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HomeMy WebLinkAboutpitkin.planning.246533401016 (4)i DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW I1v,THE )OLLOWING OT2DER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) ~~,. .. .,... x ... , ~i ~ . ~~: N DETERMINATION OF THE IIEARTNG ,~; .. .... _._ __ 1.. ~, DEPARTMENT OF PITKi1V COIJI~TY; COLORADO, APPROVING y . L~ v r.r..vrrvir,lv'l TIiE~ SCHII2ALLI 1041 HAZARD REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION~'OR USE OF TDRS FOR ADDITIONAL FLOOR AREA UI? TO 15;000 SQUARE FEET Determination No. _2005 RECTTALS 1 ~ Sandra Scliiralli ("Applicant') has applied to the Pitkin Couuty Heai-h~g Officer ("Hearing Officer") for ] 041 F~azard Review, Special Review and GMQS Exemption approval to reestablis„h a I041 approval and utilize TDRS for additional floor area up to 15,000 square feet on a parcel within Sopris Mountain Ranch 2. Th,e property is lot 39 of Sopris Mouotant Ranch and is legally described in Exhibit A. 3. The property is zoned RS-30 PUD afrd contains 35.03 acres. 4• The Hearing Officer heard this application at a duly noticed public hearing on April 19, 2005 at which time evidence and testimony'were presented with respect to this application. 5. Tlie Hearing Officer Ends that the development is compatible with t]re character of Sopris Mountain Ranch, and it otherwise consistent with the Special Review criteria for a TDR receiver site and applicable 1041 Hazard Review criteria of the Land Use Code. Q g NO W THEREFORE BE pRESOLVED bailh 104 a7ard~Reviel~~nunity Development Hearin Officer that he does hereb a rove tl w, Special Review and GM S Exem tion for the use of TDRe for addrt~onal floor area subject to the following conditions, which shall run with the land and be binding on all successors ni interest: ] . The Applicant shall comply With the provisions ofP&Z Resolution No. PZ=91-55, and BOCC Resolution Nos. 96-312, and 99-200,1 unless otherwise replaced or amended by the conditions of this approval 2. At tone of building permit submiftal, Applicant shall submit to Comi}tunity Development the required executed, irrevocable certificates of a TDR, and a recorded deed evidencing the sale or transfer of the certificates to the lot owner, for additional floor area u square feet. p to a maximum of 15,000 3. Prio~,~ to submittal for any building permits, the Applicant shall record a 24 X 36 inch m}dar 1041 Hazard Review Site Plan and Plat Amendment in accordance with Sections 5-70-040, 5-40 and 5- 60-040 of the Land Use Code. A principal and access envelope shall be depicted on the site plan encompassing all proposed development. The Aspeu tree grove located on the western portion of the parcel shall be removed from the access envelope.. Oit the site plan the Applicants shall delineate the slopes witliin the principal envelope that are above I S%. Conintuirity Development shall approve the site plan prior to recordation. i 111111 ~IIIaI IIIIIIVIII IIII IIIII~I II~~I III VIII Ilfl IIII 0 099 e~ i i z;F i. .. ... .u. ._,,i.. ~ }- 4. Igo development, including grading, excavation, fill placement, benning, landscaping, entry or ranchgates, and vegetation removal or disturbance shall occuroutside of the approved building (9'id/or] development envelopes except for access (in order to construct necessary pullouts for fire safety) and wildfire mitigation Construction, staging, p9rking, utility and driveway extension and maintenance shall occur within approved building envelope, or access driveway. 5. Prior to commencement of any earthmoving or Construction activity, the Applicant shall stake the corners of the building envelope algid install construction fencing arotmd the perimeter of the building envelope. The fe;icing shall remain in place antil issuance of Certificate of Occupancy. No vegetation shall be damaged or removed outside the building envelope. 6. The Applicant shall comply with Elie 2001 Wildlife Protection Ordinance No. 010-2001 for waste storage. Compliance with tlYe condition shall be veri$ed by the Pitkin County Wildlife Biologist prior to issuance of a certificate of occupancy. 7. Prior to the issuance of a Certificate of Occupancy, the Applicant s',hall construct a 10,000 gallon water storage tank (or other approved storage }nechanism) within 600 feet of the principal residence, or other Basalt Raral Fire Protection District (BRFPD) location. Additionally, the water in thetank shall be made available to the neighboring parcel to the, east, to the satisfaction of the BRFPD. 8. Stafutory vested rights for the approval contained herein are granted pursuant to the Pitkin Count Land' Use Code and Colorado Statutes sub'ect to the exce t y § §~ J pions set forth in Pitkin County Land Use Code, 4-140 and C.R.S., 24-68-] O5, The stahitory vested rights granted herein shall expire on April 19, 2005. IIIIIIIiIIIIIIIlIIIIIIIIIIIIIIIIIIIIIIIIIII 5°9~ ~6 a N COUNTY eo IIIIIIIIIIII 05/1I/2005 11 :27~: :R 0.00 D 0.00 96 ~~'-1Y" "'1' ~ .... 4 ,...~... ... ,.e. IIIIIIIIII IIIIII III IIIIIIIIIIIII IIIIIIIIIIIIII 0~gg 0~i>:z~c SILVIR DRVIS 'P'I nCIN'C6UNTY CD ~.~ ~0.00~~~ D 0.00 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMY;S WEEKLY oii the 20"'day of March, 2005. APPROVED ON THE 19TH DAY OF APRIL 2005. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the Hay of , 2005. COMMUNITY DEVELOPMENT DEPARTIvIENTHEARING OFFICER OF PITKIN COUNTY, COLORADO ATT ST: Janis aylor, Administrative Assistant APPROVED AS TO FORM: John Ely, ~----' County A~ e~"- POlB-OS 246533401016 By -- ~_ James R. True, Hearing Officer Date OS oS o9 APPROVED AS TO CONTENT: in y Houben, ~~ Community Development Director __._.. wN0385 s 1~/c7_~+.996 0c:16P RG ,?, OF 3 + g i;: a -;, #33041- l~/1~/91 ~i_~;38 Rec 3 .lci ~{:. Silvia ,,avis, Fztk:n Cnt ~ 64 F'G 294 Y C_ er:,, D~_ S. cjq LEGAL DESCRIPTION PARCEL N4. 39 A parcel of land being part of the S1/2 df the SE1/4 of Section 33. and the SW1/4 of the SW1/4 of Section 34, Township 3 Sdutn, Range 87 West of the 6th Principal Meridian', Said parcel is more fully •! described as follows: Beginning at the Southwest corner of said Section 34; thence S 89° 54'34" E; 137.11 feet along the South Iine of said Sectch 34; thencg N 20°21'00" E, 789.70 feet; thence N 62°SO'00" W' 280.00 feet; thence N 88°00'00" W, 1078.78 feet; thence N Ss"°10'00" W, 531.04 feet; thence S O1°35'00" W,, 1221.13 feet; to•~the Souih Iine or' said Section 33; thence S 89°51'34" E, 1374.28 fit to the point of beginning. Said parcel contains 35.03 acres of land more or iess. ~!N'N~ I'll"I 05911/2005 11 27' R0:00 D 0.00 ,,. ..., ,,i. ,,_ n, , . „ vi -: ~~ am xrw ,s,~ua ,. PTl'HIN COii 1' '.: i `''_ CON1112i71~1TY DEVELOPMENT DEl'-~.TMENT 13,0 South'Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970)920-5439 February 7, 2005 Ms. Alice Davis 215 S. Monarch Street Suite 104 Aspen, CO 81611 Re: (PID 2465 33 01-016 RCase POi""8-04) Review & GMQS Exemption Dear Ms. Dauis: 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. We have scheduled this application for review at a public hearing by the Pitkin County Heazing Officer on Tuesday, April 19, 2005, at a meeting to begin at 3:00 p.m. in the Courthouse Conference Room, 506 East Main Street, Aspen, Colorado. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call tq inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please be aware that the Hearing Officer will be billed at $135 per hour. Please note that it is your responsibility to post a public notice sign on the property at least 15 days prior to the hearing (and remove it within one week afrer) and to mail notice to all adjacent property owners and mineral estate co ers at least 30 days prior to the hearing with the return. address of the Community Development Department ( py of notice will be mailed to you by the Communit Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Ezra Louthis, the planner assigned to your case, at 920-5092. Sincerely, Janis Taylor Administrative Assistant Encl: Affidavit ,~, :.. , . p x :o-a ~ .,. ..1'bs. a~., m^aW+~'~:: ~~ ~. _... rse -Wildlfe Refund ~~ .~,~ ~. ».,..., . .M~.~ ,:. To: Dubick.Stephanie From: Janis Taylor <janist@co.pitkin.co:us> Subject: Schiralfi Case -Wildlfe Re~urid LL ' Cc: Louthis.Ezra Bcc: Attached: Sf_ eph: Please issue a'refund for Wildlife Biologist referral fees paid the following case Case P018-05 Receipt #18757 ° ' Rep: Glenn Horn Owner Sandra Schiralli Amount to refund: $520 a Printed for Janis Taylor <janist@co.pitkirr.co.us> ~ 4~. ~~' '.:,:'w~.~"''"'"' =w" ` `"~ ~ ` " I ` `" '° 1 k ,~ i ~ S ~ .G MEMORANDUM TO: Jim True, Pitkip County Hearing Officer FROM: Ezra Louthis, Planner RE: Schiraili 1041 Hazard Review, Special Review & GMC~S Exemption to Utilize T>5Rs for Additional Floor Area up to 1.5,000 square feet DATE: April 19, 2005 REQUEST: The Applicant is requesting SpecialReview and GMQS Exemption approval to utilize T15Rs for additional floor area up 15,000 sq. ft. on a vacant lot within the RS=30 PUD zone district. Additionally the Applicazit is requesting 1.041 Hazard Review appro`vaL The parcel has received 1041 approval previously, as well as a number ofvesting extensions. The proposed baildin'g envelope is the same as the previously'approved building envelope. The Applicant is also requesting an access`envelope. APPLICANT: Sandra Schiralli REPRESENTATIVE: Glenn Horn LOCATION: Lot 39, Sopris Mountain Ranch ZONING/LOT SIZE: The parcel is zoned RS-30 PUD and contains`35.03 acres. REFERRAL AGENCIES: Basalt FireDistrict and the Sopris Mountain Ranch HOA comments are attached. BACKGROLIND: The parcel received 1041 approval in 1991 pursuant to PBcZResoluti4nNo. PZ-9l-`i`i, and subsequent, extensions/reinstatements of vested rights ptirsuanf'to $OCC Resolution Nos. 94-312, and 99-2'001. STAFF COMMENTS: SPECIAL REVIEW: Special rediew approval is required to establish the parcel as a TDI~ receiverysite, subject to the standards in Section 3-210 (as amended by Ordinance No. 021-20b1). A. The special review use shall consider [he applicable County Master Plan Response: The proposal does not conflict with arty applicable Master Plan. The parcel lies within the' Rural Residential designation of the'Down Valley Comprehensive Plan, and the'proposal is consistent with that designation. P }l ~ Y PP the Code, ~ncTziding the Co my Lcr~ dT Tlse Policies in Articl aZ licable sections of Pitkip County Land Zyse Response: The proposed development does not conflict with any applicable sections of the Code, and is generally consistent with the County Land Use Policies. . , ~, ,. ~ , ti .., ~- . ,.