HomeMy WebLinkAboutLand Use Case.Stillwater Ranch.A113-99R
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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
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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.
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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.
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· 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.
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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
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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.
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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
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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.
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Please return your copy of these application materials to Com/Dev unless you need it for your
files.
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Please return your comments to me no later than January 10, 2000.
Thank you.
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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
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Project Particil2ants
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Owner:
Project Manager:
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Estimating Contractor:
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Contractor:
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Architects:
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Energy Consultants:
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Structural Engineer:
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Mechanical Engineer:
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Electrical Engineer:
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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
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Stillwater Ranch Subdivision/PUD
Affordable Housing Project
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ErQject Participants
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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
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Civil Engineer:
Schmueser Gordon Meyer, Inc.
118 West 6th, Suite 200
Glenwood Springs, CO 81601
tel: (970) 945-1004 fax: (970) 945-5948
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Planner:
OtakjRock Creek Studio
36 North Fourth Street
Carbondale, CO 81623
tel: (970) 963-1971 fax: (970) 963-1622
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... Stillwater Ranch SubdivisionjPUD
Affordable Housing Project
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!ihle of Contents
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Introduction 1
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Section 1. Code Compliance with Article 2 Policies 6
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Section 2. Environmental and Aesthetic Standards 17
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Section 3. Water Resources 24
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Section 4. Environmental Hazard Areas 29
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_ Section 5. Improvements and Services 37
- Section 6. Impacts on Taxes and Management 45
of Necessary Services
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Section 7. Development Exactions 47
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Section 8. Planned Unit Developments 51
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Section 9. Rezoning 57
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- Stillwater Ranch Subdivision/PUD
Affordable Housing Project
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Exhibits
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- 1. Vicinity Map
.... 2. Conceptual Landscape Plan/Site Plan
- 3. Adjacent Land Uses
'""' 4. Adjacent Zoning
- 5. Schematic Grading Plan
'""' 6. Drainage Plan
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7. Slope Analysis
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8. Utility Plan
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Stillwater Ranch SubdivisionjPUD
Affordable Housing Project
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A.l2Penclices
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INTRODUCTION
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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.
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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,
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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.
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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
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Stillwater Planned Unit Development
Subdivision/Conceptual PUD Application
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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
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CREEK
5TUDIO
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building height, as well as the placement of any future structures on Lot 1 of the
Stillwater Subdivision.
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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.
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ARCHITECTURAL INTENTIONS
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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:
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(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."
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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.
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ADDITIONAL COVENANTS IMPACTING SITE DEVELOPMENT
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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).
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The following Scenic Overlay Review conditions shall apply to Lots 1 and/or 2 as
indicated:
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(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.
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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.
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I Book 770 Pa'.!e 796 Recention #377682 Pitkin Countv (,lerk and Recorder,
Stillwater Planned Unit Development
Subdivisi01r1Conceptual PUD Application
3
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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
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Stillwater Planned Unit Development
Subdivision/Conceptual PUD Application
..... ROCK
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STUDIO
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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:
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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
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Stillwater Plan/led Unit Development
Subdivision/Conceptual PUD Application
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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.
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Section 1 - CODE COMPLIANCE
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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.
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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.
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2. COMPREHENSIVE PLAN
It is the policy of the County to adopt comprehensive plans for the County and regularly
update these plans.
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RESPONSE: Not applicable to this project.
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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.
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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.
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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?
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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.
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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?
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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RESPONSE: The consistency of the project with adopted Comprehensive Plans
has been demonstrated earlier.
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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.
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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.
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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.
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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.
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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.
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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.
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Subdivisio11lCo/lceptual PUD Applicatio/l
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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.
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RESPONSE: The proposed project is not located adjacent to public lands.
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3-60-010 Applicability
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Section 2 - ENVIRONMENTAL AND
AESTHETIC STANDARDS
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Section 3.60 ENVIRONMENTAL AND
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AESTHETIC STANDARDS
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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:
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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)
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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;
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B. Comply with the Pitkin County Code Title III A.ir Pollution Regulations.
