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HomeMy WebLinkAboutpitkin.planning.264503201004DOCUMENPLAYOUT 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) ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITIQN COUNTY, COLORADO, APPROVING THE SHARMAN SITE PLAN REVIEW Administrative Decision No� -2011 RECITALS 1) James William Sharman Jr. and Kathleen Riley Sharman (hereafter "Applicant ") have applied to the Community Development Director of Pitkin County (hereafter "Director ") to obtain Site Plan review approval to construct an addition to the existing single family residence with an attached garage and bedroom/office above the garage within the previously approved building envelope. 2) The property is located at 201 Capitol Creek Road, and is described as Lot 4, Capitol Woods Subdivision Filing No. 1. 3) The lot contains 1.26 acres and is a conforming size lot in the R -30 zone district. 4) The BOCC approved the subdivision and the plat was recorded in 1972 in Plat Book 4 at Page 288. The lot is exempt from growth management for up to 5,750 square feet of floor area, pursuant to Sec. 6- 30- 100(b) of the Land Use Code ( "Code "). 5) The Hearing Officer denied 1041 hazard review and conceptual submission for the lot, pursuant to Determination No. 21 -2002, based on a finding that the Code prohibited development within riparian and wetland areas. The BOCC subsequently found a taking and granted approval to develop a single family residence on the lot, pursuant to Resolution No. 105 -2003. The 1041 site plan is recorded in Plat Book 67 at Page 41, and shows a small (approximately 7,270 square foot) building envelope. Condition # 18 in Resolution No. 105 -2003 limited the development within the building envelope to 4,500 square feet of floor area and the allowable building footprint to 2,800 square feet. A single family residence was built in 2004, which contains 2,100 square feet of floor area. 6) The Director finds that the request complies with the applicable provisions of the Code, as follows: A) The existing residence is a legal, nonconforming structure, since it is located within the 100' setback from Capitol Creek. B) The proposed addition will be located 50' from the high water line of Capitol Creek. The Code allows for a reduction of the stream setback to a minimum of 50' upon demonstration by the applicant that there is no area on the property that can be used for development outside of the 100' setback and that such reduction will not result in water quality degradation, stream bank erosion and/or a reduction in the quality of riparian or wetland habitat. It was previously demonstrated that the entire lot is encumbered by riparian habitat and wetlands, and that the building envelope avoided the most critical wetland and riparian areas on the lot. The addition Will be located within the building envelope and primarily within a previously disturbed area where there is an existing shed and parking area. The stream setback reduction complies with the criteria of Secs. 7 -20 -80 (a)(2xa) and 7- 20- 80(a)(4) of the Code. C) The total floor area and footprint will be less than the floor area and footprint allowed by BOCC Resolution No. 105 -2003. D) No development will occur within the 100 year floodplain of Capitol Creek. E) The parcel is within the mapped Scenic View Protection Area. Only the upper level of the existing residence is visible from the road, and the addition will be located at the same elevation. The proposed development complies with the standards of Sec. 7 -20 -120 of the Code. RECEPTION #: 580139, 05/26/2011 at 10:08:40 AM, 1 OF 4, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO Administrative Decision No.�2011 Page 2 F) The Planning Engineer and Fire Marshal have determined that while the existing driveway does not comply with the minimum width requirement in the Asset Management Plan, it provides adequate access to the proposed development and there is a turnaround area on the adjacent lot just beyond the proposed garage. 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 application and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The conditions of Resolution No. 105 -2003 shall remain in full force and effect, unless amended by other conditions herein. 3. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. 4. The Applicant shall comply with all standards for development within Scenic View Protection Areas as represented in the application and approved in this Decision. The exterior of the addition shall utilize indigenous earth tone materials or colors and the 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 reflectivity, with the exception of materials associated with solar or photovoltaic equipment. Driveway lighting is prohibited and all other lighting shall comply with the lighting code. 5. Prior to issuance of building permit application for the addition, the Applicant shall: A. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If the development disturbs one (1) acre or more, the Applicant shall apply for and obtain a State Stormwater Permit. All historic and natural drainage patterns shall be maintained. B. Submit a construction management plan for review and approval by the Planning Engineer. C. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. D. Pay the applicable road and employee housing impact fees. E. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. Any riparian and wetland vegetation removed shall be mitigated at a 2:1 ratio according to a mitigation plan approved by the County. 6. Areas disturbed by construction shall be re- vegetated within one growing season of the project's completion. No development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. Administrative Decision NbZ 2011 Page 3 8. The Applicant shall comply with the applicable codes and requirements of the Basalt and Rural Fire Protection District, including but not limited to access, turning around of fire apparatus and water supply. 9. The Applicant shall comply with the following conditions regarding wildlife: A. Manipulation of vegetation outside of the activity envelope is prohibited, except as necessary to comply with the wildfire hazard mitigation measures. B. Fruit bearing trees and shrubs shall be prohibited. C. Trash/garbage shall be kept in an approved bear resistant container or enclosure as required by the County's Wildlife Protection Ordinance. D. Construction workers shall be prohibited from bringing dogs on -site. E. 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 F. Fencing shall comply with the following, except for fencing immediately adjacent to the buildings to contain pets or livestock: 1) Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed 48 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between two of the rails. 2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. 3) Mesh or woven wire fences are prohibited, except when used for protection around isolated trees or clumps of trees. 10. No development shall occur outside of the approved activity envelope, with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. 11. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the comers of the activity envelope and install construction fencing and silt fencing around the construction site within the perimeter of the envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 12. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 13. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 14. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use C e, § 2-20- and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on 2014. Administrative Decision N05-2011 Page 4 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 27 day of February, 2011. APPROVED by the Director, this day of �, 2011. PUBLISHED AFTER ADOPTION F VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the � y of i np , 2011. Cind ouben, Community Development Director PID#264503201004 P002 -11 SHARMAN RESIDENCE APPLICATION FOR SITE PLAN REVIEW SUBMITTED BY ALAN RICHMAN PLANNING SERVICES BOX 3613 ASPEN, COLORADO 81612 920 -1125 JANUARY, 2011 000001 j q:4 TABLE OF CONTENTS PAGE Project Description ........... ............................... 1 A. Application Request ....... ............................... 1 B. Property Description ....... ............................... 2 C. Proposed Development ..... ..............................3 II. Standards for Site Plan Review . ............................... 4 A. Site Preparation and Grading ............................... 4 B. Water Courses and Drainage ............................... 5 C. Floodplain Hazards ........ ..............................7 D. River and Stream Corridors and Wetlands ...................... 9 E. Scenic View Protection .... ............................... 12 F. Landscaping and Vegetation Protection ...................... 16 G. Driveways, Parking and Utilities ............................. 