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HomeMy WebLinkAboutpitkin.planning.291102100002 (3)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) Parcel ID: 2911- 02 -1 -00 -002 Application Date: 7/30/10 Case No: P062 -10 Description: Aspenkarma LLC Site Plan and MinorAmendment to Development Permit Planner: Lance Clarke # Copies: 2 Allocated Hours: 5 Project Address: 201 CONUNDRUM CREEK RD, ASPEN, CO 81611 % Over Hours: 6 3 Property Owner: ASPENKARMA LLC Address: 2820 HUNTER RD WESTON, FL 33331 Owner Phone: Owner's REP: ALAN RICHMAN REP's Email: arichman @sopris.net Address: PO BOX 3613 ASPEN. CO 81612 REP's Phone: (970) 920 -1125 Referrals: ZONING REFERRAL Other Referrals. Comments Due Date: 09/10/2010 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes pn not published to rep 8/16/101/bj Approvals: BOCC Resolution #: PSZ Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 068-2010#573533 Other Information: VR Approval Date: 09/14/2010 Plat Recorded Date: 09/22/2010 VR Expires Date: 09/14/2013 Plat (Bk, PG) B94 P64 -67 #573702 Remarks. Application Type: Site Plan Minor Amendment to a Development Permit RECEPTION #: 573533, 091151201 0 at 10:55:20 AM, 1 OF 4, R $0.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE ASPEN KARMA LLC SITE PLAN AND MINOR AMENDMENT TO A DEVELOPMENT PERMIT Determination No. l y p -2010 RECITALS 1. Aspen Karma, LLC ( "Applicant'), has applied to the Community Development Director of Pitkin County, ( "Director "), pursuant to Sections 2- 20- 150(6) and 2- 30- 20(g)(2) of the Pitkin County Land Use Code ( "Code "), to amend the building/development envelope for additional landscaping envelopes, minor stream bank improvements, and driveway improvements for safety purposes. 2. The parcel is located at 201 Conundrum Creek Road -- PID #2911- 021 -00 -002. (Legal Attached, Exhibit A) 3. The property is zoned AR -10 and contains approximately 3.51 acres and is non - conforming in size. 4. The parcel received 1041 Hazard Review approval by Hearing Officer Determination No. 12- 2002. A subsequent Lot Line Adjustment determination was approved by Administrative Determination No. 20 -2002. The 1041 Site Plan was recorded at Book 60. Page 76. 5. The Applicant has indicated that the approved envelope (which was created for the replacement of an existing house in a non - conforming configuration) does not adequately allow for safe access or necessary protection from stream bank erosion. 6. The owner was issued a Notice of Violation on June 7, 2010, for unpermitted work outside of the approved building/activity envelope related to driveway and landscape improvements. Active work was being undertaken in the riparian buffer area outside the envelope at the time of the NOV. 7. The Director finds that the proposed amendments comply with the applicable provisions of the Land Use Code, and that the proposed amendments will not change the use of the proposed development or the basic character of the land, are reasonably consistent with action taken during the original review, do not increase off -site impacts or the allowable floor area by more than five percent (5 %), and will not endanger the public health, safety or welfare. THE DIRECTOR DOES HEREBY APPROVE the Aspen Karma, LLC Minor Amendment to a Development Permit and Site Plan, subject to the following conditions: The Applicant shall adhere to all material representations made during the application process. Administrative Determination No. Lf -2010 Page 2 of 3 2. The Applicant shall comply with the provisions of Hearing Officer Determination No. 12 -2002, unless otherwise replaced or amended by the conditions of this approval. A. Within 60 days of the date of this Decision and prior to submission of any further development permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development Department an amended Activity Envelope and Site Plan in accordance with the requirements of the Land Use Application Manual as outlined in Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of the Site Plan. The mylar copy of the Site Plan shall be signed by the owner prior to submittal for recording. 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 review. Structures represented in the application may not be permitted under building and zoning regulations. 4. Prior to any work, the Applicant shall submit for and obtain any necessary Earthmoving Permit and /or Floodplain Permit. The following items shall be submitted prior to issuance: A. A construction management plan for review and approval by the Planning Engineer showing the locations of staging, material storage and employee and construction traffic parking. B. A drainage and erosion control plan for review and approval by the Planning Engineer. Slopes of twenty -five percent or less are strongly encouraged. All Slopes steeper than 2:1 shall utilize erosion control blankets. C. A grading plan, showing no changes of original grade greater than four (4) feet at any point except if retaining walls are used to reduce the steepness of man -made slopes, provided that the retaining walls comply with the requirements set forth below. D. A detailed re- vegetation plan to the Community Development Department for approval, or a landscape plan which has been approved and recorded by the Community Development Department. 5. To the extent possible, the grading of slopes greater than 30% 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 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. 6. Prior to commencement of any earthmoving or other construction activity, the Applicants shall stake the corners of the activity envelopes 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 or Completion. No vegetation shall be damaged or removed outside the approved envelopes. 7. No structural development shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Changes in grade shall not exceed four feet without the use of retaining walls. Any development located within setbacks mandated by County zoning regulations shall require a variance Administrative Determination No. C -20 10 Page 3 of 3 from the Board of Adjustment. Approval of a landscape envelope within such setbacks does not assure approval of a variance. 8. Applicant 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 the designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property. 9. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 10. 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 the Land Use Code Section 2-20-17-and Colorado Statutes 24 -68 -105. The statutory vested rights granted herein shall expire on. . I`) , 2013. APPROVED by the Director, this Li jj�,day of �_ , 2010. hL �E ndy Houben, Community Development Director PID# 2911 - 021 -00 -002 P062 -10 Iwcec/cases/aspenka wAepI=doc tE4� 1, It A PROPERTY DESCRIPTION BEING LOCATED A TRACT OF LAND N S CTION 2, TOWNSHIP 11 SO RANGES 85 WEST OFF THE SIXTH O P I RINCIPAL MERIDIAN AND MERIDIAN, P TKIN C NTYHCOLORADO, DESCR BED AS FOLLOWS: B SIXTH PRINCIPAL H.E.S. NO.. 1112 P O AID CORNER NO. BETW BEARS SOUTH001o12 EA ORN38 NO. E OF THENCE NORTH 01o12' WEST 45.62 FEET TO THE NORTH LINE OF SAID TOWNSHIP 11 SOUTH, RANGE 85 WEST, THENCE WEST 227.63 FEET ALONG NORTH LINE OF SAID TOWNSHIP 11 SOUTH, RANGE 85 WEST TO THE WESTERLY BANK OF CASTLE CREEK; THENCE SOUTH 15000' EAST 91.18 FEET ALONG THE WESTERLY BANK OF CASTLE CREEK; THENCE SOUTH 05000' WEST 132.00 FEET ALONG THE WESTERLY BANK OF CASTLE CREEK; THENCE SOUTH 17000' EAST 220.00 FEET ALONG THE WESTERLY BANK OF CASTLE CREEK; THENCE SOUTH 19002' WEST 74.64 FEET ALONG THE WESTERLY BANK OF CASTLE CREEK; THENCE SOUTH 54055'58" EAST 14.06 FEET TO THE WESTERLY EDGE OF CASTLE CREEK; THENCE SOUTH 09053'22" WEST 192.14 FEET ALONG THE WESTERLY EDGE OF CASTLE CREEK; THENCE NORTH 71057'00" WEST 31.87 FEET TO THE WESTERLY BANK OF CASTLE CREEK; THENCE SOUTH 21006' WEST 85.48 FEET ALONG THE WESTERLY BANK OF CASTLE CREEK; THENCE SOUTH 07037' WEST 176.00 FEET ALONG THE WESTERLY BANK OF CASTLE CREEK; THENCE SOUTH 00014' EAST 85.00 FEET ALONG THE WESTERLY BANK OF CASTLE CREEK; THENCE NORTH 75010' EAST 53.10 FEET; THENCE NORTH 25044' EAST 84.08 FEET; THENCE NORTH 45018' EAST 67.00 FEET; THENCE NORTH 22014' EAST 158.42 FEET; THENCE NORTH 06042' EAST 115.80 FEET, THENCE NORTH 19055' EAST 78.94 FEET, THENCE NORTH 15037' EAST 26 18 FEET TO A POINT ON THE LINE BETWEEN CORNER NO. 1 AND CORNER N0.2; THENCE NORTH 05020' EAST 234.15 FEET ALONG THE LINE BETWEEN CORNER NO 1 AND CORNER NO 2; THENCE NORTH 09058' EAST 187.71 FEET TO THE POINT OF BEGINNING, AS HERETOFORE DESCRIBED. COUNTY OF PITKIN, STATE OF COLORADO THIS DESCRIPTION WAS COPIED FROM THE TITLE COMMITMENT FROM STEWART TITLE GUARANTY COMPANY, COMMITMENT ORDER NO. 46701, DATED NOVEMBER 09, 2007, FURNISH SURVEYOR NOVEMBER 14, 2007. Pitkin County Parcel ID# 2911 - 021 -00 -002 Note: This site plan supercedes the site plan recorded in Plat Book 60 at Page 76 of the Pitkin County Records. ,44eao Rewt> Fax 3613 , 44#", eo&uida 81612 July 30, 2010 l�ecuuu.�sry Sez� 0 plsa/ce /�ax (970) 1 125 atic%nca.c@aalru.'a..ret Ms. Cad Anne Holcomb, Planner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ASPEN KARMA LLC SITE PLAN AND DEVELOPMENT PERMIT Dear Cari Anne, MINOR AMENDMENT TO This is an application to amend the recorded 1041 site plan for the property that is located at 201 Conundrum Creek Road in unincorporated Pitkin County. The Parcel ID# for the property is 2911 - 021 -00 -002. The purposes of this minor amendment are as follows: To restore the stream bank where work occurred outside of the established building envelope. Pitkin County issued a notice of violation for this work on 6!7110. 2. To designate an access envelope to allow for establishment of a safe, well designed driveway to the existing residence on the property. 3. To designate landscape envelopes for areas on the property that have eroded or have been disturbed and are proposed to be re- vegetated or restored. The application is being submitted by the owners of the property, Aspen Karma LLC (hereinafter, "the applicants "). A legal description and proof of ownership of the property is provided in the Warranty Deed, attached hereto as Exhibit #1. The applicants are being represented by Alan Richman Planning Services for purposes of this application. A letter from the applicants confirming this arrangement is attached as Exhibit #2. We held a pre - application site visit with staff prior to the submission of this application. The resulting Pre - Application Conference Summary (see Exhibit #3) states that the Land Use Code review procedures applicable to the proposed development are as follows: Site Plan Review, pursuant to Sec. 2 -30 -20 (g); and Minor Amendment to a Development Permit, pursuant to Sec. 2 -20 -150 (b). 