Loading...
HomeMy WebLinkAboutpitkin.planning.273718401003, 273718401004, 273718401005, 273718401006DOCUMENT" LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and /or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2737- 18 -4 -01 -005 Application Date: 12/16/10 Case No: P107 -10 Description: Pitkin Zero LLC/Trigar Investments LP /Ali Reza Rastegar Mlnor Amendment to Planner: Suzanne Wolff a Development Permit # Copies: Allocated Hours: 3 Project Address: 0 HWY 82, ASPEN, C081611 % Over Hours: 3.6 Property Owner: TRIGAR INVESTMENTS LP 8 Owner's REP: GLENN HORN REP's Email: ghorn @rof.net Referrals: ALL OTHER REFERRALS Comments Due Date: 01/14/2011 Meetings: list Meeting: Meeting Date: Review Body: adman Public Hearing? no Notice Date: Meeting Notes: Address: 0420 EAST MAIN ST, 210 Owner Phone: ASPEN, CO 81611 Address: 215 S MONARCH ST, 104 REP's Phone: (970) 925 -6587 ASPEN, CO 81611 Other Referrals: City of Aspen Parks Dept 1/11/11 City of Aspen Water Dept none 2nd Meeting: 3rd Meeting: Approvals: BOCC Resolution #: PSZ Determination #: BOCC Ordinance #. HO Determination #. Admin Determination #: 022 -2011 #579061 Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): Remarks: no vesting Application Type: Minor Amendment to a Development Permit Parcel ID: 2737- 18 -4 -01 -004 Application Date: 12/16/10 Description: Pitkin Zero LLC/Trigar Investments LP /Ali Reza Rastegar Mlnor Amendment to a Development Permit Project Address: 0 HWY 82, ASPEN, C081611 Property Owner: TRIGAR INVESTMENTS LP & Address: 0420 EAST MAIN ST, 210 ASPEN, CO 81611 Owner's REP: GLENN HORN REP's Email: ghorn @rof.net Address. 215 S MONARCH ST, 104 ASPEN, CO 81611 Case No: P107 -10 Planner: Suzanne Wolff # Copies: Allocated Hours: 3 % Over Hours: 3.6 Owner Phone' REP's Phone: (970) 925 -6587 Referrals: ALL OTHER REFERRALS Comments Due Date: 01/14/2011 Meetings: 1st Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date' Meeting Notes' Other Referrals: City of Aspen Parks Dept 1/11/11 City of Aspen Water Dept none 2nd Meeting: Approvals: BOCC Resolution #: P &Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 022 -2011 #579061 3rd Meeting: Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG). Remarks: no vesting Application Type: Minor Amendment to a Development Permit Parcel ID: 2737- 18 -4 -01 -003 Application Date: 12/16/10 Description: Pitkin Zero LLC/Trigar Investments LP /Ali Reza Rastegar Minor Amendment to a Development Permit Project Address: 0 HWY 82, ASPEN, CO 81611 Property Owner: TRIGAR INVESTMENTS LP & Address: 0420 EAST MAIN ST, 210 ASPEN. CO 81611 Owner's REP: GLENN HORN REP's Email: ghorn @rof.net Address: 215 S MONARCH ST, 104 ASPEN, CO 81611 Case No: P107 -10 Planner: Suzanne Wolff # Copies Allocated Hours: 3 % Over Hours: 3.6 Owner Phone: REP's Phone. (970) 925 -6587 Referrals: ALL OTHER REFERRALS Other Referrals: City of Aspen Parks Dept 1/11/11 City of Aspen Water Dept none Comments Due Date: 01/1412011 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes: Approvals: BOCC Resolution #: P &Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 022 -2011 #579061 Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): Remarks: no vesting Application Type: MinorAmendment to a Development Permit Parcel ID: 2737- 18 -4 -01 -006 Application Date: 12/16/10 Description: Pitkin Zero LLC/Trigar Investments LP /Ali Reza Rastegar MinorAmendment to a Development Permit Project Address: 0 HWY 82, ASPEN, CO 81611 Property Owner: TRIGAR INVESTMENTS LP & Owner's REP: GLENN HORN Address: 0420 EAST MAIN ST, 210 ASPEN, CO 81611 Address: 215 S MONARCH ST, 104 ASPEN, CO 81611 REP's Email: ghorn @rof.net Case No: P107 -10 Planner: Suzanne Wolff # Copies: Allocated Hours: 3 % Over Hours: 3.6 Owner Phone: REP's Phone: (970) 925 -6587 Referrals: ALL OTHER REFERRALS Comments Due Date: 01/14/2011 Other Referrals: City of Aspen Parks Dept 1/11/11 City of Aspen Water Dept none Meetings: 1st Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: 2nd Meeting: 3rd Meeting: Meeting Notes: Approvals: BOCC Resolution # BOCC Ordinance #: Admin Determination #: 022 -2011 #579061 Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): Remarks: no vesting P &Z Determination #. HO Determination #: Application Type: Minor Amendment to a Development Permit 41d =T'KINOUNT ADDRESS NOTIFICATION Date: 7/6/2017 Effective Date: 7/6/2017 New Assigned Address: 79 Winter Way Aspen, CO 81611 Former Address: 42376 Hwy 82 Reason for Assignment: New private Roadway Parcel ID: 273718401003 Lat/Lon: 39.181511 N, -106.803745 W Property Owner Name: KWOOD LOT 3 LLC Note: Winter Way is a new private roadway. The Hwy 82 address is officially retired and should no longer be used. Please update your address database to show this change. Please contact for any questions or Further Clarification. Thank You, Alex Durant Public Safety GIS Analyst, Pitkin County Government I BITS Phone: 970.429.6113 (0) Email: alex.durant@pitkincounty.com Address: 123 Emma Rd #106, Basalt, CO 81621 21 41� 4W EASTWOOD DR O,A '82 64' w4 122 102 18 ` . • -36 t 4 (t k HWY 82 r * 51 New Address Assigned: WINTER WAY 27 Winter Way r . 39 Aspen CO 81611 39.18157 N, -106.804257 W Retired Address 42302 Hwy 82 42489 New Address Assigned: 55 Winter Way New Address Assigned: Aspen CO 81611 79 Winter Way Aspen CO 81611 39.181556 N, -106.804027 W i Retired Address 42328 Hwy 82 39.181511 N, -106.803745 W Retired Address 42376 Hwy 82 . CO 75 7.3 CCOUNT Address Assignment OUNT Date: 7/6/2017 Legend • Addresses Parcel Boundary N Driveway • Road Centerline 1:1,500 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE RASTEGAR/TRIGAR INVESTMENTS LP MINOR AMENDMENT TO BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 140 -2006 AND HEARING OFFICER DETERMINATION NO. 47 -2006 Administrative Decision No�2011 RECITALS 1. Pursuant to Section 2- 20 -150.b of the Land Use Code, Trigar Investments LP (Lot 1), Ali Reza Rastegar (Lots 2 & 3) (collectively, "Applicant ") have applied to the Community Development Director of Pitkin County, Colorado ( "Director ") to amend the prior approvals to allow the Applicant to obtain access and earthmoving permits prior to approval of a water service agreement with the City of Aspen. 2. The property is located on East Highway 82 between the highway and the Roaring Fork River, and is described as Lots 1 -3, Block 4, Knollwood Subdivision. 3. The lots are zoned R -15 and contain 30,890, 16,780 and 17,114 square feet, respectively. The lots are all vacant. 4. The Hearing Officer denied the application for 1041 hazard review and scenic overlay review approval for Lot 1, pursuant to Determination No. 46 -2006, due to development on slopes in excess of 30% that was prohibited by the Land Use Code. The BOCC subsequently found and remediated a taking by granting approval to develop Lot 1, pursuant to Resolution No. 140 -2006. Concurrently, the Hearing Officer granted 1041 hazard review and scenic overlay review approval to develop Lots 2 and 3, pursuant to Determination No. 47 -2006. 5. The BOCC subsequently amended the prior approvals to realign the driveway and grant a five year vested right, pursuant to Resolution No. 016 -2009 (expires October 17, 2014). As part of this approval, the Applicant agreed to grant a trail easement for the East of Aspen trail across Lots 1 -3, which easement was granted to the City of Aspen as Reception No. 574988. 6. BOCC Resolution No. 140 -2006 and Hearing Officer Determination No. 47 -2006 require approval of a water service agreement from the Aspen City Council "prior to submission of any building or other development permits." The Applicant is requesting to amend these conditions to allow the Applicant to obtain an access and earthmoving permit prior to approval of a water service agreement to complete the driveway and utility improvements on the properties at the same time that the City of Aspen is completing its work on the East of Aspen Trail. 7. The Director finds that the proposed amendment complies with the applicable provisions of the Land Use Code, and will not change the use of the proposed development or the basic character of the land, is consistent with action taken during the original review, does not increase off -site impacts or the allowable floor area, and will not endanger the public health, safety or welfare. 8. The Director further finds that the prior approvals contemplate the potential for each lot to install a well, if the City Council denies a request for a water service agreement. Therefore, it is not necessary to tie RECEPTION #: 579061, 04/1212011 at 02:30:45 PM, 1 OF 3, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO Administrative Decision No.p2017 Page 2 the infrastructure installation to the City's approval of a water service agreement. In addition, Sec. 7-50 - 20(b)(2) of the Code requires "all applicants for building permits for dwellings... to show proof of adequate water supply..." At building permit application for each lot, the owner will be required to provide the water service agreement or well permit, whichever is applicable. THE DIRECTOR DOES HEREBY APPROVE the Rastegar /Trigar Investments Minor Amendment, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. All conditions of BOCC Resolution Nos. 140 -2006 and 16 -2009 and Hearing Officer Determination No. 47 -2006 shall remain in full force and effect, except as amended herein. Replace the second condition #2 in BOCC Resolution No. 140 -2006 as follows: A. Prior to submission of any building permit applications, the Applicant shall: 1) Obtain approval of a water service agreement from the City of Aspen . If the City denies a request for a water service agreement, the Applicant may install a well on each lot, pursuant to an approved well permit from the State Division of Water Resources. The Applicant shall adhere to any limitations imposed by the well permit on outside water usage. 2) Obtain approval of a line extension request and a collection system agreement from the Aspen Consolidated Sanitation District. Service is contingent upon compliance with the District's rules, regulations and specifications. 3) Conduct a subsurface investigation to define groundwater levels. 3. Condition No. 3 of Hearing Officer Determination No. 47 -2006 shall be replaced with the following: Prior to submission of any building permit applications, the Applicant shall: A. Obtain approval of a water service agreement from the City of Aspen. If the City denies a request for a water service agreement, the Applicant may install a well on each lot, pursuant to an approved well permit from the State Division of Water Resources. The Applicant shall adhere to any limitations imposed by the well permit on outside water usage. B. Obtain approval of a line extension request and a collection system agreement from the Aspen Consolidated Sanitation District. Service is contingent upon compliance with the District's rules, regulations and specifications. C. Conduct a subsurface investigation to define groundwater levels. 