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pitkin.planning.290919102001 (2008)
DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2909-19-1-02-001 Application Date: 3/5/08 Case No: P029-08 Description: Planner: Lance Clarke # Copies: 7 Allocated Hours: 12 Project Address: 9550 CASTLE CREEK RD, ASPEN, CO 81611 % Over Hours: 4.4 Property Owner: HEDSTROM Address: 19 FOXBORO Owner Phone: IRVINE, CA 92614 Owner's REP: GLENN HORN Address: 215 S MONARCH ST, 104 REP's Phone: (970) 925-6587 ASPEN, CO 81611 REP's Email: Referrals: EH & NR REFERRAL Other Referrals: Maroon/Castle Creek Caucus FIRE DEPT -ASPEN CDOW ALL OTHER REFERRALS Comments Due Date: Meetings: 7st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 05/20/2008 Review Body: ho Public Hearing? yes Notice Date: 04/20/2008 Meeting Notes: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: 06-2008 #550177 Admin Determination #: Otherlnformation: VR Approval Date: 05/20/2008 Plat Recorded Date: 07/01/2008 VR Expires Date: 05/20/2011 Plat (Bk, PG): B87 P69-70 #550657 Remarks: Application Type: Other 91-02-001 Envelope, Site Hedstrom Caucus, Aspen F: 3/10/2000 6/8/2006 to rep 8 jj 5/29/08//bj// deter to rep 611 610 8 // Ho pd $87.50 ]27329 2/19/09//b1 CA 92614 Wo1N apen, CO 61611 PkM#~925-65ft7 ALLfl~A`fED-FtDUR3; 12 %QV~f~ ' 14.4 DLiEs 5/9/2008 `.FINAL ACTION: 5/20/2008 ` I~tlt~C R~ac+: ~3GCtktd: ~._~..._~ PZ: ~~ _ HFiG QFI=: 06-2008 #550177 #~+~ ~ 2008 ADAhIN: _. ~B87 P69-70 #55065 fxDM4+1-1 EXPIRES: 5 /2 012 01 1 4?dta Se ' ': ::; 7/1108 ~..... shelf RECEPTION#: 550177, 06/10/2008 at 03:09:13 PM, ~ OF 6, R $0.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO DETERMINATION ON'1'HE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITIi;IN COUNTY, COLORADO, APPROVING THE HEDSTROM ACTIVITY ENVELOPE AND STYE PLAN REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION FOR TDR RECEIVER SITE AND MINOR PLAT AMENDMENT Determination No~-2008 RECITALS 1) Mazk and Kazen Hedstrom (hereafter "Applicant") have applied to the Pitkin County Hearing Officer (hereafter "Hearing Officer") to obtain Site Plan approval to replace the existing single-family residence and construct a barn. The Applicant is also requesting special review approval and GMQS exemption to utilize one TDR to develop up to 8,250 squaze feet of floor azea. The lot is within a designated scenic view protection area as seen from Castle Creek Road. The Applicant is also requesting approval of a Minor Plat Amendment to revise the building envelope on the recorded plat. 2) The property is located at 9555 Castle Creek Road, and described as Lot 1, Subdivision of part of HES 305. 3) The lot contains 21.412 acres and is a conforming size lot in the AR-10 zone district. 4) The BOCC approved the subdivision of part of HES 305 in 1980 pursuant to Resolution No. 80-7; the final plat is recorded in Plat Book 8 at Page 77. Building envelopes were established on Lots 1 and 2 at that time. The house on Lot 1 was built in 1982. 5) The Hearing Officer heazd this application at a duly noticed public hearing on May 20, 2008, at which time evidence and testimony were presented with respect to this application. 6) The Hearing Officer finds that the request complies with the applicable provisions of the Land Use Code, as follows: A) The Activity Envelopes are located on slopes of less than 30%, and avoid the 100 year floodplain of and are set back more than 100' from Castle Creek. B) All structures are located outside of the red and blue avalanche hazard areas that affect the lot. Envelopes within the blue avalanche hazard area are only intended to accommodate undergrounding of the existing power line, grading and landscaping, a portion of the on-site wastewater disposal system and a horse pasture. C) Development is set back at least 100' from the intermittent stream in the southwest corner of the lot, with the exception of the existing septic system. D) The Site Plan complies with the applicable criteria in the Code. E) The proposed residence and barn are consistent with the criteria for development within the Scenic View Protection Area. F) The use of one TDR on the site is appropriate, given the limited visual impact as seen from Castle Creek Road and compliance with the other special review criteria. G) Replacement of a minimum of 50% of the total diameter inches of trees removed with new or transplanted landscape material is acceptable, given the nature of the aspen forest; thinning and removal of larger diameter trees will encourage regeneration of the existing aspen stand. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Community Development Heazing Officer that he does hereby approve the Hedstrom Activity Envelope and Site Plan Review, Special Determination Na~-2008 Page 2 Review and GMQS Exemption for TDR Receiver Site, and Minor Plat Amendment, subject to the following conditions, which shall run with the land and be binding on all successors in interest: l . The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The Applicant shall comply with all standards for development within Scenic View Protection Areas as represented in the application and approved in this Determination. The exterior of the residence shall utilize indigenous earth tone materials or colors and the roofs shall have anon-reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. Driveway lighting is prohibited and all other lighting shall comply with the lighting code. 3. Prior to submission of any building permit applications for the new residence, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. Concurrently, the Applicant shall submit for approval by the County Attorney and Community Development an amended plat for Lot 1. The Site Plan shall be amended as follows: A. Revise Activity Envelope #4 to coincide with the 100' setback from the intermittent stream (southwest corner), with the exception of the existing septic system, the area of which may be inc]uded within the envelope. B. Reduce the northern portion of Activity Envelope #4 to the azea needed to accommodate the on-site waste water disposal system for the residence. C. Eliminate the portion of Activity Envelope #2 that extends off of Lot 1 onto Lot 2. 4. The pazcel is exempt from Growth Management for up to 5,750 square feet of floor area. At building permit application for the new residence, the Applicant shall surrender one TDR Certificate and a copy of the deed(s) evidencing the Applicant's acquisition of the Certificates (if applicable), in order to develop in excess of 5,750 and up to 8,250 square feet of floor azea. 5. Prior to issuance of a building permit application for the new residence, the Applicant shall: A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable, to the Environmental Health and Natural Resources Department. B. Complete afireplace/woodstove registration form with the Community Development Department, if necessary. C. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If site disturbance exceeds one (1) acre, the Applicant shall obtain a stormwater permit from the State of Colorado. D. Obtain a County access/driveway permit acceptable to the Aspen Fire Protection District and County Engineer for the extension of the driveway. Where utilities are to be extended within the driveway, utility line locations shall be shown on the drawings. E. Submit a construction management plan for review and approval by the Planning Engineer. F. Pay the applicable road and employee housing impact fees. Determination No.~-2008 Page 3 G. Obtain a permit from Environmental Health and Natural Resources for the new on-site wastewater disposal system. The existing system shall be properly abandoned, if it is not retained to serve the bam. H. Submit a detailed revegetation plan for disturbed aeeas with appropriate seed mixes. The plan shall specify the native seed mix to be used, the rate at which it will be applied and the method of cover. I. Submit a landscaping and tree removal/mitigation plan. Landscaping shall be substantially consistent with the landscaping shown on the site plan. Landscaping shall be completed prior to issuance of the Certificate of Occupancy for the residence. The tree removal/mitigation plan shall include a precise inventory of trees to be removed and shall provide for replacement of a minimum of 50% of the total diameter inches removed with new or transplanted landscape material; diseased trees or trees required to be removed for wildfire mitigation are not required to be replaced. The Applicant shall maintain a minimum of 2-5 standing dead trees per acre for wildlife. 6. Areas disturbed by construction shall be re-vegetated within one growing season of the project's completion. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard Area: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, 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 ten-foot (] 0') perimeter around all structures. 2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). 3. Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4. All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height often (10) feet above the ground with removal of ladder fuels from around trees and brush. 5. Tree crown sepazation within the thirty (30) foot perimeters shall have a minimum often 6. (] 0) feet between the edges of the crowns, except for mature stands of aspen trees 7. where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. 8. All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 9. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 10. All deadfall up to a one hundred (100) foot perimeter shall be removed. Determination No~-2008 Page 4 11. No new conifer trees shall be planted within ten (10) feet of a residence. 12. No flammable mulches shall be placed within two (2) feet of a residence. 13. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed ofnon-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. C. Water Supply for Fire Safety 1) Individual structure water supply and storage shall be accessible to fire deparhnent vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The lot shall have a minimum 20,000 gallon water storage tank (or alternative approved by the Fire District). 2) In-house sprinkler systems that meet the standards of the AFPD and the adopted Building Code shall be installed in all new buildings. D. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (''/o) inch maximum. 3) Any outbuilding shall adhere to the same wildfire requirements. 4) Yards shall be kept clear of all litter, slash and flammable debris. 5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 6) Weeds and grasses within the ten (] 0) foot perimeter shall be maintained to a height not more than six (6) inches. 7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (] 5) feet away from the structure. 8) Swimming pools and ponds shall be accessible by the local fire district. 9) Fences shall be kept clear of brush and debris. 10) Wood fences shall not connect to other structures. 11) Fuel tanks shall be installed underground with an approved container. 12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire-resistive construction on the exterior side of the walls. 13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. Determination No.~-1008 Page S 14) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on anon-combustible post. 8. The Applicant shall comply with the following conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelopes is prohibited. Landscaping shall be limited to the designated Activity Envelopes. B. New fences shall comply with the following: 1) Mesh or woven wire fences are prohibited. 2) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. 3) Wire fencing must be three (3) strands or less. The top wire should be atwelve-point-five (12.5) gauge twisted barbless Type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. C. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelopes. D. With reasonable notice to the property owner, access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife, except in case of a wildlife emergency. E. Trash/garbage shall be kept in an approved bear resistant container or enclosure, including during construction. F. Pets shall not be fed outside. Bird feeders shall be avoided from April through November. Lever style door handles shall be avoided on the exterior of the house. Composing shall be limited to yard waste. G. Horse grains, pellets, and cookies shall be stored in bear resistant containers. H. Contractors shall be prohibited from bringing dogs on-site during construction. 9. No development shall occur outside of the approved activity envelopes, with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. 10. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelopes and install construction fencing around the construction site within the perimeter of the envelopes. The fencing shall remain in place until issuance of a Certificate of Occupancy. 11. No structural development in excess of 30", with the exception of fencing, shall occur within the setbacks of the lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that is not allowed by the Code shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 12. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 13. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Determination No~Q-2008 Page 6 Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on May 2Q 201 I . 14. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 20`" day of April, 2008. APPROVED AND ADOPTED this 20's day of May, 2008. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeks on the g day of ~~, 2008. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO ATTEST: Bonnie Waechtler, Administrative ssistant ~~----- James R. True, Hearing Ofticer Date ~~-(_~p g APPROVED AS TO FORM: John Ely, County ey APPROVED AS TO CONTENT: ~~ ~p c~_ Cindy Houben, Community Development Director P029-08;PID#2909]9102001 MEMORANDUM TO: Pitkin County Hearing Officer FROM: Suzanne Wolff, Senior Planner ~~ RE: Hedstrom Special Review, Activity Envelope and Site Plan Review, GMQS Exemption DATE: May 20, 2008 SUMMARY: The Applicant is requesting approval to utilize one TDR to construct a new single family residence of up to 8,250 square feet of floor area. The Applicant is also proposing to construct a barn (exempt up to 1,160 square feet). The Applicant is requesting the following approvals: • Activity Envelope and Site Plan Review • Special Review and GMQS Exemption for TDR Receiver Site • GMQS Exemptions for replacement structures and barn • Minor Plat Amendment to revise the previously approved building envelope APPLICANT: Mark and Karen Hedstrom REPRESENTATNE: Glenn Horn LOCATION: 9555 Castle Creek Road; Lot 1, Subdivision of part of HES 305 ZONING/LOT SIZE: The lot contains 21.412 acres and is conforming in size in the AR-10 zone district BACKGROUND/EXISTING CONDITIONS: The BOCC approved the subdivision of part of HES 305 in 1980 pursuant to Resolution No. 80-7; the final plat is recorded in Plat Book 8 at Page 77. Lot 1 crosses Castle Creek Road; the building envelope is located on the west side of the road. Lot 2 is entirely located on the west side of the road. A trail easement was granted on the east side of the road between the road and the creek. The lots share a driveway off of Castle Creek Road. "fhe houses were built in 1982 and 1989, respectively, REFERRAL AGENCIES: Referral agency comments from Environmental Health/Natural Resources, Division of Wildlife, Planning Engineer and Aspen Fire are incorporated throughout this memorandum and are attached for reference. The application was referred to the Maroon/Castle Creek Caucus and Open Space and Trails, but comments were not received. STAFF COMMENTS: MINOR PLAT AMENDMENT: The Applicant proposes to amend the plat to reflect the new activity envelopes. A minor plat amendment may be approved if: (a) It is necessary to correct crn inadvertent surveying error to a recorded plat that has been approved by Pitkin County, where the error was not intended to circumvent the provisions of dhis Land Use Code, the correction increases or does not subs[anttally affect the degree of compliance wish the standards of this Land Use Code; and the revised final plat will comply with the final plat standards of Pitkin County Land Use Application Manual; or 000001 0-~ Iq (b) The amendment increases or does not affect the degree of compliance with the standards of this Land Use Code; and the amendment is being made to a recorded plat that has been approved by Pitkin County; and the amendment is consistent with representations made during the conceptual and detailed subdivision reviews, whichever is applicable. Response: The BOCC approved the plat in 1980. The proposed activity envelopes are not inconsistent with the original representations. The amendment does not affect the degree of compliance with the Code. ACTIVITY ENVELOPE and SITE PLAN REVIEW (7-10-50): Request for an Activity Envelope and Site Plan approval must comply with the provisions and policies of Chapter 7. 'i'he Applicant is seeking Activity Envelope and Site Plan approval to construct a new residence and barn and to extend the driveway. The Applicant is also seeking Activity Envelope approval for the new detached caretaker dwelling unit and barn; a Site Plan application for these improvements will be submitted a[ a later date. SITE PREPARATION AND GRADING (LUC Sec. 7-20-10): Grading: All grading and fill placement will occur within the Activity Envelopes. Grading will be minimized to protect the existing trees. • Clearing, Grubbing and Vegetation Removal: The Applicant states that all clearing, grubbing and vegetation removal will occur within the designated activity envelopes. Tree Removal and Mitigation. The Applicant has provided a report from Jason Jones, Board Certified Master Arborist, which addresses tree removal on the site. The property is heavily forested with numerous aspen trees. Mr. Jones has determined that 861 inches of DBH will be removed. He suggests that a total of 431 inches be installed, either as new landscape or transplanted material. The code requires a 1:1 replacement (excepting diseased trees) "to the maximum extent practicable." Mr. Jones suggests that in an aspen forest, which is an entity in and of itself, "it would be more appropriate to target mitigation efforts on the preservation of the forest area as a whole rather than focusing on individual trees," and that this aspen stand would benefit from thinning and removal of larger diameter trees. He notes that many of the larger trees are weaker, lower vigor trees with very low canopy to stem ratios. He recommends that declining and dead trees and downfall be removed to encourage regeneration of the existing aspen stand. He also suggests that smaller trees removed for the development be transplanted, based on his experience that trees transplanted on-site perform more favorably than those grown in other locations. Staff finds the replacement proposal to be acceptable. • Protection of Natural Terrain: The Applicant agrees to comply with the applicable standards STEEP AND POTENTIALLY UNSTABLE SLOPES (LUC Sec. 7-20-2U): The proposed Activity Envelopes contain slopes of less than 30%. WATER COURSES AND DRAINAGE (LUC Sec. 7-20-30): The development will not encroach on any rivers, streams, ponds, wet meadows or wetlands. The Applicant commits to adhere to all of the Code provisions pertaining to water courses and drainage, sediment and erosion control, irrigation and groundwater, and to demonstrate compliance at the time of building permit application. FLOODPLAIN (LUC Sec. 7-20-40): No development is proposed within the 100 year floodplain of Castle Creek ~~~UQ~ GEOLOGIC (LUC Sec. 7-20-50): Avalanche.