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HomeMy WebLinkAboutpitkin.planning.273720400014 (2010)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) r� - — Parcel ID: 2737- 20 -4 -00 -014 Application Date: 6/22/10 Case No: PO47 -10 Description: Stella Polare LLC Minor Amendment to a Development Permit Planner: Cari Anne Holcomb # Copies. 1 Allocated Hours: 3 Project Address: 44010 HIGHWAY 82, ASPEN, CO 81611 % Over Hours: 3.6 Property Owner: STELLA POLARE LLC Address: 617 W MAIN ST Owner Phone: ASPEN, CO 81611 Owner's REP: THROM DOUGLAS H Address: 617 W MAIN ST REP's Phone: ASPEN, CO 81611 REP's Email: Dthrom @sopris.net Referrals: CDOW Other Referrals: OPEN SPACE & TRAILS REFERRRAL Comments Due Date: 07/22/2010 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes: Approvals: BOCC Resolution #: P &Z Determination #: BOCC Ordinance #: HO Determination #: Ad min Determination #: 060-2010#573026 Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): Remarks: no vesting Application Type: MinorAmendment to a Development Permit RECEPTION #: 573026, 08/26/2010 at 09:04:09 AM, 1 OF 2, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DETERMINATION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, DENYING THE STELLA POLARE LLC MINOR AMENDMENT TO DEVELOPMENT PERMIT TO ALLOW DOGS ON THE PARCEL Administrative Determination No. 2010 RECITALS 1. Pursuant to Sections 2 -20 -150 and 7-20-70 of the Land Use Code, Stella Polare LLC ( "Applicant') has applied to the Community Development Director of Pitkin County, Colorado ( "Director ") to amend the prior condition of approval to allow dogs on the parcel. 2. The parcel is located at 44010 East Highway 82, and is more specifically described in Exhibit A. 3. The parcel is zoned AFR -10 and contains 2.306 acres. 4. The Board of County Commissioners granted the following approvals to the Aspen Field Biology Lab pursuant to Resolution No. 101 -2004: Special Review for an indoor research facility and a caretaker dwelling unit, GMQS exemption for an essential community facility, and 1041 hazard review and conceptual submission to establish a building envelope. The 1041 site plan was recorded in Plat Book 71 at Page 43. The parcel was then sold, and the purchaser, Stella Polare, LLC applied for and received a minor amendment pursuant to Administrative Decision No. 50 -2006. The Decision replaced the previous approval, and established a new building envelope and conditions of approval. Pursuant to Hearing Officer Determination No. 014 -2007, the Applicant obtained approval to utilize a TDR for additional floor area up to 8,250 square feet. 5. The Director finds that the proposed change to eliminate condition number 1 1 A of Administrative Determination No. 50 -2006, the prohibition of dogs on the parcel is inappropriate, given that the parcel adjoins two open space parcels, the North Star Preserve and the James H. Smith Open Space. 6. The Director further finds that the proposed amendment could change the use of the proposed development or the basic character of the land and the surrounding area, and that the amendment is not consistent with action taken during the original review. THE DIRECTOR DOES HEREBY DENY the Stella Polare LLC Minor Amendment to a Development Permit to remove condition of approval #1 1A of Administrative Decision No. 50 -2006 to allow dogs on the parcel. APPROVED by the Director, this 25 - day of 2010. Cindy Houb n, Community Director PID 42737 - 204 -00 -014 Case #PO47 -10 Administrative Decision No.UQ -2010 Page 2 Exhibit A Legal Description 'S r ection: 20 Township: 10 Range: 84 A TRACT ;BEING PART OF LOT 20 SEC 20 -10 -84 CONT 2.1 AC M/L DESC BK 295 PG 371 MEMORANDUM TO: Cindy Houben, Community Development Director FROM: Cari Anne Holcomb, Planner DATE: August 20, 2010 RE: Stella Polare, LLC — Minor Amendment to a Development Permit SUMMARY: The Applicant is requesting to amend a condition of approval regarding the prohibition of dogs on the parcel. As part of the request, the applicant has proposed a Dog Management Plan in order to reduce the impact dogs may have on the documented riparian and wetlands habitats located on the parcel and on surrounding parcels, including the adjacent North Star Nature Preserve and the James H. Smith Open Space lands. APPLICANT: Stella Polare, LLC. REPRESENTATIVE: Doug Throm. LOCATION: 44010 Hwy 82 and is more specifically described in Exhibit A. PID #2737 - 204 -00 -014. ZONING/LOT SIZES: The parcel is zoned AR -10 and according to the Assessor's office is approximately 2.269± acres and non - conforming in size. BACKGROUND: The Board of County Commissioners granted the following approvals to the Aspen Field Biology Lab pursuant to Resolution No. 101-2004: Special Review for an indoor research facility and a caretaker dwelling unit, GMQS exemption for an essential community facility, and 1041 hazard review and conceptual submission to establish a building envelope. This approval included the provision to prohibit dogs from the parcel. The Applicant agreed to the condition which appeared after the Planning & Zoning review of the land use application and prior to the BOCC hearing, which approved the final Resolution. During the 1041 review, Jonathan Lowsky, Wildlife Biologist, identified several bird, small mammal and reptile species located within the sensitive habitats of the adjacent North Star Nature Preserve. The 1041 site plan was recorded in Plat Book 71 at Page 43. In 2006, pursuant to Administrative Determination No. 50 -2006, the Director approved the Stella Polare, LLC Minor Amendment to a Development Permit, to eliminate the potential use of the property for the AFBL and the conditions related thereto, and to `convert' the approval in order to develop a single family residence on the parcel. The approval also amended the site plan to designate a development envelope in place of a portion of the access envelope; the building envelope remained the same as previously approved. At the time of the application, the Applicant stated that the condition ( #14, BOCC Resolution No. 101 -2004) regarding the prohibition of dogs, "should remain in place ". When the Applicant requested a GMQS Exemption and Special Review to Utilize a TDR for Additional Floor Area up to 8,250 square feet, which was approved pursuant to Hearing Officer Determination No. 014 -2007, the City of Aspen's Open Space and Trails Board expressed concerns over the potential for dogs accessing the open space and potentially harassing the wildlife and protected nest sites. (Attached Exhibit 11). The first page of the application states, "No modification to the existing site plan or building restrictions is being sought." Also in the application, the Applicant acknowledges that the western 0 0!J001 C) - !' /-. // Page I oJ5 boundary of the property is comprised of wetlands and numerous seasonal (manmade) ponds in the vicinity of the house. REFERRAL COMMENTS: The application was referred to the Division of Wildlife and the Pitkin County Open Space & Trails Department. The application was also forwarded to the City of Aspen's Open Space & Trails Department. The comments are attached are incorporated throughout and are attached for reference. Minor Amendment to a Development Permit. Subsection 2- 20- 150(b) of the Land Use Code authorizes a minor amendment to any development application or permit that meets the following criteria, as determined by the Community Development Director: 1. Is consistent with action(s) taken during development approvals for the property; and Response: The proposal is not consistent with previous actions taken for the property. Due to the proximity of the parcel to the North Star Preserve and the existence of riparian and wetland habit on the parcel, the condition of approval prohibiting dogs has been placed on this parcel starting with the original land use reviews by both the Planning and Zoning Commission and the Board of County Commissioners. Additionally the Applicant stated that the condition should remain intact in the 2006 application. In the application to land a TDR, the applicant agreed to the provision during the proposed Special Review. At that time, both the City of Aspen and the Pitkin County Open Space departments expressed concerns with the possibility of dogs being allowed on the parcel. In the special review criteria for approval, the Code states that the special review use shall not conflict with any applicable sections of the Land Use Code, including the County Land Use Policies in Chapter 1. Those policies include Section 1 -60 -160, "It is the policy of the County to support the preservation and protection of public lands from the impacts of incompatible development by promoting land uses within and nearby public lands that are compatible with public use of those lands and with the preservation of the natural environment." Additionally several of the Special Review Criteria, which the applicant had to meet in order to obtain approval, include the following: The proposed development must not substantially injure the value of the adjoining or abutting property. The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. "r The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects including ... impacts on natural resources ... on surrounding properties. According to Barb D'Autrechy, the condition to prohibit dogs would have been included in the protective covenants placed on the parcel, had the applicant not already agreed to leave the condition in place in the Hearing Officer determination. 2. Does not change the use of the proposed development between residential, commercial and tourist accommodation uses; and Response: The proposal does not change the use of the proposed development. 3. Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; and 30,)002 Page 2of5 Response: Approval of this proposal will not change the basic character or method of operation of the approved land use of the land which is single family residential in the AR -10 zone district. However, it may diminish the wildlife habitat on both the specific parcel and the Open Space parcels due to the difficulty of enforcing and ensuring kenneling conditions are met. d. Does not constitute a new land development activity; and Response: The proposal does not constitute a new development activity. 5. Does not increase off -site impacts in the surrounding neighborhood; and Response: There is greater potential for off -site impacts to the riparian and wetlands and wildlife use on the adjoining parcels due to the proximity of dogs. 6 Does not endanger the public health, safety or welfare; and Response: The proposal will not endanger the public health, safety or welfare. Does not violate any Land Use Code standard, and Response: The proposal does violate Land Use Code Standards listed in Sec. 7-20-70, and are addressed below. 8. Does not substantially increase the need for orn -site parking or utilities, or affect affordable housing and Response: The proposal does not affect parking, utilities or affordable housing generation. 9. Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent. Response: The proposal does not increase the floor area nor decrease the open space on the site. Wildlife Habitat Areas: Section 7 -20 -70 of the Land Use Code establishes land use standards for wildlife habitat to preserve, protect and expand the full range of biodiversity present in Pitkin County. Wildlife habitat shall be addressed broadly to include locations that are ecologically significant and where activities or structures would interfere with important wildlife functions and activities. For purposes of this Sec. 7- 20 -70, Constrained Areas shall include, but shall not be limited to, locations that include: any portion of a wetland; riparian habitat; critical wildlife habitat: — important waterfowl and wading bird habitat areas.... Pursuant to Section 1 -60 -280, Water Resources and Aquatic /Riparian /Wetland Areas, "It is the County's policy to preserve and protect its present water resources. ...Wetlands and riparian ecosystems, which are important to maintaining the overall balance of ecological systems; and are important, plant communities, wildlife habitat and movement corridors, should be conserved, protected and restored." (a) Wildlife Habitat Maps: Areas of designated wildlife habitat are shown on the Colorado Division of Wildlife (CDOW) Species Activity Maps (the Wildlife Map), which are maintained in the Community Development Department and hereby adopted by reference.... In all cases, mapping will be field verified by the Colorado Division of Wildlife or a wildlife expert approved by Pitkin County. The following regulations shall apply to all areas known to be wildlife habitat as a result of such field verification, regardless of whether those areas are mapped on the wildlife maps. Response: According to the GIS Wildlife maps, the parcel lies within a'' /a mile (1,320 feet) of both elk winter range and a wildlife migration corridor. According to Kevin Wright's comments and a 2004 report completed by Jonathan Lowsky for the AFBL, the corridor is not as active as it once was which is the primary focus for most of the County's wildlife habitat criteria and the basis of the Applicant's 30 1003 Page 3of5 proposal. It is however, according to Mr. Wright, "the main value of the property as well as the surrounding North Star Preserve and James H. Smith Open Space is its riparian and wetland values. It provides critical habit for a variety of wildlife species and is known by many for its breeding snipe and waterfowl. Mr. Lowsky states that "the interspersion of habitat types [in this area] results in a very high level of biological diversity and is very sensitive to human disturbance. ...The significant increase in the level of human activity [would lead] to greater impacts to the sensitive habitat on adjacent conservation lands. (b) Delineation of the Activity Envelope and the location and design of activities and structures within the Activity Envelope shall be based on consideration of the principles listed in subsections below. These principles shall be evaluated not only on a site specific basis, but should also be used to consider the location and role of the property in the context of larger habitat and wildlife patterns. Implementation of these principles may also include consideration of connectivity between other parcels and the cumulative effect of the proposed activity or development in light of other activity in the area affecting related habitat areas. (1) Maintain large, intact areas of native vegetation and habitat area by preventing fragmentation of those patches by development. (2) Maintain connections among wildlife habitats by ident/ving and protecting corridors for movement. (3) Contribute to the regional protection of rare species by protecting their habitat locally. (4) Minimize the combined and cumulative impacts of activities and development on wildlife species, wildlife habitat, wildlife movement, and unique landscape elements. Response: Development in the area is primarily located on the east side of Highway 82 with the exception of the Preserve subdivision to the North and the subject parcel, thereby creating a very physical boundary to buffer dogs on parcels (many which have kennel restrictions) versus those next to the wildlife habitat of the North Star Preserve and James. H. Smith Open Space. In the larger context of habitat and wildlife patterns, prohibiting dogs on a parcel adjacent to these open spaces helps maintain connectivity, and reduce the cumulative effect of the proposed activity & development in the area. (c) General Buffer Standards: 1) Important Waterfowl and Wading Bird Habitat Area: There shall be a minimum three hundred (300) foot buffer between any building or structure and important waterfowl and wading bird habitat areas. Within all important waterfowl and wading bird habitat, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision. Response: The applicant states that the parcel does not contain any riparian habitat, as it does not reach the banks of the Roaring Fork River. The Pitkin County Land Use Code defines riparian habitat as the "plant communities contiguous to and affected by surface and subsurface hydrologic features of perennial or intermittent lotic and lentic water bodies (rivers, streams, lakes or drainage ways). Riparian areas have one or both of the following characteristics a) distinctly different vegetative species than adjacent areas, and b) species similar to adjacent areas but exhibiting more vigorous or robust growth forms. Riparian areas are often transitional between wetland and upland. Jonathan Lowsky notes that the building envelope lies within the transition between riparian and upland habitat. (d) General Livestock and Domestic Animals: The following standards shall apply to all habitat areas unless a standard for livestock and domestic animals in relation to specific species is provided in the subsection (7- 20 -70.f for additional species related standards) below. �� ] Page 4of5 1) Predation: If the County determines that one or more wildlife species on or near the property are subject to predation by domestic animals, including dogs and cats, the County may impose additional standards to reduce or eliminate such predation. Response: According to Kevin Wright, "loose or uncontrolled dogs can have a significant impact on wildlife from direct and indirect mortality, displacement to less preferred habitat, increased stress and disturbance, and in the case of waterfowl and shorebirds, disruption of nesting as well as reduced nesting success. If dogs are not controlled, there would be significant offsite impacts." While many of the Land Use Code Sections indicated above, recommend that dogs be kenneled or leashed under human supervision when outside the required kennel, this specific parcel lies within an area with a context and role larger than itself. It is adjacent to a vast open space area, and as stated in Kevin Wright's letter dated August 5, 2010, "Dogs can have tremendous impacts on wildlife and habitat suitability. 1 cannot stress enough that dogs need to be properly controlled." Given the potential short and long term detrimental impacts to wildlife staff finds that there is no compelling reason to lift the existing restriction. RECOMMENDATION: Staff recommends that the Director deny the Stella Polare, LLC Minor Amendment to a Development Permit. ATTACHMENTS: I. Determination 2. CDOW Comments 7 -16 -10 3. OS & T Comments 7 -22 -10 4. City of Aspen OS & T Comments 7 -22 -10 5. Additional Proposal from Applicant with email clarification 8- 2- 10/8 -5 -10 6. CDOW Comments on additional proposal 8 -5 -10 7. Jonathan Lowsky Technical Report 4 -04 8. City of Aspen OS & T Comments 4-2-07 9. Applicant's response to attachment #8 3 -8 -06 10. 2006 Application for Minor Amendment with Condition of Approval List 5 -8 -06 11. 