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HomeMy WebLinkAboutpitkin.planning.273526100015DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and /or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2735- 26 -1 -00 -015 Application Date: 9/15/10 Case No: P079 -10 Description: Mitchell Minor Amendment to a Development Permit Planner: Suzanne Wolff # Copies: 1 Allocated Hours: 4 Project Address: 786 MIDNIGHT MINE RD, ASPEN, CO 81611 % Over Hours: 4.8 Property Owner: MITCHELL Address: 2204 LOUISIANA C/O MILLER GF Owner Phone: HOUSTON, TX 77002 Owner's REP: GLENN HORN Address: 215 S MONARCH ST, 104 REP's Phone: (970) 925 -6587 ASPEN, CO 81611 REP's Email: ghorn @rof.net Referrals: PLANNING ENGINEER REFERRAL Other Referrals Maroon /Castle Creek Caucus None COLORADO GEOLOGICAL SURVEY ALL OTHER REFERRALS Comments Due Date: 10/08/2010 Meetings: list Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes: 2nd Meeting: 3rd Meeting: Approvals: BOCC Resolution #: BOCC Ordinance #: Ad min Determination #: 077-2010#574461 P &Z Determination #: HO Determination #: Other Information: VR Approval Date: VR Expires Date: Remarks: no vesting Plat Recorded Date: 10/19/2010 Plat (Bk, PG): B94 P95 #574464 Application Type: Minor Amendment to a Development Permit RECEPTION #: 574461, 10/1912010 at 12:19:23 PM, 1 OF 4, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITIQN COUNTY, COLORADO, APPROVING THE MITCHELL ACTIVITY ENVELOPE AND SITE PLAN REVIEW AMENDMENT TO EXTEND AN AVALANCHE MITIGATION STRUCTURE Administrative Decision No.33-2010 RECITALS 1) Todd Mitchell (hereafter "Applicant ") has applied to the Community Development Director of Pitkin County (hereafter "Director ") to amend the previously approved Activity Envelope and obtain Site Plan review approval to extend the existing avalanche mitigation structure approximately 60 feet to protect the existing accessory structure and parking area. 2) The property is located at 0786 Midnight Mine Road, and is more specifically described in Exhibit A. 3) The parcel contains approximately 3.1 acres and is non - conforming in size in the AR -10 zone district. 4) Pursuant to Ordinance No. 22 of 1985, the Board of County Commissioners ( "BOCC ") agreed to settle title litigation by deeding in fee simple the westerly 3.1 acres of the Revenue Lode to Steve Coolidge, while Mr. Coolidge conveyed the easterly 7.2 acres of the Revenue Lode to the County. The BOCC agreed that the property would not be subject to 1041 review and agreed to issue a Certificate of Occupancy for the existing residence on the property if the residence was brought into compliance with the 1975 County Code and Uniform Building Code. The County issued a Certificate of Occupancy on November 12, 1986. 5) The Community Development Director granted Activity Envelope and Site Plan Review approval for an avalanche mitigation wall to protect the primary residence, pursuant to Administrative Decision No. 78 -2009. The Director found that the residence was constructed within an avalanche hazard area and that mitigation was necessary for continued safe occupancy of the residence. The Site Plan was recorded in Book 91 at Page 84. The wall was built in 2009. 6) According to Art Mears, P.E., avalanche - control engineer, the accessory structure and parking area are within the moderate (blue) avalanche hazard zone. Mr. Mears has reviewed the proposed extension to the wall to ensure that it has been designed to adequately protect the accessory structure and parking area. 7) The Director finds that the request complies with the applicable provisions of the Code, as follows: A) The avalanche hazard was not previously studied, as the property was exempted from 1041 hazard review. Therefore, the structures were constructed within an avalanche hazard area. Mitigation is necessary to improve the safety of the accessory building and parking area. B) The Applicant has committed to retain and remodel the accessory structure, but not to increase the floor area of the building. C) Activity Envelope #I must be amended slightly to accommodate the wall extension. The area to be included within the activity envelope contains slopes in excess of 45 %. However, the wall extension will be located in the alignment of an 8 -10 foot wide trail /cartpath. A 3 -4 foot high cut on the uphill side of the trail /cartpath will be graded and revegetated to provide drainage for Administrative Decision No.-{7 -2010 Page 2 — surface runoff around the northern end of the wall. This slope was cut to construct the trail /cartpath; the slope in this area is due to the presence of minor man -made changes in the gradient of a continuous slope, and qualifies as a minor slope anomaly pursuant to Sec. 7- 20- 20(c)(3) of the Code. The construction will not disturb the natural terrain above, which has a slope of 50- 60 %. According to Daniel Hardin with Hepworth Pawlak Geotechnical, Inc., "the avalanche wall can be extended without adversely impacting the overall slope stability." D) The Colorado Geological Survey believes the proposed avalanche hazard wall extension to be feasible. E) The parcel is within the mapped Scenic View Protection Area. The avalanche wall extension will not be visible from Castle Creek Road. The Applicant commits to plant trees to screen the structure. APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I . The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of a development permit application for the avalanche wall extension or replacement of the accessory structure, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. 3. The Applicant may replace the existing accessory building, but shall not expand the accessory building outside of the existing footprint as shown on the site plan or increase the floor area of the accessory building beyond what is existing at the time of this approval, which is 944 square feet. 4. The avalanche mitigation structure shall be consistent with the design parameters provided by Art Mears, P.E. for "Option B — Modified Splitting Wedge" in his report dated August 28, 2010. The mitigation structure shall be designed by a certified professional engineer licensed in the State of Colorado. 5. Prior to issuance of an earthmoving permit application for the avalanche defense structure, the Applicant shall: A. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If the development disturbs one acre or more, the Applicant shall apply for and obtain a State Stormwater Permit. All historical drainage patterns shall be maintained. B. Submit a construction management plan for review and approval by the Planning Engineer that addresses all phases of construction and access to the site. C. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. D. Submit a tree mitigation plan if any trees with larger than 6" DBH are to be removed. E. Submit a landscaping plan that is generally consistent with the landscaping on the site plan. 6. Areas disturbed by construction shall be re- vegetated within one growing season of the project's completion. 7. The Community Development Department may require additional landscaping for screening of the structure in the future, if the visual impacts are greater than anticipated. Administrative Decision No.—T-2010 Page 3 & The avalanche mitigation wall shall be finished in earth tone colors. No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the parcel, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 10. No development shall occur outside of the approved activity envelopes. 11. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelopes and install construction fencing around the construction site within the perimeter of the envelopes. The fencing shall remain in place until final inspection after revegetation. 12. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 13. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. APPROVED by the Director, this 14LI day of Oct r-- , 2010. per G{� Cin � Houben, Community Development Director PID #273526100015 P079 -10 EXHIBIT "A" LEGAL DESCRIPTION THE WESTERLY 3 10 ACRES, MORE OR LESS OF THE REVENUE TUNNEL LODE, ALSO KNOWN AS THE REVENUE TUNNEL, U S.M S. 18781, ROARING FORK MINING DISTRICT, AS DESCRIBED ON THE PLAT MAP THEREOF FILED IN THE PITKIN COUNTY RECORDS IN PLAT BOOK 17 AT PAGE 50. TOGETHER WITH A PORTION OF LAND SITUATED IN SECTION 26, OF TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A ALUMINUM CAP MARKED AS CORNER NO. 4, M.S. 18781, THENCE N 02 0 17'14" W, ALONG LINE 4 -3 OF M S. 18781, 73.69 FEET TO AN ALUMINUM CAP, THE TRUE POINT OF BEGINNING, THENCE N 34 °30'00" W 197.60 FEET TO AN ALUMINUM CAP; THENCE N 34 °06'19" E 246.34 FEET TO AN ALUMINUM CAP; THENCE S 37 °24'21" E 224 34 FEET TO AN ALUMINUM CAP ON LINE 2 -3 OF M.S. 18781; THENCE N 70 °57'00" W, ALONG LINE 2 -3 OF M.S. 18781, 182.30 FEET TO CORNER 3 OF M.S. 18781; THENCE S02 E, ALONG LINE 3 -4 OF M.S. 18781, 248.34 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM that portion of the subject property conveyed to the United States of America in instrument recorded September 23, 1996 as Reception No. 397311. TOGETHER WITH an ingress and egress easement recorded April 18, 1996 as Reception No. 391896. Davis Horn- PLANNING & REAL ESTATE CONSULTING September 8, 2010 Suzanne Wolff AICP Pitkin County Community Development Department 130 S. Galena Street Aspen, CO. 81611 RE: Minor Amendment to a Development Permit for the Mitchell Property at 786 Midnight Mine Road (PID# 2735 - 261 -00 -015) Dear Suzanne: Davis Horn Incorporated represents J. Todd Mitchell, the owner of a property containing approximately three acres at 0786 Midnight Mine Road. The property is 3.5 miles from downtown Aspen and approximately 2.5 miles up Castle Creek Road and Midnight Mine Road from Highway 82. The property's location is shown on a map in Attachment 1 and the legal description is found in Attachment 2. An improvement survey with certified topography is found in Attachment 3. The applicant is requesting approval for a minor amendment to a development permit in order to extend an existing avalanche mitigation wall so it will protect the accessory structure and parking area. The existing wall which protects the main residence was approved and built in 2009. This application includes the following sections: • Background • Site Description • Project Description • Land Use Approvals; and • Summary. Background The existing primary residence and accessory building were part of a law suit in the 1970s which resulted in a court ordered settlement. The property boundaries were defined and the existing uses were approved through this settlement pursuant to Pitkin County Board of County Commissioners Ordinance 22 of 1985. An activity envelope for an avalanche mitigation wall to protect the primary residence was approved and the wall was built in 2009 pursuant to Administrative Decision No. 78 of 2009 and the J. Todd Mitchell Activity Envelope and Site Plan which is recorded at book 91, page 84. These approval documents are found in Attachment 4 to this application. -1- ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180 adavis @rof.net ghorn @rof.net 00,1001 The current owner, J. Todd Mitchell, purchased the property in 2000. Upon acquisition of the property, Todd, his wife Wendy and their children used the house as a vacation home. The Mitchell family moved into the home as their primary residence in the summer of 2007. They enjoy living in the rural Castle Creek Valley and they like the unusual, older Aspen character of the existing house. Living in the house full time, Todd and Wendy became increasingly concerned about the avalanche danger affecting the house and their family. As shown by the photo in Attachment 5, the house could be impacted by two avalanche paths. The applicant hired Art Mears, Avalanche Control engineer, who devised an avalanche mitigation plan to protect the house and the family. An avalanche mitigation wall and an elaborate "elephant trap" was designed by Mears to protect the primary residence. It was reviewed and approved by Pitkin County and the wall was built in 2009. An extension of the existing avalanche mitigation wall has now been designed by Art Mears in order to provide avalanche protection for the accessory building and parking area. This wall extension is the subject of this request for approval for a minor amendment to a development permit. Site Description The site is accessed from Midnight Mine Road over a short easement granted by the Untied States Forest Service. The midnight Mine Road is plowed by Pitkin County during winter months up to the Mitchell driveway. On winter days, snowmobilers regularly park on Midnight Mine Road below the Mitchell house. The driveway to the property climbs gradually to the north from Midnight Mine Road to a relatively flat parking area located to the west of the existing house and accessory structure. The house ascends up Aspen Mountain to the east from the parking area and is located on three terraces above the parking area to the west. The house has excellent southern exposure and views of the Castle Creek Valley. The house is heavily screened from Castle Creek Road by dense mature Aspen trees and scattered Conifer trees. The location of the top of the developed section of Midnight Mine Road is out of site of neighboring properties and the proposed wall is far enough removed from the Road that it will not be visible, once developed. The land on both sides of the house is heavily disturbed by two old mining roads which crisscross the slopes on the sides of and above the house. The topographical survey in Attachment 3 includes a slope analysis of the area around the proposed wall and categorizes slopes in the four categories required by the Land Use Code. While the area surrounding the house is not flat, most of the slopes in excess of 45 percent are slope