HomeMy WebLinkAboutpitkin.planning.246725400585 (2008)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (llxl'n
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RESOLUTION OF THE BOARD OF COUNTY COMhHSSIONERS OF PITKIN
COUNTY, COLORADO, GRANTING CONDITIONAL SPECLAL REVIEW APPROVAL TO THE
RIVER ROAD RANCH LLC, CARETAKER DWELLING UNIT
Resolution No.~-2008
RECITALS
1. River Road Ranch LLC ("Applicant") has applied to the Board of County Commissioners of Pitkin County,
Colorado ("BOCC") for special review approval to retain and deed restrict an existing stntcture as a caretaker
dwelling unit (CDU) pursuant to Secs. 2-30-30.h.2, 4-30-SO.e and 6-30-40.c of the 2006 Land Use Code,
2. The Land Use Code authorizes approval of CDU's by the Community Development Director However, a public
hearing before the BOCC is required if any objections are received from the adjacent property owners. An
objection to the application has been submitted by Paul Theofanous; therefore, the application is being considered
by the BOCC.
3. The parcel is located at 2553 Lower River Road, PID #2467-254-00-585 and is more specifically described in
Exhibit A
4. The parcel contains 37.94 acres in the AR-1 o zone district.
5. The parcel contains two dwelling units, amongst several other structures. One of the dwelling units was built
without an approved building permit.
6. The Hearing Officer gramed 1041 hazard review and conceptual submission approval to establish building,
access, landscape and debris flow mitigation envelopes pursuant to Determination No. OZ 1-2007.
7. The Housing Office recommends approval of the caretaker dwelling unit.
8. The BOCC heard this application at a duly noticed public hearing on September 10, 2008, at which time evidence
and testimony were presented with respect to the application.
9. The BOCC fords that the caretaker dwelling unit complies with the special review criteria of the Code, is consistent
with the character of the surrounding area, and that the impacts of the unit can be mitigated.
10. The BOCC further finds that the proposed use will preserve existing dwelling units, which may be occupied by
qualified residents.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby grant special review approval of the
River Road Ranch LLC Caretaker Dwelling Unit, subject to the following conditions, which shall run with the land and
be binding on all successors in interest:
1) The Applicant shall adhere to all material representations made in public hearings and in the application.
2) The Applicant shall comply with all conditions of Hearing Officer Detenninetion No. 021-2007.
3) Approval for the caretaker dwelling unit is conditional upon the permitting or demolition of the illegal dwelling unit.
No other submission of building or other development permit applications, for any purpose other than the
legalization of the unpennitted dwelling, shall be granted unless/until the legalization/demolition of the unit takes
place.
RECEPTION#: 553585, f 0!15/2008 at
03:12:52 PM,
f OF 4, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
Resolution No./~ -2008
Page 2
4) The caretaker dwelling unit shall be limited to 1,000 net livable square feet. The kitchen shall contain a minimum of
a two burner stove with at least a 5 cubic foot oven that can both bake and broil, a sink of at least ] 4"W X 16"D X
5.25"H and at least a 5.3 cubic foot refrigerator and a 0.73 cubic foot freezer. A minimum of two off-street pazking
spaces shall be provided for the unit. The caretaker dwelling unit must have separately accessible utilities. This
does not preclude shared utilities.
5) The Applicant shall, by deed restriction or other permanent commitment running with the land, guarantee that the
caretaker unit:
a) Shall not be required to be rented;
b) Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the uhirnate form
of ownership of the caretaker unit;
c) Shal] be limited to occupancy by not more than two adults and related children, who qualify as (and have been
found by the Housing Office to be) employees of the community under such guidelines as may be from time
To time established, or members of the owner's immediate family, even [hough they may not qualify as
employees of the community;
d) Shal! be rented for terms not less than 6 months ifrented.
6) Prior to issuance of a building permit application for the caretaker dwelling unit, the Applicant shall provide proof of
an adequate water supply (in terms of quantity and availability) For domestic and fire protection purposes, and for
irrigation purposes, if applicable, to the Environmental Health and Natural Resources Deparbnent. The water
supply shall be demonstrated to be adequate for two dwelling units.
7) At building permit subroittal for the caretaker dwelling unit, the Applicant shall also submit for a septic permit to
upgrade the existing OW7'S to accommodate the addhianel bedroom within the CDU. The septic system shall be
installed within 60 days of permit issuance unless a timeframe is determined differently by the Community
Development Director.
8) Prior to the recordation of caretaker dwelling unit deed restrictions for the residence, the Applicant shall obtain the
necessary building permit(s) to modify the strvctrtre such that the caretaker dwelling unit contains no more than
1,000 net livable square feet, meets the defmition of a caretaker dwelling unit and meets the requirements for an
accessory building with regard to height, setbacks, or any other building and zoning requirements.
9) Prior to issuance of a Certificate of Occupancy for the new residence, the Applicant shall obtain and the Housing
Office shall record a caretaker dwelling unit deed restriction for the existing residence. Actual floor plans of the
modified unit shall be submitted to the Housing Office with the deed restriction.
10) Prior to issuance of Certificates of Occupancy for the caretaker dwelling units, the Housing Office shall be entitled
to conduct an inspection of the unit for compliairce with the above referenced requrements.
] 1) The caretaker dwelling unit restriction may be removed by the property owner upon approval of the Community
Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the
remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise
applicable Code requirements.
12) The floor area of the caretaker unit shall be included in the total allowed floor area for the parcel.
13) Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use
Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, S 4-140 and
C.RS, S 24-68-105. The statutory vested rights granted herein shall expire on September 10, 2011.
Resolution No.~t7~ -2008
Page 3
APPROVED AND ADOPTED on the 10'" day of September, 2008.
PUBLISHED AFTER ADOPTI N FOR VESTED REAL PROPERTY RIGHTS in the Asnen
Times Weeklv on the~day of, 2008.
A'
xe Jones
to the BOCC
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By
ack Hatfield, airman
Date a, a ~
APPROVED AS TO CONTENT:
~I~~M.C w Y
John Ely, Cindy Houben,
County Atto Community Development Duector
Case #~P9 PO'~i -O 4
PID Zt{ Ala' ZJy^~'
Resolution No.~~-2008
Page 4
Exhibit A
Legal Description
~SUB:ASPEN RIVER VALLEY RANCH LOT:4 ~~ ~~
DESC: AKA PARCEL 4
SECT,TWN,RNG:25-8-86 TRACT:69 DESC:
PARCEL OF LAND BEING PART OF TR 69
~& 84 & BEING LOCATED IN SEC 25 &
X36-8-86 BGNNG AT A PT ON LINE 7-8
~OF TR 69 WH AP 8 OF TR 69 BEARS N
,00 DEG 16'24"E 455.63 FT TH S 00
DEG ] 6'24" ------ ---------~--- - __.._..-----
- -_- ~ - W 269.58 FT ALNG LINE 8-7
~OF TR 69 TH S 49 DEG 00'00"W
-- -
3554.82 FT TH N 00 DEG 4219"W
614.20 FT TH N 49 DEG 00'00"E
1898.37 FT TH N 09 DEG 23'35"E
419.80 FT TH N 78 DEG 45'50"E
617.60 FT TH N 70 DEG 26'57"E
!620.48 FT TO POB LESS & EXCEPT ALL ~ _
jLAND CONTAINED IN RULE & ORDER AS
GRANTED TO THE CDOT REC #483442
MEMORANDUM
TO: Board of County Commissioners
Regular Meeting~~-,,September ] 0, 2008
THRU: Cindy Hoube~CCommunity Development Director
FROM: Cazi Anne Holcomb
RE: River Road Ranch LLC Special Review for Caretaker Dwelling Unit
REQUEST: The Applicant requests approval to retain and deed restrict an existing structure as a caretaker
dwelling unit.
The Land Use Code authorizes approval of CDUs by the Community Development Director. However, a
public hearing before the BOCC is required if any objections are received from the adjacent property
owners. An objection to the application has been submitted by Paul Theofanous, the neighbor to the north
(letter attached); therefore, the application is being considered by the BOCC.
APPLICANT: River Road Ranch LLC/Chuck Cherek
REPRESENTATIVE: Glenn Horn
LOCATION: 2553 Lower River Road, PID #2467-254-00-585.
ZONING/LOT SIZE: The parcel contains 37.94 acres in the AR-] 0 zone district.
EXISTING CONDITIONS/BACKGROUND: Highway 82 cuts through the southwest portion of the
property, and sepazates off a 7.506-acre parcel that is undevelopable. The Applicant has received
compensation from CDOT for the condemnation process. The parcel is currently developed with asingle-
family residence and several accessory buildings. The Hearing Officer granted 1041 hazazd review and
conceptual submission approval to establish building, access, landscape and debris flow mitigation
envelopes pursuant to Determination No. 021 ?007; based on the 1994 Land Use Code. While a request for
CDU Special Review was included in a second application submitted in 2007 for the 1041 Hazard Review,
the single line reference was missed; thus no fees were collected and no public noticing was ever completed.
Because it was received after July 6, 2006, the application is being considered pursuant to the 2006 Land
Use Code.
REFERRAL COMMENTS: Comments from the Woody Creek Caucus District Planning Commission
and Housing Office are attached for reference, and are addressed in the staff comments below.
STAFF COMMENTS:
CARETAKER DWELLING UNIT: The Applicant has requested approval to retain and deed restrict the
existing structure as a caretaker dwelling unit. Pursuant to Subsection 6-30-40(c), one CDU of up to
1,000 square feet of net livable square feet is exempt from growth management subject to special review
and the following criteria from Sec. 4-30-50(e):
The floor area of the caretaker unit shall be included in the total allowed floor area.
Two parking spaces shall be provided.
0®~uol c~1 ~~
The unit shall be deed restricted for use by qualified employees as defined in the Housing Guidelines
or members of the owner's immediate family.
The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can
bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and
0.73 cubic foot freezer.
The caretaker dwelling unit must have sepazately accessible utilities. This does not preclude shazed
utilities.
The Applicant has agreed to comply with these criteria. The existing structure has two floors. The
Applicant intends to remove the outside staircase, and utilize the upstairs as the CDU. The downstairs
will only be accessible via an independent entry and will just be accessory space. Amore detailed plan
to meet the County's requirements for converting the space to a CDU wilt be submitted at building
permit application. The Applicant recognizes that the whole building counts as floor area and will
continue with CDU approval.
SPECIAL REVIEW: Special Review approval is required to retain and deed restrict the existing structure as
a caretaker dwelling unit, subject to compliance with the following standards.
A. The special review use shall be consistent with the applicable County Master Plan.
Response: The proposed caretaker dwelling unit is consistent with the Down Valley Master Plan. The
Woody Creek Caucus District Planning Commission supports the cazetaker dwelling unit. Currently
there are 65 CDU's located in the nearby neighborhoods (Woody Creek, McLain Flats, Holland Hills)
Ten aze specifically addressed on River Rd (N, Upper and Lower).
B. The special review use slaall not cor~ict with arty applicable sections of the Pitkin Co:mty Land Use
Code, including the County Land Use Policies in Chapter 1.
Response: The proposed CDU does not conflict with the applicable provisions of the Code, as specified
within this memorandum, or with the County land use policies.
C The proposed development must not materially endanger the public health, safety or welfare.
D. The proposed development must not substantially it jure the value of adjoining or abutting
property.
Response: Staff has no information that would indicate that the CDU would endanger the public health,
safety or welfare, or injure the value of adjacent properties.
D. The special review use shall be consistent with the intent ofthe Zone District in which it is
proposed to be located
Response: The intent of the AR-] 0 zone district is to "accommodate ... large lot residential
development that maintains the rural chazacter and appearance of the land." The proposed cazetaker
dwelling unit is consistent with the intent of the zone district.
E The special review use shall be compatible with the character of the immediate vicinity of the parcel
proposed for development and surrounding land uses, or shall enhance the mixture of complimeniar_y uses
and activities in the immediate vicinity ofthe parcel proposed for development.
Response: The proposed CDU is compatible with surrounding residential uses. As noted above, the
Caucus supports the request.
®®UU~~
F. 77ae location, size, design and operating clutracteristics of the proposed special review use must be in
harmoary with the surrounding area and nrinin:izes adverse effects, including visual impacts, impacts on
pedestrian and vehicular circulation, traJ~c generation, parking, trash, service delivery, uir/water pollution
or other impacts on natural resources, noise, vibratiaas and odor on surromading properties.
Response: As the proposed CDU will be located within an existing structure, no new development will
be added to the parcel or the area; there will be no additional visual impacts. Staff acknowledges that the
CDU will increase traffic in this neighborhood, but feels that the impacts can be mitigated in order to
accommodate continued use of the residences by working residents.
G. There must be adequate public facilities and services to serve the special review use, including but
not limited to roads, potable water, sewer, solid waste, parks, police, fare protection, emergency medical
services, hospital and medical services, drainage systems, rnad schools.
Response: The parcel is currently served by a residential exempt well, which can service up to three
residences. The additional impact of a CDU should be de minimus with respect to the public facilities
and services that are already in place and will be servicing the future residence. Access and waste
systems will be required to meet Pitkin County standards.
K The proposed special review use must comply with any additional standards or requirements stated
for such use in Sec. 4-30 and/or Sec. 2-•10-20.
