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HomeMy WebLinkAboutpitkin.planning.291102100014 (3)_: ,,, ... DCICUMENT LAYOUT THIS FILE MAY OR MAY NOT' CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for fhe BOCC and/or P&zZ Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17} ...... .. .....~ . , ... .. ,..:r..~..:. ;.... ,. ;-s F%1RCEI:iD: 2911-021-00-014 DATE ,... -«. -^:s,„- . k..v;. i'rk`.`., 5e,''s;;, :: ;~~ ; is y5:y~ `. 6.Y v` :y, _a•+.,,: lA. :e:.~.;:..,{tea 1tt: GH . `... - x:,~.a.ae;n Kx,;~;5,~: ~:~ P rz~~ ~~M~"... x.ys .~.;•. ... 9399 .::vmx-:..-. ~=ap ~i+ 't - 1 ~~,.4.0:': ~ :.. x++44 ••n<kJ °FJ ~ ~„ r., .. ~ bdNj •.::5«i ~ . ».a ~.~"r!s*-1`[.,. ] -aE r~„~'~ ce ,~f uiL ){+~na~+f~1~ «+~~S ~~~- ~e w e, +et" nw . ~ ` CASELOAD , SUPIl+fARY ._SHEET, . PITRIN COIINTY DATE RECEIVED:. ~l .3' DATE COMPLETE' PROJECT Project Applicant. REPRESENTATIVE: 0011 ~ Representative Address, PAID: ~YES~ NO AMOIINT 1) TYPE OF APPLICATION: 1 STEPc '~"'~~~/ 2 STEP: 2) j/E.S STEP.~PPLICATION GOES TO: ~~r ~ P&Z `~ BOCC C~HEAR_--IN~G IS BEFORE: ' 3 L/P~T,I/ P&Z BOCC ~~C~j~L ID AN~j CASE NO. STAFF MEMBER- E~- n /. t ~ ~ ' ~ ! ~ l 7~i a ~cl ~ ~ ~ ~ c J JP ~-, e u f ~ n~ m. N/A ,. i DATE REFERRED: INITIALS'- STAFF LEVEL: 1041 HAZARD REVIEW'i DATE OF APPROVAL REFER RALS- / v County Atty Aspen"Consol S.b, School Districf, ~~County Engr Mtn. Bell ~ Rockp'Mtn Gas" Hous~,ng Dir. Env1r. Coordin. Stake Hwy Dept ''` Aspen Water Haly Cross Electric' (Glwd)` (GrJtn) ~~ ~~~ City Electric Fire Marshall Bldg Zon/Inspt.- - ~'/ ae's Vi11 ~ Geo Surve~j~~f~rd0 U County 1+tyr. _ - ,_. ~~ SFS Div. ''Wildlife State Plan. Off. biv. Water'Res.` Trails Dir. Others' ' Other: ~~ FINAL ROUTING: DATE ROUTEDs INITIAL: County Atty County Engineer Building Dept. Housing Dir. En6ir. Health; ' ~ ~ '~ Other. • _ FILE STATUS AND LOCATIONc " y.~o clo k ~! •~ ~,~: Recorded, at '' ~ -~ l~eception`o SILVIA OAVIS PITKIN COUNTY RECARDER RESOLUTION OF THE PITKIN COUNTY PLANNI27G At7D ZbNING COMFIISSION GRANTING 1041 GEOLOGIC ENVIRONMENTAL HAZARD REVIEW ° APPROVAL TO VALERIO/HIGHLANDS Resolution No. 88-,~ WHEREAS, James Valerio and.. Highlands Investment are the owners of two separately developed contiguous lots of land generally located in the Conundrum Creek area and more' specifically described in Attachment A; and WHEREAS, Valerio and Highlands Investment (hereinafter "Applicants") submitted a 1041 geologic Environmental Hazard Review application to the Pitkin County Planning and Zoning' Commission for their review and consideration. WHEREAS, the Planning and Zoning Commission considered the. application at a duly noticed public hearing held on March 8, 1988 continued to April 5, 1988. NoW, THEREFORE, BE IT RESOL~TED by the Pitkin County Planning and Zoning Commission that it does hereby grant the Applicants 1041 Geologic Environmental review approval subject to the following conditions: 1) Preparation of a revised 1041 plat including the following information. a. A statement committing the applicant to construct an access road consistent with the conceptual plan on '' file in the Aspen/Pitkin Planning Office, or a similar plan acceptable"to Erigneerng with visual impact equal to or less than the plan on file as determined by the Planning staff. b. A statement committing 'the applicant "to revegetate the '' hillside in a manner acceptable to the County's Land Use Specialist." c. A statement committing the applicant "to post a bond prior to the issuance of encroachment permit with I _. ea~~~` 561 PasE77~. Resolution No. 88-~ Page 2 Pitkin County in the amount specified to cover costs for revegetating the proposed access cut. d. A statement committing the applicant to take measures', to rectify any damage to the spring below the access. road which may result from road construction. e. Proper spelling of Valerio's name. f. Location of the proposed septic systems for the subject' properties. g. Identification of a driveway easement across Valerio's parcel to the Highland Investment parcel and reference', to the plat book and page for 'the recordation of such an easement. APPROVED by the Commission at its regular meeting on April i 5, 1988. ATTEST: F-~ J anette Jones, eputy County erk APPROVED AS TO FORM: Thomas F. S h, County Attorney PITKIN`COUNTY PLANNING AND ZONING COMMISSION' By ~.~'!/ 1 --~~ Ji'm Y2eser, Chairman APPROVED AS TO CONTENT: L ~! `~~~~ Alan Richman, Planning and Development Director GH.VALERIORESO -:'sit t ~s t•r "A' ~~ -900K ~6~ PAGE_ , ~f ,. i 7001t~~2 ~j6:,i1~ . .\.CIacL o: 1.+nQ In Section 3, Toa.n::.+iP 11 mouth, t!angc ,5 ::ent of the 6th Principal Y.cridian, cnticcly within .::o v~u:l,:.aries o! ttoaastcad rnt:ry Survey Ko. 112, said a. C.S. ::o. 112 l~c~tcd Ess Section 2, Township 11 South, ~tasya >a5 W:at of the 6Ch i+rincipat i~~xidian and fn ~ccLion lS, :ownahip 10 South. Ranya 95 hest of tha Gih ?rinr^.pal a~:idian, described as follows: "c,iaainq ac a ;wint on the lire betwcan ~orncrs No. 9 :nd ~ o: a., id ii.r:.5. No. 112, whancC ssitl Corner No. 8 :.+c.,:. 5. 21.11':1, 111.65 Lc¢ei thence S. <00.3~{ teat to a i+oiae, t:x•nce N. 1. 2G• 8., 71.10 feet; thence N. .<•>S':1., IOS.tl :vet: to a l,oine; t.hcnco H. 17.17"''E., 11;.98 :oce to a joint; Chance tr..]ol.G9 feet to tha line .`.eL..•.rn said C.~tners N. Q 3rd 9, thcaca S. 2I•Il' tiu., 215.0, :cec to tb~ point of tacginninq. Cu~nty a! ?itky~, Stata of Colorado <:. r ~, Exhibit "R" eooH J6~ A tract of land located wtriin the bgundaries of H EuS. Noy.,ll?. Township 10 and 11 south, Range 85 Nast of the 6th Pr,ncipal Meridian, more fully described as follows: Beginning at corner No. 8 of said. H.E.S. No 1'12, thence S 4b 53'W 204.36 feet along the line between corners 7 and 8 thence East 60G.68 feet; thence N. 39 15' E 72 feet; thence N. 52 28' E. 97.83 feet.; thence N. 88 52' W. 18.74 feet; thence 71 57' W 269.79 Feet; thence N. 36 36' E. 84.79 feet; thence N. l 26' E. .35.34 feat; thence west 400.72, feet to the line bettteen corners .8 and,.9; thence S 21 12' W 141.63 feet to corner No. 8 the point of beginning. Containing 3.1I acres more or' less. County of Pitkin, State of Colorado. "~ ~,""^ .._ .. ` '~ APPROVFp AT s AL'6 - 21988 MINUTES MEET uV6 PITKIN COIINTY PLANNING & ZONING COMMISSION REGULAR MEETING APRIL 5, 1988 MEMBERS PRESENT: Suzanne Casket', Peter Guy, Jim Reser and Ed Zasacky ALTERNATES PRESENT: Bob Pietrzak CALL TO ORDER: Chairman Reser called the meeting to order at 9:10 a.m. COMMISSIONER COMMENTS: Chairman Reser called for commissioner comments. Tfiere were 'none. ` PLANNING STAFF CONfPtENTS: Glenn Horn, representing the Planning Office, commented"~mf`iat`the meeting dates in May have been changed to May 10th and May 24th because the Board of County Commissioners changed their meeting dates to P&Z dates and the workload would have been too heavy for staff to handle both boards. Also, he advised Commission members that the. Board of County Commissioners has asked the Planning Staff to do some, work on mining claims and the potential for .development of patented mining claims. Staff has reviewed this, and have an idea of the extent of the development potential on mining claims. This was spurred on by some requests which have been received for development on Smuggler Mountain, Hunter Creek and Little Annie Basin for single family lots• The Planning Office will be receiving requests for low impact subdivisions on .placer claims in the AF-1 District and two for Smuggler