30 looi j 3y Ms. Cad Anne Holcomb July 30, 2010 Page Two The following sections of this application identify the provisions of the Land Use Code applicable to these procedures and provide responses to the applicable County standards. First, however, a brief description of the property and an explanation of the major elements the proposed amendments are presented below. Property Description The subject property is an irregularly shaped parcel of land located along Castle Creek, just below the intersection of Castle Creek Road with Conundrum Creek Road. The property is 3.462 acres in size. It is zoned AR -10, a zone district with a 10 acre minimum lot size, making this a substandard -size lot of record. Most of the property is located along the east side of Castle Creek, but a small portion of the property is also located on the west side of the Creek. The cover sheet of the site plan drawings depicts the boundaries of the property and also provides a vicinity map locating the site within the Aspen area. The property was granted 1041 Hazard Review approval by the Hearing Officer pursuant to Hearing Officer Determination 12 -2002 (see Exhibit #4). The 1041 site plan for the property is recorded in Plat Book 60 at Page 76. The site plan established a building envelope for replacement of the main residence and the septic system, both of which have since been accomplished. The 1041 site plan did not establish an envelope to authorize modifications to be made to the existing driveway. The property was also involved in a minor lot line adjustment with the adjacent Whitson property in 2003. The Whitson- Bergen Lot Line Adjustment was approved by the Community Development Director pursuant to Administrative Decision No. 20 -2002 (See Exhibit #5). The resulting lot line adjustment plat is recorded in Plat Book 61 at Page 15. The applicants purchased the property in January, 2008 and completed construction of the main residence in 2009. After occupying the residence during the winter of 2009 -2010, the applicants concluded that the driveway into the property was quite dangerous and needed to be altered. The driveway was quite narrow (approximately 9' at the entry) and relatively steep for a family that is not used to winter driving conditions in the Colorado mountains. Moreover, the turning radius into the property from Conundrum Creek Road was quite constrained. As a result, members of the applicants' family experienced numerous instances where their cars were unable to make the turn into the driveway. On several icy occasions the occupants narrowly avoided having their car land in the Creek. Given these problems the applicants initiated a project in the spring of 2010 to widen the entrance to the driveway to make for a safer driving experience. Unfortunately, the applicants did not fully understand that activities of this type require site plan review by Pitkin County before they can be undertaken. When the County became aware that this work was underway a notice of violation was issued and the work was stopped. oo 0n2 Ms. Cari Anne Holcomb July 30, 2010 Page Three Proposed Site Plan Amendments The applicants' representatives met on -site with several members of the Community Development Department on July 12, 2010 to discuss the work that needs to be done to bring the property back into compliance with the County Code. Based on this meeting the applicants propose the following amendments to the approved site plan for the property (please see Sheet L -1.0, Activity Envelope Plan, and Sheet L -2.0, Site Plan /Revegetation Plan, for a depiction of the envelopes and proposed development activities). 1. Grading (cut and fill) has occurred along the stream bank just below the top of the driveway as a first step towards creating a wider platform for the driveway. The boulders that were placed in this area need to be removed and the stream bank needs to be restored to its pre- construction condition. Based on staff direction, the applicants will be submitting an earth moving permit application in the near future to accomplish this work. A landscape envelope is proposed to be designated for these activities. The planned restoration work will include removing the boulders that were installed, re- establishing the natural grade in this area, and planting vegetation that is similar to that found along the undisturbed portion of the bank. The plants specified on the re- vegetation plan include chokecherry, raspberry, dogwood, wax current, native sedges and rushes, and mixed perennials, along with several river birch trees. 2. An access envelope is proposed to be designated along the length of the driveway. The purpose of the envelope is to authorize the driveway to have a width of 14' (the width that was specified by staff) with a "bulb -out" for a 22' outside turning radius at the entrance to the driveway. The driveway design also shows a vehicle turn around area which allows a car to back out of the garage and head out of the driveway. As requested by staff, the dimensions of this area have been trimmed back from what presently exists on -site (see label on Sheet 2.0 identifying edge of disturbed area), although the turn around will still extend just beyond the edge of the residence. Areas along the length of the driveway that have been disturbed beyond the 14' width will be restored by planting native trees (Spruce and Aspen) and Pitkin County's native grass seed mix. Boulders (3' high) will be installed along the western edge of the top of the driveway to create a barrier to keep vehicles out of the creek. 3. Landscape restoration is also proposed for the following areas of the property: First, there is an area along the eastern side of the driveway that is somewhat eroded. The applicant proposes to spread native grasses and wildflowers in this area and to plant several native trees. jO U3 Ms. Cari Anne Holcomb July 30, 2010 Page Four Second, there is a bench just above the leach field behind the house that is not well landscaped. The applicants propose to install some native trees in this area to better screen the rear yard from Conundrum Creek Road. The applicants also agree to the staff request to plant native grasses and wildflowers on the leach field. Third, during the high runoff period this past spring there was considerable erosion along the stream bank next to the house. The applicants propose to plant a mat of native sedges, rushes and mixed perennials along the length of this area to stabilize the stream bank. 600 sq. ft. of river rock cobble will also be placed in this area to control erosion and stabilize the bank. 4. Finally, two small envelopes have been designated to allow for the rectangular on -grade terraces that were approved by the County in 2008 as a replacement for the above grade decks from the prior house on the site (see Exhibit #6). A section drawing depicting these planned flagstone terraces is included on Sheet L -3.0. According to the pre - application conference summary, the applicants should respond to the following Code sections in requesting these site plan amendments: Sec. 7- 20 -10: Site Preparation and Grading; and Sec. 7 -20 -130: Landscaping and Vegetation Protection. Following are the applicant's responses to these standards of the Land Use Code. Sec, 7- 20 -10: Site Preparation and Grading (a) Grading and Fill Placement. The applicants agree that all grading and filling associated with this project will take place within the activity envelopes being designated on the site plan. (b) Clearing, Grubbing and Vegetation Removal. The applicants agree that all clearing, grubbing and vegetation removal associated with this project will take place within the proposed activity envelopes. As part of the prior disturbance that took place on the property, the applicants removed fewer than ten (10) trees of 6" caliper or greater along the stream bank that were diseased or dying. If the staff so requires, the applicants will provide a letter from Aspen Tree Service certifying that the trees that were removed were diseased or dying. (c) Tree Removal and Mitigation. No additional trees of 6" caliper or greater are proposed to be removed as a result of the development activities proposed in this application. 30 tn(t Ms. Can Anne Holcomb July 30, 2010 Page Five (d) Protection of Natural Terrain. The applicants acknowledge that there have been physical and visual impacts caused to the property by the construction activities that occurred this past spring. The subject application represents a significant commitment by the applicants to mitigating the physical and visual damage that has occurred. The applicants also agree to follow those design and construction techniques that may be recommended by the County Planning Engineer of the Community Development Director to enhance the natural terrain, stream bank vegetation and other natural features of the site. This shall include, but not be limited to: • The applicants will re- vegetate the areas that have been disturbed or have eroded on the property. The re- vegetation plans are described in the introductory sections of this application letter and are shown on Sheet L -3.0. The re- vegetation will be completed once the necessary permits have been obtained from Pitkin County and will be accomplished using native vegetation. • Topsoil that was previously removed on -site has been stockpiled so it can be replaced at the conclusion of the construction process. If any additional topsoil is removed it too will be stockpiled so it can also be replaced following construction. • Appropriate weed control techniques will be employed that are consistent with the provisions of the 2010 Revised Pitkin County Weed Management Plan. The specifications for the planned weed control can be found on Sheet L -3.0, Notes and Detailed Section. • The applicants will follow the County's adopted erosion and sedimentation control and stormwater management standards. Silt fencing and similar sediment barriers will be placed along the limits of the proposed grading and at the toe of all disturbed slopes to control the impacts of soil disturbing activities. Particular attention will be paid to erosion control in the area where the boulders will be removed from the stream bank. "Greenfix" biodegradable erosion control blankets will be placed on steeper slopes that have been re- graded. These blankets will be fertilized and sown with Pitkin County's native grass seed mix. Sec. 7 -20 -130 Landscaping and Vegetation Protection (a) Purpose. The applicants agree to preserve the remaining natural vegetation on the site to the maximum extent possible. They will plant replacement vegetation that helps to screen certain of the man made improvements on -site and will use landscaping in ways that compliment the rural character of the area. iA iG05 Ms. Cari Anne Holcomb July 30, 2010 Page Six (b) General Provisions 1. Protection of Natural Vegetation. The applicants agree that no additional trees or other significant natural will be removed from the property. Sheet L -2.0, the re- vegetation plan, shows that the landscaping that will be installed on site will use species of plants that naturally occur on -site and on neighboring properties. 