4. Prior to submission of access and/or earthmoving permits for driveway and utility construction, the Applicant shall submit for approval by the County Attorney and Community Development Department an Improvements Agreement consistent with Sec. 2- 20- 130(a) of the Land Use Code, which shall constitute the Applicant's agreement to construct the driveway and install the common utilities for Lots 1 -3. The East of Aspen trail shall be rebuilt to the City of Aspen's specification upon completion of the access and infrastructure improvements. 6. The Applicant shall adhere to all material representations made in the application. Administrative Decision Na�1011 Page 3 APPROVED by the Director, this 8b of , 2011. �Ck��u �(�R Cindy Houben, Community Development Director P107 -10 PID #273718401003/004 /005/006 December 13, 2010 Davis Horn• PLANNING & REAL ESTATE CONSULTING Suzanne Wolff AICP Pitkin County Community Development Department 130 S. Galena Street Aspen, CO. 81611 RE: Minor Amendment to a Development Permit for the Rastegar Property on Independence Pass(PID9 2737 - 184 -01- 003, 2737 - 184 -01- 004,2737- 194 -01 -005 and 2737- 184 -01 -006) Dear Suzanne: Davis Horn Incorporated represents Ali Reza Rastegar, Trigar Investments L.P. and Pitkin Zero LLC, the owners of Knollwood Subdivision Block 4, Lots 1, 2 and 3 and Lot 0 which has merged with Lot 1. The owners of these three properties are the applicant in this request for a Minor Amendment to a Development Permit. The lots are located approximately one half mile up Independence Pass from downtown Aspen. The property's location is shown on the vicinity map in Attachment 1. The applicant is requesting approval for a Minor Amendment to a Development Permit in order �lQ to amend conditions of BOCC Resolution No. 140 -2006 which requires approval of a watery �0 service agreement from the Aspen City Council "prior to ubmission of any building or other y development permits ". The request is to eliminate the phtse "or other development permits" to allow the applicant to obtain an access and an excavation permit prior to the water service agreement approval in order to complete the driveway and utility improvements on the properties at the same time that the City of Aspen is working on the public trail that crosses the property. This will allow the driveway and utility construction to proceed simultaneously with the trail work. We are therefore requesting that the condition regarding the water service agreement be amended to require the approval for the water service agreement prior to issuance of a building permit but after issuance of access and excavation permits. This application includes the following sections: • Background; • Site Description; • Proposed Amendment; • Land Use Approvals; and • Summary. 215 SOUTH MONARCH ST. -I- ALICE DAVIS AICP S GLENN HORN AICP SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180 adavis @rof.net ghorn @rof.net 000003 «('.7�;&A BACKGROUND The three subject properties received land use approvals from Pitkin County which were prior to 2006 and pursuant to the previous Pitkin County Land Use Code. The approvals were amended in 2009 at which time a significant public trail easement across the property was dedicated to the City of Aspen for the existing East Aspen Trail and the County granted the owners vested property rights for five years. Please refer to Attachments 2, 3, 4, 5 and 6 for the approval documents governing the use of the properties. Attachment 4 is Board of County Commissioners Resolution 016 -2009 approving the Rastegar / Trigar Investements LP /Pitkin Zero LLC Subdivision Exemption for a Minor Plat Amendment, Minor Amendment to a Development Permit, Merger, Activity Envelope and Extension of Vested Rights. Attachment 5 is the Trigar Investments, L.P. & Ali Reza Rastegar Lot Line Adjustment and Minor Plat Amendment and Attachment 6 is the Trigar Investments, L.P. & Ali Reza Rastegar 1041 Environmental Hazard Review Site Plan. The original land use approval documents from 2006 are still in full force and effect and include BOCC Resolution 140 -2006 and Hearing Officer Determination No. 47 -2006. These are Attachments 2 and 3. The most recent approvals granted land use approvals to construct a driveway to access Lots 1, 2 and 3. The driveway intersects SH 82 on the west half of Lot 1 (previously "Lot 0 "), crosses the three lots heading east, then continues with emergency only access across the adjacent Lot 4 on the east. These approvals also merged `Lot 0" to the west with Lot 1, designated an activity envelope on " Lot 0" for the driveway, landscaping, utilities and drainage improvements, and a riparian area enhancement envelope within 100 feet of the river. The approvals also amended the previously approved activity envelopes to accommodate the revised driveway and other improvements, granted Scenic View Protection approval and granted a five year extension of vested property rights. To accomplish the proposed minor amendment, only BOCC Resolution No. 140 -2006 needs amendment. SITE CONDITIONS The three subject properties are zoned R -15. Lot 1 contains 30, 890 square feet, Lot 2 contains 16,780 square feet and Lot 3 contains 17, 114 square feet. Lot 0 to the west of Lot 1 was a metes and bounds property which merged with Lot 1, therefore the size of Lot 1, originally 14,205 square feet, is now much larger with 30,890 square feet. The western half of the new, larger Lot 1 (primarily where Lot 0 used to be) is only approved for utilities, the driveway and the Salvation Ditch while the approved location of a future residence will be located on the eastern half of the site, essentially the original Lot 1. The Salvation Ditch crosses the northern boundary of the properties, as does a major, existing bike path (The East Aspen Trail) and numerous utility lines. The State Highway 82 right of way bounds the properties to the north and there is a 100 foot setback required from SH 82. The OOCOO2 location of the access driveway described in the background section was studied extensively in the approval process due to the many issues involved including the culverting and re- location of the Salvation Ditch, the existing and re- alignment of the bike path, utility lines, setbacks and drainage issues. All of Knollwood Subdivision on the north side of SH 82 drains across the highway on to the subject properties and the drainage has never been properly managed. The development of the approved project including the culverting /re- location of the Salvation Ditch will properly direct and manage the drainage. Proposed Amendment The proposed amendment does not change the approved project. The proposed amendment will change the requirement for a water service agreement to be approved by the Aspen City Council prior to "submission of any building permit or other development permits" to state that the water service agreement is required "prior to the submission of any building permit'. To accomplish this, only BOCC Resolution No. 140 -2006 needs amendment. The amendment will simply move the condition regarding the water service agreement from the items required prior to submission of any building or other development permits to a section listing items required prior to building permit. Eliminating the "other development permits' phrase allows the applicant to proceed with grading and excavation for utility and driveway construction now, while the City is developing the new East Aspen trail alignment. The applicant would them be allowed to obtain excavation and access permits for such construction before approval of a water service agreement by Aspen City Council, but the agreement will be approved prior to submission of any building permit. There are the following two minor topographical errors in BOCC Resolution 140-2006 which will be cleaned up with the proposed amendment language. First there are two items given as 42 in the conditions of approval. The resolution will be re- numbered to eliminate the second #2. Second, item #3 (re- numbered to item 44) begins "Prior to issuance of any building permit applications, the Applicant shall... ". The word "applications' is inappropriate and will be removed. The two clean up items and the proposed amendment will result in the following changes to BOCC Resolution 140 -2006 which are illustrated in Attachment 7. 1. Items 2 through 13 will be re- numbered 2 through 14 so 92 is not given twice. 2. The word "applications' in the newly re- numbered item 4 will be eliminated. 3. Newly re- numbered item 3 will be amended to move sub -item A (regarding the water service agreement) to newly re- numbered item 4. This leaves sub -items B and C under 3 to become sub -items A and B. 4. Newly re- numbered item 4 will have a new sub -item A (moved from item 3 above) regarding the water service agreement and the existing sub -items A through G will now be A through H. -3- 000003 Land Use Requests A pre - application conference summary is found in Attachment 8. As required in the summary. the following sections of the Pitkin County Land Use Code will be addressed: Section 2- 20- 150(b): Minor Amendment to a Development Permit; Section 2 -20 -130: Improvement Agreements, Development Covenants and Performance Guarantees — provide assurance that development of the residences will proceed after the driveway and utilities are installed. These two sections of the Code are addressed on the following pages. The Land Use Code language is given in bold, and the Applicant's response follows. Section 2- 20 -150.b Minor Amendment to a Development Permit A minor amendment to a development permit must meet the following criteria as determined by the Community Development Director: 1) Consistent with actions taken during previous development approvals for the property; and 2) Does not change the use of the proposed development between residential, commercial and tourist accommodations uses; and 3) Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; and 4) Does not constitute a new land development activity; and 5) Does not increase off -site impacts in the surrounding neighborhood; and 6) Does not endanger the public health, safety or welfare; and 7) Does