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HomeMy WebLinkAboutpitkin.planning.246327200004 (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 ADMINISTRATPJE DECISION OF TIIE COMMiINITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE BUNCHMAN ACTIVITY ENVELOPE REVIEW, GROWTH MANAGEMENT EXEMPTION FOR A LEGALLY CONSTRUCTED SECOND DWELLING, AND GROWTH MANAGEMENT EXEMPTION FOR BARNS CONSTRUCTED PRIOR TO MAY 12, 2004 Administrative Decision No. g~-2008 RECTTALS 1. Mark Bunchman (hereafter refen•ed to as "Applicant") has applied to the Community Development Director of Pitkin County ("Director") for Activity Envelope approval, GMQS exemption for two dwellings on a parcel zoned for one single family residence, and a GMQS exemption for a hay storage shed constructed prior to May 12, 2004. 2. The Applicant submitted an application after July 6, 2006, therefore, the application is being considered pursuant to the 2006 Land Use Code, as amended. 3. The parcel is located at 6315 Hwy 133 is 2.6 acres and is zoned RS-30. PID#: 2463-272-00-004. (Legal Description, Attachment A). 4. No previous land use approvals apply to the parcel Two dwellings exist on the parcel. One residence is approximately 3,830 square feet and the second is approximately 1,265 square feet. A shed of 385 square feet also exists and a hay storage area of approximately 675 square feet. Total floor area on the parcel is 6,155 square feet. 5. The Applicant has successfully demonstrated that the second dwelling was built prior to when building permits were required in the Crystal River Valley (1971). Because ofthis demonstration the parcel has two (2) Growth Management Exemptions for two (2) single family residences. 6. The second dwelling of 1,265 square feet and the hay storage structure is located within the 100' riparian setback of the Thompson Creek. These structures are determined to be legal non- conforming structures pursuant to Section 9-40 of the Code and may not be expanded unless determined otherwise by Pitkin County. The Applicant has proposed an envelope that avoids this area except for encompassing an existing driveway that is proposed to be improved with road base, the second dwelling, and the hay storage structure. The parcel is also encumbered by the 100 yeaz floodplain of Thompson Creek and the Applicant has proposed a portion of the envelope within this floodplain. Pursuant to Section 70-20-40(c) some uses are permitted in this area. 8. The application was referred to the Crystal River Caucus, CDOW, Historic Preservation Officer, EH/NR, and Carbondale Fire. The CDOW and Historic Preservation Officer (HPO) commented on the application. The HPO stated the second dwelling has the possibility to be deemed historic. The Applicant has requested that the option for applying to the historic designation be left open. 9. The affidavit of public notice was mailed on July 18`", 2008 to the adjacent property owners of the subject parcel. No comments were received within 30 days. Public notice was published in the paper on August 8, 2008. RECEPTION#: 552855, 09/15/2008 at 10:59:18 AM, Page 1 oj7 9 OF 8, R $0,00 Dot Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO Sa - LOO$ 10. The Director finds that the pazcel is: (1) mapped within mule deer winter range; (2) within the 100 year floodplain of Thompson Creek and new development can avoid this hazard and existing legal development may remain; and (3) within a low wildfire hazard area and the hazard can be mitigated. 11. The Director further finds that the second dwelling of 1,265 square feet and hay storage area of 675 square feet are classified as legal non-conforming structures because they aze located within the 100' setback of Thompson Creek. The hay storage area 675 square feet is exempted from the parcel's Growth Management Exemption of 5,750 square feet pursuant to Section 6-30-130(d): Barns Constructed Prior to May 12, 2004. 12. The Director finds this request is consistent with the requirements of the 2006 Land Use Code. APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Site plan approval is required prior to submission of any building permits. Approval of this activity envelope does not ensure approval of site plan review. 3. The parcel is recognized to have two development rights with the main residence having a Growth Management Exemption of 5,750 square feet. The second dwelling within the 100' setback of Thompson Creek may not be expanded with this approval. 4. Prior to submission of any future building permit applications, the Applicants shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization and recordation. The Activity Envelope shall incorporate the following changes: a. A 100' setback line shall be drawn from the mean highwater mark of Thompson Creek. b. A plat note shall be included that identifies the second dwelling and hay storage area as legal non-conforming structures that may not be expanded with this approval; c. Correct the scale. 5. No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. Approval of a landscape envelope within such setbacks does not assure approval of a variance. 6. A portion of the Activity Envelope has been approved in the 100 year floodplain of Thompson Creek. No vegetation removal shall occur within the floodplain except for removal associated agriculture. Activity, in general, is prohibited in this area except for those uses permitted in section 7-20-40(c). 7. The existing driveway leading to the second dwelling may be improved with road base but may not be widened or paved. Page z oj7 8 ~ - zooB' 8. An erosion control and drainage plan shall be submitted to and approved by the Planning Engineer prior to submittal of building plans. 9. Standazds Applicable to All Wildfire Hazard Areas: Development is allowed in wildfve hazard areas subject to conformance with the following development standard. A. Defensible Space: The area azound all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): a) Brush, debris and non-ornamental vegetation shall be removed within a minimum ten- foot (10') perimeter around all structures. b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). c) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. d) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from azound trees and brush. e) Tree crown separation within the thirty (30) foot perimeters shall have a minimum often (] 0) feet between the edges of the crowns, except far mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. f) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. g) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. h) All deadfall up to a one hundred (100) foot perimeter shall be removed. i) No new conifer trees shall be planted within ten (10) feet of a residence. j) No flammable mulches shall be placed within two (2) feet of a residence. k) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Access a) Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriffs Department, local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. C. Water Supply for Fire Safety Page 3 oj7 ~ ~ - 2oo~s a) When access to a public or private presswized water system is not available or if it is necessary to augment fue protection water systems, private ponds may be used if approved by the Community Development Department and the local fire district. b) Any fire department recommendation for individual structwe water supply and storage shall be accessible to fire department vehicles from the exterior of the structwe through a fire depaztment approved mechanism (such as a fn•e hydrant). The amount of storage capacity on the parcel shall be determined by the Fire District. c) All new development shall conform to the appropriate building Code(s) with regazd to sprinklering structwes. D. Roofing Materials, Roofing Vents and Projections At and Below Roof Line. Unless the wildfire expert has recommended a different method of construction, roofs and projections at or below roof line in Low, Medium and Severe Wildfire Hazazd Areas shall be constructed according to the following specifications: a) Low Hazard Area 1. Roofing Materials 2. Class A covering or Class A Assembly as defined by the currently adopted Building Code. 3. No wood shakes or shingles. 4. All other adopted Building Code compliant methods and materials permitted. E. All Hazard Areas: Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Severe Wildfire Hazard Areas unless they comply with the following: a) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. b) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. c) Protrusions above the roofline, such as parapets, shall be prohibited. d) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. e) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. Page 4 of 7 8~-Zc~B Maintenance and Miscellaneous Requirements a) Roofs and gutters shall be kept clear of debris. b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/.) inch maximum. c) Yazds shall be kept cleaz of all litter, slash and flammable debris. d) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. e) Weeds and grasses within the ten (] 0) foot perimeter shall be maintained to a height not more than six (6) inches. f) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. g) Swimming pools and ponds shall be accessible by the local fire district. h) Fences shall be kept clear of brush and debris. i) Wood fences shall not connect to other structures. j) Fuel tanks shall be installed underground with an approved container. k) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved far two (2) hour fire-resistive construction on the exterior side of the walls. 