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Parcel ID: 2737-06-3-05-001 Application Date: 7/2/09 Case No: P065-09
Description: Aspania Ltd Minor Amendment to a Development Permit Planner: Cari Anne Holcomb
# Copies: 2
Allocated Hours: 3
Project Address: 128 W REDS RD, ASPEN, CO 81611 % Over Hours: 3.2
Property Owner: ASPANIA LTD
Owner's REP: TOM NEWLAND
REP's Email: tomn@sopris.net
Address: 1900 E TAHOUITZ CANYON WA' Owner Phone:
PALM SPRINGS, CA 92264
Address: 417 ORIGINAL RD REP's Phone: (970) 618-9922
BASALT, CO 81621
Referrals: PLANNING ENGINEER REFERRAL Other Referrals: Red Mountain HOA Nonr
ALL OTHER REFERRALS
Comments Due Date: 08/14/2009
Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting:
Meeting Date:
Review Body: admin
Public Hearing? no
Notice Date:
Meeting Notes:
Approvals:
BOCC Resolution #: P&Z Determination #
BOCC Ordinance #: HO Determination #:
Admin Determination #: 108-2009 #565290
Other Information:
VR Approval Date: Plat Recorded Date: 05/06/2010
VR Expires Date: Plat (Bk, PG): B93 P86 #569103
Remarks: no vesting
Application Type: Minor Amendment to a Development Permit
RECEPTION#: 565290, 1 211 412 0 0 9 at
12:40:27 PM,
1 OF 2, R $0.00 Doc Code ADMIN
pECISION
Janice K. Vos Caudill, Pitkin County, CO ~TIVE DETERMINATION OF THE
_ __.L._.,.... a ,.~, v r,i,vrMEN'1' DIItECTOR APPROVING THE ASPANIA LTD SUBDIVISION
EXEMPTION FOR A MINOR PLAT AMENDMENT AND MINOR AMENDMENT TO A
DEVELOPMENT PERMIT
Administrative Determination No. ~-2009
RECITALS
1. Aspania, Ltd. (hereafter, "Applicant") has applied to the Community Development Director of Pitkin
County, Colorado pursuant to Sections 2-20-150(b) of the Land Use Code for a Minor Amendment to a
Development Permit for a utility envelope for the placement of two utility lines -sewer and natural gas
to access/utility right-of--way located adjacent to the south end of the parcel.
2. The parcel is located at 128 West Reds Road in the Red Mountain Subdivision and is legally described
as the Aspania Ltd. Exemption Subdivision. The parcel is zoned R 30 and contains 2.05 acres or 89,238
square feet of land.
3. The paccel obtained 1041 Hazard Review, Scenic Review and Minor Plat Approval to establish a building
envelope to re-develop asingle-family residence and remove Lot Lines that were no longer relevant due to
the merger of Lots 4, 5, and 6 pursuant to Hearing Officer Determination No. 03-2006. The Aspania Ltd.
Subdivision Exemption Plat was recorded in Plat Book 87 at Page 40. A 1041 Site Plan was recorded in
Plat Book 87 at Page 39. Administrative Determination No. 51-2009 approved a Subdivision Exemption
for a Minor Plat amendment and a Minor Amendment to a Development Permit to reconfigure the actual
location of West Reds Road with the platted location of the easement. A revised Subdivision Exemption
Plat was recorded at Book 97 Page 72 (Reception No. 561786). An Amended Site Plan was also rewrded
at Book 91 Page 72 (Reception No. 561787).
4. The Director finds that the proposed amendment complies with the applicable provisions of the Land
Use Code, that the proposed amendment will not change the use of the proposed development or the
basic character of the land, is consistent with action taken during the original review, does not increase
off-site impacts or the allowable floor area by more than five percent (5%), and will not endanger the
public health, safety or welfare.
APPROVED by the Director, subject to the following conditions:
1. The Applicants shall adhere to all material representations made in the application. The Applicant shall comply
with all previous land use approvals and all conditions of Hearing Officer Determination No. 03-2006
[Reception No. 520253] shall remain in full force and effect, except as amended herein.
2. Prior to submittal of any further development or building permit submittals, the Applicant shall be
required to submit for approval by the County Attorney and Community Development Deparhnent an
amended site plan in accordance with the requirements of the Land Use Application Manual as outlined
in Sections 2.1.1 and 2.1.12. The above referenced approvals shall be a condition precedent to
finalization and recordation. The Mylar copy of the site plan shall be signed by the owner prior to
submittal for recording. .The plan shall also incorporate the following changes:
A. Re-title the Site Plan to, "Second Amended Sachs/Aspania Ltd Activity Envelope + Site Plan.
3. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the
corners of the activity envelope and install construction fencing around the construction site within the
perimeter of the activity envelope. The fencing shall remain in place until a Certificate of Completion is
issued.
4. All azeas disturbed by earthmoving shall be re-vegetated with native shrubs and grasses immediately
after installation to prevent weed infestation and erosion issues.
5. The Applicant shall be required to submit an Earthmoving, Clearing and Grubbing Permit application for
review and approval by the Planning Engineer prior to any work in the utility envelope. As part of the
permit application, the Applicant shall provide the following:
A. A detailed drainage and erosion plan.
i. The plan shall address all temporary and permanent erosion control measures.
ii. The plan shall include the location of all BMPs that will be used during construction.
iii. If the project disturbs more than one acre a SWMP shall be applied for and obtained prior
to issuance of permits.
iv. All historical drainage patterns shall be maintained.
B. A detailed re-vegetation plan in addition to the approved site plan which shall be reviewed and
approved by the Community Development Deparhnent. Financial security may be required to
ensure the plan is adhered to. The plan shall include:
i. All shrubs used in the re-vegetation of the disturbed site shall be a minimum of 10 gallon
in size to sufficiently blend with the existing vegetation.
ii. Seed mix(es) and plantings and shall speak specifically to re-vegetation methods for steep
slopes.
iii. If the plan included the removal of any trees larger than 6" DBH, a tree mitigation plan
shall also be included.
C. Detailed documentation of the existing condition of the road and driveway to the south of the
property including:
i. Photographs of the existing area.
ii. The width and road base.
iii. A plan for the reclamation of the road and driveway.
iv. A detailed re-vegetation plan for the road and driveway area.
6. Any grading improvements shall be limited to a slope of 2:1, no steeper.
7. Failure to comply with the conditions of this approval may result in revocation of this approval, or any
subsequent permit(s) or approval(s) related to either or both of the properties, or vested rights associated
with either or both of the properties.
APPROVED by the Director, this ~~y of ~e{~~, 2009.
C ~~
Cin y ouben,
Community Development Director
PID# 2737-063-OS-001
P065-09
MEMORANDUM
TO: Cindy Houben, Community Development Director
FROM: Cori Anne Holcomb
DATE: December 8, 2009
RE: Aspania LTD -Minor Amendment to a Development Permit
SUMMARY: The Applicant is requesting approval for a Minor Amendment to a Development
Permit to allow for the placement two utility lines - a 4" sewer line and a residential gas line from
the approved Activity Envelope to the public access/utility right-of-way located adjacent to the
south end of the parcel.
APPLICANT: Aspania, LTD
REPRESENTATIVE: Tom Newland
LOCATION: 128 W. Reds Road, Aspania LTD Exemption Subdivision in the Red Mountain
Subdivision. PID #2737-063-OS-001
ZONING/LOT SIZES: The parcel is zoned R-30 and according to the Assessor's office is
approximately 2.05 acres (89,298 square feet of lot area).
BACKGROUND: The parcel obtained 1041 Hazard Review, Scenic Review and Minor Plat
Approval to establish a building envelope to redevelop asingle-family residence and remove Lot
Lines that were no longer relevant due to the merger of Lots 4, 5, and 6 pursuant to Hearing Officer
Determination No. 03-2006. The Aspania Ltd. Subdivision Exemption Plat was recorded in Plat
Book 87 at Page 40. The Applicant obtained a Subdivision Exemption for a Minor Plat Amendment
and a Minor Amendment to a Development Permit to reconfigure the actual location of West Reds
Road and the platted location of the easement, which did not coincide, pursuant to Administrative
Determination No. 51-2009. An Amended Plat Subdivision Exemption Plat was recorded at Book
91 Page 72 (Reception No. 561786). An Amended Site Plan was also recorded at Book 91 Page
73 (Reception No. 561787).
