HomeMy WebLinkAboutpitkin.planning.246534201006 (3)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and /or P &Z
Ordinance for the BOCC and /or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
RECEPTIONM 582198, 08/25/2011 at
02:40:44 PM,
1 OF 6, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
ADMINISTRATIVE DECISION OF THE PITKIN COUNTY, COLORADO, COMMUNITY
DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE SCHNEIDER ACTIVITY
ENVELOPE AND SITE PLAN REVIEW
Administrative Decision No4l -2011
RECITALS
William and Lillian Schneider (hereafter referred to as "Applicants ") have applied to the Community
Development Director of Pitkin County, Colorado ( "Director') for Activity Envelope and Site Plan Review
to develop a single family residence on a vacant lot. The Applicants wish to develop the new residence
within a previously approved building envelope that is no longer vested.
The Lot is located at 1500 Sopris Mountain Ranch Road and is generally described as Lot 35 of the
non -BOCC approved Sopris Mountain Ranch Subdivision. Legal Description - Attachment A.
PID #:246534201006.
2. The Lot is approximately 35 acres, is in the RS -30 zone district, and is conforming in size.
The Lot is undeveloped. Lot 35 is part of a conglomerate 1041 Hazard Review for Sopris Mountain
Ranch pursuant to BOCC Resolution 91 -171 (Reception No. 348646). Building envelopes were
established with this approval. Vesting for this approval expired and an application was
subsequently submitted to gain Site Plan and TDR Receiver Site approval for development of a
single family residence up 8,250 square feet. This application was withdrawn. The Lot received
special review for a Caretaker Dwelling Unit pursuant to Administrative Decision No. 26 -2006 (Rec.
No. 522469).
4. The Lot is mapped partially within an elk winter range and is located within a severe wildfire hazard
area. The application was referred to the Colorado Division of Wildlife (CDOW) who stated that if
the previously used envelope is used, there will be little impact to wintering elk. Steep slopes do not
exist within the proposed envelope. The Applicants state that height poles were erected during the
and the poles did not obstruct a ridgeline as viewed from West Sopris Creek Road. These poles were
site verified by the Zoning Officer in April of 2011 and in fact did not obstruct a ridgeline from West
Sopris Creek Road.
The Application was referred to the Sopris Mountain Ranch HOA, the Emma Caucus, Basalt and
Rural Fire Department, and the CDOW.
6. Public notice was published on June 19, 2011. An affidavit of public notice was mailed on June
19, 2011. No objections were received within 30 days.
The Director finds that the proposal meets the standards of the Land Use Code for Activity Envelope
and Site Plan Review.
APPROVED by the Director, subject to the following conditions:
Page 1 of
I . The Applicant shall adhere to all material representations made in the current or prior applications or
in public meetings or hearings and shall consider those representations to be conditions of approval,
unless amended by other conditions.
2. No calculations for height, bulk, setback, size, floor area, or any other building and zoning
requirements have been conducted. These requirements will be considered at the time of building
permit review. Structures represented in the application might not be permitted under building and
zoning regulations.
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 with an
Activity Envelope in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual
Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and
recordation.
4. No structural development, with the exception of fencing, in excess of 30" shall occur within the
setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most
restrictive grade. Any external development located within setbacks mandated by County zoning
regulations shall require a variance from the Board of Adjustment. Approval of a landscape
envelope within such setbacks does not assure approval of a variance.
5. The new residence shall utilize earth -tone colors and non- reflective roofing.
6. At building permit application, the Applicant shall:
a. Complete a fireplace /woodstove registration form with the Community Development
Department, if necessary.
b. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1)
acre.
c. Obtain a County access /driveway /turnaround permit acceptable to the Basalt and Rural
Fire Protection District and Planning Engineer.
d. Submit a drainage and erosion control plan for review and approval by Planning/Zoning.
All slopes steeper than 2:1 shall utilize erosion control blankets and all trees 6" d.b.h. or
greater shall be mitigated for.
e. Submit a construction management plan for review and approval by Planning/Zoning
Technician showing the locations of staging, material storage and employee and
construction traffic parking.
f Pay the applicable road and employee housing impact fees.
g. Apply for an OWTS permit that identifies the location of the water line on the Lot and
maintains the required setbacks from the new OWTS.
The Applicant shall comply with the following medium wildfire standards:
Around the proposed house and beyond the furthermost projection of combustible construction
for a distance of 15 -feet the area should be of primarily noncombustible hard scape surfaces, low
growing perennials, flowerbeds, cut grass and deciduous, well- trimmed and irrigated plants.
Woody vegetation should not be planted within this area. Firewood or other combustible
materials should not be stored within this area. If the owner would like to have ornamental trees
Page 2 of 5
UI - ZUI I
8. Beyond the 15 -foot area up to 40 -feet of building and 60 -feet of the building to the southeast,
maintain natural and/or irrigated grass at less than 6- inches and thin existing trees and brush into
individual or clusters. Oak, and sage brush shall be thinned and clustered. Much of the oak is
naturally clustered in this area and that can be taken advantage of Limbs shall be pruned to one half
the height of the tree or 10 -feet whichever is less. No brush or shrubs which when mature will be tall
enough act as ladder fuel should be provided or maintained around the trees. Clusters of bushes or
shrubs should be separated from each other and from those beyond the 35 -foot area by a distance of 2
%z times the height of the mature vegetation. The diameter of a cluster should be limited to 2 '/z times
the height of the mature vegetation. As an example: If the expected mature height of the vegetation is
10 feet then the diameter of the cluster should be no greater than 25 feet and the distance between
clusters should be greater than 25 feet. The plant material growing between trees and clusters of
bushes or shrubs is grass shall be maintained at 6- inches or less.
9. Thin and remove lower branches of brush or shrubs within clusters or individual plants to eliminate
ladder fuel. Most of the shrubs that will be cut are vigorous sprouting plants and the cut ends shall be
treated with a product named Garlon® or an equivalent by a person licensed to apply herbicides. Cut
materials shall be either removed or chipped and spread.
10. Remove or chip all standing dead and deadfall within 100 -feet of any buildings on the property.
11. Roofs shall be constructed with a Class -A roof assembly as defined in the 2003 International Building
Code (IBC) Section 1505.2. Wood shake /shingle roof coverings are prohibited in all wildfire
hazard areas. Roofs with less than a 3:12 pitch are not permitted in wildfire areas unless they
comply with the following:
a) All roof coverings shall be Class -A materials approved for installation on a Class -A roof
assembly.
b) All roof coverings shall have a surface that shall facilitate the natural process of clearing the
roof.
c) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above
the roof line, such as parapets, shall be prohibited.
d) Roofs shall be installed as required by the adopted building code and shall have a minimum
slope of 1:48.
e) All roof designs, coverings or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
f) Vents: Soffit Vents shall be located in the outer 1 /3` of the overhang and screened with
corrosive resistant wire mesh, with mesh one - fourth inch (' /i') maximum.
12. Maintenance
a) Roofs and gutters shall be kept clear of debris.
b) Area shall be kept clear of all litter, slash and flammable debris.
C) All flammable materials shall be stored on a parallel contour a minimum of fifteen feet
(15') away from any structure.
d) Weeds and grasses within the fifteen -foot (15') perimeter and under trees shall be
maintained to a height of not more than six inches (6 ").
13. Miscellaneous:
Page 3 of
b I- 20II
a) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen feet
(15') away from the structure.
b) Fences shall be kept clear of brush and debris.
C) Wood fences shall not connect to the structure.
d) Any outbuildings or additional structures shall adhere to the same standards as structures.
C) Each structure shall have a minimum of one ten (10) pound Class ABC fire extinguisher.
f) Addresses shall be clearly marked with two -inch (2 ") non - combustible letters and shall
be visible at the primary point of access from the public or common access road and
installed on a non - combustible post.
14. The Applicant shall comply with the following general conditions regarding wildlife:
A.
Manipulation of vegetation outside of the Activity Envelope is prohibited.
B.
Mesh or woven wire fences are prohibited outside the Activity Envelope except hay
storage.
C.
Wood rail fencing shall employ three (3) rails or less, be the round or split rail type,
shall not exceed fifty -four (54) inches in height above ground level, and twelve (12)
inches in width (top view), and shall have at least eighteen (18) inches between the
lower two (2) rails.
D.
Wire fencing must be three (3) strands or less. The top wire should be a twelve- point-
five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches.
The middle strands (which may be barbed) should be located a minimum twelve (12)
inches apart and from the top wire preventing entanglement when mule deer jump
over. The bottom strand should be sixteen (16) inches from the ground.
E.
Tall overly mature trees and standing dead trees (snags) should be retained at the rate
of two (2) to five (5) per acre whenever possible as nesting and perching habitat.
F.
Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This
does not include pre- existing native trees and shrubs.
G.
Access shall be provided to the Colorado Division of Wildlife for trapping, tagging,
studying, or otherwise managing wildlife.
H.
Trash/garbage shall be kept in an approved bear resistant container or enclosure.
These containers shall be accessible to and use at all times by contractors on site.
1.