2. Conformance With Wildfire Regulations. There is no conflict between the County's wildfire regulations and the requirement to protect natural vegetation on the site. 3. Berms. Berms are not proposed for this site. 4. Landscape Enclosures. Landscaping is not proposed to be used to enclose the boundary of the parcel. 5. Visibility Clearance. No landscaping is proposed where it would inhibit the visibility of drivers. 6. Utility Easements. Landscaping will not be installed over a utility easement or where the vegetation might interfere with utility lines or pipes. 7. Financial Security. The applicants request that no financial security be required to ensure completion of this project. 8. Maintenance. The applicants agree to maintain all installed landscaping in a healthy condition and to replace plants that do not survive. (c) Required Landscaping in Rural Areas 1. The applicants agree to re- vegetate the areas that have previously been disturbed on the property, as shown on Sheet L -2.0, the re- vegetation plan. Re- vegetation will be completed once the necessary permits have been obtained from Pitkin County, using the native vegetation specified on the plan. 2. The re- vegetation plan shows that the proposed shrubs and trees will be clustered into natural groupings and will not be planted in regularly shaped lines or rows. The shrubs and trees specified on the re- vegetation plan represent indigenous species (with the exception of the single ornamental Bekeri Spruce that is proposed to be installed). Ms. Cad Anne Holcomb July 30, 2010 Page Seven Minor Amendment to a Development Permit Staff has determined that the proposed changes to the site plan must also be processed as a minor amendment to a development permit. Section 2 -20 -150 (b) of the Code authorizes the Community Development Director to grant a minor amendment to a development permit. This section states that a minor amendment shall meet the following criteria: 1. Is consistent with action(s) taken during previous development approvals for the property. Response: The original development approval granted to this property (Hearing Officer Determination 12 -2002) focused solely on establishing a building envelope for the replacement of the house and septic system on the property. It did not address the existing deficiencies in the driveway, nor did it address any plans for landscaping or re- vegetation beyond the boundaries of the designated building envelope. The house that was authorized by the original approval has now been built and the applicants have since occupied the property. Having done so, they have experienced the unsafe nature of the driveway. They now seek permission to correct that safety hazard. They acknowledge that the manner in which they initially sought to correct those hazards was inappropriate and they now seek to restore the areas that were damaged and to landscape the disturbed areas with native vegetation. The resulting development will be consistent with the original approvals and will enhance the rural character of the property. 2. Does not change the use of the proposed development between residential, commercial and tourist accommodation uses. Response: No change in use is proposed. 3. Does not change the basic character of the approved use of land on which the activity occurs including basic visual appearance and method of operation. Response: The proposed amendment will not change the basic character of the land use approval granted to the property. Instead these actions will compliment the new residence with a safe driveway and associated landscaping. 4. Does not constitute a new land development activity. Response: The proposed amendment does not constitute a new land development activity. Rather, it is a minor change to an approved development activity. Ms. Cari Anne Holcomb July 30, 2010 Page Eight 5. Does not increase off -site impacts in the surrounding neighborhood. Response: The applicants acknowledge that the site disturbance that took place this past spring caused impacts to the neighborhood. The proposed amendment is intended to mitigate those impacts by restoring disturbed areas (particularly the stream bank, where grading has occurred and large boulders were installed). 6. Does not endanger the public health, safety, or welfare. The proposed improvements to the driveway will enhance public health, safety and welfare by creating a safer access situation not only for the applicants, but also for any emergency vehicles that may need to use the driveway. The Aspen Fire Marshall visited the site before the widening was accomplished and found that the driveway situation was inadequate and that it would be extremely difficult for an emergency vehicle, such as an ambulance, to enter the driveway in its former condition. Does not violate any Land Use Code standard. Response: The proposed amendment does not violate any Land Use Code standard 8. Does not substantially increase the need for on -site parking or utilities, or affect affordable housing generation. 9. Does not increase the floor area of the use by more than five percent (5%) or decrease the open space on the site by more than five percent (596'). Response: The proposed amendment has no impacts on the need for parking, utilities or affordable housing, and does not change the property's floor area or open space calculations. Conclusion I believe the above responses provide the information you require to process this application. If there is anything else you need, please do not hesitate to contact me. Very truly yours, A�.AN RICHMAING SERVICES Alan Richman, AICP EXHIBITS ? o . c EXHIBIT #1 RECEPTION #: 545812, 01111/2008 at 05.56:26 P0.1, 1 OF 5. R $26.00 DF $300.00 Doc Code NJD Janice K. Vos Caudi;l, Pitkin County, CG � t t : 1 1 ,7111YiI7`►i111i11 Name: Millard J. Zimet, P.C. Address: 604 West Main Street Aspen, CO 81611 WARRANTY DEED THIS DEED, made this 10th day of January, 2008, between Frank Bergen and Jennifer Czech Bergen of the said County of t' 1 T K r-J and State of Colorado, grantor, and AspenKamta LLC, a Colorado limited liability company whose legal address is c/o Millarc J. Zimet, P.C., 604 West Main St., Aspen, CO 81611 of the said County of Pitkin and State of Colorado, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado described as follows: A tract of land situated within the boundaries of H.E.S. No. 112; said H.E.S. No. 112 being located in Section 2, Township 1 I South, Range 85 West of the 6th Principal Meridian and in Section 35, Township 10 South, Range 85 West of the 6th Principal Meridian, described as follows: � Beginning at a point on the line between Corner No. 1 and Corner No. 11 of H.E.S. No. 112 whence said Comer No. 1 bears South 1 East 138.42 feet; thence North 1 "" West 45.62 feet to the North line of said Township 11 South, Range 85 West; thence West 227.63 feet along North line of said Township 11 South, Range 85 West, to the Westerly Bank of Castle Creek; thence South 15 East 9 1. 18 feet along the Westerly bank of Castle Creek; thence South 5 West 132.00 feet along Westerly bank of Castle Creek; thence South 17 East 220.00 feet along said Westerly bank of Castle Creek; thence South 19 West 183.00 feet along Westerly bank of Castle Creek; thence South 4 West 53.00 feet along the Westerly bank of Castle Creek; Pile Number: 46701 Stewart Title of Colorado Inc. • Aspen Division Warranty feed — Photographic Relord (individual) Pose I or3 h !1110 thence South 21 a06' West 120.00 feet along Westerly bank of Castle Creek; thence South 7 °37' West 176.00 feet along Westerly bank of Castle Creek; thence South 0 °14' East 85.00 feet along Westerly bank of Castle Creek; thence North 75 °10' East 53.10 feet; thence North 25 °44' East 84.08 feet; thence North 45 °18'East 67.00 feet; thence North 22 °14' East 158.42 feet; thence North 6 °42' East 115.80 feet; thence North 19°55' East 78.94 feet; thence North 15°37' East 26.18 feet to a point on the line between Comer No. 1 and Comer No. 2; thence North 5 East 234.15 feet along the line between Comer No. 1 and Corner No. 2; thence North 12°49' West 67.73 feet; thence North 9 °58' East 187.71 feet to the Point of Beginning, as hereinbefore described. EXCEPTING THEREFROM the legal description as described in Quit Claim Deed recorded June 8, 2002 as Reception No. 469648. Also described as Adjusted Bergen Property WHITSON- BERGEN LOT LINE ADJUSTMENT, according to the Plat thereof recorded July 3, 2002 in Plat Book 61 at Page 15 as Reception No. 469441. COUNTY OF PITKIN, STATE OF COLORADO. also known by street and number as: 201 Conundrum Rd., Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except See Attached Exceptions The grantor shall and will WARRANT AND FOREVER DEFEND the above- bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Sit Number: 46701 Stewart Tide or Colorado Inc. - Aspen Division Warranty Dead — Photographic Record (individual) Page 2 of 3 IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Fran Bergen Jennifer C 2kch erg STATE OF Col-4rrado COUNTY Ol — I' +T A tj The foregoing instrument was acknowledged before me this day of 2 �. , by Prank Bergen and Jennifer Czech Bergen My C91prnission expires f Witness my hand and official seal. I NN VIRTUF� Q.. '•,y Ve Not Public: AMANDA LYNN WR7UG- fARAONI NOTARY PUBLIC STAT OF COLORADO My Commission Exp,ras uz1eo, 71 File Number: 46701 Stewart Title or Colorado Inc. - Aspen Uivisiun Warranty need — Photographic Reco cl (Individual) Page 3 or 3 dP .• O UBU G f 0 :Q - j G !,>12 EXHIBIT 1 EXCEPTIONS 1. Distribution utility easements (including cable TV). 2. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with paragraph 8b of contract Form No. CBS 1 -9 -99 [Matters Not Shown by the Public Records). 3. Inclusion of the Property within any special taxing district. 4. The benefits and burdens of any declaration and party wall agreements, if any. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes for the year 2007 and subsequent years not yet due and payable. 7. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded September 6, 1922 in Book 159 at Page 142. as Reception No. 81855. 8. Right of way of County Road as granted in Quit -Claim Deed recorded June 6, 1940 in Book 157 at Page 635 as Reception No. 90816. 