1) Each structure shall have a minimum of one ten (] 0) pound ABC fire extinguisher. m) The Applicant shall comply with all requirements of the Basalt Fire District Code. n) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on anon-combustible post. o) The Applicant shall comply with all requirements and standards of the Carbondale Fire Department. ] 0. The Applicant shall comply with the following general conditions regarding wildlife: A. When existing native vegetation must be altered within the Activity Envelope, the Applicant may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species. Should there be no opportunity on the property for habitat mitigation or restoration, off- site mitigation benefiting the same species may be required, or financial mitigation may be paid into a County habitat mitigation fund should such a fund be established in the future. B. Manipulation of vegetation outside of the Activity Envelope is prohibited. C. Mesh or woven wire fences are prohibited outside the Activity Envelope. D. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. E. Wire fencing must be three (3) strands or less. The top wire should be atwelve-point-five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. F. Tall overly mature trees and standing dead trees (snags) shall be retained at the rate of two (2) to five (5) per acre whenever passible as nesting and perching habitat. Page S of 7 ~~-ZooB G. in areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs. H. Development shall be clustered to the maximum extent possible to minimize impact on wildlife. I. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. J. Trash/gazbage shall be kept in an approved bear resistant container or enclosure. K. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discazded seed. L. Horse grains, pellets, and cookies shall be stored in bear resistant containers. M. Pet food shall not be left outside. N. High impact recreational uses are prohibited. O. Dogs shall be kenneled. 11. No development shall occur outside the approved building and landscape envelopes, with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved building envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. 12. The access drive shall be built to current County Standards, as described in the Pitkin County Asset Management Plan and submit for an access permit. The driveway layout shall be staked in the field and reviewed and approved by the County Engineer, prior to commencement of construction. 13. Prior to commencement of any earthmoving or other construction activity, the Applicants shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. ]4. All areas disturbed by construction shall be re-vegetated with native shrubs and grasses within one growing season of the project's completion. 15. Statutory vested rights for the approval contained herein aze granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on September ~(~, 2011. 16. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asnen Times Weekly on the? D-day of~e.,~2008. Page 6 of 7 ~~-ZOOg APPROVED by the Director, this ~ day of ~, 2008. ~~~,~ cQ~~ ~~~ Cindy o ben Community Development Director PlIbk 2463-272-00-004 P081-08 Page 7 of 7 8 ~ -ZOOS' Attachment A Legal Description --- -- rSECT,TWN,RNG:27-8-88 DESC: TRACT OF LAND IN LOT 4 OF SEC 27 8-88 LYING __ NLY OF & ADJACENT TO THE SLY LINE OF SAID LOT 4 ELY OF "& ADJACENT TO THE WLY BOUNDARY LINE !OF SAID LOT 4 SLY OF & ADJACENT TO :THE SLY BANK OF THOMPSON CREEK & ,WLY OF & ADJACENT TO THE WLY R-O-W '',LINE OF COLD ST HWY NO 133 SAID ;TRACT BEING MORE PARTICULARLY DESC ~AS FOLLOWS BEGINNING AT THE SW ', !CORNER OF SAID LOT 4 TH N 455.00 FT 'ALONG THE WLY BOUNDARY LINE OF SAID I~,LOT 4 TO A POINT ON THE SLY BANK OF !.SAID THOMPSON CREEK TH S 86 DEG ____ __ ,02'00" E 273.64 FT A LONG SAID SLY BANK TO A POINT ON THE WLY R-O-W LINE OF SAID HWY NO 133 TH S 03 DEG 23'00" W 436.83 FT ALONG SAID WLY W LINE TO A POINT ON THE SLY ;BOUNDARY LINE OF SAID LOT 4TH W 1247.20 FT ALONG SAID SLY BOUNDARY ;LINE TO POINT OF BEGINNING(THE SW CORNER OF SAID LOT 4) CONT 0.66 AC -- _____. M/L ~~ \'\~, i! June 23, 2008 Newland Project Resources, Inc. PROJECT MANAGEMENT /DEVELOPMENT APPROVALS /TRANSPoRTATION PLANNING RECREATION PLANNING /ENVIRONMENTAL ANAL151S ~ INfORMATION MANAGEMENT PO Box 4815, 417 ORIGINAL ROAD, BASALT, CO 81621 Voice(970)927-4645, Fax (970)92 L0196, tomn~sopris.net Michael Kraemer Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 RE: ACTIVITY ENVELOPE REVIEW, PARCEL ID #2463-272-00-004 Dear Michael: Please accept this letter as my clients' request to an Activity Envelope approval for their property, located at 6315 State Highway 133 near the confluence of Thompson Creek and the Crystal River. Any request for an Activity Envelope approval must provide a summary ;letter explaining the request, providing background on prior approvals and permits, and address compliance with the Code Sections listed within the Pre-application Conference Summary. BACKGROUND INFORMATION The property is about 2.6-acres in size and is located within a large agricultural field bordered by State Highway 133 to the east and Thompson Creek to the north. Slopes on the property are all less than 15%, ranging from about 1.25% to 2.5%. The property has been previously developed for residential and agricultural use. Buildings on the parcel asingle-family residence with attached carport; a historic cabin with kitchen, bathroom and separate storage area; two sheds and a covered hay storage area. Total covered floor area on the property is approximately 6,155 square feet. To the applicants' knowledge, no previous land use approvals have been granted for this property. I have confirmed through discussions with Joanna Schaffner, Zoning Official, that no permits have been filed on any of the structures on the property. With respect to the cabin pnd single-family home, Joanna speculates that these structures were built before 191, the year Pitkin County began requiring building permits. After researching the existing uses on the property, it was determined and confirmed that the cabin is a "Nonconforming Structure". Under the Definitions section of the Land Use Code, a "Non-Conforming Structure or Use" is defined as follows: "...any building or structure, which was established pursuant to the building and toning laws in effect at the time of Rs development, but that is no loner in compliance with the regulations imposed by this Land Use Cody. A structure that meets the requirements of the Land Use Code, but that contains a use that is not permitted in the zone district in which it is located, is not anon-conforming structure, but rather a conforming structure with anon-conforming use." 000001 0~ 3~ Under the current Land Use Code, the cabin is considered anon-conforming use because it is the second of two dwelling units on the property. Only one dwelling unit is permitted in the zone district without Special Review and modification. In addition, the cabin is considered anon-conforming structure because it is located within the 100-year floodplain of Thompson Creek, and it is located within the rear yard setback of the zone district. However, the cabin does appear to be a legal non-conforming use. Section 9-40 of the Land Use Code specifically addresses Non-Conforming Structures. This section states that anon-conforming a structure has the authority to continue provided that it complies with the provisions of Section 9-40 of the Code. Since asingle-family dwelling unit is an ~Ilowed use in the zone district, the cabin would be allowed to be continued provided that it is not moved or added on to. Normal maintenance and repair, and demolitilon or destruction of the cabin is allowed. However, removal and reconstruction of the cabin is not allowed. COMPLIANCE WITH THE CODE SECTIONS Attached to this letter as required by the Pre-application Conference Summary please find the following materials, documents and information: Sec. 2-30-10(g): Activity Envelope Criteria for Approval As evidenced by the contents of this letter and attachments, the applicants believe that this application complies with the Activity Envelope Criteria as set forth in Section 2-30-20(9): ATTACHMENT 1: Pre-Application Conference Summary Sheet ATTACHMENT 2: Consent from the owner of the property for Newland Project Resources, Inc. (NPRI) to represent them and to process the land use application. ATTACHMENT 3: Disclosure and proof of ownership of the property rnmplying with Subsec. 5-70-020(D) of the Land Use Code and List of Adjacent Property and Mineral Rights Owners. ATTACHMENT 4: Street address and parcel description, including legal description, and an 8-1/2"x it"vicinity map locating the subject property within Pitkin County. ATTACHMENT 5: Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form. ATTACHMENT 6: An improvements survey for the property, developed by Lines in Space, showing the property lines and improvements on the property. ATTACHMENT 7: A site plan that shows the existing conditions on the site, topography, access and physical features. Setbacks from the road, rear yard, side yard and Thompson Creek. The setback from Thompson Creek is the 100-year floodplain as depicted on Flood Insurance Rate map (FIRM) No. 33 of 325 Pitkin County, developed by the Federal Emergency Management Agency (FEMA), for the National Flood Insurance Program (NFIP). In summary, we are proposing the following approvals: • Designation of an Activity Envelope for all uses on the property, including future demolition and reconstruction of ACi1Vltt ENVELOPE REVIEW Page 2 O rl O fq~AOE~ /D #2463-272-00-004 the single-family residence so that it is in compliance with the required setbacks; Acknowledgement that the existing, historic cabin remain it its existing location on the property. We understand that no improvements that would expand the current floor area or use of the cabin would be allowed in it's existing location within the stream setback; Other uses of the property that are allowed uses by right and area exempted from the setbacks on the property will be allowed throughout the activity envelope. These uses include agricultural uses, private recreational uses, yard and landscape improvements, septic system improvements, fences (subject to setback requirements) and structures for irrigation or water diversion. ATTACHMENT 8: Draft Activity Envelope and Site Pian prepared in accordance with the requirements of Subsections 7-10-50 of the Pitkin County Land Use Code and Section 2.2.1 of the Pitkin County Land Use ADDlication Manual. Sec. 7-10-50: Activity Envelope The intent of this Section of