not violate any Land Use Code standards; and 8) Does not substantially increase the need for on -site parking or utilities, or affect affordable housing generation; and 9) Does not increase the floor area of the use by more than five percent or decrease the open space on the site by more than five percent. The proposed minor change to require the water service agreement approval by Aspen City Council prior to submission of any building permit instead of prior to submission of any building or other development permit will meet the above criteria for a minor amendment to a development permit. Such amendment is consistent with the original approvals, the residential use is not changed, the basic character is the same, there is no new development activity, it does not endanger the public in any way, nor does it violate the any Land Use Code Standards, increase parking, utility or affordable housing impacts, increase floor area or decrease open space. The proposed amendment meets this section of the Land Use Code and furthers the intent and purposes of the Code. 000004 Section 2 -20 -130 Improvement Agreements, Development Covenants and Performance Guarantees, and Conservation Easements This section of the Code is listed in the pre - application conference summary in order, if it is deemed necessary, for the Applicant to provide the County with assurance that development of the residences will proceed after the driveway and utilities are installed. After reviewing these Code sections they do not appear to be applicable. The Applicant is investing a large amount of money in the driveway and utility improvements and plans to retain one lot to build a home for personal use. The other two lots will either be sold vacant or sold with a spec home. It does not appear to be necessary, or necessarily in the public's best interest, to assure that residences on the three lots are completed. SUMMARY The Applicant owns three lots in two ownerships in the Knollwood Subdivision on Highway 82 east of Aspen. The lots have Pitkin County approvals pursuant to the approval documents in Attachments 2, 3, 4, 5 and 6. This request for a minor amendment to a development permit will change one condition of approval regarding the timing of when a water service agreement for the three lots must be approved by the Aspen City Council. The existing condition requires a water service agreement to be approved by the Aspen City Council prior to "submission of any building permit or other development permits ". The amendment will change the requirement to state that the water service agreement is required "prior to the submission of any building permit ". Eliminating the "other development permits" phrase will allow the applicant to obtain access and excavation permits in order to proceed with grading and excavation for utility and driveway construction now, while the City is developing the new East Aspen trail alignment. The applicants will be allowed to obtain excavation and access permits for such driveway and utility construction before approval of a water service agreement by Aspen City Council. The following attachments are included with this application: Attachment 1: Vicinity Map: Attachment 2: BOCC Resolution No. 140 of 2006 Finding a Taking and Remediating the Taking for the Trigar Investments, LP Property (Lot 1, Block 4, Knollwood Subdivision) Attachment 3: Hearing Officer Determination No. 47 -2006 Approving the Rastegar 1041 Hazard Review, Conceptual Submission, Scenic Overlay Review and Subdivision Exemption for a Minor Plat Amendment; Attachment 4: BOCC Resolution No. 016 -2009 Rastegar / Trigar Investements L.P. / Pitkin Zero LLC Subdivision Exemption for a Minor Plat Amendment, Minor Amendment to a Development Permit, Merger, Activity Envelope & Extension of Vested Rights; -5- OU' U00b Attachment 5: Trigar Investments L.P. & Ali Reza Rastegar Lot Line Adjustment and Minor Plat Amendment; Attachment 6: Trigar Investements L.P. & Ali Reza Rastegar 1041 Environmental Hazard Review Site Plan; Attachment 7: Changes Necessary to Accomplish the Proposed Amendment to Resolution 140- 2006 Attachment 8: Pre application conference summary; Attachment 9: Authorization Letter from property owners authorizing Davis Horn Inc. to submit this application and to represent them in the review process; Attachment 10: Signed Fee Agreement for Payment of Land Use Application Fees; Attachment 11: Proof of Ownership — a letter from J. Bart Johnson, attorney for the owners stating ownership of the subject properties; and Attachment 12: J. Bart Johnson - Powers of Attorney to Represent the Owners. Please call if you have any questions or concerns. Sincerely, DAVIS HORN INCORPORATED Az� al�' GLENN HORN AICP I in 000006 r T O Q O C) C Z ui am NUM TEA+ z r z W 2 1 1 I 1 I I F- 1 � � 4 1 D 1 - 1 � I Q 000007 I 1 i V N y O A M V Q ti U J` I 0 )1 vo -OV s� 1. � 1 M I �5M gt I 1 0 w Q k P k 3t N V M�vi ewe vi V � V r T O Q O C) C Z ui am NUM TEA+ z r z W 2 1 1 I 1 I I F- 1 � � 4 1 D 1 - 1 � I Q 000007 I 1 i V N y O A M V Q ti U J` I 0 )1 vo -OV s� 1. � 1 M I �5M gt I 1 ATTACHMENT Z _ RESOLUTION OF'1'IIF BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, FINDING A "TAKING AND RFMEDIATING TIIE TAKING FOR THE TRIGAR INvI:STMFNTS LP PROPERTY (LOT 1, BLOCK 4, KNOLLWOOD SUBDIVISION) Resolution No./V-2006 RE(_ITALS Trigar Investments LP ( "Applicant ") has applied to the Pitkin County Hearing Officer ("Hearing Officer ") to obtain 1041 hazard review and scenic overlay approval to designate building and development envelopes for a single family residence. 2. The Applicant has also requested subdivision exemption approval for a minor plat amendment to add an easement for an emergency vehicle turnaround on Lot I for the benefit of Lots 2 and 3; and to reduce the width of the utility easement on the west side of Lot I from 15' to 10 3. The lot is located on the south side of Highway 82 between the highway and the Roaring Fork River, and is legally described as Lot I. Block 4, Knollwood Subdivision. 4. The lot is zoned R -15, is located within the Urban Growth Boundary, and contains 16,670 square feet. 5. The lot was created in 1963 as part of the Knollwood Subdivision, which was approved by the County (P!at Book 1, Page 286). The lot is exempt from growth management and has not merged. 6. The Hearing Officer denied the application at a duly noticed public hearing on October 17, 2006, pursuant to Determination No. 46 -2006. The Hearing Officer found that that the building envelope and the access envelope to accommodate the emergency vehicle turnaround above the Salvation Ditch contain slopes in excess of 30% and 45 %, and that the encroachments onto slopes in excess of 30% are prohibited by Sec. 3- 80 -50(C) of the Land Use Code ( "Code "). The applicant submitted a request for a takings determination pursuant to Sections 3 -290, 4 -150 and 5 -220 of the Land Use Code on October 17, 2006 to determine whether the Hearing Officer's denial of the application constitutes a taking of private property without just compensation. °. The BOCC considered the takings request at a regular meeting on November 15, _ at which time further evidence and testimony were presented with respect to the taking. `) Ti;e 130CC determined that a taking had occurred pursuant to Sections 3-290 and 4 -150 of the Code, based o n the following lindir.gs: "e preposcd development cannot avoid slopes in excess of 30 %, 3 fhc proposed huildin{ cmclope is th .uu! e best possible location on the proper,- for development, r- I i'.c den al e on %tout, a taking of all reasonable use and economic return from the • pr��perl', (r (lie !1r ir-r _on•,ulered {hc rcrncdianon at a regular meeting on December 6, 2006, at which tune the n,li� . .,1 tinprn v.�l ' acu'ntcd � 32818 12 11 41 00000 u T C R 0 00 0 0 00 ResnluNon No, /t/0 -1006 I' . 1 . pt ,. investments Wp 10ERE 4 and Re Exemption fora Mi l I ` tlC l )LV F,D by the 1 30CC that the denial of the 'fnga u.,ri ',unmrsion. Scenic Overlay Review and ;ubdivtsion Pitkin County Land Use Code. nor Plat Arncndrn (. ,r r• mr—j pursuant to Sections view and 1-1 50 of the RE IT FURTHER RESOLVIa I,, 'hc i;r u.0 that It does hereby remediate the taking gr antin g approval, subject to the follm. 111; _umi;u ,n which shall run with the land and be binding on all successors in interest 6 by I • The Applicant shall adhere to all matcru,i rerrcr,cntauons mad i e n the application or in meetings or hearings and shall consid e n conditions ofa amended by other conditions. publi t} ;csc ; epresentati pproval, unless 2. Prior to submission of any future buildme „r ,rther development permit applications, the Applicant shall be required to submit for approval by the Gunn A Hazard Review Site Plan in accordance with Land ttorney and Communi it Use Code Section 5 -70 -040, which shall depict the building and development envelopes, and an , amended Plat in accordance with Land U e i Section 5-40. The above referenced approvais shall be a condition precedent to finalization and recordation. Tile mylar copy of the site plan and plat must be signed by the owner prior to submittal for recording. The site plan and plat shall be amended as follows prior to recordation: A. The Community Development Director stercture block shall be revised for the BOCC. B. Delineate a separate "access, utn and urn round envelope" and a separate "landscape envelop in the area above (north) of the new drivc C. Include the correct lot size for the lot a sun e, or shall resolve the discrepancy in the lot size prior to submission for recordation. D. Include the lot area calculations for Ire !ut..�,th the appropriate deductions for the area below the high water line of the Roaring For!, Rn cr ;;nd the area within the access easement. 2. Prior to submission of any buildme ,�c`, c;opment permits, the Applicant shall: A. Obtain approval of Water Ser% ce :\ere',nient from the Aspen City Council. denies a request for a water son I c , ;crecr. cnt, the If the City Counr,i well permit from Applicant may install a well on the lot, pursuant to an to an approved t�.c �iz;c ;.,�r;ion of Water Resources. The Applicant shall adhere y limitations imposed by ,,rd ;i c l Consolidated d d IS the .�ci! ;,,., , B. Obtain a ppr a line ex 'n outside water usage. tens:c:; c.,t lection system agreement from the Aspen S of anitation Drstr;ct Scr.; •: ,, utingent upon Di;tn t'•, rule regulations and specifications compliance with the C Conduct a subsurface rme n . "c,undwatcr levels. 