• Art Mears evaluated the site and mapped the red and blue avalanche hazard areas. He finds that there are areas on the lot that are free of avalanche danger. The proposed residence has been relocated since Mr. Mears' report to avoid the blue avalanche hazard area, as shown on the site plan. Portions of Activity Envelope #s 1 and 4 are within the blue hazard zone; however, the only development that will occur within that area is grading, landscaping and a portion of the on-site waste water disposal system (OWTS). Nancy MacKenzie of Environmental Health and Natural Resources notes that an avalanche could destroy or impair the OWTS, such that the house could becoming uninhabitable until the system was repaired or replaced. Staff recommends that as much of the system as possible be located outside of the blue zone, without requiring the removal of additional trees. WILDFIRE (LUC Sec. 7-20-60): The site is within a low to medium wildfire hazazd area. Standard mitigation measures will apply. Ed Van Walraven, Fire Marshal for the Aspen Fire Protection District notes that the project shall meet all of the codes and requirements of the District, including but not limited to access, turning around of fire apparatus, installation of approved fire sprinkler systems in all structures, and a minimum 20,000 gallon water supply for fire fighting. WILDLIFE (LUC Sec. 7-20-70): The Division of Wildlife notes that the lot is not within any mapped wildlife habitat areas, and finds, "For the most part, construction of a new home with associated outbuildings/barn should not have significant negative impact to wildlife. The main impact will be direct loss of existing aspen habitat type and if the parcel is fenced for horse grazing, the parcel will have less benefit to wildlife." The DOW's recommendations tominimize impacts to wildlife and minimize human-wildlife conflicts are included in the conditions. RrvER AIVD STREAM CORRIDORS AND WETLANDS (LUC Sec. 7-20-SO): The portion of the lot on the east side of Castle Creek Road is bounded by Castle Creek; no development is proposed in this azea, and the activity envelopes will be located more than 300' from the creek. There is an intermittent stream in the southwest corner of the lot; the Applicant has delineated the 100' setback from the stream. The existing septic system is located within the setback. "fhe area within the setback (including the septic system) has been included within Activity Envelope #4. Staff recommends that the envelope be amended to exclude the area within the stream setback, with the exception of the existing septic system. The system may remain, or if it is to be abandoned, this area shall be reclaimed and no other development permitted in that area. SCENIC VIEW PROTECTION REVIEW (LUC Sec. 7-20-120): The property is within the Castle Creek Road scenic view protection area ("SVPA"). The development shall comply with the following standards. (1) The proposed development shall utilize existing topography and natarral vegetation, such as ridges, hills, and existing trees, to screen buildings to the maximum extent practicable when viewed from those right-oj- way listed in subsection lbj above. Response: The existing aspen trees hide the existing house from view from Castle Creek Road. The Applicant has tried tominimize tree removal between the new house and the road. It may be possible [o see the new house and barn from the road in the winter, but probably not in the summer. The barn will be sited in the location of the existing residence. (2) The proposed development shall avoid the location ofstructures within the Scenic View Protection Areas, and shall avoid the location ofstructures within any Yiewplane identifred in the State Highway 82 Corridor 000003 Master Plan and Down Valley Comprehensive Plan if possible. If location outside the Scenic View Protection Area and defined Viewplanes is not practicable, then the proposed development shall not be located on the highest ground or most visible portion of nrrv site as viewed, front those corridors listed in subsection (b) above. Response: The entire property is within the mapped SVPA, but it is not within an identified viewplane. The Applicant has avoided the most visible portion of the lot, which is an open area to the north of where the development is proposed. (3) The proposed development's height and bulk s'hull be designed to avoid, to the maximum extent practicable, the visibility of buildings from those corridors listed in subsection (b) above. This may include, but shall not be limited to, breaking the mass of the building down into a series of smaller forms, articulation of the building facades to avoid a wall or row effect, and staggering rooflnres to avoid a long unbroken plane. Response: The Applicant states, and staff agrees, that due to the dense trees between the road and the residence, the massing of the building is not critical to protecting views from Castle Creek Road. A one story structure is proposed. (4) The proposed structure shall be placed so it does not project above a ridgeline such that a structure silhouettes against the sky when viewed.from those corridors listed in subsection (b), unless there are no adternade building sites on the lot or parcel. Response: Not applicable (5) The proposed development shall be designed to complement the natural topography of the land through the use of techniques such as earth-sheltered design, the use of natural nruterials and coloring, the use of low- reflectance materials, or clustering of sn~uctures on the !errs! visible portions of the site. When a building is proposed near a ridgeline, then its,fi~rm (particularly its roof form) shall replicate, parallel, or complement the natural form of the ridgeline so that it appears to be an elemem oj7he natural ridgeline. Response: Natural and non-reflective materials will be used. (6) The proposed development shall preserve natural vegetation and avoid development within irrigated meadows, to the maximum extent practicable. Response: While some of the aspen stand will be removed to accommodate the house and driveway, the Applicant proposes to preserve the stand to the extent feasible and to follow recommendations to enhance the health of the stand. The lot does not contain any irrigated meadows. (7) The proposed development shall install utilities in locations and through procedures that minimize visual impacts to the maximum extent practicable. Response: Utilities already exist on-site. The existing above-ground ftoly Cross power line will be placed underground within Activity Envelope #3. (8) All satellite dishes in the proposed development shall he located to minimize visibility from those rights-of- wcrylisted in subsection /bl, and shall use earth done colors and~or screening to minimize their visual impact. Response: Not applicable. (9) The proposed development shall not use earth moving and berms as the primary means of compliance with these regulations, but earth moving may be utilized in conjunction with other techniques to comply with standards in this section. Where earth moving techniques are necessan~, man-made forms should be undulating and natural in appearance. Response: Earthmoving and berms are not proposed to screen the development. ~~0~0~ (10) The exterior of all development, except development located and designed in the form of a ranch compound, shall be built or painted with indigenous earth tone materials or colors. The exterior of a ranch compound should be built or painted with indigenous earth tone materials, or shall be painted or stained using local, traditional ranch colors, which shall include shades of red, brown, or white. Paints or stains that simulate weathered barn wood also shall fie permitted. (I1) All roofs shall have upon-reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior ro nrstallution to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipmend. (12) Lands disturbed by earth moving or berms should be revegetated using native species that are already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas. /rrigation shall be provided to the revegetated areas !fit is necessary to ensure survival of planted native species. Response: The Applicant shall comply. (13) To the maximum extent practicable, roads mad driveways shaA be located to skirt the edge of and avoid dividing meadows and postures and to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening, u row of bees may be planted along the roads or driveways. To the maximum extent practicable, roods and driveways located around the edge of or in meadows shall he laid out with soft, curvnrg edges and shell avoid straight line corridors that are incongruous with the natural setting. Response: The existing driveway will remain in its current location, and will be extended to the new residence. The driveway will be screened by the existing aspen trees and does not require any major road cuts. LANDSCAPING AND VEGETATION PROTECTION (LUC SOC. 7-20-130): The Site Plan SNOWS the propOSed landscaping. The Applicant proposes to plant new aspen trees around the house and to utilize native grasses to revegetate disturbed areas. LIGHTING (LUC Sec. 7-20-140): The Applicant shall submit a lighting plan for review and approval to ensure that the exterior lighting is consistent with the Code. SPECIAL REVIEW: Special Review approval is required to designate the property a TDR receiver site for one TDR for additional floor area up to 8,250 square feet of floor area, subject to compliance with the following standards. A. The special review use shall be consistent with the applicable County Muster Plan. Response: The use of TDRs for additional floor area is contemplated in the Maroon/Castle Creek Caucus Master Plan. The Plan suggests that the use of TDRs to increase house size should potentially be limited to those sites where the visual impacts of a larger home as seen from Castle Creek Road is limited. Visual impacts are addressed below. The Master Plan designates the property as "Rural Residential." B. The special review use shall not conflict with any upplicable sections of the Pitkin County Land Use Code, dncluding the County Lund Use Policies in Chup[er 1. Response: The proposed development does not conflict with the applicable provisions of the Code, as specified within this memorandum, or with the County land use policies. C. The proposed development must not materially endunger the public health, safety or welfare. D. The proposed development must not substantially injure the value of adjoining or abutting property. 5 ~~~~n~ Response: Staff has no information that would indicate that the development would endanger the public health, safety or welfare, or injure the value of adjacent properties. D. The special review use shall be consistent with the intent of the Zone District in which it is proposed to be located. Response: The intent of the AR-10 zone district is to "accommodate ... large lot residential development that maintains the rural character and appearance of the land." The proposed additional floor area is consistent with the intent of the zone district. E The special renew use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, ur .chull enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The proposed residential development is compatible with surrounding residential uses. Further subdivision of the lot is prohibited by the original subdivision approval. The lot can accommodate the additional floor area without compromising the character of the surrounding area. F The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traff c generation, parking, trash, service delivery, air~water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: The proposed residential development is compatible with surrounding residential uses. The residence will only be slightly visible from Castle Creek Road. The additional floor area will not create additional impacts beyond those of the existing residence. G. There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, ftre protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: There are adequate facilities to serve the residence. The existing Holy Cross line will be placed underground. The existing driveway will be used and extended. The residence will be served by an existing well on neighboring Lot 2. Anew on-site wastewater disposal system will be installed for the residence. The existing OWTS may be used to serve the barn, if permitted, or will be removed. H. The proposed special review use must comply with crnv additional standards or requirements stated for such use in Sec. 4-30 cmdior Sec. 2-d0-20. Response: The standards from Sec. 4-30 are addressed above, and no standards from Sec. 2-40-20 aze applicable. RECOMMENDATION: Staff recommends that the Hearing Officer approve the Hedstrom Activity Envelope and Site Plan Review, Special Review, GMQS Exemptions, and Minor Plat Amendment, subject to the attached Determination. tJ®UlSi6~ ATTACHMENTS: A. Environmental HealthMatural Resources B. Division of Wildlife C. Planning Engineer D. Aspen Fire Protection District Application provided separately ®~~o~ J DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE HEDSTROM ACTIVITY ENVELOPE AND SITE PLAN REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION FOR TDR RECEIVER SITE AND MINOR PLAT AMENDMENT Determination No. -2008 RECITALS 1) Mark and Karen Hedstrom (hereafter "Applicant") have applied to the Pitkin County Hearing Officer (hereafter "Hearing Officer") to obtain Site Plan approval to replace the existing single-family residence and construct a barn. The Applicant is also requesting special review approval and GMQS exemption to utilize one TDR to develop up to 8,250 square feet of Floor area. The lot is within a designated scenic view protection area as seen from Castle Creek Road. T'he Applicant is also requesting approval of a Minor Plat Amendment to revise [he building envelope on the recorded plat. 2) The property is located at 9555 Castle Creek Road, and described as Lot 1, Subdivision of part of HES 305. 3) The lot contains 21.412 acres and is a conforming size lot in the AR-10 zone district. 4) The BOCC approved the subdivision of part of HES 305 in 1980 pursuant to Resolution No. 80-7; the final plat is recorded in Plat Book 8 at Page 77. Building envelopes were established on Lots 1 and 2 at that time. The house on Lot 1 was built in 1982. 5) The Hearing Officer heard this application at a duly noticed public hearing on May 20, 2008, at which time evidence and testimony were presented with respect to this application. 6) The Hearing Officer finds that the request complies with the applicable provisions of the Land Use Code, as follows: A) The Activity Envelopes are located on slopes of less than 30%, and avoid the 100 year floodplain of and are set back more than 100' from Castle Creek. B) All structures are located outside of the red and blue avalanche hazard areas that affect the lot. Envelopes within the blue avalanche hazard area are only intended to accommodate undergrounding of the existing power line, grading and landscaping, a portion of the on-site wastewater disposal system and a horse pasture. C) Development is set back at least 100' from the intermittent stream in the southwest corner of the lot, with the exception of the existing septic system. D) The Site Plan complies with the applicable criteria in the Code. E) The proposed residence and barn are consistent with the criteria for development within the Scenic View Protection Area. F) The use of one TDR on the site is appropriate, given the limited visual impact as seen from Castle Creek Road and compliance with the other special review criteria. G) Replacement of a minimum of 50% of the total diameter inches of trees removed with new or transplanted landscape material is acceptable, given the nature of the aspen forest; thinning and removal of larger diameter trees will encourage regeneration of the existing aspen stand. DOOU08 Determination No. -2008 Page 2 -- NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Hedstrom Activity Envelope and Site Plan Review, Special Review and GMQS Exemption for TDR Receiver Site, and Minor Plat Amendment, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. The Applicant shall comply with all standards for development within Scenic View Protection Areas as represented in the application and approved in this Determination. The exterior of the residence shall utilize indigenous earth tone materials or colors and the roofs shall have anon-reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. Driveway lighting is prohibited and all other lighting shall comply with the lighting code. 3. Prior to submission of any building permit applications for the new residence, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. Concurrently, the Applicant shall submit for approval by the County Attorney and Community Development an amended plat for Lot I . The Site Plan shall be amended as follows: A. Revise Activity Envelope #4 to coincide with the 100' setback from the intermittent stream (southwest corner), with the exception of the existing septic system, the area of which may be included within the envelope. B. Reduce the northern portion of Activity Envelope #4 to the area needed to accommodate the on-site waste water disposal system for the residence. C. Eliminate the portion of Activity Envelope #2 that extends off of Lot 1 onto Lot 2. 4. The parcel is exempt from Growth Management for up to 5,750 square feet of floor area. At building permit application for the new residence, the Applicant shall surrender one TDR Certificate and a copy of the deed(s) evidencing the Applicant's acquisition of the Certificates (if applicable), in order to develop in excess of 5,750 and up [0 8,250 square feet of floor area. 5. Prior to issuance of a building permit application for the new residence, the Applicant shall: A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable, to the Environmental Health and Natural Resources Department. B. Complete afireplace/woodstove registration form with the Community Development Department, if necessary. C. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. [f site disturbance exceeds one (1) acre, the Applicant shall obtain a stormwater permit from the State of Colorado. D. Obtain a County access/driveway permit acceptable to the Aspen Pire Protection District and County Engineer for the extension of the driveway. Where utilities are to be extended within the driveway, utility line locations shall be shown on the drawings. DQOOg9 Determination No. -2008 Page 3 E. Submit a construction management plan for review and approval by the Planning Engineer. F. Pay the applicable road and employee housing impact fees. G. Obtain a permit from Environmental Health and Natural Resources for the new on-site wastewater disposal system. The existing system shall be properly abandoned, if it is not retained to serve the barn. H. Submit a detailed revegeta[ion plan for disturbed areas with appropriate seed mixes. The plan shall specify the native seed mix to be used, the rate at which it will be applied and the method of cover. L Submit a landscaping and tree removal/mitigation plan. Landscaping shall be substantially consistent with the landscaping shown on the site plan. Landscaping shall be completed prior to issuance of the Certificate of Occupancy for the residence. The tree removal/mitigation plan shall include a precise inventory of trees to be removed and shall provide for replacement of a minimum of 50% of the total diameter inches removed with new or transplanted landscape material. The Applicant shall maintain a minimum of 2-5 standing dead trees per acre for wildlife. 6. Areas disturbed by construction shall be re-vegetated within one growing season of the project's completion. 7. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard Area: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, 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): I. Brush, debris and non-ornamental vegetation shall be removed within a minimum ten-foot (10') perimeter around all structures. 2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). 3. Spacing between clumps of brush and vegetation up [o the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4. All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height often (10) feet above the ground with removal of ladder fuels from around trees and brush. 5. Tree crown separation within the thirty (30) foot perimeters shall have a minimum often 6. (10) feet between the edges of the crowns, except for mature stands of aspen trees 7. where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. 8. All branches that extend over [he roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 9. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 000010 Determination No. -?008 Page 4 10. All deadfall up to a one hundred (100) foot perimeter shall be removed. 11. No new conifer trees shall be planted within ten (10) feet of a residence. 12. No flammable mulches shall be placed within two (2) feet of a residence. ] 3. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the rooFline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. C. Water Supply for Fire Safety 1) Individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The lot shall have a minimum 20,000 gallon water storage tank (or alternative approved by the Fire District). 2) In-house sprinkler systems that meet the standards of the AFPD and the adopted Building Code shall be installed in all new buildings. D. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (''/a) inch maximum. 3) Any outbuilding shall adhere to the same wildfire requirements. 4) Yards shall be kept clear of all litter, slash and Flammable debris. 5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than sis (6) inches. 7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8) Swimming pools and ponds shall be accessible by the local fire district. 9) Fences shall be kept clear of brush and debris. 10) Wood fences shall not connect to other structures. 11) Fuel tanks shall be installed underground with an approved container. 12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire-resistive construction on the exterior side of the wal Is. 00001 Determination No. -?008 Page 5 13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 14) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on anon-combustible post. 8. The Applicant shall comply with [he following conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelopes is prohibited. Landscaping shall be limited to the designated Activity Envelopes. B. New fences shall comply with the following: 1) Mesh or woven wire fences are prohibited. 2) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. 3) Wire fencing must be three (3) strands or less. The top wire should be atwelve-point-five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deerjump over. The bottom strand should be sixteen (16) inches from the ground. C. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelopes. D. With reasonable notice to the property owner, access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife, except in case of a wildlife emergency. E. Trash/garbage shall be kept in an approved bear resistant container or enclosure, including during construction. F. Pets shall not be fed outside. Bird feeders shall be avoided from April through November. Lever style door handles shall be avoided on the exterior of the house. Composing shall be limited to yard waste. G. Horse grains, pellets, and cookies shall be stored in bear resistant containers. H. Contractors shall be prohibited from bringing dogs on-site during construction. 9. No development shall occur outside of the approved activity envelopes, with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. 10. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelopes and install constriction fencing around the construction site within the perimeter of the envelopes. The fencing shall remain in place until issuance of a Certificate of Occupancy. 1 ]. No structural development in excess of 30", with the exception of fencing, shall occur within the setbacks of the lot. Landscaping in the form of berms shall not exceed tour feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that is not allowed by the Code shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 12. No calculations for height, bulk, setback, size, Floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. ~0~~1? Determinatioi7 No. _-2008 Page 6 13. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on May 20, 201 I . 14. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. NOTICE OF PUBLIC HEARING PUBLISHED IN THE. ASPEN TIMES WEEKLY on the 20`" day of April, 2008. APPROVED AND ADOPTED this 20`h day of May, 2008. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asnen Times Weekly on the _ day of , 2008. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO ATTEST: By James R. True, Hearing Officer Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: John Ely, County Attorney Date APPROVED AS'1'O CONTENT: in y oube~~ ~~ Community Development Director P029-OS;PID#290919102001 nr~n~t~ MEMORANDUM To: Suzanne Wollf, Planning Department From: Nancy MacKenzie, Pitkin County Environmental Health 8 Natural Resources Department Date: May 8, 2008 Re: Hedstrom Activity Envelope, Site Plan and Special Review for Transferable Development Rights Parcel ID # 2909-194-02-001; Case P029-08 SUMMARY OF RELEVANT PARTS OF APPLICATION: This lot is located about 9.5 miles up Castle Creek Rd. An existing house will be demolished and the onsite wastewater treatment system (OWTS) serving the house will be abandoned. Envelopes are being requested in new areas on the lot for the new house and for a new OWTS. Portions of the lot are in red and blue avalanche zones. A visit to the site was not conducted by this department because the lot is still covered in snow. The Pitkin County Environmental Health & Natural Resources Department (EH/NR) has reviewed the details of the Hedstrom application under the authority of the Pitkin Countv Land Use Code and has the following comments: WATER SUPPLY The application states that this site is served by an existing well which is shared by the neighboring property. The well is located on the neighboring Lot 2. The well permit must be provided to show that this property has legal rights to this well. SEWAGE TREATMENT AND COLLECTION There is soil data in the EH/NR OWTS permit file for the existing OWTS system that was issued in 1982 which indicates that ground water was found at 4 ft. The profile hole soil data for the proposed new location must be done during the period of highest potential ground water for the site. The EH/NR Department and the soils engineer ust be called for a site visit at that time . The timing for this can vary depending on snow pack and weather conditions. If high ground water is found in the new location, a mounded system would be required. If no ground water is observed and a subsurtace absorption area is ooo~~~ designed, OWTS regulations now require that a trench configuration must be designed for the absorption area. An engineer should be consulted before building plans are finalized to determine if the proposed area for the OWTS is large enough to accommodate the OWTS for the desired house size and number of bedrooms. The avalanche mapping report from Arthur Mears, P.E., indicates that the area for the OWTS absorption area will be in the blue zone. If the OWTS is destroyed and/or covered with debris, the house could become uninhabitable until such time that the system could be repaired or replaced. 0®o~1~J STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE LO~~O ~ AN EQUAL OPPORTUNITY EMPLOYER ~ O~ Thomas E. Remington, Director OF 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 For ilrldlJfe- For People wildlife. state. cb. us April 5, 2008 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 RE: Hedstrom Residence Development Dear Suzanne: The Hedstrom parcel does not lie within any mapped wildlife habitat areas. It does contain an aspen stand which provides valuable wildlife habitat to deer, elk, small mammals, and birds. The aspen stand will be utilized by black bear, especially in the spring as new growth emerges in the form of grass and forbs. For the most part, construction of a new home with associated outbuildings barn should not have significant negative impact to wildlife. The main impact will be direct loss of existing aspen habitat type and if the parcel is fenced for horse grazing, the parcel will have less benefit to wildlife. The home is sited in an area with other existing homes and disturbances. The potential is high for black bear-human conflicts at this site in the spring and early summer. The homeowner will need to take the necessary precautions to minimize conflicts. Big game conflicts with elk and mule deer could also arise with damage to fencing and stored hay. The following recommendations will help to minimize impacts to wildlife and minimize human-wildlife conflicts: 1. maintain all native vegetation outside the activity envelope and as much as possible within the envelope 2. within the aspen stand, maintain minimum of 2-5 standing dead trees/ac for cavity nesters and raptors as per 7-20-70, general standards, LUC. This is contrary to what is proposed by the applicant. Standing dead as well as fallen trees are important to the many and varied species of wildlife which utilize aspen forests. 3. horse/livestock grazing should be minimized within the aspen stand. 4. implement measures outlined under section 7-20-70 LUC, especially those sections regarding black bear 5. round handled door knobs should be used for all outside doors instead of lever handles in order to minimize a bear's ability to gain entry 6. there should be no trees planted or within close proximity of the home where they will allow black bear access to upper level decks or windows 7. no fencing outside the activity envelope 8. horse hay should be fenced with 8' mesh game proof fencing or stored with the bam where elk and mule deer cannot gain access. 9. contractors are required by code to provide a bear proof container for all edible and food related trash. Compliance has been poor at construction sites, which has led to increased food conditioning and habituation of black bear to human related foods. This results in increased human-bear conflicts DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Exeafive Diedor /~ {{~~ [. WILDLIFE COMMISSION. Tom Bake. Chair. Claire O'N~I. Vice Chair • Rohert Bray. Secretary o t1U~~0 ] 0. construction workers should not be allowed to bring dogs on site as the Division has had problems with construction worker dogs chasing wildlife. Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright at 947- 2920. Sincerely, /Pert} Wi Area ildlife Manager Cc: R. Velazde, K. Wright, file OQ~~7 PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Suzanne Wolff FROM: Catherine Berg, Planning Engineer Re: Hedstrom Residence Redevelopment DATE: May 9, 2008 After reviewing the application I have the following comments: 1. Prior to permit approval the applicant shall submit a detailed drainage and erosion control plan. If the site disturbance is more than one (1) acre a State Stormwater Permit shall be applied for and obtained. 2. Applicant shall submit a revegetation plan to be approved by the Pitkin County Land Manager. 3. Applicant shall submit a construction management plan with their first application for a development permit. The permit shall include a management plan for all phases of construction. 4. The applicant shall obtain an approved Access Permit for the construction of the driveway. The application shall include: a. Stamped engineered drawings for all retaining walls equal or grater than four (4) feet in height. b. Utility line locations, utilities shall follow the alignment of the approved driveway. c. Applicant shall comply with the requirements of the Aspen Fire Department regazding access. Other comments: • Can we specify that Activity Envelope 3 only be used for utilities? • Can the Activity Envelope azound the septic be smaller, limited to just the area needed for the septic? • Activity Envelope 4 shall not extend into the 100 foot setback. ^ Activity Envelope 2 shall not extend off the Hedstrom property. o~~~~~ Memo Toe Suzanne Wolff, Community Development Department Fromm Ed Van Walraven, Fire Marshal CC: Datx March 19, 2008 Rx Hedstrom PID2909-194-02-001; Case#P029-08 Suzanne, This project shall meet all of the codes and requirements of the Aspen Fire Protection District This includes but is not limited to Fire Department Access (International Fire Code 2003 Edition Section 503), Turning around of fire department apparatus (if access is a dead end and in excess of 150 feet) (IFC Section 503.2.5), Due to location an approved fire sprinkler system shall tie provided in all structures regardless of size (IFC as amended Section 903), Water supply, a minimum of 20,000 galbns (IFC Section 508), and detailed wildfire miUyation plans for both landscaping and structural standpoints shall be submitted. Please have the applicant contact the Fire Marshal's Office for specifications on the above requirements, Tha~nk/v/you, L~ Ed y~ q~o~ 0000?9 Davis Horn~• May 14, 2008 PLANNING & REAL ESTATE CONSULTING Suzanne Wo1ffAICP Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Hedstrom Land Use Application Dear Suzanne: Mark Hedstrom, applicant, is represented by Davis Horn Incorporated in the captioned land use application. As we discussed on our site visit this past Monday, this letter forwards the Hedstrom Residence Tree Mitigation Plan which has been prepared by Jason Jones, Board Certified Master Arborist. The attached Plan analyzes the aspen stands which dominate the Hedstrom site. The Plan proposes a strategy for maintaining and enhancing the aspen stands on the property. The applicant requests Pitkin County to approve the Plan in satisfaction of Section 7-20-10 c. of the Pitkin County Land Use Code. Additionally, the applicant requests that a more precise inventory of the trees to be removed be submitted prior to site development. The inventory of trees to be removed would be prepared based upon final development plans. It maybe possible to save more of the existing trees than anticipated in the current plan. The applicant requests approval of the option of installing new trees from off-site rather than seeking to transplant trees on site. It maybe less expensive to bring installing new trees from off- site. Thank you for considering the applicant's proposed Tree Mitigation Plan. Sincerely, DAV 5 HORN 1NCORPROATED GL HORN AICP ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970!925-6587 • FAX: 970!925-5180 ~0Q00o J ~ /` I? adwis@rof.net ghorn@roEnet .. Tree Mitigation Plan Review and Recommendations Hedstrom Residence 9550 Castle Creek Road Aspen Colorado 5-12-08 Prepared by: Jason Jones Board Certified Master Ar~oris# #RM0734-B 000002 Summary The Hedstrom property is located at 3550 Castle Creek Road in Aspen, Colorado. This site currently has a single family, two-story residential dwelling on the property that is proposed to be removed with plans for a new home to be constructed in a different location. This property is heavily forested with Quaking aspen (Populus tremuloides) and in order for the proposed site development to occur, trees in this forest will require removal. Aspen tree stands behave and respond differently than many other trees, and due to the complexities and variations in this ecology, I have been contracted to evaluate, interpret and provide input regazding Section 7-20-10 c. of the Pitkin County Land Use Code pertaining to tree removal and mitigation. I have reviewed the ordinance and the site and made recommendations on what I feel would be a reasonable and appropriate tree mitigation plan that will effectively minimize and offset visual and environmental impacts of the proposed development activity on the existing forest. I have been a practicing azborist for 20 yeazs. I am a graduate of the American Society of Consulting Arborists consulting academy, hold a degree in horticulture from Colorado State University and am an International Society of Arboriculture Board Certified Master Arborist. I am familiaz with the forest ecosystem in this location, and I am qualified to make recommendations regazding this matter. Methods of Evaluation I visited the site initially with land use planner Glenn Horn on Mazch 13th, 2008. A large amount of snow was present so a brief overview of the plans for development was given at this time. My second visit to the site was on April 17a' with the azchitect John Galambos. We reviewed the site more thoroughly and examined the trees in the general vicinity where the development activity would occur. It was determined at that time to have the driveway and house locations precisely staked by a surveyor as this was the only way to get an accurate inventory of the trees that would be impacted. The site was then staked on Apri130`~ and the driveway, house and septic locations were precisely defined. I then visited the site again on Tuesday, May 6`h and evaluated and inventoried all of the trees greater than 6" in diameter within 20 feet of the centerline of the proposed driveway, within 30 feet of the house and directly within the boundaries of the proposed septic system location. I, with the aid of an assistant, measured each tree with a diameter tape at approximately 4.5 feet above ground level; this measurement is known as diameter at breast height or D.B.H.. Measurements were rounded to the neazest even number and then recorded for each section. Multi-stemmed trees were averaged to give an average single D.B.H. as I feel that this most appropriately measures canopy contribution in this instance. Table 1-1 shows the tree counts for each location and gives a total of diameter inches that will require removal to accommodate the proposed site development. Trees that are noted in table 1-1 as damaged have severe defects indicated by crown densities of less than 20%, heavy pathogen infestations or severe mechanical injuries. Depending on the final grading plan and precise methods of site development, slightly more or less trees may require removal. Upon fmalization of site plans, I would 000003 recommend that another more precise inventory be completed and subjected to the same mitigation strategy as mentioned in this report. Following my site visit on the 6u', I was informed that one grouping of trees in the center of the driveway azea was going to be accommodated through a redesign in this area if possible. I revisited the site and have removed this grouping of trees from the total initial tree count and noted the general azea on the attached site map. Site Evaluation The site is made up mainly of dense aspen stands with some small spruce (Picea pungens) in various locations. Quaking aspen (Populus tremuloides) is afast-growing and short-lived species. Aspen is a clonal species with many stems growing from the same root system. Aspens perform well in disturbed sites and young trees perform especially well in direct sunlight. This stand is particularly dense in many areas, and in some locations, large amounts of deadfall, diseased and standing dead trees are present. Thinning of the forest as a whole would be highly recommended to improve stand vigor, promote new tree establishment and reduce wildfire hazards. The condition of the forest is overall moderate to healthy with the exception of the larger diameter trees which are showing signs of decline due to a vaziety of biotic and abiotic issues. The majority of the trees in the azeas to be developed aze smaller than the 6" diameter that requires mitigation as pertaining to the section 7-20-10 c of the Pitkin County Land Use Code. This is likely due to the fact that a forestry plan was implemented in years past that most likely required the thinning of the larger over mature trees in the stand. This activity has generated tremendous new growth, and the trees under 6" in diameter aze the most healthy and vigorous growing on the site. Many of the lazger (over 8" D.B.H.) trees in these locations have a very low crown to stem ratio and have numerous fungal decay pathogens present. The most common pathogens noted on site were the trunk rot (Phellinus igniarius), sooty bark canker (Encoelia pruinosa), and Cytospora canker (Cytospora sp.) fungi. No large numbers of insect pests were noted at this time; however, due to the lack of foliage at the time of my visit, I could not evaluate the presence of leaf feeding pests. Minimal poplar borer (Saperda calcarata) and moderate ambrosia beetle (Trypodendron sp.) activity was noted on the site. Mechanical damage was also noted on some trees close to the existing driveway area and in some locations in the forest damage due to impacts from wildlife were seen. Photos 2-1 through 2-6 give an idea of the forest density, crown to stem ratios and symptoms and signs of pathogens noted. Recommendations for Mitigation Strategy The Pitkin County Land Use Code section 7-20-10(c) pertaining to Tree Removal and Mitigation states: "Each tree with 6 inches or larger diameter at breast height (D.B.H) that is removed shall be replaced with one or more trees with total D.B.H. at least equal x(104 on the property. Aspen trees less than 6" in diameter transplant well and could be relocated and held on site for re-installation. This would require that according to current measurements of 861 inches of D.B.H. to be removed, a total of 431 inches of plant material would need to be installed as new landscape material or relocated and reinstalled on the site. It has been my experience that trees that are transplanted on site establish and perform more favorably than those that aze grown in other locations and aze transported to and installed in landscapes. A holding azea could be developed for the trees and irrigation, monitoring and maintenance would need to be provided during the holding period. Trees that did not survive after one yeaz would be subject to replacement as per the terms conditions of the ordinance. Conclusion It is my professional opinion that the Pitkin County Ordinance section 7-20-10 c regarding tree removal and mitigation would not be accurately representing the interests of the county or be reasonable to the property owner if interpreted strictly in this instance. I think that this particulaz stand of aspen would actually benefit from the thinning and removal of lazger diameter trees. The azbitrary wording of the term "diseased" in the ordinance also generates some question as to the level of infestation and types of pathogens that would eliminate the mitigation requirements. In response to these ideas, I have made recommendations regarding what I think is a more equitable scenario for all parties involved. I am willing to visit the site with the property owners and county officials to elaborate further on my opinions. If this, or a similar mitigation plan is agreed upon, it would require a more thorough inventory be completed when final site plans aze available and a finalized tree mitigation plan would be provided for review. This document would include a precise tree inventory of trees to be removed, a tree preservation plan aimed at reducing impacts to trees to remain during construction, and a tree relocation and maintenance plan. These aspects would need to be created and implemented by a qualified contractor. If executed properly, I feel that the forest could continue to thrive and aesthetic impacts would be minimized upon project completion. 000006 Figure 1-1 Tree Inventory Driveway and turnaround area 10 ff. from either side of staked center line ofproposed driveway DBH 6" 7" 8" 9" 10" 11" 12" 13" 14" 15" Tree count 1 8 3 10 9 13 3 1 Damaged 2 1 2 2 1 1 Total DBH of viable trees 459" Area around house Inside and a 30 ff perimeter around proposed building site DBH 6" T' 8" 9" 10" 11" 12" 13" 14" 15" Tree count 3 3 1 2 1 Damaged 1 Total DBH of viable trees 90" North deck and yard area Area north of proposed building location indicated on plans as turf area DBH 6" 7" 8" 9" 10" 11" 12" 13" 14" 15" Tree count 2 2 5 1 2 Damaged Total DBH of viable trees 131" Septic area Area inside staked proposed septic area__ - - - __. DBH 6" T' 8" 9" 10" 11" 12" 13" 14" 15" Tree count 3 2 6 6 1 Damaged Total DBH of viable trees 181 Total DBH of trees impacted by site development 861" ^ Damaged trees indicate significant structural or mechanical injuries or crown density/health rating of less than 20%. ^ DBH numbers were rounded to the nearest inch aoooo7 Site Photos- Taken 5-12-08 ODUU08 Photo 2-2 Showing high forest density and extent of small diameter new growth. 