At the time of the original development approval, it was assumed all utilities could be brought to the
new residence via West Reds Road. After construction began, the gas main and sewer main were
found to be located within a public right of way to the south of the property. The Aspen
Consolidated Sanitation District has given the owner direction that connecting in this direction is the
preferred option, as it would reduce future maintenance costs to the district.
The proposed location of the new buried utility lines is through steep slopes. The alignment
crosses slopes greater than 30% and some slopes 45%. The Land Use Code does allow for utility
cuts on slopes greater than 15% through the site plan process. The original proposed alignment
called for a vertical cut down the southern slope, and included a large section of slopes greater
than 45%. Most cuts of this kind have proven difficult to re-vegetate satisfactorily, which is
important in scenic view planes such as this property. Upon request, the Applicant revised the
proposal to zigzag down the southeast side of the property, reducing the impact on slopes
Page 1 oj4
Ion 5
exceeding 45%. The Applicant has also proposed a landscaping plan utilizing several good-sized
serviceberries and asite-specific seed mixture, along with erosion control methods to reduce the
scenic impact and provide a thorough re-vegetation of the area, with 'like' native species.
REFERRAL COMMENTS: The application was referred to the Planning Engineer; comments
are attached and are incorporated in the conditions of approval.
STAFF COMMENTS:
Site Preaarafion and Grading: Land Use Code 7-20-10 addresses standards for grading, tree
removal and protection of natural terrain, including utility installation.
Grading: The proposal to bury the two utility lines will require the clearing and grubbing of
the natural vegetation within the utility envelope. All grading shall take place only within the
approved utility envelope. The Applicants shall be conditioned to obtain a Clearing,
Grubbing and Earthmoving Permit for all excavation, trenching and re-grading work along
with a grading plan at building permit submittal. As part of the permit the Applicants shall
also submit a detailed re-vegetation plan to include seed mix(es) and planting which match
the existing groundcover of the site. Financial security for the re-vegetation of steep slopes
may be required.
• Tree Removal and Mitigation: The parcel contains very few native trees, as it is comprised
of mainly co-dominant sagebrush shrubland and grass/form rangeland. The applicants
shall include a tree mitigation plan for the removal of all trees six inches or larger diameter
at breast height. This shall be included with the re-vegetation landscape plan.
Protection of Natural Terrain: All disturbed areas are proposed to be re-vegetated as
shown on the amended site plan. As part of the Construction Management Plan, the
Applicant shall be conditioned to detail the methods for accessing the site and stock piling
backfill. If any new utilities are installed, they shall be placed within the driveway once an
approved Access Permit is obtained. The Applicants shall use BMP to avoid erosion,
maintain natural drainage patterns and minimize disturbance of natural vegetation and soil
cover. The drainage and erosion plan shall address all temporary and permanent erosion
control measures. Cuts and fills shall be adequately designed and re-vegetated with like
plant material.
Steep and Potentially Unstable S/ones: Land Use Code Sec. 7-20-20 addresses standards for
development on potentially unstable slopes.
Response: The proposed alignment of the buried utilities does cross slopes of greater than
30% and slopes of 45%. The Land Use code prohibits development on slopes of 45% or
greater except as follows:
(1) Where:
a. The lot is in a legally platted subdivision, recorded prior to 1972, and
The property is located within the Red Mountain Subdivision, which is recorded at Ditch Book
2A, Page 182. According tot the plat, the lots in this Subdivision were created on July 26, 1956.
b. There is no alternative building site that avoids areas of slope exceeding forty-
five percent.
Page 2 of 4
z.
Due to the existing location of the sewer and gas mains, there is no practicable alternative site
on the parcel which avoids areas of slope between 30 and 45%.
c. An engineered or geologist licensed in the State of Colorado demonstrates that
the site can be engineered so that there is no hazard posed by the location of
development on such slopes, and
The Applicant has provided a letter from a licensed geologist, Scott Richards, of Hepworth-
Pawlak Geotechnical, Inc. which states that the site can be engineered so no hazards are
posed by the location of the utility lines on the steep slopes.
d. The proposed development complies with all standards in subsection (c)(1)
below applicable to slopes of thirty (30) percent or greater,'
The proposed utility burial shall be conditioned to comply with all the standards of subsection 7-
20-20(c)(1). Additionally, the Applicant shall be conditioned to submit for approval an approved
Earthmoving, Clearing and Grubbing Permit, a Construction Management Plan which includes
specific details for accessing the site and stock piling backfill and a drainage and erosion plan
which addresses all temporary and permanent erosion control measures. Additionally the
actual utility pipes shall be conditioned to stay out of all 45% slopes. The envelope is located in
these area of slope, due to the presence (know and unknown locations and sized) of buried
rocks.
Water Courses and Drainage: Land Use Code Sec. 7-20-30 addresses water resource
standards which are applicable to all development.
Response: An erosion control plan has been developed to maintain historic flows and control
velocity increases and storm water runoff. The plan addresses all of the standards cited in the
Land Use Code Section above using BMP during construction and aggressive Revegetation of
the site after construction. A detailed drainage and erosion plan shall be conditioned to be
submitted with the required Earthmoving permit.
Minor Amendment to a Develoament Permif: Subsection 2-20-150(b) of the Land Use Code
authorizes a minor amendment to any development application or permit that meets the
following criteria, as determined by the Community Development Director:
1. Is consistent with action(s) taken during previous development approvals for the
property; and
Response: The proposal is consistent with previous actions taken for the property. The
installation/upgrade of utilities occurs with redevelopment and the burial of utilities is required
Does not change the use of the proposed development between residential, commercial and
tourist accommodation uses; and
Response: The proposal does not change the use of the proposed development.
3. Does not change the basic character of the approved use of land on which the activity
occurs, including basic visual appearance and method of operation; and
Response: Approval of this proposal will not change the basic character or method of operation
of the approved land use of the land which is single family residential in the R-30 zone district.
Page 3 of 4
3
1. Does not constitute a new land development activity; and
Response: The proposal does not constitute a new development activity.
2. Does not increase off-site impacts in the surrounding neighborhood,' and
Response: The proposal will not increase off-site impacts on the neighborhood.
3. Does not endanger the public health, safety or welfare; and
Response: The proposal will not endanger the public health, safety or welfare.
4. Does not violate any Land Use Code standard; and
Response: The proposal does not violate any Land Use Code Standard.
5. Does not substantially increase the need for on-site parking or utilities, or affect
affordable housing generation; and
Response: The proposal does not affect parking or affordable housing generation and does not
increase the need for utilities.
6. Does not increase the floor area of the use by more than five (5) percent or decrease the
open space on the site by more than five (5) percent.
Response: The request will not violate this.
RECOMMENDATION: Staff recommends that the Director approve the Aspania Ltd Minor
Amendment to a Development Permit subject to the conditions in attached Administrative
Determination.
ATTACHMENTS:
1. Determination
2. Planning Engineer's Comments
Page 4 of 4
y
PITHIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Cari Anne Holcomb
FROM: Catherine Berg, Planning Engineer
Re: Aspania Ltd Minor Amendment
DATE: July 24, 2009
After reviewing the application I propose the following conditions:
- A detailed revegetation plan will be required, it shall be reviewed and
approved by Pitkin County Community Development. The plan shall
include seed mix(es) and plantings and speak specifically to revegetation
methods for steep slopes. Financial security may be required to ensure
adequate revegetation.
- The applicant shall obtain an approved Earthmoving, Clearing and
Grubbing Permit.
- The applicant shall submit a detailed Construction Management Plan that
addresses all phases of construction. The plan shall speak specifically
construction methods for accessing the site and stock piling backfill.
