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HomeMy WebLinkAboutpitkin.planning.273503300024 (2009)~®~ITIVI~I~'I' ~~~€3iJ'I' `FxIS t! ILA MAY o&Z MAY NGTi CoNTAEN AL), C}F T~iE YNIi oRMA'TION LIS'1'~t) BLLO~3' IN T~~ P'OLLO~TvING G1LF3LR Sr~~cnary Street Resat~taon fsrr the ~QCC an€t/QC P&Z ®relananee fer ttee BO~CC ancd/or P&Z IAeternainata~rn f®r ttse Pdearing ®ffaeer Aelaatauaastratave LDeterac~anataan Staff Meaeao Applicati®m Pa~btac N®tsce, Acceptance Letter, 4teferrat(s) Letter Sate Plae~ Miscellaneous Plat(s) ,_, Parcel ID: 2735-03-3-00-024 Application Date: 5/20/09 Case No: P049-09 Description: Planner: Mike Kraemer # Copies: 1 Allocated Hours: 3 Project Address: 178 ASPEN OAK DR, ASPEN, CO 81611 % Over Hours: 3.2 Property Owner: TERRAL INVESTMENTS LTD, LLC Owner's REP: GRAEME MEANS REP's Email: graeme@sopris.net Referrals: Comments Due Date: Address: PO BOX 3595 ASPEN, CO 81612 Address: 210 S GALENA ST ASPEN, CO 81611 Other Referrals: Owner Phone: REP's Phone: (970) 925-9150 Meetings: 1st Meeting: 2nd Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 039-2009 #559771 3rd Meeting: Otherlnformation: VR Approval Date: Plat Recorded Date: 06/09/2009 VR Expires Date: Plat (Bk, PG): 691 P25 #559775 Remarks: no vesting Application Type: Minor Amendment to a Development Permit ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIItECTOR OF PITHIN COUNTY, COLORADO, APPROVING THE TERRAL MINOR AMENDMENT TO A DEVELOPMENT PERMIT Administrative Decision No~-2009 RECITALS Tim Terra! ("Applicant"), has applied to the Community Development Director of Pitkin County, ("Director"), pursuant to Section Z-20-150(b) of the 2006 Pitkin County Land Use Code ("Code"), to amend a previously approved activity envelope for construction of a gas pipeline. 1. The Lot is located at 178 Aspen Oak Drive and is within the Aspen Urban Growth Boundary (UGB). PID#: 2735-033-00-024 (Legal Description, Attachment A). 2. The Lot is approximately 5 acres, is in the AR-10 zone district, and is non-conforming in size. 3. The parcel is currently developed with a legal single family residence that received a Certificate of Occupancy in 1978. The parcel most recently received Activity Envelope and Site Plan approval pursuant to Administrative Decision No. 54-2008 (Reception No. 550221) for a substantial addition to the residence that utilized TDR's. Construction is currently occurring to the residence. 4. The Applicant has requested a 30' wide, 155' long activity envelope for the pipeline but has indicated that only 10' is needed for construction. The intent of the 30' envelope is so the pipeline can route through significant vegetation. The Applicant flagged the general route of the pipeline and Staff finds the route has been aligned in the best possible way to avoid significant vegetation removal. Certain conditions will be imposed to best mitigate visual and physical impact of the disturbance to the hillside. 5. The amendment to the envelope is mostly on slopes less than 30% however a small portion of slopes exceeds 45% leading up to West Buttermilk Road. During the site visit it was apparent that the slope is artificially this steep due to materials from construction of the Road being pushed down the hillside. Pursuant to section 7-20-20(c)(3), these slopes can be considered anomalies and acceptable for development. 6. The Director finds that the above mentioned requests to amend the previously approved building envelopes comply with the standards of section 2-20-] 50(b) and are subject to the conditions outlined below. APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere to all material representations made during the application process. 2. All conditions of Administrative Decision 54-2008 shall apply unless otherwise amended by this approval 3. To the greatest extent possible, the Applicant shall avoid significant gamble oak and other vegetation removal as a result of gas pipeline construction. The Applicant shall document all trees 6"d.b.h or greater that are removed and submit, for a review and approval, a mitigation plan that shall be implemented prior to certificate of occupancy. 4. Prior to issuance of any future permits, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an amended Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. RECEPTION#: 559771, 06109!2009 at 01:41:37 PM, i OF 3, R $0.00 Doc Code ADMIN DECfSION Janice K. Vos Caudill, Pitkin County, CO 5. The site plan shall show the amended envelope as presented on the draft plan. 7'he amended activity envelope shall be 30' wide but the route for the gas pipeline shall be no wider that 10'. A note shall be placed on the amended site plan acknowledging the disturbance area can be no wider than 10'. 