The provision of public services and facilities shall be consistent with adopted comprehensive plans. The County shall prohibit the location of public services and facilities that tL'ould encourage development inconsistent with adopted comprehensive plans. To insure that growth is consistent with adopted County plans, the County will maintain a Growth Management Quota System (GMQS). Stillwater Planned Unit Development Subdivision/Conceptual PUD Application 8 - - - - :M'" ROCK CREEK STUDIO 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 development of new skiing areas or terrain with significant base area development. The County shall review all proposals for any proposed new ski areas 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 neighborhoods. To this end, the County will provide notification of pending applications to the affected adjoining property owners, 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 within Pitkin County is consistent with applicable laws of the United State of America and the 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 Subdivision/Conceptual PUD Application 9 =-... ROCK CREEK S'-UDIO ,.. - - ... - - - .... ... .... - - ... .... ... ... ... ... ""' 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 CTLlThompson, 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 It is the policy of the County to preserve the integrity of existing and natural drainage patterns. Land use and development activities which subject areas to increased potential for damage by {lood, 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 maintaining natural vegetative cover and by requiring the revegetation of areas disturbed by land use or development activities. 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 preserve 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 visual 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 that development which will not degrade air quality. Stillwater Planned Unit Development Subdivision/Conceptual PUD Application 10 aiM- ROCK CREEK STUDIO 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 preserve and protect its present water resources, recognizing the County's semi-arid character and that significant trans mountain and transbasin diversions and the vested rights of senior appropriators in the basin have 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-dependent agricultural activities; or which would result in increased salinization of water resources, loss of minimum stream flows, further destruction of wildlife habitat, or major expenditures to reacquire or redistribute major water resources. It is also the policy of the County to maintain a natural vegetative buffer 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 wetlands. 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 County to permit only that development which will not generate noise which would adversely impact community noise levels. RESPONSE: Residential development is not considered a significant noise generator. 16. WILDLIFE MANAGEMENT It is the policy of the County to identify and protect all wildlife habitat for the preservation of wildlife and prohibit land use patterns which disrupt such habitat. RESPONSE: A review of both Pitkin County 1041 Wildlife Maps and The Division of Wildlife 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 11 Stillwater Planned Unit Development Subdivision/Conceptual PUD Application ""."'"...,' ~;';':<}'~,j:,;", .','" ,d"""". .~ ".,.,..."""~,,,.,,.~. ..... ROCK CREEK 5TUDIO .... - - 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 approval of the use. The County shall require land uses to hook-up to existing public systems if service 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 inthe 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 Utilitv Connection Permit and Water Service Aereement form has been approved by the City of Aspen 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 available to serve 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. ... 12 - Stillwater Planned Unit Development Subdivision/Conceptual PUD Application - ..... ROCK. CR.ESK STUDIO 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 Mfordable Housing Project can easily be accommodated by the adjacent roadway network. TABLE 3 TRIP GENERATION RATES USING ITE' RATES I-Bedroom AH Units 210 9.55 6.5 4 12.2 38.2 3-Bedroom AH Units 210 9.55 3.5 13 78.65 124.15 TOTAL 17 90.85 162.35 Source: Aspen/Pitkin County Environmental 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 environmental and aesthetic damage and future maintenance 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 Pitkin 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 Shadow wood complex and the previously platted lots 2, 3, and 4 of Parcell 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. 1 Institute afTraffic Engineers Trip Generation Manual, 5th Edition. , The AlP END has developed an approved trip reduction factor to calculated trip generation, Stillwater Planned Unit Development Subdivision/Conceptual PUD Application 13 =iII~ ROCK CREEK STUDIO - - - 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 services, 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 which minimize automobile congestion, promote traffic safety and reduce sources of air pollution. The County shall encourage transportation modes which reduce automobile use. Non- motorized transportation alternatives such as trails for bicycles, horses, pedestrians, and cross-country skiers are encouraged. - - 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 committed to or capable of agricultural uses are preserved. Stillwater Planned Unit Development Subdivision/Conceptual PUD Application 14 - - .... ROCK CR~EK STUDIO 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 have 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 who are necessary 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 L 25. ENERGY CONSERVATION It is the policy of the County to encourage features in any development 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 incompatible development by promoting land uses within and nearby public lands which are cornpati ble with public use of those lands and with the preservation of the natural environment. RESPONSE: The proposed project is not located adjacent to public lands. 29. ACCESS TO PUBLIC LANDS It is the policy of the County to preserve existing access points to public lands and strit'e to secure new access points consistent with County and Federal land use plans. RESPONSE: The proposed project is not located adjacent to public lands. Stillwater Planned Unit Developme/lt Subdivisio11lCo/lceptual PUD Applicatio/l 15 =-F.l ROCK CREEK STUDIO ... ... ... 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 ownership with the objective of promoting consistent management of the public lands to reduce conflicts between private owners and developers and the public at large. ... RESPONSE: The proposed project is not located adjacent to public lands. ... ... ... ... ... ... ... ... ... ... ... ... ... 16 ... Stillwater Planned Unit Development Subdivision/Conceptual PUD Application ... =-_ ROCK CREEK 5TUDIO - 3-60-010 Applicability - - - Section 2 - ENVIRONMENTAL AND AESTHETIC STANDARDS - Section 3.60 ENVIRONMENTAL AND - AESTHETIC STANDARDS - The environmental 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 9 3-601) - 3-60-020 Air Quality Land uses shall: A. Not constitute a direct or indirect source of air pollution under applicable Federal, State or County regulations; - B. Comply with the Pitkin County Code Title III A.ir 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 nritigation requirements. - - 3-60-030 Preservation of Natural Landscape A. Grading and Fill Placement - 1. The County Engineer and Planning Director must 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 Subnrission. Total cut and fill will exceed 50 cubic yards, and - 17 Stillwater Planned Unit Development Subdivision/Conceptual PUD Application - _ROCK CREEK STUDIO 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 building permit 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 visual damage to the natural terrain, stream vegetation and other natural features of the landscape. Techniques shall include, but are not limited to: 1. Revegetation and reforestation utilizing native or similar horticultural material, to be completed during the first planting season after construction; where vegetation is removed, it shall be replaced with vegetation of equal or greater foliage mass; 2. Removing and saving topsoil prior to any grading or excavating and replacement for revegetation; 3. Weed prevention, which may include reducing animal damage to vegetation cover and establishing the animal carrying capacity of the land, as determined by the United States Soil Conservation Service Soil Survey; and 4, Locating and installing utilities in a manner minimizing damage to the natural environment 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 visible from State Highway 82, Brush Creek Road, Capitol Creek Road, Snow mass Creek Road, and State Highway 133 adjacent to Redstone, with specific concerns for the areas Stillwater Planned Unit Development Subdivision/Conceptual PUD Application 18 =IIill1 ROCK CREEK STUDIO ~""""'--.III_"_~.",,-._-.... - ~ l. . ''''!''"r "('()j)' \\'",- \ \ "'- \ ", ~ 'i " , \ \ ~, \ , ," :~,.1~ \ ~" \ I, V "\ ..,\ \ '."',,\',,"\ , , i".;:"" '?,~.,., , ,f~" ",'1\1 ,~; , \ '. , , '\ ' \1 'II , ....-/ \;1: ',1 ";';'{ , , , I / , I I E1)GE ROAD PAVING I ._j?~; N 59,,00'48" W 21;.l ,,:' t ~i s :0 i ~. ~~ i~ . ~~.~ $ ~ m~ ~i ~ i ml <~ ! g ;~ i~i ~ . ~~ j~o ~ ~ _' N ..; " ;.: '" I / "1 } I i . ... o ~ . . U ~ j;~ '" E1 'l! . 0: " .' ~-"'I-- III = ~ tI':l .... CU ... - :S~ -= CJ) l!s ~ = r!l!:;ll: liIil:a ,'" CU \J " loo ~ ~ ~ f c OJ li ~ f ! ' ... ~ h~ ~ = ~ '5 ~ 00 ~ ~~~ ~~~ ~ ~ ~ o i ~~ "-J:::i ~ . ~~ ~~ ~~ ~~ ~5s ~~ ~VS I) l ~ - ~ !f~ ~ni!i ~Ui~1 dltl ~IlU" ~I!ldl '" !ila",~ U J~ (~ ). ~ ex: i: ~I-ex:(.) ~~rr~ ill (I) ex: z Q, 0 (.) I I jrJ "6~1 C'~ '1~i!1 ~r. 'ON ani ~.P'~"~PP.Jh'rl~ ~~\1\"~~?6\i'6~1\1 - - which constitute the visual entrance "image" and passage through Aspen and Pitkin County. .... The Scenic 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 viewed from public roadway corridors. The Scenic Overlay corridor is interpreted to insure that these developments are designed to complement the natural landscape and the natural features within the public viewplane 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 review to determine the conformance of the development with the evaluation criteria identified below. The Scenic Overlay maps include mapped ridgelines, scenic foreground areas and public viewplanes. - - Development shall be defined as any construction, vegetation or grading activity which changes the basic character or use of a parcel of land or which 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 Overlay maps. The mapped areas are identified as viewed from the following rights-of- way: - a. State Highway 82 b. Brush Creek Road c. Capitol Creek Road d. Snow mass Creek Road e. State Highway 133 adjacent to Redstone - C. Exemptions - - 1. The specific development 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 platted subdivisions approved by the Board of County Commissioners, which have designated building envelopes. 4. Metes and bounds parcels with designated building envelopes approved after January 1, 1988. This includes parcels which have 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 Subdivision/Conceptual PUD Application 19 - '" ,- ;...., -~ - .ROCK CREEK STUDIO - quality of the ridgeline or overlay area. In this case, the Planning Director may approve development with conditions upon a finding that: 1. Development cannot be seen from the designated corridors as defined in (B)(l) above; and/or 2. In the case of additions to or remodels of existing homes where visible development is thirty percent (30%) or less of the existing square footage of the structure and is found by the Director to have 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 ridge line. RESPONSE: The project does not meet the criteria for a Planning Director sign-off. E. Review criteria for development within the Scenic Overlay and Ridgeline mapping shall be as follows: I. 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 and coloring, non-reflectability and clustering of structures on the least visible 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 development's height and bulk has been designed to avoid, to the maximum extent possible, the visibility of buildings from the highway and public viewplanes. Stillwater Plalllled Ullit Developmellt 20 SubdivisiolliCollceptual PUD Applicatioll =111- iS1 ROCK CREEK 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 ridge line. - 5. Whether the proposed development 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)(l) above. - 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 designated Scenic 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 development has been landscaped in accordance with the adopted State Highway 82 Corridor landscape guidelines and has preserved natural vegetation, to the maximum extent possible, including avoidance of development within irrigated meadows. Existing vegetation shall be maintained to the maximum extent possible, while using existing vegetation to screen det'elopment. A landscaping plan shall be submitted by the applicant and appmved by the Planning and Zoning Commission. - - RESPONSE: The site is located approximately 500 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 Plalllled Ullit Development 21 SubdivisiolliCollceptual PUD Applicatioll ~: ~ROCK CREEK STUDIO - seen from public rights-of-way as identified in Section (B)(l). 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 moving shall generally not be acceptable as the sole measure of compliance with these regulations. However, they may be utilized in conjunction with other site techniques designed into the development plan. These methods may be acceptable when utilized as one of several methods to complement and enhance development, rather than as the single device for screening development from view 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 Down 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 in conflict with preservation of scenic areas, the Board acknowledges that 1041 issues take precedence over 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 subdivisions shall: A. Provide 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 receive 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.m. and 3:00 p.m. Stillwater Plalllled Ullit Developmellt SubdivisiolliConceptual PUD Application 22 =-m ROCK CREEK STUDIO - - - 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, Band 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 {or 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-five 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-five 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 Planlled Unit Developmellt SubdivisiolliCollceptual PUD Applicatioll 23 - ~ ~~ =11Im ROCK CREEK STUDIO - - - Applicability Encroachment or Channeling Drainage Erosion Groundwater Irrigated Areas Irrigation Ditches Sedimentation Water Quality Water Supply - Section 3 - WATER RESOURCES - 3-70 WATER RESOURCES ,... Subsections: ~ 3-70-010 3-70-020 3-70-030 3-70-040 3-70-050 3-70-060 3-70-070 3-70-080 3-70-090 3-70-100 - - - 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 Channeling 3-70.30 Drainage 3-70.40 Erosion 3-70.50 Groundwater 3-70.60 Irrigated Areas 3-70.70 Irrigation Ditches 3-70.80 Sedimentation 3-70.90 Water Quality 3-70.100 Water Supply (Prior code 9 3-701) 3-70-020 Encroachment or Channeling - - - - - Encroachment or channeling activities in a natural stream or wetland as defined by the U.S. Army Corps of Engineers are subject to the requirements of Section 404 of the Federal Clean Water Act, and Sections 3-80.40 and 3-80.80 of this Code. (Prior code 9 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. - - - 24 Stillwater Plallned Ullit Developmellt SubdivisiolliCollceptual PUD Application ,... =-... ROCK CREEK STUDIO I i/ 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, diversions and/or unplanned ponding or storm runoff; 2. The unimpeded flow 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 runoff from a proposed development and, where applicable, the runoff from areas adjacent and upstream; 5. Maintenance of drainage systems; and 6. Adequate provisions for storage, treatment and removal of pollutants which may result from development. B. Runoff Volumes: Runoff volumes and peaks within 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 9 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 vegetation and soil cover; C. Insure that all cuts and fills are adequately designed and vegetated to control erosion as well as stability of the entire mass; D. Include adequate provisions for protection of vegetation from fire. E. Insure that natural drainage patterns are preserved and protected from increased water flows which subject existing channels and adjacent areas to increased erosion; and 25 Stillwater PlalltJed Unit Development Subdivision/Collceptual PUD Applicatioll =II'" ROCK CREEK STUDIO - ,... - 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 acconunodate 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 vegetation and soil cover adjacent to rivers, streams, lakes and reservoirs. (Prior code 9 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 during periods of maximum water runoff. (Prior code 9 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 Plalllled Ullit Developmellt Subdivisioll/Conceptual PUD Applicatioll 26 - - ..... ROCK CREEK STUDIO RESPONSE: The existing ditch and headgate located at the northwestern corner ofthe site will not be disturbed. C. Insure the preservation of at least ninety-five percent (95%) of the acreage historically available for human food production, or hay, grain and other feed crops for livestock. (Prior code 9 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 irrigation 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 ofthe 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 Clllverted. 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 impacted by flood irrigation or seepage from irrigation ditches. (Prior code 9 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 associated with the project. 3-70-080 Sedimentation A. Contml 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. Revegetation: Revegetate clearing and grading as soon as possible. (Prior code 9 3-708) 27 Stillwater Plalllled Ullit Developmellt Subdivision/Conceptual PUD Applicatioll =II_ ROCK CREEK STUDIO ...,...,.... """...... WUwt,..*_ *'.""'II~ "J~"'_"""", "'" , ,'.> .. "',... \\ ) , .' -,,'r'" ',; )co. \j'\ , \ -" \ ':--........"., -.\.. \~... \ '.r:; \ ~,. ( -;1\.) \ ,~" ~ , , 1\11\ ,,~, "T i -,.. ~. ;' (' ..,' ,.-:/~~"~:/'!~-~:: ~,~ ~...lt .- , ~~ ~~~ ~~~ .~ ~ ! ~ ~ " \ c' 0 , t , I , I I \ ". 1,11 _J. oil , ! , / J' i \ \' I \' : ! ,.. .-( .~ ...........-. -'" ,f/' '" ""..;,-....../,. /--- ,i EDGE ROAD P"~G o I n_'''! ._'j1",~. Il ~9ttOO'4fl' W ]rd.!"" ~ U . '" ~ ~ . " ~ =, .~ b~ " i& if ~ I :! Hd - " " Ir! f';€.61 ?<; l~ i'J or"", an, ~ n ~,,'ft& .""A ~~ ~~ ~~ ~~ ~~ ~~ ~~ t1~ I . (j ii: ~ i ~ !:~ niSi ~J ~~ iflilj ~~u ~l!'~JJ If~ 1(11 . - B~ ~i ). ~ ~ J:: ~...a:g iii~lr~ a: ~ Q, 0 o - - - 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 water resources as represented in relevant portions of the Water Quality Management Plan for the Roaring Fork River Basin (Wright - McLaughlin Engineer's May, 1974), the 208 Water Management Plan and the State regulations. (Prior code 9 3-709) - - RESPONSE: The project has no impact on the above cited studies. 3-70-100 Water Supply - A. Adequate Water Provisions: Land uses shall meet the requirements for adequate provisions to meet water needs as established by the County Environmental Health Department. - B. New Water Rights: If a land use proposes to rely upon use of newly appropriated water rights or the change of existing water rights, adequate evidence of water rights availability, as based upon a Judgment and decree entered in an appropriate Water Court proceeding, shall be required. (Prior code 9 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 Plalllled Ullit Developmellt SubdivisiolliCollceptual PUD Application 28 - - =-... ROCK CREEK STUDIO 3-80-040 FLOODPLAIN HAZARD AREAS - - - Section 4 - ENVIRONMENTAL HAZARD AREAS - - In addition to the general development standards in 3- 80.30 and the Pitkin County Floodplain Regulations, the standards in this section apply to mapped floodplain hazard areas as depicted in the Federal 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 within an area which is twenty (20) horizontal or five (5) vertical feet (whichever land area is greater) from the existing high water line on any river, stream or material 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 otherwise potentially injurious to human, animal or plant life. - 2. The disposal of garbage or other solid waste materials. - 3. The human occupation of structures either fixed or mobile, permanent or temporary. 4. Substantial solid debris being carried downstream 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 within or outside of floodplain boundaries. 6. A substantial increase in sedimentation or erosion. - 7. The infiltration of floodwaters 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 ecosystems" 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. - 29 - Stillwater Plalllled Ullit Development Subdivisioll/Collceptual PUD Application .ROCK CREEK STUDIO B. The following uses shall be permitted in a floodplain area to the extent that they are not prohibited by any other regulation and they comply with the guidelines set forth in 3-80.40(A). 1. Agricultural uses such as general farming, grazing, truck farming, forestry, sod farming and wild crop harvesting. 2. Public and private recreational uses, such as parks, natural swimming areas, golf courses, driving ranges, picnic grounds, wildlife and nature preserves, game farms, shooting, preserves, target ranges, trap and skeet ranges, hunting, fishing, skiing and hiking areas if such uses do not cause concentration of people in areas 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 engineered to prevent blockage of drainage channels during peak water flows and their placement does not result in 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 development proposal is found to result in a site design that creates less impact than if the development was limited exclusively to slopes of less than fifteen percent (15%). In the event that a development proposal utilizes slopes in excess of fifteen percent (1 5%) or if a development site is comprised exclusively of slopes which exceed fifteen percent (15%), 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 weight to the top of the slope shall be avoided. d. Disturbed slopes must be contoured so that they can be revegetated. e. Steepening of existing slopes shall be avoided. 30 Stillwater Plalllled Ullit Developmellt SubdivisiolliCollceptual PUD Application =iii- ROCK CREEK 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 herein. - a. Exception for Minor Changes in Slope-Development may be permitted on lands that have a slope in excess of thirty percent (30%) when the slope is due to the presence of a minor natural or man-made change in the gradient of a continuous slope, provide 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 development will not cause greater instability or increase the potential for slope failure. - 2. Compliance with Other Regulations- The applicant demonstrates that development on slopes in excess of thirty percent (30%) does not increase visual, wildlife or wildfire impacts, or compromise or conflict 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 (30%), and/or the development proposed does not comply with the criteria of Section 3-80.50(C)(2)(a) as determined by the Community Development Director, and a development application is subsequently denied, an applicant may petition the Board of County Commissioners for consideration pursuant to Section 3-290 of this Code. If an appeal is granted by the Board and the development is permitted, an application shall be reviewed according to the criteria in section 3-80.50(C)(1). - - - RESPONSE: There is no development proposed on slopes thirty (30) percent or greater. 3-80-070 WILDFIRE 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. - 31 - Stillwater Plallned Ullit Developmellt SubdivisiolliConceptual PUD Applicatioll =ilia ROCK CREEK STUDIO 2. Areas that are not mapped but are identified by the Colorado State Forest Service and/or the Pitkin County Sheriff s Departments as areas containing "A - Low Hazard-Trees and Grass", "B -Medium Hazard: Trees" wildfire hazard. 3. 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 "A - Low Hazard: Trees and Grass", "B - Medium Hazard: Trees" wildfire hazard. 4. Note: In all cases mapping 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 - Severe Hazard: Brush:" wildfire hazard area is granted by the Board, then a development application shall be reviewed according to the following standards: C. Mitigation Standards 1. Location: a. The building envelope shall not be located in draws, canyons or on slopes greater than 30%. 2. Defensible space: a. The area around the structure shall incorporate landscaping with wildfire defensible space considerations as follows: NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions. 1) Brush, debris, and non-ornamental vegetation shall be removed within 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 vegetation 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. 32 Stillwater Plalllled Ullit Developmellt Subdivision/Collceptual PUD Applicatioll aIII- ROCK CREEK STUDIO I I J- J 1" . ! J J J .1 J J J J J I '" I I I ,Iii I',' Slope less than 30% Slope between 30% and 40" _ Slope greater than 400A> - - - 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 have a minimum of 1 0 feet between the edges of the crowns. This does not apply to mature stands of Aspen trees where the above recommendation for removal of ladder fuels have been complied with. In areas of aspen regeneration, the spacing guidelines shall be followed. - - 6) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. - 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 within the 100 foot perimeter shall be removed - 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, non-combustible (no wood shake/shingles) material with no flat roofs. b. Vents: - 1) Vents shall be screened with corrosive resistant wire 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 flammable debris. - c. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. - d. Weeds and grasses within the 1 0 foot perimeter shall be maintained to a height not more than 6 inches. 6. Miscellaneous: - - Stillwater Plalllled Ullit Developmellt SubdivisiolliCollceptual PUD Application 33 =IIf': ROCK CREEK 5iUDIO a. Firewood/wood piles 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 same 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 vegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive 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-combustible letters and shall be visible and installed on a non-combustible post. 7. Access: a. Access roads shall be built to County standards; however, these standards may be increased to mitigate wildfire 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 main artery / highway shall be incorporated in the project design. Looped routes of access / egress is defined as 2 or more dedicated access roads to the main artery/highway for widely separated ingress/egress; looped drives with one entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Board may approve vehicular turnaround areas a maximum of 750 feet apart installed between the road intersection and its terminus. Turnaround 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 cul-de-sacs) shall not be permitted. c. Cul-de-sac turn around pads shall have a minimum of a 30 foot driveable surface inside turning radius. 34 Stillwater Plalllled Unit Developmellt SubdivisiolliConceptual PUD Application =-r:: ROCK CREEK STUDIO " ~ ". '_ M _~'Ir' - ... - d. The driveways and access roadway shall enter the roadway at a ninety degree angle for the first 25 feet of the driveway. - e. Fuel breaks shall be incorporated into the roadways of the subdivision for 100 feet on each side of the roadway. (For greater slopes, reference CSFS Fuelbreak Guidelines For Forested Subdivisions). ,- NOTE: Actual vegetation manipulation to meet this condition may not be necessary where the natural vegetation patterns have 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 Service, 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 available 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 (such 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 Building 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 9 3-807) (Ord. 97-16, Amended, 04/23/1997) ... - RESPONSE: The property rated "low" as a wildfire hazard area. Therefore, no mitigation is required. Based on conversations with Aspen - Stillwater Plalllled Ullit Developmellt SubdivisiolliCollceptual PUD Applicatioll 35 =lilt.: ROCK CREEK STUDIO District Fire Marshal Ed VanWalraven during the subdivision process for Parcell, any buildings constructed within Parcell 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, Shore land and Wetland Areas: Development 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 alternative location and that any impacts will be adequately mitigated. In the event 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, Shore land or Wetland areas. 36 Stillwater Plalllled Unit Developmellt SJlbdivisioll/Collceptual PUD Applicatioll =II_ ROCK CREEK STUDIO - "'" - Section 5 - IMPROVEMENTS AND SERVICES - 3-110-010 General - This section of the Code establishes standards for the improvements and services listed in this section. - Logical Extension of Utilities Water Distribution Systems Water Supply Systems Sewage Treatment and Collection Public Utilities Roads Parking Trails Lighting Signs (Prior code 9 3-1 101) - - - 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 served by major utility lines. - B. Consistency with Land Use Polices, County Master Plans and Utility Service Plans: The Land Use Policies in Article 2, applicable County master plans and utility service plans, should be considered when reviewing utility 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 ['se Policies in Article 2 and the standards in this section. D. Suitability of Area: The area to be served shall be suitable for the type and amount of development necessary to support the service or is likely to result from the extension. - - E. One Time Installation: 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 full range of necessary services and utilities are offered rather than increasing the size or number of areas to which some necessary services and utilities are provided and others are not. - ,... - Stillwater Plallned Unit Development SubdivisiolliCollceptual PUD Application _.~'" 37 =8ROCK CREEK SiUDIO G. Avoid System Overloads: The volume, nature and timing or the use of an extension shall not result in overloads on other components of the same system. H. State and County Standards: Extensions shall meet applicable State and Pitkin County engineering standards. 1. Colorado Public Utility Commission Approval: If applicable, the Colorado Public Utility Commission shall approve extensions prior to installation. (Prior code 9 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 with the applicable procedures and specifications of the State and Local Health Departments and the fire district serving the area. (Prior code 9 3-1103) RESPONSE: The proposed water distribution system is consistent with all applicable State and Local Health Department standards. Fire District reconunendations 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 water supply systems. B. New water supply systems shall demonstrate to the satisfaction of the Board of County Commissioners: 1 . That there is no existing public or private 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 serve the proposed use; or an adequate legal commitment made by public or private water owners to supply the p1'Oposed use with water of adequate quantity, quality, dependability and pressure; Stillwater Plalllled Ullit Developmellt 38 =IIiSl ROCK Subdivisioll/Conceptual PUD Applicatioll CREEK STUDIO __'I/'''_J/l/JJI_''I/_~''____",,_ _ \ \ \ \. \ -''\,,:: . ,. ,/ -----. ....:, ',,", '\ /,./ / ",,~ " /rt-:'.'.~. / / I I ! 81!" . ili y I lis \ I \1 .t r 1\ ~ l\~ ' I ~ Q . . ''-, '-<.." · i~ ..... I Iln r il !/; ,1 /,; I , Ii! ('/( ;!" '~, I \\,,'/ I " . 'r-"-"'_",_",_", __ , I! \ ',;t,:~ J;i' ~ ~ ~.T '~'" <. /, " -:?' " / , / ,Iii (i sBis \ , -9r \ lr J II !f " 11 ' I w , ~ ~ (:, i' ~ I -' , ~'~ \ . II ~ \ ~ !\ )1 ;: ~_// I ' ..,,:::::=:;:::;;;o..~:::-~-"-'-~::-':-:-- i ,...-... @ (;': @ (~) , @ (,~ I 7 ( ",,-- @ ./ mG:l=" ROAD PA~G "' m m ~"- ~s ~~ i;j <:l ~ " "g !Q r~ tj ~~ . ~~ ~~ ~t . ~'" ~QI ~ ~ ~~ ii ~ n~ JI~ ~ '" ~~ g ~ ~" N " ~ . u '" " if < . 0: " fi ROADWAY m fi ~ ~ m- m m fi ~1 <' < ~'/i l;~ffi O~ ~~a I~m~ I !iii fMJ ....--,- OQ = .. ~ .S 5: :at> i>'l .... ~5 ~ ~~ ~ l!l~31 ~ I " . ~ !'< ~ i ~ ~ '" ~ ; j h l ~,~ E::~ ~s ~s ~ . ~ I ~ ~'::l ""'::::; ~ . ~~ ~~ ~~ ~~ ~~ ~~ tI)tI) "--- ~ - ; !i ~ud ~~~~~I Ula' ~i'8iu .,~:j~JJ U j~ (~ . t~ ~j ~ ~ r= < (.) ~"'Ir;:) :i~li?~ iil ~ Ir 0 a. (.) - - .... 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 use without material injury to vested 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 serve the proposed use; and - 5. Commitments of financial resources necessary 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 development shall connect to a public sewage disposal system if located within a public system's service area and service is available. - 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 with the sewage disposal guidelines of Pitkin County Code Title X. (Prior code 9 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 - A. Applicability: The standards in this section are applicable to the installation of all public utilities. - ,... Stillwater Plalllled Ullit Developmellt SubdivisiolliCollceptual PUD Applicatioll 39 ~ " . --, . ,;, ,'" :: :IiIROCK CREEK STUDIO B. Utility Company Service Commitments: Prior to final plat approval by the Board of County Commissioners a developer must provide written commitments from: 1. A. public or private utility company to provide power, telephone, fire protection facilities and gas, if available as may be needed to serve a development. 2. Each of the utilities serving a development demonstrating necessary arrangements have been made for installation of utilities. C. Undergrounding: Underground all utility lines, services and street lighting except for those exempted in this section. 1. Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts, and other facilities necessarily appurtenant to such underground and street lighting facilities may be placed above ground within the utility easement provided, or within a street or other public place as appropriate. 2. Temporary utility facilities may be installed above ground during construction of a development 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. A.pplicability: The road standards in this section are applicable to all roads and driveways. All new road and driveway construction must receive a development permit from the County Engineer and Planning Director in compliance with 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 driveways shall be designed and constructed in compliance with the Pitkin County Road Standards and Specifications and Pitkin County Road Management Plan. D. Subdivision Access: The Board shall review all access points to sub-divisions and approve access. All subdivision access points and road designs must comply with the standards in Section 3-11 O. 70(C) above. 40 Stillwater Plalllled Ullit Developmellt SubdivisiolliCollceptual PUD Application .ROCK CREEK STUDIO ,... - - E. Completion of Road Improvements: Required County highway, road, street and private street improvements must be completed within the time limits set forth in the development approval. - F. Development proposals which generate traffic volumes in excess of existing road capacities are prohibited unless a road improvement plan is approved by the County. Any development proposal which is 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 improvements may also be proposed to provide for public or private transit solutions to increased traffic volumes. 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 traffic impacts. ,... - - ,... G. Any road improvements that a development 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 9 3- 11 07) ,... ,... RESPONSE: The existing Stillwater Road is: twenty (20) feet or wider, six (6) percent grade or less and paved. Under the criteria of the Pitkin 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 in this section are applicable to all development, off-street parking lots and areas. - B. Design Standards: All off-street parking spaces shall conform to the following 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 have vehicular access to a street or alley, and be located on the same lot as the principal use, unless otherwise provided on a approved development plan. - 3. Parking lots for businesses, commercial, or multi-family developments shall be suitably screened and concealed from the arterial highways, major roads, or collector streets by landforms and/or landscaping. ,... ,... Stillwater Plalllled Ullit Developmellt SubdivisiolliCollceptual PUD Application 41 . - -' ~ . --~.. ::::liROCK CREEK STUDIO C. Quantity of Off-Street Parking: The minimum quantity of offstreet 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 9 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 dwelling unit. 3. Employee Dwelling: Two (2) parking spaces are required for an employee dwelling unit. 4. Mobile Homes: Two (2) parking spaces per mobile home must be provided either on the lot or within the mobile home park. 5. Special Review Uses and Dwellings with More than Five (6) Bedrooms: Parking standard to be determined by Special Review. 6. Multi-Family, including Lodges and Dormitories: One (1) parking space per bedroom shall be provided. A reduced standard may be permitted by Special Review. A Special Review application to reduce the number of required parking spaces shall take into account pedestrian access, availability of public and private mass transportation to the site, commercial vehicle needs, historic and projected automobile use 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 land use review process pursuant to the standards in this section, the Procedures in Section 4-50 and the Submission Contents in Section 5-50. 7. 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 Review application to reduce the number of required parking spaces shall take into account pedestrian access, availability of public and private mass transportation to the site, commercial vehicle needs, historic and projected automobile 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 during the land use review process pursuant to the standards in this section, the Procedures in Section 4-50 and the Submission Contents in 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 1 space per bedroom or 2 spaces per dwelling unit, which ever 42 Stillwater Plalllled Ullit Developmellt SJlbdivisiolliConceptual PUD Applicatioll ~.ROCK CREEK S"'UDIO * ,e# : ~ . _.:~ - - - 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 with County Plans: All trail rights-of-way 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 Pitkin County Trails Plan (1991), and other adopted plans or standards as applicable. ~ - C. Completion of Trails Improvements: Required County trails improvements must be completed within eighteen (18) months after issuance of a building permit 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 t'isible fT'Om adjoining properties or public rights- of-way. .... - RESPONSE: The covenants contain the following language regarding exterior lighting, which the applicant has integrated into the project: - Stillwater Plallned Ullit Developmellt SubdivisiolliCollceptual PUD Application 43 - - -'~.., =IIIfS1 ROCK CREEK STUDIO (ii) Exterior Lighting Reauirements. 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. 44 Stillwater Planlled Ullit Developmellt Subdivisioll/Collceptual PUD Application =II1r.n ROCK CREEK STUDIO - - - Section 6 - IMPACTS ON TAXES AND MANAGEMENT OF NECESSARY SERVICES - - Sub Sections: 3-120-010 Applicability 3-120-020 Development Phasing 3-120-030 Road Construction, Improvement or 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 all subdivision applications. (Prior code 9 3-1201) - .... 3-120-020 Development Phasing The indicated staging of development will not generate service or facility demands in advance of the fiscal and physical ability of the County or districts to provide within their budgets. (Prior code 9 3-1202) - - RESPONSE: All road construction costs will be borne by the applicant. - 3-120-030 Road Construction, Improvement or Maintenance Costs Any special road construction, improvement or maintenance cost assignable to the proposal and to be borne by the County at large can be met within both short- term and long-term County budgets without tax increases which might otherwise be unnecessary. (Prior code 93-1203) - - RESPONSE: All road construction costs will be borne by the applicant. .... 3-120-040 County Acceptance of Utilities or Facilities Any utility or facility to be provided by the developer for acceptance and future operation and/or maintenance by the County or any district within the County, 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 9 3- 1204) - - - ,... Stillwater Plallned Ullit Developmellt SubdivisiolliCollceptual PUD Applicatioll -~- .;..-'~", . . 45 .... ROCK CREEK STUDIO 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 provided to the area without the need for additional public expenditures for service expansions. (Prior code 9 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 removal and public transportation shall be mitigated by a developer. (Prior code 9 3-1206) RESPONSE: A Construction Management Plan is included within the application as Appendix G. 46 =-"" ROCK CREEK S-rUDIO Stillwater Plalllled Unit Development SubdivisiolliConceptual PUD Applicatioll - - ,... Section 7 - DEVELOPMENT EXACTIONS - 3-130.40 3-130.60 3-130.70 Parks/Recreation/Open Space Road System Dedications Trails (Prior code 9 3-1301) 3-130-010 General ,... This section of the Code establishes standards for development Exactions listed in this section. - - 3-130-040 ParkslRecreatiolliOpen Space - A. Applicability: The parks/recreation/open space development Exactions are applicable to new residential subdivisions. - B. Intent: Pitkin County established a Parks/ Recreation/Open Space program to insure an ample supply of parks/recreation/open space to satisfy the needs 0/ 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 new residentiaZdevelopment; - 2. An adequate supply of open space to preserve and enhance the rural character of the County as a critical asset contributing to a high quality o/life for residents and visitors; - 3. Preservation of open space in certain areas to protect wildlife habitat, ranching, public lands and scenic road corridors; - - 4. Parks and recreation facilities and open space are dedicated on a schedule to coincide with the demand for such facilities and land generated by neu' residential development; - 5. Land dedicated for parks/recreation/open space will remain committed to such 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: ParksIRecreationlOpen 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 Plalllled Ullit Developmellt SubdivisiolliCollceptual PUD Application 47 - -- , .~ t~ ;.... -~ =-ROCK CREEK STUOIO 1. Standards: Prior to the recordation of final plat, a developer subdividing 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 every one thousand (1, 000) residents of a proposed subdivision (that is, the number of residents multiplied by one hundred and five ten thousandths [0.0105J of an acre per resident). The number of residents attributable to a subdivision is calculated according to the schedule in Figure 3-7 (applicable to single family, duplexes and multi-family structures). Mixed Use Developments - In the case of mixed residential, commercial, industrial or other uses, the required dedication is determined based upon the minimum 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-in-Lieu of Land Dedication: At the election of the Board of County Commissioners, an applicant may satisfy his or her land dedication requirement by Tnaking a cash payment to the County for an amount equal to the current market 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 is calculated by multiplying the square footage of the area of land to be dedicated by the current market value per square foot of the land to be subdivided. 2. Calculating Land Value: Land value shall be market value at the time of the cash-in-lieu payment including site improvements such 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 mutually agreed upon recognized means, provided, however, assessed caluation shall not be relied upon as the basis of current market value. In the event, a developer and the County fail to agree on market value, such value shall be established by a qualified real estate appraiser acceptable to both parties. The developer 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 building permits 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 evaluating a request for a cash in lieu payment: 48 Stillwater Plalllled Unit Developmellt Subdivisioll/Collceptual PUD Application =-;s1 ROCK CREEK STUDIO - - ,... 1. Whether the development itself requires on-site parks/recreation/open space land on site; and ,... 2. Whether the County has identified the applicant's proposed development site as being appropriate for parks/recreation/open space land. (Prior code 9 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 TVDe of DwellinE! Unit Per DwellinE! 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! I 50 square feet of net livable 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 new residential and commercial subdivisions and tourist accommodation developments. Subdivision exemptions approved pursuant to Sections 3-190.20, 3-190.30 and 3- 190.80 are exempt from the requirements of this section. - B. Intent: Pitkin County established a trails program to satisfy trails needs of residents and visitors. The program is intended to provide: - 1 . Trails for diversified segments of the population including: nordic skiers, mountain bike riders, road bike riders. hikers. horse back riders, fisherman, hunters, senior and handicapped citizens; - 2. Recreational trails, commuting trails and dual purpose trails for recreation and commuting; and - - Stillwater Plalllled Ullit Development SubdivisiolliCollceptual PUD Applicatioll 49 ," -- ~~ :=I '.ROCK CREEK STUDIO ~<1'. Multiple access points to the United States Forest Service trails system and - public lands. --------- C. Trails Standards: Pitkin County trails standards are based upon consideration of the Aspen Area Community Plan: ParkslRecreation/Open Space! Trails Element, Pitkin County Down Valley Comprehensive Plan, Roaring Fork East Master Plan, State Highway 82 Corridor Master Plan and Pitkin Count)' Trails Plan. 1 . Standards a. Whenever a tract to be subdivided includes any part of a trail or trails designated on the Pitkin Trail System or historically used trails, the developer shall plat and grant public easements consistent with County Trail standards and specifications and in a location acceptable to the Board of County Commissioners. b. Whenever a tract of land is traversed by or abuts a river or creek, the developer shall plat and grant a public fishing easement to include the stream and the land area five feet (5') beyond the high water mark on the stream bank. (Prior code 9 3-1305) (Ord. 98-06, Amended, 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. Applicability. School land dedication standards shall be assessed upon all new subdivisions containing residential units within 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. 50 Stillwater Plalllled Ullit Development SubdivisiolliCollceptual PUD Applicatioll =8ROCK CREEK STUDIO , ,- - ~ ~~ -,,- ---.""~ ' ... ... ,... A. Promoting flexibility in the type, design, and siting of structures to preserve and take advantage of a sites unique, natural resources and scenic features and to avoid or mitigate any hazardous areas; ... Section 8 - PLANNED UNIT DEVELOPMENTS ... 3-170-020 Intent ... Planned Unit Development (PUD) is a subdivision procedure permitting variation of dimensional and parking standards to promote compliance with Pitkin County's Land Use Policies. Specific purposes are: - ... 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 variety in the type, design and siting of buildings. (Prior code 9 3-1602) - 3-170-030 General Standards ... All Planned Unit Deuelopments (PUD) shall comply with the following general standards: - A. Ownership: Land proposed for Planned Unit Development (PUD) must be in one ownership, hou'ever the owners of contiguous parcels under separate ownership 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 0/ the Planning Commission, to insure compatibility among multiple land uses in a Planned Unit Development. - C. Phasing: A Planned Unit Development (PUD) shall insure: - 1. Each phase is self-sufficient and not dependent upon later phases; Stillwater Plalllled Unit Developmellt SubdivisiolliCollceptual PUD Application 51 - ~ : '" -". , ... tal ROCK CREEK STUDIO ,2. The failure to develop subsequent phases will not have any adverse s on the Planned Unit Development (PU D), its surroundings or the community in general; and 3. Amenities such as open space and recreational areas are provided 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 if possible enhance unique site features; and 3. Include provisions for maintenance of common open space and recreational facilities to be described in the improvements agreement (Refer to Section 3-180). RESPONSE: The original Stillwater Ranch SubdivisionlPUD 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. 52 Stillwater Plallned Unit Development SubdivisiolliCollceptual PUD Application : _ROCK CREEK STUDIO - - - E. Maximum Density: A Planned Unit Development (PUD) is not entitled automatically to the maximum density allowed in the zone district in which the land is located. Density shall be established based upon: - 1. Analysis of environmental 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 9 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 varying 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 provided the overall density of the development does not exceed the maximum allowable density permitted for the property and the development remains consistent with the intent of Planned Unit Development (PUD) (refer to Section 3-170.20): - ,... 1. Minimum lot area per dwelling unit: ,... 2. Minimum front, side and rear yard setbacks., Stillwater Plalllled Ullit Developmellt SubdivisiolliCollceptual PUD Application 53 - . .- --. , :~.ROCK CREEK STUDIO 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. if: 1. A. Planned Unit Development (PUD) plan contains areas allocated for common usable open space;, 2. If such reduction is consistent with the intent of Planned Unit Development (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, undivided interest in all common open space is deeded in perpetuity to each lot or unit owner within the Planned Unit Development (PUD); which deed shall contain reasons against future residential, commercial and industrial development. 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 of the following criteria: 1. The estimated number of cars owned by future occupants of dwellings in a Planned 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 private transit. (Ord. 95-3 (part), 1995: prior code 9 3-1604) 54 Stillwater Plalllled Unit Developmellt Subdivisioll/Collceptual PUD Applicatioll =iIIts'l ROCK CREEK STUDIO - ... ... 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 Subdivision review. ... 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 the indiscri minate clearing of property, excessive grading and the destruction of trees and shrubbery. ,... C. Standards: The Board of County Commissioners may require changes to architectural plans to: ... 1. Reduce the adverse visual impacts of buildings which because of size, scale, color, or location are out of harmony with the neighborhood in which they are to be constructed; ... 