Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
pitkin.planning.246528301005 (2006)
DOCUMENT LAYOUT' THIS FILE MAY OR MAY NOT CONTAIN ALL OF TIC INF6RMATION' LISTED BELOW IN THE FOLLOWING 012DER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) I'. ~: x i 1~ 9 it .l ... n' ,,, PERMTT , v.. DE~ELOPM~NT DIIt;FCTOR OF PTTI{IN O ~~SCAND SPECOLAL RENVIEWO ~ Cb ~k O'1'~2 O ~ Y~NTO YANL1iANCH~ Administrative Decision No.©2006 RECTTALS' Cornelius Dupre ("Applicant"), has applied to the'Communi Develo went Director of Pitkin County, `Director" ursuant to Section 3-200-080 of the Prtkm Count Land Use Co geline, create an accessory building aenvelope toucon tract albarntand pond, and access ut li env bescana S ndde ("Code"), to amend a previously ty p pedal Review for either an attached or detached CDLT: 1. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is being considered pursuant to the 1994 Land Use Code, as amended. 2. The property is zoned RS-30 PUD and contains approximately 37 acres. 3. The property is legally described as Lot 52 of Sopris Mountain Ranch. PIlS#: 2465-283-O1-005. 4. Lot 52 is part of a conglomerate 1041 Hazazd Review for Sopris Mountain Ranch pursuant BOCC Resolution 91-171 (Reception No. 404594). The Lot is currently undeveloped. 5. The Director finds that the request is consistenf with the requirements of the Pitkin County Land Use Code. APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere to all material representations made during the application process. 2. The Applicant shall comply with BOCC Resolution No. 91-,171 unless otherwise amended by this Decision. 3. The Applicant shall comply with all previous approvals. 4. No development shall occur outside the approved building, accessory, or access envelopes. 5. The primitive access that connects the primary building and accessory building envelopes shall be developed as a primitive two track route that shall not be sealed or paved. ` 6. An access permit shall be submitted for the east driveway that accesses the accessory building envelope. The access permit shall also include a re-vegetation plan for the reclamation of the existing west access. 7. The Applicant shall submit a drainage plan acceptable to the Planning Engineer to address the water drainage pattern through the accessory building envelope. 8. The Applicant shall comply with the County's Wildlife Protection Ordinance with regards to fencing for the property. 9. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Amended 1041 Hazard Review Site Plan in accordance with Land Use Code Section 5-70-040. The above referenced approvals shall be a condition precedent to fmalization and recordation, The 1041 Hazazd Review Site plan shall also incorporate the following changes: a) Eliminate slopes > 30% in the access/utility envelope connecting the primary and accessory building envelopes; { b) Change the Community Development Approval sGGignintg? block to read "This Dupre..." IIIIII II II IIIIII IIII IIIIIITIII~ I Ill~l III I~~II IIII (III 02@0 2006 10 39R R 0.00 D 0.00 ,~; ~:~, i x~; >- ,~, ..~ ~ w:e x, ,,, .~~ _... i (.~~ 10. The detached CDU shall not exceed 1000 net livable square feet of floor area, which shall count towazd the total allowable floor area for the lot. The kitchen for the CDU shall contain at least atwo-burner stove with oven, standard sink, and at least a 6 cubic foot refrigerator plus freezer. The floor plan for the CDU shall be submitted to the County Housing Office for review. 11. The CDU shall be located in the approved primary building envelope and shall be sited so it does not obstruct a Iidgeline. 12. The deed restriction for the CDU shall be obtained by Applicant and recorded prior to issuance of the building permit for the CDU. 13. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy, County Housing Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above- referenced requirements. 14. 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 2~U-day of Gc~~i2/ , 2006. Cin y Houben~~- Community Development Director PID# 2465-283-O1-005 IIII III IIIIII IIII IIIIII IIIIII VIII III VIII IIII IIII 09 ~0 00fi 10:396 P 165-06 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 / ~~i~l~fi~i'i> ~~ LEGAL DESCRIPTION PARCEL NO. 52, SOPRIS MOUNTA]N RANCH, A5 SHOW'N ON THE 1041 HAZARD REVI EW AND LOT LINE ADJUSTMENT PLAT' RECORDED JANUARY 2 BOOK 30 AT PAGE 58 AND MORE'PARTICUI:4RLY DESC~KIBED AS ' 1, 1993, IN PLAT FOLLOWS: PARCEL OF LAND BETIIIG PART OF LOT 4, SECTION 2~, LOT 5, SECTIONS 28 PN PART OF TRACT 77, 78'AND 79, IJOVWNSHI? B SOUTH, RANGE 87 WEST 4F THE 6D PRINCIPAL MERIDIAN, SKID PARCEL IS MORE FULLY DESCRIBED AS FOLLOWS; TM BEARS 5 60°54'54" EI 10 6.92NFEET,• F ~OUTHEAST CORNER' OF SAID SECTION 29 THENCE S 9°5751" W 858.46 FEET T4 THE NORTHERLY RIGHT qF WAY LINE OF THE COUNTY ROAD; THENCE N 79°02'tl0" E 681 65 FEET ALONG SAID RIGHT OF iNAY LINE; FEET ALONG SAID RIGHTOC',F WAY NLI ETp ?Y-1E LEFT HAVING A RADIUS OF 220.65 FEET ALONGSSAID R1G~HT OF WAY ~E 0 THE LEFT HAiIlAJ~G A'RLAt)IL1S OF 405, 99 THENCE N 65°51'04" E 128.59 FEET ALONG SAID RIGHT OF 1NAY LINE; THENCE 161.20 FEET AL.O'N~G A CURV(= TO THE LEFT'NAf1iNG A RADIUS OF 162.69 FEET ALONG SAID RIGHT OF WAY,LIhJE; THENCE N 67.00 FEET ALONG SAID RIGHT OF WAY LINE; FEET ALONG SAID RIGH'T'"OF WAY LIN`E,~ ~ . THENCE N 31°58F00' E242.76 FEET A 00 SATD RIGHT OFGWA PDNES OF 463,86 THENCE 315 37 FEET ALONG A Ct1RVE T~ T'~iE LEFT HAVf~fG .~ RADIUS QF 252.25 FEET ALONG SAID'RIGHT OF~WAY LINE; THENCE S 76°32'00" E 226.92 FEET ALONG SAID RIGHT OF WAY LINE; THENCE 213 35 FEET ALONG A CURVE TO THE LEFT 1=1AVING A RADIUS qF 340, 97 FEET ALONG SAID RIGHT OF WAY LTNE; THENCE N 40°23'd2" IN 233.66 FEET; THENCE N 01°38'48" W 454.54 FEET; , SAID TRACT178;~'00" W 731.85 FEET ALONG LINE 1-2 OF SAID TRACT76 TO AP 2 OF THENCE N Q9°26'40" W 20268 FE TALOFJG LIf+fE 2-3~OF'SAID~eTRACT 76; THENCE 5 45°15'42" W 309 72 FEET; THENCE S 02°42'33" W'3Y735 FEET; THENCE S 80°46'01" W 589,91 FEET TO THE POINT OF BEGINNING, { COUNTY OF RITKIN, STATE OF COLORADO, I IIIIII VIII VIII) IIILIIIII~ I IIII ~IIII~I) Illy III ~iil 0g ~ 2006 10:398 JiiNICEK VOS CRUDILL ~PT TKTN~OOUNTY CO ~R0.00 - C~ 0.00' MEMORANDUM TO: Cindy Houben, Pitkin CountyACommunity Development Director FROM: Michael Kraemer, Planner JI'~~ RE: Dupre Minor Amendment to a Development Permit and Special Review for a CDU. DATE: October 18, 2006 REQUEST: The Applicant desires to aanend a previously approved building envelope to position a future residence away from obstructing a ridgeline. The Applicant also desires to establish access and accessory envelopes and requests special review approval to construct either an attached or detached CDU. APPLICANT: Cornelius Dupre LOCATION: Lot 52, Sopris Mountain Ranch. PID#: 2465-283-O1-005 (Legal Description, Attachment A) ZONING/LOT SIZE: The Lot is zoned RS-30 POD, approximately 35 acres, and is conforming in size. 2005 AERIAL PHOTO: The Lot is highlighted in light green. ~"`~ PREVIOUS APPROVALS, EXISTING CONDITIONS, and PROPOSALS: Lot 52 is part of a conglomerate 1041 Hazard Review for Sopris Mauntain Ranch pursuant BOCC Resolution 91-171 (Reception No. 348646). The Lot is currently undeveloped. The Applicant has stated that the established building envelope will obstruct a ridgeline as viewed from West Sopris Creek Road. According to Condition A(8) of the .Resolution stated above, "No rooflines shall protrude above ridgelines as viewed from the County road right of ways". A site visit to view story poles was conducted with the Applicant's representative and confirmed this situation. Another site visit was conducted to view the amended building envelope and story poles. if constructed in the amended location, the residence will not obstruct a ridgeline. The picture below de icts these poles as viewed from West Sopris Creek Road: The accessory envelope was also viewed at the time of the second site visit. This envelope and proposed barn within that envelope may be visible from West Sopris Creek Road however the structure will not obstruct a ridgeline. The envelope has been proposed in a natural drainage/debris flow pattern. The Applicant has stated that the barn will be located outside the drainage pattern. The picture on the following page depicts the proposed accessory building envelope looking south: The Applicant has also requested Special Review approval to construct either an attached or detached Caretaker Dwelling Unit within the primary building envelope. The Applicant is aware that the CDU will also not be able to obstruct a ridgeline. The Applicant will be conditioned in the attached Administrative Decision to site the CDU as to not obstruct a ridgeline. ~""'~ r, firms -<a~.~, ~. ~ ~ _ -:7 ~ ".' ~~' ;- ~~. ~,., ~~i. Connecting the primary and accessory building envelope is a proposed primitive access road that is part of the old West Sopris Creek Road. During the site visit, this road was walked. Heading west fro-n the proposed accessory building envelope, the road is a substantial existing cut petering out to where the well has been drilled. From the site of the well to the primary building envelope the road is less defined. The Applicant has also requested to bury utilities along this road. The Applicant has proposed this primitive road as an access/utility envelope that has been drawn with slopes > 30%. The Applicant will be conditioned to remove these portions of envelope. The primitive access road does not pose, any hazards however it will not be approved as a primary access to the accessory building envelope. This road will be conditioned to remain as a two-track trail and may not be sealed or paved. Currently, there are two access roads to the accessory envelope that are either part of the old West Sopris Creek Road or old ranching roads. The Applicant has submitted a supplemental request to the original application to retain the east access route and reclaim the west access route to make as an access drive to the barn. The Basalt and Rural Fire District is in favor of this proposal as long as the access route meets County and Fire District Standards. A re-vegetation plan for the reclaimed access will be required to be submitted at the time an access permit for the east access is submitted. ___ __ _...........t, t.~,,,,,,, ~„ auuiG,J ~,,,, Nu~enua~ issue. tseiow this drainage is a natural occurring water collection area which the Applicant proposes to enhance into a pond. This request does not pose any problems. w. . ~. Protection District and So ris Mountain g ... ,, p Pp anch pp were m favor of the a lication Homeowners As Oci~aM n were refBerred on this aura,'cat on. Referral a encies with no conditions. STAFF COMMENTS: Minor Amendment to a Development Permit. Pursuant to Section 3-200-080 of the Land Use Code, tl mentDirector may approve a minor amendment to a development permit subject to compliance wi'T theDfollowing standards;' A. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodation uses. Response: The proposed amendment does not change the use of the proposed development. B. The amendment must be consistent with action taken during the review of the original development and does not constitute a new land development activity. Response: This amendment is consistent with the action taken during the review of the original development. The amended primary building envelope and proposed accessory building envelope does not encroach into any 1041 Hazard areas. The. construction of an agricultural building and pond do not constitute a tf£w land development activity. The proposed activity does not: 1. Change the basic character of the approved use of the Zand on which the activity occurs including basic visual appearance and method of operation; 2. Increase off-site impacts in the surrounding neighborhood,' 3. Endanger the public health, safety, or welfare; 4. Violate any Zand use Code Standard,• 5. Substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and 6. Increase the floor area of the use by more than (2) percent or decrease the open space on the site by more than three (3) percent. Response: The proposed construction of an agricultural building does not change the basic character of the approved use for the parcel. The proposal will not endanger public health, safety or welfaze nor biolafe any known Code Standard if the conditions outlined in the attached Administrative Decision are complied with. Finally, the proposal will not increase the need for on site parking or affordable housing; or increase the allowable floor area of the use. Caretaker Dwellintt Unit A caretaker dwelling unit is listed as a special review use in the RS-30 zone district and therefore must comply with the following standards (see Subsection 3-270-020): A. The special review use shall consider the applicable County Master Plan. Response: The special review use is not inconsistent with the Down Valley Comprehensive