3 Prmr to Issuance of and- huddml ; err•:::. r t y c Applicant shall A Obl:nn an accc per ^:.I .I„ Fn�:neer. Cummun;ly 1)c•.c� :; ;�...r., -..r., "'Moir ,hall be approved by the I'h,nrnn;- • a c,np, "t the t'Ur r f .n_,_,.. ,I,( Aspen I Ire Marshal e Apphc,.uu ii.:;! : from CDOT' to upon uI,. n- aurreIf •.uc dr.umce .r, dc•.u;!, ,; i ,,, IIII IIili llli' III I ? 1 ? �Ij'I I III O 3 2 8.1 - a i 000003 .,a n n ©0 Res0leuron No.lL -2006 Page 3 Slate Highway Access Code. The Applicant shall also provide a final approval from the Salvation Ditch Company to pipe the ditch and construct the driveway above the ditch. The access /driveway plan for Lot I must be coordinated with and compliment the access drivewa Y/ plan on B. Obtain a fireplace /woodstove permit from the Community Developm C. Submit a drainage and erosion control y p lots 2 and 3. D. ontrol housing impact fees, pm Department if necessary. plan for review and a pproval by the Pay the applicable road and em pl oye e Planning Engineer. E. Pay the applicable fees to the City of Aspen Water Department and the Aspen Consolidated Sanitation District to obtain water and sewer service, if required. F. Submit a final landscaping plan for review and approval by the Community Development Department. The final plan shall be substantially con landscape plans dated 3/8/06. sistent (at a minimum) with the conceptual G. Submit a precise engineer or geologist approved mitigation plan for any development on slopes in excess of 30% for review and approval by the Community Development Department and the Planning Engineer. The plan shall show the area of disturbed slope, any re- gradin g re quired and the exact size and location of all mitigation devices. 4. The applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the minimum of a 30 foot perimeter around the structure, fuels a Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of ttvo times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel. above :he ground and ladd C. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet er fuels from around trees and brush shall be removed. D. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. E. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. F. The density of fuels within a 100 foot perimeter of the structure shall be reduced. G. All deadfall within the 100 foot perimeter shall be removed. H. Low vegetation shall be maintained within a 10 foot perimeter around all structures. I. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. The applicant shall comply with the following additional wildfire mitigation standards: A Roots shall be constructed with a Class A roof covering or a Class A assembly. Wood shale shingle .Wf coverings are prohibited. Roofs with less than a 3:12 Pilch arc not permitted unless the' comply with the following: ) All roof coverings shall be noncombustible materials and installed on a Class A roof'assembl_v roof All root covering ,}all have a surface that shall facilitate the natural process of clearing the All roof do ,tSn, ,hall facilitate the natural process ofcicarmg roof debris. Protrusion•, above the roofline, ,uch its parapc(s shall be prohibited. IIIIIIIIIII �IIIII I II IIIII� Jill IIII 53280of t t .omr, .0 P 0 00 41 n 0 00 00001 iyi Retu/uii(in N0.110 -2006 Page 4 4 ) Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal ofa building permit application. D. Vents shall be screened with corrosive resistant wire mesh with mesh Y. inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. 14. Swimming pools shall be accessible to Fire Department vehicles. 1. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above- ground tank. Anv wood enclosure around the tank shall be constructed with materials appr resistive construction on the exterior side of the walls. oved for 2 hour fire - N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. O. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. P. New utility lines shall be buried within the building or accesMandscape/utility envelopes. 6. The Applicant shall comply with the following to mitigate ecological impacts: A. Instal! and use an approved bear -proof trash container. B. Native vegetation shall be maintained outside of the building and access /landscape /utility envelopes. C. Fruit- bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in this area. 7. All areas disturbed by construction shall be rcvegetated within one growing season of the projects completion. 8 Prior to commencement of am earehmovme or construction activity, the Applicant shall corners of the huiidinq envelope and m:,tall construction fei stake the nc ng around the perimeter of the building and access /uulityilandscape envelopes slit fencing shall be installed along the southern boundary of the bulidmg envelope Mite fencing ,hall rcrnatn to place until issuance of a certificate of occupancy 9 rhe App shall comply with the applicable codes and requirements of the Aspen Fire Protection water •.upply District, inclluding with not "Trilled to acce,•, and adequate turnaround area, fire sprinkler systems aril Ili I.t¢Innip •.hall cornph wrlh tilt Pit4 I„ r •,tint•. it,lttt•, ••tandards Tt cllbct at the tune of in•.tall.itnni I I��III VIII III�II �II! 'IIII� III1I �IIIII lil lull �lll ll�l 5 ° 28a08 11 , R A Nd i Ov00J 1 ° 0 on rrcrorunorr No, .7006 Page S I I. No development, including grading, excavation, fill placement, berthing, landscaping ve tation removal or disturbance, shall uccur outside of the a cnvclopes. Construction stagin in parking, PProved building and access /landcape /utility within the a p g' P g, utility and driveway approved envelopes. extension and maintenance shall occur 12. Failure to comply with these conditions of approval may result in revocation of this Permit or any subsequent permits rela P ted to this property, 13. Statutory vested rights for the approval contained herein are Land Use Code and Colorado Statutes, subject to the are rant P ikin Counin County Code, § 4 -140 and C.R.S., § 24 -68 -105. The granted herein shall expire on December 6, 2009. tY Land Use e statutory vested right //// APPROVED AND ADOPTED on the 6` day of December, 2006. (/ik'7rFb RD/�f py PSro-,v -rs Aoy - /CE AIS rrfo /k BOARD OF 5v£" T�, fs G Efv <y pr'1AR OF COUNTY COMMISSIONERS, �.4 i2 v ff R /L/ CO U N TY, COLORADO By � /_ ?� Mick Ireland, Chair Jones. Clerk the BOCC ED AS TO CONTENT: APPROVED AS TO FORM: Cindy Houben Community Development Director 1'069 -n6 PID 4273 7 18401 003 John E my A IlEi 1E1 11111 IN TP I�III IIII IIII 12 / 9/ 11 � 91 "� R 0 00 0 0 00 000012 ATTACHMENT `', DETERMINATION Ol''I'lli; 111:; \Itl^ (, Oi i !(.1':It OE'rill., COMMUNITY DEVELOPMENT DEPARTMENT OE I'ITKIN ('OI'.\'l l', t t API 'ROVIN(; THE RASTT,C.V2 1041 IIAZAUD REVIEW, CONCE TI AL 1('11J11S510N, SCENIC OVERLAY REVIEW AND SUBDIVISION 1?Xf;111' 1'ON "WA ,111NOR PLAT AMENDMENT DPtermlml(Ion Nn. tR_2006 I. Ali Rent Rastegar 1 "applicant ") ha', ,rl,pil,,,l III the Pltkin County Hearin Officer ") to obtam 1041 hazard r" tc\ and , grit" „ crlac a r b Officer ( "Hearing envelopes fbr sutgle famd) residences on each agent l oSnate building and development ts. oyal to des., 2 . The Applicant has also requested ,ubdl\ 1 ,t,,It c approval for a minor plat am an access and utility casement across Lot ' n •r.t buts endment to add Lot 2 to benefit Lot I. 1 and 2, an access and utility easement across 3 The lots are located on the south ,Ide of Hieu\'.av 82 between the highway and the Roaring Fork River, and are legalh described as Lots _ and ?. I31r c1, ,t. hnolhvood Subdivision. 4. The lots are zoned R -I5, are located w[hut :! ;_'rhan Growth Boundary, and contain 17.235 and 17.785 square feet, respectiNely. 5 The lots %%ere created in 1963 as part of tJre K,;,,Il. \,,nd Subdivision, which was approved by the County (Plat Book 1. Page 286). The lots are e.\emnt :'r _rough management and have not merged. 6. The Hearing Officer considered this app! i;c at a dulv noticed public hearing on October 17, 2006, at s�hich time evidence and testtmom �%as prc c:a vtth respect to the application. The Hearing Officer finds that the pr( cd !- t:;!din❑ and access /utilityi t he 100 dear floodplain of the Roaring Fork Rn c: ,:n aelineated riparian areas: and that the wildfire landscape envelop a old hazard is rated as lo%N and can be mnlgated 8 The Hearing Officer further finJ, III: r re\ Ic\% criteria m the Code -" ic, elopment complies wtdt the scenic overla\ r l I he Hearin" Officcr further lmd, ;li,a �;, d amendments to the plat are c.onsistem rL appheahlc reyuircmcnts,IfiLc Land I x i ,,t No \\ T11rREE0It► Ill' 1 1111 I Icannu r Illi he dnc. here., , ticcnl� 1 hrtl,I� kc.ic\\ earl the land ,uul he hnlJ Utc �m •rll u�, �., „„ iii i . : i the 1 ppllurnl �,h; ill ,¢Ilrcn. I.�,ill n i;. •i :, :. �n hc,uui: " „wrl .h Iln . Lu I'llhnt ('punts Commuml) Dc\elopmcnt .r h n I I Iiazard Rc%Ic\\. C Suinn r..vm Ili the Inllrn \me Lnndnluns ,hlch ,hall run ,•.;;I, r, it -idu• in Ihc:rpphc.at wn ti or in public nI%cIlnr •'ndnunn, ul , rpprmal unlc anlcndr_d I,•. Iim nl I , ippli�.nn,n', the '1lipin .u�l ; . urlr �nnnnrnll'• Ur•.clr �I•nu_nl .i ;n� �, 000013 0013 Determination No. �! -2006 Page 2 building and development envelopes, and an Amended Plat in accordance with Land Use Code Section 5-40. The above referenced approvals shall be a condition precedent to finalization and recordation. The mylar copy of the site plan and plat must be signed by the owner prior to submittal for recording. The site plan and plat shall be amended as follows prior to recordation: A. The Community Development Director signature block shall be revised for the Hearing Officer. B. On both lots, delineate a separate "access and utility envelope" and a separate "landscape envelope" in the area above (north) of the new driveway. C. Include the correct lot sizes for the lots; a surveyor shall resolve the discrepancy in the lot sizes prior to submission for recordation. D. Include the lot area calculations for each lot, with the appropriate deductions for the area below the high water line of the Roaring Fork River and the area within the access easements. 3. Prior to submission of any building or other development permits, the Applicant shall: A. Obtain approval of a Water Service Agreement from the Aspen City Council. If the City Council denies a request for a water service agreement, the Applicant may install a well on each lot, pursuant to an approved well permit from the State Division of Water Resources. The Applicant shall adhere to any limitations imposed by the well permit on outside water usage. B. Obtain approval of a line extension request and a collection system agreement from the Aspen Consolidated Sanitation District. Service is contingent upon compliance with the District's rules, regulations and specifications. C. Conduct a subsurface investigation to define groundwater levels. 