6. The Applicant shall use tiebacks along the gas pipeline route to move vegetation that hangs over in the construction area. This shall be done to ensure limited removal and pruning of vegetation. The Applicant is authorized to use amini-backhoe with the smallest bucket practical for digging the route for the gas pipeline. The Applicant shall submit a revegetation plan for review and approval that illustrates planting and revegetation of the disturbed area. The revegetation plan shall be submitted at the time of the submittal of the mylar copy of the site plan. 7. 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. APPROVED by the Director, this ~~ day of ~U,,, P ~ ?009. Cind^~uben, Community Development Director PID# 2735-032-00-024/P049-09 Page 2 oj1 Attachment A Legal Description Subdivision: WEST BUTTERMILK Lot: 4A PARCEL IlV N2SW4 SEC 3-10-85 DESC BY M/B BK 314 PG 126 PTTIffiV COUNTY PRE-APPLICATION CONFERENCE SUMMARY i.v~.nuviv: r to .vspen vale llnve (UCiti) _ 1- PID# 2735-033-00-024 °~~' ~~~ lerrul 1'.we~me,~ds C!d l!C ZONE: AR-10 REPRESENTATIVE: Graeme Means EMAIL and PHONE: Graeme~ sopris.neC 925-9150 DATE: May 15, 2004 PLANNER: Mike Kraemer, 920.5482 Type of Application: Minor Amendment to a Development Pemut Description of ProjecdDevelopment: The Applicant is requesting approval to amend a previously approved Activity Envelope to run a gas line to a residence currently under construction. Land Use Code Sections to be addressed in letter of request (auolicationl• Sec. 2-20-150: iviiuor Amendments iv a Deveioprgent Permit Sec. 7-20-20(C): Steep and Potentially Unstable Slopes; Staff will refer the application ro the following agm©es: None. Review by: Community Development Director Public Hearing: No. FEES: $773 (make check payable to "Pitkin County Treasurer") Planning OlEce flat fee: $748 (non-refundable; based on 3 hours of staff time for review); if staff review time exceeds 3.2 hours, the ApFlicant will be charged for additions! time above 3 hears ar a rate of g249/hour) o Web Tech Fee: $25 To apply, submit 1 cODies of the foIlowing information, unless noted otherwise: 0 1. Suurmary 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" by i 7" of an amended site plan and activity envelope as designated in Section 2. i. i and 2.1. i2 of the Pitkin County Land Use Application Manual; { 3. Previous Land Use Approvals (if applicable); • 4. Proof of ownership of subject property; w 5. Parcel description, including legal description and vicinity map; ti 6. Total fee for review of the application; ~ 7. Signed fee agreement (1 copy); ~8. Consent from owner(s) to process application and authorizing the representative (I copy) • 9. Copies of this pre-app form NOTES: - PI,F~ISESUBMI7'ONEUNBOUNDANDONE-SIDEDCOPYOFYOURC(aNPLE7EAppLICAT[ONPI.Fi1.SESUBMI7'TWO-SIDEDCOPIESOF ALLRFrLfABVINGCOPlESOFYOURAPPLICA770N(IFPOSSIBLEJ. THEPARCELIDsSKOULDBEINCLUDEDONALLDOCUtYfFN1S' I NC L UD E D I N YO UR A P PL l C A TT O N - ALLMAPSSHALLBEFI~LDED. - This pre-application conference summary is advisory in nature and not binding on the County. The infarmadon provided in this summary is based on current zoning standards and staff's interpretations based upon representafians of the applicant Additional infarmadon may he required upon a complete review of the appZicatian. - The Pitkin County Land Use Code and Application Manual is available on-line at ham:. na~a~u~.aspenpitlrin.com'deats `7 planning c rr 000001 0-.~ 1 Zp .~ To: Mike Kraemer Pitkin County Community Development Departrnent Aspen, Colorado From: Graeme Means Architecture 210 South Galena Street Aspen, Colorado (970) 925 9150 Date: 20 May, 2009 Subject Property: 178 Aspen Oak Drive Aspen, Colorado Parcel ID X27;5-033-00-024 Deaz Mike, This letter is a requesrt for a Minor Amendmem to Administrative Decision No.54-2008 which is a 1041 approval for residential construction on the above mentioned lot owned by Terral Investments. We would like to make a modification to the Activity Envelope in order to imtall a nairual gas line to the approved single family residence. The location of the proposed gas line and modified envelope are shown on the attached Activity Envelope Plat Propane was originally thought to be the only option for gas supply to the lot, but a natural gas line is now available in West Buttermilk