Mountain for former MCO holdings. They are in the process of looking into some long term solutions. In the short term, there is a section in the Enforcement Chapter 18.22 which states that anyone who wants to apply for a building permit on land which is not located in a platted subdivision is subject to the general regulations and submission requirements of the General Submission section. The Board has told staff that they want to apply this section of the code which has not been applied in many years. What this means, is that anyone who wants to develop on a parcel of land which has not been platted will have to submit information consistent with the requirements for General Submission. There will be an exemption process set up to PLANNING & ZONING COMMISION 1 APRIL 5, 1988 w^.. ~' ,.. exempt them from full General Submission if they meet certain requirements. TO GERALD NINES FOR A PARCEL OF LAND'7ACATED` TN THE OWL CREEIC'- VALLEY - This item was first heard on"Mardi 22; 1988. Peter Guy commented that there was discussiorn-at the last meeting that a statement should be added addressing the environmental and wildlife concerns of the area. After a short discussion it was agreed that a statement be added to the Resolution stating "that the proposed development presents inconsequential environmental impacts but no reliance shall be placed on this approval for subsequent additional development which may result in more. substantial impacts." Zasaeky moved to direct'the Chairman to sign the Resolution with the above referenced amendment: Guy seconded, and the motion passed unanimously. RESOLUTION - GRANTING 1041 GEOLOGIC ENVIRONMENTAL HAZARD REVIEW APPROVAL TO VALERIO/HIGHLANDS" - Horn summarized this item by stating that on March 8, 1988, member's°tabled this matter pending the development of a conceptual design for the driveway accessing the .parcel. The applicant has submitted the requested materials and a report prepared by geologist Nick Lampiris concerning groundwater on the site. He presented to members a conceptual plan design which proposes mechanical support of the driveway utilizing gabions and boulders. Tom Newland, County Land Use Engineer, has indicated that the driveway plan is consistent with County standards. He suggests that provisions be made for revegetation of the road and recommends a condition calling for repairs to the existing spring which may result from construction damage. Based upon the staff review of the materials submitted by the applicant, it is their opinion that the applicant has adequately mitigated 1041 hazards. The Planning Office recommends that the P&Z approve the attached Resolution granting 1041 environmental hazard review subject to conditions. A copy of these conditions are attached to and made a part of this record as Exhibit "A". ' John Kelley, representing the applicant, stated that his client would like to ask for the opportunity to explore alternative types of construction which would be as effective but possibly more cost effective than gabions. It was agreed that this would be permitted as long as it met engineering standards. Guy moved approval with that revision to the conditions. Zasacky PLANNING & ZONING COMFSISION 2 APRIL 5, 1988 >... w.. x..~ ., .. ,~,. •~..... .{ ., .... ., fll'F ?'~~ IMF Aux a' ua~ #A~~;~~ PITKIN COUNTY PLANNING & ZONING COMf+IISSION REGULAR MEETING MARCH 8. 1988 PRESENT: Chairman Jim Reser, Ed Zasacky, Bob Pietrzak, Carol Craig,-Bill Meehan, Peter'Dobrovolny and Peter Guy ALSO PRESENT: Cindy Houben, Glenn Horn and Francis Krizmanich COMMISSIONER CO TS: Chairman Reser asked if there were any comments from the CoSiimissioners. There were none. PLANNING STAFF COMMENTS: Glenn Horn commented that the Planning Office has a subdivision proposal for the Cozy Point Ranch scheduled for March 22, 1988. He felt it appropriate if staff and Commission members scheduled a site visit to the property. It was decided to visit the site on Tuesday, March T5. 1'1V11V1~ 1V earrtcV Vla ~ Hll riles ~ '1'S11S 1Lem was alSCUSSea aL Lne regular meeting on February ib, 1988. At that time, staff was instructed to make certain changes to the conditions. Cindy Houben asked members to refer to Condition No. 6 which pertains to a commitment by the applicant to housing the number of employees generated by the 1988 application. Ed Zasacky moved approval of the Resolution and authorized the Chairman to sign. Meehan seconded acid the motion passed AIF`MC. au:.v i.a.n - rivitvn iv 1lfDJ~r lv tirl[tL ~ 17b6 - lzl eliR Horn SLaL2a that the applicants, James Valerio and Highlands Investments, are seeking 1041 Environmental Hazard Review approval to construct and access driveway to two parcels of land. The access road is proposed to be cut on a 60 peroenf slope. Staff has visited the site twice with the. applicant and Land Use Engineer, and they are disturbed by the need for this road cut, because the subject properties may be reached from either the north and south via their neighbors existing driveways. Presently, access is via the Killam parcel located to the south of the Highland Investment parcels. Radcliffe Rllam~~Tias been approached with regard to possibly selling Valerio an access easement. However, he has indicated that his family is not interested in doing so. 1 PLANNING & ZONING COMMISSION MARCH"8, 19$8 "' ~` ~ ~i- Several years aqo, an access road was constructed to the bench via the Birk parcel, but Valerio did not participate in the road construction. John Case, Attorney for Mr. Birk, stated that Birk did have some dispute with Mr. Valerio over who was going to pay for certain associated costs and how the access road was going to be done. Therefore, his client severed all relationsfiips with the him, and he does not feel at this time, that can be repaired. Based upon the severity of the slope and the comments received from the Environmental Health Department and.. County Engineer, staff is uncomfortable granting 1041 approval to the applicant in the absence of a detailed engineering plan for the mechanical support and a revegetation plan for the slope. Due to the steep slope, the County Engineer now recommends that detailed engineering plans be done'a`s'part of the 1041 process rather than during the County encroachment process. He recommends that the engineering plans should also address the relationship between the road cut and the adjacent spring. The Planning Office recommends that the Valerio/Highland 1041 Review be approved conditioned upon the submission of the conditions listed in staff's memo. A discussion ensued with regard to the request and the condition recommended by planning staff that an engineering report be submitted. John Siegle, Attorney for the applicant, stated that they do not want to build the road either. However, they have to get legal access to the property, and before they do start constructing a road, they would explore other alternatives. After further discussion, it was determined that the applicant shall submit a conceptual engineering plan reflecting the retaining structures for the Planning Commission to review and sign off on, and to .have staff review and sign off on the technical engineering report. Condition No. 1 will be changed accordingly. It was the consensus of members that staff shall have the authority to sign off on the other conditions listed. Peter Dobrovolny moved to table baseii on a request for a conceptual engineering plan. Zasacky seconded and the motion passed AIFMC. There being no further discussion, the public hearing was tabled to April 5, 1988. SIMONS SPECIAL REVIEW SEPARATSON OF 5iTBSTAFIDARD LOTS - Motion to PLANNING & ZONING COMMISSION MARCH 8, 1988 '` JUL 91988 JON DAVID SEIGI.E ATTORNEY AT LAW ~~ ~ _..,._.