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pitkin.planning.246527200006 (2009)
~(~~~J1~I~~~ ~, ~~'~TJ'I' T~I~ ~'~L~ lt/iAI' f3R 1~AY i6iOTi Cf3NT'AEI~' ALA; C1F T~-Ii/ tT~TF'f~RT~2A"I'IE?Fd L~S~'~D ~L+L(3~J II'd TEL p-~f~LL~SFr%FI~`G ~~2gi:+?~ ~~~~tary SEteet ~esalutic~n ~ssr the ~C~~C a~c~/or Peace €lre~i~ax~ce t'dr the ~QCC grad/ar P&Z ~etermsinatnan i'mr the Fdearisa~ ®i~cer A€t~timistrative i2eter~i~aatia~ staff lYAeano App&icati®m Pc~btic liT®tice, Aeceptamce Letter, Refee-rai(s) Letter Site Plate Miscelianeo~s Plat(s) Parcel ID: 2465-27-2-00-006 Application Date: 6/1/09 Case No: P055-09 Description: Planner: Cari Anne Holcomb # Copies: 5 Allocated Hours: 10 Project Address: W SOPRIS CREEK RD, BASALT, CO 81621 % Over Hours: 12 Property Owner: CBI SOPRIS VIEW, LLC Owner's REP: MITCH HAAS REP's Email: mhaas@sopris.net Address: 601 E HYMAN AVE Owner Phone: (970) 925-1936 ASPEN, CO 81611 Address: 201 N MILL ST, SUITE 108 REP's Phone: (970) 925-7819 ASPEN, CO 81611 Referrals: FIRE DEPT -BASALT Other Referrals: Emma Caucus 7/16/09 PLANNING ENGINEER REFERRAL CDOW ALL OTHER REFERRALS Comments Due Date: 07/17/2009 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 060-2009 #561763 Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): Remarks: no vesting Application Type: Activity Envelope RECEPTION#: 561763, 0 811 012 0 0 9 at 10:30:04 AM, 1 0~ 9. R 50.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ;COMMUNITY DEVELOPMENT DIRECTOR OF ...n... ~.~~... i i, ~ va.vnr+i~v~ errrttOVING THE CBI SOPRIS VIEW LLC ACTIVITY ENVELOPE PLAN Administrative Determination No. ~0 ~-2009 RECTTALS I. CBI Sopris View LLC ("Applicant") has applied to the Community Development Director of Pitkin County ("Director") to establish an activity envelope for a single family residence and accessory structures. The Applicant has also proposed three other specific use envelopes for the access/driveway, a utility envelope and a landscape envelope. 2. The parcel contains 35 acres and is a conforming size parcel within the RS-30 zone district. 3. The parcel is located on West Sopris Creek Road, and is more specifically described in Exhibit A. PID#2465-2725-00-006 4. The parcel was created prior to June 12, 1978; therefore, the lot is exempt from Growth Management up to 5,750 squaze feet, pursuant to Land Use Code Sec. 6-30-100(a). 5. The Director finds that the proposed activity envelope is consistent with the applicable requirements of the Code, as follows: A. The Activity Envelope is primarily located on slopes of less than thirty (30) percent. There are several isolated areas within the envelope that contain slopes in excess of thirty (30) percent; the slopes in these areas are due to the presence of minor natural or man-made changes in the gradient of a continuous slope, and qualify as minor slope anomalies pursuant to Sec. 7-20-20(cx3) of the Code. B. The access/driveway envelope contains drainage depressions within the envelope with slopes in excess of thirty (30) percent; the inclusion of slopes in short driveway encroachments for a maximum of one-hundred (100) linear feet may be permitted pursuant to Sec. 7-20-20(c)(5) ofthe Code with an approved Access Permit. C. The wildfire hazard is rated as moderate, and can be mitigated pursuant to the provisions of Sec. 7-20-60(c) of the Code as modified by a Certified Pitkin County Wildfire Expert. D. The activity envelope is within elk and mule deer winter range; impacts on wildlife can be mitigated pursuant to Sec. 7-20-70. APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all material representations made during the application process. 2. Prior to submission of any building or other development permit applications, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Sections 2-30-20 and 7-] 0-50 of the Code. Approval of this Activity Envelope does not ensure approval of Site Plan review. The Site Plan Review application shall address the following, in addition to the other requirements specified above: Administrative Decision Noi~-2009 Page 2 1) Demonstrate compliance with the standazds in Sec. 7-20-120.d for development within the Scenic View Protection Area and the rural character guidelines for building location in Sec. 7-20-120.e of the Code. B. Demonstrate that the site can accommodate an on-site wastewater treatment system (OWTS) that complies with the then current OWTS regulations. C. Demonstrate that a driveway can be constructed in compliance with the County and Basalt Fire District's driveway standards and that the driveway does not encroach on slopes in excess of thirty (30) percent for more than one-hundred (100) linear feet. D. Submit a precise engineer or geologist approved plan for mitigation of development on slopes in excess of thirty (30) percent. The plan shall show the area of disturbed slope, required re-grading and the size and location of mitigation devices (if required). Retaining walls shall comply with the guidelines and standards in Sec. 7-20-20(e) of the Code. E. Submit a geotechnical evaluation to assess the exact presence and affect of Mancos Shale on the building site and access/driveway. If Mancos Shale is found to affect the building site and access/driveway, the standazds of Section 7-20-50(f) shall be followed, including design and construction stabilization and maintenance measures approved by a qualified professional geologist or Colorado State licensed engineer and an evaluation of the development's affect on slope stability and shrink-swell properties. 3. Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for approval by the County Attorney and Community Development Director an Activity Envelope Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization and recordation. The Activity Envelope Plan shall be amended as follows, prior to submission: A. Include the following Plat notes: i. The pazcel is mapped in a moderate wildfire azea. ii. The pazcel is mapped as Elk and Mule Deer Winter Range. iii. Access Easement for Driveway per Reception No. 545219 4. Prior to issuance of a Building Permit for the residence, the Applicant shall: A. Provide proof of an adequate water supply (in teens of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable, to the Environmental Health and Natural Resources Department. The subject property is within an azea of the County where Hydrologic Systems Analysis, LLC (HSA) has evaluated the availability, sustainability and vulnerability of groundwater resources. Prior to any development reliant upon groundwater, the Applicant may want to review the applicable HSA report and further evaluate the underlying hydrogeology of the property, its geomorphology, and adjacent land uses, as such factors relate to an adequate and sustainable water supply. B. Obtain an on-site wastewater disposal system permit from the Environmental Health and Natural Resources Department. C. Obtain afireplace/woodstove permit from the Community Development Department, if necessary. D. Submit a site specific, detailed drainage and erosion control plan prepazed by a qualified engineer or geologist for review and approval by the Planning Engineer. The plan shall Administrative Decision No~-2009 Page 3 address the existing drainage that runs along the north edge of the activity envelope. All historical drainage pattems shall be maintained. E. If the project disturbs more than one acre, a State Stormwater Permit shall be obtained prior to permit issuance. F. Pay the applicable road and employee housing impact fees. G. Submit a detailed construction management plan which addresses all phases of construction for review and approval by the Planning Engineer. H. Apply for and obtain a variance from any and all setback requirements, if required. I. Submit a detailed re-vegetation plan for review and approval by the Community Development Department. The plan shall include at minimum 1) A tree mitigation plan for the removal of all trees six (6) inches or larger in diameter at breast height (DBH). 2) A management plan for noxious weeds on the pazcel by means of an Integrated Weed Management strategy according to the current Pitkin County Weed Management Plan. 5. The Applicant shall submit for and obtain an approved Access Permit for the driveway, which shall be built to current County standards, as described in the Pitkin County Asset Management Plan and approved the Planning Engineer. The application shall demonstrate that the driveway does not encroach on slopes in excess of thirty (30) percent for more than one-hundred (100) linear feet. The driveway layout shall be staked in the field and reviewed and approved by the County Engineer, prior to commencement of construction. 6. The Applicant shall obtain a Pitkin County ROW Permit for any proposed work within the County ROW. No structural development in excess of thirty (30) inches above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to six (6) feet above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four (4) feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 8. 5,750 squaze feet of Boss floor azea is exempt from growth management without the use of TDRs or growth management allotments for additional floor area. 9. The Applicant shall comply with the Following standards, as modified by a Pitkin County Certified Wildfire Expert to mitigate for Development on the parcel which is mapped overall as a Moderate Wildfire Hazard Area: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): 1) Brush, debris and non-ornamental vegetation shall be removed within a minimum fifteen (15) foot perimeter around all structures. Administrative Decision No.l~ -2009 Page 4 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. 3) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. Remaining clumps within a fifty (50) foot perimeter should represent forty (40) percent of the original foliar cover. More thinning of shrubs shall take place near the structures, with less thinning required further from the structures. 4) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from azound trees and brush. 5) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (]0) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. 6) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 7) All deadfall and downed woody debris up to aone-hundred (]00) foot perimeter shall be removed. In the perimeter from thirty (30) feet to one-hundred (100) feet, dead branches shall be pruned from shrubs up to six (6) feet. Thin shrubs to sixty (60) percent of original foliar cover. No trees of any species may be located or planted within fifteen (15) feet of any window. 8) No new conifer trees shall be planted within ten (10) feet of a residence. 9) No flammable mulches shall be placed within two (2) feet of a residence. ] 0) Installed or native landscaping within twenty (20) feet of a residence shall not contain any brushy species; only grasses or forbs are allowed. Aspen trees aze allowed near the house, as long they are not within ten (] 0) feet of the structure, and are kept limbed up to ten (10) feet unless the threes aze less than ten (10) feet tall. 11) Thin back shrubby fuels ten (]0) to fifteen (15) feet on either side of the driveway, removing sixty (60) percent of the existing foliar cover. 12) No coniferous trees are allowed within twenty (20) feet of either side of the driveway. ] 3) Vegetation within twenty (20) feet of all structures shall be kept to less than six (6) inches, aside from irrigated forbs and grasses. 14) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Access: 1) Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriff's Department, local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. Where feasible, looped routes of access/egress to a public road shall be incorporated in the design of a proposed development. Looped routes of access/egress is defined as two (2) or more dedicated access roads to the main artery/highway for widely sepazated ingress/egress; looped drives with one (1) entrance point or divided single Administrative Decision No. 2009 Page 5 entrances do not satisfy this condition. Where this is not feasible, the Community Development Department may approve vehicular tumaround areas a maximum of seven hundred fifty (750) feet apart installed between the road intersection and its terminus. Turnaround areas shall be the same standards as cul-de-sac turnaround pads; these may be incorporated into the proposed driveway entries. 2) If a looped driveway is not feasible, a "hammer-head" or cul-de-sac turnaround acceptable to the local fire department must be present near the residence. 3) New dead-end streets shall not be permitted, except for cul-de-sacs and other turnarounds accepted by the applicable local fire department. 4) Cul-de-sac turnaround pads shall have a minimum thirty (30) foot drivable surface inside turning radius or a hammerhead or other T-area acceptable to the applicable local fire district. 5) New driveways and access roads shall enter the roadway at aninety-degree (90°) angle for the first twenty-five feet of the driveway. C. Water Supply for Fire Safety: 1) All stmctures greater than 5,000 squaze feet in size shall be required to install in-house sprinkler systems that meet the standards of the local fire protection district and the IBC. At building permit submittal, the local fve department may require smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of proximity to fire protection services. 2) For structures greater than 5,000 square feet in size, an individual water supply and storage shall be accessible to fire department vehicles within a compliant distance of the exterior of the building(s) through the use of a hydrant meeting the policies of the Basalt and Rural Fire District. The amount of storage capacity shall be determined by the fire district with a minimum 5,000 gallon storage capacity pursuant to the squaze footage of the lazgest structures. Increases in square footage will result with an increase in storage capacity minimums. D. Roofing Materials, Roofing Vents and Projections At and Below Roof Line: 1) Roofing Materials: (a) Class A covering or Class A assembly as defined by the currently adopted Building Code. (b) No wood shakes or shingles. 2) Roof Venting: (a) Soffit venting shall be located in the outer 1/3rd portion of the overhang. (b) Attic, soffit and other roof venting shall be of non-corrosive metal mesh with maximum'/a" openings. 3) Projections at the Roofline, including Soffits, Rafrers, Porch or Deck Roofs, Fascias, or Other: (a) Sheath with non-combustible materials, or (b) Combustible material underlain with 5/8" Type X gypboard or equal, or (c) Minimum 4x6 rafrers with 2x T&G decking. Administrative Decision No.~-2009 Page 6 4) Decks, Decking, Cantilevered Floors, or Other Projections below the Roofline: (a) Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railing, or equivalent log construction. E. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. F. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Any outbuilding shall adhere to the same wildfire requirements. 3) Yards shall be kept clear of all litter, slash and flammable debris. 4) All flammable materials shall be stored indoors or on a parallel contour a minimum of fifteen (15) feet away from any structure. 5) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 6) Firewood/wood piles shall be kept indoors or stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 7) Swimming pools and ponds shall be accessible by the local fire district. 8) Fences shall be kept clear of brush and debris. 9) Wood fences shall not connect to other structures. 10) Fuel tanks shall be installed underground with an approved container. 11) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure aoound the tank shall be constructed with materials approved for two (2) hour fire-resistive construction on the exterior side of the walls. 12) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 13) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on anon-combustible post. 14) Utilities shall be extended underground. 10. The Applicant shall comply with the applicable codes and requirements of the Basalt and Rural Fire Protection District, including but not limited to access with a minimum width of sixteen (16) feet, with an all-weather surface capable of handling the imposed loads of a 60,000 pound fire apparatus, turning Administrative Decision No.(p~-2009 Page 7 around of fire appazatus, installation of an approved fire sprinkler system (if the structure exceeds 5,000 square feet) and provision of water supply for fire fighting (minimum of 5,000 gallons). 11. The Applicant shall comply with the following standard measures (as modified by a Wildlife Expert) to mitigate impacts to wildlife: A. When existing native vegetation must be altered within the Activity Envelope, the Applicant may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute (in a nearby azea on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species. Should there be no opportunity on the property for habitat mitigation or restoration, off-site mitigation benefiting the same species may be required, or financial mitigation may be paid into a County habitat mitigation fund should such a fund be established in the future. B. Development within the approved Activity Envelope shall be clustered to the maximum extent passible to minimize impact on wildlife. C. Manipulation of vegetation outside of the Activity Envelope is prohibited. Native vegetation shall be preserved outside the approved Activity Envelope. D. All landscaping outside the primary Activity Envelope and approved landscape envelope shall be prohibited except as necessary for the restoration/revegetation of disturbed areas within the other approved Activity Envelope area. E. Dogs shall be restricted to a fenced enclosure (i.e., kennel) within the Activity Envelope. F. Dogs shall be leashed at all times when outside of the Activity Envelope. G. Dogs of guests shall be required to comply with these restrictions. H. Contractors shall be prohibited from bringing their dogs on site during construction; even if kept within their vehicles. I. Pets shall not be feed outside and pet food shall not be left outside. J. All fencing on the parcel shall be restricted to the Activity Envelope; fences within the Activity Envelope shall be kept to a minimum. K. Any fences deemed necessary shall meet or exceed Pitkin County and CDOW wildlife standards as follows: 1) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. 2) Wire fencing must be three (3) strands or less. The top wire should be atwelve-point-five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground to facilitate the movements of fawns and elk calves as well as other wildlife. L. All refuse containers shall meet or exceed the Wildlife Proof Refuse Container/Dumpster Enclosure Standazds as described in Pitkin County Ordinance #010-2001 and all amendments. These containers shall be accessible to and used at all times by contractors on site. M. Horse gains, pellets, and cookies shall be stored indoors and or/in beaz resistant containers. Administrative Decision No.l~-2009 Page 8 N. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs. O. Lever-style door handles shall be prohibited on the exterior of the house. P. Bird feeders shall not be placed outdoors from April through November. At all other times, bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. Q. Composting shall be restricted to Yazd waste (e.g., leaves and grass clippings). Food waste shall be prohibited within the compost. R. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. S. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife provided reasonable notice is given to the landowner. T. No livestock, including horses, shall be kept, pastured or corralled on the property to avoid additional loss of wildlife habitat. 12. No development including grading, excavation, fill placement, berms, landscaping, vegetation removal or disturbance, well or septic system shall occur outside of the approved activity envelope, except as necessary for weed management or to comply with the wildfire mitigation measures described above. 13. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install orange safety fencing around the construction site within the perimeter of the activity envelope to prevent any unnecessary vegetation disturbance during construction. The fencing shall remain in place until issuance of a Certificate of Occupancy. 14. All azeas disturbed by construction shall be re-vegetated with native shrubs and grasses according to the Pitkin County Revegetation Guideline and within one growing season of the project's completion. 15. No calculations for height, bulk, setback, size, floor azea, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. 16. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. APPROVED by the Dvector, this ~~day of~, 2009. I P ~I C,~ Cindy Houben, Community Development Director PID# 2465-272-00-006 PO55-09 Administrative Decision No. ~iQ-2009 Page 9 Exhibit A Legal Description: Section: 27 Township: 8 Range: 87 PARCEL OF LAND IN N2NW4 & LOTS 1 & 2 OF SEC 27-8-87 CONT 35356 AC M/L DESC BY M/B BK 292 PG 729 BK 344 PG 192 BK 929 PG 44 BK 310 PG 391 BK 383 PG 627 BK 477 PG 707 MEMORANDUM TO: Cindy Houben, Pitkin County Community Development Director FROM: Cari Anne Holcomb, Planner RE: CBI Sopris View, LLC Activity Envelope Review and GMQS Exemption DATE: July 17, 2009 SUMMARY: The Applicant is requesting to designate an Activity Envelope for eventual construction of a single family residence and establish a GMQS Exemption for apre-existing lot. Vested property rights are not being requested at this time. Site Plan approval with Scenic Protection Review will be required prior to building permit submittal. APPLICANT: CBI Sopris View, LLC REPRESENTATIVE: Haas Land Planning, LLC/Mitch Haas LOCATION: West Sopris Creek Rd; PID #2465-2725-00-006 (Legal Description included with Determination). ZONING/LOT SIZE: The pazcel contains 35 acres and is conforming for the RS-30 district. EXISTING CONDITIONS AND BACKGROUND: The property is located on W. Sopris Creek Road just north of Sopris Mountain Ranch. W. Sopris Creek Road and West Sopris Creek intersect the property. The pazcel is currently undeveloped; however a Site Plan for a new driveway from West Sopris Creek Road to the Middle Ranch LLC Activity Envelope (including a bridge and two other water crossings) was approved pursuant to Hearing Officer Determination No. OS-2008 [Reception No. 552461]. The Site Plan was recorded at Book 88, Pages 37-46 [Reception No. 552751]. An easement for this driveway was recorded at Reception No. 545219. No information regarding this Site Plan was included with the current application, but can be found in planning application number P022-08, PID#2465-274-02-007. REFERRAL COMMENTS: Comments from the Basalt & Rural Fire District, Planning Engineer, and Emma Caucus are incorporated and attached far reference. Additionally the Division of Wildlife was also referred; an assessment completed prior to application submittal was included with the application. These comments are also incorporated throughout. STAFF COMMENTS: GROWTH MANAGEMENT: The parcel was legally created prior to 1978, and, therefore, is exempt from Growth Management up to 5,750 squaze feet, pursuant to Land Use Code Sec. 6-30-] OO.a. ACTIVITY ENVELOPE (7-10-501: The Applicant has requested approval of an Activity Envelope to construct a single family residence and accessory structures. The Applicant has also proposed three other specific use envelopes for the access/driveway, autility envelope and a landscape envelope. The proposed activity envelopes are located above West Sopris Creek Road. A site visit was conducted on June 30, 2009. Steen and Potentia[Iv Unstable Slopes & Grading (7-20-20and 7-20-10): The proposed Activity Envelope for residential and accessory structures contains very small areas of slopes in excess of 30% all of which would be considered anomalies, pursuant to Sec. 7-20-20(c)(3). ~ ~~ ~3 ~~~ ~~~ The proposed access/driveway has been designed to avoid slopes in excess of 30% with the exception of a small drainage which runs through two sections of the driveway. This encroachment measures approximately 100 feet which is permitted pursuant to Sec. 7-20-20(c) (5). The Caucus has expressed concerns about these slopes. If these azeas aze to be developed, a licensed engineer or geologist shall demonstrate that the surface ofthe slopes is not prone to instability or failure and that the development will not cause greater instability. Additionally, the Applicant shall demonstrate at Access Permit submittal that the driveway does not encroach on slopes in excess of 30% for more than 100 linear feet. All grading and fill placement will occur within the Activity Envelopes. The Applicant states that all clearing, grubbing and vegetation removal will occur within the designated activity envelopes. The Applicant understands that trees with 6" or larger DBH that are removed within the activity envelopes must be replaced with total DBH at least equal to the DBH removed. Water Courses and Drainage (7-20-301: The Applicants did not include a grading plan with the application. At this time Staff is not concerned with drainage patterns, as erosion and drainage plans will be submitted for review and approval by the Planning Engineer at the time of building permit submittal. Historical drainage flow patterns shall be maintained and adequate drainage shall be provided. The Applicant has stated the flow of natural water courses will not be impeded and that properly sized culverts will be installed if necessary to ensure continued functioning of natural drainage pattems. Floodnlaia Hazards (7-20-40): The parcel is impacted by West Sopris Creek, a `blue line' perennial stream. The FEMA maps show a Zone "A" floodplain associated with West Sopris Creek, which means that no base flood elevations have been determined by FEMA. The proposed Activity Envelope has been located more than 300 feet (horizontally) from the mean high water line ofthe creek to avoid this constraint. Geologic Hazards (7--20-501: Based upon the County's 1041 Hazard Maps, the property is located within a Mancos shale area. The code permits mitigation for Mancos Shale soils. Prior to building permit submittal, a geotechnical evaluation shall be completed to assess the exact presence and affect of Mancos Shale on the building site and access/driveway. If Mancos Shale is found to affect the building site and aceess/driveway, the standards of Section 7-20-50(f) of the Code shall be followed, including design and construction stabilization and maintenance measures approved by a qualified professional geologist or Colorado State licensed engineer and an evaluation ofthe development's affect on slope stability and shrink-swell properties. Wildfire (7--20-601: Overall, the parcel is rated as a Medium (Moderate) Wildfire Hazard, and the Applicants will comply with the standards in the Code. Additionally, Eric Petterson found that Severe Hazard areas exist to the northwest (uphill) of the proposed Activity Envelope. He provided additional mitigation recommendations aimed at reducing the wildfire hazard, which will be added to the determination. Bill Harding, Fve Marshall for the Basalt and Rural Fire District, notes that all structures greater than 5,000 square feet will be required to have fire sprinkler systems; those smaller than 5,000 square feet may also require sprinklers due to hazard considerations and the lack of proximity to the Basalt Fire Station. Structures 5,000 squaze feet and greater will require additional water storage for fire fighting (fmal capacity to be determined based on the square footage of the structure and determined prior to building permit issuance.). Additionally, the driveway shall subscribe to the Pitkin County Asset Management Plan for the minimum design standards in order to meet the Fire District's need for access. 2 Wildlife Habitat (7--20-701: Jonathan Lowsky of Colorado Wildlife Science, LLC assessed the proposed Activity Envelopes and states, "The proposed development will not significantly affect important game habitat. The proposed development will result in some direct loss of some mule deer summer range, mule deer and elk winter range and mountain big sagebrush habitat " The properly is mapped within mule deer and elk winter range. The site assessment verified the winter range mapping is accurate. The area west of the road is used by both deer and elk in winter; however the primary uses are light winter use, transition and summer mule deer use. Mule deer occur on the property throughout the year and Elk occur on the property in the spring and fall as they migrate between summer and winter range. Black bears are common on and around the property, especially in the fall. Recommendations from Mr. Lowsky, to minimize ecological impacts are included with the applicable Code standards in the conditions of approval. River and Stream Corridors and Wetlands /7-20-80): Pursuant to Section 7-20-80 of the Land Use Code, all development must maintain a stream, riparian wetland buffer of at least 100 feet measured horizontally from the identifiable high water line of any `blue line' perennial stream. All of the proposed envelopes in this application have been located to meet or exceed that distance. Scenic View Protection Review (7-20.120): The property lies within the West Sopris Creek Road scenic view protection azea (SVPA). Development in Rural Areas should be located so that activities and development occur in one or a combination of the following locations as they may apply to the particular property: (1) at the edge of an open meadow or pasture; (2) behind an existing stand of vegetation; (3) behind or built into a change in natural topography; (4) or within a pasture or meadow, clustered in the form of a ranch compound, or adjacent to or integrated into an existing ranch compound. The property does not contain any open meadows or pastures; the existing topography and vegetation provide limited screening. As such, location of the envelopes outside the SVPA is not practicable given the constraints of slope, habitat and West Sopris Creek. The Applicant has sought a landscape envelope which runs along W. Sopris Creek Road for future screening. Compliance with Scenic Review standards for the residence and accessory structures, along with the access/driveway and landscape envelopes shall be required at the time of Site Plan Review. RECOMMENDATION: Staff recommends approval of the CB[ Sopris View LLC Activity Envelope Review subject to the conditions of the attached Administrative Determination. ATTACHII'IENTS: l . Legal Description 2. Determination 3. Emma Caucus Comments 4. Emma Caucus Questions 5. Planning Engineer Memo 6. Basalt & Rural Fire Protection District Comments Legal Description Section: 27 Township: 8 Range: 87 PARCEL OF LAND IN N2NW4 & LOTS 1 & 2 OF SEC 27-8-87 CONT 35.356 AC M/L DESC BY M/B BK 292 PG 729 BK 344 PG 192 BK 929 PG 44 BK 310 PG 391 BK 383 PG 627 BK 477 PG 707 `~ EMMA CAUCUS P.O. Box 14Q5 Basalt, CO 81621 (970) 927-3462 emmacaucus 1405 (ct7sopri s.net MEMORANDUM TO: Cari Anne Holcomb, Community Development Department FROM: Emma Caucus RE: CBI Sopris View LLC Activity Envelope Review (PID 2465-283-O1-004 Case PO55-09) Date: July 16, 2009 The Caucus received information on the above application mailed by the County on June 8, 2009. The application requests approvals for an Activity Envelope Review and a GMQS Exemption (for apre-existing lot). Vested rights are specifically not requested with this application. The application was reviewed by Caucus members online. Comments: This site is located on West Sopris Creek Road approximately 1/2 mile southwest of Stone Road and is actually part of the West Sopris Ranch Subdivision (unplatted). The lot is owned by the same owner (different LLC) as the Middle Ranch property and will be used for access to that larger parcel, including a long driveway and at least one bridge. Caucus members voiced concerns over the impact of this proposed driveway and bridge(s) on the lot but drawings and information included in this application were very preliminary and not particularly helpful. The Caucus also had concerns regarding the need to cross slopes greater than 30% on the subject lot For its own driveway (in order to build the maximum size and height allowed) but this will be addressed at Site Plan Review. Finally, the applicant is currently marketing this property for sale along with the Middle Ranch parcel and Sopris Mountain Ranch Lot 48 (which he also owns) with all 3 listed as one large 435 acre +/- ranch. Marketing materials describe one large ranch with the right to build up to 30,OOOSF and no deed restrictions or covenants, which appears in conflict with previous approvals and has raised further concerns with the Caucus. Consensus: The current application appears to comply with all current County requirements. The Caucus does not have any objections to the proposed Activity Envelope on the CBI Sopris View parcel, although additional concerns may be raised at Site Plan Review as the application evolves. U 1 c~ Page 1 of 4 Cari Anne Holcomb From: Mitch Haas [mhaas@sopris.net] Sent: Wednesday, July 01, 2009 3:07 PM To: 'Liz Newman' Cc: 'Parker Maddux'; Cari Anne Holcomb Subject: RE: FW: CBI Sopris View application for Activity Envelope Stone Road parcel Hi Liz (and Parker and Cari Anne). Well, sorry for all of the confusion, but upon closer inspection of the submitted CBI Sopris View plans, most of what you are asking for has already been provided and should be in your hands. If you look at Sheet 1 of 2 in the CBI Sopris View Activity Envelope Plan, you'll notice that the easement through the CBI Parcel and serving for access to Middle Ranch is indeed depicted right there on the plan. The actual driveway alignment is centered within the depicted easement. You can accurately discern its distance from and relative to the proposed Activity Envelope on the CBI Parcel. The two driveways will be approximately 600 feet apart or more, and the one driveway entrance will not be visible from the other due to a curve in the road. Also, looking closely at the CBI Activity Envelope Plan, you should notice the area "restricted to driveway/access and associated improvements;" this is the area that will accommodate the one anticipated switchback and the 30% slopes to be crossed are also shown thereon. The 30% slopes being crossed are actually depressions (not hills) and would be crossed with culverting or similar that would not result in cuts or retaining (the areas are quite small). Please let me know if you need any further assistance or explanations. Regards, Mitch Mitch Haas Haas Land Planning, LLC 201 N. Mill Street, Suite 108 Aspen, CO 81611 Phone: (970) 925-7819 Fax: (970)925-7395 Email: mhaas also rip s.net From: Liz Newman [mailto:newman@sopris.net] Sent: Wednesday, July Ol, 2009 10:15 AM To: 'Mitch Haas' Cc: 'Parker Maddux' Subject: RE: FW: CBI Sopris View application for Activity Envelope Stone Road parcel Thanks, Mitch- I just got back into town myself and can't make it to Aspen today. What I really need is something I can send out to the Caucus: it's not just for me. It is hard for people to visualize what is going on with this property since there are no stakes in place yet either. I just assumed this was available in a format that could be included with the application, but let me know what you find. Thank you! Liz From: Mitch Haas [mailto:mhaas@sopris.net] Sent: Wednesday, July Ol, 2009 7:46 AM Ln z 7/22/2009 Page 2 of 4 To: 'Liz Newman'; 'Parker Maddux' Subject: RE: F1N: CBI Sopris View application for Activity Envelope Stone Road parcel Liz: I am trying to find out if there's a map prepared showing both the CBI Activity Envelope and the Middle Ranch driveway on one plan...we used the same engineers/surveyors for both, so is a possibility. I will let you know. Otherwise, if we can find a time that works and you can stop by my office (in Aspen), I can show you the comparison between two sets of maps --- the problem is my schedule for the rest of this week isn't real flexible other than this morning and tomorrow morning. - Mitch Mitch Haas Haas Land Planning, LLC 201 N. Mill Street, Snite 108 Aspen, CO St611 Phone: (970)925-7819 Fax: (970)925-7395 Email: mhaas@sopris_.net From: Liz Newman (mailto:newman@sopris.net] Sent: Tuesday, June 30, 2009 7:57 PM Ta: 'Parker Maddux' Cc: Mitch Haas Subject: FW: FW: CBI Sopris View application for Activity Envelope Stone Road parcel Everyone- See response below re: my request for a map that shows where the bridge and driveway will be on this parcel in order to access the larger Middle Ranch parcel. Does anyone have a copy of this map to share? I do not see one in this packet or the previous one, but I could be missing something. Liz From: pmaddux [mailto:pmaddux@aol.com] Sent: Monday, June 29, 2009 9:37 AM To: Mitch Haas Cc: 'Cari Anne Holcomb'; Liz Newman Subject: Re: FW: CBI Sopris View application for Activity Envelope Thanks, Mitch. I have forwarded your message to Liz, as the Secretary of the Caucus, for further dissemination. I appreciate your explanation. Parker On Jun 29, 2009, at 9:26:57 AM, "Mitch Haas" <mhaas@sopris.neU wrote: ~' 7/22/2009 Page 3 of 4 From: "Mitch Haas' <mbaas@sopris.net> Subject: FW: CBI Sopris View applintioo for Acfivity Envelope Date: June 29, 2009 926:57 AM MDT "ro: pmadduz@aol.com Cc: "'Carl Mne Holcomb'" <CariAme.Aolwmb@co.pitkin.w.us> Mitch Haas Haas Land Planning, LLC 201 N. Mill Street, Suite 108 Aspen, CO 81611 Phone: (970) 925-7819 Eax:(970) 925-7395 Email: mhaas@sopris.net From: Mitch Haas [mailto:mhaas@sopris.net] Sent: Monday, June 29, 2009 9:24 AM To: 'Suzanne Wolff Cc: 'Cari Anne Holcomb'; 'newman@sopris.net' Subject: RE: CBI Sopris View application for Activity Envelope Dear Cari Anne: I was out of town all of last week and I am now just getting to all of the emails received while I was away. The bridge providing access to the Middle Ranch parcel went through Site Plan Review and those approved plans have been recorded; the plans show the exact location and route of the entire access road, including the bridge. That is not shown in the current application because it is not part of the current proposal; however, the plans are recorded and available to anyone who desires to review them. In the end, the route of that access road does not abut or otherwise enable use of any area that can accommodate an Activity Envelope for the development of a home on the CBI parcel (between avoidance of steep slopes, wetlands, riparian areas, etc.). This is why the current application seeks an Activity Envelope on the opposite side of West Sopris Creek Road. As for the eventual alignment of the access driveway that will serve a home developed in the currently proposed CBI Sopris View Activity Envelope, any actual switchback locations, road cuts, retaining walls, the design of such features, etc. will be part of a subsequent and eventual Site Plan Review application, which will include Scenic Review, for the CBI Sopris View Parcel. To date, we have not designed the specific driveway but have merely completed preliminary engineering analyses to determine approximate locations and needs with respect to slopes and County driveway requirements. All slopes of 0-15%, 15-30%, 30-45% and greater than 45% are clearly demarcated on the submitted Activity Envelope Plan. The 30% slopes likely to be crossed are very short and are explained in the application text; these should be apparent upon inspection of the submitted Activity Envelope Plan. I am not trying to be elusive or difficult, but I honestly think all of these questions have already been answered in the application and/or on recorded public documents. We remain hopeful that this application can be approved without additional delay. Timing is a priority for this client, which is why the application does not seek vested property rights as that would require a longer review process. We are fully aware that the eventual Site Plan Review application will be subject to the policies of the Emma Master Plan, once fully adopted, as well 7/22/2009 Page 4 of 4 as any other regulations or code amendments duly adopted prior to submittal of a complete Site Plan Review application. Please forward any additional questions to me. Many thanks, Mitch Mitch Haas Haas Land Planning, LLC 201 N. Mill Street, Suite 108 Aspen, CO 81611 Phone: (970)925-7819 Fax: (970)925-7395 Email: mhaas@sopris.net From: Suzanne Wolff [mailto:Suzanne.Wolff@co.pitkin.co.us] Sent: Monday, June 22, 2009 1:16 PM To: Mitch Haas Cc: Cori Anne Holcomb Subject: FW: CBI Sopris View application for Activity Envelope Hi Mitch. The Caucus would like some additional information. I let Liz know that I would pass along the message and that Cari Anne is the planner on the case, for further correspondence. CA - I know Mitch is out of the office this week From: Liz Newman [mailto:newman@sopris.net] Sent: Sunday, June 21, 2009 7:11 PM To: Suzanne Wolff Subject: CBI Sopris View application for Activity Envelope Hi Suzanne! We have a question re: the lot that is the subject of this application since it is also the lot that will provide access to the greater Middle Ranch parcel. We cannot tell from the information contained in the application exactly where the bridge across West Sopris Creek will be in relation to the proposed Activity Envelope. We also want to see how the proposed Middle Ranch driveway crosses this lot. If there are to be switchbacks/road cuts on this lot going up to Middle Ranch, we need to see where these are. Also, the application suggests the driveway for the requested Activity Envelope will need to cross a slope greater than 30% requiring some switchbacks. Can you show where those would be? A site inspection may be needed on this lot unless these questions can be answered by better illustration Thanks for your help! Liz pmaddux@aol.com 9 ,~ 7izzizoo9 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Cari Anne Holcomb FROM: Catherine Berg, Planning Engineer Re: CBI Sopris View LLC DATE: July 8, 2009 After reviewing the application I propose the following conditions: - A detailed revegetation plan will be required. Plan shall be reviewed and approved by Pitkin County Community Development. The plan shall include a tree mitigation plan for the removal of all trees six inches or lazger diameter at breast height. - The applicant shall obtain an approved Access Permit for the constmction of the driveway. The application shall include: o Demonstration that the driveway does not encroach on slopes in excess of thirty percent for more than on-hundred lineaz feet. o Applicant shall comply with the requirements of the Basalt Fire Department regazding access. - All retaining walls equal or greater than four feet in height shall be engineered. - A detailed drainage and erosion control plan shall be submitted. If the development disturbs one (1) acre or more a State-Stonnwater Permit shall be applied for and obtained. The plan shall address the existing drainage that rans along the north edge of the activity envelope. All historical drainage patterns shall be maintained. - The applicant shall submit a detailed Construction Management Plan that addresses all phases of constmction. - The applicant shall apply for and obtain a variance from any and all setback requirements, if required, prior to the approval of building permit(s). - The applicant shall obtain a Pitkin County ROW Permit for any proposed work within the county ROW. C:\Documents and Settings\carianneh\Loca1 Settings\Temporary Internet ~p Files\OLK81\CBI 7 8 09.doc ~~~ Page 1 of 2 Cori Anne Holcomb From: Cori Anne Holcomb Sent: Friday, July 10, 2009 4:10 PM To: Catherine Berg Subject: FW: Questions about CBI App Here are the answers to your questions. Don't know if they will change your comments, but since they might I thought I'd forward them along THANKS Cori Anne From: Mitch Haas [mailto:mhaas@sopris.net] Sent: Friday, July 10, 2009 3:29 PM To: Cori Anne Holcomb Subject: RE: Questions about CBI App See below... Mitch Haas Haas Land Planning, LLC 201 N. Mill Street, Suite 108 Aspen, CO 81611 Phone: (970) 925-7819 Fax: (970) 925-7395 Email: mhaas@sopris.net Hi Mitch: I have a couple of questions about the CBI Application. 