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Home My WebLink Aboutpitkin.planning.273717300010_. M., ,. DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN TfIE FOLLOWING ORDER Suonmary 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 (11x1'n ~Y _ - ; ,,. . ~. ~ :::> , 1. ~.1, .. DETERMINATION OF THE HEARING OFFICER OF PITKIN C~OUI~TI', COLORADO; GRANTING APPROVAL OF THE ALEXANDER ANI)ERSOPT, LLC 1041 FfA7AtLD12EVIEW, CONCEPTUAL SUBMISSION AND SPECIAL REVIEW FORA "' '' CARETAKER DWELLING UNIT Resolution No. ~ - 2000 RECITALS 1. Alexander Anderson, LLC. ("Applicant") has applied'to the Pitkin County Hearing Officer for the following land use approvals: A. 1041 Hazard Review and Conceptual Submission. approval to: 1) establish a principal building envelope for the construction' of a single family evidence; 2) establish-an accessory building er[Welope for a caretaker dwelling unit; and 3) establish a development envelope for underground improvements such as a septic system. ' B. ,Special Review approval for a Caretaker Dwelling Unit ("CDU"). 2. The property is located approximately 2,'000 feet to the southeast of t p p rtY y o he Aspen CityT,imits. Thee roe borders the Mountain Valle Subdivision and lies east of State Hitrhway ~2 across from the north end of the North Star Nature Preserve. The property is more specifically described in Exhibit A. 3. The,Hearing Officer, at a duly noticed`public hearing on June 20; 2000, reviewed this application, and at which jime evidence and testimony were presented with respect to this "application. 4. The'Hearing Officer finds that the proposed accessorybuilding envelope is accepfatile provided that the two'concessions addressed in the Applicant's lefter dated June 20, 2'000 (1;xhibit B~ are complied with. These concessions include the following: ` ' ' " A. Limit the height of any structure built so that at no time would such structure be visi6fe to passing motorists on State Highway 82. The structure would be entire[yscreened from the highway. B. Vehicular access would be prohibited. ' 5. The Hearing Officer finds that this application proposes ~yelopmentin the'best possible location, given the hazards identified on the property. 6. The Hearing Officer fias determined thaE the proposed caretaker dwelling unit meets the standards established iri sections 3-150-130(B) and 3-210 ofthe Land Use Code. The Applcantproposes to deed ` restrict the proposed caretaker dwelling unit. NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that if does hereby grant approval to the Alexander Anderson, LLC. 1641 Hazard Review; Conceptual Submissim, and :. u, r;..:. .. , :a i ... ..:.:.... i f- Resolution. No. tq -2000 Page 2 - . Special Review for a Caretaker Dwelling Unit, subject to the following conditions which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to atl material representations made in the application and public meetings. ' cant shall either submit a land use apple ationoforea ScenicaGverlay evievvfor all st Pcturesior the Applcla'nt must demonstrate that the proposed development is insignificant and will not impact the visual qua]ity of the overlay area for a Planning Director sign-off pursuant fo Section 3-60-040(D) of the-Land Use Code. 3. Prior to submittal of any building permit applications, the Applicant shall record a 24 x 36 indi , mylaz 1041 Hazazd Review Site Plan In accordance to Section ~y~ 040 of`the Land TJse Cod4es' The site - ., m_ <,~~,~_~ .. ,~ ,.~k._. plan shall also be submitted in a digital format for integration into the County Geographic Information System (GIS). 4. Wildfire mitigation shall be as follows: Defensible Space: A. The area around the structure 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 10 foot perimeter around all structures. Vegetation in thisarea shall be; at 6" or less ~.e. mowed grass, low-growing perennials). No vegetation taller than 6" shall 6e planted in this area. 2. Vegetation reduction to break up vertical and horizontal continuity should take place for a distance of 100 feet on the downhill side and 75 feet uphill and to the sides. 1'n addition, the lower limbs of all trees allowed to remain should be removed tq a height of 10 feet or half the total height of the tree whichever is least. This lower limb removal is designed to eliminate ladder fuels. 3. All branches which extend over the roof eaves shall be trimmed. and all.branches within I S feet of the chimneys shall be removed. 4. The density of fuel within a 100 foot perimeter of the structures,_shall be reduced where natural reduction has not already occurred. 5. All deadfall within the 100 foot perimeter shall be removed. 6. The Applicant shall 6e respohsible for the continued. maintenance of the defensible space vegetation requirements, ' i iai~ii iiiii iiiiiriiiri rii~~i i~~~ii~rri iir~riiir~iiii i~r 445228""07/f9/2800 i2":45P 15E1'E'RMYN DRVI3'SILV2 2 of 9 R 0.00 D ~0 841 ~~ d(D`7~Y'1'~CIN~Cb~Ut~TY~Cd ~<__. Resodution No. Ici - 2000 Page 3 -, _, Structural Design and Construction Requirements: A. Roof shall. have a Class A; non-combustible roof system. Wood shake/shingle roof covering and flat roofs (up to a 3:12 pitch) are prohibited in all wildfire hazard areas: B. All vents shall be screened with corrosive resistant wire mesh of one quarter inch maximum. Maintenance: 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 (including firewood/wood piles) shall 6e stored on a parallel contour a minimum of 15 feet ,away from any structure. Miscellaneous: A. Fences shall be kept clear of brush and debris. $. Wood fences shall'not be connected to the structure... C. Fuel tanks shall be installed underground with an approved container D. Each structure shall have a minimum of one IO lb. ABC fire extinguisher. E. Addresses shall be clearly marked and visible witf7 minimum 2" notrcombustible fetters and shall be clearly visible at the primary point of access from the public or common access road and installed on anon-combustible post. A. Any outbuildings oradditional buildingsshall adhere to the samelstandards as structures. B. Swimmine pools shall be accessible to Fire Departmentvehicles. Utilities: A. Utility lines shalt be buried. 5. No development, including grading, 6erming, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the designated building envelope, except for utility and driveway extension and maintenance, extension of utilities to the accessory''6uilding envelope, and as may be necessary to implement the wildfire mitigation measures required elsewhere in this document. 6. All'areas disturbed by construction shall be revegetated with native shrubs and gra§se§ to limit water consumption and additional runoff witfiin one growing''season of the project's completion. 7. The Applicant shall comply with the following standards, for development on slopes of greater than 15%: o a~iio iiii~ iiiiii ii~oi. i~ii~~ ~< <riir~ iii riiii iii iiri 44"228 07/1/2000 12:4BP bETERMIM bRV25 SICVI 3 of 9 R 0.00 D 0`~ 00`"N i8; ~0 W'I7K3N` COh`A7V "CO ,._ ... :.... , ~. r, Resolution No. Iq - 2000 Page 4 A. Adequate mechanical support shall be provided for cut slopes. B. Adding water which may decrease slope stability shall be avoided. C. Adding weight to the top of the slope shall be avoided. D. Disturbed slopes must be contoured so that they can be revegetated. E. Steepening of existing slopes shallbe avoided. F. Confine cuts, fills, grading and excavation to the minimum area needed for construction. 8. The: Applicant shall comply witfi tfie following geologic mitigation treasures: A. The house shall be built to the specifications given in the Uniform Building Code for Seismic Zone II. B. Potential debris flow from the gully located adjacent to the. southern property line couldbe a possible problem. In most cases, debris flow will occur around the designated building site"due to natural topography. However, landscaping during and after construction of the house should be completed as to"improve upon the natural. topography to insure debris or mudflows will be diverted around the site. A berm or wall six feet in height near tlj!e top of ~lte envelope to four feet high near thehighway should be erected. The mitigation measures shall be included within the principal building envebpe and within accessory building envelope if a habitable structure is constructed. C. With respect to the location of the house within the principalbuilding envelope or habitable structure in the accessory building envelop, the house can he either placed at least 20 feet from the base of the steep slope, or the foundation wall can be extended 6 feet above grade and contain no openings to that height. The wall should 6e designed to strength"of60016s. per square foot to withstand potential horizontal forces. D. The potential forhydto-compaction can be easily mitigated by proper soils engineering techniques at the site-specific level to insure a correct foundation design. E. Foundation plans shall be submitted at building permit application. Building foundations shall be reviewed and certified by a Colorado registered professional engineer. F. Construction fencing shall be placed on both the principal building envelope and the accessory envelope perimeters to insure there will be no development activity beyond the envelope boundaries. 9. Any structures built within the accessory building envelope shall not be visible from State .. .o ,... N. ry g Hi hwa 8~~in a[( directi~ '~~ g y ons. height may need~to be firriited~~"Ve"h"icular access to the accesso~ buiidin envelope is prohibited. Utilityexfension to the accessory building envelope shall not encroach onto slopes 30% and greater. " i itiiii ti~i itiiit iteti t~~iti ~tti ioiti ~i~ ttii tits iota 446228 07Ii9/~000 12.~13P DE?ERMIN,DRVI5 SILVI,, 4 of 9 R 0 ,00".D ~ ~N t~'0 I~`0 P~"1'li~~ C~C'CJI~~1~'~"~~"„ Resolution No. 1~- 2000 Page S 10. Construction of any berms involving more than 50 cubic yards of earth requires an Earthmoving Permit. 11. A fireplace/woodstove application must be filed and approved by the Community Development Department prior to the issuance of a building permit (if necessary). 12. Prior to the issuance of any building permits, the Applicant shall obtain a septic permit from the Environmental Health Department.. All sewage disposal systems must be designed by a registered rofessional en weer. Sewa e dis osal s stem shall be located within the a roved buildi p g~ g P Y ~. PP ng envelope. 13. Prior to the submittal for any building permits, the Applicant shall provide documentation of an adequate domestic water supply on the property. Quantity and quality of said supply shall meet the approval of the EnvironmentalHealth Department. The well site shall be located within the approved building envelope. 14. The Applicant shall comply with all codes and requirements of the Aspen Fire Protection District including access. 15. Development of 30 inches above qr below grade within the required setback requires approval of a variance by the Board of Adjustment. 16. A 50 foot variance from,the Board of Adjustment shall be obtained for encroachment into the 100 foot highway setback for the purpose of the principal building envelope. 17. The Applicant shall comply with the following wildlife mitigation A. There shall be a limit of one dog on the property. If a dog into reside on the property, a kennel shall be constructed prior to the issuance of a Certificate of Occupancy. B. All trash/garbage shall be contained in approved bear proof garbage containers.' 'Prior to Certificate of Occupancy, the installation ofthe containers shall be verified.. C. Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in the area. D. Fencing outside of the building envelope shall comply with the Pitkin County Fencing Guidelines at the time of building permit. E. Native vegetatioh shall be maintained outside of the building envelope. In addition, native vegetation shall be maintained within thebuilding envelope to the maximum extent possible. ,Standing deed aspens shall be preserved to the maximum extent possible. F. Weeds shall be controlled on the property per the 1999 Pitkin County Weed Management Plan. G. When existing vegetation is altered for an access road, utility line or similar uses, the Applicant sfiall cooperate with the County and the Colorado Division of Wildlife to devise a compensation plan acceptable to the. County. Such compensation plan may substitute (ih a nearby area on the subject property) vegetation equal in type and quantity to that being removed to mtigate effects on wildlife species. I" III mill ~~IIII I~'I'~I"I, 44228 0Y/18/2000 32.4BP'II III"I III "I~I'III I'II S of 9 R 0.00 D 0`:00'N 0,DE7ERMIN DAVI5 SILVI 00"PfTKiN COUNTY CO _._. square eel o }Tour area a me usive ' as~Ic e me y t e T997 Uhl orm S`uilding~~- ~` r , Resolution No. ~_- 2000 Page 6 H. Tall, overly mature trees and standing dead aspen should be retained whenever possible for nesting and roosting habitat for woodpeckers, raptors and cavity nesting songbirds such as 'nuthatches. I. Livestock and horses hall be prohibited. 18. The Applicant shall submit a Drainage and Erosion Control Plan to the County Engineer for review and approval, prior to the submittal for any building permits. The plan shall address the management of runoff during construction. 19. The Applicant shall comply with the following access and driveway requirements: , A. The driveway shall be designed to comply with County standards. B. Prior to the submittal of any building permit applications; the Applicant shall submit an p pp y he County Engineer. The Applicant shall submit a Access eprmrt for revteP apd a royal ytand detailg with the intersection with State lan and rofile of the ro osed drivewa ' Highway 82. C. Prior to the issuance of any building permits, the Applicant shalGobtain an access permit from the Colorado Department of Transportation and Pitkin County. ' "' D. The inside radius of the turnaround shall comply with the Aspen Fire Department and County driveway standards. E. The driveway shalt be constructed as to avoid the need for anyretauting walls that could restrict wi ldhfe' movement. 20. The Applicant shall comply with the following standards for the caretaker dwelling unit: A. Prior to the issuance of any building permits for the unit, the Applicant shall record a deed restriction for the caretaker dwelling unit with the Housing Office. B. Housing Office staff shall inspect the unit prior to issuance of a Certificate of Occupancy. C. The kitchen unit shall contain at least a tvyo-burner stove with oven, a standard sink, and no . ,; less than a 6 cubic foot refrigerator plus freezer. D. The caretaker dwelling unit shallbe limited to 700 net livable square feet as calculated by the Aspen/Pitkin Housing Autfiority: 21. Lighting shall comply with the Pitkin County lighting standards at the time of instdlation. 22. All development must comply with theprovisians of the Pitkin Cognty's Noxious Weed Management Plan. 23. In accordance with Ordinance No. 2000-02B, this approval shall permit a maximum of 5,570 square feet of floor area (all inclusive) as defined by the 1997 Uniform $uilding Code. 44°522807139I2P1~0 $2:4t51~ b,EYERMIN DAV'Y5 SILYI 6 of 9 R 0.00 D 0.00 N"0.00 PITKIN"COUNTY CO" - _~ ,,. ., ._, ,.,~~... ~.-w.n. ~,~w..~_.~., w..i:.:m.., . • ~ ,:.: *, tt=ervm ~^N•-+~Wee^wew+i,~&elu:~+;~^ ~Nw^-~a+w ;~d~i.. i. r .~:,r~:,:,;"v. Resolzetion No. ~~- Z000 Page 7 24. For any free market residentiaistructure of 5,000 gross square feet or greater, the Applicants shall comply with Section 4.01.01(B) of the Pitkin CountyRoadManagement and'Mairttenance Plan, which ` requires the Applicants to provide construction trip and residentia} trip generation studies. The Applicant§ shall comply with this provision as it is in effect at the time of building permit issuance to the satisfaction of the County Engineer. 25. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject fo the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-I05. The statutory vested rights gtanted herein shall expire on June 2Q, 2003. NOTICE QF PUBLIC HEARING PUBLISHED IN"THE ASPEN TIMES ON THE 20THDAY OF MAY, 2000:. - APPROVEb AND, ADOPTED ON' THE 20TH DAY OF NNE, 2000. ` VESTED RIGHTED NOTICE PU$LTSHEb ONTHE ~ DAY OF , 2000. ATTEST: ~\ Tenley Ta lor, Administ tive A sistant APPROVED AS TO FORM: HEARING OFFICER OF PITKIN CO('UNTY, COLORAbO °"" "° !J<~i~n,,~ l ~Q ~1~~P_ Lance Clarke, Hearing Officer Date: ? I G (c~c~ APPROVED AS TO CONTENT: ~ "' .~--s-/ John Ely, Coun otney Case #P47-Q0 273717300010 ~- TS.oo m y Houben, ° ` Community Development Director ,:. ,~ a~_x ,,__ p- - -~--- . Order Number.• 0oo"2~E73 _,.. , , .. .._ •._ , _ , LEGAL D~'SCRIPTTbN ~ ~ . Westaof ths1siacth Princz a1 1Yer`zdianebeinn 17, pnrtihcuZnr Sovtli, Range 84 •P g'aore Zp describe3 as follows: Commencing at the; south 1/4 corner of said Section 17; thence North 01°27.38" Weat 543.93 feet e1on~ t7re east Zsne of~sasd LoL 13 ' ~ ~.,.,w~~.~,~,.r.~..r..,w_...i.. r.~ i . ., . _~.:. _ , (the north south cenLerZine of Section 17 dg defirt~e`'d "b~%`~~`~l9`~vieav oaf Land Management survey) to the point of beginning," thence North 01°27'38" Wes't'y55:0`§"Wesf 755:63"feet along"`the east Zine of said LoL 13'to the northeast corner of said Lot I3 ~ "'" "" thence South B9°35'11" "Westt 1035'73 "sh"eet along tie `north ~ine of said Lot 13 Lotal3rthe no ae forth the witndsa c'6~rn" Eo t7ie'northwest corn6r of said rtheast corner of a tract of Land descrsbed "in Book 356~at Page ' y. ,.... ~ ,~,...~~ ~~,.~~..- • .,x,~ ~ ~~. .,~~ 345 of the records of the dlerk and recorder' of 1litksn''ounty, C'~o2~ora~o; thence South 00°09'00" West 124 3~ 3°eet n~ng t~75e east'""~iiie' of said 'tract described in'Book'356 ai"Page ~4"5` to"~the`noizth rig}it of-way line of Colorado State Highway No. 82 ns described in Book"~74'nt Page 474"~ ' County records; Sovthe70°57~45aZEast943.27 feetZ~e.,_the following 'cav'rses', thence 240.90 feet along the `arc of °a curve to the right ht „= a 623.00 feet, a central angle of 22°09+17"a ~d svhtendi.ng i South 59°53+:IS" East 239.46 feeC`," """"` """ thence South 48°48'45" East 301.50 feet; thence 290. T6 feet along the arc of,a curve to the right, 336.50 feet, n central angle of 49°30 28", and svbtending~a South 24°03`'45' East ?81.bb ~~e`et;" ° "'~~~ "_ -' thence South 24°21'45" "West"34.00 fee$ "' ` thence leaving said right-of-way line on a course bearing North 90°00'00" East 404 "52 feet a3"ong the'nortli Zine~~of, a tract of Zanrt described in Book 265"at'Paye 406 of sand Pitkssi County records to the northeast corner of said tract of Zarin; ` thence North 90 00 00" East"6'9.II'feet Lo the point ° ~ of beginning. COONTY OF PI~$I11r, $TA~I'E`Op" CO~O'~1~0:AN., ". .".. ,'.,;`~...,'. ~ •, ~.,. ~ ~ "" ,~ ` ._ a radsvs ,_;.°f r ,a, raKivs" of ~~ •d bearing' H'O b~. iq•: acco Ho amt. «-aooe Joseph Nell 602 Midland Pa Aspen, Coloradc Phone: 970:425:E Facsimile: 470.9: e-mail Addiess: June 20, 2000 .. ... ~,.,. - A ~ }- ~ ~, 3 ~ I, ... > Land Planning k Place 81611 (Temporary) Ms. Tamara Pregl Assistant Planner, Pitkin County Community Development Dept:°' 13Q South, Galena Street - Aspen, Colorado 81611 Hand Delivered Dear Tamara: As I discussed recently with Lance Clarke, I am writing regarding the 1041 Hazard Review Application for the Alexander P. Anderson, LLC Parcel. The CommunityDevelopment Department has expressed concerns regarding the property..,Accessory Building Envelope of approximately 500 sq. ft. on the Y s ze of the Prince al Envelo 1 e ~In orde envelope because of the relatively small ' 'p p r to address concerns raised by staff regarding the envelope, my client would like to propose two concessions.,, First, he would agree to limit the height of any structure built within the Accessory Envelope so that at no time would such structure be visible to passing motorists on State Highway 82 in the vicinity of the site. Tn other words, the structure li tdwould a bee fh~ely screened from view from the highway. Secondly, my gr at vehidular access to the Accessory Envelope would be prohibited.. Construction within the Accessory Envelope;would have to be completed without vehicular access. Vehicular access to the site would be'limifed to the new driveway alignment and to the Principal Building Envelope. Please let me know if these commitments address staff's. concerns regarding the Accessory Building Envelope. Joseph Wells ri~iiii'riii~iiiui~~iiriiaiiriiiiifsiiiriuiioioiii, . ,: 443228 07/19/2900 12 4gp DETERMIN DAVI5 SILVI 9 ef'9 R~'0 00 D 9.P10`N 0;'A0 ~fTK~hl"COUNTY CO 'r .r. .r w.. , ki d*zaew ,~,r'{ w .. J. .....,..... m .. K S ~ E ... .. _ 'n' ° µ. i , , e ... ..: .I. . ... ,. .., .. .. i.. i:.. March 15, 2000 - ,, ,i, A PARCEL bWIV~D ~`1' .. .. .. ~, ALEXANDER P. ANDETLSON, LLC ,:w i Application for 1041 Hazard Review, k ~ Caretaker Unit Review and, Special Review ~? ; ,. . , , Submitted to: Pitkin County and Pitkin County Community Development Dept ~,,, 130 South Galena Street. i. ._.. Aspen, Colorado 8611 Phone: 970.920:5090 ,,,, FAX: 970.920.5439 Applicant: Prepared by: Alexander P. Anderson, LLC __ , , c/o Joseph E. Edwards, III Hill Edwards Edwards & Adkisson LLC '' 502 Main Street, Suite X01 `` ~..-,. Carbondale, Colorado 81623 .Phone: 974:963.3900 _ _ , FAX: 970:963:3131 , _,,: i ~. ' wocYar rrcaaa Joseph Wells Land Planning - 602 Ivhdland Park Place Aspen, Colorado 81611 "`~ Phone 970.925 8080 FAX: `9'70:920:4378 _ ^^~ - Surveyors: -. Ken Wilson ' Schmueser Gordon 1vleyer, Inc. Inc: ` ~* 118 West Sixth, Suite X00 Glenwood Springs, Colorado 81601~~ _ ~ ~~ Phone: 970.945.1004 ~"` FAX: 970.945.5948 - " Roads and Utilities: ~;,,, Jay Hammond...... D Schmueser Gordon Meyer, Inc: PO Box 2155 ` ~ ' ~,., Aspen,, Colorado 81612 ' Phone: 970.925:6727 FAX: 970.925.4157 °' ~ ~ ~ ~- ,~ _~~ ,._ r ,, ~ , . ~ ~` ~, ' ; ,,. ~ _ ;~, r.„ j ..~ r ~.., ~, +' ew .-. rt k~pCn '*0.' +v ~ J rill Si WSa~~KM.h`TMXka'~' '. •y Y: :LLB ~ ...t:n 1LY .r ..- .}a .~.c^¢ r.-.v~-y5bi41 ?+* ~ I _ TABLE OF ~OlVT1~TS; .~ ,- , Page "" I. ,_ . , INTRODUCTION:..... I .. II. PROPOSED DEVELOPMENT. 4 III. SINGLE-FAMILY DEVELOPMENT Ihl AREAS OF"LOCAI: ` ' " ' A ,a,.,. AND STATE INTER`EST' 1041~I~~~I~DVIE ~ ~ .. _ ~ _ (SECS. ~-8tl; 4-60 & 5-70) 6 IV. CARETAKER UNIT 12E'GI`E4V' ` ~ _" " (SECS. 3-150:30, 3-150.I3"~~~'~-50`& 5-50) :.... . ........ _ . ~ _ ~ ;,, 22 , V. ADDITI , ONAL 5UBMISSIONREQUTREIviENTS" ~~~ .. . ; , .;. (SECS. 3-70 & 3-110): g~ " . VI. EXHI13TT5 ~ , A. Additional Submission Contents: A~. Applicant's Eetfer of Au~honzation to File,. ,,,, , A2. Pre-Application Conference Summary: A3. Disclosure of Ownership. - a. General Warranty Deed. b. Title Commitment. A4. Names and Addresses of Adjacent Landowners. Engineering Report. Schmueser Gordon Meyer C. Geologic Analysis. Nicholas Lampiris Ph. D., Consulting Geologist D. Draft Occupancy Deed'Restriction for the Caretaker Unit. ~,.. .... '. _ -. I. INTRODUCTION: This application for 1041 Hazard Review and Caretaker iJnit Review by the ~ounty`is ' ' ,:;~. ,~ ~ t ~~~;.~ ~~~.,~~ :_~ ~ ... ;~.,,,,, filed on behalf of Alexander P. Anderson, L1;C, owner o~ a parcel of 12:2 awes in the AFR-10 zone district. The AIexander 1`'. Anderson, LLB property fs a metes and bounds .. p g Y g t 13, Section 17,1~ownslu 10 ~uout~, Ran e 84rWest, 6th .M. Thed to lie ocat date in Lo " """ adlacerif to and to the east of ~TigTiway 82: 'The`"' si~e r is located approxunately 2,000 feet, to the ~ith'~as o"'it e p City Timits'(see ~, Vicinity Map on the following page). The parcel is a~legal lot with respect to the dimensional requirements of the underlyutg' AFR-10 zone district. '' On February 10, 2000, the County Commissioners adopted Ordinance #2000-0028, r- ~..___ ~ _. ~__...._ ~._ . u confirming asix-month temporary moratorium prohibiting the acceptance, processing .ti..,~, or a royal of certain develo merit a hcations. S ecficall Tara a h i of tfie x ' PP p Pp ~ p Y, gr P ordinance prohibits the processing of development appficatioris that would result in fhe . .. , :. ""' approval. of residential developrnent in excess of'5,750 sq. ft. o~ floor area (a11-inclusive). ,.,. The applicant is making application for 1041 Hazard'Review approval of the'proposed' building envelopes. under the lunitations off the temporary moratorium. The.. applicant ' ' tes, however, that if the Code amendments being contemplated under the r, anttcipa_ _ . ~ :.,. , ,. moratorium are adopted prior to the issuance of a building permit, the applicant wiij lie eligible to uhhze those rovis~ons, rf it wishes to do so. ~~~'- As the accompanying Conceptual Development Flan following page 4 illustrates, the ""~` ''" building sites are located on relatively flat land ad`acent to the"li fiwa' . The ' ~ "* ~ a , 1 g Y S4 :. ' topography within the property rises sharply to the east from the highway, except at r~ the southern end of the property, where a broaddraw extends. gradually up and away from the highway to the base of the hillside~tocated along the northeast side of the ~. draw. The arc,.. p el is presently vacant. Existing improvements on the property are limited to some fencing and an overhead Holy Cross powerline. An aspen grove generallycovers the flatter portion of the site and gambel oak and other mountain "~ shrubs are the predominant lant material on the steeper hillside. P ^°Electric service is presently available from the overhead powerline which traverses the property from north to south along the west side of t~C"e' '` y. Natural'gas~ service „~, and phone servile" lso st~ailable adjacent,t othe„~site along the highway. ,...._„ ,.~; ,r- 1 ~: ~. ~ ~~~ - - ~....x._ ~,.. ~, _ .. 2 `t!2 d ~', ~6 ~ r ~`t _ r ~_ ` ~; 't'v`- `~~_:t?'~.._ IF_ ' "s blr o~ ",-_ i~ '=>^- „~, ~ w m .. ~.r +~ WWI ~ ~ ' /~ r~ - :~\>~ = R.:: ~~~"` ='~ `Y~\\~~ ~ \ a c . ~ y r r ° • " A~ ' , I.l`^-_ ` • \:\: J c~v \ Win, ~i~~-` `~~ ', ~\_ . ~ _~- \ ~- ~ i'~ry~~'e ~~( F°ey / ° \ R d B tte I., 7~E,~ - r'~ ' \ J'~-= ! /~ ly ~ ~v r ! /. .r~i"''~~\` 1 u ~~ GOLF COURSE \ \ ~ e et ry. .• '~- i \ .\D~nl°~.~ ~ ~ -- -.-.~- ~ l q' _\ 1 /t' I~ ~I'I •~/..I \" i ~~ + e-."'\ ~ I I 1 i ~\, ~y ~,\ s\ low pp, 1 r l ~ ~ o _ - \ ~ ~ SUS wackeh ' ~ '",,~,f ~~ ~`" J \01 -71V )IL~\ ~I~ ~ -_ ~~~II \ \ '1 .... 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I`1 \~ t~/'I Il i~~i: l~r /\1~ K/ ~ Cr~.4't~r.~ ~ ~` ~\a r7i I,I(r M~r ~l,/' S.. ~~p0 I 1 ~~ ~ j1~ 11,1 ~ j I ~ ! ~,•)' e~~~ 2:~~:a .,~~~ r \ ~'\1- \ ~ \r~-,~/u \1 t ~~\\\\ ~, ~ ~~' h 1 I r i. 11\ \ ~ Ki ~ _,• / :~ .y I~ _ I I• ~. ~+1 1 r~ \ ~ 1/~ ~ \ \\\ yt a /,,._~``~ (// N'0 I t '' ~ 1 '~ , °/31 ~i ~. • !• • t. t ~n ~.. 1,1.1 \ nt„ ~T\ k, / I nAt s\ \+'\I \\" \ F - ;7~~ / Rk r Ul `' ~ \ ~ /_.' ~ '~ ' \ ll\ \\-,., II \I,\ \ `, ~ ~--.