HomeMy WebLinkAboutpitkin.planning.273503300024 (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)
PROVED BY
JRDINANCE
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RECEPTION#: 553090, 09/2312008 at
03:15:07 PM,
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Janice K. Vos Caudill, Pitkin County, CO CONTRACT # '~r+
COVENANTAGREEMENT
FOR THE OCCUPANCYAND RESALE
OF 178 ASPEN OAgDRIVE
(Relating to Employee Housing Mitigation Fees)
THLS COVENANT AGREEMENT FOR THE OCCUPANCY AND RESALE OF 178 Aspen
Oak Drive (Parcel Identification Number 2735-033-00-024) (the "Ageement") is made and entered into
this 15th day of September 2008, by Tim Terral (hereinafter referred to as "Owner"), for the benefit of the
parties and enforceable by the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, Owner owns the real property described in Exhibit A. For purposes of this
Ageement, the real property and all dwellings, appurtenances, improvements and fixtures associated
therewith shall hereinafter be referred to as the "Property' ;and
WHEREAS, Owner, in order to pay an Employee Housing Mitigation Fee ("ERNE") pursuant to
Ordinance No. 023-2005, agces to restrict the acquisition or transfer of the Property to "Qualified Buyers,"
as that term is defined in this Ageement or to pay the EHMF which would otherwise be applicable to the
Property if the Owner did not qualify as a Qualified Buyer calculated at the rate applied to Non-Qualified,
Transferee(s) as that term is defined by this Ageement at the time of transfer By this Agreement, Owner
agces to continue to meet the requirements of a "Qual~ed Buyer" and restrict the Property against use and
occupancy inconsistent with this Ageement.
WHEREAS, "Qualified Buyers" aze natural persons meeting the residency qualifications set forth
in the Aspen/Pitkin County Housing Authority Employee Housing Guidelines (hereinafter the "Employee
Housing Guidelines"), or its substitute, as adopted by the Aspen/Pitkin County Housing Authority
("APCHA"), or its successor, and in effect at the time of the closing of the sale to the Qualified Buyer, and
who must represent and agree pursuant to this Ageement to occupy the Property as their principal place of
residence, not to engage in any business activity on the Property, other than that permitted in that mne
district or by applicable ordinance, not to sell or otherwise transfer the Property for use in a trade or
business; and to continue meeting the residency requirements as stated in this Ageement.
WHEREAS, an "Owner" is a person or persons who is/aze a Qualified Buyer who acquires an
ownership interest in the Property in compliance with the terms and provisions of this Agreement, or any
other person or legal entity owning an interest in the Property; it being understood that such person, persons
or entity shall be deemed an "Owner" hereunder only during the period of his, her or their ownership
interest in the Property and shall be obligated hereunder for the full and complete performance and
observance of all covenants, conditions and restrictions contained herein during such period.
WHEREAS, this document supercedes any previous covenant ageement for occupancy and resale
associated with this Property.
NOW, THEREFORE, for value received, the receipt and sufficiency of which aze hereby
acknowledged, Owner hereby represents, covenants and agees as follows:
The use and occupancy of the Property shall for so long as this Agreement shall remain if effect,
henceforth be limited exclusively to housing for natural persons who meet the definition of
Qualified Buyers and their families.
2. An Owner, in connection with the purchase of this Property must: a) occupy this Property as his or
her principal place of residence during the time that such Property is owned; b) not engage in any
business activity on such Property, other than permitted in that zone district or by applicable
ordinance; c) sell or otherwise transfer such Property only in accordance with this Agreement and
the Employee Housing Guidelines; d) not sell or otherwise transfer such Property for use in a trade
or business; e) not permit any use or occupancy of such Property except in compliance with this
Agreement. Recertification of residency and the ownership of other property shall be required as
contained in the Employee Housing Guidelines.
3. The provisions of this Agreement shall constitute covenants running with the Property, as a burden
thereon, for the benefit of, and shall be specifically enforceable by the County, and its respective
successors and assigns, as applicable, by any appropriate legal action including but not limited to
specific performance, injunction, reversion, or eviction ofnon-complying owners and/or occupants.
4. In the event that title to the Property vests by descent in, or is otherwise acquired by, any individual
and/or entity who is not a Qualified Buyer as that term is defined herein (hereinafter "Non-
Qualified Transferee(s)"), the Property shall at the option of the Owner a) immediately be listed for
sale at the highest bid by a Qualified Buyer under APCHA's procedures or, b) the Owner and Non-
Qualified Transferee(s) shall be obligated as a precondition to the sale to aNon-Qualified
Transferee to pay the County's EHMF calculated at the rate of the County's affordable housing
mitigation fee less the amount $6,313.00 paid by the Owner as his, her or then EHMF at the time of
this Agreement.
OWNER RESIDENCE AND CONTINUING COMPLIANCE
5. The Property shall be utilized only as the principal place of residence of an Owner.
6. In the event an Owner changes domicile or ceases to utilize the Properly as his principal place of
residence, or otherwise ceases to be in compliance with the applicable Employee Housing
Guidelines or this Agreement, at the option of the Owner, the Property a) immediately be listed for
sale and the highest bid by a Qualified Buyer shall be accepted or, b) the Owner and/or Non-
Qualified Transferee(s), if any, shall be obligated to pay the deferred portion of the County's
EHMF calculated at the rate of the County's EHMF less the amount $6,313.00 paid by the
Owner as his, her or its EHMF at the time of this Agreement. An Owner shall be deemed to have
changed his or her domicile by becoming a resident elsewhere, or residing on the Property for fewer
than nine (9) months per calendaz yeaz without the express written approval of the County.
Upon payment of the sums required pursuant to 4 b) and 6 b) of this Agreement, as determined
by the County, the County shall release this Covenant.
8. Payment of sums calculated under 4 b) and 6 b) of this Agreement shall be due and payable at the
time transfer of the Property by the Owner to aNon-Qualified Transferee.
REMEDIES
9. There is hereby reserved to the parties hereto any and all remedies provided by law for breach of
this Agreement or any of its terms. Tn the event the parties resort to litigation with respect to any or
all provisions of this Agreement, the prevailing party shall be awazded damages and costs, including
reasonable attorneys' fees.
10. In the event the Property is sold and/or conveyed without compliance herewith, such sale and/or
conveyance shall be wholly null and void and shall confer no title whatsoever upon the purported
buyer. Each and every conveyance of the Property, for all purposes, shall be deemed to include and
incorporate by this reference, the covenants herein contained, even without reference therein to this
Agreement.
11. In the event that the Owner fails to cure any breach, the County may resort to any and all available
legal action, including, but not limited to, specific performance of this Agreement or a mandatory
injunction requiring sale of the Property by qualified Owner. The costs of such sale shall be taxed
against the proceeds of the sale with the balance being paid to the Owner.
GENERAL PROVISIONS
12. Notices. Any notice, consent or approval which is required to be given hereunder shall be given by
mailing the same, certified mail, return receipt requested, properly addressed and with postage fully
prepaid, to any address provided herein or to any subsequent mailing address of the party as long as
prior written notice of the change of address has been given to the other parties to this Agreement.
Said notices, consents and approvals shall be sent to the parties hereto at the following addresses
unless otherwise notified in writing:
To County: Hilary Fletcher
Pitkin County Manager
530 East Main, 3`d Floor
Aspen, Colorado 81611
To Owner: Tim Terral
P O Box 3595
Aspen, CO 8161 I
13. Exhibits. Any exhibits attached hereto are incorporated herein and by this reference, made a part
hereof.
14. Severability. Whenever possible, each provision of this Agreement and any other related document
shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any
of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be
ineffective to the extent of such invalidity or prohibition without invalidating the remaining
provisions of such document.
15. Choice of Law. This Agreement and each and every related document are to be governed and
construed in accordance with the laws of the State of Colorado.
16. Successors. Except as otherwise provided herein, the provisions and covenant contained herein
shall inure to and be binding upon the heirs, successors and assigns of the parties.
] 7. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this
Agreement shall be valid against any party hereto except on the basis of a written instrument
executed by the parties to this Agreement. However, the party for whose benefit a condition is
inserted herein shall have the unilateral right to waive such condition, provided that such waiver is
in writing.
18. Gender and Number. Whenever the context so requires herein, the neuter gender shall include any
or all genders and vice versa and the use of the singulaz shall include the plural and vice versa.
19. Personal Liability. The Owner agrees that he or she shall be personally liable for any of the
transactions contemplated herein.
20. Further Actions. The parties to this Agreement agree to execute such further documents and take
such further actions as may be reasonably required to carry out the provisions and intent of this
Agreement or any agreement or document relating hereto or entered into in connection herewith.
21. Modifications. The parties to this Agreement agree that any modifications of this Agreement shall
be effective only when made by writings signed by both parties and recorded with the Clerk and
Recorder of Pitkin County, Colorado.