9. Easements, rights of way and all matters as shown on Improvement Location Certificate with 1041 approval, recorded May 19, 1987 in Plat Book 19 at Page 63 as Reception No. 289116. 10. This policy does not insure title to land comprising the shores or bottoms of rivers and is subject to any build up or loss of property along Castle Creek caused by the processes of accretion and reliction, or caused by man made changes in the flow of water or in the course of the riverbank or river channel; also subject to the free and unobstructed flow of the water of said river, and recreational or other use thereof. 11. Easement for Utility lanes as shown on survey of the subject property by Aspen Survey Engineers, Inc., David W. McBride RLS 16129, dated September 5, 2001 as Job No. 7108. 12. Right of way for Conundrum Creek Road. 13. Terms, conditions, obligations and provisions of Administrative Decision of the Community Development Director of Pitkin County, Colorado, Approving the Whitson/Bergen File Numbers 46701 SICW2rt Title OrCOL=do Inc. • Aspen Division Warlenty Deed — Exhibit 1 (Exceptions) Page 1 oft sis ;i;13 Subdivision Exemption for a Lot Line Adjustment, Administrative Decision No. 20 -2002, as set forth in instrument recorded May 3, 2002 as Reception No. 467023. 14. Terms, conditions, obligations and provisions of Determination of the Hearing Officer of Pitkin County, Colorado, Granting Approval of the Bergen 1041 Hazard Review and Conceptual Submission, Determination No. 12 -2002 as set forth in instrument recorded May 8, 2002 as Reception No. 467197, and re- recorded May 31, 2002 as Reception No. 468178. I5. Terms, conditions, obligations, provisions and easements of Easement Agreement by Frank Bergen and The Fox Family Limited Partnership #2, a Colorado limited partnership as set forth in instrument recorded April 16, 2003 as Reception No. 481523. 16. Easements, rights of way and all other matters as shown and contained on Bergen 1041 Hazard Review and Conceptual Submission Plat recorded June 4, 2002 in Plat Book 60 at Page 75 as Reception No. 469335; and the Whitson - Bergen Lot Line Adjustment Plat recorded July 3, 2002 in Plat Book 61 at Page 15 as Reception No. 469441. Flit Number: 46701 Stewart Title or cowwo Inc. • Aspen Division Warranty Deed — Exhibit 1 (Execptimts) Page 2 of 2 H 1(9 t. � V 1 EXHIBIT #2 Ms. Cari Anne Holcomb, Planner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ASPEN KARMA LLC SITE PLAN REVIEW & MINOR AMENDMENT TO A DEVELOPMENT PERMIT Dear Ms. Holcomb, We are the owners of the property commonly known as 201 Conundrum Drive. We hereby authorize Alan Richman Planning Services and Richard Camp, Landscape Architect, to act as our designated representatives with respect to the land use application being submitted to your office for this property. Mr. Richman and Mr. Camp are authorized to submit an application for site plan review and minor amendment to a development permit for our property. They are also authorized to represent us in meetings with Pitkin County staff and the County's review bodies. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the application. Sincerely, C 1-� i Karma LLC Hunter Road m, FL 33331 ��0 ' 15 EXHIBIT #3 PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PID#: 2911 -021 -00 -002 LOCATION: 201 Conundrum Creek Road ZONE: AR -10 SIZE: 3.5 ±Acres OWNERS. Aspen Karma LLC REPRESENTATIVE: Alan Richman PHONE & EMAIL: 970.920.1125 a rich m an (-so o ris. net DATE: July 17, 2010 PLANNER: Carl Anne Holcomb, 970.920.5092 Type of Application: Site Plan and Amendment to Development Permit to amend the Building En Create Activity Envelopes to allow for restoration of areas of work outside the approved Building E riparian and floodplain areas. A Notice of Violation was issued 6/7/10. Description of Project/Development: The Applicant seeks to restore the stream bank landscape envelopes; to establish an activity envelope for the driveway and turnaround rail; and to create new landscape envelopes for revegetation areas. Land Use Code Sections to be addressed in letter of request (application): Sec. 2- 20- 150(b): Minor Amendment to a Development Permit; Sec. 2- 30- 20(g): Activity Envelope and Site Plan Criteria for Approval; Sec. 7- 10 -50: Site Plan & Activity Envelope; Sec. 7- 2040: Site Preparation and Grading Sec. 7 -20 -130: Landscaping and Vegetation Protection. Staff will refer the application to the following agencies: Zoning. Review by: Community Development Director Public Hearing: No. FEES: $ 3,145.00 (Please make check payable to " Pitkin County Treasurer") • Planning Office Fee: $3,120 ( FEE DOUBLED FOR VIOLATIONSI) (Non - refundable; based or staff time). If staff review time exceeds 5 hours, the Applicant will be charged for additional tir hours at a rate of $312/hour) o Web Technology Fee: $25 To apply, submit 2 copies of the following information: \/ 1. Summary letter explaining the request, providing background on prior approvals and pE addressing each of the provisions of the Pitkin County Land Use Code identified above in suff to demonstrate that all substantive review criteria have been met. Summarize existing conditic uses and proposed future uses or expansions as described in Section 1.1 through 1.8 of the Pi Land Use Application Manual. 2. 24" x 36" and 11" by 17" Site Plan and Activity Envelope as designated in Sections 2.1.12 ani Pitkin County Land Use Application Manual; 3. Detail on all revegetation proposals: location, size, type, and number of plants; 4. Street address (if any) and parcel description, including legal description, and 8 -1/2 "x 11" vicinity n the subject property within Pitkin County; \ \ V 5. Copies of all resolutions, ordinances and approvals including any recorded drawings for the parcel v6. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County \ Application Manual; V 7. Consent from all owners to process application and authorizing the representative; J0 t15 Total fee for review of the application; 9." Executed Pitkin County Community Development Agreement for Payment of Land Use Applic Agreement; �. A copy of this Pre - Application Conference Summary Sheet form. NOTES D PLEASE SUBMIT YOUR APPLICATION UNBOUND AND AS A ONE -SIDED DOCUMENT. 7 SHOULD HAVE NO DOCUMENTS LARGER THAN 1 I" by 17 AND ONE SET OF 24' X 36" MAP D THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLI ➢ ALL MAPS SHALL BE FOLDED. D The Land Use Code is available on -line at httnJ/ www. aspenpitkin .com/Deoartments/Counh D The Land Use Application manual is available on-11 ual.pdf ➢ This pre- application conference summary is advisory in nature and not binding on the Co information provided in this summary is based on current zoning standards and staffs into based upon representations of the applicant. Additional information may be required upon review of the application. e ' " "' EXHIBIT #4 DETERMINATION OF II i • vwV r j _i i` r t SUBMSSION Determination No. a -2002 RECITALS 1. Frank Bergen ( "Applicant's has applied to the Prtkin County Rearitig Ofter for 104Hazsld Review and Conceptual Submission to establish a buildmg envelope around the existing improvements (residence and tic stem on the property �P system) P PertY and to allow forthe replacement of`$ie existing residence. 2. The property is addressed as 201 Conundrum Drive and is more specifically described in'l zlii6it A. 3. The property is zoned AFR 10. The property contains approxlmately3.5697 acres (155,494 square feet) and is non- confortning in size. 4. The Hearing Officer, at a duly noticed public hearing onApril l6, 2002, reviewed this application, and at which time evidence and testimony were presented with respect to th is application. 5. The Hearing Officer finds that this application proposes development in the best possible location, given the hazards identified on the property. NOW THEREFORE BE Tr RE OLVED b the r1beiin Co " ' - ' `' y catty Hearing Officer that he does hereby grant approval to the Bergen 1041 Hazard Review and Conceptual Submission, 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 application, dated October 18, 2001, and public meetings. 2. Priorto submittal of any building permit applications, the Applicant shall record a 24 x 36 inch mylar 1041 hazard Review Site flan in accordance to Section 5- 70-040 ofthe Land tJse Code. 'I'he site plan shall also bo submitted in a digital format for integration th into CI Geographic Information System (GIS). The site plan shall include tKeolrowrng. A. The three existing spruce trees identified in the Colorado State Forest letter dated December 5.21MI, shaft be identrEie� on t ie site plan. 3. Wildfire mitigation shall be as follows: A. Defensible Space: I. The area around all structures shall incorporate landscaping with wildfire defensible space considerations as follows (NOTE; Actuafvegetaiion manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): a. With respect to the three existing spruce trees identified by the Colorado State F orest Service, some ofthe branches oftfiese trees snallbe removed so they do not touch any structures. IN IM �INIIV IIII (fl r: gN ' CC a5 /ea /2a ®2 e? 34r R e.ea C 6.0e j ! ,, 1 S II Determination No. L -2002 Page 2 b. Any future planting of trees should be done sq that any side branches will be no closer than to feet measured from the outermost branch. c. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Structural Design and Construction Requirements: I. Roofs shall have a non- cordbustible roof covering on a Class A assembly. Wood shake/shingle roof covering aWprohibited in all wildfire hazard areas Roofs with less than 3:12 pitch are not permitted in 1041 Wildfire Areas unless they comply with the following. a. All roof coverings shall be noncombustib le materials as defined in Building Code ([lC;`tT j9'1 Section f 504 _ Z2 -- — aile assembly. d on a Class A b. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. C. All roof design shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited d. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1 :49. C. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 2 All ve is hall be screened with corrosive resistant.wire mesh of one quarter inch C. Maintenance: I. Roofs and gutters shall be kept clear of debris. 2. Yards shall be kept clear of all litter, slash, and flammable debris. 3. All flammable materlals(mcluding fi ewood/wood piles) shall be stored an a parallel contour a minimum of is feet away from any structure. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from all structures. D. Miscellaneous: 1. Fences shall be kept clear of brush and debris. 2. Wood fences shah not be connected to the structure, 3. Fuel tanks shall be installed underground with an approved container. 