HomeMy WebLinkAboutpitkin.planning.273728302002 (2009)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and /or P &Z
Ordinance for the BOCC and /or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE SnL ASPEN LEAF,
LLC ACTIVITY ENVELOPE AND SITE PLAN REVIEW, AND SPECIAL REVIEW FOR A TDR
RECEIVER SITE
Hearing Officer Determination No. ap-2009
RECITALS
Sal, Aspen Leaf, LLC ( "Applicant") has applied to the Pitkin County Hearing Officer ( "Hearing Officer ")
for Activity Envelope Review, Site Plan Review, and Special Review for a Transferrable Development
Right (TDR) Receiver Site for an interior remodel to an existing residence, an addition of a garage, and
realignment of the driveway. Total floor area proposed is 15,000 square feet.
1. The Lot is located 45101 Hwy 82, East of Aspen. PID #: 2737 - 283 -02 -002 (Legal Description,
Attachment A).
2. The Lot is part of the Aspen Park Subdivision located in Plat Book 18, Page 23 and the Aspen Park Re-
subdivision located in Plat Book 18, Page 27 subject to BOCC Resolution No. 79 -72.
3. The Lot contains approximately 2.8 acres and is in the AR -10 zone district. The Lot is developed with a
large single family residence of 13,500 square feet with accessory residential improvements and
landscaping. The residence was constructed in 1989. A remodel recently occurred when the new
owners purchased the property.
4. The Hearing Officer considered this application at a duly noticed public hearing on December 22,
2009 at which time evidence and testimony were presented with respect to this application.
5. The Hearing Officer finds that the property has the ability to locate residential development in
compliance with Site Plan review and within a constrained free area as defined in Chapter 7. The
Lot is located within a severe wildfire hazard area and a potential debris flow and the hazards can be
mitigated and/or avoided.
6. The Hearing Officer also finds that the Lot is eligible to receive 1 TDR to construct residential floor
area from 13,500 square feet up to 15,000 square feet.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development
Hearing Officer that he does hereby approve the SnL Aspen Leaf Activity Envelope and Site Plan Review,
and Special Review for a TDR Receiver Site 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 all material representations made in the current or prior applications or
in public meetings or hearings and shall consider those representations to be conditions of approval,
unless amended by other conditions.
2. At the time of building permit submittal, the Applicant shall surrender a TDR for additional floor area
up to 15,000 square feet from a base approximately 13,500 square feet.
RECEPTION #: 567391, 0 310 412 01 0 at
03:36:53 PM,
1 OF 8. R $0.00 Doc Code
DETERMINATION
Janice K. Vos Caudill, Pitkin County, CO
Hearing Officer Determination No.( YO-2009
Page 2
3. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
4. Prior to submission of any future building permit applications, the Applicant shall be required to
submit for approval by the County Attorney and Community Development an Activity Envelope and
Site Plan that illustrates the approved building envelope in accordance with Land Use Code Section
2- 30 -20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a
condition precedent to finalization and recordation. The Site Plan shall also incorporate the following
changes:
a) Reduce the area of the Activity Envelope to existing and proposed improvements;
b) Create signing blocks for the Hearing Officer, Clerk and Recorders, and owners;
c) The Site Plan shall be on one (])sheet.
5. The Applicant shall comply with all representations made in the Site Plan Review including but not
limited to the following:
a) Utilization of earth tone colors and materials on the building fagade;
b) Installation of non - reflective roofing;
c) All lighting shall comply with the Code. There shall be no driveway lighting.
6. Prior to issuance of a building permit application for the residence, the Applicant shall:
A. Complete a fireplace /woodstove registration form with the Community Development
Department, if necessary.
B. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one
(1) acre.
C. If necessary obtain a County access /driveway /turnaround permit acceptable to the Aspen
Fire Protection District and County Engineer.
D. Submit a drainage and erosion control plan for review and approval by the Planning
Engineer. All slopes steeper than 2:1 shall utilize erosion control blankets.
E. Submit engineered plans for retaining walls greater than four feet in height and provide a
Geotech report for walls.
F. Submit a construction management plan for review and approval by the County Engineer
showing the locations of staging, material storage and employee and construction traffic
parking.
G. Pay the applicable road and employee housing impact fees.
H. Obtain a permit for construction of the ISDS if necessary.
9 Standards Applicable to All Wildfire Hazard Areas: Development is allowed in wildfire hazard areas
subject to conformance with the following development standard.
Hearing Officer Determination No. %-2009
Page 3
A. Defensible Space: The area around all buildings /structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows (note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions):
1. Brush, debris and non - ornamental vegetation shall be removed within a minimum ten -
foot (10') perimeter around all structures.
2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels
at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For
greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural
Homeowners, which provides general guidelines that may be modified by a wildfire
expert acceptable to the County).
3. Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall
be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps
shall be equal to the height of the fuel. All measurements shall be from the edges of the
crowns of the fuel.
4. All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to
a height of ten (10) feet above the ground with removal of ladder fuels from around trees
and brush.
5. Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten
(10) feet between the edges of the crowns, except for mature stands of aspen trees where
ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and
down and dead materials shall be removed.
6. All branches that extend over the roof eaves shall be trimmed and all branches within
fifteen (15) feet of chimneys shall be removed.
7. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be
reduced where natural reduction has not already occurred.
8. All deadfall up to a one hundred (100) foot perimeter shall be removed.
9. No new conifer trees shall be planted within ten (10) feet of a residence.
10. No flammable mulches shall be placed within two (2) feet of a residence.
11. The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Access
1. Access roads and driveways shall be built to County and the Aspen Fire District
standards.
C. Water Supply for Fire Safety
a) When access to a public or private pressurized water system is not available or if it is
necessary to augment fire protection water systems, private ponds may be used if
approved by the Community Development Department and the local fire district.
Hearing Officer Determination No.& -2009
Page 4
b) 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 Lot shall have a
minimum 20,000 gallon water storage tank. Verification of the closest hydrant
satisfactory to the AFPD can mitigate this requirement.
c) All new development shall conform to the appropriate building Code(s) with regard to
sprinklering structures.
D. Roofing Materials, Roofing Vents and Projections At and Below Roof Line. Unless the wildfire
expert has recommended a different method of construction, roofs and projections at or below
roof line in Low, Medium and Severe Wildfire Hazard Areas shall be constructed according to
the following specifications:
1) Medium Hazard Area
A. Roofing Materials
1. Class A covering or Class A Assembly as defined by the currently adopted
building code.
2. No wood shakes or shingles.
B. Roof Venting
1. Soffit venting shall be located in the outer 1 /3` portion of the overhang.
2. Attic, soffit and other roof venting shall be of non - corrosive metal mesh with
maximum 1 /4 " openings.
C. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs,
Fascias, or Other:
1. Sheath with non - combustible materials, or
2. Combustible materials underlain with 5/8" Type X gypboard or equal, or
3. Minimum 4x6 rafters with 2x T &G decking.
D. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or
equivalent log construction.
2. Severe Hazard Area
All requirements for Medium Wildfire Hazard Areas apply with the following
modifications:
A. Roofing Materials:
1. Class A covering or Class A Assembly as defined by the currently adopted
building code.
2. No wood shakes or shingles.
B. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs,
Fascias, or Other:
1. One (1) hour rated material or any material underlain by 5/8" Type X
gypboard or equal, or
2. "Type IV" Heavy Timber materials, per the currently adopted building code.
Hearing Officer Determination No. N -2009
Page 5
C. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
1. Construction with noncombustible or one (1) hour rated material, or material
with flame spread <25 (tested to ASTM E84 and listed for exterior use), or
2. Conventionally framed deck with waterproof surface and underside protected
with 5/8" Type X gypboard or equal (decking as "a" above), or
3. "Type IV" Heavy Timber materials: joist and beams minimum 6 "x10 ",
columns minimum 8 "x8 ", decking minimum 4" in depth, or decking as "a" above;
or equivalent log construction, or
4. Enclose projection vertically to ground with one hour fire resistive materials.
Decking as "a" above.
D. Railings
Railings must be constructed of noncombustible or "Type IV" Heavy Timber
materials.
E. Exterior of the Structure, Including All Walls
1. One (1) hour fire resistive rated materials, or
2. 5/8" gypboard underlying combustible materials, or
3. Cement stucco, minimum' /d' thickness.
4. All glazing to be tempered glazing; and
5. Doors to be metal or wood 1 %" thick minimum.
F. Foundations
Foundations, skirting, and crawl space openings shall be fully enclosed and constructed
with materials approved for one (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.
E. All Hazard Areas: Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Severe
Wildfire Hazard Areas unless they comply with the following:
1. All roof coverings shall be constructed of non - combustible materials and installed on a
Class A roof assembly.
2. All roof coverings shall have a surface that shall facilitate the natural process of clearing
roof debris.
3. Protrusions above the roofline, such as parapets, shall be prohibited.
4. Roofs shall be installed as required by the adopted Building Code and shall have a
minimum pitch of 1:48.
5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by
the Fire Marshall prior to submittal of a building permit application.
Hearing Officer Determination No.& -2009
Page 6
F. Maintenance and Miscellaneous Requirements
1. Roofs and gutters shall be kept clear of debris.
2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one - fourth
('/4) inch maximum.
3. Yards shall be kept clear of all litter, slash and flammable debris.
4. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15)
feet away from any structure.
5. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six (6) inches.
6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15)
feet away from the structure.
7. Swimming pools and ponds shall be accessible by the local fire district.
S. Fences shall be kept clear of brush and debris.
9. Wood fences shall not connect to other structures.
10. Fuel tanks shall be installed underground with an approved container.
11. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards
and on a contour away from the structure with standard defensible space vegetation
mitigation around any aboveground tank. Any wood enclosure around the tank shall be
constructed with materials approved for two (2) hour fire- resistive construction on the
exterior side of the walls.
12. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
13. The Applicant shall comply with all requirements of the Basalt Fire District Code.
14. Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be
visible at the primary point of access from the public or common access road and
installed on a non - combustible post.
The Applicant shall comply with the following general conditions regarding wildlife:
A. Manipulation of vegetation outside of the Activity Envelope is prohibited.
B. Mesh or woven wire fences are prohibited outside the Activity Envelope.
C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not
exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width
(top view), and shall have at least eighteen (18) inches between the lower two (2) rails.
D. Wire fencing must be three (3) strands or less. The top wire should be a twelve- point -five
(12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle
strands (which may be barbed) should be located a minimum twelve (12) inches apart and
from the top wire preventing entanglement when mule deer jump over. The bottom strand
should be sixteen (16) inches from the ground.
E. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two
(2) to five (5) per acre whenever possible as nesting and perching habitat.
F. to areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within
the Activity Envelope. This does not include pre- existing native trees and shrubs.
G. Development shall be clustered to the maximum extent possible to minimize impact on
wildlife.
H. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging,
studying, or otherwise managing wildlife.
I. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
Hearing Officer Determination No. 0&_2009
Page 7
J. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window,
and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All
seed feeders shall include a seed catchment pan to catch discarded seed.
K. Pet food shall not be left outside.
8. No development shall occur outside the approved envelope, with the exception of vegetation removal
necessary to comply with the wildfire mitigation measures described above. No structures shall be
permitted outside of the approved activity envelope. Applicant shall be required to obtain an
Earthmoving Permit for any work outside the approved envelope.
9. 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 building envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
10. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
11. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on
December 22, 2012.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TUVIES WEEKLY on the 22v of
November 2009.
APPROVED AND ADOPTED this 22 day of December, 2009.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the ke of fflarCk , 20J()_.
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
ATTEST:
t >L)a0CA- A W_t'
Bonnie Waechtler, Administrative Assistant
By
J es R. True, Hearing Officer
Date � C.
APPROVED AS TO FORM:- _____,_
John Ely,
County Attorney
v'
P106 -09; P"2737- 283 -02 -002
APPROVED AS TO CONTENT:
�✓ l
and ouben,
Community Development Director
/ .�4 �_ 4 4 1 .Nj 1 4
LEGAL DESCRIPTION
PARCEL ONE:
Lot 17 EXCEPT the Northeast one -half thereof,
And all of Lots 18, 19 and 20,
ASPEN PARK SUBDIVISION
According to the Plat Book 2 at Page 23
EXCEPT any portion conveyed to Department of Transportation, State of Colorado by Deed
recorded January 29, 1993 in Book 702 at Page 367 and EXCEPT any portion thereof conveyed to
the Department of Transportation, State of Colorado by Deed recorded August 29, 1956 in Book
174 at Page 526
PARCEL TWO:
Lot B
ASPEN PARK RESUBDIVISION
According to the Plat thereof recorded January 15, 1986 in Plat Book 18 at Page 27
COUNTY OF PITKIN, STATE OF COLORADO
Order Number. 913645 - -C4
ALTA Commitment (6117/06) — Schedule A
Title Officer: Linda Williams
Page 2 of 2
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TO: Jim True, Pitkin County Hearing Officer
FROM: Mike Kraemer, Planner///
RE: SnL Aspen Leaf LLC Activity Envelope, Site Plan, and Special Review for a TDR Receiver Site
DATE: December 22, 2009
REQUEST: The Applicant requests Activity Envelope, Site Plan Review, and Special Review for a TDR
receiver site for an interior remodel to an existing residence, an addition of a garage, and realignment of the
driveway.
APPLICANT: SnL Aspen Leaf, LLC
REPRESENTATIVE: Glenn Horn
LOCATION: 45101 Hwy 82, East of Aspen. P1134: 2737 - 283 -02 -002
ZONING/LOT SIZE: AR- 10/2.8 acres.
2005 AERIAL PHOTO: The parcel is highlighted in green.
Page I of
a0t000l OT 1�
BACKGROUND AND EXISTING CONDITIONS: The Lot is part of the Aspen Park Subdivision located in
Plat Book 18, Page 23 and the Aspen Park Re- subdivision located in Plat Book 18, Page 27 subject to BOCC
Resolution No. 79 -72.
The Lot is developed with a large single family residence of 13,500 square feet with accessory residential
improvements and landscaping. The residence was developed in 1989. A remodel recently occurred when the
new owners purchased the property.
REFERRAL AGENCIES: The application was referred to the East of Aspen Caucus, Aspen Fire District, and
the Planning Engineer. Comments were received from the Planning Engineer and Fire District, and incorporated
throughout this memo.
STAFF COMMENTS:
ACTIVITY ENVELOPE (7 -10 -50)
Request for an Activity Envelope and Site Plan must comply with the provisions and policies of Chapter 7. A
site visit was conducted on December 4, 2009. The Applicant has proposed an envelope that encompasses the
entire Lot. Staff would recommend that the envelope encompass only the existing and proposed development on
the Lot to eliminate any confusion on where development can occur.
STEEP AND POTENTIALLY UNSTABLE SLOPES: Land Use Code Sec. 7 -20 -20 addresses standards for
development on potentially unstable slopes;
Response: The entire lot contains slopes less than 30% with the exception of some minor slope anomalies that
exist. Placement of the garage poses no issue from a slope perspective. ,
GEOLOGIC HAZARD Land Use Code Sec. 7 -20 -50 addresses development within geologic hazard areas.
Response: The Lot is located within a mapped alluvial fan. The Applicant has provided a geologic report from
Yeh and Associates that addresses the potential debris flow hazard. The report indicates that an unnamed creek
exists on the parcel but that development of the garage is not subject to the hazard. Mitigation for the hazard was
not recommended.
The Planning Engineer has commented on the proposal and has offered that standard conditions be applied to the
Determination.
WILDFIRE: Land Use Code Subsection 7 -20 -60 addresses development in wildfire hazard areas.
Response: The Lot is mapped within a severe wildfire hazard area. The Applicant has not responded to the
wildfire section of the Code but will be required to comply with this section during construction of the garage.
The Aspen Fire District also commented on the application (Attachment A) and recommended the Applicant
supply 20,000 gallons of water for fire protection or provide verification of the closest hydrant to alleviate the
requirement.
WILDLIFE: Land Use Code Sec. 7 -20 -70 establishes standards for development in wildlife habitat areas.
Response: The Lot is not mapped within any big game ranges.
SITE PLAN REVIEW
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000002
The Applicant has requested site plan approval. This request requires a review of: (1) placement of development
within an approved activity envelope; (2) development within a scenic view protection area pursuant to section 7-
20-120(d); (3) location of structures in accordance with rural character building guidelines pursuant to section 7-
20-120(e); (4) landscaping and vegetation protection pursuant to section 7 -20 -130; and (5) lighting in accordance
with section 7 -20 -140.
DEVELOPMENT WITHIN AN ACTIVITY ENVELOPE
The location of the proposed improvements has been located within an activity envelope.
Section 7- 20 -10(c) addresses tree removal mitigation. The requirement states that all trees 6" diameter at breast
height (d.b.h.) removed within the Activity Envelope shall be replaced with one or more trees with total d.b.h. at
least equal to the caliper of the trees removed. The Applicant has committed to that requirement which will be
required to be depicted on a landscape plan and implemented.
SCENIC REVIEW
The Lot is located off Hwy 82, a scenic corridor. The existing residence is barely visible from this scenic
corridor and the garage will almost be completely blocked by existing vegetation.
All non - exempt development located within a mapped Scenic View Protection Area shall comply with the
following standards.
(1) The proposed development shall utilize existing topography and natural vegetation, such as ridges, hills,
and existing trees, to screen buildings to the maximum extent practicable when viewed from those right -
of -way listed in subsection (b) above.
Response: The Applicant has a proposed the garage behind the existing residence and away from the
scenic corridor. Existing vegetation also screens the proposed garage from the corridor.
(2) The proposed development shall avoid the location of structures within the Scenic View Protection
Areas, and shall avoid the location of structures within any Viewplane identified in the State Highway 82
Corridor Master Plan and Down Valley Comprehensive Plan if possible. If location outside the Scenic
View Protection Area and defined Viewplanes is not practicable, then the proposed development shall
not be located on the highest ground or most visible portion of any site as viewed from those corridors
listed in subsection (b) above.
Response: There are no scenic viewplanes associated with this Lot and the Applicant has sited the
garage away from the scenic view protection area.
(3) The proposed development's height and bulk shall be designed to avoid, to the maximum extent
practicable, the visibility of buildings from those corridors listed in subsection (b) above. This may
include, but shall not be limited to, breaking the mass of the building down into a series of smaller forms,
articulation of the building favades to avoid a wall or row effect, and staggering roofines to avoid a
long unbroken plane.
Response: The garage has been designed to integrate into the existing residence which utilized
staggered rooflines and varying mass.
(4) The proposed structure shall be placed so it does not project above a ridgeline such that a structure
silhouettes against the sky when viewed from those corridors listed in subsection (b), unless there are no
alternate building sites on the lot or parcel.
Response: The structure will not project above a ridgeline as viewed from Hwy 82.
Page 3 of 7
(5) The proposed development shall be designed to complement the natural topography of the land through
the use of techniques such as earth - sheltered design, the use of natural materials and coloring, the use of
low - reflectance materials, or clustering of structures on the least visible portions of the site. When a
building is proposed near a ridgeline, then its form (particularly its roof form) shall replicate, parallel,
or complement the natural form of the ridgeline so that it appears to be an element of the natural
ridgeline.
Response: Topography is not an option for the Applicant to use as a technique for the garage. The
garage will not project above a ridgeline.
(6) The proposed development shall preserve natural vegetation and avoid development within irrigated
meadows, to the maximum extent practicable.
Response: Natural vegetation will be required to be preserved. There is no irrigated pasture on this site.
(7) The proposed development shall install utilities in locations and through procedures that minimize visual
impacts to the maximum extent practicable.
Response: Utilities that service the existing residence will also service the garage, if needed.
(8) All satellite dishes in the proposed development shall be located to minimize visibility from those rights -
of -way listed in subsection (b), and shall use earth tone colors and/or screening to minimize their visual
impact.
Response: Satellite dishes do not appear on the architectural renderings of the residence. Regardless, the
Applicants will be conditioned to comply with this requirement.
(9) The proposed development shall not use earth moving and berms as the primary means of compliance
with these regulations, but earth moving may be utilized in conjunction with other techniques to comply
with standards in this section. Where earth moving techniques are necessary, man -made forms should be
undulating and natural in appearance.
Response: The Applicant has not proposed berming to screen the garage.
(10) The exterior of all development, except development located and designed in the form of a ranch
compound, shall be built or painted with indigenous earth tone materials or colors. The exterior of a
ranch compound should be built or painted with indigenous earth tone materials, or shall be painted or
stained using local, traditional ranch colors, which shall include shades of red, brown, or white. Paints
or stains that simulate weathered barn wood also shall be permitted
Response: The Applicant will be conditioned to use natural earth tone colors.
(11) All roofs shall have a non - reflective color or composition. Reflective roof materials shall not be used
unless the materials are treated prior to installation to eliminate reflection, with the exception of
materials associated with solar or photovoltaic equipment.
Response: The Applicant will be conditioned to use non - reflective roofing and also comply with the
appropriate exterior lighting standards.
Page 4 of 7
(12) Lands disturbed by earth moving or berms should be revegetated using native species that are already
growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas. Irrigation shall
be provided to the revegetated areas if it is necessary to ensure survival ofplanted native species.
Response: The Applicant will be required to submit a revegetatation plan for disturbed areas during
construction of the garage.
(13) To the maximum extent practicable, roads and driveways shall be located to skirt the edge of and avoid
dividing meadows and pastures and to avoid major road cuts. Roads and driveways should take
advantage of the screening potential of natural topography and existing vegetation. Existing roads and
driveways shall be used where practical. To enhance screening, a row of trees may be planted along the
roads or driveways. To the maximum extent practicable, roads and driveways located around the edge
of or in meadows shall be laid out with soft, curving edges and shall avoid straight line corridors that
are incongruous with the natural setting.
Response: Not applicable.
RURAL CHARACTER BUILDING LOCATION GUIDELINES:
Section 7- 20- 120(e) outlines guidelines for development in the rural area of Pitkin County:
Response: The Applicant has shown compliance with these guidelines. The garage is attached to the residence
and essentially clustered with development on the Lot.
