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HomeMy WebLinkAboutpitkin.planning.290920301002DOCUMENT 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Site Plan Miscellaneous Plat copies (11x1') Parcel ID: 2909- 20 -3 -01 -002 Description: Ashcroft LLC Activity Envelope WITHDRAWN 1/27/12 Date: 4/7/08 Case NO: NuSS -ul Planner: Suzanne Wolff # Copies: 3 Allocated Hours: 10 % Over Hours: 12 Project Address: 9888 CASTLE CREEK RD, ASPEN, CO 81611 Property Owner: CRYSTAL LLC Address: 315 E HYMAN AVE ASPEN, CO 81611 Owner's REP: GLENN HORN Address: 215 S MONARCH ST, 104 ASPEN, CO 81611 REP's Email: Owner Phone: REP's Phone: (970) 925 -6587 Referrals: ALL OTHER REFERRALS Other Referrals: Maroon /Castle Creek Caucus EH & NR REFERRAL Comments Due Date: Meetings: 1st Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: Meeting Notes: 2nd Meeting: Approvals: BOCC Resolution #: P &Z Determination #: BOCC Ordinance #. HO Determination #: Admin Determination #' Other Information: VR Approval Date: Plat Recorded Date VR Expires Date Plat (Bk, PG) Remarks, Application Type: Activity Envelope 3rd Meeting: Suzanne Wolff From: Glenn Horn <ghorn @rof.net> Sent: Thursday, December 27, 2012 11:09 AM To: Suzanne Wolff Subject: Ashcroft LLC Suzanne: The Ashcroft LLC land use application is officially withdrawn. Glenn Davis Horn Incorporated Glenn Horn AICP 970- 925 -6587 From: Suzanne Wolff [ mailto: Suzanne.Wolff@co.pitkin.co.us] Sent: Thursday, December 27, 2012 10:59 AM To: Glenn Horn Subject: RE: Ashcroft LLC ? I know tennis court — not sure what else. From: Glenn Horn [mailto:ghornCalrof.net] Sent: Thursday, December 27, 2012 10:50 AM To: Suzanne Wolff Subject: Ashcroft LLC ? Suzanne: What was requested in the application? Is this the one with the alteration to the driveway? Glenn Davis Horn Incorporated Glenn Horn AICP 970 - 925 -6587 From: Suzanne Wolff [ mailto: Suzanne.WolffColco.oitkin.co.us] Sent: Thursday, December 27, 2012 10:47 AM To: Glenn Horn Subject: Ashcroft LLC Hi Glenn. Checking up on stalled applications. Last note I have on this was that you were checking with the neighbor about something. This dates back to 200811 Email secured by Check Point Email secured by Check Point I J Davi n- s Hor PLANNING & REAL ESTATE CONSULTING April 7, 2008 Suzanne Wolff AICP Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Ashcroft LLC Hideaway — Activity Envelope (9888 Castle Creek Road, Parcel ID # 2909 - 203 -01 -002) Dear Suzanne: Ashcroft LLC (applicant) is the owner of the single family dwelling unit located at 9888 Castle Creek Road (PID # 2909 - 203 -01 -002). The applicant is represented by Davis Horn Incorporated in this land use application. Refer to Attachment 1, a Vicinity Map, which depicts the location of the subject property. The application is divided in the following sections: 1. Background; 2. Existing Conditions; 3. Project Description; 4. Land Use Approvals; and 5. Summary. BACKGROUND The property is improved with a single family dwelling unit which was built in 1986. On August 21, 1996, Cindy Houben, Director of the Pitkin County Community Development Department, approved the WTS Cabin Partners LTD/McEuen Subdivision Exemption Lot Line Adjustment Plat (Plat Book 40 Page 8). The Plat appears as Attachment 2. Prior to the approval of the Lot Line Adjustment, the subject site contained only 2.4 acres. The Adjustment added five acres of land located on the east side of Castle Creek Road to the 2.4 acre site to create a 7.4 acre property. Attachment 3 is a copy of the signed July 25, 1996 Memorandum which approved the Lot Line Adjustment. EXISTING CONDITIONS The site contains approximately 7.4 +/- acres and is located in the AR -10 zone district. Attachment 4 depicts the Existing Conditions on the property and Attachment 5 depicts the Existing Conditions with a Slope Analysis. Attachment 6 is an Enlargement of the 215 SOUTH MONARCH ST. 000001 0 �� ALICEDAVIS AICP I GLENNHORN AICP SUITE 104 • ASPEN, COLORADO 8 161 1 •970/925 -6587 -FAX: 970/925 -5180 admis @rotnet ghorn &&.net proposed Activity Envelope on the south side of the property. This envelope generally encompasses the existing house and driveway. It is bordered to the east by steep slopes which exceed 45 per cent. The top of the bank above Castle Creek is located approximately 150 feet to the east. It appears that the area encompassing the house and driveway was heavily graded to develop the house. There is a retaining wall located on the southwest side of the driveway and a man-made steep slope anomaly on the southeast side of the retaining wall. Attachment 7 is the Ashcroft LLC Hideaway: Enlargement of Activity Envelope — North. This drawing includes a slope analysis and shows the existing driveway on the north end of the property. PROJECT DESCRIPTION The applicant acquired the property in 2007 and lived in the house during the summer of 2007 as wells as portions of this winter. Parking is very limited in the narrow driveway. It is difficult to turn around in the driveway. Guests are forced to park on the side of Castle Creek Road which is undesirable. Sometimes cars have to back out on to Castle Creek Road which is dangerous. There is no area for emergency vehicles to turn around. The applicant is seeking to establish an Activity Envelope around the house to provide for the expansion of the driveway, a parking area and a fire truck turn around area. Attachment 8, Ashcroft LLC Hideaway: Site Plan Enlarged, depicts the proposed driveway improvements and landscape plan to revegetate the area. A man-made slope anomaly will be disturbed to construct the driveway. The fiber optic line which will link the Koch properties in the site vicinity is proposed to be located on the east side of the Castle Creek Road right of way. The line will be placed underneath the proposed driveway and will link to the Elk Mountain Lodge to the south and the American Lake LLC and Crystal LLC parcels to the west of Castle Creek Road. Attachment 7 depicts the Activity Envelope proposed for the north end of the property. This area may be landscaped in the future and may also be used for a new waste water disposal system. This land use application seeks approval of the following development proposals. 1. Widened driveway and emergency vehicle turn around area. 2. Retaining wall along the driveway. 3. Landscape plan for area on east side of Castle Creek Road. 4. Fiber optic line linking subject property to other Koch family parcels in the upper Castle Creek Valley. 2 00000? 5. Activity Envelope around existing house and driveway. 5. Activity Envelope around north edge of property which may be improved with landscaping and a waste water disposal system. LAND USE APPROVALS This section of the land use application demonstrates compliance with the standards identified in the Pitkin County Pre - Application Conference Summary Sheet (see Attachment 9). • Activity Envelope Criteria for Approval (Section 2 -30 -20 g); • Activity Envelope (Section 7- 10 -50) • Site Preparation and Grading (Section 7- 20 -10); • Steep and Potentially Unstable Slopes (Section 7- 20 -20); • Water Courses and Drainage (Section 7- 20 -30); • Wildfire Hazard (Section 7- 20 -60); • Wildlife Habitat (Section 7- 20 -70); and • River and Stream Corridors and Wetlands (Section 7- 20 -80). Activity Envelope and Site Plan Section 7 -10 -50 Site Plan Criteria for Approval Section 2 -30 -20 g Refer to Attachments 6, 7 and 8 which have been prepared in compliance with these sections of the Land Use Code. Steep and Potentially Unstable Slopes Section 7 -20 -20 This section of the application demonstrates compliance with Section 7 -20 -20 of the Code. Standards appear in bold followed by the applicant's responses. 3 000003 Slope Delineation Slopes shall be delineated within the Activity Envelope with two (2) foot contour intervals. Slopes between each two (2) foot contour in each of the following categories shall be designated by a distinct graphic pattern. (1) Slopes that are fifteen (15) percent or greater, but less than thirty (30) percent; (2) Slopes that are thirty (30) percent or greater, but less than forty -five (45) percent; (3) Slopes that are forty -five (45) percent or greater. Attachment 5, Ashcroft LLC — Hideaway: Existing Conditions with Slope Analysis; Attachment 6 and Attachment 7 delineate the slopes on the site. Generally, existing and proposed improvements avoid slopes in excess of 30 percent. The steep slopes form the boundary of the proposed Activity Envelopes with the exception of the proposed driveway improvement. (b) Forty -five (45) Percent or Greater Gradient Development is prohibited on slopes with a slope gradient equal to or exceeding forty -five (45) percent, except: (1) Where: (a) The lot is in a legally platted subdivision, recorded prior to 1972, and (b) There is no alternative building site that avoids areas of slope exceeding forty - five (45) percent, and (c) An engineer or geologist licensed in the State of Colorado demonstrates that the site can be engineered so that there is no hazard posed by the location of development on such slopes, and (d) The proposed development complies with all standards in subsection (c)(1) below applicable to slopes of thirty (30) percent or greater; and (2) As provided in subsections (c)(3) or (c)(4) below. (c) Thirty (30) Percent or Greater Gradient Development is prohibited on slopes with a slope gradient of thirty (30) percent or more, except as follows: (1) NO ALTERNATIVE BUILDING SITE If there is no alternative building site available on the parcel with slopes of less than thirty (30) percent, development (but not roads or driveways) may be approved by the Community Development Department through the Site Plan process subject to the following development standards: (a) An engineer or geologist licensed in the State of Colorado shall be required to demonstrate that the site can be engineered so that there is no hazard posed by the location of development on such slopes. (b) To the extent possible, the development shall be designed so as to: avoid adding water to the site that would cause decreased stability; avoid removing the toe of the slope without adequate mechanical support; avoid increasing the weight load on top of the slope; re- contour disturbed slopes so that they can be re- vegetated; avoid steepening of existing slopes. El (c) Any development approved pursuant to this section shall be conditioned upon compliance with the engineer or geologist's recommended mitigation measures. (d) Following Site Plan review, and prior to the application for a Building Permit, a precise engineer or geologist approved mitigation plan shall be submitted by the applicant that shows the area of disturbed slope, any re- grading required and the exact size and location of all mitigation devices. The mitigation measures must be determined by the Community Development Department to be the least visually and ecologically obtrusive alternatives. (2) PARCELS WITH SOME AREAS OF LESS THAN THIRTY (30) PERCENT SLOPES (a) If a parcel contains areas with less than thirty (30) percent slopes that are accessible by a road or driveway that meets the requirements of this Land Use Code, but such areas (after exclusion of Constrained Areas) are not large enough to develop the floor area permitted by underlying zoning, then areas containing slopes of less than thirty (30) percent must be utilized to develop as much of the floor area as can feasibly be accommodated. Areas containing slopes of thirty (30) percent or greater (but not exceeding forty -five (45) percent) may then be used for development of the remainder of the permitted floor area. The resulting area specified for development should define a contiguous area with slopes of less than thirty (30) percent to the maximum extent practicable. (b) Development on slopes equal to or exceeding thirty (30) percent (but less than or equal to forty -five (45) percent) shall be subject to the development standards in Sec. 7- 20- 20(c)(1)(a) through (d)., and shall minimize disruption of natural terrain as viewed from any of those roads identified in Sec. 7- 20- 120(b). (3) MINOR SLOPE ANOMALY Through the Site Plan process, exceptions for minor changes in slope - development may be permitted on lands that have a slope equal to or in excess of thirty (30) percent when the slope is due to the presence of a minor natural or minor man -made change in the gradient of a continuous slope, provided that an engineer or geologist licensed in the State of Colorado demonstrates that the slope's ground surface is not prone to instability or failure and that the