Response: The standards from Sec. 4-30 are addressed above and no standards from Sec. 2-40-20 are
applicable.
RECOMMENDATION: Staff recommends that the BOCC adopt a "motion to approve the River Road
Ranch LLC Special Review for Cazetaker Dwelling Unit, subject to the attached Resolution."
Attachments
A. Paul Theodofanous Letters
B. Woody Creek Caucus District Planning Commission
C. Housing
®®{~®o~
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PTTKIN
COUNTY, COLORADO, GRANTING SPECIAL REVIEW APPROVAL TO THE
RIVER ROAD RANCH LLC, CARETAKER DWELLING UNIT
Resolution No. -2008
RECITALS
1. River Road Ranch LLC ("Applicant") has applied to the Board of County Commissioners of Pitkin
County, Colorado ("BOCC") for special review approval to retain and deed restrict an existing
structure as a caretaker dwelling unit pursuant to Secs. 2-30-30.h.2, 4-30-SO.e and 6-30-40.c of the 2006
Land Use Code.
2. The Land Use Code authorizes approval of CDU's by the Community Development Director. However,
a public hearing before the BOCC is required if any objections are received from the adjacent property
owners. An objection to the application has been submitted by Paul Theofanous; therefore, the
application is being considered by the BOCC.
3. The parcel is located at 2553 Lower River Road and is more specifically described in Exhibit A.
4. The parcel contains 37.94 acres in the AR-10 zone district.
5. The Hearing Officer granted 1041 hazard review and conceptual submission approval to establish
building, access, landscape and debris flow mitigation envelopes pursuant to Determination No. 021-
2007.
6. The Housing Office recommends approval of the caretaker dwelling unit.
7. The BOCC heard this application at a duly noticed public hearing on September 10, 2008, at which time
evidence and testimony were presented with respect to the application.
8. The BOCC finds that the caretaker dwelling unit complies with the special review criteria of the Code, is
consistent with the character of the surrounding area, and that the impacts of the unit can be mitigated.
9. The BOCC further finds that the proposed use will preserve existing dwelling units, which may be
occupied by qualified residents.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby grant special review
approval of the River Road Ranch LLC Caztaker Dwelling Unit, subject to the following conditions, which
shall run with the land and be binding on all successors in interest:
1. The Applicant shall adhere to all material representations made in public hearings and in the application.
2. The Applicant shall comply with the conditions of Hearing Officer Determination No. 021-2007.
Resolution No. -2008
Page 2
3. The caretaker dwelling unit shall be limited to 1,000 net livable square feet. The kitchen shall contain a
minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least
14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A
minimum of two off-street parking spaces shall be provided for the unit. The cazetaker dwelling unit
must have separately accessible utilities. This does not preclude shared utilities.
4. Prior to issuance of a building permit application for the new residence, the Applicant shall provide proof
of an adequate water supply (in terms of quantity and availability) for domestic and fire protection
purposes, and for irrigation purposes, if applicable, to the Environmental Health and Natural Resources
Department. The water supply shall be demonstrated to be adequate for two dwelling units.
5. Prior to recordation of caretaker dwelling unit deed restrictions for the residence, the Applicant shall
obtain building permits to modify the structure such that the caretaker dwelling unit contain no more than
1,000 net livable square feet.
6. Prior to issuance of a Certificate of Occupancy for the new residence, the Applicant shall obtain and the
Housing Office shall record a caretaker dwelling unit deed restriction for the existing residence. Actual
floor plans of the unit shall be submitted to the Housing Office with the deed restriction.
7. Prior to issuance of Certificates of Occupancy for the caretaker dwelling units, the Housing Office shall
inspect the unit.
8. The floor area of the caretaker unit shall be included in the total allowed floor area for the parcel.
9. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, S 4-140 and C.RS, S 24-68-105. The statutory vested rights granted herein shall expire on
September 10, 2011.
Resolution No. _-2008
Page 3
APPROVED AND ADOPTED on the l Os' day of September, 2008.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the As en
Times Weeklv on the _ day of , ZOOg.
BOARD OF COUNTY COMMISSIONERS
OF PiTKIN COUNTY, COLORADO
ATTEST:
By
Jack Hatfield, Chairman
Jeanette Jones
Clerk to the BOCC
APPROVED AS TO FORM:
John Ely,
County Attorney
Date
APPROVED AS TO CONTENT:
--~~~~Q~..C e ~„ c~E
Cindy Houben,
Community Development Director
Case #P012-08
PID #264309300007 & 264309300013
Rerolutton No. _-?008
Page 4
Exhibit A
Legal Description
-- __ ~ -
SUB:ASPEN RIVER VALLEY RANCH LOT:4 ~ - - -
'DESC: AKA PARCEL 4
SECT,TWN,RNG ~5 8-86 TRACT:69 DESC: "~
PARCEL OF LAND BEING PART OF TR 69
84 & BEING LOCATED IN SEC 25 &
36-8-86 BGNNG AT A PT ON LINE 7 8
......... .__....
OF TR 69 WH AP 8 OF TR 69 BEARS N
__... _
__ _ _
'00 DEG 16'24"E 455.63 FT TH S 00
G 16'24"W 269.58 FT ALNG LINE 8 7
OF TR 69 TH S 49 DEG 00'00"W '
3554.82 FT TH N 00 DEG 42'19"W
.. _ - --
614.20 FT TH N 49 DEG 00'00"E
1898.37 FT TH N 09 DEG 23'35"E
419.80 FT TH N 78 DEG 45'50 E W - ` - -""
617.60 FT TH N 70 DEG 26'57"E
620 48 FT TO POB LESS & EXCEPT ALL
LAND CONTAINED IN RULE & ORDER AS
GRANTED TO THE CDOT REC #483442
................
Page 1 of 1
Cari Anne Holcomb
From: Eben Clark [epc@kcelaw.net]
Sent: Tuesday, August 05, 2008 11:03 AM
To: Cari Anne Holcomb
Subject: River Road Ranch LLC Objection
Dear Cari Anne:
Thank you for speaking with me today on this matter. As we discussed, I will file a formal objection on behalf of
our client who is an adjoining property owner. Below is all of my contact info. Please look for my letter shortly.
Thank you,
Klein, Cote & Edwards, LLC
Eben P. Clark
201 N. Mill St., Suite 203
Aspen, Colorado 81611
Tel: 970.925.8700
Fax: 970.925.3977
email: e c KCElaw.net
Visit our website at www kcelaw.net
CONFIDENTIALITY NOTICE: The information contained in this a-mail message may be attorney-
privileged and confidential information. It is intended only for the use of the intended recipient(s) named above. If
you are not an intended recipient, you are hereby notified that any dissemination, distribution, copying or other
use of this communication is strictly prohibited. If you have received this communication in error, please
immediately notify us by telephone (970-925-8700) or a-mail, and delete this a-mail message. Thank you. We do
not guaranty that any files attached to this email are virus free; you should scan any attached files for viruses
before opening them.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal
Revenue Service, we inform you that any U.S. federal tax advice contained in this communication
(including any attachments) is not intended or written to be used, and cannot be used, for the purpose of
avoiding penalties under the Internal Revenue Code or promoting, mazketing or recommending to
another party any transaction or matter addressed herein
®~o~~x
8/7/2008
Page 1 of 1
Cari Anne Holcomb
From: Eben Clark [epc@kcelaw.net]
Sent: Wednesday, August O6, 2008 12:18 PM
To: Cari Anne Holcomb
Cc: Jody Edwards
Subject: River Road Ranch, LLC Special Review for a Caretaker Dwelling Unit (P077-08)
Attachments: Obj Ltr Theofanous 8-06-08.pdf
Dear Cari Anne:
As we have discussed, we are submitting objections to the above application and our objection letter is attached.
Please advise us of the date of the public hearing on this matter as soon as possible. If you have any questions
regarding this, please do not hesitate to contact me.
Thank you,
Klein, Cote 8~ Edwards, LLC
Eben P. Clark
201 N. Mill St., Suite 203
Aspen, Colorado 81611
Tel: 970.925.8700
Fax: 970.925.3977
email: epc@KCEIaw net
Visit our website at www.kcelaw.net
CONFIDENTIALITY NOTICE: The information contained in this a-mail message may be attorney-
privileged and confidential information. It is intended only for the use of the intended recipient(s) named above. If
you are not an intended recipient, you are hereby notified that any dissemination, distribution, copying or other
use of this communication is strictly prohibited. If you have received this communication in error, please
immediately notify us by telephone (970-925-8700) or a-mail, and delete this a-mail message. Thank you. We do
not guaranty that any files attached to this email are virus free; you should scan any attached files for viruses
before opening them.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal
Revenue Service, we inform you that any U.S. federal tax advice contained in this communication
(including any attachments) is not intended or written to be used, and cannot be used, for the purpose of
avoiding penalties under the Internal Revenue Code or promoting, mazketing or recommending to
another party any transaction or matter addressed herein
000005
si7izoos
KLEIN, COTE & EDWARDS , LLC
ATTORNEYS AT LAw
HERBERT S. KI,EIN 6sl~kcelaw.vet
LANCER. COTQ PC' hc~`}.'celaw.aN 101 NORM Alll.:t. STREEr, STE. 203
JOSEPH E. EDWARDS, 714 PC j
m(dJ:alaw.vN ASPEN, COLORADO 81611
COREY i.ZURBUCH
etz~J:celawnet TELEPHONE: (970) 925.8700
EBEN P. CLARK epc(J;celaw.vN FACSALLE: (970) 9254977
MADHU B. KRISHNM1UR17 m6k(akcelaw.net w~~w.kcelaw.vet
DAVID C UHLIO dca(d~celaw.vN
' ilw WminM iv CaOfwaia
August 6, 2008
VIA EMAIL
Pitkin County Community Development Duector
c%Cari Anne Holcomb
130 S. Galena Street, 3rd Floor
Aspen, CO 81611
cariannehnco pitkin co us
RE: River Road Ranch, LLC Special Review for a Caretaker Dwelling Unit (P077-08)
Dear Cari Anne:
Thank you for speaking with me today regarding the application of River Road Ranch,
LLC for Special Review of a proposed Caretaker Dwelling Unit (P077-08) (the "Application").
Our firm represents Mr. Paul Theofanous. Mr. Theofanous is the owner of a metes and bounds
parcel located at 2489 Lower River Road in Snowmass and received Public Notice of the
application.
As we discussed, the following is a preliminary list of Mr. Theofanous' objections to the
application in summary form. Based on these objections and pursuant to the terms set forth in
the Public Notice, Mr. Theofanous requests that the Application be continued to a public hearing
on the matter. At or before the public hearing, we can provide you and the appropriate reviewing
body with the details of the objections listed below. Mr. Theofanous reserves the right to refine
and update this list before the public hearing.
Mr. Theofanous states the following objections to the Application:
1. The Application is not sufficiently detailed or complete to allow the public, the
Director or any reviewing body to adequately understand and review the
development proposed.
2. The Application and proposed development is not consistent with the Woody
Creek Master Plan and will increase the population of the area beyond the current
status quo.
3. The Application and proposed development is not consistent with the Pitkin
County Down Valley Comprehensive Plan.
4. The Application and proposed development will injure the value of adjoining and
~Q~~o~
Pitkin County Community Development Director
c/o Cari Anne Holcomb
August 6, 2008
Page 2 of 2
abutting property by increasing development, density, visual impacts and activity
in the azea.
5. The Application and proposed development is not consistent with the intent of the
AR-10 Zone District.
6. The proposed development is not compatible with the character of the immediate
vicinity and will increase the sprawl of residences in an otherwise agriculhual
setting.
7. The location, size, design and operating characteristics of the development are not
in harmony with the surrounding areas and have not been designed to minimize
the adverse effects on the surrounding properties.
8. The Application and proposed development does not conform with the
requirements of the Pitkin County Land Use, and specifically to the Caretaker
Dwelling Unit regulations set out in § 4-30-050(e).
9. The Application and proposed development does not conserve and protect the
Community Balance in the area fiom further degradation and is not consistent
with the Growth Management policies and Land Use patterns applicable to the
area.
10. The Application and proposed development is not consistent with Rural
Development and Agriculture Preservation as required in the Pitkin County Land
Use Code.
11. The Application and proposed development is not consistent with the Pitkin
County Ecological Bill of Rights and represents increased density and further
urbanization of the rural landscape.
Thank you for accepting IVU•. Theofanous' objections and please advise us as soon as
possible regarding the date for the public hea,•ing on this matter.
Best Regards,
c: Mr. Paul Theofanous (email)
Objcction Llr 08-06.OS.doc
Y
Eben P. Clark
KI,EIN, COTE EDWARDS, LLC
r"j~ ~ ;.
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Page 1 of 3
Cari Anne Holcomb
From: Woody Creek [caucus81656@gmail.com]
Sent: Monday, August 11, 2008 10:11 PM
To: Cari Anne Holcomb
Cc: Glenn Horn
Subject: Re: REMINDER: Comments for River Road Ranch LLC Due tomorrow 8-8-08
Cari Anne,
We reviewed your comments today at our meeting. We now understand the miscommunication between
Linda, your office, and Glenn. We can approve this application as submitted.
However, I did want to tell you that we routinely discuss overall square footage during the planning
phase, and expect it to be part of an application Because we review applications in our own
neighborhood, we're often familiaz with existing buildings, and need to understand what the application
is representing. We never see building permits, only land use applications.