the Land Use Code is to allow activities and development to take place where they comply with the provisions of both the Land Use Code and the Pitkin County Comprehensive Plan for the area. Generally, compliance involves avoidance of "Constrained Areas", as defined by the land Use Code. With respect to this parcel, these areas include: • Steep and potentially unstable slopes; • Water courses, drainage channels and areas subject to erosion; Floodplain hazard areas; • Wildfire hazard areas; • Wildlife habita4areas; and, • River and streaim corridors and wetlands. In general, the Activity Envelope should be large enough to accommodate the proposed principle'use of the property and traditional permitted accessory structures, infrastructure (roads and septic system) and uses, but should not be significantly larger than the aria needed for such structures. The principle use of the property is a single family dwelling unit. The traditional permitted accessory structures proposed for the property include the existing historic cabin, storage sheds and hay storage. The allowed uses fbr the property other than the single family home include pasturing and keeping of horses. The Activity Envelope is compatible with the Growth and Housing goals, objectives and implementing mea$ures of the Crystal River Master Plan: Growth Goal: Ensure that future growth in the Crystal River Valley occurs at a {invited rate; that it is consistent with the rural character of the valley; ~eHects the sensitivity to the natural and built environment; and is sustadnable with respect to physical carrying capacity.' ACTIVITY EfVVELOPE REVIEW PARCEL ID It2463-272-00-004 Page 3 000003 No new growth will occur with approval of this Activity Envelope. The proposed Activity Envelope will define the appropriate portion of the property for situating a replacement residence for the existing residence. As such, the use of the property will remain consistent with the valley's rural character. Housing Goals: Promote residential development patterns that fit within the context of the Crystal River Valley's existing rural setting. Promote diversity of age and income levels in our population by encouraging some affordable housing for those who live and work in the Crystal River Valley. The proposed development is consistent with the Housing goals as the existing patterns will not change. In addition, perpetuation of the historic cabin will continue'to provide attainable affordable housing in the valley. Section 7-20-10: Steep and Potentially Unstable Slopes Attachment 7 delineates the topography on the parcel. The parcel and the Proposed Activity Envelope i5 completely free of steep slopes, and consists of relatively flat (less that 5%) pastureland. Under the provisions of the Land Use Code, development is allowed on slopes pf less than 30%. Additional Standards (Section 7-20-20(e)) that pertain to this parcel include: LIMITS ON CHANGING OF NATURAL GRADE: The original, natural grade of areas within the Activity Envelope shall not be raised or lowered more than four (4) feet at any point forr construction of any structure or improvement, except: o The site's original grade may be raised or lowered a maximum of seven (7) feet if retaining walls are used to reduce the steepness of man-made slopes, provided that the retaining walls comply with Section 7-20-20(e)(5) of the Land use Code; o As necessary to construct a driveway from the street to a garage or parking area, grade changes or retaining walls up to seven (7) feet may be allowed; • WATERWAYS PROHIBITED: Filling or dredging of water courses, wetlands, gullies, stream beds, or stormwater runoff channels is prohibited, except that bridge crossings and culverts are allowed pursuant to the standards set forth in the Land Use Code and all applicable County engineering criteria; • DETENTION/STORMWATER FACILITIES: Where detention basins and other storm and erosion control facilities may be required, any negative visual and aesthetic impacts on the natural landscape and topography shall be minimized to the maximum extent practicable. REVEGETATION' REQUIRED: Any slope exposed or created in new development shall be landscaped or revegetated pursuant to the standards and provisions set forth in Section 7-20-130 as well as the revegetation standards in eth Pitkin County Revegetation Guide, the Pitkin County Landscaping Guidelines maintained by the Pitkin County Public Works Department, and the Roadway Landscaping Guidelines included in the Pitkin County Asset Management Plan, as applicable. In the event that those documents contain inconsistent requirements with regard to e particular area of land, the stricter provision shall govern. ACiMTY ENVELOPE REVIEW Page 4 ('PARCEL ID #2463-272-00-004 000004 The applicants are requesting that the County approve of the activity envelope under the provisions of Section 7-20-20 and conditioned upon compliance with the additional standards cited above. Section 7-10-10(e) 2 - 10: Grading With respect to grading, the applicants commit to the following: • Grading and filling on a site shall take place only within the defined Activity Envelope; • Clearing and grubbing of land shall take place only within the defined Activity Envelope, except removal of noxious weeds that may occur outside of the define Activity Envelope; • Each tree with six (6) inches or larger at breast height (D.B. H.) that is removed within the Activity Envelope will be replaced with one (1) or more trees with total D.B.H. at least equal to the caliper(s) of the trees removed, to the maximum extent practicable. Any tree that is diseased or is required to be removed pursuant to wildfire mitigation may be removed and no replacement shall be required. • If required by the County Engineer or Community Development Director, design and constructian techniques as cited in Section 7-20-1O(d) shall be used to mitigate any physical or visual damage to the natural terrain. Section 7-10-30: Water Courses and Drainage (a) The Activity Envelope has been situated so that development shall be compliant with all criteria of this section. (b) No new encroachment or channeling of a river, stream, intermittent stream, pond, wet nheadow, or wetland will occur on the property. (c) The activities and development proposed for the property will provide for maintenance of historical flow patterns; will not impede the flow of natural water courses, and shall provide adequate drainage for all low points. Drainage system design and maintenance will account for runoff from the proposed development, and the drainage and stormwater management will utilize best management practices (BMPs) to insure unpolluted discharge into water bodies. (d) The development will be designed not to introduce contamination into the ground water. (e) Irrigated areas will not adversely affect the adequacy of water supply or the exercise of existing and decreed irrigation water to irrigated fields. (f) Irrigation ditches are located adjacent to the Activity Envelope. All provisions regarding access, leakage prevention, and flooding/seepage avoidance will be complied with. (g) Provisions of this section regarding sedimentation shall be followed (sediment control during construction, sedimentation and revegetation). This shall be addressed t0 the County's satisfaction during building permit or earthmoving permit apprpval. (h) The development proposed will not increase the demand or requirements for water at the residence. ACi1V1TY ENVELOPE REVIEW Page 5 PARCEL ID #2463-272-00-004 000005 Section 7-20-40: Floodplain Hazards The parcel is encumbered by the 100-year floodplain of Thompson Creek. The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map, National Flood Insurance Program (June 4, 1987), is shown below and depicts a "Zone A" on the property. As required within the Land Use Code, all new activity and development proposed for the property will be removed from the 100-year floodplain unless specifically permitted in Sections 7-20-40 (b) and (c). These specifically permitted uses include: Agricultural uses, in particular general farming and grazing; Maintenance and upkeep to an existing driveway, parking area and structures. The structures in question include the historic cabin and covered hay storage facility. There is an existing driveway and parking area associated with the cabin. The location of these structures and driveway are shown on Attachment 9. The ACTM7Y EN VELOPE REVIEW PARCEL ID N2463-272-00-004 Page 6 ooooos applicants believe that maintenance and upkeep to these facilities is permitted as it does not result in any of the following; The storage or processing of materials that in times of flooding are buoyant, flammable, explosive or otherwise potentially injurious to human, animal or plant life; _ The disposal of garbage or other solid water materials; - The placement of new structures for human occupation; Substantial solid debris being carried downstream; Any obstruction that would impair the flow or storage capacity of a floodplain so as to cause unforeseeable damage to others either within or outside of floodplain boundaries; o A substantial increase in sedimentation or erosion; c The infiltration of floodwaters into on-site water supply and waste water disposal systems that would impair their functioning or pollute the stream; o Damage to or destruction of aquatic ecosystems, including but not limited to wetlands and riparian habitat areas. The applicants are proposing a separate Activity Envelope specific to the maintenance, upkeep and eventual demolition and removal of the structures and road within the 100-year floodplain. No new structures or improvements will be allowed to be placed within this separate Activity Envelope. A letter from a certified engineer will be submitted with any future development permit (i.e. earthmoving, demolition permit) verifying that the proposed Activity Envelope for maintenance, upkeep and eventual demolition and removal of the existing road and structures complies with the criteria cited above. Section 7-20-60: Wi/dfire Hazard -Mapped Low Wi/dfire Hazard Area The applicants agree to abide with and conform to all of the standards applicable to the Medium Wildfire Hazard Area, including those for defensible space; access; maintenance and miscellaneous requirements. Section 7-20-70: Wi/dlife Habitat According to the Wildlife mapping available at the Community Development office, the proposed Activity Envelopes are located in "Winter Range" for mule deer. In addition, the following wildlife areas are located in the general area: A mapped " "Critical Habitat" and "Winter Concentration Area" for mule deer is located approximately 1,500-feet (0.28 miles) west and 1,500 - 3,000 feet (0.28 - 0.56 miles) east of the proposed Activity Envelopes; A mapped " "Critical Habitat" for elk is located approximately 1,500 - 3,000 feet (0.28 - 0.56 miles) west of the proposed Activity Envelopes; A mapped "Winter Concentration Area" for elk is located approximately 1,500 - 3,000 feet (0.28 - 0.56 miles) east of the proposed Activity Envelopes. The proposed Activity Envelopes are located further than ~/a-mile from critical habitat for elk and mule deer. ACTIVITY ENVELOPE REVIEW Page 7 (~P(A;R~C7EL ID M2463-272-00004 ®~UU! AG7INTY ENVELOPE REVIEW PARCEL iD #2463-272-00.004 Page 8 C ;>~ u4$ MULE DEER WILDLIFE MAPPING ELK WILDLIFE MAPPING i ~`.