proposed development will not cause greater instability or increase the potential for slope failure. A retaining wall will be constructed on the side of the driveway. The retaining wall design will be submitted for review and approval with the Earthmoving and Access permit application. Refer to Attachment 14, a letter from Dave Powell PE of Timberline Engineering, which addresses the retaining wall. (4) EXISTING ROADS AND DRIVEWAYS Through the Site Plan process, an exception for minor road and driveway improvements may be permitted to existing roads and driveways that traverse previously disturbed slopes equal to or in excess of thirty (30) percent, provided that the applicant demonstrates that all of the following conditions are met: (a) The road or driveway was legally created, as demonstrated by (1) a valid copy of the permit for the road or driveway, or (ii) evidence that the road or driveway was constructed prior to the County's road or driveway permit system in 1993, or (iii) that a permit was not required to construct the road or driveway. (b) The proposed use of the road is an existing legal use (i.e., if residential development Is proposed, it shall be demonstrated that the road already services an existing, legal residential structure). The current use of the road or driveway shall not change between residential, commercial, lodging or industrial use. No road improvements shall be permitted pursuant to this provision to allow the development of any structure where there is no pre - existing, legal structure (e.g., 00!10P5 I* a mining road or jeep road that provides access to a vacant parcel shall not be improved pursuant to this provision to create access to a new residence). (c) The improvements shall be limited to existing roads and driveways that traverse previously disturbed slopes equal to or in excess of thirty (30) percent and comply, or can comply without impacting slopes equal to or in excess of thirty (30) percent, with the minimum requirements In the Pitkin County Road Management and Maintenance Plan for width, grade and curvature. New road and driveway improvements that traverse undisturbed slopes equal to or in excess of thirty (30) percent are prohibited. (d) The improvements shall be minor in scope and shall be the minimum required to ensure the safety of both the general public and safety agency personnel. Improvements that may be permitted pursuant to this provision may include, but not be limited to, pullouts, turnarounds or grading, if the road or driveway otherwise complies with the standards of the Pitkin County Road Management and Maintenance Plan. Improvements that would create further impacts on slopes equal to or in excess of thirty (30) percent in order to bring an existing road or driveway into compliance with the minimum standards of the Pitkin County Road Management and Maintenance Plan are prohibited. (e) An engineer or geologist licensed in the State of Colorado demonstrates that the slope's ground surface is not prone to instability or failure, and that the proposed improvements will not cause greater instability or increase the potential for slope failure. (5) SHORT DRIVEWAY ENCROACHMENTS Through the Building Permit process, an exception for short driveway encroachments may be permitted as follows: (a) This exception may only be utilized where there is no alternative alignment on slopes less than thirty (30) percent and the proposed driveway is free of all of the following hazards: high hazard avalanche zone (red zone) and moderate hazard avalanche zone (blue zone), landslide areas, or rockfall areas. (See Sec. 7- 20 -50). (b) For a maximum of one - hundred (100) linear feet per lot or parcel, the driveway may encroach on slopes between thirty (30) percent and a maximum of forty -five (45) percent gradient. The maximum of one hundred (100) linear feet of permitted encroachment shall be measured along the centerline of the driveway. (c) All development permitted pursuant to this section shall be subject to the development standards of Sec. 7- 20- 20(c)(1)(a) through (d). (d) Less Than Thirty (30) Percent Gradient Development is permitted on slopes with less than a thirty (30) percent gradient. (e) Additional Standards All activity and development on slopes with a gradient of thirty (30) percent or greater shall comply with the following standards. (1) DENSITY SLOPE REDUCTION If more than thirty (30) percent of the total land area of parcel is encumbered with slopes of forty -five (45) percent or greater, the maximum permitted density of development on the parcel shall be reduced pursuant to Sec. 5- 10 -20. (2) LIMITS ON CHANGING NATURAL GRADE The original, natural grade of areas within the Activity Envelope shall not be raised or lowered more than four (4) feet at any point for construction of any structure or improvement, except: 00 WIS (a) The site's original grade may be raised or lowered a maximum of seven (7) feet if retaining walls are used to reduce the steepness of man -made slopes, provided that the retaining walls comply with the requirements set forth in this section. (b) As necessary to construct a driveway from the street to a garage or parking area, grade changes or retaining walls up to seven (7) feet may be allowed. (3) GRADING FOR ACCESSORY BUILDING PADS DISCOURAGED Separate building pads for accessory buildings and structures other than garages, such as tennis courts, swimming pools, outbuildings, and similar facilities, shall be discouraged except where the natural slope is twenty (20) percent or less. (4) LIMITS ON GRADED, EXCAVATED, OR FILLED MAN -MADE SLOPES (a) Where grading, excavation, or filling is necessary, grading, excavation, or filling to create slopes of twenty -five (25) percent or less is strongly encouraged. (b) Graded or filled man -made slopes shall not exceed a slope of fifty (50) percent. (c) Cut man -made surfaces or slopes shall not exceed a slope of fifty (50) percent unless a soils engineering or a geotechnical report is furnished stating that the site has been investigated and that in the opinion of a qualified professional a cut at a steeper slope will be stable and not create a hazard to public or private property. (d) All cut, filled, and graded slopes shall be recontoured to the natural, varied contour of the surrounding terrain. (5) GUIDELINES FOR RETAINING WALLS Use of retaining walls is encouraged to reduce the steepness of man -made slopes and to provide planting pockets conducive to revegetation. (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 (1) a structure's foundation wall, or (ii) as necessary to construct a driveway from the street to a garage or parking area, or (ill) as otherwise expressly allowed by this 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 should 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. (6) STANDARDS FOR RETAINING WALLS (a) Retaining walls shall be faced with stone or earth - colored materials similar to the surrounding natural landscape. (b) All retaining walls shall comply with the adopted building code, except that when any provision of this section conflicts with any provision set forth in the adopted building code, the more restrictive provision shall apply. (7) WATERWAYS PROHIBITED Filling or dredging of water courses, wetlands, gullies, stream beds, or stormwater runoff channels is prohibited, except that bridge construction and culverts are 000007 allowed pursuant to the standards set forth in this Land Use Code and all applicable County engineering criteria. (8) DETENTION /STORMWATER FACILITIES Where detention basins and other storm and erosion control facilities may be required, any negative visual and aesthetic impacts on the natural landscape and topography shall be minimized to the maximum extent practicable. (9) UTILITY CUTS Utility cuts on any slope with a gradient of fifteen (15) percent or greater shall be reviewed through the Site Plan process. (10) REVEGETATION REQUIRED Any slope exposed or created in new development shall be landscaped or revegetated pursuant to the standards and provisions set forth in Sec. 7 -20 -130 as well as the revegetation standards in the Pitkin County Revegetation Guide, the Pitkin County Landscaping Guidelines maintained by the Pitkin County Public Works Department, and the Roadway Landscaping Guidelines Included In the Pitkin County Asset Management Plan, as applicable. In the event those documents contain inconsistent requirements with regard to a particular area of land, the stricter provision shall govern. (fl Exceptions Construction of non - motorized, public trails on land owned or held in easement by a public or non - profit organization shall be reviewed through the Site Plan process, but shall be exempt from the standards for development in Sec. 7 -20 -20 (Steep and Potentially Unstable Slopes) and Sec. 7 -20 -50 (Geologic Hazards) provided that such trails shall be subject to any other applicable regulations of this Land Use Code and the following provisions: (1) No non - motorized, public trail shall be permitted in steep and potentially unstable slope area that would subject occupants or users of the area to hazardous conditions; create or worsen such conditions affecting other developments, activities and lands; subject other persons or the County to dangers or expenses required to mitigate such hazardous conditions, respond to emergencies created by such conditions or rehabilitate the improvements, activities and lands. (2) All non - motorized, public trails in steep and potentially unstable slope area shall be constructed in such a manner as to mitigate the hazard to public health and safety or to property due to steep and potentially unstable slope hazards. Code Adopted July, 2006 by Ord. 014-D -2006 - § 7 -20-20 Amended (part' by Ord. 023 -2007 The applicant shall comply with the preceding standards. There is an existing retaining wall located on the southwest side of the existing driveway. The retaining wall and slopes along the wall exceed 30 and 45 percent, but are a man -made anomaly. The site was heavily graded to develop the existing house. The slopes on either side of the retaining wall are less than 30 percent. The applicant will have a new retaining wall design prepared by an engineer. The south west side of the wall facing the road will be revegetated and landscaped as depicted on Attachment 8, Ashcroft LLC Hideaway: Site Plan. Site Preparation and Grading Section 7 -20 -10 00000 This section of the land use application demonstrates compliance with Section 7 -20 -10 of the Code. Standards appear in bold followed by the applicant's responses. 7- 10 -20: SITE PREPARATION AND GRADING (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. The applicant will comply with this standard. (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 -10(b) and Sec. 7 -20 -130. Grubbing will not take place on the site. Vegetation disturbance will be limited to within the activity envelope. (c) Tree Removal and Mitigation Each tree with six (6) 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)(7). The applicant shall comply with this standard. (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 Areas 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 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. 000009 (4) UTILITY INSTALLATION Locating and installing utilities in a manner minimizing damage to the natural environment and scenic quality. (5) EROSION, SEDIMENTATION, AND STORMWA TER 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. 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 the preceding standards. Water Courses and Drainages Section 7 -20 -30 This section of the application demonstrates compliance with Section 7 -20 -30 of the Code. Standards appear in bold followed by the applicant's responses. 