Plan. B. The special review use shall not conflict wlth arry applicable sections of zhe Pitkin County Land Use Code, inclzrdmg the County Land Use Policies in Article 2. Response: The use is consistent with the Pitkin County Land Use Code and the Land Use Policies. ...,, ~ , , ,~,, w,. ,.. f--t-~ ~:.. . , , ., ,. ~.. C. The special review use shall be consistent with the.. intent of the Zone District in which it is proposed to be located. Response: The RS-30 zone district permits a "caretaker dwelling unit" as a special review use accessory to a single family residential development. D. The special review use shall be compatible with the. character of the immediate vicinity of the parcel proposed for development and surrounding Zand uses, or shall enhance the mixture. of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: Applicant has noted that the CDU will be compatible with the character of the surrounding area. Adjacent parcels also contain. single family residences and accessory structures. E. The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adver°se effects, including visual impacts, impacts on pedestt~ian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties: Response: The Applicant has noted that the placement of the CDU within the approved building envelope will avoid significant environmental impacts and hazards. The proposed CDU will be constructed either as an outbuilding or attached to the main residence. The traffic generation from the increased density is said to be accommodated by'the main driveway. Additional impacts stated above will be of no issue. F There nsust be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage .systems, and schools. Response: The additional impact of a CDU should be de mininzus with respect to the public facilities and services that'are already in place and will be servicing the future residence. The property is located within the Basalt and Rural Fire District and the CDiJ would not require additional fire mitigation planning than what was already approved in the original 1041 Hazard review. Well construction, access, and waste systems will be required to meet Pitkin County standards. G. An dpplication.for aspecial review use must demonstrate to the Board of County Commissioners that the proposed development will not.• a. Materially endanger the public health, safety or welfare; and b. Substantially injure the value of adjoining or abutting property. Response: This special review is conducted internally by the Community Development Department and will not be presented to the Board of County Commissioners. Regardless, staff has no information that would indicate that tfie development would injure the value of adjacent properties, or would endanger the public health, safety or welfare. Applicant provided notice to adjacent property owners, as required by the Land Use Code; no objections to the CDU were received. Rural Area Growth Management Exemption Pursuant to Subsection 9-110-041(c) of the Code,. a detached CDU, not to exceed 1000 net livable square feet (Ordinance No. 008-2005), may be permitted on any lot or parcel of land which conforms to the RS-30 zone district under the folldwing conditions and limitations: 1. The floor area of the caretaker unit shall be included in the total allowed floor area for the lot or parcel of land. Response: The Applicant formally acknowledged that square footage for the. CDU would be included in the calculation of total allowable floor area for the property. The size of the CDU will be less thari 1000 square feet. 2. There shall be provided one off-street parking space for each bedroom within the principal dwelling and one off-street parking space for each Gedroom in the caretaker unit. Response: The Applicant has not represented in the application that one off-street parking space will be provided for each bedroom in the CDU. 3. The applicant shall, by deed restriction or other permanent consmitment running with the land, guarantee that the unit comply with the CDU restrictions stated in Subsection 9-170-0=11(C)(2)(c)of the Land Use Code. Response: The Applicant has acknowledged that the CDU will be deed restricted. 4. The CDU restriction may only be removed upon approval by the Community Development Director, subject to certain requirements stated in Subsection 9-110-041(C)(2)(d) of the Land Use Code. Response: Applicant has agreed to this limitation. RECOMMENDATION: Staff recommends that the Director approve the Dupre Minor Amendment to a Develo ment permit to amend a building envelope to avoid obstructing a rii~geline, create an accessory P building envelope to construct an agricultural structure, and Special review for a CDU subject to the conditions of the attached Administrative Decision. ATTACHMENTS: A. Legal Description PUBLIC NOTICE RE: Dupre Minor Amendment to a Development Permit & Special Review for a Caretaker Dwelling 1Jnit (1'165-06) NOTICE IS HEREBY GIVEN that the Pitkin County Community Development Director will consider an applicafion submitted by Cornelius Dupre (314 North Post Oak Lane, Houston, TX 77024) requesting approval to build a detached Cazetaker Dwelling Unit. The property is located off West Sopis Creek Road, and is legally described as Lot S2 Sopris Mountain Ranch. The State Parcel Identification Number for this property is 2465-283-O1-005. For further information contact Mike Kraemer at the Pitkin County Community Development Department; (970) 920-5482. s/Cindy Houben Pitkin County Community Development Director 130 South Galena St., 3'd Floor Aspen, CO 8161 T Attention Adiacent Pronerty Owners A property owner receiving this public notice shall have 30 days from the date the notice was postmarked to object to the approval. Any objections shallbe made by sending a lefter (post-marked no later than 15 days from the date the notice was postmarked) to the Pitkin County Community Development Director, 130 South Galena Street, Aspen, Colorado 81611. Any objections to the development application will result in a Board of County Commissioner's public hearing. ..:.. F 3. ..;. .. ..~.....~ u PITKIN COUN~COMMUNITX DEVELOPMENT PARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 July 21, 2006 Tom Newland PO Box 4815 Basalt, CO 81621 Re: Dupre Minor Amendment to a Development Permit & Special Review for a Caretaker Dwelling Unit (PID#2465-283-01-005; Case# P165-06) Dear Mr. Newland: The Planning Office has completed its preliminary reviewof the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property owners with the return address of the. Community Developmentbepartment (copy of notice will be mailed to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeazed no more than 60 days prior to ttae mailing. Please submit the enclosed Affidavit of Notice by Mailing as proof of compliance witli the Code: This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482 Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 5-80-010 J CDU Notice r y 11(V YM~a~~ ~l' V~~C~ Resau~V4~7E l1nC, PRO/ECT MANAGEMENT /OEVELOPAIEMAPPROVALS /TRANSPORTATION PLANNING Y~IS /fNF01tIGlATCON"i4YANAfiEMEt•IT RECRFAAON PLANNINO!ENVIRONM~NTAL 1{N)IL°,• ,_ , .-.,.,..,.. j~ ~ Yotce (970) 927-4ti45 PO Bay 4815, 417 ORIGINAL ROAD, BASALT, CO 81621 ))`~ Fax: (970)927-0196 tomn~soprts.net ,~..._ . „ .~:_: , _.a.: r s . , ::.M~ September 24, 2006 Michael Kraemer, Planner Pitkin County Community Development Department 130 Soutli Galena Street Aspen, CO 81611 RE.• AMENDED DURPE 1041 HAZARD REVIEW SITE PLAN Dear Michael: This is to follow up on our phone conversations and site trip regarding the Dupre parcel, also known as Lot 52 of the Sopris Mountain Ranch Subdivision. Based on our discussions, you have agreed to consider a revision to the site plan that would allow Mr. Dupre two access options regarding his parcel: o The initially proposed access from the east side of the property. This access would travel north toward the Accessory Building Envelope, switching back over the two existing primitive ranch roads to keep the road grade to 10%. After reaching the Accessory Building Envelope, the road would travel west along an existing road cut to the Primary Building Envelope. o An access road from West Sopris Creek Road directly to the Primary Building Envelope. This access would be located at a relatively level area approximately 230-feet from the southwest property corner. If this access is used, a primitive road will be placed along initially proposed access envelope (above) from the Primary Building Envelope to the Accessory Building Envelope. This alignment will also be used to bury utilities, in particular the piping and electric line heeded to provide water. Based on guidance fro the Basalt & Rural Fire District, we would request that the existing primitive ranch road from the Accessory Building Envelope south to West Sopris Creek Road also be opened, provided that this road. remain primitive and be gated at the intersection with the County Road. This proposed revision to the site plan would give my client the most flexibility regarding access to his properly. Attached for your review is a revised 1041 Hazard Review Site Plan that shows that provides for this flexibility. Included on the site plan are 2 plat notes that place the following conditions on the proposal: 1) Only one of the two access points shown on the plat shall be used for primary access to the County Road; 2) The existing primitive ranch roads shown along the east side of the property will be ~ I reclaimed and revegetated if not used for access. RECEI Y ED SEP 2 b 2A06 PITKIN COUN"fY TMENT „_ . ,~, ,~ a' vi a Davis, Pi C ~' .~Cnty C1 erF:, Doc ~. 0~~ tESOLUTION OF THE PITRTi: ,^.OUPITY BOP?2D OE COUNTY, COMMISSIONERS APPROVING 1041, GENERAL SUBMISSION AND BOUNDARY LINE 1DJUSTMENTS FOR A PORTION OF THE SOPRIS MOUNTAIN RANCH TRACT'S RESOLUTION N0. 93-~[ /7~ WHEREAS, on December 10, 1991, the ' Board of County .:ommissioners (hereinafter-the °$OCC") reviewed the Sopris Mountain Ranch application for 1041 Hazard Review, General Submission and Boundary Line Adjustments for Lots 2 and 54 (non-collectively i parcel 54), 6, 10, 12, 13, 14, 15, 16, 17, 18, I9, 20, 21, 22, 24, 25, 31, 32, 33, 34,..36, 37, 40, 41, 43, 44, 45, 46, 47, 48, 52, and ~ 53 of the Sopris Mountain Ranoh tracts, which lots are 'included in r the le al descri tion found in Exhi '~~ g p bit "A"; and WHEREAS the Pitkin Count Plannin and '~ y g Zoning Commission c~ ~ (hereinafter the "CominYSSion") reviewed the application on September 3,1991 and recommended approval with conditions; and WHEREAS, the applicants represent 31 of the 50 tracts within. j the Sopris Mountain Ranch tracts; and - ' RHEREAS,'the combined application provides the County with the <,. j ability to review the cumulative impacts of development on :r ~ wildlife, wildfire and public services; and ;.; NOW, THEREFORE, BE IT RESOLVED by the BOCC that they do hereby .' '? grant approval to the following Sopris Mountain Ranch tracts (.Lots 2 and 54 (non-collectively parcel 54), 6, 10, 12, 13,"14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 31, 32, 33 34, 36, 37, 40, 41, i '' 43, 44, 45, 46, 47, 48, 52, and 53) for 1041 Hazard°Review, General #348646 09/16/9. 0:03 Rec x.00 bk 688 PG ', :` Silvia Davis,'`~'~.~hin Cnty Clerk, Doc ~.O~y P.esol~:tion No. 92-~ Page 2 Submission and Boundary Line Adjustments with the following conditions of approval: A. General Submission Conditions: 1. All utilities shall be buried within roadways. 2. Street names shall be clearly marked. 3. Prior to issuance of any building permits, the applicants shall supply the Sheriff's Department and Fire District with a final subdivision plat. 4. Prior to issuance of any building permits for lots contained in this approval, the applicants shall construct and have an operational 10,000 gallon cistern or pond on Lot 14. The final design and construction of the tank or pond shall meet the approval of the Basalt Fire Protection District. The tank shall be buried and the ground shall be revegetated within one year of the disturbance. Two 10,000 useable gallons of water shall be provided within cisterns, or ponds, and shall be located in Sections 32 and 34. These shall be available for wildfire and structural fire safety. Each water source shall be clearly marked for emergency purposes. The location, design and construction of these water sources shall be appraved by the Colorado State Forest Service and .3asalt Fire Protection District prior to issuance of any building permits for lots covered by this approval (see Condition ~`4 above for conditions regarding revegetation). The tank shall be buried and the ground shall be revegetated within one year of the disturbance. 