HomeMy WebLinkAboutpitkin.planning.264534110001DOCUMENT 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)
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY COLORADO, GRANTING APPROVAL OF NORTH ENTERPRISES TRUST
MAJOR PLAT AMENDMENT & SPECIAL REVIEW FOR AN EMPLOYEE DWELLING
UNIT FOR LOT 12 OF WILDCAT RANCH
Resolution No. 98 -��
North Enterprises Trust, hereinafter "Applicant" is requesting that the Board of County
Commissioners, hereinafter `Board", grant approval of a major plat amendment for Lot 12 of
Wildcat Ranch.
2. The Applicant requests approval of an amendment to the Wildcat Ranch Exemption Plat
in order to create an accessory building envelope and Special Review approval for an Employee
Dwelling Unit on Lot 12. The Applicant proposes to construct a barn, an indoor riding arena, and
the employee dwelling unit in the accessory envelope.
3. The Board heard this application at a regularly scheduled meeting on March 11, 1998 at
which time evidence and testimony was presented with respect to this application.
4. The Board finds that the Applicant's proposal complies with Pitkin County Land Use Code,
provided the conditions of this document are adhered to.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Pitkin County, Colorado that it does hereby approve the North Enterprises Trust
Major Plat Amendment and Special Review for an Employee Dwelling Unit, subject to the
following conditions:
The Applicant shall adhere to all material representations made in the application
and in the public meetings.
2. Prior to building permit application, the Applicant shall record a 24 x 36 inch rriylar
amended plat which meets the approval of the Community Development Department and
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Resolution No. 98- S
Page 2
County Attorney. The plat shall also be submitted in digital format on a IT diskette to the
Community Development Department, prior to the issuance of a building permit. The plat
shall include the following 1041 Hazard Review Warning and Disclaimer:
"The provisions of these regulations do not in any way assure or imply that
areas outside of designated hazard areas will be free from hazards, or that
approved mitigation measures will guarantee the safety of any property."
a. The amended plat shall depict the access and utility easement in a location
consistent with the existing access driveway.
b. The amended plat shall depict an accessory building envelope and a
primary building envelope, as represented in Exhibit A.
C. The consent of the Wildcat Homeowners Association shall be secured prior to
recording of plat.
3. The Applicant shall comply with the following wildlife mitigation measures:
a. Construction workers shall not be allowed to have dogs on -site during the
construction phase of the project.
b. Fencing shall be a maximum height of 42 ", 4 strands or less with a 12" kickspace
between the top 2 strands. Any rail fencing shall be the round type, 48 ", 3 -rail or
less with at least 18" between 2 of the rails. Fencing shall be only allowed within or
on the perimeter of the accessory building envelope.
C. Native vegetation shall not be disturbed outside the building envelope, except as
required for the access driveway and the implementation wildfire mitigation
measures. Vegetation within the envelope shall be preserved as much as possible to
screen the residence from Snowmass Creek Road.
d. The fenced areas defined for the horse operations are limited to 6.5 acres in size and
shall be delineated on the plat. Horse grazing shall be confined to the fenced areas
delineated on the plat. Haystacks shall be fenced at the owners expense and shall be
fenced with 8 -foot mesh fencing to prevent game damage.
e. All utility extensions shall be buried in the access driveway.
£ All garbage/trash shall be kept within approved bear -proof garbage containers.
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Resolution No. 98 -/ 7
Page 3
g. Fencing of up to 6 feet in height in building envelope 12B shall be limited to the
area around the proposed tennis court(s), and landscaping adjacent to the existing
residence.
h. Gates shall be installed in the fence enclosing the 2.5 acre pasture west of
Snowmass Creek. At least two, approximately 10 -foot wide gates (i.e., one section
of fencing between posts), shall be located on the west, south, and east sides of this
pasture. Gates shall be located in areas of existing trails approaching the pasture
and/or evenly spaced along each side of the pasture and left open outside the period
when horses are present.
i. Horse grazing in the 2.5 acre pasture west of Snowmass Creek shall be confined to
the period of May 15 to November 15, or until one week after the end of the fall
hunting season, whichever is later. Any horse kept on the property between
November 15 and May 15 shall be confined to the accessory building envelope and
new one acre pasture adjacent to it. It shall be recognized that all horse feeding
required during this period will have to be supplementary provided.
4. Wildfire mitigation for all development within the accessory building envelope shall be as
follows:
a. All vegetation shall be removed within 10 feet of proposed structures. This
"defensible space" area shall be maintained in mowed grass or non - flammable
material, such as decorative rock or gravel.
b. All branches from trees and brush within a 30 -foot perimeter of all structures shall
be pruned to a height of 10 feet above the ground.
C. Tree crown separation within a 30 -foot perimeter of all structures shall have a
minimum of 10 feet between the edges of the crowns.
d. All branches which extend over the roof eaves shall be trimmed and all branches
within 15 feet of the chimneys shall be removed.
e. Roofs and gutters shall be kept clear of debris.
f. Yards shall be kept clear of all litter, slash, and flammable debris.
g. Firewood shall be stacked on a parallel contour a minimum of 15 feet away from
any structure.
h. At least one ten pound approved ABC class fire extinguisher shall be placed
111111111111111111111111 IIIII1111111 HE III 111111111 IN OU0003
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4,/
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Resolution No. 98 -�
Page 4
in a visible and accessible location for each structure.
i. Fences shall be kept clear of brush and debris.
j. Wood fences shall not be connected to the structure.
k. Fuel tanks shall be installed underground with an approved container.
Roof construction shall be Class A, non - combustible material with no flat
roofs.
m. All vents shall be screened with corrosive resistant wire mesh of one quarter
inch (114") maximum.
n. Addresses shall be clearly marked and visible with minimum 2" letters.
o. Maintenance of the "defensible space" shall be required in order to retain it's value
as wildfire mitigation.
P. Any additional buildings shall incorporate wildfire mitigation measures.
5. Prior to the issuance of a building permit, the Basalt & Rural Fire Protection District shall
inspect the existing bridge to assure that it is suitable for fire department vehicles.
6. The septic system designed for the site shall meet the approval of the Environmental Health
Department. The Applicant shall obtain such approval, prior to the issuance of a building
permit.
7. The Applicant shall provide information to the Environmental Health Department
documenting that the well location can meet setback requirements from the septic systems,
and that the quantity and quality of the well water is adequate for the proposed uses, prior
to the issuance of a septic permit.
8. The Applicant shall obtain a fireplacetwoodstove permit from Environmental Health
Department, prior to the issuance of a building permit.
9. The disturbed areas within the building site, and disturbed areas associated with the water
diversion system, shall be revegetated with native grasses to limit water consumption and
additional runoff, immediately following project completion.
10. All development, including grading, and septic systems, shall occur within the revised
building envelopes, except for grading necessary to construct the access driveway for the
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Resolution No. 98 -2�
Page 5
accessory envelope. The Applicant is allowed to install only native plant species outside of
the building envelopes, provided such plantings do not significantly change the existing
character of the land.
11. The Applicant shall adhere to the following standards for development on slopes:
a. Adequate mechanical support shall be provided for cut slopes.
b. Adding water which may decrease slope stability shall be avoided.
C. Adding weight to the top of the slope shall be avoided.
d. Disturbed slopes must be contoured so that they can be revegetated.
e. Steepening of existing slopes shall be avoided.
f. Confine cuts, fills, grading and excavation to the minimum area needed for
construction.
12. The Applicant shall implement temporary sedimentation control measures during
construction of the water diversion system to minimiz impacts to Snowmass Creek.
13. The Applicant shall obtain a Development in the Floodplain Permit from the County
Floodplain Administrator, prior to the commencement of construction of the water
diversion system.
14. A driveway plan shall be submitted to the County Engineer for approval, prior to the
issuance of a building permit. The plan shall depict curvature, centerline gradient, and
cross - sections of areas with any significant cuts or fills.
15. The Applicant shall file an Employee Dwelling Unit deed restriction with Housing
Office, prior to the issuance of a building permit. Said deed restriction shall be
recorded by the Applicant with the Country Clerk and Recorder, also prior to the
issuance of a building permit.
16. The kitchen in the existing caretaker's unit within the primary residence shall be
removed, to the satisfaction of the Community Development Department and the
Housing Office, prior to the issuance of a Certificate of Occupancy for the Employee
Dwelling Unit.
17. The Applicant shall comply with the provisions of Resolutions No. 90 -154, 91 -176, and
92 -389 unless otherwise replaced or amended by the conditions of this approval.
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Resolution No. 98 --
Page 6
18. Written approval of Pitkin County shall be required, prior to any annexation of the
subject property into the Town of Snowmass Village.
APPROVED AND ADOPTED ON THE 11H DAY OF MARCH, 1998
Jeanette Jones,
Deputy Clerk and Recorder
APPROVED AS TO FORM:
7 Jo hn Ely,
omey
case #:p83 -97
parcel #:2645- 341 -10 - 001
1 111111 11111 111111 Ililil IIIII IIIII 11111 III IIIII IIII Ilil
418448 06/25/1988 03:53P RESOLUTI ORVIS SILVI
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BOARD OF COUNTY COMMISSIONERS
OF PITHIN COUNTY, COLORADO
By 11 A
Dat D rothea Far3ys' , Chairman
:e �S
APPROVED AS TO CONTENT:
1/1 YG I - 6.
Cindy Houben,
Community Development Director
000006
Mar. 16. 1998 1:38PM
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WI L D C A T R A N C H
No. 2498 P. 1/1
Post -K' Fax Note 7671
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March 13, 1998
To Wham It May Concern
The Wildcat Ranch Association hereby approves the envelope dWWs to
Homestead 12 as presented by Gideon .Kaufman on March 11, 1998.
If you a have any questions, please feel free to contact me at your convenience_
Qw 4
Bill Hegberg
President
Wildcat Ranch Association
WILDCAT ■ARCH ASSO Ct AT ION
097 5 `RI L DCAT NAT • P.O. BOX 8 T<
SNO`A'MASS, COLORADO 51
TEL I n s 9 2 3- C 8 n 1 F ,x 9 0 3 923 E 1 5 1
U V006
AGENDA ITEM SUMMARY
TO: Board of County Commissioners
Regular Meeting- March 11, 1998
SUBJECT: North Enterprises Trust Major Plat Amendment
THRU: Cindy Houben, Community Development Director
FROM: Rick Magill, Senior Planner
APPLICANT: North Enterprises Trust
REPRESENTATIVE: Gideon Kaufman
BACKGROUND: At the time the County approved the Wildcat Ranch Subdivision
Exemption Plat, two alternative building envelopes (12A & 12B) were approved. The
previous owner of Homestead 12 chose Building Envelope 12B and constructed a
residence on it, therefore, Building Envelope 12A is not presently available for
development. The Wildcat Ranch Subdivision Exemption Plat was approved pursuant to
Resolutions No. 90 -154, 91 -176, and 92 -389, attached.
PROPOSAL: The current owner of the property does not feel that Building Envelope
12B is suitable for the additional uses planned for the property (a barn, an indoor riding
arena, an employee dwelling unit, and corrals). Envelope 12B contains the existing
residence. The remaining land in Building Envelope 12B is rolling, with slopes of up to
30 percent, and is heavily treed (aspen). The area of the previously approved Building
Envelope 12A is an open meadow area. The slopes in the proposed envelope are about 10
to 20 percent. The envelope is primarily vegetated with sage and various grasses. The
applicant is proposing to reduce the size of the primary building envelope (12B) in a
comparable amount to the size of the proposed accessory envelope (12A).
The applicant is also proposing to construct a water diversion system on Snowmass Creek
which runs through the subject property. The diversion system will consist of a 4 -foot
perforated concrete sump at the edge of the Creek with a small pump shed above the base
flood elevation. The water lines will be buried and extended to a water distribution
system for irrigation. The water rights were secured, pursuant to Case #96 CW 342, from
the Colorado State Water Board.
OUTSTANDING ISSUE: The Applicant indicated at the Planning and Zoning
Commission meeting that an area of undetermined size would be fenced for horse
operations. Staff and the County Wildlife Biologist recommended that any fencing be
limited to the proposed accessory building envelope (approx. 5 acres). The P &Z
recommended that the Wildlife Biologist and the Division of Wildlife define the areas to
be fenced for horse operations, prior to BOCC review.