• ~ ~ I 1 }~ t r I U ( Bw0o~4 / `---..~ '~ +t ~ ~~ ~ ,~~...'~.--"- ~ ' ^;\ U \n l I' I ` w ~~/ I ~' ~~ll I '1 I,~ „ I ~ v c9~- ~. -- \ \y~i ~ -T~ ~ ~\ ~', .'`~ \~ \t~ '\\ r r \~ ~1` r ,. ~ iro ~/,le°"" / Ji ~ _ 1 i O -m ~ I ° ~ I ^µ~\ -'111~"'m ~ ?~~\ ~ j ~``~ \.`\\\ a2/,--/% ~~= t\it '• ` ` ~v. ( ~~rl r~ t ;p0`?~l~\o \C. `NOO: n l'2 \~` Grave Plts•~-~ .' - v ~' r ^^~ llf r 1 ~\ "~.. I I ~ ~.~ / ~ mil-. ~j Grp/r/~a /~!/, '1 \'\1\'11' T' \ ~"r/,. ~~ ~~\`11\\lti-~~~\~ \\`,~/ _f 82~• ;~ ' J; ' 4r-\\\' 1l ~ ?'~'`1 \ 11 I r,F~ ~r 1}^~\\\~1„Nl a `,~~'„ \ \\• ~ i :v\\\\~ilr; l'I F~r ii ~ ,\~ ~\1\\~\\1\ ~{r?, ~yi1~ Il 1r ~1, ~ ~ v' oo> ~ ~~.._11~ ~ \\ ~ ~ \ /Il 1lm. .. ~!, s /// r I ! --~'`' v r 1 I 1 { ~~ I / 1 ` 1-. '`~t.v~\\l --"'\~~ n\ ~ -~Yi l ~'OOr ` a I r ~\ {,,i i( r o,ol r/ ~ 4 F' \ ~`•iti~\ moo\\\~; \ i\l ~ ;II r° / m II' r / ~; _,, sir ~ 3 i I\` ro' `\ '~\\`. \'I\~ \ ~ \\>. \ r, \ f,j r~ 600 SV Il ~ \1 ~ / /~ i. ~ I f )1\\ \~~ 1~\~ ~Y P ) \ r 1 ' r ''~~~Yirr~ ~^\.~J', rir / ;. 1' it 'j 11~i \ „,Irl~l'11 ~ „( ~\\o\l, - /lt ' \•,.4 \ _ ~ otio I 1 1` o° -n \is' ! 1 I- ;111! R 11 I ~ -\~ -~~~'~~1'1\\p 1 ~ ,I .. ~ j . ~ . ~J \ ~_ ~ y i / I r - r /I / I \'' ~1 l f t ! 4 r 1 1 '\\-."\ \~_ V,11I I r \\- 1 / /"F I ~o -, r~ °~y',1, (`/ I l \/ \ 11 /. 1.~ l`lJ II "' log c i-' ~- ~ ~ ~,~1111 I \ '\rlw 'h'/ % I \\ I ` ~±~i'1j ~'/'~~\~~r~0\`yI .-`i r - ." ' Alexander P. Anderson, LLC Property ~, 1041 Hazard Review ,.. Vicinity Map 2 .. _. -' ._. ., ,... _.,., .. .. ,..... ...:: i ,w..~:~-,.. ssxp r..',.,,~~;..awrwm,-..n»ww~:9:r.+w mw ~. x. N ~ ", w... ...~. _ .x., : a. :3d., , ,,, a,v A review of the County's 1041 hazard maps indicates that the buildmg site is located at _,. ~~ ,....~_u „ ' the ed e of an alluvial fan. Portions of the buiI'ding envelopeS,nclude slopes in excess g ~. of 15 percent. The maps indicate that the hillside to the northeast of the building ~" envelo es is a otenhal ~avalanclie h ~~~ ~~~ ~ ` p p azard area. ,The Ii~ITside is also mapped as a severe wildfire hazard area, the typical designation for the Steeper slopes along the east side of «~ the highway. The flatter land around the building envelopes end the land on the west ' ;__ side of the highway is mapped as a low wildfire hazard area. rm Be nin a roximatel 300 feet _,; gm g pp y vertically above the valley door, at an elevation of 8,400 feet, the upper west-facing slope is mapped as ells winte',r range, severe winter, g ~~ There as' also a maha ed elk mi h anon pattern a mcludes only a small portion of the site. pp gr p approximately 1;5b0 feet fo the south of " the site, across the north end of the C"hesley property. *~ ~, ~,• ~, :. .~, .. »~r ,. I ~,- ~„ 3 F"1! !; t ~ n. .. ,... ,.. ~ I yw.K _ ~: -::. _.... ~, ... ~ . .. .. r~. ~;~;, .. ~. ,.~. ... ~ i^ a .,, ~ ~ ~. ,... ~. ;... .;n.. ~: ,.: ... ..:. i .., II. PROPOSED DEVELOPMENT: The applicant seeks approval`of 1041 Hazard`Review for a~prc envelope, as illustrated on the Conceptual Development Plan ~.._ _. .~ ~ ~~ ~ .E - u.r,4, The boundaries, of the triangular-shaped ~ui~ding envelope a; by the proposed setback from State f ~'ighway $2 as discussed of the property and a 30 foot setback along tl-e southbounda north, the envelope extends to the base of the steep hillside. As illustrated on the approval of a building envelope which extends 50 feet into th the highway right-of-way for areas south of Aspen, as establi: of the Code. If the ]3d~of Adjustment subsequentIy~grants' posed principal building on the followmg page. 'proposed are~determined ~~ . e`tow along the west side ry of the property. To the a ,, (once the residence has been designed), tlie-litildii "n'g envelope xvill utclude approximately 8,000 sq. ft. It is important to`'note that the building envelope is well screened from view in both directions of travel along the highway as a resulf "of existing topography and the existing residence to the south. A small triangular-shaped accessory envelope of approximately i,OdO ~: ft. is also proposed-on a small bench to the east of the~prut2'~paT'fiuiTdin ` e e~'ope. A development e~elo}~`e`wvhich indizdes the are `~ ~'~~ "'~'""'`'~ ~ ~~' `~`" `~"` ~~"` ` ` "`'~ "" ` ~ a to "tlie west ot't"he principal ls~tilc~uig '" envelope and which extends to the west property line;s`mpropOsed for"'ii~derg ound improvements, to accommodate the septic system~or the site. .F „' i The requirements of 1041 Hazard Review are'addressed in Section III of this application, beginning on page 6. The. applicant is also seeking approval of the right to construct a caretaker unit and is requesting the option of either locating the caretaker unit attached to the prncipal'residence or within a detached accessory building within the building envelope. The requirements of Caretaker Unit Review are addressed in Section IV of _ ~.. pp ` ' ~ ` gin ' g p g "c Review>'if requi'red for the parcel; will'lie addressed in the future oncoe archit~ ural drawings are prepaYed for the residence. ---- __.. ~ ~~i .:.. .a< x ... a, P , ~~/ i ~~ ~ v /~h ~~~~ SLZS'SZ6'OL6 ~a1?~?saeg //~~'~ 0808'S26'OL6 :auo~ // _ IL9I8opeioioJ 'uadsd (~\/\\V OOZ OOI pS a~e~ X3ed P~fPII~i Z09 ~. SZ U O 8unnxe[d Pue1 sT[aM gdaso[ ;aa3 OS = Y~uI I :ale,S an{de.xJ ' ~ ~~[d P~Tri ua3 an~g :sadopnu3 9u!p~ng fo aP!~o0 laa j owy:sadopnug ~!P9^9 u!Y;;M I£I£'£96'OL6 oagtms~e3 :;eva;ui mo;uoJ 006£'£96'OLfi :'airot~ 0002'SL 4azeLY £Z9i8 ®PE~oTOJ'afeP~ge'j o e.~o o J uPi1 d IOZ a;?uS aaa.AS u;eyy ZOS P L J'~uno ; :pua8al ~J•Z~Z'uosPipy ~P sP.ceMPH 'spmMPg'LfFfi 'NI'd H.L9 "M b8 'TI "S OL'.L'LL uonaaS u; peel III'sp~~+Pg '3 gdasofo/a 'I~,g'~~,'I'I NO5u~QN~ H.I. 2I03 xv~u L.NSivaai~naa'Lecaraa~rtoa ~J'z~z'vos~pud _ 7 p ~y~ M~IA~2I Q2i~1L~'H I~OI ~ ~ ~ ~a a~ - - _ ~ -- - _-- _ ~_. ~ -- ~W 1/ d / .~ n U a q P. ~ g-yp0 j ~ ' '~_/ ~ ~e~ ~~. ~~ / ~ ~; ~ ~~ _ ~ - G n 9 /~j ~ , /// ,~ ~. ,,, ~;,,: ; - ~ / ~ p ~:i M P t' H o~ G ,~ X~ c 6ry a ~a9 > ~r Q a vs' .. '~^ 9"' y> ~„'' oft' ~ ~~' ./ a ~' ~ . ~e, ., k~. ®:3" x ~<: / .ra?~ ~ I r~ ~". / Y.py off.. ~ ^ ~~ ra z `~v ~~ ~,., I_ ~ ~~// t'- N k 4 ~~ N .~ q O i ;. ~ '" °"" '3 a• ., x* ~. ~- ~: 's 1041 hazard maps indicates that the building site is~located at A review of the County site~also the northern erunet'er of a mapped alluvial, fan Portions of the bu>1 ' g ,.,~ , .-.~v~:, • , p _.~ _. _ , include"~lope"s i1i excess of 15 percent.. The steep hillside to t~ ical desalt ahon for a ea envelopes is mapped as a severe ws~dfrre hazard area, the typ .. W , s."s& nc.r:,.. ,.. a ~: along the east side of the highway. The flatter. areas at the base of the hillside and lan alon the west, side of the highway are mapped as a low wildfixe hazard„ area. The C5U g x , ,:~ ~ r Ne.w~ pp maps which were adopted in the mid-1970's indicate that the ,hillside above the buildmy site maybe subject to potential avalanches Beginning at an elevation of a roximate 8,400 feet, the Land well above the building envelopes is alsomapped as elk winter g ~ F. ge and crihca~l habitat and an_arrow >r~dicatmg a mapped ells.'., #r . r = -:....w'ndxvk~+ai.4t"iK f.4.~ <`c,M(a.~~~ /W-7.+ e A migrat on pattern es shown approximately 1,500 feet to the south of the site. Local and State Sec. 3-SD of the Code contains development standards for the Areas of / 1041 Bnvix'onmental H a~~ es exempted ii? .Section ~3 80 02Q bards apply to all n m which do not d elude the proposed deve os mentf~activity) within area"s°m~~ped on Pitkui County's' p p ed areas known to be M.. .,.W, , .. ;,. ;. ., . , , ,, , adopted Environmental Hazard maps as well as wit.. iiillria , Areas of Local and State Interest/ 1041 Environmental Hazard Areas r • ation The proposed development of a single family dw~lhntg nrutnot eligible for consider customary accessory uses as proposed in this app pursuant to the procedures in Section 4-40 (Administrative Review) because t e building site is not located entirely outside of all relevant 1041 Hazard Areas. Therefore, the proposed development is r"egiiired to be reviewed by the Hearing Officer as a Ma'or Review ursuant to the rocedures of Section 4-50 (One-St 1 ~ p p ~eP Review). .CN'3JH3d OE 30 SSHJ%3 t~D SHd015 .I[T3JN3d Of di 51 WON3 SHdO'IS .7.M30xHd St Ol0 WONd SHd015 ~- /~ :pua9a~ Sfld01S ~~ i SLZS'SZ6'OL6 :alnmsoe3 0808'SZ6'OL6 :auoyg II9I8 opezo;oJ'uadsy aaefd xRd P~IPTNI Z09 Runnze~ pue1 sOaM ydaso j ua~[d P~1 I£L£'£96'OL6 :alnmsoed OOfi£'£96'OL6 :auoyd £Z9I8 opezoTo~'arepuogieJ IOZ a;rnS';aaz;5 ~YQ ZOS 'J'T7'uosPiPd z8 spxe.HP3'spzemP9'II!Li Iu'spzec+p3 •gydaso j o/~ •J~Z~Z'uoszapuy •d zaP~id ~ueaRddy T~I1fl OOZ OOI OS SZ 0 ~~ ~a3 OS = VauI T :aleog anidee~ ;aad anl3:sado[anvH 9u1P1!vfl 3° aP!'~v0 Wad om].'sadolaevd 9urypnH vPR!M :Ienza;ul mo;uoJ OOOZ'SL ya~Y~t opezoto' '6;uno'vnprd 'NI'd HS9''M b8'N "S OT'S'LL uoT.ua511T P~'I 'Id~2I~d ~1'I NOS2I~aN~7 dH.L 2I03 MdIAd2i Q2I~Z~H Zi~Oi \ \ ~i~~~ d' a o ,3 of ~ c ~ w ~'' _. ..~ e 7 /~ ~ ro ~ ~ Or N CV d 'C. V P~~n tl 'w++~ ~;I Q+-w.uW lCr+..~ ~ .~ r: ~ ~;a fry.;.~i;~"~ ~F` ~h.. _ _ _ _ ~~ ~~~ ~-- _ w..~ 'f"'~"'T ~ ,. ~ - SLZ8'SZG'OLb ~a[S~~'E3 ~' 0808 SZ6'OL6 :auo!;d ~ OOZ OOi 05 SZ 0 LL9i8 opzsoTo''uadsy ~e[d ~[1ed P~IP?L`I Z09 $unluBld P~'I s[RM iTdaSO[ iaa3 OS VOirl i .ateog xydesJ iaa3 an!8:sadoraeu3 gu!P[!o9!o aPrsmO :ialLiletd P~'I iaa3 ox,[:sado!anu38'+!P!!ofl oP[i!M ~ :tensaiui moyuoJ . i£i£'£96'OL6 :atnmsoe3 OpOZ'SI 9~~I^I 006£'£96'OL6 :auoyd £Z9L8 opesojo''ajepuogmJ ope3otoJ'diunoJ unpid IOZ aamg'aaas!S ineLQ Z05 'NTd HZ9 "M 68'iI "S OI'Z'LL wpoaS u? P~'I :pua8a1 'J'T7'uos!KPtlsB~~+Pfl'sPm^+P3'lt!H III'sP~^+PH-ff ydasoj o/O 'Id32I~'d I'I'I I~iOS2IdQ1~~ dH.L 2103 J ~ ~'"osxapuy •d aapuexary auea~dd.~ IAd?I Q2I~'ZF~'H ili0i Md Sd3Nd QYVZdH IfiOL QHdddY3 ii3I-LLO . A m ' ~~. e s •. ~~// W I"^~ 3 b a ~ o 3 ~ C 'b O ~~ o ° ~ c yb w kY7 i z Hazard ~p~ ~) Z ~^ Y v / A / V 0 z ~ 41I1fl J ~ .___. _._ .._._ ._..... ca 7 a 0.1 '~ b „~ uaieesy uen .~:~.,.,. I' /~ ~ ~ / ~ ~~ k ~ v ,~;~~, ~ r:~M q 4 -.--~. ,-^-~^ ee^-~-s ,~,~., rr.--^. ~ ....... ....... ~. E r =°^~vmk~~`uuw,`+~''~^F"v ',~r'~`$~ ~'S..Ax ~"~~'^~",.~r„;"~~ru~`~T, £'~G 7~ss'C"v ~.v<:~ r ! u { t t t ~i '~ , I ;.. ~: s „ w: k a ms R h.w t. -, $' ~ ~ .. ~' III A. DEVELOPMENT STANDARDS-AREAS _ ~ LOCAL AND :~„~ ~,. `lL~"'~~~Z"D AREAS r ~~. S'TA'TE. IN'T'EREST / 1041 ENVIRO ~~ ~ ;~~~,r~N z#~„ , x a ~i .-.F XA3. >vai rv€+ .mt ~{N49n@~. rMk2yS„,, _$ ~x+>a,, if sG"4: a ,ie~a n „'p `i ~.... II I'A.1. General Standazds (Sec 3,80-030). ~' The standards, m Sec. 3 80 030 a I to all Areas. of Local and State Interest/ 1041 . pP Y ~, .. N~ a m . , ,~:k d ~ ~. ~ .. ; ~ ,..~ ..,. .,. hese standards Envu'onntental Hazard Areas ,.The A hcant s responses tot _ ~, ~ _ ~., „ , PP ~"` which are included below follow the Code standard ,a~ a ,, a. Development in Hazard free Areas (Sec. 3-80-030:Aj: :Restrict development to a hazard-free area if an adequately sized hazard-, , free area exisfs on a siyte , _ 4 . __ p P is p~ located within areas„ .:, ercent, the ro osed boil elo es have been , , , . ' which are either not within a mapped 1041 constraint area or are at thy ti '°° ` perimet~t`"of~a~ttapped cQnstraitt. There are no ar~~s within the site which ~. ~ ~, .r ~. ~ ~, w~ .; E ~,~ = t .- ;, ~ ' adopted 1041 mapping ~ ° are completely hazard-free in terms of the currently ,. and Code language. ,, _ Development in Hazard Areas (Sec 3 80-030 B): b .~* ` . In the event there is not an atTegziately sized hazard-free site area, the .,_.. diversity of permitted uses in a zone dzstrzct and permitted. reszdential land .. T ~ e or g pop... use densities may be limited to minimize o~entzal,dan ers to a ~ .~.a,~P - . ,< -, , wildlife. ' only one single-family residence, a caretaker unit aid customary accessory uses are proposed on the,12.2 acre parcel, as permitted under underlying ' zoning. c. Dev~ pment Prohibtted (Sec. 3 80 03®.C) f -land State Interest/1041 ,- ,w~ ,_ . - ted within an Area o T,ocd h b p _ , .... .~.. , , . : i Develo ment zs o Environmental Hazard Area : _ .. ,.,,, ..w,.. ~ .. ~" i. Site planning.and engineering techniques cannot. completely mitigate - hazards to publzc health, safety and welfare. ~ p p p ~ p and to public health, safety The ro osed develo went will not ose a haz or welfare. -^+ ii. Development subjects other persons or the County to dangers or „. expenses required to mitigate hazardous condtzons, respond to b such conditions or rehab lit~ate im~yrovements and emergencies created ' y . , ~. lands. , .. ,;., ~ _ _. ___ ,:- ..«.. i..~.. ..., ..., .. ~::. .w ..wax-c x'aw.,:w .,....~F:`; I..,.,~,,.,., ~ur~'~.?~°S{~,~a'~SS'„¢t«"~'cs:~'.~.~c~;w'~,'~Sx ~"~."_::N '. a a, .,.~« zxr. f~ r,. ~ < x ,~ . Y ~.,D v i ~ ~ !"~ ~~~ ? F l'!, The proposed development does not"subject other persons. or the County b to dangers or expenses to mitigate hazardous conditions, to respond to ~'" emergencies or to rehabilitate improvements. ';; III A.2. Floodplain Hazard Areas (Sec. 3 80-040): ~% The .proposed development is in compliance with the, standards of Sec 3 80-040 No development is proposed on or over any portion of a floodplain. There are '^" no known streams or water boches on the property. ~,rt .... -~ , . ~,. ~ ~ ~ ~,, ,-,. ~-- ( IIIA.3. Geolo rc Hayard,Areas Sec. 3-80 050 ".,,,._ ""` Areas of eolo g c concern identified on the site mclude slopes m excess of fifteen P ~. ~ ..: ' percent, a mapped alluvial fan at the southern. enmeter of the site and mapped potential avalanche hazard areas (see Slope Map and Map of Other Mapped 1041 Constraints on the fohowing two pages). Nicholas ' ampins, Ph. D., Consulting ,,, Gegl~ogist,.was retamed to assess geologic conditions on}the site and lus report is t ~~~ _ ~, included,Exlubit C. „xrp ~,. -_ .e_ ,. _.. ,. ~ .. ,, Geologic conditions and the consultants' recomm endh'ons can be*summanzed as follows: a. Avalanche Areas No development is propd m a m~`d High Ha~"drd or Ivfoderate Hazard ` Avalanche Zone. The hillside to the northeast of the b~u~ldmg envelopes is u~~ "~~ mapped on the CSU mapping prep"aced in the mid 1970's as any aroma &of t • potential, avalanche hazard yHowever, the consultant has concluded that ~ ~ti ~ n there is no avalanche hazard withmRthe property. b. Landslide Areas ,;. No development is proposed in a mapped landslide area. .. Y P A field ~ all U to ole Sl~ esp., s`been r aced b P ets."" y Schmuese'"~,°~Goi dm sites. A ma ~lustr~atm slo"don Meq'er for the area arod the boil g p ' `" " g pes wflin Y ority of the building the surve ed area is mcluded on the next a e. A " envelopes mclude slopesgreater than 15 pergcent. Those neater thane hillside to the northeast which mclude continuous slopes gr .thirty ;._ P d from the building envelope The consultant lias ercent have been omitte~ ~~ ~ ~~ ~ x~~ ~ ~~ ~ u 8 y ~ ~ n y ., ~, t5 k t„ry. cvlrg.°', aTi~3 _-__ _. ..r... ... .w:....vv=.,.t..YW d..: elwlutYNks,+dru~":Y..w.~k ~K _ ~..., n .fir. ,. ,. _~-. - ,.+.r..rt i.....,;s~-"`AY»b tea, ~+'~b~..,vA ,-. {•e . _ .. i .. ~ v, ". i~ ~ ,;. - , ~. ;_... .. ..: .. .k' ., ,..,n . :1. i,... .. _ i,. .... , not identified any potentially unstable slopes within the bwldmg envelope. Extremely small a;eas of ~0'p slb~'luch''e'~cludedwithin theei" sr , t F,,..s .~,: ~'p~~p u g enve ope `an~'"t~ie'access a , ..... °urelative~~o~the,. ~ ~r .~. ;<~ . .r ~.N. «:. ; suYrounding slopes. These small areas do not calcu~la~te as being over 30 ,percent slope on the basis of ten foot vertical contours , { . In the event that development is proposed in those portions of the, building envelope which include slopes in excess of fifteen percenf,"design will be based. on„a detailed site analysis, including geologic and engineering studies .,., «„ ,_ based on,the followuig considerations: , i. Adequate mechanical support will be provided for cuf slopes. ' ii. Adding water which may decrease slope stability will be avoided. , __ iii.. Adding weight to the top of the slope wilt be;avoided. iv. Disturbed, slopes must be contoured,yso that they can be revegetated. ~,. ;; v. Steepening of existing slopes will be avoided.:, _ ,, __. vi. Cuts, fills, grading and excavation will,be confined tq the km~imum .area needed for construction _ r I~lo devel tis propose on c"`~tuYisslopes greater than thirty pL"rcent. To,avod the possibility of creating instability along the base of the slope to the northeast, the consultant recommends aavoidmg cutting into the slope. He also recommends that either a 20 footse~tba~ck be mamtamed among the base of the hill or thaf the con~cre~te, found all be extended six feet above finished grade in that area, with no openings m the wail. :: d. Roclcfall Areas The consultant has concluded that there %s nor ockfall~hazar~ w~thin the ~ ,f `.;, . y property. e. Alluvial fans: `', The building site is located at the. northern perimeter of an alluvial fan. To avoid any possibility that debris flows mzght impact the structures on the site, the consult~ht,ret•tIn'i'n'i~ntls that duriiCg tRe ~onsf uc`~ion phas;"a six-foot ... .. rW..r' uwbtM ..,.n'h+ 4Atr..M~MaSNA$ - t ~ +.e.. x rtb, ~w,i ~..... high berm should be built on the uphill side of any buildings to diverE any flo°cvs a'r~irtrizl the st~Ctctur~es ii u,. : ,- h. Faults: No development is proposed within an areaaof~dentified faults The mapped concealed faults which Mr.~Lampiris mentions, m lus report as being inactive ,:. ... are off of the property, to the southeast _ . i. Expansive Soil and Rock " '' `' " No development is proposed within an area, identified as coiitauung ,expansive soil and rock...,.,;..... ,. .._ _ . ,.. ~ , j. Ground Subsidence: , No development is proposed within an area identified with potential. ground subsidence. The consultant points out that alluvial deposits, which may have s been deposited rapidly, are typically subject to hydrocompaction or settling ' when subjected to loads,when moisture is piesent This can be easily initi _ _. .. _,,. ' 'gated, according to the consulfaiit, through proper soils engirieerng at the time of construction n.,T III A.4. Histonc and Archaeological Resource Areas (Sec. 3-80-06d): .. . ,~ ,~ ; No developmen"'"~f"is proposel'wifhin ~`iio ~st s"ric arid'Ar~chaeplogical It'esource Areas ,,so ...,._ m, _ „.. TII A.5. Wildfire Areas (Sec. 3-80-070): v ~.~r.~~ ~, The steep slopes within the properly which are covered with mountain shrub . lying to the east of Highway 82 are identified on, the County's wildfire hazard area maps as being subject to Category "X"- Severe Hazard Brush, while the flatter area at the south end of the property where the aspen grove is located ,~,n .~.,.w~..~~r-a~w,~, _ and the areas lying to the west of the highway are identified as being subject to ""' Category "A"-Low Hazard, (see Map of Other Mapped 1041 Constrain#s, following page 8). Asite-specific investigation of the site by the Colorado State ^° Forest Service should confirm that the boundary between these zones is ' -- generally correct as mapped. ..~ 12 ..~. ... ' _._ .. ,.. ..;. ,.. .... asm~.e rn. ..*..:e' ~-iw. ,. .~~ ~L,v,~.'*1 ~~. ,.+~.,!~.dda 3t s~`tinR~?„s ,.:+~.. -.~..., .d ,. ... ... ...... a.. ,..,.. ... ... .g ,. In previous reviews for other parcels along the east side,of,the highway in the .~, I p p ~ .M ...rn made that the wildfire vicixu of the subject roe , a determination has bee , ~ ~, ~~, ~ ~ , _ ~~ hazard typical to the. proposed building sites on those parcels is low to moderate For instance, m November of 1995, Vince Urbina of the Colorado State Fo ~ >, ~ ,,. ~a, rest .. .;; Service determined that the hazard on the building site on the Sleield parcel, approximately 750 feet to the-south of,the Anderson LLC site, was mechum . because of the slope. He also noted that access to t~-he,She~ld site is excellent f .., because of the proximity to Highway 82. In 1996,'a 1041"review was conducted and a building site was approved on the- Cockrell parcel, approximately one mile to the south of the subject parceY'whch included a determination that the w~tdfue hazard on that parcel was low to Colorado. State ~orest Seance moderate. In 1993, Kelly Rogers of the ~ ~~ sw ~... • the ] e parcel, adjacent to the determined that the wildfire hazard o ._..~ ~...-,~...~.~,.,y*w~..,.~a , Cockrell parcel, though mapped as severe hazard was actually low hazard. In 1997, Mr. Urbina determined that the ~d ,fire hazard on tthe Chesley Y9 property, approximately 1,500 feet to the south of the subject parcel, is r moderate. The Ciy1~Ty Parcel, adjacent to the Chesley Parcel was determined as being a low to moderate. hazard with the exception of some clusters of gambl ~. oak adjacent to the building site. ' f a. Severe Hazard Wildfire Areas., , ,,- .. No development is proposed within areas wlgc ~""' Severe Hazard: Trees" or "X Severe Hazard: Br .. .. __ r.,~; ~ ~ ....~~~~~~~ °° ° County's adopted wildfire hazard area maps. '! ~, envelopes. are in relatively flat (10 to 25 percent little continuity of potential fire fuels. l as ' ~ ,,... e west-facing areas with b. low and Medium Hazard Wildfire Areas „ vw..a wa .,w...,wwryy..Mzu.. 55.. i+iuee cr+aa N . . , ;ty, . , , L e..a ;. The proposed. development is located within an area designated as "A- Low Wildfire Hazard" an Pitkm County's adopted wildfire hazard area, ,_ • v maps, a designation which applies to a lap~e majority of pr ate land, witfun the County (there are very few areas ma ed as No Hazard"). Once asite- specific investigation of the property by the Colorado State, Forest Service „ .. xy representative. is concluded, the applicant,lielieves that a confirmation wzll be 13 :,, _.. ~....u. ~ .. ~. _..,. __ _.....,_. ..u.,.~ . ~ _..~ . _. ~. ~, .. :: ~ , de that the proposed building site is appropnately designated as an area a ma d subject to low wildfire hazar .. ul a.:. N...M.=_.n .k-o-,2, Y,.., . n.r rv u ~r~ '. rv .. ' ~.}~F ~•. - ~.. u.a. Under the provisions of Sec. 3 SO 070 B 1, when areas that are mapped and ~' are subsequently identified by the Colorado State Forest Service and/or the I'itkin County Sheriff's Department as areas containing "A -Low Hazard" or "B -Medium T3azard" w~ldfixe hazard, then a development application shall be reviewed accordmg to the standards o~Sec ~3y`$0 ~0~70 C The applicant A m ,^ „ J offers the, following responses to the Nhh afion Standards of Sec 3 80=070 ~ i. Location (Sec. 3-80-070.C.1), The building envelope is not locatedm a narrow dr w, canyon or on continuous slopes greater than 30 percent. ` ii. Defensible space (Sec 3-80=p70.C.2): The area around structures witlmcoiporate landscaping with the ., ~:._;_° ;~o~ „r;l"'fa s„a~P co~hsiderations unless deemed not to be necessary because narura~ ycg«a~=~=~ r - - ,...~,k - :,.. these conchtions. . _.,n , • Brush, debns, and non ornamental vegetation will be removed within a mmunumy 10 foot peruneter around structures. ;_ • Vegetation will be reduced to breakup the vertical and horizontal continuity of the fuels a`minimum of'a 30 foot perimeter around u,. : ' structures built on flat ground. ,.,u P ~..~ti ,._ _. , ~~ ~^ • SUdC1nQ between clumps of the • All bra: be prw will be Tree vege#ation within the 30 foot mes the height of the fuel. 1e crowns of i the 30 foot perimeter,will ~... ,~. . ground and ladder fuels perimeter will have a, the crowns. (This do`e's ;; since the _ regarding the removal of as of aspen regeneration, the spacing giu e e . i...n .r3sw ~". h.ukl~lz~.. ~ . ~f w _ .. _ 3.L. a.ud • All branches which extend over. the roofl) eaves will be trimmed and , all branches within S5 feet of the chimneys will"be removed ` _ l4 _. ... . .. :. ;. _ ~ ~ .. k :: .. r.. ~... .. , 1 "• . r- y ~ I -. .. .._ • The density of fuels within a 100 foot perimeter of the structures . will be reduced. where natural reduction has not already occurred. will be removed. All deadfall withm the 100 foot perimeter ,,.a~._.,p~ • The owner of the property will be responsible for the continued. maintenance of the defensible_space vegetation requireanents. ui. Structural Design and Construction.Requirements (Sec. 3-80-070.0.3): w.... , „~...., . w.-.... • Roo s w~have a'Class A, non combustible roof system: Wood shingle/shake roofs and a roof pitch of less than 4:12 will be prohibited, if deemed necessary given site, conditions. • Vents will be screened with corrosive resistant wire mesh with _.. . mesh 1 / 4 inch maximum: iv. Structural Design and C®nstruction, Options (Sec. 3-80-070.0.4): ue,.~.,~o fho ~~+„al ,.ritAfiro ha~arr9 in the area of the buildlrie enV2lOhe5 is .......,., .,....,..,..,_...r._.,_... -- ---- - - - ~. _. v. Maintenance (Sec. 3=80-00.0.5): • Roofs. and gutters will be kept clear of debris. • Yards will be kept clear of all litter, slash, and flammable debris. ,, • All flammable materials will be stored on a parallel contour a_ ' ~.,.. ~a .1. ~.~,,.<. minimum of 15 feet away from any structure. nmeter will be maintame to a heghtnot more than 6huichesoot pe ' ~ , d _. ; ,. vi. Miscellaneous (Sec 3 80-070.0.6): • Firewood and wood piles will be stacked on a parallel contour a minimum of 15 feet away from the strucuure:' • Swimming pools, if any, will be accessible to Fire Department vehicles. ' Fences will be kept clear of brush and, debris. • Wood fences will not connect to the structure of the prmcipat residence. • Any habitable outbuildings will adhere to the same standards, as __ ,. the principal structure.. r~ 15 ... . ~.,~ _ ~, .... i~ ~t aa~ ... ...a ..T ~ , , ~ F . ~-. ~F.,~ ..._.. .. - ~ - Y. " .. • Any fuel tanks will be uisfalled underground in a?t approved , ~ .., . . _ . . container.. Propane tanks, if any, will be installed according to NFPA 48 standards and on a contour away from the structure with standard '" w .~~ . tion around any above-ground ti n iti t g ~, ga m a o e defensible space ve tank. Any wood enclosure around the tank will be constructed > with materials approved for 2 dour fire-resistive coiisfructron on ,, the exterior side of the walls. ;will have a minmum of one 1Qpound ABC fire structure • Each " " extinguisher. ' be clearly marked with 2 uich non-combustible The address will ~.~„~ , letters and will be visible and mstaIled on a non combustible post: ~ '"~{3l{~~*R'e k94ikti6K..ti5 ~.°}hw1+'~A._ .