~~ • ~pwd ~~ W4 ~~Y•F~~~ ~ P•1~t~M ~ _... ~sw~.o-.. ®s....~w+. rnr..a~ Bn~r.. s p.,,.. ~ a f pad-. Page 9 Acnwrvtnlvt=t oPEREwErv rIPARC(~L ID #24 6 32 72-00-00 4 ooO lon 7-20-120(e): Rural Character Guidelines for Building Location This subsection of the Land Use Code requires that development within the Activity Envelope should be located so that activities and development occur in one or a combination of the following locations: (1) at the edge of an open meadow or pasture; (2) behind an existing stand of vegetation; (3) behind or built into a change in natural topography; or (4) within a pasture or meadow, clustered in the form of a ranch compound, or adjacent to or integrated into an existing ranch compound. Where guidelines reference distances from a road, and more than one road borders the property, the guideline applies to the road carrying the greater amount of traffic. The guidelines for placing the development at the edge of an open meadow or pasture (1), and behind an existing stand of vegetation (2) have been utilized with this Activity Envelope proposal. 7-20-130: Landscape and Vegetation Protection The purpose of this code regulation is to preserve existing vegetation on development sites to the maximum extent consistent with the permitted development; to ensure that specific types of man made improvements are screened from view in order to preserve the rural character of the County; and to prevent the use of landscaping in ways that would compromise the rural character of the County. The criteria are a follows: (1) PROTECTION OF NATURAL VEGETATION In order to protect the rural character of Pitkin County, natural vegetation should be preserved to the maximum extent practicable, and any installed landscaping shall use the species plant materia/s natural/y occurring on the site or on neighboring properties (except for flower gardens). The natural vegetation within the Activity Envelope consists primarily of cottonwood trees and pasture grasses. Afl existing vegetation shall be preserved to the maximum extent possible, and new vegetation proposed for the development will utilize naturally occurring species and shall be shown on a landscape plan submitted during Earthmoving Permit approval. (2) CONFORMANCE WITH WILDFIRE REGULATIONS In the event the provisions of this Sec. 7-20-130 conflict with any provisions of Sec. 7-20-60, as those requirements may be varied by a wildfire expert approved by the County, the provisions of Sec. 7-20-60 shall govern. The proposed development activities will conform to all applicable wildfire regulations. (3) BERMS Berms may be incorporated into any required landscaping, buffering, or screening area, provided that the County determines, during the development approval process, that the proposed berms will not cause drainage or erosion problems. No installed berm shall have a slope of greater than four-to one (4:1), nor a height greater than four (4) feet above grade. ACTNITY ENVELOPE REVIEW Page 10 PARCEL ID #2463-272-00-004 OODUiO If berms are proposed within the activity envelope, they will comply with the standards cited above. (4) LANDSCAPE ENCLOSURES Landscaping shall not be used to mark or enclose the boundary of a parcel, or to privatize an otherwise public viewplane. Use of indigenous shrubs or trees to enclose a portion of the property immediately surrounding a dwelling, barn, and/or accessory buildings (as opposed to the entire property or a large area of the property) are permitted if made to resemb/e similar windbreaks located near older properties in Rural Areas of the County. If landscape enclosures are proposed within the activity envelope, they will comply with the standards cited above. (5) VISIBILITY CLEARANCE All landscaping Shall be insta/led and maintained so that it does not interfere with the ability of drivers to see nearby traffic at the intersection of any driveway with a public road, or at the intersection of two public roads. All landscaping will adhere to this requirement. (6) UTILITY EASEMENTS Whenever the provisions of this Sec. 7-20-130 would require the insta/lation of trees or shrubs over or on utility easements, where branches or roots might interfere with utility lines or pipes, the required location for such trees and shrubs shall be modified to require installation at the c/osest location that would avoid potential conflicts with utilities and would enab/e the trees and shrubs to serve the same landscaping purpose. No utility easements encroach upon the proposed Activity Envelope. (7) FINANCIAL SECURITY The Community bevelopment Department may require financial security in a form acceptab/e to the County Attorney to ensure completion of installation of a// required landscaping and/or successful establishment of p/ants. Financial security shall be submitted if required during the Earthmoving Permit approval process. (8) MAINTENANCE All plants shall be maintained continually in a healthy condition in accordance with generally accepted professional horticultural standards and practices. Within areas required to be landscaped with insta/led plant materia/s, plants that die or are unhealthy shall be replaced. Landscape areas shall remain free of weeds, litter, junk, rubbish and other nuisances and obstructions. Maintenance of planted vegetation is in the best interests of the property owner and will be conducted after planting is complete. This will primarily consist of insuring that the replacement vegetation (native) successfully survives for the first ACTIVITY ENVELOPE REVIEW PARCEL ID #2463-272-00-DOq Page it OQU~~1 two years after planting, and the pasture grasses plants is provided with sufficient irrigation. No further maintenance of the native plantings should be required. Required Landscaping in Rural Areas: (1)Landscaping is required for the following purposes: (i) to screen satellite dishes and other telecommunications equipment when located within five hundred (500) feet of adjacent public roads and visible from such roads, and (ii) to screen parking areas and service areas when viewed from adjacent public roads, (iii) where necessary to comp/y with the standards of Secs. 7-20- 70, 7-20-80, or 7-20-120, and (iv) to revegetate disturbed areas. (2)Landscape treatments sha// cluster shrubs and trees into groupings similar to those naturally occurring on the site or neighboring sites, sha/I use indigenous species of shrubs and trees, and shall not be installed in regular/y spaced lines or rows, unless more specific provisions of Secs. 7-20-70, 7-20-80, or 7-20-120 require a different treatment. The above stated landscaping criteria for rural areas will be utilized within the landscape plans for the property. A detailed landscape plan will be submitted for approval as a part of the Site Plan application. SUMMARY Based on the information submitted in this letter, we believe that the proposed Activity Envelope request should be approved because it is in compliance with all applicable standards of the Land Use Code. Thank you for considering this request. If you have any questions or requests for additional information, please contact me at 927-4645 or tomn(a~sooris net. Sincerely, ~ ~ ,_ --- ~ Tom Newland, Newland Project Resources, Inc. ACTIVITY ENVELOPE REVIEW PARCEL ID N24fi3-272-00-004 Pege 12 0001? ATTACHMENTS ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT3 ATTACHMENT 4: ATTACHMENT 5: ATTACHMENT 6 ATTACHMENT 7 ATTACHMENT 8 Pre-application Conference Summary Owners Consent to Represent Disclosure and Proof of Ownership, List of Adjacent Property Owners Address, Legal Description and Vicinity Map Pitkin Countv Community Development Agreement for Payment of Land Use Application Fees Improvements Survey Existing Conditions Draft Activity Envelope Plat ACTIVITY ENVELOPE REVIEW PARCEL ID M2463-272-00-004 Page 13 UUUU13 ATTACHMENTI Pre-Application Conference Summary Sheet PITKIN COUNTY PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY LOCATION: 6315 Hwy 133 PID# 2463-272-00-004 ZONING: RS-30 PUD OWNERS: Qunchman REPRESENTATIVE; Tom Newland DATE: August 25, 2006 Type of Application: AActivity Envelope. 