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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.
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3-60-030 Preservation of Natural Landscape
A.
Grading and Fill Placement
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1. The County Engineer and Planning Director must approve all grading and
fill placement which exceeds 50 cubic yards.
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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
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Stillwater Planned Unit Development
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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
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which constitute the visual entrance "image" and passage through Aspen and
Pitkin County.
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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.
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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
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.ROCK
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STUDIO
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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
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STUDIO
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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STUDIO
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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
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STUDIO
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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.
-
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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.
-
-
-
-
-
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-
Stillwater Planlled Unit Developmellt
SubdivisiolliCollceptual PUD Applicatioll
23
- ~ ~~
=11Im ROCK
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STUDIO
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-
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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
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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
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,...
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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
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..... 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
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-
-
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.
-
-
-
-
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Stillwater Plalllled Ullit Developmellt
SubdivisiolliCollceptual PUD Application
28
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=-... 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
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Stillwater Plalllled Ullit Development
Subdivisioll/Collceptual PUD Application
.ROCK
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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
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STUDIO
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-
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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
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Stillwater Plallned Ullit Developmellt
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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
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,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
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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
. -
-'
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::::liROCK
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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
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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
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-
-
-
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
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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.
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Stillwater Plalllled Unit Development
SubdivisiolliConceptual PUD Applicatioll
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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.
-
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3-130-040 ParkslRecreatiolliOpen Space
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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;
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3. Preservation of open space in certain areas to protect wildlife habitat,
ranching, public lands and scenic road corridors;
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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;
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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.
,...
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Stillwater Plalllled Ullit Developmellt
SubdivisiolliCollceptual PUD Application
47
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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
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STUDIO
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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
,...
,...
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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.
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3-130-070 Trails
,...
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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.
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B. Intent: Pitkin County established a trails program to satisfy trails needs of
residents and visitors. The program is intended to provide:
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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;
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2. Recreational trails, commuting trails and dual purpose trails for recreation
and commuting; and
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Stillwater Plalllled Ullit Development
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~<1'. Multiple access points to the United States Forest Service trails system and
- public lands.
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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
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, ,-
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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)
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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
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,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.
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Stillwater Plallned Unit Development
SubdivisiolliCollceptual PUD Application
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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.
,...
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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
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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
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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.
...
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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
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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
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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
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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
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Affordabie Housing Project
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STUDIO
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'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)
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StH water anc
Subdivision/ PUD
Conceptual Submission
Affordable Housing Project
.... ROCK
CREEK
5iUDIO
3llNorthfourlnstreel
~,C<>lorl<do81623
"'70,003.1971
f970.9G..'1.16t2
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Housing Offh:e
City 'of Aspen/Pitkin County
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530 East Main Street, Lower Level
Aspen, Colorado 81611
(970) 920-5050
Fax: (970) 920.5580
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November 14, 1999
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Mr. Lance Clarke, Assistant Community Development Director
Pitkin County .
130 South Galena Street
Aspen, Colorado 81611
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RE: Stillwater Ranch Affordable Housing Project
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Dear Lance:
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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.
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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.
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Very truly yours,
ASPENIPITKIN COUNTY HOUSING AUTHORITY
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Mary Roberts, Executive Director
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)jO ~NIsnOH N3dS~ WdE2:E0 66, 9t ^ON
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Sti water anc
SubdivisionjPUD
Conceptual Submission
Affordable Housing Project
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... ROCK
CREEK
STUDIO
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~77&8& B-77m ~-S2a la/3m/~4 04.11P PG 1 OF S
SI~VIR ORVIS PITKIN COUNTV C~ERK & RECORDER
!lEe
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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
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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.
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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
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&-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
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377686
B-770 P-832 le/30/94 0~,17P ~G 6
OF 6
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B'I/~'l!lI or COLoUDO
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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/. ~
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I'l/A'l/I OJ' COLORADO
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orbe ~o~ instrWllsnt was acknc e
day of r, 1994, by
~ \".chai:man Q t;h. BOUd of county COmllll.S
colorado.