- , ( ` ~~ ~~ Ac County driveway ~` " 'l'lie access road to the lot will be built to s is noecessary given the standards A looped access%egi s "~"~~' ~`'W'~"~ "" proxuruty of the building site to State Highway 82. ~, ( g p nces) are not proposed. Dead-end streets servin multi le reside, ,.. • A suitable turn-around (with a minimum of a 30 foot drivable turnaround area)'will turning radius or other suitable id i f ,,, " ns e ace. sur be provided at the drivewa terminus at"the residence, " y The driveway sewing the lot will enter State Highway 82 at a ~ "ninety degree angle for the first`25 feet of he driveway. e the roadway for 100 feet `"'~ s n • otnecessary because i unle of the oada d h a a~ y e on eac s natural vegetation patterns ha e_ y fulfilled these conditions ""'' viii. Water Supply (Sec 3 80 070 C 8}: The applicant commits that the owner will be required to provide a ' water storage capacity for the residence, which minimum of 1000 gallon ~ m the exterior of the • p will be accessible to fire de artment vehic es o ' " `: fire (siidi as a structure through a Fire Department approved mechanism ' " ' hydrant). The applicant proposes to u'se private ponds to satisfy this ^^ commitment if any ponds are constructed in the" future. ix. Utilities (Sec. 3-80 070 ,C.9): ,.. ~• Any new utility line's will be buried. .-+ III A.6. Wildlife Habitat Areas (Sec. 3-80-080): _ _ , .,.. ,w , ~~~.., ~ ; Beginning approximately 300 vertical feet,aboye the proposed principal building ` ,,,, slope is envelope, at an elevation of 8,400 feet, the upper southwest=facmg ,, ~~ ~ . . 16 ~. „ .., -_ , ..--,. .. ..t.,. ~ rva ~.. ~ ,,. _- °i.r?+~9K§,w..~.'+9#`s~izh;4.c.,.~."., {.~`~e~~. ¢pd,~wh'x~p'` u.'fT.~.` ~^~.dt*i3.Fi Y~~,~m h~Akh .,: ~_.y , ~.. ,~:w .,~.: a ~,.r:x ... =; .: ., mapped as elk winter;rxrige, severe writer range and critical habitat., MOnly the. ~~ extreme northeastern, corner of~the sei~~ hm~e ~-aPped azea The site is ~"" located within one, half m le (approx aatdel~y 1~,~ he Chesle h1041ua~location of an elk nugration pattern as deten7une „ g' y Hazard Review. Section 3-80-080 establishes land use standazdsRfor~wildhfe habitat ar ~~s uir r ,,,~, addition to the general standards ~n Section 3 $Q-6~0 The standar~~apply to ~. , areas mapped by the Colorado Division of Wi1dl~fe onthetCounty s adopted Wildlife Resource Informafion $yslem (1041 Wildlife„maps) and to areas known to " " ' ` be wildlife,habitat areas by the Division of Wlldhfe y ~ a. General Standards (Sec 3-80-080 A) ' The site is looted within one half mile of a migration comdor mapped by the ...,. ..,.w, .,v +.i =ndv :.~k>-Ns^"R'ma +s ~, k ~,v. 1 ~ Division-of Wild]}fe The actual comdor has been determmed toe located Y '~' approximately 1,000 feet to the south of the proposed building site, with a number of residential sites located between the comdor and t~h~ a subject parcel. The applicant will nonetheless comply wit~i tfie general standards for development within mapped wildlife habitat areas to the maximum extent : e a-, possible, as discussed below; i. No commercial, industnal or_high impact reci`eational development, .~.. ,..,, open pit mineral~extraction, or"'construction of„roads is proposed within mapped habitat areas,, _ . ,,,, ii. Residential development proposed as consistent with the requirements of the zone; this wi'h result ua minimal impacts on any~wilcfli~e~m the area. ~M-- r- -, ~, iii. The removal of_v~egetation outside of the building and development .,,,.,TM envelopes wll~e muumizedwto that necessary to provide access to the: _ stnictures.__ Disturbed areaswll be prom"p"tly ravegetated with vegetation __ .w._, ,..~ . _ :~ ~,u ..-, ~... ,, ... ~ ,. native to the_site ,. ~ ~. ,.. ~+ ' g g ,~ .. similar uses outs de of the binlduig enovelopes roads, utility lines and , wi`ilbe minimi?ed A '^ compensation plan to repl"a"'ce remove"d vegetation is not anticipated `~ v. Food, cover and water sources beneficial to wildlife outside of the ^^^ building envelopes and the associated aceessrvw~ill`be preserved to'the maximum extent possible.... ,. vi. Wildlife food species and woody cover along any fences will be preserved as one way of unproving wildlife habitat..,. 17 ,~,, ,. s a,~w n.e .. az kva_.ai~.a 33~ri ~raaaxA~~sckuxw~ ~x1"~~xLwa~a%a2 " ° n ae~'~ xx•vx~v~n "' _. , ~. ~ . ,. ,. ~` _.. .: .~ ,. _ , vii. There are no known waterh~oles, springs; seepage areas;'ir1`~rshes, ' ' ponds or other wa~enng areas~ori tie property. Any such areas cliscovered in the ~utu`re will be preserved. viii. No endangered species habitat has been identified on the property. ' ix: No golden eagle nes# sites and bald eagle roost bites have been identified. x. Mesh or woven wire, ffences;~ bye prohibited,,. xi. Any fences will be limited a§ provided under,the land,-use code, _ ~ .. ,; xii. No, edges where two habitat types meet have been identified. and the building sites are not mapped as winter range. x;;;. It is not presently anticipated that overly mature, trees and s#anding dead`trees will be retained m this suburbanized,areabecauw of t`~ie b. Deer, Elk and,Bighorn Sheep Winter Concentration Area/Severe Winter Range/Critical Habitat (Sec. 3-$Q-080B): No development is proposed witkiri deer, elk and bighorn sheep winter concentration areas, severe winter range or critical Habitat. The public land east ofahe property is mapped as elk winter range, se~ere'winter range and critical habitat, but the area is well; removed both honzontaIly and vertically _. from the buulding sites: c. Deer, Elk and Bighorn Sheep Winter Range (Sec. 3-80-QSU,C): No development is proposed within mapped elk or bighorn sheep winter range. d. Deer and Elk Migration Patterns/Corridors and Highway Crossings (Sec. 3-80-080.D): Richard Thompson of Western,Ecosystems was retained to.nvestigate wildlife issues, on the Chesley site, to the south. Mr. 'ihompson concluded in his. report that the actual, ells and„deer migration corridor is located across the,,, ,,.. northern portion of the Chesley parcel, some 1,000 feet to the south.. of the building envelopes on the subject parcel. Tn addition, the subject parcel is separated from. the established migration corridor by several other residential building sites. ;~„ _ i ', 18 rA .P1. '.5 .: I -t.. d ... _.. -- !!YI .., ,....:.... ~. ... i. R ~.- i:. I. -.. t..,. ~- X11 n:lS , ~. "a i : ~ _ .. {{ l cks a corridor 1 p ~• p t which b o„ ..._. ,:. j Under the rovisions of See. 3 80 080.D, develo men and which consequently prevents migration between; ummer,and$wmter ranges is prohibited , However, the building envelopes are located well to the -north of the actual comdor. e. N< f. Riparian, Shoreland and `Wetland Areas (Sec 3 80 080 G) No development is proposed within natural riparian, shoreland or wetland ,_.. areas. - r III B 1. GENERAL (SEC. 4-50-010): All Development in Areas of Local and State, Inter est/ 1041 Envu~onmental n Hazard Review is subject to the one-step review procedures described in Sec. 4-50 of the Code. A development application must comply with the ~. m: µ .4km ~~ Standards in Sec 3; 80 of the_ Code, addressed in Sec T1I A, beginning on page 7. ~» III B 2 PROCEDURE (SEC..4 50 020) I'Sevelopment in Areas of Local and State Inger„~est/1041~Envu'onmental Haza~d fv Review is subject to the One-Step review procedures of Sec 4-50. One Step reviews are to be conducted puxsuant o the land use review_procedure descnbed,in Sec 4 50 020 The Applicant has provided the relevant information, s follows required under this section, a ~ ~ ~ ~ ~~ ~ " ' ~ '~~~ ~~ a. Pre-Application Conference (Sec 4 50 020 A): The applicant's representative has conferred iN~ith the Planning Office staff in a , pre-application conference The pre application su°i'4ima'ry sheet is included as . _ k. ~ :._.. . , _~_.. Exhibit A2 of the. application: ''' w:' b. Submission of Application and Fees (Sec. 4-50-020.8): This development application is accompanied by a'fee of $1,270.00, as requested by the Planning Office.. 19 ... ;, ;. : ~- <~-s~, __ _..... .~,~x~~h.~.~.w-,,,:.~,.nwt;:x,...,as,.....~,.~b_i.~`r->.G~,~k~~.~ e;fa?~~y~~`,<..".w,~,..~,~'Y~, ._ ._ , ,~... . ~.. ~, _ ._ ~ ~ v. u ~q, ~ ,,. _ e ~.. ~~; ,.~ Y ~,a ,.. .~ fem. -, :. A ~, Section 5-7®=010 establishes the required submission contents for Major reviews of Development in Areas of Local and StateyInterestl10~1 Environmental Hazard Review. The submussion contents for aIl major reviews include the fol~lowmgi ~, ~ .~~ ~ ~ a ~,~ The mm mum sum ss on on en~ for ail bevel' ~ (SEC. 5 70-020): • opment apphcahons are as follows: a. General (Sec._5 70-020_A): The development application includes the uafonnat~on and materials specified in Section 5-70-020 of the Code as modified. duriiig~~he~pre=application .. .. ~.. v v M..,.v .:v. conference. b. Applicant's.Backgroixnd Information (Sec. 5-70-020 B): A letter signed by the applicant contaimng the applicant's name, address and telephone number and the name, address and telephone number, of the ` applicant s representative is included as Exhibit Al. M ~. c Parcel Description (Sec 5 70 020 C) The parcel is located between street addresses of 4?,791 and 43151 on State Highway 82. The legal description of t`he parcel on'which the deyeloprnent is proposed to occur is a metes and bounds description included on the draft 1041 Hazard Review Site Plan .t~ vicuutymap locating the subject property .: ,., -,w.~.. within Pitkin Courify'is inc~ludeduf oYlowing page 1 of the application. dA. D e clo~ure an aped ~ ~St~wartT t1e Inc r ga0-b2Q b): " ` " ' ~ ding the parcel on which the t, developme i s propased vs mcluded as Exhibit A3 b e. Legal Access (Sec. 5=70 020 E): The applicant. has adequate legal access to the parcel for the development proposed from the State Highway 82 right-of-way; contiguous to the site. f. Standards Report (Sec. 5-70-020 F): A written report demonstrating that the proposed. deyeloprnent complies with the applicable review standards of Sec 3 80 is included. Section III A, beginning on page 7. g. Pre-Application Conference Summary Sheet (Sec. 5-70-020 G): A copy of the pre-application conference. summary sheet is included as Exhibit A2. 20 -•- , r d u --- - - ,_. ~ ~„z I ~., ~_~~ ~,,r _,~~' ', h. Site Utilization Maps (Sec 5 70-020 I~: ` " Nine sets of 24" x 36" site utlhzation;maps are being provided with this xi ~.. ,~ application Reductions,at 8 ~/2° x 11" of the site utilization maps are included in the. application. d. Copies of Application (Sec. 5-70-020 I): ~` Nine application. copies are being provided, as requested by the Planning Office. , III C.2. Standards Re ort Sec 5 70 03 ~ ~ 5 1 ~.. Are ort demonstratm that the a he 0) p g PP standards of Sec 3 80 s m luded m Sec lion complies with the applicable review . _m. ~ lion III A, begmnu-g on page 7. . ,_ _ ,_ ..~; ..,_.,_., , .u - .,,, III C.3. Site Plan (Sec 5 70 040): A 1041 Hazard Review Site Plan depicting the information required under ,.~ ~.,,~ Sec. 5-70-040 is 6emg subirutke~ with this application. The Site Plan will be ., ' recorded in the office of the Pitkin County Clerk and Recorder prior to the .. Y'~ 4.r <Ytw`SSbFaP.^+*~'^LMiYN ~ issuance of any bu~cTing pertruts. _, ~ ~. i »+e i i ,wN ~ '~ ~ 1+n . A . ~. b 21 ,~-. --. .,.. .._ x„::~, .. ,~,¢:asw,x>MaWS.-rriv~e•..m.?r,.w~.ierc.,. no-rxc?v.ksB~a$F~tl;*54t~{4*..~+as".;':?S,~ok.~.~k_e s^r;."as&~3'"""rvk,t'~~~e: `5s° ~` em ~», ... .. _ . ,. X~ . ~ .,~..~ , . ~ M ~ ~~~~ - , r :: 7 'r' ~ ~' - . ..y .. .- ,, . - i., . . ~.r -- i ~ ,-' IV. _ ., (SE( The applicant is requesting approval of the nght to construct a caretaker dwe]lmg unit. the principal If the unit is constructed, it will be located either attached to, or within, , ,~~, ,n.~ ,~~,,. ., ~ ~, ~„:~- , residence, within an approved outbii~dmg or ~etacllez~' wxthm either the prmcipa~ or accessory building envelope. At the resent time, attached or detached caretaker amts of u to 700 net hvable s care feet ma be a roved b the C p • q _ P y pp the rovisions of, Sec 3 D150 130 B ent Director on any size lot u1 the AFR„ 10 zone uhder ~, ~p , . , , . The applicant presently anticipates that the unit will be used #o~ house a family employee. There is no bus service m the azea at the present tune and it is unlikely that" bus service will ever be rovided in .the area in the future, given t11e suburban-density ........s.., p _., development pattern in the_area If the applicant employs someone to assist with the residence on a full-tune basis and is unable to provide the proposed housing, four ,~ _...w~,. ~~,xp„~~,~~~H<..+.<,, ...,y ~.,... - eHighway ril`~addec~ to traffic on Stat .additional one-way trips daily will be unnecessa 82 and the surrounding road system:" a The Community Development Director may approve a Caretaker Dwelling Unit as described„above in accordance with Secs 3 150 030 and 350 ~~1~~3Q fthe Special Review standards of Sec. 3,-210, the procedures of Sec 4_40 and the su'emission requirements of Sec. 5-50. These Code provisions ase discussed below 4 IV Fi. _ (SEC,. p otn rne_r~spen Metro Area, The GMQ5 exem bons. set out m Sec 3 150 030 applg m ts: and Non-Metro Area and include Caretaker Dw~ ~hn Um i 1. Caretaker Dwelling Units shall be exempt from growth management scoring and competition. (Refer to Section 4-'~(l; Section 5-50 for submission contents and Section 3-150-130 for standards). (Sec. 3-150-030.F) IV B. LAND USE STANDARDS C.AKh1Anr~ic vrvcy-L""Y "a~`•-~.r , , (SEC. 3-150-130): ,. . , . ,,; ~.-- ~,,. - Under the provisions of Sec. 3-150 130.B, the Community Development Director, pursuant fo the procedures of Sec. 4-40, may permit Caretaker Dwelling Units of up to 700 net livable square feet on any size lot in the AFR-10 zone Such units maybe. _._..,,,, .r;~.~~...,~::.ru.naw.a~~xE. ~_..a~~ai.~_,.,~~~ k., w •• • a".. ~ 't. ~. sv «a 5 M ~).~: ~ .. 'r. J » . ~ Ni" S .^h f 1 i ~ r L Y ~ _ .. ~ ' ~' p P Y PP located attached to or withm the principal residence, within a ro erl a rove .. • uch units maybe ll sw .., outbuildm or detached from th sl s a .." , limit tions and approved ~ der the followmg condition The floor area of the caretaker unit shall beznclude~ to the total allowed 1. ~ floor area for the lot or parcel. It is `fT~e'"p~t"s understanding that. under,the temporary moratorium, hey{ { a~owe; „square 'foo 4'~ the principal residence and the proposed tots . • q, pp ' guests the right to utilize e „~ Ehe mora#orium without, any subseq ent de cha ges whi h are made durixi g , n being required to repeat this review process. ,. , There shall be provided one (1) off-street parking space for each bedroom 2 _, . within the principal dwelling and one (1) off-street parking space for each bedroorit in the caretaker unit. r^* p g space per bedroom for the free market residence as well Y„ One off-street arkm ~ .,_~._~_,~~.„.a,<, a~~.. t'` « M . xr»tMW Y•m{Y.M3,Lb.FFNa~. cr l{ ..':-}~ Y. . ..i. . . as one space for the caretaker unit will be maugtazned on the parcel at all tunes a., "" 3. The applicant shall by deed restrictzon or other permanent commitment that the caretaker uz:zt shall not be required t ` ee running with the land, guaran ,~ ~ tiM~.~. ~- to be rented; not be sold or otherzise conveyed or' separated from the originat "^ parcel regardless of the ultimate forin'ofowzzership of the caretaker unit; be occupancy by not more than two (2) adults, and related children;, limited to „ who qualify as (and have been found by the~l'aisingAuthority to be) employees of the community under such guidelines as may be from time to time established by said Authority; be rented for terms not;less.than szx (6) months if ,, z'ented. The caretaker dwelling may be occupied by members of the zmmediate;, _. ~" family even though they may not qualify as employees of the community. "Immediate Family" shall mean a perszitt related by blood or marriage who is a first cousin (or closer relative) and his or her chzldren. „ __ A draft deed restriction is being submitted with this application which is in compliance with the above criteria see Exhibif D). The Caretaker Dwelling Unit restriction may be removed by the property "4 . owner upon approval of tli'e Communzty Development Director, subject to the requirement that the dwelling is removed or modified. If modified; the. ~`" ^,- remaining zmprovements must no longer be capable of occupancy as a Dwelling applicable Co, de requirements. Unit and must meet otherwise v „ ; The above criteria have been mcorporated into the deed restriction for the unit. ,,,,,, _.....,m .~ . ::.,~, ... ..... E _. r, ,: ,:: om, ,_ ,.:_ 23° ,, .... <. .. ._..n ~. l i`~.au t1 ( r.p...,. nuk ~I~.. ._ d~ _a~`"v~v~ e. y e i I~IY q F b ~_: a s~~ .., ifn ..~~ ~ ~ .. rr i .. ~. i 1 d ~~ ~ ~ a R p s 1. Applicability (Sec. 3 ziu uiuJ In addition fo the review standards of Sec 3 150 130, applications for Caretaker .. ~~ Units are reviewed for compliance witi~,the review standards of Sec 3 210, as discussed below. a. Under theprovisions of Sec 3 210 010 A, the Special Review use.shall t consider: i. The applicable County Master Plan. ' Consistency with the County's Master Plan is addressed in Section.,. IV C.1.a.ii, below. , ,' ii. County Land Llse Policies in Artzele 2. .... _ . „ ...__ Article 2 of the Code contains I'itkui Comity's land use policies. These policies serve as basic, guidelines for the formulation of the County Land Use Regulations and the review of development'applications. The Code, states that the policies are guidelines, and where',there is a conflict' ~ ' p •~, P and shall supersede between a oh and an ado ted standard, the stand the policy: The applicant s responses to the County's'land use policies are as follows: _.. ,, , !".,,sa,.nifv Raldnce (Sec. 2-10): ~ ` Ptkin County is to ~. ~+a 0. from further degradaizon resources.. Development as limits urill be'rizanaged to and its n these ' ' ~enha , ,.,,,,.,,.~....n .. __,_ ~.M n ... ., i. ~,'ww~,~'~i~r-~ mn. mz„}: ~7 ,. ~ ,. ,,:.~ . i .,..,...,., t o -~- ~ .. t.•,., The property is in a neighborhood which has previously been • p ots typically similar to,or subdivided for residential develo ment on 1 smaller in size to,that of the, sub'ect roe .The proposal is in J P p rtY conformance with that permitted within the underlying zone district. ', The proposed building envelope on_ the lot is being reviewed under 1041 Hazard Review procedures. The County policy regarding Community Balance is accommodatedµto the maximum extent } , possible under this development proposal to establish a building envelope for the, ownership. .. ~ ~ .... '. ... i. ..... '~- j I ~ .. r - .:.. ~. '. .. 1 _.. rv 1 ~'i .r~ .. v .~ .~lw -_ ~. a ..n ... v ....to .. ..~.. .w. .. x.. i 'r ,. t ~ k >; K ~ _m. , a j ,. Comprehensive Planning (Sec. 2-20): * " It is the policy of the County to adopt comprehensive plans for the. ty gn y p e these plans. Coun and re larl u dat ,. ,. ,. ,~ This policyis the County's responsibility. Conformance With The Adopted Comprehensive Plan ~ .; , .. ' ~ _ .(Sec. 2-30): '7t is the policy of the County to insure that the use and development ~, of land within Pitkn County and any actions com»iittzng such land -. to development or a c~Zange in use are consistent withy P:tkm '°"' County's adopted Comprehensive Plans. ,. r The site is not within the study area of any of the contemporary " ' -..% ~ ~ comprehensive planning efforts undertaken by Pitkin County: The site is adjacent to but outside of the Aspen Metro area boundary, ,•., ,~ which is located along the east side of,the Mountaui Valley Subdivision ,., rY he ded within the stud area bounda fort y o + ~.,.~ _ mumty Plan Aspen Area Com *~+ g as the Roaring Fork East The last Master Plannin effort for the area w _ - Neighborkao~3"Plan, adopted in 1985. LTnder,the Roaring Pork East Plan, .- the site is within an area designated with a Resource Conservation Land- Use Designation, the designation applied to most, of the private land in .. the study area. The goal for that designation is "to_preserve the vast majority of existing open space and imgated land in the area whzle ,, _ permitting isolated non-intensive, very low density residential ~. development." The proposal for asingle-family home. and, customary accessory uses in proximity to the existing building sites as proposed is r'° consistent with that ;goal. Growth Rate Fhasing Of Public Sezvices,And Facilzftes (Sec. 2-40): ~ ,..x~ ' It is the policy of tie County to maintam and improve the quality of life of its residents. To this end, the County'will manage the locat;on and timing of developrrient in the re'sidentgl, commercial and tourist accomzrzodation sectors. The provision of public services azzd facilities. shall be conszstent wtth adopted comprehensive plans. The LLra , ublfc services and facilities fton o~' lo t th hib ,,, p ca e z County shall pro g p _dopted that would encoura a develo merit mconszstent with a„ comprehensive plans. To insure that growth is conszstent with ' _ adopted County'plans, the Countyzvill maintain a Growth , "" Management Quota System (GMQS). ~.,, ° ,~ 25 ,.. . ... .~. rv-.y ..«... ,. N~.r ~..~~„rw +lnM..an~nv~a.^~.~s.u;xaay yyri, tg l-d`^s6r3.E'*vh'i~~, *f: ~r ~fiYC4' ~,att ~:. q..~,i.:,., ., .~~ ,. ,. ~ ~. _ - . .. .. ~ Any provision of public sergces and facilihe~s which will result from#~~ ..,,, this application willnot encourage development inconsistent with r~ ~ '•'" _ ,~ _, ,m adopted comprehensive plans The proposed development is exempf ..._ . 'res and is consistent tintlt adopted County plans -from GMQS procedu , for the area. ec 2-50): • Development orExpansion of Ski Areas (S ,~+ • p cy f tJ f pper mountain expansion It a the oli o the Coun to avor the u • of existing skiing areas or new skiing areas without significant base ` - • "' *~ urea development over the development of new skiing areas. or terrain • ,, , all with significant base area dev~elopznent. The, County shall review , ` proposals for any proposed new ski areas or expansions of existing ~ policies and ski areas. for conformance with County goals, ~ regulations. $ ' This policy is not applicable, to the proposal. ~`" CompatibilityWith Existing Adjacent Neighborhoods (Sec. 2-60): It is the policy of tke County to insure land use proposals are compatible with existing uighborhoods. To this end, the County will "^ provide notification of pending applications to the affecfed u__ adjoining property owners, homeowners associations and ti neighborhood caucus groups. ""' The proposal is compatible with the. suburban residential density of the ..,rte _ _, neighborhood. • Conformance With Other Laws (Sec. 2-70): It is the policy of the County to consider whether, approval, of uses or development of lands withrn Pztkin County is consistent with applicable laws of the United State of America and the State of Colorado. ~,,,, p ~ ...• ~ M a. pp cable Iaws of the United The ro osal is consistent,with known a l State of Colorado States of America and the o Y +*~ and Resource Areas (Sea 2-80): Natural and Man-Made Hazard .. ,. ' , . ~ whch are „ „_ It is the policy of the County to iiY'anag°e'tle use of Iarids identified as contdiningAreas and Activities of Local and State , " ~+« `use`whioh Interest (House t~itl X042). The County will prevent any may subject any person, use, or resource to natural_or man-made hazards. ~'* ' The applicant's proposal to establish a budding envelope is subject to ` ~ review and approval under 1041 Hazard ,Review procedures, as .M discussed in this Section III of this„application, beginning on page 6. * .. ~ ,_. .. ~., . :.~ ~ , ~ ;, ,26 ,: . ... _ ,,, ~'+ ~ u n.vi^M~ b~ 4j . ~ f ~ I ~, 'rtdJ +nr~ •t ~.. . ~.. .. .%, .,.; ., .. _ .,. i x. r,.. ~ tvn . .... ". .. n. A n. t.., r a ~~vf ~. l a .~ ~. ~ t m ~ -. ~ ~. j. . ._ ~ i... 4 .. 1 - [.. We ~ r . I r 1 :'_ ~ " .. b • Soil, Superficial Geologic Characterstzcs azid Itizdation ~ " ^+ (Sea 2-90): It is the policy of the County'to discourage land uses and 1 development activities zn areas subject to radiation and geologic ~* hazards. . .. During the 1041 Hazard review of the proposed building envelope, ... any areas subject to radiation or areas of geologic hazard wih 6e a nd conditions a ro riate to addressahese issues will be PP P d establishe •.~ ' Drainage' (sec. 2-100): ~: It fs the policy of the County to preserve the integrity of existing and **~ natural drainage patterns. Land use and development activities which subject areas to increased potential for damage by flood, `° erosion or sedimentation, or increase the potential for water pollution shall be prohibited. Drainage standards will be es4ab~slied for' the lot during in the 1041 ~ ' "'` ' ~ ~ ,~, review process. Drainage is not a significant issue in the case of this F low-density proposal. .« Erosion (Sec. 2-110): ~!. It is the policy of the County to prevent the erosion of soil and rock '` by maintainzng natural vegetative cover and `by requiring tke xevegetation of dregs disturbed by land use or development activities. Any disturbed areas within the building envelope wilTbe`revegetated' ` ~ •, ~;;, within one owin season. Areas outside of th ~ ~ bn' g e building envelope "' will be revegetated with material native to the site. Scenic uali • Q ty (Sec. 2-120): It is the policy of the County to preserve its natura% rural scenery for the benefit of its residents and the continued viability of its resort ~* economy.. To preserve scenic quality, the County will prohibitor ~atzon of the visual impacts of land uses and v d elopmen Scenic issues associated with the residence will be addressed in a u: subsequent scenic review application, if required at that time. ~„ i f I n_ r..._. • Air Quality (Sec. 2-130): {t It is the policy of the County to permit only that development which ~„ will not degrade air quality. The proposed development limits to the maximum extent possible the degradation of air quality in the area. .... .. „~ .~ 27 ,. ,..., .- ~: , .. .~.. ~,. a ~. ~ ~~ o-.. ~ .:,~ - E. ~ , WaterResourcesTmpacts (Sec 2-340) ~ . . w dt is the policy of't~ie County to preserve and protect its present ~ 1*':, water resozrrces, recognizing the County`s semi-arid character and that significant transmountan and transbasin diversions and the vested rights of senior appropriators in the basin tzave materially ' curtazled the availability of an already scarce water resource. To this end it is the po1~ ~ f the C unty no l s e h ~ ~ ~ ~ oar would adversel a ect the uant: uali a s ess b:lity of the .~ County s water resources; orYvhzch would occur at the expense of ~ ~ ~ ,- estabdished water-dependent kgriculfural kctivties; or which would It in aztcreased sa linization of ater r u~ces, loss of minimum ~, d ~ stream flows, further destruction o wzldli`e'~Za(iitat, or major * ~ g enditures to reac ware or redis tribute majorwater resources. It is also the policy of the County to maintain a natural vegetative buffer r~ along its surface waters. such that the surface and groundzvaters of :-- the area are not encroached upon by land uses or other human ` w= - activities which could cause deterioration of water quality or impair ~ the natural treatment processes provz`iied by meadows and wetlands. `' ,, _ A well permit will be requested from the State for the lot. The owner , _ of the lot will install a new well. x u_ . .,_ .