2007 Special Review to Utilize a TDR Application 6 -12 -06 12. Staff Memo to P & Z Commission 5 -18 -04 13. Elk and Mule Deer GIS Mapping 14. Dog Restriction Map A JUG5 Page 5of5 STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife.state.co.us July 16, 2010 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 RE: Stella Polare LLC Minor Amendment Dear Cari Anne: ,.t lUaUidO;GAaQ otoa z z - inr Alunoo uimp j For 1171dlife- For People The Stella Polare property, formerly Bob Lewis', does not lie within any mapped big game habitat areas. It does lie across Highway 82 from elk winter range and severe winter range. These areas are located up on the side of Smuggler Mountain. The property does lie just southeast of an elk migration corridor as elk cross the North Star Preserve. This corridor is not as active as it once was and is still utilized but to a lesser degree. The main value of the property as well as the surrounding North Star Preserve and James H. Smith Open Space is its riparian and wetland values. It provides critical habitat for a variety of wildlife species and is known by many for its breeding snipe and waterfowl. Loose or uncontrolled dogs can have a significant impact on wildlife from direct and indirect mortality, displacement to less preferred habitat, increased stress and disturbance, and in the case of waterfowl and shorebirds, disruption of nesting as well as reduced nesting success. If dogs are not controlled, there would be significant off site impacts, contrary to the statement on page 2 of the application. These impacts would be most significant on the open space properties where shorebird and waterfowl nesting would be impacted. There are surrounding properties with dogs. In fact the bear research team caught a loose and roaming dog in a black bear research trap this summer in the immediate vicinity of this property. If the dog prohibition is lifted on the property, it will be critical that the dog(s) is(are) properly controlled and not allowed to roam. Sincerely, Pe ill Ar a Wildlife Manager Cc: R. Velarde, K. Wright, file I DEPARTMENT OF NATURAL RESOURCES, Mike King, Executive Director u WILDLIFE COMMISSION, Tim Glenn, Chair. Robert Streeter, Vice Chair. Mark Smith, Secretary Members, David R. Brougham 9 Dennis Buechler. Dorothea Farris . Allan Jones • John Singletary 9 Dean Wingfield MEMORANDUM TO: Cari Anne Holcomb, Pitkin County Community Development FROM: Pitkin County Open Space and Trails RE: Stella Polare Minor Amendment to a Development Permit DATE: July 22, 2010 Thank you for the opportunity to comment on the request from Stella Polare for a minor amendment to their development permit, to allow for dogs on the property. As you know the property is located adjacent to the James H Smith North Star Open Space QHSOS), which is owned and managed by Pitkin County and the City of Aspen as a nature preserve, in conjunction with the North Star Nature Preserve (North Star). JHHOS and North Star possess significant wildlife resources. Although not mapped, JHSOS and North Star have provided elk calving grounds historically and are still being uses to a much lesser degree for elk production, according to the James H. Smith North Star Management Plan 2001. Wildlife monitoring since the drafting of the JHSOS Management Plan show a marked increase in sue of the property by elk including during calving season. Furthermore, JHSOS hosts a large and successful great blue heron property and on more than one occasion, the federally listed boreal toad has been identified on JHSOS or North Star. Protection of these wildlife resources ifs of great importance to the City and County, which collectively invested over $7 million in public funds in part to ensure it ongoing preservation. Because of these important wildlife values of these properties, dogs are prohibited from entering both JHSOS and North Star. These properties are designated "zero tolerance" zones, meaning that if our rangers encounter dogs on the preserve, they have no discretion for leniency and must ticket the dog owner. Dogs entering the nature preserve is an ongoing management issue for the property and because the impacts from dogs on the preserve cannot be tolerated. Permitting dogs on the Stella Polare property is problematic to the management of the nature preserve for two reasons. First and foremost, it introduces the possibility of dogs trespassing onto the property. Secondly, even if properly kenneled, their behavior on the other side of the fence cannot be regulated. The constant proximity of dogs to this important wildlife area, with the possibility of sustained barking, is certainly adverse to the goal of the City and County JHSOS and North Star as Wildlife habitat. For these reasons, OST recommend that this request to amend the development permit be denied. nA ICI 30 1(07 MEMORANDUM TO: Can Anne Holcomb, Pitkin County Community Development FROM: City of Aspen Open Space and Trails RE: Stella Polare Minor Amendment to a Development Permit DATE: July 22, 2010 Thank you for the opportunity to comment on the request from Stella Polare for a minor amendment to their development permit, to allow for dogs on the property. As a joint owner of the James H. Smith Open Space, the City OST supports and advocates the points and position expressed by Pitkin County Open Space and Trails. In addition to the points raised by Pitkin County Open Space and Trails, a properly leashed or contained dog has indirect effects on wildlife. The presence of a dog within the boundaries of the Stella Polare property will create a permanent wildlife disturbance zone that reaches into the JHSOS property (The effects of Dogs on Wildlife; Ben E. Lenth and Richard L. Knight). As noted in Pitkin County's memorandum, the effects of the current human and dog activity have had impacts to the open space parcel and we believe the proposed amendment would increase this impact. The City of Aspen OST Staff recommends that this request to amend the development permit be denied. 30 tuts Stella Polare LLC 44010 E. Hwy 82 Aspen, CO August 2, 2010 Perry Will Kevin Wright Colorado Division of Wildlife Dear Mr. Will & Mr. Wright Thank you for your comments on my request to lift the dog prohibition on the Stella Polare property, formerly Bob Lewis'. As you acknowledge in your letter the property does not lie within any mapped big game habitat areas. The property does not reach the banks of the Roaring fork River and as such does not contain any riparian lands. The property does contain wetlands that run to the Roaring Fork. I am in complete agreement with your comments about loose or uncontrolled dogs and would like the opportunity to create a dog management plan that makes sure any and all dogs on the property are properly managed. I believe a well- reasoned management plan will better serve the property and surrounding grounds than a dog prohibition, which may be ignored by future owners /occupants of the home. My management proposal is to limit the number of dogs on the property and require an operational and maintained electric fence. The electric dog fence should be limited in size to an area within the approved building envelope. This envelope is inside the property boundaries and also is away from the identified o ' - wetlands to the west of the property. I would also suggest a zero tolerance f policy where dogs running loose, uncontrolled or outside the identified "dog 00 : zone" would be subject to ticketing with no warnings. Please let me know what your comments are to my suggestions for this dog "management policy. Thank you for your quick attention to this request. Sincerely Doug Throm Manager, Stella Polare LLC Cc: Cari Anne Holcomb, Pitkin County Comunity Development 10 ;10 03 Cari Anne Holcomb From: Doug Throm [dthrom @sopris.netj Sent: Thursday, August 05, 2010 4:53 PM To: Carl Anne Holcomb Subject: Fw: Stella Polare dog plan Attachments: Stella Polare dog letter.doc Cari Anne Here is Kevin's response to my dog management plan. I would propose no more than 3 dogs and keep the zero tolerance policy in place I suggested in my plan to be sure the electric fence is working as intended. I believe you should proceed with staffs recommendations at this point. If there is anything else I can provide please let me know. I am still interested in the additional mapping you mentioned you would be doing as all the maps I have seen do not show this property abutting and critical wildlife habitat. Thanks Doug Throm - - - -- Original Message - - - -- From: Wright Kevin To: dthromCdsooris.net Cc: Carl Anne Holcomb Will. Perry Sent: Thursday, August 05, 2010 3.58 PM Subject: Stella Polare dog plan Doug, let me know if this is what you need. The decision is up to the county, not DOW Email secured by Check Point 0 !'`' 1 0 � STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297 -1192 wildlife. state. co. us August 5, 2010 Stella Polare, LLC 44010 Highway 82 Aspen, CO 81611 RE: Dog Management Plan Dear Mr. Throm: For Mildlrfe- For People I have looked over the dog management plan provided for this property. I have a couple of comments: 1. The electric /invisible fence must be installed and operational before dogs are brought on to the property. If the fence fails to control the dogs then an alternative needs to be identified. Either a physical kennel be constructed or go back to the dog prohibition. Dogs need to be controlled at all times. Just for your information, some dogs can and do defeat invisible fencing. 2. The plan mentioned limiting the number of dogs but did not specify that limitation The decision whether to allow dogs or not is not a decision the DOW makes or recommends. It is a county decision. Dogs can have tremendous impacts on wildlife and habitat suitability. I cannot stress enough that dogs need to be properly controlled. Sincerely, Kevin Wright District Wildlife Manager Aspen Cc: P. Will, C. Holcomb DEPARTMENT OF NATURAL RESOURCES, Mike King, Executive Director WILDLIFE COMMISSION, Tim Glenn, Chair • Robert Streeter, Vice Chair • Mark Smith, Secretary 4 1 Members, David R Brougham • Dennis Buechler • Dorothea Farris • Allan Jones • John Singletary • Dean Wingfield Ex Offido Members, Mike King and John Stulp PITKIN COUNTY WILDLIFE PROGRAM MEMORANDUM TO: Suzanne Wolff, Community Development FROM: Jonathan Lowsky, Wildlife Biologist SUBJECT: Aspen Field Biology Lab 1041 Hazard Review DATE: April 19, 2004 This property is virtually surrounded by protected conservation lands. The J.H. Smith North Star Open Space lies to the north and west and parcels protected by Aspen Valley Land Trust and the Aspen Center for Environmental Studies lie to the southwest. The habitat on and around the property consists of cottonwood -blue spruce riparian forest, willow carrs, sedge dominated emergent wetlands, and wet meadows. This interspersion of habitat types results in a very high level of biological diversity and is very sensitive to human disturbance. Ecological studies and inventories conducted at the North Star Nature Preserve (a' /o mile downstream) have found that these ecological communities support at least: 17 species of small mammals; at least 107 species of birds, more than 40 of which are known or likely to breed in the area; 13 medium to large mammals (e.g., elk, coyote, black bear, bobcat); 3 species of amphibian (including the boreal toad which is a U.S. Fish and Wildlife Service Endangered Species Act "Candidate" species); and one reptile. In addition, the property lies within a broad active elk migration corridor between Richmond Ridge and Smuggler Mountain. Black bears are very active in this area. The application proposes a building envelope in the transition between riparian and upland habitat consisting of aspen, red -osier dogwood, narrowleaf cottonwood, willows, riparian grasses (e.g., tufted hairgrass), non - native pasture grasses, and some sedges. The rezoning of this property could result in a significant increase in the level of human activity and, consequently, greater impacts to the sensitive habitat on adjacent conservation lands. Given the above, the following conditions should be applied minimize impacts to wildlife: 1. The applicant must comply with all of the General Standards as described in §3- 80.80(A) of the Land Use Code. 2. Dogs must be kenneled as per §3- 80.80(C)(2) of the Land Use Code. 3. The 2001 Wildlife Protection Ordinance (4 010 — 2001) requires installation and use of approved bear -proof trash containers or that trash is kept indoors until the day of pick -up. This property is adjacent to a very active black bear fall feeding area. Accordingly, bear - proof trash containers (rather than indoor storage) are highly recommended. 76 SERVICE CENTER ROAD • ASPEN, CO • 81611 PHONE: 970/920.5395 • FAX: 970/920 -5374 iJ F,, 12 All new fencing outside the building envelope must comply with Sections 3- 80.80(A)(10) and 3- 80.80(A)(11) of the Pitkin County Land Use Code. Existing fences must be brought into compliance with current fence standards: Wood fencing shall employ three 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. Fruit - bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in this area. 30 1;_A 6. An orange safety fence must be required around the building site to prevent any unnecessary vegetation disturbance during construction. 7. Native vegetation must be maintained outside the building envelope as per Section 3- 80.80(A)(3). 8. Any wetland impact greater than 0.08 acres require notification of the U.S. Army Corps of Engineers (USAGE) and application for a 404 Nationwide Permit. Verification of a USACE determination should be required prior to issuance of a building permit. 9. No riparian or wetland vegetation shall be damaged or removed as per Section 3- 80.80(G)(3) of the Pitkin County Land Use Code. 10. Tall, overly mature and standing dead trees should be retained whenever possible as nesting and roosting habitat as per Section 3- 80.80(A)(13) of the Pitkin County Land Use Code. 11. Surface and ground water flows intercepted by roads, utility trenches and other development improvements shall not be diverted away from an existing wetland. 12. Activities below the seasonal high ground water table, decreases in infiltration and diversions of surface and ground water flows with drainage ditches or fill shall be prohibited outside the building envelope. 13. Only plant species that are identified by the Pitkin County Revegetation Guide as being appropriate for wetland or riparian areas, or native species found to occur on site but not listed in the Pitkin County Revegetation Guide, may be introduced into or used for revegetation any wetland or riparian area. The planting or introduction of any other plant species should be prohibited. 14. A silt fence is required between any construction and all bodies of water during all phases of construction to avoid impacts to wetlands. Silt fences must meet the guidelines in the 2004 Pitkin County Assets Management Plan. 15. Any riparian or wetland areas disturbed during construction must be revegetated with wddhfe.doc o. 2 native riparian plants according to a revegetation and mitigation plan submitted by the applicant and approved by the Wildlife Program prior to issuance of a certificate of occupancy as per §3- 80.80(A)(4) of the Pitkin County Land Use Code. 16. Any areas permanently impacted by construction or construction related activities must be mitigated at a 1.5:1 ratio immediately adjacent to or as close as possible to the impacted area according to a revegetation and mitigation plan submitted by the applicant and approved by the Wildlife Management Department prior to issuance of a certificate of occupancy as per §3- 80.80(A)(4) of the Pitkin County Land Use Code. 17. Any revegetation and mitigation plan submitted must contain the following elements: A. The name of the project; B. The name, address and phone number of the person preparing the Revegetation Plan; C. The name, address and phone number of the person(s) responsible for executing the plan; D. If applicable, the availability of irrigation water and, if available, the amount of water, the name of the ditch company and the method of delivering water to the site; E. A brief narrative describing the planting and seeding methods; F. A description by common and scientific name of the species of plants to be used, seed ratios and source, and container size or caliper measurement of plants to be installed; G. A drawing of the site with the location of plants to be installed shown clearly. �,Q ids v u v Nvildhfe.doc D. 3 Page 1 of 1 Ezra Louthis From: Brian Flynn t Sent: Monday, April 02, 2007 12:14 PM To: Ezra Louthis Subject: Board comments on Stella Polare E z, Stephen asked that I send you these comments. At the regularly scheduled March 22, 2007 meeting the City of Aspen Open Space and Trails Board reviewed and discussed the proposed development project called Stella Polare LLC. Below are the Board's comments for staff inclusion in the development review. 1. The Board voted unanimously that the Stella Polare site not receive a TDR. 2. The color of the new structure should be earth tones, colors that will blend with the surrounding vegetation and soften the visual impact from the open space. 3. There were concerns for dogs accessing the open space and potentially harassing the wildlife and protected nesting sites. Any new development of the property should include a formal means for restraining dogs. 4. New landscape plantings (trees) were recommended in the north west corner of the structure adjacent to the open space. Brian Flynn Open Space and Special Projects Manager (P)970 -429 -2035 (F)970- 920 -5128 AF PARKS J0 • J 4/4/2007 11 ^ 1 4 March 8, 2007 Ezra Louthis Pitkin County Community Development 121 South Galena St. Aspen, CO 81611 Dear Ezra, Thank you for the opportunity to provide you, the Pitkin County Open Space and Trails Board and the City of Aspen Parks and Recreation Department additional information concerning our request to place one TDR on the Stella Polare property at 44010 East Highway 82. As we discussed on the phone I believe a site visit would also be helpful and am hopeful you will be able to arrange one with all the interested parties. I have included in this supplemental information a site plan showing the location, preliminary elevations and perspective views of the proposed residence. In reviewing the attached drawings you will notice a following of items: 1: The new residence sits almost entirely on the footprint of the existing building and previously approved expansion. 2: The proposed residence is almost entirely a one -story building. The portion of the proposed residence that is two stories is to the south, away from the North Star Nature Preserve and James H. Smith Open Space. 3: The proposed residence has low roof pitches (5/12 and 3/12) and large overhangs reducing the overall height of the building and concealing it within the existing vegetation. 4: The proposed residence preserves all of the existing large trees that effectively screen the building from the James H. Smith Open Space. Please note the only trees depicted on the drawings are the trees toward Aspen and the open space parcels. There are many more trees on the property that will become apparent with a site visit. SCANNED 000001 0� �Z 30 !016 The specific exterior materials of the home have not been finalized, however the intent is to make the home as unobtrusive as possible. The home will have a stone base using stone native to the area (i.e. not Texas limestone but a granite stone typical to western Colorado and the Aspen area). Above the stone base wide horizontal cedar siding in earth tone stain will run to the roof overhangs. The large roof overhangs diminish the reflection of light off the windows and decrease the light escaping at night. The window cladding will be a non - reflective dark bronze. The roof will be non - reflective, pre - patinaed copper shingles. The overall intent is to create a home that minimizes its visual impact through the use of appropriate architecture and indigenous materials. Also included in this packet are photographs taken from the new snowshoe trail that runs through the James H. Smith Open Space. Story poles have been placed on the Stella Polare site that represent the height and location of the proposed residence ridgelines on the North and West elevations. I have included two photographs. One is taken as seen by the naked eye, the second is taken with a full zoom. The story poles are all but invisible from the snowshoe trail now when there is no deciduous vegetation out. I believe it is fair to say the residence will be invisible from the James H. Smith Open Space trails during the summer months when the cottonwood and aspen trees are fully leafed out. My final comment would be that the East Aspen Caucus has endorsed this particular site and the Tagert Lake West NPA as an area appropriate to receive transferable development rights. Please let me know if I can provide you with any additional information. Thank you for your careful review of this proposal. Sincerely, Doug Throft Managing Partner Stella Polare LLC .. 