2. Minimize disturbances to the natural terrain: ... 3. Promote advantageous solar orientation and energy conserving design. (Ord. 95-3 (part), 1995: prior code 9 3-1605) ... Stillwater Planned Ullit Developmellt SubdivisiolliCollceptual PUD Application 55 =llta1 ROCK CREEK SiUDIO - RESPONSE: Lot 1 of the Stillwater Ranch SubdivisionlPUD is subject to the architectural controls contained within the protective covenants of the subdivision dated December 30, 1994,1 These controls are sununarized below: (i) Architectural Reauirements. "No shining or reflective roofs or other surfaces or materials 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- 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 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. 3-170-060 Landscaping Review .4. Applicability: The Board may require an applicant for a Planned Unit Development (PUD) to submit landscaping plans at Detailed Subdivision review. B. Standards: Landscaping plans shall provide an ample quantity and variety of ornamental plant species which are native or regarded as suitable for the local climate. (Ord. 95-3 (part), 1995: prior code 9 3-1606) RESPONSE: The applicant has submitted a Conceptual Landscape Plan (Exhibit 2) with the application. I Book 70. Paf?;e 796. Reception #377682. Pitkin County Clerk and Recorder. Stillwater Plall1Jed Unit Developmellt SubdMsioll/Collceptual PUD Applicatioll 56 =IIIr.n ROCK CREEK S"'UDIO Rezoning may be initiated by the County or private citizens and approved by Pitkin County subject to compliance with standards in this section. Privately initiated applications must be submitted in conjunction with a conceptual subdivision application. Refer to Sections 4-60.20 and 4-60.80 for procedures and Section 5-1 1 0 for submission contents. ... - Section 9 - REZONING ... - In order to accommodate this proposal it is necessary to rezone the subject property from AFR2/PD to AH2/PUD. Responses to relevant portions of the Code are addressed below. ... Section 3-220.20 includes the following provisions: ... ... - 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 County master plans: ... RESPONSE: See earlier response to Article 2 - Land Use Policies. ... 3. Be compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics; RESPONSE: Adjacent land uses are residential in nature and include a nearby multi-family project named Shadow wood. 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 such pr,blic facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical 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 environment: Stillwater Plalllled Ullit Developmellt Subdivision/Conceptual PUD Application ... ,... 57 =II_ ~ ROCK CREE.K STUDIO 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 interest; RESPONSE: This project is consistent with the public interest relative to the need for affordable housing as expressed in the Aspen Area Conununity Plan. B. The Board shall consider: 1. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment; 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 9 3-2102) (Ord. 98-06. Amended, 02/11/ 1998) RESPONSE: See response to Article 2 - Land Use Policies. Stillwater Plallned Ullit Developmellt SubdivisiolliCollceptual PUD Applicatioll 58 =III",. ROCK CREEK 5TUDIO - - - - - - - . - - -. - - - . -, I - - - . . t I Sh water Ranc Subdivision/PUD Conceptual Submission Affordabie Housing Project t .. ROCK. REEK STUDIO j . :l6Notlltfool1hStrwt ""!x>ndaIo.Cokndo8IBZ3 v970.9G3.1~71 !970,fjf;'.16Z2 ....,.".~'''m .., - - - - - - - - - - - - - - - - - - ,... 'HUG 02 '99 10:36AM HSPEN HOUSING ore P.3 ,.:-M. PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff (920..5093) DATE: October 5, 1998 PROJECT: Stillwater Subdivision!PUD Conceptual Submission, Rezoning, Plat Amendment, GMQS Elremption, 1041 Hazard Review & Special Review LOCATION: Lot I, Stillwater Ranch Subdivision REPRESENTATIVE: Bob Nevins & Lee Novak ,Phone/Fax: 920-5102 OWNER: AspenlPitkin County Housing Authority Type of Application: SubdivisionIPUD Conceptual Submission, Rezoning, Plat Amendment, GMQS Exemption, 1041 Hazard Review & Special Review Description ofProjectlDevelopment: Applicants propose to rezone the approximately 4.2 acre lot to AH2IPUD and to subdivide to accommodate 20-25 category deed-restricted, 3-bedroom units. The iot is subject to the conditions of Resolution Nos. PZ-94-1S, 94-156 and 94-233. Land Use Code Standards: Articie 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 Resouroes Section 3-80, 1041 Hazard Review _ . 100 yeadloodplain . Slopes? Dev~lopment is prohibited on slopes in excess of30%. . Mapped low wildfire hazard' . Riparian &, Wetland areas? . No mapped wildlife Section 3-110, Improvements &, Services: provision of water, sewer and utilities, parking, trails & lighting Section 3-120, Impacts on Taxes & Management of Necessary Services Section 3-130, Development Exactions . Parks/RecreationlOpen Space . TrailsIFishing Easement . School Land Dedication Section 3-150.100, GMQS Elremption for, Dwelling Units Constructed in the AH, 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 (2 step Conceptual Submission and a I step Final Plat review by BOCC). Sections 5-20, 5-110 and 5-160, Submission Requirements, tj.lo Conceptual Submission Review by: P&'Z and BOCC (2 readings) Public Hearing? YES, at first reading before BOCt. A public notice sign shall be posted on the property at least 1 ,..-.,days 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 ASPEN HOUSING OFC P.4 Planning Deposit: $2,220 (additional hours are billed at a rate of $1 85/hour) -~ferral Agency Fees: $320 (Engineet) + $320 (Environmental Health) + $320 (Housing) + $600 (Cletk) fOTAL DEPOSIT: $3,780 To apply, submit.z.5 caples of the following Information, unless noted otherwise: I. Summary tetter explaining the request and addressing all 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 of all adjacent property owners (I copy), and an addressed envelope for each owner, with the return address of the Community' Development Department 10. Copy of this preapp form (I copy) ,- -, I - j . -, - .'- ..." '. I~ . . u",; . -, " L , I . Ii " I - I i I i r n , , (l - " -, . -. '- . StH water anc Subdivision/ PUD Conceptual Submission Affordable Housing Project .... ROCK CREEK 5iUDIO 3llNorthfourlnstreel ~,C<>lorl<do81623 "'70,003.1971 f970.9G..'1.16t2 www.<llal<""", - - Housing Offh:e 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 AspenJPltkin 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 this project, since It is a.lOO perCent affordable housing project. I I - - - 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, ASPENIPITKIN COUNTY HOUSING AUTHORITY - ~~. - Mary Roberts, Executive Director - - - . . 2'd )jO ~NIsnOH N3dS~ WdE2:E0 66, 9t ^ON . .- .-' - , I - , I .. I .- - t - I '"", . - - - r f' f' .. - - ~ ~ - - . Sti water anc SubdivisionjPUD Conceptual Submission Affordable Housing Project - , , ... ROCK CREEK STUDIO I I :lllN<>rthFcunhSlU<t C.rtJondde,~&162] 'f!l70.!I63.1971 ftI1O.!l6~.lGZZ ..........olak.com 1 - - - .. - - ,... - - - .... - - - - - - - - - ~77&8& B-77m ~-S2a la/3m/~4 04.11P PG 1 OF S SI~VIR ORVIS PITKIN COUNTV C~ERK & RECORDER !lEe a_0e DOC IUUa,C;"Y1I.1llID s~B nll:m J.JI'D 1aRJI~ U:I:S Ill!:lIZl AJl'D ~Ca:llllllD'1', laade andlJnt.ered int.o thi:l 30th day of December, 1994, cy anel. loet'll/een I'UllDD1l1 .,lRaIl:Z:O'1' (~c~tor"), and ftS 801lUl ar cotlll'n cOXlUsnQllllll8 ar l':I:'l!J::t1I co-gftY, COLoaAllO ("Grantee"), . l[ 1 ! 11 ! ! 1 ~ 1: WllsaDB, c1i'antor is the record 0'll/n8r of Lot 1, stil.lwater aanch S\1l)Q.ivision/PUD, aecordinq to the !'in~/Pl.at thereof rec:oo:-ded tlec:oelll:ler~ I 1994i1\ Plat BOOX _1{ at 1'age',4 of the rElal property l:'ecol:ds of pitkin County, colora 0 ("Lot 1"11); and IBEKIIAB, Grantor and her husband desire that said Lot 1 be solei. as a sin9le 1:uily resiel.ential site and the proc....ds the:efr01ll used for employee housinq for employees in pitxin county, or that in lieu thereof said Lot. 1 b" developed and used fOl: 8lIlPloyee houain9 tor e=ployeBS in pitx1n county; and lIllllllllA8, Grantee is the geverninct body of Colorado, and has as one of its pl:incipal acquisition, develo~ent, deed restl:iction and/or employee housinq thrcuqhout pitkin County; and pitxin county, oloj ect.i n.1I the preservation. of WllZllIlA8, Gl:'antor desires to convey Lot 1 to pUl:poses, and Grantee desires to accept sucn Gl:antor, subjec:1: to the tens, covenants, restrictions hereinafter SlOt. forth. Grantee fcr oonve1ance oond1tions such frOlll and BOW, 'l'KERI70a3, for and in eonsideration of the pl:emises and for other ,"ood and valuable consideraticns, the receipt and sufficienoy of Which are hereby acxncwledg-ed, Grantor and Grantee herecy rellpec:otively convey, covenant and aqree as followS:. 1. t!~!l9."II!lB.e. of Lot .1.. Granter hereby oonVe.ys to Grantee, for ehe uses descriced celow, Lot 1 of the stillwater Ranch SUbdivision/PUD, with all its applll:tenanees, toqethlU' with a pen>etual, non-exclusive easement and riqht-of-way over, alonq and within the 40-foot wide and the 30-foot. wide ac:o..ess and utility easements that are shown and desc:oribed on the Final Plat of Stillwater Ranch SUbdivision/PUD, for purposes of access, inql:'ess and e",ress to ~ot 1 and the installatien of underqrcunc\ utilities servinq Lot 1, subject tc the following: perlOlanent covenants and restric:1:ions: (al Lot 1 shall be "sed aither for a sing-le-familY residence with a$lledated outbuild.inqs and an affordable - E'd JjO ~ISnOH N3dS~ WdE2:E0 66, 91 ^ON :377696 8-77; ~-929 12/30/94 04117~ ~G 2 OF I> housinc;r unlt, or in liel1 t.llI.reof for the developlllent of employee houslnc;r for employees in pitkin county, and for no other I1ses or purposes whatso..ver. (~) Zn the event Lot 1 is sold by Grantee for use as a single-family residence, the proceeds from such sale shall be used by Grantee for the acquisition, e1evelop1llent, e1eed restriction anel/or preservation of employee housing for employeell il> Pitkin County, anel tOl' no other purposes Whatsoever. (c) Grant.or reserve.. to herself anel to her hl1sbanel Frecb:ic A. Benedict (and followinq their deat.hs to their children Nicolas Benedict anel Jessie Benedict-~orclon, or the survivor of thelll), t.he riqht to review ancl. c::==ent. I1pon in 1I%'i til>l1, prior to the issuance of any llui lclinq perllli ts, the type, density, locat.lon and design Of all employee housing ilaprovements and landscapin'i that Grantee (or the city of Aspen, upon annexation) may propose froll time to time for or in connection with ~ot 1, with the understanding that Grante.. (or the City of Aspen, upon annexation) will have the final authority On such matters. (e1) Grantee, for itself and its SUCC8SS01'S and assigns, expressly assumes and agrees to perform all ob11;atlons and responsillilities as..ociated with the ownership, development, use and occupancy of, Lot 1, ss set forth in the Prot"ctive Covenants for st.illwater Ranch SUbdivision/POD recorded in Book 11rL at Page~, th.. Access Road Maintenance AcJreement recoraid in Book 733 at PS'i" 504, and in all other applica~le instrum..nts of record. 2:. ~T'a'ft:~I!!IB ~ce.'D1:aDc8w Grantee aaz:oeby accepts Lot 1 and the l'elateel easements in an "as is" condition, SUbject to the Illatters described in Paraqraph 1 above, ana sll1lject to all patent or lat..nt conditions or prolllems of any kind or nature, and further su~ject to all titl.. matters of rec~ol or otherwise, specifically incluainq without limitation: (a) All matters contained on the F1rst Amended Plat of the'Stillwater Ranch Parcels recoraed in Plat Book 33 at paqe 34. (loJ Easelllant Gl'ant and Aqreelllent recoraed in Book .91 at pac;r.. 622. (c:) Eaa......n1: l.'iqht$ described 1n instru:llents recorded in Book 275 at l'age 222, Book 700 at page 184, and Book 718 at Paqe 230. 2 17'd J..:IO ~NISnOH N3dSl; Wd172:E0 66, 9, ^ON ,... - - - ,... ,... ,... - - .... - - ,... - - - - - - 377686 S-770 P-830 12/30/9~ 04.17P PG 3 OF 5 (d) at Page recorded Gas pipeline l!as..,."nt Ar;Jreement re<::orcl&cl in Book 54S 285 lind GU Pipeline 2asellent A'1l'ee..ent (NO. .2) in BOOk 548 at Page 2'0. (e) Grant of Ea......ent.. Aqreelllent recorded in Book 552 at 1'a'1e 487 and QUitclaim of s'lch easements to the city of Aspen recorded in Book 555 a~ paqe 355. (f) Trail hsement Aqre_..nt (stillwater Road) recorcled in BOOk 153 at paqe '35. (9) AccssS Road Kaintenanos Aqreexent rscorcled in Book 733 lit I'liqe 504, as a...nded l:ly the protsc:tive covenants recorded in sook 11P Ilt ?age 21/.. (II) oevelopent Restrictions recorded in Book 745 at paqe 826. (i) Page'i1i. . (j) n'1h1::o of piZ Resolution NO. 94.~'l.'eCOrded in Book7tf at Tile liellie Bird oitcll, pipeline and llead'1ate and all tllird parties associated therewith. BOCC Resolution No. '4-~J1 recorded in sook~ at (k) paqe Ul... (1) All lIatters contained on the Final plat of Stil1w~)er Ranch Sul:ldivision/POO recorded in Plat Book j/j-.at Pag'e LJs.. ,..,~ (Ill) su~ivision IllIprovements Agreement rec:orclecl in Book 1~ at Paq,eJ2.l. (n) protective Covenants for stillwater Ranch Subdivillion/PllD recorcled in Book VO at 1''''ge 1Jt.. (0) Fishenan's ZaSelll8nt Agreement "ecorded in Beok ~ at 1'aq8 .Elf. . (p) Water Service Aqreelllent between the City of Aspen and Grantor recorded in Bock 't:1J!. at page 'J2L. 3. BcmBCVfterS' A~~o~iA~ioa~ In aQcordance with the provisions of paragraph 3 (0) of the protectiVll covenants for stillwater Ranch SuWivision/P\lt), on or before March 1, 1995, Grantor is ol:lli"..ted to fOl'lll a HOlII..owners' Assoc:iation to own, qcvern ..n4 ..aintain the Open Space Parcel depictad on the rinal Plat of 5tilllolat..r Rancll subcUvision/PllD. Tile lIlelllllers cf the Association will be the owners of the six (6) Lots in stilllolater Ranch SuI:ldivision, and the Assoc:iation will have the power to levy and collect qene"al and special aseeas....nts on such 1II...u.ers fer 3 S'd JjQ ~NISnOH N3dS~ Wdv2:E0 66, 91 ^ON 3?7EoSE. &-770 P-S31 12/30/94 04'17P P~ 4 OF' 6 purposes of paying- the costs and expenses of owning, improving, lIIaintaining, cuinq for and operating- the Open Spaoe ]1aroe1. Grantee hereDY expressly consenu to and approves the foaation of said Haaeowners' A$soc1ation, oonsents to beinq a lIIember thereof, and ag-rees to exeoute any and all doouments tb.at may be reqUll-ed in connection with the fo~ation thereof. 4. Elu!ore__t. In the event Grantee defaults in th" perfo~anoe of any of Grantee's covenants or ag-r"Bments contained herein or violate", MY of th.. reetrictions set forth herein, Granter and her heirs, successors and assigns shall have the riqht to ~=e such covenants or rsstrigtiol\s by an action for injunctive and declaratory relief, or for damaqes, or Doth. 5. .a.t.-t::e'Pft8"9's' ..88. In the evet1-e ~e iftt:upzoet.a'ticn CZ' en:forcelllent of tb.is Deee! and Aq:eement shcule! ever beoolle the sUb~ect of litig-atiol\ between Grantor (or her heirs, successors or ass1qns) and Grantee, the prRv"il1nq party shilU be entitled to an award of its reasonable costs and att"l:7u,ys' f....s in=red in connection therewith. 6. B11\41",,,, I!ffeot. This Deed and Agreement shalll:le I:lindinq upon and inure to the benefit of the plU:1:ies hereto and their respective b.eirs, personal representativ"s, sucoessors and assigns rorever, and ths Dure!ens hereof shall ,:un with tho titl.. to Lot 1, XWWZT.ZSS wK!RZOr, the parties have hereunto set their hands and seals as of the day and year first above written. Grantor: ~./'-~.....,,/ ii.M,j.,j!- Fa ~enne Bened1ct Grant..... Till aOAlll) or COV.TY COlllUllUOIlERIl 0'1 nz:. C I COLORl\DO By: ~ iLLA \11'- 't:ha1rman 4 9'd JjO ~NISnOH N3dS~ Wdv2:E0 66, 9t ^ON - --..... .,~-~.__.. - 377686 B-770 P-832 le/30/94 0~,17P ~G 6 OF 6 - B'I/~'l!lI or COLoUDO ) ) sa. co'Wl!Y or JJ:U%lf ) ~./ The fOl'eqoi1l9 J,n=strU:m&nt was acltnowledqad before me thiS~- . d.ay of 7"'J"'P~ . 1994, by ,abianne Banedict:. . .x~SS my hand and Offic~a seal. MY commission eXPiras~J/. ~ I" " \1\'~lU1IU"'t4 . .:\,\\'~~~.HJ~ ::'~ . (SEAL) , ..... ~Q-.... ..'; ". oJ' ~~ . \T"~\ \.....i : i ~ ~ : i \~'" ... . ~ ,":! ;;i'-,.', .,' I . '\;'7'_~ .' I:> ~ ..... ' ,"'- ) I ,\", 0\ ,\,\'~ ~s~.... . , as county, I'l/A'l/I OJ' COLORADO .,.. ... - ". co~ or PX'l/XXX ) ) 1 ,... - orbe ~o~ instrWllsnt was acknc e day of r, 1994, by ~ \".chai:man Q t;h. BOUd of county COmllll.S colorado. - - WX'I/HIIS my hand and official seal. ;!!X, c=-ission expires: \\,'UJ I. ~ IJ~'~>. ,) - \01 I. 7"':''1 il'" "10;'''-'--.:4\ ~ ~f ~ ~ ,. l :,~i, ~ ,~j& i. '}" ~'..,: ..SlJ ' (} 0,._ ,..... ~ ..... ...;.,.. Of^ ...... f' ,~ I ""-.......0 ,..<1. '''''hll...'''''' ...... - , ';- ... - - - 5 14l4~.. ... - ,... L'd JjO ~NISnOH N3dS~ WdS2:E0 66. 9< AON - .,J . -. - ., - -. I - . - . - , - - I - I - t f ''1 . f f -. I p f fi Sti water Rime Subdivision/POO Conceptual Submission Affordable Housing Project .. ROCK CREEK STUDIO ~GNorthTOIU'\IISlrret ~,Colorodo81623 v970.1JE3.19?1 f970.~63.l~2 www.otU.(:(l<Ol . - .... ,... - ,... ,... .... ,... ..... - - ,... - .... .... .... ,... - - - Nov. o. I~~~ ;U:vLAM MI\'n~tL rVLLC" M~\'nIIC\'1 I~ U . .:; ! V I r. 1./ i..\J . ....-~ 377;82 3-77'0 S!L'JIA Di;UIS ~-79~ l2/20/~A 04w~,~p o~ i OF~- ....'<1..1 ..0.. .:,.... P!iK.N ~~UNiY CL:~K & RECORDER- REC 110.00 1'RO~'!rn: COVEn1lTS :>Oll a'!':::!t:"2A~R UN~ ;trnDIV!3~OH I!''JD Dee~mber 30. :99~ U~:!C!..2 ! ~~o5e ot C~venant3 These ::>:rotect:. ve Covenan'ts (~-:;::lVellants") shall govern and be ap-olicabla to that certain real pr::par-:'j situatad in .?i-ek:.n County, Colorado, known as st:.llwater Aancl1 SulxU'/ision;:?lJD (the "Subdivision;'), as depicted and des=ibed on .the Fi.r.tal Plat of Stillwatar Ranch Sul::di;;.ision/PUD ('t1:a "!inal Plat") ::-ec=ded in Plat BOOK.u.. at Page .Ef.. of the Of~J.oe of ;:..~e Clerk and..:aecorder of pitkin County, Cclorado. It is t..i.e inte.n-cion of "Fabienne Benedict ("Benedict"), expressed .by her execu~ion of -::..~s inst=ent, that -::"'1e preser.t beauty, views, and environment of the lands '.dthin the Scl:divisicn be protec-::ed, subject: t:o the uses and improve:uents per.ni ttad by ,:::"i5 inst=ent:. In f'.Jr"-..i:.aranca of these objectives, :Benad,ict does hereby ::-8cite t..'lat t:::-Or.l and a:;:ter t..'18 recording' of this instr=ent in t..'le ::-eal pJ:'operty records of :?it;<:ir. County, Colorado, the lands within ":..'1e su:Cdivision shall be torever burdened ll...''l.d benefitted by and subject to the following Covenants, to the eJCeent set fort'l he::'ein, ;;-hic.'1 Covenants shall run with the title to all of the lands within -ene Subdivision. AR.'!'!CLE !:: Oetinit.ion.s As used in this inst=ent, the tarlll "Subdivision" shall he deemed to mean and include all of the lands depicted and described on the Final Plat of stillwater Ranc.'1 SUbdivision/PUD recorded in Plat Book~..s- at Page d""..6 of the Office of the Clerk and Recorda:.- of Pitkin county, Colorado, as said Final Plat JDaY 1::e amended from time to time. The term "Lot" shall mean and refer to each of -X;ots 1, 2, 3, 4, 5 and 6 as desiqnated and described on ":..'1e Final Plat. The ter.n .open Space parce~" shall mean and refer to the O-oen Space Parcel as desiqnated in des=i:bed 0.'1 the Final Plat. - 1Ul.1'ICLE III Devel.oC1llel1t: and Usa llacruirements and :Rest:rictions 1. Resolutions of Beard of OOU1l.i:v commissioners and of Pl""..ina and Zenina commission. Owners of lands within the Subdivision shall adhere to the requirements and restrictions set DOC Nov. Q. Ijj~ I u: j/MM MI\,MMCL rVLLCfi rii\i..n j I C:V I '. . , - - . ':;77&a~ S-770 ';-797 :2/30/g4 ~4: !.QlP PG ., OF 22 .:. 11U.\)ivl r, ", '-" ( forth in (i) Resolution No.. 94-:1.33 of the ?i~<:in Count? Board of county Commissioners, as recorded in cook 27 () a-:: Page tfl of the pitJein COll."1ty :::-eccrds, and (il) Resolution N--O-:-94- If of -:he ?itJdn County planning and zoning :01Illllission as ::ecorde~n .3cok '7('1 a-:: Page '79.1 of the ?i-:;.::.n Ccu..~'t.y ==cerds.. In be -sven-c n anv ccnf~icts ~etwe~~ said ~esolut~cns and ~hese Covenan~3r ~~e ~ar:s and provisions ot t~e Resclu-::ions shall govern and con-::rol. Develot:)men1: ~i:ni-:.a"tions .~n C9r~3i~ !JOt3~ \ (a) On each of ~o-::s :, 2, 3, 4 and 5, developmen-:: shall be li~ited to one (:) f=~e ~a~~g~ si~gla-fami17.==sidenc2~ one (1) deed =es~ic~ad C~~agor? one at=crdaple housing ~~i~, an~ such accessOr'] uses and s-::=-.:c--::ures as :JIay be per.nit-:ad frolll tilne to "time in the .AF'R-Z, .:\qric:t:l t~al a...~d ::'orast:_ I :one District or any successor ~o su~~ Zone ~is~ri~. ~ ~. (b) The singla-!amily residences on Lo--::s ~, 2, 3, 4. and 5 shall be li:!llited to a llIa:d.:nUlll 0:; tour (4) bedro\,ms aac.tt. Additional bedrooms ~ay be approved by ?it~L~ county subject to mitigation by the Lot owner (in the fo= of :Jlore on-site affordable housing ;;:edrccms or eash-in-lieu) at any incremental afforda:Ole housing J:'Bq'.lirement associated ;;-it.'l the additional approved bedroom(s). ~;o (2) parking spaces must be provided for each residenoe const=-.:cted en such.Lots. (cJ All st::-.lc--::=as an Lots 1., 2, 3, 4. .and 5 :uust be located within the building envelopes depicted on the Final Plat. (d) on each of Lots 1, 2, 3 and 4, the :naxilUulIl aJ.lowacle residential floor area (single-family residence and affordable housing unit cOr.lJ:lined) shall be 6,500 square feet. Floor uea oalculations shall be based on the Land Use Regulations in effect at t.'le ti.ltle a building pe=it is applied for on a. particular Lot. The limita--::ions 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, :I, 3, 4 and :; excepting per1lli tted uses wi thin 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 proteetion, no disturbance, inclUding vegetation removal, shall occur outside these development areas, except fcr disturbance or vegetation rellloval associated with a landscaping plan that has bean raviewed and approved in advance by the Planning Office. Within the building envelopeS, reJlt<;lval of mature trees {any deciduous tree of six- inc.':! caliper .diallleter - measured at breast height - or any. evergreen taller than six feet in height} shall require priori approval of a tree removal plan by the Planning office. . . :2 110Y. V' I~~j IU:00~M MI\,nMCL rUL.LCl'i hf\ \inll Co\.- I - , -'- -. S-770 ~'-79a 12/:0/~~ :<14:l0P PG - CF aa 377682 - - - - - - - - - - .', .~ I .---". - - ~ - - - - - \ - ,IV' J I oJ! r. ~/ f.. 'J (f) The limi tatj,ons in paragraph :2 (a -~) above do not apply to Lot 6 or to the Open Spaca Paroel. If Lot 6 is redeveloped in t.'1e t'!.locura, such reClevelop-menoc shall be SUl::1ect to all 3.p:91icable ::aqul.al:or/ :::-aqu.:.:elllenocs i., e:!~ac:t. at tnac time. ~~er~or31 ~~e li~~a~~ons :0 ?ar~g=aph :(a-~) above shall :101: apply ':0 :..;t : (ana t..'la plat-:ad 3ui:d.:.ng 3nvelolJe thereon shall be deemed "lac3:cad.} i:1~e ave.n"t -:~a'C. ?i-:.x.l:1 COu;1ty (or. tile city of ~en, '~pon a..-mexation) b.eraa:tter approves an af=ordabla housing use ::1 lieu of a single-!amily resid~1tial use for tal: 1, and shall n01: apply ~o ~t 5 (anCl the pla:1;1:.ed 3uildi::1q 3:lvelope theracn shall be deemed 'facated) in the a';en't. ?1-::;,':'::1 county (or ':..'le City of ~en, '~tlon annexa~ion) approves a .~e Q~~er ~an a sinqla-f~i:y residential usa =or ~O~ 5. In ~~e aven~ af fu~ura Ccunty (or City) approval 0::: al-:.ernate uses tor !..eta :. and! or :;! 1:.'1e davelo~men~ li2ita~icns for such 1at(s) shall =e set :or-~~ in the Resolution(s) o~ :inal approval and shall be ~ecorded in the pi 1:k.:.n C,:mn'l:.7 ~lial proper-:y reco:::-ds. trpon :-ac::::rdL'1g', t..'le terllls and 'Orovisions ot suc.'l ::l.esol\ltion(s) shall au't.C1IIat:i.cal:'v ~e deellled additional ProuctiveCovenant.s l:lereuhde:::- tor purposes of the enforcement rights se-e :forth in Article V ~elow. (g) The following Scenic overlay Re',iew conditions Shall apply to Lots:' and/or 2j,~S"l11dJ.eai:ad: A . (i) The building height on Lot 1 shall be lilllited to a maxi:IllUJl\ of 20 feat llle.as=ed f=om existing grade or finished grade, W~1Chever is lower, to the top of a flat roof or the midpoint of a pitched roof. The ridge of a pitched roor shall not exceed 25 feet above existing or finished grade, whichever is lower. (ii) ~he building heiqh~ on Lot'2 shall l:le lilllited to (a). a lIlaXUUl1t of 20 feet measured from the existing elevation of the northeast cc:>:rner of the wilding envelope to the tcp of a flat roof or the midpoint of a pitched roof, or (b) the maxaUlll height allowed in the AFR-::I Zone District, whichever is lower. Said existing elevation is the same elevat.ion as the top of the fire hydrant situated east of Stillwater Road near t.i.e sout.'least corner Of Lot J.. The ridge of a pitched roof shall not exceed 25 feet above said existing elevation. (Hi) The foregoing height limi1:ations on Lots J. and 2 may be varied subj ect to obtaining a new Scenic OVerlay approval of a site specific develop-ment plan for Lot J. or Lot ::I pursuant to the standards and procedures in effect.at the time of a new application. ~iv) The owner of Lot 1 shall submit a landscape plan ~or review and approval ~ the Planning Office prior J 11 OV ' O. 1111 IU;SSAM Mlvni\CL rULLc.fi i\~vnjICvl I~ iJ . .) I J i r. vi I.. V '.-; ,377oaa 10-770 ;o-7~~ :2i~iZl/<14 .a4: 10P ~r- '+ OF ~2 to the issuance of a ~ilding permi~ for any struct~al illl.prcvemen-c on Lot 1. ~he purpose of til.e landscape plan sha~l ce ~c ~educs t~e visual impac~ of development en Lot 1 f=om 3ignway a~. rh) ~he =~~:owi~a a=~~~~3c~~~1 ~~d 9x~a=~or :~gh~inq requiraments sha:: ~ppiy ~~ ~~S ~ and z: r) ,,--,","-~c-"~ l' ~. t " -" ..i .!..Ioo_AA_'-'=- _....-3. ~eC"".J.~-~en s.. ~.,o sJ....l.nl.ng or re!le~~ng =oo:s or ~~her sur=aces or ~a~arials shall ~e usad or ~e~i~~ad ~o =emain on any hu~:dinas or st=uct::Jr~.s" .~~C:1?- :'C1:S :. and. : i :-:b.e er:sr:.or ?a-:,:r..:..~~~ l.lsed on suc:!:l ,:u:"_Co':":lqs a.'I'\a. SC"..lC-=~9.S shall .ce .:...:.:n~~d t.o wood stone. ~~i~~, adobe or st~ccci =cots and ~illl.s ~n -:ee ~n-:.'s:t:'lect:.Ye and ~en--;;b..i.ni.~g .u!-eal: and ';il.e =xtaricr colers used on such ~u_ .din~s and s~u~~=s shall be ear't.b. or :ta.':.':lral ..vccd ":~ ~s :.b.a-c are haconicus wi ~~ t~e na-r.=al sur::cuno.ings. (ii) :-:xt:!:'io:r 'Ltiahtina ~eau~ !:"~men1:.s. "~iiith ~he exca~-r.ien ef one ~n1:=anca light a-r. the intarsec-r.icn of Highway a~ and stillwater Road, and one outdoor light for the garage or heme aneance (unless c1:her.ise. required by the Unifcrm Building Cede), access drive and landscape Raccent" ligh-eing shall be prohibited an ~ots 1 and ~. Low level walk'.ay lighting, however, shall be al':pwed for safety pu...