HomeMy WebLinkAboutpitkin.planning.246523101004DOCUMENT 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'~
Parcel ID: 2465-23-1-01-004 Application Date: 6/25/08 Case No: P083-08
Description:
Planner: Suzanne Wolff
# Copies: 6
Allocated Hours: 11
Project Address: 621 W SOPRIS CREEK RD, BASALT, CO 81621 % Over Hours: 13
Property Owner: ERNEMANN Address: 363 SOPRIS CREEK RD Owner Phone:
BASALT, CO 81621
Owner's REP: MITCH HAAS Address: 201 N MILL ST, SUITE 106 REP's Phone: (970) 925-7819
ASPEN, CO 61611
REP's Email:
Referrals: CDOW Other Referrals: Housing no
PLANNING ENGINEER REFERRAL Emma Caucus yes
ALL OTHER REFERRALS Basalt Fire yes
Comments Due Date: 08/22/2008
Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting:
Meeting Date:
Review Body: admin
Public Hearing? yes
Notice Date: 07/20/2008
Meeting Notes:
Approvals:
BOCC Resolution #: P&Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #: 098-2008 #553539
Other Information:
VR Approval Date: 10/02/2008 Plat Recorded Date: 10/21/2008
VR Expires Date: 10/02/2011 Plat (Bk, PG): B88 P93 #553711
Remarks: Vpn pub 10/19/08
690 P15 #555621
Application Type: gctivity Envelope
caretaker Dwelling Unit (CDU)
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIItECTOR OF
PITKIN COUNTY, COLORADO, APPROVING THE WEST SOPRIS CREEK LLC ACTIVITY
ENVELOPE AND CARETAKER DWELLING UNIT
Administrative Decision No. ~ 2008
RECITALS
1. West Sopris Creek LLC ("Applicant") has applied to the Community Development Director of Pitkin
County ("Director") to establish an activity envelope for a single family residence and Caretaker
Dwelling Unit (CDU).
2. The parcel contains 11.19 acres and is a nonconforming size parcel within the RS-30 zone district.
3. The parcel is located at 621 West Sopris Creek Road, and is more specifically described in Exhibit A.
4. The parcel was created in 1969; therefore, the lot is exempt from Growth Management up to 5,750
square feet, pursuant to Land Use Code Sec. 6-30-100(a).
5. The Director finds that the proposed activity envelope is consistent with the applicable requirements of
the Code, as follows:
A. The activity envelope is primarily located on slopes of less than 30%. There are several isolated
areas within the envelope that contain slopes in excess of 30%; the slopes in these areas are due to
the presence of minor natural or man-made changes in the gradient of a continuous slope, and qualify
as minor slope anomalies pursuant to Sec. 7-20-20(c)(3) of the Code.
B. The wildfire hazard is rated as moderate, and can be mitigated pursuant to the provisions of Sec. 7-
20-60(c) ofthe Code.
C. The activity envelope is within elk and mule deer winter range and adjacent to elk and mule deer
severe winter range and winter concentration areas; impacts on wildlife can be mitigated pursuant to
Sec. 7-20-70. The proposed residence will be within''/o mile ofthe severe winter range and winter
concentration areas; Sec. 7-20-70(d)(6) of the Code requires a'/< mile buffer between any building
and these habitat areas. The Division of Wildlife has agreed that it is appropriate to waive the buffer
requirement, due to the small size of the parcel, and the limited impact that the proposed
development will create on the adjacent habitat areas, due to the existing residential development on
surcounding parcels.
D. The caretaker dwelling unit complies with the special review and other applicable criteria in the
Code.
APPROVED by the Director, subject to the following conditions, which shall run with the land and be
binding on all successors in interest:
l . The Applicants shall adhere to all material representations made during the application process.
2. Prior [o submission of any building or other development permit applications, the Applicant shall be
required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7-
10-50 of the Code. The Site Plan Review application shall address the following, in addition to [he other
requirements specified above:
RECEPTION#: 553539, 10/14/2008 at
09:35:06 AM,
~ OF 7, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
Administrative Decision No~a -2008
Page 2
A. Demonstrate compliance with the standards in Sec. 7-20-120.d for development within the Scenic
View Protection Area and the rural character guidelines for building location in Sec. 7-20-120.e
of the Code.
B. Demonstrate that the site can accommodate an on-site wastewater treatment system (OWTS) that
complies with the then current OWTS regulations.
C. Demonstrate that a driveway can be constructed in compliance with the County's driveway
standards.
D. Submit a precise engineer or geologist approved plan for mitigation of development on slopes in
excess of 30%. The plan shall show the area of disturbed slope, required regrading and the size
and location of mitigation devices (if required). Retaining walls shall comply with the guidelines
and standards in Sec. 7-20-20(e) of the Code.
3. Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for
approval by the County Attorney and Community Development Director an Activity Envelope Plan
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.
4. Prior to issuance of a building permit for the residence and/or the CDU, the Applicant shall:
A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and
fire protection purposes, and for irrigation purposes, if applicable, to the Environmental Health and
Natural Resources Department. Any building permit application submittal shall include
demonstration that the water supply is adequate for each dwelling unit for which a permit is
requested (i.e., the principal residence and/or the CDU). Prior to drilling a well, the Applicant shall
consult with the Environmental Health/Natural Resources department to evaluate the underlying
geology of the property as it relates to sustainable water supply.
B. Obtain an access permit for the driveway, which shall be approved by the Planning Engineer.
C. Obtain afireplace/woodstove permit from the Community Development Department, if
necessary.
D. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist
for review and approval by the Planning Engineer. If the project disturbs more than one acre, a State
Stormwater Permit shall be obtained prior to permit issuance.
E. Pay the applicable road and employee housing impact fees.
F. Obtain an on-site wastewater disposal system permit from the Environmental Health and Natural
Resources Department.
G. Submit a construction management plan for review and approval by the Planning Engineer.
H. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes.
1. Submit a tree mitigation plan if any trees with larger than 6" DBH are to be removed.
No structural development in excess of 30" above or below natural grade shall occur within the
setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above
or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from
the most restrictive grade. Any development located within setbacks mandated by County zoning
regulations that does not comply with these restrictions shall require a variance from the Board of
Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a
variance.
6. 5,750 square feet of gross floor area is exempt from growth management without the use of TDRs or
growth management allotments for additional floor area.
Administrative Decision No. ~-2008
Page 3
7. The Applicant shall culvert, line or otherwise treat the irrigation ditch above the activity envelope to
avoid leakage of water downhill towards the building site(s).
8. The Applicant shall comply with the following standards for Development in a Moderate Wildfire
Hazard Area:
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows (note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions):
1) No new conifers shall be planted within 30' of the home.
2) All branches from trees and brush within 40' of all structures shall be pruned to a height of
10'.
3) All branches that extend over the roof eaves shall be trimmed and all branches within 15' of
chimneys shall be removed.
4) All deadfall within 60' of all structures shall be removed.
5) Flammable mulches (wood chips) are not allowed within 2' of structures.
6) Aspen trees are allowed, but not within 10' of structures.
7) Cottonwoods shall be at least 15' from structures. Brush and deadfall at the base of the
cottonwoods should be removed and the trees should be limbed to a minimum height of 10'.
Dead or dying cottonwoods shall be removed as necessary.
8) Pinon orjuniper trees within 100' of structures shall be thinned to 30% of current stocking.
Thinning should be heavier closer to structures and less intense farther away.
9) No shrubs or conifers are allowed within 15' of the driveway. Aspen are permitted within
10' of the driveway, but must be pruned to 6' above the ground.
] 0) Low vegetation (grasses, fortis and low shrubs) shall be kept mowed to less than 6" within
10' of either side of the driveway.
1 1) The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted
Building Code. No wood shakes or shingles. All other adopted Building Code compliant
methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they
comply with the following:
1) All roof coverings shall be constructed of non-combustible materials and installed on a Class
A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
3) Protrusions above the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
C. Roof Venting:
Administrative Decision No. G 0 -2008
Page 4
1) Soffit venting shall be located in the outer 1/3rd portion of the overhang.
2) Attic, soffit and other roof venting shall be ofnon-corrosive metal mesh with maximum ''/d'
openings.
D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other:
1) Sheath with non-combustible materials, or
2) Combustible material underlain with 5/8" Type X gypboard or equal, or
3) Minimum 4x6 rafters with 2x T&G decking.
E. Decks, Decking, Cantilevered Floors, or Other Projections below the Roofline: Minimum 6x6
posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railing, or equivalent log construction.
F. Maintenance and Miscellaneous Requirements
1) Roofs and gutters shall be kept clear of debris.
2) Any outbuilding shall adhere to the same wildfire requirements.
3) Yards shall be kept clear of all litter, slash and flammable debris.
4) All flammable materials shall be stored indoors or on a parallel contour a minimum of fifteen
(15) feet away from any structure.
5) Weeds and grasses within the ten (]0) foot perimeter shall be maintained to a height not more
than six (6) inches.
6) Firewood/wood piles shall be kept indoors or stacked on a parallel contour a minimum of
fifteen (15) feet away from the structure.
7) Swimming pools and ponds shall be accessible by the local fire district.
8) Fences shall be kept clear of brush and debris.
9) Wood fences shall not connect to other structures.
10) Fuel tanks shall be installed underground with an approved container.
11) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on
a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be constructed with
materials approved for two (2) hour fire-resistive construction on the exterior side of the
wal Is.
12) Each structure shall have a minimum of one ten (] 0) pound ABC fire extinguisher.
13) 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.
14) Utilities shall be extended underground.
9. The Applicant shall comply with the applicable codes and requirements of the Basalt and Rural Fire
Protection District, including but not limited to access, turning around of fire apparatus, installation of an
approved fire sprinkler system (ifthe structure exceeds 5,000 square feet) and provision of water supply
for fire fighting (minimum of 5,000 gallons).
] 0. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside of the activity envelope. Irrigation shall be
maintained to the cottonwood trees along the irrigation ditch, if the ditch is piped; the
cottonwoods provide a visual barrier between the envelope and critical elk and mule deer habitat
above the ditch.
Administrative Decision No~O -2008
Page 5
B. Dogs shall be kept indoors or, when outdoors, kenneled within 50' of the residence or leashed
under human supervision when outside of the kennel.
C. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the
County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to
issuance of a certificate of occupancy.
D. Fencing shall comply with [he following, except for fencing immediately adjacent to the
buildings to contain pets or livestock:
1) Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed
48 inches in height above ground level and 12 inches in width (top view), and shall have at
least 18 inches between two of the rails.
2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42
inches in height.
3) All non-conforming fencing on the property must be brought into compliance.
E. Avoid fruit-bearing trees and shrubs in any landscaping.
F. Construction workers shall be prohibited from bringing dogs on-site during construction.
G. Outdoor construction shall be limited to the period between April 1 and November 30.
H. The narrowleaf cottonwoods on the north side of the activity envelope should be maintained as a
visual buffer between the center of the human activity and the wildlife habitat to the northwest.
Cottonwoods lost to disease, age or wind should be replaced within one growing season.
11. No development including grading, excavation, fill placement, berming, landscaping, vegetation
removal or disturbance, well or septic system shall occur outside of the approved activity envelope,
except as necessary for weed management or to comply with the wildfire mitigation measures
described above.
12. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
13. All areas disturbed by construction shall be Ye-vegetated with native shrubs and grasses within one
growing season of the project's completion.
14. The caretaker dwelling unit shall be limited to not more than 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 pazking spaces shall be provided for the unit. The caretaker
dwelling unit must have separately accessible utilities. This does not preclude shared utilities.
15. Prior to issuance of a building permit for [he caretaker dwelling unit, the Applicant shall obtain and the
Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall
be submitted to the Housing Office with the deed restriction. The Housing Office may inspect the unit
with 48-hours' notice to the owner.
16. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit.
Administrative Decision No. l ~ -2008
Page 6
17. 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.
18. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code § 2-2Q-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on
(~(~_ ~"~ > X011.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 20`" day
of July, 2008.
APPROVED by the Director, this 2 ~ day of Q~~~ , 2008.
PUBLISHED AFTER ADOPTION }OR VESTED REAL PROPERTY RIGHTS in the Asaen
Times Weeklv on the ~ day ofQGl. , 2008.
(n'vl,« C
indy Houben,
Community Development Director
PID# 246523101004
P083-08
ALTA OWNER'S POLICY
EXHIBIT "A"
A parcel of land lying wholly within Tract 72 in Sections 14 and 23, Township 8 South, Range
87 West of the Sixth Principal Meridian, more particularly described as follows:
Beginning at AP-2 of said Tract 72,
thence East 179.84 fee[;
thence South 24°59'05" East 1436.25 feet to the Center line of a 30 foot county road;
thence South 76°53'50" West 100.00 feet along said Center tine;
thence South 38°08'00" West 275.48 feet along said Centerline;
thence North 24°59'05 West 1228.68 feet;
thence North 427.51 feet to the Point of Beginning.
COUNTY OF PITKIN, STATE OF COLORADO.
STE9PART TITLE
GUARANTY COMPANY
0000 G~
MEMORANDUM
TO: Community Development Director
FROM: Suzanne Wolff, Senior Planner
RE: West Sopris Creek LLC Activity Envelope Review and Caretaker Dwelling Unit
DATE: September 2, 2008
REQUEST: The Applicant proposes to establish an activity envelope for a single family residence and a
caretaker dwelling unit.
APPLICANT: West Sopris Creek LLC
REPRESENTATIVE: Mitch Haas
LOCATION: 62] West Sopris Creek Road
ZONING/LOT SIZE: The parcel contains ] 1.19 acres and is a nonconforming size parcel within the RS-30
zone district.
REFERRAL COMMENTS: Comments from the Basalt & Rural Fire Protection District, Division of
Wildlife, Planning Engineer and Emma Caucus aze attached for reference.
STAFF COMMENTS:
GaowTx MANAGEMENT: The parcel was legally created prior to 1978, and, therefore, is exempt from
Growth Management up to 5,750 square feet, pursuant to Land Use Code Sec. 6-30-100.a.
ACTIVITY ENVELOPE: The Applicant has requested approval of an activity envelope within which to
construct a single family residence and a caretaker dwelling unit. The proposed activity envelope is
located above West Sopris Creek Road and below the irrigation ditch.
Steep/Potentially Unstable Slopes & Grading: The activity envelope is primarily comprised of slopes of less
than 30%. There are a few areas of slopes in excess of 30% within the envelope that appear to be minor
anomalies. If these areas are to be developed, a licensed engineer or geologist shall demonstrate that the
surface of the slopes is not prone to instability or failure and that the development will not cause greater
instability.
Water Courses & Drainage: The only water course on the parcel is an irrigation ditch that flows above the
activity envelope. Historical drainage flow patterns shall be maintained and adequate drainage shall be
provided. The Applicant will be required to submit a drainage and erosion control plan and a revegetation
plan for review and approval with the building permit application. No building shall be constructed
immediately downhill of the ditch unless the ditch is placed in a culvert, lined or otherwise treated to avoid
leakage of water downhill towards the building.
Wildfire: Eric Petterson rated the wildfire hazard within the activity envelope as moderate. The Applicant
agrees to comply with the Code standards for development in wildfire hazard areas, as well as the
recommendations made by Mr. Petterson.
000001 ~ 1Z
Wildlife: The parcel is within mapped mule deer and elk winter range, severe winter range and concentration
areas. Jonathan Lowsky asserts that the severe winter range and concentration areas for both mule deer and
elk lie above the ditch and outside of the activity envelope.