600002 00JV11 7 t OE Stella Polare LLC 617 W. Main Street Aspen, CO May 8, 2006 Suzanne Wolf Pitkin County Community Development 121 South Galena St. Aspen, CO Dear Suzanne, The Aspen Field Biology Laboratory parcel, located at 44010 East Highway 82, contains approximately 2.3 acres east of Aspen. The parcel ID number is 2737 204 00014. The property currently has a 2,810 sq foot residence that has served as the founders residence and the offices and meeting rooms of the Aspen Field Biology Laboratory (AFBL). The property has current development approvals in place (BOCC Resolution # 101 -2004, attached) for the expansion of the existing residential component of the building and the addition of a caretaker dwelling unit on the property. The current approvals also contain many restrictions on AFBL's use of the property as an indoor research facility. These restrictions concern the number of inhabitants, parking for guests, limitations on the number of school groups and traffic generation by AFBL. Additionally the current approvals contain standard BOCC language concerning permitting, water and septic requirements, landscaping and wildfire and wildlife mitigation measures. The development approvals specific to AFBL's operation of an indoor research facility are no longer needed. We are requesting an administrative review of the existing approvals to make a Minor Amendment to a Development Permit pursuant to 3- 200 -080 of the Pitkin County Land Use Code to remove the conditions specific to AFBL's use. The conditions of approval that apply specifically to AFBL's use and we would like to have rescinded are item numbers #1; #2; #5 G; #16; #17; #18; #19; #20; and #21 of the BOCC resolution. The conditions of approval that should remain in place are item numbers #3; #4; #5 A -F; #6; #7; #8; #9; #10; #11; #12; #13; #14; #15; #22; and #23 as well as the recorded site plan. ju i; �y A 1 have attached a copy of the current land use approvals. I have highlighted the portions of the current approvals that are speck to AFBL's use and we are requesting be removed. Below I have specifically addressed the standards that must be met in order to make a Minor Amendment to a Development Permit (3- 200 -080). A. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodation uses. The change we are proposing continues the use of the property as a single - family residence. The current approvals note that the AFBL will "look and function in a similar manner as a single family residence ". B. The amendment must be consistent with the action taken during the review of the original development and does not constitute a new land development activity. The current approvals allow the continued use and expansion of the existing building and the addition of a caretaker dwelling unit. These are residential uses. The existing approvals also allow other non - residential uses. This application asks for the elimination of the non - residential uses and the continued residential uses within the approved building envelope. C. The Proposed development does not: 1. Change the basic character of the approved use of land on which the activity occurs including basic visual appearance and method of operation; The current use and approved use are residential in nature. This application request is consistent with the character of the approved residential use. The improvements will continue to be viewed as a single family home and will operate as such. Increase the off -site impacts in the surrounding neighborhood; This application will lessen the off -site impacts by reducing traffic generation associated with an indoor research facility. Endanger the public health, safety or welfare; The continued use as a single family home in an area of other single - family homes in no way endangers the public health, safety or welfare. 00 i10 1J Violate any Land Use Code standard; All conditions of development on the current BOCC resolution relating to a single - family home will be left in place on the amended resolution. 5. Substantially increase the need for on -site parking or utilities, or affect affordable housing generation; and A single family home will lessen the need for off - street parking, will not require any additional utilities, and will not generate the need for any new employees or employee housing. 6. Increase the floor than 2% or decrease by more than 3 %. area of the use by more the open space on the site This application does not ask for any increase in the existing allowable floor area or change the building envelope. The current approved and recorded 1041 Hazard Review Map /Site Plat identifies a 100 foot wide access envelope parallel to Highway 82 on the East boundary of the property. We would like to amend the site plan to designate this area as a "development envelope" allowing activities specifically designated in the BOCC resolution condition #10 (relating to grading, excavation, utilities, driveways, septic systems, etc). This request is not a change of use of the currently designated access envelope, but rather a clarification of the permitted uses within the access envelope. If any additional information concerning this request is required please contact me at 379 -3989. Sincerely 1 51,E a 1 . u President, oug Throm Construction, Inc Manager, §"la Polare LLC .� t C o Kj j i 6,.s e i '�r° �a l d--, •��'I , '.I 17F71 /:. �- / . /�'.I���t. �''., /. it •i 1 1 1 1 & I I a Fl I Il Romhothemphqq Ti Aspen Field Biology Laboratory and Robert Lawn ("APPS have applied to do Board of Cowry CAmmlralama of le County. Colorado (WCCn far opened review approval lbr an "mdoar ncsar . facility." The Aspen Field Biology Laboratory C AFBL') provides boOkies and fin amend support for resesrrI is the biological science,. The primary Goal of AFBL. is "to provide a working erviramnan . for selected Wasteas who, thra so &* held naeane will contrxI - to fading scientific solutions to Wines of ooncem in asters ecology, pled ecolog, migratory decor bards. farad eoolM, water resowces and noxious weeds." The Applimat is requesting the following Lad use appravala: A. Special Review for an indoor monarch facility B. GMQS Exemption for an cum" community facility C. 1041 Heard Review and Caseaplad Submission to establish a building a velops. D. Special Review for a Caretaker Dwelling Unit 2. The property is located at 44010 Ease Rjow ay 22, sodb of the Monk Star Preserve and Jsmes H. Smith Open Space, and is man specifically doses bed in ExhM A. 3. The property a 2.210 square foot residence t1un was camnaxcd in 1962. The residence c d 31 , and tit office and meeting room for AFBL. AFBL has been in existence on the property since 1962, and has been the hadqurters for the Brail Trail. Wildwood School, Eweimumental Research Cworp� Imdepmdenoe Pam Foundation and a biology film atodim 4. The Pitidm Cowry Plrmieg and Zeeieg C Mmissiou considered the I I application at regularly scheduled medmp on May 4 and 12.2004, and neconmmamdad approval by a vote of 3 -0. 5. The BOCC considered die prapoaed application at a duly noticed public hearing on June 23, 2004. 6. The BOCC Rode tlrl tine appiiceim la ommft t wkb the appli "provision ofthe Rio Comfy LAW Use Code ("Cotla"1. including Seaton 9- 110 -OS3, standards for a GMQS exemption for as esaaawi community flicilityr and that the p 'I A development avoids 1041 heaad tae OR la loraked such dim herds can be mitigated. 7. The BOCC further fiat tit the proposed ace complies wish the special review crMaia m Section 3- 210 of the Code and is compatible with the chanter of the so munding rm since the AFBL facilities will look and flrne9xm in a similar summer as a single family maiden=s, and that the impacts will be epml to or ids than theme generated by ■ single family residence. NOW. THER"ORL, BE 1T RZSOLVED by die BOCC the it hereby [!ffto Robert Lewis for the Aspen Field Biolog Laboratory, MIl1 is - -mea rm with the Ind and be binding on all =come= in * , mot. L Approval is granted for operation of the Aspen Field Biology Laboabry as follows: IMMON a WZI save asrtt nKlltla osmmv a a 41.4111 m *.an JO 1lu 11. I Resolydion No.OI -2004 Page 2 1k. ' A nuximu t of 3 visaing resesrchas shall be allowed te stay on-sitls each year from May I to November 1. v8. AFBL shall maimatu a vehick(s) on for use by the visiting resesrehes. V isiting reaarchers shell be prohibited from bringing their personal vehicles to the site. . Three o" to parking spaces, plus one additional space for the caretaker unit, shall be provided. Additional parking shall be considered or an altenute plan provided if I xmined necessary i during the annual review. Parking shall be prohibited within the highway riedof -way. i1. AFBL shall be limit to a maximum of 2 employees, exclusive of visiting rescwchars. d f! Seminam locttxes, chinas, and similar activiliea shall be prohibited. No more then 4 local sdaol groups may visit the site each year with no more than 25 students per visit ell.t The facilities may be used year -round as the resideow of the AFBL Director and as the administrative censer of the AFBL. Only one kitchen is permitted within the facilities; an additional kitchen is permitted in the CPU. 3. Prior to submission of any eethmoving, access, or building permit applications for new dwdopmem, the Applicant shall submit the 1014 hand review site plan to the Commmmity Developntem Department for approval and recording. The mylar copy of the site plm mod be signed by the owners prior to submitul for recording, 4. Prior to submission of a septic permit, the Applicant shell provide documentation to the F.nvkoanental Haft Department of an adequate quality and quantity of water for the expanded use from the existing well. Prior to the issuance of any building permits, the Applicant shall: O A. Obtain approval of a septic permit from the Environments] Health Departmam to expand the existing system. Tlue system must be designers by a registered professional onghter and "I be located within the approved building envelope. B. Obtain tirepha/woodstm permits from the Community Development Department if necessary. C. Pay the applicable mad %mpact fee. D. Submit a comprehensive doinap and erosion control plan for the property for review and approval by the County Engineer. The plan shell demonstrate diet the additional developmrrt will not knew off -site dmhwp impacts. E. Obtain a driveway/access permit from the Ceurny Engine for improvements to the driveway. F. Submit a landscaping plan for review and approval by Community Development stiff. Submit dead restrictions to the Homing Officio and Canty Attorney for review and recordation. Tire deed natr* - ono shall cusee flu the three additional bedroom will be oaapied only by visiting neseetdun from May I to November 1, and will not be rearled to or occupied by anyone not associated with AFBL or outside or do specified dmdh me. 6. Prior to commencement of any earl moving or construction activity, die Applicant shall make the corners of the building envelope and instal couaesuctim Swing around the perimeter of the building envelope. The fencing doll remain in plane arms a Certificate of Ooeapancy is' far the residence. 7. The Applicant shall ensure that the driveway, pairing spaces and fire access are accessible to vehicles in the winter. 111111110M nnuj� wtsraw »:a server own W1 Now on a *.an 0 0.90 �] JU JL222 OM Resolution No )RL -2014 Page 3 8. All signs and lighting shall comply with applicable regulations in the land Use Code. 9. The Applicant shall comply with the County's Wood Management Plan. 10. No development, including grading, excavation, fill placement, beaming, landscaping, vegetation removal or disturbance, utility or driveway extension, or septic system shall occur outside of the approved building envelope. 11. All areas disturbed by construction shall be revegetsted with native shrubs and grasses to limit water consumption and additional mnoff within one growing season of the project's completion. 12. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Fora distance of 10-15' around all structures, maintain vegetation at a height of 6" or leas with mowed grass, low growing perenniais or bwdwvm Woody vegetation shall not be pla within this perimeter. B. Vegetation shall be reduced to break up the vertical and horiaontal continuity of Ilse fuels a. distance of 100 fed on the downhill side and 75 fed uphill and to the sides of all structures. C. Spacing between clumps of brush and vegetation within the perimeter specified above shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. D. All brandies from trees and brush within the perimeter shall be pruned to a height of 10 fed above the ground and ladder fuels from around bets and brush shall be removed. E. Tree crown separation within the perimeter shall have a minimum of 10 fed between the edges of the crowns. F. All branches that extend over the roof eaves shall be trimmed and all branches within 15 fed of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of all Wtnctures shall be reduced. H. All deadfall within the 100 foot perimeter shall be reproved. 1. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 13. The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall be ducted with a Class A roof covering or a Class A assembly as defined in the UBC 1997 Section 1504. Wood shieWshingk roof coverings am prohibited. Roofs with less than a 3:12 pitch am net permitted unless they comply with the following: I ) All roof coverings shall be noncombustible materials as defined in the Uniform Building Code (UBC) M Section 1504 and installed on a Class A mofassombly. 2) All roof coverings shall have a surface that shall facilitate the aWK21 process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by UBC 1997 Chapter t 5 and shall have a minimum slope of 1:48. 5) All roof designA coverings, or equivalent assemblies shrill be specifically approved by the Fire Marshal prior to submittal of a building permit application. B. Veins shall be scorned with corrosive resistant wire mesh with mesh Y. inch maximran. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and nammable debris. S00a� Vasa : 3 3 of N,t„ .. 1 0:22 urr artVla eMIf allrla CaV W a R a.N m .N 30 !, Resolution No, 101 -2004 Page 4 E. All flammable materials and firewood/wood piles shall be rioted on a parallel contour a minimum of 15 feet away from any structure. F. Swimming pools or ponds shall be accessible to Fire Department vehicles. G. Fences shall be kept clear of brush and debris. H. Wood fences shall not connect to the structum 1. Fuel tanks shall be installed underground with an approved conlrner. J. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from die structure with standard defensible space vegetation mitigation amend airy above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire - resistive construction on the exterior side of the walls. K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. L. Addresses shall be clearly marked with 2 inch non- comMrstible letters and shall be visible and installed on a non-combustible post M. New utility lines shall be placed underground within the driveway /access. 14. The Applicant shall comply with the following to mitigate impacts on wildlife: A. Dogs shall be prohibited. B. No riparian or wetlerd vegetation shall be damaged or removed. Any wetlands or riparian vegetation removed, filled, or otherwise damaged without prior approval must be mitigated at a rata of 1.5:1 according to a professional mitigation plan submitted to and approved by the County. C. Silt fences shall be installed according to the County standard between any construction and any body of permanent or ephemeral water body during all phases of construction (See Pitkin County Asset Management Plan for Silt fence standard). D. Wood fencing shall employ three rails or leas, be the round or split rail type, WWI 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 then 3 strands of smooth wire and shall not exceed 42 inches in height All non-conforming fencing on the property shall be brought into compliance within one year from the date of this approval. E. Native vegetation shall be maintained outside the building envelope. F. Install and use approved bear -proof trash containers as requited by the 2001 Wildlife Protection Ordinance. Verification of this condition is required before issuance of a certificate of occupancy for the first now structure on the property. G. Fruit - bearing veer and shrubs should be avoided in any landscaping due to the high level of black bear activity in this area. H. Any areas disturbed outside the building envelope shall be revegeratted with native plants according to a revegetation plan submitted by the applicant and approved by the County prior to issuance of a certificate of occupancy. Only plant species drat are identified by the Pitkin County Revegetation Guide as being appropriate for wetland or riparian areas, or native species found to occur on site but not listed in the Pitkin County Rwegetation Guide, may be introduced into or used for revegetation of any wetland or riparian arcs. The planting or introduction of any other plant species is prohibited. 1. Tall, overly mature and standing dead trees should be retained whenever possible as nesting and roosting habitat as per Section 3.80.80(A)(13) of the Pitkin County land Use Code. J. Surface and ground water flows intercepted by roads, utility trenches and other development improvements shall not be diverted away from an existing wetland. K. Activities below the seasonal high ground water table, decreases in infiltration and diversions of surface and ground water flows with drainage ditches or fill shall be prohibited outside the building envelope. 1111"1,11,1 �t 10!21 SILVIA putts .IrKIN epatrr 00 It 0." e a." y 10 1';'4 Resolution Nn. /u/ -2004 Page S 15. To mitigate for potential debris flow from Warren Creek, the Applicant shall construct walls or terms along the southern boundary of the property, pursuant to a plan prepared by a registered professional engineer or geologist. In addition, windows and doom shall be located at ked 3 feet above grade on the sides of the buildings 4soent to the drainage. Ili. Aire caretaker dwelling unit shall be limited to 700 net livable square feet and the kitchen shall contain a minimum of s two burner stove with oven, standard sink, and a 6 cubic foot tefrigera ct plus free=. One off -street parking space shall be provided for the unit. IV Prier to submission of any building permits for the caretaker unit, the Applkw shall obtain and the Housing Office shall record a araVker dwelling unit deed toaerietion. Actual floor ple w of the unit shall be submitted to the Housing Office with the dad restriction. ML Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office shall inspect the unit. Isi.' This permit for an indoor research facility slab expire five years from the data of Wauance of the Certificate of Occupancy for the three additional bedrooms. The Applicant shall submit an application to extend the permit at least 6 mouths prior to the expiration of the permit, which application shall be reviewed by the BOCC at a public leaning. The application to extend the permit shall address in detail the special review standards in the land Use Code at that time in addition to the annual report requirements specified below. 44W the Applicant shall submit an annual report to the Community Development Director at keg 45 days prior to the anniversary of the BOCC's approval, which documents uses, activities and site development that have occurred. The Community Development Director shall refer the an aal report to the Fast Aspen Caucus for review and comment. The report shall include, but not be limited to the following: +.dual traffic generation. 'Number of employees. Number of visiting researdera and length of say. Conformance with cotditions of approval. parking. .' Number of school BWP visits and number of studs is with each group. Al. V iolixtion of the turns of this special review permit may be grounds for revocation of die permit. The Community Development Director shall determine if an alleged violation warrants consideration by the BOCC, in which case the BOCC shall consider and act on permit widdrawal after a public hearing, notice of which shall be mailed to the Applicant and published in a newspaper of general circulation in the County no leas than 30 days prior to the hearing. 