7- 10 -30: WATER COURSES AND DRAINAGE (a) Applicability The water resources standards in this Sec. 7 -20 -30 are applicable to all development. (b) 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). Attachments 4 -8 show that Castle Creek is located to the east of the subject site. The Creek will not be affected by the proposed development activity. (c) Drainage (1) GENERAL Activities and development shall provide for: (a) 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 stormwater runoff; (b) The unimpeded flow of natural water courses and ditches; 10 00,9010 (c) Adequate drainage for all low points; (d) 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; (e) Maintenance of drainage systems; and (f) 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) RUNOFFVOLUMES 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. (d) Groundwater Activities and development shall not result in the introduction of any contaminants to groundwater, or interfere with any recharge area or aquifer. (e) 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. (f) 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. The applicant shall comply with these standards. (g) 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 will continue to comply with these standards. (h) 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. Castle Creek is located more than 100 feet to the east of the east boundary of the property. (1) 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. Changes in water use are not proposed. Wildfire Hazards Section 7 -20 -60 This section of the application demonstrates compliance with the Code Wildfire Hazards standards. The standards appear in bold followed by the applicant's responses. This section establishes the standards for development In wildfire hazard areas. The level of hazard is determined primarily by grade or slope and continuity of fuels. As a general guideline, low hazard is located on slopes of zero to twenty (0 -20) percent with discontinuous fuels; moderate hazard is located on slopes of ten to twenty (10 -20) percent with continuous fuels, or on slopes greater than twenty (20) percent with discontinuous fuels; and severe hazard is located on slopes of greater than twenty (20) percent with continuous fuels. 0) Wildfire Hazards Map Areas of "Severe Wildfire Hazard" and "Low to Medium Wildfire Hazard" are designated on the Pitkin County adopted Wildfire Hazard Area Maps, which are maintained in the Community Development Department. However, the maps are only a general reference, and actual wildfire hazards shall be field verified. In the event field verification identifies areas of wildfire hazard not identified on such maps, the provisions of this Sec. 7 -20 -60 shall apply to such areas. In each case where an applicant's property is located partially or entirely within an area of "Severe Wildfire Hazard" or "Low to Medium Wildfire Hazard," a wildfire expert acceptable to the County shall visit the property to evaluate the level of risk in more detail. The wildfire expert may confirm the levels of risk indicated on the Wildfire Hazard Area Maps, or may recommend that all or a portion(s) of the site be reclassified to a higher or lower level of wildfire risk. In addition, the wildfire expert shall make recommendations regarding any mitigation measures that should be implemented in light 12 of the proposed activity or development, and such recommendations shall be considered by the County in the Site Plan process. (k) Wildfire Hazard Area Delineation and Activity Envelope If requested by the Community Development Department during a pre - application conference, the Site Plan shall delineate all areas of "Severe Wildfire Hazard" and "Low to Medium Wildfire Hazard" within the Activity Envelope and within one hundred (100) feet outside the Activity Envelope. In the case of varying hazard levels within the Activity Envelope, it shall be sufficient to label the entire Activity Envelope with the highest level hazard existing in any part of such area. The Activity Envelope should be designed to avoid areas of "Severe Wildfire Hazard ", and to mitigate wildfire hazards in areas of "Low to Medium Wildfire Hazard" as set forth in this Sec. 7- 20 -60. All wildfire mitigation and creation of defensible space shall occur within the Activity Envelope. The subject site is in a low wildfire hazard area. (1) Standards Applicable to All Wildfire Hazard Areas Development is allowed in wildfire hazard areas subject to conformance with the following development standards, (which may be varied upon recommendation by the wildfire expert), and conformance with the additional standards in subsection (d) as applicable. (1) 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) Brush, debris and non - ornamental vegetation shall be removed within a minimum ten -foot (101) perimeter around all structures. (b) 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). (c) 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. (d) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. (e) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. (f) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. (g) 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. (h) All deadfall up to a one hundred (100) foot perimeter shall be removed. (1) No new conifer trees shall be planted within ten (10) feet of a residence. 13 000013 U1) No flammable mulches shall be placed within two (2) feet of a residence The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. (2) 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 Sheriff's Department, local fire protection districts and /or a person approved by the County as an expert in wildfire area designation and mitigation. Where feasible, looped routes of access /egress to a public road shall be incorporated in the design of a proposed development. Looped routes of access /egress is defined as two (2) or more dedicated access roads to the main artery/highway for widely separated ingress /egress; looped drives with one (1) entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Community Development Department may approve vehicular turnaround areas a maximum of seven hundred fifty (750) feet apart installed between the road intersection and its terminus. Turnaround areas shall be the same standard as cul -de -sac turnaround pads; these may be incorporated into the proposed driveway entries. (b) New dead -end streets shall not be permitted, except for cul -de -sacs and other turnarounds accepted by the applicable local fire district. (c) Cul-de -sac turnaround pads shall have a minimum of a thirty (30) foot drivable surface inside turning radius or a hammerhead or other T -turn area acceptable to the applicable local fire district. (d) New driveways and access roadway shall enter the roadway at a ninety- degree (900) angle for the first twenty-five (25) feet of the driveway. (e) Fuel breaks as recommended by a wildfire expert approved by the County may be incorporated Into the design of access roads or driveways. (3) WATER SUPPLY FOR FIRE SAFETY (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 amount of storage capacity shall be determined by the fire protection district with a minimum of one thousand (1,000) gallon storage capacity per structure. (c) Regardless of size, all structures (including detached garages and horse barns) where humans congregate regularly that are located within areas identified as containing "C -- Severe Hazard: Trees" or "X -- Severe Hazard: Brush" wildfire hazard shall be required to install in -house sprinkler systems that meet the standards of the local fire protection district and the adopted Building Code. (d) All structures greater than five thousand (5,000) square feet in size shall be required to Install in -house sprinkler systems that meet the standards of the local fire protection district and the adopted Building Code. At building permit submittal, the local fire protection district may require smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of proximity to fire protection services. 14 000014 (4) ROOFING MATERIALS, ROOFING VENTS AND PROJECTIONS AT AND BELOW ROOF LINE Unless the wildfire expert has recommended a different method of construction, roofs and projections at or below roof line in Low, Medium and Severe Wildfire Hazard Areas shall be constructed according to the following specifications: (a) Low Hazard Area 1. Roofing Materials a. Class A covering or Class A Assembly as defined by the currently adopted Building Code. b. No wood shakes or shingles. c. All other adopted Building Code compliant methods and materials permitted. (b) Medium Hazard Area 1. Roofing Materials d. Class A covering or Class A Assembly as defined by the currently adopted building code. e. No wood shakes or shingles. 2. Roof Venting f. Soffit venting shall be located in the outer 1 /3rtl portion of the overhang. g. Attic, soffit and other roof venting shall be of non - corrosive metal mesh with maximum 1/4" openings. 3. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: h. Sheath with non - combustible materials, or 1. Combustible materials underlain with 5/8" Type X gypboard or equal, or j. Minimum 4x6 rafters with 2x T&G decking. 4. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. 5. Other Any methods approved for Severe Wildfire Hazard Areas may be used in Medium Wildfire Hazard Areas. (c) Severe Hazard Area All requirements for Medium Wildfire Hazard Areas apply with the following modifications: 1. Roofing Materials: k. Class A covering or Class A Assembly as defined by the currently adopted building code. I. No wood shakes or shingles. 2. Projections at the Roofllne, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: m. One (1) hour rated material or any material underlain by 5/8" Type X gypboard or equal, or n. "Type IV" Heavy Timber materials, per the currently adopted building code. 15 000015 3. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: o. Construction with noncombustible or one (1) hour rated material, or material with flame spread <25 (tested to ASTM E84 and listed for exterior use), or p. Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypboard or equal (decking as "a" above), or q. "Type IV" Heavy Timber materials: joist and beams minimum 6 "x10 ", columns minimum 8 "x8 ", decking minimum 4" in depth, or decking as "a" above; or equivalent log construction, or r. Enclose projection vertically to ground with one hour fire resistive materials. Decking as "a" above. 4. Railings Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials. 5. Exterior of the Structure, Including All Walls s. One (1) hour fire resistive rated materials, or t. 5/8" gypboard underlying combustible materials, or u. Cement stucco, minimum %" thickness. v. All glazing to be tempered glazing; and w. Doors to be metal or wood 1 %" thick minimum. 6. Foundations Foundations, skirting, and crawl space openings shall be fully enclosed and constructed with materials approved for one (1) 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. (d) All Hazard Areas Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Severe Wildfire Hazard Areas unless they comply with the following: 6. All roof coverings shall be constructed of non - combustible materials and installed on a Class A roof assembly. 7. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 8. Protrusions above the rooline, such as parapets, shall be prohibited. 9. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 10. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. (5) MAINTENANCE AND MISCELLANEOUS REQUIREMENTS (a) Roofs and gutters shall be kept clear of debris. (b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one - fourth ('h) inch maximum. (c) Yards shall be kept clear of all litter, slash and flammable debris. (d) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 16 000016, (e) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. (t) Firewood /wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. (g) Swimming pools and ponds shall be accessible by the local fire district. (h) Fences shall be kept clear of brush and debris. (i) Wood fences shall not connect to other structures. Q) Fuel tanks shall be installed underground with an approved container. (k) 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. (1) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. (m) 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 a non - combustible post. (n) Additional recommendations from the Colorado State Forest Service, the Pitkin County Sheriffs Department, the local fire protection district and /or a person certified by the Community Development Department as an expert in designation of wildfire areas and wildfire mitigation may be incorporated into any conditions of approval as necessary to mitigate wildfire hazards. The applicant shall comply with the standards for low wildfire hazard areas. Wildlife Habitat Section 7 -20 -70 The property is not located within a critical wildlife habitat area. The applicant will comply with applicable Section 7 -20 -70 Code standards. River and Stream Corridors and Wetlands Section 7 -20 -80 As noted above, Castle Creek is located at least 100 feet east of the property boundary. There are not any wetlands or riparian areas on the property. Summary This land use application summarizes the proposed improvements to the Ashcroft LLC property. The applicant has demonstrated compliances with the Land Use Code standards identified in the Pre - Application Conference Summary Sheet (see Attachment 9). 