- The applicant shall submit a drainage and erosion control plan with the
required Earthmoving Permit. The plan shall address all temporary and
permanent erosion control measures. All historic drainage patterns shall be
maintained.
5
n I IZ~15lOrj
P.O.Box 4815
477 piginal Road, Unit B
Basah. CO 81627
Phoney (970)927-4645
Fax (970) 927-0796
torte®sopris.net
Memorandum
T0: Cari Anne Holcomb, Planner
COMPANY: Pitkin County Community Development Dept.
FROM: Tom Newland
RE: Sachs (Aspania) Residence -Final Landscape Plan for Utility Cut
DATE: November 20, 2009
Cari Anne:
Attached is a copy of the final landscape plan that has been developed based on our site trip
of 11/19/09.
The new alignment will zig-zag down the southeast side of the property where the slopes are
between 30% and 45%. Once the alignment reaches the southeast property corner, it will
turn west and follow the existing road cut down to the sewer line manhole.
Erosion Control logs (aka straw logs) will be placed every 10-feet or so down the cut to
prevent soil erosion and to allow for the placement of several serviceberry bushes. When
possible, existing shrubs that are removed for trenching will be transplanted onto the
disturbed area. The groundcover has been customized to match existing groundcover on the
site. This was done by bringing the SCS extension agent up to the property for a site specific
analysis. Finally, a temporary irrigation system will be installed to insure successful
revegetation of the cut.
Please review the attached plan and let me know what you think.
Thanks
Tom
t.and Use Planning • Permit Expedition • Project Managemenh Owner's Representative • Information Management
PO. Box 4815
417 Original Road, Unit B
Basalt, CO 81621
Phone: (970)927-4645
Fax: (9701 927 0196
tom n@sopr i s.net
June 30, 2009
Cart Anne Holcomb
Pitkin County Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: MINOR AMENDMENT TO A DEVELOPMENT PERMIT,
PARCEL ID #2737-063-OS-001
Dear Cari Anne:
Please accept this letter as my clients' request to propose a minor amendment to the
existing 1041 Hazard Review Site Plan approval for their property, located at 128 West
Reds Road on Red Mountain.
Attached to this letter as required by the Pre-application Conference Summary please
find the following materials, documents and information:
ATTACHMENT 1: Pre-Application Conference Summary Sheet
ATTACHMENT 2: Consent from the owner of the property for Newland Project
Resources, Inc. (NPRI) to represent them and to process the land use
application.
ATTACHMENT 3: Proof of Ownership of the Property.
ATTACHMENT 4: Street address and parcel description, including legal description, and
an 8-1/2"x 11"vicinity map locating the subject property within Pitkin
County.
ATTACHMENT 5: Executed Pitkin County Community Development Agreement for
Payment of Land Use Application Fees form.
ATTACHMENT 6: A copy of the recorded Administrative Determination No.
03-2006 (Reception #520253) and associated 1041 Hazard
Review Site Plan (Book 87, page 39). Copy of Red
Mountain Subdivision Plat.
OQJr~~~ ~ ~l~
Land Use Planning • Permit Expedition • Project Management • Owner's Representative • Information Management
ATTACHMENT 7: Letter from a certified geologist regarding the placement of utilities
along the slopes of the proposed activity envelope.
ATTACHMENT 8: Existing Site Plan and Slope Analysis.
ATTACHMENT 9: Draft Amended 1041 Hazard Review Site Plan prepared in
accordance with the requirements of the Land Use Code.
DESCRIPTION OF DEVELOPMENT UNDER THE PROPOSED AMENDMENT
The purpose of this minor amendment to the development permit is to allow for the
placement of a 4" sewer line and a residential gas line from the approved Activity
Envelope to the public access/utility right-of-way located adjacent to the south end of
the parcel. At the time of the original development approval, it was assumed that all
utilities could be brought to the new residence via West Reds Road. However, once
construction began, it was realized that the Source Gas line and the Aspen
Consolidated Sanitation District (ACSD) sewer line were actually located within a
public right-of-way to the south of the property. In fact, the owner was given direction
by CSD that this connection was preferred to any other option, which would involve
the placement of a long connection line and a pump station. ACSD felt that the direct
connection to the south of the property was required to reduce future maintenance
coststo the District.
The problem with accessing the sewer and gas line to the south of the property is that
the alignment ofthese new buried utility lines will cross steep slopes for
approximately 110-feet. As such, we are proposing to use utilize low-impact
construction techniques, aggressive erosion control methods, and natural reclamation
and revegetation of the site to insure minimal disturbance on the hillside.
Minor Amendment to a Deve%pment Permit Page 1
SP1D# 2737-063-OS-001
o~~~~az
MiirorAme~m~ent m a Det~e/gvment Permit Page 3
SPIO,# 2737-A53-OrrQpl
(the house shown has been demolished)
MINOR AMENDMENT CRITERIA
Any request for a Minor Amendment to a Development Permit must comply with the
criteria listed in Section 2-20-150(b) of the Pitkin County Land Use Code (hereinafter
the "Code"):
(1) The amendmentis consistent with action(s) taken during previous approvals
for the properly;
The actions taken by the county concerning the property are documented in
ATTACHMENT 6, (see above), granting Activity Envelope and Site Plan approval
for the parcel. The new amendment proposed within this application requests
changes to the recorded Activity Envelope and Site Plan so that the applicant can
best place a sewer and gas connection to the house. The amendment requests
improvements that are customarily included within a residential development
and therefore is consistent with the previous approvals.
(2) The amendment does not change the use of the proposed development
between residential, commercial and tourist accommodations;
No change of use is proposed by the amendment, as the applicant still intends to
construct a single-family dwelling unit as approved by the existing development
permit.
(3l The amendment does not change the basic character of the approved use of
land on which the activity occurs, including visual appearance and method of
operation;
The method of operation as asingle-family dwelling unit and accessory uses will
not be changed by this request. We believe that the proposed amendmentis
consistent with the basic character of the approved use as they do not increase
the overall floor area of the development.
There will be no adverse change in the overall visual impact of the proposal. The
utility lines are to be located below ground level and the approach to placement
of these lines has been designed not impact the visual nature of the property.
The trench for the lines will be kept to a minimum size (18" - 24"wide, 42"deep),
wilt be hand dug where possible and earthmoving equipment used will besmall-
scale innature (i.e. bobcats). The trench will be circuitous and indirect to as to
avoid existing mountain shrubs on the hillside. These low-impact construction
methods will keep the scaring of the hillside to less than 10-feet in width. After
backfilling and compacting the trench, aggressive erosion control methods will
be employed to the disturbed areas. Best Management Practices to be
implemented include erosion control logs placed perpendicular to the slope
Minor Amendment to a Deue%pment Permit
SPID# 2737-063-OS-001
Page 4
u~i1'~~~
every 10-feet to eliminated erosion of topsoil; and erosion control netting placed
over the seed and mulch to increase the success rate of the seeding.
Revegetation with native grasses and native shrubs will take place in a manner
that will mimic the existing vegetative pattern on the hillside. Finally, the
revegetation efforts will be enhanced by the use of starter fertilizer and
installation of a temporary watering system.
(4) The amendment does not constitute a new land development activity;
No new development activity is proposed other than a buried sewer and gas line
connection. These activities are accessory to or normally associated with
residential development and agricultural use.
(5) The amendment does not increase off-site impacts in the surrounding
neighborhood;
Off-site impacts are not expected to increase. No increase to traffic or use of the
property will occur because of this proposed amendment. The existing driveway
located south of the property will be removed to place the gas line and will be
replaced as a part ofthe project.
(6) The amendment does not endanger the public health, safety or welfare;
No increase in the potential endangerment to the public is anticipated by the
proposed amendment.
(7) The amendment does not violate any Land Use Code standard;
The requested changes to the plat will not violate any Land Use Code Standard
(see discussion of the applicable standards below).
(8) The amendment does not substantially increase the need for on-site parking or
utilities, or affect affordable housing generation;
The size and scope of residential development and on the property will not be
increased as a result of the requested amendment.
