HomeMy WebLinkAboutpitkin.planning.264322110004 (3)AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meeting -October 8, 2008
THRU: Cindy Houben, Community Development Director
FROM: Suzanne Wolff, Senior Planner
RE: Allocation of Allotments for 2008 Rural Area GMQS Competition for Additional Floor
Area (2"d Competition)
SUMMARY: Section 2-30-40 of the Land Use Code ("Code") states, "Upon receipt of the Planning and
Zoning Commission Resolution forwarding their ranking and final scores, the Boazd of County
Commissioners may by resolution, allocate development allotments to the eligible applicant...." This
provision also provides that a majority of the BOCC may vote to restore an application.
The Planning and Zoning Commission's scores for the following application for the 2008 Rural Area
GMQS competition for additional floor area were forwarded to the BOCC on September 24, 2008:
• Swalm: requesting an additional 8,984 square feet of floor area.
The Planning and Zoning Commission scored the application at a public hearing on September 16, 2008,
and gave the Swalm application a score of 20.8 points. The Swalm application exceeded the minimum
threshold score, and is, therefore, eligible for an allotment.
RECOMMENDATION: Staff and the Planning Commission recommend that the Board adopt a motion
to allocate 8,984 square feet of floor area in the 2008 Rural Area GMQS competition for additional floor
area to the Swalm application.
~3
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITICIN COUNTY,
COLORADO, ALLOCATING 2008 RURAL AREA GMQS ALLOTMENTS FOR ADDITIONAL
FLOOR AREA
Resolution No. -2008
RECITALS
I. On September 16, 2008, the Planning and Zoning Commission ("Commission") held a duly noticed
public heazing, at which time evidence and testimony were presented with respect to Rural Area Growth
Management applications.
2. The Commission reviewed the following application for the 2008 Rural Area GMQS competition for
additional floor area:
• Swalm (Case P085-O8): Lisa Marie Swalm 1972 Trust requested 8,984 square feet of additional
floor area for asingle-family residence located at Tract 4, White Star Ranches.
3. The Commission scored the applications as follows:
• Swalm: 20.8 points.
4. The Swalm application met the minimum threshold score of 20 points as required to be eligible for an
allotment.
5. Pursuant to Section 2-30-40 of the Code, the Commission's scores were forwarded by Resolution to
the Board of County Commissioners ("BOCC") on September 24, 2008.
NOW, THEREFORE BE IT RESOLVED by the BOCC [hat it does hereby allocate a total of
8,984 square feet of floor area to the Swalm property.
1. This allocation is conditioned upon recordation of a covenant documenting the representations made in
the application for the additional square footage. This covenant shall be reviewed and approved by the
Community Development Departrnent and recorded against the property, prior to issuance of a building
permit to utilize the awarded floor area.
2. 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 the Pitkin County Land
Use Code § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire
on October 8, 2011.
~2
Resolution No. -2007
Page 2
APPROVED AND ADOPTED ON THE 8'" day of October, 2008.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN
TIMES WEEKLY ON
ATTEST:
Jeanette Jones
Clerk to the BOCC
APPROVED AS TO FORM:
John Ely,
County Attorney
P085-08
2643221]0004
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY. COLORADO
By
Jack Hatfield, Chairman
APPROVED AS TO CONTENT:
y~~ CA n„- ~ ~Yt~./Y ~ ~l l1
Cindy Houben,
Community Development Director
13
AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meeting -September 24, 2008
k~~~
THRU: Cindy Houben, Community Development Director
FROM: Suzanne Wolff, Senior Planner
RE: Forwarding Planning Commission Score for the 2008 Rural Area GMQS Competition for
Additional Floor Area
SUMMARY: The attached resolution of the Planning and Zoning Commission forwards the Rural Area
GMQS score for the competition for additional floor area. The following development application was
submitted for the second 2008 competition (no applications were submitted for the first 2008
competition):
• Swalm: requesting an additional 8,984 square feet of floor area.
The Commission scored the application as follows:
• Swalm: 20.8 points
The application met the minimum threshold score of 20 points.
In summary, the Commission recommends allocation of a total of 8,984 square feet of floor area for the
Swalm application, which is less than the amount available (25,000 square feet).
Pursuant to Section 2-40-40, any appeals of the scoring must be filed in writing within 15 days of the
Commission's public hearing. Staff has forwarded the scores within the appeal period. A majority of at
least a quorum of the BOCC may vote to restore an application. Once the 15 day appeal period has
expired, the BOCC shall by resolution allocate the allotments.
RECOMMENDATION: No action is required at this time.
I o~ 3
RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITHIN COUNTY,
COLORADO, FORWARDING THE 2008 RURAL AREA RESIDENTIAL GROWTH
MANAGEMENT QUOTA SYSTEM SCORES FOR ADDITIONAL FLOOR AREA TO THE
BOARD OF COUNTY COMMISSIONERS
Resolution No. PZ- -2008
RECITALS
On September 16, 2008, the Planning and Zoning Commission ("Commission") held a duly noticed
public hearing at which time evidence and testimony were presented with respect to Growth
Management applications.
The Commission reviewed the following application for the 2008 Rural Area Residential GMQS
competition for additional floor area:
• Swalm (Case P085-08): Lisa Marie Swalm 1972 Trust requested 8,984 square feet of additional
floor area for asingle-family residence located at Tract 4, White Star Ranches.
There are 25,000 square feet of floor area available in the Rural Area.
4. The Commission gave the Swalm application a score of 20.8 points.
The Swalm parcel score met the threshold requirement of 20 points, and, therefore, the Applicant
is eligible for the requested additional floor area.
6. The Commission further finds that the commitments made for the Swalm application are
proportional to the request and do not set a precedent for future applications.
NOW, THEREFORE BE IT RESOLVED by the Commission that it hereby forwards the 2008
Rural Area GMQS scores for additional floor area to the Board of County Commissioners, and recommends
that the BOCC grant the requested additional floor area to the Swalm parcel.
APPROVED ON THE 16`s day of September, 2008.
Z
Resolution No. PZ- -2008
Page 2
PLANNING AND ZONING COMMISSION
OF PITKIN COUNTY, COLORADO
ATTEST:
Bonnie Waechtler, Administrative Assistant
APPROVED AS TO FORM:
John Ely, County Attorney
P085-08
264322110004
Paul Rudnick, Chairman
Date
APPROVED AS TO CONTENT:
~r.~ C~,~ ~,~~
Cindy Houben, Community Development. Director
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MEMORANDUM
TO: Pitkin County Planning and Zoning Commission
FROM: Suzanne Wolff, Senior Planner
RE: Lisa Marie Swalm 1972 Trust Rural Area GMQS Application for Additional Floor Area
DATE: September 16, 2008
SUMMARY OF REQUEST: The Applicant is requesting 8,984 squaze feet of additional floor area in
excess of the 5,750 square foot exemption available to the pazcel, providing the ability to build up to 15,000
square feet of floor area.
Staff agrees with the Applicant that there are no "constrained areas" on the lot and that the proposed
development will not create any impacts on constrained areas, and, therefore, that the Applicant is exempt
from Activity Envelope Review, pursuant to Sec. 7-10-30 of the Code. Site Plan Review will still be
required.
APPLICANT: Lisa Marie Swalm 1972 Trust
REPRESENTATIVE: Grafton Smith
LOCATION: 0143 Red Oak Lane; Tract 4, White Star Ranches Subdivision/PUD
ZONING/LOT SIZE: The lot is zoned RS-20 and contains 20.74 acres.
PROCEDURE/PROCESS: Scoring of the Growth Management application is conducted by the
Planning and Zoning Commission. The Planning Commission forwards, by resolution, the ranking of the
development applications. Upon receipt of the Planning Commission resolution forwarding the scores or
subsequent to the conclusion of all appeal hearings, the BOCC by resolution allocates development
allotments to the eligible applicants.
EXISTING CONDITIONS/BACKGROUND: The BOCC approved the White Star Ranches
Subdivision/PUD pursuant to Resolution No. 80-84. The existing residence was built in 1988. There are
two accessory buildings on the property - a storage shed/barn and a small nonhabitable cabin. The
BOCC granted approval fora 700 square foot caretaker dwelling unit, pursuant to Resolution No. 98-21;
the unit was never constructed. The property is bordered on the north by the Salvation Ditch.
The Applicant applied for a growth management allotment for additional floor area in 2007; the
application did not meet threshold, so the BOCC denied the allotment pursuant to Resolution No. 110-
2007.
REFERRAL COMMENTS: Comments from the Woody Creek Caucus are attached for reference.
oooooz Q-I' ~°~
STAFF COMMENTS:
RURAL AREA GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) ALLOTMENTS FOR ADDITIONAL
FLOOR AREA (SECTION 6-10):
An annual ceiling of 25,000 square feet of floor area is available in the Rural Area for existing or approved
development to obtain additional floor area. The Applicant is requesting an additional 8,984 square feet of
floor area in order to develop up to 15,000 square feet of floor area on the parcel.
The Code requires that the award of any development allotment consider the applicable comprehensive
plan; the proposed additional floor area is not inconsistent with the Woody Creek Master Plan.
Competition for additional floor area was not contemplated at the time of adoption of the 1991 Plan, but
at that time this lot was eligible for up to ] 5,000 square feet of floor area by right. The Woody Creek
Caucus has no objections to the request. In addition, the Applicant correctly notes that the Code
establishes the White Star Ranches lots as TDR receiver sites that do not require special review approval;
therefore, the lot could, by right, utilize TDRs for additional floor area up to 15,000 square feet.
Staff's recommended scoring for this project is attached. Please note that a development must receive a
minimum score of 20 points. Staff has recommended a score of 23 points for this application, which
exceeds the minimum score required.
Note that the Applicant has agreed to fund certain of the commitments made - $30,000 to the AFPD,
$35,000 to the County for a street sweeper, and $30,000 to the DOW -immediately upon the success of the
GMQS application. An Applicant is generally not required to act upon commitments made until a building
permit is issued (or thereafter). However, the Applicant acknowledges that the funding for these projects is
needed now, and has committed to the recipients to provide the funds once the allocation is granted (letter
attached).
RECOMMENDATION: Staff recommends that the Planning Commission approve the request for a
growth management allotment for 8,984 square feet of floor area, since the application exceeds threshold.
ATTACHMENTS:
A. Staff s recommended scoring
B. Woody Creek Caucus
C. Paul Noto letter dated 8/19/08
D. Grafton Smith letter scanned 7/18/08
Application provided separately
DUOOa?
ATTACHMENT A
RURAL AREA RESHDENTIAL GROWTH MANAGEMENT COMPETITION FOR
ADDITIONAL FLOOR AREA
STAFF'S RECOMMENDED SCORING
NAME OF PROJECT: LISA MARIE SWALM 1972 TRUST DATE: 9/16/08
6-10-10: STANDARDS FOR SCORING APPLICATIONS FOR RESIDENTIAL
ALLOTMENTS
The Planning and Zoning Commission shall consider each application with respect to the
standards described below, and shall assign points according to the following schedules:
(a) m acts on Public and Private Facilities
(1) Considering whether an applicant has provided a commitment to install those public and
private facilities that are necessary to serve the development and also to install facilities that
may be of benefit to the surrounding neighborhood. Points shall be awarded according to
the following schedule:
(a) Zero (0) means the proposed facilities do not comply with the County's adopted
standards or do not meet the needs of the project.
(b) One (1) means the proposed facilities comply with the County's adopted standards and
provide for the needs of the project, but do not improve services to the surrounding
neighborhood.
(c) Two (2) means the proposed facilities comply with the County's adopted standards,
provide for the needs of the project, and help to solve a problem or resolve a constraint
with existing facilities, or otherwise are of benefit to the surrounding neighborhood.
Any such improvements proposed must also be consistent with adopted County plans
addressing such facilities and must be determined to be necessary and appropriate by
the referral agency charged with utilizing the facility or providing the related service.
(2) The categories in which points shall be awarded are as follows:
(a) Fire Protection
1. Capability of the appropriate fire protection district to provide fire protection
according to its established response standards, including whether appropriate
access has been provided to the development site, with necessary vehicle turnouts
and turn-around pads;
2. Adequacy of available water pressure and capacity for providing fire-fighting
flows; and
3. Commitment of an applicant to provide or pay for fire protection facilities that may
be necessitated by the project or that may improve fire protection capabilities in
the neighborhood, including but not limited to fire hydrants, water storage tanks or
ponds, and fire fighting vehicles or equipment.
Maximum Score 2 Score: 2 x 1= 2
JODU33
COMMENT: The Applicant commits to comply with the reouirements of the Aspen Fire Protection
District In order to improve firefighting capabilities in the area the Applicant further commits (a)
and/or to purchase new multi-channel communication radios Ed Van Walraven with the AFPD
acknowledges the value of the proposed donation to equip the Brush Truck which will provide quick
response to wildfires where traditional equipment might not have access and to utilize any excess
funds to acouire communication radios that help to coordinate fire fighting efforts (letter included in
applicationl. In addition. Mr Van Walraven acknowledges that the dry hydrant will provide an
additional emergency water supply for the neighborhood Staff recommends a score of 2 as the
Applicant has made commitments that will benefit the surrounding neighborhood and the
proposed improvements have been determined by the AFPD to be necessary and appropriate to
provide an improved level of service to this area.
(b) Road System
1. Capability of the public road network to provide for the needs of the proposed
development within acceptable levels of safety, as defined in the Pitkin County
Asset Management Plan; and
2. Applicant's commitment to provide or pay for necessary road system
improvements attributable to the proposed development or to improve road
capacity or safety in the neighborhood.
Maximum Score 2 Score: 2 x 1= 2
COMMENT: No road system improvements are necessitated by the redevelopment of the
property. To increase the safety of the road system in the surrounding area the Applicant 163v~ o D ~,
commits to donate $35 000 to the County towards the purchase of a street sweener Temple fi4! ,~_
Glassier, Depuri Director of Public Works Asset Division for the County acknowledges that the
County has immediate plans to acquire a street sweener which will allow the County to be more
effective in controllin lg Dose gravel on the county roads (letter included in application) She
notes that it will be particularly valuable to maintain and ensure safety for vehicular traffic and
bicyclists on McLain Flats Road She adds the Elam Gravel Pit is accessed off of McLain Flats
Road, which exacerbates the issue of gravel on the road She also adds that the swee er helps the
Counri to facilitate our efforts to control PM 10 Staff recommends a score of 2 as the Applicant
has made commitments that will benefit the surrounding area and the proposed street sweeper has
been determined by the Counri to be necessary and appropriate to provide an improved level of
service to this azea.
(c) Transit and Trail Systems
1. Whether the proposed development site is located in proximity to existing transit
routes and trail systems and whether appropriate on-site connections are made to
these routes and trails;
2. Capability of the transit system to accommodate the proposed development
without the need for additional equipment or route shifts;
3. Commitment of the applicant to finance or provide capital improvements (such as
a bus, bus shelter, or trail connection) that enhance the ability of the transit or trail
system to serve the proposed development, or to provide an easement for a trail
~O0[~1~i 2
that has been identified in the Pitkin County Comprehensive Plan; and/or an
easement for a trail that has generally been identified as a public access need.
Maximum Score 2 Score: 2 x 1= 2
COMMENT: The redevelopment of the residence will not increase demands on the transiUtrail
systems. The Anplicant commits to donate $58 000 to RFTA to finance capital improvements
such as buses or enhancements to the bus shelter at W/J The Anplicant notes that $58 000 is the
approximate cost of the type of shuttle bus that is used on the Woody Creek route and that the
W/J shuttle stop is less than 1,800 feet downhill from the entrance to White Star Ranches Dan
Blankenship with RFTA acknowledves that the donation "will rg edify help us to improve the
quality of RFTA's service to the West McLain Flats and Woody Creek Area" (letter included in
application) Staff recommends a score oft as the Anplicant has made a commitment that will
benefit the surroundin¢ area, and that has been determined by RFTA to be necessar,
appropriate to provide an improved level of service to this area
Impacts on Public and Private Facilities Subtotal: 6
(b) ffect on the Environment
(1) Considering the environmental impacts of the proposed development and whether the
applicant commits to actions that will have a positive effect on the natural environment in
Pitkin County, thereby achieving an overall benefit for the community. Points shall be
awarded according to the following schedule:
(aJ Zero (0) means the proposed development does not comply with the applicable adopted
County environmental standards.
(b) One (1) means the proposed development complies with (but does not exceed) the
applicable adopted County environmental standards.