4.2 acre SIZE: PHONE and EMAIL: 927-4645, lumn;~i:gpris,tcl PLANNER: Mike Kraemer, 920.5482 Description of Project/ibevelopmenh The Applicant is requesting approval of an Activity Envelope with vested rights to construct a single family residence. the parcel possibly conUains a historic structure. The Applicant requests information on Historic Preservation but it not required to address the section if not applicable. Sec. 2-30-20(g): Activity Envelope Criteria for Approval Sec. 7-10-50: Activity envelope Sec. 7-20-20: Steep and' Potentially Unstable Slopes Sec. 7-20-20(e) 2-10: Grading Sec. 7-20-30: Water Courses and Drainage Section 7-20-40: Floodplain Hazards Sec. 7-20-60: Wildfire Flazard -Mapped Low Wildfire Hazard Area Sec. 7-20-70: Wildlife Habitat $ec. ~ - 20-)1 ~eJ:~Rur aract r (i ideli or '11 ding gocati~T ~ ~-~Q/1~~1 ~ ~ ~lea~ -20- 0: L scapi nd Ve !on ectl `' Staff will refer the application to the following agencies: Crystal River Caucus, Carbondale Fire District, Natural Resources Dept. (Warren Rider), and CDOW i OS"t^ Review by: Community Development Director Public Hearing: No. However, Applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners at least 30 prior to the hearing with the retupn address of the Community Development Department (copy of the notice to be obtained from the ~ommunity 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 pub55lic~~Imearing. FEES:.Sa;382~3~~~ aiY~ • Planning Office flat fee: $~T1~ (non-refundable; based on 12 hours of stafftime. If staff review time exceeds 14.4 hours, the Applicant will be charged for additional time above 12 hours at a rate of $231 /hour) o Public Nlotice Fee:l$Sd~r ,,sPCy!~ ~ ~ ~ /G~ /~~ N~~' o NaturafResource Referral Fee ~°r' ~ r,~ G 7- ACTIVITY ENVELOPE REVIEW Page 14 PARCEL ID #2463-27200-004 000014 To apply, submit 5 conies of the following information, unless noted otherwise: I. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" Site Plan as designated in Section 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; 3. Previous Land Use Approvals (if applicable); 4. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin Counh Land Use Application Manual; 5. Proof of ownership of subject property; 6. Parcel description, including legal description and vicinity map; 7. Total fee far 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 al I adjacent property owners and mineral estate owners (1 copy) I I . Copy of this preapp form (1 copy) NOTES: PLE.9,S'F_ SL'BrL11T UNE UN601iND AND ONE-S/DED COPY OF YOUR COMPLETE 4PPL/CATION. PLEASE SU13h9IT TWO-.SIDED C'OPIGS OFALL REh1.41NING CY)PIF,.S OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL lDs SHOULD QE /NC'L ~'DED ON .4LL DOC'C641ENTS INCLUDED IN YOUR APPLIC'ATlON. ALL MAP.S,SHALL 11E FOLDED. This pre-applicatinur conference srunmary is advisory irr nature and mr[ bhxling on the Cnun(y. The information provided in this sumnvary is based on czrrrem zoning standards and staff's interpretations bused upon representations ofthe applicant. Additional information muv be required erpon a complete review of the application. ACTIVITY ENVELOPE REVIEW Page 15 PARCEL ID N2463-272-04004 000015 ATTACHMENT2 Consent from the owner of the property for the representative named above to process the application and represent the owner ACTIVITY ENVELOPE REVIEW PARCEL ID N2463-272-0DO04 Page i6 O~J~~U Richard John Bunchman 6315 Highway 133 Carbondale, CO 81623 May 29, ?008 Mr. Michael Kraemer, Planner Community Development Department 130 South Galena Street Aspen, CO 81611 RE: A (ITHORIZATION TO REPRESENT Dear Michael; Please consider this letter as authorization for Tom Newland of Newland Project Resources, Inc. to represent me in the processing of land use approvals for my property located at 6315 Highway 133, Carbondale, Colorado. Mr. Newland is hereby authorized to act on my behalf with respect to all matters reasonably pertaining to the aforementioned approvals. Should you have any questions, or if we can be of any assistance, please do not hesitate to contact me. Sincerely, '~. ~~ ~~~ ~~UGuG~,a~ 12ichard John unehman ~~~)~1~ ATTACHMENT3 Disclosure and proof of ownership of the property complying with Subsec. 5-70-020(D) and List of Adjacent Property and Mineral Rights Owners ACTIVITY ENVELOPE REVIEW Pa4e 18 PARCpEL ID M2463-2T2-0P004 00018 .~ Land Title GJ•4~N~E[ CDUN~NY Land Title Guarantee Company Unto: to_os .o0s Out OrUEr \I'untBer: Q3g733d Ptroperty Address: 6315 ~L'GFiW.+.Y tar CARBONb.ai_E, CO 81623 BvyerBorrnw¢r: R]CK HUIGC.E:L~tAN A,~*p b1ARF. B~JNCii1+1A,~1 Seller/Owner. FLOR,ENCc A~VN BROhDIiUR8T map or directions for your upcoming tlosingl Check out Land TiUe'S web site at www.legc.com cdons eo any of our 54 olFice locrtions. ~STLMAiE OF TITS 1?EES A2G Owners Poliay f0-17.92 (Rrisaaa Rase) Alta Lvm Policy 10-17-92 Tux Cr[tifios[e S?Ss".00 S7S.00 520.00 If ..--Q r[eia Cu~rancae eaeyvcy /111 }e eleeLey thSa Cram.veLan, aJ.o'e Lese rS.1 be aa2lwOm[ ac C6wr TOTAL Ss~~.oo '°" ~""" °•~°~ 7T3ANK 1'OL' TOA2 YOtlit ORDER: BB1-, tt0/i;OG d t81-1 C45sSi60L8 m:{~ w`[~ ¢uaoN o41-'~'J: W•00~61 5~-e?-~; 000019 Report Dnro: lil'fklRDQ"Di:DjP;41 i'YTi<IN CQU(YTY 1REASUPP,ft CERTTF[~r TAXES UU~ SC}IEDULc' NU; ft0Dia75 [ HSSF53tU'~ O' ORDER i,p; L":C#3E73:E C12VADHURST Pi.OFr".i,CE n?vN VI:NDOR,1Vp; 2C.. °U 3Ox I55 LAND TfTiL GLaR.a~l t,,• r,O _ CA7ZgO1`GAL2.CC$iE23 54:GrI5T.`'ipt'KI~~S LL'GAL DCSCRIP'tIUN: .. ASPEN, Cil g!E; I Sr`:Ci~.T\4'\'.RNG'9i-$-53 D¢:;L' TRACT OF L;~ND I\ .U •t OF $EL 37-c, y ..~~~~~-___ '.'U T!dE 3LY 6OUNCaRY I, U.:<. OF 5A!p Lp'Yq F„Y OP R R- LY!!~G ItiLY OF & .41,'+J,gCCNT SAiL` LOf d SLY OF Jc ADlAC dN T TO ThF, 5LY AD;AC iv7 Ti) Ti•iL CvLY Bp;JNDAR'/ ,..(NE GF TO THE WLY R-C•JJ EP,NK CFTHUViPSON C'aGLK ~ WLY CY F. .a-tACES'C LINii O} CUi.O $ T I•tWY NO t3? SAID T, RCC" BF,ING MORG F'AIdTfC'J!.A itLY DESC 45 FCLLOW'S pF.GIN~;INp nT Tl•fF SVJ CpRXcR Of SAID LUT4 tot !•i 4D5.00 FT ALONG THE W UY DOUNUARYL.?'cpFSAID LOTATOAPOINTOiVTI•It-:SLYBANKi.C Sa7DTWp,v:PSONCR$FR'f{S3G cO .~='p?" E 273.64 R' A L!~NG S.nID S:,Y BaNiG TO A ?OIV•^ ON THE WLY R•O•w ' INE CF SAID IaWY 0 L, Ti•I S 03 DEG L^".'00" W d;{i.g3 FTALUNG $AlD WLY R-U-'d' LI~:E .-'U A PpIN7 nN THG 5LY BOUNDAItYL•NCOFSAIDLO7<Ti{`N 247.TCFTALCONGSA!OSL'(BCUADA.RY L.'N$TOPOINTUP br.G:hN!NG(THF,51v CGRNERUFSA!DLO'id)CUNT0.66aC 61/L PARCEL: ?'CW<7_OWU4 Sl'tL'S \UD: 6315 HWY ?3 CARf3O~O 'TaX YEAR CHARGr TAX AMOUNT IXTCRLSI' ~- ALL 'DGd 1'q}( FEd5 _ TO'taL TAXES 1.3b%.70 O.QO D,00 C:Jt,.\ND TOTAL bUE C~O()ll Ti•CROUCH 10.'04/2pA5 ORicl~:u..TAXriud.INGFOa2~n~ T<}x~ISTRICT Authorlry UIy..ITfz-tivp PIT Ki\' COU\'"I'Y MiU Lcw r\rn6unt Valuec OPEN:Pai;C!STR.4:LS ""I) 946P RLS;!;eNTIA1 CARB!~~DA.Le FIRS PRC'TC•CT1v 3.;69 S J6 )D9.94 ROa.RIN(i FORK SCHGCL OIkT . a l'~'T6 1'GTAL COf,CP.A.DU wl'h; n~LLiCE j,5~; L?O:f .5 COLORADO RIvER w~TER CONS nyS2 I Ibsy ~~-ST lll VIOL t'rATER CONSF RV 7Ji . P11'I.IN COUNTY LIBRA R1' D' 137 1 3SJ x•00 F;U'N[aN' SVC d: pT:~ER CRr1NT'S . ~0,7~ U Sn! 1x 61 TAXES FUR?Wx , ------.....•• 6_.5vi 1.83x.70 FrF: FUR THIS CEI1Ttt~ICATE ~~ ~ - - 1D.DD Atge: 1 2uoe2aal PAID TOTAL DUE 1.E31.'0 4.Or n.m;i __„ O.UO Actu~t Asacsszd ?6S.4G) 29,17ri 76d, iG0 _y,i-0 ti ~. L TAX LICK SLI,F, n;.!OVNTS ARR SUBIEC'f TO ;;!•1.^.NG F_ Duff TG E\DORSh>•IL-?t7 OP CURRENT TP.Xf;S fit THC LFFtdItiOLpER OR Tp :~.ovrt:TI51P0 nro nl5"I<ntM wnRRnN`f PEES CHn NCEB FnaY OCCUR aNp i I-It-. TRR~5U'RER'S OFFlCE u'iI,L NcEC TO Ak Cc)N'I>~~7t:p PRtpR'fO RErrtlraNQE r,IYER TI•IC PDLI.pwINU DATES. PRSONAL PdpfERTY ANp ~dpBiLE }IOMCS-S3PT3MGLCR I. REAL PlipPr RTV . SEPTEMEER I TAX l,tfit,' SA4.E hFDP_MPTION nmmmTS MUSE BE I'nt0 DY Cw3H rJR CASH I6R5 CI1CK. SPteCi ~l -1XM^u D151"aICT$ AND'"kE BC)ClNCAR1G5 pF SUCH pISTRICT$ b(nY riE ON FFLE ti'ITN'tiE :iOARD Cr COI,'1T'( UUMMISSICNFR$. THG ;AUNTY CLY-.RI[.Oi 7M1IE CO'~.1N7Y ASSESSOR. 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I 1 IS 70;yq pf rna:a :IIP, ZPt:F ;' SCP.'a7: 'J >pdge]' ;ra'AL'r eculntd by 'Mi n. IS+D dne qp I~f OV:ond OJILt 19n2 FLW~i1IPVi;nGdlh9 of W~:n ip n, l^ $Cnf''.JIJ .S Ip1 174 )P~'rr ., IciSa pmm IIEL i+r Ond :ULt ilBl'll lY l: t. ,( t nit I S "fg m Cp^er~ja pl ne re.~ +r .Clic r 'DOCns sd SDr ~n favor u( -,ne pu07:ac !nsu•~; w,an. La hs e.Y rCCrDJi(Cd :`) rdF .,.Cn a!C -y; ~ p:n ]` II r3 Cmnn'':Atnl PSC9J: 7s efC:FSSIY mG;IgiC ,b ~+n a AwY FCtiPr ][;; I.Gri Jr n~h19 Oi A^1101 `Pt i4:. A:f,;c9PC irSFiL n1° /p;C [r n::y pr:oy ,: pna'. InA C:R.p, M1y aE;•g 0:1 p. the sSCmi or thi 15tl :] NP amass o' Inm'^a cr IAe sera: ?I d•. rnrnlege Ihel]O,r LaKrz; gv JIS Cam~n:mirl rmu za n:;q! ]n icd as tu:gcl '0 1; a en:°~n'IDS cf 'Ms CCmmnmanl. 4TON'JL6D FXCE'TDI:$ In adQuan t0 Lh9 me:'.e6 <CW:LCAC '.n IhE COadr.'T,A Aci S:IpfACIDrs ani btd7PC+s Irani i:CV3rsgt 07Ce1 rect.:td ',p, Ins Cemmisnpnt 's s.aa sulec.:e Ih: lohna.rg. +. F;yhs Dr clirmS pr CinMS In p]!tt!s:in nm [hD'•r by .h4 ;g; ID mcdrd5. ~~ (laf4minl5. ]r da1m5 O( aE]dnenss. npl ih[wn Oy Ihr. GuCl, r$py;5, :: t~1;Cf1;inGi9, cpni4Cla to ]nendAN :int5, ShCRJgC ~0 Lai ant,Gii[,hmwS:. and Ina t]Ci7 tti'ICh 9 [YRi[ susaY and :nsCC;Uer dl rht prmiSFS ~se'di ?rsrlmc :c[ wrlph iA net sh7wn py d.A CuSLr, mcprca. 9fd +C'~ aCCWr CY Ins puGllc rpWrda ~ Arry AEn, Cr ri,'OVr ICs ?er. („ :pm¢vS. 46m it mi M.'N IEA@lafirS 71 h1'C21:4r lat•u `5' rnPIDid br liw 5. Ce!ects hgn5, in;umtrn'¢xs adverse [lams 0r 011!v: mICL015. 1' arty, dratted. Dm appeenng Ix da putt: rA[P: Ss nt a{S;Ching a1165BCUAn! t0 :Ae GP!aa ~Ya Ce('_ ,e:auf a.l! ]eg, :0 IYS due th0 PmDDABi! InS'lrep 3C;xlfii P! r9Cerd ILi a7'uP lh: FaSA'3 J' :aIF?;' Pr mprsppi IhOnlpn c0eSr1G [~ .h,9 Cemmnm/nc IH '1/I'NE$5 NM GrECF, CIC gAPVbdC NaSlpnal iglQ 'n;pinC! CCrY0/nY hpa caus4d ds uvpDrelx nant And 171( Ix fie herei~PSC aHlaed 5'e CIF duh Sa1n9RdA pNi;gp 7n ;hl cut SnUSm .n $GP9puia 3, q Ce 4al.d Yd39n Cpp dprHgnAQ 5% !'?!d0L'ag pfIICJ: 01 pVir AU;hpeAQ slgnifdv. i i' a __ ~~+ oar Earn eooz 661.-d li0/>00 d 252^1 Qi6~$96C16 OlA AEPG21iIC NAT1pNAL TITLF, INSUAAMC(COMPANY A i~LCwk A@A3riy 4005ROQdA:'e^Ja Spvrh, Minneapolis. M%nnsror~ 15Jp1 !61:13?J•I'I~ 31' jN~ .. dhn er ,1 7 q A nr ~U vl I tla(d xeT oNeoy oyi_wpsd Presideni ~ n;~ WECC18p 50-10-01 ~~~~21 Old Republic National Tide Insur;ince C~,vvfiany ALTA C0~1Mt2'yrgNt Out Order Nn. Q38T33G Schedult'A Cuse. ReL, Pi9peny address: 53t5 tit0[:Wgv 13: t:nRBPVnnLE, Cc x1623 1. )?((EC[ive ]hle: O.tober 02, 290' at .S:pG P.M. 2. Poker tp he Issued, anal Frop~sed Insured: "A.t.T4" Ouver'c Policy 10-17-92 $G28,QJO.DO PropoFed Insured: R[CK BCJNC1Ir1,iN P.ND btARIC BUNCHMAN "A.I-TA' Loan Coti.y 1G-?7.92 5533,800 OG Prcp~sed insured; TBD. ITS SUCCB85CItS AI~~/OR ASSIGNS 3. The estate or interest in the Lord described or rc(ciied to in This Commitment and rnveied herein is: A Fee Simple 1. Tltle Co the a,ute or intep~e5t trorered herein is a[ the effeetiva date hercuCweSled in; FLO1~kNCG ANN BP.Oa+,AIiL7tST 5. 