22. Attorney. In the event of any litigation arising hereunder, the prevailing parties shall be
entitled to the awazd of the costs thereof, together with reasonable attorney fees.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and yeaz
above fast written.
Tim Terral Date
STATE OF COLORADO
COUNTY OF
ss.
The foregoing instrument was acknowledged before me this ~ day of 2008 by
•-
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Witness my hand and official seal. ~~ ; ~ ' ~.~ v `'.~
My commission expires: / ~/ 3. ((~~ CC~~ ,,~~ ,~ Q, ~ •.. o~
Notary Public -,,y~.. , Q .••' ~ ~4a
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ACCEPTANCE BY THE BOARD OF COUNTY COMNIISSIONERS
OF PTTKIN COUNTY. COLORADO
The foregoing Covenant Agreement for the Occupancy and Resale of 178 Aspen Oak Drive of the
Board of County Commissioners of Pitkin County, Colorado and its terms aze hereby adopted and declazed
by the Board of County Commissioners of Pitkin County, Colorado.
BOARD OF COUNTY COMMISSIO:
OF PTTKIN COUNTY, COLORADO
By: ~~ %'-~3-a ~
J ck atfield Chair (or designee)
STATE OF COLORADO )
COUNTY OF PITKIN
ss.
~ /- /
The foregoing in/strument was acknowledged before me this ~ 3 day of .,e r-~S~e~ l~
2008, bye/~¢-g ,~c Y' ~tG/~/b , as Chair of the Board of County Commissioners of Pitkin
County, Colorado.
Witness my hand and official seal.
My commission expires: /~ l ~ / l COI
o ublic
A parcel of land located in the N 1 /2 of the SW 1 /4 of Secfiion 3, Fownship 10 South, Range
85 West of the 6th P.t~A. further described as foAows:
Beginning at a point on The ceniarlina of a private road and utility easement as described in
book 263, page 28 in The office of the Pitkin Courtly Clerk and Recorder whence the Sowth
Quarter corner of said Seztlan 3 bears S 12°5754" E a diatanc® of 2381.43 feat; thence S
14°47'00" W a distance of 383.07 feet to a point on iha centerline of Buttermilk West Road as
described in book 246., page 842 in the ofNce of the PiRkin County Clerk and Recorder,
thence the following seven courses along sold Butterm#k West Read centerline:
l . thence 118.65 feet along the arc of a non tangent curve To the left having a radius of
358.75 feet, a central angle of 18°57'00", and the chord bears N 73°42'27" W a
distance of 118.11 feat;
2. thence 126.02 feet along the arc of p tangent curve to the eight having a j~rus of
410.24 feet, a central angle of 17°36'00", and the chard bears N 74°22'57" W a
distance of 125.52 feet; ,
3, thence 127.40 feat along the arc of a tangent curve to the right having a radius of
361.37 feel, a central angle of 20°12'00", and the chord bears N 55°28'57" W a
distance of 12b.74 feet;
4. thence 119.17 feet along the arc of a tangent curve to the left having a radius of
304.14 fast, o central angle of 22°27'00", and the chord bears N 56°36'27" W o
distance of 1 18.41 feat;
5. thence N b7°49'57" W a distance of 49.76 fit;
b. thence 138.9D feat along the arc of a tangenT curve to the right having a radius of
373.33 feet, a central angle of 21 °19'00", and the chord bears N 57°10'27" W a
distance of 138.10 feat;
7. thence 100.07 feet along the arc of a tangent curve to the left having a radius of
481.93 feet, a central angle of 11 °53'51 ", and the chord boors N 52°27'53° W a
distance of 99.$9 feet To a point on said Buttermilk Walt Road centerline;
thence leaving said Buttermilk West Road centerline N 75°44'31 ° E a distance of 655.05 feet
to a point on said centerline of a private road and uttlity easement; thence alorq said
centerline of a private rood and utility eosament 210.35 feet along the arc of a non tangent
curve to the left having a radius of 295.00 feet, a central angle of 40°51'17", and the chord
bears S 43°30'20" E a distance of 205.92 feat to the point of beginning.' containing 5.0515
acres more ar lass.
ADMINSTRATIVE DETERMINATION OF THE PITKIlV COUNTY, COLORADO, COMMUNITY
DEVELOPMENT DII2ECTOR GRANTING APPROVAL FOR THE TERRAL ACTIVITY ENVELOPE
AND STTE PLAN AND GMQS EXEMPTION FOR A TDR RECEIVER SITE
Administrative Decision No. S"i' 2008
RECITALS
Tim Terral (hereafrer referred to as "Applicant") has applied to the Community Development Director of Pitkin
County, Colorado ("Director") for Activity Envelope and Site Plan Review for an addition to an existing legal
single family residence. The Applicant is requesting use of one TDR for the addition.
1. The Applicant submitted an application after July 6, 2006, therefore, the application is being considered
pursuant to the 2006 Land Use Code, as amended.
2. The Lot is located at 178 Aspen Oak Drive and is within the Aspen Urban Growth Boundary (UGB). PID#:
2735-033-00-024 (Legal Description, Attachment A).
3. The Lot is approximately 5 acres, is in the AR-10 zone district, and is non-conforming in size.
4. The pazcel is currently developed with a legal single family residence that received a Certificate of
Occupancy in 1978. No other previous land use approvals apply.
5. The Applicant has indicated the intent to apply one TDR to this Lot for a maximum floor area of 8,250
square feet. Pursuant to Section 6-30-50(b)(1) the Applicant is exempt from Special Review for a TDR
because the Lot is located within the Aspen UGB.
6. The Lot is visible from Owl Creek Road. Staff has conducted a site visit and the proposed additions to the
residence will not obstruct a ridgeline as viewed from this Road. The parcel is not mapped within any big
game ranges. The Applicant has provided a wildfire report for the Lot which states it is encumbered by a
high wildfue hazard. The Applicant has included slopes > 45% to the south and west of the proposed
additions and along the driveway within the proposed envelope. The Applicant has azgued that these slopes
can be considered anomalies pursuant to Section 7-20-20(c)(3). During Staffs site visit it was determined
that these slopes are anomalies as they were created from the cut for construction of the existing residence
and during driveway construction. However the azea to the east of the residence contains slopes > 45% and
is not an anomaly.
The Application was referred to the Aspen Fire Department, Buttermilk Metro District, Environmental
Health and Natural Resources (EH/NR), and the CDOW. Comments were received from all and are
outlined as conditions.
8. Public notice was published in the paper on March 30, 2008. No comments were received within 30
days.
9. The Director finds that the Lot is located within constrained areas however the constraints can be
mitigated.
APPROVED by the Director, subject to the following conditions:
The Applicant shall adhere to all material representations made in the current or prior applications or in
public meetings or heazings and shall consider those representations to be conditions of approval, unless
amended by other conditions.
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DECISION
Janice K. Vos Caudill, Pitkin County, CO
~y _ ?,00 ~
2. 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 review. Structures
represented in the application might not be permitted under building and zoning regulations.
At the time of building permit submittal, the Applicant shall sun•ender the TDR's for additional floor area up
to 8,250 square feet from a base 5,750 square feet.
4. Prior to submission of any future building permit applications, 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. The Site Plan shall
include the following changes:
A. Draw the activity envelope to avoid areas of slopes > 45% east of residence;
No structural development, with the exception of fencing, in excess of 30" 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 external development located within setbacks mandated by County zoning
regulations shall require a variance from the Board of Adjustment. Approval of a landscape envelope
within such setbacks does not assure approval of a variance.
6. The residence shall utilize earth tone colors and non-reflective roofing.
Prior to issuance of a building permit application, the Applicant shall:
A. Complete a fireplace/woodstove registration form with the Community Development
Department, if necessary.
B. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre.
C. If necessary obtain a County access/driveway/turnaround permit acceptable to the Aspen Fire
Protection District and County Engineer.
D. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. All
slopes steeper than 2:1 shall utilize erosion control blankets.
E. Submit a construction management plan for review and approval by the County Engineer
showing the locations of staging, material storage and employee and constmction traffic
parking.
F. Pay the applicable road and employee housing impact fees.
G. Obtain necessary permits from EH/NR for septic construction. If the existing system is
proposed to be used, it must be evaluated by a Registered Professional Engineer (RPE) and a
report of the evaluation submitted to EH/NR for review. Or, if the existing system requires
repair, or a new system is proposed, an OWTS Construction Permit issued by the
Environmental Health & Natural Resources Department is be required, and shall comply with
the County's OWTS Regulation.
H. The Applicant shall provide a copy of the well permit issued by the Colorado Division of Water
Resources, the well driller's report, and a recent pumping report. Under current guidelines, the
well must be capable of producing 100 gallons/person day (assuming 2 persons per bedroom in
a dwelling). There shall be storage or yield capable of a 24-hr supply. If a well is not utilized,
the Applicant shall show proof of inclusion into the Buttermilk Metropolitan District.