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Randy Cote of the Division of Wildlife investigated the conditions of the Wildcat Ranch
Subdivision approvals and the Wildlife Management Plan to determine if there are
limitations on Homestead 12, with respect to livestock/horse grazing. Mr. Cote indicated
in an e -mail message that the Applicant's proposal to develop Building Envelope 12A
defeats original purpose of a single envelope selection. The purpose was to give the
owner a choice of building sites, yet preserve as much habitat as possible on any given
lot. The goal in the development of the Ranch was to preserve open space and provide
places for wildlife that were undisturbed. The County approval of the Wildcat
Subdivision included a "common area" for horses located on the main Ranch. The DOW
is not in support of any effort to rejuvenate or create new pastures that have not been
utilized in the past fifteen years. Mr. Cote indicates that there is an existing 2.5 acre
irrigated pasture adjacent to the County Road that could possible accommodate 2 -3
horses on this site.
The Applicant has submitted a report prepared by Rick Thompson, Certified Wildlife
Biologist, which addresses Mr. Cote's concerns. Mr. Thompson, does not disagree with
Mr. Cote regarding the intent of the Wildcat Ranch Wildlife Management Plan. Mr.
Thompson does point out that all the other Wildcat Ranch lots, pursuant to their
annexation into the Town of Snowmass Village, are allowed without further review an
additional development activity envelope containing a barn and/or a caretaker dwelling
unit, provided that the envelope does not exceed 10 acres in size, is adjacent to pasture
lands and meets other criteria. The Wildcat lots in Snowmass Village are not required to
reduce the size of the primary building envelope when an accessory envelope is
established. Mr. Thompson goes on to state that the Applicant's development proposals
"would not significantly affect or significantly compromise existing or future wildlife use
of the property or surrounding area ", provided that specific recommendations are
followed (see attached Thompson letter, Page 3, 1 -8). Mr. Thompson's recommendations
include, but not limited to, limitations and provisions for the use of an existing pasture
west of Snowmass Creek, and the revision of the accessory building envelope to avoid
disturbance to an existing mature aspen grove.
Staff understands that Randy Cote, Rick Thompson and Mike Villa will attend the BOCC
meeting to discuss these issues.
RECOMMENDATION: Staff recommends that the Board of County Commissioners
approve the North Enterprises Trust Major Plat Amendment, subject to the conditions in
the attached resolution.
ATTACHMENTS:
1. draft resolution
2. November 11, 1997 Staff memo to P &Z w /attachments
3. Randy Cote e-mail letter
4. Rick Thompson letter w /revised building envelope
1)
0-0000
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Rick Magill, Senior Planner
SUBJECT: North Enterprises Trust Major Plat Amendment
DATE: November 11, 1997
APPLICANT: North Enterprises Trust
REPRESENTATIVE: Gideon Kaufman
REQUEST: The applicant requests approval of an amendment to the Wildcat Ranch
Exemption Plat to create an accessory building envelope on Lot 12. The applicant wishes
to construct a barn, an indoor riding arena, and an employee dwelling unit in the
accessory envelope.
BACKGROUND: At the time the County approved the Wildcat Ranch Exemption Plat,
two alternative building envelopes (12A & 12B) were approved. The previous owner of
Lot 12 chose Building Envelope 12B and constructed a residence on it, therefore,
Building Envelope 12A is not presently available for development. The Wildcat Ranch
Subdivision Exemption Plat was approved pursuant to Resolutions No. 90 -154, 91 -176,
and 92 -389, attached.
PROPOSAL: The current owner of the property does not feel that Building Envelope
12B is suitable for the additional uses planned for the property. The remaining land in
Building Envelope 12B is rolling, with slopes of up to 30 percent, and is heavily treed.
The area of the previously approved Building Envelope 12A is an open meadow area that
is very suitable for the horse operations. The slopes in the proposed envelope are about 10
to 20 percent. The envelope is vegetated with sage and various grasses. There is a stand
of aspen immediately to the north of the proposed envelope. The applicant is proposing
to reduce the size of the primary building envelope (12B) in a comparable amount to the
size of the proposed accessory envelope.
The applicant is also proposing to construct a water diversion system on Snowmass Creek
which runs through the subject property. The diversion system will consist of a 4 -foot
perforated concrete sump at the edge of the Creek with a small pump shed above the base
flood elevation. The water lines will be buried and extended to a water distribution
system for irrigation. The water rights were secured, pursuant to Case #96 CW 342, from
the Colorado State Water Board.
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ZONING /SIZE: The property is zoned RS-160,160 acre minimum lot size/ 500 acres
PROCEDURE/PROCESS: This is a Two -Step Review, requiring the recommendation
of the Planning Commission and a public hearing at the Board of County Commissioners.
REFERRAL COMMENTS: The following agencies have been referred on this case:
1. County Attorney
2. County Engineer
3. Zoning
4. Environmental Health
5. State Forest Service
6. Division of Wildlife
7. County Wildlife Biologist
8. Wildcat HOA *
9. County Floodplain Administrator
10. Army Corps of Engineers
11. Housing Office
* no comments received
Comments of the agencies listed above are referred to as necessary in the appropriate
sections of this memo. Referral memos received have been attached for your reference.
STAFF ANALYSIS OF PROPOSAL: The following is a summary review and
analysis of the applicant's proposal relative to the most applicable policies and standards
of the Land Use Code.
r Plat Amendme
A subdivision exemption for a major plat amendment may be permitted subject to
compliance with the following standards:
A. Amendments shall be consistent and compatible with the surrounding
neighborhood.
Staff response: The proposed uses in the accessory envelope are primarily agricultural
and are consistent with uses on surrounding properties. Staff feels that development in the
remaining portion of the building envelope for the primary residence (12B) may impact
relatively steep slopes and a large mature aspen grove. The proposed accessory building
envelope contains lesser slopes and may be more appropriate for pastures and the riding
arena. The proposed uses for the accessory envelope are compatible with the surrounding
neighborhood, which consists of large ranches and extensive pasturelands.
B. Additional community impacts resulting from the amendment shall be completely
mitigated by the applicant.
Staff response: The property is not within a mapped Scenic Foreground Overlay Area.
The riding arena, barn and Employee Dwelling Unit will be visible from a short section
of Snowmass Creek Road. The existing vegetation, along with the distance from
Snowmass Creek Road, will serve to lessen the visual impact of the structures. There are
no other significant impacts on the community, as a result of this amendment.
C. The amendment must comply with the standards of the Land Use Code whichever
are applicable.
Staff response: The proposed accessory building envelope was previously approved by
the County as a building site for this parcel.
The Colorado State Forest Service indicates that the wildfire hazard in the proposed
accessory building envelope is rated as medium. The vegetation on the site consists of
sagebrush, grass and scattered aspens. Vince Urbina has recommended specific wildfire
mitigation measures which Staff has included as conditions of approval. Mr. Urbina also
points out that the existing bridge over Snowmass Creek appears to be strong enough for
fire trucks but recommends that the Basalt & Rural Fire Protection District inspect the
bridge to confirm this belief. Staff will include a condition to this effect.
The County Wildlife Biologist indicates that the proposed building envelope is located
on a sagebrush bench that is utilized by deer and elk. The property contains mapped elk
production areas. The mapped production areas are approximately 1/2 -3/4 mile from the
proposed accessory building envelope. Pursuant to Resolution No. 92 -389, dogs are
allowed provided they are "kenneled or otherwise under positive control at all times ". In
order to minimize potential human/wildlife conflicts, Mike Villa has recommended a
number of mitigation measures for the proposed development, including the provision
that construction workers not be allowed to have dogs on -site during the construction
phase of the project.
Mr. Villa states that the proposed water diversion structure appears to be in a good
location. Staff and Mr. Villa observed that the terrain between the existing access
driveway and the point of diversion is relatively flat and only minor vegetation
disturbance should be necessary to access and build the system. Mr. Villa contacted the
Army Corps of Engineers and confirmed that a water diversion for agricultural irrigation
does not require a 404 permit. Staff recommends that temporary sedimentation controls
be implemented to minimize sediment discharge into the Creek during construction and
that disturbed areas be revegetated immediately after project completion.
The County Floodplain Administrator has not yet commented on the water diversion
system. Staff will include a condition that the Applicant obtain a Development in the
Floodplain Permit from the County Floodplain Administrator, prior to the
commencement of construction of the water diversion system.
3
000012
The Environmental Health Department points out that the existing primary building
envelope is somewhat constrained and that the soils and site are not optimal for septic
systems. Staff s site visit revealed that there is more than sufficient area to expand or
replace the existing septic system within the primary building envelope, even with the
reduction in size (envelope will be reduced to be approx. 4.1 acres). There was apparently
some confusion with respect to the size of the proposed accessory envelope, as well. The
accessory envelope is approximately 3.5 acres in size and can easily accommodate a
septic system for the EDU and other structures. There is an existing well located to the
west of the proposed accessory building envelope which currently serves the main
residence. Although the well is not within the proposed accessory envelope, service can
be extended to the EDU and other structures along the existing access driveway.
Environmental Health has recommended standard conditions, with respect to provisions
for water and sewer, which Staff has included in the conditions of approval.
The County Engineer points out that the as -built driveway is not within the platted
access easement. The difference in the platted access and utility easement and the as -built
driveway is not significant with respect to 1041 Hazards or any other issues. Staff
recommends as part of this review, that the plat be amended to reflect the as -built
conditions.
Mr. Eylar will require a driveway plan, prior to the issuance of a building permit,
showing curvature, centerline gradient, and cross- sections of areas with any significant
cuts or fills.
Employee Dwelling Unit
Employee Dwelling Units are Special Review Uses in the RS -160 zone district The
Special Review criteria of Land Use Code Section are quite similar to the criteria of the
Major Plat Amendment, as discussed above. Staff believes that the proposed EDU
complies with the Special Review criteria of Land Use Code Section 3 -210.
The applicant has not yet prepared architectural floor plans for the Employee Dwelling
Unit. Staff will recommend that floor plans be submitted to the Housing Office, prior to
the issuance of a building permit for the accessory structure. A EDU deed - restriction
must also be filed with the Housing Office and recorded with the County, prior to the
issuance of a building permit.
RECOMMENDATION: Staff recommends that the Planning and Zoning Commission
recommend approval of the North Enterprises Trust Major Plat Amendment, subject to
the following conditions:
1. The Applicant shall adhere to all material representations made in the application
and in the public meetings.
000013 4
2. Prior to building permit application, the Applicant shall record a 24 x 36 inch mylar
amended plat which meets the approval of the Community Development
Department and County Attorney. The plat shall also be submitted in digital format
on a 3.5" diskette to the Community Development Department, prior to the issuance
of a building permit. The plat shall include the following 1041 Hazard Review
Warning and Disclaimer:
"The provisions of these regulations do not in any way assure or
imply that areas outside of designated hazard areas will be free from
hazards, or that approved mitigation measures will guarantee the
safety of any property."
a. The amended plat shall depict the access and utility easement in a location
consistent with the existing access driveway.
b. The amended plat shall depict an accessory building envelope and a revised
primary building envelope, as represented in the application.
The Applicant shall comply with the following wildlife mitigation measures:
a. Construction workers shall not be allowed to have dogs on -site during the
construction phase of the project.
b. Fencing shall be a maximum height of 42 ", 4 strands or less with a 12"
kickspace between the top 2 strands. Any rail fencing shall be the round
type, 42 ", 3 -rail or less with at least 18" between 2 of the rails. Fencing shall
be only allowed within or on the perimeter of the accessory building
envelope.
C. Native vegetation shall not be disturbed outside the building envelope,
except as required for the access driveway and the implementation wildfire
mitigation measures. Vegetation within the envelope shall be preserved as
much as possible to screen the residence from Snowmass Creek Road.
d. All horses shall be kept within the building envelope. Haystacks shall be
fenced at the owner's expense and shall be fenced with 8 -foot mesh fencing
to prevent game damage.
e. All utility extensions shall be buried in the access driveway.
f All garbage /trash shall be kept within approved bear -proof garbage
containers.