467197 Page: 1 1 of 15 IllilliIiiiiiiIiIllilulfif SILVIA DOVIS'PITKIN COLOM CO' 93 /f!a /2ae2 ,, , R a lala" " If 0.10 , 30 7019 Determination No. L -2002 Page 3 4. Each structure shall have a minimum of one 10 lb, ABC fire extinguisher. S. Addresses shall be clearly marked and visible with minimum2" non - combustible letters and shall be clearly visible at the primary point of from the public or common access toad and instelled'on a non - combustible post. 6. Any outbuildings or additional buildings shall adhere to the same standards as structures. E. Utilities: I. Utility lines shall be buried. 4. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, construction rkin or disturbance-skill e pa g taging and vegetation removal or occur outside of the approved building envelope unless otherwise specified in this document,, such as necessary wildfire mitigation. Utility exteaston and maintenance shall occur within the approved building envelope and/or within the existing driveway alignment S. All areas disturbed by construction shall be revegetatod with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the projeces completion. Landscaping and revegetation on the property shall utilize low water (xeriscaping) native plant materials and concepts. 6. The Applicant shall comply with the following wildlife mitigation: A. Wood fencing shall employ 3 rails or less, be the round or split rail type, shall not exceed 48 inches in height above ground level and 12 inches in width (top'view), and shall have at least 18 inches between two of the rails. Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. B. All waste storage shall comply with Wildlife Protection Oidinange No. 010 -2001. Prior to Certificate of Occupancy, cmxpliance with the ordinance shall be verified. C. Native vegetation shall be preserved outside of the building envelope, with the exception of any thinning and spacing required to accommodate wildfire mitigation. D. No riparian or wetland vegetation shall be damaged or removed. E. Tall, overly mature and standing dead cottonwoods and spruce shall be retained whenever possible as nesting and roosting habitat P. Any vegetation altered for an access road, utility line or similar use must be replaced with vegetation equal in type and quantity to that being removed according to a mitigation plan approved by the CountyVildlife Biologist pursuant to section 3- $0- 090(A)(4) of the Pitkin County Land use Code. G. Only plant species that are identifed by the Pitkin County Revegetation Guide as being appropriate for wetland or riparian areas, or nati species found to occnt on, site but not listed in the Pitkin County Itevegotation Guide may be introduced info or used for II�i IICI C �I��IIf�I1�I�N� 46719 P +o. a of a a]CVIF eaVfa'PITKIN COUNTY CO e003 /Z6iyba2 391�� I R 0,00 a 0.00 Determination No. 1.2002 Page 4 revegetation of any wetland or riparian area. The planting or introduction of any other plant species should be prohibited H. Any areas outside of the building envelope disturbed during construction must be reyegetated with native plants according to a revcgetation plan submitted by the Applicant and approved by the NaturalResoureebMsion pilot to issuance of a certificate of occupancy. The elements of the plan are outlined in the County Wildlife s $io7og st'Yeiter dated February 21, 2002. I. Fruit - bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in the area. 7. If the existing septic nerds to g p system be replaced in the future, the shall obtain a septic permit from the Environmental Health beparlment A(1 sewage disposal systems must be designed by a registered professional engineer. Sewage disposal system shalt be located within the approved building envelope. S. A fireplaeetwoodstove application must be filed and approved by the Community Development Department prior to the issuance of a building permit. 9. The Applicant shall comply with all codes and requirements of the Aspen Fire Protection District .. 10. Development of 30 inches above or below grade within tilt re9 uired'prop' erty setbacks requires approval of a variance by the Board of Adjustment. 11. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in placeuniil issuance of certifeate of occupancy. 12. The Applicant shall submit a Drainage and Erosion Control Plan to the County Engineer for review and approval, prior to the submittal for any building permits. The plan shall address the management of runoff during construction and after construcctim is complete. I3. The recommendations in the Geotcchnical Investigation report conducted by CT1.rlhompson, Inc. shall be followed. This includes miti ion for subsurface conditions, slope stability, retaining walls, _.. --at garage foundations wall, construction sequence, site earthwork, footing foundation, and surface drainage, A copy of the final version of the geotechnical investigation report shall besubmitted prior to the recording of this Determination as it will be ExlAif B. la. At the time of building permit application cant shall su�nrit ation submittal the App " ' , for revie w and � approval by the County Engine t o er, a nstructton Mina mint Plan m accordance with the Asset Management Plan. The Cons e truction Mane mint Plan shall indicate that vehicles associated with construction ().e. employee traffic, construction vehicles, staging and deliveries) shall not violate County Law, such as parking on County rights of -way. _.. ... I5. All lighting shall comply with the regulations of the Land Use Code, Iii. All development must comply with the provisions of the Pitkin County Noxio Plan. us Weed Management I I10I� IIltl I� I IION� II111111 � I� Pag e; 06/2002a , D2,:39i SILVIp DNVI6 PITKTN "CWNTY CO R 0.00 0 b 06 0G ! U 21 +iiL Determination No. ,7-2002 Page S I7. The Applicant shall comply with the following standards for development on slopes of greater than 15 %: A. Adequate mechanical support shall be provided for cut slopes. B. Adding water which may decrease slope stability shall be avoided. C. Adding weight to the top of the slope shall be avoided. D. Disturbed slopes must be contoured so that they can be revegetated. E. Steepening of existing slopes shall be avoided. F. Cuts, fills, grading and excavation shall be limited to the minimum area needed for construction. 18. Pursuant to Ordinance No. 022. 2000, the Applicant is subject to the fair Share Requirements and shall pay a road impact fee as calculated at the time of building permit issuance. 19. Floor area shall be limited to 5,750 square feet exempt from growth management. Floor area shall be calculated based on the definiii6ri in effect atihe time of building permit subiraid. 20. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Sutures, subject to the exceptions set forth in Min County Land Ilse Code, § 4 - 140 and C.R.S., § 24 -68 -165: The statutory vested rights granted herein shall expire on April 16, 2005. FEBUARY, 20b2. P�lBifS l� 3T7 THE AS`EI�N' 5`Ol�"`! `i6� DA TIC OF IIt3ISC G . � _... . -.. Y OF APPROVED AND ADOPTED ON TIDJ tO DAY OF APRJL, 2002. VUTE13 RTG8TNO7T4C P1Mi&r& DAY OF ? A k M� ( .. 2002. HEARING OFRC ATTEM OF PITKIN COUNTY, COLD 4b0 Isabel Caldi i n, Administrative Assistant APPROVED AS TO FORM: James R True, Hearing Officer rr Date: /;7-5 APPROVED AS TO CONTENT: John Ely tto CindyHou. , Colic t'ney Community Development Director amr- oat -ao- Ma pooa -oa SNIViI TIlIN1 mill ��1IR 1011 0 � eo Nmea::aem p 1 „-, , .3J .va.. BERGEN 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION �i / � - vv Ill \ \ II \\ III II I I j I I I ii F q i Y / / it % r l / / 4 ' �h iiii h ./ 111 / lr frp� l� l s :i•sPo �� . gpi i it pl IG l s_ / - I I I I I I - J `II { 'I III t l 111 y `II 1111 � � I l i i F ;I F� SHEET 2 OF 2 IIIp11111111:��:,,. ASPEN SURVEY ENGINEERS. INC. Liu,�L it iiii ilil I 1, 111 1111 � 1 1 I l / I I III 111 I 111 INI I� 11 Illl �/ llli iii I \ I ! V� �o I rn�e.pn nu LEGEND A NOTES w wsna umn <4rtu EXHIBIT #5 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE WHITSONBERGEN SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT Administrative Decision No. ' 30-2002 0 -2002 RECITALS Whitson (Luetta Whitson, James A. Hamlin, Linda K. Hamlin) and Frank Bergen ( "Applicants ") have applied to the Conmiunity Development Director of Pitkin County ( "Director ") pursuant to Section 3- 190 -030 of the Pitkin County Land Use Code, for a subdivision exemption for a lot line adjustment to transfer 0.085 acres from the Bergen Parcel to the Whitson Parcel. 2. The properties are more specifically described in Exhibit A (Whitson) and Exhibit (Bergen). The properties are zoned AFR -I0, and the adjusted Whitson parcel contains approximately 2.205 acres and the adjusted Bergen Parcel contains approximately 3.462 acres. The acreage of the land transferred from Bergen to Whitson is .085 acres. 4. The Director finds that the request is consistent with the requirements of the Land Use Code. APPROVED by the Director, subject to the following conditions: The Applicant shall prepare a lot line adjustment plat in accordance with Section 5- 60.40. The plat shall be recorded prior to submission of any building permit applications. The lot line adjustment plat shall also be submitted in digital format suitable for integration into the County's GIS system. The plat shall be amended as follows: A. Include legal descriptions of the resulting parcels in addition to the descriptions of the existing parcels and the transferred parcels. v ( � II 11 , 1 1111 111 469 00304:03F 't1 v tt i I SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 "30 -5koc>� 2. All material representations made by the applicant in the application shall be adhered to and considered conditions of approval, unless amended by other conditions. APPROVED by the Director, this S4 day of ( 1 2002. D JWC' A Ue Cindy Houben, Community Development Director PID# 291102100003 & 291102100002 PO45 -02 IIIIII 467 InIlI llll ll�II IIIIII II l�� I�� I�III II I II�� 0 / 02 04.03F SILVIA 0.00 V I Lt FEE -i2 - 02 TUE 0447 PM 9703P' °024 FAX N0. 