Thanks,
Ann
On Fri, Aug 8, 2008 at 1:48 PM, Cazi Anne Holcomb <CariAnne.Holcomb(c~co pitkin.co.us> wrote:
Ann:
Normally we do not require information regarding the adaptation of the existing building to conform to the
maximum limit for a CDU at land use application. This information is normally required at building permit
submission. At the time of building permit, the Applicant must satisfy the various regulations for CDU's
including limiting access, and livable space.
I have forwarded the Caucus' comments to the representative. I do know that additional information was
prepared and dropped off to Linda. It does not appear that the information requested at that time included the
items listed below. Although I left a message for Linda the week prior, I did not receive a call back from her
until one hour prior to the Caucus meeting and on that day I was, unfortunately in a scheduled appointment, so
I was unable to respond or even attempt to get additional information at that late date.
We now have additional time for referral on this case. Would you please have Linda or whoever is now
handling this case contact me with specifics as to what information is still needed for the Caucus to review this
Application? I am unclear about the question regarding total approved square footage. On page 29 of the
application, the Hearing Officer determinations states that the FAR exempt from GMQS/TDR is 5,750 square
feet. Currently all of the development that counts toward FAR is under that limit and will not expand with the
granting of the Special Review for the CDU. Both the representative and I would like to get all the issues
cleared up as soon as possible.
I look forward to speaking with your caucus member(s) soon.
®~O~Qg
9/2/2008
Page 2 of 3
THANKS MUCH
Cari Anne Holcomb
970.920.5092
From: Woody Creek [mailto:caucus81656Calomail com]
Sent: Friday, August 08, 2008 10:40 AM
To: Cari Anne Holcomb
Subject: Re: REMINDER: Comments for River Road Ranch LLC Due tomorrow 8-8-08
Greetings,
The Woody Creek Caucus District Planning Commission has attempted to review the River Road
Ranch LLC Special Review for a CDU application (P077-08). One of our members, Linda Luke,
asked for further information regazding the application, but did not receive the answers we sought.
As submitted, this application did not include total approved square footage. There is not adequate
information about permanently adapting the square footage of the current building to the maximum
limit of 1,000 sq.ft. for a CDU.
We will appreciate receiving the above information.
Sincerely,
Ann Owsley, Secretary
On Thu, Aug 7, 2008 at 3:46 PM, Cari Anne Holcomb <CariAnne Holcomb@co pitkin.co.us> wrote:
Hi All:
Just a reminder that I will need any comments you have on the River Road Ranch LLC Special Review for a
CDU case (P077-08) by the end of the day tomorrow, August 8th. If I don't receive anything, I must assume
there are no questions/concerns.
THANKS
Cari Anne Holcomb
Planner
OOOOQ9
9/2/2008
Page 3 of 3
Community Development
Pifkin County
130 South Galena Street. 3rd Floor. Aspen, CO 87671
970.920.5092 (Phone) 970.920.5439 (FazJ
cahanneh(o)cc o?kin co us
OQQU? 0
9/2/2008
MEMORANDUM
TO: Cari Anne Holcomb, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE: July 31, 2008
RE: RIVER ROAD LLC SPECIAL REVIEW FOR A CDU
Pazcel ID No. 2467-254-00-585; P077-08
ISSUE: The applicant is seeking approval to develop a cazetaker dwelling unit.
CARETAKER DWELLING UNIT: According to Section 4-30-50(e)(1), CDU as Permitted
Accessory Use, in the RS-160, RS-35, RS-3Q RS-20, AR-IQ AR-2, R-30, RO15, R-15A and R-6
zone districts one CDU shall be a permitted accessory use provided that:
1. It isattached to asingle-family home (the principal dwelling).
2. The caretaker dwelling unit shall not exceed 1000 net livable square feet on lots or parcels
that are 30,000 square feet or greater in lot area, and 700 net livable square feet on lots or
parcels that aze less than 30,000 square feet in lot area.
3. The floor azea of the cazetaker unit shall be included in the total allowed floor azea for the
lot or pazcel of land.
4TWOn~off-street parking space shall be provided for each caretaker dwelling unit
5. The applicant shall, by deed restriction or other permanent commitment running with the
land, guarantee that the cazetaker unit:
a. shall not be required to be rented;
b. not be sold or otherwise conveyed or separated from the original parcel regardless
of the ultimate form of ownership of the caretaker unit;
c. be limited to occupancy by not more than two adults and related children, who
qualify as (and have been found by the Housing Authority to be) employees of the
community under such guidelines as may be from time to time established, or by
members of the owner's immediate family even though they may not qualify as
employees ofthe community;
d. shall be rented for terms no less than six months if rented.
6. The caretaker dwelling unit restriction may be removed by the property owner upon
approval of the Community Development Director, subject to the requirement that the
dwelling is removed or modified. If modified, the remaining improvements must no longer
be capable of occupancy as a dwelling unit and must meet otherwise applicable Code
requirements.
~J00(?11
7. The provisions of this regulation aze for the purpose of providing a voluntary caretaker
dwelling unit on a legally created lot or pazcel in the County. Any unit approved under this
provision shall not be used for mitigation of employee housing requirements as established
elsewhere in the Land Use Code.
RECOMMENDATION: Staff recommends approval of this request under the following
conditions:
1. Conditions 1 through 6 stated above aze met.
2. The kitchen contains at a minimum a two-burner stove with oven, standazd sink, and a
refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic
feet; the sink must measure at least 14"WX16"DX5.2S'H; refrigerator must be at least 5.3
cubic feet and include at least a .73 cubic foot freezer.
3. A deed restriction shall be recorded prior to issuance of a building permit.
4. Floor plans of the CDU shall be provided to the Housing Office prior to building permit
approval.
5. Upon completion of the unit, but prior to Certificate of Occupancy, staff may conduct an
inspection of the unit for compliance.
2
600012
Davis Horn~•
PLANNING & REAL ESTATE CONSULTING
June 11, 2007
Cazi Anne Holcomb
Pitkin County Community Development Department
130 South Galena Street
Aspen, CO. 81611
RE: Cherek Property ARVR Lot 4a -Land Use Application Caretaker Dwelling Unit
Deaz Cazi:
The April 10, 2006 Cherek land use application fora 1041 Hazard Review for Aspen River
Valley Ranch Tract 4a was approved on November 20, 2007 pursuant to Determination No. 21 of
2007. Prior to final approval, an amendment to the application was submitted August 10, 2007
which addressed a geologic study and also requested approval for a Cazetaker Dwelling Unit
(CDU). The Community Development Department failed to give the proper public notice for the
CDU review, so the CDU review did not happen simultaneously with the other approvals granted
in Determination No. 21 of 2007. The Community Development Department has now asked
that we again submit an application for the CDU approval and this is that application.
Please refer to Attachment 1, a vicinity map of the property, Attachment 2, the pre-application
conference summary and Attachment 3, proof of ownership showing Charles R. Cherek is the
owner of record. Davis Horn Inc represents Cherek is this application and in the review process.
As the application was submitted under the old Code, the CDU requirements of that Code are
addressed.
Caretaker Dwelling Unit
Special Review: Section 3-210
The applicant is seeking approval for a Caretaker Dwelling Unit (CDU) on the subject site. The
CDU will be located within a building envelope and will either be attached or detached. The
following aze the Special Review standards from the Code which must be addressed for the
approval of a CDU. Land Use Standards appear in bold followed by the applicant's responses.
A. The special review use shall consider the applicable Master Plan.
The creation of a CDU in ARVR is consistent with the Woody Creek Master Plan, the
adopted Master Plan for this area.
B. The special review use shall not conflict with any applicable sections of the Pitkin
County Land Use Code, including the Land Use Policies in Article 2.
ALICE DAVIS AICP S GLENN HORN AICP
215 SOUrH MONARCH 5T. • SUITE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX: 970/925-5180
O O O 0 ~ (~ 9~ adavis@roEnet ghorn@roEnet
As we discussed, the Code sections on Wildlife and Scenic View will not be addressed
except under County Policies as the structure to be used for the proposed CDU is existing
and was part of the review recently approved under Determination No. 21-2008.
Section 2-30-30(h)
Special Review Criteria
The following are the nine special review criteria to be considered in the Special Review
process. The criteria aze summarized in bold, with the applicant's response to follow.
(1) Must comply with all applicable provisions of the Land Use Code and all
applicable Land Use Policies listed in Section 1-60 and all prior development
approvals.
The existing house to be converted to a CDU will comply with all applicable provisions
of the Land Use Code and all applicable policies as well as the development approval in
Determination No. 21 of 2008. The policies are addressed further along in this
application.
(2) A special review use or activity can only be approved if all of the following
criteria are met.
a. The special review use is consistent with the applicable County Master Plan.
The subject property is located in the Snowmass Canyon azea of the Pitkin County
Downvalley Comprehensive Plan, the applicable master plan for the property. CDUs are
consistent with the Plan.
The use does not conflict with any sections of the Pitkin County Land Use Code.
The CDU use does not conflict with any section of the Land Use Code. The applicable
policies and standards aze addressed later in this application.
b. The proposed development must not materially endanger the public health
safety and welfare.
The proposed CDU will not materially endanger the public health, safety and welfaze.
c. The special review use must not substantially injure the value of adjoining or
abutting property.
The CDU will not injure the value of adjoining or abutting property and the
redevelopment of the sites may possibly enhance the value of the azea.
e. The use shall be consistent with the intent of the zone district in which it is
located.
0000 Z
The CDU will be consistent with the intent of the AR-10 zone district.
f. The special review use shall be compatible with the character of the
immediate vicinity of the parcel proposed for development and surrounding
land uses or shall enhance the mixture of complimentary uses and activities
in the immediate vicinity.
The CDU will be compatible with the character of the vicinity and the surrounding land
uses. The redevelopment of the subject property and conversion of the an existing house
to a CDU is compatible with the chazacter of the area and the mixture of uses in the
vicinity.
g. The location, size, design and operating characteristics of the use must be in
harmony with the surrounding area and minimize adverse effect, including
visual impacts, impacts on pedestrian and vehicular circulation, traffic
generation, parking, trash, service delivery, air and water pollution or other
impacts on natural resources, noise, vibrations and odor on surrounding
properties.
The location, size, design and operating chazacteristics of the CDU will be similar to
those in existence and will be in harmony with the surrounding azea. There will be
minimal additional impacts to the traffic, pazking, trash, pollution, noise, etc. on the
surrounding properties. The benefit of such a desirable CDU will faz outweigh the
minimal impacts of retaining and converting the existing home to a CDU, especially
since the minimal impacts have been realized under the existing use of a free market
house.
h. There must be adequate public facilities and services to serve the special
review use, including but not limited to roads, potable water, sewer, solid
waste, parks, police, fire protection, emergency medical services, hospital and
medical services, drainage systems, and schools.
Public facilities and services are available and will not be an issue. The benefits of
having a desirable CDU outweigh any very minor impacts which will occur. Water is
from a residential exempt well which can service up to three residences. Please refer to
Attachment 4 for the Well Permit Number for the property which provides proof of
adequate water.
The proposed special review use must comply with any additional standards
or requirements stated for such use in Sec 4-30 and/ or Section 2-40-20.
The proposal will comply with the Code sections 4-30 and 2-40-20 and will therefore
meet this criterion.
0000 3
The proposed CDU complies with the above nine special review criteria given in Section
2-30-30(h) of the Land Use Code.
Caretaker Dwelling Unit
Section 4-30-50(e)(1)(2)
The applicant is seeking approval for a detached Caretaker Dwelling Units (CDU)m the
conversion of an existing house. This section of the application demonstrates compliance
with Section 4-30-50(e)(1)(2). Standards appear in bold followed by the applicant's
responses.
(e) Caretaker Dwelling Unit
These standards are for the purposes of providing a voluntary caretaker dwelling
unit on a legally created lot or parcel in the County. Caretaker dwelling units
created pursuant to these provisions, shall not be used for mitigation of employee
housing requirements as established elsewhere in this Land Use Code.
(1) CDU AS PERMITTED ACCESSORY USE
In the RS-160, RS-35, RS-30, RS-20, AR-10, AR-2, R-30, R-15, R-15A, and
R-6 zone districts, one (1) caretaker dwelling unit shall be a permitted
accessory use provided that:
(a) It is attached to a single family home (" principal dwelling);
(b) The lot or parcel on which it is located conforms to the minimum lot are
requirements for each dwelling in the zone district in which the caretaker
dwelling unit is located, as shown in Table 5-1;
(c) The caretaker dwelling unit shall not exceed one thousand (1,000) net
livable square feet on lots or parcels that are thirty thousand (30,000)
square feet or greater in lot area, and seven hundred (700) net livable
square feet on lots or parcels that are less than thirty thousand (30,000)
square feet in lot area;
(d) The floor area of the caretaker unit shall be included in the total allowed
floor area for the lot or parcel of land (e.g., if the CDU is seven hundred
(700) square feet, the maximum total area of the primary residence and
other included accessory structures shall be seven hundred (700) square
feet less than what would apply without the CDU);
OOOU 4 a
(e) One (I) off-street parking space shall be provided for each caretaker
dwelling unit.