4. Wildfire mitigation for all development within the accessory building envelope shall
be as follows:
000014
a. All vegetation shall be removed within 10 feet of proposed structures. This
"defensible space" area shall be maintained in mowed grass or non-
flammable material, such as decorative rock or gravel.
b. All branches from trees and brush within a 30 -foot perimeter of all structures
shall be pruned to a height of 10 feet above the ground.
C. Tree crown separation within a 30 -foot perimeter of all structures shall have
a minimum of 10 feet between the edges of the crowns.
d. All branches which extend over the roof eaves shall be trimmed and all
branches within 15 feet of the chimneys shall be removed.
e. Roofs and gutters shall be kept clear of debris.
f Yards shall be kept clear of all litter, slash, and flammable debris.
g. Firewood shall be stacked on a parallel contour a minimum of 15 feet away
from any structure.
h. At least one ten pound approved ABC class fire extinguisher shall be placed
in a visible and accessible location for each structure.
i. Fences shall be kept clear of brush and debris.
j. Wood fences shall not be connected to the structure.
k. Fuel tanks shall be installed underground with an approved container.
1. Roof construction shall be Class A, non - combustible material with no flat
roofs.
M. All vents shall be screened with corrosive resistant wire mesh of one quarter
inch (1/4 ") maximum.
n. Addresses shall be clearly marked and visible with minimum 2" letters.
o. Maintenance of the "defensible space" shall be required in order to retain it's
value as wildfire mitigation.
P. Any additional buildings shall incorporate wildfire mitigation measures.
0 UOGi3 6
5. Prior to the issuance of a building permit, the Basalt & Rural Fire Protection District
shall inspect the existing bridge to assure that it is suitable for fire department
vehicles.
6. The septic system designed for the site shall meet the approval of the Environmental
Health Department. The Applicant shall obtain such approval, prior to the issuance
of a building permit.
The Applicant shall provide information to the Environmental Health Department
documenting that the well location can meet setback requirements from the septic
systems, and that the quantity and quality of the well water is adequate for the
proposed uses, prior to the issuance of a septic permit.
The Applicant shall obtain a fireplace /woodstove permit from Environmental Health
Department, prior to the issuance of a building permit.
9. The disturbed areas within the building site, and disturbed areas associated with the
water diversion system, shall be revegetated with native grasses to limit water
consumption and additional runoff, immediately following project completion.
10. All development included grading, septic system, and landscaping shall
occur within the building envelopes, except for grading necessary to construct the
access driveway.
11. The Applicant shall adhere to the following standards for development on slopes:
a. Adequate mechanical support shall be provided for cut slopes.
b. Adding water which may decrease slope stability shall be avoided.
C. Adding weight to the top of the slope shall be avoided.
d. Disturbed slopes must be contoured so that they can be revegetated.
e. Steepening of existing slopes shall be avoided.
f. Confine cuts, fills, grading and excavation to the minimum area needed for
construction.
12. The Applicant shall implement temporary sedimentation control measures during
construction of the water diversion system to minimize impacts to Snowmass Creek.
13. The Applicant shall obtain a Development in the Floodplain Permit from the
County Floodplain Administrator, prior to the commencement of construction of
the water diversion system.
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14. A driveway plan shall be submitted to the County Engineer for approval, prior to
the issuance of a building permit. The plan shall depict curvature, centerline
gradient, and cross - sections of areas with any significant cuts or fills.
15. The Applicant shall file an Employee Dwelling Unit deed restriction with
Housing Office, prior to the issuance of a building permit. Said deed restriction
shall be recorded by the Applicant with the Country Clerk and Recorder, also
prior to the issuance of a building permit.
16. The Applicant shall comply with the provisions of Resolutions No. 90 -154,
91 -176, and 92 -389 unless otherwise replaced or amended by the conditions of
this approval.
ATTACHMENTS:
1. CSFS letter
2. Environmental Health memo
3. County Wildlife Biologist memo
4. County Engineer comments
5. Kaufman letter w /drawings of water diversion system
6. Resos #90 -154, #91 -176 & #92 -389
7. application w /site plans
000017
Oct 29'97 16:06 No.005 P.01
JNqWo
FORM
SERVICE
slice setviees DwIdieg
222 S. 6th Sheet, Room 416
Curd &MLIU 4 ( 1 1dra-ado 81501
Telephone: (9m) 24872266
Rick Magill
Aspen /Pitkin Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: North Enterprises 1041 Wildfire Hazard Review
Rick,
1 read the application and inspected the site on October 10th with Mike ,O'Hare the
owner's representative. Access to the parcel is from the Snowmass Creek road. The
property is well marked with a driveway that originates at aright angle from the
Snowmass Creek road. There is a bridge over Snowmass Creek that goes to the
existing structure and the proposed building envelope. It appears to be strong
enough to hold a large fire truck but I am not positive about that. The Basalt & Rural
Fire Department may need to inspect the bridge to be sure. The proposed building
site has a west aspect with a slope of 9 -15 %. The existing vegetation is grass, sage
and scattered aspen. I would rate the wildfire hazard as medium.
The proposed structure is a barn and caretaker unit. My wildfire hazard mitigation
recommendations are as follows.
1) For a distance of 10 feet around all structures the vegetation should be established
and maintained at 6 inches or less (i.e., mowed grass). Any future landscaping
around this structure should not incorporate woody vegetation within this 10 foot
zone. In addition fire wood or other flammable materials should not be stored here.
2) For a minimum distance of 30 feet around all structures trees should be thinned so
that tree crowns are no closer than 10 feet apart when they are a mature size. Since
the only trees that were presently growing on the site are aspen I didn't see any
future problems in this regard. Should the owners decide to landscape they should
keep in mind that the trees need to be at least 10 feet apart. In addition the lower
limbs should be removed up to half the total height to eliminate ladder fuels.
Feel free to call me with any questions about my comments. Thank you for the
opportunity to review this application.
Sincerely,
a.U1 r,.
A. Vince Orbina
Assistant District Forester
cc Kaufman & Peterson
QVooiv
October 28, 1997
MEMORANDUM
To: Rick Magill, Community Development Department
From: Lee Cassin, Environmental Health Department �Or� c
Date: September 24, 1997
Re: North Enterprises Trust Major Plat Amendment
Parcel ID #2645- 341 -10 -001
The Aspen/ Pitkin Environmental Health Department has reviewed the details of the
North Enterprises Trust Major Plat Amendment application (to change the building
envelope) under the authority of the Pitkin Cou= Land Use Code and has the
following comments.
ADEOUATE PROVISIONS FOR WATER NEEDS: Sections 2 -17 and 3 -1104
"It is the policy of the county to insure the availability of a water supply of adequate quality, quantity, pressure and dependability
for fire protection and support of a proposed land use prior to approval of the use. The County shall require land uses to hook up
to existing public systems if service is available."
This Department needs information on the quantity of water available from the existing
well. If it is not sufficient for the added uses, it may be necessary to drill a new well.
Since a new septic system will be needed for new buildings, it is necessary to ensure
both the existing well and the new well if it is needed, can meet the setback
requirements from both septic systems.
A condition of approval for this application is the receipt of information
documenting that the location of the well(s) meet setback requirements and
can be placed within the building envelope and that quantity /quality of the
well water are adequate. Without meeting these requirements a septic permit
and building permit can not be issued.
SEWAGE TREATMENT AND COLLECTION: Sections 2 -18 and 3- 1105: "It is the polic of the
County to ensure that adequate sewage treatment facilities are available to serve existing and new developments. Public and
private sewage disposal systems and connections to such systems shall comply with the sewage disposal guidelines of Pitkin
County's Individual Sewage Disposal System Regulation."
The existing building envelope is somewhat constrained. The existing septic system is
significantly undersized under today's regulations, and soils at the site are not optimal
P—ld— R, yded Paper
ooua1Y
for septic systems. Future remodels of the existing house will almost certainly require
significant expansion of the septic system, which may be difficult within the existing
building envelope. Building the barn, riding arena and caretaker unit will also require
new septic systems, which would be difficult in the existing building envelope. It is
possible that these proposed uses and their septic systems are not possible in the
existing envelope. We cannot determine this until we know the exact building designs
proposed.
We would be cautious about removing a large part of the existing building envelope.
That might make it likely that the applicant will have to come back at a future date to
have land added back to this building envelope for the septic system that would
probably be required if any remodel occurs. It might be more realistic to keep the
existing building envelope and add a new one. (This is because, due to the significant
undersizing of the system under today's regulations, a minor remodel would probably
require a significant increase in septic system size.)
As the application points out, "the remaining land on building envelope 12B is rolling,
with slopes of up to 30 %, and is heavily treed." There is also a slide area near the house.
We would like to caution the applicant and Community Development Department that
a significant portion of the area contemplated for "horse operations" may need to be
used for septic system(s) for these uses and possibly for the existing house.
WATER QUALITY IMPACTS: Sections 2 -14 and 3 -705 and 3 -710:
"It is the policy of the County to preserve and protect its present water resources. To this end it is the policy of the County that no
land use be initiated which would adversely affect the quantity, quality, or accessibility of the County's water resources; or which
would occur at the expense of established water - dependent agricultural activities; or which would result in increased saliruzation
of water resources, loss of muumum stream flows, further destruction of wildlife habitat, or major expenditures to reacquire or
redistribute major water resources. It is also the policy of the County to maintain a natural vegetative buffer along its surface
waters such that the surface and groundwaters of the area are not encroached upon by land uses or other human activities which
could cause deterioration of water quality or impair the natural treatment processes provided by meadows and wetlands."
The Environmental Health Department will be addressing water quality impacts on
down stream water quality. This application is not expected to impact down stream
water quality if the minimum horizontal distances between components of the
system(s) and physical features are in accordance with the Pitkin County Sewage
Regulations.
Since roofs and asphalt areas are nonpoint sources of water discharge which can
contaminate water supplies, this Department recommends that nonpoint sources of
discharge be retained on the property of origin which can be accomplished through
P mWd on RecVded Paper
O OU_ O2u
landscaping, drainage patterns, detention ponds, and dry wells for water runoff from
buildings.
AIR QUALITY: Sections 2 -13 and 3 -602:
"Only that development is permitted which will not contribute significantly to degradahon of air quality in Pitkin County.
Developments may not constitute an indirect or direct air pollution source under Federal, State or County regulations."
Changing the building envelope is not expected to contribute to degradation of air
quality in Pitkin County.
We would like to remind the applicant that neither fireplaces nor woodstoves may be
installed in barns, riding arenas or other non - residential buildings. The applicant must
file a fireplace / woodstove permit with the Environmental Health Department before
the building permit will be issued if there are to be any such devices in the caretaker
unit.
A condition of approval for this application is the receipt and approval of the
fireplace/woodstove permit by the Environmental Health Department before
the building permit can be issued for the caretaker unit.
Activities such as road building, construction, and landscaping require a Fugitive Dust
Plan. This plan would need to include, but is not limited to, fencing, watering of haul
roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that
has been carried out, speed limits, or other measures necessary to prevent windblown
dust from crossing the property line or causing a nuisance.
A condition should be approval by the Aspen/Pitkin Environmental Health
Department of the fugitive dust control plan, containing enough measures to
ensure that dust does not become a nuisance or blow onto adjacent property.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2 -7: - - it
is the policy of the County to ensure that no use or development of land is permitted which is in violation of the laws of the
County, the State of Colorado, or the United States of America."
This Department is not aware of any issues of concern regarding other environmental
health laws.
Rmk•J on Fr.ydca Poper
W0021
Fmm'Mle6.1 J.V111. MM COUmy Fie 19701=2W Vole. p17019206996 TO Wk MMM M: P1611 ciunq C --unRV Oevelipmem Pape 2 pl2 TNVipiy, NCeemi¢l 06, 19pi 10:W" pM
MEMORANDUM
TO: Rick Magill — Senior Planner
FROM: Michael Villa -- Wildlife Biologist
RE: North Enterprises 1041
DATE: October 30,1997
Rick, I have completed a review and site visit to the North Enterprises Parcel. The
building envelope is located on a sagebrush bench that is utilized by deer and elk. It is
adjacent to mountain shrub community dominated by serviceberry on the slopes to the
east and a decadent stand of aspen on a small ridge to the west. With regards to the
use of the secondary building envelope there are relatively few wildlife concerns.