1. In the proposed utility envelope that runs along W Sopris Creek Rd -which utilities will be there... it isn't the electdc is it, since they already have overhead service right? Actually, the plan is to underground the electric, if practicable. The undergrounding could happen in the existing overhead alignment but it is altogether possible that it would occur alongside the road; thus, the utility envelope. The same alignment would conceivably accommodate cable, phone and any other utilities. Really, those envelopes are more or less,"just in case" provisions that mean nothing if they go unused since we have them restricted to underground utility improvements only. 2. What is the landscaping that runs along the utility envelope for? Is it to shield the house or the driveway or both? I know this isn't site plan, but will it continue along in the activity envelope? We don't know what the landscaping would look like at this point, but this is merely to accommodate proposing landscaping with a Site Plan Review application. Yes, the idea was to allow for some appropriate level of screening (with appropriate landscape materialslspecies) for the house from the road and vice versa. We fully recognize that use of this envelope will be subject not only to Site Plan Review but also Scenic Review as West Sopris Creek Road is a designated scenic roadway. As for the question of "will it continue in the Activity Envelope," that remains to be seen but I figure the Activity Envelope already accommodates development, whether landscaping and/or otherwise; as such, there was no reason to restrict the first X number of feet in the Activity Envelope to landscaping improvements. In other words, the regular Activity Envelope effectively includes the ability to later propose "landscaping." think that covers it but please let me know if you need any further clarification. - Mitch Z 7/22/2009 Basalt & Rural Fire Protection District "Protecting Our Community Since 1970" 7-17-09 Cari Ann Holcomb Pitkin County Community Development 130 South Galena St. Aspen, Colorado 81611 Re: CBI Sopris View LLC Activity Envelope Review (PID 2465-283-01-004: Case PO55-09 Deaz Cari, After review of the materials and the letter written by Eric Petterson of Rocky Mountain Ecological Services I offer the following comments. This parcel is North of Sopris Mountain Ranch in Section 27. The wildfire hazard has been rated as medium for the home site with severe uphill of the area. By following the presentation in Mr. Petterson's letter regazding defensible space mitigation, access, water supply, construction and maintenance many of the fire districts needs will be addressed. I offer more specific details of our needs below: Water Supply: • All structures greater than 5000 square feet in size shall be required to install sprinkler systems that meet the policies of Basalt Fire. At building permit submittal smaller structures may require sprinklers due to hazazd considerations, access difficulties and the lack of proximity to the Basalt Fire Station. For structures greater than 5000 sq_uaze feet an individual structure water supply and storage shall be accessible to fire department vehicles within compliant distance of the exterior of the building(s) through the use of a hydrant meeting the policies of the Basalt and Rural Fire district. The amount of storage capacity shall be determined by the fire district with a minimum of 5000-gallon storage capacity pursuant to the square footage of the lazgest structure. Increases in squaze footage will result with an increase in storage capacity minimums. The purpose of this lOS9 JW Drive, Carbondale, Co 51623 Phone:(970)704-0675•Fax:(970)704-0625 www.basaltfire.org IZ V~~ water supply is to quickly setup initial fire attack and buy time until a secondary water supply through water hauling operations is established and sustained. These operations involve equipment and personnel from the Basalt, Cazbondale and Aspen fire districts. Access: The driveway shall subscribe to the Pitkin County Asset Management Plan towazd driveway desi¢n havine a minimum width of 16 feet with an all weather surface capable of handling_the imposed loads of a 60 000 lb fire apparatus An approved turnazound needs to meet at a minimum the specification of fire department apparatus. The driveway to the building envelope is lengthy and steep. 16 feet is the minimum safe width towazd year round viable access for emergency response that establishes effective fire operations utilizing water-hauling scenarios with lazge appazatus. If I can be of further assistance in regazds to this application please feel free to contact me at anytime. Sincerely, Sen[ via E-mail Bill Hazding, Fire Mazshal Cc: Scott Thompson, Fire Chief Brian Benton, Asst. Fire Mazshal r3 .~ ~~an`~°1~r~ C~. (W. Sopn:~Crevk.RoaaL) ~lN ~,4~LICArION FOR: ACrIVITY ~NVfLO~'f R~VI~1,4N~ ~l GMQS ~x~M~rloN FOR ~ ~z~-~xISrINC~ LOr su~Mlrr~v BY 201 N. MILL SrR£fr, SuIT'f 108 ~4S~''fN, COLOR~A~O 81611 (970) 925-7819 fa~v(970) 925-7395 waLaa~~asopri~: net Jwn.Pi, 2009 004001 0-~' S (.p PID No.2465-272-00-006 AN APPLICATION FOR APPROVAL OF AN ACTIVITY ENVELOPE AND A GMQS EXEMPTION FOR APRE-EXISTING LOT FOR CBI SOPRIS VIEW, LLC Submitted by: CBI Sopris View 601 E. Hyman Ave Aspen, CO 81611 Prepared by: HAAS LAND PLANNING, LLC Planning Consultant 201 North Mill Street, Suite 108 Aspen, CO 81611 Phone: (970)925-7819 Fax: (970) 925-7395 ` Email: mhaas@sopris.net PID No.2465-272-00-006 OQQ~V2 CBI SOPRIS VIEW, LLC APPLICATION TABLE OF CONTENTS PAGE INTRODUCTION ...........................................................................1 II. NEIGHBORHOOD AND SUBJECT PROPERTY .....................................3 III. THE PROPOSAL ............................................................................4 IV. REVIEW REQUIREMENTS ................................................................6 A. Activity Envelope .......................................................................6 B. Rural Character, Environmental Protection and Natural Hazazds ....................9 1. Site Preparation and Grading ...................................... ............9 2. Steep and Potentially Unstable Slopes ............................ ............9 3. Water Course and Drainage ...................................... ............11 4. Floodplain Hazazds ................................................. ...........12 5. Geologic Hazards ................................................... ...........12 6. Wildfire Hazazds ................................................................. ...........12 7. Wildlife Habitat ..................................................... ...........13 8. River and Stream Comdors and Wetlands ...................... ...........16 9. Scenic View Protection/Kural Chazacter Guidelines ........... ..........16 C. GMQS Exemption for Pre-Existing Lot ............................................17 Exhibits Exhibit 1: Title Work Demonstrating Proof of Ownership, the Pazcel's Legal Creation Prior to June 12, 1978, and Its Unmerged Status Exhibit 2: Letter of Authorization for Haas Land Planning, LLC to Represent the Applicant Exhibit 3: Pre-Application Conference Summary Exhibit 4: Wildfire Hazard Review by Rocky Mountain Ecological Services, Inc. Exhibit 5: Wildlife Habitat Assessment by Colorado Wildlife Science (CWS), and an Email from John Groves of the Colorado Division of Wildlife (CDOW) Exhibit 6: Executed Agreement to Pay Form PID No. 2465272-00-006 OQi1003 I. INTRODUCTION This application requests approvals for an Activity Envelope Review and a GMQS Exemption (for aPre-Existing Lot); vested property rights are not being requested at this time. The subject property is located on West Sopris Creek Road, just north of Sopris Mountain Ranch, and it is legally described as a parcel of land situated in Section 27, Township 8, Range 87 West of the 6`h P.M., County of Pitkin, State of Colorado. The property's general location relative to the surrounding azea is depicted on the Vicinity Map below. M40CYEST. oww vmeW S a~ ~,6 O 5pm9N ~[} s.pe PYn CY ~~~ OygB ~4p0.xnr MC .FO ar Vicinity Map -CBI Sopris View Pareel, West Sopris Creek Road, Basalt This West Sopris Creek Road property is a 35 acre parcel, and its Parcel Identification Number is 2465-272-00-006. The subject property is zoned RS-30 (Resource-30 Acre), and lies within the designated "Rural" area of Pitkin County (outside of all Urban Growth Boundaries (UGB)). West Sopris Creek flows across the property while W. Sopris Creek Road bisects the property just to the west of the creek. This application is submitted pursuant to the following sections of the Pitkin County Land Use Code (the Code): 6-30-100, GMQS Exemption for Pre-Existing Lots; 2-30-20(g)(3), Activity Envelope Criteria for Approval; 7-10-50, Activity Envelope; 7- 10-6Q Priorities in Locating Activity or Development; and, 7-2Q Rural Character, Environmental Protection, and Natural Hazazds. The application is submitted by CBI Sopris View LLC (hereinafter "the applicant"), owner of the subject property. Title work demonstrating proof of the applicant's ownership, the pazcel's legal creation prior to June 12, 1978, and its unmerged status is provided in Exhibit 1. Authorization for Haas Land Planning, LLC (HLP), to represent the property owner for this application is provided in Exhibit 2. A CBI Sopris View (Parcel No. 2465-272-00-006) Page 1 Q~~~ pre-application conference summary is included herewith as Exhibit 3. A wildfire review assessment prepared by Mr. Eric Petterson of Rocky Mountain Ecological Services, Inc (RMES) is attached as Exhibit 4. A wildlife habitat assessment prepared by Mr. Jonathan Lowsky of Colorado Wildlife Science (CWS), along with an email from John Groves of the Colorado Division of Wildlife (CDOW) demonstrating concurrence with the CWS findings, is attached as Exhibit 5. Finally, an executed application fee agreement is attached as Exhibit 6. This application is divided into four sections. This Section I is a brief introduction to the application, while Section II furnishes an overview of the neighborhood and subject property (existing conditions). The proposed development is detailed in Section III. Section IV identifies the relevant review criteria of the Code and provides responses demonstrating compliance and/or consistency with each standard, as applicable. For the reviewer's convenience, all pertinent supporting documents are provided in the various exhibits to the application. While the applicant has attempted to address all relevant provisions of the Code and provide sufficient information to enable a thorough evaluation, questions may arise which require further information and/or clarification. Upon request, the applicant will provide such additional information as maybe required in the course of the review. CBI Sopris View (Parcel No. 2465-272-00-006) 4OitOi15 II. THE NEIGHBORHOOD & SUBJECT PROPERTY (Existing Conditions) The subject property is a 35 acre parcel on W. Sopris Creek Road, and its general location relative to the surrounding environs is depicted on the Vicinity Map provided in Section I, above. The Parcel Identification Number is 2465-272-00-006. The 35-acre parcel is zoned RS-30 (Resource-30 Acre), and lies within the designated "Rural" area of Pitkin County (outside of all Urban Growth Boundaries (UGB)). The property is located on W. Sopris Creek Road just north of Sopris Mountain Ranch. West Sopris Creek and W. Sopris Creek Road both intersect the property. The property is bounded on the north and west primarily by residential properties, on the south by Sopris Mountain Ranch and the Fender Middle Parcel, and on the east by the Fender Middle Parcel and a privately owned agricultural grazing pazcel. The subject property was legally created and configured prior to June 12, 1978, and at no time since has title to any tract adjacent to the subject property been held in the same name or names as title to the subject parcel, all as evidenced by the title research completed by Linda Williams, Title Examiner with Stewart Title of Colorado (attached hereto with Exhibit 1). The proposed Activity Envelope has a "Medium" wildfire hazard rating. This property is not mapped as or otherwise known to be affected by any geologic hazards other than Mancos shale. The proposed Activity Envelope is not affected by floodplains, wetlands or riparian areas, and is not mapped as being subject to hazards associated with avalanches, landslides, rock fall, alluvial fans, talus slopes, expansive soil/rock, ground subsistence, or historical or archaeological resources. The proposed Activity Envelope is well in excess of one-hundred feet from the high water line of West Sopris Creek, and it does not contain any continuous slopes of greater than 30%. The CDOW maps indicate that the property lies within mule deer and elk winter range. However, there are no migration corridors, severe winter range, or winter concentration areas within '/-mile of the property. Although West Sopris Creek is considered a "Blue line" perennial stream and provides habitat for important waterfowl and wading birds, the Activity Envelope is more than three-hundred feet from the high water line of the creek and on the opposite side of West Sopris Creek Road. Moreover, the boundaries of the Activity Envelope will ensure a minimal impact development with complete mitigation. Prior to development, the proposed Activity Envelope will be augmented with a Site Plan Review detailing the parameters for development of the single-family home. In general, the neighborhood in which the subject property is located is largely rural in nature, dominated by open spaces and ranching uses although many of the cots in Sopris Mountain Ranch are developed with moderate to large single-family homes and outbuildings. Homes in Sopris Mountain Ranch tend to be relatively spread out with expanses of open and/or undeveloped land between. Several of the residential lots to the CBI Sopris View (Pazcel No. 2465-272-00-006) Page 3 oooa~s north and east of the property are also developed with moderate to large single-family homes and outbuildings. III. THE PROPOSAL This application requests approvals for an Activity Envelope Review and a GMQS Exemption (for aPre-Existing Lot). Vested property rights are not being requested at this time. The Code explains that the RS-30 (Resource-30 Acres) Zone District is intended to: (1) permit low density, single family residential development and customary accessory uses, while recognizing that natural hazards, wildlife areas, limited utility services, roads, schools, and/or other facilities may constitute constraints on the realization of zoned density; (2) discourage sprawl; (3) encourage clustering of development, preservation of open space and promotion of efficient utility services; (4) preserve agricultural operations and environmental resources; and (S) preserve the rzeral visual quality and character while permitting carefully sited low density development. The RS-30 zoning allows many uses, as specified in Section 4-20, Table 4-1 of the Code, including but not limited to the following permitted principal and accessory uses: single-family dwelling units; farming; farm buildings; ranching; accessory structures with bathing facilities; accessory arts and crafts studios; and, home occupations. The applicant is seeking approvals for development of asingle-family dwelling unit and customary accessory structures with up to 5,750 square feet of floor area. While not specifically requested at this time, the Code also allows development of up to 58 square feet of GMQS- and floor area-exempt, deed restricted "barn" space per acre of land, or approximately 2,030 square feet of exempt barn. The proposed Activity Envelope is located in the southwest corner of the property and will easily accommodate asingle-family residence, customary accessory structures, and associated improvements. No development is proposed to the east of W. Sopris Creek Road or within 100 feet of the West Sopris Creek high water line; in fact, the Activity Envelope is more than 300 feet and across the road from the high water line of West Sopris Creek. This property is not known to be affected by any geologic hazards other than Mancos Shale. The proposed Activity Envelope is not affected by floodplains, wetlands, riparian areas, avalanches, landslides, rock fall, alluvial fans, talus slopes, expansive soil/rock, ground subsistence, or historical or archaeological resources. The proposed Activity Envelope does not contain any continuous slopes of greater than 30%, other than CBI 5opris View (Parcel No. 2465-272-00-006) Page 4 OOQ007 the man-made anomaly that was created as part of the W. Sopris Creek Road construction. From a wildfire hazazds standpoint, Mr. Eric Petterson visited this site and found the area of the proposed Activity Envelope to have a "Medium" wildfire hazard rating, (Exhibit 4). Mr. Petterson recommended specific methods of mitigating the medium- rated wildfire hazard, as outlined in his letter provided herewith as Exhibit 4. The applicant will accept these recommendations as conditions of the Activity Envelope approval. As previously mentioned above, CDOW maps indicate that the property lies within mule deer and elk winter range. However, there are no migration corridors, severe winter range, or winter concentration areas within Y-mile of the property. No riparian habitat or wetlands will be affected by development within the proposed Activity Envelope. No rare, endangered or threatened wildlife species are known or expected to occur on the property. Although some rare plant species may occur on the property, none were found within or adjacent to the proposed Activity Envelope. Even though West Sopris Creek provides habitat for waterfowl and wading birds, the proposed Activity Envelope is on the other side of (west of) W. Sopris Creek Road from the Creek and more than three-hundred (300) feet from the high water line of the creek (See Exhibit 5). The boundaries of the Activity Envelope ensure a minimal impact development with complete mitigation. The proposed Activity Envelope will eventually be augmented with a Site Plan Review for development of one single-family home and associated accessory uses. Section 7-20-120 establishes Scenic View Protection areas that are proximate to and most visible from specific roads in the County, including West Sopris Creek Road. The standards of Section 7-20-120 are designed to minimize the visual impact of new development and preserve the rural character in all Rural Areas of the County. Since the current proposal only involves designation of an Activity Envelope, Scenic Review for the eventual development of a single-family residence and customary accessory structures will take place at the time of Site Plan approval. Pursuant to Section 6-30-100(a) of the Code, the subject parcel is entitled to a GMQS exemption enabling development of one single-family dwelling unit and accessory structures of up to 5,750 square feet of floor area as it was legally created prior to June 12, 1978. Proof of its legal creation prior June 12, 1978 is provided herewith in Exhibit 1. CBI Sopris View (Pazcel No. 2465-272-00-006) Page 5 YU©V170 ~ f ,~ . ~ L` t '' ~ ~, ..,: „ I SITE ,! ~. _' y, "'rY-' k r '.. ~__ ~C_ Ip _~ - ~ _._,>~ t ~ ,a SOPRIS ENGINEERING - LLC ~r r= R~.~~ ~J_, ~, ~_ -":~- ~~_ ~ :; f,-, ~ -, ~ i -, ~ 1 ~, I -, I t J . s: 1r~ /, I ~p OVERVIEW MAP ACTIVITY ENVELOPE PLAN CBI SOPRIS VIE~T, LLC PARCEL A PARCEL OF LAND SITUATED IN THE NW~i4 OF SECTION 27 TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO (PARCEL IDENTIFICATION NO. 2465-272-00-006) A ThIe CBI SOPfl15 NEW, LL0. Slle PIOn and Activity Envelope Plan nos been .e ewee ana approxe br the commm¢y DexloPment mrmtP. uia say of ____~ 2DDq, one is xojeet to LOmmnmly Oewlopment Dbector's Determination No recortled as Rttrotim No community Development Director Y LEGEND -N- ELSIWG iENtE fVSMG FDCE CE Kl£iAnd1 r~ INISnXG blL4FAi y~ E%ISPNC V11111Y POLE SCPE ISS 10 YM Y!N .lp;1D AS[ AWE O5; cA tlS.11EP PLTNIT MVELCPE MEA pE51NIC1ED 10 L.WOSCMINc ~_ Ac11NTY ENVELOPE ANEA NESIMLIED iV VTLITES ACTNtt ENL£LLM AflEA RESiNICRp i0 WIl£WAY/PCCESS .VIU ASVILIAftp rNPRDVENENT$ CML CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 PRDPERTY DESCFIPTIOrv (CBI 5CPR15 NEW. LLC PnFCELI A PARCEL OF LAND LOCATED IN ME N1/2 OF 1NE NWI/4 AND LOT$ 1 AND 2 C£ SECnON 2>, iOMNSMIP 8 sOUIH. FANGE 8] NEST CF THE 6M P.M.. BEING MORE PARIILVLARLY OESLRIBEO AS FOLLOWS'. BEGINNING AT WE NW CO.iNER OF SAID SECTION 2], WENCE 58851Y6~E ALOIrc THE NoRTHEftLr uNE a solo sccnoN z633.]4 EEET m THE CENTERLINE OG 5A10 SECTION 27. THENCE 5192'31"W 1180.03 FEET i0 WE 1RUE PgNT OE BEGINNING. 1HENCE N883425 W 199]].6) FEET; MENCE 500'59'12 W 80500 FEEb iNENCE N89'S~56"E 19]]23 FEET: THENCE N0192'31"E ]52.80 FEET i0 THE TRUE POINT OF BEG'NNING. CWNtt OF PI-(IN. STAff OF COLORA00. rv0iE5 t) Dasis of Mop: The E+iating Conditions Surroy .o supplied by ine owner, prepared by DooN<Iltl $uraey, 136 E. 3rd. 8traet. RIBe Co. 81650. Dated 8-31-06. Soid Bookcdit hey states Inpf "The Contours antl improremenla anown hereon are prodded by Cprtogmpnk Edge. Inc. 501 Ritlgestane Court, Grand Junction. Co. 81503.' 2) Th s mop does not constitute v title searcF by Sapris Engineering LLC (SE) to tletermine o ership o ants of r ord. for all 'nlwmvtim regartl nq ea entas~ignta pf woy antl/ar title vt record, SE rtlied upon the obove amd a .ear eeaermm m note 1. No cne eommrtmmt wm uses in Oe preppratlan pr mis mpP. 3) BvaiS o/ Newtivn: Ana mad elawtion o! ]308.1' on Anqle Paint Na. 2, Trod ]4, o USGLO Bross Cap in place, as Snowrt Per fbe sway outlined in Nate I. 4) Contour Intmwl: Two (2) foot. s) m a map m .oy represents p Imd su .ey plat m boamary suraey of the shown properties. 6) Sopris Engineering L.L.C. supple'nmtatl IFe aurroy worN outlined 'n Nafe 1 with slope analpis m Lbese streets ONNEft(51 WARN NG AND WAVER DSCLA MER Environmental Hvzvrd v xist Mvt mrgM v(ted Ne prcpaty. any impmvemenis, antl the ux and occupancy Mereaf C81 50PR15 NEW, LLC. (MANAGER GREGORRY 5. GORDON) CLERK AND RECGRDER ACCF-iFNrX _ This CBI SCPRIS NEW LLQ Sile Clan and ActMly Envelope Plan M1vs bem ccapted for fling in Me of(ce of the Clerk and Recorder of Pitkin County. Colaratlo, on thin -_ day J 2009. in Plat RoK yy -_ ________ of p08¢. at fteceplion No. ~ T Y .~ Clerk antl Recorder SHEET INDEX 1. 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':v -~ -' / _ ~T N _ ,' ,roxrei~c~uxefOV ~ / // _ - -. / / - - _- - _ :r gym. - - - 1£"" - _ ~ ~ - _ +P ~ ~ _ _ - - ~,\ raw ~:: - - -. ~ _ r_ _ ~ ' i ^. ---' - ,7' _ _.-ice a ~_ - _ ~f~._ _ - ~ / _ -. / 1 W4IER LME ~ f / _ _ ~ ~~. ~ _ r~~(~'~v~y-y,J _ f /~i __ n-G w ~+ i / i i -- - :Y H % i ^~~ ,s E - i ~~ \ .