Bird feeders, including hummingbird feeders, shall be hung away from any deck or
window, and be at least ten (10) feet from the ground suspended between two (2)
trees or posts. All seed feeders shall include a seed catchment pan to catch discarded
seed.
J.
Pet food shall not be left outside.
K. All outside door shall utilized solid round handled door knobs.
15. No development shall occur outside the approved activity envelope with the exception of
vegetation removal necessary to comply with the wildfire mitigation measures described above.
No structures shall be permitted outside of the approved activity envelope. Applicant shall be
required to obtain an Earthmoving Permit for any work outside the approved envelope.
16. Prior to commencement of any earthmoving or other construction activity, the Applicant shall
stake the comers of the activity envelope and install construction fencing around the construction
site. The fencing shall remain in place until issuance of a Certificate of Occupancy.
Page 4 of 5
&I -Zov
17. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one
growing season of the project's completion.
18. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land
Use Code, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall
expire on August f q , 2014.
19. 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.
PUBLISHED AFTER ADOPUON FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on the A day oft \
0tQLJW201 1.
APPROVED by the Director, this 114, day of 2011.
eirl AA J
C&'Y)7Houben,
Community Development Director
PM# 246534201006
PO41 -11
Page 5 of 5
W - ZOII
Attachment A
Legal Description
Subdivision: SOPRIS MOUNTAIN RANCH Lot: 35 Section: 34
Township: 8 Range: 87 PARCEL 35 TRACT OF LAND IN SEC
34 -8 -87 CONT 35.05 AC MIL
BK 376 PG 683 NORMAN E MITCHELL AKA PARCEL 35
bJ -ZO(/
P.O. Box 4815
417 Ongnal Road, Unit B
Ba It OO 81621
Phone (970) 927 4645
Fax (970) 927 0196
tomnosopnsnel
May 23, 2011
Mike Kraemer
Pitkin County Community Development Department
130 South Galena Street
Aspen, CO 81611
RE. ACTIVITY ENVELOPE & SITE PLAN REVIEW, PARCEL ID 02465- 342 -01 -006
Dear Mike:
Please accept this letter as the Mountain Wildflower Limited Partnership's (hereinafter "applicant ")
request to obtain Activity Envelope and Site Plan approval for Lot 35 of the Sopris Mountain Ranch
Subdivision.
ACTIVITY ENVELOPE & SITE PLA REQUEST
According to the Pitkin County Land Use Code ('Code ") any request for an Activity Envelope and Site
Plan approval must provide a summary letter explaining the request, background information on prior
approvals and permits, and shall address compliance with the Code Sections listed within the Pre -
application Conference Summary (ATTACHMENT 1). The applicant is requesting approval of an
Activity Envelope and Site Plan for the property. The development will consist of a single - family
residence with no more than 5,750 square feet of floor area. In addition to the residence, a driveway,
Individual Sewage Disposal System (ISDS), and landscaping is proposed for placement within the
Activity Envelope.
BACKGROUND INFORMATION
The property is known as Lot 35 of the Sopris Mountain Ranch subdivision. It is about 35.05 -acres in
size and is located along Sopris Mountain Ranch Road. The property consists of a relatively flat and
gently sloping land. Vegetation on the property is made up of primarily native grasses and woody
plants, such as mountainous shrubs, sage and scrub oak. No riparian vegetation is present, with the
exception of vegetation along a small, intermittent stream to the east of the property. Slopes on the
property are all less than 30% with the exception of the steep hillside on the east side of the property
near the stream. The property is currently vacant with no structures other than fencing and an irrigation
ditch.
The property has received a "1041" Hazard Review approval from Pitkin County that has expired (see
ATTACHMENT 5).
LAND USE CODE SECTIONS TO BE ADDRESSED
Attached to this letter please find the following materials, documents and information that comprise our
responses to the following sections of the Code:
Land Use Planning • Permit Expedition • Project Management • Owner's Representative • Information Management
000001 1
Sec. 2- 30- 20(g): Activity Envelope and Site Plan Criteria for Approval
As evidenced by the contents of this letter and attachments, we feel that this application complies with
the Site Plan Criteria as set forth in Section 2- 30- 20(g):
ATTACHMENT 1: Pre - Application Conference Summary Sheet.
ATTACHMENT 2: Consent from the property owner through the buyer of the property
for Newland Project Resources, Inc. (NPRI) to represent them and
to process the land use application.
ATTACHMENT 3: Disclosure and proof of ownership of the property complying with
Subsection 5- 70- 020(D) of the Land Use Code and List of Adjacent
Property and Mineral Rights Owners.
ATTACHMENT 4: Parcel description, including legal description, and an 8 -1/2 "x 11"
vicinity map locating the subject property within Pitkin County.
ATTACHMENT 5: Previous Land Use Approvals.
ATTACHMENT 6: Executed Pitkin County Community Development Agreement for
Payment of Land Use Application Fees form.
ATTACHMENT 7: An Improvement Survey that shows the existing conditions on the
site, topography, access, and physical features of the property.
ATTACHMENT 8: Draft Activity Envelope and Site Plan Plat prepared in accordance
with the requirements of Subsections 7 -10 -50 of the Pitkin County
Land Use Code and Section 2.2.1 of the Pitkin County Land Use
Application Manual. Included are a Site Plan, building floor plans
and elevations, and a landscape plan.
ATTACHMENT 9: Wildfire Assessment
Section 7- 10 -50: Activity Envelope and Site Plan
The Activity Envelope and Site Plan as proposed (ATTACHMENT 8) will allow the activities and
development to comply with provisions of the Land Use Code and Comprehensive Plan by avoiding or
mitigating the "constrained areas" located on the property. As shown in ATTACHMENT 8, the
development proposed is a single family residence that is located in the Activity Envelope. The
proposed Activity Envelope is identical to the previously approved Building Envelope (see
ATTACHMENT 5) and is of adequate size for all of the allowed uses by right. Other than the residence,
these uses include grading, yard and landscape improvements, and utility- related improvements.
The property is zoned RS -30. This zone district has a conforming lot size of 35.05 - acres. Setbacks for
this zone district are as follows:
Front Setback (from Sopris Mountain Road) 100 -feet
Side Setback 50 -feet
Rear Setback 50 -feet
ACTIVITY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID # 2465- 342 -01-006
Page 2
■
It is acknowledged that upon approval of the Activity Envelope and Site Plan, any and all applicable
local, state or federal permits required to conduct development activities will be obtained prior to
initiation of construction. It is also acknowledged that all areas located outside of the approved Activity
Envelope will not be disturbed and that construction fencing shall be placed around the perimeter of the
Activity Envelope or disturbed areas prior to initiation of construction.
Section 7- 20 -10: Site Preparation and Grading
(a) Grading and Fill Placement
Grading and fill placement is anticipated on the site. The excavation and fill will be conducted within
the Activity Envelope. Any excess excavation will be hauled off site to the county landfill. Included
within ATTACHMENT 8 is a grading plan for the site.
(b) Clearing, Grubbing, and Vegetation Removal
All clearing, grubbing and vegetation removal will occur within the approved Activity Envelope (See
ATTACHMENT 8).
(c) Tree Removal and Mitigation
There are no trees or shrubs in the proposed Activity Envelope that are six (6) inches or larger diameter
at breast height. Revegetation of the site will comply with the Pitkin County Revegetation Guidelines
(d) Protection of Natural Terrain
The applicant agrees to implement appropriate design and construction techniques to lessen and
mitigate the physical and visual damage to the site as follows:
(1) REVEGETATION
Revegetation efforts will utilize native or similar horticultural material, and will be completed
during the first planting season after construction; where vegetation is removed, it will be
replaced with vegetation that will reach similar density and height to that removed within two (2)
years following conclusion of construction.
(2) TOPSOIL
Topsoil will be removed and stored prior to any grading or excavating and will be replaced for
revegetation.
(3) WEED PREVENTION
The existing site is relatively weed -free. To prevent possible weed infestation, seed mix used in
revegetation efforts will be certified as weed -free and revegetation efforts will be put in place as
soon as possible after disturbance.
(4) UTILITY INSTALLATION
Water will be obtained from a well to be located on the southwest side of the property. An
Individual Septic Disposal System will be located to the north of the house.
Other utilities, such as electricity and communication lines, will be buried to the house within the
proposed driveway or within the Activity Envelope.
(5) EROSION, SEDIMENTATION, AND STORMWATER MANAGEMENT
ACTMTY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID R 2465342 -01 -006 Page 3
Disturbance of ground vegetation shall be limited to the areas within the Activity Envelope
where development will take place. Although topsoil will remain on site, excavated soils will if
necessary be trucked off -site to the landfill. The site plan shows that the cuts and fills required
for placement of the residence are at least 2:1 at final grade and can be easily revegetated.
Natural drainage patterns, which run down the site from south to north, will be maintained and
improved so that natural drainage runs around the house and driveway. Stormwater
management practices will be utilized when constructing the improvements on the property.