However, to reduce potential human/ wildlife. conflicts, I would recommend the
following conditions for this site.
1. Kenneled Dog allowed on site. Under positive control at all times.
2. No Dogs allowed during construction phase of project.
3. Bear Proof Garbage Containment.
4. No removal of vegetation outside of building envelope except that needed for fire
protection.
5. Hay or other food material be store inside of building.
6. Fencing of livestock should comply with the following dimensions. Wire fence nc
greater than 42" in height no more than three strands with 16" kick space between
the middle and top strand. Rail fencing no greater than 42" in height no greater
than three poles with the same kick space requirement. Fencing should only be
allowed within or on the perimeter of the building envelope.
The proposed water diversion structure appears to be in a good location. Provided all
of the Water Board concerns have been covered, I have no further comments on this
issue. If you have any questions regarding these comments, Please call me at #5395.
000022
MEMORANDUM
To: Rick Magill
From: Bud Eylar
Date: 10/9/97
Re: North Enterprises Trust Major Plat Amendment
Rick, 1 have reviewed the application and have the following comments:
• The applicant does not discuss how the proposed development area in 12A will be
accessed. Does the drive to 12B go through this new building envelope or will a new
drive have to be created? If a new drive is created the applicant shall obtain an access
permit and provide the following information. A plan of the drive with alignment
details showing curvature, % of grade and cross sections (if necessary) of areas of
significant cuts or fills. Locations and sizes of drainage culverts should be shown also.
• The map of Homestead 12 shows an access and utility corridor as well as an as -built
road. The access and utility corridor easement should be amended to reflect the actual
location of the drive to envelope 12B.
000023
BROOKE A. PETERSON LANV OFFICES OF
GIDEON 1. KAUFMAN* KAUFMAN & PETERSON, P.C. TELEPHONE
(970) 925 -8166
HAL S. DISHLER••
OF COUNSEL:
ERIN L. FERNANDEZ *"
• ALSO ADMITTED IN MARYLAND
•• ALSO ADMITTED IN TFAA9
•'• AL50 ADMITTED IN FLORIDA
315 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
September 30, 1997
Mr. Rick Magill
Aspen /Pitkin Community Development
130 South Galena Street
Aspen, Colorado 81611
Re: Wildcat Ranch Lot 12
Dear Rick:
FACSIMILE
(970) 925.1090
Pursuant to our telephone conversation, enclosed please find
a revised drawing of the pump and shed for the water distribution
system for Wildcat Ranch Lot 12. I have also enclosed a map
which shows the location of the pump and pipeline. The location
of the pump on the river was selected since water was
historically diverted at this point, and it is the point of
diversion for our existing water right. It would also be the
point of diversion for any other water we have a right to use.
Hopefully, this is sufficient information for our 1041
Review.
Sincerely,
KAUFMAN & PETERSON, P.C.
A Professional Corporation
1
By
Gid n Kaufman
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#330883 U3 /o ?1 11:36 4ec x.00 SK 641 323
Silvia Davis , Pitkin Gnty Clerk, Doc $.�-
• v1 1 11 �•• a s•:
MOT
, 1041 HAZARD REVIEW,
AND RESCINDING RESOLUTION NO. 90 -37
Resolution No. f 0--Zar"/
WHEREAS, at a regular meeting on December 18, 1990 and a
special meeting on December 19, 1990, the Board of County
Commissioners of Pitkin County, Colorado, (hereinafter "Board "),
reviewed the Wildcat Ranch application submitted by Wildcat
Ranch, Limited (hereinafter "Applicants "), which contained the
following requests:
-- Exemption from Growth Management for the creation of parcels
of greater than 500 acres;
-- Subdivision Exemption for 12 parcels of greater than 500
acres in size;
-- 1041 Hazard Review for wildlife, wildfire, and geologic
hazards for twelve (12) 500 acre parcels and approval of
multiple activity envelopes for each parcel;
-- Employee dwelling units;
-- Boundary line adjustment for a 2 acre parcel to be dedicated
to the Aspen Camp School for the Deaf; and
WHEREAS, the Pitkin County Planning and Zoning Commission
reviewed the Wildcat Ranch 1041 Hazard applications for the 500
acre parcels and the employee dwelling units on December 11, 1990
and recommended approval with conditions; and
WHEREAS, the Applicants created a 35 acre parcel referred to
as the Ranch Manager/ Boathouse parcel which was approved for an
000021
#330883 03/03/91 11:36 Rea s.00 3K 641 PG 324
silvia Davis, F kin C „ty Clerk, Doc $.VO
Resolution No. 9 ( 1- _/4Y
Page 2
accessory use pursuant to the 1041 hazard review. That approval
and the associated conditions of that approval are outlined in
Resolution No. 9p -LI3; and
WHEREAS, the Board found the application to be in compliance
with the applicable provisions of the Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Board that it hereby
grants approval of the Wildcat Ranch application with the
following conditions of approval:
1. The lot line adjustment with the Deaf Camp approval shall be
based on the following conditions of approval:
a. The lot line adjustment shall be .noted on the subdivi-
sion exemption plat for the Wildcat Ranch Subdivision.
b. The Deaf Camp shall record the property line adjustment
in a deed in the Clerk and Recorder's Office.
c. The final documents for the Wildcat Subdivision shall
include a 60 foot wide access and utility easement from
the Deaf Camp for use of Wildcat Way by the Wildcat
Ranch Subdivision. This access agreement shall be a
limited agreement which includes the following:
1) The easement shall not allow construction,
maintenance or service vehicle traffic other than
ranch maintenance traffic to utilize Wildcat Way.
2) The easement is limited to the level of traffic
associated with the approved Wildcat Subdivision.
3) Future utility easements through the property
which are outside of the access and utility
easement shall require approval by Pitkin County.
d. The Deaf Camp parcel shall not receive any additional
development potential as a result of this lot line
adjustment.
2. The Wildcat Ranch Subdivision Exemption approval for 500
acre parcels shall be based on the following conditions of
approval:
a. The applicant shall be responsible for paying their
000020
#330883 o3 / /QS 11:36 n^ec $.00 8Y. 64* _IG 325
Silvia Dav, , Pitkin Cnty Clerk, Doc « +
Resolution No. 942-LIY
Page 3
fair share of the cost of upgrading the bridge off
Snowmass Creek Road which enters the Wildcat parcel and
several other privately owned parcels. That share is
to be determined by the County Engineer at the time of
construction of the new bridge by the County. No use
of access by the new development within Wildcat Ranch
shall be allowed until the bridge is improved.
b. No construction, maintenance or service traffic other
than ranch maintenance traffic shall be allowed to
enter the project from Snowmass Creek Road (County Road
11). All such traffic shall enter from the Highway 82
Besancon Gulch entrance to the project.
c. At Final Plat submission, the Applicant shall
demonstrate, to the satisfaction of 'the County
Attorney, compliance with Section 5 -107, policy Section
2 and Article 5 of the Land Use Code prior to final
approval regarding water provisions of the Land Use
Code. At a minimum, the Applicants shall commit to
continuation of agricultural uses and the associated
water needs in compliance with the wildlife management
and enhancement plan.
d. No extensions of water service from existing public
systems shall be allowed without approval by Pitkin
County relative to 1041 and other regulations relative
to extensions of utility service as it applies to
water.
e. Roads within the development shall be treated for dust
control. A complete schedule for dust control shall be
submitted at Final Plat Submission with a fugitive dust
plan to be reviewed and approved by the Environmental
Health Department.
f. Prior to recordation of the subdivision exemption plat,
the Wildcat Rim Trail shall be conveyed to the Town of
Snowmass Village as a trail access easement of 20 feet
wide. This easement shall include use restrictions
relative to time of year based on Division of Wildlife
comments.
g. Prior to issuance of a building permit, if required by
the State Highway Department, the Applicants shall
provide improvements to the intersection of Besancon
Gulch Road (also known as Wildcat Way) and State
Highway 82.
h. None of the accessory buildings shall have a woodstove
or fireplace. The employee units shall be limited to
000029
#330883 03/08/91 11:36_ nec $.00 SK 641 °G 326
Silvia Davis' Fit!_:in :y Clerk, Doc $.00
Resolution No. 90-Zly
Page 4
one certified woodstove and no fireplaces.
i. During construction (including construction of roads),
the Applicant or lot owner shall submit a fugitive dust
control plan which commits to measures which will
reduce windblown dust. Measures may include cleaning
of off -site paved roads which have dirt tracked onto
them, watering of disturbed areas, watering of
roadways, and other measures.
j. Primary utilities shall be in roadway easements.
Utility service to individual lots shall follow
driveways wherever possible.
k. An avigation easement submitted by the Applicant shall
be approved by the Airport Manager prior to signature
of final plat.
1. The Applicant shall grant a fisherman's easement to
Pitkin County along Snowmass Creek as it passes along
or through the Wildcat property. Said easement shall
be a non - exclusive easement granted to the public at
large for the purposes of fishing. Said easement shall
extend to five (5) feet horizontally along the ground
from the high water mark on the bank of the said creek.
Said easement shall be recorded concurrently with the
Final Plat.
3. 1041 Hazard Review approval for the 12 proposed lots and
employee dwelling units based on the following conditions:
a. Employee dwelling units shall be located within the
established development activity envelope.
b. Only one employee dwelling unit shall be allowed on
each parcel. Agricultural outbuildings that include a
500 square foot employee dwelling unit, shall be
allowed, provided the structure and use must meet the
requirement of Section 3- 8.13(a)(5) of the Land Use
Code (i.e., the dwelling unit will not interfere with
agricultural uses of the outbuilding). A detached
employee dwelling unit (i.e. free standing up to 1,200
square feet) shall be allowed on each parcel subject
to the requirement of Section 3- 8.13(b)(4) of the Land
Use Code (use of the property constitutes a bona fide
agricultural operation). If a detached employee
dwelling unit is constructed pursuant hereto any
existing unit shall be eliminated prior to obtaining a
certificate of occupancy for the detached unit.
Approval under 1041 regulations is given to attached or
detached employee dwelling units, said increases shall
000030
#3308e3 03/08/ 11:36 Rec 3.00 HK 441 F6 r+?
Silvia Davis, F. _F.:in Cny Clerf:, Doc $.00 y „ 3Z7
Resolution No. 9@ -L1Y
Page 5
apply to any unit constructed in the Wildcat develop-
ment after the effective date of said amendment,
provided that they shall be constructed entirely within
approved development activity envelopes. In the event
that subsequent Land Use Code amendments permit
construction of larger employee dwelling units, such
units may be constructed on Wildcat parcels. Any
attached unit hereby approved shall also comply with
Sections 3 -8.13 (a) 2, 3, and 4 of the Land Use Code
Detached units shall comply with Sections 3 -8.13 (b) 3
and 5 of the Land Use Code.
c. No structures, accessory uses, or vegetation
manipulation other than approved by the wildlife
management plan shall be allowed outside of the
development activity envelope.
d. Applicant shall provide a detailed wildlife management
and enhancement plan, and maintenance program prior to
final plat submission. The goals of the plan include
the following:
1) Provide and secure migratory corridors for
seasonal (Fall and Spring) movements and maintain
these corridors.
2) Provide and maintain Winter and Spring ranges for
migrating and resident individuals.
3) Secure and maintain Fall reproduction areas for
resident animals and provide protection against
human disturbance to assure reproductive success.
4) Secure and maintain calving and fawning areas to
maximize newborn survival.
5) Improve vegetation condition in order to minimize
seasonal habitat losses, and improve wildlife
habitat diversity.
6) Enhance significant riparian habitats within the
Ranch by controlling vegetation types, wildlife
diversity and activity, floodplain activities, and
water body planning.
7) Provide and secure habitats for multi- species use
within the Ranch (both game and non -game animals).
8) Use an education program to improve human concerns
towards wildlife habitats and reduce human
disturbance to wildlife.
000031
#330883 03/08/ 11:.=6 Rec x.00 8K 641 PG c8
Silvia Davis, > tkin Cnty Clerk:, Doc $.00—
Resolution No. 9m-f d
Page 6
9) Continue to monitor and collect data regarding
wildlife activities and behavior versus human
activities and behavior during construction and
inhabitation phase for the evaluation of the
mitigation efforts.
e. At a minimum the wildlife management plan shall
address, but not be limited to the following:
1) Limits of agricultural activity consistent with
proper wildlife levels.