6. Prior to issuance of any building permits for structures located off newly constructed Road #7, the road and driveways shall meet County approval. The road shall be reviewed by the Fire District and State Forest Service prior to final approval by the County. The County Planning staff and Engineering staff may approve the road design; however, if any conflicts between the staff and applicant arise, the issue shall be referred to the BOCC for final resolution. 7. Two acres of Lot 54 shall be dedicated to the Fire District for the purpose of creating a fire substation. `'il A specific plan for the substation and rezoning of the ' parcel shall be required by the Fire District prior to construction or approval of the use. #348646 Q9/16/9~ - °"3" Fec $ 00 by 688. F'6 '77;' °" .Silvia Davis Pit:._.; ~Cnty`Clerk:; Doc x.00 4 Resolution No. 92-~/ Page 3 8. No rooflines shall"protrude above rdgelines as viewed from the County road right-of-way. 9.: The principal structures on the upper Lots (numbers 17 through 22, 24 and-$5) shall be limited in size to 10,000 qu rea Those structures and all " s are feet of floor a other outbuildings or accessory structures on tie dot shall be reviewed and approved, prior to issuance of a building permit, by the Division of, Wildlife based on sensitivity to wildlife concerns. 10. Prior to construction of the road or any home sites served by the new road (Lots 1'7 t2irough~22, 24 and 25), 'the applicants shall submit a complete and comprehensive "drainage and erosion control",'plan to be reviewed and "approved by `the County Engineer relative to new road #7. The County Planning staff and"the Engineering staff may PP P , t betwegen theappli.cant and the staff f thec~ssuec~'arises kiall b brou ht before the BOCC for final resolution. B. 1041 Ha2ard Review Conditions: 1.- Wildfire• A, The applicant shall abide by the following wildfires. 4 ach homeowner sha~:_ be Y•equ reds tod coinpletetao lot specific wildfire management plan with the Colorado ,State Forest Service prior to the issuance of a building permit (this applies tq lots 10, 13, 15, 17, i9, 21, 22, 24, 25, 31, 32, 33, 34, 36, 37, 40, 42, 43, 44, 48). The lot specific plan will allow each homeowner to accommodate individual needs as well as accomplish .,..~, ,~.x~. ..,., the following requirements: 1) No vegetative manipulation shall occur outside of the established .,activity envelope. All wildfire mitigation which Yequires vegetative manipulation must be accommodated within the activity envelope as"established. ' 2 ) None of the building envelopes shall be located in draws; cariy"on5'or on slopes greater than 30$. 3) All of the structures .,shall incorporate landscaping with wildfire defensible space ca~is`iderations a"s follows: ` ------ _ ..... ;,~a- P <.. ~ ~ ~M ,.,~,w #348646 09/16/92 i 3 Fec s.OU Bb' 688 PG 77 Silvia Davis, Fitki~~ Cnty Clerks Doc s.00 Resolution No. 92-~~ Page 4 a) Brush, debris and non-ornamental vegetation should be removed a minimum to foot perimeter around the structures. b) Vegetation thinning and landscaping a minimum of a 30 foot perimeter around the structures built on flat ground (for increased slopes, refer to CSFS Safety Zone chart, page 13 of the Wildfire Safety Guidelines For Rural Flomeowners). c) A minimum of a l0 foot tree crown or stand separation within the 30 feet perimeter. d) Pruning all branches from trees within the 30 foot perimeter to a height of 10 feet above the ground and removal of ladder fuels from around trees. e) Trim all branches which extend over the roof eaves and remove branches within 15 feet of the chimney. f) Reduce the density of fuels within a 100 foot perimeter of the structures. 4) Roofing material shall be of anon-combustible material. Only metal, asphalt, the or Class B Certi-Guard (registered brand name) Red Label shakes and shingles utilizing Class B construction techniques (1/2" minimum solid sheathing) or better, shall comply with th.~> provision. 5) Any additional proposed buildings within the building envelopes shall incorporate wildfire hazard mitigation measures. 6) The Wildfire Management Plan shall be incorporated into the covenants for the ranch for the parcels included within this application. Such covenants shall ensure that the wildfire provisions are adequately maintained by the homeowners over time. A copy of the revised covenants shall be submitted to the Planning Office prior to issuance of any building permits. B. Fuel breaks shall be incorporated into all access roadways within the subdivision where necessary. The fuel breaks shall be 100 feet on each side of ., ,.~. r #348646 09/16/92 - Fec ~.On BK 688 FG 77 , " ~ 'Silvia Davis, QO ~: Pitkin'~Cnty Clerk, Doc Resolution No. -~-. 92-~~ ~ Page 5 the roadway. The applicants shall devise a plan_for such fu'e1 breaks in association. with the Colorado State Forest Service. This plan shall be ... implemented prior to the issuance of building permits for lots accessed off of the 'newly ~ 24 & 25). constructed road ~7 (Lots~~Y7=22; C. Each home shall be required to have a sprinkler ' shall be system. The_ design of such a system reviewed and approved by the Fire District prior to final approval of a building permit,. D. The following lots were inspected and determined to um hazard H4, 6, ;52, 53, 12, 16, 14, d 1 7, 18, 20,a~rid 21.' These lots shall 45 ~ 46~ 4 41, provide a 10 foot clearing around the structure plus ' of the a defensible space thinning within 30 feet structure. The defensible space thinning shall ..m ~.~,.....< reduce the density of the brush 'so that patches are no more than 10 feet across., and should leave at ' d .. _ ..wm _.. ~: least YO feet of spa~"e between these patches. 2. Wildlife• a. Prior to issuance of any building permits, the applicants shall develop a Wildlife Management Plan which shall be incorporated in a1Z development occurring within the subdivision, At a minimum, the ..... plan shall address the following issues: 1) Centralization of trash receptacles anti bear- proofing of such areas. '' 2) Limi*.ed hunting with primitive weapons. 3) Cattle management. 4} Timing of the construction of the homes on Lots 17-22, 24 and 25. 5) Time limitations on recreational activities on the upper portion of the ranch May 15 through June 21. 6) Future fences and replacement of existing fences. 7) No dogs shall be allowed. 8) Maintain native vegetation outside of the building envelopes. #348646 09/16/9C 1G~""' Rec x.00 Bt: ~~~ pG ~ 780 '" Silvia Davis, Pitki~ ,nty Clerk, Doc x.00 ~~ Resolution No. 92-I~~ Page 6 9) Maintain 100 foot buffer along all creeks. l0) All horse grazing shall be confined to the lower pastures. 11) All utilities shall be buried within roadways. 12) No feeding of big game. 13) No fox/hound events from October 21 - June 21. b. The map dated 6/4/92 indicates the approved building envelopes for all lots covered by this application. 3. Geoloaic• a. No homesites shall encroach onto 30o slopes. b. The applicants shall be required to implement the following relative to new road #7: _,) 1) All recommendations made by Dr. Nick Lampiris in his letter dated August 14, 1991. C. Boundary Line Adjustment Conditions: 1. The applicants sh required boundary revised plat shall the issuance of a this application. adjustments are: all revise the deeds to lots which line adjustments. In addition, a be submitted for recordation prior to building permit for lots covered by Lots which require boundary line Lot 6 Lot 24 Lot 13 Lot 25 Lot 16 Lot 40 Lot 17 Lot 41 Lot 18 Lot 45 Lot 19 Lot 46 Lot 20 Lot 47 Lot 22 Lot 52 Lots 2 and 54 shall merge. APPROVED by the Board at its regular meeting on December 10, 1991. #346646 09/ 16/9 ""`3 Rec ~. Oh &K 688 F6 7&' ,~.. .Silvia Davis, Pit, ~~/ Cnty Clerk, Doc ~.C~p ~ Resolution No. 92-I/ Page 7 BOARD OF COUNTY COMMISSIONERS OF PITRIN COUNTY, COLOR-A-D-O^ Jim True, Chairman Date `~- ~-; 'c% 2~ ATTEST• /~ .Deputy County-Clerk AS TO FORM; APPROVED AS TO CONTENT: Timothy A~itsitt, '-' Suz ne Ron han, County Attorney County Planning Director ~n...~ rf , , 1~ ryT; ', ~ i ~ ( ~ ~ '.. ,, i' i Newland Project Resources,. inc. PROJECT MANAGEMENT /DEVELOPMEMAPPROVALS /TRAN5PDRTATION PLANIV(NG RECREATION PLANNING /ENVIRONA4ENTALANALYSlS /INFORMATION MANAGEA'~'ENf ~ /{~ Voice/fax (970) 9274645 PO Box 4815, 417 ORIGINAL ROAD, BASALT, CO 81621 June 27, 2006 Michael Kraemer Pitkin County Commuhity Development Department 130 South Galena Street Aspen, CO 81611 RE: Dear Michael: Please accept this letter as my clients' request'to propose minor amendments to the the mi or asmendment,Rwe are alsoi P'P Y ~9 Weat5pepclallRevie eappropal fodi~ioritfo Caretaker Dwel9l,ng Unlt (CDU). Attached to this letter as required by the Pre-application Conference Summary please find the following materials, documents and informatioh: ;, ,,: _ i ATTACHMENT 1; Pre-Applicatioh Conference Summary Slieet ATTACHMENT 2: Consent from the owner of the property for Newland Project Resources, Inc. (NPRI) to`represeht"them and to process the land use application. ATTACHMENT 3d Disclosure and proof of ownership of the property complying with i , ...:: Subsec. 5 `7`O=OZO(D) of the Larid` 17se~Code and List of Adjacent Property and Mireral Rights Owners. ATTACHMENT 4: Street address and parce and an 8-1 2 x li vicinil description, including legal description, ,. / ty map Tocating the subject property within n:ai.:.. F~....u. ,, .... _. ,, ,. ATTACHMENTS: Executed PitTEiri County Community bevelopmeht Agreerrneht for i Payment of Land Use `Application Fees forn•r. ATTACHMENT 6: A copy of Ehe recorded 12esolufion`No '91-171 and 1041 Hazard Review Site Plan. We are requesting that the County approve revisions to this Site Plan to allovdfor the placement of the following improvements on the property: ` • Designation of an Accessory Building Ehvelope to accommodate an existing pond ahd an accessory building for agricultural storage; Designation df an Access Envelope to provide access to the Accessory Building Envelope and Primary Building Envelope and Eo provide for the placement of underground utilities to both envelopes. .~. ~, Relocation of the Primary Building Envelope to lower from the existing ridgeline on the property and into a more visually secluded area west of the ridgeline. ATTACHMENT 7: A site plan that shows the existing conditions on the site, the relocation of the Primary Building Envelope, the location of the Accessory Envelope, and the location of and improvements proposed within the Access Envelope. In summary, we are proposing the following improvements: • Relocation of the existing Primary Building Envelope to mitigate visual impacts. Resolution 91-171 (known as the "blanket 1041 for Sopris Mt. Ranch.), stipulates that no rooflines shall protrude above the ridgeline as viewed from the County Road. The existing location of the Primary Building Envelope makes it difficult if not impossible to place a structure without risking noncompliance with this condition of the 1041 approval. Therefore, the Primary Building Envelope must be relocated to the west side of the existing building envelope location. Relocating the envelope to this area removes the structure from the existing ridgeline on the property. Placement of an Accessory Building Envelope for a garden shed and a property management Shop/storage structure. An existing pond is included within the Accessory Building Envelope as well as a small grass field. • Placement of a driveway along an alignment that follows an existing ranch road and a portion of the old County Road grade as it goes through the property. This driveway will provide access and underground utilities to both the Primary Building Envelope and the Accessory Building Envelope and will be designed to provide appropriate access for emergency vehicles to the existing structures and to a hydrant system being placed for fire-fighting purposes. The driveway has been situated and designed to conform to all applicable County Driveway Standards and the Fire District has been consulted as to the appropriate width of the driving surface and radii of the curvature to insure that emergency vehicles can readily access the site. We are also requesting approval for a detached Caretaker Dwelling Unit (CDU) to be located within the Primary Building Envelope. ATTACHMENT 8: Draft 1041 Hazard Review Site Plan prepared ii abc ardda 5-701040. the requirements of Subsections 3-80-050(C)( )( ) PROJECT CONFORMANCE WITH THE LAND USE CODE Any request for a Minor Amendment to a Development Permit must comply with the standards listed in Section 3-200-080 of the Pitkin County Land Use Code (hereinafter the "Code"): Page 2 MINOR AMENDMENT TO A DEVELOPMENT PERMIT, CDU REQUEST PARCEL ID #2465-283-01-005 ~ ' ~ Y p':. n:. .,, , ....,;.Nit +. ,'"ti:.. ..