With respect to grading, the Site Plan (ATTACHMENT 8) conforms to the following standards
• The original, natural grade within the Activity Envelope shall not be raised or lowered more than
four feet;
• Grading for accessory building pads is not anticipated;
• Where grading, excavation or filling is required, slopes of 25% (4:1) will be placed where practicable
and these slopes will not exceed 50% (2:1). Slopes between 25% and 50% are not located within
the proposed Activity Envelope;
• All cut, filled or graded slopes shall be recontoured to the natural, varied contour of the surrounding
terrain.
• If retaining walls are utilized, the guidelines and standards for retaining walls will be followed.
Section 7- 20 -20: Steep and Potentially Unstable Slopes
Slopes of greater than 30% are located on the east side of the property. However, the requested
Activity Envelope is free of steep slopes and has an average slope of 6% to 8 %.
Section 7- 20 -60: Wildfire Hazards
The parcel shows as a "Severe Wildfire Hazard Area" on mapping maintained by the Pitkin County
Community Development Department. However, a site - specific analysis conducted by Art Hougland
and Associates (ATTACHMENT 9) shows that, with proper mitigation techniques, the wildfire hazard on
the property can be reduced to a Medium Hazard Area designation. As such, the applicant commits to
implementing the mitigation measures within Art Hougland' s report and all mitigation measures called
for within the Pitkin County land Use Code for a medium wildfire hazard designation.
Section 7- 20 -70: Wildlife
The parcel is mapped as being located adjacent to elk winter range. The applicant agrees to comply
with all of the General Standards (Section 7- 20- 70(c)) of this section as well as the conditions for
kenneling dogs in Section 7- 20- 70(f)(2). Construction timing requirements applicable within 1,320 -feet
of elk winter range (Section 7- 20- 70(8)(1)) require that no construction activities occur between
December 1•` and March 31 Since the building footprint is located very close to the 1,320 -foot buffer,
it is requested that this construction timing restriction be limited to outdoor construction only.
ACTIVITY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID N 2465342 -01-006 Page 4
2 0004
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Elk Winter Range (blue) and Building Footprint (red circle)
7 -20 -120: Scenic View Protection
The property is not located within a Scenic View Protection Area as shown on mapping maintained by
the Pitkin County Community Development Department.
The Scenic View Protection Area Mapping does show a designated Scenic Viewplane along West
Sopris Creek Road. In this area of the valley, West Sopris Creek Road is on the north side of the
creek. Mount Sopris is the primary focal point of the Viewplane looking south. The south side of the
West Sopris Creek valley has a steep rise initially from the creek. The slope then flattens into a series
of two benches and then proceeds up the flanks of Mount Sopris. The parcel is located on the second
flat bench and is not visible from the County Road. A visual inspection was conducted with Joanna
Schaffner in April 2011. Story poles signifying the peaks of the roofs for the proposed structure (See
ATTACHMENT 8) were placed on the site. The story poles were not visible when driving along West
Sopris Creek Road from either direction.
Because the parcel is not within a Scenic Protection Area, and it has been shown in the field that the
proposed residence will not be visible within the designated Scenic Viewplane, the proposed Site Plan
complies with this section of the Land Use Code.
ACTIVITY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID # 2465- 342 -01 -006 Page 5
000005
7 -20 -130: Landscape and Vegetation Protection
The purpose of this code section is to preserve existing vegetation on development sites to the
maximum extent consistent with the permitted development; to ensure that specific types of man made
improvements are screened from view in order to preserve the rural character of the County; and to
prevent the use of landscaping in ways that would compromise the rural character of the County. The
criteria are as follows:
(1) PROTECTION OF NATURAL VEGETATION
In order to protect the rural character of Pitkin County, natural vegetation should be preserved to
the maximum extent practicable, and any installed landscaping shall use the species plant materials
naturally occurring on the site or on neighboring properties (except for flower gardens).
The natural vegetation within the Activity Envelope consists primarily of field grasses with mountain
shrubs and clumps of scrub oak. All existing vegetation shall be preserved to the maximum extent
possible, and new vegetation proposed for the development will be naturally occurring, neighboring
species.
(2) CONFORMANCE WITH WILDFIRE REGULATIONS
In the event the provisions of this Sec. 7- 20-130 conflict with any provisions of Sec. 7- 20-60, as
those requirements may be varied by a wildfire expert approved by the County, the provisions of
Sec. 7 -20-60 shall govern.
Some of the vegetation within the Activity Envelope will need to be thinned or cleared to comply with
proposed wildfire mitigation measures (See ATTACHMENT 9).
(3) BERMS
Berms may be incorporated into any required landscaping, buffering, or screening area, provided
that the County determines, during the development approval process, that the proposed berms will
not cause drainage or erosion problems. No installed berm shall have a slope of greater than four -
to one (4: 1), nor a height greater than four (4) feet above grade.
Berms are proposed for the development. The berms, shown on the Site Plan (ATTACHMENT 8) will
conform to these standards.
(4)LANDSCAPE ENCLOSURES
Landscaping shall not be used to mark or enclose the boundary of a parcel, or to privatize an
otherwise public viewplane. Use of indigenous shrubs or trees to enclose a portion of the property
immediately surrounding a dwelling, bam, and/or accessory buildings (as opposed to the entire
property or a large area of the property) are permitted if made to resemble similar windbreaks
located near older properties in Rural Areas of the County.
No landscape enclosures are proposed for the development (See ATTACHMENT 8).
(5) VISIBILITY CLEARANCE
All landscaping shall be installed and maintained so that it does not interfere with the ability of
drivers to see nearby traffic at the intersection of any driveway with a public road, or at the
intersection of two public roads.
Visibility clearances will not be impacted by the proposed landscaping improvements. The end of the
driveway is not located within the proposed Activity Envelope, so the entry area will remain natural.
ACTIVITY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID N 2465,342 -01 -006 Page 6
(6) UTILITY EASEMENTS
Whenever the provisions of this Sec. 7- 20-130 would require the installation of trees or shrubs over
or on utility easements, where branches or roots might interfere with utility lines or pipes, the
required location for such trees and shrubs shall be modified to require installation at the closest
location that would avoid potential conflicts with utilities and would enable the trees and shrubs to
serve the same landscaping purpose.
No utility easements encroach upon the proposed Activity Envelope.
(7) FINANCIAL SECURITY
The Community Development Department may require financial security in a form acceptable to the
County Attorney to ensure completion of installation of all required landscaping and/or successful
establishment of plants.
Financial security shall be submitted if required during the development permit approval process.
(8) MAINTENANCE
All plants shall be maintained continually in a healthy condition in accordance with generally accepted
professional horticultural standards and practices. Within areas required to be landscaped with installed
plant materials, plants that die or are unhealthy shall be replaced. Landscape areas shall remain free of
weeds, litter, junk, rubbish and other nuisances and obstructions.
Maintenance of planted vegetation is in the best interest of the applicant and will be conducted after
planting is complete.
Required Landscaping in Rural Areas:
(1) Landscaping is required for the following purposes: (1) to screen satellite dishes and other
telecommunications equipment when located within five hundred (500) feet of adjacent public
roads and visible from such roads, and (ii) to screen parking areas and service areas when
viewed from adjacent public roads, (iii) where necessary to comply with the standards of Secs.
7- 20-70, 7- 20-80, or 7 -20 -120, and (iv) to revegetate disturbed areas.
(2) Landscape treatments shall cluster shrubs and trees into groupings similar to those naturally
occurring on the site or neighboring sites, shall use indigenous species of shrubs and trees, and
shall not be installed in regularly spaced lines or rows, unless more speck provisions of Secs.
7- 20-70, 7- 20-80, or 7- 20-120 require a different treatment.
The above stated landscaping criteria for rural areas applicable to this development will be utilized
within the landscape plan for the property. A conceptual landscape plan is included as a part of
ATTACHMENT 8 showing compliance with these standards.
7-30: Roads, Driveways and Parking
The driveway has been designed to be in compliance with Pitkin County Road Standards and
Specifications, and the Pitkin County Asset Management Plan. Four parking spaces, one along the
driveway and three in the garage, have been provided. See ATTACHMENT 8 for the location of the
driveway and parking area on the site plan.
{'� (',A ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID # 2465 - 342 -01 -006 Page 7
000UUI
7-50: Public Services and Utilities
Public utilities, including electricity and communication lines, shall be buried to the residence through
the defined Activity Envelope. Water will be obtained from a private well to be located on the northwest
side of the property. According to State well permit regulations, this property can receive an Exempt
Well Permit for domestic water. Sewage treatment and collection will take place on the site using an
Individual Sewage Disposal System (ISDS).
SUMMARY
Based on the information submitted in this letter, we believe that the proposed Site Plan is in
compliance with all applicable standards of the Land Use Code and is consistent with the conditions of
approval and the representations made during the Activity Envelope approval for this property.
Thank you for considering this request. If you have any questions or requests for additional
information, please contact me at 927 -4645 or tomn @sopris.net.
Sincerely,
Project Resources, Inc.
ACTIVITY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID 8 2465- 342 -01 -006 Page 6
000008
ATTACHMENTS
ATTACHMENT 1:
Pre - Application Conference Summary Sheet.
ATTACHMENT 2:
Consent from the property owner through the buyer of the property
for Newland Project Resources, Inc. (NPRI) to represent them and
to process the land use application.