LANDSCAPING AND VEGETATION PROTECTION:
Land Use Code Sec. 7 -20 -130 is intended to preserve existing vegetation on a development site to the maximum
extent possible.
Response: The Applicant has committed to preserving natural vegetation on the site. Disturbed areas will be
required to be revegetated with an approved landscape plan.
LIGHTING:
Land Use Code Sec. 7 -20 -140 is applicable for all lighting in the County.
Response: The Applicants have not provided a lighting plan. Nonetheless, all lighting will be required to
conform to section 7 -20 -140 of the Code.
ACCESS: The access point to the existing residence off Hwy 82 will remain, however the interior of the
driveway near the residence will be altered. The Applicant has indicated the realignment on the site plan. Staff
has no concern with the realignment but the Aspen Fire District will need to approve the plan at access permit
review.
SPECIAL REVIEW FOR A TDR RECEIVER SITE
For a parcel to receive a TDR in the Rural Area Special Review approval must be granted. The parcel is zoned
AR -10 and is eligible to receive TDR's up to 15,000 square feet, however compliance with the following
standards must be achieved (see Subsection 2- 30 -30):
A. The special review use shall consider the applicable County Master Plan.
Response: The special review use for a TDR Receiver site is not prohibited in the East of Aspen Master Plan.
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0,L01365
R The special review use shall not conflict with any applicable sections of the Pitkin County Land Use
Code, including the County Land Use Policies in Chapter 1.
Response: The use is consistent with the Pitkin County Land Use Code and the Land Use Policies if conditions
in the attached Determination are adhered to.
C. The proposed development must not materially endanger the public health, safety or welfare.
Response: Staff has no reason to believe that the proposed use of the TDR from 13,500 square feet up to 15,000
square feet will endanger the public health, safety or welfare of the public.
D. The proposed development must not substantially injure the value of adjoining or abutting property.
Response: Staff has no reason to believe that the proposed use of the TDR up to 15,000 square feet will
substantially injure adjoining property values. Many other large residences reside in this area east of Aspen.
E. The special review use shall be consistent with the intent of the zone district in which it is proposed to
be located.
Response: The AR -10 zone district allows for residences to be constructed up to 15,000 square feet through
special review.
F. The special review use shall be compatible with the character of the immediate vicinity of the parcel
proposed for development and surrounding land uses, or shall enhance the mixture of complimentary
uses and activities in the immediate vicinity of the parcel proposed for development.
Response: The special review request can be considered compatible with the character of the immediate
vicinity of the Lot and land uses. Other lots East of Aspen have landed TDR's in the area more specifically in
the Popcorn area and further east.
G. The location, size, design and operating characteristics of the proposed special review use must be in
harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts
on pedestrian and vehicular circulation, traffic generation, parking, trash, .service delivery, air /water
pollution or other impacts on natural resources, noise, vibrations and odor on surrounding
properties.
Response: The Applicant has provided elevation renderings of the garage and pictures from Hwy 82. The
visual impact from the Hwy will be negligible.
K There must be adequate public facilities and services to serve the special review use, including but
not limited to roads, potable water, sewer, solid waste, parks, police, fare protection, emergency
medical services, hospital and medical services, drainage systems, and schools.
Response: Staff feels that the above mentioned public facilities and services will receive negligible impacts
from landing the TDR and constructing a garage on this site.
The proposed special review use must comply with any additional standards or requirements stated
for such use in Sec. 4 -30 and /or 2- 40 -20.
Response: Not applicable.
Page 6 of 7
RECOMMENDATION: Staff recommends approval of the SnL Aspen Leaf Activity Envelope, Site Plan
Review, and Special Review for a TDR Receiver Site subject to the attached Hearing Officer Determination.
Attachments
A. Planning Engineer
B. Aspen Fire District comments
Page 7 of 7
OiC090 i
fir -+cam`
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
MEMORANDUM
To: Mike Kraemer
FROM: Catherine Berg, Planning Engineer
Re: SNL Aspen Leaf LLC
DATE: November 16, 2009
After reviewing the application I propose the following conditions:
➢ A detailed drainage and erosion control plan shall be submitted with each
development permit. If the development disturbs one (1) acre or more a
State Stormwater Permit shall be applied for and obtained. All historic and
natural drainage patterns shall be maintained.
➢ A detailed revegetation plan will be required. Plan shall be reviewed and
approved by Pitkin County Community Development. The plan shall
include a tree mitigation plan for the removal of any trees larger than 6"
DBH.
➢ Any and all walls four (4) feet or higher shall be engineered. All retaining
walls should be limited to seven (7) feet in height. Any proposed walls
within the setback, over six (6) feet in height shall be approved by the
Board of Adjustment prior to issuance of permit.
➢ Prior to the approval of any water features the applicant(s) shall
demonstrate that they have adequate water rights.
➢ All water features shall be lined to prevent leakage and/or flooding of the
development.
➢ The applicant shall obtain an approved Access Permit for substantial
improvements to the driveway. The application shall include:
• Compliance with the requirements of the Fire Department
regarding access.
• Improvements to bring the driveway to current County standard
width of 16 feet.
➢ The applicant shall submit a detailed Construction Management Plan that
addresses all phases of construction.
➢ At building permit the applicant shall provide a site evaluation and
recommendations of a qualified professional engineer or geologist in the
State of Colorado in regard to the potential for debris flow on the property.
,J
Michael Kraemer
From:
Ed Van Walraven
Sent:
Friday, December 11
To:
Michael Kraemer
Subject:
Aspen Leaf LLC.doc
Hey Mike,
Aspen Leaf LLC 45101 HWY 82
Call me if you have any questions
Ed
2009 2:13 PM
Memo
TO: Mike Kraemer, Community Development Department
From: Ed Van Walraven, Fire Marshal
CC:
Data December 11, 2009
Ra Aspen Leaf LLC PID # 2737 - 283 - 02 - 002, Case P106 -
Mike,
This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes
but is not limited to Fire Department Access (International Fire Code 2003 Edition Section 503), Turning
around of fire apparatus (IFC Section 503.2.5), Due to location an approved fire sprinkler system shall be
provided in all structures regardless of size (IFC as amended Section 903), Water supply, a minimum of
20,000 gallons shall be provided (IFC Section 508), a detailed wildfire mitigation plans for both landscaping
and structural standpoints shall be submitted.
Confirmation of the nearest fire hydrant or adequate water supply shall be provided to mitigate the 20,000
gallon water supply requirement.
Please have the applicant contact the Fire Marshal's Office for specifications on the above requirements.
Thank you,
Ed
LiJ�
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITIM COUNTY, COLORADO, APPROVING THE SnL ASPEN LEAF,
LLC ACTIVITY ENVELOPE AND SITE PLAN REVIEW, AND SPECIAL REVIEW FOR A TDR
RECEIVER SITE
Hearing Officer Determination No. -2009
RECITALS
SnL Aspen Leaf, LLC ( "Applicant ") has applied to the Pitkin County Hearing Officer ( "Hearing Officer ")
for Activity Envelope Review, Site Plan Review, and Special Review for a Transferrable Development
Right (TDR) Receiver Site for an interior remodel to an existing residence, an addition of a garage, and
realignment of the driveway. Total floor area proposed is 15,000 square feet.
1. The Lot is located 45101 Hwy 82, East of Aspen. PID #: 2737- 283 -02 -002 (Legal Description,
Attachment A).
2. The Lot is part of the Aspen Park Subdivision located in Plat Book 18, Page 23 and the Aspen Park Re-
subdivision located in Plat Book 18, Page 27 subject to BOCC Resolution No. 79 -72.
3. The Lot contains approximately 2.8 acres and is in the AR -10 zone district. The Lot is developed with a
large single family residence of 13,500 square feet with accessory residential improvements and
landscaping. The residence was constructed in 1989. A remodel recently occurred when the new
owners purchased the property.
4. The Hearing Officer considered this application at a duly noticed public hearing on December 22,
2009 at which time evidence and testimony were presented with respect to this application.
5. The Hearing Officer finds that the property has the ability to locate residential development in
compliance with Site Plan review and within a constrained free area as defined in Chapter 7. The
Lot is located within a severe wildfire hazard area and a potential debris flow and the hazards can be
mitigated and/or avoided.
6. The Hearing Officer also finds that the Lot is eligible to receive 1 TDR to construct residential floor
area from 13,500 square feet up to 15,000 square feet.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development
Hearing Officer that he does hereby approve the SnL Aspen Leaf Activity Envelope and Site Plan Review,
and Special Review for a TDR Receiver Site 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 all material representations made in the current or prior applications or
in public meetings or hearings and shall consider those representations to be conditions of approval,
unless amended by other conditions.
2. At the time of building permit submittal, the Applicant shall surrender a TDR for additional floor area
up to 15,000 square feet from a base 13,500 square feet.
un" 0
Hearing Officer Determination No. -2009
Page 2
3. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
4. Prior to submission of any future building permit applications, the Applicant shall be required to
submit for approval by the County Attorney and Community Development an Activity Envelope and
Site Plan that illustrates the approved building envelope in accordance with Land Use Code Section
2- 30 -20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a
condition precedent to finalization and recordation. The Site Plan shall also incorporate the following
changes:
a) Reduce the area of the Activity Envelope to existing and proposed improvements;
b) Create signing blocks for the Hearing Officer, Clerk and Recorders, and owners;
c) The Site Plan shall he on one (1) sheet.
5. The Applicant shall comply with all representations made in the Site Plan Review including but not
limited to the following:
a) Utilization of earth tone colors and materials on the building fapade;
b) Installation of non - reflective roofing;
c) All lighting shall comply with the Code. There shall be no driveway lighting.
6. Prior to issuance of a building permit application for the residence, the Applicant shall:
A. Complete a fireplace /woodstove registration form with the Community Development
Department, if necessary.
B. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one
(1) acre.
C. If necessary obtain a County access /driveway /turnaround permit acceptable to the Aspen
Fire Protection District and County Engineer.
D. Submit a drainage and erosion control plan for review and approval by the Planning
Engineer. All slopes steeper than 2:1 shall utilize erosion control blankets.
E. Submit engineered plans for retaining walls greater than four feet in height.
F. Submit a construction management plan for review and approval by the County Engineer
showing the locations of staging, material storage and employee and construction traffic
parking.
G. Pay the applicable road and employee housing impact fees.
H. Obtain a permit for construction of the ISDS.
9 Standards Applicable to All Wildfire Hazard Areas: Development is allowed in wildfire hazard areas
subject to conformance with the following development standard.
A. Defensible Space: The area around all buildings /structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows (note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions):
1. Brush, debris and non - ornamental vegetation shall be removed within a minimum ten -
foot (10') perimeter around all structures.
Lu"tj99 ll
Hearing Officer Determination No. -2009
Page 3
2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels
at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For
greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural
Homeowners, which provides general guidelines that may be modified by a wildfire
expert acceptable to the County).
3. Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall
be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps
shall be equal to the height of the fuel. All measurements shall be from the edges of the
crowns of the fuel.
4. All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to
a height of ten (10) feet above the ground with removal of ladder fuels from around trees
and brush.
5. Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten
(10) feet between the edges of the crowns, except for mature stands of aspen trees where
ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and
down and dead materials shall be removed.
6. All branches that extend over the roof eaves shall be trimmed and all branches within
fifteen (15) feet of chimneys shall be removed.
7. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be
reduced where natural reduction has not already occurred.
8. All deadfall up to a one hundred (100) foot perimeter shall be removed.
9. No new conifer trees shall be planted within ten (10) feet of a residence.
10. No flammable mulches shall be placed within two (2) feet of a residence.
11. The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Access
1. Access roads and driveways shall be built to County and the Aspen Fire District
standards.
C. Water Supply for Fire Safety
a) When access to a public or private pressurized water system is not available or if it is
necessary to augment fire protection water systems, private ponds may be used if
approved by the Community Development Department and the local fire district.
b) 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 Lot shall have a
minimum 20,000 gallon water storage tank. Verification of the closest hydrant
satisfactory to the AFPD can mitigate this requirement.
c) All new development shall conform to the appropriate building Code(s) with regard to
sprinklering structures.
0 0 1) 12
Hearing Officer Determination No. _ -2009
Page 4
D. Roofing Materials, Roofing Vents and Projections At and Below Roof Line. Unless the wildfire
expert has recommended a different method of construction, roofs and projections at or below
roof line in Low, Medium and Severe Wildfire Hazard Areas shall be constructed according to
the following specifications:
1) Medium Hazard Area
A. Roofing Materials
1. Class A covering or Class A Assembly as defined by the currently adopted
building code.
2. No wood shakes or shingles.
B. Roof Venting
1. Soffit venting shall be located in the outer 1 /3 rd portion of the overhang.
2. Attic, soffit and other roof venting shall be of non - corrosive metal mesh with
maximum ' / a" openings.
C. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs,
Fascias, or Other:
1. Sheath with non - combustible materials, or
2. Combustible materials underlain with 5/8" Type X gypboard or equal, or
3. Minimum 4x6 rafters with 2x T &G decking.
D. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or
equivalent log construction.
2. Severe Hazard Area
All requirements for Medium Wildfire Hazard Areas apply with the following
modifications:
A. Roofing Materials:
1. Class A covering or Class A Assembly as defined by the currently adopted
building code.
2. No wood shakes or shingles.
B. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs,
Fascias, or Other:
1. One (1) hour rated material or any material underlain by 5/8" Type X
gypboard or equal, or
2. "Type IV" Heavy Timber materials, per the currently adopted building code.
C. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
1. Construction with noncombustible or one (1) hour rated material, or material
with flame spread <25 (tested to ASTM E84 and listed for exterior use), or
2. Conventionally framed deck with waterproof surface and underside protected
with 5/8" Type X gypboard or equal (decking as "a" above), or
Hearing Officer Determination No. -2009
Page 5
3. "Type IV" Heavy Timber materials: joist and beams minimum 6"x10",
columns minimum 8"x8", decking minimum 4" in depth, or decking as "a" above;
or equivalent log construction, or
4. Enclose projection vertically to ground with one hour fire resistive materials.
Decking as "a" above.
D. Railings
Railings must be constructed of noncombustible or "Type IV" Heavy Timber
materials.
E. Exterior of the Structure, Including All Walls
1. One (1) hour fire resistive rated materials, or
2. 5/8" gypboard underlying combustible materials, or
3. Cement stucco, minimum 3 /d' thickness.
4. All glazing to be tempered glazing; and
5. Doors to be metal or wood 1 3 /d' thick minimum.
F. Foundations
Foundations, skirting, and crawl space openings shall be fully enclosed and constructed
with materials approved for one (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.
E. All Hazard Areas: Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Severe
Wildfire Hazard Areas unless they comply with the following:
1. All roof coverings shall be constructed of non - combustible materials and installed on a
Class A roof assembly.
2. All roof coverings shall have a surface that shall facilitate the natural process of clearing
roof debris.
3. Protrusions above the roofline, such as parapets, shall be prohibited.
4. Roofs shall be installed as required by the adopted Building Code and shall have a
minimum pitch of 1:48.
5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by
the Fire Marshall prior to submittal of a building permit application.
Hearing Officer Determination No. -2009
Page 6
F. Maintenance and Miscellaneous Requirements
1. Roofs and gutters shall be kept clear of debris.
2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one - fourth
( inch maximum.
3. Yards shall be kept clear of all litter, slash and flammable debris.
4. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15)
feet away from any structure.
5. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six (6) inches.
6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15)
feet away from the structure.
7. Swimming pools and ponds shall be accessible by the local fire district.
8. Fences shall be kept clear of brush and debris.
9. Wood fences shall not connect to other structures.
10. Fuel tanks shall be installed underground with an approved container.
11. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards
and on a contour away from the structure with standard defensible space vegetation
mitigation around any aboveground tank. Any wood enclosure around the tank shall be
constructed with materials approved for two (2) hour fire- resistive construction on the
exterior side of the walls.
12. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
13. The Applicant shall comply with all requirements of the Basalt Fire District Code.
14. Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be
visible at the primary point of access from the public or common access road and
installed on a non - combustible post.
The Applicant shall comply with the following general conditions regarding wildlife:
A. Manipulation of vegetation outside of the Activity Envelope is prohibited.
B. Mesh or woven wire fences are prohibited outside the Activity Envelope.
C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not
exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width
(top view), and shall have at least eighteen (18) inches between the lower two (2) rails.
D. Wire fencing must be three (3) strands or less. The top wire should be a twelve- point -five
(12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle
strands (which may be barbed) should be located a minimum twelve (12) inches apart and
from the top wire preventing entanglement when mule deer jump over. The bottom strand
should be sixteen (16) inches from the ground.
E. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two
(2) to five (5) per acre whenever possible as nesting and perching habitat.
F. In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within
the Activity Envelope. This does not include pre- existing native trees and shrubs.
G. Development shall be clustered to the maximum extent possible to minimize impact on
wildlife.
H. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging,
studying, or otherwise managing wildlife.
I. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
Hearing Officer Determination No. -2009
Page 7
Bird feeders, including hummingbird feeders, shall be hung away from any deck or window,
and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All
seed feeders shall include a seed catchment pan to catch discarded seed.
K. Pet food shall not be left outside.
8. No development shall occur outside the approved envelope, with the exception of vegetation removal
necessary to comply with the wildfire mitigation measures described above. No structures shall be
permitted outside of the approved activity envelope. Applicant shall be required to obtain an
Earthmoving Permit for any work outside the approved envelope.
9. 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 building envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
10. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
11. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on
December 22, 2012.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 22 of
November 2009.
APPROVED AND ADOPTED this 22 day of December, 2009.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the day of , 20
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
ATTEST:
James R. True, Hearing Officer
Date
Bonnie Waechtler, Administrative Assistant
APPROVED AS TO FORM:
John Ely,
County Attorney
APPROVED AS TO CONTENT:
4 'Ax,e C��tc,,�l`Q ' C H
Cindy Houben,
Community Development Director
P106 -09; PID42737 -283 -02 -002
LC1)°316
LEGAL DESCRIPTION
PARCEL ONE:
Lot 17 EXCEPT the Northeast one -half thereof,
And all of Lots 18, 19 and 20,
ASPEN PARK SUBDIVISION
According to the Plat Book 2 at Page 23
EXCEPT any portion conveyed to Department of Transportation, State of Colorado by Deed
recorded January 29, 1993 in Book 702 at Page 367 and EXCEPT any portion thereof conveyed to
the Department of Transportation, State of Colorado by Deed recorded August 29, 1956 in Book
174 at Page 526
PARCEL TWO:
Lot B
ASPEN PARK RESUBDNISION
According to the Plat thereof recorded January 15, 1986 in Plat Book 18 at Page 27
COUNTY OF PITKIN, STATE OF COLORADO
Order Number. 917645 - -C4
ALTA Commitment (6 /17/06) — Schedule A
Title Officer: Linda Williams
Page 2 of 2
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title guaranty company
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Davis Horn.-
PLANNING & REAL ESTATE CONSULTING
October 6, 2009
Suzanne Wolff AICP
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: SnL Aspen Leaf LLC Special Review for Transferable Development Right for
Additional Floor Area, Activity Envelope & Site Plan Review (45101 State Highway,
PID # 2737- 283- 02 -002)
Dear Suzanne:
Davis Horn Incorporated represents SnL Aspen Leaf LLC (applicant) in this requ_rst-fn> land use
approvals for 45101 State Highway 82 (SH 82) Le r o The
applicant is requesting Special Review for Transferable Development Rights (TDR) for
Additional Floor Area, Scenic View Protection and Vested Property Rights land use approvals to
construct an addition to an existing single family dwelling unit. Attachment 1 is a Vicinity Map
which shows the location of the 2.7 +/- acre property.
This land use application includes the following sections.
Background;
• Site Description;
• Project Description;
• Land Use Approvals; and
• Summary.
BACKGROUND
In 1979, the Board of County Commissioner approved Resolution 79 -12 which re- subdivided lots
17 -30 of the Aspen Park Subdivision to create three separately developable lots (see Attachment
2). Attachment 3 is a copy of the Subdivision Exemption Plat of the Aspen Park Re- Subdivision
which created Parcels A and B. Parcel B encompasses Lots 21, 22, 23 and 24 of the original
Subdivision. Attachment 4 is an Improvement Survey of the subject site prepared by Aspen
215 SOUTH MONARCH ST.
000001 9 7Z_
ALICE DAVIS AICP S GLENN HORN AICP
SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180
adavis @rof.net ghorn @rof.net
A
Survey Engineers, Inc. The property was developed with a single family dwelling unit in 1989.
There was an extensive remodel and expansion completed in 1999.
SITE DESCRIPTION
The site is improved with a six bedroom single family dwelling. The house contains
approximately 13,500 square feet of floor area.
Attachment 4, the Improvement Survey shows that property is accessed from SH 82 and shares a
driveway with the single family dwelling unit which is located to the south of the property on
Aspen Park Subdivision, Parcel A. The survey shows that the property has gentle slopes,
generally less than 30 percent. The lots located to the south and north are improved with a single
family dwelling units. There are several single family dwelling units located across SH 82 at the
base of Richmond Ridge /Little Annie.
Attachment 5 is a 2005 digital orthophoto of the site prepared by the Aspen/Pitkin GIS
Department shows the property is heavily vegetated. The photo shows the vegetation is so dense
that the house is not visible from SH 82.
PROEJCT DESCRIPTION
The applicant is requesting approval to remodel and expand the existing house to increase the size
to 15,000 square feet. Additionally, the driveway is proposed to be and realigned to approach the
garage which will be relocated to the south side of the house. Refer to Attachment 6 which
depicts the existing house and driveway. Attachments 7 and 8 show the Overall Site Plan and the
Enlarged Site Plan. Attachments 9 -14 depict the proposed conceptual elevations. The final plans
for the house will be generally consistent with the elevations. Due to the dense existing vegetation
the house is not visible from SH 82.