< , :;. _. v:. W _. A. The amendment must not change the use of the proposed deve/oprreent between residential, commercia/and tourist accommodations. No than a of use is ro osed b the amendment as the a licant still intends to construct asingle-family dwelling unit with accessory stru lures as approved by the existing development permit. - i- ~ -! '' •- B, The amendment must be consistent with action°taken wring the review of the origin~ldeveCopment and daes not constitute a new land development activity. The action taken by the County concerning the property is documented in ATTACHMENT 6; Resolution No. 91-I71 of the''Board of County Commissioners, granting 1041 approval for 33 lots within the Sdpris Mountain Ranch subdivision. The amendment proposed within the application requests changes to the recorded ]1041 Hazard Review $ite Plan so that the applicant°"can best place tH'e residential/accessory use improvements and access as described above. We believe that the proposed' amendment request is consistent with the original approvals as they do not increase the overall floor area of_the development. C. The' proposed activity does not: ' 1. Change the basic character of the approved use of /and on°-which the activity occurs'/nc/uding visua/appearance and methob of operation; not beechan of operation as asingle-family dwelling umt and accessory uses will _ ged by this reiauest. There wi0"6e no adverse change in the overall visual impact of the proposal since the buildings will`be relocated fo a Tower section of the property that is more visually removed from the btaildirYg envelope that'is' currently approved. 2, Increase off-site impacts in the surrounding ne/ghbor/iood; Off-site impacts are not expected to increase'. No increase to traffic or use of the property will occur because of this proposed amendment. 3. Endanger the public hea/th, safety or we/fare; No increase in the potential endangerment to the public is anticipated by the proposed amendment, 4, Vio/ate any Land Use Code standardp The requested changes to the plat will not violate any Land Use Code standard. s, Substantial/y increase the need for on-site parking or utilities, or affect atfordab/e housing generation] The size and scope of residential development and accessory uses on the property will not be increased as a result of the requested amendment. 6. increase the floor area of the use by more than two percent (2%) or decrease the o ens ace on'the site b more than th P P y ree percent (3%). MINOR PARCEL ~-, The floor area for the principal structure is capped at 10,000 square feet and no increase will result as a part of this requested amendment. Currently, the open space on the parcel outside of the building envelope consists of approximately 1,533,312 square feet (35.20 acres). The requested amendment will change the designated building envelope and add an Accessory Building Envelope. The increase in size of the building envelopes from what was previously approved is 45,768 square feet (1.06 acres), decreasing the open space on the property to 1,487,544 square feet, which is less than a 3% decrease (2.8%). 1041 REVIEW CRITERIA SECTION 3-80-050(C) GEOLOGIC HAZARD AREAS (Slopes in Excess of 30%) The proposed modifications to the Site plan do encroach on areas where the existing slopes are in excess of 15% but not greater than 30%. Page 2 of ATTACHMENT 7 shows a slope analysis of the area around the portions of the property proposed for development. Relocation to the Primary Building Envelope: The proposed relocation of the Primary Building Envelope actually reduces the amount Qf slopes contained within the envelope are greater than 15% by shifting the envelope west and down into a small Swale on the site. The new envelope is also slightly smaller than the previous envelope by 0.25 acres. The new Primary Building Envelope consists of approximately 206,610 square feet (4.74 acres). 1.63 acres or 34% of this proposed envelope consists of slopes between 15% and 30%. 0.06 acres, or less than 1% of the area to be included contains slopes of greater than 30%. These small areas of slopes greater than 30% were included within the existing envelope. Accessory Envelope: The new Accessory Building Envelope consists of approximately 56,537 square feet (1.29 acres). 0.55 acres or 43% of this proposed envelope consists of slopes between 15% and 30%. 0.05 acres, or less than 3% of the area to be included contains slopes of greater than 30%. The small areas of slope greater that 30% is a man-made berm placed as a part of the construction of the old County Road. Access Envelope: The proposed Access Envelope consists of approximately 180,060 square feet, or 4.13 acres. For the most part, the alignment of the driveway follows the bed of an abandoned county road. The portions Qf the alignment where an area outside of the county road bed is utilized was necessitated due to the access requirements of the Fire District. In these areas, no slopes of greater than 30% will be crossed. Some areas of slopes greater than 30% are present along the old county road alignment and are actually the hillside cuts made during construction of the old road. We are proposing to re-grade these areas during road construction to reduce their steepness and thereby enhancing revegetation efforts along the driveway. According to Ordinance #26-2003 of the Board of County Commissioners, development on slopes in excess of 15% to less than 30% is permitted subject to the following standards: 1) An engineer or geologist licensed in the State of Colorado shall be required to demonstrate that the site can be engineered ih such a way that there is Page 4 MINOR AMENDMEN7T0 A DEVELOPMENT PERMIT, CDU REQUEST PARCEL ID #2465-283-01-005 .. ~, .... ..., . .. . , n' no hazard posed by the location of development on slopes in excess of 15%, but less than 30%. A precise' engineer or geologist approved mitigation plan shall be required that shows the area of disturbed slope, any regarding required and the exact size and location of all mitigation devices. Any development approved pursuant to this section shall be conditioned upon compliance with the engineer's recommended mtigat~~on measures: ` 2) Any mitigation measures must be determined by the°~'oinmunify "' Developmeht Department Yo be the least visually and ecologically obtrusive alternatives. 3) To the extent possible, the development shall be designed so as to: avoid adding water to the site that would cause decreased stability; avoid removing the toe' of the slope without adequate mechanicar support; avoid so that they can be relvegetatedpavo"d steepen"ng of ewstn~gtslopesareas We are proposing that the development occurring within the Primary, Accessory and Access envelopes be approved under a condition to the development approval that reads as'followsi " `",Prior to any development permits being issued for'the Primary Building,'Accessory or Access Envelopes, a mitigation plan shall be submitted that shows the area of disturbed slope, any regrading ` ` required and the exact size and location of all mitfga'tionLLd'evices.' Ahy new development shall be conditioned upon compliance with this report." A described above, there are some small areas within the proposed envelopes of a minor slope anomaly that exceed 90%. These areas make up less than 1% of'the total area within the proposed envelopes. Ordinance #26-26`03 of the Board of County " Commissioners allows for development on slopes in excess of 30dIo where a minor slope anomaly exists. ""Minor slope anomaly" is defined as a minor natural or'man- made change in the gradient of a continuous slope. Based ori`the`slope analy"sis,'we blieve that the small areas of steep slopes fit this definition of "minor slope anomaly". As such, 'we are proposing that development within the envelopes be approved under a condition'"to the develo meet a '' p pproval that reads as follows: ".prior to any development permits being issued for the Development Envelope or Access Envelope, an Engineer or Geologist licensed in the State of Colorado shall demonstrate that tfie ground surface iri`the areas of slopes greater than 30% are not prone to ihstability or failure grid that the proposed development will not cause greater'instabilfty or increase the potential for slope failure." The applicant is desirous of constructing a detached CDU as a part of asingle-family residence. development on the property. Attached as page 4 of A7-fACHMENT 7 is a preliminary site plan, floor plans and elevation plans for the CDIj`:``The CDU wilt be located on'the east side of the P pm9ry Building Eg veplp ox matel~ll consist of a living area kitchenette bath and slee m area totalin a y 1,000 square-feet. As required by the Pre-Application Conference Summary, further attached is a list of all adjacent property owners and mineral estate owners (AT1'ACHIl1ENT 3). PARCEL ID 82'465-283-01 LOPMEM PElFMIT,'CD(117Ei~UEST ~.... ~. ..:; 'Page`s„" ,---, COMPLIANCE WITH GENERAL STANDARDS AND CRITERIA FOR SPECIAL REVIEW Listed below in italics .are the General Standards and Criteria set forth Subsection 3- 210-020 of the Pitkin County Land Use Code. Underneath each listing is a response that we feel signifies compliance of the proposed development with the standards and criteria set forth: A. The special review use shall consider the applicable County Master Plan. The applicable master plan for this portion of Pitkin County is the Down Vallev Comprehensive Plan. The property is located within the Emma Planning Area and is designated for "Rural Residential" use by the plan. This designation is applied to private land that is rural in character, has visual quality, is environmentally sensitive and is distant from public utilities. The community goal of this designation is to preserve the rural character of these lands by enhancing visual quality, agricultural operations and wildlife habitat while permitting isolated, carefully sited, low-density residential development that is consistent with the existing zone districts. The proposed special use conforms to the development guidelines set forth for the Rural Residential land use designation as follows: • It is designed to minimize the disruption of land from its natural state by clustering the buildings within the Primary Building Envelope; • It does not impact or interfere with off-site agricultural activities; • It minimizes visual impacts by proposing cone-story structure that is below the topographic ridgelines and does not rely on large landforms or manmade visual barriers to shield its appearance; 8. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Article Z. 2-10 COMMUNITY BALANCE. The proposed development will conserve and protect the natural environment and its resources to the greatest extent possible and is in balance with residential, commercial and tourist accommodations. 2-30 CONFORMANCE WITH THE ADOPTED COMPREHENSIVE PLAN. The proposed special review use is in conformance with the adopted comprehensive plan (see "A" above). 2-40 GROWTH RATE: PHASING OF SERVICES AND FACILITIES. This application complies with the County growth rate as it seeks approval for a special review use on a parcel already approved for development and exempt from the Growth Management Quota System. Utility services are available to the property (see below). 2-50 DEVELOPMENT OR EXPANSION OF SKI AREAS. Not applicable to this development proposal. 2-60 COMPATIBILITY WITH EXISTING ADJACENT NEIGHBORHOODS. The applicant feels that the proposed special use is compatible with the surrounding Page 6 MINOR AMENDMENT TO A DEVELOPMENT PERMIT CDU REQUEST PARCEL ID #2465-283-01-005 +, neighborhood, which is single-family residential development and accessory uses on parcels of 35-acres or greater. Adjacert property oivhers"and mineral estate ~. , ,. owners, and the Sopris Mountain Ranch Homeowners will be'hotified oP`this" proposal as a part of the approval process. 2-70 CONFORMANCE WTTH OTHER LAWS. The proposed development is in compliance with al! State and Federal laws: 2-8'0 NATURAL AND MAN-MADE HAZAhD AND"'RESOURCE'AREAS: The property has undergone a 1041 Hazard Review for placement of the approved building envelope ehsuring that deve~opmeht will be located outside of known environmental and man-made hazards (See ATTACHMENT 6)'. ' ` 2-90 SOIL, SURFICIAL GEOLOGkCAL CHARACTERTS`TTC-0S A1~YS~iF%CbY"AT`iO~N:" As determined through the 1041 Hazard Review, the building''envelopedoes not contain areas subject to radiatiorrand geologic hazards. 2-100 DRAINAGE. The site plan proposed wilhbe designed fo ensure that any natural drainages and the runoff from the site will not be sigriificahtly a'(tered or increased. 2-110 EROSION. All areas disturbed 6y construction will be revegetated to prevent ero'§ion and new utility instalTafions needed"to serve the development will be placed underground. 