ATTACHMENT 3:
Disclosure and proof of ownership of the property complying with
Subsection 5- 70- 020(D) of the Land Use Code and List of Adjacent
Property and Mineral Rights Owners.
ATTACHMENT 4:
Parcel description, including legal description, and an 8 -1/2 °x 11"
vicinity map locating the subject property within Pitkin County.
ATTACHMENT 5:
Previous Land Use Approvals.
ATTACHMENT 6: Executed
ATTACHMENT 7: An Improvement Survey that shows the existing conditions on the
site, topography, access, and physical features.
ATTACHMENT 8: Draft Activity Envelope and Site Plan Plat prepared in accordance
with the requirements of Subsections 7 -10 -50 of the Pitkin County
Land Use Code and Section 2.2.1 of the Pitkin County Land Use
Application Manual. Included are a Site Plan, building floor plans
and elevations, and a landscape plan.
ATTACHMENT 9: Wildfire Assessment, Art Hougland
ACTMTY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID # 2465 - 342 -01-006
Page 9
000009
ATTACHMENT 1:
Pre - Application Conference Summary
PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY
LOCATION: Sopris Mountain Ranch Lot 35,1500 Sopris Mountain Ranch Road. PHkt: 246534201006
ZONING: RS -30
SIZE: approx. 35 acres
OWNER: William and Lillian Schneider
REPRESENTATIVE: Tom Newland PHONE and EMAIL: 618 -9922; tomn(a4sopris.net
DATE: April 25, 2011 PLANNER: Mike Kraemer, 920.5482
Type of Application: Activity Envelope and Site Plan Review
Description of Project/Development: The Applicant is desirous of obtaining activity envelope and site plan review
approval for a construction of a single family residence on a vacant lot. The Lot was part of the global 1041 Hazard
Review for Sopris Mountain Ranch that has expired.
Land Use Code Sections to be addressed in letter of reauest (application):
Sec. 2- 30- 20(g): Activity Envelope Criteria for Approval;
Sec. 7- 10-50: Activity Envelope;
Sec. 7- 20-10: Site Preparation and Grading
Sec. 7- 20-20: Steep and Potentially Unstable Slopes;
Sec. 7- 20-60: Wildlife hazards (area mapped within a severe wildfire hazard area)
Sec. 7- 20-70: Wildlife (mapped adjacent to elk winter range).
Sec. 7- 20- 120(d): Standards for Scenic View Protection Areas (mapped in scenic view plane bracket);
Sec. 7 -20 -130: Landscaping and vegetation Protection; �
Staff will refer the application to the following agencies: Planning Engineer, �n Fire Protection District and
MaweenF6eetle Caucus S+�.ca h{ R. ».h. {Ea A
Ew.owt .
Review by: Community Development Director
Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior
to the date specified for the Administrative Decision pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In
addition, the Applicant shall mail notice (by 1" Class mail) to all property owners and mineral estate owners
within 300' of the subject property with the return address of the Community Development Department (form of
notice to be obtained from the Community Development Department). The names and addresses shall be those
on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public
hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was
postmarked to submit comments or objections to the Community.
FEES: $4,447 (make check payable to " Pitkin County Treasurer ")
• Planning Office flat fee: $3,744 (non - refundable; based on 12 hours of staff time. If staff review time exceeds 14.4
hours, the Applicant will be charged for additional time above 12 hours at a rate of $312/hour)
• Web Technology Fee: $25
• Public Notice Fee: $54
• Planning Engineering Fee: $624
ACnVRY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID # 2465- 342 -01 -006 Page 10
00001E
To apply, submit 1 coov (unbound) of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing
compliance with the Code sections listed above.
2. 24" by 36" and 11" by 17" Activity Envelope and Site Plan and standards report as designated in Section
2. 1.1 and 2.1.12 of the Pitkin County Land Use Application Manual;
3. Previous Land Use Approvals (if applicable);
4. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application
Manual;
5. Proof of ownership of subject property;
6. Parcel description, including legal description and vicinity map;
7. Total fee for review of the application;
8. Signed fee agreement (1 copy);
9. Consent from owner(s) to process application and authorizing the representative (1 copy)
10. List of all property owners and mineral estate owners within 300' of the subject property (1 copy)
11. Copies of this pre -app form
NOTES
➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPYOF YOUR COMPLETEAPPLICATION PLEASE SUBMIT TWO -SIDED
COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IFPOSSIBLE). THE PARCEL IDs 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 staffs interpretations based upon representations of the applicant. Additional
information may be required upon a complete review of the application.
➢ The Pitkin County Land Use Code and Application Manual is available on -line at
http: / /www. a penpitkin. comldeptsl7lplannin z. cf n
ACTNITY ENVELOPE & WE PLAN APPROVAL REQUEST - SPID # 2465 - 342 -01 -006 Page 11
000011
ATTACHMENT2:
Consent from the Owner of the Property for Newland Project Resources, Inc. (NPRI) To Represent Them and To
CONSENT TO REPRESENT
April 21, 2011
Pift Canty Community Den4msM
130 S. Galen SL
Aspen, CO 81611
To Whom R May Concern:
Plows consider this MRU as authwisatlon for rbwW W Rojaet Rte, Inc. to
r
IF a me wNh bnd use and devslopnrerrt pwn* sippilicstions in Pift Canty
for my property loaded Lot 36, Sopds Main Rarrdr. Slate Parcel ID i 346&
342 -01406 NwMwW Project Resoumw Is hereby audxwtmd to act on my behalf
with moped to W rr=0 rewonaMy pertaiNrg to the Warne tioned property.
Card Coy Herder, Provident
CCH OP, LLC. General Pwbw
Mountain Wftlowsr Limned Partnership
ACTIVITY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID # 246 -01-006 Page 12
000012
a
FNRST APAIND 1>ENT TO CONTRACT
r -.,1 a
1. bMw This First Ammdinew to Contract (title "Ammdm1110 amends the Cement to Buy and
SM Rat Fan (Lad) houses WIIA AM SCIOWDER AND L AAN SCfINEIDFR. as to "W1f."
ad MOUNTAIN WUMDWBR LIMn A PARTNfhtg W, a Tatra limited prmeebip, a Poe:
6 2=," dated an of 3swery 24, 2011. bcbxft Addmls "A" t hereto (cdkctivdy. Poo T211111111d
le111ft to die property amoutr a 15W Soiris MountainR d, Book CO $16 et as ftd d
desribedbthoContract(do - hil Olin. AnycapiWimd trsm
bevdn have Poe maobg give for diem in Poe Contract.
10 2 Prior to C'bsirp, Buyer dell Prepare and sdema an
I 1 1 1 1 11 41010 ! b � Colorado for an Activity FavelopdSin Piet approval under the Piddu
12 0000W Laud Ua Code (Poe "AORllGdOR") to Pmt dwe devetopme0t of an apprerd oodY $.600 alone
13 face aigle bogy [ai sod related impeovemam an the Properly, a generally depicted OR Poe
14 coneetPrrl ante Pion ached bwdo a ETbjjL& as the sweet may be updated or amended (celleaivdy,
15 die - ANWOR - ). NowAlhWOding anything to die aedcury contained n the Cannot and in addbiaa to
16 say talon rWo of Boyar ' N ' in the Contract, Buyer dwell have the dght to tsrmI the
IT Contract upon va notice to Sellr on or Italian May 31, 201 l in die event that by such don (1) PiPob
16 Cary ho alma* not approved the Application a eubmitid, or has approved Poe Application with
19 aadidoa mat prohibit or notarially hepelt or s®it Bayer's ability to construct the Rmddew:K or (ti)
20 B%w raaooably bdwm thr PWo Couety will saber not approve the APPSONI n, r time ado
21 sppewal will include conditions diet prdnbn or mrerbRy bnpeir or Resit Bayer's ability to casuud me
22 Reaidom in do evaat Buyer teembra dee Camat in accordance wain this paragraph, Buyer ohaR be
23 renemeddo@we rmaaydepadl(plmayior utdore o) and the parties sbdlhavenoRndw right r
24 ahligmio as under Poe Camet in the event Buyer faib to deivr a notice of ormiaMbn in accordance
25 with do pnwfdam of this paragraph, Poe Pam regarding approval of the Application an deaedbed
26 heron shell be domed srb6ed.
27 3. The peso hereby send die Cmrect such that Poe Closing Date
29 under the Contract shall be Am 15, 2011 (Poe " . AO rolraea to the "Clo®g Owe"
29 under the Caotmr shall ones the data described in die pang<aph.
30 4. Wff Ag&gdM ice. Seller hereby aethctiaa the submission of the Appliatim to Pit= County
31 by Buyer and ml0ndam Buyer to Wm ay other action with diaper to approvals and perm b
32 ceunedbn with die development of the Pmpaty and cereuactian of The Residence tbason. Shcr AW
33 promptly ddiwr to Bryn, spa request by Buyer and at a additional Oapma b Seller, mq III
34 madvorlodow or docurneaft cvWwgkg that ecabodustion Sound by Seller under this Paragraph.