(n The applicant shall by deed restriction or other permanent commitment
running with the land guarantee that the caretaker dwelling unit:
1. Shall not be required to be rented;
2. Shall not be sold or otherwise conveyed or separated from the original
parcel regardless of the ultimate form of ownership of the caretaker
unit;
3. Shall be limited to occupancy by (i) not more than two (2) adults, and
related children, who qualify as (and have been found by the Housing
Office to be) employees of the community under such guidelines as
may from time to time be established, or (ii) members of the owner's
immediate family, even though they may not qualify as employees of
the community.
4. Shall be rented for terms not less than six (6) months if rented.
(g) The Caretaker Dwelling Unit restriction may be removed by the property
owner upon approval of the Community Development Director, subject
to the requirement that the dwelling is removed or modified. If modified,
the remaining improvements must no longer be capable of occupancy as a
dwelling unit and must meet otherwise applicable requirements of this
Land Use Code.
(hJ The provisions of this regulation are for the purpose of providing a
voluntary Caretaker Dwelling Unit on a legally created lot or parcel in
the County. Any unit approved under this provision of this Land Use
Code shall not be used for mitigation of employee housing requirements
as established elsewhere in this Land Use Code.
(2) CDU AS SPECIAL REVIEW ACCESSORY USE
A caretaker dwelling unit that is (a) located in the LIR-35,VR B-2, VC, P-1, or T
zone district, or (b) located on a lot or parcel that does not meet the minimum lot
area requirements for each dwelling unit in the zone district where it is located,
as set forth in Table 5-1, or (c) is detached from the principal single family
dwelling on the lot or parcel, shall require approval through the Special Review
Use process in Chapter 2, and shall meet the requirements of subsections (I)(c )
through (1)(g) above.
The applicant will comply with all of the preceding standards. The properties are located
in the AR-10 zone district. Section (2)(c) above applies as the proposed CDU will be
detached from the principal single family dwelling on the parcel. Therefore, the Special
0000 5
Review process addressed herein is required and the requirements of (1)(c) through
(I)(g) above will be met.
GMQS Exemption for Caretaker Dwelling Units.
Section 6-30-40(c )
This Code Section states the three types of deed restricted dwelling units that may be exempt
from Growth Management. The proposed CDU falls under the third type of unit eligible for
GMQS Exemption, deed restricted CDUs and the applicant is requesting this exemption. Item c
states that one CDU may be exempt from GM on any lot or pazcel located in a zone district in
which a CDU is an allowed or special review use, subject to the standards in 4-30-50(e). The
CDU may be attached or detached from the principal dwelling. The detached CDU proposed
meet these criteria.
Compliance with County Land Use Code Policies and Standards
Section 1-60
As required by the first criteria in the Special Review process, this section demonstrates
consistency of the land use request with the applicable County Land Use Policies and
compliance with applicable Land Use Code Standazds. The Land Use Code language appears in
bold followed by the applicant's responses.
1-60: GENERAL LAND USE POLICIES
This section contains Pitkin County's land use policies. These policies serve as basic
guidelines for the formulation of the regulations contained in this Land Use Code and the
review of development applications. Where there is a conflict between a policy and an
adopted standard, the standard shall supersede the policy.
1-60-10: PITHIN COUNTY COMPREHENSIVE PLAN
It is the policy of the County to adopt comprehensive plans for the County and regularly
update these plans. Throughout this Land Use Code, references to the Pitkin County
Comprehensive Plan include the Overview Pitkin County Comprehensive Plan, which
encompasses the concepts, policies, actions and common themes contained within all
adopted Land Use Master Plans in the County. Where there is any conflict between the
Overview and any other adopted Land Use Master Plan, the Overview shall govern.
The proposal is consistent with the Pitkin County Downvalley Comprehensive Plan. Converting
an existing older home to a CDU will provide desirable, affordable employee housing.
1-60-20: CONFORMANCE WITH THE PITHIN COUNTY COMPREHENSIVE PLAN
0000 6
It is the policy of the County to ensure that the use and development of land within Pitkin
County and any actions committing such land to development or a change in use should
consider Pitkin County's Comprehensive Plan.
The Downvalley Comprehensive Plan is the applicable Master Plan. The proposal is consistent
with this Plan.
1-60-30: COMMUNITY BALANCE
The dominant policy of Pitkin County is to conserve and protect from Further degradation
the present natural environment and its resources. Development that can be
accommodated within these limits will be managed to maintain a balance between
residential (free-market and affordable), commercial and tourist accommodations.
The applicant's requests are consistent with the Community Balance Policy.
1-60-40: GROWTH MANAGEMENT
It is the policy of the County to manage the rate at which development applications are
approved, as well as the type, location, quality and ultimate quantity of growth.
The applicant's request is consistent with the Growth Management Policy.
1-60-50: GROWTH RATE: PHASING OF PUBLIC SERVICES AND FACILITIES
It is the policy of the County to maintain and improve the quality of life of its residents. To
this end, the County will manage the location and timing of development in the residential,
commercial and tourist accommodation sectors. The provision and location of public
services and facilities should support development that is consistent with the Pitkin County
Comprehensive Plan. To ensure that growth is consistent with the Pitkin County
Comprehensive Plan the County will maintain a Growth Management Quota System
(GMQS).
The proposed conversion of an existing home to a CDU will not impact the rate of growth which
has been previously approved. The retention of an existing home for use as a CDU while still
allowing the development of free market home on a parcel, is anticipated in the projected growth
rate.
1-60-60:LAND USE PATTERNS
~0~~
It is the policy of the County that future urban development will be located within adopted
Urban Growth Boundaries in order to eliminate residential sprawl and strip commercial
development, to ensure the provision of adequate service levels, to preserve agriculture and
open space land uses, and to maximize the utility of funds invested in public facilities and
services. Lands outside the growth boundaries will be deemed most appropriate for the
preservation of agriculture, natural habitat, environmental resources, open space and rural
residential uses.
The proposed CDU will not affect the overall land use pattern in the County.
1-60-70: RURAL DEVELOPMENT
When proposing future development outside of Urban Growth Boundaries, the following
elements should be considered:
(a) Pitkin County seeks to preserve its natural, rural scenery and natural
landmarks for the benefit of its residents and the continued viability of its resort
economy.
(b) Planned unit style development (PUD), designed to integrate siting in
harmony with the environment and consistent with land use policies, is encouraged.
Such development tends to minimize the cost of governmental and other services,
maximize open space, preserve agricultural lands, and minimize automobile
congestion and hazardous conditions on public roads and highways.
(c) New development should be compatible with and not fundamentally change
the character of any neighborhood or area.
(d) Pitkin County does not generally support extensions of public utilities such as
municipal water and sewer lines outside of the Urban Growth Boundaries (UGBs).
(e) New commercial development should be located within established Urban
Growth Boundaries unless it is of a scale and capacity deemed to be appropriate
within identified boundaries.
(f) Transfer of development rights (TDRs) may be appropriate to preserve and
protect rural character, open space, scenic features, and environmental resources,
and to avoid development in environmentally constrained areas.
(g) To the extent possible, the County seeks to protect scenic corridors along
highways, county roadways and mountain road systems.
(h) It is the policy of the County that development not impede the ability of
citizens to view the night sky without the interference of artificial light.
0000 8
The proposed CDU will not affect the rural development pattern in Pitkin County.
1-60-80: AGRICULTURAL PRESERVATION
(a) Productive agricultural land is a limited resource of environmental, cultural,
open space, visual and economic value that should be conserved and preserved.
(b) All new development in areas surrounding or incorporated within existing
agricultural properties should be designed to minimize impacts to agricultural
operations.
(c) Preservation and utilization of water for agricultural lands within the county
is encouraged.
(d) The fragmentation of large parcels of agricultural land is discouraged and
the assemblage of smaller parcels into larger, more manageable and agriculturally
productive tracts is encouraged.
(e) Pitkin County supports a" right-to-farm legislation.
(f) Pitkin County promotes the viability of agricultural lands and operations
within Pitkin County and supports preservation of large tracts of land now
committed to or capable of agricultural uses.
The proposed CDU will not create inconsistencies with this policy.
1-60-90: WILDERNESS
Pitkin County supports protection of designated Wilderness areas within and surrounding
Pitkin County as these areas provide residents and visitors with vistas and opportunities
for experiencing the natural environment while renewing their "mind, body and spirit. Thf
County encourages management of adjacent and neighboring land to preserve the integrity
of the wilderness areas.
The subject parcels are not proximate to wilderness areas and this is not applicable.
I-60-100: RECREATION
9
0000 9
The County recognizes the fundamental importance of recreation and tourism to the local
economy and encourages the provision of services and facilities necessary for the
continuation of existing activities, consistent with other goals and policies of the County. It
is the policy of the County to support preservation of the physical environment; to improve
county-wide recreational and trail opportunities; to support citizens' rights of appropriate
access to public lands on roads and trails historically open to the public; to secure new
access points consistent with County and Federal land use plans; and to protect existing
open space from urbanization and development in order to maintain quality of life and
enjoyment of the environment.
This policy is not applicable.
1-60-110: SKI AREAS
Pitkin County favors the expansion of uses within existing permitted ski area boundaries,
with a focus on expanding uses during non-peak periods, but does not support new alpine
ski area proposals. Coordination with the Forest Service and ski area proponents
regarding ski area development will consider both on and off-site impacts such as
affordable housing, transportation, waterways, air quality and adjacent neighborhoods.
This policy is not applicable to the site.
1-60-120: CAMPING
The County supports maintenance of existing campgrounds at their current capacities.
This policy is not applicable to the subject property.
1-60-130: TRAILS
Non-motorized transportation alternatives, such as trails for bicycles, horses, pedestrians
and cross-country skiers are encouraged.
The County supports preservation and enhancement of access to trails; and development of
bike and pedestrian ways that provide links between communities, residential and
employment areas, commercial centers, recreational and open space areas, and educational
facilities. Where motorized and non-motorized uses of trails are proposed or exist in
common or in close proximity to one another, the County supports consideration of
separate and distinct trails for each use.
This policy is not applicable.
1-60-140: OPEN SPACE AND TRAILS BOARD
o~U~~® 10
The County supports the Open Space and Trails Board in the acquisition and maintenance
of open space parcels, conservation easements, trails and facilities such as trailheads, parks,
river access points for boating or fishing purposes and access to public lands. Parks, open
space and public recreation facilities are encouraged throughout the county.
This policy is not applicable.
1-60-150: COMPATIBILITY WITH EXISTING ADJACENT NEIGHBORHOODS
It is the policy of the County to insure land use proposals are compatible with existing
neighborhoods. To this end, the County will provide notification of pending land use
applications to the affected adjoining property owners, homeowners associations and
neighborhood caucus groups when appropriate.
The proposed CDU is residential and appropriate for the vicinity and sun•ounding azea.
Compatibility issues are addressed in the special review process above as well. The subject
project meets this policy.
1-60-160: COMPATIBILITY WITH PUBLIC LANDS
It is the policy of the County to support the preservation and protection of public lands
from the impacts of incompatible development by promoting land uses within and nearby
public lands that are compatible with public use of those lands and with the preservation of
the natural environment.
This policy is not applicable as there are no public lands nearby.
1-60-170: PRIVATE LAND SURROUNDED BY PUBLIC LANDS (INHOLDINGS)
It is the policy of the County to promote and encourage the transfer of private inholdings to
public ownership with the objective of promoting consistent management of the public
lands to reduce conflicts between private owners and developers and the public at large.
This policy is not applicable to the subject properties.
I-60-180: ECOLOGICAL BILL OF RIGHTS (EBOR)
As the integrity of our ecosystem is increasingly challenged by human activity, and
population growth and the accompanying sprawl are seriously damaging and threatening
to destroy the ecological carrying capacity (environmental sustainability) of the region, it is
the policy of the County to implement the following rights:
(a) The right to breathe cleans air and enjoys clear vistas.
(b) The right to the preservation of natural riparian areas and wetlands.
(c) The right to permanently protected minimum stream flows in rivers and creeks.
000011 11
(d) The right to the preservation and restoration of native wildlife and plant diversity
by preservation of sufficient habitat.
(e) The right to protection of designated wilderness through management of adjoining
land in a way that preserves the integrity of the wilderness areas.
(f) The right to a landscape kept free of noxious and invasive weeds.
(g) The right of appropriate access to public lands on roads and trails historically
open to the public, consistent with the nature and designation of the public lands.
(h) The right to dedicated open space protected from urbanization and development.
(i) The right to the efficient and renewable use of energy.
(j) The right to be free from excessive noise.
(k) The right to see the night sky without the interference of unnecessary artificial
light from growth, urbanization and highway development.
(1) The right to the absolute minimum involuntary exposure to toxic chemicals,
radioactive substances and energy forms that is hazardous to health.
(m) The right to maintain and not exceed the carrying capacity (sustainability) of the
land and water, including protecting water quality.
(n) The right to expect government legislation and active enforcement of land use and
development regulations consistent with this Ecological Bill of Rights.
The conversion of an existing home to a CDU will be compatible with this policy.
1-60-190: NATURAL AND MAN-MADE HAZARD AND RESOURCE AREAS
It is the policy of the County that development be sited in locations that avoid natural
hazard areas, and where avoidance is not possible, in locations where mitigation is designed
to minimize potential harm to life, safety, health, and property.
The proposed CDU will avoid natural and man-made hazard areas. County approval for the
redevelopment of the existing home was granted through Determination No. 21-2008. Natural
and man-made hazards have been considered in this prior review of the property.