anomalies which were created by the cut and fill associated with the old mining roads. ,_ 00o002 Project Description The applicant is proposing to build a sixty foot extension to the existing avalanche mitigation wall. The extension is shown on the proposed First Amended J. Todd Mitchell Activity Envelope and Site Plan in Attachment 6. Art Mears, P.E., designed the existing avalanche mitigation and has also designed the proposed extension to the existing wall to provide protection for the accessory building and parking area. The report by Art Mears on the design criteria required for the avalanche mitigation wall extension is found in Attachment 7. In order to avoid the significant land disturbance and expense associated with the "elephant trap" built along with the existing avalanche mitigation wall, the proposed wall will not include an elephant trap and therefore will necessarily be higher than the existing wall. The extension and footers necessary for adequate avalanche protection for the accessory building and parking area will fall a few feet outside the approved and recorded Activity Envelope #1 as shown on the approved Site Plan in Attachment 4. The minor amendment moves the northeast boundary of Activity Envelope #1 a few feet to the east. The proposed extension is shown on the proposed First Amended J. Todd Mitchell Activity Envelope and Site Plan in Attachment 6. The existing metal accessory building on the property will be re- developed. The footprint of the building will be slightly modified as shown on the proposed First Amended Site Plan in Attachment 6. The proposed extension to the existing avalanche mitigation wall will encroach into the 30 foot rear yard setback and the wall will be fifteen feet high, higher than the 2.5 foot (30 inch) wall allowed within a setback without a variance. Therefore, simultaneously with this land use application, an application to the Board of Adjustment requesting a 12.5 foot variance from the 2.5 foot structure height allowed within a setback without a variance has been made. This variance will accommodate the 15 foot high avalanche mitigation wall extension proposed. Land Use Requests A pre - application conference summary is found in Attachment 8. As required in the summary, the following sections of the Pitkin County Land Use Code will be addressed: Section 2- 120- 150(b): Minor Amendment to a Development Permit; Section 7- 20 -10: Site Preparation and Grading; Section 7- 20 -20: Steep and Potentially Unstable Slopes; Section 7- 20 -30: Water Courses and Drainage; Section 7- 20 -50: Geologic Hazards — Avalanche; Section 7- 20- 120(d): Development Within Scenic View Protection Areas; and Section 7- 20 -130: Landscaping and Vegetation Protection. Each of these sections of the Code is addressed on the following pages. The Land Use Code language is given in bold, and the Applicant's response follows. -3- 00,403 Section 2- 20 -150.b Minor Amendment to a Development Permit A minor amendment to a development application or permit must meet the following criteria as determined by the Community Development Director: 1) Consistent with actions taken during previous development approvals for the property; and 2) Does not change the use of the proposed development between residential, commercial and tourist accommodations uses; and 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 4) Does not constitute a new land development activity; and 5) Does not increase off -site impacts in the surrounding neighborhood; and 6) Does not endanger the public health, safety or welfare; and 7) Does not violate any Land Use Code standards; and 8) Does not substantially increase the need for on -site parking or utilities, or affect affordable housing generation; and 9) Does not increase the floor area of the use by more than five percent or decrease the open space on the site by more than five percent. The proposed extension to the existing avalanche mitigation wall designed to protect the existing accessory structure and parking area meets these criteria for a Minor Amendment to a Development Permit. The use is consistent with the original approvals, the residential use is not changed, the basic character is the same, there is no new development activity, it does not endanger the public in any way, nor does it violate the any Land Use Code Standards, increase parking, utility or affordable housing impacts, increase floor area or decrease open space. The improved avalanche protection increases safety for the residents and any others who may be visiting the property. The proposed wall extension meets this section of the Land Use Code and furthers the intent and purposes of the Code. Site Preparation and Grading: Section 7 -20 -10 (a) Grading and Fill Placement Grading and filling on a site shall take place only within a defined Activity Envelope . All grading and fill placement that exceeds fifty (50) cubic yards shall be indicated on the Site Plan . The applicant will comply with this Code standard. (b) Clearing, Grubbing, and Vegetation Removal Clearing or grubbing of land, or removal of vegetation shall take place only within an approved Activity Envelope , except removal of noxious weeds may occur outside of an Activity Envelope. Each Site Plan shall document compliance with the requirements of this Sec. 7- 20 -10(b) and Sec. 7 -20 -130. 4- 00;)ODI. Clearing, grubbing and vegetation removal shall be limited to the Activity Envelopes as proposed and depicted on Attachment 6. There is only a minor modification to Activity Envelope 41 from the original 2009 approvals. (c) Tree Removal and Mitigation Each tree with six (6) inches or larger diameter at breast height (D.B.H.) that is removed within the Activity Envelope shall be replaced with one (1) or more trees with total D.B.H. at least equal to the caliper(s) of the tree(s) removed, to the maximum extent practicable. Any tree that (i) is diseased, or (ii) is required to be removed pursuant to the provisions of Sec. 7- 20 -60, as those requirements may be varied by a wildfire expert approved by the County, may be removed and no replacement shall be required. All revegetation shall also comply with the Pitkin County Revegetation Guidelines. Required replacement trees that do not survive for at least one (1) year after installation shall be replaced at the owner's expense, and the County may require financial security for such replacement pursuant to Sec 7- 20- 130(b)(7). The applicant agrees to comply with this requirement. Tree removal will be minimal and if necessary, will be limited to the Activity Envelopes. (d) Protection of Natural Terrain The County Engineer or Community Development Director shall suggest and may require design and construction techniques that lessen or mitigate any physical and visual damage caused by the proposed activity or development to Constrained Area s or to the natural terrain, stream vegetation, and other natural features of the landscape within the Activity Envelope . Techniques shall include, but are not limited to (1) REVEGETATION Revegetation and reforestation utilizing native or similar horticultural material, to be completed during the first planting season after construction; where vegetation is removed, it shall be replaced with vegetation that will reach similar density and height to that removed within two (2) years following conclusion of construction. (2) TOPSOIL Removing and saving topsoil prior to any grading or excavating and replacement for revegetation. (3) WEED PREVENTION Weed prevention, thistle management, and prohibition of non - native plants, which may include reducing animal damage to vegetation cover, as determined by the United States Soil Conservation Service Soil Survey. (4) UTILITYINSTALLATION Locating and installing utilities in a manner minimizing damage to the natural environment and scenic quality. (5) EROSION, SEDIMENTATION, AND STORMWATER MANAGEMENT (a) Land uses shall: 1. Not cause erosion problems and, if practicable, retain all soil on site; 2. Minimize disturbance of natural vegetation and soil cover; 3. Ensure that all cuts and fills are adequately designed and vegetated to control erosion as well as stability of the slope area; 5- ou:luo 4. Ensure that natural drainage patterns are preserved and protected from increased water flows that subject existing channels and adjacent areas to increased erosion; and 5. Preserve natural vegetation and soil cover within those buffer distances adjacent to rivers, streams, lakes, reservoirs and wetlands /riparian areas established in Sec. 7- 20 -80. (b) Mitigation measures identified in an approved erosion, sedimentation, or stormwater management plan shall remain in place until revegetation is viable. The applicant will comply with these standards. Steep and Potentially Unstable Slopes Section 7 -20 -20 The following provisions shall apply whenever steep slopes or potentially unstable slopes occur within the Activity Envelope, but do not apply when the Activity Envelope have been defined to avoid such areas. The portion of the site where the wall extension is proposed is steep and is impacted by two existing old mine roads which create substantial man made slope anomalies. Please refer to Attachment 9, a report by engineer Dan Hardin of HP Geotech. This report is a review of the man-made cut slope and the proposed extension of the existing avalanche wall and gives recommendations based upon the slopes and work necessary to construct the wall extension. The applicant will comply with these recommendations. As stated in the report, the steeper slopes above the wall will not be disturbed by the new construction. The avalanche wall will be located in the alignment of one of the two old roads, referred to in the report as an old trail /cartpath. The road is about eight to ten feet wide and originally curled up from the north end of the existing driveway to the uphill side of the house. There is a three to four foot high cut slope on the uphill side of this road which is mad -made and was likely created when the road /path was originally cut in. The slope of the cut is steep and due to weathering, appears to have eroded and is mostly free of vegetation. The applicant will grade and re- vegetate this area between the cut slope and the new portion of the avalanche wall extension to provide drainage for surface runoff around the north end of the wall. Water Courses and Drainage Section 7 -20 -30 The closest water course is Castle Creek and it is about one half mile away from the subject property. This section demonstrates compliance with the Land Use Code standards for Water Courses and Drainage. (a) Encroachment or Channeling Encroachment or channeling activities in a river, stream (including intermittent streams), pond, wet meadow, or wetland are also subject to the requirements of Secs. 7 -20 -40 and 7 -20 -80 of this Land Use Code, as well as all other applicable state and federal statutes and regulations (including, but not limited to the U.S. Army Corps of Engineers permitting requirements of Section 404 of the Federal Clean Water Act). -6- ODjUOG - Castle Creek is the closest water course and is not in the immediate vicinity. There are no rivers, streams, ponds, wet meadows or wetland areas on or near the site. The applicant will not alter any water courses or drainages on the site or in the site vicinity. (b) Drainage (1) GENERAL Activities and development shall provide for: Maintenance of historical flow patterns and runoff amounts to reasonably preserve the natural character of an area and prevent property damage attributable to runoff rate and velocity increases, diversions, unplanned ponding and/or stormwater runoff; The unimpeded flow of natural water courses and ditches; Adequate drainage for all low points; A drainage system designed to account for an entire drainage basin capable of accommodating runoff from a proposed development and, where applicable, the runoff from areas adjacent and upstream; Maintenance of drainage systems; and On -site treatment of stormwater by use of best management practices designed to detain and allow infiltration of runoff prior to discharge to any water body. (2) Runoff Volumes Runoff volumes and peaks within a development site and in areas affected by runoff from a development site shall not exceed the runoff levels attributable to the undeveloped site as determined by a professional engineer licensed in the State of Colorado. On -site drainage patterns will remain essentially unaltered. (C) Groundwater Activities and development shall not result in the introduction of any contaminants to groundwater, or interfere with any recharge area or aquifer. The applicant will comply with this Land Use Code standard. (d) Irrigated Areas Activities and development shall: (1) Not adversely affect the adequacy of water supplies available for the irrigation of agricultural lands; and (2) Not adversely affect the exercise of any existing and decreed irrigation water right. The proposal will not adversely affect water supply for irrigation nor adversely affect the exercise of any existing and decreed irrigation water right. Water rights and irrigation will not be affected. (e) Irrigation Ditches Activities and development shall: 7- u iuo� (1) ACCESS Provide for access to irrigation ditches by ditch owners and to the public if a ditch is to be, or is part of the Pitkin County Open Space and Trails System or other public property. (2) PREVENTING LEAKAGE Ensure that no building shall be constructed immediately downhill of a ditch unless the ditch can be placed in a culvert, lined, or otherwise treated to avoid leakage of water downhill towards the building. (3) AVOID FLOODING Design land uses to avoid flooding problems from flood irrigation (4) AVOID SEEPAGE Place basements and soil absorption on -site wastewater treatment systems in locations