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HomeMy WebLinkAboutpitkin.planning.264327100004 (2)DOCUMENT - LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and /or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) RECEPTION #: 578969, 04/05/2011 at 11:56:12 AM, 1 OF 17, R $0.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO ADMINI STRATIVE DETERMINATION OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE PRESUTTI ACTIVITY ENVELOPE AND SITE PLAN WITH SCENIC REVIEW Administrative Determination No.&J-2011 RECITALS 1. Timothy Presutti ( "Applicant') has applied to the Community Development Director of Pitkin County (hereafter "Director ") to establish Activity Envelopes and obtain Site Plan approval with Vested Rights to develop a single family residence with accessory residential uses. 2. The parcel is located at 1759 McLain Flats Road, Lot 17, Block 2, in the non -BOCC approved White Horse Springs Subdivision, PID# 2643 - 274 -00 -004 (Legal description Exhibit A). 3. The parcel contains approximately 7.90± acres and is non - conforming in size as it is in the RS -20 zone district. 4. The parcel obtained 1041 Hazard Review pursuant to Resolution No. PZ88 -49. A site plan was recorded at Book 22 Page 21. Pursuant to BOCC Resolution No.94 -29, the parcel obtained 1041 Hazard Review with Vested Rights and established an envelope. A revised site plan was recorded at Book 35 Page 46. The vested rights were extended pursuant to BOCC Resolution No. 97 -59. The resolution was amended to correct the application and owner for the public record; it is recorded at Reception No. 405137. 5. In 2000, an extension of vested rights was denied pursuant to BOCC Resolution No. 093 -2000. Pursuant to BOCC 143 -2000, the BOCC found that a taking had occurred and remediated the taking. Pursuant to Hearing Officer Determination No. 04 -2005 the parcel once again obtained 1041 Hazard Review and Conceptual Submission; a site plan was recorded at Book 72 Page 75. Two minor amendments to the envelopes were approved pursuant to Administrative Determination Nos. 94 -2005 and 115 -2008; an amended site plan was recorded at Book 90 Page 67. 6. The Director finds that the request complies with the applicable provisions of the Land Use Code, as follows: A) The slopes within the proposed activity envelopes are generally in the range of 30% to 45 %, but are located on the only areas for development due to the location of the Salvation Ditch and steeper slopes on the remainder of the parcel. Development on slopes greater than 30% can be mitigated pursuant to the provisions of 7- 20 -20.c. B) The property is mapped adjacent to elk and mule deer winter range, and according the Division of Wildlife lies within elk winter range, all of which can be mitigated pursuant to the provisions of Section 7 -20 -70 of the Land Use Code. C) The wildfire hazard is mapped as a severe wildfire hazard and can be mitigated pursuant to Section 7 -20 -60 of the Land Use Code. D) The parcel is located within a mapped Scenic View Protection Area; however the proposed residence, although visible can be mitigated to reduce the impact from McLain Flats Road. APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. This approval shall replace Hearing Officer Determination No. 04 -2005 [Reception No. 508360] and Administrative Determination Nos. 94 -2005 and 115 -2008 [Reception Nos. 515711 and 554916]. 3. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit review. Structures represented in the application might not be permitted under building and zoning regulations. 4. Prior to submission of any future building permit or development applications, the Applicants shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Sections 2.1.1 & 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. The Mylar copy of the plat shall be signed by the owner prior to submittal for recording. The Site Plan shall be amended as follows, prior to submission: A) Remove all lines associated with previously approved 1041 Hazard and Activity Envelopes. B) Include preliminary grading for the access drive realignment demonstrating that the driveway can be in conformance with the driveway standards in the Pitkin County Asset management Plan. C) Include the legal description and parcel id number in the title. D) Include the following Site plan notes: i. The parcel is mapped in a severe wildfire hazard area. ii. The parcel is mapped as Mule Deer Summer & Overall Range and Elk Overall Range and is adjacent to Mule Deer and Elk Winter Range. iii. Location and dimensions of parcel setback from the property lines. iv. Include a list of all previously recorded plats /site plans including title, and recorded book and page numbers for the parcel. E) Include the "Owner Signature" block with the disclaimer stating, "The Applicant has been informed by Pitkin County of the existence of environmental hazard areas that might affect the property, any improvements, and the use and occupancy thereof. The provisions of the Pitkin County regulations do not in any way assure or imply that areas outside of designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property. Administrative Determination No.W -2011 Page 2 F) Include the "Community Development Director Signature" block. G) Include the - Clerk & Recorder Signature" block. H) Include the slope analysis and category symbol boxes. 5. Floor area shall be limited to 5,570 square feet exempt from growth management without the use of TDR's or growth management allotments. Floor area shall be calculated based on the definition in effect at the time of building permit submittal. 6. No structural development in excess of 30" in height above natural or finished grade shall occur within the setbacks of the lot. Landscaping in the form of berms shall not exceed four (4) feet from the most restrictive grade. Any external development located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 7. All development on slopes 30% or greater shall comply with the following standards: A) Prior to submission of any new development permits, a precise engineer or geologist approved mitigation plan shall be submitted by the Applicant that shows the area of disturbed slope, any re- grading required and the exact size and location of all mitigation devices. The mitigation measures must be determined by the Community Development Department to be the least visually and ecologically obtrusive alternatives. Additionally, the report shall include mitigation for potential water displacement on the parcel to the east. Any new development shall be conditioned upon compliance with the report. B) An engineer or geologist licensed in the State of Colorado shall be required to demonstrate that the site can be engineered so that there is no hazard posed by the location of development on such slopes. C) To the extent possible, the development shall be designed so as to: avoid adding water to the site that would cause decreased stability; avoid removing the toe of the slope without adequate mechanical support; avoid increasing the weight load on top of the slope: re- contour disturbed slopes so that they can be re- vegetated; avoid steepening of existing slopes. D) If retaining walls are used, they shall comply with the following standards i. Retaining walls may be permitted to support steep slopes but should not exceed four (4) feet in height from the finished grade, except for: a) A structure's foundation wall, or b) As necessary to construct a driveway from the street to a garage or parking area, or c) As otherwise expressly allowed by the Land Use Code. ii. A retaining wall should not exceed seven (7) feet in height. Retaining walls greater than four (4) feet in height shall be supported by appropriate engineering and reviewed and approved by the Planning Engineer. Administrative Determination NqC�T-2011 Page 3 iii. Terracing should be limited to two (2) tiers. The width of the terrace between any two four (4) foot vertical retaining walls shall be at least three (3) feet. Retaining walls higher than four (4) feet should be separated from any other retaining wall by a minimum of five (5) horizontal feet. Terraces created between retaining walls shall be permanently landscaped or re- vegetated with native vegetation. iv. Retaining walls used to support existing road cuts may exceed (i), (ii), and (iii) of these guidelines. V. Retaining walls shall be faced with stone or earth- colored materials similar to the surrounding natural landscape. vi. All retaining walls shall comply with the adopted building code, except that when any provision of this section conflicts with any provision set forth in the adopted building code, the more restrictive provision shall apply. 8. The Applicant shall submit a subsoil report at the time of building permit submittal for review and approval of recommendations by the Planning Engineer. 9. The exposed boulders located above the primary activity envelope shall be removed or secured to the satisfaction of the Planning Engineer prior to issuance of the Certificate of Occupancy. 10. Prior to the issuance of each development permit for the parcel, the Applicant shall: A) Complete a fireplace /woodstove permit application form with the Community Development Department, if necessary. B) Obtain a County Access Permit for any major improvements or changes to the existing access road and /or existing/new driveways, which shall be approved by the Planning Engineer. The driveway layout shall be staked in the field and reviewed and approved by the Planning Engineer, prior to commencement of construction. The Access permit shall include: i. Demonstration that the proposed driveway does not encroach on steep slopes for more than one - hundred (100) linear feet. ii. Compliance with the current Asset Management Plan. iii. Engineering of all bridges and/or culvert crossings. iv. Details on all turn- around and parking locations. v. All utility line locations. Utilities shall follow the alignment of the approved driveway. All new utilities located on or servicing the parcel shall be located underground. vi. Compliance with the requirements of the Aspen Fire Protection Department regarding access. C) Submit a site specific, detailed drainage and erosion control plan prepared by a qualified engineer or geologist for review and approval by the Planning Engineer. All historic and natural drainage patterns shall be maintained. All Slopes steeper than 2:1 shall utilize erosion control blankets. If the project disturbs more than one (1) acre, a State Stormwater Permit shall be Administrative Determination Nat 2011 Page 4 obtained prior to permit issuance. Stormwater shall be detained onsite and allow infiltration of runoff prior to discharge. Larger foundation drains shall be used to mitigate any groundwater filtration from the Ditch. D) The Salvation Ditch shall be culverted and/or lined with a material suitable to the ditch company and the Planning Engineer, to prevent water seepage down slope, along the eastern edge of the primary activity envelope. The Applicant shall provide documentation of the ditch company's approval and a detailed ditch improvement access plan. The Applicant shall provide detailed information on how the ditch will be accessed for all work. E) Submit a detailed Construction Management Plan for review and approval by the Planning Engineer addressing all phases of construction including but not limited to showing the locations of staging, material storage including all retained soils and employee and construction traffic parking all within the approved activity envelope. F) Submit a lighting plan for review and approval by the Community Development Department to ensure compliance with the standards for residential use of the property. Driveway lighting is prohibited and all other lighting shall comply with the lighting code at the time of building permit approval. G) Pay the applicable road and employee housing impact fees. H) Provide proof of adequate water supply in terms of quantity and availability for domestic and fire protection purposes, and for irrigation purposes, as applicable, to the Environmental Health Department. 1) Obtain an OWTS permit from the Environmental Health Department. The system shall be located within the approved activity envelope and must comply with setback requirements from surface and groundwater sources. As part of the OWTS Construction Permit Application, the Applicant shall supply a copy of the well permit issued by the Colorado Division of Water resources for all wells located on the parcel. The hydrant on site shall be reviewed for proximity to the OWTS and may require relocation to protect the water from potential contamination. 11. A detailed landscape /re- vegetation plan shall be submitted prior to submittal for an)' excavation or building permits, for review and approval by the Community Development Department and the Colorado Division of Wildlife. Financial security may be required. The plan shall include: A) A tree mitigation plan for any trees to be removed with a 6 or larger D.B.H. B) A plan note that states, "Any planted landscaping may be browsed and damaged by elk/mule deer ". C) No vegetation that will attract black bears to the home or allow them to gain access to any upper level decks /windows. D) A re- vegetation plan for all areas of disturbance using only native shrubs and Pitkin County Approved Seed Mixes, especially Beneficial Browse mix along the borders of the approved activity envelope. ^ Administrative Determination No. -2011 Page 5 E) A detailed re- grading and re- vegetation plan for the abandoned driveway /road cut. F) Landscaping, of native species vegetation that reasonably screens and softens the visual impact of the residence from McLain Flats Road. G) A review, assessment and mitigation of the proposed landscaping/re- vegetation plan by a Pitkin County Wildfire Expert to ensure compliance with all wildfire regulations. 12. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the activity envelopes and install construction fencing around the perimeter of the envelopes. The fencing shall remain in place until issuance of a Certificate of Occupancy. 13. The residence shall be reasonably consistent with the images included in this application. as Exhibit B; the maximum height to the roof midpoint shall be shown on the elevations. The exterior of the residence shall be finished in the natural earth tones of the immediate vicinity; this applies to all retaining wall materials as well. Reflective materials shall not be used unless the materials are treated prior to installation to eliminate reflection. This shall include materials associated with solar or photovoltaic equipment. Color and material samples shall be provided to the Community Development Department for approval prior to issuance of any building permits. 14. All satellite dishes must be located to minimize visibility from McLain Flats Road and shall use earth -toned colors and screening to minimize their visual impacts. 15. No development, including grading, excavation, fill placement, driveway, turnaround, berms, landscaping, vegetation removal or disturbance, entry or ranch gates shall occur outside of the approved development envelopes, with the exception of measures to comply with the wildfire mitigation required herein. 16. The Applicant shall adhere to the following severe wildfire standards outlined in Section 7 -20 -60 of the Code: A) Defensible space: i. Brush, debris and non - ornamental vegetation shall be removed within a minimum ten -foot (10') perimeter around all structures. ii. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty -foot (30') perimeter around a structure built on flat ground. iii. Spacing between clumps of brush and vegetation within the thirty-foot (30') perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be two (2) times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. iv. All branches from trees and brush within the thirty-foot (30') perimeter shall be pruned to a height of ten (10') feet above the ground with removal of ladder fuels from around trees and brush. Administrative Determination No. �_I -2011 Page 6 v. Tree crown separation within the thirty -foot (30') perimeter shall have a minimum of ten feet (10') between the edges of the crowns, except for mature stands of Aspen trees where ladder fuels have been removed. In areas of Aspen regeneration, understory shrubs and down and dead materials shall be removed. vi. All branches that extend over the roof eaves shall be trimmed and all branches within fifteen feet (15') of chimneys shall be removed. vii. The density of fuels within a one - hundred foot (100') perimeter of the structures shall be reduced where natural reduction has not already occurred. viii. All deadfall up to a one - hundred foot (100') perimeter of the structure shall be removed. ix. No new conifer tress shall be planted within ten feet (10') of a residence. x. No flammable mulches shall be placed within two feet (2') of a residence. xi. The Applicants shall be responsible for the continued maintenance of the defensible space vegetation requirements. B) Access: i. Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriffs Department, local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. Where feasible, looped routes of access /egress to a public road shall be incorporated in the design of a proposed development. Looped routes of access /egress is defined as two (2) or more dedicated access roads to the main artery/highway for widely separated ingress /egress; looped drives with one (1) entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Community Development Department may approve vehicular turnaround areas a maximum of seven hundred fifty (750) feet apart installed between the road intersection and its terminus. Turnaround areas shall be the same standard as cul -de -sac turnaround pads; these may be incorporated into the proposed driveway entries. ii. New dead -end streets shall not be permitted, except for cul -de -sacs and other turnarounds accepted by the applicable local fire department. iii. Cul -de -sac turnaround pads shall have a minimum of thirty (30) foot drivable surface inside turning radius or a hammerhead or other T -area acceptable to the applicable local fire district. ir. New driveways and access roads shall enter the roadway at a ninety- degree (90 °) angle for the first twenty-five feet of the driveway. v. Fuel breaks as recommended by a wildfire expert approved by the County may be incorporated into the design of access roads or driveways. Administrative Determination No. W-2011 Page 7 C) Water Supply for Fire Safety: i. When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by the Community Development Department and the Aspen Fire Protection District. ii. Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). iii. The amount of storage capacity shall be a minimum of 20,000 gallons as determined by the Aspen Fire Protection district. Verification of the closest hydrant satisfactory to the Aspen Fire Protection District can mitigate this requirement. iv. Regardless of size, all structures (including detached garages and horse barns) where humans congregate regularly that are located on the parcel which is identified as containing "X— Severe Hazard: Brush" wildfire hazard shall be required to install in -house sprinkler systems that meet the standards of the Aspen Fire Protection District and the adopted Building Code. D) Roofing Materials: i. Class A covering or Class A Assembly as defined by the currently adopted building code. ii. No wood shakes or shingles. E) Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: L One (1) hour rated material or any material underlain by 5/8" Type X gypboard or equal, or ii. - 'Type IV" Heavy Timber materials, per the currently adopted building code. F) Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: L Construction with noncombustible or one (1) hour rated material, or material with flame spread <25 (tested to ASTM E84 and listed for exterior use) or ii. Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypsboard or equal (decking as "i " above), or iii. "Type IV" Heavy Timber materials: joist and beams minimum 6 "X10 ", columns minimum 8 "X8 ", decking minimum 4' in depth, or decking as "i' above; or equivalent log construction, or iv. Enclose projection vertically to ground with one hour fire resistive materials. Decking as 'T' above. G) Railings: i. Railings must be constructed of noncombustible or "Type 1V" Heavy Timber materials. Administrative Determination No. Cl-1-2011 Page 8 H) Exterior of the Structure, Including All Walls: i. One (1) hour fire resistive rated materials, or ii. 5/8" gypboard underlying combustible materials, or iii. Cement stucco, minimum 3 /4" thickness. iv. All glazing to be tempered glazing; and v. Doors to be metal or wood 1'/; ' thick minimum. 1) Roofs with less than a 3:12 pitch are not permitted in any wildfire areas unless they comply with the following: i. All roof coverings shall be constructed of non - combustible materials and installed on a Class A assembly. ii. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. iii. Protrusions above the roofline, such as parapets, shall be prohibited. iv. Roofs shall be installed as required by adopted building code and shall have a minimum slope of 1:48. v. All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. J) Maintenance and Miscellaneous Requirements: i. Roofs and gutters shall be kept clear of debris. ii. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one -fourth inch (1 /4 ") maximum. iii. Yards shall be kept clear of all litter, slash, and flammable debris. N. All flammable materials shall be stored on a parallel contour a minimum of fifteen feet (15') away from any structure. v. Weeds and grasses within the ten -foot (10') perimeter shall be maintained to a height not more than six inches (6 "). vi. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen feet (15') away from the structure. vii. Swimming pools and ponds shall be accessible by the Aspen Fire Protection Department. viii. Fences shall be kept clear of brush and debris. ix. Wood fences shall not connect to other structures. x. Fuel tanks shall be installed underground with an approved container. Administrative Determination No&-2011 Page 9 xi. Propane tanks shall be buried, if possible or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire - resistive construction on the exterior side of the walls. xii. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. xiii. Addresses shall be clearly marked with two -inch (2 ") non - combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non - combustible post. xiv. Any outbuildings or additional structures shall adhere to the same standards as primary structures. xv. The Applicant shall meet all of the codes and requirement of the Aspen Fire Protection District, including, but not limited to, Fire Department Access, turning around of apparatus, an approved fire sprinkler system, a minimum of 20,000 gallons water supply or confirmation of proximity to the nearest fire hydrant and detailed wildfire mitigation plans for landscaping and structural standpoints. )M. The Applicant shall comply with any additional standards of the Aspen Fire Protection District. 