17 EXHIBITS #1. Commitment for Title Insurance #2. Letter Authorizing Submission of Application #3. Pre - Application Conference Summary #4. BOCC Resolution 105 -2003 #5 Environmental Health Permit for ISDS #6. Floodplain Analysis by Wright Water Engineers #7. List of Owners Within 300' of Subject Property MAPS AND DRAWINGS Vicinity Map Proposed Site Plan Floor Plans Building Elevations 000002 I. PROJECT DESCRIPTION A. Application Request This is an application to make an addition to an existing single - family residence on a lot in unincorporated Pitkin County. The legal description of the property is Lot 4, Capitol Woods Subdivision Filing No. 1. The lot's street address is 201 Capitol Creek Road, Snowmass. The Parcel ID# for the property is 264503201004. A vicinity map showing the location of the property is included in this application booklet. The application is being submitted by the owners of the property, Mr. James William Sharman Jr. and Ms. Kathleen Riley Sharman (hereinafter, "the applicants "). Proof of the ownership of the property is provided in the commitment for title insurance, attached hereto as Exhibit #1. The applicants are being represented by Alan Richman Planning Services for purposes of this application. A letter from the applicants confirming this arrangement is attached as Exhibit #2. A pre - application conference was held with staff of the Community Development Department. The Pre - Application Conference Summary issued by the staff (see Exhibit #3) states that this application is subject to Site Plan Review. It also states that the following sections of the Pitkin County Land Use Code should be addressed by the applicants to obtain site plan approval: Section 7- 20 -10: Section 7- 20 -30: Section 7- 20-40: Section 7- 20 -80: Section 7 -20 -120: Section 7 -20 -130: Section 7 -30: Section 7 -50: Site Preparation and Grading; Water Courses and Drainage; Floodplain Hazards; River and Stream Corridors and Wetlands; Scenic View Protection Areas; Landscaping and Vegetation Protection; Roads, Driveways and Parking; and Public Services and Utilities. The applicants also request that the approved site plan receive three years of Vested Rights, as authorized by Section 2 -20 -170 of the Land Use Code. The following sections of this application identify the Code provisions listed in these sections and provide responses to the applicable County standards. First, however, a brief description of the property and summary of the prior land use actions taken with respect to the property are presented below. Sharman Site Plan Review Page 1 71� = B. Property Description The subject lot is an irregularly shaped parcel of land that is approximately 1.26 acres (55,000 sq. ft.) in size. It is one of six lots in the Capitol Woods Subdivision, a board - approved subdivision that was recorded in September, 1972 in Plat Book 4 at Page 288 of the Pitkin County Records. The vicinity map shows that Lot 4 is located along Capitol Creek Road, close to where the road intersects with East Sopris Creek Road. Access to the lot is provided by an existing driveway. Use of this driveway is shared with the owner of adjacent Lot 6. 1. Natural Conditions Lot 4 is a relatively flat parcel of land, with slopes of generally less than 15 %. According to the topographic survey, the primary area on the lot having slopes in excess of 15% is the area immediately below Capitol Creek Road. As is this case with several of the lots in this subdivision, this is a wet parcel of land, with a high water table. This condition is due to the presence of Capitol Creek, which runs along the northern boundary of the lot. There is also a minor drainage from an on -site spring that traverses the interior of the lot and flows into Capitol Creek. The presence of water on this property explains the amount and type of vegetation found on the lot. There is considerable riparian type vegetation on the lot. The most notable stand of mature vegetation can be found in the southwestern portion of the lot, where there are mature trees and thick alders and other wetland species around the spring. There is also significant riparian vegetation along the edge of Capitol Creek. 2. Man -Made Conditions Lot 4 is zoned R -30, a zone district with a minimum lot size of 30,000 sq. ft. Therefore, the property is a conforming sized parcel of record. The lot is improved with a single - family residence that was constructed in 2004 and a small accessory shed. The residence contains approximately 2,100 sq. ft. of floor area on two levels. The footprint of the residence covers approximately 1,865 sq. ft. of land. Approval to develop this residence was granted by the Board of County Commissioners pursuant to Resolution 105 -2003 (attached as Exhibit #4). This approval reversed an earlier denial of the application by the Pitkin County Hearing Officer. The Board found that the denial constituted a taking because there was no way to establish a building envelope on this property without impacting riparian habitat and wetland areas. The 1041 site plan documenting this approval is recorded in Plat Book 67 at Page 41. It Sharman Site Plan Review Page 2 11111, shows that a small (approximately 7,270 sq. ft.) building envelope was designated for the property. According to the 1041 application submitted at that time, "the building envelope is adequate to accommodate a two story residence with a footprint of around 2,200 square feet and attached garage with turnaround." Condition #18 in Resolution 105 -2003 limited the development within the building envelope to 4,500 square feet of floor area (well below what would be allowed in the R -30 zone district, with its floor area ratio of 0.13), and limited the allowable building footprint to 2,800 square feet. All of these limitations - the small building envelope, the reduced house size and the site coverage standard were intended to ensure that impacts the riparian habitat and wetland areas would be minimized. C. Proposed Development The applicants propose to complete the originally authorized development of the property by building an attached garage with a bedroom /office space. The footprint of the proposed addition has been designed to fit within the dimensional limitations that were placed on the property. The addition will be a two story structure that will replace the existing shed. It will have a floor area of approximately 1,610 sq. ft. (making the on -site total approximately 3,700 sq. ft.) with a footprint of approximately 935 square feet. It should be pointed out that in 2007 this same applicant applied for and received administrative approval for a site plan to construct this addition. That site plan is recorded in Plat Book 84 at Page 85. Staff has explained that this approval was granted at the time of building permit review and as such, there is no accompanying documentation or conditions associated with this approval. There were also no vested rights granted at that time, necessitating the submission of the subject application. There is an existing septic system in place that serves the residence. It is located within a leach field easement area shown on the original subdivision plat that was designated as a leach field envelope on the original 1041 site plan. This system is less than 10 years old, and it was designed to serve not only the residence, but also a bedroom that was expected to be built over the garage (see the permit from the Environmental Health Department, attached as Exhibit #5). No changes are planned to the configuration of the existing driveway. The approved envelope complies with the dimensional requirements of the R -30 zone district, including the minimum front, side and rear yard setbacks (30', 20' and 30', respectively) and the minimum 50' setback from Capitol Creek Road, a collector street. The conformance of the proposed site plan with the other applicable standards of the Land Use Code is addressed in the sections which follow. Sharman Site Plan Review Page 3 000005 STANDARDS FOR SITE PLAN REVIEW Chapter 7 of the Land Use Code establishes the standards related to the quality of development in Pitkin County. Following are the applicants' responses to the applicable standards of that chapter, as specified in the pre - application summary form. A. Site Preparation and Grading (Sec. 7- 20 -10) (a) Grading and Fill Placement. The applicants agree that all grading and filling associated with this project will take place within the designated activity envelopes. (b) Clearing, Grubbing and Vegetation Removal. The applicants agree that all clearing, grubbing and vegetation removal associated with this project will take place within the activity envelopes depicted on the site plan. (c) Tree Removal and Mitigation. Although this property contains a number of mature trees, none of those are located within the portion of the building envelope where development is planned. Therefore, there will be no trees removed as a consequence of this project, and no mitigation is required to be provided. (d) Protection of Natural Terrain. The applicants agree to follow those design and construction techniques that may be recommended by the County Planning Engineer or the Community Development Director to mitigate any physical or visual damage from the proposed development. This shall include, but not be limited to: ♦ Revegetation of the areas disturbed by the re- development of this property. Revegetation will be completed during the first planting season after completion of the construction, using native vegetation. ♦ Removing and saving topsoil prior to any mass grading or excavation, and replacing it following construction; ♦ Employment of appropriate weed prevention techniques that are consistent with the provisions of the 2006 Revised Pitkin County Weed Management Plan; and ♦ Following the County's adopted erosion and sedimentation control and stormwater management standards. Sediment barriers will be placed on -site as necessary to control the impacts of soil disturbing activities. Sharman Site Plan Review Page 4 8 B. Water Courses and Drainage (Sec. 7- 20 -30) (b) Encroachment or Channeling. No encroachment or channeling activities are proposed in Capitol Creek. There is a small perennial spring just south of the designated building envelope that flows into a small channel through a 12" culvert and into Capitol Creek. No activities are planned that would affect this spring or alter this channel. (c) Drainage. A drainage report and plan describing how to ensure the developed runoff volumes do not exceed that of the undeveloped site will be prepared at the time of building permit submission. Given the minimal increase in impervious area associated with this small addition, it is anticipated that the amount of additional runoff generated will be minimal and can be accommodated on -site. The drainage plan will be drawn to ensure that runoff from the new impervious area will be routed towards the driveway and will not flow towards Capitol Creek. (d) Groundwater. As described in the prior 1041 application for this lot, relatively shallow groundwater associated with Capitol Creek and the spring exists beneath the approved building envelope. This groundwater sustains the wetlands found on the lot. Although the increase in impervious area on the site could affect the recharge of the alluvial aquifer along Capitol Creek, the very small footprint proposed ensures that any impacts will be relatively insignificant. This outcome will be achieved by routing the runoff to pervious areas on -site where it can be absorbed. No contaminants will be introduced to groundwater as a result of the proposed development. (e) Irrigated Areas. The proposal will have no affect on water supplies available for irrigation or any water rights. (f) Irrigation Ditches. The will be no impacts to irrigation ditches as a result of this application. (g) Sedimentation. The applicants will comply with the County's standards for controlling sedimentation. A plan will be prepared as part of the building permit application package