~ C. The special review use shall be consstenP with the intent of the Zone District in which it is proposed to be located Response: Tlie proposal is consistent with the intent of the RS-30 PUD zone district "to permit Cow density, single family development" while avoidingfiazard and wildlife areas; p're'serving agricultural lands and maintaining the rural lifestyle. D. The special review use shall be compatible mitdz the character of the #nzmediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimerztaty uses arzd activities in the immediate vicinity of the parcel proposed for development. Response: The proposed single-family residence is compatible with neighboring development. While there are no residences of this size built adjacent to this parcel, there are residences within Soprs Ivlountain Ranch thati are near'in size. Additionally, adjacent parcels have approval to Tiuild 15,000 square Peet. The HOA has approvedthe proposal, and no neighbors have objected. E. The location, size, design and operating characteristics of the proposed special review use must ~e in harmony with the surrounding area and minimizes adverse effects, irzclezditzg visual impacts, impacts on pedestrian arrd vehicular circulation, traj~c generation, parking, trash, sen~ice delivery, dirlwcater pollzrtion or other irripacts otz''natzeral resources, 7zoisg vrbrations and odor on surroundingproperties. r Response: The proposed envelope (and previously approved envelope) is located out of critical wildlife habitat and is sited behind a knoll, which limits its visiljility from any County'Roads or the rest of`Sopris Mountain Ranch. Additionally there is a requirement that the residence be bpiltbelow certain elevations, which willfurther limit its visual impact and'impact on wildlife. l i i. 2 ' ', i . w .. a , , c . i•- . I F. There nzus[ be adequate publicfacih#es and sen>lces to serve the special review use including but not limited to loads potable water, sewer, solid waste, polks, police, fare protection, emergency medical sernices, hospital arxd medical services, drainage systems, and schools. Response:: The property is served by the Basalt Rural Fire Protection District, which has provided comments. The Applicant asserts that water will be available thtough' a well. The residence will have a minimal impact on'public facilities and services. G. ~1rx applicata'baa for a special review use must demonstrate to the Board of Coatnty Commissioners that the proposed development will not: 1. Ma7eria1ly endanger dae public health, safety or welfare; and 2. Saabstazatially injure the value of adjoining or abutting property. Response: Staff has no information that would indicate that the development will endanger the public health, safety or welfare, or injure the value of adjacent properties. ACCESS: The access wil l not encroach on slopes. in excess of 30%, with the exception of the initial stretch immediately off of the subdivision road, which was,created by tlic road cut. Staff is requiring that the access not enerpacfi into the existing Aspen tree stand located on the Yvesterh portion of the property. Q p q gHazardReview,Special Re ieO a d GM' STExOem tion for use of TDR pfo~add tional s luare footal e, subject to the attached ' Determination. Attachments ] . Draft Determinatirnl 2. HOA Letter 3. Basalt Fire District x qp~ gelofl James M. Bo le, 02:28 PM 3/21/005 Schiralli 1041 Revrew, S ecial R rew GM S E... i y ~ p _ Q Pa From: "James M. Boyle" <jboyle@sopris.net> To: <ezral a~ci.aspen.co.us> Cc: ".Sandi Jaffrey" <jaffrey@rofnet>, <WhirlyMon@aol.com>, <Deeryinc@aol.com>, <Jzabr@aol.com>, <hm11942@aol.com> Subject: Schiralli 1041 Review, Special Review & GMQS Exemption For TDR Receiver Site Date: Mon, 21 Mar 2005 14:28:22 =0500 X-Mailer: Microsoft Outlook Express 6.00.2800.1106 X-Processed-By: Rebuild v1,50-1 X-Spam: [F=0.0005492573; B=0.500(0); HS=0.500(1200); 5=0.010(2005020401); MH=0.500 (2005032102); R=0.051(s420/n7725)] X-MAIL-FROM: <jboyle@sopris.xet> X-SOURCE-IP: j216.237:72.86] X-MailScanner-Information: Please contact the ISP for more information .. ..,. X-MailScanner: Found to be clean Dear Mr. Louthis, I am responding on behalf of the Design Review Committee and Board of Directors of the Sopris Mountain Ranch Homeowners Association ("SMRHOA'~ in respect of the Shiralli 1041 Hazard,Review, Speciaf Review & GMQS Exemption (PID 2465-334-01-016j That accdmpaniedyaui-memorandum dated February 7, 2005 1041 _Hazard Review The SMRHOA has no objection to T041 approval for Ms'Schiralti's lot of Sopris Mountain Ranch. While a 15,000 square foot house is controversial among'tiomeowners at Sopris Mouhfain Raricfi; the 5MRNOA does not object to Ms Shiralli's acquisition df TDRs permitting a FAR of up td 15,000 square feet provided tYiat all structures constructed orrtFie approved building envelope are, in the jutlgmeht'bf the Sopris Mountain Ranch '` Design Review Committee, appropriate in design and scale for the site and consistent in all respects with Elie Sopris Mountain Rancti Design Guidelines ("Guidelines"j in effecfat such time as'Sopris MouhtainRanch tlesign review commences in accordance with the Guidelines: If you have any questigns regarding the foregoing, please dall any of the following: Doug Sheffer 970-379-0160 Joe Decry 970-945-7173 Sandi Jaffrey 970-927-3349 Sincerely, Jim Boyle '- lames M. Boyle.vcf Printed for Ezra Louthis <ezral@co.pitlcin,co.us> 3/30/2005 „.., .....~.~.., , . ~ ~ ,~ s,a. , , ,~. ~;._. r ,, ~~, '~ ~- .. 3-O1-OS Ezra Louthis, Staff Planner Pitkin County CommunityDeLelopment 130 S. Galena St. Aspen, Colorado 81611 I have recently observed the site for the proposed GMQS exemption. It's my ' understanding that the owriei of the propertywishes to add to the. ,maximum allowable ...u ~_._ ..._ floorarea from 5750 by aii`additional 1000:0 'square feet. The Fire District refers to the , Uniform Fire Co`~e and in`this case NFPA Standard 1142, (Water Supplies for ... Rural _ .>,,< , Firefighting); to determine compliance to access, ~a`tei'"stY~ply, and sprinklering requirements for buildings within Sopris lvlountain Ranch, T offer the following requirements and subsequent narrative: Le.: Schirlli 1041. review, and GMQS Exemption for TDR Receiver Site Dear Ezra, Requirements: 1) ,. the e he": ,,., until a secondary'water supply through water haulrng operations is established and sustained. These operations involve equipment and persornel from the Basalt, `'` Carbondale and Aspen fide districts. The initiat water supply is'used to support spnnkler system5'for sprirklered buildings as well as suppression toward other . , .:. p y......,. . g .. y ~ ,. g p . _ . Reasons. p d the ss rr nklerrs s tern Tie disa~ilec~ du rn oresa rs or other rl is also a backu shoul Phon89(9 ~)t7040675rbFa~a(9T0)'Yl 0626. , .... ; _ .. , ,_. __ ,.. ~ . . .. ......... www.ba5altfire.org ,.,: 2) w M. ~~, ' .. ,~~ ~.,, ,.~,. _,l , ~ with an approved to be siiypZied'by' " __. xnd times~30'~" ,u~,~ .,w.~~, ,., ,, , . . firefighters arrive for final extinguishments. Time of arrival from. notihcahon to , the site is around,25 minutes I noriced the applicant has indicated that they may for this use ve rsusvreg dent al syst ms. All sprink er systems mgwst beery different appropriately designed for their use and, approved.. 3) The sprinkler system shall be monztored throuQn a centraz reeervtn~ szaaon for early notification in the event o~prin/cler dzschkrQe resurtzn~ form fire tnztiation. Electronic alarming is tie most reliab~e method;;of early notification toward emergency response. Occupants and other adjacent homeowners are not always present to observe a local alarm, which would create serious delay. 4) The driveway shall subscribe to the Yitkzn County Asset tvtanaQemenz rzan The driveway to the building envelope rs lengtny. 1 ne potennat is great for incoming fire engines to be blocked by civilian vehicles coming out. Sixteen feet is the minimum effective width allowing for the passing of civilian and fire vehicles. 5) Narrative• p Y p . PP Y Y , ..p.,. , . g• . The matpnp o2dwao width tptpor to the drivewa turns is 20g egeh that allows fortthe assmn of fire a aratus. It takes a roximatel 25 minutes dorm ood weather for the arrival p $ g Y ...... ubdiv lion to thisano nt aree avera nd 6500 sh uare footsinos Zee,. homes wtthm the p ' g' g q are sprinklered and nearby 10,000-gallon dry hydrant tanks make them for the most part compliant to the above standards. The closest available water supply, a 10,000 gallon water tank having a dry hydrant is approximately 2 miles away which creates a water hauling operation that would be time, intensive and difficult to matntain a sustained water flow during a fire event. The fire . ,. ., „~ ,x.,., „~ ~. r a~.:~ code generally stipulates that hydrants should be wrthm pus or'minus 500 feet of a home. ,. , -- . ---- - o.W ;~ ... , ~ _ ~ ro ~. ~ ,.. r ~, ,~~, ~ ,_ h :.~ will give a Tiydrant credif for those hdmes capacity of 16,000 gailons or more. Many insurance companies f stored water haying a If approval for the square footage is given and the applicant chooses to build a 15000 square foot home, the impact to the fire department to fight a fire within this size of home ., ...., is significant. A home of this size,would be in the top ten largest buildings we provide service for within our district. The other buildings of this size are within 2 miles of a fire station and are served by municipal water systems in excess of what is available at Sopris Mountain Ranch, (A minimum water storage toward manual fire suppression of plus 180;000 gallons with flows up to 5000 Gallons a Minute is available to them and most. are equipped with commercial sprinkler systems.). To make a home of this size be in compliance with the applicable codes toward rural applications,'the building would need to be sprinklered wit~i~an appioded automatic sprinkler system and have an accessible. stored water supply having a minimum available capacity of 22,'000 gallons. If you need further information or have.questions please feel free to give me a call. Sincerely Bill Harding; Fire Marshal Cc: Scott Thompson, Fire Chief Jerry Peetz, Operations Director Bud Eyler, Pitkin county Engineer Glen Horn, Land Planner/Davs $orn Inc. g q $ II M ~ $ .°. ~~3 ~o >_ w ~,. ~ d~a mo „~ ~ ~ s ~~~ ~~x 4 t 6 0 ~~~ EC ,~ 4 . . $ w m ~^SUm ~ 5 g ~ g~5, ~. 6 ~ g F ,~ 3 .y ~ y . ~.~~e S~ a. . i g g <gm ~, '~ ~E ~ ., $ s ~ a o a -g_ Q {,v b In e M. s` (. ~ wa E 1 ~ m ~tl~,~' 8e Q 5 al. h BcyC ,a e;- J `c ..Y$ W ~ V e ~a~°. °i -_ ~3~ --_ 1L 3Q e ,__ N w Z m c ~N O `~v N N 8 ~~ ~m :~' ;F ~ $^y ~~ ~~g ~~ e~5 ~ F= xe ax s; 5~ .e~~. ,~' § ~. a g ~, +~~$ ~n.'~+& $ n5 € ~,~Eyyy ~ 8 e'~`p c ~ I, c ~~ ~ co ~~~pl Q' (~'" ~a _ ~P 8 e ~- ~a~o ~ c~N ~' o ~.~ a ~~~~. ----_ s~ Ye ~e a~ ~~ ~~ ~~ ~tt ~~ si a ~P'~ ar sSa d e~ ~: ;q8 ~~~v Ge g` Y ~ ~s ~ ~ x 3~e ° ~e . _~~u iy~ E Qx .y 2 t Y 0 T Chi g ~a ~A @~i ~ XN~, ~6 ~~N ~' me¢ ~ seq. ~ ~ §>§ ~3"~ z ~g o A~ m 6 A~L~ '~ ~' Ya $m~cW Q J `( S~ S g ~ ~ l . &e c` g ^_q ao Y_Y~ ~ " W j ~~§~~E €'s=vo~ O z ~~ra« d _ Q °, ~ N o r _6~~''~ € Q Z ~ O s$veo _ ~4os~€ ~ ~ i ~~u'ne ~ _~E~Cog _a o .fir,. O 2 O ~~ $ ~~ NYC .