17. The Applicant shall comply with the following general conditions regarding wildlife: A) When existing native vegetation must be altered within the Activity Envelope, the applicant may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species. Should there be no opportunity on the property for habitat mitigation or restoration, off -site mitigation benefitting the same species may be required, or financial mitigation may be paid into a County habitat mitigation fund should such a fund be established in the future. B) Manipulation of vegetation outside of the Activity Envelopes and above the Salvation Ditch is prohibited in order to maintain the natural band of mountain shrub habitat which is highly utilized by wildlife. C) Mesh or woven wire fences are prohibited outside the Activity Envelope D) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. E) Wire fencing must be three (3) strands or less. The top wire should be a twelve- point -Five (12.5) gauge twisted barbless type at a maximum height of forty -two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart Adnvinistrative Determination No. -?011 Page 10 and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. F) Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. G) Due to high black bear activity especially in the fall. fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not preclude pre- existing native trees and shrubs. H) Development shall be clustered to the maximum extent possible to minimize impact on wildlife. I) Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. J) Trash/garbage shall be kept in an approved bear proof container or enclosure. These containers shall be accessible to and used at all times by contractors for all edible and food related trash on site. K) Bird Feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. L) Horse grains, pellets, and cookies shall be stored in bear resistant containers. M) Pet food shall not be left outside. N) All outside doors shall utilize only solid round handled door knobs unless another type is required by the applicable Building Code for disabled accessibility purposes. 18. The Applicant shall comply with the following additional wildlife standards: A) High impact recreational uses are prohibited. B) Dogs within or adjacent to winter range shall be kenneled within fifty (50) feet of the residential buildings, except for working dogs when at work. C) Contractors shall be prohibited from bringing dogs to the site. 19. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses, to limit water consumption and additional runoff, within one growing season after completion of construction. 20. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. Administrative Determination NoOIL-2011 Page 11 21. The Applicant has been informed by Pitkin County of the existence of environmental hazard areas that might affect the property, any improvements, and the use and occupancy thereof. The provisions of the Pitkin County regulations do not in any way assure or imply that areas outside of designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property. 22. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4 -140 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on April / , 2014. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 20th day of February, 2011. APPROVED AND ADOPTED this / day of April, 2011. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen R Times Weekly on the day o+rU , 2011. APPROVED by the Director, this I Sk day of April, 2011. r Cindy Houben, Community Development Director PID# 264327100004 P001 -11 Administrative Determination No.&J-2011 Page 12 EXHIBIT A LEGAL DESCRIPTION Subdivision: WHITE HORSE SPRINGS Block: 2 Lot: 17 Section: 27 Township: 9 Range: 85 TRACT OF LAND IN LOTS 8 & 16 OF SEC 27 -9 -85 DESC BY M/B BK 635 PG 696 Administrative Determination No. � -2011 Page 73 y 1 m I C Z X i.� 20SY46-0fb I I910�PenyoJ "+K'V �G InuleM KS zl POOMuA jq ' Uaa.l� uagala�� r7r, �� AL oN - _ iisie oP�olm'�aary TSOZ/TEh OtlOtl $1Y13 3NIMOOW 65LS �. SNOUVA 13`JNIOlinle y J Y I I �L= a o U I I W oGK[6U[s a1e -5 ON e itazhe /i uayoiaio SNouwa 9 ONimine IL9L8 op eolop'ua0 sq avoa si�nd 3Nnro�w es�i T ' n ti =v � 0 I, I `�aJ 22]S ON isle oGe+apO'ua]rv�_ STOZ/TE/T OVO8 SM 3111100W 69LT��. - .} � SNOI1VA313 9WOlI08 i t 0- o` U CZ , X 11 V lei - - -- C 2CS✓ZiA[6 I19I9�W VXa] va]N S InuleM OZS — (JOOMllaa]� uagola�� n /JJ�.G �f ' '�j {.+ ' � �/C. P `�aJ 22]S ON isle oGe+apO'ua]rv�_ STOZ/TE/T OVO8 SM 3111100W 69LT��. - .} � SNOI1VA313 9WOlI08 i t 0- o` U CZ , X 11 V lei - - -- C • (1L C6YL46dt6 nd LPTS..fi-0L6 11918 ^R+ol�J Vrlry 7 n�w>�v v . J" ►�'� /T u . LI9L8 apeiapp ua0ry iTOZTG£ /T OtlOtl Sltll3 3NIVl00W 6SLT JSNOUVA3l39NI011f10 Y J Y z 1 7C of 4/d MEMORANDUM TO: Cindy Houben, Pitkin County Community Development Director FROM: Cari Anne Holcomb, Planner RE: Presutti Activity Envelope and Site Plan Including Scenic Review with Vesting DATE: March 21, 2011 REQUEST: The Applicant requests an Activity Envelope and Site Plan including Scenic Review with Vested Rights for a single family residence and accessory development. The proposed envelopes and site plan are different than previous approvals for which vesting has expired. APPLICANT: Timothy Presutti REPRESENTATIVE: Gretchen Greenwood LOCATION: 1759 McLain Flats Road, Lot 17, Block 2, in the non -BOCC approved White Horse Springs Subdivision. PID# 2643 - 271 -00 -004; (Legal description Attachment A). ZONING/LOT SIZE: The parcel contains approximately 7.90± acres and is non - conforming in size in the RS -20 zone district. BACKGROUND AND EXISTING CONDITIONS: The subject parcel is located off McLain Flats Road, in the White Horse Springs Subdivision. The entire parcel is essentially a hillside that rises up from the flat pastureland and is laden with steep slopes. The proposed Activity Envelope and development lie near the bottom of the parcel and hillside, below the Salvation Ditch. The Applicant has also requested an envelope around the Salvation Ditch in order to line the ditch as required to prevent leakage of water downhill towards the development. The parcel obtained 1041 Hazard Review pursuant to Resolution No. PZ88 -49. A site plan was recorded in Book 22 Page 21. In 1994, the parcel obtained 1041 Hazard Review with Vested Rights and established an envelope pursuant to BOCC Resolution No. 94 -29. A revised site plan was recorded at Book 35 Page 46. An extension of vested rights was granted pursuant to BOCC Resolution No. 97 -59. The resolution was amended to correct the application and owner for the public record and is recorded at Reception No. 405137. In 2000, an extension of vested rights was denied pursuant to BOCC Resolution No. 093 -2000. Pursuant to BOCC 143 -2000, the BOCC found that a taking had occurred and remediated the taking. Pursuant to Hearing Officer Determination No. 04- 2005 the parcel once again obtained 1041 Hazard Review and Conceptual Submission. A site plan was recorded at Book 72 Page 75. A minor amendment to the access envelopes was approved pursuant to Administrative Determination No. 94 -2005 and an amended site plan was recorded at Book 76 Page 31. Pursuant to Administrative Determination No. 115 -2008, a utility envelope was amended and approval was obtained for a Page I of 8 000001 of' 12 landscape envelope. A second amended site plan was recorded at Book 90 Page 67. Vesting for the previous approval has expired and the new application proposed changes to the activity envelopes. Also, Scenic View Protection review is now required. REFERRAL AGENCIES: The application was referred to the Planning Engineer, the White Horse Springs Water and Sanitation District, the Colorado Division of Wildlife, Environmental Health and the Aspen Fire Department. Comments are attached for review and incorporated throughout. STAFF COMMENTS: ACTIVITY ENVELOPE REVIEW: Request for an Activity Envelope must comply with the provisions and policies of Chapter 7. STEEP AND POTENTIALLY UNSTABLE SLOPES: Land Use Code Sec. 7 -20 -20 addresses standards for development on potentially unstable slopes: Response: The slopes within the proposed envelopes are generally in the range of 30% to 45 %. There are limited areas in the envelopes containing slopes of less than 30 %. These very limited areas consist primarily of those parts of the property where the topography was previously altered to establish the road bed through the lower portion of the property and are not large enough to present an alternative building site. The proposed envelopes are located in the only areas for development, as it becomes steeper to the north and to the east above the Salvation Ditch. (Previous approvals also indicated no development above the ditch was approved.) Additionally the location of the proposed envelopes remains essentially the same as the previous approvals with the only differences being that (1) the proposed development and upper driveway have been lowered down the slope and (2) a separate envelope for required work on the ditch has been requested. Prior to submission of any development permits, the Applicant shall be conditioned to submit a mitigation report from an engineer or geologist which demonstrates that the site can be engineered in such a way that there is no hazard posed and shall show the area of disturbed slopes, any re- grading and the size and location of all mitigation devices. The Applicant must also demonstrate that the proposed driveway does not encroach on steep slopes for more than one - hundred (100) linear feet. All retaining walls shall meet the provisions of the Code. Finally, the Applicant shall be required at permit submittal, to submit a letter of approval from the Salvation Ditch Company approving the work as required to line the ditch. The Applicant shall also submit how the ditch will be accessed in order for the work to occur. WATER COURSES AND DRAINAGE: Land Use Code Sec. 7 -20 -30 addresses water resource standards which are applicable to all development. Response: The Applicant has indicated that all grading will remain within approved activity envelopes. An erosion and drainage plan shall be submitted for review and approval by the Planning Engineer at the time of each development permit submittal. The Applicant shall use standard practices to avoid erosion, maintain natural drainage patterns and minimize disturbance of natural vegetation and soil cover. Cuts and fills shall be adequately designed and re- vegetated with like, native plant materials. If the total development disturbs one (1) acre or more, a State Stormwater Permit shall be applied for and obtained. Stormwater shall be detained on site and allow for infiltration of runoff prior to discharge. The parcel will also be subject to previous conditions of approval, one of which required that the Salvation Ditch be either culverted, or lined along the distance of the building envelope. The other conditions are that there must be larger foundation drains installed, and that a swale be built around the Page 2 of 8 000002 residence to carry any water around the house. Due to the presence of a residence below the proposed building envelope, Staff is concerned that displacement of any water around a residence might adversely affect the residence below. Thus, the required engineering report (per the Code for development on slopes in excess of 30 %) shall address the "mitigation for potential water displacement on the parcel to the east." The Applicant must also comply with the criteria listed in Sec. 7- 20- 30.f.1 -4 with regard to the Salvation Ditch. WILDFIRE: Land Use Code Subsection 7 -20 -60 addresses development in wildfire hazard areas. Response: Wildfire: The parcel is mapped as a severe wildfire hazard area. The Applicant has committed to comply with the wildfire mitigation standards. The Applicant submitted a Wildfire Hazard Mitigation Report of the parcel, as reviewed by Art Hougland dated March 4, 2008 as documentation for a building permit. Mr. Hougland rated the wildfire danger as Moderate. He indicates in his report that much of the existing vegetation was covered under considerable snow. Mr. Hougland also reviewed the parcel for the previous determination in 2005 which indicated that the proposed envelope included several areas that were considered High/Severe Wildfire Hazard Areas. Given that the current application includes changes in the location and design of the development/access, the Severe Wildfire rating and conditions shall apply. In the future, the Applicant can request an amendment of the conditions of approval, utilizing a technical report of the currently proposed development. WILDLIFE: Land Use Code Subsection 7 -20 -70 address development in big game ranges. Response: The parcel is mapped as adjacent to elk and mule deer winter range. According to the Division of Wildlife's Kevin Wright, the parcel lies within elk winter range; elk utilize the steeper mountain shrub hillside above the proposed home site and Salvation Ditch. The site also lies within a black bear fall concentration/human- conflict area and mountain lions inhabit the area. Mr. Wright has included a list of recommendations for the parcel in addition to mitigating wildlife impacts by adhering to the general principles and standards of the Land Use Code. Mr. Wright is concerned specifically about dogs on the parcel and possible vegetation used in landscaping. No landscape plan was included in the application; the condition of approval shall include review and approval of all landscape plans by CDOW. SITE PLAN REVIEW The Applicant has requested site plan approval. This request requires a review of: (1) placement of development within an approved activity envelope; (2) development within a scenic view protection area pursuant to section 7- 20-120(d); (3) location of structures in accordance with rural character building guidelines pursuant to section 7- 20-120(e); (4) landscaping and vegetation protection pursuant to section 7 -20 -130; and (5) lighting in accordance with section 7 -20 -140. DEVELOPMENT WITHIN AN ACTIVITY ENVELOPE The proposed improvements have been located within activity envelopes. Grading: Grading and filling on site shall take place only within approved Activity Envelopes. All disturbed areas will be re- vegetated and landscaped. Tree Removal and Mitigation: Tree removal will be minimal and will be limited to activity envelopes. Any trees over 6 diameter at breast height which are removed shall be mitigated for, as required. Page 3 of 8 0ii0003 Protection of Natural Terrain: Any newly disturbed areas are proposed to be re- vegetated as shown on the site plan. The Applicant will remove and save topsoil and prevent weeds. All new utilities shall be located within the new driveway. The Applicant will utilize standard practices to avoid erosion, maintain natural drainage patterns and minimize disturbance of natural vegetation and soil cover. Cuts and fills will be adequately designed. The Applicant also intends to revegetate a section of the existing road cut that will be abandoned once construction is complete. The Applicant shall be conditioned to include this mitigation in the landscape /re- vegetation plan to be reviewed and approved by the Community Development Department. SCENIC VIEW PROTECTION: standards are designed to minimize the visual impact of new development when viewed from designated road corridors. Section 7- 20- 120(d) addresses standards for development within a Scenic View protection area: Response: The property is within the McLain Flats scenic view protection area ( "SVPA "). The Applicant states that the proposed structures have been located and designed to minimize the visual impacts from McLain Flats Road. The required tree mitigation/landscape plan shall be designed to aid in screening and softening the visual impact of the development as well. The development shall comply with the following standards: 1. The proposed development shall utilize existing topography and natural vegetation, such as ridges, hills, and existing trees, to screen buildings to the maximum extent practicable when viewed from those right -of -ways listed above. Response: The Applicant has sited the residence below the Salvation Ditch and in the current proposal, has lowered the location of the development in order to "tuck it" downhill as much as practicable. The property does not otherwise provide topography or vegetation that would screen the development. The Applicant will be conditioned to plant trees for mitigation and provide screening. 2. The proposed development shall avoid the location of structures within the Scenic View Protection Areas, and shall avoid the location of structures within any Vieuplane identified in the State Highway 82 Corridor Alaster Plan and Down Vallev Comprehensive Plan, if possible. If location outside the Scenic View Protection Area and defined Vieuplanes is not practicable, then the proposed development shall not be located on the highest ground or most visible portion of any site as viewed from those corridors. Response: The entire property is within the mapped SVPA, but it is not within an identified Viewplane. The Applicant has avoided the most visible portion of the lot, by locating the development as far down slope as possible. 3. The proposed development's height and bulk shall be designed to avoid, to the maximum extent practicable, the visibility of buildings from those corridors listed. This may include, but shall not be limited to, breaking down the mass of the building down into a series of small forms, articulation of the building facades to avoid a wall or row effect, and staggering rooflines to avoid a long unbroken plane. Response: The proposed development has been designed so the height and bulk of the residence appears to be a single story with the second story built into the hillside to reduce visual impact. The fapade and roof line have been staggered to break up the view plane. Page 4 of 8 000004 q. The proposed structure shall be placed so it does not project above a ridgeline such that a structure silhouettes against the sky when viewed from those corridors listed in subsection (b), unless there are no alternate building sites on the lot or parcel. Response: The proposed structure does not project above the ridgeline such that the structure is silhouetted against the sky when viewed from McLain Flats Road. 5. The proposed development shall be designed to complement the natural topography of the land through the use of techniques such as earth - sheltered design, the use of natural materials and coloring, the use of low- reflectance materials, or clustering of structures on the least visible portions of the site. When a building is proposed near a ridgeline, then its form (particularly its roofform) shall replicate, parallel, or complement the natural form of the ridgeline so that it appears to be an element of the natural ridgeline. Response: The proposed residence is designed to minimize the visual impact through the use of earth- sheltered design along with natural, earth- toned, non - reflective materials. 6. The proposed development shall preserve natural vegetation and avoid development within irrigated meadows, to the maximum extent practicable. Response: The natural vegetation will be preserved to the maximum extent practicable and the Applicant will be required to revegetate the parcel and provide additional landscape to soften the visual impact from McLain Flats Road. There are no irrigated meadows on the property. The proposed development shall install utilities in locations and through procedures that minimise visual impacts to the maximum extent practicable. Response: All new utilities shall be placed underground. 8. All satellite dishes in the proposed development shall be located to minimize visibility from those rights -of -way listed in subsection (b), and shall use earth tone colors and %r screening to minimize their visual impact. Response: All future satellite dishes shall conform to these standards. 9. The proposed development shall not use earth moving and berms as the primary means of compliance with these regulations, but earth moving may be utilized in conjunction with other techniques to comply with standards in this section. Rhere earth moving techniques are necessary, man -made forms should be undulating and natural in appearance. Response: In conjunction with the earth- sheltered design, the proposed development is also employing other techniques, such as reduced height and bulk, to comply with the standards in this section. No free standing berms are proposed with the development. 