Impacts on wildlife can be mitigated pursuant to Sec. 7-20-70. The proposed residence will be within'/< mile
of the severe winter range and winter concentration areas; Sec. 7-20-70(d)(6) of the Code requires a''/a mile
buffer between any building and these habitat areas. Mr. Lowsky asserts, and the Division of Wildlife agrees,
that it is appropriate to waive the buffer requirement, due to the small size of the parcel, and the limited
impact that the proposed development will create on the adjacent habitat areas, due to the existing residential
development on surrounding parcels.
Scenic Review: The parcel is within the designated Scenic View Protection Area; the Applicant will be
required to demonstrate compliance with the Scenic View Protection criteria at site plan review.
GMOS EXEMPTION FOR CARETAKER DWELLING UNIT: The Applicant has requested approval for a
caretaker dwelling unit. Pursuant to Subsection 6-30-40(2)(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:
• The floor area of the caretaker unit shall be included in the total allowed floor area.
• Two parking spaces shall be provided.
• 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 separately accessible utilities. This does not preclude shared
utilities.
SPECIAL, REVIEW: Special Review approval is required to construct a caretaker dwelling unit, subject to
compliance with the following standards.
A. 77te special review use shall be consistent with the applicable County Master Plan
Response: The Down Valley Comprehensive Plan designated the property "Agricultural/Wildlife
Reserve." Development of a single family residence and caretaker dwelling unit is consistent with this
designation.
The Emma Caucus is in the process of completing a master plan for the area, but the plan-has not yet been
completed.
B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use
Code, including the County Land Use Policies in Chapter 1.
Response: The proposed CDU does not conflict with the applicable provisions of the Code, tts 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 injure 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.
OO~UnZ
D. The special review use shall be consistent with the intent of the Zone District in which it is proposed
to be located.
Response: The intent of the RS-30 zone district is to "Permit low density, single family residential
development and customary accessory uses." The proposed CDU 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 complimentary uses
and activities in tlae immediate vicinity of the parcel proposed for development.
Response: The proposed residential development is compatible with surrounding residential uses.
F The location, size, design and operating characteristics of the proposed special review use must be in
harmony with the surrounding area and minimizes adrerse effects, including visual impacts, impacts on
pedestrian and vehicular circulation, [ra~c generation, parking, trash, service delivery, air/water pollution
or other impacts on natural resources, noise, vibrations and odor on surrounding properties.
Response: The proposed residential CDU is compatible with surrounding residential uses. At site plan
review, the Applicant will address visual impacts and the best location for the driveway to minimize impacts
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, fire protection, emergency medical services,
hospital and medical services, drainage systems, and schools.
Response: There are adequate facilities to serve the residence and caretaker dwelling unit. Roads, electric,
gas and telephone lines are already in place for the surrounding residences. The Applicant proposes to drill a
well and install a septic system for the residence and CDU; the Applicant will be required to demonstrate at
building permit application for the residence and CDU that the well is permitted to serve more than one
dwelling.
The Caucus states that there have been problems with "scarcity of water and wells running dry in the
Nystrom area for many years," and is concerned with "a large home plus caretaker unit in this area, given
historic water quantity/quality problems in the immediate neighborhood." The Caucus requested that
approval for the total floor area for the parcel and the CDU "be tabled until more information is available for
a decision to be made by the County Environmental Health Department on the adequacy of the well water."
The Code requires that an applicant show proof of an adequate water supply (in terms of both quantity and
availability) when a building permit application is submitted; therefore, staff finds that it is not appropriate to
require information on the well prior to that time. However, given the known water supply issues in this
area, staff recommends that the Applicant consult with the Environmental Health/Natural Resources
department to evaluate the underlying geology of the property as it relates to sustainable water supply,
prior to drilling a well.
Floor area could only be reduced to less than 5,750 square feet by the BOCC at site plan review, "if there is
no adequately sized area on the property that would avoid Constrained Areas and would allow the proposed
activity or development to occur in compliance with this Land Use Code and the Comprehensive Plan..."
H. The proposed special review use must comply with any additional standards or requirements stated
for such use nt Sec. 4-30 and/or Sec. 2-40-20.
• • OOOU03
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 Community Development Director approve the West
Sopris Creek LLC Activity Envelope and Caretaker Dwelling Unit, subject to the conditions of the attached
Administrative Decision.
ATTACHMENTS:
A. Emma Caucus
B. Basalt and Rural Fire Protection District
C. Division of Wildlife
D. Planning Engineer
000004
EMMA CAUCUS
P.O. Box 1405
Basalt, CO 81621
(970)927-3462
newman a sopris.net
MEMORANDUM
TO: Mike Kraemer, Community Development Department
FROM: Emma Caucus
RE: W Sopris Creek LLC Activity Envelope, CDU and GMQS Exemption
621 West Sopris Creek Road
(PID 2465-231-O1-004 and Case P083-08)
Date: August 13, 2008
The Caucus received information on the above application mailed by the County on July 2, 2008.
The information was distributed to all Caucus members by email, referring to the Planning
Division link on the County website. Liz Newman also communicated with Mike Kraemer and
Suzanne Wolff by email.
Comments:
The application requests approvals for Activity Envelope Review, Special Review approval for a
CDU (Cazetaker Dwelling Unit) and for 5,750SF of FAR (GMQS Exemption for aPre-existing
lot). The property is an 11.19 acre lot on the northwest (uphill) side of West Sopris Creek Road
in the Nystrom azea. While the application appeazs to address all relevant provisions of the
Code, the Caucus has concerns re: a lazge home plus cazetaker unit in this azea, given historic
water quantity/quality problems in the immediate neighborhood.
There have been problems with scazcity of water and wells running dry in the Nystrom area for
many yeazs. Although there may be several "bandit" units in the neighborhood that have been
legalized, most homes in the Nystrom azea aze considerably smaller than 5750SF and many exist
on shazed wells. Neighbors report more than one current instance of well problems affecting
properties very close to the applicant's lot.
The County process requires notifying adjacent neighbors of any application in process, but more
direct and specific contact may be necessary where information on well water is involved. In
addition, the Caucus understands that the Code does not require proof of adequate potable water
from an individual land owner at this point in the process, but rather waits until a building permit
is applied for. At that point, if a CDU has been approved, the owner must prove sufficient water
for both residences. The Code considers water to be the landowner's problem to deal with when,
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in fact, the effects of overdevelopment on even one property could extend to the entire
neighborhood and become a serious problem.
Consensus:
The Caucus has concerns regazding the current process in a neighborhood with known water
problems. The lazge size of a 5750 SF home with a CDU on the site logically suggest heavy
water use that may threaten well water on neighboring parcels. The subject property is currently
listed for sale and we understand the owner has plans to drill a well prior to sale. We understand
the well cannot be drilled until an Activity Envelope is approved. Although the Caucus has no
objection to the Activity Envelope requested in this application, we respectfully request that the
total FAR allowed for this lot and the Special Review approval for a CDU be tabled until more
information is available for a decision to be made by the County Environmental Health
Departrnent on the adequacy of the well water.
OooU~G
z
Basalt & Rural Fire Protection District
"Protecting Our Community Since 1970"
8-22-08
Mike [Craemer, Planner
Pitkin County Community Development
130 Galena St.
Aspen, Colorado 81611
Re: 621 W. Sopris Creek Road/Activity envelope for residence and CDU PID 2465-231-O1-004; case
P083-08
Dear Mike,
It's my understanding that the applicant requests activity envelopes for a primary residence and CDU
toward future construction at this property. I offer the following as requirements toward the application:
Requirements:
1) Access: The driveways shall subscribe to the Pitkin County Asset Management Plan toward
driveway design havinT a minimum width of 16 feet with an all weather surface capable
handlinT the imposed loads ofa 60 00016 rre apparatus. Ifa turnaround is required i[ needs to
meet the specircation ofRre department apparatus and county radius requirements
2) Water supply: An individual structure water supply and storage shall be accessible to Tre
department vehicles to the exterior of the building/slfor each lot through the use ofa dram
meeting the policies of the Basalt and Rural Fire district. The fire district pursuant to the square
ootage and calculated volume of the largest structure shall determine the amount ofstarag_e
capacity. Increases in volume will result with an increase in storage capacity minimums If [he
largest building size is to be no more than 5700 square feet of total azea, then 5000 Gallons of
storage is an acceptable minimum. The purpose of this water supply is to quickly setup initial fire
attack and buy time until a secondary water supply through water hauling operations is
established. These operations involve equipment and personnel from the Basalt, Carbondale and
Aspen fire districts. The initial water supply is used for manual fire suppression and to support
sprinkler systems for buildings that will be on-site. This supply will greatly enhance safety toward
any existing buildings that have no protection at [his time. This supply is also a backup should the
sprinkler system be disabled during repairs or other reasons.
3) Sprinkler Systems: All structures Treater than 5000 square feet in size shall be required to install
an approved automatic sprinkler system that meet the policies ofthe Basalt Fire District.
Sprinkler systems are essentially designed to hold a fire until responding firefighters arrive for
final extinguishments. All sprinkler systems must be appropriately designed for their use and
approved. Typical sprinkler system design for homes in this azea follows a modified NFPA 13-D
Standard. If other structures beside dwellings were allowed such as barns that are determined by
1089 JW Drive, Carbondale, Co 81623
Phone:(970) 704-0675 • Fax: (970) 704-0625
(~ t~ ~} n www.basaltt5re.org
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the building official to not be accessory to residential use would follow a more restrictive design
standard.
4) Fire Alarms: When applicable, [he sprinkler svstem shall have at a minimum local alarm through
an outside horn strobe and interior audible within the sleepin¢ rooms meeting compliance to the
applicable sprinkler and alarm standard. Although not required until the sprinkler system within
the premise exceeds 100 sprinklers heads, having the sprinkler system monitored for a general
alarm to a central receiving station through the flow switch for early notification of the fire
department in the event of sprinkler activation is [he most reliable way to ensure quick activation
of the fire department.
Applicable Codes and Standards:
The Basalt & Rural fire district has adopted the 2003 International Fire Code. Two important
sections pertaining to the site issues are:
• Section 503 -Fire Department Access. This section stipulates access requirements for the
maneuvering of fire apparatus.
Section 508 -Water Supplies. This section stipulates types of water supply and guides
the fire department in setting the requirements for fire flow. The appropriate standard for
the Wagman parcel property to determine that requirement is Standard 1142, Water
Supplies for ... Rural Fire fighting.
o NFPA Standard 1142, Water Supplies for ... Rural Fire Fighting, in scope
essentially identify minimum requirements for water supply and distribution for
structural firefighting purposes in those areas where conventional water supplies
do not exist. The stipulated water supply would be for the initial attack until other
responding units as required set up secondary water supply. The amount of water
stipulated in the above recommendation is based on the building being
sprinklered and the maximum building size has been determined as 5750 square
feet. This standard also provides design specifications for dry hydrant tank
systems.
If 1 can be of further assistance please feel free to give me a call.
Sincerely,
Sent via E-mail
Bill Harding, Fire Marshal
Cc: Scott Thompson, Fire Chief
Catherine Berg, Engineer-Pitkin County Community Development
Brian Benton, Assistant Fire Marshal
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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 19, 2008
Michael Kraemer
Pitkin County Community Development
130 South Galena St.
Aspen CO 81611
RE: West Sopris Creek LLC Activity Envelope Review and CDU
Dear Michael:
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~'Y OF `~
For Waldlafe-
For PeaPle
The West Sopris Creek LLC property located within the Nystrom Tracts along West Sopris Creek Road lies within
mule deer and elk winter range, winter concentration area, and severe winter range. Black bear, mountain lion,
coyote, and a variety of other small mammals and neotropical birds also are known to inhabit or frequent the
property.
The field verified mapping created by Colorado Wildlife Science more accurately describes the mule deer severe
winter range and concentration as being located above the irrigation ditch that traverses the property. Placing the
activity envelope between West Sopris Creek Road and the irrigation ditch will reduce many of the potential impacts
to elk and mule deer.ln order to minimize further potential impacts the following recommendations should be
followed:
1. No removal of native vegetation outside of the proposed activity envelope.
2. Maintain irrigation to the narrow leaf cottonwoods located along the irrigation ditch should this ditch be
piped in the future.
3. Maintain the cottonwoods for a visual barrier between the activity envelope and the critical elk and mule
deer habitat located above the ditch.
4. Implement all recommendations outlined in section 8 of the ecological report prepared by Jonathan Lowsky
of Colorado Wildlife Science.
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.
S.incerel - /
[./~
erry W'
Area ildlife Manager
Cc: DOW - R.Velarde, J.Groves, file
11 ~~ rr~} r1 DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director
Q ~ U U ~ J Members, DeDnnis B echleri• Jeffrey Crawford • DoroatheaBFams~Roy McAn ay • Ri hard Ray Robert Streeter
Ex Officio Members, Hams Sherman and John Stulp
U f`
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Mike Kraemer
FROM: Catherine Berg, Planning Engineer
Re: W. Sopris Creek LLC Activity Envelope and CDU
DATE: August 18, 2008
After reviewing the application I have the following comments:
- A tree mitigation plan shall be submitted if the plan involves the removal
of any trees with larger than 6" DBH.
- The applicant shall include al( access improvements on the site plan at
building permit application. The access driveway shall not impact any
steep slopes. The access design shall include all fire department
requirements.
- A detailed revegetation plan will be required. Plan shall be reviewed and
approved by Pitkin County Land Manager. The applicant shall also
commit to a noxious weed management plan.
- A detailed drainage and erosion control plan will be required at
development permit. The plan shall include the location of all BMPs that
will be used during construction. If the project disturbs more than one acre
a SWMP shall be applied for and obtained prior to issuance of permits. All
historical drainage patterns shall be maintained.
- The ditch located above the proposed development shall be lined or
culverted to prevent leakage.
- Applicant shall submit a detailed construction management plan. The plan
shall address all staging and parking azeas. It shall also address the plan
for access and all efforts to minimize disturbance.
Other comments:
All sleep slopes shall be eliminated from the activity envelope.
Will the applicant be able to gain access to the site without impacting steep slopes
and meeting the County's max. driveway slope of 12% requirement?
OODU10
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Bearded at.__..2.:.~.5.__o'clcelc_P ~(.. ...._._Feb 21a.._1969 ....................._........
)~ ,~~~yU
Reception No....33422~~.... ...._Pgggy_B._.F_Ifk.~,1.~h__.........._....._...8aeo~L• ~~'
~--_- ~~- ~- _ -- _ - _-_~-- _-Raeordla gtallp _
'j'HYS DHRD, Made this 9rd day of February '~'
~~ 19 69 , batweep '
'' NYSTROM ENTERPRISES, IN0. STATi GOi;GilliAfl't fit
a coryontion dniv organised and Qieting under and by virtue of the la:+n i. ~ . ~ ~' ~ . w
:: :If the state of Colorado of the flat wrt. apd ... -- ~-. , ''
I~
5........_.:......... : ~
it ....._._......