that locates and describes the erosion and sedimentation control measures that will be installed during construction. Sediment barriers, to include straw bales, silt fences and similar filtering devices, will be placed down - slope of all disturbed areas. Disturbed areas will be re- vegetated no later than one growing season after completion of construction by applying native seed mixes and fertilizer to disturbed areas and mulching seeded areas with straw. Sharman Site Plan Review Page 5 000001 (h) Water Quality. (1) The applicants' compliance with the County's stream setback standards is addressed in Section II.D of this application. (2) The applicants will comply with those state and federal statutes and regulations concerning water quality that may apply to the proposed development. (i) Efficient Water Use. The applicants will comply with this standard. Sharman Site Plan Review Page 6 000008 C. Floodplain Hazards (Sec. 7- 20-40) A portion of the property is situated within flood hazard zone A of Capitol Creek, as delineated on the FEMA maps dated June 4, 1987. Because of the generalized nature of the FEMA floodplain mapping, a more detailed, site specific study was conducted by Wright Water Engineers, Inc. as part of the original 1041 application for this lot. A copy of the resulting report is attached as Exhibit #6. The mapped floodplain was depicted on the original 1041 site plan for the property and formed one boundary of the designated building envelope. The review standards for development in floodplain hazard areas are found in Section 7- 20 -40 (b) (2) of the Code. Following are the applicants' responses to these standards. (1) All activity and development is prohibited within the 100 year floodplain except as specifically permitted in this subsection (b) or by subsections (c), (d), or (e), below. Response: The extent of the 100 year floodplain across this property is shown on the original 1041 site plan. It shows that the 100 year floodplain boundary encompasses approximately the western 1/3 of the lot. The designated building envelope was located outside of the floodplain, including the area where the existing house and driveway are located, and where the proposed addition will occur. The current application does not propose any development within the floodplain. (2) Within the 100 year floodplain, no use, fill, construction, excavation, embankment, or alteration on or over any portion of the floodplain shall be permitted that would result in any of the following: (a) The storage or processing of materials that in times of flooding are buoyant, flammable, explosive, or otherwise potentially injurious to human, animal or plant life. (b) The disposal of garbage or other solid waste materials. (c) The human occupation of structures, either fixed or mobile, permanent or temporary. (d) Substantial solid debris being carried downstream by flood waters. (e) Any obstruction which would impair the flow or storage capacity of a floodplain so as to cause foreseeable damage to others either within or outside of floodplain boundaries (f) A substantial increase in sedimentation or erosion. Sharman Site Plan Review Page 7 000009 (g) The infiltration of floodwaters into on -site water supply and wastewater disposal systems which would impair their functioning or pollute the stream. (h) Damage to or destruction of aquatic ecosystems, including but not limited to, wetlands and riparian habitat areas. Response: The proposed development does not involve any of the above - listed activities and will not cause any of the above - listed impacts. Sharman Site Plan Review Page 8 v00Ji0 D. Riparian and Wetland Areas and Buffers (Sec. 7- 20 -80) Section 7 -20 -80 (a)(2)(a) of the Land Use Code establishes the following requirement for new development: All activity and development after the 5th of July, 2006 shall maintain a riparian area/wetland buffer of at least one hundred (100) feet measured horizontally from the identifiable high water line of each feature identified in subsections ( a)(1)(a) and (b) above. This one hundred (100) foot setback may be reduced to between one hundred (100) feet and a minimum of fifty (50) feet upon demonstration by the applicant that such reduction shall not result in water quality degradation, stream bank erosion and /or a reduction in the quality of riparian or wetland habitat pursuant to standards in Section 7 -20 -80 (4). The designated building envelope for this lot was established in 2003, before this Code provision was enacted. At its closest point, this envelope is little more than 20' from the top of the stream bank. However, in the portion of the envelope where the addition to the house is now planned, development would occur in excess of 50' from the top of the stream bank. Section 7 -20 -80 (4) provides authority to the County to reduce the riparian setback from 100' to no less than 50' when a site specific analysis is provided demonstrating that there is no area on the property that can be used for development outside of the 100' setback without encroaching into steep slopes, geologic hazard areas, severe wildfire areas or wildlife habitat areas. This site specific demonstration was made for this lot in 2003 when the BOCC approved this envelope, finding that not doing so would be a taking. The applicant demonstrated that there were several conditions that limited development on this lot to solely the designated building envelope, as follows: ♦ There are existing easements for the common driveway and the waterline from the shared spring that limit the land that can be used for development. There is also a designated area on the plat for the leach field. ♦ There is a significant area of high quality wetlands vegetation and riparian wildlife habitat in the southwest corner of the property. ♦ There are slopes in excess of thirty percent below Capitol Creek Road. Since there are no other locations outside of the 100' setback in which to locate the addition, the applicants offer the following responses to the standards of Sec. 7 -20 -80 (4): Shannan Site Plan Review Page 9 9090011 1. Slopes adjacent to the protected features are less than thirty (30) percent. Response: There are no areas with slopes in excess of thirty (30) percent that are adjacent to the riparian habitat of Capitol Creek. The area that would be disturbed is essentially flat, as is the area between the envelope and the Creek. 2. Highly erodible soils or unstable stream bank conditions are not present. Response: Highly erodible soils or unstable stream bank conditions do not appear to be present within the stream setback area. 3. The proposed use of the property does not represent a special hazard to water quality or wetlands (e.g., storage or handling of hazardous or toxic materials). Response: The proposed addition will not pose a special hazard to water quality or to wetlands on the property. Any drainage from the garage will be routed towards the driveway and away from Capitol Creek to ensure there are no additional water quality impacts from stormwater. 4. The one hundred (100) year or intermediate regional flood zone does not encroach into the setback reduction requested. Response: The 100 year floodplain was used to establish the boundary of the envelope in the original 1041 application. The proposed addition would be located outside of the 100 year floodplain boundary. 5. Trees, shrubs, or other natural features that provide for stream bank stability, enhance wildlife or aquatic movement within a stream corridor, provide habitat enhancement for aquatic movements and riparian area protection do not exist, or will be unaffected by the proposed activity or development within the setback reduction being requested. Response: The area where the addition is planned appears to be essentially devoid of riparian vegetation or valued natural features. There are no trees within the area where the garage addition would occur. There are also no significant shrubs, bushes or other valued riparian plants present in this portion of the site. 6. Habitat for plant, animal or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service does not exist within the setback reduction being requested. Response: Habitat for federally - listed plant or animal species does not exist on this property. Sharman Site Plan Review Page 10 000012 7. Habitat for plant, animal or other wildlife species listed by the State of Colorado as rare, threatened, or endangered species of special concern, or species of undetermined status does not exist within the setback reduction being requested. Response: Habitat for State - listed plant or animal species does not exist on this property. 8. The area within the setback reduction being requested is not needed to prevent or minimize flood damage by preserving storm and flood water storage capacity. Response: The proposed addition would be located entirely outside of the 100 year floodplain boundary. 9. The area within the setback reduction being requested is not needed to protect fish spawning, breeding, nursery and feeding grounds. Response: There is not any area along this lot that has been identified by the CDOW as fish spawning, breeding, nursery or feeding grounds. 