2-120 SCENIC QUALITY. It is recognized and appreciated by the Applicant that retention of site design h he scenic quality of'the area is an important~goa'I o1= tie County. '"The as aid ' p attention to potential visual impact by atfempting to cluster the structures and reduce the building heig'fit of the'CDU. 70 this end; the design will utilize: • Existing topography and vegetation to screen buildings • Inrfovative°architectural techniques • Use of natural building materials-and colors ` • Use of non-reflective building materials • Height and bulk designed to avoid visibility from public access • Exterior lighting consistent with Tighting regulations • No facade or landscape lighting visible from public access 2-130 AIR QUALITY. The proposed deveopment'w'il~ riot degrade air"qualify and does not con Federal, State or Countyeregulationsct source of air pollution under applicable 2-140 WATER RESOURCES IMPACT The applicant believes that the proposed CDU wilt have a neg~igitile effecf'on"water quality as the building' envelope is geographically removed from any streams in the area. 2-150 NOISE. The proposed special review use is of residential character and therefore would not adversely impact commuhity noise levels., , 2-160 WILDLIFE MANAGEMENT. Critical wildlife habitat is not identified on the parcel by the 1041 mapping at the Community bevelopment Department. " PARCEL ID #2465-283-0Y-006 2-170 ADEQUATE PROVISION FOR WATER NEEDS. The applicant has already placed a working well on the property that provides up to fifteen gallons per minute (gpm). Fifteen gpm is more than sufficient to supply water to a single- family residence and a CDU. 2-180 SEWAGE TREATMENT. The applicant proposes to use a standard Individual Sewage Disposal System (ISDS) to treat sewage. The ISDS will be sized appropriately to service both the single-family residence and the CDU. 2-190 IMPACTS ON ROAD SYSTEM. A public road known as West Sopris Creek Road is used to gain access to the property. West Sopris Creek Road (County Road #6) appears to conform to the standards of a Class IV Rural Access Road capable of carrying 250 - 750 vehicles per day. According to the guidelines for trip generation rates in Section 4.01 of the Pitkin County Assets Management Plan, The addition of one residence and accessory uses could generate up to 20 vehicles per day (10 vehicles per day for the single-family residence and 10 vehicles per day for the CDU). West Sopris Road currently services about 60 developed single-family lots. This works out to about 600 vehicles per day. Therefore, West Sopris Creek Road has sufficient capacity to accommodate for this increase in traffic. 2-200 ROAD DESIGN AND CONSTRUCTION. The applicant will receive a Driveway Access Permit for the property prior to construction of the driveway to the building envelopes (see ATTACHMENT 7). County driveway standards are sufficient for accessing up to three dwelling units. 2-210 LOGICAL EXTENSION OF UTILITIES. Holy Cross Electric and Qwest lines are located adjacent to the property along West Sopris Creek Road, and can be buried to the building envelopes. 2-220 IMPACT ON TAXES AND MANAGEMENT OF NECESSARY SERVICES AND FACILITIES. The proposed development will not have any adverse impacts on the quality of services, public facilities or programs. 2-230 TRANSPORTATION. The property is contained within the boundaries of the Roaring Fork Transportation Authority (RFTA). However, RFTA routes do not currently provide direct service to the property. The nearest bus stop is located at the intersection of State Highway 82 and Two Rivers Road, approximately 5.4 miles from the property. 2-240 COMPATIBILITY WITH AGRICULTURAL LANDS AND OPERATIONS. The property does not contain agricultural lands but is within close proximity to agricultural lands. The nearest agricultural lands are located at the Sopris Mountain Ranch, south of West Sopris Creek Road and adjacent to the parcel. These operations are maintained and operated by the Sopris Mountain Ranch Property Owners Association. Uses on the property will not impact the economic viability, operations, or preservation of agricultural lands and in fact will support it through membership in the Sopris Mountain Ranch Property Owners Association. 2-250 COMPATIBILITY WITH HISTORICAL AND ARCHEOLOGICAL RESOURCES. The property does not contain any known historical or archeological resources. Page 8 MINOR AMENDMENT TO A DEVELOPMENT PERMIT, CDU REQUEST PARCEL ID #2465-283-01-005 ~"~, 2-260 HOUSING. The applicant understands that a CDU cannot be considered as he w ements of the code with res e t tof restred'n Fie nDa ~ i`I~ abide by the `" q ~ p g individuals are employed in the community as determined by current housing guidelines. 2-270 ENERGY CON$ERVATIOlN.~~7he applicant is desirous"of utilizing `" ' " alternative sources of energy for the proposed developmeht. ' In particular, photovoltaic and/or,geo-thermal. technology may be used to help power and heat the residence. In addition, the design of the sfructu'res will"take particular care to . " utiliZ@ the passive solar and windsheltering attributes of the site: " 2-280 COMPATIBILITY WITH PIDBLIC LANDS. This policy is riot applicable to this application. 2-290 ACCESS TO PUBLIC LAND5. Although adjacent to public lands, the ` ' property does not currently contain public access ways to these lands. Access to ' public lands is provided in close proximity at the Crown Mountain and'Dinkle'L'alie areas just west of the property. 2-300 PRIVATE LAND SURROUfV~bED BYPi16LT~"LXSIVDS~I/INYXbLtiII~'~5).' ` This policy is not applicable to this application. C. The special review use shall be consistent with the. intent of the Zone District in which it is proposed to be located: The .property is located within the RS 30 PUD {Resource District, one unit per 30 ...... ." ....>a ~~, ~. acres, Planned Unit ~evelopment)`Zone District. The intent'of this' zone district is to permit low, density, single family residential development and customary accesso uses while reco n¢m natural hazards wildlife are service, oads or schools, and other facilities that may constit'as, limited utility ute a constraint"' precluding r~ealizatioh of zoned dehsity. The proposed special review use and associated 1041 Hazard ,Review a royal coin lies with them M" y pp p s tent of the zone district by limiting development to +/- 6-acres of designated tiuildmg envelopes`on the 35-acre property `that is removed from critical wildlife habitat. D. The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for deve/opment ahdsurrobndmg%arid uses, nor shall of ~e par el proposed fo~ developmenruses and activities in the immediate vichty The applicant believes that the proposed use is compatible with the uses and activities inahe immediate vicinity of the property. the properties in this area are low m density, being at least 35-acres is size. In addition, the development is being'situated in a sheltered bowl in the center of tfie parcel, providing a significant buffer betweeri adjacent lots. E. The location, size, design and operating characteristics of the proposed speciai review use must be in harmony with the surrounding`area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular crculatio"n, traffic generation, parking, trash, service delivery, air/water pollution of other impacts on natural resources, noise, vibrations and odor oh surrounding properties. a .~ ...".., ... ~ . ,,_,- ~- MINOR AMENDMENT TO A DEVELOPMENT PERMIT, CDU REQIYEST ~ ' ~°"" '" ' ` ' '"" 4"' `"_ Pe "e'g "` '' PARCEL ID M2488-283-D1-005 8 ,--; The applicant feels that the proposed special review use is in harmony with the surrounding area as it provides a design approach that fits well with the rural character of the site. This design approach will be no more impactive to the visual impacts, pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water pollution, natural resources, noise, vibration or odor experienced by surrounding properties than would a conventional single-family residence. F. There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services; hospital and medical services, drainage systems, and schools. Public facilities and services are adequate to the site as evidenced by the adequate provision of these services to surrounding residential properties. The proposed special review use will not require any additional public facilities or services other than that would be required by a conventional, single-family home. G. An application for special review must demonstrate to the Board of County Commissioners that the proposed development will not: 1. Materially endanger the public health, safety or welfare; and 2. Substantially injure the value of adjoining or abutting property (Ord. 021-2000 (part). No endangerment of the public health, safety or welfare will result from the implementation of this proposed special review use. Because the siting and design of the proposed special review is sensitive to avoiding or mitigating potential impacts to surrounding property, no substantial injury to the value of these properties should occur. In addition to showing compliance with general standards and criteria for special review, the CDU application must also show compliance with the conditions and limitations set forth in Subsection 9-110-041(C) of the Land Use Code: The floor area of the caretaker unit shall be included in the total floor area for the lot or parcel of land. The applicant agrees to include the CDU floor area as a part of the overall Floor area calculations for the development. p~'n ipal dwell Pg u ~t and one off-street parking spacerfoa ea~h bed oomtin, thee caretaker unit. The overall development proposal calls for 5-bedrooms within the primary residence and 2-bedrooms within the CDU, for a total of 7 bedrooms. The east) 5 parking spaces outsideeoflthe(ga age and foCr an add t onal 2 park ng t spaces within the garage, for a total of 7 parking spaces on the property. Page 10 MINOR AMENDMENT TD A DEVELOPMENT PERMIT, CDU REQUEST PARCEL tD #2465-2&?-01-005 ~""' The applicant shall by deed restriction or other permanent commitment running with Ehe land, guarantee that the caretaker unit shall not be required to be rented; not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownershi of the caretaker unlt• be limited to occupancy by P not more than two (2) adults, and related children, who qualify as (and have been found by the Housing Authority to be) employees of the community under such mdelines as ma be from time to Gme established b said Authori g y ~ y wel/in ' be rented for O g unit m'ay be terms not less than six 6 months if rented. The caretaker d occupied by members of the immediate family (as defined in Section 8-OZ), eveh though they may not qualify as employees of the community. The applicant agrees to enter into a deed restriction, as developed by the Housing Authority, to guarantee the conditions cited above., The caretaker dwelling. unit restriction maybe removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified; the remaining improvements must no longer be capable of occupancy as a Dwelling Unit and must meet otherwise applicable Code requirements: The applicant understands the process and conditions required to remove the deed restriction from the CDU. We believe that this CDU request faithfully adheres to the goals and requiremehts of the Code; and the intent of the comprehensive plan. We also feel that the proposal is in compliance with the general standards and criteria for special review and in agreement with the, conditions set forth for approval of a caretaker dwelling unit. The develo m~nt does spot si nificanPtl im act tfie uses on ad'acgnt 'ro'"ernes P he P 9 Y~ P J P p communlt or the rovision of ublic facilities qr services re cared. We ho a `that the Director pf Community Development will concur and approve this request for special review use as submitted. SUMMARY request should Based on the information submitted in this letter, we believe that this be approved as it does not affect the degree of compliance with Code stahdard§, is being made to a recorded set of development approvals, and is consistent with the representations made during the original review of this property for development. Thank you for considering this request. If you have any questiohs qr requests for additional information, please contact me at 927-4645 or tomnCilsonrs.net. Sincerely, Newland, Newland Project Resources, Inc. MINOR AMENDMEM TO A DEVELOPMENT PERMIT, CDU REQUEST " Page 11 PARCEL ID M2465~283-01-005 ATTACHMENTS ATTACHMENT 1; Pre-application Conference Summary ATTACHMENT 2: Owners Consent to Represent ATTACHMENT 3: Disclosure and Proof of Ownership, Liet of Adjacent Property Owners ATTACHMENT 4: Address, Legaf Description and Vicinity Map ATTACHMENT 5: Pitkin County Community Develoomerit Ag~eement for P~merit'oftand Use Apotica"'ion ~ees~" ~~ ` ` ~ ~"" ATTACHMENT 6: Previous Land_ Use. Approvals .. , ATTACHMENT 7: Maps: Existing Conditions Slope Analysis Proposed D'e'velopment Envelopes CDU Site Plan, Floor Plans and Elevations Proposed Access Road Plan and Profile ATTACHMENT 8: Draft Amended 104E Hazard "Review` Site Phan MINOR AMENpMENI"TO ii DEVELOPMEM PEF3MR; CDU REt~UEST Page 12 PARCEL ID #2465-283-01-005 r. S- ~, ATTACHMENTI Pre-Application Conference Summary Sheet PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY - DATE_ PLANNER: Michael,ICraemer : 5-2-06 .. ,::.. PHONE: 420-5482 E-MAIL: michaelk(a7co.nrtkin.co.us ` ZONE: RS-30 PUD p ' _ 005 LOCATION: So ns Mountain Ranch, Lot 52 PARCEL ID #: 2465-283-O1- OWNER/APPLICANT: Cornelius Dupre PHONE: 6 REPRESENTATIVE: Tom Newland 18-9922 EMAIL: tome@sopris.net ~ ' Type of Application: Minor Amendment to a Developmenf Permit and. special review for a CDU Description of Project/Development: Applicant des'ves to amend a 1041 Hazard Review,approvedbullding envelope on Lot 52 Sopris Mountain Ranch to avoid breaking a ridgeline,. The Applicant also desires to establish an accessory building envelope and access to said envelope to construct ati agricultural building. The access will be a corridor from the main residentialbuildin envelo a to the accesso buildin etivelo e. The A licant also seeks special review approval for a CDIJ. g P TY g p pp' A site visit was conducted on March 15`", 2006 to view story poles for the'proposed amended building envelope. The story poles were at a height of 33' feet and stll,protmded above the ridgeline: `Cfe Applicant will need to amend the building envelope to adjust for this issue'or lower the height of the residence so that it does not break a ridgeline as viewed from, West-Sopris Creek Road. Pitkin County Land Use Code;., • Subsec. 