where they will not be impacted by flood irrigation or seepage from irrigation ditches. Irrigation ditches will not be affected by the proposed extension to an avalanche wall. The proposal will be in compliance with this requirement. (f) Sedimentation Activities and development shall (1) CONTROL DURING CONSTRUCTION Provide adequate sedimentation control throughout all phases of development (2) SEDIMENTATION Retain sediment produced by soil disturbances on site where the disturbance occurs and prohibit run -off into any water body, wetlands, or riparian area. (3) REVEGETATION Revegetate clearing and grading as soon as possible, but in no event longer than one growing season after conclusion of development on a site. The applicant will comply with these standards (g) Water Quality (1) All land uses shall comply with those setbacks required by See. 7 -20 -80 and those setbacks required by Table 5 -1. (2) Activities and development shall comply with all state and federal statutes and regulations concerning the protection and enhancement of water quality (including but not limited to the requirements of all state and federal permitting programs). (3) Activities and development shall be consistent with maintenance of the Stream Classifications for the Roaring Fork River watershed, as identified in Section 208 of the Roaring Fork Watershed Management Plan, and shall comply with state regulations pertaining to maintenance of those classifications. The applicant will comply with these standards. WE �0 luos (h) Efficient Water Use Activities and development shall emphasize the most efficient use of water, including, to the extent permissible under law, the re- cycling and reuse of water. The applicant will comply with Code standards. Section 7 -20 -50 Geologic Hazards — Avalanche The subject property is impacted by two avalanche paths as shown in Attachment 5. The existing improvements were built years ago by a prior owner without mitigation. The applicant obtained approvals and built an avalanche mitigation wall for the primary residence in 2009 after careful study by Art Mears, an avalanche expert. Mears has now also studied and recommended the mitigation wall extension to provide protection from the avalanche hazard site for the existing accessory building to be re- developed and the parking area below this accessory building. His recommendations are found in Attachment 7. The applicant is proposing this mitigation to protect his family and any visitors to his home; it is not required by a land use approval. The proposed extension will increase safety on the site and below the subject property. In addition to Mears' report in Attachment 7, please refer to the report by Dan Hardin of HP Geotech regarding the mad -made slope cuts necessary to build the proposed wall. The applicant will comply with the avalanche mitigation recommendations to protect against the avalanche hazard and to construct the wall safely. Section 7- 20- 120(d) Standards for Scenic View Protection Areas The proposed extension to the existing avalanche mitigation wall will not be visible from the Scenic View Corridor, Castle Creek Road. It should not even be visible from Midnight Mine Road. It will be of earth tone materials and will be heavily screened by the existing dense vegetation which includes numerous Aspen and Conifer trees. The existing wall blends into the hillside and is not visible from Castle Creek Road. Although the proposed wall extension is higher than the existing wall, it is more hidden due to its location on the north side of the property, with substantial existing dense, mature vegetation and trees screening the proposed wall. Still, the applicant will plant a few Aspen trees in front of the proposed wall extension. The scenic impacts were studied carefully for the existing avalanche wall review in 2009. The proposed amendment will only add a small area to the approved Activity Envelope and this small addition will not be visible from Castle Creek Road. The applicant will comply with the conditions of the original approval in order to meet the intent of the scenic view protection standards. Due to the heavy vegetation on the site and the distance of the small new section to be added into the existing approval activity envelope, no visual impacts will be generated. As typical for the area, there may slightly more visual impacts in the winter than in the summer as there is less vegetation, but the impacts would not be greater than with the Activity Envelope already approved. ELM JU�JUO3 The site will be re- vegetated after construction of the wall extension in a manner consistent with the Pitkin County Code. The re- vegetation will comply with the requirements of the 2009 approval including the landscape, re- vegetation and tree removal plans previously approved. Pitkin County approved seed mix will be used for re- vegetation. The Code's Scenic View Protection standards are addressed in the following discussion. The standard is given in bold and the applicant's response follows. The proposed development shall utilize existing topography and natural vegetation, such as ridges, hills, and existing trees, to screen buildings to the maximum extent practicable when viewed from those right -of -way listed in subsection(b) above. The proposed wall will be built into the hillside as necessary for adequate avalanche protection. The dense, mature existing vegetation will provide excellent screening. 2. The proposed development shall avoid the location of structures within the Scenic View Protection Areas, and shall avoid the location of structures within any Viewplane identified in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan, if possible. If location outside the Scenic View Protection Area and defined Viewplanes is not practicable, then the proposed development shall not be located on the highest ground or most visible portion of any site as viewed from those corridors listed in subsection (b) above. The proposed wall is far away from the protected view corridor, Castle Creek Road. It is located at the base of a steep slope where the mitigation is necessary. The wall will be in the least visible northeast portion of the property. 3. The proposed development's height and bulk shall be designed to avoid, to the maximum extend practicable, the visibility of buildings from those corridors listed in subsection (b) above. This may include, but shall not be limited to, breaking the mass of the building down into a series of smaller forms, articulation of the building facades to avoid a wall or row effect, and staggering rooflines to avoid a long unbroken plane. The proposed avalanche mitigation wall will vary in height, but is proposed to be 15 feet high at a maximum. It will not be visible from Castle Creek Road. It will be heavily screened as well. 4. Proposed structure shall be placed so it does not project above a ridgeline such that a structure silhouettes against the sky when viewed from those corridors listed in subsection (b), unless there are no alternate building sites on the lot or parcel. The proposed wall will not project above a ridgeline, so this standard is not applicable. 5. The proposed development shall be designed to complement the natural topography -]0- UU!IU10 of the land through the use of techniques such as earth- sheltered design, the use of natural materials and coloring, the use of low- reflectance materials, or clustering of structures on the least visible portions of the site. When a building is proposed near a ridgeline, then its form (particularly its roof form) shall replicate, parallel, or complement the natural form of the ridgeline so that it appears to be an element of the natural ridgeline. Natural, earth tone colors and materials are proposed for the wall extension. The wall will complement and blend well with the natural topography. This is true of the existing avalanche wall being extended. 6. The proposed development shall preserve natural vegetation and avoid development within irrigated meadows, to the maximum, extent practicable. The site is heavily vegetated with dense brush, trees and ground cover which will be preserved as much as practicable. There are no irrigated meadows on the property. 7. The proposed development shall install utilities in locations and through procedures that minimize visual impacts to the maximum extent practicable. This standard is not applicable. The proposal is to move the approved northeast boundary of Activity Envelope #1 a few feet to the east to allow the extension of an existing avalanche mitigation wall to protect accessory uses on the site. 8. All satellite dishes in the proposed development shall be located to minimize visibility from those right -of -way listed in subsection (b), and shall use earth tone colors and /or screening to minimize their visual impact. This is not applicable to the proposal. 9. The proposed development shall not use earth moving and berms as the primary means compliance with these regulations, but earth moving may be utilized in conjunction with other techniques to comply with standards in this section. Where earth moving techniques are necessary, man -made forms should be undulating and natural in appearance. No berms are proposed nor are any necessary for screening. 10. In the Rural Areas only, development shall be located so that activities and development occur in at least one of the locations specified in subsection (f) as they may apply to the particular property. The wall extension will meet guidelines 2 and 3 as it is behind an existing stand of vegetation, the dense and mature forest in front of the wall (guideline #2) and will be built behind and into a -11- Ou'i ll change in natural topography (guideline #3). These guidelines were considered in the 2009 approvals for the existing wall and the proposed extension will meet the intent of the rural guidelines as well. 11. EARTH TONE MATERIALS The exterior of all development, except development located and designed in the form of a ranch compound, shall be built or painted with indigenous earth tone materials or colors. The exterior or a ranch compound should be built or painted with indigenous earth tone materials, or shall be painted or stained using local, traditional ranch colors, which shall include shades of red, brown, or white. Paints or stains that simulate weathered barn wood also shall be permitted. Earth tone materials and colors are proposed for the proposed wall and the wall will comply with this standard. 12. ROOFS All roofs shall have a non - reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. This is not applicable. 13. REVEGETATION OF DISTURBED AREAS Lands disturbed by earth moving or berms should be revegetated using native species that are already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas. Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival of planted native species. Lands disturbed by earth moving will be revegetated as necessary with native species already growing on site. Topsoil will be stockpiled and placed on disturbed areas. The approved Pitkin County seed mix will be used in re- vegetation. 14. DRIVEWAYS AVOID DIVIDING MEADOWS AND PASTURES To the maximum extent practicable, roads and driveways shall be located to skirt the edge of and avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening, a row of trees may be planted along the roads or driveways. To the maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid straight line corridors that are incongruous with the natural setting. This is not applicable to the minor amendment as no driveway is proposed. _]2_ JO!ib12 Each of these standards to minimize visibility from the scenic corridor will be met. Section 7 -20 -130 Landscaping and Vegetation The applicant will comply with the intent of this section of the Code regarding landscaping and vegetation. The applicant intends to plant a few Aspen trees in front of the proposed wall extension. Vegetation and landscaping were fully addressed in the 2009 approval for the existing avalanche wall and the applicant will comply with those conditions of approval as they relate to this minor amendment to Activity Envelope #1 where the wall extension is proposed. The following demonstrates compliance with Section 7 -20 -130, Landscaping and Vegetation Protection. Code standards appear in bold followed by the applicant's responses. Section 7 -20 -130: LANDSCAPING AND VEGETATION PROTECTION All development in Pitkin County shall comply with the Pitkin County Landscape Guidelines and portions of development adjacent to public roads shall comply with the Roadway Landscaping Guidelines contained in the Pitkin County Asset Management Plan. In case of conflict between the provisions of these two documents and the standards below, the guideline documents shall apply. (a) Purpose These regulations are intended to preserve existing vegetation on development sites to the maximum extent consistent with the permitted development, and to ensure that specific types of man made improvements are screened from view in order to preserve the rural character of the County, and to prevent the use of landscaping in ways that would compromise the rural character of the County. (b) General Provisions (1) PROTECTION OF NATURAL VEGETATION In order to protect the rural character of Pitkin County, natural vegetation should be preserved to the maximum extent practicable, and any installed landscaping shall use the species plant materials naturally occurring on the site or on neighboring properties (except for flower gardens). Restrictions on removal of natural vegetation, and requirements for revegetation, are set forth in other portions of this Chapter 7. The proposed wall extension will not compromise the rural character of the area and in fact will enhance the character regarding landscaping and vegetation by cleaning up a weathered, eroded area around an old mine road /pathway. The is discussed in the report by engineer Dan Hardin of HP Geotech in Attachment 9. The small proposed addition to the approved Activity Envelope should not require any further conditions, but the applicant will comply if any new and reasonable conditions relating to landscaping and re- vegetation are deemed necessary. The proposal will be in compliance. (2) CONFORMANCE WITH WILDFIRE REGULATIONS In the event the provisions of this Sec. 7 -20 -130 conflict with any provisions of Sec. 7 -20- 60, as those requirements may be varied by a wildfire expert approved by the County, the provisions of Sec. 7 -20 -60 shall govern. The development of an extension to the existing avalanche mitigation wall will comply with wildfire regulations as they pertain to the proposal. 