8. If retaining walls are used they shall comply with the following standards:
A. Retaining walls may be permitted to support steep slopes but should not exceed four (4) feet in
height from the finished grade, except for (i) a structure's foundation wall, or (ii) as necessary to
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construct a driveway from the street to a garage or parking area, or (iii) as otherwise expressly
allowed by the Land Use Code.
B. A retaining wall should not exceed seven (7) feet in height. Retaining walls greater than four
(4) feet in height shall be supported by appropriate engineering and reviewed and approved by
the County Engineer.
C. Terracing should be limited to two (2) tiers. The width of the terrace between any two four (4)
foot vertical retaining walls shall be at least three (3) feet. Retaining walls higher than four (4)
feet should be separated from any other retaining wall by a minimum of five (5) horizontal feet.
Terraces created between retaining walls shall be permanently landscaped or revegetated with
native vegetation.
D. Retaining walls used to support existing road cuts may exceed (a), (b), and (c) of these
guidelines.
9. Standards Applicable to All Wildfire Hazard Areas: Development is allowed in wildfire hazard areas
subject to conformance with the following development standard.
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):
A. Beyond the 15-foot area up to 65-feet down slope and 40-feet of the building cross slope and up
slope maintain natural and/or irrigated grass at less than 6-inches and thin existing trees and
brush into individual or clusters. Native brush should be thinned and clustered. Limbs within
clusters of oak should be pruned to one half the height of the tree or 10-feet whichever is less.
No brush or shrubs which when mature will be tall enough act as ladder fuel should be provided
or maintained around the oak.
B. Clusters of service berry, oak, bushes or shrubs should be separated from each other and from
those beyond the 65 and 40-foot areas by a distance of 2 %z times the height of the mature
vegetation. The diameter of a cluster should be limited to 2 % times the height of the mature
vegetation. Plant material growing between trees and clusters of bushes or shrubs is grass
maintained at 6-inches or less.
C. Due to the steep slopes and dense vegetation along the driveway, Defensible space shall be
improved in this area.
D. All deadfall up to a one hundred (100) foot perimeter around the structure shall be removed.
E. No flammable mulches shall be placed within two (Z) feet of a residence.
F. The property owner shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
B. Access
A. Access roads and driveways shall be built to County standards; however, these standards may
be increased to mitigate wildfire hazards based on comments provided by the Colorado State
Forest Service, the Sheriffs Department, local fire protection districts and/or a person approved
by the County as an expert in wildfire azea designation and mitigation.
C. Water Supply for Fire Safety
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a) When access to a public or private pressurized water system is not available or if it is necessary
to augment fire protection water systems, private ponds may be used if approved by the
Community Development Department and the local fire district.
b) Any fire department recommendation for 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 Applicant shall have 20,000
gallons of water storage. This requirement can be mitigate with proof of the nearest hydrant
satisfactory to the Aspen Fire District.
c) All new development shall conform to the appropriate building Code(s) with regazd to
sprinklering structures.
D. Roofing Materials, Roofing Vents and Projections At and Below Roof Line. Construction, of roofs and
projections at or below roof line in shall be constructed according to the following specifications:
a) Roofs shall be constructed with a Class A roof assembly as defined in the 2003 International
Building Code (IBC) Section 1505.2 Wood shake/shingle roof coverings are prohibited in all
wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted in wildfire areas unless
they comply with the following:
i. All roof coverings shall be listed for installation as a part of the Class A roof
assembly.
ii. All roof coverings shall have a surface that shall facilitate the natural process of
clearing the roof.
iii. All roof designs shall facilitate the natural process of clearing the roof of debris.
Protrusions above the roof line, such as parapets, shall be prohibited.
iv. Roofs shall be installed as required by the adopted building code and shall have a
minimum slope of 1:48.
v. All roof designs, coverings or equivalent assemblies shall be specifically approved
by the Fire Marshal prior to submittal of a building permit application.
vi. Vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth-
inch (''/4 `) maximum.
E. Building and Construction
a) No portion of the building(s) or addition(s) shall be constructed with unenclosed projections such as
decks. Eves shall be kept to a minimum on the down slope side and on the sides and should not
have ventilation openings unless the design and configuration of the openings aze specifically
approved by Pitkin County. Projections may include, but are not limited to eaves; cornices; soffits;
roofs over open decks, cantilevered floors; bay windows; decks or balconies. Projections may cause
heat traps and should be protected as follows:
b) Any projection including guazdrails shall be constructed with materials approved for one-hour fire-
resistive construction, any material underlain by 5/8" Type X gypboard or approved equal or Type
N Heavy Timber materials per the currently adopted building code. Projections should have no
inside angles of less than seventy-five (75) degrees.
c) An alternative construction for projections will require the use of non-combustible building
materials or materials with a flame spread rating of less than twenty five (<25 tested to ASTM E84)
and listed for exterior use.
d) Areas below projections shall be void of vegetation or other combustible materials. The areas
below these projections shall be protected from accumulation of vegetative materials by placement
of a vegetative barrier covered with rocks or gavel or shall be concrete or stone. There shall be no
storage of combustible materials under projections. The walls under projections shall be
constructed of materials approved for one-hour fire-resistive construction on the exterior side of the
wall. Window openings in walls below projections shall be tempered glass. Doors shall be
noncombustible or one and three-fourths inch (1 '/o") solid wood.
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F. Windows and Foundation:
a) Glazed openings shall be provided with closing, solid, exterior non-flammable shutters or shall
be tempered glass.
b) Siding and exterior wall construction shall have a minimum of one-hour fire-resistive rating
ground level to roof line, 5/8" gypboard underlying combustible materials or cement stucco
with a minimum thickness of/<".
c) Exterior doors shall be noncombustible or one and three-fourths inch (1 '/o') solid wood. If a
hardscape patio and masonry wall has been designed as a buffer, exterior doors having
tempered glass may be used if approved by the fire marshal.
d) Foundations, skirting and crawl-space openings shall be fully enclosed and constructed with
materials approved for one-hour fire-resistive construction on the exterior side of the walls and
shall extend from the top of grade to the underside of the floor decking or walls.
G. Maintenance:
a) Roofs and gutters shall be kept clear of debris.
b) Yards shall be kept clear of all litter, slash and flammable materials and debris.
c) All flammable materials shall be stored on a parallel contour a minimum of fifteen-feet (15')
from any structure.
d) Weeds and grass within the fifteen-foot (15') perimeter and under trees, bushes and brush shall
be maintained at a height of not more than six-inches (6").
H. Miscellaneous:
a) Firewood/woodpiles shall be stacked on a parallel contour a minimum of fifteen-feet (15') from
any structure.
b) Swimming pools shall be accessible to the Fire Department.
c) Fences shall be kept clear of brush and debris.
d) Wood fences shall not connect to structures.
e) Any outbuildings or additional structures shall adhere to the same standards described herein.
f) Each structure shall have a minimum of on one ten-pound (] 0#) Class ABC fire extinguisher.
g) Addresses shall be clearly marked with two-inch (2") noncombustible letters and shall be
visible at the primary point of access from the public or common access road and installed on a
noncombustible post.
0. The Applicant shall comply with the following general conditions regarding wildlife:
A. When existing native vegetation must be altered within the Activity Envelope, the
Applicant may be required to prepare a habitat mitigation plan acceptable to the County.
Such mitigation plan may substitute (in a nearby area on the subject property) vegetation
equal in type and quantity to that being removed to mitigate effects on wildlife species.
Should there be no opportunity on the property for habitat mitigation or restoration, off-site
mitigation benefiting the same species may be required, or financial mitigation may be paid
into a County habitat mitigation fund should such a fund be established in the future.
B. Manipulation of vegetation outside of the Activity Envelope is prohibited.
C. Mesh or woven wire fences are prohibited outside the Activity Envelope except hay
storage.
D. 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.
E. 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
Page 5 of 6
5N_ 2(~0 ~
apart and from the top wire preventing entanglement when mule deer jump over. The
bottom strand should be sixteen (16) inches from the ground.
F. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two
(2) to five (5) per acre whenever possible as nesting and perching habitat.
G. Fruit bearing trees and shmbs shall be prohibited within the Activity Envelope. This does
not include pre-existing native trees and shrubs.
H. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging,
studying, or otherwise managing wildlife.
1. Trash/gazbage shall be kept in an approved beaz resistant container or enclosure. These
containers shall be accessible to and use at all times by contractors on site.
J. Bird feeders, including hummingbird feeders, shall be hung away from any deck or
window, and be at least ten (10) feet from the ground suspended between two (2) trees or
posts. All seed feeders shall include a seed catchment pan to catch discarded seed.
K. Construction dogs aze prohibited on site.
L. Tall trees shall not be planted next to the residence so that beazs can climb to a 2nd floor.
11. Applicable road and employee housing impact fees must be paid at building permit.
12. No development shall occur outside the approved activity envelope with the exception of vegetation
removal necessary to comply with the wildfire mitigation measures described above. No stmctures
shall be permitted outside of the approved building envelope. Applicant shall be required to obtain an
Earthmoving Permit for any work outside the approved envelope.
13. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the
comers of the activity envelope and install construction fencing around the constmction site within the
perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of
Occupancy.
14. All areas disturbed by construction shall be re-vegetated with native shmbs and grasses within one
growing season of the project's completion.
15. 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 June
',,~+-~ , 2011.
16. 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.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times
Weekly on the Z Z day of Sl r nP > 2008.
APPROVED by the Director, this U day of ~Cr-~ , 2008.
Cin y ouben,
Community Development Director
PID# 2735-033-00-024P036-08
Page 6 of 6
Exhibit A
Legal
Lot 4, West Buttermilk Subdivision
PITHIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
LOCATION: 178 Aspen Oak Drive (UGB) PID# 2735-033-00-024
OWNER: Tim Terral ZONE: AR-10
REPRESENTATIVE: Graeme Means EMAIL and PHONE: Graeme~sooris net 925-9150
tterralln~comcast.net. 925-5294
DATE: February 1, 2008 PLANNER: Mike Kraemer, 920.5482
Type of Application: Activity Envelope and Site Plan Review.
Description of Project/Devebpment: The Applicant is requesting approval of an Activity Envelope and Site Plan with vested
rights to conshirct a substantial addition to an existing residence. The Applicant has expressed an interest in applying a TDR to
the site.
Land Use Code Sections to be addressed in letter of request fagoticationl
rSec. 6-30-50: Exemption for Development using TDR's;
a Sec. 2-30-20(g): Activity Envelope Criteria for Approval;
a Sec. 7-10-50: Activity Envelope;
• Sec. 7-20-20: Steep and Potentially Unstable Slopes;
Sec. 7-20-10: Site Preparation and Grading;
Sec. 7-20-30: Water Courses and Drainage;
:vSec. 7-20-130: Landscaping and vegetation Protection.
4Sec. 7-20-60: Wildfire Hazard -Mapped High Wildfire Hazard Area (Applicant shall submit a wildfire report from a County
certified wildfire expert);
aSec. 7-20-70: Wildlife Habitat -Mapped in Mule Deer and Elk overall and summer ranges;
Sec. 7-20-120(d): Standards for Scenic View Protection Areas;
Staffwill refer the appticafion to the following agencies: Aspen Fne District, EH/NR(Carla or Nancy), Buttermilk Metro
District, and CROW.
Review by: Community Development Duector
Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least I S days prior to the
date specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In 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 Developme~ Department (form of notice to be obtained from the Community Development
Department). The names and addresses shall be those on the currem tax records of Pitkin County, as they appear no more
than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from
the date the notice was postmarked to submit commems or objections to the Community Development Department.
FEES: $3,324 (make check payable to "Firkin County Treasurer")
Planning Office flat fee: $2,772 (non-refundable; based on 12 hours of staff time. If staff review time exceeds 14.4
hours, the Applicant will be charged for additional time above 15 hours at a rate of $23 i/hour).
o EH/NR fee: $502
o Public Notice Fee: $50
To apply, submit 5 conies of the following information, unless noted otherwise:
]. Summary letter explaining the request, providing background on prior approvals and permits, and addressing
compliance with the Code sections listed above.
2. 24" by 36" and 11" by 17" Activity Envelope and Site Plan as designated in Section 2.1.1 and 2.1.12 of the Pitkin
County Land Use Application Manual;
oooooi
2~
3. Previous Land Use Approvals (if applicable);
4. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual;
---5. Proof of ownership of subject property;
6. Parcel descriptoq inchrding legal description and vicinity map;
--•-7. Total .fee for review of the application;
-- 8. Signed fee agreement (1 copy);
-'"9. Consent from owner(s) to process application and authorizing the representative (1 copy)
10. List of all adjacent property owners and mineral estate owners (1 copy)
11. Copies of this pre-app form
NOTES:
PLEASESUBMI7'ONEfJNBOUNDANDONESIDEDCOPYOFYOURCOeVfPLETEAPPLlCA770NPLEA.SESI/BM1PTWO~SIDEDCOPIFSOF
ALLRFMAININGCOP~:SOFYOURAPPLfCATION(IFPQSS@LE). THEPARCELIDsSHOULDBEINCLUDEDONALLDOCUHIDV7S
IN C L U D E D I N YO l I R A P P L I CA 7 70 N
- ALLMAPSSH,SLLBEFOLDED.
- This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is
haled on current zoning standards and staffs interpretations based upon representations of the applicant Additional information maybe
required upon a complete review of the application.
ODUUO?
~t
GRAEME MEANS ARCHITECTURE
210 SOUTH GALENA STREET #23
ASPEN, COLORADO, 81611
Mike Kraemer
Community Development Departrnent
Pitkin Courrty, Colorado
12 March, 2008
Michael,
This letter is intended to serve as an application for 1041 approval for Activity Envelope
and Site Plan Review for the Terra) lot at 178 Aspen Oak Drive, Aspen, Colorado as per
the Pre-application Conference Summary dated 1 Feb, 2008; and addressing compliance
with applicable Code sections.
The existing lot contains approximately 5 acres, slopes towards the north, and is
primarily covered with brush oak, serviceberry and grasses. Please see the survey and
slope analysis attached as Exhibit A.
There is an existing wood frame house of 5,097 sq ft located roughly in the center of the
lot with driveway access from the northeast (downhill) property line. See plans of the
existing house attached as Exhibit B. The house was built in 1978. See copy of original
Certificate of Occupancy dated 16 October, 1978 as Exhibit C.
The rebuilding proposal is to remodel the existing house and to build two new additions
to it, one at the east end of the house and one at the west end. The final proposed
structure would comain approx 8,000 sq ft. Please see the proposed site plan and building
plans attached as Exhibit D.
Response to the applicable Land Use Code Sections is as follows
Sec. (r30-50: Exemption for development eying TDR's.
The lot is in the AR-10 Zone District and has an underlying maximum Allowed Floor
Area (w/o GMQS exemption) of 5,750 sq ft. The applicant has purchased a TDR to
increase the Allowed Floor Area to 8,250 sq R The proposed house will be
approximately 8,000 sq ft. Please see proof of the TDR purchase as Exhibit E.
ooU~~3
I
Sec. 2-30-20(p~: Activity Envelope Criteria for Approval
(1) General The proposed development is intended to comply with all
applicable provisions of the Pitkin County Land Use Code and all applicable Land
Use Policies listed in Sec. 1 fi0; and will be reviewed by Pitkin County as such.
There are no prior development approvals in place on this property.
(2)Site Plan, (3) Activity Envelope The Activity Envelope Site Plan is attached
as Exlnbit F. The proposed Activity Envelope is shown dashed. The Activity
envelope has been created to eliminate as much as possible Constrained Areas
identified in the Pre-Application summary. The location of the proposed development
in the center portion of the property ensures that it will minimize impacts to the
surrounding properties.
Sec. 2-30.20(g) (4) through (I8) do not apply to this project
Sec. 7-10-50: Site Plan and Activity Envelope
The Activity Envelope has been designed to minimize constrained areas while
accommodating the proposed development which consists of the house, the septic area
and the driveway. The envelope has been drawn to provide approximately 35 feet of
working space around the proposed building as requested by the contractor.
Approximately 20 feet from the centerline of the driveway has been provided to allow for
increasing the width to 16 feet as required by the Fire Marshall. There will be no
improvements or grading outside this envelope.
Sec. ~-20-20: Steep and Potentially Unstable Slopes
The Activity Envelope does contain small areas of slope identified as in excess of 45
degrees. This was discussed in the Pre-Application Conference and it is the contention of
the applicant that these areas should rightfully be considered anomalies (as per section 7-
20-20 [c] [3], Minor Slope Anomaly) which would allow development. These anomalies
were created when the existing house was constructed in order to accommodate the house,
driveway, and septic system. They are located above the existing house, uphill of the
existing parking area, and along certain portions of the existing driveway. The house and
parking cuts have clearly been excavated for the existing construction.
The proposed house would be built into the existing slopes with no building retaining
conditions exceeding approximately 12 feet [allowed by section 7-20-20 (e) (5) (a) (i)].
The maximum condition occurs at the west corner of the garage. The largest building
retaining at the master bedroom area is approximately six feet.
The Proposal Site Plan (Exhibit D) is conceptual in nature and all grade changes,
retaining situations, and drainage issues will be addressed at Building Permit Application
stage with an Engineered Site Plan prepared by a professional engineer.
The Fire Marshall has stated that it will be a requirement of the Owner to widen the
existing driveway from approx 12 feet to 16 fast in width. This improvement is allowed
000004
as per Sec 20-20 C (4) as the existing driveway was legally created prior to 1993. The
widening will be to the minimum width required by fire concerns and will be engineered
by a licensed engineer.