>-pcse.s. All exterior lighi:inq shall comply '.i th the applicai:lle requi::-eJDents of the !'itXin County Land Use Code. NO ex-.:aricr lightinq shall l:le allowed on t.'1e north side of any buildings oonstrue't:ed on Lots 1 and 2, 01:' on any portien of t.':le second stori af any buildings constZ'Uctad on Lot 2. (i) In the event t.'1at Pitkin county (or t.'le City of Aspen, upon annexation) hereafter approves an affordable housing use in lieu of a sinqle-f3l1lily residential use for Lot 1, Benedict hereby reserves to herself and to her husband Fredric A. Benedict:. (<wd tollowinq their deaths to their ohildren Nicolas Eenedict and' ~essie Benedic'!:-Gordon) 'the right to review and to~comment up;~ prior to the issuance of any building permits, the type, sity, lccation 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 understandinq that pitkin county (or til.e city of Aspen, upon annexation) shall have the final authority in such. matters. 3 . ocen S1:Iac:a p=c..~. (a) The Open Space Parc~l is permanently restricted to ac;ricult=al uses and ilIlprov~ents, til.e pasturing of horses and related uses and illIProvements, and such other open space 4 l. - Nov. 5. i999 lu:J4AM ~.~ ~::;. 577&8::: - ( - .... - - ,... .... - - .... .... - - - .... - ,... - MICHAeL rULltK AKCnlltCI i~ I) . I.i I .J i r. v, (. v S-77l1J p-a00 ~-... ~~/~0/~4 ~4,10P PG - OF uses and improvements as 1l1ay :ee approved ~rom tue ~c tue by the Stillwater ?an~h HCllleowners' Association. No such other open space use or ~mprovement shall be approved tha~ does not :inain't:ain horse ~as't.uring as t.1.e pri:marl use of t-"e. :neac.cw por~ion of ~he ~pen S~ace ?arcal, ~nd ~~t does ~o~ ~ras~re ::=equiat and pas-:or3.1 q'.J.a.!..:."='"] at t:'1e Open 5paca ?arcs':. ~u used herein, l'aq::-:.cultural and ;:crsc: past:l::'i::g uses and iJnproveJllen1:.S 1I sha 1:' be deemed to include :Cut n<?t oe 1h::. tad to: (i) :==iqat:.on a=i';i-ties, inclUding the ins-tallat::..on, a1ai:ltanance, i.::n-p:rovement., o~era-c:.on and. replacemem: ::>r :;:;onds, di --:::bes, heac!c;a~.s, and o~er '"a1:ar colle~ion. dis~=ibutionand deliveri syst:allls. (ii) Access roads, trails, and underground uti:ity lines. (iii) Seeding, ~=ilizing and harre~'Cin<; of appropriate c::-ops from i:i:ne to ~illle, a~l rorms of gardening, and/or a tree and/or p1an-e nursery, and/or a landscaping operation. (iv) pasturing, qrazing, stabling, ilnpounding, riding, feeding and care or horses and other liyes~ock, provided such activities do not result in over~a.zing or the pollu-e:.on or other deqradaticn of sur::ace or subsurface waeers. (v) Existing uses of the Open Space parcel. (vi) constr~ction, maintenance, improvement, operation and replacement of aqricultural or horse pasturing structures, improvements or facilities, inCluding without liJnitation fences, corrals, parns, sheds, and stables. All such s'l:...-uc~~es ( ex=pting fences and corrals) shall comply with applicable provisions of the P~tkin Coun~J Land Use Code, and shall receive such approvals as may be required pursuant thereto. (vii). !:Iorseback riding, fis.ninq, hiking, and cr05S- country skiing. (h) The Open Space Parcel may not be further subdivided, except that a lot line adjustJllent shall be perm. tted between the open space Pax-cel and the Out Part:!a1, depicted on the Final Plat if County and landowner ap:proval can be obtained. If final approval for such a. lot line adjustment is obtained, the portion of the' Open space Pareel that is added to the out Parcel shall no longer be subject to these Covenants and the 5 NOY. O. Ijj~ :U:J4M NllvntiCL rULLCfi fi,[\vil!IC\';1 11V.oJ1VI 1-' ,,_\I ,-. 377662 B-770 p-S01 t~i~Qjg4 0A~1~P PG ~ OF .;..:. portion of the O\1t Parcel that is .added to the Open Space Parcel shall be deemed subject to these Covenan~s. (0) On or ~etors ~ar~~ 1, 1995, 3enedic~ shall =~~ a :3:cm.eowners' :\ssccial:icn oClIlpr:.sedcI the .:wners :Jt -:he s.:..;c ~ 6) Lots in ~e SuZdi~isicn for pUr?csas at ~Jning, ;ove~~i~q ~nd ~aintaininq t.~e open Space ?arcal. and snall convey ~~e :~a~ scace Parcel to t.':le :;:omeowners' Association ;:v 5ar:::ain and Sale Deed tor ':.'l.e '.1.se. and ::enef::\:. :Jf said Lot :lwners and -:~eir respec~ive. -=ant:.:ies, gueSl:3!, invitaes ana. -:.enan'C3.. ?.rov:..ded. ~~a~ such deed shal: rsse~'e ~~e exclusi~e ~se~ bene=~~ and conttol ot t:he .:pen spaca :?ar=al to 7a.bignne 3ened.ic-:: :ocd 'FredIic A. 3ened:..c-= ::or t:,.e remainder of t."ei= :,:.:'~'es. :ur:'-"'lC:: such exclusive t1se'Per:..cd., the Senedict.3 or e..l.t.~er ~t -:..."lem. shall qet2~ino2 ~:'o2 appropriate open $pace ~ses :or ~~e 0902n Soace parcel (subjec-:: to -::.e ase linitaticns descr:.):)ed above) . and shall in ~ei= sole discra~:.on have ~~e right (pu-:: never the obligation) to auuorize the ;,;sa ot the Open Space ?a=cel or portions t.he.rsof by ':haowners or occ.~pants. Ct 01",\& or :nc:re of ~~e o~~er Lots in the Subdivision or by exis~ing'users of tne Open space ?arcal. (d) The Open Spacs Parcel and all'parts t..'lereof shall be maintained at all times in an a-::trac-:.ive, clean ar.d safe condition. All cos~s and expenses of owning, improving, :maintaining, caring for and operating the Open Space ?areal or any part thereo= (including the irrigation ditch ~'lat ser'Fes the sallie, tne ";1atarfall. the pond, and all irrigation and aeration systems) Shall be borne by the Homeo~~ers' Association. p1:'ovidad, that the Eenedicts shall bear all such costs and expenses during their lives. The Homeowners' Association shall have t.1le aut;:,ority to levy and collsct reqular and special assessments 1:.:1 cover all costs related to the Open Space Parcel. 4. Af~=~dab18 Housina. (a) The owner of 'each of Lots 1, 2, 3, 4 and 3 shall provide. an above grade deed restricted one-bedroom affordabls hOusing unit wi t..'lin the Building Envelope on the Lot. The unit shall be constructed concu=rently with the construction of the sing-le-fa.lllily residence on the Lot., and t..~e- ce.-tificates of Occupancy for the residence and housing unit. shall be issued silllultaneously. (e) The affordable housing anit may Joe either detached or attached t.o t.\le principal single-family residence, and shall meet or exceed the A$tlen;:Pitkin coanty Housing Authority ("APCRAMJ mini::n.um net livable area requirement for category One units. 6 .... - .... - .... - .... .... - .... - .... - - .... - - - .... I~ V y, v' i J J J I IJ' V -rf"liIJ { I'll 1.111,.,;.... I V L,. '- _ <\ ,-;;, ~'I I , .." , . .-..... . 377&SC: :;-77Q ~-Seri2 ::;:/':::0/9.u a4: 1;2)1=0 ~'G -; OF 22 (e) Prior to ~'a issuance ot a building p~it for the primary single-family -residence and the affordable housing uni~ on a 1o~, the Let owner shall executa and file ~i~~ ~~e APC:iA an ::lgraemem:. in ::on aoca;l1:.ai::le ":0 ~;"e AP~.A. -.hi::.'l deed =ss~=~c~~ the af==rcable hCU5~~g ~n~t ~c ~e ~uilt en ~~a~ ~O~ inac=;r~anca ~i~~ ~~e ~C:~/s C~~agcrlCne ~~come, pr~ce and occut:lanc"l guidel':';les in a::ec-:. a:c. -::::'e i:..:.::ne oi issuance ot ~e building p~it. (d.) The =cragcing at~orda!:1.a :l.ous:.nq =.equi:r:e~ent3 Shall no't. a-pp11 ~o !oct:" in t:.'1.e :!',ten'C -=~a't. ?~~in Coun-:'l zcr t;.~e city of ~SPL~f upon ar~exat~:nl ~eraaf~ar ap~roves an a!for:ahle housing ~se in :i~u of ~. sinqla-f~i:y =~siQen~ial use tor Lot. 1, and shall no't: app':'y ;:0 :'ot 5 L-, -::.he even't: Pi1:..'dn county (or ~he city e:! ."s\=len. '-lpon an:~exa1:icn) iipproves a use o~~er than a sinqle-fami:y r~siden't:ial uSe fer ~o't: 5. 5. 'Utili-tias. (a) All resident:.al st=e-::::u-ss en t.."le Lots \. must be eonnec-=ed to the exist:.nq :lunicipal wa~er and AS'Pen Consolidated Sanitation Distri~ sewer lines which serve ~~e illllllediate area. Any tap or ot.'ler fees shall be paid by the respective Lot owner. With rsspee";: tc Aeso sewer servioe, '"-he Lot owner lIlUst also pay an additional prorated surcharge that will be used to recover ~'le cos~ ot repairing a downstream constraint. The su=charge wi:l be ctetanined by the ACSO at the time the tap fee is paid. (b) !n the event a sewage pumping systsm is required on any Lot, a conventional septic tank must also be installed to pret:::'ea1: effluent prior to discharge into t.11.e pumpinq chamber. The septic tank and sewage pumping systelll design must be reviewed by the Aspen/pitkin Environmen1:al Health Oepar-~ent prior to issuance of a building pe~t for tbe subject Lo~. (c) All individuaJ.,_ utili~y service lines within the Subdivision shalll:e installed by the respective Lot owners at their cost and shall be buried underground. All individual utility service lines shall be locatad in ~"l.e existing access road system, a platted utility easeme:1.t or the individual Lot driveways to Jrinimize site disturbance, unless another_ location is approved in advance by the Planning Office. Areas disturbed by the installa~ion or maintenance of utility lines shall be reveqetated 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. I 7 I~ 0 V. :.J. i j:j:j i U . J Jr\iVI lillvI1I"'ICl.. I-VI..I,.IJ\ 1"'I1\\,.rlill~\,I. ,,\J' 1.1 j v I ,', '>1/ i..1.I 377682 a-7'7!Z1' ~-.03Il1.3 l;:,:/,ZJ4;i<?":" '/.)4::0P ..~..3 CF ....- ~- (e) The ::'ire !list.:ric"!: shall be allowed on the Subdivision prior ~c ~~e issuance of a ~ilding pe~it for a Lot to check fire hydrants and ~ater pressure. (f~ ~t ~~a ~~~e ~~e :~i~~a: ~ui:d~~g ;~i~ ~pplica~~=n is ~~:=d =or =ons~=~c~~cn ,~t ~~y ~~~d on ~a~~ ~= ~O~3 1, ~, J, 4 and 5',-=.."e O'ivlle::: =-:: ':~e :'.0-: :~r -lIh.ic.~~1.e appl:.c.at:.cn ':"5 being filed shall ?ay -co 3enedic":cr to 'l1er ~ei=z tb.e cash amoun~ of $5,500.00 in order ~o rai~urse Eenedio"!: ~cr (i) ~~e 520,000.00' SWIl ;:a:.~ "rJy :"l.er ':.= ~-:.a .::::y ~,.;a~er Depa.~ent .:.n lieu c~ dedi::atinq ~Ila~.ar :=:-::..ghes -:0 ~e. ci"t7 f and (ii) 'the $oa, 000 ;00 sum~aid ~v ~gr 'to t.~.e C:.tv ~a-:~= Deoar~en"e as t;'le SUbdi'risicn's . pre ~a'Ca snare of -~i.e C05"!: - of de,relopi..";g expanded ;rat:ar supplies ~o::: a;:-eas out.side City ~oundar:.es. ::10 builaing per:nits sha..ll. l:le :.ssued tor a !:oot: :.:m:i1 ~i.e foregoing amount: has ~een paid -co 3enedict or her ~ei=s. 6~ 3a~~8n~g ~or ~~e ~enefi~ ~t g~aci!ic ~Qt3 or ?arcals. (~) Benedi~ hereby gra.rlt.s and conveys -:'0 t..'ie owners from ~~~e to time of ~ots 3 and 4, respec~ivelYJ for the use and benefit of Lots :3 and/or 4, and. also g::ant.s and conveys to all interasted u~ility ccmpanies a pe-~etua1, non-exclusive easement over, along and beneath a 30-fcot wide strip of land alone; and ccndguous to t..i.e easterly boundary c'f t.ot. .; and of the Onen S~aca ?arcel, as deDic-cad and described on the Final Plat: sa.id easement shall-:::-= with the title to Lots 3 and 4 and the Open Space Parcel" and shall be used solely for purposes of installing, operat:....,.., maintaining, repairing and replacing underg::ound utility lines serving Lots J and/ or 4, and for such sur~acs access as ~ay be reasonablY necessar'J for the aco01llplishment of those. purposes. The disturbing Lot owner (or a utility cO)lIpany, as the case ;nay be) .shall be responsible for restoring the surface of the easement as nearly <IS possible to its original condition following any disturbance thereof !:Jy the Lot owner (or by a utility company) in the exercise of its ri<;hts hereunder. The Lot 4 owner and tllS open Space Parcel owner shall have t.i.e right to cross said easement at any point.. or points ~it."l. <lcaess roads and drive'li'<lYS, and/or with ot.~er utility lines, provided that said Lot 4 cwner and/or Open Space Parcel owner, <IS the case may be" shall be responsible for repairing any damage to utility lines within said s<lSelllent resulting therefrOlIl. (b) Benedict hereby grants and conveys to t."-e 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 l:leing- 30 feet in width lying lS feet on either side of the centerline of the existing access road in place bet"Jean ute Avenue and the meadow area on the Open space Parcel, as said existing roadway traverses Lot s ,... - - - - - - - - - - - .-. - - - ,... - - Noy. O. 1999 ;u:foAM MICHAtL rULLt~ I\K\,HlltCI ,,0. J I JI r, I vi !.. J . ....-.. - 377&8;:; ;:1-770 P-804 12/;>0/94 04:10P i'G 9 OF ;:;:Z 4, as generally deFic~ed and :ocated on :he Final ?~a~. Said easement shall run with the t~tle to ~ot 4 and the Open S~ace !'ar::el, and shall be used fOl'P\lrposes of access, ingress. and e=$~S to the Ooen3:?ace Par::8l and ':01' undergr=und utilit'r lines serving tbeO~en Space ?arcel. T~e ~O~ 4 owner shall have ~~e =iqh~ .~~ =~=ss said aasemen~ at any?oi~~ ~r POi~~3 wit.'1 driveways and/or '.it.i. =-c=.l!lr u-ci:i:../ lines. 'lIi-::.'1 the exception of such grading and drainage i;nprovelll~ts as :ilaY be required :'rcm t~e -:0 =.;:uat~ :{aep said. access roadway in a safe and passable .=ondition, said access ::cad...ay (and t.'1e easemedt ~e=$for) shal: be ~e=~ ~n ~~S ~resa~~ na~ural stats and sha~l not ~e :~=-~er i~or=ved. '~e :.~ar of ~e ~~~ Space ?arcel .ahall ::earall ~;s-::s.:)f ::aJ "'\~ai:ting anti improving the. sul:ljec't: roadway and easemen-c, and .;;hal: 3.'C: all -::i:lles C3.r::-! liability insuranc~ in ~~$ ~ini~~ 3~Oun~ ~i S2,JOO,OOO~oo~ which insurance sha:l name tlle o"-'lner of ::'0'1: 4 as an addit:.onal insured. Benedict hereby grants to t::le owner from ti:ne t;:l time of Lot 4 the right and op'dcn at any tillle to relocate any portion of said access road and easement as it t=aversas Lot 4, at said owner's sole expense, so long as con'!:~'uous and functional road access ~s provided be~deen Uta Avenue and the. :Ileado'll area on t1:\e open Space Parcel, and to execute and record an A.lllended Final Plat. of Lot 'L Stillwa-cer :aancll SUbdivision/P~1j, which reflec'!:s ~~e ::elocated easement. " (c) By separate Grant of Utility Easement recorded in Book 72!2.. at Page 7J:J!. of the PitXin County records, Benedict has granted to t.'1e owner from time to ti;ne of the Out Parcel depicted on the tinal Plat a perpetual, non-exclusive underground uti1ity easement along and within the existing road easement ~et~een the ~te Avenue ~~l-De-Sac and tbe out parcel, as said road easement was created in ~e Deed recorded in Book 188 at Page S~ of t.'1e FitXin Cou.,ty r~cord$. 7. Access and Utilit~ Easements. (a) A perpetual, non-exclusive easement and right-ai-way 40 feet in widt.'1 has been dedicated on the Final Plat for purposes of access trom Colorado State Highway No. 82 to Lots 1, 2, 3 and 4, respectively,.. and fOr undergrcund utility lines. The maintenance, . repair, snowplowing and improvement of said common access road is governed by the teJ;'JllS and provisions of that certain Access Road Maintenance Agreement recorded in Book 733 at Page 504 of the PitJi:in county records. By her execution and racording ot these Covenants, Benedict hereby exercises her right to unilatarally alDend said Access Road Maintenan.ce Agreement in the tollowinq respects: (i). Benedict hereby identities the:portion of the Subdivision which will J:!Q!, be served by said common " ~ Nov. ~. 1~8~ u:60AM MICHAel rUlLC~ AKLHllCvl 37'7682 P-d0=: . ---... ~2/30/94 ~4;:~P OG:0 OF S-770 1\ O. J I J r ,.4.~. ,:".:. r. I I j 'J access road as follows: Lots 5 and 6, and -::.'le Otlen S-oace Parcel, St~ll~ater Ranch SUbdivision/PUO: - As specifically ?rovided in ?aragraph S ~~ereot, said ~cts 5 and 5 and ~~e o~en Spaca ?ar~~l in s~~:lwa~ar ~an~~ Su~division/~UO sha:l no :onger ~e ;uz~sned ~= ~cund ~n any Hay ~y t.'le ~ccess ~oad ~ain~enanca Agrae~en~. and ~'le t:..--c.l.a t.~e.ra"Co shall be .:.eemeo. ~Q =e ===e ot said ;;.gree:nen-c . \ (ii) !b.e. Access ::tead ~ain'Canance ;;.gr9'nllen~ allocates ~~ ?arcsl : of the still~a~3r ~anc~ Par~als a ~ne-~i=d (l/J) share af ~~e cos'C3 and e~enses of sncwplowing ~he co~cn ac:sss =oad and at ~inq essan~ial =sDai=s and Unprevelllents theretO. 3enedic-: her..by =ealloca:t;ss said one-third (1/~) share as :ollows: ~ne-~cUZ+_'l (1/4) of said one-t.'lird (1/3) shar~ ~oaacb o~ ~o~s :, 2, 3 and 4 in the Subdivision. !aco ot said Lota 1, 2, :; and. 4 shall also he entitled ~o one vo~a u.~der ~~e ~CGess ~oad Maintsnance Agreement. ~~. The easement described in ~~is ~aragraph 7(a) is subject to the easement rights enjoyed by the i:np:roved proper.:y lying east of Parcel 3 of t.~e stillwater Ranch parcels, as set forth in these cerlai."- inst=en-:S rec::rded in :Sook 275 at page 222, Soek 700 at page 184, and aoc~ i18 at page 230 of the Pitkin County records, and is also st<bjec":: tc the .easement rights. enjoyed bY parcelS 2 and:) of the stillwatar Ranch Parcels as set for'"~ on the First dJllended. ?lat ef the stillwatar Ranch parcels recorded i." Plat :aock 3~ at page 34 and in t.'1e Protsc-::ive covenants for the pine Lake :Parce1s (ParesIs 2 and :; of the stillwater Rancll Parcels) ::-ecorded in Bock 733 at Page 510 of the Pit.~in County reoords. (b) A perpetual, :lon-exolusive easement. and right-of-way 30 feet in widt..~ has been dedicated on the E'inal plat for purposes of access from. tlle above-mentioned ..O-foot vide access easement to Lots 1, 2, 3 and 4, respeotively, and fo= underground utility liriii's. In the above-mentioned Protective Covenants fer the pine Lak= Parcels, the oosts of maintaining, repairipc;, sncwplo~ing and :iJnprovinc; the portion of said 30- foot vide access easement that is actually used by pine Laka parcel 2 (i. e., up to the point of depart=e therefrom of the parcel 2. driveway) are allocated 2S percent to parcel 2 and 75 percent to the portions of Parcel 1 that are actually served by said road. Benedict hereby reallocates said 75 percent share alIlonqst the Lots in the SUbdivision that are actually served by said road up to the point of depart=e of the ?arcel 2 driveway. The costs of llla1ntaining, repairing, sn<n/Plowinq and improving the portion of said 30-foot wide access road lying beyond the Paroel 2 driveway shall be shared, allocated and paid in equal shares by the Lots in the SUbdivision 'that are actually served by such reJDaining portion of the road. . . 10 - - ,... - - - - - - - - - - - - - - - - IIOV. O. Ijjj IV.IOM '377602 1VI1\.nr\CL fln..i..Cf\ ,'I~\l.inj lev. I~' I I. i I. V :j:'; . V i 'J I 8-770 ;:'-':;0.& ~~/::;0/9.. ~4:~0~ ~e' .~~... ~ :E;Z All road repairs and i,lllprOVE!Illen~s shall be 1llade i~ a gcod and wor~nlike manner, and in compliance with applicable laws, re<;ulations and codes, and improvements sp.all be ::lade in accordance ~i~~ olans and s=eci=ica~ions ~r;~ar9d =v a rsqister:ad Ccl':)rad"o '!nginee:=. .. _~y cwne= se.r.ied -::y ~e =oaci shall have ':.:1e ::-.:.gh-: t:, ;er::or::1 (cr -:.:: ~ave .:~.:.==. '.:e:scns . , .' ...... - per'form) sue:1- :!la.:.n..ananc:! r ~~;:a.:.r f 1inc~--;:_:1'W'.lng and im~rcvemen"Cs .,.;i~.h ::"e$PQC~ t:.ot~e road as :laY ::::e reasonably required ':Jy ~e ci:'C".J1I1S~ancas, and ':0 pay =or :::lle sa!:!e, and to bill ~'J.e otller owner(s) ser-red ':Jy 1:11.e :,oad ::or :J.is or '::~ei. share ot such costs, as above se1: for~. ~ny such ~ill not paid )fit~in :30 days ot :nai':ir:g or -:he :Oi:: shall. ~ear :.nt..aras't: at la percan1: par annum =~=m da~a ot ~i:inq ~ti: ?aid 'n f~ll, and ~~e ~i:linq owner shall ~e ent~t:ed '::0 an award =f its reasonabl~ attorneys' fees and costs i: ~~ =~les a Ci7il action to collect ~~e dali~~ent alDount and ?revails ~berein. The easement dasc=i.bed in t.'lis Paragraph i Co) ~s subject to the easement ~ights enjoyed ~y Farosl 2 of ~e Still~atar Ranch Parcels as :set for-:h. on t.'le aJ::ove-mentioned First Al:nanded Plat t.':1ereofancl in the aDove-lllentioned P::-otecti ve covenants fo~ the Pine Lake ?arcels_ (cl A perpet'.lal, non-exclusi'Te easement and :-ight-o!-lo1ay 30 feet in width across Let 2 has been dedioated on the Pinal Plat for put');loses of access f=::lJ:ll t.'le 3C-!::lot j{id'~ access easement dasc::-ibed in ?aragraph 7(b) above to Lots land 2, respectively, and for underground ~tilit7 lines. ~ll costs and E!:lqlenses of repairing, mainta.ining, snowplowinq and improving said access easement shall be shared equally by the owners of Lots 1 and 2, respect::,-/ely, u.."!less said access easement is .not used for aocess to ~e uprovements eventually const--ueted on Lot 1, in whic~ case ~'le Let 2 owner shall bear all such costs anti expenses. All road repairs and improvements shall be made in a gcod and ~orkmanlL~e manner and in compliance ',..-ith applica.b1.e laws, regulations and codes, and improvements shall be made in accordance with plans and specifications prepare~DY a regista:red Colorado engineer. S _ Access Roads and Dr! vevay:;; . (a) Lot owners shall obtain access permits frQJ:Il the county Engineer prior to any improvement of the access roads or the construction of the individual Lot driveways which serve the Building Envelopes, and prior to the issuance of a building permit for a Lot. The individual driveways shall be designed and constructed in accordance with ~e pi'tkin county Road standards and Spacifications in effect at the time a building permit is applied for. , (b Driveways shall e.."lter the access road at a 90 degree angle for the first 25 feet of the driveway. 11 1'10 V. V' 1,j,j::J I U ' V OniVI IVII\'illnC~ ,-Ul..I..~I.\ nl\VI111I..V; ,.'V'VIV, ,>I' ...>1 3776aa a-77~ ~-S07 :2/~e/~4 ~4:i~P';~:~ ~F 2~ ( (c) :::ndividual driveways must ae ?aved or srave~ed, and must be trea~ed '!I::.tb. an approved dust: retardant, at the cost of the Lot owner. (0.) .:os-:.s ~f ..ius-c .;~n-c=~l. ~easU="3S .~n ~he 40-toct ">tide ~c~on accaSS. =ca~, ~f any ar~ =~qu~9d, shal: ;e gcver~ee OV the -csr::llS of '.::.e a:cove-"ent:.oned _"-cesss ?oad 3ain~3nanca ~greeme!,t, as herein amended,. costs of dust: control llleasures en the Jo-~eot -.ide aa.cass :~oad descriJ:led in :?aragrapb. 7 (b) acove, Ii! any ax-a ::,-aq\1:!.:=ad., 3.'1al::' be shar>!d oy the owners of ,:-"e :,otS se~.,ed -:..b.eraby and ":'y t1le owner 0: ?i:le ~ake ?arcal '2 .:.n t.he :nanner .set ::cr-_"l in ":he dc.cess ~oaci ~a ~ ntananca Agreement (as a:mencied) and :..n ?aragraph '7 (:0) above. COS'CS of dust cont:rel zeas'~-as on ~~e 20-:00'1: ~ide acceSS road ac=oss Lot 1 dese~i~ed in ?a~agraph 7(C) above, it any arg raqui=ed, shall ):le oaid and shared in ~e same :::!anner as '=he :::ostz .OJ! ~epairing - and i:mprovLig that ac:::ass =ead, as set for-:....'1 .In :?aragraph 7(0) ai::C'le. 9. 1toad !lll'O:t'OVe!llsn'l: 'Ois=~o1:. The owne:-S from tiliie to ti:ne of each of the 10ts shall be required to join a read improvement dist:::-ic"t that encom'Pass~S said Lot(s), if such a distric-t is ever ror.ned. 10. ~~=oualitv. The owners of eac.~ of Lots 1, 2, 3, 4 and _ shall adhere t:) tile :?i~<inCount.y Air Quality sta..,dards i~ e~fact at the time of issuance of any building permits. All rQsidential str.lc-tures must, of course, comply witr. the ?it.~in County fireplace and ',Jcodburninc; stove regulations in effect at ';he tae of issuance of the building per.nit t.'1er,,-for. No ....oodburninq devicas shall be ~e~itted in affordable ho~inq u.,its provided in conjunction with sL",gle-falllily residences on the LotS. Lot owners shall submit erosion and s.ediment cont=el plans t.o the Ccun-t:y Engineer fer review and approval in t.'1e event reCiUired in connection with all building, accesS road and driveway constrUction and improvement, and all other eart.~ovinq activities. -- 11.. E1!erqy. The single-faJllily residences to be constructed on Lots 1, 2, 3, 4 and S, and the. affordable housing units provided in conjunction therewith, :must exceed the minimum standards conta~ed in Pitkin county's 1989 Model Energy Code. The specific perfor.nance standards t.'1at lIIuSt be met are set forth on Schedule A _ Energy Saving Measures, at-::ached hereto and made a part hereof by this reference. Th... single-flUl1ily residences on 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: . :!.2 ,... Nov. O. 1888 lu:sli\M MI~HAcL rULLC~ M"nIIC\,1 I~ V ' \; I \; i i' 1":'1 t..\J . !77~Sa 3-770 P-30S ~Z/~0/9~ 04: l!llP .'....-... PG 1.3 )000_ __. ur- - ( (a) Shower Heads (Gallens Per Minute) 2.5 - - (b) Fauc3~ ~er3~=rs (Gallons ?er )!i:lu1:a) (c} ~oila~s (~a:lcns pe= ~lush) 2.3 - 12. Raden Gas. Each :,ot own~r shall ce ::-as'Oonsi~1.e testing- ~o~ ~~e presence of radon qas or.. :.he LC~f and implelllent:.ng any !'!i!lIlecia-:::.on measures -;~t ::lay ::e re<;:uired connec~~cn ~~erawi~~. :or for :.n - - 13 . jig he~an ' "S ~as_.!t:t. ay "'that .::aZ"":ai:: :.ns~=1JJ1).en~ recorded in Book. -:"1j 211: ?age,t;/ of the ?it:c Cou~":.:r =acords, i fis.h.er.nan's easelllen1: haS ;een established a':'onq por":.icns oi ::'-:e Roaring :04X River as i~ flows ~~u~h ~~e Subdiv~sion. - 14. N$l~ia ~i=~ Di~cQ ~asement. A pe-~e~ual, non~exc~usive easement has eeen dedicated on the Final 21at u'Oon and ac~oss Lo~s 1, 2, 3 and. 4 fo~ the Nel1ie:.,aj,~d ,.Jti~ and ie~~'l]\ta.. ~eneciict hereby grants to 1:he owner rrOlll tlllle 1:0 1:llIle 0::: :'o~ 4 t...'le =~qht and option at any tiJne to relooate any portia:::: of sa'id ditch or pipeline as it t=averses Lot 4, at said owne='s sole expense, so long as histcr:.c usage and alD.cunt of wa':ar ca=ied.. are not adversely affectad., t...~e point of ~~try L,to Lc': 4 is not ~hanged, and. so long as any new :;Joint of exit from Lot 4 delivers the remaining watar to the existing drai.,aqe sys-:::elll on ~e Open Space Parcel without damaging the Open Space Parcel or any uses or iJnprovelllents th~2on in any way. If oe ditCh/pipeline is relccataci, the platted easement therefor shall automatically ~ove to the new location, and the Lot 4 owner shall have the right at its option and expense to e:ceC'..1ta and record an Amended :::'inal Plat of Lot 4, stillwatar Ranch Subdivision/POD, which reflects t.i.e relocated ditc!l easement. FUrt..'lerlllere, the Lot 4 owner shall have t.11e right te continue to route such ditch/pipeline water tlu:'ough the existing pond en Lot 4.. _ - - - - - - 15. xousehold Pets. Xerses. Livestoc~. On Lots 1, 2, 3, 4 and. 5, household pets such as dogs and cats shall be per.nitted, provid.ed that dogs shall be kennel~~eas~ad at all ~. On Lot.. 4, and S, wood.en 'corrals for and the inrpoundment of l1;rses shall ee perlllitted. Horses shall not be aJ.lowed. on Lots 1, 2 and 3. Cattle, sheep, and other nen-household pets, and. the grazing .and iJnpound.lllent of livestock other than horses, are prohil:lited upon Lots l.. 2, 3, 4 and 5, and ne COlIIlIIercial raising- or commercial kenneling of aniJnals of any kind ~hall be per:nit.ted upon Lots 1, 2, 3, 4 and 5. The liJ:nitations contained in this Paragraph 15 do net apply to Let 6 or. the open Space Parcel. .... - - lIS. Lots 1, Fencinc. All fencing outside the Build.ing Envelopes on 2, 3, 4 and 5 shall cOlllPly with colorado Division of . . 13 - \. - NOV. 0, Ijj~ lu.J/AM MI'vnMCL rULLCiI M!