{t -.ml V~a, David Horn~• PLANNING & 12 ~,L ESYATE Ch15ULT1NG January 24, 2004 Ezra Louthis Pitkin County Community Development Department 130 South Galena Street. , Aspen, Colorado 81611 Re: Schirall 1041 Review, Special Review & GMQS Exemption for TDR Receiver Site Dear Ezra Davis Hgin Incorporated represents Sandra Schiral] The applicant is the owner of Sopris Mountain Ran property zoned RS-30. 'The parcel identification # i approval' fora 1041 Hazard Review, Special Revie~ parcel to', become a TDR receiver site in order to inc property'received 1041 Hazard.Revrew appi•oea7"in Commis{on Resolution 91-55, as rvef~'as two subs recent extension approved under Resolution 099-2( applicati;o,n is requesting a new 1041 approval. in this land use application. .in ~ounty, a 35.03 acre S'i6. The applicant is seeking :empfiori approval for this ible floor area. The subject ent extensions of that approval. The most expired on May 9, 2004, therefore, this The applicant is seeking the following land use approvals: 1. 1041 Hazard Review (Sections 3-80-50, 3-80-70 and 3-80-80); 2. Special Review of TDR R~ceiver;$ite; (Section 3-210);. 3: Transfer of Development Rights (Section 3-310); and 4., Vesting of Property Rights (Section 4-140). Attachment 1 is a vicinity map which depicts the locaton_,of the subject site. Attachment 2 is a copy of the resolution granting the most recent extension of the property's approval, Resolution # 099-200I. ALICE DAVIS, AICP t GLENN HORN, AICP LORADO 81611: 970/925-6587 • FAX: 970/., 215 SOUTH MONARCH. ST. SUITE 104 ASPEN, CO 925-5180 ,.... .:.,. .. .. .. a. ~i, .... ,, ~ ,.... .... .... 6._ . ., .. ,. ~... j: ~' a BACKGROUND The following is a chronological history of land use actions affecting the subject site. July 16, 1991 -The subject property received 1041 Hazard Review and General Submission approval through Planning and Zoning Commission Resolution 91-55 (Attachment #3). Nancy and Robert Bean were the owners at the time of the approval. 2. November, 1991 -Approximately 31 lots in Sopris Mountain Ranch were granted 1041 Hazard Review approval and were given a vesting period of 15 years. The vested property rights for these 31 lots, therefore, will not expire unti1,2006. The subject property, SoprsMountain Ranch Lot 39, was;"not one of these 31 lots, though there was confusion regarding this over the years and it was assumed`by the County and the owner at different times, that the lot was one of these 31. 3. July 28, 1994 - An application for the Extensron of Vested Property Rights was submitted prior to the expiration of a Three yeaz vesting period. The application was withdrawn through a letter from the_applicant's representative, (John Young) stating that the extension was not'necessary 4. December 18, 1996 -The Board of County Commissioners approved a 3 year extension of Vested Property Rights through Resolution 96-3I2 (Attachment #4). 5., January 8, 1997- Sopris Mountain Ranch. Lot 39 was sold from Robert and Nancy Bean to Sandra Schiralli. 6. December 18, 1999 -Vested Property Rights for Lot 39 Sopris Mountain Ranch expired. ~. May 9, 2001 -Approval for 1041 Hazard. Review and a three year vesting period were again granted for Sopris Mountain Ranch Lot 39. This approval was granted in BOCC Resolution 099-2001 (Attachment #2). 8. May 9, 2004 -Most recant 1041„Hazazd Review approval and three year vesting period expired for Lot 39, Sopris I4lountan Ranch. LAND USE REVIEWS This section of the application demonstrates compliance with the Pitkin County Land Use Code for the following land use reviews: 1. 1041 Environmental Hazard Review; 2:, Special Review for a TDR Receiver Site; 3. Transferable Development Rights (TORS); and 4: Vested Property Rights. 2 1041 Environmental Hazard Review The applicant is requesting approval for a new 1041 Hazard Review on the subject property at Sopris Mountain Ranch Lot, 39,as the existing approvals expired on May 9, 2004. Such approval is pursuant to Section 3-80 of the Land Use Code,. The sections on Geologic, Wildfire and ~. .. Wildlife Hazards (Sections 3-80-50, 3-80-70 and 3 80 8~ respectively) will be addressed as these have been identified as pertinent in the pre-application conference summary. (See Attachment 5 for the pre-application conference summary.) Section 3-80-050 Geologic Hazard Areas: Slopes in Excess of 15 Percent y fer to Attachment 6, the updated 1041 Site Plan for the Schiralli property. As the slope analssis on the site plan shows, the buildrng envelope is the most easily developed section of the property and contains slopes generally from 0 to I S% in grade with some areas slightly steeper. The driveway will be located within the proposed access envelope shown the site plan. The driveway will cross slopes from 0 to 30 % with some small pockets slightly steeper. The steepest ortion of the access envelo a is a man made anomal resultin from where the driveway begins. The driveway and the building envelope the construction of the road are located in the most appropriate locations within the property in ordez to minimize impacts geologic. The applicant will agree to any7easonable mitigation conditions which relate to slopes. Section 3-80-070 Wildfire Areas The subject property has been mapped as low to severe wildfire hazard areas. As before, the applicant will abide by the numerous wildfire conditions previously,approved by Pitkin County and any new reasonable mitigation to minimize wildfire hazard. Please see Resolution 099-2,001 in Attackunent 2 for a comprehensive list of the wildfire mitigation conditions placed on the property' previously. Section 3-80-080 Wildlife Habitat Areas The roe includes areas in roximi 'to elk Calvin habitat. This is p p rt3' ' p 'ty g sue has also been discussed thoroughly over the past land use revrews of the subject property. The applicant agrees to adhere'to all of the past conditions of approval relating to wildlife and any new conditions which are reasonable in addressing wildlife concerns. Anew wildlife mitigation condition which addressed bear proof garbage containers was added in the most recent land use review in 200I. Please refer to Resolution 91-55 in Attachment 3, for a list of the conditions of approval related to wildlife: 1041 Summary The originally approved 1041 Environmental Hazard Review Site Plan was never recorded. Attachment 6 is the updated proposed 1011 Site Plan. The two are essentially the same except that the new site plan is updated with current information and includes an access envelope. The building envelope has not changed from the original approvals. The proposed site plan shows two foot contour intervals and gives a site slope analysis, neither of which was required in the previous reviews. The major hazard issues affecting the subject property are the same today as they were when they were discussed in the_original 1041 Hazard land use review in 1991 and again during the two extensions of vested property rights reviews in 1996 and 2001.. The applicant agrees to adhere to the same conditions placed on the property as in the past, plus any new and reasonable conditions which are customary'today forthe mitigation of these slope, wildfire and wildlife impacts. Please refer to Attachments 2, 3 and 4, the three resolutions of, approval for the subject property. The most recent and comprehensive approval document with conditions of approval is Resolution 099-2001 (Attachment #2) granting approval for reinstatement of vested real property rights in 2001. Special Review of TDR Receiver Site Section 3-210 This section of the land use application demonstrates compliance with Section 3-210, Special Review Process for Special Review Uses identified in the Gode. Section 3-210 B-2 establishes ation of TDRs to obtain floor area up to 75,000 square feet on pre-1978 parcels located the utiliz m the Rufal Area (outside of the Urban ~`rowth Boundary) which rs where the subject is located. General Standards and Review Criteria to be considered m this_approval are found in Section 3- 210-020 which is addressed below. The standards appear njioId fo,Ilowedby the applicant's response:. Section 3-210-020 A. The special review use shall consider tt~e applicable County Master Plan. The proposed sitgdevelopment is consistent with the adopted Pitkin County Down Valley Comprehensive Plan, the pertinent master plan relating to the Soprs Mountain Ranch neighborhood. The development of previously subdivided 35 acre parcels such as the subject, was ant~eipated as part of the plan. Larger homes were also antici)~ated and are ty~ipal in the surrounding area. Section 3'-210-0208. The special review use shall consider County land use policies in Article 2. County land use policies are addressed in a separate section of this application. The proposal is consistent with and is in compliance with the County's land use policies. Section 3-210-020 C. The special review use shall consider the intent of the Zone District in which it is proposed to be located. The subject site has been carefully plane@d to be consistent with. the, intent of the RS-30 zone district where it is located. The RS-30 District permits low densitysingle family'development and custoanary accessory uses while recognizing'various constraintssuch as natural hazards and the preservation of agricultural and environmental resources. . ,p.;•. s~. ... v . .. Larger homes aze also within the intent and purposes and were anticipated for Sopris Mountain Ranch as: it was approved prior to the County's limit of 5,750 square,feet and is an approved area for transferring square footage through the TDR program. Section 3-210-020 D. The special review use shall consider the character of the immediate vrcinity off the parcek proposed, for development and surror~ndingland uses, or en~iance the mixture of complimentary uses and activities in.th~ immediate vicinity of the parcel proposed for development. Sopris Mountain Ranch includes over 35 parcels, each over 35 acres in size. Many are developed and/or will be developed with similar large, single family homes and accessory uses and that proposed for the ubject property. The common areas in Sopris Mountain Ranch include barns, horse facthties and other,common amenities which enhance the neighborhood with a . - .rs complimentary mix of rural, ranch and residentiaj uses and'activities.. The subject residence will be compatible in character and size with the surroundin and nearby uses. Most homes_outside g the Ranch, are located on large acreage parcels vvit~Fi some smaller, non-conforming properties in the two to five acre size range. The proposed additional floor area in the proposed single family and accessory uses will be quite compatible and complimentary to the surrounding residential uses. Section 3',-210-020 E: The location, size design and operating characteristics of the proposed special review use must be' in harmony with the surroundimg'area and minimize adverse effects including visual impacts, impacts