The proposed driveway realignment is depicted on the Overall Site Plan and Enlarged Site Plan
(see Attachments 7 & 8). The Plans show a vehicular turn around area on the north side of the
house and a new garage on the south side of the house. The existing garage will be converted to
bedrooms (see Attachment 6). The overall number of bedrooms in the house will not increase,
however some bedrooms will be relocated. Attachment 15 depicts the plan profile of the
realigned driveway. The driveway grade will generally be 10 percent or less with one exception.
Approximately a 10 foot section of the existing driveway has a grade of 15 percent. The
applicant is not proposing any changes to this existing section of the driveway. Retaining walls
are proposed within the setback to the southeast of the garage. The walls will be seven feet in
height or less. There will be a landscaped area located between the walls.
000062
LAND USE APPROVALS
The following sections address the land use approvals identified in the pre - application conference.
The pre- application conference summary sheet appears as Attachment 16. The applicant is
seeking the following land use approvals.
• Activity Envelope and Site Plan Criteria for Approval (Section 2 -30 -20 g);
Activity Envelope and Site Plan (Section 7 -10 -50 & 60);
• Site Preparation and Grading (Section 7- 20 -10);
• Steep and Potentially Unstable Slopes (Section 7- 20 -20):
• Water Courses and Drainage (Section 7- 20 -30);
• Geologic Hazards (if applicable Section 7- 20 -50);
• Wildlife Habitat — Adjacent to Field Verified Elk Winter Range (Section 7 -20-
70);
• Standards for Scenic View Protection Areas (Section 7 -20 -120 {d));
• Landscaping and Vegetation Protection (Section 7 -20 -130);
Lighting (Section 7 -20 -140)
• Roads, Driveways and Parking (Section 7 -20 -140);
• Public Services and Utilities (Section 7 -50);
• Special Review Criteria for TDR Receiver Site (Section 2- 30- 30 1h));
• GMQS Exemption for Additional Floor Area using TDR's (Section 6- 30- 50 {b));
• Land Use Policies (Section 1 -60);
• Vested Property Rights (Section 2 -20 -170)
The following sections of the land use application demonstrate compliance with the preceding
Land Use Code standards.
Activity Envelope Criteria for Approval
Section 2- 30- 20(g)(3)
An application for designation of an Activity Envelope shall be approved if it complies with the
standards and criteria established in Sec. 7- 10 -50. If the applicant chooses to apply for definition
of an Activity Envelope separately from approval of a Site Plan , the Activity Envelope shall be
designed to accommodate the largest home and related septic field possible on the site pursuant
to Table 5 -1 after the use of TDRs or a GMQS allocation to increase house size. The definition of
an Activity Envelope based on a maximum house size and septic field shall not create any
presumption that a Site Plan for a house at the same size can or will be approved pursuant to this
Land Use Code. The applicant may specify that the Activity Envelope is being created for a house
smaller than the maximum allowed under Table 5 -1, and in that event the Activity Envelope will be
designed to accommodate a house and septic field of that size. Where the property contains
Constrained Area s, the Community Development Department staff shall follow those Priorities for
Locating New Activity or Development listed in Sec. 7- 10 -60. Actual siting of the septic field shall
require final approval pursuant to the Environmental Health and Natural Resources On -Site
Wastewater Treatment System regulations.
The proposed Activity Envelope is depicted on Attachments 7 and 8. The Activity Envelope has
been designed to avoid constrained areas to the maximum extent possible. There are some small
areas with slopes in excess of 30 percent and the site is mapped as being located on an alluvial fan
hazards. These constraints either do not require mitigation or can be mitigated. The proposed
realigned driveway and house expansion are the only new development requested in this land use
application.
Site Plan and Activity Envelope
Section 7 -10 -50 & 60
The intent of this Chapter 7 is to allow activities and development to take place where they comply
with the provisions of this Land Use Code and with the Pitkin County Comprehensive Plan for the
area. Compliance will generally involve avoidance of "Constrained Areas" through the
identification of an "Activity Envelope," as well as approval of a Site Plan. For purposes of Chapter
7, "Constrained Areas" include all areas included in each of the following categories, as defined
and regulated by this Land Use Code: (1) Areas of Statewide Interest listed in C.R.S. 24- 65.1 -101 et.
seq.), (ii) steep and potentially unstable slopes, (iii) water courses, drainage channels, and areas
subject to erosion, (iv) floodplain hazard areas, (v) geological hazard areas, (vi) severe or low to
moderate wildfire hazard areas, (vii) wildlife habitat areas, (viii) river and stream corridors and
wetlands (ix) irrigated lands for food or crop production, (x) historic preservation areas, and (xi)
archeological resource areas.
The Site Plan process incorporates an "Activity Envelope" approach in which the County staff
works with the applicant to determine which portions of the site (if any) would permit the proposed
activity or development to be conducted in compliance with this Land Use Code and in conformity
with the Comprehensive Plan for the area. In general, this process will involve both a
determination of (i) which portions of the site are not available for development because of the
existence of Constrained Areas, and (ii) of the remaining portions of the site, which areas would
accommodate the activity or development so as to minimize impacts on surrounding properties,
maximize compliance with the requirements of the development standards in this Chapter 7, and
maximize compliance with the Comprehensive Plan goals and objectives.
In general, the defined Activity Envelope for development of primary uses shall be large enough to
accommodate the proposed principal use of the property and traditional permitted accessory
structures, infrastructure (roads and septic systems), and uses, but should not be significantly
larger than the area needed for such structures. In the case of a site with few Constrained Areas,
the defined Activity Envelope may include more than one potential building site for a new single
family home. The defined Activity Envelope may include non - contiguous areas (including separate
areas for septic fields, landscaping, driveways to public roads, mitigation measures required in
connection with any provision of this Chapter 7, and/or areas to be disturbed only during
construction on the property — including staging areas and materials storage areas). Construction
of trails will not require an Activity Envelope analysis except as required by Sec. 7- 20 -50.
Clearing, grading, grubbing, earthmoving that exceeds fifty (50) cubic yards, or changes in the
natural drainage of the site shall occur only after an Activity Envelope has been defined and all
applicable local, state and federal permits have been obtained. In addition, Site Plan Approval is
required if these activities will occur on a property within a Scenic View Protection Area.
Activity Envelope and Site Plan Review for a Stream Restoration Project shall adhere to all
development standards in 7 -20-40 and 7 -20-80 and shall be reviewed by the BOCC as set forth in
Table 2 -1.
Once an Activity Envelope has been defined, the natural grade, topography, vegetation and
drainage of areas outside the defined areas shall not be disturbed except as specifically permitted
in this Land Use Code. Prior to any development activity on the parcel, the boundaries of the
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Activity Envelope shall be identified with construction fencing, and such fencing shall remain in
place until development has been completed.
While it is preferable to obtain approval of an Activity Envelope as part of the Site Plan approval
process, applicants who are not prepared to submit a Site Plan for a specific structure may request
approval of an Activity Envelope separately. Prior to the issuance of a Development Permit, the
applicant shall be required to apply for and obtain approval of a Site Plan confirming that the
proposed development is consistent with the defined Activity Envelope and with other standards in
this Land Use Code not considered at the time the Activity Envelope was defined.
The standards in this Chapter 7 shall be used (i) to identify the Activity Envelope on a property, (ii)
to review and approve the Site Plan for proposed development, and (iii) to regulate development
within the Activity Envelope pursuant to the Site Plan. Development Standards in this Chapter 7
which are to be reviewed as part of Activity Envelope and Site Plan review are set forth in Table 7 -1
below.
(July, 2006,
This section of the Land Use Code explains the Site Plan and Activity Envelope review and
approval process. The applicant has followed the process outlined in this section of the Code to
prepare the Activity Envelope Plan. The key site planning considerations on the subject site are
avoiding constrained areas and developing an Activity Envelope which is compatible with
neighboring properties and consistent with the Pitkin County Master Plan Overview and the
2003 East of Aspen/Independence Pass Master Plan. The proposed Activity Envelope and Site
Plan is the product of these three considerations.
Site Preparation and Grading:
Section 7 -20 -10
(a) Grading and Fill Placement
Grading and filling on a site shall take place only within a defined Activity Envelope . All grading
and fill placement that exceeds fifty (50) cubic yards shall be indicated on the Site Plan .
The applicant will comply with this Code standard.
(b) Clearing, Grubbing, and Vegetation Removal
Clearing or grubbing of land, or removal of vegetation shall take place only within an approved
Activity Envelope , except removal of noxious weeds may occur outside of an Activity Envelope.
Each Site Plan shall document compliance with the requirements of this Sec. 7- 20 -10(b) and Sec.
7 -20 -130.
Clearing, grubbing and vegetation removal shall be limited to the Activity Envelope as depicted
on Attachments 7 and 8. Site disturbance shall be relatively minor.
(c) Tree Removal and Mitigation
Each tree with six (6) inches or larger diameter at breast height (D.B.H.) that is removed within the
Activity Envelope shall be replaced with one (1) or more trees with total D.B.H. at least equal to the
calipers) of the tree(s) removed, to the maximum extent practicable. Any tree that (1) is diseased,
or (ii) is required to be removed pursuant to the provisions of Sec. 7- 20.60, as those requirements
may be varied by a wildfire expert approved by the County, may be removed and no replacement
shall be required. All revegetation shall also comply with the Pitkin County Revegetation
Guidelines. Required replacement trees that do not survive for at least one (1) year after
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installation shall be replaced at the owner's expense, and the County may require financial security
for such replacement pursuant to Sec. 7- 20- 130(b)(7).
Tree removal will be limited to the Activity Envelope. In the event trees six inches or larger
diameter at breast height (D.B.H.) are removed, they shall be replaced with one or more trees with
a total D.B.H. at least equal to the caliper of the tree (s) removed.
(d) Protection of Natural Terrain
The County Engineer or Community Development Director shall suggest and may require design
and construction techniques that lessen or mitigate any physical and visual damage caused by the
proposed activity or development to Constrained Area s or to the natural terrain, stream
vegetation, and other natural features of the landscape within the Activity Envelope . Techniques
shall include, but are not limited to:
(1) REVEGETATION
Revegetation and reforestation utilizing native or similar horticultural material, to be
completed during the first planting season after construction; where vegetation is
removed, it shall be replaced with vegetation that will reach similar density and height
to that removed within two (2) years following conclusion of construction.
(2) TOPSOIL
Removing and saving topsoil prior to any grading or excavating and replacement for
revegetation.
(3) WEED PREVENTION
Weed prevention, thistle management, and prohibition of non - native plants, which may
include reducing animal damage to vegetation cover, as determined by the United
States Soil Conservation Service Soil Survey.
(4) UTILITY INSTALLATION
Locating and installing utilities in a manner minimizing damage to the natural
environment and scenic quality.
(5) EROSION, SEDIMENTATION, AND STORMWATER MANAGEMENT
(a) Land uses shall:
1. Not cause erosion problems and, if practicable, retain all soil on site;
2. Minimize disturbance of natural vegetation and soil cover;
3. Ensure that all cuts and fills are adequately designed and vegetated to control
erosion as well as stability of the slope area;
4. Ensure that natural drainage patterns are preserved and protected from increased
water flows that subject existing channels and adjacent areas to increased
erosion; and
5. Preserve natural vegetation and soil cover within those buffer distances adjacent to
rivers, streams, lakes, reservoirs and wetlands /riparian areas established in Sec.
7- 20 -80.
(b) Mitigation measures identified in an approved erosion, sedimentation, or stormwater
management plan shall remain in place until revegetation is viable.
The applicant shall comply with these standards. Site disturbance shall be limited to the
realignment of the driveway and minor modifications to the building footprint. The existing
concrete pad located to the west of the existing garage will be re- vegetated (see Attachment 6).
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Steep and Potentially Unstable Slopes
Section 7 -20 -20
The following provisions shall apply whenever steep slopes or potentially unstable slopes occur
within the Activity Envelope, but do not apply when the Activity Envelope have been defined to
avoid such areas.
(a) Slope Delineation
Slopes shall be delineated within the Activity Envelope with two (2) foot contour intervals. Slopes
between each two (2) foot contour in each of the following categories shall be designated by a
distinct graphic pattern.
(1) Slopes that are fifteen (15) percent or greater, but less than thirty (30) percent;
(2) Slopes that are thirty (30) percent or greater, but less than forty -five (45) percent;
(3) Slopes that are forty -five (45) percent or greater.
Refer to Attachment 17, Improvement Survey: Slope Delineation, which depicts slopes in the
categories identified in this section. The slopes in the Activity Envelope are generally less than
30 percent.
Forty -five (45) Percent or Greater Gradient
Development is prohibited on slopes with a slope gradient equal to or exceeding forty -five (45)
percent, except:
(4) Where:
The lot is in a legally platted subdivision, recorded prior to 1972, and
There is no alternative building site that avoids areas of slope exceeding forty-five (45)
percent, and
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
The proposed development complies with all standards in subsection (c)(1) below
applicable to slopes of thirty (30) percent or greater; and
(5) As provided in subsections (c)(3) or (c)(4) below.
(b) Thirty (30) Percent or Greater Gradient
Development is prohibited on slopes with a slope gradient of thirty (30) percent or more, except as
follows:
(1) NO ALTERNATIVE BUILDING SITE
If there is no alternative building site available on the parcel with slopes of less than thirty (30)
percent, development (but not roads or driveways) may be approved by the Community
Development Department through the Site Plan process subject to the following development
standards:
An engineer or geologist licensed in the State of Colorado shall be required to demonstrate
that the site can be engineered so that there is no hazard posed by the location of
development on such slopes.
To the extent possible, the development shall be designed so as to: avoid adding water to
the site that would cause decreased stability; avoid removing the toe of the slope without
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adequate mechanical support; avoid increasing the weight load on top of the slope; re-
contour disturbed slopes so that they can be re- vegetated; avoid steepening of existing
slopes.
Any development approved pursuant to this section shall be conditioned upon compliance
with the engineer or geologist's recommended mitigation measures.
Following Site Plan review, and prior to the application for a Building Permit, a precise
engineer or geologist approved mitigation plan shall be submitted by the applicant that
shows the area of 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.
(2) PARCELS WITH SOME AREAS OF LESS THAN THIRTY (30) PERCENT SLOPES
If a parcel contains areas with less than thirty (30) percent slopes that are accessible by a
road or driveway that meets the requirements of this Land Use Code, but such areas (after
exclusion of Constrained Areas) are not large enough to develop the floor area permitted
by underlying zoning, then areas containing slopes of less than thirty (30) percent must be
utilized to develop as much of the floor area as can feasibly be accommodated. Areas
containing slopes of thirty (30) percent or greater (but not exceeding forty -five (45) percent)
may then be used for development of the remainder of the permitted floor area. The
resulting area specified for development should define a contiguous area with slopes of
less than thirty (30) percent to the maximum extent practicable.
Development on slopes equal to or exceeding thirty (30) percent (but less than or equal to
forty-five (45) percent) shall be subject to the development standards in Sec. 7-20 -
20(c)(1)(a) through (d)., and shall minimize disruption of natural terrain as viewed from any
of those roads identified in Sec. 7.20- 120(b).
(3) MINOR SLOPE ANOMALY
Through the Site Plan process, exceptions for minor changes in slope - development may be
permitted on lands that have a slope equal to or in excess of thirty (30) percent when the
slope is due to the presence of a minor natural or minor man -made change in the gradient
of a continuous slope, provided that an engineer or geologist licensed in the State of
Colorado demonstrates that the slope's ground surface is not prone to instability or failure
and that the proposed development will not cause greater instability or increase the
potential for slope failure.
Refer to Attachment 18, an October 2, 2009 letter from Roger Pihl P.G. of Yeh and
Associates, Inc., "Geologic Hazard Evaluation." Pihl notes in his letter that there are some
small slopes ranging between 30 and 45 percent located within the proposed Activity
Envelope which will be affected by the proposed driveway. These steeper slopes are
predominantly turf covered man -made anomalies which are stable in their current
configuration. Cuts which can not be safely sloped will require engineered retention. Slope
recommendations for the retaining wall proposed to be located south of the garage will require
a geotechnical report. The geotechnical report will be submitted with the earthmoving permit
application.
(c) Less Than Thirty (30) Percent Gradient
Development is permitted on slopes with less than a thirty (30) percent gradient.
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(d) Additional Standards
All activity and development on slopes with a gradient of thirty (30) percent or greater shall comply
with the following standards. '
(1) DENSITY SLOPE REDUCTION
If more than thirty (30) percent of the total land area of parcel is encumbered with slopes of forty -
five (45) percent or greater, the maximum permitted density of development on the parcel shall be
reduced pursuant to Sec. 5-10-20.
This standard is not applicable because only one single family dwelling unit is proposed
(2) LIMITS ON CHANGING NATURAL GRADE
The original, natural grade of areas within the Activity Envelope shall not be raised or
lowered more than four (4) feet at any point for construction of any structure or
improvement, except:
(a) The site's original grade may be raised or lowered a maximum of seven (7) feet if
retaining walls are used to reduce the steepness of man -made slopes, provided that
the retaining walls comply with the requirements set forth in this section.
(b) As necessary to construct a driveway from the street to a garage or parking area,
grade changes or retaining walls up to seven (7) feet may be allowed.
The applicant will comply with this standard. The applicant is proposing to construct retaining
walls to the south of the proposed garage (see Attachments 7 and 8). The retaining walls will be
designed to comply with this standard. The applicant will submit a side yard setback variance to
the Pitkin County Board of Adjustment in order to construct the retaining walls in the setback.
(3) GRADING FOR ACCESSORY BUILDING PADS DISCOURAGED
Separate building pads for accessory buildings and structures other than garages, such as tennis
courts, swimming pools, outbuildings, and similar facilities, shall be discouraged except where the
natural slope is twenty (20) percent or less.
Accessory building pads are not proposed.
(4) LIMITS ON GRADED, EXCAVATED, OR FILLED MAN -MADE SLOPES
(a) Where grading, excavation, or filling is necessary, grading, excavation, or filling to create
slopes of twenty -five (25) percent or less is strongly encouraged.
(b) Graded or filled man -made slopes shall not exceed a slope of fifty (50) percent.
(c) Cut man -made surfaces or slopes shall not exceed a slope of fifty (50) percent unless
a soils engineering or a geotechnical report is furnished stating that the site has been
investigated and that in the opinion of a qualified professional a cut at a steeper slope
will be stable and not create a hazard to public or private property.
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(d) All cut, filled, and graded slopes shall be recontoured to the natural, varied contour
of the surrounding terrain.
The applicant shall comply with the preceding standards.
(5) GUIDELINES FOR RETAINING WALLS
(a) Use of retaining walls is encouraged to reduce the steepness of man -made slopes and to
provide planting pockets conducive to revegetation. Retaining walls may be permitted to
support steep slopes but should not exceed four (4) feet in height from the finished grade,
except for (i) a structure's foundation wall, or (ii) as necessary to construct a driveway
from the street to a garage or parking area, or (iii) as otherwise expressly allowed by this
Land Use Code.
(b) A retaining wall should not exceed seven (7) feet in height. Retaining walls greater than
four (4) feet in height shall be supported by appropriate engineering and reviewed and
approved by the County Engineer.
(c) Terracing should be limited to two (2) tiers. The width of the terrace between any two four
(4) foot vertical retaining walls should be at least three (3) feet. Retaining walls higher than
four (4) feet should be separated from any other retaining wall by a minimum of five (5)
horizontal feet. Terraces created between retaining walls shall be permanently landscaped
or revegetatod with native vegetation.
(d) Retaining walls used to support existing road cuts may exceed (a), (b), and (c) of these
guidelines.
The applicant is proposing retaining walls to be located on the south side of the driveway by the
garage. Attachments 7 and 8 show that the proposed walls are designed to comply with the
preceding guidelines.
(6) STANDARDS FOR RETAINING WALLS
(a) Retaining walls shall be faced with stone or earth - colored materials similar to the
surrounding natural landscape.
(b) All retaining walls shall comply with the adopted building code, except that when any
provision of this section conflicts with any provision set forth in the adopted building code,
the more restrictive provision shall apply.
The applicant shall comply with these standards.
(7) DETENTIONISTORMWATER FACILITIES
Where detention basins and other storm and erosion control facilities may be required, any
negative visual and aesthetic impacts on the natural landscape and topography shall be minimized
to the maximum extent practicable.
This standard is not applicable.
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(8) UTILITY CUTS
Utility cuts on any slope with a gradient of fifteen (15) percent or greater shall be reviewed through
the Site Plan process.
This standard is not applicable.
(9) REVEGETATION REQUIRED
Any slope exposed or created in new development shall be landscaped or revegetated pursuant to
the standards and provisions set forth in Sec. 7 -20 -130 as well as the revegetation standards in the
Pitkin County Revegetation Guide, the Pitkin County Landscaping Guidelines maintained by the
Pitkin County Public Works Department, and the Roadway Landscaping Guidelines included in the
Pitkin County Asset Management Plan, as applicable. In the event those documents contain
inconsistent requirements with regard to a particular area of land, the stricter provision shall
govern.
The applicant shall comply with this Code standard.
Water Courses and Drainage
Section 7 -20 -30
This section demonstrates compliance with the Land Use Code standards for Water Courses and
Drainage.
(a) Applicability
The water resources standards in this Sec. 7 -20 -30 are applicable to all development.
(b) Encroachment or Channeling
Encroachment or channeling activities in a river, stream (including intermittent streams), pond, wet
meadow, or wetland are also subject to the requirements of Secs. 7 -20-40 and 7 -20 -80 of this Land
Use Code, as well as all other applicable state and federal statutes and regulations (including, but
not limited to the U.S. Army Corps of Engineers permitting requirements of Section 404 of the
Federal Clean Water Act).
The applicant is not proposing to alter any rivers, streams, ponds wet meadows or wetlands on the
site or in the site vicinity.
(C) Drainage
(1) GENERAL
Activities and development shall provide for:
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;
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The unimpeded flow of natural water courses and ditches;
Adequate drainage for all low points;
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;
Maintenance of drainage systems; and
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.
(10) 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.
This standard is not applicable to the site.
(e) Groundwater
Activities and development shall not result in the introduction of any contaminants to groundwater,
or interfere with any recharge area or aquifer.
The applicant shall comply with this Land Use Code standard.