(9) The amendment does not increase the floor area of the use by more than five
(5) percent or decrease the open space on the site by more than five (5)
percent.
The allowable floor area for the property will not increase as a result of this
requested amendment. All development proposed under this amendment will be
concealed underground and will not impact the open space on the parcel.
Minor Amendment to a Deue%pment Permit
SPID# 2737-063-05-001
Page S
~~~'~0 1
STANDARDS REPORT
SECTION 7-20-20: STEEP AND POTENTIALLY UNSTABLE SLOPES
Attachment 8 contains an existing site plan and slope analysis. The proposed
alignment of the utility burial does cross slopes of greater than 30%and slopes of 45%.
This section of the land use code prohibits development on slopes of 45% or greater
except as follows:
Development is prohibited on slopes with a slope gradient equa{ to or exceeding forty-five (45)
percent, except:
(YJ Where'
(aJ The lot is in a legally platted subdivision, recorded prior to 1972, and
(bJ There is no alternative building site that avoids areas of slope exceeding forty-five (45)
percent, and
(c) An engineer or geologist licensed in the State of Colorado demonstrates that the site
can be engineered so that there is no hazard posed by the location of development on
such slopes, and
(d) The proposed development complies with all standards in subsection (c)(1) below
applicable to slapes of thirty (3oj percent or greater;
The property is known as Lot 4, 5 and 6 of Block 2 of the Red Mountain Subdivision.
The Red Mountain Subdivision is recorded at Ditch Book 2A, Page 182 in the Pitkin
County Clerk's Office (see Attachment 6). According to the plat, the lots in this
subdivision were created on July 26, 1956.
Due to the existing location of the ACSD sewer line and Source Gas line, there is no
practicable alternative site on the property to connect to these utilities that avoids
areas of slope between 30%and 45%.
Attachment 7 is a letter from a licensed geologist stating that the site can be
engineered so that there is no hazard posed by the location of the utility lines on the
steep slopes.
The utility burial shall complywith all ofthe standards in subsection 7-20-20(c)(1) as
follows:
• No water will be added to the site as a result of this proposal other than the
temporary introduction of watering for successful revegetation;
• The toe of the slope will not be removed;
• There will be no weight load on the top of the slope;
• Disturbed slopes shall be recontoured so that they can be revegetated;
• Existing slopes will not be steepened;
• Prior to application for an Earthmoving Permit, an engineer or geologist approved
mitigation plan shalt be submitted by the applicant that shows the area of
Minor Amendment to a Deve%pment Permit Page 6
SPID# 2737-063-OS-001
.~iv~,1 ;0E-
disturbed slope, any re-grading required and the exact size and location of all
mitigation devices. The mitigation measures must be determined by the
Community Development Department to be the least visually and ecologically
obtrusive alternatives.
SECTION 7-20-30: WATER COURSES AND DRAINAGE
No water courses are located on the property or proposed Activity Envelope. Of most
concern regarding the project will be centered on drainage impacts during
construction. Upon successful revegetation, the drainage patterns will return to the
pre-existing situation, and in the long term drainage patterns will stay the same.
Section 7-20-30(c) addresses the standards for drainage:
(a) Drainage
(1J GENERAL
Activities and development shall provide for:
(a) Maintenance of historical flow patterns and runoff amounts to reasonably preserve the
natural character of an area and prevent property damage attributable to runoff rate and
velocity increases, diversions, unplanned ponding and/or stormwater runoff;
(b) The unimpeded flow of natural watercourses and ditches;
(c) Adequate drainage for all low paints;
(d) A drainage system designed to account for an entire drainage basin capable of
accommodating runoff from a proposed development and, where applicable, the runoff
from areas adjacent and upstream;
(e) Maintenance of drainage systems; and
(f) On-site treatment of stormwater by use of best management practices designed to
detain and allow infiltration of runoff prior to discharge to any water body.
(2J RUNOFF VOLUMES
Runoff volumes and peaks within a development site and in areas affected by runoff from a
development site shall not exceed the runoff levels attributable to the undeveloped site as
determined by a professional engineer licensed in the State of Colorado.
An erosion control plan has been developed (See Attachment 9) to maintain historic
flows and control velocity increases and stormwater runoff. The plan addresses all of
the standards cited above using Best management Practices during construction and
aggressive revegetation of the site after construction.
After successful completion of the reclamation and revegetation plan, there will be no
change in runoff peaks and volumes.
Minor Amendment to a Deve%pment Permit Page 7
SPID# 2737-063-OS-001
_. , '.~ ~ 7
SUMMARY
Based on the information submitted in this letter, we believe that this request should
be approved as it does not affect the degree of compliance with Code standards, is
being made to a recorded set of development approvals, and is consistent with the
representations made during the original review ofthis property for development.
Thank you for considering this request. If you have any questions or requests for
additional information, please contact me at 927-4645 or tomncasopris.net.
Sincerely,
Tom Newland,
Newland Project Resources, Inc.
Minor Amendment to a Deve%pment Permit
SPID# 2737-063-OS-001
Page 8
.; ~':~ 0 ~
ATTACHMENTS
ATTACHMENT 1:
ATTACHMENT 2:
ATTACHMENT 3:
ATTACHMENT 4:
ATTACHMENT 5:
ATTACHMENT 6:
ATTACHMENT 7:
ATTACHMENT 8:
ATTACHMENT 9:
Pre-application Conference Summary
Owners Consent to Represent
Disclosure and Proof of Ownership
Address, Legal Description and Vicinity Map
Pitkin County Community Development Agreement for
Payment of Land Use Aoplication Fees
Previous Land Use Approvals
Letter from HP Geotech
Existing Conditions and Slope Analysis
Draft Amended 1041 Hazard Review Site Plan
MinorAmendment to a Deve%pment Permit
SPID# 2737-063-OS-001
Page 9
,.
;09
.ti
ATTACHMENTI
Pre-Application Conference Summary Sheet
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
PID#:2737-063-05-001
LOCATION: 128 W Reds Rd, Red Mountain Subdivision, Block 2, Lots 4, 5, 6
ZONE: R-30 SIZE: 2.05 Acres
OWNERS: Aspania Ltd.
REPRESENTATIVE: Tom Newland EMAIL: tomn(ilsooris.net
DATE: April 10, 2009 PLANNER: Cari Anne Holcomb,
970.920.5092
Type of Application: Minor Amendment to a Development Permit
Description of ProjecUDevelopment: The Applicant proposes to amend the approved
building envelope in order to relocate natural gas and sewer lines along an area of steep
slope to connect to the Aspen Consolidated Sanitation District. The Applicant should show
the location of the trench area for the utility lines on the site plan. A detailed revegetation
plan should also accompany this application. The parcel received 1041 Hazard Review,
Scenic Review and a Minor Plat Amendment approval by the Hearing Officer pursuant to
Determination No. 03-2006.
Land Use Code Sections to be addressed in letter of request (application):
Sec. 2-20-150(b): Minor Amendment to a Development Permit;
Sec. 7-20-20: Steep and Potentially Unstable Slopes;
Sec. 7-2030: Water Courses and Drainage; Specifically
Sec 7-2030(d)(9): Utility Cuts;
7
Staff will refer the application to the following agencies: Planning Engineer. `(,~,,,Q,,,,,,ra.ls ~~~
dLZM~"-
Review by: Community Development Director
Public Hearing: No.
FEES: $1,222 (Make check payable to "Pitkin County Treasurer")
• Planning Office flat fee: $748 (non-refundable; based on 3 hours of staff time. If staff
review time exceeds 3.2 hours, the Applicant will be charged for additional time above 3
hours at a rate of $249/hour)
o Web Technology Fee: $25
o Planning Engineer Referral Fee: $449
To apply, submit 2 copies of the following information, unless noted otherwise:
~ 1. Summary letter explaining the request, providing background on prior approvals and
permits, and addressing each of the provisions of the Pitkin County Land Use Code
identified above in sufficient detail to demonstrate that all substantive review criteria
have been met. Summarize existing conditions, current uses and proposed future
uses or expansions as described in Section 1.1 through 1.8 of the Pitkin County
Land Use Application Manual.