\vl-lll(lwl It \J . V! \I i 1-' ,,,/"-I.J :!77bci! B-77f<l p_8Ql9 12f~0/94 ~~'10P~~ ~~ :F ~~ ( Wildlife standards, including a maxi= of 42 inches i.", height using four (4) or leSS strands or rails. 17. ~ildti=9 ~itiaation ~8asu=~S. ~e o~er$ of. ~ots ~, 2, ~ and ~ shall adher9 co ~he =ollcwi~g ~ild=i=g ~~iqa~i~n ~easu=es on :.heir ::;aspec"Cive :"ots: (a) Elrush, debris and non-ernalllental <;eget:a.:ion shall be r~~oved wit.~in a ~inimum peri~e1:ar of 10 :ae.: of residencial' and acc,ssor! s~~~cturas. (l:l) Existing '1ege'Ca'tion and :..andsca-ping sha':'':' :::e -cninned loIi-:..'1in 30 fee'!: of all st=c-c=es such that ':...":.e spacir:; ::'et:-..een clumps of ::'rush and vege-caticn is a.~ini= of t~o (2: t~es tile height of t=.e fuel. ':he :naxilllUJII diame-ca::- of the clUlllOS should be t.....o ('2) times 1:..'1e ~eigh'C -;);f -:::..'1e fuel. All measurements are e:o ::'e ':oaken =r01ll '\:he sd<;es of 'I:=.e crowns of the fuel. (c) Tree crown seDaraticn within the ~o-foot ~erimeter shall be a mini;!l.um' of" 10 teet bet-ween the crowns. This requirement does not apply to !IIat=e stands of aspen trees where the preceding- requirelllen'Cs for the reJ:l.oval of ladder fuels have been mel:. !iOfOever I tile spaci:1g guidelines outlined in paracranh 17(:0) above shall be followed in areas of asnen rageneration < - (d) Branches shall be pr.med from trees within of all st:=uctures 1:0 a height of 10 feet above gro~d. fuels shall be removed fr01ll around trees and bushes. 30 feet !.adder (e) trimmed. chimney. (f) The density of fuels within 100 feet of all structures shall be reduced. Branches which extend over roof eaves shall be Branches shall be rellloved within 15 feet of any (g) FuelbreakS shall be provided within 100 feet of the access roads and driveways. (h) Non_combustible .roof material including, but not liDited to, tile, asphalt or metal roof material, or clasS B cerli-Guard (registered brand na'llle) Red Label shakes and shinqles or other roof materialutilizinq Class B ConstrUction techniques (1/2 inch llIin.i= solid sheathinq) or better, snall be required for all new structures. 1.8. 'Park Dedication Fee. At the time a building' permit is i;ssued for the ccns'truction of a' sing-Ie-familY residence on each of Lots l, 2, 3, 4 and 5 I the Lot owner shall pay to pitkin county a ".ark Dedication Fee in accordance with the req1ilations in effect at 14 ~ - I~ 0 Y. O. I III I U . V I 11II1 m I \liir'lCL.. I- UL..L..-:ii ,il\ vii j I ..." I ",",'-,",'''' 'v' ..." 377~a::: ~-77tjJ i='-e!1!lJ :Z/:0/g4 04~ !.'lIP ;:I?M!':;'"..,'JF - , i ~a~ time, ~ased on the ~en ~~~n~ appraised val~e of ~ne tet. Lo,: ;; is exupt from ':..'le ParX Dedication Fee. - - :'9.. Cenl'Dl:i.anC::8 "'J~ t;"~Qve%':n!l.n-t 1tacul.atio113. ~o lands -..,:..t.."'lin ~::'e suj:di~,isio.n aha.J..:' a-r/Ea::- ae ::c:=".l~1.sd or usad ::;.y ~r ==r :nv S~=-l~~ura or 'Ou=-ocse =r l.:l any :nannar -",hie::' :'.5 ;:cn~=a::"7 ~:: "':~.e ~on~.'"g s~.~~;"j..;sron . and use or :::ui':d;nc -"ClU'a~'c~s ....~ ~"i...l"'':n _ ........ I 1.01....1\...._ - , _. - --. ....-.... - ....-... ...... __........_.. C ......... .....-"'orado 'ral.t.-:"!~y ~n "or-'Q .-o:n ......:-e .0 -':-e 0- t'" oun.....f J ~~k I ----./ _..:.. ...-..- __.;.u.... __"'"' ~ ... .any.:: ....er a~plieable loca~J sta~~ ~r fadera: :aws or ragula~~ons. ,... ,... 20. ticlosura -of ?aci:!.ities ~nd ~aui-:mlen:::~=3Sh ~am~ral..~.~ A:: ~~~i~men~, faci:~~~es, and o~=er ~nsiqnt:v ~t~s on anv ~c~ . i~' ,- ;.... ' ,-",'" -, -h ". . 'd' ,.~. "- ,-" 'J. ;; t:;l::.n .....e su.........:l.v..._cn .. a__ ce _oca'tOl 01._'1_:'1 _'le 3u__c._:'lg Z...walo-ce on t.'l.e ;:'ot. (i:: ene axiS1:.S en -:...~e :'o't) , and '''h.et~er or no-c; a Suildinq Envelope ~xists, sl1a:': '::e anclesea ..it~in a S~lid, covered st=~cture, or ::ully sc=aened ::r011l 7iaw. Withou~ l~itinq t..'le qenera.l:.. --:y of -:11.& =oreqei::q, t.~e :tollowinC; specifio rest=ic-eions shall also apply.. ;........y ,,::-uck, t::ao-:er, snow re:noval or garden equipment, and any si:nilar items, shall be kepe a-::. all times, except when in act~al usa, in an enclosea qarag~. Motor hOllies, trailers ana boats lllUSt be kept in enclosed garages, or stored in an area that is completely invisible (dur~.....g all seasons) , from the other Lots ar:.a z:::om all plat-::ed ac:;:ass roads. 'A:r1y refuse or t=ash eon-eainer, u"Cili~y meter, or other utili:';'y ~acility, satellite receivinq dish for television or other signals. se-~ics area, storage pile, or area zor ':la."lging olot.'ling or ot."ler ~us@...':101d faerics must be located wi~~in a :uilding !nvelcpe (if one exis~s on the Lot), and whe~her or not a auild~'g Envelope exists, shall be enc:losed or adequa't~ly sc:::-eened ::roDl view by planting or fencing so. as to. be invisible from the other Lets and f:::-c:m the access roads. No lumber, ~etals, bulk ~atarials, scrap, refuse or trash shall be kept, stered, o.r allowed ~o accumulate on any Lot, except building materials during t.'le course ot censtr..lc-eion, and then only wi~'lin the Building Envelope (if one exists on the Lo~) and only for such reasonable ,period ot time as is necessary prior to. t~e use o.r disposal thereof, All rubbish and trash shall l:le pr01llptly removed from the Lots ana sh~ll not be burned thereon. - - - - - - - 21. Used or Temtlorarl' 3t:=ucturu. No. used, previously erected, or temporary house, struc-eure, censtruction trailer, or nenpermanent outbuilding shall ever be placed, erected or allowed to relllain within the Subdivision, except during const:ruC'tion periods, and no dwelling unit shall ever be occupied in any manner prior to. its c:ompletion. No metor home shall ever be occupied in any manner while located within the Sulldivision. 22. Como1etien o~ Construction. Any exterior co.nstruction acti vi ty upon any Lot shall J::e completed and fully cleaned up within 24 months from its commencement. - - - ,... 23. Read DUlacre. Each Lot owner is responsible and shall promptly repair in a goed and workmanlike manner, any damage caused 15 , - - -- 11Vv' \I' ,,,;,,;;) 11,)'\1\1.-,;11 III''''''"'...... ,"'........." . 377t:82 3-770 P-:31: :2/::;;)/':>4 J4:10P'PG'16.. OF 2Z ( to access roads during the construction of uprovements or the installation of u~ility lin~s upon or serving the owner's Lot, or damage caused at ~y o~her t~me by ~~y vehicle belonging either to t.;,e owner or to t.=.e owner's family, ques'ts, :nvi'tees or con-c:rac-:.ors.. 24. 110 ~usi:1ess "jse~. O~-.!3!lgi~Q .Ac'!:ivi-::.-es. ~is:J.ncas 01:" SiO'ns.. No lands orS1:::-~c'C1J.:::es ..,..;~thin ~'le SUlxiivision shal.:' 2Var be ocoupied or used. for _ any commercial 'or b1:lsiness purpose, .'"xcsp't.inq such affordable nous~nq use as ~ay heraat~ar be approved ~n :ieu of a 5inqle-!~ly residenca ~se for Lo't. 1 and such use ot.~er than a $ingla-~amily ~~sicen~~al ~e as ~ay her~a=tar =e approve~ fer Lo~ 5. )10 noxious or of::ensi 'fe ac~:. vi:~y shall be car.:-ied on or allo...ed at any time ~ithin ~~e Suhd~~~sion,sp8cifically includJL~g wit~Qut li:!lit:at:..on the opera-::::.on of sno'ollllobiles, AT'fs, of:;;-rcad ::::c't.cr:::ycles (i..e., dir: :Oi~es), or boat:;; powered by gasoline l1lo-;:ors or engines. Nothing shall be done or pe=i-:-:edtc be done a-::: any ti:::le ....ithin the SUbdivision whicb. is a nuisance. or '"hic.'l ::nighl:: become' a nuisance by sight, sound, s:mell or ot.~er"ise to a lot .cr a !oot owner or occupant. ;.n approved a~:'orda))le housing use ~n tot :1., and any use o-e.her than a single-faJllily residence that may hereafter be approved on LOt 5, shall not constitu~e a nuisance hereunder. ;.nd with the excstltion of one ";oor Sale" sian of no=al size on a Lot, no signs or billboards shell ever be erected or pe=i't:ted to remain within t.~e subdivision. 25. :riraa=s. The discharge or shooting of firearms is prohibited within the Subdivision. i. ~ "1' '. . 26 . Ne 1f n'l.na. ur::._ ::.nct or OUa...~'-na. No llIJ.nJ.ng, querryJ.ng, twmellinq, excavating, or drilling for s~stances within the earth, including oil, gas, miner3ls, gravel, sand, rocX. and earth, put expressly excluding ".later, shall ever be conducted or permitted upon or within the Subdivision. 27. !toofs, l!:a-eerials. Colors. ' No Shining or reflecting roofs or other surfaces or llIaterials shall be used or pe=itted '\:0 remain on any buildings or structures- within the Sll1:ldi vision; the exterior materials used on such buildings and st::uctures shall be limited to wood, stone, brick, adobe or stucco; roofs and trims can be non- reflective and non-Shining metal; and the exterior colors used on such buildings and structures shall be earth or -natural wood tones that are harmonious with the natural surroundings. - 28. 'rowers and A:nt..nnaa. No towers or radio or television antennae or silllilar communication equipment higher than 3 feet above the highest roof line of the st.rw::ture to which they are attached shall ever :be erected or permitted within the SuJodivision, and all such towers, antennae and similar equiplDent (excepting satellite dishes) .1lIust be attached to a residential str.ICture (unless a use other than a sing;re-falllily residential use is hereafter approved on Lot 5). 16 ~ - ... ... - ... ... - ... ... ... ... - - ... - ... ... - 11UV' V' IJJJ 1\1,.)01"'1;11 1111 \..;I,r\l.... ,',J "".."',\ ,'i,., ''''.t '.1'" V, ,,,',,, " 377&.3Z .. - . 1 ~'/~'''lt'C.k ''''A.'l';~~ :--;:":'.- ..4Oio o,Ji(J/. <,1.. ""... i-"1.::J J,.I ='.... ~.;. 8-770 ::;;-t31Z OF I , 29. 'l'anks. No e1.e.vai:ed tanks of any kind shall aVllr be erected, placed, or per.ni'e:t:ad ~o remain within the Subdivision. Any tank used in connection with any st~o=~e or act~vi~y within the Subd~vision, including tanks tor ~~e si:oraqe of ~atural gas, iual oil, gasoline, ~il or ~at3r! shall ~e bu=~ed. 30. Lot ~ and ':!l.e Otlel'l. gl)a.ca ,,-reel '\'_tlorllril'7 'ZxemDt. Lot 6 shall be exempt f:::'= the :::escic<::ions and requirements con'l:ained in ?aragraphs ~O-29 above. for so long as ~ot 6 is owned of :::ecord ~ ?ai:lienne iEanadie;:, :F:::edric _~. 3anadic-:., ilny one or :nore of their children, or a t::'..l.St or 1:rusts ::or ehe ):lenef:::t of any of said perscns. The Open space ?arcsl shall be eX=p1:. ;;;:;:-cm the res~ic'l:ions and :::eauire:men~s ccntai~ed in ?araaraehs 20-29 ahove for so long as e.ithar FaJ:::ianne llenediC't er F:::adi:::'c -.\., SenediC't remains alive. :n. Derq&lnc:'V l\.c:c:ess JlaSl!lllen't. il. non-gxclusive eaSe:!lent. for ingress and egress is hereby grantad by Senedic-= t.o al;J. police, sheriff, fire protec~ion, ambUlance and other similar '~mergenc7 agencies or persons, now or hereafter serving ~e SUbdivision and its residents, to enter upon the access roads <:1edicatad on the Final Plat, and upon the individual Lot d:dveways, and upon any ot.'1er property in the SUbdivision, in the lawful per:for:nance. of thei::: duties, l\..RT:!CLliI 'J:V TRAIL llASmLo'"":!ITS By those certei..., Trail Easement Agreements recor<:1ed (i) L"l Book 733 at Page 485, and (ii) in Book 763 at ?aqe 935, all of the ? i tkin County records, Benedict has grant ad trail ease:ments ac=oss portions of 'the Subdivision, along the alignments shown on the Final Plat, for the use and ~enefit of the ge.'1eral public. Title to lands within t.."1e SuJxiivision shall at all timeS be Subject to the terms and provisions of said Trail Easement Agreements. l\..RnCLE V ENFO}l~ AC1!!ONS .1. Ent'orce1Iu!m1: Authori1:y_ Pitkin County (or the City of Aspen, upon annexation), and each Lot owner, and the owner 01: the Open Space parcel, shall have the right to prosecuta an action at any time for injunctive relief and/or .for' dillllages by reason of any violation of these Covenants. ~e prevailing party in any action brought to interpret or enforce these Covenants or/for damages t:or a violation hereof shall be entitled to an award of its reasonable attorney's fees and costs. ' 17 Nov. O. I~~: IU:HAM M I \'n~cL rULLC~ Mnvn II CV I I~ U . \) I V ! j. iJiLiJ 377562 3-770 ~-B~3 ~~. 20/94 ~~::0~ '?~ rs OF ~2 20 Limita~ions O~ ~e~ionso :n ~~e avent any cons~-u~ion, altera'tion, or landscaping ',;'or!t is commenced upon any ot ths. lands within t.~e SUbdivision ;,n o.fiola'tion of these ~V'enar:ts, and no ac't.ion is collllltencsd -.:.t.'::.':':1 to,;'c hundraci sevent:.-." (270) days tl'1er=a:ttar to =-ast::-ai:1 .5UC~ ",iola1:.:.on, ~~en i:ljUr..c-:':'''Te or SC"'.:.:.-:.able ralief shall be denied, =u~ an ~c~~cn =cr ~amages shal: i~~:: be available t~ any ;ar~y a~;=ieveci. T~~s 270-day l~~aticn Shall net a-;::ply to inj1.lIlC"t.:'T1S or equitable relief against, ather violacicns Qr ~hese C~venan~~~ :U'!'~C~2 '7'1: ~ENZRAL ?SOV:S:ONS 1. Benefi-:3 and 3urdens ot Covenants: Covenant::! to ::l.uno Exc.'a!=r: as other..ise speci.:::.cally provided he:r:eL~, all of -:...'"le Covenants con1:ai..~ed in ~~i.s i.n.s:c~.J.men'C shall :Oe a ~urden on and appur~nant to ~~e t~=:a ~o all ot ~~e lands wi~in t~e SuJ::di'Tisiono Except as ocller",;'ise specifically provided he1'ei...~, the benefits ot the Covenants ccr.'tained in ~is ins~-~ent shali inure to ?itkin Coun1:y (or t.~e city of -"spen, .upon anne::ca'!:ion) and to t."le owners from t.i:llIe to ti:me of all of the. lands T,;'i thin the SUbdivision, and shall be deemed an appUIt:.enanca to the title to such lands 0 The bene! i ts and burdens of all of said Covenants shall run -..rH:~ the title to all of the lands to which 5'l4ch burdens or l::enetits have been ;aade app=anan't. ' t. 2. Ter.:ll of Covenants. Except as ot.':ler..rise specifically provided herein, and unless amended or ter:ninated pursuant to Paraaraph 3 below, t.':lese Covenants shall be pe.."'Fetual, except that any covenant to which t.'1e l".Jle against perpetuities or 'l:..'l.e r",le restricting restraints on alienation may be dece=ined to be applicable shall only extend and r'.ln for the period of the lives of Fredric A. Benedict, Fabienna B~~adict and Arthur c. Daily, and their now li',ing children, and the sll.."V'ivcr 0: t!'lem, plus 20 years. 3. AlIIenmlUlll1: 01:' '1'er::z.i.nation or Covenan-:s. Except as provided below with respect to Pitkin County, and except as may o~'lerwise be speci~ically provided herein, all or any part of these Covenants lIlay be aJIlended or ter:ninatad at any time by the recording in the Pitldn County, Colorado real property records of a resolution of amendment agreed upon, executed and acknowledged by the then-=rent 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 (or the City. of Aspen, upon annexa,tlon) her..a:fter approves an employee housing use in lieu of a single-family residence use for Lot 1, Lot 1 shall no long-er be entitled to. vote on the lllIIendment or termination of these covenants. Similarly, if pitkin County (or the city of Aspen, upon annexation) hereafter approves a use;o'l:..'ler than a single-family residential USe for Lot 5, Lot 5 shall no 18 ( - - - - - - - - - ,... - - - - - - - ,... - NOV. O. I~~~ iU;J~~M I~ 0 . J I J I r. I.. UI t. iJ MI\'n~CL rULLC~ M\,nIIC\'1 . .'- ~ ,. 377€o82 lZ/30/g~ 04:i0P PG 19 8..,77121 P-314 OF .~? ~- ( lonaer be en'ti tled ':.0 ";o"t:.a on t~e amendl!1ent or ~:!:=:ni:lation of these Covenan~s. No~~it~s~3nc~nq ~~e ~=~agoiuq, fo= so ~O~; as !abianne a$neC~c~, F~gdri= A. 3enedic~, anv one or mor9 c: ~eir chi1dren, or a ~~t or t=us~s ~or~~e benefi~ of any oi 5a~d ~ersons, owns Lot S, tilese Covenanl:s :lay no1:. J:e. amended or tal""'inatad ~.it"~ou1: 'C.'1.e -;,>rit-:::an consent .ot .said owner(s). !"urt~er noi:-:Ji't:..'ls1:.andL--l.g the f~regoing, ?ny provision of ~'lese covenan1:.S ~hio~ ~as ~e~~ired to be containea ~erein ~y appr~als o01:.ained ~y 3enedic1:. from ?itxin C.::u.,'t.v includi:lql -"i-:=.cu-: lui~a~:'Qn. ? rc Z ::\esolu't:icn No. 94- /..J-- and 30C= rtesoluticn Yo. 94-~3! ~ay :101:. ~a :ads :ess'restric1:.ive. or l:ar::li.I1a1:.ad, withou-c. t.'le consem: of the ?it:~::.::t COlln't:v Board of County commissioners (or the City Council of 'be City" of Aspen, upon annexa-eicn). :'inal.ly, no a.l!lendJ:llen-e shall :::e adoptsd '.hich chan"es t.'le status of the Open Space ?ar(:el as ollen space '.rithout the -or:.or ~:dtten cons em: of ?itx:.n Count", '.he-::;,.a:: or not ~'1e 01:en Space Parcel has sincs been annexed ~y the City of ~spen~ - 4. Discla~er. :;;:xcept as e:q:lressly se'!: forth in l:hese covenants, no :::epresentat:ions of any ~ind, axprsss or illlplied, are given or made by Benedi= or her agents or employees in conneo'l:ion wi~'1. t.'1e Sul:division or any 1:.ot or the open Space Parcel t.'1erein or eny portion thereof, or any illlprovemen-es thareon, or. physical featu:es thereof, or t.'le fit."l.ess thereof for any purpose, or utilit., service t.'lereto, or t."-.. develooment ooi:ential thereof or anv manna:: of compliance with ~'1e Pitkin county Land Use Code or applicable environmental or other law!! or regulations, or with respect to the cost of owning, developing, enjoying or ;naintaininq any of the lands within the Subdivision. S. Saversbi!.i t"1'. Shotlld any provision of t.'1ese Cove.."1ants be declared invalid or unenforoeable by any cour';: of com'Oetant jurisdiction, such decision shall. not affect the val.id{ty or enforceability of the remaining Covenants. III 'II'niESS unEOP, Benedict has executed these Protective Covenants as of the day and year first a.bove writtan. _ ~t..,~c- ~~.d- Fabienne Benedict STATE OF COLORADO } ) 55. l COUNTY OF PITlUN . , ..~oregoing Protective Covenants ....ere acknowledged before me :~~,~~:~~y of December, 1994, by Fabienne Benedict. . ,:.,. 'to ., '" ~ J. t...... Wi1:j:;eS! TIrj hand and Off~~l seal. f. l My C?~ission expires (5 &; ~- . - '(S~"~) .- .. . ~ " ~ ;. III ~ '. : Q ~ 1. ,A.... ':Q ~ ';.. ~ ". .' ... $f ~.. >-.::...... .....'o~ ~'I' . OF C';,\.,;. \,...,\ ........ ......, NotaClic 139~. 19 I~ 0 V. J, l:j :j :j I U . v :j 1"\111 IYI j I.Illn[1.. r Ul..L.c.r\ ,.1 Ii '",Ii I I C. 'v I 1\ v' '" I V I i" ,-,I '-Ii : ---... 377&82 8-770 ~-~15 laJ3~/94 04:1~P PG 20 OF 2~ ( SQlEDtlLE A :l!NERGY SAVI:lI'G Mnsmtes :l. The.....-:naldesign p~ame.tars (as =CU..iid -.li-=:!':':l =;:;;farenca ~S-l; ~98S ASHRAZ ~andbook OI ~ndamen~als).- Degree days heating - 8850 Te=erature differential - as deqraes _ Lo~a~ion - As~en, co; 39 degraes-~o~~ latitude , - ~ ... Euilding envelope compon~~ts - _ (a) waE.s - gross area - 1J<0.:1 single familY{. . p 0<0.24 ::lul:.:.-family '(j.~'f (b) ROOf/oailing - 1J<O.028 single and ::lul'!::i.fa:mily (all) ~~.,~ (c) (d) Floors over unheated spaces; (all) ,1 :f...Q U<0.05 l~' Heated slabS on grade; insulated to 4 t~ below finish grade (f.g.) all ... R>9.2 (a) Unheated slabs on grade; insulated to 4 ft below f.g. (all) (fJ R>6.S Basement ~alls; insulated to f.g. (all) floor level or 10 feet below U<O.075 \,1-l (g) crawl space walls - u<o.os (all) f icr- s~ecific camconent assemblies will be identified at time of permit application. In addit~on to the generic assemblies included within MEC appendix Table Nos. 602.2.1a, b, 0, 602.2.2, 602.2.3, 602.2.5, and 602.2.6, other assemblies may be offered along with, independent do=entatien of the=al perfo=ance from industry-recognized sources. 3. For wall and reof openings, air infiltration shall be less than the max:iJnti1n allloum:s =ecified witllin MEC Table No. 502.4.2 for manufactured windows and doors, v.i.z.: (a) 0.34 cim per foot of operable sash crack for windows Cb) 0.5 cfm per square foot of door area for swinging and sliding doors. In both cases, infor1llation will be provided from manufacturer's literature substantiating the component's attainment of these req\1irements. Site-built openings will meet the general requirements outlined below as required under MEC sec. 502.4:3. General construction technique will assure that exterior joints in the building envelope' that are sources of air leakage, such as around window and door frames; between wall ... - ... ... - - - - - - ,... ,- - - - - ... - ... I~ 0 V. J. I J;; J I V . J \I Mill 377682 ( L l"j~~nCL rvLL~G M~V~ii~VI 'IV'V".,II ,~. ;.. '- J ... II , '.-.. 5-770 P-816 12/30/94 04:10P PG 21 Or 22 cavi ti.es and ";i:1.dcW anc ::ioor ==ames : ~el:"'''''een val:s and foundaticnS, ~e~~ee~ .a:':'s and =oct!cai:i~g$ and ~e~Neen ~all panels; openi~gs a~ ;enet=a~ions ct ~~i:i~y services ~~rouqh walls, floors and =cois; and all o~er such openings in ~e building ~nvelOFe shall be caulked, ;aske~ad, .ea~herst=ipoed or other<<ise sealad in an accep~acla ~anr.er. -- ; Building ~echanical Svs~ams :~a fol:owing opera~ional requiremen~s shall =8 sa~istied: (a) Heat~~g systsms shall ~e sited i~ accordance with ~~e -orocedures ca:':'ed '~u-;; in C::lac~ers 2: and 26 of S~andard Rs-l (HaS :\SHRA::;: :~andbook of E'lmdamem:als) . (b) Infiltra~ion shall be caleula~ad as in C~apter 22 of ~~e saJIJ,e reference. '\. (e) Gas fired f1.L..""!laces and boilers shall exceed the 75% efficiency requirements of MEC Tabla No. 303.4.3. Data furnished by the equipment supplier or certi=ied under a nationally ~eccqnized car.titicatlon program will be used ' to demonstrate compliance. (d) Each. :tIsch-anical ventilation systelll provided shall be SOIitched from a readily accessible location. Where required by MEC Sec. 403.4.4, tiqht-fitting dampers will be -crovided to cont:::'ol air flow when the L"Idividual system is not in use. All "all-air" heatL,g systelllS 'Jill be designed with an air transport factor (as defined in MEC Sec. 503.5.1) greater than 5.S. Ot.~er ~iUm systems will be designated to an efficiency equivalent to an "all-airN system as requi~ed-by MEC Sec. 503.5.2. (e) (f) All air and water systems will be designed to provide a means for balancing the system operation. (9') Thermostat control shall be furnished consistent with the 55 to 15 degree requirements of MEC Sec. 503.8. as well as the control setback and shutoff raquirements of MEC Sec. 503.8.3.4. (h) Zones t:or the system operation shall :meet the minilDUlll requirements of MEe Sec. 503.8.3. Within single family space.s, control shall be. provided to partially restrict or shut off the h.aat:inq input to; each zonoa or floor level. W~:;,,,,mult~~~~y .~!!~11.~-~~, ~ED-~l.ar controls shall pe ~~w.ly~a-T6~ eacn-rqa=. . For systems that utilize heat.ed air energy transport, the duct SystUl shall be insulat.ed to exceed the minilllUlll R (i) 2 .. . a I - - :r - c.. - . - . I ~ \J r - , , - . - I - " - - Sti water Ranc Subdivision/PUD Conceptual Submission Affordable Housing Project - - - Ifl I ... ROCK CREEK STUDIO ~6No11h rwrth&tre<' ~(<>lo<odoIl16Z3 w10.!lti~,1~11 1970.963.1622 WWW.<>Ial<.mm I , - ENGINEERS SURVEYORS ,... (970) 925-6727 FAX (970) 925-4157 SG M SCHMUESER GORDON MEYER P.O. Box 2155 Aspen. CO 81 ~12 ,... November 22, 1999 - Mr. David Michaelson OTAK / ROCK CREEK STUDIO 36 North 4th Street Carbondale, CO. 81623 I"'" ,... RE: Benedict-Stillwater Ranch Parcel 1. Lot 1 Affordable Housina Proiect. Conceptual Submission Enaineerina 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' Glenwood Springs. Colorado' (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 Agreement form 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. Sewaae System 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 NB, CID and ElF. 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 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. I- I 1- ! 1- \ L I I- I I- I I- I J L L I- I ~ L I ! L I , L ( l L i L I 1- L I , - ,... 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. 1'""'" 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, 1997, 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 23% 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 larqest 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 normCl,I 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. - - SCHMUESER GORDON MEYER, INC. November 22, 1999 Mr. David Michaelson Page 4 DrainaQe 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. T - ,... - - 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. tuQ~ ~ ~ ~ Jay . Hammond, P.E. Principal, Aspen Office JHlJh 92049EA4 cc: Lee Novak, Aspen / Pitkin Housing Authority, Project Manager Steve Novy, Michael Fuller Architects SCHMUESER GORDON MEYER, INC. JOB~~~er AH SCHMUESER GORDON MEYER, INC. 118 W. 6th 51. Suite 200 P.O. Box 2155 Glenwood Springs. CO 81601 Aspen, CO 81612 (970) 945.1004 (970) 925-6727 FAX (970) 945.5948 FAX (970) 925-4157 OF l.- DATE 10 '1:' 'Q9 SHEET NO. \ CALCUlATED BY'-~ CHECKED BY DATE SCALE ~e.d.IC.-\- . b {t' IlW()JQr Arr~lole..... -WcU::Oll'\q :Pc-~, I\.(/'" Q... Co.ltulCl.~,~:::' ~~CO Cc,~ 3'10'O~O Q~ Q.:1A ;ZS' r eN~ A;~ ei'(tdeJ- f:>ik G 100~,~ZO ft-z' (z...j~ Ac.) 10 .....IA -re. · ~.5Z- :1'\. (v..r t 1MtJ.~e.-lc.retA ~ .Zr;; C9(1Nv~{ I ~ "Q.7i.-to.~~~ Q:6Z.~)(3.?Z. "'/'r\r)(IDt;,t1'W +t-~ -:. ,-as' (.z.q f~(v..0lllr5,'t'Z-O .ft....) -: '1,1-'4l1,L-l1- A "/I-V- : Z.11o Ct$ Goe.\S'" s""SILU- Af'U.... .f r Z ~ C L"-lM ~\~s lS",co5'-l .IS"' .1iS"' .1 L{ ~~tlw~\\c,:> \5, L{oo .11 _ qC; .It L~(l-'::>C./)..fe.... Lfs, Ilo'O .~3 .35' .l? ~~it>-I-\1'\,betl z\P,4~'t> . z-:! .~S' .0<0 \ oS, I\'Z-D 1.00 0.52.. Q : G'5"?-)L:Zq f+('nr) C lO'S,'fZO -4-z.) :. \\0,156,'33 -tfj1hr .''l!l1Si>9l'1S1'telS\2j)S.1!P3~) - ~ t\\wa:\oQr M OF t- DATE 10' l~ . ~ ~ JOB ~(l,G"C-+ SHEET NO. 1- CALCUlATED BY- * "'" SCHMUESER GORDON MEYER, INC. 118 W. 6th 51. Suite 200 P.O. 80x 2155 Glenwood Springs. CO 81601 Aspen, CO 81612 (970) 945-1004 (970) 925.6727 FAX (970) 945.5948 FAX (970) 925-4157 .... DATE CHECKED BY SCALE .... 4. 'f q c.P::, .... ~ -p;fr ~ z.-::.~J.~ - e \0 i~ ,.... MIl'\. t<EC(I)\R1S.D ve:T'E.N'T\o"-\.l- ( w I ~,.'( wE,\ b" ) l,~q1- . ft3 ,... :: 1- r.z. w I e '6 I .:r..D - .... - - - .... ,.... - ,.... .... - - .T11)l.1iSi!ll~~ol!;I2Il!i.'!I'l~ I -, - - -, I -, I'" - II - I L - , ~. - cI - . [. - ..1 '" ; u .... - u - . il - Sti water Ranc SubdivisionjPUD Conceptual Submission Affordable Housing Project - , I .. ROCK CREEK , STUDIO .' 3G~fourih_ Ca~,C<>IoraJ.o&16Z~ v970.963.W71 fEl7C.