970. ?av -024 P. 06 Exhibit A A harr:I of heal siulaIcd Nridi the boundaries of H.E.S. No. 112 in Townships 10 and II South. Rangc 85 ♦Vest of the Sixth i'riucipal Ile? idii:m, I'ilkiu Couoly, Colorado, more pat'licularly described as follows: f ; e g h w h r ! ! a l a I N A whence Curnew No. I of H.E.S. No. 112 bears North 89''48'30" Enst 435.59 feet; 'fheocc p 1'43'30" West 431.90 feel; 'I hCnee 3o;a11'71'S7'00" Past 239.12 furl: '111Ca1i Norih'21'06'00" Kest 35.00 feel; (hence `:orlh 0d "22'00" ]Cast 53,00 feel; 'I'ki occ Nurlh 17 "05'00" \Vest 450.00 fuel; 'I'Lcure ;tunlh !1? "3'00" West 114.79 feet to the point ol'be „inning. '1'gMrti�,r with e:iseun•u is for access thereto :Is shown in instruments recorded in Book 199 at I':iac 373 and in pool: 2 -11 at Coonl,p o 1'ill:ir:, Slalc of Colorado IIIIIIl�III IIIIII IIII I�II� IfI��I I�I��I II7 M�II� III IIII 0 /03/2002 04:03F R 0.00 D 0.00 P)2/21/2002 14:38 303209830 PAGE 93 A tract of land situated within the boundaries of H.E.S. No. 112; said H E.S. No. 112 being located in Section 2, Township 11 South, rang 85 West of the 6`I' Principal Meridian, described as follows Beginning at a point on the line beneen Comer No. I and Corner No. 11 of H.E.S. No. 112 whence said Cotner No. 1 bears South 1' 12' East 138.42 feet; thence North I' 12" 45.62 feet to the North line of said Township 11 South, Range 85 West; thence West 227.63 feet along North line of said Township 1 l South, Range 85 West to the Westerly Bank of Castle Creek; thence South 15'0' East 91.18 feet along the Westerly bank of Castle Creek; then: South 5'0' West 132.00 feet along Westerly bank of Castle Creek; thence South 17'0' East 220.00 feet along said Westerly bank of Castle Creek, thence South 4'22' West 53.00 feet along the Westerly bank of Castle Creek; thence South 21'06' West 120.0 feet along the Westerly bank of Castle Creek; thence South 7'37' West 176.00 feet along the Westerly bank of Castle Creek; thence South 0'14' East 85.00 feet along the Westerly bank of Castle Creek; thence North 75' 10' East 53.10 feet; thence North 25'44' East 84.08 feet; thence North 45' 18' East 67.00 feet; thence Nnrth 22' 14' East 158.42 feet; Thence Notch 6'42' East 115.80 feet; thence North 19'55; East 78.94 feet; thence North 15'37' East 26.18 feet to a point on the line between Corner No. 1 and Comer No. 2; thence North 5'20' East 234.15 feet along the line between Comer No. 1 and Comer No. 2; thence North 12'49' West 67.73 feet; thenceNortb 9'58' east 187.71 feet to the Point of Beginning, as herein before described. COUNTY OF PITKIN, STATE OF COLORADO, VIII I�III I�IFII ' III II I II Ili I�IIIll�l ��I Page: //0z/002 04:03F SILVIR DAVIS PITKIN COUNTY CO R 0.00 0 0.00 RPr vPd Tim= FPh.')I. I:43F'h1 0 1 F ; ') y . v i.. 0 w m 1 O Q fj jf 1 P ¢ I T =a y � 'T yfyfp9A'ii, 9 p �SN S� 6�Q 1 �I�Y� dC� 01 �� Rq i 1 5 tB U �� ¢$ fir ES V H 456 ' 'd `B {YN u � " t erg i �;Py Y eli P, R "P }4 $n NRAfkrs�^YR11 � e NdddB� j gy��, j 1 h� g n y P 9p < f�iY BnaY;`'MNY'� a z£ 1 4 p. �3 £A5 B S' 1 -' , i [ D 1' TW 8 ��� e � ? �°0 a ss =a= P 4� t r9r �5 V li t � EXHIBIT #6 Page 1 of 2 Michael Kraemer From: Michael Kraemer Sent: Friday, June 06, 2008 11:49 AM To: 'Earl Anderson' Subject: RE: On grade terraces Earl, 1 Yes, I have spoken to Ken about this. The approved 1041 recorded at BK 60 PG 76 shows decks. We considered these decks legal and approved. You may convert these decks to on -grade terraces in the same location and configuration. However, the existing improvements survey dated 12 -03 -07 shows additional decks. Unless a permit can be shown for these decks we will consider them illegal and need removal and cannot be replaced. The area between the residence and Conundrum Creek will also need an approved riparian revegetation /landscape plan prior to issuance of building permit. Please call or email with any questions, Thanks, Mike 920.5482 From: Earl Anderson [mailto:earl @earlanderson.com] Sent: Friday, June 06, 2008 11:39 AM To: Michael Kraemer Subject: On grade terraces Hi Mike, I just spoke with Ken Smith and he asked that I email you regarding our desire to remove the existing raised decks on the Bellows Conundrum Creek project with on -grade terraces in the same location. He mentioned that you would be ok with this concept as long as the on -grade terraces were within the same foot print of the existing raised decks. Is this correct and agreeable with you? Thanks for you thoughts and time regarding this issue. Sincerely, Earl Anderson EARL ANDERSON & ASSOCIATES, LTD. www.eartanders earl@earlanderson.c 5600 S. Quebec, Suite 210A Greenwood Village, CO 80111 720 -529 -8828 Phone ^i ' ( A 6/6/2008 Aspen Karma, LLC Activity Envelope and Site Plan PROPERTY DESCRIPTION A TRACT OF LAND SITUATED WITHIN THE BOUNDARIES OF H E.S NO. 112', BEING LOCATED INS ECTION 2, TOWNSHIP 11 SOUTH, RANGE 85 W EST OF THE SIXTH PRINCIPAL MERIDIAN AND SECTION 35, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN CONTV, COLORADO, DESCRIBED AS FOLLOWS'. SAID TOWNSHIP 11 SOUTH, RANGE 85 A POINT ON THE LINE BETWEEN CORNER NO 1 EAST 234,15 FEET ALONG THE LINE BETWEEN CORNER NO 1 AND EAST 187 71 FEET TO THE POINT OF BEGINNING, AS HERETOFORE COUNTY OF PITKIN, STATE OF COLORADO THIS DESCRIPTION WAS COPIED FROM THE TITLE COMMITMENT FROM STEWART TITLE GUARANTY COMPANY, COMMITMENT ORDER NO 48701, DATED NOVEMBER 09. 2007, FURNISH SURVEYOR NOVEMBER 14, 2007. Pltldn County Panel IDA 2911 -021-0D^002 Note: This site plan supercedes the site plan recorded In Plat Book 60 at Page 76 of the Pitkin County Records, Clark and Recorder i zw gi r ^S ad 1 spin, cobrad° 1 g k ez V ° t k f f Vicinity Map I i., GPSj�E GpEEK \�� w 1 Ownen'Acknowledgement The owners acknowledge being informed by Pitkin Ceunly of the existence of "environmental hazard areas" tat might affect Me prepartr. any Improvements, and the use Mercer Jan Bellows, Manager Almon Bellowe Manager Moen Karma LLC Community Development Director's Approval This Aspen Karma LLC Activity Envelope and Site Plan has been reviewed and approved by Me Community Development Director of Pitkin County this _ day of .2010 and s subject to Adminisbaeve Decision No _-2010, recorded as Reception No Cindy Houben, Community Development Director Clark and Recorder's Certificate This Aspen Karma LLC Activity Envelope and Site Plan has been accepted for recording In the Olflpe of the Clerk and Ambient of Pitkin County, Coki this day of 2010 in Plat Book _ at Page _ as Reception No. SAD —__--- - ----- sy S CASTLE ,CR EK r. e a a ` I � ba d �te9v+N y od 0 r5 so 100 a 111idbu July 23, Me z '0 J0 ; 330 1 4 1 1 s� V ° t I i., GPSj�E GpEEK \�� w 1 Ownen'Acknowledgement The owners acknowledge being informed by Pitkin Ceunly of the existence of "environmental hazard areas" tat might affect Me prepartr. any Improvements, and the use Mercer Jan Bellows, Manager Almon Bellowe Manager Moen Karma LLC Community Development Director's Approval This Aspen Karma LLC Activity Envelope and Site Plan has been reviewed and approved by Me Community Development Director of Pitkin County this _ day of .2010 and s subject to Adminisbaeve Decision No _-2010, recorded as Reception No Cindy Houben, Community Development Director Clark and Recorder's Certificate This Aspen Karma LLC Activity Envelope and Site Plan has been accepted for recording In the Olflpe of the Clerk and Ambient of Pitkin County, Coki this day of 2010 in Plat Book _ at Page _ as Reception No. SAD —__--- - ----- sy S CASTLE ,CR EK r. e a a ` I � ba d �te9v+N y od 0 r5 so 100 a 111idbu July 23, Me z '0 J0 ; 330 Apt_`= 11 9 = 216_ z 211 C Existing Guardrail \ \ \ Existing aH.IHna Wall 203_ o Proposed Landscape Envelope ul -- - - -- Garage ESilmaletl $db Eex— lB6b'I — \ \ \\ Z pg \ / Existing Residence \ „ \\ \ (ESlimele0 cF Floor Eb✓. =196.0'1 / \ i ` Turn Ana D k ki Il / / a a y i A On Greta PHIO Envelope \ Proposed Landscape Envelope 8 r t Existing Deciduous Treas r' 9 Creek Proposed 30" Boulder Wall (TOO o1 he'l ale oe ge Va Wave nmM ptae. M y IN anwaV. On Graft Pego Envelope Base of wall WOal.2 /6l pa dae igbl.Elopelawmwatnoateepermanl2 Pe — _ _ Edge H cauxted Arr _ Fni.n tlmewey grade ie 1.Io exceed 30' hose Whom of well) -�' Existing Evergreen Tree Previously Removed Cottonwood Trees Existing, Boulder Well J ,al,'tNewalreasnooeerede mm a .�e a�nn l.p. A," eae�erao.. Buried 1,000 Galion Go Tank to 0o frrom PunaChon -se lte nea�aee peltLot Zell Erosion Control (COnlr Beal Mereganranl pa lms'I., Ana alhn padan reaa during cons Nglm to prevent abeam i am ..nlanallon Key Property Line -- Building Envelope - - - -- Proposed Landscape Envelope Proposed Access Envelope Existing Contours - - - - -_ Proposed Grades EX lHing Dwidul Tress, Existing Evergreen Tree Proposed Access Envelope p / Proposed 14'-0" Gravel Driveway 1-1. A.apneee not to Al 1al, End H Topoe1ep01o1 season. Proposed Entrance V r:l-laom u appaane:,. l o.1 c.,,Idmm a.i aa�i O ar w U ;way -- x °, a Mae R ill o 1 IMe: lull LI10 1 10 aea;sm. SYrel. as 1*0 - lEnswe� lae6) _ -- 12, \ \ \\ On Grade Patio Envelope \ Proposed Landscape Envelope Existing Deciduous Trees / Cobble Area 1e10 Bq. 11. 011g' 103' over mcX mbhle IO b0 in910110, Onq Ile sheemhenk Ih eltl m cen1r015ng Br0be On Grade Patio Meng bad. Bone 10 be doweled by eve er.) Existing Evergreen Tree . 213 \ \\ \ \\ V 41 211_ \ 20 - zpT-_ AL x06— � L R ew e == �\ \\ \\ \_ —�� \\ \ \\ \ 0 as par 16 12 ' Plant Kay - Train Existing Evergrrn Tree 5 V olTg 11 sin special consul 2 Colorado S ce /Pceapungens B' 12 mm. Specimen 3 Sppru uce Colorado r/Pceapungens 12' t2 mm. S pec men 1 Colorado Spruce /Pceapungens t6 12 r. Sr men 2 12 Quaking Aspen/ Populus therapies 2 "cal. 10 r Fleltl Collected 2z3_ ob 6 Quaking Aspen/ POPlllus tremuoldes Total. 10mirt R, Collected e2z _ 2 3]0 �= = \= ` `\ a 3 Native River Birch / Betula sortinalis 2' cal. 10 rm. Speplren _� =� he � � \ \ \\ � y Q t 6akerl Spruce / Plcea pungens'Baken! 8' 10 min Specimen xx\ n Existing Guardrail Existing Retaining Wall Plant KeV ee Shrubs and Groundcover seal Gb. Cersh g n Rama /9rdlndia Memo on awl, �ndllan Existing Evergrrn Tree 5 Native Chadians, I porous vhgriana'relanacarpe #5 4'o.r. 11 Boulder Raspberry/ Rubus Del cipsus #5 5'aln. Fu ll to base n 6 Red Qa Dogwood /Comus surea #5 5'an. Full to base O + 35 Wax Current /Pipes cereum #5 Tnun. Full to base ® 500 Native Sedges and Rushes Plugs 8" min. ® 150 Mixed Perennials #1 18" In. g Deer Rrle : Native Delphinium, Lavender. Columbine. Rudbeckia, Sell Native Lupine, Iris, Dmsy, francs. Rocky ML P ... AM.. 7,000 St. Pill County's Recommended Native Gress Seed MIX w/ Native Wetland Wildflowers Proposed Landscape Envelope / Existing Deciduous Tear Existing Evergrrn Tree 0 Proposed Access Envelope I� \i�\ Proposed 14 -0" Gravel Driveway (Sow aleerwiO lot to eFeetl 12 ", / arq a Topogr -MCtl Inbrmetlon Existing Residences �� e IBdllma ed xr Proposed Entrance ILlly ohr (wide n e.ernq m.wavm auowa xz vomaer mhdnq r tmm 40pp0pol of risoumm creak lard, m � v Address Marker f13 ulder ban 1A so sorXed male, n umbers) Sea Taro Around we. I log } s I T Ca stle Cree — k � 2 N t —1 W� - - v Proposed 30" Boulder Well )Top of bei to be ight lssal aWve finleh grad, of fop bnveri Bede of wen equals 2I31ne 1leight, elope If of wall nu,l „par Thar 12 — _ - In air anvewav g. la ve m arced So fort horse of well) a Edge or piehebetl Arse - - - - - - Previously Removed Cottonwood Trees - - - / Exl Boulder Wall )aouye, walc0 oe re ewled mOVeb Iurbed area to be reamremO na grass NX e, d awda ealdmbe ,eves,Ialedwinnaevenpanan lama ale grasses Buried 1,000 Gallon Gas Tank m march the a ding vag�abpn m the vionlm of me peal. Al pmm mrl ahr6 be Irpn tfre Ptkln Lounty Pev¢gatetlOn Guide, laWmmanbe0 PIa Lst) x0 Erosion Control ripener areas doing de niucnd,Iss e Pr shera s"forwo r vlllMn pavan, a[reem mntrmineuor; Shea ".lo'. or I� J am rc 1.1,26,1010 seer: L - 2e0 " :,32 U 0 I� r ed 7 a g O bQ a a p a rw� � o 1st 1.1,26,1010 seer: L - 2e0 " :,32 General Plantlno Notes: 1. Location of all trees shall be staked and approved by Landscape Architect prior to final Installation. 