1-60-200: SOIL, SURFICIAL GEOLOGIC CHARACTERISTICS AND RADIATION
It is the policy of the County that development not be located in areas subject to radiation
and geologic hazards.
The proposed development avoids these hazard azeas.
1-60-210: DRAINAGE
It is the policy of the County that development not disturb the integrity of existing and
natural drainage patterns, and to discourage land use and development activities that
subject areas to increased potential for damage by flood, erosion or sedimentation, or
increase the potential for water pollution.
®~~~~ 12
The conversion of an existing home to a CDU will be completed within the approved building
envelope, so no additional drainage impacts will be created. This policy is met.
I-60-220: EROSION
It is the policy of the County that development not contribute to the erosion of soil and rock
and that natural vegetative cover be maintained and that areas disturbed by land use or
development activities be revegetated.
The owner will submit an erosion control plan as part of the construction management process.
1-60-230: SCENIC QUALITY
It is the policy of the County that its natural, rural scenery be preserved for the benefit of
its residents and the continued viability of its resort economy. Undergrounding of utility
lines is supported where and when appropriate to minimize visual impact.
Scenic quality will not be affected by the proposed amendment. Scenic issues were discussed in
the prior application which has been approved.
1-60-240: CULTURAL/HISTORICAL RESOURCES
It is the policy of the County that historic and archaeological resources that meet national,
state, or local criteria for historic designation are preserved, protected from neglect,
destruction or harmful alteration, and maintained.
This policy is not applicable.
1-60-250: AIR QUALITY
It is the policy of the County that development not degrade air quality.
The applicant will comply with all air quality standards of Pitkin County and the State of
Colorado.
I-60-260: ENERGY CONSERVATION
New development is encouraged to incorporate energy conserving and alternative energy
systems and building systems that minimize consumption of energy.
The CDU will comply with or exceed Pitkin County's energy codes.
1-60-270: NOISE
000013 13
It is the policy of the County that development will not generate noise which would
adversely impact community noise levels.
The proposed development will comply with local and state noise abatement Codes.
1-60-280: WATER RESOURCES AND AQUATIC/RIPARIAN/WETLAND AREA
(1) It is the policy of the County to preserve and protect its present water
resources, recognizing the county's semi-arid character and that significant
transmountain and transbasin diversions and the vested rights of senior
appropriators have materially curtailed the availability of water resources.
Furthermore, wetlands and riparian ecosystems, which are important to
maintaining the overall balance of ecological systems; and are important plant
communities, wildlife habitat and movement corridors, should be conserved,
protected and restored. The County seeks to protect citizens' rights to permanently
protected minimum stream flows in rivers and creeks, and to the preservation of
remaining natural riparian areas and wetlands.
(2) Land uses within the region should be designed to preserve and protect
present water resources, including surface and groundwater, and to avoid
significant adverse affects on the quantity, quality, or dependability of water
resources in the County. Land uses should protect against significant increased
salinization of water, loss of minimum instream flows, and the need for future major
public expenditures to reacquire or redistribute water resources.
(3) To protect water resources and/or riparian habitat, development in areas
adjacent to water bodies, functional irrigation ditches and natural watercourse
areas should maintain adequate setbacks where necessary.
Site development will be consistent with this policy.
1-60-290: WILDLIFE
It is the policy of the County that proposed land uses (including structures) are compatible
with the ecosystem of wildlife habitats and do not pose immediate, long term or potential
detrimental impacts to such habitats. The County seeks to preserve, restore and perpetuate
native wildlife and plant diversity by maintaining sufficient habitat.
Site development will comply with this policy.
1-60-300: LOGICAL EXTENSION OF UTILITIES
DO~OI~t 14
It is the policy of the County to regulate public and private utility extensions. Areas served
by such extensions must be found suitable for development in accordance with the Pitlcin
County Comprehensive Plan.
All utilities are already located on site. The property has a residential exempt well which can
service up to three residences. Proof of this adequate water supply is found in Attachment 4, the
Well Pennit for the subject property.
1-60-310: ADEQUATE PROVISION FOR WATER NEEDS
It is the policy of the County that the availability of a water supply of adequate quantity,
pressure and dependability for fire protection and support of a proposed land use be in
place prior to approval of the use.
As mentioned previously, the property has a residential exempt well which can service up to
three residences. Proof of this adequate water supply is found in Attachment 4, the Well Permit
for the subject property.
1-60-320: SEWAGE TREATMENT
It is the policy of the County that adequate sewage treatment facilities are feasible and
available to serve existing and new developments.
The existing home has an adequate waste water disposal system which will be sufficient for the
home after conversion to a CDU. The applicant will also comply with the conditions of the
recent approval for the subject site.
1-60-330: SOLID WASTE MANAGEMENT
Pitkin County is committed to all economically and environmentally appropriate processes
that are directed toward reuse opportunities and the prolonging of landfill life. The County
supports efforts to reduce waste generation and the amount of solid waste disposed of in
landfills, and to implement effective resource recovery and recycling activities.
This policy is not applicable to the land use application.
1-60-340: TRANSPORTATION/TRANSITBOADS
(a) The County encourages transportation programs consistent with the County Asset
Management Plan; modes and land use patterns that minimize automobile
congestion, promote safety and reduce sources of air pollution.
(b) The County supports preservation of rail corridors for potential development of rail
or other improved transit/trail alternatives in the future. No development should be
allowed to prevent the options of the Community to pursue rail, trail or other
improved transit alternatives along such corridors.
~U~~1J 15
(c) Where practical as a means of retaining rural character, the County seeks to retain
existing unpaved roads and to preclude the extension of winter maintenance on
rural roads.
(d) The County seeks cooperation with emergency service agencies in establishing
emergency access road standards that adequately address safety needs in the
context of rural character.
(e) Development that generates traffic volumes in excess of the capacity of the County
road system or that causes significant service level reductions is discouraged.
(f) Appropriate buffer strips should be preserved along federal, state and local
roadways to protect public views, minimize safety concerns and environmental
impacts, and to preserve corridors for Future transportation facilities.
(g) Roadway capacity improvements should integrate alternative modes of
transportation, such as bicycles and transit, and pedestrian ways so as to add
"people carrying" capacity to the roadway, not just vehicular capacity, whenever
feasible.
(h) New and upgraded roadways should be designed, engineered and constructed to
minimize environmental and aesthetic damage and future maintenance costs
consistent with public safety needs.
There will be minimal affect on the local road system resulting from the proposal.
1-60-350: PITHIN COUNTY AIRPORT (SARDY FIELD)
The County will partner with public, private and non-profit entities to support continued
air safety, reliable and efficient air service at Sardy Field. Neighborhood impacts will be
considered relative to expansions or improvements that would promote aviation
operations.
This policy is not applicable to the land use application.
1-60-360: TELECOMMUNICATIONS
The County encourages adequate, minimal impact regional and community
telecommunications facilities to serve the needs of governments, emergency services,
businesses, and citizens of Pitkin County.
(a) Where a telecommunications system utilizes a network of facilities, a comprehensive
approach should be taken for evaluating potential sites in Pitkin County with a view
to minimizing the number of sites required and any adverse impact.
QQQQ~6 16
(b) When feasible and not otherwise detrimental, multiple telecommunications facilities
should be consolidated onto common towers, and/or located adjacent to, on or
incorporated into existing or proposed buildings or other structures.
This policy is not applicable to the land use application.
1-60-370: CITIZEN HOUSING
It is the policy of the County to encourage the existence of a supply of desirable and
affordable housing for persons employed in Pitkin County, senior citizens, the
handicapped, and other qualified persons of Pitkin County. Pitkin County seeks to
preserve existing affordable housing to the extent possible; and to encourage the
development of affordable housing within established Urban Growth Boundaries, where
employment, services and facilities are typically already established.
(a) It is the policy of Pitkin County to promote the availability of affordable housing for
employees generated by proposed development.
(b) A diversity of housing types and densities is encouraged in order to ensure
affordable housing for a range of individual and families. Deed restricted housing
that ensures occupancy by full time residents is preferred for development,
especially within Urban Growth Boundaries.
(c) Affordable housing of urban or suburban densities is not encouraged outside the
Urban Growth Boundaries if it promotes sprawl or other development inconsistent
with this or other policies or regulations of the County. Affordable housing outside
Urban Growth Boundaries may be acceptable if it is: (i) Employee Dwelling Units
(EDU) and Caretaker Dwelling Units (CDU); (ii) job related on-site housin iii
conversion of existing locally serving housing; (iv) on-site required mitigation( )
housing; or (v) replacement of existing affordable housing.
(d) Quality residential areas, which function as integral neighborhood units, are
encouraged.
(e) Rehabilitation of existing residential facilities should be promoted where feasible.
The purchase and buy-down of existing units throughout the county is encouraged
since it promotes affordable housing goals without increasing growth rates or
impacts.
(f) Special attention should be directed to providing for dispersal of housing for low
and moderate income families and low income senior citizens throughout the
residential areas of the Urban Growth Boundaries with due consideration to other
policies of the County and the availability of water and sewer service, fire
000017 17
protection, public transportation, employment, shopping, schools, social services,
and recreational activities.
(g) The use of energy conservation and innovative home building techniques in order to
reduce construction and/or operating costs without sacrificing safety or desirability
of the housing shall be encouraged and supported. When appropriate, the revision
or adoption of building codes will be encouraged to meet this objective. For deed
restricted housing projects, a preference will be given to developers and contractors
that utilize such techniques.
This land use application proposes the addition of a desirable, affordable CDU, an important
community benefit for the housing program.
1-60-380:REQUIRE THAT DEVELOPMENT BEAR AN EQUITABLE SHARE OF
RELATED BURDENS
It is the policy of the County that new development must pay an equitable share that would
otherwise be borne by the general public, and/or make equitable contributions,
commensurate with its impacts, to ensure that no reduction in the quality of services,
public facilities or programs occurs as a result of the development.
The applicant will comply with this policy.
I-60-390: GENERAL GOVERNMENT/PUBLIC PARTICIPATION AND PLANNING
PROCESSES
(a) Pitkin County acknowledges the benefit of regional planning. To that end, the
County supports planning efforts between counties, towns, state and federal
agencies. These cross-jurisdictional approaches are most notably important in the
venues of transportation, housing, open space, water resources, agricultural lands,
solid waste facilities, public safety, wildfire mitigation and human and social
services. Intergovernmental agreements are encouraged to facilitate implementation
of common land use goals.
(b) The County encourages general public participation when public and quasi-public
bodies are making decisions, which significantly affect citizens and the formation of
specific citizen advisory groups to participate in planning-related matters.
(c) Pitkin County promotes the preparation of community-based plans by Caucuses or
other neighborhood groups that are consistent with the policies herein, and other
policies adopted by the Board of County Commissioners. Recognizing the unique
qualities and issues inherent in our County, creative approaches to land use are
encouraged.
This policy is not applicable to the application.
~D~U1~ 18
1-60-400: ECONOMIC SUSTAINABILITY AND CONDITION
A balanced, diversified economy should be promoted in order to maintain and enhance the
quality of life in our community. The economy should offer desirable local employment
opportunities without creating significant job growth. Desirable local businesses may
include those that utilize environmentally sustaining operating practices, recycle monies
back into the local economy, and do not adversely impact surrounding areas.
This policy is not applicable to the application.
1-60-410: CONFORMANCE WITH OTHER LAWS
It is the policy of the County to consider whether approval of uses or development of lands
within Pitkin County is consistent with applicable laws of the United State of America and
the State of Colorado.
The applicant will comply with this policy.
SUMMARY
This land use application seeks approval for an existing home at 2553 Lower River Road to be
retained and converted to a CDU when the new home is re-developed on the property. This
application has demonstrated compliance with the applicable sections of the Code. The following
is a list of Attachments.
Attachmentl: Vicinity Map;
Attachment 2: Pre-Application Conference Summary Sheet;
Attachment 3: Proof of Ownership;
Attachment 4: Water Well Permit -Proving adequate water supply for the CDU;
Attachment 5: Heazing Officer Determination No. 21 of 2008;
Attachment 6: Fee Agreement;
Attachment 7: Authorization Letter; and
Attachment 8: List of Adjacent Property Owners.
Please contact me if you need any additional information.
Sincerely,
DAMS HORN INCORPORATED
GLENN HORN AICP
000019 19
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PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMAtta c h m e n t 2
DATE: June 3, 2008 PLANNER: Cari Anne Holcomb 970.920.5092
PROJECT: Cherek CDU (_p~ ~~ PID# 2467-254-00-60685
LOCATION: 268 Lower F3iver Rd, Aspen Valley River Ranch LLC 5
SIZE: 37.97 Acres z 3 S 3 ZONING: AR-10
OWNER: River Road Ranch LLC/Chuck Cherek
REPRESENTATIVE: Glenn Horn PHONE and EMAIL: 970.925.6587
cahornla~rof.net
Type of Application: Special Review for a CDU
Description of Project/Development: The Applicant is requesting Special Review approval. Proof of adequate
water will need to be provided for the additional dwelling.