22. The Applicant shall adhere to all material represent fim made in the application or in public meetinfla or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 23. Statutory vested rights for the approvals contained herein arc granted puntuant to the Pitkin County Land Use Code and Colorado Statutes, subject to'dw exceptions act forth in Pitkirt County Land Use Code. § 4 -140 and C.R.S., § 24-68 -105. The statutory vested rights granted herein shall expire on June 23.2007. 16/17/2264 10:22 SILVIa DAVIS PITKIa COaNIV W IN 6.90 D 6.4111 .G JD 1L25 F .- Resolnrlon No.AgL-700,1 Page 6 NOTICE OF PUBLIC HEARING PUBLLS W IN THE ASPEN TMM {II/E J Y on the 2e day of May. 2004. APPROVED AND ADOP[ED on the 23' day of June, 2004. PUBLISH AFTER ADOLF] ON FOR MWED REAL PROPERTY RIGIM in the Avon Times We eMy on dwjffday of \TMy , 2004. O A F WN e APPR OVFD AS TO • II �11ee2 Ciboymouben Community Development Dhector P033-04 PID #273720400014 BOARD OF COUNTY COMMISSIONERS, PrPklN COUNTY, COLORADO B yC ln�a e !��� 4 c Rn APPROVED AS TO FORM: John Ely Coualy Mooney �rrr�rrrMr�� �,�4111M •ILVIO VMS PIM" e•l•erV eA to." 00.00 6 j0 rL'�6 l 1 T 0 O - t I fir;% .P J 1 Stella Polare LLC 617 W. Main Street Aspen, CO June 12, 2006 Suzanne Wolf Pitkin County Community Development 121 South Galena St. Aspen, CO 81611 Dear Suzanne, Please find attached an application for a Special Review for TDR per our pre - application conference on April 21 ' 2006. General Description of Request The subject parcel is located approximately 2 miles east of Aspen on the south side of Highway 82. The parcel ID # is 2737 - 204 -00 -014. The subject parcel has current land use approvals in place under the name of the "Aspen Field Biology Laboratory" ( Pitkin County Resolution # 101 - 2004). These approvals include a 1041 Hazard Review Site Plan with identified building and access envelopes. Stella Polare LLC, hereinafter the applicant, has an application in process to administratively modify the current approvals (CASE P130 -06) through a Minor Amendment to a Development Permit. The items to be amended concern the restrictive uses placed on the subject parcel relating to its use as an indoor research facility and seasonal housing for visiting — researchers. No modification to the existing site plan or building restrictions is being sought. This Minor Amendment will be complete long before the Special Review for a TDR is held. The Applicant is requesting approval of the subject parcel as a receiver site for a Transferable Development Right (TDR) in order to qualify for an exemption from GMQS to increase the allowable floor area from 5,750 square feet to 8,250 square feet. The applicant has placed a deed restriction on the property to restrict the development to no more than 8,250 square feet. The applicant has also committed to the Estate of the late Robert Lewis that the home built on the subject property will be a "Certified LEED's" home. J0 1027 Pitkin County Land Use Code Sections Section 3 -210 Special Review for TDR Receiver Site The Pitkin County Land Use Code section 3 -210 allows for special review before a Hearing Officer and a public hearing based on a finding of compliance with the standards and criteria in Subsection 3- 210-020. The General Standards and Criteria are as follows: A. The special review use shall consider the applicable County Master Plan. B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Article 2. C. The special review use shall be consistent with the intent of the Zone District in which it is proposed to be located. D. The character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Applicant's response: The proposed special review use (additional square footage for a single family residence) does not conflict with the provisions of applicable County Master Plans (East of Aspen) or the Land Use Policies of Article 2. The proposed new single - family residence complies with the intent of the AFR -10 Zone District and is of comparable size to the other homes in the immediate vicinity. The current land use (single family residence) and the surrounding land uses are single family residential uses, therefore, the addition of 2,500 square feet of residential living space will not significantly alter or affect the character of the immediate vicinity or surrounding land uses. E. The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse affects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise vibrations and odor on surrounding properties. 30 lc"A Applicant's response: The location, size, design and operating characteristics of the proposed new residence will be such as to minimize adverse affects on the environment and surrounding properties. In addition, the home will be a certified LEEDS home. Provisions will be made for adequate pedestrian and vehicular circulation, parking and service delivery through accepted site planning techniques. Unacceptable noise, vibrations, and odors are not anticipated as a result of the proposed new residential development. F. There must be adequate public facilities and services to serve the special review use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Applicant's response: The proposed new residence will replace an existing residence and will be accessed via an existing driveway from State Highway 82. The existing residence has a well, which will be relocated on the property (current well located under the existing house). The existing individual sewage disposal system will be replaced with an engineered ISDS placed on the site to minimize its impact on the neighboring wetlands. All other public facilities and services are readily available to the subject property due its proximate location to the City of Aspen. G. An application for special review use must demonstrate to the Board of County Commissioners that the proposed development will not: 1. Materially endanger the public health, safety or welfare: and 2. Substantially injure the value of adjoining or abutting property Applicant's response: The proposed new residence will not endanger the public health, safety or welfare, nor will it injure the value of the adjoining or abutting properties. 3 -31030 3- 310-30 Standards and Criteria for the Transfer of Development Rights from a Rural /Remote Preservation Site to a Receiver Site Located Outside of the Rural /Remote Zone District A. Transfer of Development Rights Requires Approval by Special Review J0 1C v3 I B. TDRs May be Severed from Preservation Sites for Use Outside the Rural/Remote Zone District for Additional Floor Area. Upon compliance with all of the provisions of this section, TDRs may be used on receiver sites for: Additional Floor Area up to or in excess of fifteen thousand (15,000) square feet: Based on the standards and criteria of this section, TDRs may be severed from preservation sites and transferred to receiver sites located outside of the Rural /Remote Zone District to obtain additional floor area for residential development, except where there is an underlying floor area ratio that limits the allowed square footage and/or a development approval that limits the square footage allowed and does not provide for the use of TDRs; Applicant's Response: Request is for single TDR to increase the total allowable residential square footage of the single - family home to 8,250 square feet. There is no underlying floor area ratio or development approval that limits the square footage allowed. 2. New Development Rights. NOT APPLICABLE C. Standards and Criteria for the Use of TDRs for Additional Floor Area on Receiver Sites Outside of the Rural /Remote Zone District: TDRs may be used to avoid growth management competition and obtain additional floor area up to fifteen thousand (15,000) square feet as follows: a. One TDR = 2,500 square feet of floor area. Subject to all necessary procedures and approvals, one TDR shall be associated with a total of two thousand five hundred (2,500) square feet of floor area for additional floor area up to fifteen thousand (15,000) square feel of floor area. b. Total Floor Area Reserved. A portion of the two thousand five hundred (2,500) square feet of floor area associated with one TDR may be reserved for future development on the same site exempt from growth management. C. Transferable development rights from any preservation site in unincorporated Pitkin County may be used on any receiver site in unincorporated Pitkin County for additional floor area up to fifteen thousand (15,000) square feel of floor area. 3 6 ! " ;0 I - 2. TDRs may be used to obtain additional floor area in excess of fifteen thousand (15,000) square feet of floor area: NOT APPLICABLE. 3. Additional floor area shall not be available to any receiver site where: a. The underlying zone district contains a floor area ratio restriction that would not permit the square footage of floor area sought; and/or b. A prior development approval limited the square footage allowed, and there was no provision for the use of TDRs to exceed the allowed square footage. Applicant's Response: There is no underlying floor area ratio or development approval that limits the square footage allowed on this site. D. F. Standards and Criteria for the Use of TDRs for New Development Rights: NOT APPLICABLE 9- 110-42 9 -110 -42 Incentive for Development Utilizing Transferable Development Rights ( "TDRs ") The transfer of development rights (TDRs) from preservation sites located in the Rural /Remote Zone District may provide an exemption from Growth Management subject to compliance with section 3 -310. The review process shall be as follows: A. New Lots. NOT APPLICABLE B. Additional Floor Area for County Approved Subdivisions. NOT APPLICABLE C. Additional Floor Area for Pre -1978 Parcels. Additional floor area up to fifteen thousand (15,000) square feet for existing structures on pre -1978 parcels may be exempted from Growth Management through the utilization of TDRs as provided in Section 3-310, subject to a one -step special review process. The one -step special review shall be conducted by the Hearing Officer, or, if additional land use approvals are required, the lowest reviewing body conducting the other review. D. Additional Floor Area in Excess of 15,000 Square Feet. NOT APPLICABLE E. Additional Floor Area for Properties with Development Rights Approved Through Growth Management. Additional floor area up to fifteen thousand (15,000) square feel for properties with development rights that have been awarded base square footage allotment through the County's growth management scoring and competition procedures may be exempt from Growth Management through the utilization of TDRs as provided in J0 .: Jl Section 3 -310, subject to a one -step special review process and limited to the maximum square footage speed in growth management competition. One -step special review shall be conducted by the Hearing Officer, or, if additional land use approvals are required, the lowest reviewing body conducting the other review. If any additional information concerning this request is required please contact me at 379 -3989. �Z ')G ;x,`32 Doug Throng President, Doug Throm Construction, Inc Manager, Stella Polare LLC MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Suzanne Wolff, Senior Planner *C W RE: Aspen Field Biology Laboratory Code Amendment, Special Review, GMQS Exemption, 1041 Hazard Review and Conceptual Submission DATE: May 18, 2004 SUMMARY: The Applicant currently operates the Aspen Field Biology Laboratory (AFBL) on the property. AFBL is a non -profit organization providing facilities and financial support for research in the biological sciences. The primary goal of AFBL is "to provide a working environment for selected scientists who, through their field research, will contribute to finding scientific solutions to issues of concern in stream ecology, plant ecology, migratory deer herds, forest ecology, water resources and noxious weeds." The Applicant proposes to add approximately 2,570 square feet to the property in order to accommodate additional facilities for visiting professors, including 3 additional bedrooms and meeting and research facilities. The Applicant states that the visiting professors will only utilize the facilities on a seasonal basis. The current use of the property by AFBL is a legal, non - conforming use, since it precedes the current AFR -10 zoning, which prohibits research facilities. The Applicant is requesting the following land use approvals: • Special Review for an indoor research facility • Code Amendment to add "research facilities, indoor" as a special review use in the AFR -10 zone district • GMQS Exemption for an essential community facility • 1041 Hazard Review and Conceptual Submission to establish a building envelope • Caretaker Dwelling Unit The Planning Commission recommended "conceptual" approval of the application on May 4, 2004, based primarily on a finding that the AFBL facilities will look and function in a similar manner as a single family residence, and that the impacts will be equal to or less than those generated by a single family residence. The Commission asked staff to bring back revised conditions, which are provided herein. The Applicant agreed to provide additional information on the existing use, to clarify the proposed year -round and seasonal uses and to provide a revised site plan and conceptual drawings of the proposed facilities. A letter from Glenn Horn addressing these issues and a revised site plan are attached. APPLICANT: Aspen Field Biology Laboratory OWNER: Bob Lewis REPRESENTATIVE: Glenn Horn LOCATION: 44010 East Highway 82; south of the James H. Smith Open Space, which is adjacent to the North Star Preserve j r;;33 RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the Aspen Field Biology Laboratory Special Review, Code Amendment, GMQS Exemption, 1041 Hazard Review and Conceptual Submission, subject to the following conditions: 1-.t' I tt -ii-W 44 4+e- applie — � -RO( t A ,,ts er x ,. 4a 4ti . :l' -ecaii 4c 4 t are+ tat+ �� t + + +g plat � } ar g etr. } to establi>l+ -a 4h •tee +— rt= r -�..e� �•e e �pa+riie++ B- S}tevi the_+ti +ttk "" yee mot+ „ gener a ted b the =.44-kwide -an ++ate r . m itaf# +c ,n b, f e , mi d a spe6 k p l. , t nl itigate arty - tra#t+e-in erea yes: D: pee #a tle a++a13e - N #- }3+rk + paces -t+ h � a a dLpiet fliese - ;pales- c> n-tlte- s+t e-fi+ .. is -+pet i{ t-- waaaN +,e<.= a+>ti�- tt+c��ti4k+ec ++r- year •- rt�rn+d- a+td- ,e:+sca+ +ally: 1 -._ Appro\al is Granted lbr op eration of the A spe n hield Biolos;v Laboratory as fnl lo�%s_ A . A maxim of ± \ isilinr res earchers shall b a I lowed to star o -s ite each year frcan M av I to No\cnttmr 1. 1 3. A1 sha maiwain g hiclr(> oi i-sil fo use b} the visiti researchers. Vi sit in researchers ,hall lie pr ohibited f br inging , their pe vehicles to the site. C '. I hree on -, parl.ins sp aces shall he p roN i ded. Parking, sh be prohibited within the highway riebl -a - R 1}, D. - AFF3L sha h e limited to a maximum of 2 enmlovees. I:. Semi lectures cl asses. school grO ups. and simi activities sha lie Prohibited. - �..- 2.'I'he fa may he - used vear -r as the residence of the AFB Director and as - the admini cent o f the AFBI. O nh one kitch is permitted Ne the faciliti a n additional kitch is perm in the 4-3. Prior to submission of any earthmoving, access, or building permit applications for new development, the Applicant shall submit the 1014 hazard review site plan to the Community Development Department for approval and recording. The mylar copy of the site plan must be signed by the owners prior to submittal for recording. 54. Prior to submission of a septic permit, the Applicant shall provide documentation to the Environmental Health Department of an adequate quality and quantity of water for the expanded use from the existing well. 4-. .. Prior to the issuance of any building permits, the Applicant shall: A. Obtain approval of a septic permit from the Environmental Health Department to expand the existing system. The system must be designed by a registered professional engineer and shall be located within the approved building envelope. B. Obtain fireplace /woodstove permits from the Community Development Department, if necessary. C. Pay the applicable road impact fee. D. Submit a comprehensive drainage and erosion control plan for the property for review and approval by the County Engineer. E. Obtain a driveway /access permit from the County Engineer for improvements to the driveway. F. Work with the Environmental Health Department to create a PMIO mitigation plan. U G. Submit a landscaping plan for review and approval by Community Development staff. Ii." b-. rdJ .i... mete,.s to the 1 1, «. t 114ioea d!' r,. Att,,... O. «f and .eco� a ti... Hie deett e!AFIQ6011S!;hall ensure that the bedrooms Will On'; be occupied by etnple�ees of N! BL, or Nit iting professors. and will not ­&-F.e+ited4(�01- occup! d bN an" one not assog w-qh -A F 1 4 , 1.6. 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 place until a Certificate of Occupancy is issued for the residence. 5-7. All signs and lighting shall comply with applicable regulations in the Land Use Code. 9-8. The Applicant shall comply with the Countv's Weed Management Plan. 44.9. No development, including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, utility or driveway extension, or septic system shall occur outside of the approved building envelope. H-.1 _ All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion. 11. , The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. For a distance of 10 -15' around all structures, maintain vegetation at a height of 6° or less with mowed grass, low growing perennials or hardscape. Woody vegetation shall not be planted within this perimeter. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a. distance of 100 feet on the downhill side and 75 feet uphill and to the sides of all structures. C. Spacing between clumps of brush and vegetation within the perimeter specified above shall be a mininuun of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. D. All branches from trees and brush within the perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. E. Tree crown separation within the perimeter shall have a minimum of 10 feet between the edges of the crowns. F. Ail branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of all structures shall be reduced. H. All deadfall within the 100 foot perimeter shall be removed. I. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 4-3-1? The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the UBC 1997 Section 1504. Wood shake /shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be noncombustible materials as defined in the Uniform Building Code �� X35 ( UBC) 1997 Section 1504 and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. B. Vents shall be screened with corrosive resistant wire mesh with mesh ''A inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials and firewood /wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Swimming pools or ponds shall be accessible to Fire Department vehicles. G. Fences shall be kept clear of brush and debris. H. Wood fences shall not connect to the structure. I. Fuel tanks shall be installed underground with an approved container. J. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above - ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire - resistive construction on the exterior side of the walls. K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. L. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non- combustible post. M. New utility lines shall be placed underground within the driveway /access. v 44.13. The Applicant shall comply with the following to mitigate impacts on wildlife: 4" A. Dogs shall be kenne-led prohihited. B. No riparian or wetland vegetation shall be damaged or removed. Any wetlands or riparian vegetation removed, filled, or otherwise damaged without prior approval must be mitigated at a ratio of I.S:I according to a professional mitigation plan submitted to and approved by the County. C. Silt fences shall be installed according to the County standard between any construction and any body of permanent or ephemeral water body during all phases of construction (See Pitkin County Asset Management Plan for silt fence standard). D. Wood fencing shall employ three 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. All non - conforming fencing on the property shall be brought into compliance within one year from the date of this approval. E. Native vegetation shall be maintained outside the building envelope. F. Install and use approved bear -proof trash containers as required by the 2001 Wildlife Protection Ordinance. Verification of this condition is required before issuance of a certificate of occupancy for the first new structure on the property. G. Fruit- bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in this area. H. Any areas disturbed outside the building envelope shall be revegetated with native plants 30 ' ?6 according to a revegetation plan submitted by the applicant and approved by the County prior to issuance of a certificate of occupancy. Only plant species that are identified by the Pitkin County Revegetation Guide as being appropriate for wetland or riparian areas, or native species found to occur on site but not listed in the Pitkin County Revegetation Guide, may be introduced into or used for revegetation of any wetland or riparian area. The planting or introduction of any other plant species is prohibited. 1. Tall, overly mature and standing dead trees should be retained whenever possible as nesting and roosting habitat as per Section 3- 80.80(A)(13) of the Pitkin County Land Use Code. I. Surface and ground water flows intercepted by roads, utility trenches and other development improvements shall not be diverted away from an existing wetland. K. Activities below the seasonal high ground water table, decreases in infiltration and diversions of surface and ground water flows with drainage ditches or fill shall be prohibited outside the building envelope. To mitigate for potential debris flow from Warren Creek, the Applicant shall construct walls or berms along the southern boundary of the property, pursuant to a plan prepared by a registered professional engineer or geologist. In addition, windows and doors shall be located at least 3 feet above grade on the sides of the buildings adjacent to the drainage. 40i. i. The caretaker dwelling unit shall be limited to 700 net livable square feet and the kitchen shall contain a minimum of a two burner stove with oven, standard sink, and a 6 cubic foot refrigerator plus freezer. One off - street parking space shall be provided for the unit. 1- 7 -.16. Prior to submission of any building permits for the caretaker unit, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. I- _8 -,17. _Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office shall inspect the unit. 1- 4.18. This permit for an indoor research facility shall expire on , 2009. The Applicant shall submit an application to extend the permit at least 6 months prior to the expiration of the permit, which application shall be reviewed by the BOCC at a public hearing. The application to extend the permit shall address in detail the special review standards in the Land Use Code at that time in addition to the annual report requirements specified below. 2071Q The Applicant shall submit an annual report to the Community Development Director at least 45 days prior to the anniversary of the BOCC's approval, which documents uses, activities and site development that have occurred. The Community Development Director shall refer the annual report to the East Aspen Caucus for review and comment. The report shall include, but not be limited to the following: A. Actual traffic generation. B. Number of employees. C. Number of visiting researchers and length of stay. D. Conformance with conditions of approval. `'- } -. 2(1. Violation of the terms of this special review permit maybe grounds for revocation of the permit. The Community Development Director shall determine if an alleged violation warrants consideration by the BOCC, in which case the BOCC shall consider and act on permit withdrawal after a public hearing, notice of which shall be mailed to the Applicant and published in a newspaper of general circulation in the County no less than 30 days prior to the hearing. 21 The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. ATTACHMENTS A. Glenn Horn letter dated 5/12/04 Application provided separately 'Ms Wall is a professional planner with a Bachelor s decree in Urban Studies fmm he University of Pennsylvanm, and ¢a member of the American Institute of Certified Planners his Wolff ha. worked for the AspervIlitkm Coumv Cominumty Devedspmenr Department for Ill . years, and as a PlannooSemor Planner within that department for 8 years Inner planning position, Ms Wolff has Tel numerous land use apPhcaeons pursuant to the Pnhm County Land lAe Code JO 1; 18 Em Davis Horn - PLANNING & REAL ESTATE CONSULTING May 12, 2004 Suzanne Wolff AICP Senior Planner Aspen Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Aspen Field Biology Laboratory Land Use Application Dear Suzanne: The Aspen Field Biology Laboratory (Applicant) is represented by Davis Horn Incorporated in this matter. This letter addresses a few outstanding items which need to be resolved prior to preparing a set of conditions for the Planning and Zoning Commission. Documentation of Existing Use As we have discussed, the existing structure functions as Bob Lewis' house and the Aspen Field Biology Laboratory. Bob often rents out a bedroom and loft to local employees of Pitkin County. In recent years Bob has rented the entire house to local employees during the winter and traveled. As many as three people have rented the house in the past. The Aspen Field Biology Lab employees two people, Bob Lewis and Fadia Middlebrook. They contract with a local employee for part time secretarial services. Bob Lewis' car is the only car parked on the site in the summer. Visitors to the property park adjacent to State Highway 82. The driveway has not been plowed in the winter and all vehicles have been parked adjacent to the road. ALICE DAVIS, AICP I GLENN HORN, AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180 Suzanne Wolff AICP May 12, 2004 Page 2 Vehicle trips per day have been approximately equal to the Pitkin County standard for a single family dwelling unit. Projected Employees There will not be any additional employees after the expansion. The Lab will be operated by Bob and Fadia. Additional Traffic Visiting researchers will be prohibited from bringing a vehicle. The Lab will have a vehicle for their use. It is possible that there will be two to four additional trips per day during the summer season. The prohibition of personal vehicles and provision of a vehicle for use by the visiting researchers is the traffic mitigation plan. The site is located on State Highway 82. Two to four additional vehicular trips per day can be accommodated on State Highway 82. Parking Spaces Three off - street parking spaces shall be provided. Uses /Activities The house will continue to serve as Bob Lewis's residence on a year round basis. His use will be similar to typical use of a single family dwelling unit. occasionally, he will have guests and sometimes he will have a party. The house will not be used as a location for seminars or teaching. He may rent the house in the winter to local employees as he has done in the past. Bob and Fadia will continue to work on the site on a year round basis. There will be visiting researchers living on site during the summer. It is possible that visiting professors may initiate their research on site as early as May 1 and complete their research as late as November 1. However, typically visits will be limited to three or four months. The applicant is not proposing any "prohibited uses" which would be unique for this site. 30 ,1 0 Suzanne Wolff AICP May 12, 2004 Page 3 Dogs Dogs shall be prohibited on site. Summary This letter has addressed the outstanding issues which we have reviewed. Dave Gibson has prepared a revised Site Plan which I will deliver to you this afternoon. Thank you for your assistance. Sincerely, DAVI HORN INCORPORATED GLE HO AICP Wolff.706 ')0''�`tI Legend Roads Water Elk Migration Paths Elk Migration Corridors ® Elk severe Winter Range - Elk Winter Range 00.j0 'I 2 Carl Anne Holcomb From: Doug Throm [dthrom @sopris.net] Sent: Wednesday, August 04, 2010 12 55 PM To: Kevin Wright Cc: Cari Anne Holcomb Subject: Stella polare Attachments: Dog letter Aug 2 2010.doc Kevin Thanks for your quick response. I realize that the county makes the determination, however CDOW is the main referral /advisory agency. My reading of your letter says that properly controlled dogs are a reasonable use on the property. I am forwarding a management policy that I feel will address control and proximity to the open space areas to the North and West. Let me know if you have further questions or require further information. Thanks for your response to this issue. I understand you are very busy this time of year with bear and other wildlife issues, if you could give me an approximate time frame for your response I would appreciate it. Doug Throm Email secured by Check Point A s � t t Cari Anne Holcomb From: Barb D' Autrechy Sent: Wednesday, August 11, 2010 1:03 PM To: Cari Anne Holcomb Cc: Brian Flynn; Dale Will Subject: RE: Stella Polare dog plan Cari Ann Thanks for your input I wonder if 7- 20 -70(e) (5) would apply as there are several species that could become prey to domestic dogs or cats on the adjacent preserve. Further, under general provisions, the codes states: 1 -60 -290 WILDLIFE: It is the policy of the County that proposed land uses (including structures) are compatible with the ecosystem of wildlife habitats and do not pose immediate, long term or potential detrimental impacts to such habitats Wouldn't this provision give the County the authority to prohibit dogs if it is deemed incompatible with the adjacent nature preserve? I agree that this is a larger issue that warrants some staff discussion Dale and I are out next week, so perhaps we can tackle this issue when we get back? As you know, our concern is that several millions of public dollars has been invested to protect the wildlife on the adjacent land, and that we have a responsibility to protect these values from avoidable impacts. This case brings up not only the issue of what capabilities the County has to prevent impacts from residences next to protected wildlife habitat, and also the ease with which such protective restrictions can be overturned. Barb D'Autrechy From: Cari Anne Holcomb Sent: Tuesday, August 10, 2010 1:34 PM To: Barb D' Autrechy Cc: Brian Flynn; Dale Will Subject: RE: Stella Polare dog plan I would have to pull the original approval to see where the restriction on dogs came from originally. Often in the past (and to some extent now), we added restrictions when the referral agency included them in their comments. In the past, it was also thought that house size had a huge impact on wildlife and limited parcels to square footage limits (sometimes % of what they could build to based on zoning). Turns out an 8000 sq ft house has the same impact as a 15000 sq ft house. Also, under 1041 constraints we could prohibit activities. Our Code is now based on mitigation not prohibition. I can really only go by the Code which outlines when dogs are prohibited and when they are not. If the parcel is not mapped and not located in the proximity, I don't really think I can deny it. Kevin & I have talked in the past. Although he also feels very passionately about this, he cannot prohibit dogs either, he can only recommend against them. Again, I haven't reviewed the case and I haven't done the gis maps for the parcel to find out the proximity and animals which the code might address. While relying on the limited mapping may not make sense, we don't address other species in the Code unless they are critical or endangered according to CDOW. I will put this on the agenda for next Monday. This is a discussion that should involve Lance, Dale, Mike, etc. Hope this little bit helps. For the Code information I've attached the appropriate section so you can read through the criteria the review is based on. Cari Anne Holcomb I Planner t 970.920.50921 f 970.920.5439 30 From: Barb D' Autrechy Sent: Tuesday, August 10, 2010 11:53 AM To: Carl Anne Holcomb Cc: Brian Flynn; Dale Will Subject: RE: Stella Polare dog plan Thanks Cari Ann Can you explain to me under what authority in the code the county originally prohibited dogs and why that would no longer apply if he is granted his appeal? I am just trying to understand how the County would start off with a dog ban, but then want — or feel compelled - to reverse it a short time later. I see that Doug is citing the fact that the property is not within mapped wildlife habitat. Of course, we only have range mapping for a few species, and the JAS /North Star preserve seeks to protect habitat for many more species than we have mapping for. So, relying on the limited mapping information we have in order to determine if there are or are not impacts to area wildlife is not adequate. I am collecting information on the flushing distances for various wildlife species that is caused by dogs, that would provide some additional info that can be considered for this issue. The long and the short of it though, is that the presence of dogs will increase the ecological impact of a residential development. As for the dog management plan — if the county does permit dogs — the limit should be one. Also, electric fences have shown to be ineffective if wildlife is in the area — a dog's drive to prey will overpower the deterrent of a momentary shock. As far as dog ban vs. kennel — I don't know which one creates a greater compliance /enforcement issue. When you get a chance, maybe we could discuss this issue further. Barb D'Autrechy From: Carl Anne Holcomb Sent: Tuesday, August 10, 2010 11:02 AM To: Barb D' Autrechy Subject: FW: Stella Polare dog plan Barb Sorry I didn't call you yesterday. I am on the front desk in the afternoon and sometimes can't squeeze in Planning. I am on the front desk this morning as well (fun fun fun!) Anyway you know what he is proposing. The only way I can deny it is if there is something in the code to prohibit them. I have a couple of determinations to do prior to his and a boat load of special event permits .... so it may be longer than good ole Doug would like. I will give you a call later. Kevin's letter is also attached. Carl Anne Holcomb I Planner Pitkin County I Community Development 130 South Galena Street, 3rd Floor Aspen, CO 81611 t 970.920.50921 f 970.920.5439 CariAnne.Holcomb(7a co.vitkin.00.us 't. From: Doug Throm [mailto:dthrom @sopris.net] Sent: Thursday, August 05, 2010 4:53 PM To: Carl Anne Holcomb Subject: Fw: Stella Polare dog plan Cari Anne Here is Kevin's response to my dog management plan. I would propose no more than 3 dogs and keep the zero tolerance policy in place I suggested in my plan to be sure the electric fence is working as intended. I believe you should proceed with staffs recommendations at this point. If there is anything else I can provide please let me know. I am still interested in the additional mapping you mentioned you would be doing as all the maps I have seen do not show this property abutting and critical wildlife habitat. Thanks Doug Throm - - - -- Original Message - - - -- From: Wright Kevin To: dthrom(ccilsopris.net Cc: Carl Anne Holcomb Will, Perry Sent: Thursday, August 05, 2010 3:58 PM Subject: Stella Polare dog plan Doug, let me know if this is what you need. The decision is up to the county, not DOW Email secured by Check Point )G I i1-; �,'t7 Cari Anne Holcomb From: Doug Throm [dthrom @sopris.net] Sent: Thursday, July 29, 2010 3:42 PM To: Carl Anne Holcomb Subject: Re: Stella Polare Thanks Cari Anne. I was confused about Steve Crockett and Art Hoaglund DT - - - -- Original Message - - - -- From: Cari Anne Holcomb To: Doug Throm Sent: Thursday, July 29, 2010 10:40 AM Subject: Stella Polare Doug: The list with Steve & Art is for wildfire experts not wildlife. We don't have a formal list of wildlife experts, however, Jonathan Lowsky and Andrew Antipas are two experts whose work I have seen submitted in several other cases. They are most likely listed in the phone book or online. It is a standard practice for Community Development to refer cases to Open Space & Trails as they are one of our standard referral agencies. For this case, a minor amendment, which is administrative with no vested rights, there is no public notice. If you would like to contact the adjoining property owners for their comments & opinions you are welcome to do so; the County will not. If you would like to object, it is appropriate to wait until the determination is complete; you can then submit an application to appeal the decision to the Board of County Commissioners. Once I get the maps and memo completed I would be happy to let you know what the results are. I will be using maps from our GIS information. The mapping is based on the Division of Wildlife maps which you looked at. They simply have more detail. Sincerely, Cari Anne Holcomb Planner 970.920.5092 From: Doug Throm [mailto:dthrom @sopris.net] Sent: Wednesday, July 28, 2010 5:08 PM To: Cari Anne Holcomb Subject: Re: I will contact Kevin directly. Do you have a current list of Wildlife experts that are registered with Pitkin County? I have worked with Steve Crockett and Art Hoaglund in the past but have been unable to reach either of them. I will object to you using comments from only the adjoining landowners to the West and North (City & County Open Space) if you do not survey the other adjoining landowners. Will you be contacting the other adjoining land owners or should I? I will forward you my proposed management plan as soon as I have it. I would also appreciate a copy of the site specific wildlife maps you put together. I assume these maps will be the same ones I have reviewed in the Community Development Department located on the third floor of City Hall. Please let me know if there is other wildlife mapping information that I am unaware of. Thanks DT I - 1, Original Message From: Carl Anne Holcomb To: Douq Throm Sent: Wednesday, July 28, 2010 2:47 PM Subject: RE: You should contact Kevin directly. I will be putting together site specific wildlife maps to help determine how close the critical wildlife mapping is to the parcel (and the development on the parcel). If you would please send me a copy of the proposal, it helps keep us all on the same page so to speak. While the Open Space & Trails folks comments do not hold as much weight as the DOW, you should know that in Pitkin County all comments from adjoining property owners (regardless of who they are) are taken into consideration when the determinations are made. It would be a good idea to address any concerns included in the other comments received. Thanks Cari Anne From: Doug Throm [mailto:dthrom @sopris.net] Sent: Wednesday, July 28, 2010 2:41 PM To: Carl Anne Holcomb Subject: Re: Carl Anne How would I proceed setting up a meeting w/ Kevin? Do I contact him directly or do I need to go through you and Pitkin county staff. Do you need to be involved in any discussions I have w/ Kevin. Should I try to meet with Kevin or with Perry Will who wrote the memo we received? I will put together a proposed dog management plan for the property and forward it to the appropriate parties. I would like to contact them immediately so they know a management plan will be forthcoming and can hopefully fit me into their busy schedules. I understand that you defer to CDOW on wildlife decisions and it appears clear from their memo that well managed dogs are acceptable on the property. It is also clear that the county code does not prohibit nor require dogs to be kenneled on the property. While I respect the comments from the City and County Open Space and Trails departments their comments should carry no more weight than any other adjoining land owners, whom were not surveyed as far as I know. Please let me know ASAP about contacting CDOW so I can proceed with that step. Thanks DT - - - -- Original Message - - - -- From: Can Anne Holcomb To: Doug Throm Sent: Wednesday, July 28, 2010 9:38 AM Doug The other comments came from the County Open Space & Trails Department & the City of Aspen Open Space Department. Both co -own the nearby James H Smith Open Space. You are welcome to contact Kevin regarding control strategy. I can wait to put the determination together until after that discussion occurs. Kevin would have to sign off on any conditions that would be proposed and then put into place. Although I welcome the discussion, in matters of wildlife we defer to CDOW. The biggest concern for Kevin, at this moment would be setting up a time to meet with you. They are currently swamped with bear issues. �l3 j��tJ 4 PITIONN COUNTY PRE - APPLICATION CONFERENCE SUMMARY LOCATION: 44010 E. Hwy 82 ZONING: AR -10 OWNER: Stella Polare LLC PHIS# 2737 - 204-00-014 SIZE: 2.6 acres PHONE and EMAIL: 920 -1719, ; it!