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HomeMy WebLinkAboutpitkin.planning.264522400022 (2008)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) .,~ .,~;. c Parcel ID: 2645-22-4-00-022 Application Date: 9/9/08 Case No: P111-08 Description: Planner: Cari Anne Holcomb # Copies: 4 Allocated Hours: 10 Project Address: 51 SHIELD O RD, SNOWMASS, CO 81654 % Over Hours: 12 Property Owner: WALKER-BRINSON Owner's REP: GLENN HORN Address: 5000 ESTATE ENIGHED PMB #8 Owner Phone: Address: 215 S MONARCH ST, 104 REP's Phone: (970) 925-6587 ASPEN, CO 81611 REP's Email: Referrals: FIRE DEPT -BASALT Other Referrals: Snowmass/Capitol Caucus CDOW ALL OTHER REFERRALS Comments Due Date: 11/12/2008 Meetings: 1st Meeting: 2nd Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 10I12I2008 Meeting Notes: vpn to rep & jj 11/26/08/Ibj 3rd Meeting: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 111-2008 #554613 Other Information: VR Approval Date: 11/20/2008 Plat Recorded Date: 09/25/2009 VR Expires Date: 11/20/2011 Plat (Bk, PG): 691 P90 #563116 Remarks: Deter to rep 12/4/08//bj Application Type: Activity Envelope Vested Rights -Extension/Reinstatement ADMINISTRATIVE DETERMINATION OF THE COMNIiTNITY DEVELOPMENT DIItECTOR OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE WALKER-BRINSON ACTIVITY ENVELOPE REVIEW Administrative Decision No~~ ~ -2008 RECTTALS 1. Christina Walker-Brinson (hereafter referred to as "Applicant") has applied to the Community Development Director of Pitkin County ("Director") for Activity Envelope Review with vested rights. 2. The Lot is generally described as Lot 14 of Shield O Terraces. It is zoned RS-30 and is approximately 5.1 acres making it non-conforming in size. PID41:2645-224-00-022. (Legal Description, Attachment A). 3. In 2000, the Lot received an extension of vested rights and exemption from the Resolution No. 96-19 Moratorium pursuant to Resolution No. 094-2000. The vested rights expired for this approval and the Lot then received 1041 Hazard Review approval pursuant to Administrative Decision No. 09- 2004. Vested Rights for this approval expired on February 7, 2007. The Lot is currently vacant. 4. The Lot is mapped within elk winter range and in mapped in a severe wildfire hazard area. The Applicant has proposed an envelope that avoids stcep slopes. 5. The Application was referred to the CDOW, Snowmass/Capitol Caucus, Basalt Fire District, and the Shield O' Terrace HOA. Comments were received from the Shield O' Terrace HOA. 6. The affidavit of public notice was mailed on October 7, 2008 to the adjacent property owners of the subject parcel. No comments were received within 30 days. Public notice was published in the paper on October 12`s, 2008. 7. The Dvector finds that the hazards on the Lot can be mitigated if the conditions outlined below are adhered to. 6. The Director finds this request is consistent with the requirements of the Land Use Code. APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall wnsider those representations to be conditions of approval, unless amended by other conditions. 2. Site plan approval is required prior to submission of any building permits. Approval of this activity envelope does not ensure approval of site plan review. 3. Prior to submission of the Site Plan application, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application manual Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization and recordation. The Activity Envelope Plan shall also incorporate the followine chaneer RECEPTION#: 554613, 11/2612008 at 01:13:44 PM, 1 OF 8, R 50.00 Doc Code ADMIN P°se ~ °l~ DECISION Janice K. Vos Caudill, Pitkin County, CO III-zoog A. Remove the portion ofthe Activity Envelope that is proposed offthe property; B. Remove the portion ofthe Activity Envelope that is within the roadside and utility easement. 4. No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive Bade. Any development located within setbacks mandated by County zoning regulations shall require a vaziance from the Boazd of Adjustment. 5. The Applicant shall adhere to the following severe wildfire standards: A. DEFENSIBLE SPACE The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): ]. Brush, debris and non-ornamental vegetation shall be removed within a minimum ten-foot (] 0') perimeter around all structures. 2. ~ Vegetation shall be reduced to break up the vertical and horizontal continuity ofthe fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). 3. Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height ofthe fuel. All measurements shall be from the edges of the crowns of the fuel. 4. All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 5. Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed.\ 6. All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 7. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 8. All deadfall up to a one hundred (100) foot perimeter shall be removed. 9. No new conifer trees shall be planted within ten (] 0) feet of a residence. ] 0. No flammable mulches shall be placed within two (2) feet of a residence. 11. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. ACCESS l . Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Colorado State Page 2 oJ7 ltl-zing B. ACCESS 1. Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriff s Department, local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. Where feasible, looped routes of access/egress to a public road shall be incorporated in the design of a proposed development. Looped routes of access/egress is defined as two (2) or more dedicated access roads to the main artery/highway for widely separated ingress/egress; looped drives with one (1) entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Community Development Departrnent may approve vehiculaz turnaround areas a maximum of seven hundred fifty (750) feet apart installed between the road intersection and its terminus. Turnaround areas shall be the same standard as cul-de-sac turnaround pads; these may be incorporated into the proposed driveway entries. 2. New dead-end streets shall not be permitted, except for cul-de-sacs and other turnarounds accepted by the applicable local fire district. 3. Cul-de-sac turnaround pads shall have a minimum of a thirty (30) foot drivable surface inside turning radius or a hamme7head or other T-turn area acceptable to the applicable local fire district. 4. New driveways and access roadway shall enter the roadway at aninety-degree (90°) angle for the first twenty-five (25) feet of the driveway. 5. Fuel breaks as recommended by a wildfire expert approved by the County may be incorporated into the design of access roads or driveways. C. WATER SUPPLY FOR FIRE SAFETY ]. When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by the Community Development Department and the local fire district. 2. Any fire departrnent recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district with a minimum of one thousand (1,000) gallon storage capacity per structure. 3. Regardless of size, all structures (including detached garages and horse barns) where humans congregate regularly that are located within areas identified as containing "C--Severe Hazazd: Trees" or "X--Severe Hazard: Brush" wildfire hazard shall be required to install in-house sprinkler systems that meet the standazds of the local fire protection district and the adopted Building Code. 4. All structures greater than five thousand (5,000) square feet in size shall be required to install in-house sprinkler systems that meet the standazds of the local fire protection district and the adopted Building Code. At building permit submittal, the local fire protection district may require smaller structures to be sprinkled due to hazazd considerations, emergency access difficulties and lack of proximity to fire protection services. D. ROOFING MATERIALS, ROOFING VENTS AND PROJECTIONS AT AND BELOW ROOF LINE Unless the wildfire expert has recommended a different method of construction, roofs and projections at or below roof line in Severe Wildfire Hazed Areas shall be constructed according to the following specifications: Page 3 oj7 iii-zc>og 1. Medium Hazazd Area a. Roofing Materials b. Class A covering or Class A Assembly as defined by the currently adopted building code. c. No wood shakes or shingles. 2. Roof Venting a. Soffit venting shall be located in the outer 1 /3`d portion of the overhang. b. Attic, soffit and other roof venting shall be ofnon-corrosive metal mesh with maximum ''/a" openings. 3. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: a. Sheath with non-combustible materials, or b. Combustible materials underlain with 5/8" Type X gypboard or equal, or c. Minimum 4x6 rafters with 2x T&G decking. 4. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. Any methods approved for Severe Wildfire Hazard Areas may be used in Medium Wildfire Hazard Areas. E. Severe Hazard Area All requirements for Medium Wildfire Hazard Areas apply with the following modifications: 1. Roofing Materials: a. Class A covering or Class A Assembly as defined by the currently adopted building code. b. No wood shakes or shingles. c. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: d. One (1) hour rated material or any material underlain by 5/8" Type X gypboazd or equal, or e. "Type IV" Heavy Timber materials, per the currently adopted building code. 2. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: a. Construction with noncombustible or one (1) hour rated material, or material with flame spread <25 (tested to ASTM E84 and listed for exterior use), or 3. Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypboard or equal (decking as "a" above), or 4. "Type IV" Heavy Timber materials: joist and beams minimum 6"x10", columns minimum 8"x8", decking minimum 4" in depth, or decking as "a" above; or equivalent log construction, or 5. Enclose projection vertically to ground with one hour fire resistive materials. Railings Railings must be constructed of noncombustible or "Type fV" Heavy Timber materials. Exterior of the Structure, Including All Walls a. One (1) hour fire resistive rated materials, or b. 5/8" gypboard underlying combustible materials, or Page 4 of 7 II ~- zca~~' c. Cement stucco, minimum'/<" thickness. d. All glazing to be tempered glazing; and e. Doors to be metal or wood 1 '/<"thick minimum. 2. Foundations a. Foundations, skirting, and crawl space openings shall be fully enclosed and constructed with materials approved for one (1) hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. F. All Hazard Areas Roofs with less than a 3:12 pitch aze not permitted in Low, Medium, or Severe Wildfire Hazard Areas unless they comply with the following: 1. All roof coverings shall be constructed ofnon-combustible materials and installed on a Class A roof assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of cleazing roof debris. 3. Protrusions above the rooline, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. Page 5 oj7 iit-~~' G. MAINTENANCE AND MISCELLANEOUS REQUIREMENTS l . Roofs and gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (''/a) inch maximum. 3. Yazds shall be kept cleaz of all litter, slash and flammable debris. 4. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 5. Weeds and grasses within the ten (] 0) foot perimeter shall be maintained to a height not more than six (6) inches. 6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 7. Swimming pools and ponds shall be accessible by the local fire district. 8. Fences shall be kept cleaz of brush and debris. 9. Wood fences shall not connect to other structures. 10. Fuel tanks shall be installed underground with an approved container. 1 ] . Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation aoound any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire-resistive construction on the exterior side of the walls. 12. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 13. Addresses shall be cleazly mazked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on anon-combustible post. 14. Additional recommendations from the Colorado State Forest Service, the Pitkin County Sheriff s Departrnent, the local fue protection district and/or a person certified by the Community Development Department as an expert in designation of wildfire azeas and wildfire mitigation may be incorporated into any conditions of approval as necessary to mitigate wildfire hazazds. 6. The Applicant shall comply with the following general conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelope is prohibited. B. Mesh or woven wire fences are prohibited outside the Activity Envelope. C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. D. Wire fencing must be three (3) strands or less. The top wire should be atwelve-point-five (12.5) gauge twisted bazbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. E. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. F. In azeas of high black beaz activity, fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs. G. Development shall be clustered to the maximum extent possible to minimize impact on wildlife. H. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. I. Trash/garbage shall be kept in an approved bear resistant container or enclosure. Page 6 of 7 J. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. K. Horse gains, pellets, and cookies shall be stored in bear resistant containers. L. Pet food shall not be left outside. 7. The Applicant shall also comply with the following conditions regarding wildlife: A. High impact recreational uses are prohibited; B. Dogs shall be kenneled except for working dogs. 8. No development shall occur outside the approved activity envelope, with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved activity envelope. 9. The access drive shall be built to current County Standards, as described in the Pitkin County Asset Management Plan and submit for an access permit. The driveway layout shall be staked in the field and reviewed and approved by the County Engineer, prior to commencement of construction. ]0. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 1 ] . All azeas disturbed by construction shall be re-vegetated with native shrubs and grasses within one growing season of the project's completion. 12. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on November ~" 2011. 13. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklv on the L day of ~P (+ -, 2008. APPROVED by the Director, this 1 c;17. day of N J,~cM,~, 2008. ~CtlnaP ~~~1~ -t, C}a Cindy Houben Community Development Director PIIX! 2645-224-00-022 PI11-08 Page 7 oJ7 1(l-Z~ Attachment A Legal Description SUB:SHIELD-O-TERRACES LOT:14 SECT,TWN,RNG:22-9-86 DESC: BEG AT A ;YT BEING 669.02 N"f N 19 DEG OO'E FROM S4 COR OF SEC 22 9-86 TH N 53 __ _ _.. i48'E 148.60 FT TH S 37 20'E 445.06 ___ --- - FT TH S 47 17'W 363.60 FT TH S 64 17'W 19 38 FT TH W 89.45 FT ALONG _. __ !THE N LINE OF A MCKENZIE PATENT TO .THE NW CORNER OF A MCKENZIE PATENT TH S 100.00 FT ALONG THE W LINE OF 'A MCKENZIE PATENT TH S 89 09'W :248.15 FT TH N 22 14'E 118.4 FT TH N 13 O1'E 287.96 FT TH N 27 36'E 264.86 FT TO THE PT OF BEG CONT 5.308 AC BK 482 PG 381 BK 557 PG 762 Michael Kraemer From: Sent: To: Subject: No big deal really. approval and recd Kevin Michelson [kmichelson@billposs.com] Friday, June 19, 2009 9:10 AM Michael Kraemer RE: Walker -Brinson ~~5 c,~ ~ ~ l n'I ~ ~ fI~LS'~!`1 ~~l o~ °To ~co~~/~/G in the file to allow myself and our association to review the final plat prior to ~7l V ~ i i ~nl 1/~.c~~~ Suzanne did something to this affect for the Ross-Terre 1041. I think that would cover us. Regards, Kevin From: Michael Kraemer [mailto:Michael.Kraemer@co.pitkin.co.us) Sent: Friday, June 19, 2009 8:52 AM To: Kevin Michelson Cc: Glenn Horn Subject: RE: Walker -Brinson ~r~iil~ is /~ You're right, this can be a problem. Walker-Brinson does not have the 60 day condition for recordation in the Activity Envelope approval. The only condition we put in there was that they need to record a activity envelope plan prior to submission of the site plan review. We have conditioned both the "60 day" and the "prior to site plan or permit submission" in the past and have not been consistent for some reason or another. Glenn Horn was the Walker-Brinson consultant. Might want to check with him to see if they plan on recording anytime soon. Thanks, Mike From: Kevin Michelson [mailto:kmichelson@billposs.com] Sent: Thursday, June 18, 2009 5:45 PM To: Michael Kraemer Subject: RE: Walker- Brinson Mike, This seems to be a trend in our subdivision. There is another lot adjacent to mine that also has yet to file a plat [Ross- Terre Holdings LLC 1041 Hazard Review and Conceptual Submission, (PID 2645-224-00-026; & Case P157-06)]. I assume that both approvals include the same language that the plats need to be filed within 60 days of the approval. How is the county choosing to address situations such as these? I ask because I am trying to pay attention to modifications to the plats. Regards, U't ' Kevin From: Michael Kraemer [mailto:Michael.Kraemer@co.pitkin.co.us] Sent: Thursday, June 18, 2009 2:20 PM To: Kevin Michelson Subject: RE: Walker-Brinson No, they never submitted one for recording. From: Kevin Michelson [mailto:kmichelson@billposs.com] Sent: Thursday, June 18, 2009 12:08 PM To: Michael Kraemer Subject: RE: Walker- Brinson Do you have a copy of the approved/recorded plat? --- - - From: Michael Kraemer [mailto:Michael.Kraemer@co.pitkin.co.us] Sent: Thursday, June 18, 2009 11:33 AM To: Kevin Michelson Subject: RE: Walker -Brinson The Activity Envelope was completed in November of 2008. From: Kevin Michelson [mailto:kmichelson@billposs.com] Sent: Wednesday, June 17, 2009 11:38 AM To: Michael Kraemer Subject: RE: Walker -Brinson Michael, Can you update me on the status of the Walker- Brinson application? Regards, Kevin Michelson __ _ __ __ From: Michael Kraemer [mailto:Michael.Kraemer@co.pitkin.co.us] Sent: Friday, November 07, 2008 9:36 AM To: Kevin Michelson Subject: Walker -Brinson Hi Kevin, Any comments after your meeting last night? Thanks, Mike z Z Cari Anne Holcomb 970.920.5092 From: Kevin Michelson [mailto:kmichelson@billposs.com] Sent: Monday, September 15, 2008 3:27 PM To: Cari Anne Holcomb Subject: PID# 2645-224-00-022 Cari Anne, I noticed that an application came in last week for Lot 14 Shield O Terraces. I am a member of the Association, and on the board. I assume you will be mailing an application to myself or someone else within our subdivision. If not, can you please send me a copy of the application? Thanks, Kevin 707 Shield O Rd. Snowmass, CO 81654 Kevin Michelson Bill Poss and Associates Architecture and Planning, P.C. P O 5 S ARCHITECTURE + PLANNING 605 EAST MAIN STREET ASPEN, CO 81611 (t) 970/925-4755 (f) 970/920-2950 (e) kmichelsonCa~billooss.com o~ooQi ~' 3~ Davis Horn~- PLANNING & REAL ESTATE CONSULTING September 8, 2008 Cazi Anne Holcomb Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Walker-Brinson -Designation of an Activity Envelope with Vesting; 51 Shield O Road; Shield O Terraces Lot 14 Parcel ID # 2645 224-00-022 Deaz Cari Ann: Christina Walker-Brinson (Applicant) is the owner of a property at 51 Shield O Road, Shield O Tenances Lot 14. (PID # 2645-224-00-022). Please refer to Attachment I, a Vicinity Map, which depicts the location of the property. The applicant is represented by Davis Horn Incorporated in this land use application. Through this land use application, the applicant is requesting approval of an Activity Envelope with Vested Property Rights. Site Plan Review and possible Scenic View Protection approvals are not requested at this time. A previous 1041 Hazard Review was approved pursuant to Administrative Decision No. 09-2004. The vested property rights with this approval expired on Februazy 5, 2007. The same proposal as that previously approved is being requested, so this is a refresh of those approvals, with current Code language and terminology (such as the Activity Envelope instead of Building Envelope) used. The application is divided in the following sections: 1. Background; 2. Existing Conditions; 3. Project Description; 4. Land Use Approvals; and 5. Summary. BACKGROUND The subject property was granted 1041 Hazard Review approval in 1988; the site plan was recorded in Plat Book 21, at Page 85. The BOCC reinstated the vested rights, pursuant to Resolution No. 94-2000. The Building Envelope was expanded at that time in order to accommodate the well, septic system and other development associated with the residence; all were within the building envelope. The amended 1041 site plan was recorded in Plat Book 53, at Page 91. These vested rights expired on July 14, 2003. ALICEDAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1.970;'925-6587 • FAX: 970,E 925-5180 !l dl ! 1 !~ (1 r~ adavis@rof.net ghorn@rof.net The most recent 1041 Site Plan approval was granted in Februazy, 2004 pursuant to Administrative Decision No. 09-2004. These approvals expired on Februazy 5, 2007. The approval documents are found in Attachments 2 through 6 of this application. The subject parcel was created prior to June 12, 1978 and has not merged with any adjacent pazcels. Therefore, the construction of one single family dwelling unit of up to 5,750 square feet of floor area is exempt from growth management. EXISTING CONDITIONS The subject property contains approximately 5.308 acres and is vacant. The property is located near Snowmass Creek Road near the bottom of the Shield O Road. Single family residential land uses and customary accessory uses aze permitted in the RS-30 PUD zone district where the property is located. One dwelling unit is permitted for every 30 acres of land in the zone. The subject site is a legally created sub-standazd size or non conforming lot. A legally created non-conforming lot located in Pitkin County may be redeveloped in the same manner as a conforming size lot. In the prior approvals, the subject site was found to have a medium wildfire rating and that the wildfire hazazd could be mitigated. Also, the approved building envelope is located primarily on slopes of less than 15% in grade. PROJECT DESCRIPTION The applicant acquired the property in July, 2006. Since the approvals expired in 2007, the applicant is seeking approval for an Activity Envelope Plan pursuant to the land use code which was adopted after the most recent, 2004 approvals. Attachment 6 shows the most recently approved 1041 Site Plan and Attachment 7 shows the current proposal, which requests approval for the same development, but with current code language and terminology. As shown on the Activity Envelope Plan in Attachment 7, the proposed Activity Envelope will encompass the proposed home, access, and utilities. It is the most appropriate and logical portion of the property for development as it is the most level section of the site and hazards are minimal. LAND USE APPROVALS This section of the land use application demonstrates compliance with the standazds identified in the Pitkin County Pre-Application Conference Summary Sheet (see Attachment 8). • Activity Envelope Criteria for Approval (Section 2-30-20 g); 2 00~~3('? • Activity Envelope (Section 7-10-50); • Priorities in Locating Activity of Development (Section 7-10-60); • Steep and Potentially Unstable Slopes (Section 7-20-20); • Water Courses and Drainage (Section 7-20-30); • Floodplain Hazards (Section 7-20-40); • Wildfire Hazard (Section 7-20-60); and • Wildlife Habitat (Section 7-20-70). Activity Envelope Criteria for Approval: Section 2-30-20 g Activity Envelope: Section 7-10-50 Priorities for Locating Activity of Development Section 7-10-60 Refer to Attachment 7 which has been prepazed in compliance with these sections of the Land Use Code. These Code sections have been met. Site Preparation and Grading: Section 7-20-10 As required, the only grading and filling, grubbing, cleazing and vegetation removal on the site will occur within the defined Activity Envelope shown in the Activity Envelope Site Plan in Attachment 7. Tree removal and the protection of natural terrain (including re-vegetation, topsoil management, weed prevention, utility installation and erosion, sedimentation and storm water management) will meet the criteria in the Section of the code. The proposal will comply. Steep and Potentially Unstable Slopes: Section 7-20-20 This section of the application demonstrates compliance with Section 7-20-20 of the Code. Slope Delineation Slopes shall be delineated within the Activity Envelope with two (2) foot contour intervals. Slopes between each two (2) foot contour in each of the following categories shall be designated by a distinct graphic pattern. (1) Slopes that are fifteen (15) percent or greater, but less than thirty (30) percent; (2) Slopes that are thirty (30) percent or greater, but less than forty-five (45) percent; O~J[~L~~ (3J Slopes that are forty-five (45) percent or greater. The topography of the site is given in Attachment 7, the Activity Envelope Plan and Attachment 8, a slope analysis of the property with the slopes delineated as required above. The Activity Envelope is the most logical, appropriate part of the parcel for development as the slopes aze less than 15% in grade within the proposed Activity Envelope. In the previous Administrative Decision of approval for the subject property, No. 09-2004, the Community Development Director found that the Activity Envelope "is located primarily on slopes of less than 15%." The Code states specific criteria for lands over 45% in grade, 30% to 45% in grade, and between 0 and 15% in grade. The specific details of the Code standazds have not been repeated here, but the applicant will comply with all the applicable standards. Water Courses and Drainages Section 7-20-30 This is no water course or drainage of significance on or in the immediate vicinity of the property. Snowmass Creek is down Shield O Road and across Snowmass Creek Road from the subject property. This section of the Code will be met. Floodplain Hazards Section 7-20-40 The Snowmass Creek 100 year or intermediate regional flood has not been mapped by the Federal Emergency Management Agency (FEMA). The property is far enough from the Creek for this to not be of concern. The proposed Activity Envelope Plan will comply with this section of the Code. Wildfire Hazards Section 7-20-60 The wildfire hazard on the site was previously rated medium in the previous land use applications. The pre-application conference summary shows a severe rating. The applicable wildfire mitigation requirements will be met. The applicant agrees to comply with the same, lengthy list of wildfire mitigation listed in the most recent conditions of approval in Administrative Decision No. 09-2004 plus any new requirements which aze reasonable to mitigate the wildfire hazazd on this property. Wildlife Habitat Section 7-20-70 The pre-application summary in Attachment 8 states that the subject property is mapped mule deer summer and overall ranges, elk winter range and possibly within 1/4 mile from elk and mule deer winter ranges and a migration pattern. The previous three reviews did ~~~}~`R not find that the property was within a critical wildlife habitat area. Although we do not find this section to be applicable, the applicant will meet any reasonable conditions of approval related to wildlife, if it is found to be appropriate giving the wildlife hazazd on the property. Summary The applicant is requesting approval for an Activity Envelope Plan for her vacant property located in Shield O Terraces, Lot 14. The property is located at 51 Shield O Road near the bottom of the Road and near its intersection with Snowmass Creek Road. Site Plan Review and possibly Scenic View Protection review approvals aze not requested at this time. Vested property rights are requested. The property has received 1041 hazard review three previous times, in 1988, 1995 and most recently in 2004. The vested property rights for the 2004 approvals expired in February 2007. This request is essentially the same as that approved in 2004, but with current Code language reflected. This land use application has demonstrated compliance with the Land Use Code standazds identi fied in the Pre-Application Conference in Attachment 8. The following attachments are included with this application: Attachment 1: Vicinity Map showing the property's location; Attachment 2: Approved 1988 1041 Hazard Review Site Plan (Book 21, Page 85) Attachment 3: Resolution No. 94-2000 reinstated the 1988 approvals and amending the approved building envelope; Attachment 4: Approved 2000 Amended 1041 Site Plan (Book 53, Page 91); Attachment 5: Administrative Decision No. 09-2004 granting 1041 Hazard Review and Conceptual Submission approval for the subject property; Attachment 6: Friedman 1041 Site Plan re-established and approved in 2004; Attachment 7: Proposed Walker-Brinson Activity Envelope Plan; Attachment 8: Slope Analysis for the Property by High Country Engineers and Surveyors; Attachment 9: Letter from property owner authorizing the submission of this land use application; Attachment 10: Attachment I 1 Attachment 12: Attachment 13 Signed Fee Agreement for this land use application; Pre-application conference summary sheet; List of Adjacent Property Owners for public notice purposes; and Poof of Ownership. 