10. In the Rural Areas only, development shall be located so that activities and development occur in at least one of the specified in subsection (e) as they may apply to the particular property. Response: The parcel is located in the rural area of Pitkin County and is a little over 7 acres in size. These guidelines are not directly applicable to the site; the parcel does not contain an open meadow or pasture, contains few stands of vegetation, has limited change in natural topography and seeks to avoid the areas of steep slope that would be encroached upon if used. Section 7- 20- 120(e) (5) states that "If a portion, but not all, of the proposed Page 5 of 8 600005 activity or development can be located in conformance with the guidelines in subsections (1) through (4), then the portion that cannot, shall be located in accordance with the following: i Along Edge of Open Meadow or Pasture: Although the parcel does not contain open meadow or pasture area, it is located at the edge of meadow /pasture. The development is located at the greatest practicable distance from the road; it is located where the meadow /pasture meets the toe of a hillside and has been located to preserve open space in the largest continuous tracts possible. Screening of Development: The development shall be screened with native vegetation planted to mimic either the existing species composition or pattern of growth or traditional farm and ranchstead planting patterns (e.g. clustered or linear tree plantings). The proposed development uses earth sheltered design to minimize the visual impact. Most of the native vegetation is Mesic Mountain shrub and will not screen the development. The Applicant shall be conditioned to submit a landscaping plan that employs native vegetation to screen the view of the earth- sheltered design and help to tie in the house with the indigenous landscape on the hillside. v Built behind or into a change of natural topographv: When located behind a natural topographic break or built into the natural topography, scale and height of the development shall be subordinate to the natural changes in topography and earth moving shall be used to the minimum amount possible. The design of the development keeps the overall mass low and does not employ the use of man -made land forms to `hide' the development. ➢ Ranch compound within irrigated pasture or meadow: The proposed residence is located behind existing development which is laid out in a 'ranch compound' design. Although the proposed development is located on a separate lot, is has been clustered to maintain the maximum amount of meadow /pasture. Additionally, the re- vegetation plan shall be required to utilize native plant materials similar to those already found on site. 11. The exterior of all development shall be built or painted with indigenous earth tone materials or colors. Response: The Applicant shall comply. Indigenous earth -toned colors and non - reflective materials will be used. 12. All roofs shall have a non - reflective color or composition. Reflective roof materials shall not be used unless the materials are treatedprior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. Response: The Applicant shall comply. Only non - reflective, earth toned materials will be used. 13. Lands disturbed by earthmoving or berms should be re- vegetated using native species that are already growing on or near the site. Topsoil shall be stockpiled and places on disturbed areas. Irrigation shall be provided to the re- vegetated areas if it is necessary to ensure the survival ofplanted native species. Response: The Applicant shall comply; a re- vegetation plan using native species to the area shall be submitted as part of the landscape plan prior to building permit submittal. The storage of topsoil shall be addressed in the construction management plan and shall be located within the approved activity envelope. Proof of water shall be provided at time of building permit. If a well is used, and is classified for in -house use only, the Applicant shall amend the well permit or select species which do not require additional irrigation. Page 6 of 8 l0(Ci0G6 14. To the maximum extent practicable. Roads and driveways shall be located to skirt the edge of and avoid dividing meadows and pastures to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening a row of trees may be planted along the roads or driveways. To the maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid straight line corridors that are incongruous with the natural setting. Response: The existing access off McLain Flats Road shall be used, as will a portion of the existing drive. RURAL CHARACTER BUILDING GUIDELINES: Land Use Code Section 7- 20- 120(e) provides rural character guidelines for building location: Response: Previous approvals were not subject to the guidelines: however the new design for the residence has utilized these guidelines (see above) by reducing the overall scale, clustering the structure near those on the adjacent parcel and utilizing natural topography. LANDSCAPING AND VEGETATION PROTECTION: Land Use Code Sec. 7 -20 -130 is intended to preserve existing vegetation on a development site to the maximum extent possible. Response: The existing vegetation on site is primarily shrubs. No berms have been proposed and all proposed landscaping has been sited to avoid interference with visibility and utilities. The Applicant will be required to submit, for review and approval, a landscape plan that meets all criteria for landscaping/vegetation protection and to add screening for the visual impacts from McLain Flats Road. The Applicant agrees to comply with all maintenance criteria. The Applicant shall also be required to revegetate that portion of the existing drive that will be eliminated as proposed. This vegetation shall be conditioned to utilize the native species already found on site in order to 'blend' with the existing vegetation. LIGHTING: The Applicant has committed to compliance with all Pitkin County lighting standards. ACCESS: Access to the residence is taken off McLain Flats Road, and crosses Lot 18, utilizing a 15' utility easement and a 30' roadway easement. The Applicant will need to submit an access application prior to additional construction or realignment of the driveway. SEWER AND WATER: The parcel will most likely be serviced by the White Horse Springs Water and Sanitation District. The Applicant did not submit documentation for the Metro District indicating its ability to provide domestic water for the lot. Additionally, there is a well on the parcel, which may or may not serve Lot 17. The Applicant will be conditioned to submit documentation at building permit submittal. The Applicant is utilizing the same OWTS as designed and reviewed in the 2008 envelope amendment (Administrative Determination No. 115 - 2008). The same conditions of approval recommended by Environmental Health shall apply. RECOMNIENDATION: Staff recommends approval for the Presutti Activity Envelope and Site Plan with Scenic Review, subject to the conditions of the attached Administrative Determination. Page 7 of 8 �� X07 ATTACHMENTS: A. Determination B. Planning Engineer Comments C. Division of Wildlife Comments D. Environmental Health Comments Page 8 of 8 �Jaj )a PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 MEMORANDUM To: Cari Anne Holcomb FROM: Catherine Berg, Planning Engineer Re: Presutti Activity Envelope and Site Plan DATE: February 9, 2011 After reviewing the application I propose the following conditions: r A detailed drainage and erosion control plan shall be submitted with each development permit. If the total development disturbs one (1) acre or more a State Stormwater Permit shall be applied for and obtained. All historic and natural drainage patterns shall be maintained. Stormwater shall be detained onsite and allow infiltration of runoff prior to discharge. \ "W A detailed revegetation plan will be required. Plan shall be reviewed and approved by Pitkin County Community Development. Financial security may be required. A tree mitigation plan shall be submitted for the removal of any trees larger than six (6) inch DBH. The applicant shall submit a detailed Construction Management Plan with each development permit that addresses all phases of construction. The applicant shall provide adequate engineering of any retaining walls over four (4) feet in height and /or any improvements to walls over four (4) feet in height. All retaining walls shall be a maximum of seven (7) feet tall. �• "v The Salvation Ditch shall be culverted and /or lined in a manner acceptable to the Ditch Company. The applicant shall provide documentation of the ditch company's approval and a detailed ditch improvement access plan. i The applicant shall demonstrate that the proposed development does not increase historic drainage patterns. r The exposed boulders located above the building envelope should be removed or secured prior to issuance of Certificate of Occupancy. �y The applicant shall demonstrate that the proposed driveway does not encroach on steep slopes for more than one - hundred (100) linear feet. �y The applicant shall obtain an approved Access Permit for any major improvements to existing access road and /or new driveways. The application shall include: • Compliance with the current Asset Management Plan, 0- - L ElffiTi • Engineering of all bridges and /or culvert crossings, V • Compliance with all requirements of the Aspen Fire Department, and 11 . Details on all turn arounds and parking locations. Comments: The applicant shall address the previous requirement that a mitigation report be produced that addresses the "mitigation for potential water displacement on the parcel to the east ". ut 1011 STATE OF COLORADO John W. Hickenlooper, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife. state.co.us February 20, 2011 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 RE: Presutti Activity Envelope /Site Plan Dear Cari Anne: C 0 H ��rON OF �tio For IFildlife- For People pitkin County FEB 2 4 2011 commv+'itv Development The Presutti parcel in White Horse Springs lies within elk winter range. Most elk use is on the steeper mountain shrub hillside above the proposed homesite and Salvation Ditch. The site also lies within a black bear fall concentration area and human - conflict area. Bears will forage in the oakbrush/servicebeny which lies throughout the lot and along the Salvation Ditch. Mountain lions inhabit the area and will prey upon any loose or uncontrolled pets. Locating the proposed homesite /activity envelope below the Salvation Ditch will help minimize impacts to wildlife. This location clusters the home and activity /disturbance with adjacent homes. Locating the envelope in this location also leaves a natural band of mountain shrub which is highly utilized by wildlife. The activity envelope is located in the same general area as prior approvals. Loose or uncontrolled dogs can have significant negative impacts to wintering big game including direct and indirect mortality, increased stress and disturbance, and displacement from preferred ranges. It is important that all dogs be controlled when building and living within big game winter range. The following recommendations will help to minimize impacts to wildlife and minimize human- wildlife conflicts: 1. Implement all applicable measures of 7 -20 -70 LUC, especially as it relates to black bears 2. Maintain native vegetation above the Salvation Ditch and outside of the designated activity envelope 3. The application referred to a landscape plan but did not include it. This plan should be reviewed to ensure that any vegetation planted does not attract black bears to the home or allow them to gain access to any upper level decks /windows. Homeowner must also realize that any landscaping planted may be browsed and damaged by elk/mule deer. The Division is not liable for this damage �v 4. Contractors not be allowed to bring dogs on site as the Division has had problems with construction worker dogs chasing wildlife. \ 5. Implement the new regulation regarding round handled door knobs for all outside doors in order to minimize a bear's ability to gain entry \6. Contractors must keep all edible and food related trash in an approved bear proof container as per the LUC. There has been significant noncompliance (up to 70 %) with this requirement which leads to increased food habituation by bears and increased human -bear conflicts. This needs to be aggressively enforced Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright. (� DEPARTMENT OF NATURAL RESOURCES, Mike King, Executive Director I C71 WILDLIFE COMMISSION, Tim Glenn, Chair • Robert Streeter, Vice Chair . Mark Smith, Secretary Members, David R. Brougham . Dennis Buechler. Dorothea Farris . Allan Jones . John Singletary . Dean Wingfield LI U 0 0 11 Ex Officio Members, Mike King and John Salazar Sincerely, Pe ill Area Wildlife Manager Cc: R. Velarde, K. Wright, file z 3 " 012 MEMORANDUM To: Cari Anne Holcomb, Planning Department From: Carla Ostberg, Environmental Health & Natural Resources Department Date: October 22, 2008 Re: Presutti Minor Amendment to a Development Permit (PID 2643 -271- 00 -004; Case P095 -08) SUMMARY OF RELEVANT PARTS OF APPLICATION The applicant is requesting expansion of the existing utility envelope to accommodate the onsite wastewater treatment system (OWTS). DISCUSSION The Pitkin County Environmental Health & Natural Resources Department has reviewed the details of the Presutti Minor Amendment to a Development application under the authority of the Pitkin County Land Use Code and the Pitkin County Onsite Wastewater Treatment System (OWTS) Regulation effective March 8, 2008, and has the following comments. No site visit was conducted; however, the proposed OWTS design has been reviewed for compliance with Pitkin County's OWTS Regulation and the necessity to expand the utility envelope to accommodate this design. - -- WATER SUPPLY This property is served by a private well. No well permit was provided in the application; however, in connection with any OWTS Construction Permit for the property, this Department will require a copy of the well permit issued by the Colorado Division of Water Resources, the well driller's report, and a recent pumping report. - -- SEWAGE TREATMENT AND COLLECTION: An OWTS design from All Service Septic, dated September 30, 2008, was submitted along with the application. This design appears to be adequate to serve the proposed home (5 bedrooms with less than 6000 square feet of living area). The well on the property leaves only a limited area for the proposed OWTS outside of the required setback. While this design is compliant with the current Pitkin County OWTS Regulation, the required absorption area may be further reduced with the addition of various technologies, such as dosing and /or secondary treatment. It appears there is a hydrant in close proximity to the proposed absorption field. Most hydrants in Pitkin County have a weep hole to avoid freezing during the winter months. The proximity of m Lc =Pny drapes J6J313 the hydrant will be reviewed as part of the OWTS Construction Permit Application and may need to be relocated to protect the water from potential contamination. The County cannot issue a Building Permit until an OWTS Construction Permit has been obtained. 0 0 0 1 4 Pnnled on Reryded Paper I �I 00 8� a 13 I — -f co-i*«Jim-e- Pitkin, FEB 2 % P011 Community Deve;cFment qL A 0 Yv 8� i is a� In - z of a W U Z 0 N 0 5 O LO O ' F 3 � i o W Z � `o t4 U c U a' ti c-1 LSD IUtb tLtYAIIL)N I- �I- LfClll 00001 y �J�e3 v34�4 s wswik - - AMLuwnr. SOUTH ELEVATION 1-31-4011 Pitkin County FEB 2 4 2011 Communit Deva, pm enf g o C7 Yn — 2 O Q w w W � U O N Z N m J m 0 a 0 g" o w � Z, 5� U c W In N LX Q b X 81 �s v Cs 0 0 1 7 40['MOf 1{� Y s � 0 & � C`3 0 Z O LLI J O O aD Z N 0 M t m aci (uj Z cl O ti ti � I o W Z_ o g0 U � I Pitkin County LO Fr 2 4 20n Gomrrur,,y � Lfj Q b r 1 \7�.c ►�� w O N \ U J ci y M �m aei Z 1300018 NORTH ELEVATION 1 -31 -2011 P1tk411ti s "I FEB 2 4 I. -Dil CommunityL;e, :d 0 a 0 ti 5" W Z o 5� U c Lo -C--1 L� Q V a S PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY LOCATION: 1759 McLain Flats Road, BLK 2, Lot 17 White Horse Springs PID#: 2643- 271 -00 -004 ® ZONING: RS -20 SIZE: 7.18 acres OWNER: PRESUTTI TIMOTHY M REPRESENTATIVE: Gretchen Greenwood PHONE and EMAIL: 925 -4502; ggreenwood(iUgaaspen.com DATE: January 5, 2011 PLANNER: Mike Kraemer, 920.5482 Type of Application: Activity Envelope and Site Plan Review S Description of Project/Development: The Applicant is looking to attain site plan and activity envelope review approval for construction of a single family residence. The lot received a previous approval that established envelopes for the site, however, vesting for this approval has expired . The Applicant has also indicated a need to alter the envelope from the previous approval. Land Use Code Sections to be addressed in letter of request (application): Sec. 2- 30- 20(g): Activity Envelope Criteria for Approval; �✓ Sec Activity Envelope; �^ Sec. 7- 20-10: Site Preparation and Grading Sec. 7- 20-20: Steep and Potentially Unstable Slopes; Sec. 7- 20 -30: Water Courses and Drainage — specifically subsection (f) r r Sec. 7- 20-50: Geologic Hazards- Sec. 7- 20-60: Wildlife hazards (area mapped within a severe wildfire hazard area) Sec. 7- 20-70: Wildlife Habitat (mapped adjacent to elk and mule deer winter range); �+ Sec. 7- 20- 120(d): Standards for Scenic View Protection Areas; Sec. 7- 20- 120(e): Rural Character Guidelines for Building Location; Sec. 7 -20 -130: Landscaping and vegetation Protection; Staff will refer the application to the following agencies: CDOW, Planning Engineer, Aspen Fire Protection District, and the White Horse Springs Metro District. �■ Review by: Community Development Director Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by 1 Class mail) to all property owners and mineral estate owners within 300' of the subject ® property with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community. FEES: $4,447 (make check payable to "Pitkin County Treasurer") ■ Planning Office flat fee: $3,744 (non - refundable; based on 12 hours of staff time. If staff review time exceeds 14.4 hours, the Applicant will be charged for additional time above 12 hours at a rate of $312/hour) o Web Technology Fee: $25 4) o Public Notice Fee: $54 ® o Planning Engineering Fee: $624 To apply, submit 1 copy (unbound) of the following information, unless noted otherwise: • 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. tri 000001 of bL G s 2. 24" by 36" and 11" by 17" Activity Envelope and Site Plan and standards report as designated in Section 2.1.1 and ® 2.1.12 of the Pitkin County Land Use Application Manual; 3. Previous Land Use Approvals (if applicable); 0 4. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 5. Proof of ownership of subject property; 6. Parcel description, including legal description and vicinity map; 7. Total fee for review of the application; 8. Signed fee agreement (1 copy); r r 9. Consent from owner(s) to process application and authorizing the representative (1 copy) 10. List of all property owners and mineral estate owners within 300' of the subject property (1 copy) 11. Copies of this pre-app form V NOTES ➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPYOF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO -SIDED COPIES r�rr OF ALL REMAINPIG COPIES OF YOUR APPLICATION (YPOSSIBLE). THE PARCEL IDs SHOULD BE BVCLUDED ON ALL DOCUMENTS ® INCLUDED IN YOUR 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 %W 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. ➢ The Pitkin County Land Use Code and Application Manual is available on -line at %W hitp:lA vww. aspenpitkin .com/depts/7/planninr.cfm rr r 'rr err s ® 000002 c 0 ® G RETCHEN GREENWOOD & ASSOCIATES, INC. ARCHITECTURE •INTERIOR DESIGN • PLANNING January 20, 201 1 Mike Kraemer Pitkin County 130 South Galena Street Aspen, Colorado 81 G I I Dear Mr. Kraemer, Gretchen Greenwood of Gretchen Greenwood and Associates. Architects is authorized to act on behalf of the owner, Tim Presutti. My address is as follows: Tim Presutti 345 South Galena Street Aspen, Colorado 8 I G I I 917 -7G7 -0200 The office of the Architect is as follows: Gretchen Greenwood and Associates. Inc. 520 Walnut 5treet Aspen Colorado 81 G 1 1 970 - 925 -4502. Sincerely, a � resutti 520 WALNUT STREET • ASPEN, COLORADO 81611 • TEL: 970/925 -4502 • FAX: 9701925-7490 -ggreenwood@ggaaspon.com 000003 c c a PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE A FEES ® PITKIN COUNTY (hereinafter "COUNTY ") and 7//J'1 07NY / 0 /' -ra 71 - 1 (hereinafter "APPLICANT") AGREE AS FOLLOWS: 1. APPLIC T has submitted to COUNTY an application for Aa h 1✓/ � f-1 `eIOl7 u ® CS/k R4-0 /4ilieW 46 � l (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall ® accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete ® processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project ® approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to col ec !1 ® fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ OV which is based on _ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay ® such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director 7 PC9 s U 77 (- APPLICANT'') By: Print Name and Title (if applicable) Date Jan. a 0 , ao Mailing Add s: S —� =ter co yip ,�� 000004 O Easy Peel® labels i A Bend along line to AVERY(l) 5160® ; O ise Avery Template 51600 j Feed Paper expose Pop-Up Edge*"` j DURHAM FAM TRST 25% ISRAEL CHARLES B & SANDRA M MOORE FAMILY RANCH 0 2800 PASEO DEL MAR PO BOX 505 PROPERTIES LLC ®PALOS VERDES ESTATES, CA 90274 WOODY CREEK, CO 81656 BOX 126 WOODY CREEK, CO 81656 ier ® PRUTER DONALD E & VICKIE ®ANNE RACINE CHARLES W TRUST RWD ASPEN RES TRUST H 25% CIO TIM HERBED 2800 PASEO DEL MAR ®PO BOX 50 117 SOUTH SPRINGS ST PALOS VERDES ESTATES, CA 90274 IA 52768 ASPEN, CO 81611 r „,PRINCETON, C SCHEFLER ARNO D TLD RESIDENCE TRUST 50% �PO BOX 1005 2800 PASEO DEL MAR ASPEN, CO 81612 PALOS VERDES ESTATES, CA 90274 r s w 4r ,r. her afr fl 000005 ©Etiquettes faciles h peter ; A Replies A la hachure afin de 1, www.averycom ; A nti::.e.:n ..�ti�. :e AvooV® wane Sens de r6vEler le rehord Poo-Uo *M ! 1- 800-GO -AVERY ; O O O Q r rV Y %W r✓ �r C ir �r 0 • 0 • 0 0 0 0 • • 0 0 LAND USE APPLICATION January 20, 2011 Re: Courtney and Timothy Presutti Land Use Application for: Activity Envelope & Site Plan Review, Scenic Review Address: 1759 McClain Flats Road Aspen, Colorado 81611 PID # 2643 - 27140 -004 Legal Description: White Horse Springs Ranch Lot 17 The Land Use Application seeks Activity Envelope, Site Plan and Scenic Review to develop a single family house. The Land Use Application is as follows: • Site Description/Location/Zoning • Project Description Land Use Approvals Summary �'3Y Y 5. LOCATION/ZONING EXHIBIT 1: VICINITY MAP Legal Description: White Horse Springs Ranch Lot 17 Owner and Applicant: Timothy Presutti: Warranty Deed Attached: EXHIBIT 2 Address: 1759 McClain Flats Road, Aspen, Colorado 81611 Zone District: RS -20 PUD Outside the Urban Growth Boundary Prior Approvals: 1. Determination No. 04 -2005: EXHIBIT 3. Approval of 1041 Hazard Review and Conceptual Submission. 2. Administrative Decision No. 94 -2005: EXHIBIT 4. Approval for Minor Amendment to Expand the Access Envelope. 3. Administrative Decision No. 115 -2008: EXHIBIT 5. Approval of a Landscape Envelope amendment to a Development Permit. 4. Salvation Ditch Agreement: EXHIBIT 6. Agreement entered into in 2008 to line Salvation Ditch as required by original 1041 Review in 2005. 5. Access Driveway Development Permit: EXHDBIT 7. The driveway was been installed in 2006. This application and subsequent building permit application proposes to lower the existing upper driveway as shown on the Site Plan (EXHIBIT 8,9 & 10). Lot Size: 7.907 Acres Allowable FAR: Allowable Deck area Current Approvals: *Minimum Setbacks: Sides Setback: 30 Ft. Rear Setback: 30 Ft. 0000as zaw /'re 5,750 Sq. Ft. Above Grade: 15% of FAR or 862 Sq.Ft. None due to Expired Vested Rights From Arterial Highways: 100 Ft. (for buildings) From: Major Roads: 100 Ft. (for buildings) From Collector Streets: 50 Ft. for buildings) From Property Lines: Front Setback: 50 Ft. r. v r r e. r A fto %W v✓ V.r •r v 14 C • c ► 000007 PROJECT DESCRIPTION The Applicant is seeking approval to build a new of a 5,750 SQ.FT. single family residence. The project also consists of site improvements, utility installations, lining the Salvation ditch (see attached documents: re: Salvation Ditch). The existing installed driveway will be improved and lowered on the property as shown on the attached Site Plan. The new house is accessed from McClain Flats Road, off Smith Way Road and Cemetery Lane. PRIOR LAND USE and PERMIT APPROVALS 1. Determination No. 04 -2005: EXHIBIT 3. Approval of 1041 Hazard Review and Conceptual Submission. 2. Administrative Decision No. 94 -2005: EXHIBIT 4. Approval for Minor Amendment to Expand the Access Envelope. 3. Administrative Decision No. 115 -2008: EXHIBIT 5. Approval of a Landscape Envelope Amendment to a Development Permit. 4. Salvation Ditch Agreement: EXHIBIT 6. Agreement entered into in 2008 to line Salvation Ditch as required by original 1041 Review in 2005. Access to Salvation ditch for the proposed work to line the ditch will be accessed off site. 5. Access Driveway Development Permit: EXHIBIT 7. The driveway was been installed in 2006. This application and subsequent building permit application proposes to lower the existing upper driveway as shown on the proposed Activity and Site Plan. EXHIBIT 8, 9 and 10. 