2. Exact placement and soap. of planting beds shall be reviewed by Landscape Architect prior to final Installation. 3. Verify Ideatiens of all pertinent existing site improvements and utilities already Installed pn to commencing planting work. If any pert of the the plan cannot be Implemented due to site conditions, contact the Landscape A co rcnitect for Instructions prior to commenting work 4. Four mil steel edging shall be installed between all grass areas and panting beds. 5. Planting beds shall active 2 Pine bark mulch. 8. Grades shown in the landscape areas are finish grades, including 4 of topsoil inlawn areas and 8" of topsoil In planting areas. 7. All disturbec areas are to oe seeded with the F0ldn Count's recommended Ne9ve Greve seed mix. 8. All sod and perennial areas shall receive spray' irrigation with 100% overlap This system shall be automatic. Rotor irrigation shall be provided to all re vegetated and native seed areas for amnimum of 30 days thereafter reduce waterng gradually. Supply budder rigatiorn to all trees and shrubs planted in native grass areas. 9. Mulch all sown areas with 2 -3 "of "Certified Weed Free' straw and taciffier. 1'2' ev =1960 a Senn Sarong rleE Sol reset r 3/4 "was i one ea grovel 4" per, Pipe Idmn to daNlgno — (e' x 1 6[e it 616 a., doer n, tea ea r . It . 6 1 a EedereSo In t a 9B" Ory EYOke9 trde Retelnln9 19e1I (B IC 10 "alone BlebB.. compecte0 014" gravel pace, Slone to match residence veneer) Finch 111v 1111 E Td s-1, chat. Typical Flagstone Terrace Section t1-In In.. if General Notes and Specifications 1. LOCATE ALL GOLMU. Contractor shall field verify existing gratles, utilities and conditions, antl notity the owner of any discrepancies before starting want makln mddlftcatipns as dlredted b Ina land.. Architect. Contra 9 Y clot will be regwred to complete Ne work of Nis Pon tic lM1e proposed tlrawings, tletails antl specification. If conflicts fare In the field, contact the Landscape Architect for resolution. Contractor shell take sole responsibility for any costs Incurred due to damage of said utlli ies. 2. Verify locations and conditions re ti aces and n I n tl o beginning o work Contractor 1n diameter take appropriate m te mass ur to protect them llb avoid compaction to the the drid p Intel. A aft cuputting putting roofs ever 1" lemeter. Existing plant marial damage by protect stall be e at co replaced at contractors rs expense. 3. Collector shall install fencing along the limit of grading to prevent damage to remaining existing vegetation. 4. Contractor shall anchor Sgt Fence at the toe of all disturbed slopes to prevent erosion of existing slopes. The fence shall remain until said slopes are sufficiently rovegnated. 5. Contractor stall install GREENFI% - CM V E cold ratlable erosion control blanket (or equal) on all slopes from 4:1 to 2'.1 after finish grades have been approved by fine Landscape Architect, feniliaed and sown with native grass seed. 6. Contractor shell be Postalplle for obtaining all approvals and permits. Noxious Weed Control 1. All disturbed area are to be re vegetated with Pllkin County 's Native Grass Seed Mix as soon as c0nstrucher Is completed. 2. All sown areas shall receive rotor rogation with 100% overlap This system shall mn for amnimum of 30 days, thereafter reduce watering gradual. This system shall be automatic. 3. All topsoil should be treated with a pre emergent herbicide to prevent lie introduction of new noxious weeds. 4. All sown areas shall be mulched with 1 - 2 inches of "CERTI PI ED" straw. 5. If chemical methods are required to remove ex sting weetls, contact Mn County ypeyt1. maser 'e Colo, N: (970)pPDBl14 or a -ma I to l@co .pifein co.us for more detailed information on spew s conlyd techniques. They provlde weed ... l f and consultation free of charge. Noxious Weed List ' Mediterranean Sage (Salver eethe ndi 2. Orange Hawkweed plaereaum aureneecum) 3, Perennial Peprw peeed (Lepldlum lerilollum) 4. Russian Olive (Eleeag us a g afilalia) 5. Sulfur Cinquefoil (POrenflle recta) Salt Cedar (7p mosissime) 7. Yellow Starth'atle (Ce lsoma soutopalis) S. Wild Camoray(Cerum derv) 9 Bittersweet Nightshade Welanum dined... 0 1 ) . Black Henbane ph'seyamus tiger) 1. Chicory (Clohonum tnrybus) 12. Marsh Sowthistle (Soncbus whav l5) "77C z I J J 04 b e e U to c O U Wells a U zsill Oeke: July 26, "to Re.;am. $teG L -3.0 30 ,x;33 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Aspen Karma LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Site Plan Review & Minor Amendment to a Development Permit (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 022 -2006 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $3,145 which is based on 5 hours of staff time (fee has been doubled due to violations). 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 APPLICANT Cindy Houben Community Development Director Aspen Ka m it Ilr a d Allison Bellows) Print Na J +-,QtC0y 2820 Hunter Road 30 1 3 4 PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on September 14, 2010, the Pitkin County Community Development Director granted approval for the Approving the Aspenkarma LLC Site Plan and Minor Amendment to Development Permit (Case P062 -10; Deter. #68- 2010). The property is located at 0201 Conundrum Creek Road and is legally described as a tract of land situated within the boundaries of H.E. S No. 112 being located in Section 2, Township 11 South, Range 85 West of the 6 P.M. The State Parcel Identification Number for the property is 2911- 021 -00 -002. This site - specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S /Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly on September 26, 2010. PUBLIC NOTICE RE: Aspenkarma LLC Site Plan and Minor Amendment to Development Permit (Case P062 -10) NOTICE IS HEREBY GIVEN that an application has been submitted by Aspenkarma LLC (2820 Hunter Road, Weston, FL 3333 1) requesting Site Plan and Amendment to a Development Permit to amend the Building envelope to create Activity Envelopes to allow for restoration of areas of work outside the approved Building Envelope in the riparian and floodplain areas. The property is located at 0201 Conundrum Creek Road and is legally described as a tract of land situated within the boundaries of H.E. S No. 112 being located in Section 2, Township 11 South, Range 85 West of the 6 P.M. The State Parcel Identification Number for the property is 2911 - 021 -00 -002. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Lance Clarke at (970) 920 -5452. Attention All Property Owners within 300' of the subiect Property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 51611, by September 10, 2010. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. County of Pitkin } AFFIDAVIT OF NOTICE & } SS. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2 -20 -100 I, ��Dt^ 1� �\ ^— , 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 2 weeks prior to the public comment deadline to all wne s of property within 300' of the subject property , s indicated on the attached list, on 2010 (which is 15 days prior to the deadline of , 2010). 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 comment. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 2010, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. k6'', Atiw.A ! A � (2-- Applicant's name Signatu (Attach photograph here) Signed before me this " day of SC YK h t 2010by A�iut Q VBL►C WITNESS MY HAND AND OFFICIAL SEAL My commission expires ► � �• � A« V, \ TAT EdF Notary Public Notary Public's Signature LIST OF OWNERS WITHIN 300' OF SUBJECT PROPERTY 285 Conundrum Road LLC 453 East Hopkins Avenue Aspen, CO 81611 -1907 Michael D Hoffman 939 Mallard Point Jupiter, FL 33458 Heirloom Properties Colorado LLC 24 Waterway Avenue #300 The Woodlands, TX 77380 Argand Holdings II LLC 2001 Kirby Drive, #1210 Houston, TX 77019 -6081 Sheridan Mitchell Lorenz 1606 Westover Street Austin, TX 78703 Michael and Ann Katz 3584 St Gaudens Road Miami, FL 33133 Anne and Patricia Goudvis 210 Lipon Way Boulder, CO 80303 Conundrum Trust 639 Adelaide Drive Santa Monica, CA 90402 Peter Carvelli P.O. Box 2377 Aspen, CO 81612 Castle Creek LLC c/o David Field 1520 Monk Road Gladwyne, PA 19035 Michael and Dudley Del Baso 115 Central Park West, #81D New York, NY 10023 Highland Ranch LLC P.O. Box 1152 Aspen, CO 81612 L {� } \� w� Lance Clarke From: Alan Richman [arichman @sopris.net] Sent: Friday, August 27, 2010 10:24 AM To: Lance Clarke Subject: RE: Aspenkarma Lance: here is Rich's answer: Alan: As shown on the plan, there will be a strip of native grass, native wildflowers and some native wetland plants, between the patio and the cobble area. Rich At 08:31 AM 8/27/2010 -0600, you wrote: And then the cobble would be laid in front of the vertical wall -is that the plan? From: Alan Richman [mailto:arichmangsooris.netl Sent: Thursday, August 26, 2010 4:50 PM To: Lance Clarke Subject: Re: Aspenkarma Lance, I sent this to our designer (Rich) and asked him to respond. His comments are below The issue is that the area where the terrace would be is quite small and slopes. We are trying to have a level terrace without losing any area. I don't think anyone is trying to pull a fast one here. We gave you the section on L 3.0 so you could see what is going on. No you didn't agree to this on site because we didn't come up with this detail until we were actually laying out the patio. As he notes, all of the work would happen in the envelope that corresponds to the former deck. If you have a better solution we are open to hearing it. Alan: The retaining wall is within the patio envelope and is in essence a thickened edge of the patio. It was an effort to create a level terrace and maximize the small area without any changes to the grades outside of the envelope. I suppose we could add a few more steps at the house but this solution would decrease the size of the terrace dramatically and lower the grade along the foundation. We would then need a handrail and we would still need an 12 - 18" thickened edge. If we were to remove the retaining and make up the 30" grade change within the envelope, that would render the patio unusable. (r! Z i At 01:33 PM 8/26/2010 -0600, you wrote: Look at sheet L 3.0. It looks like there is a vertical retaining wall at water s edge in front of the flagstone terraces. I don t recall saying that kind of wall was cool. Did we? Checked by AVG - www.avg.com Version: 9.0.851 / Virus Database: 271.1.1/3095 - Release Date: 08/26/10 00:34:00 Checked by AVG - www.aviz.com Version: 9.0.851 / Virus Database: 271.1.1/3097 - Release Date: 08/27/10 00:34:00 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 August 5, 2010 Alan Richman PO Box 3613 Aspen, CO 81612 arichman nsopris.net Re: Aspenkarma LLC Site Plan and Minor Amendment to Development Permit (CASE P062 -10; PID 2911 - 021 -00 -002) Dear Mr. Richman: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. If you have any questions, please call Lance Clarke, the planner assigned to your case, at 920 -5452. Sincerely, Bonnie Waechtler Administrative Assistant PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 MEMORANDUM To: Pitkin County Zoning Officer FROM: Lance Clarke, Community Development Department Lance. clarkeaco.pitkin.co.us Re: Aspenkarma LLC Site Plan and Minor Amendment to Development Permit (PID 2911- 021 -00 -002; Case P062 -10) DATE: August 5, 2010 Attached for your review and comments are materials for an application submitted by Aspenkarma LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, August 27, 2010. htto: / /www.asr)ennitkin.com /Portals /0 /docs /county /Com %20Dev /Planning / Land Use Ap plications /P062 10 app.