THOMAS SWADBURG, OSCAR ENROTH and
Ali ; ;i•HEODORE GRANOVSKY ,
~ the County of Pitkin and State of '
~' Colorado of she •an°"d pert:
' WITNHS38TH, That the mW party of the first Part. for and in cowidention of the enm of --31~f3kR~ i ,
I'j TEN DOLLARS AND OTHER VALUABLE CONSIDERATIONS ------------
'' to the mid part? of the flrat part in Lend paid by the said part ies of the second wrt, the receipt whereof b Leahy
~: eeafeued and aelmowledged, herb graabd, bargained. sold sad conveyed, and by Lheee prasmb dotb gran0. bargain i
sell, convey end confirm unto the said pert le 3 of the second Part, their hmn, and assign forever, i
~'~ i all of the following descrtbed lot or parcel of land, situate, lying and being to the
'. County of Pitkin sad State of Colorado, to wit:
A parcel of land lying wholly within Tract 72, Sections 14 and '
123, T. 8 5., R. R7 W., 6th P.M., more particularly described as
.follows:
Beginning at AP-2 of said Tract 72; thence East 179.84 feet; thence~',i
S. 24°59'05" E. 1436.25 feet to the center line of a 30-foot county
road; thence S. 7v°53'50" td. 100.00 feet along said center line;
~~ thence S. 38°08'00" W. 275.98 feet along said center line; thence
' N. 24°59'05" W. 1228.68 feet; thence North 427.51 feet to the
point o£ beginning, containing 11.19 acres, more or less. '~
TOGETxid with a proportionate int_rest ~f first party's ditch and
water rights.
EXCEPTING County Road right of way.
TOGETHER with all ati singular the hereditamenb and appurteneoem thenunb belongin¢, or in anywise
appertaining and Lhe reversion or reveraeona, vemaiadera, rmb, ueuee aml proSb thereof: and all the estate,
.:..ar .,wo ro,aat. claim and demand whabcever of the said party of the first Part, ether in law or equity, ot, in
Y V TO~HAVE AND TO HOLD the said premises above bargained and deuribed, with the appurtenances unto the
said Part ies of the second part, their i,cixa sad neipas forever. And the said
party of the Sint part, for itseH,
and its successors, doth covevant, grant, bar^ain, end agree to nd -.ith the mid part ley of the second per.
th21x heirs and asaigna, that at the time of th¢ ensealing and delivery of Lheea pmnnta it is well
tchc-i of the Premises above conveyed, as n£ a pond, sure, perfect, absolute end indefeasible estate of inheritance, is
lain, §: tee simple, anti hate good right, full power and lawful authority to grant. bargain, sell and convey the lama
in x. ::nrrr :m3 fr.nn aforesaid, and that the same are free and clear from all former and other granb, bargain,
....,'-i.m:=., tzxe_, a.sssrnenvs ::nd innmlbranres of whatever kind or nature soever; except 1969 'eri-
eral rr~^er ~y _ax~s, anj and all easements and rights of way of a
pudic or -ivate ..^.ature, ti. S. patent reservations and exceptions,
-fur oil, .cam al:c other mineral resew. tions of record and Restric-
`.i_~ Cam: v'_n~.rtt^ z~_....ncd hereto as Exhibit A",
~,
1 , 1:1ahv.,;,,,
s:A t x 'e GLICL ar 1 pa able poeaess~on of the said partleS oY Utleaadad.amtQ,~
+-.r f ns . ,, n . t 11 :. i every person nr pp sons lawfully claiming or ro $ ~6C'~ iwln"k '-.,
t ~ trt f v t 1' ;t t.rr ~'. ~7 nd will W 9RRANC AND FOREVER DER °Mt_ ,~~g',••
s Ai 1111 H til RS lf, 1 !'o` 1' 'r ~:t tarn mused Ca corporate n ta' -p`~ >
¢p](_~ne V r
-,; r. ~. ~ t . F r i nt nd ie uPor.lti anal to he hereunto of&xed, attested b,TYav-~ Ache"}ti~} -'
' ~N y~'3
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.. h5' 'nv ,_. AFt:.... I`d1 ~'1'ROP9 0,
PT,_ _
._.. _"rnv _y~P P,2^RI SP;~, TiJC.
~ Sio rA....rntl cunvnissioa c: nlres
'~ „}u:~er n,y Lace ana ~;f£i,-~::1 a::a
00(~U11
day of
Fresident and
ns Secretary of
., , orn°ration.
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H~ar, ,. a,,,.
°CuK~J~ r~GF~y~
EXHIBIT "A"
RESTRICTi '"' COVENANTS
1. That no tract shall be re-subdivided into, nor .shall
cry dwelling be erected or placed on an area of less than 1-1/2
cares and no tract shall be re-subdivided unless each of the
subdivided tracts shall contain at Least one and one-half acres.
2. That said tract or re-subdivided tract of land shall
bP used for residential pu oses only and no building shall be
erected, altered, placed u~on or permitted to remain thereon
other than one detached single family dwelling and appropria~tc
outbuildings.
3. That ;o noxious or offensive activities shall be carried
on upon said property, nor shall anything be done thereon which
may be or become an annoyance or nuisance in the neighborhood.
4. That no structure or a temporary character, basement,
tent, shack, garage, barn, trailer houses or other outbuildings
of any description shall be used on the property at any time as
a residence either temporarily or permanently, except that a
trailer house may be used upon the premises as a residence during
the actual period of construction of a dwelling house thereon
for a period of not to exceed tNelve months; that all residenceq
shall be properly connect=d to safe and adequate water and sewage
facilities; that no buildinc+ shall be placed on said land by
any means other than new construction.
5. That said premises shall not be used or maintaine3
as a dumping ground £or rubbish or trash, nor shall any wrecked
or inoperable automobiles be stored or placed thereon, and said
premises shall be maintained in a clean and sanitary condition.
6. That no anim:~ls, livestock or poultry of any kind shall
be raised, bred or kept on said property, except dogs, cats,
horses and other household pets may be kept thereon provided
that they are not kept, bred or maintained for eny commercial
purposes, and provided further that they are securely fenced
wi thir. the owner's property.
;. Enforcement shall be by proceedings at law or in
.~c city a,:ainst en? person er persons violating or attempting
to va.~late any covenant either to restrain violation or to
re:cuvc-r damages, or both.
a VYV 3•J
~~ ~ ~~~
(6z1 w. Sopr~.a~CreelvRoaaL)
~lN ~I~LICA1"ION FOR:
~4CTIVI7Y ~NV~LO~f R~1/,I"fW, S~'fCIr4L
R~VI~W ~t1 ~ROV,4 L FOR fl CAL(, ~lN~ CMQS
~x~M~'T"ION FOR ~,4 ~R~-~1C.IS7"INC~ LOT
suBMrT~v BY
201 N. MILL ST'R£fT, SL(IT'f 108
~tlS~'fN, COLORtl1~0 81611
(970) 925-7819
fa~(970) 925-7395
n~haa~sC~~pr%~: v~,t
Ju~npi, zoos
n ~ 01 C_TT ~ PID No. 2465231-O1-004
AN APPLICATION FOR APPROVAL OF
AN ACTIVITY ENVELOPE, SPECIAL REVIEW
APPROVAL FOR A CDU, AND GMQS EXEMPTION FOR
A PRE-EXISTING LOT
FOR
W. SOPRIS CREEK, LLC
Submitted by:
W. Sopris Creek, LLC
0363 Sopris Creek Road
Basalt, CO 81621
Prepared by:
HAAS LAND PLANNING, LLC
Planning Consultant
201 North Mill Street, Suite 108
Aspen, CO 81611
Phone: (970)925-7819
Fax: (970)925-7395
Email: mhaas@sopris.net
PID No. 2465231-01-004
~d~~~~
W. Sopris Creek, LLC Application
TABLE OF CONTENTS
PAGE
I. INTRODUCTION ...........................................................................1
II. NEIGHBORHOOD AND SUBJECT PROPERTY .....................................3
III. THE PROPOSAL ............................................................................4
IV. REVIEW REQUIREMENTS ................................................................6
A. Activity Envelope .......................................................................6
B. Rural Character, Environmental Protection and Natural Hazazds ...................8
1. Site Preparation and Grading ..................................................8
2. Steep and Potentially Unstable Slopes .........................................8
3. Water Course and Drainage ...................................................8
4. Wildfire Hazazds .............................................................................9
5. Wildlife Habitat ................................................................10
6. Scenic View Protection/Rural Character Guidelines ......................13
C. Approvals for the Home and CDU ....................................................14
1. Special Review for CDU .....................................................14
2. GMQS Exemption for CDU ..................................................17
3. GMQS Exemption for Pre-Existing Lots ..................................17
Exhibits
Exhibit 1: Proof of Ownership
Exhibit 2: Letter of Authorization for Haas Land Planning, LLC to Represent the
Applicant
Exhibit 3: Pre-Application Conference Summary
Exhibit 4: Wildfire Hazazd Review by Rocky Mountain Ecological Services, Inc.
Exhibit 5: Wildlife Habitat Assessment by Colorado Wildlife Science
Exhibit 6: Adjacent Property Owners' Mailing Addresses of Record
Exhibit 7: Executed Agreement to Pay Form
PID No.2465-231-01-004
000003
I. INTRODUCTION
This application requests approvals for:
• Activity Envelope Review;
• Special Review approval for a CDU; and,
• GMQS Exemption for aPre-Existing Lot.
The subject property is part of the area of Emma known as the Nystrom Tracts
and is legally described as a parcel of land situated in Tract 72, Sections 14 and 23,
Township 8, Range 87 West of the 6`h P.M., County of Pitkin, State of Colorado. The
address of the property is 621 W. Sopris Creek Road, Basalt, and its general location
relative to the surrounding area is depicted on the Vicinity Map below.
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v~cm~ry map - oz~ w. Sopris Creek Road, Basalt
621 W. Sopris Creek Road is an 11.19 acre property, and its Parcel Identification
Number is 2465-231-O1-004. The property lies outside the Urban Growth Boundary
(UGB), in Pitkin County's designated Rural Area. Legal access is gained via direct
connection to, and frontage on W. Sopris Creek Road.
This application is submitted pursuant to the following sections of the Pitkin
County Land Use Code (the Code): 2-30-30(h), Special Review for CDU; 2-40-20(f),
Additional Special Review Procedures for CDU; 4-30-50(e), Cazetaker Dwelling Units;
6-30-4Q GMQS Exemption for CDU; 6-30-100, GMQS Exemption for Pre-Existing
Lots; 2-30-20(g)(3), Activity Envelope Criteria for Approval; 7-10-50, Activity
Envelope; 7-10-60, Priorities in Locating Activity or Development; and, 7-20, Rural
Character, Environmental Protection, and Natural Hazards.
621 W. Sopris Creek (Pazcel No. 2465-231-O1-004)
.:000004
The application is submitted by W. Sopris Creek LLC (hereinafter `Yhe
applicant"), owner of the subject property. Proof of the applicant's ownership is
provided in Exhibit 1. Authorization for Haas Land Planning, LLC, (HLP) to represent
the property owner for this application is provided in Exhibit 2. Apre-application
conference summazy is included herewith as Exhibit 3. A wildfire review assessment
prepazed by Mr. Eric Petterson of Rocky Mountain Ecological Services, Inc (RMES) is
attached as Exhibit 4. A wildlife habitat assessment prepazed by Mr. Jonathan Lowsky of
Colorado Wildlife Science (CWS) is attached as Exhibit 5. A list of adjacent property
owners with their mailing addresses ofrecord and an executed application fee agreement
are attached as Exhibits 6 and 7, respectively.
This application is divided into four sections. This Section I is a brief
introduction to the application, while Section II furnishes an overview of the
neighborhood and subject property (existing conditions). The proposed development is
detailed in Section III, while Section IV identifies the relevant review criteria ofthe Code
and provides responses demonstrating compliance and/or consistency with each standard,
as applicable. For the reviewer's convenience, all pertinent supporting documents aze
provided in the various exhibits to the application.
While the applicant has attempted to address all relevant provisions of the Code
and provide sufficient information to enable a thorough evaluation, questions may arise
which require further information and/or clarification. Upon request, the applicant will
provide such additional information as may be required in the course ofthe review.
62] W. Sopris Creek (Pazcel No. 2465-231-O1-004) Page
000005
II. THE NEIGHBORHOOD & SUBJECT PROPERTY (Existing Conditions)
The subject property is an 11.19 acre parcel at 621 W. Sopris Creek Road, and its
general location relative to the surrounding environs is depicted on the Vicinity Map
provided in Section I, above. The Parcel Identification Number is 2465-231-O1-004. The
property lies outside the Urban Growth Boundary (UGB), in Pitkin County's designated
Rural Area.
The property is located approximately %Z-mile up W. Sopris Creek Road, and is
accessed directly from W. Sopris Creek Road. The property is primarily bounded on the
east and west by residential properties, on the south by W. Sopris Creek Road, and on the
north by the 385 acre Crown Mountain Ranch The homesite is located on a prevailing
slope of approximately 18%, with pinyon and juniper trees adjacent to the roadway, a
cleared meadow just above the road, and a significant stand of cottonwoods established
by an irrigation ditch above the cleared meadow. Above the irrigation ditch the
vegetation reverts back to pinyon and juniper trees.
The area below the irrigation ditch is considered to have a "Moderate" wildfire
hazard rating, but the azea above the ditch is considered a high hazard. This property is
not mapped as affected by or otherwise known to be affected by any geologic hazazds.
The property is not affected by mapped floodplains, wetlands, riparian azeas, avalanches,
landslides, rock fall, alluvial fans, talus slopes, Mancos shale, expansive soiUrock, ground
subsistence, or historical or azchaeological resources. The proposed activity envelope
does not contain any continuous slopes of greater than 30%.
CDOW maps indicate that the property lies within mule deer and elk winter
range, severe winter range, and winter concentration areas. However, site assessment
revealed that some of the CDOW data is inaccurate relative to severe winter range and
winter concentration areas. No ripazian habitat or wetlands will be directly affected by
the proposed development
In general, the neighborhood in which the subject property is located consists of
single-family homes and ranches on moderate to lazge acreages. As one drives further
along W. Sopris Creek Road, the pazcels become larger and the area becomes more rural.
/~ 621 W. Sopris Creek (Pazcel No. 2465-231-01-004)
OOOOOf:
III. THE PROPOSAL
This application requests approvals for:
• Activity Envelope Review;
• Special Review approval for a CDU; and,
• GMQS Exemption for apre-existing lot.
The proposed Activity Envelope is located within a cleared meadow on the
property and will accommodate asingle-family residence and CDU. No development is
proposed in the azea above the irrigation ditch, which comprises most of the property's
11 acres.
This property is not known to be affected by any geologic hazards. The property
is not affected by floodplains, wetlands, ripazian areas, avalanches, landslides, rock fall,
alluvial fans, talus slopes, Maness shale, expansive soiUrock, ground subsistence, or
historical or azchaeological resources. The proposed activity envelope does not contain
any continuous slopes of greater than 30%.
From a wildfire hazards standpoint, Mr. Eric Patterson visited this site and found
the azea of the proposed Activity Envelope to have a "Moderate" wildfire hazazd rating
(Exhibit 4).
CDOW maps indicate that the property lies within mule deer and elk winter
range, severe winter range, and winter concentration azea. However, site assessment
revealed that some of the CDOW mapping is inaccurate, inasmuch as that the azea below
the irrigation ditch is not within mule deer severe winter range or winter concentration
area. Although Section 7-20-70(d) of the Code establishes a minimum '/. mile buffer
between any building or structure and severe winter range and/or winter concentration
azeas, the properties immediately adjacent to the subject site aze all fully developed above
the irrigation ditch. Wildlife expert Jonathan Lowsky concluded that it is unlikely that
the proposed development, which will lie below the irrigation ditch in a cleazed meadow,
will significantly affect important wildlife habitat (See Exhibit 5). No riparian habitat or
wetlands will be directly affected by the proposed development.