97re lanrl rc(ctted to in [his Commitment is desribed as follows; SEn ATT_gCFT$D PAGE(5) FOA LEGAL DESCRIPTION E61•d ilClSOG'd Z8Z-1 Oly45D6~1y Li!j met o~ooi; ayl-uto:d We0(1~66 50-1J^;:i 00002 Utlr Urder No: Q387331, l.EGA1, DESCI{IpTION A TR4C'!' OF LAND SITUATED iN LOT' 1 OF SnC7?UI~ 27, TOW;+TSHII' P SUt;TH, RaNGE 3F WLt'S: OF T$3 SIXTI; PAINCIPgLOL'TT1ERI~Y ~ ~~ e pUhTY, COLORA.CO, LY(NO ~URTI•IERI.Y OF 4,~ID ADIFsCENT TU TFIE D..RY L!N'C 0 C A.71aCEl~T :'U THc tt'£STLRLY DU~TrDp.,?Y LLtiP OF SALG L0~1 ~c~1 TI E•AS'i'ERLY OF A?6A TO T}t(: SOiJTHEItI.Y SANK OF TF{OI~G3;'ON CRGgg, AIrD WHSTgr.L1' U,=~`L~Y" OF AND ADInCLh^I• w'GSTEAI_Y'ZIGrIT.OF-'uAY LGVE OF COLORADO S'I-A7"F. HIG?-IR' ~'C AJJACG,T, TU TFiE LaND DT;fl`:f+ MCRE PARTICULARLY DESC~Z'5bD F.S PCLLO WS '4Y No. 33. Sale TRACT OF DEOINNiNG AT T!{E SOUT;{R'EST C:JRLER OF S,gID LO7' 4; TFIE~'CE NOR T !{ 45.00 FEfiT AI.GNG THE WaSTERLY bOVNDr;RY LINE OF S.n1D LOT q rU A POINT ON T!{E SOUTHERLY DP,NI( OF 5.4,tD THOtvjp.$pN Cp~EK: Ti~NCS S. &6 DEGREES 02'00^ w, 273.ti4 FEET ALONG SAID SOUTI{I:RLY GANIi ?'0 A P01yT ON TII£ W ES'I'ERLY RIGHT-OF-WAY LIYEOF SAID HIGHWAY NO 133 TF3£NCE 5. 03 DEGREES 23'00" W, gg6.83 FL'ET ALONG SA~[D WEST[?nLY RiGI•ti •OF-WAY !,:tiE TO A POINT ON t'~ SOttTFILRLY DOt1NDA12Y LZC7E OP SAID LOT 4, TFIENCE WEST 2g7,i0 ^EE7 ALONr, SA117 SoirCF'BRLY ECUnDAF1' LINE Tc Tgg ly~uti,-t. OF' FEGI.NNINC ('*I-P' SOUTFIWES^ cuRlr-EI; OP S.4TD LOT 4), COIi'NT'YOP PITtiI1', CTATE 02 COLURAi)O EStti ll0/SQO d Z8E-1 d15S59EC:S yal~ Mel aucory ~cj_m-,~~ me00~SG SG-LO^0 OOOUZ3 ALTA COMMIT!v2EN'I Sciaedvie B_I iC2equirrmenls) Ow Vrdt:r \u. Q38?335 771e follewinq ue the requireaavrats to be tvmpfird wide Payment to qr Yer the accou~e c.` fhe gtsnto;s or IDOrtgagnt3 of Lhc E,ll cona.id~rtticn f:r the estutc ar ittte; a>t r, ~e iasucd, i'rcper tnsti^sment(s) cresting the esrnte of ;merest to 6e insared ttturt E+r azerttted,aMt duly filed Far re;oni, to-wir 1. W'ARRP.A"IY DEED FROP.1 FI.OL2LNC'r ANN ERU.'~HT,TRS'I' TO R3C1C cLaNCHb1AN AND S1.4pg BT, VCTiirlgil CO:VVL•YI~iO .SLB~(;T PROPFR7Y. 2. DEED OF TRCST FROS1 RICK 6UNCHM~.N ANC MAi2.K OUt~CHMnN TO THE PUdL(C TRa!STEE 0!: PITKiN COUvTY FUR TYIE USE CF THJ TO SFCrrRg "HB SUM OF ss=,aco.oo. 681-d ll5/1C0'd ZBZ-i G1SSSa601fi W:Id Mel euooy oy1-wo,d ~'=pp;o7 f0-1C-C; 000024 4L'L'A COMMITPdENT ScC:dulc 8-2 (Exceptions) Our Ordu Nn, Q397 3„ The policy ne poliries to he issued wit! «mLtin excepliuns to the t'ollnwing unless the same are disl,oeed oP to the sn tisRacdon of the C~mPan~'; r. R;ghu or claau o! parties inposse?;icn no; al,nup by thr public tcro.d_. SasegtrRC., or elsims of eRSrmenC~, not shcvn by the puh$c re.cotds, 3, L`ucrepancies, ecutlius is boundary liras, s:roro,ge ~ area, ettcroacltitteat,, and any facts w'hici, a a,r;tct survay and insputien of the premises would disa,~se apd which are not alrown by U,e public records. 4. Am lien, or right to a Ile0. Far smrvsres, lxt+or or Instal:! Lheretcffire or Lareafiet fiuais!re,f, irnpos.d by Ixw rod ,tpt shown by the publi^ terorrL~, 5. De4P.~ liars, encotnbrance.s. ;fdvCtsz :Iairr7s or otSer motors. i! any. crrnttd, fist ;pp~sring io dtc publi: recur:ls et iltte he eztnbtsr~orent: est ?tatft~•gve date hereof but prior tc ~Le dete the proposed insured acyuitad of record for °' ~ non ,~ ~ K 5' ~lareon covrnd ay this Cotnnliftaen;, 6. "axes and ass:aseMent~ net yat Jv_ ;:~ payable and r,ee(al ,~sessmears not ye; c:ninErl to 'he ; re:~,urrr s office, 7 Any unpaid Utxr9 or a..rsstnrnu: eainst said Ltnd. A. Liens f'cr unpaid ~+utrr .usd sewer ch;.rgns, if any 9. RIGHT OF PROPRIETOR OF A vF.L~ OR LDDE TO EXTRACT AND RSMOvG E;.tS O;Z$ THERE?ROM SHUULD THE SAME BE FOUND TO PENETRATE OR iNTERSBCT Ti?E PRE\27Si_'S P.S RESERVED IN UN1TI[;D 5?A'T'CS PATEN R1"CORDED APR_l. C2. 1934. LY BOOK 55 A1' PAGE 3C7, IG, RIGHT OF Vr'AY FOR DI'('CH&S OR CAPtgLS CONSTRUCTED DY' THE ,s,(1TFtpRITY OI: TFIL UNITED STATL-s' AS RESERVED LV UNITED STATES PATENT RECORDED APttlL G2, .934, LN 3O0K 55 AT PAGE 3G7. tt • E.4SEMEYf .1ND RIGHT OF WAY AS GRANTBU TO PUBLIC Spr~~TCE COMPANY OF COLORADO IN CIVIL gCI7ON NO. 31 t0 AECORD$D MARCH 23, 1950 [Iti BOOK 190 AT PAGF; 1SG. 12. ARTY QUESTION, DtspUTE O R .iDVgRSL• CLAIMS AS TO A,'vY LOSS OR DAPf OP LAND AS A RESULT OF• ANY CHANGE TN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NA'T'URAL, CAUSES. OR ALTCRATION TFIROUOIS AV"f CAUSE, NATURAL OR UNNATURAL. DF THE CE,TTL•R THREaD. l3ANK, CHANNEL OR FLOW OF WATLaRS !N'CFIE THOMP90N CREEK LYING WTTHiN SUBIECT LAND; AND ANY QUESTION AS TO THE LOCATION Op SUCH CL•NTEh.'tH'RGAD, ©en, BA,rK OR CHANNEL AS A LeGg4 DESCRrpT10N vtONUM1rNTOR btARKFIi FOR ?URPpSES OF pESCRIBING OR LOCATING SL'B!ECT LANllS. i BB!-d l10/800 d d82-1 0!5559&0:8 'alit Mt; euroN euL-u::,t wetp;op 50-LO-OI ooou25 ALTA COMMITMENT Sehednle $_z (~YCeptionsl Our Order tio. Q3~%3~tY ' i The pnticy yr policies to be issued +vtll conta)n eacepdons to tl~c foUowtng unlecs the same are 6)spased of Co the satisfaction of the Ct+rnpany: 13 EASEMENTS .4rrp RIGHT; Or wAY ; OR TEIL• PIONEER DITCH. THE LOw LINE DITCH, AND Tliih 7HOMPSUN DITCH, AS SANIG ,M,AY EiFFFCT SL'eIfiCT PROpSRTY. 14, ENCIiOACI'IMENT Op FENCE ONTO RIGHT OF WAY FOR HIGHWAY I?j ALONG THE r".gSTERLY -OUNDARY OP SUBTECT PROPERTY AS SHUR'jV ON THE MPROVp1~NT LOCATTON CERTIFICATE DATED SEPThMEER 2. 1997, PREPARED BY LINOS [N SPACE AS 109 N0. 97059. 000026 881-d PJ/800 d 288-1 BL555tibOd6 wii) Me; a~~onN oyl_we~j we10~80 5G-lG-i1i LAYD TITLE GL'wlt,z\TEE CgyfpANY DISCLOSL7ZE ST~,TL• btE;v"['$ Not.. !'ursuatlt t0 Clti 10-11.122. nn ;ce is hereby given that; A) The 9ahjrct re:il pretty Snap le )sealed iu a specie) cazjyg district, B) .~ CeniFica2e of Tazes >7ua listens awlt nixing jurisdiction )nay be obnine:i tram the Cvuuro 'Cre:uurer's authorized assn[. C) Tha inform.7tron regNrdirart+ spc~:ial dyh7:ts aqd Iltc boundaries of such distri0ts may be ab~nsrl from the 9oatd Of County Cotrtmrssionsrs, ti:e County Clerk:tttd Recordzr, os the Caugty A!seswtr, Neee: Etfeetive September 1. IY9". CRS ,r_1^-SOG raquirrs that s]i dxuRatncs received far txcardinq Or tiling in the clerk and :etvrdar's office shall oanrain a lop margin Ot at feast one inch aad ,left, right and bottom IItnrgin of at lea, t ore )gall of an inch. The clerk xrxl rmcordet ,may refuse t0 record ur file any document that dons ant conform. except that, d!c rfgttir=meat 1'Or the tap Olarnin shall not apply tc do:umena usiag Yarns on which ;pace is provided far rccarding or filing ia~fortnatien a! the tOp mugs of the dxumrnr. Nna: Colorado Ui'~ision aF insaranex Re_:ularioas 3.5.1, Paragraph C of Ani;;lc ViI require.; that "B~ery tide entity shsfl be respOnsibir Por al! mnaers whidq appear of ;rend ntior tc the !imc of rzcordiag wLznever the ;iae etrciry canduers the clnsins and is :esponslbta for r::urdtng. cr fdinc of leg;ll document= resultsug 1Fut0 the trans;tutfo¢ .vhich way dosed", Provid!d !hat Land Title Guarvuee Company conducts the aioaing of tl:c i:uureJ trar,saa;fer. >,nd is respvm,ib!e tar rzcrd'mg the l~e:d documzt;L• from tlm transaction. axatptior, number S will not appc,r oct rhr. t?u'nrzt's TiUz ?uli~y and the Lenddrs Policy when i93uxd. Note: Atliauuive machattic's lies proactin¢ :or the 7wnrr m;ry br. available (typically by deletion of L-xceptian uc. 1 of Soltcdul: B. Satxiua 2 of dtz Cerrmitmctat tram, the l)wnef'S?oii.~ m be issued) upon camplianca with the fcllowing coudirious: ?.) The lord dasoribed in S .tedule ,~ Ol' this eomjnitment roust tae a singlx family iesideoce ~zgtieh includes a cOnduminitun or rowt>txruse orris. B) No labor or tngcerstls have base filmishcd by mechttnies or mtuerial•mct for pur(soscs of coasmtction on the Lgtnd desezibed in Schedule A of this Commitment wid;in the past 6 mendts. C) The Cnmpatly must receive as approptiatz Affidavit indemnifyin~* the Company agaittat un-filed mechanic's aad rnacerial-mm's liana. U) The Comp:uty mace receive paymem of thr approptiare ptsmidm. E) If there has been conc'txvetion, improvzmarx or major rpaus m;derutkcn as the prcpatry to be purchased within sit [tenths prior to the Dore of the Commitment. thr rrgairem-nts to obuin wvera~ fOt'snT:cOIded liens 'a'jll include: dlsr105uTe of cerGl171 CptL7 LiUCtion 1ntOR1latlOn: finarxial lilfUr711atlen as rn the antler, the bnildar and or the mntrwtor: payrnrnt of the appropti,ua premium fully ~xecutcd indemnity Agreemer.G satisfaemty to she company. and, any additional zzyu;remxnts as may be necessary utter :m examination of toe afote5aid :nformatl0u by the Company. No euver..ge will be givza undtr any circumswnecs t"or layur ur rtaaerirf ter which the msurzd has coatr:,eted !'or of ag2ced to pay. Note: Pursuant to CRS 10.11-129, entice is huroby given; 'Ilxis notice applies to owber'a policy rAIDmitmenis oanMlning a mineral reveranor. iastntmznt ex.-cptioa. or execptions, in Schedule B, Soouon 2. A) 'T'hat there is rueorded witkncr tbnt a tn{aeral estate h0. been sever¢d, leased, cr otherwise ton'+eyed from the surface esulte and drat there a a substaatiul likelihood that a third parzy Bolds some or+dl intzpest in oil, gas, Odl:r minarets, or geothetrrral energy in rho prepem; and B) That such mineral extake m+y ladud- the riSht to eater aad use the prepmrry without the surface e~.Vnfc's prrmiiaston. Nothing lzaafn contained,wrIl be deemed to oblique the aompngy to provide any of the coverages referred to hatLin unless die above Donditiom aro fully satisfied, Form DISDLOSUhE 09J01/02 68.-d llC/0I0'd t8Z-1 O:SSSP6016 ¢tii aE9 aucap eyl.uad aeI.~BU A7•!0 ]l ~~~®n / ]PINT NO'CICE pG FRIV.~Ct POLICY or LAND TITLE GUARAA~CEE CUhIIeANY AND LAND TITLE f1VSLRANCE CORPpRA'l'1dN AND ULD REPUBLIC NAT7pNa1. TITLE 4*ISIRtAiVCE C0~[PA:1'Y Ticia V of tlta Gr~_rnm•LcaOh-81Iley Act (GL3Al eenerctlly prohibits say finttnclal it«~aituti, n, Cit¢etly or thtnu~i its affiliates, from sha-ing noapublic pernettud tafonnatian about you wttb a noaafCiiateC thsC party unless the "asrimtian orovides You with a notice cf its privacy policia: acd practices, slo& as the ryp= of infuttnatioa tlwt :[ aolleOts about you and tLa trasegorles of persons or endries to whom it ma}' be disdcsed. Cu cotopliance wilt rye GLBA w'e are prgvidinC yeu with chi; docuatenr. which eOdfics you of the privacy policies end pra:.tices Of Land Tice unarnntee Company and Land Tide Insurtmec Cerperatfon sad 0?d Republic Nnti~wd Title Irs~rance Company. we cosy collect nocpubliO petaen+l infotwttion about you from cite lollow•iny s0aree: tnfortnadon we revive Born r~,u such xs on applications or gtltax forms. Infor;nadon vtboar ycw• trangactiells w.: ~^ctsxe &Om nut files. Or from nor efllliates ar others. intotrnution w= receive fnm s conxumcr neportirg agency. irfennauoa that ,v: t".'r:ivO from others invglvad la yeux 7a0.saetion, sec ss the w.al ?