35 S. . Thia Amendma/ may be exactred in adeiple eamtrperts and may oomrtprt of
36 this Anveodmemmry be evidenced by a Aw*nib or dectrank teasimiare.
37 6. FAI;' AR other race wed conditions of die Contract we in DA face and ended and on nor
39 amended.
39
Lui
ACTIVITY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID At 2465342 -01 -006 Page 13
000013
41 NLL$
42 Dow:
43 WWiemSchneider
44 Date:
45 Lillian Schneider
ME :ll lI
47 MOUNTAIN WEDFLOW RLIMI ED /
412 PARTNERSHIP, a Taw limited puuws* Dare: � fh3 l
0
50
By: CCH OP. LLC.. a Taw Hashed ffi6ft cmnPwy
51
Two: Omerd P
53
By: C:r(iYl .
54
Naw. Cud Cody KKV
55
Title: President
56
2
ACTIVITY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID # 2465-342-01-006
Page 14
000014
ATTACHMENT 3:
Disclosure and Proof of Ownership of the Property Complying With Subsection 5- 70 -020(D) of the Land Use Code
ACTIVRY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID # 2465 - 342 -01-006 Page 15
000015
t,t16 Aspen Division
620 East Hopkins Avenue
stewart
View your transaction progress 24n via SureClose. Aspen, Colorado 81611
Phone:970- 925 -3577
Ask us a bout your login today! Fax: 970 - 925 -1384
Date: January 27, 2011
Order Number: 942342
Buyer: Charles H. Herder It Generation Skipping Trust
Seller: William Schneider and Lillian Schneider
Property 1500 Sopris Mountain Ranch Road, Basalt, CO 81621
Please direct all Closing inquiries to: Please direct all Title inquiries to:
Drucilla Dorn
620 East Hopkins Avenue
Aspen, Colorado 81611
Phone: 970-925-3577 Fax: 970-925-1384
Email Address: ddorn @stewart.com
Linda Williams
Phone: 970-766-0234 or 866-932-6093
Email Address: lwilliam3 @stewart.com
SELLER:
William Schneider
Lillian Schneider
LISTING BROKER:
Chaffin Light Real Estate
Attn: Terry Rogers
P.O. Box 5000
Snowmass Village, Colorado 81615
Phone: (970) 923 -2006
Fax: (970) 923 -2550
BUYER/BORROWER:
Charles H. Herder 11
Generation Skipping Trust
SELLING BROKER:
Chaffin Light Real Estate
Attn: Garrett Reuss
Lorraine Feher
P.O. Box 5000
Snowmass Village, Colorado 81615
Phone:
(970) 923 -2006
Fax: (970)923 -2550
Email Address:
0000.0
ALTA Commitment (6n7106)
Stewart Title Guaranty Company, a Texas Corporation ( "Company "), for a valuable consideration,
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land
described or referred to in Schedule A, upon payment of the premiums and charges and compliance with
the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided
that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This commitment shall not be valid or binding until countersigned by a validating officer or authorized
signatory.
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
Issued by
E.
title guaranty company
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
Countersiped:
7ste rW
title guaranty company
s
A - L"n.,
Senior Cheinnan of t e Board
haftan of the Board
Stewart Title
Aspen Division
620 East Hopkins Avenue
Aspen, Colorado 81611
Phone: 970-925-3577
Fax: 970-925-1384
Order Number: 942342
Title Officer: Linda Williams
President
ALTA Commitment (6/17/06)
0000 1
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: January 13, 2011, at 8:00 a.m.
2. Policy or Policies To Be Issued:
(a) A.L.T.A. Owner's (Extended)
Proposed Insured:
Charles H. Herder II Generation Skipping Trust
(b) A.L.T.A. Loan
Order Number: 942342
Title Officer: Linda Williams
Amount of Insurance:
$735,000.00
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:
William Schneider and Lillian Schneider
5. The land referred to in this Commitment is described as follows:
See Attached Legal Description
Purported Address:
1500 Sopris Mountain Ranch Road
Basalt, Colorado 81621
Statement of Charges:
These charges are due and payable before a Policy can
be issued:
Basic Rate
2006 Owner's Policy: $1797.00
Owner's Extended Coverage: $150.00
Tax Certificate: Included w/
closing
00001-8
SCHEDULE A
LEGAL DESCRIPTION
PARCEL NO. 35
A parcel of land being part of Lots 2 and 3, and the SE1 /4 of the NW 1/4 of Section 34, Township 8 South,
Range 87 West of the Sixth Principal Meridian. Said parcel is more fully described as follows:
Beginning at a point whence the Northeast corner of said Section bears
North 72 °41'10 "" East 3029.18 feet;
thence South 69 °12' West 1670.00 feet;
thence South 60 °33'11 "" West 796.26 feet;
thence North 00 °18' East 176.00 feet;
thence 198.09 feet along a curve to the right having a radius of 500.00 feet;
thence North 23 °00' East 247.00;
thence 435.28 feet along a curve to the left having a radius of 600.00 feet;
thence North 18 °34' West 99.12 feet;
thence North 71 °26' East 170.02 feet;
thence 614.70 feet along a curve to the left having a radius of 1200.00 feet;
thence North 42 0 05' East 137.00 feet;
thence South 57 °49' East 545.00 feet;
thence South 70 °04' East 967.67 feet to the Point'of Beginning.
COUNTY OF PTTKIN, STATE OF COLORADO
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B — Section 1
REQUIREMENTS
Order Number: 942342
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate
or interest to be insured.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as
certified by the County Treasurer.
4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company.
NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing,
foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this
title commitment.
5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property.
6. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3 OF THE OWNERS
POLICY:
A SURVEY, meeting the minimum detail standards of the ALTA/ACSM, Survey OR IMPROVEMENT LOCATION
CERTIFICATE, prepared by a registered Colorado surveyor, within the last TWO MONTHS, must be presented to
Stewart Title Guaranty Company, for its approval prior to the deletion of any survey exceptions from the OWNERS
POLICY.
Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said survey, or make
further inquiry or requirements relative thereto.
Said Survey, must be certified to Stewart Title of Colorado and/or Stewart Title Guaranty Company.
7. Execution by Authorized Trustee of the Charles H. Herder II Generation Skipping Trust, of Statement of Authority
pursuant to the provisions of Section 38 -30 -172 C.R.S.
8. Deed from vested owner(s) vesting fee simple title in the purchaser(s).
Note: notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording
of deeds CRS 38 -35 -109 (2).
000020
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B — Section 2
EXCEPTIONS
Order Number: 942342
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
homeowners association or inclusion in any water service or street improvement area.
10. A right of way thereon for ditches or canals constructed by the authority of the United States, and all
the coal and other minerals in the lands so entered and patented, together with the right to prospect
for, mine, and remove the same as reserved in United States Patents recorded May 6, 1933 in Book
162 at Page 420 as Reception No. 87622, and recorded August 3, 1935 in Book 162 at Page 436 as
Reception No. 88014.
11. 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 hereby granted, and right of way for ditches or canals
constructed by the authority of the United States as reserved in United States Patent recorded
November 17, 1893 in Book 55 at Page 42, and recorded January 2, 1907 in Book 55 at Page 160.
12. Reservation of a mineral royalty interest by Charles H. Love, Janet Love and Dorothy Love as set
forth in the Deed recorded December 31, 1956 in Book 178 at Page 436 as Reception No. 104791;
and Agreement regarding said reservation recorded April 14, 1961 in Book 193 at Page 468 as
Reception No. 111218.
13. Declaration of Protective Covenants and Dedication of Easement for Sopris Mountain Ranch as set
00 ®021
forth in instrument recorded December 23, 1982 in Book 437 at Page 748 as Reception No. 246534;
and First Amendment to Declaration of Protective Covenants and Dedication of Easements for
Sopris Mountain Ranch recorded November 19, 1987 in Book 551 at Page 259 as Reception No.
295021, and Second Amendment recorded January 21, 1993 in Book 701 at Page 347 as Reception
No. 353162, and Third Amendment recorded January 21, 1993 in Book 701 at Page 408 as
Reception No. 353163; Fourth Amendment recorded February 4, 1998 as Reception No. 413234
Fifth Amendment recorded February 4, 1998 as Reception No. 413233 Sixth Amendment recorded
May 28, 1998 as Reception No. 417416 Seventh Amendment recorded March 9, 1998 as Reception
No. 414335 and Eighth Amendment recorded February 22, 1999 as Reception No. 427991 Ninth
Amendment recorded March 31, 2004 as Reception No. 496030 Tenth Amendment recorded
August 28, 2009 as Reception No. 562312
14. Articles of Incorporation of Sopris Mountain Ranch Homeowners' Association, Inc. recorded March
21, 1986 in Book 507 at Page 689 as Reception No. 276683; and By -Laws of Sopris Mountain
Ranch Homeowners' Association, Inc. recorded March 21, 1986 in Book 507 at Page as
Reception No. 276684.