2) Locations and types of fencing to maintain
wildlife viability consistent with Division of
Wildlife approvals.
3) No domestic dogs shall be allowed.
4) Scheduling use of certain trails or critical area
so as to minimize conflict with wildlife at
critical times of year and limitation on the
creation of new trails within critical wildlife
areas.
5) Control of construction activity and personnel to
minimize disturbance of wildlife; specifically
construction workers and maintenance people shall
not carry firearms or bring dogs to, from, or at
work sites.
6) Prohibition of snowmobiles and all- terrain type
vehicles, with the exception of one each for the
Ranch Manager. Pedal bicycles, mountain bikes and
other motorcycles shall be allowed only on
roadways and driveway access as approved on the
final plat.
7) Maintaining availability of open water sources
(including ditches) for wildlife pursuant to the
wildlife management and enhancement plan.
8) Development of an on -site enforcement and
monitoring program by the project wildlife
consultant to ensure that the wildlife elements
are permanently maintained and enhanced.
f. The following development activity envelopes shall be
approved with the amendments set forth below. All
other proposed envelopes shall be deleted from the
final plat:
000032
#330883 03/08/91 :36 Rea $. 00 9K 641 PG. 3:
Silvia Davis, Fitt n Cnty Cler4::, Doc r.00
Resolution No. 90-ZO
Page 7
LOT
Envelope 1 (a) through (d) are approved. All envelopes
are approved with the condition that the applicant
shall use existing access roads as driveways. The
representation of the applicant that the existing roads
will not require additional cuts and shall be upgraded
only through regrading, construction of retaining
structures to stabilize existing cut slopes, and an
overlay of acceptable surfacing shall be enforced by
the County Engineer when issuing driveway access
permits. Each driveway must meet County standards. An
"access permit" is required prior to any road
improvement or issuance of a building permit.
Envelope 2 (a) and (c) are approved. Approved with the
same existing road condition as listed for Lot 1.
Envelope 2(b) shall require additional 1041 review for
the access roadway given that a portion of the proposed
access drive crosses 30% slopes.
Envelope 3 (a) is approved. Envelope (b) shall be
subject to the same condition as Envelope 2(b). Both
envelopes shall comply with the road condition
established for Lot 1 relative to existing roads.
Envelope '4 (a) through (c) are approved with the same
condition as established in Lot 1 for existing roads.
Envelope 5 (a) and (c) are approved as proposed with
the condition for existing roads established for Lot 1.
Envelope 5(b) is approved with a modified access
driveway plan which does not encroach on 30 slopes.
Envelope 5(d) shall be eliminated.
Envelope 6 (a) through (c) are approved using existing
roads as access drives with the condition as listed for
Lot 1. The proposed alternative access roadway
(shortcut) which crosses 309 slopes must be separately
reviewed for 1041 and if approved the existing road
must be reclaimed and revegetated.
Envelope 7 (a) is approved. Envelope 7 (b) will only
be included on the Final Plat if all three (3) wildlife
experts can agree in writing, to be submitted at final
plat, that the envelope is appropriate.
Envelope 8 (a) through (c) are approved. In the case
of 8 (c) , the approved is granted with the existing
road condition as established for Lot 1.
000033
#330883 03/08:9' ".1:36 Rec x.00 BK 641 PG 7'7
Silvia Davis, Pa -.in Cnty Clerk, Doc x.00
Resolution No. 9--10
Page 8
Envelope 9 (a) and (b) are approved, but shall be
required to be further reviewed pursuant to 1041
concerns for access in order for the Planning and
Zoning Commission and Board to determine the least
impactive access. Envelope (c) is approved with an
alternate access which does not cross 30% slopes.
Envelopes (d) , (e) , (f) and (g) are approved with the
condition for existing roads established for Lot 1.
Prior to issuance of a building permit for envelope 9g,
owners or Applicant shall be required to prove adequate
on -site fire protection as established by the
Snowmass /Wildcat fire Protection District and the
Applicant.
Envelopes 10 (a) and (b) are approved with the
condition as established for Lot 1 regarding existing
roads.
Envelope 11 (a) is approved.
Envelope 12 (a) and (b) are approved with the condition
that they be redesigned to avoid the 100 -year
floodplain area.
Prior to issuance of a building permit for envelopes
12a and 12b, the owner or Applicant shall be required
to prove adequate on -site fire protection as
established by the Snowmass /Wildcat Fire Protection
District and the Applicant.
g. A homeowners association shall be formed which is
responsible for financing an ongoing wildlife
management program. The wildlife management plan and
associated financing shall be incorporated into the
subdivision covenants and shall be a condition of 1041
approval through a separate agreement with the County.
h. Roofs on primary residences will be made of fire -
retarding materials.
i. Chimneys will be equipped with approved spark
arresters.
j. Firewood will be stored uphill from structures and
surrounded by a zone 10 feet wide that is devoid of
combustible material.
k. Structures will be surrounded by -a zone 10 feet wide
OOOU3d
#730ee3 03 /ire /9l 1::36 Fec $.00 3K 641 PG
Silvia Dav,s, P,, :in Cnty Clerk, Dcc $.00 .
Resolution No. 90-L
Page 9
that is• substantially devoid of major trees, shrubs,
weeds and tall. grass that are considered high in fuel
content. Clumps of shrubs and clusters of trees
without ladder fuel will be permitted within this zone.
1. Parking areas will be kept free of tall grasses and
other combustible ground vegetation.
m. Within a 30 foot wide zone around structures, existing
trees and shrubs will be thinned to minimize fuel.
n. Roofs shall be kept clear of debris.
o. Primary residences will be required to be sprinkled
with National Fire Protection Association (NFPA) 13D or
13R systems.
p. The Applicant will provide fire hydrants identified
under the previous general submission approvals at each
500 acre ranch private drive, plus an additional four
placed strategically along the central road system.
q. Wherever private drives are used, they shall be
designed so as to support fire equipment and where
possible turnarounds shall be provided.
r. Applicant shall provide a water storage tank sufficient
in size to handle fire fighting needs as well as
potable water needs.
4. All representations of the Applicant shall become conditions
of approval.
5. The Applicant shall commit to the following public
improvements and donations:
a. $200 per house shall be paid to the school district
upon issuance of a building permit. There are a total
of 24 units to be built on the parcel; 12 free market
and 12 employee. If the Applicants acquire the BLM
parcels resulting in a building right, $200 per house
shall be dedicated to the school district.
b. An easement for a bus stop shall be granted by the
Applicant at the intersection of Highway 82 and
Besancon Gulch (to be known as Wildcat Way) prior to
final approval. This easement shall include adequate
room for a shelter and parking spaces. The easement
shall provide for owners review of design
considerations.
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Silvia Davis, Pit:= , Cnty Clark. Doc $.00
Resolution No. WLSY
Page 10
c. At such time the County deems it necessary, the
Snowmass Creek and Wildcat Way intersection shall be
widened. The applicant or future owners shall pay
their fair share cost for the improvement of the
intersection. The fair share cost shall be determined
by the County Engineer.
d. The Applicant shall grant the County a construction
license necessary for a new entrance to the County
Landfill. The applicant shall develop said license
with the County prior to signature of the subdivision
exemption plat.
e. The Applicant shall grant to the County an easement to
construct, operate and maintain a well to serve the 35
acre employee parcel and the landfill at the location
shown, provided, however, the County shall be required
to obtain all water rights which may be required to
utilize the well, including without limitation, the
adjudication of any required augmentation plan.
Applicants make no representation or warranty that the
legal or physical water supply or the well will be
sufficient for the County's intended purposes. The
Applicant shall grant to the County easements from the
well to the 35 acre employee housing parcel and the
County landfill. These easements shall be established
prior to final plat.
f. The Applicant shall deed a 35 acre parcel for employee
housing to the County prior to signature of the final
plat. Prior to the conveyance of the parcel, the
Applicant shall establish restrictions as to the
density, visual quality, and site development criteria
for the parcel.
6. No homesites other than those located in Snow Creek
shall be visible from the Snowmass Creek valley floor, Brush
Creek Valley floor and /or West Village.
7. The Applicants shall provide the following requirements of
the Snowmass /Wildcat Fire Protection District. Said
requirements may be modified as a result of an approved
agreement with the fire protection district. If amendments
to the following conditions are made through an agreement
with the district, the agreement shall be submitted in
written form at final plat submission.
a. A storage tank to be a minimum of 250,000 gallons, or
equivalent, approved by the Fire Protection District;
b. All houses will be required to be sprinklered with NFPA
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Silvia Davis, tkin Cnty Merl Doc $.( t
Resolution No. 90-L44(
Page 11
13D or 13R systems;
c. Wherever private drives are used, bridges and culverts
to support fire equipment will be provided; and
wherever possible oversized turnarounds and curve
radiuses will be created without causing large cuts and
fills in roads;
d. The developer will provide a heated building to house
an appropriate piece of fire equipment on the Wildcat
Property at a mutually agreeable site. The developer
will attempt to get approval to put an employee unit
with the above fire equipment building. To receive
full insurance credit, the station should be deeded to
or long term leased to the District;
e. The developer recognizes the need for additional fire
hydrants on the property for wildfire and will commit
to four additional hydrants. If for any reason it is
mutually concluded that additional hydrants are
required after a site specific analysis the developer
will provide them;
f. The developer will participate with the District in the
purchase of a suitable tanker apparatus. The developer
will have the option of purchasing a factory built unit
or a cab and chassis on which the District would build
the tank and pump body in the District's shop at the
Districts expense.
8. No foam type insulation which is detrimental to the ozone
layer shall be allowed in the development of the single -
family homes or other structures on the property.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the applicant
and County agree to abandon any prior approvals which are in
conflict with this approval, specifically the Applicant agrees to
vacate the Juniper Subdivision approval granted by the Planning
and Zoning Commission as recorded in Plat Book 4, Page 212 and
the GMQS scoring granted by Planning and Zoning Resolution No.
PZ- 89 -37.
NOW, THEREFORE, BE IT FINALLY RESOLVED upon a finding by the
Board that there are special marketing requirements associated
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Resolution No. 90-1W
Page 12
with the large acreage parcels contained within the subject lands
and that an additional period of vesting of the approvals granted
herein will be of particular benefit to both applicant and the
County, the Board hereby granps vesting of rights established
hereby for a period of five (5) years from the date of approval.
hereof, pursuant to C.R.S. 1973, Section 28 -64- 108(2) and Section
6 -5.7 of the Pitkin County Land Use Code.
APPROVED by the Board at its special meeting on December 19,
1990.
'By
Whyntl Ethr / idge, a irman
Date
Deputy County' Clerk
ch.wildreso
APPROVED AS TO CONTENT:
P axb i n g Director
000036
#340429 01/13/92 09 :fj5 Rea $.00 BK 666 PG 510
Silvia Davis, Pitk:i ;nty Clerk:, Doc s.oi)
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITRIN COUNTY, COLORADO APPROVING AN AMENDMENT TO THE
WILDCAT SUBDIVISION EXEMPTION AND 10411, HAZARD REVIEW
Resolution No. 91 -L7"
WHEREAS, on December 17, 1991 the Pitkin County Board of
County Commissioners held a public hearing in order to review a
request by the Wildcat Ranch (hereinafter "Applicants) for an
amendment to the subdivision exemption approval and 1041 hazard
review approval; and
WHEREAS, this application is a specific request to amend
condition 2.J of Resolution No. 90 -154; and
WHEREAS, Condition 2.J reads as follows:
"Primary utilities shall be in roadway easements. Utility
service to individual lots shall follow driveways whenever
possible."