1910 00�j013 (3) BERMS Berms may be incorporated into any required landscaping, buffering, or screening area, provided that the County determines, during the development approval process, that the proposed berms will not cause drainage or erosion problems. No installed berm shall have a slope of greater than four -to one (4:1), nor a height greater than four (4) feet above grade. New berms are not proposed. (4) LANDSCAPE ENCLOSURES Landscaping shall not be used to mark or enclose the boundary of a parcel, or to privatize an otherwise public viewplane. Use of indigenous shrubs or trees to enclose a portion of the property immediately surrounding a dwelling, barn, and/or accessory buildings (as opposed to the entire property or a large area of the property) are permitted if made to resemble similar windbreaks located near older properties in Rural Areas of the County. The applicant will plant several Aspen trees in front of the wall. The existing vegetation is mature, dense and significant. There will be no landscaping used to mark or enclose the boundary of the parcel. The approved and existing landscaping complements the existing vegetation, is natural in appearance and enhances the rural character of the site and neighborhood. (5) VISIBILITY CLEARANCE All landscaping shall be installed and maintained so that it does not interfere with the ability of drivers to see nearby traffic at the intersection of any driveway with a public road, or at the intersection of two public roads. No landscaping will interfere with the ability of drivers to see nearby traffic. The visibility clearance is not an issue with the proposed amendment. (6) UTILITY EASEMENTS Whenever the provisions of this Sec. 7 -20 -130 would require the installation of trees or shrubs over or on utility easements, where branches or roots might interfere with utility lines or pipes, the required location for such trees and shrubs shall be modified to require installation at the closest location that would avoid potential conflicts with utilities and would enable the trees and shrubs to serve the same landscaping purpose. There are no conflicts between utility lines and landscaping. (7) FINANCIAL SECURITY The Community Development Department may require financial security in a form acceptable to the County Attorney to ensure completion of installation of all required landscaping and /or successful establishment of plants. This is not applicable to the minor amendment proposed. (8) MAINTENANCE All plants shall be maintained continually in a healthy condition in accordance with generally accepted professional horticultural standards and practices. Within areas required to be landscaped with installed plant materials, plants that die or are unhealthy shall be replaced. Landscape areas shall remain free of weeds, litter, junk, rubbish and other nuisances and obstructions. 14 ij� jlfl�c The applicant will comply with this standard when applicable. c) Required Landscaping in Rural Areas In the Rural Area: (1) Landscaping is required for the following purposes: (1) to screen satellite dishes and other telecommunications equipment when located within five hundred (500) feet of adjacent public roads and visible from such roads, and (ii) to screen parking areas and service areas when viewed from adjacent public roads, (iii) where necessary to comply with the standards of Secs. 7- 20 -70, 7- 20 -80, or 7 -20 -120, and (iv) to re- vegetate disturbed areas. (2) Landscape treatments shall cluster shrubs and trees into groupings similar to those naturally occurring on the site or neighboring sites, shall use indigenous species of shrubs and trees, and shall not be installed in regularly spaced lines or rows, unless more specific provisions of Secs. 7- 20 -70, 7- 20 -80, or 7 -20 -120 require a different treatment. The rural nature of the subject site will be maintained and enhanced with the proposal. The applicant will comply with this standard when applicable. SUMMARY The applicant owns a three acres property at the end of the plowed section of Midnight Mine Road approximately 3.5 miles from the City of Aspen. The applicant is requesting approval for a Minor Amendment to a Development Permit to move the northeast boundary of the approved Activity Envelope 41 a few feet to the east to construct an addition to an existing avalanche mitigation wall. The proposed wall extension is not required by any land use review, but is proposed by the applicant/owner to provide protection from the avalanche hazard for an existing accessory structure and a parking area. The accessory structure will be redeveloped. The existing wall was granted approval in 2009 and provides protection to the main residence. The extension increases safety from the avalanche hazard to the north side of the property where the existing accessory structure and parking area are located. The wall extension has been recommended and designed by Art Mears, P.E. and Mears' work shows a minor modification to the existing approved Activity Envelope #1 on the approved site plan is necessary to accommodate the proposed wall extension. The proposal will increase the Activity Envelope by a small area on the northeast side of the site, away from Midnight Mine Road and all neighbors. The site is bordered by Forest Service Property and the extension on the north side of the site will not impact any neighbors or the public. The re- vegetation should enhance the aesthetics of the area, and the wall will not be visible from Castle Creek Road, the applicable scenic view protection corridor. This application has shown compliance with the applicable sections of the Code as identified in the pre - application conference summary in Attachment 8. All applicable criteria have been addressed and will be met. The following attachments are included with this application: Attachment 1: Vicinity Map; Attachment 2: Title Commitment showing the legal description of the subject property and 15 J ju Z) giving proof of ownership; Attachment 3: Topography of the subject site with a slope analysis for the area proposed for the avalanche extension wall; Attachment 4: Previous approval documents for the subject property including Ordinance 22 of 1985, Administrative Decision No. 78 of 2009, and the 2009 J. Todd Mitchell Activity Envelope and Site Plan recorded at Book 91, page 84; Attachment 5: Photo of the subject site showing the two avalanche paths affecting the area where the wall extension is proposed; Attachment 6: Proposed First Amended J. Todd Mitchell Activity Envelope and Site Plan; Attachment 7: Report by Art Mears, Avalanche Expert, on the design and recommendations for the proposed avalanche wall extension; Attachment 8: Pre application conference summary; Attachment 9: Report by Dan Hardin of HP Geotech on the slopes in the area surrounding the proposed wall extension: Attachment 10: Authorization Letter from owner J. Todd Mitchell authorizing Davis Horn Inc. to submit this application and to represent him in the review process; Attachment 11: Signed Fee Agreement for Payment of Land Use Application Fees; and Attachment 12: Property Owners within 300 feet for public notice purposes. Please call if you have any questions or concerns. Sincerely, DAVIS HORN INCORPORATED GLENN HORN AICP -16- UU!JU16 v v 1 4" i� _ ; tnanale Pk � ( I i .., ATTADWENT-L V z� /i /� I • z�� . r z .. / 1 I , \ WNgY 1RU9YNYRY MM -�G.' 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Ca�tlw '' •% ` -ilk r....r...a: i._ _ 1 _ _ `I ii �C T Attachment 1 `j 786 Midnight Mine Rd Aspen, CO 81611 pEEEEEEp 200 m 600 ft /r � 1 ij ' C N O t'utju1s Att;�fljrr ALTA Commitment For Title Insurance 2 i R L Title I N S U R A N C E C OR P O RAT] O N AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3 ASPEN, COLORADO 81611 970 - 925 - 1766 -PHONE 970 - 925 - 6527 -FAX 877- 217 - 3158 -TOLL FREE E -MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: TJ Davis- tjd @sopris.net Tom Twitchell -tomt @sopris.net Joy Higens-joy@sopris.net Brandi Jepson- brandi @sopris.net (Closing & Title Assistance) Issued By ir., Law,. 1 11-111 Home Office. 5600 Cox Road Glen Allen, Vd 23060 f. 1004 _r,;; ju!1ti19 COMMITMENT FOR TITLE INSURANCE SCIIEDIILE A 1. Effective Date April 7, 2009 at 8 00 AM Case No PCT15121PRO 2. Policy or Policies to be issued (a) ALTA Owner's Policy- (6/17/06) Amount$ 0 00 Proposed Insured Premium$ 0 00 PROFORMA Rate (b) ALTA Loan Policy- (6/17/06) Amount$ 0.00 Proposed Insured: Premium$ 0.00 Rate (c) ALTA Loan Policy- (6/17/06) Amount$ Proposed Insured: Premium$ Rate 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment Is at the effective date hereof vested in J. TODD MITCHELL 4. The land referred to In this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows. See Attached Exhibit "A" PITKIN COUNTY TITLE, INC 601 E HOPKINS ASPEN, CO 81611 970- 925 -1766 Phone.!970- 925 -6527 Fax 877 - 217 -3158 Toll Free AUTHORIZED AGENT Schedule A -PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached Countersigned: IIIIII-o ;��'lU20 EXHIBIT "A" LEGAL DESCRIPTION THE WESTERLY 3 10 ACRES, MORE OR LESS OF THE REVENUE TUNNEL LODE, ALSO KNOWN AS THE REVENUE TUNNEL, U S M_S 18781, ROARING FORK MINING DISTRICT, AS DESCRIBED ON THE PLAT MAP THEREOF FILED IN THE PITKIN COUNTY RECORDS IN PLAT BOOK 17 AT PAGE 50. TOGETHER WITH A PORTION OF LAND SITUATED IN SECTION 26, OF TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P M MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A ALUMINUM CAP MARKED AS CORNER NO. 4, M.S. 18781, THENCE N 02 °17'14" W, ALONG LINE 4 -3 OF M S 18781, 73.69 FEET TO AN ALUMINUM CAP, THE TRUE POINT OF BEGINNING, THENCE N 34 °30'00" W 197 60 FEET TO AN ALUMINUM CAP; THENCE N 34 ° 06'19" E 246.34 FEET TO AN ALUMINUM CAP, THENCE S 37 ° 24'21" E 224 34 FEET TO AN ALUMINUM CAP ON LINE 2 -3 OF M.S. 18781; THENCE N 70 ° 57'00" W, ALONG LINE 2 -3 OF M.S. 18781, 182.30 FEET TO CORNER 3 OF M.S. 18781; THENCE S 02 °17'14" E, ALONG LINE 3 -4 OF M.S 18781, 248 34 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM that portion of the subject property conveyed to the United States of America in instrument recorded September 23, 1996 as Reception No 397311. TOGETHER WITH an ingress and egress easement recorded April 18, 1996 as Reception No. 391896 1111' I Z} i� l SCHEDULE B _ SECTION 1 REQUIREMENTS The following are the requirements to be r_omphed m th ITEM (a) Payment to or for the account of the grantor, or mortgagors of the full consideration for the estate or interest to be insured ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND /OR EXCEPTIONS AS DEEMED NECESSARY THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE i11�' ►;� `h2 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company 1 Rights or claims of parties in possession not shown by the public records. 2 Easements, or claims of easements, not shown by the public records. 1 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records 5 Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6 Taxes due and payable, and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as contained in United States Patent recorded January 30, 1981 in Book 403 at Page 549 8. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. OR -22, Series of 1985 by Board of County Commissioners recorded October 1, 1985 in Book 496 at Page 126. 9. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded December 13, 1985 in Book 501 at Page 569 and terms and conditions of Contract for Electric Service recorded April 7, 1986 in Book 508 at Page 471 . 10 521(C) and other pertinent Federal authority a s sett forth subject n Deed t re recorded April 1061992 in Book 674 at Page 242. 11. Terms, conditions, provisions and obligations as set forth in Instrument recorded April 18, 1996 as Reception No. 391896, granting access for ingress and egress from the United States of America, acting by and through the Forest Service, Department of Agriculture. Ulu jU23 ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above (1) The Deed of Trust, if any, required under Schedule B- Cection 1 (2) Water rights, claims or title to water (NOTE THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDEP,) Pursuant to Insurance Regulation 89 -2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materalmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and /or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre - printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage ". Pursuant to Senate Bill 91.14 (CRS 10 -11 -122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer /Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment Pursuant to House Bill 01 -1088 (CRS 10 -11 -123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10 -11 -123 (HB 01- 1088), this is to advise (a) There is recorded evidence that a mineral estate has been severed. leased or otherwise conveyed from the surface estate and that there is a substantial likehilood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. NOTE The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company Upon request the Company will provide a copy of this clause and the accompanying arbitration rules prior to the rlosinq of the transaction NOTICE REGARDING CONSTRUCTION FINANCING 'f I s not disclosed to the company that the loan to be insured hereunder is in fact a construction loan oi,v co„.r,-„ jr- r ji jen under the final policy regarding mechanic or materialmen's liens shall be deemed void an7 "t t J'01W24 Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. Old 1 i3 'Q' Effective Date: 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ( "FNF ") respect the privacy and security of your non - public personal information ( "Personal Information ") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. 