10. The area within the setback reduction being requested is not needed to preserve areas of special recreational, historical, archaeological, scenic or scientific interest. Response: None of the areas within the proposed setback reduction are classified as being of special recreational, historical, archaeological or scientific interest. In conclusion, the applicants believe that by limiting development to the previously designated envelope, the key riparian features on the property will be protected. These features include the area within the 100 year floodplain boundary of Capitol Creek, and the area of mature vegetation surrounding the spring and drainage channel on the lot. Both of these areas will remain undisturbed as a consequence of this application, preserving the features which are of the highest riparian value. Sharman Site Plan Review Page 11 000013 E. Scenic View Protection (Sec. 7 -20 -120) The applicants have designed an addition to the existing residence that is consistent with the community's desire to preserve the rural character of Pitkin County. Elevations have been prepared illustrating the proposed design and materials of the planned addition. The applicants believe that the existing residence is an attractive, small structure. The addition can best maintain this character by using similar design features and materials. Following are the applicants' responses to the County's scenic view protection 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. Response: The existing house is visible from Capitol Creek Road. However, due to the site's topography, which drops off from the road by 10' to 15', the lower level of the existing house is located below the elevation of the road. This tends to diminish the viewer's perception of the structure. The addition, which will be at this same elevation, will also not be a prominent structure along Capitol Creek Road because of this factor. With respect to screening, there is considerable existing scrub vegetation around the existing driveway, particularly in and around the existing leach field. This vegetation filters the views towards where the addition will be located. If the County determines it to be necessary, the applicants will augment this vegetation with indigenous species that are similar to the vegetation that naturally occurs in this area. 2. The proposed development shall avoid the location of structures within the Scenic View Protection Areas and shall avoid the location of structures within any Viewplane identified in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan, if possible. If location outside of the Scenic View Protection Area and defined viewplanes is not practicable, then the proposed development shall not be located on the highest ground or most visible portion of the site as viewed from those corridors listed above. Response: The lot is located along Capitol Creek Road so it is not possible to fully avoid the location of structures within the Scenic View Protection Areas. However, the proposed addition is not located on the highest ground or the most visible portion of the site. Instead it will be located below, and at the greatest distance from, the road (as limited by the requirement that it not protrude into the Capitol Creek riparian area). 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 above. This may include, but shall not be limited to, breaking the mass of the Sharman Site Plan Review Page 12 000014 building down into a series of smaller forms, articulation of the building facades to avoid a wall or row effect, and staggering rooflines to avoid a long unbroken plane. Response: Elevations have been provided showing the existing residence and the proposed addition. The mass of the existing building was successfully broken down by the use of a variety of different roof forms and building elements and shapes. The addition has been designed to match the successful approach of the existing structure and will use the same type of design and forms. It is important to recognize that the allowable floor area of this site has been limited to just 4,500 square feet as a condition of the original 1041 approval. The existing structure contains just 2,100 sq. ft. and the proposed addition would be approximately 1,600 sq. ft., for a total of approximately 3,700 sq. ft., which is less than is allowed on this lot by either underlying zoning or the prior approval. 4. The proposed structure shall be placed so that it does not project above a ridgeline such that a structure silhouettes against the sky when viewed from those corridors listed above, unless there are no alternate building sites on the lot or parcel. Response: The proposed structure will not penetrate a ridgeline and will not silhouette against the sky. 5. The proposed development shall be designed to compliment 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 compliment the natural form of the ridgeline so that it appears to be an element of the natural ridgeline. Response: The applicants plan to use natural materials or man made materials that have natural coloring that will match the materials used on the residence. The addition will have wood siding and timber beams. Roof materials will include wood and asphalt shingles and treated or stained metal to ensure low reflectivity. The base will have a stone veneer and cap that matches the existing materials. 6. The proposed development shall preserve natural vegetation and avoid development within irrigated meadows to the maximum extent practicable. Response: The addition has been sited to preserve all of the existing mature trees and all of the other significant native vegetation. The proposed development will not be located within an irrigated meadow. Sharman Site Plan Review Page 13 000015 7. The proposed development shall install utilities in locations and through procedures that minimize visual impacts to the maximum extent practicable. Response: Utilities are already in place to serve the existing residence. Any additional service lines that may be needed or may need to be extended will be installed underground, within the driveway or in combined trenches whenever practical. Any cuts required to extend utility service will be revegetated within one growing season after the utility installation is completed. 8. All satellite dishes in the proposed development shall be located to minimize visibility from those rights -of -way listed above and shall use earth tone colors and/or screening to minimize their visual impact. Response: The applicants will comply with these requirements. 9. The proposed development shall not utilize 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 the standards of this section. Where earth moving techniques are necessary, man -made forms should be undulating and natural in appearance. Response: Earth moving and berms are not proposed as the means of complying with these regulations. 10. In the Rural Area only, development shall be located so that activities and development occur in at least one of the locations specified in subsection (e) as they may apply to the particular property. Response: None of the locations specified in subsection (e) are particularly applicable to a small lot that is less than 2 acres in size. If the staff determines that this standard applies to this property, then the applicants would suggest that the proposed addition will be located behind an existing stand of scrub vegetation, which is one of the appropriate locations for development to occur. The structure will not interrupt or obscure that stand of vegetation but rather is located behind the vegetative screen. 11. The exterior of all development shall be built or painted with indigenous earth tone materials or colors. Response: The elevations demonstrate how the applicants will comply with this requirement. 12. 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 Sharman Site Plan Review Page 14 0 46Q16 reflection, with the exception of materials associated with solar or photovoltaic equipment. Response: The applicants will comply with this requirement. 13. 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 the survival of planted native species. Response: The applicants will comply with this requirement. 14. To the maximum extent practicable, roads and driveways shall be located to skirt the edge of avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening, a row of trees may be planted along the roads or driveways. To the maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid straight line corridors that are incongruous with the natural setting. Response: No changes are planned to the location of the existing driveway. Sharman Site Plan Review Page 75 000017 F. Landscaping and Vegetation Protection (Sec. 7 -20 -130) The applicants agree to submit a landscape plan in conjunction with the building permit application. The applicants' responses below describe the principles that will guide the preparation of the landscape plan. 1. Protection of Natural Vegetation. The applicants will preserve the natural vegetation on the site. The portion of the building envelope between the house and the existing shed, where the addition would occur, is remarkably free of significant natural vegetation. Therefore no trees or significant riparian vegetation will be removed as a result of the proposed development. The applicants will place construction fencing around the areas to be disturbed to ensure that development activities do not result in impacts to any of the surrounding natural riparian vegetation or to any of the mature trees on the lot. 2. Conformance With Wildfire Regulations. There is no conflict between the County's wildfire regulations and the requirement to protect natural vegetation on this site. 3. Berms. A berm is not proposed for this site. 4. Landscape Enclosures. Landscaping is not proposed to be used to enclose the boundary of the parcel. 5. Visibility Clearance. No landscaping is proposed where it would inhibit the visibility of drivers. 6. Utility Easements. Landscaping will not be installed over a utility easement. 7. Financial Security. The applicants request that no financial security be required for this project. 8. Maintenance. The applicants agree to maintain all installed landscaping in a healthy condition and to replace plants that do not survive. (c) Required Landscaping in Rural Areas 1. None of the purposes for which landscaping is required in the Rural Area apply to this proposal. 2. The applicants will plant indigenous species to screen or soften views towards the addition. Shrubs, trees and riparian species that are planted will be clustered into natural groupings and will not be installed in regularly spaced lines or rows. Sharman Site Plan Review Page 16 000013 G. DRIVEWAYS, PARKING AND UTILITIES (Sec. 7 -30 and 7 -50) The applicants do not plan any activities that would have significant impacts on the County's road network. The applicants will use the existing driveway that serves this lot, which also serves Lot 6 of the subdivision. No changes to this driveway are planned. The proposed two car garage will maintain the lot's compliance with the adopted County standard of 2 spaces per dwelling unit. There is a pull off area along the driveway, just beyond the property line (on Lot 6), which the Fire Department has determined can be used by emergency vehicles to safely turn around within the property. Fire Department vehicles could also choose to serve the house and addition from Capitol Creek Road, since the distance to the house from the road is less than 150', making it possible for fire hoses to span this distance. Utilities needed to serve the property, including electricity and telephone service, are already in place. Sewage disposal will occur on -site, using the existing septic system, which was planned to accommodate a 1 bedroom addition. Sharman Site Plan Review Page 17 HOW 9 EXHIBITS 0100020 EXHIBIT #1 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: , at 8:00 a.m. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's Ann Lieberthal Living Trust (b) A.L.T.A. Loan Order Number: 942165 Title Officer: Amount of Insurance: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: James William Sharman Jr. and Kathleen Riley Sharman 5. The land referred to in this Commitment is described as follows: Lot 4 CAPITOL WOODS SUBDIVISION, FILING NO. 1, according to the Plat thereof recorded September 27, 1972 in Plat Book 4 at Page 288 as Reception No. 154281. COUNTY OF PITKIN, STATE OF COLORADO Purported Address: 201 Capitol Creek Road Snowmass, Colorado 81654 Statement of Charges: These charges are due and payable before a Policy can be issued: Base Rate 2006 Owner's Policy: $3327.00 Owner's Extended Coverage: $150.00 Tax Certificate: Included 000021 COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 942165 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded in Book 55 at Page 321 as Reception No. 88215, and in Book 175 at Page 144 11. The Snowmass Project as evidenced by the maps thereof filed in Plat Book 3 at Page 104 12. Rights of way, if any, for Williams Ditches 1, 2, 4 and 5, the Little Elk Creek Ditch and the Boram and White Ditch. 13. Easement for a pipeline and rights in and to a spring located on the subject property as evidenced in instrument recorded in Book 243 at Page 274 as Reception No. 137019. 14. Capitol Woods Subdivision Filing No. 1, Declaration of Restrictive Covenants recorded September 27, 1972 in Book 267 at Page 277 as Reception No. 154280. 000C,22 15. Easements to Holy Cross Electric Association, Inc. as set forth in instrument recorded June 25, 1973 in Book 277 at Page 221 as Reception No. 160584, and recorded October 5, 1971 in Book 258 at Page 367 and recorded August 12, 1980 in Book 392 at Page 939 16. Easement and right of way in instrument recorded in Book 392 at Page 751 17. Easements for utilities, private road, leach field, water line, Spring Well No. 2 and County Disclaimer and Note as set forth on Plat of Capitol Woods Subdivision recorded September 27, 1972 in Plat Book 4 at Page 288 as Reception No. 154281. NOTE: Portions of said easements are affected by Relinquishment of Easement documents recorded April 10, 1987 in Book 533 at Pa e� as Reception No. 287625, and recorded in Book 533 at Page 283 as Reception No. 287626, and recorded April 10, 1987 in Book 533 at Page 286 as Reception No. 287629, and recorded in Book 533 at Page 285 as Reception No. 287628, and by the Vacation of Easement recorded May 21, 1996 as Reception No 392877 18. All matters shown on the Plat of McKenney 1041 Hazard Review Site Plan recorded September 22, 2003 in Book 67 at Page 41 as Reception No. 488704. 19. Resolution of the Board of County Commissioners of Pitkin County, Colorado, Filing a Taking and Remediating the Taking for the McKenney 1041 Hazard Review and Conceptual Submission recorded August 27, 2003 as Reception No. 487540 20. Determination of the Hearing Officer of the Community Development Department Denying the McKenney 1041 Hazard Review and Conceptual Submissions recorded June 26, 2003 as Reception No. 484576. 21. All maters shown on the Sharman Site Plan recorded August 28, 2007 in Plat Book 84 at Pape 85 . 22. Easement Agreement for Driveway recorded July 2, 2009 as Reception No. 560518 000023 EXHIBIT #2 Ms. Suzanne Wolff, Senior Planner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: SHARMAN SITE PLAN REVIEW Dear Suzanne, I am the owner of Lot 4, Capitol Woods Subdivision, located at 201 Capitol Creek Road, Snowmass, CO 81654. 1 hereby authorize Alan Richman Planning Services to act as my designated representative with respect to the land use application being submitted to your office for this property. Mr. Richman is authorized to submit a site plan application for this property and is authorized to represent me in meetings with Pitkin County staff and the County's review bodies. Should you have any need to contact me during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the application. Sincerely, James William Sharman Jr. 2820 Ferndale Street Houston, TX 77098 000024 EXHIBIT #3 PITKIN COUNTY PRE- APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: 9/1/2010 PHONE: (970) 920 -5093 E -MAIL: suzannew(fto.pitkin.co.us LOCATION: 201 Capitol Creek Road; Lot 4, Capitol Woods Subdivision PID# 264503201004 APPLICANT: Bill Sharman PHONE: 713 -409 -6300 EMAIL: jws @lancaster.com Type of Application: Site Plan Review Description of Project/Development: The Applicant proposes to construct a garage /addition to the existing residence on a parcel with a designated building envelope (BOCC Resolution No. 105 -2003; Plat Book 67, Page 41). Approval of the site plan will confer a 3 year vested right. Land Use Code Sections to be addressed in letter of request (application): • 2- 30- 20(g): Site Plan Criteria for Approval • 7- 10 -50: Site Plan • 7- 20 -10: Site Preparation and Grading • 7- 20 -30: Water Courses and Drainage • 7- 20-40: Floodplain • 7- 20 -80: River and Stream Corridors and Wetlands, reduction of setback to less than 100' • 7 -20 -120: Scenic View Protection Areas • 7 -20 -130: Landscaping and Vegetation Protection • 7 -30: Roads, Driveways and Parking • 7 -50: Public Services and Utilities particularly 7- 20- 80(a)(2)(a) and (a)(4) regarding Review by: Community Development Director Public Hearing: NO. However, notice is required via posting, mailing and publication. 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 certified mail) to all owners within 300' of the property and mineral estate owners 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 Development Department. Staff will refer the application to the following agencies: Basalt Fire District, Snowmass /Capitol Caucus FEES: $1,639 (make check payable to " Pitkin County Treasurer') • $1,560 Planning Office flat fee (non - refundable; based on 5 hours of staff time. If staff review time exceeds 6 hours, the Applicant will be charged for additional time above 5 hours at a rate of $312 1hour) • $54 Public Notice Fee 0105525 $25 Clerk Technology Fee To apply, submit 1 copy of the following information: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above; 2. 24" by 36" and 11" x 17" Site Plan as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 3. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Application Manual 4. Engineering report addressing road design, water supply, wastewater disposal and other utilities and public services. 5. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 6. Street address (if any) and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County; 7. Consent from the owner of the property for the representative to process the application and represent the owner; 8. List of all property owners within 300' and mineral estate owners (1 copy). 9. Total fee for review of the application; 10. Signed fee agreement (form attached); 11. Copy of this preapp form NOTES ➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. THE PARCEL ID # SHOULD BE INCLUDED 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 based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. ➢ The Land Use Code is available on -line at County Code • The Land Use Application manual is available on -line at http:// www. aspenpitkin. com/ Portals /0/ docs lcountvlCom %20DevIPlanninn /land use application man ual.pdf • Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2- 20-100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. C0n - 5 o,� !c EXHIBIT #4 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, FINDING A TAKING AND REMEDIATING THE TAKING FOR THE MCKENNEY 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION Resolution No. L 2003 RECITALS Nancy Haywood McKenney ( "Applicant's applied to the Pitkin County Hearing Officer for 1041 Hazard Review and Conceptual Submission to establish a building envelope for the construction of a single - family residence. 2. The parcel is located on the north side of Capitol Creek Road, and is more specifically described as Lot 4, Capitol Woods Subdivision. 3. The property is zoned R -30 and contains approximately 1.27 acres. 4. The Hearing Officer denied the request at a public hearing on June 17, 2003, pursuant to Determination No. 21 -2003. The Hearing Officer found that the building envelope cannot be established without impacting riparian habitat and wetland areas. The Hearing Officer also found that development is prohibited in riparian habitat and wetland areas pursuant to Section 3 -80 -080 (G) of the Pitkin County Land Use Code. 5. The Applicant submitted a request for a takings determination pursuant to Sections 3 -290, 4 -150 and 5 -220 of the Land Use Code on June 23, 2003 and June 25, 2003 to determine whether the Hearing Officer's denial of the application constitutes a taking of private property without just compensation. 6. The BOCC considered the takings request at a regular meeting on July 9, 2003, at which time the BOCC continued the request to July 23, 2003. The BOCC considered the takings request at a regular meeting on July 23, 2003, at which time further evidence and testimony were presented with respect to the taking. 7. The BOCC determined that a taking had occurred pursuant to Sections 3 -290 and 4 -150 of the Code, based on the following findings: A. There is no way to establish a building envelope without impacting riparian habitat and wetland areas; B. The denial constitutes a taking of all reasonable use and economic return from th subject property. The BOCC considered the remediation at a regular meeting on August 13, 2003, at which time conditions of approval were accepted for development on the property. NOW, THEREFORE, BE IT RESOLVED by the BOCC that the denial of the McKenney 1041 Hazard Review and Conceptual Submission constitutes a taking pursuant to Sections 3 -290 and 4- 150 of the Pitkin County Land Use Code. 0 000 2 7 i ��II�I �I{III III�IN COY �II� III I�I�I II� 1��I 0 487540 2 :21P 00 Resolution No. - - 2003 Page 2 BE IT FURTHER RESOLVED by the BOCC that it does hereby remediate the taking by granting approval of the McKenney 1041 Hazard Review and Conceptual Submission subject to the following conditions, which shall ran with the land and be binding on all successors in interest: I . The Applicant shall adhere to all material representations made in the application and public meetings. 