; and
WHEREAS, the applicants are requesting that a portion of the
primary utilities be located outside of the existing roadway
easement; and
WHEREAS, Condition 2.j was developed based on several concerns
including visual and wildlife impacts;and
WHEREAS, the proposal to locate approximately 2 miles of
utility placement outside of the existing roadway easement affects
an elk migration corridor, severe winter range and critical
habitat; and
000039
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Silvia Davis, Pitkin Cn Clerk, Doc $.00
Resolution No. 91 -
Page 2
WHEREAS, the land use code Section 5 -404.2 sets specific
conditions for development within these wildlife area; and
WHEREAS, given the request to amend a condition of the
subdivision exemption approval a public hearing is required; and
WHEREAS, the Pitkin County Planning and Zoning commission
reviewed the requested amendment and recommended approval with
conditions; and
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of
County Commissioners that they do hereby grant approval of an
amendment to Condition 2.J of Resolution No. 90 - 154 granting
subdivision exemption approval and to the 1041 hazard review
approval. Condition 2.J is amended to read:
"Primary utilities shall be placed in roadway easements except
for those illustrated in Exhibit " A " (attached). Utility
service to individual lots shall follow driveways wherever
possible."
This approval is granted subject to the following conditions:
1. Placement of utilities shall take place between June and
November within migration corridors pursuant to Section
5- 504.2.
2. Construction shall not prevent elk and /or deer migration
between winter and summer ranges.
3. All other conditions of Resolution No. 90 -154 which
relate to the 1041 Hazard Review shall remain in effect
and are not altered by this approval.
APPROVED by the Board at its regular meeting on December 17,
1991.
#340429 01/13/92 09 :55 Rec_ x.00 BK 666 PG 312
Silva Davis, PitkAn Cnt` aer4::, Doc $.(
Resolution No. 91_Z2
Page 3
ATTEST:
ette Jones,
ty County Clerk
BOARD OF COUNTY COMMISSIONERS
OF PITRIN COUNTY, COLORADO
By 1, '�u h
Wayne id e, Chairman
Date
AS TO FORM: APPROVED AS TO CONTENT:
tsitt, suzamo Ronc an,
rney County Planning Director
ch.wildcatamendreso
000041
#340429 01/13/92 09:55 Rec x.00 BK 666 PG 313
5i1 is Davis, Pitkin Cr Clerk, Doc $.oO
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000042
#352858 01i JQC 16:07 Rec s.00 BM. 700 0 351
Silvia Davis Pitkin Cnty Clerk., Doc $.0
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITRIN COUNTY, COLORADO GRANTING APPROVAL FOR
A MODIFICATION TO CONDITION 3.E.3) OF
RESOLUTION 90 -154 AND COVENANTS OF WILDCAT RANCH
PERTAINING TO THE RESTRICTION OF DOGS
Resolution No. 92-0
RECITALS:
1. Wildcat Ranch, Ltd., hereinafter "Applicant ", has applied to
Pitkin County to request an amendment to condition 3.E.3) of BOCC
Resolution 90 -154.
2. The Applicant has previously received general submission, 1041
Hazard Review and final plat approval by the Board of County
Commissioners pursuant to Resolution 90 -154 on a 6400+ acre parcel
of land know as the Wildcat Parcel and more specifically described
in Exhibit 'A', attached.
3. On July 21, 1992, at a regular public meeting, the Commission
voted to recommend an amendment to BOCC Resolution 90 -154, allowing
dogs onsite subject to the provisions of proposed Fourth Amendments
to the protective covenants.
4. The Commission found that dogs need not be prohibited front the
property and that wildlife can be adequately protected through
revised covenants as proposed by the applicant, and with a
condition modification allowing for the restricted allowance of
dogs on the site.
5. The Applicants' requests were considered by the Board of
County Commissioners, hereinafter "Board ", at a duly noticed public
hearing on September 15, 1992, September 29, 1992, and October 13,
000043
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Silvia Davis, Pitkin CM * M y Clerk., Doc $.00
Resolution #92 -1K
Page 2
1992, at which time the Board found that the applications meet the
requirements of the Land Use Code, if the approved conditions are
adhered to by the Applicant.
NOW, THEREFORE, BE IT RESOLVED that the Commission does hereby
grant approval of the request, subject to the following conditions
of approval:
1. Condition 3.e.3) of Resolution 90 -154 is hereby amended as
follows: "Domestic dogs (excluding ranch dogs) shall be
kenneled or otherwise under positive control at all times as
defined by the Protective Covenants for Wildcat Ranch, Fourth
Amendment."
2. The applicant shall record amended Declarations of Protective
Covenants for Wildcat Ranch as submitted and dated
"Preliminary Draft Dated 10- 14 -92 ", entitled "Fourth Amendment
to Declaration of Protective Covenants for Wildcat Ranch ".
Paragraph 7.6 (a) of the amendment shall be amended to specify
that Pitkin County officials or their designated
representative shalt be granted the same privileges and as the
Representatives of the Colorado Division of Wildlife,
including but not limited to a license to enter upon Wildcat
Ranch for the purposes of enforcing and monitoring wildlife
conditions. Paragraph 7.6 (b) shall be amended to read: "In
addition to representatives of the County trained to carry out
000044
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Silvia Davis, pitkin Cnty Clerk, Doc $.00
Resolution #92-
Page 3
animal control activities and a County Zoning Enforcement
officer, a County official or in place of such official an
impartial designee in the event one is appointed by the
County, shall be granted the same privileges as
representatives of the Colorado Division of Wildlife to enter
upon Wildcat Ranch solely for purposes of monitoring
compliance with these restrictions regarding dogs. Provided
however, nothing herein shall preclude enforcement, by County
officials, of County laws and regulations generally or the
enforcement of any conditions of approval for Wildcat Ranch.
The County shall have satisfied its obligation hereunder to
appoint an impartial designee if after making such inquiries
as the County deems necessary, the County is reasonably
satisfied that such designee can fulfill his or her duties in
an impartial fashion." Any fines collected by the Association
under subsections 7.6 (e) and (f) of the covenant shall be
remitted to the County to be expended by the County for animal
control purposes.
3. Conditions controlling dogs at Wildcat Ranch will be formally
reviewed and presented to the Pitkin County Planning and
Zoning Commission and the Board of County Commissioners by the
three reviewing biologists (Division of Wildlife, Pitkin
County and Wildcat Ranch) in the annual reviews of the Wildcat
Ranch Wildlife Management and Enhancement Plan. At these
000045
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Resolution #92-
Page 4
reviews, conditions controlling dogs may be continued,
modified or dogs entirely prohibited, based on violations
and /or enforcement success. Annual reports shall specifically
address and include all records pertaining to animal
enforcement actions, including formal fines, warnings or other
events.
4. No more than two dogs shall be permitted on any lot or parcel
on the Ranch.
APPROVED AND ADOPTED ON THE 13TH DAY OF OCTOBER, 1992.
1111.
Randall A. Cote, 1 1=(Y/", wil cat homestx,�
X- Sender: rcote@rof.net
Date: Wed, 10 Dec 1997 12:35:20 -0800
To: rickm@co.pitkin.co.us
From: rcote@rof.net (Randall A. Cote)
Subject: wildcat homestead 12
I hav reviewed the application for this parcel and have the following
comments.
The use of emvelope 12a defeats the purpose of the single envelope
selection
as required by the approval process. This was done to give an owner a
choice
yet to presearve as much habitat as possible on any given lot. The wildlife
management plan disallows any habitat disturbance outside of the selected
site, and I would recommend against it's use. The goal in the developement
of the ranch was to presearve open space and provide places for wildlife
that were undisturbed.
I have no problem with the barn within the existing envelope. I would not
support any effort to create new or rejuvinate pastures that have not been
utilized in the past 15 years. There is an existing 2 1/2 acre irrigated
pasture adjacent to the county road. If more feed is necessary , it should
be through supplimental feeding within the selected envelope. As a side
note, it is recommended in the Wildcat owners manual that only one horse be
allowed on this parcel. I believe this came out of the Wildlife Mitigation
plan . I personnally think that is too restrictive; however, the number of
horses will be decided by only having 2 1/2 irrigated acres and the amount
of supplimental feed they want to supply.
It should also be noted that critical habitats do exist on the east portion
of the property, mostly above the McKenzie ditch and all activity should be
restricted in this area. The other significant wildlife occurance here is
the parcel being in a migration pattern. The building of fences in other
that the selected envelope should be restricted.
Thanks, and if you despertly need me to appear I will.
000047
- - P rinted or Rick Magill <ric co.pit in. co:u �
#352858 01/1/93 16:0 _ $.00 BK 700 P6 355
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Resolution #92 -,�
Page 5
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITRIN COUNTY, COLORADO
BY: Xames R. True, Chairman
Date:_ 3
APPROVED AS TO FORM:
Tim Whits it l
APPROVED AS TO CONTENT:
Suzanne Ronchan,
County Attorney
wildcat.resc3
County Planning Director
Deputy Clerk and Recorder
03 -03 -98 04:23PM FROM WESTERN�ZCOSYSTEMS I P02
Western Ecosystems, tint.
Ecological Consultants
905 West Coach ✓CoaO, �BoOer, CO 80302 (303) 442— 6144
March 3, 1998
Mr. Gideon Kaufman
Law Offices of Kaufman and Peterson, P.C.
315 East Hyman Ave.
Aspen, Colorado 81611
Re: Wildlife evaluation of the Wildcat Ranch Lot 12 Amendment, Pitkin County, Colorado.
Dear Gideon:
At your request, this latter responds to wildlife concerns associated with the proposed North Enterprises Trust
Major Plat Amendment on Lot 12 of Wildcat Ranch. The proposal is outlined in a November 11, 1997 memo
from Rick Magill, Senior County Planner, to the Planning and Zoning Commission. County Planning Staff,
the County Wildlife Biologist, and the Colorado Division of Wildlife have responded to the proposal. As
additional background, I represented Pitkin County on wildlife issues associated with the development and
planning approval of Wildcat Ranch in 1990 and 1991. My position, the facts as I see them, and
recommendations regarding the proposal are as follows.
My Position
The concept of structural development in both alternative building envelopes conflicts with the original intent
of providing >1 building envelope from which owners could chose one envelope, which would contain all
structures and habitat modifications.
Notwithstanding whether or not development could occur in both building envelopes without a significant
impact to wildlife/ habitat, my initial concerns associated with the proposal were that it (1) defeats the purpose
of the one envelope concept, as approved by the County, (2) has the potential to spread out Impacts and zones
of influence, and (3) sets a precedent allowing original and subsequent Wildcat homeowners to develop
similarly. In reality, this third point is Invalid. As part of the annexation of all Wildcat lots Into the Town
of Snowmass Village except Lot 12, the Town Council, without further review, will approved a new (Le.,
additional) development activity envelope, containing a barn and with or without a caretakers unit, on each
lot, as long as it doesn't exceed 10 acres, is adjacent to pasture lands, and meets other criteria, without the
need to reduce the existing building envelope. While ibis ordinance doer, not apply to Lot 12, all other
Wildcat lot owners are now permitted far more development than what is being proposed on Lot 12, thereby
invalidating any precedent attributable to the proposed action.
From a more practical perspective on Lot 12, the present proposal would not significantly affect or
significantly compromise existing or future wildlife use of the property or surrounding area if development
recommendations provided below are implemented in good faith.
03-03 - 98 04:23PM FROM WESTERN- e-1OSYSTEMS P03
L. .".0
Mr. Gideon Kaufman
March 3, 1999
Page 2
Wildlife Use
Current (January 1997) CDO W WRIS maps on Me at the Planning Office (including the associated disclaimer
on map interpretation and use) show no local seasonal range delineations for mule deer (Odotoikus hernionus)
and no elk (Cervur eiaphus) winter range designated in the upper Snowmass Valley. However, tracks observed
on and adjacent to the property on January 20, 1998 indicate that at least a low number of elk are occasionally
present during at least portions of mild winters.
The closest designated calving habitat is approximately 2,125 horizontal feet to the northeast of the existing
homesite, approximately 600 vertical feet above both envelopes, and on the other side of a ridge_ In my
opinion, the proposal would not directly or indirectly affect elk calving.