+Catc agent Or lender. Unless ie is speeitlcally stated othrtwisr in an atcznd:d Privacy Po:rey Notice, no hk}ition:u aeapublic pers0aail tnformation will )r. coilec:ed abw.tt you. We may disclnsr any Of the ~ai-ov: ioforsnutiaa that we oOlleut about Our uuBtUtrcrs nr former eustatn_rs to our atflliams or Cu nonatl'diatec' third panics as permitted by law. We tdso nay Cisdnse this ktfetmation about our customan or POtmer rustomen to tha following rypas Of agnaffiliaeed companies that prrfcrm ttattketing serviOes on out behalf or with whom we Itavc;oint tn:+rk:ting agroetnsats: ' Financial service provident such us coQlptttlles ep6aged in hankie@, etmsumet finauce, sectn'ities and inruraW:s. e Nan-fmartcial cornpattieS suck is onvalope stttffets and other Fulfillment serviOe pmvidets. WG DO NOT DISCLOSE A,NY NONPUBLIC PFRSONaL L~J=OItMA':TON A)30L'I' YOU WITH tiNYO,ti'B FORANY PURPOSE TbIAT IS NOT SPECh=tC.+tLL.Y PER'vil"1`;ED IIt' LAW. We restrict access to nOnpablic pctwnai information about you to those employeES who nee3 to lutow that informarion in ardor- w provide products or servicet to you. P/e trtaisstttiu physical, eleetronia and pr4eedura) safeguards th. t :amply with federal tOgulatiOrs to guard your ngnpuhlic personal information. Form PR1v,FOL.ORT 5SI,-d ll9/(lO d 282.1 i)i9:S94OlE ani m. i vwary .yl--=•: _•w•e~ ,~ .~ ~, ODUU28 CHAPTER 7: DEVELCFMENT STANDARDS 7-""<C: Rural Character, Envirornnentaf Protection, and Natural Hazards 7-2Q-4Q: Floodplain Hazards (2) Activities and development shall comply with all state and federal statutes and regulations concerning the protection and enhancement of water quality (including but not limited to the requirements of all state ar;d federal permitting programs). (3) Activities and development shall be consistent with maintenance cf the Stream Classifications for the Roaring Fork River watershed, as identified in Section 20t; of the Roarina Fork Watershed Management Plan, and shall comply with state regulations pertaining tc raintenance of these ciassificatiors. (i) Efficient 1Nater tine Activities and development shall emphasize the most efficient use of water. inGuding, to the ertent permissible under law, the re-cycling and reuse of water. T-20-4Q: FLQODPLAlN HAZAP.DS (a) Flaadglairt Maps (i) In addition tc the Pitkin County Flocdplain Regulations, the standards in this section apply tc mapped floodpla_ih hazard areas as depicted in the Federal Emergency Management Agency (FEMA) Flood insurance Rate Map, National Fiood Insurance Program (June 4, 199?. and inc!udirlg any subsequent amendments to that map) and areas determined by the County F'oodplzirvAdministrator tc be in flood hazard areas. (aJ \Nhere a property owner believes that the mapped floodplain hazard areas shown on the FEMA Flood Insurance Rate Map are inaccurate, the property owner may request that FEMA process an amendment to that map, er may present aitemative mapping to the County Engineer, ;who may accept such mapping as an indication of the floodplain area only if the County F_ngiheer believes the alternative mapping to be more accurate than the FEMA Flood Insurance Bate Map. {9j Where the 100-y$ar or intermediate regional flood has not been established. a property owner may conduct a floodplain study to determine the boundaries of the floodplain. The property owner should consult with the County Engineer to determine the appropriate methodology for the r1oodplan study. (4) Where the 1CC-year or intermediate regional flood has not been established by the FEMA Fiood Insurance Date Map pursuant to subsection (1) above, or by a property owner study pursuant tc subsection (3) above, this regulation shall apply to a!I lands within an area that s twenty (20) horizOntai or five (5) vertical feet (whichever land area is greater) from the existing high water line on any river, stream or material drainage channel, and any area that the County Flood Administrator determines to be a flood hazard area. (5J It shall be the burden of the applicant to demonstrate that the property seeking development approval .s not vrithin a floodplain hazard area. (b) General Standards (i) All zctivity and development is prohibited within the 100-year floodplain except as specifically permitted in this s!ubsectior. (b) or by subsections (c), (d), or (e) below. (2) Within the 100-year floodplain, ro use, fill, construction, excavation, embankment, er alteration on or o~#er any portion of the floodplain shall be permitted that would result in any of ±he following: (aJ The storage ¢r processing of materials that in times of flooding are buoyant, flammable, explosive, or ptheiwise potentially injurious to human, animal or plant life. (b) The disposal cf garbage or ether solid waste materials. (cj The human opcupation of structures either fixed or mobile, permanent or temporary. Land Use Code Fitkin County, Colorado July 2005 Fage16 000029 List of Adjacent Property and Mineral Rights Owners Name Parcel Number Mailin Address Sustainable Settings, InC 2463-272-00-016 6107 Hwy 133 Carbondale, CO 81623 Pitkin County 2463-223-00-005 530 E. Main St., #302 As en, CO 81611 Cameron and Kelly Stainton 2463-272-00-015 6316 Hwy 133 Carbondale, CO 81623 Annette Keller 2463-272-00-005 1430 Red Butte Drive As en, CO 81611 R P S Family LTD Partnership 2463-273-00-011 6333 Hwy 133 Carbondale, CO 81623 S B S Family Partnership 2463-281-00-001 6333 Hwy 133 Carbondale, CO 81623 ACTIVITY ENVELOPE REVIEW Page 19 O OP~ ~ ~ 0 2463-272-04004 ATTACHMENT4 Street address and parcel description, including legal description, and 8-1/2"x 11"vicinity map locating the subject property within Pitkin County ADDRESS 6315 Highway 133, Carbondale, CO 81623 LEGAL DESCRIPTION See ATTACHMENT 3 Above., OJO~!31 ACTIVITY ENVELOPE REVIEW Page 20 PARCEL ID 82463-272-00-004 - viciNin nnaP - .~. . _ _ - ~ y ~ ac ~ l ,p r. ' ~~ - -' ~p ~ ~ _ ~ ~ O~. ~ , 9, ~ I, 4 ... \ I .v4 -_ _ - _. ~. i ~ ~. ._ _ ~ %a ~ _ .. ~ i _ - ~ 1 .. y. : _ _ 4 ~ ~` W ~. .` r t 1 _.. '. ..~ g i - ' ~ 4 ~ ( .' - ~ ~ ,~ r F. _.,,g~ ..! .. ~.. _ „~. _ .. _ yr _._. .__ ___ e l _ , -~ H~ - _ . ~" - - ~' ~ - ' ~ J° >, _ .. ~. r, ~: ~ ~~,, r i p £S ~ ~ ' qq s ep 'S bs ,,_ s Y ~Y . ~ { . _~ .._.._ .~r..~t. ~ L .. .. - (( ~ - ~~ ~ yer ~~ ~ ~ r ,+6~, pia a $ Y t ~ ~~ ~ f e R,M ,,. .~.., f ~ i ~i A ' ~. ~. ~ - _ ) Y f ~ J~ S r •~ .... I r ~ ~ ~ } .... ~qt ' ..+ W f S;. f ~,rt }4 , ti CWt+idt IGI1B89. MaIXetl~. Mc. AcrmrvFNVO_oPEREwEw I' Paa~2i PARCEL ID X2463-272-OpL04 ODUU3~ ATTACHMENT5 Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. Ol 1-2005 establishes a fee structure for land us~ 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 qtly, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reFlect the expense incurred in providing such services [o the public. 3. APPLICANT and C~UNTY agree [hat because of the size, nature or scope of the proposed project, i[ may not be possible ~t the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and C¢UNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPL~'ICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLIC,~'NT agrees that inconsideration of the COUNTY'S waiver of its right to collect full fees prior to a deterrNination of application completeness, APPLICANT shall pay a base fee in the amount of $ 1,344.OC~ which is based on 6 hours of staff time, and if actual time spent by staff to process the application excee{is the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quartet~ly for the additional time spent. Such periodic payments shall be made within 30 days of [he billing da~e. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspensi n of processing. PITKIN COUNTY APPLICANT Cindy Houben, Community Development Director Signature Tom Newland June 24, 2008 c/o Mark and Richard f3unchman 6315 Hwy 133 Carbondale, CO 81623 ACTIVITY ENVELOPE REVIEW PARCEL ID #2463-272-00004 OOUO33 Page 22 ATTACHMENT6 Improvements Survey -and- ATTACHMENT? Site Plan -and- ATTACHMENTB Draft Activity Envelope Plat Are Contain Within the Attached Drawings ACTIVIN ENVELOPE REVIEW Page 23 PARCEL ID N2463-27200004 000034 PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on September 21, 2008, the Pitkin County Community Development Director granted approval for the Approving the Bunchman Activity Envelope (Case P081-08; Deter. #87-2008). The property is located at 6315 Highway 133 and is legally described as a Tract of land situated in Lot 4 of Section 27, Township 8 South, Range 88 West of the 6~h P.M. The State Pazcel Identification Number for the property is 2463-272-00-004. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Asoen Times Weekly, on September 21, 2008. PUBLIC NOTICE RE: Bunchman Activity Envelope (Case P081-08) NOTICE IS H~REBY GIVEN that an application has been submitted by Mazk Bunchman (631. Highway 133, Carbondale, CO 81623) requesting approval of an Activity Envelope with vested rights. The property is located at 6315 Highway 133 and is legally descrilbed as a Tract of land situated in Lot 4 of Section 27, Township 8 South, Range 88 West f the 6~' P.M. The State Parcel Identification Number for the property is 2463-272-00-00 The application is available for public inspection in the Pitkin County Community De elopment Depaztment, City Hall,, 130 S. Galena St., Aspen, CO 81611. For further info ation, contact Mike Kraemer at (970) 920-5482. Attention Adiacent Property Owners A property owner r Pitkin County Com by August 22, 2008. Community Develop before the Hearing iving this public notice shall provide comments or objections to the pity Development, 130 South Galena Street, Aspen, Colorado 81611, any objections to the development application are received the :nt Department shall continue the application to a public hearing PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 July 1, 2008 Tom Newland PO Box 4815 Basalt, CO 81621 tome@sopris.net Re: Bunchman Activity ~nvelope (PID#2463-272-00-004; Case# P081-08) Dear Mr. Newland: The Planning Office has co pleted its preliminary review of the captioned application. We have determined that this application is comp ete. After a more detailed review of the submittal information, additional information specific to thepplication may be requested in order to adequately review and process the application. The planner in~chazge of the review will request the information from you directly. 