(c) Two (2) means the proposed development exceeds the applicable adopted County
environmental standards, or the proposed development complies with the applicable
adopted County environmental standards and helps to solve an existing environmental
problem. To receive a score of 2 in any category, an applicant shall exceed an adopted
standard or solve an existing problem as expressed in at least one of the standards in
that category, but need not do so in all of the standards of that category.
(2) The categories in which points shall be awarded are as follows:
(a) Water Resources
Considering the overall impacts of the development on local and regional water
resources, including:
1. The extent to which the proposed development of the property will comply with or
will exceed (by more than fifty (50) percent) the minimum stream setbacks and
riparian and wetland buffers established in Table 5-1 and Sec. 7-20-80 of this Land
Use Code.
2. Whether an applicant commits to the dedication of water rights to an appropriate
public agency or other actions that will contribute to the protection of minimum
stream flows and address a documented need in Pitkin County.
~~U(~,~ 1
3. Whether an applicant commits to retain irrigation water rights with agricultural or
open space lands that are part of the development.
4. Whether an applicant commits to the implementation of techniques that will
improve the efficiency of existing irrigation systems and commits to dedicate the
remaining water to minimum instream flows, or increases the amount of
agricultural land or protected open space that is able to be irrigated within the
development.
5. Whether an applicant proposes a water augmentation plan that will replace water
that is to be used by the development with augmentation water that re-enters the
stream either (i) upstream of the development, or (ii) at the same point of diversion
employed by the development (that is, bringing "wet water" to the County), or (iii)
downstream of the development, but still upstream of the in-stream depletion areas
in Pitkin County.
Maximum Score 4 Score: 2 x 2= 4
COMMENT: The Applicant commits to contribute $30 000 to the Colorado Water Trust or the
proposed County water fund. if established (on November balloU to fund the purchase of water ri hts
in Pitkin Counri to improve or protect minimum stream flows in the County Paul Noto the
Applicant's water counsel, provides information to demonstrate that the $30 000 donation could be
used to acquire 12.6 - 29.4 acre feet of water (based on a current transaction being negotiated to
purchase senior water rights on the lower Crvstal River -letter attachedl
(n addition, the Applicant commits to record a deed restriction against the property that would bind
certain water rights to the property the Applicant has rights in a natural spring and a manmade
irrigation in pemetuity. These water rights have not previously been bound to the property The
outflow from the water feature runs onto and benefits the White Star Ranch common open space
Staff recommends a score of 2 as the Applicant's commitment to bind the water rights exceeds the
requirements of the Code, and the contribution to improve/protect minimum stream flows in the
Counri helps to solve an existing environmental problem
(b) Wildlife Habdtat Protectioa
Considering the extent to which the proposed development will contribute to the
protection of wildlife habitat in Pitkin County by exceeding the standards of Sec. 7-20-
70. The County has identified the following activity that qualifies as exceeding the
adopted standards:
1. An applicant could commit to a program that would enhance or would restore
native wildlife habitat that has been degraded by human or animal activity (for
example, by creating or restoring wetlands and/or riparian habitat). On-site
enhancement is preferred, but where there are no significant opportunities for on-
site enhancement or restoration, a commitment to enhance or restore other sites in
Pitkin County may be considered.
2. Applicants may also identify other innovative ways in which wildlife habitat can
be protected in Pitkin County that would exceed the County's adopted wildlife
standards.
J~~~~i6
Applicants with no mapped or known wildlife habitat on their entire lot or parcel shall
receive a score of two (2) in this category.
Maximum Score 4 Score: 2 x 2= 4
COMMENT: The property does not contain anLmapped or known wildlife habitat and
therefore, is eligible for a score of 2
The Analicant commits to donate $30 000 to the Colorado Division of Wildlife for the mule deer
and elk winter range habitat improvement project on Light Hill Kevin Wrieht with the DOW
acknowledees that the donation will be utilized to clear an additional 180 acres which is
estimated to cost $57,600
Effect on the Environment Subtotal: 8
(C) chievement of Communi Goals
(1) OPEN SPACE PRESERVATION
(a) Considering the extent to which the proposed development will contribute to the
preservation of open space in Pitkin County. Valued open space that an applicant could
preserve includes:
1. Undeveloped lands that have wildlife, scenic, and other desirable resource values;
2. Agricultural lands, including those that have been historically irrigated, used for
food, grains or other feed production, and those used for dry pasture and
rangeland;
3. Lands, or easements over lands, which provide access to public lands or public
waters; and
4. Other undeveloped lands whose preservation would be consistent with the adopted
Pitkin County Comprehensive Plan.
(b) Points shall be awarded according to the following schedule:
1. Zero (0) means the proposed development does not preserve any of the valued
open space within the property.
2. One (1) means the proposed development preserves some, but not all of the valued
open space within the property.
3. Two (2) means the proposed development preserves all of the valued open space
within the property.
4. If the entire lot or parcel does not contain any valued open space, the applicant
shall receive a score of two (2).
Maximum Score 4 Score: 2 x 2= 4
COMMENT: The Applicant contends that the valued open space (253 acres of common
agricultural lands) on the White Star Ranches was protected in [he subdivision process and that
the lot itself does not contain any valued open space Staff is not aware of any wildlife scenic or
other desvable resource value associated with this area. Staff recommends a score of 2 as the lot
does not contain any valued open space
J00I~ ;t7
(2J HAZARD MITIGATIONAND AVOIDANCE
Considering the extent to which the proposal mitigates the impacts of development or avoids
locating development in floodplain hazard, geologic hazard, or wildfire hazard areas, as
these areas are described in Chapter 7 of this Land Use Code. Points shall be awarded
according to the following schedule:
(a) Zero (0) means the proposed development does not comply with the County's adopted
standards for floodplain, geologic, and. wildfire hazard areas.
(b) One (1) means the proposed development complies with the County's adopted
mitigation standards for development in floodplain, geologic, and wildfire hazard areas,
but includes some development activities on slopes in excess of thirty (30) percent or in
areas subject to severe wildfire hazards.
(c) Two (2) means the proposed development complies with the County's adopted
mitigation standards for development in floodplain, geologic, and wildfire hazard areas
and includes no development activities on slopes in excess of thirty (30) percent or in
areas subject to severe wildfire hazards.
Maximum Score 2 Score: 2 x 1= 2
COMMENT: Staff finds that a score of 2 is appropriate as the develooment avoids hazard areas
(3J DEVELOPMENT BELOW ALLOWABLE DENSITY (ONLYAPPLIES TO
DEVELOPMENTS WITHIN THE R URAL AREA)
Considering the extent to which the development proposed is less than the allowable density
in terms of numbers of dwelling units (not including caretaker dwelling units, employee
dwelling units, or deed restricted affordable dwelling units) permitted in the applicable zone
district. Points shall be awarded according to the following schedule:
(aJ Zero (0) means the applicant proposes development at a density of seventy-six (76)
percent to one hundred (100) percent of the density allowed by the underlying zone
district.
(d) One (1) means the applicant commits to limit development to fifty-one (51) percent) to
seventy-five (75) percent of the density allowed by the underlying zone district.
(c) Two (2) means the applicant commits to limit development to fifty (50) percent or less
of the density allowed by the underlying zone district.
(d) When competing for additional square footage only, an applicant shall receive a score
of one (1) if there is no opportunity to reduce density on a property.
Maximum Score 4 Score: 1 x 2= 2
COMMENT: The A licant is re uestin additional s uare foota a onl and cannot reduce
density thus a score of 1 is appropriate
J€~U~~~s8
(4J REDUCTION OF VISIBLE MASS (ONLYAPPLIES TO DEVELOPMENTS WITHIN
THE R URAL AREA)
Considering the extent to which the development proposed is less than the allowable floor
area allowed on the property by the underlying zone district; utilizes some of its allowed
floor area to develop sub-grade space; or is below the allowable height of the underlying
zone district. Points shall be awarded according to the following schedule:
Final Maximum ~'laar Sub-Grade Floor Area Height
Area (see note 2) (see note 3)
ee note 1
0 Points Final maximum floor area Less than 20% of the Proposed structure(s)
is limited to more than requested floor area limited to less than 15%
75% of that potentially would be built sub-grade. below the maximum
available to the roe allowable hei ht.
1 Point Final maximum floor area At least 20% of the Proposed structure(s)
is limited to no more than requested floor area will limited to at least 15%
75% of that potentially be built sub-grade. below the maximum
available to the roe allowable hei ht.
2 Points Final maximum floor area At least 30% of the Proposed structure(s)
(Note 4) is limited to no more than requested floor area will limited to at least 30%
55% of that potentially be built sub-grade. below the maximum
available to the rope allowable hei ht.
Notes:
1. This calculation is based on the final maximum floor area that is potentially allowed on the
property by the underlying zone district, as specified in Table 5-1.D. See Sec. 5-20-70 for rules
governing measurement of floor area.
2. To qualify as sub-grade, the space must meet the requirements for exempt sub-grade space in
Sec. 5-20-70(f)(1).
3. To receive points in this category, no portion of any proposed structure can measure above
the stated height limit.
4. Applicants may score points in each of the three categories described in this section, up to a
maximum of 6 oints (2 oints in each cafe o ).
Maximum Score 6 Score: 1 x 1= 1
COMMENT: The Applicant commits to construct at least 20% of the requested floor area
{1,797 square feed sub-grade and therefore is eligible for one point
Achievement o1'Community Goals Subtotal: 9
(d) Creative Bonus
The Planning and Zoning Commission may award bonus points to any development application
that meets the overall minimum scoring threshold to obtain an allocation, as specified in Tables 6-
7and 6-8. Bonus points may be awarded to an applicant who proposes creative approaches that
J~~~~~~~
are consistent with the purpose and intent of the scoring categories set forth in Secs. 6-50-20 (a),
(b), and (c), and go beyond the standards established in each of the respective categories. Bonus
points may also be awarded for creative approaches that have not been addressed in any of the
scoring categories set forth in Secs. 6-50-20 (a), (b), and (c), but that are consistent with and help
to implement the Pitkin County Comprehensive Plan. Up to five (5) bonus points may be
awarded as follows:
(1J One (1) bonus point may be awarded for each creative approach an applicant proposes that is
consistent with the purpose and intent of a scoring category set forth in Secs. 6-50-20 (a),
(b), and (c), and goes beyond the standards established in that category.
(2) One (1) bonus point may be awarded for each creative approach an applicant proposes that is
consistent with and helps to implement the Pitkin County Comprehensive Plan.
(3) One (1) bonus point may be awarded to any applicant who proposes to build affordable
housing, rather than pay the Employee Housing Impact Fee required by Section 8-30 of this
Land Use Code. To obtain the bonus point, the proposal to build the housing shall comply
with the County's adopted affordable housing policies and guidelines in terms of its location
and the type of housing proposed.
Maximum Score 5 Score: 0
COMMENT: No points are requested
TOTAL POINTS (with multiplier):
Possible Subtotal Subtotal
Points (without (with
multipliers) multipliers)
A. Impacts on Public and Private Facilities 6 6 6
B. Effect on the Environment g q g
C. Achievement of Community Goals 16 6 9
D. Creative Bonus 5 0 0
TOTAL 35 16 23
Must meet minimum threshold of 20 points (with multipliers) to obtain an allotment (bonus
points are not included in the minimum threshold).
~Q1J~?
~ ~g 29 08 01:43p
^
August 28, 2008
Janet K. Schoeberlein 970-922-7295
- .. _, /
Woody Creek Caucus District Planning Commission
P. O. Box 297
Woody Creek, Colorado 81656
TO: Pitkin County
Community Development Dept.
130 S. Galena St.
Aspen, CO. 81611
Attn: Suzanne Wolff
Re: Lisa Marie Swahn GMQS Competition
The Woody Creek Caucus District Planning Commission has reviewed the subject
application, and has no objections to the request for additional floor azea.
1'he Woody Creek Caucus
District Pl~an~ning Co~m~misesi"on~ /
lu`t' '1 Holstein / "'
p.l
3®r?~' ~'
PATRICK (MILLER ~ KROPF
Attorneys at Law www.waterlaw.com
Kcvin 1.. P:vrick°
Scott C. Millers
Rnmscy L. KrolpP;n
Pnul L. Notn•
Craig V. Coron:i•
~t-iu s„,„~a ,
August 19, 2008
Mr. Grafton Smith
Grafton Smith Planning
0187 West Lupin Drive
Aspen, CO 81611
RE: Donation to Colorado Water Trust for growth management quota
t,.,r, t>. viii„~~,: system application of Lisa Marie Swalm, 1997 Trust (our file #656A)
„r <.uuu,cl
Dear Grafton:
_.~ ,.. ,i rv r,7 flh. / 5
Per your request, I am writing to describe the proposed donation by the Lisa
~ ~ t v , Marie Swaim, 1997 Trust ("Swaim") to the Colorado Water Trust as part of the
Swalm's Pitkin County growth management quota system application. The
"" ' ~ ~~ proposal is to donate $30,000 to the Water Trust for purposes of acquiring
"` °' "' `~ ~ water rights in river segments of the Roaring Fork River basin that are critically
low during dry years. As I understand it, the county wishes that we quantify
.
;
, what this donation could buy.
~
, ,
,
?iv f Ihu'aot Avenue
s,,;,~. zoo After speaking with at the Executive Director of the Water Trust, we have
na>~~n, clt sir,i i learned that the Water Trust is finalizing a transaction to purchase senior water
v?~ 9zc. iczs rights on the lower Crystal River. The lower Crystal River can be completely
?o.`zz5.6s+% dried up by irrigation water rights in the late summer in dry years. As such,
this purchase is specifically targeted at providing water to a critical stream
~'""" ` "~"' reach within the Roaring Fork drainage.
9`)17 1 Xth Sn~cet
lcth Fhu,r
n~ n,-,•r, co sozoz The details of the transaction are as follows: the Water Trust has made an offer
i 3o~s93.9?co to purchase approximately 140 acre feet of water. ~ This water is fully
~ ic3.x93.~90o transferrable "consumptive use credits" that can and will be dedicated to
instream flow purposes. The offer has been accepted, subject to successful
"_ ~~ ~~ ~ _~~ negotiations over the teens of the acquisition. Because this is a real estate
zits tt. c:,.„clba<k transaction, the Water Trust is hesitant to release explicit details, but has
s,dte Boa provided a range within which the offer price falls. The price range is between
ht""""='n~ X''o10 $1000 and $2500 per acre foot of water, which is a reasonable range of the
~so.9zt ~0~~ going rate for consumptive use credits.
ls;, ez i.sass
~ ,, ; , ,;;; With a total price range of $140,000 to $350,000, the $30,000 donation we are
~r,~a r.. nsrd rl„« proposing from Swaim will correspond to 9 to 21 percent of the total purchase
suit, 3oa-ix price. According to the Water Trust's Executive Director, the money will be an
'1'u Isa, t 7 K 7J I l
i 9t Y.a;v aa34 ~ An acre foot of water is approximately 326,000 gallons, or the amount of water necessary to
i . 97C.92i.6S47 inundate 1 acre of land to a depth of 1 foot.
www.waterlaw.com
®~~"!
PATRICK; MILLERi KROPF
Mr. Grafton Smith
August 19, 2008
Paee 2
extremely helpful part of their fundraising efforts necessary to acquire this water. She also
explained that she would be happy to discuss this proposal with you as needed.
1 hope this information is helpful.
Very truly yours,
PATRICK, MILLER & KROPF, P.C.
A Professional Corporation
By: ~~ ~Y~
Paul L. Noto
notontvuterlnty. com
W:\Frantz, Lisa\656 A\Letters\Smi[h re water trust donation 8-19-OS 5nal.doc
J ®') +'
_.
Grafton math ~~i~~l~«
~;
Suzanne Wolfe
Senior Planner
Community Development Depaztment
Pitkin County
Ref: Lisa Mazie Swalm 1972 Trust 2008 GMQS Application
Deaz Suzanne:
As you know, the GMQS scoring is all about how well the applicant's proposed development
will adhere to the Land Use Code standazds; do not meet code and you get a zero, do just
what is required and you get a one, but if you go above and beyond the code by a margin
proportionate to your request -your application deserves to be scored a two in that criteria.
In this spirit of going "above and beyond", please accept this addendum to our GMQS
application addressing the timing of the funding of three of our commitments. Normally,
commitments made in a GMQS application do not need to be performed until the pulling of a
building permit or until final inspection, however, while we identified a number of azeas our
application where we could help, in three of these instances the need was exacerbated by a
pressing timeframe.