~,. ,- ' '` Noise (Sec.2-Z50)r "' rcy of the County to permit only at evelopment iclz ~~ f d ~ wzll not enerate Horse which, would adversel im act communz e _, , noise lev s ; Noise issues associated with the_ ro osal will be negligible once ,, p p construction is completed. ~ Wildlife Management (Sec. 2-160): ~, -It is the policy of the. County to identify and protect all wildlife habitat for the preservation of wildlife and prohibit land use ~'" patterns which disrupt such habitat. '- The site is approximately 1,000 feet to the north of a mapped'elk ., . ~: Sz' p mi anon attern. There are a number of parcels located betw en th `~ e e .Anderson LLC property and the actual corridor which will function as a buffer between the parcel and. the corridor, however. Wildlife .:: .- mitigation measures prbpos'ed for the lot in conformance with Code ~:: ,~; standards are s elled ou tin Section III of the application. ~ e • e the avazlabil' u duo irzsu a ~ to t~ t y P P ~J for supply of d al: 9 9 ty q anti ressureandd~endabzla fire protection and support of a proposed dand use prior to approval ~i- r x .wr~„tt F rx.bxsdw,ne.c~. k^+d w }~ ~~ ii ~ r i : oubl:'c ssstems iCserrrice is available.lknd uses to hook-u to exsting 1 P y f ~ 9u P A water su 1 of ads uate '. ' pp y q quality, quantity, pressure and " 'dependability for fire protection and support o'f the proposed land use ~"! - can be developed. There is no existing public system in the general area. Fire protection measures associated with-the proposal are „~. addressed in Schmueser, Gordon Met'er's Engineering Report (Exhibit B). "" Sewage.Treatment (Sea 2-180): It is the policy of the County`to insure that adequate sewage treatment facilities are availgble to seine existing and new ~ ~ O~b ~ Qon =oval o as ea land IS tax basetand other legal criteria ally P PPr f ny '~' The principal residence and caretaker unit will be served: by aseptic ' u system of adequate'capacity fo serve the two units. No public sewage • treatment system is available in the area. Iener~te~t~~w lames in xce~ Ithe ~avae~pmo the Coun road; g fh f P ~/ f ~/ system or whzch causes szgnzfzcant servzce level reductions. The proposed' development will not generate traffic volumes~in the ' future wtuch are in excess of the capacity of the County road system ' '~ or cause significant service lev discussed in Sehmueser, el reductions, as GordonMeyer's Engineering°Report (Ezlu`bit $)`' ~ ""' RoadDesign And Construction (Sec. 2-200)' ^ It is the policy of the County to insure that new and upgraded roadways are designed, engineered and constructed to minimize environmental and aesthetic dama a and tune maintenan conszstent with public safeZy'neeitsg ~ ~ ce costs The dnvewa will be designed aYtd Cclns cteil to the Ct~`unty's ~r° Driveway Sfandard. Tlie road wall be°'ade'gtiate'to`ve the uses proposed. • Logical Extensions Of iltilities (Sec, 2-210): nwo P nJ f ~J gu P extens~ons.lAreas sheaved' lit' suchrextent tons ml u and private utility st be found suitable for development an accordance wzth adopted comprehensive plans and the policies and regulations o}'tlie Pitkin County Land Ilse Code. ., w: 29 _,: ~, "-w,.. Wn 4M .i. y.w,v, tab Y*r>:u~v~ t F u..:.. ~ .,, r, ...., " .~ r~ n,4+,~w.,. ..wr;1' f r 4 '. r.. ... i _ .. ~. , , . ; i ,.. ~. d. ;.. ~.. s l .. .. .. y .W .. i I nl I,. '. ~ ~'. .. ~' ; « x P ..~,.~~., ~ ,u,, ~. ~~.~,;~,,..,: , ~ ,.. ,: ... Undergro~rtd"natura g~F lectnc artcl~'1toYCe'tttlrtaes:fie; in pla e - ^ adjace'""n "~o E~e~'Tot. „~ ~ ~:: ~ " _ f ~1- "`"` Impacts On Taxes And Management Of 1Vecessary Serrrices And " ~„ Facilities (Sec. 2 220 It is the policy of the County that new development makes fair share contributions to insure that no reduction in the quality of services, ,,.,, public facilities or programs provided to the community will result. '~ „ The impact of the develo ment of the lot on C unty ervi is ~ " p o s ces of e o c l ~ d~elopment of the property will constitute a f~share ontribut o n toward any increase in the cost of public services. _ ,. . . Transportation (Sea 2-230): „ rt is the policy of the"County to encourage transportation programs . ,, which minimize automobile congestion, promote traffic safety and reduce sources of air pollution. The County shall encourage - - transpor~t anon modes which reduce automobile usa Non-motorized transportation alternatives such as trails for7icycles, horses, ,- pedestrians, and cross-country skiers are encouraged. No special transportation programs to m;n;m;~e automobile ~,. * ~ . , _ ,, ... _ .. , . ,.,,:congestion, promote traffic safety and reduce sources of air pollution ' are proposed. There is ~no existing transit service to the site on Highway 82 because of the low density of the neighborhood: A public _„ . ~ trail is in place along the west side of the highway which is adequate'to" serve the area. In fact, most bicyclists and joggers use the highway, ti however, because of the relatively low traffic volumes east oftown ~ ~' . "" " • Compatibility With Agricultural Lands A d O e . n p rations (Sea 2-240): >'^ It is the policy of the County to promote the economic viability of agricultural lands and operations within Pitkm County and to insure that large tracts of Zand now committed to or capable of agriculturatuses are preserved. ,;. """' ' This policy is not applcabje"to'the proposal, as there are no agricultural ~ ~ lands on the site. '. ! • Compatibility With Historical And Archaeological Resources ~ (Sec. 2-250): "" Itis the oli o the Goun to otect sates s p ~J f ty pr tructures and surrounding areas determined to have historical or archaeological significance. •„ . , ~.. 30 . - .^"'~ d ..f I~~-~y~bw.en.,..~srtk`li,,. ~M;ti v .. - m _ t ' "w.R _v ~ ,- There are no areas of historical or archaeological significance on the , site. «,,. • Housing (Sea 2=260): ~ Zt is the policy of the County to assure the existence of a supply of desirable and affordable housing for persons"employed in Pitkin County, senior citizens, the handicapped, and other qualified persons „~ of Pitkin County who are necessary for a balanced community. The proposal is exempt from requirements regarding~the provision of affordable housing. The construction of a caretaker unit as proposed is consistent with current policies and regulations. " • Energy Conservation (Sec. 2-270): " " It is the, policy of the Coustty to encourage features in any' `~ " development whichwill conserve energy resources and minimize. the consumption of energy. - All construction on the property will be in compliance with the County's Ene'YCode in effect at tliestune of 1~w1_ding pernut issuance. • Compatibility With Public Lands (Sec. 2-280): It is the policy of the County"to preserve and protect public lands """ from the impacts of incompatible development b romotin Band y p g arby public lands whfch are compatible with us c~ a pu f bli use o those lands and with the preseroation of the. natural ^" environment. The site is bordered to the east by public land: However, in the vicinity of the site, the public land is quite steep and not suitable for use „_ by the general public. ~'' Access to Public Lands (Sec. Z-290): It is the policy of the County to preserve existing access points to public lands and strive to secure new access points consistent with ""' County and Federal Zand use plans. Existing access to public lands is not affected by the proposal as Ehere's ~*« no established access through the property. ... ... • Private Land Surrounded by Public Lands (Inholdings) (Sec. 2-30`0): ~^" It is the policy of the County to promote and'encourage the transfer "' of private inholdings to public ownership with the objective of promoting consistent management of the public lands to reduce ~.-- conflicts between private ®zvxers and developers and-the ~blic at large. This policy is not applicable to the proposal. ,. ~ ~, ~. ~ i _ ~ ~ ~ ~ 31 ;..r ~ ... ~ ., _.. ~ i ~~ iii. The intent. of theZone District to which it is proposed. to be located. ^^ The intent of the AFR-10, Agricultural/Forestry/Residential Zone District,. is to "maintain the rural character o, f lands proximate to development "centers aril ~ State Highways by preserving agricultural operations, wildlife habitat and scenic r uali while ermittin low densi ,sin le anvil dwellin ~"unit's and customary n., q ty P g fiJ $ -f y g accessory uses. " The buildout on the property will be limited to a single- . , ry t H " ;. family residence, a caretaker uruf;and customa accessory uses, which is " consistent with the requirements of the ASR 10 zone Caretaker units °"" have traditionally been: considered a customary accessory use, subject, of course, to a review of Code requirements ,on asite-specific basis. . ,F ..~; - iv. The character, of the immediate vicinity of the parcel proposed for a development and surrounding land uses, or enhance the mixture of ~,,,, complimentary uses and activities zn the zmmedzate vtansty ®f the parcel J proposed for development. _ " _ rvil~ ~ ~" "" I .. .ty P The character of the immediate ~ncuu of the arcel includes free markef _..~ '^" residential lots of one acre to 25 acres m size b. The location, size, design and operating characteristics of the proposed caretaker use are: in harmony with the surrounding area and minimizes adverse effects, includingvisual impacts, impacts on pedestrian and vehicular P g ry ,. , circulation, arkut ,trash, service dehve ,noise, vibrations a surroundm ro erties, as re uired under the provisions of S nd odor on • g P P q ec 3 210-O10AB ., '~ c. There. are adequate public facilities and services toserye the caretaker use, including but not limited,to roads, potable water, sewer, solid waste, parks, ..;police, fire protection, emei•gencq medical services, Hospital and medical • ` ~ fired under services, drainage systems; and schools where applicable, as requ the provisions of Sec. 3-210-O10.C. f: :. .. -. .... ..... ... ... ~" d. As required. under the provisions of Sec._ 3-210-010 D, the proposed development will not: r, i. Materially endanger the public health, safety or welfare; and The proposed caretaker unit will not•materially endanger the public "'" health, safety ar welfare, 32 r -- --~-- .~ Y..,..~~:~.,~a~.,~.~.~~~.t .r.xa.~.. a..~,k~,:... ~ "i+~w.r'SI.~,u=; ,..e.; .k'tn~.'f,:t•su MnPr.. a~Sa!~'+''r2`rv~~ ~i, IV D. ~.. , . - E,•: ; 1. General (Sec 4 4 - The development application lisfed below for which ^approval is being requested ~ .~~ ~ x<.° e. is sub•ect fo the one,-step review procedures descnbed ui Sec 4 50`of the C .. .,,_v .,.w..__. ,. `a. Caretaker Dwelling Units (refer to Sec 5-50 for submission contents and Sectian 3-150-130 for review standards). (Sec 4-40-020.J) 4 2. Procedure (Sec. 4-40-020): ~ The following steps in the land, use review ;process for one-ste teviews as descnbed in Sec 4-40 020 are addressed as part of this application: a. Pre-Application Conference (Sec. 4 40-020.A): Prior to the formal submission of an application, it is required that an applicant confer with the Pranning Office staff in apre-application conference to obtain information and guidance Office staff in a The applicant's representative has conferred with the, Planning .. , a... ". a., "re`~afedb the __ ,. ____ __ mi.,...+o_„„~liraNtitt summary P p y t,... »rr- .. _.. w,.~,~. ... Planning Office is attached as Exhibit A2y: ^ ,,. ., b. Submission of Application and Fees (Sec. 4 40 OZO B) A development application shall T%e submitted in the standard form as ,.w. specified by the staff and shall contarn the suliinisson contents identified by • nference' jrur'suant to Arftcle 5 of the Code.... , the staff in the pre-appizcafton co The development application shall be accompanied by a fee, as 'established,.. ~. by the Board. The development application is being submitted ii1 the form; as specified by the staff and contains the submission contents identified by the staff in the p pp • evelopmenf app~licahon is acc6fiip°amedby, re-a hcation conference The cl the filing fee established for the application. ~ ~ ~ '~ ~ ~ ~ ~ ~ • c. Vested Pr a 1Zi tits (Sec. 4-40-020.G): q Following re~eip of a develo ocedu es ortvesting propetrty yzge u~ t the Planning Office to imt:ate pr f tits ursugnt to Section 4-140. "33 ~ r4 Mfr &t ~-GT *3 t/= .. ~ ~ ~ 1 • _ ~i :. n. - ~ 1' ~ .y,, : s ~. `»k x.:. v~`~ kj E `: I ~. ~ ~ ~, i " The applicant is requesting that followmg a~tproval of a development permit that the Planning Office initiate procedures for vesting property rights ~'' pursuant to Sec. 4-140. ~" ' IV E: SUBMI5SION'CONTENTS-GROUP IDEVELOPM~NT APPLICATIONS w ,,.,n ~ N.~,,," - .. ,r,. (SEC.5-50) ''"` 1.-General (Sec. 5-50-010): i y a, q n contents for Group I Sec. 5-50 of the Code establishes the re aired subnussio ~-; development applications. Group I development applications include the following use for which the applicant is seeking approval: ^"" a .. Caretaker Dwelling Units (refer to Sec. 4-50 for procedures and tl' Sec. ,.. 3'-IS%~1~0 for'review standards). (Sec. 5-50-010.G) ^'" 2, Application Contents (Sec. 5-50-020): „ , ,, Development applications for activities categorized in Group I such as _Caretaker .. ~., . Dwellin Units shall include the muwnum submission contents for all land g , .. ~: development applications, addressed below, and a written report demonstrating that the application complies with the applicable review standards identified in „_ ~., Sec. 3-150.-130 (see Section IV B, above, beginning on page 22): p pp nimum, the information w, All develol (merit a50lz~cations shall znclude, at a m and materials specified in Sec. 5-50-020 of'the Code.. During the pre- „~, application conference, the Planning Office staff may authorize modifications to the required submission contents., The application addresses all requirements of the Code applicable to the use ~', proposed. f A Ze~er1 s'gned by th appZ~cant containz'ng the appZ~'cant's name, address ~. and telephone number, or if applicable, the name, address and telephone .number of the representative authorized,to actwon behalf of the applicant. '`"" Applicant's letter authorizing Joseph Wells Land Planning to submit this ~, .. application is included as Exhibit Al. __ - g p f the parcel on whch,the ~ The street ~ ddress, andscurren~le2al descri tion o .« development is proposed to occur and a 81/2" x 11," vicinity map locating the subject property within Pitdlin County. . ,_ , 34 ~.. ---.-~ ,. w.,. _.„ S H, 3 j eew The parcel is located between street addresses of 4291 and 43151 on State,. Hi hwa 82, uninco orated Pitlan County. The legal description of the $ Y TP r„e . _ _ w parcel on which the development is proposed to occur is a metes and~bounds description is included on the draft 1041 Hazard Review Site Plan.' A vicinity t"" ~- map locating the subjectpropertywithin Pitkin County is included on page Z of the application..,. `~' d. Disclosure and Proof of Ownership (Sec. 5-50-020.D): A disclosure of ownership of the garcel on which the development is e from a title insurance ro osed to occur, consistin o a current certi cat t n '~" a State of Colorado, company or attorney licensed practice taw th listing the names of all owners of the property and all mortgages, judgments, liens, easements, contracts and agreements affecting use and ~ development of the parcel and proof of the owner's right to use the land for ' ' !, the purposes identified in the development application. This shall normally require proof of complete ownership or written consent from all owners. '"" The staff may also request the applicant to supply a title history for the '; . subject property and contiguous property demonstrating the chain of title. A copy of the title information setting forth the owner of the property is included as Exhibit A3.b. ,~, e. Legal Access (Sec. 5-50-020.E): ', Sufficient information to demonstrate that the applicant has adequate legal access to the parcel for the development proposal. «~ ;: Ads to f~i'e parce is p ovided directly from State Highway $2 ;` ~ approximately; ee'"~o`th tl'as ~y."_." n t`° the "~s e zty " ts. f. Standards Report (Sec. 5-50-OZO.F): A written report demonstrating that the proposed development complies with the applicable substantive review standards. ` ' The review standards of Sec. 3-150-130 which are applicable to Caretaker " Dwelling Units are addressed in Section NB, beginning on page 22 The review standards of Sec. 3-210 are addressed in Section IV C, beginning on page 24. g. Pre-Application Conference Summary Sheet (Sea 5-50-020.G) ` ' ,' A copy of the pre-application conference summary sheet provided to the.. applicant at the pre-application conference. A copy of the pre-application conference stzmmary'sheet provided to the applicant following the pre-application conference is attached as Exhibit A2. h. Site Utilization Maps (Sec. 5=50-020.H): Twenty four 24" x 36"and two 81/2"x 1I"site utilization maps specified by the staff during the pre-application conference. During the pre- 35 ....., ,....:. .~;~ ~..~ o..,v _ . a...,~~,. ,,.. w .. r; r eL..v ti t ~~. . ~ ~.~ y I ~ r.; x` ~:` 9IIJY i. .. .. ~ ~ ~ i ' application conference, the`Plannng Office may authorize an applicant to w consolidate or delete specific maps which may not be applicable to a particular development proposal. The 24"x 36," site utilization maps must be folded td fit within a,legal sized, folder wfth the name of the application ' visible. Rolled site plans will-not be accepted. '"~ Nine copies of the full-size drawings are being provided along with reduced -- copies of the drawings`for the site, which are included in this application. ~"" i. Copies of Application (Sec. 5-50-020.I)r ' ' ' Twenty four (24) application copies. ~„ Nine copies of the application are being submitted, as requestedby the , Planning Office. ' „. • .. ,,,. f ~.* ~ ;:: ,• .., ,., .: i k.. ~., ~... ,, , ~» ~. ~+ r* 4,.~ 1 i ', ----- - - ...... . „ w ... ~~ ~ ~. ,.,~~ ... ~....... _ .,. _.. 1, Encroachment or Channeling (Sec. 3-70.020}: There are. no areas on the property which appear to include wetland ,vegetation. No encroachment or channeling activities in a natural stream or wetland as defined by the U:S. Army Corps of Engineers are anticipated. ` ` 2, Drainage (Sec. 3-70.030): ,., _ , The proposed development will provide for: a. Maintenance of historical flow patterns and runoff amounts to reasonably preserve the natural character of the area and prevent property damage ' attributed to runoff rate and velocity increases, diversions and unplanned pondng or storm runoff. b. The unimpeded flow of natural water courses. c. Adequate drainage for all lowpoints. d. A drainage system capable of accommodating runoff from the proposed development, e. Maintenance of drainage systems. f. Adequate provisions for storage, treatment and removal. of pollutAnts which may result from development. g. Runoff volumes and peaks within the development site and in areas affected by runoff from the site will not exceed the runoff levels attnbutable to the site. , . 3. Erosion (Sec. 3-70.040): The proposed development will: r a. Not cause erosionproblems and will retain. all soil on-site except for excess ' material generated from excavations. r•~ ', b. Minimize disturbance of natural vegetation and soil cover. """ c. Insure that all cuts and fills are adequately designed and vegetated to s control erosion as well as stability of the entire mass. 37 _. _ ._ _-- N .....~,. , x ~ . __ . _,.,,. ... ,., .... ~_,.. ..,....... .. ~.,. ~. ~, rc'w2` s?rJs#:e M;q „dry ~~. A*GO zxx,~~,~e ~:,.. 6 r ~.; ,~. i .. ~. ~:~h°A. 1 ' f .. ~~... . _ _. ~.. i i. 'I. ., ... '. ;... ',, d. Include adequate provisions for protection of vegetation from fire. e. Insure that natural drainage patterns are preserved and protected from '" increased water flows which subject existing channels and adjacent areas to increased erosion;. "~ '' - ,. f. Preserve natural vegetation and soil cover adjacent to natural streams, if any. 4. Groundwater (Sec. 3-70.050); ' .„, The proposed development will: ' a. Not cause urtdue mterference with, any critical recharge area or with any ~,, major groundwater aquifer. b. Not result in land clearing and grading operations necessary for the „~, proposed developmerit~ to be conducted Bring periods of maximum water ..runoff. 5, Irrigated Areas (Sec. 3-70.060): ~+ The proposed development will: h„ a. Not adversely affect the adequacy of water supplies available for the " irrigation of agricultural lands. ,_. _, i wate~ rightersely affect the exercise of any existing and decreed irrigation ~. c. Insure the preservation. of at Least ninety-five percent of the acreage ,, historically available for human food production, or hay, grain and other feed crops for livestock. There are no agricultural operations on the property. "" 6; Imgation Ditches (Sec. 3-70.070): _. ,. a. There are no active irrigation ditches on the property. ,+n ' b. All habitable buildings will be constructed uphill of any irrigation ditches in ' the area. .. ° flood imgationvelopment avoids flooding problems which might result from ~ ; d. Because there are no ditches in the azea, any basements and soil absorption sewage disposal systems will not be negatively impacted by flood ~.» imgation or seepage from irrigation ditches. ~.. 38 ~. ~. 7. `Sedimentation (Sec. 3=70.0$0): co struction and d velopment col will be provided throughout all phases of disturlianceto cu 5 andbxun off sto streams d lakesawill lie preve ted.e the ,,,,, c. Areas of clearing and grading will be revegetated within one growing ., _,: ,~ ; season: • ,, 8. Water Quality (Sec. 3=70.09'0): " ` .. , The proposed development will not interfere with the designated uses of water resources as represented in relevant portions of the Water Quality Management ' ~ `~"' Plan for the Roaring Fork River Basin (Wright -McLaughlin Engineers May, 1974), the 208 Water Management Plan and State regulations. ~, 91 Water Supply (Sec. 3-70.100): _. ,. , • .. ,~„ a. The applicant will make adequate provisions to meet the water needs of the proposed development as established by the County Environmental ', Health Department. ~ b. The applicant does not propose to rely upon the use of newly appropriated water rights or the change of existing water rights. V B. IMPROVEMENTS AND SERVICES (SEC. 3-110): ,,,, The proposed development is in compliance with the standards for improvements .- : and services of Sec. 3-1I0, as follows: 1. Logical Extension of Utilities (Sec, 3-110.020): .. _ The standards in Sec. 3-110.020 are not applicable to the proposal because the, -~„ axea is presently served by all major utility lines. ' - 2. Water Distribution Systems (Sec. 3=110.030): The standards of Sec. 3-110.030 which are, applicable to all water distribution systems. do not: apply to the proposal ~^ 3. Water Supply Systems (Sec. 3-1112.040): Srhmueser', t of on, eyer )ias de`med fhat~'~tvater`from a new weli is the ~, )~`t'efeP~~d 'omesficiva`fer supj5ly for the subd ~ ~ ~ ~ ~~ ~ pp ` ~ `f vision. 1`herefore, the a lzcan will pursue a well permit in order to establish a water supply for the property. 39 ..~~"` y j a;,ya~_. n;; ,:1 ~._r.;~r, ak .k n.~:. ~.:~.4.nv.. ~_s y,iie watea system wui oe m compuance wrtn the provisions of Sec. 3-110.040.B, as follows: ,- a. City water service is not available for the property. b. T he applicant has the right of use~of existing water rights sufficient in quantity, quality and dependability to serve the proposed use. c. The applicant has the. Iegal capability to accomplish any changes in the rights to serve the proposed use without material injury to vested water rights. d. The applicant has the ability to construct facilities for raw water, sEorag'e water treatment; treated storage, distribution and waterpressure ,maintenance adequate to serve the proposed use. e. ThegappliY nt is capable ofpxtending s~ch service to the proposed-use and ^. m to ade uatel maintain and o exate thus stem. 4. Sewage Treatment and Collection`(Sec. 3-110.050): The subdivision is not served by the Aspen Consolidated Sanitation District's sawage treatment system. ~t _is Schmueser, Gordon, Meyer'a opinion that an Individual Sewage Disposal Sgstent"c~r[ be4constructed'fo serve the proposal„see Exhibit B). a, Applicability: I The standards in this section. are applicable to the application. b. Connection to Public Systems: 'The proposed development is not located within an existing public systems service area. «*a c. Private Sewage Systems: An Individual Sewage Disposal System is proposed to be utilized for the property. d. Design Standards: The Individual Sewage Disposal System and connections to that system will .~ comply with the sewage disposal guidelines of Pitldn County Code Title X• aa. 5. Public Utilities (Sec. 3-110.060): a_1. .. . ...,..:. ~ ., _. .. The site is presently served by eiectric; gas and telephone service. The applicant to the lot F.., gyn... 40 .~. .-~ n a. rsppucaniuty: The standards in this section are applicable to the proposal. b. Utility Company Service Commitments: The applicant has recieved a verbal commitment from the relevant utility companies confirming heir ability to serve the development: Necessary arrangements will be made for installation of utilities prior to building permit issuance. c Undergrounding: All new utility lines and services will be undergrounded except for those exempted in Sec. 3-110.660.C. +_ 6: Roads (Sec. 3-110.070): . j! a. Applicability: ', The road standards in Sec. 3-110.070 are applicable to the apphcahon:` Prior to any construction assoaated with `the driveway, the applicant will receive a development permit from the County Engineer and Planning Director in ' compliance with Sec. 3-110:070.C. b. Consistency with CountyPlans: The site is accessed directly from State Highway 82 by wayof a private driveway. No new public roads and'rghts-of-way are necessary or proposed to serve the proposed development. c. Design and Construction Standards: The driveway serving the property will be designed,and constructedn compliance with the Pitkin County Road Standards and Specifidations and'Pitkt'n County Road Mnriagement Plan. d. Subdivision Access: The driveway to the btu"ldng envelopes has been located in order to achieve the best possible sightlines m both directions on State Highway 82: filie new' access point and road will be in compliance'with fhe standards in Sec. 3-110.070.C, above. ,. __ _ e. Completion of Road Improvements: Any private road improvements which are required will be completed within the time limits set forth in the permit approval. existing road capaci es. posal will not generate traffic volumes in excess of 7.', Parking (Sec. 3-110.080} a. A hcabiIi The parking st ndards of Sec. 3-110.080 are applicable to the application. 