Existing grades will not be changed more than four feet unless stabilized with retaining
walls as per subsections (5) and (6). Besides house foundation walls [allowed by section
7-20-20 (e) (5) (a) (i)], it is expected that there will be two grade changes over four feet.
One is at the west end of the garage at the parking area which is expected to be
approximately nine feet from original grade. A rock faced concrete retaining wall will be
limited to seven feet maximum in height with the additional two feet of retaining
accommodated by regrading within the activity envelope, such regrading to be less than 4
feet. The top of this wall will slope with the finish grade. The lower end of this wall will
have boulders retaining less than four feet. See Proposed Site Plan (Exhibit D).
The second condition is at the patio at the east end of the house which will have total
retaining of approximately 9 feet tall at maximum condition. This will be accomplished
with natural boulder (approx 2-3 ft diameter) landscaped retaining walls in two lifts.
Height of each wall will be limited to approximately five feet and there will be a
minimum of 5 feet between walls. These walls will comply with all requirements of
section 7-20-20 (e) (5) & (6). These walls and regrading will be designed by a licensed
engineer See Proposed Site Plan (Exhibit D).
Subsections (7), (S), & (9) do not apply to this project.
All disturbed areas will be revegetated as per Subsection (10) and as per Sec. 7-20-130.
There is no feasible alternate building site in this instance considering that the existing
house occupies the best building site on the lot and that demolishing it and developing
another site would have much greater impacts on the site.
There are no areas of the property that have been identified as potentially unstable slopes.
Section ~-20-10 Site Preparation and Grading
All grading, filling, grubbing and removal of vegetation will take place within the activity
envelope and shall be as per the Engineered Site Plan (not apart of this application) and
as per the Wildfire Hazard Mitigation letter by Hoagland & Associates attached as
Exhibit G.
It is believed that there aze no trees greater than 6" (DBH) that will need to be removed.
Thus, no mitigation is expected
The Owner will comply with any requirements placed by the County Engineer and
Community Development Department to protect the natural terrain as per Subsection (d).
~UU~Q~
Section 7-20-30 Water Courses and Drainage
This site does not contain areas that would be considered a river, intermittent stream,
pond, or wetland.
All disturbed areas shall be addressed with mitigation. measures as per the Engineered
Site Plan, and shall comply with Subsection c. This plan will also address drainage and
sedimentation control during construction.
Section 7-20-130 Landscaping and Vegetation Protection
No existing, native vegetation will be removed outside the Activity Envelope. Vegetation
inside the Activity Envelope will only be removed as per the Landscape Plan (not
attached) and as per the Hoagland Wildfire Letter (Exhibit G) and to accommodate the
proposed construction. There are no berms or landscape enclosures proposed, and
visibility clearance issues aze not present.
The existing brush oak and serviceberry thickly cover the site and stand from 12 to 20
feet high. This undisturbed native vegetation outside the Activity Envelope will satisfy
the landscaping screening requirements of subsection (c) for rural azeas.
Section 7-20-60 Wildfire Hazard
The site has been identified by the Community Development Department as being in a
high wildfire hazard area. We have hired Hoagland and Associates to analyze and make
recommendations concerning this. His letter is attached as Exhibit G. The letter confirms
the high hazard level and makes certain recommendations concerning vegetation
management and construction techniques to minimize impacts of wildfire on this site and
building. The owner will comply with all of these requirements in the construction of the
proposed home including all tempered glazing and one hour construction @ all exterior
detailing.
Furthermore, this section of the code places certain requirements on vegetation
managemer in the Defensible Space section The Owner will comply with these
standards.
All requirements of the Fire Marshall will be complied with. The driveway will be
widened to 16 feet as required for unproved access. The house will be sprinklered as per
County requirements for homes over 5,000 square feet. All construction details will
comply with Subsection (4) (c) for high hazard areas. The small parts of the building with
flat roofs will comply with the requirements of (4) (d) including Class A assembly.
~~~Q~6
We believe that the proposed construction complies with Subsection (d) in that there is no
area of the site which has been designated as lower than high hazard, thus eliminating the
option of placing the building in a lower hazard zone. Additionally, the site has been
predetermined by the location of the existing house.
Section 7-20-'10 Wildlife Habitat Areas
The site has been identified by the Community Development Departrnent as being in
Mule Deer and Elk overall summer ranges. However, there are no apparent water sources,
gullies, or vegetation unusual to the general area which would concentrate wildlife on this
particular site. There have been no designations of endangered species, nest/roosting
areas, significant migration corridors, important waterfowl azeas, wetlands, or severe
winter range designations that we are awaze of. General livestock and domestic animals
will be limited to common household pets. Thus, the standazds in Subsections (d), (e), (f)
8c (g) do rwt seem to apply to this site.
The Owner will work to address any specific concerns that County staff might identify
during review as to wildlife concerns.
Section 7-ZQ-120(d) Standards for Scenic View Protection Areas
The site is not visible from the Highway 82 corridor due to the intervening hill located to
the south ofthe airport When considering the roads identified in Subsection (b), we
believe that the only road from which the site is visible is the Owl Creek Road. The
existing house is visible for approximately'/. mile length of this road starting at the top of
the hill above the airport. The distance from the Owl Creek Road to the house site is
approximately .66 miles which makes it appear quite insignificant. It is obvious that
neither the existing house nor the proposed additions will come close to breaking the
ridgeline. Please see the photos and vicinity map as part of the Scenic Attachment,
Exhibit H.
The approximately 20 foot high brush oak prevalent on the site will help to shield the
house from this road view. It is currently somewhat difficult to locate the existing house
from Owl Creek road due to this vegetation. There will be no cutting of this vegetation
outside the Activity Envelope.
The existing house, at maximum condition, measures (by Pitkin Co Code definition @
mid line of roof) 24.5 feet which is 3.5 feet lower than code allows. The west and
northwest elevations (garage 8c entry) of the proposed structure aze the ones visible from
Owl Creek Road. See Exhibit D. The ridge of this addition measures five feet lower than
the existing ridge and will not add to the apparent height of the structure from Owl Creek
Road. The east, master bedroom addition is hidden behind the existing structure and the
roof peak height is 3.5 feet lower than the existing roof peak.
~U~~~7
r
The massing of the proposed construction is broken into three distinct masses. Please see
the building plans as Exhibit D. The exterior materials have not been specifically
identified yet, but the walls will consist of a combination of natural rock and wood
shingle or siding stained in natural tones. The roof will be synthetic shingles which will
be an earth tone and non-reflective. These techniques should serve to minimize the visual
impact of the house from Owl Creek Road.
Utilities are already in place on this site and should not be a scenic issue. A satellite dish
is not a part of this proposal. Berming is not part of this application.
Revegetation of disturbed areas will be addressed in the Landscape Plan (not a part of
this application). The existing driveway is not visible from Owl Creek Road. The
widening of this driveway should not change this condition.
We believe that this letter addresses the issues as identified in the Pre-Application
Summary dated 1 Feb, 2008 and we request that you grant this request for 1041 review. If
any questions arise during this review, please feel free to contact myself at 925 9150 or
Tim Terral at 925 5294.
Sincerely,
Graeme Means
Graeme Means 'tectute
Exhibits Attached
A Survey w/ slope analysis & Vicinity Map by Gamba & Associates
B Existing House Plans
C Original Building Permit & Certificate of Occupancy
D Proposed Site Plan and Building Plans
E Proof of Transferable Development Right
F Activity Envelope Site Plan
G Wildfire Letter by Hoagland & Associates
H Scenic Attachment -Photos from Owl Creek Road
I Proof of Ownership
~~~~~
Page 1 of 1
graeme means
From: 'Tim TenaP <lterral®comcastnet>
To: <graenre~sopris.rnet>
Sent: Tuesday, Marry 11, 2006 8:24 AM
Subject: authority
Pitkin County
Comm~dy Development
130 S. Galena
Aspen, CO
W. Timothy Tertal
PO Box 3595
Aspen, CO
To vrhom it may oot>cern:
This latter is to aulhar¢e Graeme Means to act as my representative in any and all matters concerning the
development of Lot 4 West Buttermilk in Pitlcin County, Colorado.
W. Timothy Terra)
~ ~:~~. .«. ;o
000009
3/11/2008
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter "COUNTY") and (~ r r~ I =ni YE S`~'Y-tom /!~ L L C
(hereinafter "APPLICANT") AGREE AS FOLLOWS:
1. APPLICANT has s bmitted to COUNTY an application for ~ t7 ~~ ~ t ~/f >~ t..J
(,..a~ s+ R ``~" Mi ~ 1, (hereinafter, the "PROJECT").
2. APPLICANT understands and agees that Pitkin County Ordinance No. 32-2002 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 on 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 agee 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 Boazd of County Commissioners to
enable the Planning Commission and/or 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 that 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 $
which is based on _ hours 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 Bounds for suspension of processing.