onpedestrian'andvelicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. There will be minimal adverse impacts associated with additional floor area and the single family use. The,special review use will not result in adverse effects upon pedestrian, vehiculaz circulation, parking, trash and service delivery. There will not be any vibrations or odor resulting from the special review use. Noise will; not be louder than County standards. Section 3-210-020 F. There must be adequate public facilities and services to serve the special review use including but not Timited to roads potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems and schools. The additional floor area will have a minimal impact on the services listed in this section. Section 3-210-020 G.1. An application for a special review use must demonstrate to the Board of County Commissioners that the proposed development will not materially endanger the public health, safety or welfare. Increasing the floor area on the subject site will not endanger public health, safety or welfare. ~. The residential floor area will. be built in compliance with building codes and other applicable codes. Section 3-210-020 G.2. An application for a special review use must demonstrate to the Board of County Commissioners that the proposed development will not substantially injure the value of adjoining or abutting property. ' The additional .floor area will not injure the value of adjoining or abutting property and will more than likely enhance values. Transfer of Development Rights Receiver Site `Section 3-310 This section of the land use application demonstrates compliance with the applicable sub- sections of Section 3-310 of the Code. The applicant is seeking approval as a receiving site to transfer floor area to the subject site so that the proposed home can be built up to the maximum size allowed on the parcel in this zone district. At 2,500 square feet per TDR, approval to transfer 4 TDRs (rounded from 3,7) is requested so the floor azea can be increased from 5,750 square feet now allowed, up to a maximum size of 15,OOD' squaze feet. Section 3-310-010 Purpose and Applicability Section 3-310-010 A. Purpose The purpose of this transfer of development rights provision is to provide for the protection of lands within the Rural/Remote Zone District and, fo provide the owners of property' within the districf with a program of equitable mitigation. which assures property owners of an economically beneficial tse of their property. The program of equitable mitigation is achieved by making development rights appurtenant to lands within the emote Zone District transferable to other lands within Pitkin County where development is more appropriate in accordance with a}l applicable Pitkn County land use regulations, codes and plans. The subject site is located in a large ranch with approximately 35 paYcels each over 35 acres. Many are' already developed with large homes similar to that proposed for the subject property. The site is easilyaccessible to all utilities and essential seryices. The subject site is a more appropriateplace for larger homesthan properties located in the Rural/Remote zone district where the floor area originates before it is fo be transferred to the subject property. AlI applicable land use regulations; codes and plans are addressed in this land use application. Section 3-310-010 B. Applicability Development rights shall be transferable from any preservation site within the RuraURemote Zone. District to any approved receiver site. A receiver site for TDRs shall com I with the standards and criteria of this pursuant to Subsection 3-210-010 sectron and be approved by special review .... ~. '. ~ ,. i. This application seeks approval of the subject site as a receiver site. The. application demonstrates compliance with Code standazds in this section of the Code"drill the special review standards. Section 3-310-020 A. General Standards and Criteria for Preservation Site,,. „ _ .~,.- , . ,... 3 This Code,section is not applicable to the subject site... This application seeks approval of a receiver site. Section 3,-310-026 B, General Standards and Criteria for, Receiver Sites This section demonstrates compliance with Section 3-310-020 B. of the. Code. Section 3-310-020 B.1. Receiver Site Must Obtain S ecial Review A royal: No development of a receiver site with TDR s shall be carried out unless such dev criteria of this section and,has been approved belopment complies with the standards anal ' y special review pursuant to Subsection 3- 210-010 This section of the Code requires the applicant to demonstrate compliance with. the special review standards of the Code in Section 3-210-010. These standards are addressed,in a previous section of this application. Section 3-310-020 B.2. Receiver, Site Has Potential to Receive TDRs: In addition to anyother use permitted by the applicable zone district, a receiver site shall be eligible for development with TD12s. The transfer o outline in f a TDR to a specific receiver site shall be accomplished through the procedure Subsection 4-60-095. The subject site is eligible to receive TDRS. The subject site is exempt from residential GMQS for the development of one free market unit containing 5,750 square feet of floor area as a replacement for the existing dwelling. The applicant is seeking approval for an additional 10,000 squaze feet, also exempt from the residential CrMQS. The necessary TDl2s will be purchased pursuant to the process identified in Section 4-60-095 of the Code,. Section 3-310-020 B.3. Rp ceihere inePitk n Coun~hubeect totthat sta nty: A receiver site may be located yw ty, ~ ndards and criteria of Yhis section and special review criteria of Subsection 3-2I0-010. This standard establishes that the subject site is eligible as a receiver site subject to compliance with the special review standards. . ~: n ....... .. M1.. ., ~ ,. Section 3;310-020 B.4. P assexPressl s authorized in this sMt snB j; a nse~ tent with Underlying Zone District; Except p y , opment of the receiver site shall comply with each and every requirement ofthe applicable zoning district regulations. Site development will be in compliance with all applicable zone district standards in effect at the time the application is submitted. Section 3-310-020 B.S. Aggregation of TDRs Permitted on Single Receiver Site: Multiple TDRs may be allowed through 'special review to be aggregated from different preservation sites for development- on a single.receiver site, provided that the bulk area restrictions of the uncTerlying zone district ot` the receiver site may be exceeded only as authorized by this provision. As previously mentioned, the applicant proposesdeveloping additional floor area on the subject site beyond the 5,750 square feet now allowed and is requesting approval for floor area ip to a maximum, of 15,000 square feet. Growth IVI anagement Incentive for Development Utilizing TDAs Section 9=110-042 Section 9-110-042 C. of the Code permits additional floor area for pre-1978 parcels. Additional floor area up to 15,000 square feet may be exempted from Growth Management through the utilization of TDRs subject to a one-step special review by the Hearing Officer or if additional land use approvals are required; the lowest reviewing body conducting the other reviews. As stated in this section of the Code, an application for GMQS exemption for additional floor area must be iri compliance and approved pursuant to Section 3-310 of the Pitl<n County Land Use Code. Vesting of Property Rights Section' 4-140 The. applicant requests approval of Vested Property Rights pursuant to Section 4-140 of the Code. The 1041 Site Plan serves as the Site Specific DevelopmentPlan for the property and includes all of the, required standards. Article 2 Land Use Policies Section 3 ;210.020, Special Review for a TDR Receiver Site, requires in Section "B" that the Land Use Policies of the County Code be addressed. The following sections demonstrate consistency of the proposed development with County Code policies'. Policy 2-10 Community Balance The proposed development does not affect the Community Balance policy. Policy 2-2'0 Comprehensive Plan This policy is not applicable. ;; :~ Policy 2-3U Conformance with Comprehensive Plan The development of a single family home and accessory uses is completely consistent with the_ Pitkin Coixnty Down Valley Comprehensive Plan, the Plan covering the subject's neighborhood. subject an nvisioned the development of previously subdivided 35 acre parcels such as the The Plan e d the build out of Sopris Mountain Ranch. When the Down Valley Plan was adopted, few limits'on floor area were in existencg wrthing the subject's zone district, so larger homes were envisioned. Policy Z-40 Growth Rate: Phasing of Public Services and Facilities; Section 3-140 Non-Metro Area Resrdent~al and Tounst Accommodations and Metro and, Non-Metro Commercial Growth Management Quota System A~'Tlotmenf§;'"and Section ~-150 Metro and Non-Me`fro`~rea Growth Management Quota System Exemptions. The proposed request will not have any impact on this policy. Policy 2-50 Development or Expansion Hof Ski Areas This policy is not applicable to the application. Policy 2-60 Compatibility with Existing Adjacent Neighborhoods The proposed use.. will be compatible with the residential land uses in the site vicinity. The Sopris Mountain Ranch development consists of 35 acre residential Tots with common ranch facilities, 'The surrounding area is total residential, larger acre lots with somesmaller, 2 to~5 acre lots. Policy 2-70 Conformance with other Laws, P p P ~ ~ PP ~, ~ S of Americ~aeand thel State of Colorado conformance with all. a licable laws of the United State Policy 2-80 Natural and Man-made Hazard and Resource Areas The applicable environmental hazards are addressed. in the„ 1041 Environmental Hazard. Section of this application. Policy 2-90 Soil, Geologic Characteristics and Radiation The proposed building envelope for the subject site has been selected based upon the least impactive location in terms of slope, the geological constraint on the subject property. A slope analysis is shown in Attachment 6, the new 1041.. Site Plan:, This analysis shows areas below 15 percent in grade, between 15 and 30 percent in grade, 30 to 45 percent m grade and also shows grades over 45 percent. The access driveway will be designed to avoid steeper slopes to the the 1041ahaz d reva w under geologic hazardWAsbwith the prevsoug approvalse hle applicant d in will agree to reasonable conditrons to mrt}gate for the slope impacts on the site. Policy 2-100 Drainage A complete analysis regarding drainage will be submitted at the time of building permit. application and be in compliance with all applicable codes and regulations. Policy 2-110 Erosion An erosion control plan will be submitted. at the time of building permit application and will be in compliance with all applicable codes and regulations. Policy 2-120 Scenic Quality The development of the subject site with a single family home and accessory uses on this 35.03 acre parcel, off East Sopris Creek Road in rural Pitkin County, will not significantly impact scenic quality. Policy 2-130 Air Quality There will be minimal impacts on air quality resulting from the proposed development. Policy 2-140 Water Resource Impacts Water resources. will not be_impacted by the proposal. Policy 2-150 Noise The activities proposed for the site will comply with Pitkin County noise standards. Policy 2-:160 Wildlife Management Wildlife' 11 no be significant impacts on wildlife management resulting from this development. impacts are addressed in the 1041 hazard section of this application. The applicant will again agree to the previous conditions of approval regarding wildlife mitigation and any new conditions which have been customary for mitigation since the previous approval. Policy 2-.170 Adequate Provision For Water Needs Water will be from a well and will be of adequate quality and quantity to serve the needs of the proposed residential and accessory uses. Policy 2-180 Sewage Treatment Waste water disposal will comply with applicable local and state standards. Policy 2-190 Impacts on Road System Policy 2-200 Road Design acid Construction Policy 2-230 Transportation The proposed improvements will have little, if any, impact on the road system and transportation. A constiuction management plan will be submitted as required. 