41 .. >:, ,, .. , I. ,~ .. ~ .4 ~ ~, r - b. Design Standards: All off-street parking spaceswill conform to the design standards of r Sec. 3-110.080.B. c. Quantity of Off-Street Parking: „~,, The parking provided will meet the minimum quantity of off-street parking "' spaces as determined from the standards of Sec. 3-110.080. At least one parking space will be provided for the caretaker dwelling unit, if constructed. 8,. Trails (Sec. 3.110,100): ' No new public trails are proposed through the site and therefore the trails '" standards of Sec. 3-110.100 are not applicable to the proposal. 9. Lighting (Sec. 3-110.110): ^^ The proposal will comply with the lighting standards of Sec. 3=110.`1 f 0: ` ]0. Signs (Sec. 3-110.130): ~, The proposal will comply with the sign standards of Sec. 3-110.130. I _. n ' i ~• ~'~ ®., ~,:~ .~, VI. EXHIBITS. ~r EXI--IIBIT A. Additional Submission Contents: A1. Applicant's Letter of Authorization to File. A2. I're-Application Conference Summary. A3. Disclosure of Ownership. a. General Warranty Deed. b. Title Commitment. A4. Names and Addresses of Adjacent Landowners. -- --- y . ,_ ,~-.- ,-. ., :- ti~ - ,,- b'"9 @,`J I eY .. A: t I 1` -: I t I' ri + C I~ ~i 6 fl I • ' I.< .vm~fw'.` t-n u . t . . ~ . n »_,,.o > ^*. ,~,,. > vrvr. ~. my.xt~ Y!F,,,do- JSd..rm a. . .. ~ [ ., ~ ~ wt" J i . ~ r ~ LA OFFICES HILL, EDWARDS, EDWARDS & ADKISON, L.L.C. ~ ,, i "' ' ` ""~ ~ " CENTENNIAL PLAZA BURDINO .. ~ . SQ2MAIN STREET. Sl'11T1;`211I ..,. . ,.. " ., , ., ..,.. •.. _. CARBONDALE COLORADO Si623 ~ ~ ` THOMAS C HILL ,~ ~ _.. _.,. .,»•':.' ", .,""•~ ,^ ~ ,.v ..„. v . „ ~-,.,. ,. =,TELEPHONE JOSEPH E. EDWARDS. JR., P.C. (970) ~3-3900 JOSEPH E. EDWARDS. III - ~~ - '--~ ~_... FACSIMILE THOMAS L . Ai>KI$ON ! '. (970)963-3I31 ~. ~ '.,. ,. ~. email:jodyQheeacom August 23, 1999 Ms. TamazaPregl, Assistant Planner. Pitkin County Community Development Department .~ 130 Soutti Galena Street Aspen, CO 81611 °'? ~a RE: Alexander P. "Anderson, L.L.C. Dear lvls.. Pregl: P P g g Y ~ g P son, LrL.C Sisnt elowner of a meaessand bounds I arsel of112 aocreos le all~desclnlied as beinn er of Section 1'~, Township 16 South, Range 84 West, 6`h P.M. The site is Ioca'ted adjacent to and east of Highway 82 and is approximately 2,000 feet to the southeast of the Aspen city limits. The pazcel ~., .. ,:. .. , , . ., ~ , :; ,. r. .,, is presently zoned AFR-10. This letter is to confirm, that Alexander P. Anderson, L.L.C. has requested that Joseph Wells Land ~" Planning; Inc. submit on its behalf the-attached land use. application for 1041 review and related reviews by the County. Joe Wells will represent the owner during the review of this application. If you need additional, Jnformaton, please feel free to contact Joe as t~e owner's representative. Sincerely, HILL, EDWARDS, EDWARDS & ADKISON, L.L.C. III Jk:* ..., MRk 1'. - ~ ~ . PROJECT Alexan per p rdeerson, LLC 1041 Ha ~dyReviewpponceptuaySubmtsston aril $c~tc O~veprlay ss from LOCATTONi "'"1`liis roe adjacent to State Hi wa 82, a roxtmatel lz mtTe from the ei of ' en limits, acro the North Star Nature Preserve. APPLICANT: AlexanderAnderson;I,LC ~ ~ ~ ` ~RE'hRE'SE15~fA~'~TfVE. Joe Wells P~IONE/FA7L; 925 8080 ,.~~ DATE: September 27, 1999 'PL~NNE)2i"Tainar`a PregT; 920-5103 Type of Application: 1041 Hazard Review, Conceptual Submission and Scenic Overla Y e~ Description of Project/Development: The,applicant is requesting approval to establish a building envelope for the construction of a single-family residence. p_ ~ ~ ±p i. ...o~y.. .. y„n+~~ .. a.... R. .. .r. ,:-~. ., ~.. ,.,~ ~, a,,:~, >^.. ..arv j;:_. .,, ,rya..... 7 .t:.. ~ Areas m which the Applicant has been re uested to res ond, types of re orts requested:. ' q P P , Land Use Code Sections to be addressed in lefter of request (apphca'tior)i ,. Section 3-60-040; Scenic overlay ~"°`~"""` '~ "` °"' "' "` " ' ' Section 3-70, Water Resources ' Section, 3-80.050, Geologic (trapped potential avalanche)" ` " ' Section 3-80.070, Wildfire (mapped low and severe) Section 3-80-0$0, Wildlife (adjacent toYnapped elk critical habitat and wmterzange) -., 4M+. Section 3-I1Q, Improvements and Services` ' ' - Staff will refer the application to the following agencies: County Attorney; Zoning, Aspen Fire Protection District, Colorado State Fqrest Service, County Wildlife Biologist, County Engineer, r'" Division of Wildlife ~ ' Review by: Hearing Officer. Public Hearing? Yes. A public notice sign shall be posted an the property at least 15 days prior to g p e Code., The Applicant shall mad`notices to 'all adjacenf property owrcrs" !''± the hearin ursuant to Section 4-90 of the Land,Us at (east 30 days'prior to Erie hearing ivi'th the return address of the Comtnunity Development Departmettt (a copy of notice shall be obtained from the Community Development Department). The names and addresses shall be those on the current ,:~ w., a ~.,.< , .,y shall submit a copy of the adjacent pro party d nu more than 60 d P s prtppto the dale oTtfie'pulihc Baring. The A Ticant pe owners with the corn late a lications ~ pp', .; ;, _ .. _., .. I What fee is the applicant requested to submit; ` ' P"' Total Deposit: ~T,270: Planning Office (deposit) $1,110 (additional hrs are billed at a rate of $185/lir); Referral Fees required: "`` County` Engineer($1ti0) ' ~ prop rty p gr farm do not mclude as+s Please submit: A list of adjacent a owners and 2 co ies of the `A Bement To Pay' ( with each packet coPY) Number of copies of the application apd maps to be submitted: 9 For a complete application, please''includetne following in each packet: • Summary letter explaining the request and addressing all band Use Code standazds )tsfed above. `"` ' ""' Consent from owner(s) to process application and authorizing the representative (if applicable). • Parcel description, including legaTdescription: ' ` ' " ~ ~` • Proof of ownership (from a title company or attorney Iicensed in the State of Colorado). • See attached "1041 Hazard Review Site Plan" requirements ~. . Copy of this pre-app forri. ' ' ` Oeo]ogic analysis by a certified Geologist. NOTE: This pre-application conference summary is advisory in nature pndrat binding on the County. The informationprovided in ~° this summary is based on current zoning standards airi} staffs interpretations based upon Yepresentdlons of the applicant. Additional information may be required upon complete review of the application. "~ " _, -~ -.. -_. ,.. ... .., .. , ~ .......... .....~:., , ti u. , , ~:,~ a-.., rn. m .a~.v1wK uu! ~N`~14ti ~~Aa'oi£~n...%wEhL>_ n("x°"':r~ ~' /~!V I:J( it .... ,I t r., y;. .. Lit~a,, „ ~ry d j x A I`i' I REQUESTED BY: RECORDING , WHEN RECORDED RET`l'JRN TO u. ~ .a,.. •,; ~~~ ,_ _, ~, ~, ~ r a ..,. h GENERAL WARRANTY DEED « ...„ w. ,,,, , . .w ~ .. THIS bEED is made this zT~ day of Apnl i 1998, between JOY StvYITH (hereinafter !~"" ~ "Grantor" ,and ALEXANDER P. ANDEISOl7 LL;C; a` Colorado Limited Liability Company - ) . .. r. (hereinafter "Grantee"}, wfiose legal address is PO Boil 4~4, Aspbn, Colorado $ T612. ' WITNESSETH,. that the Grantor, for and in',consideration of the sum of Ten Dollars ($10.00) and otfiergaod andvaluable consideration, the receipt arid sufficiency of which is hereby acknowledged, has granted, bargained, sold, and conveyed; and by these presents does grant, bargain, sell, convey and oonfirrn, unto ilia Grantee; i4s'sticcessora and assigns forever, all the real property ~, together with improvements, if any, situate I}nng andbemg in the County of Pitkin; State'df ._ y Etis descntied as folldws: See Exhibit A`attached hereto and incorporated herein b t reference. *'i' TOGETHER with all and singular the hereditamenta and appunenaitces fheretd belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues p 'g est, claim and demand whatsoever of tiie and rofits thereof, and all the astate, n ht, tale inter Grantor, either in law or equity, of, in and to the above bargained premises, with the hered"itaments ~ and appunenances.' TO $AVE AND TOIOLD the,_said premisesaliove bargained and described;~~with the ~+ ;appurtenances, unto the Grantee, its successara'and assigns forever. And the Orantor for herself, her heirs, successors ;and a`ssigns,`does covenant; gram, bargain and agree to and with the Grantee, its M successors and assigns, that of the time ofihe ensea7hg anrT delrvety ofthese presents she is well ~ ^J seized of the premises above conveyed has good sure perfect absolute and indefeastlile estate of e+. wfit(autYiotity 4o grant, bargain, m nn n fo m gs t e 1 t a aforesaitl and y he same ie free and clear from the same ma er a d r a h t s an d onve all former and`otfier grants, bargains, sales, Gens, taxes, assessments, encumbrances and restrictions ' ~ or nature whatsoever, except the following exceptions: of whatever kind `_3, T General taxes for 1998, due and payable in 199$. , ~+ ~ 2. Right of the proprietor of a vein or lode to extract and remove his'ore therefrom, should the same be found to penetrate or intersect tlra"pr`emises hereby granted, as teserved in L7nited _. States Patent"recorded July 27, 1976 in Book 3.14 at Page 686 as Reception No. 18~Gd1.~ .. i '°"- 3. Right of way for ditches or canals constructed by tke authority of the United States, as `- reserved in United States Patent recorded July 7`%. `1976~in Book 314 at Page fi$b as Reception No. 185661. "° ` i .. .. 4. An easement and right of way, with the nghi of ingress and egress and access thereto, on and ' p ~ g over the lands for the u ase of erectin necessa ecessa wires for ry Poles and stringing n ry rP W ...., , ., . , . p..; ` , ruction ~ he said ease and ~nent ot o e cef e n e ~, o ri ht of g viay gram g be n I noted to tw e t eet n w dth, beid ien feet y g neither side of the : ,. ~ u said power lines, as set `forth in Right of Way Deed to Rearing Fork Water, Light andPovier '~~~ ~ `' Company'recorded`Aptil24;1942`irtBookf67atPage4~40`asAebeptibnNo.91$20;~the specific location of which is not defined. ' ~- ` ', ~' .. .. ' " ~ I Ililll IIIII111111IIIIII III IIIIII IIIIII III11111(lll lill 418010 04/23/1988 03.:42P i1D DHVI9 BILV2 - "1 ~e1: 3 8 ~1 " 1:21 N 0~:i30 '(tiTK1N COtIlITY Co 8.00 D 7 , ~,. ,,« ...~d ~ _ ~ a ~ _ 416010. ' rq TRANSFER DECLARATION RECEI4ED 84123/1998 ~' ~. e7R sA, c,.~. 'fit ~- . «~ `~;~ I _'. ~, 0 ~~~~~~ ~f~~~ 5~~~~~ ~~~I~~ ~f~~~~~~E ~~~~~~ ~~~ ~~~~~ 0~~~ ~~~ 4I8010 04/23/1988 03.42P ND DIiVIS SILVI A?~. ::_ ~r ,_. 2 of 3"R`18:00 6'[Y;2t"R` 0:00'?Y7KYN l:•OQNTY CO ...,.. i Fp"+ _2_ ' ~,~,~;~ - '. _... .,,... ,_..m s;: ae~,.xxc.ai..a Ymrv x... mx4~.-t,nw+~m~~~R L. ~i'TF.k°+m,6u.m.N~~Mms+PVekf*rv~wh13LL1e~~ "~ _ s: :, ~, ~. ~~ Page 207 a Reception No. 20563I; _ ~ ., .. ~ , f>: Subject to building and zoning regulations. :.. .. ~,. ty, All documents are tecorded in the records of Pnlyn Coun Colorado; The Grantoi shall and,will WAR1tA1~k' A1tTD ~OR~'VETt DEFENDtthue above Bargained -- - ~ ~ premises to the gwet and"peaceable possession of the Grantee, ns succes~sora' and ess~gns, against all and every person of persons lawfully claiming the whole or any pait thereof. The singular number 'r shall include tke plural, the plural the singulaz and the, use of any gender shall lie applicable to all genders.. ~ ., . ~ , date set STATE OF COLORADO ) ~. COUNTY OF PITKIN The foregoing General Warranty Deed was acFmowledged and sworn to before me this "', as Atto"iri m-lEact for Toy Smith. y p 8, by Brdoke A Peterson ey=' da 6fA nl; 199 ., , WITNESS my hand and official seal 1LIy'coinmisstoe ezpiies: ., ~vY+aam-i~r ;. ~ ~ ~~~- i ,e 6 , p. '« ,. .. ~~ " ~ ~~ ~. Mn a.. __ ..:, _ _. . c ::: 4'°° ~(d s,,: n~ ~~ ~ OS follows: ,. .. _. Of .. i,( a. N '.' '~` N yvy :.fir-K +. F.- ,y _p 1 tik q V ~ / v" r as .,t•1"'. u`t~+:v~~~~_~ '~x 4~ g ~ mfx'"~~„Y M t ~'°1~t,..r ~,.y,}y'K+. ~,7 ~~ ATA~owN~•s Poltc~r 'tan=h ~ ' ~~~it 1~3 ~., .:a .. ..... .~._:. .. ..,..;. ., a , ....:~.."N.+n.~uGSVk.~Xa=^S~i r-n~rar."FS'9,e ~ue~..k h`~'x."~' w't: *~,r: a :;. "' t ~ ,.,. xP, ~ k POLICY OF,TITLE INSURANCE ISSUED BY,.,.: y . , ,` A„ STEWART TITLE , GUAR A,~,T~_CbMI'ANY SUBJECT TO THE EXCLUSIONS,FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED ~' IN SCHEDULE B AND THE CON13~~t`5~`A'~1P~J~i:A'~'ION"S, ST~WAR'I"TI~'I.E GUf,RAN'~'~'C~'~'Y+' a . ,..-.u-,. -..µ .~»..a ,. g~aw2s.9~.+<A aa~+.aow~ v^.vse ~-v~, t-u °' ' __.,. Texas corporation. harem cslled,the Company, tnsurea, as of~~e~'o~"Pohcy sown m Schedule AA"; against loss or damage ~,- ,~ not exceeding the Amount'of L~stirance.sfefed m Schedule A, stisfamed or tncutied b`y the insuredby reasorY of: *"" I. Title to the estate or interest dtscnbed m Schedule A being v other than as stated tiferein; 2. Any defect. in or lien or encumbrance on the title; ` ` '' , 3. Unmarltetability of the'title; - ,,,, 4. Lack of a right of access to and frota the land., " - The Company will also pay the costs, attorneys' fees and ezpeasea mcurntd m defense of the title, as insured. but only to the extent provided in We Conditions and Sdpufabons. "" IN WITNESS. WHEREOF. Stewart Title Guaranty Company has txused thrs policy to be signed and sealed by its '~" duly authorized officers as of the Date of Policy sown m Schedule A. ' ' STEWART TITLE CiUARANTY COMPANY ...:.. . tt~~ ~ b Wg~oaro~~ l~ .k.?o:< President .. * l' - _. ....., ...., w. ounterstgn., ore -Chuck Dorn STEWART Tfl'LSOF ASPEN. INC. ~ .... _. ,:`.' AgemIDX060'11A - The following matters are e><pressly excluded from the..eoverage of this polity aaa tap. c:ompmywut mtpny was or aamagc, we,e, aaomrys' fees or expenses whicti arise by reeaoa bf: ` ` ~ ~ ~ ~ ., I. (e) Any law, ordinmee of governmmtei regulation (including bu[ ao[ limited w_building and zoning Taws, ordmmces, of regulauons) resvicting, regulating, prohibiting or relating to (t) the oxupmry, use, cr mjoymeat of the Imd;: (ii) the eharaeter dimensions m location. of my improvement'n'ow or hereafter erected,oa the toad Cii) n sepiiratioa in oavenhip or a chen'ge iu the dimemions or area of the tend or my parcci of which the Imd is or was a put; br (iv) snvitonmemal protection, or `the affect of Any violation of these laws, ordiomceA o; governmental rogulatims, except to the extent that a notice of the enforeemmt thereof or a notice of a defect, lien or dncolmbrmee resulting from a violation or alleged violation affecting the Imd has bxn recorded"in tlje publio teeoids at'baie off Po(iey. ' ~ (b) Any govermrental police power ~no[ excluded by (s) above ekoepi'to the extent that a notice of the exercise thereof or n Hotta of a, _ ... defect, Tien or eacumbrenee resulting from a violation or dleged violatioA nffeMing the Imd has Uten recorded m ilia p~'ub"Iictecoi~et Date of Policy. -. .. .~ ;! 2. Rights of eminent domain odes no8a of the exercise thereof 6es been tecoxded ;n the public records at Date of Policy, but not .. -~;., .,.....w~.. .~a.~.,.. excluding from coverage any taking which 6esoccarrul pant m Date°oi"Po MY wliicliwouf binding on the rights of a purchaser for vdue r ;in without knowledge. ~ - ".. 3. Defects, Iiens, encumbrances adverse claims or other matters: (a) created. suffered aaanened or egiroe~'tol'ry"`ihe instired'e7ai"mant: . (b) not known m the Compmy,. not recorded in the publ'u rxotds at Date of Policy, but known w the insured claimmt and not discload io writing to the Compmy by the iaspred claimanf prior m the date the insured clsimmt became m insured undo this policy; " ` (c) resulting inuo loss or damage to the inanred clsiment._ .:. _ :... (d) attaching or created subaequem m Date of Polity; or .. M.M1, , . .. . P {. (e) resulting in loan or damegdwhich world not have been sustained if the insured claimmt bad std value for the estate or interest iasnred by this polity. _. ~ ... :., 4. Any claim, which arises om of the trmsec[ion vesting m. the lomted ttie esmta or interest insured by this policy, by reason of the opetntior :: of federal ~.,. " .'. .. n the trmsectio ~~ state iasofven or simg`ar crodimm' rights leas: that ra based~'o~Yr ' ' baakraP~'y ry. () n creating die aerate of iotetest msuied by this policy being deemed a fraudulent eonveymce or fraudulem transfer: or (b) rho trmsaction creating the estate or iatetest msnted by this policy being deemed a profereatiel transfer except where Ne prefermtiel transfer resuira f 'rem"thn fw;lurc: Yil m timely record ttie instrument of transfer: of (ii) of Hoch txordntion m impart notice m n purchaser for ,. .., ..:.~ 4 ~..e n-^-.. ,, I. " - ~-- _.---~-....-_ ,_ n~. - o u ._, _.... . -... .o-... ..e.mm -. 'a'..-. Y. ;-5. .f„ Y~v`~-G te+r±~N .9pT" I•Y*+'rvYYa":IF,"{`Y~t}I#F~r~T'~'k6'-~..~a.~?~T!:U`° "'_ ; y~:»,sK +~.x+ f~'1"' ~"~wt'sb. ~ °~'~`4t", tY iA+.~+ iy ~~ ~ N- *, t'.., t .....t-? ~ t' , brta '~ - - i itiDITIONS AND STH'lllr~T1Oit1S Cootmaed ~ _. ~ i~ j 1 r .. , ~ ~- w ~ iI~ @re ~ '. .. PROOF OF LOSS OR DAMAGE. '~ ~ '~ . ' la addition to and a0ar !tie; notices requhed under Section 3 of dreae~ Coad`ettont and Stipulation have been provided the Company, ~s' proof of ku or damage signed ~snd sworo b by the inwred elaimam shall be furnished W the Company within 90 days after the iowred elaima.~ ahitl aaoeitim the fiats ~glviog riw m the Ina or damage. Rre proof of loo or danuge itialf de.cn3e the defeci ur; m lien or enenntbroaee on the tick, m other maser uaured agatna by thin policy which aonstinnea the basis of . ' ;ou or damage sod dull a44, m the "extent pouible, the buffs of eakulatirty the amooi~'of the Wu ~'i)ivuge' If'~u Cfompeny'u'piryud~iceyd. 8y the t'nlux o~the mound' ~cleimant to rovide the wired roof o[ Iou or dame the s obl' aimm to the iamred under the h ~ shell"teimnte, ins WbilitY or obhganoo P re9 P .. -. .. ga. ComP!!my' .. _. ~ ., . ~..... ~,'. po .~ ~ ..., . fud'mg any` ''` ~. I .. ; . . f ~. µ: ,_ .:.,,:....._ a. t defend, proaecu4, or contwue any liagatim, w4 xgerd m dre manerornutEero roquiring t~ of`~ou m dima~~'°" '`.." , . ly be regmred to suborn m examutaom under mih b wy roduce for eumwtion~~ c~ - and ~y~'reaso ouch ~tesaocabk,dmu sa'd ptaeeiis'may~be'~' ~~,deaoiied by ariy ~ auihorized ropx~eufitive of the~COm~ y',and shall p ..._ " ~ . ungxc eopytng ." iuthoataed reaedatrve of"the a0'reeords,~ ,Moots, ledges. checks, correepondenee and vtemonoda, whether burrng a due before m after Da4 ot'~oGey w~ucG xawm6ly pesos to the lon or damage ~ Further, r is-..~ ~; W ~,, , w ~ „a, - .a rcques4d by wy aulhoriud teprosemativa of the Conryrany, the reared tlaimam shall gram ili permiuwn, m wn4og for wry aulhonud tepreseonWa of the ~Conipany' to examine. impact and copy all rocorda, boolu, ledgeu, eheelu, eorroapoodeme and mamonoda iu tha`cuatody dt comeol of % thud party. whieti ieewriably'panain m a,w a Iou or damage. All information deaigmted u eontidemial by the inarrod clairmot provide! m the"C"ompwq porwam to this Section shalt not ba diatlmed m otheu dew, in 4e roaaomble judgment of the Company, it is ipceaury k the admimstnfion of rW claim. Far7w'e olthe ertairA elarrmnt to'auhmrt for examination coder mth,~~ ~'roduce other reasonbly xqu'e'sled information or gram penniaaion to aeeure..~esaodb`ly martyry ial'oraiau ~"l"ion t5ii+g` paitiea~u°iequixA in t~is~.pusBnp6 iEelt . 4rmim4 any 1'ubH'ity of the Coittpany'nnder!hin policy u to that claim. ~' ' "'^. OPTTONS TO PAY OR OTHERWISE SETTLE' CLAfINS; TF.RIIIINATION OF LIABILITY. ~ ~ ', , e _ in cane of ^ eiaim order thin policy, the Company shell have the following additional options: (o) To Pqv or Teaidv Pitymeal ot'the Amouof o[Insawamec ` ~ ' ' ~ ~ - a'+n To psy or xnder payment;of the smarm of inwrance under Chia policy together wi16 arty coot, aaoineya' fees and expenses imnrred by the irmrirA ~ckiwnt, which ' 'arc authorized by the'Compeey, W to thetioec of paymLm m under ofpaymem and wtiich the company'u obhgst~~b pay ' - Upon the ezexiae by the Company of thfa optroo ~ all Wbdrty and oblrgwom m the wured uodnr this pokey; other Than m make ~ the payMem reiryrred ahatl' urmrm4,rmludi ao 1'ubilit m obli ationm defend, rmecuk, or ~'--, ... __ .,. a :.,,~ ~.'"~ rn+ ~ ~ ng Y ~ ;Y g , ~. P.. ,. ,aoMre_rra ~Y IiGg~non, ao~` tom`" PoWY a~~i Y`~` "itendared la the Coiitpwy for ~ eweelfeiion: - ....: (b) To Pay or Olhmwise ~Ser0e nth Parties Other than tbe Imared or Witli'the Imared.Clatmaot. () m pay m otherwise eeWe with other panic for or in the rime of an roared claunad: any claim insured ~egainet under ttiie policy, together with sny cow, y exp incurred by the insured cieimam which were authorized by the Company up to the time of paynreu and which !tie Comgiany is aFitigated to attome s' fees end asses n b pay or otherwise aeWe with the inured ekivunt the loss or damage piovided for under this policy. together with wy cow: attomeya' fges aod''expemes incurred by the insured clsimani which were wthoria`ed b'y the Compmy up to tie time of paymem aod~wfuelt the Company u obRgaied to'pay. ' ' ~armedto or damsise 6~N~ Cow zany, f et r~irstt of eb~ Goon pmsdedd ~l 4mum~i elud'i~ an fiab~"~obl~ ation b deft ro Pe ~imurcd under.this poky for the B0. P Y~ ~ ng Y nY 8 nd, ~ reseeute dr conuwe an IitigaGoa. '°i7 DETERMINATTON, EXT>! N1' OF LIABHLITY AND COINSURANCE. ~ . • . ~ -' ~ ~ - ~ ~ ~ ~ ~ . This poky ie a eontrect of indemnity ageioet acnul mooeury loo m damage awined or incrreteG by the insured cloivunt who hu wffered loo or dsrmge by rcNOp ~'f nutteu iceuted agsinn by this policy and only io the extern herein described. " - - - . - . . ~ ~ ~ ~ ' - - ~~ ' ' ' (a) The liability of the Company wafer this policy shall not excee_ d'Gie least of. ~ ' ' ' ~, n the Amoum of Imurome acted in Schedule A: m; - ~ ~~' }t+s Cu) the differome between du value" of the insured emote or interest n inured end the value of Gee ioarred euate'or interest auhject m the defect, lien or enerrm- ~xme ioarod sgainrt by this policy. - ~ ~ - - . -' ' . (b) Ta the even ~Gre Amoum of loaurence acted m Schedule A u the ba4 of Pm y ~ " pe of the value ~ of the rmuced - p leas, or rf sub, m tb, bete of ~ Policy u~ man 80 iceu oo the lea! wluc6' mcreasm or ia4reet or the full ~omrdeuuon sid for the crd, ahrehever"is - _, ._, ~ ~ ~ "~ -~ ~ ~ ~ "~ - - request e w ' ~ rovemem ra erected ~ ~' the~vahie~of the crated' .. ~., i4te or inures! by et Iuu 20 percem over the Amarm of Inwraoce acted' in Schedule A, then this Policy ii subject m the following: n where m cubeegmm improvemea has bean made, as to wy"partiu loc. the Compwy'dtaU ody pay the loo pro roc fn the proportion that the amount of u n whero a sub mm the toW value of the irtarrrod eita4 or interest etbaie of Yoiicy; m ~ ~ ~ ~' ~tn'anrtce at IA4 of Policy bm ~ ... ...:. ......: ... ~ ~.' . ~'..~., '...,..... - . ,. .; _ . _ .. ." :. C7 "sWue` rmprovemem'hu been mode; as to wy partial Toaa,ibe~Co"mpeny aha1T odly pay the loci pro re4 in the ~Peoponionihal I20 persem of the xnouot of ineurome wtcd in,Schedule A Yxin w the aura of the Avwum `"~ " xpended ,mp ' ~ ~ of Inaume oared m Se`hedu"le A arrd t1u smarm a "' fm tyre r rovemem The provisos of Wit pareg4ph atia0 rarapply to cow, anomeye' feu sad ezpemea for wlucli'the Compeay'is lubk user thu pokey, and Ytsll ody apply m Gut anortion of wy loo which exceeds, to the aggrega4, 10 peree~ of the Amouol of Imurame listed in, Schedule A. - ' (c) The Company will pay ody those cow, atmtneys' feu end expemes incurred in aceordame with' Section 4 of these Condition sad SGpuutiom. ' ,..,,. - °. -. r, i "d. APPORTIONMENT. .. - ... -. .. . ' '. If the land ducribed in Schedule A comity of two m more parcels which ax not used as, a aingk n4, and a loo is ewbl'rahed affecting ore or store of the parcels n norell, the loo shall be coutputed and sealed os a pro roc beau ae if the amount of iruutaoee under tlii's policy' wu dmded pro reu"as"tb'the value on Date~of Policy :: uch eeparec parer! to the whole, exclusive of wy improvameme made abxipieu fo l7sie of 1?oGey, unleu a lubility or valor has otherwise been agreed wpm u m uch parer! by the Company and the ioaired a[ the time of the issuance of !hie policy and shown by an express e44ment or by an dndoraemem attsched b this policy. sir. -.. - I 1 t7,.' F^ (contioned sal tontTaded w ]sat page of this polity) ' ' ~ ~ (ALTA Owner's Policy) o-~. srmoi t ~~ .a, !~ ~°" ~" b+se na E.,., >_. CEWART TIT,Y,E GUARANTYCOMPANY ~. ,. :. ~_. SlE 6p ` 4t`'~.e~`ti~ ;~`,p~°E* ~r%~ ' President r ~19 O~B,+fro •TE -"` STEWART TITLE OF ASPEN, 1NC: Agent ID9060Y1A SeriLlNo. E-9851-0I1535 y r s £4 ca r ~~.e I t' .. ~ ~A''. .. _,. ~ xn I ~ ' ~~ F ALTA OWNER'S POLICY _ , , .w . .. ~ . , _,..., , _, _ . , b.; , 5~il~i~J~ A, ... .,, ,. Order Ntunber. 0 0172 4 6 7 3„ _ Policy NO.: 0-9701-34738 Date of Policy: RpriZ 23, 1998 at 3:43 P.X. Amount of Insurattee: $ ' 1. Name of Insured; ; +"'~ ~ ALEXANDER P . ANDERSON, LLC ~' ~' ~' ' • W .The estate or iraerest in the land which, u covered ,by this policy is: ru u.:-. ~ FEE SIMPLE ':. :, .. ;,. ~.. ;. ,... ~ ,. . I ... ~,. " 3. Title to the estate or iraerest to the land is vested in. ~~' ALEXANDER P. ANDERSON; LLC ~ ~~ ` 4. The land referred to in this policy is described as follows: "" See Attached Legal Description ,: { ~ :. :"'"` . a .< ~.. :, ....;,-.,,.: . ~rmt~.~~~. .. ., rz,~ ,i~NYr ,'~' e d 'f~, ,,„'~ ~~ '. ".t ro"~ ' ua uwxr ,~ 'r ~3r:y,.,~;-~s8 { r ~{ m.,F H- a ~~~. q ~+ ' S~CFtL"D~1LEA ~ ~ ~ , t ,.aws +'~x+n r...,m ireY -.^.» *a~:? ~n r~ i as f t era O{der Number ooo2e6~3 ` :` ` a, 5; ~ _ ' _ LL~ALbESZRIPT70N __ era _ :. ~ ,. A tract of land situate in Lot 13, Section 27, Township;IO South, Range 84 ,. , . West of ;the sixth. Prinpi a1 Meridian bean' more"" ar"ticniiar'1 described,.. as P g p " Y eb+ ~ follows:' ~ ,, ,,. CoYAmenci»g at "the south 174 cornbr of said Section 17; ' ~ thence North 01'27'38x" Weat 543 93 feet along the east line of said Lot 13 (the"neitli south centerline of Section 1'7` as defYned liy 1978 Ziurs'arr of Land . v,.. xw .~ ~ _ .. - is Alanagemen'ti survey) to t7ie point of beginningg, thence North O1°27'38" peat T55 tl3 West 755 03 feet along the east Zsne of °" Baid Lof` 13 to tTie noztlieast corner of said ~o 13; thence South 89°35'11" West 103543 feet along"the nort;6 Zzrte of said Lot.13 ` to n brass cap set forth the witness corne~'to'°f~ie northeest cornei of said ,, Lot 23 the northeast corner of a tract of land described in Book 3~6 at Page ,. .. v §Pa -a J L.,.. .. " . 345 of the records of the Clerk and Reco;der of 'Ps.tkzn County," Colorar~o; thence South 00°09'00," ~*eat 124.29 f'ee~ along the east Ziire of-said tract g Y to the north izghf=of=way Zine o~ Colorado :n Book 356 at Page 345 ~ ~~~ State Niahwa Tio: 82 as`deacribed sn Book 174'at"?age 4'74 of said Pitkin a, County records; ` ~. ~ ~. ~... thence along said right-of-way line the following coursesi South 70`057'45" East' 43.27 feet; ' ~ ` ~,,.., thence 240 90 feel along the azc of a curve to the right having a radius of ., r .. 