(f) Irrigated Areas
Activities and development shall:
(1) Not adversely affect the adequacy of water supplies available for the irrigation of
agricultural lands; and
(2) Not adversely affect the exercise of any existing and decreed irrigation water right.
Portions of the property are irrigated. Water rights and irrigation will not be affected by the
proposed development.
(g) Irrigation Ditches
Activities and development shall:
(1) ACCESS
Provide for access to irrigation ditches by ditch owners and to the public if a ditch is to be, or is
part of the Pitkin County Open Space and Trails System or other public property.
(2) PREVENTING LEAKAGE
Ensure that no building shall be constructed immediately downhill of a ditch unless the ditch can
be placed in a culvert, lined, or otherwise treated to avoid leakage of water downhill towards the
building.
(3) AVOID FLOODING
Design land uses to avoid flooding problems from flood irrigation.
(4) AVOID SEEPAGE
Place basements and soil absorption on -site wastewater treatment systems in locations where
they will not be impacted by flood irrigation or seepage from irrigation ditches.
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Irrigation ditches on the property will not be affected by the proposed plan.
(h) Sedimentation
Activities and development shall:
(1) CONTROL DURING CONSTRUCTION
Provide adequate sedimentation control throughout all phases of development.
(2) SEDIMENTATION
Retain sediment produced by soil disturbances on site where the disturbance occurs and prohibit
run -off into any water body, wetlands, or riparian area.
(3) REVEGETATION
Revegetate clearing and grading as soon as possible, but in no event longer than one growing
season after conclusion of development on a site.
The applicant shall comply with these standards
(i) Water Quality
(1) All land uses shall comply with those setbacks required by Sec. 7 -20 -80 and those
setbacks required by Table 5 -1.
(2) Activities and development shall comply with all state and federal statutes and
regulations concerning the protection and enhancement of water quality (including but
not limited to the requirements of all state and federal permitting programs).
(3) Activities and development shall be consistent with maintenance of the Stream
Classifications for the Roaring Fork River watershed, as identified in Section 208 of the
Roaring Fork Watershed Management Plan, and shall comply with state regulations
pertaining to maintenance of those classifications.
The applicant shall comply with these standards.
(j) Efficient Water Use
Activities and development shall emphasize the most efficient use of water, including, to the extent
permissible under law, the re- cycling and reuse of water.
The applicant will comply with Code standards.
.Geologic Hazards
Section 7 -20 -50
The subject site is located on an alluvial fan. Section 7 -20 -50 (d) of the Land Use Code is
applicable to the site.
(h) Alluvial Fans
In the event there is not an adequate hazard -free area on a site, activities or development may
proceed within an alluvial fan if the use:
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(1) Is located and designed in accordance with a site evaluation and recommendations of a
qualified professional engineer or geologist licensed in the State of Colorado;
(2) Is protected by channelizing, damming or diverting potential mud or debris flows utilizing
engineering structures by a professional engineer or geologist licensed in the State of
Colorado; and
(3) Avoids disturbance in the drainage basin above the fan unless an evaluation of the effect on
runoff and stability of the fan shows that disturbance is acceptable.
Roger Pihl P.G., of Yeh and Associates addresses the potential for a debris flow on the property
in Attachment 18. According to Pihl, an unnamed creek descends from the northeast toward the
Roaring Fork River. The incised drainage channel turns to the west by a lateral moraine feature
where it enters the adjacent parcel to the west. An existing irrigation head gate directs part of the
stream to the southwest where it flows to a small pond.
The drainage basin may produce rare debris floods. Future debris events will likely travel down
the existing drainage path and onto the adjacent parcel to the north. According to Phil, the area of
planned improvements to the south of the house is not affected by potential future debris flow
events. Mitigation is not recommended for the proposed improvements.
Wildlife Habitat
Section 7 -20 -70
The subject site is not located within a mapped or field verified wildlife habitat area, but is
adjacent to field verified elk winter range. The applicant will abide by the following General
Principles and Standards.
(k) General Principles
Delineation of the Activity Envelope, and the location and design of activities and structures within
the Activity Envelope, shall be based on consideration of the five (5) principles listed in
subsections (1) through (5) below. These principles shall be evaluated not only on a site specific
basis, but should also be used to consider the location and role of the property in the context of
larger habitat and wildlife patterns. Implementation of these principles may also include
consideration of connectivity between other parcels and the cumulative effect of the proposed
activity or development in light of other activity in the area affecting related habitat areas.
Approved development shall:
(1) Maintain large, intact areas of native vegetation and habitat area by preventing fragmentation
of those patches by development.
(2) Protect rare landscape elements such as locally rare vegetation, unique rock formations,
sheltered draws or drainage ways, or other features, and guide development towards areas of
landscape containing more common elements.
(3) Maintain connections among wildlife habitats by identifying and protecting corridors for
movement.
(4) Contribute to the regional protection of rare species by protecting their habitat locally.
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(5) Minimize the combined and cumulative impacts of activities and development on wildlife
species, wildlife habitat, wildlife movement, and unique landscape elements.
(1) General Standards
The standards in this section apply to all wildlife habitat areas shown on the Species Activity Maps
or field verified by a wildlife expert approved by the County, or by the Colorado Division of Wildlife.
(1) When existing native vegetation must be altered within the Activity Envelope, the applicant
may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation
plan may substitute (in a nearby area on the subject property) vegetation equal in type and
quantity to that being removed to mitigate effects on wildlife species. Should there be no
opportunity on the property for habitat mitigation or restoration, off -site mitigation benefiting
the same species may be required, or financial mitigation may be paid into a County habitat
mitigation fund should such a fund be established in the future.
(2) Manipulation of vegetation outside of the Activity Envelope is prohibited.
(3) Mesh or woven wire fences are prohibited outside the Activity Envelope.
(4) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not
exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width (top
view), and shall have at least eighteen (18) Inches between the lower two (2) rails.
(5) Wire fencing must be three (3) strands or less. The top wire should be a twelve - point -five (12.5)
gauge twisted barbless type at a maximum height of forty -two (42) inches. The middle strands
(which may be barbed) should be located a minimum twelve (12) inches apart and from the top
wire preventing entanglement when mule deer jump over. The bottom strand should be
sixteen (16) inches from the ground.
(6) Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two
(2) to five (5) per acre whenever possible as nesting and perching habitat.
(7) In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within
the Activity Envelope. This does not include pre- existing native trees and shrubs.
(8) Development shall be clustered to the maximum extent possible to minimize impact on
wildlife.
(9) Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying,
or otherwise managing wildlife.
(10) Trash /garbage shall be kept in an approved bear resistant container or enclosure.
(11) Bird feeders, including hummingbird feeders, shall be hung away from any deck or window,
and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All
seed feeders shall include a seed catchment pan to catch discarded seed.
(12) Horse grains, pellets, and cookies shall be stored in bear resistant containers.
(13) Pet food shall not be left outside.
Development within Scenic View Protection Areas
Section 7 -20 -120 (d)
The subject site is located within the SH 82 Scenic View Protection Area. Section 7 -20 -120 C. (4)
provides for the following exemption from the standards.
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(c) Exemptions
These standards shall not apply to:
1. Activity or development that is covered by a valid building permit.
2. All interior remodels that do not change any outside visual aspect of the structure.
3. Lots within platted subdivisions approved by the County, which have designated Activity,
Building or Development Envelopes, unless the terms of the approval require ridgeline or
scenic review prior to construction.
4. Any proposed development for which the Community Development Director determines
that:
The proposed development is not visible from those rights -of -way listed in subsection (b)
above; or
A proposed addition to or remodel of an existing structure has been located to minimize
perceived mass when viewed from those rights -of -way listed in subsection (b) above.
For purposes of this section, visible means that a structure or use is discernible to the naked eye
from the designated roadway.
Refer to Attachment 5, the Sul, Aspen Leaf LLC Orthophoto of the property and Attachments
18 and 19, photos of the site taken from SH 82 during the summer. The proposed improvements
are not visible from SH 82.
The applicant has addressed the following standards, in the event that the Community
Development Director determines that the property does not qualify for the preceding exemption.
(d) Standards for Development Within Scenic View Protection Areas
All non - exempt development located within a mapped Scenic View Protection Area shall comply
with the following standards.
1. The proposed development shall utilize existing topography and natural vegetation, such
as ridges, hills, and existing trees, to screen buildings to the maximum extent practicable
when viewed from those right -of -way listed in subsection (b) above.
Attachments 5, 18 and 19 show the site is densely vegetated with mature trees. The vegetation
screens the existing house and driveway from State Highway 82. The house, driveway and
propose improvements are not visible from the Highway.
2. The proposed development shall avoid the location of structures within the Scenic View
Protection Areas, and shall avoid the location of structures within any Viewplane identified
in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan if
possible. If location outside the Scenic View Protection Area and defined Viewplanes is not
practicable, then the proposed development shall not be located on the highest ground or
most visible portion of any site as viewed from those corridors listed in subsection (b)
above.
The structure and proposed improvements are not located within a designated Scenic View Plane
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3. The proposed development's height and bulk shall be designed to avoid, to the maximum
extent practicable, the visibility of buildings from those corridors listed in subsection (b)
above. This may include, but shall not be limited to, breaking the mass of the building
down into a series of smaller forms, articulation of the building fagades to avoid a wall or
row effect, and staggering rooflines to avoid a long unbroken plane.
This standard is not particularly applicable to the house because it is not visible from SH 82.
Nevertheless, Attachments 9 -14, house elevations show that the mass of the building is broken up
in compliance with the Code standard.
4. The proposed structure shall be placed so it does not project above a ridgeline such that a
structure silhouettes against the sky when viewed from those corridors listed in subsection
(b), unless there are no alternate building sites on the lot or parcel.
The structure will not break a ridgeline.
5. The proposed development shall be designed to complement the natural topography of the
land through the use of techniques such as earth - sheltered design, the use of natural
materials and coloring, the use of low- reflectance materials, or clustering of structures on
the least visible portions of the site. When a building is proposed near a ridgeline, then its
form (particularly its roof form) shall replicate, parallel, or complement the natural form of
the ridgeline so that it appears to be an element of the natural ridgeline.
This standard is not applicable because the house is not visible from SH 82.
6. The proposed development shall preserve natural vegetation and avoid development within
irrigated meadows, to the maximum extent practicable.
Refer to Attachment 5 to view the existing vegetation. Attachments 6, 7 and 8 the Existing and
Proposed Site Plans show that the proposal complies with this standard.
7. The proposed development shall install utilities in locations and through procedures that
minimize visual impacts to the maximum extent practicable.
The applicant shall comply with this standard.
8. All satellite dishes in the proposed development shall be located to minimize visibility from
those rights-of-way listed in subsection (b), and shall use earth tone colors and/or
screening to minimize their visual impact.
A satellite dish is not proposed.
9. The proposed development shall not use earth moving and berms as the primary means of
compliance with these regulations, but earth moving may be utilized in conjunction with
other techniques to comply with standards in this section. Where earth moving techniques
are necessary, man -made forms should be undulating and natural in appearance.
The applicant shall comply with this standard.
10. In the Rural Areas only, development shall be located so that activities and development
occur in at least one of the locations specified in subsection (f) as they may apply to the
particular property.
This standard is not applicable to the subject site because it is a 2.7 +/- acre lot. There are limited
options for locating a house. Additionally, the site is already developed.
11. EARTH TONE MATERIALS
The exterior of all development, except development located and designed in the form of a
ranch compound, shall be built or painted with indigenous earth tone materials or colors.
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The exterior of a ranch compound should be built or painted with indigenous earth tone
materials, or shall be painted or stained using local, traditional ranch colors, which shall
include shades of red, brown, or white. Paints or stains that simulate weathered barn wood
also shall be permitted.
The applicant shall use earth tone materials to the maximum extent possible.
12. ROOFS
All roofs shall have a non - reflective color or composition. Reflective roof materials shall
not be used unless the materials are treated prior to installation to eliminate reflection, with
the exception of materials associated with solar or photovoltaic equipment.
The applicant shall comply with this standard.
13. REVEGETATION OF DISTURBED AREAS
Lands disturbed by earth moving or berms should be revegetated using native species that are
already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas.
Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival of planted
native species.
The applicant shall comply with this standard.
14. DRIVEWAYS AVOID DIVIDING MEADOWS AND PASTURES
To the maximum extent practicable, roads and driveways shall be located to skirt the edge of and
avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways should
take advantage of the screening potential of natural topography and existing vegetation. Existing
roads and driveways shall be used where practical. To enhance screening, a row of trees may be
planted along the roads or driveways. To the maximum extent practicable, roads and driveways
located around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid
straight line corridors that are incongruous with the natural setting.
This standard is not applicable to the site
Landscaping and Vegetation Protection
Section 7 -20 -130
All development in Pitkin County shall comply with the Pitkin County Landscape Guidelines and
portions of development adjacent to public roads shall comply with the Roadway Landscaping
Guidelines contained in the Pitkin County Asset Management Plan. In case of conflict between the
provisions of these two documents and the standards below, the guideline documents shall apply.
(m) Purpose
These regulations are intended to preserve existing vegetation on development sites to the
maximum extent consistent with the permitted development, and to ensure that specific types of
man made improvements are screened from view in order to preserve the rural character of the
County, and to prevent the use of landscaping in ways that would compromise the rural character
of the County.
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(n) General Provisions
(1) PROTECTION OF NATURAL VEGETATION
In order to protect the rural character of Pitkin County, natural vegetation should be preserved to
the maximum extent practicable, and any installed landscaping shall use the species plant
materials naturally occurring on the site or on neighboring properties (except for flower gardens).
Restrictions on removal of natural vegetation, and requirements for revegetation, are set forth in
other portions of this Chapter 7.
The applicant will preserve natural vegetation to the maximum extent possible. Refer to the Site
Plans which appear as Attachments 7 and 8 to see the existing vegetation which shall remain
undisturbed.
(2) CONFORMANCE WITH WILDFIRE REGULATIONS
In the event the provisions of this Sec. 7 -20 -130 conflict with any provisions of Sec. 7- 20 -60, as
those requirements may be varied by a wildfire expert approved by the County, the provisions of
Sec. 7 -20 -60 shall govern.
The applicant shall comply with this Code standard.
(3) BERMS
Berms may be incorporated into any required landscaping, buffering, or screening area, provided
that the County determines, during the development approval process, that the proposed berms
will not cause drainage or erosion problems. No installed berm shall have a slope of greater than
four -to one (4:1), nor a height greater than four (4) feet above grade.
Berms are not proposed.
(4) LANDSCAPE ENCLOSURES
Landscaping shall not be used to mark or enclose the boundary of a parcel, or to privatize an
otherwise public viewplane. Use of indigenous shrubs or trees to enclose a portion of the property
immediately surrounding a dwelling, barn, and /or accessory buildings (as opposed to the entire
property or a large area of the property) are permitted if made to resemble similar windbreaks
located near older properties in Rural Areas of the County.
Proposed landscaping is depicted on the Site Plans (see Attachments 7 and 8). The landscaping
complies with this standard.
(5) VISIBILITY CLEARANCE
All landscaping shall be installed and maintained so that it does not interfere with the ability of
drivers to see nearby traffic at the intersection of any driveway with a public road, or at the
intersection of two public roads.
The applicant shall comply with this Code standard.
(6) UTILITY EASEMENTS
Whenever the provisions of this Sec. 7- 20.130 would require the installation of trees or shrubs over
or on utility easements, where branches or roots might interfere with utility lines or pipes, the
required location for such trees and shrubs shall be modified to require installation at the closest
location that would avoid potential conflicts with utilities and would enable the trees and shrubs to
serve the same landscaping purpose.
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The applicant is not proposing new utility easements
(7) FINANCIAL SECURITY
The Community Development Department may require financial security in a form acceptable to
the County Attorney to ensure completion of installation of all required landscaping and /or
successful establishment of plants.
A site visit will show that the applicant's property is very well maintained. Financial security to
insure site completion of the landscape plan not necessary.
(8) MAINTENANCE
All plants shall be maintained continually in a healthy condition in accordance with generally
accepted professional horticultural standards and practices. Within areas required to be
landscaped with installed plant materials, plants that die or are unhealthy shall be replaced.
Landscape areas shall remain free of weeds, litter, junk, rubbish and other nuisances and
obstructions.
The applicant shall comply with this standard.
(o) Required Landscaping in Rural Areas
In the Rural Area:
(1) Landscaping is required for the following purposes: (1) to screen satellite dishes and other
telecommunications equipment when located within five hundred (500) feet of adjacent public
roads and visible from such roads, and (ii) to screen parking areas and service areas when
viewed from adjacent public roads, (iii) where necessary to comply with the standards of Secs.
7- 20 -70, 7- 20-80, or 7- 20.120, and (iv) to revegetate disturbed areas.
The applicant shall comply with this Code standard.
(2) Landscape treatments shall cluster shrubs and trees into groupings similar to those naturally
occurring on the site or neighboring sites, shall use indigenous species of shrubs and trees,
and shall not be installed in regularly spaced lines or rows, unless more specific provisions of
Secs. 7- 20 -70, 7- 20 -80, or 7 -20 -120 require a different treatment.
This standard is not applicable.
Roads, Driveways and Parking
Section 7 -30
New roads and driveways are not proposed. The realigned driveway and parking area will comply
with this Land Use Code section.
Public Services and Utilities
Section 7 -50
All development shall comply with the provisions of this Sec. 7 -50 regarding the design and
installation and /or extension of public services and utilities. Extensions of public utilities shall
take place within a defined Activity Envelope which may include separate designated areas for
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such extension different from those portions of the Activity Envelope designated for primary
structures, accessory structures, or driveways. Disturbed areas shall be required to be
revegetated pursuant to Sec. 7- 20 -10(d) to the maximum extent permitted by Colorado law.
The applicant shall comply with this standard.
Special Review Criteria for TDR Receiver Site
Section 2- 30 -30(h)
The applicant is seeking Special Review approval as a TDR Receive site to utilize one TDRs for
additional floor area. If approved, the TDRs would permit the development of 15,000 square feet
of floor area. This section demonstrates compliance with the Land Use Code Special Review
standards. The Standards appear in bold followed by the applicant's responses.
a. The special review use shall be consistent with the applicable County Master Plan.
The 2003 Overview of the Pitkin County Comprehensive Plan and the 2003 East of
Aspen/Independence Pass Master Plan are the adopted Plans for the area.
A key County policy of the Overview Plan which is to be used to guide development in the
planning areas is that "New development should be compatible with and not fundamentally
change the character of any neighborhood or area" (page 15). The Plan also includes the
following statement:
"The Plan recognizes that larger homes may be appropriate in the more developed
portion of the planning area, immediately east of Aspen. The Plan identifies scenic
issues as the main concern with respect to such houses. Therefore the Plan
recommends amendments to the scenic overlay maps and the Land Use Code to
incorporate scenic /visual guidelines that address the concerns of larger homes"
(page 16.)
The recommendations of the Plan were incorporated in the Scenic View Protection standards of
the 2006 Land Use Code. The applicant has demonstrated compliance of the land use application
with these Code standards.
The 2003 East of Aspen/Independence Pass Master Plan includes an Implementation Action
Item Summary Section. The Growth Management/House Size Action Items listed below are
applicable to the request to increase the size of the existing house.
Action Item 2.1.1
"Amend the scenic overlay maps and zone districts to incorporate guidelines that
will address the visual concerns associated with larger house development and
development within the Rural and Remote areas of the East of
Aspen/Independence Pass Planning area. Work with the East of
Aspen/Independence Pass residents to identify areas within the planning area that
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are not currently, but should be mapped for scenic review (specifically along
Highway 82, and Richmond Hill Ridge Road)."
Action Item 2.2.1
"Develop scenic /visual guidelines to be used as part of development review in the
planning area in order to preserve the existing open valley floor."
Action Item 2.3.1
"Revise the Land Use Code and incorporated new zone district regulations in order
to preserve the visual quality of the planning area."
It is clear from the preceding action items that larger homes in the planning area are contemplated
and acceptable if the visual impacts are insignificant. This application has demonstrated the
insignificant visual impacts of the proposed development. The application is consistent with the
adopted Master Plans for the area.
(b) The special review use shall not conflict with any applicable sections of the Pitkin County
Land Use Code, including County Land Use Policies in Chapter 1.
The County Land Use Policies are addressed in the next section of the land use application.
(c) The proposed development must not materially endanger the public health, safety or
welfare.
The pubic health, safety and welfare will not be endangered by the proposed development.
(d) The proposed development must not substantially injure the value of adjoining or abutting
property.
The value of adjoining or abutting property should not be adversely affected by the proposed
development.
(e) The special review use shall be consistent with the intent of the zone district in which it is
proposed to be located.
Development as proposed is envisioned in the AR -10 zone district.
(f) The special review use shall be compatible with the character of the immediate vicinity of
the parcel proposed for development and surrounding land uses, or shall enhance the
mixture of complimentary uses and activities in the immediate vicinity of the parcel
proposed for development.
The significant natural landscaping screening and topography make it possible to develop a house
of the size being proposed. Due to the dense vegetation the house will not be visible from
neighboring properties.
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(g) The location, size, design and operating characteristics of the proposed special review use
must be in harmony with the surrounding area and minimize adverse effects, including
visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking,
trash, service delivery, air /water pollution or other impacts on natural resources, noise,
vibrations and odor on surrounding properties.
The site will be improved with a single family dwelling unit. There will be the typical off -site
impacts associated with a large single family dwelling unit.
(h) There must be adequate public facilities and services to serve the special review use,
including but not limited to roads, potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical services, drainage systems,
and schools.
The applicant will pay applicable impact fees at the time of building permit. The site will be
served by and individual well and an on -site waste water disposal system. Attachment 21 is a
September 21 letter from Tim Petz of All Service Septic which determines that the existing on
site waste water system is capable of accommodating the proposed development and complies
with Pitkin County regulations.
(i) The proposed special review use must comply with any additional standards or
requirements stated for such use in Sec. 4 -30 and/or Sec. 2- 40 -20.
The development will comply with these Code sections.