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When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Page 2 of 2 v&jU27 UPDATED IMPROVEMENT & PARTIAL TOPOGRAPHIC SURVEY A PORTION OF THE REVENUE TUNNEL LODE, M.S. NO. 18781 AND A PARCEL OF LAND SITUATED IN SECTION 26, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO BONSARY DFSQ@F101 { /� 9 / / / / / MAJJmu.l9 N]lllb i �w . 1# / NV ]drK tL93. tASTC o W •nKlf ( 0AV6 ( )avnn N -waa • AvAIAN� wALL.LONL \: Mmn wo9Y PJAFN wu] XOY ®VIA LOn1YC1YJ1 meA� L016[DN� - f YAi0S1M / tOM ATTACHMENT-3 PROFF n OESCA I)O\ PIJ®.BSdD nM¢ipNdl}IE WESnJ.I.v iIOACAESaFn¢' ¢FVµVENHNF110CE . [NOWN ASTM tF'pV[ ryxxG hi. 1.V.:ne: OF rNE ¢oALNC Fo3x MW WC. 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" ' i'• su, UU uunty , CO ATTACHMENT ADMINIST"'I'IVE DECISION OF TIIF COMMUNf1 Y DLVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE MITCHELL ACTIVITY ENVELOPE AND SITE PLAN REVIEW FOR AN AVALANCIIE ,MITIGATION STRUCTURE Administrative Decision No._� K -2009 RECITALS 1) Todd Mitchell (hereafter "Applicant ") has applied to the Community Development Director of Pitkm County (hereafter "Director ") to establish an Activity Envelope and obtain Site Plan review approval to construct an avalanche mitigation structure to protect the existing residence. the mitigation structure would consist of an avalanche defense wall with an excavated "elephant trap" behind the wall, and a soil nailed retaining wall at the back of the elephant trap The Applicant has proposed three activity envelopes: Activity Envelope I includes the existing house and accessory building, utilities, landscaping, driveway, spa and avalanche wall; Activity Envelope 2 will only allow for soil nails below the surface to stabilize a shoterete retaining wall; and Activity Envelope 3 will only allow for undergrounding of the existing Holy Cross electric line that crosses the property, 2) The property is located at 0786 Midnight Mine Road, and is more specifically described in Exhibit A. 3) The parcel contains approximately 3.1 acres and is non- conformine in size in the AR -10 zone district. 4) Pursuant to Ordinance No, 22 of 1985, the Board of Count} r_omm!ssioners ( "BOCC ") agreed to settle title litigation by deeding in fee simple the westerly 3 1 acres of the Revenue Lode to Steve Coolidge, while Mr. Coolidge conveyed the easterly 7 2 acres of the Revenue Lode to the County. The BOCC agreed that the property would not be subiiect to 1041 review and agreed to issue a Certificate of Occupancy for the existing residence on the prop-m: If the residence was brought into compliance wrth the 1975 Countv Code and Uniform Budding Code The County issued a Certificate of Occupancy on November 12, 1986. 5) According to .Art Mears, P.E , avalanche - control engineer, 2 -3 a�alanchcs have reached the vicinity of the residence within the last 34 years. Based on avalanche dynamics calculations, Mr. Mears asserts that the residence is within the moderate (blue) avalanche hazard zone, while the driveway and Midnight Mine Road are within the severe (red) avalanche hazard zone Mr. Mears states, "Mitigation is, in my opinion, required if this property is to be uccumed during the period when avalanches are possible (the November through Apra 6 -month periods " Mr. .Mears studied the mitigation options, Including building reinforcement ana detaOlcd structiiral protection. 6) the existing residence cannot be adequately reinforced to mnil'; to the avalanche hazard The Applicant wants to retain the existing residence, and, thcrctore. has proposed detached structural protection in the form of a "modified spuung wedge" Irucwral «all, oared on design parameters provided by Mr .Mears 7) the Director finds That the request c,nplles vvrih the anpilLdHd riuv of the Code, as fbllows' A I I he avaLrtu.hc !:,raid ., nui pre •: I�nisly si... .n ',' c 1rn. ."as eeemptcd from 1041 huianl re. Ic.s I hercl�,rc, thv rc v�•r. ..;n i n;_te.l .rv,:lanchc hazard area \tlllgal:,'n Is ncJe»en ba Lunln:ucd ,.dc uiw ,.u:, I .� � � I i_iaC 111 Ile: \pphv dui lid � anm I i M. 11[l auJ renn•l, •!: tin i !c tide .mJ JCCL'SSOr} sh u�turc Pal! nnl I': Inn ,r.� the . ^, ,i.r .0 c,i it _;IL:, �a,uca rc. 'loo Caudill, Pitkin County, C0 AdmimNrauve Dvcuron N - I -200% Page 2 C) l'he activity envelopes contain slopes in excess of 45 %. The slopes in excess of 45% are primarily the result of cuts made to construct mining roads or in the prior development on the property I'fie slopes in these areas are due to the presence of minor man -made changes in the gradient of a continuous slope, and qualify as minor slope anomalies pursuant to Sec. 7- 20- 20(e)(3) of the Code. D) The leto try envelopes contain slopes in excess of 30% and less than 45 %. The site section provided by the Applicant demonstrates that the continuous existing slope through the property Is less than 45 9 Secs. 7- 20- 20(c)(1) and (2) of the Code permit development on slopes in excess of 30% if there is no alternative building site and /or if the proposed development cannot feasibly be accommodated on slopes of less than 30 %. Given the danger posed to the existing residence by the avalanche hazard and the need to provide mitigation, development cannot be fully accommodated on slopes of less than 30 %. Development has been proposed on slopes of less than 30% to the extent feasible. Roger Pihl, P.G., asserts that steep and unstable slopes "can be mitigated through these engineering techniques so that there is essentially no hazard posed by the location of development [the avalanche defense structure] on such slopes"' E) The portion of the activity envelopes that is within the red avalanche hazard area will only accommodate the avalanche defense structure, the existing driveway and the undergrounded electric line The existing residence and accessory building are within a blue avalanche hazard area, where development is permitted, sub)e Code. ct to mitigation, pursuant to Sec. 7- 20- 50(a)(2) of the F) The Colorado Geological Survey believes the proposed avalanche hazard mitigation to be feasible G) The Holy Cross electric line may be buried on the steep slope below the driveway, pursuant to Sec. 7- 20- 20(e)(9) of the Code. Burial of the line is consistent with Sec. 7- 20- 50(a)(3) of the Code, which states that utility lines within avalanche hazard zones shall be buried. The Applicant has committed to hand dig and revegetate the line. 11) The parcel is within the mapped Scenic View Protection Area. A portion of the avalanche truncation structure will be blocked from view from Castle Creek Road by the existing residence. The Applicant commits to plant trees to screen the structure. APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I. The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County ,Attorney and Community Development a Site Plan with an Actn ny Emclope m accordance with Land Use Code Section 30 -20(g) and Application Manual Section 2 1 1 2 l he abosc referenced approvals shall be a condition precedent to finalization and recordation of them "I Sue Plan shall also incuiporIte the following changes: A Under "Rcve¢c;itn,n and lirosion Control Notes" ,5 eliminate the statement "if allowed by larlaace to Section 9- 103 - end'ndd "A biodegradable h extended -term rolled erosion control blanket, l.c',ur!h Aniencan Green ui ,in cyw�.dcnt, shall be used on all disturbed areas." Il•c %1'j)h,.1jt niay reni�nlcl the csntine rr •i«esson budding, but shall not expand the re,•Ju•�c ,inri .a�c•,v �n hundinc lutsid, tit the c�r.tmc fogipn nts as sh„w , on the i'n�Ib, ei�.� L�•,�ud v.n at 11"l ime..I n he site plan o increase TV . ;Iii•, , ippnxal, d% shw on e r ❑the JCn�c '" "J '+d 1 .yn.irL IcU .n ihi .r u"•ni,n hull tile, fur ,i wtal id 8,3 12 square feet of floor area vu4j,U3O oou:r A. voe r,auaa.11, Pl tkin County, Co ddrmni.wraure Dec'etmn No - t i � -2009 Page J _ 4, The avalanche mitigation structure shall be consistent with the design parameters provided by Art Mears, P.B. for "Option B - Modified Splitting Wedge" in hn report dated December 2008. 'rhe mitigation structure shall be designed by a certified professional engineer licensed in the State of Colorado 5. Prior to issuance of an earthmoving permit application for the avalanche defense structure, the Applicant shall: A. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If the development disturbs one acre or more, the Applicant shall apply for and obtain a State Stormwater Permit. All historical drainage patterns shall be maintained. B. Submit a construction management plan for review and approval by the Planning Engineer that addresses all phases of construction and access to all levels of the site C. Submit a detailed revegetatton plan for disturbed areas with appropriate seed mixes. D Submit a tree mitigation plan if anytrees with larger than 6" DBH are to be removed. E. Submit a landscaping plan that is consistent with the plan included in the site plan. 6. Areas disturbed by construction shall completion. be re- vegetated within one growing season of the project's 7. The Community Development Department may require additional landscaping for screening of the structure to the future, if the visual impacts are greater than anticipated 8. The avalanche mitigation wall shall be finished in earth tone colors 9. No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the parcel, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply wit these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 10. No development shall occur outside of the approved act, ity emefopes 1L Prior to commencement of any earthmovmg or other construction act, Ip the Applicant shall stake the corners of the actn nv envelopes and install construction fencing around the construction site within the perimeter of the envelopes The fencing shall remain in place until final inspection after revegetatton. 12 No calculations for height, bull., setback, size, floor area, or am other hmldutg and zoning requirements have been conducted. Thesc regmrernenu gill he considered et the nmc of building permit Any structures represented m the applicauon ma} not be pannntcd under Itwlding and tuning regulations 13 failure Io Complt wnil the - _nndittnns ul ih- ipprotal am su } re•ult i,i rc•. � ion Of this approval, or buqucnt pernu:fv nr ,ipp; nt ellsl related iu di c, pr,�p t .r olu: nphb, associated wuh rh is pro rupcny �i� 331 cnico K. Ton Caudill, Pitkin County, CO A dmuu.urati ve Decn mn N,� X _ -200'9 Puge 4 14 Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2 -20 -170 and C R S., § 24 -68 -105. The statutory vested rights granted herein shall expire on EL 4h 2012. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 5" day of July, 2009 APPROVED by the Director, this 2M day of S&p� , 2009. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the I I day of CT. , 2009. — ;CA N&.P �vL1..��( 2sf C1_ Cindy Houben, Communin Development Director PIDe2735- P053.09 0 0 1 u32 anlco A. von Caudill, Pitkin County, CO %- ZOW EXHIBIT "A" LEGAL DESCRIPTION THE WESTERLY 3.10 ACRES, MORE OR LESS OF THE REVENUE TUNNEL LODE, ALSO KNOWN AS THE REVENUE TUNNEL, U.S.M.S. 18781, ROARING FORK MINING DISTRICT, AS DESCRIBED ON THE PLAT MAP THEREOF FILED IN THE PITKIN COUNTY RECORDS IN PLAT BOOK 17 AT PAGE 50. TOGETHER WITH A PORTION OF LAND SITUATED IN SECTION 26, OF TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 8TH P.M. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A ALUMINUM CAP MARKED AS CORNER NO. 4, M.S. 18781, THENCE N 02 °17'14" W, ALONG LINE 4.3 OF M.S. 18781, 73.69 FEET TO AN ALUMINUM CAP, THE TRUE POINT OF BEGINNING; THENCE N 34'30'00"W 197.60 FEET TO AN ALUMINUM CAP; THENCE N 34 °06'19" E 246.34 FEET TO AN ALUMINUM CAP; THENCE S 37'24'21 "E 224.34 FEET TO AN ALUMINUM CAP ON LINE 2 -3 OF M.S. 18781; THENCE N 70 °57'00" W, ALONG LINE 2.3 OF M S. 18781, 182.30 FEET TO CORNER 3 OF M S. 18781, THENCE S 02'17'14" E, ALONG LINE 3-4 OF M.S. 18781, 248.34 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM that portion of the subject property conveyed to the United States of America in instrument recorded September 23, 1996 as Reception No. 397311. TOGETHER WITH an ingress and egress easement recorded Apnl 18, 1996 as Reception No. 391896. l , I i �,, ;�C 403 ATTACHMENT — 4 ;Alt Vicinity Map X71 —f Plant Legend V, SNmhol Size Name Scum Fail elope) - L nde,,...d t fall, [ an, in A 11 Islooll. 11 re ��Iaurnofau 1 Le (ol ... do So .",nsioba�rullra on— Dromhom. Trial, �naorbb` 'J'aftion. "In \of No Fut har-lou Iffe, e,It be olubtand an li Shrubs sand I— nal I -no to if ni I'll 11-11, hr. us a,. an invenem o.11, — ,ean"ohn,"-, --4- r«nn Plant Legend V, SNmhol Size Name Scum Fail elope) - L nde,,...d t fall, [ an, in A 11 Islooll. 11 re ��Iaurnofau 1 Le (ol ... do So Dromhom. Trial, no 'J'aftion. "In \of No Fut har-lou Iffe, e,It be olubtand an li Shrubs sand I— nal I -no to if ni I'll 11-11, hr. us a,. an invenem o.11, — f ho— o il IS, — .... he,, o ba if,. ran,, Illinois., A.or.. 