-.. _.. _.__.. '~ 925 CHATFIELD ROAD SPEN, OLORADO 81611 __...... __.. ..._.....-.-.______..____. ._... TELEPHONE (303) 9256938 TELECOPIER (303> 925-7935 July 7, 1988 Mr. Glen Horn Pitkin Gounty Planning Office 130 South Galena Street Aspen, Colorado 81611 RE: Highlands Investment/Valerio/1041 Review Dear Glen: This letter is to confirm our telephone conversation in which you indicated to me that the approval granted by the Planning Commission of Pitkin County, Resolution 88-12, which was the approval of the 1041 Hazard Review Application by Highlands Investment Company and James Valerio is permanent in nature and that there is no time deadline for the owners of the property to complete the improvements contemplated by the approval. The owners of the property presently intend to install the road next year and want to make sure that this time line did not in any way jeopardize the approval they have received. From my review of the Pitkin County Land Use Code and from our conversation, I am also of the opinion that there is no time deadline for completion of the matters that were subject to the approval. If, for any reason, I am incorrect in either my under- standing of our telephone conversation or my understanding of the Pitkin County Land Use Code, would you please contact me as I do not want to jeopardize the approval that has been granted to my client. Sincerely yours, Jon v Seigle JDS/veg cc: James Valerio JDSBA/69 MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Glenn Horn, Assistant Planning Director RE: Valerio 1041 Environmental Hazard Review DATE: April 5, 1988 BACKGROUND On March 8, 1988 the Planning and Zoning Commission tabled the Valerio/Highlands 1041 pending the development of a conceptual' design for the driveway accessing the parcel (see attachment 1- copy of original packet). The applicant has submitted the, requested materials. Attachment 1 contains a report prepared by geologist, Nick Lampiris, concerning groundwater on the site., Attachment 2 is a copy of Tom Newland's comments regarding the conceptual road plan. PLANNING OFFICE COMMENTS: The conceptual plan design proposes mechanical support of the driveway utilizing gabions and boulders. Copies of the plan will be presented at the meeting. Tom Newland has indicated that the driveway plan is consistent with County standards. He suggests that provisions be made for revegetation of the road and recommends a condition calling for repairs to the existing spring which may result from construction damage. Based upon the staff review of the materials submitted. by the applicant, it is our opinion that the applicant has adequately mitigated 1041 hazards. RECOMMENDATION: The Planning Office recommends that the P&Z approve the attached- resolution granting 1-41 environmental hazard review subject to the following conditions: 1) Preparation of a revised 1041 plat including the following information. A statement committing the applicant "to construction access road consistent with the conceptual plan on five in the Aspen/Pitkin Planning office." b. A statement committing the applicant "to revegetate the hillside in a manner acceptable to the County's Land Use Specialist." c. A statement committing the applicant "to post a bond prior to the issuance of encroachment permit with', i .. ~ Pitkin County in the amount specified to cover costs for revegetating the proposed access cut. d. A statement committing the applicant to take measures to rectify any damage to the spring below the access road which may result from road construction. e. Proper spelling of Valerio's name. f. Location of the proposed septic systems for the subject properties. g. Identification of a driveway easement across Valerio's parcel to the Highland Investment parcel and reference to the plat book and page for the. recordation of such an easement. GH.VALERIOMEMO 2 Nicholas Lampiris, Ph.D. OONSUITiNG GEOLOGIST 0654 TtIGHW AY 82 CARBONDALE, COLORA00 81623 (36319833600 March 18, 1988 Dean Gordon Schmuesar, Gordon ?< Meyer 1512 Grand Avenue Glenwood Springs, CO. 816U1 FE: Ground Water Study, Castle Creek Driveway Site Dear Dean: I have completed my investigation of the grbund water situation in the vcihity df the cnhfluence 6etweeh CohLlndrum and Castle Creeks an the west side of the valley. This is near the boundary between the Hayden Peak and the Aspen 7 1/2 minute quadrangles, Pitkin County, Colprado. The proposed homesite which the driveway is td service is on a bench overlooking the Castle Creek valley. This bench, at the foot of ~ mquhtainside td the west, is cbmprsed of Quaternary age moraine material of Glacier "A." This moraine material is unconsolidated, unsorted, and uhstratifiad silts, sands, cobbles and boulders with a very gdod permeability. The bedreck. in the vicinity is the Pennsylvaniah-Permian Maroon Formation, a red, fiematite-cemented sltstohe, shale and sandstdne'which crops out above and to the west of this site. St dips approximately 45 degrees td the northeast. I walked all around the property, even though the snow was quite deep in some areas, and was not able tp see any sign of bedrock down to the base of this bench which the driveway must traverse. I looked especially carefully in the vicinity of an e::isting spring which is drveh into ttte slope below the bench appro::imately fdur to six feet above the valley floor. I am familiar with this area, as I have done work here in the summer. The area below the bench where the spring is located is a fairly wet area with interesting hummocky terrain and lush vegetation, indicathg thaf there is probably seeping water all aldhg the base df this bench, and not gust where the spring is locgted. It is my opinion that this spring could have been developed anywhere along the base of this morainal unity which acts as a sponge or reservoir for water coming ddwh off the mountainside to the west and being stored there. Fecause I could not see any bedrock along the base of the bench near the vicinity of the spring, I ihterpret th¢t the sprriq is n. A,. March 18, 1988 Ground Water Study, Castle Creek Driveway Site Page Two not the result of morainal material sitting directly on bedrock acting as an impervious zone. Kather, I believe that the spring is merely tapping the reservoir at a convenient location. As to any effect that cutting of the road may have on the spring itself, it obviously depends on tFie e::act`location"ahd size of the roadcut involved, In the worst case; if a fairly wide road platform is created just above the spring, there may some disruption just because of the pror.mity tb where the pipe is driven into the morainal material. I do not know the distance into the hillside the pipe has been driven, nor do I know thz present yield of the spring; however-, I do believe that if there is any change in the prdductivity df the spring, because of the road cohstruction, the spring can be slightly improved or relocated tb recover the approximate yield which e;;ists tdday. This conclusion is based on the fact that the morainal material is probably a fairly homogenous reservoir of water and can be tapped nearly anywhere along this hbrizoh. Let me stress that this does not preclude that construction of the road will not lead to some repair or slight relocation of the spring. I recommend that all the information available on the present spring be collected as to its present yield, historic fluctuations, and any'-other information which might be helpful in restoring the spring to its existing condition if at all necessary. If there are further questions, please do not hesitate to contact me. If there is a need far further field investigation, it should be after the snow has disappeared, although I do not belie+re that my cohclusions will 6e any different. Sincerely, Nicholas Lampiris Consulting Geologist NL/clk .