5 Please contact me if you have any questions or would like any additional information. Sincerely, DAMS HORN INCORPORATED GLENN HORN AICP ALICE DAMS AICP . n ~Cf e,,.z ~ CRRI a s - \ 8i 3~T .. \Y f'~ ~ I IfI ~ ~ e gCJ ~z ~ z I ~- e n • I /~ R ti'0~urrte .t1;':,a 1 NASAL T` s .- ~• ... 0aY 69d •. - • ~ !S I ~ A 7T/E ~' ...-~'" ~ Frl/I 4!°p°° r a; 9WO °i ') YI: e I / 3 -• .<_ ~ Fe 'v O c I ~t R 4 ) - HaeAlt,w• I 1 - 0 70~, c i 1 o,1Zi1 -~-- ~ UEOIVZ 0 k`I, ~ , seT t -n r' ~ -+ _- - - I - ~EA' G~~ LT'E- CO ~- ~ ~mE~ ) j c '°a rerv. Y M~~1'I --+ f~ s •.q • .° :. ~° .. is - 1x u~ °e .. ~ ,~- ll ~ - i R' nxoir • a Gp\c I OPlp ane '' ~ \ it n ~ zr I i j - -_ !- - '_. m _-¢i cr c -1f I I 'tl MlRfG/TH into •Win~o ° z` -G I \ 1050 °1_ C 1 ~--I--_-''-'-- ' /, .".ans '° ':~ ~ °-ti'~¢ xa z• ,~iv goo Gxo. a xx °~ a• ^ +~ I i. 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C sheet no. dato:. r[@r±unrel' 1J tvae n_o, descriptipn„ of rovicions_ __99te ngme PREPARED FOR: S(,ARROW & WALKER _i~_~uma~r; e~ay~ _ _ __ __ --- - -- - - - HARRY SMITH INCORPORATED design by: FYy _ ------- C~0 FENDER REALTY CN6INEEKS & IAND 5(/RVFYOKS drgwn_~_ rxn -_. __ ___ _ . _..__ 0233 HIGHflAY 133 At ( com.odo nveo~e - -- -- -- CARHONDALE, COLORADO cieowood Springs, Coloroda A1fi01 checked by: t'MM - - -- (30J) 945-AAA4 ~ '~ ~~ \\ w `1 ,, ~ ~ I,. ~~ ~~ b U6y pl r ~,f' Ut w 0 m m ( 3`~~~ '§ Byrd C; -. BBB ~ W"' ~• ~8 e~~~g yc ~~~~~ a~ a ~ P`~ Q yn~ ~~ ~a~~g g~ ~~c~a ~ $ $ 49 ,~ @ KB ~~~~~a ~ '3! ~ ~a g`~~59~ ~ ~ 5 ~~ & A9~ F 6e ~ ~ 79 F $ ~ ~~ ~~~~ Att!~nr+ent 3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REINSTATING THE VESTED REAL PROPERTY RIGHTS FOR THE SMITH PROPERTY AND EXEMPTING THE PROPERTY FROM THE MORATORIUM ENACTED PURSUANT TO ORDINANCE N0.96-19 Resolution Na.QQ~-2000 RECITALS 1. Hany Smith ("Applicant") has applied to the Pitkin County Boazd of County Commissioners ("BOCC") to consider a reinstatement of vested real property rights pursuant to Section 4-140-30 of the land Use Code ("Code"), expansion of the previously approved building envelope, and exemption from the Shield-O-Terrace moratorium (Ordinance No. 96-19). 2. The property is located on the north side of Shield-O-Terrace Road approximately 80 feet from the intersection with Snowmass Creek Road, and is more specifically described in Exhibit A. 3. The parcel is zoned RS-30/PUD and contains 5.308 acres. 4. The vested rights for the development expired in 1991. 5. The BOCC reviewed the request at a duly noticed public hearing on June 14, 2000, at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that exemption from the Shield-O-Terrace moratorium (Ordinance No. 96-19) is justified, given the following: • The parcel is located approximately 80 feet from the intersection of Shield-O-Terrace Road and Snowmass Creek Road. • The portion of Shield-O-Terrace Road that provides access to the property is considered adequate for residential and emergency access purposes. • The wildfve hazazd on the parcel is rated medium, and mitigation will be required [o ensure that development on this parcel does not create an additional risk to properties located above. The BOCC further finds that the request complies with the applicable provisions of the Land Use Code. I I"III'IIII I'lll' II'll'll'llllll'll"I III "l'I II'I I1~I 444400 00/21/Z000 10.01R RESOLUTI DRVIS SILVI 1 of S R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ~~(1~?i1 Resolution No. ~~-2000 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Boazd of County Commissioners that it does hereby grant a reinstatement of vested rights to the Smith parcel, and does hereby exempt the property from the moratorium enacted pursuant to Ordinance No. 96-19, subject to the following conditions, which shall run with the land and be binding on all successors in interest: Prior to submission of any development permits, the Applicant shall submit an amended ]041 hazard review site plan on a 24 x 36 inch mylaz sheet to the Community Development Departnent for approval and tt:cording,. The site plan shall also be submitted in digital format suitable for integration into the County's G1S system. The mylaz copy of the site plan must be signed by the owner prior to submittal for recording. The site plan shall be modified as follows: ~_ w°u ~a ~N M ~QO M M ~~ ~ - M ~_ d ~~~ .ao .. ,_ m z __.. ~° ~ ~~o ~ ~ -~ n~ cos ~qtn ~ o ~~ N A. Designate an access envelope that avoids slopes in excess of 15%. 2. Prior to submission of an ISDS permit for the parcel, the Applicant shall provide documentation of adequate quality and quantity of water from a well to the Environmental Health Department. The well shall be located within the building envelope. 3. Prior to building permit application, the Applicant shall: A. Obtain approval of an ISDS permit from the Environmental Health Department. The septic system shall be located within the approved building envelope and must comply with the setback requirements from surface and groundwater sources. A qualified professional engineer must design the system. B. Obtain afireplace/woodstove permit from the Community Development Department. C. Obtain an access permit to improve the driveway to comply with County standards and the requirements of the Fire District. The access permit shall be reviewed and approved by the County Engineer and the Fire District. If the driveway exceeds 30 inches above or below natural grade within the setbacks, the Applicant shall submit and the Board of Adjustment shall consider a variance application prior to submission of the Access Permit. D. Provide a trip generation study if the free market residential 3ructure exceeds 5,000 gross square feet, for review and approval by the County Engineer This study shall be developed by a traffic engineering consultant hired by the applicant and praapproved by the County Engineer. 4. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 40 foot perimeter around any structures. C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps stall not exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel. y Resolution No. ~-2000 Page 3 D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. E. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. F. All branches which extend over the roof eaves shall be trimmed and all branches within I S feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of the structure shall be reduced. H. All deadfall within the 100 foot perimeter shall be removed. T. Low vegetation shall be maintained within a 10 foot perimeter around all structures. 1. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 5. The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall have a Class A, non-combustible roof system. Wood shake/shingle roof _ coverings and flat roofs (up to a 3:12 pitch) are prohibited in all wildfire hazard areas. ~•+ ~ B. Vents shall be screened with corrosive resistant wire mesh with mesh'/, inch maximum. „ ~„ $ C. Roofs and gutters shall be kept clear of debris. ~N ~ ~~ D. Yards shall be kept clear of all litter, slash, and flammable debris. i f 5 f $ E. eet away mum o 1 All flammable materials shall be stored on a parallel contour a min from any structure. -.+._. F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more ~ w than 6 inches. ~ $ ` G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away _~! $ from the structure. ~ o H. Swimming pools shall be accessible to Fire Department vehicles. - m = I. Fences shall be kept clear of brush and debris. ~m _.. $ J. Wood fences shall not connect to the structure. ~$ m K. Any outbuildings or additional structures shall adhere to the same standards as structures. ri$ ~ L. Fuel tanks shall be installed wtderground with an approved container. ~.~, $ M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away ~a m from the structure with standard defensible space vegetation mitigation around any above ~$ ~ ground tank. Any wood enclosure around the tank shall be constructed with materials _$ •' approved for 2 hour fire-resistive construction on the exterior side of the walls. ~~ `o N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher -a ~+ placed in a visible and accessible location. O. Addresses shall be clearly marked with 2 inch noncombustible letters and shall be clearly visible at the primary point of access from the public or common access road and installed on anon-combustible post. P. Utility lines shall be buried within the driveway. 6. The Applicant shall install a residential sprinkler system, the design and installation of whichshall be approved by the Fire District. The Applicant shall also install a 2,500 gallon water tank for fire protection only. The location and design ofthe water tank shall be approved by the Fire District. The water tank shall be located within the buAding envelope. No development, including grading, excavation, fill placement, landscaping, vegetation removal or disturbance, septic system and well, shall occur outside of the approved building envelopes, except for utility and driveway extension and maintenance. JJJtua3 Resolution No. Q~-1000 Page 8. Areas disturbed by improvement of the driveway and installation of utilities shall be revegetated no later than one Bowing season after completion of work. 9. The Applicant shall join a road improvement district for Shield0-Tercace Road in the event one is formed. 