Road which borders the uphill property lirre of the subject lot. Installation ofthis line will result in a more environmentally sound source of fuel, will eliminate an underground propane tank, will reduce L-e~.k * ~{,~.c rre~essary to supply the groyne and v Il result ir. cast savings tc the owners. The gas line itself would be buried two feet deep and the trench would be dug 2.5 feet deep at maximum in order to bed the line in sand. We are requesting a thirty fi~ot wide easemeot_ We feel that this width will allow us to have some flexibility to avoid vegetation both with the gas line itself and the required equipment. We have carefully studied our route options and have identified an obvious choice which is the shortest route, utilizes the least steep portions of the lot, and will impact the least amount of e~sting vegetation. Attached to this application is a Slope Analysis Map to help you evaluate this proposal. The proposed route is identified on the Map. The slopes encountered along the gas line are primarily in the 30 to 45 degree range and the 15 to 30 degree range. The two small areas showing slopes greater than 45 degrees are considered anomalies, one for the road and one for the house. OOU002 The proposed mute is vegetated primarily with serviceberry and brush oak. P11 disturbed ground will be revegetated with these natural plarrtings in compliance with the Conditions ofthis Approval. Having inspected and walked the proposed route, l can say that there are no signs of instability and there is no significant ground not covered in natural vegetation. There are no signs of significant surface drainage along the route. I see no evidence that a 2.5 foot deep excavation would cause any inshbility. Excavations elsewhere on the site demonstrate the ability of the surrounding soils to hold a steep bank without sloughing. 11 would be expected that a 2.5 foot deep trench would have the ability to hold near vertical walls. We feel confident that a site visit wilt confirm these expectations. In conclusion, we feel that this proposal is reasonable and necessary and complies with all requirevrents of Land Use Code Section 2-ee'3-1 S"v~o j for consideration as a i~iinor Amendment Please feel free to call if you have any questions. Sincerely, Gxaeme Means ADMIlVSTRATTirE DETERMINATION OF THE P1TI{IN COUNTY, COLORADO, COMMUI~7Ty DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE TERRAL ACTIVITY ENVELOPE AND SITE PLA1Y A_RTl? GMQS EI~NIP?'ION ItL~R'' /A TDR D,~~7,~R'..SITE Administrative Decision No, c5"~2008 RECITALS Tim Terra] (hereafter referred to as `"ApplicanY~ has applied to the Community Development Director of Pitkin County, Colorado ("Director") for Activity Envelope and Site Plan Review for an additian to an existing legal single family residence. The Applicant is requesting use of one TDR for the addition. I. The Applicant submitted an application after 3uly 6, 2006, therefore, the application is being considered pursuant to the 2006 Land Use Code, as amended. 2. The Lot is located of 178 Aspen Oak Drive a~ is within the Aspen Urban Grow[h Boundary (UGB). PID#: 2735-033-00-024 (Legal Description, Attachmerrt A). 3. The Lot is approximately 5 acres, is in the Alt 10 zone district, and is non-conforming in size. 4. The parcet is currently developed with a legal single family residence that received a Certificate of Occupancy in 1478. No other previous land use approvals apply. 5. The Applicant has indicated the intent to apply one TDR to this Lot for a maximum floor area of 8,250 square feel Pnrsvant to Section 6-30.50(bxl) the ApplipM is exempt from Special Review for a TDR because the Lot is located within the Aspen UGB. 6. The lot is visble from Ow] CY+eek Road. Staff has conducted a site visit and the proposed additions to the residence will not obstruct a ridgeline as viewed from this Road. The parcel is not mapped within any big game ranges. The Applicant has provided a wildfae report for the Lot which states it is enpmrbered by a high wildfire hazard. The Applicant has inchrdad sbpes > 45% to the south and west of the proposed additions and along the driveway within the proposed envelope. The Applicant has argued that these slopes can be considered anomalies pursuant to Section 7-20.20(cx3). During Staff's site visit it was determined that these slopes are anomalies as They were vacated from the cut for construction of the existing residence and dtuing driveway construction. However the area to the east of the residence contains slopes > 45% and is not alt anomaly. The Application was referred to the Aspen Fire Department, Buttermilk Metro District, Environmental Health and Natura] Resauroes (EHlNR), and the CDOW. Comments were received from all and ate outlined as conditions. 