Free Response - District Court of Colorado - Colorado

Case 1:00-cv-02361-WDM-BNB

Document 43-2

Filed 04/06/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. OO-cv-02361-WDM-MEH (concerning related Case Nos. 00-cv-02361-WDMMEH through 02363- WDM-MEH: and Case Nos. 00-cv-02365- WDM-MEH through OO-cv-

02374-WDM-MEH: and concerning Case Nos. 00-cv-2364-MJW-MEH and 00-cv-02394MJW-MEH)
Case No. 00-cv-02361- WDM-MEH

WYRICK G. DEANE.

Plainti ff.
v.

MILTON TUCKER. et al.
Defendants.

DECLARATION OF CINDY HOUBEN

L Cindy Houben. declare as follows:
1. I am a citizen of the State of Colorado. I have personal knowledge of all matters

discussed herein. and if called up to do so could testify to their truth.
2. I serve as the Director of the Pitkin County Community Development Department

("Community DevelopmenC). I have been employed in this position for 11 Y2
years.

3. Community Development is responsible for regulating the subdivision and lands within unincorporated Pitkin County. In my capacity as Director of Community Development I am familiar with all aspects of the
development of all

Departments operations. and consequently with the overall pattern of

development in Pitkin County. I am familiar both with provisions of state law regarding zoning. planning. and subdivision. and with the provisions of the Pitkin

Case 1:00-cv-02361-WDM-BNB
IN THE UNID STATES DISTRCT COURT

Document 43-2

Filed 04/06/2007

Page 2 of 3

FOR THE DISTRCT OF COLORAO CASE NO. OO-cv-02361 DECLATION OF CINDY HOUBEN

County Land Use Code addressing such topics. I am also familiar with how
Community Development implements those provisions of law.
4. I am familiar with the land identitied as "Parcel A" in the proposed settlement

between Wyrick Dean and the United States Forest Service that has been tendered
to the Court in this lawsuit. Parcel A is located on the western tlank of Aspen

Mountain in Pitkin County. It is situated on steep slopes. and the only access to
the property is via a rugged and unimproved road that winds its way through similarly steep terrain. The current zoning of Parcel A and the surrounding area is
Rural and Remote (RR).
5. Properties in the Rural and Remote zone district are typically characterized by

location more than one-half mile from winter-maintained public roadways:

absence of traditional utility services: limited availability or absence of emergency

services: little or no development in surrounding areas: presence of natural
hazards such as rockfalL. avalanche and wildtire hazard: location within subalpine or alpine ecosystems: and locations adjacent to federal public land.

6. The minimum parcel size in the Rural and Remote zone district is 35 acres. Subdivisions that propose creation of new lots with an area of less than 35 acres in this zone district are not allowed under the Pitkin County Land Use Code. The creation of Parcel A would be considered a subdivision under the Pitkin County Land Use Code and state law. but would not be allowable under those authorities because Parcel A is less than 35 acres in size and thus does not conform to the
zoning.
7. Creation of new parcels in the Rural and Remote zone district runs counter to

long-established Pitkin County objectives because Rural and Remote areas are situated such that provision of emergency services is impractical and the impacts
on the natural environment from development are especially harmfuL. The County has gone to considerable effort and expense to ensure that the Aspen Mountain

area and other areas in the Rural and Remote zone district remain as undeveloped
as possible by implementing a Transferable Development Rights Program that

results in more intensive development in other areas of the County. The purpose

of this program was largely to prevent development in the vicinity of Forest
Service lands. and it has been successful through the protection of many
thousands of acres. The Pitkin County community has. however. realized this development in the non-Rural and Remote areas of Pitkin County as a result of the program.
8. If the Forest Service begins carving out federal

lands-like Parcel A-in the Rural

and Remote zone district and transferring them into private ownership the entire

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Case 1:00-cv-02361-WDM-BNB
IN THE UNID STATES DISTRCT COURT

Document 43-2

Filed 04/06/2007

Page 3 of 3

FOR THE DISTCT OF COLORAO
CASE NO. OO-cv-02361

DECLATION OF CINDY HOUBEN

purpose of the TDR program will be undermined and the community balance

underlying the program will be upset.
9. I am familiar with the seven so-called "Deane Parcels" that would be conveyed to

the United States through the settlement but are not subject to the litigation.
These parcels have all already had their development rights stripped otT through

the TDR program.

10. I do not believe that the settlement is in the best interests of the public because it would illegally create Parcel A. and because Pitkin County has already preserved
the wilderness character of all the parcels in question through its TDR program or conveyance of good title to the United States pursuant to the Exchange Act.
11. Additionally. should the United States District Court order that Parcel A be

created. Parcel A would be deemed a legal parcel pursuant to Colorado state law. However. under the Pitkin County Land Use Code. adopted pursuant to Colorado state law. the property would not be developable without tirst obtaining a growth management allocation through the County's development review process. This development reviev, process would be highly problematic as the parcel would be drastically nonconforming to the 35-acre minimum parcel size for the zone district.
perjury that the foregoing is true and correct and that this declaration is executed this 6th day of April 2007 in Aspen. Colorado.
I declare under penalty of

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Cindy Houben
STATE OF COLORADO
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COUNTY OF PITKIN

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