000009 Photo 2-5 Showing 000~1~ _,___~_ _ __...._. _..._.~.........,....,, ~.,,,,, ~,.v .~y.,~„u~ y.,u~~y growth small diameter trees in the background. D00011 thinned of larger diameter stems. Site Map Showing plans for new construction 000012 Assumptions and Limiting Conditions 1. This report and any values expressed herein represent the opinion of the author and his fee is in no way contingent upon the reporting of a specified value, a stipulated result, the occurrence of a subsequent event, nor upon any finding to be reported. 2. No responsibility is assumed for matters legal in character. The facts stated to the arborist are assumed to be correct but have not been validated by the arborist. Any and all property is appraised or evaluated as though free and clear and under responsible ownership, and competent management 3. It is assumed that any property is not in violation of any applicable codes, ordinances, statutes, or other governmental regulations. 4. Neither the arborist undertaking this report, nor the company responsible shall be required to give testimony or attend court by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services as described in the fee schedule and contract of engagement. 5. Unless otherwise required by law, possession of this report or a copy does not imply right of publication or use for any purpose by any other than the person whom it is addressed, without the prior expressly written or verbal consent of the author or his company. 6. Unless otherwise required by law, neither all or any part of the contents of this report, nor copy thereof, shall be conveyed by anyone, including the client, to the public through advertising, public relations, news, sales or other medial, without the prior expressly written or verbal consent of the auther or his company, and especially as to value conclusions, identity of the author, or any reference to any professional society or institute or to any initialed designation conferred upon the author as stated in his qualifications. 7. Loss or alteration of any part of this report invalidates the entire report. 000013 Davis Horn~- PLANNING & REAL ESTATE CONSULTING March 5, 2008 Lance Clarke Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Hedstrom Activity Envelope, Site Plan and Special Review for Transferable Development Rights (Parcel ID: 2909-194-02-001) Deaz Lance: Davis Hom Incorporated represents Mazk Hedstrom in this request for a new land use approvals for HES Subdivision 305 Lot 1 (PID # 2909-194-02-001). The applicant is requesting Site Plan, Activity Envelope and Special Review land use approvals to develop asingle-family house. The property is improved with a single family dwelling unit which will be razed and is located in the Castle Creek Valley (see Attachment 1, Vicinity Map). The property address is 9550 Castle Creek Road. Pitkin County has granted land use approvals for this site the past. In 1980, the Pitkin County Boazd of County Commissioners approved Resolution No. 80-7 Granting Fina] Plat approval for the Schneider Subdivision (see Attachment 2). A house was constructed on the property in 1982. Attachment 3 is a copy of the Fina] Plat, a Subdivision of Part of H.E.S. 305. This land use application includes the following sections: Site Description; Project Description; Land Use Approvals. 1. Activity Envelope; 2. Site Plan; and ALICE DAVIS AICP f GLENN HORN AICP 215 SOUTH MONARCH ST. • SURE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX: 970/925-5180 O O O ~ ~ ~ ~~ ~ adavis@roEnet ghorn@roEnet 3. Special Review for Transferable Development Rights. SITE DESCRIPTION The subject site is a developed 21.4 +/- pazcel located approximately 9.5 miles above the Castle/Mazoon/SH 82 round about. Attachment 1 shows the property is accessed from Castle Creek Road via an easement over Lot 2 of the subdivision (Hazlemert Property). The lot is traversed by Castle Creek Road. The east side of the lot is generally bordered by Castle Creek and is virtually undevelopable because the land is located within the Creek setback or the Castle Creek Road 100 foot setback. The Castle Creek V alley is very narrow on both sides of the subject property. There are very steep slopes to the west of the lot; however, the topography of the land located on the Valley floor is gentle. Attachment 1 shows that about two-thirds of the lot is heavily vegetated with Aspen trees. The trees are so dense on the property that the existing house is bazely visible from Castle Creek Road even in the winter (see Attachment 4) There is a large meadow without trees located in the northwest portion of the property. The meadow is does not have any trees due to avalanches. The Holy Cross overhead power line crosses the meadow as it runs up the Castle Creek Valley. A series of intermittent streams flow down the Castle Creek Valley from top of the Valley and cross the west side of the Crystal LLC, Hazlemert and Hedstrom properties (see Attachment 1). An intermittent stream bed on the subject property has been located by a surveyor and appear on the proposed Site Plan. PROEJCT DESCRIPTION The applicant is requesting approvals to build a new single-family house, and bam. The total residential floor azea proposed will be approximately 8,250 square feet and the barn will contain up to the 1,160 of exempt barn azea which is permitted by the Pitkin County Land Use Code. The applicant intends to keep horses on the property. If approved, one TDR will be utilized to increase the permitted residential floor area on the lot from 5,750 square feet to 8,250 squaze feet. The following Attachments depict the proposed plan. 5. Hedstrom Residence: Hazazd and Slope Analysis 6. Hedstrom Residence: Site Plan 7. Hedstrom Residence: Elevations 2 ~~~d LAND USE APPROVALS The following sections address the land use approvals identified in the pre-application conference. The pre-application conference summary sheet appears as Attachment 11. The applicant is seeking the following land use approvals. Sec. 2-30-20 (g): Activity Envelope and Site Plan Criteria for Approval; Sec. 7-10-50: Activity Envelope/Site Plan; Sec. 7-20-20: Steep and Potentially Unstable Slopes; Sec. 7-20-10: Site Prepazation and Grading; Sec. 7-20-30: Water Courses and Drainage; Sec. 7-20-50: Geologic Hazards (Avalanche); Sec. 7-20-60: Wildfire Hazard; Sec. 7-20-70: Wildlife Habitat; Sec. 7-20-80: River and Stream Corridors; Sec. 7-20-40: Floodplains; Sec. 7-20-130: Landscaping and Vegetation Protection (tree removal); Sec. 7-20-120(d): Standazds for Scenic View Protection Areas; Sec. 7-20-120(e): Rural Chazacter Guidelines for Building Location Sec. 2-30-30(h) (2): One-Step Special Review Criteria for TDR Receiver Site; Sec. 2-20-150 (b): Minor Amendment to Development Pennit; Sec. 6-30-50(b) (2): GMQS Exemption for Additional Floor Area using TDRs; Sec. 6-70: Transferable Development Rights System 3 ~o~U~'~ This section of the land use application demonstrates compliance with the preceding Land Use Code standards. Activity Envelope Criteria for Approval Section 2-30-20(g)(3) An application for designation of an Activity Envelope shall be approved if it complies with the standards and criteria established in Sec. 7-10-50. If the applicant chooses to apply for definition of an Activity Envelope separately from approval of a Site Plan ,the Activity Envelope shall be designed to accommodate the largest home and related septic field possible on the site pursuant to Table 5-1 after the use of TDRs or a GMQS allocation to increase house size. The definition of an Activity Envelope based on a maximum house size and septic field shall not create any presumption that a Site Plan for a house at the same size can or will be approved pursuant to this Land Use Code. The applicant may specify that the Activity Envelope is being created for a house smaller than the maximum allowed under Table 5-1, and in that event the Activity Envelope will be designed to accommodate a house and septic field of that size. Where the property contains Constrained Area s, the Community Development Department staff shall follow those Priorities for Locating New Activity or Development listed in Sec. 7-10-60. Actual siting of the septic field shall require final approval pursuant to the Environmental Health and Natural Resources On-Site Wastewater Treatment System regulations. The proposed Activity Envelope is depicted on Attachment 4. The Envelope has been designed to avoid constrained areas. It encompasses the proposed on-site waste water disposal system and is large enough to accommodate the proposed dwelling unit and barn. A Site Plan Review is being considered simultaneously with the Activity Envelope. Site Plan and Activity Envelope Section 7-10-50 This section of the Land Use Code explains the Site Plan and Activity Envelope review and approval process. The applicant has followed the process outlined in this section of the Code to prepare and Activity Envelope and Site Plan. The key site planning considerations on the subject site have been preserving the large Aspen stand, hazard avoidance and minimizing visual impacts of development from Castle Creek Road, a designated Scenic View Protection corridor. Site Preparation and Grading: Section 7-20-10 (a) Grading and Fill Placement Grading and filling on a site shall take place only within a defined Activity Envelope . All grading and fill placement that exceeds fifty (50) cubic yards shall be Indicated on the Site Plan . OOO(~O~i Attachment 5, Hazazd and Slope Analysis, shows that most of the Activity Envelope is comprised of slopes vazying between 0 and 15 percent. Attachment 6, Site Plan, shows there will be minimal grading around the house, bazn, driveway and septic system. The applicant is seeking to minimize grading to protect the existing trees. A detailed grading plan will be submitted with the building permit application. The final grading plan may vazy somewhat from the conceptual plan shown on the Site Plan. The applicant shall obtain an earthmoving permit prior to initiating any grading. (b) Clearing, Grubbing, and Vegetation Removal Clearing or grubbing of land, or removal of vegetation shall take place only within an approved Activity Envelope ,except removal of noxious weeds may occur outside of an Activity Envelope. Each Site Plan shall document compliance with the requirements of this Sec. 7-20-70(b) and Sec. 7-20-130. Clearing, grubbing and vegetation removal shall be limited to those areas depicted on Attachment 6, Site Plan. (c) Tree Removal and Mitigation Each tree with six (ti) inches or larger diameter at breast height (D.B.H.) that is removed within the Activity Envelope shall be replaced with one (1) or more trees with total D.B.H. at least equal to the caliper(s) of the tree(s) removed, to the maximum extent practicable. Any tree that (i) is diseased, or (ii) is required to be removed pursuant to the provisions of Sec. 7-20-60, as those requirements may be varied by a wildfire expert approved by the County, may be removed and no replacement shall be required. All revegetation shall also comply with the Pitkin County Revegetation Guidelines. Required replacement trees that do not survive for at least one (1) year after installation shall be replaced at the owner's expense, and the County may require financial security for such replacement pursuant to Sec. 7-20-130(b)(T). The photos in Attachment 4 show the majority of the lot is vegetated with dense Aspen trees. Numerous Aspen trees larger than six inches in diameter will be removed. The applicant proposes removing declining trees, all downfall standing dead trees from the Aspen stand rather than planting many new trees. If new trees are planted, many of them probably will not survive. The existing Aspen stand should thrive and expand if the downfall, declining trees and standing dead trees aze removed. The Bane Tracts located in Prince Creek aze vegetated with many dense Aspen stands. The owner of the Bane Tracts hired a tree service to remove sick trees, standing dead and downfall over the past four years. Hundreds of new trees aze growing in the Aspen stands on the Bane Tracts. We will take County staff members on a site visit to the Bane Tracts to show you the success of the tree maintenance plan. The applicant proposes following a similar plan. (d) Protection of Natural Terrain The County Engineer or Community Development Director shall suggest and may require design and construction techniques that lessen or mitigate any physical and visual damage caused by the proposed activity or development to Constrained Area s or to the natural terrain, stream vegetation, and other natural features of the landscape within the Activity Envelope .Techniques shall include, but are not limited to: (1) REVEGETATION Revegetation and reforestation utilizing native or similar horticultural material, to be completed during the first planting season after construction; where vegetation is 5 D~Oi'"r. removed, it shall be replaced with vegetation that will reach similar density and height to that removed within two (2) years following conclusion of construction. (2) TOPSOIL Removing and saving topsoil prior to any grading or excavating and replacement for revegetation. (3) WEED PREVENTION Weed prevention, thistle management, and prohibition of non-native plants, which may include reducing animal damage to vegetation cover, as determined by the United States Soil Conservation Service Soil Survey. (4) UTILITYINSTALLATION Locating and installing utilities In a manner minimizing damage to the natural environment and scenic quality. (5) EROSION ,SEDIMENTATION ,AND STORMWATER MANAGEMENT (a) Land uses shall: 1. Not cause erosion problems and, if practicable, retain all soil on site; 2. Minimize disturbance of natural vegetation and soil cover; 3. Ensure that all cuts and fills are adequately designed and vegetated to control erosion as well as stability of the slope area; 4. Ensure that natural drainage patterns are preserved and protected from increased water flows that subject existing channels and adjacent areas to increased erosion; and 5. Preserve natural vegetation and soil cover within those buffer distances adjacent to rivers, streams, lakes, reservoirs and wetlands/riparian areas established in Sec. 7-20-80. (b) Mitigation measures identified in an approved erosion, sedimentation, or stormwater management plan shall remain in place until revegetation is viable. The applicant shall comply with these standazds. Steep and Potentially Unstable Slopes Section 7-20-20 This section of the Land Use Code requires development to be located on slopes of less than 30 percent unless there aze unusual factors affecting site development. As shown Attachment 5, the subject site is comprised exclusively of slopes of less than 30 percent. Consequently, the standazds in this section of the Code have not been addressed in detail because steep slopes will not be impacted by the proposed plan. Water Courses and Drainage Section 7-20-30 This section demonstrates compliance with the Land Use Code standards for Water Courses and Drainage. Standazds appear in bold followed by the applicant's responses. D~~en+~r, (a) Encroachment or Channeling Encroachment or channeling activities in a river, stream (including intermittent streams), pond, wet meadow, or wetland are also subject to the requirements of Secs. 7-20-40 and 7-20-80 of this Land Use Code, as well as all other applicable state and federal statutes and regulations (including, but not limited to the U.S. Army Corps of Engineers permitting requirements of Section 404 of the Federal Clean Water Act). The applicant is not proposing to alter any rivers, streams, ponds wet meadows or wetlands on the site or in the site vicinity. (b) Drainage (1) GENERAL Activities and development shall provide for: Maintenance of historical flow patterns and runoff amounts to reasonably preserve the natural character of an area and prevent property damage attributable to runoff rate and velocity increases, diversions, unplanned ponding and/or storrnwater runoff; The unimpeded flow of natural water courses and ditches; Adequate drainage for all low points; 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; Maintenance of drainage systems; and On-site treatment of stormwater by use of best management practices designed to detain and allow infiltration of runoff prior to discharge to any water body. (2) Runoff Volumes Runoff volumes and peaks within a development site and in areas affected by runoff from a development site shall not exceed the runoff levels attributable to the undeveloped site as determined by a professional engineer licensed in the State of Colorado. The applicant shall submit a drainage plan for the property as part of the building permit submission. The applicant commits not to alter drainage patterns in the site vicinity to increase off-site drainage. (C) Groundwater Activities and development shall not result in the Introduction of any contaminants to groundwater, or intertere with any recharge area or aquifer. The applicant shall comply with this Land Use Code standard. (d) Irrigated Areas Activities and development shall: (1) Not adversely affect the adequacy of water supplies available for the irrigation of agricultural lands; and (2) Not adversely affect the exercise of any existing and decreed irrigation water right. The property is not irrigated (e) Irrigation Ditches Activities and development shall: (1) ACCESS Provide for access to irrigation ditches by ditch owners and to the public if a ditch is to be, or is part of the Pitkin County Open Space and Trails System or other public property. (2) PREVENTING LEAKAGE Ensure that no building shall be constructed immediately downhill of a ditch unless the ditch can be placed in a culvert, lined, or otherwise treated to avoid leakage of water downhill towards the building. (3) AVOID FLOODING Design land uses to avoid flooding problems from flood irrigation. (4) AVOID SEEPAGE Place basements and soil absorption on-site wastewater treatment systems in locations where they will not be impacted by flood irrigation or seepage from irrigation ditches. There aze no irrigation ditches on the property. (tJ Sedimentation Activities and development shall: (1) CONTROL DURING CONSTRUCTION Provide adequate sedimentation control throughout all phases of development. (2) SEDIMENTATION Retain sediment produced by soil disturbances on site where the disturbance occurs and prohibit run-off into any water body, wetlands, or riparian area. (3) REVEGETATION Revegetate clearing and grading as soon as possible, but in no event longer than one growing season after conclusion of development on a site. The applicant shall comply with these standazds (g) Water Quality (1) All land uses shall comply with those setbacks required by Sec. 7-20-80 and those setbacks required by Table 5-1. (2) Activities and development shall comply with all state and federal statutes and regulations concerning the protection and enhancement of water quality (including but not limited to the requirements of all state and federal permitting programs). (3) Activities and development shall be consistent with maintenance of the Stream Classifications for the Roaring Fork River watershed, as identified in Section 208 of the Roaring Fork Watershed Management Plan, and shall comply with state regulations pertaining to maintenance of those classifications. The applicant shall comply with these standards. (h) Efficient Water Use Activities and development shall emphasize the most efficient use of water, including, to the extent permissible under law, the re-cycling and reuse of water. The applicant will comply with Code standards. ~~~~~~ Floodplain Hazards Section 7-20-40 Section 7-20-40 (a) (4) of the Code states that: (4) Where the 100-year or intermediate regional flood has not been established by the FEMA Flood I insurance Rate Map pursuant to subsection (1) above, or by a property owner study pursuant to subsection (3) above, this regulation shall apply to all lands within an area that 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, and any area that the County Flood Administrator determines to be a flood hazard area. The Castle Creek floodplain has not been mapped by FEMA. Attachment 9 is a topographic map of the Hedstrom property and site vicinity. The shows the proposed building foot print is approximately 25 feet above 350 feet west of Castle Creek which is located at the eastern boundary of the property. Geologic Hazards Section 7-20-50 The subject site is affected by avalanche danger. This section demonstrates compliance with Section 7-20-50 a. of the Code. Standards appear in bold followed by the applicant's responses. (i) Avalanche Areas Restrictions on activities or development in avalanche areas are set forth in subsections (1) and (2) below. In the event that an application is denied because there is no hazard-free area on a site, or because the proposed activity or development does not comply with the restrictions in this section, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-90 or Sec. 2-40-130, the proposed activity or development shall incorporate hazard mitigation according to the standards in subsection (3) below. Attachment 8 is a January 27, 2008 Letter prepared by Art Mears P.E. Inc. titled "Hedstrom Avalanche Hazard Analysis & Mapping. The letter finds that there are areas on the site which are free of avalanche danger. Figure 1 in the Letter shows an area which the applicant was originally proposing for home development. This area would have been impacted by avalanche danger. Based upon Mears' recommendations the building footprint was moved to the east to avoid the moderate (blue) avalanche hazard area. (1) HIGH HAZARD AVALANCHE ZONE Development is prohibited within High Hazard Avalanche Zones. (2) MODERATE HAZARD AVALANCHE ZONE Development within a Moderate Hazard Avalanche Zone may only be permitted under the following circumstances: If an entire property is affected by the Moderate Hazard Avalanche Zone, development may be permitted if the hazard can be adequately mitigated to ensure public safety pursuant to the standards in subsection (3) below. 