8. Public native was published in the paper on March 30, 2008. No comments were received within 30 days. 9. The Director finds that the Lot is located within constrained areas however the constraints can be mitigated. APPROVED by the Director, suhject to the following conditions: I . The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those represemations to be conditions of approval, unless amended by other conditions. r~r°ts RECEPTION#: 550221, 06/12/2008 at 02:04:34 PM, 1 OF 7. R x0.00 Doc Code ADMiN DECISION t} ~ J o rr Janice K. Vos Caudill, Pitkin Courtty, CO 2. No calculations For height, bulk, setback, size, floor area, or any other building and inning requirements have beets conducted- These requirements will be ooosidered at the time of building p~nir .eY _A.,,, c.,.,ao^s:es ----- represceted in the application might »ar be permitted under building and tuning regulations. 3. At the time of bur7ding permit submittal, the Applicant shall surrender the TDR's for additional floor area up to 8,..50 square feet from a base 5,750 square feet. 4- Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Commrmity Development a Site Plan with an Activity Envelope in accordance with Land Use Cade Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. The Site Plan shall - include the following changes: A. Draw the activity envelope to avoid areas of slopes > 45% east of residence; 5. No structural development, wilt the excepiion of fencing, in excess of 30" shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade- Any extema] developmem krcated within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. Approval of a landscape envelope within such setbacks does not assure approval of a variance- 6. The residertce shall utilize earth tone colors andnon-reflective roofing. 7. Prior to issuance of a building permit application, the Applicant shall: A. Complete a fireplace/woodstove registration form with the Community Development Department, ifnecessary. B- Obtain a stormwat~ permit from the State of Colorado if site disturbance exceeds one (1) acre. C. It necessary obtain a County accessldtivewayltumaround permit acceptable to the Aspen Fire Prgtectiort, District and County Engineer- D- Submit a drainage and erosion control plan For review and approval by the Planning Engineer. All slopes steeper than 2:1 shall utilize erosion control blankets. E. Submit a construction management plan for review and approval by the County Engincer showing the locations of staging, material storage and employee and construction traffic parking. F. Pay the app]icable road and employee housing impact fees- G. Obtain necessary permits from EH/NR for septic construction. If the existing system is proposed to be used, it must be evaluated by a Registered Professional Engineer (RPE) and a report of the evaluation submitted to EHMR for review. Or, if the existing system requires repair, or a new system is proposed, an OWTS Construction Permit issued by the Environmental Health & Natural Resowces Department is be required, and shall comply with the County's OWTS Regulation. H. The Applicant shall provide a copy of the well permit issued by the Colorado Division of Water Resources, the well driller's report, and a recent pumping report. Under current guidelines, the well must be capable of producing ] 00 gallons/person/day (assuming 2 persons per bedeoom in a dwelling). There shall be storage or yield capable of a 24-hr supply. If a well is not utilized. the Applicant shall show proof of inclusion lino the Buttermilk Metropolitan District. 8. If retaining walls are used they shall comply with the following standards: A. Ruining walls may be permitted to support steep slopes but should not exceed four (4) feet in height from the finished grade, except for {i) a structure's foundation wall, or (ii) as necessary to Prage ' of 6 JOUi.O~ 5~_ u~~ construct a driveway from the street to a garage or parking area, or (iii) as otherwise expressly allowed by the Land Use Code. B. A nziainieeg avail should not exceed seven (~) feat in height. Retaining walls greater than four (4) feet in height shall be supported by appropriate engineering and reviewed and approved by the Coumy Engineer. C. Terracing should be limited to two (2) tier. The width of the terrace between any two four (4) foot vertical retaining walls shall be at least three (3) feet. Retaining walls higher than four (4) feet should be separated fran any palter retaining wall by a minimum of five (5) horizontal feet Terraces created between retaining walls shall be permanently landscaped or revegetated with rrative vegetation. D. Retaining walls used W support existing road cuts may exceed (a), (b), and (c) of these guidelines. 