~J.11l.22 www.ot.ok.com - ,... ~ ... ,... .... ,... - - 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 - - ,... CTLITHOMPSON, INC. CONSULTING ENGINEERS 234 CENTER DRIVE . GLEN WOOD SPRINGS. COLORADO 81601 · (970) 945-2809 ~ TABLE OF CONTENTS SCOPE SUMMARY OF CONCLUSIONS SITE CONDITIONS PROPOSED CONSTRUCTION SUBSURFACE CONDITIONS SITE DEVELOPMENT Site Grading Utility Construction Underdrain Pavements 1 1 2 2 3 3 3 5 5 6 6 6 7 7 8 8 9 BUILDING CONSTRUCTION CONSIDERATIONS Foundations Floor Systems and Slabs-on-Grade Basements 0 PY Surface Drainage RECOMMENDED FUTURE INVESTIGATIONS LIMITATIONS 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 CTllT GS-2792 ~ - ~ .... SCOPE - This report presents 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 report includes descriptions of subsoil and ground water conditions found in our 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 ~~ M't1es. Additional site specific investigations will be required tMib"~!JQ foundations and pavements. A 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 ~~~~ ' -- - 3. Preliminary information indicates potential differential movement of slabs-on-grade constructed on the natural soils at this site will be low. Site specific studies should be performed to evaluate volume change potential. - - MICHAEL FULLER ARCHITECTS STILLWATER RANCH CTLIT GS.2792 1 ~ 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 surface water away from the proposed structures. Water should not be allowed to pond on or adjacent to pavements. SITE CONDITIONS Stillwater Ranch is located south of Highway 82 and west of Stillwater Drive in PitkL, 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 ofthe 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 topogr~M~\Cred near the south-central part of the site. Ground surfaces slope ~1).JOfoJi~1I 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 present on the site or adjacent land to the west. PROPOSED CONSTRUCTION The site will be developed for multi-family residential buildings. Preliminary 'Os viewed indicate 4 buildings are planned. The buildings will likely be two-story, -lood frame structures with basements. We were informed that maximum excavation depths the buildings would be on the order of 10 feet deep. Detached parking struc".;-es will also be constructed. Development will include construction of paved access c;lrives and parking areas. MICHAEL FULl.ER ARCHITECTS STILLWATER RANCH CTllT GS-2792 2 - ~ ,... ,... 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 bould~~e~lxPlored depth of 12 feet below existing ground surface. observWMfn9lcavation indicated the sands and gravels were medium dense to dense. Three samples ofthe 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 Gradinq - - 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 CTUT GS.2792 3 ~ 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 at least95 percent of maximum standard Proctor (ASTM 0 698) dry density and proof rolled with a heavy pneumatic tired vehicle such 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 0698) dry density. Placement and compaction of fill should be observed and tested by a representative of our firm :~ring construction. Guideline seapeyations are presented in Appendix We anticipate excavations for the building foundations and utilities can be accomplished using conventional, heavY-duty excavation equipment. Excavation sides should be sloped 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 deeper than 20 feet should be braced or the slopes should be designed by a professional engineer. MICHAEL FULLER ARCHITECTS STILLWATER RANCH CTUT C;S-2792 4 ,- ,... ~ .... 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 GradinQ 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 leaLt& 'r'\pT/nts and increased potential for differential movement offoundat~a~1 ~bS. We recommend an underdrain 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 ra~k. Clean-outs should be provided in the underdrain system to allow maintenance. l/1!e recommend that responsibility for maintenance be established during planning. A typical underdrain detail is shown on Figure 5. .... - - ,... - - MICHAEl. FUl.l.ER ARCHITECTS STIl.l.WA TER RANCH CTUT GS.2792 5 ~ Pavements Preliminary information indicated the subgrade soils at the site consist of 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 our exploratory pits consisted of silty sand and gravel. Preliminary information indicaurs"\h~"\9f can be founded on footings supported by the natural soils. ~ U..Ja6lfsoil 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 after overlot grading to determine the appropriate foundation types and to provide design criteria. MICHAEL FULLER ARCHITECTS STILLWATER RANCH CTLIT GS.2792 6 ~ ,.... ~ - Floor Svstems and Slabs-on-Grade ,... Preliminary information indicates potential differential movementofslabs-on- grade constructed on the natural soils at this site will be low. The sands and gravels are an excellent soil to support slab-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; Isolation of exterioeio~)'slabs from the residence; and Proper surface grading andfiferJeter drain installation to reduce additional water availability in below grade areas. - 3. 4. - - 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 CTur GS-2792 7 ~ 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 for sloping backfill, hydrostatic pressure or surcharge 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 offoundations will be influenced by surface drainage. The ground surface around prop os~eR~. ~~d be shaped to provide for rapid runoff of surface water away fro Jmfd ~ ~d off of pavements. We generally . .., 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 at the 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 ,... ,... ~ - 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. CTUThompson, Inc. would be pleased to perform the investigations. - - LIMITATIONS ,.. Our exploratory pits were widely spaced to provide a general picture of the subsurface conditions for development planning. The preliminary 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 priaeo ~tr,p_ ~"to look for potential geotechnical concerns. V J - - - - We believe this investigation was conducted in a manner consistent 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 Manfger - JDK:JM:cd (5 copies sent) - MICHAEL FULLER ARCHITECTS - STILLWATER RANCH 9 CTUT GS.2792 o o <( 0::: o -I :x: 0 C)C) z . <(>- 0:::1- Z 0:::;:) Wo I-C) ~Z -1- -I~ -l- I-_ lIlo.. :, ~\\<,) '1- c,Y-- c,'<.\.-S \l-~~ '?~~ :,,'<.\l- 'II~ S'\\\.-\,; , J' . '~\Io ~.? ... </"l ." ..,t:.\. ~~.... , '.,,-~ '\.~' V'" ot1f. .<' ~\.';l.,ti ~ NOIS1l\ioens OOOM770N>z ,;, b- "' II . - ;; ;; " en III '~'I- 0.. >- 0::: 0 I- <( 0::: 0 -I 0.. X W ...... 0 III Z 0 !;( U 0 -I W l- e-' <( ::e a x :::> 0 0::: 0.. 0.. , <( I , , I ~!fl 0/.09 ~.:C'4:.d ";;., ..~., ,<" .. '" ~ '" I en '" .; Z .0 o -. ... TP-1 TP-2 .... o o ~ ... - 5 .. 5 c .. u.. .. ... "C C - ::T .s: :l - Q, ,... .. ..., Q 10 .. 10 .. - .... .... 15 15 .... LEGEND: COPXTES: ,... .... ,... ~ Sand and gravel "topsoil", silty 1. Exploratory pits were excavated with with vegetation and roots, loose moist, dark brown. a backhoe on August 27, 1999 . .... Gravel and sand, silty with cobbles 2. No free ground water was found ~ and boulders, medium dense to In our exploratory pits at the tlm. .... '.0: dense, moist, light brown. (GM, of excavation. Pits were backfilled, GP-GM, SM, SP-SM) Immediately after excavations were completed. .... F 3. These exploratory pits are subjec-t 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 ~ 25 HR. 45 MIN. 100 HYDROMETE~ ANALYSIS 7 CiR. liME .~EADINGS lS MIN. 60 MIN. 19 MIN. 4 MIN. SIEVE ANAL VS1S 1 ~IN. .200 '100 '50"40'30 '16 '10'8 '4 31a~ Ci..EAR SQUARE OPENINGS 3/4~ 1Yz" 38 5".6" S" o U.S. SiANDARO SEi'.:ES . .' ~ ~ ~ .~: ~ :: = ~ 3:: ~ :;~ ~ :: =: ~ ~ ~ ~ ~ ~ :: E :: :: :i~ ~ :: ~ ~ ~ ~ E :: ~ ~:~ : ,... - - - - -,... -.- - ... - - - '- - -'-'- - ::::::::=:_-,--------_::~:::,_::::::~_::'::=:_------~----- ------------.----.-------------------------------------.-- 90 - - - _. - ,... - - -. - 10 r- -,--------- --------- ,...,... _._.,... -,... - -. - - - - ,... - -,- - - - ,... - - - - - -:-,... - - -,...,...,... - - -,- - - - - - - - - - - - - - - - - - -. - - - - -, - - -.- - - -: - - ,... ,... - ,- ,... - ,... -.-' - - - - - ,... - ,... - - -.- - - ,... - - - ,... - - - ,- - - 20 80 ~---------------,------------------,...---:----------- ,- ,... - -' - ,... - - -' - ,... -.,... - - -, - - ,... ,... - - - ,... - - -.- - ,... - - .,. - ~ - - _.- - - .... - - - - - - ~:;:: - - : - : ,: : - - - - : : : - - ~: -'=:: : 60 ~----------_.__:~-_:~:_._._-~ ,-'- - 40 : .: .: .: : .::= : .:.::.: .: :;:::::: ~ ~ ~ :::::.: :: 30 0 w z ~ " . z w w ffi . ~ : : ::: .: ~ ~ ::.: :: ::: :: .: ::: : : : .: .: : E : : ::.: .: .: :: :: :: .: ;: : : :::.:: .: ::' : : .: : ;::: :::::::::: ::::.: :;: :: :::: ::::: E:: ::::::.: .: ::::::: ::::::; j ~_____ __, ------.-------_---1- _ _ _ ___ --,-~-,-- -,----- -,-------- ,... _ _ _, _ _ _ ~ _, _ _ _, _ _ _ _, _ _ _ ~ _ _ _ :- _ _ _:_ _ _ ...;. _ _ _ >- _ _ _ _ ....: ....: _ - - - - - - - - - -. - - - r- - - - ,... - -'-: - T" ~ : : :: - : - : ::: : ::: - - ::: : : : - - : ~ : : :;- - : : : - - =- ~ - : ': : --, ::; : - - - : : : :- - - -:: : : : - : : : - -:-:: : 70 f- - : :.- : - - _: : ::: - - ::: - : : - : : :- : - ::- - : : - - - - : : ::- - --! : : - - - : : : ': - : -: - : - : - : : ~ - -.-:: : -:::.::::=:--'----.------~----'----- -----'--~::---------_._---------.::::~ ---:---'-'--90 - - - - - - - - -, - - -, - - - -.- - - - - - - - - - - - - - - - ~ - - -,- - - - - - - - - - - - - - -. - - - - - - - ,... - -,-' - ,... -,...----~---------,--------- -------~---,--~-----,...----------~---...;.--'-'-- 10 '- - - -,- - - - -, -- r ,... _ _, _ ~ _ _ -, - - -, - - - -, - - - - - - - ;- - - -.- - - - - - - ...;. - - - ,- - -. - - - - - - - - ,- - - -, - - - ~ - - - r - - -: - - Or:: : :': : : : :: - - - - - : -:- : : : : : : :: - - ::- - - : - : - : : : : ,- - :: : - - : : - : - : - : ::: : - - : - : : - :'-.: : 100 .001 0,002 .-:105 009 019 037 074 .149 .297 590 1.19 2.02.38 4.76 9.52 19.1 36.1 76.2 127 200 0.42 152 DIAMETER OF PARTICLE IN MilLiMETERS CLAY (P!...-l.ST1C) TO SILT (NON-PLASTIC) FINE SANDS MEDIUM COARSE FiNE GRAVEL COARSE COBBl!:S Sample of From SAND. SLIGHTLY SiLTY (SP-SM) TP-1 AT 1-4 FEET GRAVEL 34 % SILT & CLAY 11 % PLASTICITY INDEX SAND LIQUID LIMIT 55 % .% -----=- % HYDROMETER ANALYSIS 25 HR. 7 HR. TIME READINGS 45 MIN. 15 MIN. 60 MIN, 19 MIN. 4 MIN. 1 MIN. '200 100 SIEVE ANALYSIS -- - _._----,- - -- ---,-- -- - --- -- - - - - - - --- --- -'-'-- - - --.-- - --,---- - - -,- - - - - --- -- -,- -- - - - -----.- - ---- - -- - -- -_.- ---------_._- U,S. STANDARD SER!ES '100 .50 .40 '30 '16 "10'8 '4 3/8" CLEAR SaUARE OPENINGS 3J4~ ,~" 3" 5"5" 8M - - - -.- - - - -. - - - - - - ~ - - - - - >- - - - - - - - - - - - - r- - - ..._ - - _...; - - _,_ - - _.'_ - - - - - - ,- - - -1- ~ - - - .;. -:- - - -'- - -..... - - - - - - - ,- - - -,- ,.. - - _, - - - - - - - _, - - - _'_ - - - - - - ~ - _. -1- _ ~ _ _ _ _ _ _ _ ___ _ ~ _ - - - - - - - - - - -.- 90 Co - -.- - -. ~ - - -I ----,...---'-- - - - - - - - -'-'- - __10 - - - _.- - - - -, - - -,- - - -,- - - - - - - - - - -.- - - - - - - - - - -.- - -, - - - - - - - ----------------,----------------------'---------- 80 - - - - -- 20 ::::::::::::::::::::::::=:::::::~:::::::'::~:::::::::: -,::::::::::':::: ---------------_._----------,---------------------- ----------------,-----------'----- ---,------------- 30 0 w Z 40 ~ " . z 50 ... ffi . 70 - - - - - - o z . ~ 60 . . z tj 50 ffi . ,... - - - - - - - - - - - - - - _.- - - - - - - - - - - - - - - - 40 - - - -, - - - -, - - - - - - - - - '0 30 70 .- - - _. - - - - -: - - - - - - -,- - - - - - -.,.. - - -, - - - - - .,. - - - - - - - - - - - - -, - - - - - - -. - - - - - - - - - - - - - - - - - -, - - - - - - - ,.. - - -' - - - - - - - - -,- - - 80 - - - - - - - - -, - -- 20 - - - - - - - - - - - -,- - - -;- - - - - - -.- - - -'- - -- - - ~ - - - - - - - - - - .:.. - - - ,- - - -, - - - ~ - -- -...;. - -'-, - - ,...---,--------,-----------,...---'--- - - - - - - - --. 10 --,---- -00 - - - - - - - - - - - - -.- - - - - - - - - .- - - -, - - - , - ::::::::: :::.: .:.:': :::,::::::: .:=::: :!::::.:::::.:::::::: :,~::::::::.: :'::::: ::.:.:.: =:= :::.:'::: :100 o .001 0,002 005 009 .019 037 .074 149 ,297 ,590 1.19 2.02.38 4,76 9,52 19.1 36.1 76.2 127 200 I 0.42 152 DIAMETER OF PARTICLE IN MilLIMETERS C:..AY (PLASTIC) TO SilT (NON-PLASTiC) FINE SANDS MEDIUM COARSE FiNE GRAVEL COARSE COBBLES Sample of. From GRAVEL. SLIGHTLY SILTY (GP-GM) TP-1 AT 8-12 FEET GRAVEL 50 % SILT & CLAY 7 % PLASTICITY INDEX Gradation Test Results SAND LIQUID LIMIT 43 % -% ---:- % JOB NO. GS-2792 FIG. 3 ,... .... ~ ,... 2SHR. 45 MIN. 100 7HR. 15MIN. HYDROMETER ANAL VS1S TIME READINGS 60 MIN. 19 MIN. 4 MIN. SIeVE ANALYSIS 1 MIN. 'ZOO '100 U.S. STANDARD SERIES ':0 '40 030 '16 '~:.S "4 31'" CLEAR SQUARE OP!:NINGS 314" m- 3" 5"6" S. o "- - - - -,- - - - -'- - -.- - - - - - - - - - - - - - -;- - - - - - -,... - - -;- - - -.- - - - - - -,- - - -r- -- - - - -, - - - - -. - - -'- - - -.- - - - - ,... - - - - -.- - - - - - - - - - - ,- - - - - - - - - - ,... ,- - - -, - - - - - -, - - - - -, - - -.- - - -.- - - - - - - - - - -.- - - - - - - - - - - ,- - - - - - - - - - -.- - - -,- . . , , - 90 so 70 0 z ~ 60 < . z w 50 u . w . 40 30 20 10 10 ,;' ;;;, mmi m;;,',;; ,;m;;,;;'; ,; ~ m;,,;';l, :l" 'I;. ,mi; i: ! :: =_:::::: :::: - -._- :::::::::::: ::=-- -,- - - - - - - - - - -.- :: ::: ::_E::: =!_: :::: ::_ :::1: E ~ '----:----~---~----'---.:..-------,-----------I- ---------,--- .---~-------,-T'" ~ ~ ~ ~ ~j ~ : ~ ~ ~ ~ ~ ~i~ ~ ~ ~I: : : ~ ~ ~ : : : : :: : : : ~ ~ : ~ ~ - _: ~ :: ~ ~ ~ ~ ~ ~ ~ ~.~ ~ : ~: ~ ~ ~ g : ~ ~ ~ ~.:!~ f:: ~ ~~~~~~~~~~~~~~~~~~~~~~~:~~~~~~~~~~~~~~~:~~:~~:~~~~~~~~~~~~~~::~~~:: : ; ~ ~i:: ~ ~ ~ ~ ; = =i: : : ::: : : : : : : = ; ; ::: : :: ~ :: :: ~ ~ :: ~ ~:~:: ~ ~ :: :: ; ~ ~ ~ : ~ :: ~ :!: ~ ~ ~ :: ~ ~ ~ :: ;:~i~ E 90 - - - '- -- -'- - - -----~----I-.- - - - - - - - __.__ - __ - - __ - _:_ - - __ - _.;. - - _;_ - - _,_ - - ~ - ___ - _,_:_-:- o : : : ::: :: : :: : : :,: : : :!: : : :: : : :: : : ::: : : : : : : ~ ,= ::;: : :: : : : : : : :::: : : :!: : : : : : : : : =:=)= : 100 .001 0.002 .005 .OOS ,019 .037 .074 .149 .297 590 1.19:":J 2.38 4.76 9.52 19.1 36J 76.2 127 200 0.42 152 DIAMETER OF PARTICLE IN MJLLIME,ERS - FINE SANDS MEDIUM ::~RSE FINE GRAVE!.. COARSE COBBLES CLAY (PLASTIC) TO SILT (NON-PLAST1Cj - Sample of From SAND. SIL TV (SM) TP-2 AT 4-6 FEET Copy GRAVEL 30 % SILT & CLAY 13 % PLASTICITY INDEX SAND LIQUID LIMIT 57 % -% ------=-% - 25HR. 45MIN 100 7 HR. 15 MIN. HYDROMETER ANALYSIS TIME ReADINGS 60 MIN. ~9 MIN. 4 MIN. SiEVE ANALYSIS 1 MIN. "ZOO U.S. STANDARD SERIES '100 "50 "40 "'30 .16 .~~.3 "' 3JS" CLEAR SQUARE OPENINGS 3J4~ lYt" J" 5"6" S~ ,... ---,----- _. ---,------- --------- -'---'-- --- ----, -'-- - ---_. 90 = = = :!= : = : ::: : :::: :: :: :!: = = = = = = = :: = ::: : = = : = = = = = = :::: = :: = : = = :: :: =:: : : :' = :: = :: = = :: :: :: :::,:: ~ 10 - - - -.- - - - - - - -'- - - -.- - - - - - - - - - - - - - - - "'- - -' - - -.- - - - - - - - - - -;- - - -, - - - '- - - - - - -'-. - - - - - -, - - - - -, - - -'- - - -: - - - ..:. - - - - - - _:- - - - - - - "'- - - -.- - - - - - - - - - - ,- - - -, - - - "'- - - - - - -,-' - ~ - 0 z " . ~ . z -- w u . w . - 70 - - - -. - - - - -, - - - - - - -, - - ----,--- -~--'--------------_._----------,--------------_._---------,--"'- - - - -, - - - - -, - - -, - - - -.- - - - - - - '- - - -, - - - - - - - - - - - ,- - - - - - - - - - - :- - - -. - - - - - - - - - - _. - ~ 60 - - - -.- - - - -, - - -,- - - -.- - - - --------- - - - - - - - -- - - --- - - ----- - -- - - -- - ---- ---- - - - - - - - - -'- - - - - - - - - - - .-' - - - - - - - - - - - - - -, - - - - - - - - - - -, - - ;; ~;;;;; ;:~;;;;;;;; ;;:=;; =; ~;;; = ;.= =; ;i;;; = =;;;; =:;:; ;30 ~ 40 ~ . z 50 w " W . 40 :. : :. :.::. :. : : :' : : ::: : : :.:: : : : :: :. ~ : : :: : : : : : : :. : : : :. : : : :. :. : : : : :. i:. :. : :. :. :. : :. : : : : : :'::: :: _ _ _ _ _ _ _ _ _, _ : :. :. :. : :. : _ : :. :. : :. :. _ _ _ _ _ _ : :. :. ,: :. :. :. _ _ _ _ _ _ __ _ : ::: : :. _ _,_,:. ;: 60 50 - - - -, - - - - - - - - - - - -, - - - - - - - - - - - - - - - - - - - - - -._ _ _ _ _ _ _ _ _ _ _ ,_ _ _ _. _ _ _ _ _ _ _ _ _ _ _. _ _ - - - -.- - - - -- - -,- - - -,-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,- - - -, - - - - - - - - - - -. - - - - - - - - - - -, - - - - - - - - - - -'- - - - - - - - - - - .- - - -, - - - - - - - - - -.-. - - .- - - -. - - - - -, - - - - - ~ -: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -:- - - -, - - - - - - - - - - -, - - 30 - - - -. - - - - - - - -, - - - -,- - - - - - - - - - - - - - - - - - - - - -:- - - - - - - - - - -.- - - -: - - - - - - - ~ - -'-: - .... 70 ----, ------ ,- -'-- ----- -- -- - ---.-------- -,--- .--- --- --.-- - - - -1- _ _ _ _'_ _ _ _ _ _ _,_ _._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _:_ _ _ _ _ _ _ _ _ _ _,_ _ _ _;_ _ _ ~ _ _ _ _ _ _,_,_:... - - - - - - - - -, - - -, - - - -, - - - - - - - - - - - - - - - - - - - - - - '- - - - - - - - - - - ,- - - -, - - - - - - - - - -,-' - - - - - -, - - - - - - - -. - - - -, - - - - - - - - - - -' - - - - - - - - - - -;- - - - - - - .... - - - :- - - _. - - - - - - - - - - -, - - - 20 - - - -; - - - - - - - -, - - - -, - - - - - - - '- - - -, - - - ..; - - - - - - - '- - - - - - - "'- - - - ,- - - -: - - - - - - - - - -. -:' - .:- SO ---i-------_ ___ ______ _ ____________ _____ ___________ ____ - - -. - - - - - - -! - - - -.- - - - - - - - - - -,- - - - - - - - - - -'- - - - - - - .... - - -:- - - -, - - - - - - - - - - -, - - 10 :.::. ::::::.:::: ::::: :i::::::.: =:: ::::::::::::. :-:: =::::::: :~::: :.::::.:::::: :,:i: =90 o~~~~:~~~~~~~~:~~~~i~~~~~::::~~~~.~~~:~~~~:~~~~~~~~::~~~~~:~!~~~~~~::~~~:::~~100 001 0.002 .005 .009 019 .037 ,074 .149 .2970.42"590 1,19 2.: 2.38 ~.76 9.52 19.1 36,1 i6.2 12;52200 DIAMETER OF PARTICLE IN MILLIM:::;:;;lS - I CLAY (PLASTIC) TO SILT (NON.PLASTIC) I I FINE I SANDS MEDiUM " I I ::ARSE I FINE 1 GRAVEL COARSE J I COBBLES I - Sample of From GRAVEL SILT & CLAY PLASTICITY INDEX Gradation Test Results % SAND % LIQUID LIMIT % % % - JOB NO. GS-2792 FIG.4 NOTE: NOT TO SCALE ROAD SURFACE . WELl. COMPACTED BACKFILl. SANITARY SEWER 6 INCH DIAMETER. SCHEDULE .40 PVC WITH SlOTS ON UPPER HALF. SIZED FOR ANTICIPATED FLOW. CLEAN. WASHED GRAVEL (ASTM <:33, NO. 57 OR 67) NOTE: DRAIN SHOULD BE SLOPED TO A POSITIVE GRAVITY OUTFALl. TYPICAL SEWER UNDERDRAIN DETAIL Job No. GS-2792 Fig. 5 ... ,... - ,... - - - - ,-. - - - - .... - - - ,... .... N - W ...J aJ ~ (/J 0> t- N ,;, I <.:) I d Z I CD I 0 Z ,- ..., 0 ~ ~ ~ <.:) u C. u: (/) (jj c. S? (/) ~ >- <C ~ >- ..J ..J I u ..J (jj ..J (jj >- 15 !::; ..J (/) >- ~ ~ >- (5 ~ (/J I C!l ::; ~ I- ::; (/) (/) ..J- ..J ...J 6 UJ (jj :::l Z ~ 6 en - <C 0: Z <.:)0 (/) C!l ~ W ZOUJ 0::: U)N>- U)Ol..U~ ;: <C (/)- t- "" I- o.Z - (/J UJ(/) W ..JUJ 1- co>- I- ",<C ~ ..Ju. 0..J >- (/):0 0::: (/) oUJ 0 UJ>I I- Z(/)>- u.(/)C!l <( zwzu. Oo:wU) I ,. 0::: ua..o::e:. 0 z:;;>- I '"' ")M "'O(/) aJ u I>.. <( ~~ .. I ...J :;; UX ..J f-~~ u.. C!l ~z- 0 0: ..J UJ a. co >- 0: 0>- I UJ 0::: ~ '" - a~~ <( <C ..J- ..J :E ..J ..J :E UJ $: e: :::l (/) ..J I <C >- I 0:>- >- "'0: (/)u. ~o ZU UJa. Z 0 ..JUJ <CO: 0::0 :0>- '^' en >-(/) ~ M "" t- <Co '" z:;; N I >- >- I I a. UJ ..,. N UJ UJ - <0 0 u. dJ -+ C!l Z I 0: - 0 c. ' N CD f- jg: C. >- I I I I I I '0 - . il' a. IC;-rli I B=l I APPENDIX A GUIDELINE SIC~IR ~CIFICATIONS STILLWATER RANCH Pitkin County, Colorado MICHAEL FULLER ARCHITECTS STILLWATER RANCH CTUT GS-2792 - 1:[1 ... - GUIDELINE SITE GRADING SPECIFICATIONS STILLWATER RANCH PITKIN COUNTY, COLORADO - 1. DESCRIPTION - This item shall consist of the excavation, transportation, placement and 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 .... Engineer shall 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 shan,r;Q~les, brush and rubbish before excavation or fill placeme~ Contractor shall dispose of the cleared material to provide the Own w 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 less.than 95 percent of maximum density as determined in accordance with ASTM D 698. ... .... - MICHAEL FULLER ARCHITECTS STtllWA TER RANCH CTLJT GS.2792 A-1 ~ 6. FILL MATERIALS Fill soils shall be free from vegetative matter or other deleterious substances, and shall not contain rocks having a diameter greater 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 determine the optimum moisture content for the various soils encountered in 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 water on the fill surface. The Contractor may be requJ.r4!:l to rake or disc the fill soils to provide uniform moisture content through ~OO p Y The application of water to embankrmmt materials shall be made with any 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 STILLWATER RANCH CTUT GS-2792 A-2 ... ,... ~ - Compaction as specified above, shall be obtained by the use of sheepsfoot rollers, multipie-wheel pneumatic-tired rollers, or other equipment 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 deeper than 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 cected by means of sheepsfoot rollers or other suitable equipment. Comp ctio~~hall be continued until slopes are stable, but not too dense f .. here is no appreciable amount of loose soils on the slopes. Compacti n 0 slopes 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. DENSITY TESTS .... 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 Engineer shall 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 CTur GS-2792 A-3 ~ the placement offill and observe compaction operations will be at the expense of the owner. 13. SEASONAL LIMITS No fill material shall be placed, spread or rolled while it is frozen, thawing, or during 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 Contractor shall submit notification to the Soils Engineer and 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 SI IV Density tests made by the Soil rJineer, 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 Engineer shall provide a written declaration stating that the site was filled with acceptable materials, and was placed in general accordance with the specifications. MICHAEL FULLER ARCHITECTS STILLWATER RANCH crUT GS-2192 A-4 I .:- - .- , .- -. . -j ." , - . - f' - - -, l; - f - I f {" f f fj - .- - Stillwater Ranc Subdivision/PUD Conceptual Submission Affordable Housing Project .ROCK CREEK TUDIO 36NortI\__, CuOOn<We,~doBl623 v'.l70.Ml5.1971 mO,lle3.lGU -- ... ENGINEERS SURVEYORS (970) 925-6727 ... FAX (970) 925.4157 SG M SCHMUESER GORDON MEYER P.O. Box 2155 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: !"" Aqreement - 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. .... Enqineer - 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 I Pitkin Housing Authority. II!lIIlIi 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 SCHEMATIC UTILlTf PLAN and include the following: .... 118 West 6th, Suite 200' Glenwood Springs, Colorado' (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 I 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. Doas shall be prohibited from the construction site. .... 3. Contractors shall encourage carpoolina of laborers to the construction site to minimize related traffic on the Stillwater Road. - 4. Contractors shall adhere to the requirements of the Fuaitive 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 1his 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 Maanesium Chloride - Constituents Percentaae bv Weiaht .... Magnesium Chloride Sulphate Potassium, sodium, calcium Nitrate Approximately 28%-36% 2.5% Less than 1 % -0- .... - 2.02 Soil Retention Coverina 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 a result of construction shall be controlled at all times within the subject property. 3,02 Waterino. 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. 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 square yard. The surface shall be re-sprayed until complete coverage is attained. 3.04 Vehicle Speed Control Construction vehicles and vehicles transporting excavated materials on the Stillwater Ranch common roads or private access drives shall not exceed 20 miles per hour. 3.05 Reveoetation 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 30%. 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. ... JHljh 92Q49CMP ... ... ... ... ... ... ... ... ... ... ... !""""I ... SCHMUESER GORDON MEYER. INC. State Department of Highways Division of Highways State of Colorado Standard Specifications for Road and Bridge Construction 1991 No........... ... .... CONSTRUCTION REQUIREMENTS 21::1.03 (a) Hay or Straw Mulching. After seeding has been completed, hay or straw shall be uni. formly applied at the rate designated in the Contract or 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. 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 q uan. titles 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. 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 at the rate designated 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 minimum length of eight inches after bend. ing. The bar of the "T" shall be at least four inches long with the single wire end bent downward approximately 3/4 inch. CONSTRUCTION REQUIREMENTS 216.03 (a) Excelsior. The area to be covered shall be prepared, fertilized, and seeded in accordance with Section 212, before the blanket is placed. When the blanket is unrolled, the netting shall be on top and the fibers shall be in contact with the soil. In ditches, blankets shall be unrolled in the direction of the flow of water. The end of the upstream blanket shall overlap the buried end of the down. stream blanket a maximum of eight inches and a minimum of four inches, forming a junction slot. This junction slot shall be stapled across at eight inch intervals. Adjoining blankets (side by side) shall be offset eight inches from center of ditch and overlapped a minimum of four inches. Six staples shall be used across the start of each roll, at four foot intervals, alternating the center row so that the staples form an "X" pattern. A common row of staples shall be used on adjoining blankets. (b) Jute. The blankets shall be placed imme- diately after mulching operations have been completed, in each location that jute mesh is specified. The blankets shall be applied smoothly but loosely on the soil surface without stretching. Workers should avoid, as much as possible, walking directly on the seedbed either before orafter the jute is applied. The upslope end of 200 216.