-- \ \ ~/ ~ \ ~. e~ ~^ - ~ ~ ~ - _ ~- NO GATE RETISION CBI SOPRIS VIEIf, L1 ACTIVITY ENVEIAPE PLR eN a xo. uzas o2 OQU010 IV. REVIEW REQUIREMENTS The applicable review standazds of the Code are addressed in this section of the application and in the following order: A) Activity Envelope (§2-30-20(g)(3) and §7-10-50); and B) Rural Character, Environmental Protection, and Natural Hazards (§7-20), including: 1. Site Preparation and Grading (§7-20-] 0); 2. Steep and Potentially Unstable Slopes (§7-20-20); 3. Water Course and Drainage (§7-20-30); 4. Floodplain Hazards(§7-20-40); 5. Geologic Hazards (§7-20-50); 6. Wildfire Hazard (§7-20-60); 7. Wildlife Habitat Areas (§7-20-70); 8. River and Stream Corridors and Wetlands (§7-20-80); 9. Scenic View Protection Areas and Rural Character Guidelines for Building Location (§7-20-]20(d) and (e)); and C) Growth Management Exemption for apre-Existing Lot (§6-30-100). A. Activity Envelope, Sections 2-30-20(¢)(3) & 7-10-50 Pursuant to Section 2-30-20(g)(3) of the Code, An application for designation of an Activity Envelope shall be approved if it complies with the standards and criteria established in Sec. ~-10-50. If the applicant chooses to apply ,for definition of an Activity Envelope separately from approval of a Site Plan, the Activity Envelope shall be designed to accommodate the largest home and related septic field possible on the site pursuant to Table S-1 after the use of TDRs or a GMQS allocation to increase house size. In the subject case, the applicant is applying for designation of an Activity Envelope to build asingle-family home outside of the Urban Growth Boundary, in Pitkin County's designated Rural Area. The property is zoned RS-3Q which is intended for low-density, single-family residential development and customary accessory uses. Development of asingle-family residence is consistent with the intent of the RS-30 zoning. Table S.lA of the Code governs house size and maximum floor area in the Rural Zone Districts and allows for a home of up to 5,750 squaze feet without GMQS allocation or TDR but up to 15,000 squaze feet with such an allotment or approved use of TDR. The applicant is currently seeking designation of an Activity Envelope, without Site Plan Approval, as allowed in Sections 2-30-20(g)(3) and 7-10-50(f) of the Code. CBI Sopris View (Pazcel No. 2465-272-00-006) ©QUU11 While the applicant is not seeking approvals for development of more than 5,750 square feet of floor area, the above-cited standard requires that the Activity Envelope be sufficiently sized to accommodate a home of up to 15,000 squaze feet and its septic field. The proposed Activity Envelope is adequately but not excessively sized. Further, it is understood that prior to the issuance of a Development Permit for the home, the applicant will be required to submit an application for and gain approval of a Site Plan confirming that the proposed development is consistent with the defined Activity Envelope and with other standards of the Land Use Code not being addressed at this time. An application for Site Plan Review will be submitted at a later date. The azea chosen for the Activity Envelope is located in the southwest corner of the property, more than three-hundred (300) feet from the high water line of West Sopris Creek and on the opposite side of West Sopris Creek Road. The proposed Activity Envelope Plan for the CBI Sopris View, LLC Parcel contains a principle Activity Envelope as well as three areas for restricted envelopes, as follows: 1) an Activity Envelope restricted to landscaping and located along the West Sopris Creek Road frontage; 2) an Activity Envelope restricted to utilities for the planned, eventual burying of existing overhead lines; and 3) an Activity Envelope restricted to driveway/access and associated improvements that will accommodate the development of a driveway and associated landscaping, grading and underground utilities extensions. In order for designation of an Activity Envelope to be approved, the standazds and criteria of Section 7-10-50 must be followed. The proposed Activity Envelope assures avoidance of "Constrained Areas" which, according to Section 7-10-SQ include: (iJ Areas of Statewide Interest listed in C.R.S. 24-65.1-101 et. seq.), (ii) steep and potentially unstable slopes, (iii) water courses, drainage channels, and areas subject to erosion, (iv) floodplain hazard areas, (v) geological hazard areas, (vi) severe or low to moderate wildfire hazard areas, (vii) wildlife habitat areas, (viii) river and stream corridors and wetlands (ix) irrigated lands for ,food or crop production, (x) historic preservation areas, and (xi) archeological resource areas. All "Constrained Areas" on the subject property have been avoided, as addressed throughout this application and on the proposed Activity Envelope Plan. The only constraints believed to be present on the entire subject property are a Medium wildfire hazazd, Mancos shale, mule deer and elk winter range, and the habitat associated with West Sopris Creek for important waterfowl and wading birds. Of these, only the medium wildfire hazard, Mancos shale and winter range aze thought to potentially affect development within the proposed Activity Envelope. To ensure consistency with the Code requirements associated with constrained areas, the applicant hired Mr. Jonathan Lowsky (Colorado Wildlife Science, "CWS") to review and evaluate wildlife habitat, and Mr. Eric Petterson (Rocky Mountain Ecological Services, Inc., "RMES") to review and evaluate wildfire hazazds (See Exhibits 5 and 4, respectively). The findings and recommendations of these professionals are explained below and will be followed. CBI Sopris View (Pazcel No. 2465-272-00-006) ~' 000012 Given the standards of Section 2-30-20(g)(3) of the Code (cited above) and between the constrained areas of the West Sopris Creek floodplain, wetlands and riparian areas, and the steep slopes present, there are no potential Activity Envelope sites on the portion of the property located south of West Sopris Creek Road. Furthermore, the driveway approved for the Middle Ranch, LLC property runs through the portion of the subject parcel that is located south of West Sopris Creek Road, further eliminating the potential of locating any Activity Envelope of adequate size there. ,. O UI3 More importantly, CWS found the proposed site for the Activity Envelope to represent the best location for minimizing impacts to wildlife, and the CDOW agreed with this assessment (see email correspondence attached to Exhibit 5). From a wildfire hazard standpoint, the rating associated with any potential location of the Activity Envelope outside of the riparian areas along West Sopris Creek is identical: Medium Hazard. Since the County geologic hazards maps are at a scale of 1 inch equals 24,000 feet, it is impossible to determine the extent to which the proposed Activity Envelope, as compared with any other area of the property, may be affected by Mancos shale unless geotechnical investigations requiring excavation are first undertaken; of course, such excavation work cannot be completed without an Activity Envelope approval. Accordingly, the applicant expects conditions of approval in accordance with Code provisions relative to Mancos shale requiring geotechnical investigation and, to the extent deemed necessary by such investigation, mitigation. This proposal seeks to minimize impacts on surrounding properties, maximize compliance with the requirements of the development standards in Chapter 7 of the Code, and maximize compliance with the Comprehensive Plan goals and objectives. The proposed Activity Envelope Plan adheres to the priorities for location and avoids constrained areas to the extent possible. It is also sensitive to neighbors and the public, in general. The principle Activity Envelope was conscientiously sited to avoid impacting views from and the lives of the existing residential neighbor to the east (Lueck). In addition, the Activity Envelope area restricted to utilities accommodates plans to bury the existing overhead lines, which should be met with favor from both immediate neighbors and those who live nearby. The Activity Envelope area restricted to landscaping is intended to allow for screening of development from West Sopris Creek Road, a Pitkin County-designated Scenic Road; actual plans for screening will remain subject to Site Plan Review. Finally, the Activity Envelope area restricted to driveway/access and associated improvements will accommodate not only the development of a driveway but also any associated landscaping, grading and underground utilities extensions. The driveway will be built to comply with County requirements such as minimum width, maximum grade, etc. while remaining subject to Scenic and Site Plan Review. To provide a driveway that will comply with maximum grade requirements while ensuring the ability to access a residence that is adequately setback to avoid breaking a ridgeline view from West Sopris Creek Road, the additional area represented by this restricted part of the Activity Envelope is necessary. As a result, a small drainage that includes a narrow band of 30%- CBI Sopris View (Parcel No. 2465-272-00-006) Page 8 45% slopes (much less than 100 linear feet) will be crossed and a properly sized culvert will be installed if necessary to ensure continued functioning of natural drainage patterns. B. Rural Character, Environmental Protection and Natural Hazards (Section 7-2~ 1. Site Preparation and Grading, Section 7-20-10 The proposed Activity Envelope ensures consistency with the requirements of Section 7-20-10. In accordance with Section 7-20-] 0(a), Grading and Fill Placement, all grading and fill placement will take place within the defined Activity Envelope and any exceeding 50 cubic yards will be indicated on the Site Plan at the time of Site Plan Review. Pursuant to Section 7-20-10(b), Clearing, Grubbing and Vegetation Removal, all clearing or grubbing of land, or removal of vegetation will take place within the approved Activity Envelope, except for the removal of noxious weeds or requirements necessary for wildfire mitigation, both of which are permitted outside of the Activity Envelope. Compliance with the requirements of this Section and Section 7-20-130 will be documented on the Site Plan to be provided at the time of Site Plan review. Section 7-20-10(c) governs tree removal and mitigation. The applicant understands that each tree with six (6) inches or larger diameter at breast height (D.B.H.) that is removed within the Activity Envelope shall be replaced with one (1) or more trees with total D.B.H. at least equal to the caliper(s) of the tree(s) removed, unless the tree(s) is diseased, or required to be removed for wildfire hazard mitigation pursuant to the provisions of Section 7-20-60. All revegetation shall also comply with the Pitkin County Revegetation Guidelines. The applicant further understands that any required mitigation trees that do not survive for at least one (1) year after installation will need to be replaced. 2. Steep and Potentially Unstable Slopes, Section 7-20-20 Section 7-20-20 of the Code provides standards for the review of development proposed on steep and potentially unstable slopes. Subsection (d) states that development is permitted on slopes with less than a thirty (30) percent gradient. There are no continuous slopes in excess of thirty (30) percent within any portion of the proposed Activity Envelope, other than small areas (of 30%-45% slope) associated with a narrow drainage channel and man-made slopes that were created when W. Sopris Creek Road was built. There are some other isolated, discontinuous spots scattered throughout the property that may exceed thirty (30) percent, but these are either the result of man-made improvements/changes or simple anomalies. The majority of the property consists of slopes between fifteen (15) and thirty (30) percent. The proposed Activity Envelope, in the southwest corner of the property, adjacent to W. Sopris Creek Road is the best available area and is appropriate for development. CBI Sopris View (Parcel No. 2465-272-00-006) Section 7-20-20(c) of the Code states that, except under certain circumstances, development is prohibited on slopes with a gadient of thirty (30) percent or more. Two of these "certain circumstances" are defined in subsections (3) and (5), providing the following two exceptions: [(3) Minor Slope Anomaly.] Through the Site Plan process, exceptions .for minor changes in slope-development may be permitted on lands that have a slope equal to or in excess of thirty (30) percent when the slope is due to the presence of a minor natural or minor mananade change in the gradient of a continuous slope, provided that an engineer or geologist licensed in the State of Colorado demonstrates that the slope's ground surface is not prone to instability or failure and that the proposed development will not cause greater instability or increase the potential for slope failure. [(5) Short Driveway Encroachments.] 77arough the Building Permit process, an exception for short driveway encroachments may be permitted ar follows: (a) This exception may only be utilized where there is no alternative alignment on slopes less than thirty (30) percent and the proposed driveway is free of all of the following hazards.• high hazard avalanche zone (red zone) and moderate hazard avalanche zone (blue zone), landslide areas, or rockfall areas. (b) For a maximum of one-hundred (100) linear feet per lot or parcel, the drivewav may encroach on slopes between thirty (30) percent and a maximum of forty-five (45) percent gradient. The maximum of one- hundred (100) linear feet of permitted encroachment shall be measured along the centerline of the driveway. (c) All development permitted pursuant to this section shall be subject to the development standards of Sec. 7-20-20(c)(1)(a) through (d) Given the County's current and prevailing interpretation of the ridgeline review standards, any motorist, pedestrian or other passerby standing in the West Sopris Creek Road right-of--way directly in front of the residence to be built on the site, must still be able to see in an unbroken fashion all ridgelines behind the structure. Knowing that the RS-30 zoning allows a residence with a ridge height of thirty-three (33) feet, it is estimated that the residence will need to be set not less than one-hundred (100) feet back from the West Sopris Creek Road right-of--way to ensure that ridgeline views will not be broken. In order to access a home with this distance setback while meeting County driveway standards for maximum Bade, a switchback is required on the driveway. The only way of providing a switchback without exceeding maximum gades to access this, the best possible Activity Envelope location on the property, the narrow drainage way must be crossed and re-crossed. Properly sized culverts will be installed if necessary to ensure continued functioning of natural drainage patterns. All other alternatives for access would involve a driveway Bade exceeding County requirements, Beater Q W r, * ~BI Sopris View (Parcel No. 2465-272-00-006) Page ~f lJ rt disturbance to the site, and/or greater impacts on both wildlife and the existing residential neighbor to the east. The proposed Activity Envelope represents the most sensitive solution available for development of and providing access on the subject parcel. As a result, the driveway will cross a very short (approximately thirty (30) linear feet) stretch of 30% to 45% slopes to make the first crossing of the drainage before continuing to and through a switchback on 15%-30% slopes and then re-crossing another twenty (20) or so linear feet of isolated 30%-45% slope associated with the same drainage. As explained above, there is simply no way of reaching an adequate setback into the property from West Sopris Creek Road without causing undue disturbance or crossing any slopes of 30% or greater, but Sopris Engineering has carefully chosen the proposed location of slope crossing to ensure the shortest achievable distance with the least impacts. This short driveway encroachment is completely free of avalanche, rockfall and landslide hazards. As measured in a cumulative manner and along the centerline, the encroachment will total approximately fifty (50) linear feet. Accordingly, this short driveway encroachment is the type permitted under Section 7-20-20(c)(5) of the Code. 3. Water Courses and Drainage, Section 7-20-30 At the time of building permit application, the proposed development of the site will demonstrate maintenance of historic drainage patterns to reasonably preserve the natural character of the site and prevent property damage. The flow of natural water courses will not be impeded (see discussion of driveway drainage channel crossings, above), and adequate drainage will be provided for all low points. On-site treatment of storm water will be designed to detain and allow infiltration of runoff prior to discharge to any water body. All erosion related impacts associated with development of the property will be minimized and addressed as part of the building permit application. Erosion control will be accomplished by minimizing disturbance to natural vegetation and soil cover by ensuring that all cuts and fills are adequately designed and revegetated, and by providing provisions for protection of vegetation from fire. Runoff volumes and peaks within the development site and in areas affected by runoff from the development site will not exceed the levels attributable to the undeveloped site as determined by a professional engineer licensed in the State of Colorado. The drainage related improvements discussed above will also aid in minimizing erosion. The development will not affect irrigation of any agricultural lands, and it will not adversely affect the exercise of any existing and decreed irrigation water right. The property will not be flood irrigated. There will be a County approved on-site ISDS. Sedimentation controls will be implemented before and throughout development, and there will be no runoff into any water body, wetlands, or riparian area. Finally, use and development of the property will comply with all state and federal statutes and regulations concerning the protection and enhancement of water CBI Sopris View (Parcel No. 2465-272-00-006) 00 ~UlU quality, and will be consistent with maintenance of the Stream Classifications for the Roaring Fork River watershed, as identified in Section 208 of the Roaring Fork Watershed Management Plan, while emphasizing the most efficient use of water. This development shall not result in the introduction of any contaminants to groundwater, or interfere with any recharge area or aquifer. There are no irrigation ditches in or above the proposed Activity Envelope. 4. Floodplain Hazards, Section 7-20-40 The subject property is impacted by West Sopris Creek, a "Blue Line" perennial stream. There are no FEMA-depicted floodplains associated with the subject parcel, but there is a FEMA mapped Zone A floodplain associated with West Sopris Creek. "Zone A" means there were no base flood elevations determined. Additionally, the proposed Activity Envelope is located across the street and more than 300 feet (horizontally) from the high water line of the creek; it is also expected that the home site will be approximately eighty (80) vertical feet or more above the creek elevation. 5. Geologic Hazards, Sec. 7-20-50 Section 7-20-50 identifies development standards applicable to specific geologic hazard areas, including avalanche areas, landslide areas, rock fall areas, alluvial fans, talus slopes, Mancos shale, faults, expansive soil and rock, and ground subsistence. The only type of geologic hazard that may affect the property is Mancos shale. Based upon the County's 1041 Hazards Maps the property is within a Mancos shale area. These maps are at a scale of 1" = 24,000 feet and are, therefore, imprecise at best. Prior to building permit application, a geotechnical evaluation will be completed to assess the presence or affect of Mancos shale on the building site. Should Mancos shale be found to affect the building site, the standards of Section 7-20-50(f) of the Code will be followed, including design and construction stabilization and maintenance measures approved by a qualified professional geologist or engineer (licensed in the State of Colorado), and an evaluation of the development's effect on slope stability and shrink- swell properties. The development will be designed to provide adequate surface drainage, and concentrated runoff from impervious surfaces into natural drainages will be avoided unless it is demonstrated that there will be no adverse effects. 6. Wildfire Hazards, Sec. 7-20-60 Development is allowed in low and moderate wildfire hazard areas, if such development complies with the development standards of Section 7-20-60(c). These standards maybe vaned upon recommendation by a wildfire expert. Section 7-20-60 establishes mitigation standards applicable to developments within either severe wildfire hazard areas, or low and medium hazard wildfire areas. The property's proposed activity envelope is in a "Medium" (Moderate) wildfire hazard area. The topography of the Activity Envelope is consistent, and vegetation around the site is CBI Sopris View (Parcel No. 2465-272-00-006) Page 12 Op0017 ' dominated by sagebrush and Utah serviceberry, with some widely scattered pinyon and juniper trees. Based on his site visit and an understanding of the proposed Activity Envelope location, Eric Petterson of Rocky Mountain Ecological Services, Inc. considered the site to have a "Medium" wildfire hazard. However, he found that Severe Hazazd areas exist to the northwest (uphill) of the proposed Activity Envelope. He provided certain mitigation recommendations aimed at reducing the wildfire hazard, as outlined in the report that is attached hereto as Exhibit 4. To the extent that Section 7-20-60(c) includes any mitigation recommendations that, above and beyond those put forth by Mr. Petterson, are deemed to be necessary and are reasonable, the applicant will accept such recommendations as conditions of the approval. 7. Wildlife Habitat Areas, Sec. 7-20-70 Mr. Jonathan Lowsky, owner and Principal Ecologist of Colorado Wildlife Science, LLC (CWS), visited the site of the proposed development and prepared a report that is attached as Exhibit 5. As also provided in an email attached hereto with Exhibit 5, John Groves, District Wildlife Manager with the CDOW, concurs with the CWS findings and conclusions, which are summarized below. The proposed Activity Envelope is dominated by a mountain big sagebrush, Saskatoown serviceberry and mountain snowberry plant community, and development will result in some loss of this habitat type. A nest search was conducted and no raptor nests were located. No raptor nests are mapped or otherwise known by CDOW on or adjacent to the property. There are no federally listed Threatened, Endangered, or Candidate, plants or animal species known or suspected to occur on the property, nor is there critical habitat for any federally listed species occurring on the property. Although some rare plant species may occur on the property, none were found within or adjacent to the proposed Activity Envelope. The CWS report found that it is unlikely that the proposed development would have any significant impact on any rare species or their habitat. The property is not mapped as Canada lynx potential habitat. Although West Sopris Creek is a "Blue line" perennial stream and does provide habitat for waterfowl and wading birds, the Activity Envelope is proposed more than 300 feet from the high water line and should have no impact. CDOW maps indicate that the property lies within mule deer and elk winter range. However, there aze no migration corridors, severe winter range, or winter concentration azeas within %-mile of the property. Likewise, there are no mapped or field-verified production azeas within Y-mile of the property. Since this property is located within deer and elk winter range and within important waterfowl and wading bird habitat, the proposed development will comply with Sections 7-20-70(6), (c), (d)(4), (e)(2), and (f)((2) as outlined below. Section 7-20- 70(6) of the Code provides five (5) principles that need to be considered when delineating an Activity Envelope including, Ck31 Sopris View (Parcel No. 2465-272-00-006) Page 13 ~ oOUV~~ 1. Maintain large, intact areas of native vegetation and habitat area by preventing fragmentation of those patches by development. 