The boundaries of the Activity Envelope ensure a minimal impact development
with complete mitigation. The proposed Activity Envelope will eventually be augmented
with a Site Plan Review for development of one single-family home and associated
accessory uses.
Section 7-20-120 establishes Scenic View Protection areas that are proximate to
and most visible from specific roads in the County, including West Sopris Creek Road.
The standards of Section 7-20-120 are designed to nvnimize the visual impact of new
development, including expansions to existing structures, as well as to preserve the rural
character of all Rural Areas of the County. Since the current proposal only involves
designation of an Activity Envelope, Scenic Review for the eventual development of a
621 W. Sopris Creek (Pazcel No. 2465-231-O1-004)
oooa~~
single-family residence and customary accessory structures will take place at the time of
Site Plan approval for such development.
Since the property was legally created prior to June 12, 1978 it is entitled to a
GMQS exemption enabling development of one single-family dwelling unit and
accessory structures of up to 5,750 square feet of floor area pursuant to Section 6-30-
100(a) of the Code. Enabling development of a CDU requires special review approval
pursuant to Section 2-30-30(h).
621 W. Sopris Creek (Pazcel No. 2465-231-01-004)
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IV. REVIEW REQUIREMENTS
The applicable review standazds of the Code aze addressed in this section of the
application and in the following order:
A) Activity Envelope (§2-30-20(g)(3); and, §7-10-50); and
B) Rural Chazacter, Environmental Protection, and Natural Hazazds (§7-20):
1. Site Preparation and Grading (§7-20-10);
2. Steep and Potentially Unstable Slopes (§7-20-20);
3. Water Course and Drainage (§7-20-30);
4. Wildfire Hazazd (§7-20-60);
5. Wildlife Habitat Areas (§7-20-70);
6. Scenic View Protection Areas and Rural Character Guidelines for Building
Location (§7-20-120(d) and (e)); and
C) Approvals for the CDU:
1. Special Review for a CDU (§2-30-30(h));
2. GMQS Exemption for a CDU (§6-30-40);
3. Growth Management Exemption for apre-Existing Lot (§6-30-100).
A. Activity Envelope, Sections 2-30-20(¢1(3) & 7-10-50
Under Section 2-30-20(g)(3) of the Code,
An application for designation of an Activity Envelope shall be approved
if it complies with the standards and criteria established in Sec. 7-10-50. If
the applicant chooses to apply for definition of an Activity Envelope
separately from approval of a Site Plan, the Activity Envelope shall be
designed to accommodate the Zargest home and related septic field
possible on the site pursuant to Table 5-I after the use of TDRs or a
GMQS allocation to increase house size.
In the subject case, the applicant is applying for designation of an Activity
Envelope to build asingle-family home and CDU outside of the Urban Growth
Boundary, in Pitkin County's designated Rural Area. The property is zoned RS-3Q
which is intended for low-density, single-family residential development and customary
accessory uses. Development of asingle-family residence and CDU is consistent with
the intent of the RS-30 zoning. Table S.lA of the Code governs house size and
maximum floor area in the Rural Zone Districts and allows for a home of up to 5,750
square feet without GMQS allocation or TDR.
The applicant is currently seeking designation of an Activity Envelope, without
Site Plan Approval, as allowed in Sections 2-30-20(g)(3) and 7-10-50(fj of the Code. It
is understood that prior to the issuance of a Development Permit for the home, the
O 0 n O ~ n 621 W. Sopris Creek (Pazcei No. 2465-231-01-004)
applicant will be required to submit an application for and gain approval of a Site Plan
confirming that the proposed development is consistent with the defined Activity
Envelope and with other standards of the Land Use Code not being addressed at this time.
An application for Site Plan Review will be submitted at a later date.
In order for designation ofan Activity Envelope to be approved, the standazds and
criteria of Section 7-10-50 must be followed. The proposed Activity Envelope assures
avoidance of "Constrained Areas" which, according to Section 7-10-50, include:
(i) Areas of Statewide Interest listed in C.R.S. 24-65.1-101 et. seq.), (ii)
steep and potentially unstable slopes, (iii) water courses; drainage
channels, and areas subject to erosion, (iv) floodplain hazard areas, (v)
geological hazard areas, (vi) severe or low to moderate wildfire hazard
areas, (vii) wildlife habitat areas, (viii) river and stream corridors and
wetlands (~.z) irrigated lands for food or crop production, (x) historic
preservation areas, and (xi) archeological resource areas.
All "Constrained Areas" on the subject property will be avoided, as addressed
later in this application. The only constraints present on the subject property aze a
Moderate wildfire hazrd and the property is mapped as mule deer and ells winter range,
severe winter range and winter concentration azeas. To ensure consistency with the Code
requirements associated with constrained azeas, the applicant hired Mr. Jonathan Lowsky
(Colorado Wildlife Science) to review and evaluate wildlife habitat, and Mr. Eric
Petterson (Rocky Mountain Ecological Services, Inc.) to review and evaluate wildfire
hazazds (See Exhibits 5 and 4, respectively). The fmdings and recommendations ofthese
professionals are explained below and will be followed.
This proposal seeks to minimize impacts on surrounding properties, maximize
wmpliance with the requirements of the development standards in Chapter 7 of the Code,
and maximize compliance with the Comprehensive Plan goals and objectives.
After the Activity Envelope is defined and the Site Plan is approved, all
applicable local, state and federal permits will be obtained prior to any clearing, gradmg,
grubbing, or earthmoving that exceeds fifty (50) cubic yazds, or changes in the natural
drainage of the site. The natural grade, topography, vegetation and drainage of azeas
outside the activity envelope will not be disturbed, except as specifically permitted by the
Code. Prior to any development activity on the parcel, the boundaries of the activity
envelope will be identified with construction fencing, and such fencing will remain in
place until development has been completed.
621 W. Sopris Creek (Pazcel No. 2465-231-01-004)
~~0011
B. Rural Character, Environmental Protection, and Natural Hazards (Section
7-201
1. Site Preparation and Grading, Section 7-20-10
The proposed Activity Envelope ensures consistency with the requirements of
Section 7-20-10. In accordance with Section 7-20-10(a), Grading and Fill Placement, all
grading and fill placement will take place within the defined Activity Envelope and any
exceeding 50 cubic yazds will be indicated on the Site Plan at the time of Site Plan
Review.
Pursuant to Section 7-20-10(b), Cleazing, Grubbing and Vegetation Removal, all
clearing or grubbing of land, or removal of vegetation will take place within the approved
Activity Envelope, except for the removal of noxious weeds or requirements necessazy
for wildfire mitigation, both of which may occur outside of the Activity Envelope.
Compliance with the requirements of this Section and Section 7-20-130 will be
documented on the Site Plan to be provided at the time of Site Plan review.
Section 7-20-10(c) governs tree removal and mitigation. The applicant
understands that each tree with six (6) inches or larger diameter at breast height (D.B.H.)
that is removed within the Activity Envelope shall be replaced with one (1) or more trees
with total D.B.H. at least equal to the caliper(s) of the tree(s) removed, unless the tree(s)
is diseased, or required to be removed pursuant to the provisions of Section 7-20-60. All
revegetation shall also comply with the Pitkin County Revegetation Guidelines. The
applicant further understands that any required mitigation trees that do not survive for at
least one (1) yeaz after installation will need to be replaced.
2. Steep and Potentially Unstable Slopes, Section 7-20-20
Section 7-20-20 of the Code provides standards for the review of development
proposed on steep and potentially unstable slopes. Subsection (d) states that development
is permitted on slopes with less than a thirty (30) percent gradient.
There aze no continuous slopes in excess of thirty (30) percent within the
proposed Activity Envelope. There aze some isolated, discontinuous spots scattered
throughout the property that may exceed thirty (30) percent, but these are either the result
of man-made improvements/changes or simple anomalies. The majority of the property
consists of slopes between fifteen (15) and thirty (30) percent. The chosen Activity
Envelope, in the cleared meadow adjacent to W. Sopris Creek Road and below the
irrigation ditch, is the best available area and is appropriate for development.
3. Water Courses and Drainage, Section 7-20-30
At the time of building permit application, the proposed development of the site
will demonstrate maintenance of historic drainage patterns to reasonably preserve the
natural character of the site and prevent property damage. The flow of natural water
courses will not be impeded, and adequate drainage will be provided for all low points.
621 W. Sopris Creek (Pazcel No. 2465-231-O1-004)
0~~~12
On-site treatment of storm water will be designed to detain and allow infiltration of
runoffprior to dischazge to any water body.
All erosion related impacts associated with development of the property will be
minimized and addressed as part of the building permit application. Erosion control will
be accomplished by minimizing disturbance to natural vegetation and soil cover by
ensuring that all cuts and fills are adequately designed and revegetated, and by providing
provisions for protection of vegetation from fire.
Runoff volumes and peaks within the development site and in areas affected by
runoff from the development site will not exceed the levels attributable to the
undeveloped site as determined by a professional engineer licensed in the State of
Colorado. The drainage related improvements discussed above will also aid in
minimizing erosion. The development will not affect irrigation of any agricultural lands,
and it will not adversely affect the exercise of any existing and decreed irrigation water
right. Flooding problems from flood irrigation will be avoided. There will be a County
approved on-site ISDS. Sedimentation controls will be implemented before and
throughout development, and there will be no runoff into any water body, wetlands, or
ripazian area.
Finally, use and development of the property will comply with all state and
federal statutes and regulations concerning the protection and enhancement of water
quality, and will be consistent with maintenance of the Stream Classifications for the
Roaring Fork River watershed, as identified in Section 208 of the Roaring Fork
Watershed Management Plan, while emphasizing the most efficient use of water. This
development shall not result in the introduction of any contaminants to groundwater, or
interfere with any rechazge azea or aquifer. No building shall be constructed immediately
(i.e., within 20') downhill of a ditch unless the ditch is placed in a culvert, lined, or
otherwise treated to avoid leakage of water downhill towazds the building.
4. Wildfire Hazards, Sec. 7-20-60
Development is allowed in low and moderate wildfire hazazd areas, if such
development complies with the development standards of Section 7-20-60(c). These
standazds may be vaned upon recommendation by a wildfire expert.
Section 7-20-60 establishes mitigation standazds applicable to developments
within either severe wildfire hazazd areas, or low and medium hazazd wildfire areas. The
property's proposed activity envelope is in a moderate rated wildfire hazazd azea. The
topography of the activity envelope is a cleazed meadow with an average slope of
approximately 18%. The vegetation around the site is dominated by pinyon and juniper
trees, with a significant stand of wttonwoods that have been established by an irrigation
ditch above the meadow.
Based on his site visit and an understanding of the proposed activity envelope
location, Eric Petterson of Rocky Mountain Ecological Services, Inc. considered the site
621 W. Sopris Creek (Parcel No. 2465-231-01-004) Page
000013
to have a moderate wildfire hazard. However, he found that above the irrigation ditch the
fuels could be considered a high hazazd. Ifthe irrigation ditch is piped or culverted, then
most of the cottonwood trees would begin to die off, unless supplemental irrigation is
made available. He provided certain mitigation recommendations aimed at reducing the
wildfire hazard as outlined in the report that is attached hereto as Exhibit 4. To the extent
that Section 7-20-60(c) includes any mitigation recommendations that, above and beyond
those put forth by Mr. Petterson, aze deemed to be necessazy and aze reasonable, the
applicant will accept such recommendations asconditions of the approval.
5. Wildlife Habitat Areas, Sec. 7-20-70
Mr. Jonathan Lowsky, owner and principal Ecologist of Colorado Wildlife
Science, LLC (CWS), visited the site ofthe proposed development and prepared a report
that is attached as Exhibit 5. His fmdings and conclusions are summarized below.
The proposed Activity Envelope does not contain significant sagebrush, aspen, or
mountain shrub dominated plant communities. There are no federally listed Threatened,
Endangered, or Candidate plant or animal species known or suspected to occur on the
property, nor is there critical habitat for any federally listed species occurring on the
property. There is no mapped or field-verified active bighorn sheep habitat on or
adjacent to the property. Although mapped within bald eagle winter range and winter
forage range, no active or inactive bald eagle nests, communal roost sites, or winter
concentrations aze known or suspected to occur on or adjacent to the property.
Additionally, no ripazian habitat or wetlands will be affected by this development.
CDOW maps indicate that the property lies within mule deer and elk winter
range, severe winter range, and winter concentration areas. However, the site assessment
revealed that some of the CDOW data is inaccurate. CDOW maps indicate that the elk
severe winter range and winter concentration area lies above the ditch (and outside of the
proposed Activity Envelope), but that these wintering areas extend all the way across
West Sopris Creek for mule deer. In his report, Mr. Lowsky states that, "Although game
trails on the south facing slopes are widespread, tracks and scat are abundant, and
shrubs were moderately to heavily browsed, this activity, however, greatly diminishes
below (southeast) of the ditch where the slope flattens and snow accumulates quickly in
winter thus diminishing its availability to provide forage to mule deer and elk. " CWS
found the mule deer severe winter range and winter concentration azea mapping to be
incorrect inasmuch as the severe winter range and winter concentration areas aze actually
confined to the slopes above the irrigation ditch. CDOW concurred with this CWS field
verification.
Section 7-20-70(d)(6) of the Code establishes a minimum '/<-mile buffer between
any building or structure and critical habitat, severe winter range and/or winter
concentration azeas unless Pitkin County or CDOW suggests that a different buffer is
appropriate, or the parcel is too small to accommodate the required buffer. The CWS
report explains that, "given the Nystrom Tracts are fully developed and that the
properties immediately adjacent to the property on the east and west are developed with
621 W. Sopris Creek (Pazcel No. 2465-231-O1-004)
ODUU14
single family homes above (north) of the ditch, it is unlikely that development of a single
family home [on the subject site] will increase impacts or reduce the effectiveness of the
mule deer and elk habitat on the property." CWS concludes that, "it is unlikely that the
proposed development will significantly affect important wildlife habitat. Although the
proposed development will result in the direct loss of some mule deer and elk winter
range it is likely that these species have already adapted their movement patterns and
temporal behavior in response to the neighboring homes that have been occupied since
1993 and 2001. No legally protected, sensitive, or economically important wildlife
species will be affected by the project as proposed. "
In light of the fmdings of CWS, as well as the surrounding development patterns
and the fact that this property is too small to accommodate the required buffer, the
applicant feels that it would be appropriate to grant a waiver of the '/<-mile buffer
requirement.
Since this property is located within deer and elk winter range the proposed
development will comply with Sections 7-20-70(b), (c), (e)(2), and (f)((2) as outlined
below. Section 7-20-70(b) of the Code provides five (5) principles that need to be
considered when delineating an Activity Envelope including,
1. Maintain large, intact areas of native vegetation and habitat area by
preventing fragmentation of those patches by development.
2. Protect rare landscape elements such as locally rare vegetation, unique rock
formations, sheltered draws or drainageways, or other features, and guide development
towards areas of landscape containing more common elements.
3. Maintain connections among wildlife habitats by identifying and protecting
corridors for movement.
4. Contribute to the regional protection of rare species by protecting their habitat
locally.