4. Prior to issuance of any building permit applications, the Applicant shall: A. Obtain an access/driveway permit for the driveway, which shall be approved by the Planning Engineer, Community Development Director and the Aspen Fire Marshal. The Applicant shall submit a copy of the CDOT access permit and written approval from CDOT to open the access once CDOT confirms that the access complies with the required site distance as described in the State Highway Access Code. The Applicant shall also provide a final approval from the Salvation Ditch Company to pipe the ditch and construct the driveway above the ditch. The access /driveway plan for Lots 2 and 3 must be coordinated with and compliment the access driveway /plan on Lot 1. B. Obtain fireplace /woodstove permits from the Community Development Department, if necessary. C. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. D. Pay the applicable road and employee housing impact fees. E. Pay the applicable fees to the City of Aspen Water Department and the Aspen Consolidated Sanitation District to obtain water and sewer service, if required. F. Submit a final landscaping plan for review and approval by the Community Development Department. The final plan shall be substantially consistent (at a minimum) with the conceptual landscape plans dated 3/8/06. G. Submit a precise engineer or geologist approved mitigation plan for any development on slopes in excess of 30% for review and approval by the Community Development Department and the Planning Engineer. The plan shall show the area of disturbed slope, any re- grading required and the exact size and location of all mitigation devices. 5. The applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: IN 11111111111111111111111111111111 5 68 @ / X 03: taF ,IRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 Uetermurutnm No. q4- 200(, Puge 3 A. Brush debris, and nori- tmtalncnnrl vegetation shall be removed within a minimum 10 loot perimeter around the structure. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fu ofa 30 foot perimeter around the structure, els a minimum C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall be Irom the edges of the crowns of the fuel. D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. E. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of the structure shall be reduced. H. All deadfall within the 100 foot perimeter shall be removed. 1. Low vegetation shall be maintained within a 10 foot perimeter around all structures. J. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 6. The applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall be constructed with a Class A roof covering or a Class A assembly. Wood shake /shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comph with the followin I ) All roof coverings shall be noncombustible materials and installed on a Class A roof assembiv. 2) All roof covering ng the roof. s shall have a surface that shall facilitate the natural process of cleari 3) All roof designs shall facilitate the natural process of cleating roof deb roofline. such as parapets, shall be prohibited. ris. Protrusions above the 4) Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings. or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. B Vents shall be screened with corrosive resistant wire mesh with mesh 1: inch maximum. C Roof's and Butters shall be kept clear of debris. D Yards shall be kept clear of all litter, slash. and flammable debris. E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from am structure. F Weeds and grasses wnlun the 10 foot peruneter shall be maintained to a height not more than G mc11cs G I'irct ood' tocnl piles Shall be titrum urc , lacl.cd nn a parallel contour a minimum of 15 leet away from the I i tit nnmule pun's Shall he acrc,tiihle to fire I)epart I enl vehicles I I cnu°• ,hall he 4.cfl Llcar ul brush and dchrts J \t od'cnccs 111,11 Mi unuiccl to 111t: truUUre h. . \In , nnhinlduies , n addapui,d .uucturc•, 111,11 adhere to the sarne'dandards as structuic'. I. I ucl I,iu1 ti .h.ill Lc urdallcd undcrenFund "ilh ,in approved container 11 I'n gtuic lent, , .hall he uraallc11 .icLnrdnic In 'JI PA 48 standards and nn a comournvav Irom Iht urlui unl.u'I Icl_a.it,l_ Ir,i c •.crcnuitll Motivation ,rotund •m% ahovc- - -round Lin' +n•. •'' , I _n ,,u, a „ uii,l ilia Lwt hail I�� „n .IniUCd wnh malcriak tppro%c•tl It -- hour lilt nr i.li. , 'In , l n1 , .I 'h._ ,•..ill, 000014 I III V III II IIII IIII IIII I III I I� V II I I!IIIIIIIIIIIIII P n0 ? u y yy 7 y ye Uelernturulion No. � - 2006 /'uge 4 N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. 0. Addresses shall be clearly marked will) 2 inch non - combustible letters and shall be visible and installed on a non combustible post. P. New utility lines shall be buried within the budding or access /landscape/utility envelopes. 7. The Applicant shall comply with the following to mitigate ecological impacts: A. Install and use an approved bear -proof trash container. B. Native vegetation shall be maintained envelopes. outside of the building and access /landscape /utility C. Fruit - bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in this area. All areas disturbed by construction shall be revegetated within one growing season of the project's completion. 9. Prior to commencement of any earthntoying or construction activity, the Applicant shall stake the and accesss s corners / the building envelop the building envelopese and install construction fencing around the perimeter of the building env' envelopes. Silt fencing shall be installed along the southern boundary of . The fencing shall remain in place until issuance of a certificate of occupancy. 10. The Applicant shall comply with the applicable codes and requirements of th water supply. e Aspen Fire Protection District. including but not limited to access and adequate turnaround area, fire sprinkler systems and 11. Lighting shall comph with the Pitkin County lighting standards in effect at the time of installation. 12. No deNelopment, including grading, excavation fill placement, berming, landscaping, vegetation removal or disturbance, shall occur outside of the approved building and access/landscape /utility envelopes. Construction staging, parking. utility and driveway extension and maintenance shall occur within the approved envelopes. 13. Failure to comph with these conditions of approval may result in revocation of this permit or any subsequent permits related to this proper%. 14. Staturory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land i.:bC Code and Colorado Statutes. subject to the exceptions set forth in Land Use Cody. 4-140 and CIZ.S , § . "fhc statuto y nested rights Pitkin County ts granted herein shall expire on 24 -Cg_ 10s October I'. _009 NO Il('I; O!' pt I3L1(' III:.Vt1.N'G 1'( '13LISIIIa _00G m I "hc Aspen "times Wcckh' on the 13'' day ul \aunt. 11'1 RON'CI) AND , \1)01''1'1;1) .,n Ilic 17 "',la nl llclobcr, 2006. I' .V 'I'I:It \UOI' f ION fOIt pi'n I un . \� c i \'1:5 "1'1:1) REAL 1 'IZO1'1:lYl "Y Itl al'i S ui o1c .^. '.t � cl I•. ni Ilia � Ln I I IIIII!� III�I IIII�I IIII I�I�! IIIII� I'll! I II VIII IIII IIII 5306110 J E N„ lAf 7 N 'A% Derermmurlon No. -2006 /'age 5 ATTEST: �Q' i e t - A Donnie Waechtler, Administrative Assistant APPROVED AS TO FORM: 10ltti Ely, County Attorney Case I�P069 -06 PID 8 273718401004 $ 273718401005 COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO E Jd K. T u_, Hearing Utficer Date APPROVED AS TO CONTENT: Cindy Houben� ` Community Development Director IIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII P9:5 -f UDILL PITKIN COUNTY CO R 0.0 0.o 11/03/2006 e3,10F 0 0 0.00 000046 ATTACHMENT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE RASTEGAR/TRIGAR INVESTMENTS LP /PITKIN ZERO LLC SUBDIVISION EXEMPTION FOR MINOR PLAT AMENDMF.Nf, MINOR AMENDMENT TO DEVELOPMENT PERMIT, MERGER, ACTIVITY ENVELOPE., AND EXTENSION OF- VESTED RIGHTS Resolution No. 016 -2009 RECITALS Pitkin Zero LLC ( "Lot 0 "), Trigar Investments LP (Lot 1), Ali Reza Rastegar (Lots 2 & 3) ( "Applicant ") have applied to the Pitkin County Board of County Commissioners ( "BOCC ") to amend the prior approvals to construct a new driveway to access Lots 1 -3; the driveway would intersect with the highway on "Lot 0" and emergency egress would be provided on the existing easement on Lot 4. The prior approval anticipated access to the three lots across Lot 4, with an emergency vehicle turnaround on Lot 1. Other amendments /requests include: A. Merge "Lot 0" and Lot 1. B. Designate an activity envelope on "Lot 0" for the driveway to Lots 1 -3, landscaping, utilities and drainage improvements. A "riparian area enhancement envelope" is proposed within the 100' stream setback. C. Amend the previously approved activity envelopes to accommodate the revised drivewav and other improvements. D. Obtain scenic view protection approval for a new house design for Lot 1. E. Obtain a 5 year extension of vested rights. 2. The property is located on East Highway 82 between the highway and the Roaring Fork River, and is described as Lots 1 -3, Block 4, Knollwood Subdivision, and a metes and bounds parcel referred to as "Lot 0 ", which is more specifically described in Exhibit A. 3. The parcel and lots are zoned R -15 and contain 14,205 and 16,683 square feet, respectively. The parcel and lots are all vacant. 4. The Hearing Officer denied an application on Lot 1 requesting 1041 hazard review, conceptual submission, scenic overlay and minor plat amendment approval for a single family residence and driveway, due to encroachments on slopes in excess 30% and 45 %, pursuant to Determination No. 46 -2006. The BOCC subsequently found and remediated the taking, pursuant to Resolution No. 140- 2006. Concurrently the Hearing Officer granted 1041 hazard review, conceptual submission, scenic overlay and minor plat amendment approval for single family residences and a driveway on Lots 2 and 3, pursuant to Determination No. 47 -2006. These decisions approve the development of a common driveway that would provide access to all three lots across an easement that traverses Lot 4. 5. The Applicant subsequently acquired "Lot 0 ", which is a remnant of the Benedict Estate, to order to provide a new access to the lots. The deed for "Lot 0" prohibits buildings or structures on the property, but allows non - structural improvements, including driveways, irrigation ditch improvements and relocations, underground utilities, landscaping and benning, and storm water drainage and improvements. RECEPTION #: 557907, 04/09/2009 at o00U1� 01:56:26 PM, U t OF 9. R 30.