(j) If a Special Review Use ceases or its permitted time period ends, all uses and structures
must immediately be brought into conformance with the underlying zone district
regulations. If cessation of operation is due to demolition or destruction through any
manner not willfully accomplished by the owner, uses /structures may be restored as of
right pursuant to Sec. 9 -30 -70 of the Land Use Code.
The applicant will comply with this standard.
GMQS Exemption for Additional Floor Area using TDRS
Section 6- 30- 50(b)(2)
7- 10 -20: EXEMPTION FOR DEVELOPMENT USING TRANSFERABLE
DEVELOPMENT RIGHTS ( "TDRS ")
The transfer of development rights (TDRS) from Sending Sites identified in Sec. 6 -70 -20 may
provide an exemption from GMQS subject to compliance with the standards of this section.
Specific forms of exemption are listed below:
(a) New Dwelling Units
A new dwelling unit located within the Aspen Urban Growth Boundary may be exempted from
GMQS through the use of TDRs as provided in Sec. 6- 7040(b) and subject to special review
approval pursuant to the criteria in Sec. 2.30- 30(h)(2). A new dwelling unit located outside the
Aspen Urban Growth Boundary may not be exempted from GMQS through the use of TDRS.
(b) Additional Floor Area for Lots /Parcels
23
(1) ASPEN URBAN GROWTH BOUNDARY
Additional floor area up to the final maximum size permitted by Table 5 -1 (including base floor
area), on a lot/parcel within the Urban Growth Boundary, may be exempted from GMQS without
special review through the use of TDRs as provided in Sec. 6- 70- 40(b).
(2) RURAL AREA
Additional floor area, up to the final maximum size permitted by Table 5 -1 (including base floor
area), on a lot in the following subdivisions within the Rural Area may be exempted from GMQS
without special review through the use of TDRs as provided in Sec. 6- 70- 040(b): Starwood,
Starwood Ranch, Owl Creek Ranch, East Owl Creek, Eagle Pines, Castle Creek Valley Ranch, White
Star Ranch, Star Mesa and Aspen Valley Downs.
Additional floor area, up to the final maximum size permitted by Table 5 -1 (including base floor
area), on a lot/parcel within the Rural Area not included in (a) above may be exempted from GMQS
through the use of TDRs as provided in Sec. 6- 70 -40(b) and subject to special review approval
pursuant to the criteria in sec. 2- 30- 30(h)(2).
This application has addressed the special review standards in a previous section of the
application.
Land Use Policies
Section 1 -60
Pitkin County Land Use Policies are addressed below. The policies appear in bold followed by
the applicant's responses.
7- 10 -30: PITKIN COUNTY COMPREHENSIVE PLAN
It is the policy of the County to adopt comprehensive plans for the County and regularly update
these plans. Throughout this Land Use Code, references to the Pitkin County Comprehensive Plan
include the Overview Pitkin County Comprehensive Plan, which encompasses the concepts,
policies, actions and common themes contained within all adopted Land Use Master Plans in the
County. Where there is any conflict between the Overview and any other adopted Land Use Master
Plan, the Overview shall govern.
This policy is not applicable to the land use application.
7- 10-40: CONFORMANCE WITH THE PITKIN COUNTY COMPREHENSIVE PLAN
It is the policy of the County to ensure that the use and development of land within Pitkin County
and any actions committing such land to development or a change in use should consider Pitkin
County's Comprehensive Plan.
The 2003 Overview of the Pitkin County Comprehensive Plan and the 2003 Aspen
East/Independence Pass Plan were addressed in the Special Review section of this land use
application.
7- 10 -50: COMMUNITY BALANCE
The dominant policy of Pitkin County is to conserve and protect from further degradation the
present natural environment and its resources. Development that can be accommodated within
24
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these limits will be managed to maintain a balance between residential (free- market and
affordable), commercial and tourist accommodations.
The proposed development will not affect community balance because a change between Growth
Management Quota System (GMQS) categories is not being proposed.
7- 10 -60: GROWTH MANAGEMENT
It is the policy of the County to manage the rate at which development applications are approved,
as well as the type, location, quality and ultimate quantity of growth.
The subject lot was created pursuant to Board of County Commissioners Resolution 79 -72 (see
Attachment 2). The Board considered the entire Aspen Park Campground and permitted a
resubdivision of the many substandard size lots. The reconfigured lots were exempted from
residential GMQS. The use of a TDR for additional floor area will further the public good by
sterilizing a property from development in an portion of the County which is less appropriate for
residential development than the subject site.
7- 10 -70: GROWTH RATE: PHASING OF PUBLIC SERVICES AND FACILITIES
It is the policy of the County to maintain and improve the quality of life of its residents. To this end,
the County will manage the location and timing of development in the residential, commercial and
tourist accommodation sectors. The provision and location of public services and facilities should
support development that is consistent with the Pitkin County Comprehensive Plan. To ensure
that growth is consistent with the Pitkin County Comprehensive Plan the County will maintain a
Growth Management Quota System (GMQS).
The subject site is already improved with a single family residence. Development of a additional
floor area should have a negligible on growth rate or the phasing of public services.
It is the policy of the County that future urban development will be located within adopted Urban
Growth Boundaries in order to eliminate residential sprawl and strip commercial development, to
ensure the provision of adequate service levels, to preserve agriculture and open space land uses,
and to maximize the utility of funds invested in public facilities and services. Lands outside the
growth boundaries will be deemed most appropriate for the preservation of agriculture, natural
habitat, environmental resources, open space and rural residential uses.
As noted above, the proposed activity involves additional floor area for a property which is
already improved with a single family dwelling unit.
7- 10 -80: RURAL DEVELOPMENT
When proposing future development outside of Urban Growth Boundaries, the following elements
should be considered:
Pitkin County seeks to preserve its natural, rural scenery and natural landmarks for the
benefit of its residents and the continued viability of its resort economy.
• Planned unit style development (PUD), designed to integrate siting in harmony with the
environment and consistent with land use policies, and is encouraged. Such development
tends to minimize the cost of governmental and other services, maximize open space,
preserve agricultural lands, and minimize automobile congestion and hazardous conditions
on public roads and highways.
• New development should be compatible with and not fundamentally change the character
of any neighborhood or area.
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• Pitkin County does not generally support extensions of public utilities such as municipal
water and sewer lines outside of the Urban Growth Boundaries (UGBs).
• New commercial development should be located within established Urban Growth
Boundaries unless it is of a scale and capacity deemed to be appropriate within identified
boundaries.
• Transfer of development rights (TDRs) may be appropriate to preserve and protect rural
character, open space, scenic features, and environmental resources, and to avoid
development in environmentally constrained areas.
• To the extent possible, the County seeks to protect scenic corridors along highways,
county roadways and mountain road systems.
• It is the policy of the County that development not impede the ability of citizens to view the
night sky without the interference of artificial light.
The site has been planned to comply with the Scenic View Protection standards.
7- 10 -90: AGRICULTURAL PRESERVATION
• Productive agricultural land is a limited resource of environmental, cultural, open space,
visual and economic value that should be conserved and preserved.
• All new development in areas surrounding or incorporated within existing agricultural
properties should be designed to minimize impacts to agricultural operations.
• Preservation and utilization of water for agricultural lands within the county is encouraged.
• The fragmentation of large parcels of agricultural land is discouraged and the assemblage
of smaller parcels into larger, more manageable and agriculturally productive tracts is
encouraged.
• Pitkin County supports "right -to- farm" legislation.
• Pitkin County promotes the viability of agricultural lands and operations within Pitkin
County and supports preservation of large tracts of land now committed to or capable of
agricultural uses.
The property is not used for to pasture horses and is not an agricultural use.
7 -10 -100: WILDERNESS
Pitkin County supports protection of designated Wilderness areas within and surrounding Pitkin
County, as these areas provide residents and visitors with vistas and opportunities for
experiencing the natural environment while renewing their "mind, body and spirit." The County
encourages management of adjacent and neighboring land to preserve the integrity of the
wilderness areas.
This policy is not applicable to the subject site.
7 -10 -110: RECREATION
The County recognizes the fundamental importance of recreation and tourism to the local economy
and encourages the provision of services and facilities necessary for the continuation of existing
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activities, consistent with other goals and policies of the County. It is the policy of the County to
support preservation of the physical environment; to improve county -wide recreational and trail
opportunities; to support citizens' rights of appropriate access to public lands on roads and trails
historically open to the public; to secure new access points consistent with County and Federal
land use plans; and to protect existing open space from urbanization and development in order to
maintain quality of life and enjoyment of the environment.
This policy is not applicable to the site.
7 -10 -120: SKI AREAS
Pitkin County favors the expansion of uses within existing permitted ski area boundaries, with a
focus on expanding uses during non -peak periods, but does not support new alpine ski area
proposals. Coordination with the Forest Service and ski area proponents regarding ski area
development will consider both on and off -site impacts such as affordable housing, transportation,
waterways, air quality and adjacent neighborhoods.
This policy is not applicable to the subject site.
7 -10 -130: CAMPING
The County supports maintenance of existing campgrounds at their current capacities.
This policy is not applicable to the subject site.
7 -10 -140: TRAILS
Non - motorized transportation alternatives, such as trails for bicycles, horses, pedestrians and
cross - country skiers are encouraged. The County supports preservation and enhancement of
access to trails; and development of bike and pedestrian ways that provide links between
communities, residential and employment areas, commercial centers, recreational and open space
areas, and educational facilities. Where motorized and non - motorized uses of trails are proposed
or exist in common or in close proximity to one another, the County supports consideration of
separate and distinct trails for each use.
There are not any trails planned in the site vicinity
7 -10 -150: OPEN SPACE AND TRAILS BOARD
The County supports the Open Space and Trails Board in the acquisition and maintenance of open
space parcels, conservation easements, trails and facilities such as trailheads, parks, river access
points for boating or fishing purposes and access to public lands. Parks, open space and public
recreation facilities are encouraged throughout the county.
This policy is not applicable to the subject site.
7 -10 -160: COMPATIBILITY WITH EXISTING ADJACENT NEIGHBORHOODS
It is the policy of the County to insure land use proposals are compatible with existing
neighborhoods. To this end, the County will provide notification of pending land use applications
to the affected adjoining property owners, homeowners associations and neighborhood caucus
groups when appropriate.
The proposed development will be compatible with the neighborhood
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7 -10 -170: COMPATIBILITY WITH PUBLIC LANDS
It is the policy of the County to support the preservation and protection of public lands from the
impacts of Incompatible development by promoting land uses within and nearby public lands that
are compatible with public use of those lands and with the preservation of the natural environment.
This land use policy is not applicable to the subject site.
7 -10 -180: PRIVATE LAND SURROUNDED BY PUBLIC LANDS (INHOLDINGS)
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 owners and developers and the public at large.
This policy is not applicable to the subject site.
7 -10 -190: ECOLOGICAL BILL OF RIGHTS (EBOR)
As the integrity of our ecosystem is increasingly challenged by human activity, and population
growth and the accompanying sprawl are seriously damaging and threatening to destroy the
ecological carrying capacity (environmental sustainability) of the region, it is the policy of the
County to implement the following rights:
• The right to breathe clean air and enjoy clear vistas.
• The right to the preservation of natural riparian areas and wetlands.
• The right to permanently protected minimum stream flows in rivers and creeks.
• The right to the preservation and restoration of native wildlife and plant diversity by
preservation of sufficient habitat.
• The right to protection of designated wilderness through management of adjoining land in
a way that preserves the integrity of the wilderness areas.
• The right to a landscape kept free of noxious and invasive weeds.
• The right of appropriate access to public lands on roads and trails historically open to the
public, consistent with the nature and designation of the public lands.
• The right to dedicated open space protected from urbanization and development.
• The right to the efficient and renewable use of energy.
• The right to be free from excessive noise.
• The right to see the night sky without the interference of unnecessary artificial light from
growth, urbanization and highway development.
The right to the absolute minimum involuntary exposure to toxic chemicals, radioactive
substances and energy forms that are hazardous to health.
• The right to maintain and not exceed the carrying capacity ( sustainability) of the land and
water, including protecting water quality.
• The right to expect government legislation and active enforcement of land use and
development regulations consistent with this Ecological Bill of Rights.
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Site development is consistent with this policy.
7 -10 -200: NATURAL AND MAN -MADE HAZARD AND RESOURCE AREAS
It is the policy of the County that development be sited in locations that avoid natural hazard areas,
and where avoidance is not possible, in locations where mitigation is designed to minimize
potential harm to life, safety, health, and property.
As noted in previous sections of this application slopes and a mapped alluvial fan are the only
constraints impacting the property.
7 -10 -210: SOIL, SURFICIAL GEOLOGIC CHARACTERISTICS AND RADIATION
It is the policy of the County that development not be located in areas subject to radiation and
geologic hazards.
The proposed activity envelope is within a mapped alluvial fan. The potential for a debris flow
affecting the Activity Envelope has been addressed in the standards section of the land use
application.
7 -10 -220: DRAINAGE
It is the policy of the County that development not disturb the integrity of existing and natural
drainage patterns, and to discourage land use and development activities that subject areas to
increased potential for damage by flood, erosion or sedimentation, or increase the potential for
water pollution.
The applicant will install proper drains around the foundation and utilize best management
practices to control drainage.
7 -10 -230: EROSION
It is the policy of the County that development not contribute to the erosion of soil and rock and
that natural vegetative cover be maintained and that areas disturbed by land use or development
activities be revegetated.
Standard erosion control practices shall be used.
7 -10 -240: SCENIC QUALITY
It is the policy of the County that its natural, rural scenery be preserved for the benefit of its
residents and the continued viability of its resort economy. Undergrounding of utility lines is
supported where and when appropriate to minimize visual impact.
Scenic quality was addressed in the Scenic View Protection section of the application.
7 -10 -250: CULTURAL/HISTORICAL RESOURCES
It is the policy of the County that historic and archaeological resources that meet national, state, or
local criteria for historic designation are preserved, protected from neglect, destruction or harmful
alteration, and maintained.
There are not any historic and archaeological resources locate on the property.
7 -10 -260: AIR QUALITY
It is the policy of the County that development not degrade air quality.
29
U90929
Site development will comply with local and state air quality regulations.
7 -10 -270: ENERGY CONSERVATION
New development is encouraged to incorporate energy conserving and alternative energy systems
and building systems that minimize consumption of energy.
Site development will comply with County energy codes.
7 -10 -280: NOISE
It is the policy of the County that development will not generate noise which would adversely
impact community noise levels.
Site development will comply with County noise standards.
7 -10 -290: WATER RESOURCES AND AQUATIC /RIPARIANMETLAND AREAS
(1) It is the policy of the County to preserve and protect its present water resources, recognizing
the county's semi -arid character and that significant transmountain and transbasin diversions
and the vested rights of senior appropriators have materially curtailed the availability of water
resources. Furthermore, wetlands and riparian ecosystems, which are important to
maintaining the overall balance of ecological systems; and are important plant communities,
wildlife habitat and movement corridors, should be conserved, protected and restored. The
County seeks to protect citizens' rights to permanently protected minimum stream flows in
rivers and creeks, and to the preservation of remaining natural riparian areas and wetlands.
(2) Land uses within the region should be designed to preserve and protect present water
resources, including surface and groundwater, and to avoid significant adverse affects on the
quantity, quality, or dependability of water resources in the County. Land uses should protect
against significant increased salinization of water, loss of minimum instream flows, and the
need for future major public expenditures to reacquire or redistribute water resources.
(3) To protect water resources and /or riparian habitat, development in areas adjacent to water
bodies, functional irrigation ditches and natural watercourse areas should maintain adequate
setbacks where necessary.
There will not be any impacts on the Roaring Fork River.
7 -10 -300: WILDLIFE
It is the policy of the County that proposed land uses (including structures) are compatible with the
ecosystem of wildlife habitats and do not pose immediate, long term or potential detrimental
impacts to such habitats. The County seeks to preserve, restore and perpetuate native wildlife and
plant diversity by maintaining sufficient habitat.
The subject site is not within a critical wildlife habitat area but is proximate to elk winter range.
The standards for elk winter range have been addressed.
7 -10 -310: LOGICAL EXTENSION OF UTILITIES
It is the policy of the County to regulate public and private utility extensions. Areas served by such
extensions must be found suitable for development in accordance with the Pitkin County
Comprehensive Plan.
The subject site is served by existing utilities.
III]
000.9 30
7 -10 -320: ADEQUATE PROVISION FOR WATER NEEDS
It is the policy of the County that the availability of a water supply of adequate quantity, pressure
and dependability for fire protection and support of a proposed land use be in place prior to
approval of the use.
The subject site will be served by an existing individual well.
7 -10 -330: SEWAGE TREATMENT
It is the policy of the County that adequate sewage treatment facilities are feasible and available to
serve existing and new developments.
The on site waste water disposal system is addressed in Tim Petz's letter which appears as
Attachment 21.
7 -10 -340: SOLID WASTE MANAGEMENT
Pitkin County is committed to all economically and environmentally appropriate processes that are
directed toward reuse opportunities and the prolonging of landfill life. The County supports efforts
to reduce waste generation and the amount of solid waste disposed of in landfills, and to
implement effective resource recovery and recycling activities.
The proposed development shall be designed to provide for segregation of waste materials for
recycling.
7 -10 -350: TRANSPORTATION/TRANSIT /ROADS
• The County encourages transportation programs consistent with the County Asset
Management Plan; modes and land use patterns that minimize automobile congestion,
promote safety and reduce sources of air pollution.
• The County supports preservation of rail corridors for potential development of rail or other
improved transit/trail alternatives in the future. No development should be allowed to
prevent the options of the Community to pursue rail, trail or other improved transit
alternatives along such corridors.
• Where practical as a means of retaining rural character, the County seeks to retain existing
unpaved roads and to preclude the extension of winter maintenance on rural roads.
• The County seeks cooperation with emergency service agencies in establishing emergency
access road standards that adequately address safety needs in the context of rural
character.
• Development that generates traffic volumes in excess of the capacity of the County road
system or that causes significant service level reductions is discouraged.
• Appropriate buffer strips should be preserved along federal, state and local roadways to
protect public views, minimize safety concerns and environmental impacts, and to preserve
corridors for future transportation facilities.
• Roadway capacity improvements should integrate alternative modes of transportation,
such as bicycles and transit, and pedestrian ways so as to add "people carrying" capacity
to the roadway, not just vehicular capacity, whenever feasible.
31
u(00331
• New and upgraded roadways should be designed, engineered and constructed to minimize
environmental and aesthetic damage and future maintenance costs consistent with public
safety needs.
The applicant shall pay any applicable Pitkin County Road impact fees at the time of building
permit.
7 -10 -360: PITKIN COUNTY AIRPORT (SARDY FIELD)
The County will partner with public, private and non - profit entities to support continued air safety,
reliable and efficient air service at Sardy Field. Neighborhood impacts will be considered relative
to expansions or improvements that would promote aviation operations.
This policy is not applicable to site development.
7 -10 -370: TELECOMMUNICATIONS
The County encourages adequate, minimal impact regional and community telecommunications
facilities to serve the needs of governments, emergency services, businesses, and citizens of
Pitkin County.
• Where a telecommunications system utilizes a network of facilities, a comprehensive
approach should be taken for evaluating potential sites in Pitkin County with a view to
minimizing the number of sites required and any adverse impact.
• When feasible and not otherwise detrimental, multiple telecommunications facilities should
be consolidated onto common towers, and /or located adjacent to, on or incorporated into
existing or proposed buildings or other structures.
This policy is not applicable to site development.
7 -10 -380: CITIZEN HOUSING
It is the policy of the County to encourage 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. Pitkin County seeks to preserve existing affordable housing to
the extent possible; and to encourage the development of affordable housing within established
Urban Growth Boundaries, where employment, services and facilities are typically already
established.
• It is the policy of Pitkin County to promote the availability of affordable housing for
employees generated by proposed development.
• A diversity of housing types and densities is encouraged in order to ensure affordable
housing for a range of individual and families. Deed restricted housing that ensures
occupancy by full time residents is preferred for development, especially within Urban
Growth Boundaries.
Affordable housing of urban or suburban densities is not encouraged outside the Urban
Growth Boundaries if it promotes sprawl or other development inconsistent with this or
other policies or regulations of the County. Affordable housing outside Urban Growth
Boundaries may be acceptable if it is: (1) Employee Dwelling Units (EDU) and Caretaker
Dwelling Units (CDU); (ii) job related on -site housing; (iii) conversion of existing locally
serving housing; (iv) on -site required mitigation housing; or (v) replacement of existing
affordable housing.
• Quality residential areas, which function as integral neighborhood units, are encouraged.
32
u00032
• Rehabilitation of existing residential facilities should be promoted where feasible. The
purchase and buy -down of existing units throughout the county is encouraged since it
promotes affordable housing goals without increasing growth rates or impacts.
• Special attention should be directed to providing for dispersal of housing for low and
moderate income families and low income senior citizens throughout the residential areas
of the Urban Growth Boundaries with due consideration to other policies of the County and
the availability of water and sewer service, fire protection, public transportation,
employment, shopping, schools, social services, and recreational activities.
• The use of energy conservation and innovative home building techniques in order to
reduce construction and /or operating costs without sacrificing safety or desirability of the
housing shall be encouraged and supported. When appropriate, the revision or adoption of
building codes will be encouraged to meet this objective. For deed restricted housing
projects, a preference will be given to developers and contractors that utilize such
techniques.
Affordable housing impact fees will be paid at the time of building permit, if applicable. .
7 -10 -390: REQUIRE THAT DEVELOPMENT BEAR AN EQUITABLE SHARE OF
RELATED BURDENS
It is the policy of the County that new development must pay an equitable share that would
otherwise be borne by the general public, and /or make equitable contributions, commensurate with
its impacts, to ensure that no reduction in the quality of services, public facilities or programs
occurs as a result of the development.
The applicant will pay applicable impact fees at building permit.