10 ;, ... ~ r:: Policy 2-210 Logical Extension of Utilities Please refer to the Improvements and Services section below which addresses the logical extension of utilities. The development of Sopris Mountain Ranch has been fully anticipated for over 20 years and has been considered in the extension of services over that time period. Policy 2-220 Impacts on Taxes and. Management of Necessary Services and Facilities There will be minimal impacts on taxes arid.th@ management of necessary services and facilities. y p ty g Mural Lands and Operations Polic 2'-240 C®m atibili with A ricU This 35 acre parcel and the other parcels%n Sopris Mountain Ranch which also contains 35 or more acres; are compatible with surrounding agricultural lands and operations. Policy 2-250 Compatibility with Historical and Archaeological Resources This policy is not applicable. Policy 2-260 Housing Affordable housing is not proposed. Hotiising should not be impacted by the proposal. Policy 2-270 Energy Conservation The proposed improvements will incorporate energy conservingdevicesand will meet or exceed all energy conservation requirements of applicable codes. Policy 2-280 Compatibility with Public Lands The proposed use will be compatible with nearby public lands. Policy 2-290 Access to Public Lands Access ttl public lands through the subject site is not proposed, nor necessary. Policy 2-300 Private Land Surrounded; by Public Lands (Inholdings) This policy is not applicable to the site. Improvementsand Services Section'3-110 The 1041 Hazard Review process which established the original approved building envelope for the subject property involved a thorough review of the policies and standards of the Code. This included,the standards for improvements and services. The improvements and services in Section 3-110 include the logical extension of utilities, water, sewer, public utilities, roads, parking, trails, lighting, and signs. These improvements and services will not be significantly impacted by again approving the same single family building envelope, plus more floor area.. 11 . ,,.. w..,,.~., _ _.. ~~z..~h.:,..~. ~.,,,.:.~.. .,,m..:~,~. Water is to be provided by an on-site well ind an on site sepric system will be provided for wastewater disposal. Water and sewer will be in conformance with all, applicable requirements. Specific information on the quality and quantity ol"water"from"Elie proposed well will be provided at the time of building permit. The applicant agrees to the conditions in the original approval. Impacts on public utilities and trails will be negligible Parking is not an issue as all parking requirements will be met. There should be no impacts on public parking. Lighting and sign needs will be minim2f and customary and wilhme'et or exceed Pitkm County requirements. The proposal should have minimal impacts on the improvements and services covered in this section of the Code. The applicant agrees to all the conditions of the original approval including those pertaining to improvements and services as_well agreeing to any new conditions which _, have become customary since the time of the original approvals. SUMMARY The subject property obtained approval fora 1041 hazard revrew m 1991 and the vested property rights for this approval have been extended two subsequent times,'in 159 aiid 200"l. The most, recent vesting period expired on May 9, 2004. The applicant rs requesting approval for the same 1041 building envelope as proposed and approved at those,previous occasions. An access envelope to encompass the driveway access has now been created as well The applicant is also requesting approval for Special Review and GMQS Exemption for acfc~itiona7 floor area so the P p Y. p P q intend to develoa the o ro ert tmtthe ne~arOfutu Bare feet maximum allowed. The owner does not p p p y ' but wishes to keep the current approvals valid. Pitkin Cod end the attachments have demonstrated compliance with the pertinent sectiops of the unty Land L7se C`o~e identified in the pre-application conference summary. The following attachments are included: P. Vicinity Map; 2. Resolution 099-2001 granting reinstatement of vested property rights for Schiralli 1041 Hazard Review; g g n approval 3 toeconstnrc ~a single familyl widen e on Lott39, Sopns Mountain~ancfi 4. BOCC Resolution 96-312~granting a three year extension of vested property rights for Lot 39, Sopns Mouritam Ranch; 5; Pre-application conference summary; (. Proposed 1041 Site Plan for Sopris Mountain Ranch Lot 39; 7, List of Adj acent Property Owners. 8. Letter from Sandra Schiralli, authorizing Davis Horn Inc. to submit a land use application oa her behalf and to represent her in the land use review process; -12- ~c d_< ., .e i. r..aw, ..2~~ n ,. <xsu '~~; 9. Fee Agreement; and 10. Proof of Ownership. Please contact me if you would like additional information or if you need clarification on any issue or concern. Thank,you. Sincerely, DAMS HORN INCORPORATED GLENN HORN ATCP Schiralli _. 13- flu i~ _x. /y~Lt 't) m~ " ~I _ ;j )h~ ~ I ~`\ ~ \_ I ~ ~%' " oft °\ ,I I~p ~ ._ 7 rl / 4.t.-.. .~_,„i_ ',~ ,~ , , I e 'a I ~ I m li = to n-yo 1. \- ;;\,:/~ ~~ I •wA u I I I m ~ / n v..u;•: ~ r~ v~ ~ " ~ I ~~~ 1 ~- a _` `lam P q\ ~ I \\ J 1 J I ~ I I \PO yS ' N I. "' 1 .'I ° 1 ''(~I.n~« 6.: as e " _ I =° y °~ - .I ~ '1~'.i•i °sgl3 I I 'I .. ::~ Fo~T~':T T ... .A~ ", ~~ i r I I Af4k '- 1 "~ I 4~ ') I j I r •.~< " I do I w I ., I .. ¢LTVn.,,rr .F ~ °~ r u" ~ , " _ 0'1+ _ (I1 .P _~~ I ~ I' ~ I I C' ~ " ~ I i ~ I I fi ~ ' ~ n37 ~ "y:> 1',:_y - ~. PN~ _._ P _ _~, _ -a\\\ I _ ~~" I I \Jy ~ I -._ I all II; 4 •~~ _~ I d m `~ ~, e . y -_'_, `Snowmv.;r ~ ) o~/¢~ 4, ~ ~ b.~ ~y .a. I_.-= _ ~sv3:^ "'/ .n •.e3m \`~-\ -inL:-J_ ~ , I '+ sso mouS~ n~-@roq " ~ •~ moos 1 v _~'i.• \ ~>w .. 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' _ w~ ~ ___ II -~~ - yy~~.. .- ~V rag a I> I " I av I' I I si3 I n r ;;p~ ~ r I 4 \ I I - 1 _ I -* I_ ~ I I d O. l/'L . _ .` ..UT I 1C = 11111//I M~~ I_ .~~~~~ i 1 -~ Q 6G~r LxQ _ t . I I I \/' I \-' -1_~r-~ I SYWm//I nl - I F„c ,%' l I I O, G I ~ I~ __. _~.~ ~,. ~., . RESOLUTION OF THE BOARD OF COUNTY COMMT5SIONERS OF PTTKIN COUNTY, COLORADO, GRANTING APPROVAL FOR'REINSTATEMENT OF VESTED REAL PROPERTY RIGHTS FOR SCHfIRALLI 1041 HAZARD REVIEW Resolution No. ~-2001 RECITALS 1. Sandra 5chiralli ("Applicant")has applied to the Pitkin County Boazd of County Commissioners (`"BOCC") to corisider 1ti Reinstatement of Vested Real Property Rights pursuant to Section 4-140-30 ofthe Land Use Code. 2. The property is described as Lot 39 of Sopris Mountain Ranch. The property is zoned R5-30 PUb and contains 35:02 aces. 4. The BOCC heazd this application at a duly noticed public hearing on May 9, 2001, at which time evidence and testimony were presented with respect to this"application. The BOCC has determined that the proposed development meets the criteria established in Section 4-140-30 of the Land Use Code, and therefore found the reinstatement to be appropriate. NOW THEREFORE 13E IT RESOLVED by t}ie Pitkiit Crounty Boazd of County Commissioners that it does hereby grant a Extension of Vested Property Rights for the Schiralli 1041 I-~azazd Review subject to the following conditions, which shall run with the land and be binding on all successors in interest: I. The Applicant shall adhere to all material representations made in the application and in the public meetings. 2. The conditions specified in the Loty39, Sopris Mountain Ranch 1041 Hazard Review and shall remain n affea un~ ess modified by the conditions of this approva9417 and 400385 3. Prior to submission of any building permit applications, the applicant shall submit a 1041 Hazard Review Site Plan complying with the provisions of Section 5-70-040 of the Land Use C~de. They ite plan shall be submitted in digital format for integration into the Count s GIS s stem. 4. The Applicants shall comply with the following landscaping and wildfire defensible space mitigation standards: i 11111111111 Ililli 111111 VIII IIII 111111 III11111 IIII IIII 483443 06/14/2001 11:80p RESbLUTI DAVIS SILVI 1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO • Resolution No, 0~_~001 ~ ~ "' ' Poge 2 a. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 20 foot perimeter azound the structure. b. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum thirty-foot (30') perimeter around a structure built on flat ground. c. For a distance of 15 feet around ail structures, vegetation shall be maintained at 6 inches of less in height. d. For a distance of 100 feet in every direction, shrubby material shall be thinned. Shrubs shall be thinned sa that clumps are no lazger in diameter than 2 times the height. e. Existing trees shall be thinned for a distance of 100 feet azound the cabin. Tree crown separation within this perimeter shall have a minimum of 3 Q feet between the edges of the crowns. All branches from trees within this perimeter shall be Pruned to a height of l0 feetabove the ground or half the total height of the tree, whichever is less. f. All branches that extend over the roof eaves shall be trimmed and ail branches within..15 feet of the chimneys shall be removed. g. Remove deadfall. within 100 foot perimeter shall be removed. h. The Applicant shall be responsible for the continued maintenance of the defensible space requirements. 