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie.waechtlerkcopitkin.co.us or 920 -5109. Thank you. PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00029608 Name: Jan & Allison Bellows Date:7 /30/2010 Project Address: 201 CONUNDRUM CREEK RD Type: check # 1894 Permit Number Fee Des cription 0062.2010. PLAN 0062.2010. PLAN PP- Flat Fee PP- Clerk Tech Fee Total: Amount 3,120.00 25.00 3,145.00 Aspen Karma, LLC Activity Envelope and Site Plan PROPERTY DESCRIPTION A TRACT OF LAND SITUATED WITHIN THE BOUNDARIES OF H E S NO 112 BEING LOCATED IN SECTION 2, TOWNSHIP 11 SOUTH RANGE W WEST OF THE SIXTH PRINCIPAL MEPIMAN AND SECTION 35, TOWNSHIP . GO11LH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, P"N CONTV COLORADO DESCRIBED AS FOLLOWS BEGINNING AT A PONT ON THE LINE BETWEEN CORNER NO 1 NO CORNER NO 1 1 OF LINE OF SAID TOWNSHIP 'I SOUTH TOWNSHIP 11 SGl74, RANGE 85 15x37 EAST 2618 FEET TO A PON,T ON THE LINE BETWEEN CORNER NO 1 2 OSa20' EAST 234 FEET ALONG THE _NNE BETWEEN CORNER NO - AND 09058' EAST 16771 rEET TO THE POINT OF BEGINNING AS HERETOFORE COUNTY OF PITKIN STATE OF COLORADO THIS DESCRIPTION WAS COPIED FROM THE TITLE COMMITMENT FROM STEWART TITLE GUARANTY COMPANY, COMMITMENT ORDER NO 46701, DATED NOVEMBER 39 2007, FORNiSH SURVEYOR NOVEMBER 14, 2W7 Pitldn County Parcel ID= 2911 - 021-00-002 NOW Thls s.te peg supeseaes Pte d'% Cis, -.CnM.d m Plat Rook 6C at Race 76 of the P1tkr County Re.ots i �a R` 1 3+ 82 C _ i i siE� /a f ry Vicinity Map �F c PSt` � CR EEK Jan BHlds Manager Asnen Kama LLC Ow , Apkno ganadm Omar aclpnwl Vgas that hashe has bash mfom PH County aa by , O1 me rah. a ...nal ha��and. fat m Na reht aK pmpe, ., pramnan4, and He use and panty tt,an T a pmw9Wls of Ne PrIM, O� regWWns ao nM in any way assure or hply Nat areas ouR.a Y oesgnaMa hazard areas MII be tree fmrn finds, or load aoprovea rn,ator mean ras-P guarantee th safay af any aopay Community Development Dida t . Approval Alhann Belbws, Ma�aoar TKIS Aspen Karma -LC Ayyvlly Envekpa and Ste Pan has been revlawea and appmvea by Na Cammuhlly Davalwnlalt Dretlor M PItk, Canny N1s r cay of zcc are 9 wb,e b Aammro-a:r.'e Deoslo- va .s -zule acmaec as R ,mn No _�T e. �. o . ,� CIrMV Fwben Cmm�nr.. Oe+elopme�7 Dem� cIM[ and Rn'. Mels CeRr9cate Is Aspen Kama LLC kdYty Envelops and Bee Pan has dean a0 -pdad to. re ! 11 Ne CIRR of the Clan ana Remraa of PANT^ County CJxado Ns say of �''' ?"' N_10 in Ral Book at Paoe.� as RecaOaon Cleat erk Raxraa� 7- C++T': K — — =_- _CASTLE CREEK =_! 9 - Ru" Lhlmmmw� - 11 `• DNC JW B, 38J6 R-- . sole: l - = 41y. V r 1 ez I , O n 21 3 _x` y "M �i Z 000 ___ r� (EMraea�Slro ExiStin Resilience On en b Peuo favela . \ Proposed Landscape Envelope > Existing Deciduous Trees —� - . on arad. ruw EMV" — Exdsdng Evergreen Tres Castle Previously Removed Cottonwood Trees audad 1.000 GOHM no Tana 1391 P4.5 Proposed Landwape Envelope Property Line -- Building Envelope - - - -- Proposed Landscape Envelope M•M Proposed Access Envelope L_-_ —] Existing Contours -- - - -_ - Proposed Grades dWk* oWMe nest EW W W E-rvrw Thee ExtstlngBouulder Wal a.ao.e as amo. R.eaaae.wn �.wem a.e as s�as+.a oa m w +are wnv�a +a ua..auya w.au an q.m m.rea.� mm x Ism uK wan carp � wa, nemmmeroeu ran tan.l Erosion Control � sea sMliwe'4#Wna¢mwV Fattu'la won wpen .un araaadmn9 m9v9onlo pca�M tlream wamvaMn 1 / t f n.os xdrMxLLe L - LO 1 r ' A h . r •�. ♦n 01 ,. e �n �ryh' �i.��f/,y,/,/i �! /II��nr r S H'� �- �y$! ;i.Yy- .Lfi.. -i 7z•,,�i% . 'rte►• <t�A �y iw� r ,i` ExtstlngBouulder Wal a.ao.e as amo. R.eaaae.wn �.wem a.e as s�as+.a oa m w +are wnv�a +a ua..auya w.au an q.m m.rea.� mm x Ism uK wan carp � wa, nemmmeroeu ran tan.l Erosion Control � sea sMliwe'4#Wna¢mwV Fattu'la won wpen .un araaadmn9 m9v9onlo pca�M tlream wamvaMn 1 / t f n.os xdrMxLLe L - LO s s z a ° o� o� �C Plant Key -Tres W Gamwe, m., edlama �. Spine c. dean 2 C nulc Spume / Pima pungens e' 1Z .m Specmen 3 cobrego Spurn /Pnma Wn9mma 12' 12'. Spec. m t 16 12 min Speonen 4a. 12 Oua" Aspen / PopuNS trerm/bdes 2' ml 10' . FieM GoAected 6 Qakvg Moo / Pupulus VemubMeS 3'rsl 1P mm. Fe CdeclM 3 NaMe ML Moon / Betide ton naM1S 2 cel 10' min Soi on m C 1 13eken Space � Pncee pungmS'Bpkem' B' to min SpaCimen � i�AGr \ \ 1 I iF��a s s'r/ -_ -_ Exlstlnp Residence _l W a" anal On Grade Patb Envalor- �\ Proposed Landscape Envelop �\ \ Deciduous Trees Cobble Arse Ivry ad1S mTxuipy[mWabbn�Na[etl awry va uiavmmtma0 n urMdf�y e'wm 1 On Grads Paac 8widape — Wilding Evergreen Tres Caste Creak rar.dr Bre.e.e a1P Previously Removed Cottonwood Tram Burled 1.000 Gallon Gen l MW Proposed Landscape Envelope 9nt Kev - shrubs and Groundcol I Gly C NNO LsdM6Yl "l Wall SPVOY ` r �` s 111 v cMkecnem r P.S WO.11e'aracarya' ds a' o< y 111 RoulEer Rae[OStry I Rudrs Delci[¢uc t5 S min F.0 to haze ` 1 /// S ReA OSm WgnooOl CVmissencea 05 Von, Full to hale V��/ _ § r�35 Wad Current /Rmas osreum d5 5min Fouto. SW Native S.".cl RutlRS PWgs 6"min _ 150 Mo:ei Peremotis Oer eaW.k: Neese DMpMnwn. L C Rdrre. Rueheda Santa ann, Y Native t+am, ers, Oa'W Var(pw, Rocky Ml Penstdmen , _ 7.OW 51 PMm Counq+s Remarkaenaetl Neese Grass Semi Nx w/ Neese Wellmol WaaAOwms D riveway Proposed Access Envelope Proposed W-0 Gravel �•.- , Address liarker ! „ Y � r Proposed 3Om Boulder Wail — rtoPaewaei.mnew ..nee mowM�sm�e� m ®a m w.an zn R. aim. ace a. Fmn ei.lvwey glace mmlm mud sR Rmi haw arM I EAsUM!!o tder Walll i u ifoulNr °aRbte �mmxa IppaeR Yeeeea bma,e« am „mix ��b.im �.6. i m m.im me m.n�q.agebmn m m. rm =qw u. �.ae r,l vad �reieti a«w ne horn me p14n cwMr Rmegemlm� eiwe. Faommmeee Pba wa E rosion a xni - w aArc Mm�� pr 4 Wet' a^ U U o 'C1 � a y � a a � U r o VI N P-N iadxlade dc�wd 3ai L - 2.0 �n "s ya s� IB' � 1P 51we $W blm i Ytl albq Out SMelmpPbnwFJi �. bN1 (t S to , PYAan M yrb4aro saWgEal Sbe F ee arra:leeM owmr) 30' Ory 8laelui xi- wNeYlrtloo YMI Ifin ta' SWw SNes am m�n� Yi' Yawl My $bwb rMWi rtaEnm wnaw I 1. LYp tie.' =156 B 1' 6W SnOep Bec SM sopniw Y6' wMe6 wrtre4 g2rd <'MdP (9m b nlW 1itlw BlYa /eMMif AI- W��e �Po b�sNNN wNP uLpMY Co11Eb N- ImowmaeretwoexkmabNw �aeimaee alnq 9 woa.r' �) Typical Flagstone Terrace Section ado -VW.1w Notes: t tocmon of all M1 Manx Slaked eel aPPOVd br LadaLape Allied P. b Mal lnsta9atmn 2 F><ac[plaLmmml ad shape ofp4a,(gpede itatl onrewewd by odscam Metaled poor to M vonalmbon 3 Verity bceboncolioertmentebsYg sm^'nPOwmarl %ad utltlpes steady lrltaled plwr to mo nci gplonur work amry peel i dw ws plml deli be mptenvnmd due m ale m[di9m¢, mied the t sMSrape ArclnlMior (nNrudrorts pwr to mmmerwrg woA s Four.. lei iii n crap te rteitaW petwMl on gmso ereae mm lion, peels 5 Pmnmtg beds ehaa receive 2° Pere park mil(W. 6_ Gr03es Mayon in t land a m¢aa aR M1n611 grede5, I udin, 4= of fopvl in lawn meae mtl 0' of biratil in panlag mean T Ml Lliul areas are m df se dad Wllh tpe Po C ntra recommended � ems seed inn 6 Ad sd all peremiN areas shoo re vA¢ spray empMn wM 1i ownap. Tin system shad be awomabc Fotm irtgetmn shoo be po to N mvegemld end natty s areas ha a ...n, i w days, merealer rduw wamnng gradually Supply Wppbr inga to wl trees ad shrubs plamed in rebve grass leas 9 MnM all. lees wilh 2- 3 °.1'Ce W Weed Free" W.. all fxiber General Notes and Specifications I LD w M URIII L Contractor a 0 Yap wrly ewd31g Bache wAhae ad mdarem ad nolify tlta mwwr of any d000 oar es betor9 Nmhng ak nulwg modacmons ss dredd by Nw tffiId NcM1Imc1 lmrmecmr w0 DB required lb mnpiau 01e w w as u s f. niio m her w br tMo, ado eo smYk/ .1 fie tlue m id n sea of vHG� . tmesmpe bLlntad 2 Verily kaabons ad Londf ons of wising beesan0 ✓9wd mamas pymr b peRmvrg work Corgrador spatl take approprum nreamrea m f +omct tMm aq awb wngacOal w2vn tle try Ixms AwA (.vmn9 soots over t ° du�nater Ensnng pant mamrW danuge M t ltrecbr aM1a@ 68 replacetl al WMa]or5 eryMee 3 C olin sly nnAA fii ong tong dw r rw N gnic[, to Praeiml tlmnage In rena.a(g einieg aegiabil. 4 CwWadd Null armrol W P. l the ma of m dlmbd slopes m Wavent a(oion of ensbrg iiJo a The fence shsl remain until smtl slopes ere sumcmdy ri ft O a6 5. Cadaomr Nul m" GOOM -CFH 011 B doQaoradabta elowan LonW Winiod �R eWi7 m e0 slopes ft. a'1 b 21 A. M1oM gredea hew peen appmvea by t LeMacapa Archllacl, fe(ol¢eG all sown wM n ib ni Rasa meE. 6 ContractorN p responamVa for obmkfn, W appovis ad pis a No Weed Control I All dr5pnbd eras ere b d re- veg¢te w Rtlan C..Wit Hdee Goes S MIa as man esamstrucdon Is La Owed 2 M sown mess alai mmrve romr m aboo wMi IIX ovdap. Ttes systemshal inn for a Iwxm. of 3x1 days. IhNeattm reduce w nonrg 9own.0, This sysem shad on eufdna[r 3. MI t.,sot a Iol be treiad will a ReemergeM herded. to Peael tl mUodrcvon of . rmious weeds 4 Allsownmeal NWIbemul&idwMt- 2mimeof'CERTIFIEWstraw 5 d charted tnilvds m rend to remove eilmg weds. LvraM Ped1 CotmW WRiifaM e-a0ah glkca or A ThQy evemap I a on sob m . fm of 0., ¢ led iedurmation on W¢Ld contM Iectrnlpues Noxious Weed List 1 Adetlawrarlean 5 (Sella 2. Ormige Hawkweed (ida'wwm augmaam) 9 PeIMreN Pepplwed (fps. &mllltlo9am) s. snu�cxpu�ebl!e 6 Sad Ceder (Tamem mmoixwrru) Yibw Smdhis0e (Cenhmea sdilmrsl e Wdd Cmaw�3 cam) 9 Bdelsweat HiRlmnade (Sianum tlukmnara) tg 91eck HerWrw (Nyuscyemus tiger) 12 imi SOMtn (Swrdua a U b U O o a wl O X61 ^ Dtic 3dy 16 3010 =y . Ft,, W $eppny 11.2010 LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AFTER REVIEW RECORDED COPIES AVAILABLE TO BUY AT CLERK & RECORDER