3-200-080 Minor Amendment to a Development Permit. • Subsec. 3-80-050(C): Geologic Hazard Areas: (Slopes in excess of 30%) • Subsec. 3-210-020; Special Review: General Standards and Criteria • Subsec. 9-110-041(C): CMQS Exemption for Caretaker Dwelling Unit Review By: Community Development Director Public Hearing? No. The applicant shall mail notice to all adjacent property owners of the Land Use Application being proposed with the. return addtegs of the Community Development Department (copy of the notice to be obtained from,the Community Development Deparnnent). The names and addresses shall be those on the current tax records of Pitkin County as they appear no more than 60 days prior to the date of the public hearing. Staff Wi11,Refer Application To: Basali Fire, Sopris Mountain Ranch HOA. FEE: $1 44* (make check payable to "Pitkin CotintyTreasdrer"). The Fee includes: -- A $1,344 Planning flat fee (which isnon-refundable and based on 6 hours of staff time; if staff review time exceeds 7.2 hours, the applicant will be chazged for time in excess of 6 hours at a rate df $224 per hour). To apply, submit the Fee. specified above and 3 copl¢s of each. of the following documents (unless otherwise specified): __ . . _. ~ .......,- -.~~.,- ,~, , ~....,M, ~..,~, MINOR AMEIJDMENT TO A DEVELOPMENT PERMIT, CDU REQUEST ~ 'Page PARCEL ID A3465-283!11-005 - - ~ ` ~ ' .. ~"" ' ., , . r • isions of the Pitkin County l . Letter of request descnbing the ~mposal and addressmo m detail each of the umv Land Use Code identified above, suf~icietitTo ~emonstra't"e that all substantzye review crnena have been met; ,~. . ,.,~ ~. . ,.. w, 2. Original and recorded 24" x 36" 1041. Hazard Review Site Plan; 3. Any previously recorded resolutions or determinations 4. Drag 24" x 36" Amended 1041 Hazard Review Sue Plan (paper, not mylar) prepared in accordance with the N~ , ,~~ ~ ~ .,~,„w. - ,. requirements of 5-70-040 identifying the proposedbu~ldmg anvelope'and access; 5. Disclosure and proof of ownership of the property complying with Subsec. 5-70-020(D) (l copy); 6. Street ac)dress and pamel description; including legal description, and 8-1/2"x 11" vicinity'map locafing the subject property within Pitkin County; 7. ExecutedPitkin County Community Development Agreement for Payment of Land Use Application Fees PY); _ _ _. 9. Thris PreaApplic t on Confere a Summary Sheete owners (] copy); and NOTES: - PLEASE SUBMIT ONE UNBOUND ANDUN~-J1U6,UtUt'Y ur rvutc t,vlnr~c~r ,.., APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL 7tEMAINIIVC~ ~,x ~. n, COPIES OF YOUR APPLI ~ (1'~' P~SS~YBLE) ~~ ALL 24 " x 3`6~" ~5~3'I'~`'P~41~S CATION IV[vut tau a r •" ~. ~: ;- na t*k ~w + ~ .n4:~x w atx :~F-$.~.xY x r ~ t 4 k. %zN. '. r ~" %i .. ~. i~ ~.. DOCCIMENTSINCLUbED IN`YO~'1t ApPLIC"~'T3"Ol~ , ,., ~ .„ ,. ~ E .~ - The Pitkin Cocenty Land Use'Code is available on-line at wtv~w.`asoenpitkia com This Pre Application Conference Summary Sheet is advisory in nature and not binding on the County. The information provided in this Summary Sheet is based on current zoning standards and .. the staff's interpretations based upon representations of the applicant. Additional information may be required upon acomp/ete review of the applicatioh and site visit(s). MINOR / PARCEL Page 34 ~ ,.. o.. ATTACHMENT2 Consent from the owner of the property for the representative named above to process the application and'represent ttie owner CDU REZIUEST i ~, Cornelius Dupre 319 N. Post Oak Lane Houston, Texas 77024 March 20, 2006 Mr. Michael Craemer, Planner Community Development Department 130 South Galena Street Aspen; CO 81611 RE: PERMISS7OIV TO REPRESENT Dear Michael; Please consider this letter as authorization for Tom Newland of Newland Project Resources, Inc. to represent me in the processing of my application fora 1041 hazard review amendment. Mi-. Newland is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any assistance, please do not hesitate to contact me. Sincerely, .were ~` ~Comelus Dupre ~ Lot 52, Sopris Mountain Ranch ._ .__ v ~_ ,._.. . _._. ,,,, ' ', ATTACHMENT3 Disclosure and proof of ownership of the property complying with Subsec. 5-70-020(D) and List of Adjacent Property and Mineral Rights Owners MINOR AMENDMENT TOA DEVELOPMENT PERMIT, CDUR~(?UES7 ~ Page 17 ~~~ PARCEL ID k2465-283-01-005 __ ---~ From land Tifle {M67) tNed Mar S 24:32:03 20Qfi Page 1 ofi 4• L1'G Pallry tin. LTF+L387I59 j Our Order \p. Q3R7I59 ticheKitile ,~, .lmaunt y~ti00, 000.00 Praperty~~ddress: TC3l7;,t'6~TSTCnPRLCCRi"1'TiRDT3A~ILT<'<)Ri621 1. TolicV i)ate: .January 09; _"906 at 5:00 P. if. 2. dame of Insured: CORti E7.dI'S Dl: `l'ILF;' 11 aril ('TsIXA 1-IICICF:T30T,1~3 ,t, 'I'lae estate pt interest in tpe land dtyenhui or ref~rr4yl to m this Sehedale and tr hieh as rovr,rui lap Chis laohat is. .., ._. t. • <,.,-w.. .era«W,•_ .. o-9:vtF1 .. ~du. ax?~~u.-r._-e s..w f1 E'ee SUnplc q. 75t1e to the. es[aY@ qr Snterest racered by this twliry at t3we dai's` hereutls ves'aci tit: tt)R,ti~I?I,T[.i$ I)L,TRF' R and C7+..I,IA IIICKIaAI3CYIAyY 5. '1'hr land referred lq in this Iroliry is <icsrriix.~ as f'gllgws: S1;F, ,",'PYAC'IIRi) PeN(;F,fS) FOR IRX>AI_ I')ESCRII'ITQ 'this Police valid only if Schedtilr 13 is attanc~d- land: Title Guxrdntee (`antpany Representing Old liepublir tiatianal Title Insurance ('vmpany _.... ;~: - ~„ ,~ v: i ~. J'G ... ( Lr'~'I From land Title (ARA7} ~ ttiei3 Ma- 8 74',2:03 200G .ate. Page 2 of 4 L:'1'GC'nilcy:VO: I,TT+LiR7159 Our Order \n. Q387154 LSa4LDF~i1CN PARC'E;3., ti(). 52, SOPRIfi :1IOi.'tiTAL\ kA\CH, AS SI-I()C#'ti OV 1'HF, 29~fI H.1'l,;#I21) I21iM1%TF:61' A\'I) I..UT I.Li"E ;1I),I[.'S'1:M11E:'\'1'I'LA'I' IZF.C'URL)E~t) ,7.1tii'ARS` 2Y, 7943 S`T'L.A3 B()tJK 30 A 1'PAGE 58 ANll BIUIZE PAT2'dTC'I?LAHL]` I)ESt"I2L23kT7 ;1S FOL7,,t7WS: A I?4RC`T7.: ()F 1,:1.1'7) 231Irtit; P:)IYI' UFI,OT 9 tiEC'"RO\ 19, 7X)'1' S, SF (:"ITOI+:S 28 Atii) I?122T C)F TTtACT 77, 78 AtiD 79, TOSS':ti'S17IF' 8 SUI,"17I, RAti(:F: !i7 #LTST OF"fFl7; !'I'II I'I21NC`IYAL M1'CI~:RiI>T.#N. S:1I7J'3'AR(','E1. LS M1iURF. FL'I.;I,i' 7)F;Sf.'R3BEI) A5 F'OLS.USS'S:' 73ECT~ti;fiL'SG AT' A I'C)I\ 1' Si'ITF.ti('E I73F; S()I''f71EA5T C't)721TR UF' SAII) SECTiOti 29 $EAILC S 60 nrr,RFl~.s sa'Sa•T]ov(,.v1FF~T; 'fHF 1C'F S 09 I)E;C:Y2EES 57'S7."5M1' 8~$ 9G 1'F;I::`C't'O `IT:3l:? \{)kT'}I1~72L1` ITl()i~3"d' ()I:F' SVA l" LL~~EUF' TIIE ('OI'\T'F RO:lI7: TIII':M1f..'E ti 79 Dt~(zRti7S 02'00'T? 681.G5 F'LTi'I'.II.C)ti ( S;1II) ]2IGTIT' OF a;11' T:LVr: TFTF'1'l:'E 128 30 1'TTi'I' :SLUti t; %\ C:T.'RST' TU TZIF- I.TFf IIAM1"I~ C; .4 li:117IL'5' nF 22h~.6S FI?.F;T' ALUNC; 5.471:) IYI(sH'd" OF S4`:~1' L.I1T,; 'IT-IF:ti C'E Y 4~ I)7sC1t;ES 43'OCt'T ;15.43 1'F;F;"f AI,U\G 5.137) SiIG73'C OF M14A3.' I:7?*i F; ft7E\CF 128.99 FE;F:T' 4i UtiG:1 (:t'72vE TU TT1E RICIIT IIAM1'TtiC:4 R1I)Ii'S OF 405.49"FF3T;T AI.OtiG SAID K1C:FITUFWAS` 73N1; T71L'.V('7s ti G'x DP'GRF FS 51'QO'T: 12F. 59 FLT'f AI:OtiG SAID RIC:i1T OF SS'Al' I.I.tiE; TT3E~C;F 1.81.10 FEET AL()'VG.1 ('I72Vf?~~'1'tl 'TI7}" 7,.I?"F'f]7At7tiC;:1 TL17)Tt".S''UF 182.60 FT;1:'C... AI,OtiG SAID RTGIITUP 4S'AI' LLtiF,; TI3k\CE. N (i7,00 FF;ET'AZ,()'tiG SATD'72T(:II'f VF t!`~Sl' l.1\E:; "17-7F 1C;P;.:Ai4.y6 FIT'T ALU!fiG A C'77tM1"F„'TO TTIE R]GT17` 374M1'I\{, A R,#I)IL'$ OF ~2'83.t3(i F'.Ek:1". AL,UNG IZIGITC OIL V4',lI' LLYE; 'f7lL1C.T ?\ 3Y 77F:GIZ7?.F'S 58'00' E 19x.76 FEET: 47_U\C. SAID RIGHT' 4)F' #M1<1Y I1YIs; 7T7Eti(T3 315.3 ~ Fli3;T ,1LU'~ G ,1 Ct `RV h; T`U "ITiH RTGI'1T' IIA M1Tr (';"A K47)IT`~ UF' 252.2~'k EFY AI.,O.~ G 5All) RIGHT' ()F' Ly.11' LL1L;. ~ . T'F3E:v'CE 5 76 nI.GREFS 32'00'T; 22fi.92 F"F;F:1` AI.()tiG"SASI) I2TGIi'T' UF" lt'Ai" I.L~F:; 'IT7E~CT's 213 i5 FB;Li'T':11.,OtiC;:1 (.'7'R'1'F, TU TT3F: I;F1~'I" 11.4VLlC: ,, g,IIjIL:S OF 39~.971'L1iT' .A3..C).ti (:; SAII:) RTGTIT OF \5;11' 7,I`v E; . ~ ~ :. ~ ". ~. ;:.. THENi'E \ SAO I)7'sC.RF:F:+ 13'02"55' 233.8G :E'F:ET; TT3EtiCT ti O2 DEC;R$I?S 38'48"15' 450.54 FT:liT'~ `ITIxtiC'.E\81I)r6?127FS99'DO"LS'731.SS.N'FETAI,U\<;7:.ItiEY-2C)F SAIDTRaCT`78TUAP2 (.)F SA.tD'1Tt.4C.'I' 7$;TT-IY tiCF: SOT'TI3 0013TLRI:ES OY°00' T A5'I'38~. SS ~FEE1'ALU'.VC:.I..ltiY:.' 2=3 OF 5 ATI) TTt4C"T' 78t TTIE\CT ti 79 I)EC:REL'S «G'4~T'M1ti' 202.68 FFTT; TFIE'fiCT3 ~ 45 7)EG'RE$S 15'42^Sb'?R9.72 FTiTi"I': 'IT-TE~ ('P; S 02 I)F,GREES 42' 33"E 317.35 F'F7iT'; 'IT3F~VCF; 5 80 1)F:GRFFC 4fi'Ol'"45' 589 U1 FI;IiT F(Y '1T17:'1'()Il"f C)T~ 13,73GLti1T.'ti C;. (JC)t.`2V T'1 UF'I'1`I'I+'L\, STA'f7? C)F COId)RAI)C3_ ~_ :.,., ... ~ 1`p,,: ~ From land Title {Mti7) Wed M+ar 8 14;32:03 20ti6 Fage 3 of 4 F'nrm Our Order Vp. Q38i f59 Srbedtilc B 'This Yni)ry dues nut insure agtdnst Inns t>r darrra;e br rc~gnn of the, foliow~in;: 1. Right; br claims of ryartirrein ~wsse+s~on not shoNn tDy th"e Iwbltc recnrds. 2 Easements, or rintnn n]' easera~ents, not s7xw~n try the lxil)lir nrnnls. 3. 1)isrmpanctcs, cnril)icts in txnmd.vv lines, shnrta~e in arcie, enci•osu hments, :ernt any facts which ac9i'rect survey aril imperdnn of tta~'}><rnilses »~otild disrlnseanil tt'Ivch are. irut stwtcn b~- tltrpuldt~•. recorc3s.. y •n, g for senices, Iatwr, nr material ttx ntofore or hetvaft<r ftunisFSetl, ImlxDSed by 18vs artd ~. i i shoN~n b}~Qw pnlilic recottils. 5. 1':47;Fti k'OR 200G :+.;1D S[`}3ST?;(1L'k'K"I' 1'E:4RS Otil:.l', !()I' Y"k:~l' 7)i"E All 7?A1':4BI E. (,) : ~7i77ZAC'C A,M1D RF~3l7YT FIT5 ORE 6. RIC:I3T OI PROPRIICPUR N A V}rIti UR I.,ODFs 7'() F TT3ERE['RO>t SIIOt.'LD TIIE $t11TE I3F. POt':\`D 7'U P>uvETRATF OT2 L1TER5"Et T TT1E PRE~IIti1"%ti ' AS RES1R4"ED Ir TihTTF.I> SI'A Ck:S PATE~7' Rig".C`ORDYiD i\ 1;(X?Ii 55 AT,P,IGI;S 42. 3z ' :.,. 49, 69; 160 Ati l) 278. ?. RI(>li'I' C>k YRt)YRIF. Ci)R <)1~ i VI.T\ OR L()DH 7 O P;a IR4C`I' 1\I) Kk 13OY'k I31S ORE TIiERFFRO1f SIIOi'T,D 1'f IF' tAYtI; BE PQI`tiD Tix 1'I''~'F'I'R,ATE OR I\'TI',R.SEfDT TIIF.PkYr'ttI ,~. 4S RIySb:R\ EL)i IN L;\I't`k,D RT:4TFS 1'3T'E\ I'RF("(7a2DFT1 Iti BOt3T{ C~~$°A'1~'~Prfi(il"."16~'~A'.'GD~ . 27N. 8. RI(Uki'I~ A\I) 4'IL"73RAt, RTC;TIT'S 45 RT.STRI'k;I) I\;,i \ITT'7) ~I'A TTS PATF\ IS R1C;ORD77) Tti B(X)I. 1.6_ .4T PAGE 436, BOO2C 16, A7"I .~~C,Ir d~6 :1:4I> L\ BtX)I~ I62 AT'~Y'AUL''; F24: ' ' E\ TT•RES7' AS til{T F<?RT'II Lti I`i'STRC:IIE~T' 9. ~;C)RI)1•U DECE\3L3LR 31, 9~6 ri O'fil)()ti 17$ AT Y'A(;I? -13G;... I0. RESERVA 1T0.\'S C)F :ti3L\EF2A.i, RU] ~1T.27' I\ T7~72T'S'T;S A]'1'RARIht; T\ P,C)OIi i7R A1" PA(;F; 436 A ~T) I\' liCJt)Ii 193 .iT` i'rGE,.479. ii. RL'r+T7,2IC°TTJk: C'OVb\A\'T'S, 10T1T(:IT DUAUi' CONTAL'\ A FL)Iil T TI'[ T21~. CN2 Ri,VF;RL7~t CI,AI;b'E, BT'T Oi41I'1'1T~'t; A;VI' (`t)'t'I?tiA.\ I'S C)R Rk tRTC 27OA4 R 4\I' 8+.4F;D"i'Pl)*v TL4C'L, COLOR, 12k;LI4Z0~, SIvY, SE~t'AL ORif:'1'T:A'TTO\. FAyYtT I3Y'y`T~Tt"3.:[3;aRTf4T: \"I,ATL?S, DT5:1.~3IT.'II°k', IY4tiT)ICAP, ~A17C$1.AI. C)RIC`T1, .i1(:'T~;S'I'RY', C)I2~SgI'RCEt7F ~. L\CO;I~ffi> iS`~I:?; Y'FORTHi',VAI'PLIC.'ABLEST:1`d73nR7'EI)I:I2:AI,I?.YtS,I!CCtiI''I'TOTI'71. f~t'I'Nti1` TII4T S;?:II7 C t)Y"rti11\ T OR RE;tiTRICTtO\ 15 PT:R'ifTC7'I'T) I#Y' AI'I't I('AI3I~T`.I.4W~,15 t Oti'CALtik7) Lti IISTRT :11N^v"T R1iC'ORDE]) DEt "K91F5k~2 5, 19'79 Zti BOC)K3%i0 .AT PACT 244 A'\D~~ST`Rt'A3I?\T R7?CORI)k;i) !ti kStX)K 437 A't" 1'A(,I? 74R A'~D AS A\TF;\'DED L'ti ... v:L.z 1.ry iY:4 ,a .rv-i~..r aY. d~^.F".. Or J ,':, , ,.. ,. 5rc4:F,'~. ~: a. .._.. ..__w.~.. _. ~ .. ,... From Land Title C"Y67) Yted td,ar 8 7.4:37:03 200b p;~ge,'q ~# q ~~ I.,T(, F'olic4• :tin. L'C'L'I387159 ForniAOipRT ." pur Ortier \o. C2337Y59 SehetlWe B l\51RL'!12F,M1T REC_`ORI)F;D L\' BCX)K 551 AT I zIC;E 259 .11'I) A5 AISF,ti27ET7 I'ti I.