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County. CO lirti nluNuq No 0/6 -2009 Pa,if . J 6 1 he I3OCC heard the applications at pit hh h, .0 u i . , . I I I Lbruary 25 and March 1], 2009 at which times evidence and testimony were presented «uh r..;n_ t t thi, application 7. '1 he 13OCC finds that: A. The proposed driveway with access acr „"., I.,,t 0” prop ides superior sight distances to the previously approved access across Lot -I. ;md. therefore, is preferred from a safety standpoint for driveway, highway and trail users. B. The proposed amendments are consistent v, :th the applicable requirements of the Land Use Code, C. It is appropriate to grant a five year extenvon of the vested rights given the public benefit associated with the granting of a trail casement for the existing East of Aspen trail and a possible extension of the trail and the increased stream setback on Lots I, 2 and 3. D. The Applicant has complied with the procedures in the Code to merge "Lot 0" and Lot 1, and thereby acknowledges that there is only one development right associated with the merged lot, which will be exercised with the development of the residence on Lot 1. E. The activity envelope on Lot 0 for driReRS1, ditch improvements, landscaping, utilities and drainage improvements complies with the 100' stream setback. In addition, the envelope is primarily located on slopes of less than 30 9 ,b. and the slopes in excess of 30% within the envelope are minor anomalies that resulted from the construction of the Salvation Ditch. F. The proposed residence on Lot I complies �� ith the standards for development within the scenic view protection area. NOW, THEREFORE, BE IT RESOLVED bN the Pitkin County Board of County Commissioners that it does hereby merge "Lot 0" (as described in Exhibit A) and Lot 1, Block 4, Knollwood Subdivision. The floor area for development on Lot 1 shall be based solefN on the lot area of the original Lot I and shall not include the lot area of "Lot 0 ". BE IT FURTHER RESOLVED by the BOCC that it does hereby approve the Rastegar/Trigar Investments LP/Pitkin Zero LLC Subdivision Exemption for Minor Plat Amendment, Minor Amendment to Development Permit, Activity Envelope, and Extension of Vested Rights, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in public hearings and in the application. 2. The conditions of BOCC Resolution No. 140 - 2006 and I fearing Officer Determination No. 47 -2006 shall remain in full force and effect, except t� modified herein. 3. Concurrent with recordation of the amended plat and site plans for Lots 1 -3, the Applicant shall: A. Amend the Site Plan for Lot 1 to reflect the merger of Lot I with "Lot 0" and depict the envelopes on both lots. Prior to recordation, the Applicant shall be required to submit the site plan for approval by the County Attorncv and ('ommtmity Development. B. Grant and record an casement for the bcnclit of the City of Aspen along the existing East of Aspen Trail across Lot "0 ", Lot I and it portnm of Lot 2 as shown in Exhibit B. The casement shall include provisions to ensure that the ,ili;nuncfn and design of the bike /pedestrian trail within this portion of the easement is accept;ih)c t the ( it) of Aspen. 000018 Kesoluuon No 014 .2009 Page 3 — C. Grant and record a trail easement for the benefit of the City of Aspen along the north side of Lots 2 and 3 beginning at the eastern terminus of the easement referenced in Condition 311 l he southern boundary of such easement shall be one loot north of the northern boundary of the Applicant's proposed driveway area (including the adjoining drainage channel), as depicted on the Access and Multi -use "frail map attached as Exhibit 13. The easement shall include the following provisions: 1) The City and the Applicant have concluded that the City will probably need to construct a retaining wall within the easement as part of the trail improvements. The easement will provide that the retaining wall will be a Mechanically Stabilized Earth (MSE) wall with a fagade that matches, in material and color, the fagade of the retaining wall constructed by the applicants on Lots 0 and I. The City may propose an alternative design for the retaining wall or an alternative to the retaining wall, but any alternative will be subject to the approval of the grantor of the easement to ensure aesthetic compatibility with the Applicant's development. 2) The easement will also reserve to the grantor the right to install reasonable landscaping in the easement area along the trail where space is available, so long as it does not interfere with the function or use of the trail. 3) The trail easement will provide that the grantor and the City will coordinate the construction of the trail with the construction of the Applicant's driveway improvements and will endeavor to undertake construction of the trail and the driveway improvements simultaneously, if reasonably possible. 4) There is a major drainage from the north side of Highway 82 that enters the Applicant's property at approximately the north corner of Lot 3. This drainage will need to be captured and directed into the new Salvation Ditch culvert to be installed by the Applicant. The easement agreement with the City will provide that the City will include within its design and construction of the trail a means of picking up the drainage from the existing culvert under Highway 82 and conveying it under the trail and to a mutually agreed upon point within the northern part of Lot 3 (which may be within the City's trail easement). From this mutually agreed upon point, the Applicant will be responsible for continuing the drainage into a sub -grade connection point with the Salvation Ditch culvert. The City and the Applicant will cooperate in good faith on the overall design and construction of this drainage facility. 5) The easement will be granted to the City based on the City's "Trail Easement" form with such changes as are necessary to reflect the above - described terms and with such other reasonable revisions to which the applicant and the City may agree. D. Record a Development Agreement to memorialize the extension of vested rights. Prior to recordation, the Applicant shall be required to submit the Development Agreement for approval by the County Attorney and Community Development. 4. Prior to recordation, the site plans for Lots 1, 2 and 3 shall be amended to reflect the increased setbacks from the Roaring Fork River — an additional 12 -15' setback from the delineated riparian area on Lot 1, an additional 15' setback from the delineated riparian area on Lot 2 and an additional 15-25' setback from the delineated riparian area on Lot 3, as shown on attached Exhibit C. 5. With the first development or building permit application, the Applicant shall: 000019 C'i „hrhrrri No 406 -2009 A. Submit a construction management plan b” ,,II I,I a,c, ul construction, including driveway, buildings and landscape work. 13 Submit a detailed drainage and erosion cutUt.l plan for the entire development. Ifsite disturbance is more than one acre, the Applicant shall uhtam a State Stornnvater Permit C. Submit a detailed revegetation and reclamation plan 6 Prior to issuance of any building permit apphuniuns for f.oto 1.3, the Applicant shall: A. Submit a riparian area enhancement plan for all of the lots. Only riparian plantings shall be allowed within the riparian area enhancement envelope. No grading or vegetation removal shall occur within the riparian enhancement envelope, except on Lot 0, where limited grading and vegetation removal may be permitted in association with the culverting of the Salvation Ditch, as shown on attached Exhibit D. The plan shall include at least eight 10' evergreen or spruce trees to be planted within the riparian area enhancement envelope on Lot 0; these trees shall be planted prior to commencement of construction on Lot I. B. Obtain an access /driveway permit for the driveway, which shall be approved by the Planning Engineer, Community Development Director and the Aspen Fire Marshal. The Applicant shall submit a copy of the CDOT access permit. The permit application shall include sight distance analysis and methodology and utility line locations and shall address the transition between the common access road and the existing driveway on Lot 4. The Fire Marshal shall approve the gate on the driveway where it connects to Lot 4. The Applicant shall ensure that the gate and emergency access is never blocked by snow, vehicles or other obstacles. C. Submit a tree removal /mitigation plan, which shall include a precise inventory of trees to be removed and shall provide for replacement of 100°io of the total diameter inches removed with new or transplanted landscape material; diseased trees or trees required to be removed for wildfire mitigation are not required to be replaced. 7. The culvert for the Salvation Ditch shall be sized to carry the maximum potential flow for the ditch. 8. No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 9. Statutory vested rights for the approvals referenced herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on October 17. 2014. 000020 Hezohinon No N4-2009 Page 5 NOTICE OF PUBLIC HEARING PUBLISHED IN TILE ASPEN TIMES WEE- on the 25 "' day of January, 2009. APPROVED AND ADOPTED on the I I ° i day of March, 2009. PUBLISHED AFTER A nOPTIO FO VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the ay of 2009. Jones, Clerk and APPROVED AS TO FnR1U John Ely, County Attorney L BOARD OF COUNTY COMMISSIONERS OF PI K COUNTY, COLORADO Patti Kay - Clapper, air Date: u Y —4)-7- U APPROVED AS TO CONTENT: I 1 v1 �>✓ \ �-tw`� �z 1. Cindy Houben, Community Development Director Case #P147 -08 & P 148 -08 PID273718401003, 273718401004 ,2 000021 i FA111B1T :1 Legal Description Those portions of Lots 10 and 11, Sectloui 18, Township 10 South, Range 84 West of the 6th P.M., described as follows: Beginning at a point on the southerly line of State I Iighway No. 82 whence the southwest comer of the SE' /<NE' /< (Lot 5), Section 18, Township 10 South, Range 84 West of the 6th P.M., of the Kimberly survey (said SW comer of said SE'aNE!6 (Lot 5) being also the southwest corner of Helen C. Bird's most northerly 40 acres and being also located at a point S. 1 °25'W. 10.58 feet from Corner No. 2 of the Highland Placer, U.S. Mineral Survey No. 6120 Am.) bears S. 76 0 44'30" W. 698.62 feet; Thence South 223.85 feet to the center of the Roaring Fork River; Thence S. 89 °31' E. 50.00 feet along center of the Roaring Fork River; Thence N. 6 °16' E. 228.68 feet to a point on the southerly line of said State Highway No. 82; Thence S. 87 0 40' W. 75.00 feet along southerly line of said State Highway 82 to the point of beginning; County of Pitkin, State of Colorado 00022 A -] G K2: CID I W o a cQ co . 