�rom �i :upri� is REPRESENTATIVE: Self c DATE: February 28, 2008 (updated June 18, 2010) PLANNER M&wVdaeraer, 920.5482 Type of Application: Minor Amendment to a Development permit Description of Project/Development: The Applicant is requesting approval for a Minor Amendment to a Development permit to amend a previously approved Administrative Decision that prohibits dogs on the parcel. Land Use Code Sections to be addressed in letter of reauest (application): Sec. 2 -20 -150: Minor Amendments to a Development Permit Sec. 7- 20-70: Wildlife areas (parcel is mapped mile from an elk migration corridor and severe winter range). t . Staff will refer the application to the following agencies: CDO W. O S T Review by: Community Development Director _ Public Hearing: No. FEES: $%I (make check payable to "Pitkin County Treasurer ") • Planning Office flat fee: $936 (non - refundable; based on 3 hours of staff time for review); if staff review time exceeds 3.2 hours, the Applicant will be charged for additional time above 3 hours at a rate of $312/hour) o Web Technology Fee: $25 To apply, submit i c opy of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing ✓ compliance with the Code sections listed above. 2. Previous Land Use Approvals (if applicable); ✓ 3. Proof of ownership of subject property; 4. Parcel description, including legal description and vicinity map; 5. Total fee for review of the application; , 6. Signed fee agreement (1 copy); ✓ 7. Consent from owner(s) to process application and authorizing the representative (I copy) . 8. Copies of this pre -app form ✓ NOTES • PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION PLEASE SUBMIT TWO -SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BEINCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION • ALL MAPS SIIALL BE FOLDED. • This pre - application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and siajfs interpretations based upon representations of the applicant. Additional information maybe required upon a complete review ofthe application. 00 )001 f 31 Stella Polare LLC 617 W. Main Street Aspen, CO June 20, 2010 Mike Kraemer Pitkin County Community Development 121 South Galena St. Aspen, CO Dear Mike, The Stella Polare LLC property is located at 44010/44012 East Highway 82 contains approximately 2.3 acres of relatively flat ground to the east of Aspen. The parcel ID number is 2737 204 00014. The property is bordered by Highway 82 to the East, The North Star Preserve and James H. Smith Open Space to the North and West and to the South by other residential properties of similar size. To the East, across Highway 82, are other residential properties of similar acreage. The property is vegetated in mostly small diameter Aspen trees and Serviceberry bushes with a few large Cottonwood trees near the center of the parcel along the northern boundary. Warren Creek runs through the South East corner of the parcel. The western boundary of the property is wetlands. The property is not mapped by the Colorado Division of Wildlife as in a migration corridor or as critical winter range. The property contains a main residence of approximately 7,500 square feet and a caretakers unit of approximately 750 square feet. A code compliant 2 rail fence borders the property along the east (Hwy 82) and North (James H. Smith open space) sides. The property has a metes and bounds property description that is attached to this letter. If any additional information concerning the parcel description is required please contact me at 379 -3989. Sincerely C Doug Thro President, g Throm Construction, Inc Manager, Stella Polare LLC ' ` J0 1002 4., EXHIBIT "A" A tract of land being part of Lot 20 and Lot 21 of Section 20, Township 10 South, Range 84 West of the 6th Principal Meridian, described more fully as follows: Beginning at a point being the intersection of the south boundary line of Lot 21 with the west right -of -way of Colorado Highway 82; thence North 89 °20'00" West a distance of 474.16 feet along the south line of Lot 21 and Lot 20 to a point on the easterly line of the Joy Smith Property as described in that Improvement Survey recorded at Reception No. 459080; thence North 00 °00'00" East a distance of 200.00 feet along the easterly line of said Joy Smith Property; thence North 90 °00'00 "East a distance of 113.22 feet along a southerly line of said Joy Smith Property to a point on the easterly line of said Lot 20; thence North 05'03'18" East a distance of 18.90 feet along said easterly line to a point in that fence described at Reception No. 459082; thence the following four (4) courses along said fence line; North 83 °48'28" East a distance of 184.50 feet; thence South 78 5" East a distance of 46.89 feet; thence South 77 °07'26" East a distance of 87.73 feet; thence South 02 °42'33" East a distance of 10.09 feet; thence North 90 °00'00" East a distance of 9.73 feet to a point on said west right -of -way line of Colorado Highway 82; thence the following two (2) courses along said west right -of -way line of Colorado Highway 82; South 04 °23'00" East a distance of 18.60 feet; thence 190.10 along the arc of a curve to the left having a radius of 985.00 feet a central angle of 11 1 03'28" the chord of which bears S09 °54'45 "E a distance of 189.80 feet to the point of beginning. COUNTY OF PITKIN, STATE OF COLORADO 5 1© age. 3 05! 00 04 :O JRNICE K *ILL UNT D 350. .30 ;00.3 Om Stella Polare LLC 617 W. Main Street Aspen, CO June 20, 2010 Mike Kraemer Pitkin County Community Development 121 South Galena St. Aspen, CO Dear Mike The Stella Polare LLC parcel, located at 44010/44012 East Highway 82, contains approximately 2.3 acres east of Aspen. The parcel ID number is 2737 204 00014. The property consists of a main residence of approximately 7,500 square feet and a caretakers unit of approximately 750 square feet. The property was developed under BOCC Resolution No. 101 -2004, subsequentially modified by Administrative Decision No. 50 -2006 and Determination No. 014 -2007. 1 have attached copies of all of these approvals. With this application we are requesting approval for a Minor Amendment to a Development permit to amend a previously approved Administrative Decision that prohibits Dogs on the parcel. L1 In researching the current approvals it appears that the prior owner of the 0) �r perty voluntarily prohibited dogs on the property. The Colorado Division of GUd Wildlife has not designated the property as being in a migration corridor or containing winter range. f I e ' el I have specifically addressed the applicable Land Use Code Sections that apply to this request. Minor Amendment to a Development Permit (2 -20 -150). (a) Applicability This section establishes the procedures for minor and major amendments to development applications. i6 " .0 114 (b) Minor Amendments Defined 1. Is consistent with actions taken during previous development approvals for the property; The current approvals allow a single family home and caretaker unit. Family pets, including dogs, are consistent with this use. 2. Does not change the use between residential, commercial and tourist accommodation uses; No change in use is proposed. 3. Does not change basic character of the approved use of the land on which the activity occurs; Allowing dogs does not change basic character of approved use. 4. Does not constitute new land development activity; No land development is proposed 5. Does not increase the off -site impacts in the surrounding neighborhood; �° I There are no off site impacts to the neighborhood associated with 11) ,�� �.\ is use. 6. Endanger the public health, safety or welfare; Family pets do not endanger the public heath, safety or welfare 7. Does not violate any Land Use Code standard; All conditions of development on the current BOCC resolution relating to a single - family home will be left in place on the amended resolution. 8. Does not Substantially increase the need for on- site parking; Parking is not affected by this application 9. Does not increase the floor area of the use by more than 5% or decrease the open space on the site by more than 50. This application does not ask for any increase in the existing allowable floor area or change in the activity envelope. 2 30 1005 Section 7- 20 -70: Wildlife Areas a. Wildlife Habitat Maps b. General Principals All General principals are adhered to. c. General Standards All general standards are adhered to. d. General Buffer Standards (1) Nest/Roost Buffer N/A (2) Intensive Use Buffer N/A (3) Endangered, Threatened, or Rare Species N/A (4) Important Waterfowl and Wading Bird Habitat Area 'i /mot m ` ( 5) Wildlife Migration Corridors The Stella Polare property does not abut a wildlife migration corridor 6 Severe Winter Range, Winter Concentration Area The Stella Polare property does not abut either severe winter range or a winter concentration area. (7) Production Area The Stella Polare property does not abut a production area. e. General Livestock and Domestic Animals (1) Wetland and Riparian Areas N/A (2) Winter Range, Severe Winter Range and Winter Concentration Areas and Critical Habitat No area on the Stella Polare Property is in Winter Range, Severe Winter Range, Winter Concentration Areas, or Critical Habitat. (3) Wildlife Migration Corridors The Stella Polare property is not in a Wildlife Migration corridor. (4) Wildlife Production Areas The Stella Polare property is not in a Wildlife l(jY oduction Area. (5) dation No wildlife species in the immediate vicinity are currently under predation by domestic animals. (6) Overgrazing N/A 3 0 (006 3 Mew 0 L Additional Species Specific Standards (1) Deer, Elk and Bighorn Sheep Winter Concentration Area /Severe Winter Range The Stella Polare property is not in a Deer, Elk or Bighorn Sheep Winter Concentration area or Severe Winter Range (a) N/A (b) N/A (2) Deer, Elk and Bighorn Sheep Winter Range The Stella Polare property is not in Deer, Elk or Bighorn Sheep Winter Range (a) N/A (b) N/A (3) Deer and Elk Migration Patterns /Corridors and Highway Crossings The Stella Polare property is not within a Deer or Elk Migration Corridor or Highway Crossing (a) N/A (4) Deer and Elk Production Areas The Stella Polare Property is not within a Deer or Elk Production Area. (a) N/A (b) N/A (C) N/A (g) Timing of Construction This section is not applicable to this application. If any additional information concerning this request is required please contact me at 379 -3989. Sincerely Doug Tam President, Doug Throm Construction, Inc Manager, Stella Polare LLC 0 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PrnaN COUNTY, COLORADO, APPROVING THE STELLA POLARE LLC MINOR AMENDMENT TO DEVELOPMENT PERMIT Administrative Decision No.5b -2006 RECITALS Pursuant to Section 3- 200 -080 of the Land Use Code, Stella Polare LLC ( "Applicant ") has applied to the Community Development Director of Pitkin County, Colorado ( "Director ") to amend the prior approval for the Aspen Field Biology Laboratory ( "AFBL ") to eliminate the potential use of the property for the AFBL and the conditions related thereto, and to "convert" the approval in order to develop a single family residence on the property. The Applicant also proposes to amend the site plan to designate a development envelope in place of a portion of the access envelope; the building envelope will remain the same as previously approved. 2. The parcel is located at 44010 East Highway 82, and is more specifically described in Exhibit A. 3. The parcel is zoned AFR -10 and contains 2.306 acres. 4. The Board of County Commissioners granted the following approvals to the AFBL pursuant to Resolution No. 101 -2004: Special Review for an indoor research facility and a caretaker dwelling unit, GMQS exemption for an essential community facility, and 1041 hazard review and conceptual submission to establish a building envelope. The 1041 site plan was recorded in Plat Book 71 at Page 43. 5. The Director finds that the proposed amendments to eliminate the conditions related to use of the property by the AFBL are appropriate, given that the new owners do not intend to continue the research facility use, and that the use of the property for a single family residence and caretaker unit is consistent with the zone district and the surrounding uses, and is supported by the East Aspen Caucus. 6. The Director further finds that the proposed amendment to the access envelope will not change the use of the proposed development or the basic character of the land, is consistent with action taken during the original review, does not increase off -site impacts or the allowable floor area, and will not endanger the public health, safety or welfare. 7. The Director further finds that the proposed amendment will not create any additional impacts on 1041 hazard review areas, and that the prior approval, as it relates to construction of a new single family residence and caretaker dwelling unit, shall remain vested until June 23, 2007. THE DIRECTOR DOES HEREBY APPROVE the Stella Polare LLC Minor Amendment, subject to the following conditions, which shall run with the land and be binding on all successors in interest: The conditions of this Administrative Decision shall replace the conditions of BOCC Resolution No. 101 -2004. I I( I 11 1+ I! IJIJ !fI 525181 5 f' ('� i IIIIII Niil (VIII III I�IIIII III�I III�I III ��III IIII IIII 0 069113D2000001 :40 J t) . 1. 1.7 b JANICE K Administrative Decision No- Page 2 E i�u�un��r�suurm 525181 Page: 2 of 6 06/13/2006 01:40 D 0.00 2. Within 30 days of the date of this approval, the Applicant shall submit a revised 1041 Hazard Review Site Plan to the Community Development Department for approval and recording. The myl ar copy of the site plan must be signed by the owner(s) prior to submittal for recording. 3. Prior to submission of a septic permit, the Applicant shall provide documentation to the Environmental Health and Natural Resources Department of an adequate quality and quantity of water. 4. Prior to issuance of any building permits, the Applicant shall: A. Obtain approval of a septic permit from the Environmental Health and Natural Resources Department to expand or replace the existing system. The system must be designed by a registered professional engineer and shall be located within the approved building or development envelopes. B. Obtain fireplace /woodstove permits from the Community Development Department, if necessary. C. Pay the applicable road and housing impact fees. D. Submit a comprehensive drainage and erosion control plan for the property for review and approval by the County Engineer. The plan shall demonstrate that the additional development will not increase off -site drainage impacts. E. Obtain a driveway /access permit from the County Engineer for improvements to the driveway. F. Submit a landscaping plan for review and approval by Community Development staff. 5. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the comers of the building envelope and install construction fencing around the perimeter of the building envelope. The Applicant shall install silt fencing along the western boundary of the building envelope adjacent to the wetlands. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 6. All signs and lighting shall comply with the applicable regulations in the Land Use Code. 7. The Applicant shall comply with the County's Weed Management Plan. 8. No development, including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, utility or driveway extension, or septic system shall occur outside of the approved building or development envelopes. 9. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion. 10. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. For a distance of 10 -15' around all structures, maintain vegetation at a height of 6" or less with mowed grass, low growing perennials or hardscape. Woody vegetation shall not be planted within this perimeter. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around all structures. Y( /x'. J P ge 3 trative Decision NoCa-2006 �II�II I II) IIIIII I�II I��II IIIII III �II�� ��I� IIII 0 52 3 0 0 1.4e C. Spacing between clumps of brush and vegetation within the 30 foot perimeter shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. E. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the edges of the crowns. F. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of all structures shall be reduced. H. All deadfall within the 100 foot perimeter shall be removed. I. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 2. The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the International Building Code (IBC) Section 1505.2. Wood shake /shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof, 3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. B. Vents shall be screened with corrosive resistant wire mesh with mesh %4 inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Swimming pools or ponds shall be accessible to Fire Department vehicles. G. Fences shall be kept clear of brush and debris. H. Wood fences shall not connect to the structure. I. Fuel tanks shall be installed underground with an approved container. J. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above - ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire - resistive construction on the exterior side of the walls. K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. L. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. .0 R E Pa 4strative Decision NofD -2006 I IIIIII VIII III„I lIII I�I�III III�� VIII III I�III III l�ll O 6/ 133/20M 01:4C S D 0.00 M. New utility lines shall be buried within the driveway. 11. The Applicant shall comply with the following to mitigate impacts on wildlife: A. Dogs shall be prohibited. B. No riparian or wetland vegetation shall be damaged or removed. Any wetlands or riparian vegetation removed, filled or otherwise damaged without prior approval must be mitigated at a ratio of 1.5:1 according to a professional mitigation plan submitted to and approved by the County. C. Silt fences shall be installed according to the County standard between any construction and any body of permanent or ephemeral water body during all phases of construction. D. Wood fencing shall employ three 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. Non - conforming fencing on the property shall be brought into compliance prior to issuance of a Certificate of Occupancy for the new residence. E. Native vegetation shall be maintained outside of the building envelope. F. Install and use bear -proof trash containers as required by the County's Wildlife Protection Ordinance. Verification of compliance with this condition is required before issuance of a Certificate of Occupancy for the residence. G. Fruit - bearing trees and shrubs should be avoided in any landscaping, due to the high level of black bear activity in this area. H. Any areas disturbed outside of the building envelope shall be revegetated with native plants according to a revegetation plan submitted by the Applicant and approved by the County prior to issuance of a Certificate of Occupancy. Only plant species that are identified by the Pitkin county Revegetation Guide as being approved for wetland or riparian areas, or native species found to occur on site but not listed in the Guide, may be introduced into or used for revegetation of any wetland or riparian area. The planting or introduction of any other plant species is prohibited. I. Tall, overlay mature and standing dead trees should be retained whenever possible as nesting and roosting habitat as per Section 3- 80.80(A)(13) of the Pitkin County Land Use Code. J. Surface and ground water flows intercepted by roads, utility trenches and other development improvements shall not be diverted away from an existing wetland. K. Activities below the seasonal high ground water table, decreases in infiltration and diversions of surface and ground water flows with drainage ditches or fill shall be prohibited outside the building and development envelopes. 