623.00 feet, n centtal angle of 22°09"'17°",' and srbfendifg a chord bearing South 59053'15" East 239,40 feet;" ~ "' `' " Lhenca South 48°48'45 ,East 301.50 feet] thence 290.76 feet along the arc of a eurve to the right, having a radius of 336.50 feet, a central angle of 49°30'28", and §ubtending a chord bearing ` ~' South 24~°03'45" East 281.80 feet; ~ ~"' . ~,, >,. thence South 14°21'45" West 34.00 feet; thence leaving said right-of-way line on a course bearing *' North 9b°00'00" East 404.52 feet. along the north line of a tract of land :, described in Book 265 at Page `40'6 of said"Pitkin Countji riacords~to'thee northeast corner of said tract of land; ,~, thence 1~lorth 90°00'00^, East 69.1T_feet to the point of 'beginning. CO~ITTY OFPZ'TRZN, STATEOF COLORADO. ' aw•s wm~ r" ,sum 1. Rights or claims ofparties in possession, »ot shown try the pub[tc records. .z 2. 'Easements, or claims of easements, not shown Iry the public records. .._ °`~ 3. Durvey andti s on of the premu~ Iwould d~closeeand which are arot, flown by the ~l~ecordsh a correct, ~ 4 a~ Inot shown by the ptublic records.ces, labor or material heretofore or hereafter furnished, imposed by law r~++ S w~ert rights cla" s or tmule• to s~eations or exceptions in patents, ar an act authorizing the issuance thereof, ... _ - , , ,,,, ,,,,, , ,-.,,..x. ~: a .~..n»<., ,fl a~, YY: „,.. , , ~ , _ , ~., P Y ~ and '. P"' 6. svbse sent earssandnan soecia~ asaessments8notnotet certifieda on athe~' tax ,., 4 Y Y P Y „, roils of Pifkin County. .~ 7. Right of the proprietor of a vein or Zode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in" United State"'s' F~afent""re'CBided :7uZy ~`y, 197G" in' ~ _.,.,~ri.~.. . ~,,,~ Book 314 at "Page 686 as Reception No. 18"5661. .+ 8. Right of way for ditches or canals constrveted;by the authority of the United States, as""'reserved in United States Patent recorded July 27, 1976 in ,Book ~ _: .,, ~. ~_: q .. 314 a't'"°Page "6'86 as' Recep'tion' No. 185661, 9. An easement and right of way,"~with~ "the right of ingress 'arid `egress and aacess'~ thereto, on an over the lands, for' the pvrpc`se of `erecting neoe§sary poles and stringing necessary wires for "the construction Anc1 `maintenance'- of electrical power"trap"§missior line,'"the said easement, and right of `wap'granted .~i being limited to twenty feet in width, being ten feet on either side of Lhe ` said power Z.nes, as set'for£fi .in"Riglit of Wap'beed to Roaring Fork TJatei',` k P P _. Recettiondltopo9182'OC~t&ens ecificdlocation of/which;,' s not~defined,Page 440 as ' ~i 10. Right of way Easement- 20 feet in width. granted ~nto''NO1y Cross EZactric ~.. ~ .. .. Association; Inc. to construct, recortstruct,`enZarge, opstate, maintain and ~,,., remove an' eZectzic'~ transmjasion or distr.;bvtion Zane or"system as ~'et `forth`' ` ~ "` zn instrument recorded July 11, 198 zri~`"Book~`.~5Z~'a~ $"a`q`e"'2~'b7'"ss Reception No. ,. _ 205631. '_ I Exhibit A4. ,.. Ownership of Adjacent Parcels as Shown in the Current Records ty _,. of the Pitkm Coun Assessor: 1. 2737-17=300011 . r~ ; _ Andi Ranch, L: L. C. 1 Casuarina Concourse ` ~" Coral Gables, Florida 33143 ` 2. 2737-17=300022 Claudia Aspen View, L. L. C. ~, 233,3 Ponce de Leon Blvd, Suite 600 Miami, Florida 3~13~-"~18 ` 3. 2737-17-4307038 ` _- Van Straaten Trust u 315 West"70th Street, #14E '' '" New York, New York 10023` "" "" ° ` 4. 2737-17-400851 - Bureau of Land Management °"' S062~"I=lghway 6 and 24 .. Glenwood Springs, Colorado 81601 +""~ 5. 2737-20-200856 North Star Preserve ~_ Pltkin County , . ,. *~ ...:530 East Main Street, Suite 302 Aspen, CO 81611 6. District Ranger TNhite River National Forest ,_ ,. 806 West`Hallain Street ~, Aspen;: Colorado 8161T .... _ 7 _ , Colorado Department of Highways ' Mate of Colorado . , 4201 East Arkansas Avenue .Denver, Colorado 80222 ~"" ', , __;_ ~. ~,: >. _: r ,; i ~, ~, t ; ~k~ M ~~ ~, ~T ~. EXHIBIT B. Engineering Report. Schmueser Gordon Meyer, Engineers and Surveyors ey++a {~'• ~, i ~. } &t.. y 1I+! 9'i _. ,,. .__ .. ,. :. ,.. ..~ ~..,~. ...nn s~'~.,i ..., ...s _k:;•,.~1 an:„~ :.=~'.wF$Fi!~kl.~..:d°,~7F'1~irr:e~xC ~'.n ~~'k~!.~tz. t~«~`°~'~ November 9, 1999 Mr. Joe Wells JOSEPH WELLS LAND PLANNING „ . .,~` r . ~m i ~ L. _~., 602 Midland Park Place Aspen, CO. 81611 RE: Aleexander Anderson LLC Property 1041 Submisston Encuneenna Report ._.,.,.~, ,. ....,. ....~..... ,s m. ~..~«,.~.:a~~r'+ mu. a N r , k:4.. ~. z. .a. ,? N'i~ 4 ,',mw .r.,±, ... ,,. ~ ~. Dear Joe: I have completed a utility and engineering analysis of the Alexander P. Anderson, LLC .property located east of the Northstar Preserve outside of Aspen on Highway 82 in Pitkm County My comments are based on our discussions' dtscussiions with represen"~attves of the releven't uttlttieas, ... .r.r inY.a~r. ....m .'.. 4 .nww.ne ... ~.. ~. . .. .. .. , r ~.: ~ a review of available mapping. and site visits to the property. • g g 9 in County for the proposed I offer the followm commentspe ardin a 1041 Submission to Prt development of the, Anderson arcel with a new; residence: 1 ~ Introduction The Anderson parcel is located on Colorado State_ Highway 82 approximately 0 5 miles southeast d' tY' P p P the Northstar of the Ci of As en. l'he ro erty comprises about #2.247 acres #o ~ he east of r, ~ ,, Preserve and is currently undeveloped. The development ~rdposal is to construct a single family residence, caretaker unit and. permitted accessory buildings on a site within a defined building envelope to the east of the, highway and the Roaring Fork River. Water Suaaiv Water supply to the new residences will be provided via an tridtvidua 's sell Development of the parcel would require drilling a hew welt for water supply which would be'Itmded"to in house„ , use only due to the size of the property. Given the relative loca#ion,of the proposed building. envelope at the base of the Hill to the north, a l'rft pump and small' on site pressurized storage tank will ;be required to deliver ads uateµ~ eak flows to tfie new„tidme, I would also anticipate ., q p ~ ~>., ~ r: that the Fire Marshal will require installation of a sprinkles system in any home on this property due to its.dtstance from the Aspen Fire Station.. On-site storage Vvould, in this circumstance, _ need to be sized to„handle adequate flow delivery. .~ _ _ 118 West 6th, Suite 200 • Glenwood Springs, Colorado • (970) 945-1004 -- ,_- ____,_,., .,m ... .._ A ~,~ G.~ ,;, Viz. ~w Es ~~ F ,: r: . , .., ~ ~- S^'F r. November 9, 1999 Mr. Joe Wells Page 2 Wastewater Disposal ~n-site wastewater disposal will be via a conventlonai leachfiefd s~tert"f located in the`on-site caum. 'Percolation rates are likely high to verq high due to the~rocky arature of area soils but p Y g y q' y tiPn or consideration of a a otentiall shallow roundwater surtace ma re u~re careful loca mound-type disposal system. Location of an on-site s stem that res ects ade uate setbacks y y s#em furl from an nearb water fpeatpurertsy may aiso_su agesfepcatesgwill beDeasy her to the south or southwest within the roe and building envefo e.' 5udable on sete Wastewater disposal that avoids contammatwn of the aver and area w t ibla for a new homesde at i .. .,. •. ur: ,w +'nw., ~, sa+:mw,tin!: aP~* rr,.,k;t"tsw a s, e. rc~.E.i~ ,:: .w iha..~,:~, n. d.. t i the Anderson property Site specific percolation #estmg and design wifl be rieedetl for the site prior to building permit Given the limited area. available_f~o~r~the bu~idmg envelope on the property early consideration of _the relative Locations of the well and ~SSDS would be appropriate _~.. ~ m.. to avoid any setback conflicts Generally, the well sliou(c~` be ~o~ca#ed as far upgradienf (northeast) as possible within the accessible site and the ISDS located downgradient (southwest) of the home, toward the highway side of the envelope. It would"pro~a"~ly be `heljifu# `to seejC a general approval to locate the .ISDS and'vvell outside the defined building envelope to maintain. r as much flexibility as possible in their ultimate locations Electric Service I have spoken on several occasions with Mr Jeff Franke, field engineer for Holy Cross Energy, q ~„ the rural electric cooperative that serves the_area en whic thel~nde~rson property is located. Jeff confirms that primary electric service up the Roaring Fork River corridor currently ruris"adjacent to the site. with an oyerhead line Jeff believes that the current primary line has a "blanket" Type easement where the line encroaches onto the'property``tYiaf was g'~'ari#ed some years ago by a previous owner when the overhead lines were installed. ~ ~ ~ { Capaci p~s; available. on the primary linerfor axtens%n of sen~ce to the, proposed homesite. No other u rades to the existin s stem.wou(dTie te' wired to serve ttie new home., Phone Service Phone service to the site is currently provided. by an underground primary along Highway 82. .. .r ,----- ._.~_ _._ Miscellaneous Utilities Gas service currently extends up the Highway 82 corridor and_ends at the Difficult Campground. • "' ~~ ds much closer to Aspen in Gas~servrce is available Yo"~ tTiis sed home. Cable TV en GOHDON MEYEq, INC. :~ 4,~ EXHIBIT C. Geologic Analysis. ~, x; , 4_ , Nicholas Lampiris, Ph. D., r , .. Consulting Geologist r -, z' ~,_ ~, ~: ~, ~. Nicholas Lampiris; Ph.b. °' ~ CONSULYINGGEOLOGIST p+n P.O. BOX 2 SILT, COLORADO 81652 ~~ Phone /Fax (970) 876-5400 f2a HOUPS) ~~ ~ ~ ~' sR. - ', '! March 26, 1998. ' Alexander P. Anderson, L. L. C. RE: Part of Government Lot 13, Southeast of Aspen n { Dear Sir• 4 :.e I have completed my investigation of the property you have proposed to purchase: The lot is ~rre Marl sha ed at the base of Smu ler Mountain, northeast of the Roa ~"' , . ,~ g . Y P g$ ring Fork Itrver about 1/2 mile southeast of the Town of As en. The ro ert ~s mostl ste he Aspen 7 i/2 min to I uadran le ePitkin Country Coloradost side of Highway 82 within tep with a 4 g ~ .. Y~.,., ''" he referred envelo a lies, as shown on our ma s on they gently southwest. dipping P P Y P~ dope covered with aspen tries` and some conifers on a portion of the fan.. There is a small ,. ~"' istnbq"ta'~"`"s"f"r"i;~"hssociated with the alluvial fan running through the adjacent property to the east. There are some levees of former de~iris flows within the building . t ~....~,~,... Nh ,~.~x>,../: .. ..~~.. envelope. Large granitic bouid m tee w m the aeo's. .,, The geology of the site consists of a debris fan grading into noripal colluyial deposits to ' the west. The material within this fan is typically poorly sorted, crudely stratified silts, bonl'de_r ~. ~~,,~,,,~ , h deposits oflthe~Older Roar "`Cis material may overhe alluvial and lacustrme (lake) ring Ford River zThe bedrock beneath the site is the Precambrian age quartz nonzonite formed from a_ magma approximately 3:4 liil~ion~years ago. The geologic map of the Aspen quadrangle by Bruce Bryant (1971) shows adip-slip ?"' fault traversing the valley in the vicinity of this parcel; howecr, the fault is shown as a _ guessed' to in this„area because -ts position..beneath..the surficial deposits can only be s This fault is one of many in the area that is milhons of years old, and therefore. inactive. ° There is no evidence at the site or in this portion of the valley of any acfive faulting. .+ Nevertheless t"~ie "o "''slYaie'~ni Y ' o he'spec"ificat~ii~fis'ia the Uniform Building Code """ for Seismic Zdn'e II: u , rte," The debris fan is of eolo is coacera and its otential hazards'., must be mitigated early in the construction phase. There are no avalan he oi"""Skfall_hazards associated, with the¢, '~ V 4 ..^ site, eventhough there is a steep hillside to' tlt~ rtorfled'~t. 'Ijhere is tie possi~hty o'f a high ground water "table in the area and alluvial fan deposits typically are subject to ,,,, hydrocompaction, which is the property of a rapidly deposited material to settle, in the - ' presenCi' of wafer, when subjected to loads. ,,,F ..»-;„eY .mow mi ,as'aw.~ .x a.. .~w u..,1.,.w.ualexatiws.'~5r3rrxss xS:.bNmwi.~: TSa~,,m@ .. _ .: . , ; . ~, u ~ ~- i , :. t. , r~ „~ -'i __ 2: The potential for hydrocompactton can be easily mitigated 6y propet soils en ineerin techm ues a"t'tlie §ites"" ~ific revel to insure a correct foundation ~esign. _ g g ~9.. P~ 3: Any snow sliding will be restriMed to the. uppermost portions. of the envelope as shown, and will, not effecf the home due to the mitig~hon to be put into place for the .,.,,....~.~,.~.y,,,«~r.~~,....m.~,~~w.ws~:.,~.m .~ _ .,.....,.. y.. debris flows, - ., , , ,,_ ,.. 4: The home can be either placed at least 20 feet from the b~se,of thesteb"~s"Cope; dr the fo'tP+ndation wall can.be extended 6 fe"e"l''abo~'e glrade and contain no openings to that height. The wall should IS~"d"esigned to of sire°u of ~s`""p''~1'~l°e foo~"f`o withstand potential honzontal farces. This will allow the home to be placed at the base ,.4„.r tw.etie: aj ~'•"~' Y~x' w6 tiX~«ow. ..~. ,_ c~C variance turn the highway may- be of the hillside, but not cut mt6 it. `~ setlia '~~ ~~,h: i ~ ' necessary. Access to the site is not resentl m lace but can be attained'withm the ro a ghrthe limits'to the site. I'otabTe wa~r$for d®mesh„~c nsewiTl*be_a~va~lalileth ou~g a weu system n. recommendations because of the po may also be required. In conclusion, it is my opinion that, fan, the potential hazards can be_i followed. In addition, fhe home accumulation of radon gas, as thin further questions, please contact me, ~r should tie consulted for groornd watei•`table. A ci be envelope does lie within it engineer ~onsfructed So as to manimiz~ procedure in' the State. If ther -~gcer !~ ~a vial are the ~, are My recommendations are ss follows: Q... ~~:,a k.~ ~:, a: ,, EXHIBIT D. Draft Occupancy Deed Restriction for the Caretaker Unit. ®. ~.: a,. 4 ,: , , - ~ . 1- OCCU] k..... ,.J -.~p ed into this _ day of , 200 Hby~and b tween ALEXANDfiR P: ANDERSON, L.L.C.(hereinafter referred to as ~ "Owner") whose address i§ c/o Joseph E. Edwards, III; Hill Edwards Edwards Adkisson LLC, 502 Main Street, Suite 201, Carbondale, Colorado 81623 and the; , ASPEN/PITKIN COUNTY HOUSING AUTHORITY, a multi jurisdictional housing ~ authority established pursuant to the Amended and T2estated Intergovernmen#al Agreement recorded in Book 605 at Page 751 of the records o~ die Pitkin County Clerk and Recorder's Office (hereinafter referred to as "Authority"). ~; _ .~ WITNESSE'I'H: , WHEREAS, Owner owns real property more specifically described as a metes & `~ bounds parcel situate in Lot 13, Section 17; Township 10 South, Range 84 West of the 6th • f the P. M., according to the Deed recorded at Reception No. 416010 of the records o Pitlcin County Clerk and Recorder s Office Real Pro er which Real Pro city may ~ g ( °) q 'ch is contain a caretaker dwellin umt the Unit( of net livable s uare feet wlu attached or detached from the principal residence, as approved pursuant to Section 3- 150-030 of the Pitkin County Land Use Code. For purposes of this Agreement, the Unit, ~~ ~~ d ~ therewith shall here nafter be referred to as he P operty narivctures associated ~. WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the use and occupancy of the Unit to employees of Pitkin County and their families who meet the definition of employee/resident under'the guidelines established and indexed by the Authonty on an annual basis in the event'that the Unit is rented. NOW, THEREFORE, in consideration of the mutual promises and obligations ` ,~ contain2d herein, Owner hereby covenants and agrees as follows: 1. The floor area of the caretaker unit shall be included in the total allowed floor w, urea for the parcel - O p g p for each bedroom within. 2. One loff-street arkn s ace shall be maintame ,_ _,~. the principal residence and the Unit. - 3. Owner shall not be required to rent the Unit, however, when rented, written verification of employment of persons proposed to reside in'the Unit shall be °"" completed and filed with the Authority by the Owner prior to occupancy _ thereof, and must be found to be in compliance with the. Authority's guidelines in effect at the time. .,. 4. The square footage of the Unit shall not exceed the maximum square footage applicable to caretaker units at the time of issuance of the buili`irig permit or 700 w ... .u~~~ w„ , . ,.,.,.; a~ ..k !?~4 M? ~.^ meq i en w .w,ar„. a..: a, ..c -,., .,-... ...->bw I v ~. sq.ft., in the event that caretaker units are no longer permitted at the time of issuance of the building permit. 5. The Unit shall not be sold or otherwise conveyed or separated from the original parcef'regardless ~of tie ul"tiiate form of ownership of the caretaker Unit. 6. In the event that the Unit is rented, occupancy of the Unit shall be limited to no more than two (2) adults and related children; who qualify as (and have been v..._~ found by the Housing Authority to be) employees of Pitkin County'under such guidelines as maybe from time to time established by said Authority. Owner lips olwn select oght to choose for occupanty of the YJnit a "qualified resident" of Y ~' P .rental teerm of not less than six (6) consecuti e of the Unit shall provide for a months. A copy of the lease agreement shall be supplied to the Authority by owner within ten (10) days of approval of the employee(s) for the Unit. 8. The Unit maybe occupied by members of the immediate family even though they may not qualify as employee(s) of the Couxiry. "immediate family" shall ritean a person related byblood or marriage which is a first cousin (qr closer .relative) and his or her children. ~'° 9. The caretaker unit restriction may be removed by Owner upon approval of ' ~ the Community bevelopment TS irector, subject to the requirement that the Unit is removed or modified. If modified, the remaining improvements must be no ~ ned in the Pitkin County g P P ~' ~ g wi un Land Use Code and must meet other se a licable co pp' de requremenfs. ~ ts u t of and hall b e ~ t o a ~e~ specifi lly en rceab e by the Authorit Boa d Coun Y , , Y~ ry Commissioners of Pitkin County, Colorado, and their respective successors, as applicable, by any appropriate legal action including; but not limited to, injunction, abatement, or eviction of non-qualified tenants. n ~+ ~. 2 _ ~ ~ .. „,u ~. ..nx,n Yy, .as n, ,~,, wam" *NYm[ "~.xA~tc3$&4 ,. , , ,... a:, .'. rc+'niv, ..._ .., ..a d, ~ .. .».~.~wy7:~.x;em .tea ywa'~»a;c.+w^--tee w, ro„ i rr,hv.Qmv` is i. a.. IN WITNESS WHEREOF, the parties hereto have executed this instrument on this day and year above first written. OWNER: Alexander P. Anderson, L.L.C. Mailing Address: c/o Joseph E. Edwards, III Hill Edwards Edwards & Adkisson L.L.C. 502 Main Street, Suite 201 Carbondale, Colorado 81623 STATE OF COLORADO ss COUNTY OF The foregoing instrument was acknowledged before me this _day of _ 200 by Alexander P. Anderson, L.L:C. WITNESS my hand and official seal. My commission expires: I Notary Public 3 ~„ 5 ~.. .. n ACCEPTANCE BY THE HOUSING AUTHORITY . ,~ ,n~ ....~,_~„~ ~ .,~.~,.~. „~e~~,v .~ ._~., ~ ~.. ~ . ,. w ..:.~.-_ The foregoing instrument and its terms are accepted by the Aspen/Pitkin County Housing Authority. ASPEN/PITTQN COUNTY HOUSING AUTHORITY By: `, ;Chairperson ailin Addr n Notary `Public APPROVED AS TO CONSENT: M g ess. - Aspen; Colorado 8161T ` STATE CAF COLORADO _ ) ss COUNTY OF PITIQN _ ) The foregoing instrument was acknowledged before me this day _ of ,200 by ,Chairperson of the Aspen/Pitkui County Housing Authority. .. . . WITNESS my hand and official seal. My commission expires: Attorney for the A/PCHA_ 4 i,.~., NOTE TO FILE Date: April 10, 2001 ;. Tamara Pregl From RE: Alexander Anderson 1041 Hazard Review approval (Resolution No, 19-2000) Condition No. 12 of Resolution No. 19-2000, is suppose to refer to the development envelope for .. the septic system instead of the building envelope. The development envelope for underground improvements such as a septic system is referred to in Recital No. 1. The cdndition should read, "Prior to the issuance of any building permits, the Appdicant shall obtain. a septic permit from the Environmental Health Department. Alrsewage disposal systems must ~. ~ Y S e, ._ ~ f.<, g).s:; ~_ p g p Y be desi ed b are zstered ro esszon en zneer. Sewa e dis orals stem shall be located withih the a roved development not buildin envelo e. ~'~1 ~ ~..02. ~vo,~, ~ Lv..,~ce C10.~ke CUn ~~~v..-. x'13 OCS ~.c~,...~2'C~lwu~'V.~~w. NO, l~-1W0 '3GVS ~ G. w.aXi.+ni.w. ~rr YC S~uc,.vxc~w~e of `~557~' ~ ~ ~.iS 'tS a $c~~vt~.e~SZVwJ, Zl: S\••c.,.\cl ~~ ., ~-.~ ~ ,. w ._~,,.a _ ~;. ~ ~. ,., . y Joseph lr~eits Land Planning 602 Midland 3"arlc Place FLspen, Colorado S'1671 Phone: 970.925.808(3 FacsimiYe: 970.920.4378 e-mail Addaess; evellsaspea~aol.com October ~, Z~ I.aiYCe Clarke' Assiskant Director, Pitkin County Community Development Dept. 130 South Galena Street <~,spen, Colorado 81611 Band Delivered Dear Laiace: As we discussed, I am forwarding the mylars documenting the Alexander P. Anderson 1041 Hazard Review approval (Hearing Officer Resolution 14-2000, attached). Tauara cmildn't fixed anything to indicate that a site plan had been recorded for the property. She suggested that I bring the mylaxs in for recording. I kept the mylars with all of my current project drawings, but kept putting off dealing with them furkher. As I mentioned, if it would be helpful to you if we pay Tamara for some consultarAt time to check the dra:arings far cotaformance with the prior approval; I°m sure that the owner wooed be happp to do that.. Let me know if you have oilier thoughts to facilitate getting These recorded. Sy the way, an reviewing the I~earixig Officer resolution, I noted far the first time that there is a typo in condition 23 with regard to the atlawed square foatage. T"he condition refers to a maximum o£ "5;5x0`° sq. #t_, rather than 5,750 sq. ft. SrVould it be appropriate to re-record khis page with the correct Figure? i .,.... .... «~.-~..y r., µ,m s;.n. .x~cw,-... g.. .. my i 4.axr4.;d ..,tti" Rb k.v o.A+.ra,~k "T"hanks for your assistance. i _ v .. ,... .:,~:. .::. .. Y• a...., ,... , i , ,. i... ASPENJPITKIN_ COMMUNITY DEVELOPMENT DEPARTMENT ,.. . _ , ..,..,.. w.M.~i _..,.~.,. ~s ~,,~ ~;,:. .,... .~_ , ~ ..,. vw a., a...... .. e y .. a 130 Sout~i a_.ena Street Aspen, Colorado 81611,,.. Phone (970).920-5090 FAX (970) 920-5439 MEMORANDUM TO: Attorney Zoning Engineer -Flat Fee. Aspen Fire CSFS Wildlife Biologist DOW FROM : Tamara Pre 1, Cornmuni Develo ment De artmerit $ ty P p LC 1041 Hazard Review, ConceptuaTSubmission, RE; Scenic Overlad&sCDU"~.... , ~m....,,~t ~,~~~,, ~~~ ~,_ ~ ,-. Y 2737-173-00-010 P47-00 DATE: April 10, 2000 Attached for your review and comments are materials for an;application by Alexander Anderson pp y Pitkin County Hearing Officer on June 20, 2000. This a lication will be revrewed b the w . Please return your comments to me n+n later than June 2, 2000. PLEASE RETUT2N APPLTCATIONyMATEffiALS TO COMMUNITY,DEVELOP,MENT _ -_., IF YOUHAVE NO FURTHER NEED OF THEM. Thank you. -~ Aspen, Colorado 8161,1.. (970) 920-5090 FAX# (970) 920-5439 April 10, 2000 Joe Wells 602 Midland Park Place. Aspen, CO 81,E11 TMENT Re: Alexander. Anderson LLC 1041 Hazard Review, Conceptual Submission, Scenic Overlay & CDU P47-0~ .__ Dear Joe, 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 submrttal mformanon, additional information specific to the application ma be re uested m order to ade uatel review and process the a lication. 1`he Tanner m char e of the revrew wifT request the mforgatton fro ~ k~3 ,n_u~_ ~ .K. pp p g m you directly. We have scheduled this application for review. at a public hearing by the Pitkin County Hearing Officer on Tuesday, June 20, 2000 at a meeting to begin at 3:00 p:m. in the Commissioners Meeting Room in Ptkin County Courthouse. Should this date be mconvement for you please contact me within 3 working days of ...., _. - the date of this letter. After that the agenda date will be gonsidered final and changes to the schedule or tabling of the application v~nll only be allowed for unavoidable techmcal problems. The Friday before the meeting date, we will calLto inform you that a copy of the memo pertaining to the application is available at the Planning Office. '' We have forwarded a copy of this application to the Colorado State Forest Service for referral comments._ ~ k ~: .. V -. _..-. Please contact them directly at (970) 248-73°25 to arrange fox payment of their fees. Comments will not be released until paymerit is received. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days owners at least, 30 daand remove it within one week a~ter) and to mail notice to all. adjacent grope"rty prior to the heanrg (, s prior to the hearing with the return address of the4Community Development p ( py from the Community Development Department). The names De arhnent eo of notice to be obtained and' addresses; shall be those on the current tax reco~rdsof PYtki~n,County as they appeared no more than 60, days prior to the date of the public hearing. Please submit the enclosed .~'ida~it~ of`1Votice by Posting & u Y Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Tamara Pregl, the planner assigned to your case, at 920-5.103. Sincerely, TenleyTaylor; Administrative Assistant _., ..,..~;,.... ...».w ~, .,.~. , .<.<<.~~o-~+~.~*~iem~.~~r~~,~~.~r~~xrra,wk~e~3 rxi?`~~~?. ~ ~5a~i~`" t' ~~. ~. _ PITKIN:COUNTY (hereinafter COUNTY) and ~ o ~ LAG GREE AS 1~OLL®WS (hereinafter APPLICANT) A ;; 1. (hereinafter, THE PROJECT). 2, APPLICANT under: No. 95-226 establishes. a fee. strut all processing fees is a condit< completeness. application f®r. ?u/~il/S that Pitkin County Resolution applications and the payment of a determination of` application' 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, COUNof the costs myolved in processing the .application. APPLICANT and TY further agree that it is iri._ the rinterest of the parties to allow APPLICANT to make payment" of an ~ ,rtutial deposit and to thereafter permit additional costs to be billed to APPLICANT on_ a monthly basis APPLICANT, . additional payments upon notift ation by"the COtUNTYhw~henuthey are n cessary as' costs are Incurred , aCOUNTY` agrees 'it will be benefited through the greater ' ty of recovering its full costs to process APPLICANT'S application. certain 4. COUNTY and APPLICANT further agree that it is impracticable for, COUNTY staff ao complete processmg or present sufficient information to the m,..~ Planning Conunssion and/or hoard of County Commissioners to enable the, Planning Commission and/or Board of County Commissioners to make legally ....~ w ._ ,.> ~..m. required fmdings for project approval, unless current billings are paid in full prior to decision. _-,-.-..,.....,~.~...~.~.~^®-s^s. ..., .: .. ..:..:. .. .: ra~:. a .®>_ a x a.: _ . ~.. ~s:; ~uw e. d,.m ~:.a ~?'