2. Prior to submittal of any building permit applications, the Applicant shall record a 24 x 36 inch mylar 1041 Hazard Review Site Plan in accordance to Section 5 -70 -040 of the Land Use Code. The site plan shall also be submitted in a digital format for integration into the County Geographic Information System (GIS). 3. The Applicant shall obtain an access permit from the Pitkin County Engineer prior to building permit submission. 4. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building [and/or] development envelope except for access and wildfire mitigation. Construction, staging, parking, utility and driveway extension and maintenance shall occur within approved building, or access driveway. 5. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the structure. C. For a distance of 10 feet around all structures establish and maintain vegetation at 6 inches or less. Woody vegetation should not be planted and flammable material should not be stored within this perimeter. D. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall I be from the edges of the crowns of the fuel. E. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. F. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. G. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. H. The density of fuels within a 100 foot perimeter of the structure shall be reduced. 1. All deadfall within the 100 foot perimeter shall be removed. J. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 6. The applicant shall comply with the following additional wildfire mitigation standards: lIIII IIII IIIICI IIIIIIIII e of 1111111111 lilt 0 z / 2M 02:21P SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00 ®00028 Q Resolution No. /Qjr 2003 Page 3 A. Roofing: New roofs shall have a class A roof covering or a class A assembly roof system. Wood shake /shingle roof coverings and flat roofs (up to a 3:12) pitch are prohibited. B. Vents shall be screened with corrosive resistant wire mesh with mesh V4 inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. H. Swimming pools shall be accessible to Fire Department vehicles. 1. Fences *shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above- ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire - resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. O. Addresses shall be clearly marked with 2 in_ ch non - combustible letters and shall be visible and installed on a non - combustible post. P. New utility lines shall be buried. 7. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion. 8. The Applicant shall comply with the mitigation standards for development on steep slopes: A. Adequate mechanical support shall be provided for cut slopes. B. Adding water, which may decrease slope stability, shall be avoided. C. Adding weight to the top of the slope shall be avoided. D. Disturbed slopes must be contoured so that they can be revegetated. E. Steepening of existing slopes shall be avoided. F. Confine cuts, fills grading and excavation to the minimum area needed or construction. 9. Prior to the issuance of any building permits, the Applicant shall obtain a septic permit from the Environmental Health Department. All sewage disposal systems must be designed by a registered professional engineer. Sewage disposal system shall be located within the approved ISDS development envelope. 10. Prior to the issuance of septic system permits, the Applicant shall provide documentation of an adequate domestic water supply on the property. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. 1 1. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing and silt fencing around the II�IIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 08750 2:Zto 3 0 000029 .era Resolution No.&_�'-2003 Page 4 Perimeter of the building envelope. The fencing shall remain in place until issuance of certificate of occupancy. 12. A firePlace/woodstove application must be filed and approved by the Community Development Department prior to the issuance of a building permit. 13. The Applicant shall submit a Drainage and Erosion Control Plan to the County Engineer for review and approval, prior to the submittal for any building permits. The plan shall address the management of runoff during construction and after construction is complete. 14. At the time of building permit application submittal, the Applicant shall submit, for review and approval by the County Engineer, a Construction Management Plan in accordance to the Asset Management Plan. The Construction Management Plan shall indicate that vehicles associated with construction (i.e. employee traffic, construction vehicles, staging and deliveries) shall not violate County Law, such as parking on County rights -of -way. 15. Lighting shall comply with the Pitkin County lighting standards at the time of installation. 16. The applicant must comply with all of the General Wildlife Standards as described in §3- 80.80(A) of the Land Use Code. A. No riparian or wetland vegetation shall be damaged or removed outside the approved envelope as per Section 3- 80.80(G)(3) of the Land Use Code. Any wetlands or riparian vegetation removed, filled, or otherwise damaged without prior approval must be mitigated at a ratio of 2:1 according to a professional mitigation plan submitted to and approved by the County. B. If no practicable alternative is possible, wetlands and riparian habitat lost to development must be mitigated at a 2:1 ratio according to a mitigation plan submitted by the Applicant and approved by the County prior to issuance of a certificate of occupancy. This plan must contain the following elements: a. The name of the project; b. The name, address and phone number of-the person preparing the Revegetation Plan; C. The name, address and phone number of the person(s) responsible for executing the plan; d. If applicable, the availability of irrigation water and, if available, the amount of water, the name of the ditch company and the method of delivering water to the site; e. A brief narrative describing the planting and seeding methods; f A description by common and scientific name of the species of plants to be used, seed ratios and source, and container size or caliper measurement of plants to be installed; g. A drawing of the site with the location of plants to be installed shown clearly. C. The Applicant shall install and use approved bear-proof containers as required by the 2001 Wildlife Protection Ordinance. D. Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed 48 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between two of the rails. Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. U s 1 U t.` © I I��III ��III ��I�I� III�II I�� III�III �IIII III I�III III I'�� 0 8/27120 33 02:21P Resolution No. /QS -2003 Page 5 E. Fruit - bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in this area. 17. Development in the 100 year floodplain of Capitol Creek is prohibited. 18. Floor area shall be limited to 4,500 square feet as calculated at time of building permit submittal. The maximum building footprint shall not exceed 2,800 square feet. 19. Pursuant to Ordinance No. 022 -2000, the Applicant is subject to the Fair Share Requirements and shall pay a road impact fee as calculated at the time of building permit issuance. 20. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property. 21. 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 August 13, 2006. O 8//2712M 02:21P 000031 Resolution No. /OS 2003 Page 6 TAE]NGS REMEDIATION APPROVED AND ADOPTED ON THE 13 DAY OF AUGUST 2003. VESTED RIGHTS NOTICE PUBLISHED ON THE Id DAY Oyu 2003. BOARD OF COUNTY CONMSSIONERS OF PITKIN COUNTY, COLORADO I atfieK Chairman Date: APPROVED AS TO CONTENT: CiMy ouben, Cif Community Development Director I��III �IIII ��I�I� II��II I�I III�III D 08127/2 0 e2.21 P 0 03032 Case #PO43 -03 264503201004 Pltk,n County Environmental Health Departrr ant EXHIBIT #5 Pori for an Individual Sewage Disposal S am 0405 Castle Creek Road, Suite 10, Aspen, Colorado b1811 Phone 970 - 920 - 5070 / FAX 970 - 920 -5077 Permit# 04002 Parcel ID # 2645- 032 -01 -004 Type of permit New(X) Repair( ) Addition /Remodel to House( ) Name of Owner Mr. & Mrs. J. William Sharman Street Address 201 Capitol Creek Road, Snowmass, CO Property legal description Lot 4, Capitol Woods Size of lot 1.3 acres Total square footage of the house 1992 Water source Private well # of bedrooms in house 3 # of offices, lofts & similar sized rooms in house Caretaker unit Lot 6 Total square footage of the caretaker unit # of bedrooms in caretaker unit # of offices, lofts & similar sized rooms in caretaker unit _ Designed for what # rooms (list) 3 bedrooms + 1 bdrm in proposed CDU for lot 6 (document easement) - 40drms Permit information Designed by Sopris Engineering Mailing Address 502 Main Street, Suite A3, Carbondale, CO 81623 Perc rate N/a Profile hole depth 7 ft Depth to groundwater or bedrock 10103 6 ft groundwater Minimum Septic tank capacity 1312 gallons Minimum Absorption area 1105 sq ft. Septic permit approved per compliance with the engineer design and specifications dated August 26, 2003. Any changes must be approved by this department and the design engineer prior to them being made. Minimum horizontal distances between components of the system and physical features shall conform to the Pitkin County ISDS regulations. There must be a minimum 104 foot separation between the field and any drinking water sources in the area (wells and spring). Prior to any installation, groundwater levels during a time of high runoff (late spring /early summer) must be done In the area of the absorption beds. This department must be called to confirm groundwater levels. This system will consist of one 1500 gallon, two- compartment tank with a pump in the second compartment. 