15. Resolution of the Pitkin County Board of County Commissioners Approving 1041, General
Submission and Boundary Line Adjustments for a Portion of the Sopris Mountain Ranch Tracts,
Resolution No. 92 -171 as set forth in instrument recorded September 16, 1992 in Book 688 at Page
775 as Reception No. 348646 and re- recorded June 3, 1998 as Reception No. 417679
16. Easements, Building Envelope and other matters as shown and contained on 1041 Hazard Review
Plat recorded January 21, 1993 in Plat Book 30 at Page 48 as Reception No. 353219.
17. Administrative Decision of the Community Development Director recorded March 31, 2006 as Reception No. 522469
18. NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute
the Company's affidavits, as required herein, and the Company approves such deletions. If work has
been performed on, or in connection with, the subject property (architectural drawings, soils testing,
foundation work, installation of materials), and the Company has not reviewed and approved lien
waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception) will not be
deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from
the policies, provided the Company receives and approves the survey or survey affidavit if required
herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent,
conducts the closing of the proposed transaction and is responsible for the recordation of the
documents.
000022
DISCLOSURES
Order Number: 942342
Note: Pursuant to C.R.S. 10 -11 -122, notice is hereby given that:
A. The subject real property maybe located in a special taxing district;
B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the
county treasurer's authorized agent;
C. Information regarding special districts and the boundaries of such districts may be obtained from the board of
county commissioners, the county clerk and recorder, or the county assessor.
Note: Colorado Division of Insurance Regulations 3 -5 -1, Subparagraph (7) (E) requires that "Every title entity shall
be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts
the closing and is responsible for recording or filing of legal documents resulting from the transaction which was
closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording
the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the
Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception
No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the
following conditions:
A. The land described in Schedule A of this commitment must be a single - family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on
the land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's
and Materialmen's Liens.
D. The Company must receive payment of the appropriate premium
E. If there has been construction, improvements or major repairs undertaken on the properly to be purchased,
within six months prior to the Date of the Commitment, the requirements to obtain coverage for
unrecorded liens will include: disclosure of certain construction information; financial information as to
the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity
agreements satisfactory to the company; and, any additional requirements as may be necessary after an
examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to C.R.S. 10 -11 -123, notice is hereby given:
A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals, or geothermal energy in the property; and
B. That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions,
in Schedule B, Section 2.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES
REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED
00002v
STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also
require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal
information. This privacy notice is distributed on behalf ofthe Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to
Title V ofthe Gramm - Leach- Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This information can
include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to
process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information;
For our everyday business purposes — to process your transactions and maintain you
account This may include running the business and managing customer accounts, such m
Yes
No
processing transactions, mailing, and auditing services, and responding to court orders and
legal investigations.
For our marketing purposes — to offer ou products and services to you.
Yes
No
For joint marketing with other financial companies
No
We don't share
For our affiliates' everyday business purposes— information about you transactions and
experiences. Affiliates are companies related by common ownership or control. They can be
Yes
No
financial and nonfinancial companies. Our affiliates may include companies with a Stewart
name; financial companies, such as Stewart Title Company
For our affiliates' everyday business purposes— information about you
No
We don't share
creditworthiness.
For our affiliates to market to you
Yes
No
For non- affiliates to market to you. Non - affiliates are companies not related by common
No
We don't share
ownership or control. They can be financial and nonfinancial companies.
We may disclose you personal information to ou affiliates or to non - affiliates as permitted by law. If you request a transaction with a non-
affiliate, such as a third party insurance company, we will disclose you personal information to that non - affiliate. [We do not control thew
subsequent use of information, and suggest you refer to their privacy notices.)
How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a transaction.
about their practices?
How do the Stewart Title Companies protect my To protect you personal information from unauthorized access and use, we use security
personal informat ion? measures that comply with federal and state law. These measures include computer, file,
and budding saf eguards.
How do the Stewart Title Companies collect my We collect you personal information, for example, when you
personal information? . request insurance- related services
. provide such information to us
We also collect you personal information from odhers, such w the real estate agent or
lender involved in your transaction, credit reporting agencies, affiliates orotheco
What sharing can I limit? Although federal and state law give you the might to limit sharing (e.g., opt ran) in certain
instainoca we do not share yaw personal information in those instances.
If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company,
1980 Post Oak Blvd. , Privacy Officer, Houston Texas 77056
000024
Stewart Title
DISCLOSURE
The title company, Stewart Title -Aspen Division in its capacity as escrow agent, has been authorized to
receive funds and disburse them when all funds received are either: (a) available for immediate
withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are
available for immediate withdrawal as a consequence of an agreement of a financial institution in which
the funds are to be deposited or a financial institution upon which the funds are to be drawn.
The title company is disclosing to you that the financial institution may provide the title company with
computer accounting or auditing services, or other bank services, either directly or through a separate
entity which may or may not be affiliated with the title company. This separate entity may charge the
financial institution reasonable and proper compensation for these services and retain any profits there
from.
The title company may also receive benefits from the financial institution in the form of advantageous
interest rates on loan, sometimes referred to as preferred rate loan programs, relating to loans the title
company has with the financial institution. The title company shall not be liable for any interest or other
charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any
time. In the event that the parties to this transaction have agreed to have interest on earnest money
deposit transferred to a fund established for the purpose of providing affordable housing to Colorado
residents, then the earnest money shall remain in an account designated for such purpose, and the interest
money shall be delivered to the title company at closing.
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this
Commitment other than those shown in Schedule B hereof, and shall fail to disclose such
knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure
to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the
Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of
this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
Liability of the Company under this Commitment shall be only to the named proposed Insured and
such parties included under the definition of Insured in the form of policy or policies committed for
and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with
the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such
liability exceed the amount stated in Schedule A for the policy or policies committed for and such
liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions
from Coverage of the form of policy or policies committed for in favor of the proposed Insured
which are hereby incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of
title or a report of the condition of title. Any action or actions or rights of action that the proposed
Insured may have or may bring against the Company arising out of the status of the title to the estate
or interest or the status of the mortgage thereon covered by this Commitment must be based on and
are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured
as the exclusive remedy of the parties. You may review a copy of the arbitration rules at
www.alta.ore
; t
title guaranty company
All notices required to be given the Company and any statement in writing required to be famished the Company shall be
addressed to it at P.O. Box 2029, Houston, Texas 77252.
000026
ATTACHMENT 4:
Parcel Description, Including Legal Description, And an 8 -1/2"X 11" Vicinity Map Locating the Subject Property within
Pitkin County
Address: 1500 Sopris Mountain Ranch Road, Basalt, Co 81621
Legal Description: Lot 35, Sopris Mountain Ranch Subdivision
Vicinity Map:
ACTIVITY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID # 2465- 342 -01 -006 Page 16
000027
ATTACHMENT 5:
Previous Land Use Approvals
ACTIVITY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID # 2465 - 342 -01-006 Page 17
EAV In IBIT A
RESOLUTION OF THE PITKIN COUNTY BOARD OF COUNTY
APPROVING 1041, GENERAL SUBMISSION AND BOUNDARY LINE
FOR A PORTION OF THE SOPRIS MOUNTAIN RANCH TRACTS
RESOLUTION NO. 98 -Q�l7/
WEREIS, on December 10, 1991, the Board of County
Commissioners (hereinafter the "BOCCI') reviewed the Sopris Mountain
Ranch application for 1041 Hazard Review, General Submission and
Boundary Line Adjustments for Lots 2 and 54 (non - collectively
J:NW parcel 54), 6, 10, 12, 13, 14,'15, 16, 17, 18, 19, 20, 21, 22, 24,
V� 25 31 32 33 34 6 37 40 41 43 44 45 46 47 48 52 and
53 of the Sopris Mountain Ranch tracts, which lots are included in
the legal description found in Exhibit " A " ; and
WBEREIB, the Pitkin County Planning and Zoning Commission
(hereinafter the "Commission ") reviewed the application on
September 3,1991 and recommended approval with conditions; and
AHEREES, the applicants represent 31 of the 50 tracts within
the Sopris Mountain Ranch tracts; and
WRERM, the combined application provides the County with the
ability to review the cumulative impacts of development on
wildlife, wildfire and public services; and
WOW, THERWORE, BE IT RESOLVED by tha BOCC that they do hereby
grant approval to the following Sopris Mountain Ranch tracts (Lots
.0 2 and 54 (non - collectively parcel 54), 6, 10, 122,, 13, 14, 15, 16,
LA
-�' 17, 18, 19, 20, 21, 22, 24, 25, 31, 32, 33, 34, 37, 40, 41,
43, 44, 45, 46, 47, 48, 52, and 53) for 1041 Hazard Review, General
1111111111 IM I111IINIII 1 NCI N 11
494894 99 /19/197 93 =18r R090LOTtON
3 of 11 R 9.99 0 9.99 N 9.09 'ITKIN COtMTY CLERK
000029
Resolution No.
Page 2
Submission and Boundary Line Adjustments with the following
conditions of approval:
aenaral Submission Conditions
i. All utilities shall be buried within roadways.
L O+ 3 5 2. Street names shall be clearly marked.
3. Prior to issuance of any building permits, the applicants
shall supply the Sheriffs Department and Fire District
with a final subdivision plat.