6. A building permit for a similar 5,750 square foot house was issued for this property t in March 2009. All development conditions were met from the above mentioned development approvals. The permit was never picked up by the owner and the permit subsequently expired, resulting in this new application for an Activity and Site Plan Review. A copy of the expired building permit plans are on record in the Architect's office of Gretchen Greenwood. *M0 yr w .r r w yr W r Ci a CURRENT LAND USE APPROVALS PER THIS APPLICATION • Activity Envelope and Site Plan Criteria for Approval (Section 2 -30 -20 g) • Activity Envelope and Site Plan (Section 7 -10 -50 & 60) • Scenic Review (Section 7 -20 -120 d) • Site Preparation and Grading (Section 7- 20 -10) • Steep and Potentially Unstable Slopes (Section 7- 20 -20) • Water Courses and Drainage (Section 7 -20 -30 f) • Geologic Hazards (Section 7- 20 -50) • Wildfire Hazard - Medium Wildfire Hazard Area (Section 7- 20 -60) • Wildlife Habitat -Area within mapped Mule Deer Summer and Mule Deer and Elk Overall Range (Section 7- 20 -70) • Landscaping and Vegetation Protection (Section 7 -20 -130) • Vested Property Rights (Section 2 -20 -170) Section 2- 30- 20(g): Activity Envelope and Site Plan Criteria for Approval (1) GENERAL Except as stated in subsections (2) through (18) below, an application for administrative review shall be approved if it complies with (a) all applicable provisions of this Land Use Code, (b) all applicable Land Use Policies listed in Sec. 1.60, and (c) all prior development approvals applicable to the subject property. Where the decision of staff will result in the approval of a land use that is not permitted by right in the zone district where the property is located, compliance with the requirements of this Land Use Code shall include, but shall not be limited to, compliance with those standards for special review uses in Secs. 2- 30- 30(h)(2) and 240 -20, as applicable. (2) SITE PLAN A Site Plan shall be approved if it complies with (a) all applicable provisions of this Land Use Code, (b) any Activity Envelope previously approved for the property pursuant to Sec. 7 -10- 50, and (c) all prior development approvals applicable to the subject property. Where the property contains Constrained Areas, the Community Development Department staff shall follow those Priorities for Locating New Activity or Development listed in Sec. 7- 10-60. If an Activity Envelope has not been previously established for the property pursuant to Sec. 7 -10- 50, one shall be established as part of the Site Plan Review process. Use of TDRs for additional floor area to increase house size above the base maximum outlined in Table 5 -1 shall be reviewed through the Site Plan process. (3) ACTIVITY ENVELOPE An application for designation of an Activity Envelope shall be approved if it complies with the standards and criteria established in Sec. 7- 10-50. If the applicant chooses to apply for definition of an Activity Envelope separately from approval of a Site Plan, the Activity Envelope shall be designed to accommodate the largest home anticipated and related septic field on the site pursuant to Table 5 -1. Use of TDRs for additional floor area to increase house size above the base maximum outlined in Table 5-1 shall be reviewed through the Site Plan process. The definition of an Activity Envelope based on a maximum house size and septic field shall not create any presumption that a Site Plan for a house at the same size can or will be approved pursuant to this Land Use Code. The applicant may specify that 000008 • • • • • • ISO yr r. rr 'rr Co • • • • • • • • • • • • • • • • • • the Activity Envelope is being created for a house smaller than the maximum allowed under Table 5 -1, and in that event the Activity Envelope will be designed to accommodate a house and septic field of that size. Where the property contains Constrained Areas, the Community Development Department staff shall follow those Priorities for Locating New Activity or Development listed in Sec. 7- 10-60. Actual siting of the septic field shall require final approval pursuant to the Environmental Health and Natural Resources On -Site Wastewater Treatment System regulations. APPLICANT COMMENT: The proposed Activity Envelope is proposed as EXHIBIT 8. The Activity Envelope has been designed to match the previously approved Activity Envelope with a few variations. The proposed development and driveway have been lowered on the site from the previous approved building permit plans. In order to accommodate a 5 bedroom development, an area on the northwest of the property below the development of the house has been included in the Activity Envelope to accommodate the septic field. The septic design for this proposed development has been designed and is available for review if required. The land area behind the proposed house has been reduced in this proposed Activity Envelope (from pervious approvals) to only include the areas need for excavation of the house and driveway. Construction access to the Salvation Ditch for completing the agreed upon ditch colverting work will be via the existing ditch maintenance road. Michael Tiernan, the Salvation Ditch Manager (970 9871245), has numerous points of access available outside of Lot 17 for the lining of the ditch. Section 7 -10-50 & 60: Site Plan and Activity Envelope (a) The intent of this Chapter 7 is to allow activities and development to take place where they comply with the provisions of this Land Use Code and with the Pitkin County Comprehensive Plan for the area. Compliance will generally involve avoidance of "Constrained Areas" through the identification of an "Activity Envelope," as well as approval of a Site Plan. For purposes of Chapter 7, "Constrained Areas" include all areas included in each of the following categories, as defined and regulated by this Land Use Code: (i) Areas of Statewide Interest listed in C.R.S. 24- 65.1 -101 et. seq.), (ii) steep and potentially unstable slopes, (iii) water courses, drainage channels, and areas subject to erosion, (iv) fioodplain hazard areas, (v) geological hazard areas, (vi) severe or low to moderate wildfire hazard areas, (vii) wildlife habitat areas, (viii) river and stream corridors and wetlands (ix) irrigated lands for food or crop production, (x) historic preservation areas, and (xi) archeological resource areas. (b) The Site Plan process incorporates an "Activity Envelope" approach in which the County staff works with the applicant to determine which portions of the site (if any) would permit the proposed activity or development to be conducted in compliance with this Land Use Code and in conformity with the Comprehensive Plan for the area. In general, this process will involve both a determination of (i) which portions of the site are not available for development because of the existence of Constrained Areas, and (ii) of the remaining portions of the site, which areas would accommodate the activity or development so as to minimize impacts on surrounding properties, maximize compliance with the requirements of the development standards in this Chapter 7, and maximize compliance with the Comprehensive Plan goals and objectives. (c) In general, the defined Activity Envelope for development of primary uses shall be large enough to accommodate the proposed principal use of the property and traditional permitted accessory structures, infrastructure (roads and septic systems), and uses, but should not be significantly larger than the area needed for such structures. In the case of a site with few Constrained Areas, the defined Activity Envelope may include more than one potential building 0'-0009 r� �i �r 7sr �r r rr C ir �r r' S site for a new single family home. The defined Activity Envelope may include non - contiguous areas (including separate areas for septic fields, landscaping, driveways to public roads, mitigation measures required in connection with any provision of this Chapter 7, and/or areas to be disturbed only during construction on the property — including staging areas and materials storage areas). Construction of trails will not require an Activity Envelope analysis except as required by Sec. 7- 20 -50. (d) Clearing, grading, grubbing, earthmoving that exceeds fifty (50) cubic yards, or changes in the natural drainage of the site shall occur only after an Activity Envelope has been defined and all applicable local, state and federal permits have been obtained. In addition, Site Plan Approval is required if these activities will occur on a property within a Scenic View Protection Area. (e) Activity Envelope and Site Plan Review for a Stream Restoration Project shall adhere to all development standards in 7 -20-40 and 7 -20-80 and shall be reviewed by the BOCC as set forth in Table 2 -1. (f) Once an Activity Envelope has been defined, the natural grade, topography, vegetation and drainage of areas outside the defined areas shall not be disturbed except as specifically permitted in this Land Use Code. Prior to any development activity on the parcel, the boundaries of the Activity Envelope shall be identified with construction fencing, and such fencing shall remain in place until development has been completed. (g) While it is preferable to obtain approval of an Activity Envelope as part of the Site Plan approval process, applicants who are not prepared to submit a Site Plan for a specific structure may request approval of an Activity Envelope separately. Prior to the issuance of a Development Permit, the applicant shall be required to apply for and obtain approval of a Site Plan confirming that the proposed development is consistent with the defined Activity Envelope and with other standards in this Land Use Code not considered at the time the Activity Envelope was defined. (h) The standards in this Chapter 7 shall be used (i) to identify the Activity Envelope on a property, (it) to review and approve the Site Plan for proposed development, and (iii) to regulate development within the Activity Envelope pursuant to the Site Plan. Development Standards in this Chapter 7 which are to be reviewed as part of Activity Envelope and Site Plan review are set forth in Table 7 -1 below. APPLICANT COMMENT: The proposed Activity Envelope and Site Plan are attached as E7iHEBITS 8, 9 AND 10. The Applicant has followed and adhered to the process outlined in this section of the Land Use Code to prepare the proposed Activity Envelope. The Site planning considerations on the site are to avoid constrained areas and develop the site plan consistent with the Pftldn County Land Use Code. 0+000.1.0 O O O C O C C> `r O r rr C i �.r C C ir 0 0 • • O Section 7- 20 -10: SITE PREPARATION AND GRADING (a) Grading and Fill Placement Grading and filling on a site shall take place only within a defined Activity Envelope. All grading and fill placement that exceeds fifty (50) cubic yards shall be indicated on the Site Plan. APPLICANT COMMENT: The applicant will comply with this Code standard. (b) Clearing, Grubbing, and Vegetation Removal Clearing or grubbing of land, or removal of vegetation shall take place only within an approved Activity Envelope, except removal of noxious weeds and 10 or fewer dead or diseased trees of a caliper of 6" d.b.h. or greater within a 12 month time period that create a hazard may occur outside of an Activity Envelope. Disposal of dead or diseased trees shall be in accordance with the Land Management Department's policy. Trees removed that contain active mountain pine beetles shall not be stored for firewood. Each Site Plan shall document compliance with the requirements of this Sec. 7- 20 -10(b) and Sec. 7 -20 -130. APPLICANT COMMENT: Clearing, grubbing and Vegetation removal shall be limited to the Activity Envelope as depicted in E1HIOBTT 8, 9 and 10. (c) Tree Removal and Mitigation Each tree with six (6) inches or larger diameter at breast height (D.B.H.) that is removed within the Activity Envelope shall be replaced with one (1) or more trees with total D.B.H. at least equal to the caliper(s) of the tree(s) removed, to the maximum extent practicable. Any tree that (i) is diseased, or (ii) is required to be removed pursuant to the provisions of Sec. 7- 20-60, as those requirements may be varied by a wildfire expert approved by the County, may be removed and no replacement shall be required. All re- vegetation shall also comply with the Pitkin County Re- vegetation Guidelines. Required replacement trees that do not survive for at least one (1) year after installation shall be replaced at the owner's expense, and the County may require financial security for such replacement pursuant to Sec. 7- 20- 130(b)(7). /rT11RLe7_T:j�deL'�l' I��i1fF Tree removal will be limited to the Activity envelope. There are no large trees located within the proposed building footprint and proposed Activity Envelope. (d) Protection of Natural Terrain The County Planning Engineer or Community Development Director shall suggest and may require design and construction techniques that lessen or mitigate any physical and visual damage caused by the proposed activity or development to Constrained Areas or to the natural terrain, stream vegetation, and other natural features of the landscape within the Activity Envelope. Techniques shall include, but are not limited to: 000011 co yr it Yr s t (1) RE- VEGETATION Re- vegetation and reforestation utilizing native or similar horticultural material, to be completed during the first planting season after construction; where vegetation is removed, it shall be replaced with vegetation that will reach similar density and height to that removed within two (2) years following conclusion of construction. (2) TOPSOIL Removing and saving topsoil prior to any grading or excavating and replacement for re- vegetation. (3) WEED PREVENTION Weed prevention, thistle management, and prohibition of non - native plants, which may include reducing animal damage to vegetation cover, as determined by the United States Soil Conservation Service Soil Survey. (4) UTILITY INSTALLATION Locating and installing utilities in a manner minimizing damage to the natural environment and scenic quality. (5) EROSION, SEDIMENTATION, AND STORM WATER MANAGEMENT (a) Land uses shall; —. Not cause erosion problems and, if practicable, retain all soil on site; —. Minimize disturbance of natural vegetation and soil cover; —. Ensure that all cuts and fills are adequately designed and vegetated to control erosion as well as stability of the slope area; —. Ensure that natural drainage patterns are preserved and protected from increased water flows that subject existing channels and adjacent areas to increased erosion; and —. Preserve natural vegetation and soil cover within those buffer distances adjacent to rivers, streams, lakes, reservoirs and wetlands/riparian areas established in Sec. 7- 20-80. (b) Mitigation measures identified in an approved erosion, sedimentation, or storm water management plan shall remain in place until re- vegetation is viable. (Cods Redsed (s0 seceons) by Ord. 014 -D -2006, 07-050; $ 7 -20.10 (part' amended by Ord. 019-09, OS 24.09) APPLICANT COMMENT: The applicant will comply with these standards. Site disturbance shall be limited to the Activity Envelope. An existing driveway will be utilized to access the building footprint. The existing proposed driveway will be lowered on the site (past the switch back) and as denoted on the attached Site plan, EXIMI[T S, 9 AND 10. 000012 7- 20 -20: STEEP AND POTENTIALLY UNSTABLE SLOPES The following provisions shall apply whenever steep slopes or potentially unstable slopes occur within the Activity Envelope, but do not apply when the Activity Envelope have been defined to avoid such areas. (a) Slope Delineation Slopes shall be delineated within the Activity Envelope with two (2) foot contour intervals. Slopes between each two (2) foot contour in each of the following categories shall be designated by a distinct graphic pattern. (1) Slopes that are fifteen (15) percent or greater, but less than thirty (30) percent; (2) Slopes that are thirty (30) percent or greater, but less than forty -five (45) percent; (3) Slopes that are forty -five (45) percent or greater. (b) Forty -five (45) Percent or Greater Gradient Development is prohibited on slopes with a slope gradient equal to or exceeding forty -five (45) percent, except: (1) Where: (a) The lot is in a legally platted subdivision, recorded prior to 1972, and (b) There is no alternative building site that avoids areas of slope exceeding forty -five (45) percent, and (c) An engineer or geologist licensed in the State of Colorado demonstrates that the site can be engineered so that there is no (d) The proposed development complies with all standards in subsection (c)(1) below applicable to slopes of thirty (30) percent or greater; and (2) As provided in subsections (c)(3) or (c)(4) below. (c) Thirty (30) Percent or Greater Gradient Development is prohibited on slopes with a slope gradient of thirty (30) percent or more, except as follows: (1) NO ALTERNATIVE BUILDING SITE If there is no alternative building site available on the parcel with slopes of less than thirty (30) percent, development (but not roads or driveways) may be approved by the Community Development Department through the Site Plan process subject to the following development standards: (a) An engineer or geologist licensed in the State of Colorado shall be required to demonstrate that the site can be engineered so that there is no hazard posed by the location of development on such slopes. (b) To the extent possible, the development shall be designed so as to: avoid adding water to the site that would cause decreased stability; avoid removing the toe of the slope without adequate mechanical support; avoid increasing the weight load on top of the slope; re- contour disturbed slopes so that they can be re- vegetated; avoid steepening of existing slopes. (c) Any development approved pursuant to this section shall be conditioned upon compliance with the engineer or geologists recommended mitigation measures. (d) Following Site Plan review, and prior to the application for a Building Permit, a precise engineer or geologist approved mitigation plan shall be submitted by the applicant that shows the area of disturbed slope, any re- grading required and the exact size and location of all mitigation devices. The mitigation measures must be determined by the Community Development Department to be the least visually and ecologically obtrusive alternatives. 000013 �9 O O O O io it O O • s O O Alk • s • (2) PARCELS WITH SOME AREAS OF LESS THAN THIRTY (30) PERCENT SLOPES (a) if a parcel contains areas with less than thirty (30) percent slopes that are accessible by a road or driveway that meets the requirements of this Land Use Code, but such areas (after exclusion of Constrained Areas) are not large enough to develop the floor area permitted by underlying zoning, then areas containing slopes of less than thirty (30) percent must be utilized to develop as much of the floor area as can feasibly be accommodated. Areas containing slopes of thirty (30) percent or greater (but not exceeding forty-five (45) percent) may then be used for development of the remainder of the permitted floor area. The resulting area specified for development should define a contiguous area with slopes of less than thirty (30) percent to the maximum extent practicable. (b) Development on slopes equal to or exceeding thirty (30) percent (but less than or equal to forty-five (45) percent) shall be subject to the development standards in Sec. 7- 20- 20(c)(1)(a) through (d)., and shall minimize disruption of natural terrain as viewed from any of those roads identified in Sec. 7- 20- 120(b). (3) MINOR SLOPE ANOMALY Through the Site Plan process, exceptions for minor changes in slope-development may be permitted on lands that have a slope equal to or in excess of thirty (30) percent when the slope is due to the presence of a minor natural or minor man -made change in the gradient of a continuous slope, provided that an engineer or geologist licensed in the State of Colorado demonstrates that the slope's ground surface is not prone to instability or failure and that the proposed development will not cause greater instability or increase the potential for slope failure. (d) Less Than Thirty (30) Percent Gradient Development is permitted on slopes with less than a thirty (30) percent gradient. (4) LIMITS ON GRADED, EXCAVATED, OR FILLED MAN -MADE SLOPES (a) Where grading, excavation, or filling is necessary, grading, excavation, or filling to create slopes of twenty-five (25) percent or less is strongly encouraged. (b) Graded or filled man -made slopes shall not exceed a slope of fifty (50) percent (c) Cut man -made surfaces or slopes shall not exceed a slope of fifty (50) percent unless a soils engineering or a geotechnical report is furnished stating that the site has been investigated and that in the opinion of a qualified professional a cut at a steeper slope will be stable and not create a hazard to public or private property. (d) All cut, filled, and graded slopes shall be re- contoured to the natural, varied contour of the surrounding terrain. (6) STANDARDS FOR RETAINING WALLS (a) Retaining walls shall be faced with stone or earth - colored materials similar to the surrounding natural landscape. (b) All retaining walls shall comply with the adopted building code, except that when any provision of this section conflicts with any provision set forth in the adopted building code, the more restrictive provision shall apply. '00014 0 Q • s • (7) DETENT/OWSTORM WATER FACILITIES Where detention basins and other storm and erosion control facilities may be required, any negative visual and aesthetic impacts on the natural landscape and topography shall be minimized to the maximum extent practicable. (8) UTILITY CUTS Utility cuts on any slope with a gradient of fifteen (15) percent or greater shall be reviewed through the Site Plan process. (9) RE- VEGETATION REQUIRED Any slope exposed or created in new development shall be landscaped or re- vegetated pursuant to the standards and provisions set forth in Sec. 7- 20-130 as well as the re- vegetation standards in the Pitkin County Re- vegetation Guide, the Pitkin County Landscaping Guidelines maintained by the Pitkin County Public Works Department, and the Roadway Landscaping Guidelines included in the Pitkin County Asset Management Plan, as applicable. In the event those documents contain inconsistent requirements with regard to a particular area of land, the stricter provision shall govern. APPLICANT COMMENT: The slope in the proposed Activity Envelope ranges from 0 to greater than 30 %. The steep slopes below the ditch are likely man made anomalies created during ditch construction. The proposed Activity Envelope and proposed site and building development has been lowered on the site from previous approvab to in order to reduce the development on steeper slopes. The applicant and proposed development will comply with the above standards. Section: 7- 20.30: WATER COURSES AND DRAINAGE (a) Applicability The water resources