~ .:~ ,~ , i - ~ i ~ l MEMORANDUM T0: Glenn Horn, Planning OFfice FROM:. Tom Newland, hand Use Engineer RE: Valerio Access Road DATE: March 29, 1988 I have reviewed the material you have sent me and have found the', plans and specifications acceptable for driveway construct'iori.~' The plans, signed and sealed by certified engineer Dean Gordon,', of Schmueser Gordon Meyer, Inc., meet the County driveway specifications. The driveway has been mechanically supported as',I it crosses the >30.6 slope with gabions and boulders. i My suggestions. are as,fallows,: .. 1) afterwcompletionnofe theaeprojectspbtheheperformanceonofothe spring is not as good as or better than it was previous toy construction, the owner will take measures to rectify the4 roblem to the satisfaction of the spring Dian®r". p _ _ 2) The applicant must also insure the regrowth of vegetation along the cut and filled areas This could be done through' w>~,< ,, ~e, A.,_. ~ a performance bond.. slope of the road ,approximately 12.8 percent.. Pitkin County then app icant ow dig r~COmme~iredppt ovappiye for pa perm tV via the,, Pitkin County encroachment process.. At That time, Tom will require' the applicant to submit detailed drawings developed and certified by a registered engineer depicting the proposed improvements. A revegatation plan should be guaranteed by the applicant. The applicant will also be required to show utility lines and demonstrate how they will be accommodated in the road plan. Tom has indicated that. he will require the applicant to make substantial improvements to the road cut similar to, those made by Walter and Rosemarie Birk on the neighboring property to the north. State of Colorado Geologic Survey (see attachment 4) - Jeffery Hynes, Senior Geologist, has reviewed the application and concurs with the opinions expressed by Nick Lampiris and Dean Gordon.; Hynes notes that Lampiris' comment regarding drainage should be taken very seriously and care should be taken in dealing with surface water and any springs or seeps encountered during the excavation. Hynes refers to Lampiris' comment quoted below: "At the base of the hillside to the main access road is humocky terrain with ancient- channeling probably of an old conundrum creek water course,. This area may contain soft or wet areas and will certainly need at least one culvert and proper compaction to ensure a usable road." PLANNING OFFICE CONlMENT5 The Planning Office staff has visited the site twice with the applicant and Land Use Engineer. We are disturbed by the need for this road cut, because the subject properties may be reached from either the north and south via their neighbors existing driveways. Presently, access is via the Killam parcel located' to the south of the Highland Investment parcels: On February 24 ,' 1988, I wrote Radcliffe Killam a letter urging him to consider selling Valerio an access easement. On Monday, February 29 ,' 1988, I spoke with Killam regarding the matter and he indicated easementh t their aneighbor.no Seve"ral yearsl agoel an access croad` was constructed to the bench via the 'Birk parcel, but Valerio did, not participate in the road construction.. It is unfortunate that an alternative access to the site cannot be obtained. The alternative is to construct an access road on a' 60 percent slope. The criteria listed in Section 5-401.2 (h) of the Land Use Code which are listed below must be met by an' applicant seeking to construct roads on slopes in excess of 30, percent. .- ~. MEMORANDUM TO: FROM: RE: DATE: Pitkin County Planning and Zoning Commission Glenn Horn, Assistant Planning Director Valerio/Highlands 1041 Environmental Hazard Revie~~-~ March 8, 1988 BACRGROUND APPLICANT: James Valerio and Highlands Investments. APPLICANT'S REPRESENTATIVE: Jon Seigle. ZONING: AF-l. SIZE OF PARCEL: 5.11 acres LOCATION OF PARCELS: The .parcels are located in the Conundrum Valley west of Conundrum Road on a bench. There are presently two A-frames in existence on the parcels. APPLICANT'S REQUEST: The applicant is seeking 1041 environmental hazard review approval to construct an access.. driveway to two parcels of land. As noted on Attachment 1, tfie access road is proposed to be cut on a 60 percent slope. REFERRAL COMMENTS, Environmental Health Department (see attachment _2) - Bob Nelson has reviewed the proposal and notes several concerns. The 1041 plat should locate the existing and proposed septic systems. In order to prevent lateral seepage of wastewater, the septic system should be setback at least four times the height of the cut bank for the proposed access road. Bob has noted a concern regarding the impacts of the proposed road construction on a water tank, flume and spring located 7'ust to the east of the property line. It is possible that the road cut will impact the quantity and quality of water in the spring. Bob 'suggests that the applicant may wish to employ the services of a qualified groundwater geologist in order to anticipate if there are any potential effects on the adjacent water supply. Land Use Engineer (see attachment 3) - The proposed access climbs a short, steep wooded hillside of at least 60 percent slope. The total vertical height of the bluff is about 45 feet and the length of the driveway is close to 350 feet, making the average ...., _~ ----z~-m-~F- ... ............... . _ ,. slope of the road approximately 12.8 percent. Pitkin County driveway standards recommend a maximum 12 percent grade. If the Planning and Zoning Commission approves the proposed driveway cut the applicant will- be required to apply for a permit via the Pitkin County encroachment process. At that time, Tom will require' the applicant to submit detailed drawings developed and certified by a registered engineer depicting the proposed improvements. A revegataton plan should be guaranteed by the applicant. The applicant will also be required to show utility lines and demonstrate, how, they will be accommodated in the road. plan. Tom has indicated that he, will require the applicant to make substantial improvements to the road cut similar to those made by Walter and Rosemarie Birk on the neighboring property to the north. State of Colorado Geologic Survey (see attachment 4) - Jeffery Hynes, Senior Geologist, has reviewed the application and concurs with the opinions expressed by Nick Lampiris and Dean Gordon. Hynes notes that Lampiris' comment regarding drainage should be taken very seriously and care should be taken in dealing with surface water and any springs or seeps encountered during the excavation. Hynes refers to Lampiris' comment quoted below: "At the base of the hillside to the main access road is humocky terrain with ancient channeling probably'of an old conundrum creek water Course. This area may contain soft