0000~~ In the event that development outside of the Moderate Hazard Avalanche Zone will result in significant incursions into or impacts on Constrained Areas, the County may, in its discretion, approve such development with adequate mitigation measures to assure the safety of the occupants of the property. If the County finds that other hazards present on a property outweigh the risks associated with development in the Moderate Hazard Avalanche Zone, the County may, in its discretion, grant approval to such project subject to compliance with the mitigation measures specified in subsection (3) below. (3) MITIGATION STANDARDS Development shall be restricted to the least hazardous area of a project site. If structural avalanche defenses are required to protect people or structures, they shall be designed by a certified professional engineer licensed in the State of Colorado to withstand avalanche impact forces. Clear-cutting or other large scale removal of vegetation, particularly within avalanche path starting zones, shall be prohibited. Extractive operations are prohibited within avalanche hazard zones during the winter unless there is an approved program of avalanche control and defense measures. Utility lines or pipes crossing avalanche hazard zones shall be buried. Surface pipes, poles or towers for suspended transmission lines in avalanche hazard zones shall be protected by utilizing avalanche diversion methods or protection structures. Roads intended for winter use shall avoid avalanche hazard areas. If the County finds that it is not possible to construct a road that avoids high or moderate avalanche hazard areas, then the County may approve a road subject to site specific mitigation methods. Roads that must cross hazardous areas shall be designed to limit exposure and utilize avalanche control practices to reduce the danger along exposed road segments. Where the main access road to a proposed development is crossed by an avalanche path, a secondary access may be required. Warning signs shall be placed along commonly traveled winter roads and trails that cross avalanche hazard zones. Property owners who develop in avalanche areas or obtain driveway access through avalanche areas shall bear the costs of any avalanche control measures that may be required to mitigate the hazard. The preceding standards are not applicable to the land use proposal because all structures and the driveway will avoid the mapped avalanche hazard areas. As noted above, the applicant relocated the proposed house to the east to avoid the hazard area. Wildfire Hazard Areas Section 7-20-60 The subject site is located in a low to medium wildfire hazard area. The site will be developed in compliance with the Land Use Code standards for low to medium wildfire hazard areas. Wildlife Habitat Section 7-20-70 10 ~~oU~, The subject site is not within or proximate to critical wildlife habitat areas. The applicant will comply with the Code standards in this section. River and Stream Corridors Section 7-20-80 As previously noted, an intermittent stream/swale traverses the west side of the property (see Attachments 5 and 6). As required by Section 7-20-80 2 a of the Code, all activity and development will be setback a minimum of 100 feet from the intermittent stream which has been located by a surveyor. Standards for Scenic View Protection Areas Section 7-20-120 (d) This section of the Land Use application demonstrates compliance with the Scenic View Protection Areas standards. Standazds appeaz in bold followed by the applicant's responses. (1) The proposed development shall utilize existing topography and natural vegetation, such as ridges, hills, and existing trees, to screen buildings to the maximum extent practicable when viewed from those right-of-way listed in subsection (b) above. Attachment 1 shows the property is heavily vegetated with Aspen Trees. Attachment 4, the photos, shows the trees are so thick in the winter that one can barely see the existing house from Castle Creek Road. It may be possible to see the new house and bam from the Road in the winter. It will be difficult to see the structures from the Road in the summer. The applicant has not proposed development in the most visible portion of the property downvalley of the aspen trees. (2) The proposed development shall avoid the location of structures within the Scenic View Protection Areas, and shall avoid the location of structures within any Viewplane identified in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan if possible. If location outside the Scenic View Protection Area and defined Viewplanes is not practicable, then the proposed development shall not be located on the highest ground or most visible portion of any site as viewed from those corridors listed in subsection (b) above. The entire property is located within a designated Scenic View Protection Area, but the site is not located within Viewplanes designated on the State Highway 82 Corridor Master Plan or the Down Valley Comprehensive Plan. (3) The proposed development's height and bulk shall be designed to avoid, to the maximum extent practicable, the visibility of buildings from those corridors listed in subsection (b) above. This may include, but shall not be limited to, breaking the mass of the building down into a series of smaller forms, articulation of the building fayades to avoid a wall or row effect, and staggering rooflines to avoid a long unbroken plane. 11 Q~~~~~ Attachment 4, the Photos, show the building will barely be visible from Castle Creek Road. Due to the dense trees the massing of the building is not critical to protecting views from Castle Creek Road. 1.(4) The proposed structure shall be placed so it does not project above a ridgeline such that a structure silhouettes against the sky when viewed from those corridors listed in subsection (b), unless there are no alternate building sites on the lot or parcel. The house will not break a ridgeline. Refer to Attachment 9 which shows the topography of the Castle Creek Valley in relationship to the proposed structures. The proposed development shall be designed to complement the natural topography of the land through the use of techniques such as earth-sheltered design, the use of natural materials and coloring, the use of low-reflectance materials, or clustering of structures on the least visible portions of the site. When a building is proposed near a ridgeline, then its form (particularly its roof form) shall replicate, parallel, or complement the natural form of the ridgeline so that it appears to be an element of the natural ridgeline. Siting of the buildings have been discussed previously, The buildings will be made of natural materials and colors will be non-reflective. 6. The proposed development shall preserve natural vegetation and avoid development within irrigated meadows, to the maximum extent practicable. 2.The natural vegetation on the property will be preserved to the extent feasible. The primary site amenity is the mature Aspen stand. The applicant will follow the recommendations of an arborist to enhance the health of the Aspen stand. Such recommendations will include removal of downfall, standing dead, diseased trees and thinning in some places. 7) The proposed development shall install utilities in locations and through procedures that minimize visual impacts to the maximum extent practicable. 3.A11 utilities shall be placed underground. The existing Holy Cross power line shall be placed underground as shown on Attachment 6, the Site Plan. 8) All satellite dishes in the proposed development shall be located to minimize visibility from those rights-of-way listed in subsection (b), and shall use earth tone colors and/or screening to minimize their visual impact. 4.Satellite dishes are not proposed. 9) The proposed development shall not use earth moving and berms as the primary means of compliance with these regulations, but earth moving may be utilized in conjunction with other techniques to comply with standards in this section. Where earth moving techniques are necessary, man-made forms should be undulating and natural in appearance. The applicant is not proposing screening with berms. 5.10) In the Rural Areas only, development shall be located so that activities and development occur in at least one of the locations specified in subsection (e) as they may apply to the particular property. 12 ~o~Q~ Development is proposed on "behind and existing stand of vegetation." 11. Earth Tone Materials The exterior of all development, except development located and designed in the form of a ranch compound, shall be built or painted with indigenous earth tone materials or colors. The exterior of a ranch compound should be built or painted with indigenous earth tone materials, or shall be painted or stained using local, traditional ranch colors, which shall include shades of red, brown, or white. Paints or stains that simulate weathered barn wood also shall be permitted. The development will not be in the form of a ranch compound, therefore indigenous and earth tone colors shall be used. 12. Roofs All roofs shall have anon-reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. The applicant shall comply with this standard. 13. Revegetation of Disturbed Areas. Lands disturbed by earth moving or berms should be revegetated using native species that are already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas. Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival of planted native species. The site shall be revegetated in the first growing season after site development. Topsoil shall be stockpiled as required by this standard. 14. Driveways Avoid Dividing Meadows and Pastures To the maximum extent practicable, roads and driveways shall be located to skirt the edge of and avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening, a row of trees may be planted along the roads or driveways. To the maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid straight line corridors that are incongruous with the natural setting. The applicant is proposing access from an existing driveway in a driveway easement. The large meadow located downvalley of the wood area will not be disturbed. Rural Character Guidelines for Building Location Section 7-20-120 (e) The subject site has been planned to be consistent with Section 7-20-120 (e), Development Located behind Existing Stand of Vegetation. As depicted in the Photos in Attachment 4, the 13 OOCU?3 Aspen trees on the property are so dense views of the proposed structures from the Road will be significantly screened. The applicant's proposal to maintain the Aspen stand will increase the density of the vegetation. Planting more trees will not be necessary. Landscaping and Vegetation Protection Section 7-20-130 Please refer to Attachment 4, the Site Plan, which depicts the Conceptual Landscape Plan. The proposed landscaping is consistent with the Code standards for the Rural Area. Aspen trees, are clustered in natural groupings around the proposed structure. Native grasses aze proposed to revegetate disturbed areas. Roads, Driveways and Parking Section 7-20-30 The driveway serving the site will comply with the Pitkin County Asset Management Plan. The applicant will pay applicable road impact fees at the time of building permit. Special Review Criteria for TDR Receiver Site Section 2-30-30(h) The applicant is seeking Special Review approval as a TDR Receive site to utilize one TDR for additional floor area. If approved, the TDRs would permit the development of 8,250 square feet of floor area. This section demonstrates compliance with the Land Use Code Special Review standards. The Standazds appear in bold followed by the applicant's responses. (a) The special review use shall be consistent with the applicable County Master Plan. The 2003 Maroon/Castle Creek Land Use Master Plan is the applicable Plan. According to the Master Plan the key issue associated with larger homes in the Castle Creek Valley is the visual impact of the homes from Castle Creek Road. As explained in the Scenic View Protection section, the dense Aspen stand on the site will screen the house from Castle Creek Road. (b) The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. The County Land Use Policies aze addressed in the next section of the land use application. (c) The proposed development must not materially endanger the public health, safety or welfare. The pubic health, safety and welfare will not be endangered by the proposed development. 14 0000~~ (d) The proposed development must not substantially injure the value of adjoining or abutting property. The value of adjoining or abutting property should not be adversely affected by the proposed development. (e) The special review use shall be consistent with the intent of the zone district in which it is proposed to be located. Development as proposed is envisioned in the AR-10 zone district. The land in the site vicinity has been developed with similaz types of single family dwelling units. (f) The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. As mentioned above, some in the site vicinity have been developed with lazger homes (g) The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. The visual impacts of the development were addressed in the Scenic View Protection section of the application. The site will be improved as a single family dwelling unit. There will be the typical off-site impacts associated with a large single family dwelling unit. (h) There must be adequate public facilities and services to serve the Special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. The applicant will pay applicable impact fees at the time of building permit. The site will be served by and individual well and an on-site waste water disposal system. The existing Holy Cross power line shall be buried underground. (i) The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4-30 and/or Sec. 2-40-20. The development will comply with these Code sections. (j) If a Special Review Use ceases or its permitted time period ends, all uses and structures must immediately be brought into conformance with the underlying zone district regulations. If cessation of operation is due to demolition or destruction through any manner not willfully accomplished by the owner, uses/structures may be restored as of right pursuant to Sec. 9-30-70 of the Land Use Code. 15 ~0~~~~ The applicant will comply with this standazd. Pitkin County Land Use Policies are addressed below. The policies appear in bold followed by the applicant's responses. 7-10-20: PITKIN COUNTY COMPREHENSIVE PLAN It is the policy of the County to adopt comprehensive plans for the County and regularly update these plans. Throughout this Land Use Code, references to the Pitkin County Comprehensive Plan include the Overview Pitkin County Comprehensive Plan, which encompasses the concepts, policies, actions and common themes contained within all adopted Land Use Master Plans in the County. Where there is any conflict between the Overview and any other adopted Land Use Master Plan, the Overview shall govern. This policy is not applicable to the land use application. 7-10-30: CONFORMANCE WITH THE PITKIN COUNTY COMPREHENSIVE PLAN It is the policy of the County to ensure that the use and development of land within Pitkin County and any actions committing such land to development or a change in use should consider Pitkin County's Comprehensive Plan. The 2003 Maroon /Castle Land Use Plan is the applicable Plan. This Plan was previously addressed in the land use application. 7-10-40: COMMUNITY BALANCE The dominant policy of Pitkin County is to conserve and protect from further degradation the present natural environment and its resources. Development that can be accommodated within these limits will be managed to maintain a balance between residential (free-market and affordable), commercial and tourist accommodations. The proposed development will not affect community balance because a change between Growth Management Quota System (GMQS) categories is not being proposed. 7-10-50: GROWTH MANAGEMENT It is the policy of the County to manage the rate at which development applications are approved, as well as the type, location, quality and ultimate quantity of growth. The subject site is a lot which was in existence prior to the enactment of the residential GMQS. The subject site was exempted from GMQS and site development of this lot was anticipated as part of the GMQS. 7-10-60: 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 development in the residential, commercial and tourist accommodation sectors. The provision and location of public services and facilities should support development that is consistent with the Pitkin County Comprehensive Plan. To ensure that growth is consistent with the Pitkin County Comprehensive Plan the County will maintain a Growth Management Quota System (GMQS). 16 ~~~~~~ The subject site will be redeveloped as a demolition and reconstruction of an existing home. Land Use Patterns. The development activity is exempt from the residential GMQS and is anticipated by the system. The applicant will pay required development fees as required. It is the policy of the County that future urban development will be located within adopted Urban Growth Boundaries in order to eliminate residential sprawl and strip commercial development, to ensure the provision of adequate service levels, to preserve agriculture and open space land uses, and to maximize the utility of funds invested in public facilities and services. Lands outside the growth boundaries will be deemed most appropriate for the preservation of agriculture, natural habitat, environmental resources, open space and rural residential uses. As noted above, the proposed activity involves the redevelopment of a property which already has a single family dwelling unit. The existing building envelop on the property is actually being somewhat reduced in size. Site development is within a limited area as depicted on Attachment 6, Site Plan. 7-10-70: RURAL DEVELOPMENT When proposing future development outside of Urban Growth Boundaries, the following elements should be considered: • Pitkln County seeks to preserve its natural, rural scenery and natural landmarks for the benefit of its residents and the continued viability of its resort economy. • Planned unit style development (PUD), designed to integrate siting in harmony with the environment and consistent with land use policies, is encouraged. Such development tends to minimize the cost of governmental and other services, maximize open space, preserve agricultural lands, and minimize automobile congestion and hazardous conditions on public roads and highways. • New development should be compatible with and not fundamentally change the character of any neighborhood or area. • Pitkin County does not generally support extensions of public utilities such as municipal water and sewer lines outside of the Urban Growth Boundaries (UGBs). • New commercial development should be located within established Urban Growth Boundaries unless it is of a scale and capacity deemed to be appropriate within identified boundaries. • Transfer of development rights (TDRs) may be appropriate to preserve and protect rural character, open space, scenic features, and environmental resources, and to avoid development in environmentally constrained areas. • To the extent possible, the. County seeks to protect scenic corridors along highways, county roadways and mountain road systems. • It is the policy of the County that development not impede the ability of citizens to view the night sky without the interference of artificial light. The site has been planned to comply with the Scenic View Protection standards. The applicant has complied with the Rural Character Guidelines for Building Location. 