2. Protect rare landscape elements such as local(v rare vegetation, unique rock formations, sheltered draws or drainageways, or other features, and guide development towards areas of landscape containing more common elements. 3. Maintain connections among wildlife habitats 1?v identifying and protecting corridors for movement. 4. Contribute to the regional protection of rare species by protecting their habitat locally. S. Minimize the combined and cumulative impacts of activities and development on wildlife species, wildlife habitat, wildlife movement, and unique landscape elements. The proposed Activity Envelope encompasses the southwest corner of the property, located west of West Sopris Creek Road. The proposed Activity Envelope implements the principles of Section 7-20-70(b) by maintaining the majority of the property's 35 acres as open space. The drainage way that will be crossed is not a rare landscape formation, nor is it sheltered but proper engineering will ensure its continued functioning. CWS and the CDOW have agreed that the proposed site for the Activity Envelope is in the best location to minimize impacts to wildlife. The general review standards of Section 7-20-70(c) are provided below in italicized text, with each standard immediately followed by a response. 1. When existing native vegetation must be altered within the Activity Envelope, the applicant may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species. Should there be no opportunity on the property for habitat mitigation or restoration, off-site mitigation benefiting the same species may be required, or,fznancial mitigation may be paid into a Cotmty habitat mitigation,futtd should such a fund be established in tJte future. Native vegetation will be preserved to the maximum extent possible except where management is necessary to reduce wildfire hazards or to accommodate construction activities. Landscaping will be restricted to within the Activity Envelope, subject to Site Plan Review. Any vegetation damaged or removed during construction will be revegetated using native species. In the unlikely event that the County and the DOW feel that financial mitigation would be warranted or appropriate, the applicant agrees to cooperate. 2. Manipulation of vegetation outside of the Activity Envelope is prohibited. There will be no manipulation of any vegetation outside of the Activity Envelope except as may be required for wildfire hazard mitigation and/or weed management. CBI Sopris View (Parcel No. 2465-272-00-006) Page 14 Qa~-l~ l 3. Mesh or woven wire fences are prohibited outside the Activity Envelope. 4. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty four (54) inches in laeight above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (I S) inches between the lower two (2) rails. S. Wire fencing must be three (3) strands or less. The top wire should be a tx~elve- point fve (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) shozzld be located a minimum tx~elve (12) inches apart and,from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches, from the ground. Any fences deemed necessazy will meet or exceed Pitkin County and CDOW wildlife standazds. 6. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (S) per acre whenever possible as nesting and perching habitat. This standard is understood by the applicant, and will be followed to the extent possible in light of wildfire and other hazazd mitigation requirements. 7. In areas of high black hear activity, fruit hearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs. No fruit bearing trees and shrubs will be included in the landscaping. 8. Development shall be clustered to the maximum extent possible to minimize impact on wildlife. All development will occur in the approved Activity Envelope only. 9. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. Access will be provided to CDOW with reasonable notice given to the applicant. 10. Trash/garbage shall be kept in an approved bear resistant container or enclosure. All refuse containers will meet or exceed the Wildlife Proof Refuse Container/Dumpster Enclosure Standazds described in Pitkin County Ordinance Number OI 0-2001 and the 2004 amendment thereto. II, Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10),feet,from the ground suspended between two (2) CBI Sopris View (Parcel No. 2465-272-00-006) OODU°~0 trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. This standazd is understood by the applicant and will be followed. 12. Horse grains, pellets, and cooldes shall be stored in bear resistant containers. Any and all of the above mentioned items will be stored indoors or in bear resistant containers. 13. Petfood shall not be left outside. Pet food will not be left outside, and pets will not be fed outside. Sections 7-20-70(d)(4) of the Code states that there must be a minimum three hundred (300) foot buffer between any building or structure and important waterfowl or wading bird habitat, and that dogs must be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision. Likewise, Section 7-20- 70(e)(2) of the Code provides that, when development is allowed on property within winter range, dogs must be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when outside a required kennel. Section 7-20-70(f)(2) prohibits high impact recreational uses and requires that dogs within or adjacent to winter range be kenneled, except for working dogs when at work. The applicant understands these requirements. As such, no building will be constructed within three hundred (300) feet of West Sopris Creek, dogs will be kenneled as required, and no high impact recreational uses will occur on the property. 8. River and Stream Corridors and Wetlands, Sec. 7-20-80 Pursuant to Section 7-20-80 of the Code, all development must maintain a riparian azea/wetland buffer of at least one-hundred (100) feet, measured horizontally from the identifiable high water line of any "Blue line" perennial streams. Although West Sopris Creek is a "Blue line" perennial stream, the proposed Activity Envelope is more than three-hundred (300) feet from the high water line. Therefore, no development will take place within one-hundred (100) feet of the high water line of West Sopris Creek. 9. Scenic View Protection and Rural Character Guidelines for Building Location, Sec. 7-20-120(d) and (e) Section 7-20-120 establishes Scenic View Protection areas that aze proximate to and most visible from specific roads in the County, including West Sopris Creek Road. The standazds of Section 7-20-120(d) are designed to minimize the visual impact of new development, including expansions to existing structures, as well as to preserve the rural character of all Rural Areas of the County. (~~1((~~ CBI Sopris View (Parcel No. 2465-272-00-006) oV~lU4~ All developments in Rural Areas aze subject to additional guidelines that must be followed, pursuant to Section 7-20-120(e) of the Code. Development in Rural Areas should be located so that activities and development occur in one or a combination of the following locations as they may apply to the particular property: (1) at the edge of an open meadow or pasture; (2) behind an existing stand of vegetation; (3) behind or built into a change in natural topography; or (4) within a pasture or meadow, clustered in the form of a ranch compound, or adjacent to or integrated into an existing ranch compound. The chosen Activity Envelope, in the southwest corner of the property, adjacent to W. Sopris Creek Road is the most suitable portion of the property that is not constrained by slopes or habitat. The property does not contain any open meadows or pastures; the existing vegetation is of an inconsistent, scattered, and/or low-height nature; and the topography of the site is consistent and provides no real opportunities for building behind land features or into natural changes. With all other things being equal, the Activity Envelope site was chosen as the best alternative for minimizing impacts to wildlife and neighbors. For additional discussion of scenic and ridgeline considerations, please refer to the section above addressing steep and potentially unstable slopes. Since the applicant is only seeking Activity Envelope approval at this time, compliance with the standards for scenic review will be fully demonstrated at the time of Site Plan Review, as required. C. GMOS Exemption for Pre-Existin¢ Lots Section 6-30-100 According to Section 6-30-100(a) of the Code, The development of residential floor area on a lot or parcel legally created before June 12, 1978, may be exempted from Growth Management. This GMQS exemption may be zzsed to develop one single- ,family dwelling unit and accessory structures that count as floor area, subject to compliance with all other applicable provisions of this Lazzd Use Code and the following additional standards: (1)If the lot or parcel is not improved with any structures that count as floor area, then the applicant may develop up to the base maximum size permitted by Table S- 1 on the lot or parcel tlaat is exempt, from Growth Management. The title work and analysis prepared by Stewart Title of Colorado (see Exhibit I) shows that this property was legally created prior to June 12, 1978. The analysis further demonstrates that the parcel has at no time merged with any adjacent parcels. Therefore, development of asingle-family home of up to 5,750 square feet on this pre-1978 parcel is exempt from Growth Management. CBI Sopris View (Parcel No. 2465-272-00-006) Ot?U022 EXHIBITS Exhibit 1: Title Work Demonstrating Proof of Ownership, the Parcel's Legal Creation Prior to June 12, 1978, and its Unmerged Status Exhibit 2: Letter of Authorization for Haas Land Planning, LLC to Represent the Applicant Exhibit 3: Pre-Application Conference Summary Exhibit 4: Wildfire Hazard Review by Rocky Mountain Ecological Services, Inc. Exhibit 5: Wildlife Habitat Assessment by Colorado Wildlife Science (CWS), and an Email from John Groves of the Colorado Division of Wildlife (CDOW) Exhibit 6: Executed Agreement to Pay Form PID No. 2465-272-00-006 ~OUO`l3 BIT LTG Policy No. LTF162000472 Fonn Our Order No. Q62000472 Schedule A Amount $1,250,000.00 Properq~ Address: WEST SOPRIS CREEK ROAD DASALT CO 81621 1. Policv Date: October 15, 2007 at 5:00 P.~9. 2. Name of Insured: CBI SOPRIS VIEW, LLC, A FLORIDA LIMITED LIABILITY COMPANY 3. The estate or interest in the land described or referred [o in this Schedule and which is covered by this policy is: A Fee Simple 4. Title to the estate or interest covered by this policy at the date hereof is vested in: CBI SOPRIS VIEW, LLC, A FLORIDA LIMITED LIABILITY COMPANY $. The Iand referred to io this policy is described as follows: SEE ATTACHED "EXHIBIT A" FOR LEGAL DESCRIPTION This Policy valid only if Schedule B is attached. Land Title Guarmttee Company Representing Old Republic National Title Insurance Company i • 00004 No. LTFI62000472 Our Order No. Q62000472 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THEN 1/2 OF THE NW 114 AND LOTS 1 AND 2 OF SECTION 27, TOWNSHIP 8 SOUTH, RANGE 87 NEST OF THE 6TH P.fvl., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEG]NNING.4T THE NW CORNER OF SAID SECTION 27, THENCE SOUTH 88 DEGREES 51'18" EAST ALONG THE NORTHERLY LINE OF SAID SAID SECTION 2633.74 FEET TO THE CENTERLINE OF SAID SECTION 27, THENCE SOUTH 1 DEGREE 02'31" WEST 1180.03 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 88 DEGREES 3d'25" WEST 1977.67 FEET: THENCE SOUTH 0 DEGREES 59'12" WEST 805.00 FEET: THENCE NORTH 89 DEGREES 54'56" EAST 1977.23 FEET: THENCE NORTH 1 DEGREES 02'31" EAST 752.80 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. OOUJ25 Form AO/ORT Our Order No. Q62000472 Schedule B LTG Policy No. LTF162000472 This policy does no[ insure against lose or damage by reason of the following: 1. Rights or claims of parties iu possession not shown by dte public reuxds. ?. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area. encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not sho++m by the public records. 4. Auy lien, or right to a lieu, for services, labor, or ma[erial theretofore or hereafter furnished, imposed by law and not shown by dte public records. 5. 2007 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE. 6. RESERVATIONS AND RIGHTS OF W'AY AS CONTAINED IN PATENT OF THE UNITED STATES RECORDED JULY 20, 1943 IN BOOK 167 AT PAGE 511. 7. RESERVATIONS AND EXCEPTIONS AS CONTAINED IN DEED RECORDED IN BOOK 172 AT PAGE 40. 8. RESERVATIONS FORA 50 FOOT WIDE ROAD EASEMENT AND A 15 FOOT WIDE UTILITY EASEMENT INSIDE ALL BOUNDARIES AS CONTAINED IN DEED RECORDED OCTOBER 25, 1974 AND RE-RECORDED APRIL 5, 1976 IN BOOK 310 AT PAGE 391. 9. HOLY CROSS ELECTRIC RIGHT OF WAY EASEMENT RECORDED JUNE 25. 1971 IN BOOK 258 .4T PAGE 102. ]0. TERbIS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED M.AY 11, 1993 IN BOOK 711 AT PAGE 817. I I. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT OF ANY RIGHT, TITLE OR INTEREST AS SHOWN ALONG THE SOUTHERLY BOUNDARY LINE ON SURVEY DATED JULY 13, 2007 BY BOOKCLIFF SURVEY SERVICES, INC. AS PROJECT q 07142-01. 12. DEED OF TRUST DATED SEPTEIv1BER 14. 2007, FROlv1 CBI SOPRIS VIEW, LLC, A FLORIDA LLMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF WELLS FARGO BANK, NATIONAL ASSOCIATION TO SECURE THE SUIvI OF $825,000.00 RECORDED OCTOBER I5, 2007, UNDER RECEPTION NO. 543099. ©DUO ~~i oouo~~ STEWART TITLE OF COLORADO Aspen Division 620 E Hopkins Ave., Aspen CO 81611 970-925-3577 May 28, 2009 Retercnce: Property Prearntly Owned by CBI SOPRIS VIEW, LLC A FLORIDA LIMITED LIABILITY COMPANY To Board of County Commissioners, Pitkin County, Colorado Based upon a search of the appropriate real estate records of Pitkin County, Colorado, Stewart Title of Coorado-Aspen Division hereby certified that at no time since June, 1978 has titk to any tract adjacrnl to the property described below, been in the same [tame or names as said described tracts That property described in the Deed recorded as Reception No. 543098. Parcel No.. 2465-272-000W The property described was described as it is presently and in the deed above referred to since March l7, [978. A copy of Warranty Deed recorded March 17, 1978 in Book 344 at Page 929 is attached. This statement is neither an abstract, opinion [tor guaranty of title and is intended specifically and exclusively for the use of the Board of County Cotttmissioners of Pitkin County in determination of"merger of title" or lack thereof as said "merger" relate to the applkabk statutes, ordinances and restrictions of jurisdiction. It is understood and agreed that Stewart Title of Colorado, Asprn Division, neither assumes, nor will be charged with any financial obligations or liability whatever on any statemrnt contained herein. Cordially, (/ ,. ,, , Linda Williams, Title Examiner ~UUJ~~ REdRZONp: 5e309l, 10/15/7007 •t 31:13:03 AM, 1 OP 2, R $11.00 OP 8125.00 .l•nlu R. Vo• Gu0111, Di tkin County, W WARRAMY D~ERD 7NIS D6iD, duetl Septerher JZ, 1007 bewwmi Cmnlu BA•T6NP51La •W CYIr1eDA BRM51T HA•15Rf511]FA. Or•rar, d cHl Saner vew, LLC.. Flaia Ifioiedl O.NIt1y enay.ny, Omaa, vMr kpl eddtnr b d• 601 E. Hyena Avemie, Arpm, ~ F ~ /` `i eo CO p1611. 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Yeh Irn r r•ar. ehrMre eer of W mrrerdrerref srr ser• rt. 1a s+eeYeaf W seeress Yew r•rss(r r aced. w e'•htR serYY r m.r.ere.Irr,rr..rr. rrMrrrw 1r.l .laic ri Mrrwrslsl hlfeltedlle •~ r r ~A Itl r r rr.rr W d..r sslierr r alsst ~` .6m.ItrarWsrrmtrrdm e.w .O f..r W rir amr.r~R rlr. W. sere. r mr•rrre 1 ~1tre.r hYd r ern mrs wt~aet is 0•Sted St•TA Ataat• of teased fa Seep 1,67. hp 511i whlaet to •Letrla taamedaaim wewlr L Boot 256, f•S• 102i wlVmt to td Sat1•e•1 tQ far 19'.M Pa7ah7a Aa. 1. 19797 r e.sirer,s.rd eetrler ear wht W Mrrr. Mtrwlr et r W srelr of dr rer M4 •slr aW erltsltae~Wr.'eq wer.rs..r rsrberYdyrrerr er erar4 Mr YrK e+tW ~rtlrtMwrtnr.aw.na~ttrr.emrofuvse•anra r O1t-O7lOS p1lSpryesW SSet 1w ettrf'm smr w irmrm tladYt.d • r • Y 4 r rM art Ywe w•IM t •IMed.Srhdrtltoryr W i7~e..f .~ ~e~l Atn Serll•a!s ---_ rnmrrr rr..rr.drr.mtir alSrmtt r-~ leak L rir11r!• sad Ataa 7'14faed• a bdtal tte ••r m Atka J. 4'r ~'. .s'/l t-•emmrrrarlerL ~. r _ tU:l1C' s Vim... ~e S .»t~ ~'~~'~` arnrr 00031 EXHIBIT Z Pitkin County Community Development Dept. 130 S. Galena Street Aspen, CO 81611-1975 RE: CBI Sopris View, LLC (PID No. 2465-272-00-006) --- Application for Activity Envelope Approval and GMQS Exemption To whom it may concern: As the above-captioned property owner's agent with power of attorney, I hereby verify that Haas Land Planning, LLC (HLP) is authorized to act as designated and authorized representative for the approvals captioned above. HLP is authorized to submit an application for the approvals listed above and any incidental approvals associated therewith. HLP is also authorized to represent us in meetings with Pitkin County staff, the Hearing Officer, the Planning and Zoning Commission, and the Board of County Commissioners. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included in the application. Yours truly, ,~ '~ Gregory S. Gordon, Manager CBI Sopris View, LLC 601 E. Hyman Avenue Aspen, CO 81611 (970)925-1936 001-~32 PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff PHONE: (970) 920-5093 LOCATION: West Sopris CreekRD APPLICANT: CBI Sopris View LLC REPRESENTATIVE: Mitch Haas DATE: 5/18/09 E-MAIL: suzannew(cilco.pitkin.co.us PID# 246527200006 ZONE/SIZE: RS-30/35 ac EMAIL: mhaas@sopris.net Type of Application: Activity Envelope Review Description of Project/Development: The Applicant proposes to establish an activity envelope on the northwest side of West Sopris Creek Road for eventual construction of a single family residence. Site Plan approval was granted for a driveway on the east side of the road to provide access to the Middle Ranch LLC property. The Applicant is requesting approval of an activity envelope without a vested right. • 2-30-20(g)(2): Activity Envelope Criteria for Approval • 6-30-100(a): GMOS Exemption • 7-10-50: Activity Envelope • 7-20-10: Site Preparation and Grading • 7-20-20: Steep and Potentially Unstable Slopes • 7-20-30: Water Courses and Drainage • 7-20-50(f): Geologic Hazards -mapped Mancos Shale • 7-20-60: Wildfire Hazard -Mapped in a Low/Medium Wildfire Hazard Area • 7-20-70: Wildlife Habitat: Within mapped elk and mule deer winter range Staff will refer the application to the following agencies: Emma Caucus, Basalt Fire District, Planning Engineer, and CDOW Review by: Community Development Director Public Hearing: NO. FEES: $3,019 (make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $2,495 (non-refundable; based on 10 hours of staff time. If staff review time exceeds 12 hours, the Applicant will be charged for additional time above 10 hours at a rate of $249/hour) o Planning Engineer: $499 o Web Technology Fee: $25 To apply, submit 5 conies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" and 11" by 17" Activity Envelope Plan as designated in Section 2.1.1 of the Pitkin County Land Use Application Manual 3. Technical Reports as designated in Section 2.1.1 of the Application Manual (as applicable) 4. Documentation that parcel was legally created and has a development right exempt from Growth Management as identified in section 1.3 of the Pitkin County Land Use Application Manual; 5. Proof of non-merger OOIlJ33 6. Street address and parcel description, including legal description, and 8-1/2"x 11"vicinity map locating the subject property within Pitkin County; 7. Total fee for review of the application 8. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (1 copy -form attached); 9. Consent from owner(s) to process application and authorizing the representative (1 copy) 10. This Pre-Application Conference Summary Sheet (1 copy) NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (lF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. - ALL MAPS SHALL BE FOLDED. One copy of submittal materials shall have all documents in format no larger than 8 1/2" by 11 ". - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information maybe required upon a complete review of the application. - The Land Use Code is available on-line at htfp://www.asnenpitkin.com/devts/71/ - The Land Use Application manual is available on-line at http•//www asaenpitkin com/ndfs/deats/7/Land Use Application Manual pdf OG~l~J34 ~ ~ Mitch Haas, AICP Haas Land Planning 201 N. Mill St. Suite 108 Aspen, CO 81611 May 11, 2009 RE: CBI Sopris View- Wildfire Hazard Review Dear Mr. Haas Please submit this letter with your application to Pitkin County. I visited the CBI Sopris View property (Parcel ID Number 2465-272-00-006) in Pitkin County, on May 5, 2009 with Mr. Mitch Haas, the owner's representative. Mr. Haas is preparing a hazard assessment for the construction of a single family residence on the property. The proposed site is considered "Medium Hazard", but Severe Hazard areas exist to the north (uphill) of the homesite. The topography around the homesite is generally around 10%. The fuels were generally continuous, being dominated by sagebrush, Utah serviceberry, with some widely scattered pinyonfjuniper trees. Therefore, the following Mitigations are recommended for any new construction: I. Defensible Space As during construction most of the vegetation within at least 15' of the homesite will likely be removed, re-planting of vegetation must adhere to the following: `' 1. No additional conifers shall be planted within 20' of the home. 2 Spacing between Gumps of shn perimeter around the homesite. original foliar cover within a 50' aesthetically pleasing manner, with more thinning occurring near the home, and less thinning being required further from the home. 3:1 Vegetation around the house should be kept to less than 6" within 20' of the structures, aside from irrigated forts and grasses. 4. ~ From 30 feet from the home to 100' feet from the home, remove dead and down woody debris, and prune dead branches from shrubs up to fi feet.~~Thinlshrubs to fi0% of shall be 2 times the height of the fuel, out to a 30' maining clumps should represent 40% of the meter.~~~Thinninn of shrubs may be done in an PO BOX 833 GLF..NVUOOll SPRINGS • COLORr\ll0 S1G02 PHONE/FAX: (970) 945-9558 CELL: (970) 309-4454 lIviA1L: EPET'CERSONQ,RMES-INC/COM \\'W'\YJ.RRIES-INC.COM C CBI Sa~irir 17ew- U%'ild~/r"rc Na~~rr1 Rrrdru~ S/ 11 /21109 original foliar cover, and again, thinning could occur in an aesthetically pleasing manner. 