~ 2. 24" by 36" and 11" by 17" amended envelope as described in Section 2.1.12 of the
Pitkin County Land Use Application Manual;
Minor Amendment to a Deve%pment Permit
SP1D# 2737-063-OS-001
Page 10
;' '.~ .i ~~ 10
~, 3. Street address (if any) and parcel description, including legal description, and 8-1/2"x
11" vicinity map locating the subject property within Pitkin County;
~ 4. Copies of all resolutions, ordinances and approvals including any recorded drawings for
the parcel (if applicable);
5. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin
County Land Use Application Manual;
6. Consent from all owners to process application and authorizing the representative;
7. Total fee for review of the application;
8. Executed Pitkin County Community Development Agreement for Payment of Land
Use Application Fees Agreement (1 copy);
9. Copies of this Pre-Application Conference Summary Sheet form.
NOTES:
PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR
COMPLETE APPLICATION. THIS COPY SHOULD HAVE NO DOCUMENTS
LARGER THAN 11 " by 17". (PLEASE INCLUDE ONE SET OF LARGE MAPS).
- PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR
APPLICATION (IF POSSIBLE).
'r THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN
YOUR APPLICATION.
v ALL MAPS SHALL BE FOLDED
The Land Use Code is available on-line of
h ttp://www. aspenvitkin. com/depts/71/
r The Land Use Application manual is available on-line at
This pre-application conference summary is advisory in nature and not binding on
the County. The information provided in this summary is based on current zoning
standards and staff's interpretations based upon representations of the applicant.
Additional information maybe required upon a complete review of the application.
MinorAmendment to a Deve%pment Permit
SPID# 2737-063-OS-001
Page 11
~~J~1.t
~-
ATTACHMENT 2
Consent from the owner of the property for the representative named above to process
the application and represent the owner
Minor Amendment to a Deve%pment Permit
SPSD# 2737-063-OS-001
Page 12
.. , ,? 2
June 2, 2009
Re: The Sachs Residence
128 West Reds Road
Lots 4, 5, & 6 Red Mountain Subdivision
Aspen, Colorado 81611
Dear Tom Newland,
This letter to granting you authorization to work on our behalf to represent us for
the land use application. We want to ensure that the water line and gas line can
be installed properly and are relying on you to help us through the process.
Thank you for your time and help on this scope of work.
Sincerely, j
r'
j ;
Gunnar Sachs
President of Aspania
Owner's of 128 West Reds Road
-3~^~J9~13 - -- __ - -
1•:.-
ATTACHMENTI
Pre-Application Conference Summary Sheet
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
PID#:2737-063-05-001
LOCATION: 128 W Reds Rd, Red Mountain Subdivision, Block 2, Lots 4, 5, 6
ZONE: R-30 SIZE: 2.05 Acres
OWNERS: Aspania Ltd.
REPRESENTATIVE: Tom Newland EMAIL: tomnCa~sooris.net
DATE: April 10, 2009 PLANNER: Carr Anne Holcomb,
970.920.5092
Type of Application: Minor Amendment to a Development Permit
Description of ProjecUDevelopment: The Applicant proposes to amend the approved
building envelope in order to relocate natural gas and sewer lines along an area of steep
slope to connect to the Aspen Consolidated Sanitation District. The Applicant should show
the location of the trench area for the utility lines on the site plan. A detailed revegetation
plan should also accompany this application. The parcel received 1041 Hazard Review,
Scenic Review and a Minor Plat Amendment approval by the Hearing Officer pursuant to
Determination No. 03-2006.
sec. z-ZO-750(b): Minor Amendment to a Development Permit;
Sec. 7-20-20: Steep and Potentially Unstable Slopes;
Sec. 7-20-30: Water Courses and Drainage; Specifically
Sec 7-20-30(d)(9): Utility Cuts;
Staff will refer the application to the following agencies: Planning Engineer.
Review by: Community Development Director
Public Hearing: No.
FEES: $1,222 (Make check payable to "Pitkin County Treasurer')
• Planning Office flat fee: $748 (non-refundable; based on 3 hours of staff time. If staff
review time exceeds 3.2 hours, the Applicant will be charged for additional time above 3
hours at a rate of $249/hour)
o Web Technology Fee: $25
o Planning Engineer Referral Fee: $449
To apply, submit 2 co ies of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and
permits, and addressing each of the provisions of the Pitkin County Land Use Code
identified above in sufficient detail to demonstrate that all substantive review criteria
have been met. Summarize existing conditions, current uses and proposed future
uses or expansions as described in Section 1.1 through 1.8 of the Pitkin County
Land Use Application Manual.
2. 24" by 36" and 11" by 17" amended envelope as described in Section 2.1.12 of the
Pitkin County Land Use Application Manual;
~vmorHmenoment to a Deve%pmenr Permit Page 10
SPID# 2737-063-OS-001
~~Li~l~
~, . .
3. Street address (if any) and parcel description, including legal description, and 8-1/2"x
11" vicinity map locating the subject property within Pitkin County;
4. Copies of all resolutions, ordinances and approvals including any recorded drawings for
the parcel (if applicable);
5. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin
County Land Use Application Manual;
6. Consent from all owners to process application and authorizing the representative;
7. Total fee for review of the application;
8. Executed Pitkin County Community Development Agreement for Payment of Land
Use Application Fees Agreement (1 copy);
9. Copies of this Pre-Application Conference Summary Sheet form.
NOTES:
iw PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR
COMPLETE APPLICATION. THIS COPY SHOULD HAVE NO DOCUMENTS
LARGER THAN 11" by 17". (PLEASE INCLUDE ONE SET OF LARGE MAPS).
Y PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR
APPLICATION (IF POSSIBLE).
THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN
YOUR APPLICATION.
ALL MAPS SHALL BE FOLDED
Y The Land Use Code is available on-line at
http://www asvennitkin com/dents/71/
Y The Land Use Application manual is available on-line at
httn://www asnennitkin.com/vdfs/devts/7/Land Use Anvlication Manual ndf
This pre application conference summary ~s advisory ~n nature and not binding on
the County. The information provided in this summary is based on current zoning
standards and staff's interpretations based upon representations of the applicant.
Additional information maybe required upon a complete review of the application.
MinorAmendment to a Deve%pment Permit
SPID# 1737-063-OS-001
Page II
'`
I
ATTACHMENT2
Consent from the owner of the property for the representative named above to process
the application and represent the owner
Minor Amendment to a Deue%pment Permit
SP1D# 2737-063-OS-001
Page 12
V ~1 ~~ ~J 1 V
June 2, 2009
Re: The Sachs Residence
128 West Reds Road
Lots 4, 5, & 6 Red Mountain Subdivision
Aspen, Colorado 81611
Dear Tom Newland,
This letter to granting you authorization to work on our behalf to represent us for
the land use application. We want to ensure that the water line and gas line can
be installed properly and are relying on you to help us through the process.
Thank you for your time and help on this scope of work.
Sincerely, ~
;~
_..
N',.. v
Gunnar Sachs
President of Aspania
Owner's of 128 West Reds Road
~~Cj'~ 17 _ - - - -
ATTACHMENTS
Disclosure and proof of ownership of the property
MinorAmendment to a Deue%p them Per im t
SPID# 2737-063-OS-001
Page 13
;iC~~18
,~
1 ~ EXHIBIT #1
V
COMMITMENT FOA TITLE INSURANCE
~ SCHEDULER
~ 1. Effective Date: August 22, 2005 al 8:00 AM
2. Policy or Policies to be issued:
~ (a) ALTA Owners Policy-Form 1992
~ Proposedlnsured:
y
~ (b) ALTA Loan Policy-Form 1992
Proposed Insured:
Case No. PCT-9278PR0
Amount$ 0.00
Premium$ 0.00
Rate:
Amount$ 0.00
Premium$ 0.00
Rate:
~ (c) ALTA Loan Policy-Form 1992 Amounl$
~ Premium$
Proposed Insured: Rate:
Tax Certificate: $
~ 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
ASPANIA LTD., A BARBADOS CORPORATION
~ 4. The land referred to in this Commitment is situated in the County of State of COLORADO and is described
as follows:
LOTS 4, 5 AND 6,
~ BLOCK 2,
RED MOUNTAIN SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at Page 182.