5. The Applicants shall comply with the following additional wildfire mitigation standards: a, Roofs shall have a Class A, non-combustible roof system. Wood shake/shingle roof coverings aze prohibited in all wildfire hazard azeas Roofs with less than a 3:12 pitch are not PecmStted in 1041 Wildfire Areas unless they comply with the following; i• All roof coverings shall be noncombustible materials as defined in the Uniform Building Code (U$C) 1997 Section 1504 and installed on a Class A roof assembly. ii. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. iii. All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. iv Roofs shall be installed as required by UBC l 997 Chapter 15 and shall have a minimum slope of ] :48. v All roofdesigns, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application, b. Vents shall be screened witft corrosive resistant wire mesh with mesh '/< inch maximum.. c. Roofs and gutters shall be kept cleaz of debris. d. Yazds shall be kept clear of all litter; slash, and flammable debris. I I"~II "III "III' III'I' III~I I~I"I~"I III "I~' III I"I 455443 06/14/2001 11:501 RESOLUTI DgyIS sILVI 2 e! 4 R 0.00 D 0.00 N 0.'~0 p'ITKIN COUN71' CO k°~3 Resolution No. ~-2001 ~~ Page 3' Ji• ri:. ~ ~,.. ',. ~.. e. All flammable materials shah. be stored on a parallel contow a minimum of 15 feet away from any structure. f. Fitewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. g. Swimming pools or ponds shall be accessible to Fire Department vehicles. h. Fences shall be kept cleaz of brush and debris. i. Wood fences shall not connect to the structure. j. Fuel tanks shall be installed unde>•ground with an approved container. k. Propane tanks shall be installed according to NFPA 48~standazds and on a contow away'from the structure with standazd defensible space vegetation mitigation azoind any above-giound tank. Ariy wood encloswe around the tank shalTbe constructed with materials approved for 2°hour fire-resistive construction on the exterior side of the walls. 1. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. ` m. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installedon a non-combustble post: 6. Native vegetation must be maintained outside of the building envelope as long as it complies with all required wildfire mitigation criteria. 7. The Applicant shall submit z Positive Drainage and Erosion Control Plan to be reviewed and approved by the Pitkin County Engineer prior to building permit submission. 8. Floor azea shall be limited to 5,750 squaze feet exempt f"rom growth management. Floor area shall be calculated based on the definition in effect at the time of building pernii submittal Pursuant to Ordinance No. 022-2000, the. Applicant is subject to the Fair Share Requirements and shall pay a road impact fee ascalculated at the same time as building ._._ permit issuance. 10. Statutory vested rights for the approval contained herein aze granted pwsuant to the Pitkin Coun Land Use Code and Cofor tY ado Statutes, subject to the exceptions set forth in the Pitkin County Land Use Code § 4=140 and C:R.S., § 24-68-]O5. The statutory vested rights granted herein`shall expire on May 9, 2004. I ("III "II! "III' I'I'I' I'I'I, !II"II~'I III "I~' IIII I"I 485443 05714/201 13 50A RE30LiJ7I bpVT5 5ILVI 3 of 4 R 0.00 D 0.00'N'0:00~PI?kITJ`"'G'l")UwTY`~CO r._._.._.-.__ .. ~,.,. - ~ - I ..... _... _ ., 9a:n.., .„.aos ... _:,.nn ....+.. w ~~ o-.ti,azl ,..,wiaA:Krou_xnw'r3~"sJ.''.~ilxuaS, ~..ai4H;N ~d12 - ~^ ... . ResolulinnNo.~-2001 Page 4 NOTICE OF PUBLIC' HEARING PIJBI,ISHED IN THE~ASP~TI'1"IMES OlY T~-IE~,3 % ST DAY OF II? A7LC Ff •3000. aoo / APPROVED AND ADOPTED ON THE 9TH DAY MAY, 3`001; ' ` VESTED RIGHTS NOTICE PLIBI,I3HED ON THE ~ DAY OF ~Z~AJP , 2p01. ATTEST: O y ee R. Dean;.. Deputy Clerk and Recorder BOCC OF COUNTY'GOA%fMISSIO~fifE~tS' '~ OF PITKIN COUNTY, COLORADO '~ ` Michael C. Ireland, Chair Date: ~,~/% APPROVED ,AS TO FORM: APPROVED AS TO CONfiENT: "" John E1 C y Attorney Case #P34-61 PID# 246533401016 Cindy Houben, Community Development Director 111111 VIII 111111111111 fllli IIII 111111 111111111111 1111 4gof44 R60101DZD00.b0 N00.00 pITKTN CO17NT`tICOS ,..._,. ~ .. «-.. „ _,,.. l n • ""39411 ^/1?/91 1U:38 Fec '~~~ ~E'~4 FG 289 .1 via is, F'itk:in Cnty Cl~rk.~ Uoc g.C~i~ RESOLIITION ,OF THE PITRIN CdIINTY'PLANN.ING AND"`ZONING COMMISSION ' GRANTING 1041 HAZARD REVIEW AND GE27ERAL`SZ7BMISS'IZSN APPROVAL FOR LOT' 39 OF `SOfiRIS MOII27TAIN 12ANCH TO CON$TRIICT A SINGhE FAMILY RESfDE25CE "" Resolution PZ-91-J`J~ A1TJ4Clit~iEPlT,~_ WHEREAS, Robert and Nancy Bean, (hereinafter "Applicant") have applied. to Pitkin County for a 1041 Hazard Review approval to construct a single family residence in a wildlife and geologic, __ hazard area pursuant to Section 5-400 of the Land Use Code; and WHEREAS, the property is located south of west, Sop'rs Creek Road within the Sopris Mountain Ranch subdivision which is more specifically described in Exhibit "1i"; and WHEREAS, the Application was considered by the Planning and Zoning Commission (hereinafter "Commission") at a duly noticed public hearing on June 18, 1991 and which was continued to July 16, 19.91, after the Commission conducted a site inspection on July 2, 1991; and WHEREAS, the Commission had concerns regarding the close proximity of an elk calving area to the proposed residence, but finds that the Division of Wildlife recommendations adequately addressed their concerns; and WHEREAS, the Commission approved 1041 Hazard Review and recommended General Submission approval to the Board of County Commissioners on June 18, 1991 on a vote of 3 to 2; and WHEREAS, pursuant to Board_of County Commissioners Resolution 91-06, the Commission has the: authority to take final action on #_ 41; _x/91 li?: 3B Fec ~. Pf' . 'G 290 , Silvia Dav.~, ~'it4:in Cn£y Clerh° Doc ~ -c~c~ ~~ Resolution No. PZ-91- 5J~ Page 2 General Submission applications for single family dwellings; and WHEREAS, the Commission finds that the application has _ . „;; i complied with the criteria of the Land Use, Code for 1041 Hazard Review and General Submission.regulations. NOW, THEREFORE. BE TT RESOLVED, by the Planning acid Zoning Commission that it hereb rant 1041 Hazard Review and General ...., ~ .. Y g . P PP ~ , , llowng__._--,-- Submission a proval to the A licant, sub'.ect_ta_the fo conditions: 1. The applicant shall file„ a 104.1 Hazard Review, Map for Planning and Zoning Commission chairman°s signature prior to issuance of a building permit. The site plan shall be revised .to indicate a reduced building envelope of only two acres in size, the relocated access driveway ' away from the aspen stringer and the,:, building envelope shall not be located higher than the 8497 contour elevation. 2. The applicant shall mitigate wildfire hazards in the following manner: ' a. The applicant shall provide a water storage tank of no less than two thousand;,(2,OOb) gallon capacity be placed on the property near the building site for Fire Fighting purposes.- b. Driveway(s) shall be, no less than twenty (20) feet in width from the roadway to the building sate. c. The applicant shall install a residential sprinkler system and automatic fire alarm',system at the time of construction. d. The applicant shall abide by the guidelines for wildfire mitigation', as shown in the Colorado Forest. ' Service publication, "wildfire Safety Guidelines for Rural Homeowners.11 They are as'follows '' o An external water supply for fire fighting shall be provided (small pond, cistern, well or hydrant) ' o All roofs shall be kept cleared of debris; • #339 1?/~~ql 1U::3B Rec ~.iicj 664' 291 Si1viR Davis, Pitl:in Cnty Cler4::, Doc $.'ii~i " Resolution No. PZ-91-/r•S Page 3 o Firewood shall be stacked on a contour away from the building; o The base of buildings shall be kept clear of"` weeds and debris; o At least one (1) ten-pound ABC-class fire extinguisher shall be placed in each 'structure; o Laboratorytappro ed m terialt)nonUnderwriters o All power and telephone lines_ shall be underground within the driveway. 3. The Environmental Health Department shall approve of water well yield; provision for domestic supply, septic system design and location pror'~to 'issuance of a building permit. ' 4. A domestic water supply with appropriate water rights granted by the Division of Water "Resources'shall be' established by the applicant. prior to signature and recordation of the 1641 Hazar3 Review Plat. 5. The following conditions of the Division of Wildlife, shall be adhered"t'o kiy ttie apprican't'o a. No construction or site work is to take place between December 1st and"June 3'Oth' of each year. b. The maximum height of the residential structure shall not exceed a lowest level floor elevation of 8497 feet, as related. to the site plan dated September 10, 1990. The home and all structures shall be placed below the"`meadow.arid the knob by an isolated group of spruce trees. The. roof line of all structures shall be below the knob and meadow located above the homesite. ` c. The driveway shall be located in th"e oak brush, and entirely out of the aspen stringer. d. No dogs shall be allowed. on site. e. All fencing.. shall be 42" in height or less, -and shall be 4-strand or less. #- '41 ~ 1C/91 1i~:38 Rec. ~. Pk: F'G 292 Si~via Da 's, Fitk:in Cnty Clerk, Do'c l.f~~ Resolution No. PZ-91- 55~ Page 4 -- f. Native vegetation shall be maintained outside building envelope. g. All livestock/horse grazing be located in the common area at the base of the ranch. 'No `grazing•shall be allowed on this parcel. g 6. shall beoadhered to by the applicant y Land Use Engineer a. The 1041 Hazard Review map shall be amended to include the following note: "The provisions of the "10,41" land use regulations do not in any way' as5u"re or imply that lands 'designated as removed from hazard areas will be free from hazards". b. The applicant shall receive an Access permit from the County Engineer prior to issuance of a building permit. c. Prior to issuance of a building permit, all ranch roads used to access the property (with the exception of the driveway) shall meet Class V Country Access Standards. 7. The applicant shall follow the recommendations of Nicholas Lampiris'~s report dated March 21, 1991. 8. A detailed site., survey including geologic and engineering analysis shall be submitted on"the new access road to 'si nature of the ,__, prior g plat by the Planning Commission Chairman. 9. All material representations made by the applicant in the application and public meetipprovall' be adhered to and considered conditions of a unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting bn July 16, 1991. PITRIN COIINTY PLANNING AP7D. 2ONI3JG COMM~SS~~Ir' _ `. ~"" ~` ;. _ , •rll By_ Jim Reser, Chairman Date / 7 u y ~ -- - • #339x' ~ 1/1"/91 b-3B Fec $:6i~ ~•~: 66~G 293 Silt'. Dav,^ Pi tkin Cnty Clerk, roc s :'j Resolution No. PZ-91- SS Page 5 ATTES~T/ .