These are; the AFPD's need to equip their recently purchased Brush Truck in order to get it
deployed as soon as possible, Road & Bridge's need to purchase their needed street sweeper
before winter and CDOW's extension of their Light Hill reclamation project to an additional
180 acres which they would like to accomplish either this fall or early next year. In response,
my client will fund these three commitments immediately upon the success of the GMQS
application in front of the P&Z this September.
While the above may be not be appazent in the GMQS application, AFPD, Road & Bridge,
and CDOW were verbally advised of the above promise and all acknowledged that this
timing would meet their requirements. Their subsequent letters of acceptance aze attached to
our GMQS application.
Thank you.
0187 Lupine Drive West Aspen, Colorado 81611 970 925-7120 970 925-1829 (Fax) grattonsmith(ulcomcast.net
~,~~'~~ J~ttq, a Cr
Grafton meth ~~~rrfr«
~-
Suzanne Wolfe
Senior Planner
Community Development Department
Pitkin County
Ref: Lisa Marie Swalm 1972 Trust 2008 GMQS Application
Deaz Suzanne:
As you know, the GMQS scoring is all about how well the applicant's proposed development
will adhere to the Land Use Code standazds; do not meet code and you get a zero, do just
what is required and you get a one, but if you go above and beyond the code by a margin
proportionate to your request -your application deserves to be scored a two in that criteria.
In this spirit of going "above and beyond", please accept this addendum to our GMQS
application addressing the timing of the funding of three of our commitments. Normally,
commitments made in a GMQS application do not need to be performed until the pulling of a
building permit or until final inspection, however, while we identified a number of areas our
application where we could help, in three of these instances the need was exacerbated by a
pressing timeframe.
These are; the AFPD's need to equip their recently purchased Brush Truck in order to get it
deployed as soon as possible, Road & Bridge's need to purchase their needed street sweeper
before winter and CDOW's extension of their Light Hill reclamation project to an additional
180 acres which they would like to accomplish either this fall or early next yeaz. In response,
my client will fund these three commitments immediately upon the success of the GMQS
application in front of the P&Z this September.
While the above may be not be appazent in the GMQS application, AFPD, Road & Bridge,
and CDOW were verbally advised of the above promise and all acknowledged that this
timing would meet their requirements. Their subsequent letters of acceptance aze attached to
our GMQS application.
Thank you.
0187 Lupinr Drive Wcst Aspen, Colorado 81611 970 925-7120 970 925-1829 (Fax) graftonsmi[hL cumcas[.net
s
C
Review Copy
Lisa Marie Swalm 1972 Trust
2008 GMQS Competition for Additional Floor Area
OOQU01 0-~ 5~
Submitted by: Grafton Smith
(970) 925-7120
graftonsmith@comcast.net
Lisa Marie Swalm 1972 Trust
2008 GMQS Competition for Additional Floor Area
Applicant: Lisa Marie Swalm 1972 Trust /Lisa Frantz
Phone: (713) 927-7389
Location: 0143 Red Oak Lane, Aspen, CO Parcel ID: 2643-221-10-004
Parcel Size: 20.74 Acres Zone District: RS-20
Representative: Grafton Smith Email: graftonsmith@comcast.net
Request: The Lisa Mazie Swalm 1972 Trust /Lisa Frantz, the "Applicant," requests to
compete in the 2008 GMQS Competition for Additional Floor Area for its/her below
listed property (see attached Certificate of Ownership) in order to re-develop it for a total
of up to 15,000 squaze feet (not including the barn which is exempt from this
calculation.) This GMQS application is for 8,984 squaze feet of Additional Floor Area.
Property: The "Property", containing approximately 20.74 acres (see attached
Improvement/Topographic survey), is located at 0143 Red Oak Lane in the White Star
Ranches Subdivision near W/J off of McClain Flats Road (see attached Vicinity Map.) It
is conforming as to size in the RS20 Zone District and lies in the "Rural" azea of the
County (outside the Urban Growth Boundary). It is currently developed with asingle-
family residence, attached gazage and office, a small non-habitable cabin and a barn.
The domestic water supply is provided by a piped community water system and waste
disposal is via an ISDS.
The Property is bordered on the east by the Salvation Ditch, on the west by the 253 acres
of White Staz Ranches (WSR) irrigated open space/common area, on the north by the
Craig Ranch and to the south by Tract 3 of the WSR subdivision. A landscaped,
manmade water feature connects a series of manmade ponds, which bisect the western
four-fifths of the Property. The water for this water feature originates in a yeaz round
spring on the neighboring pazcel to the east and is piped onto the Property and exists the
property onto the neighboring pazcel to the west. From there it flows into the irrigated
open space/common azea. The water rights to the consumptive use of the water in the
feature was confirmed in Colorado District Court, Water Division 5, Case Number
O1CW365 (see attached.)
Previous Land Use Approvals: The Pazcel was legally created in the "Final Plat
Approval to the White Staz Ranches Subdivision" (see attached BOCC Resolution
Number 80-84). It is conforming as to size in the RS20 Zone District and is therefore
permitted 15,000 squaze feet of development by right. White Staz Ranches is specifically
identified in the Pitkin County 2006 Land Use Code (LUC) Section 6-30-50 (b)(2) as one
of several existing subdivisions exempt from TDR Special Review. This exemption is
recognition by the County that parcels with up to 15,000 squaze feet of development on
them aze entirely appropriate in this azea.
In 1998 the Property was approved through Special Review fora 700 square foot CDU
(see attached BOCC Resolution No. 98-21) which was to have been built attached to the
I.i,a Murk ti~~:~lm 1~1?] 11'utl luh '_'11118 GMi)S Ilnnr Arca Cnmpclilinn
Ya reel I U: '6~ 45 ' 2 1 l i l (ll i~ I'u ec I
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existing barn on the east side of the Property but the CDU was not constructed nor was a
CDU deed restriction recorded.
Activity Envelope Exemption: The Applicant will demonstrate that the re-
development of the Property will not encroach into any "Constrained Areas" and is
therefore eligible for the exemption provided for in LUC Section 7-10-30(b) regazding
"Exempt Development Activities." As the new development would possibly be visible
from McClain Flats Road the Applicant will document, in the building permit submission
process, the proposed development's compliance with the Site Plan/Visual Impact criteria
found in LUC Sections 7-20-100 through the rest of the section.
Review Criteria for Specified Land Ilse Code Sections:
7-10-30: EXEMPT DEVELOPMENT ACTIVITIES
The following activities are exempt from review for compliance with the standards in Sections '-
10-40 through i-10-90, provided that the specifac development has previously received approval covering
pre-existing development and construction pursuant to the Pitkin County Lund Use Code ire effect at that
time. Although compliance with these portions of Chapter ? is not required in [he following exempt
situations, compliance it encouraged.
(bJ Remodeling, expansion or reconstruction of any existing structure provided there is no expansion
or construction of a structure into a Constrafned Area. For the purposes ojthis exemption only,
areas categorized as low wildfzre huzard shaAnot be considered constrained areas.
Response: As there aze no "Constrained Areas" on the property, the proposed
development will not involve the expansion or construction of a structure into a
"Constrained Area" and therefore is exempt from the Activity Envelope Process under
I_itu Yluric S~~xlm lt)"lrusl I;ih_ 21108 UMI)ti Fluor Arch t'~~mpcU(ion
Pa reel ID: 261? 221 IU INI-4 I'u~c'
~~~~QJ
Lower pond with landscaping and water features
the above Pitkin County LUC Section 7-10-30(b). By way of demonstration please see
below:
A. The Property is rated "Low Wildfire Hazard" (see attached Rocky Mountain
Ecological Services Wildfue report (RMES.)
B. There aze no non-manmade slopes with gradients in excess of 30 percent (see
attached ImprovementlTopographic Survey.)
C. The Property does not contain any mapped wildlife azeas (see attached RMES
Wildlife report.)
n. There are no naturally occurring water courses, drainage channels and azeas
subject to erosion, floodplain hazard azeas, geological hazard areas, river and
streazn corridors and wetlands, irrigated lands for food or crop production, historic
preservation azeas, or azcheological resource azeas on the Property (see
Improvement/Topographic Survey.)
6-40-20: GENERAL STANDARDS FOR ALLOTMENTS AND COMPETITION
(a) Compliance With Code Requirements
As a prerequisite to the award of anv development allotment, the proposed development must comply }vlth
all requirements of the Pitkin Counh~ Code. No uIIotments shall be granted where the development
proposed violates this Land Use Code. An applicant who receives a score oj:ero (o) under anv category.
rovhich indicates that the proposed development does not comply with u standard of this Lund Use Code.
shall be required to bring the proposed development into compliance with this Land Use Code before u Site
I iw 41 m~ic S~cnlm 19T_ trust Iuh_ _'l1UR t;R1t iS Fli~~x 4rr.i ~-„mpetilinn
Narccl IU: ;n 13 _'_' I I n UU~ ~~;i~.c ;
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Small cabin (non-habitable)
Plan or other developmen( application for the proposed development maybe approved.
Response: The Applicant will comply with the above.
(b) Allotment or Exemption Required
Receipt of an uUotmen(or eligihiliry fns an exemption is a pre-reyvisite to continuation in the land use
review process. lfan allocation or exemption is denied, arrv other land use applicutMnr that are pending
for the property shall be denied as weld.
Response: There is the possibility that a CDU application may be filed for the Property
during the time this application is being reviewed. This CDU application is independent
from this application and the approval of this GMQS application is not a necessary
prerequisite for construction of a CDU on the property as the CDU could otherwise be
constructed through the conversion of existing floor azea on the Property, or through the
purchase of a TDR. As White Star Ranches is apse-designated TDR Receiver Site, TDRs
can be purchased and utilized on the Property without Special Review.
(c) Consideration of Comprehensive Plan
The award of env development allotment shall consider the applicable Comprehensive Plans, including the
Pitkin County Comprehensive P[an and the adopted pluns,for the incorporated areas of Aspen. Basalt,
Carbondale, and Snoxmass Y7Ruge.
Response: The Application considers the applicable Comprehensive Plan.
(d) Covenant
Arrv applicant avho is urvarded an allotment shall prepare a covenant in a Dorm provided by the CnunN that
addresses ulI n f the commitments mode in the application. The covenant shat/ be suhmitted prior to the
submission ofunv building permit applications that would uti[ne the allotments that have been awarded.
Following review and approval of the covenant by the Community Development Department. tyre covenant
shall he recorded with the Pitkin CY>unty Clerk and Recorder and shall run with and he a burden upon the
land.
Response: The Applicant will comply with the above.
(e) Scoring Based on Merits of Proposed Development and Parcel Alone
Scoring of individual development proposals shall be based on features and charucteris(ics included in the
proposed development and on the parcel where the proposed development would take place. Scores shall
riot he increased based nn features or characteristics included in any subdivision contuintng the lot ar
parcel proposed for development, mrless the feature or characteristic would actually be creu(ed by the
proposed development In the evens an application includes proposed development, or on mare than one
tract ofthirty-flue (35/ acres or nmre, each proposed lot or parcel shalt he considered as an individual
application. Scoring for a parcel, lot. or tract, will not he increased due to proposed improvements,
features or characteristics proposed for outer lots or parcels.
Response: While the Applicant will comply with the above, it is worthy to note that
although this GMQS application does not apply for consideration for the 253 acres
irrigated common open space created in the 1979 Subdivision of White Staz Ranches; the
fact that the valuable open space of the fathering parcel was protected in the subdivision
process serves as evidence that there is no valued open space remaining on the Property.
(f) Proportionality
When scoring an application, the Planning and Zoning Commission should consider whether ouch
commitment made by the applicant seeking points is proportional to the size of the allotment hetn,q
requested In other words, an applicant seeking an allotment_for u lm~ge amount q f floor urea world he
I isa A4aric Sssalm 10~' I raw Juh 31108 (~'NQS F Iwo- 1rc2 ~ ninpctitiun
Pa rccl 1 U: 2h1; '_ ] I I r ~-1111-!
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expected to snake a proportionally greater commitment to obtain the same score as an applicant seeking a
lesser amount of floor area.
Response: The commitments made in this application are proportional.
6-50: RESIDENTIAL COMPETITION SYSTEM
6-50-70: GENERAL
The standards mid scoring system in this section are utilized to evaluate applications.for residential
development allotments submitted pursuant to the procedures in Sec. 2-~10-40. The competitive categarier.
points availahle, and minimum competitive thresholds for residential developments are summarised in
Table 6-? 1 for development within t/:e Aspen Urban Growth Bomtdaryl and Table 6-R (for development
within the Rural Areu, Crystal River Area and Frying Pan Areal.
(a) Method of Scoring
Scoring shall be conducted separately for (i) new lots and parcels, and (ii) new additions. Scaring shall
also be conducted separately for development within the Aspen Urban Growth Boundary, Rural Area,
Crystal River Areu. and Frying Pun Area.
(/) Scoring of new lots and parcels consider all structures for which u GMQS allotment is being sought.
(2) If allotments are sought for more than one (U parcel of thirty-five l35) acres or [urger x~hich was
created pursuant to the state statutory exemption for such parcels, then each parcel for which an
allotment is sought shall be catsidered a separate appDcation,fnr an allotment .Such parcels shall not
be considered together ar ifthey were part qfa single subdivision ar planned development.
(3) Scoring for additions shall consider the entire structure or structures,for which the GMQS allotment is
being sought.
Response: This application is for additional floor area in the Rural Area of the County.
6-50-20: STANDARDS FOR SCORING APPLICATIONS FOR RESIDENTIAL
ALLOTMENTS
The Planning and Zoning Commission shall corzrider each application with respect to the standards
described below, and shall assign points according to the following schedules:
(a) Impacts on Public and Private Facilities
(/) Considering whether an applicant has provided a commitment to instal! those public• and private
facilities that are necessary to serve the developnrenl and also to instal! facilities Ihat mqy be
of benefit to the surrounding neighborhood. Points shall be awarded according to the
following schedalz:
(a) Zero (0) means the proposed facilities do not comply with the Countv'.r adopted standards or
do not meet the needs of the project.
(b) One /11 means the proposed facilities comply with the Cotuttv's adopted standards mid
provide >or the needs of the project, but do not improve services to the surrounding
neighborhood.
(c) Trvo IZI means the proposed facilities comply with the CounN'.r adopted standards, provide
for the needs of the project, and help to solve a problem or resolve u constraind with
existing fuciGties•, or otherwise are of benefit to the surrounding neighborhood. Anv
such improvements proposed marl also he consistent with adopted County p[anr addressing
such facilities and must be determined to be necessary and appropriate by the
referral agency charged with utilizing the facility or providing the related service.
(2) The categories in which points shall he awarded are as follows:
(a) Fire Protection
L Capability of the appropriate fire protection district to provide fire protection according to its
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established response standards, including whether appropriate access has been provided to the
development .cite, ivitlr necessary vehicle turnouts and teern-around pads;
2. Adequacy of available water pressure and capacity for providing frre-feghting flaws: and
3. Commitment ojan applicant to provide or pay for fire protection,facilities that mm~ be
necessitated by the project or that may improve fire protection capabilities in the
neighborhood, including but not limited to fire hydrants, water storage tanks or
ponds, and fire fighting vehicles or equipment.
Response: In the re-development the Property the Applicant will meet all the Aspen Fire
Protection District (AFPD) requirements.
In order to improve AFPD firefighting capabilities in the area the Applicant further
commits to:
A. Connecting the Property's pond system to a dry hydrant, which will be located
according to AFPD specifications neaz the entrance to the Properly and in such a location
as to provide an emergency water supply for the surrounding neighborhood.
As the manmade stream feeding the pond system flows year round, it will provide an
almost unlimited supply of water for fighting house and wildfires in the area
independent of season. An additional advantage is that as the level of the water in the
pond would be significantly higher than the outlet of the dry hydrant, fire trucks will be
able to take on water quicker than otherwise possible due to the head pressure this
elevation difference represents.
B. The Applicant commits to donating $30,000 to the AFPD to be used for the purpose
equipping the recently purchased Brush Truck and/or the purchase of new multi-
channel communication radios.