&" each piece of jute mesh shall be buried in a narrow trench six inches deep. After the jute is buried, the trench shall be tamped closed. -I Where one roll of jute mesh ends and a second roll starts. the upslope piece shall be , brought overthe buried end ofthe second roll I so there is a 12 inch overlap to form a junco -. tion slot. Where two or more widths of jute mesh are applied side by side, an overlap of at least _ four inches shall be made. Check slots shall be made before the jute J mesh is rolled out. A narrow trench shall be . dug across the slope perpendicular to the direction offlow. A piece of jute, cut the same length as the trench, is folded lengthwise. The fold is placed in the trench and the trench is tamped closed. The portion of the jute remaining above ground is unfolded and laid flat on the soil surface. Check slots shall be spaced so that one check slot or junction slot occurs within each 50 feet of slope. Overlaps which run down the slope, out- side edges, and centers shall be stapled on two foot intervals. Each width of jute mesh shall have a row of staples down the center as -- well as along each edge. Check slots and junction slots shall be stapled across at six inch intervals. For extra hard soil, sharp pointed hard- ened steel three inch fence type staples shall _1_ be used. The blanket shall be spread evenly and smoothly, in contact with the seeded area at all points. It shall be pressed into the soil 201 . ! - .... - 216.01 - SECTION 216 SOIL RETENTION COVERING DESCRIPTION 216.01 This work consists offurnishing, prepar. ing, applying, placing, and securing soil retention covering for erosion control on roadway ditches or slopes as designated in the Contract or as directed. .... i- MATERIALS .... 216.02 (a) Covering. Covering 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 biode. gradeable, non.toxic to vegetation or germi. nation of seed, and shall not be toxic or injur. ious to humans. 1. Excelsior. The blanket shall consist of a machine pr~duced mat of curled wood excelsior of 80 percent, eight inch or longer fiber length with consistent thickness and the fiber evenly distrib. uted over the entire area of the blanket. The top side of the blanket shall be covered with a biodegradable extruded plastic mesh. The blanket shall be made smolder resistant without the use of chemical additives. - ... .... - Width: Length: Weight per sq. yd.: 48" i 1 inch 180 feet avg. .875Ibs. t 10% .... 198 .... - ... .... 2. Jute. The blanket shall consist of heavy jute mesh of a uniform open plain weave of unbleached, smolder resistant. single jute yarn. The yarn shall be of a I. ,osely twisted construction having an ''''erage twist of not less than 1.6 turns per inch, and shall not vary in thickness by more than 1/2 its normal diameter. The jute mesh shall be furnished in approxi. mately 90.pound rolled strips and shall meet the following requirements: Width: Length: Weight per lin. yd.: Warp ends per width of cloth: Weft ends per yard: 48" t 1 inch 75 yds. 1.221bs i 5% 78 41 3. Plastic Mulch Netting. Netting shall be an extruded polypropylene or other approved plastic material, extruded in such a manner as to form a net with 3/4 inch minimum square openings. The net. ting shall be furnished in rolls to meet the following characteristics: Width: Length: 48" minimunl convenience lengths, 50 yds. min. 2.6lbs. per 1,000 sq. ft. minimum Weight: (b) Pins and staples shall be made of wire 0.162 inch or larger in diameter. "U" shaped sta. plea shall have legs eight inches long and a one.inch crown. "T" shaped pins shull have a 199 - - - I - - . ... " - L " - 4 ,_ OJ , .. - , - , . rr~ -; ,l - I - , - , . - f Stillwater Ranch SubdivisionfPUD Conceptual Su bmission Affordable Housing Project -- -J/,- , ',; ~ ~- , , " ...... t ..... 0" ....... ...... c.'<l'" ... "... 0'-"~ ~ ~~": 'Ii ....... ", ><". g;'" .....-4 _e..<":; "', -'-' - ',."... Vi''". -::"':; .,~ .~.,: :,..o:,\.>i -'ji,::r -' ~~ '~:l' 0. ~ ,. "p., G ," , ~, C(.l I"I'~\. ~ \U ~~ - . ~~"i-' ."". ' .......~-: : .~ '. <t: '~"::, '''-_<;0,' ~~ , '. "" ~ , .. ROCK CREEK STUDIO 36 North rOUrln St,,,,, Cmxu,dAk,CoIondo81h:l3 0970.9;;3.1911 f970.9113.16Z2 """,,,.OlU.<om I - - - ,.., - ,... - ,... - - - .~ ... - - - _. - - Q.l Oi:'r\;,:~~ I~. ; \ I.. .....~ . i/ i- D. -. of _,' 1~~" "Ul ".J j",,,.., "n '" [ ..J, /.,... 1::-;t ('cCr..-.. .. vC I'." I .:,c'J ,..- .... S-,\',r: '..':...' " :.:;" ','" "',",:'r- J~.i '- t!.. L: ~IL r." 1--. i c: ASSOCIATION "L uf!i\OQ ARTICLES OF INCORPORATION STILLWATER RANCH OPEN SPACE 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 ~ 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 perpetual. ARTICLE III Purooses 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 Covenants"), and to perform all obligations and duties of 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 the 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 following: (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 set forth in the Proteceive Coven~~ts, together with all waeer and ditch rights thae may be owned from time to time by the Association, including bue noe limieed to the Association's righes in the Nellie Bird Ditch, Priority No. 28~, appropriaeion date June 9, ~885, adjudicaeion date August 25, 1936. ' (b) To install, maintain, repair, improve, operate and reolace as necessary or appropriaee all ponds, ditches, headgates, waterfalls, irrigation and aeration systems, and other waeer colleceion, distribution and delivery syseems, facilities and eO".lioment now or hereafter located upon or serving the Open Space Parcel. (c) To irrigaee, seed, fertilize, harvest, and otherwise imorove, maincain and orotect the meadow oortion of the Ooen Space Parcel, with the primary objective of preserving and enhancing che use thereof for the pas curing of horses. (d) To construct, improve, maintain, repair, operate and replace such agricultural, horse pasturing and .other open soace struccures, imorovements or facilities on the Ooen Soace Parcel, including wichoue limitacion fences, corrals, barns, sheds, and stables, as the Board of Directors may determine to be necessary or appropriate from time to time. All such improvemencs shall comply with applicable provisions of the Pitkin Councy Land Use Code, and shall receive such approvals as may be required pursuanc thereco. (e) To imorove, maintain and reoair the access road from Ute Avenue to the extent necessary or-appropriate from time to time to serve the Open Space Parcel, and any underground utility service lines within the Open Space Parcel that serve the Open 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 of its purposes, but not otherwise, the Association shall have the following powers: - - - ,... - - - - ~. - - - ,... - - - - - - 1. All of 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 of the Association under the Protective Covenants (terms which are defined in the Protective. Covenants shall have the same meanings herein unless otherwise defined herein), including, without limitation, the following powers: (a) To space uses limitations Covenants. determine' from time to time the for the Open Space Parcel, and guidelines contained in appropriate open subject to the the Protective (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. the provisions of the Protective to the use and enjoyment of the Open (c) To enforce covenants that pertain 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 private. (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 provisions of these Articles of Incorporation or the 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 the power 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 wi th 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/POO. ,.... - - ..... ,.. 5 - ARTICLE IX Initial Reqistered Office and Aqent 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 of a director to the Association or to its memb"rs 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. ,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 wanton 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 Jl.ssociation with respect to any breach, act, omission, or transaction of such director occurring prior to the time of such repeal or modification. 6 ... .... .... ... ... is: ARTICLE XII Incorporator The name and address of the incorporator of the Association Name: Address: Amy Waters Holland & Hart 555 Seventeenth Street Denver, CO 80202 - .... - - - .... ..... - .... ... .... ... - 14721. - Executed this 3c7m.- day of '--y,r,,"-1 cc, , 1995. a'r'r-V~uJCr'~ Amy Waters 7 - - -, .. D f ',.... . i' ~ ~ n , ~ , - " - . .n -. , - - I ~ .1 - , I -. , ' u.' :~ .."~-:-:' '~~: f.," '.,''( .,.'.., h.". 'o.,..J'.' "'-", ,..-.,,- '~Q; ,'~iJ;;~:. '''. .., .;.~".., . . B'o"'''' ~;"".<:\! ", -- ...,.,~(.:.~ ,;.;' 'i~'" ~. '....- - ~\". ."~~" . ",",'" :::: "".'. " ,-"':$:~~?1.0'".:,. tti~~~~';r1'ti>;;~' ~(~ ;".J,i~~,~".,-,-.".:'Io~' ,J! *"'l't.:f-,~~T"J.:,\:'M~ ;'-:i&-~:'<;:>~'~",~ r~ ~-, 'h' ;.E~'''' 'i,I~4' ....r".\; "'.I.',,.L\"_" ;'~ .'~'~' ""';;~~ ;~,~' " ~~ ,,~,. ~~.- V'.>} , . f~~ '"r~~~~"i ~,,;-!kt\'"', .~"iil1~~~~'~ ~,~"",.,~~ . . "C'''''.~, . ~~ "'J~~~.,._..,j ~,.. ,. '''''@I~ ..iiIii.~{i ...." -~. -y-,' '. ,~ . - '. ,. _.~ . , ...;,~"cn~".^'.; ,~_}::;: -' < ',,, -..,.'" ,,-'.'"-, ,- ".,.. " ,.,.\"'" N"" \1,: .~:l:J~}.~'~" . . ,'" :~:iP' -, '5j."'.r1i'1Ji.t".,;<Y t ;;::~~;;-, .,. ~'??(/~~.~'.. ......e.:;<>"....j;.~ '," !;, '-.' ,'>J:""l".,.,"it r.',-. ;" ,:~:;>"~\,,,:, :'~ ~f;'~1~~~f~~~~ ,__, '. '-',~. ....\~,'f,,1iI.;'.., . -- '~""" -', ,-~. , ;.~~ 1,'- '.','; ,~:,;,~,... , . '.;' .:-~.<,*-, ';,-, '." ..'i~. ~ '",'. ~.," Sti water Ranc Subdivision/PUD Conceptual Submission Affordabie Housing Project .. ROCK CREEK STUDIO 36No1'thfOUJ1hStr<et eath>nda",C<>londo81(;23 r.l70,~3-I971 f970_9il~.1(i2Z www-"'ou.om ... ... .... .... ... ... .., - ... BYLAWS OF STILLWATER RANCH OPEN SPACE ASSOCIATION (A Colorado Nonprofit Corporation) - ... .,..... Effective as of March30, 1995 .... ... ... ,... .... ... - I, BYLAWS OF STILLWATER RANCH OPEN SPACE ASSOCIATION TABLE OF CONTENTS ARTICLE I: Offices. . . . 1. Business offices 2. Registered Office ARTICLE II: Members 1. 2. 3. . . . Classes of Members voting Rights . . . suspension of Membership and User ARTICLE III: Meetings of Members 1. 2. 3. 4. 5. 6. 7. 8. 9. Annual Meeting Special Meetings '-. Place of Meeting Notice of Meetings. Informal Action by Members Quorum .... proxies . . . . . Manner of Acting voting by Mail ARTICLE IV: Board of Directors 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. , ARTICLE V: 1. 2. 3. General Powers . .. ., Number, Tenure and Qualifications Regular Meetings special Meetings Notice of Meetings QUOrUIll . . . . . Manner of Acting vacancies . . . Compensation . . . . . . . Informal Action by Directors Meeting~ by Telephone . . . Officers Officers Election and Term Removal . . .'. . of Office . . . . . Rights .' . ' Page . . 1 1 1 1 1 2 3 3 3 4 5 5 6 6 6 6 7 7 7 7 8 8 8 9 9 9 9 10 10 10 10 11 11 . .... . ... Paqe 11 11 12 12 13 13 14 :J.4 15 15 15 . . 15 . 16 16 16 16 17 18 18 20 vacancies . . . President . . . Vice President Treasurer . . . Secretary . . . . ' .. Assistant Treasurers and Assistant Secretaries 4. 5. 6. 7. 8. 9. ... ... ... Committees ARTICLE VI: 1. Committees of Directors 2. Other Committees 3. Term of Office 4 . Chairman 5. 'Vacancies 6. Quorum 7. Rules.. - ... ... ARTICLE VII: Assessments and Liens Levied by Board of Directors Liens . . . . . . . . 1. 2. .... ARTICLE VIII: Indemnification ... Indemnification Limitation l. 2. .' ARTICLE IX: Contracts, Checks, Deposits, Gifts and Proxies 21 ... Contracts . . Checks, Drafts, Etc Deposits Gifts . Proxies 1. 2. 3. 4. 5. 21 21 21 22 22 ... - ARTICLE X: Books and Records 23 ARTICLE XI: Corporate Seal . ARTICLE XII: Waiver of Notice .... 23 23 .... ARTICLE XIII: Amendments to Bylaws 24 ... - .... -ii- ... . . ~ BYLAWS OF STILLWATER RANCH OPEN SPACE ASSOCIATION (the "Association") (a Colorado Nonprofit Corporation) ARTICLE I Offices 1. Business Offices. The principal 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. Reaistered 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 col~rado 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 Associatiqn 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, 1~94 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. Votinq Riqhts. Each member shall be entitled to on~ I 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 anyone of the multiple owners 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 Riahts. 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 memberts 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 o,f the Association or any rule or regulation I adopted by the Association, after notice to the member and an -3- .... . .... 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 ..., Meetinas of Members 1. Annual Meetina. 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 adj ournment thereof, the Board of Directors shall cause the election to be held at a special meeting - of the members as soon thereafter as conveniently maybe. 2. special Meetinas. I . Spec~al meetings of the members - - -4- ... , , may be called by the president, the Board of Directors, or at least two members. 3. Place of Meetinq. 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'ed ,office - of the Association in the State of Colorado; but if all of the members 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 Meetinqs. 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 , I 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. Ouorum. Except as otherwise provided in the Articles of Incorporation or in these Bylaws, tEe 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 Actinq. 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 1:?e necessary for the adoption thereof unless a greater I portion is required by law or by these Bylaws. -6- 9. votinq 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 or the Association. 2. Number. Tenure and Qualifications. 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 I. . affirmative vote of a maJor~ty of 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. Reqular Meetinas. A regular annual meeting of the Board of Directors shall be held without other notice than this bylaw, illllllediately after, and at the same place as, the annual meeting of melllbers. 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. Soecial Meetinas. 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 Meetinas. 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 not~ce is given either (a) by 1 depositing a written notice in the United states mail, postage -8- " " '-"", 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 Actinq. 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. Comoensation. Directors as such shall not receive any stated salaries for their services, but by resolution of the 1 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 Boardj 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 tne action so taken, shall be signed by all of the Directors. 11. Meetinas bv Teleohone. 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 o,f 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 I desirable, such officers to have the authority and perform the -10- " duties prescribed, from time to time, by the Board of Directors. :p-nY,two or ,more offices ma~ be held by the same person, except the offices of president and secretary. Association shall be elected annually by the Board of Directors at the next regular meeting of the Board of Directors following the 2. Election and Term of Office. The officers of the annual meeting of the Board of Directors. If the election of officers shall not be held at such meeting, such-election shalt 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. death, resignation, removal, disqualification or otherwise, may be 4. vacancies. A vacancy in any office because of filled by the Board of Directors for the unexpired portion of ,the term. executive officer of the Association and shall in general supervise 5. president.' The president shall be the principal I and control all of the business and affairs of the Association. He -11- ,... y ,... ~ 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 t.o time. 6. Vice President. In the absence of the President or ,... in event of his inability or refusal to act, the Vice President (or - ,... r- 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 duti~s 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 securiti~s of the Association; 1 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 tl:le 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 'the 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 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 Secret'ilry 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 dete+mine. The Assistant Treasurers and Assistant secretaries, in general, -D- 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 mem1:>er 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 .... . - - - .... .... ... - .... - .... ... - 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 L 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 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 1 delegation thereto of authority shall not operate to relieve the -14- . 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 Association 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, members. 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. continue as such until the next annual meeting of the members of 3. Term of Office. Each member of a committee shall the Association and until his successor is appointed, unless the committee shall be sooner te~inated, or unlesS such member be removed from such committee, or unless such member shall cease to qualify as a member thereof. appointed chairman by the person or persons authorized to appoint the members thereof. 4. chairman. One member of each committee shall be committee may be filled by appo~ntments made in the same manner as 1 provided in the case of the original appointments. 5. vacancies. vacancies in the membership of any -15- .... of the Board of Directors designating a committee, a majority of the whole committee shall constitute a quorum and the act of a - , ~ .... .... .... "" ... - 6. Ouorum. Unless otherwise provided in the resolution 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 r- 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. 1 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 uiltil 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- - ~ > - -, 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 jUdgJllents, 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 Artic~es of Incorporation. - . -18- , " .. . , 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: Nonprofit corporation Act as it exists on March 60, ~995, the date this article is adopted, and as the colorado Nonprofit corporation A. Act. The term "act", means the colorado Act may be thereafter amended fro~ 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. -~9- .... " - '. B. Director or Officer. The term "director" or -"officer" means (a) a director or officer of the Association, and - - - - - ,.. .... 1"" - - - !'- .... - - - (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. Proceedina. 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 o~her 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 ext~nt that any such I 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 othe=wise 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. Deposits. All funds of the Association shall be deposited from time to time to the credit of the Association irl -21- - . ... ~ 1 - ,.... .... - - - - ... - - ,... - ,... !"-' . .. 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 or 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 securities 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 corpora~ion, 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- ... T--" J .' ARTICLE X Books and Records records of account and shall also keep minutes of the proceedings The Association shall keep correct and complete books and 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 cortlorate Seal approved by res~lution of the Board of Directors. said seal may be The corporate seal shall be in such form as shall be used by causing it or a facsimile thereof to be :.::Ipressed or affixed or reproduced or otherwise. The impression of the 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. 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 Inco~poration or the Bylaws of the 1 Association, a waiver thereof in writing signed by the person or -23- . - ri .Ail :. rP .... - 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 Bvlaws ... - 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. 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- - . - - - - - - - . - . - I .'1 - , I -, I -, I -, I - , - Sti water Ranch SubdivisionjPUD Conceptual Submission Affordable Housing Project . .. - - - l - ~,t( ;[ " '''> cJ'~,:>lI!" ~I'.';,. .,:; "0' 't ,'<k" . . ,~ ^ ~. '., , ",,_, ", ,I "' iltl~ ~ .~' iil:',.\"::'" ,'., ~,,: i!!j...... ,~;t ..., " '.;~ l ~~tj;,''lt~~i4i~i:_~~1 ",', \ ~";I~~ ''1-'. .Il!""'1iI"''';\IO' U1t.t"liln:~- ~" .~~ ~,;J''-J.!' ~":~"llli'i~ ~ ,j ~ "'~~'"""~J,i" '>ClM'J ~' _1i(jJ"1";'''f.,:,,:, i,,~, O:i')}~,f~ ~'I,d;" ",*ii" ., '>" ..'l.1~ ',< 1.;" ~(.""~' ". ",'\[~. ,'IA:,,' ,. ",,,,,,,,,,":JI' -<~, ,,;;~~ t"~;''', . .~.' '~", -:i'w<"". . ,,- ". '~'1"'1:,~,'~~,~~~1<1 ii',:<"",..'t,.'4:',I, .' j"i't[., j"H'~" ." - .~: " ",,--;.. '~''t, .. ll,"M., "~l' ". ,), ~!i_", .'" , ,- 'f,.-" .'Jr, iW'~y ,~;;.$:: _,_ ',. ,.., on' _Jj:, , I,~'" .".'. ~J '''~!'r", ,.", "~,~ ;, ':.:',c,YI\\, '! " " ." ROCK CREEK STUDIO ~6NorI!lfilurlhStreel ~Colocodo81623 v97C.9G3.1971 f97(l.%3,1622 www,oWt.oorn ~ - - - - - , I I- I - - - ." f ~ ,- - . - I ~ - , -. ., ~ ~ - , Sti lwater Ranch Subdivision/ PUD Conceptual Submission Affordable Housing Project ,~,. ,,~~,,~c,<:,':r,;~ 'fk':{~~:;-;-~: ""', '-1> '.:;:- -, ,;'. ~<"~(.. ,.< '" :,\.~"\:~~".J~ },.. ./::,-<<iJ'''' ...: ~""'r..~ ,~"-" "0' ~:t~! ,~, , i ~. -. ~ '" .........', ~ ~. . ;;.;..~.;,,:.t?r~~~'" -",'.'~i!ii '('1;"1 ,-""-'~'" ~'~'i"IZ?'\U':"irr.t~ ,""'''a",::Qit:." i~~)( ~~-~.r-t~ ~~1~ ~~.,<l,,,, ,,;, .'~?"'~"-"""~ rt:Q,.<4i~'~'?" cr:J1~~ . .,-r' l', . :'!'''~'''I_' "~.~,' .~ ~,', ".."., [~~t1t:-f:;~~-~~\ ;;~~ ~, '.~,,; ('" '~f!!i"" , ~'" ~~<!~..,.. ~ ~~",&,"r~",Jj;!e", . ""'~~R,,,'.~.I"':;\: ~,~~~~f~~'O~.' , ~~'~~' ~~: '~ 'i~ 'J,: .~~! ,~, .:i'^., ~_ >1 ,_., "'.- j!_ "," '('0 ,., :jj .,;: ',~-~ , ~Q;' ., ,.,.":::"... . .,0, " "'~'" :1i 'J; .1' "II. ~.... _"^'" .o;c, -~." " ,......' .>:'.. ~ ~, '~,,{. Co:,. ~ " " " .. '''', " ...-",.^,. .. ROCK CREEK STUDIO 36North fourth stFe<t Carh.:>n<W.,Colorado8tGZ,1 ~70.(l>l3.Wll f970,lI!J3.162! --- I -, JUN-25-88 08.18 FROM.HOLLANOHART ~/15 - - .... - - - ,.. .... .... . 6. - ... 7. - 10,8708258415 PAGE RESOLtJTION OF THE BOARD OF COw.n COMMISSIONERS OF PII'KlN CO~, COLORADO, GRA.:.'Vl1NG APPROVAL OF AN ADDITIONAL TEN. YEAR VESTING PERIOD FOR THE STILLWATER RA.:."lCH Su"BDIVISION Resolution No. 99 -./12."-1 RECITALS L The Benedict Estate ("'Applicant'') has applied to the Pitkin County Board of County Commissionezs ("'BOCC") to consider an eXlellSion of vested real property rights pursuant to Section 4-140.30 of the Land Use Code. 2. The property is zoned AFR-2, R-15. and AFR-IO and isapproximate~~ 52 acres. 3. The subdivision is located adjacent to and east of the City of Aspen. southwest of Highway 82. 4. The BOCC heard this application at a duly noticed public hearing on May 26, 1999, at which time evidence and testimony were presented with respect to this application. 5. The BacC has detemIined that the requested vested rights reinstatement meets the criteria established in Section 4-140-30 of the ~d Use Code., The BOCC has found that the reinstatement of vested property rights is appropriate and the request for an exTenSion is considered effectively a request for reinstatement The reinswement of vested property rights for the Stillwater Ranch Subdivision includes the right to build on each of lots 1,2.3, and 4, 6500 square feet of residential floor area (single family residence and affordable housing unit combined), with floor area calculations to be based on the definitions contained in the Pitkin County Land Use Code in effect at the time a building pexmit is applied for on a particular Lot. Pu:rsuant to CllS. sec. 24-6&.104, the Board finds that an extended vested rights period is warranted do to the phasing of the tlevelopment of the subdivision, and the degree of public benefit obtained from'this approval. NOW THEREFORE BE rr RESOLVED by the Pilkin County Board of County Commissioners - that it does hereby grant a reinstatement of vested property rights to the Stillwater Ranch Subdivision subject to the following conditions which shall nm with the land and be binding on all successors in interest: '""' 1. The Applicant shall adhere to all material representations made in the application and in the public meetings. - 2. ,... 3. 4. - - The Applicant shall comply. with the provisions of Resolution No.94-233 (Exlubit 1) unless otherwise replaced or amen~ed by the conditions of this approval... . . , , Fences shall be limited to a maximtim offout (4) strands of wire or three (3) rails. No fence shall exceecl forty-two (42) inches in height. ' ' Noxious weeds shall be managed on the open space parcel as per thepjtkin County Weed Management Plan. avaiktble at the Pit!..in County Land Management Department 1111[/11111I1111I11111111I111111111111111I1111/11111111 432327 06/18/1999 ElS,34A RE$CLUTI DAVIS SILVI 1. of 13 R 0.,00 D e.eEl N e.eEl PITKIN COUNTY c::l JUN-25-SS 08.20 FROM.HOLLANDHART ID,S70S25S415 PAGE 4/15 . R..:SOIUtiOll 99- Page 2 of3 5, There shall be one bear-proof trash coItt3.ine:r approved by the County WildlliC Biologist for each property, or a single bear-proof container approved by the County Wildlife Biologist fO!" the entire subdivision. 6. Should existing vegetation be altered, for an access road, utility line, or similar uses, the Applicant Shall cooperate with the County and the Division of Wildlife to devise a compensation plan acceptable to the County. Such compensation plan may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife s~cies as per Section 3-80-080. 7. All development within the-Stillwater Ranch Subdivision shall meet all codes and requirements ,of the Aspen Fire Protection District prior to the issuance of building pezmits. Exhibit 2 summarizes requirements specified by the Fire Marshal on May 24; '1999. The requirements in Exhibit 2 are for reference purposes only; development shall comply'wj):h. all codes and requirements of the Aspen Fire Protection District at the time of the issuance,ofbw1ding petmits. 8. The vested rights for the StiIlwater,Ranch SubdivisionIPUD, pursuant to the tenns and conditions of the approvals fO!" the Subdivision previously granted by Pitkin County and the additional conditions set forth. herein, Shall expire on May 26, 2009. I 11111I IIIII 111111 1111 IIUI Illfl 1I1111l11f Illfllllf 1111 432327 06/18/1999 eg.34R RESOLUTI DAVIS SILYI 2 0; 13 R e.e" J) e.00 N ".1De PITKIN COUHTT CO JUN-25-88 08,20 FROM,HOLLANDHART _. . . . Resolution 99-_ Page 3 oD - ID.8708258415 PAGE: 5/15 NOTICE OFPtmLICHEAlUNGPUBLISHED IN THE ASPEN IlMES ONTm 24TH DAY OF " APRIL 1999. - APPROVED AND ADOPTED ON THE Z6TH DAY OF MAY 1999. nSTED RIGHTS NOTICEPUB~HED ON THE JJ:!!DAY OF .JviJrf:.