5. Minimize the combined and cumulative impacts of activities and development
on wildlife species, wildlife habitat, wildlife movement, and unique landscape elements.
The proposed Activity Envelope encompasses the portion of the property in the
cleazed meadow that extends from West Sopris Creek Road up almost to the irrigation
ditch The proposed Activity Envelope implements the principles of Section 7-20-70(b)
by maintaining the majority of the property's 11 acres above the irrigation ditch as open
space. The area above the ditch is forested and provides significant wildlife habitat; this
azea will not be affected by the proposed development.
The general review standards of Section 7-20-70(c) aze provided below in
italicized text, with each standard immediately followed by a response.
1. 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
621 W. Sopris Creek (Pazcel No. 2465-231-01-004) Page 11
ODUU15
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.
Native vegetation will be preserved to the maximum extent possible except where
management is necessary to reduce wildfire hazards or to accommodate construction
activities. Landscaping will be restricted to within the activity envelope. Any vegetation
damaged or removed during construction will be revegetated using native species. In the
unlikely event that the County and the DOW feel that financial mitigation would be
warranted or appropriate, the applicant agrees to cooperate.
2. Manipulation of vegetation outside of the Activity Envelope is prohibited.
There will be no manipulation of any vegetation outside of the Activity Envelope
except as may be required for wildfire hazazd mitigation and/or weed management.
3. Mesh or woven wire fences are prohibited outside the Activity Envelope.
4. Wood rail fencing shall employ three (3) rails or less, be the round or split rail
type, shall not exceed ftfty 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
twn (2) rails.
S. Wire fencing must be three (3) strands or less. The top wire should be a twelve-
point-five (12.5) gauge twisted barbless type at a maximum height of forty-twn (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.
Any fences deemed necessary will meet or exceed Pitkin County and CDOW
wildlife standazds.
6. Tall overly mature trees and standing dead trees (snags) should be retained at
the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat.
This standazd is understood by the applicant, and will be followed to the extent
possible in light of wildfire and other hazazd mitigation requirements.
7. 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.
No fruit beazing trees and shrubs will be included in the landscaping.
8. Development shall be clustered to the maximum extent possible to minimize
impact on wildlife.
621 W. Sopris Creek (Pazcel No. 2465-231-O1-004)
OODU16
All development will occur in the approved Activity Envelope only.
9. Access shall be provided to the Colorado Division of Wildlife for trapping,
tagging, studying, or otherwise managing wildlife.
Access will be provided to CDOW with reasonable notice given to the applicant.
]0. Trash/garbage shall be kept in an approved bear resistant container or
enclosure.
All refuse containers will meet or exceed the Wildlife Proof Refuse
Container/Dumpster Enclosure Standards described in Pitkin County Ordinance Number
010-2001 and the 2004 amendment thereto.
11, Bird feeders, including hummingbird feeders, shall be hung away from any
deck or window, and be at least ten (10) feet from the ground suspended between two (2)
trees or posts. All seed feeders shall include a seed catchment pan to catch discarded
seed.
This standazd is understood by the applicant and will be followed.
12. Horse grains, pellets, and cookies shall be stored in bear resistant containers.
Any and all of the above mentioned items will be stored indoors or in beaz
resistant containers.
13. Pet food shall not be left outside.
Pet food will not be left outside, and pets will not be fed outside.
Section 7-20-70(e)(2) of the Code provides that when development is allowed on
property within winter range dogs must be kenneled within fifty (50) feet of the
residential buildings or leashed under human supervision when outside a required kennel.
Section 7-20-70(f)(2) prohibits high impact recreational uses and requires that dogs
within or adjacent to winter range be kenneled, except for working dogs when at work.
The applicant understands these requirements. As such, dogs will be kenneled as
required, and no high impact recreational uses will occur on the property.
6. Scenic View Protection and Rural Character Guidelines for Building
Location, Sec. 7-20.120(d) and (e)
Section 7-20-120 establishes Scenic View Protection areas that are proximate to
and most visible from specific roads in the County, including West Sopris Creek Road.
The standards of Section 7-20-120 are designed to minimize the visual impact of new
development, including expansions to existing structures, as well as to preserve the rural
character ofall Rural Areas ofthe County.
621 W. Sopris Creek (Pazcel No. 2465-231-O1-004)
000017
All developments in Rural Areas are subject to additional guidelines that must be
followed, pursuant to Section 7-20-120(e) of the Code. Development in Rural Areas
should be located so that activities and development occur in one or a combination of the
following locations as they may apply to the particulaz property: (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 wmpound.
The proposed Activity Enveloped is located behind existing vegetation, within a
meadow, and on the only accessible portion of the 11 acres that is not constrained by
slopes or habitat. Since the applicant is only seeking Activity Envelope approval at this
time, compliance with the standards for scenic review will be fully demonstrated at the
time of Site Plan Review, as required.
C. Aonrovals for the Home and a CDU
The proposal to include a CDU requires special review and growth management
exemption approvals. Development of asingle-family home of up to 5,750 squaze feet
on this pre-1978 parcel is exempt from Growth Management. All of these issues are
addressed below.
1. Special Review for a CDU, Section 2-30-30(h)
The applicant is seeking approval of an Activity Envelope that will also
accommodate an attached or detached CDU. Pursuant to RS-30 zoning provisions and
Section 4-30-50(e) of the Code CDU are allowed in the zone district provided special
review approval is obtained pursuant to Section 2-30-30(h).
Section 2-30-30(h) of the Code establishes the criteria for approval of special
review uses. This application for special review approval to develop a CDU complies
with all of the following standazds, as demonstrated below:
(a) The special review use shall be consistent with the applicable County Master Plan.
In terms of general consistency with County Master Plans, a CDU allows for the
on-site housing of an employee in Pitkin County. The site is within a substantially built-
out azea, and this CDU approval will be compatible with the existing neighborhood.
Several CDU exist in the area and have been approved via special review. This indicates
that the development of a CDU has consistently been deemed to be in harmony with the
Down Valley Comprehensive Plan (DVCP).
(b) The special review use shall not conflict with any applicable sections of the Pitkin
County Land Use Code, including the County Land Use Policies in Chapter 1.
Overall consistency with the County Land Use Policies contained in Chapter 1 of
the Code has been demonstrated throughout the foreging. The County Land Use Policies
621p W. Sopris Creek (Pazcel No. 2465-231-O1-004) Page
000018
contained in Chapter 1 of the Code state that, "The dominant policy of Pitkin County is to
conserve and protect from further degradation the present natural environment and its
resources." The proposed activity envelope will ensure that the development of this site
will promote this "dominant policy." The proposed special review of a CDU use does
not conflict with any applicable sections ofthe Code. Several CDU exist in the azea and
have been approved via special review. This indicates that the development of a CDU
has consistently been deemed to be in harmony with the Down Valley Comprehensive
Plan (DVCP).
(c) The proposed development must not materially endanger the public health, safety or
welfare.
The development proposed on the subject property will not endanger the public
health, safety or welfaze. The CDU will be located within an approved Activity
Envelope. Several CDU exist in the surrounding azea and throughout Pitkin County; no
CDU has ever been shown to materially or otherwise endanger the public health, safety,
or welfaze.
(d) The proposed development must not substantially injure the value of adjoining or
abutting property.
The County has approved numerous CDU in the recent past; no such approval or
development has ever been demonstrated to injure, let alone substantially injure, the
value of adjoining or abutting property. The development proposed on the subject
property will not injure the value of adjoining or abutting properties.
(e) The special review use shall be consistent with the intent of the zone district in which
it is proposed to be located.
The proposed Special Review Use (a CDU) will be located in the County's RS-30
zone district. The proposed development is fully consistent with the Intent of the RS-30
zone district in that only asingle-family home and customary accessory uses are
proposed, at a density wnsistent with the zoning. Environmental hazards have been
avoided and/or mitigated, as appropriate. The zoning allows CDU when approved by
special review.
(~ The special review use shall be compatible with the character of the immediate
vicinity of the parcel proposed for development and surrounding land uses, or shall
enhance the mixture of complimentary uses and activities in the immediate vicinity of the
parcel proposed for development.
Generally speaking, the neighborhood in which the subject property is located
consists of single-family homes and ranches on several acres of land. The adjacent
properties to the east, west, and south aze fully developed. The proposed development
follows these patterns while preserving most of the property as open space. The
621 W. Sopris Creek (Pazcel No. 2465-231A1-004) Page
000019
proposed development is wholly consistent with the character of the area. Also, please
refer to the responses provided for the previous standazds.
(~ The location, size, design and operating characteristics of the proposed special
review use must be in harmony with the surrounding area and minimize adverse effects,
including visual impacts, impacts on pedestrian and vehicular circulation, traffic
generation, parking, trash, service delivery, air/water pollution or other impacts on
natural resources, noise, vibrations and odor on surrounding properties.
Given the immediate environs and development patterns, the location, size and
design of the special review use requested herein is in complete harmony with the
surrounding area. The proposal envisions aloes-density, single-family residential
development with a house size that is consistent with neighboring homes. The activity
envelope ensures an ability to maintain open space in a functional manner while avoiding
or mitigating all environmental hazards, as appropriate.
The impacts on pedestrian and vehiculaz circulation, pazking, trash, service
delivery, noise, vibrations and odor on surrounding properties will be more or less
nonexistent. That is, the CDU and its use in the manner proposed herein will not result in
any significantly different impacts onto pedestrian and vehiculaz circulation, paking,
trash, service delivery, noise, vibrations or odor than is the case with any of the
surrounding properties.
Pazking needs of the site will be provided for within the activity envelope and will
meet County requirements with respect to amount and configuration. Trash will be
stored in compliant beaz-proof containers. Service delivery will be no different than any
single-family home in the azea or elsewhere. Finally, adequate separation exists between
the home site and neighboring properties to ensure minimization of noise, vibration or
odor impacts.
(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.
There aze already adequate public facilities and services to serve a CDU, as the
surrounding area is already lazgely developed. Roads, electric, gas, and telephone lines
are already in place for the surrounding single-family residences and no enlazgement of
services and facilities will be required to accommodate the difference in demand
presented by the CDU. It is not expected that the ability to develop a CDU will result in
undue impacts to parks, police, hospitals, or schools.
(i) The proposed special review use must comply with any additional standards or
requirements stated for such use in Sec. 4-30 and/or Sec. 2-40-20.
O O O f, ~ O 21 W. Sopris Creek (Pazcel No. 2465-231-01-004) Page
The applicant understands that there are additional standards and public notice
requirements for the CDU. The applicant will comply with the requirements of Section
4-30-50, and that compliance will be discussed in Subsection 2 below.
2. GMQS Exemption for a CDU, Section 6-30-40(c)
The applicant is seeking a GMQS exemption for one CDU to be attached or
detached from the primary residence, pursuant to Section 6-30-40(c) of the Code which
states that, "One (1) Caretaker Dwelling Unit ("CDU') may be exempted from Growth
Management on any lot or parcel located in a zone district in which a CDU is an allowed
use, a use allowed by special review, or a use allowed as part of a master plan, as shown
in Table 4-1. The CDU may be either attached to a single family dwelling unit
('principal dwelling') or other use or may be detached from the principal dwelling or
other allowed use if it complies with the standards in Sec. 4-30-SO(e). "
The proposed CDU is located in the RS-30 zone district and, as mentioned above,
is allowed by special review. The CDU will comply with the standards of Section 4-30-
50(c) through (g) as follows: the CDU will not exceed one thousand (1,000) net livable
squaze feet; the floor area of the caretaker unit will be included in the total allowed floor
azea for the lot or pazcel of land; at least one (1)off-street parking space will be provided
for the CDU; the applicant will deed restrict the CDU in a manner which makes clear that
it will not be required to be rented, will not be sold or otherwise conveyed or separated
from the original parcel, and will be limited to occupancy by not more than two (2)
adults, and related children, who have been found by the Housing Office to qualify as
employees of the community or members ofthe owner's immediate family, even though
they may not qualify as employees of the community; the CDU will be rented for terms
not less than six (6) months if rented; and the CDU restriction may be removed by the
property owner upon approval of the Community Development Director, subject to the
requirement that the dwelling be removed or modified in a manner that renders the unit
incapable ofoccupancy as a dwelling unit.
3. GMQS Exemption for Pre-Existing Lots, Section 6-30-100
According to Section 6-30-100(a) of the Code, "The development of residential
floor area on a lat or parcel legally created before June 12, 1978, may be exempted from
Growth Management. This GMQS exemption may be used to develop one single family
dwelling unit and accessory structures that count as floor area, subject to compliance
with all other applicable provisions of this Land Use Code and the following additional
standards: (1)If the lot or parcel is not improved with any structures that count as floor
area, then the applicant may develop up to the base maximum size permitted by Table 5-1
on the lot or parcel that is exemptfrom Growth Management. "
The subject property is a vacant lot on one of the "Nystrom Tracts" located in
Emma. These lots have a well established history in Pitkin County and have all been
recognized as GMQS exempt, pre-1978 parcels.
621 W. Sopris Creek (Pazcel No. 2465-231-01-004)
~~~Q~1
EXHIBITS
Exhibit 1: Proof of Ownership
Exhibit 2: Letter of Authorization for Haas Land Planning, LLC to
Represent the Applicant
Exhibit 3: Pre-Application Conference Summary
Exhibit 4: Wildfire Hazard Review by Rocky Mountain Ecological
Services, Inc.
Exhibit 5: Wildlife Habitat Assessment by Colorado Wildlife Science
Exhibit 6: Adjacent Property Owners' Mailing Addresses of Record
Exhibit 7: Executed Agreement to Pay Form
PID No. 2465231-O1-004
Q~tJ02.{
ALTA OWNER'S POLICY
SCIIEDULE A
Order Number: 461$5-CS
Date of Policy: June 25, 2007 at 2:41 PM
Amount of Insurance: $452,990.00
1. Name of Insured:
Tiffany Anne Gilfred Ernemann
Premium: $1,233.00
2. The estate or interest in the land which is covered by this Policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
Tiffany Anne Gilred Ernemann
4. The land referred to in this policy is described as follows:
See "Exhibit A" attached hereto
STEWART TITLE
GUARANTY COMPANY
EXHIBIT
~ f
Policy No.: 0-9701-2192176
ODUU23
ALTA OWNER'S POLICY
EXHIBIT "A"
A pazcel of land lying wholly within Tract 72 in Sections 14 and 23, Township 8 South, Range
87 West of the Sixth Principal Meridian, more particularly described as follows:
Beginning at AP-2 of said Tract 72,
thence Fast 179.84 feet;
thence South 24°59'05" East 1436.25 feet to the Center line of a 30 foot county road;
thence South 76°53'50" West 100.00 feet along said Center line;
thence South 38°08'00" West 275.48 feet along said Centerline;
thence North 24°59'05 West 1228.68 feet;
thence North 427.51 feet to the Point of Beginning.
COUNTY OF PITKIlY, STATE OF COLORADO.
$TSWART ~rt2ts
aunxnxTSr coMPnNY
ooaa2~
ALTA OWNER'S POLICY
SCHEDULE B
Order Number: 46185-CS
Policy No: 0-970 1-2 1 92 1 76
This policy does not insure against loss or damage (and the Company will not pay costs,
attorney's fees or expenses) which arise by reason of:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts
which a correct survey and inspection of the premises would disclose and which are not
shown by the public records.
4. Any lien, or right to,a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the
issuance thereof; water rights, claims or title to water.