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Parcel ID: _'ti~t '__'I lu Uli~ I~;~„v„
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Mato Pond on Property
The Brush Truck is a "*four wheel drive, crew cab, flat bed fire fighting vehicle designed
for first (and rapid) response to wildfires." It can quickly respond to fire emergencies
resulting in decreased response times to the White Staz Ranch neighborhood (as well as
other Rural Area properties). Its size and its four wheel capability will also allow the
AFPD to defeat wildfires while they are smaller and therefore less destructive and
will be especially valuable in areas of the county without road access or open
ranchlands such as are found in WSR, White Star Mesa, the Craig Ranch, etc., or in
areas where existing road access is too restrictive for larger fire fighting vehicles.
Any excess funds from the above contribution may be used by the AFPD towazd the
purchase of the new multi-channel communication radios they need. These new radios
will help coordinate the AFPD efforts in fighting fires, wildfires and rescue efforts
and where multiple agencies are involved, which is especially true of fighting lazger fires
such as the one neaz Katherine's Store eazlier this yeaz.
*Quoted from Orrin Moon/Deputy Fire Mazshall
(b) Road System
1. Capability of the pubdic road network to provide jor the needs of the proposed development
within acceptable levels ojsafedB as defined in the Pitkin County Asset Management Plun; and
2. Applicunt(r commitment to provide or pay jor necessary road svstem improvements
uttributable to the proposed development or to improve road capacity or Safety In the
neighborhood.
Response: As the proposed development on the Property is the redevelopment of a
single family residence there will be no road system improvements made necessary as
a result of the proposed development nor will there be any long term negative impacts
to the Road System, which is already adequate to service the needs of the neighborhood.
In order to increase the safety of the road system in the neighborhood, the Applicant
commits to contributing $35,000 toward the purchase of the Street Sweeper that the
Pitkin County Road Department has identified as a desired near term acquisition. It will
enhance the safety for not only the motorists using McClain Flats Road but as the
road is a major bicycle thoroughfaze, it will enhance the safety of cyclists using the
roadway as well. Please also keep in mind that the Elam Gravel Pit is accessed off of
McClain Flats Road, which exacerbates this issue on this particulaz road.
Loose gravel is a serious road hazard but it also contributes to elevated PM10 levels,
which is a public health issue; one that Pitkin County has been addressing for many
yeazs.
(e) Transit and Trail Systems
1. Whether the proposed development site is locuted in proximity to existing transit routes
and trail systems and whether appropriate on-site connections are mode to these routes
and trails:
2. Capability of the transi! svstem to accommodate the proposed development without the need
jor additional equipment or roude shifts:
3. Commitment of the applicant to finance or provide capita! improvements (such as a bus,
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00000
bus she/ter, or trail connection/ that enhance t/te ability nJ~the lrunsit or trail system to
sense the proposed development, or to provide an easement for a trail that has been
identified irr the Pitkin County Comprehensive Plan: and/or an easement far a trail that has
generally been identified as a public access need.
Response: The proposed development is the redevelopment of asingle-family residence
and as such will not represent an increase in demands upon the transit system in the area
and while it is close to the Rio Grande Trail it is not close enough such that on-site
connections or additional easements would be possible, appropriate or meaningful.
However, the Roaring Fork Transit Authority (BETA) services the neighboring azea via
its shuttle stop less than 1800 feet down the hill from the entrance to White Star Ranches
and in order to enhance RFTA's service to the neighborhood, the Applicant commits to
contributing $58,000 to RFTA to finance capital improvements such as buses or
enhancements to the bus shelter ($58,000 is the approximate cost of a Shuttle Bus, such
as aze used on this route.)
(b) Effect on the Environment
(/) Considering the envirommental impacts of the proposed development and whether the applicant
commits to actions that will hwe a positive effect an the natural environment in Pitkin County,
therehv achieving an overall benefit for the community. Points shell be awarded according to
the fallowing.rchedule:
(a) Zero (lll means the proposed development does not comply with the applicable adopted
Counh~environntentalstandards.
(b) One Ill means the proposed development complies with (hut dues nut exceed/ the
applicahle adopted County environnrental.rtandarde.
(c) Tivn (21 means the proposed development exceeds the applicable adopted County
environmental standards, or the proposed development complies with zhe applicable
adopted County environmental standards and helps to solve an existing em~ironmental
prnhlem. To receive a score of 2 in any category, an applicant shall exceed an
adopted standard or solve an existing problem as expressed in at least one of the
standards in that category, but need not do so in all of the standards of that
category.
(2) The categories in which points shall be awarded are as follows:
(a) Water Resources
Considering the overa/d impacts of the development on local and regional water resources,
inchrding~
/. The extent to which the proposed development of the property will comply with or will
exceed (by mme than fifty (SU) percent) the minimum stream setbacks and
riparian and wetland buffers established ir: Table 5-1 and .Sec. ?-20-80 ofthis Land Use
Code.
2. Whether an applicant commits to the dedication of water rights to an appropriate public
ugenev or other actions that will contribute to the protection of minimum stream
./lows and address a documented need in Pitkin County.
3. Whether an applicant commits to retain irrigation water rights with agricultural or
open space lands that are part of the development.
4. Whether an applicant commits to the implementation of techniques that will improve the
ef)iciency of existing irrigation systems and commits to dedicate the remaining water Io
minimum instream flows, or increases the amount ofagricullura! land nr protected open
.rpcrce that is ahle to be irrigated within the development.
5. Whether an applicant proposes a water uugmentation plan that will replace water that is to
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Varccl ID: 26~i-_31 !161)01
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be used Qv the development with augmwuatiun water that re-enters the .e[rec[m either (i)
upstream of the development, or (iil at the same point of divenrion employed by the
development (that is, bringing "wet water" [o the Cnmrtvl, or (iii) downstream of the
development, but still upstream of the in-stream depletion ureus in Pitkin C'omav
Response: The proposed development will comply with the applicable adopted County
standazds and will exceed an adopted standard and help solve existing County
environmental problems through the following:
The applicant commits to contributing $30,000 to the Colorado Water Trust, the
proposed Pitkin County water rights acquisition fund for instream flows if established,
other such appropriate agency to fund the purchase water rights in Pitkin County for the
purpose of improving or protecting minimum stream flows in the County.
The Applicant commits to the recording of a deed restriction to run with the Property
which would prevent the water rights the Property has in the natural spring and the
manmade stream which flows across the Property and the irrigation and storage
rights specified in Colorado District Court, Water Division 5, Case Number
O1CW365 from being sold separate from the Property (binds water rights.)
The above water rights aze decreed in part and used for the irrigation of 7 acres on the
property and the Applicant further commits to continue such irrigation in perpetuity,
which also effectively binds the water rights to the land.
Please note, that were the water rights to the severed from the Property and a delivery
system for the water required, that the Salvation Ditch abuts the Property for the full
length of the Property's eastern boundary and is less than a 100 feet from the head of the
manrnade stream. Also of note is that these aze the only remaining
unbound/unprotected water rights in the area and that, as the water runs through the
property out onto the 253 acres of irrigated common azea, the outflow of water from the
water feature ultimately accrues to the benefit of White Star Ranches irrigated
common Open Space.
The Proposed development on the Property will exceed the County streamside setback
standard of 100 feet from all natural streams by 50%.
/h) Wildlife Habitat Protection
Considering the extent to which the propnred development wild contribute to the pratectiorr of
wildlife habitat in Pitkin County by exceeding the standards of Sec. ~-20-70. The County has
identified the following activity that qualifres as cxceedtng the adopted standards:
/. An applicant could commit to u program that would enhance or wou/d restore native
wildlije habitat that has been degraded by human or animal activity (jor example, by creating
nr restoring wetlands andi'or riparian habitatl. Un-site enhancement it preferred but where
there are no significant opportunities.for an-site enhancement or restoration, a commitment to
enhance or restore other sites in Pitkin County mqv be considered.
2. Applicants may also identify other innovative ways in which wildlife habitat can be
protected in Pitkin County that would exceed the Coun N's udopted wildlife standards.
Applicants with no mapped or known wildlije habitat on their entire tot or parcel shall receive a
score ojtwo (2) in this category.
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Parcel ID: 26~~-?'_ I 10 1111 iy~„~ q
000010
Response: There is no mapped or known wildlife habitat on the Property (see
attached RMES report) and as such is automatically deserving of a score of two (2) in
this category but in recognition of the importance of wildlife and wildlife habitat to
Pitkin County the Applicant would like to take this opportunity to commit to
contributing $30,000 toward the Colorado Department of Wildlife's project to
invigorate the elk and deer habitat on Light Hill (please see attached email from
Kevin Wright, CDOW Manager for the Aspen Area.)
As this donation qualifies for matching funds from various other entities these funds
could well translate to a gross funding of the project of $60,000. Mr. Wright further
indicates in his email that the expansion of his Light Hill project to encompass a further
180 acres will cost approximately $58,000, therefore this contribution could represent
the full funding for the rest of this project.
(c) Achievement of Community Goals
(l) OPEN SPACE PRESERVATION
(a) Considering the extent to which the proposed development will contribute to the
preservation of open space in Pitkin County. Valued open space that an applicant cou/d
preserve includes:
L Undeveloped [ands that have wildlife, scenic, and other desirable resource values:
2. Agricultural lands. including those that have been historically irrigated, used,frr food, grains
or other feed production. and those used for diy pasture and rangeland;
3. Lands. or easements over lands, which provide uccess to puhlic lands or public waters; and
4. Other undeveloped lands whose preservation would be consistent with the adopted Pitkin
County Comprzhensive Plan.
(h) Points shall be awarded according to the following schedule
1. Zero (01 means the proposed development does not preserve any of the valued open space
within the properh~
2. One (]I means the proposed development preserves some, but not al! of the valued open space
within the propern~.
3. Two QI means the proposed development preserves all of the valued open space within
the properry~.
4. If the entire lot or parcel does not contain any valued open space, the app/icant
shall receive a score of two (2).
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i'~rcd IU:'_h-1i 221 IU1111-1 Pasc IU
000011
Response: As the valued open space on the White Staz Ranch fathering pazcel was
protected in the Ranch's subdivision process through the creation of the 253-acre
irrigated common open space area, the Property does not contain any valued open
space (see attached RMES Wildlife Report.)
(2) HAZARD MITIGATION AND AVOIDANCE
Considering the extent to which the proposal mitigates the impacts of development or avoids locating
development in jloodplain hazard, geologic hazard, or wildfire hazard areas, as these areas are
described in Chapter 7 of this Land Use Code. Points shall be awarded according to the following
schedule:
(a) Zero l0) means the proposed development does not comply with the C'aunn~'s adopted
standards for jloodplain, geologic, and wiktfrre hazard areas.
(b) One (1/ means the proposed develapmem complies with the County's adopted mitigation
standards for development in floodplain, geologic, and wildfire hazard areas, but includes
some development activities an slopes in excess of thirty (30l percent or in areas subject to
severe wildfire hazards.
(c) Two (21 means the proposed development complies with the County's adopted
mitigation standards jor development in Jloodplain, geologic, and wildfire hazard
areas and includes no development activities on slopes in excess of thirty (3U)
percent or in areas subject to severe wildfire hazards.
Response: The proposed development avoids locating development in any of the above
listed hazard areas as these hazard areas do not exist on the Property. There aze no
naturally occurring slopes with gradients in excess of 30% (see attached
Improvement/ 2-foot Topographic Survey), and the entire pazcel has been field
determined by RMES to be "Low Wildfire Hazard" area (see attached wildfire report
from RMES.)
(3) DEVELOPMENT BELOW ALLOWABLE DENSlTp (ONLY APPL/ES TO DEVELOPMENTS
WTTHTN THE RURAL AREA)
Considering the extent to which the development proposed is less than the allowable densbty in terms
oJ~numbers of dwelling units (not including caretaker dwelling units, employee dwelling units, or deed
restricted gj(ordahle dwelling units/ permitted in the applicable mne district. Points skull be awarded
according to the following schedule:
(a) Zero (01 means the applicant proposes development at a density oj~seventy-cis 176) percent to
one hundred (lOOI percent of the density allowed by the underlying zone district.
(b) One tU means the applicmn commits to limit development to jiJh~-one l51) percent/ to
seventy-five (75) percent of the density allowed by the underlying zone district.
(c) Two /21 means the applicant commits to limit development to fifty (50) percent or less of the
density allowed by the underlying zone district.
(d) When competing for additional square footage only, an applicant shall receive a score
njone (() if there is no opportunity to reduce density an a property.
Response: There is no opporhu}ity to reduce density on the Property.
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(4) REDUCT/ON OF 67SIBLE MASS (ONLY APPL/ES TO DE['ELOPMENTS W/TH/N THE
RURAL AREA)
Final Maximum Floor Sub-Grade Floor Area Height
Area (see note 2) (see note 3)
see note 1
0 Points Final maximum floor area Less than 20% of the Proposed structure(s)
is limited to more than requested floor area limited to less than 15%
75% of that potentially would be built sub-grade. below the maximum
available to the roe allowable he' ht.
1 Point Final maximum floor area At least 20% of the Proposed structure(s)
is limited to no more than requested floor area will limited to at least 15%
75% of that potentially be built sub-grade. below the maximum
available to the roe allowable hei ht.
2 Points Final maximum floor area At least 30% of the Proposed structure(s)
(Note 4) is limited to no more than requested floor area will limited to at least 30%
55% of that potentially be built sub-grade. below the maximum
available to the roe allowable hei ht.
Notes:
1. This calculation is based on the final maximum floor area that is potentially allowed on the property by
the underlying zone district, as specified in Table 5-1.D. See Sec. 5-20-70 for rules governing
measurement of floor area.
2. To qualify assub-grade, the space must meet the requirements for exempt sub-grade space in Sec. 5-
20.70(1)(1).
3. To receive points in this category, no portion of any proposed structure can measure above the stated
height limit.
4. Applicants may score points in each of the three categories described in this section, up to a maximum
of 6 ints 2 ints in each cat o
Response: The Applicant commits to constructing at least 20% of the requested
additional floor area "sub-grade" as currently defined by the Land Use Code.
(d) Creative Bonus
The Planning and Zoning Commission may award bonus points to anv development applicalinn that
meets the overall minimum scoring threshold to obtain an allocation. as specified in Tables 6-7 and 6-8.
13unus points may he uwarded to an applicant who proposes creative approaches that are consistent with
the purpose and intent ofthe scoring categories set forth in Secs. 6-50-?0 (aJ, Ibl, and Icl, and go hevond
the standards established in each of the respective categories. 6nnus points may also he arovarded for
creative approaches That have not peen addressed in anv oJ7he scoring cutegorfes set Jorth in Secs. h-50-
Zll (ul, (h), and Isl. but that are consistent with and help to implemettl the Pitkin C'ounN Comprehensive
Plzen. Up to five (SI bonus points may be awarded us,follows.
(/) One (l) horrus point may he awarded for each creative approach an applicant proposes that
is consistent with the purpose and intent of a scoring category set forth in Secs. 6-50-20 lul.
Ihl. and Icl, and goes hevond the standards established in that category.
(21 One Ill bonus point may be awarded for each creative approach an applicant proposes that
is consistent wish and Iredps to implement the Pitkin Cotmty Comprehensive Plan.
(3) One ! 1 /bonus point nruy he awarded to unv applicunt who proposes to build affordable
housing. rather than pay the En:plgvee Housing Impuc•t Fee required by Sec•ttan 8-30 vfthis
Lund U.re Code. Tn obtain tl:e bonus point. the proposal to build the pausing spa/1 comply
with the County's adopted affordable housing policies and guidelines in terms of its
location and the type of housing proposed.
Response: None
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TRACT 4 AMENDED WHITE STAR RANCHES SUBDIVISION & PUD AS
DESCRIBED IN PLAT BK 17 PG 32
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07-01-2008 1 !2
July 1, 2008
Grafton Smith
Grafton Smith Planning
O] 87 West Lupine Drive
Aspen, CO 81611
RE: 0143 Red Oak Drive
Dear Grafton:
420 E. HOPKINS AVENUE
ASPEN, COLORADO 81811
PHONE (970) 925-5532
FAX (870) 920-4451
E-MAIL: avtd@rof.net
The Aspen Fire Protection District would like to acknowledge your client's offer to
donate $30,000 to be used towards the purchase of equipment for our new and recently
purchased Brush Truck. This new truck will be a valuable addition to our ability to
quickly respond to wildfires in our District where traditional fire fighting equipment
might not have access. We will utilize those funds to equip the new vehicle with the
necessary tools and equipment to accomplish its task. We will use any excess funds from
the above contribution toward the purchase of new communications equipment for our
fire fighters. The hand held radios that we utilize are important to our ability to
coordinate our fire fighting efforts, and cost approximately $2500 each.