17 000017 The following is a list of attachments. 1. Vicinity Map 2. WTS Cabin Partners LTD/McEuen Subdivision Exemption Lot Line Adjustment Plat (Plat Book 40 Page 8) 3. July 25, 1996 Memorandum Approving the Lot Line Adjustment 4. Ashcroft LLC — Hideaway: Existing Conditions 5. Ashcroft LLC — Hideaway: Existing Conditions with Slope Analysis 6. Ashcroft LLC Hideaway: Enlargement with Activity Envelope — South 7. Ashcroft LLC Hideaway: Enlargement of Activity Envelope - North 8. Ashcroft LLC Hideaway: Site Plan 9. Pre - application Conference Summary Sheet 10. Title Policy Demonstrating Ownership 11. Letter Authorizing Submission of Land Use Application 12. Fee Agreement 13. List of Adjacent Property Owners 14. April 6, 2008 Letter from David Powell of Timberline Engineering Please contact me if you have any questions or would like any additional information. Sincerely, DAV S HORN INCORPORATED GLENN HORN AICP 00001-8 18 Q 1 4 v h yV W o s r o s oac r�a" z v d 000019 ••••••••••••• ••••••••••••••••••••••••••••••• 0 n 0 ra J; Y t.. ��r f X A I za y I ill J R v, A R '�' ^A Ut1 T�ZO�V�ZA S �a T^�: )I {�fi29�fa 95 n ��T IT n ,tR �z nNa y�< n rTj`a A cY cy� C w A • z. F� §y y `d z U I � N G ��a �S4 _ n ZZ C ' r M I y A 7 . �� a g g n > �J4a.�anS N r" D� oN Z a • • MEMORANDUM •41_ /, A'/e Y' • s S�hQ�trGS 8 -� /'S TO: Pitkin County Planning &Zoning Commission �C FROM: Francis Krizmanich, Deputy Director rvj �rt_LL. ` • RE: McEuen 1041/ WTS Cabin Partners, Conceptual Submission, Lot Line • Adjustment, and Caretaker Dwelling Unit. q DATE: July 25, 1996 • • • REQUEST: The applicants are seeking the following land use approvals: 1) Conceptual Submission pursuant to Section 3 -80 2) Lot Line Adjustment Subdivision Exemption pursuant to Secti- r: 3- 1903 • 3) Caretaker Dwelling Unit approval pursuant to Section 3- 150.130 • APPLICANT: Alice & Bill McEuen & WTS Cabin Partners APPLICANT'S REPRESENTATIVE: Davis Hom Inc. • SIZE/LOCATION: The site is a 29 acre parcel located in Township 11 South, Range • 84 west of the 6th P.M. ZONING: Both parcels are zoned AFR -10 • ACCESS: The site is accessed from Castle Creek Road • • SITE/PROJECT DESCRIPTION: The site is a legally created 29 acre parcel located • approximately ten miles south of the Castle/Maroon Creek intersection. There are 24 • acres located on the west side of Castle Creek Road while the remaining 5 acres lie on east. The applicants propose to subdivide the 5 acre portion of the site to the east and • combine it with adjacent land owned by WTS Cabin Partners. Bill & Alice McEuen • request 1041 approval for two building envelopes for a single - family dwelling unit, detached caretaker dwelling unit and bam on the remaining 24 acres. A driveway new will be developed to access the proposed primaryresidence while-the existing driveway • on site will be utilized to a=C IE rposed.caretaker dwelling unit and barn. • The site to be developed is mapped for geologic hazards including slopes in excess of 30 • percent and potential snow avalanche. In addition, the site is located near the Castle Creek Fault Zone. A small stream meanders through the site and a number of small • ponds have been created on the property as well. • • 000021 • • REFERRAL AGENCIES: The application has been referred to the following agencies for review and comment, • • L County Attorney • 2. County Engineer 3. Housing Office • 4. Environmental Health Department • 5. Zoning Office • 6. Sheriffs Office • 7. State Forest Service . 8. Colorado Geologic Survey 9. Division of Wildlife • 10. Maroon/Castle Caucus • • The County Attorney and Sheriff have not provided any comments on this application. • The comments of other referral agencies are incorporated throughout this memorandum. • Written comments are attached for reference. • STAFF COMMENTS: • • 1041 REVIEW Geologic- Portions of the site are mapped for potential snow avalanche. Jeffrey Hines of the Colorado Geologic Survey supports the finding by consulting Geologist, Nicholas • Lampiris contained within the application. Dr. Lampiris explains that the site lies on a • terminal moraine, far from gravity related hazards. Water will most likely travel around • the proposed envelopes but proper drainage design is important. Due to the site's •proximity to the Castle Creek Fault Zone, construction must conform with the Uniform • Building Code for Seismic Zone II. The primary residence and caretaker dwelling should be designed to avoid the accumulation of radon gas. • Hydro Triad, Ltd prepared a report addressing the potential snow avalanche hazard on the • site. According to the report, vegetation to the west consists mostly of evergreens. Many • of these trees have a diameter exceeding 12 inches and show no evidence of recent avalanche activity. However, there is an obvious avalanche chute located west of the • property. There are two avalanche paths that could possibly affect the property. One • path crosses the northwest corner of the site and the other at the southwest. It has been • concluded that an avalanche on either path would be contained by the topographical •restraints. Hydro Triad has delineated high avalanche hazard as well as avalanche runout • areas which should be free from development (See attachment). It has been recommended that no facilities be located within 75 feet of the power line along the • western property line as an avalanche could strike the power lines causing them to • collapse. Both proposed envelopes avoid high avalanche and avalanche runout hazard • areas. However, the proposed caretaker dwelling unit envelope is located within 75 feet • • Z 000022 • of the existing powerlines. Staff would recommend that the proposed caretaker dwelling unit building envelope be modified to avoid the 75 foot setback from the powerlines. The site does contain slopes steeper than 30 %. Development should be avoided in these areas. The applicants indicate that a majority of slopes within the proposed building envelopes are less than 15% in grade. It is staff's finding that a majority of slopes within the primary residence envelope exceed 15% with some scattered areas of 30% or greater. The proposed access to this envelope crosses areas of close to 30% as well. The area within the proposed primary envelope, which contains slopes less than 15 %, may be too small for development. If the restricted area is found to be insufficient by the applicants, staff would recommend the primary dwelling unit be located where the caretaker dwelling is proposed. Staff would further recommend that the caretaker dwelling unit be located in the area of the proposed bam. According to the information staff has received, the area of the proposed caretaker dwelling unit and bam appears to be the most appropriate location for development. The applicants may propose another location if it is proven to be less impacted by steep slopes and other hazards. The applicants may request that the review be "tabled" until such information can be gathered. Wildfire- The site is not mapped for wildfire. Vince Urbina of the State Forest Service has determined that the "actual" fire hazard is low. Staff has incorporated wildfire mitigation measures into the recommended conditions of approval at the end of this memo. Wildlife - The area is not mapped for wildlife. The Division of Wildlife does not have any concerns regarding wildlife on the property. Drainage and Erosion- According to private consultant Ron Thompson of Schumueser Gordon Meyer, Inc, groundwater and drainage should not be a concern. In his opinion, a drainage plan can be designed to meet county standards. Due to high groundwater near the caretaker dwelling unit site, a detailed drainage solution may be required. He also suggests that revegetation should be initiated soon after construction is completed. In order for the County Engineer to issue an access permit, a plan and profile of the site and driveways should be submitted to determine slope. Impacts to Roads -. Ron Thompson concluded that the proposed development will add 14 VPD to the current traffic load. This additional load will not cause Castle Creek Road to exceed its maximum traffic capacity. An access to the property currently exists on the property. The applicant proposes to add another access. It is generally against County policy to approve an additional access if one already exists. 000023 is Water and Sewer- They Environmental Health Department needs adequate information regarding the quality and quantity of water on site for both proposed developments. A septic permit cannot be issued until proof that setback requirements from the septic system can be maintained. The proposal should not impact down stream water quality if setback requirements of the system are accomplished. In the opinion of Ron Thompson, permeable soils within the Castle Creek Valley will require an engineered septic system. Site specific data will need to be obtained by the Environmental Health Department to determine what type of system is needed. The Environmental Health Department will design a system for the applicant as part of the permit fee if an engineered system is not required. Air Quality- According to the Environmental Health Department, this project is not expected to contribute significantly to degradation of air quality in Pitkin County. The proposed driveway to the primary residence will require a Fugitive Dust Plan. This plan will need to include daily cleaning of Castle Creek Road to remove mud t-bat has been carried out by construction. The plan must also address any other measures necessary to prevent windblown dust from crossing the property line. The applicants must receive a fireplace /woodstove permit by the Environmental Health Department before a building permit can be issued. In accordance with section 3- 150.130 (B) of the Pitkin County Land Use Code, the caretaker dwelling unit must be less than 700 square feet. The Housing Office requests a copy of the actual floor plans, including net livable square footage, be submitted before building permit approval. The caretaker dwelling unit must contain a minimum of a two burner stove with oven, standard sink, and 6 -cubic foot refrigerator plus freezer. A deed restriction must be recorded at the Housing Office for the caretaker dwelling unit before building permit approval. Joanna Schaffner has not yet received information regarding floor area calculations or compliance with County height regulations. A Lot Line Adjustment is permitted provided the following six criteria are met: 000024 1) The adjustment creates not more than the original number of lots or parcels. Staff Comment: There are two parcels prior to the adjustment and there will be only two parcels after the adjustment. No more lots than are existing will be created. 2) The purpose or effect of the lot line adjustment is not the creation of a new lot or parcel, nor any increase in the floor area ratio for a parcel which gains site, nor creation of a lot or parcel substantially different in size for development or resale purposes. Staff Comment: The proposed adjustment will not affect maximum permitted floor area. The AFR -10 zone district does not have a floor area ratio. 3) In the case of conforming lots and parcels, any resulting lot or parcel shall conform to the minimum requirements for the area or width established by the provisions of the Code. Staff Comment- Currently, the McEuen parcel is conforming and will continue to be conforming after the adjustment. The WTS Partners parcel is non - conforming but would become more conforming after the adjustment. a) In the case of substandard size lots and parcels, the resulting lots or parcels may increase in non conformity as to lot size so long as the other standards of the code continue to be met. Staff Comment - The WTS Cabin Partners parcel is substandard and will continue to be substandard after the adjustment. 5) The applicant shall prepare a subdivision exemption lot line adjustment map in compliance with the standards of 5 -60. 