PTTI{IlV COUNTY
Cindy Hoaben
Community Development Director
~CvV-aI ~VeS~rr~e.cn}~s LL L
("APPLICANT'
Print Name and Title (if applicable)
Date: 3 ~(t w t3
Meiling A/d{dr-ess: ~0 0 >< ~ 59 S
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( l Z-
000010
WHITE KATHRINE SHAFFER MARGARET B BROOK RENEE
PO BOX 12281 306 HIBISCUS 189 ASPEN OAK DR
ASPEN, CO 81612-9267 PALM BEACH, FL 33480 ASPEN, CO 81611
273503200021 273503300012 273503300022
GREGORY JULIAN ARTHUR JR &
MARY MALONEY
845 ASPEN OAK DR
ASPEN, CO 81611-2707
273503300023
BEDELL LINDA D
309K AABC
ASPEN, CO 81611
273503300025
BRUCE ROBERT T & NANCY M
960 W BUTTERMILK RD
ASPEN, CO 81611
273503300033
ASPEN OAK RANCH LLC
PO BOX 12379
ASPEN, CO 81612
273503300034
00001
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RECEPTION#: 545093, 12/20/2007 at
11:44:16 AM,
1 OF 5, R $26.00 Doc Code TDR
Janice K. Vas Caudill, Pitkin County, CO
SPECIAL WARRANTY DEED OF TRANSFERABLE DEVELOPMENT RIGHT
AND
ASSIGNMENT OF HtREVOCABLE CERTIFICATE OF TRANSFERABLE
DEVELOPMENT RIGHT
EAST SOPRIS, LLC ("Grantor"), for TenDollars and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, hereby assigns, transfers and
conveys to Terral Investments, Ltd., a Louisiana Corporation ("Grantee"), one (1)
Transferable Development Right ("TDR'~ and one (1}Irrevoeable Certificate ofTransferable
Developme~ Right ("Certificate', which was issued by Pitkin County on December I ~1 ,
2007, bearing CertificateNo. ~R - 39 - Qom- SuJ , atrue
copy of which is attached hereto and incorporated herein by this reference at Exhibit A.
Grantor Warrants and represents that it has good title to the TDR and the Certificate and will
defend title to the same against anyone claiming under Grantor.
East Sopris~~LLC -~'~'-'
By: Yi4~i- ° ~ ' ''~---
Ron A. Timroth, Manager
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County of Pitkin )
The foregoing instrument was acknowledged before me this ~_ day of December, 2007
by Ron A. Timroth. Manager of East Sopris, LLC.
Witness my hand and official seal.
My commission expires:-~-aolO
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HdUGLAND & ASSOCIATES
CONSULTING ON WII.DFIRE HAZARD MITIGATION,
FIltE PROTECTION AND BUII,DING & FIItE CODES
PHONE (970) 354-1221 /FAX (970) 384-1331 ] 7 GAMBA DRIVE, GLENWOOD SPRINGS, COLORADO 81601
firesafe(a~awsorin s net
February 24, 2008
Tim Terral
0018 Zoom Flume Lane
Aspen, Colorado 81611
Subject: Wildfire Hazard Mitigation for Property located at 178 Aspen Oak Drive,
Pitkin County, Colorado.
Deaz Mr. Terral,
Thanks for meeting me at the site on Tuesday, February 19'~ to orient me to the
site. I remained on site to take some photos and evaluate the wildfire hazard at this site.
I will qualify my observations as those of conditions as they now exist.
The existing house as well as the proposed additions to the house are located in an
area with slopes generally of 15% to 30% with some sustained slopes of approximately
45% mostly to the east of the existing house at a distance of about 30-feet. At the present
time the azea is covered with 2 or 3 feet of snow and deeper is some depressed azeas. The
vegetation in the azea consists of oak trees up to 20-ft in height, service berry to 12 or 15-
ftand sole ou`Ier varieiies of native brush is evident. My experience is that the area also
has native grasses that grow up to 4-ft in height although it is currently not evident in the
snow. There appeazs to be some standing dead growth in the oak and service berry but it
is difficult to determine quantities of deadfall because of the snow. Although there
appears to be areas of separation between the larger groups of trees and brush the
vegetation is mostly continuous with few obvious significant separations. I consider the
Activity Envelope to be in a High Wildfire Hazard Area.
Vegetation Management and Modification Recommended:
1. Around the house and the proposed additions and beyond the furthermost projection
of combustible constmction for a distance of 15-feet the azea should be of primarily
noncombustible hard scape surfaces, low growing perennials, flowerbeds, cut grass
and deciduous, well-trimmed and irrigated plants. Woody vegetation should not be
planted within this area. Firewood or other combustible materials should not be
stored within this area. If the owner would like to have ornamental trees near the
house this may be done if the 15-foot azea and corresponding areas 2 and 3 aze
extended outwazd from the furthest growth expected from the mature trees. In other
words, these trees should have defensible space as the buildings do.
000017
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2. Beyond the 15-foot area up to 65-feet down slope and 40-feet of the building cross
slope and up slope maintain natural and/or irrigated grass at less than 6-inches and
thin existing trees and brush into individual or clusters. Native brush should be
thinned and clustered. Limbs within clusters of oak should be pruned to one half the
height of the tree or 10-feet whichever is less. No brush or shrubs which when
mature will be tall enough act as ladder fuel should be provided or maintained azound
the oak. Clusters of service berry, oak, bushes or shrubs should be separated from
each other and from those beyond the 65 and 40-foot areas by a distance of 2 'h times
the height of the mature vegetation. The diameter of a cluster should be limited to 2
'/2 times the height of the mature vegetation. As an example: If the expected mature
height of the vegetation is 10 feet then the diameter of the cluster should be no greater
than 25 feet and the distance between clusters should be greater than 25 feet. Ideally
the plant material growing between trees and clusters of bushes or shrubs is grass
maintained at 6-inches or less. Because of the length and the path of the long
driveway through vegetation, at places on slopes above 30 or 45%, I recommend that
defensible space also be improved in these azeas.
Thin and remove lower branches of brush or shrubs within clusters or individual
plants to eliminate ladder fuel. Most of the shrubs that will be cut are vigorous
sprouting plants and the cut ends should be treated with a product named Garlon® or
an equivalent by a by person licensed to apply herbicides. Cut materials should be
either removed or chipped and spread.
3. Remove or chip all standing dead and deadfall within 100-feet of the house and
proposed additions.
New Construction:
I recommend that the design, materials and construction of buildings conform to the
design features and materials required by Pitkin County for safe construction in a severe
wildfire hazard azea as restated below:
Pitkin Coumy has Structural Design and Construction Requirements, the following aze
paraphrased from Pitkin County Land Use Code, Chapter 7, Section 7-20-60 Wrldf:re
Hazards and may not contain exact language but it is intended to be consistent with the
intent and purpose of the Pitkin County Requirements.
Projections: Note, the existing house has some projections that I understand will be
removed, however there are projections that may be intended to remain and I recommend
that these be addressed as stated herein in order to provide better protection from
wildfire.
I recommend that no portion of the building(s) or addition(s) be constructed with
unenclosed projections such as decks. Eves should be kept to a minimum on the down
slope side and on the sides and should not have ventilation openings unless the design
and configuration of the openings are specifically approved by Pitkin County.
ooouis
Projections may include, but are not limited to eaves; cornices; soffits; roofs over open
decks, cantilevered floors; bay windows; decks or balconies. Projections may cause heat
traps and should be protected as follows:
1. Any projection including guazdrails should be constructed with materials approved
for one-hour fire-resistive construction, any material underlain by 5/8" Type X
gypboard or approved equal or Type IV Heavy Timber materials per the currently
adopted building code. Projections should have no inside angles of less than
seventy-five (75) degrees.
2. An alternative construction for projections would require the use ofnon-combustible
building materials or materials with a flame spread rating of less than twenty five
(<25 tested to ASTM E84) and listed for exterior use. Areas below projections should
be void of vegetation or other combustible materials. The azeas below these
projections shall be protected from accumulation of vegetative materials by
placement of a vegetative barrier covered with rocks or gravel or shall be concrete or
stone. There shall be no storage of combustible materials under projections. The
walls under projections shall be constructed of materials approved for one-hour fire-
resistive construction on the exterior side of the wall. Window openings in walls
below projections shall be tempered glass. Doors shall be noncombustible or one and
three-fourths inch (1 '/.") solid wood.
Windows and Glass:
Glazed openings shall be provided with closing, solid, exterior non-flammable
shutters or shall be tempered glass.
Exterior Walls and Siding:
Siding and exterior wall construction shall have a minimum of one-hour fire-resistive
rating ground level to roof line, 5/8" gypboazd underlying combustible materials or
cement stucco with a minimum thickness of/.". Exterior doors shall be
noncombustible or one and three-fourths inch (1 '/.") solid wood. If a hazdscape patio
and masonry wall has been designed as a buffer, exterior doors having tempered glass
may be used if approved by the fire marshal.