standards in this Sec. 7 -20 -30 are applicable to all development. (b) Encroachment or Channeling Encroachment or channeling activities in a river, stream (including intermittent streams), pond, wet meadow, or wetland are also subject to the requirements of Secs. 7 -20-40 and 7 -20-80 of this Land Use Code, as well as all other applicable state and federal statutes and regulations (including, but not limited to the U.S. Army Corps of Engineers permitting requirements of Section 404 of the Federal Clean Water Act). (c) Drainage (1) GENERAL Activities and development shall provide for: (a) Maintenance of historical flow patterns and runoff amounts to reasonably preserve the natural character of an area and prevent property damage attributable to runoff rate and velocity increases, diversions, unplanned ponding and /or storm water runoff; (b) The unimpeded flow of natural water courses and ditches; (c) Adequate drainage for all low points; (d) A drainage system designed to account for an entire drainage basin capable of accommodating runoff from a proposed development and, where applicable, the runoff from areas adjacent and upstream; (e) Maintenance of drainage systems; and ?iJ015 0 0 0 • 0 0 • • • • • r 0 • • • • 0 0 O 0 0 • 0 • 0 *0 (f) On -site treatment of storm water by use of best management practices designed to detain and allow infiltration of runoff prior to discharge to any water body. (2) RUNOFF VOLUMES Runoff volumes and peaks within a development site and in areas affected by runoff from a development site shall not exceed the runoff levels attributable to the undeveloped site as determined by a professional engineer licensed in the State of Colorado. (d) Groundwater Activities and development shall not result in the introduction of any contaminants to groundwater, or interfere with any recharge area or aquifer. (e) Irrigated Areas Activities and development shall: (1) Not adversely affect the adequacy of water supplies available for the irrigation of agricultural lands; and (2) Not adversely affect the exercise of any existing and decreed irrigation water right. (f) Irrigation Ditches Activities and development shall: (1) ACCESS Provide for access to irrigation ditches by ditch owners and to the public if a ditch is to be, or is part of the Pitkin County Open Space and Trails System or other public property. (2) PREVENTING LEAK4GE Ensure that no building shall be constructed immediately downhill of a ditch unless the ditch can be placed in a culvert, lined, or otherwise treated to avoid leakage of water downhill towards the building. (3) AVOID FLOODING Design land uses to avoid flooding problems from flood irrigation. (4) AVOID SEEPAGE Place basements and soil absorption on -site wastewater treatment systems in locations where they will not be impacted by flood irrigation or seepage from irrigation ditches. (g) Sedimentation Activities and development shall: (1) CONTROL DURING CONSTRUCTION Provide adequate sedimentation control throughout all phases of development. (2) SEDIMENTATION Retain sediment produced by soil disturbances on site where the disturbance occurs and prohibit run -off into any water body, wetlands, or riparian area. (3) RE- VEGETATION OJOO16 0 0 0 • 0 co 4W Q r+ 0 0 0 0 0 0 0 • Re- vegetate clearing and grading as soon as possible, but in no event longer than one growing season after conclusion of development on a site. (h) Water Quality (1) All land uses shall comply with those setbacks required by Sec. 7 -20 -80 and those setbacks required by Table 5-1. (2) Activities and development shall comply with all state and federal statutes and regulations concerning the protection and enhancement of water quality (including but not limited to the requirements of all state and federal permitting programs). (3) Activities and development shall be consistent with maintenance of the Stream Classifications for the Roaring Fork River watershed, as identified in Section 208 of the Roaring Fork Watershed Management Plan, and shall comply with state regulations pertaining to maintenance of those classifications. (1) Efficient Water Use Activities and development shall emphasize the most efficient use of water, including, to the extent permissible under law, the re- cycling and reuse of water. APPLICANT COMMENT: The applicant will Comply with the code Standards. Section 7- 20 -60: GEOLOGIC HAZARDS This section identifies development standards applicable to specific geologic hazard areas. Major geologic hazards are identified on the Geologic Hazards Map maintained in the Community Development Department. APPLICANT COMMENT: The portion of the site proposed for development is not affected by geologic hazards. A copy of the soil survey is available in the Architect's office for review. Section 7- 20-60: WILDFIRE HAZARDS This section establishes the standards for development in wildfire hazard areas. The level of hazard is determined primarily by grade or slope and continuity of fuels. As a general guideline, low hazard is located on slopes of zero to twenty (0-20) percent with discontinuous fuels; moderate hazard is located on slopes of ten to twenty (10 -20) percent with continuous fuels, or on slopes greater than twenty (20) percent with discontinuous fuels; and severe hazard is located on slopes of greater than twenty (20) percent with continuous fuels. APPLICANT COMMENT: The subject site is mapped for medium wildfire hazards. A copy of a report ( EXHIBIT 11) for a previous approved development in 2009 by Hoagland & Associates, consultants on Wildfire Hazard Mitigation is attached as the report on the wildfire mitigation requirements that this new proposed design will adhere to. An updated report on the new proposed development will be submitted as a part of the building permit documents. The applicant will adhere to this code section. 000017 M N N Section 7- 20 -70: WILDLIFE HABITAT AREAS This section establishes land use standards for wildlife habitat to preserve, protect, and expand the full range of biodiversity present in Pitkin County. Wildlife habitat shall be addressed broadly to include locations that are ecologically significant and where activities or structures would interfere with important wildlife functions and activities. For purposes of this Sec. 7- 20 -70, Constrained Areas shall include, but shall not be limited to, locations that include: any portion of a ® wetland; riparian habitat; critical wildlife habitat; severe winter range, and/or winter concentration areas; wildlife migration corridors or habitat wildlife production, birthing or calving areas; important waterfowl and wading bird habitat areas; significant mountain sage, aspen, and ® mountain shrub dominated habitat; and rare, imperiled, sensitive, threatened, or endangered species critical habitat. O APPLICANT COMMENT: The Applicant will abide by this section of the code. Section 7- 20-120 (d) SCENIC VIEW PROTECTION APPLICANT COMMENT: 10 This section of the land use application demonstrates compliance with the Scenic View Protection standards. The subject site is visible form McChtine Flats Road. The v proposed location of the house is between the existing driveway and below the Salvation �y Ditch. 0 The attached photograph, EX I BIT 12 shows the site with the house depicted on the photograph from one location at McClain Flats Road. (d) Standards for Development Within Scenic View Protection Areas All non - exempt development located within a mapped Scenic View Protection Area shall comply with the following standards. (1) The proposed development shall utilize existing topography and natural vegetation, such as ridges, hills, and existing trees, to screen buildings to the maximum extent ® practicable when viewed from those right -of -way listed in subsection (b) above. S APPLICANT COMMENT: The proposed development utilizes the natural topography of the site as the building sits into the hillside, with a significant portion of the mass of the building reduced visually. ® (2) The proposed development shall avoid the location of structures within the Scenic View Protection Areas, and shall avoid the location of structures within any View plane identified in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan if possible. If location outside the Scenic View Protection Area ® and defined View planes is not practicable, then the proposed development shall not ® be located on the highest ground or most visible portion of any site as viewed from . those corridors listed in subsection (b) above. OOG018 • (4) The proposed structure shall be placed so it does not project above a ridgeline such • that a structure silhouettes against the sky when viewed from those corridors listed in • subsection (b), unless there are no alternate building sites on the lot or parcel. • APPLICANT COMMENT: APPLICANT COMMENT: The structure will not be located within a designated Scenic View Plane. The slope • behind the building is higher than the proposed roof line. ® of the land through the use of techniques such as earth - sheltered design, the use of • (3) The proposed development's height and bulk shall be designed to avoid, to the • maximum extent practicable, the visibility of buildings from those corridors listed in subsection (b) above. This may include, but shall not be limited to, breaking the mass • of the building down into a series of smaller forms, articulation of the building • fagades to avoid a wall or row effect, and staggering rooflines to avoid a long ® unbroken plane. . APPLICANT COMMENT: from a two story building to a one story building for half The proposed structure varies of its length. The two story portion of the building has the lower level built into the • hillside, thus reducing the mass of the building by having the most of the structure ® below grade. The facade and roof line of the building is staggered. (6) The proposed development shall preserve natural vegetation and avoid development within irrigated meadows, to the maximum extent practicable. APPLICANT COMMENT: • The proposed development will not disturb native vegetation where there is no building ® activity. (7) The proposed development shall install utilities in locations and through procedures that minimize visual impacts to the maximum extent practicable. • APPLICANT COMMENT: The applicant will comply with this standard. • • 000019 w (4) The proposed structure shall be placed so it does not project above a ridgeline such 0 that a structure silhouettes against the sky when viewed from those corridors listed in Q subsection (b), unless there are no alternate building sites on the lot or parcel. APPLICANT COMMENT: The proposed building does not break a ridgeline. ® (S) The proposed development shall be designed to complement the natural topography ® of the land through the use of techniques such as earth - sheltered design, the use of natural materials and coloring, the use of low- reflectance materials, or clustering of structures on the least visible portions of the site. When a building is proposed near a ridgeline, then its form (particularly its roof form) shall replicate, parallel, or complement the natural form of the ridgeline so that it appears to be an element of the ® natural ridgeline. . APPLICANT COMMENT: The building is designed to complement the natural topography. It is build into the hillside. The building materials will be complementary to the natural grays and greens • on the site. The window glazing will be non reflective materials. (6) The proposed development shall preserve natural vegetation and avoid development within irrigated meadows, to the maximum extent practicable. APPLICANT COMMENT: • The proposed development will not disturb native vegetation where there is no building ® activity. (7) The proposed development shall install utilities in locations and through procedures that minimize visual impacts to the maximum extent practicable. • APPLICANT COMMENT: The applicant will comply with this standard. • • 000019 w • • • • • • • • • • • • • • • • • • • • • • • • • • 0 • • • • (8) All satellite dishes in the proposed development shall be located to minimize visibility from those rights -of -way listed in subsection (b), and shall use earth tone colors and/or screening to minimize their visual impact. APPLICANT COMMENT: The applicant will comply with this standard. (9) The proposed development shall not use earth moving and berms as the primary means of compliance with these regulations, but earth moving may be utilized in conjunction with other techniques to comply with standards in this section. Where earth moving techniques are necessary, man -made forms should be undulating and natural in appearance. APPLICANT COMMENT: The applicant will comply with this standard. (10) In the Rural Areas only, development shall be located so that activities and development occur in at least one of the locations specified in subsection (f) as they may apply to the particular property. APPLICANT COMMENT: Non applicable to 1759 McClaine Flats Road (11) EARTH TONE MATERIALS The exterior of all development, except development located and designed in the form of a ranch compound, shall be built or painted with indigenous earth tone materials or colors. The exterior of a ranch compound should be built or painted with indigenous earth tone materials, or shall be painted or stained using local, traditional ranch colors, which shall include shades of red, brown, or white. Paints or stains that simulate weathered barn wood also shall be permitted. APPLICANT COMMENT: The applicant will use earth tone materials. (12) ROOFS All roofs shall have a non - reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. APPLICANT COMMENT: The applicant will comply with this standard. 000020 • • • • • • • • • • • • • • • e • e • • • • • • • e e • • • (13) REVEGETATION OF DISTURBED AREAS Lands disturbed by earth moving or berms should be revegetated using native species that are already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas. Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival of planted native species. APPLICANT COMMENT: The applicant will comply with this standard. (14) DRIVEWAYS AVOID DIVIDING MEADOWS AND PASTURES To the maximum extent practicable, roads and driveways shall be located to skirt the edge of and avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening, a row of trees may be planted along the roads or driveways. To the maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out with soil, curving edges and shall avoid straight line corridors that are incongruous with the natural setting. APPLICANT COMMENT: The proposed development will be improving the existing driveway and lowering a portion of it from its present location. Landscaping will be developed to screen the revised driveway. (s) Rural Character Guidelines for Building Location In addition to complying with the standards of subsection (d) above (if applicable), all development in Rural Areas should be located so that activities and development occur in one or a combination of the following locations as they may apply to the particular property: (1) at the edge of an open meadow or pasture; (2) behind an existing stand of vegetation; (3) behind or built into a change in natural topography; or (4) within a pasture or meadow, clustered in the form of a ranch compound, or adjacent to or integrated into an existing ranch compound. Where guidelines reference distances from a road, and more than one road borders the property, the guideline applies to the road carrying the greater amount of traffic. Guidelines for each of these locations follow: (3) DEVELOPMENT BEHIND OR BUILT INTO NATURAL TOPOGRAPHIC BREAK When located behind a natural topographic break or built into the natural topography in an earth- sheltered design, development shall comply with the following guidelines: (a) Scale Scale and height of the development shall be subordinate to the natural change in topography. (b) Earth Moving Earth moving shall be used to the minimum extent practicable to extend a naturally occurring topographic change and screen the development, but not to create a new, man -made landform. 000021 • • • • • • 0 • • • • • • • • • • • • • • Q 0 • • 0 • • APPLICANT COMMENT: The proposed development is a one story to two story building and is built into the hillside, thus reducing the scale of the development. Section 7 -20 -130: LANDSCAPING AND VEGETATION PROTECTION All development in Pitkin County shall comply with the Pitkin County Landscape Guidelines and portions of development adjacent to public roads shall comply with the Roadway Landscaping Guidelines contained in the Pitkin County Asset Management Plan. In case of conflict between the provisions of these two documents and the standards below, the guideline documents shall apply. (a) Purpose These regulations are intended to preserve existing vegetation on development sites to the maximum extent consistent with the permitted development, and to ensure that specific types of man made improvements are screened from view in order to preserve the rural character of the County, and to prevent the use of landscaping in ways that would compromise the rural character of the County. (b) General Provisions (1) PROTECTION OF NATURAL VEGETATION In order to protect the rural character of Pitkin County, natural vegetation should be preserved to the maximum extent practicable, and any installed landscaping shall use the species plant materials naturally occurring on the site or on neighboring properties (except for flower gardens). Restrictions on removal of natural vegetation, and requirements for revegetation, are set forth in other portions of this Chapter 7. (2) CONFORMANCE WITH WILDFIRE REGULATIONS In the event the provisions of this Sec. 7- 20-130 conflict with any provisions of Sec. 7- 20-60, as those requirements may be varied by a wildfire expert approved by the County, the provisions of Sec. 7 -20-60 shall govern. (3) BERMS Berms may be incorporated into any required landscaping, buffering, or screening area, provided that the County determines, during the development approval process, that the proposed berms will not cause drainage or erosion problems. No installed berth shall have a slope of greater than four -to one (4:1), nor a height greater than four (4) feet above grade. (4) LANDSCAPE ENCLOSURES Landscaping shall not be used to mark or enclose the boundary of a parcel, or to privatize an otherwise public view plane. Use of indigenous shrubs or trees to enclose a portion of the property immediately surrounding a dwelling, bam, and /or accessory buildings (as opposed to the entire property or a large area of the property) are permitted if made to resemble similar windbreaks located near older properties in Rural Areas of the County. (5) VIS/B/UTYCLEARANCE All landscaping shall be installed and maintained so that it does not interfere with the ability of drivers to see nearby traffic at the intersection of any driveway with a public road, or at the intersection of two public roads. (6) UTIUTYEASEMENTS Whenever the provisions of this Sec. 7- 20-130 would require the installation of trees or shrubs over or on utility easements, where branches or roots might interfere with utility lines 0010022 0 0 0 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • or pipes, the required location for such trees and shrubs shall be modified to require installation at the closest location that would avoid potential conflicts with utilities and would enable the trees and shrubs to serve the same landscaping purpose. (7) FINANCIAL SECURITY The Community Development Department may require financial security in a form acceptable to the County Attorney to ensure completion of installation of all required landscaping and /or successful establishment of plants. (8) MAINTENANCE All plants shall be maintained continually in a healthy condition in accordance with generally accepted professional horticultural standards and practices. Within areas required to be landscaped with installed plant materials, plants that die or are unhealthy shall be replaced. Landscape areas shall remain free of weeds, litter, junk, rubbish and other nuisances and obstructions. APPLICANT COMMENT: The applicant will comply with this standard. SUMMARY This application seeks the approval of the proposed Activity envelope and Site plan for the development of a 5,750 square foot residence and appurtenant site development The proposal Includes Improving the existing driveway and lowering the existing driveway on the site. This property has had a significant amount of reviews for a similar development in the past The vested rights have expired, so this application is going through the approval process under the current Land Use Code. This development has Improved on the other developments of the past, as the house and driveway will be lower on the site. 000023 r. ly N ►759 F e llt b0024; l r% QAP s s 8� yr/ yr+ n .. yr yr ^ v yar s� 0 L 22. "- , M 06 P1 TKiJ COUNTY TITLEB PM, 108 R $16.00 " +�-•'J92 1 N,bciC aaVa \R. JJav7nr a /cv va J $262.50 Janice K. Vos Caudill,�Pitkin County, CO WHEN RECORDED RETURN TO: John Kelly, Esq. 533 E. Hopkins Avenue Aspen, CO 81611 SPECIAL WARRANTY DB JAYLENE PARK AS TO AN UNDIVIDED IS%INTEREST, STEPHEN J. MARCUS AS TO AN UNDIVIDED 35 %INTEREST, AVH ONION VENTURES II LLC, a Colorado limited liability company AS TO AN UNDIVIDED 25% INTEREST, collectively as GRANTORS, for ten dollars ($10.00) ate other good and valuable consideration, in hand paid, hereby sells and conveys to: TIMOTHYVRESTJTTI, GRANTEE, whose legal address is: 314 South Galena Street, Suite 200, Aspen, Colorado 81611, the following real property in the County of Pitkin, State of Colorado, to wit: 00 A tract of land situated on Lots Sand 16, Section 27, Township 9 South, Range 85 West of the 6' O�tttt Principal Meridian, described as follows: 1, Beginning at a point whence the Southeast Comer of said Section 27 bears S 19 0 13'28" E 2687.15 fect; U Thence N 39 W 70.00 feet; Thence N 15 216.00 feet to a point on the Westerly line of said Lot 8; Thence N 00 W 392.68 feet along the Westerly line of sail Lot 8 to the Northwest Comer thereof; Thence N 89°46' E 570.00 feet along the Northerly line of said Lot 8; 'thence S 23 1 59'41" E 434.40 feet; Thence S 68 0 17' W 615.00 feet to the point of beginning. together with all its appurtenances, including wells and other structures and facilities necessary for or used in connection with the water rights, if any, appurtenant to the Property, and warrants title against all persons Claiming under Grantor, SUBJECT TO AND EXCEPTING: Those matters listed on Exhibit "A" attached hereto and made a part hereof. Signed effective as of the I day of June, 2007. ylena ar °�`S � �• AVH ONION VENTURES 11 LLC ndrew V. Hecht, Manager 00 5 Apallo.s Stephen J. Marcus 1 a)YIBV ' 2 1® X1.22, 2iNQ' -. 