10. In accordance with Ordinance No. 2000.02B, this approval shall permit a maximum of 5,750 square feet of floor area (all inclusive) as defined bythe 1997 Uniform Building Code. 11. The Applicant shall adhere to all material representations made in public hearings and in the application. I2. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-] O5. The statutory vested rights granted herein shall expire on lone 14, 2003. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 13th day of May, 2000. APPROVED AND ADOPTED on the 14th day of June, 2000. PUBLISHED AFTER ADOPTION F R VESTED REAL PROPERTY RIGHTS IN THE ASPEN TDYIES WEEKLY on the %day of J1[u t?. , 2000. BOARD OF COUNTY COMMISSIONERS, I I"III "III "III ("II'll'll'III "IIII III "III'lll I"I PITKIN COUNTY, COLORADO 44400 00/21/2000 10:038 RESOLUTI DRViS SILVI ~~~~ ~1_ 4 of 0 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO gy ery7Ta+'A•,, Sheltie Roy arper, Chair ATTEST: ~~~ de .Dean, Clerk to the BOCC APPROVED AS TO CONTENT: 0.~~FP~ Cindy Ho snub /~'Jw Community Development Director APPROVED AS TO FORM: John Ely G~io~ OU County Attorney P35-00 PID #264522400022 \suzennew\pidcin\casa\vre\smith\reso ~~~e~<. ~' R4-ao~av ~X ~ i r3 - .~ „ ~ t. IA1tN 557 a,~t 7~Z •rlulnlr n~ YD nr ATTnuirD m AND nrenMr A runt Dr NnnannrY nrrn nnnn f111NNN1Y 71, I'Inll, HI TNI I N AIIIII110 I . 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RNCRPTIND 7HEREPRONt A JO toot DtfiSty end Rleht of Ney E•usent on e11 enur^.•, j Rsoep! the Nurth 6e 1l' /,net enures wnA the Reath 67 30' R••t euurse ' end en Eesenunt to eM pseperty de•rrlbad a tol7ewn leelnnfne •t • point on the lnowssss Read bslne 979.7! feet North ~ ~.. r~~• 67 1!' Eut tees th• loath 1/1 Corner Ot lsetlon t2, Towrohlp f loath, .. ~", Renee ee Nest of the lfsth Prlnelpnl Meridf•nt thanes Nerth ee ee' Nwst 16.0! (sett thent.+ :'ut..(, 16 03' Nut 19!,61 tut to the Northreet Cernee o! Get it, being !0 !wt en both sldn s! the show de•r rih•d ]ln•, I t f I I"III "III "III' I'III'II'II'III "I"I III "IfI'III I"I M4480 00/21/2000 10:01R RESOLUTI Di1VI5 SILVI I' 0 e1 D R 0.00 D 0.08 N 0.00 PITKIN COUNTY CO , ~P C~.~ G; 7 C~: C°.7 ~ ~ C.'T7 =5fi R;^ ~4 ` no f~ FSs~ ri. zoo ~ U `, n u 111 . s.wO •nsx 67 ~J L9 C. 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'90 \ ~~'\\\\ \ / // / _~~\\\\\\\\\~\\\\~ ~~~~ \ \\ \ 6~a~ \ ~ yyyy/ _ \ \ \ \O ~y~ \ ~ c \\`` _~` `_~/ \~~ \1404'0. \\ '.~0 y tt / \ \ Q \ ~~~ _ J_~ \ \ O \ -_ f \~\., f \. \ \ - \ \ ~~~~ - \~. ~ -i g N • p C a r I~ Z _~~ oe ~~z ~~$ Vi=e ~€s ~~ ~g Y Vii \ r2 \ ~\ 40. 2 ~'R~ \~ E \ 9~f/OF \~ \` 6~ d \_ ~ .A,Egs~~~~ \ 2 ~ /J < e(n 0N0y ~ o0 (~ c r ~_ 3 3 Z m v / im/~ V/ .r r ..a Or o b ; o = rn -i m ~ m m ~ \ \ ~ r A ~ \\\ \~ '~ ~ \ \\\\~~ ~~ \\ \~ \\~ \\. `\\\ ~ ~ . ~\\ ~~~ \\ ~ I j\\\ \\\\\\\ \\ \: ~: \\ ;\\\\\ \\ ~ ~ z .\\ F \ \\\\\ \\~' as ~~ ~ \ ,\\\ 'n \\ '6 ~~~ p,.J1~ I t~ ~~ 4 II E S -1 .a 0 2 /~^~ A 0 8 u ki3t3Wf1N ONIM~ y3pNXiN `..'NIMVk1(1 SIIIIIIgIIIII~INIIIIII~I(I~III~IIIII~IIIIIIII~~I~~~a 4943®0 ea.oaa ADMINISTRATIVE DECISION OF THE COMMTJNITY DEVELOPMEN'T' DIRECTOR OF PTTKIN COUNTY, COLORADO, APPROVING THE FRIEDMAPI 1041 Aa~eun REVIEW ,~ CONCEPTUAL SUBMISSION Administrative Decision No. ~Q-2004 RECITALS 1. Bany Friedman ("Applicant") has applied to the Pitkin County Community Development Director ("Director") for 1041 Hazard Review and Conceptual Submission approval to reestablish a building envelope for a single Family residence. ?. The parcel is located on Shield O Rotrd, and is more specifically described in [xhibit A_ 3. The property contains 5.308 acres, and is a non-wnfnnning size parcel in the RS-30/PUD zone district. 4. Administrative 1041 hazard review approval was granted in 1488; the 1041 site plan was recorded in Plat Book 21 at Page 85. The BOCC reinstated the vested rights, pursuant to Resolution No. 942000. The building envelope was expanded at that time in order to accommodate the well, septic system and other development associated with the residence within the envelope. The amended 1 U41 site plan was reco~r 'ed in Plat Book 53 at Page 91. The vested rights expired on June 14, 2003. 5. The parcel was created prior to June 12, 1978 and has not merged with any adjacent parcels. Therefore, the construction of one single family dwelling unit of up to 5,750 square feet of floor area is exempt from growth management. 6. The Director finds that the wildfire hazard is rated as medium and can be mitigated, and that the proposed building envelope is located primazily on slopes of less than 15%. THE DIRECTOR DOES HEREBY APPROVE the Friedman 1041 Hazard Reveev,• and Conceptual Submission, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I) Prior to submission of any earthmoving, access, or building perrrtit applications for new development, the Applicant shall submit a 1041 Hazard Review Site Plan to the Community Development Departrnent for approval and recording. The mylaz copy of the site plan must be signed by the owner prior to submittal for recording. The Applicant shall amend the site plan as follows prior to recordation: A. Designate an access envelope around the existing driveway in order to limit future improvements to the driveway to the less steep azea on the north side of Ute parcel. 2) Prior to submission of a septic permit, the Applicant shall provide documentation of an adequate domestic water supply on the property. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. The well shall be located within the approved building envelope. 3) Prior to issuance of any building permit applications, the Applicant shall: Attachment ~' Ad~iristrativeDecisionlVo. 0~_-'004 III~~I~~II~'IIIIIIIIII~IIIIIIIN~~I~IIIII~II~II~I 494tie1 ega:eaa Pa e 3 n u SILVIR DRVIS PIT%IN COUNTY CO a 0.00 D 0.00 A. Pay the applicable road impact fee. B. Obtain an access/driveway permit to improve the driveway to comply with County standards and file requirements of the Basalt and Rural Fire Protection District. The access permit shall be reviewed and approved by dte County Engineer and the Fire District. C. Obtain a septic permit from the Environmental Health Department The septic system must he designed by a registered professional engineer and shall be located within [he approved building envelope. D. Obtain tireplace/woals[ove permits from the Community Development Department, ifnecessary. E. Submit a drainage and erosion control plan for review and approval by the County Engineer. F. If the primary msidence.exceeds 5,000 square feet, submit a Traffic mtd Parking Management Plan in accordance with Section 4.01.01(C) of the 2003 Pitkin County Assets Management Plan, for review and approval by the County Engineer. The Plan shall indicate that vehicles associated with constntction (i.e. employee traffic, constrnction vehicles, staging and deliveries) shall not violate County Law, such as parking on County rights-of--way. 4) Prior to commencement of any earthmoving or construction activity, the Applicant shall stake dte corners of the building envelope and install constluction fencing around the perimeter of the building envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 5) The Applicant shall provide waste storage that complies with BOCC Ordinance No. 010-2001. Verification of compliance shall be provided prior to issuance of a certificate of occupancy. 6) The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. BIT1Sh, debris and non-ornamental vegetation shall be removed within a minimum I0 foot perimeter around all structures. B. Vegetation shall be reduced to break up the vertical and horizrnttal continuity of the fuels a minimum of a 40 foot perimeter around all structures. C. Spacing between clumps of brush and vegetation within the 40 foot perimeter shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. D. All branches from trees and brush within the 40 foot perimeter shall be pruned to a height oft 0 feet above the ground and ladder fuels from azound trees and brush shall be removed. E. Tree crown separation within the 40 foot perimeter shall have a minimum of 10 feet between the edges of the crowns. F. All branches that extend over the roof eaves shall be trimmed and all branches within ] 5 feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of all structures shall be reduced. H. All deadfall within the 100 foot perimeter shall be removed. I. Low vegetation (less than 6 inches in height) shall be maintained within a 10 foot perimeter around all structures. J. The Applicant shall be responsible forthe continued maintenance of the defensible space vegetation requirements. v • ~- _. .ttlministrative Decision No. ~-'009 I II yI VIII IIIIII IIKI ~~IIII I~I'r;ollll IB II~ IIII IIII 0 02~/ 43 ®04 03:04P Page 3 , 7) The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the UBC 1997 Section 1504. Wood shake/sltingle roof coverings are prohibited. Roofs with less than a x:12 pitch are not permitted wtless they wmply with the following. I) All roof coverings shall be noncombustible materials as defined in the Uniform Building Code (UBC) 1997 Section 1504 and installed on a Class A roof assembly. Z) All roof coverings shall have a surface that shall facilitate the natuntl process ofcleazing the roof. 3) All roofdesigns shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by UBC 1997 Chapter I S and shall have a minimum slope of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Mazshal prior to submitttd of a building permit application. B. Vents shall be screened with connsive resistant wire mesh with mesh '/o inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yazds shall be kept clear of all litter, slash, and flammable debris. E. Al] flammable materials and fuewood/wood piles shall be stored on a parcel lel contour a minimum of 15 fcet away from any structure. F. Swimming pools or ponds shall be accessible to Fire Department vehicles. G. Fences shall be I:ept clear of brush and debris. H. Wood fences shall not connect to the structure. I. Fuel tanks shall be installed underground with an approved container. I. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around ahy above-ground tank. Any wood enclosure around the tank shall be wnsttucted with materials approved for 2 hour fire- resistivc construction on the exterior side of the walls. K. Each stmcture shall have a minimum of one IO pound approved ABC fire eMinguisher placed in a visible and accessible location. L. Addresses shall be cleazly marked with? inch noncombustible letters and shall be visible and installed on anon-combustible post. M. New utility tines shall be buried within the driveway. 8) The Applicant shall install a residential sprinkler system, the design and installation of which shall be approved by the Fite District The Applicant shall also install a water tank for fire protection only. The size, location and design of the water tank shall be approved by the Fire District. The water tank shall be located within the building envelope. 9) No development, including grading, excavation, fill placement, terming, landscaping, vegetation removal or disturbance, well or septic system shall occur outside of the approved builduig and access envelopes, except to comply with the required wildfire mitigation. 0) All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the projects completion. .4dminrstrtrtiveDecisian,Vo.~-1UU-l iIIIIIIIIIpI~IIIII~IIII~III,I~~I1,I~I~I~II~~If II~II 49430 0ea:0gv Page d I l) The property shall be limited to a maximum of 5,750 square feet of Floor area exempt from growth maziagement. 12) T'he Applicant shall adhere to all material representations made in the application and shal I consider those representations to be conditions of approval, unless amended by other conditions. 13) Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set fortlt in Pitkin County Lattd Use Code, § 4-140 and C.R.S., ¢ 24-tiR-105. The statutory vested rights wanted herein shall expire on ~.cbrwa,vy 5.2007. /~ APPROVnED by the Director, this S (7. day of -e~.~. ~ _, 2004. Cin ouben, Community Development Director roos-0a PIDq?64522400022 '`7~fy ~Z ~ U EXHIBIT "A" LEGAL DESCRIPTION ~~ A tract of land situated in the South one-half of Section 22, Township 9 South, Range 66 West of the Sixth Principal Meridian, more fully described as follows: Lot 14, Shield-QTerraces, described as follows: ~' Beginning at a point of being 669.02 feet, North 19°lXY East from the Scuth 1(4 comer of Section 22, Township 9 South, Range 86 West of the Principal Meridian, - {~ thence North 53°48' East 146.60 feel: thence South 37°2fY East 445.08 feet thence South 4T'1T West 363.60 feet ' thence South 64°iT West 19.38 feet f® thence West 89.45 feet along the North line of the A. McKenzie patent tc the Northwest comer of the A Mckerlae patent II~~T thence South 100.1N] feet along the West 8ne of the A McKertzfe patent thence South 89°09' West 248.15 feet ~~ thence North 22°14' East 118:40 feet thence North 13°Ot' East 267.98 feet thence North 2T'36' Fist 264.86 feet to the Point of Beginning. I IIIIII N~ ~~ IIII II~IIII IIII II , 494317 s ~II III~~tIII I~~ 09/2004 03.04P ~~ S1LVi" D"VIS PITKIN GOlN1TY C0 R 0.00 D 0.00 FSl I~ ~T J~"'~" :_ . c~~ 4,~ ~.~ iV i'~1r S ~ ~, O~ Q ~~p c Z ~~gc e~ 8~ ~~ 0 ~, ~F, 0 . s r s ^~ L 1 r TI D U fl i~ In ~I ~~ Il µ A V ,~~ ~~ .,~_- S~ ep ~~ P i~%m i „ ~ °vS'~~a_ ~_ i d q i ~, :~ B~ ~ ~ ~.;, 'F I ~a '~ Ate' ~ S _a 1_..i ~ _ v 6" E n 'r ~ ~ i i r i~ ~~ ~' ~~ ~ e ° ai -;~ ~ <M ~._ ~,. N".~, -k, n= ~ 3p 0~ IigROSIf~C ___ ~ o -- ~ '~;> AND irl It l C~ - i ~ ~~~ l.ACF MEh 1. ~ i~ ~ ~ LS ~ - F~k ,/ _ ~ ~~ ~~a^ ~~~]ll ..~ J . Q ~ <. 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R a y~ ~ 1 u ¢ 1 ~ ~ 1 j Aiid d ~ ~ ~~ d i ~ 1 i d ;~ ; y ~ off. iA a ~' ~ x 3 n~lo ~~j Z' X 3 1 1 i$ ~ a 5^a i~F o ~ nA ; ~ 1 1 ~~u 1 h 1 p it ~ Ya 1 xi~`.5 ~ ~ ~ ~ ~ ~a g Ad ~ ~ u,~g' ~. iM nwn0e/ ~~/zz PR6PARd'D PoR' maar~ rimrieG seas-soir ~fwf m /OSHUA fllld'.YAN r.n em „one .an/m,..r 1326 Asbury Ave M~rrr~ cy ~• OF 6'vnnston, /L 60201 .n.ar /x .•oua UOfe ' ,.I i i~ ~v 1 T C ~ V TO O O 'I ~ ~ V O O V y~ O ((~~ ~~ T ~J 'J ~V y O I~TI O z Z(~nl v ~~ ~1~ 0~ ~~ ~ ~ O vl / / t. ~ ~ rt I '~ y o ~N I \~ ~~ n rr .- v .a r a ~ o aA~~ J0 m ` SCARROlI' c@' BALKER INCORPORATED Regaste~ed Land SurDeyors 818 ColoraEo Avenue GlenwooJ Spriepe, CobroAo 01601 (9J0) 845-H664 Attachment 6 ~~ew~ 7 ~~ ca •.~ ~> ~~ ~~ ~ _ ~~ ~ I~yoy ~~ e F ~ ~~ ~ n~" 4 q "'~~ ~ P o;~m ~> a~~ ~ ~mx ~ ;~ ~i ~K~~ ~ ~^~ e ~~ ~ ;<~ t7 4 `~ ~ 'F A~~ g ~ ' ~ ~ ~ ni > C7 I. m6~ m ~ F~ ~~ D ~ ~d 3 ml :~ ~ ~ fTl ~`°b D iO ~ $ m ,, ,. a c ~ ~ ~ ~ q < ,+~ a a a~~nc~ 2 r v 0 m ,~. r 0 -~• ~ , m :'.~ ~~ ~ ~.., ?\{. \\.,~. , ~ ~ ;tea ~ ~ ~ , N73• or o•E ~`` \ .~ .. ~~. ~., ~Y~ ~ app ~ ~ ~ < ~ - .~ ~,~ ~ slpf AN ~ ~ _ o ~, _- ~. ~ ~. ~ -,. ,a ~ fMfN .. , T ~ ~ ~~~, ~,,~ T~ ' .. ,i~ ~ ~ ~ a~~~ ~~ -~ i T~ N N z n _< m C O m I ~ . \'' '~ ~ ,~ ~. f ~ \ \ ~ too. 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ACTIVITY ENVELOPE PRONE IY/OIMbIS/6~PAX fY]O)Y~6Yd!! ~vo a ~pno'[on E 8 ~ _ www.HC6N6.COM oevaAOUno"~meFx"vn"ur°i` Att~~~~ went ~ c:~ °~ 3 ~~l N m I N VI N rn r r r- u I~ IJ ~ I I~ r~ ~~ r~ ~ tr ,Sl Al .U l,J ~0 ' 7 7 1 1 ~ r.~ r.r r.~ c• ++ ca ro - ~ P i.1 ... ~ ~L) i (JI (1• ca ~N I ci c.i ~ ~ ii LLJ J II ~, u ' uJ ~ ro .. ~ JJ ~ n n ,.ul . ~ J7 Vl ~f: \ rU V IU -- 'U IV J Ill l~l ~~ p N (P n [U N 7 ~ ~ UI ~ I n ~' G7 n ., ul ~ c~ i I iJi Iv Iv ul ti I 1:: 1',1 IV IV ~~ I ~1 n ~ i 4 ~ i 1 ,r I i ~^~~ .1~ l U ,, I I ~'c:Q cn - sr i '-j k~A' ~ `1Aw+Yi ~/ ~~^ E p7 sxovrw~s ~ ~ g ~ -~ aZ :,~ ^~ r =1 `~ ,~" s D U a_~ t!1 = ~ r rn p r ~ O r m o o n I~ z ~ ~ r n ~ rn G O C a <~ n _xaxrrr ~ C7 9 NO. DATE REVISION ~.n~i i~i~~.~rv rln iii ici.i:ow _ _. _-_. - _- -- --._._ _ _. ..6V_ ~.~n,r~r~rii ~cn i,r~n~~r~ - _ - - _-. 1-snas2z-1997 - .n. .,r. c.., ~ou In rnl tr:r,nl riotr• _._ -._-- _ -_ _-. .. - 5ugr~ir wiapiii~nr~airiin ~araac:r -~--- - - - ---- - iiiriniN;iun~fi nll~i.iN~i~Kiiiiir~jcF Attu ~ ~-~ went s m p PITKIN COUNTY, CO HIGH COUNTRY ENGINEERING, INC. c ~ LOT 14, WALKER BRINSON 15f 7 BLAKE AVENUE, 9TE 101, ~ ~ GLENWOOD SPRINGS, CO 81801 Z SLOPE ANALYSIS ~4, PHONE (970) 9458876• FA7C (970) 8452555 9o41]C o ~ VWVW.HCENG.COM Attachment ~9 TINA W'41<,KgR_ggINSON 4 LARKSPUR pORTOLA VA1-LEX, CA. 94028 (630) 53ti-2109 C~i Anne Hokomb Asprn Pitkin Courtly Comrnunity Development i 30 South Galena Street Aspen, CO. 8151 l R£: Authorization co Submit a Land Use Application Dear Cari Mute As the owner of the property at 51 Shiold O Rnad, Shield O Terraces Lot 14, f authorize Davis Horn Inc. to subttut a land ux application on my behalf and to represent me in the land use review process. Should you have any questions, please tali Davis Horn et 925-6587 or meat the above phone number. Thartlc you. S/i ln~cerely1, Christina Walker-Brinson ~ ~~ ~nm-nn~mn Attachrr~ent ~~o PiTKtN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF ANb USE APPLICATION FEES PI?KIN COUNTY (hereinafter "COUNTY`) and ~~~ ~~ (hereinafter "APPLICANT") AGREE AS FOLLOWS. t. APPLICA°NThas submitted 4o COUNTY an application for AL`fl ~/~~~~ W e~h y~s~a-~-_ (hereinafter, the "PROJECT")~~rt 2. APPLICANT understands and agrees that Pitkin Courrty Ordinance h+o, 32-2002 establishes a fee structure far land use applications and the payment of all processing fees is a condition precedent to a deterrninalion of application completeness. Ttie fee structure is based an the COUNTY'S policy that developmen; shall pay, in full, the cast of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to refh=et the expense Incurred in prov dmg sucn seM1~ices to ftis public. 3. APPLICANT and COUNTY agree that because Of the size, nature or scope of the proposed PROJECT, it may nc4 be possible at the tune o! application to ascertain the fu!f eMent of the costs ~nvoived in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of lend use apdications Snell accumulate .fan appli~tion includes more than one type of lard use review. 5 COUNTY anq 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 Ccunty Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required fintlings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in oonsideratlon of the COUNTY'S waiver of its right to collect full fees ph Or to~,,~atermination of app'ication completeness, APPLICANT shah pay a base tee in the amount of $ 2 5'T'r wTiigt is based on ,~Q hours of staff time, and if actual time spent by stall to process the application exceeds the average number of hours by more than 20°fo. then the COUNTY wilt bill the APPLICANT quarar y far the additional time spent. Such perbdic payments shall be made within 30 tlays of the biting dale APPLICANT further agrees that failure to pay such accrued costs shat) be grounds for SJ9penai0n of proceSSing. PfTKIN COUNTY `1""'r`r`u Wi~A- ~~~~ ("APPLICANT") By: Cindy Houben CommuniryDevelopmentDirectar Chri~fiiinet Waj /°. (3i"1~1'S1i0~1 Print Name and Tkie (if applicable- Date: r3 .19. 