5: ~ Installed or native landscaping within 20' of the house should not contain any brushy species- only grasses or forbs are allowed ~vFlammable mulches (wood chips) are not allowed within 2' of the houseVAspen trees are allowed near the house, as long as they are not within 10' of the structure, and are kept limbed to 10' (unless the trees are less than 10' tall). JVa trees of any species may be within 15' of any window. '~ 6. The property owner shall be responsible for the continued maintenance of the above listed vegetation requirements. II. Access 1. Access driveway shall be built to County Standards, but a looped driveway is not required. A "hammer-head" or cul-de-sac tumaround must be present near the home. 2. Cul-de-sac turnaround pad shall have a minimum of a 30' foot drivable surface inside turning radius. 3. Thin back shrubby fuels 10 to 15' on either side of the driveway, removing 60% of the existing foliar cover. This may be done in an aesthetically pleasing manner. No coniferous trees are allowed within 20' of either side of the driveway. III. Water Supply for Fire Safety 1. All structures greater than 5,000 square feet in size shall be required to install in- house sprinkler systems that meet the standards of the local fire protection district and the IBC. At building permit submittal, the local fire protection district may require smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of proximity to fire protection services. IV. Roofing Materials, Roofing Vents and Projections at and Below Roof Line a) Flat Roof Standards Roofs with less than a 3:12 pitch are not permitted in Medium Wildfire Hazard Areas unless it complies with the following: 1. All roof coverings shall be constructed of non-combustible materials and installed on a Class A assembly. 2. All roof coverings shall have a surface that facilitates the natural process of cleaning roof debris. 3. Protrusions above the roofline, such as parapets, shall be prohibited. 4. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. ~~.~.. ..< ~'~ ~.~ _ ~ ~~~~~ ~ ~ ~ a r ~ y V 'fi.y .. ~r ~ j r . r.~ + ai . ~ ^~' yr . •~ Rocl.~' MouxrnrN Ecot.c~clc.,u. S~RVicas, Ixc < 81 C f~ ~ I ~ -- I1 'ilrl/" I f ~ ml Rerrnn ~ / 17; ?009 b) Roofing Materials 1. Class A covering or Class A Assembly as defined by the currently adopted building code is required. 2. No wood shakes or shingles. c) Roof Venting 1. Soffit venting shall be located in the outer 113rd portion of the overhang. 2. Attic, soffit and other roof venting shall be of non-corrosive metal mesh with maximum Y." openings. d) Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: 1. Sheath with non-combustible materials, or 2. Combustible materials underlain with 5/8" Type X gypboard or equal, or 3. Minimum 4x6 rafters with 2x T&G decking. e) Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: 1. Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. V. Maintenance and Miscellaneous Requirements a. Roofs and gutters shall be kept clear of debris. b. Yards shall be kept clear of all litter, slash and flammable debris. c. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. d. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height of not more than six (6) inches. e. Firewoodlwood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. f. Swimming pools and ponds shall be accessible by the local fire district. g. Fences shall be kept clear of brush and debris. h. Wood fences shall not connect to other structures. i. Fuel tanks shall be installed underground within an approved container. j. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire- resistive construction on the exterior side of the walls. k. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. I. Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on anon-combustible surface. R( H'.f:A' ,i~(U('&'I511 J I iCULOGiCAL SI'AV If:G9, 1NC ODllO37 C:BI S~nr 6 7ex~- II%rldfire Ha~rrl Rmvew i l 11 /2009 The standards stated in 7-20-60 Wildfire Hazards, has been slightly modified for the conditions at this property. Thank you for this opportunity to comment on this property, and please feel free to email if you have any questions. Sincerely, OgttalhsglwdMEXC Vertelwn kel Servkas, M, ou, Eric Petterson ~`~`~`°'~''"°""~° enrleepewersonwrnwslllCSOm.<=U6 Owe: 2 W 9A3.1 111:31 U3 -06'00' Eric Petterson Rocky Mountain Ecological Services, Inc. ROCk'e MOIJNTr\IN ECOLOGICAL SERVICES, INC D 0 ~-1l 3° EXHIBIT Ecological Assessment of Residential Development for County Activity Envelope & Site Plan Review CBI Sopris View, LLC Property Pitkin County, Colorado May 13, 2009 Report for: CBI Sopris View, LLC 56 Haas Land Planning, LLC 201 N. Mill Street, Suite 108 Aspen, CO 81611 Report By: Colorado Wildlife Science, LLC Jonathan Lowsky, MS 0100 Elk Run Drive, Suite 128A Basalt, CO 81621 ~ ~- uu~~39 Ecological Assessment CB! Sopds Vlew, LLC PropeRy May 74, 2009 Table of Contents 1.0 I N TR O D U CT I O N ...............................................................................................................................1 2.0 METHODS ...........................................................................................................................................1 3.0 SITE DESCRIPTION ..........................................................................................................................1 4.0 WILDLIFE HABITAT AREAS - §7-20-70 ........................................................................................1 4.1 SIGNIFICANT MOUNTAIN $AGF, ASPEN, AND MOUNTAIN SHRUB DOMINATED HAEITA'I' .............. ........I Q.2 NEST/ROOST BUFFER ..................................................................................................................... ........2 4.3 INTF%NS IV E USE BUPF'ER ................................................................................................................. ........2 4.4 RARE, THREATENED R' ENDANGERED SPECIES .............................................................................. ........2 4.4.1 Canada Lynx (FT/SE. GS/SI) ....................................................................................................................... .........2 4.S IMPORTANT WATERFOWL AND WADING BIRD HABITAT.AREA ..................................................... ........2 4.6 WILDLIPEMIGRATIONCORRIDORS,SEVEILEWINTERRAN(iF.,R'WINTERCONCENTRATION ........ ........2 4.7 PRODUCTION AREAS ...................................................................................................................... ........2 4.8 BLACK BEARS ............................................................................................................................... ........3 4.9 RIVER/STREAM CORRIDORS RC WETLANDS ................................................................................... ........3 5.0 CONCLUSIONS .................................................................................................................................3 6.0 POTENTIAL EFFECTS OF THE PROPOSED PROJECT .............................................................3 7.0 RECOMMENDATIONS ....................................................................................................................3 7.0 LITERATURE CITED .........................................................................................................................6 MAPS ..........................................................................................................................................................7 PHOTOS ...................................................................................................................................................11 APPENDIX A: CDOW NDIS SEASONAL ACTIVITY AREA DEFINITIONS .........................13 COLORADO WILDLIFE SCIENCE, P~ ©0040 Ecological Assessment CB! Sopris View, LLC Property May 14, 2008 Maps Map 1. Aerial view ....................................................................................................................... 8 Map 2. NDIS mapped mule deer seasonal habitats ................................................................ 9 Map 3. NDIS mapped Rocky Mountain elk seasonal habitats ............................................ 10 Photos Photo 1. Height of forage shrubs is contraindicative of heavy winter use ........................ 12 Photo 2. Browse on preferred forage shrubs like this serviceberry is light .......................12 COLORADO WILDLIFE SCIENCE, LLC P~ UUUllXl Ecological Assessment CBI Sopris View, LLC Property May 14, 2009 G~l;u~t2 1.0 INTRODUCTION This report presents an evaluation of the wildlife, wildlife habitat, and ecological resources of the CBI Sopris View, LLC Property(Parcel ID#2465-27z-oo-o06) at West Sopris Creek Road (the Property) and assesses the effects of the proposed action on those resources. This analysis addresses significant, present wildlife use of the Property, evaluates potential effects of development on wildlife and other important ecological resources, and recommends actions to reduce ecological impacts. This report provides all Wildlife Habitat Area and Vegetation Protection information required by Pitkin County for Activity Envelope and Site Plan Approval. Constrained Areas as defined by the Pitkin County Land Use Code (LUC) addressed in this report include: critical wildlife habitat; severe winter range, and/or winter concentration areas; wildlife migration corridors or habitat; wildlife production, birthing or calving areas; important waterfowl and wading bird habitat areas; significant mountain big sagebrush, aspen, and mountain shrub dominated habitat; and rare, imperiled, sensitive, threatened, or endangered species critical habitat (§7-20-70). 2.0 METHODS This assessment is based on: 1) An evaluation of the Property and surrounding area; 2) GIS analysis of current Colorado Division of Wildlife (CDOW) Natural Diversity Information Source (NDIS) Species Distribution Maps (CDOW 2008a); (3) on-site consultation with John Groves, CDOW District Wildlife Manager, Carbondale; and (4) the author's experience in recognizing, avoiding, minimizing, and mitigating potential impacts of development and recreation on wildlife and other ecological resoumes in the West Sopris Creek drainage. 3.0 SITE DESCRIPTION The Property is situated in the North-Central Hil;hlands and Rocky Mountain Section of the Southern Rocky Mountains Steppe -Open Woodland -Coniferous Forest -Alpine Meadow Physiographic Province (Bailey 1976, Omemilc 1987, Bailey 1995, Bailey et al. 1998). Elevation of CBT Sopris View, LLC Property ranges from approximately 7,243 to 7,824 feet above mean sea level and lies within Section 27 of Township 8 South, Range 87 West of the 6`h Principle Meridian. The Ranch consists of relatively flat to moderate and steep slopes. West Sopris Creek flows south-southeast to north-northwest across the east side of the Property (Map 1). West Sopris Creek Road bisects the Property west of the creek. Aspect west of the creek is primarily southeasterly, while east of the creek the aspect is primarily northwesterly. 4.0 Wildlife Habitat Areas - §7-20-70 4.1 Significant Mountain Sage, Aspen, & Mountain Shrub Dominated Habitat The proposed activity envelope is dominated by a mountain big sagebrush -Saskatoon serviceberry mountain snowberry plant community. Development of the Property will result in some direct loss of this habitat type. COLORADO W ILDLIFE SCIENCE, P~ Ecological Assessment CBI Sopris View, LLC Property May 14, 2009 4.2 Nest/Roost Buffer A nest search was conducted during the site assessment and no raptor nests were located. No raptor nests are mapped or otherwise known by CDOW (J. Groves, personal communication) on or adjacent to the Property. 4.3 Intensive Use Buffer No intensive use is proposed on the Property. 4.4 Rare, Threatened & Endangered Species No Endangered or Threatened wildlife species are known or suspected to occur on the Property. The LUC defines rare (and/or imperiled) species as "...those plant communities and animal species ranked G3, S3, G2, S2, Gl or S1 by the Colorado Natural Heritage program." Although some rare plant species may occur on the Property, none were found within or adjacent to the proposed activity envelope. It is unlikely that the proposed development will have any significant impact on any rare species or their habitat. 4.4.1 Canada Lynx (FT/SE, G5/S1) CDOW defines Canada lynx (Lynx canadensis) potential habitat as follows: "Those areas having the highest potential of [Canada] lynx occurrences in the state. These areas usually contain positive, probable, or possible reports" (CDOW 2007). The Property is not mapped as Canada lynx potential habitat. 4.5 Important Waterfowl and Wading Bird Habitat Area West Sopris Creek does provide habitat for waterfowl and wading birds such as spotted sandpipers. The activity envelope, however, is proposed across West Sopris Creek Road more than three hundred feet from its high water line and should have no from the creek and should have no impact on this resource. 4.6 Wildlife Migration Corridors, Severe Winter Range, & Winter Concentration ----- ------------ --------- Mule deer (Odocoileus hemionus) occur on the Property throughout the year and Rocky Mountain elk (Celvus elapl:us) occur on the Property only in spring and fall as they migrate between summer and winter range (Maps 2, 3). The site assessment revealed that CDOW winter habitat mapping is relatively accurate. The area west of the road is indeed used by both deer and elk in winter. Shrub height (Photo l) and light browse (Photo 2) indicates that use is relatively light. Tracks and scat are present but there are no heavily used game trails. There are no migration corridors, severe winter range, or winter concentration areas within a Y-mile of the Property. 4.7 Production Areas For mapping purposes, CDOW defines elk production areas as follows: "That part of the overall range of elk occupied by females from May 15 to June 15 for calving (CDOW COLORADO WILDLIFE SCIENCE, LLC p, OOfi43 Ecological Assessment CBI Sopris View, LLC Property May 14, 2009 2008c)." There are no mapped or field verified production areas within a Y mile of the Property. 4.8 Black Bears The Property lies within excellent black bear (Ursus americarzus) habitat and bears are common on and around the Property particularly in the fall. 4.9 River/Stream Corridors 8~ Wetlands West Sopris Creek is a "Blue line" 3rd order perennial stream. The proposed activity envelope is more than 300 feet from the high water mark of the creek. 5.0 CONCLUSIONS The site assessment, field observations, and GIS analysis revealed the following: 1. The CDOW NDIS data pertaining to the Property are relatively accurate given the scale at which they were created. a. While winter and summer ungulate habitat mapped by CDOW is generally accurate. The primary uses aze light winter use, transition, and summer mule deer use. b. There are no winter concentration areas, severe winter range, migration corridors, or production areas within a '/<-mile of the Property. 2. No raptor nests were found or otherwise known within Y mile of the proposed activity envelopes. 3. No raze, Threatened, Endangered, or Candidate species will be affected by the proposed residential and infrastructure development of the Property. 4. No structure is proposed within rare, Threatened, or Endangered species critical habitat. 6.0 POTENTIAL EFFECTS OF THE PROPOSED PROJECT Given the above assessment, the proposed development will not significantly affect important wildlife habitat. The proposed development will result in the direct loss of some mule deer summer range, mule deer and elk winter range and mountain big sagebrush habitat. 7.0 CDOW CONCURRENCE I met with John Groves, CDOW District Wildlife Manager, at the Property on May 13, 2009 and presented him with my assessment. Mr. Groves concurred and stated that that the development of the proposed activity envelope will have minimal impacts to wildlife. COLORADO W ILOLIFE SCIENCE, LLC p, p0~1t~44 Ecological Assessment CBI Sopris View, LLC Property May 14, 2009 8.0 RECOMMENDATIONS l . The activity envelope should be as small as possible to reduce the loss of native sagebrush habitat. 2. Dog restrictions: a. Dogs should be restricted to a fencexi enclosure (i. e., kennel) within. the activity envelope. b. Dogs should be leashed at all times when outside of the activity envelope. c. Dogs of guests should be required to comply with these restrictions. d. Contractors should be prohibited from bringing their dogs on site during construction even if kept within their vehicles. 3. Black Bears: a. All refuse containers should meet or exceed the Wildlife Proof Refuse Container/Dumpster Enclosure Standards described in Pitkin County Ordinance # 010-2001 and the 2004 amendment to that ordinance. b. Fruit-bearing trees and shrubs should be avoided in any landscaping within the residential lots. c. Pets should not be fed outside. d. Wherever possible, lever style door handles should be avoided on the exterior of the house. e. Bird feeders should be avoided from April through November. £ Composting should be restricted to yard waste (e.g., leaves and grass clippings). Food waste will be prohibited within compost. 4. The following fence restrictions would reduce the ecological impacts of development: a. Fences on the Property should be kept to a minimum. i. All fencing should be restricted to the the activity envelope. b. Any fences deemed necessary should meet or exceed Pitkin County and CDOW wildlife standards: i. Wood rail fencing should employ three (3) rails or less, be the round or split rail type, should not exceed fifry-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and should have at least eighteen (18) inches between the lower two (2) rails. ii. Wire fencing must be three (3) strands or less. The top wire should be a twelve-point-five (12.5) gauge b~isted barbless type at a maximum height of forty-two (42) inches. 'The middle strands (which maybe barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground to facilitate movement of fawns and elk calves as well as other wildlife. 5. Native vegetation: COLORADO WILDLIFE SCIENCE,LLC p 4 00045 Ecological Assessment CBI Sopris View, LLC Property May 74, 2009 a. Native vegetation, particularly sagebrush, should be preserved to the maximum extent possible outside of the activity envelope except where management is necessary to reduce wildfire hazards. b. Landscaping should be restricted to the activity envelope. c. An orange safety fence should be; placed around the activity envelope during construction to prevent any unnecessary vegetation disturbance during construction. d. Vegetation disturbed outside the approved activity envelope should be revegetated according to the currerLt Pitkin County Revegetation Guidelines. e. Following construction, naturally occumng vegetation should not be disturbed outside of the activity envelope except as necessary for normal agricultural and ranching activities. f. No livestock, including horses, should be kept, pastured, or corralled on the Property to avoid additional loss of wildlife habitat. 6. Noxious weeds should be managed by means of an Integrated Weed Management strategy according to the current Pitkin County Weed Management Plan. 7. Residents should be provided with educational material pertaining to local wildlife (e.g., CDOW brochures entitled "Living with Wildlife in Bear Country" and "Developing with Wildlife in Mind"). COLORADO W ILDLIrE SCIENCE, LLC p. uUUiJ46 Ecological Assessment CBI Sopris View, LLC Property May 74, T009 7.0 LITERATURE CITED Bailey, R. G. 1976. Ecoregions of the United States. USDA Forest Service, Washington, D.C. Bailey, R. G. 1995. Description of the ecoregions of the United States, 2nd edition. U.S. Dept. of Agriculture, Forest Service, Washington, DC. Bailey, R. G., United States Geological Survey, and United States Forest Service. 1998. Ecoregions of North America. in. U.S. Dept. of Agriculture, Forest Service, Washington, D.C. CDOW. 2007. Colorado Species Distribution Maps Metadata. Available online at htto://ndis.nrel.colostate.edu/. in. Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins, CO. CDOW. 2008a. Colorado Species Distribution Digital Data. Available online at ham://ndis.nrel.colosta[e.edu/. Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins, CO. CDOW. 20086. Colorado Species Distribution Maps - Elk. Available online at h[tp~//ndis nrel colostate edu/ftn/data/sam/elk ziD Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins, CO. CDOW. 2008c. Colorado Species Distribution Maps Metadata - Elk. Available online a[ h_ttp://ndis.nrel.colosta[e.edu/ftp/data/sam/meta/elk.html. Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins, CO. CDOW. 2008d. Colorado Species Distribution Maps Metadata - Mule Deer. Available online at ht[p://ndis.nrel colostate edu/ftp/data/sam/meta/deer html. Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins, CO. Omemik, J. M. 1987. Ecoregions of the conterminous United States. Map (scale 1:7,500,000). Annals of the Association of American Geographers 77:118-125. Pitkin County. 2006. Pitkin County Code (July 2006). Title 8, Chapter 7, Section 7-20-70. in. Pitkin County, Aspen, Colorado. Seidel, J. W. 1977a. Elk calving behavior in west central Colorado. Pages 38-40 in Colorado Division of Wildlife, editor. Proceedings of the Western Stales Elk Workshop. Colorado Division of Wildlife, Denver. Seidel, J. W. 19776. Elk calving habitat. in USDA Farest Service Handbook 2509.25 -Watershed Conservation Practices Handbook, zero code, Ch. 1 Q and Ch.20. Region 2 Amendment No. 2509.25 99 1. Effective March 22, 1999. Colorado Division of Wildlife and USDA Forest Service, Grand Junction, CO. COLORADO WILDLIFE SCIENCE, LLC p, ~ aO11€~47 Ecological Assessment CBI Sopris View, LLC Property May 14, 2009 ECOLOGICAL ASSESSMENT OF RESIDENTIAL DEVELOPMENT FOR COUNTY ACTIVITY ENVELOPE & SITE PLAN REVIEW MAPS CBI SOPRIS VIEW, LLC PROPERTY COLORADO WILDLIFE SCIENCE, LLC p. ~~n~'-70 • . ~ q g ~ w .f i ' d ~ ~ ~ Y ~ •'~ ' ' a _ ~ `"41 7 ~ •F~ V f ~ a~ ~ _ _ ;~ ¢¢ ~~~ ~~~~ $ w w~ ~ ~ ?G . ~~ g J' ~-.~ ,. ~ gi . 'rt. -~~ '~4 _r_, - .~ •.. t_. Obi, _~ *f ~~~ i ~ .~ ~. w.~; r yi ~ d' d l ~ ~ ~ ~ ~ ~-~ '' ~ ~1 .'a~ eJ ~ J ~ V { - T ~ I. / ~ . , r a z~ .( : " ` m J ~ ~ ., '~ i i ~ ~ ' , _ 1 ' • , ~ ~ E ' : ~ • ~ • r ~W , y :v ~ ~.y. . ~ ~ - yyam~ . r ~ •' ~ ~ ~ ~" •~ ~~""•- r° Wo a ~ 8 °0 s8&~ 0[~t~~49 r ~ OOU~350 • • ~0(.lJ5i Ecological Assessment o/Proposed Trail CBI Sopris View LLC Property May 14, 2009 ECOLOGICAL ASSESSMENT OF RESIDENTIAL DEVELOPMENT FOR COUNTY ACTIVITY ENVELOPE & SITE PLAN REVIEW PHOTOS CBI SOPRIS VIEW, LLC Property COLORADO W ILDLIFE P~ ~(~(11J52 .