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Krannot. n.1 indend t d noel.......... , • ,,, e an, pure, r,.ro lor - idarear o a, h b no m , unif,, Ir — 11 a. 1 —il =. ar— ond, I 'in loo. -dj i . .......... on "—a, use fouribe roolose. —.oil nao,, ruo h1d,—Le and . ....... before 4 ' " 'a' ad"— "hod Star" lke If,I I—r— SCMIal or off .n.bad, ouit on I'oo on 11 ran, Grading & Drainage Notes: 1. so. else jud..' . d".' annan"t, of–hope, M —In -111 - 1-bor.ol nuh b.dantirs, p.r i 3. initiated aint Donal not of,nolf,,, aff— f—re, orld, dlab,w re—ej ti—I ' odi .. 1. she drabourad a' nesse of hudn,uf ... —, 'a ... .. .. o "so. �:fn ..had Cho EDso.11r. l emr m,,, I—b , s o d A'miyity Enihelope Notts km%ltl Enielo,io I To Include- House. Ltlhnes I o D ...... a SP-. Gara & k' ionenh, %a all ACD% b Era alone Still N fillin For shot C retc Retauntta " all -Z r- -NN-' V, �'V Scum Fail elope) - L nde,,...d t fall, [ an, in A 11 ��Iaurnofau 1 no A\ Signature Block Rriegelation and Lrilsion Cont N I Rusa said dr,— bell the rf,.,,f.D as — a pono r no I'lland istrall"I —,a ad u. oftnuousun on d foo h L e ,, _ r., ne —norested onsoundflida" .1ter e-11— faf fard— '. '— in, .,nuni Unds. . re . . . . on ad re, ,,, ,,, [no..,.. .. Krannot. n.1 indend t d noel.......... , • ,,, e an, pure, r,.ro lor - idarear o a, h b no m , unif,, Ir — 11 a. 1 —il =. ar— ond, I 'in loo. -dj i . .......... on "—a, use fouribe roolose. —.oil nao,, ruo h1d,—Le and . ....... before 4 ' " 'a' ad"— "hod Star" lke If,I I—r— SCMIal or off .n.bad, ouit on I'oo on 11 ran, Grading & Drainage Notes: 1. so. else jud..' . d".' annan"t, of–hope, M —In -111 - 1-bor.ol nuh b.dantirs, p.r i 3. initiated aint Donal not of,nolf,,, aff— f—re, orld, dlab,w re—ej ti—I ' odi .. 1. she drabourad a' nesse of hudn,uf ... —, 'a ... .. .. o "so. �:fn ..had Cho EDso.11r. l emr m,,, I—b , s o d A'miyity Enihelope Notts km%ltl Enielo,io I To Include- House. Ltlhnes I o D ...... a SP-. Gara & k' ionenh, %a all ACD% b Era alone Still N fillin For shot C retc Retauntta " all -Z r- -NN-' V, �'V Scum Fail elope) - L nde,,...d t fall, [ an, in Suffoo. no Signature Block i Iss iouse us., i" 7—' a , I L Rriegelation and Lrilsion Cont N I Rusa said dr,— bell the rf,.,,f.D as — a pono r no I'lland istrall"I —,a ad u. oftnuousun on d foo h L e ,, _ r., ne —norested onsoundflida" .1ter e-11— faf fard— '. '— in, .,nuni Unds. . re . . . . on ad re, ,,, ,,, [no..,.. .. Krannot. n.1 indend t d noel.......... , • ,,, e an, pure, r,.ro lor - idarear o a, h b no m , unif,, Ir — 11 a. 1 —il =. ar— ond, I 'in loo. -dj i . .......... on "—a, use fouribe roolose. —.oil nao,, ruo h1d,—Le and . ....... before 4 ' " 'a' ad"— "hod Star" lke If,I I—r— SCMIal or off .n.bad, ouit on I'oo on 11 ran, Grading & Drainage Notes: 1. so. else jud..' . d".' annan"t, of–hope, M —In -111 - 1-bor.ol nuh b.dantirs, p.r i 3. initiated aint Donal not of,nolf,,, aff— f—re, orld, dlab,w re—ej ti—I ' odi .. 1. she drabourad a' nesse of hudn,uf ... —, 'a ... .. .. o "so. �:fn ..had Cho EDso.11r. l emr m,,, I—b , s o d A'miyity Enihelope Notts km%ltl Enielo,io I To Include- House. Ltlhnes I o D ...... a SP-. Gara & k' ionenh, %a all ACD% b Era alone Still N fillin For shot C retc Retauntta " all -Z r- -NN-' V, �'V Suffoo. no 1 Mitchell Residence Activity Envelope + Site Plan 05/19/09,06111/09,08/18/09 Rev: 09/241'09 1116"=I'-O" Entire Site Map OW 411 vAiA?6 L r ✓Iillll „� - it OCT I a5 ATTACHMENTlyf COQ.) OPDit1At'CF CI TCE EOAED OF COL';:TY CC!'CISS IGt'FRS OF PIT' :Its COUtIT ^!. CGLOPAEO, AL'TPne IZIHC: THE E: OF LPYDS FET^,'EE❑ TPE eOAP.D AL'D STEVE COOL IDLE 2• Py Answer and Counterclaim, Defendant Steve Cool idce - -n the above - referenced Civil Action tlo. 80- CV -'s76 filed his _ .rte resocnse, contesting the Count y's title t - o these , properties. - - 3. In an effort to settle the pending litigation - the '. = 1 parties agreed to terms consistent with this ordinance. : 4. BY the terms of this settlement, the parties agreed tc drvide the sub3ect property so that the westerly 3.1 plus or - .- -tnus acres will belong to Coolidge in fee simple and the easterly '•'- Plus or minus acres will belong to the Board of County Commis stoners in fee simple. �i The agreement to exchange title ' 9 e by special warranty rs CP ed rncl Leec the Boa d's agreement that the Property is not -n subject to 1041 review, that the Board has receives a revised - `rOeY P` the FrGue,t, whrch rs acceptable to `s It, tnzt the dllx_ ='On of the oreperty rs exempt from subsrirsron, thct the Foos - -e C'Cttflra r„ �. anC' CCC❑ F f is be - -sand fcr Chr _ In th, r /, anc. ttat Coulicc n_ will br. n, trr .roprrty into rpm ltanr .. F Crdr. az r Pooh 0^py 1 r Ordinance t1s. - q Series of 1966 r- r a J c -T r On December 2, 1960, the Board of County Comm:ssion- ;, ers filed an action pursuant to C. R. C. P. Pule ad3udicatter. 105 for a complete of the rights of ownership rquiet title respect to the real action) with property described in the attached Exhibits A are, B 2• Py Answer and Counterclaim, Defendant Steve Cool idce - -n the above - referenced Civil Action tlo. 80- CV -'s76 filed his _ .rte resocnse, contesting the Count y's title t - o these , properties. - - 3. In an effort to settle the pending litigation - the '. = 1 parties agreed to terms consistent with this ordinance. : 4. BY the terms of this settlement, the parties agreed tc drvide the sub3ect property so that the westerly 3.1 plus or - .- -tnus acres will belong to Coolidge in fee simple and the easterly '•'- Plus or minus acres will belong to the Board of County Commis stoners in fee simple. �i The agreement to exchange title ' 9 e by special warranty rs CP ed rncl Leec the Boa d's agreement that the Property is not -n subject to 1041 review, that the Board has receives a revised - `rOeY P` the FrGue,t, whrch rs acceptable to `s It, tnzt the dllx_ ='On of the oreperty rs exempt from subsrirsron, thct the Foos - -e C'Cttflra r„ �. anC' CCC❑ F f is be - -sand fcr Chr _ In th, r /, anc. ttat Coulicc n_ will br. n, trr .roprrty into rpm ltanr .. F Crdr. az r Pooh 0^py 1 r A i L Ir � rntu 1 ,- r,r [- lal r d! n( r - 'co eze the ah Cn Ot tpB wester_ Pluo or , ',venue T Lode to Steyn r Coolidge, and that tn•. _ ac =eptc _se Special W2::arc 7� Deed of Coolidae t!;. - -- - = - -'- ?1 us or :r.: cus acres the Revenue Tunnel Loce. A.PPRCv ED AT A;1D SET FOP PUBLIC HEARING APPROVED ?.. Al;D P.� CBL.0 HEARING 0:1 THE 12T DAY OF ATTEST -' -?RD OF CCU`, -y COMMI SS IO`i ERn - CF PITKIN CCUNTY, COLORA.CO Lew Scarla❑ ° =,' C . To-, Rlar.e, Chas rr,.ar, Depctp Clerk 6 Recc;cer A? AS TO FCR.'!: f �o. c' ?` a � : -aS Fe P.t Cf: ` � y �;r , tL y s' CCunty Attorney r t (i l Sv y 4. Yi .ir •d v( V C �. Poor op y M. SPFT.: h 1. ot:en zi'r7ren 1 �aM of !glmty G'irmilo- L.ners, is 506 E��r Main O_re.. of Pltkin Cotmt Colorado, whore 'Grantor "), for and to Con5id"t a , A:p'Of Coloraado 81611, ( hereinafter qo and valuable r7n, tdera[toncnhand the sIn of Ter. Collar: and other Steve Coal tcyP� address is P.O. Boza3053 � he reby s�1ls and conveys to (hereinafter "Grantee ") , the followir'g real �n• Colorado 8161 ado, to w prope Color rty in PStkin County, the u�sterly 3.10 acres, more or less of the RED TUIR.IES, LOGE, alp known as Roarinq the ,'IE 2t)nTIE -y, U.S-M.S. No. 18781, Fork Mineral District; as described ., the plat Mao thereof filed in the Pltkin County Records in Plat Book Pe3e at And, except as hereinafter st ated, together with all and sno iular the hecedi[mnents and appurtenances thereunto belo Pertaining, and the reversion and reversions, remainder in anywise i rents, issues and profits thereof; and all the estate, righ tders, t, r interest, claim and demand whatsoever, of Grantor, eithe, in ttle, of, in and to the above bargained premises, hereditaments aixllaPw P or i appurte TO PAVE AND TO FOLD, the said premises above bargained e nances ; P the appurtenances unto the Grantee free and clear of all de with enc ;branCes except preperty taxes for 1985 payable in 7986 rams and anu E recorded and /or apparent easements for telephone except , sanitary sewer and re se- vaticrfs, , electricity, water restrictions and covenants that do not - affect marketability of title. 1 E.ccePt as limited above, covenants and Grantor, for itself and its Successors " tars, suceessorsrcrsassigans, with Grantee, his heirs, executors, ac3ninistra- 'u peaceable p�ssessipn of Grantee bargained Premises in the quiet and lawfully clajminO c- a t agai all and ever Rrson or persons un,7er Grantor, to to claim the whole or any pare Thereof, by, through or -' �-�� AND FOREVER DEF,,. j i Signed and delivered this 12 dap of ACG7ST 1985. Board of County Cc=issioners of Pitki�n County, Colorado by: CT COLCPAa) ) OF PITY2i Thp ferego:r._ :n::tru. nt was ac..; ledged before ;ne this 12 19c, by ° ^m Ol .ike day C.C;Im: c�co n,:r� p; , p y Eor the &ac�rc ..ot ur.t/ wt G•.�„ my herd Ord a:::c:a X11. �,/ ..27 M/ s7dr ^c- 12: . tritary ka:c tc G ju '33 t ; Pr,..1tt Ir.n tYr. ` ". M. o n =4! I F) ilai 12.9 GPhT fAI. s /nb, A'- mrrfnr V Nf7 IILIII Steve Coal l.lq.., •wM i .uf,l r., ^n It. P.O. P (here lna (ter "Grantor "), for .1mf In n.r other gxxl arrj volw 705J A.u •n• Colorado 81512; aril Vilo `�'n•' "h. r.�t inn of the ccnve ^ to the ' "1 In hand i ,Im of Tti?n Dollars y' ioard of r,�IN t" r te: p• id, hereby ills am whose aJdres^ is ;05 ' ,�r�1 "1fO"r' of Pitkin County, Colorado, 'Gran [ee" Hant Mo1n t nr -_ r 1, the foll,,,3 real - olorarlo 81511, (heretnafte- PrOF"rt7 to Pitkin County, Colorado, to w1t: TM Easterly 7.23 acres, m.rc or less of AEVE�IUF 7T,71tML 1CDF., also k - i�.,n the Mom TVIRIEL, U.S.H.G, Ib, 18781, lbar:ng Fork Mineral District; a, describe thereof f d on the Plat Map filed in the Pitkin County Pecprds in Plat Doak Page - -- at And, ezwpt as hereinafter stated, together with all and singular the hereditaments and appurtenance;; h�lcng ing, or in anywise thereunto pertain and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, , interest, claim and demand wha title tsoever If, in and to the above bargained premis , G; -antor, either in law . her_ itamen[s and appurtenances To HAVE AND To EC1.D, the said or enc the appurtenances premises a e bargain,-d and describ with 1 enclmlhrances ezeeptnpcot Grantee free and clear of all liens and recorded and /or a perty taxes for 1985 payable in 1986 and except cparen sanita t easements for telephone, electricity, water, affect marketability of titlens restrictions and covenants that do not Ekcept as limited above, Grantor, for himself and his succe a cwe g ns , the above bargainneedw r Grantee, its aaministrators ssors . successors or Of titan tee against all and ev�ises in the w iet and peaceable possession claim the whole or any part thereofc by or r^ersons latrfuily claiming or to WAHRAidi` AND FCI�EVER p through pr under Grantor, to Signed and delivered this - z - I STATE OF COrZFADJ ) CC(VTY CF PTTK'q ss. ' - 'e foregoing i.nstry nt was aC.ViCw1e'.]gW before me - of S eptemoer , 1985 by Steve Coo11 �_, L'11; day Witness my hand and official se fly 0CmMissicn expires: My address ts: 50b E Main SC Ascen, CO. 31611 'i'r art 1 ^:111C ee. cool idgc.;•rf :lid ,J38 h o'clock.. H. "08R 40E P- 1,F130 l +eMpr�nn t. SP_FSIAt - ��` PecGrdn The 7WwrII DEED sddre �� of C° � t y CO Missioners, of Pitkin Coun sS is 506 East Main Street, Aspen, Colorado 87611,' Color "Grantor "1, for and ado, whose good and v i0 consideration of t (here ina -`car Steve Cnilaluable consideration in hand he bun of Tzn 0011ara and other die• `•hose address is P, paid, hereby sells and conveys to (hereinafter "Grantee "), the follow real Box 3053, Aspen, Colorado 81612, Colorado, to wit: following property in PS[kin County The Westerly 3.10 acres, more or less of thethe FEVD TU E N¢ LOCE, also krxr n as t t ri T ��'• U.S.M.S. Ho. 187A1, thereof f�.il th•_ District; as d Page esccihed on the plat Map � �. Pltkin County 712COLdS in Plat Book -1 at And, except as hereinafter stated, together with all and Pertaining, and a re a p p urten ance s and reversions thereunto belonging, or in nanywise the and the interest, ues d profits t he an all & estate, r ight,�title ers, Gran t 0 HAVE AND TO HOLD�eebsaidd Premises hereditar nts l aw or encumb exce pt unto the Grantee free andeclearaOfeall lie s and with s exce property taxes for 1935 payable in 7986 sanitary and /or apparent easements for telephone sanitary sewer and except affect and reservations, Phpne, electricity, water, marketapilit of restrictions and covenants that do not Y title. E x c e p t a as limited above, Cantor, adn for itself and its successors covenants ess agrees to and with n tantee, his heirs, executors, inistra- f Grantee tors, successors or ass, tee a:ainthe above bargained premises in Peaceable possession oaigns nst all and every person or lawfull clai the persons and under G ran mi tor, to 0r to claim the whole F, any � h o ro us to FARPAAIf AM F'OI7Ec7E.Q DEE'PU. part thereof • by, through or Signed and delivered this 12 day of AUGUST , 1985. Board of munty CcMissioners of Pitkin Cciutty, Colorado t by: 00 SCAT- OF CCLOAA30 ) COI,N1y OF ) ss. PTTRLq The foregoing instry nt vas acknowl of August 1985 b edged before me this 12 Corm t�sio Or Y Tam Blake foc the day or Firkin county, o oc o. B oot County "Illness my hand ard official seal. H _ Y wnnrssior. expires: 1.13 iSTATE OOCUm Epj T! ' Ft/ address 15: + _ 506 Eact Main Gt t.tirary pup is Aspen, co. 8151: 9 ?,j LL i i odd Mitchell 1'Y ent SHORT PROFILE � C Trim Line from LONG PROFILE J4r+ }' 46 10 1 y y � e Alpen'tech Photo: -1 -1 REVEGETATION AND EROSION CONTROL NOTES 1 ) Road and driveway shall be revegetated as soon as possible following the disturbance to avoid unsightly scam and weed mfeztabon on the landscape utility cuts shall be revegeteted immediately after mstababon of utldties W prevent weed mRsomon Landowner snail pace proper weed control in impacted areas 2 ) Erosion control attention to disturbed areas shall be implemented to ensure there is no detrimental impact or runoff to any ponds, streams or wetlands 3 ) Construction access for avalanche wall shall be reclaimed and smaglored once wall is completed a ) Newly seeded areas shall be protected from wind and water emaion through the use of mulches Acceptable mulches are wood Coma, strsw, hym -mulch and erasion d0i deter, 5.) A biodegradable extended -term rolled erosion control blanker, like North American Green SC150BN or epuwalent, shall he used on Al reduced areas GRADING AND DRAINAGE NOTES 1,) Site plan laid out to debtor activity envelopes for awflarche wall review, a full dranage report and III design has been submitted with b llamg permit subroull 2 ) Proposed avalanche wall extensors date not adversely affect existing onslte dralnage, revised house grading /dralnage systems were designed at time of building permit application. 