The closest deer or elk "migration pattern" (i.e., an indicator of the general location and direction of fail
movements; not a migration corridor [a specific, defined location of movements]), is just west of Snowmass
Village, approximately 8,250 feet to the south - southeast. Regardless, elk movements do occur across the upper
Snowmass Creek Valley and some of these occur to each side of the existing Lot 12 homesite. Figures 1.2 and
1.3 in Baharav Environmental Consulting and Design Workshop, Inc, (1991) show fall and spring migration
routes in this general vicinity. The proposed homesite on the contiguous private property to the north of Lot
12 should have little influence on elk movements across the valley because it would be aligned with the barrier
of existing horse fencing along the valley bottom.
t In summary, Lot 12 supports important wildlife values, however from a big game perspective, the values and
level of seasonal big game use in the vicinity of the two building envelopes are lower than the critical values
occurring on the main body of Wildcat Ranch
The Proposal
Building envelope 12b, containing the existing residence on the southeast end of Lot 12, is 7.3 acres (Figures
1 -3). Existing structural development on 12b is contained within an approximately 1.0 acre area Undeveloped
building envelope 12a, is 11.5 acres and is located approximately 224 feet to the north - northwest of envelope
12b, on other side of the driveway. By definition, development within envelope 122 or 12b would have been
suitable from a wildlife perspective.
The proposal to develop a barn, indoor riding arena, hay storage shed, and caretaker unit on a footprint of
approximately i6 acre could be accomplished within the 12b envelope. An irrigated exercise pasture for horses
could also be accommodated in this area. To do so, however, would require the removal of a closed, medium.
aged stand of 20-35 foot tall aspen (Popuius nemuloides) along with grading. Aspen are known to support high
wildlife diversity and abundance values. The proposed approximately three acre, 12a accessory envelope to
be developed (with recommendations below) is a native sagebrush- snowberry (SenAidlum P&entata-
Symphonearpar rotmtdxMius) meadow colonized by introduced cultivaa, including smooth brome (AVMua
bwmis) and orchardgrass (Daetykv giomerata). This habitat supports lower wildlife values than aspen, but is
a principal component of big game foraging habita4 including winter range, which is declining in abundance
and effectiveness in the upper Roaring Fork Valley. Under consideration, then, is a trade -of between high
value, principally nongame, wildlife habitat versus a small area of an important elk habitat in limited supply.
As discussed below, there would be no appreciable habitat loss associated with the proposal than if
development occurred In either envelope to the full extent permitted, only disturbance in one area versus
another.
000050
03 -03 -98 04:23PM FROM WESTERN - ECOSYSTEMS PO4
Mr, Gideon Kaufman
March 3, 1998
Page 3
In addition to habitats lost within the approximately 4i acre structural footprint, habitat would also be lost to
a proposed irrigated pasture and driveway off the entrance road Since the new pasture would have to be
fenced to contain the horses, it could also pose an additional barrier to local and migratory movements.
Potential movement conflicts could be minimized by (1) keeping horses in the new pasture adjacent to the
barn during migration and winter range periods, (2) removing horses from the 2.5 acre existing pasture during
migration and winter range occupancy, (3) removing at least sections of fencing from both pastures when
horses are gone, and (4) confining new fencing within the proposed accessory envelope and additional pasture
(defined below) that is in line with, and clustered with, the other proposed structures. This would provide a
smaller obstacle for animals to avoid.
An important proposal consideration is that an area appreudmately equal to that proposed for development
in envelope 12a would be removed from potential development within envelope 12b. Thus, the 7.3 acre 12b
envelope, containing the home, would be reduced approximately three acres to compensate for the proposed
approximately three acre accessory envelope, excluding the approximately one acre irrigated pasture, in 12a.
In addition, structural development and further habitat modification (with exceptions noted below) would be
prohibited on the remainder of 12a, outside the approximately three acre accessory envelope. Therefore, total,
potential structural development would be contained within two envelopes totalling approximately seven acres,
the same area as envelope 12b and a smaller area than the original envelope 12a. Structural development
would be slightly more spread out than in the previously approved envelope 12b, but not as spread out as
could have occurred in previously approved envelope 12a. Since either envelope 12a or 12b were found to
be compatible with wildlife use, I see no reason why another alternative, similarly-sized envelope, represented
by the proposed existing and accessory envelopes (connected by a driveway isthmus with fencing restrictions),
would not have been considered equally suitable. Regardless, there would be no greater habitat loss associated
with the present proposal (perhaps even including consideration of the surrounding zone of influence) than
if 12b were developed to the full extent presently permitted.
implementation of the following measures in good faith will minimize impacts to wildlife and their habitats
resulting from the proposal.
1. Contain all proposed accessory structures and habitat modifications within the proposed, approximately
three acre configuration of envelope 12a, as shown in Figures 1 -3. Structural footprints would total
approximately' acre and the remainder of the accessory envelope would be composed of fenced pasture.
7- An area approximately equal in size to the area developed in envelope 128 (approximately three acres),
encompassing the entire area within the outer margins of structural development, habitat
modifications /disturbance, and fencing (Le., the minimum convex polygon), shall be removed from an
undeveloped area within the 12b envelope. This area, as approximated in Figures 1.3, will preserve the
majority of the high- value, envelope 12b aspen stand and insure that there would be no greater habitat loss
on Lot 12 than if envelope 12b were developed to the full extent presently permitted. The boundaries of the
reconfigured envelope 12b should be permanently marked In addition, all structural development and further
habitat modification (excluding valid wildlife enhancement approved by Wildcat Ranch and/or maintenance
of the existing pasture) shall be prohibited outside of the proposed accessory envelope and corral, as
approximated on attached Figures 1 -3, on the remainder of former envelope 12a.
3. The reconfigured envelope 12a, and the proposed location of structures within, have been located south
and east of the young aspen stand, to (1) avoid aspen that will grow into higher value habitat, and (2) to partly
screen the structures and associated activity from elk movements that would continue to the north and from
000051
03 -03 -98 04:23PM FROM WESTERI ZCOSYSTEMS P05
Mr. Gideon Kaufman
March 3, 1998
Page 4
viewpoints along the County Road. This aspen stand Is outside the reconfigured envelope and would be
avoided by future development and use.
4. No habitat modifications, including, but not limited to, structural development, grading, or fencing (even
if temporary), shall occur north of reconfigured envelope 12a, whose northern boundary shall occur south of
the aspen stand located north of the proposed structural development area.
S. Any new irrigated pasture shall be contained within the reconfigured 12a envelope, as defined above, and
shall not approach within 100 feet of the Snowmass Creek riparian zone.
6. If the new pasture on 12a is fenced, fencing specifications shall be wildlife compatible, as defined by County
Staff in recommendation #3b (November 11, 1997 memo from Rick Magill). Wildlife fencing could consist
of a single or double electric wire that could be seasonally removed when horses are absent. For other types
of fencing, gates should be installed in barbed -wire fencing, or sections of removable rails should be opened
in rail fencing, to facilitate any wildlife movements outside the period when horses are present. At your
request, I will determine the locations and widths of fence openings after pasture/ fence locations and
configurations are finalized.
Gates shall also be installed in the fence enclosing the existing 2.5 acre pasture to facilitate big game
movements. At least two, approximately 10- foot -wide gates (Le., one section of fencing between posts) should
be located on the west, south, and east sides of this pasture. Gates should be located in area of existing trails
approaching the pasture and/or evenly spaced along each side of the pasture and left open outside the period
when horses are present.
7. Equestrian use on the property should be temporally and spatially restricted, as outlined in this letter, to
minimize conflicts with the wildlife use that occurs on and through the property. Horse grazing on the
property shall be confined to fenced pastures located within reconfigured envelope 12a and the existing 15
acre pasture west of Snowmass Creek. It is recommended that horse grazing in the existing pasture be
confined to the period from May 15 to November 15, or until one week after the and of the fall hunting
season, whichever is later. 119a excludes the entire fail migration period, the entire winter range period, and
most of spring migration (when movements are more leisurely). This will allow pasture gates to be opened
or dropped to facilitate migratory movements. Any horses kept on the property between November 15 and
May 15 shall be confined to the new pasture within the reconfigured 12a accessory envelope. It should be
recognized that all horse feed required during this period will have to be supplementally provided.
8. Implement all other wildlife conditions recommended by Phwaing Staff, as delineated in the November 11,
1997 draft memo from Rick Magill.
Summary
With the implementation of recommended mitigation measures, the proposal would have a minor benefit to
nongame wildlife by preserving a high -value aspen habitat in exchange for the loss of an equal acreage of
sagebrush habitat, now providing habitat to big game and other wildlife species. These would be no difference
in the area of habitat affected with, or without, the proposal, only in the location of disturbance, the Was of
habitat affected, and the different wildlife values associated with these habitats.
000052
03 -03 -98 04:23PM FROM WESTERN ECOSYSTEMS °^ P06
Mr. Gideon Kaufman
March 3, 1998
Page 5
Please call me if you have any questions or require additional information.
Sincerely,
Richard W. Thompson
Certified Wildlife Biologist
Western Ecosystems, Inc.
RWT/s
attachment
cc: R Cote
Literature Cited:
Baharav Environmental Consulting and Design Worltshop, Inc. 1991. Wildcat Ranch wildlife management and
enhancement plan. BEC, Carbondale and DWI, Aspen, CO. Apr. 5.29 pp.
000053
03 -03 -98 04:23PM FROM WESTEU- 4COSYSTEMS P07
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000054
03 -03 -98 04:23PM FROM WESTER"%- ECOSYSTEMS P08
Figure 2 (On following page). Detailed drawing of the existing and proposed 12b envelope on Wildcat
Ranch, Homestead 12 (labelled), the proposed 12a accessory envelope (labelled), and an approxdmately
one acre irrigated pasture (dashed lines) to the vest (left) of the proposed accessory envelope. Zile
configuration of envelope 12a avoids an aspen grove to the north, a mature serviceberry- dominated
mountain shrub stand (of higher value as big game forage and cover) to the east, and is setback at
least 100 feet from the Snowmass Creek riparian corridor, to the west. No scale.
000055
03 -03 -98 04 :23PM FROM WESTERAL ECOSYSTEMS
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000056
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03 -03 -98 04:23PM FROM WESTEP ECOSYSTEMS I P10
Figure 3 (On following page). Detailed, topographic-based drawing of the proposed 12a envelope on
Wildcat Ranch, Homestead 12. This view shows how the aspen grove (tree symbol) to the north of
the envelope has been avoided and excluded from the envelope. This view does not show the
approximately one acre irrigated pasture to the west of the proposed accessory envelope. Scale: 1 in.
= 133 ft.
000057
03 -03 -98 04:23PM FROM WESTER�J ECOSYSTEMS PH
h al O iY Yhh��yi.� �hW hJ.uw�y,�
MEMORANDUM
TO: Board of County Commissioners
Regular Meeting- December 17, 1997
SUBJECT: North Enterprises Trust Major Plat Amendment
THRU: Cindy Houben, Community Development Director V "
FROM: Rick Magill, Senior Planner
The Applicant requests that review of this application be tabled until the February 11,
1997 regular meeting of the Board.
000059
Robert Throm
8998 Snowmass Creek Road
Snowmass, CO 81654
Connie Harvey
421 AABC
Aspen, CO 81611
Department of the Interior
Bureau of Land Management
Glenwood Springs Resource Area
50629 US Hwy 6 and 24
Glenwood Springs, CO 81601
Patrick Henry
7852 Snowmass
Snowmass, CO
Creek Road
81654
000060
W
.- A
BROOKE A. PETERSON LAW OFFICES OF
GIDEON 1. KAUFMAN• KAUFMAN & PETERSON, P.C. TELEPHONE
(970) 925 -8166
HAL S. DISHLER" 315 EAST HYMAN AVENUE FACSIMILE
ASPEN, COLORADO 81611 (970) 925.1090
OF COUNSEL:
ERIN L. FERNANDEZ•••
• AESOADMI"MINMARYIAND July 21, 1997
•• AUO ADMITTED IN TOMB
•'• ALSO ADMITTOI IN i RIDA
Mr. Rick Magill
Aspen / Pitkin Community Development
130 South Galena Street
Aspen, Colorado 81611
Re: North Enterprises 1996 Trust - Major Plat Amendment
Dear Rick:
Pursuant to our meeting and telephone conversation, please
consider this letter an application on behalf of North
Enterprises 1996 Trust for a major plat amendment to create an
additional or accessory building envelope on the property. When
Homestead Lot 12, Wildcat Ranch Exemption Plat, was originally
approved by Pitkin County, two alternative building envelopes
were approved - Building Envelope 12A and 12B. The previous
owner chose Building Envelope 12B as his building envelope, and
therefore, Building Envelope 12A is no longer in effect. Upon
analysis of the topography and uses of the property, my client,
the current owner of the property, feels that Building Envelope
12B is not suitable for the additional uses planned for the
property, including a barn, indoor riding arena, and caretaker
unit. The remaining land on Building Envelope 12B is rolling,
with slopes of up to 30 %, and is heavily treed.