We would also like to acknowledge your client's offer to provide a dry hydrant for
emergency water which would be located near the entrance to her property and in such a
location as to provide additional fire fighting water to the entire neighborhood. This
hydrant and water supply would be in addition to any required by the AFPD for the
client's own structures.
The above contribution will be of welcome assistance in our efforts to shorten our
response times and improve AFPD's firefighting capabilities in your client's
neighborhood and the Fire Protection District at large.
Regarding the balance of the GMQS offers, while the USFS would most likely pursue the
necessary permissions in order to use the water available in your client's pond for
emergency wildfire suppression efforts, the AFPD accepts the owner's offer to give
written permission for helicopter access to their pond for fire fighting purposes,
recognizing that this permission wi[1 be transferable by the AFPD to what ever fire
fighting entity it feel necessary.
Q0~~1
9709204451 ASPEN FIRE DEPARTM
•
Page 2
02.32.32 p.m. 07-01-2008 2!2
•
The owner will otherwise meet all the AFPD's requirements regarding sprinkling of new
structures and/or emergency water supplies (dry hydrants, etc.). This agreement will
represent increases in the AFPD's fire fighting capabilities in the entire lower fire district,
including the White Star Ranch azea.
Thank you and please feel free to call me if you have any questions.
Regards,
.~/~~~~
Ed Van Walraven
Fve Mazshal
Aspen Fire Protection District
~0~~1~
Pitkin County Public Works Department
76 Service Center Road, Aspen, CO 81611
January 23, 2008
Grafton Smith Planning
0187 West Lupine Drive
Aspen, Colorado 81611
Ref: 0143 Red Oak Drive -Swaim 2008 GMQS Application
Dear Grafton:
This letter is to acknowledge your client's offer to donate $35,000 toward our purchase of
a Street Sweeper. This acquisition, planned for this fall, is one we have been wanting to
make for some time. It this time of tight budgets your client's offer is both timely, and
significant and more importantly will be of benefit to your client's neighborhood.
As a result of this purchase we will be much more effective and consistent in controlling
loose gravel on the county roads, which will be especially valuable in maintaining
McClain Flats Road as it sees not only vehicular traffic but extensive bicycle traffic as
well. With McClain Flats also being the access mad for the Elam Gravel Pit, being able
to keep the roadway clear of gravel in both during the dry months as well as after melts in
the winter will increase mad safety for all users of McClain Flats Road, the residents of
your clients neighborhood and the Cou~y in geaernl_
An additional side benefit in keeping the roads cleaz of gravel it helps facilitate our PM10
suppression efforts.
Thank you.
Temple Glassier
Deputy Director of Public Works Asset Division
OOOL1
C:~
ROARING FORK TRANSPORTATION AUTHORITY
Connecting our region with transit and [rails
June 30, 2008
Grafton Smith Planning
0187 West Lupine Drive
Aspen, Colorado 8161 I
•
Ref: Lisa Marie Swalm 1972 Trust 2008 GMQS Application - 0143 Red Oak Drive
Dear Grafton:
This letter is to acknowledge your client's kind offer to donate $58,000 for the specific use in
making capital improvements to our bus fleet and/or our bus shelter located on McClain Flats
Road adjacent to the W/J Affordable Housing Development, which I understand is just down
McClain Flats Road from the entrance to your client's property in White Star Ranches.
This is a significant offer and will greatly help us to improve the quality of RFTA's service to the
West McClain Flats and Woody Creek Area. As you may know we service this azea though our
Shuttle Bus which connects with the Brush Creek Intercept Lot so your offer represents an
important improvement in RFTA's ability to service the people living in the azea. This
contribution will help us replace the vehicle currently being used to provide the Woody Creek
Van service.
Please feel free to contact me with any questions.
Thank you.
Dan Blankenship
Chief Executive Officer
www.rfta.com
Ph 970.384.4974 ~ Fs 970.945.7386
2307 Wulfsohn Road ~ Glenwood Springs, CO 81601
~~U1 ~3
Subject: Light Hill funding
Date: Tuesday, June 24, 2008 7:12 AM
From: Wright, Kevin <Kevin.Wright~state.oo.us>
To: Grafton Smith <grafton~graftonphoto.com>
Conversation: Light Hill funding
• Sun, Jun 29, 2008 11:38 PM
I am going to continue the Light Hill project:. The BLM is in the process of getting an additional 180 aces
culturally deared. Based upon the last contract: and with the increase in fuel prices, it will cost an approximate
#57,600 to mechanically treat the additional acreage. I antidpate this being started sometime this late
summer/fall or the spring 2009. It will be the same type treatment as this summers -cutting the oakbrush/
serviceberry and leaving some pockets of undisturbed vegetation in order to stimulate resprouting of the
mountain shrubs. This is for mule deer and elk winter range improvement. The area contains winter range,
winter concentration area, severe winter range, and aitlcal habitat.
Any moneys received would be put into a fund designated for this project. Funding received this summer
through early fall (or possibly through the winter) could be earmarked for this project:. I will be trying to find
matching dollars from the RMEF and the HPP DOW program. Arty private donations will help achieve matching
dollars and funding for the project.
Page 1 of 1
~~UQ~O
STATE OF COLORADO
Bill Ritter, Jr., Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
Thomas E. Remirgton, Director
61x0 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1192
wildlife.state.co. us
July 1, 2008
Grafton Smith
0187 W. Lupine Dr.
Aspen, CO 81611
12E: Lisa Marie Swalm 1972 Trust
Dear Grafton:
I would like to thank the trust and you for the generous donation of $30,000 to be put towazd the Light Hill habitat
improvement project. It is understood that tithe money will be available azound mid-September, based upon the
land use approval process. It has been a great project so faz and is made possible by donations from the private
sector which can be used for matching dollars.
As I have told you, I am going to continue the Light Hill project. We have just completed the first phase of the
project by treating 376 acres of mountain shrub. The BLM is in the process of getting an additional 180 acres
culturally cleared. Based upon the last contract and with the increase in fuel prices, it will cost an approximate
$57,600 to mechanically treat the additional acreage. I anticipate this being started sometime this late
summer/fall or the spring 2009. It will be the same type treatment as this summers -cutting/mulching the
oakbrush/serviceberry and leaving some pockets of undisturbed vegetation in order to stimulate resprouting
of the mountain shrubs. This is for mule deer and elk winter range improvement. The area contains winter
range, winter concentration area, severe winter range, and critical habitat for both species.
Any moneys received would be put into a fund designated for this project. Funding received this summer
through early fall (or possibly through the winter) could be earmarked for this project. I will be trying to find
matching dollars from the RMEF and the HPP DOW program. Any private donations will help achieve matching
dollars and funding for the project.
Thanks again. If you have any questions, please give me a call.
Sincerely,
Kevin Wright
District Wildlife Manager
DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director
WILDLIFE COMMISSION, Robert Bray, Acting Chair, Secretary
Members, Dennis Buechler • Brad Coors • Jeffrey Crawford • Dorothea Fanis • Tim Glenn
OODU 1
NEPA ••WILDLIFE••VEGETATION••W ILDFIRE MITIGATION••W ETLANDS••PLANNING
WHITE STAR PROPERTY
WILDLIFE ASSESSMENT REPORT
Prt'KiN COUNTY, COLORADO
PREPARED FOR:
GRAFTON SMITH PLANNING
JUNE 2007
0222 BOBCAT LANE REDSTONE COLORADO 81623
PHONE/FAX: (970) 963 2190 CELL: (970) 309-4454
F,M AIL: ERIC.PETTF.RSON@ST ARB AN D.NET
0000?2
le byte Star l'raDeriv [I'iNkf A.r.retnuen! Lune 24. 2007
June 24, 2007
Grafton Smith
Grafton Smith Planning
0187 West Lupine Dr.
Aspen, CO 81611
RE White Star Property, Wildlife Assessment Report
Dear tur. Smith
Rease submit this letter w Rh your application to Pdkin County.
I visited the White Star Roperty on June 22, 2007 to assess the area for establishment of an
activity envelope and likely construction of a single family home and accessory buildings, and
the potential impacts to w ildlife and habitat in the area. This assessment is based on: (1) June
22, 2007 survey of the Roperty; (2) a review of current Colorado Division of Wildlife (CDOW)
Natural Diversity Information Source (NDIS) Species Distribution (formerly know n as WRIS)
Maps (Colorado Division of Wildlife 2007); and (4) the author's experience in recognizing,
avoiding, minimizing, and mitigating potential impacts of development on w ildlife and other
ecological resources in the Roaring Fork area.
This w ildlife analysis is based on current conditions and expected w ildlife use in the area given
the current human occupation and use of the area, as w ell as expected impacts from
construction activities on the property. Discussions w ith the Colorado Division of Wildlife have
not occurred for this property. This report w as produced to address potential issues regarding
Pftkin County Land Use Code 7-20-70 Wildlife Habitat Areas.
Proposed Activities
The ow Hers of the White Star Roperty and
their representative NY. Grafton Smith are
proposing the removal of the existing
home, and relocating the homesite to
approximately 50' to the w est. The new
home w ill be approximately 10,000 square
feet in size.
Existing Conditions
The parcel is generally dominated by
irrigated law n, studded w ith conifers for
landscaping features. Running through the
property, and irmiediately south of the
11222 BOBCAT LANG RC:DST O~7 P. CUL(~RADl1 N1fi23
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Rf'RP- Petrel IY/' ~ Auuuan! rune 24.2007
proposed new building site, is a spring-fed stream that has been signrficantly modified into a
landscaping feature (w ater feature). During the site visit, the spring w as producing
approximately 3 to 5 cubic feet per second (cfs) of flow. This streamfeeds a series of ponds,
which the homeowner has permitted through the State (for evaporative loss and depletions of
water). The proposed homesite is currently a law n, and much of the surrounding are on the
property is dominated by law n. The eastern side of the parcel rises to a small ridge, and is
dominated by Gambel's oak and other associated shrubs and grasses. Noxious w eeds
(including plumeless thistle, Canada thistle, and oxeye daisy) w ere common outside of the
landscaped area around the home. The southern end of the property contains a moderately
large enclosed barn, and accessory dwelling unit. Large, mature cottonwoods surrounded
these structures, and the area w as heavily manicured. The w estern side of the property has
a fenceline bisecting the area (running north-south), w ith the w estern side of the fence being
dominated by irrigated pastures, and a small copse of Gam~el's oak. The eastern side of the
fence is manicured law n.
The property can generally be characterized as being dominated by irrigated law n, w ith a
manicured and landscaped stream running east-w est through the property. The property is
located on a w est facing slope, below a bench line, w ith relatively consistent w est sloping
topography. To the north and east of the property is the Craig Ranch, and to the southeast of
the property is Star Mesa subdivision. The property itself contains very little natural habdats to
provide for w ildlife needs. The general area is dominated by large-sized lots, w ith w idely
spaced large homes.
Habitats in the greater area around the property can be generally divided into tw o different
vegetation types: irrigated agricultural meadow s and Gam>bel's oak shrublands (on more mesic
sites).
ROCI:S bk 1L'NTillN ECC ILOGICALSEiRVICL:S, INC
~~~~itt
RERP Parre! lY"i/dii(e Asserrment Iune 24. 2007
Wildlife Use on the Property
Ok and Mule Deer
Ok
The Property does not have any mapped elk w inter range on the property (Colorado Division of
Wildlife 2004). The CDOW metadata for the species distribution maps defines elk w inter range
as "...that part of the overall range of elk w here 90% of the individuals are located during the
average five w inters out of ten from the first heavy snow fall to spring green-up, or during a
site specific period of w inter as defined far each Data Analysis Unit." Despite this property not
being mapped as w inter range, there is likely some elk use during the w inter months. The
property is very close to mapped elk w inter range, and field verification revealed some very
light elk browse on shrubs preferred as w inter forage (e.g., serviceberry, chokecherry) but no
elk tracks or other sign w ere found. 8k may move through the property, but significant elk use
is not occurring at this time. The Roperty does not contain any mapped or field verified elk
critical habitat, rr>igration corridors, production areas, severe w inter range, or w inter
concentration areas.
Mule Deer
As the property is dominated by law n and w ater features, mule deer may be found on and
around the property throughout the year but the parcel does not contain any mapped or field
verified mule deer critical habitat, migration corridors, production areas, severe w inter range,
w inter range, or w inter concentration areas. Habitat conditions on the property provide deer
very poor brow sing habitats as very little security cover areas, w hich w ould generally be
Iirrmted to the Gambel's oak stands on the east side of the property. The property is somewhat
close to rrepped deer w inter range, therefore d is reasonable to assume that deer fitter through
the property as they utilize the greater area.
Bald Eagles and Other Raptors
There is no bald eagle, golden eagle or other raptor nests on the property. The large
cottonw ood trees at the southern end of the property are of the size and structure that could
support raptor nesting, how ever this is not occurring at this time. The property is too far from
the Roaring Fork IZver to support bald eagle perching or use.
Black Bears
The general area contains excellent black bear habitat and bears are common April through
November. Residents in the greater Woody Creek, Star Mesa and Starwood subdivisions have
experienced significant human-bear conflicts in the past years and some bears have show n
signs of food-conditioning. Once a bear becomes food- or garbage conddioned it has a
greater propensity toward human-bear conflicts. his likely that bears may use the Gambel's
oak stands on and adjacent to the property during the sumrer and fall months. The larger
agricultural meadow s do not provide bears preferred food sources (berries, fortis and mast
(acorns)), nor do the meadow s provide shelter or cover for bears.
ROCKY ~SOUN"PAIN HCCILOGIC.AL SIsRVICG.S, L,VC 3
0 0 o O G
RFRP- Panel W/d " Aaart~rnt Iree 14 2007
Riparian Habitat
Riparian Areas are defined as plant communities contiguous to and affected by surface and
subsurface hydrologic features of perennial or intermittent lotic (e.g., rivers, streams) and
lentic (e.g., lakes, ponds) water bodies. Riparian areas have one or both of the following
characteristics: 1)distinctly drfferent plant species than adjacent areas, and/or 2) species
sirrtilar to adjacent areas but exhibiting more vigorous or robust growth forms. Riparian areas
are often transitional between wetland and upland (U.S. Fish and Wildlrfe Service 1997). The
proposed homesite has marginal riparian habitats, and are in this condition mainly through the
anthropogenic manipulation of the resource.
Wetlands and Waters of the U.S.
Wetlands means those areas that are inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soil conditions (Environmental
Laboratory 1987). Only naturally occurring w etlands are protected by the pean Water Act
and the Pitkin County Land Use Code. The property may have jurisdictionaltyetlands, however
the current building site w ould not irrpact any potential w etland areas. Waters of the U.S. are
those w aters w hich have surface hydrologic connection to navigable w aters, and are further
regulated by the US Army Corp of F~gineers. The spring fed streams on the property may
indeed be considered Waters of the U.S., but the proposed building area w ould not impact
those potential surface w aters.
POTENTIAL EFFECTS OF THE PROPOSED PROJECT
Given the existing habitats on the building site, and conditions around the building site, it is
unlikely that the development of this site w ill resutt in any significant director indirect loss of
important w ildlife habitat. The folow ing sections detail the potential impacts and provide irrpact
rrinimization recorrenendations.
Big Game- tt is important that property owners and contractors realize they are living/working
near w ildlife habitat areas, and that their activdies can have significant negative impacts to elk
and deer biobgy in the area. The building site itself, and the area around the building site is not
mule deer or elk habitat, therefore no direct impacts w ill occur to big game from the demolition
and rebuilding of the house on this property. Any significant impacts to w ildlife w ould only
likely come from indirect impacts outside of the irmlediate demolition and construction areas of
the property. Of particular note is that contractors frequently bring dogs to construction sites,
w here dogs are then allowed to run loose and potentially harass w ildlife. As this homesde is
not w ithin view of main roads, the potential for dogs to run loose and harass w ildlife w ithout
consequence at this site is significant. On the former homesite, and along the sbpe above the
former homesite, treatment of noxious weeds and replanting of native shrubby plant species
would lessen the overall cumulative impacts to w ildlife. Additionally the follow ing rrttigations
are required by Pitkin County Land Use Code:
1. Dogs are to be kenneled or kept inside the residences w hile on the property during the
winter rranths (November 15 through April 15'"). ff dogs are kept on the property, and
are even kenneled or kept inside, barking dogs (or dogs that get loose) may harass
deer/elk moving through the area. This dog kenneling includes dogs owned by
Rc ~C Kl' MoL'NTAIN N:COLIXHCAL SQR~IICGS, LNC ,
OOOU^(l
RF'RP Pan ! W r41k~Ar.rerrment Tune 24. 2007
contractors, subcontractors, delivery personnel, employees, owners and their guests.