Foundation:
Foundations, skirting and crawl-space openings shall be fully enclosed and
constructed with materials approved for one-hour fire-resistive construction on the
exterior side of the walls and shall extend from the top of grade to the underside of
the floor decking or walls.
000019
Roofs:
Roofs shall be constructed with a Class A roof assembly as defined in the 2003
International Building Code (IBC) Section 1505.2 Wood shake/shingle roof coverings
are prohibited in all wildfire hazard azeas. Roofs with less than a 3:12 pitch aze not
permitted in wildfire azeas unless they comply with the following:
1. All roof coverings shall be listed for installation as a part of the Class A roof
assembly.
2. All roof coverings shall have a surface that shall facilitate the natural process of
clearing the roof.
3. All roof designs shall facilitate the natural process of clearing the roof of debris.
Protrusions above the roof line, such as parapets, shall be prohibited. .
4. Roofs shall be installed as required by the adopted building code and shall have a -
minimum slope of 1:48.
5. All roof designs, coverings or equivalent assemblies shall be specifically approved by
the Fire Marshal prior to submittal of a building permit application.
6. Vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth-
inch ('/, ") maximum.
Maintenance:
1. Roofs and gutters shall be kept cleaz of debris.
2. Yazds shall be kept clear of all litter, slash and flammable materials and debris.
3. All flammable materials shall be stored on a parallel contour a minimum of
fifteen-feet (15') from any structure.
4. Weeds and grass within the fifteen-foot (15') perimeter and under trees, bushes
and brush shall be maintained at a height of not more than six-inches (6").
Miscellaneous:
1. Firewood/woodpiles shall be stacked on a pazallel contour a minimum of fifteen-
feet (15') from any structure.
2. Swimming pools shall be accessible to the Fire Department.
3. Fences shall be kept clear of brush and debris.
4. Wood fences shall not connect to structures.
5. Any outbuildings or additional structures shall adhere to the same standazds
described herein.
6. Each structure shall have a minimum of on one ten-pound (10#) Class ABC fire
extinguisher.
7. Addresses shall be clearly mazked with two-inch (2") noncombustible letters and
shall be visible at the primary point of access from the public or common access
road and installed on a noncombustible post.
I also recommend a publication titled "Firewise Construction Design and Materials"
available from the Colorado State Forest Service.
~D~~iO
If you have comments, questions or require additional information please contact me.
Sincerely,
Art Hougland
NOTICE: This Wildfire Hazard Mitigation Analysis along with observations and
recommendations is intended to be an aid to the owner, architect and vegetation
management and/or landscape design and implementation professionals in the
development of defensible space and of fire wise construction documents. The review of
the existing wildfire hazard potential on this property and the observations and
recommendations for the mitigation of these hazards does not constitute an acceptance of
any responsibility by Hougland & Associates for errors, omissions or discrepancies. The
behavior of wildfire is acknowledged to be capricious in nature. Hougland & Associates
does not proclaim that circumstances, including improper maintenance, may not arise that
would permit wildfire to overwhelm the mitigation measures recommended or
implemented. Observations and recommendations are intended to be collaborative with
wildfire hazard mitigation guidelines of the Colorado State Forest Service and of other
nationally recognized standards and are intended to be constructive and in support of the
owners interest.
oooo~~
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~'IHIS(A SI ~SfIOIi ~I.L HOfHM W02Id Qb'02I
~I~~2I0 7A'l0 30 NOI.LO~S JI~I01 ~'II W % X02Idd~1
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PHOTO A
Photo taken from Owl Creek Road with telephoto lens. House is approx .66 miles
from road.
oooo~~
PHOTO B
Photo taken from Owl Creek Road with telephoto lens. House is approx .66 miles
from road.
~~~~~~.~
ww: sa1011, 09/o]/goal at 12:50:06 PH, 1 of C
OF~~$3<0.00 Janice X. Voa Caudill, Pitkin County, CO
Dr>cumantary Fee S 340.00
WARRANTY DEED
THIS DEED, made September 7, 2007,
Between PAUL R. SMITH and DOROTHY J. SMITH
of the County of PITKIN, Stale of CO, GRANTOR,
R $21.00
~A"lti;l~1'1' 1
AND TERRAL INVESTMENTS LTD. LLC,A LOUtSWNA LIMITED LIABILITY CO,
GRANTEE
whose bpal address b : P. O. BOX 3595, ASPEN, CO, 87612
of the County of PITKIN, Sfak of CO
WITNESSETH, That fa and fn mrteiderotbn d me sum or ten dclbrs and Omer good and wluabb
con®iderotlon, me rece'ryt and aufriclenty of which a hereby acknowledged, tlro gronmr has granted,
hatgained, cold antl conveyed, and M mesa preserds dose grant, Oerpaln, seA and convey and mn8nn
unm me grontae, pa helm and asaignc mrewr, aA me roal Property tagstlrer vdm improvement, p airy,
epuale and ynq and bekrg in the Coumy o! PITKIN, Stale of COLORA00, described as fellows:
See Attached Exhilat'A'
TOGETHER wim aA and slnqutr the hereditament and appurtenances thereto bebngkg, ar in anywise
appertaining, and the mvenlon antl reversionc, remainders, rants, teues antl proflta msreM, and all the
estate, right, tpk. 4rmrost, ob'sn and demantl whatsoever of the grantor epher in bw a equity, of, in antl m
the show bargained premises, with me hereditament and appurtenanma. TO HAVE AND TO HOLD the
saki pmmees above bargained and tleuribed, wim me appurtenances, umo dre grantee, its haws and
aesigm forever. Ard me Ororaar, for memseNes, thek heirs and assigns, does covenam, flmnf, bargain,
and agree m and wlm me Grantee; Nc hales and acaigns, that at me tlme of tlra ensealing end delivery of
mesa prosent, may am well eebe0 of me premises above comeyed, has good, sure, parka, ab801um
end indahecibb setts of Inheritance, k tw, in fee simple, and has gootl righ4 roll power antl IavAul
aumoriry m grant, bargain, sap and convey me vme in manner and form as ~ahxssap, antl that ma name
am tree end dear Tram aA former and timer proof, bargains, ubs, liens, taxes, aeeeaunent,
encumbrances and mctriepona or whatever kind a natum soever, except spas madam ac set mrth on
Fxhibk "B" s8xhetl harem and Incorporated heroin by mkronce. The grantor shat and vnA WARRANT
AND FOREVER OFFEND the show barpeined pmmuec in the quiet and peawads possession of the
grantee, As helm end aasipns, apalnst aM and every person or persons bvRulty daiminq me whole a any
~~ ~r~s ~ ~ rger dacha ehe0lntlutle me plural, me plural the singular, antl tlm use of gender
IN WITNESS WHEREOF the gmnmr has executetl This deed.
Ralum m
Relum to:
W. TIMOTHY TERRAL
P. O. BOX 9595
A9PEN, CO 81872
SIGNATURES ON PAGE 2
000025
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_._ __ __
SCHEDULE A-OWNER'S POLICY
CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER
PCT21228L3 September 7, 2007 @ 12:51 PM $3,400,000.00 A75-2122042
1. NAME OF INSURED:
TERRAL INVESTMENTS LTD. LLC, A LOUISIANA LIMITED LIABILITY CO.
2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:
TERRAL INVESTMENTS LTD. LLC, A LOUISIANA LIMITED LIABILITY CO.
4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF
COLORADO AND IS DESCRIBED AS FOLLOWS:
A parcel of land situated in the N1/2 of the SW1/4 of Section 3, Township 10 South, Range 85 West of the
6th P.M., mare fully described as follows:
Beginning at a point on the centerline of a private road and utility easement as set forth in instrument
recorded in Book 263 at Page 28, whence the South 1/4 corner of said Section 3 bears South 13°02'56"
East, 2381.93 feet;
thence South 14°41'57" West, 383.97 feet to a point on the centerline of the Buttermilk West Road as set
forth in instrument recorded in Book 246 at Page 842;
thence following said centerline 118.65 feet along the arc of a curve to the left having a radius of 358.75
feet, the chord of which curve bears North 73°47'30" West, 118.11 feet;
thence following said centerline 126.02 feet along the arc of a curve to the right having a radius of 410.24
feet;
thence following said centerline 127.40 feet along the arc of a curve to the right having a radius of 361.37
feet;
thence following said centerline 119.17 feet along the arc of a curve to the left having a radius of 304.14
feet;
thence following said centerline North 67°55'00" West 49.76 feet;
thence following said centerline 138.90 feet along the arc of a curve to the right having a radius of 373.33
feet;
thence following said centerline 100.07 feet along the arc of a curve to the left having a radius of 481.93
feet;
thence North 75°39'28" East 655.05 feet to a point on the centerline of said private road and utility
easement;
thence following said centerline 210.35 feet along the arc of a curve to the left having a radius of 295.00
feet, the chord of which curve bears
South 43°35'23" East 205.92 feet, to the Point of Beginning.