4. Prior to issuance of any building permits for lots
contained in this approval, the applicants shall
construct and have an operational 10,000 gallon cistern
or pond on Lot 14. The final design and construction of
the tank or pond shall meet the approval of the Basalt
Fire Protection District. The tank shall be buried and
the ground shall be revegetated within one year of the
disturbance.
5. Two 10,000 useable gallons of water shall be provided
within cisterns, or ponds, and shall be located in
Sections 32 and 34. These shall be available for
wildfire and structural. fire safety. Each water source
shall be clearly marked for emergency purposes. The
location, design and construction of these water sources
shall be approved by the Colorado State Forest service
and Basalt Fire Protection District prior to issuance of
any building permits for lots covered by this approval
(see Condition 04 above for conditions regarding
revegetation). The tank shall be buried and the ground
shall be revegetated within one year of the disturbance.'
G. Prior to issuance of any building parmits for structures
located off newly constructed Road 17, the road and
driveways shall meat County approval. The road shall be'
reviewed by the Fire District and State Forest Service
prior to final approval by the County. The County
Planning staff and Engineering staff may approve the road,
design; however, if any conflicts between the staff and
applicant arise, the issue shall be referred to the B='.
for final resolution.
7. Two acres of Lot 54 shall be dedicated to the Fire .
District for the purpose of creating a fire substation.'
A specific plan for the substation and rezoning of the
parcel shall be required by the Fire District prior to
construction or approval of the use.
Resolution No. -��
Page 3
S. No rooflines shall protrude above ridgelines as viewed
from the County road right -of -way.
9. The principal structures on the upper Lots (numbers 17
through 22, 24 and 23) shall be limited in size to SO,o00
square feet of floor area. Those structures and all
other outbuildings or accessory structures on the lot
shall be reviewed and approved, prior to issuance of a
building permit, by the Division of wildlife based on
sensitivity to wildlife concerns.
10. Prior to construction of the road or any home sites
served by the new road (Lots 17 through 22, 24 and 25),
the applicants shall submit a complete and comprahensiva
drainage and erosion control plan to be reviewed and
approved by the County Engineer-relative to new road #7.
The County Planning staff and the Engineering staff may
approve the final plans; however, if a conflict arises
between the applicant and the staff, the issue shall be
brought befora the 80CC for final resolution.
8. 1041 Hazard Review Conditions
lA3P 1. Wildfire �+ 3 ` 4
J ,f 3 A. The applic"shall abide by the following wildfire
requirements and, in addition, each homeowner shall
be required to complete a lot specific wildfire
management plan with the Colorado State Forest
Service prior to the issuance of a building permit
(this applies to lots 10, 13, 15, 17, 19, 21, 22,
24, 25, 31, 32, 33, 34, 36, 37, 40, 42, 43, 44, 48).
The lot specific plan will allow each homeowner to
accommodate individual needs as wall as accomplish
the following requirements:
1) No vegetative manipulation shall occur outside
of the established activity envelope. All
wildfire mitigation which requires vegetative
manipulation must be accommodated within the
activity envelope as established.
2) None of the building envelopes shall be located
in draws, canyons or on slopes greater than
304.
3) All of the structures shall incorporate
landscaping with wildfire defensible space
considerations as follows:
111 IIII III IIII0111 M I II Ih
4/18!4 M /it /117 n s1Y RUCLUTION
8 of 11 R 8.88 O 8.88 N 8.M ►ITKIN COIRITT OLM
0000- 1
M Resolution No. -�
Page 4
a) Brush, debris and non - ornamental
vegetation should be removed a minimum 10
foot perimeter around the structures.
b) vegetation thinning and landscaping a
minimum of a 30 foot perimeter around the
structures built on flat ground (for
increased slopes, refer to CSFS Safety
Zone chart, page 13 of the Wildfire Safety
Guidelines For Rural Homeowners).
C) A minimum of a 10 foot tree crown or stand
separation within the 30 feet perimeter.
d) Pruning all branches from trees within the
30 foot perimeter to a height of 10 feet
above the ground and removal of ladder
fuels from around trees.
e) Trim all branches which extend over the
roof eaves and remove branches within 15
feet of the chimney.
f) Reduce the density of fuels within a 100
foot perimeter of the structures.
4) Roofing material shall be of a non - combustible
material. only metal, asphalt, tile or Class
B Carti -Guard (registered brand name) Red Label
shakes and shingles utilizing Class B
construction techniques (1/2" minimum solid
sheathing) or better, shall comply with this
provision.
5) Any additional proposed buildings within the
building envelopes shall incorporate wildfire
hazard mitigation measures.
C) The Wildfire Managemant Plan shall * 1
incorporated into the covenants for the ranch
for the parcels included within this
application. Such covenants shall ensure that.
the wildfire provisions are adegaatelp
maintained by the homeowners over time. A ceDY
of the revised covenants shall be submitted to
the Planning office prior to issuance of a"
building permits.
B. Fuel breaks shall be incorporated into all access
roadways within the subdivision where necessary.
The fuel breaks shall be 100 feet on each side of
000032
Resolution No.
Page 5
the roadway. The applicants shall devise a plan for
such fuel breaks in association with the Colorado
State Forest .Service. This plan shall be
implemented prior to the issuance of building
permits for lots accessed off of the newly
constructed road 47 (Lots 17 -22, 24 i 25).
C. Each home shall be required to have a sprinkler
system. The design of such a system shall be
reviewed and approved by the Fire District prior to
final approval of a building permit.
D. The following lots wars inspected and determined to
be low or medium hazard: 54, 6, 52, 53, 12, 16, 14,
41, 45, 46, 47, 18, 20, and 21. These lots shall
provide a 10 foot clearing around the structure plus'
a defensible space thinning within 30 feat of the
structure. The defensible space thinning shall
reduce the density of the brush so that patches are
no more than 10 feet across, and should leave at
least 10 feet of space between these patches.
f.. 2. Wildlife
^^ a. Prior to issuance of any building permits, the
3!5 applicants shall develop a Wildlife Management Plan
which shall be incorporated in all development
occurring within the subdivision. At a minimum, the
plan shall address.the following issues:
1) Centralization of trash receptacles and bear -
proofing of such areas.
2) Limited hunting with primitive weapons.
3) Cattle management.
4) Timing of the construction of the homes on Lots
17 -22, 24 and 25.
5) Time limitations on recreational activities on
the upper portion of the ranch May 15 through
June 21. 1
6) Future fences and replacement of existing
fences.
7) No dogs shall be allowed.
8) Maintain native vegetation outside of the
building envelopes.
E
000033
Resolution No.-�/
Page 6
9) Maintain 100 foot buffer along all cracks.
10) All horse grazing shall be confined to the
lower pastures.
11) All utilities shall be buried within roadways.
12) No feeding of big game.
13) No fox /hound events from October 21 - June 21.
b. The map dated 6/4/92 indicates the approved building
envelopes for all lots covered by this application.
3. geolocic
a. No homesites shall encroach onto 30* slopes.
b. The applicants shall be required to implement the
following relative to new road 17:
1) All recommendations made by Dr. Nick Lampiris
in his letter dated August 14, 1991.
1. The applicants shall ravine the deeds to lots which
required boundary line adjustments. in addition, a
revised plat shall be submitted for recordation prior to
the issuance of a building permit for lots covered by
this application. Lots which require boundary line
adjustments are:
Lot
6
Lot
24
Lot
13
Lot
25
Lot
16
Lot
40
Lot
17
Lot
41
Lot
is
Lot
45
Lot
19
Lot
46
Lot
20
Lot
47
Lot
22
Lot
52
Lots 2 and 54 shall merge.
APPaOVBD by the Board at its regular meeting on December 10,
1991.
I IIII ll18 ..1.■I II III III I I II loll I.II
461094 0119/1997 W 10r RMUTICN
0 sf 11 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CLM
00003+
Resolution No.
Page 7
ATTEaTS
Jeanette dOnpa,
Deputy County Clerk
AN" ,S TO Imm.6
t �' I �, t •I 1
Timothy nitsitt,
County attorney
SOARD OF COQRRTY CMWSSIONZRS
OF PIT= COMITY, COLORADO
By '/ -.
Jim True, Chairman
Date
APPROVED AS TO CONTENT:
Gw"
summu IoII wm,
County Planning Director
1111111 10 11 11111 U 111111/11 111 11111'1
494W 25/19/1897 lati@t WSMA7ICN
E of 11 R S.M C 0.81 N S.m MKIN Comm CLUX
00003
ATTACHMENT 6:
Executed Pitkin County Community Development Agreement for Payment of Land Use Application
Fees form
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT
FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 011 -2005 establishes a fee structure for land use
applications and the payment of all processing fees is a condition precedent to a determination of application
completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of
development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense
incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be
possible at the time of application to ascertain the full extent of the costs involved in processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an
application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present
sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning
Commission and/or Board of County Commissioners to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a
determination of application completeness, APPLICANT shall pay a base fee in the amount of $ 2,310.00 which is based
on 6 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours
by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic
payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued
costs shall be grounds for suspension of processing.