There is, however, an area located in the previously
approved Building Envelope 12A which is free of all 1041
constraints, and is open, meadowed area that is very suitable for
the horse operations they are contemplating. Therefore, we would
like the development activity envelope that was previously
approved on Building Envelope 12A to be reinstated. We will be
reducing the size of the building envelope on 12B in a comparable
amount, so that the actual land that is capable of being
developed does not change greatly. This other building envelope
makes perfect sense because, as you know from the site visit, it
is relatively flat, is not heavily treed, and is appropriate for
the contemplated development.
Pursuant to Section 3- 190.90, for a major plat amendment,
the requirements are:
1111.
Mr. Rick Magill
July 21, 1997
Page 2
1.
surrounding neighborhood Since this building envelope has
previously been approved and its uses are primarily
agricultural, it seems to me that it remains compatible and
consistent with the surrounding neighborhood.
2. Additional community impacts resulting from the amendment
shall be completely mitigated by the applicant We do not
feel that there are any additional community impacts
resulting from the amendment, since the uses that are
permitted on the property are not changing, and the proposed
envelope is in a better location for the client's intended
uses. We believe that this plat amendment complies with the
standards of the Code.
Section 4 -60 requires a pre - application conference, which we
have done, and have I have included a copy of the Pre - Application
Summary. Also, twenty -four (24) copies of the application and
the plat amendment have been provided to you, along with a check
for $2,700.00. I have enclosed for your review a letter
certifying that the applicant, in fact, owns the property. We
have also included a list of all adjacent property owners.
Section 5 -60, which deals with Group 2 development
applications, including major plat amendments, requires a letter
signed by the applicant authorizing me to act on their behalf, as
well as a vicinity map and a site utilization map, which are also
enclosed.
We believe that this application meets the intent of the
Code. It is redundant, in part, because this particular site has
already been through 1041 and County approval. The area in which
the development will take place is almost exclusively in 15%
range and less. A small section of the driveway may traverse
slopes in the 17 -18%, range; however, this is a suitable site for
development, and we believe it is appropriate for an amendment to
the development activity envelopes.
If you have any questions, please feel free to contact me.
Sincerely,
KAUFMAN & PETERSON, P.C.
A Professional Corporation
By
Gidl!epn Kaufman
GK /bw V
Enclosures
0U006J
BROOKE A. PETERSON
LAW OFFICES OF
GIDEON I. KAUFMAN'
KAUFMAN & PETERSON, P.C.
TELEPHONE
(970) 925.8166
HAL S. DISHLER••
315 EAST HYMAN AVENUE
FACSIMILE
ASPEN, COLORADO 81611
(970) 925 -1090
OF COUNSEL:
ERIN L. FERNANDEZ•••
• ALSOADMITIMINMARTUNO
•• ALSO ADMInM IN TMS
July 1O, 1997
l
"• ALSO ADMInM IN TLORIDA
Mr. Rick Magill
Aspen /Pitkin Community Development
130 South Galena Street
Aspen, Colorado 81611
Re: Homestead Lot 12, Wildcat Ranch Exemption Plat,
according to the Amended Plat thereof recorded March
10, 1993, in Plat Book 31 at Page 1
Dear Rick:
Per your request, I write this letter to confirm and certify
that the record title owner of the above - described property is
Michael A. Rubel, Trustee of the North Enterprises 1996 Trust.
If you have any questions, please feel free to contact me.
Sincerely,
GK /bw
KAUFMAN & PETERSON, P.C.
A Professional Corporation
By
Gi on Kaufman
000064
0V10/97
16:13 970 925 1090
Ju 1. l0. 1997
5:06PM
AUTRORizATTON To SUBMIT LAND USE
No.
APPLICATION
6627
P.
2 12
THE UNDERSIGNED, as the record title owner of the property
described as Homestead Lot 12, Wildcat Ranch Exemption Plat,
according to the Amended Plat thereof recorded March 10, 1993, in
Plat Book 31 at Page 1, hereby authorizes Gideon Kaufman, Esq.,
of Kaufman & Peterson, 315 E. Hyman, Aspen, CO 51611, to submit a
land use application, and anything appurtenant thereto, for a
Major Plat Amendment to Pitkin County, Colorado.
DATED this lo t,- day of July, 1996.
THE NORTH ENTERPRISES 1996 TRUST
By 0' " /,- / r'
Michael A. Rubel, Trustee
000065
000066
JUL -02 -1997 15:26 FROM ASPEN /PITKIN CUM DEV TO
PITIGN COUNTY
PRE- APPLICATION CONFERENCE SUMMARI
9- 9251090 P.02
DATE: 7/2/97
PROJECT: North Enterprises Trust Major Plat Amendment
APPLICANT'S REPRESENTATIVE: Gideon Kaufman
REPItEESENTATIVE'S PHONE: 925 -8166 fax: 925 -1090
SUMMARY
1 _ Type of Application: Subdivision Exemption for a Major Plat Amendment
2. Describe action/type of development being requested: The Applicant is i
establish an accessory building envelope for Homestead 412 of the Wildcat S
3. Areas in which Applicant has been requested to,respond:
Code Sections
3- 190.90
4 -60
5 -60
1. County Attorney
2. County Engineer
3. Zoning Office
4. Wildcat Homeowners Assoc.
5. Environmental Health Department
6. Division of Wildlife
7. County Wildlife Biologist
S. State Forest Service
4. Review is before: P &Z&BOCC
5. Public Hearing: yes- BOCC
Rick Magill
approval to
000067
JUL -02 -1997 15:27 FROM ASPEN /PITKIN COM DEU TO 9- 9251090 P.03
1. 6. The applicant needs to post a ugn for each public hearing pursuant to o� 'on 4 -90 of the Code.
(x)YES NOO
7. Please submit a list of Adjacent Property Owners: (x)YES NOO
8. The Applicant shall provide stamped, pre - addressed, letter size envelopes, - th the return address
of the Planning Department, for mailing to all adjacent property owners. (x)Y ES NOO
9. Number of copies of application packets to be submitted: 24
10. Planning Office fee deposit required: S 2,080.00
Referral Fees required: County Engineer $ 155.00
Environmental Health S 155.00
County Clerk S 310.00
Total Deposit: $ 2,700.00
11. Anticipated date of submission:
12. COMMENTSIUNIQUE CONCERNS:
13. FOR A COMPLETE APPLICATION ; PLEASE INCLUDE THE FOLL WFNG IN EACH
PACKET:
1. Letter of request which completely describes the project and a 1dresses Code
Section 3- 190.90 listed above;
2. 24" x 36" Amended Subdivision Plat (folded) which shows misting and proposed
building envelopes, existing and proposed structures, access, easements, and any
other pertinent information & vicinity map;
3. Copy of this pre -app form;
4. Proof of ownership.
* Application fee & Agreement for Payment fort (available at the fron desk) (I copy only)
* Letter from owner authorizing representative,,•if applicable.
000068
TOTAL P.03
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Rick Magill, Senior Planner
SUBJECT: North Enterprises Trust Major Plat Amendment
DATE: October 14, 1997
Staff recommends that this review be tabled until November 11, 1997 to allow referral
agencies and Staff more time to respond to the proposal. The applicant has agreed to the
re- scheduling of the P &Z review.
000069
Jul. 23, 1997
2:27PM PITKIN +iNTY TITLE
TWITCH
12847
MOS SANDR
LO_W_ JOHN W - C/O
_
260 GREEN ST
_ _ _,
SAN FRANCISCO f
CA
6503 �
HARV HA ROLD K.
421D AABC
ASPEN_
.._-
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81611 -3548
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------ - - - --_
PARTNERSHIP
ROSE FAMIL LIMITED
1023 CH RD
MEMPHIS - -- _
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38
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PO BOX 312
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81656 -0312
6304 _
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_
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8998 SNOWMASS CREEK RD _
SNOWMASS
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ASPEN
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Page 1
No, 8954 P. 1 /�ZZ/9f
To ws ;
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adi cflgl owners 40
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'Jul. 23, 1997 2 :27PM PITKIN-qUNTY TITLE No. 8954 P. 212
TWITCH
MD 210931
631
BLfkt] THE GEORGE L JR TRUST
BUNTING MANAGEMENT GROUP C/O
9690 DEEkE00
BALTIMORE
MD
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283 BEL AIR RD
LO S ANGELES
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rlEGLE COUNTY COLORADO
PROPERTY
4363 STONEY LN
SLINGER, —
000071 Pagel
ASPEN/PTTHIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920 -5090 FAX (970) 920 -5439
MEMORANDUM
TO: County Attorney
County Engineer
Zoning
Mike Villa - Wildlife Officer
Environmental Health
CO State Forest Service
CO Division of Wildlife
Wildcat HOA
FROM: Rick Magill, Community Development Department
RE: North Enterprises Trust Major Plat Amendment
Parcel ID #2645- 341 -10 -001
DATE: July 29, 1997
Attached for your review and comments is an application submitted by North Enterprises 1996
Trust.
Please return your comments to me no later than September 26, 1997.
Thank you.
000012
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920 -5090 FAX (970) 920 -5439
MEMORANDUM
TO: County Attorney
County Engineer
Zoning
Mike Villa - Wildlife Officer
Environmental Health
CO State Forest Service
CO Division of Wildlife
Wildcat HOA
FROM: Rick Magill, Community Development Department
RE: North Enterprises Trust Major Plat Amendment
Parcel ID #2645- 341 -10 -001
DATE: July 29, 1997
Attached for your review and comments is an application submitted by North Enterprises 1996
Trust.
r.
Please return your comments to me no later September 26, 1 1997.
Thank you.
000013
ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5090 FAX# (970) 920 -5439
July 29, 1997
Gideon Kaufman
Kaufman & Peterson, P.C.
315 East Hyman Avenue
Aspen, CO 81611
RE: North Enterprises Trust Major Plat Amendment
Case #P83 -97
Dear Gideon,
The Planning staff 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.
This application has been scheduled for review by the Pitkin County Planning and Zoning
Commission, Commissioners Meeting Room, Pitkin County Courthouse, 506 E. Main Street,
Aspen, on Tuesday, October 14, 1997 at a meeting to begin at 5:30 p.m. Should this date be
inconvenient for you please contact me within 3 working days of the date of this letter. After that
the agenda date will be considered final and changes to the schedule or tabling of the application
will only be allowed for unavoidable technical problems. The Friday before the meeting date, we
will call to inform you that a copy of the memo pertaining to the application is available at the
Community Development Office.
We have forwarded a copy of this application to the Colorado State Forest Service for referral
comments. Please contact them directly at (970) 248 -7325 to arrange for payment of their fees.
Comments will not be released until payment is received.
If you have any questions, please call Rick Magill, the planner assigned to your case, at 920 -5062.
Sincerely,
'4(�Z �AaQ�
Rhonda Harris
Administrative Assistant
000014
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Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5090
City Land Use ApF
00113-63850 -041
-63860 -043
-63885 -268
-63875-046
-MR011
10000 - 67100 -383
15000 -630501180
15000 -63065 -482
County Land Use Application Fees:
00113 -63800 -033 Deposit
-63820-037 Zoning
-63825 -038 Board ofAdjustment
Referral Fees-
00113-63810-035
00115- 63340 -163
62023 -63340 -190
00125- 63340 -205
00
00113-6 )812-212
lication Fees:
Deposit
HPC
Public Right -of -Way
Zoning & Sign Permit
Use Tax
Park Dedication
All Commercial
AH Residential
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_
—1 6- a a S - --
County Engineer
City Engineer
Housing
Environmental Health
County Clerk
Wddhte Officer
Sales:
00113 -63830 -039 County Code
- 69000 -145 Copy Fees
Other
Name:
Address:
(_'/ ) -, 5/ - s -
Phone
Total -�'/A 00
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Date. _C heck:___
Project: _
Case
No. of Copies
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