or wet areas and will certainly need at least one culvert and proper compaction to ensure a usable road." PLANNING OFFICE CO1~II!tENTS The Planning Office staff has visited the site twice with the applicant and Land Use Engineer. We are disturbed by the need for this road cut, because the subject properties may be reached from either the north and south via their neighbors existing driveways. Presently, access is via the Killam parcel located to the south of the Highland Inve'§tment parcels. OYi February 24, 1988, I wrote Radcliffe Killam a letter urging him to consider selling Valerio an access easement. On Monday, February 29, 1988, I spoke with Killam regarding the matter and he indicated to me that the family is not interested in selling an access easement to their neighbor. Several years ago, an access road was constructed to the bench via the Birk, parcel, but VaIerio did not participate in the road construction. It is unfortunate that an alternative access to the site cannot be obtained. The alternative is to construct an access road on a 60 percent slope. The criteria listed in Section 5-401.2 (h) of the Land Use Code which are listed below must be met by an applicant seeking to construct roads on slopes in excess of 30 percent. 5-401.2 (h) "Development shall be discouraged on slopes of fifteen percent (15%) and greater unless problems of stability and erosion can be overcome. Any development approval shall be based on a detailed site survey including geologic and engineering analysis and shall comply with the. following: A) Cuts shall not be made into. slopes steeper than thirty percent (30's) unless mechanical support is provided. B) Cuts and fills, and grading and scraping shall be confined to the minimum area needed for construction. C) Steepness of cut and fill slopes shall be the maximum which will insure stability and still allow revegeta- tion. D) Development plans shall include reasonable but adequate control measures. Large tracts should be developed in small, workable units without leaving large areas for long periods. E) Use mulches or temporary cover on exposed soil areas and re-establish permanent vegetation and install erosion control measures as soon as possible. F) Incorporate natural drainage patterns into the development plan. Culverts, sediment basins and other engineering measures should be used where necessary to control erosion. G) Soil absorption sewage disposal systems could not be placed on slopes steeper than fifteen percent (15%). Based upon the severity of the slope and the comments received from Bob Nelson and Tom Newland we are uncomfortable granting 1041 approval to this applicant in the absence of a detailed engineering plan for the mechanical support for the slope and a revegatation plan for the slope. I discussed this situation with Tom Newland subsequent to the time that he wrote his referral comments. Due to the steep slope, Tom now recommends that the detailed engineering plans be done as' par£ of the 1041 process rather than during the County encroachment process. The engineering plans should also address the relationship between the road cut and the adjacent spring. RECOMI~~NDATION The Planning Office recommends that the Valerio/Highland 1041 Review be approved conditioned upon 'the submission of the following. 1. A detailed mechanical, plan approved by staff for the construction of the road prepared by a certified engineer which takes into consideration the impacts of road construction on the adjacent spring. 2. A detailed plan for the revegatation of the access road, estimate of the costs. and.,, the.. posting of a bond for reclamation. 3. Submission of a report from a ground water geologist reviewing the potential impacts of the access road on the adjacent spring and a commitment_ by the applicant to adhere to the geologist's recommendations. 4. Preparation of a revised 1041, plat including the following information: a. Proper .spelling of Valerio's name. b. Location of the proposed septic systems for the subject properties. c. Identification. of a driveway easement across Valerio's parcel to the,Highland Investment Parcel and reference to the plat book and page for the recordation of such an easement. d. Reference to the engineering plans for the access road which will be kept on file in the County files. The P&Z may not be comfortable with the staff the information listed above. If this is the to table the application. valerio/gh reviewing all of case you may wish 4 ArTzc,h W!, ~- L ' 6~ .. .., 'I' off .L`.rM1,', ~,.. ,. `:. ,v ..,...~ 4 ~ .,::. ~_._ .- ~, ' MAP Et ~, BOOK 189 PAGE 254 i c (AREA 2.00 ~±AC1 e ss••avc ~~ / ni:. ~~ ~vwa VALERO PARCEL e,::-~+ 0 3e S'A 9i0 p'•• J ~ do4 ~• wa~.o \ ~~. 1 \1 v .ron.e~> • w.ar ' T iQ ~....r..oe .•. .... o • ~~ HIGHLAND INVESTMENTS ; s""°" •~ f ?" PARCEL ~ ~ ~ ' / +~ _71. ~; :.: ya BOOK 6 PA iE, 54,7_.,,. ~. (4REA• 3.I ~. b AO} 1 ro J r' lp /y '.m ~'~ F a w~~ ~~ c~< I\ (Gv~~e ~.. ego ea «~ >, ~g o_° O ,: } sra nz r~ ° I a o n `ze ti. •~:.. ''~' ' T 1~IEiKCSRlfiIDDM. To: Glenn Horn, Franeis.Rrizmanich, ,,, Planning Office ~` From: Bob Nelson ~\j Environmental Health Depa'rtinent Date: February 22,,..198.8>.~ ~-,~.a ... ..:... ....e, ~, >r.,...r.n ~,~,~. -,. _ ...., Re: Valerio/Highlands "IrivYestine'n`£ 1041""Hazard Review ~ ,, :, While this review is primArily to determsne':the impact of a change in the access road, 'The""~s~i~rs'/Pifkin EnvYronmerital Heal"th . ......... rv µ... . Department has `reviewed the above=mentioned Hand°use submittal under authority of the "P~,tkin County Code, Title II, `and has the following' comments. SEWAGE"~TRNATMENT AND COLLECTION Sections 2-7 and" 5-200. ~° We have assumed that the wastewa'ter`from the 'two existing ~~ residential strixctYi`res is disposed. of by means of an individual" septic system - absorption field. in dur preliminary evaluation " ~ of the home sites, we have not found any County records which _-. _ _ indicate thew~ype or""~o~caton o the sep"`Eic systems In the absence'of other information, we have assumed that the wastewater is disposed of in'"aii acceptable"metho:3` arid"that current".C'y `the ~ systems "ar'e functioning satisfac£orily Dnr one regul'atoig concerri~ is that the frame structure septic 'syst`em' i`s located " and that it be determined°that~ the system meets the setback ~ retluirement f"ram the proposed ibad cn't ~""fn` or'~e'i` to `pi"even't ~ ` lateral seepage'of septic tank effluenf;~"~this setback requirement would four Mmes the height' of any cut bank which might result A.. ~_~w ........ ... .. _ ..."~_ " from building the new access. ry, Other regulations: ', Title X;"Pitkin. Coarity C"ode =Sewage H'egiilations" Chapter `2'5 Artic'~1C.R.S. 19'73 - Sewa'ge~~isposal ~ ~~~' ADEQUATE`PROVT`SION5"E'(5R'WP7'`ER`25EEDS: ..Sections 2-6 and 5=2050 ~! Water is assumed to be supplied from the' co~nb~}t"wre~lT s'l`iown on the '' map of ~ " ..,,..... .... .~ .,~,~..,~..~..~~.~~~~,..~.~.~.,~,.~. the property. .,... ,.,.a, This well is probably a satisfactory d"rin~C'ing water source for the existing houses. TT~e're is some Vs"1`ig"Tif`""pot"e"h°~ia"~""of "uri=` acceptable groundwater contamanat~;on ei` this well due' to the new construction, but our' preliminary opinion 't"hat"` it z ,, far enough _..__~_ away~-to„be,unaffected..:_ ~~""' 130 South Galeha`Stree"£"~~"` '"~~"tg s :~ n. xTwh.~> .. 'ymw^~^>«+"..r~*~a*,~ ~rw. wt+'^~.mr.=n,a~ti '.ma ~nrcES .._ ..:..- ..,.'.L. .