~. ~ Ecological Assessment of Proposed Tra11 C81 Sopris View, LLC Property May 14, 2009 ~Gt)~53 Ecological Assessment o! Proposed Trail CBI Sopris View, LLC Property May 74 2009 APPENDIX A: CDOW NDIS ungulate seasonal activity area definitions (CDOW 2008c, 2008d). ROCKY MOUNTAIN ELK HIGHWAY CROSSING: Those areas where elk movements traditionally cross roads, presenting potential conflicts between elk and motorists. MIGRATION CORRIDORS: A specific mappable site through which large numbers of animals migrate and loss of which would change migration routes. PRODUCTION AREA: That part of the overall range of elk occupied by the females from May 15 to June 15 for calving. (Only known areas are mapped and this does not include all production areas for the DAU). RESIDENT POPULATION: An area used year-round by a population of elk. Individuals could be found in any part of the area at any time of the year; the area cannot be subdivided into seasonal ranges. It is most likely included within the overall range of the larger population. SEVERE WINTER: That part of the range of a species where 90 percent of the individuals are located when the annual snowpack is at its maximum and/or temperatures are at a minimum in the two worst winters out of ten. The winter of 1983-84 is a good example of a severe winter SUMMER CONCENTRATION: Those areas where elk concentrate from mid-June through mid-August. High quality forage, security, and lack of disturbance are characteristics of these areas to meet the high energy demands of lactation, calf rearing, antler growth, and general preparation for the rigors of fall and winter. SUMMER RANGE: That part of the range of a species where 90% of the individuals are located between spring green-up and the first heavy snowfall, or during a site specific period of summer as defined for each DAU. Summer range is not necessarily exclusive of winter range; in some areas winter range and summer range may overlap. WINTER CONCENTRATION: That part of the winter range of a species where densities are at least 200% greater than the surrounding winter range density during the same period used to define winter range in the average five winters out of ten. WINTER RANGE: That part of the overall range of a species where 90 percent of the individuals are located during the average five winters out of ten from the first heavy snowfall to spring green-up, or during a site specific period of winter as defined for each DAU. MULE DEER CONCENTRATION AREA: That part of the overall range where higher quality habitat supports significantly higher densities than surrounding areas. These areas are typically occupied year round and are not necessarily associated with a specific season. Includes rough break country, dpadan areas, small drainages, and large areas of irrigated cropland. HIGHWAY CROSSING: Those areas where mule deer movements traditionally cross roads, presenting potential conflicts between mule deer and motorists. MIGRATION CORRIDORS: A speck mappable site through which large numbers of animals migrate and loss of which would change migration routes. RESIDENT POPULATION: An area that provides year-round range for a population of mule deer. The resident mule deer use all of the area all year; it cannot be subdivided into seasonal ranges although it may be included within the overall range of the larger population. SEVERE WINTER: That part of the overall range where 90% of the individuals are located when the annual snowpack is at its maximum and/or temperatures are at a minimum in the two worst winters out of ten. SUMMER RANGE: That part of the overall range where 90% of the individuals are located between spring green- up and the first heavy snowfall. Summer range is not necessarily exclusive of winter range; in some areas winter range and summer range may overlap. WINTER CONCENTRATION: That part of the winter range where densities are at least 200% greater than the surrounding winter range density during the same period used to define winter range in the average five winters out of ten. WINTER RANGE: That part of the overall range where 90 percent of the individuals are located during the average five winters out of ten from the first heavy snowfall to spring green-up, or during a site specific period of winter as defined for each DAU. COLORADO WILDLIFE P• DO(1J54 Jonathan Lowskv, Colorado Wildlife Science From: Groves, John [John.Groves~state.cc.us] Sent: Monday, May 1 B, 2009 9:24 PM To: Jonathanlj$coloradowildlifescience.com Subject: RE: CBI Sopris View, LLC Property, West Sopris Creek Road Attachments: image001.jpg Jonathan, I agree with the assessment of the property and the information contained in this message. John John Groves District Wildlife Manager Carbondale 970-947-2933 From: Jonathan Lowsky [mailto:jlowsky@sopris.net] On Behalf Of Jonathan Lowsky, Colorado WIkllife Science Sent: Thursday, May 14, 2009 11:40 AM To: Groves, John Subject: CBI Sopris View, LLC Property, West Sopris Creek Road Hi John, On May 13"' you and I met on-site to discuss the proposed development of a single family home on the CBI Sopris View Property on West Sopris Creek Road in unincorporated Pitkin County. You agreed that the Property is within mule deer and elk winter range and that there is no severe winter range, winter concentration areas or migration corridors that would be affected by a single family home on the Property. You also concurred that there were no other ecological conditions or wildlife uses of the Property such as raptor nests, rare, Threatened, or Endangered spedes habitat. You also agreed that the proposed site for the actvity envelope is in the best location to minimize impacts to wildlife. You requested that I add the following recommendations to reduce any potential Impacts of the residence on wildlife: 1. There should be no fencing outside the activity envelope; 2. The actvity envelope should be as small as possible to reduce the loss of native shrubland habitat; and 3. Livestock (e.g., horses) should not be kept, pastured, or corralled on Cie Property to avoid additlonal loss of wildlife habitat. No winter use above the tce of the slope. Thank you for your time. At your convenience, I would appreciate it if you could reply and confirm the information above. Thanks, Jonathan Lowsky Wildlife Biologist/Principal OO(1J55 PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTME AGREEMENT FOR PAYMENT OF DEVELOPMENT APPLICATION FEES PITKN COUNTY (hereinafter COUNTY) and CBI Sopris View, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Activity Envelope Approval and Growth Mananement Exemption, (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 058-?001 establishes a fee structure for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and COUNTY further agree that it is in the interest of the parties for APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $3,019* which is for 10 hours of staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the processing of the application mentioned above, including post approval review. 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. PITHIN COUNTY APPLICANT: CBI Sopris View, LLC by Gregory S. Gordon, Manager Cindy Houben Community Development Director Signature Date: 5~~~~~ Mailing Address: 601 E. Hvman Ave Aspen, CO 81611 *: $2,495 =Planning Flat Fee; $499 =Planning Engineer; and $25 =Web Technology Fee 0(~(l:'l56 RECEPTION#: 545219, 12/26/2007 at 11:14:48 AM, 1 OF 10, R $51.00 Janice K. Vos Caudill, Pitkin County, CO EASEMENT AGREEMENT This EASEMENT AGREEMENT is made this L? day of December, 2007 between CBI SOPRIS VIE W, LLC, a Florida limited liability company ("Owner") and MIDDLE RANCH, LLC, a Florida limited liability company ("Grantee"). RECITALS A. Owner is the owner of that certain property along West Sopris Creek Road in the County of Pitkin, and State of Colorado, as more pariculazly described on Exhibit A attached hereto and made a part hereof by this reference (the "Property"). B. Grantee is the owner of that certain property lying to the southeast of the Property, in the County of Pitkin and State of Colorado, as more particularly described on Exhibit B attached hereto and made a part hereof by this reference. C. The parties hereto have agreed to an easement for the benefit of Grantee across the Property. The purpose of this Easement Agreement is to grant Grantee an easement for ingess and egress, for a road, utilities, landscaping and certain improvements. AGREEMENT For good and valuable consideration, the receipt and sufficiency of which aze hereby acknowledged and confessed, the parties agree as follows: 1. Grant of Easement. Owner hereby conveys, assigns, transfers and grants to Grantee a 100-foot wide permanent, non-exclusive access and utility easement over and across the lands described in Exhibit C attached hereto and made a part hereof by this reference (the "Easement Area"). The Easement Area shall be used for ingress and egress by vehicles serving residential, agricultural and emergency purposes; and construction, installation, maintenance, repair and replacement of a road, bridge, fencing, underground utilities, landscaping, imgation, signage, lighting and any other improvements reasonably necessary or convenient for purposes ofingress and egress. Grantee shall construct a road with a surface of its choosing in the Easement Area and shall pay all costs for construction of the road. Construction of the road may include, but shall not be limited to, grading, cut and fill; retaining walls; bridge; drainage culverts; barrow ditches; removal of vegetation and landscaping. All utilities shall be underground and within the Easement Area, and Grantee shall have the right to use the land beneath the Easement Area for the installation, maintenance, repair and replacement of any utility extensions that now or hereafter may serve its property. Grantee shall be responsible for and shall pay the costs for all maintenance, snow plowing, repair and replacement of the improvements within the Easement Area and shall keep the access road and all signage, lighting, fencing, landscaping and other improvements in good repair and an attractive condition. Grantee agrees at all times to maintain the Easement Area so its appeazance is compatible with the surrounding property. No signage or lighting shall be installed within the Easement Area without the prior written consent of Owner, which consent shall not be unreasonably withheld. Any such lighting shall comply with the requirements ofPitkin County standazds and shall ~,~' 10 RECEPTION#: 595219, 12/26/2007 at 11:14:48 AM, 2 OF 10, Janice K. Vos Caudill, Pitkin County, CO be limited to such lighting as is necessary for safetypurposes. Without the express written consent of both parties, which consent may be withheld for any or no reason, the purposes and use of this easement shall not be expanded or increased. There shall be no pazking at any time in the Easement Area. 2. Continuin¢ Rights of Owner. The Easement granted hereby shall not be deemed to give Grantee exclusive possession of any of the Easement Area. Owner shall have the right to use and enjoy the Easement Area, and anyroadway constructed thereon, to the fullest extent possible, so long as such use does not interfere with the exercise by Grantee of its rights granted herein. Notwithstanding anything to the contrary in the prior pazagraph, if Owner shall ever use the Easement Area and the roadway constructed thereon as the regulaz and primary access for any future development, then Owner shall pay a proportionate share of the costs associated with maintenance, snow removal, replacement and repair of the Easement Area based on the portion of the roadway regularly and primazily utilized by the Owner in relation to the entire length of said roadway. 3. Indemnification. Grantee agrees to protect, indemnify and hold harmless Owner from and against any loss, damage or claims, including reasonable attorneys' fees and costs, arising out of: (i) the use of the Easement Area by Grantee, its guests or invitees, which indemnity shall include, but not be limited to, injury or loss to persons or property; and (ii) any mechanic lien claims for unpaid labor, services or materials affecting any of the Easement Area. Grantee shall obtain, at its expense, and keep in full force and effect, with a reputable insurer, general public liability insurance for the Easement Area with a limit of not less than $1,000,000.00 and, during times of construction of any improvements, repairs or replacements, shall maintain (or cause its contractor to maintain) workmen's compensation and builder's risk insurance in amounts reasonably satisfactory to Owner; and all said policies shall name Owner (or any subsequent owners ofthe land burdened hereby) as an additional insured and Grantee shall provide Owner (or any subsequent owners ofthe land burdened hereby) with proof of such insurance. Owner shall have the right to request Grantee to review and increase the limits of insurance coverage hereunder based on prevailing limits then carried by like or similar risks. 4. Representations ofOwner. With respect to the lands included in the Easement Area, Owner represents that it is well seized of and has good title to such lands, free and clear of all liens or encumbrances (or has attained a subordination or partial release regazding this Easement Agreement from such lien or encumbrance holder) and free and cleaz of all taxes (other than general property taxes for the calendaz yeaz hereof), and that Grantee shall have, subject to the terms, provisions and conditions hereof, the quiet and peaceful possession and use ofthe Easement Area for the purposes intended. 5. Notices. Any notice, demand, or document which either party is required or may desire to give, deliver or make to the other party shall be in writing and may be personally delivered or given by facsimile transmission or given by United States certified mail, return receipt requested, addressed as follows: To Owner: CBI SOPRIS VIEW, LLC Attn: Christopher J. LaCroix Z RECEPTION#: 545219, 12/26/2007 at 11:19:98 AM, 3 OF 10, Janice K. Vos Caudill, Pitkin County, CO Gazfield & Hecht, P.C. 601 E. Hyman Avenue Aspen Co 81611 FAX: (970) 925-3008 To Grantee: MIDDLE RANCH, LLC Attn: Joseph E. Edwards, III Klein, Cote &Edwazds, LLC 201 North Mill St., Ste. 203 Aspen, CO 81611 FAX: (970) 925-3977 Any notice, demand or document so given, delivered or made by United States mail shall be deemed to have been received on the eazlier of the date actually received or the third business day after the same is deposited in the United States mail as certiSed matter, addressed as above provided, with postage prepaid. Notice by facsimile transmission shall be deemed given upon receipt of a confirmation by sender. 6. Miscellaneous. 6.1 Notice of Default, Rieht to Cure. In the event of any default under the provisions of this Agreement, the non-defaulting party shall, prior to the exercise of any right or remedy, give the party alleged to be in default written notice of such default together with right for a period often days after receipt of such notice to cure said default. If an alleged default by its nature is not capable of being cured within the time provided, the party alleged to be in default shall, provided suchparty is proceeding with all due diligence, have up to an additional twentydays to cure said default. If a default is not cured within the time provided or any extension thereof (which right to cure period shall not under any circumstances exceed in the aggregate thirty days), the non- defaulting party shall then and thereafter be free to pursue any right or remedy allowed by this Agreement or otherwise bylaw. 6.2 Remedies. Either party shall have the right and power to bring suit in its own name for any legal or equitable relief due to lack of compliance with any provisions of this Agreement. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this Agreement, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. 6.3 No Waiver. The failureofeitherpartytoinsistuponthestrictperformanceof any provisions of [his Agreement or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future of any such provision. 6.4 Amendments in Writin¢. This Agreement may not be amended, nor may any rights hereunder be waived, except by an instrument in writing executed by the parties hereto and duly recorded in the real estate records of Pitkin County, Colorado. 3 RECEPTION#: 545219, 12/26/2007 at 11:19:48 AM, 4 OF 10, Janice K. Vos Caudill, Pitkin County, CO 6.5 Colorado Law. The interpretation, enforcement or any other matters relative to this Agreement shall be construed and determined in accordance with the laws of the State of Colorado. 6.6 Run With the Land. Al] the provisions of this Agreement, including the benefits and burdens created thereby, shall run with the land. This Agreement is made subject to any existing easements, reservations, restrictions or rights of way. 6.7 Correction Documents. In the event any clerical or other errors are found in this Agreement or any legal descriptions or other exhibits hereto, or in the event any exhibit shall be missing, the parties agree to promptly execute, acknowledge, initial and/or deliver as necessary any documentation in order to correct the erroneous document, description, exhibit or to provide any missing exhibit. 6.8 Binding Effect. All provisions of this Agreement inure to the.benefit of and are binding upon the parties hereto, their heirs, successors, assigns and personal representatives. 6.9 Rule Against Perpetuities. If any of the terms, covenants, conditions, easements, restrictions, uses, limitations or obligations created by this Agreement shall be unlawful or void for violation of (i) the rule against perpetuities or some analogous statutoryprovision, (ii) the rule restricting restraints on alienation, or (iii) any other statutory or common law rules imposing like or similar time limits, such provision shall continue only for the period of the lives of Joseph E. Edwazds, III and Christopher J. LaCroix, their now living descendants, and the survivor ofthem, plus 21 yeazs. 6.10 Counteroarts. This Agreement may be executed in multiple counterparts, in writing or by legible facsimile copy, each of which shall constitute an original, but all of which, taken together, shall constitute one and the same instrument. If this Agreement is executed in facsimile counterparts, the parties agree to circulate promptly hard copies for physical signature to replace, upon full execution of the hazd copies by the parties, the facsimile counterparts. IN WITNESS WHEREOF, the parties have signed this Agreement the day and year first written above. OWNER: CBI SOPRIS VIEW, LLC, a Florida limited lia/bilitycompany By: ~(' L/ ~ ~ ,Manager L~ RECEPTION#: 595219, 12/26/2007 at 11:14:98 AM, 5 OF 10, Janice K. Vos Caudill, Pitkin County, CO GRANTEE: MIDDLE R By: Jos STATE OF U 4 ) ss. COUNTY OF I t~ ) /~ Subscribed, swom to and ackn (,IpLC~~~_a`~jorj~tl~, as Mana t' co p ny. @~~•~C. U:• c Witness my hand and o ial seal. Nom: /,~. My commission expires 9 •. {"3 L~ YyCanmasion STATE OF COLORADO ) ss. COUNTY OF PITKIN ) !- LLC, a Florida limited liability company E. Edwazds, III, Mariager me this ~ day of December, 2007, by VIEW, LLC, a Florida limited liability Subscribed, swom to and aclmowledged before me this~0{%day of December, 2007, by Joseph E. Edwazds, III, as Manager of MIDDLE RANCH, LLC, a Florida limited liability company. Witness my hand and of'- ' My commission expires 5 5 RECEPTION#: 545219, 12/26/2007 at 11:14:98 AM, 6 OF 10, Janice K. Vos Caudill, Pitkin County, CO LTG Polk? No. LTlJ6J000~7J ~ I Oar OedQ No. Q62000472 EXHIBIT"A"LEBALDEYCRIPTION A PARCEL. OF LAND SITUATED IN THB N 1!2 OP TH8 NW 1!4 AND IATS 1 AND 2 OP SBCTION 27, TOWNSHIP 8 SOUTH, RANGB 87 WBSC OF THE 6TH P.M., MORE PART[C[JU\RLY DBSCRiBED AS POLIAWS: BBGWNDVO AT THB NW CORNBR OF SAID SHCfION 27, THffidCE SOUTH Bi DBOR>?L+S J I' lb" BASF AI.ONO TH8 NORTHERLY 11N8 OF SAID SAID SBCfION 2693.74 PEST TO THB CHNTBRIINB OF SAID SHCfION Z7, THBNCB SOUTH 1 DHOREH 02'31' WEST' 11b0.03 PEST TO THH TRUH POINT OF BE(BNNINO, THENCE NORTH 88 DHORBBS 34'2J" WEST 1977.67 FEET; THENCE SOUTH 0 DEGREES 39' 12" WBST WJ.00 PHET; THENCE NORTH b9 DBORBBS J4'J6' BASF 1977.23 PHET; THENCE NORTH 1 DBOR138.S 02'31' BAST 7J2.b0 FRET TO TH8 TRUE POINT OP BHCBNNINO. OOUNTY OF PITION, STATE OF OOLARADO. RECEPTION#: 545219, 12/26/2007 at 11:14:48 AM, 7 OF 10, Janice K. Vos Caudill, Pitkin County, CO '1 Our Order No: Q387523-7 LEGAL DESCRIPTION PARCEL A PARCEL 1 THE EAST 1/2 NORTHWEST 1/4 AND THE WEST 1/2 NORTHEAST 1/4 OF SECTION 27, NOW KNOWN AS TRACT 74, SECTION Z7; ALSO ALL OF LOTS 6, SECTION 27, TOWNSHIP B SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EXCEPT 5.4 ACRES, MORE OR LESS, AS DESCRIBED IN THE WARRANTY DEED RECORDED AS DOCUMENT NO. 90028 IN BOOK 166 AT PAGE 68 IN THE RECORDS OF THE CLERK AND RECORDER OF PTTKIN COUNTY, COLORADO. PARCEL 2: LOTS 3, 4, 5 AND 7, SECTION 27, AND LOT I, SECTION 34, TOWNSHIP 8 SOUTH, RANGE 67 WEST OF THE SUUTH PRINCIPAL MERIDIAN. COUNTY OF PITKIN, STATE OF COLORADO. PARCEL B: PARCEL 1 A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF SECTION 34, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 34 BEARS NORTH 50 DEGREES 35' 21" EAST 2075.93 FEET: THENCE SOUTH 26 DEGREES 30'58" WEST 64.46 FEET TO A POINT ON A FENCE LINE; THENCE SOUTH 88 DEGREES 33'42" WEST 546.22 FEET ALONG SAID FENCE LINE DEPARTING SAH) FENCE LINE THENCE NORTH 53 DEGREES 05'33" EAST 119.28 FEET; THENCE SOUTH 89 DEGREES 58' 18" EAST 479.95 FEET TO THE POINT OF BEGINNING. ALL BEARINGS ARE RELATNE TO FOUND G.L.O. BRASS CAPS AT THE NORTHEAST CORNER OF SECTION 34, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SLYTH PRINCIPAL MERIDIAN AND THE NORTH ONE-QUARTER CORNER OF SAID SECTION 34, SAID BEARING IS NORTH 89 DEGREES 59'32" WEST. PARCEL 2: A PARCEL OF LAND STTUATED IN THE NORTH 1/2 OF SECTION 34, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 34 BEARS SOUTH 89 DEGREES 59'32" EAST 961.78 FEET; THENCE SOUTH 5 DEGREES 52'00" EAST 111.58 FEET TO A POINT ON A FENCE LINE; THENCE SOUTH 57 DEGREES 1T42" WEST 267.60 FEET ALONG SAID FENCE LINE; THENCE SOUTH 48 DEGREES 14'27" WEST 58.97 FEET ALONG SAID FENCE LINE; RECEPTION#: 545219, 12/26/2007 at 11:14:48 AM, 8 OF 10, Janice K. Vos Caudill, Pitkin County, CO n, ~~lh 8~'~ B Ta ~,flS~iKFi~i ~ ~>.