Countersigned:
Authorized officer or agent
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(970) 925-1766/(970)-925-6527 FAX
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET
000026
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PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on June 1Q 2008, the Pitkin
County Community Development Director granted approval for the Approving the Terral
Activity Envelope and Site Plan Review (Case P036-08; Deter. #54-2008). The property is
located at 0178 Aspen Oak Drive and is legally described as a parcel of land situated in
the N '/z of the S W '/< of Section 3, Township 10 South, Range 85 West of the 6`h P. M.
The State Parcel Identification Number for the property is 2735-033-00-024. This site-
specific development plan grants a vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes.
S/Cindy Houben
Community Development Director
Pitkin County, Colorado
Published in the Aspen Times Weeklv, on June 22, 2008.
PUBLIC NOTICE
RE: Terral Activity Envelope and Site Plan Review (Case P036-08)
NOTICE IS HEREBY GIVEN that an application has been submitted by Tim Terral
(PO Box 3595, Aspen, CO 81612) is requesting approval of an Activity Envelope and
Site Plan with vested rights to construct a substantial addition to an existing residence.
The property is located at 0178 Aspen Oak Drive and is legally described as a parcel of
land situated in the N % of the S W '/n of Section 3, Township 10 South, Range 85 West of
the 6`h P. M. The State Pazcel Identification Number for the property is 2735-033-00-
024. The application is available for public inspection in the Pitkin County Community
Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further
information, contact Mike Kraemer at (970) 920-5482.
Published in the Aspen Times Weekly on March 30, 2008.
Attention Adiacent Proaerty Owners
A property owner receiving this public notice shall provide comments or objections to the
Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611,
By May 2, 2008. If any objections to the development application are received the
Community Development Department shall continue the application to a public hearing
before the Hearing Officer.
PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
Mazch 17, 2008
Graeme Means
210 South Galena Street, Suite 23
Aspen, CO 81611
Graeme@sopris.net
Re: Terral Activity Envelope and Site Plan Review
(PID#2735-033-00-024; Case# P036-08)
Dear Mr. Means:
The Planning Office has completed its preliminary review of the captioned application. We have detemuned
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application maybe requested in order to adequately review and process the
application. The planner in chazge of the review will request the informafion from you directly.
Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property
owners with the return address of the Community Development Department (copy of notice will be
mailed to you by the Community Development Department) by March 30, 2008. The names and
addresses shall be those on the current tax records of Pitkin County as they appeazed no more than 60
days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a
photograph of the posted sign as proof of compliance with the Code. A property owner receiving the
public notice shall provide comments or objections to the Community Development by (30 days out) 2"a
day of May, 2008. If any objections to the development application aze received by this date, the
Community Development Department shall continue the application to a public hearing before the Boazd
of County Commissioners.
2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the neazest
public way) on the 14th day of April, 2008, which is at least fifteen (15) days prior to the (30 day out)
May 2, 2008. This must be submitted prior to any approvals being granted.
If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit Code Section 2-20-100
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Aspen Fire District
Environmental Health & Natural Resources
Buttermilk Metro District
Colorado Division of Wildlife
FROM: Mike Kraemer, Community Development Department
Re: Terral Activity Envelope and Site Plan Review
(PID 2735-033-00-024; Case P036-08)
DATE: March 17, 2008
Attached for your review and comments are materials for an application submitted by
Tim Terral. The Pitkin County Community Development Director will review the
application.
Please return your comments to me by Friday, May 2, 2008.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY
DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
Ta Mike Kraemer, Community Devebpment Department
Frone Ed Van Walraven, Fire Marshal
CC:
Datore May 1, 2008
Rx Temal Activity Envebpe PID #2735-033-00-024; Case P036-08
Mike,
This project shall meet all of the codes and requirements of the Aspen Fire Protection District
Thia inGudes 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), Water supply, a minimum of 20,000 gallons
(IFC Section 508), and detailed wildfire mitigation plans for both landscaping and structural
standpoints shall be submitted.
It is noted that these issues, with the exception of water supply, have been addressed in
Section 7-200.
Confirmation of the nearest fire hydrant shall be provided to mitigate the 20,000 gallon water
supply.
Please have the applicant contact the Fire Marshal's Office for specificetions on the above
requirements.
Thank you,
Ed
Buttermilk Metropolitan District
I33 Prospector Road, Suite 42I0
Aspen, Colorado 8I6I1
Joyce Amico, Presiden[ Vince Santucci, Vice Presidem Charles Malkemus,'I'reasurer
Tom Sando, Secretary Jeff Yusem, Director Gary Beach, Manager
Mike Kraemer
Pitkin County Community Development
130 South Galena Street
Aspen, Colorado 81611
Deaz Mike:
Apri14, 2008
Re: Water Service to Terra) Property - 178 Aspen Oak Drive
This letter will confirm that the Terra) Property at 178 Aspen Oak Drive lies wholly within the
corporate Boundaries of the Buttermilk Metropolitan District. The Buttermilk Metro District
provides potable water service to properties within the District through a Colorado State
approved public water system. The system identification number is PWSID # CO 0149160 and a
ground water source has been adjudicated Under Case Nos. OOCW305 and O1CW28 in Water
Court Division 5, and the water supply meets or exceeds all federal and state water quality
standazds and a fully operational pumping, treatment and distribution system is in place to deliver
water to all properties eligible for service from the District.
The Terra) Property is eligible for water service from the District but prior to actual water
deliveries, Mr. Ten•al must; 1) complete a water service application, quantifying the service level
requested; 2) tender payment of all appropriate fees and chazges, including tap fees (if required),
facility fees, water right fees, and construction inspection fees; 3) install a Metro District
approved water service line and electronic water meter (a 1"meter is provided by the District).
The Terra) Property is also eligible to access these roads, and use of the roads during construction
by heavy vehicles is permitted following the payment of a Heavy Vehicle Use Fee. This fee is
calculated by, and paid to, the Metro District for the accelerated weaz caused by heavy trucks and
equipment commonly used to build lazger homes. All proposed cuts to any district road and
access points must be pre-approved by the District.
Finally, the District does not have any objections at this time to the proposed renovation and
enlazgement of the existing home from 5,097 squaze feet to 8,000 squaze feet.
Sincerely,
By
ch
District Manager 0275 terra) eligibility.wpd
Tel. 97U-925-3475 Fax. 9711-925-4754
STATE OF COLORADO
Bill Ritter, Jr., Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
Thomas E. Remington, Director
6060 Broadway
Denver, Colorado 60216
Telephone: (303)297-1192
wild) ife. state. co. us
April 5, 2008
Pitkin County Community Development
130 S. Galena
Aspen, CO 81611
RE: Terra) Activity Envelope
Dear Mike:
For 1lrldlife-
ForPeople
The Tercal pazcel does not lie within any mapped wildlife habitat area other than black beaz fall concentration and
human-conflict azea. There is an elk production area west of the pazcel, further up the ridge where the aspen
habitat begins. There is also some limited elk winter range just to the east of the parcel. The site does contain
vegetation which could concentrate wildlife on the pazcel, contrary to what is stated in the application. The pazcel
is covered with mountain shrubs, mainly oakbrush and servicebercy, which are two main staples for black bear.
Black beaz-human conflicts have occurred throughout this azea and the homeowner will need to take the necessazy
precautions.
Expansion of the existing home should not have significant negative impacts to wildlife. The following
recommendations should minimize impacts to wildlife and human-wildlife conflicts:
1. maintain native vegetation outside the activity envelope
2. implement measures outlined under 7-20-70 LUC, especially as it related to black beaz
3. round handled door knobs should be used instead of lever handles in order to minimize a beaz's
ability to gain entry
4. landscape plan was not attached; any trees should be planted faz enough away from the home so they
do not provide access by black bears to upper level decks or windows
5. contractors are required by coed to provide a bear proof container for all edible and food related trash.
Compliance has bee poor at construction sites which has led to increased food conditioning and
habituation of black bear leading to increased human-beaz conflicts
6. 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.
Sincere) ,
erry ill
Area Wildlife Manager
Cc: R. Velazde, K. Wright, file
DEPARTMENT OF NATURAL RESOURCES, Finis D. Sherman, Exeartive Director
WILDLIFE COMMISSION. Tom Burke. Chair • Claire O'N~I. Vice Chair • Robert Brav. Seaetarv
PITKIN C~NTY COMMUNITY DEVELO~ENT
Permit Receipt
RECEIPT NUMBER 00025591
Name: Terral Investments Ltd
Project Address: 178 ASPEN OAK DR
Type: check # 1029
Permit Number Fee Description
0036.2008.PLAN PP- Flat Fee
0036.2008.PLAN PP- Public Notice Fee
0036.2008.PLAN PP- EH&NR Referral Fee
Total:
Date:3/11 /2008
Amount
2,772.00
50.00
502.00
3,324.00