17 D~nQ~~ 7-10-80: AGRICULTURAL PRESERVATION • Productive agricultural land is a limited resource of environmental, cultural, open space, visual and economic value that should be conserved and preserved. • All new development in areas surrounding or incorporated within existing agricultural properties should be designed to minimize impacts to agricultural operations. • Preservation and utilization of water for agricultural lands within the county is encouraged. • The fragmentation of large parcels of agricultural land is discouraged and the assemblage of smaller parcels into larger, more manageable and agriculturally productive tracts is encouraged. • Pitkin County supports "right-to-farm" legislation. • Pitkin County promotes the viability of agricultural lands and operations within Pitkin County and supports preservation of large tracts of land now committed to or capable of agricultural uses. The property is not use for agricultural purposes. 7-10-90: WILDERNESS Pitkin County supports protection of designated Wilderness areas within and surrounding Pitkin County, as these areas provide residents and visitors with vistas and opportunities for experiencing the natural environment while renewing their "mind, body and spirit." The County encourages management of adjacent and neighboring land to preserve the integrity of the wilderness areas. This policy is not applicable to the subject site. 7-10-100: RECREATION The County recognizes the fundamental importance of recreation and tourism to the local economy and encourages the provision of services and facilities necessary for the continuation of existing activities, consistent with other goals and policies of the County. It is the policy of the County to support preservation of the physical environment; to improve county-wide recreational and trail opportunities; to support citizens' rights of appropriate access to public lands on roads and trails historically open to the public; to secure new access points consistent with County and Federal land use plans; and to protect existing open space from urbanization and development in order to maintain quality of life and enjoyment of the environment. The applicant's proposal fosters this policy via the acquisition of four Transferable Development Rights (TDRs). If the TDRs are transferred from the Rural and Remote zone district lands proximate to recreation areas are being sterilized. This improves the recreational experience in Pitkin County 7-10-110: SKI AREAS Pitkin County favors the expansion of uses within existing permitted ski area boundaries, with a focus on expanding uses during non-peak periods, but does not support new alpine ski area proposals. Coordination with the Forest Service and ski area proponents regarding ski area development will consider both on and off-site impacts such as affordable housing, transportation, waterways, air quality and adjacent neighborhoods. This policy is not applicable to the subject site 18 0000 7-10-120: CAMPING The County supports maintenance of existing campgrounds at their current capacities. This policy is not applicable to the subject site. 7-10-130: TRAILS Non-motorized transportation alternatives, such as trails for bicycles, horses, pedestrians and cross-country skiers are encouraged. The County supports preservation and enhancement of access to trails; and development of bike and pedestrian ways that provide links between communities, residential and employment areas, commercial centers, recreational and open space areas, and educational facilities. Where motorized and non-motorized uses of trails are proposed or exist in common or in close proximity to one another, the County supports consideration of separate and distinct trails for each use. There is an existing trail easement on the property along Castle Creek as depicted on Attachment 3, the Plat. 7-10-140: OPEN SPACE AND TRAILS BOARD The County supports the Open Space and Trails Board in the acquisition and maintenance of open space parcels, conservation easements, trails and facilities such as trailheads, parks, river access points for boating or fishing purposes and access to public lands. Parks, open space and public recreation facilities are encouraged throughout the county. This policy is not applicable to the subject site. 7-10-150: 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 land use applications to the affected adjoining property owners, homeowners associations and neighborhood caucus groups when appropriate. The proposed development will be compatible with the neighborhood due to the screening of the house by the dense trees. 7-10-160: COMPATIBILITY WITH PUBLIC LANDS It is the policy of the County to support the preservation and protection of public lands from the impacts of incompatible development by promoting land uses within and nearby public lands that are compatible with public use of those lands and with the preservation of the natural environment. This land use application fosters this policy by providing for the potential transfer of four TDRs from the Rural and Remote zone district which is proximate to public lands. 7-10-170: 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. This po]icy is not applicable to the subject site. 19 ~n~~1n 7-10-180: ECOLOGICAL BILL OF RIGHTS (EBOR) As the integrity of our ecosystem is increasingly challenged by human activity, and population growth and the accompanying sprawl are seriously damaging and threatening to destroy the ecological carrying capacity (environmental sustainability) of the region, it is the policy of the County to implement the following rights: The right to breathe clean air and enjoy clear vistas. The right to the preservation of natural riparian areas and wetlands. The right to permanently protected minimum stream flows in rivers and creeks. • The right to the preservation and restoration of native wildlife and plant diversity by preservation of sufficient habitat. • The right to protection of designated wilderness through management of adjoining land in away that preserves the integrity of the wilderness areas. The right to a landscape kept free of noxious and invasive weeds. • The right of appropriate access to public lands on roads and trails historically open to the public, consistent with the nature and designation of the public lands. The right to dedicated open space protected from urbanization and development. The right to the efficient and renewable use of energy. The right to be free from excessive noise. • The right to see the night sky without the interterence. of unnecessary artificial light from growth, urbanization and highway development. • The right to the absolute minimum involuntary exposure to toxic chemicals, radioactive substances and energy forms that are hazardous to health. • The right to maintain and not exceed the carrying capacity (sustainability) of the land and water, including protecting water quality. • The right to expect government legislation and active enforcement of land use and development regulations consistent with this Ecological Bill of Rights. Site development is consistent with this policy because of the use of one TDR which will preserve land in an appropriate location. 7-10-190: NATURAL AND MAN-MADE HAZARD AND RESOURCE AREAS It is the policy of the County that development be sited in locations that avoid natural hazard areas, and where avoidance is not possible, in locations where mitigation is designed to minimize potential harm to life, safety, health, and property. As noted in previous section of this application, low/moderate wildfire hazard and avalanche hazards are the only hazards affecting the subject site. The property has been planned to avoid avalanche danger. There will be typical required wildfire mitigation. 20 ~~~~~~ 7-10-200: SOIL, SURFICIAL GEOLOGIC CHARACTERISTICS AND RADIATION It is the policy of the County that development not be located in areas subject to radiation and geologic hazards. The subject site is not impacted by soil, surficial or geologic hazards other than avalanche danger 7-10-210: DRAINAGE It is the policy of the County that development not disturb the integrity of existing and natural drainage patterns, and to discourage land use and development activities that subject areas to increased potential for damage by flood, erosion or sedimentation, or increase the potential for water pollution. As noted in this application, the applicant will submit a drainage plan with the building permit application. 7-10-220: EROSION It is the policy of the County that development not contribute to the erosion of soil and rock and that natural vegetative cover be maintained and that areas disturbed by land use or development activities be revegetated. An erosion control plan shall be submitted with the building permit application. 7-10-230: SCENIC QUALITY It is the policy of the County that its natural, rural scenery be preserved for the benefit of its residents and the continued viability of its resort economy. Undergrounding of utility lines is supported where and when appropriate to minimize visual impact. Scenic quality was addressed in the Scenic View Protection section of the application. 7-10-240: CULTURAUHISTORICAL RESOURCES It is the policy of the County that historic and archaeological resources that meet national, state, or local criteria for historic designation are preserved, protected from neglect, destruction or harmful alteration, and maintained. There are not any historic and archaeological resources locate on the property. 7-10-250: AIR QUALITY It is the policy of the County that development not degrade air quality. Site development will comply with local and state air quality regulations. 7-10-260: ENERGY CONSERVATION New development is encouraged to incorporate energy conserving and alternative energy systems and building systems that minimize consumption of energy. Site development will comply with County energy codes. 21 000021 7-10-270: NOISE It is the policy of the County that development will not generate noise which would adversely impact community noise levels. Site development will comply with County noise standards. 7-10-280: WATER RESOURCES AND AQUATIC/RIPARIAN/VVETLAND AREAS (1) 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 transmountain and transbasin diversions and the vested rights of senior appropriators have materially curtailed the availability of water resources. Furthermore, wetlands and riparian ecosystems, which are important to maintaining the overall balance of ecological systems; and are important plant communities, wildlife habitat and movement corridors, should be conserved, protected and restored. The County seeks to protect citizens' rights to permanently protected minimum stream flows in rivers and creeks, and to the preservation of remaining natural riparian areas and wetlands. (2) Land uses within the region should be designed to preserve and protect present water resources, including surface and groundwater, and to avoid significant adverse affects on the quantity, quality, or dependability of water resources in the County. Land uses should protect against significant increased salinization of water, loss of minimum instream flows, and the need for future major public expenditures to reacquire or redistribute water resources. (3) To protect water resources and/or riparian habitat, development in areas adjacent to water bodies, functional irrigation ditches and natural watercourse areas should maintain adequate setbacks where necessary. There will not be any impacts on Castle Creek or the intermittent stream bed resulting from site development. 7-10-290: WILDLIFE It is the policy of the County that proposed land uses (including structures) are compatible with the ecosystem of wildlife habitats and do not pose immediate, long term or potential detrimental impacts to such habitats. The County seeks to preserve, restore and perpetuate native wildlife and plant diversity by maintaining sufficient habitat. The subject site is not within a critical wildlife habitat area. 7-10-300: 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 the Pitkin County Comprehensive Plan. The subject site is served by existing utilities. 7-10-310: ADEQUATE PROVISION FOR WATER NEEDS It is the policy of the County that the availability of a water supply of adequate quantity, pressure and dependability for fire protection and support of a proposed land use be in place prior to approval of the use. The subject site will be served by an existing individual well which is shared by the neighboring property. 22 00002 7-10-320: SEWAGE TREATMENT It is the policy of the County that adequate sewage treatment facilities are feasible and available to serve existing and new developments. There will be an on site waste water disposal system. 7-10-330: SOLID WASTE MANAGEMENT Pitkin County is committed to all economically and environmentally appropriate processes that are directed toward reuse opportunities and the prolonging of landfill life. The County supports efforts to reduce waste generation and the amount of solid waste disposed of in landfills, and to implement effective resource recovery and recycling activities. The proposed development shall be designed to provide for segregation of waste materials for recycling. 7-10-340: TRANSPORTATION/TRANSIT/ROADS • The County encourages transportation programs consistent with the County Asset Management Plan; modes and land use patterns that minimize automobile congestion, promote safety and reduce sources of air pollution. • The County supports preservation of rail corridors for potential development of rail or other improved transiUtreil alternatives in the future. No development should be allowed to prevent the options of the Community to pursue rail, trail or other improved transit alternatives along such corridors. • Where practical as a means of retaining rural character, the County seeks to retain existing unpaved roads and to preclude the extension of winter maintenance on rural roads. • The County seeks cooperation with emergency service agencies in establishing emergency access road standards that adequately address safety needs in the context of rural character. • Development that generates traffic volumes in excess of the capacity of the County road system or that causes significant service level reductions is discouraged. • Appropriate buffer strips should be preserved along federal, state and local roadways to protect public views, minimize safety concerns and environmental impacts, and to preserve corridors for future transportation facilities. • Roadway capacity improvements should integrate alternative modes of transportation, such as bicycles and transit, and pedestrian ways so as to add "people carrying" capacity to the roadway, not just vehicular capacity, whenever feasible. • New and upgraded roadways should be designed, engineered and constructed to minimize environmental and aesthetic damage and future maintenance costs consistent with public safety needs. The applicant shall pay Pitkin County Road impact fees at the fime of building permit. 7-10-350: PITKIN COUNTY AIRPORT (SARDY FIELD) The County will partner with public, private and non-profit entities to support continued air safety, reliable and efficient air service at Sardy Field. Neighborhood impacts will be considered relative to expansions or improvements that would promote aviation operations. 23 Q~~~?3 This policy is not applicable to site development. 7-10-360: TELECOMMUNICATIONS The County encourages adequate, minimal impact regional and community telecommunications facilities to serve the needs of governments, emergency services, businesses, and citizens of Pitkin County. • Where a telecommunications system utilizes a network of facilities, a comprehensive approach should be taken for evaluating potential sites in Pitkin County with a view to minimizing the number of sites required and any adverse impact. • When feasible and not otherwise detrimental, multiple telecommunications facilities should be consolidated onto common towers, and/or located adjacent to, on or incorporated into existing or proposed buildings or other structures. This policy is not applicable to site development 7-10-370: CITIZEN HOUSING It is the policy of the County to encourage 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. Pitkin County seeks to preserve existing affordable housing to the extent possible; and to encourage the development of affordable housing within established Urban Growth Boundaries, where employment, services and facilities are typically already established. • It is the policy of Pitkin County to promote the availability of affordable housing for employees generated by proposed development. • A diversity of housing types and densities is encouraged in order to ensure affordable housing for a range of individual and families. Deed restricted housing that ensures occupancy by full time residents is preferred for development, especially within Urban Growth Boundaries. • Affordable housing of urban or suburban densities is not encouraged outside the Urban Growth Boundaries If it promotes sprawl or other development inconsistent with this or other policies or regulations of the County. Affordable housing outside Urban Growth Boundaries may be acceptable if it is: (i) Employee Dwelling Units (EDU) and Caretaker Dwelling Units (CDU); (ii) job related on-site housing; (iii) conversion of existing locally serving housing; (iv) on-site required mitigation housing; or (v) replacement of existing affordable housing. • Quality residential areas, which function as integral neighborhood units, are encouraged. • Rehabilitation of existing residential facilities should be promoted where feasible. The purchase and buy-down of existing units throughout the county is encouraged since it promotes affordable housing goals without Increasing growth rates or impacts. • Special attention should be directed to providing for dispersal of housing for low and moderate income families and low income senior citizens throughout the residential areas of the Urban Growth Boundaries with due consideration to other policies of the County and the availability of water and sewer service, fire protection, public transportation, employment, shopping, schools, social services, and recreational activities. • The use of energy conservation and innovative home building techniques in order to reduce construction and/or operating costs without sacrificing safety or desirability of the housing shall be encouraged and supported. When appropriate, the revision or adoption of building codes 24 Q~~0~.~ will be encouraged to meet this objective. For deed restricted housing projects, a preference will be given to developers and contractors that utilize such techniques. Affordable housing impact fees will be paid at the time of building permit. A CDU is proposed. 7-10-380: REQUIRE THAT DEVELOPMENT BEAR AN EQUITABLE SHARE OF RELATED BURDENS It is the policy of the County that new development must pay an equitable share that would otherwise be borne by the general public, and/or make equitable contributions, commensurate with its impacts, to ensure that no reduction in the quality of services, public facilities or programs occurs as a result of the development. The applicant will pay applicable impact fees at building permit. 7-10-390: GENERAL GOVERNMENT/ PUBLIC PARTICIPATION AND PLANNING PROCESSES • Pitkin County acknowledges the benefit of regional planning. To that end, the County supports planning efforts between counties, towns, state and federal agencies. These cross- jurisdictional approaches are most notably important in the venues of transportation, housing, open space, water resources, agricultural lands, solid waste facilities, public safety, wildfire mitigation and human and social services. Intergovernmental agreements are encouraged to facilitate implementation of common land use goals. • The County encourages general public participation when public and quasi-public bodies are making decisions, which significantly affect citizens and the formation of specific citizen advisory groups to participate in planning-related matters. • Pitkin County promotes the preparation of community-based plans by Caucuses or other neighborhood groups that are consistent with the policies herein, and other policies adopted by the Board of County Commissioners. Recognizing the unique qualities and issues inherent in our County, creative approaches to land use are encouraged. This policy is not applicable to the subject site. 7-10-400: ECONOMIC SUSTAINABILITY AND CONDITION A balanced, diversified economy should be promoted in order to maintain and enhance the quality of life in our community. The economy should offer desirable local employment opportunities without creating significant job growth. Desirable local businesses may include those that utilize environmentally sustaining operating practices, recycle monies back into the local economy, and do not adversely impact surrounding areas. This policy is not applicable to the subject site. 7-10-410: 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. Site development will comply with local, state and federal laws. 25 Minor Amendment to a Development Permit Section 2-20-150 b. This section demonstrates compliance with the standazds for a Minor Amendment to a Development Permit. The standazds are given in bold with the applicant's response following. (1) Consistent with action(s) taken during previous development approvals for the property; and The proposed amendments aze minor and generally consistent with the prior approvals. The Activity Envelope is somewhat smaller than the original approval. (2) Does not change the use of the proposed development between residential, commercial and tourist accommodation uses; and There are no changes proposed between these land use categories. (3) Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; and Due to the dense trees, there will not be a significant change in the character or visual appeazance of the property. (4) Does not constitute a new land development activity; and The primary land use activity approved for the site will not change as a result of the amendment application. (5) Does not increase off-site impacts in the surrounding neighborhood; and The proposed amendment will not have any impact on the surrounding neighborhood. (8) Does not endanger the public health, safety or welfare; and The proposed amendment will not affect the public health safety and welfare. (7) Does not violate any Land Use Code standard; and The proposed amendment does not violate any Land Use Code standazd. (8) Does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and There will not be any increase in on-site pazking resulting from the proposed amendment. The demand for affordable housing will not be increased. Fire protection will be enhanced by the installation of a water tank and a fire truck tum around. (9) Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent. The proposed Minor Amendment will increase the floor azea by more than five percent, the Special Review for use of a TDR is approved. 