„ ,.,.r M.l.. .~ .... .3...~b"'1m, o°'.. >.:. ,...rv J'.'1"i, 'Y+. .." `. ~ ,:n ..:...vx MSATORANDdM To: Glenn Horn, Francis Krizmanch Planning '`Office. ~\\V~{ From: Bob Nelson Environmrental,~e~, `~i~`nt Date: February 22, 188; Re Valerio/Highlands Investment 1041 Hazard'°Review While this rev, .,a,, change in the Department has,„, under authority We hav resider septic i of 'CO'LLECTIONe Sections 2 7 and 5,-200 nrv*uwkvwJr..w.Y.aw~^xv.wa.,. k"w+nab. .h.rv.. r. zat ,~~b-e wa.st2water"„Hfiom the two ex3st~ ~~. ~~' is~ispose o y means o , an, in ivi ~+ rip ion Field. In our"p'relminary eva7.uats! ~e have~,not ~found~ any County records whi„~ >'"r location o e' sep'"tic systems "' `Tn t' rmation, we have as~lTd that the wastewat~ ins a~,icep~a Vie' method; and , t~ia't cur"re``"~`L- y .... ~, w~...,..~_._ fining satisfacto,riYy. Oar one regulator effluent t ".~.~ r_„r,, „his setback requirement ro yn~. :f any~cut bank whic~i might result atons Disposal .~ Water is , assumed to be supplied from the„ common well shown~,on thr„~,e ,„~,,~,~~ f.~~ ~ .~ map 'of the lir`ope ray. ~`~ _ .v. ~,~, . - ,. This weTa is probably a satisfactory drinking water source for the existing Houses:` There is~~'some s~.xght'""potential of uri= acceptable groundwaEer aoiitaminaton of ,this well due tc~ the new ,., awayttocbeouna£fected, preliminary opinion that it is' far }eno, gh'~" '" ..~" 930 South'Galeiia: Street "" ' ~' """ I~sj~e"4%"Colorado 61691 " ~" 3C~3/925=2020 "- _ Valerio;_Drivew~,~av 10,41""Review February '~2~;,~1588" page 2.. Further, we. note„ t_hat:,;,immed~4iat„ely of'f`:':the~_,2as~eilp property line -and downgradient of `the_ „rdad cut` is 'a water tank, flume, and spring shown on the p~'at. " e .„o ,no 'now if" t~is is ~ drinking -water "sogr~e Ent for parposes' of"~this _ review we ave e`d K,,,~,„.,, that it :_is THe proposed new access 'road arid` resultg~ng "'~"rainage ~ controls -'are mush„inor'e likely to pro- uce som y"''a ~ es in this,_,_, , spring sonrce.._rv Potential effMec~s c~`~ld be noxt~oed on ,either the '~ ~++rr: WWW Nar 4 ~ nn:,. .... quantity or quality of""'~"iis spring""'~""~T~iere~`ore;`" 60~'~ o - t ese- .. should be. periodically cTi'ec,ked_.,before_ and afterc`ompletiori of _the_µ., __,_ ._ . road cdristruction project. Depending upon foie uses,of,this water, ~^~u*~wmrem ^^.: ...4ra~ source, the applicant ~aY -wish ";t o. iploy the services „of a, qualified gronndwate,r geologs.st in order: to_ anticipate if'~theie , are any potential effects on` adjacent`water, supplies: Other regulations;..._._._..._,.._.._.___._._...__„_,...__.~.___.___,.._._...,_..__,._._. ., ...._.__ _. . ,,... _. -.,__.. e Colorado„Primary "Drinking Water Regulations _. MEMORANDUM ~'Yf"c~r~ltirn-~YST~ T0: Glenn Horn, Planning Office FROM: Tom Newland, Land Use Engineer RE: Valerio/Highlands Investment 1041 Hazard Review DATE: February 22, 1988 After reviewing the application submitted, I would like to address the following concernsr Road System Design: The proposed access climbs a short, steep, wooded hillside of at least 60% 'slope. The total vertical height of the bluff is about 45 `feet 'arid the length of the driveway is close to 350', making the average slope of the road at ap- proximately 12.8%. Pitkin County driveway standards recommend a maximum 12% grade. Sub-section 5-401.2(h)(1) of the land use code does not allow for roads across slopes greater than 30%', but sub-section 5-401.2{h){2) requires engineered retainiri'g structures placed when slopes are steeper than 30% to maintain the integrity of the cuts and fills. Driveways to other properties on the bench, the ,.... , most recent immediately to the north of the ~Iighlands Tnbestmen't`' parcel, have been constructed in the past. If approved, the driveway proposal must also apply for a Pitkin County Encroachment permit through this office. At that time, the applicant can submit detailed drawings developed and cer- tified by a registered engineer depicting the proposed improve- ments. A revegetation plan should also be submitted and re- vegetation. should be guaranteed b",y the"applicant. g Y shouldrbenthetapplicantWStresponsblityotoslown on the plat. It Cate these lines,_or pipes, if any, and accommodate for them within the plans. Scenic Impacts: The properties s'it within an already established residential area. Although the proposed driveway would be visible from Castle Creek Road, the hillside's distance, eleva- tion and ground cover tend to diminish the impact, t~0 GOVERNOR COLORADO GEOLOGICAL SURVEY DEPARTMENT OFNAtURALRESOUROES ?15 STATE CENTENNIAL BUILDING - 7373 SHERMliN STREET DENVER, COLORADO 80203 PHONE (303) 866-26T1`' February 23, 1988 Mr. Glenn Horn Aspen/Pitk in Planning Office 130 South Galena Street Aspen, CO 81617 Dear Mr. Horn: RE: VALERO/HIGHLANDS INVESTMENT 1041 REVIEW /~ TYuc'~n'+ew~/-~ PI-88-0007 JOHN W.ROLD DIRECTOR " i. ,~ .., '> I . ~~y ~9..C1 2 ~ ~:7~JC:3' ~. r.; Lu We have reviewed the materials submitted on this proposed driveway alignment. We concur with the opinions expressed by Dr. Lampiris and Mssrs. Thompson and Gordon regarding the suitability of the slope for an engineered cut/fill section in which to build the drive. Nick Lampiris' comment regarding drainage should be taken very seriously and care should be exercised in dealing with both surface water and any springs or seeps encountered during the excavation of the bench. Yours truly ~ ~~~ ~~^ Jeffrey L. Hynes Senior Engineering Geologist bcr:JLH-88-045 3722/10 G E O L O G Y STORY OFTHE PAST ... KEYtO THEFUTURE fir:" i1:2 e. ,... nxk~?"inSaFpM,S(~y~4~'4;;,,,;,. Nicholas Lampiris, Ph.D. CONSULTING OEOLOOIST PO BOX 10935 ASPEN, OOLORADO 81811 -. rr. ~..,.., .., s' ..,. (303) 925-8020 June ', IPf37 Greg N:ane Ute City Realty Galena street Aspen, CC1. 81611 FiC_: Conundr-;-tm Property Access Road Dear Greg: I have r_omp].eted my geologir_ evall_ratign of the proposed alternate ;access tp 'two e;: i.=sting ri=silences On twa separat~ra lots in the Conundrl.zm Creek: area. The purpose of this repcir-t is to sai:i sly the require?men'ts of H~;.;se E+il l 1Ci41. The property' is loc<-~ted oh the west side •of C;onundrum Cr~r:14. oh a bc~nch appro;;imai:~=].y 4~i to 5Ci lest above cr•eeF: level where there are already two eisting homes and perhaps several outbuildings. There is,ah e;;isting 'temporary easement as shown on the accompanyir7g maps. The bench is rather open but inter^.>persed with aspen trees, To the rear of the presp'erty i.s a steep hillside capped by the Maroon Formatioh. This hillside, even tnougn it may be pi^one' to snow sl iding and rack`.fall, sRpuld have nr ei:fecf on tCie new .proposed alignment of the access r,dad which is far enoudh east to be aaaay from any adverse influence. Tfie hillside which will b~ traversed is aspen-covered and gt.rite steep, approaching 6~.'~ or more. At the base of the hillside to the main access road is hummocky terrain, with ahcient r_hanheli.hg, probably of an old Conundrum Cree4 watercatcrse. This area may contain soft or wet areas, <irrd will cert<-tihly nec~d'at ].east one culvert <and proper ccsmpaci:ion to insure a usc~able road. 1'he suer-..p hills:d~ is largely glacial moraines materi.<-~1' of ftuaternary age. 'fhe silts, sands, cgbble=, and bo;ilcir7rs comprising glacial depo_;:its a.