!~
9~
PI7'KIN COUN7Y 7771E, INC.
607 E HOPKINS, ASPFIJ, CO. 8]677
4/0-925-7766 Phone/970-975-6527 Faz
677-2773758 Toll Free
t~
e~ AA
~~:r.;.,1~:1
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
SCHEDULE B SECTION 2
EXCEPTTONS
The policy or policies to be issued will contain exceptions fo the fdbwing unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, arty facts which a correct
survey and inspection of the premises would disdose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the dale the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted as reserved in United Stales Patent recorded in
Book 55 at Page 152.
8. Easements, rights of way and all matters as disclosed on the Plat of subject property recorded in Ditch
Book 2A at Page 182.
9. Building restriction asset forth in Deed recorded April 10, 1953 in Book 176 al Page 209.
E9 '.1 ~ L
/'
ATTACHMENT 4
Street address and parcel description, including legal description, and 8-1/2"x 11"vicinity
map locating the subject property within Pitkin County
ADDRESS
128 West Reds Road, Aspen, CO.
LEGAL DESCRIPTION
Lots 4, 5 and 6, Block 2, Red Mountain Subdivision, according to the Plat thereof recorded
in Ditch Book 22A at Page 182.
Minor Amendment to a Deve%pment Permit
SPID# 2737-063-OS-001
Page 14
,~ ~ ,_; 4
-VICINITY MAP -
MinorAmendment to a De~iopment Permit Page IS
SPID# 2737-A63-05-OIDI
,,f ' , `)
~G:~
ATTACHMENT 5
Executed Pitkin County Community Development Aoreement
for Pavment of Land Use Application Fees
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE
APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 011-2005 establishes a fee
structure for land use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness. The fee structure is based on the County's policy
that development shall pay, in full, the cost of development review in Pitkin County. Fees have been
set to be consistent and fair to the public and to reflect the expense incurred in providing such
services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it
may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall
accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners to
make legally required findings for project approval, unless current billings are paid in full prior to
decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full
fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $ 1,344.00 which is based on 6 hours of staff time, and if actual time spent by staff to
process the application exceeds the average number of hours by more than 20%, then the COUNTY
will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be
made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued
costs shall be grounds for suspension of processing.
PITKIN COUNTY
Cindy Houben,
Community Development Director
Tom Newland
June 30, 2009
c/o Aspania LTD
1900 E Tahquitz Canyon Way, #B
Palm Springs, CA 92264
Minor Amendment to a Deve%pment Permit Page I6
SPID# 2737-063-OS-001
~(.~1zr)
J lV ~ i ~-
ATTACHMENT 6
Previous Land Use Approvals
MinorAmendment to a Deve%pment Permit
SPID# 2737-063-OS--001
Page 17
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EXHIBIT #4
-DETERMINATION OF TAE HEARING OFFICER OF THE COMMiJNTTY DEVELOPMENT
DEPARTMENT OF PTTKIN COUNTY, COLORADO, APPROVING THE ASPANIA LTD 1041
HA7.ARn REVIEW, SCENIC REVIEW AND MINOR PLAT AMENDMENT
Determination No~-2006
RECTTALS
Aspania, LTD ("Applicant") has applied to the Pitkin County Hearing Officer ("Hearing Officer")
for 1041 Hazard Review, Scenic Review and Minor Plat Amendment approval to establish a
building envelope for asingle-family residence and remove Lot Lines that aze no longer relevant
due to the merger of the Lots.
2. The property is located at 0128 West Reds Road and is specifically described as Lots 4, 5 and 6,
Block 2, Red Mountain Subdivision.
3. The property is zoned R-30 and contains approximately 82,238 square feet of lot area.
4. The Hearing Officer considered this application at a duly noticed public hearing on January 17,
2006, at which time evidence and testimony were presented with respect to this application.
The Hearing Officer finds that the proposal is in compliance with the applicable Standards of the
Pitkin County Laftd Use Code.
NOW THEREFORE BE TT RESOLVED by the Pitkin County Community Development Hearing
Officer that he does hereby approve the Aspania LTD 1041 Hazard Review, Scenic Review and Minor Plat
Amendment subject to the fol lowing conditions, which shall run with the land and be binding on all
successors in interest:
The Applicant shall adhere to all conditions and material representations made in the application
and public meetings except as amended herein.
2. Prior to submittal for any building permits, the Applicant shall record a 24 X 36 inch mylar 1041
Hazard Review Site Plan in accordance with Sections 5-70-040 of the Land Use Code. A building
envelope shalt be depicted on the site plan encompassing all existing and proposed development. In
addition, the Applicant shall record an Amended Plat in accordance with Pitkin County Land Use
Code Sections 5-40 and 5-60-040. Community Development shall approve the site plan prior to
recordation.
The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standazds as can be accomplished within the boundaries of the property:
A. Brush, debris and non-ornamental vegetation shall be removed within a minimum 10'
perimeter azound all structures.
B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fiiels at
a minimum of a 60' perimeter around all structures. Aspen trees may remain.
IIIIIIIIIIIIIIIIIIIIIIII III IIIIIIIIIIII IIIIIIIIIIIIIIII 053926006 03:32
y ~ ~ R 0.00 D 0.00
Hearing Officer Determination No.~ -2006
Page 3
C.
D.
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F.
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sloped surface), the open space between grade and the underside of
projections below the roofline shall be enclosed by solid, vertical walls.
These walls shall be constructed with materials approved for one-hour
fire-resistive construction on the exterior side of the wall, and shall
extend from the top of grade to the underside of the floor decking or
walls of the projection, OR:
3. Any porch or deck or projection shall be void of vegetation below it, and
areas below such projections shall be protected from accumulation of
vegetation materials by placement of a vegetation barrier covered with
rocks or gravel, or by coverage with concrete or stone. Walls underneath
projections shall be constructed with materials approved for 1 hour
fireresistive construction on the exterior side of the wall.
Any windows on the downhill side and sides of the house shall be tempered glass. Doors
on this side (if any) shall be non-combustible, or 1'/." solid wood.
Exterior Walls and Siding shall have a minimum one-hour fire resistive rating.
Foundations, skirting and crawl space openings shall be fully enclosed and
constructed with materials approved for 1 hour fire-resistive construction on the
exterior side of the walls and shall extend from the top of grade to the underside of
the floor decking or walls.
Stilt foundations shall be fully enclosed and constructed with materials approved
for 1 hour fire-resistive construction on the exterior side of the walls and shal I
extend from the top of grade to the underside of the floor decking or walls (not
including porches, patios, etc.).
Vents shall be screened with corrosive resistant wire mesh with mesh'/< inch maximum.
Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away
from the structure.
Fences shall be kept clear of brush and debris.
Wood fences shall not connect to the structure.
Any outbuildings or additional structures shall adhere to the same standards as structures.
Fuel tanks shall be installed underground with an approved container.
Propane tanks shall be installed according to NFPA 48 standards and on a contour away
from the structure with standard defensible space vegetation mitigation around any above-
ground tank. Any wood enclosure around the tank shall be constructed with materials
approved for 2 hour fire-resistive construction on the exterior side of the walls.
Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.
Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible
and installed on anon-combustible post.
All flammable materials shall be stored on a parallel contour a minimum of 15 feet away
from any struchire.
Swimming pools shall be accessible to Fire Department vehicles.
Any fire department recommendation for individual structure water supply and storage
shall be accessible to fire department vehicles from the exterior of the structure through a
Fire Department approved mechanism (such as a fire hydrant). The amount of storage
capacity shall be determined by the fire protection district.