26 ~~~~~ Summary The proposed land use application will be generally consistent with the prior land use approvals; is not changing land use categories; will not change the basic chazacter or appearance of the approved uses; does not constitute a new development activity; does not increase off-site impacts resulting from development; does not endanger the public health, safety and welfare; does not violate any Land Use Code standard; does not affect on-site parking or utilities. Due to the dense foliage on the site, the property is suitable for the use of one TDR to increase floor area to 8,250 squaze feet. This land use application has addressed the Land Use Code standazds identified by the Pitkin County Community Development Department in the Pre-Application Conference Summary Sheet (see Attachment 11). The following is a summary of the Attachments to this land use application. Vicinity Map 2. Board of County Commissioner's Resolution No. 80-7 Granting Final Plat Approval for the Schneider Subdivision 3. Subdivision of Part of H.E.S 305 4. Photos of Property from Castle Creek Road taken Februazy 25, 2008 5. Hedstrom Residence: Hazazd and Slqpe Analysis 6. Hedstrom Residence: Site Plan Hedstrom Residence: Elevations 8. January 27, 2008 Letter prepazed by Art Mears P.E. Inc. "Hedstrom Avalanche Hazard Analysis & Mapping 9. Hedstrom Property Topographic Map Prepared by Aspen/Pitkin GIS 10. Pitkin County Pre-Application Conference Summary Sheet 12. Fee Agreement 13. List of Adjacent Property Owners 14. Letter Authorizing Submission of Land Use Application 15. Proof of Ownership 27 ~0~0~7 Please contact me if we can provide any additional information or to clarify anything. Sincerely, DAVI H RN INCORPORATED f GLENN HORN AICP 28 ~00~~~ :,. N a 3 ~ T i~ ~ ,gyp, , ' • '~ ` m o m c3 ~ p. . • ~' :.: m . I ~ ~ t: "~ . ' > > ~, o ~~ ~ g ~ ~ a ~ N~~ tD o ~. ~ a a a O t ~~ ~ ~ r{'~,1~'l ~ti ~ ~ d ~ y ~ .~ TI O . y}°~,q~l I ~ 0 ~ ~ ~ ,~ o ~ rn ~ ~~ . ~ pp ( ~ ~, 7 f~ Vi ~ s~ d yz ~ ti. g ~ ~ _ ~ ~ Si . h7 ~ ~ „ ~~ . ~ ~~~ ~ih°a 4~~-'a' ~~gca~t'.~;c+ tti; r `~, f, x ; ,~,. ~; j(j~,• , j ~ y~l ~ ~ ~Y , ~,j~r~ })~~ ~ ' ~~ Y4~ a ~~YI~ Z 1~r ~ ~~t~, ~ pt, ~u 1 ~t~~i~`41~ 4~S1~FL~.~n`-y~~+~,r~,~n.,e~k~~ {i . .~ 1 ~.'qk` r~~ +~ N r~~ ~, y. ~ 7~-~.7r''~ ~. ,. ... '.~:;~~ I~, n~(td (4d nn ri Itv,orde~ 11ei vP'~"~~ P;,~ nEullUilittl 01 iHC BOARD OF COUNTY Cl1Mrl1'•IONERS Of PITKIN COIINIY, COLl1RA0n, GRANi1N.1 ...c ~ . s~. ~ ~~_ f1kAL PLAT APPROVAL. ~,,;~Jti3 ,,,..584 FCR THE SClINCIOER SUBDIVISION Resolution No. 30- 7 WHEREAS, Steve and 6arbar•a Schneider are the owners of record of 41.73 acres of real property located near Ashcroft in the Castle Creek Jolley of Pitkin County, and WHEREAS, the Schneiders have ayplied for subdivision of their 41.78 ~~res of land into two parcels; Lot"1 contains 21.41 acres and Lot 2 con- tains :0.37 acres, and WHEREAS, the applicants have met all requirements imposed by the Board of County Commissioners in Resolution Number 78_95, and WHEREAS, the Board has heard the evidence and testimony presented with respect to this application, and NOW, THEREFJRE, BE IT RESOLVED bl the Boar.; sf County Commissioners of Pitkin .^.ounty, Colorado, that the Schneider Subdivision is hereby, approved subject to the recording of the final plat. Approved thi- 28th day of January. 1980 by the Board of County Commis- sioners of Ditkin County, Colorado. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORi00 AT'. E;iT y n"" ePu`Y ~ an iFecorder -- APPROVED AS TO TORu, /-~ i G~ COUnty tt01`n~~--- i ,~ ~ ~ . ~ Mi hoe K.ins ey, Chairnra 000"x. 0 0 a rw ~~ µ fW _ , f ~~Q~I'" J~,°~~ ! "<~ p ~~ n S •. a P _ P w V <s ~ " 0 n I C~ t s : ti ~ A s~ P N ^ J ~ taj 7~~•~~ \p .; "' ~~'~ Y S ~_ B " i ~ Q : ~ ' ~ ! ,~ < r I A ° W .. y. t A \~ Y T \•4 f r eq ~_ 'ae i ~ ~~ -c ; _ ;~ __ aa. * ~ / / g ~ ~ f r ~ tt iRj a~W ~"0 W ; `> 11 D-1S M` P4J N y gh ~Co •~~Y -a m :~ z yJ .~. l' ! ~a" ;"in ~} it~Rp~ritC ~°~~ i" Z • ~~~ ~iv< o~~~ sr X1 yge R o $ ~aiz)PIQ~qq~~`~ o;laQi~ ° ~gRlY lil}CN ~'a~ Y? 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J ~ I ~. L _ it ~.6; ~ _~. T 4 f - ~~ss}'~ ~ ~ L j, . _ }G _ ys £ ~ :: 't..{ _ C _ .~~ ~L. ~ • .. 1 ~ ~~ ~ 3~' ~. 0 0 c w ;:: a r~ 0 0 0 ~~. -~ d O O O C.;~ ~• .~ ~,~.~ ,ix ~~ ' ~ 7 ~i r .n r ~ fir; ~ ~ ~ a t. 1 j .: '~ ~~ , , ~` ~ /.Y e~. i `}7r k 1~i ~~~ ~i ~~ i ;~ 1 7 ~? r =mss il ..fit J~`! ,,4r pew ` ` ~ ~:. ~ .F= i 1 ,~ , ~~, ' a . ~ F. ~. ~ ~ °~ a ~~ . '~ ~ ,AAA Ji. .4 ,,,~ ~ .~ :. . ~ . N ~~ +r t 0 0 c~ ca r.: ~ c~ y ~ ' ~ j i, I ~ I HEDSTROM RESIDENCE ma ~> t ~ o'o z~ ~ ~ ,~~ ~ j ~ ~ ~ ~ ~ 9550 CASTLE CREEK ROAD '~' "'~ ~~`~ ~~~ N ~' III ' ~ ~ ASPEN, COLOR.4D0 aam =o ~ ~~' ~N ~~ ~ ~ ~ ~ ~ m~ ~ ~~~ ~ ~~ ~ m LE(l(lt7Cl ~~~~ ~~~ ~ ` ~~` m ~~_ ~ m~; W z~ ~m r a z ~~ m m~ o n m 3 ~1 D ~ ~ ~ i ~ i~ HEDSTROM RESIDENCE o9W ~> ` omo ?r '" o ~~ ~ x " ~, ,~ '~ ! I I ~~ ~ 9550 CASTLE CREEK ROAD m°' ~D $ '" ~, m ~ ~ ~ ~ e ASPEN, COLORADO oaf "~ ~ 0 0 0 0 w w m m C C1 2 D gvz 8pm ~g n~ ~3 8 go ~~ a n Y m Z tl~a~ 0p ~F ~~~~ go oyL ~~a~ n~ ~ x~ m ~Qa~ ~i' ~~ ~ %a ~ F~~ a~ QY 80 ~~ ~ l3R a 3- as ~yp~ Y 8 of 8 on-- _ 3a ~*~8~~3 c~c~F~B oa~am$ 3°o°m~~ R8~ 3, aFao"',a aoa ~~=boa ~~o8oa 3~~a~ ~~~, ~oR~~~ ~g'3Y ~~? ~oF~a ~8~~ 0 Q~°@~ ~o~~~ ~~~za g~~~ 5 Ez 3 ~ ~~ I jn ~p ~~~~ $ ~? v~ ~3= ~~~ s~i a ~~; ~ ~~ sg ~ ~8 I ~ ~ g 2 R >' ~~s ~~ smrt Gr a z P .'. Z~ ~s ~~ m v m I ~ i~ -> y ,, , I i ~~ I HEDSTROM RESIDENCE ~~ a `~ no r ~ ~ I ~' j ~ ~ 9550 CASTLE CREEK ROAD 'o~ ~~ ~~, ~ 0 4 ~` ;~ ~ ~ e ASPEN, COLORADO aam '° ~". ~.: - 3~' I I .I I I ~ ~ um ip ~ r ~9 ^N N o~ i ~ 4 a~ ~z `~ i ~~ } HEDSTROM RESIDENCE 9550 CASTLE CREEK ROAD ASPEN, COLORADO ___. ~:.. n> omo gr 0 mo; y3 .6 Nm pOA i0 P_ nN T 3 !-t rTUC.Y.w.~~yvl ~ 0 Arthur I. Mears, P.E., Inc. Natural Hazards Consultants 555 County Road 16 Gunnison, CO 81230 TeVFax: (970)641-3236 January 27, 2008 Mr. Glenn Horn 215 South Monarch Street Aspen, CO 81611 RE: Hedstrom Avalanche hazard analysis & mapping Dear Glenn: As requested by you and Mark and Karen Hedstrom, this letter report provides my appraisal of the avalanche exposure and mitigation needs and alternatives at the Hedstrom property in Castle Creek. 1 OBJECTIVES AND LIMITATIONS This report has the following objectives: 1. To determine if the proposed building site is exposed to snow avalanches during design-magnitude (100-year return period conditions) and 2. To recommend mitigation options that could be used if needed. The report also has the following specific and general limitations. These must be understood by all those relying on the results and recommendations. 1. The report is site specific and applies only to the building site inspected during my visit last weekend and shown on plans provided by Galambos Architects, Inc. in January of this year. Changes to these plans may invalidate the findings of the report. 2. You as my client should know that while our company can and does attempt to uphold the highest professional standards, the state of scientific and engineering knowledge is incomplete, and does not always permit certainty. The complex phenomena involved in avalanches cannot be perfectly evaluated and predicted, and methods used to predict avalanche behavior change as new research becomes available. While we can and will offer our best professional judgment, we cannot and do not offer any warranty or guarantee of results. ~00~~~ 2 DEVELOPMENT PLANS Proposed development at the Hedstrom property is shown on a conceptual site plan by Galambos Architects, Inc. dated "1/16/08." This plan shows the existing house near the southern end of the property, two alternate barn locations, and a new house location roughly 300 feet northwest of the existing house. The new house is oriented with its long dimension approximately at right angles to the mountain slope. This plan was relied upon to establish the position of the proposed house with respect to the mountain slope and the avalanche paths. The western end of the proposed house is approximately 60 feet east of a point where a service power line to the existing house branches away from the main power line. The end of the proposed house was also marked with GPS coordinates; these coordinates establish the position within approximately 30 feet. Figure 1, an orthophoto from the Aspen/Pitkin County GIS Department shows the property, house location (a rectangle) and nearby terrain. A topographic map with detailedl0-foot contour intervals obtained from the GIS Department was used to accurately establish terrain for the avalanche-dynamics analysis. The method described provides the house location to a level of accuracy sufficient for the avalanche-hazard analysis of this report. 3 AVALANCHE TERRAIN, HISTORY, AND DYNAMICS 3.1 Terrain The orthophoto in Figure 1 shows the property boundaries, proposed house location and limits of the rare design-magnitude avalanches'. The largest avalanches will start in steep, unforested or sparsely-forested terrain as much as 1,500 feet above and west of the Hedstrom property. The forest on the slope shows numerous linear, downslope scars that have been created by avalanches (see Figure 1). These scars are a clear indication of avalanche activity. 3.2 History This portion of the Castle Creek valley has not been heavily developed or continuously used for most of the long time period (100-300 years) which would be necessary to establish an accurate periodicity of large avalanches at most locations. However Lois Abel Harlambert, owner of property directly to the south of the Hedstrom property was interviewed on site during the afternoon of January 19, 2007. She reportedly saw debris from an avalanche that crossed the meadow and the Castle Creek Road about 800 feet north of the proposed Hedstrom building site. This avalanche (in the mid-1990's) started in terrain similar in size and steepness with the avalanche path above the Hedstrom In Pitkin County the design-magnitude avalanche must be considered in land planning and engineering. This avalanche has a return period of 100 years or a constant annual probability of 1 %. ~D~Q~e1 2 3 00002 property. The long runout distance of this observed avalanche tends to verify the results of the avalanche-dynamics modeling discussed in Section 3.3. 3.3 Avalanche-dynamics modeling Avalanche-dynamics modeling2 found that the largest avalanches will reach 60- 70 mph (= 30m/sec) on the steep terrain and impact the electrical transmission line3, the forest, and portions of the proposed building site that is marked as a rectangle on Figure 1. This avalanche will decelerate and gradually slop on the gentle slope as it impacts and penetrates the forest. Portions of this large avalanche may spread laterally to the south and reach the Hedstrom house impacting it at a velocity of approximately 20 mph. The design avalanche considered in the analysis and required by Pitkin County would impact the side of the Hedstrom house producing an impact pressure of roughly 250 Ibs/ft2 on flat surfaces oriented at right angles to the flow. A deep dust or powder cloud and entrained fragments of tree limbs will accompany this avalanche and reach the house. The 2501bs/ft2 impact pressure is approximately 8 to 10 times the loading capacity or strength of a building designed according to normal standards used in Pitkin County but not exposed to avalanches. To avoid substantial impact damage to the house, structural protection must be used. Two feasible options are discussed briefly in section 4. 4 AVALANCHE STRUCTURAL MITIGATION Two alternate mitigation possibilities are feasible at this site: (a) reinforcing the uphill walls, doors, and windows for avalanche forces or (b) building a deflecting wall above the house to deflect the flow to the north. Each method has advantages and disadvantages. 4.1 Building reinforcement Special building design requires computing forces on specific surfaces of the building and recommending the magnitude, duration, and types of loads to the structural engineer. This method has the advantage of eliminating additional (and sometimes conspicuous) construction separate from the building. A disadvantage may be the required modifications to the design of the building and additional costs (possibly +10% over normal cost). z Avalanches were modeled using a two step procedure as follows: (a) the maximum runout distance or stopping position was determined by terrain analysis, vegetation clues and history; (b) using the starting and stopping positions the Swiss avalanche-dynamics model AVAL 1D was used to simulate velocity, flow height and runout distance. ' A transmission line, due to its small surface area, will not necessarily be damaged during impact. ~~~U~i~ 4 4.2 A detached deflecting wall A detached wall could be built above the house to deflect avalanches laterally away from the building. Depending on the deflection angle, such a wall would probably be 10-15 feet high on the avalanche side and would always be visible, even though the design avalanche is a rare event with a return period of roughly a century. Furthermore a wall would be effective in deflection the lower, dense flowing snow but would not stop the deep powder avalanche. This would flow over the top of the deflecting wall. The powder avalanche has much smaller pressures but could produce damage to the windows and doors. Both types of mitigation must be developed after final building plans are completed. A final design, including heights, strengths, positions and effectiveness cannot be provided with the current level of building and layout detail. Report prepared by, Arthur I. Mears, P.E. Avalanche-control engineer ~~004~ 5 0 r a ~ m = °~m ~ m E ~ ~ ~ v md~~ m ~ o add m oo~ - B ~ s = ~ a $ I ~ ~ ~ m ~ m °- m ~ I ~ d d ~ ~~~m ~ ~ Z 3 al nv n ~ ° o3i _ ~ ,~ o ~ ~ ~ ~ a z ~, d y m m a~i '0 fn o~ m m m m 2 ~ ~-~ ~' ~ ~ N ~ w ~~~~0 v~ ! ! ' / m y 0 s i a / ,N A O v m r ~ +IIL 1 ~/ ib ; O /y 8 Q° S b ~ i ~ - z / m r ~ O / N ~ D m X O ~ ~I ~ ti~ / ~ ~i pO - ~ ~ I ~~i; ~ ~ ~ ., ~ ~ G ~ ~ z n ,' ~ m^ y ~ ~ ~ ~ m r."~ ~ aa~aaa~.aavd` ~ I ~ - b a / F ~ . i. cal f r z :, i A ~ / ,,.- ~ ~ las ~': "~ rG m X54 .., z .~~ `~ .. (~ ,n ~l'~7 _ ~ ~ 5 ~S v_ ~• Al ~ m z ~ p I ~ ...r` x n n t ` c .. z ~ .. I ~\ ~ ~ ~ ~ 00'6 0096 I i ~~ I ~ ~ 0 OOk f> ~ .. 00 ~5 085 l c~ PITHIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PROJECT: Hedstrom Residence Redevelopment LOCATION: 9555 Castle Creek Road, Lot 1, H.E.S. Subdivision 305 PID# 290919402001 OWNERS: Hedstrom REPRESENTATIVE: Glenn Hom PHONE: 925-6587, DATE: February 4, 2008 PLANNER: Lance Clarke 920-5452 Type of Application/Description of Development: The Applicant is seeking approval for reconstmction of a single family home and accessory structures in a Boazd approved Building Envelope. The Applicant wishes to be designated a TDR Receiver Site in order to add floor azea and wishes to amend the building envelope. Sec. 2-30-20 (g): Activity Envelope and Site Plan Criteria for Approval; ~ Sec. 2-30-30(h) (2): One-Step Special Review Criteria for TDR Receiver Site; "`~~ Sec. 2-20-150 (b): Minor Amendment to Development Permit; Sec. 6-30-50(b) (2): GMQS Exemption for Additional Floor Area using TDRs; Sec. 6-70: Transferable Development Rights System; Sec. 7-10-50: Activity Envelope/Site Plan; / / Sec. 7-20-20: Steep and Potentially Unstable S4pes; Sec. 7-20-10: Site Preparation and Grading; Sec. 7-20-30: Water Courses and Drainage; Sec. 7-20-50: Geologic Hazards (Avalanche); ~"' Sec. 7-20-60: Wildfire Hazard;l..- Sec. 7-20-70: Wildlife Habitat,/ Sec. 7-20-80: River and Stream Corridors; '~/ Sec. 7-20-40: Floodplains; / Sec. 7-20-130: Landscaping and Vegetation Protection (tree removal); '~ Sec. 7-20-120(d): Standazds for Scenic View Protection Areas; / Sec. 7-20-120(e): Rural Chazacter Guidelines for Building Location i/ Staff will refer the application to the following agencies: EH/NR, Mazoon/Castle Caucus, Aspen Fire District, Planning Engineer, andCDOW~ also osT Review by: Hearing Officer Public Hearing: Yes. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. Tn addition, the Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners with the return address of the Community Development Deparhnent (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appeaz no more than 60 days prior to the date of the public hearing. FEES: $4,346.00 (make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $2,772 Non-refundable; based on 12 hours of staff time (5 hours for Activity Envelope and Site Plan at $1,155, 4 hours for Special Review for a TDR Receiver Site at $924, and 3 hours for Minor Amendment at $693.). If staff review time exceeds 14.4 hours, the Applicant will be charged for additional time above 12 hours at a rate of $231/hour) Hearing Officer fee is billed sepazately. NOTE: Fees may increase in the near future. Public Notice fee: $50 EH/NR fee: $1,062 (Warren and Nancy/Cazla) 00004 Planning Engineer fee: $462 To apply, submit 7 cODICS of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. Activity Envelope and Site Plan requirements as designated in Section 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; 3. Standazds Report for Special Review for TDR's as designated in Section 2.2.19 of the Pitkin County Land Use Application Manual; 4. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 5. Proof of legality of the pazcel; 6. Previous Land Use Approvals (if applicable); 7. Proof of ownership of subject property, consisting of a cun•ent certificate from a title insurance company or attorney licensed to practice law in Colorado, as stated in Section 1.3 of the Application Manual; 8. Parcel description, including legal description and vicinity map; 9. Total fee for review of the application; 10. Signed fee agreement (1 copy); 11. Consent from owner(s) to process application and authorizing the representative (1 copy) 12. List of all adjacent property owners and mineral estate owners (1 copy) 13. Copies of this pre-app form NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPYOF YOUR COMPLETE APPLICATION PLEASE SUBMIT TWO-SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION - ALL MAPS SHALL BE FOLDED. - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review ojthe application. 0001 / i I~-- PITKIN COUNTY COMMUiYi'I'Y DEYELOP:VIENT DEPARTMENT ~~ AGREEMENT FOR PAYMENT OF LAND USE APPLLCATION FEES PITKIN COUNTY (hereinafter "COUNTY") and M c~ r ~ -1- ~'Ctc(e r1 (-~e~ S'i-ran.. {hereinafter "APPLICANT"} AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for r,,o ~,~ S~Cu.sr„ S4?cc.. i,.i.1 '(ze „~ie w' t- - ,Tr ~'~ ~ti ~e~ r'`-(hereinafter, the "PROJECT"}, 2. APPLICANT understands and agrees Ehat Pitkin County Ordinance No. Oi8-2004 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based orr the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission andlor Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees thaE In consideration of the COUNTY'S waiver of its right to collect full fees prior.to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ W3 ~1(., which is based onl`1 Nhours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date, APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director OOOu4 L M u ~ Ir: ~-l N~.~ sj-rti,,..~ ("APPLICANT"} 8y: ~I~ /~/. /yEL Name and Title Date: 3~3~ v~ Mailing Address: 1 -I ~r~?.