\STRI'lSE\'T R'FG'ORDED Tti I3CH)K 701 A'I' I'A<Iti 34?, 1TIIICI) .1Y[F.'tiI)\il??v'"1"RIiC"pR7SF;[) Iti BUC~~ 761 :~1T.. ... ". 7?AC:T; 40R rL."PPI..El~iC1TAI: C:"UIE;v,i1'T'S 12F:<"UKI}I:;1) ~"' BOlK 701"-A7"'F.1C'F'~28"A M1.i).~: ,. . RE•REC;t)Rl)Gll I\ I3CX)K 702 el'i PAC~k: 73; A!4'T) AC'Ktipll'LEI)(;,11E'~T RT~L'OI2I)T^.I~`T`.ti`TXCxK 702 A7'PAC>I; ?31. I?OL'RTT3 ~+i111?:til)\t'E"~"T'RECC)12T)'6'"D'l:EB12'(:%'A12S"a, YtJ?7R "4 :'~I)Fw12,... _. _...:. REC.x:F>I7pv tiC). 41323x, FIF77Y Al1Eti ri\--tF,!"f l2ECC7RT)FD 1"~7)T:R RE:Y>C10"v` \,'1`7:`113?a;t;.:... SL1I73'.A;4LL.\AriIE~ I" RECURDhl) 3.1:22"_;Y I9n~ L :"v7)'CR RECFP7T0\" *CC>.-117416, SEVL\'I71 llSF2~.Dh1L\T'REC.'gR1121).CLARC"SI S, t991C T tiY)F:T272F:C'FT>T7C)'V VO JI~33_, 1?T`CL17'27 .. A9SFtip14E?VTREL'.OR'()F.7)F'F;BRL,'AR2' 23, I9997':~T)T"RRI?t7iP7T0\ `tiCj~'427991 fl\7):tiLtil'TI A:tYE'VD!~IF:\7' KI:('()RI)T;I) :411XC'EI 3I, 2004I.'~;DER RF:CTP7'IO\ 'ti O. 49603iD. 1.3. 'IF:RliS, C'ptiI.~TT1U\S ANI) I>Rpl'ISI<)~'S C}F,1R't7C'I.,F S OF I.~C:'URPURITTU\ RECORC)r;t) 11' BUUK 507 AT I?AG73 6R9. I3. 7'ER~'ISS, C'C)\"S:)I7101S A;\Y) I?Rpl'ISIp~'S OI•' BY'-d.;AIVS RF,C'pRDL~) T:'v ITOC)I: Sl)7 AT'PAG7;: 693. ... 14. 77:;R;11S, C'O.\7D1~I70titi A1D 1'I20VISdp\S t)F RI~:SOLI'TIO\ \'C). 91-171 R1CC)RI7'h;,D SEPTTi,IIBER IiS, 1992 LV BOOK'68S ATT>.~C;F 775;. 1.5. r;Ab'1:;t3}?\'IS, RIGFTC'S Ole' W.91' 4til) ;ald, p'ITY7~'R tiSA7'7'k;RS :RS Y)LtiC`LC>?+Y'1) pti 10'Y HAX,4RF) IZEVITsW PLAT t)r Sf;BJI3C:'i' YRUI>IStT"("}TE(.`pTYLYET).):11I',4RY' 2Y, Y99;;`L! I>I',AT I3C)t)1C 30 `.:... A'1' PAGF'. 5R. 16. E15ENIE_1'TS :)fin OF LiNIZaL\~TAZ\"F.D pll2T 71L~1CT5 AS S13pli'~ O\ St:'R't'N.S" DA7'k.;A 5'.wF'I'E:~173ER 20, 200; I3l' SCI7ti~IC'ESF,TT C,C)RI)C)\ :ti'LE;I'T;72 AS,IOR `U. 200:5-495:001. `. ~. )?. A;~l' LCX:S OR I)A1.1AC>F: AS A RE.ST7:.7' OF <:AP AtiI) Ol~7;R1.,1P AREi+,S AS StiU~i~' O\ SL.'I2~'El'. DA'17:~7) SF;f"I'h:.hiIIFR 20, 2005 Bl ';C'A1'iL'E~F:K C,t)7?T)Oti lS'ES"F:R RS ,Tp>3'`ti0. '" . ..:_ :.. 2005-495.001.. PIThS \(?S. 1 T1:iROi'C;SI 3 Uk' 1'f IF; STA:\I)ARD ric"'f."I>7TU\~5 :~12F. IYI?Ii~;~S'S' bE2,1;'IT:D. .,... TT'EA4 \O. 4 OF TYIL: S'I',1tiT)ARDE,YC:"EI>TIptiS IS'T)hT.hIT32)A.*~ I"p AtiY"I:IL+'\S RF.fiL'L'1'L"+G EROA4 ~l'C)RK C)R 1Y~1'I'E:I2GlI. K'U\1'R1CT'L"1) FC)R UIt FL'R\"1.S'IiEb ~AT TT~E T2EQti;EST Ol' ~JA': F'S' M1I. IiARC;C)1 LS T{~:l'(x'ARI.E'1T2i ST Ctio-l/D JL'\E 6,.2t)Ot;...,. _... ._ ... OLI) }XF.FL"BSSC' \:1't'SU\AI,'I'L'I7 F; P.\SC"IL*\CI C'U9-TP.1\1' fiIiAl,l, IL1Vk~ \(7I.SABII,)7'Y' FOR A'VS' T.,1F:\"i ARLSL\G FRO\f ti't7RR UR.13A77"'R1AI,1'i"R`tiYSITF:U AT2T1E Y2Y.(~t;ES'T'`d$Y' " """ CC)RhT~1,IT.'S ])L']?RE' A A\D C7s],lA FITCKE"~I301i1~1;' ,. ,..o.,_.... ..x M.> ., : rs:a::».. xe,. ~hr£sx\".:m~s~~$+ekAaa#Y+. ~?V?N.~c List of Adjacent Property and Mineral Rights Owners Name Parcel Number Mailin Address Bureau of Land Management United States Government 0375County Road 352 Rifle, CO 81650 Mr. Pierre Louis Follari 2465-321-01-003 16 Barney Pk. Irvin ton, NY 10533 Ms. Gale Vagneur Gates 2465-321=01-002 4950 West Sopris Creek Road Basalt, CO 81621 Sopris Mtn:. Ranch HOA, Inc. 2465-321-01-001 P.O. Boz 5486 Snowmas5 Villa e, CO 81615 Mr. James & Ms. Gay F. McGuckin 2465-332-01-003 _.. P:O. Bqx 82578 Albu uer ue, NM 87198-2578 Mr. Paul &'Ms. Lauta J. Sturz 2465-283-01-004 Ridge 6 Autumh e, NY 10578 Pound Rid MINOR AM PARCEL ID a w'~ ,fi ,. ~,. ._ ''~. ATTACMMENT4 Street address and parcel descripfan, including legal'description, and &112"x 11" vianity riiap boating the subject Property within Pitlcin County ADDRESS No address has been designated for the property. The property is located at the 3.8 mile marker of West_ Sopris Creek Road. LEGAL. DESCRIPTION See ATTACHMENT 3 Above. -VICINITY MAP - M/NOR AMENDMFN~TOADEVFI.OPMFMPERMR. CDU REQUEST PARCd ID' 32465-283-01-005 .. Pam is Executed PITKIN COUNTY AGREEMENT FOF ATTACHMENT5 ommunity Development Aq_reement for Payment of Land Use PITKIN COUNTY {hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS; .. n application for (hereinafter, THE PROJECT). 1. APPLICANT has submitted to COUNTY a„ 2. APPLICANT understands and agrees that Pitkin County Ordinance No. Ol I-2005 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 developmem review in I'Itkin County: Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the, public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it Y P PP , , „olved in ma not be ossible at the time of a lication to ascertain the full. extent of the costs my t processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use teview: 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing at present sufficient information, to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Boazd of County Commissioners to make legally required findings for project approval, unless current billings arepaid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideYation of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shallpay a base fee in the amount of $ 1,344.00 which is based on fi hours of staff time, and if actual time spent by staffto 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. PTTHIN COUNTY APPLICANT Cindy Houben, Signature Community Development Director Tom Newland. March 29, 2006 c/o Cornelius Dupre 314 North Post Oak Larte Houston, TX 77024 Effective 5/25/05 ATTACHMENT 7 Maps: Existing Conditions Slope Analysis Proposed Development Envelopes CDU Site Plan, Floor Plans and Elevations -and- ATTACHMENT 8 Draft Amended 1041 Hazard Review Site Plan Are Contain Within the Attached Drawings MINOR AMENDMENT TO A DEVELOPMENT PERMIT, COU REQOES7 Page 22 PARCEL ID 8246x283-01-005 p~,.r ~~"n ~,~~ v~ti~. `~~~ ~ e~~ ' 'li ~. .,,' ./ I~, / I I \ I l .off {'~ , `3. vi ~i 3~ ~ i ~.il k: Y a a", 3S, 3 ~%t I Sa *~k\I ~ ~" C, ~ i I 5 ~~ a? 1 a ~ % ; __ y _ ~ ~ .,' nj Z3 u~ b a ~~ ~~~ `~ ~ ~, ~_ ~~ .~)~ ~~ ' /~ v "~~ ~ ~ ~'_ i ~ asis v s;-t #~ ~; ; ,`~ KM it ~' 4. ;{I ju ~ ': `~ b. ~~''~ - -- s. ~a __ ~:;,. a y ~,. `fV A .. Resolution No., g0'-~/ Page 7 BOARD OF COUNTY COMMZS$IgNERS OP PZTYCIN COUNTY, COL0RA$0~ J Tree. Chairman ,J~ ,.: , =' :~~ Date ' ATTEST: '~~ f ,~ Jaanatt7i` Joi~b`s; " _.._... ,Deputy Couatl+ Clark APPROVE AS TO FORMe APPROVED AS TO CtlNTENTe ~,~ ' ,. ~. ci •-~ jl ~. ~ ' ~~1 , once----- ~: ~ Timothy Whitbitt, •' Buz a Boa han, County Attorney Couaty Planning Director «.~ IIIIII IIIII llllll III~I Ill IIIIII llllll III ~'If' IIII I'll 404884 0!/19/1887,03:10P'RE50LUTION 9 of it It 0.00 D 0.00 N 0.'00 PiTK2N CDUNtY CLERK f---. Resolution No. '`'~7~ Page 6 9) Maintain 100 foot buffer along all creeks. l0) All horse grazing shall be confined to the lower pastures. I1) All utilities shall be buried within roadways. 12) No feeding of big game. 13) No fox/hound events from October 21 - June 21. b. The map dated 6/4/92 indicates the approved building envelopes for all lots covered by this application. 3. Geoloaic• a. No homesites shall encroach onto 30~ slopes. b. The applicants shall be required to implement the following relative to new road #7: 1) All recommendations made by Dr. Nick Lampiris in his letter dated August 14, 1991. C. ~oundary Line Adjg,~tment Conditions: 1. The applicants sh required boundary revised piat shall the issuance of a this application. adjustments are: all revise the deeds to lots which line adjustments. In addition, a be submitted for recordation prior to building permit for lots covered by Lots which require boundary line Lot 6 Lot 24 Lot 13 Lot 25 Lot 16 Lot 40 Lot 17 Lot 41 Lot 18 Lot 45 Lot 19 Lot 46 Lot 20 Lot 47 Lot 22 Lot 52 Lots 2 and 54 shall merge. BPPROVED by the Board at its regular meeting on December 10, 1991. ~ 111111 i!{II 111111 Illll ~~~~ 111111 ~~~~~~ ~~~ ~~~~~ IIII ~~~~ 404694 05/19/1997 03.10P RESOLUTION 8 of 31 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK ~~ Resolution No. 9~-~~ Page 5 the roadway. The ap such fuel breaks ir. State Forest' Sen ~~.,. implemented prior permits for lots constructed road ~7 :ants shall devise a plan for sociation with the Colorado '" ' '"~T`fiiS ~ pl'an 'shall "}~e ~t7ze 'issuance of building ,ceased off of the newly ots 1~=22, 24 &'25)'. C. Each home shall be required to have a sprinkler system. The design of such a system shall be , reviewed.. and approved_by the Fire~District prior to final_appro'val `of a Y~uilding permit. • p nd determined to D. The following lots were ins ected a. , be low`or medium hazard 54, 6, 52, 53, 12, 16, 14, s„Mw, 41, 45, 46, 47, 18, 2~, an 2'1. 'Phese lots shal provide a 10 foot, clearing around t2ie structure glue' a dePe.'nsible space thinning within 30 feet. o! the. structure. The defensible specs thinning shall"- reduce the density o£ the"~i"rish sa'that patches are no more than 10 feet across, and should leave at least 10 feet of space between these patches. 2. W e' .P,u.y. a. Prior to issuance of an building permits, the ~~ ~~ applicants sha~,'1"dev~To a Wildlife Management Plan which shall be incorporated in all development occurring within 'the subdivision. At a minimum, the plan shall address the following 'issues; „,.. a ., ~;.. ~ ,. 1) sh"receptacles and bear- Centralization ,of tra proofing of such areas. .:: 2) Limited hunting with primitive weapons. . v 3) Cattle management. 4) Timing of the construction of the homes on Lots, ~_~ _ 17-22, 24 and 25. ~~ ~ 5) Time limitations on recreational activities~on. ~S1° the upper portion of°'the ranch May'15 tkirotigh .~~~ _ = m June 21. s_ ~ z 6) Future fences, and replacement of existing ~_$ m fences. =~ m e 7) No dogs shall be allowed. ~~ ~~m 8) Maintain native vegetation outside of the -~ building envelopes: ~~ ti ~~ __. .d~ _ ~. ~~,_ ....,. ,k, s .. _..~:.,,. ~,.,rr~ a.,~ ...._ . ,.~ s. r'~ ~~ Resolution No. ~-~~ Page 4 ..u .......wJU «~n..J: W.NYe 11r. ~./ .. a) Brush, debris and non-ornamental vegetation should be removed a minimum 10 foot perimeter around the structures. b) Vegetation thinning and landscaping a minimum of a 30 foot perimeter around the structures built on flat ground (for increased slopes, refer to CSFS Safety Zone chart, page 13 of the Wildfire Safety Guidelines For Rural Homeowners). c) A minimum of a l0 foot tree crown or stand separation within the 30 feet perimeter. d) Pruning all branches from trees within the 30 foot perimeter to a height of 10 feet above the ground and removal of ladder fuels from around trees. e) Trim all branches which extend over the roof eaves and remove branches within 15 feet of the chimney. P) Reduce the density of fuels within a 100 faot perimeter of the structures. 4) Roofing material shall be of anon-combustible material. Only metal, asphalt, the or Class B Certi-Guard (registered brand name) Red Label shakes and shingles utilizing Class B construction techniques (1/2" minimum solid sheathing) or better, shall comply, with this ~ provision. 5) Any additional proposed buildings within the ~ -'- building envelopes shall incorporate wildfire ±~ hazard mitigation measures. ~ ~ 6') The Wildfire Management Plan shall ~. be . ~'" incorporated into the covenants for the ranch .. S's d for the parcels included within this ~jO~nO application. Such covenants shall ensure that; ~o:m the wildfire provisions are adequately o ~ z maintained by the homeowners over time. A copy ~~ m of the revised covenants shall be submitted to m m ' the Planning office prior to issuance of any = v c building permits. ~°:~ B. Fuel breaks shall be incorporated into ail access ~~ m roadways within the subdivision where necessary. ~m The Puel breaks shall be 100 feet on each side of .~ ,. ~ = W ~~ O O • _ ` Resolution No. ~-~~ •~ Page 3 8. No rooflines shall protrude above ridgelines as viewed from the County road right-of-way. 9, The principal structures on the„upper ,Lots ,(numbers 17 through 22, 24 and 25,) shall be l:mlted in size to 10,000 square feet of floor area. Those structures and all other outbuildings or accessory structures on the lot shall be reviewed and approved, prior to issuance`of a buildin ermit b the `Divisacn of Wi1dliPa based on 5 P Y ,, sensitivity to wildlife concerns. 10, Prior t ~ construction ~f the road ~ any home sites served b the new ro°ad Lo£s 17 "lltfirou fi 22, 24 and 25) , the applicants shall submit a complete and comprehensive drainage and erosion control plan to be reviewed and, approved by the County Engineer relative to new road'~7. The County Planning staff""and the E13gineerinq staff may approYe the final plans; however, if a conflict arises between the applicant and the staff, the issue shall ba brought before the BOCC for final resolution. B. ~ o ns: 1 41 Aa~ard Review Conditi j- ~ .i130~•T ~ ~ 1. / ~ 1. Wildfire: z~CNA~~M~ ~~ ~v / ~~ ~ by the following wildfire A e al t " qu' on, each homeowner shall inaaddit re irement and be required to complete a lot specific wildfire state Forest management plan with the_`Cglorado , Service prior to the"issuance of a building permiti (this applies to lots 10,'13, 15; 17, 19, 21, 22, 24, 25, 31, 32, 33,34, 36," 37, 40, 42, 43, 44, 48) . The lot specific plan will'allow',each homeowner to ,, ~, . ,. ~n . sell as accomplish ds as w ~ n _ requirements the f ollowing 1) No vegetative manipulation shall occur outside .. of tkie established activity envelope. All wildfire mitigation which requires vegetativs manipulation must be accommodated within the, activity"eavelgpe as established. 