New utility lines shall be buried.
Roofs and gutters shall be kept clear of debris.
_~:,.. ~~ ~i~~h~~~~~~~N~~~IW r~. ewe..
Hearing Officer Determination Nom?-2006
Page 5
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIlVIES WEEKLY ON THE l lrx
DAY OF DECEMBER, 2005.
APPROVED AND ADOPTED ON THE 17TH DAY OF JANUARY 2006.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN
TIMES WEEKLY ON )ruwazu~ ~ o~(L . .
HEARING OFFICER
~A~TTEST: '~ I r~: OF PITKIN COUNTY, COLORADO
Bonnie Waechtler, t m True,
AdmiQistrative Assistant Hearing Officer
Date: ~7~F~
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
~" -~--~-,s_
~ __
~ ~ ~y(~
John Ely, Cindy oubenA~~~
County Attorney Community Development Director
Case #P213-OS
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ATTACHMENT 7
Letter from a certified geologist regarding the placement of utilities along the
slopes of the proposed activity envelope
M/nor Amendment to a Deve%pment Permit Page 18
SP10# 2737-063-OS-001
J~::;31
f}i t~'1c t ,f~'rr.{ . E'Aytirt_A ~: GG~OTEClihJ?f ~ L
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i
GEOLOGIC SITE ASSESSMENT
NEW SEWER LINE ALIGNMENT
128 WEST REDS ROAD
PITHIN COUNTY, COLORADO
JOB NO. 108 396C
JUNE 30, 2009
PREPARED FOR:
ASPANIA LTD
c/o NEWLAND PROJECT RESOURCES
ATTN: TOM NEWLAND
P.O. BOX 481.5
BASALT, COLORADO 81621
~~su::32
TABLE OF CONTENTS
PURPOSE AND SCOPE OF STUDY ........................................................................ - 1 -
PROPOSED ALIGNMENT ........................................................................................ - 1 -
SITE CONDITIONS ................................................................................................... - I -
REGIONAL GEOLOGIC SETTING .......................................................................... - 2 -
PROJECT SITE GEOLOGY ...................................................................................... - 2 -
GEOLOGIC SITE ASSESSMENT ............................................................................. - 3 -
LIMITATIONS .......................................................................................................... - 4 -
REFERENCES ........................................................................................................... - 5 -
~iru;..3
PURPOSE AND SCOPE OF STUDY
This report presents the results of a geologic site assessment for the proposed new sewer
line alignment from the residence at 128 West Reds Road to the existing sewer line at 229
Wrights Road, Pitkin County, Colorado. The purpose of the study was to evaluate the
geologic conditions and their potential impacts to the new alignment. The study was
conducted in accordance with our agreement for professional services to Aspania, LTD,
dated June 26, 2009. Previous reports for the home under construction at 128 West Reds
Road include a subsoil study (Job No. 108 396A, dated August 6, 2008) and building
excavation observation (Job No. 108 396B, dated May 11, 2009).
A field reconnaissance ofthe project site was made on June 29, 2009 to observe the
geology and potential hazards at the site. In addition, we have reviewed previous
geotechnical studies in the area, published regional geologic studies and looked at aerial
photographs. Based on this information, an assessment ofthe potential influence ofthe
geology on the proposed alignment was made. This report summarizes our findings and
presents our conclusions and recommendations.
PROPOSED ALIGNMENT
The proposed sewer line alignment starts at the southeast corner of the new home located
at 128 West Reds Road and will connect to the existing sewer line along the driveway at
229 Wrights Road. The line length is estimated to be about 200 feet and is located on a
steep hillside which slopes ..from the new residence down to the southwest. Cut depth for
the sewer line is expected to be relatively shallow, up to about 6 feet.
SITE CONDITIONS
The foundation for the new home was complete at the time ofour visit and building
construction was underway. The new residence is located on an east-west trending ridge
which gently slopes down to the west. The north slope of the ridge drops steeply down to
Job No. 7 08 396C
.~, .~~
~, , t
-2-
an irrigated field offofthe property. The new residence is located at the top ofthe south
facing slope of the ridge which drops steeply down to the southwest. The sewer line for
the new residence stubs out in the southeast comer of the building. The proposed sewer
Line from the new residence is to travel down the steep hillside to the existing sewer line
located along the driveway to the residence at 229 Wrights Road. The hillside grade
varies between about 40 to nearly 50 percent. At the south end of the proposed
alignment is an 8 foot high cut into the hillside which has been sloped back to a 1 to 1
(horizontal to vertical) grade. Hillside vegetation consists of grass and scattered to thick
brush. Scattered cobbles land small to large boulders (up to about 8 foot diameter) aze
visible on the surrounding hillside and red sandstone bedrock outcrops along the
driveway cut at the southern end ofthe alignment. No indications ofshallow
groundwater or slope instability were observed in the vicinity of the new alignment at the
time of our visit to the site.
)REGIONAL GEOLOGIC SETTING
The project site is in the Southern Rocky Mountains to the west of the Rio Grande rift and
to the east ofthe Colorado, Plateau. The closest geologically young faults that are less
than about 15,000 years old and considered capable ofgenerating lazge earthquakes aze
located in the Rio Grande rift to the east of the project site. The northern section of the
Williams Fork Mountains fault zone is located about 60 miles to the northeast and the
southern section ofthe Sawatch fault zone is located about 47 miles to the southeast. At
these distances large earthquakes on these two geologically young fault zones should not
produce strong ground shaking at the pmject site that is greater than the ground shaking
shown on the U. S. Geological Survey 2002 National Seismic Hazazds Maps (Frankel and
Others, 2002).
PROJECT SITE GEOLOGY
The predominant geologic feature along the new sewer line alignment is glacial moraine.
The moraine consists ofpoarly sorted gravel, cobbles and boulders in a silty sand matrix.
.............o »~~
-3-
Subsurface exploration confirmed glacial moraine material at the proposed residence site
(Hepworth-Pawlak Geotechnical, 2008 and 2009). Mazoon Formation bedrock underlies
the moraine and outcrops in some areas of the driveway cut for the residence at 229
Wrights Road, the southem end ofthe proposed sewer line alignment. The Mazoon
Formation consists of blocky red siltstone/sandstone with a bedding dip between about 30
to 55 degrees down to the north-northwest. The natural glacial deposits and Maroon
Formation along this ridge have had a relatively stable recettt geologic history.
GEOLOGIC SITE ASSESSMENT
There are several conditions of a geologic nature that should be considered as project
planning and design proceeds. The most significant are potential construction related
rockfall and slope instability, and bedrock outcroppings. Along the proposed alignment,
hillside grades are generally about 45 percent and scattered wbbles and boulders exist on
the surface. Two boulders about three feet in diameter were located along the existing
sewer line southeast of the new residence evidencing a rockfall hazard potential. Areas of
excavation in glacial moraine material may potentially dislodge cobbles and boulders
producing a rockfall risk to properties located down slope. Caze should be taken to
contain excavated material due to the steepness ofthe slope and block any rockfalls to
below the driveway. No indications of slope instability were observed during our site
visit on June 29, 2009, and3here is no known historical evidence of slope instability in the
area. However, over steepened slopes from construction may increase the potential of
localized slope movement. It is recommended that excavation sides be stepped or sloped
at 1:1 to reduce the risk of instability. Bedrock outcroppings were observed in cuts along
the driveway at the southem end ofthe proposed alignment. Discontinuities in the rock
may create potential slope suability issues during construction and should be evaluated as
construction proceeds. Digging will be difficult in the siltstone/sandstonebedmck and
rock excavation techniques maybe needed to reach desired excavation grades.
Job No. 108 396C
-4-
LIMITATIONS
This study has been conducted according to generally accepted engineering geology
principles and practices in this area at Utis tune. We make no warranty either express or
implied. The conclusions and recotmnendations submitted in this report are based upon
the data obtained from the field reconnaissance, review ofpublished geologic reports,
aerial photograph interpretation, and our experience in the area. This report has been
prepared for the exclusive use for our client and is an evaluation ofthe potential influence
ofthe geology on the pro}yosed sewer line alignment. We are not responsible for
technical interpretations by others of our information. Additional study will be needed if
significant design changes occur. As the excavation evolves, we should provide
continued coiLSUltation and conduct additional evaluations if subsurface a~nditions are
different than specified in,this report.
if you have any questions, or ifwe may be of further assistance, please let us lrnow.