1 . Please note that it is yo r responsibility to mail notice by certified U.S. Mail to all adjacent property owners with the return ~ddress of the Community Development Department (copy of notice will be mailed to you by the Co~unity Development Department) by (15 days out) July 20, 2008. The names and addresses sh 11 be those on the current tax records of Pitkin County as they appeazed no more than 60 days priorl,to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of th posted sign as proof of compliance with the Code. A property owner receiving the public noti a shall provide comments or objections to the Community Development by (30 days out) 22"d day of Au ust, 2008. If any objections to the development application aze received by this date, the Community De elopment Department shall continue the application to a public hearing before the Board of County Co issioners. 2 . By posting a sign in a cdnspicuous place on the subject property (as it could be seen from the nearest public way) on thel st day of August, 2008, which is at least fifteen (15) days prior to the (30 day out) August 22, 2008. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Waechtler i Administrative Assistant Encl: Affidavit Code Sectipn 2-20-100 & 2-40-20 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Cry~tal River Caucus Carbondale Fire Department Environmental Health and Natural Resources Colorado Division of Wildlife FROM: Milo Kraemer, Community Development Department Re: Bu~hman Activity Envelope DATE: July~i1,2008 Attached for your r view and comments aze materials for an application submitted by Mark Bunchman. ~e Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, August 22, 2008. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT F YOU HAVE NO FURTHER NEED OF THEM. (PI 2463-272-00-004; Case P081-08) Thank you. STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303)297-1192 wildlife. state. co. us July 17, 2008 Michael Kraemer Pitkin County Community Development 130 South Galena St. Aspen CO 81611 RE: Bunchman Activity Envelope Review, Parcel ID #2463-272-00-004 Dear Michael: For Wrldlife- ForPeople The Bunchman property lies with mule deer winter range with mule deer winter concentration areas and severe winter range located within approximately .25 miles to the east and west. There is considerable use of the irrigated agricultural fields surrounding the Bunchman property in the spring and late fall. Major deer highway crossing areas are also located immediately to the north and south of the property. Due to the existing home and cabin and the associated disturbance the proposed activity envelope should have minimal impact on wildlife. In order to minimize potential impacts the following recommendations should be followed: No removal of native vegetation within the 100 year flood plain of Thompson Creek outside of the proposed activity envelope. Maintain 100' set backs from Thompson Creek. Thank you for the opportunity to comment. If you have any further questions or concerns please feel free to contact DWM John Groves at 970-947-2933. Sincer rry Area ildlife Manager Cc: DOW - R.Velarde, J.Groves, file DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director WILDLIFE COMMISSION, Robert Bray, Chair • Brad Coors, Vice Chair • Tim Glenn, Secretary Members, Dennis Buechler • Jeffrey Crawford • Dorothea Fartis • Roy McAnally .Richard Ray • Robert Streeter d ~ I Ex Officio Members, Hams Sherman and John SWIp County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITHIN COUNTY LAND USE CODE SECTION 2-20-100 I, ~ V1ioW1G.7 ~ CW \Cv~ ,being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by certified, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owners of property adjacent to the subject property, as indicated on the attached list, on~V1 ~ 2008 (which is 15 days prior to the deadline of J> 12, 2008). The names ands of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a sign in a cpnspicuous place on the subject property (as it could be seen from the nearest public way) on the J\ 2 , 2008, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. ~OYKCS IVGwIa~ Applicant's name d-~ Si e Signed before me this 23~ay of Jc~ 200~y1 V10mc> ~GwIG.~.(~ WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ~~] ~ A Notary Pub ' _ No~blic's Signature TERRI L. NEWLAND ~__ ~ iVOTfi,'~Y PUBLIC STA`fE C`!= COLORADO MY f,O~A~fi~S~~ld ~XPlRES 8~23~2010 ~~c Michael Kraemer From: Suzannah Reid [vkr@reidarchitects.com] Sent: Friday, August 29, 2008 4:16 PM To: Michael Kraemer Subject: thompson and redstone Hi Mike, Two things: I don't have any historic issues with 217 Chair Mtn Drive. I went to the site with Tom Newland yesterday on 133. We looked at the cabin on the site and my feeling is that there have been some significant alterations, but the building is basically intact and the additions could easily be reversed. So if someone wanted to do some work to restore the cabin it could be eligible for listing, with some additional reseazch. I would suggest that the activity envelope be created in a way that allows the cabin to remain, and either designated or demo'd when the actual activity takes place, just to leave the door open for the preservation of the cabin. Is that possible? Suzannah ~ v~ ~ P.O. Box 4S 15 417 Original Road, Unit B Basalt, CO 81621 Phone: (970) 927 4645 Fax: (970) 927-0196 tomn@sopris.net Mr. Michael Kraemer Pitkin County Community Development 130 5. Galena St. Aspen, CO 81611 August 5, 2008 -HAND DELIVERED - RE: Bunchman Activity Envelope Application, Parcel ID # 2463-272-00-004 Dear Michael: This is to follow up on your request for recorded proof that the cabin on the property is "legal"; that is to say, that it has been located on the property for a period of time sufficiently long enough to be considered historically part of the property. As mentioned within the land use application, I met with Joanna Schaffner regarding this issue and at that time we had speculated that these structures were probably built before 1971, the year Pitkin County began requiring building permits. Enclosed please find two documents from the Pitkin County Assessors archive files. I feel that these documents support the belief that the structures (i.e. both the primary residence and the cabin) were in existence on the property on or before 1975. The first document is a copy of the Building Description and Replacement Cost Record dated 10/27/1975. It shows the floor plan of the main house at 1074 square feet, and listed under "other items" is an "old house for storage". In addition, the Record states the development on the property as dating back to 1964. The second document is a Residential Property Appraisal Record that has a date of 1/76. This appraisal refers to "House # 1"under Remarks. To me, this reference implies that a second house was on the property; why else would there be a specific reference to a "House #1" on the Appraisal Record? Land Use Planning • Permit Expedition • Project Management • Owner's Representative • Information Management I a-¢' y These two documents are the oldest documentation in the files of the Assessors office regarding this property. I believe this should be considered as sufficient evidence showing that there has been a second unit on the property since at least 10/27/1975 and therefore the cabin is legal, being acknowledged by the County as present on the property for at least 32 years. As we have discussed on the phone, my client is more than willing to further legalize the second cabin through designation as a historic structure or as a Caretaker Dwelling Unit. I am currently in the process of setting up a meeting with Suzanna Reid, County Historic Preservation Officer, to discuss the potential for this structure to be placed on the Pitkin County Historic Register. If the results of this meeting are favorable, I am willing to recommend that my client pursue this designation if it will help to insure approval of the land use application currently before you. Should you have any questions, do not hesitate to contact me at 970-927-4645. Si ~m Newland, Newland Project Resources, Inc. CC: Rick Bunchman Z T m 3 (~A o O m D~ T 2 VIy T m m 9 O m D ~ ~ r -t' p I ~ M 'j' O ',1Q m o O m D 2 .(1 F E "' S 4] T m o O m D T T m O m m ~ m k' f 3. £ r -_' o° O $ E o o y p f i o P O E 9 - w C 3 N Z -i ~ n~fA ~ i' ~~y. 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Michael Kraemer From: Tom Newland [tomn@sopris.net] Sent: Tuesday, September 02, 2008 12:59 PM To: Michael Kraemer Subject: Bunchman Floor Area Count Attachments: image001.jpg; image002.jpg Mike Here's what is currently located on the property: Asingle-family residence with full basement: Cabin: Sheds: Covered Hay Storage: 3,830 sf 1,265 sf 385 sf 675 sf Total Floor Area: Residential Floor Area: Non-Residential Floor Area: Tom Newland Project Resources, Inc. P.O. Box 4815, Basalt, CO 81621 (970) 927645 (970) 927-0196 fax tomn~a sopris.net 6,155 sf 5095 sf 1060 sf o-t PITKIN' C(~NTY COMMUNITY DEVELO~IENT Permit Receipt RECEIPT NUMBER 00026212 Name: NEWLAND PROJECT RESOURCES, IN Date:6/24/2008 Project Address: 6315 HWY 133 Type: check # 3331 Permit Number Fee Description Amount 0081.2008.PLAN PPS Flat Fee 0081.2008.PLAN PPL Clerk Tech Fee 0081.2008.PLAN PPS Public Notice Fee 0081.2008.PLAN PPl EH&NR Referral Fee Total: 2,495.00 25.00 54.00 604.00 3,178.00