6) A lot line adjustment shall not be used to increase the floor area ratio for a parcel that increases in size due to the adjustment. The floor area will be reduced on a parcel that decreases in size due to the adjustment. Applications to add floor area to a lot or parcel are considered to be major amendments and shall be reviewed pursuant to Section 3- 190.90 of the Code. Staff Comments- Since there is no floor area ratio in the AFR -10 zone district, this standard is not applicable. SUMMARY, Staff has found the proposed envelope for the primary dwelling unit as an inappropriate location for development unless the slopes exceeding 15% are eliminated. If the envelope is modified to exclude slopes greater than 15% or the applicants can identify an area on the property that is less impacted by steep slopes and other hazards, staff would recommend that the primary dwelling unit be located within the proposed caretaker dwelling envelope. This envelope must be modified to be at least 75 feet from the existing powerlines. All development on the property must include low wildfire mitigation measures. aaaa25 • ni Wu I C Jr��� T Jy� r • r�,� ,, -7 ounty Commissioners to approve the l St I°I • RECOMMENDATION: Staff recommends that the Planning �d Zoning Commission • forward a recommendation to the Board of C McEuen Lot Line Adjustment, Caretaker Dwelling Unit, and Conceptual Review, subject to the following conditions: • • 1. The applicants shall adhere to all material representations made in the application i and in the public meeting. 2. Prior to building permit application, the applicants shall record a 24 x 36 inch mvlar 1041 Hazard Review Site Plan and Lot Line Adjustment Plat which meets • the approval of the Planning Office and County Attorney. The following 1041 • Hazard Review Warning and Disclaimer shall be noted on the Plat: • • "The provisions of these regulations do not in any way assure or imply • that areas outside of designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property. " • • 3. The applicants shall obtain an access permit from the County Engineer, prior to • the issuance of a building permit. The applicant shall submit a plan and profile of proposed driveways as well as provide proof of right of way along Castle Creek • Road. • 4. A drainage design plan will be submitted and approved by the County Engineer • prior to building permit approval. • • 5. Outside illumination shall comply with County lighting standards in effect of the • time of building permit issuance. • 6. Wildfire mitigation shall be as follows: • • Location• a• The building envelope shall not be located in draws, canyons or on slopes greater than 30 %. • • Defe�� pace• • • a. The area around the structure shall incorporate landscaping with • wildfire defensible space considerations as follows: • NOTE: Actual vegetation manipulation to meet these conditions • may not be necessary where the natural vegetation patterns have • already fulfilled these conditions. • • • 000026 6 • 1) Brush , debris, and non - ornamental vegetation shall be removed ap thin a minimum 10 foot perimeter around the structure. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around a structure built on flat ground. (For greater slopes ref. CSFS Safety Zone chart. Page 13, Wildfire Guidelines For Rural Homeowners). 3) Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuels. 4) All branches from trees and brush within the 30 foot parameter shall be pruned to a height of 10 feet above the ground and removal of laddea fuels from around trees and brush. 5) Tree crown separation within the 30 foot parameters shall have a minimum of 10 feet between the edges of the crowns. This does not apply to mature stands of Aspen trees where the above recommendation for removal of ladder fuels have been complied with. In areas of aspen regeneration, the spacing guidelines shall be followed. 6) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 7) The density of fuels within a 100 foot perimeter of the structure shall be reduced where natural reduction has not already occurred. 8) All deadfall within the 100 foot perimeter shall be removed. 9) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. a. Roofing: 1) Roof construction shall be Class A, non - combustible (no wood shakes/shingles) material with no flat roofs. b. Vents: 000027 1) Vents shall be screened with corrosive resistant wire mesh with 1/4 inch maximum. 10 a. Roofs and gutters shall be kept clear of debris. b. Yards shall be kept clear of all litter, slash, and flammable debris. C. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. d. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. a. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. b. Swimming pools shall be accessible to Fire Department vehicles. C. Fences shall be kept clear of brush and debris. d. Wood fences shall not connect to the structure. e. Any outbuildings or additional structures shall adhere to the same standards as structures. f. Fuel tanks shall be installed underground with an approved container. g. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above -ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire- resistive construction on the exterior side of the walls. h. At least one ten pound approved ABC class fire extinguisher shall be placed in a visible and accessible location for each structure. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. 000028 8 Systems, private ponds may be used if approved by Pitkin County ar;d the local fire protection district. b. Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicle from the exterior of the structure through a Fire Department approved mechanism (such as a fine hydrant). The amount of storage capacity shall be determined by the fire protection district with a minimum of 1000 gallon storage capacity per structure. C. Residential structures located within areas identified as containing "C - Severe Hazard: Trees" or "X - Severe Hazard: Brush" wildfire hazard shall be required to install in -house sprinkler systems which meet the standards of the local fine protection district and the Uniform Building Code. a. Utility lines shall be buried. a. Additional recommendations from the Colorado State Forest Service, the Pitkin County Sheriffs Department and the local fire Protection district may be incorporated into any conditions of approval as necessary to mitigate wildfire hazards. Prior to building permit issuance, the applicants shall demonstrate an adequate quality and quantity of domestic water to the satisfaction of the Environmental Health Department. 8. All setback requirements shall be meet in accordance with the Pitkin County Individual Sewage Disposal System Regulations. If an engineered system is required, it shall be approved by the Environmental Health Department. The septic system shall not be built on slopes greater than 30 %. 9. The applicants must file a fireplace /woodstove permit with the Environmental Health Department before a building permit will be issued. Coal may not be burned in any device and no woodbuming devices may be installed in barns or agricultural buildings. 10. A Fugitive Dust Plan to prevent windblown dust must be submitted and approved by the Environmental Health Department prior to building permit issuance. 000029 10 I l . The applicants shall preserve the integrity of existing and natural drainage patterns and in ✓ way shall alter the historical rate of runoff on adjacent properties. 12. All development must be built in conformance with the Uniform Building Code's requirements for Seismic Zone II (or as superceded by the Uniform Building Code). The primary and caretaker dwelling unit shall be designed to preclude the accumulation of radon gas. 13. No development shall occur outside of any approved envelope. No habitat or vegetation manipulation shall occur outside of the building envelope without the prior approval of the Community Development Department. Lot Line Adjustment Approved: Cindy Houben, Director Community Development Department Date: 000030 1041 Hazard Review Approved: I I r2, , r r) Lance Clarke, Hearing Officer Community m Develo eat Department Date: ��� - ; F �4 M�w �. llc�i 3 it €` Jill e a irk Flas /rte- i , , ,t o- t�; - a l }o J� M O O O O 1.J, y 0 0 CNJ C'" J O O O O q s 8 y 0 0 CNJ C'" J O O O O N at MC oy zw. w. 0 �P3 V�a owe .0.80 A h 3 5 e a C x y GyyO S� I s / rY /y ♦'Y � `� C / / t Y � Y / �ii s ✓ .pan /,. ,✓ � - � ( �� � :> fL S- / ]y / w al ,Vry' J C 0 • ti••••••••• � ••••i•i••••••••iiiiiiii•iii•i•• 6 h a i O Vl e h 3 5 e a C x y GyyO S� I s / rY /y ♦'Y � `� C / / t Y � Y / �ii s ✓ .pan /,. ,✓ � - � ( �� � :> fL S- / ]y / w al ,Vry' J C 0 • ti••••••••• � ••••i•i••••••••iiiiiiii•iii•i•• 0 CIA F� YS ph I .......... Me m e a m A Ln m CD 0 ME Wla X-A • . •. . . . . all, I 0 - 112 M .......... Me m e a m A Ln m CD 0 ME Wla .q. • . •. . . . . all, I 0 - 112 M .......... Me m e a m A Ln m CD 0 0 0 • 0 PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff PHONE: (970) 920 -5093 LOCATION: 9888 Castle Creek Road ZONE: AR -10 OWNER/APPLICANT: Ashcroft LLC REPRESENTATIVE: Glenn Horn Type of Application: Activity Envelope E-AkJc 9 DATE: 3/5/08 E -MAIL: suzannewaco.oitkin.co.us PARCEL ID #: 290920301002 ACRES: EMAIL: ghorn @rof.net Description of Project/Development: Applicant proposes to establish an activity envelope to encompass the existing house and improvements, and to accommodate extension of fiber optic lines and improvements to the parking area. Land Use Code Sections to address in letter of request/application: ➢ 2- 30- 20(g): Activity Envelope Criteria for Approval ➢ 7- 10 -50: Activity Envelope � ➢ 7- 20 -10: Site Preparation and Grading ➢ 7- 20 -20: Steep and Potentially Unstable Slopes 1 ➢ 7- 20 -30: Water Courses and Drainage ➢ 7- 20 -60: Wildfire Hazard ➢ 7- 20 -70: Wildlife Habitat ➢ 7- 20 -80: River and Stream Corridors and Wetlands Review by: Community Development Director Public Hearing: No. However, 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. 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 Development Department (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 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 comments or objections to the Community Development Department. Staff will refer to: Environmental Health /Natural Resources, Maroon /Castle Creek Caucus FEES: $3,178 (make check payable to " Pitkin County Treasurer ") (based on new fees in effect as of 4/9/08) ➢ $2,495 Planning flat fee (non - refundable; based on 10 hours of staff time; if staff review time exceeds 12 hours, the Applicant will be charged for additional time in excess of 10 hours at a rate of $249 /hour) ➢ $604 Environmental Health /Natural Resources ➢ $54 Public notice ➢ $25 Clerk To apply, submit 3 copies of the following information, unless noted otherwise: 1. Letter of request, addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; 000030 • • • • 2. 24" by 36" Activity Envelope Plan as designated in Section 2.1.1 of the Pitkin County Land Use Application Manual; • 3. Geologic or engineering report • 4. Wildfire hazard analysis and mitigation report 5. Consent from the owner of the property for the representative to process the application and represent the owner (1 copy); • 6. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance • company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and • development of the parcel and proof of the owner's right to use the land for the purposes identified in the • development application. 7. Street address and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating the • subject property within Pitkin County; • 8. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (1 copy (form attached); • 9. This Pre - Application Conference Summary Sheet. • • NOTES: • • ➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF • POSSIBLE). • ➢ 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 staffs interpretations • based upon representations of the applicant. Additional information may be required upon a complete • review of the application. • • • • • • • • • • • • • • • • • • • 000037 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • OWNER'S POLICY OF TITLE INSURANCE 0 Issued by Lawyers Title Insurance Corporation ' POLICY NUMBER LandAmerica Lawyers r/ ue Insurance Corporation isamemberofdie A75- 2122017 Lawyers Title Lood^^eAre'ffi^fli'OfWe insurance ondenwilem SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Nebraska corporation, herein called the Company, insures, as of Date of Policy shown In Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of. 1. Title to the estate or Interest described in Schedule A being vested other than as stated therein; 2. Any defeat in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attomeys' fees and expenses incurred In defense of the title, as Insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CO ?1KIoR ?)ON Attest: W(SEAL By` fS Secretary President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costa, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (IQ the character, dimensions or location of any improvement now or hereafter erected on the land; (III) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a nodes of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. . 