Respectfully Submitted,
HEPWORTH - PAWLAKGEO"~~jrHy~1ICAL, INC.
kf ~J
Scott W. Richards, E.I.
Engu7eering Geologist
Reviewed by:
Steven L. Pawlak, P. ~'; y 5222
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Jnh Nn. Nii; 3950
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-5-
REFERENCES
Bryant, Bruce, 1971, Geologic Map of the Aspen Quadrangle, Pitkin County; Colorado:
Department ofthe Interior, U. S. Geological Survey.
Frankel, A. D. and Others, 2002, Documentation for the 2002 Update of the National
Seismic Hazard Maps.• U. S. Geological Survey Open File Report 02-420.
Hepworth-Pawlak Geotechnical, 2008, Subsoil Study for Foundation Design, Proposed
Residence, Lots 4, 5 and 6, Red Mountain Subdivision, 128 West Reds Road,
Aspen, Pitkin County, Colorado: Prepared for Espania, LTD. c/o Michael Fuller
Architects, Attn: Chris Beebe, Basalt, Colorado (Job No. 108 396A, August 6,
2008).
Hepworth-Pawlak Geotecbnical, 2009, Observation of Excavation, Proposed Residence,
Lots 4, S and 6, Rdd Mountain Subdivision, 128 West Reds Road, Aspen,
Colorado: Prepared for Jack Wilkie Builder, Basalt, Colorado (Job No. 108
396B, May 11, 20m9)
Job No. lOS 396C
p. _ n >
J J J J
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ATTACHMENT 8
Existing Site Plan and Slope Analysis
ATTACHMENT 9
Draft Amended Activity Envelope and Site Plan
(24 x 36 Format, Attached)
~•~~~~~~ r+~iieiiomenr ro a sieve/opment Permit Page 19
SPID# 2737-063-OS-001
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Gradi g Notes
I. Laah+A wlpltla prior to gnwdae. A eheA ie tk rerpmklAq d do ceetr+ehr, peke to
gmindbe, a datmmbe b the Add de eMUI butim ud ekwtlmu oteluktly elBida
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1 pplert prapoadp+da mat aktlwp, tMcawtnMm sh+A h1W padre ro provke+emwtA
truvhke belwmn ahtly+d xw work
J. Camrectar sWA m+leub pndtlre dnlap a dl+rae
l Cvlnly vrlrelbe to rem+b, U+A b proacW deny e+xtrectlee.
S Etrip+n mgo0 wuhb the Hartley vei Emchplh lepeull apuealy rpemmk.
d harm ne+A dull be c+mmped to pnreet vrosbe, edatbe eelAoadLLO do eed eAeW
auwtbro with the help of sMw raW+hsre.
1, AA pedx, rehowa en thtkhed Ir+des
Pitkin County A.~proved Natiye Seed Mig
The felbainp emd miz xm rcrommendod by Pd Mderty (m ezrnsbn edgt fa ydwhwe,
utlnl x+ourcm ud hotintlmn fmm C'okrMo Stye Unrvenlry) u nukh uiaiy vydmian
rperiAc ro ke alb ahh naive pnm and ahrah gads. When posriMe, ax'atly shmbe willba
raved end tnuephubd buk within dlehuhed ram. Adddkad nahs!•IAdtl. tbub will dm
be pknbd wlthb dMurhvd rem to Drcvkup megcb0ed Ika.
3•IA pl) wll he pketed ekq ant whoa Yey hlgd bql
Rud rgdlwp w hydroeeedly b+eeepuhk,+pprapd+b mekY m he me4 witlt eAMr.
Approved meklr: My, hydr+emhh, ar heeded Aber m+Mz
m M phcrd+erua etAlry cal Dace ampldrd a gmrel nn aA.
VicinjYy~~
Signature Block
Diaelsimer
Fxbanmeeal h+e+rderusgkthm etl0ltte IWpreperry, uylmprhremeeb
eed the use ud oaeury Ihergf.
Waiver
Th+pmrkmx ottkw repbtlax la xt b uywey unn er Imply Mt tlut+pptwwd
mldptlae mopes wIA pu+etx the ukty cloy wu Hake ddedpeld hard
arm MA h k+e from hegrL, mpropaty.
Applkaefs nux:
CAmmuui~Deveiotment pprovel
thk emudd edmhMnlar rite oho 6x heq revkwd etd eomoved hr the dlnnm
Slope Analysis
Cake p+xn F4rb Neeu 6d hmel Arm
^-- AAA ISm SJ AAO.T!
thlephtln6egmeepadhrAlybtheenk+afWekrkudtamrderofpltke ~--ISBO 3B,1A IAA IllAt.lf
wnty, eobrede oe ttls_dey of e.d, 1009 tlpbl
baoh_et pegr_urrerptke ea ~~~30.00 /S.OA lS7 7130ddd
_ ~-~ I5.10• f1A p1361.1!
And Hcrardvr
7 • IO G/ t3rrtcabi.y, Loratlora Sham -
kafbA Aurr+ta 51nm+wuaeLoutadlnPku
rnm~e TI+e1 sees FA a rsu, FAettng 5erh4bery
Om Off rngely, Pfd He W ppm P+yGlg
RaNOR Ta Ada Td'hrrto
I~fl
181barure PL9 imgetdd 3p•4O16ehcle PLS ItQFittigsted
Aec~entance For Recording ~- tsdetylpwkaeWthk~q
ReeommeAded for thb rite would be s blodegndAble erosion control
mdtlnettika to Act As bosh mulch And erosion cdntroL
Revegetatiou and Erosion Control Notes
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
July 14, 2009
Tom Newland
PO Box 4815
Basalt, CO 81621
tome@sopris.net
Re: Aspania Ltd Minor Amendment to a Development Permit
(CASE P065-09; PID 2737-063-OS-001)
Dear Mr. Newland:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. ,4fter a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
If you have any questions, please call Cari Anne Holcomb, the planner assigned to your case, at 920-5092.
Sincerely,
Bonnie Waechtler
Administrative Assistant
PITHIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Pitkin County Engineer
Red Mountain Homeowners Association
FROM: Cari Anne Holcomb, Community Development Department
Re: Aspania Ltd Minor Amendment to a Development Permit
(PID 2737-063-OS-001; Case P065-09)
DATE: July 14, 2009
Attached for your review and comments are materials for an application submitted by
Aspania LTD. The Pitkin County Community Development Director will review the
application.
Please return your comments to me by Friday, August 14, 2009.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY
DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM.
ON OCTOBER 1sT, 2009 PITKIN COUNTY INTENDS TO GO PAPERLESS WITH
ALL FUTURE LAND USE REFERRALS. WE WILL BE SENDING OUT LETTERS
TO OBTAIN UP TO DATE CONTACT INFORMATION. PLEASE CHECK OUT
THE LINK BELOW FOR THIS LAND USE CASE REFERRAL.
http://www.aspenpitkin.com/pdfs/depts/7/P065 09 app.pdf
If you require a paper copy of this application contact Bonnie Waechtler at
bonnie.waechtler(a~,co.nitkin.co.us or 920-5109.
Thank you.
PITKIN C~NTY COMMUNITY DEVELOlIIENT
Permit Receipt
RECEIPT NUMBER 00027903
Name: Newland Project Resources
Project Address: 128 W REDS RD
Type:
check # 3662
Permit Number
0065.2009. PLAN
0065.2009. PLAN
0065.2009. PLAN
Fee Description
PP- Flat Fee
PP- Clerk Tech Fee
PP- Planning Eng Referral Fee
Total:
Date:7/2/2009
Amount
748.00
25.00
449.00
1, 222.00