2 sand filter beds will be constructed per details on the engineer design pending confirmation of high groundwater levels. The sand must conform to the Intent of Section 12 -6 of the Pitkin County ISDS regulations and an Invoice to document the sand material must be submitted. This department does not endorse any brand of products. This permit must be kept on -site during Installation. The engineer must do a final inspection of the installation and submit an as -built letter to this department. This department must also be called for an inspection with a minimum of 48 hours advanced notice. Permit approved by: � , l [,( ( (4 L `I) C'.IL Date: t < Plans and specifications of the proposed Individual sewage disposal system have been reviewed and are considered satisfactory. Permission Is hereby granted to the owner or the agent to perform the work indicated in accordance with the Pitkin County ISDS Regulation in effect at the time of Issue. This permit becomes invalid 6 months from the date that the permit was issued unless system construction has commenced or an extension has been approved in writing by the Department. As drawings must be Included with this permit before the final approval will be Issued. Installer: ( II //,, ( (� � �. Final pprovai: l Lct� LV X , t Date: QL ODu0; ;3 H I� y p p i 12pl, \ Q \ \ a, ,a i 9 \ It i�� 9d a i dE�9 i9�[i P A - XXX ago @ X $$8 � � 3 jX ; 1 p d6 aq a i� Bi�X p! = 0ai ��i S 3 � �� �dl § �iE IiPX - A e€ 4n 4 i it X` X �$ pp �64 X9 �� dad � gg �Xi�t6 � �€ ax � 0 X96 Xd £ i €gAles 0 • SE !k xaA�?1P @ g y 9s6 y y g pp 9 s y j e �j s d i'i � d a'bii jig! g( a f XXEii g $ MINN � ji� �•,� �% �� ��YJ a eat 9KE - isi la€ R A 00003 SSC e 5$$f 6 S�fpy@ x a • $ l a 4 � 'Xi xC 5s ilEd aP ggas s A a a � " F E 3 : 47 @ WIF1a ?PR �a" 0 a j FF @@ y A (X R ai pp R i ;iii° 2 3 F a d0� X g a c R F I ' _ a i X ry . F a 4 3d m gg i d 8 pR � SX69i d £ g i 54 € i/ s i di, all i X6i .1 3 3 X! �,$� 4p4imqpol.pi q I 'll c XS i�q f i l l 6 q !g iga EAAi i Yf� a,�dg¢¢g¢ i g 9 g l; id � iF d � B e $Fw d �aaF q • X pp b 6� i li aF X � 0 a F g6xp'iy0ppb f aS 3' g as � 6 ' i Aa F 00003 EXHIBIT #6 Water Engineers, Inc. 818 Colorado Ave. P 0. 5m 119 Gef-vdo o Spnngs, Colorado 81602 (9701945 -7755 TEL 1970) 945 -9210 FAX 130 DEWER DIRECT LINE Via Regular Mail Ms. Nancy McKenney c/o Mt. Daly Enterprises, LLC Post Office Box 1537 Basalt, Colorado 81621 February 11, 2002 2002 Re: 100 -Year Floodplain Delineation for Lot 4, Capitol Woods Subdivision Dear Nancy: Wriaht Water Engineers, Inc. (WWE) has completed an evaluation of the 100 -year floodplain on Lot 4 of the Capitol Woods Subdivision in Pitkin County. The Federal Emergency Management Agency (FEMA) has previously evaluated the regulatory floodplain for reach of Capitol Creek encompassing the site using approximate methods. The Flood Insurance Rate Map that includes the property is identified as 08097CO066C of unincorporated Pitkin County with an effective date of June 4. 1987 (Attachment A). WWE met with the surveyor. Louis Buettner, and Susan Umbarger of Mt. Daly Enterprises on November 21. 2001 to observe the site conditions and to locate the cross sections to be surveyed. WWE received the survey data on January 16, 2002. The survey information also included 2- foot contours within the property boundary. Photographs taken during the site visit are included as Attachment B. Hydrologic Evaluation Capitol Creek has not been gaged by the U.S. Geological Survey (USGS). Therefore, flood Ilm�s were estimated using peak flow measurements from nearby basins with similar drainage areas. The drainage basin tributary to the subject property was delineated on 1:100.000 scale USGS mapping (Figure 1) and has an area of 34.1 square miles. USGS gaging stations were maintained on Castle Creek and Maroon Creek for 25 years. between 1970 and 1994. Statistical analyses were conducted on these gage data to derive the unit runoff for the 100 -year storm event, which ranged from 19.0 to 25.9 cfs per square mile. Applying the upper value to the Capitol Creek basin. the 100 -year peak flow estimate is 883 cfs. The details of the hydrologic evaluation are included in Attachment C. The flow estimate for Capitol Creek is likely conservative since the peak flow is generated during snoNNTnelt runoff and the nearby drainages receive more precipitation. 500[135 Ms. Nancy McKenney February 11, 2002 Page 2 Hydraulic Analysis WWE input the surveyed cross sections and the results of hydrologic evaluation into the U.S. Army Corps of Engineers HEC -RAS hydraulic model. HEC -RAS is the industry standard model for conducting riverine hydraulic analyses. The results of the hydraulic model show the water surface to be at critical depth throughout the study reach of Capitol Creek (Attachment D). The water surface elevations obtained from the HEC -RAS model were used to delineate the 100 - year floodplain on the subject property (Figure 2). Since detailed topography was only available on the property, the floodplain delineation was truncated at the property boundaries. The delineation shows that most of the property between Capitol Creek and the previously delineated wetlands is included in the regulatory floodplain. Very truly yours, WRIGHT WATER ENGINURS, INC. M an M. Kell Resources Attachments C. \Prnjcctt \011- 13M000jmk \Rcpnr duc 090036 EXHIBIT #7 LIST OF OWNERS WITHIN 300' OF SUBJECT PROPERTY Peter & Ellen Itzler 1421 SE 4th Ave., #A Fort Lauderdale, FL 33316 James Moser Rev. Trust 114 Jackson Street Omaha, NE 68102 Julian & Elizabeth Mellette 10000 E. Yale Avenue, #32 Denver, CO 80231 Edward Flanigan 15375 Barranca, F -104 Irvine, CA 92618 Christina & Grant Sharp 37 Starlit Lane Snowmass, CO 81654 Kevin & Stephanie Heinecken 7030 E. Sopris Creek Road Snowmass, CO 81654 Stuart & Geraldine Edgerly 1765 Snowmass Creek Road Snowmass, CO 81654 James & Chelsea Brundige 1755 Snowmass Creek Road Snowmass, CO 81654 John W. Wilkie 7035 E. Sopris Creek Road Snowmass, CO 81654 Lazy O Ranch HOA P.O. Box 654 Snowmass, CO 81654 O00037 MAPS AND DRAWINGS 00,0033 l 4 0 u 6m a $ t ,V/11moh 1 ■ � z 10 7 O i 'm3 m N G1 an w 4q � N ANN 2 O m m ? � m )•:' wit �,.— S ° I VICINITY MAP LOT 5/' / A . .py R1] GDP NHYA. / j N1.pwp �.�DRIALWAY AI �� OrEDE G 11 / / LOT 6 SHED To BE REM Y 1 \) / I LOT 3 MI TANY —.k ARMEARY IN V� " - -'RIP N8 55.09 & 7 "E ' M I ��_ Wmoo.' \ " L ® v D',ee= Iso' S5�9 T IN 0 0 . DTM,Y 1 - 17 I S�D� OS / �� / % � ry j � / / •. �, - / OA P we ��- / Ge LOT 4 / 1.26 ACf EA I , 5 P / J �S LOOT .eu p / f / / -- � NN . PM L AS EME NT PEBM A" C D AL 50 C S UL 1 1 C. 1 M D 10 20 w " = 20' -0" LOT 2 0 LINE_ TABL _ Lam LENGTH _ _ BEARING �ti'J ^ N ^ ] eeY1' OTW' ]v2 - _s e4WN 1 / CURVE TABLE RADUS _ cuRVE LENGT TANGEN�g1oFO HARwc oELrn - n IP SS 93S 4e` WW 1 33]0]' U1 SO 1 i / PERM LIU 000040 1 / Owner: James William Sharman Kathleen Riley Sharman SHARMAN SITE PLAN 201 CAPITOL CREEK ROAD, SNOWMASS, COLORADO LOT 4, CAPITOL WOODS SUBDIMSION, FILING NO. 1 PARCEL ID 111 2645 — 032 — Ot — 004 NOTES 1) .. DESLIXFMW: LOT 4 CAPL BASES SUw NSax. FUNG NO 1, ACCORDING TO ME vuT THEREOF REWgom S %R n, 1.1 x PIT Pfd A AT PACE 1e5 AS RECEFAnox NO SA3B1 IN .1 EOUNT` OF PITS., STATE BF COLORADO 5) BAe&I s CM B 15/ A M. MEFypdyHTOIgDFLyS pTpyWmWn L AND A FWHD FEB P AND ALU CM _S$ %CS ALSO ALOxo M 9 UMpLY e1CPEPTY UNE. Z SURVEY DOES NO EMSMUTE A TTF SEARCH BY ME SUPYEIOR TTIE SIEWAPi TTE OF A". U SPiX. INC MEA NO BASEST BASED ,2 RD XED BY A)'I . AWRESS IS .1 cARML ERE. LOAD 5) OVERHEAD TRANSMISSIGN U,fS SUBJECT To AN EAL SEMNT IS 15 MI PEINO 15 SEE! MNIU eff Or C.ER TUNE AS DESCRIED IN BOOK ME AT PAZ MY n ME SAMING N9L p LOCATION EASELAI IN LOT A AND ME APPURTENANT MATWNE GSWENT 1N LOTS 4 AND S ARS CSTAaISHm EM ME USE AND BENEMT " LOTS R. 5. AND P. ME PEPTIC TANK EASEMe1T IX LOT R 410 ME ISAEH W EASEMENT N LOT A ARE ESTABLISHED NR ME USE AND WIERT Z LOTS 4 ME S AS STATED ON ME CAPITOL KKOS WSBAMON PUT IN BOOK 4 AT PAC£ 2" Clt >TME 1M YEAR ROOD PLAN SOUREST ,NEST AND AIDS SCUNDRY AS EXCMN E MC ENIEY 1041 HA]APD RENEM SITE PLURAL IN INI G7 AT PACE 41 MERE NOT LOCATED BY ME SURVEYOR MY THIS MM L ME DRAPAY DEMAND LOT a AS SHOW ON Ma DOES DD NOT FELLOW ME TIEII PRVATE ROAD EASEMENT RHO NO OTHER EASEMENT FA EGRESS OR TES WAS MCUI IN ME IITS INFORMATION AS STATED IN NOTE S S) ME SULDNO MVELOPE S PURN NOBODY WAS SCALD HMM ME MORENXY 1041 HAZAID RENEW ME PUN N PLAT MOCK el AT PAZ n SAID .`hlZE HAS NO OMEx9MS AND IS NOT LOCATABLE DUMB MSCxr uWXr s slPVE 2 uIg AC i EI B U A PP[RiY P7vi2 oN 11/RB�NO r PREPARED Br LEGEND • INDICATES FOUND MONUMENT AS OmE @MD CPC giAN. PUWC CAM roc mwW PURSUE CAP Lc A LUMINUM CAM YI D IRC eMET m+ PoMEP MILE IIOT TELEPHONE PoyP - - -OM1O— OVERHEAD UTILITY LADE ® CISTEI. U., ® MAI ® 4PTE MANNDIB THIS SITE PLAN HAS BEEN REVIEWED AND APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR THIS DAY OF 2011. PURSUANT TO ADMINISTRATIVE DECISION NO. RECORDED AS RECEPTION NO. CINDY HOUBEN, PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR THIS SITE PLAN HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO ON THIS DAY OF 2011 IN PLAT BOOK AT PAGE AS RECEPTION NO. PITKIN COUNTY CLERK AND RECORDER OWNER(S) ACKNOWLEDGEMENT Applicant acknowledges that they he" bean notified by Piton County of the szlstence of enmronmental hazard areas that might effect the property and any Improvements and the use end occupancy thereof. The Pmrslonsof the Pgkin County regulations do not In any way assure or imply that the areas outside of designated hazard areas will be free from hazards or that approved mitigagon measures will guarantee the safely of the property 000041 Y ,r rF N, IV ^i I w raw s I I+fw Ilh` f / ­F e . v2 r n, w.,.f" w. i< Ilu G::f J^fA yr J\ ITT All uI L IT 1 _ �' II II I 1k ?F rn IF IL .11 —r h I t v� nql G PN Ni. 10'k [%.IXNG F0` F`I"I` - 2,L - , 5.F T I P3: / 7 a' S 1 , / Aq' L rvrn' 1 -.. fs. 0 y x G I ti Y c. — < Ail At ^: IInIII L v / -?. •n.li ll J(qf- E�151�u A %C�IOViNE'PV_ ', 0161F1 P, �A 2 1,_4 r 10'k [%.IXNG F0` F`I"I` - 2,L - , 5.F T I P3: / 7 a' I � V \ _ �y 1 C []I W 11 \ f 1 •g..x •- 3 A \ Y i 76 -C' S / Aq' L rvrn' 1 -.. fs. 0 y x G I I � V \ _ �y 1 C []I W 11 \ f 1 •g..x •- 3 A \ Y i 76 -C' JLkNC' - N' /d S 5 N' aon o«�.� na.' ssne . 11esr uoi n,a elal. fel V V:3 8916 faa V10 V:3 B91 I a , z , m a 'euss<'�w .e wf � mrar. CAPITOL CREEK RESIDENCE 201 Coallol Creek Road Snowmaaa, Colorado MAIN FLOOV n LAl ivE wR WNM3 r/ A2.1 / Aq' L rvrn' 1 -.. fs. G I Y < Ail IInIII L JLkNC' - N' /d S 5 N' aon o«�.� na.' ssne . 11esr uoi n,a elal. fel V V:3 8916 faa V10 V:3 B91 I a , z , m a 'euss<'�w .e wf � mrar. CAPITOL CREEK RESIDENCE 201 Coallol Creek Road Snowmaaa, Colorado MAIN FLOOV n LAl ivE wR WNM3 r/ A2.1 / G I v / - 7,1 -0'l / q'.rn' =' JLkNC' - N' /d S 5 N' aon o«�.� na.' ssne . 11esr uoi n,a elal. fel V V:3 8916 faa V10 V:3 B91 I a , z , m a 'euss<'�w .e wf � mrar. CAPITOL CREEK RESIDENCE 201 Coallol Creek Road Snowmaaa, Colorado MAIN FLOOV n LAl ivE wR WNM3 r/ A2.1 000042 A5, �1 � ❑ i FJ� P4R(Y,q^ . t Wi ea ws %v eFnuna: 1 r:"t'1"• H a F.. _�� :Ibl fR "' ?91A � Ie pl Z� ) / t V I AWTIV,!V VV CCN; 2lkiCN CCNS'Y�k:fCP: c1gO "E. Z L 1 „! p[v, al1¢[ Foh SSOM1 r rl le s[ [IC ra 3161, 970 3906 0 3 faa ci0 p 8c08 1: V.1: WhTYi. RCµ. :C YNU rv..