~/ ~0.0,-~ o ~~~2A/Jf Debbie 8keban Planning Office Manager .." , APPROVED AB TO FORM: APP~lbVED ~fB` TO` CONT~N7's Tim Whi_ t~ s ; ~ Suza a Ronc#ian~ , County At '~nep Coun y Planning Directos raso.1041.beaa ~.... ., tiPr~~ _~~.,, ' 3941'x/12/91 Sv:38 Rec " ~~> FE,'€~""'.64 F'G 294 . ,.lvia vi s, F•itFiin Cnty C1 rl.., D..~`$`,~J~i " LEGAL DESCRIPTION PARCEL N0. 39 A parcel of land being part of the 51/2 of the SE1/4 of Section ~3; and the SW1/4 of the SW1/4 of Section 34, Township 8 South, Range 87 West of the 6th Principal Meridian. Said parcel is more fully ~! described as follows: Beginning at the Southwest corner of said Section 34; thence S 89° ' ° ~ feet along the South line of said Section 34; 0" 00" ,~ 2$0.0 thence N'88300100 W 1078 78 fee " "" 04 feet;, ° ~ ~~ thence S 0:10°35..00' W, 1°21703ffeet,ttoetheNSouth~~in0e of sa3d•0 feet; Section 33, thence 5 89 51 34 E, 1374.2$ feet to the point of beginning. Said parcel contains 35.03 acres of land more or less. . . v~u~i~p~ ~ ~' .4 ~c: 16F' FG t OF SILVIA DAVIS F'Ii~..N l.~Uh CLERK, & RECdRDER RESOLUTION OF THE BOARD OF COU1V7 COUNTY, COLOR-~I)O, GRANTING A TFI~I _. ~ _ .. ~ _ e--. {.. " NDT' ~. ~0 Resolution No. 96- ~/ ~ ~'~'i~~IT ~. RECTTAi C 1. Robert and Nancy Bean (hereafter, Applicants) have applied to Ptkin County for an Extension of Vested Rights pursuant to Section 4-140 of the Land Use Code. 2. The property is known as Lot .i9, Sopris Mountain Ranch and is described on E.Yhibit "A" at*ached. 3. The Board heard this application at their regulazly schedul;.d public hearing on October 9, 1996. 4. The Board finds that an Extension of Vested Rights is appropriate and consistent with the requirements of the Land Use Code. NOW, THEREFORE, BE IT ItESOI:VED that the Board of County Commissioners hereby grants a three year Extension of Vested Property Rights to the Applciants, to December 18, 1999, subject to the following conditions; 1. The conditions of approval contained in the Planning and Zoning Commission's Resolution PZ-91-SS and the 1041 site plan recorded at Book, and pace ~ shall remain in full force ar.3 effect except as modified herein. 2. To further mitigate wildlife impacts, all gazbage containers shall be of.a "bear proof' design as approved by the American Beaz Society. 3. To mitigate wildfire hazards, the area around the structure shall incorporate landscaping with wildfire defensible space thinning for a distance of 40 feet uphill and to the sides of structure, and 47 feet on the downhill side. In this thinning create Gambel oak/serviceberry clumps that will be spaced (minimum) a distance equal to two times the height. The, diameter of these clumps can be as wide as two times and. height. For example, if the shrubs are 10 feet tall then the clump diameter can be ZO feet with a 20 foot spacing between clumps. The vegetation between these clumps must be grass, flowers or fortis. Allowing woody vegetation to return to these spaces would negate the effects of creating the defensible space ., ._ __.._. .. ~- _ -f - _ ... -:~- . _, ~» , .. _.K ~ ,,, .... 4aa385 1 -; --'9a^ct 16P'PG L'. OF 3 f ~ • ~~ ~ ~ _ i , clumps. The lower limbs on the shrubs should be removed up to half the total height of the sterns to eliminate ladder fuels. Ladder fuels are vegetation whic~i may allow a fire to bum from ground level to lower shrub or tree branches. NOTICE ~F PUBLIC day of September, 1996. APPROVED AND PUBLISHED AFTE12 ATTEST: , M~ckttGl 1 ~~ nette Jones, Deputy Clerk and Recorder APPROVED AS TO FOR1V1• on iiv inL enrnly 1'1rit:5 wEEia.Y ON "JAL~TTJARY 4, 1997. BOARD OF COUNTY COi1~Il1~IISSIONERS OF ]'ITIs'IN`~O'tJN`T'Y, LC1L'~O'R'ADO~ ~, ~. $$Y• C.II~,~,„~,„ ; _ ~ amuan r rlGTuv6 ~rJ~ .DATE:. n z APPROVED AS TO CONTENT: ~--~~ ~~i John;Ely, Curdy Houben, Couaty y Community Development Director Case ~P69-96 Parcel ID R246S=33401=016 -- 2 w • '• 1133941' 1.:/91 ? U: 38 ReC 3, dc; HF"~ F`6 294 Silvia ..axis, Fitkin Cnty Clerk, I3.._ $.~70 LEGAL OESCRIPTTON PARCEL N0. 39 A parcel of land being part of the S1/2 of the SE1/~ of Section 33. and the SW1/4 df the SW1I4 of Section 34, Township 9 South, Range 87 West 4f the 6th Principal Meridian. Said parcel is more fully •' described as follows. Beginning at the Southwest corner of said Section 34; thence S 89° 54'34" E 137.11 feet along the South line of said Sec`bn'34; ' thence N 20°21'00" E, 789.70 feet; thence N o2°0'00"'41, 280:00 feet; thence N 88°00'00" W, 1078.78 feet; thence N 53°10'00'° W, 531:04 feet; . thence 5 O1°35'00" W,, 1221.13 feet; to •the SoutS iine o.T said Section 33; thence 5 89°51'34° E, 1374.28 fee*; ~o the point of beginning. Said parcel contains 35.03 acres of land asore or less. ;, n:j ,. .. .. .. _... ;. - '~ PTTKIN COUNTY ~ r ~ ~ - PRr,=APPLICA'fI"O`N`CONF'ERENCESUMMARY ~~ a.~rt;n"~'s~`~ DATE: October 1, 2004 u ~ ~,~,' , ;... PROJECT: Schiralli 1041 Review, Special Review & GMQS Exemption for additional floor area LOCATION: Lot 39, Sopris Mtn. Ranch (Parcel ID: 246533441016) REPRESENTATIVE: Alice Davis ~ adavis rofnet PLANNER: Ezra Louthis Teli 420-5092" ' 1. Type of Application: 1041 Hazard Review and Special Review and GMQS Exemption for additional floor area. 2. Description of Project/Development: The Applicant is requesting 1041'Hazazd Review approval, and Special Review approval for this parcel to become a TDR receiver site. The. parcel received 1047 approval pursuant to P&Z"Commissionh"esolutioo 91-5'S, as well as three subsequent extensions. 3. Areas ircwhich Applicants have been requested to respond, types of reports: • Sectioir3-80, 1041 Hazard Review • 3-80-50 Geolpgic (Slopes) • 3-80-70 Wildfire (mapped Low and Severe) • 3-80-080 (Wildlife, Elk Calving area) Section 3-210; Special Review for a TDR Receiver Site; • Section 3-310: TDRs; 4. Review is before: Hearing Officer ....... ........ 5. Public Hearing: Yes, at Hearing Officer. The applicant shall post a public notice sign on the property of least 15 days prior to the hearing and shall rtiail nbtice to a1P adjacenf property titwnePs and mineral 0 prior to the hearing v/it)r the return a'ddre'ss of the C,bmmtinity 17ev""~lopmeht Depart entr(copy of the notice to be obtained from the Commuriity Development Department). The names and addresses shall. be those on the current tax records of Pitkin County as they appear no more than 60 day's prior to the date of the public hearing. 6. Will be referred to: Sopris Mtn. Ranch'HOA, Wildlife Biologist,Basalt Rura] Fire Protection District What fee was the applicant requested to submit: - Planning Office $3,275 Flat Fee (Special Review & 1041, 15 hours of staff time) - Wildlife Biologist $520 - Public Notice Fee $25 - Total Fee at Submittal $3,7711 (Non-Refundable) - Fees for Hearing"Officer at Sf35/hr. ` - If the staff time exceeds 18 hours, the Applicant will be charged at $215 per hour beyond IS hours. 8. Applicant shall sutimit five (5) copies of the following information unless otherwise noted (please use double sided copies if possible)i` ' 1. Summary letter explaining the request and addressing the Code sections listed above; 2. Proof of ownership of subject property including legal description (1 copy); 3. Floor plans and elevations (if available); 4, 24" X.36" folded Site Plans (please see attached site plan requirements); 5: Documentation/proof of Access; 6. Agreement to Pay Form (1 copy); 7. Total fee for review of this. application; 8. Copy df this pYe-app form (1 copy); 9: Names and addresses of al] adjacent property owners (1 copy); 10. Consent letter from owner authorizing the representative (I copy); ' 11. Copies of previous land use approvals; PLEASE NOTE; This pre-application conference summary is advisory innature and not binding on the County The information provided in this summprv is based' on current coning standards and staff's interpretations of the applicant. Additional information may Ee required upon a complete review of the application. . ~ ~ •. • .. '.:. >+~x F n>.. . .... Y: . a... ru+..~-- 9Nnn~jGS.v.k:Z4{ubTW/iaa ~f Y~Y'~¢e.~k,~3r~#al.-wYC t>dv.w'G.~'a w M~f _ a~ ~~ ~~ ~ IXI. GGJ M1 JRN.20.2005~:;, 5~,22PM,__ PITKIN uxsviY t~st55tni ` ' ,:. _ ,, . ~M a.., ...,r .... pO /nyypM}~ ~. ~' }T~ S) • p• ~ • ~p~ CORBEIT THOMAS 8c ROBERTA TRST 1~OJ~ Vl}I<l~l..~L/ D ~ Y O~N~LG TR V J f a ... ~ ~' 1' '1~4G~:~. e k ;¢ AY'=_. su k, _~ ;y~.~,„ ., ., .. ~.a ~ s=. SOS WAI~TAD~" u P O BOX 12354 DALLAS TIC 75~U9 ASPEN CO 81612, 246533401013 ~ '' 246533401013 EC4AN JUDY JOANN KATES TRUST.. PO BOX 3255 BASALT CO 51621 246534301013 s- , -~--.R-,-~-~ ~.:~ ~._ ..,.~,:. E.._~,.~,.u r.,<tl~... ism, ;,. tm ,.u, ...., m 1V/la/riUV9 ta~ao rnn YYa eau ~aoG ~ ~tLr ii '1 c1~ ~ ~ ~°°• - - - -~ _ 970 -5180 P.3 Oct 12 04 11:03a VU! ~ HORN• ~ ~ - ~ - -'~- '~,, Ss4ndra Schiralli p,D. Box HS S o0• l;arrington Sound P;ermuda HSBX Ezra Louzhis Aspen Pitkin County Community L)eyelopmen4 130 South Galena $trcet Aspen; CO. 81611 RE: Auchorizationto SubmitaLand'CTse Application Dear Ezra: As the owner of the property known as Sopris Mountain Ranch Lot 39> Lauthorized Davis Hom ,. , Inc. 'io submit a land use application an my behalf Aavis Hom u~also authorized to represent me in the land use review prdcc§s. Should you have any questions, piease call Glenn Ford or Alice pavi5 at Davis Horn at 92~-6587 or the at (441) 293-799),1 Thank You. Sincerely. ~~~ ~~~~ Sandra Schiralli A .'' - _ :58 FAR 441 289 7882 vr.>;r 11Athtt _. '~'""` 10/15/200 _. ^.`. , w;:. ...._ .... 186 p.4 1 : D3a. YUSE~/ HDRt't .. . act 1Z Oa 1 ~ - 9?D 9 .. P(TKIN COUN'L"Y COMMUNITY DE~ELOPMEN'r DEpAJtTMEN'f' ent ~[ Devc{orment ApcpliCation Eees Agreement for Paym PITKIN COUNTY (hcrcinaftcr C.~OUNTY) and wc. ~~,/ ~~v~C'u7 (hcrcinaftcr APP.PP (CANT has subm tted toOCOI. (p~' ~~I+ ZQfT~ ~vn + 1NTY an applica~On f(rrYt QS C'Xt2tmPf'• r 1. and , s aci ~! P.~ei~ eW (hereinafter, THL PROJL•CT)• ~~ on«~ -FL~r a.n2A 2. APPLICANT understands and agrees that Pukin County Ordinance No. 058-2001 establis es a a ent of al] processing fees is a condition precedent to a fee structure £or Planning applications and the p ym determinanon of application compleccness. ro osed nature or scope of the p p a rte that because of the St2:e, rocessing the 3 _ APPLICANT and CQUNT'Y 3 project, it is not possible at this time r ~he~g°eeh~ac~t is in tite~nterest of the pames~for APPLICANT to application. APPLTCAtdT and COUNTY etmit additional costs to `be_billed to pPPI:ICAN is make payment of an Initial deposit and to thereafter ,? stet rash liquidity'and will make add a P ees it w l1'be APPLICANT agrees he will he betie$ted by retattung ~ ~ costs are tncumd. COUI\'T !