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WX'I/HIIS my hand and official seal.
;!!X, c=-ission expires: \\,'UJ I.
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Sti water Rime
Subdivision/POO
Conceptual Submission
Affordable Housing Project
.. ROCK
CREEK
STUDIO
~GNorthTOIU'\IISlrret
~,Colorodo81623
v970.1JE3.19?1
f970.~63.l~2
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MI\'n~tL rVLLC" M~\'nIIC\'1
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377;82 3-77'0
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~-79~ l2/20/~A 04w~,~p o~ i OF~-
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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
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':;77&a~ S-770 ';-797 :2/30/g4 ~4: !.QlP PG ., OF 22
.:.
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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~.
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(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.
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:2
110Y. V' I~~j IU:00~M MI\,nMCL rUL.LCl'i hf\ \inll Co\.- I
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S-770 ~'-79a 12/:0/~~ :<14:l0P PG - CF aa
377682
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(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
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Nov. 5. i999 lu:J4AM
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MICHAeL rULltK AKCnlltCI
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S-77l1J
p-a00
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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
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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.
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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
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377682
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(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
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Noy. O. 1999 ;u:foAM
MICHAtL rULLt~ I\K\,HlltCI
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. ....-.. -
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=:
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~2/30/94 ~4;:~P OG:0 OF
S-770
1\ O. J I J r
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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.
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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.
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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_ __.
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(a) Shower Heads (Gallens
Per Minute)
2.5
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(b) Fauc3~ ~er3~=rs (Gallons
?er )!i:lu1:a)
(c} ~oila~s (~a:lcns pe= ~lush)
2.3
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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
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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.
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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.. _
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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.
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Lots 1,
Fencinc. All fencing outside the Build.ing Envelopes on
2, 3, 4 and 5 shall cOlllPly with colorado Division of
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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
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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
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~a~ time, ~ased on the ~en ~~~n~ appraised val~e of ~ne tet.
Lo,: ;; is exupt from ':..'le ParX Dedication Fee.
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:'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.
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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.
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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.
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23. Read DUlacre. Each Lot owner is responsible and shall
promptly repair in a goed and workmanlike manner, any damage caused
15
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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).
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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
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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
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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 &; ~-
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: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
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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 ...
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(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
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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)
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Sti water Ranc
Subdivision/PUD
Conceptual Submission
Affordable Housing Project
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CREEK
STUDIO
~6No11h rwrth&tre<'
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ENGINEERS
SURVEYORS
,... (970) 925-6727
FAX (970) 925-4157
SG
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SCHMUESER
GORDON MEYER
P.O. Box 2155
Aspen. CO 81 ~12
,...
November 22, 1999
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Mr. David Michaelson
OTAK / ROCK CREEK STUDIO
36 North 4th Street
Carbondale, CO. 81623
I"'"
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RE: Benedict-Stillwater Ranch Parcel 1. Lot 1 Affordable Housina Proiect. Conceptual
Submission Enaineerina Report
,...
Dear Dave:
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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.
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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
,...
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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.
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November 22, 1999
Mr. David Michaelson
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Gas Service
,~
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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.
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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.
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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.
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The existing access driveway into Lot 1 leaving Stillwater Road currently meets the Pitkin County
"Country Access" standard in terms of grade and width.
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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.
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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.
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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.
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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
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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
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Sti water Ranc
SubdivisionjPUD
Conceptual Submission
Affordable Housing Project
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PRELIMINARY
GEOTECHNICAL INVESTIGATION
STILLWATER RANCH
PITKIN COUNTY, COLORADO
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Copy
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Prepared For:
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MICHAEL FULLER ARCHITECTS
710 East Durant Street
Aspen, Colorado 81611
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Attention: Mr. Steve Novy
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Job No. GS-2792
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September 16,1999
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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
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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.
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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.