.rc ~ Jos,~...:.;an i~?~: sa.>~.~sl~ K . ,: ~• _ ,. - ~. 5. Therefore, APPLICANT agrees That in consideration of the COUNTY s waiver of its n t to collect full fees nor to a determination of application completeness, APPLICANT shall pay an~initial deposit in the: amount of $ which is for _ hours of Planning staff time, and if actual recorded costs ', exceed the initial deposit, APPLICANT shall pay additional monthly brings 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 b~Iing date. APPLICANT furCher~agrees that failure to pay such accrued costs shall be ounds for sus erasion of rocessing. P P PITKIN COUNTY "~ Cindy Houben; Community Development Director APPLICANT..,..,. nj~ (.LC ~~~~R P ,~ ~~, t~OSePI~ E ~cr~Ja.^c~5~ _~ a ants Signs re Date: _ ~ ~ U~? Mailing Address: 2 -- ~. , _... .. . E~xr k , .. ~. r '4 ~r ~ a r ~ ~ 12 ~~Rf9 HILL EDWAFDS NO r 4 P ~ ` 0_.T.1F._6~ ,. ,. ,,,,„.~ +mw.ami'ix;r'.d.- s+a«x~-t%=f'~s3 fiv4':Sik"m.?;n+r'^~~" 4 ' .., .{..~ ~ i° ,., ;...., t ,~v ,:,, {, .-- a,9 Page:'1 °f 2 ~~ ((~~11111Illlll~~lll~l~l~lll~l~li~~l~(f ~I~( 4 1 4:J I ~ 1~ZJ~ ~~~ °~~ A' SILVIR DRVIS PITiCIN~COt1NTV C6 ~~" "' " R 31~. ~'0 ~µ~t1~ 0.0m '~" ~""' ~ 1 ' .. ~, y~ _ rx ,.. ..... + '1 PC!'f(IER OF :~TTORNEI' BE IT KNOWN, that I, Pau] Chesley, as Manager of Alexandez P. Anderson, LLC, a Colorado limped liability co7npany Hereby appoint 7osepli E Lrdwards' TR, of Garfield County, Colorado, my true"end lawful a`ttoYn~q ~n £act;pwith"fiilTp'ovver'b'f`substitution, hereby granting him full power and. authority forme and in my'stead to da the fo114wing: p the property descrl`bz=;3 as follows: To complete the urchase of A tract of land situate m Lot 1~3, Section 17 Toarnship 10 Sdutli; 12azrge 84 Nest , M .. a,:. of the 6tfi ~incipa1113endian being more particuIaxly described as follows: Beginning at the south Ik cottser bf said Section 17 thence N 01°27'38 E 412 83 .. , feet along the east line of satc~"7~ot f 3 (the north south eenterluie of 5ectzori Y'~ as ~ ' definedhy 1978 Bureau of Land 1Vianagemerrt survey}, thence N 1°27~3~8'"~~ 886.13 along the east lone of Bald Lot 13 to the northeast c thence S 89°35' 11" W 1035.43 feet aion the"north e a' orner of sand Lot 3'3, g a~~ 13 to a`brass '" cap set for the wttne'sS corder'to-the northwest corner of said. Lot 13 the northeast m. nNesTM?sK+,ae~»~i. aa..w-s.-ww+a s.'s xswws.ndsw vaa._t .. corner of a tract of land descried lrl Book 356 at page 3 of the records o~`#~lie Clerk and Recorder bf Pttl.tn County, Colorado; tfi%nce'S 0°09'00" ,W 124.29 feet ~: along the east line of, said tract descn'bed ul Book 3~6 at Page 345 to the north iglit=of-way line of Colorado State Highway 1Vo. $2 as nne~" m $oo'~ 174 at , T'age 474 of said Pitktn County records; thence along said right-of-way line the . following courses: S 70°57'45" E 43.27 feet thence 240 90 feet along the arc of ....Wk ~..... .~ ,.._ a curve to the right,liaving a radius of 623.00 feet, a centra4 angle of 2'2°~'9~ 1'7'x', ""and subtending a chord bearing S 59°S~'67" E 239 40 feet; thence S 48448'45" ~ 301.50 feet; thence 290:7b feet ;along the arc of a curve tb the right, having a radius of 336.50 feet, a central angle of 49030'2$";`and subtending a chord bearing S ~4°03'31" E X81 8D feet, thence 5 14°1'40' V~`34 (SO feef, thence leaving said right-of-way hne on'a'cotYrse ~bearing'N `'90°00'00" E 404.52 feet along tYie notch line of a tract of land, descnbeil m BooIC 265 at Page 4116 of said Pitkln County records to the northeast,cornerwof satcl tract of land; thence S 0°00'00" E 165.36 feet along the east line of said tract of land cTescnbed rn ~oolc`'2n5 at page 4b6 also ' ° f , _u M ectton 17etn sald.Book 265 at Page 40b; described as the north south cente Ime of S ~~ ~. ~~ ~ ~ r ~" act of ~ancl descn`bed thence N 64 40 OQ E 80 i? feet along die nortl'i line o~"a tr in Book'414 at Page 9'73 of said Pitkin Coun reoords to the point of beginning, ' p ", 12.449 acres more or less ("Property}; said excel contains . , s , ;. to accept deeds therefor; to tender the purchase price thereof; to obtain insurance therefor; to ,pay closing costs; to authorize and conduct inspections thereof; and deliver any and all instntments and to do and perform any and all acts' which'in his judgment are necessary, convenient, or expedient in the execution of the powers hereby gt'auted, as fuIly as I might do if personally present-. ^970 963 °131 P62 1.C-16-82 1©'^0 TOiCOLDWELL..BANKERA6PETd_r _,.. FR01T,,,„,.r. .L.,,,....,.A .,.:.. .. .w..,..,;.:> .... .,,,,.s...x.x~'t.Ja ,"x.,,..Tr x,awei,~.se ,. , ,, ,. u ., „ !JCT.lE.2~92 12J:35~Yf^ uri.~ ~TMCibrnc '. , ... Nn.~~4 P.7 This. Povuer of p remain'in full force and f revoked in writing and tt of suchreoocation. luny or substitutes, in full ri lativ of 1998. IC or incapacity, but shall death or until: expressly nq death or, in writing, July-appointed su`~sfitu eenri"re~ok~d upon `tlie part hereof or by a facsimile of a szgnect cbunte~5itt hereof. 7 his Pawer,of Attorney is ~d in Colorado and shall be construed, administered and governed in accordance with the Elle State of Colorado without regard to p=sslciples of conflicts of laws.. _. ~_ , IN WITNESS WHEREOF, T have hereunto set my hariti and'seal this 22. day of April, subscribed, sworn to and acknowle Chesley, as Tvlanagei• of t~lezand"er ~: Az"v Witness my hand and official; seal. My con?missor. A-~~^~~- chcslcy~~2posAl 'e me this _~-day of April, 199$, by Paul ,C, a t~olorado`~irimted liab"iiiiy'company. 4. CARMICFL4EL, , IMR561~N EXl~ll~~ 1x22-obi'" . ~. ~~ , . ... ,,,.- x° ~ ~~ , a,~_. LPL ll~~~dn~ Otary Pll~e i 10-16-02 10:31 T'O: COLDWELL BANKER RSPEN ~' ~ ~F~R'0'13.9'~'6''3 „1~1 p0:3 .. County of Pitkin } t1FFID~IVIT OF NOTICE & } SS, tVLAILING PURSUAi~tT TO State of Colorado } PITKIN CO[TNTY LAi~iD USE / CODE SECTION x-90 C~IJ,S !~j ~~.jCc~hQ'tiY ,being or representing an I. Applicant to the Pitkin County Development Permit, personally certify that 1 have complied with the public notice requirements pursuant to Section ~-90 of the Pitkin County Land Use Regulations in the following manner: ro~ By mailing of notice, a copy of which is attached hereto, by first-class. postage prepaid U.S. Ylail at least 30 days prior to the public hearing to all owners of propem• adjacent to the subject property, as indicated on the attached list, on the _ day of .199_ (which is _ days prior to the public. hearing date of _~. The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. ?. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that said sign was posted and visible continuously from ~d 2oao ~; the day of ~~'f'- . ~9~to the ~ day of J~tie .~~* (ti'lust be posted for at least fifteen (l~) full days before the hearing date). A photograph of the S afore Signed before me this / day of WITNE5S ~fY 3 pasted sign is attached hereto. 3: . ~:_.._ _ ,.. ~ ,y i' rv _.... m~ "A. L ~ . .. u... i e ~,.. .. ... .. ,. n~ :.. i _ i CERTIFTCAT)F Off' MAILING ~.~ I hereby certify that on this' 1$th day of May, 2000, a true and correct co py of the attached Notice of Public Hearing was deposited in the YJnited States mail, first class postage prepaid, to the adjacent property owners as indicated on the attached Iisf'of adjacent property owners which was Public N`oticee Aspen/Pitkin Planning Office by the applicant in regard to the case named on the - .ii' '} M rv a vfl ~• ... . ...:. C.s"F v w i -~'1 sR`~wM: w.x`..+mxe:amykn~'¢M'FegT.:HFt';M' (Gti~1RM1tvxn'Me.?"'YwM~E#'MPoN.bIL4¢3.N z ~~ _7 of .,~ ;~.~ +- ' Exhibit: A4. ' P ~ , _ Ownerslu of Adjacent Parcels as Shown in the Current Records of the Pitkm County Assessor: "- 1. 2737-17-300011 ~~~; t Andi Ranch, L.L. C. 1 ., ars,~e*~ , ..:,9- ,. .. ~... rv , ~ ._..+„ ~,.~ ..-,. ~,- >. Coral Gab esCFlon'`~a J3T4".i ~~ 2. 2737-17-300022 " `- Claudia Aspen View, L. L. C. . 2333 Ponce de Leon Blvd, Suite 600 Miami, Florida 33134-5418.,,.' ~ , 3. 2737-17-4307038 Van Straaten Trust ' 315 West 70th StreeE, #14E New York, New Yoik`~ btj2~"' ., r - ..... ... ~ , ,.rv ~ r , .:<~ ., .. ~ .. 4. 2737-17-400851 ' Bureau of Land Management 5Q629 Highway 6 and 24 Glenwood Springs, Colorado 81601 ' 5. 2737-20-200856 . _ .._ , . :.. ;, North Star Preserve. PitTdii Cour<ty - 530 EastMain Street, Suite 302 `" ` '' Aspen, CO 81611 , , _ ' 6. District Ranger White River National Forest 80'6 West Hallam ~"treef W,' ~ ' ' Aspen, Colorado $fG'il 7. Colorado Department of Highways ` ~ ' ' " ` '~ ° ,.' ~~ State of Colorado 4201 East ArTcansas' Avenue i Denver, Colorado SQ222 ~ _, . , i BY G that a public hearing will lie held on Tuesday, June 20, 2000 at a meeting to begin at 3:OOpm or as soon thereafter as the conduct of business. allows, before the Pitkin County Hearing Officer, Commissioners Meeting Room, 506 East Main Street, Aspen to,A PP fitted by Alexander P,: Anilersoti, LLC retluesting 1041 Hazard Review Scenic Review and caretaker dwellingaunit s~ Special Review approval to construct a single family residence and a property is located southeast of the Aspen city limits on State Highway 82 directly across from the North Star Nature preserve and is described as a tract of land situated in Lot 13 Section 17 information contact Tamara P Township 10 South, Range 84 West of the 6`" PM. For further re 1 at the As en/Pitkin Communi De 920-5103, $ _ P ty velopment Department, (970) s/Lance Clarke - 2x21, 2000 • The PUBLIC NOTICE - CITY OF ASPEN PUBLIC AUCTION IN CONFORMITY WITH SECTION 24.08.060 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN; AND UNDER THE ' AUTHORIZATION OF THE COLORADO REVISED STATUTES 1973, SECTION 42-0-1103 AS AMENDED, A PUBLIC AUCTION-'OF THE FOLLOWING IMPOUNDED MOTOR VEHICLES AND USED TIRES WILL BE HELD ON SATURDAY. MAY 20. 2000. AT THE' COUNTY DUMP (NINE MILES WEST OF ASPEN OFF HIGHWAY 82). ~ THE MAIN GATE OPENS AT 9 A.M. FOR INSPECTION OF VEHICLES,. ,. PRIOR TO SALE. VEHICLES MAY NOT BE STARTED. WORKED ON OR CONTENTS REMOVED UNTIL THE OWNER HAS PAID FOR THE VEHICLE AND COMPLETED THE PAPERWORK AT THE CONCLUSION OF THE AUCTION. THE AUCTION BEGINS PROMPTLY AT 9:30 A.M. THE IMPOUND LOT"CLOSES AT 2:00 P:M.-COME PREPARED TO REMOVE VEHICLES BEFORE 2 P.M: Times 9-C' "' _IR311CN TICS`-~ ~ < ~' " D. - 74 ~' -'' ""'' "' PUBWC NOTICG •~~ , §. MF.NDF,D YOUARF.NOTIFIFD THAT THE. FOLLOWING PAGES' PURSUANT TO C R S ?7-92.302 , AS A Y ~ ~ COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE 03f{zRidV & SPEi?IhL REVICW FOR A CD (P47- WATER CLERK FOR WATCRDNISfON 5 bURiNG THE MONTH OF APRIL 2000 00) NOTICC IS HEREBY GIVEN that a pvhl c henrmg 2. OOCWM2 EAGLE COUNTY - RUEDr CREEK, FRYING PAN RfVFJl, ROARING FORK RNER Tom will be held ou Tuesday tune Zn. 21100 at a meet- Colec 154111 Fr to Pan Road Basalt, CO Rifi21 974927-0212, Jer Peters; 15335 F in Pan Road; Y g ry rY 8 ' ' InR N begin at 3:Wpm or as xorin theradter as /or Water RIgMs (Surface). Location: on RIfi21 974927-0R1A Ruedi [)itch -APplicdtlOn Basal[ CO the COnibmt n(business all~ws,bdorf the l'ilk(n the wesibnk of RUedl Creek in tract 37, Se<. i,T85., R.SSW, Gth P.M. atapolnt whence angle point Cm+rNy Hearing ORicea Commissioners Meeting R2 said tract 37 bears Nor1h32°19'19" West 1,175.32 feet. Appropriation; September 1994. Amount: Rni)m, 500 East Maln SGeeL Aspen [n annsidcr 'L.2 els, aboolute Use: nbn.consumptive for elec[rtc power (.3 pages) an application submitted lit' AlexanAer P. LLC requesting IOAl Hazard Review, Anderson 7 OOCWOA7 (NTCW/GA and 93C1V226) PITKIN CO(1NTY; APPWCATION TO MAKE ABSOLU'fE'A ' , Scenic RevmW and Special Reylew approval hz F,RNATNF. FOR FINDING OF REASONABLE. DILIGENCE. I. CONDI FIO(JAI. WATER RIGHT OR IN THE Al3 NAme and zddressaf applicant LPC GNf a ColoradoliMited partnersDip, c/o Mandalay Ranch,'1190 rnnstri¢t a single family residence and a earn taker dwelling unit. The Vroperty is IoCateA Mandalay Lane, Aspen, CO 81611; c/o Glenn E. Porzak, Poaak Browning & Bushong LLP. 929 Pearl southeast of thf Aspen city limits on State Street, Suite 300; 8puldeq CO 80302, (303) AA3L800. 2. Name pf structure: interspace Pipeline, First. f HlgnwaY 82 dlredly atrossYrom the North Star Enlargement. 3 Description of conditioml water right A. Decree: RulingrofReferee dated Oc[obe " NatvrePreserve andJS described as a tract nt. Water 22, 1987• az confirmed and approved by the Distrito Court in and for Water Dlvislon No. S (the land situated in Lot l3, Secion 17, Township FO Court"), State of Colorado, in Case No A7CW 164, on November 30. 1987, a portion of whkh was made Range Sd West of ttie 6th PM. .South absolute 4y decree of the Water Court in Case No. 93CW226. B. Location: The point of diversion is in , :For further information worse[ Tamara Pregl at the SWl/4 NWI/4 Section 9, T.~IO S. R: 85 W, of the 6th P:M at a point whence theNW Comer of the Aspen/Firkin Community Development Section 9 bears N 2° W. 2610 leer. C Source: Udnamed tributary of Owl Creek, tributary to the 'Roaring Fork River D. Appoprlation Dater 7uly 23,1987: E. Amount: 0.134 cfs. absolute and 0.053 cfs, Departmenh (970) 9245103: s/[,once Clarke enndiHOnaT. F Ilse: Irrlgatlon A.Uetailed ou[Ilne of work done to complete project and apply water Pitkin County Hearing Officer to beneficial use AR facilities necessary M divert the anhjert water right and apply it To a beneficial Published In The Aspen Times on May 20, 2000. use have Deen constructed. SpedOcally a catcDbasin with a filtration bay has been built from which water is pumped through two pipelines ro lirlgate 5pproximately 10 acres. During tM1e paz[ six years ` PUBLIC NOTICE" the hdl amqunt of the subject water righthas been Mneficially used for irrigation purposes. All of the NOTICE IS HF.12$BY GNEN THAT the Board foregoing work was necessary and required to apply the sublect water right to [he beneficial use for of County Commissioners, eta regular meeting which it w5s decreed. Wherefore, applicant requests that the Interspace Pipeline be made absolute on May 10, 2000and alter a dolt'-noticed pulil$ for an additional O.b53 <(s: ~Alternai(vely appCicanfreques[s tfiat the Court enter a finding of reason- hearing published in the WeekeriA Editon of the able dJtgebce with respecLto the b.053 cis currently conditional. (3 pages) Aspen Times on April 22, 2000, adopted the T¢I- ..lowing Ordinance a 0242000 _ I5. OOCW1155 PITKIN IRAN bEVEIAPMENT, LLC, a Colorado Ilmited'habllity comparry, c/o Star L. AN ORDINANCE Of TFIC BOARD OF COUNTY Waring, Esq: 3700 Arapahoe Avenue, Suite 400, Boulder, Colorado 80303, Telephone: (303) 447-3233 COMMISSIONERS OF PITKIN COUNTY, Cot. APPI:ICATION FOR CONDITIONAL WATERRIGHTAND FOR CHANGE OF WATER RiCHTS, IN THE ORAD(1 ACCEPTING THE GRANT OF AVIGATION ROARING FORK RNER AND WOODY CREEK: 2. INTRObUCT10N. Pitkin Iron DeveloDmenq LLC (here EASEMENT AGREEMENT FROM': THE CITY OF matter "Applicant"}-is the owner of [hePltkin Iron /River Ranch P.U.D. property (hereinafter "PUD ASPEN properly? which is locafed in Se<tton'8, Township 9 South, Range 85 West of the 6th P.M. in Pitkin Copies M the full text of Ordinance are . Crninty. Cnibraflo The PUD property Is rtepicted on the General locatlodmap• which Is attached available for public Inspection from R.30 to A'f0 hereto as Exhibit A and Inenrpomted herein. By this application. Applicant seeks approval of a in the Mllce of the Clerk and Recorder, 530 F,asC decree fora conditional water right mr the Nltkin Imo Pump and Pipeline and transferring a portion Main Street, Aspen, Colorado.8(611 Phone: 970- of Applicaht's Walthen DlfcFwater rigfits previously usetl within the River Ranch portion of fhe PUD 920SI80 - property tb the Pitkin Iron Pump and Pipeline for use on the Pitkin Iron portion of the PUD property .leandte Jones Y Y nn the other sloe of the Roaring Fork River as shown on the map which is attached hereto as Exhibio ge a portion of Applicant's Walthen DitcNwater rights described in Tattle 1, below, to allow THE FOLLOWING VEHICLES AND USED POLICE DEPARTMENT Times oo Ma 20 20one (65586) y he e h g is to be d+verted in the amounts described in Table 2, below, at the Pitkin Iron PumO anA TIRES WILL BE SOLD: ~ ~ PUBLIC NOTICE Pipeline (described in paragraph A below) as a new pointof diversion: 3.a. Walthen Ditch Is located ' ' ihxitis wcnoxauvxo.xooo ~/ NOTICE IS HEREBY CNEN TO TFIE GENERAL on the north bank of Woody Creek appmxiMately 3/4 of a mile Irom the mouth of Woody Creek at a n point 950 feet East and 150 feet South of the Northwest comer of the Northeast Quarter of Section se,nimo eiasael ~ wanmae ~ ~ ~ PUBLIC: On April 2Q2000, the Board of Countyy Townshlp 9 South, Range 85 Wesi of the 6th P.M Exhibit C, which is'attached hereto and incor- 1fi ~ e uS+~ w~ a ~~ a. svsv>s Commiseioners of Pitkin County, Colorado, ,. porated herein by this reference summarizes the annual dversion records for the Walttien DRCh z +om xar.. sam am. verssa x:ro+ +xsssx+szxcnum wasaawbwe adopted Resolution 07&21700 grantlnq approval olorado Rlveibedsion Support System ("CRDSS'7 database for the years 1950 througD from the C s +m ox..~ca a.e vemm xx+amae 'wwn;e afsu. - to the Pitkin Exchange Holdings of Aspen, LLC, ~ 199A. The ditch was or(ginally decreed in Case No, 732, CarOeid County District Court, for irrigation , modllicatlon bt an existing-nonconforming u +e^ aa..u_sn sa ~>.ax )rbanraseeasane si.~. c. a.,,rm struchrte. The sublect property is described as se. n v s ' W °t°~ °°f' ~N btl- Cot R. Rid a of Red Mountain SubdlWSion. This Tablet .r w sroawf a oorxvrr• s °O0 ° 1 O"` approval of a'sfte spedficdevrlopinent plan Walthen Ditch Water Rights andApplicanl's Ownership Amounts s +en os.ca an vsrpa semei+aesm+. -rp awe-^ includes a vested property right pursuant to +veam+mrowaems spmoxaorrmvuw awry ' z +vm rwv., e:w.oo. ur een .oren Title 24. Article 68, CRS. Jeanefle Jones Court Appropriation Adjudication Priority Decreed Decreed Applicants - - , Case Date. Date No. Amount Uses Ownership e aWlcsonaw ska: mans .re,amm~mamm a. a.oa Deputy County Clerk ' No. (cis) (cfs) (cis) e +a+vif.iwsea.~ a.a vam+ wmmeiasawaox nwiv+.+.w. Published in The Aspen Times on May 20 2000: ~ ~ +o +az rmwxs.un an ssxooa axxususxuniem a.:wm«oamw PUBLIC NQTtCE 3.0 Irrigation 0.685 65 132 05/10/1883 05/11/1889 ' bb^o<^°°'x^."`p NOTICE 73 HEREBY GIVEN TO THE CENF.RAh x rm PUBLIC: On May 10, 2000, the Board of Cmmty 132 0.5JOd/1884 05/1 i/18t39 88 3.2 Irrigation 0.411 oi<.. n... ~ ++ +aexw.cWS. wxs uxoeio +rmesiasw+aea w~ ' Commissioners of Pitkin `County, Colorado, ~ ' +a +ea oep. a.xv.n wow umea> zaria++xrrx+sude a<°'1i°' "° / w ~ A03 ]0.8 Irrigation 1.902 06 0 I 6 OS/25/1936 ]rnEpaMxINMYd. wi.ra does 10p NintliCOip °i4' N°°R0 ~ c oer P mrevle wlr~ a sinf~ submelssion anAtp~enl 8 ~ Ap pllcent's Walthen Ditch water rights irrigated 15 acres in See[IOn 8. Township 9 South, Hio n aas.nrao w 81e family residence, anA spec(al review/ GMQS Range 85 West of the 6th P.M. as more spedRcallX shown' on Exhibit 8 hereto. The majority of ' ' ~ xaau .xzvaze+ euano o.wsc xw.n ~. ~ ~ ' ~ a. +e +as ex.. exemption for one lolly deed restrldlon alfofil- the hlatodc Applicant's water rlghtsln the Walthen Ditch w11i cont(nu6 to M used for,irrigatlon dt ' , , ~ •~ able housing amt. The sublect property Is approxlmately0.46 acre (20,000 Square led)o(hlsto8ca4 location However, there will be dry-up¢I x.^wun.. . , romp. m.._ anorx seezx wneramaoae ~ mss.." . ,. ~ --~- .-- - ~ ..--- Y~j desgihrd fs n parcgJ of land situated I c et un ly IrrigateA land due t0 road and housing development of the PUD property. Applicant seeks to franc , , ,', ~~ ~ doe rp. smwpa "vasmxe xttouukeerxafo ~a.waeba, - :: Stange RS West of Ilia 6tli '' 20 Tow"nsTilp 9South ter the 0645 Cfs outs WaltKen DHC41 water rights attribu(aWe ro the dry-up ¢F the DisSOriwPy fret- --.- " a -~ ~ i a m - n - , , PgndpM Meridian. This approval of a site ape- g'ited lands d¢wnsheam to the Pltkfn iron Ppmp and Pipeline (described in paragraph 4, below) es a + a x m> .%a +e wm.n xaauama. o:Y: ex,. mne cvr df{c development play hxcludes'a vesteil prop- new polntbf diversion The 0.095 cis will be dlvertM at tFe Pitkin Iron Pump and Pipeline for Irtige- ' is +mzaa~.ainaaw din: wa+m xx+veumoummu aaxsav^ arty rlghE pursuant to Title 24, Article 6R, CRS. uon of IauLs at the Pitkin Iron Allo¢dable Housing Project, the locallon of whlcD Is more lolly shown ' ' - ' ~ ~ ~ ' ' Ieanette Jones, atlzes the amount of each of the Walthen Ditch prloritles to be - mx CxhiDlt, B, hereto. Tattle Z summ vzxrxesvcricxassrra zom ' Deputy County Clerk than ed to [be Pitkin Iron Pum and PI eilne °' "~`' 8 P P Y ' ~ Y3, e4tll.n "yea ~ alaaMUt tour lbii ~ m 'aiald~+ur Jemseb Published In The Aspen Times on MaY p. 200(6 e ,..,. i Y,. '~ ~ .,. ,. ~ ra :, .I ~ • w. +aeawgwhibem aw xeew +°uwl°afcwx+°n aexwna.. ~«h' ,/ PUBLIC NOTICE J` NOTICE IS HEREBY GIVEN TO TFIE GENERAL i' ~ Tabie2 ~ [.; a +ar pml8 Wtlwa ea. aTn+a .ie.+omsreusomm+ u.xareai PUBLIC: On May 10, 2000, the Board of County Walthen Ditch Water Rights To Be Transferred To Pitkin Iron Pump and Pipeline ' a +eesrroev^ a.evaa. vm~u e.mrsas 'r,:.x+.r+•^ ' Commissiopers nl Pitkin County, Colorad¢, ' ' adoptetl Resolution 0942000 granting approval Amount Transferred to Pitkin Iron Priority No. Applicant's Ownership(<fs) v +oa rodsroonixap. a.e e°rzas +sfsoo+zunemie se..rnz.xf" for an extension of vested real property rights ' ,Pump and Ripellne (cfs)' m +woo^z.w.en, a+xav.n ae.. wzaa xa+ruw+wseaxe cpe+r.pn for Parcel "A" of [he Huffman Lot Split. The sizb 65 0.685 ~' 0.022 jeer property is Aescribedas Parcel A of fhe m asw.n uzca.mwcow r~.°w. some uwnpeaxo -w,a.mw- Huffman Lot Split: This approval of a sife specii- gg O.Al1 0.013 zr +arxwns.,.e.ww Sraf rzwm mirati+aams+ae eipeyo... raxx. iwrr is development plan includesavested property ' ' r18ht pursuant tti Title 24, Article 6A, CRS. 403 1.902 0.06 xe . +al roesmc w a.e wren +rwrnnuwiezoee -.aaw.e- ' ~ Jeanette Jones, ra +aveWps.w aeso rsemxr ar+cmxxzxona« nxfe"f...s.ep Deputy County Clck Total 2:99A 0.095 cfs Publishedi m Tlie Aspen Times pn MaY 20, 2000. w +oa wea.prnntix o... epzeM r+exwalas wrwivw.<e - ' ~ The Pitkin Iron Pump anq Pipeline nn tfie'Roadng Fork River Is located downstream of the Walthen. •- m on crfao:.mmrbw..m a.wfaas apzon cxnmr+sua wawo. a.w ~ PUBCiC NOTICE NOTICE TS HEREBY GIVEN TO THE GENERAL Ditch hea5lgate on Woody Creek. Since the proposed transfer is occurring from an upstream Iodation m ueeox exaruemo i.xxxx: merwamm. ax,. - the Rpard of County PUBLIC On May ]0 2000 to a downstream location alon alive stream A Iicant believes there will M no im act to Wood 8 DP P Y ' , . . l f P k C unty C d Creek, or the Roaring Fork River and no inprty to other vesteA water rights or decreed wnAitional m +on rxfi a^wepro m ve°ems +arelue+emez aeewan ora Commissioners o it in o o, o water rights az a result of [he transfer. 3.b. Names and addresses of owners of land on which points . e ' atlopted Resoluton 087-2000 granttng approval of diversion and place nl use are Tocatedr3.b.(t) PI[kin Iron Pump and'Pipeline: Applicant 4..CON- ++eem a.z . e.nx a +m ewswo sm. usmao, +orm+xao for a reinstatement of vested real property DITIONAL WATF.RRfGHT`.4.a. Name of Stmcture: Pitkin Iron Pump .and Pipeline. 4.6. Izgai a,rprw. ew x+q uwiaw epe.m°x m.. eorroi-moa:<o~e^ rights for the Swersky {Sroperty. The sublect Description of Structure: The PI[kin Tron Pump and PlpeTine'IS located on the south bank of tt a m pYbpefty IS dfsCr{DCd as A [raft ¢I land aitnalPd e 85 West of the Townshi 9 South Ran k Riv r i N rth t Quart r of Section 8 R ar( P th nssx +eaxa,rvva+eu sx~. sep. m +ar mowuuy nax, mmti _ ~ In Lot7of Section 6, TOwnship9South, Ran8e 85 " , g , p o ng or e n e o eas e pM. atapolnt approxlmately1200 feetfrom the East Section line and?450 teetfromthe North Sectio. ;a/ m +azew,em.. sw srmzza wwreomzcueozsee xsmw.i.<xx,w:, x.,.x.Y .ih Principal Meridian. TDis West of rho +: line. Thepmnt of diversion is shown-on attached ExhxbifA: 4c. Source of Water: The Roaring Fork um wn<. warm. n...: - approval of a site specific development plan ' River 4.d. Amount Claimed: 0 22 cfs, conditional. 4.e. Date of Approprlation: Approprlation date of aiwn„ w idz m us)snr+s m u: no '. m z:4eY o aei.i rnrt-v zesnaan ri w. ue uet + ei Includes a vested property right pursuant to le 68 ;CR5 Title 24 Arti May 5. 1999, based upon the co{nddence of [he requisite Intent to appropriate and a physical a<[ on w ,. r.. c . , . the groimA. 4.L Proposed Uses. Irrigation oI up 10 20.000 square leer within [he PUD property, locat- TERMS OF SALE ,leanettekmus, Deputy Cpgnty Clerk eJ in[he Southeast QuarterolSectinn 6, TOwnship9S¢uth,Range B5 West of the 6th P.M. and for sew 2000 s M 20 tfietic purposes and dust suppression within the Pitkin Iron portioir of the PUD property. 4.g. Owner PnDlished in The Aspen Time on ay , . ~ of IanA nn which'Pbint of Diversion Is Located: Applcant. (5 pages; 3 pages of attachments.) 1. All vehidesPores sold as is, when; U. PUBLIC NOTICE' " ~ ~ `- ~'- r 2. All sales Onal. PLEASE TAKE NOTICE: That the Board of 17. 98CW312 Gar0elfl Cooaty; Spring Valley Aquifer, Roaring Fork River. Los Amigos Ranch 3. No vehicles sold to persona under 2f years Mage. County Commissioners of `Pitkin Countyy, Parmersfiip, c/o 6eavenworth & Tester, P.C., P.O. Drawer 2030, Glenwood Springs, CO 81602. Second 4. No veDide appraised 5200 or less ten obtain Title. ` ` Colorado, at its regular meeting on May 10, 2000 Amentled, Application (or Undergrountl Water Rights, Application for Change of Water Rights and 5. MINIMUM of E25.00 On all vehicles. and after a Ault'-enticed public hearing, adopted AppOCatiopfor Approval of Plan li)r Augmentation. All portions of the original Application and First Arid will receive a ip p B O a ll . ~ o s t .Application shall M amended by the contents of tHis Second Amended Application as set ... D g bklge num bar for 'faun etl Dids N ~p m b RESOLUTiON TFIE BOARD OF COUNTY bF forth herein. First Claim; Applicalioxi for Underground Water Rights. Name of well: Elk Springs Mesa 7. A vehicle edvedLsad may he pulled from fhe eudion tithe paperwodr COMMISSIONERS OF PITKIN' COUNTY,` C04 Well(ield: formerly known as the Los Amigos Ranch Mesa Welllield. 