12. To mitigate for potential debris flow from Warren Creek, the Applicant shall construct walls or berms along the southern boundary of the property, pursuant to a plan prepared by a registered professional engineer or geologist. In addition, windows and doors shall be located at least 3 feet above grade on the sides of the building adjacent to the drainage. 13. The caretaker dwelling unit shall be limited to 1,000 net livable square feet and the kitchen shall contain a minimum of a two burner stove with oven, standard sink, and a 6 cubic foot refrigerator plus freezer. One off -street parking space shall be provided for the unit. 14. Prior to submission of any building permits for the caretaker unit, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. Administrative Decision No� -2006 Page 5 15. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office may inspect the unit. 16. The Applicant shall comply with the codes and requirements of the Aspen Fire Protection District, including but not limited to provision of adequate emergency access and water supply. 17. The Applicant shall adhere to all material representations made in the application. APPROVED by the Director, this JaUay of , 2006. Cind Ho)Iben, Community eD velopment Director PID #273720400014; Case #P130 -06 IIIIII VIII II III IIII IIIIIII VIII IIII II VIII IIII IIII Pag 20 6 01 :40 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 _lid ' "f12 �5 TSro Robert T hr= Real Es>wie i ag f 12 2006-C426 16.3C:C4 (GMT) 16SV211029'1 from: Sle.+3rt T ;1e 01 Aim EXHIBIT "A" A tract of land being part of Lot 20 and Lot 21 of Section 20, Township 10 South, Range 84 West of the 6th Principal Meridian, described more fully as follows: Beginning at a point being the intersection of the south boundary line of Lot 21 with the west right -of -way of Colorado Highway 82, thence North 89 °20'00" West a distance of 474.16 feet along the south line of Lot 21 and Lot 20 to a point on the easterly line of the Joy Smith Property as described in that Improvement Survey recorded at Reception No. 459080; thence North 00 °00'00" Fast a distance of 200.00 feet along the easterly line of said Joy Smith Property; ` thence North 90 ° 00'00 "East a distance of 113.22 feet along a southerly line of said Joy Smith Property to a point on the easterly line of said Lot 20; thence North 05'03'19" East a distance of 18.90 feet along said easterly line to a point in that fence described at Reception No. 459082; thence the following four (4) courses along said fence line; North 83 0 48'28" East a distance of 184.50 feet; thence South 78'48'15" East a distance of 46.89 feet; thence South 77 °07'26" East a distance of 87.73 feet; thence South 02 °42'33" East a distance of 10.09 feet; thence North 90 ° 00'00" East a distance of 9.73 feet to a point on said west right -of -way line of Colorado Highway 82; thence the following two (2) courses along said west right -of -way line of Colorado Highway 82; South 04 °23'00" East a distance of 18.60 feet; thence 190.10 along the arc of a curve to the Left having a radius of 985.00 feet a central angle of 11 ° 03'28" the chord of which bears S09 °54'45 "E a distance of 189.80 feet to the point of beginning. COUNTY OF PITKIN, STATE OF COLORADO 1111 7 Mill 11111111111111111111111111 Pa ge: 6 of 6 0 01:40 10 ;�� 3 RECEPTIONM 539200, L,,A /2007 at 04:06:02 PM, 1 OF 3, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE STELLA POLARE LLC GMQS EXEMPTION AND SPECIAL REVIEW TO UTILIZE A TDR FOR ADDITIONAL FLOOR AREA FOR UP TO 8,250 SQUARE FEET Determination N00 -2007 RECITALS Stella Polare LLC ("Applicant ") has applied to the Pitkin County Hearing Officer ("Hearing Officer") for GMQS Exemption & Special Review approval to utilize one TDR for Additional Floor Area up to 8,250 square feet. 2. The parcel is located at 44010 East Highway 82, and is more specifically described in Exhibit A. The parcel is zoned AR -10 and contains 2.306 acres. 4. The Board of County Commissioners granted the following approvals to the parcel pursuant to Resolution No. 101 -2004: Special Review for an indoor research facility and a caretaker dwelling unit, GMQS exemption for an essential community facility, and 1041 hazard review and conceptual submission to establish a building envelope. The 1041 site plan was recorded in Plat Book 71 at Page 43. The parcel was then sold, and the purchaser, Stella Polare LLC, applied for and received a minor amendment pursuant to Administrative Decision 50 -2006. The Decision replaced the previous approval, and established a new building envelope and conditions of approval. 5. The Hearing Officer considered this application at a duly noticed public hearing on April 17, 2007, at which time evidence and testimony were presented with respect to this application. 6. The Hearing Officer finds that the development is consistent with the Special Review criteria for a TDR receiver site, and that the proposed development otherwise complies with the applicable provisions of the Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Stella Polare LLC GMQS Exemption and Special Review to utilize a TDR for Additional Floor Area up to 8,250 square feet, subject to the following conditions, which shall run with the land and be binding on all successors in interest. The Applicant shall comply with provisions of Administrative Decision No. 50 -2006, unless otherwise replaced or amended by the conditions of this approval. Prior to issuance of a building permit, the Applicant shall provide a visual mitigation plan that includes a landscape plan in conjunction with various height reductions to Community Development and City /County Open Space and Trails for review and approval. At building permit application, the Applicant shall surrender one Certificate of TDR and a copy of the deed evidencing the Applicant's acquisition of the Certificate (if applicable), in order to construct additional floor area in excess of 5,750 square feet up to 8,250 square feet. I tt ! +` 3 l . u „ t '1ar�i Hearing Officer Determination No. &L-2007 Page 2 4. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 5. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4 -140 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on April 17, 2010. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 17 day of September, 2006. APPROVED AND ADOPTED this 17" day of April, 2007. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on theZ day ol M-r,-Q— , 2007. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO ATTEST: c,e9 Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: John Ely, County me P153 -06 PID #273720400014 0 By a --- -- James R. True, Hearing Officer Date L.P IZ 6� APPROVED AS TO CONTENT: 4 ,A.2 (LA &,w and Houben, Community Development Director 00 1 ;?5 I! : tot - soo y LEQAL a�,scR,wnnRr _ X h L 1 A- AftdcfAVWbovprtdtorX&WL 2f, S.dbnM, row W* AO/86 fvjbom thtpdmypetepabtbst�rie ldrrauudr bandryired Lot?f UM NO wswtW#Lai Wfw afCbbacb A%Ouq'dtt dl0iaas AWWWWA db a ' of474 Wf&Wadagl9a wLdr/adofLot 2f andLW20 ba p*Wo a Meswaft*& r cf**.by&noPmpwo se dea st)tmm* dhn Ab. 4- JULb17 dmmWAWVOVOFsdbI ,, d20RADAwtadarddhsswkrry6add awd- byans PA*Wo;l'ara , AW97 VMEOdidsas -WkH abps saadaeroihw daRid.by&aRh Plcperfyb apahf arr dos e smWyinsdsatdLvtJWRierwsMASWWO saIrddnadoff8.917Awt abWsridardrylaw I , f a d I affiboip&7 M0.4000tM aw, d Mwfaa .,br(4) coMaWgftWsatdltanawAAK AWIFOWMe dbtaararaf f84. fMC dfrwd SM dbdws of 46d0�irsCYiennrS7 !'17721fFedbanara/QT�3Awt Mw+as SW4 2M& rcrigWro tdanceNSOVV IOFsdbbnaad dC73Aw1bapaiiNan self wawf yis dCbdoraafa ��y oz imam tsibbwiplbowommabrWawdwest yiasd CabfwabA%ftWd75V4!21 PTmdbdsacvefI&WAwtomnw f4a mabd dos reefs cum bft haft fterififtafefti p 64s aw*N fsrpbofff 'C<320ft SW*5# S'Fe crAva dbdxas ar fB6tBO A�ef b Yaspaidafbe�indag Cun1RhA�2.3ABeaRs R a." a w.N i I i N RESOLUi7ON C-7 THE BOARD OF 'COMM CY)A/ MSION6RS OF FMON C:OUWY, ' COL WADO GAAMTGNG "MOV AL T(I RORA.RT LEWIS FC�R THE ASPEN FIELD 8101IADCY LAIK,RATORY SPECIAL REVIEW, 1041 HAZARD F r-VMM, CONCEPMAL SUBMIMON Min GMQS L%EN££T10N 1FiM AN ESSENTIAL t'OM UNP1'Y EACH ITV RegolatF a No. d01 ZIMI d3F&`�:11a� I. The Aspen Fidd i?iok,gy Laboratory and Robert Lewis ("APPli "") has^ applied to the Board of Courtly i :ommiisici,tters of Pitkin County. Colorado ("BOCC") for special review approval fix an "indoor rescarcn facifity." The Aspen Field Biology laboratory ( "AFBI, ") Provides facilities and financial support t'or research in the bioloth�ical ecicnoes. The primary goal of Af AI. is'Yo provide a working cnvironmant fox sciecicd mc-limists who, through their field resrnorch, witl contribute to finding godemti� volmlo +a uu it+oM of oMnm:cru in stream rs;nlogy, Plata nGnlogu, mi grrakxy dm herds, foegl en•ology, water marmot and noxious wnvh " I bn Applicant is mi orChuR the fo owing innl axe � ggruvnla A 9pm lint Revinw loo on indor rosemah Gr•illty It OMOS Ctaoup iloo fo all raratial conumunity facilily ,+ C IIM I I lovard Revirw and Conceptual Sulaehsdon to establish a Ie Aing envelope. D. Spatial Revirw for a Commker Dwelling Unit 2. The property is ln'sled at 44010 Fast i lighway $2, south of the North Star preserve end Janhe$ 11. Smith Open Spar*, scat is more speeif nAly described in Exhibit A d e 3. The Prchlmty eonrsins a 2,810 square font residence that was eohctnrct 11 in 1962. The residence contaie< i bednv;=ns and the offotxa *nd meeting room For AFBL. AV- has been m existence on the ' propertj since 19':2, aril bas been the headquarters: for the Brail Trail.' +ildwood School, Environmental Rcsoxrch group, lodeF.endenox Pass Foundation and a I :ology film studio. s Tla . Pit in Coum; Planning awl Zoning Commission considered the propyved application at regularly scheduk:l meetin s on May 4 s ;d 19, 70M, and recommemMd approval l,i a vote of 3 -0. z The BCX_'C Ctrnsi send the tmnpn,SrA nt+Plicslion U a duly totttioad public kwering on June 23, 2004. S. The B(YX finds 4 W Elie application is consistent with tiro applicable pmvisiaus of the Min County Lxhd U ,., Code C Cam' - ). including Sax ion 9 -053, standards for a 'MQS exemption for an essentV cominn -ity facility, and thha'. the Prope A d. "lopmem avn; - 1011 IomW wem OR is located much that : -conk c an he mitigated. '- The WtX forth-: finds that the ,— ,. osed use complies with the special review criteria in Section 3- 210 of I'm Code a -lid is compistiblt w;,h the character of the surrounding area. since the AFBL facilities will loo< and function in a z imilar manner as a single family residence, and that the impacts will be equal to o less than these Zeucrated' v a single family resid�-nce. 7 , 1 9 by the W WC that it hereby grants approval to =?Amit Lewis for the Asma Field 13",1 j�y Labo +xy, subject to the foil ++wing conditions, which shall run ith the IsW and be Vridiw- ern at sr ozs xs in i= est: 1. ApprovM is graw fox operation of °'•r A a + : Field Binbgy Laboattoty as follows: I •�' - 50P��56 , , .J� ' 51 t � . aert+naaa 10:22 Srcan WWI' Pirdra GMWTr '.:' It 6.11111 , 0.00 R� !U17 Res ohaw Plo lei? -2004 Page 2 ` A. A maximum of 3 visiting r-DeL =liars shall be allowed to stay on -site each year from May I to No 1. B. AFDL shall ma i n t a in a vchicWs) on -site for use by the visiting resesuchers. Visiting researchers shall be prohibited from bringing their personal vehicles to the sib. C. Three on -site parking spaces, plus one additional space for the caretaker unit, shall be provided. Additional parting shall be considered or an alternate plan provided if determined necessary during the annual review. Parking shall be prohibited within the highway right -of -way. D. AFBL shall be limited to a r., ^ ^aximum of 2 employee.+, exclusive of visiting researchers. E. Seminars, lcctmas, classes, and similar activities shall be prohibited. No mere than 4 local school groups may visit the site each year with no more than 25 students per visit 2. The facilities rmsy be used year ound as the residence of the AFBL Director and as the administrative center of, the AFBL. Only one : ;kchen is permitted within the facilities; an additional kitchen is permitted in the CDU. 3. Prior to submission of any eart moving, access. or building psrmlt app kwiems far new development. the Applicant shall submit the 1014 tsmd review site plat to the Community Dwelopment Departme for approval and recording. The myna copy of the site plan most be sipped by the owners prior to submittal for recording. 4. Prior to submission of a septic permit, the Applicant shall provide documentation to the Environmental Health Depmtmtnt of an adequate quality and quantity of water for the expanded use from the existing wall. 5. Prior to the issuance of any builaiing permits, the Applicant shall: A. Obtain approval or* septic Permit from the Environmental Health Department to expand the existing system. The system must be designed by a registered professional engineer and shall be located within the approved wilding envelope. B. Obtain ficeplacdwoodstove permits from the Community Development Department, if necessary. C. Pay the applicable road impxt fee. D. Submit a conhprehonsive dr, : +cage and erosion control plan for the property for review and approval by the County Engineer. The plan shall demonstrate that the additional development will not inae se off -site dW.iage impacts. E Obtain a drivcwaytaccess per. -mit from the County Engineer for improvements to the driveway. F. Submit a land, aping plan for review and approval by Community Development staff. G. Submit deed mWietars to the Haring Office and County Attorney for review and recordation. The dried rcarictiorm shall ensure that the three additional bedrooms will be occupied only by visiting researchers from May I to November I, and will not be rafted to or occupied by anyone not associated wi;.: AFBL or outside of the specifted tmefra sm 6. Prior to annmenc;ment of any eardunoving or construction activity, the Applicant scull stake the corers of the bui,3iag envelope and install consuttcton ranting around the perimeter of the building envelope. The fe..cing "I remain in place until a Certificate of Occupancy is issued for the residence. 7. The Applicant sh0l ensure that the driveway, parking spaces and fore access are accessible to vehicles in the winter. OW11717� 11:79 srtvtn awes vtnonr otunr op R 0.0 D e.90 �] 3jj i O Resohalen MOAL-Li 34 PMr 3 S. All sigfs and lieiing shall comply with applicable regulations '"the LAnd Use Code. 9. The Appliant sbo :3 cocrply with the Coady's Weod blanaganeat Plan. 10. No developmco4 ::retudxng padin& excavation, fill placement, burning, tmdsapin& vegetation rcnwvsi or dkturb; xA e, utihty or driveway cmmion, of septic syriam shall occur outside of the approved building envelope. 11. All areas disturbed by construction shall be mvegeuted with native shrubs and grasses to limit water consumption and additional rurw)T within one growing wagon of the project's compiction. 12. 7 he AppNce nt shall comply with the following landscaping and wildfire defensible space mitigation standards: A. For a distance of 10.15' around all s maintain vagetutim at height of 6' or lest with mowed grass, low growing permniah or hwdecape- Woody vegetation shed) not be pWltad within this perimeter. B. Vegetation shall be reduced to beak up the vertical and borimasal continuity of the fuels a. distance of 100 feet on the downhill side and 75 feel uphill and to the sides of all mreuuea. C. Spacing between clumps of bmsh and vegetWon within the pabmtes specltied above shell be a minimum of two times the height of the fuel. Maximum disaider of the chumps shall be two times the Is:ight of the fuel. All mearmements shall be from the edges of the crowns ofthe fuel. D. All branches from trees and brush within the perimeter shall be pnmad In a beW of 10 fat above the ground and ladder fuels from around trets and brush Audi be removed. E. Tree crown separation within the perimeter shall have a minimum of 10 fed between the edges of the crowns. F. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. G. The density of finds within a 100 foot perimeter of all stntettaes shall be reduced. H. All deadfall within the boo foot perimeter shall be removed. I. The Applicant shall be responsible for the con m of the defensible space vegetation requirements. 13. The Applicant shaft comply with the following additional wildfire mitigation standards: A. Roofs shall be ca%tnrcted with a Class A roofwvering or a Class A assembly as defined in the UBC 1997 SocCin 1504. Wood shakdalningk rod coverings we prohibited. Roofs with less flan a 3:12 pitch are ncz Permitted unless they comply with the following: I ) All roofcovzrings shall be noncombustible materials as defined in the Uniform Building Code (UBG) 1997 Section 1504 and installed on a Class A roof assembly. 2) All roofooveriags shall have a surface that shall fa late the natural process of clearing the roof. 3) All roof designs shall facilkMc the natural proem of clearing roof debris. Pnauvsions above the roofline, such as parapets. shall be prohibited. 4) Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48, 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. B. Vents shalt be screened with corrosive resistant wino mesh with mesh '''A inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be" clear ofall litter, slash, and flammable debris. Page. 3 of 7 SILVIR Mrs Prtata cream eo N 0.90 06.0 w J &salaam No. Mf -2004 Page 4 E. All flemnu bk materials and firewood/wood piles shall be doted on a parallel eontarr a minima" of 15 fat away from any Structure. F. Swimming pools or pads shall be accessible to Fite Department Vehicles- G. Fences shall be kept clear of brush Std debris. H. Wood fences Shall net conned to the structure. 1. Fuel tanks dull be installed underground with an approved container. J. Propane tanks shall be installed &cording to NFPA 42 dwnd ords and an a contour away from die structure with standard defensible space vegetation mitigation around any above- grotntd tank. At�y wood enclosure wound the tank Shall be constructed with mocnals approved for 2 hour fire- resisi:ve construction on these exterior side of the walls. IC Each structure doll have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. L. Addresses shall be clearly marked with 2 inch non - combustible tetras all shall be visible and installed on a ow- combustible post M. New utility liras shall be placed underground within the driveway /access. 