'Q'II'd /NOISIAIQBIIS HOHVU ' 7 000023 •,", "r.0 O w � 7 XDVSIJS �o a� 000024 Ili � N N I - O r� I 1 sa CQ r i rA � W I i W 1 � , 000024 Ili 000025 1I11•, COLD. HIGM _ SG25 Z /Y , / COPYRIGHT Z . mo o z 2 W 0. Lu DP Z g o z : =u / REVISIONS L) OUTPA CELm''' .x z /o ATCH INDICA TES o LIMIT OF SCALE AS SHOWN DISTURBANCE GRAWING W PROPOSED r LIMITOF 1 DISTURBANCE BOOG VERSION 2 99 ------- - - - -�� sHCEr 5 CRAPI/IC SCALE .123 a �L1 _. r. .s° C: cc.cc IV sic. §s 6 n3-cc_ _ ,�,£ 3'R —e Ec I =f � cgiiR- i N S H m rn n A r' N m H m m m m -1 •i S O R w N > C ti x O y n 1 a C Z 1 STILLWATER RANCH SUBDIVISION /P.U.D. WRTX }v RI .1 m e ke °a c r g O 9RIg"L 4 ID UTI LI iY d DR41 N4GE 0 UTILITY — — d DRAINAGE CASE ... T N = UTITI, iY =DRA Nq, EASE MENT . W IDu UTILIT d DR41 NgDE EASEMENT C x H K q wa rn 8 1 I a:= n a p l 8 g =8 \\\ I H O I I a _ m > dlT 4 a. eo q �m >o z mg �: > z z a- 1.e 1 G O •y - hyRa 0 _off £ a Z j / z z o€ a I Ra8= IA I o m =_` � m z m e ke °a c r g O 9RIg"L 4 ID UTI LI iY d DR41 N4GE 0 UTILITY — — d DRAINAGE CASE ... T N = UTITI, iY =DRA Nq, EASE MENT . W IDu UTILIT d DR41 NgDE EASEMENT C x H K q r 8 H a F wa 1 I a:= n a p l r g =8 \\\ I e I I a _ 8g8^ n dlT 4 a. eo q mg �: r 8 H a F d 3= 2 a I w C 58 9 gg -g y9 S 93g� o 4�3 $ o z nE l _8 -9 2z NAP gv " :rE ° A. 8 9r» _z: 4 q m�bR3- E 3= e 8 m F C I N 8 a.90 e - ' -7 s'mm �N r o ;<a §§ D afi�� E 6 Amy o V a ®_ 4 A b a n m Ni l 0 try b8 m� r iu °1 6Y- B �4 a- 1 I N n l r g =8 \\\ I e I I a C 8g8^ e > z a- 1.e 1 G O 3P hyRa o€ a I Ra8= IA I o m =_` � z C8 a z o Z4 > 01 d 3= 2 a I w C 58 9 gg -g y9 S 93g� o 4�3 $ o z nE l _8 -9 2z NAP gv " :rE ° A. 8 9r» _z: 4 q m�bR3- E 3= e 8 m F C I N 8 a.90 e - ' -7 s'mm �N r o ;<a §§ D afi�� E 6 Amy o V a ®_ 4 A b a n m Ni l 0 try b8 m� r iu °1 6Y- B �4 a- C � i C C� f\ i 'F 2 R R n x S H 6 N X R R :! > e, R w O Z C ti n x a m 3 z N BT/LLNATBN NANCN 9l/BB/111,O Lil '" ai46R54v5¢ m ® asaa >ansa s - :sa�eamm� � 5� R 9T /LL I.1TlM NdNCB 9080 /I /B /ON P. B.B o 1 o en � m Y'sI1Y sl r m y 8 b O Y 9T /LL I.1TlM NdNCB 9080 /I /B /ON P. B.B o m �s € en Iz 8 b _ e m ® v� Y O Fo o � N m �s mss• 1] C) �J � C LA t� m a F' b tlI € r Iz 8 _ e m Y Fo mss• 1] C) �J � C LA t� m a F' b tlI 0 0 c� M r`; co STILLWATER RANCH SUBDIVISION /P.U.D. KUx u>a •r- / ./ � a z 1 C: C 9 0 J it -_ z / - � z y c 8 1 F o \O 1 S'< 1 II' n x o c O asps �: � a - o sos e z la N T- o a _ , 1 cr � i!i I I ag P o W QST ^�5�• /is / § r' F H - n x_ D H n > m � r 9 a - o td n a 8 ►r PU z� m O O g - nc o= -- � = :n _ mcm o o m - U1 l - O N - r n x_ D H n > m a a 8 ►r PU z� n x_ D H n > m ATTACHMENT PROPOSED AMENDMENTS TO BOCC RESOLUTION 140 -2006 Page 2 of 5 3.2—.Prior to submission of any building or other development permit, the Applicant shall: A. Appligillit shall adherg to any limitations ih@ B. Obtain approval of a line extension request and a collection system agreement from the Aspen Consolidation Sanitation District. Service is contingent upon compliance with the District's rules, regulations and specifications. C. Conduct a subsurface investigation to define groundwater levels. 4_9. Prior to issuance of any building permit applications, the Applicant shall: A. Obtain approval of a Water Service Agre ment from the as en Citv Council. If the City Council denies a request for a water service ag r eement. the Applicant may install a well in the lot, pursuant to an approved well permit from the State Division of Water Re sources. The Applicant sh II adhere to anv limitations imp sed by the well permit on outside water usage. B. Obtain an access /driveway permit for the driveway, which shall be approved by the Planning Engineer, community Development director and the Aspen Fire Marshall. The Applicant shall submit a copy of the CDOT access permit and written approval from CDOT to open the access once CDOT confirms that the access complies with the required site distance as described in the ..... Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: A, B, C, .. + Start at: 1 +Alignment: Left +Aligned at: 0.5" + Indent at: 0.75' 000029 Rernlarlon NO-NO -2006 Pro p051�0( Page 1 to R)e sd l (a - Cpxi _. " 1CHMENTiopr ) NOW, THEREFORE, BE IT RESOLVED by the'BOCC that( he denial of the Trigar Investments LP 1041 Hazard'Review, Conceptual Submission, Scenic Overlay Review and Subdivision Exemption for a Minor Plat Amendment constitutes a taking pursuant to Sections 3 -290 and 4 -150 of the Pitkin County Land Use Code. HE IT FURTHER RESOLVFD by the SOCC that it does hereby remediate the taking by granting approval, subject to the following conditions, which shall run with the land and be binding on all successors in interest: L The Applicant shall adhere to all material representations made in the Orin public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any future building or other development permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a 1041 Hazard Review Site Plan in accordance with Land Use Code Section 5 -70 -040, which shall depict the building and development envelopes, and an Amended Plat in accordance with Land Use Code Section 5-40. The above referenced approvals shall be a condition precedent to finalization and recordation. The myfar copy of the site plan and plat must be signed by the owner prior to submittal for recording. The site plan and plat shall be amended as follows prior to recordation: A. The Community Development Director signature block shall be revised for the BOCC. B. Delineate a separate "access, utility and turn around envelope" and a separate `landscape envelope" in the area above (north) of the new driveway. C. Include the correct lot size for the lot; a surveyor shall resolve the discrepancy in the lot size prior to submission for recordation. D. Include the lot area calculations for the lot, with the appropriate deductions for the area below the high water line of the Roaring Fork River and the area within the access easement. 3 Prior to submission of any building or other development permits, the Applicant shall: A. Obtain approval of a Water Service Agreement from the Aspen City Co u l `lfthe- Ci denies a request for a water service agreement, the Applicant may install a well on the lot, pursuant to an approved well permit from the State Division of Water Resources. The Applicant shall adh� to an limitations imposed by the well ermit on outside water usage. 14 Obtain approval of a line extension request and a collection system agreement from the Aspen Consolidated Sanitation District. Service is contingent upon compliance with the District's rules, regulations and specifications. fZ Conduct a subsurface investigation to define groundwater levels. )! Prior to issuance of any building permit q, �+as/the Applicant shall: S 'C Oht:un an accesvclriveway permit for the driveway, which shall be approved by the Planning lingineer, Community Development Director and the Aspen Fire Marshal. The Applicant shall submit a copy of the (.DOT access permit and written approval from CDOT to open the access 0111.e CDO'f cunf irms that the access complies with the required site distance as descrihcd in the IIIIIII 5 c e't 41 Go 100030 oe 0 0.00) ATTACHMENT PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: 9/2/10 PHONE: (970) 920 -5093 E -MAIL: suzannew(a)co.pitkin.co.us LOCATION: "Lot 0" and Lots 1 -3, Block 4, Knollwood Subdivision PARCEL ID #: 273718401003, 273718401004, 273718401005, 273718401006 ZONE: R -15 APPLICANT: Pitkin Zero LLC, Trigar Investments LP, Ali Reza Rastegar REPRESENTATIVE: Glenn Horn EMAIL: ghorn @rof.net Type of Application: Minor Amendment to Development Permit Description of Project/Development: The Applicant proposes to amend the conditions of BOCC Resolution No. 140 -2006 and Hearing Officer Determination No. 47 -2006, which require approval of a water service agreement from the Aspen City Council, prior to submission of any building or other development permits. The Applicant would like to complete the driveway and utility improvements at the same time that the City is working on the trail that crosses the property, and is requesting that they be allowed to obtain an access permit prior to approval of a water service agreement. Land Use Code Sections to address in letter of request/application: ➢ 2- 20- 150(b): Minor Amendment to Development Permit ➢ 2 -20 -130: Improvement Agreements, Development Covenants and Performance Guarantees — provide assurance that development of the residences will proceed after the driveway and utilities are installed. Review by: Community Development Director Public Hearing? NO Staff will refer the application to: City of Aspen Parks Department, City of Aspen Water Department FEES: $961 (make check payable to " Pitkin County Treasurer') $936 Planning flat fee (non - refundable; based on 3 hours of staff time; if staff review time exceeds 3.6 hours, the Applicant will be charged for additional time in excess of 3 hours at a rate of $312 /hour) ■ $25 Clerk Technology Fee To apply, submit 1 copy of the following information, unless noted otherwise: 1. Letter of request, summarizing prior approvals and addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; 2. Consent from the owner of the property for the representative to process the application and represent the owner (1 copy); 3. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 4. Street address and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County; 000031 5. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (form attached); 6. This Pre - Application Conference Summary Sheet. NOTES r PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. ALL MAPS SHALL BE FOLDED. This pre- application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 000032 ATTACHMENT 9 Ali Reza Rastegar Trigar Investments L.P. P.O. Box 130523 Houston, TX. 77219 -0523 November 18, 2010 Suzanne Wolff Pitkin County Community Development Department 130 South Galena Street Aspen, CO. 81611 RE: Authorization to Submit a Land Use Application Trigar Investments L.P. ( Knollwood Block 4, Lott) and Ali Reza Rastegar ( Knollwood Block 4, Lot 2, 3) Dear Suzanne: This letter authorizes Davis Horn Incorporated to submit a land use application for a minor amendment to a development permit for our three properties in the Knollwood Subdivision. The parcel identification numbers are 2737 - 184 -01 -003, 2737 - 184 -01 -004 and 2737 - 184 -01 -005. If necessary, you may contact me at (970) 544 -4602. Sincerely, Trigar Investements L.P. Owner, Knollwood Subdivision Block 4, Lot 1 a Ali Rc4yastegar U Owner, Knollwood Subdivisi lock 4, Lots 2 and 3 M 000033 ATTACHMENTJ,O PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and �� ��za ko6 Ir d- (hereinafter APPLICANT) AGREE AS FOLLOWS: L, P 1. APPLICANT has submitted to COUNTY an application for G m j YI(vf (x� a C��a12�00Vn2YL� i O — (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and /or Board of County Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on _ hours of staff time, and if actual time spent by staff to process the R application exceeds the average number hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben Community Development Director Effective 1/26/10 G:county \admin \forms \agreement to pay Print Name f�y ' / c Signature Date: /1 1-� - 2-0 Mailing Address: l 5 S. mn FI F S . 1 CH0034 ATTACHMENT I ( WAAS CAMPBELL RIVERA JOHNSON &VELASQUEZc J. Bart Johnson 970.544.4602 Johnson @wcrlegal.com November 19, 2010 Suzanne Wolff AICP Pitkin County Community Development Department 130 South Galena Street Aspen. CO. 81611 RE: Lots 1, 2 and 3. Block 4, Knollwood Subdivision Dear Suzanne: Please be advised that Ali Reza Rastegar is the owner of Lots 2 and 3, Block 4, Knollwood Subdivision and that Trigar Investments, L.P., a Texas limited partnership, is the owner of Lot 1, Block 4, Knollwood Subdivision, together with the adjoining metes and bounds parcel that has merged into Lot 1 pursuant to a plat amendment approved by the Board of County Commissioners. The parcel identification numbers are 2737 - 184 -01 -003, 2737 - 184 -01 -004 and 2737 - 184 -01 -005. If necessary, you may contact me at (970) 544 -7006. Sincerely, J. Bart Johnson for WAAS CAMPBELL RIVERA JOI INSON & VELASQUEZ LLP .. x„ ;,, r /P. -:5! -4715 .. r 7 ''17 1 'mJ fs r, i 1 1L 1 ,VnL0 e 141 r .giro S14 PrM, ,P,cr, a., gat WCNLEWL COM 000035 ATTACHMENT 12 POWER OF ATTORNEY Know All Persons by These Presents, that TRIGAR INVESTMENTS, L.P., a Texas limited partnership (the "Company "), hereby makes, constitutes and appoints J. BART JOHNSON as its true and lawful attorney -in -fact with full power and authority to act in its name and on its behalf with respect to the following subjects: To take any and all actions and to execute and deliver any and all documents, agreements, or other writings, as may be necessary, incidental, or desirable in connection with the ownership, use and/or improvement of Lot I, Block 4, Knollwood Subdivision, Pitkin County, Colorado, including, without limitation, entering into easement agreements burdening and/or benefiting such property, amending any existing agreements affecting such property, executing land use applications, executing subdivision plats or subdivision exemption plats, executing construction contracts, and obtaining zoning or subdivision approvals. The Company hereby ratifies, confirms and approves each and every act of said attorney -in -fact heretofore and hereafter taken in conformity with this Power of Attorney. This Power of Attorney shall be effective until revoked in writing, such revocation to be delivered to the attorney -in -fact named above. Everyone dealing with said attorney -in -fact shall be entitled to rely upon the certificate of such attorney -in -fact to the effect that its power is in effect and has not been revoked. In witness whereof, the Company has caused this Power of Attorney to be executed on this 30th day of July, 2008. RECEPTION #: 551547, 0 7/31/2008 at 03:12:03 PM, 1 OF 1. R 56.00 DF $0.00 Doc Code POA Janice K. Vos Caudill, Pitkin County. CO TRIGAR INVESTMENTS, L.P., a Texas limited partnership By: Ibex Capital Corporation, a Texas corporation its General Partner A , , By: I V V \II\ v / Ali Reza Rastegar President STATE OF COLORADO ) COUNTY OF PITKIN ) The foregoing instrument was acknowledged before nie this 30th day of July, 2008, by Ali Reza Rastegar as President of Ibex Capital Corporation, a Texas corporation, as General Partner of Trigar Investments, L.P., it Texas limited partnership. Witness my hand and official seal 40 • 'Sion expires: _ )� / ' Ur Notary Public My Commission Expires Mich 10 201? xu nx 1 000036 ATTACHMENT POWER OF ATTORNEY Know All Persons by These Presents, that ALI REZA RASTEGAR ( "Rasregar "), hereby makes, constitutes and appoints J. BART JOHNSON as its true and lawful attorney -in -fact with full power and authority to act in its name and on its behalf with respect to the following subjects: To take any and all actions and to execute and deliver any and all documents, agreements, or other writings, as may be necessary, incidental, or desirable in connection with the ownership, use and/or improvement of Lots 2 and 3, Block 4, Knollwood Subdivision, Pitkin County, Colorado, including, without limitation, entering into easement agreements burdening and/or benefiting such property, amending any existing agreements affecting such property, executing land use applications, executing subdivision plats or subdivision exemption plats, executing construction contracts, and obtaining zoning or subdivision approvals. Rastegar hereby mtifies, confirms and approves each and every act of said attorney -in -fact heretofore and hereafter taken in conformity with this Power of Attorney. This Power of Attorney shall be effective until revoked in writing, such revocation to be delivered to the attorney -in -fact named above. Everyone dealing with said attorney -in -fact shall be entitled to rely upon the certificate of such attorney -in -fact to the effect that its power is in effect and has not been revoked. In witness whereof, Rastegar has executed this Power of Attorney on this 30th day of July, 2008. ALI REZA RASTEGAR JAk LA )� — STATE OF COLORADO ) COUNTY OF PITKIN ) ss: The foregoing instrument was acknowledged before me this 30th day of July, 2008, by Ali Reza Rastegar. Witness my hand and official seal. My commission expires NOTARY PUBLIC My COMMSSM Eapres Mach 10 2012 euw, 4 Notary Public RECEPTION #: 551548, 0 7/31/2008 at 03:12:04 PM, 1 of 1, R S6.00 OF $0.00 Doc Code POA Janice K. Vos Caudill, Pitkin County, CO 00003 Bonnie Waechtler Subject: FW: Pitkin Zero LLC Tigar Investments LP Ali Reaz Rastegar From: Bonnie Waechtler Sent: Wednesday, December 22, 2010 1:31 PM To: 'Glenn Horn' Subject: Pitkin Zero LLC Tigar Investments LP Ali Reaz Rastegar PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 December 22, 2010 Glenn Horn 215 South Monarch Street, Suite #104 Aspen, CO 81611 hg orn rofnet Re: Pitkin Zero LLC/Trigar Investments LP /Ali Reza Rastegar Minor Amendment to a Development Permit (CASE P107 -10; PID 2737 - 184 -01- 003, 2737 - 184 -01- 004,2737- 184 -01 -005, & 2737- 184 -01- 006) Dear Mr. Horn: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093. Sincerely, BONNIE WAECHTLER ADM /N /STRATIVEASSISTANT TO PLANNING AND ZONING Pitkin County 130 South Galena 3rd Fl Aspen, Co 81611 970- 920 -5109 bonnie.waeclitlergco.pitkin.co.us Waechtler To: Brian Flynn; Phil Overeynder Cc: Suzanne Wolff Subject: Pitkin County Land Use Pitkin Zero LLC Application PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920-5439 MEMORANDUM To: City of Aspen Parks Department City of Aspen Water Department FROM: Suzanne Wolff, Community Development Department Suzanne wolffOco pitkin co us Re: Pitkin Zero LLC /Trigar Investments LP /Ali Reza Rastegar Minor Amendment to a Development Permit (PID 2737- 184 -01- 003 1 84 -01 - 004,2737 - 184 -01 -005, & 2737- 184 -01 -006; Case P107 -10) DATE: December 22, 2010 Attached for your review and comments are materials for an application submitted by Pitkin Zero LLC, Trigar Investments LP, and Ali Reza Rastegar. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, January 14, 2011. httP: / /www aspengitkin com Portals / /docs /county /Com %2ODev /Planning /Land Use Applications /1`107 10 app pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie.waechtlerCdco pitkin co us or 920- 5109. Thank you. BONNIE WAECHTLER ADM /N/STRAT/VEASS/STANT TO PLANNING AND ZONING Pitkin County 130 South Galena 3rd FI Aspen, Co 81611 970- 920 -5109 bonnie.waechtler&co pitkin co us ASPEN _ January 11, 2011 To: Suzanne Wolff, Pitkin County Planner From: Brian Flynn, City of Aspen Open Space Manager Re: Referral comments for the Minor Amendment to the Development Permit for the Rastegar Property. Please accept the following as the City of Aspen Parks and Open Space referral comments for the Minor Amendment to the Development Permit for the Rastegar Property. During the fall of 2010 the City of Aspen substantially completed Phase II of the East of Aspen 'Frail. Phase II of the trail completes a critical link from the east end of town and the core. It provides the necessary safety for pedestrians travelling the I lighway 82 corridor. The acquisition of a trail easement within the Rastegar Development was an important piece of trail providing the space for appropriate separation of the trail and highway. The City plans to complete the final asphalt overlays in the early spring of 2011. 'The installation for the access and infrastructure located in the Rastegar Development has an impact on the East of Aspen Trail. The City is aware of this impact and anticipates disturbance of the trail for the proposed work. The City requests the opportunity to review the proposed permit for access and infrastructure. The City will use this opportunity to identify requirements for crossing the trail, safety information, finished grades, paving standards and detours. If the amendment of the original approval allows for the work to be completed simultaneously, when the City is completing its project, this would help to limit trail disturbance. Additionally, Parks and Open Space Staff worked directly with the engineers of the Rastegar Development to design the appropriate driveway /trail crossing interface. After the work for the access/ infrastructure is completed, the expectation of the City is that the trail will be rebuilt to the specifications and comments reflected in an email to Mr. Horn dated March 16, 2010. Rastegar, COA Response Page 1 1 o1' I PITKIN C.UNTY COMMUNITY DEVEL:oPMENT Permit Receipt RECEIPT NUMBER 00030234 Name: Ali Reza Rastegar Date:12/16/2010 Project Address: NO ADDRESS ASSIGNED Type: check # 4955 Permit Number Fee Description 0107.2010. PLAN 0107.2010.PLAN PP- Flat Fee PP- Clerk Tech Fee Amount 936.00 25.00 Total: 961.00