Land Use Code Sections to be addressed in letter of request (aaolicationl•
Sec. 2-20-10(e): Requirement for Development Permit;
Sec. 2-30-30(h): Special Review for a CDU;
Sec. 2-40-20(f): Additional Special Review Procedures for CDU's;
Sec. 4-30-50(e)(1)(2): Caretaker Dwelling Unit;
Sec. 6-30-40.c, GMOS Exemption for CDU;
Sec. 7-20-70: Wildlife Habitat (Mapped for Mule Deer Summer, Winter and Severe Winter Range and Elk
Winter and Overall Range);
Sec. 7-20-120: Scenic View
Staff will refer the application to the following agencies: Housing, Woody Creek Caucus, Basalt Fire District,
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 Z weeks from the date the notice is
postmarked to submit comments or objections to the Community Development Department.
FEES: $1006 (make check payable to "Pitkin County Treasurer")
Planning Office flat fee: $748 (non-refundable; based on 3 hours). If staff review time exceeds 3.6 hours,
the Applicant will be charged for additional time above 3 hours at a rate of $249/hour)
o Housing Referral Fee: $ 179
o Public Notice Fee: $54
o Web Technology Fee: $25
To apply, submit 4 cOD1eS of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and
addressing compliance with the Code sections listed above.
2. 24" x 36" and 11" x 17" site plan as designated in Section 2.1.3 of the Pitkin County Land Use Application
Manual;
3. Previous Land Use Approvals (if applicable);
4. Proof of water for an additional dwelling
5. Proof of ownership of subject property;
ODUU21
6. Parcel description, including legal description and vicinity map; ~*
7. Total fee for review of the application;
8. Signed fee agreement (1 copy);
9. Consent from owner(s) to process application and authorizing the representative (1 copy)
10. List of all adjacent property owners and mineral estate owners (1 copy)
11. Copies of this pre-app form
NOTES:
- PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION.
PLEASE SUBMITTWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (lF
POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR
APPLICATION.
- ALL MAPS SHALL BE FOLDED.
- This pre-application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staff's interpretations
based upon representations of the applicant. Additional information maybe required upon a complete
review of the application.
000022
Attachment 3
COMNIITME)~ FOR TITLE II~iSURANCE
SCEi~EDtTLH A
1. Effective Date: June 28, 2007 at 8:00 AM
Case No. B5172L3
2. Rolicy or Policies to be Issued:
(a) ALTA Owner's Policy-Form 1992 Amount$ 0.00
Proposed Insured: Premium$ 0.00
RIVER ROAD RANCH LLC, a Colorado Limited Liability Company ate.
(b) ALTA Loan Policy-Form 1992
Amount$ ::'_ .;.
Proposed Insured: Premium$ -:
•< „ ~,
'"`''`" ~ ~
AND/OR ASSIGNS Rate: Re-Issue
COLORADq CORPORATION, ITS SUCCESSORS
(c) ALTA Loan Policy-Form 1992 Amount$
Proposed Insured: Premium$
Rate:
Tax Certificate: $10.00
3. Title to the FEE SIMPLE estate or interest In the land described or referred to In this Commitment Is at the
effective date hereof vested in:
CHARLES R. CHEREK
4. The land refereed to in this Commitment is situated in.the County of PITKIN State of COLORADO and is
described as follows:
See Attached Exhibit "A"
Fl'rKIN CoUnrrY TITLE, rrrc.
231' b4DI.AND AVBNU$, SU11'E 103
BASALT, COLORADO 81621
~agn.~rxoxs
970.921-1096FAX
$88~3G64949-TOLL FREE
E•Mdl: Fctb~Oprlan~
AOTHORIZ®AGSNT
Countersigned:
Schedule A-PG,1
Tide co~,ntt~,tl8+maud
~ fl,a tneurtng
Px»viNaxu and sched„lee
A and B are attached.
000023
Attachment '}
Form No. OFFICE OF THE STATE ENGINEER
cws-2s COLOR/~DO DIVISION OF WATER RESOURCES
818 CenlennW ., 7313 SMnnan SI., Denver, CoMWO 80203
(303) 88&3581
WELL PERMIT NUMBER _ 277603 -
P L ANT DIV. 5 WD35 DES. BASIN MD
-~
Lot 4 Blook. Flirp. SulWly; ASPEN RNER VALLEY RANCH
APPROVED WELL LOCATION
PITKIN COUNTY
SE 1/4 SE 1/4 Section 25
RIVER ROAD RANCH LLC Township S S Range t38 W SIMh P.M.
2553 LOWER RIVER RANCH DISTANCES FROM rTION iuFe
SNOWMASS, CO 51854 500 Ft. hom SouM SecSon Line
950 Ft. from Eest Sector Une
(970) 309-0845 SLIM S.OORDINATES truer... ~,.,.e•,z .~
ISSUANCE OF THI3 PERMIT DOES NOT CONFER A WATER RIOHT
CONDITR)NS OF APPROVa
i 1) Thh ws8 shall tb used M N1C11 a way ae to Cease no materlN InJury b erdadng water dghls. The iwuanoe or this permh
~~, d0ee trot anWre that no InJury will Dear to arp6nr vestetl WHH ripM or preclude another owner of a vested water ngM Rom
seaMng tNle/ in a civil court action.
2) ConaWcOOn deta8e for Mis exisdng well haw not been provided W this olpea; therefore, it is trot known ilthe conatruc0on
o! tlrie wstl is in oomppance wi5t the Water Wep Cotuuuctlon Rules, Z CCR402-2. The Issuance of this pmnl does not
npsw fhe well ameroiraeponalblNty.or pabppy In the ewm cwdaMnatlon of Ere gmuntlwater aarce resale fiom the
construction w use of Ws well, nor does 1M 6tat9 Furpftresr aseums arty reaponsibpily or 1lebility should oonteminatbn
Dear.
3) Apgoved punueM to CRS 37.182-0p2(3)(bHlg(A) es the only well on a Itect o/tand of 37.9 acres deeedbed as lot s, Aspen
Rtwr Ranch dMakat of lend, PNWn County, Flxlhsr itlan511ad ae 2853 Lower River Road, Snowiness, CO 51554.
4) Mproved for the InstalYtlon of a pump kt, and tM uu of, en exising well, construMed an an unknown dale to an unknown
date, wllhout a valid permit
5) Ths use of ground water from thb well b Omlhd fo fin prolsWOru On111Wy househdd purposes Inside root more then
three (31 single famiy daallltt{p, the wtdabp of PoulaY, domeaie animals and lvestock on a farm or ranch and rho
inigatlon of not more than one (1) acre of home pardons and Isvms.
e) The pumping re4 of Gds veal shall trot ezcesd 78 OPM.
7) The rNtnn tbw from Ura ass 0l thb wag must ha thratgh an kWlNduai waNe went disposal system o/ Ma
non-BVSPoreave hw when Ow water is rolumed to pre sums sbasm system in which the wag fs located.
8) Thb well shall bs krcated not more then 200 feat from Uw IocaOon specified on Ws pertniL
NOTE: Parcel Idelr9ficatbn Number (PIN): x9.2467.26400.585 •~ ~"` ~
NOTE: Assessor Tex SchedNe Number. 8009080 ~ r~Z r/ aog
DMW
Sttls E i a~
Coo ln/
,'.
PITKIN COUNTY (hereinafter COUNTY) and
(}tereinafur APPLICANT) AGREE AS FOLLO
PITICIIN COUNTY COMMUNITY 1~~~~
AGREEMENT FOR PAYMENT OF U3,~ APPLICATION FEFc
t • ,APPLICANT has sub fitted to OUNTY en application for (.~ C(x iz°-Ee~l~~ ~
~Ly1Q 13n1 l- ~(' ~~
(hemttafter, THE PROJECT).
2• APPLICANT understands and agrees that Pitkin Courtly Ordinance No. OI 1-2005 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 Pair
to the public and to reflect the expense utcurted in providing such services to the public.
3• APPLICANT and COUNTY agree thaz because of the size, Walrus or scope of the proposed
project, it may not be possible at the time of application to ascertain ilte frill 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 lead use review.
S• COUNTY and APPLICANT further agrce that it is impracticable for COUNTY staff W compieu
processing or present sufficient information to the Planning Coatmtission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of Courtly Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6• Therefore, APPLICANT agrees thaz in consideration of the CO
collect foil fees prior to a determination of application completeness, AppLICAI~T shall eve of its right to
amount of S I t7b~ which is based on'3 hours of sta$time, and if actual time P Y a base fee is the
application exceeds the average number of hours by mono than 20"/0, then the CO sPmt by staff to process the
APPLICANT quarterly for the additional time spent. Such odic a ~~ will bill the
the billing date. APPLICANT further P~+ P Ymesns shall be made within 30 days of
suspension of processing. aggees that failure to pay such accrued costs shall be grounds for
PITKIN COUNTY
APPLICANT
Ci+tdYHouben Char~~,~ ~. ~hp.r~ek
Print Nsm¢
Community Development Director ~. t ~~
Signature `
Effective 5/ZS/OS
GcaunrylaAmlulrormsWgrcdnen[ [o pay
Date:_ `I i 1 n~P ~ ! ~ (gyp ~
Mailin AGGdd~r2ess;
~t~raty rna SSK r- ~ ~ '~ `'~'
000025
Attachment ~
DETERMIIVATION OF THE HEARllVG OFFICER OF TAE COMMUNI'I'y DEVELOPMENT
DEPARTMENT OF PITKIN rvrnrnoTy~ COLORADO, APPROVING THE CHEREK 1041
RECEPTION#: b44779, 72110!2007 at ~'~ REVIEW
09:06:47 PM,
t of 10, R 50.00 Doc Code nination No~~-2007
DETERMINATION
Janice K. Vos Caudill, Pitkin County, CO is~CIT S
~ . Chsrld Cheiek ("Applicant") bas applied to the Pitkin Couny Hearing Officer ("Hearing OIHca~")
for 104[ Harald Review to esplblish building, access, landscape and debris flow mitigation
envelopes.
2. '[lte~oparty is tacated at 2553 Lower River Road and is more specifically described in
Attatdirnent "A".
3. The property is coned AR-] 0 and contains 37.94 scree.
4. The Applicant sabmhted a complete application prior to July 6, 2006, therefore, the application is `"
being considered pursuant to the 1994 Lend Use Code, as amended.
5• The Hearing Offrcer hoard this application at a duly noticed public hearing on November 20, 2067,
at which time evidence and testimony were presented with respect to this application.
The Hearing Officer fmds that I) the property is mapped "low" wildfire and the harard can be
mitigated, and 2) the property is encumbered by a debris flow harard and the harard can be
mitigated.
NOW THEREFORE BE 1T RBSOLVED by the Pitkin County Community Development Hearing
Officer that he does hereby approve the Cheek 1041 Harard Review subject to the following conditions,
which shall run with the IarM and be binding on all successors in interest,
The Applicant shall adhens to all material representations made in the application or in public
naetirrgs or hearings end shall consider those representations to be conditions of approval, unkss
amended by other conditions.
2. Prior to submittal for any building permits, the Applicant shall record a 24 X 36 inch mylar 1041
Harard Review Site Plan and Plat Amendment in accordance with Sections 5-70.040, 5-40 and 5-
60-040 of the Land Use Code. The above referenced approvals shall be a condition precedent to
finalization and recordation.
3. Prior to issuance of a building permit application, the Applicant shall:
A. Obtain approval of art TSDS permit from the Enviromnantal Health Depertrnent. The septic
system shall be located.withio the approved building envelope and must comply with the
setback requirements from surface and groundwater sources. A qualified professional -
ngineer mirstd~sign the system.
B. Obtain a fueplace/woodatove permit from the Community Development
C. Obtain as accea Ihpartrnent.
permit far the driveway, which shall be reviewed and approved by the
County Engineer. If the driveway exceeds 6 feat above or below natural grade within the
setbacks, the Applicant shall submit and the Board of Adjustment shall consider a variance
C~!l~nt'
t cr~ 1 C~
ozi- z~-2
application prior to submission of the Access Permit Parking or construction staging is
prohibited on County roads or within the County road right-0f-way.
D. Submit a dreinage and erosion control plan for review end approval by the County
Engineer,
E. The Applicant shall submit, for roview and approval by the County Engineer, a
Construction Management Plan in accordance to the Asset Management Plan. The
Construction Management Pian shall indicate that vehicles associated with construction
(i.e. employee traffic, construction vehicles, staging and deliveries) shall not violate
County Law, such as parking on County rights-of-way.
F. Pay applicable impact fees.
4. All structures shall comply with the standards and requirements of the Basalt Rural Fire Protection
District.
5. The Applicant shall comply with the following wildfire mitigation standards:
A. Brush, debris, and rron-ornammrtal vegetation shall be removed within a minimum l0 foot
perimeter around the structure.
B. Vegetation shall ba roduced to broalc up the vertical and horizontal continuity of the fools a
minimum thirty-foot (30') Perimeter around a structure bulk on flat ground.
C. For a distance of 1 S feet around all structures, vegetation shall be maintained at 6 inches or
less in height.
D. For a distanx of 40 fxt uphill and th the sides and 50 downhill from arty sWcturo, existing
sage shall be mowed.
E. For a distance of l DO foot in every direction, shrubby material shall be thinned, Shrobs
shall bo thinned so fltat clumps are no larger in diameter than 2 times the height.
F. Existing trues shall be thinned for a distance of 100 foot around structuros. Tree crown
separation within this perimeter shall have a minimum of 30 feet between the edges of the
crowns. All branches from trues within this perimeter shall be pnmad to a height of 10 feat
above the ground or half the total height of the tree, whichever is less.