- GrJ ~~ ~T~'rJ,n~~, Gfi' C I'3 List of Adjacent Property Owners Gerald Eskin 1000 W. Washington Blvd. Apt. 434 Chicago, IL 60607 Lois Harlamert PO Box 1880 Aspen, Colorado 81612 Fall Creek LLC Katie Ford 111 5`h Avenue F19 New York, NY 10003 Anthony & Diane Hixon 66 Sparks Street Cambridge, MA 02318-2238 Simon Pinniger PO Box 10420 Aspen, CO 81612 ~~~~ib~l Mazk Hedstrom 19 Foxboro Irvine, CA 92614 Mazch 3, 2008 Lance Clazke AICP Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Hedstrom Pazcel Land Use Application Deaz Lance: This letter authorizes Davis Horn Incorporated to submit a land use application for our property located at 9555 Castle Creek Road (Pazcel ID # 2909 194 02 001). Please contact me at 310-552-7231 (office) or 310-650-7379 (cell) if you have any questions. Thank you. Sincerely, Mazk Hedstrom l ~-( ~~~~)~1~ parcel Detail Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Pro~rty Search ~ Assessor Subset Ouer~ ~ Assessor Sales Search Clerk & Recorder Reception Search Basc.Buildin~_Characterstics ~ Tax Information Parcel Detail ~ V_alue Detail ~ Sales Detail ~ ResdenhaVCOmmercia] Im..prov..ement Detail Land.Detal ~ Photographs Tax Area Account Number Parcel Number 2007 Mill Levy 007 R009281 290919402001 23.69 Owner Name and Address HEDSTROM MARK M & KAREN 19 FOXBORO DR 'IRVINE, CA 92614 Legal Description 305 LOT:1 Location Ph sical Address: 9550 CASTLE CREEK RD ASPEN Subdivision: HES 305 Land Acres: 21.41 Land S Ft: 0 2007 Property Tax Valuation Information ooao~} Actual Value Assessed Value Land: 1,800,000 143,280 Im rovements: 324,800 25,850 ~-Total: 2,124,800 169,130 II Sale Date: 1110/18/2007 II Page 1 of 4 ~~ http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R009281 3/3/2008 Parcel Detail Sale Price: Basic Building Characteristics ooonG Number of Residential Buildings: 1 Number of Comm/Ind 0 Buildin s: Residential Buildin Occurrence 1 Characteristics FIRST FLOOR: 879 ENCLOSED PORCH: 162 GARAGE DETACHED UNFINISH: 540 ROOF DECK: 100 WOOD DECK: 267 WOOD BALCONY: 117 OPEN PORCH: 12 UNFINISHED BSMT: 216 1/2 STORY: 170 2ND FLOOR: 693 Total Heated Area: 1,742 Property Class: -~ SINGLE FAM RES- IMPROVEMEN Actual Year Built: 1982 Effective Year Built: 1981 Bedrooms: 2 Baths: 2 -~ Quali of Construction: GOOD T 12 Exterior Wall: WOOD SD GO Interior Wall: WOOD T&G Interior Wall: DRYWALL Floor• BASE Floor: WOOD Heat T e: ELE.B/B Heatin Fuel: ELECTRIC Roof Cover• METAL Roof Structure: GABLE/HIP Page 2 of 4 http://www.pitltinassessor.org/assessor/Parcel.asp?AccountNumber=R009281 3/3/2008 Parcel Detail CASTLE CREEK ~~ Super Nbad: ~~MROON CASTL CRK ~~ Tax Information Q~~~r3~ Tax Year Transaction T e Amount 1997 Tax Amount $3,032.90 1997 Tax Pa ent: First Half ($1,516.45) 1997 Tax Pa ent: Second Half ($1,516.45) 1997 Interest Char e $30.33 1997 Interest Payment ($30.33) 1998 Tax Amount $2,982.98 1998 Tax Payment: First Half ($1,491.49) 1998 Tax Pa ent: Second Half ($1,491.49) 1999 Tax Amount $2,551.66 1999 Tax Pa ent: First Half ($ 1999 Tax Payment: Second Half ~ ($1,275.83) 2000 Tax Amount $2,934.46 2000 Tax Payment: First Half ($1,467.23) 2000 Tax Payment: Second Half ($1,467.23) 2001 Tax Amount $3,749.88 2001 Tax Pa ent: First Half ($1,874.94) 2001 Tax Pa ent: Second Half ($1,874.94) 2002 Tax Amount $3,734.34 2002 Tax Pa ent: Whole ($2,576.27) 2002 Tax Pa ent: Whole ($1,158.07) 2003 Tax Amount $3,236.46 2003 Tax Pa ent: First Half ($1,618.23) 2003 Tax Pa ent: Second Half ($1,618.23) 2004 Tax Amount $3,282.94 2004 Tax Pa ent: First Half ($1,641.47) 2004 Tax Pa ent: Second Half ($1,641.47) 2005 Tax Amount $3,264.24 2005 Tax Pa ent: Whole ($3,264.24) 2006 Tax Amount $3,431.16 2006 Tax Payment: First Half ($1,650.00) 2006 Tax Pa ent: First Half ($65.58) 2~ Tax Payment: Second Half ($66.g~ ~ Page 3 of 4 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R009281 3/3/2008 ~azcel Detail ~ 2006 ~~ Tax Payment: Second Half ~ ($1,648.69) 2007 Tax Amount ~ ea nnF T. ~~po..f. Pale Assessor Database Search_O~tions ~ Treasurer Database Search motions Pitkin County_Home _P. age Page 4 of 4 The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright ©2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. 000054 http://www.pitkinassessor.org/assessor/Pazcel.asp?AccountNumber-R009281 3/3/2008 PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on May 20, 2008, the Hearing Officer of Pitkin County granted approval for the Hedstrom Residence Activity Envelope, Site Plan Review and Special Review for TDRs (Determination No. 06-2008; Case No. P029-08). The property is located at 9550 Castle Creek Road and is legally described as Lot 1, H.E.S. Subdivision 305. The State Parcel Identification Number for the property is 2909-191-02-001. This site- specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. s/James True Hearing Officer Pitkin County, Colorado Published in the Asuen Times Weeklv, on June 8, 2008. PUBLIC NOTICE RE: Hedstrom Residence Activity Envelope, Site Plan Review and Special Review for TDRs (CASE P029-08) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 20, 2008 to begin at 3:00 P.M., or as soon thereafter as the conduct of business allows, at the Library Meeting Room, 102 North Mill Street, Aspen, before the Pitkin County Heazing Officer, to consider an application submitted by Mark Hedstrom (215 South Monazch Street, Suite 104, Aspen, CO 81611) to build a new single family home and accessory structures. Applicant is requesting approval to utilize one TI)R for additional floor azea to 8250 square feet. The property is located at 9555 Castle Creek Road and is legally described as Lot 1, H.E.S. Subdivision 305. The State Parcel Identification Number for the property is 2909-194-02-001. The application is available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. s/James True Pitkin County Heazing Officer Published in The Aspen Times Weekly on April 20, 2007. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the AfSdavit of Notice (Code Section 2-20-100) by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 Mazch 10, 2008 Glenn Horn 215 South Monarch Street, Suite #104 Aspen, CO 81611 Re: Hedstrom Residence Redevelopment (PID 2909-194-02-001; Case P029-08) Deaz Mr. Horn: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. At this time we are requesting you to provide proof of ownership, as described in application manual. We have scheduled this application for review at a public hearing by the Pitkin County Hearing Officer on Tuesday, May 20, 2008, at a meeting to begin at 3:00 p.m. in the Pitkin County Library Meefing Room, 102 North Mill Street, Aspen, Colorado. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please be aware that the Hearing Officer will be billed at $175 per hour. Please note that it is your responsibility to post a public notice sign on the property at least 15 days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Deparhnent). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit (Code Section 2-20-100) Bonnie Waechtler To: Rose Ann Sullivan; Dale Will PITIQN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Environmental Health & Natural Resources Mazoon/Castle Creek Caucus Aspen Fire Departrnent Pitkin County Engineer Colorado Division of Wildlife Open Space and Trails FROM: Suzanne Wolff, Community Development Department RE: Hedstrom Residence Redevelopment, (PID 2909-194-02-001; Case #P029-OS) DATE: March 10, 2008 Attached for your review and comments are materials for an application submitted by Mark Hedstrom. The Pitkin County Hearing Officer will review the application on Tuesday, May 20, 2008. Please return your comments to me by Friday, May 9, 2008. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. Bonnie Waechtler Planning Administrative Assistant Community Development Pitkin County 130 Sou[h Galena Street, 3rd Floor, Aspen, CO 81611 970.920.5109 (Phone) 970.920.5439 (Faz) bonniewfdco.oitkin.co us `3~~0~ ~u T - • Ta Suzanne WoHf, Community Development Department Frorrc Ed Van Walraven, Fire Marshal CC: Datx March 19, 2008 R« Hedstrom PID2909-194-02-001; Case#P029-08 Suzanne, This project shall meet all of the codes and requirements of the Aspen Fire Protection District This includes but is not limited to Fire Department Access (International Fire Code 2003 Edition Section 503), Turning around of fire department apparatus ('rf access is a dead end and in excess of 150 feet) (IFC Section 503.2.5), Due to location an approved fire sprinkler system shall be provided in all sWctures regardless of size (IFC as amended Section 903), Water supply, a minimum of 20,000 galbns (IFG Section 508), and detailed wikJfire mitigation plans for both landscaping and stnictural standpoints shall be submitted. Please have the applicant contact the Fire Marshal's Office for spedfications on the above requirements. Th nk you, ~~ Ed STATE OF COLORADO Bill Ritter, Jc, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303)297-1192 wildli/e.state.co. us April 5, 2008 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 RE: Hedstrom Residence Development Dear Suzanne: For ~Idllfe- ForPeople The Hedstrom parcel does not lie within any mapped wildlife habitat areas. It does contain an aspen stand which provides valuable wildlife habitat to deer, elk, small mammals, and buds. The aspen stand will be utilized by black bear, especially in the spring as new growth emerges in the form of grass and forbs. For the most part, constmction of a new home with associated outbuildings/barn should not have significant negative impact to wildlife. The main impact will be direct loss of existing aspen habitat type and if the parcel is fenced for horse gazing, the parcel will have less benefit to wildlife. The home is sited in an area with other existing homes and disturbances. The potential is high for black bear-human conflicts at this site in the spring and early summer. The homeowner will need to take the necessary precautions to minimize conflicts. Big game conflicts with elk and mule deer could also arise with damage to fencing and stored hay. The following recommendations will help to minimize impacts to wildlife and minimize human-wildlife conflicts: 1. maintain all native vegetation outside the activity envelope and as much as possible within the envelope 2. within the aspen stand, maintain minimum of 2-5 standing dead trees/ac for cavity nesters and raptors as per 7-20-7Q general standards, LUC. This is contrary to what is proposed by the applicant. Standing dead as well as fallen trees are important to the many and varied species of wildlife which utilize aspen forests. 3. horse/livestcek grazing should be minimized within the aspen stand. 4. implement measures outlined under section 7-20-70 LUC, especially those sections regarding black bear 5. round handled door knobs should be used for all outside doors instead of lever handles in order to minimize a bear's ability to gain entry 6. there should be no trees planted or within close proximity of the home where they will allow black bear access to upper level decks or windows 7. no fencing outside the activity envelope 8. horse hay should be fenced with 8' mesh game proof fencing or stored with the barn where elk and mule deer cannot gain access. 9. contractors are required by code to provide a bear proof container for all edible and food related trash. Compliance has been poor at construction sites, which has led to increased food conditioning and habituation of black bear to human related foods. This results in increased human-bear conflicts I ~~ DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Exeartive Direcor WILDLIFE COMMISSION, Tom Budce. Chair • Claire O'Ne~. vioe Chair • Robert &av. Secxetarv 00004 10. construction workers should not be allowed to bring dogs on site as the Division has had problems with construction worker dogs chasing wildlife. Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright at 947- 2920. Sincerely, erry Wi Lc~- Area ildlife Manager Cc: R. Velarde, K. Wright, file z O~G~.7 MEMORANDUM To: Suzanne Wollf, Planning Department From: Nancy MacKenzie, Pitkin County Environmental Health 8 Natural Resources Department Date: May 8, 2008 Re: Hedstrom Activity Envelope, Site Plan and Special Review for Transferable Development Rights Parcel ID # 2909-194-02-001; Case P029-08 ------------------------------------------------- ------------------------------------------------- SUMMARY OF RELEVANT PARTS OF APPLICATION: This lot is located about 9.5 miles up Castle Creek Rd. An existing house will be demolished and the onsite wastewater treatment system (OWTS) serving the house will be abandoned. Envelopes are being requested in new areas on the lot for the new house and for a new OWTS. Portions of the lot are in red and blue avalanche zones. A visit to the site was not conducted by this department because the lot is still covered in snow. The Pitkin County Environmental Health & Natural Resources Department (EH/NR) has reviewed the details of the Hedstrom application under the authority of the Pitkin County Land Use Code and has the following comments: WATER SUPPLY The application states that this site is served by an existing well which is shared by the neighboring property. The well is located on the neighboring Lot 2. The well permit must be provided to show that this property has legal rights to this well. SEWAGE TREATMENT AND COLLECTION There is soil data in the EH/NR OWTS permit file for the existing OWTS system that was issued in 1982 which indicates that ground water was found at 4 ft. The profile hole soil data for the proposed new location must be done during the period of highest potential ground water for the site. The EH/NR Department and the soils engineer ust be called for a site visit at that time . The timing for this can vary depending on snow pack and weather conditions. If high ground water is found in the new location, a mounded system would be required. If no ground water is observed and a subsurface absorption area is ~ 0-~2 000014 designed, OWTS regulations now require that a trench configuration must be designed for the absorption area. An engineer should be consulted before building plans are finalized to determine if the proposed area for the OWTS is large enough to accommodate the OWTS for the desired house size and number of bedrooms. The avalanche mapping report from Arthur Mears, P.E., indicates that the area for the OWTS absorption area will be in the blue zone. If the OWTS is destroyed and/or covered with debris, the house could become uninhabitable until such time that the system could be repaired or replaced. Z 000015 PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Suzanne Wolff FROM: Catherine Berg, Planning Engineer Re: Hedstrom Residence Redevelopment DATE: May 9, 2008 After reviewing the application I have the following comments: 1. Prior to permit approval the applicant shall submit a detailed drainage and erosion control plan. If the site disturbance is more than one (1) acre a State Stormwater Permit shall be applied for and obtained. 2. Applicant shall submit a revegetation plan to be approved by the Pitkin County Land Manager. 3. Applicant shall submit a construction management plan with their first application for a development permit. The permit shall include a management plan for all phases of construction. 4. The applicant shall obtain an approved Access Permit for the construction of the driveway. The application shall include: a. Stamped engineered drawings for all retaining walls equal or grater than four (4) feet in height. b. Utility line locations, utilities shall follow the alignment of the approved driveway. c. Applicant shall comply with the requirements of the Aspen Fire Departrnent regarding access. Other comments: Can we specify that Activity Envelope 3 only be used for utilities? ^ Can the Activity Envelope azound the septic be smaller, limited to just the area needed for the septic? Activity Envelope 4 shall not extend into the 100 foot setback. Activity Envelope 2 shall not extend off the Hedstrom property. o®~®~.~ p1~BLIC DATE "; PN 1 l'~ .~ _ -~ County of Pitkin } AITIUAVIT OP NOTICE & } ss• MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USG COUG SECTION 2-20-100 1, ~~ le n n J'IU//~ ,being or representing an Applicant to the Prtkm County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all owners of property adjacent to the subject property, as indicated on the attac ed list, on the ~ day of ~ , 200 (which is?JDdays prior to the public hearing date of ~ ~'~ .The names and addresses of the adjacent property owners shall be those on the current tax cords of Pitkin County as they appeared no more than 60 days prior to the public hearing. ~I~ 2. maili of n ice, a copy of ich is att ched hereto; y first-cT ostage prepaid U.S. ail at ` ~ lea days prio o the pu c he ng to th owner(s) o he neral es to unde ea a subject ~`vt pr , as indicate on a attache list, on e day , 200_ (wh' ~ days prior the blic hearing e of ). The na es a addre es of the mi al estate ners shall be those the cu nt to records of Pitkin Coun as they app ared n ore than 60 days prior to the public hearin . 3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the day of „~, , 200`f~ whic is at least fifteen (15) days prior to the public hearing. A photograph of the p sted sign i att a hereto. u/~C d'{~~~i'Lyr~ ~ C.~i~ Applicant's name c; ~,,,r (Attach photograph here) JESSICA My Commission G:\county\admin\forms\affidavit Si e before me this 2" day of ( r~ 20~by ~~ WITNESS MY HAND AND OF ICIAL SEAL My commission expires: 2 ~SILet lit n~Q~ Notary Public A otary Public's Signature ~ -~3 PUBLIC NOTICE RE: Hedstrom Residence Activity Envelope, Site Plan Review and Special Review for TDRs (CASE P029-08) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 20, 2008 to begin at 3:00 P.M., or as soon thereafter as the conduct of business allows, at the Library Meeting Room, 102 North Mill Street, Aspen, before the Pitkin County Hearing Officer, to consider an application submitted by Mark Hedstrom (215 South Monarch Street, Suite 104, Aspen, CO 81611) to build a new single family home and accessory structures. Applicant is requesting approval to utilize one TDR for additional floor area to 8250 square feet. The property is located at 9555 Castle Creek Road and is legally described as Lot 1, H.E.S. Subdivision 305. The State Parcel IdentiScation Number for the property is 2909-194-02-001. The application is available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. s/James True p:.i.-^- ..,,ilea-;ng0~~-_, .. '007. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Aff davit of Notice (Code Section 2-20-100) by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date z List of Adjacent Property Owners Gerald Eskin 1000 W. Washington Blvd. Apt. 434 Chicago, IL 60607 Lois Harlamert PO Box 1880 Aspen, Colorado 81612 Fall Creek LLC Katie Ford 111 5`h Avenue F19 New York, NY 10003 Anthony & Diane Hixon 66 Sparks Street Cambridge, MA 02318-2238 Simon Pinniger PO Box 10420 Aspen, CO 81612 J Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title UUNR.RNiCF CUMVANY Date: 04-18-2008 Our Order Number: Q62001516 Property Address: 9550 CASTLE CREEK ROAD ASPEN, CO 81611 !f you have any inquiries ar require further assistance, please contact one of the numbers be%w: For Title Assistance: Aspen Title Dept. 533 E HOPKINS 8102 ASPEN, CO 81811 Phone: 970-925-1678 Fax: 970-925-6293 GLENN HORN Phone: 925-6587 Copies: 1 EMail: ghorn@raf.net Sent Via EMall i / ,,' MARK HEDSTROM 19 FOXBORO IRVINE, CA 92014 EMail: mheds[rom@colonyinc.com Sent Via EMall 0-~3 LAND TITLE GUARANTEE COMPANY PROPERTY REPORT Our Order No. Q62001516 Cust. Ref: This report is based on a search made of documents affecting the record tltle to the property described hereinafter, searched by legal description and by the names of the record owners. The information as to record owner is taken from the most recent recorded Vesting Deed. No information is furnished relatlve to easements, covenants, conditions and restrictions. LiabiBty of Land Title Guarantee Company under this Property Report is limited to the fee received. Prepared For: This Report is dated: April 14, 2008 at 5:00 P.M. Address: 9550 CASTLE CREEK ROAD ASPEN, CO 81611 Legal Description: LOT 1, PART OF SUBDNISION H.E.S. 305, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 22, 1980 IN PLAT BOOK 8 AT PAGE 77. COUNTY OF PITKIN, STATE OF COLORADO. Record Owner: MARK M. HEDSTROM AND KAREN L. HEDSTROM We find the following documents of record affectlng subject property: DEED OF TRUST DATED OCTOBER 18, 2007 FROM MARK M. HEDSTROM AND KAREN L. HEDSTROM TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF WELLS FARGO BANK, N.A. TO SECURE THE SUM OF $2,555,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED OCTOBER 19, 2007, UNDER RECEPTION N0. 543333. Z _ .`._. LAND TITLE GUARANTEE COMPANY PROPERTY REPORT INVOICE April 18, 2008 Record Owner: MARK M. HEDSTROM AND KAREN L. HEDSTROM Property Address: 9550 CASTLE CREEK ROAD ASPEN, CO 81611 Your Reference No.: When referring to this order, please reference our Order No. Q62001516 -CHARGES- Property Report $100.00 --Total-- $100.00 Please make checks payable to: Land Tile Guarantee Company P.O. Box 5440 Denver, CO 80217 3 PITKIN CO~ITY COMMUNITY DEVELOF~NT Permit Receipt RECEIPT NUMBER 00025552 Name: March 2008 Date:3/5/2008 Project Address: NO ADDRESS ASSIGNED Type: check # 6240 Permit Number Fee Description Amount 0029.2008.PLAN PP- Flat Fee 2,772.00 0029.2008.PLAN PP- Public Notice Fee 50.00 0029.2008.PLAN PP- Planning Eng Referral Fee 462.00 0029.2008.PLAN PP- EH&NR Referral Fee 1,062.00 Total: 4,346.00 PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00027329 Name: Mark Hedstrom Karen L Hedstrom Date:2/19/2009 Project Address: 9550 CASTLE CREEK RD Type: check # 1049 Permit Number Fee Description 0029.2008.PLAN PP- Hearing Officer Fee 1 Total: Amount 87 50 87.50