^E~ tyi:~ically goc:d m<zt~~ria].s to ba<sp ,~ d~~-vcivay on, wen thoucal'i they can be unst~ible i f they ber_pmc~ und~ily` west. Cer-taih].yY this road will have to be we]]. eriyineered becau3e of 'the steepness of the h:i.ll=.,idfs• <ancti the i^elal=Yvely High ramount of relief th bc: cdvL=red in a .short distahcr_+. A civil engineer sho~.;].d be con..>ulter7 for his snecifi.c .-' reeemmendatzohs, bu't I fe=~=1 t~;.~t rei:aina.r,g tr-i.;ctiar-rs wzll probably be needed both abovEi and b~~1ow the.rnad, or- iri cf.tier _, wards, for the ct,tt and the fill s].c~pe tht will- re=.,L;].t. __ . ~ ~ x ~-.onundr;_:rn r`'roG'_~r't'J ;~~r'oc;c-rt`;,' r'dr_r_ras F±nsid ^urzji.rr<':agr.= ..=,hould b:~ ~3 ma',orr..o.~,~id.~ratic;r7. T.n c'or.:-1:_~~=si.on, I fetal that <zr, ar.~:.~s:~ r-rrt~d r_~n h~ L~ii.1t„ it ~,. t~~e F:~r~;~t-exci:i.r.t7 r~~+-ornr^.c=n~;riticn:> elr;-~ inllnw~~ci, h;-tt i. t. wi1:l: laa 'F ?,11"1`f' ln'd ~'i 'vii. 4?';ta +. rtie.~ri ni"~ ~7f ©76?r[.F i~ lnt-A'N-'a iLi 7:i C? f.a^f;t :'?p. :a:~.:,:<,rr.•:., r.,..~ ~-~;- do not hr' i.~~Ct tc c.-unr_,ca. mn, ~i ;. n ~:. ?Y' 62'. v . C:vnstiltinc f.,~o1;.trisfi iV i_/r_l :i -~scHMUesMerep rNC 1!"'"°',Grand Avenue, Suite 212 _ Gi~,wood Springs, Colorado 81601 November 23, 1987 (303) 945-1004 i....,,:.r~...~-~ .. oga.is3... f w ~ Jon Seigle, Esquire ~~ 1 ~ ~~?!~~ x ,', Attorney at L,aw , r. P.O. f3ox 2036 ~' _,.__.~_ <,~~ g, Aspen, CO $1612 .. _ RE: Highlands Investments and Valerio Parcels 1041 Review Plat Dear Jon: Per your request, we have investigated 1047 issues applicable to the driveway proposed for these parcels. We investigated the slope geolog- ic hazard, floodplain and avalanche kiazards as they may affect the location. Slope. The twelve percent driveway is designed to climb 60~ slope. Because the slope is steeper then 30~, the County may require that mechanical support be provided. Consideration may be given to a dry boulder wall on the cut slope. 7h is approach has been used successful- ly elsewhere. The approach area below the steep slope is less than six percent. Once the drive has climbed the steep slope, it is again on a slope of less than six percent. Geologic Hazard and Floodplain. The Colorado State University maps indicate e parcel is alluvial fan. Field investigation shows this is a very old alluvial fan and that it is well above the current flood- plain of Conundrum Creek. Avalanche. Per the Colorado State University resource maps, the area of_ the driveway lies just outside any potential avalanche area. Field investigation verifies this finding as the area is covered with aspen of ten inches and greater, indicating an age of thirty to forty years old. We hope this addresses the necessary 1041 issues. If there are any additional croncerns, please do not hesitate to call. Sincerely, SCHMUESER GORDCN MEYER, INC. Aspen/Pi 130 aspe February 24, 1988 Radcliffe and Sue Spivey Killam P.0. Box 499 Laredo, Texas 78040 Dear Mr. and Ms. Killamc ing Office treat 81611 I am writing to you regarding James Valerio's 1041 environmental hazard review applicaton_,which I am reviewing for the Aspen/Pit- kin. County Planning Office. By this date, you should have received a public notice, from our office informing you. of the March 8, public hearing of the Pitkn County Planning and 'Zoning Commission at which time the Valerio application will be reviewed`. Yesterday, Z visited the site to begin my review of the applica- tion,: I have enclosed for your consideration a copjr of the plat whicF has, bl'eetY` sulimitted' to our office b'`y`~'~ame~''CY~alerio- The p°tat a p 9 ,q to construct a driveway which is shows that"Valerio is ro osiriross a hillside with a 60 per cent pproximately 350 feet lon ac P ..- , visiting tfieesite o iteds4myfo~t above the Conundrum Road. After pinion that the proposed driveway will require the destruction of numerous trees and will result in a significant scar on the land. Based upon the rules and regulations in the Pitkin County Land Use Code, it is likely Valerio's application will be approved. I urge you to consider selling Valerio an access easement on your driveway in order to avoid the need for your neighbor to scar the land forever with an large road cut. I feel that the road cut should be an absolute. last resort to provide access to Valerio's property. Radcliffe and Sue Spivey Killam February 24, 1988 Page 2 It is not my intention to offend you in any way and I understand your private property rights. I have no vested interest in any decision which you make regarding your property. However, T want to be sure that ou understand the severit of the road cu 0 Valeriowsllande required to provide an alternate access t I would be happy to discuss this matter with you. Please feel free to call me at 303-925-2020 ext. 298. Sincerely, Glenn Horn AICP Assistant Planning Director Killam/gh ~.. JON DAVID SEIGLE ATTORNEY AT LAW Box 2036 ASPEN, COLORA60 81612 February 12, 1988 Francis Krizmanich 130 South Galena Street Aspen, CO 81611 Re: 1041 Hazard Review/Fighland Investments Dear Francis• 303-925-6938 This letter will confirm that the above-referenced matter has been scheduled for hearing before the Planning Commission on March 8, 1988. I appreciate your getting this matter before the commission as we would like to undertake ,_ the construction of the road as soon as the weather permits in the spring. You indicated to me that you desired further information regarding ownership of the parcels that are the subject matter of this application to determine if there may be a merger because the parcels are of non-conforming size. James Valerio and Harry McNamara purchased what is designated as the Valerio parcel in 1968. Each person has a 50% interest as a tenant in common in the property. Highland Investments purchased the adjoining piece of property subsequent to 1972. At the time of the acquisition, James Valerio owned a one-third interest., David Scully owned a one-third interest, and David Livingston owned a one-third interest. Approximately two years ago, James Valerio transferred his one-third interest to his wife Lynette Valerio. Shortly thereafter, David Livingston and Lynette Valerio purchased David Scully's one-third interest in Highland Investments so that the present partners of Highland Investments are Lynette Valerio and David Livingston. As you can see, the two parcels were purchased at different times by different entities and at no time did James Valerio ever have a controlling interest in both of the parcels. Mr. Francis Krizmanich February 12, 1988 Page 2 ~. , If you need further evidence of these facts, please contact me and I will provide you with copies of the deeds by which James Valerio, Mr. McNamara, and Highland Investments took title to the properties that are the ,subject of this application. The change in partnership interests is, of course, not a matter that is recorded in the public records and if you need further. evidence of my representations, I will have my clients provide the same. Again, thank you for your assistance in this matter. Sincerely yours, Jon Davi le JDS/jeb JD54E/22 cc: James Valerio. r'ITKTN COUNTY TITHE, Inc. { Title Insurance Company 601 E. Hopkins Aspen, Colorado 816t t (303)925-1766 GREG KANE/PITKIN COUNTY SEPTEMBER 14, 1987 GREG, Pursuant to your request Pitkin County Tit 1e, Inc., has examined the '., title to that certain tract of land currently vested in Harry McNamara and ~ James Valerio situated in H.E.S No. 112 in Section 2, Township 11 South, Range 85 West of the 6th P.M., and find that Harry McNamara and James Valerio ', do not own any adjacent properties under the names of Harry McNamara and ~, James Valerio. This letter is furnished for informational purposes only and is not to be construed as an abstract or guaranty of title. PI IN COUNTY ITLE, INC. J hYY CIV UtA U " Project Number _ ~ ~ Section/Parcel ~~~ 4 ~, ,,; /~ Date Submitted ~ "`-~~-"-'" 11 _~'~~`~: I ~. p~tkin -county: LAND USE APPLICATION aspen, colorad4 81611 TO 3E COMPLETED BY THE APPLICANT: NAME James Valero and Hglands Investments ADDRESS 1100 Larkspur Landing, Suite 375, Larkspur, CA 94939 '.PHONE (414) 461-8800 Local_Contact: i Jon David Seigle (303) 9'25~i 6300 NAME OF PROJECT Highlands Investments and Valero Parcel _. , ~:.