9,;'AV p PITKIN COUNTY TITLE T/ No. 092u P. 2 �® RL'M 1""W. JJpVr L, 06 /lo /GVV O4. Va. JL. aB PM 2 Or 3, Janiea K. Vos Caudill, Pitkin County, CO ID 9� i too 1� A +Yr+ 'r h t r r vw qW vai qW 0 7 fl STATE OF �ji [(AGZ )as COUNTY OF Fcjk& ) The foregoing instrument was acknowledged before me on this _12:�aay of June, 2007, by Jaylene Park. �%, Ar ckv vJ V "L th-Y h4"" Witness my hand and official seal. My commis i JOY 9. HiGFNS NOTARY PUBLIC . BTA F 1W COL ae Notary tic a r ��tp/, Fapaea Of'0;1'd070 �i Co ok STATE OF .C.oiornrl o ) )u COUNTY OF y The foregoing instrument was acknowledged before me on this l 6 day of lune, 2007, by Stephen J. Marcus. Wimcss my hand and official seal. My commission ex Tres: JOY 3. HIGENS NOTARY PUBI iC N Pu 'c , STA7E OF COL ,.�y�m�atee ps rosM Olo '•_ wxN, STATE OF WIOY p 1 r COUNTY OF ) The foregoing instrument was acknowledged before me on this \ bly of June, 2007, by Andrew V. Hecht, Manager of AVH Onion Ventures H LLC Witness my hand and official seal. My commission expires: Notary Public JOY L HIGENS NOTARY PUBLIC S ATE OP COLORADO NY CanM431 E�Pafa0=m010 000026 i�LP•'� ® lu1.22. nn 2!Iu „1�,ir1 "ITKIN COUNTY TITLE Ne. i1920 N. 2 RL'.c +a.+. .7 ✓ay. <, 06/1a'.' we PM, 2 OF 3, ® danica K. Vos Caudill, Pitkin County, CO rar rw STATE OF �� 0 ) %W )ss i r COUNTY OFh ) �+ The foregoing instrument was acknowledged before me on this A�nay of June, 2007, by Jaylene Park. txj PrKrltrx 4.7 V "t c'v' ' V r 4L+va Vn L LA t n - Fa. E.S Witness my hand and official seal. c0mnns i �' JOY B. HIGENB ��" �^ NOTARY PUBLIC � F -pp, ',, gTAiE OF CALOIiA00 Notary lie i a .r.- "AW MVcamn E�eae OE'oWal r N: : eF 8p� c0- STATE OF L' alor ) or )ss COUNTY OF ) r The foregoing instrument was acknowledged before me on this l $" day of June, 2007, by Stephen J. Marcus. Witness my hand and official seal. rr My commission ex fires: r F[STA . HIGENB Y PUBI t[ CO DO,� N Pu 'o ... STATE OF W OV' p 1 ^'- 't''x"' •�'' CI )as COUNTY OF r. ) ` The foregoing instrument was acknowledged before me on this `\ — ebay of June, 2007, by Andrew V. Hecht, Manager of AVH Onion Ventures I1 LLC Witness my hand and official seal. My commission expires: I S. aC>W(A-A-4 JOY R HIGENB No NOTARY PUBLIC Public i STATE 0 P COLADA wrowami�ea asroanoto I 2 v % I �, 000027 kil r-9 `r It a a pe836 ae © s a e2:la � DETERMINATION OF THE BEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF P1TF:1N COUNTY, COLORADO, APPROVING THE LOT 17 WHITE 0 HORSE SPRINGS LLC 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION ,.. r✓ Deteratitaation NoA- 2005 RE CIT AU c✓ I . Lot 17 White Horse Springs LLC (hereafter "Applicane) has applied to the Pitkin County Hearing Q Officer (hereafter "Hearing Officer') for 1041 Hazard Review approval t0 establish a building and access envelopes for a single-family residence. ti The property is Lot 17, Block 2, White Horse Springs, and is more specifically described in r. Exhibit A. \r ;. The property is zoned RS -20 PUD and is 7.97 acres. 4. The parcel received 1041 Hazard Review approval in 1988 pursuant to P approvals d ur tier g to Commission Resolution No. 88-49. The parrot then received subsequentP BOCC Resolution Nos. 94 -29, 97 -59, 083 -2000, and 143 -2000. j The Hearing Officer heard this application at a duly noticed public hearing on March 15, 2005 at which time evidence and testimony were presented with respect to this application. +era+ y. The Heating Officer finds that the proposal is in compliance with the applicable Standards of the Pitkin County Land Use Code. S NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that approval is hereby granted to the Lot 17 White Horse Springs LLC 1041 Hazard Review and Conceptual Submission S subject to the following conditions, which shall run with the land and be binding on all successors in previous cond o f a pp r oval in Resolution No 88-49, and BOCC N s. 94-29,97-59,093-2000, and 143- 000 Commission 1. The Applicant shall adhere to ition aind material representations mark: in the application and public meetings exc ep t amende ® 2. Prior to submittal for any building permits, the Applicant shall record a 24 X 36 inch mylar 1041 Hazard Review Site Plan in accordance with Sections 5- 70-040 of the land Use Code. Building and Access envelopes shall be depicted on the site plan encompassing all existing and proposed development. The Site Plan shall delineate slopes of 30 to 45 6 /6, and 45% and above. Community Development shall approve the site plan prior to recordation. ;. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards as can be accomplished within the boundaries of the property. A. Brush, debris, and non - ornamental vegetation shall be removed within a minimum 15400t perimeter around the structures. � 000028 ..� / vel �;'e- >0 ,s v Y.r IIIIII�IIOI��nI�II�In���pllRlll� � 06 �®z:ta SILVIA Davis itTKIK COUNTY co ® DetenninationNo. 2005 Page 2 f the B minimum of a3S be perime eter arou d hevsuucture, and o a , 45 -foot perimeter down he fuel a to break up the p slope to the east. C. Spacing between clumps of brush an d vegetation within the 35 -foot and 45•foot (down slope) perimeters shalt be a minimum of 2'% times the height of the fuel. Maximum diameter of the clumps shall be 2'f, the height of the fuel. All measurements shall be from c the edges of the crowns of the fuel. p shall be pruned to a D. All branches from trees within the 3 and u foot i height of 10 feet above the ground and d l ladder fuels from around trees shall b removed. g. Tree crown separation within the 30 -foot perimeters shall have a minimum of 20 feet between the edges of the crowns. New coniferous trees shall not be installed within 20' of rr any built or proposed structure- F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. e�ir G The density of fuels within a 100 foot perimeter of the structure s i (or thinned snowbeM, serviceberry, or chokeberry stumps roust be p anted with Garlon equivalent) herbicide to prevent aggressive re- sprouting. trr H • All deadfall within the 100 foot perimeter shall be removed. 1, The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 4. The Applicant shall comply with the following additional wildfire mitigation standards for any new construction: A. Projections: 1, Projections at the roofline (which include but are not limited to: eaves, cornices. soffits and roofs over open decks) shall be sheathed with materials approved for S ont hour fire- rtsistive consbvetion. ® 2• For projections below the roof line (including, bu pro j ec tions. and bay windows which balconies, decks, porches, cantilevered floor p of grade and the ® extend over a flat or sloped surface) the open space between ® underside of projections below the roofllne shall be enclosed by solid, vertical walls. These walls shall be constructed with materials approved for one - hour fire- resistive construction on the exterior side of the wall and shall ext Ott he top of grade to the underside of the floor decking or walls of the prof a 3. Any porch or deck or projectiop shall be void of vegetation below h- and areas below such prcjwdons shall be protected from accumulation of vegetation materials by placement of a vegetation barrier covered with rocks or grovel. or by coverage with concrete or stone. Walls underneath projections shall be constructed with materials approved for one -hour fire-resistive constnnction on the exterior of the side of the wall. Pillars or columns shall be of non - flammable materials, or if wood, made out of h eavy ch deck or trea projection shall besheathed n -ha r fire underside of any pro resistive materials, or with fire- retarded. ® 4. An alternative for a deck or porch is use of non- flammable hardscaping that ,s at least 10 feet wide. Some planters can be in his area, but cannot contain trees. H. Windows and doors shall be tempered glass. Doors shall be non - combustible or 1 Y4 solid ID wood, and any glass. on doors shall be tempered. 000029 � • nn���NNNN����HH p ppnn''11 5083b� 1u1g'1 '' � n1 nN t111 1III'����� Ia�� IN�'�� 11� 1"I e3 /ZS0 0e II��1;��111VIS P[TKiN �r Determination No. 2005 �u+ Page 3 C. Siding and exter wall construction shall have a minimum one -hour fire- resistive rating. QW ground level to roofline. ,in shall be fully enclosed and constructed D. foundations, skirting and crawl spa ope gs 'r ved for pre one-hour fire- tesistive cons action with on the exter side of the h materials appro walls and shall extend from the top of grsda to the underside of the floor decking or walls. co E. Firewood shall be kept stacked and 15 feet away. F. Any new roof shall be construc with a non 'Combustible roof covering on a Class A roof ® assembly (see IBC 1505.2). Wood shake/shingles are prohibited. ® (;. Minimum roof pitch will be 3:12 on any new roofs. H Vents shall be screened with corrosive resistant wire mesh with mesh ./. inch maximum. 1. Roofs and gutters shall be kept clear of debris. Yards shall be kept clear of all litter, slash. and 011ie contour a of 15 feat awe) rir K All Flammable materials shall be stored on a pare from any structure• err 0 -foot perimeter shall be maintained to a height not mor Weeds and grosses within the 1 #yr than 6 inches. M. Fir,woo&wood piles shall be sleeked on a parallel contour a minimum of 15 y' eel away from the structure• ent vehicles. ir N, Swittiming pools shall be accessible to Fire Department p Fences shall be kept clear of brush and uct VAW F Wood fences shall not connect to the strructure. 0.1 Q. Any outbuildings or additional structures Shall adherertoohr t h e sam standards as structures. ® R. Fuel tanks shall be installed underground with an app S. Propane tanks shall be installed according toNFPA 48 standards and on a contour away ® from the structure with standard c sp vegeta arotind thetank shallbe constructed with materials `e• ground tank Any wood enc the s approved for 2 hour fire-resistive construction on the exterior �C f ire t�tguisher T Fact structure shall have a minimum of one 10 pound appro ® placed in a visible and accessible location. U. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on s non-combustible post. V. New utility lines shall be buried• including grading, excavation, fill placement, berining, landscopiin , n t r l r j, No development, ranch gates, and vegetation removal Ot disturbance shall occur outside of the nanmaintenance shall occur within app appr pa rking, utility ® [and /oTI access envelope except for wildfire mitigation. Construction, ti ding envelope, or ® and driveway extension and mainte access driveway. Only access, acce 1SDS shall be allowed within ss related development and the the access envelope. Q Prior to submission of any new building permits for new development, Co Applicant shall submit a The re port shall m iti g ation report from an engineer or geologist li in the State of Colors there �+ demonstrate that the site can be engineered in such a u red Band ti size and locatio sed, and shall of all mitigation show the area of disturbed slopes, any re grading req devices. Additionally, the report shall include mitigation for potential water displacement a with the repp ort . o the parcel to the east. Any new development shall be conditioned upon comPlian 000030 o�i�112d :sR 508360 I lllglllliillY N 6 Co �lll�lllll 4 . ° �0 0069 �'ta� SLV I Determination No. 2005 4 The salvation Ditch shall be lined with a material suitable to the Ditch Company and the County Engineer to prevent water seepage down slope, along the eastern edge of the building envelope prior to the issuance of a building Permit. ® 'The Applicant shall provide the site plan to the Salvation Ditch Company for review and approval. prior to the issuance a building permit, should any improvements be located within 30 -feet of the Ditches centerline. �. The exposed boulders above the building envelope shall be stabilised or removed to the satisfaction o r th County Engineer prior to Certificate of Occupancy. 10. Fruit - bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in this area. i t . The Applicant shall comply with the 2001 Wildlife Protection Ordinance No. 010 -2001 for waste storage. Compliance with the condition shall be verified by the Pitkin County Wildlife Biologist prior to issuance of a certificate of occupancy. 12. Pursuant to Ordinance No. 022 -2000, the Applicant is subject to the Fair Share Requirements and shall pay a road impact fee. 13. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until issuance of Certificate orOccupane%'. No vegetation shall be damaged or removed outside the building envelope. 14. A Drainage and Erosion Control Plan shall be submitted by the Applicant and approved by the County Engineer prior to building permit submission. Larger foundation drains shall be used to mitigate any groundwater infiltration from the Ditch. is. The Applicant shall obtain an access permit from the County Engineer and Cottununity Duvelopment prior to issuance of any permits for the property. The driveway and development of the driveway shall not encroach on slopes o( 30% or greater for more than 100 linear feet. At time of permit, if the Applicant cannot design a driveway that meets the requirements of the Pitkin County land Use Code and the County driveway standards. access shall be denied. If the access permit is denied by the County, the Applicant shall be eligible to apply for a takings determination, pursuant to Section 3 -290 of the Pitkin County Land Use Code. 16. Any areas disturbed must be revegetated with native vegetation according to a revegetation plan submitted by the Applicant and approved by the County prior to issuance of a Certificate of Occupancy. 17. Floor area shall be limited to 5,750 square feet exempt from growth management or use of TDRs. 18. Statutory vested rights for the approval contained herein am granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4.140 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on March 15, 2008. 00/ /404#/ /10 f/ #"V;006 0100031 w,r o 63,(29 p7.9;f 02.141 , a. SILV DWI P1tKIN C� Determination No. 04.2005 Page 5 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN T11y1� on the of February, 2005. ,PPROVF.D ON THE ISTH DAY OF MARCH 2005. 1'UBLISIJED AFTER ADOPTTO �— NN FOR? VESTED REAL PROPERTY RIGHTS in the Aspen 'rim ,4I es Weekly on the day of 6: ATTE l t� pis aylar, Administrative Assistant APPROVED AS TO FORM: 000032 HEARING OFFICER OF PITYJN COUNTY, COLORADO A kimring Officer Date: APPROVED AS TO CONTENT: Cindy Houbea, Community Development Director Case 9PO03.05 PIDN 264327100004 O O EXHIBIT "A" a LEGAL DESCRIPTION ® : of iana situated on Lots Band 16, Township 9 South, Range 95 West of the 9th Principal Meridian, described 83 ® : ginning at a point whence the Southeast Comer of said Section 27 bears S 19 ° 13'28' E 2687.15 feel; ^encs N 39 W 70.00 feet; • Hance N 35 215.00 feet to a point on the Westerly fine of said Lot 8; mince N 00'41'45' W 392.68 feet along ft Westerly line of said Lot a to the Northwest Corner thereof; ® rience N 89 E 570.00 feet along the Northerly One of said Lot 8; ® hence S 23 °59'41' E 434.40 feet: .)encs S 68 615.00 feet to the paint of beginning. ® IIII � 1 NuI III�IVIII II�II 03/29-42005 ez: t •� IS iTK11r COURT Co q 9. 00 D 0.ee 0r 0 Div ' • • 0 • • a • 0 0 O s • • 003033 • ADM DU TRATIVE DECMON OF THE COMMUNITY DEVELOPMENT DIRECTOR OF F T M COUNTY, COLORADO, APPROVING THE LOT 17 WHf1'E HORSE SPRINGS LLCLSRAEL MINOR AMENDMENT TO EXPAND THE ACCESS ENVELOPES AdinWshstive Decision Noj�L- 2005 RECITALS I. Lot 17 White Horse Springs LL.0 and Charles B. Israel (heteaftw "Applicants') have applied to the Community Development Director offitldn County, ("Director"), pursuant to Section 3- 200-080 of the Pitkin County Land Use Code C Code'), to expand the access envelopes on Lot 17 and 18 to allow for the current driveway design for Lot 17's access to the approved building envelope. 2. The properties are Lot 17 and 18, Block 2, White Horse Springs, and are more specifically described in Exhibit A and B. 3. The properties are zoned RS-20 PM and are 7.97 acres and 10 acres respectively. 4. Lot 17 received 1041 Hazard Review approval in 2005 pursuant to Hearing Officer Determination No. 042005. 5. Lot I& received 1041 Hazard Review approval pursuant to Administrative Decision No. 12 -2005. 6. The Director fords that the request is consistent with the requirements of the Land Use Code. THE DIRECTOR DOES BMW APPROVE the Lot 17 White Horse Springs L XAWeal Minor Amendment to a Development Permit to expand the access envelopes, subject to the following conditions, which shall run with the laud and be binding on all successors in interest 1. The Applicant shall adhere to all conditions and material representations made in the application and public meetings except as amended herein. 2. Prier to submittal for any building permits, the Applicant shall record an amended 24 X 36 inch myiw 1041 Hazard Review Site Plan in accordance with Section 5 -70-040 of the Land Use Code. APPROVED by t �JJ h e , Director, this,U day of QU, 2005. 1l- Cmdy Houben, Community Development Director Case #P196-05 PID# 264327100004 and 264327100003 515711 Page: r of 3 10/05 /2995 1h� /BST el O O EXHIBIT °A" • - LEGAL DESCRIPTION �t of land situated on Lots 8 and 16, Township 9 South, Range 85 West of the 6th Principal Meridian, described as dr Wing at a point whence -the Southeast Comer of said Section 27 bears S 19 °13'28' E 2687.15 feet �cee N 39.31' W 70.00 feet Ie N 35 0411 ` W 216.00 feet to a point on the Westerly line of said Lot 8• N 00 °41'45' W 392 rn 68 feet along the Westerly line of said Lot 8 to the Northwest Comer there ee of; qe N 89 E 570.00 feet along the Northerly Orte of said Lot 8; sa S 23°59'41' E 434.40 feet; S 68 °17 W 615.00 feet to the point of beginning. O 361 ~ sef s SILVIA MIS PIIKIN coUlM CO R e.ee 3 � / � �' IN D e.ee • • • • • • 5 je: 2 pi o ®� gs: 2 of 3 le /95 /2le5 12:15[ Go 11LVSA DAV15 PITIIIN L011n'/ R i.9e D •.ee Cl 000035 • • .I3E}�I�FHI�f4r' ® LEGAL DESCRIPTION • tract of land situated in Lots 8, 9,15 and 16 of Secdoo 27, Township 9 South, Range 85 West of the 6th Mincipal C ridian, being more fully described as follows: • Sou Be inning at a poird on the Easterly line of said Lot 9 whence the tlleast eomer of said Section 27 bears South •20 52'51' East 296123 feet; .thence South 35'41'00' East 56.32 feet; thence South 68'09'15' West 708.62 feet to a point on the Easterly fine of a County Road as constricted and in place; •thence North 18 West 54.80 feet along the Easterly fine of said road; ``thence North 13°38'43' West 92.86 feet along the Easterly Cure of said road; *thence-North 17'37 West 71.87 feet along the Easterly fine of said road •thence North 18 °31'00` West 514.44 feet Wong the Easterly fine of said road to a point an the Northerly fine of said Lot 9; thence North 89'46'00' East 844.15 feet along the Northerly line of said Lot 9 to the NoMeast Comer of Lot 9; Wence South 00'41' 45' East 39268 feet along the Easterly line said Lot 9 to the point of beginning. • • ® 093 03 . • SILVIA DAVIS PIT C M R 9.90 w •' i • 5 Pa ge: 3 o I 401 I N 1 9/95/2665 12.15ii SILVIA DAVIS PITKIN COMY W R 9.80 0 9.00 - �I 36-0036 ® qtb. IU.LUUG� [:LOrn��uvnuvwiniiT urv[rurni[iuI wv.7'n1�r. RECEPTION #: 554916, 12109!2008 at • 10:26:04 AM, 1 OF 4. R $0.00 Doc Code ADMIN DECISION v ®n 6 2 0 Q A Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COM[LTNM DEVELOPMENT DIRECTOR OF PTTR]N COUNTY, COLORADO, APPROVING THE PRESUTTI MINOR AMENDMENT TO A DEVELOPMENT PERMIT Administrative Decision NoJE- -2008 ® RECITALS • Timothy Presutti (hereby referred to as "Applicant'), has applied to the Community Development Director of Pitkin County, ("Director"), pursuant to Section 2- 20- 15D(b) of the 2006 Ptkin County Land Use Code ("Code"), to amend a previously approved Utility Envelope for an onsite septic • system and establish a landscape envelope. I. The Applicant submitted an application after July 6 2006, therefore the application is being considered pursuant to the 2006 Land Use Cade, as amended. 2. The parcel is located at 1759 McLain Flats Road, Block 2, Lot 17, White Horse Springs Ranch (Legal Description, Attachment A). PID #: 2643 - 271 -00 -004. ® 1 The parcel is in the RS -20 zone district, contains 7.91 acres and is non - conforming in size. 4. The Hearing Officer granted 1041 Hazard approval pursuant to Determination No. D4 -2005 recorded at BK 72 PG 75 (Rec. No. 509272). Vesting expired in March 20DS. A building ® permit was applied for on March 13,2008; it has not yet been issued. A Minor Amendment ® to expand the access envelopes for Lot 17 &. Lot 18 was approved pursuant to Administrative Decision No. 94 -2005. e 5. The Application was referred to the Environmental Health/Natural Resources Department who stated the amended envelope for septic construction posed no issues, however a portion t of the proposed envelope contains slopes > 30%. The proposed envelope for landscaping also includes areas of slopes > 30 Portions of envelopes that contains slopes > 30% will be limited • 6. The Director funds that the requests to amend the previously approved utility envelope for construction of a septic field and add a landscape envelope is appropriate subject to the . conditions outlined below. • APPROVED by the Director. subject to the following conditions: 1. The Applicants shall adhere to all material representations made during the application process. 2. The Applicant shall comply with the provisions of Hearing Officer Determination No. 04- 2005 and Administrative Decision No. 94 -2005 unless otherwise replaced or amended by the conditions of this approval. ®I lei s 0 �8✓T �' 10 =ffs"M WRLMO 0 000037 ® N 1 IV UtV t LUYIVItNI NU. i73i C'4 1;11YM — �UMMU r ® Administrative determination No. 11,S - -2008 • 3. Within 60 days of the date of this Decision and prior to issuance of any building permit(s), • the Applicant shall be required to submit for approval by the County Attorney and Community Development Department a Site Plan with amended Activity Envelopes in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual 2.1.12. The • above referenced approvals shall be a condition precedent to finalization and recordation ® of the plat. The Mylar copy of the plat shall be signed by the owner prior to submittal for recording. The document shall be amended as follows, prior to submission: a Rename the title of the Site Plan to "Presutti Amended 1041 Hazard Review Site Plan "; b. Remove all references to "Lot 17 White Horse Springs LLC" and replace with • Pmsutti: c. Revise the Expanded Utility Envelope to nun along the 7895' existing contour lime and exclude the area above said contour elevation to the access envelope from • Utility Envelope; d. Rename "Utility Envelope" and "Expanded Utility Envelope" as "Septic Envelope "; e. Include a plat note that states the amended Septic Envelope is for On -Site Waste System Development Only, f. Label the location of the leach field with a plat note; ® g. Include the location of the Salvation Ditch centerline on the site plan; It. Remove the old notes and case number, i. Remove the dashed lime from the previous access envelope. 4. No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. 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 shall require a variance from the Board of Adjustment. ® Approval of a landscape envelope within such setbacks does not assure approval of a variance. 