6. Any and all unpaid taxes and assessments and any unredeemed tax sales.
7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should
the same be found to penetrate or intersect the premises hereby granted, as reserved in
United States Patent recorded in Book 55 at Page 141.
8. An undivided one-quarter interest in and to all oil, gas and other mineral tights in, on or
under said property with the right to prospect for, mine and remove the same, as reserved
in instrument recorded in Book 200 at Page 55.
9. Any portion of subject property lying within the County Road.
10. Undivided %. interest in all oil, gas and other mineral rights as reserved by Joe D. Cerise
and Edith Beard in Deed recorded November 14, 1962 in book 200 at Page 55 as
Reception No. 114417.
11. All oil, gas and other mineral rights as reserved by Frank A. Garrett in Deeds recorded
November 16, 1966 in Book 224 at Page 45 as Reception No_ 125910 in Book 231 at Page
116, and in Book 239 at Page 413 and in Book 239 at Page 416.
12. Terms, conditions, obligations and provisions of Restrictive Covenants as set forth in
Deed from Nystrom Enterprises, Inc. to Thomas Swanburg, Oscar Enroth and Theodore
Granovsky recorded February 3, 1969 in Book 239 at Page 490 as Reception No. 134222.
STBWART TITLE
GUARANTY COMPANY
000025
ALTA OWNER'S POLICY
SCkIEDULE B
Order Number: 46185-CS
Policy No: 0-9701-2192176
13. Right of way easements granted unto Holy Cross Electric Association, Inc. as set forth in
instruments recorded July 14, 1971 in Book 256 at Page 512 as Reception No. 146440,
and recorded July 30, 1971 in Book 256 at Page 755 as Reception No. 146673.
14. Easements, Right-Of--Ways, terms, conditions, obligations and provisions as set forth in
Enroth Property West Sopris Creek Survey recorded March 7, 2005, in Survey Book 72 at
Page 24, as Reception No. 507633.
aT&WART T1TLE
GUARANTY COMPANY
000026
'arcel Detail
Pitkin County Assessor/Treasurer
Parcel Detail Information
Basic Buildine Characteristics ~ Tax Information
Parcel Detail ~ Value Detail ~ Sales Detail ~ Residential/Commercial Imnr_oyement Detail
Land Detail ~ Photoeraphs
Tax Area Account Number Parcel Number 2007 Mill Levy
016 R007034 246523101004 58.812
Owner Name and Address
Legal Description
Location
Assessor/Treasurer Property Search ~ Assessor Subset ue ~ Assessor Sales Search
Clerk & Recorder Retention Search
W SOPRIS CREEK LLC '
0363 SOPRIS CREEK RD
BASALT, CO 81621
SECT,TWN,RNG:14-8-87 TRACT:72 DESC:
PARCEL OF LAND WITHIN TRACT 72 SECS
14 & 23-8-87 DESC BY M/B CONT 11.19
AC M/L BK 249 PG 881
Ph sical Address: 621 W SOPRIS CREEK RD BASALT
Subdivision:
Land Acres: 1 l .19
Land S Ft: 0
Section Townshi Ran e
14 8 87
Page 1 of 3
2007 Property Tax Valuation Information
~~Q~~~
3/27/2008
rttp://www.pitkinassessor.org/assessor/pazcel.asp?PazcelNumber=246523101004
Actual Value Assessed Value
Land: 400,000 116,000
Pitkin County Community Development Dept.
130 S. Galena Street
Aspen, CO 81611-1975
RE: 621 W. Sopris Creek (PID# 2465-231-O1-004)--Designation of an Activity
Envelope for asingle-family residence and CDU.
To whom it may concern:
As owner of the above referenced property, I hereby authorize Haas Land
Planning, LLC (HLP) to act as my designated and authorized representatives for
the preparation, submittal and processing of an application for the approvals
listed above, as well as, any incidental approvals associated therewith. HLP is
also authorized to represent us in meetings with Pitkin County staff, the Hearing
Officer, the Planning and Zoning Commission, and the Board of County
Commissioners.
Should you have any need to contact me during the course of your review,
please do so through Haas Land Planning, LLC, whose address and telephone
number are included in the application.
Yours truly,
W: Sd~ris Cr~Qlc LLC
c/o Tiffany Ernemann
0363 Sopris Creek Road
Basalt, CO 81621
PID# 2465-231-O1-004
DD~U24
3
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff
PHONE: (970) 920-5093
DATE: 4/22/08
E-MAIL: suzannewCc~co.oitkin.co.us
LOCATION: 621 W. Sopris Creek Road
ZONE: AR-10
OWNER/APPLICANT: W. Sopris Creek LLC
REPRESENTATIVE: Mitch Haas
PARCEL ID #: 2465-231-01-004
ACRES: approx 10 acres
EMAIL: mhaas@sopris.net
Type of Application: Activity Envelope and Caretaker Dwelling Unit
Description of Project/Development: Applicant proposes to establish an activity envelope to construct a single
family residence and CDU.
Land Use Code Sections to address in letter of requestlapplication:
- 2-30-20(g): Activity Envelope Criteria for Approval
- 2-30-30(h): Special Review Criteria
- 4-30-50(e)(1)(2): Caretaker Dwelling Unit
- 6-30-40(c): GMQS Exemption for Caretaker Dwelling Units
- 6-30-90, GMQS exemption for development up to 5,750 square feet
- 7-10-50: Activity Envelope
- 7-10-60: Priorities in Locating Activity or Development
- 7-20-10: Site Preparation and Grading
- 7-20-20: Steep and Potentially Unstable Slopes
- 7-20-30: Water Courses and Drainage
- 7-20-60: Wildfire Hazard: mapped low wildfire
- 7-20-70: Wildlife Habitat: mapped mule deer and elk winter range; adjacent to mapped elk severe winter
range and concentration areas
Review by: Community Development Director
Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days
prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use
Code. In addition, the Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral
estate owners with the return address of the Community Development Department (form of notice to be
obtained from the Community Development Department). The names and addresses shall be those on the
current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public
hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was
postmarked to submit comments or objections to the Community Development Department.
Staff will refer to: Emma Caucus, Housing, DOW, Basalt Fire, Planning Engineer
FEES: $4,000 (make check payable to "Pitkin County Treasurer')
- $3,243 Planning flat fee (non-refundable; based on 13 hours of staff time; if staff review time exceeds 13
hours, the Applicant will be charged for additional time in excess of 13 hours at a rate of $249/hour)
- $499 Planning Engineer
- $179 Housing
- $54 Public notice
- $25 Clerk Technology Fee
000029
To apply, submit 6 copies of the following information, unless noted otherwise:
1. Letter of request, addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified
above and sufficient to demonstrate that all substantive review criteria have been met;
2. 24" by 36" Activity Envelope Plan as designated in Section 2.1.1 of the Pitkin County Land Use Application
Manual, including activity envelope location and configuration and proposed driveway alignment;
3. Geologic or engineering report
4. Wildfire hazard analysis and mitigation report
5. Consent from the owner of the property for the representative to process the application and represent the
owner (1 copy);
6. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance
company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the
property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and
development of the parcel and proof of the owner's right to use the land for the purposes identified in the
development application.
7. Street address and parcel description, including legal description, and 8-1/2"x 11"vicinity map locating the
subject properly within Pitkin County;
8. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (1
copy)(form attached);
9. This Pre-Application Conference Summary Sheet.
NOTES:
- PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION.
PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (lF
POSSIBLE).
- ALL MAPS SHALL BE FOLDED.
- This pre-application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staff's interpretations
based upon representations of the applicant. Additional information maybe required upon a complete
review of the application.
000030
.EXHIBIT
~-
ROCKY MOUNTAIN ECOLOGICAL
NEPA••WILDLIFE••VEGETATION••WILDFII2E MITIGATION
April 14, 2008
Mitch Haas
Haas Land Planning
201 N. Mill St. Suite 108
Aspen CO, 81611
RE: 621 West Sopris Creek- Wildfire Hazard Review
Dear Mr. Haas
Please submit this letter with your application to Pitkin County.
CE
••PLANNING
I visited the lot at 621 West Sopris Creek Road in Pitkin County (referred to as the
Nystrom Tract) on March 13, 2007 with Ms. Jodi Jacobsen of Hass Land Planning, who
are the owner's representatives. Mr. Haas is designating an activity envelope for
development of a homesite. The homesite is located on a slope of approximately 18%,
with remnant pinyon and juniper trees adjacent to the roadway, a cleared meadow just
above the road, and a significant stand of cottonwoods established by an irrigation ditch,
which bisects the property. The activity envelope is to be mostly wthin a cleared meadow.
Above the irrigation ditch the fuels revert back to pinyon-juniper. The site is technically
considered to be "Moderate Hazard", but above the irrigation ditch the fuels could be
considered to be High Hazard. There should be some consideration that if the irrigation
ditch is piped or culverted, then most of the cottonwood trees would begin to die-off due to
a cessation of moisture unless they are supplementally irrigated. Therefore, the following
Mitigations are recommended for any;new construction:
I. Defensible Space
As during construction most of the vegetation within at least 20' of the structure will likely be
removed, re-planting of vegetation must adhere to the following:
1. No new conifers shall be planted
within 30' of the home.
2. All branches from trees and brush
within the forty-foot (40') perimeter
shall be pruned to a height of ten feet
(10') above the ground with removal
of ladder fuels from around trees and
brush.
3. All branches that extend over the roof
eaves shall be trimmed and all
branches within fifteen feet (15') of
chimneys shall be removed.
4. All deadfall within 60' of the house
shall be removed.
0222 BOBC A'r 7.AN}; RHUti"rONIS COLU RADO 81623
PrcONI'./A'A X: (970) 963-2190 CE]J.: (970) 309-4454
I?M.41 L: I?RIC.P F,'CTr?RS(~N <J ti'CA RHAND Nl?'I'
ooao3~
Nr~ttrom Tr~cl- k'i!d&re Ha+artl Aerieu~ Afiri! 14 008
5. Flammable mulches (wood chips) are not allowed within 2' of the house.
6. Aspen trees are allowed near the house, as long as they are not within 10' of the
structure. No trees of any species may be within 15' of any window.
7. Cottonwoods may be near the house, as long as they are not within 15' of the
structure. Cottonwoods should have brush and deadfall removed from around the
base of the trees, and should be limbed to at least 10'. Dead or dying cottonwoods
should be removed as necessary.
8. In general, cottonwoods shall be thinned to 70% of current stocking within 50 feet of
the homesite.
9. If the homesite has pinyon orjuniper trees within 100 feet, then these pinyon and
juniper trees shall be thinned to 30% of current stocking. Thinning can occur in an
aesthetically pleasing manner. Thinning should be heavier closer to the home and
less intense further away from the home.
10. The property owner shall be responsible for the continued maintenance of the above
listed vegetation requirements.
II. Access
Access roads and driveways shall be built to County standards. Standards may be
increased based on local fire protection districts input for emergency vehicle
access.
2. Shrubs or conifers are not allowed within 15' of the driveway. Aspen/cottonwoods
are permitted within 10' of the driveway, but must be pruned to 6' above the
ground.
3. Low vegetation (grasses, (orbs and low shrubs) shall be kept mowed to less than
6" within 10' of either side of the driveway.
III. Water Supply for Fire Safety
1. When access to a public or private pressurized water system is not available or if it
is necessary to augment fire protection water systems, private ponds may be used
if approved by the Community Development Department and the local fire
protection district.
2. Any fire department recommendation for individual structure water supply and
storage shall be accessible to fire department vehicles from the exterior of the
structure through a fire department approved mechanism (such as a fire hydrant).
The amount of storage capacity shall be determined by the fire protection district
with a minimum of one thousand (1,000) gallon storage capacity per structure.
3. All structures greater than 5,000 square feet in size shall be required to install in-
house sprinkler systems that meet the standards of the local fire protection district
and the IBC. At building permit submittal, the local fire protection district may
require smaller structures to be sprinkled due to hazard considerations, emergency
access difficulties and lack of proximity to fire protection services.
ROCKY MOONTNN ECVLOGICAL SLRVICI;S, INt;
~~~~~
Nwtram Trart- 1L'ilA&re Ha.~arARevreiu Apn! 14. 2008
IV. Roofing Materials, Roofing Vents and Projections at and Below Roof Line
a) General Roofing Standards
a. Roofs with less than a 3:12 pitch are only allowed as long as they comply
with the following:
i. All roof coverings shall be constructed of non-combustible 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 roof debris.
iii. Protrusions above the roofline, such as parapets, shall be
prohibited.
b. Otherwise, roofs shall be installed as required by the adopted Building
Code and shall have a minimum roof pitch of 1:48.
c. All roof designs, coverings, or equivalent assemblies shall be specifically
approved by the Fire Marshall prior to submittal of a building permit
application.
b) Roofing Materials
a. Any new roofs (with pitch greater than 3:12) shall be constructed with a
minimum of a Class-A roof covering or Class A assembly (see IBC Section
1505.2 ).
b. No wood shakes or shingles.
c. All other adopted Building Code compliant methods and materials are
permitted.
c) Roof Venting
a. Soffit venting shall be located in the outer 1/3'" portion of the overhang.
b. Attic, soffit and other roof venting shall be of non-corrosive metal mesh with
maximum'/<" openings.
d) Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs,
Fascias, or Other
a. Sheath with non-combustible materials, or
b. Combustible materials underlain with 5/S" Type X gypboard or equal, or
c. Minimum 4x6 rafters with 2x T&G decking.
e) Decks, Decking, Cantilevered Floors, or Other Projections Below the
Roofline:
a. Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or
equivalent log construction
V Maintenance and Miscellaneous Requirements
a. Roofs and gutters shall be kept clear of debris.
ROCKY MOUNTAIN ECOLOGICAL SLRV K:NS, INC
000033
Ntvtmm Trait- lY'ildfrre Ha.yarr! Review tlDrl! 7~ 2008
b. Yards shall be kept clear of all Iftter, slash and flammable debris.
c. All flammable materials shall be stored on a parallel contour a minimum of fifteen
(15) feet away from any structure.
d. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a
height of not more than six (6) inches.
e. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen
(15) feet away from the structure.
f. Swimming pools and ponds shall be accessible by the local fire district.
g. Fences shall be kept clear of brush and debris.
h. Wood fences shall not connect to other structures.
i. Fuel tanks shall be installed underground within an approved container.
j. Propane tanks shall be buried, if possible, or installed according to NFPA 58
standards and on a contour away from the structure with standard defensible
space vegetation mitigation around any aboveground tank. Any wood enclosure
around the tank shall be constructed with materials approved for two (2) hour fire-
resistive construction on the exterior side of the walls.
k. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
I. 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 surface.
The standards stated in 7-20-60 Wildfire Hazards, has been slightly modified for the
conditions at this property. Thank you for this opportunity to comment on this property, and
please feel free to email 'rf you have any questions.
Sincerely,
LY}1YA4MMRMm
Eric Petterson ~~ "~"~~""
~~..,e.d.~~.~
~~.,.~~~
Eric Petterson
Rocky Mountain Ecological Services, Inc.
RoC~:1' MnUN'I'AIN ECUTAGICAL SIi2V1CLfS, INC
00003~r
000035
W Sopris Creek, LLC
Ecological Assessment Mav 19. 2008
Colorado Wildlife Science, LLC
Jonathan Lowsky, MS
Wildlife Biologist/Principal
I hereby certify that the information contained herein is true and accurate.