G. All branches that extend over the roof eaves shall be trimmed and alt branches within 1 S
feet of the chimneys shall be removed.
H. Remove deadfall within 100 foot perimeter shall ba removed.
I. The Applicant shall be responsible for the continued maintenance of the defensible space
requiramonts.
6. The Applicant shall comply with the following additional wildfiro mitigation standards;
A. Roofs shall ba constructed with a Class A roof covering or a Class A assembly as defined
in the Intemationel Building Code (IDC) Section 1505.2. Wood shakdshingle roof
coverings are prohibited. Roofs with kss than a 3:1'2 pitch are not permitted unless they
comply with the following:
i. All roof coverings shall be noncombustible materials and installed on a Class A
roof assembly.
ii. All roof coverings shall have a surface that shall facilitate the natural process of
clearing the roof.
iii. All roof designs shall facilitate the natural process of clearing roof debris.
Protrusions above the rootline, such as parapets, shall be prohibited.
iv. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have e
minimum slope of 1:46.
z
0 ZI- Z00'~
v, All roof designs, coverings, or equivalent assemblies shall be specifically approved
by the Firo Marshal prior to submittal of a building permit application.
H. Vents shall be screened with corrosive rosistant wire mash with mesh ~/. inch maximum,
C. Roofs and gut6era shay ba kept clear of debris.
D. Yards shall be kept clear of all litteq slash, and flammable debris.
E. All flammable materials shall be stored an a perellel contour a minimum of t S feet away
from any structure.
F. Flreweod/wood piles shall be stacked on a parallel contour a minimum of 15 fcet away
from the structure.
G. Swimming pools or ponds shall be accessible to Fire Department vehicles.
H. Fences shall be kept clear of brush and debris.
I. Wood fences shall not connect to the structure.
J. Fuel tanks shall be installed underground with an approved container,
K. Propane tanks shall be installed according to NFPA 48 standards and on a contour away
from the structure with standard defensible apace vegetation mitigation around any abovo-
ground tank, Any wood enclosure around the tank shall 6e constructed with materiels
approved for 2 hour fire-resistive construction on the exterior side of the walb.
L. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible locatlon.
M. Addresses shall be clearly marked with 2 inch non-combustible letters snd shall be visible
and installed on anon-combustible post.
7. The Applicant shall comply with the following measuros to mitigate impacts to wildlife:
A. Fencing shall comply with the fwcing rogulations in the Land Use Cade rogstding wildlife
friendly fencing requirements.
H, Native vegetation shall be maintained outside of the building envelope as long as it
complies with the wildfire mitigation stated above.
C. The Applicant shall comply with the Pitkin County Wildlife Protection Codes for Waste
Storage. Compliance with the condition shall ba verified by Pitkin County Community
Development prior to issuance of a certificate of oxupancy.
D. Fruit-besrhrg bees and shrubs should be avoided in any landscaping,
8. No development, including grading, excavation, fill placement, harming, landscaping, entry or
ranch galas, and vegetation removal or disdubance shall occur outside of the approved building
[and/or] development envelopes except wildfire mitigation. Construction, staging, parking,
utility and driveway extension and maintenance shall occur within approved building envelope,
or access envelope.
9. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the
corners of the building envelope and install constnuction fencing around the perimeter of the
building envelope. The fencing shall remain in place until iasuenca of Certificate of Occupancy.
No vegetation shall be damaged or removed outside the building envelope,
10. During submission of a permit for new development, the Applicant shall submit a final engureering
report from an engineer or geologist licensed in the State of Colorado. The report shall
demonstrate the mitigation required for the residence and any potential debris flow thst might
occur from the northeast comer of the parcel. The report will generally be in compliance with the
May 4, 2007 Yeh and Associates Debris Flow Investigation and Mitigation Repot and Bulleyea
Engineering, Inc. grading plan dated June 25, 2007 (Exhibits B and C). The Applicant shall
3
3
nonn~a
az~- z~
construct the roquired mitigation concurrent with aey new development. Prior to Certificats of
Occupancy, the County shall inspect and approve the mitigation for compliance with the
recommendations. Neither construction of improvements nor mitigation shall increase any historic
debris flow on neighboring properties.
11. With rospect to the mitigation for the debris flow, the debris flow basin shall be maintained on a as-
needed basis in order to ensuro that the basin does not fill with silt so that basin will perform es
requirod.
12. Areas disturbed by construction of the driveway and installation of utilities shall be rovegatatad no
later than one growing season after completion of work.
13. The exterior of the rosidence shall be finished in the natural earth tones of the immediate
vicinity, as ropresantod in the application. Roof and siding materials shatl 6e non-reflective.
Color end material samples shall be provided to Community Devebpment for approval prior to
issuance of building permits.
14. Prior to issuance of a building permit the Applicants shall submit a landscape plan to
Community Development for roview and approval.
l5. Floor area shall ba limited to 5,750 square feet exempt t}om growth management or use of TDRs.
16. No calculations for height bulk, setback, size, floor area, or any other building and caning
rognirements have been conducted. These requiromenta will be considered at the time of building
permit. Any structures ropresented in the application may not be permitted under building and
caning rogulationa.
17. Failure to wmply with the conditions of this approval may result in revocation of this approval,
or any subsequent permit(s) or approval{s) related to this property, or vested rights associated
with this property
18. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin
County Land Use Cade and Colorado Statutes, subjxt to the exceptions set forth in the Pitkin
County Land Use Coda § 4-l40 and C.R.S., § 24-68-105. The statutory vested rights granted
heroin shall expire on November 20, 2010.
4
y
D Zl-- Z~
NOTICE OF PUBLIC HEARING PUBLISHED IN THB A~P_ EN'fQuiFS WE~]~ oo ~e 23rd dey of
July, 2006.
APPROVED ON THE 20TH DAY OF NOVEMBER 2007.
PUBLISHED AFTER A PTION FOR VESTED REAL PROPERTY RIGHTS in the Aapm.~mes
We~idv on the ~ day oUf ~, 2007.
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
ATTEST:
~i o (~ ~~~~k1 ~~
Bonnie Waechtter, Administrative Assistant
/ James R. True, Hearing Officer
Date 1 e 3e oy
APPROVED AS TO FORM:
_-~----~
c-' ---~- _ _^-
John Eiy,
County A
Case #P95-06
PID# 246725400585
APPROVED AS TO CONTENT;
Houben,
Community Development Director
ODUU30
4... ,...
.ri,~;
PROPERTY DESCRIPTION
-A parcel of land being part o! Tracts 89 and 84 and being located
is Sections 25 and 38, Township 8 South, Range 88 Weat of the
8th Principal Meridian, said parcel is more fully described as follows:
Beginning at a point on line 7-8 of said Tract 89 whence A.P. 8
_ of said Tract 69 bears
" North 00.18'24" East 465.63 feet;
thence South 00'18'24
'
" .West 289.58 feet along line 8-7 0! said Tract 69;
thence .south 49.00
b0 West 95b4.82 feet;
thence North 00.42'19" West 814.8D feet;
thence North
49.00'00"
East _
'1898.37 feet;
thence North 09'29'36" East 419.80 feet;
thence North
' 78.45'60" East 817.80 feet;
thence North 70.28'57" East 620.48 feet to the Point of Beginning.
Also Imown aa. Lot 4, Aspen River Valley Ranch.
Iii
,.
,;~;
Leas and except aII land contained in Rule and Order as granted to
the Department of Transportation, State of Colorado recorded May 30, 8003
as Reception No. 483442.
-,
000031
~ ~ Yeh and Associates Inc. ~~~
~~ I C~ti"a &lavleees & scteatiete
May 4, 2007 Project No. 26-297
Mr. C. R. Cherek
Geronimo Enterprises
2333 Cower River Road
Snowmaea, Colorado 81634
Subject: Debris Flow HazeM Investigation and Mitigation, Cherok Property, 2333 Lowa River Road
in Pitidn County. Colorado
Dear Mr. Cherek,
design and conetructiPon o debris flow mitigation for~thwe Cbhe~ mvestigation and rowmmendationa for
into three roaidential iota is Alarmed. The alto investi P~~' Subdrvieion of the property
excavation of exploratory teat pits to investigate aubsurlice~conditionae The test pile were sbserved on
December 22, 2006 by a representative of our company, Baead oD the Bite investigation, and research,
debris flow volumes and rocmrence intervals wero estimated Yeh and Associates, Inc. prepared a
Geolagicai Hazard Evaluation for Oria property fisted April 6, 2006.
INVESTIGATION
Tb0 existing ~~' om-building etructuroe, and storage areas are situated below the mouth of
Arbaney Gulch, and lay on the historic drainage of Deer Creek, when; deposition oCCma during a debris
flow event.
Siz test pile wero excavated to depths of 3 to 6 feet and an existing "cut" (TP-7) wsa observed at
the approximate locations shows on Figure i. Throe teat piG (TP-1, TP-2, and TP-3) wem excavated
below the existing structures and above the irrigation ditch. Three teat pile (TP-9, TP-3, and TP-6) ware
excavated above the existing atructuros, near the mouth of Arbaney Gulch. Teat pit TP-7 was the existing
cut slope near the equipment storage aroa.
The soils encountered is TP-1 sad TP-2 euggesb multiple debris Dow deposition evenh. Tha
lowest (oktest) event consisted of an 8-10" tlilck layer of fine-grained clay-silt msfix with a trace of
grsveL Carbon piecos wem observed at the top of this layer in TP-1. A aeeond lowest and highest layer
(6-18'7 in TP-1 consisted of fine to course grniuad sand wiyt a trace of gravel and soma clay-silt. The
third lowest layer in TP-1 and the highest layers (12-30'7 in TP-2 consisted of cobbles and bouldee
eranaitioaing to finer clayey sand, clay, and silt Thee was also carbon pisses oa top of the second and
third I+Yers ier TP-2. A carbon sample flour ffie lowest lays of TP-1 was submitted for radiocarbon
dating. The results iadicate a conventional radiocarbon age of 1090 years beforo present, Plus or mines 40
yesra.
The soils encountered is TP-3 suggest multiple flow aurora. The lows (oldest) event appeared to
consist of a 12" layer of boulder then "fining-up" into a clay matrix. The next throe Iayers (6-8'7
consisted of awd and gravel with ailtclay and rock firagments, The next threo layers (&10'7 consisted of
cobbles at the base nartaitioning to fine grained sand. All three layers had rock 5agments. The top ] 0"
1eYer appeared to be man-made fr1L
The soil encoumeted in TP-4 and TP-3 consisted of a lower (18-22"} event that consisted of
cobbles and boulder and "Saing-up" to a silt-clay matrix with organics. A middle lays avast (6-I9")
consisted of cobble and boulders and "flniag-up" into a clay matrix The top layer coneiatad of cobbles
arrd boulders and'Yming-up" iato a sittclay tttatria with some orgaaios present.
5700 Eest Evsne Ave nua, Denver, CO 90222
170 Msl Rey Rond, Gleowo od aprioae, CO 91601
370 Turner Drive, au lie D, Ourenao, CO 81703
OOU032
ca.r.a Property
Proiact Wo. YB-2a7
The sods encountered in TP-6 consisted of a lower layer that fa the top of a lower flaw event that
consisted of as 18" layer of clay. The middle, 24" layer consisted of cobble and gravel at the base and
«Sning up" The top layer consisted of a 12" of gravelly clay.
TP-7 consisted of the observation of an existing cut with four wears. The lower layer (3p'7
consisted of cobbles sad boulders and "Suing-up" into a clayey sand matrix. The eeco~ layer (18'7
consisted of gravel and fiamg-up into a sand and clay matrix, The tbud layer consisted of 3 to 5 feet of
cobbles, boulders, and gravels with some organics rt the top. The top 18" layer consisted of multiple
events with gravels, sand and occasional cobbles. Thin layer also exhibited a firo event with noticeable
fired clay fragments,
CONCG U9IOIVQ
Radiocarbon dating of the sampler from the lowest flow layer in TP_1 indicates that four events
Lave deposited at the tart pit location in the past 1040 yeas In orbs words, the r'ecurreace interval for
average wearer at the locatloa of TP-1 is about 260 years. It is It'kely that the recurrence interval for the
debris fan as a whole is less than this since each flow went does not deposit over the satire ran area.
Noa-uniform deposition across the fan of a debris flow avast roquirea subjectivity in the
interpretation of individual flow even volumes. The average deptlt of deposition far all of the identifiable
individual wants from all of the best pin is approximately 1.3 feet. Based on the informaflon from the test
pit, historic evideaoe, antidotal evidence, probable clear water flow vohrmea sad our experience is the
aroa, the volunsa of solid material historically deposited by as average debris flow or flood event onto the
property is estimated to ba lase than 4,OOp cubic yards,
We understand that Pitlda County naquims that the debris flow mitigation not adversely affect
downahmm propaNes. Therefore, the volume of solid debris material that would have historically been
deposited witltia tLe existing Property, which can no longer be deposited them because of tLe
(~}~~~j improvements, will have to be contained within the subJect ProPetry. Assume that rho total~~
~„At~'~f/ k ~a • Haled on an avenge depth of deposition of 1.3 foal, a total of approximaely 1,500 wbic
pU~_ yards of tLe debris flow solider should ba retained oa fhe property,
~~,, p~ . ~(N"~' The pnsPerred mitigation option should include caaahuation of a debris flow catcL basin and
d~"nv~,_l/- convaysaca berraa. If fhe catch basin or basins an located above the proposed strucbaea, t4ey should be
"~(~ fliz~ to retain at ]sort 4,000 cubic yards oP solids plus enough capacity for protection from clear water
during flood event. Grading within the buiGliag envalopea should be designed to provide
protection from rho calculated clear water flows dmfag flood oveab.