5. Applicant shall provide the site plan to the Salvation Ditch Company for review and provaI prior to the issuance of a building permit, should any improvements be located within thirty (30) feet of the Ditch's centerline. • v 6. Prior to Site Planrecordation and issuance of any building permits, the Applicant shall ® submit a landscape plan to the Community Development Director for review and ® approval prior lo issuance of the building permit. 7. Prior to Building Permit issuance, the Applicant shall submit a revised drainage and erosion control plan for review and approval by the Planning Engineer which incorporates all new amended areas. All slopes steeper than 2:1 shall utilize erosion control blankets. ® 8. Prior to Building Permit issuance, the Applicant shall submit a revised mitigation report from an engineer or geologist licensed in the State of Colorado. The report shall demonstrate that the amended envelope areas pose no hazards, shall show the area of disturbed slopes, any re- grading required and the size and location of all additional mitigation devices. The report shall also include mitigation for potential water displacement on the parcel to the east. Any new development shall be conditioned upon compliance with the report. co a �' 000038 • iv. avw — t. crinI—ovmmuiriii uLvrw IV] iri NU. 77j /�Y. 3/4 • • • • • ,a iw • • • • • • • • • Administrative Determination No. I /J -2008 9. The Applicant shall obtain a permit from EH/NR for the constnrction of the on -site wastewater treatment system (OWTS). a. The system must comply with the new OWTS regulations adopted 318/2008. b. The sewage disposal system must be designed by a Registered Professional Engineer and shall be located within the approved Utility Envelope. c. No landscaping other than approved native grasses shall be placed over the absorption field. 10. If retaining walls are used they shall comply with the following standards: a. Retaining walls may be permitted to support steep slopes but should not exceed four (4) feet in height from the finished grade, except for (i) a structure's foundation wall, or (ii) as necessary to construct a driveway from the street to a garage or parking area, or (iii) as otherwise expressly allowed by the Land Use Code. b. A retaining wall should not exceed seven (7) feet in height. Retaining walls greater than four (4) feet in height shall be supported by appropriate engineering and reviewed and approved by the County Engineer. Building permit submittal plans shall include stamped engineer drawings. c. Terracing should be limited to two (2) tiers. The width of the terrace between any two four (4) foot vertical retaining walls shall be at least three (3) feet. Retaining walls higher than four (4) feet should be separated from any other retaining wall by a minimum of five (5) horizontal feet. Terraces created between retaining walls shall be permanently landscaped or re- vegetated with native vegetation. d. Retaining walls used to support existing road cuts may exceed (a), (b), and (c) of these guidelines. e. Retaining walls shall be faced with stone or earth - colored materials similar to the surrounding natural landscape. f. All retaining walls shall comply with the adopted Building Code, in the event of any conflict between the Land Use Code and adopted Building Code, the more restrictive provision shall apply. 11. Failure to comply with the conditions of this approval may result in revocation of this approval. or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. APPROVED by the Director, this �tk day of Nca 2008. CindyHoubek Community Development Director PID# 2643 -271- 00-004 P095 -08 • 030039 • rvV. 7J)l�f. Y/4 Utz. IU•CUUtl� L'•LGfw� ^�Urvirvw iutlr u[v «unvl[IV l Administrative Determination No. 16---2C58 Attachment A • Legal Description ,SUB:WH HORS SPRINGS B ® L OT: 1 SECT,TWN RNG27 -9 -85 DESC: _ — TRA OF LAN IN LOT 8 & 16 OF SEC 2 DESC BY M/B BK 63 P G 696 ' • • Wr 000040 17 SITE e a GRAPHIC SCALY NECEPT . "lax "'.Z WK w DS:Y;Y W.1 Oi I. N W01 AWAa N. Von CNMYI. ANY cN'" CO PLAT W N Al 0 A TRACT OF LAND *NA1 M LOW S AIY N W NCTON ]l. iV.Wyy 0 4011111. RN"t " Y Of M[ Clw � IALIw. OCBCOWD AT RYYYr10 AT A PONT W 1NC,CL TW W A, lCllOw 07 "ALS nMYS NP .IS I ., nNNC[ N]IJI'r wtl pl", r N"'41V 21LW MT W A PONE ON AIC 11I Y IYr P We W • T[IICE NOOT1'Nl Y "DY MT ALfIY M N y lK N LAN LOT B TO T4 NM11,dT LVMq TIrRpI; M[N N - As% on" TQT YONO M WIITICRT LNE OT SAID LOT 4 MCNCE SllV - 411 4] 0 Mr. 1NDK2 S rW 615.00 MT 10 CWNIY OF AWN, VA2 Ci COLOAY0 (ALSO NNOV* AS LOT 1T, K" Z. All[ nplY 9PNMO5 AM LOW NY AACTS, BOON 5, PAO[ 6{). 75u�ew'G A/4tu /VY [M1T �•� 1N[ AM11C I II l Ap11g s .7 N MAS M. ARONN® V P1WM COJITY pI T( [01pL� O/ pyLpN1FNT4 nnZAND VrtAY TYi AO O U'AA TIE ApgTY..WT Wgq'h11UIW w10 lN[ ML Vi AND OCLIYNM.1 TIOI[DC. wx CCwNI., C(IO.OPNlwl MECTOR cB nFICA 1 ]D y Nwc BEEN 8 FOR � -�ypAGyyQPre IY�Y,'1yyGy- A411W �r� T'/Af PLAT B YN - lA/ - NAQ�JLL. i SEAL l� OY B�� �w717 00.0041 XIA.L I�A7" �TEZ I' VM: i1,�D1D w- IN id A N 1� I ., p N liAllp�EtY1�/IDM�DI�K A 1I rN � M ww,l A E w 1 p P � D 1N ,i A EN , W LL NO, wY w AuNKMWNM/!D��M IOCn. A 6 1 wALAN 4 w10w1 IYAyL o ALL LOB NiN MIf L010 r I MI , D) TD VAC wnD n TN r1-L1S wUN BlLlrl N5aDlAlrrt >.. tl 2 L9 Z V W R Y V A Slw r eN� j i l wro TN ]g401ta. VICINITY MAP SCALE 1'1000' PRESUTTI" 1041 HAZARD REVIEW SITE PLAN A TRACT OF LAND SITUATED IN LOT 8 & 18 OF' SECTION 27, TOWNSHIP 9 SOUTH, RANGN 85 WEST OF THE; 8TH P.M. COUNTY OF PITKIN, STATE OF COLORADO 1 wl v DD1n W AOBNSTBAnv[ OECII I , 0004 NDCOieYOY 11l.M WCE'. w.SMDIs YAS- -[LN CCwNI., C(IO.OPNlwl MECTOR cB nFICA 1 ]D y Nwc BEEN 8 FOR � -�ypAGyyQPre IY�Y,'1yyGy- A411W �r� T'/Af PLAT B YN - lA/ - NAQ�JLL. i SEAL l� OY B�� �w717 00.0041 XIA.L I�A7" �TEZ I' VM: i1,�D1D w- IN id A N 1� I ., p N liAllp�EtY1�/IDM�DI�K A 1I rN � M ww,l A E w 1 p P � D 1N ,i A EN , W LL NO, wY w AuNKMWNM/!D��M IOCn. A 6 1 wALAN 4 w10w1 IYAyL o ALL LOB NiN MIf L010 r I MI , D) TD VAC wnD n TN r1-L1S wUN BlLlrl N5aDlAlrrt >.. tl 2 L9 Z V W R Y V A Slw r eN� j i l wro TN ]g401ta. VICINITY MAP SCALE 1'1000' PRESUTTI" 1041 HAZARD REVIEW SITE PLAN A TRACT OF LAND SITUATED IN LOT 8 & 18 OF' SECTION 27, TOWNSHIP 9 SOUTH, RANGN 85 WEST OF THE; 8TH P.M. COUNTY OF PITKIN, STATE OF COLORADO r O s� 2 �c Owl ate/ l I a vatic / I n l, itc �] o I . /U11� M., P.,.L t &'Yy l� .�'{OV�PQVHII, �L / -rI ;'Lt � "Yr _)LY/1fIY1, �ftlYMIM/ Q l'.ro12. A. 0.2 2:/.Lr / March 11, 2009 Aspen, Colorado 81611 Q Re. Review of Presutti Drawings and 1041 For Pitkin County Community Development: ; The applicant has provided the Ditch Management Company with a site plan and conceptual drawing for lining of the ditch. Review comments are as follows: 1. Use of 48" diameter HDPE to prevent seepage from the ditch is acceptable. 2. Based on the landscape envelope, it appears that landscape improvements are planned within 30' of ditch centerline. These improvements may be impacted during ditch maintenance and the historic use of the ditch easement for sidecasting debris. Trees may not be planted within 15 feet of the ditch. 3. Applicant must enter into a new 30' ditch easement across property. Sincerely, BY ® each anager � a+sv .aoc Plwh S�wa�u� _ fylllgI7 `� - 7 000042 '40wfjos Ir- 03/09/2009 09:03 9709257490 GRETCFEN GREENWOOD PAGE 01/02 ALAN RICHMAN vf%PVAO&a <.. 50 I nfzg rase A of a_ ss q/1!a a Ne . 141 1Y a 6.N ee ® DeurmiAntien No. 2005 4 suitable to the Ditch Company and due CORM' The Salvation Ditch small be lined with a Materia crag the dge of the building envelope Engineer to prevent water seww down Slope, ✓ prior to the issuance of a hail&$ pemtiL n for review and &We%'&I' O 'The Applicant provide the site plan to the Salvation Dileh Comps Y r prior to the issuance a building permit, should any my irovet less bo located within 3o -fate' or t DitC centerline. 4101 0. 71na exposed boulders above the building eaysbpe shall be dabiliad or removed to tlx satisfaction w of the county Engiamer prior to Cmtif c" of Occupancy 1 U. Fruit- liming trees and shrubs ehoald be avoided in Say landscaping dW a the high level of black bear activity in this area' 11te Applicant shell comply with the 1001 Wildlife Protection Ordinance No. 010.2001 for waste r. Renege. Compliance with the cotadition shall be verified by tin Pitkin County Wildlife 11iologin prior to issuance of a ceAificts" of oewpancy. _ P Set to the Pair Share Requiremcmm And v I _. I ursuam t; O�I lee 022-2000. the A plieaat is suttj stall pay Imp 13, Prior to eommeaeemtun of any eulltmowag m ee oatruet►o• aaiviry, the Applicant shall stales the comers of Use building envelope and insta cons place [�1 aro o Ct sin in place aAificate of Oee pane. I'r buildingsavelope. The females shall me No vegetation shall be damaged or removed outside the building envelope' 14. A Drainage and Erosion Central Plan shall be submitu i by rata Applicant and approved b� the County Engineer Pram to building permit subetksi0m Larger foundation drains shall be used to mitigate any groundwater infiltration from the Ditch. 15. The Applieant chill chain an access puntit from the County Fngineer and community a Issuance of any permits for the propeety. The driveway and development Duvelopment prior a of 30% or groats ft more than 100 linen feet. At of the driveway sha ll no t sneroeeA an abp Ments of time of parrail, if the Applicant cnnwt design a driveway that meats the shall "Autra dent d.If the Pitkin County Land Use Code and the County driveway standards access Permit is denied by the County, the Applicant shun be eligible to apply for a takings determination , pursuant to Scotian 3 -290 of the Pitkin County Land Use Code. 16 Any areas disturbed must be "vegetated with native vegetetitsn awarding to • revegetatlon plan Submitted by the Applicant and approved by the County Prim to isauanee of a Cenifiute of occupancy. �i t 7. Floor area shall be limited l0 5,750 square tent exempt frtmt growt management or use of TORS- Statutory vested rights fat the approval contained hatain Sm granted pursuant b tlx Pitkin fl County Land Use Code and Colorado Statutes, subject to the exceptions set forth in PiN:in 18. County Land Use Code, § 4.1 and C.R•S., 4 24.66 -IOS. The statutory vested rights grunted herein shall expire eat March I5, 2008. o iii I VAPO '4 Vrr rw car (sit Q sir id r `"e! h y C P . N N u y N .J 03/09/2009 09:03 9709257490 GRETCFEN GREENWOOD PAGE 02/02 4 --0EC. 10. 2008 2:27PM-----00MMUNITV DEVELOPMENT N0. 5537—P. 2/4 i AdminiauatSve Determination No. a- 2008 ?04a 3. Within 60 days of the duo of this Decision and prior to issusere of any building psrmh(s), da Applicant stall be required to submit for approval by ths County Eavebpa in Comneudy Development DcpUtmat a She Plea with amended accordance with Land Use Code Section 2.3020(g) and Application Manual 11.12. The above referenced approvals slid be a condition prone" to fLalizalion and recordation of the plet The Mybu copy of do plat sball be signed by the owner prior to submittal for reeoadiog. The document sball be smandd a folbft price to subsiaslaa a. Rename die title of do Site plan to "ProsuNi Amended 1041 Hazard Review SAa Plea "; b. Remove all aefersaose to '9.ot 17 White Ham Springs LLC" and replace with P o. Ravin the Expanded Utillhy Envelope to sun along the 7595' a dstng contour Nne and a dv& the as above said eanteut elavada► to the access ateve" thorn Utility Eavel" d. Roos" Ttility Envalope" and" EVertded Utility Etwelope "as e. brchds a pld nolt due slam the anmaded Sepdo Envelope is fbr On•Sb Waste SystemDevebp "asonly: f. Label the Woolen of 11+16 leant Amid with a plat aete: g. leck de the location of do Salvation Dihob centalks on the site pleat h. Raamve the old aortas and can numbs", i. Remove doe dated lies ficm the previous wee" envelop& 4. No structural development, witb ohs exospil" of hock% in euss i of 30" shall occur within ibe sobwas of On lot Landscaping Inv the form of banns shall nos rinsed four has from on moat restricdve grads. A development Wcatd within setbacks mandated by County Zoning regmistions shall require a variam" Atom the Hoard of Adjustment, Approval of a landscape envelops within such sethecks does not &sun approval of a S. Apd� " PO" the iusmoe of Sits Plan permit, should any srhpovisav be sated vad wnthim thirty (30) fees of the Ditcb's cenderibm 6. Prior to Sits plan recordation and ismenee of Amy building permits, the Appliaand shall submit a landscape plan to in Community Development Director far revmw and approval prior to issuance of the building parrot 7. Prior to Bedding Permit W m w% do A giceat shell ardenit a revised Aninago and erosion corurol plan for review and approval by the Pbffw* FitgioaK which Nncerpora/se all Raw amsdd arms. All alcpm steeper them 2:1 shall Lions erosion control blrnkua, Prim to Building Permit Issmnce, the Applicant sbaU submit a revised mitiaatioo spat Got► an avow or geobitist licensed in etas State of Colorado. 'fhe +spat shall deasonMn that da amended sswelope OARS porn no hRtarda, alydl show the area of disturbed slopes, aoy re grading seqoked and care an and baton of all addidand midgetion device. The report shall also inch* mi11gsdOh he pmmtlel water dbplaamant on the parcel to doe rest Any new devstopmat shall be conditional UPON oormpgaace with the report &#.ejbza0 /01�/' taw 0 000044 lift ,+ . F pi aliallait 'FA /906 March 16, 2009 Catherine Berg Community Development Dept. Pitkin County 130 S. Galena Street Aspen, Colorado 81611 Dear Catherine: El Re: Presutti Ditch Improvements You have requested input from the Salvation Ditch regarding improvements proposed to be made to the Salvation Ditch as part of an overall development plan for Lot 17 White Horse Springs. The Ditch Company does not object to the plan to pipe 134 linear feet of the existing ditch across the Presutti property, however, we would request that the improvements to the Ditch be separated from the building permit process in order to give the Ditch adequate time to evaluate the proposed pipe installation designs. We would find it acceptable that the completion of all improvements be a condition of occupancy rather than a condition precedent to the issuance of a permit. Conditioning the issuance of a certificate of occupancy on the completion of improvements to the ditch would seem to produce the same desired result. Sincerely, /7 G'�i'�ach Manager 0359 pr tti coed of appr aLwpd 133f' §Vmd �Vwm-62 /0 ��fMm `�'O8161/ u r i 4'J 970- 926 -317,5 �t�� ® RECEIVED MAR 1 1 2009 VITKIN �WNTY COMMUNITY DEVELOPMENT yr �yy� Y �alU 2dck C ompany BY T a n. i /lanes, /- ia�ir�enl �uyan�, �ow�✓ewn, ��',r- /�reeiainf Yai S,.J., .�woearo March 11, 2009 Aspen, Colorado 81611 01 62 9 r Re: Review of Presutti Drawings and 1041 �rr r For Pitkin County Community Development: r The applicant has provided the Ditch Management Company with a site plan and conceptual drawing for lining of the ditch. Review comments are as follows: 1. Use of 48" diameter HDPE to prevent seepage from the ditch is acceptable. a.� 2. Based on the landscape envelope, it appears that landscape improvements are planned within 30' of ditch centerline. These improvements may be impacted during ditch maintenance and the historic use of the ditch easement for sidecasting debris. Trees may not be planted within 15 feet of the ditch. 3. Applicant must enter into a new 30' ditch easement across property. Sincerely, B each Mffff 0359 .doc 000046 03/09/2009 09:03 •I,N�1 -I"" RICNMOM SILVIS OW '11 a cterminarion No, .Q� -2003 aeurry 4a 9 GRETQtCN rye WWDV 50836© 1`1 1a l a Of a 42 /29, 0 2005 0 e." R W...;;&AJlES The Ch Ditch shall be lined Engineer to prevawith a syaterial Prior to th4 isseanee of a A busaepege down slope, along h4 e t the Ditch Company and the Cout,ty opt O A 1 �g P4m1it tytl edge of the building envel rl0r 10 th us, Sh all ROW& rM sits Plan b the Selvelion p Ditches cenysline. building Wmtit, Mould an Ditch Coo for review y unplovta041ts be loeatad and approval, 4. 71te within 3 0.1141 of file �POSed boulders above Of the County 8oginey the building enve prior to cettlficate o f shall be stabiliand lu. o< Frurbbeuin e rubs BhOVld be avoided in any'"da Tre uPaah' re to file satisfaction black f ry a his a g due to bear activi i I W the bid krel of 1114 Applicant shell comply with 1h49 storage. Canplianee comply the 001 Wildlife Pr oms w ith Prior to issuance of a cond"' 4 Shall be verified rota t]rdl n County 0 ;ldlil 1 for w eertiRcare oroecupaney. by the Pitkin isle I -'• Pursuant to Wildlife Oiologirt shall Ordlna,ce No. 02 2.2000 f PAY a road impact Z. pPlicaat ect to the Fair Share Re qui eA j 13. Prior 10 co ►emeills and corners of mmencem4nl orally �thmoving or co is sub corner the building erlvelOPe and inter)) cons n ctloss on scllvitY, the Applicant sha No vegetatively 7. he im orng shall remain in place putifell. ing arou c of the s the �� red the slwllbe agnor►emo uAWnee perimeter 1a, r ed outside the building envelop atifwte of'Oceupancv. A Drainage and ErosfOp Conbpl plan Cautry �Binea► prior to building shall be submitted by tl1a A mitigala any 90"dwater infrltristion t submission Applicant end approved by be f ►out ft Ditch, �►He►toundalan doing shall be uscd to I S. The Applicant shall � obtain as access Duvelopmenl prior to i ss uance permit from the C of the driveway all red �LSy for 11,4 C ow anxio4ar and Community time of pemt * if, neroaeI on slopes of309G or fly Tl,e driveway and deveb Pilkin County LAnd U� C i t a"a" ds „g a drivsw greater for more then 100 1. pmrnt access And the county Ay deal meets t err fen, At Dam,it is denied by rhs C ty "eWay sta h4 requh►emerns of the d eterminatio0 , o Punuanl to S unity the Applieem s access shall be denied. If the ufiou 3 -290 of the Phldn eligible to apply for o takings 16. Any arena disturbed Cou nty Land Use Cod xubmined by must be revegula u i,, "rive ve the Applicant and approved by the Count submi"nry, tY Prior to A I ssuance of a Cerliftcale of. i 7 Floor area shall be limited to 3,750 square feet lhim 18. Statutory vcsted ri ��� Srowth man ghIs for Attement or use of TORS. County Land Use Code ands approval contained herein am County Land Use Code Colorado Statute% alibis” 10 the�ted Pursuant to the Pitkin herein Shall a 4 .140 and C.R.S., 1 24. Pg -IOS, eS�tons set forth It, Pitkin APin as March 13, 2008. The vested ested rights I;►smted VF /1oxy �ows 000047 PAGE �r e� err v vwo is✓ Yin its v� L✓ 03/09/2009 09:03 9709257490 GRETQ -EN GREENWOOD PAGE 02/02 +— M. 10. 2008 2:27PM -- COMMUNITY DEVELOPMENT N0.5537 —P. 2/4 AdmanSscrative Determination No. a-2008 ��� tt 3. Within 60 days of the dime of this Deeisioa end prior to issuance of uW buiMW& Pamb($) the APPl icNA dull be required to submit for approval by &a County A ttorney and Community Development Depsmaed a Site Plan with amended Activity Envelopes in eccordana with Land Use Code Section 2- 30-20(S) and Appfiadon Manual'- 7be above referenced spprovab shall be a condition Prooedent m finsl4a ion and recordation of the plat. 'Me Mylsr copy of the plat shall be signed by the owner prior to submitsal for recading. 7be document shall be teaselled to follows. prior to submission: • Rome the title of the Site Plan to "Ptesueti Amanded 1041 Named Review Site Pia"; b. Remove all references to "Lot 17 White Hasse Springs LLC" and replace with Pmsuft, c. Revise the Expanded Utility Bnvelope to tan along the 7895' existing consumer fine and exclude the ax above said c MM elevation to the access envelope ttam Utility Envelope; d. Rautoe "Utility Envelope and "Bxpsnded Utility EnvslopM" as "Septic Envelope"' e. Include a plat no w that stamen the amended Septic Envelops is fbr On -Site Wester System Development Ugly: L Label the location of the kach field wish a plot note- 2. Include the loction of the Salvaion Ditch centerline an the site plan; b. R emove the old nabs and ease nember, i. Remove tiro dashed 1'ue from the previous access envelope. 4. No structural developmem, with the exception of fencing, is excess of 30" shall occur within the setbacks of the for Ltdsnping yr the form of bemss shall net esaaad four feet from the most restrictive grade. Any dev. � �� withi �d es mand by County zoning regalations shell require ve a Approval of a landscape envelope within such setbacks does not assure appro val valiance. 0 3. Appik it WWI provide the site plan to the Salvation Ditch CanPaay fa review Md I prior to the issuance of a building permit, should any Improvements be located hin thirty (30) feet of the Ditcb's cagerhm. 6. Prior to Site Plan proordatloa and issue= of say building Permits, the Applicant shall submit a landscape plan to tbst Community Development Director for review and approval prior to issuance of the building pannit. 7. Prior to Building Permit issuance, due APPUat shall submit a revised dru mage end erosion conerol plea for review and approval by des Piareriog which incorpoms" all new amarded arse. All elopes sbepa then 2:1 S W utilise erosion control blankts. 8. Prior to Building Permit issue=, the APPlian1 shall submit a revised Mitigation 10patt Dom a orWooa or geol4at prated in the Snot of Colorado. 'ChM report shall demonstrate the the amended envelope areas Pose no harM& stall show the aq of disturbed slopes, any re-grtding required and the s® and location of all additional midgetioa devices. The report shall also include miligatiot for potential water disPleceeoeat on the pateal to de at. Any now development shall be couditiosed Wan comPliena with the report ule,azloo O?w f L i e ® ommntdty 130 S. C:akna St, 3r Floor ® DrMopment Asper, CO 81611 Fttx 970) 920-5439 � ACCESS DRIVEWAY PERMrr # DEVELOPMENT PERMIT cI>ECx# Perm$ Administrative Fee (no refardr) 5500.00 Pen* valid for am year ranks otherwLr speeided ® VALID PERMIT MUST BE KEPT ON S1't'E AT ALL TSM $ Red infhaetioos on the reverse side before oomplaing �✓ Appgciipt Horse Springs Lot 17, LLC Phone Fax Airiest 601 Eaet Hunan Avenue Ctty/statelap Aspen, CO 81611 Property Ownds Name �ttssi+f Phom Fax �� / �Ptnperty Owm's Airiest City/stateFrip Legaldescriptimofptopetty obeaccessed Lot 17 White Horse Spriaas. Pitkin County. CO �+ � Loaned on the Horeheast Side of Cormty Road # 19 � alto lmawn s McClain Plats Rand (prov;de s aeulea map showing the laarsan ac legtbb sale >. +1 „ 6�Addtes of property m be aoceseed: '� (PIabS, Cormystafftvlp ddaadse rbe addnest:) Parcel M amiber of property to be scarred Parcel Nwbes — 264327100004 (ajeck www. or CaU Aw Ptd k CorortyAaseassWs Offes at 920 S160for dwpwrd 1Dmwtbsr.) Coashuetion to begin an (Date): July 11th Is there cds6ag acaadl No• Do other rads/cnemmta abut p►opertyl Yes For residential apneas, typdmtmber dwelling units (1) Single Family House For commercial, numbedialA of busisas NIB Spsckf Atteados: Applicants must go throogh a fall review process with the County Community Development Department for utility installation Sou areas with mere then a 30% slope. ® lnchxW with thin apptiatim shall be the following: C Driveway plan t prone C Drainage plan w/County Rd. shown C Compliance with Land use approvals C Board of Adjuabment approval (if applicable) T. Specific site or vicinity map Ci Aooes Easement Agreements (If applicable) G Plans must be stamped dt signed by a civil engimer C Written proof of a license or agreement to nos RTA property (if applicabls) Having can tilly read the requzements below, I (Applicant) bereby agree to the term and conditions described within. This fount is a permit only when validaeed by County staff; work started without a permit will be charged dosb& die fee. NA?