14. The Applicant tat: comply with the following to mitigate impacts on wildlife: p A ,) Dogs shall be prohibited. B.JNo riparian or wetland vegetation shall be damaged or ranovcd. Any wetlands or riparian vegetation removed, filled, or otherwise detnaged without pr approval must be mitigated at a ratio of 1.5:1 az cording to a professional mitigation plan submitted to and approved by the County. C. Silt fences shall be installed according to the County Standard between any construction and any body of permanent or ephemeral water body during all phases of construction (See Pitkin County Asset Menege:•,mmnt Plan for silt Ponce standard). D. Wood fencing shalt employ three rails or less, be the round or split rail type, "if not exceed 49 incites in height above ground level and 12 inches in width (top view), and shall have at' least IS inches between two of the mils. Wire fencing shelf consist of no mane than 3 strands of smooth wire and shall not exceed 42 inches in height. All non - conforming fencing on the property shall be brought into compliance within one year from the date of this approval. E. Native vegetation shall be maintained outside the building envelope. F Install and use approved bear -proof trash containers as required by the 2001 Wildlife Protection Ordinance. Verification of this conaiition is required before iswonce of a certificate of o: cupaney for the first new structure on the property. G. Fruit - bearing ;Tees and shrubs should be avoided in any landscaping due to the high level of black bear activity in this was. -- H., Any areas dis:ur_Tied outside the building envelope shall be mvegcbtaf with native plants according to a revegdation plan submitted by the applicant and approved by the Coady prior to issuance of a certificate of occupancy. Only plant species t are identified by the Pitkin County Revegetation Zrttidc as being appropriate for wetland or riparian arses, or native species found to occur on site :gut not listed in the Pitkin County Revegeotion Guide, may be introduced into or used for reveratation of any wdlani: or riparian area. The planting or introduction of any other plant species is prohibited. I. Tall, overly rt ture and standing deM trees should be retained wherever possible as nesting and roosting habitat as Per Section 3- II0.MAx 13) of the Pitkin County Land Use Code. 1. Surface and 6'ourd water flows inter cepted by roads, utility trenches and other development improvements shxil not be diverted away from an existing wetland. K. Activities bel.tw the seasonal high ground water table, decressa in infiltration and diversions of surface and g. ound water flows with drainage discilm or fill shall be prohibited outside the building envc:ope. Pses: 78260410:22 SiLVra DAVIS rnxm sac; rr e0 a @.SS o a.M A 11'20 Resolsolm No, 20a4 Page 5 15. To mitigre for potential debris flow 'M Warren Credo, the Applicant 11111111 cortstrmat walls or bums Along the soardm boundary of the property, pursuant to a plan prepared by a registered professional engineer or geologist In addition, w::idows and d000 shall be located it least 3 fed above grade on the sides of the buildings adjacent to the drainage. 16. The eanddwr dwelling unit shall be linhod to 700 net livable sclawe feet and the kihhen shall contain ■ minimum of s two Inner stove with oven, standard sink, and a 6 cubic toot refrillwasor phi freeaer. One off -street parking space shall be provided for the unit. 17. Prior to submission ofany building paw inks for the wetskor min, the Applicant shall obtain and the Housing Offtoe Oall mead a wreaker dweilitlg unit decd reoWttion. Actual floor plans of Me unit shall be submtsed to the Housing Office with the deed restriction. 18. Prior to issuance of a Certificate of 0c upwy for the cramkr dwelling unit, the Housing Office shall inspect the unit. 19. This permit fr an indoor research focziay stall expire five years from the date of issuance of the Cettificate of Oarupar cy for the three additio W&ooms. Tie Applicant shaft submit an application to extend the permit at kart 6 months prior to the expiration of the parrnit, which application shalt be reviewed by the BOC.0 at a public hearing. The application to coastal the permit shall adds in detail the special review standards in the iarri Use Code at the time in addition to the annual repot requirements speci:s d below. 20. The Applicant shall submit an annual report to the Community Development Director at two 45 days Prior to the anniversary oirthe BOCC's approval, which documents uses, activities and site development that have occurred. The Community Development Director shag refer the annual report to the Fast Aspen Caucus fr review and comment. The report shall include, but not be limited to the following: A. Actual traffic goner Lion. B. Number of employees, C. Number of visiting researchers and length of stay. D. Co nfornance with conditions of approval. E. Parking F. Number of school group visits and number of atudata with each group. 21. Violation of the tan.rs of this special review permit nay be grounds far revocation of the permit. The Community Davda,)mem Director shall determine if an alleged violadan warrants rnmidersdon by the SOCC, in which sea the BOCC shill consider and ad on permit withdrawal after a public hearing, notice ofwhich shat: be mailed to the Applicant and published in a newspaper ofgen wed circulation in the Cowry no less t:'mn 30 days prior to the hewing 22. The Applicant Shall adhere to all maksial represe mate in the application or in public meetings or hearings and shall atmsider those rgxosamations to be conditions of approval. Was amended by other conditions. 23. Statutory vested rig }:its for the approvals contained herein are granted purwwK to the Pitkin County Lard Use Code and Colorado Statutes, subject to'the exceptions ad font in Pikin County Land Use Cade, § 4-140 and C.R.S., § 24-68 -105. The statutory vested rights gpatted harein shall expire on Ante 23, 2007. iM : 1 �11�11 �� to := {rLVta >711Vta PiMte caum co it •.era 0 11.00 .[ JO !(i 1 1 )U4' cm Res diction No.IDL -2004 Page 6 NOTICE OF PUBLIC HEARING PUBLUMm IN THE AWW EM WEENIX on the 22 day of May.2004. APPROVED AND ADOPTED on the 2P day of June. 2004. PUBLISHED AFTER ADOPIn' ON FOR VESTED REAL PROPERTY RIGHTS in the Aspr Times Wee an dwjffda of NW . 2OD4. r - P033-04 PID#273720400D14 BOARD OF COUNTY COMMISSIONERS. PmUN COUNTY. COLORADO f APPROVED AS TO FORM: John EIy County Anomey i®rr�rrr�r�' ,1.:22 •ILVta Owls PtIKIN 041•n1 W It •.M 00.09 0 1 :;22 R: Ibt -i' L�LUty�rAOw LE A bwdvfAvdbVpw?afloeX ndtof2l, SOCMW7212Towwfd* I fo. saek. k�a�ntafdd�ervrw�crrAN�urw�awo , cdnx.. i 16dyow A>ib0a ge iyM�prtr�oihfbal 'Orieii4rasdh� cfINSOSObOWx 6 W&asd , Lad21 OM to fWWO mrXWW& df *w d4Y4f61frsfobv #aam,AAmofW21 a ndLof20 too ponddo "ae®fwyiwvr".by&"mfhvftm dtweasbadh 4NOW Cm nm/Na?YboaFad6�wnt�d�gfttvAaeda diweawkuyidso/ sekt bySma/rPapwQ 1lwlwf6lA7 '!X►oa €aafl�rlasdffl"Awt ' wsaawryASasdssNldsl7 A�nosNlxi'p4'1+3 Ead4ArAa1 ofMVAW I aAa�wltiwsw Ahs bwpahthl'Jat abrvflsdaf/Qw *Wn i hb Ahk AW 5T&aIdwnawof 4f P� fwet 6�nds S7Ta7�'Ew dwawrxw af97.1J ibwC �'iaw IIiI SW'423rEAOMwwcf fQLbAGwtM*xrMDaWWPUadwMxn d Q7$ �iwsl ba pwhtonaW N6�sd r�M4FMpy.Nns dGlabx�b ��y BZ'Bwnww hm bAbaf�Awo daaeewa bdp swii rewtrphRaFi�ryfhw d fa15. foams ass aadfs core to 6iw Ar#lmrWW* radow ofSKW I AhKaoedAWMFW r flV3Z6'fis SVSWW5"Ea dhbvw +d C4wmk* p"Wsosa i mare orAwwa P LVIR I ISOIT N�I I I ' �8 saww %7N7 IN Cart y v I 46127rlm 10:22 94.44 /,/ � v 4 I PERSONAL REPRESENTATIVE'S DEED (TESTATE ESTATE) THIS DEED is made by Katherine Etienne as Personal Representative of the Estate of Robert Bartow Lewis a/k/a Robert B. Lewis a/k/a Robert Lewis a/k/a Bob Lewis, deceased, Grantor, to Stella Polare, LLC, 617 West Main Street, Aspen, Colorado 81611, Grantee. WHEREAS, the Last Will and Testament of the above -named decedent was made and executed in the lifetime of the decedent, and is dated August 17, 2001, which Will was duly admitted to informal probate on August 3, 2005, by the District Court in and for the County of Pitkin, State of Colorado, Probate No. 05PR31;and WHEREAS, Grantor was duly appointed sole Personal Representative of said Estate on August 3, 2005, and is now qualified and acting in said capacity; and WHEREAS, the Grantee is not the spouse, agent or attorney of the Personal Representative or any corporation or trust in which the Personal Representative has a beneficial interest. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer, and set over unto said Grantee the following described real property situate in the County of Pitkin, State of Colorado: See Exhibit "A" attached hereto. With all appurtenances, subject to all liens, encumbrances, covenants, easements, and restrictions of record, and subject to general property taxes for the year 2006 and subsequent years. This conveyance is subject to a restrictive covenant that the structure(s) on the property shall be limited to no more than a total of Eight Thousand Two Hundred Fifty (8,250) square feet FAR, as the term "FAR" is defined by the Land Use Code of the County of Pitkin. Such restrictive covenant shall be enforceable by Katherine Etienne, personally and in her capacity as personal representative, any adjacent property owner and/or the Board of County Commissioners of Pitkin County. in any legal proceedings to enforce the provisions of this restrictive covenant, the prevailing party shall be entitled to recover such party's costs and fees therein, including reasonable attorney's fees and expert witness fees. Executed _Nw' , 2006. Katherine Etienne Personal Representative of the Estate of Robert Bartow Lewis a/k/a Robert B. Lewis a/k/a Robert Lewis a/k/a Bob Lewis i '0Z�t IIIIIIIIiIII Page: I IIIIIIIIIII IIIVIII IIIIIIII 05 635© 60.09' STATE OF CALIFORNIA ) ss. COUNTY OF SONOMA The foregoing Personal Representative's Deed was acknowledged before me this M day of 2006 by Katherine Etienne as Personal Representative of the Estate of Robert Bartow Lewis a/k/a Robert B. Lewis a/k /a Robert Lewis a/k/a Bob Lewis. Witness my hand and official seal. My commission expires: c-,� /� -2 po95 CHRIS D. PELLASCINI _ CommhNont1356896 Notary Public - California l �`"� ---- Sonoma County Notary Public [SEAL] %MyCorrME*knMPy16, 2006 (VIII II II II III III IIIIIII IIIIII VIII III III I II III 69 /02/200 05 6 04:09 JRNICE K VOS CAUDILL PITKIN COUNTY CO R 16.00 D 350.60 3 1f;')C 0 ) V A..v ' J EXHIBIT "A" A tract of land being part of Lot 20 and Lot 21 of Section 20, Township 10 South, Range 84 West of the 6th Principal Meridian, described more fully as follows: Beginning at a point being the intersection of the south boundary line of Lot 21 with the west right -of -way of Colorado Highway 82; thence North 89 °20'00" West a distance of 474.16 feet along the south line of Lot 21 and Lot 20 to a point on the easterly line of the Joy Smith Property as described in that Improvement Survey recorded at Reception No. 459080; thence North 00 °00'00" East a distance of 200.00 feet along the easterly line of said Joy Smith Property; thence North 90 °00'00 "East a distance of 113.22 feet along a southerly line of said Joy Smith Property to a point on the easterly line of said Lot 20; thence North 05'03'18" East a distance of 18.90 feet along said easterly line to a point in that fence described at Reception No. 459082; thence the following four (4) courses along said fence line; North 83 °48'28" East a distance of 184.50 feet; thence South 78'48'15" East a distance of 46.89 feet; thence South 77 °07'26" East a distance of 87.73 feet; thence South 02 °42'33" East a distance of 10.09 feet; thence North 90 °00'00" East a distance of 9.73 feet to a point on said west right -of -way line of Colorado Highway 82; thence the following two (2) courses along said west right -of -way line of Colorado Highway 82; South 04 °23'00" East a distance of 18.60 feet; thence 190.10 along the arc of a curve to the left having a radius of 985.00 feet a central angle of 11'03'28" the chord of which bears S09 °54'45 "E a distance of 189.80 feet to the point of beginning. COUNTY OF PITKIN, STATE OF COLORADO 523610 IIilliI1111111IIIllI11111111IllIINVCIOIUINTYIII VIIIIIII IIII005902 D2350 60.091 Y ju" 0 0 er 2915 TI IS RMN7 2997 T125 R851M y l Page 1 of 1 i J � i 1 � x " u.aaa/eawm aaus._caor�ic�lsaa�oromeik iu 45�1�; %�i�`' } _ _ �_�1a zn i �. ':.j oo!.)02 httpJ/ 205.170.51. 230 /websitelparceL- /MapFrame.hfin 6/22/2010 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY ") and (hereinafter "APPLICANT") AGREE AS FOLLOWS: APPLICANT has submitted to COUNTY an application for h `\& 0'r- AAMt4 aej to C, - err ,V AItcW &4 s o ornal- Fy (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on _ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY S +6 I �d Pb l 6 i L L ( "APPLICANT") Cindy Houben Community Development Director B VV\An o � _11row\ 6Aay\, -v P ' t Name and Title (if applicable) Date: 5 U V\2 N, 2b 10 Mailing Address: L n W, rvXaih S F j�C'A � Co ( 5 - uo 11 30 ,�"b M Stella Polare LLC 617 W. Main Street Aspen, CO June 20, 2010 Mike Krarmer Pitkin County Community Development 121 South Galena St. Aspen, CO To Whom It May Concern: Doug Throm and Doug Throm Construction, Inc. have permission to represent Stella Polare LLC in all matters concerning the issuance of permits and approvals for the property located at 44010 East Highway 82, Aspen CO, Parcel ID # 273720400014. If any additional information or approval is required please contact Doug Throm directly, as he is the authorized representative of Stella Polare LLC on all matters concerning the property located at 44010 East Highway 82, Aspen, CO 81611 Sincerely J Doug Tzm President, Doug Throm Construction, Inc. Manager, Stella Polare LLC Phone 920.1719 Fax 925 -2465 Cell 379 -3989 3 ly 1 vLJ Please let me know how you would like to proceed with regards to strategies. The best way (for documentation) would be to put the various strategies down on paper, sending it to Kevin & me and then hopefully sitting down for discussion. I've attached both Open Space comments. Sincerely, Cari Anne Holcomb Planner 970.920.5092 From: Doug Throm [mailto:dthrom @sopris.net] Sent: Tuesday, July 27, 2010 7:24 PM To: Carl Anne Holcomb Subject: Re: Thanks for sending Kevin's comments over. I agree dogs on the property should not be allowed to roam and should be properly controlled. I would like the opportunity to discuss an effective strategy to properly control dogs on the property. I am also interested in whom you received other comments from. I was unaware that other comments were being solicited and I did not have the opportunity to solicit or present comments from interested parties that I am in contact with. I look forward to hearing your and staffs position on the proposal. Doug Throm - - - -- Original Message - - - -- From: Cari Anne Holcomb To: dthrom(a)sopris.net Sent: Tuesday, July 27, 2010 1:42 PM Subject: FW: Doug Here are the CDOW comments. I have also received other comments all asking to continue to prohibit dogs due to wildlife concerns. I will call you tomorrow to advise you of the position staff will be taking regarding the proposal. Sincerely, Carl Anne Holcomb From: Will, Perry [mailto:Perry.Will @state.co.us] Sent: Friday, July 23, 2010 10:06 AM To: Cari Anne Holcomb Cc: Wright, Kevin Subject: 30 ]t-�30 Email secured by Check Point Email secured by Check Point Email secured by Check Point Email secured by Check Point Email secured by Check Point 3 3 !331 PITKIN COUNTY COMMUNITY DEVELOPMENT DtPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 June 29, 2010 Douglas Throm 317 West Main Street Aspen, CO 81611 dthrom(ksopris.net Re: Stella Polare LLC Minor Amendment to a Development Permit (CASE PO47 -10; PID 2737 - 204 -00 -014) Dear Mr. Throm: 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 Cari Anne Holcomb, the planner assigned to your case, at 920 -5092. Sincerely, Bonnie Waechtler Administrative Assistant 4- PITKIN COUNTY I COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 MEMORANDUM To: Colorado Division of Wildlife Open Space and Trails FROM: Cari Anne Holcomb, Community Development Department Carianne.holcombLa]co.pitkin.co.us Re: Stella Polare LLC Minor Amendment to a Development Permit (PID 2737 - 204 -00 -014; Case PO47 -10) DATE: June 29, 2010 Attached for your review and comments are materials for an application submitted by Stella Polare LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, July 23, 2010. ham: / /www.aspenpitkin.com/ Portals /0 /docs /county /Com %20Dev /Planninp,[Land Use Ap plications /PO47_10 app.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie .waechtlernco.pitkin.co.us or 920 -5109. Thank you. STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife.state.co.us Iuau:o'o;anao lq;�•rs:wo^ moa t z - inr Alunoo uim1!,j �'��oF.,�yq„ For Mi ldlife- For People July 16, 2010 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 RE: Stella Polare LLC Minor Amendment Dear Cari Anne: The Stella Polare property, formerly Bob Lewis', does not lie within any mapped big game habitat areas. It does lie across Highway 82 from elk winter range and severe winter range. These areas are located up on the side of Smuggler Mountain. The property does lie just southeast of an elk migration corridor as elk cross the North Star Preserve. This corridor is not as active as it once was and is still utilized but to a lesser degree. The main value of the property as well as the surrounding North Star Preserve and James H. Smith Open Space is its riparian and wetland values. It provides critical habitat for a variety of wildlife species and is known by many for its breeding snipe and waterfowl. Loose or uncontrolled dogs can have a significant impact on wildlife from direct and indirect mortality, displacement to less preferred habitat, increased stress and disturbance, and in the case of waterfowl and shorebirds, disruption of nesting as well as reduced nesting success. If dogs are not controlled, there would be significant off site impacts, contrary to the statement on page 2 of the application. These impacts would be most significant on the open space properties where shorebird and waterfowl nesting would be impacted. There are surrounding properties with dogs. In fact the bear research team caught a loose and roaming dog in a black bear research trap this summer in the immediate vicinity of this property. If the dog prohibition is lifted on the property, it will be critical that the dog(s) is(are) properly controlled and not allowed to roam. Sincerely, � FaWi C � — Ar Manager Cc: R. Velarde, K. Wright, file DEPARTMENT OF NATURAL RESOURCES, Mike King, Executive Director WILDLIFE COMMISSION, Tim Glenn, Chair. Robert Streeter, Vice Chair. Mark Smith, Secretary Members, David R. Brougham . Dennis Buechler . Dorothea Farris • Allan Jones • John Sinqletary • Dean Winfield MEMORANDUM TO: Cari Anne Holcomb, Pitkin County Community Development FROM: Pitkin County Open Space and Trails RE: Stella Polare Minor Amendment to a Development Permit DATE: July 22, 2010 Thank you for the opportunity to comment on the request from Stella Polare for a minor amendment to their development permit, to allow for dogs on the property. As you know the property is located adjacent to the James H Smith North Star Open Space QHSOS), which is owned and managed by Pitkin County and the City of Aspen as a nature preserve, in conjunction with the North Star Nature Preserve (North Star). JHHOS and North Star possess significant wildlife resources. Although not mapped, JHSOS and North Star have provided elk calving grounds historically and are still being uses to a much lesser degree for elk production, according to the James H. Smith North Star Management Plan 2001. Wildlife monitoring since the drafting of the JHSOS Management Plan show a marked increase in sue of the property by elk including during calving season. Furthermore, JHSOS hosts a large and successful great blue heron property and on more than one occasion, the federally listed boreal toad has been identified on JHSOS or North Star. Protection of these wildlife resources ifs of great importance to the City and County, which collectively invested over $7 million in public funds in part to ensure it ongoing preservation. Because of these important wildlife values of these properties, dogs are prohibited from entering both JHSOS and North Star. These properties are designated "zero tolerance" zones, meaning that if our rangers encounter dogs on the preserve, they have no discretion for leniency and must ticket the dog owner. Dogs entering the nature preserve is an ongoing management issue for the property and because the impacts from dogs on the preserve cannot be tolerated. Permitting dogs on the Stella Polare property is problematic to the management of the nature preserve for two reasons. First and foremost, it introduces the possibility of dogs trespassing onto the property. Secondly, even if properly kenneled, their behavior on the other side of the fence cannot be regulated. The constant proximity of dogs to this important wildlife area, with the possibility of sustained barking, is certainly adverse to the goal of the City and County JHSOS and North Star as Wildlife habitat. For these reasons, OST recommend that this request to amend the development permit be denied. PITKIN C bNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00029446 Name: Stella Polare LLC Date:6/22/2010 Project Address: 44010 HIGHWAY 82 Type: check # 1967 Permit Number 0047.2010. P LAN 0047.2010. P LAN Fee Description PP- Flat Fee PP- Clerk Tech Fee Total: Amount 936.00 25.00 961.00