9. Standards Applicable to All Wildfire Hazard Arens: Development is`allowed in wildfire hazard areas subject to conformance with the following development standard. A. Defensible Space: The area around aU buildingslstructures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensrble space considerations as follows (none: actual vegetation manipulation to meet these conditions may not be necessary where the nattual vegetation patterns have already fulfilled these conditions): A- Beyond the 15-foot area up to 65-feet down slope and 40-feet of the building cross slope and up slope maintain natural and/or irrigated grass at less than 6-inches and thin existing trees and brush into individual or clusters. Native brush should be thinned and clustered. Limbs within clusters of oak should be pruned to one half the height of the tree or 10-feet whichever is less. No brush or shrubs which when mature will be tall enough act as ladder fuel should be provided or maintained around the oak. B. Clusters of service berry, oak, bushes or shrubs should be separated from each other and from those beyond the 65 and 40-foot auras by a distance of 2 '!~ times the height of the mature vegetation. The diameter of a cluster should be limited to 2 % times the height of the mature vegetation. Plant material growing between trees and clusters of bushes or shrubs is grass maintained at 6-inches or less. C. Due to the steep slopes and dense vegetation along the driveway, Defensible space shall be improved in this area. D. All deadfall up to a one hundred (IQO) foot perimeter around the structure shall be removed. E. No flammable mulches shall be placed within two (2) feet of a residence. F. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Access A. Access roads and driveways shall be bur7t to County standards; however, these standards may be increased to mitigate wildfue hazards based on comments provided by the Colorado State Forest Service, the Sheriffs Department: local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. C. Water Supply for Fire Safety Page 3 of6 J~LOF; 5~= za>~' a} 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. Dgyalnpm~nt rj~pgrtmenr tad a.e local fire disviet. b) Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure though a fire department approved mechanism (such as a fire hydrant). The Applicant shall have 20,000 gallons of water storage. This nequiremert can be mitigate with proof of the nearest hydrant satisfactory to the Aspen Fire District. c) Ail new devebpment shall conform to the appropriate building Cod:e(s) with regard to sprinklering structures. D. Roofing Materials, Roofing Vents and Projections At and Below Roof Line. Construction, of roofs and projeciions at or below roof line in shall be constructed according w the foIIowing specifications: a) Roofs shall be constructed with a Class A roof assembly as defined in the 2003 International Building Code (B3C) Section 1505:2 Wood shake/shingle roof coverings are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted in wildfire areas unless they comply with the following: i. All roof coverings shalt be listed for installation as a part of the Class A roof assembly. ii. All roof coverings shall have a surface that shall facilitate the natural process of clearing the raef. iii. All roof designs shall facilitate the natural process of cleazing the roof of debris. Protrusions above the roof line, such as parapets, shalt be prohibited. iv. Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. v. All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. vi. Verrts shall be screened with corrosive resistant wire mesh, with mesh one-fourth- inch ('/. ") maximum. E. Building and Construction a) No paution of the building(s) or addition(s) shah be constructed with unenclosed projections such as decks. Eves shall be kept to a minimum on Ure down slope side and on the sides and should not have ventilation openings unless the design and configuration of the openings are specifically approved by Pitkin County. Projections may include, but are not limited to eaves; cornices; soffits; roofs over open decks, cantilevered floors; bay windows; decks or balconies. Projections may cause heat traps and should be protected as follows: b) Arty projection including guardrails shall be constructed with materials approved for one-hour fire- resistive wnstruction, any material underlain by 518" Type X gypboazd or approved equal or Type [V Heavy Timber materials per the currently adopted building code. Projections should have no inside angles of less than seventy-five (75) degrees. c) An alternative construction for projections will require the use of non-combustible building materials or materials with a flame spread rating of less bran twenty five {QS tested to ASTM E84) and listed for exterior use. d) Areas below projections shall be void of vegetation or other combustible materials. The areas below these projections shall be protected from accumulation of vegetative materials by placement of a vegetative barrier covered widr rocks or gravel or shall be concrete or stone. There shall be no storage of combustible materials under projections. The walls under projections shall be constructed of materials approved for one-hoar fire-resistive construction on the exterior side of the wall. Window openings in walls below projections shall be tempered glass. Doors shall be noncombustible or one and three-fourths inch (1 '/.") solid wood. Pagie I of6 JG~i~G7 6`~- ZDU~ F. Windows and Foundation a) Glazed apeninaoc„ c all b. rYV-v~.~r;dwi ~ ;xt Closing, solid, 6.iteTiOr n(Yri-iia111nri3ble S1tnliefS 07 Snell be tempered glass. b) Siding and exterior wall construction shall have a minimum of one-hour fire-resistive rating ground level to roof line, 5!8" gypboard underlying combustible materials or cement stucco with a minimum thickness of/s". c) Esrerior doors shall be noncombustible or one andthree-fourths inch (I '/<"') solid wood. If a ltazdscape patio and masonry wall has been designed as a buffer, exterior doors having tmnpered glass may be used if approved by the fire marshal. d} Foundations, skirting and crawl-space openings shall be fully enclosed and constructed with materials approved for one-hour fne-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. G. Maintenance: a) Roofs and gutters shall be kept cleaz of debris. b) Yards shall be kept cleaz of all litter, stash and flammable materials and debris. c} All flammable materials shall be stored on a parallel contour a minimum of fifteen-feet (15') from any structure. dj Weeds and grass within the fifteen-foot (IS') perimeter and under trees, bushes and brush shall be maintained ffi a height of not more than six-inches {6"). H. Miscellaceous: a) Frrewoodlwoodpiles shall lx: stacked on a parallel contour aminimum offifteen-feet (15') from any structure, b} Swimming pools shall be accessible to the Fire Department. c) Fences shall be kept clear of brush and debris. d} Waod fences shall na connect to slructturs. e) Any outbuildings or additional structures shall adhere to the same standards described herein. f) Each structure shall have a minimum ofan one ten-pound (1Q#) Class ABC fire extinguisher. ,. g) Addresses shall be clearly marked with two-inch (2'~ nooncombustible letters and shall be visible at the primary point of access from the public or common access road and 'installed on a noncombusd-ble post. 10. The Applicant shaft comply with the following general conditions regattling wildlife: A. When existing native vegetation must be altered within the Activity Envelope, the Applicant may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute (m a nearby area on the subject property) vegetation equal in type and quantity to thffi being removed to mitigate effects on wildlife species. Should there be no opportunity on the property for habitat mitigation or restoration, off-site mitigation benefiting the same species may be required, or financial mitigation may be paid into a Coumy habitat mitigation furrd should such a fiord be established in the future. B. Manipulation of vegetation outside of the Activity Envelope is prohibited. C. Mesh or woven wire fences are prohibited outside the Activity Envelope except hay storage. D- Wood rail fencing shat] employ Wtee (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 ffi least eighteen (18} inches between. the lower two (Z) mils. E_ Wire fencing must be three (3} strands or less. The top wire should be atwelve-point-five {12.5) gauge twisted barbless type ffi a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches Pggr5af6 5k_ ZE~b ~ apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen {l~ inches from the ground. F. Tall oVer~~nHture_treec an~i standing dead_+~~,s{~nags)skould be retained a4 the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. G. Fmit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does net include pre-existing native trees and shrubs. Ii Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying,. or otherwise managing wildlife. (. Tmshlgarbage shall be kept in an approved bear resistant container or enclosure. These containers shalt be accessible to and use at all times by contractors on site. !. 