7 -10 -400: GENERAL GOVERNMENT/ PUBLIC PARTICIPATION AND PLANNING
PROCESSES
• Pitkin County acknowledges the benefit of regional planning. To that end, the County
supports planning efforts between counties, towns, state and federal agencies. These
cross - jurisdictional approaches are most notably important in the venues of transportation,
housing, open space, water resources, agricultural lands, solid waste facilities, public
safety, wildfire mitigation and human and social services. Intergovernmental agreements
are encouraged to facilitate implementation of common land use goals.
• The County encourages general public participation when public and quasi - public bodies
are making decisions, which significantly affect citizens and the formation of specific
citizen advisory groups to participate in planning - related matters.
• Pitkin County promotes the preparation of community -based plans by Caucuses or other
neighborhood groups that are consistent with the policies herein, and other policies
adopted by the Board of County Commissioners. Recognizing the unique qualities and
issues inherent in our County, creative approaches to land use are encouraged.
This policy is not applicable to the subject site.
felt]
660U133
7 -10 -410: ECONOMIC SUSTAINABILITY AND CONDITION
A balanced, diversified economy should be promoted in order to maintain and enhance the quality
of life in our community. The economy should offer desirable local employment opportunities
without creating significant job growth. Desirable local businesses may include those that utilize
environmentally sustaining operating practices, recycle monies back into the local economy, and
do not adversely impact surrounding areas.
This policy is not applicable to the subject site.
7- 10420: CONFORMANCE WITH OTHER LAWS
It is the policy of the County to consider whether approval of uses or development of lands within
Pitkin County is consistent with applicable laws of the United State of America and the State of
Colorado.
Site development will comply with local, state and federal laws.
Vested Property Rights
Section 2 -20 -170
The standards and procedures to obtain Vested Property Rights appear below followed by the
applicant's responses.
(a) General
(1) The approval or conditional approval of a Site Specific Development Plan results in the
establishment of a vested property right pursuant to C.R.S. 24 -68 -101 et. seg.
(1) During the pre - application meeting related to an application for a development approval
that can be approved through Administrative Review (pursuant to Table 2 -1), the
Community Development Department staff shall ask whether the applicant intends to
create a vested property right in the approved application.
(2) If the applicant's intention is to create a vested property right in any development permit
other than a Site Plan or Activity Envelope, then staff shall inform the applicant that the
application shall be processed through the One -Step Review process, with a hearing
before the Hearing Officer.
(3) If the applicant's intention is to create a vested property right in a Site Plan or Activity
Envelope, the staff shall inform the applicant that the application shall be processed
through the following procedure:
The Community Development Department shall post notice and provide mailed notice to the
property owners adjacent to the site of the lot or parcel for which a Site Plan or Activity
Envelope is proposed. The notices shall contain the information required by Sec. 2 -20 -100
and shall state that the Community Development Department will accept comments or
objections regarding the application until a date at least two (2) weeks following the
postmarked date of the mailed notice. The notice shall further state that if no objections are
received by that date, the Community Development Department shall make a decision on the
application pursuant to this Land Use Code.
If no objections to the application are received by the date stated in the notice, the Community
Development Department shall document the fact that no objections were received and shall
make a decision on the application pursuant to this Land Use Code.
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If any objections to the application are received by the date stated in the notice, the
Community Development Department shall continue the application to a public hearing before
the Hearing Officer.
(4) The vested property rights procedures in this section shall apply to any Site Specific
Development Plan approved on or after January 1, 1988. The procedures shall not apply
to any Site Specific Development Plan or other land use application approved prior to
January 1, 1988, and the law applicable on the date of approval shall apply to such
projects.
The applicant is seeking a Vested Property Right for the subject site. According to Section 2 -20-
170 (b) (d) an Activity Envelope approved pursuant to Section 2- 30- 20(g)(3) constitutes a Site
Specific Development Plan. If the Activity Envelope is approved it shall be vested for a term of
three years.
Summary
This land use application has addressed the Land Use Code standards identified by the Pitkin
County Community Development Department in the Pre - Application Conference Summary Sheet
(see Attachment 16). The following is a summary of the Attachments to this land use application.
1. Vicinity Map
2. Resolution of the Board of County Commissioners of Pitkin County Colorado Approving
the Aspen Park Lot Separation and Subdivision Exemption
3. Subdivision Exemption Plat of the Aspen Park Re- Subdivision
4. Improvement Survey
5. SnL Aspen Leaf LLC Orthophoto
6. Existing Site Plan
7. Overall Proposed Site Plan
8. Enlarged Site Plan
9. Overall South East & North West Elevations
10. South East Elevation
11. South West, North East and North Elevations
12. North West Elevation
13. West Elevation
35
U00U35
14. South Elevation
15. Driveway Profile
16. Pre - Appliction Conference Summary Sheet
17. Improvement Survey: Slope Delineation
18. October 2, 2009 Letter from Roger Pihl P.G. of Yeh and Associates, Inc., "Geologic
Hazard Evaluation"
19. Summer Photo of Site from State Highway 82
20. Summer Photo of Driveway from State Highway 82
21. September 24, 2009 letter from Tim Petz of All Service Septic
22. Letter Authorizing Application Submission
23. Fee Agreement
24. List of Adjacent Property Owners
25. Title Commitment
Please contact me if we can provide any additional information or to clarify anything.
Sincerely,
DAVIS HORN INCORPORATED
GLENN HORN AICP
36
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Attachment I
VICINITY MAP
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Reception No. toretra 3Anner, Recorder Reop rdeO -, 9:07 A.Y.
� June 14, 1979
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RESOLUTION OF THE ;O.4FD =370 u4t742
OF COLNT7 COMNISSY NERS Or
PITKIN COUNTY COLJPADO
APPROVING THE ASPEN PAR). LOT SEPARATION
AND SCEDIVISION EXEMPTION
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WHEREAS, the Pitkin County Planning and Zoning Commission did by resolution
recommend to the Board of County Comaissioners approval of separation of Lots 17
through 30 into three development pane'^ lots 17 through 20 <lots 21 through 24,
and lots 25 through 30, aru
WHEREAS, upon due notice, the Board ,did, on May 7th, 1979, conduct a Public
hearing on the proposed lot separation, and
WHEREAS, upon the recommendation cf the Aspen /Pitkin County Planning Office and
the Pitkin County Planning and Zoning Cu mdssion, and r.fter having considered the
evidence and testimny presented, the Board had determined to act.
NOW, THEREFORE, BE IT RESOLVED by thv Board of County Commissioners of Pitkin
County that the lot separation of lots 17 through 30 c: Aspen Park Subdivision into
the following development parcels, lots 17 through 20, lots 21 through 24, and 25
through 30 with the following conditions:
1. An access ntan, showing road widths, dedications, grade and cut banks, and
Highway Dep:rteen: Permit, be submitted and approved to the satisfaction of
the County Errgireer prior to building department issuance.
2. An overall ::tility plan, showine easements and locations of enderground only
extensions ue sulvdtted and approved to the satisfaction of the County
Engineer prior to issuance of a building permit.
3. A water and sanitation plan he submitted to the County Environmental Health
Officer for his approval prier to the issuance of a building permit.
4. A survey and monumentation retard, satisfactory to the County Engineer, show-
ing acreage and boundaries of the proposed lots be submitted for issuance
of a building permit.
5. A site evaluation of the building sites by a geological - ngipeec be done
prior to the issuance of a building permit.
6. That each of th• development sites previously identified be deed restricted
against any further separation.
AND BE IT FURTHER RESOLVED that the Board does approve a subdivision exemption
for the purposes of boundary line adjustu -ant on lot 17 of Aspen Park and Further
requires an amiendeent plat be filed with the Pitkin County Clerk's Recorder office
cm370.
-743
in ccnfomnce with the Pitkii. County Code.
THE BOARD OF L^UWY COMMISSIONERS
ATTEST:
Clerk an ecorder
OF FMIN COUNTY, COLORADO
By
e �Od.3r t, Jr.,
APPROVED:
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LEGEND AND NOTES
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LEGAL DESCRIPTION
LOT B, ASPEN PARK RE- SUBDIVISION, ACCORDING TO
THE PLAT THEREOF RECORDED
JANUARY 15, 1986 IN PLAT BOOK 18 AT PAGE 27.
COUNTY OF PITKIN
STATE OF COLORADO
CONTAINING: 2.669 ACRES +/-
Disclaimer
Applicant acknowledges that he /she has been informed
by Pitkin County of the existence of environmental hazard
areas that might affect the property, any improvements,
and the use and occupancy thereof, the provisions of the
Pitkin County regulations do not in any way assure or imply
that areas outside of designated hazard areas will be free
from hazards, or that approved mitigation measures will
guarantee the safety of any property.
Name Owner /Applicant
Pitkin County Community Development Department Hearing Officer
This Activity Envelope /Site Plan has been reviewed and approved by the
Pitkin County Community Development Department
Hearing Officer this day of , subject to
Hearing Officer Determination No. ,
recorded as reception No.
Pitkin County Community Development Department Hearing Officer
James R. True
Acceptance for Recording
This Activity Envelope /Site Plan has been accepted for filing in the office
of the Clerk and Recorder of the County of Pitkin,
State of Colorado, at o'clock, m, this day of
in plat book , page as reception number
Clerk and Recorder
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PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff DATE: 9/29/09 it
PHONE: (970) 920 -5093 E -MAIL: suzannewCcDco.pitkin.co.us
LOCATION: 45101 Highway 82
PID# 273728302002
APPLICANT: Larry DeGeorges 'r(kxna
REPRESENTATIVE: Glenn Horn EMAIL: ghorn @rof.net
Type of Application: Special Review for TDR, Activity Envelope and Site Plan Review
Description of Project/Development: The Applicant proposes to remodel /expand the existing single family
residence and to realign the driveway.
Land Use Code Sections to be addressed in letter of request (application):
• 2- 30- 20(g): Activity Envelope and Site Plan Criteria for Approval
• 2- 30- 30(h): Special Review Criteria for TDR Receiver Site;
• 6- 30- 50(b)(2): GMQS exemption for Additional Floor Area using TDRs
• 7- 10 -50: Activity Envelope and Site Plan
• 7- 20 -10: Site Preparation and Grading
• 7- 20 -20: Steep and Potentially Unstable Slopes
• 7- 20 -30: Water Courses and Drainage
• 7- 20 -50: Geologic Hazard Areas — within a potential debris flow hazard area
• 7- 20 -70: Wildlife Habitat Areas — not within any mapped or field verified wildlife habitat areas; adjacent to
field verified elk winter range
• 7- 20- 120(d): Standards for Scenic View Protection Areas
• 7 -20 -130: Landscaping and Vegetation Protection
• 7 -30: Roads, Driveways and Parking
• 7 -50: Public Services and Utilities
Review by: Hearing Officer
Public Hearing: YES. The applicant shall post a public notice sign on the property at least 15 days prior to
the hearing and shall mail notice to all adjacent property owners at least 30 prior to the hearing with the return
address of the Community Development Department (copy of the notice to be obtained from the Community
Development Department). The names and addresses shall be those on the current tax records of Pitkin
County as they appear no more than 60 days prior to the date of the public hearing.
Staff will refer the application to the following agencies: Aspen Fire District, East Aspen Caucus, Planning
Engineer
FEES: $3,072 (make check payable to " Pitkin County Treasurer ")
• $2,494 Planning Office flat fee (non - refundable; based on 10 hours of staff time. If staff review time
exceeds 12 hours, the Applicant will be charged for additional time above 10 hours at a rate of $249 /hour)
• $499 Planning Engineer
• $54 Public Notice Fee
• $25 Clerk Technology Fee
To apply, submit 5 copies of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and
addressing compliance with the Code sections listed above;
2. 24" by 36" Site Plan as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual;
®000:54
3. Technical Reports as designated in Section 2.1.12 of the Application Manual (as applicable)
4. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Application Manual
5. Consent from the owner of the property for the representative to process the application and represent the
owner;
6. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance
company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the
property and all mortgagees, 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.
7. Parcel description, including legal description and vicinity map;
8. Total fee for review of the application;
9. Signed fee agreement (1 copy);
10. Copy of this preapp form (1 copy)
NOTES
➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION.
PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF
POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR
APPLICATION.
➢ ALL MAPS SHALL BE FOLDED.
➢ 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 staffs interpretations
based upon representations of the applicant. Additional information may be required upon a complete
review of the application.
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LEGEND AND NOTES
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PREPARED BY
ASPEN SURVEY ENGINEERS, INC.
2'8 SOUTH GALENA STEeET
ASPEN, COLCRADO 81811
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DATE 10.
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Att 7 r% e n t
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Yeh and Asso ciatil
Consulting Engineers & Scientists
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October 2, 2009
Mr. Larry DeGeorge
c/o Davis Horn, Inc.
215 S. Monarch, Suite 104 Project 29 -198
Aspen, Colorado 81611
Subject: Geological Hazard Evaluation, DeGeorge Property, 45101 State Highway 82, Pitkin
County, Colorado.
Dear Mr. Horn:
This letter presents the results of Yeh and Associates, Inc. geological hazards evaluation for the
subject property. This evaluation is intended to provide an assessment of the geological hazards
which may affect development of the property. This evaluation consisted of field reconnaissance
and review of existing literature. Our investigation was conducted in accordance with Section 7-
20-20 Steep and Potentially Unstable Slopes and Section 7 -20 -50 Geologic Hazards, Sections (b)
through (i) of the Pitkin County Development Standards. This evaluation does not include
environmental or avalanche assessment.
We understand that the proposed development includes re- alignment of the driveway and
construction of a garage and parking area with retaining walls to support the surrounding slopes.
All of the improvements are planned for the south side of the building envelope.
INVESTIGATION AND LITERATURE REVIEW
Our investigation consisted of a site visit and review of three map sets, "Map Showing Areas of
Selected Potential Geologic Hazards in the Aspen Quadrangle, Pitkin County Colorado" by
Bruce Bryant, 1972; "Geologic Map of the Aspen Quadrangle, Pitkin County Colorado" by
Bruce Bryant, 1971; and "The Geologic Map of the Leadville 1 degree by 2 degree Quadrangle,
Northwestern Colorado ", 1978 by Tweto, Moench, Reed. We conducted a site visit to the
property on September 22, 2009.
SITE CONDITIONS
The approximately three acre site is located on the northeast side of State Highway 82
approximately 3.4 miles southeast of Aspen. The Roaring Fork River Valley in this area exhibits
a "U" shaped glacial geomorphology with cliffs, hanging valleys near the top and colluvial,
alluvial and glacial overburden deposits transitioning the steep slopes of the cliffs into a
relatively flat valley floor. The site is near the confluence of the Roaring Fork and an un -named
drainage trending to the east.
The parcel is located at approximate elevation of 8200 feet. The un -named creek descends from
the northeast to the Roaring Fork River along the northern boundary of the parcel. The incised
drainage channel is turned to the west by a lateral moraine feature where it enters the adjacent
parcel. An irrigation diversion head gate directs part of the stream to the southwest where it
flows to a small pond.
5700 East Evans Avenue, Denver, CO 80222, (303) 781 -9590, Fax (303) 781 -9583
170 Mel Ray Road, Glenwood Springs, CO 81801, (970) 384 -1500, Fax (970) 384 -1501
570 Turner Drive, Suite D, Durango, CO 81303, (970) 382 -9590, Fax (970) 382 -9583
0 0057
A.ttpoftn^ent
29 -198 DeGeorge Parcel, 45101 SH82, Geological Hazards Evaluation ' it
The topography of the site is gently to moderately sloping, mountainous terrain, moderately
vegetated with native grasses, aspen and some conifer trees. Surface observations indicate that
the native soils consist of sand, gravel and boulders. The ground appears to be a hummocky
moraine surface with irregular and poorly define drainage paths.
State Highway 82 bounds the western side of the parcel with steeper terrain to the east rising
from 8100 feet near the road where the driveway departs to 8200 feet at the eastern edge of the
parcel. The lot has typical slope grades of 10% to 20% with some steeper areas to the east as well
as small, steeper areas near the house, which are due to previous lot grading.
Bedrock outcroppings are not visible on the parcel. The basin area above the site is roughly one
square miles and is underlain by intrusive, igneous bedrock. The top of the basin is over 10,000
feet in elevation and the channel has maximum slope gradients of around 50 %.
The site is situated on an elevated, topographic bench above the valley bottom. One of the
referenced geologic maps shows that this bench feature consists of young glacial drift and glacial
outwash deposits. The other shows a combination of alluvial fan and glacial moraine deposits.
The geologic hazards mapping shows that the parcel lies within an alluvial fan hazard area.
RESULTS
Section 7 -20 -20 Unstable Slone Hazards
The parcel has steep and potentially unstable slopes along the east side of the parcel as well as
along the highway. These slopes appear to be stable in their current configuration and are not
within the area of the planned improvements. Slope gradients in the area of the future garage and
driveway are mostly between 15% and 30 %. Some of these slopes are natural, heavily vegetated
and do not show signs of instability. Several small slopes within the improvement area are
between 30% and 45 %. These steeper slopes are turf - covered, man-made anomalies which are
stable in their current configuration. Future grading and development may affect the condition of
the existing slopes. Cuts in this area, which cannot be safely sloped will require engineered
retention. Permanent slope recommendations should be provided in the geotechnical report for
the site.
Section 7 -20 -50 (d) Alluvial Fan Hazard
The drainage basin above the parcel may produce debris floods on rare occasions. The igneous
bedrock underlying the basin, the high elevation of the top of the basin as well as the slope and
degree of vegetation within the basin and channel areas make the likelihood of significant,
frequent debris floods low. The clear presence of a lateral moraine below a hanging valley,
hummocky terrain, soil type and the absence of historic debris deposition indicates that the bench
feature upon which the site is located is primarily a glacial deposition and not an alluvial fan
deposit. Future debris events will likely travel down the existing drainage path and onto the
parcel to the north. The area of planned improvements to the south of the existing structures is
not affected by potential, future debris flow events. Mitigation is not recommended for the
proposed improvements.
0001158
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29 -198 DeGeorge Parcel, 45101 SH82, Geological Hazards Evaluation
Section 7 -20 -50 (b). (c). (e). (fl. (e), (h), (i)
None of the areas in this parcel are impacted by Section 7 -20 -50 (b) Landslide Hazards; (c)
Rockfall Hazards (e) Talus Slopes; (f) Mancos Shale; (g) Faults; (h) Expansive Soil and Rock;
(i) Ground Subsidence.
SUMMARY OF RESULTS
The proposed improvements are not affected by potential geological hazards. Potentially
unstable slopes due to the proposed construction can be completely mitigated by constructing
permanent slopes in accordance with recommendations in a geotechnical report for the site or by
engineered retaining walls.
LIMITATIONS
This report has been prepared in accordance with generally accepted geological practices in this
area for use by the client for preliminary planning purposes. If geological hazard mitigation is
included in the site - specific development plan, Yeh and Associates, Inc. should review the
proposed design and construction procedure. The preliminary conclusions and recommendations
submitted in this report are based upon data obtained from the observations made in the field. It
should be noted that rockfall and debris events are sporadic and unpredictable.
The findings and recommendations given in this report are site - specific, and are only valid for
the subject site.
Respectfully submitted,
Yeh and Associates, Inc.
PiH
Roger A. Pihl P.G., (WY #PG -3353)
Principal Scientist
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Fax 303.216.2796
September 24, 2009
LPL Investment Group
Attn: Larry DeGeorge
140 Intracoastal Point Drive
Suite 410
Jupiter, FL 33477
Onsite Wastewater System Evaluation, Existing 6 Bedroom Residence
45101 Highway 82
Aspen Park Subdivision, Lot B
Pitkin County, Colorado
Larry,
Project No. 1649
As requested, ALL SERVICE septic, LLC performed an onsite wastewater system (OWS) evaluation
on September 21" and 22 2009 for the subject property. The evaluation was conducted to verify the
working order of the OWS to serve a 6- bedroom residence. As we understand, the subject property is
undergoing a remodel and adding approximately 1500 SF of area, although not increasing bedroom
count.
The subject property is located in Pitkin County, outside of the town of Aspen, Colorado. The subject
OWS was permitted by Pitkin County in 1998 under permit #98033.
The OWS consists of one 2000- gallon single - compartment concrete septic tank, followed by one
1500- gallon single compartment concrete septic tank followed by a gravelless chamber drain field.
The drain field consists of 140 `standard' chambers, equaling 2060 SF of infiltrative area. Four
observation pipes were present in the drain field.
OBSERVATIONS
Two cleanouts were present along the sewer pipe between the house foundation and the septic tanks.
Both septic tanks had appropriate risers and lids to the surface and were accessible. The tanks were in
good condition and had liquid levels that indicated the flow of sewage and effluent was appropriate.
A PVC tee was present on the outlet pipe of the tank series.
The tanks were pumped by B and R septic in the spring of 08'. The scum layer in the primary
septic tank was indicative of the pumping, as it measured less than 1 ".
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September 24" ge 2
Page 2
Four observation pipes were visible in the area of the drain field. All ports were checked and were
dry. The area of the drain fields has adequate vegetation, and the drain field areas showed no
signs of surfacing effluent, and had no indication of failure.
RECOMMEDATIONS AND /OR CONCLUSIONS
1. As an upgrade - Place an effluent filter on the outlet of the septic tank. This helps prevent
the migration of solids to the drain field.
2. The septic tanks do not need to be pumped for several years, although should be checked
yearly.
This evaluation is not a guarantee of any future drain field performance, in any way. ALL
SERVICE septic, LLC evaluated the OWS, and has no further knowledge of use and/or performance,
and/or any changes.
Please call with questions.
Sincerely,
ALL SERVICE septic, LLC
Timothy R. Petz, P.G.
NAWT Certification No. 1060041C
2 copies sent to Larry DeGeorge
Copy emailed to Glenn Hom
Copy emailed to Rich Paveek
Reviewed. By:
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Richard H. Petz,
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OWS Evaluation
7i: men Project No. 1649
L" N ", September 24' 2009
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SnL Aspen Leaf LLC
LPL Investment Group
140 Intracoastal Pointe Drive
Suite 410
Jupiter, FL 33477
October 2, 2009
Suzanne Wolff AICP
Pitkin County Community Development Department
130 South Galena
Aspen, Colorado 81611
Re: SnL Aspen Leaf LLC Special Review, Activity Envelope and Site Plan Review
Barn (45101 State Highway 82 PID # 2737- 283 -02 -002)
Dear Suzanne:
This letter authorizes Davis Hom Incorporated and Charles Cunniffe Architects to
prepare a land use application for our property located at 45101 State Highway 82 Aspen.