2. Rights of eminent domain unless notice of the exercise thereof has been recorded iri the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or Interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or Interest Insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or Interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or Interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (1) to timely record the Instrument of transfer; or (it) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA 10 ALTA Owner's Policy (10/17/92) 000038 Form 1190 -742 ORIGINAL Valid Only If Schedules A and B are Attached CONDITIONS AND STIPULATIONS • DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured': the insured named in Schedule A, and, subject to any rights r defenses the Company would have had against the named insured, those who Occeed to the iraerest of the named Insured by operation of law as distinguished tom purchase including, but not limited to, heirs, distdbutees, devisees, survivors, �rsonal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant': an insured claiming loss or damage. •,(c) 'knowledge" or 'known': actual knowledge, not constructive knowledge police which may be Imputed to an insured by reason of the public records as ,&fined in this policy or any other records which impart constructive notice of W,afters affecting the land. " (d) land': the land described or referred to in Schedule A, and Z� provements affixed thereto which by law constitute real property. The term gland "does not include any property beyond the lines of the area described or an to in Schedule A, nor any right, title, interest, estate or easement in utting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing rein shall modify or limit the extent to which a right of access to and from the d is insured by this polity. (e) "mortgage': mortgage, deed of trust, trust deed, or other security mem. 4k(A "public records': records established under state statutes at Date of [icy or the purpose of Imparting constructive notice of matters relating to real ekparty to purchasera o o r value and without knowledge. With respect Section )(iv) of the Exclusions From Coverage, 'public records' shall also Include konmental protection liens filed In the records of the Clerk of the United States court or the district In which the land is located. (g) "unmarketability of the title': an alleged or apparent matter affecting the o the land, not excluded or excepted from coverage, which would entitle a rchaser of the estate or interest described in Schedule A to be released from obligation to purchase by virtue of a contractual condition requiring the delivery marketable title. • CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE *The coverage of this policy shall continue in force as of Date of Policy in or of an insured only so long as the Insured retains an estate or interest in the d, or holds an Indebtedness secured by a purchase money mortgage given by urchaser from the Insured, or only so long as the insured shall have liability by IF" on of covenants of warranty made by the Insured In any transfer or eyanca of the estate or InteresL This policy shall not continue in force in r of any purchaser from the insured of either p) an estate or Interest in the , or pi) an indebtedness secured by a purchase money mortgage given o the red. 00 NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. �The insured shall notify the Company promptly In writing (p in case of any ation as set forth in Section 4(a) below, (i) In case knowledge shall come to an Wd hereunder of any claim of We or interest which is adverse to the title to the or interest, as insured, and which might cause loss or damage for which the &any may be liable by virtue of this polity, or pip If title to the estate or rear, as insured, is rejected as unmarketable. If prompt notice shall not be n to the Company, than as to the Insured all liability of the Company shall - p-0 r :nalu �?fh +;lord to the matter or matters for which prompt notice is required; w.lSed, however, that failure to noidy.the Company shall in no case prejudice Weof any insured under this policy unless the Company shall be prejudiced W e failure and then only to the extent of the prejudice. DEFENSE AND PROSECUTION �OF ACTIONS; DUTY OF INSURED •CLAIMANT TO COOPERATE: ; '• >' `'' "'N (a) Upon written r eef fly rife Insured and subject to the options WIn in Section 6 of these Condkkins and Stpulatons, the Company, at its oost and wi6out unreeaoriefiie d all ay, shall provde for the defense of an Wred in litigation in which arty third party asserts a claim adverse o the title or est as insured, but only as to those stated causes of action alleging a defect, i or encumbrance or other matter Insured against by this policy. The Company have the right o select counsel of its choice (subject;o the right of the red o object for reasonable cause) o represent the Insured as to those stated >feas of action and shall not be liable for and will not pay the fees of any other �Ftsal. The Company will not pay, ariy fees, costs or expenses Incurred by the Wed In the defense of those caused of action which allege matters not Insured is policy. M1M1(b) The Company shell have the right, at Its own cost, to Institute and 8(b) any action or proceeding or to do any other act which In Its opinion may ecessary or desirable to establish the We to the estate or interest, as Insured, prevent or reduce loss or damage to the Insured. The Company may take g Lappropriate action under the terms of this policy, whether.or not It shall be qw hereunder, and shah not thereby concede liability or waive any provision of n policy. If the Company shall exercise Its rights under this paragraph; h shall diligently. (c) Whenever the Company shall have brought an action or Irderposed a as required or permitted by the provisions of this policy, the Company pursue any litigation o final determination by a court of competent jurisdiction ; 4 •� 1000039 ' • and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (1) In any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (li) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the tide to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and Sworn to by the Insured claimant shall be furnished to the Company within 90 days after the Insured claimant shell ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company Is prejudiced by the failure of the Insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, Inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall gram its permission, in writing, for any authorized representative of the Company o examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it Is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. A OPTIONS TO PAY'OR O7NERMR9E SETTlECLAWS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of Insurance under this policy together with any costs, attomeys' fees and expenses Incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the Insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Paroles Other than the Insured or With the Insured Claimant (I) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses Incurred by the Insured claimant which were authorized by the Company up to the time of payment and which the Company Is obligated to pay; or III) to pay or otherwise settle with the Insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses Incurred by the Insured claimant which were authorized by the Company up to the time of payment and which the Company Is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(1) or (if), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, Including any liability or obligation to defend, prosecute or Continue any litigation. 538226 TRNFER DECLARATION RECEIVED 05/24/2001 WARRANTY DEED THIS DEED is dated the 24`" day of May 2oo7, and is made between WTS Cabin Partners, Lrc, a Colorado limited liabilityy company duly organized and existing under and by virtue of the laws of the State of Colorado (the "Grantor") and Ashcroft, LLC, a Colorado limited liability company, whose legal address is to the attention of: Karen Rowe at Centurion Residence Services,16oi Forum Place, Suite 307, West Palm Beach, Florida 33401, (the "Grantee "). WITNESS, that the Grantor, for and in consideration of the sum of Ten and oo /loo U.S. Dollars ($1o.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's successors and assigns forever, all the real property, together with any improvements thereon, located in Pitkin County, Colorado, described as follows: �( Parcel B: WTS CABIN PARTNERS LTD. / MCEUEN SUBDIVISION EXEMPTION LOT LINE ADJUSTMENT PLAT, according to the Plat q thereof recorded August 22, 1996 in Plat Book 4o at Page 8 as Reception 4 No. 396284. - nU also known by street address as: 9888 Castle Creek Road; and, by assessor's schedule or (l J- parcel number: 290920301002. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with•the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's successors and assigns forever. The Grantor, for itself and its successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's successors and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above conveyed; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except: Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded March 31, 1927 in Book 55 at Page 583; Easement for utility purposes as set forth in Deed recorded March 31,1971 in Book 254 at Page 400; Easement and right of way for an electric transmission or / 0000(to L Retum to: PATRICK MCALLISTER KAUFMAN PETERSON & DISHLER 315 E. HYMAN ASPEN, CO 81811 p:m N C S co �p ano N "moo N If) SCHEDULE A- OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT21375WTS May 24, 2007 @ 9:43 AM $7,200,000.00 A75- Z122017 1. NAME OF INSURED: ASHCROFT, LLC, A COLORADO LIMITED LIABILITY COMPANY 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: ASHCROFT, LLC, A COLORADO LIMITED LIABILITY COMPANY 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: PARCELS, WTS CABIN PARTNERS LTD. /MCEUEN SUBDIVISION EXEMPTION LOT LINE ADJUSTMENT PLAT, according to the Plat thereof recorded August 22, 1996 in Plat Book 40 at Page 8 as Reception No. 396284. Countersigned: Zvi Authorized officer or agent PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925. 17661(970)- 925 -6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. 000041 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • SCHEDULE B- OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT21375WTS May 24, 2007 @ 9:43 AM A75- Z122017 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Water rights, claims or title to water. 6. Taxes and assessments for the year 2007 and subsequent years only, a lien not yet due and payable. 7. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded March 31, 1927 in Book 55 at Page 583. 8. Easement for utility purposes as set forth in Deed recorded March 31, 1971 in Book 254 at Page 400. 9. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded July 12, 1982 in Book 429 at Page 71. 10. Reservation of a 20 foot access easement as set forth in Special Warranty Deed recorded August 22, 1996 as Reception No. 396287. 11. Easements, rights of way and all matters as disclosed on 1041 Hazard Review Plat of subject property recorded August 22, 1996 in Plat Book 40 at Page 7 as Reception No. 396283. 12. Easements, rights of way and all matters as disclosed on Plat of subject property recorded August 22, 1996 in Plat Book 40 at Page 8. 13. Terms, conditions, provisions and obligations as set forth in Allocation Agreement recorded November 16, 2000 as Reception No. 448953. 14. Terms, conditions, provisions and obligations as set forth in Occupancy Deed Restriction recorded July 31, 2002 as Reception No. 470421. 15. Any loss or damage resulting from adverse possession or any possessory interest for any fenceline encroachments as disclosed on Survey of Alpine Surveys dated May 18, 2007 as Job No. 94 -101. EXCEPTIONS NUMBERED 1, 2.3 AND 4 ARE HEREBY DELETED 000042 (/« zZf 222 , &§E - -- k k/) 2e{ )k = a /k8 - - 8 / §� ¢ ( i\R &«k; a — #m 8 £.9 k )k� Q & 2 §! E Ike \j7 |_! k Iga ©f§•= =| =e ox $f ¥2 k ■$4 £`d-5 1-- � m#2 -§ -9 e L « § O U 2 / 2 2 V C.) 0 U6 � a n. � k CD 0` . ƒ §m ? 3 on / k J § \!