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. Construction dogs are prohibited on site. L. Tali tines shall not be planted next to the residence so that bears can climb to a 2"d floor. 11. Applicable road and employee housing impact fees must be paid aY building permit. 12. No development shall occur outside the approved activity envelope with the exception of vegetation removal necessary to comply with the wildfue mitigation measures described above. No structures shalt be permitted outside of the approved building envelope. Applicant shall be required to obtain an Earthmoving Permit fa any work outside the approved envelope. 13. Prior to commencement of any earthmoving or other construction activity, the Applicam shall stake the comers of the activity envelope and 'install conshvction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in plane until issuance of a Certificate of Occupancy. I4. All areas disturbed by construction shall be re-vegetated with native shrubs and grasses within one growing season of the project's completion. I5. 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-I70 and C.RS., § 24-68-105, The statuoory vested rights granted herein shall expire on Lune tg 2011. 16. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asuen Times Weakly on the ~ day ofSt rnp , 2008. APPROVED by the Director, this day of ~ 2008. 1. l t' ~ 9 J1~G Cam! C~ Cm y ouben, Community Development Director PI[Xt 2735-033-DD-D2APQ36-08 Foie 6af6 11`~'l1~Dr.3~ Exhibit A ~i Lot 4, West Butterm~Yk Subdivision ;f0~. 1() NOTICE OF VALUATION REAL PROPERTY 7Tritsls Not a Tox Btu torata m t Tam luac, Pitkia Cooaty Assomor,l06 6. Mats 3L M202. Aryea, CO Si61 E asgpswrmaifGrko.uitkia.co.ns LEGAL DESCyyRyy'IP710N: K L pq ()77270 Today's Date: MAY t , 2009 RCEL~IN 25W4 SEC 3~t0E-BS DESC 9Y M/B SK 314 PG 126 TERRAL INVESTMENTS LTD LLC PO BOX 3595 ASPEN CO 81612 HEARDEC DATES: May 4 thru June 1, 2009 LOCATION: Courthouse in Aspen OFFICE HOURS: M-F 8:00 AM - 5:00 PM TELEPHONE NO: (970} 920-5160 FAX NO: (970) 920.5174 TAX YEAR: 2009 TAX AREA: 060 PARCEL NO: 273503300024 ACCOUNT NO: R003645 PROPERTY PRIOR YEAR C[TRRENT YEAR DECREASE/ CLASSIFICATION ACTUAL VALUE ACTUAL VALUE DECREASE RESIDENTIAL 2330400 4115700 1785300 TQTAL 2330400 4115700 1705900 Your property was valued as it existed on January 1 of the current year. The value of residential property is based on the market approach to value. Generally, the value of all other property is based on consideration of the market, cost, and income approaches to value. The appraisal data used to establish value is from the 24-month period ending June 30, 2008, § 39-1-]04(10.2xa}, C.R.S. if insufficient data existed during the 24-month data gathering period, data from each preceding stx-month period (up to a F~eriod of five years preceding June 3Q 2008) may be utilized, § 39-1-104(10.2~d), C.R.S. The assessment rate for residential property is projected to be 7.96%, § 39-1-104.2(3), C.R.S. A change in the projected residential assessment percentage is not grounds for protest or abatement of taxes, § 39-5-121(1), C.R.S. Generally, all other property, including vacant land, is assessed at 29"/0, § 39-1-104(1}, C.R.S. The tax notice you receive next January will be based on the current year actual value. If the Senior Citizen or Disabled Veteran Property Tax Exemption has been applied to your residential property, it is not reflected in the current year actual value shown above. Most property in Colorado is revalued every odd-numbered year, § 39-1-104(10.2)(a), C_A:.S. Please make a copy of thts form for your records before sending to the Assessor. The fonowing property characEeristics were used to estimate your property value: Land SIZE: 5.05 J 11~ 11 Terral Lot Activity Envelope and Site Plan Review 178 Aspen Oak Drive, Aspen, Colorado Parcel ID # 273 503 300 024 June 10, 2008 l~su ngc~urriox A parcel of land