08 Mailin Address: ~- ~.y 45 ... ~iuw~+.r~ o+ww ~1." /tl+rlic ~rK P.~•taz a ~~r ~~4D3,8 9.5. a• Wtc- Ted.. Fir _r____~ ! ~S 4y!° Total F~ J~t~~L~ Atta~hrr~ent PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY ~ ~' PROJECT: Designation of an Activity Envelope with Vesting. LOCATION: 51 Shield O Road, Shield O Terraces, Lot 14 PID#: 2645-224-00-022 SIZE: 5.308 Acres OWNER: Christina Walker-Brinson REPRESENTATIVE: Glenn Horn DATE: August 8, 2008 Type of Application: Activity Envelope Review with Vesting. ZONED: RS-30 PHONE 8~ EMAIL: 925-6587 ghorn(cilrof.net PLANNER: Cari Anne Holcomb 920.5092 Description of ProjecUDevelopment: The Applicant is requesting approval of an Activity Envelope with vested rights. Site Plan review is not requested at this time. Site Plan Approval including possible Scenic View Protection shall occur prior to submission of a building permit. A previous 1041 Hazard Review was approved pursuant to 09-2004; that vesting has expired. Land Use Code Sections to be addressed in letter of request lapalicationl• Sec. 2-30-20(g): Activity Envelope Criteria for Approval; Sec. 7-10-50: Activity Envelope; Sec. 7-10-60: Priorities in Locating Activity of Development; Sec. 7-20-10: Site Preparation and Grading; Sec. 7-20-20: Steep and Potentially Unstable Slopes; Sec. 7-20-30: Water Courses and Drainage; Sec. 7-20-40: Floodplain Hazards; Sec. 7-20-60: Wildfire Hazard -Mapped Severe Wildfire Hazard Area; Sec. 7-20-70: Wildlife Habitat -parcel mapped Mule Deer summer and overall ranges; Elk Winter Range; possibly within Y. mile from elk and mule deer winter ranges and a migration pattern. Staff will refer the application to the following agencies: Snowmass/Capitol Caucus, Basalt & Rural Fire Protection District and CDOWJ S~; eld v - 7 e-wa ~e {{~ ,i~ Review by: Community Development Director Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) at least 30 days prior to the date specified to all adjacent property owners and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice is postmarked to submit comments or objections to the Community Development Department. FEES: $2,574 (make check payable to "Pitkin County Treasurer") Planning Office flat fee: $2,495 (non-refundable; based on 10 hours of Staff time at $249); if staff review time exceeds 12 hours, the Applicant will be charged for additional time above 10 hours at a rate of $249/hour); o Public Notice Fee: $54 o Web Technology Fee: $25 !JF/tji.~~L~ To apply, submit 4 conies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" and 11" x 17" Activity Envelope as designated in Section 2.1.1 of the Pitkin County Land Use Application Manual; 3. Previous Land Use Approvals (if applicable); 4. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use Application Manual; 5. Consent from all owners to process application and authorizing the representative; 6. Parcel description, including legal description and 8-1/2" x 11" vicinity map locating the subject property within Pitkin County; 7. Total fee for review of the application; 8. Signed fee agreement (1 copy); 9. List of all adjacent property owners and mineral estate owners (1 copy) 10. Copies of this pre-app form. NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED /N YOUR APPLICATION. - ALL MAPS SHALL BE FOLDED. - The Land Use Code is available on-line at httn://www.asnennitkin.com/dents/71/ - The Land Use Application manual is available on-line at - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information maybe required upon a complete review of the application. ~€j'~~ ATTACHMENT #12 ADJACENT PROPERTY OWNERS Andrew Russell 520 East Cooper Avenue Aspen, CO. 81611 Sherling T. Lauricella Revocable Trust 7155 Snowmass Creek Road Snowmass, CO. 81654 Hawley V. Smith Jr. Trust I 1 San Jose Place #7 Jacksonville, FL. 32257 Marvin A. Tillman P.O. Box 427 Palisade, CO. 81525-0427 Michal Ann Brimm 262 Wildwood Lane Aspen, CO. 81611 Thomas R. Gardner 484 Shield O Road Snowmass, CO, 81654 Marc A. Sparks 5010 Addison Circel Addison TX. 75001 Henry T. Lowe Revocable Trust 911 Crestland Avenue Columbia, MO. 65201 ~~z?°~^~ Atta~hr~ent - _ _ _ _ Owner's Pol Fidelity National Title Insurance Company A Stock Company Policy Number 1312- OWNER'S POLICY OF TITLE INSURANCE 13 of Tale Insurance SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS. FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of.• I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized of)icers as of Date of Policy shown in Schedule A. Fi€ielitgr 1'datlonal Titla In~uranee Company ,,.~. ` Pitldn Coaoty Title, Inc. ~`yp+•~'g q~~~ . ,~.w+k~ 601 & Hopkim Ave. 3rd Floor ''4~~+`~'~- ~;- ~ eepen, ceawbao alsll ~ ~SE."~L'ts 970.9Y5-1766 P6./970.9%-65Y7 Fa: "b~ `•' ~~jj~ 877-Y173158 Toll Fra ~~ ~.....! l Countersigned: Auth r• ed Si re (Please print name elow) tsp. ~4~?+`I-a+l l r p'~,~,t,- ~ ._.. V'fl'I tiI' ! Pra.idcut .i // /l / ~eereWn FORM 1312 (7/0~ ~ ~ r1 ALTA Owner's Policy (10-17-92) PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3rd Floor ASPEN, COLORADO 81611 970-925-7766 ~ 970-925-6527 FAX August 30, 2006 MYLER LAW FIRM 211 MIDLAND AVENUE BASALT, CO 81621 ATTN: ROBYN J. MYLER RE: LOT 14, SHIELD OTERRACE -- PCT20683F3 Pitkin County Title, Inc. is pleased to provide you with the owners policy along with the following endorsements relative to the above mentioned file: Endorsement Form Endorsement Form Endorsement Form Endorsement Form Endorsement Form Endorsement Form Please review the policy in its entirety. We at Pitkin County Title, Inc. believe in providing you, our customer, with a quality product which will serve your needs. In the event you do find a discrepancy, or ff you have any questions or comments regarding your final policy, please contact us and we will gladly handle any request you may have as efficiently and quickly as possible. We have assigned the above number to your records to assure prompt processing of future title orders involving the property. If you sell or obtain a loan on this property within 5 years, ask your broker or agent to contact our office to ensure re-issue rates which may be available to you. Thank you very much for giving Pitkin County Title, Inc. the opportunity to serve you. Sincerery, Vincent J. Higens President Vh Enclosures: ~~~~J? SCHEDULE A-OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT20683F3 Juty 21, 2006 @ 10:24 AM $895,000.00 1312-682174 i. NAME OF INSURED: CHRISTINA WALKER-BRINSON 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: CHRISTINA WALKER-BRINSON 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: A tract of land situated in the South one-half of Section 22, Township 9 South, Range 86 West of the Sixth Principal Meridian, more fully described as follows: Lot 14, Shield-O-Terraces, described as follows: Beginning at a point of being 669.02 feet, North 19°00' East from the South 1/4 corner of Section 22, Township 9 South, Range 86 West of the Principal Meridian, thence North 53°48' East 148.60 feet; thence South 37°20' East 445.06 feet; thence South 47°17' West 363.60 feet; thence South 64°17' West 19.38 feet; thence West 89.45 feet along the North line of the A. McKenzie patent to the Northwest corner of the A. Mckenzie patent; thence South 100.00 feet along the West line of the A. McKenzie patent; thence South 89°09' West 248.15 feet; thence North 22°14' East 118.40 feet; thence North 13°Ot' East 287.96 feet; thence North 27°36' East 264.86 feet to the Point of Beginning. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81871 (970) 825-1788/(970)-925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT20683F3 July 21, 2006 @ 10:24 AM 1312-682174 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Water rights, claims or title to water. 6. Taxes for the year 2006 not yet due or payable. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded January 11, 1904 in Book 55 at Page 509. 8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded March 23, 1911 in Book 55 at Page 187. 9. Terms, conditions, provisions and obligations as set forth in Deed recorded October 2, 1951 in Book 176 at Page 603, Deed recorded Apri127, 1966 in Book 220 at Page 190 and Deed recorded September 7, 1966 in Book 222 at Page 459. 10. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded January 2, 1970 in Book 245 at Page 697. . 11. Easements, rights of way and all matters as disclosed on 1041 Hazard Review Plat of subject property recorded October 14, t 988 in Plat Book 21 at Page 85 and Amended 1041 Hazard Review Site Plan recorded June 22, 2000 in Plat Book 53 at Page 91. 12. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Shield-O-Terrace recorded June 24, 1968 in Book 235 at Page 137 and Amendment thereto recorded May 27, 2()03 as Reception No. 483213, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 13. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 97-33, Series of 1997 by Board of County Commissioners recorded September 8, 1997 as Reception No. 408165. 14. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded January 31, 1997 as Reception No. 401412 as Resolution No. 96-145. (Continued) ,, POLICY NO. 1312-682174 CASE NO. PCT20683F3 SCHEDULE B-OWNERS --EXCEPTIONS--CONTINUED- 15. Ter~.+o, conditions, provisions, obligattons and all matters as set forth in Resolutiot~af t~°--~O~ounty Commissioners recorded September 4, 1997 as ReceDti~ No. 4ooo,a as riesolu on No. 97-156 and re-recorded February 13, 1998 as Reception No. 4i 3575. 16. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded June 21, 2000 as Reception No. 444400 as Resolution No. 94-2000. 17. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 35, Series of 2000 by Board of County Commissioners recorded August 17, 2000 as Reception No. 446171 and re-recorded September 8, 2000 as Reception No. 446799. 18. Terms, conditions, provisions and obligations as set forth in Agreement recorded August 17, 2000 as Reception No. 446172. 19. Terms, conditions, provisions and obligations as set forth in Administrative Decision recorded February 9, 2004 as Reception No. 494317. 20. Easements, rights of way and all matters as disclosed on Plat of subject property recorded February 17, 2004 in Plat Book 68 at Page 59. 21. Any loss or damage resulting from adverse possession or any possessory interest for any fenceline encroachments as disclosed on Survey of High Country Engineering, Inc. dated June 19, 2006 as Job No. 2061711. EXCEPTIONS NUMBERED 1, 2 ,3 AND 4 ARE HEREBY OMITTED 0®Oi~35 PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on November 20, 2008, the Pitkin County Community Development Director granted approval for the Approving the Walker-Brinson Activity Envelope Review with Vesting (Case P111-08; Deter. #11 I-2008). The property is located at 51 Shield O Road and is legally described as Lot 14, Shield O Terraces. The State Parcel Identification Number for the property is 2645-224-00-022. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Asnen Times Weekly, on December 14, 2008. PUBLIC NOTICE RE: Walker-Brinson Activity Envelope Review with Vesting (Case Pl 11-08) NOTICE IS HEREBY GIVEN that an application has been submitted by Christina Walker-Brinson (4 Larkspur, Portola Valley, CA 94028) requesting an Activity Envelope with vested rights. The property is located at 51 Shield O Road and is legally described as Lot 14, Shield O Terraces. The State Parcel Identification Number for the property is 264522400022. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920-5482. Published in the Aspen Times Weekly on October 12, 2008. Attention Adiacent Property Owners A property owner receiving this public notice shall provide comments or objections to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, By November 12, 2008. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 September 22, 2008 Glenn Horn 215 South Monazch Street, Suite #104 Aspen, CO 81611 ghorn@rof.net Re: Walker-Brinson Activity Envelope Review with Vesting (PID#2645-224-00-022; Case# P111-08) Deaz Mr. Horn: 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 information from you directly. Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property owners with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by (15 days out) October 5, 2008. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice shall provide comments or objections to the Community Development by (30 days out) 5~' day of November, 2008. If any objections to the development application aze received by this date, the Community Development Department shall continue the application to a public hearing before the Boazd of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the neazest public way) on the 215` day of October, 2008, which is at least fifteen (15) days prior to the (30 day out) November 5, 2008. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2-20-100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Snowmass/Capitol Creek Caucus Basalt Fire Colorado Division of Wildlife FROM: Mike Kraemer, Community Development Department Re: Walker-Brinson Activity Envelope Review with Vesting (PID 2645-224-00-022; Case Pl 11-08) DATE: September 23, 2008 Attached for your review and comments are materials for an application submitted by Christina Walker-Brinson. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, November 5, 2008. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. Michael Kraemer From: Glenn Horn [ghorn@rof.net] Sent: Friday, October 17, 2008 10:44 AM To: Michael Kraemer Cc: 'Kevin Michelson' Subject: Walker Birnson Mike: I just talked to Kevin Michelson. He lives in Shield O Terrace and is on the Board. We have a mistake on the site plan. The Activity Envelope needs to be all on the property. There a little triangle off the boundary. Also Kevin thinks there should be a setback from the road for septic systems and landscaping. This allows for pushing snow off the road. I said that we would get rid of the Activity Envelope for septic and setback landscaping 20 feet from the road. Glenn. l o-~ y Michael Kraemer From: Kevin Michelson [kmichelsan@billposs.com] Sent: Friday, November 07, 2008 9:42 AM To: Michael Kraemer Subject: RE: Walker-Brinson Mike, Yes, sorry I haven't yet responded Basically, we are looking to maintain the 30' roadside utility and access easement based upon the existing roadway rather than the property lines. The board would like to review the revised activity envelope prior to recording. When the subdivision was created, the road was intended to follow the property lines, and that is why the easement was created. The concept works fairly well throughout the subdivision, but in this particular case, the road cannot follow the property lines easily. Also, I am not sure the site plan needs to designate an activity envelope for septic, access, and building. My assumption would be that one activity envelope would be more appropriate. If you have any further questions, please contact me. Kevin From: Michael Kraemer [mailto:Michael.Kraemer@co.pitkin.co.us] Sent: Friday, November 07, 2008 9:36 AM To: Kevin Michelson Subject: Walker- Brinson Hi Kevin, Any comments after your meeting last night? 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V ~~ ,~ Z ~ ~ .=k ~~ J ~ m°v '~~ e V/ J ~3.'+ a h~ Z {yi ~ Wag a,, ya&a _ w m owl /. ~ Cyg e @?~I .- ~ ~ I ~ 4 = ~'; 7=;s '~~ e Ytl'Y J G E _ °e~' ~dwe I~$ T£ II '> F ~ b o a - ab ~ SsLg~ 1 pm La, .'fw4 v2jpd Stl ~~jj + 1 ~ Ye- Y„a ELY ~ ~4d: r = 9•ay'yb ~ tya `-'}L yiF i = ° i~ ~Itl :~ ~ye :i~ ' 3 Michael Kraemer From: Kevin Michelson [kmichelsan@billposs.com] Sent: Friday, October 17, 2008 11:02 AM To: Michael Kraemer; Glenn Hom Cc: mvernon@sopris.net; ekl2hansen@earthlink.net; joysan@sopris.net; vhsjr@bellsouth.net; sallie@sopris.net; leonaitislarry@yahoo.com Subject: Walker -Brinson; 51 Shield-O Rd.; Lot 14 Attachments: WALKER-BRINSON ACTIVITY ENV-Redline.pdf Mike, Please see attached PDF containing two comments regarding the proposed activity envelope. As Glenn Horn mentioned to you in the email copied below, we are concerned about snow removal adjacent to Shield-O Road. A 20 foot setback from the existing roadway would probably be appropriate. Please note that these are my comments. The SOTHA board will be meeting November S`h, and we shall discuss the proposed Activity Envelope. Should there be any further comments, I will relay them to you after the meeting. Regards, Kevin Kevin Michelson Bill Poss and Associates Architecture and Planning, P.C. P O S S ARCHITECTURE + PLANNING 605 EAST MAIN STREET ASPEN, CO 81611 (t] 970/925-4755 (f] 970/920-2950 (e] kmichelson@billposs.com From: Glenn Horn [mailto:ghorn@rof.net] Sent: Friday, October 17, 2008 10:44 AM To:'Michael Kraemer' Cc: Kevin Michelson Subject: Walker Birnson Mike: I just talked to Kevin Michelson. He lives in Shield O Terrace and is on the Board. We have a mistake on the site plan. The Activity Envelope needs to be all on the property. There a little triangle off the boundary. Also Kevin thinks there should be a setback from the road for septic systems and landscaping. This allows for pushing snow off the road. I said that we would get rid of the Activity Envelope for septic and setback landscaping 20 feet from the road. Glenn. y County of Pitkin ) AFFIDAVIT OF NOTICE & MAILING ss. PURSUANT TO THE PITKIN COUNTY State of Colorado ) LAND USE CODE SECTION 2-20-100 I, GLENN HORN, being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by certified, postage prepaid U.S. Mail at least two weeks prior to the public comment deadline to all owners of property adjacent to the subject property, as indicated on the attached list, on the 7th day of October, 2008 (which is more than 15 days prior to the deadline of November 12, 2008). The names and addressees of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 7th day of October, 2008, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. CHRISTINA WALKER-BRINSON Applicant Signed before me this 13 day of November, 2008 by Glenn Horn. WITNESS my hand and official seal. My Commission expires: 10/24/2012 JANET LYNN RACZAK, Notary Public ... JANET LYNN RACZAK ~Y Camp ~~~ _ 2oi 2. t~~ ti J W U K Q a 0 w ~ y W N~ O ? O N v a y o~~ 3 3 °a ®~ n, IJ ~ ~~ r LL Z 4 n d~ ~~ w Z :~ .... ~._... ".r~,:~ <,:,:. :-; s !a ,: .: ,, ~. gy~y~<.....;. ' : ':tr:-:~. ..~.. ~.. ..... ,r~: .: ,...ay~~RQ! ... ° i:;~~~; ;`... . ._ .......: ~ ....:....r na .-r:e;; tin~iDr``,G:'t:.Fv*,?~x . ; a S<„x,; s; .: ~v ..: ~:,.,,.,„~. ... x ~'~ -......!i.. ;. :. r..^ .~ s u} k ~ ~I e anu .......... ..: w:..:.. v......o. ...:::f:"a.:: x..:.,va..; 4,;t.~°:...v ie•.: z~ufvi??;;i4.tvk '}.~.{'IeCa PITKIN ~JNTY COMMUNITY DEVELC>•IAENT Permit Receipt RECEIPT NUMBER 00026637 Name: Davis Horn Inc Date:9/9/2008 Project Address: 51 SHIELD O RD Type: check # 11512 Permit Number Fee Description Amount 0111.2008.PLAN PP- Flat Fee 2,495.00 0111.2008.PLAN PP- Clerk Tech Fee 25.00 0111.2008.PLAN PP- Public Notice Fee 54 00 Total: 2,574.00