Due to the location and proximity of this parcel to w ildlife habitat and movement areas,
construction w orkers should not be allow ed to bring dogs on site.
2. Although the property as a w hole provides only marginal w ildlife habitats, significantly
large elk herds are know n to utilize and/or pass through the general area. Therefore
fences of significant length or size should be prohibited from the property in order to
faciltate deer (and to a lesser degree elk) navement across the area. Small decorative
fences are allowed as long as they are not more than 20' in length, and must be
separated by at least 20' of open space, and then fences should be w ildlife friendly.
Fences should not have any w ire strands and be the round or split rail type. Bottom
rails should be at least 18" above the ground to facilitate ease of any deer faw ns or elk
calves (or other w ildlffe) that cross the property. The top rail should not be higher than
42". Split rail fences or fencing materials that are easily visible to running w ildlife is
reconmended. Spacing between rails should be at least 18" to allow a kickspace for
animals jumping over the fence. Fbw ever, fences in general are strongly discouraged.
Fences imrnediately adjacent to the home are allow ed to keep dogs and pets from
wandering off. Fences for pets and livestock do not need to conform to the above
"w ildlife friendly" standards.
3. ff w ire fencing is necessary to keep livestock out of the property, then w ire fencing
must be 3 strands or less. The top w ire should be a12.5 guage twisted barbless type
at a maximum height of 42 inches. The middle strands (which may be barbed) should
be located a rrtinimum 12 inches apart and from the top w ire. The bottom strand should
be 16 inches fromthe ground.
4. Tall overly mature trees and standing dead trees (snags) should be retained at the rate
of 2 to 5 per acre w henever possible as nesting and perching habitat.
5. Manipulation of vegetation outside of the Activity Envelope is prohibited.
6. Mesh or w oven w ire fences are prohibited outside the Activity Envelope.
7. tiomeow Hers should avoid feeding cats and other pets outside their homes, including
on decks, to avoid attracting nuisance w ildlife or predators. Free roarrrng cats may
become prey for other species.
8. CDOW and County representatives may be granted access to the property to enforce
any of the dog restrictions and other w ildlife restrictions set w ithin these
recommendations. CROW enforcement may include the capture or destruction of any
dogs running at large and harassing w ildlife w ithin the property, regardless of w here
the dogs may have originated.
9. As the property is near deer and elk w inter ranges, there is the potential for damage
and use of the landscaping by big game. The property owners are hereby informed
that CDOW w ill not be liable from elk damage and not seek funding for game damage
reimbursement from CROW. Ow Hers are prohibited from scaring, chasing, or
otherw ise causing big game to leave the area in order to protect landscaping and
vegetation on the property.
ROCKY MOGNTAIN A.CC1L( )G ICAL SP.RVICIiS, INC
00~~~~
RFRP- Pane! !Y'ildlile Asressment tune 24. 2007
7. Round handled door knobs should be used for all outside doors instead of lever
handles in order to minimize a bear's ability to gain entry.
8. Bird feeders, including hummingbird feeders, should be hung away from any
window or deck, be at least 10' fromthe ground, and be suspended between 2
trees or posts. Any seed feeders should have a seed catchment pan to catch
discarded seed.
9. Homeowners should be educated about bears and other local w ildlife via a
homeow ner's brochure, such as that produced by the CROW.
Buffer Standards
The property is not near sensdive w ildlife habitats that would require buffer standards (see
section (d) General Buffer Standards). Therefore no buffers are needed for this parcel.
General Livestock and DomesticAnimals
There w ill be no grazing associated w ith this property, (see section (e) General Livestock and
Domestic Animals) associated with this property. Therefore no standards for livestock are
needed for this parcel.
Additional Species-Saecific Standards
As this property is not within deer, elk or bighorn sheep winter concentration areas (see
section (f) Additional Species-Specific Standards), no additional requirements are needed for
the applicant.
Thank you for the opportunity to comment on this property. Rease feel free to call if you have
any questions regarding this report.
Eric Petterson
Rocky Mountain Ecological Services, Inc.
ROCKY MOUNTAIN ECOL( )G7CAL, SGRVICLS, INC
7
Q~~®?9
RNRP- Pmre! IY~i146fe.9tramxnt Irne 24.2007
10. As big game moving through the area at night w ill be sensitive to lighting, exterior lights
are discouraged from being left on during the w inter months (Noverr~er 15 through
March 15'h). Lights on the exterior of the house must be dow ncast w ith shielding to
prevent lateral lighting of vegetation w ithin the area. Shielding of large w indow s w ith
w indow coverings is encouraged during nighttime hours during this time as w ell, as big
game seeing human movement w ithin the illuminated house w ill avoid the area and w ill
often flee.
Birds
The property is so dominated by lawn, bird use of the area w ill be fairly limited to only a few
cormlon species. Fbw ever the follow ing are recomrrlended, as domestic cats will leave the
area around the house, and hunt in the nearby Gambel's oak stands, where prey is more
abundant.
1. Fit cats should remain indoors, as cats w ill readily prey upon birds and can have a
significant impact on bird use in the area and on bird populations.
2. Bird feeders are encouraged, but must be brought in at night to avoid attracting
nuisance w ikll'rfe species, or potentially dangerous species such as black bear or
even mountain Zion. Any bird feeders (including hurrmingbird feeders) should be
hung aw ay from any w indow or deck, be at least 10' from the ground and be
suspended between 2 trees or posts. Any seed feeders should have a catchment
pan to catch discarded seed.
Bears
Black bears are very comnan in the area from spring (April) through fall (Noverrtber). There
are existing problems w ith bears, garbage, and people in fitkin County and some bears have
show n signs of habituation and aggression towards residents. Given that this site is adjacent
to human-bear conflict areas, and areas to the w est of the parcel contains good bear habitat, it
is inevitable that bears w ill be on the property.
The follow ing measures should be implemented to reduce potential bear problems:
1. There should be no dumps associated w ith the construction that have food items in
them that could attract bears
2. Residential garbage should be placed in bear-proof durr~sters, individual bear-proof
trash containers, or kept in trash cans inside closed buildings.
3. Residents should be discouraged from using a compost pile if they have gardens.
4. Pt'ts shouk not be fed outside. Bow Is of pet food left around buildings w ill attract
bears and other predators (e.g. coyotes or red fox) and nuisance species (e.g.
skunks, raccoon, woodrats) of w ildlife.
5. Grains and other processed feed for livestock should be kept inwell-constructed
buildings to deter bears.
6. Nut, fruit or berry producing trees or shrubs should not be used in landscaping in
order to rrrnimize an attractant for bears.
R<1Ck1'N101'NTAIN EC(7L(~Gir.;1L S8RVIC[iS, INC
000028
RFRP- Pmre! Wild6kAttuanrnt lane 14 2007
R(11:K1" MUCNTNN ECOI UGII]AI. 55R~7ChS, 1taC
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wacky Mountain Aerial Photograph Drawn By: ESP
Ecobgkal Serwces. tnc Figure
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~~' 1 w Pitkin County, Colorado
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~~~~'~,
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more eu~n area is mapped as mme aver summer range:, and was theretoxe not represented on this map.
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10
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R«ay Mountain Mule Deer Habitats Drawn By: ESF
Eeelogrcal s.rw~.,. t«. Figure
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AFRP Parre! [e iJdkfe rirrerrment luue 24. 2007
Ruq:} Yii tr!v~nvN ECULt K,1G\I. Srttvlces, ltvc 11
~~~~~
Rocky rawra„n Black Bear Habitats Drawn By: ew
Ecobgkal Services. Inc. F19U~B
0]:28oMa1 Lane ReAStone i.094,_l Wpfte Star Parcel 4 Date: June 2CC-
y'o ~J =t`-'Q Pitkin Coun ,Colorado
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ROCKY MOUNTAIN ECOLOGICAL SERVICES. INC.
NEPA ••W II,DLIFE••VEGETATION••W ILDFIRE MITiGATION••W ETLANDS••PLANNING
June 24, 2007
Grafton Srrrth
Grafton Smith Banning
0187 West Lupine Dr.
Aspen CO, 81611
RE White Star Property- Wildfire Hazard 17eview
Dear Mr. Stith
Rease submit this letter w dh your application to Rtkin County.
I visited the White Star property in Rtkin County, on June 22, 2007 w dh Mr. Grafton Smith,
the owner's representative. Mr. Sntth is preparing a hazard assessment for
redevebpment of the homesite and accessory buildings. The proposed building envelope
site is considered "Low Hazard". The topography around the homesite is approximately 5
to 10%, and the homesite is situated in an irrigated lawn. Therefore, the folow ing
Mdgations are recommended for any new construction, remodeling or redevebpment:
I. Defensible Space
As during construction nest of the vegetation w dhin at least 20' of the structure w ill likely be
removed, re-planting of vegetation must adhere to the follow ing:
1. Spacing between clumps of vegetation up to the thirty (30) foot perimeter shall be a
ninimum of one (1) tune the height of
the fuel. Maximum diameter of the
clumps shall be equal to the height of
the fuel. All measurements shall be
from the edges of the crowns of the
fuel.
2. Flammable muk:hes (wood chips) are
not allow ed w ithin 2' of the house.
3. Aspen trees are allowed near the
house, as bng as they are not w Rhin
10' of the structure, and are kept
limbed to 10' (unless the trees are
less than 10'tall). No trees of any
species may be w dhin 15' of any
window.
0222 BOBCAT LANE REDST ONE COLORADO 81623
PHONE/FAX: (970) 963-2190 CELL: (970) 309-4454
EMAIL: ERIC.PETTERSON @ST ARB AND.NET
OODU3!:
Whrte Star Prz~fi,~(r WiJdfm Harard Rexrem ]uxe 14 1007
4. Evergreen trees are allow ed w Rhin 30' of the house should be limbed to 10', and not
have any flarrmable fuels (shrubs, etc.) underneath these trees. Trees w ithin 30'
should be spaced by at least 20' feet, unless in tight clumps consisting no more than 5
trees, w hich must be separated by at least 30' to the next clump or individual tree. As
trees mature, some trees may need to be removed to remain compliant w ith #1 above.
No evergreen trees may be w Rhin 10' of the house.
5. All branches from trees and brush w Rhin a 30' perimeter shall be pruned to a height of
10 feet above the ground w Rh removal of ladder fuels from around trees and brush.
6. All branches that rray extend over the roof eves shall be trimmed and all branches
w Rhin 15' of chirmeys shall be renaved.
7. The property ow ner shall be responsible for the continued maintenance of the above
listed vegetation requirements.
II. Access
1. Shrubs or conifers are allow ed w Rhin 10' of the driveway, but must be separated
by 15' between trees or clumps of shrubs. Aspen are permitted w Rhin 10' of the
driveway, but must be pruned to 6' above the ground.
2. Low vegetation (grasses, (orbs and low shrubs) shall be kept mowed to less than
6"within 10' of efther side of the driveway.
3. Aturn-around pad w ith a mnimum 30' drivable surface inside turning radius, or a
hammerhead or other T-turn area acceptable to the Aspen Fire Rotection District
must be installed at the house.
III. Water Supply for Fire Safety
The subdivision does have hydrants, but the folbw ing should be considered:
1. When access to a public or private pressurized w ater 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 recormlendation for individual structure w ater 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
w Rh a rrinimum 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-
housesprinkler systems that meet the standards of the local fire protection district
and the IBC. At building permit subnrttal, the bcal fire protection district may require
srreller structures to be sprinkled due to hazard considerations, emergency access
difficuRies and lack of proximity to fire protection services.
Rcx.xs MOUNTAIN ECOLOC;ICAI. SHRVICh1S, INC
000035
WSite Star Pmpertu Wildfire Hazard Reaieew tune 24 2007
IV. Roofing Materials, Roofing Vents and Projections at and Below Roof Line
a) General Roofing Standards
Roofs w dh less than a 3:12 pitch are only allowed as long as they comply
w dh the following:
i. All roof coverings shall be constructed of non-combustible materials
and installed on a Gass A roof assembly.
All roof coverings shall have a surface that shall facilitate the natural
process of clearing roof debris.
iii. Rotrusions above the roofline, such as parapets, shall be prohibded.
b. Roofs shall be installed as required by the adopted Building Code and shall
have a rrdnimum roof pitch of 1:48.
c. Roof vents shall be screened w ith corrosive resistant w ire mesh, w ith
mesh'/< inch maximum opening in the screening.
d. All roof designs, coverings, or equivalent assemblies shall be specifically
approved by the Fire Marshall prior to subrnittal of a building permit
application.
b) Roofing Materials
a. Any new roofs shall be constructed w ith aminimum of aClass-A roof
covering or Gass A assembly (see IBC Section 1505.2).
b. No w ood shakes or shingles.
c) Maintenance and Miscellaneous Requirements
a. Roofs and gutters shall be kept clear of debris.
b. Yards shall be kept clear of all litter, slash and flammable debris.
c. All flammable materials shall be stored on a parallel contour a minimum of
f'rfteen (15) feet away fromany structure.
d. Weeds and grasses w ithin the ten (10) foot perimeter shall be maintained to
a height of not more than six (6) inches.
e. Firewood/w ood piles shall be stacked on a parallel contour a minimum of
fifteen (15) feet away from the structure.
f. Sw imming 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 w ithin an approved container.
R<x„xv Mc~UNTniH ti,c.<~wcrcni. Sh:RVII:L'S, Inc.
000036
Wbite Star ~1!erty- Wildfve Hara~d Renew Ipne 7a 2007
Ropane tanks shall be buried, if possible, or installed according to NFF34 58
standards and on a contour away from the structure w ith standard
defensible space vegetation rnitigation around any aboveground tank. Any
wood enclosure around the tank shall be constructed w Rh materials
approved for two (2) hour fire-resistive construction on the exterior side of
the w alls.
k. Each structure shall have a rrinimum of one ten (10) pound ABC fire
extinguisher.
I. Addresses shall be clearly marked w ith two (2) inch non-combustible letters
and shall be visible at the primary point of access from the public or conrnon
access road and installed on anon-combustible surface.
The standards stated in 7-20-60 Wildfire Hazards, has been slightly modified for the cond'Rions
at this property. Thank you for this opportunity to comment on this property, and please feel
free to email if you have any questions.
Sincerely,
Eric f~tterson
Rocky Mountain Ecological Services, Inc.
R(t(;Kl' MOLiNTAFN F,Q )LUGICAI, $FiRVICES, INC
000037
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Recorde6 a?,0 a.m. SeP 10, 1930 Loretta Banner P.eco!-dt~ ReceP: inc. Ho:^ -~~ ~'~~ rE`y
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RES(N_UT10R OF THE BOARD OF COUNTY COPt'!1SSIOgERS 1~.~fJ~ F~f
OF FITI:IN COUHT.Y. COLORA0.7. GRANT L`1G Y-JL
FIHAL PLAT APPROVAL :0 7HE
VHITE STAR RANCHES SUBCiVISION
Resolution Ho. BO - :1•r
VIIEREAS, the Grover/Hovdevsen partnership ;hereinafter referred to as
'applicant°) is the owner of record of 328 acres of real property wi:h:n
Pitkin Wunty, Colorado, and
VNEREAS, the appl tcant proposes to subdivide the property so as to
create twel re new Sirgle-family tracts and lots in a PUO clusternd Plan
:riM 253 acres retained in open space, and
iirEBEAi, the Board has ieard the evidence arwi iestiwony presented with
respect to chic appl tration.
IRRI, THEREFORE, BE IT R60LVm by the Board of County Comuissioners of
Pitkin County, Colorado, that the final plat approval fur the Vhite Star
Reaches Sidrdirtstan is hereby granted subject to the follawi~ conditions:
1. Site-specific soil studies for foundattai design aid sewage disposal
<_ites will be provided to the Building Inspector for his/her approval
prior to the issuance of building penat ts, and
2. Article 45 of the subdivision covenants shall be ame~ed ,o include the
follawtng language, "The Nhi to Star ReMhes hnaeamers' association
shall lrot convey nor otherxise alienate nor adversely affect any of
the a6orrdescrifr~ water rights necessary to continue the irrtgation
of the Mstoricsily 1rrS gated land within the coneem arrd limited use
areas of Lice IR~tte Star Benches Subdivision as the same or sham on
the amps or in the report prepared 6y Vright water Engineers
anti tied 'Irrigated LarMs of Pitkin County', dated Jaarary, 1977.