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SUMMARY OF CONCLUSIONS
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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.
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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
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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.
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MICHAEL FULLER ARCHITECTS
STILLWATER RANCH
CTLIT GS.2792
1
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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
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SUBSURFACE CONDITIONS
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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.
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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).
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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.
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SITE DEVELOPMENT
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Site Gradinq
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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
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MICHAEL FULLER ARCHITECTS
STILLWATER RANCH
CTUT GS.2792
3
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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
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Utility Construction
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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.
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Underdrain
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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.
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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.
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MICHAEl. FUl.l.ER ARCHITECTS
STIl.l.WA TER RANCH
CTUT GS.2792
5
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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
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Floor Svstems and Slabs-on-Grade
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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:
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1.
Isolation of the slabs from foundation walls, columns or other slab
penetrations;
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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.
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3.
4.
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Basements
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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
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MICHAEL FULLER ARCHITECTS
STILLWATER RANCH
CTur GS-2792
7
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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
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2.
Design-level Soils and Foundation Investigations after grading; and
3.
Construction testing and inspection for site development and
residential building construction.
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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.
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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
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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.
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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
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LEGEND:
COPXTES:
,...
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,... ~ 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.
,...
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SUMMARY LOGS OF EXPLORATORY PITS
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Job No. GS-2792
Fig. 2
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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
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Ci..EAR SQUARE OPENINGS
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10
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,...,... _._.,... -,... - -. - - - - ,... - -,- - - - ,... - - - - - -:-,... - - -,...,...,... - - -,- - - - - - - - - - - - - - -
- - - -. - - - - -, - - -.- - - -: - - ,... ,... - ,- ,... - ,... -.-' - - - - - ,... - ,... - - -.- - - ,... - - - ,... - - - ,- - -
20
80
~---------------,------------------,...---:-----------
,- ,... - -' - ,... - - -' - ,... -.,... - - -, - - ,... ,... - - - ,... - - -.- - ,... - - .,. - ~ - - _.- - - .... - - - - - -
~:;:: - - : - : ,: : - - - - : : : - - ~: -'=:: : 60
~----------_.__:~-_:~:_._._-~
,-'- - 40
: .: .: .: : .::= : .:.::.: .: :;:::::: ~ ~ ~ :::::.: ::
30 0
w
z
~
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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 ~
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.
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50 ...
ffi
.
70 - - - - - -
o
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.
~ 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
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u
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40
30
20
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10
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:: =_:::::: :::: - -._- :::::::::::: ::=-- -,- - - - - - - - - - -.- :: ::: ::_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
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-- w
u
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-
70 - - - -. - - - - -, - - - - - - -, - -
----,--- -~--'--------------_._----------,--------------_._---------,--"'-
- - - -, - - - - -, - - -, - - - -.- - - - - - - '- - - -, - - - - - - - - - - - ,- - - - - - - - - - - :- - - -. - - - - - - - - - - _. - ~
60 - - - -.- - - - -, - - -,- - - -.- -
- - --------- - - - - - - - -- - - --- - - ----- - -- - - -- - ---- ----
- - - - - - - - -'- - - - - - - - - - - .-' - - - - - - - - - - - - - -, - - - - - - - - - - -, - -
;; ~;;;;; ;:~;;;;;;;; ;;:=;; =; ~;;; = ;.= =; ;i;;; = =;;;; =:;:; ;30 ~
40 ~
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50 w
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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
...
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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
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Stillwater Ranc
Subdivision/PUD
Conceptual Submission
Affordable Housing Project
.ROCK
CREEK
TUDIO
36NortI\__,
CuOOn<We,~doBl623
v'.l70.Ml5.1971
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ENGINEERS
SURVEYORS
(970) 925-6727
... FAX (970) 925.4157
SG
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SCHMUESER
GORDON MEYER
P.O. Box 2155
Aspen, CO 81612
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BENEDICT STILLWATER LOT 1
AFFORDABLE HOUSING PROJECT
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CONSTRUCTION MANAGEMENT PLAN
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INTRODUCTION
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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.