-° (PROJECT LOCATION'. (On attached sheet, Tocate on zonin'g'map, showing boundaries'',of any natural hazard and resource areas, any other special regulatory districts, Section 5, Land Use Code; and Tocate on appropriate CSU/ ERA Maps any areas not covered by the above.). ! TOTAL AREA 5.11 Acres EXISTING USE(S) Residential _ _ , ,.. , PROPOSED'USE(S) Same (approximate square footage for each) N/A PRESENT ZONING OF SITE AF-1 RIPTION OF LAND USE PROPOSAL to allow construction of access road as set forth v BE COMPLETED BY THE PLANNING OFFICE PE OF APPLICATION: REZONING P.U.D. SPECIAL REVIEW BUILDING PERMIT REVIEW VIEW PHASE: PRE-APPLICATION GENERAL SUBMISSION P.C. GROWTH MANAGEMENT SUBDIVISION EXEMPTION 35-acre + SUBDIV',ISION DATE COMPLIETED DETAILED SUBMISSION FINAL PLAT BOARD ACT ATE ATE ATE 61 ;, JON l7AVID SEIGLE A'RORNEY AT LAW Box 22536 ASPEN, COLORADO S161Z January 22, 1988 Francis Krizmanich Aspen/Pitkin Planning Office 130 South Galena Street Aspen, CO 81611 Re: Valerio/Highlands Investment 1041 Hazard Review Dear Francis: 22~aR F .., °303 92 Pursuant to the request of your office, this letter shall serve as a disclosure of ownership. Please be advised that Highlands Investment is a general partnership in which David Livingston owns 50% and Lanette Valerio owns 50%. Jim Valerio, at one time, was a partner in Highlands Investment, but at no time did his ownership interest exceed 33 1/3%. If you need any additional information regarding this matter, please do not hesitate to contact me. Please let me know when this matter has been definitive- ly scheduled for hearing before the. Planning Commission. Sincerely yours, Jon~ISav' d Seigle JDS/jeb JDS4D/S8 firy C '~f =,.:. ~ ~4 :s, KRABACHER, SCHIFFER, HILL 8c EDWARDS P.C. ~ (y; ATTORNEYS AT LAW ~._. '~~ ~`"~~ 201 NORTH MILL STREET ASPEN,COLORAD061611 (- TELEPHONE ~..n.e.. (303) 9256300 ' ' ~ ~- TELECOPIER ', (303) 925-1181 B.JOSEPH KRABACHER OF COUNSEL I' SPENCER F. SCHIFFER JON DAVID SEICpLE THOMAS C. HILL December 2 , 1987 BARRY D. EDWARDS Pitkin County Planning Office 130 So. Galena Street Aspen, CO 81611 Re: Land Use Application/James Valerio and Highlands Investment Gentlemen: Please find enclosed an application for a 1041 review of certain parcels of property owned by James Valerio and Highlands Investment. I am enclosing the following items with the application: i. Six plats entitled 1041 Review Plat with original mylar; 2. Six copies of the report of consulting geologists; 3. Six copies of the report of consulting engineers; 4. Check in the amount of $825 to Pitkin County for application fee; 5. Check in the amount of $190 to Colorado Geological Survey; 6. Letter from Pitkin County Title regarding ownership of adjoining parcels; 7. Mailing addresses of adjoining property owners; The purpose of this application is to allow construction of an access road to the subject properties. Presently, access is over a gravel road as depicted in the plans. However, applicants only have a license to use this access road over that portion of the road that crosses the Killam property. The Killams refuse to grant an easement to the II Piticin County Planning Office ~ December 2, 1987 Page 2 applicants and accordingly, to assure access to the County Road, the applicants must build a new access road. Both properties presently have single family residences constructed. A common well serves both residences for domestic and irrigation water. Sewers. for the two 'residences ~_ are handled by a sanitary sewer system. ~ I Please inform me of the schedule of the meetings. Sincerely yours, JDS/jeb JDS4D/46 Enclosures cc: James valerio KRABACHER, SCHIFFER, HILL & EDWARDS, P.C. ~~ '~~,.. By Jon,.H'avid~ Seigle ,~ .. ,.~-_ 7i_ .: .,. MAiLNG AGGRESSES OF ADJOINING FROFERTM 0`rfNER Theodora t. 6ouduis P.O. Box 3646 Aspen, CO 61612 +r/alter H. and Rosemarie D. Birk ?.0. Box 3421 Aspen, CO 616 t 2 Harmel C. ilamand 6 t 6 East Human Suite 2fl t Aspen, CO 6 t 611 Radclitte and Sue Spivey Killam r.0. Box 499 Laredo, TX 76040 Jerome Linet t 699 Plortheast 164th Street North Miami Beach, FL 33 S 62 United States Forest Service 806 West Hallam Aspen, CO 81611 PITKIN COUNTY TITLE, Ine. Title Insurance Company 601 E. Hopkins Aspen, Colorado 8161 t (303)925-1766 GREG KANE/PITKIN COUNTY SEPTEMBER 14, 1987 GREG, Pursuant to your request Pitkin County Tit Le, Inc., has examined the title to that certain tract of land currenely vested in Harry McNamara and James Valerio situated in H.E.$ No. 112 in Section 2, Township Il South, Range 85 West of the 6th P.M., and find that Harry McNamara and James Valerio) do not own any adjacent properties under the names of Harry McNamara and James Valerio. This letter is furnished for informational purposes only and ', is not to be construed as an abstract or guaranty of title. PI KIN COUNTY 'gITLE, INC. ,, ., , .. LAND USE APPLICATION FEES -- M,._; ., ,~ . .._...,.....,> - .. ...,.. ... t~~ ,-.. ~..,. .. City , 00113 -63721 -47331 GMP/CONCEPTUAL _ ,,,,~.~,N~„-~,, ,,,,„<~,., ~~q,~, y. ~,,,, # -a .. -83722 -47332 GMP/PRELIMINARY , ,~u.+:wa:wv-ur~W?a2ww:rxm=~.;a.~.4e~ _. - 83723 - 47333 GMP/FIN'AL -.. ~.. r .- k, »~..,s , m ,4.a... - 63726 - 47341 SUB/CONCEPTUAL , . _ _r<, -63725 -x7342 SUB/PRELIMINAFIV -63726 -47343 SUB/FINAL " - 63727 - 47350 ALL 2-STEP APPLICATIONS . ~- , -~~; -63728 -47380 ALL1 STEP APPLICATIONS/ . : CdNS'E"N7AGENDX"1YEh71.Su. . ., _.,, - ..._~-w.. ..,.. .. .:~. ... .., ,a, .. .::, .:: REFERRAL FEES: .00125 -63730' - 47380 00123 - 63730 -47380. 00115 -63730 - 47380 COUOty 00113 - 63711 - 47431 -63712 47432 -63713 47433 - 63714 - 47441 - 63715 - 47442 - 63716 - 47443 - 63717 - 47450 -63718 47460 REFERRAL FEES 00125 - 63730 - 47480. 00123 - 63730 - 47480 00113 -63731 - 47480 00113 -63732 - 47480 .... :nd ~..:. ., a... Y s f ~~ ENVIRONMENTAL FiEAIYH--" '" _. t.,:.. HOUSING ., .... i ..~ ~ ~'S.e. .mm - .. _~ ~.ya. .n :IE. {l .., u. : w+w.Yc{.Y v r •.~*' 4 n ... a-.:. K- n ~ ... ~ ~.'~.h... . .~Se. :t[. ENGINEERING _. _. SUB-TOTAL GMP/GENERAL " w,: a .;^„, . -.,Nit-, ., , -,n ,, :~ GMP/DETAILED ~ ~~~ .«,... , , -. ,. _. ,~ ", GMP/FINAL ,., ,.. f1.. - ,~~. <.... .. ;..;a .: - SUB/GENERAL SUB/DETAILED ~ U-.....,.. ,,.. ...._. ..., ., ..«. ..,. ,,.;.Mr.. _,. ...> ..., „. - ..... .... .:.,_:r ... .. ....... ...<,, SUB/FINAL .. :... ..., -- r„_, ;1: s ALL 2 STEP APPLICATIONS ALL 1-STEP APPLICATIONS/ "' ~~ ~ ~~ cdr3s~~Tt~~~ts0a'S~~,4s' ... -._.~. . ~ ~- ,.x ,~~: .. .F _.., _ - _; .. ~ _..., ..„.. ~.:_.. ,.-.._„ Sir: rT n ENVIRONMENTAL COORD," , . ENGINEERING ._ SUB-YOTAL PLANNING OFFICE~SALES 00113 - 63061 - 09000 COUNTY CODE .y, ...... ,-... - . .,. ,.. - 63062 - 09000 COMP PLAN - 63066 -09000 _. COPY FEES _.._ - 63069 - 09000 OTHER SUB-TOTAL TOTAL Name: Check q ~- //_.~ ~ _ ,. DaU Adtlitional Billing: _ - # of