For porposes of Lhis section, `adversely affect' means to cause a
reduction in the amount, duration, or quality of the supply of water
available to satisfy as existing water use, or an alternative to
the histortc pattern of water arailabilrty for an existing pater case.
Other provistans of rhea protective covenants to the contrary not-
withstanding, the previsions of this paragraph fay may not be aaended
r~
u v \t
-- -- ----
~3~4 .. _ 457
7
a
or repeale6 or otherxi se affected wi thaut the prior eri lien aourcuz?
of the Boar6 of County Comni ssivners of Pitk ir, Coun*_y, iotarzan."
3. No besi lding permits shalt issue prior to raids and uti ii ties ring
i nstai led according to the proper County specifications except ar,
Tract 2.
1. Ownership of dogs shall be restricted to fie owners of the fathering
parcel, provided that other dogs, which are kenneled or under leash
mntrol of their owners, shall be penaitted.
5. The letter from John Doremus u Jim Hamilton dated May 20, 7980
shalt e«~stt tote the partnership's general agreement with the
Pitkin County Housing Authority.
6. The applicant shall include the follori~g notice on all options
or agreements for purchase of any lots within the Hhite Star Pooches
Subdivision: "Notice is hereby given that there is pendi rg in the
%tkis County Dtstri ct Court the case of Bradford, Inc. et al vs.
Bemistai. Inc, et al, Civil Action No. 79CY300 in whi.:h plaintif*s
seek to establish aright-vf-w¢y across Lands within Nh'te Star
Ranches Subdivision. Tow are advised that the determination of this
natter maY affect the real property which is the subject of this
wntract." This nvLlre shall 6e given until the final determination
of this titigatim.
7. Approval wilt rat be ffnat until the Canty Sanitarian has received
written evidence of the approval of the water system frpa the
Colorado Depar•baent of health.
Approved by the Bwrd of County Comissioners of %tkin Canty. Colorado,
at its regotar suing on Septevber 6, 1980.
BOARD OF COlA1TY GOM115SIOS1ER5 OF
-. - ~ PITy3R f01N(il', COLORADO
Canty 'E~r~a~-~r'--
APP1lDYEO AS TO FORM:
!~!/ ~/~~
ounty O.ttorney
D~oQ~~
` :-.
U
RESOLUTION OF THE BOARD OF COUNTY COlY11YIISSIONERS OF PTTKIN
COUNTY, COLORADO, GRANTING SPECIAL REVIEW APPROVAL TO THE
FRANZ CARETAI~R DWELLING UNIT
Resolution No. 98-?[
1. Mark and Lisa Franz, heresfier "Applicants", have applied to the Board of County Commissioners
of Pitkin County, Colorado, hereafter 'Board", for special review approval of a detached catetalter
dwelling unit to be located above an e:dsting storage building.
2. Said parcel is located at 143 Red Oak Drive, and is described as Lot 4, amended White Star
Subdivision.
3. The lot is zoned RS-20/PUD and contains 20.741 acres.
4. The Applicant proposes to deed restrict the proposed caretaker dwelling unit pursuant to Section 3-
150.130(B), Caretaker Dwelling Units, and Section 3-210.10, Special Review, ofthe Land Use
Code, hereafter "Code".
5. The Board heard this applicazion at a public hearing on February 25, 1998, at which time evidence
and testimony were preserved with respect to the application.
6. The Board finds that the application generally complies with the applicable sections of the Code.
NOW, TTBERBFF'ORE, BE TT RESOLVED by the Board that it does hereby grant approval of the
Franz Caretaker Dw •lling Unit, subject to the following conditions:
1. The caretaker dwelling unit shall be limited to 700 net livable square feet,
2. The kitchen unit shall contain at least a two-bumer stove with oven, a standard sink, and no less than a 6
cubic foot refrigerator plus freezer
3. Prior to issuance of a building permit, the applicant shall obtain and the Housing Office shall record a
caretaker dwelling Wait deed restriction.
4. Housing Office staff shall inspect the unit prior to issuance of a Certificaroe of Occupancy.
5. Should the Applicant decide to install a fireplacdwaodstove, a fireplace application must be filed with
the Environmental Health Department
6. The proposed renovation of the erdsting wood cabin shall not be such that the cabin can be used as a
dwelling unit
I"II~ "I~I ~'~"I'II'II'f~'II'II~ II"I III "I') III I"I
414s~7 03/26/1991 11:03A RESOI.UTI DRYIS SIWI
O O O ~ ~ ® 1 of 2 ,R 13.00 D 0.00 N 0.00 PITKIN COUNT? CO
Resolution No. 98-_
Page 2
NOTICE OF PUBLIC HEARING PUBLISHED INi THE ASPEN TIlYIES ON THE 24TH DAY OF
JANUARY, 1997.
7. Aseptic permit shall be obtained from the Environmental Health Department prior to issuance of a
building permit
8. A letter of intent from the community water district to service the proposed unit shall be submitted prior
to the issuance ofbuiiding and septic permits.
9. The applicant shall adhere to all material representations made in public hearings and in the application.
APPROVED AND ADOPTED ON TSE 25TH DAY OF FEBRUARY, 1998.
YeS~ NoTice PU~.C/..s~{N,~ /N 7t/~'AS~~N 7Z~ oN TfisE' y `~.D~y aF A~k/L /~~
ATTEST:
/i
' • J9i stteSoaee-~CyNdee .D'e.4ycJ
Deputy Clerk and Recorder
Date ~ -~:5- 9.i~
APPROVED AS TO FORM:
~. ~
John Ely,
County Attorney l
Case #P150.97
PID #2643-221-10.004
BOARD OF COUNTY COMMISSIONERS
OF PITIOTl~COUNTY, COLORADO
Dorothea Farris
Chair
APPROVED AS TO CONTENT:
Cindy Houben,
Community Developmern Director
I "III "I'I "I"I III~II III ~II~II~ IIt'~ III "~I' II'I I"I
414!07 03/20/110x8 iis03ii RESOLUTI DpVIS SILVI
2 of 2 R 11.00 D 0.~ N 0.00 PITKIN COWf7Y t2f
~~~f~~2 q
•
DISTRICT COURT, WATER DIVISION 5, COLORADO
Crarfield County Courthouse
109 8~' Street, Suite 104
Glenwood Sgrings, CO 81b0I
970/945-5075
IN THE APPLICATION FOR WATER RIGHTS
FOR LISA MARIE SWALM, 1997 TRUST, ~
~
in Pitkin County r UsE ont,v
~ rnutt
Case Number.
Attorneys: Scott C. MifleT, #26181
OICW365
Patrick, Miller & Knopf, P.C.
7;0 E. Durant, Suite 200
Aspen, CO 81b11
970/920-1028 -Telephone
il
i -
e
m
9701925-6847 -Facs
miller@waterlaw.com
RULING OF REFEREE
The above entitled Application was filed on December 31, 2001, and was referred to the
undersigned as Water Referee for W ater Division No. 5, Slate of Colorado, by the taster Judge
of said Court, in accordance with Article 92 of Title 37, Colorado Revised Statutes 1973, known
as The Water Right Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations as are necessary to
determine whether or not the statements in the Application are true and having become fully
advised with respect to the subjectmatter of the Applicarion does hereby make the following
determination and Ruling as the Referee in this matter.
FIlVDINGS OF FACT
The statements in the Application are true .
D~n~~.2
Case No. O1CW365
Ruling of the Referee
Page 2
Name, address and telephone number of Applicant:
Lisa Marie Swaim, L997 Trust
c1o Compass Bank, Co-Tnrstee of the Lisa Swaim Frantz Trust
c/o Patrick, Miller & Kropf, P. C.
730 East Durant, Suite 200
Aspen, CO 81611
(970)920-1028
FIRST CLAIM
SURFACE WATER RIGHT
3. Name of structure: Frantz Spring.
4. Legal description of point of diversion:
The spring is situated in the NW%< of the NEl/4, Section 22, Township 9 South, Range
85 West of the 6°i P.M_, 1167 feet south of the north line of Section 22 and 1552 feet
west of the east line of Section 22, Township 9 South, Range 85 West of the 6'" P.M.
(Pitkin County). A map indicating the location of the Frantz Spring is attached hereto as
Exhibit "A".
5. Source: A natural spring tributary to the Roaring Fork River.
A. Date of Appropriation: September 15, 2001 for conditional uses; July 15, 1985
for absolute uses.
B. Date water applied to beneficial use: N-/A for condifional uses; July 15, 1985 for
absolute uses.
C. Flow appropriation was initiated: Field inspection, survey, formulation of intent
to apply water to beneficial use, manumentation and posting of notice for
conditional features; construction, diversion and applicatiott ofwater to beneficial
use for absolute uses.
6. Amount claimed: 0.5 c.Es, absolute, for the filling of one existing pond and the irrigation
of approximately 2.6 acres; OS o.fs., conditional for all other claimed uses. See remarks
below for further limit.
7. Uses or proposed uses: irrigation, fire protection, filling of the Frantz Water Features and
wetlands creation.
8. Legal description and acreage of land to be irrigated:
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00004'
. >~;.
.7istrict Court. Water Division ~ "
Case No. OtCW365
Ruling of the Reteree
Page 3
.Approximately 7 acres on Tract 4, Amended White Star Ranches Subdivision and
P.U.D., as described in Piat Book i7, Page 32, Pitkin County Clerk and Recorder.
9. The name and address of the owner of the land upon which the point of diversion is
located is: Applicant; the name and address of the owner of the land upon which the
place of use of the water is or will be is: Applicant.
10. Remarks: Based on a duty of water of 1 cfs for 40 acres, Applicant shall be limited to a
direct flow rate of 0.065 cfs for the 2.6 acres of irrigation use, claimed absolute. Upon
completion of the conditional appropriation for the Frantz Spring, Applicant shall be
limited to a direct flow rate of 0.175 cfs for total of 7 acres of irrigation use.
SECOND CLAIM
STORAGE RIGHTS
1 I . Name of Structure: Frantz Water Features.
12. Description of water features: The Frantz Water Features includes four or more ponds;
shallow pools; wetlands within an existing and newly-created ditch course; and entry
water feature.
13. Legal Description of point of outlet from Frantz Water Features:
The point of outlet from the Frantz Water Features is situated in the NW'/< of the NElJ4,
Section 22, Township 9 South, Range 85 West of the 6s' P.M-, 992 feet south of the north
line of Section 22 and 2371 feet west of the east line of Section 22, Township 9 South,
Range 85 West of the 6a' P.M. (Pitkin County). A map indicating the locations of the
Frantz Water Features is attached hereto as Exhibit "A".
14. Source: Frantz Spring; local nm-off
15. A. Date of Appropriation: September 15, 2001 for conditional features; July 15,
1985 for absolute features.
B. Date water applied to beneficial use: N/A for conditional features; July 15, 1985
for absolute features.
C. How appropriation was initiated: Field inspection, survey, formulation of intent
to apply water to beneficial use, monumentation and posting of notice for
conditional features; construction, diversion, storage and application of water to
beneficial use for absolute features.
16. Amount claimed: 239 acre feet, conditional; with right to fill and refill when in priority;
0.064 acre feet, absolute for one existing pond, with right to fill and refill when in
priority.
W:1Fnntz. Liu1656 AWIeadings~RulingatReferee CLtAV 9-26-~17.doc
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c,:ase rvo. vi~.w~o~
Ruling of die Referee
Page 4
17. Uses or proposed uses: Irrigation, aesthetic, fire protection, piscatorial, wetlands
creation.
18. Maximum height of any darns associated with the Features: Less than 10 feet.
19. Length of dams: Maximum length of any dam is 100 feet.
20. Total capacity of water features combined: 2.65 sere-feet
21. Active capacity of water features combined: 2.65 acre-feet.
22. Dead storage: 0 acre-feet
23. Surface area of water features combined: 0.47 acres
24. Name and capacity of spring Ieading to water features: 1.0 e.fs.
Z5. Legal description and acreage of land to be irrigated:
Approximately 7 acres on Tract 4, Amended White Staz Ranches Subdivision and
P.U.D., as described in Plat Book 17, Page 32, Pitian County Clerk and Recorder.
26. The name and address of the owner of the land upon which the point of diversion is
located is: Applicant; the.name and address of the owner of land upon which the place of
use of the water is or will be is: Applicant
COIVCLUSIOPIS OF LAW
This Court has jurisdiction over the subject matter of this Application pursuant to C.R.S.,
§37-92-203.
2. Timely and adequate nofice of the Application was given as required by law.
3. The Application is complete and covers all applicable matters required under C.R.S. §37-
92-302.
3UDG~NT r+u~iD DECREE
The Referee does therefore conclude that the above-entitled Application should be
eranted as follows-
1. The Applicant shall be granted a Decree finding that it has shown reasonable diligence in
perfecting the conditional water rights of the Frantz Spring and Frantz Water Features and the
W_~Fnnv lisaVi56 AiPkadm~~2nlingofRefuee CLEAN 9-25-a3.doc
•000045 ~,u00o
District Court, Water Division ~ ' ~
Case No. OtCW36=
Ruling of the Referee
Page 5
same shall continue in full force and effect throughout the next succeeding diligence period. The
specific amounts for each of the above water rights follow below:
2. The Applicant shall be granted a decree awazding an absolute water right for the Frantz
Spring in the amount of 0.5 c.fs. for irrigation of approximately 2.6 acres and Suing of one
existing pond; and 0.5 c.fs., conditional, for other claimed uses.
3. The Applicant shall be granted a decree awarding an absolute water right for one existing
pond of the Frantz Water Features in the amount of 0.064 acre feet, with right to fill and refill
when in priority, and 2.39 acre feet, conditional rights, with a right to fill and refill when in
priority and to be used for irrigation, aesthetic, fire protection, piscatorial and wetlands creation.
4. This Ruling shall be filed with the Water Clerk subject to judicial review.
5. A copy of this Ruling shall be filed with the appropriate Division Engineer and State
Engineer.
6. Application for a Hexennial Finding of Reasonable Diligence for the remaining
conditional portions of the above listed water rights shall be filed in , 200_, and in
every sixth calendaz year thereafter so long as the claimant desires to maintain these conditional
water rights or until a determination has been made that these conditional water rights have
become absolute water rights by reason of the completion of the appropriations, SUB7ECT,
HOWEVER, TO ALL EARLIER PRIORITY RIGHTS OF OTHERS and to the integration and
tabulation by the Division Engineer of such priorities and changes of rights in accordance with
law.
Dated this _ j~~y of io , 200
Qyof~R9 mailed to eN Counsel
uad S^p"h".,EW~wa°~, Dlv, Engl~-
n 0
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„Itgckt• 1~na:t><.& V/si wn.{„+.~,
~vr ~>~~ f~es~a'ng mega a s~ camel
of Rerbr ~Ovat Re~ree, Dfv. F.nggtNlf `
and State Enginee
t~
WATER REFEREE:
~...`DJ-;47`-~~0~
DantZl'B_Petre; Water Referee
Water Division No. ~
State of Colorado
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Case No. UICW Sb~
Ruling of the Referee
Page 6
No protest was filed in this matter, accordingly. The foregoing Ruling is confirmed and
approved, and is made the judgnent a~ndj~decree of this Court
Dated this ~ day of 7~~ ' 2~
Copy of the g mailed to aA Cotmsel
of Read er R Civ. Engbtee~
eeM state Err~t
~~h, pp~~m+wer Fnw a
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~7
C omas pssola, Water 3u e
Water Division No. 5
State of Colorado
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CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that
L[SA MARIE SWALM 1972 TRUST are the owner's in fee simple of the following described property:
PARCEL A:
TRACT 4, AMENDED WHITE STAR RANCHES SUBDIVISION AND P.U.D., according to the Plat thereof
recorded February 22, 1988 in Plat Book 20 at Page 65.
PARCEL B:
Anon-exclusive easement for ingress and egress serving the amended White Star Ranches Subdivision and
PUD, as set forth in Easement Agreement recorded April 12, 1979 in Book 366 at Page 481 and Amended by
First Amendment to Easement Agreement recorded February 22, 1988 in Book 557 at Page 461.
ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: 143 Red Oak Drive, Aspen, CO
81611
ENCUMBRANCES:
NONE
This certiticate is not to be construed to be a guarantee of title and is furnished for informational purposes only.
PITKIN COiJNTY TITLE, WC.
BY:
authorized signature
CERTIFIED TO: June 4, 2007 at 8:00 A.M.