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DEFINITIONS
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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.
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Contractor - The person. firm or corporation with whom the Owner has entered into the
Agreement.
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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.
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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.
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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.
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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:
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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.
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November 2, 1999
Benedict-Stillwater Lot 1
Affordable Housing Project
Construction Management Plan
Fugitive Dust Control Plan
Page 3
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2. Doas shall be prohibited from the construction site.
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3. Contractors shall encourage carpoolina of laborers to the construction site to minimize
related traffic on the Stillwater Road.
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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.
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FUGITIVE DUST CONTROL PLAN AND SPECIFICATION
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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:
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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.
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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.
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2.00 MATERIALS
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2.01 Maanesium Chloride
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Constituents
Percentaae bv Weiaht
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Magnesium Chloride
Sulphate
Potassium, sodium, calcium
Nitrate
Approximately 28%-36%
2.5%
Less than 1 %
-0-
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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
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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.
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November 2, 1999
Benedict-Stillwater Lot 1
Affordable Housing Project
Construction Management Plan
Fugitive Dust Control Plan
Page 5
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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.
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SCHMUESER GORDON MEYER. INC.
State Department of Highways
Division of Highways
State of Colorado
Standard Specifications
for
Road and Bridge
Construction
1991
No...........
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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.
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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
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216.01
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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.
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MATERIALS
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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.
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Width:
Length:
Weight per sq. yd.:
48" i 1 inch
180 feet avg.
.875Ibs. t 10%
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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
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Stillwater Ranch
SubdivisionfPUD
Conceptual Su bmission
Affordable Housing Project
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CREEK
STUDIO
36 North rOUrln St,,,,,
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0970.9;;3.1911
f970.9113.16Z2
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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:
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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
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Fredric A. Benedict
1280 Ute Avenue
Aspen, CO 81611
".,.
Nicholas Gui Benedict
6410 South Hudson Street
Littleton, CO 80121
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The terms of office of the initial directors are set forth in the
Bylaws.
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ARTICLE VII
Officers
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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.
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ARTICLE VIII
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Convevances and Encumbrances
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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.
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,...
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.
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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
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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
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14721.
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Executed this 3c7m.- day of '--y,r,,"-1 cc,
, 1995.
a'r'r-V~uJCr'~
Amy Waters
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BYLAWS
OF
STILLWATER RANCH OPEN SPACE ASSOCIATION
(A Colorado Nonprofit Corporation)
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Effective as of March30, 1995
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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
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Page
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3
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Paqe
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. 16
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vacancies . . .
President . . .
Vice President
Treasurer . . .
Secretary . . . . ' ..
Assistant Treasurers and Assistant Secretaries
4.
5.
6.
7.
8.
9.
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Committees
ARTICLE VI:
1. Committees of Directors
2. Other Committees
3. Term of Office
4 . Chairman
5. 'Vacancies
6. Quorum
7. Rules..
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... ARTICLE VII: Assessments and Liens
Levied by Board of Directors
Liens . . . . . . . .
1.
2.
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ARTICLE VIII: Indemnification
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Indemnification
Limitation
l.
2.
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ARTICLE IX: Contracts, Checks, Deposits, Gifts and Proxies
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Contracts . .
Checks, Drafts, Etc
Deposits
Gifts .
Proxies
1.
2.
3.
4.
5.
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ARTICLE X: Books and Records
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ARTICLE XI: Corporate Seal .
ARTICLE XII: Waiver of Notice
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ARTICLE XIII: Amendments to Bylaws
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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:
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~ Ownership of a Lot in stillwater Ranch Subdivision, according
-to the Final Plat thereof recorded December 30, 1~94 in Plat Book
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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~
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vote on each matter submitted to a vote of the members. Cumulative
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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
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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
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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
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incurred in connection therewith.
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ARTICLE III
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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
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electing Directors (if necessary) and for the transaction of such
other business as may come before the meeting. If the day fixed
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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
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required) shall not be held on the day designated herein for any
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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.