/§ $ § uj GOO §�f Ali \ Z m I r, • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • CONDITIONS AND STIPULATIONS (Continued) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of Indemnity against actual monetary lose or damage sustained or Incurred by the Insured claimant who has suffered lose or damage by reason of matters Insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or Interest subject to the defect, lien or encumbrance Insured against by this policy. (b) In the event the Amount of Insurance stated In Schedule A at the Date of Policy is less than SO percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is leas, or if subsequent to the Date of Policy an improvement Is erected on the land which increases the value of the insured estate or Interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy Is subject to the following: (1) where no subsequent Improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of Insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (11) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rate In the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. S. APPORTIONMENT. If the land described In Schedule A consists of two or more parcels which are not used as a single she, and a lose is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as it the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance at this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketabllity of tile, all as insured. In a reasonably diligent manner by any method, Including litigation and the oompleton of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for lose or damage to any Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of Insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. 090044 (b) When liability and the extent of loss or damage has been definitely In accordance with these Conditions and Stipulations, the Ion or damage Stu payable 3. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this p. all right of subrogation shall vest in the Company unaffected by any act o Insured claimant. The Company shall be subrogated to and be entitled to all rights and remc which the Insured claimant would have had against any person or proper respect to the claim had this policy not been Issued. If requested by the Coml the insured claimant shall transfer to the Company all rights and remedies ag any person or property necessary in order to perfect this right of subrogation. insured claimant shall perms the Company to sue, compromise or setae in the r of the insured claimant and to use are name of the insured claimant in transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Ins claimant, the Company shall be subrogated to these rights and remedies it proportion which the Company's payment bears to the whole amount of the lose If loss should result from any act of the Insured claimant, as stated above . act shall not void this policy, but the Company, in that event, shall be required tr only that part of any bases Insured against by this policy which shall exceec amount, if any, lost to the Company by reason of the impairment by the ins claimant of the Company's right of subrogation. (b) The Company's Right@ Against Non - Insured Obligors. The Company's right of subrogation against non - insured obligors shall and shall include, without limitation, the rights of the insured to indemn guaranties, other policies of Insurance or bonds, notwithstanding any term conditions contained In those instruments which provide for subrogation right reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured demand arbitration pursuant to the Time Insurance Arbitration Rules of the Ame! Arbitration Association. Arbitrable maters may include, but are not limited to, controversy or claim between the Company and the Insured arising out of or rel. to this policy, any service of the Company In connection with Its Issuance o, breach of a policy provision or other obligation. All arbitrable matters wher Amount of insurance is $1,000,000 or leas shall be enthralled at the option of e the Company or the insured. AN arbitrable matters when the Amount of Insurer in excess of $1,000,000 shall be arbitrated only when agreed to by both Company and the Insured. Arbitration pursuant to this policy and under the Rul- effect on the date the demand for arbitration Is made or, at the option of the inst the Rules in effect at Date of Policy shag be binding upon the parties. The a• may include attomeya' fees only if the laws of the state in which the land Is loc permit a court to award atomeys' fees to a prevailing parry. Judgment upor award rendered by the Arbitraor(s) may be entered In any court having jurisdi, thereof. The law of the sites of the land shall apply to an arbitration under the Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, If arty, attached hereto bt Company is the entire policy and contract between the Insured and the Comp In interpreting any provision of this policy, this policy shall be construed as a whc (b) Any claim of lose or damage, whether or not based on negligence, which arises out of the statue of the title to the estate or Interest covered heret by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made exce; a writing endorsed hereon or attached hereto signed by either the President, a' President, the Secretary, an Assistant Secretary, or validating officer or author signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable or applicable law, the policy shall be deemed not to include that provision and all o provisions shall remain in full force and effect 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement In wri required to be furnished the Company shall Include the number of this pc and shall be addressed to: Consumer Affairs Department, P.O. Box 27E Richmond, Virginia 23261 -7567. MAR. 18.2008 4 04PM KAUFMAN PETERSON DISHLER N0,7644 P. 6 WILLIAM I. KOCH ASHCROFT LLC 1601 FORUM PLACE SUrFE 1400 WEST PALM BEACH, FL 33401 March 18, 2008 Suzanne Wolff AICP Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Ashcroft LLC Activity Envelope Dear Suzanne: This letter authorizes Davis Hom Incorporated to submit a land use application for our property located in the Castle Creek Valley (Parcel ID # 2909 - 194 -01 -002). Please call Davis Hom Inc. at 925 6587 if you have any questions or concerns. Thank you. Sincerely, WILLI "0C ASHCROFT LLC 600045 MAR. 18. 2008 4:03PM KAUFMAN PETERSON DISHLER ' NO. 7644 ti PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Asitivt-,F -r L L L (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Are--T r v—:4 F_ n—e L-yp�, (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 008 -2008 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 Pitkin 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 and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. B. 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 $ lyd which is based on W 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 grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben Community Development Director Effective 4/9/08 G:county\admin \forms \agreement to pay 00001,:6 t4s1�c c�F,— L L c_ Print Name Signature Date: 31 / 5 to ti Mailing Address: F- rN A j P I" S w . re, Ir-fW Wes Rtlrn Beccr —k, FL 33Lt O 1 Attachment 13 Ashcroft LLC List of Adjacent Property Owners Michael Husaluk Barbara Fish - Husaluk PO Box 565 Aspen, CO 81612 American Lake LLC c/o Kaufman Peterson & Dishler 315 East Hyman Aspen, Colorado 81611 Crystal LLC c/o Kaufman Peterson & Dishler 315 East Hyman Aspen, Colorado 81611 Elk Mountain Lodge LLC c/o Kaufman Peterson & Dishler 315 East Hyman Aspen, Colorado 81611 0000 47 Apr 07 08 08:52a Timberline Engineering 970 963 9003 p.l 1' I I � I III Illlj I� II�III I I !I I III III VIII li I I I II II II I II IIIi II'I III I I II II II II III II I I ; I I, VIII III j ! II',' i �III,II I II �I ill � VIII I II II IIII III I � � I lill li!III� I l i I '� ' JL JL1 IB�11�1LL �J iL.f llr :�lJt!LL"J ll:/iL�ll- 1`�, 53 I� CIVIL / STRUCTURAL /CERTIFIED ENERGY DESIGN PROFESSIONALS April 07, 2008 Davis Horn Inc. 215 S. Monarch Aspen, CO 81611 Re: 9888 Castle Creek Road Driveway Dear Glenn: Ashcroft LLC is proposing to improve the existing driveway for the house located at 9888 Castle Creek Road. The site was heavily graded to develop the existing driveway and house site. A retaining wall has been built on the east side of the existing driveway which supports a steep slope which is the remnant of the prior to the grading of property. This steep slope is an anomaly resulting from the grading. It appears that there was a continuous slope prior to site development .A retaining wall will need to be constructed in order to improve the driveway as proposed. The retaining wall will be designed and reviewed with the Earthmoving and Access permit application The wall will be designed to avoid slope instability or failure. Sincerely. TI BF , INE ,E'NGINFERING J OP1e�Y F�t�l�r, David A. Powell, PE Y.O. BOX 631 CARBONDALb. CO. 81623 P. 970 963 9869 F. 970 963 9003 timberline@ sopris.net 000048 PUBLIC NOTICE RE: Ashcroft LLC Activity Envelope (Case P053 -08) NOTICE IS HEREBY GIVEN that an application has been submitted by Ashcroft LLC (1601 Forum Place, Suite 1400, West palm Beach, FL 33401) requesting to establish an activity envelope to encompass the existing house and improvements. The property is located at 9888 Castle Creek Road and is legally described as a Parcel B: WTS Cabin Partners LTD /McEuen Subdivision Exemption Lot Line Adjustment Plat. The State Parcel Identification Number for the property is 2909 - 203 -01 -002. 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 Suzanne Wolff at (970) 920 -5093. Published in the Aspen Times Weekly on April 27, 2008. Attention Adjacent Property 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 27, 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. j�Onuihty of Pitkin } AFFIDAVIT OF NOTICE & State of Colorado ss MAILING PURSUANT TO } 1 I 1 KIN COUNTY LAND USE CODE SECTION 2 -20 -100 1, (7 `e rin ► �; rn , being or representing an Applicant to the Pitkin 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 hearing1tgiall owners of property adjacent to the subject property, as indicated on the attached list, on the 2Z ay of f rr I , 200$'(which isISdays prior to the public hearing date of - 1.0 . The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of notice, a copy of which is attached hereto, by first- class, postage prepa ;d i.i.S M -?l i �� n or to rive uts!e F E i , 6ie mirietal estateltnderneath *?­ �••'-�A ^ eat, -d ron the of 200_ (which is _ days poor to the public hearing date of � The names and addresses of the mineral estate owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 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 ��i` —'day of 2002which is at least fifteen (15) days prior to the public hearing. A photog; :ph of the pos d sign is attac ed hereto. 65h Cr LLL Applicant's name By (4nn 0 rn Signature I; PUBLIC NOTICE W .t 1 DATE Signed before me this, day of G ^ TIME 20Cty �e✓l n ` � C' h . PLACE WITNESS MY HAND AND FF IAL SEAL My commission expires: ,, l t 3 ID l�J Notary Public Notary Public's PUBLIC NOTICE RE: Ashcroft LLC Activity Envelope (Case P053 -08) NOTICE IS HEREBY GIVEN that an application has been submitted by Ashcroft LLC (1601 Forum Place, Suite 1400, West palm Beach, FL 33401) requesting to establish an activity envelope to encompass the existing house and improvements. The property is located at 9888 Castle Creek Road and is legally described as a Parcel B: WTS Cabin Partners LTD /McEuen Subdivision Exemption Lot Line Adjustment Plat. The State Parcel Identification Number for the property is 2909- 203 -01 -002. 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 Suzanne Wolff at (970) 920 -5093. Published in the Aspen Times Weekly on April 27, 2008. q� 7 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 27, 2008. If any objections to the development application are received the Communitv Development Department shall continue the application to a public hearing before the Hearing Officer. �/ k-� v Ashcroft LLC List of Adjacent Property Owners Michael Husaluk Barbara Fish- Husaluk PO Box 565 Aspen, CO 81612 American Lake LLC c "o Kaufman Peterson & Dishler 315 East Hyman Aspen, Colorado 81611 Crystal LLC c/o Kaufman Peterson & Dishler 315 East Hyman Aspen, Colorado 81611 Elk Mountain Lodge LLC c/o Kaufman Peterson & Dishler 315 East Hyman Aspen, Colorado 81611 Attachment 13 S'enf by q_ZZ -off Pfo P,rfc� (9 LA-1 (\,')- C THIS SECTION • Complete items 1. 