Job No. 231 1
000049
s •
Date: June 5. 2QQ7
o: Pitldn Coumy Commuaity DevcloprxxiGnt Depamnent
From: i.isa Frantz
Re: Permissicm to submit Land Use Application(s) for my property atOl43 Red Oal:
Drive, Aspen, Colorado with Parcel ID Nntnher 2643-221-I-004.
I hereby authorize Grafton 3Vt. Smith bo submit land uae applications fior and ~~,~
represent my above property in mat~ts concerning Activity Envelope, Sim Plan,
f,atetaker t3welii~ ilnit, Growth ivtanagement Quota System, send T'DR Receiver Site
applications and other related lead use issues.
Lisa Prantz
~ / / Yf /J1~,1 ~ia~~
Owner ~~'"---
000050
B
k
® C P.°. ~°` 4BBd
an
ompass Houston, Texas ~~210~"BB5
Weatth Management Group 913-d'31-595F
'
Fax %13-831-5%
/3
juan.salazer~com°assbank.cnm
Juan L. Salazar
~ Vice PresiC°nt
Date: June 27.2007
To: Pitkin County Community Development Departnent
rrom: Juan L. Salazar
Vice President
Compass Bank Wealth Management Department
2001 Kirby Drive -Suite 3 i 1
Houston, Texas 77019
Re: Lisa Marie Swaim 1972 Trust - 0143 Red Oak Drive, Aspen, Colorado
Pazcel ID Number 2643-221-1-004
Tract 4, White Star Ranch Subdivision
Compass Bank as Co-Trustee of the Lisa Marie Swaim 1972 Trust hereby authorizes
Grafton M. Smith to submit land use applications for and represent the Trust in matters
concerning the referenced property's Activity Envelope, Site Plan, Caretaker Dwelling
Unit, Growth Management Quota System, and TDR Receiver Site applications and other
related land use issues.
Compass Bank, Co-Trustee for the Lisa Marie Swaim 1972 Trust
~aazr L. ~atazar ----
Vice President
000051
PITION COU~ COMMDNITY DEVELOPIVID~I' DEPARTMINI'
AGREIII~TI' FOR PAYNIF~TP OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and Lisa Marie Swaim 1972 Trust (hereinafter
APPLICANT) AGREE AS FOLLOWS:
I. APPLICANT has submitted to COUNTY an application for 20t1~ GMOS Competition For
Additional Floor Area. (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 022-2006 establishes a fee
struchue for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee siructme is based on the County's policy that
development shall may, in fidl, the cost of development review in Pitkin County. Foes have been set to
be consistent and fair to the public and to reflect the expense incurred in providing such services to the
public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full extent of the costs
involved in processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall
accumuhrte if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners to make
legally required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect
full foes prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of S4A91.00 which is based on ~$ hours of staff tip, and if actual time spent by staff to
process the appliption exceeds the average number of hours by more than 20%, then the COUNTY
will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be
made within 30 days of the billing date. APPLICANT further agrees that turbos to pay such accnred
costs shall be grounds for suspension of processing.
PITION COUNTY APPI.ICAIVT
Lisa Marie Swaim 19'
sy
Cindy Honben
Community Development Director
Effective 7/L6/06
G:oo~yldm®~6n,m~peement eo WY
Swaim 1972 Trust
Date: l/~~
Mailing Address: 0187 West Lupine Drive
Aspen, Colorado 81611
000(35?
LISA SWALM FRANTZ
WILLiAMSBURG apeciat account
11303 Wiftiamsburg Driae
Houston, TX 77024
~~~
(~~ a~ Pitlcin County Treasurer
\~t Four thousand five hundred sevenl
1 Pitkin County Treasurer
THE BANK OF RIVER OAKS 1411
PFIONE (773) 5208257
W W W.BANKOFRIVEROAKS.NET
36252317130
06/26/2008
~ $,•4.570.00
and 00/100»,.......»,.«.,,,__.....»»....:,,.....«,«,.,«..,..«»...,,..,...~allaA,S 8
~~-~'.
II.OOL4iin^ ~:ii302523i~: i402i9711•
usa swntM FRArrcz
06128/2008
Primary - Williamsbul
Pitlcin County Tr~suner
GMQS Appligfion Filing Fee
1411
4,570.00
4,570.00
000053
Lisa Marie Swalm 1972 Trust
Caretaker Dwelling Unit Special Review
ADJACENT PROPERTY OWNERS
STAR MESA LOTS 4 & 5 264322100001
PAYNE GULCH LLC
555 17TH ST #2400
DENVER, CO 80202
WHITE STAR RANCHES PARCEL 3 264322110003
MERILEE H & ROY J BOSTOCK
7 S MANURSING ISLAND
RYE, NY 10580
CRAIG RANCH PARCEL 7 264315400009
KATHLEEN CRAIG
49 MCGEE RD
GREAT BARRINGTON, MA 01230
WHITE STAR RANCHES LOT 5 264322210005
GEORGE I & ELLEN HODOR
600 HARDSCRABBLE RD
CHAPPAQUA, NY 10514
WHITE STAR RANCHES COMMON AREA 264322210010
WHITE STAR RANCHES HOA
C/O OATES & GARDENSWARTZ / D KELLY
533 E HOPKINS AVE 3RD FL
ASPEN, CO 81611
ii~:;i '~-larir ~S~~a1m 197>l ru;i luh ~OOti (~tih )ti Floor Arcu Cnmpcliiion
Parcel ID: 'h-li ??I I11 U01
OQ~drl
n
U
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
LOCATION: White Staz Ranch Subdivision, 143 Red Oak Lane
ZONING: RS-20
OWNERS: Lisa Marie Swalm 1972 Tmst
REPRESENTATIVE: Grafton Smith
DATE: June 25, 2008
PID# 2643-221-]0-004
SIZE: 21 acres
PLANNER: Mike Kraemer, 920.5482
Type of Application: GMQS application for additional floor area.
Description of Project/Developroent: The Applicant intends to compete in Growth Management for additional floor area.
The Applicant was denied a GMQS allocation 6 months ago and intends to submit again.
Land Use Code Sections to be addressed in letter of neauest (apulicationl:
Sec. 6-40-20: General Standards for Allotments and Competition
Sec. 6-50: Rural Area Residential Competition System
Staff will refer the application to the following agencies: Woody Creek Caucus.
Review by: Community Development Director for activity envelope.
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-]00(a)(3) ofthe 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 appeaz 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 postmazked to submit comments or objections to the Community Development Department.
FEES: $4,570 (make check payable to "Pitkin County Treasurer")
• Planning Office flat fee: $4,491 (non-refundable; based on 3 hours of Staff time. If staff review time exceeds ] 8
hours, the Applicant will be charged for additional time above 6 hours at a rate of $249/hour)
o Public Notice Fee: $54
o Web Technology Fee: $25
To apply, submit 16 conies of the following information, unless noted otherwise;
(Please be advised that more copies may be requested:
1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing
compliance with the Code sections listed above.
2. Growth Management Scoring and Allotment requirements as specified in Section 2.3.2 of the Pitkin County Land Use
Application Manual.
3. Previous Land Use Approvals (if applicable);
4. Proof of ownership of subject property;
5. Pazcel description, including legal description and vicinity map;
6. Total fee for review of the application;
7. Signed fee agreement (1 copy);
8. Consent from owner(s) to process application and authorizing the representative (1 copy)
9. List of all adjacent property owners and mineral estate owners (1 copy)
10. Copies of this pre-app form.
NOTES:
OODU55
- PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION PLEASE SUB~LfIT TWO-SIDED COPIES
OFALL REMAINING COPIES OF YOUR APPLICATION (IFPOSSIBLE). THE PARCEL !Ds SHOULD BE INCL UDED ONALL DOCUMENTS
B1'CLUDED IN YOUR APPLICATION.
- ALL MAPS SHALL BE FOLDED.
- Thespre-application conference summary is advisory in nature and not binding an the County. The information provuted in [his summary is
based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be
required upon a complete review of the application.
00006
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RE: 2008 RURAL RESH)ENTIAL GMQS COMPETITION FOR ADDITIONAL FLOOR
AREA
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 16,
2007 at a meeting to begin at 5:00 PM before the Pitkin County Planning and Zoning
Commission, in the Plaza One Conference Room, 530 East Main Street, Aspen, Colorado to score
the following applications for growth management allotments for additional floor area in the
Rural Area:
• Nancy K. Nemerovslci Trust (P084-08) (P.O. Box 17161, Snowmass Village, CO
81615): Requesting 1,500 square feet of additional floor area in the Rural Area. The
property is located on Lazy O Road and is legally described as Lot 6, Lazy O Ranch. The
State Pazcel Identification Number for this property is 2645-034-0]-006. For further
information contact Mike Kraemer, at the Pitkin County Community Development
Department (970)920-5482.
• Lisa Marie Swalm 1972 Trust (P085-07) (P.O. Box 810490, Dallas, TX, 75381-0490):
Requesting 8,984 square feet of additional floor area in the Rural Area. The property is
located 0143 Red Oak Lane, and is legally described as Lot 4, Amended White Staz
Ranches Subdivision. The State Parcel Identification Number for this property is 2643-
221-10-004. For further information contact Suzanne Wolff at the Pitkin County
Community Development Department (970) 920-5093.
s/ Paul Rudnick, Chair
Pitkin County Planning and Zoning Commission
Published in the Aspen Times Weekly on April 10, 2008.
Pitkin County Account 002.02.
Public Private x
is Private x
PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
July 18, 2008
Grafton Smith
0187 West Lupine Drive
Aspen, CO 81611
graftonsmith@comcast.net
Re: Lisa Marie Swalm 1972 Trust 2008 GMQS Competition for Additional Floor Area
(PID#2643-221-10-004; CASE # P085-O8)
Deaz Mr. Smith:
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 chazge of the review will request the infornation from you directly.
We have scheduled this application at a public hearing before the Pitkin County Planning and Zoning Commission
on Tuesday, September 16, 2008 at a meeting to begin at 5:00 pm before the Pitkin County Planning and Zoning
Commission, in the Plaza One Conference Room, 530 E. Main Street, Aspen, Colorado. Should this date be
inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date
will be considered final and changes to the schedule or tabling of the application will only be allowed for
unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the
memo pertaining to the application is available for you to pick up at the Community Development Office.
Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to
the public hearing (and remove it within one week after). You are also required to mail notice (you may obtain
a copy of the public notice from our office) to all adjacent property owners and mineral estate owners at least 30
days prior to the heazing with the return address of the Community Development Department given above. The
names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than
60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting &
Mailing as proof of compliance with the code at the hearing.
If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at (970) 920-5093.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit (Code Section 2-20-100)
PITHIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5526 FAX (970) 920-5439
MEMORANDUM
TO: Woody Creek Caucus
FROM: Suzanne Wolff, Community Development Department
RE: Lisa Marie Swalm 1972 Trust 2008 GMQS Competition for Additional Floor Area
(PID# 2643-221-10-004; CASE# P085-08)
DATE: July 18, 2008
Attached for your review and comments are materials for an application submitted by Lisa Marie
Swalm 1972 Trust. The Pitkin County Planning and Zoning Commission will review the application
on September 16, 2008.
Please return your comments to me by Friday, August 29, 2008.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU
HAVE NO FURTHER NEED OF THEM.
Thank you.
Suzanne Wolff
From: Grafton Smith [graftonsmith@comcast.net]
Sent: Wednesday, July 09, 2008 3:19 PM
To: Suzanne Wolff
Subject: Re: Swalm 2008 GMQS
I would think that for the purposes of helping our GMQS score, that the commitment would
be fine either way but hopefully the donation would be more effectively utilized if it was
helpful in getting such a County program off the ground. It could be a nice start.
Juat want to make it evident that we are seriously trying to make all our commitments
thought out, targeted and effective in responding to real needs.
Please keep in mind that if the County decides to take a pass I will need time to contact
the Colorado Water Fund people to get an acceptance letter prior to your review.
If at any time you see something in the application that has you scratching your head
please let me know. There are are some good projects we are trying to support and I would
hate to lose them because I didn't "see the forest for the trees." Lance and I went around
and around on 0876 Snowmass Creek LLC GMQS last year and I think a lot of good things for
the County came out of it.
Thank you again - I appreciate your time and effort.
Grafton
> From: Suzanne Wolff <Suzanne.WOlff@co.pitkin.co.us>
> Date: Wed, 9 Jul 2008 10:32:19 -0600
> To: Grafton Smith <graftonsmith®comcast.net>
> Conversation: Swalm 2008 GMQS
> Subject: RE: Swalm 2008 GMQS
> Thanks Grafton.
> On the water issue, I think the County may be looking into something
> like that, but I would need to talk to John Ely first to see where
> that stands. So probably makes sense to wait til I have a chance to
> look at the application and talk to Ely before we discuss.
> -----Original Message-----
> From: Grafton Smith [mailto:graftonsmith~comcast.net]
> Sent: Wednesday, July 09, 2008 9:40 AM
> To: Suzanne Wolff
> Subject: Swalm 2008 GMQS
> Dear Suzanne: Looks like we are at it again. Please find attached an
> addendum to our GMQS application relating to the early funding of
> three of our commitments.
> I would also like to talk with you about our water commitment where we
> offered a donation to help with minimum stream flows. We proposed to
> donate the funds to the Colorado Water Trust but if Pitkin County has
> formed or plans to form a similar fund to purchase water rights we
> would be willing to point the doantion in that direction instead. The
> moneys might even form the seed money for getting such a program off
> the ground.
> Let me know what you think.
> Thanks.
> Grafton
> r f
1`~ ti ~ 4~ ~ Lc 1ti F-ti.i r.l
i
County of Pitkin }
} ss.
State of Colorado }
AFFIDAVIT OF NOTICE & MAILING
PURSUANT TO COUNTY LAND USE
CODE SECTION 4-90
I,_GRAFTON SMITH ,being or representing an
Applicant to the Pitkin County Development Permit, personally certify that I have complied with the
public notice requirements pursuant to Section 490 of the Pitlcin County Land Use Regulations in the
following manner:
1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to all owners of property adjacent to the subject property, as
indicated on the attached list, on the 9 day of AUG, 2008 (which is 38 days prior to the public hearing
date of SEPT 16). The names and addresses of the adjacent property owners shall be those on the
current tax records of Pitltin County as they appeared no more than 60 days prior to the public hearing.
2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject
property, as indicated on the attached list, on the day of , 200_ (which is _ days prior to
the public hearing date of ~. The names and addresses of the mineral estate owners shall be those
on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public
hearing.
3. By posting a sign in a conspicuous place on the subject property (as it could be see rom the nearest
public way) and that said sign was posted and visible continuously from the 25 day oAUG, 2008 to
the 16~' day of SEPT, 2008. (Must be posted for at least fifteen (15) full days be the hearing date). A
photograph of the posted sign is attached hereto. ; ~
Signed before me this_~'`~' day of 5~~ z~~~,
200~by
G~~~~~ ~ ~~~~~
u..-~_ .. •.IJPM
LACE: Plaza One Conference li.
ast Main Street, Aepeo, Coiora~r
PURPOSE:: P82 Review o! Us:. ~_.. ~ ~~
Swelm 1972 Truet 2008 GMOS Com„r. r.,.. _ _ _ _
for Additional Floor Aree . _ _ _ ..
IPIDN2G43-221-10.004: CASE A P085-OBj
0043 Retl Oak Drive, WSR, Aspen, GD
ra • o sc.n* o.i.o..w.~~ cow~ene ~ 9io axo-~n~an..
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: ~~_~ f '~n~'~
Notar Public
Notary ublic's tore
NICOLE BROWN
NOTARY PUBLIC
STATE OF COLORADU
....~
NAyCommission Expires 5i~;,, `, , .-
PITKIN C~NTY COMMUNITY DEVELO~'IENT
Permit Receipt
RECEIPT NUMBER 00026254
Name: Lisa Swalm Frantz
Date:7/1/2008
Project Address: 143 RED OAK LN
Type: check # 1411
Permit Number Fee Description
Amount
0085.2008.PLAN PP- Flat Fee
0085.2008. PLAN
PP-Clerk Tech Fee 4,491.00
0085.2008.PLAN
PP- Public Notice Fee 25.00
54.00
Total: 4,570.00
LARGE PLAT(S)
AVAILABLE TO VIEW AT
COMMUNITY DEVELOPMENT
AVAILABLE TO BUY AT
CLERK & RECORDER