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Spec~al meetings of the members
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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.
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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
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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.
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9.
votinq bv Mail. Where Directors or officers ,are to
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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
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term of the new director shall be two (2) years following said
- 'death.
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(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
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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,
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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
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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,
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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
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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
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and control all of the business and affairs of the Association. He
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~ 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
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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
....
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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
.
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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
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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,
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altering or repealing any resolution of the Board of Directors.
The designation and appointment' of any such committee and the
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delegation thereto of authority shall not operate to relieve the
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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
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.... of the Board of Directors designating a committee, a majority of
the whole committee shall constitute a quorum and the act of a
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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
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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.
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Special assessments may be levied by the Board of Directors at any
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~\ time in order to pay for costs and expenses of the Association that
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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.
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ARTICLE VIII
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Indemnification
1.
Indemnification.
To the extent permitted or
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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
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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
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and disbursements of counsel, accountants or other experts)
incurred by such person in such proceeding, and (b) shall advance
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,to such person expenses incurred in such proceeding.
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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
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director or officer.
....
The foregoing provisions
for indemnification and
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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
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or in its Artic~es of Incorporation.
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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.
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B.
Director or Officer.
The term "director" or
-"officer" means (a) a director or officer of the Association, and
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(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
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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
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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.
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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
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persons entitled to such notice, whether before or after the time
,stated therein, shall be deemed equivalent to the giving of such
notice.
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ARTICLE XIII
Amendments to Bvlaws
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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
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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
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I, the undersigned, do hereby certify:
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THAT I am the duly elected and acting secretary of STILLWATER
RANCH OPEN SPACE ASSOCIATION, a Colorado non-profit corporation,
and,
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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.
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(SEAL)
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Secretary
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14794.
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JUN-25-88 08.18 FROM.HOLLANOHART
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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.
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2.
,...
3.
4.
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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...
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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
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ID.8708258415
PAGE: 5/15
NOTICE OFPtmLICHEAlUNGPUBLISHED IN THE ASPEN IlMES ONTm 24TH DAY OF "
APRIL 1999.
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APPROVED AND ADOPTED ON THE Z6TH DAY OF MAY 1999.
nSTED RIGHTS NOTICEPUB~HED ON THE JJ:!!DAY OF .JviJrf:.- .1999.
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,..(Y.iV:Pec:. ;(. J>~
eptzty Clerk and.Recorder
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APPROVED AS TO FORM:
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JolmEly, ~
COlllll;y Atto
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Case #P50-99
PID #2737-179-00-009
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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
".,.,
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JUN-2S-SS 08,20 FROM.HOLLANOHART 1D:9709259415
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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;
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-
Raso~u~ion Bo. 9.-~
Page 2
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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.; ":'
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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
~
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.
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
"-
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-
,
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
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CO\.l:lty and landowner apP=Oval can :be obtained.
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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
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in
..51
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&
.0::- developlllent on Lqt 1 f::-om HighlolaY 82.
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~ 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
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the garage or home entr,mce (unless other-wise required by the
Uniform Building'code), ac~ess drive and landscape ~accent"
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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
-
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,... ?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.
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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
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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-
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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:.
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Sti lwater Ranch
SubdivisionjPUD
Conceptual Submission
Affordable Housing Project
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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
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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..... .
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,....
...
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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
....
,...
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By: #-~" ... .-?
Artlfur C. Daily, Personal Representative
,....
LOT 12, CALLA.....AJ,'l':
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By: m.a.,uL-.:tJ,.;~lA.~~ &..~ -G~cv--
Marie-Fabi=e Benedict GcrdoIl, Owner
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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
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Wrtness r:D;f hlu::d me! official seal.
Mv commission =ires:
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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
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Wrtness r:D;f hand and officia1 s~ ..... ..... ......
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My commission expires: ~ ]~ 4 bo"tM :' '~",~ '. ~ ::0
NO~~C y 4.~~~r' .' ';f
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