�0 ti DAk 11 ' 1 Yr Al 1' CAPITOL CREEK / RESIDENCE / / 201 Capitol Cuak Road / Snowmads, Colorado LPIQFP P.CCI'. PLA ", / 3 _ / A ` u wn� 1 A2.2 C — 1J. Ilk, 4" 'N" � t'a✓1r'ak n+. � 01 'N -r A' Aa_'r `e<I Aal - sus s.o "M -xe W.- x9. ssnx �19s< W V 010 70 0 ' O , B 1615 1 0 93J 89A6 fee »0 93'. 1918 1551 CAPITOL CREEK RESIDENCE 101 C.,[W Crwk Road Snowmoss. Colorado xdkM_ 4if GnF �T• lk NWI.f, A2.3 A A41 � 3 11�46 fol sill 1� 11�4 'r, V tl9 I — I l i / r rva u VAF El + 14 ' GC 11 11 c -11 -- - - - - -- CAPITOL CREEK — — — — APl 0'15TL� 1 V A > EAS C -'j\ C0'6f?,Cfl0N A5J 11 PK Anl A41 201 Cap;tol Crook Road ' GC CAPITOL CREEK —71 RESIDENCE 201 Cap;tol Crook Road Snowmass, Colorado e l� I II -- — — — — — — — — -- tin Eln A3.1 0 JU044 1000045 A 6�♦ �� a�1 All NSiFli1 "GP. CG'IoL,, _ T \ k' I ELI TE l, 1 I 1 I I I 1 - 1 A 6 i unN anc o w:,ro :I coN <n'ur'GN ���srFU.r��� ♦ i ♦ p:rol�t'. �\ N,CSr ELE'dAry J ck'EEk �a I r I I - I f — .. — T = 'I - -` L - E I% r1 0111 W s IX - -- qd� i.l vio v¢� Avaa �.. aio a1� evae 551,E CAPITOL CREEK RESIDENCE 301 C.,if.1 Creek Read SnowI,m. Colorado NE5r s 5?I, d da E�E su M1 19Ya� LI A3.2 C r' p4s1 vff— b- SSGM1 v Vl luyc ola m a d A1615 tcl 9]4 43l 89118 9 .9 fer. 9'IG 93J 000046 t. tl iLM1 n •m ~ L _--- - - - - -� T _ � < A4 1 4 � �p055 Y',: ICN L�C!:I4,u 7i1U "Y A� > 3� n� 44 II �tLL „ta r A CVrDS 4tPCk .5006 NGK`Y J A D, " 2 4G I CAPITOL RE �I �T r - — 201 Capitol Creek Road Snowmas , Colorado 1 T I I eCXi I II _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -_ _ _ _ _ _ _ - -- �-- -- ----- ---- --Z - -- _---- _---- - - -_ -- ;;v WPM'v A 3 6 Z A4.1 U, rte. �- ' A4 .G���ana�lnw ;�cnCn �ocKi�as 19 ^�s� PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and James William Sharman Jr. (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to COUNTY an application for Site Plan Review (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pi unty Ordinance No. 022 -2006 establishes a fee structure for land use applications and the paymen ll processing fees is a condition precedent to a determination of application completeness. The fee s is based on the County's policy that development shall pay, in full, the cost of development review 1 Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $1,639 which is based on 5 hours of staff time. 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 APPLICANT Cindy Houben Community Development Director James William Sf O1an J Print Name Z' Signature r f / I9 / Date: 1 wl I Mailing Address: 2820 Ferndale Street Houston, TX 77098 mn- 041 PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on May 16, 2011, the Pitkin County Community Development Director granted approval for the Approving the Sharman Site Plan Review (Case P002 -11; Deter. #35- 2011). The property is located at 0201 Capitol Creek Road and is legally described as Lot 4, Capitol Woods Subdivision. The State Parcel Identification Number for the property is 2645- 032 -01 -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 JUNE 5, 2011. PUBLIC NOTICE RE: Sharman Site Plan Review (Case P002 -11) NOTICE IS HEREBY GIVEN that an application has been submitted by James and Kathleen Sharman (2820 Ferndale Street, Houston, TX 77098) requesting to construct a garage /addition to the existing residence on a parcel with a designated building envelope. The property is located at 0201 Capitol Creek Road and is legally described as Lot 4, Capitol Woods Subdivision. The State Parcel Identification Number for the property is 2645- 032 -01 -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 Suzanne Wolff at (970) 920 -5093. Published in the Aspen Times Weekly on February 27, 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 28, 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. County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2 -20 -100 I, A uk - R `��^" "`" , being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first -class, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owne s of property within 300' of the subject property, as indicated on the attached list, on 11111M 2011 (which is 30 days prior to the deadline of 2011). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 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 2011, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. Sl�V#-A� Applicant's name Signature (Attach photograph here) ;o! Z` P� 0- o Signed before me this _ / 4 * day of /Ylai4A., 2011 by A la _#— Y�iot WITNESS MY HAND AND OFFICIAL SEAL My commission expires: � / /� X30 la Ah ti ee ene; Notary Public Notary Public's Signature for -5 LIST OF OWNERS WITHIN 300' OF SUBJECT PROPERTY Peter & Ellen Itzler 1421 SE 4th Ave., #A Fort Lauderdale, FL 33316 James Moser Rev. Trust 114 Jackson Street Omaha, NE 68102 Julian & Elizabeth Mellette 10000 E. Yale Avenue, #32 Denver, CO 80231 Edward Flanigan 15375 Barranca, F -104 Irvine, CA 92618 Christina & Grant Sharp 37 Starlit Lane Snowmass, CO 81654 Kevin & Stephanie Heinecken 7030 E. Sopris Creek Road Snowmass, CO 81654 Stuart & Geraldine Edgerly 1765 Snowmass Creek Road Snowmass, CO 81654 James & Chelsea Brundige 1755 Snowmass Creek Road Snowmass, CO 81654 John W. Wilkie 7035 E. Sopris Creek Road Snowmass, CO 81654 Lazy O Ranch HOA P.O. Box 654 Snowmass, CO 81654 13 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 February 16, 2011 Alan Richman PO Box 3613 Aspen, CO 81612 arichman@sopris.net Re: Sharman Site Plan Review (PID #2645- 032 -01 -004; Case# P002 -11) Dear Mr. Richman: 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 27, 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 28` 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 13` day of March, 2011, which is at least fifteen (15) days prior to March 28, 2011. This must be submitted prior to any approvals being granted. If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2 -20 -100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 February 3, 2011 Alan Richman PO Box 3613 Aspen, CO 81612 arichman@sopris.net Re: Sharman Site Plan Review (PID#2645- 032 -01 -004; Case# P002 -11) Dear Mr. Richman: 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 20, 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 20 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 5th day of March, 2011, which is at least fifteen (15) days prior to March 20, 2011. This must be submitted prior to any approvals being granted. If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2 -20 -100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 MEMORANDUM To: Basalt and Rural Fire Protection Department Snowmass /Capitol Creek Caucus FROM: Suzanne Wolff, Community Development Department Suzanne.wolfUkco.pitkin.co.us Re: Sharman Site Plan Review (PID 2645- 032 -01 -004; Case P002 -11) DATE: February 3, 2011 Attached for your review and comments are materials for an application submitted by Bill Sharman. The Pitkin County Community Development Director will review the application. Please return your comments to me by Monday, March 21, 2011. http• / /www aspenpitkin com/ Portals /0/ does /county /Com %20Dev /PlanningiLand Use Ap plications/P002 11 app.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie.waechtlergco.r)itkin.co.us or 920 -5109. Thank you. "Protecting Our Community Since 1970" 3 -17 -11 Suzanne Wolff, Senior Planner Pitkin County community Development 130 Galena Street Aspen Colorado 81611 Re: Sharman Site Plan Review - 201 Capitol Creek Road (PID 2645- 032 -01 -004; Case P002 -11) Dear Suzanne, After review of the application and subsequent conversation with the Land Planner Alan Richman I offer the following: It's my understanding that the applicant desires to build an attached tow story garage that also houses a bedroom/office space. The total square footage of the existing house and the addition would be comprised of approximately 3700 square feet. The site is accessible due to its close proximity to Capitol Creek road. The dwelling and the proposed addition is less than a mile from Basalt Fire's Lazy O substation and can be serviced by the district in the event of an emergency. The only caution to consider is if the addition is determined by the building official to increase the overall floor area greater than 5000 square feet then the installation of an automatic sprinkler system would be required for the addition. l have been assured that this would not be the case. The Fire District can accept this application and appreciate the time provided by Mr. Richman. If I can be of further assistance please feel free to contact me at your convenience. Sincerely, Sect via E -mail Bill Harding, Fire Marshal Cc: Alan Richman, Alan Richman Planning Services Brooke Bishop, et al, Basalt Fire 1089 JW Drive, Carbondale, Co 81623 Phone:(970) 704 -0675 • Fax: (970) 704 -0625 www.basaittire.org I c if I Mar.21. 2011 2:18PM SREC No.4146 P. 2 SNOWMASS- CAPITOL CREEK CAUCUS P.O. Box 507 SNOWMASS, COLORADO 81654 March 21, 2011 Suzanne Wolff Aspen Pitkin County Community Development 130 S. Galena Aspen, CO 81611 Re: Sharman, Application for Site Plan Review, Lot 4, Capitol Woods 201 Capitol Creek Road PID 2645- 032 -01 -004 Dear Suzanne: The Snowmass/ Capitol Creek Caucus Board has reviewed the application for Site Plan Review submitted by James and Kathleen Sharman. We have visited the site and did not see any significant changes that would change the conditions of the originally authorized development of the property, allowing for an attached garage with bedroom /office space. As long as the applicant adheres to the conditions specified in the original approval, i.e., that the floor area shall be limited to 4,500 sq. ft., and the footprint shall not exceed 2,800 sq. ft., we have no objections to approving the site plan. We realize the proposed addition will be smaller than what is allowed on this lot by underlying zoning or the prior approval. We also have no objections to extending the vested rights for an additional three years. Thank you for allowing us to comment on this application. Sincerely, Kathy DeWolfe Land Use Committee I (){ I PITKIN UQUNTY COMMUNITY DEVEL(IIENT Permit Receipt RECEIPT NUMBER 00030475 Name: WILLIAM SHARMAN JR Date:1/31/2011 Project Address: 201 CAPITOL CREEK RD Type: check # 7898 Permit Number Fee Descripti 0002.2011.PLAN PP- Flat Fee 0002.2011.PLAN PP- Clerk Tech Fee 0002.2011.1 PP- Public Notice Fee Amount 1,560.00 25.00 54.00 Total: 1,639.00