- .1999. - - ~~~~ ,..(Y.iV:Pec:. ;(. J>~ eptzty Clerk and.Recorder - - APPROVED AS TO FORM: - ,... JolmEly, ~ COlllll;y Atto - Case #P50-99 PID #2737-179-00-009 .... - - ,... - - APPROVED AS TO CONTENT: ~ ~ c.~ ~(,it Cindy Rouben, CODll11l1llity Development Director I /1111I 11m 1111I11111111I1111I1111111111I1111111I11111 432327 es/~at~_ e9.34A RESOurrI DAVIS SILVI. S of ~3 R il.ee D e.ile H e.ell PITlCm COUHTT :::0 ".,., - ,... JUN-2S-SS 08,20 FROM.HOLLANOHART 1D:9709259415 . . . ; . ill .......:. r.t.t.... ~ 'I..'-!'-' 1-':;1.:. .....,...... ~ _-:~~-;,,:. S-77'Q 1=.-7S3 ,.'-1 .. 'J.... - ,- '-'-:"'t-'N'~~.'\:':OI..' ~ Rr::"(it:.l.I-~~ _I' . r" --tJ T'\J L.,-,\.,.Jl I Y .....:.-.:::.."" ~ _ _-".,d"\ -" S:L';IA DAVIS ,.';.1n...1 PAGE 6/15 13.00 Exhibit 1 RESOLtl'rION 01' 'l!ltE :a~ 07 COmrrY comaSS:I"'~S OF PI'ntn{ CO~, COLORADO, GRAliTDiG DETA-""LED' Am) FntU. p-r~ APPROv:AL '1:0 TX2: STILL~~ER RANCX SUBDrvrSION/~UD :Resolution #94-l3j RECITES L :-abienne Bene~ict, (heraa:Eter "Applica.'lt") , has applied. to tl:.e Board of County Commissioners of Pitkin ,county, (hereafter "Board"), to subdivide the ?till~ater Ranch into six lots_ 2. The subject property is zoned AFR-2, POD. :3 . The property is located adj acent to and east of the city of Aspen, southwest of Highway 82, :more specifically described in Exhibit "A", attached :hereto_ 4. The Planning and :zoning Commission reviewed this application at their regularly sc..l).eduled public hearing on .:ranuary ~S, ~994, and recommended Genera;!. 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 Sub:mission application at a regularly scheduled and noticed public hearing ,on August 30, 1994, at which" ti:me evidence and testi:mony was presented in regard to this application. 7. The Planning and izoning Collllnission reviewed the Detailed and Final Plat application,at'their re~larly scheduled p~lic meeting 1 on 'November S, 1.994, and reco!llmended ,approval subject, to conditions. 8. The Pla~~ing and Zoning Co~ission reviewed this application 1111111 111Il1111111111 11111 1111I1111111 III IIIII 1111 1111 432321 e5/13/1999 e9:34A RESOLUTI DRVIS SILVI 4 0' 13 R e.ee D e.ee H 0.ee PITKIN COUNTY 00 """ JUN-~5-SS 08.21 FROM.HOLLANOHART 10.870S268,,*1::; - . . '._. I'~:", I~,-.~ r'Ac.;.c; '~J. :;;, - Raso~u~ion Bo. 9.-~ Page 2 - fer Scenic Overlay requireme..'lts at a regularly scheduled public - hearing on Ncve1lii::ler 29, 1994, and a::provec. the Scenic OVerlay revie~ sub~ect to conditions by their Resolution No. PZ-94-~3. .; - NOli, ~'l>."Jl'OlU:, .BE J:'l' USOL~ by the Bcare. of County Co=.i.ssioners Qat it hereby gra.l1t.s Detailed arid Final Plat """ approva~ to the applica.'lt subject to ~~e following conditions: ~. All' utility extansions shall be loeated u.'ldergro1:....d, and .... appropriate eaSeJnents shall be dedicated to the various public """ and private utilities as may be required.. All utility extensions shall be located. in ~~e property's existing road - system to minimiZE site disturbance. If utility extensions, -' are proposed outside of approved road alignments, these extensions shall be shown for review ~~d approval at Detailed - Submission. 2. All development o,n Lots ~ through 5 shall be lil<li ted to - access roa~, the. ineividual driveways, utility extensions, irrigation ditch~s, fences meeting Division of Wildlife - requirements and -the building envelopes. No dist=bance, 3. inCluding vegetation removal, (unless r~~red by the County for fire protection) shall occur outside these areas. Landscaping outside of building envelopes may be pe=itted upon approval by the PlannL~g Department. The applicant shall deaicate a fiShing easemeint al.ong the southerly :bank of the river to L'1clude the river and five feet - - - -- .... of bank above the high wate;::- mark. A fishing easement shall also be granted :between the common 'boundary of the out 'parcel """ 1IIIIIIIIIllUlfIIJIIIIIIIJ 11II11111I111II1I1I11I1I111I 432327 06/1!/1399 eS:34A ~ESOLUTIDAYIS SILYI 5 0; 13 R 0.00 0 0.00 N 0.00 PITKIN eDUNTY ~ JUN~25-99 08,21 FROM,HOLLANOHART :' - ...... ~-/'::~ 10,8709259415 PAGE 8/15 1 ~/ 31ZJ/';..:;. 0'':'':0:;;:: ;::.r.; ":' ~- - C:F a R.aao~ution lio. 94":~ page 3 and Lot 6 and the centerline of the rive:::-. The applicant shall work .ith t~e county to realign th~se portions of ~~e ttyinterlt trail ''that. are located within hazardot:.s' avalanc~e zones, to ~~e ex~en~ feasible. 4. All residences shall be co~~ected to ~~e Aspen Consolidated sanitation Districts (ACSD) main sewer line ,t.hat r.ms th2:'ouc;h the property. '!he owners of said lots shall pay the no:cm.al connection fees, along with an additional proratecl surcharge t..'lat will be used to recover the costs cf repairing a downstream constraL"lt. The pro rata share shall be dete=ined by the ACSD. If a sewage pWllpL'1g system is necessary on any parcel, a conventional septic tank shall pratreat effluent prior to discharge into a pumping chamber, as reco~ended by the Environmental' Health Depc-rtmen~. 5 _ The applicant shall :make a contribution of $12,. 600 to the County trails progra:m prior to recor~ation of the final plat_ No :building permi~ shall :be issued within the Stillwater Ranch Subdivision until the County shall. have expended the contribution on specific trails improvements. 6. The applicant shall obtain access permits and submit erosion and sediJnent control plans as required to the COlL.':!ty :E."lgineer for review and approval prior to building permit issuance_ 7. 'l'Jie Fire District shall :be' allcwed on the property to check 1 fire hydrants and water pressure prior ~o building permit issuance_ a. The Applicant or;ow~ers Shall provide one, aQove grade, low I 111111 11/11 IIlIl1 1111111I1111I11111111 III 1111111111111 432327 0&/18/1999 es:34A RESOUlTI DAVIS SIl.VI Ii of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO , . 10.8708259415 PAGE 8~15 111111I ..lIIl1ml 11'1 Iml 111111111111 1II 1111I 1111 1111 : 432327 8&/111/199S 89:3411 RESOLUTI DAvIS sn.VI ., ot 13 R 8.ee D e.se H e.ee PITlC:IH COUNTY CO JUN-25-88 08.22 FROH.HOLLANOHART ~ : A=~U~w~~Qn ~o. 94-~ . " Page -4 - inco~e, one-~eCxoom affordable housing unit on eeen of the - five new lots liit..~in their designated. l:tuilding envelopes, conc~ren~ly with ~~a construction of eac~ four-bedroom. free - market 'iJw"1i t. ;'_"1 appropriate deed r:s~~iction " seall l:;e exe~~ted a~d filed with the Housing Office. "'he a;="'o>"d-"'le ..... . -- _ C:;-.J - units shall meet or exceed. Housing Office's mini:::u.:!1, net - livaQle area re~~ir~e~t tor low income units~ anc shall he deed rest:!:'ictad to the category #1 i.'1come, ,price and occupancy - guidelines L'1 effect at the time of issu~'1ce of a bUilding <l! per:llit. Pla."l..."led Unit Developme.'1t (POD) approval is hereby " -6 granted to allow s:llaller lot sizes as necessary for the "" provision of detached or attached affordable housing units on ~lt Lots 2 and 3. :q - 9. Dogs shalll:le kenneled or leashed at all times. Fencing shall ~ comply with Division of Wildlife standards, including a ~ " .... .:; ": ..... '-'1 . maximum height of ~2", four s~rands or less. ~O. Prior to final plat recordation, the applicant shall supply .~, evidence of an adequate water supply. ~ 11. The protective covenants for the Still.....ater Ranch SUbdivision shall be revisad to permanently restrict the use of the Open - Space Parcel to agricultural uses and improvements/ the ci:'o - pastu:dng of horses and related USes and improvelU.ents, al'ld ... such other open space uses a!lc. improvements as may be approved from time to tilU.e by the Stillwater Ranch Homeowners "- .c - , Association, and t:he continuation of existing' uses. The .... . covenants shall ;also prohibit further SUbdivision of the Open - Space Parcel, although a lot line adjus~~ent shall be p=~i:ted be~w:s~'the Cpen Space ?arcsl ana the Out ?a=cal : ~ ...~ - CO\.l:lty and landowner apP=Oval can :be obtained. I:;! ::: ~ ,1 ~ tn ". " <:' s ~ ;::. ..... S <'l "- ~ ~ "- :;;:: ,... Sl ... ... , , " ::; ... :> ; JUN-~5-88 08,22 FROM,HOLLANOHART 10,8708258415 PAGS 10/15 Reso~ution lie. 94...:134 ' Paqe 5 ~2. On or before Marc.'l ~, H95, the applicant shall fOr!l1 a Homeowners' Association cC'illprised of the C"'Ilers of ~'le six (=) lots in .the still"cater Ranch Subdivision, and shall convey t.'le open Space Parcel to ~'le EOlIleowners' Associa~ion. The de~d shall rese-~e the exclusive use, control anc expense of the Open Space Parcel to Fabianne Benedict and Fredric J>._ Benedict for the rast of their lives. ~3 . Removal of mature :vegetation outside of any buildiZ1q enVelope on Lots 1 through 5 is prohibited except as provided for in Condi tion 2 above. Removal of lllature trees .....::. thin the building envelopes shall requir~ appro~l of a tree rellloval plan by the Planning Office. Mature trees means al'lY deciduous tree of six-inch calipe:- at diameter-breast-heiqht:. or any evergreen taller than six feet in height. 14. Thenor..hern bound~ of the i::luilding envelope on Lot 1 sha~~ be relocated twenty (20) feet .to the south to redu~ potential visual i:apacts. The applicant may relocate the eastern and/or western boundari~ of the build.inS' envelope so as to maintai.n ! the size of the building envelope. 15 _ The building height on Lot 1 shall be limited to a maxiJ;;um of 20 feet measured, from existing grade or finished grade, whichever is lo.....er, to the top of a flat roof or .the midpoint of a pitched roof. The ridge of a pitched roof shall not 1 exceed 2S feet above existing or finished grade', whichever is lower. l~. The building height on Lot 2 shall be limited "1;0 (i) a lIlaximum , I 11I1!11111l1l1ll1 1111 11II111ll1 1111111 11I1111111111111 432327 215/18/1999 08.:34A RESOL.UTI DRVIS SIL.VI a of 13 R 0.210 D a.ae N e.ea PITKIN COUNTY co ~ JUN-~5-SS 06.22 FROM.HOLLANDHART ID:S70S2SS41S PAGE 11 15 .... Rasol.utioXl No. 94-p} paqe , - of 20 feet measured f;:oom t..'1.e existing elevation of the no~~east corne::- of the building envelope to the top of a flat .- ;:ooof or the midpoL"lt cf a pitched roof, or (ii) the max~ ~ heiqht allowed. in the A..""R-2 Zone Dist::-ict, whicheve::-' is lowe;:-. - The ridge of a pitched roof shall not exceed 2S feet above said existing elevation. The applicant shall establish said - elevation by field su-~ey ~"ld shall incorporate the, s~e L"l the 'Protective covenants for the Stillwater Ranch Sul?divisicn. .... l7. The height lbitaticns imposed en Lots 1 and 2 may be varied subject to obtaining a new Scenic overlay approval pursuant - to the standards a."'ld procedures in' effect at the time of a new - :::l ~ application- ....0 ... l8. The owner of Lot ~ shall submit a landscape plan for review . and approval :by the planning Office prior to the issuance of - . . a building pe~it for the residence on Lot J:. The pu...-pose of the landscape plan shall be to reduce t..'1.e visual, impact of '-"r':1 ~ " in ..51 .0::- & .0::- developlllent on Lqt 1 f::-om HighlolaY 82. -<=- ..... ~ 19. Section 2 (f) of the covenants (lightb.g) shall be ::-evised to .. - prec~ude outside ~ights on the nor-~ side of the building-son 'Lots 1 and 2 (facing Highvay 82)'. . .The architectural "guidelines" shall be renued to "requirements"_ 20. with the exception of one entrance light at the inte::-section of Highway'S2 a.~d stillwater Road, and one outdoor ~ight for I ..... ..- t).i =:s <C ........ 1 a. _IS 'I' I' II ~ the garage or home entr,mce (unless other-wise required by the Uniform Building'code), ac~ess drive and landscape ~accent" -, c .... '~ _!-- ',... .4~ lighting shall be prohil:>ited 9n Lots 1 and 2. Low 1 evel - I lllmlllll IIUlIIlllllllUUlIlllllIlll1 Illllllll 1111 432327 06/18/1998 e9:34A RESOLUTI DAVIS SILVI _ ..~........ 1\ GI HI N B.ea PITKIN COUNrY CO JUN~25-99 08.23 FROM.HOLLANOHART 10.9709259415 PAGE 12/15 " Raseluticn No. 94-~ : Pl!Lge 7 . walkway lighting, however, shall pe allowed for safety pU-."1?oses _ A' , ....-'- exterior 1; h-" -_g.~...ng shall comply o;.;ith the applicabl.a requirements of t.'le :?it.'<:i!1 Cou.....ty Land Use Code_ 2~_ Livestock grazing' and livestock i~pounding is prohibited on Lots -1. ti'..rough 5, .with the exception of horses, which may be iJ:lpounded on Lots 4 and 5_ Livestock grazing and livestock impounding is pe~itted within the Open Space parcel' ~,d 6. 22. .All matez-ial representations made by the applicant. in -the ... application and public meetings shall be adhered to and -' considered conditions of approval, unless o~'le--wise amended- by ot..l1.er conditions. APPROVED AND ADO?TED ON THE 20T"rl. DAY OF DECEMBER, 19$4: I 'IJones, . C~erk and Record I BOARD OF COUNTY COMM:I:SSIONERS OF PITKIN COUNTY, COLORADO rv\ I c.U.>:$"'L. c. IRG't-.iJ./.o . By' /j7/ ~~ .A:St.z:;__:" =:... ~.::...::. ai~~n Da~e:-1\::\c7'i.qU -fllJ ., J TO FORo"!: . APPROVED AS TO CONTENT: ~.~..~ __I ~ rE~.L. ,_ _ ~Suzanne Xo an, County Planning Director: slwjfk.benedict.detailed.reso I IIIIllIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~ 1111111 432327 8&118/1999 1!$:34A RESCI.UTI ORVIS SII..VI 10 or 13 R 0.0a 00.00 N 0.ee PITKIN COUNTY eo ,...JUN~25-SS 08,23 FROM,HOLLANDHART ID,S70S25S415 PAGE 13/15 - ~~i-t-it itA" ,... ,... ?Ucz::. 1., ::l..." .i,..~..::-~ RAliCE: ~A3.~, ae:::or::ing to 1:J:le !'L"'"S~ a'l7...""..ee:. Plat ~ereo:f racord.~ Dece.llU:er 2, 1993 in Plat 'SeQk 33 at ?age 34. ~"'T.:: OF PJ.:J:5..J..Ii, ST..~ OF COLORADO. - ,... - - ~1:J " ;=; ... - !:::! .-, -- Co ll; & ~ -- So ~ C" "- -s; ." .... (U - - ~ .' 1'- ...i IS 1'- ,... , ......._~ ,... - 11111II111II1IlI!llI~ 111I1 IlIIllllllll IU 111111/111111 432327 0S/18/19S9 89,34A RESOLUTI 1l#lVIS SILVI 11 of 13;R a.ee ~ e.00 H e.e0PITKIH COllNTT CO JUN-~5-88 06,23 FROM,HOLLANDHART I D' 8708258415 PAGE 14/15 (Wi Q2S.fil'Zl F,AX (S7Q192541S7 "--~ -.....- M_ .r:"~ - -- f'.O.8ox2155 Aspen. co 81$12 MaIDRANIX1M Exhibit 2 FROM: Mr. Ed Van Walraven, F"LTe MarshaI..~ Fire ?rofBclion DSrict Jay Hammond, Sc:h~ ~ Meyer, lnc . :#..;. TO: DATE: May 24, 1989 I HE: Benedict.-SIilwaier ?arcali, Lots 1 fhrOUStl 4, Request for Vesfed Rigt:ls E...'1ension Tr.ank you fer your tl>""'ifA respcr.se in meeting wilh me flis IJlClming regarding Ih8 Ber.edic:t Estata's Request for Vested Rights Extension fa' lots 1 tflrough 4 of 1he SIDNater Rand1 SubdMsion. [sent you ~ of some ottile rele;ent docrJmerds you had requested cklriilg our IT.....ail.g via fax early 1hiS albMOvrt iJ'lcIUding part of tile Wafer SeMc:e Agreement. poruons of !he PilIcin Ccunly Ri. ~ll""'" of Approv:al '# 94-233 and excerpts from the Ptotec:iYe Covenants wherein house siZes are limited ancfsprinkiectng is required. You'll also na.ettm t'le Covlr..ants addl"ess the wikflire miligaticn issue ihat we had ~ _e"'CI. j , , ~ . r .....o<h.dto l'ecap our "'.....-.j'oo offhis morning to keep !he ~.Ih....lts 111'fol'm2draga."ding any fI.lrther concfrtioO$1tla1 may arise as a rest.IIt of tile Vesled fligrlIs Exte.1SiOO procass. From our meeting and site visit oflhis.l'I'lOI'I'1i;'l it is my UI'ldGrstatldZn that1he Aspen Fire ~s position ' is as follows wilh respect to the. Slil/Water Ranch Subdivision Request for Vested fi'.ghts Extension: 1. The Dislrict will not reql.lite :my further' wafer main extension to priW.de add.7:l=; :1:20 hydlants witi1 the SllbdMsion (there is an existing ire hydrant in close ;x'o=n:ty to it'.e entrance of !he piivate ac C ; 5 S oif SliIl.'later DriYe). As ycu'Ill'lOte on the Water Se."Vfce Agreemetlt,. construdion of water main e.x1enSiOClS was ~ ;:::s;:lud.."d ;::::; adequate sizing of the sefV'.ce rmes 10 pn:Mcfe for fire sprinklerfiQws ~= ""^'.c~'Ci ':J.; !'he cay Water ~llllent at the time of the Wafsr Ser.ic::e Ageement C".d !he or':;r..2l appr=I. 2. The homes on the lo(s 11hrOlJQfi 4 shall be fire splinIdered to an NF?A r:a.."X!ard ~'3Ft wfidl is a 50riledldl higher slanCard 1han is typical of slrlgfe-far.ty res'.c,),,1!I COo,..t. tlclion. 3. The common /K;;:.;."-Hlfweback to Lot4wiiIbeaminimum20fee1in'.v;:::'vG'.h <:,' ::1:. wea:!her surface (gr;lveI as a minimum}. This ~ wiIf aYOi.;t the need for aJditior.ai ?~i- outs along 1he entIy road lh<it would be required for a narrower road in e;:::;>::ss of 2..."0 '3~t In Iengttl. 111I1lI JlIll UIIII IIII III~ 11II11IIUIIII 1I/III1I/1IIl 432327 llS/18/1SS9 09:34A RESOlUTI' DAVIS SII.VI 12 of 13 R iI.iIiI J) iI.iIiI IULllil PITlCIN CCUNTY CO. llS West Sl:l. SlJite 200 . G!er.wocxi Springs. CoIOJado. (B7C) 9450 WC4- _. JT~~.~-88- 06,24 - 1 ~r - "'" - ~ I I - - ,...,~ - - - J 1 I .J.. f I, ... FROM,HOLLANDHART 10,6708256415 PAGE IS/15 May 24. 1 SS9 Mr. Ed vanWalraven Page :2 4. The buikfll'lg enveiope for lot 4 is set back 75 feet'lrom 1heSOldhee:st plope.?j rifle at th& Lot and some 45 feet from, the "" ss easement. The driveway no lot 4 shall be designed will Sl.dlicient widih and 1tlrning radii to allow a lire truck to JXlIf in Oft the CC.........n drive and back out'OCIto the common drive h tha oppo..;r.. ditec::lioi I to allow for a Wm-around capabifity. . . 5. T Q 1tre exfent1f1at the gate on the common Clrfve is wiIhin the Stillwater Ranch Subcf.-..P.sion and depencling on 11le fll1al ~ of the tfrlvieway into Lot 4, tile gate wilf be' . relacatecl to allow Sl.lI1i.::ie..t room fOl' a 'fire appararus 10 back out onto fhecommon drive ~ exit lhe SI.lbdivisiocL . . I hopQ these items apprQpria:te!y telleet our ro-.~ion of this morning. PIesse feel r.ae to contact me if you thin!c !'lie misse<liany substantive t:Clf'lCetl'IS fer 1tle rJl'e 0istIfct TQgardirlg the BerJedi(;fs Aequestfor Vested Rights Exte. ~ Urue. yay woukl ptefet 11:> ha:-.dIe it cifferent:y, the Benedict's 7ICIUld Piopos.. to Slach this memo as an exhi:it to tha Resc!l.'lictl g;;:ntir:g approval to !heir Vestect Rights Extension. ThaniI's again far your ~ .--. cc: Mr. Art Daily. Holland & Hart Ilum JlIlLlJlIII/J/J 11I1.1IIIIIJ/JIIIIIIlIItII'111I1 432327 06/18/1999 U:34A RESOUlTI IlIWIS SII.VI 13 o( 13 R a.ae D B.ae N e.ae PITKIN COUNTY CO SCli.ldllESEP. GOaOOH IolE'tElt.lNC:. .... ~ , . ~ , - , - ~ I [ ~ ... I ~ . ~ 4 [ ~ ~ L - f Sti lwater Ranch SubdivisionjPUD Conceptual Submission Affordable Housing Project ~ . ~ ~ I, o - > .':' "" '" ......... ~1: :;::: :;:::. d> ~' . s. 5 .,.,,/;. TI >~ ~ '':;:::'' G ''''1t~ 1!)'v t) "~". ",( , \:~ ~'~ '. fq.,J ~~ :~Cf;) ~" ~~<~, >- .,;~_ 'i<.~ ~~ 0 ~~~:~.; '<""'0 :}""'., :li~;\ ___,).\,_~. ~~.., <I~-"'},~ 1i:~:~,S:: .~.7"7"'.: ~ 1"'0' . "...' 0- ,% v". .- .,- -. " ,-'I: " t<~:'~ ::" .- ""~', , ,r- r '~~~TI ,2'ru'" o ..!A' '" +">' ,'~I1.h"n,. ,~,.U "",,", '., '.- ',', ..- ."'- '/ f' '; '''Jo' ,~- .(,'" ,r' " .. ROCK CREEK STUDIO 3SNorthfO\ll'l~Streel C.rt=.dale,0>l<md031623 '>il70.!lG~_1~71 f970.963_1<>22 www_k..;:mn .... .... .... - ..... - .... - .... .... .... - .... - - ... .... - .... o I.f) ,() ~ b 0;. RESOLUTION' OF AM'F''''''DMENT TO THE PROTECTIVE COVENANTS :E.QR STTT ,I,W A TER RA..c....CH SUBDIVISION I PUD D..cember 9.1998 WHEREAS, that cw.ain real property situated in Pitkin County, Colorado, known as the Stillwater Ranch SubdivisionIPUD (the "Subdivision"), as depicted and described on the FlIllIl Plat of the Stillw= Ranch Subdivision /PUD (the "Fmal Plat") recorded in P!at Book 35 at Page 86 of the Office of the Clerk and R..."'CO.der of Pitkin County, Colorado, pursuant to its Protective Covenants of December 30, 1994, (the "Protective Covenants") recorded in Book no at Page 796 of the Office of the Clerk and Recorder of Pitkin County, Colorado, formed the Stillwater , Ranch Open Space Association, a Colorado nonprofit corporation (the "Association"), to own and IIla.D.age the Ooen Space Parcel (the "Coen Space") shown and described on the FlIllIl Plat; and - . " . WHEREAS, Article VI(3) of the Protective Covenants provides that the Protective Covenants may be amended by the re--..ording in the Pitkin County, Color'..do real property records of a resolution of amendment executed and acknowledged by the then-C'.m= record owners of at least four (4) lots in the Subdivision; and WHEREAS, the undersigned personal representative of the Estate of Fabi=e Lloyd Benedict, aikla Fabi=e Benedict, Deceased, the record owner of Lots 2,3,4 and 6 of the Subdivision (the "Stillwater Ranch Let Owner") wishes to amend the Protective Cove:wtts, and agrees to vote in favor of an amendm= to the }._rtlcles of Incorporation and the Bylaws of the Assoc'.ation, to allow neig.hbo~.ng land known as Lots 12 and 12A of C, 11, h,n Subdivision, according to the Fmal Plat of Callahan Subdivision recorded May 19, 1976 in Pl3t Book 5 at Page 7 in the Office ofilie Clerk and Recorder of Pitkin County, Colorado ("Lot 12, Callahan") to become a member of the Stillwater Ranch Open Space .A.ssori.,;onand to enjoy the use and benefit of the Open Space subject to the resmctioDS on the Ope.'l Space and an equal one-seventh share of the exp=es of oW"..lng and operating the Open Space; and WHEREAS, Lot 12, C.Il.'"n wishes to become a member of the Stillwater Ranch Open Space Association and enjoy the use and benefu: of the Open Space and is willing to assume a proportionate share of the expenses of owning and operating ilie Open Space and be subject to the restrictioDS on the Open Space; NOW, l..t:I.LKEFORE. for and in consideration of the lIIl.1tUal covenants and agreements herein contained tmd for other good and valuable considerations, t.1te receipt and sufficiency of which are hereby acknowledged, the undersigned Stillwater Ranch Lot Owner agrees to vote in favor of amendments to t.lJe Articles of Incorporation and Bylaws of the Association and hereby resolves to amend the'Protective Cove:wtts, and Lot 12, Callahan agrees to become a member of ' the Sti1!water Ranch Open Space Association and to be bound by its Articles of Incorporation and its Bylaws and by the Protective Covenants, as follows: 11111111111I1111111111111111111111111.111111111111111111 4~ 12/10/1998 02: 311' AI'IEllD Ctl DAVIS SII.VI 1 0' 3 R 18. ee D 0. ee N 0. ee PITlCINCtllJIm' Ctl ~ 1. The StillwaIer Ranch. Lot ONIler agrees to vote in favor of an amendment to Article ill, paragraph 1. of the Articles efIncorporation of the AssociatioIl, to include Let 12, C.I1.h." as a "Lot" for purposes offull membership in the Stillwater Ranch Open Space Association. 2. Article ill, paragraph 3. (c) of the Protective Covenants is hereby amended to include Lot 12, Callahan in the Stillwater Ranch Cuen Soace Association, t.'!e homeowner's association formed for purposes of own..mg, governing and maintaining the Open Space. 3. The Stillwater Ranch Let Owner agrees to vote in favor of an s""""'c!l1ent to the Bylaws of the Stillwater Ranch Open Space Association at their nex! an!IUlll or special meeting to allow full membership and participation to Lot 12, C.11.h.". subject to zmyand all restrictions and an equal one-sevent.'! share of all assessments and levies of the Association. 4. Lot 12, Callahan agrees to be bound by all restrictions and burdens on the Open Space recited in the Protective Covenants. Lot 12, C.lbh." sha1I not, 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 eq'.zaI cce-seventh share of all cos"..s and expenses of owning, improving, maintaining, car.ng for and operating the Open Space, and upon =.ltion of this Resolution by all pa..""ties, Lot 12, C.1h"." agrees to pay to the Association the sum of $2,279.44, which is Lot 12, C.lhh.n's prorata share of the $4,000.00 per Lot reg'.llar as~ment that was levied by the Association for the period July 6, 1998 to July 5, 1999. S. This Resolution, of Amendment is made pursuant to Article VI, paragraph 3. of the Protective Cov==. Lot 12, c.n.h." shall have no vote in any future amendments to the Protective Coven=, and said Article VI (3) of the Protective Cov== sha1I be deemed amended accordingly. Arthur C. Daily signs this Resolution on beha.IfofLots 2,3,4, and 6 of the Subdivision as the personal representative of the Estate ofFabienne Lloyd Benedict, alkJa Fabienne Benedict, Deceased ("Estate") with the express written authoriz3;tion and consent of the beneficiaries of the Es"'..ate to whom those lots were devised in the Last Will alld Testament of Fabienne Benedict. 6. In the event of any lli:igation arising out of thiS Resolutior.., including the interpretation or enforcement of any of the terms or provisions hereof; the prevailing party shall also be entitled to recover its reasonable attorneys' fees and costs incurred therein. This Resolution sha1I be binding upon and iIrure to the benefit of the parties hereto and their respective heirs, personal representatives, successcrs and assigns forever. This Resohltion constitutes the entire understanding and agreement betW= the parties re!a:ting to the subject matter hereof: Except as speciiically amended herein, the Protective Covenzmts shall remain unmodified hereby, and remain in full force and eifeC'_ 2 111I1\I1I1II1I11I11II1111I111II111111I11I11I~! Il\l~JI 4~ 12/10/1998 1!2,..;.31NP 0~I~I~courm ell 2 01 3 R 18.00 D 0..... . ~ ,.... ... - IN WI'I'NESS WEEREOF, Ar..hur C. Daily elCec-.rtes this Resolution of Amendment as the personal representative of the Estate and on behalf of Lots 2,3,4, and 6 of the SubdivisioIl, and Marie-Fabi=e Benedict Gcrdon elCec'.ltes this Resolution of Amendment as the owner of Lot 12, Callahan, as of the day and year first above written. ... LOTS 2,3,4, and 5 Stillwater Ranch SubdivisiocIPUD: Arthur C. Daily, Personal Representative of the Estate ofFabiem\e Lloyd Benedict, aMa . Fabienne Benedict, Dec:ased .... ,... ..~ ' . By: #-~" ... .-? Artlfur C. Daily, Personal Representative ,.... LOT 12, CALLA.....AJ,'l': - By: m.a.,uL-.:tJ,.;~lA.~~ &..~ -G~cv-- Marie-Fabi=e Benedict GcrdoIl, Owner ,- STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ! C~; ofDec=ber, 1998, by Marie-Fabienne Benedict Gcrdon. ,... STATE OF COLORADO \ J ) SS. ) . . ;__ '." ',.t..-' . / ~~ ~~.::~~ \':; q).Q.l.ll~o . ......-...... .'. Q ~~ '. .-....,,,.:: : O . .....~ . ~.. .-~ . ~ . ...~.~---..: t<&,~ ~~~ Asp.!.,.., 6;. ~;!;,!i::..::':.'.:.~' ..:":~~:=~~: ..~_. r.:I/; - Wrtness r:D;f hlu::d me! official seal. Mv commission =ires: , . ... - COTJNTY OF PITKIN ,.... The foregoing instrument was acknowledged before me this JIJA day of December, 1998, by Arthur C. Daiiy, Personal Representative of the Estate ofFabi=e Lloyd Benedict, aMa Fabie:me Benedict, Deceased - Wrtness r:D;f hand and officia1 s~ ..... ..... ...... ..... . IJ.. .... My commission expires: ~ ]~ 4 bo"tM :' '~",~ '. ~ ::0 NO~~C y 4.~~~r' .' ';f (qoOf-. f)\f'.l~, ~>i,'0'. '.&-l:t,Jj'; , ", \...: ':.:..:".~~:2~ .~..' '. 3 '....:~.,. ',' "1. HOo'. . ,.... ,... ,.... ~.'t[l!t\~9~1 m~!~IIY'!lllU!!'lIJl~JI . 3 01 3 R 1S.1le D e.1le N lI.ell PITl<IX ClltJNTY Cl) - ~