~ u~rw• ~ ~` '` lication, upon notification by the COUNTY when they are necessary ocess API~LIGAI3Ts app ' , p benefited through the greater cettainty~ofreeo~+ng its full costs to pr 'TY and APPLICANT further agree that it,is impracticable for COUNTY staff to corn lete 4• COtJt~ 'lion to the Planning Comrrtission and/or Baatd of County processing or present sufficient infomta Commtssioners to make legally CommissionSrs to enable the Plannning Coritmission and/or Board of County required findings for project approval, unless current billings are paid is full prior to decrsi wat3er of its right to ,. Therefore, APPI.ICAldT agrees that in considetacion oftihe~ Ot~'TY an ~itial deposit in 5 • N'T' shall pay collect full fees prior to a detetmYtsahon of appl 3 1?[~'~ which as for l~ the amount of $ + deposit, App1.ICAl3T shall pay additional .tri processing of the application mentioned abov be made within 30 days of the billing date. shall be grounds for suspension of processing. pITICIN COCTNT1l Cindy Houben Community Dt ,~c-~ 3+225 y 2.d ~.5 +~ 3~ U velapment Director Pl~~i^q ~~lo isE italldli~ g 9 (JVbtiL Cpl-ic+~ F~ ToT A t.-- F i/ L- icl- c~f~~t;v,; 3nio? of staff time, and if actual billings to C'ClUNTY to piling Pow ~PProval revie CANT further agrees that APPLXCAIVT recorded co"sts exceed the ininat reimburse the ~COIJNTY for the w. Such periodic payments shall failure to pay such accrued costs rct Sc-Fei~alli Print Maine S~~ ,-tn t 'Signature Hate: i~K }-1 S 1 o a Mailing Address=; P~ i~arrir`9~°~ ~ ~X St.>bwtitEa~ JRN.21.2005 4~liPM PITKIN COUNTYRSiESSOR,_, nu.ni r.c ... i• a ~ ...[~..~.(1 r' PROP~gTY PROFILE ' Tom Isaac Pidtdt Count/ Assessor fi0a ~asf Main ~*t-~et, S~uifA 2D2 ` - ,,,.~..~,~~~n~~~ .:~~~.,, ,n~~,, Account: ROOBS53 AccounfType6 0000.__,,.___ 10/22/04 Pitkin County Page: 1 09:54AM Property kecord Card for Accourlf R006953,as of 10!14/2004 version 20041014000, - ~_.,.~ ANDRA BETA L m.~. a ~ R006953 Parcel: 246533401016 ' PO BOX HS 1 O Compa„y Situs Address: ~ HARRINGTON SOUND '016 W SOPRIS CREEK RD Tax Area: ' BERMUDA Acres: 35.03 BASALT HSBX ~ 81621 ' VALUE SUM MARY LEGAL.DESCRIPTION (May not be complete) Value By: MICA Override ,,, 5UB:SOPf~'IS tvu~OlSN'I`N~'R;4NCH ~0T:35 ~'_. ~ ~ ' LAND 750,000 '0 DESC. AKA PARCEL 39 Total Valuei 750,00'0 0 SECT,TWN,RNG:33-8-87 bESC: PARCEL 39 BEING PART OF S2SE4 OF SEC 33-8-87 & SW4SVd4 OF SEC 34'-8-87 ' SALES DATA p Rece t # Sale Date ~ $ale ~ Time Adj Sale A e Vll. _ Q/U Price Ratio Price price Ratio Typ Ratio 08-JUL-1997 WD V O A25,000 176.471 425,000 176.471 425;000 176.471 29-DEC-1989 WD V U .-25000 333.333 225;000. 333:333 225,000 333.333 LAND DATA LAND Occurrence 1 -LAND CODE NEIGHBORHOOD ~' 108095 `SbpRIS~MOUN7AIN RANG t1124137 SOP MT RNCH SCPRIS MT ABSTR:4CT_CODE ~ , 100 VACANT RES LOTS 'USE~_CObE`°`- '~~ .~ ~0 VACANT'l.A`Nb `~ LANDSIZE 35.0350 FT /ACRES SUBCODE ACTUAL EFFECTIVE HEATED ~ ~ ~ ~ FOOTPRINT LAND L 1.000 ~" ' TOTAL AREA: 1.000 ' VALUE '.. RATE....,. _ ~ ., ' 750,000 750,000.00 ABSTRACT SUMMARY Override Override Code Classification Actual Value Assessed Value Actual Value ` ~ Assessed Value 100 VACANT RES LOTS 750,Ob0~' ~~~ ~ ~ ~~ ~ ~~ 217,500- ' Total 2t7,50U 750,000 750,000' 217,500 County of Pitkin } ; . AP'F[DA~' tyF 1VO1`ICE`°8c } aa• MAILING P7{JRSUAN'~'`'I~ ._ ., _ ,__ State of Colorado } PIITCTITCOUNT'Y LAND"USE "" G' Ir~~ CODE SECTION 490 Appl',icant to the Pitkin County Develop en't"Permit etsonall` certi ~ t ng or'reprdsenting an p y fy I have complied with the public notice requirements pursuant to Section 4-90 of the Pttkin County I;an317se `Regtitations in the following, manner: '- 1. By mailing of notice, a copy of which is attached ~iereto, by-first-class, postage prepaid US. Mail at least 30 days prior to the public hearing to all owners of property adjacent to the subject property, a:. indicated on the attached7ist, on the _ day of , 200_ (which is _ days prior to the public. hearing date of ' ). The names and addresses of the adjacent property owners shall„be those on tie cutient tat 7ec''~ ~ ~ w ords of Pitkin County as they appeared no more than 60 days prior to the public hearing. .._, ,. 2. By posting a sign in a conspicuous place on the subject property has it could Fie"sL~a„ fromfft~~he nearest public way) and that said sign was posted and visible co~nt^inuously from the -1 day of f s ~ , 200 "-to the ~ ~ day of ~~ ~ 200 J (Must be posted for at lease fifteen (15) full days before the hearing date). A photograph of the P JANET LYNN :- ~ posted sign is attached hereto. RACZAK t 11 . O Cl~ I~Gt, ~ C.. ~ f ;CO,~ Q i~ ~jr. ~Gc';:;,rt nt's-name . Signature. (ntcach phg`aph here) . JR4C~K N Signed before me this ~~~day of ~ I 200~y Gam, ~ Noy n WITNESS,MY HAND AND'OFF'I'CIAL SEAL Myicomrni'ssion expires: lU-' 6' '~- J8 JGd.~.~r ~Vln ~hee~74e-~- "ZtSS' YCQr 066 ~sr~~.. ca ,n. ., ., v~,:z ., ..,. , . _.._. it. ,. , k.., ,_V L .. ,:.t, .,,~ ~C;ix~Y. ,, ~ e""~ ~ .. ~-. ., .. r , i ... ~~ J State of Colorado ) HORN ss AFFIDAVIT OF GLENN,.,:. , County of Pitkin ) I, GLENN HORN, Affiant, being of lawful age and duly sworn upon my oath, do depose and state as follows: 1. On March 16, 2005, I obtained a list of property owners adjacent to the subject property for the SCHIItALLI 1041 IIA,~ZARD REVIEW, SPECIAL REVIEW & Gh%fQS EXEMPTION (Case No. P018-05) . 2. A true and correct copy of the Public Notice was ,placed in the U.S. Mail, first-class postage prepaid, to all those named in thehst obtained from the Prtktn County Assessor's Records on March 17, 2005. TFZER, AFF,FQ,NT SAYETH NOT. C~5 (SEAL) '~ ~ /~ 2005 by GLENN was aclmowl~lged and si ed before me ort ' ftlcial seal. 10/6/2008 f~{ ' \~ N Y PUBLI' J L. Raozak 2 5 S, Monarch St 106 Aspen CO 81611 LIST OF ADJACENT OWNERS NO'T'IFIED: Federal Government Bureau of Land Management POB 1009 Glenwood Springs CO 81.602 GERALD D HOSIER REVOCABLE TRUST POB 12354 ASPEN CO 81612 ,_ ,: THOMAS & ROBERTA CORBETT TRUST . ,, . _, 5505 WANETADRIVE DALLAS TX 75209 JUDY JOANN I{ATES EGAN TRUST POB 3285: , BASALT'CO 81621-3285 ~ ~ ~ :.<:,~ yJti ~.. ,.',' ; i ~. PUBLIC NOTICE , _ RE: Schiralli 1041 Hazard Review, Special Review & GMClS Exemption ' ' " ~ ` (Case PO18-OS) NOTICE IS. HEREBY GIVEhT that a public hearing will be held on Tuesday, ` April T'9, 2005 to begin at 3:00 P.M., or as soon thereafter as the conduct~of business allows; at the First Flaor Meeting Room of the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Hearing Officer, to consider ari application subrnitfed by Sandra Scluralli requesting 1041' Hazard Review" ` approval and Special Review approval for this parcel"to Become a TT)12 receiver site mprder to increase the ailowablegttoyr area.` _The roperty'is known as Trot ` p ,..., arcel of of the Sr%2 ofothe SE 'R ofGSect on 33, and thesS W d of the SW y, land being part ofSect~on,34, ` .. Township 8 South, Range 8T West of the 6th P.M. The State Parcel Identifcation Number for the property is 2465-334-O1-01,6. The application is available for public inspection in the Community Development Department; City Hall, 13`6 S: ' Galena St., Aspen, CO 81611. For further information, contact Ezra Louths at (9'70) 920-5092... ;, s/James True Pitkin County Hearing Officer Published in The Aspen Times Weekly on March 20, 2005 Attention Applicant/Representative: It is your responsibility to do the following: 1., Mail this Public Notice to atladjacent property"o°ivners and miner least 30 days prior to the hearing with the return adilres`s o1`thejC~ Development Department. Tke names and addresses shall`be tTr'os tax records of Pitkn County as they appeared no more than 60°cta date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent ' applicant letter). as proof of compliance with the Code at tLe fearing 3, Pickup Public Notice sign from the Pitlnn County Community D'eve Department, 130 South Galena Street, Aspen, CO (97tl} 920-$526 ,...:. I 1 estate owners at m3nnifity ` oti the current ~§ prior`to the to yon with your opment` " 4,. post the Putilic 1V"otice sign on the property at least fifteen'days (15) prior to the hearing 5. Remove the Public:Notice sign within one week after hearing date G_ NOTICE TS HEREBY (iIVE1tiT that a public hearing will'be held on Tuesday, April 19, 2005 to begin at 3`:00 P M:, or as soon°t`hereafter as the conduct of <, , business allows, at the First Floor Meeting Room o£ the Courthouse,'S06 East Main Street, Aspen, before the I'itkin County Hearing Off cer, fo consider an' application submitted by Sandra Schiralli requesting 1041 T-Iazard keview ` approval and Special Review approval for this parcel to become a TDR receiver site in order to increase the allowable floor area. The property is known as Lot ` 39, Sopris Mountain Ranch, and is legally described as a parcel of land~beingpart of the S''lz of the SE ~/< of Section 33, and the~S~''~a of the~`SW 7Ia of"Sechon 3d, Township 8 South, Range $7 Vi~`e`st of t1~e 6`" P.M. The State Parcel Identification Number for the property is 2465-334-01-016. The application3s available foi ` ;public itlspection in the Cormunity Ievelopment Department, City Ha11, 13'0` S. " Galena $t., Aspen, CO $lbl"I. For further information, contact Ezra Louthis" at " ' (970) 920-5092. ' s/James True Pitkin County Hearing Officer Published in The Aspen Times'S~eekly`onMazch 20, 200' ' ' ' ` ' Attention Applic~nt/Representative: ' Itis your responsibility to"do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate ®wners'at " '" r G u s. t:-....~ W v.,... least 30 days prior to the hearing witli thr2 return aadiess of the Community Development I)epar'tinenf. Tlie names aud`adilres§~s shaTh6e those ~on the current tax records of Pitkin County as they appea"red no more Phan 60 days prior to the date of the pnblic hearing " "" ' 2. Spbmit the Affidavit of Notice by Posting $i Madmg (prevfous~y sent to you wa~fi your " ' applicant letter) as proof ofcomp)~iance witfi'ITie Cone at the"fieanirg. 3. Pick up Public Notice sign from the Pit7dn County Cottitnunity Development Department, 130 South Galena 5'treet, ~ispen, CO (9'70) 920 55"26 4. Post the Public Notice sign'on fhe property~at lea'stl`iffeen days ~f~ piioi•'to"tlie"`~' ~ ~"~~` "~"~ hearing' 5. Remove'the Public Notice sign within one week after hearing'date { ' ~'~' ~ . PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on April 19, 2005, the Hearing Office; of Pitkin County granted approval (Determination No. 12-2005) for the Schiralli 1041 Hazard Review, Special Review & GN1QS Exemption (Case P018-05). The property is known as Lot 39, Sopris Mountain Ranch, and is legally described as a parcel of land being. part of the S '/z of the SE '/< of Section 3~, and the SW '/4 of the SC~'la of Section '~ 34, Township 8 South, Range 87 West of the 6`h P.M. The State Parcel Identification Number for the property is 2465-334-01-016. This site-specific development plan`grahts a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. s/James True ; ,.. , Hearing Officer Pitkin County, Colorado Published in the Aspen Times Weekly, on May 15, 2005 x'3-0 5 ~, ,~ _ °c- ~'~" ^~ ~1 M+~ O '~ --~ VJ A N~ W 0 O H ~o a,~ Z w ~" a+N $ w a 0 B x6 U o ~ U 1'-~°1 H a ~~ n/ a o p m ~ r~ - ~ - w - ~~ ' a~ Mom- ~ - °~ m o o ~° ~~~Ma w~ zo p~ o;.. 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