Jonathan Lowsky, Colorado Wildlife Science, LLC May 19, 2008
COLORADO WILDLIFE SCIENCE, LLC P. 2
r ~1f~'1^
W Sopris Creek, LLC
Ecological Assessment Mav 1 2008
Table of Contents
1.0 INTRODUCTION ................................................................................................................. 5
2.0 METHODS ........................................................................................................................... .. 5
3.0 SITE DESCRIPTION .......................................................................................................... .. 5
4.0 VEGETATION ..................................................................................................................... .. 5
4.1 Significant Sagebrush, Aspen, & Mountain Shrub Dominated Habitat ............. ...6
5.0 IMPORTANT ECOLOGICAL RESOURCES ................................................................. .. 6
5.1 Rare, Threatened and Endangered Species ................................................................ ...6
5.2 Ungulates .......................................................................................................................... ...6
5.3 Raptors .............................................................................................................................. ...7
5.5 Black Bears ....................................................................................................................... ...7
5.6 Riparian Areas &Wetlands ........................................................................................... ...7
6.0 CONCLUSIONS .................................................................................................................. .. 7
7.0 POTENTIAL EFFECTS OF THE PROPOSED PROJECT ............................................ ..8
8.0 RECOMMENDATIONS .................................................................................................... .. 8
9.0 QUALIFICATIONS OF THE PREPARER ...................................................................... 11
10.0 LITERATURE CITED ....................................................................................................... 12
MAPS ........................................................................................................................................... 13
PHOTOS ....................................................................................................... 18
..............................
APPENDI CE 5 ............................................................................................................................. 20
APPENDIX A: CDOW NDIS UNGULATE SEASONAL ACTIVITY AREA
DEFINITIONS ............................ 21
...............................................................................................
COLORADO WILDLIFE SCIENCE. LLC P
000037
W Sopris Creek, LLC
Ecological Assessment Mav 19 2008
MAPS
Map 1. Aerial view.........
Map 3. CDOW mapped mule deer seasonal habitat .......................................................
Map 5. CDOW mapped and field verified Rocky Mountain elk seasonal habitat......
Map 4. Field verified mule deer seasonal habitat ............................................................
PHOTOS
Photo 1. Pinon-juniper /mountain big sagebrush shnablands .................................
Photo 2. Degraded non-native pasture grass (and weed) hayfield/pasture............
Photo 3. Narrowleaf cottonwoods paralleling ditch at toe of slope .........................
Photo 4. Browsed Gambel oak ................................................................._.___....--------
.......... 19
.......... 19
.......... 19
COLORADO WILDLIFE SCIENCE. LLC P y
000038
W Sopris Creek, LLC
EcolooicalAssessment Mav19 2008
1.0 INTRODUCTION
This report presents an evaluation of the wildlife, wildlife habitat, and ecological
resources of a parcel of land in the Nystrom Tracts at West Sopris Creek Road (PID #
2465-231-of-oo4) (the Property) and assesses the effects of the proposed action on
those resources. This analysis addresses significant, present wildlife use of the
Property, evaluates potential effects of development on wildlife and other important
ecological resources, and recommends actions to reduce ecological impacts.
This report provides all Wildlife Habitat Area and Vegetation Protection information
required by Pitkin County for Activity Envelope and Site Plan Approval. Constrained
Areas as defined by the Pitkin County Land Use Code (LUC) addressed in this report
include: critical wildlife habitat; severe winter range, and/or winter concentration
areas; wildlife migration corridors or habitat; wildlife production, birthing or calving
areas; important waterfowl and wading bird habitat areas; significant mountain big
sagebrush, aspen, and mountain shrub dominated habitat; and rare, imperiled,
sensitive, threatened, or endangered species critical habitat (§~-20-~0).
2.0 METHODS
The information contained herein is based on the following: (1) consultations with
Jodi Jacobson, Haas Land Planning, LLC; (z) a site assessment of the subject
property's ecological resources; (3) a review of current Colorado Division of Wildlife
(CDOW) Natural Diversity Information Source (NDIS) Species Distribution Data
(CDOW zoo8a); (4) the author's observations of wildlife on and around the subject
property since 1998; and (8) the author's experience in evaluating and mitigating
potential impacts of residential development on wildlife and other ecological
resources in the West Sopris Creek area.
3.0 SITE DESCRIPTION
The Property is situated in the North-Central Highlands and Rocky Mountain
Section of the Southern Rocky Mountains Steppe -Open Woodland -Coniferous
Forest -Alpine Meadow Physiographic Province (Bailey et al. 196; Omernik 198;
Bailey 1995; Bailey et al. 1998) at the eastern edge of Crown Mountain and northwest
of West Sopris Creek. Elevation of the W Sopris Creek, LLC ranges from
approximately 6,89 to '],218 feet above mean sea level and lies within Sections 14
and z3 of Township 8 South, Range 8~ West of the 6~h Principle Meridian.
For the most part, the Property consists of steep southeasterly facing slopes. Aspect
shifts to the north at a ridge on the northwestern end of the property (Map 1).
Approximately 14% of the Property lies below (southeast) of the toe of the lower
slopes of Crown Mountain. This portion of the Property is gently sloping toward the
southeast and West Sopris Creek Road. An irrigation ditch flows northeasterly across
the Property at the toe of the Crown Mountain slopes (Map 1).
4.0 VEGETATION
The dominant plant communities on the subject property are: (1) Two-Needle Piiion-
Juniper/Mountain Big Sagebrush Woodland (Photo 1); (z) Gambel Oak Mixed
Montane Shrubland; (3) non-native pasture grass hayfields (Photo z); (4) Narrowleaf
Cottonwood Woodland (Photo 3). The hayfields occupy the area below the ditch; the
cottonwood community parallels the ditch; the piiion-juniper/sagebrush dominates
COLORADO WILDLIFE SCIENCE, LLC P $
000039
W Sopris Creek, LLC
Ecological Assessment Mav 19. 2008
the southeasterly slopes; and the Gambel oak shrublands cover the northerly facing
slopes over the ridge. The hayfield/pasture is in a degraded state with patches of bare
soil and moderately infested with weeds.
4.7 Significant Sagebrush, Aspen, 8~ Mountain Shrub Dominated Habitat
The proposed activity envelope does not contain significant sagebrush, aspen, or
mountain shrub dominated plant communities.
5.0 IMPORTANT ECOLOGICAL RESOURCES
Wildlife habitat is addressed broadly to include locations that are ecologically
significant and where activities or structures would interfere with important wildlife
functions and activities as required by the LUC. The `important ecological resources'
described herein are those wildlife species and other ecological elements that are of
significant ecological, economic, regulatory, and/or political importance. Other
ecological elements may occur on the Property but are not discussed in this report
because they will not be significantly impacted by development of this nature and/or
are not specifically regulated by local, state, or federal law or code. In addition, mule
deer and elk serve as `umbrella species' (Lambeck r997; Caro & O'Doherty 1999>
Roberge & Angelstam 2004). By meeting the umbrella species' requirements, the
habitat of many other species using the Property will be adequately supported.
5.1 Rare, Threatened and Endangered Species
There are no federally listed Threatened, Endangered or Candidate plant or animal
species known or suspected to occur on the Property nor is there critical habitat for
any federally listed species occurring on the Property.
Much of the Property is mapped by the CDOW within bald eagle (Haliaeetus
leucocephalus -State Threatened) winter range and winter forage range (CDOW
zoo8b). This data is very loosely mapped based on the mule deer winter range and
based on field observation (P. Schnurr, CDOW, personal communication). It is quite
possible, however, that wintering bald eagles do occasionally feed on winter killed
and hunter injured mule deer carcasses on the Property in winter. No active or
inactive bald eagle nests, communal roost sites, or winter concentrations are known
or suspected to occur on or adjacent to the Property.
Harrington's beardtongue (Penstemon harringtonil) occurs in habitat similar to that
found on the site upper portions of the Property. This rare penstemon is a narrowly
endemic vascular plant with a global range limited to an 82 by 48 mile area in the
Colorado River drainage in northwestern Colorado. It is known from 74 occurrences
in Eagle, Garfield, Grand, Pitkin, Routt, and Summit counties and is found primarily
in dry, sagebrush-dominated communities between 6,40o and 9,40o ft. elevation
(Panjabi & Anderson 2006). Qualified personnel surveyed the site and found no
Harrington's beardtongue plants growing within or adjacent to the proposed activity
envelope.
5.2 Ungulates'
CDOW NDIS species distribution maps (CDOW zoo8a) indicate that the Property
lies within mule deer (Odocoileus hemionus) and Rocky Mountain elk (Ceruus
canadensis nelsom) winter range, severe winter range, and winter concentration
~ See Appendix A for CDOW NDIS definitions of mule deer and elk seasonal habitats.
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area (Maps 2, 3). Section ~-zo-~o of the LUC requires that in "...all cases, mapping
will be field verified by the Colorado Division of Wildlife or a wildlife expert
approved by Pitkin County (Pitkin County 2006)."
Both elk and mule deer on winter range continuously seek the most moderate
ambient weather conditions, and other factors influencing habitat selection are
secondary. In winter, elk move between foraging and bedding sites in response to
changing ambient temperatures, increasing snow depths, and to enhance control of
body temperature. On the coldest days and/or when snow depths are greatest, both
species seek southerly and westerly facing slopes where snows typically melt quickly.
Snow depths greater than 12 inches begin to reduce the winter range (USFWS 1982).
In general, mule deer and elk do not tolerate snow depths greater than chest height
and are impeded when snow is knee-deep (Loveless r96~; Kelsall & Prescott t9~r;
Parker 1984; Toweill et al. zoo2; Ungulate Winter Range Technical Advisory Team
2005). Consequently, winter range of larger elk covers a greater areal extent of lands
with greater snow depths than that of mule deer (Parker t984).
The site assessment revealed that some of the CDOW NDIS data are inaccurate.
Game trails on the southerly facing slopes on the Property are widespread, tracks
and scat are abundant, and preferred forage shrubs were moderately to heavily
browsed (Photo 4). This activity, however, diminishes greatly below (southeast) of
the ditch where the slope flattens and snow accumulates quickly in winter thus
diminishing its availability to provide forage to mule deer and elk. Although it CDOW
correctly mapped the elk severe winter range and winter concentration above the
ditch, these wintering areas area extend all the way across West Sopris Creek for
mule deer. This is clearly incorrect particularly when one considers that elk are far
more tolerant of deeper snow than mule deer (as discussed above). As such, Map 4
more accurately depicts the field verified severe winter range and winter
concentration boundaries for mule deer. These conclusions were presented to John
Groves, CDOW and he concurred via email on t9 May zoo8 (J. Groves, CDOW, pers.
comm.)
There is no Rocky Mountain bighorn sheep (Ovis canadensis) habitat on or adjacent to
the Property.
5.3 Raptors
No raptor nests were found on the Property during the preliminary site assessment.
5.5 Black Bears
The Property lies within high quality black bear (Ursus americanus) habitat and bears are
common on and around the Property particularly in the fall.
5.6 Riparian Areas & Wetlands
The proposed activity envelope will not affect any riparian azeas or wetlands.
6.0 CONCLUSIONS
The site assessment, field observations, telemetry data, and GIS analysis revealed the
following:
r. Some of the CDOW NDIS data pertaining to the Property are relatively
accurate given the scale at which they were created while some is inaccurate.
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a. Mule deer severe winter range and winter concentration area is more
accurately shown in Map 4. The field verified mapping supersedes the
NDIS data.
i. CDOW concurs with the field verification depicted in Map 4.
b. The CDOW mapping for elk severe winter range and winter
concentration is relatively accurate given the scale at which it was
created.
z. §~-zo-~o(d)(6) establishes minimum i/a mile buffers between any building or
structure and severe winter range, and/or winter concentration areas. Given
that the Nystrom Tracts are fully developed and that the properties
immediately adjacent to the Property on the east and west are developed with
single family homes above (north) the ditch, it is unlikely that development of
a single family home will increase impacts or reduce the effectiveness of the
mule deer and elk habitat on the Property.
3. The Property lies within outstanding black bear habitat and bears are
common.
4. No Threatened, Endangered, or Candidate species will be affected by
residential and infrastructure development of the Property.
5. No riparian habitat or wetlands will be directly affected by the proposed
development.
7.0 POTENTIAL EFFECTS OF THE PROPOSED PROJECT
Given the above assessment, it is unlikely that the proposed development will
significantly affect important wildlife habitat. Although the proposed development
will result in the direct loss of some mule deer and elk winter range it is likely that
these species have already adapted their movement patterns and temporal behavior
in response to the neighboring homes that have been occupied since 1993 (east) and
2oor (west). No legally protected, sensitive, or economically important wildlife
species will be affected by the project as proposed.
S.O RECOMMENDATIONS
i. Dog restrictions (does not apply to working ranch dogs):
a. Dogs should be restricted to a fenced enclosure (i.e., kennel) within the
activity envelope.
b. Dogs should be leashed at all times when outside of the activity
envelope.
c. Dogs of guests should be required to comply with these restrictions.
d. Contractors should be prohibited from bringing their dogs on site
during construction even if kept within their vehicles.
2. Outdoor construction should be limited to the period between April lsc
through November 3151 to reduce potential impacts to wintering mule deer
and elk.
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3. The narrowleaf cottonwoods on the north side of the activity envelope should
be maintained as a visual buffer between the center of human activity and the
wildlife habitat to the northwest. Cottonwoods lost to disease, age, or wind
should be replaced within one growing season.
4. Black Bears:
a. All refuse containers should meet or exceed the Wildlife Proof Refuse
Container/Dumpster Enclosure Standards described in Pitkin County
Ordinance # oto-zoos and the zoo4 amendment to that ordinance.
b. Fruit-bearing trees and shrubs should be avoided in any landscaping
within the residential lots.
c. Pets should not be fed outside.
d. Wherever possible, lever style door handles should be avoided on the
exterior of the house.
e. Bird feeders should be avoided from April through November.
f. Composting should be restricted to yard waste (e.g., leaves and grass
clippings). Food waste will be prohibited within compost.
5. The following fence restrictions would reduce the ecological impacts of
development and will be appreciated by the County and CDOW:
a. Fences on the Property should be kept to a minimum.
b. Any fences deemed necessary should meet or exceed Pitkin County
and CDOW wildlife standards:
i. Wood rail fencing should employ three (3) rails or less, be the
round or split rail type, should not exceed fifty-four (g4) inches in
height above ground level, and twelve (tz) inches in width (top
view), and should have at least eighteen (i8) inches between the
lower two (2) rails.
ii. Wire fencing must be three (3) strands or less. The top wire should
be atwelve-point-five (izs) 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 (iz)
inches apart and from the top wire preventing entanglement when
mule deer jump over. The bottom strand should be sixteen (i6)
inches from the ground to facilitate movement of fawns and elk
calves as well as other wildlife.
6. Native vegetation:
a. Native vegetation should be preserved to the maximum extent possible
outside of the activity envelope except where management is necessary
to reduce wildfire hazards.
b. Landscaping should be restricted to the activity envelope.
c. An orange safety fence should be placed around the activity envelope
during construction to prevent any unnecessary vegetation
disturbance during construction.
d. Vegetation disturbed outside the approved activity envelope should be
revegetated according to the current Pitkin County Revegetah'on
Guidelines.
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e. Following construction, naturally occurring vegetation should not be
disturbed outside of the activity envelope except as necessary for
normal agricultural and ranching activities.