6ega1 description: One or more pmCasa is incomplete by auclion date. A FINALREU list oFVehkles to ba ORADO TO MATGi REVISIONS'TO THE PRKIN wells will tie completed, in the Spring Valley aqulfor on the Ellr Springs Mesa properly (formerly the sold will be ~vailable4o ail et[endeea at8 a.m ~ COUNTY PERSONNEL PQLICIES AND PROLE- Los Amigos Ranch Mesa property) and adjacent property, both owned by Applicant. The Elk Springs 8. R IS PROHIBITED TO ATTEMPTTO START, WORk ON, OR ft)'='MOVE ~ DUKES MANUAL Mesa Welllield will be generally located in the E 1/2 of the SE 7/4 of See 32, T6 S.; R 88 W, of the Gth ITEMS FROM VEHICLES UNTIL AFTER PAYMENT HAS BEEN MADE Co ies of the full text of the Resnlutlon are avail- ter, hlDutary to the Roaring ForkR(ver. P.M. Sourpe: Groundwater trlbutar to the Sprin Valley a ai a e Y ` ~ - - AND PAPERWORK IS COMPLETED. '' ' '° able for public Inspectlon from 8:30 to 4:30 p.m[ to bene9dal use: N/A. How appropria- 1998. Date w ter appli d Date M appmprlalmni December 8 9. Cash, money oroem, cashiers dxerka aM LOCAL CHECKS WITH in the (lfhcebl the Clerk and RecoMea 530 F.. tion was YnAlatxl i(eld survey preparatl¢n of engineering report, application for a Basalt Water PROPER7DENTIFIGAT10N w%I be actepxd. (If wtitlrp a check on a Main Streea, Aspen, CO 81SI1; Phone (970)924' Conservaficy bistrlct water allotment ronVact and tormulatlon of Intent to appmprlate. Amount: LOCAL bank, must present 2lorms ofib, Le , photo ID end amsior credit SING. The total pemplnR capacity for the Elk Springs Mesa Wellleld wllFhe 1.0 c.ts. (450 g.p.mJ, conAL eamJ If unable to provlAa daMIDceOon es aletetl above at the time of Jeanette Jones tonal, Indlvidoaliy or In comb+nafion. Use: Number of acres hiatorlcaliy irrlga[eA: 0 acres. Total num- payment. your ulierk w8l notMaecepteA and ilia i%ehkxwillMlc - Deputy County Clerk her of seeps proposed to be irrigated:20:82 acres. Legal description of the land irrigated: Section 25, auctioned Fublished in the Weekend Edition of The Aspen Township6 South. Range 89 West and Sections 30, 3] and 32. Township 6 South, Range BA West of a , Times nn May 20 20W. (555R6f "' the 6th P.M: Area of lawns and gardens to M irtigatetl: 20.82 acres. B. If noMrtigation, describe p+'' "•, All vehicles sold will receive a'Bill of Saki upon presenimion M PaynmM 10 PUBLIC NOTICE - pose hdlyi in-house uses for 39 dwelling units; an equestrian tiubhouse anA erjuestrlan related shl "° ' . to lha City W Aspen aM upon removal Mthe vehicle from the Impound Lot ASPEN HI(:FILANbS VILLAGE PLANNED UNIT RE lawn, ganlen and landscape Irrigation for the 39 Awelling units and the equestrian clubhouse/shay ' - - ,,, :--- aM the County Dump. '- . DEVELOPMENTAMENDMENT " (.?5 dwelllnq units with 24,780 sgnare feet of Irrigation per dwelling unit, three dwelling units with ' NOTICE IS HEREBY GNEN theta Oublic hearing 3,000 square fret of irrigation r dwelifn, unit and 6,p10 aquare feet for the t>P 4 equesMan club 11. Ap vehicles MUST be Ddb for M the coriduaion M fhBeurAOn. will M held nn Tuesday. Jnne 5, 2MIi1 at a meal- ' ' house/shop, for a rolai of 907.OA0 square feet or 20.82 acres); stock watering fur upto N2 head of hoer es; dfir+ent none for irrigation; and other trnelidal axes. CpmmeMS: Applicant's First Claim repre Tog to Mgin ' Ai3f1 P.m. before the AsPn at slots aM.xillication of Applicant's IntenAed use M the uMerWrnmA warm HRfHa nimllRfd In ihn. 12. The City of Aspen reserves the rght to bid on end buy aM vehicle, The Planning anA Zoning ComMission, SisteY Cities - ' original and First Amended Appl cation. References tb the Los Amigos Ranch Mesa property and the ' City may refuse arryand all bids and maiMairrsihe'dgM to buy arty vehcle Room. City Hall; 130 S Galena SL, Aspen, to con Los Amigos Ranch Mesa WellField have been replaced by the Applicant to celled the Elk SDrtnga Mesa in the eudion as fpst right. cider an application submitted by Hines Hlgfilands Limited Fartnership regeesHng a ProPertY'and the Elk Springs Mesa WellBelA, respectively. The physical dimfnalona of the property planned unit development ameudment to and the Welllield are unchanged fr9mthe original and FlratAmended Applicaton. Thenumber of rer 13. Vou wAM ind to reniwe vehicka try 2'00 m. an Ozed Mom ~° P' ~ detach the Dloposed townhomes of Aspen IAencas has Mezi reducM from 140 .Iwfliing xmirs tit 39 Awe111nR oohs. The lawn. Barden arM land- apction, sa please make atlvarxoe drtalxSemmS {ortetrgval of a Highlands Village. The property is commonly scope irrigation requirements have Deere rr<IUCed from 6,000 Square feet to3.000 squad (edM irtY P~'re~~ known az the :\spen HighlanAS Village. The ga[ion pfr Awelling pnif Inc three of the Awelling imi[s, while the remaining 36 dwelling unto have Property is located nn Ftarrxon Creek R¢ad at lawn. garden and WMscap. Irngation regirements M 24,7PA square feet M IrtigMifm per dwelling 14. The LarMHVDump is cbse0 on SurMays. the base of Aspen Highlands Ski Area and'is unit. Commercial usfs for S (yNl square feet of o(Fioe/retail spatt Lave been delded, iM proprzsfq southwest eLASpen Fligh Schfiol usage for the egnestr(artdubhrnxe and equestrian related shop has Deen reduced from 5.fi EQRS to 15. H you abaMw a vetiicx on City or OovnN property, you wi0 M For further iniormatmn. contad \ick Mack at 2 EARS. aM s[oYkwatrring has Men raduceA from 1116 head of hnrun M 82 heaA M horses. Secrmd ' pmsecuxtlfor aban8oned vehideuMer aecbon CR 1&3-106. the Aspen/Pitkin Commeinily De el ipfienY Plrst Claim: hppOcaxi n for Cod ground Water RighLS Name of welt: Eik $pringsMesa WelftleaA De attmem. 1:.0 5 Galena SL. As n CO C)Itl p ~ ) meet IvRal d y riptifm O ¢ mots w Ilx will M c mxplMeA in rue Spring Va11ry aq+i h-r rm .n arge TM vehice mild De renzpvM frpm fix InePOUnd krt BEFORE r r$ m 16' - W(9-. nickii3cl aspen.-Ca.i15 a 92i Spr ng M p npertv aM aAl .wA pro{zf-rty. TM Flk 4prln8s Mena WaI1MIA will tsr 2mrr th ilk . aherward sipneq Vie shippe you may drspose M ~vehiue s:Pe,b Piro h. Chan ' taA nxh 12Mth sF IM iSrc '2 6S.. R. WSW rA tM Otfi P.M.5fzill~GrrnxMvrtx it Ix ti d rt ' t yl b db See receipt Count' burtq,' Cxoige mm,ssic AsV°n Plann{rt snit %~min f - R R nrr bVfngp a Yrlt is y fir tb~ R fog inrk Rive Dab r z Ihr Y + xf ~ S! k V Ilry 1 If i i f D { ahlisiwl in T' . Aspen Tim!f fm MAC L9. [fY/) r , < F t onry 4 <f//) Oat . AY Y { II 1 xr, h«n fl inl Iw; Y/A Iifwi ADprrlpriNiVm wbs nntlNbr mtortnabon. PIIDIi[tlrYl In Tnr AtiWn'ilmr:$May S, i:i, 2n, 2grlfl. (iiA!'!,1) (4', ,,fj9J .. flpfV~iapillie Alllnlirll.l{.3Fnit Y,Nx~/~iNIMIVbII<'.y li7firid Wbih.Ibill/inir'.fli 4lllrlad aYVi ff1//n,daiifNlu Frporated herein by this reference.3 WATER RIGHTS 1'0 BE CHANCED: ADPII<ant propof' pn of The open e to cha t ..------_-- ... e...~n~~x.~. Pitkin County granted approval for 1041 Hazard Review, Conceptual ,Submission & Caretaker , , Dwelling Unit application for the Alexander Anderson (P47-00) property located southeast of the,. Aspen city limits on State Highway 82 directly across from the Ngrth Star Nature Preserve andryis described as a tract of land situated m Lot 13, Secfion 17, Township 1 Q South, Range 84 West of t 6~' PM. This site specific development plan grants a vested property right pursuant to Title 24, Article 68; Colorado Revised Statutes. s/Lance Clazke Hearing Officer Pitkin County, Colorado Published in the Aspen Times on July l Pitkin County Acbount 002.02 f _. ... ,,..~,.~ r., „r,,,,z, .. +ew.~d..... ,. a ».ua,..._ . . ,, a_ .....~ ..., ..~..u. e. ~„=:w».t .W,o-...l,.wma.,~ .,~ln.ati... ,..a wa.wm x.:,..'s: :; July 1516,2000 • The Aspen Times 19-D 3 - !~ liiliTi7-1~i~~- ~ i h f b ild PUBLIC NOTICE Each phaze may be bid separately: Township 10 South, Range RR West nt the 6th PM. Terrace Rqad shall be widened to a minimum of e issuance o any u (ng perm t or 2. Prior to t PLEASE TAKE NOTICE: That the Board of County ASPEN/PITKIN COUNTY AIRPOR?' GENERAL AVIATION RAMP AND TAXIWAY PAVE- Far further information contact Tamara Pmgl at the Aspen/Pikkin Commuiity De4elopmen[ 18 feet wherever possible, pull nOS shall he pro- vlded at 500 toot Intervals and switchback development approval for properties accessed by the Shield 0' Road. the applicable County Commissioners of Pi[kin County, Colorado, at Its MENT MAINTENANCE. Denarlment. (970) 920.510? curves sYtall have ~ a minimum SO'fopt" bslde departmebt shall contact the Shield 0' Terrace regular meeting on Jane 28. 20110, and after a - CRACK SEALING SEAL COAT, MILL AND s/lance Clarke, Pitkln County Hearing Officer ratlbs, with a "bubble" outside radius of 90 foot, Homeowners Association, at such address and the follow- duly-noticed public hearing, adopted , REPLACEMENT Pubilshed in The Aspen Ttrites on Jtily 15, 2000. whenever possible." phone number as may be provided by the ing Resolutbne RESOLUTION OF THE BOARD OF COUNTY COM- Specifications and Instructlons to Bidders will (69755) 7. Both Steve Howartl from the Basalt Rural fire Associadon from time to time, to determine COLORADO MISSIONERS OF PTTKIN'COUNTY he available to Lhlerested parties on and after PrMectbn District and Bud Eyler, the County whether or no[ the applicant has Joined the . , APPROVING THE DANCIGER/TYBAR RANCH 10:00 a.m, local time, July 17, 2000, al the office PLBLIC NOTICE 6ngineeq have agreed that the following scan- ' ' ' Association or of the Mesa Road Improvement SUBDIVISION PUD DETAILED SUBMISSION of the pIRF.CTOR OF AVIATION, 0233 E. Airport RE KOLOR WHEEL CODE AMENDMENT- SEC- - lords for Shield 0 Road provide su0fdent and Maintenance ASSOCIdtIOn (only for those " ~ , FINAL PLAT AND CARETAKER DWELLING UNIT Road. Suite A, Aspen, Colorado 81611, phone TION 2fi.710.170 OP THE CITY OF ASPEN LAND Ingress and egress for emergency services. can access without using Shield 0 lots who 17499 ~ ) (970) 920.5384. 0 115E CODE a. Minimum,rond width of LS feet, Ifi feet of road Road). Notice of Pubik Hearing published in The Aspen Bids will be receivM at the shove address nnt g;30 a.m., local time. August 1, 2000, at whicti NOTICE IS HF-RF-BY GIVEN that a public hearing will be helA nn Tuesday, August 1. 20W, at a width, a I loot shoulder nn each side h. The road shall Ae sloped at a minimum of 3. To the extent permitted. by law, any property owners who use the Shteld 0' Road and who are Times on Mey 13, 2000. Copies o(the full text of o time they will be'openaA publicly and read meeting to begin at 4.30 p.m. before the Aspen 1 ~ ' rr^''tn aibw for drainage to be collected In the -' not yet rnemtiers of either Association shall be r public Inspec- the Resolution are avellable f tlon during regular oltice hours In the office of AB bidders are required to ¢xamine the site m become Iamillar with all site condRions The Planning and Zordng Commission, Sister Cities Aspen: to <dn-' City Hali 136 S. Galena St. Ronm ~"side ditch; culverts will be InstalleA as neces- *equired to loin the Assocaton es acondition of l l the Clerk and RecoMer. 530 E. Main St.. Aspen, . project will be shown to Interested bidders at , , , siArr an aPPlicatinn snhmitted by Kolar Wheel nary to eliminate water from (lowing across [he road or bui ding permit any land use approva requested from the County, anA to pay a pro-rat"~"°t Colorado 81611. Phone: (970) 92651R0 .leane[te.lones, Deputy County Clerk 10.00 a.m , July 26, 2000, at 0233 C Airport RnaA, Attendance at the site visit is Colorado Aspen of Aspen requesting Spproval for a code amend- meat to Section 2fi.710.170, Neighborhood . < All downhill ve8emllun shall be kept mowed share of the assessments and Interest az provic Published in The Aspen Times nn .Ivly I5, 2000. , . mandatory fur those submitting bide. ~ - ~ Cnmmrrciaf~7.nne District that'woulri allow a d A below the elevation of the outside shoulder. Street signs shall be installed at all road inter- d ed for in the Protective Covenants. 4 The Chair Is authorizeA to sign [he Rnad PUBLIC NOTICE Bidders may be requlrM m pmviAe n hid bond or oPorr acceptable bid reunify In the mnmml paint-yrnmown cernmivs stu io x a permitte use in the zone district. Thr property is within . secbnns Improvement Agreemen[with the Shield O'Terrace NOTICE IS HEREBY CIVE_N to the general public of 10' (ten) of the mA price and stall hr the NeiKhbnrhnnd Commercial (NC) Z.on¢ e. All improved property owners shall have a Homeowners AssodatlOn, in substantially the form that nn June 20, 2000, the Hearin Olticer of ' S ' requtreA to nmvide a performance bnnA amt ~ 2 F rit m P D ltr f ~ v rr r s u r y n v i ~ r l t t Pitkln County granted approval lot 4T17e9ttY d " ' labor and materials payment bond in the itinne cd'ntut N tk Lela<k at the her nfnr ant to Coun s mdaMs, ewa mA rnaA vs y y as ma be ne cesaary b such oth e dncume t s PEl3R<i ,Concepdmt Submission &-'G.2 Review;: amount ollW'X. Of the bid peke, As inn Pitkln Comimmit Develo tment 1 7 Y I resslon, the L Fnr the ur use M wIIA flm su t p p Ip accom Ilsh the roses nl this OMinan<e. p pv p 'Dwel9 tlrl?t-a Iidalion for the-Afiexsnd¢c FP Pitkln County reserves the right to reject any Uepartmenq 1311 5. Galena St., AsVen. CO (970) Associaton will Install two 10,000 gallon watei INTRODUCED, FIRST READ. AND SET FOR PUB- Anderspn {P47410) property located southeast and all bids anA to amend yuanuties to match 920-6095. nickiOcl aspen.co.us. storage tanks at the locations approved by the LIC HEARING ON THE 12th DAY OF JULY, 2000. of the Aspen city limits on State Highway R2 available fimdinK RlAders may submit a biA nn ~ s/ROh BlaiCh, Chair Basalt and Rural Fire Pmtectirin District NOTICE. OF PUBLIC HEARING PUBLISHED IN direcdy across Irom the North Star Nature any or all of the three phases. Aspen PlannlnK and Zoning Commission g, Imixovements Lo curves 1-5 shall comply a5 THE WEEKEND EDITION OF THE ASPEN ?IMES t 13s Sectfon~l7aTownshi f 10~South edein L Work Is to be performed no sooner than August 69185 ed In The Aspen Times on July I5, 200D. ( ) cbsely az'possible to the minlmvm standard of ON 75th DAY OF JULY, 2000. ' APPROVED UPON SECOND READING AND , p a o 16 20W and completed no[ later than October 50.0 feet radlas at centerline. The Improvements Ran a 84 Wes[ of the 6th PM. This site specific e 19, 2000. Questlons or comments should be PI'JBLIC NOTICE shall range between 35 feet to 50 feet at center- PUBLIC HEARING ON THE 28th DAY OF JULY, " dev lopment plan grants a vested property right directed to the following IndlSiduals. NOTICE OF PUBLIC HEARING line and shall be set in the field at the direction 2000- PUBLISHED AFTER ADOPTION IN THE pursuant to Title 24, Article 68, Colorado Peter Van Pelt, Director of Aviation PLEASE TAKE NOTICG: of Steve Howard o(Bazalt Rural fire Protection WEEKEND EDITION OF THE ASPEN TIMES ON Revised Statutes. s/Lance Clarke Hearin Otflcer 0233 East Airport Road. Suite A Tha[ the Board of County Commissioners of District and Bud Eyler. Pitkln County Engineer. THE 5TH DAV OF AUGUST, 20(10. f h ll l f , Pitkln Corot ,Colorado l Asprn. Colorado Bl611 Phone: 970.92-5384 pitkin County, Colorado will conduct a public h. There shall bee minimum of2pu11 offs on the Shteld 0' Road a[ locations to be determined by eenOre Ordinance are ave ab or pub Copies o t e Iic inspection at die Clerk and RemMers Office, 15.2000. Published in The As en Times on Ju D Y Fax: 970.920.5378 hearing on the Following Ordinance at 2:00 p.m on the 2fith day nl Jvlg 2000, at City Hall, 130 Steve HowaM of the Basalt Rural Fire Protection Jeanette Jones. at 530 East Main Street, Aspen, PUBLIC NOTICE Ray Krebs, Assistant Airport Direclm\ South Galena Slmet, Aspen, Colorado 51611, at District. °uid pull Otis shall be a minimum of 10 Colorado 81611, during regular business hours. NOTICE IS HEREBY CJVEN ro the general public 0233 East Airport Road, Suite A which time and place ail members of the public feet wide a^d 50 feet long." Published in the weekend edltlon of The Aspen that on July 6, 2000, the Hearing Ot9cer of Pltkin Aspen, Colorado A161 t may appear and tie heard: ~ 8 The Assodation has agreed to nmvide, prior TTmes on July I5, 2000. (69776) County granted approval (or the 1041 Hazard & Published in The Aspdn Times July IS and 22, pN ORDINANCE OF THE BOARD OF COUNTY to final approval ut this Ordinance, except az Scenic Review application for the City oFAspen 2000. (69779) COMMISSIONERS OF PITKIN COUNTY, C04 Indicated, the following Information: PUBLIC NOTICE Parks Department (P68~10) to construct two pedestrian bridges over Maroon Creek and PUBLIC NOTfCE ~ RE BRAUN RANCH SETTLEMENT PROPOSAL ORADO REPEALING ORDINANCE NO. 96-19 BV LIFTING THE MORATORIUM ON ISSUANCTi a. The Association wen provide easements from the propeFty owners whose land Vs affected by RE: PEET 1041 HAZARD REVIEW (P74-0In NOTICE IS HEREBY CNEN that a public hearir°^\, 3 ll h ld T A I5 2000 Castle Creek Roeds edtacent to the roundabout. ~ (P138-qg) ~ ~ ~ OF BUR.DMC PCRMTIS FOR DEVELOPMENT increases in the turn radii or by [he Installation Y wi on uesday, ugust , at be e The Maroon Creek Pedestrian Bridge will be h f th Ki d i l 200 f t N071CE IS HEREBY GIVEN that a public hear- OF REAL PROPERTY ACCESSED ~BV ~"THE ' ' of water tanks, giving 'permission for the ' im rovements . meeting PO begin at 3:ODpm or as soon thereafter az the conduct of business allows before the sout o ss an approx mate y ee e Ride exit on Maroon Creek Road and [he Castle l ing/special meeting will be held on Tuesday August I5, 2000 at a regular meeting to begin at AND APPROVING A ROAD SHIELD O ROAD AGREEMENT WITH THE SHIELD OTERRACE ~ p . b. The Association will advise the Boats con- i h i f f h l ti f h t , Pltkin County Hearing OfOcer,- Commissioners Meeting Room ~SO6 East Maln Spreeq Aspen to y 500 Creek Bridge will be located approximate feet southeast of the roundabout and S00 feet 3:00 PM or as soon thereafter az the conduct of before the Board of County business allows HOMEAWNER5 ASSOCIATION (.lei the s`udlioer of 1996, the Boats of County ern ng t e t me rame or t e comp e on o t e road improvements, and w10 update the Board , consder an application submitted by Gertrude northwest of Meadowood Driye. This site spa- l l , Commissioners, Pia2a One Conference Room, Commissioners passed Emergency Resolutbn on the number of property owners who fiave Peet requesting 1041 HazaM Review approval to establish a building envelope encompassing an cific deve an grants averted property opment p right pursuant to Tltie 24, Article 68, Colorado 530E Main SL, Aspen to consider an application submitted by SL Clair Company, LIC, requesting 96145, followed by Ordinance No. 96-19, estab- fishing a moratorum on the issuance of building joined the Association. c. The Associaton shall provide an updated Ilse existing structure. The properly Is located al Revised Statutes. sBrlan Pefteh Hearing Officer approval to develop 11 parcels of 35« acres each: ]0 of which will contain single family res- permits for development on real property accessed by the ShietA 0' and Mesa roads and of property owners who could become mein- hers of the Assodaton, and shag report to the 5342 Highway 133 and is described as a tract of land situated In the SEl/4 NWI/4 of Section 22, Pitkln County. Colorado Published In The Aspen Times on July 15 2000 idences and i of which will be owned in coin- modllying road standards for Shteld 0' and Mesa BOCC on'membeiship in either the Terrace dr th Mesa Association Tolvnship 9 South, Range 86 West of the 6th PM. For further IntormaUOn contact Brian M¢Nellis , . moo and contain a ranch management facility. roads The necessity for the moratorium is rec?U . e /Pitkl nt t th A C D l t PUBLIC NOTTCE The following approvals are requested ed in Odinance 9619. - d. The Association shall provide proof of Inmrv a e spen n ommu y eve opmen NOTICE IS HEREBY GIVEN to the eneral obit g p • 1041 HazaM Review & Conceptual Submission ' 2 The moratorium allecting properties noraHon, approved ey-Laws and Consents s Departmenq (970) 9205099. s/Lance Clarke Pltkin County Hearing 0f0cer that on June 30, 2000, the Community ' to establish building and developmeN accessed by the Mesa Road was lifted Uy recorded br tho e ro err owners who have P p y , , Published in The Aspen Times on July 15, 2000. Development Director of Pitkln County granteA envelopes on each parcel; Ordinance No. 97.33. already tined, approval for [he AdminlstraUve Caretaker •CMQS Exempion for Hisrork Dweliing Unit; g. Various piroperty owners whose property is 9. The BoarA of County Commissioners has Indi- Dwelling Unit application for the Smhltbarg • GMQS Exemption for Replacement Unit; accessed by the Shield 0' Road have met with cared Its willingness to require, to the extent " PUBLIC NOTICE ' property (P654Nn located off of West Buttermilk •CMQS Exemption & Spemal Review for TDR Receiver Sites the Board MCounty Commissioners in work srs- k f i H d i h C t permitted by law; Any other DMperty owners who use the Shield 0' Road and who are not yet ORDINANCE NO. 26 SERIFS OF 2000 Road and descADed as Lot 8, Eagle Pines ; me; wor w sions rom t me to e t oun y ' " Subdivision. This site spec6ic development plan •CMQS Exemption & Special Review for 10 Staff and[he Basalt Ruralflre Protection District ' members nl the Association to join the ' AN ORDINANCE OF THE CITY COUNCIL OF THE grants a vested property right pursuant to Title Caretaker Dwelling Units. and have tleveloped a plan to fmpro've Shield 0' Association as a condition, of any land use CITY OF ASPEN, COLORADO, REPEALING SEG 24, Article 66, Colorado Revised Statutes. The property is located nn off of Lower River Road to acceptable standards, and to install adPYOVaI or building penult requested from the TION 1804.0700E THE ASPEN MUNICIPAL CODE s/Cindy HOUben, Road and WOOdy Creek Road and is described as water storage fac0ities as required by paragraph County, and to Vay a prorate share of the IN ITS ENTIRETY AND ENACTING ANEW SEC- Community Development Dirmmr Lnt 2, Elam Subdivision. The application/resole 12 of Ordinance 4619. assessments and interest as Provided for In the TION 18.04.070, ENTITLED "PERMITS," WHICH Parkin County, Colorado tion arc available for public inspection in the Ci ll C D l D H q, This plan Includes the incorporation M the protective covenants 10 Th A h 'k he RELATES TO PERMITS FOR RELIEF FROM NOISE RESTRICTIONS Pubilshed in The Aspen Times on Jvly 15, 2000 eve , ommunity opment epartmenh ty a previrnisly unincorporated homeowners assoc4 e ssocation as agreed hr eep t . _ _ ; PiJi?LiCNCITICE"~-- '""'"-^ ^ , ~ .~ tX ;' ~ 1305 Galena SL, Aspen CO Rtfii i, "FOFYuither Inbimatidh; mntne( Suzn"one Wolff anon ev a non-pmOJ~coronratlon named the Sh,el~ O'Te"irace Homeowners Ass Aclat~-tTie Community prvNnpment Department advised of a Yontact person, adllre33; and tetephbde` Cnples of the ordinance may br obtainM at tM1e fOce of the City Clerk, 130 S. Gahm, Aspen, , - . 0( ' at (970) 920-Sill§: " ~ ~ , estahlishmeiit"of RNLawS fn"r Hie Aasociadnn, number for the Acsndavon, in order for the Colorado; during normal business hours. DEVELOPMENT APPROVAL Jeanette Janes, Deputy Coumy Clerk the preperntimt of a consent ibrm'wherehy County to determine, In connection with airy FINALLY adopted, passed and approved this Notice Is hereby given to the general public of Board of County Commissinners ~ property owners whose property Is accessed by building 'permit or development apnroval 10th day of July 2000. the approval ota site spedfic development plan, Published in The Aspen Tones on July [5, 20(N). ShielA 0' Rm[t Ivry vohmmrlly join for rcgnrstad tram an affected properly owner, that Rachel E RlchaMs, Mayor and the creallon of a vested Vroperty rlghl our- want M the Land Use Code of the City of Aspen PUBLIC NOTICg Assocation, antl'[hus become members of the the submission of an exnawtion Association the rn>ert' fiwner has oined the Association, P I Y ) and it nog to re Wre membershi In the q P ATTEST' Kathryn S. Koch, City Clerk Pubilshed in The Aspen Times on July I5, 2000. and Title 24, Article 68, Colorado Revised RE DORMS l04i HAZARD REVIEW & LOT LINE ADJUSTMENT (P54410) , permit to the County in oMer to undertake the Assndatibn and payment of past due amounts Statutes, pertaining to the bllowing described property Iwo 3, Second Aspen Subdivision by Administrative Decision of the Community Development Director on June 19,'2000. For further information Contact .Julie Ann Woods, at the Aspen/ Pltkin Commmity Development Dept., 130 S. Galena St. Aspen, Colorado (970) 920.5090. Published in TTte Aspen Times on Jaly I5. 2000. PUBLIC NOTICE ' NOTICE TO CONTRACTORS, INVITATION TO BID AOA PROJECT The Pltkin County Airport requests bids tram qualilled contractors for [he Iollowing protect. NOTICE. IS HEREBY GNEN [hat a public hearing will be held nn Tuesday, August I5. 2fKK1 at a meeting to begin a[ 3.pODm m v soon thereafter as the conduct of business allows, before the Plkin County Hearing Officer, Commissinners Meehng Room, 500 Last Maih Slree[, Aspen M consider an application submitted by William Dorms .tc Victor Kotwicki, Ir requesting 7041 Hazanl Review approval br the construction ul a single family rewdence and customary attesso- ry uses and a Lot Line Adjustment approval M reconOgure the lot Bnes between three contigv- our Io[s, elbninating one of the lots. The proper- ty Is located of( of Dorais Way. 1.5 miles North of Redstone and described as parcels of land situ- ated in the SW-1 /4 of the NW 1/4 of Section 9. road improvements required by Odinance 96-19 as mmlitied herein, and a road maintenance agreement ~ br the Shield ~0'~ Terrace Homeowners Association, 'between the Association And pitkin County. 5 There are existing protective covenants for the Shteld O'Terrace properties, pursuant to which the Homeowners' Assncla[inn has for years improved, maintained, repaired and plowed [he Shield 0' Road and assessed the property owners The incorporated Associafon is the successor ro tfie previously unincorporat- ed association 6 Ordinance No 9619 provides the following for the Shield 0' Road ~(a/k/a Terrace Road): "T'he as a cnnbi[ion of approval or 'a condition of issuance of any building permit I I The Board of County C'Ommissioners is satis- fied that [he plan established by the property owners In the Shield O'Terrace area,'as redted herein, does adequately address the health and safely concerns exnresseA in Ordinance 9C.19. and that the I101ng of the mmatorium on build- ing permits for that area is appmprlate at this time. NOW, THEREFORE, BE IT ORDAINED: I The moratorium on building permits br property accessed by the Shield 0' Road, as estabiwhed bV Ordinance. No. 9619, Is hereby repeated. i,/ yvu cu~i c acvc cic ria~rii ... ~.~. I , y w ' lr~,~~•."~i ~`"'rxr-~*~s,~~a^~ar~°~u ~.-v'~,~,~~'~`~~' ~;~ i ! i ~t . a h ' : .. .I .., I ~ ~, .. +.b ~O ~ "1~3~ xSou alena ,~ .,:,a..l s~ ~ ' ' ._ T ~ . ", ~`~i"`~ Street .'Aspen Colorado 81~iT'Y' "" ' ~'" " ) . ' :. . ,. .....' ..'" (970); 9;20-509,0 ..w„ a ! ', _ - Pitkiii Y~oun~y,..., ..: ,.. r. :.~ ' 172 ° `ffoarl ofECd as ~"`"" • `~ ~:., ~"•." ' , 158 oun C'an ..,._ ..a a :.. Y c~"7~se tae - 173 beposit ~~~ .,___,.. I 7, 174, f''lat Fee 162 xsri« ~ ~ .;, ~`onin~ and SYgn i ^ : ' ' ... .., w.. .. . •_.. 1S8 ', ..P n3i gotice _ .. ~ ' 160, - Enforcem~~it ...,,. ~,. _..... _. a .......... dreferra! Fees <_ . 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