Davis Horn Incorporated and Charles Cunniffe Architects will represent us in the land
use review process.
Thank you.
Sincerely,
of-,)n 6g
Ift ILL , r 'en
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PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter "COUNTY ") and SnL Aspen Leaf LLC
(hereinafter "APPLICANT ") AGREE AS FOLLOWS:
APPLICANT has submitted to COUNTY an application for Special Review for TDR, Activity
, the "PROJECT ").
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 008 -2008 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 the 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 $ $ 3,072 which is based on 12 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
Leaf
Print Name and Title
Date: 10/2 -09
Mailing Address:
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City of Aspen &
Pitkin County GIS
130 S Galena St
Aspen, CO 81611
Phone, 970 -'d20 -5453
Fax'. 970544 -5378
Z 61 DATE: io /
INVOICE # 201093
BILL TO: Glen Horn
Davis Horn
215 S Monarcl . Ste 104
Aspen, 0087611
970- 925 -6587
DESCRIPTION QUANTITY HRS I EXTR SHEETS
AMOUNT
Mailing Labels 300ft SnL Aspen Leaf LLC 1
$70.00
Sales Tax- 9.0%
Total
$6.30
$76.30
Make all checks payable to City of Aspen and
reference GIS E the Invoice numher In the note
THANK YOU FOR YOUR BUSINESSI
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ATTN: JOHNS GATES GATES JO 82
44987 HIGHWAY 82 ASPEN, CO 81611
ASPEN, CO 81611 -2300
MCCLUSKEY MAUREEN POLONSKY LEONARD S
PO BOX 12381 8 PARK CRESCENT
ASPEN, CO 81612 LONDON, UK W1B1PG
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INDEPENDENCE HOLDINGS LLC
C/O M BLANK CPA
23705 BIRTCHER DR
LAKE FOREST, CA 92630
SKOKOS THEODORE C 8 SHANNON B
2801 TURTLE CRK BLVD #6E
DALLAS, TX 75219
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Date: August 28, 2009
Order Number: 913645 - -C4
Buyer: SnL Aspen Leaf LLC, a Colorado limited liability company and
Seller: Albert and Patricia Nichols Living Trust U/P /D November 1, 1993
Property Address: 45101 Highway 82, Aspen, CO 81611
Please direct all Closing inquiries to:
Carolyn Ethridge
620 East Hopkins Avenue
Aspen, Colorado 81611
Phone: 970- 925 -3577 Fax: 970- 925 -1384
Email Address: carolyn.ethridge @stewart.com
SELLER:
Albert and Patricia Nichols Living Trust U/T/D November 1
1993
23705 Birtcher Diive
Lake Forest, California 92630
LISTING BROKER:
BUYEWBORRO W ER:
SnL Aspen Leaf LLC, a Colorado limited liability company
c/o Richard A. Knezevich
533 East Hopkins Ave
Aspen, Colorado 8 161 1
SELLING BROKER:
Mason & Morse Real Estate
Attn: Brian Hazen
Roland Weissman
514 East Hyman Avenue
Aspen, Colorado 81611
Phone: (970) 925 -7000 or
Fax: (970) 925 -7027
Email Address:
Chaffin Light Real Estate
Attn: Anne White
Becky Dombrowski
P.O. Box 5000
Snowmass Village, Colorado 81615
Phone: (970) 923 -2006 or
Fax: (970) 923 -2550
Email Address:
We Appreciate Your Business And Look Forward to Serving You in the Future.
060973
Stewart Title
stewart title
Aspen Division
620 East Hopkins Avenue
Aspen, Colorado 81611
Phone: 970-925-3577
Fax: 970- 925 -1384
Date: August 28, 2009
Order Number: 913645 - -C4
Buyer: SnL Aspen Leaf LLC, a Colorado limited liability company and
Seller: Albert and Patricia Nichols Living Trust U/P /D November 1, 1993
Property Address: 45101 Highway 82, Aspen, CO 81611
Please direct all Closing inquiries to:
Carolyn Ethridge
620 East Hopkins Avenue
Aspen, Colorado 81611
Phone: 970- 925 -3577 Fax: 970- 925 -1384
Email Address: carolyn.ethridge @stewart.com
SELLER:
Albert and Patricia Nichols Living Trust U/T/D November 1
1993
23705 Birtcher Diive
Lake Forest, California 92630
LISTING BROKER:
BUYEWBORRO W ER:
SnL Aspen Leaf LLC, a Colorado limited liability company
c/o Richard A. Knezevich
533 East Hopkins Ave
Aspen, Colorado 8 161 1
SELLING BROKER:
Mason & Morse Real Estate
Attn: Brian Hazen
Roland Weissman
514 East Hyman Avenue
Aspen, Colorado 81611
Phone: (970) 925 -7000 or
Fax: (970) 925 -7027
Email Address:
Chaffin Light Real Estate
Attn: Anne White
Becky Dombrowski
P.O. Box 5000
Snowmass Village, Colorado 81615
Phone: (970) 923 -2006 or
Fax: (970) 923 -2550
Email Address:
We Appreciate Your Business And Look Forward to Serving You in the Future.
060973
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ALTA Commitment (6/17/06)
ALTA Commitment Form
ZS
COMMITMENT FOR TITLE INSURANCE
Issued by
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granty company
Stewart Title Guaranty Company, a Texas Corporation ( "Company "), for a valuable consideration,
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land
described or referred to in Schedule A, upon payment of the premiums and charges and compliance with
the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided
that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This commitment shall not be valid or binding until countersigned by a validating officer or authorized
signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
A z/a/iii
Stewart Title
Aspen Division
620 East Hopkins Avenue
Aspen, Colorado 81611
Phone: 970 -925 -3577
Fax: 970- 925 -1384
Order Number: 913645 - -1
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We guaranty company
T/See�ni %7ioor Chairman of a Board
L: netrmanot t
ALTA Commitment (6/17/06)
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: August 12, 2009, at 7:30 A.M. Order Number: 913645 - -C4
2. Policy or Policies To Be Issued: Amount of Insurance
(a) A.L.T.A. Owner's (Extended) $15,500,000.00
Proposed Insured:
LnS Holdings LLC, a Colorado limited liability company, as to Parcel One and
Sul, Aspen Leaf LLC, a Colorado limited liability company, as to Parcel Two
(b) A.L.T.A. Loan
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the referenced estate or interest in said land is at the effective date hereof vested in:
INDEPENDENCE HOLDINGS LLC, A COLORADO LIMITED LIABILITY COMPANY as
to Parcel One
And ALBERT AND PATRICIA NICHOLS LIVING TRUST U/P/D NOVEMBER 1, 1993 as
to Parcel Two
5. The land referred to in this Commitment is described as follows:
See Attached Legal Description
Purported Address:
45101 Highway 82
Aspen, Colorado 81.61 1
Order Number: 913645 --C1
ALTA Cammitment (6117/06) — Schedule A
Title Officer: Linda Williams
Page I of 2
Statement of Charges:
These charges are due and payable before a Policy can
beissued:
Standard Rate
2006 Owner's Policy:
Owner's Extended
Coverage:
Tax Certificate:
Form 107.10 Add'linsured
end.
$21,997.00
$150.00
G. t I t
$100.00
7 stewart
title guaranty company
000975
SCHEDULE A
LEGAL DESCRIPTION
PARCEL ONE:
Lot 17 EXCEPT the Northeast one -half thereof,
And all of Lots 18, 19 and 20,
ASPEN PARK SUBDIVISION
According to the Plat Book 2 at Page 23
EXCEPT any portion conveyed to Department of Transportation, State of Colorado by Deed
recorded January 29, 1993 in Book 702 at Page 367 and EXCEPT any portion thereof conveyed to
the Department of Transportation, State of Colorado by Deed recorded August 29, 1956 in Book
174 at Page 526
PARCEL TWO:
Lot B
ASPEN PARK RESUBDNISION
According to the Plat thereof recorded January 15, 1986 in Plat Book 18 at Page 27
COUNTY OF PITKIN, STATE OF COLORADO
Order Number, 913645C4
ALTA Commitment (6/17/06) — Schedule A
Title Officer: Linda Willimns
Page 2 of 2
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title guaranty company
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COMMITMENT FOR TITLE INSURANCE
SCHEDULE B — Section 1
REQUIREMENTS
Order Number: 913645 - -C4
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the
estate or interest to be insured.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and
assessments as certified by the County Treasurer.
4. Execution of affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company.
5. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND
3 OF THE OWNERS POLICY:
A SURVEY, meeting the minimum detail standards of the ALTA/ACSM, Survey OR
IMPROVEMENT LOCATION CERTIFICATE, prepared by a registered Colorado surveyor,
within the last TWO MONTHS, must be presented to Stewart Title Guaranty Company, for its
approval prior to the deletion of any survey exceptions from the OWNERS POLICY.
Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said
survey, or make further inquiry or requirements relative thereto.
Said Survey, must be certified to Stewart Title of Colorado and/or Stewart Title Guaranty
Company.
6. Release by the Public Trustee of the Deed of Trust from Albert L. Nichols and Patricia W. Nichols
as Trustees on behalf of Albert and Patricia Nichols Living Trust Dated November 1, 1993 for the
use of Northern Trust Bank of California N.A. to secure $4,779, 990.0 Odated June 25, 2001
recorded July 2, 2001 as Reception No. 456089. AS TO PARCEL TWO
7. Relating to Independence Holdings LLC, The Company requires for its review the following:
a) Copy of the Operating Agreement and the regulations of the limited liability company and any
amendments thereof
b) Execution of Statement of Authority pursuant to the provisions of Section 38 -30 -172 C.R.S.
8. Execution by Authorized Trustee of the Albert and Patricia Nichols Living Trust Dated November
1, 1993 , of Statement of Authority pursuant to the provisions of Section 38 -30 -172 C.R.S.
Order Number: ent(6 - {6 �Q
I
ACe Commitment (6/17/06) - Schedule B 1 V7le,,L��/
Page of 2 title guaranty company
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9. Relating to LnS Holdings, LLC a Colorado limited liability company and to SnL Aspen Leaf LLC,
a Colorado limited liability company
, The Company requires for its review the following:
a) Copy of the Operating Agreement and the regulations of the limited liability company and any
amendments thereof
b) Execution of Statement of Authority pursuant to the provisions of Section 38 -30 -172 C.R.S.
10. Deed from vested owner(s) vesting fee simple title in the purchaser(s).
Note: notation of the legal address of the grantee must appear on the deed as per 1976 amendment
to statute on recording of deeds CRS 38 -35 -109 (2).
Order Number: 913645 - -C4
ALTA Commitment (6/17/06) — Schedule d 1
Page 2 of 2
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COMMITMENT FOR TITLE INSURANCE
SCHEDULE B — Section 2
EXCEPTIONS
Order Number: 913645 - -C4
The policy or policies to be issued will contain exceptions to the following 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the
title that would be disclosed by an accurate and complete land survey of the Land and 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
the public records or attaching subsequent to the effective date hereof, but prior to the date
the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the
issuance thereof.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and unredeemed tax sales.
9. The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or inclusion in any water service or street improvement area.
NOTE: THE ABOVE EXCEPTIONS APPLY TO BOTH PARCELS, THE FOLLOWING
EXCEPTIONS APPLY TO PARCEL ONE ONLY, UNTIL OTHERWISE INDICATED:
10. Reservations and exceptions in Patents, or Acts authorizing the issuance thereof, including the
reservation of the right of proprietor of a vein or lode to extract and remove his ore therefrom
should the same be found to penetrate or intersect the premises as reserved in United States Patent
recorded February 22 1904 in Book 55 at Page 513
11. All matters shown on the plat of Aspen Park Subdivision recorded in Plat Book 2 at Page 23.
Order Number 913645 - -C4
ALTA Commitment (6/11/06) - Schedule B 2
Page I of 3
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dtle guaranty company
UL UJ79
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12. Easement and right of way contained in Grant of Easement recorded May 22 1979 in Book 369 at
Page 284 as Reception No. 214747.
13. Grant of Easement recorded July 3, 1986 Book 514 at Page 38 as Reception No. 279296.
14. Grant of Perpetual Easement recorded August 8 1994 in Book 757 at Page 866 and rerecorded
March 16 1995 in Book 776 at Page 449 as Reception No. 379794.
15. [Intentionally deleted.]
16. [Intentionally deleted.]
17. Resolution No. 79 -72 recorded in Book 370 at Page 742 as Reception No. 275398. ]✓
18. Memorandum recorded Jul 27, 1995 in Book 788 at Page 277 as Reception No. 383715. L�'
19. [Intentionally deleted.]
20. Resolution No. 98 -180 by Pitkin County recorded October 16 1998 as Reception No. 423368. ✓
21. Ditch Sharing Agreement recorded August 20, 2001 as Reception No. 457736.
22. Administrative Decision No. 67 -2008 by Pitkin County recorded July 9, 2008 as Reception No.
550824.
23. All matters shown on the plat of Independence Holdings Activity Envelope recorded September 3
2008 in Plat Book 88 at page 29 as Reception No. 552557.
24. All matters shown on the Improvement Survey by Aspen Survey Engineers Inc. Dated 08/09, Job
22513600.
THE FOLLOWING EXCEPTIONS APPLY TO PARCEL TWO
25. Reservations and exceptions in Patents, or Acts authorizing the issuance thereof, including the
reservation of the right of proprietor of a vein or lode to extract and remove his ore therefrom
should the same be found to penetrate or intersect the premises as reserved in United States Patent
recorded February 22 1904 in Book 55 at Page 513
26. All matters shown on the plat of Aspen Park Subdivision recorded in Plat Book 2 at Page 23
27. Resolution No. 79 -72 recorded in Book 370 at Page 742 as Reception No. 275398. ✓/
28. Grant of Easement recorded May 22, 1979 in Book 369 at Page 287 as Reception No. 214748.
order Number: 913645 - -C4
ALTA Commionent (6/17106) — Schedule B 2
Page 2 of 3
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29. Grant of Easement recorded August 11, 1986 in Book 516 at Page 345 as Reception No. 280370.
30. All matters shown on the plat of Aspen Park Resubdivision recorded in Plat Book 18 at page 27. 11 ��
31. Letter from Pitkin County recorded August 29, 2002 as Reception No. 471687. t/
32. All matters shown on the Improvement Survey by Aspen Survey Engineers Inc. dated 08/09, Job
17124CC
NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and or
buyer/borrower execute the Company's affidavits, as required herein, and the Company approves
such deletions. Exceptions 2 and 3 may be deleted from the policies, provided the Company
receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear
on the policies, provided the Company, or its authorized agent, conducts the closing of the
proposed transaction and is responsible for the recordation of the documents.
Order Number: 913645 - -C4
ALTA Commitment (6117106)— Schedule B 2
Page 3 of 3
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title guaranty company
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SCHEDULE B — Section 2 W +�
EXCEPTIONS
Order Number: 913645 - -C4
Except to the extent of the affirmative insurance set forth below; the Policy to be issued will not
insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
1. Those taxes and special assessments, which become due and payable subsequent to Date of
Policy.
2. Covenants, conditions and restrictions, if any, appearing in the public records; however, the
policy to be issued insures against loss or damage arising from:
a. the violation of any covenants, conditions and restrictions on or prior to Date of Policy,
except that this affirmative insurance does not extend to covenants, conditions, and
restrictions relating to environmental protection, unless a notice of violation thereof has
been recorded or filed in the public records and is not referenced in an addendum
attached;
b. a forfeiture or reversion of title from a future violation of any covenants, conditions and
restrictions appearing in the public records, including any relating to environmental
protections; and
c. any provisions in any covenants, conditions and restrictions under which the lien of the
insured mortgage can be extinguished, subordinated or impaired.
3. Any easements or servitudes appearing in the public records; however, the policy to be issued
insures against loss or damage arising from (a) the encroachment, at Date of Policy, of the
improvements on any easement, and (b) any interference with or damage to existing
improvements, including lawns, shrubbery and trees, resulting from the use of the easements
for the purposes granted or reserved.
4. Any lease, grant, exception or reservation of minerals or mineral rights appearing in the
public records; however, this policy to be issued insures against loss or damage from: (a) any
effect on or impairment of the use of the land for residential one -to -four family dwelling
purposes by reason of such lease, grant, exception or reservation of minerals or mineral
rights; and (b) any damage to existing improvements, including lawns, shrubbery and trees,
resulting from the future exercise of any right to use the surface of the land for the extraction
or development of the minerals or mineral rights so leased, granted, excepted or reserved.
Northing herein shall insure against loss or damage resulting from subsidence.
5. The policy to be issued insures against loss or damage by reason of any violation, variation,
encroachment or adverse circumstance affecting the title that would have been disclosed by
an accurate survey. The term "encroachment" includes encroachments of existing
improvements located on the land onto adjoining land, and encroachments onto the land of
existing improvements located on adjoining land.
STEWART TITLE
GUARANTY COMPANY
Commitment — Short Form Loan - Schedule S 2 Page 1 of 1
Q0182
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on December 22, 2009, the Hearing
Officer of Pitkin County granted approval for the SNL Aspen Leaf LLC Special Review for TDR,
Activity Envelope and Site Plan Review (Determination No. 06 -2009; Case No. P106-09). The
property is located at 45101 Highway 82 and is legally described as Lot 17 except the Northeast
one -half thereof and all of Lots 18, 19 and 20, aspen Park Subdivision and Lot B, Aspen Park
Resubdivision. The State Parcel Identification Number for the property is 2737 - 283 -02 -002.
This site - specific development plan grants a vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes.
s /James True
Hearing Officer
Pitkin County, Colorado
Published in the Aspen Times Weekly on March 14, 2010.
PUBLIC NOTICE
RE: SNL Aspen Leaf LLC Special Review for TDR Receiver Site, Activity Envelope and
Site Plan Review (CASE P106 -09)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December
22, 2009 to begin at 3:00 P.M., or as soon thereafter as the conduct of business allows, at
the Library Meeting Room, 102 North Mill Street, before the Pitkin County Hearing
Officer, to consider an application submitted by SNL Aspen Leaf LLC (140 Intracoastal
Pointe Dr Ste. #410, Jupiter, FL 33477) to remodel /expand the existing single family
residence and to realign the driveway. The property is located at 45101 Highway 82
and is legally described as Lot 17 except the northeast one -half thereof and all of
Lots 18,19 and 20, Aspen Park Subdivision and Lot B, Aspen Park Resubdivision.
The State Parcel Identification Number for the property is 2737 - 283 -02 -002. The
application is available for public inspection in the Community Development
Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information,
contact Mike Kraemer at (970) 920 -5482.
s /James True
Pitkin County Hearing Officer
Published in The Aspen Times Weekly on November 22, 2009.
Attention Applicant/Representative:
It is your responsibility to do the following:
1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least
30 days prior to the hearing with the return address of the Community Development
Department. The names and addresses shall be those on the current tax records of Pitkin
County as they appeared no more than 60 days prior to the date of the public hearing
2. Submit the Affidavit of Notice (Code Section 2 -20 -100) by Posting & Mailing (previously sent
to you with your applicant letter) as proof of compliance with the Code at the hearing.
3. Pick up Public Notice sign from the Pitkin County Community Development Department,
130 South Galena Street, Aspen, CO (970) 920 -5526
4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing
5. Remove the Public Notice sign within one week after hearing date
County of Pitkin
Slate of Colorado }
ss.
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AFFIDAVIT OF NOTICE &
MAILING PURSUANT TO P} Z
PITKIN COUNTY LAND USE
CODE SECTION 2 -20 -100
L G
'' \__� T X a -\ , being or representing an
Applicant to the Pitkin County Development Permit, personally certify that I have complied with the
public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations in
the following manner:
By mailing of notice, a copy of which is attached hereto, by first- class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to all owners of property within 300' to the subject property,
as indicated on the attached list, on the (I day of 1VOL) 2003(which isP prior to the
public hearing date of I'l TS . 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.
2. By mailin notice, a copy of which is attac reto, by first - class, postage �l r Mail at
least 3 ays prior to the public heari e owner(s) of the miner est�t nderneath the subject
7be tthh os e JI erty, as indicated on the a ed list, on the _ day of 200_ (which is _ days prior
e public hearing date , . The names and esses of the mineral estate owners shall
on the curre ax records of Pitkin Con s they appeared no more than 60 days prior to
the public heann
3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on the 2 day of NOL) 209, which is at least fifteen (15) days prior to the
public hearing. A photograph of the posted sign ached hereto.
Applicant's name
(Attach photograph here)
(j: countys�dminlfonns'affdavft
Signed before me thisCl:),day of 4�)J ,
204by
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WITNESS MY HAND AN9 OF ICIAL SEAL
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City of Aspen &
Pitkin County GIS
130 S Galena St
Aspen, CO 81611
Phone: 970- 920 -5453
Fax'. 970- 544 -5378
DATE: 10/5/09
INVOICE# 201093
BILL TO: Glen Horn
Davis Horn
215 S Monarch Ste 104
Aspen, CO 81611
970- 925 -6587
DESCRIPTION QUANTITY HRS I EXTR SHEETS
AMOUNT
Mailing Labels 300ft SnL Aspen Leaf LLC 1
$70.00
Sales Tax- 9.0%
Total
$6.30
$76.30
Make all checks payable to City of Aspen and
reference GIS & the invoice number in the note.
If you have any questions concerning this invoice, contact
Bridgette Kelly at 970 - 920 -5453, bridgett@ci.aspen . co. us.