2, aAd 3. Also Item 4 H r nemetarj Delivery Is desired plete • So that your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailp(ece, or on the front if space permits t• Article Atldressed to: Michael Husaluk Barbara Fish - Husaluk P.O. Box 565 Aspen, CO. 81613. a X Name) j C. ❑ Agent D. Is delivery address d tJ It YES, lfledd from item 19 ❑ Y enter tlelivery atltlress below: E3 No 3. Service Type O Certtryed Mail ❑ EWs Mail ❑ R�lsteratl O Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 2. Article Number 4. Restncted Deliver? fErha ❑Yes lnansfarmm lab4 _ 1 PS Form 3811. February 2004 - 7p 7 X56❑ OOpy 9746 2066 Domesdc Retum Receipt ____ - -- - • Complete ttgms 1a 2, >Ind 3. Also complete Item 4 It Restricted Delivery Is desired. • Print your riams and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the frorrtft space permits. 1. Article Addressed to: American Lake LLC ck Kaufman Peterson & Dishler 315 East Hyman Avenue Aspen, Co. 81611 5 A. Signature j' 1 X I O,Da- a a BARbcaived by (Punted Nerve) I C. Date of Delivery D. Is delivery address different If YES, enter delivery addn O Certified Mail O 0 Registered 0 Return Receipt for March rom 0 Insured Mail 0 C.O.D. 4. Restricted Deikrery? (Extra Fee) 0 YB9 2. (Tics rfrom 7007 2560 0001 9746 3650 (fnvu/ar/rom seMce lebep - -_ -- PS Form 3811, February 2004 Domestic Return Receipt 1025esoz rf -tsao AhZ9219 - mplete lt4ms 1y2, ltd 3. Also OOmplete item 4 if Restricted Delivery ON ON DELIVERy a Signature is desired. ■ Print your name and address on the reverse so that we can retum the X 0 Agent L card to you. attach this card to the back of the mailpiece, or on the front ff space permits. ReceNed 0 Addresser, (PiintedName) C. Date of Delivery 1. Article Addressed to: D. Is dal' nary address dWarant from item l? [3 ye E 11L Mf � If YES. enter delNery addrees below„ 0 N 61b 14w r\ 11''11 !!�� � shl — o0 ' 1 31 s p ✓ L I `1 3. Service Type ~ A� Q P 11 V O YJ �' 0 oenWad Mail 0 E pl 0 Registered ❑ ReWm ReceiptforM BmharWise 0 insured Mail ❑ C.O.D. 2. kW, Number 4• Restricted Delivery? (Extra Fee) 0 Yes �'�'ir01ne(eeel 7007 PS Form 3811, - - - -- 2560 0001 9746 ❑987 - - February 2004 Domestic Return Receipt 102595-02 -WIS40 • Complete Ioems 2, and 3. Also P : 4 if Restficted DeB— Is desitemdplete not your name and add 0. Signahse so t that we can return theme °t the reverse X �/Q ■ Attach this card to the back o th niU - pCi(/Y hem Or on the frem if the mailpiece, 6. ( L} spa permits. by(PNMedN Address t• --- Addresw to: � C. Date of Delivery D. Is delivery address Of Crystal LLC If YES, enterder•e ftm Item "? ❑Yee C/o Kaufman Peterson O No 315 East H `� Dishier Yman Avenue Aspen, CO. 81611 1.10 3. SBMCe 7ypg D Reg1 all 2• Adlde Number 4. E03 Insurad Mall L3 C.O.D. t for Men;harplae ?'a"homaJ 7007 Restricted Fee) PS Form 3811, February2ppq 256p pppy - ❑rea - — -- — 9746 ❑949 .- Domestk Return Racelpt I CERTMIED MAIL,, RECEIPT m (Domestic Mail Only; No Insurance Covera provided) ge r M ASM CO 81612 Postage $ $p,yl 1 Candied Fee $2.65 M Return Receipt Fee _postmark 0 (Entlarsement Regmred) $2.15 C3 Restnctetl Delivery Fee W v p (Enaorsemem Requned) $0.00 f Q IV' b J�' Ln Total Postage 8 Fees $ $5.21 04 R" ant To Michael Husaluk C3 '!F;eataot— W---- -- --.Barbara Fis h- Husaluk M1 orPO.a NO. P,O BOY 565 City, Stafe, ZlPt4 -- -_ - - -_ Aspen, CO. 81611 ASPU CQ 81611 S — � Postage $ $0.41 \ Cenihetl Fee ;2•65 ®` / O Return Receipt Fee s Postmark O (Endorsement egmmtl) 4215 ' �+ �f� ere O RestrCted Delivery Fee yy O (Entlorsem ent Required) .00 f „ `� Ln h . \ J in Total Postage s Fees $ 11 .21 V S ”' Bent e mencan ake LLC M Street Apt N o , c.o Kaufman Peterson & Dishler C3 or PO Box No 315 East Hyman Ciig Stele. ZlPa4 ---'- Y Avenue Aspen, CO. 81611 U.S. Postal Service.,., CERTIFIED MAIL.,, RECEIPT (Domestic MaR Only; No Insurance Coverage Provided) For tlelive,y information visit our website at www.UsDs.c.m_ ASPU CQ 81611 S — � Postage $ $0.41 \ Cenihetl Fee ;2•65 ®` / O Return Receipt Fee s Postmark O (Endorsement egmmtl) 4215 ' �+ �f� ere O RestrCted Delivery Fee yy O (Entlorsem ent Required) .00 f „ `� Ln h . \ J in Total Postage s Fees $ 11 .21 V S ”' Bent e mencan ake LLC M Street Apt N o , c.o Kaufman Peterson & Dishler C3 or PO Box No 315 East Hyman Ciig Stele. ZlPa4 ---'- Y Avenue Aspen, CO. 81611 F U.S. Postal Service,. CERTIFIED MAILTM RECEIPT momesticMaii Only; No /nsurance Cover age Provided) For tlelivery information visit our website at www.us `f pa.com® r9 CenNetl Fee �`' C3 p p (Entlorseme t Requr etl) p Resfncfe0 Delivery Fee fEntlorsementR A20 Lrl ru Total Rosfage 8 Fees M1 LLC M c/o Kaufman Peterson C3 r` reet, APt No- ,-- - -- POftoxNO. 315 East ",srare,zP: <_- Aspen, Hyman Avenue CO. 81611 & Dishler AM W 81611 ostal Service., Q520 Q Cpol Certified Fee r-q 42.65 (v � *q�� l FFor TIFIED MAIL. RECEIPT C3 Restricted DeWery Fee I7 (Endorsement Required) �•� Lri Total Postage & Fees Insurance Coverage Provided) N tl tic Mail-Onty; No Sent To ,/^M''^{,�I A E3 ------------------- Street APt or PO Box No .JQ'- 1- Intormatlon visit our webslte at www.usps.comm ery AM W 81611 s N Postage $ 40.41 Q520 Q Cpol Certified Fee r-q 42.65 (v � *q�� l 0 Relurn Receipt Fee O (Endorsement Required) 12.15 Q �5'i Ilsra\ C3 Restricted DeWery Fee I7 (Endorsement Required) �•� Lri Total Postage & Fees $ =5.21 , 15 S Q N tl M1 Sent To ,/^M''^{,�I A E3 ------------------- Street APt or PO Box No .JQ'- 1- f` 1�_ i _i_t_.!_1��.'- 4:L!- f-- ... -C -1 -G ..-- . - -u." -S• City, Safe, ZIP +4 i'J 9 ti4N'tAn C© $Z(oN Davis Horn - PLANNING & REAL ESTATE CONSULTING October 21, 2008 Suzanne Wolff AlCP Pitkin County Community Development 130 South Galena Street Aspen, Colorado 81611 Re: Ashcroft LLC Revised Activity Envelope and Site Plan Dear Suzanne: This letter transmits the revised Ashcroft LLC Site & Activity Envelope Plan. The revised Activity Envelope is based upon Jonathan Lowsky's locating the wetland and riparian areas and the location of the mean identifiable high water make of Castle Creek. Warren Rider has visited the site and observed the wetland and riparian areas which have been located on the site plan by a Rob Hutton, Surveyor. The proposed tennis court avoids all hazard areas and setbacks. The applicant commits to remove tennis court fencing in the winter. This should be a condition of the approval. The tennis courts will be screened in the summer by the additional landscaping depicted on the plan. Access will be via the existing driveway located on the east side of Castle Creek Road. You have reviewed the proposed driveway improvements which lead to the house. This drawing is the same as the one which we submitted this summer. It reflects the modifications which we worked on during the summer. Please let me know if you need anything else. Thanks. Sincerely, DAV15F HORN INCORPORATED GLENN HORN AICP ALICE DAVIS AICP f GLENN HORN AICP 215 SOUTH MONARCH ST. -SUITE 104•ASPEN, COLORADO 81611 •970;'925- 6587•FAX:970.'925-5180 14 / ada is @rof.net ghorn @rof.net E- 6 cN e e 3p 0�� I � 2 ILIA kkf1 I L �� �" Ll LJ LJ s` 8 a3 y F ` / w7� F i HIS I { \\ v v =3Y E- MEMORANDUM To: Suzanne Wolff, Planning Department From: Warren Rider, Environmental Health & Natural Resources Department Date: June 17, 2008 Re: Ashcroft LLC Activity Envelope. (Case P053 -08; PID 2909 - 203 -01 -002) SUMMARY OF RELEVANT PARTS OF APPLICATION: Applicant proposes an Activity envelope for installation of fiber optic, the expansion of the driveway, retaining wall construction, and landscaping along Castle Creek Road. A visit to the site was conducted by Warren Rider on June 3, 2008. Tom Newland was on site representing the applicant. The Environmental Health & Natural Resources Department (EH /NR) has reviewed the details of the Koch application under the authority of the Pitkin County Land Use Code and has the following comments. WATER COURSES AND DRAINAGE: Section 7- 20 -30: Applicant proposes to construct a driveway, retaining wall, and parking area for the home. Applicant has committed to comply with the requirements of Section 7 -20 -30 but has not demonstrated how compliance will be attained. RIVER AND STREAM CORRIDORS AND WETLANDS: Section 7- 20 -80: Applicant states that the property in question does not contain any wetlands or riparian areas. During the site visit, it was confirmed that the proposed improvements do not encroach on wetland, riparian, or stream corridors. Conditions of Approval: EH /NR recommends approval of this application with the condition that a drainage plan be submitted at time of permit issuance to demonstrate compliance with Section 7 -20 -30 of the Land Use Code. 3 P .,,d — Re ,,W Paper Page 1 of 1 Suzanne Wolff From: Susan Pearson Sent: Friday, May 30, 2008 1:15 PM To: Suzanne Wolff Cc: Joanna Schaffner Subject: RE: lighting a tennis court If we are going to allow it — we should probably specify that the court lights be turned off at no later than 10pm and on no earlier than Sam AND that the timers be reprogrammed 2x per year for daylight savings time From: Joanna Schaffner Sent: Friday, May 30, 2008 12:47 PM To: Suzanne Wolff Cc: Susan Pearson Subject: RE: lighting a tennis court There's nothing in the code that prohibits it. When it's a scenic matter, we have conditioned against court lighting. Guess it depends where and how. From: Suzanne Wolff Sent: Wednesday, May 28, 2008 9:14 AM To: Joanna Schaffner Subject: lighting a tennis court Would we allow? Y 6/2/2008 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX4 (970) 920 -5439 April 15, 2008 Glen Hom 215 South Monarch Street, Suite 104 Aspen, CO 81611 Re: Ashcroft LLC Activity Envelope (PID #2909 - 203 -01 -002; Case# P053 -08) Dear Mr. Hom: 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. 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 (15 days out) April 27, 2008. 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 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) 27`h day of May, 2008. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 12`h day of May, 2008, which is at least fifteen (15) days prior to the (30 day out) May 27, 2008. This must be submitted prior to any approvals being granted. If you have 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 & 2 -40 -20 (F) CDU Notice PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 MEMORANDUM To: Maroon/Castle Creek Caucus Environmental Health and Natural Resources FROM: Suzanne Wolff, Community Development Department Re: Ashcroft LLC Activity Envelope (PID 2909 - 203 -01 -002; Case P053 -08) DATE: April 15, 2008 Attached for your review and comments are materials for an application submitted by Ashcroft LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, May 27, 2008. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. PITKIN CONTY COMMUNITY DEVELOI«ENT Permit Receipt RECEIPT NUMBER 00025764 Name: Elk Mountain Lodge LLC Project Address: 9888 CASTLE CREEK RD Type: check # 1299 Permit Number Fee Description 0053.2008.PLAN PP- Flat Fee 0053.2008.PLAN PP -Clerk Fee 0053.2008.PLAN PP- Public Notice Fee 0053.2008.PLAN PP- EH &NR Referral Fee Date:4 /7/2008 Amount 2,495.00 25.00 5400 60400 Total: 3,178.00 d ik 0 w-4 ti CD .. CO C`r 04d .... ... I. . IF IF. z1fiedevele Feel Ow" . . ....... . 44 mom; WKI T "IQ 0.11 li. 2 "1 F'11,X ll`�,FN �,X,'.l A .4 1 X 10 e IUM i jail f Pommy 4wnY rim V2 oil pu 25, it to Y A 21 1 IF 0 > cun) DqIFA M 011 un ONN■ d ik 0 w-4 ti CD .. CO C`r 04d .... ... I. . IF IF. z1fiedevele Feel Ow" . . ....... . 44 mom; WKI T "IQ 0.11 li. 2 "1 F'11,X ll`�,FN �,X,'.l A .4 1 X 10 e IUM i jail f Pommy 4wnY B, V2 oil pu 25, it to Y A 21 1 Vol DqIFA M 011 un mmm 1�m room A Br Now ol OPP, f? I ........ . . .. - - - - - - - 11 Fill ... ......... Fill Cb Ar I Sol 16", 25, Y A un 1�m room A Br Now ol OPP, f? I ........ . . .. - - - - - - - 11 Fill ... ......... Fill Cb Ms 4LA rya rya Ms A TikEG OMAN ANT) AsSOCJATf',S,I.NC Landscape Architecture - Environmental Planning 117 South Splixig Streek, SultO 202 Mpon, Colorado $1611 Ph: (9701925-890 - Fax: (970)921-'1217 Ellftdil: bellP8VO9MOZ3Al3-CQM OrZ. r= ft LL 9 vo =�^ 4 t t - ' , ' REG MOZIAN AND AssOCIATES, INC. Landscape Architecture - Environmental Planning 1117 �Soutll % C ring Street, sultO202 Aspen, Colorado 616'1'1 11h: 970) 925 •sft'4 - flax: (9701 925-MV Eftlail: PyMfin 0% J!" L av MON", 10/02/08 l Io 1 001 zo Ashcroft LLC w Hideaway Enlarqgjm2jjjith ActivAy nv2l,22e - §jouth I 1 11 0 1, 1 ................. ..... 10/02/08 GREG MORAN —AND X,-�S—ZEi-XTES, INC 1 11 301 Landscape Architecture. - Environmental planning 117 Somth Spring 5000t, SultO,202 Aspen, Colorado 01611 Ph: (970)925-8963' - FAV, O)A9915'1217 Email: belloPgregmozian.com C) I r C?� rte.. ( "il C� �r �mu r �,e 7 9 a^y 4,l 1 �>Ck &mA GA Ri R mm 9w I D tlA Z. 4 y i� LM1 M e mj r r � r �a / \,"/.a1 d 0,