~. Noxious weeds should be managed by means of an Integrated Weed
Management strategy according to the current Pitkin County Weed
Management Plan.
8. Residents should be provided with educational material pertaining to local
wildlife (e.g., CDOW brochures entitled "Living with Wildlife in Bear Country"
and "Developing with Wildlife in Mind").
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9.0 QUALIFICATIONS OF THE PREPARER
Colorado Wildlife Science, LLC is a small ecological consulting firm based in Basalt,
Colorado specializing in wildlife and ecological assessments, baseline inventories,
ecological planning, wildlife research and monitoring, habitat management, wetlands and
riparian evaluation, and ecological restoration.
Owner and Principal Ecologist Jonathan Lowsky, M.S. Wildlife Biology, Colorado State
University, has a broad range of knowledge. With more than 15 years of professional
experience with federal, state, and county agencies as well as two major universities
Jonathan's career has focused on a diverse array of wildlife from bighorn sheep, elk, and
songbirds to northern goshawks, flying squirrels and spotted bats. Mr. Lowsky's
experience includes biological assessments and evaluations for NEPA compliance,
conservation planning, GIS Mapping and modeling, wildlife research, and ecological
monitoring design and implementation, aswell as wetland and riparian delineations,
evaluations, and restoration. He has authored numerous management plans and
conservation easement baseline inventory reports and published scientific papers. An
expert birder, certified wetlands delineator, and passionate observer of wildlife, Jonathan
has spent countless hours studying and appreciating Colorado's diverse ecological
communities.
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10.0 LITERATURE CITED
Bailey, R. G. 1995. Description of the ecoregions of the United States. U.S. Dept. of Agriculture,
Forest Service, Washington, DC.
Bailey, R. G., United States Forest Service, and U.S. Fish and Wildlife Service 1976. Ecoregions of
the United States. U.S. Forest Service, [Washington].
Bailey, R. G., United States Geological Survey, and United States Forest Service. 1998. Ecoregions
of North America. U.S. Dept. of Agriculture, Forest Service, Washington, D.C.
Caro, T. M., and G. O'Doherty. r999.On the Use of Surrogate Species in Conservation Biology.
> 3:805.
CDOW. zooba. Colorado Species Distribution Maps Metadata -Mule Deer. Available online at
htto://ndis.nrel.colostate edu/ftp data/sam/meta/mule deer html. Natural Diversity
Information Source, Colorado Division of Wildlife, Fort Collins, CO.
CDOW. zoo6b. Colorado Species Distribution Maps Metatdata -Elk. Available online at
htto://ndis.nrel.colostate.edu/fto/data/sam/meta/elk html. Natural Diversity
Information Source, Colorado Division of Wildlife, Fort Collins, CO.
CDOW. zoo8a. Colorado Species Distribution Digital Data. Available online at
httn://ndis.nrel.colostate edu(. Natural Diversity Information Source, Colorado Division
of Wildlife, Fort Collins, CO.
CDOW. zoo8b. Colorado Species Distribution Maps -Bald Eagle. Available online at
htto://ndis nrel colostate edu/ftp/data/sam ald eagle zig. Natural Diversity
Information Source, Colorado Division of Wildlife, Fort Collins, CO.
Kelsall, J. P., and W. Prescott. i97t. Moose and deer behaviour in snow in Fundy National Park,
New Brunswick. Canandian Wildlife Service Report >5.
Lambeck, R. J. 1997. Focal Species: AMulti-Species Umbrella for Nature Conservation.
Conservation Biology u:849•
Loveless, C. M, r967• Ecological characteristics of Mule Deer winter range. Technical Publication
zo. Colorado Department of Game, Fish and Parks.
Omernik, J. M. 1987. Ecoregions of the conterminous United States. Map (scale t:7soo,ooo).
Annals of the Association of American Geographers ~p7:n8-izs.
Panjabi, S. S., and D. G. Anderson. 2006. Penstemon harringtonii Penland (Harrington's
beardtongue): a technical conservation assessment [Online]. USDA Forest Service, Rocky
Mountain Region. Available:
htto://www.fs.fed us/r2/proiects/scu/assessments/uenstemonharrinetonii odf Fort
Collins, CO.
Parker, K. L., Charles T. Robbins, and Thomas A. Hanley. 1984. Energy expenditures for
locomotion by mule deer and ells. Journal of Wildlife Management 48474-485•
Pitkin County. zoo6. Pitkin County Code (July zoob). TStle 8, Chapter 7, Section 7-zo-7o. Pitkin
County, Aspen, Colorado.
Roberge, J. M., and P. Angelstam, zooq. Usefulness of the Umbrella Species Concept as a
Conservation Tool. Conservation Biology 18:76-85.
Toweill, D. E., J. W. Thomas, and D. P. Metz zooz. North American elk: ecology and
management. Smithsonian Institution Press, Washington [D.C.].
Ungulate Winter Range Technical Advisory Team. zoos. Desired conditions for Mule Deer, Elk,
and Moose winter range in the Southern Interior of British Columbia. B.C. Ministry of
Water, Land and Air Protection, Biodiversity Branch. Victoria, BC. Wildl. Bull. No. B-i2o.
i8pp.
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ECOLOGICAL ASSESSMENT OF RESIDENTIAL
DEVELOPMENT FOR COUNTY ACTIVITY
ENVELOPE & SITE PLAN REVIEW
MAPS
W SOPRIS CREEK LLC
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000049
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Ecological Assessment Mav 19 2008
ECOLOGICAL ASSESSMENT OF RESIDENTIAL
DEVELOPMENT FOR COUNTY ACTIVITY ENVELOPE
& SITE PLAN REVIEW
PHOTOS
W SOPRIS CREEK LLC
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W Sopris Creek, LLC
Ecological Assessment Mav 79 2008
ECOLOGICAL ASSESSMENT
APPENDICES
W SOPRIS CREEK, LLC
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APPENDIX A: CDOW NDIS ungulate seasonal activity area definitions (CDOW 2006b, 2006a)
ROCKY MOUNTAIN ELK
HIGHWAY CROSSING: Those areas where elk movements traditionally cross roads, presenting potential conflicts between
elk and motorists.
MIGRATION CORRIDORS. A specific Mappable site through which large numbers of animals migrate and loss of which
would change migration routes.
OVERALL RANGE: The area which encompasses all known seasonal activity areas within the observed range of an elk
population.
PRODUCTION AREA: That part of the overall range of elk occupied by the females from May 15 to June 15 for calving.
(Only known areas are Mapped and this does not include all production areas for the DAU).
RESIDENT POPULATION: An area used year-round by a population of elk. Individuals could be found in any part of the
area at any time of the year; the area cannot be subdivided into seasonal ranges. It is most likely included within the overall
range of the larger population.
SEVERE WINTER: That part of the range of a species where 90 percent of the individuals are located when the annual
snowpack is at its maximum and/or temperatures are at a minimum in the two worst winters out of ten. The winter of 1983-
84 is a good example of a severe winter
SUMMER CONCENTRATION: Those areas where elk concentrate from mid-June through mid-August. High quality forage,
security, and lack of disturbance are characteristics of these areas to meet the high energy demands of lactation, calf
rearing, antler growth, and general preparation for the rigors of fall and winter
SUMMER RANGE. That part of the range of a species where 90% of the individuals are located between spring green-up
and the frst heavy snowfall, or during a site specific period of summer as defined for each DAU. Summer range is not
necessarily exclusive of winter range; in some areas winter range and summer range may overlap.
WINTER CONCENTRATION: That part of the winter range of a species where densities are at least 200% greater than the
surrounding winter range density during the same period used to define winter range in the average Bve winters out often.
WINTER RANGE: That part of the overall range of a species where 90 percent of the individuals are located during the
average fve winters out of ten from the first heavy snowfall to spring green-up, or during a site spec"rfic period of winter as
defined for each DAU.
MULE DEER
CONCENTRATION AREA: That part of the overall range where higher quality habitat supports significantly higher densities
than surrounding areas. These areas are typically occupied year round and are not necessarily associated with a specific
season. Includes rough break country, riparian areas, small drainages, and large areas of irrigated cropland.
HIGHWAY CROSSING: Those areas where mule deer movements traditionally cross roads, presenting potential conflicts
between mule deer and motorists.
MIGRATION CORRIDORS: A specific Mappable site through which large numbers of animals migrate and loss of which
would change migration routes.
OVERALL RANGE. The area which encompasses all known seasonal activity areas within the observed range of a mule
deer population.
RESIDENT POPULATION: An area that provides year-round range for a population of mule deer. The resident mule deer
use all of the area all year; it cannot be subdivided into seasonal ranges although it may be included within the overall range
of the larger population.
SEVERE WINTER: That part of the overall range where 90% of the individuals are located when the annual snowpack is at
its maximum and/or temperatures are at a minimum in the two worst winters out often.
SUMMER RANGE. That part of the overall range where 90% of the individuals are located between spring green-up and the
first heavy snowfall. Summer range is not necessarily exclusive of winter range; in some areas winter range and summer
range may overlap.
WINTER CONCENTRATION: That part of the winter range where densities are at least 200% greater than the surrounding
winter range density during the same period used to define winter range in the average five winters out of ten.
WINTER RANGE: That part of the overall range where 90 percent of the individuals are located during the average five
winters out of ten from the first heavy snowfall to spring green-up, or during a site specific period of winter as defined for
each DAU.
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EXHIBIT
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ADJACENT PROPERTY OWNERS
STITT MARY R
3032 MEDLIN DR
RALEIGH, NC 27607
LOESCHEN LEE
0601 W SOPRIS CREEK
BASALT, CO 81621
ELY JOHN
616 W SOPRIS CREEK RD
BASALT, CO 81621
HIDDEN CREEK RANCH LLC
C/O ERIN FERNANDEZ
616 W SOPRIS CREEK RD
BASALT, CO 81621
LOESCHEN LINDA A
LOESCHEN LEE A
0601 W SOPRIS CREEK RD
BASALT, CO 81621
CROWN MOUNTAIN RANCH LLC
132 W MAIN ST #A
ASPEN, CO 81611
000056
PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF DEVELOPMENT APPLICATION FEES
PITKN COUNTY (hereinafter COUNTY) and W. Souris Creek LLC (hereinafter APPLICANT')
AGREE AS FOLLOWS:
I . APPLICANT has submitted to COUNTY an application to establish an Activity Envelope
for asingle-family residence and a detached CDU on the property located at 621 W. Sopris Creek
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 058-2001
establishes a fee structure for Planning applications and the payment of all processing fees is a condition
precedent to a determination of application completeness.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT and COUNTY further agree that it is in the interest of the parties for
APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to
APPLICANT. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make
additional payments upon notification by the COUNTY when they are necessary as costs aze incurred.
COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process
APPLICANT's application.
4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to
complete processing or present sufficient information to the Planning Commission and/or Board of
County Commissioners to enable the Planning Commission and/or Board of County Commissioners to
make legally required findings for project approval, unless current billings aze paid in full prior to
decision.
5. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right
to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial
deposit in the amount of $4.000* which is for 13 hours of staff time, and if actual recorded costs exceed
the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the
COUNTY for the processing of the application mentioned above, including post approval review. Such
periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that
failure to pay such accrued costs shall be grounds for suspension of processing.
PITHIN COUNTY APPLICANT:
Cindy Houben
Community Development Director
W. Sopris Creek LLC
(Tiffany rnemann)
~~
Sin e ~
Date:
Mailing Address: W. Souris Creek LLC _
c% Tiffanv Ernemann
0363 Souris Creek Road
Basalt. CO 81621
*:$3,243 = Plam~ing Flat Fee; $499=Planning Engineer; $179=Housing Fee ; $54 =Public Notice
Fee; $25 Clerk Technology Fee
PID# 2465-231-01-004
000057
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on October 2, 2008, the Pitkin
County Community Development Director granted approval for the Approving the W.
Sopris Creek LLC Activity Envelope and Caretaker Dwelling Unit (Case P083-08; Deter.
#98-2008). The property is located at 0621 West Sopris Creek Road and is legally
described as a parcel of land lying wholly within Tract 72 in Sections 14 and 23,
Township 8 South, Range 87 west of the 6`h P.M. The State Parcel Identification Number
for the property is 2465-231-01-004. The State Parcel Identification Number for the
property is 2643-162-00-010. This site-specific development plan grants a vested property
right pursuant to Title 24, Article 68, Colorado Revised Statutes.
S/Cindy Houben
Community Development Director
Pitkin County, Colorado
Published in the Aspen Times Weekly, on October 19, 2008.
PUBLIC NOTICE
RE: W. Sopris Creek LLC Activity Envelope and Caretaker Dwelling Unit (Case P083-
08)
NOTICE IS HEREBY GIVEN that an application has been submitted by W. Sopris
Creek LLC (0363 Sopris Creek Road, Basalt, CO 81621) to establish an Activity
Envelope to construct a single family residence and caretaker dwelling unit. The
property is located at 0621 West Sopris Creek Road and is legally described as a pazcel of
land lying wholly within Tract 72 in Sections 14 and 23, Township 8 South, Range 87
west of the 6s' P.M. The State Parcel Identification Number for the property is 2465-231-
01-004. The application is available for public inspection in the Pitkin County
Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611.
For further information, contact Suzanne Wolff at (970) 920-5093.
Published in the Aspen Times Weekly on July 20, 2008.
Attention Adjacent Property Owners
A property owner receiving this public notice shall provide comments or objections to the
Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611,
By August 22, 2008. If any objections to the development application are received the
Community Development Department shall continue the application to a public hearing
before the Hearing Officer.
PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
July I, 2008
Mitch Haas
201 N. Mill St. Suite #108
Aspen, CO 81611
mhaas@sopris.net
Re: W. Sopris Creek LLC Activity Envelope and Cazetaker Dwelling Unit
(PID7t2465-231-01-004; Case# P082-08)
Dear Mr. Newland:
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 cerliSed 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 20, 2008. The
names and addresses shall be those on the current tax records of Pitkin County as they appeazed no
more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing
and a photograph of the posted sign as proof of compliance with the Code. A property owner
receiving the public notice shall provide comments or objections to the Community Development by (30
days out) 22nd 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 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 Suzanne Wolff, the planner assigned to your case, at 920-5093.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit Code Section 2-20-100 & 2-40-20
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Emma Caucus
Pitkin County Housing
Colorado Division of Wildlife
Basalt Rural Fire District
Pitkin County Engineer
FROM: Mike Kraemer, Community Development Department
Re: W. Sopris Creek LLC Activity Envelope and Caretaker Dwelling Unit
(PID 2465-231-O1-004; Case P083-08)
DATE: July 1, 2008
Attached for your review and comments are materials for an application submitted by W.
Sopris Creek LLC. The 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 IF YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
PITKIN C~NTY COMMUNITY DEVELO~IENT
Permit Receipt
RECEIPT NUMBER 00026219
Name: Tiffany Ernemann Date:6/25/2008
Project Address: 621 W SOPRIS CREEK RD
Type: check # 2480
Permit Number Fee Description Amount
0083.2008.PLAN PP- Flat Fee 3,243.00
0083.2008.PLAN PP-Clerk Tech Fee 25.00
0083.2008.PLAN PP- Public Notice Fee 54.00
0083.2008.PLAN PP- Planning Eng Referral Fee 499.00
0083.2008.PLAN PP- Housing Referral Fee 179.00
Total: 4,000 00