located in the N 1 /2 of the SWl /4 of Section 3, Township 10 South, Range 85 West of the 6th P. M. further described as follows: Beginning at a point on the centerline of a private road and utility easement as described in book 263, page 28 in the office of the Pitkin County Clerk and Recorder whence the South Quarter comer of said Section 3 bears S 12°57'54" E a distance of 2381.93 feet; thence S 14°47'00" W a distance of 383.07 feet to a point on the centerline of Buttermilk Wesi Road as described in book 246, page 842 in the office of the Pitkin County Clerk and Recorder; thence The following seven courses along said Buttermilk West Road centerline: 1. thence 1 18.65 feet along the arc of a non tangent curve to the left having a radius of 358.75 feet, a central angle of 18°57'00", and the chord bears N 73°42'27" W a distance of 1 18.1 1 feet; 2. thence 126.02 feet along The arc ofp tangent curve to the right having a radius of 410.24 feet, a central angle of 17°36'00", and the chord bears N 74°22'57" W a distance of 125.52 feet; ~, 3. thence 127.40 feet along the arc of a tangent curve to the right having a radius of 361.37 feet, a central angle of 20°12'00", and the chord bears N 55°28'57" W a distance of 126.74 feet; 4. thence 1 19.17 feet along the arc of a tangent curve to the left having a rodius of 304.14 feet, a central angle of 22°27'00°, and the chord bears N 56°36'27" W a distance of 1 18.41 feet; 5. thence N 67°49'57" W a distance of 49.76 feet; 6. thence 138.90 feet along the arc of a tangent curve to the right having a radius of 373.33 feet, a central angle of 21 °19'00", and the chord bears N 57°10'27" W a distance of 138.10 feet; 7. Thence 100.07 feet along The arc of a tangent curve to the left having a radius of 481.93 feet, a central angle of 11 °53'51 ", and the chord bears N 52°27'53" W a distance of 99.89 feet to a point on said Buttermilk West Road centerline; thence leaving said Buttermilk West Road centerline N 75°44'37" E a distance of 655.05 feet to a point on said centerline of a private road and utility easement; thence along said centerline of a private road and utility easement 210.35 feet along the arc of a non tangent curve to the left having a radius of 295.00 feet, a cenfral angle of 40°51'17", and the chord bears S 43°30'20" E a distance of 205 92_ feet +o >tiP pnin+ of i~oninninn ,-.,.,t.,;n;,,,, S nst S -a.......y. __.. .......~ ...,,., .., acres more or less. ~t~u~12 VICINITY AAAP SCALE: 1' =2000' J_ i3 PITICIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITICIIV COUNTY (hereinafter "COUNTY") and Tft@¢ n. L ~ k~ Rb7'M~ K 4.l'i'S (hereinafter "APPLICANT") AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Pt.aT F-Ktt u!J tattc a f ~n l O ¢ I PLC j (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32-2002 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurced in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees chazged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally requirE;d findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY' S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on _ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITI{IN COUNTY I ~ r t''a ~ ..LN VPS~ F'~I~' ("APPLICANT") Cindy Houben Community Development Director Print Name and Title (i applicable) Date• J 2c ©9 Mailing Address: c'7 ~' e ~-- O / Z .~~~ 14 May 20, 2009 To: Mike Kraemer Pitkin County Community Development Department I, Tim Terral, on behalf of Terral Investments, authorize Graeme Means to act as my representative in applying for a Minor Amendment to a previously granted 1041 Review (Administrative Decision #54- 2008) concerning 178 Aspen Oak Drive, Aspen, Colorado. Parcel ID # is 2735-033-00-024. I give consent from the Owners to process this application. Tim Terral ~~ ,~~~ 1J r- PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 May 27, 2009 Graeme Means 210 South Galena Street Aspen, CO 81611 Graeme@sopris.net Re: Terral Investments Ltd LLC Minor Amendment to a Development Permit (CASE P049-09; PID 2735-033-00-024) Dear Mr. Means: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you. directly. If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Waechtler Administrative Assistant PITKIN ~UNTY COMMUNITY DEVEL~MENT Permit Receipt RECEIPT NUMBER 00027704 Name: TERRAL INVESTMENTS LTD, LLC Date:5/20/2009 Project Address: 178 ASPEN OAK DR Type: check # 1054 Permit Number Fee Description 0049.2009. PLAN 0049.2009. PLAN PP- Flat Fee PP- Clerk Tech Fee Total: Amount 748.00 25 00 773.00