THANK YOU FOR YOUR BUSINESSI
7_
..... ......... � �..�...�.w..r. r.. a. n�: .entir..rar•.��:1.6i&,i�ayCild -,
. 4
City of Aspen &
Pitkin County GIS
130 S Galena St
Aspen, CO 81611
Phone. 970- 920 -5453
Fax 970- 544 -5378
INVOICE
DATE: 10/5/09
INVOICE It 201093
BILL TO: Glen Horn
Davis Horn
215 S Monarch Ste 104
Aspen, CO 81611
970- 925 -6587
DESCRIPTION QUANTITY Hl I EXTR SHEETS
AMOUNT
Mailing Labels 300ft SnL Aspen Leaf LLC 1
$70.00
Sales Tax- 9.0%
Total
$6.30
$76.30
. 0 payau c w �IL or aspen ana
reference GIS 8 the invoice number in the note
It you have any questions eoncermnq this invoice, rontact
Bridgetle Kully at 6/0- 3205 -0'43, 5nngnlrrDci aspen co os
THANK YOU FOR YOUR BUSINESSI
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ELWOOD LLC
'ATTN: JOHNS GATES
44987 HIGHWAY 82
ASPEN, CO 81611 -2300
GATES JOHN S
44987 HWY 82
ASPEN, CO 81611
INDEPENDENCE HOLDINGS LLC
C/O M BLANK CPA
23705 BIRTCHER DR
LAKE FOREST, CA 92630
MCCLUSKEY MAUREEN
PO BOX 12381
ASPEN, CO 81612
POLONSKY LEONARD S
8 PARK CRESCENT
LONDON. UK W181PG
SKOKOS THEODORE C & SHANNON 8
2801 TURTLE CRK BLVD #6E
DALLAS, TX 75219
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PLANNING & REAL ESTATE CONSULTING
December 16, 2009
Cindy C
vperauon anagcr
Aspen /' in County I lousing Authority
530 Rast Main Street
LL
1, Colorado 81611
Re: 45101 State Highway 82 (Parcel ID # 2737 283 02 002, Aspen Park Subdivision
Lot B)
Dear Cindy:
We represent SnL Aspen Leaf LLC, in this matter pertaining to the deed restriction of an
existing Caretaker Dwelling Unit (CDU) within the single family house located at 45101
State Highway 82. Attached for your review and acceptance by the Chairperson of the
Housing Authority is a deed restriction for the referenced CDU which was built in 1984.
We are working on a land use application for the subject property to enable the new
owner to build a new garage and add some floor area to the house. In the course of our
work, it was brought to our attention by Joanna Schaffner that the CDU deed restriction
was never executed for the existing CDU. I have discussed this matter with Joanna, Mike
Kraemer and Lance Clarke. Lance has instructed me to execute the deed restriction at this
time. I ant sending Mike and Lance copies of this letter and the deed restriction which has
been executed by Larry DeGeorge, who represents SnL Aspen Leaf LLC.
I have researched the Community Development Department records to find the land use
approvals for the CDU. The records are somewhat sketchy, but I did find the attached
documents in the Building Department files which indicate that the CDU was legally
created.
1. February 17, 2000 Certificate of Occupancy for Single Family Residence and
CDU.
2. Form Lntitled "Deed Restricted Units in Pitkin County" which indicates that the
CDU was approccd as a "Planning Director Sign -Off' pursuant to building permit
ALICE DAVI' AICP 1 GLENN HORN AICP
21 i'0MTM MONAPCH , ,r . 'MITI 104. A''FtJ, <.OLORADO 81611 • 970/925 -6587 • FAX. 970/92'5180
'idn , o1.... r yhorn(q
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3. December 3, 1999 " kmldm-,, ji, p( , u,m t liccl< 1,1�t which includes handwritten
note with Instruction~ to Inspu(:J ,i ,iniii,l' 1'l1a1c 11, F,xclude Caretaker Unit."
4. Type written note in Ii1c which md,( ou, ;1 16,319 square foot house addition
includes "one CDU."
5. November 2, 2007 letter from Sandy liotcilho, Pitkin County Community
Development Department mlimnmg owner. Albert Nichols, a CDU exists on the
property without an address.
You may want to contact Lance or Mikc about this CDU. Please call me if you have any
questions.
Thanks for your assistance.
Sincerely,
DAVIS HORN INCORPORATED
GLENN HORN AICP
cc: Larry DeGeorge, SnL Aspen Leaf LLC
, 4
certificate of occupancy
aspen * pitkin
community development department
this certificate Issued pursuant to the requirements of
section 109 of the 1994 edition of the uniform building
code. it certifies that at the date of issuance, the structure
as described below was in compliance with the various
resolutions and ordinances regulating building construction
and use in this jurisdiction.
Use Classification: Single Family Residence
Use Zone: AFR -10
9 -844 & 7 -262 & 8 -84
Lot B, Aspen Park
45101 Highway 82, Aspen, CO. 81611
Albert & Patricia Nichols
3221 Bern Ct., Laguna Beach, CA.. 92651
Type Construction: V -N
Description: Existing 5,529 square foot house with the
addition of 16,315 square feet for a total new square footige of
21,784 including one bedroom, one hull bath, one dining room,
one living room, one media room, one office, one exercise room,
ore mechanical and storage room. CDU includes one kitchen,
one dining /living room, one bedroom and one full bath.
Comments & Restrictions: One fireplace: Rumsford.
- a• 17.00
Chief Building Official
Date
No: e: all occupancies,
a Conspicuous except R, this certificate must be posted in
cuous place near tlic main exit on the premises for which it
is issued. Airy alteration or use of these
thereof u described premises or portion
:r1 * _ le'srttten approval of the Building Ofieial shall negate
:his C.O. and s_iblect It to revocation.
3
Building Permit:
Legal Description:
lcr m 4
Building Address:
I'I
Owner of Building:
+J ((
Owner Address:
Group: R -2
Use Zone: AFR -10
9 -844 & 7 -262 & 8 -84
Lot B, Aspen Park
45101 Highway 82, Aspen, CO. 81611
Albert & Patricia Nichols
3221 Bern Ct., Laguna Beach, CA.. 92651
Type Construction: V -N
Description: Existing 5,529 square foot house with the
addition of 16,315 square feet for a total new square footige of
21,784 including one bedroom, one hull bath, one dining room,
one living room, one media room, one office, one exercise room,
ore mechanical and storage room. CDU includes one kitchen,
one dining /living room, one bedroom and one full bath.
Comments & Restrictions: One fireplace: Rumsford.
- a• 17.00
Chief Building Official
Date
No: e: all occupancies,
a Conspicuous except R, this certificate must be posted in
cuous place near tlic main exit on the premises for which it
is issued. Airy alteration or use of these
thereof u described premises or portion
:r1 * _ le'srttten approval of the Building Ofieial shall negate
:his C.O. and s_iblect It to revocation.
3
r
DEED RESTRICTED UNITS
IN PITKIN COUNTY
APPLICANT'S NAME
APPLICANT'S REPRESENTATIVE '1
PHONE - a 3 9/
PROJECT ADDRESS
PROJECT LEGAL DESCRIPTION
FOR STAFF USE ONLY
ZONE - L METRO
TYPE OF UNIT x CDU [1 EDU
BOCC RESOLUTION #
NET LIVABLE AREA
sc ft
BOCC CONDITIONS FOR HOUSING OFFICE
NON METRO
[I ADU [I RO [I AE
4'PLANNING DIRECTOR SIGN -OFF
BUILDING PERMIT NUMBER p- C?
CERTIFICATE OF OCCUPANCY ISSUE DATE
r ^.
AS PEN *PITKIN COMMUNITY DEVELOPMENT DEPARTMENT
t / '!30So�thG;len:�Sv et Aspen,Cclorado61611 • 970/92D-5p90
BUILDING MOPE
Inspection
::1 STE (Reba
Garage: Attached Detached:_
Footings
❑
Caissons
❑
Wall
❑
Wall Cores
C
Struc. Slabs
❑
Pads
❑
Piers
11
Bond Beam
L/ ELECTRIC
❑ Constr. Service
❑ Underground
❑ Rough
❑ P m. Service
Garage: Attached Detached:_
Final
❑
Bonding
❑
Special
❑ Rough
❑
CTION CHECK LIST
Partial Complete_
❑ PLUMBING
Permit No. I sV S�
i
f J Accepted as Noted Rejected G Reinspection Fee
are requited to make the fo ng correctio on the conslruction whir
G rvrarsnar Tor sprinkler inspection.
C BUILDINC
C R -Frame
❑ RoofVentilatit
❑ Drywall
❑ Special
Mobile Home
❑ Final
structions to
- SCRIPTION: # Levels__
Garage: Attached Detached:_
❑ MECHANICAL
rtry Foyer___ Bedrooms
E] APECC
El
Underground
❑ Rough
❑
Foundation Insulation
❑
Waste & Vent
❑ Flue(s)
❑
Slab Edge Insulation
, CFSSORY UNIT: Living
Water Pipe
❑ Gas Log
❑
Insulation
11
Gas Pipe
L] Combust. Air
❑
Glazing
❑
Gas Tag
❑ Ventilation
❑
Pool
❑
Final
❑ Kitch. Hood
❑
Spa
❑
`Fire Sprinklers
❑ Final
❑
Final
C
❑
f J Accepted as Noted Rejected G Reinspection Fee
are requited to make the fo ng correctio on the conslruction whir
G rvrarsnar Tor sprinkler inspection.
C BUILDINC
C R -Frame
❑ RoofVentilatit
❑ Drywall
❑ Special
Mobile Home
❑ Final
structions to
- SCRIPTION: # Levels__
Garage: Attached Detached:_
rtry Foyer___ Bedrooms
—Full Bath —
3i Baths � /z Baths Kitchen
Carport
-
adra Room__ Library __Office
/Study_
— —
Exercise Room— Solarium /Greenhouse
Dining — Livin g — Family /Rec
zch. _ Mud Room _
Sitting Room —Den
— Breakfast Nook
_ Storage -_ Laundry
, CFSSORY UNIT: Living
_ Kitchen —
_
Bath _ Bedroom
ier: —
eplace: Make Gas Appliance: Make:
y ! // Gas Log: —, —
dress:_ ' / Ao / –Al�� RJj —
adiwsion Contact Phone
ntraclr r - -- -- Request Received
- - - - -- a „ F --
-- -- -- Request for M T Th F n �
�o� P ME: _
Date Insp. /
pector
7
` Existing 5529 square foot house with the addition of 16,319 square feet for a total new
square footage of 21,484 including , nc bc(IrOoln. one full bath, one dining room one
living room, one media room, one nlfir.c, ()nc exercise room, one mechanical & storae
room and one unit consistin g
and one full bath.
of '<itchen one dining living room, one bedroom,
bath,
Kl a
L
PITKIN COUNTY COMMUNITY DEVELOPMENT
Date: November 2, 2007
Re: Parcel # 2737- 283 -02 -002
Owner: Nichola Albert
In Reference To: Previous Address Correction
To Whom It May Concern:
This letter is to document that an address correction needs to be completed on the above
parcel. Looks like there was a CDU added without getting a new address from the
owner.
The property added a CDU with the same address as the residential home. The current
address is "45101 E Hwy 82."
Sandy Boteilho
Pitkin County Community Development
(970) 920 -5527
R
OCCUPANCY DEED RESTRICTIONAND AGREEMENT
FOR A CARETAKER DWELLING UNIT
APPROVED PURSUANT TO SECTION 6- 30 -40(c)
OF THE PITKIN COUNTY LAND USE CODE
THIS AGREEMENT is made and entered into this _ day of 2009, by
SnL Aspen Leaf LLC (hereinafter referred to as "Owner "), whose address is 45101 State
Highway 82 Aspen, Colorado, located in the County of Pitkin, and the Aspen/Pitkin
County Housing Authority, a multi jurisdictional housing authority established pursuant to
the FOURTH AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT recorded on January 2, 2008 at Reception No. 545387 of the records of the
Pitkin County Clerk and Recorder's Office (hereinafter referred to as "Authority ").
WITNESSETH
WHEREAS, Owner owns real property more specifically described as Lot B, Aspen
Park Re- Subdivision, according to the Plat recorded January 15, 1986 in Plat Book 18 at
Page 27 or further described in Exhibit A, attached hereto (hereinafter referred to as 'Real
Property "), which Real Property shall contain a one (1)- bedroom, approximately 660
square foot unit, attached to the principal residence. For purposes of this Agreement, the
Caretaker Unit, the Real Property, and all appurtenances, improvements and fixtures
associated therewith shall hereinafter be referred to as the 'Property "; and
WHEREAS, this Agreement imposes certain covenants upon the Property which
restrict the use and occupancy of the Caretaker Unit to employees and their families who
are employed in Pitkin County and meet the qualification guidelines established and
indexed by the Authority on an annual basis or to members of the immediate family of the
Owner.
NOW, THEREFORE, in consideration of the mutual promises and obligations
contained herein, the Owner hereby covenants and agrees as follows:
1. Owner hereby covenants that the Caretaker Unit described above shall not be
condominiumized. The Caretaker Unit shall be constructed as a separate dwelling
unit so as to be capable of being occupied separately from the principal residence.
2. The use and occupancy of the Caretaker Unit shall henceforth be limited to
occupancy by no more than two (2) adults and related children, who are employed in
Pitkin County and who meet the definition of "employee" as that term is defined by
the qualification guidelines established and indexed by the Authority on an annual
basis, or members of the immediate family of the Owner. "Immediate family" shall
mean a person related by blood or marriage that is a first cousin (or closer relative)
and his or her children. Owner shall have the right to lease the Caretaker Unit to a
"qualified employee" of his own selection. Such individual may be an employee of
the Owner, provided such person(s) fulfills the requirements of a qualified employee.
1 0� S
3. Owner shall not be required to rem the t':Inttakcr (jnit, however, when rented, written
verification of employment of cmployccLtil proposed to reside in the Caretaker Unit
shall be completed and filed with the Authority by the Owner prior to occupancy
thereof, and such verification must he acccpt;1ble to the Authority.
4. Lease agreements executed for occupancy of the Caretaker Unit shall provide for a
rental term of not less than six (6) ( MISCCatiVe months. A signed and executed copy
of the lease shall be provided to the Authority by the Owner within ten (10) days of
approval of the employee(s) fix the Caretaker Unit.
5. This Agreement may be removed by the Owner with the approval of the Planning
Director of Pitkin County, subject to the requirement that the Caretaker Unit is
removed or modified. If modified. the remaining improvements must no longer be
capable of occupancy as a "Dwellim Unit" as defined in the Pitkin County Land Use
Code and must meet otherwise applicable code requirements.
6. Unless modified as stated above, this Agreement shall constitute covenants running
with the Real Property as a burden thereon for the benefit of, and shall be specifically
enforceable by, the Authority, the Board of County Commissioners of the County of
Pitkin, 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.
IN WITNESS HEREOF, the parties hereto have executed this instrument on this
nd year-Oove first written'
OWNER:
Leaf LLC
WITNESS MY hand and official tieal.
NOTARY PU LICSTATE C' I'
Amy 2. U'-czar.
Commission #I'DeN7179
'- ' Expires: MAY 10, 201:;
BONDED TIRO A'TI.AMnC EOx0IS4 U1, I`r
7.
Notsry Pub tc
ACCI?P "fAN('I{ lf1 I'llf" IIOUSING AUTHORITY
STATE OF
COUNTY
;r
The foregoing instrument was acknomleckwd before me this / day of corn /J t
2009, by L u cc' 'e n c cz t re
Z
The foregoing agreement and its terms are accepted by the Aspen/Pitkin County
Housing Authority.
THE ASPEN /PITK W COUNTY HOUSING AUTHORITY
By:
Chairperson
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this _ day of
20_, by Chairperson, Aspen/Pitkin County Housing
Authority.
WITNESS MY hand and official seal.
My Commission expires:
\word \forms \cdu dr
3
Notary Public
3
EXIIIBIT A
Lot B, Aspen Park Re- Subdivision according to the Plat recorded January 15, 1986 in
Plat Book 18 at Page 27
�� vo�6G ■
LIVING
M
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ENTRY
DN
S
P
I
e►,' . y.
BED
ASPEN PARK
4S.OI HIGJ1WAY u
A51.t ,Q)I0"IX)
BATH
CLOSET
CDU — Plan
NET LIVABLE SF: 660 SF
CHARLES CUNNIFFE ARCHITECTS
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PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920 -5526 FAX (970) 920 -5439
MEMORANDUM
TO: Aspen Fire Protection Department
Pitkin County Engineer
East of Aspen Caucus
FROM: Mike Kraemer, Community Development Department
Michael.kracmer2e co pitkin co us
RE: SNL Aspen Leaf LLC Special Review for TDR, Activity Envelope and
Site Plan Review
(PID 2737 - 283 -02 -002; Case P106 -09)
DATE: October 29, 2009
Attached for your review and comments are materials for an application submitted by
Pamela Joseph. The Pitkin County Hearing Officer will review the application on
Tuesday, December 22, 2009.
Please return your comments to me by Friday, December 11, 2009.
http:// www .aspeni)itkin.com/Portals /0 /docs /county /Com ° /`2ODev /Planning/1-and Use Ap
plications /P106 09 app.pdf
If you require a paper copy of this application contact Bonnie Waechtler at
bonnie.waechtler(a�co.pitkin.co us or 920 -5109.
Thank you.
.4TiLt4tn 4
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
MEMORANDUM
To: Mike Kraemer
FROM: Catherine Berg, Planning Engineer
Re: SNL Aspen Leaf LLC
DATE: November 16, 2009
After reviewing the application I propose the following conditions:
➢ A detailed drainage and erosion control plan shall be submitted with each
development permit. If the development disturbs one (1) acre or more a
State Stormwater Permit shall be applied for and obtained. All historic and
natural drainage patterns shall be maintained.
➢ A detailed revegetation plan will be required. Plan shall be reviewed and
approved by Pitkin County Community Development. The plan shall
include a tree mitigation plan for the removal of any trees larger than 6"
DBH.
➢ Any and all walls four (4) feet or higher shall be engineered. All retaining
walls should be limited to seven (7) feet in height. Any proposed walls
within the setback, over six (6) feet in height shall be approved by the
Board of Adjustment prior to issuance of permit.
➢ Prior to the approval of any water features the applicant(s) shall
demonstrate that they have adequate water rights.
➢ All water features shall be lined to prevent leakage and/or flooding of the
development.
➢ The applicant shall obtain an approved Access Permit for substantial
improvements to the driveway. The application shall include:
• Compliance with the requirements of the Fire Department
regarding access.
• Improvements to bring the driveway to current County standard
width of 16 feet.
➢ The applicant shall submit a detailed Construction Management Plan that
addresses all phases of construction.
➢ At building permit the applicant shall provide a site evaluation and
recommendations of a qualified professional engineer or geologist in the
State of Colorado in regard to the potential for debris flow on the property.
I o -!
Michael Kraemer
From:
Ed Van Walraven
Sent:
Friday, December 11, 2009 2:13 PM
To:
Michael Kraemer
Subject:
Aspen Leaf LLC.doc
Hey Mike,
Aspen Leaf LLC 45101 HWY 82
Call me if you have any questions
Ed
Memo
To: Mike Kraemer, Community Development Department
Frone Ed Van Walraven, Fire Marshal
CC:
Date: December 11, 2009
Re: Aspen Leaf LLC PID # 2737 - 283 -02 -002; Case P106 -09
Mike,
This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes
but is not limited to Fire Department Access (Intemational Fire Code 2003 Edition Section 503), Turning
around of fire apparatus (IFC Section 503.2.5), Due to location an approved fire sprinkler system shall be
provided in all structures regardless of size (IFC as amended Section 903), Water supply, a minimum of
20,000 gallons shall be provided (IFC Section 508), a detailed wildfire mitigation plans for both landscaping
and structural standpoints shall be submitted.
Confirmation of the nearest fire hydrant or adequate water supply shall be provided to mitigate the 20,000
gallon water supply requirement
Please have the applicant contact the Fire Marshal's Office for specifications on the above requirements.
Thank you,
Ed
�' 1
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
October 29, 2009
Mr. Glenn Horn
215 South Monarch Street, Suite #104
Aspen, CO 81611
ghorn @ro£net
Re: SNL Aspen Leaf LLC Special Review for TDR, Activity Envelope and Site Plan Review
(PID 2737- 283 -02 -002; Case P106 -09)
Dear Mr. Horn:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
We have scheduled this application for review at a public hearing by the Pitkin County Hearing Officer on
Tuesday, December 22, 2009, at a meeting to begin at 3:00 p.m. in the Pitkin County Library Meeting
Room, 102 North Mill Street, Aspen, Colorado. Should this date be inconvenient for you, please contact me
within 3 working days of the date of this letter. After that the agenda date will be considered final and
changes to the schedule or tabling of the application will only be allowed for unavoidable technical
problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining
to the application is available at the Planning Office. Please be aware that the Hearing Officer will be
billed at $175 per hour.
Please note that it is your responsibility to post a public notice sign on the property at least 15 days prior to
the hearing (and remove it within one week after) and to mail notice to all property owners and mineral
estate owners within 300' of the subject property at least 30 days prior to the hearing with the return
address of the Community Development Department (copy of notice will be mailed to you by the
Community Development Department). The names and addresses shall be those on the current tax
records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing.
Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code
at the hearing.
If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit (Code Section 2 -20 -100)
PITKIN C..,JNTY COMMUNITY DEVELC,,
Permit Receipt
RECEIPT NUMBER 00028377
Name: SNL Aspen Leaf LLC Date:10 /8 /2009
Project Address: 45101 HWY 82
Type: check # 1062
Permit Number
2,494.00
25.00
Fee Description
Amount
0106.2009. PLAN
0106.2009. PLAN
0106.2009. PLAN
0106.2009. PLAN
PP- Flat Fee
PP- Clerk Tech Fee
PP- Public Notice Fee
PP- Planning Eng Referral Fee
Total:
54.00
499.00
3,072.00
Name:
Project Address
Type:
Permit Number
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00029309
SNL Aspen Leaf LLC Date:5 /26/2010
45101 HWY 82
check # 1113
0106.2009. PLAN
Fee Description
PP- Hearing Officer Fee 1
Tota I:
Amount
157.50
157.50