+~+~ r- ~ Our Order No: Q36T523-7 LEGAL DESCRIPTION THENCE NORTH 64 DEGREES 41'00" WEST 98.69 FEET ALONG SAID FENCE LINE; THENCE SOUTH 1 DEGREE 37'54" EAST 1066.03 FEET ALONG SAID FENCE LINE; THENCE DEPARTING SAID FENCE LINE NORTH 89 DEGREES 58' 18" WEST 38.19 FEET; THENCE NORTH 00 DEGREES 00'32"WEST 1318.28 FEET; THENCE SOUTH 89 DEGREES 59'32" EAST 355.01 FEET TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. g RECEPTION#: 545219, 12/26/2007 at 11:14:48 AM, 9 OF 10, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT C TO EASEMENT AGREEMENT A 70 FOOT WIDE EASEMENT LOCATED WITHIN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 8 SOUTH, RANGE 87 WEST ALSO WITHIN THE PARCEL DESCRIBED IN DOCUMENT RECORDED OCTOBER 15, 2007 AS RECEPTION NO. 543098 OF THE PITKIN COUNTY RECORDS SAID EASEMENT CENTERLINE BEING 35 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE CENTERLINE OF WEST SOPRIS CREEK ROAD WHICH BEARS S 21°03'19" W, A DISTANCE OF 559.41 FEET FROM ANGLE POINT NO.2 OF TRACT 74; THENCE LEAVING SAID CENTERLINE OF WEST SOPRIS CREEK ROAD THE FOLLOWING TWENTY ONE (21) COURSES: 1) S 51°16'17" E, 15.57 FEET; 2) 58.43 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 66°57'13" (CHORDS 17°47'41" E, 55.16 FEET); 3) S 15°40'56" W, 101.33 FEET; 4) 64.00 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 73°20'01" (CHORDS 20°59'05" E, 59.72 FEET); 5) S 57°39'05" E, 135.00 FEET; 6) 32.07 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 36°44'51" (CHORDS 39°16'40" E, 31.52 FEET); 7) 71.10 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 81°28'27" (CHORDS 61°38'27" E, 65.26 FEET); B) N 77°37'19" E, 72.60 FEET; 9) 104.72 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 230.00 FEET AND A CENTRAL ANGLE OF26°05'10" (CHORD N64°34'44"E, 103.81 FEET); 10) 89.44 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 450.00 FEET AND A CENTRAL ANGLE OF 11°23'18" (CHORD N 57°13'48" E, 89.30 FEET); 11) 120.19 FEET ALONG THE ARC OF REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET AND A CENTRAL ANGLE OF 55°05'20" (CHORD N 35°22'47" E, 115.61 FEET); 12)170.99 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 195°56'22" (CHORDS 74°11'42" E, 99.03 FEET); 13) S 23°46'29" W, 142.95 FEET; 14) 139.14 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 159°26'24" (CHORDS 55°56'43" E, 98.39 FEET); 15) N 44°20'05" E, 174.03 FEET; 16) 86.52 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 90.00 FEET AND A CENTRAL ANGLE OF 55°04'44" (CHORD N 16°47'43" E, 83.22 FEET); 17) 170.91 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 195°51'04" (CHORD N 87°10'52' E, 99.05 FEET); 18) 90.84 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 900.00 FEET AND A CENTRAL ANGLE OF 05°46'59" (CHORDS 02°12'55" W, 90.80 FEET); 19) 130.94 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 900.00 FEET AND A CENTRAL ANGLE OF OS°20'10" (CHORDS 03°29'30" W, 130.83 FEET); 20) 102.24 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 450.00 FEET AND A CENTRAL ANGLE OF 13°01'04" (CHORDS 01°09'03" W, 102.02 FEET); RECEPTION#: 595219, 12/26/2007 at 11:14:48 AM, 10 OF 10, Janice K. Vos Caudill, Pitkin County, CO 21) 32.52 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 1,895.OOFEET AND A CENTRAL ANGLE OF 00°58'59" (CHORDS 04°51'59" E, 32.51 FEET) TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID DOCUMENT AND A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID TRACT 74, ALSO BEING THE POINT OF TERMINUS; SAID POINT OF TERMINUS BEARS N 88°49'42° E, A DISTANCE 1075.34 FEET FROM SAID ANGLE POINT N0.2. Id PITHIN COUlt"I'Y COMMUNITY DEVELOPMENT'1'~EPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 June 8, 2009 Mitch Haas 201 North Mill Street, Suite # 108 Aspen, CO 81611 mhaas@sopris.net Re: CBI Sopris View LLC Activity Envelope Review (CASE P055-09; PID 2465-X83=01=004) aNUS-z~z-oo-oc~(~ Dear Mr. Haas: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. If you have any questions, please call Cari Anne, the planner assigned to your case, at 920-5092. Sincerely, Bonnie Waechtler Administrative Assistant 4I91o,~' l PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Basalt and Rural Fire Protection District Pitlcin County Engineer Colorado Division of Wildlife Emma Caucus FROM: Cari Anne Holcomb, Community Development Department Re: CBI Sopris View LLC Activity Envelope Review (PI - - - ;Case PO55-09) DATE: June 8, 2009 Attached for your review and comments are materials for an application submitted by CBI Sopris View LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, July 17, 2009. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. ON OCTOBER 1sT, 2009 PITKIN COUNTY INTENDS TO GO PAPERLESS WITH ALL FUTURE LAND USE REFERRALS. WE WILL BE SENDING OUT LETTERS TO OBTAIN UP TO DATE CONTACT INFORMATION. PLEASE CHECK OUT THE LINK BELOW FOR THIS LAND USE CASE REFERRAL. http://www.aspenpitkin.com/ dp fs/depts/7/PO55 09 app.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie.waechten'ce~co.pitkin.co.us or 920-5109. Thank you. ~Iq I0~1 PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Cari Anne Holcomb FROM: Catherine Berg, Planning Engineer Re: CBI Sopris View LLC DATE: July 8, 2009 After reviewing the application I propose the following conditions: - A detailed revegetation plan will be required. Plan shall be reviewed and approved by Pitkin County Community Development. The plan shall include a tree mitigation plan for the removal of all trees six inches or lazger diameter at breast height. - The applicant shall obtain an approved Access Permit for the construction of the driveway. The application shall include: o Demonstration that the driveway does not encroach on slopes in excess of thirty percent for more than on-hundred lineaz feet. o Applicant shall comply with the requirements of the Basalt Fire Department regarding access. - All retaining walls equal or greater than four feet in height shall be engineered. - A detailed drainage and erosion control plan shall be submitted. If the development disturbs one (1) acre or more a State Stormwater Permit shall be applied for and obtained. The plan shall address the existing drainage that runs along the north edge of the activity envelope. All historical drainage patterns shall be maintained. - The applicant shall submit a detailed Construction Management Plan that addresses all phases of construction. - The applicant shall apply for and obtain a variance from any and all setback requirements, if required, prior to the approval of building permit(s). - The applicant shall obtain a Pitkin County ROW Permit for any proposed work within the county ROW. C:\Documents and Settings\carianneh\Local Settings\Temporary Internet ~O Files\OLK81\CBI 7 8 09.doc ~a~~ Page 1 of 2 Cori Anne Holcomb From: Cori Anne Holcomb Sent: Friday, July 10, 20094:10 PM To: Catherine Berg Subject: FW: Questions about CBI App Here are the answers to your questions. Don't know if they will change your comments, but since they might thought I'd forward them along THANKS Cori Anne From: Mitch Haas [mailto:mhaas@sopris.net] Sent: Friday, July 10, 2009 3:29 PM To: Cori Anne Holcomb Subject: RE: Questions about CBI App See below... Mitch Haas Haas Land Planning, LLC 201 N. Mill Street, Suite 108 Aspen, CO 81611 Phone: (970) 925-7819 Fax: (970) 925-7395 Email: mhaas@sopris.net Hi Mitch: I have a couple of questions about the CBI Application. 1. In the proposed utility envelope that runs along W Sopris Creek Rd -which utilities will be there... it isn't the electric is it, since they already have overhead service right? Actually, the plan is to underground the electric, if practicable. The undergrounding could happen in the existing overhead alignment but it is altogether possible that it would occur alongside the road; thus, the utility envelope. The same alignment would conceivably accommodate cable, phone and any other utilities. Really, those envelopes are more or less."just in case" provisions that mean nothing if they go unused since we have them restricted to underground utility improvements only. 2. What is the landscaping that runs along the utility envelope for? Is it to shield the house or the driveway or both? I know this isn't site plan, but will it continue along in the activity envelope? We don't know what the landscaping would look like at this point, but this is merely to accommodate proposing landscaping with a Site Plan Review application. Yes, the idea was to allow for some appropriate level of screening (with appropriate landscape materials/species) for the house from the road and vice versa. We fully recognize that use of this envelope will be subject not only to Site Plan Review but also Scenic Review as West Sopris Creek Road is a designated scenic roadway. As for the question of "will it continue in the Activity Envelope," that remains to be seen but I figure the Activity Envelope already accommodates development, whether landscaping and/or otherwise; as such, there was no reason to restrict the first X number of feet in the Activity Envelope to landscaping improvements. In other words, the regular Activity Envelope effectively includes the ability to later propose "landscaping." I think that covers it but please let me know if you need any further clarification. Mitch Z ~iz2i2oo9 Basalt & Rural Fire Protection District "Protecting Our Community Since 1970" 7-17-09 Cari Ann Holcomb Pitkin County Community Development 130 South Galena St. Aspen, Colorado 81611 Re: CBI Sopris View LLC Activity Envelope Review (PID 2465-283-O1-004: Case PO55-09 Deaz Cari, After review of the materials and the letter written by Eric Petterson of Rocky Mountain Ecological Services I offer the following comments. This pazcel is North of Sopris Mountain Ranch in Section 27. The wildfire hazard has been rated as medium for the home site with severe uphill of the azea. By following the presentation in Mr. Petterson's letter regazding defensible space mitigation, access, water supply, construction and maintenance many of the fire districts needs will be addressed. I offer more specific details of our needs below: Water Supply: • All structures greater than 5000 squaze feet in size shall be required to install sprinkler systems that meet the policies of Basalt Fire. At building permit submittal smaller structures may require sprinklers due to hazazd considerations, access difficulties and the lack of proximity to the Basalt Fire Station. For structures greater than 5000 square feet, an individual structure water suUUly and storage shall be accessible to fire department vehicles within compliant distance of the exterior of the building~l throueh the use of a hydrant meeting the policies of the Basalt and Rural Fire district. The amount of storage capacity shall be determined by the fire district with a minimum of 5000-gallon storage capacity pursuant to the squaze footage of the lazgest structure. Increases in square footage will result with an increase in storage capacity minimums. The purpose of this 1089 JW Drive, Carbondale, Co 81623 Phone:(970)704-0675•Fax:(970)704-0625 www.basaltfire.org fZ n ~ p-t- water supply is to quickly setup initial fire attack and buy time until a secondary water supply through water hauling operations is established and sustained. These operations involve equipment and personnel from the Basalt, Carbondale and Aspen fire districts. Access: The driveway shall subscribe to the Pitkin County Asset Mana¢ement Plan towazd driveway design having_a minimum width of 16 feet with an all weather surface capable of handling the imposed loads of a 60 OOO lb fire appazatus An approved turnazound needs to meet at a minimum the specification of fire department apparatus. The driveway to the building envelope is lengthy and steep. 16 feet is the minimum safe width towazd yeaz round viable access for emergency response that establishes effective fire operations utilizing water-hauling scenarios with lazge appazatus. If I can be of further assistance in regazds to this application please feel free to contact me at anytime. Sincerely, Scnt via E-mail Bill Hazding, Fire Marshal Cc: Scott Thompson, Fire Chief Brian Benton, Asst. Fire Mazshal 13 7 EMMA CAUCUS P.O. Box 1405 Basalt, CO 81621 (970)927-3462 emmacaucus 1405 (a~sopri s.net MEMORANDUM TO: Cari Anne Holcomb, Community Development Department FROM: Emma Caucus RE: CBI Sopris View LLC Activity Envelope Review (PID 2465-283-O1-004 Case PO55-09) Date: July 16, 2009 The Caucus received information on the above application mailed by the County on June 8, 2009. The application requests approvals for an Activity Envelope Review and a GMQS Exemption (for apre-existing lot). Vested rights are specifically not requested with this application. The application was reviewed by Caucus members online. Comments: This site is located on West Sopris Creek Road approximately 1/2 mile southwest of Stone Road and is actually part of the West Sopris Ranch Subdivision (unplatted). The lot is owned by the same owner (different LLC) as the Middle Ranch property and will be used for access to that larger parcel, including a long driveway and at least one bridge. Caucus members voiced concerns over the impact of this proposed driveway and bridge(s) on the lot but drawings and information included in this application were very preliminary and not particularly helpful. The Caucus also had concerns regarding the need to cross slopes greater than 30% on the subject lot for its own driveway (in order to build the maximum size and height allowed) but this will be addressed at Site Plan Review. Finally, the applicant is currently marketing this property for sale along with the Middle Ranch parcel and Sopris Mountain Ranch Lot 48 (which he also owns) with all 3 listed as one large 435 acre +/- ranch. Marketing materials describe one large ranch with the right to build up to 30,000SF and no deed restrictions or covenants, which appears in conflict with previous approvals and has raised further concerns with the Caucus. Consensus: The current application appears to comply with all current County requirements. The Caucus does not have any objections to the proposed Activity Envelope on the CBI Sopris View parcel, although additional concerns may be raised at Site Plan Review as the application evolves. ~U-`J~ Page 1 of 4 Cori Anne Holcomb From: Mitch Haas [mhaas@sopris.net] Sent: Wednesday, July 01, 2009 3:07 PM To: 'Liz Newman' Cc: 'Parker Maddux'; Cari Anne Holcomb Subject: RE: FW: CBI Sopris View application for Activity Envelope Stone Road parcel Hi Liz (and Parker and Cari Anne). Well, sorry for all of the confusion, but upon closer inspection of the submitted CBI Sopris View plans, most of what you are asking for has already been provided and should be in your hands. If you look at Sheet 1 of 2 in the CBI Sopris View Activity Envelope Plan, you'll notice that the easement through the CBI Parcel and serving for access to Middle Ranch is indeed depicted right there on the plan. The actual driveway alignment is centered within the depicted easement. You can accurately discern its distance from and relative to the proposed Activity Envelope on the CBI Parcel. The two driveways will be approximately 600 feet apart or more, and the one driveway entrance will not be visible from the other due to a curve in the road. Also, looking closely at the CBI Activity Envelope Plan, you should notice the area "restricted to driveway/access and associated improvements;" this is the area that will accommodate the one anticipated switchback and the 30% slopes to be crossed are also shown thereon. The 30% slopes being crossed are actually depressions (not hills) and would be crossed with culverting or similar that would not result in cuts or retaining (the areas are quite small). Please let me know if you need any further assistance or explanations. Regards, Mitch Mitch Haas Haas Land Planning, LLC 201 N. Mill Street, Suite 108 Aspen, CO 81611 Phone: (970)925-7819 Fax: (970) 9257395 Email: mhaas also rip s.net From: Liz Newman [mailto:newman@sopris.net] Sent: Wednesday, July Ol, 2009 10:15 AM To: 'Mitch Haas' Cc: 'Parker Maddux' Subject: RE: FW: CBI Sopris View application for Activity Envelope Stone Road parcel Thanks, Mitch- I just got back into town myself and can't make it to Aspen today. What I really need is something I can send out to the Caucus: it's not just for me. It is hard for people to visualize what is going on with this property since there are no stakes in place yet either. I just assumed this was available in a format that could be included with the application, but let me know what you find. Thank you! Liz From: Mitch Haas [mailto:mhaas@sopris.net] Sent: Wednesday, July Ol, 2009 7:46 AM Ln z 7/22/2009 Page 2 of 4 To: 'Liz Newman'; 'Parker Maddux' Subject: RE: FW: CBI Sopris View application for Activity Envelope Stone Road parcel Liz: I am trying to find out if there's a map prepared showing both the CBI Activity Envelope and the Middle Ranch driveway on one plan...we used the same engineers/surveyors for both, so is a possibility. I will let you know. Otherwise, if we can find a time that works and you can stop by my office (in Aspen), I can show you the comparison between two sets of maps --- the problem is my schedule for the rest of this week isn't real flexible other than this morning and tomorrow morning. -Mitch Mitch Haas Haas Land Planning, LLC 201 N. Mill Street, Suite 108 Aspen, CO 81611 Phone: (970)925-7819 Fax: (970)925-7395 Email: mhaas@sop[is.net From: Liz Newman [mailto:newman@sopris.net] Sent: Tuesday, June 30, 2009 7:57 PM To: 'Parker Maddux' Cc: Mitch Haas Subject: FW: Fw: CBI Sopris View application for Activity Envelope Stone Road parcel Everyone- See response below re: my request for a map that shows where the bridge and driveway will be on this parcel in order to access the larger Middle Ranch parcel. Does anyone have a copy of this map to share? I do not see one in this packet or the previous one, but I could be missing something. Liz From: pmaddux [mailto:pmaddux@aol.com] Sent: Monday, June 29, 2009 9:37 AM To: Mitch Haas Cc: 'Cori Anne Holcomb'; Liz Newman Subject: Re: FW: CBI Sopris View application for Activity Envelope Thanks, Mitch. I have forwazded your message to Liz, as the Secretary of the Caucus, for further dissemination. I appreciate your explanation. Pazker On Jun 29, 2009, at 9:26:57 AM, "Mitch Haas" <mhaas(a)sopris.net> wrote: ~' 7/22/2009 Page 3 of 4 From: "Mitch Haas" <mhaasQsopris.net> Subject: FW: CBI Sopris View applicafian for Activity Eavelape Date: June 29, 2009 9:26:57 AM MDT To: pmaddux@aoLcom Ce: "'Cari Anne Holcomb'" <CariAnne.Holcomb@co.pitkin.co.us> Mitch Haas Haas Land Planning, LLC 201 N. Mill Street, Suite 108 Aspen, CO 81611 Phone: (970)925-7819 Fax: (970)925-7395 Email: mhaas@soprs,net From: Mitch Haas [mailto:mhaas@sopris.net] Sent: Monday, June 29, 2009 9:24 AM To: 'Suzanne Wolff Cc: 'Cari Anne Holcomb'; 'newman@sopris.net' Subject: RE: CBI Sopris View application for Activity Envelope Dear Cari Anne: I was out of town all of last week and I am now just getting to all of the emails received while 1 was away. The bridge providing access to the Middle Ranch parcel went through Site Plan Review and those approved plans have been recorded; the plans show the exact location and route of the entire access road, including the bridge. That is not shown in the current application because it is not part of the current proposal; however, the plans are recorded and available to anyone who desires to review them. In the end, the route of that access road does not abut or otherwise enable use of any area that can accommodate an Activity Envelope for the development of a home on the CBI parcel (between avoidance of steep slopes, wetlands, riparian areas, etc.). This is why the current application seeks an Activity Envelope on the opposite side of West Sopris Creek Road. As for the eventual alignment of the access driveway that will serve a home developed in the currently proposed CBI Sopris View Activity Envelope, any actual switchback locations, road cuts, retaining walls, the design of such features, etc. will be part of a subsequent and eventual Site Plan Review application, which will include Scenic Review, for the CBI Sopris View Parcel. To date, we have not designed the specific driveway but have merely completed preliminary engineering analyses to determine approximate locations and needs with respect to slopes and County driveway requirements. All slopes of 0-15%, 15-30%, 30-45% and greater than 45% are clearly demarcated on the submitted Activity Envelope Plan. The 30% slopes likely to be crossed are very short and are explained in the application text; these should be apparent upon inspection of the submitted Activity Envelope Plan. I am not trying to be elusive or difficult, but I honestly think all of these questions have already been answered in the application and/or on recorded public documents. We remain hopeful that this application can be approved without additional delay. Timing is a priority for this client, which is why the application does not seek vested property rights as that would require a longer review process. We are fully aware that the eventual Site Plan Review application will be subject to the policies of the Emma Master Plan, once fully adopted, as well g y 7/22/2009 Page 4 of 4 as any other regulations or code amendments duly adopted prior to submittal of a complete Site Plan Review application. Please forward any additional questions to me. Many thanks, Mitch Mitch Haas Haas Land Planning, LLC 201 N. Mill Street, Suite 108 Aspen, CO 81611 Phone: (970) 925-7819 Fax: (970) 925-7395 Email: mhaas a~sopris.n¢t From: Suzanne Wolff [mailto:Suzanne.Wolff@co.pitkin.co.us] Sent: Monday, June 22, 2009 1:16 PM To: Mitch Haas Cc: Cari Anne Holcomb Subject: FW: CBI Sopris View application for Activity Envelope Hi Mitch. The Caucus would like some additional information. I let Liz know that I would pass along the message and that Cari Anne is the planner on the case, for further correspondence. CA - I know Mitch is out of the office this week From: Liz Newman [mailto:newman@sopris.net] Sent: Sunday, June 21, 2009 7:11 PM To: Suzanne Wolff Subject: CBI Sopris View application for Activity Envelope Hi Suzanne! We have a question re: the lot that is the subject of this application since it is also the lot that will provide access to the greater Middle Ranch parcel. We cannot tell from the information contained in the application exactly where the bridge across West Sopris Creek will be in relation to the proposed Activity Envelope. We also want to see how the proposed Middle Ranch driveway crosses this lot. If there are to be switchbacks/road cuts on this lot going up to Middle Ranch, we need to see where these are. Also, the application suggests the driveway for the requested Activity Envelope will need to cross a slope greater than 30% requiring some switchbacks. Can you show where those would be? A site inspection may be needed on this lot unless these questions can be answered by better illustration Thanks for your help! Liz pmaddux@aol.com 9 ,~ 7izzizoo9 Name: Project Address Type: Permit Number PITKIN C~1NTY COMMUNITY DEVELU~IIENT Permit Receipt RECEIPT NUMBER 00027753 Haas Land Planning, LLC Date:6/1/2009 NO ADDRESS ASSIGNED check # 3070 Fee Description 0055.2009. P LAN 0055.2009. PLAN 0055.2009. PLAN PP- Flat Fee PP-Clerk Tech Fee PP- Planning Eng Referral Fee Total: Amount 2,495.00 25.00 499.00 3,019.00 LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AVAILABLE TO BUY AT CLERK & RECORDER