*M: - Andrew Hscht DATE: Appliwor Staff comments: APPROVED ATE D S Pitldn C C opmwt t== APPRO ATE: 6 O Pitkm County . +d +err' 000049 1 of2 7�' T . fl .. re.+ �r r too w,i ICi $,1 ,,. ACCESS DRpawAY Dz,vzLoP11fzNT PERM[P 1. The permit application amt be rnoptete and all necessary doatmeaft attached before submidd to the Commneity Development 2. Upon approval of the apphostion, the seem ap wwb Shall be coaetrtwted, manamned and used in accordance with the Pidun Came Asset Mturagament Piet Chen of access shdi meet a0 Casty mad access steadards. 3. The Cody may revoke the pewit if at any time the penuitted seem approach and is use violates my of the t®s and conditions ofthis permit 4. The use of advance wsmiog and oaosh"on signors flsab@M benumb and flaggers we required at A times awing access aPlxaa I conahuction within the Casty RWo €Way, in ooh with the Colorado Depertmeot of lYmsportelim Monad, Umfaw Tleflic Camel davkM Section 420. 5. pdbn County, is employees mod awls shall be indemnified end hold haun as apn* Say actin of damage sustained by realm of the eserciae end use of this access pewit 6. Providing Ban information to a gevemnemt agency is p as perjury is the second degree, as well as being punish" under any applicable bad, stns at federal laws. 7. 11a appbcm t hereby declares by bnfiw swaturs that all infoonsdon provided an the pewit end any suboutted atlachment(s) for the purposes of obtmnmg an Ace= Penult are to bent of hm4w knowledge correct and complete. 8. Wben dw applicmt n not tha surface rights owner of the property the pewit appticatim must also be signed by the anfhos dgbts owner or is audwrized repmenh rm shoe an approved seems boom= urn uftgral part of the property, 9. Approval of this permit is for driveway seem (residectial or commercial) only. Approval of this permit neither grants am implies say edmr development rights or appwvals. Note: A variance from the Board of A*vWWW is m pined prior to pewit iseoaoce if the editing glade is ganged sae than 6 witbm required setbacks Call the Zoning Offim at 920 -5105 if you bees quMM about this 2 of 2 1111 i r. L. eD r) r CnM BNGMEER LAM gUttVEY1NG 00372005 i i MEMORANDUM i To: EzRA LouTm4. Commmr Y DEvELoPMENT DEPARTMENT ® FROM: MATTHEW LANGHORSP, HIGH COUNTRY ENGINEERING. DATE 6 -2905 ® SUBJECT: WHrrE HORSE SPRNNGS LOT 17 HCE PROJECT NO: 2051022.00 owl AW 'r AW After our meeting an June 10 with Bud Eyk4 Lance C1ar1or, Ezra L.outhis, Allan Richman and Matthew 1mghorst it was agreed that the driveway plan sod profile for W White Horse Springs Lot 17 would be acceptable to the County. The use of a cantilever driveway fiom station 7+00 to 8 +20 up to the baild'mg envelope will keep the driveway ® c o ns truction fium encroaching upon any additiooel 30% slopes. The plan attached to this driveway pemdt submittal shows the 99 L.F. of distmbw= onto 3096 slopes, and the general plan for a concrete cadtlever driveway section. The owners of Lot 17 would lUm to start work on this driveway as soon as possible, with the understanding that the cantilever steeteh of driveway wM not be completed until a later dace, That section of the driveway will only be gwded at Sr of width with a gravel ® smtmr, thus act a$ecting any of the esdatiag 30% slopes fiom station 7+0010 8+20 On the attached Am. The owners would like to be We to show the building envelope to ® perspective buyers widmut having to command the concrete cantilever at this time. If you have any questions please feel free to call me at 970-945 -8676 or email at i RECEIVED i AL 01 2005 i 1'wa0oodreawno Daft. M 1517 BLAKKAVasas.suM tan 14*MWM aWDMWKffAf1'.9YRaR1ae GLnwpe SPIWW ,0091601 E11w.aw0e06C090172 97041484MM.NpW 303923084s *P 1 970 D45?AO • rAR 3 0547 MAX , wr W"ME.ocor +tar 0 000051 z Parcel Detail Page 1 of 3 003 72005 Pitkin County .Assessor/Treasurer Parcel Detail Information • A=s9or1rrftm=agMftSc=h I Assesm s ubset Onery Clerk & Recorder Kw&Mdon Snob 1! Basic BLd_ing Clamcoxistics I. Tax Information z Parcel Detail I Value Detail I S aks I° Lend.l Ma I Tax Arm H Aocoant Naarber Parcel Namber Mi0 009 2006261 264327100004 25.035 ro yr Owl Owner Name and Address A Legal Description :WHITE HORSE SPRINGS BLK:2 L0 T:17 SECT,TWN G:27 -9-83 DESC: �' CT OF LAND IN LOTS 8 & 16 OF SEC 7 -9-85 DESC BY M/B BR 635 PG 696 Location P siml Address: CLA1N FLATS RD ASPEN Sabdivisioa: HORSE SPRINGS Land Acres: 7.91 Land So Ft: Sectlon E 27 9 95 CEIVED Property Tax Valuation Information NL U 12005 ��0 DsPc http:/ Avww .lndmmwswr.org/awe&wrftrcel. asp ?AccomtNumbe =RO06261 6282005 000052 L P 2of3 ® Yarcell)atail � � s Actual Value 11 Aaeeued Value Land: 2,750, 797,5 bnz==eMMn enb: 0 Total: 2,750 797,5 Sale Data IMMS ® Sale Price. 000000 0 • Bask Building Characteristics s N=ber of Bu Baildl Transacdeu a Number of Cosm/tn No 13a'ktWg Records Found rr w Tax Information %w r b+ r +r Tax Year Transacdeu a Amount 1997 Tax Amount $15 012.28 1997 Tax Whole 515,012.28 1998 Tax Amount $14155.78 1998 TaxP Whole $14,155.78 Tax Amount $21482 26 Tax Whole $21,482.26 Tax Amount $24,45534 Tax Whole $24,455.34 Tax Amount $20,482.56 7j200 Tax Whole $20,482.5 Tax Amount $20,398.46 Tax Whole 520,398. Tax Amount 520,739. Tax P Whole 1 9.0 2004 Tax Amount $21,054. 2004 Tax P Whole $21,054.44 C RECEIVED JUL 01 2bM T op -O M P Utncbuny9nid„otl r+c httpJ/ www .pi&fimsessor.org/assessor/P=eL asp ?AccountNwnbet=RO06261 6/28/2005 00 0053 -- - -- O i Parcel Dew Page 3 of 3 .0 Clerk & Recorder Database Search Onions PiWn Calmly Home Pe¢e i The Man Comity Assessor and Treasurer's Offices make every effort to collect and maintain accurate ® data. However, Good Turns Software and the PW= County Assessor and Treamnees Offices are unable ® to warrant any of the information herein contained. Copyright O 2004 Good Turns Software. All Rights Reserved. al Database & Web Design by Good Turns Softwmm a r yr http://www.pitkinassessor org/ assessor /Psrcel. asp ?Accm'tNumber— R006261 628!2005 JJ0054 • M +M� hM Ule 000055 O w. SOQAUNa & BSSOC18T89M"MM" COURT1 IO ON Nunn nun 1Il71ONi01f rm MOUC ION up I NUIN I @ nN coon 00162009 March 4, 2008 • 0 - - Gretchen Greenwood Gretchen Greenwood & Associates, Inc. 520 Walnut Street Aspen, Colorado 81611 Subject: Wildfire Hazard Mitigation for Preusitti residence, Lot 17, Block 2, Whitehorse Springs, Pitkin County, Colorado Dear Ms. Greenwood, Thank you, I received the information you sent indicating the plan view of the proposed Preusitti home, the building envelope and the slope contours in the vicinity of the proposed house. I also received the Vicinity Map and lot information. I went to the site on Tuesday, February 19' to look at the conditions in the area. As you know there is a considerable amount of snow on the ground covering grass and some brush. From my visits to this area during months where there is no snow and my knowledge of the vegetation as well as what is currently visible, I determine that this is a Medium Wildfire Hazard Area. The location of the proposed house on the property provides the opportunity to establish defensible space through vegetation management. Vegetation Management and Modification Recommended: 2. Around the proposed house and any other buildings constructed and beyond the furthermost projection of combustible construction for a distance of 15 -feet the area should be of primarily noncombustible hard scape surfaces. Woody vegetation should not be planted within this area. Firewood or other combustible materials should not be stored within this area. If you would like to maintain or provide some trees or small clusters of trees or shrubs in the vicinity of the house this may be done if the 15 -foot area is extended outward from the furthest growth expected from the mature trees and shrubs. In other words, these trees and shrubs should have defensible space as the house does. Crowns of vegetation within these clusters should be at Ieastl0 -feet from any portion of the buildings. Limbs of trees within these clusters should be pruned to one half the height of the tree or 10 -feet whichever is less. Within 60 -feet downslope to the west, and 40 -feet upslope or to the Salvation Ditch and 35 -feet cross slope or along contours from the proposed house maintain natural and/or irrigated grass at less than 6- inches and maintain any trees and brush that may be added as individuals or clusters. Limbs of all-trees should be PlUtin 001 Qty 000056 AM& 17 oto(tee astas, ot�nl000 sramas, cor oasao 31sot MAR 14 4.44' MOB (870) 384.18811 FU ( 870) 384-13311 thidellepdi.itN- min.;ty (?e,._,., ., t pruned to one half the height of the tree or 10 -feet whichever is less. No brush or shrubs which when mature will be tall enough act as ladder fuel should be provided or maintained around the trees. Ideally the plant material growing between trees and clusters of bushes or trees is grass maintained at 6- inches or less. 3. For a distance of 100 -feet of buildings remove all standing dead and deadfall. ® There does not appear to be much of either. • New Construction: S MEDIUM WILDFIRE HAZARD AREAS: Pitkin County has Structural Design and Construction Requirements, the following are paraphrased from the Pitkin County Land Use Code, chapter 7, Section 7 -20-60 Wildfire ® Hazards and may or may not contain exact language but it is intended to be consistent with the intent and purpose of the Pitkin County requirements: Roofs shall be constructed with a Class -A roof assembly as defined in the 2003 International Building Code (IBC) Section 1505.2. Wood shakelshingle roof coverings are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted in wildfire areas unless they comply with the following: 1) All roof coverings shall be Class -A materials approved for installation on a Class -A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural r process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris. ® Protrusions above the roof line, such as parapets, shall be prohibited 4) Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. ® 6) Vents: Soffit Vents shall be located in the outer 1/3n of the overhang and screened with corrosive resistant wire mesh, with mesh one - fourth inch ('h ") maximum. Maintenance: a) Roofs and gutters shall be kept clear of debris. a b) Area shall be kept clear of all litter, slash and flammable debris. c) All flammable materials shall be stored on a parallel contour a minimum of fifteen feet (15) away from any structure. y d) Weeds and grasses within the fifteen -foot (15') perimeter and under trees shall be maintained to a height of not more than six inches (6 "). ,r+ 000057 2 Miscellaneous: a) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen feet (15') away from the structure. b) Fences shall be kept clear of brush and debris. C) Wood fences shall not connect to the structure. d) Any outbuildings or additional structures shall adhere to the same standards as structures. e) Each structure shall have a minimum of one ten (10) pound Class ABC fire extinguisher. f) Addresses shall be clearly marked with two-inch (2 ") non - combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. I also recommend a publication titled "Firewise Construction Design and Materials" available from the Colorado State Forest Service. If you have comments, questions or require additional information please contact me. Sincerely, �-�R Art Hougland NOTICE: This Wildfire Hazard Mitigation Analysis along with observations and recommendations is intended to be an aid to the owner, architect and vegetation management and/or landscape design and implementation professionals in the development of defensible space and of fire wise construction documents. The review of the existing wildfire hazard potential on this properly and the observations and recommendations for the mitigation of these hazards does not constitute an acceptance of any responsibility by Hougland & Associates for errors, omissions or discrepancies. The behavior of wildfire is acknowledged to be capricious in nature. Hougland & Associates does not proclaim that circumstances, including improper maintenance, may not arise that would permit wildfire to overwhelm the mitigation measures recommended or implemented. Observations and recommendations are intended to be collaborative with wildfire hazard mitigation guidelines of the Colorado State Forest Service and of other nationally recognized standards and are intended to be constructive and in support of the owners interest. 000058 17 r T. r+ -- T '- dis Y - Oy PRESUTTI ACTIVITY ENVELOPE & SITE PLAN SHEET 113 — VICINITY AND OVERVIEW SHEET 213 — ACTIVITY ENVELOPES AND SITE PLAN AND SLOPES SHEET 313 — 1 " =10' SITE PLAN VICINITY MAP psroo , . . . • tItVJ GI.l LOCATION \� \� \II 11 A1AA v ��v V t 11 1 I ` \, I" 11,111, `\`\ \\ \ \ \ \1 \1 \\ 1\ \ \ \ \\ \\ \` \ \ \\\ O 1`1 \1\ \\\11\ \\`, ` 1 If ( J tII li � LLLL T ,11 , 1 11 1111 1 111 1 1 1 1 11,11 '! 1 \1 1 111 1 ` ' 1 1 1`1 \ \ V\ 11t\ \\e \ \\ \\\ \\\ \ \ 11 1 r� ----- - - ---- ------------ ------- ---- - - - - -� \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ .VAnON DITCH \ \ \ CL SALVATION DITCH (6' MOE) \\ \, LOT 17 \� 7.971 ACRES \ I � 1� 1, \ lill'�\ I, 1p 11 1 ' 11 \ \ salvanav mrcH 1 11tI 11 ` 111 1A V v `�v PROJECT LOCATION 4eylZ _ COPYRIONI' U� DRAWNBY DA W h 4 a ` DATE ` otizaiu \ \ \ \ REVISIONS \ \ \ \ stole AS SHOWN DRAwwD ACTVITY ENVELOPE &. SITE PLAN IR sF� 1/3 �5VAU° ,. DITCH l ACTIVITY &k,,i I nal F.ivvFT .npFC c= n - cnNTr -_ ( 1 �J TION DITCH �EXISTING oI TCH ACS PROPOSED SALVATION DITCH CULVERT. 185 LF Q OF I rr HOPE CULVERT �4Kr Y! �� .. 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AS SHOWN DRAWAIO ACITVII'Y ENVELOPEBc SITE PLAN SHEHI 3/3 U00062 DRAWN HY DA PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on April 01, 2011, the Pitkin County Community Development Director granted approval for the Approving the Presutti Activity Envelope and Site Plan Review (Case P001 -1 l; Deter. #021 - 2011). The property is located at 1759 McLain Flats Road and is legally described as Lot 17, Block 2, White Horse Springs Subdivision. The State Parcel Identification Number for the property is 2643 - 271 -00 -004. This site - specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S /Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly on APRIL 17, 2011. PUBLIC NOTICE RE: Presutti Activity Envelope and Site Plan Review (Case P001 -11) NOTICE IS HEREBY GIVEN that an application has been submitted by Timothy M. Presutti (212 W. Hopkins Avenue, Aspen, CO 81611) requesting to attain Site Plan and Activity Envelope Review approval for construction of a single family residence. The property is located at 1759 McLain Flats Road and is legally described as Lot 17, Block 2, White Horse Springs Subdivision. The State Parcel Identification Number for the property is 2643 - 271 -00 -004. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Cari Anne Holcomb at (970) 920- 5092. Published in the Aspen Times Weekly on February 20, 2011. Attention All Property Owners within 300' of the subiect property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by March 21 2011. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 February 2, 2011 Gretchen Greenwood 520 Walnut Street Aspen, CO 81611 ggreenwoodAggaaspen.com Re: Presutti Activity Envelope and Site Plan Review (PID#2643- 271 -00 -004; Case# P001 -11) Dear Ms. Greenwood: 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. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300' of the subject property with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by February 13, 2011. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice who wishes to submit comments or objections to the Community Development by 10 day of March, 2011. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 26` day of February, 2011, which is at least fifteen (15) days prior to March 14, 2011. This must be submitted prior to any approvals being granted. If you have questions, please call Cari Anne Holcomb, the planner assigned to your case, at 920 -5092. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2 -20 -100 i7 Y M,11►[K�ll ri COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 MEMORANDUM To: Colorado Division of Wildlife Planning Engineer Aspen Fire Protection White Horse Springs Metro District FROM: Cari Anne Holcomb, Community Development Department Carianne.holcombeco.pitkin.co.us Re: Presutti Activity Envelope and Site Plan Review (PID 2643- 271 -00 -004; Case P001 -I1) DATE: February 2, 2011 Attached for your review and comments are materials for an application submitted by Timothy M. Presutti. The Pitkin County Community Development Director will review the application. Please return your comments to me by Monday, March 14, 2011. http: / /www.aspenpitkin.com/Portals /0 /docs/ county /Com %20Dev /Planning/Land_Use_Ap plications/P001 _ l l _app.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie .waechtler@co.pitkin.co.us or 920 -5109. Thank you. STATE OF COLORADO John W. Hickenlooper, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildfife-state.co.us February 20, 2011 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 RE: Presuttl Activity Envelope /Site Plan Dear Cari Anne: For 1I71dlife- For People i'itkin County FEB 2 4 2011 Commkrr'w Development The Presutti parcel in White Horse Springs lies within elk winter range. Most elk use is on the steeper mountain shrub hillside above the proposed homesite and Salvation Ditch. The site also lies within a black bear fall concentration area and human - conflict area. Bears will forage in the oakbrush/serviceberry which lies throughout the lot and along the Salvation Ditch. Mountain lions inhabit the area and will prey upon any loose or uncontrolled pets. Locating the proposed homesite /activity envelope below the Salvation Ditch will help minimize impacts to wildlife. This location clusters the home and activity /disturbance with adjacent homes. Locating the envelope in this location also leaves a natural band of mountain shrub which is highly utilized by wildlife. The activity envelope is located in the same general area as prior approvals. Loose or uncontrolled dogs can have significant negative impacts to wintering big game including direct and indirect mortality, increased stress and disturbance, and displacement from preferred ranges. It is important that all dogs be controlled when building and living within big game winter range. The following recommendations will help to minimize impacts to wildlife and minimize human - wildlife conflicts: 1. Implement all applicable measures of 7 -20 -70 LUC, especially as it relates to black bears 2. Maintain native vegetation above the Salvation Ditch and outside of the designated activity envelope �+3. The application referred to a landscape plan but did not include it. This plan should be reviewed to ensure that any vegetation planted does not attract black bears to the home or allow them to gain access to any upper level decks /windows. Homeowner must also realize that any landscaping planted may be browsed and damaged by elk/mule deer. The Division is not liable for this damage �v 4. Contractors not be allowed to bring dogs on site as the Division has had problems with construction worker dogs chasing wildlife. \ 5. Implement the new regulation regarding round handled door knobs for all outside doors in order to minimize a bear's ability to gain entry \6. Contractors must keep all edible and food related trash in an approved bear proof container as per the LUC. There has been significant noncompliance (up to 70 %) with this requirement which leads to increased food habituation by bears and increased human -bear conflicts. This needs to be aggressively enforced Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright. I / DEPARTMENT OF NATURAL RESOURCES, Mike King, Executive Director C71 WILDLIFE COMMISSION, Tim Glenn, Chair • Robert Streeter, Vice Chair. Mark Smith, Secretary Members, David R. Brougham . Dennis Buechler. Dorothea Faris . Allan Jones • John Singletary • Dean Wingfield 11 V ( 11 Ex Officio Members, Mike King and John Salazar Sincerely, Pe ,11 Area Wildlife Manager Cc: R. Velarde, K. Wright, file L u"60012 PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX4 (970) 920 -5439 MEMORANDUM To: Cari Anne Holcomb FROM: Catherine Berg, Planning Engineer Re: Presutti Activity Envelope and Site Plan DATE: February 9, 2011 After reviewing the application I propose the following conditions: i A detailed drainage and erosion control plan shall be submitted with each development permit. If the total development disturbs one (1) acre or more a State Stormwater Permit shall be applied for and obtained. All historic and natural drainage patterns shall be maintained. Stormwater shall be detained onsite and allow infiltration of runoff prior to discharge. \ A detailed revegetation plan will be required. Plan shall be reviewed and approved by Pitkin County Community Development. Financial security may be required. v 1W A tree mitigation plan shall be submitted for the removal of any trees larger than six (6) inch D13H. The applicant shall submit a detailed Construction Management Plan with each development permit that addresses all phases of construction. i% The applicant shall provide adequate engineering of any retaining walls over four (4) feet in height and /or any improvements to walls over four (4) feet in height. All retaining walls shall be a maximum of seven (7) feet tall. The Salvation Ditch shall be culverted and/or lined in a manner acceptable to the Ditch Company. The applicant shall provide documentation of the ditch company's approval and a detailed ditch improvement access plan. i The applicant shall demonstrate that the proposed development does not increase historic drainage patterns. r The exposed boulders located above the building envelope should be removed or secured prior to issuance of Certificate of Occupancy. The applicant shall demonstrate that the proposed driveway does not encroach on steep slopes for more than one - hundred (100) linear feet. �➢ The applicant shall obtain an approved Access Permit for any major improvements to existing access road and /or new driveways. The application shall include: • Compliance with the current Asset Management Plan, J Z. ,. i n ng • Engineering of all bridges and/or culvert crossings, V • Compliance with all requirements of the Aspen Fire Department, and � • Details on all turn arounds and parking locations. ". Comments: The applicant shall address the previous requirement that a mitigation report be produced that addresses the "mitigation for potential water displacement on the parcel to the east ". 09 ujv10:i.0 PITKIN GOUNTY COMMUNITY DEVELOIIENT Permit Receipt RECEIPT NUMBER 00030454 Name: TIMOTHY M PRESUTTI Date:1/27/2011 Project Address: 1759 MCLAIN FLATS RD Type: check # 684 Permit Number Fee Description Amount 0001.2011.PLAN PP- Flat Fee 3,744.00 0001.2011.PLAN PP- Clerk Tech Fee 25.00 0001.2011.PLAN PP- Public Notice Fee 54.00 0001.2011.PLAN PP- PW Engineer Ref Fee 624.00 Total: 4,447.00