2) None of the building envelopes shall be located, in draws, canyons or on slcpes greater than 30$. 3) All of the structures shall incorporate landscaping with wildfire defensible space considerations as~~IIjjfollows: ff I I'ulI ~~~~I "I"I I~~~I "~~ I~II'I'II"I IIi "I~I'lI) I"I 404544 0S/10/Si~17, 03:10P RESOLUTSON b e1 11.,,E 0. EiD• if' 0 ~ ?1 °m:OE"WPTTNYt! COUNTY CLERK ,-~> Resolution No. Q94-~ Page 2 Submission and Boundazy r°: Line Adjustments with the following conditions o£ approval: - „~~ A, P.onpral submission Conditions: ~Wt~1C3 1. All utilities shall be buried within roadways. `,~' 3 ~ 2. Street names shall be clearly marked. 3. Prior to issuance of any building permits, the applicants shall supply the Sheriff's Department and Fire District with a final subdivision plat. Prior to issuance of any building permits for lots contained in this approval, the applicants shall construct and have an operational l0,OD0 gallon cistern or pond on Lot 14. The final design and construction of the tank or pond shall meet the approval of the Basalt Fire Protection District. The tank shall be buried"and the ground shall be revegetated within one year of the disturbance. 5. Two 10,000 useable gallons of water shall be provided within cisterns, or ponds, and shall be located in Sections 32 and 34. These shall be available for wildfire and structural. fire safety. Each water source shall be clearly marked for emergency purposes. The location, design and construction of these water sources shall be approved by the Colorado State Forest Service Y and Basalt Fire Protection District prior to issuance of ~ any building permits for lots covered by this approval (see Condition #4 above for conditions regarding ~ ~ revegetation). The tank shall be buried and the ground ~ ~ shall be revegetated within one year of the disturbance.' i $ ~mz - 6. Prior to issuance of any building permits for structures = ° Y located off newly constructed Road #7, the road and."- ~5.~+ driveways shall meet County approval. The road shall be" ~~ ~ reviewed by the Fire District and State Forest Service ~~ o ' prior to final approval by the County. The County = m Planning staff and Engineering staff may approve the road ,~~ _ design; however, if any conflicts between the staff and ~"~ applicant arise, the issue shall be referred to the BOCC'..;~ m for Pinal resolution. ~~°~ 7. Twb acres of Lot 54 shall be dedicated to the Fire .tea o District for the purpose of creating afire substation. o ~ ~ A specific plan for the substation and rezoning of the ~~ parcel shall be zeguired by the Fire District prior to = ~ " construction oz approval of the use. ~m o .re RESOLUTION QF THE PZTKIN COUNTY BOARD OF COUNTY COMMISSIONERS ,., ., k ~ .w«..,.,~., m_,.~. m ~w ... . . . ......: APPROVING 1041, GENERAL SUBMISSION AND BOUNDARY LINE ADJUSTMENTS FOR A PORTION OF THE SOPRIS MOUNTAIN RANCIi TRACTS RESOLUTION N0. 9~-~/7/ WHEREAS, on December 10, 1991, the Board of County Commissioners (hereinafter the "BOCC") reviewed the Sopris Mountain Ranch application for 1041 Hazard Review, General Submission. and, Boundary Lina Adjustments for Lots 2 and _54 (non-collectively ~~a parcel 54), 6, 10, ~2, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, L~ 25 31 32 33 3 ~n36 37 40 41 43 44 45 46 47 48 52 and r r r r r r , r r ! r o r r r r 53 of the Sopris Mountain Ranch tracts, which lots are included in the legal description found in Exhibit "A"; and WHEREAS, the Pitkin County Planning and Zoning Commission (hereinafter the "Commission") reviewed the application on September 3,1991 and recommended approval with conditions; and WHEREAS, the applicants represent 31 of the 50 tracts within.., the Sopris Mountain Ranch tracts.; and WHEREAS, the combined application provides the County with the ability to review the cumulative impacts of development on wildlife, wildfire and public services; and NOW, TB~tEFORE, 8E 2T RLStlLVED by the HOCC that they do hereby grant approval to the following Sopris Mountain Ranch tracts {Lots Gfi 35 2 and 54 (non-collectively parcel 54), 6, 10, x,_13, 14, 15, 16, -I 7~---~ ii, 18, 19, 20, 21, 22, 24, 25, 31, 32, 33, 3.47,^536, 37, 40, 41, 43, 44, 45, 46, 47, 48, 52, and 53) for 1041 Hazard Review, General i io~~i~ iai~'ritri iiiii i~i~ i~iui ~iiiii iii ~iiii iui iii 4049G4 0S/19/l907 03.10P RESDLUTION 3' of 11 'R'0:~ "D ~P'00 N 0.0~ PiTKIN COUNTY CLERK ~-1 ATTACHMENT 6 Previous Land Use Approvals MINOR AMENDMENT TO A DEVELOPMENT PERMIT, CDU REQUEST Page 21 PARCEL Ip #2465-283-01-005 To: Michael Kraemer Company: Pitkin County Community Development From: Tom Newland Date: July 28, 2006 Subject: Dupre Minor Amendment to a Development Permit & Special Review for a Caretaker Dwelling Unit (P165-06) No. of Co ies Item Remarks 1 Affidavit of Mailing and Associated Attachments. _ For Submission as required by the Land Use Code If materials received are not listed, please notify us. Transmitted by: ^ First Class Mail ^ Express Mai! a Hand Delivered ^ Pickup ^ U.P.S. ^ Federal Express P.O. Box 4825 ~ BASALT, CO 8162.2 v (970) 927-4645 phone (970) 927-0196 fax r tomnC~sop~is.net NEWLAND ~1~ 4~~~~ I RESOURCES, INC. /~ County of Fitlcin } AFFIDAVIT OF MAILING } ss• PURSUANT TO State of Colorado } PITHIN COUNTY LAND USE CODE SECTION 5-80-010 J `' ~ v T' ~ ~ ' °" tr$" 1G.!'tiF.'Y being or representing an Applicant to the Prtkm County Community Development Department, personally certify that I have complied with the CDU public notice requirements pursuant to Section 5-80-010 J of the Pitkin County Land'Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by Certified U.S. Mail to all owners of property adjacent to the subject property, as indicated on the attached list, on the2$ da of J J~~ , 200 The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please attach copies of the Certified mail receipts. l ~1'~ I~ e~t~ a~ Applicant's name ` SIERRA ROSE BELTRAN Signed before me thiday o~ 200',~y ' WITNESS MY HAND AND OFFICIAL SEAL 10/1 Public's Signature G:\county\admin\forms\cdu affidavit PUBLIC NOTICE x RE: Dupre Minor Amendment to a Development Permit & Special Review for a Caretaker Dwelling Unit (P165-06) NOTICE IS HERESY GIVEN that the Pitkin County Community Development Director will. consider an application submitted by Cornelius Dupre (314 North Post Oak Lane, Houston, TX 77024) requesting approval to build. a detached Caretaker Dwelling Unit. The property is located off West Sopis Creek Road, and is legally described as Lot 52 Sopris Mountain Ranch. The State Parcel Idenfificatioi Number for this propertyis 2465-283-O1-005. For further information contact Mike Kraemer at the Pitkin County Community Development Department, (970) 920-5482. s/Cindy Houben Pitkin County Community Development Director 130 South Galena St, 3'd Floor Aspen, CO 81611 Attention Adiacent Property Owners A property owner receiving this public noticc shall have 30 days from the date the notice was postmarked to object to the approval. Any objections shall be made by sending a letter (post-marked no later than 1.5 days from the date the notice was postmarked) to the Pitkin County Community Development Director, 130 South Galena Street, Aspen, Colorado 81611. Any objections to the development application wil(result in a Board of County Commissioner's public hearing. ,,:. List of Adjacent Property and Mineral Rights Owners Name Parcel Number Mailirr Address Bureau of Land Management United States Government 0375County Road 352 Rit1e, C0 81650 Mc Pierre Louis Follari 2465-321-01-003 16 Barney Pk. Irvin ton, NY 10533 Ms. Gale Vagneur Gates 2465-321-p1-002 4950 WesfSopris Creek Road Basalt, CO $1521 Sopris Mtn. Ranch HOA,lric. 2465-321-01-001 P:O. Box 5486 Snowmass Villa e, CO 81615 Mr. James & Ms. Gay F. McGuckin 2465-332=01-003 P.O Boz 825713 Albu uer ue, NM 87198-2578 Mr. Paul & Ms. Laura J Sturc 2465-283-01-004 6 Autumn Ridge Pound Rid e, NY 10576 MINOR AMENDMENT TOADEVELOPHIENT PERMIT, CDUREQUES7" ~ Page 18 PARCEL Ib' X2465-283-02-005 3 4y~i +~ri"°t ., w GviYI1GI[TN_ITY DEVEL(5~'11~N'Y' ~"~1i'~1C~Ilu~'T_ .,_..._...~. 130 5oiittl~Galeiia'Stre'ef; . „Y „ , . , _. Aspeli, Cotora~o 8 T51 T" ' . --.~ " 52 (970)920- t iifitt~y,..,...... _ ... ............ Pxfkin Co ..'..~:;~ -. ., ,, ., 172 BoaTd~of Ad'~,, ... -.. , : , _., ....:,_. ., -, lustment"' "" _ .,..,,t,~- 159 `County Lan$ T7ae Code ' ~ '' 174 , q - ~F1at Fee ~ '~ 4 ~ ^~e ° "~1 '~ ..162 ~ ~ Zonixig' and.S.Cgii ,...:.,.... ~:. _.~.,„.; . ,.,,,..,.;,;~, 169.- .' Thiblic'Notice'~. ... - .,,1 160 PlannfngEntorcemeirt ~ ' ~ ~ ' 175 Tdearin g Officer , . _ .. ..... _.. ~ '~ s ~'-' :. _..,.,. ~ ..,» a :. ,,.., Referral`~`eesE;",_,.......". .._,,,.,..,...... ,,. .: . ''s. ._,,. 21Q . .Airport .. ,. __. ., ~.... ~.. _ ...-, ., :.i „ _ ~r:~:,j , LT1Cb1 'bouiityaClerk'_ _,... - ;, `'; ~4 211 ' ... 'County Engfn""e€i="...., w.j.; .....,,..~`:,,::.~. G« ~;~ ";:.,~ . "194 ... . Eriv[rbiiirieri"ta"I""~aTtli'"",."~",~_..°`"~"",.....,_._.~w..._: .~~_~.,.t ' 208 " I-Tistoric .. _ . .. . .. ... _,„. '~ ....:..~ , 198 Housing. '.~ . ..... _ - ...',~ . ~ 190 Land Ivlanagerrferit ...~.- .. .. ~ .,-= " 209 Redstone Y~tPC" _ ,. '~ 206 ' ~ `tlVildlife Officer ~ ' ., ., ... ~,. - .,, - .., `" ~.~c~ - .... Building Fecs: , , .. , _ . ~ 170 . .. ..I3oaidofAppeals_....__ ?~ 105 _,.,.., :_,,,,~..,...,.~.,:w;:~:,.:,..w. g : ~.. w ' BitilcTin ~"Permif .,;,„~;<. ', 1'20 T;lectrical Permit ' ' ' " ' 195 Erie`rgy Codeilteyiew ' '' "` 115 Mechanical Permit " "" " 150 PTari Check ' """ "`_ '~ 110 , . "PT"um'Sirig`"Peiiiaii _ '"'""' """`""""""""°" """""`°" ~: ~ "" ..130' ~ . Reirispect3on' "'".`. ":,._~'? 152 AVI'D'Fire 1vlar"sl~ia7.. ~..._,...,, ._._.._ _.........._ .......,. ~ . '158 ~ BFD'Flre"1GlarshaT'.-,_. "..,.., ..,._. ,..., .: .....vM.,.. .:... .. ' ....:::`;3, , . ~, OtherFeesd'~ ~ ~ ~ ',;'i az , _" " 1~ Cod ... ~ ~ " v PZ005"" 185 "_" ' . ~..,.y.N.,.»...~,. `"'1G1"aster`lllan I` "'Park-D'e~icatioii ° "' ""' "+ , IS GTS Requirements ~~ -~ ~ ~ ~ "~ V""' ' ' ' ~" " "~~ ~ 161 i ' I-T9us?z"ig"Impacf"~ee-_, . ..~.~~..._,.~,.:,.,,.,,:~.;, ~ '. n , B1202 Road"impact"k'ee '" " " _ B120$'" "`S'clioofTmjiact F`ee'"-'"" _" " ,T., TOTAL `%''r ;° d ... qR 'i ~ ~ ' NAME _ r ~~ ~ "' ~~ ~~ ~` s'w~(''~V'.. a~ ~"~~ Y a ~.! ~ - .~, - } ~ , ADbFt);SS7P OJl:C7` ` ~°"l.~l $~ ~" ~~~ /~€"` P ^'~° 3fw. r " "~"~ , ~ PI-TONE ~~ . g a a w a, '"'S`'' "CASE/PE13Yi~11Ti1." ' DATE:' ' ^~~ "-,. ,d a ~'_ TNITTAL' .'"""" -, „„~~ . ,i' ;1_ ktr wsix~-.+iemM+ac++.wwun. •.~ .... ...,~ae5i ~. 6 n N ~4... ran C~ S~ L/~ ,y rV~ Z J ~/~ w/ W N r- 0 r ~'~'y 1~ W Z ~~ U O J U ~¢b ZW ~ ~_ a~ da ~ yam. O~ J Z b V ~, h" m I i~ I I K i.. 1~~ ;P~ < ~; 1[J s~ Q ~~ `~ ~ N sy~.r ~~ o ~r ." ~3 'r ~ r W '.fltl a rv~ce~ Tr Z ~ ~y~ ~ d ~~ ~ W y' ~ ~~ ~~ ~ 1 S~ 3"~~~ O ' w 9 , z a d~ C ¢ >iS 3ifi~ ~ w F n'lt h c~ ~ b 3 ~~ b'f ~ , . w ~'s~ nw~ c ~ ~ `~'~~~ ~ ~l ~ ~ z a rrryF ~. s 4d ~~~l~a ~ U 9 ~g ,s w ~ rff c' ~, a ~ , s 3 x I ~ ':~ d~ ~` 4 '~ w i, P~ ,: 'a a>~ w ~ ~ :, q , k t K ..-~ °'9 9 ~li° k ~~ ~~ ~1 _ _~.~~ _J.. % ~ ~ r. ~ i ~ ~f~i ~ r__ ~ \ I I ~ ,_~S___~` 1 ~ ~ t i ~ ~' ~Y, o s ~ ' r j~ ~ ' I a I I ~~ ... ] nh+- 1 ~ ~\ ~ Y~ ~~_.~ ~ -;fe rar a cs;taao N ~ ~+~4-4' ~ \i ~ !Y l ~ s g~sr€3 ~ ac ~i ~ Ng 2 He :. I,'s: s ~ K o "^. .C o ~ ;' n._ ..L.-. w ~~ =3!* ~e F ~M I~ ~ ~~~~/~~~~ ~,` '~! . -=.. , I s ~ I ~- ~ J 1L .~~\ 1 µt/~ 1 ~~` I _~'! f~ 1 \ N'i 11 ~ 1 S. 4\\\,\, t \~~ AA ~ ~' \1 1 ~,;, 1I~q~A~~ @ ~~~ ~' ~ni ~i ~~ ~ 1 / ~ ~ f 4 +m vim.. ) .. ~ „ I1 ~ ~~~ ~ ~ ~. ~~ I„m ! ~ ~~~ / .I ( $ ~~ ~, ~, i ~ ~~~ \ \ 4 g ~ 3~a ~ ~~ x~ ~. 3 ~ 9 i.n rf i ~ z.~r, IIl 4~ ~~~ ~a F.~ \ ,y ~ \ P Pt F ~~ N& ~n. a ~\r \~^1w<s L ~ ~ - row \~ m~ a a ~- ~~~ >z ~_-J~ lM `~ \\\ ..Po \`~\ \ 1 ~\y \\ ,... a S \ \~~ \ \ ~\ \ ag 11 \ ~' „o •~ ~ ~ ~ 3r ~ 1\~ \ ~ ~ ~ \ LL ..: ~~ ~ s y \ __> ___~ Vic--'~~ ~.\ ~ I ~ 1 ~ \` ~~ \ / / I11 I S I v~.o ~ ~ _ m \ a I I w~~ _ w ' ~ t 1 ` ' ~ f .. r ~ ~ Ih~ ~ ~ 1` '` I ~ 11 \ \ Z ~ Sl I. ry .y. y ' o ~ > ~ ~ h ~ T ~ ~ ~ ~ ~ ~ .~ ~~t~ ~ I 1" ~" ° d ~ n I 6 t I rr~~ G ` ~ 11 '~ t I W 1 '1 t 1- ~~Ir ~ ~, 1 ~ i~ ~ tv "w ~f J v `~ ~r-r. I..~ .i].__. t ~ ~ 1 ~ ~ .~ VC'I I as ~aY ¢2'^a rl. '[I.IY& WI.I ~~ ~ .: ,i ~ l -J \ 1. m N ~~T.. , ~ ~\ ~ g Jl, ~ an{ I oy~,u n ~u ~~ L v xi x3. u 36 nc rnii7'r, _ ~•<_ _~ Z c~ 1 s ~. pltl ~~.. ear Nr ~ VE U~ &~ ^§. ~ ..~,~I _. ~. '. t d J`~ ~ ~ fl i C \ ~ 4 d ~ r I . , I Y f f~ g 'cwt to - ' ' ~ ~ ~ ° y r_-o ;S n < ~. m ~ M ~-n .W .I nll f` W I ra-~% . ~ ~ ~" a z Ti n ^Jt y a d _.._.. _. .. ._.:,: t...._._..,_..v.. _. _.~,.~.~v_J _ ,: ~ :. f '