3 ) Please note previously submitted Ova Engineering drawings for avalanche wall drainage recommendations ACTIVITY ENVELOPE NOTES ACTIVRY ENVELOPE #I To mdude House, Utilities, Landscaping, Driveway, Spa, garage and Avalanche wall and extended avalanche wall ACTIVITY ENVELOPE #2 Sod Nadirs, For Shmcrete Retammg Wall ACTIVITY ENVELOPE #3 Iimilm -und Utility Line TO 9e Hand Dug D loci vni Chronic Owner I Apennine I Tool N,11Lcll Cindy Lhim, Clark and go gi 1 ) Approximate aspen Tree Replacement Locations (Detail Typical) I 21 A"meornate shmb Locations IEKEKI Typical) SI MAP: FIRST AMENDED J. TODD MITCHELL ACTIVITY ENVELOPE AND SITE PLAN \ :• Y AV AEHE WALL PT t _ pRew =o FoorErr --_ DESIGN Ate` AVALANCHE WALL EXTENSION FOR BUILDING ANC—, 'KING PROTECTION HEIGHT VARIES 1 r 1 FP' N \ P rXJK \ A A \ ¢�°° \ I a` \ e ® a pe r7 I t4_ \ \ % \ �PAKii ID: L /dS Lbl OU Ulbl PROPERTY DFSCNFTION A PARCEL BEND 4 PORTION OF TEE WESTERLY 310 ACRES OF THE ARITNOE MICRO, TODE, ALSO RNOWN AS THE REVENUE TWNEL N S No IBJ81 OP THE ROARING FORK MMWG DISTRICT AS DESCRIBED ON THE PLAT RECORDED M PLAT BOOK IT AT PAGE In BE THE oFY10E OF THE PITKM On Lt CLERK AND RECORDER TOGETHER =IT A PARCEL OF LAND SITUATED IN SECTION 26, TOW NSHR 10 SOi RANGE 85 WEST OF THE SINCH PRWL'PAL MERIDIAN, COIT"IY OF HIM STATE OT COLORADO SAID PAR EELS BEMG MORE PARTICOLARLY DESCRIBED 11 FOLLOWS COMMENCING AT CORNER NO 4 OF E AID M S NO 18781, A 3'r:'2985 BLM ALL. P, CAPM PLACF, TH EBBE NO2 °1]11 WALONG THE IESTERLI' BOUNDARY OF SAID M S NO 18781 4 DISTANCE OF R 50 FEPT TO A 2'oc U S D 4 ALLTWNUM CAP MARKED ANGLE 10DO NO 5. THE POINT OF NMCFNING THENCE Ni ri A DISTANCE OF 17705 FEET TO A 2': U S D A ALIIMWUN CAP MARKED ANGLE PONE 10, THENCE NNF2 ^ 03 "E A DISTANCE OF 25226 FEET TO 2 k' L' S D A ALLMMUAI CAP MARKED ANGLE MINT 0, THENCE S37 08 A DISTANCE OF 22100 FEET TO A PONT ON ME NORTHERLY BOUNDARY OF SAID MS NO IR78L A 2'1 U S D A ALCMINI,M CAP MARxED ANGLE PONE S L E NO2kIRS THENCE s70 ALONG SAID NORTHERLY BOUNDARY A DISTANCE OF 26812 FEET TO A 2 A' U S D A ALUMMIIM CAP MARKED L S \O 24303 THENCE LFAVPG SAID NORTHERLY BOUNDARY S02 31'00"F A DISTANCE Of N8 29 FEEI TO A POINT ON ME NORTHERLY U S F S BOUNDARY, A 2 r." C 5 D A AT"CAP MARKED ANGLE PONT NO 6. L S NO 24303, THENCE N71`B9'28 "W ALONG SAN NORTRui L S F 8 BUIIWDARY ADISTANCE OF 45119 FEET TO THE PO OF BEGNTING SAID PARCEL CON'TALNMG 2995 ACRES M1to. OR LESS I \ �� \ I NA \ ' N \ p r° ? ° t y � l eFial `_pROFFR7,r /l'lodl� sourdDARr fx / I 11 1 � s AREA BLOWUP: VICINITY MAP: 6 0 JItIi =4 / / / / \SETBACK- G / I The purpose of this site plan Is to amend the plan recorded at B. 91, P. 84 to allow for the development of an extended avalanche mitigation wall Intended to protect the accessory structure and auto court SCALE ATTACHMENT fr i aw Afroi eiWOK W1 / ATTACHMENT fr i aw Afroi eiWOK W1 ATTACHMENT . 7 DESIGN AVALANCHE LOADING CRITERIA EXTENSION OF MITCHELL AVALANCHE WEDGE 786 MIDPd`sGHT MINE ROAD PITKIN COUNTY, COLORADO Prepafe'd For Mr Todd Ailehelf P:GjDi frw(j :'V Arthur i Nlear, P E., Inc. Gunnacn ;'o ry-ado Augu3t, 2010 6 iJ t2 Arthur I. Mears, P.E., Inc. Natural Hazards Consultants 555 Courrty Road 16 Gunnison. CO 81230 Tel /fax: (970)641 -3236 August 28, 2010 Mr. Todd Mitchell Vsa email Re: Wedge Extension — Avalanche design - loading criteria Dear Mr, Mitchell: As requested by Monty T hempson, the foAowing report describes loading and size criteria 5cr the proposed extension of the existing splitting wedge above your house and metal building at 788 Midnight Mine Road in the Castle Creek valley. Please contact me if you have any questions. Sincerely, Arthur I. Mears, P E. Avalanche - control engineer 2 .U' J,i , 13 1 OBJECTIVES, LlMlTATIC' iS , kPtu PPUE ijOUS WORK QWtSgly As regrjested bV f.4ority a 1 ";Go ri✓; ' r: and Matthew Langhorst. (Roaring Fork Cavil Consultants, Inc. and T hun lar `,orstruction) this report has the following ob,lecrives: a. Cornputation of dL>s"n a is ;,enr ;t',s IURids on a proposed northward extension of tha e:,i:nr:q ip ;; » %eedga; b. GetOrminaticn of re-.7 +,;;,;.d wall heights and storage volume obtairt�d behind the wall, c. evaluation of the rFd-1.-r.•; of ;:�� flom avalanches to the prritnctsr area West of U^•a %vFF i £Ai`..>I' ? ;,"�,ri, i rritations . The following unuerstood by all those relying on the resutta o` this report' a. General , You as reny ctLaan7 - knrsw that while our company can and does atterr;)t to not ---, , imj-i r;rcfessionai standards, the state of scientific and englne&riny knG-Allftiga is incomplete, and does nrt always permit a&rt;airtt,j "r ;L - c�r;plex Phenomena involved in avalanches canna* hra fy e °agivated and predicted, and methods used to predict avalan ^ .e GFa.dor Change as new research beocrr+es available. While vwe curt ay,,, „, r�vr our best professional judgment, vm cannot and do r:et cfi2r .,n'd ':,r s r+ty or guarantee of resuNs. b. Site spetxnc ,i) —IrNc art, rYsiz; lt:2a :.onsidered the Current terrain and forest raver. Any si;nifiic: r,2 avalanche hazard. c,anges to these may orange the c - Site specific (ii) - The 3 0 0 r.9 J oge and the proposadt exten €ion to rt are intended to prataei ;he n-a n nxousse, the metal shed. and the parking area east of the hoc:se and sned. Other areas on the prope ly may be danWous at ti=ns of high avalanche hazard. We reccmrtx'rc this danger be rn nimised „ r `rc-ediitg all offidal avalanche advisories and/or warnings and Tl.ro-JP h .elf education about the avalanche Phenomena. The areas per and (uphill of) the wedges may be particularly dangef^us &-,9 -n from refativeiy small and frequent avalanches because snc) rnaY ca7+lect behind the structure and may expose people to risk Previous work This report is based. ;n Part, oft the findings of two previous studies we have completed starnrig ri 2CC8 ( 1) SNOW AVALANCHE HAZARD MITIGATION DEFENSE STRUCTUPt :;>v"T70NS 3 DESIGN PARAMETER S MITCHELL RESIDENCE MIDIJlr;; ?; 4-41J ROAD PITK/N COUNTY COLORADO, by Mears 3 Wabur. DI�c ;;niba, Ali?, and (2) SNOW AVALANCHE HAZARD ANALYSIS AND MITiCAT;i -)N CONCEPTS MITCHELL PROPERTY MIDNIGHT MINE ROAD, PI TICIPI L( I y COI ORADO by A I Msers, P F Inc, (S ternber, 2008). Thews 3 u ;e_ 11Vfine she avalanche hazard and j 0') v 's : fxltential risk in more detail and may be consulter] if needed AJI limitations discussed in these previous reports apply to this report. 2 PROPOSED WEDGE EXTENSION To THE NORTH We have considered I"* proposed wedge extension shown on Figure 1. The location and orientabon were determined by the contractor based on site constraints and previous avalanche studies. This extension was considered during a situ visit in early August, 2010. The proposed wedge extends in a northward direction from the eAsting wedge to beyond the northam edge of the existing metal shed. Two design parameters differ from those of the existing wedge: (1) the deflecting angle with respect to avalanches is 10 to 15' larger and (2) a snow storage area is not proposed on the northern end of the wedge extension because of Piddn County restrictions on slope disturbance. These modify the avalanche impact with the wedge as discussed in Section 3. 3 DESIGN AVALANCHE AND WEDGE DESIGN We have assumed the same design avalanche release conditions as in the Previous reports referenced in Section 1. Modifications to the terrain immediately above the wedge were assumed in avalanche- dynamics calculations and are baste+ on the as -built topography in place during the August, 2010 site visit. We also assumed the flowing snow avalanche becomes compressed to a densrty of 300 kglm' in the narrow space between the slope to the east and the proposed deflector. Flow height and impact pressure will becorne increased in this area and have been considered in design. The following avalanche design parameters apply during impact with the deflecting wedge exten &on: ! mpact velocity- 11 7 rrys (38 ft/sec), Flow height - 1.95 m (5.4 ft); Effective snow depth on ground (1/2 snow depth) - 1.Om (3.3 fty Climbing height on wedge - 4 m (13 ft), Irnrract pressure on wedge - (see Figure 2). Deans sccrage volume — 870 cu. yds. 0011;}iJ I y r_ w ¢ Y. I F v� 4 �x 2 - � J z y � f d r 4 _ C I I r_ w ¢ Y. I F v� 4 �x 2 - � J z y � f d r ry �tah� Figure 2. Normal impact pressures on proposed wedge, shear is equal to 50% of normal pressure shown and acts over the same area. We nxxx mend an increased and constant wedge height of 15 feet starting at the northern and of the existing wedge to the end of the proposed wedge extension shown in Figure 1. The constant height differs from the design of the existing wedge which decwses in height in a northern direction. The additional height in the Proposed wedge is required because cutting of the exist ground to form a storage area is not penrutted on slopes > 45% in Pitkin County- 4 RESIDULF RISk The existing wedge and pn)posed wedge extension are intended to protect the builci!ngs and terrain directly below and to the west. They are also intended to protect people in these areas. It is not intended to protect the driveway, terrain above the house, area dir ectly above the existing and proposed wedges or people within these areas. Avalanche risk in these areas is discussed in `Uraitation 1C' on page 1 of this report. Please contact me if you have arty questions. Sincerely, Arthur I. Mears, P E. Avalanche - control engineer 30® I =7 z a l < !lI SSS $ z ` � 1 g m 9 6 j"J t.S m tQ V - J l i g s i V - J l v 91 N ISO m I r sI r a r v �Dlz I Y I e Y I I a a �4 F / m o 9 s z 2L m I r sI r a r v �Dlz I Y I e Y I I a a �4 F / m o 9 ATTACHMENT-1 PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff PHONE: (970) 920 -5093 LOCATION: 786 Midnight Mine Road PARCEL ID #: 273526100015 APPLICANT: Todd Mitchell REPRESENTATIVE: Glenn Horn DATE: 8/25/10 E -MAIL: suzannew(o)co.pitkin.co.us ZONE: AR -10 SIZE: approx 2.5 acres EMAIL: ghorn @rof.net Type of Application: Minor Amendment to Development Permit Description of Project/Development: The Applicant proposes to amend the activity envelope and to extend the avalanche mitigation wall to protect the accessory structure and parking area. Land Use Code Sections to address in letter of requestiapplication: ➢ 2- 20- 150.b: Minor Amendment to Development Permit ➢ 7- 20 -10: Site Preparation and Grading ➢ 7- 20 -20: Steep and Potentially Unstable Slopes ➢ 7- 20 -30: Water Courses and Drainage ➢ 7- 20 -50: Geologic Hazards — Avalanche ➢ 7- 20- 120(d): Development within Scenic View Protection Areas (exempt if not visible from Castle Creek Rd) 7 -20 -130: Landscaping and Vegetation Protection Review by: Community Development Director Public Hearing? NO Staff will refer the application to: Maroon /Castle Creek Caucus, Colorado Geological Survey, Planning Engineer FEES: $1,897 (make check payable to " Pitkin County Treasurer ") $1,248 Planning flat fee (non - refundable; based on 4 hours of staff time; if staff review time exceeds 4.8 hours, the Applicant will be charged for additional time in excess of 4 hours at a rate of $312 /hour) $624 Planning Engineer $25 Clerk Technology Fee A separate review fee will be required to be paid directly to the Colorado Geological Survey. To apply, submit 1 copy of the following information, unless noted otherwise: 1. Letter of request, summarizing prior approvals and addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; 2. Amended activity envelope /site plan (24 x 36 and 11 x 17) 3. Technical Reports as designated in Section 2.1.12 of the Application Manual (as applicable) 4. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Application Manual 5. Consent from the owner of the property for the representative to process the application and represent the owner (1 copy); ut� l X50 6. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 7. Street address and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County; 8. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (form attached); 9. This Pre - Application Conference Summary Sheet. NOTES ➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. ➢ ALL MAPS SHALL BE FOLDED. ➢ This pre- application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 00 l`j51 ATTACHMENT C1 '-P� F;- pAyvi_px GEOTECHMfCAL August 19, 2010 Todd Mitchell 1280 Ute Avenue, Suite 7 Aspen, Colorado 81611 Job No. 109 022A Subject: Review of Existing Cut Slope, Proposed Extension of Avalanche Wall, 786 Midnight Mine Road, Pitkin County, Colorado Dear Todd: As requested by Matt Langhorst, we met with him at the site to observe the existing steep cut slope in the area of the proposed avalanche wall extension above the existing metal shed north of the residence. We previously conducted a subsoil study for design of foundations for the avalanche wall at the site and presented our findings in a report dated April 9, 2009, Job No. 109 022A. The existing avalanche wall will be extended north about 60 feet to protect the area of the existing metal shed. We understand that construction of the avalanche wall footing will encroach into the steep cut slope on the uphill, east side of the wall. The natural terrain directly above the proposed avalanche wall extension slopes down to the west at grades of 50% to 60 %. These areas will not be disturbed by the new construction. The avalanche wall extension will be located in the alignment of an old trail/cartpath which is about R to 10 feet wide and originally curled up from the north end of the existing driveway to the uphill side of the house. There is a 3 to 4 foot high cut slope on the uphill side of the trail/cartpath which is man -made and was likely created when the path was originally cut in. The slope of the cut is about 100% (1 to 1). The cut is weathering, appears to have eroded and is mostly free of vegetation. We understand that after wall construction, the area between the cut slope and the new portion of the avalanche wall will be graded and revegetated to provide drainage for surface runoff around the north end of the wall. JU i ;52 Todd Mitchell August 19, 2010 Page 2 The recommendations submitted in this letter are based on our previous experience at the site. We should be advised of any variations encountered in the excavation conditions for possible changes to recommendations contained in this letter. If you have any questions or need further assistance, please call our office. Sincerely, HEPWORTH — PAWLAK GEOTCHNICAL, INC. Daniel E. Hardin, PT. "t";' .> fr1,4( ; Rev. by: SLP 'S, DEHiksw cc: Structural Engineering Services - Michael J. Thele, P.E. (thelepe@wildblue.net) Thunder Construction— Attn: Matt Langhorst (roaringforkec @gmail.com) Erik Burlingame (erik@erikburlingame.com) lob No. 1109 022A C�Ptect .jo j 53 ATTACHMENT 10 J. Todd Mitchell 1280 Ute Avenue Suite 7 Aspen, CO. 81611 September 7, 2010 Suzanne Wolff AICP Pitkin County Community Development Department 130 South Galena Street Aspen, CO. 81611 RE: Land Use Application for 0786 Midnight Mine Road; Parcel ID 42735 - 261 -00 -015 Dear Joanna: This letter authorizes Davis Horn Incorporated to prepare and submit a land use application for my property at 0786 Midnight Mine Road. The application is for a minor amendment to a development permit. Please contact me if you have any questions. Thank you. Sincerely J. TODD MITCHELL Owner �� ) i ATTACHMENT 11 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY ") and (hereinafter "APPLICANT ") AGREE AS FOLLOWS: APPLICANT ha submitted to COUNTY an application for M i W Amend0 !i ROMIlf Mrs (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 ful� fees prior to a determination of application completeness, APPLICANT shall pay abase 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 Cindy Houben Community Development Director J'. Tod ' M ( "APPLICANT ") By: k k " i o - ?• TO" MHAJ- Print Name and Title (if applicable) * l X48°• Plar�tiKJ 4:L4 j° Etii nth � � Q qq ov Tafp� l Date: q 0 1 - 2 Mailing Address: t, nom 7 , S u tl�Q j ;; !."55 ATTACHMENT #12 PROPERTY OWNERS WITHIN 300 FEET OF THE MITCHELL PROPERTY AT FOR PUBLIC NOTICE PURPOSES Castle Creek Valley Ranch Lot 15 LLC 5151 San Felipe #400 Houston, TX. 77056 1CH LLC 19501 Biscayne Blvd. #400 Aventura, FL. 33180 USFS Forest Supervisor • :. • l i Glenwood Spring, CO. 81602 Source: Bridgette Kelly GIS Department, Pitkin County r� v � ,J PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 September 21, 2010 Glenn Horn 215 South Monarch Street, Suite #104 Aspen, CO 81611 ornkrofnet Re: Mitchell Minor Amendment to a Development Permit (CASE P079 -10; PID 2735- 261 -00 -015) Dear Mr. Horn: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093. Sincerely, Bonnie Waechtler Administrative Assistant PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 MEMORANDUM To: Pitkin County Engineer Colorado Geological Survey Maroon/Castle Creek Caucus FROM: Suzanne Wolff, Community Development Department Suzanne.wolffAco.pitkin.co.us Re: Mitchell Minor Amendment to a Development Permit (PID 2735- 261 -00 -015; Case P079 -10) DATE: September 21, 2010 Attached for your review and comments are materials for an application submitted by Todd Mitchell. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, October 8, 2010. http : / /www.aspenpitkin.com/Portals /0 /does/ county /Com %20Dev/Planning/Land_Use_Ap plications /.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie .waechtlerkco.pitkin.co.us or 920 -5109. Thank you. IjZ County Project Name Ar r "Zml\ 1 (or Applicant's Authorized Representative responsible for paying CGS - review fee) Name Adclm Ph. No. 196 10 V Fax r /4, m, A /4 Section(s) Township Range FEE SCHEDULE Reviews for Counties Small Subdivision (> 3 dwellings and < 100 acres) ....... $700 Large Subdivision (> 100 acres and < 500 acres) .... ...... ...... ................ . $1,550 Very Large Subdivision (500 acres or more) .......... ..... ....... ......... ........ . $2,500 Very small residential subdivisions (1 -3 dwellings and < 100 acres) ...................$590 Reviews for Municipalities . .............. ..... ....... .......At hourly rate of reviewer Special Reviews ..... ..... ................... ..... ........ .......At hourly rate of reviewer School Site Reviews .............................. ...........................$855 CGS LAND USE REVIEWS Geological studies are required by Colorado counties for all subdivisions of unincorpo- rated land into parcels of less than 35 acres, under State statute C.R.S. 30 -28 -101 et seq. (Senate Bill 35,1972). Some Colorado municipalities require geological studies for sub- division of incorporated land. In addition, local governments are empowered to regu- late development activities in hazardous or mineral- resource areas under C.R.S. 24 -65.1- 101 et seq. (House Bill 1041,1974) and C.R.S. 34 -1 -301 et seq. (House Bill 1529,1973), respectively. Local- government agencies submit proposed subdivision applications and supporting technical reports to the Colorado Geological Survey "...for evaluation of those geologic factors which would have significant impact on the proposed use of the land," in accor- dance with State statutes. The CGS reviews the submitted documents and serves as a technical advisor to local - government planning agencies during the planning process. Since 1984, the CGS has been required by law to recover the full direct cost of perform- ing such reviews. The adequate knowledge of a site's geology is essential for any development project. It is needed at the start of the project in order to plan, design, and construct a safe devel- opment. Proper planning for geological conditions can help developers and future owners /users reduce unnecessary maintenance and /or repair costs. Colorado Geologmal Survey white copy to CGS 1313 Sherman Street, Room 715, Denver, CO 80203 Ph 303 - 866 -2611, Fax 303- 866 -2461 Yellow copy to Planning Agency http 11geosurvey state co us Pink copy to Applicant --1ro v�aroa COLORADO GEOLOGICAL SURVEY SUBMITTAL FORM FOR LAND -USE REVIEWS PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX4 (970) 920 -5439 MEMORANDUM To: Suzanne Wolff FROM: Catherine Berg, Planning Engineer Re: Mitchell Minor Amendment DATE: September 28, 2010 After reviewing the application I propose the following conditions: Y A detailed drainage and erosion control plan shall be submitted with each development permit. All historic and natural drainage patterns shall be maintained. Y A detailed revegetation plan will be required. The plan shall speak specifically to the revegetation of steep slopes and shall include a tree mitigation plan. The tree mitigation plan shall be submitted for the removal of any trees larger than six (6) inch DBH. The plan shall be reviewed and approved by Pitkin County Community Development. Y The applicant shall submit a detailed Construction Management Plan with each development permit that addresses all phases of construction. Y The applicant shall provide adequate engineering of any retaining walls over four (4) feet in height and /or any improvements to walls over four (4) feet in height. All retaining walls should be a maximum of seven (7) feet tall. The application may be required to obtain a variance through the Board of Adjustment. Y All avalanche mitigation devices shall be adequately engineered and shall comply with Art Mears report dated August, 2010. The applicant shall provide engineered drawings at permit and shall obtain an engineer to approve the as -built condition prior to CO. I C.J I STATE OF COLORADO COLORADO GEOLOGICAL SURVEY-- ..r'ur+ t „ "r1+s•. .lCr�l „rlr October 13, 3010 Ms. Suzanne Wolff Pitkin County Community Development 130 South Galena Street Aspen, Colorado 81611 Susanne � %oltl rr co mtkin CO us Re: Mitchell 1041 Activity Envelope Amendment Review, CGS PI -11- 0003_1 Dear Suzanne: COLORADO i ItIP \11I \11 \I cH NATURAL I ISOUltt' . .v�. t:, Thank you for the submittal of the abode referenced proposal. The proposal is to expand an existing avalanche mitigation structure so that a shed and part of driveway are protected against avalanches. CGS reviewed the plans for the existing wall in 2009. It is my understanding that the county considers the site a blue or moderate hazard. The original avalanche and geotechnical reports submitted in 2009 were supplemented with additional information. Of particular concern is the stability of the slope above the home and where avalanche mitigation is proposed. A revised letter, addressing stability, from HP Geotech, was sent to me on October 12”. The letter states that there should be no construction - related instability if the slope above the wall extension is not disturbed during construction. The avalanche modeling and assumptions used in the design of the wall extension appear to be feasible for site conditions and the intended use. All other recommendations outlined in the various reports, submitted with the original application in 2009 and with the amendment are prudent and should be followed. In summary. 1 believe that the amendment is feasible but it will be important that detailed foundation design and construction plans are reviewed prior to construction. Improper construction could result to slope instability or in failure of the wall extension or the entire avalanche mitigation structure. Please contact me if you have any questions or concerns. I can be reached at 303.866.2018 or by email at Garen be"rN a statexo.us. Sincerely, Karen A. Berry Geological Engineer, PG, AICP, CPESC -SWQ V lam) t August 19, 2010 Revised October 12, 2010 Todd Mitchell 1280 Ute Avenue, Suite 7 Aspen, Colorado 81611 Job No. 109 022A Subject: Review of Existing Cut Slope, Proposed Extension of Avalanche Wall, 786 Midnight Mine Road, Pitkin County, Colorado Dear Todd: As requested by Matt Langhorst, we met with him at the site to observe the existing steep cut slope in the area of the proposed avalanche wall extension above the existing metal shed north of the residence. We previously conducted a subsoil study for design of foundations for the avalanche wall at the site and presented our findings in a report dated April 9, 2009, Job No. t09 022A. The existing avalanche wall will be extended north about 60 feet to protect the area of the existing metal shed. We understand that construction of the avalanche wall tooting will encroach into the steep cut slope on the uphill, east side of the wall. The natural terrain directly above the proposed avalanche wall extension slopes down to the west at grades of 50% to 60 %. "These areas will not be disturbed by the new construction. The avalanche wall extension will be located in the alignment of an old trail/cartpath which is about 8 to 10 teet wide and originally curled up from the north end Of tile existing driveway to the uphill side of the house. There is a 3 to 4 loot high cut slope on the uphill side of the trail /caitpath which is man -made and was likely created when the path was originally cut in. The slope of the cut is about 100 %, (1 to 1). The cut is weathering, appears to have eroded and is mostly tree of vegetation. We understand that after wall construction, the area between the cut slope and the new portion of the avalanche wall will be graded and revegetated to provide drainage for surface runoff around the north end of the wall. Z Todd Mitchell August 19, 2010 Revised October 12, 2010 Page 2 Based on the proposed construction and our observations at the site, the avalanche wall can be extended without adversely impacting the overall slope stability. Detailed structural plans should be submitted at building permit. We should be advised of any variations encountered in the excavation conditions for possible changes to the conclusion contained in this letter. If you have any questions or need further assistance, please call our office. Sincerely, HEPWORTH — PAWLAK GEOTECHNICAL, INC. Da Re DEH /ksw cc: Structural Engineering Services - Michacl .I. Thele, RE (t lie lepe @wildblue.net) Thunder Construction — Attn: Malt Langhorst (roarnngforkcc(a, ' F'rik BUI 1111game (eril<(cucrikhurlingame.com) 3 PITKIN - '3UNTY COMMUNITY DEVELe ,,, nMENT Permit Receipt RECEIPT NUMBER 00029822 Name: TODD J MITCHELL Date:9/15/2010 Project Address: 786 MIDNIGHT MINE RD Type: check # 1250 Permit Number Fee Description 0079.2010.PLAN PP- Flat Fee 0079.2010.PLAN PP- Clerk Tech Fee 0079.2010.PLAN PP- Planning Eng Referral Fee Total: Amount 1,248.00 25.00 624.00 1,897.00 PB6PTIONX. 574464, 10/19/3010 a 911 00 9aaac. K VosCautlall. PatRan County 3 CO I PLAT 8K 0 9< 1 PG 95 1 t!I �JC s% 9" ±y mi n a 4 1 n m "1 d O _ 3 R g 3 q ;n �7 ;, . ;• .1 a a A i 1 - � d B. ' - 2 A " R p ry .a 11 • tM 1. 1 t w r r H N ' 9 d n ,L � :. F' r 4 9, a O a a n A q v i Z. - M e U 4 c " 1 o a " a n R Da n ' 'i' Z °'_ 'L 4 u !,L..- F d 3 Y; n a ° 2 3 3 `! 2 i.:- n — �� 6' m K ,°. IJ N T. A s,l eel ' ":v. 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