Coastnectioa of the catch basins below the proposed aheretures will requirt that Ota debris flow be
routed in the coaveyaaoe chenneL past the ah'ucturoa. Channe . .
deposltk wham ~g the ~w would pmvent it from
g deposition has hirtorically occurred. if the catch basin aro consructed bekw the
proposed atructurea, the basins can be sized to store the 4,000 wbio yard vohrme of solid material that
would normally be deposited within the area no laager avaiLtbk for storage and allow the clear water and
„ p~ . solid portion of tLe event to pass. TLia atora8a capacity aLould be pmvi
A berm and/a~r wall syatam should be constnrcted to convey the flow past rho reaidances and into
the basin. Based on our investigation, wa believe as 8-foot high berm would Ir7mly be aPpropriak for
berms constructed in the aroa above the existing rtmctures. We believe a S-foot high berm would likely
20/3
S
000033
Chxalc Prtgarly
Proixt No. Y&2Yr
be appropriate far berme coriatrtrcted in the area below the axistiag structures and for flows linen the un-
named 50 acm basin to the southeast of a site. The bemw should extend gran the mouth of Atbaney
Gulch and the un-named bas' gppMlt~'"o~f the proposed building envelope into the retention basin. We
recommend a vohmtetric bug factor of 2.0 bo used lot hydraulic analysis of debris events gum this
drainage basin.
9
The height of the bean should be measured from the chanrrel invert to the top of the berm. The
thanes] bottom should be at least 15 feet wide. The berms can be constkuctod with side slopes of 2H:1 V,
and flee top of the berm should be at least 3 feet wide. They should be properly compacted to at least 90Yo
of standard Proctor density within 296 of optimum moleNre content
These recommendations are based on current site conditions and tho assumption that futon debris
flow events will be similar to peat events. Changes to the basis area (i.e. forest fires, deforestation and/or
land development) will liltaly increase the magnitude and frequency of the debris flow events. Debris
flow events exceeding the deign capacity, of the mitigation system could occur, However, we believo an
event exceeding the deign capacity of the recommended system has a law probability of oocrming within
the design life of the t;ttucture. The conveyance channels and retention basins will roquin araintonence
after a debris flow or debris flood event,
LiMiTATIONS
The report was ptepend in substantial sxordance with the generally accepted standards of
practice far geotechniaal engineering as exist in the site eras et the limo of our urveatigation, No
warranties, express or implied, aro intended or made. The recommendations is this ropott are based on
the assumption that Yeh sad Associate will conduct en adequate program of conahuclion testing sad
observation to evaluate compliance with our ncommendetions,
ResPeotfuUy submitted,
YBH AND ASSOCIATHS, INC.
Roger Pihl, P.G.
Principal 3cientiat
Attachment: Figure 1
Reviewed by Richard Johnxro, P,H.
3of3
OOOU3~~
,~~, x. ',:~:,a
__~ ~ - y ..,..
4_, _ ~ ~~
y /. ~ ' ~ ~ 1
r
_.nV..•
~ \ F.
~.d., r . `. ~ :1~
~ X11
~ ~~ . ~~,
'~i
~:~ ~ --~`
~..a,.~,,..~.
~, ~,~
w,~~a ~--
000035
Attachment ~
Charles R. Cherek
2553 Lower River Road
Snowmass, CO. 81654
June 11, 2008
Cari Anne Holcomb
Pitkin County Community Development Department
130 S. Galena Street
Aspen, CO. 81611
RE: Authorization to Submit a Land Use Application
Dear Cazi Anne:
As the owner of the property at 2553 Lower River Road, please be advised that Davis Horn
Incorporated is authorized to submit and process on my behalf, a land use application requesting
a Cazetaker Dwelling Unit (CDU) for my property. An existing home on the property is
proposed to be converted to the CDU. Please call if you have any questions or concerns.
Sincerely,
CHARLES R.CHEREK
000036
~''
• iOFANUUS 1'AUI.
' ~. ORD WILLIAM PENN DR
M~RRISTOWN, N1079G0-3217
8(1(16528
PENINSULA (:ORP
PO BOX 1919
MIAM[, FL 33233-1919
8013929
t
SCHLUMBERGER MARTIN
SCHLUMBERGER CONST CO
4(17Q AABC
ASPEN, CO 81611
8013985
2556 LOWER RNER RD LLC
C/O EDWARDS JOSEPH E III
201 N MILL H2O3
ASPEN, CO 81611
8013930
SCHLUMBEROE;i MARTIN
SCHLUMHEROE 2 CONST CO
407Q AADC
ASPEN, CO 8161 .
RU13986
STATE OF COLORADO
8014191
AttaGh~m~nt
e
000037
Page 1 of 2
Cari Anne Holcomb
From: Glenn Horn [ghorn@rof.net]
Sent: Monday, June 02, 2008 11:22 AM
To: Cari Anne Holcomb
Subject: Cherek Pre-App
Cari Anne:
There was a miscommunication. Lance told me that he told you to prepare apre-application conference
summary sheet. The application is already done. Ezra forgot to notice the CDU, so we are doing the whole thing
over again. It is very frustrating for Chuck.
The PUD is 2467 254 00 0085.
Please let me know if you have any questions.
Check the file for my August 10, 2007 letter which requested the CDU.
Thanks.
Glenn.
From: Cari Anne Holcomb [mailto:carianneh@co.pitkin.co.us]
Sent: Monday, June 02, 2008 11:11 AM
To: Glenn Horn
Subject: RE: Cherek Caretaker Dwelling Unit Pre-Application Conference Summary Sheet
Sorry Glenn -there must have been a communication snafu. The only info I got was that you would be calling
me to do a pre-app for a Cherek CDU. I was waiting to hear from you. Since I have, I will add it to my list and try
to get it to you tomorrow or Wed by the latest. I apologize for not reading a little more into the email and double
checking with you!
Could you send me the address and PID just to get me started?
6ii6izooa 000038
PUBLIC NOTICE
RE: River Road Ranch LLC Special Review for a Caretaker Dwelling Unit (P077-08)
NOTICE IS HEREBY GIVEN that the Pitkin County Community Development Director will
consider an application submitted by River Road Ranch LLC (2553 Lower River Road, Aspen, Co
81611) requesting approval to build a detached Caretaker Dwelling Unit. The property is located at
2553 Lower River Road, and is legally described as Lot 4, Aspen River Valley Ranch. The State
Parcel Identification Number for this property is 2467-254-00-585.
For further information contact Cari Anne Holcomb at the Pitkin County Community Development
Department, (970) 920-5092.
Cindy Houben
Pitkin County Community Development Director
130 South Galena St., 3`d Floor
Aspen, CO 81611
Attention Adjacent Pronertv 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 August 8, 2008. If any objections to the development application are received the
Community Development Department shall continue the application to a public hearing
before the Board of County Commissioners.
PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
June 23, 2008
Glenn Horn
215 South Monarch Street, Suite # 104
Aspen, CO 81611
Re: River Road Ranch LLC Special Review for a Caretaker Dwelling Unit
(PID#2467-254-00-585; Case# P077-08)
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) July 6th, 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) 8w day of August, 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 neazest
public way) on thel8th day of July, 2008, which is at least fifteen (15) days prior to the (30 day out)
August 8, 2008. This must be submitted prior to any approvals being granted.
If you have questions, please call Cari Ann Holcomb, the planner assigned to your case, at 920-5092.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit Code Section 2-20-100 & 2-40-20 (F) CDU Notice
PITHIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Pitkin County Housing
Woody Creek Caucus
Basalt Fire District
FROM: Cari Anne Holcomb, Community Development Department
Re: River Road Ranch LLC Special Review for a Caretaker Dwelling Unit
(PID 2467-254-00-585; Case P077-08)
DATE: June 23, 2008
Attached for your review and comments are materials for an application submitted by
River Road Ranch LLC. The Pitkin County Community Development Director will
review the application.
Please return your comments to me by Friday, August 8, 2008.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY
DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
Page 2 of 2
THANKS
Cari Anne Holcomb
970.920.5092
From: Glenn Horn [mailto:ghorn@rof.net]
Sent: Monday, June 02, 2008 9:47 AM
To: Cari Anne Holcomb
Subject: Cherek Caretaker Dwelling Unit Pre-Application Conference Summary Sheet
Cari Anne:
I just received a call from Chuck Cherek. He was wondering if I have completed his Caretaker Dwelling Unit
application. He is bugging me about it. I told him that I am waiting for apre-app. Lance told me he put it on your
list to complete.
Please send me the pre-app when you get it.
Thanks.
Glenn.
6/16/2008
Page 1 of 2
Cari Anne Holcomb
From: Cari Anne Holcomb
Sent: Tuesday, June 03, 2008 3:49 PM
To: 'Glenn Horn'
Subject: FW: Cherek CDU
Attachments: Cherek_CDU_preapp.doc
Hi Glenn,
Here is the pre-app. Looks like you will need to change the date and resubmit for the CDU. Are they building
new for the CDU or converting an existing structure?
Thanks
Cari Anne Holcomb
970.920.5092
From: Lance Clarke
Sent: Tuesday, June 03, 2008 9:22 AM
To: Cari Anne Holcomb
Subject: RE: Cherek CDU
It's on the shelf. He needs to resubmit a new application, though.
From: Cari Anne Holcomb
Sent: Tuesday, June 03, 2008 9:09 AM
To: Lance Clarke
Subject: RE: Cherek CDU
Lance - Do you have this application? I am working on the pre-app
Cari Anne Holcomb
970.920.5092
From: Glenn Horn [mailto:ghorn@rof.net]
Sent: Thursday, May 22, 2008 11:54 AM
To: Lance Clarke
Cr Cari Anne Holcomb
Subject: Cherek CDU
Lance:
Thanks for checking. I already wrote the application and it is in your file. Do I have to change the date and re-
submit? Iwill contact Cari Anne. Glenn
From: Lance Clarke [mailto:lancec@co.pitkin.co.us]
Sent: Thursday, May 22, 2008 11:21 AM
To: Glenn Horn
Cc: Cari Anne Holcomb
Subject: Cherek CDU
Glenn- Unfortunately, it is as it a tree fell in the forest and there was no sound. The CDU wasn't in the preapp,
I~2
9iziaoos
Page 2 of 2
wasn't paid for in the fees, wasn't noticed, and wasn't addressed in the approval determination. So, you will have
to make an application for a CDU approval. You could ask Cari Anne to do a preapp for you.
Z
9/2/2008
r C ~ c.r~ 1-C
County of Pitkin } AFFIDAVIT OF NOTICE & ~~ ~~~
' } ss' MAILING PURSUANT TO L_ L~
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION Z-20-100
--~ ~ ~- ~ ~~r~ , being or representing an
Applicant to the Prtkm County Development Pcrmrt, 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: ~ 2~,~„~~
C -z r-r ~'r t" e ~ R -~C. z ~ p-t-
1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to all owners of property adjacent to the subject property, as
indicated on the attached list, on theZ~day of7i.~n L 200`6 (which is~3 ~ays prior to the public
hearing date of k~ Ff}y~), The names and addresses of the adjacent ro e
on the current tax records of Pitkin Count as the a ~ p p m' °~'ners shall be those
hearing. Y Y ppeared no more than 60 days prior to the public
2. By m ling of notice, a copy of which is attached hereto b first-class
r ~ le 30 days prior to the public Baring to the owner(s) of the mineral esostag ndernea h the subject
1~.I roperty, as indicated on th ttached list, on the _ day of , 200_ (which is _ days prior
to the public hearing da of _). The names an a sses of the mineral estate owners shall
be those on the curre 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 21 day of ..~,~ , 200Y; which is at ]east fifteen (15) days prior to the
public hearing. A photograph of the po ted sign is attached hereto.
R; ~t r Zck~ LI,._~
Applicant's name
Signature
(Attach photograph here)
Signed before me this ~~ day of Se~J r
200~tby '
Gl~en+',
WITNESS MY HAND AND OFFICIAL SEAL
1M~y commission expires: (n ^G - Z~f
cY,1,viSd~ L . ~n. ~,. `e
's Signature
G:\county\adm in\forrns\afHdavit
,, ~akp .q~ :- - .,
.: r ~ ~ ~~~
J.y ..afi/ j /..S
~'
PITKIN C~WTY COMMUNITY DEVELO~ENT
Permit Receipt
RECEIPT NUMBER 00026758
Name: Charles Cherek CODL Date:6/13/2008
Project Address: 2353 LOWER RIVER RD
Type: check # 8057
Permit Number Fee Description Amount
0077.2008.PLAN PP- Flat Fee 748.00
0077.2008.PLAN PP-Clerk Tech Fee 25.00
0077.2008.PLAN PP- Public Notice Fee 54.00
0077.2008.PLAN PP- Housing Referral Fee 179.00
Total: 1,006 00