PITKIN COUNTY
Cindy Houben,
Community Development Director
APPLICANT
Signature
Tom Newland
July 10, 2007
c/o Carol Cody Herder
5452 Sugar Hill Drive
Houston, TX 77056
ACTIVRY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID # 2465- 342 -01 -006
Page 18
000036
ATTACHMENT 7:
Improvement Survey
ACTIVITY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID It 2465- 342 -01 -006 Page 19
000037
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HERDER t RESIDENCE
SOPM8 MOYNTMN WWCH
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Improvement Survey Plat
Lot' 36, Sopro Abuntain Ranch �
Said Lot M' being a part of Lots A? and G(
and the South 1 /A? of the Northwest 1/4
j of Section 3-I Township B South Range $7 Pest, .
of the Sixth Principal Aeridian
' Counts/ of . tA*4 ,State q/ COAVVIdo
And bd*w more A414 deseribed below.
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ATTACHMENT 8:
Proposed Site Plan
ACTIVITY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID # 2465- 342 -01-006 Page 20
00003y
I.
000040
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ATTACHMENT 9:
Wildfire Assessment
ACTIVRY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID k 2465- 342 -01 -006 Page 21
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HOUGLAND & ASSOCIATES
CONSULTING ON WILDFIRE HAZARD MITIGATION,
FIRE PROTECTION AND BUILDING & FIRE CODES
PHONE (970) 384 -1221 / FAX (970) 384 -1331 —17 GAMBA DRIVE, GLENWOOD SPRINGS, COLORADO 81601
firesafe(a)Sopris.net
May 18, 2011
Mr. Tom Newland
Newland Project Resources, Inc.
P.O. Box 4815
Basalt, CO 81621
(970) 927 -4645 ph
Subject: Wildfire Hazard Mitigation for the Herder Property, Lot 35, Sopris
Mountain Ranch Subdivision, Pitkin County, Colorado.
Dear Mr. Newland,
Thanks for meeting with me at the Herder property on Thursday the 12� to orient
me to the site and provide me with an Improvement Survey Plat. Thanks too for later
sending me a pdf with the location of the proposed house. I remained on site to walk the
property and take some photos. I also appreciate Max Filiss of Divide Creek Builders
meeting on site with me on Tuesday the 17 to go over some additional information. I
will qualify my observations as those of conditions as they now exist.
The proposed building site is generally on a slope of less than 15 %. At about 40-
feet southeast of the house the down slope increases to approximately 20/25 %. The
vegetation is a mix of 12 to 15 -foot oak, 4 -foot +/- sage brush, scattered service berry up
to 10 -feet in height and native grass that appears to attain a height of approximately 3-
feet. The mix of vegetation is mostly continuous around the building envelope with some
natural clustering of oak that is typical of the area. Much of the proposed building site
resembles that of a Medium Wildfire Hazard and provides an opportunity for the
establishment of defensible space. The continuity of the vegetation and the steeper slopes
on the east portion of the building envelope indicate a higher hazard and will require
additional vegetation management to maintain the site as a Medium Wildfire Hazard
area.
Vegetation Management and Modification Recommended:
1. Around the proposed house and beyond the furthermost projection of combustible
construction for a distance of 15 -feet the area should be of primarily noncombustible
hard scape surfaces, low growing perennials, flowerbeds, cut grass and deciduous,
well - trimmed and irrigated plants. Woody vegetation should not be planted within
this area. Firewood or other combustible materials should not be stored within this
area. If the owner would like to have ornamental trees near the house this may be
done if the 15 -foot area is extended outward from the furthest growth expected from
1111 +•
the mature trees. In other words, these trees should have defensible space as the
buildings do.
2. Beyond the 15 -foot area up to 40 -feet of building and 60 -feet of the building to the
southeast, maintain natural and/or irrigated grass at less than 6- inches and thin
existing trees and brush into individual or clusters. Oak, and sage brush should be
thinned and clustered. Much of the oak is naturally clustered in this area and that can
be taken advantage of. Limbs should be pruned to one half the height of the tree or
10 -feet whichever is less. No brush or shrubs which when mature will be tall enough
act as ladder fuel should be provided or maintained around the trees. Clusters of
bushes or shrubs should be separated from each other and from those beyond the 35-
foot area by a distance of 2 Y2 times the height of the mature vegetation. The
diameter of a cluster should be limited to 2 Yz times the height of the mature
vegetation. As an example: If the expected mature height of the vegetation is 10 feet
then the diameter of the cluster should be no greater than 25 feet and the distance
between clusters should be greater than 25 feet. Ideally the plant material growing
between trees and clusters of bushes or shrubs is grass maintained at 6- inches or less.
Thin and remove lower branches of brush or shrubs within clusters or individual
plants to eliminate ladder fuel. Most of the shrubs that will be cut are vigorous
sprouting plants and the cut ends should be treated with a product named Garlon® or
an equivalent by a by person licensed to apply herbicides. Cut materials should be
either removed or chipped and spread.
3. Remove or chip all standing dead and deadfall within 100 -feet of any buildings on the
property.
MEDIUM WILDFIRE HAZARD AREAS:
New Construction, Additions:
Pitkin County has Structural Design and Construction Requirements, the following are
paraphrased from the Pitkin County Land Use Code, chapter 7, Section 7 -20 -60 Wildfire
Hazards and may or may not contain exact language but it is intended to be consistent
with the intent and purpose of the Pitkin County requirements:
Roofs shall be constructed with a Class -A roof assembly as defined in the 2003
International Building Code (IBC) Section 1505.2. Wood shake /shingle roof coverings
are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not
permitted in wildfire areas unless they comply with the following:
1) All roof coverings shall be Class -A materials approved for installation on
a Class -A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural
process of clearing the roof.
3) All roof designs shall facilitate the natural process of clearing roof debris.
Protrusions above the roof line, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted building code and shall
have a minimum slope of 1:48.
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✓ `'
5) All roof designs, coverings or equivalent assemblies shall be specifically
approved by the Fire Marshal prior to submittal of a building permit
application.
6) Vents: Soffit Vents shall be located in the outer 1 /3` of the overhang and
screened with corrosive resistant wire mesh, with mesh one - fourth inch
(' /a ") maximum.
Maintenance:
a) Roofs and gutters shall be kept clear of debris.
b) Area shall be kept clear of all litter, slash and flammable debris.
C) All flammable materials shall be stored on a parallel contour a minimum
of fifteen feet (15') away from any structure.
d) Weeds and grasses within the fifteen -foot (15') perimeter and under trees
shall be maintained to a height of not more than six inches (6 ").
Miscellaneous:
a) Firewood/wood piles shall be stacked on a parallel contour a minim of
fifteen feet (15') away from the structure.
b) Fences shall be kept clear of brush and debris.
C) Wood fences shall not connect to the structure.
d) Any outbuildings or additional structures shall adhere to the same
standards as structures.
e) Each structure shall have a minimum of one ten (10) pound Class ABC
fire extinguisher.
f) Addresses shall be clearly marked with two -inch (2 ") non - combustible
letters and shall be visible at the primary point of access from the public or
common access road and installed on a non - combustible post.
I also recommend a publication titled "Firewise Construction Design and Materials"
available from the Colorado State Forest Service.
If you have comments, questions or require additional information please contact me.
Sincerely,
Art Hougland
NOTICE: This Wildfire Hazard Mitigation Analysis along with observations and
recommendations is intended to be an aid to the owner, architect and vegetation management
and/or landscape design and implementation professionals in the development of defensible space
and of fire wise construction documents. The review of the existing wildfire hazard potential on
this property and the observations and recommendations for the mitigation of these hazards does
not constitute an acceptance of any responsibility by Hougland & Associates for errors, omissions
illll� i
Michael Kraemer
From: Ben S. Genshaft, Esq. [ben @thomasgenshaft.com]
Sent: Friday, May 27, 20119:26 AM
To: Michael Kraemer
Cc: Tom Newland
Subject: RE: Lot 35 Sopris Mt. Ranch
Mike:
It is important for title insurance purposes that any new approvals expressly "supersede and replace" any prior 1041
approvals issued by the County. Do you see any issues with this, or will the County be ok with including that language in
the approval resolutions?
Thanks,
Ben
From: Michael Kraemer [mailto: Michael .Kraemer @co.pitkin.co.us]
Sent: Friday, May 27, 20118:57 AM
To: Tom Newland
Cc: charlie herder; Max Filiss; Ben S. Genshaft, Esq.
Subject: RE: Lot 35 Sopris Mt. Ranch
Got it. I'll put if in your application. Thanks.
Mike
From: Tom Newland [mailto:tomn @sopris.net]
Sent: Friday, May 27, 20118:01 AM
To: Michael Kraemer
Cc: charlie herder; Max Filiss; Ben S. Genshaft, Esq.
Subject: Lot 35 Sopris Mt. Ranch
Mike:
I discovered a small typo on the first place of the land use application.
Instead of saying that "Mountain Wildfire Limited Partnership" is the applicant, I meant to say "Mountain Wildflower
Limited Parnetership" is the applicant.
Attached is a new first page of the application with the correct applicant stated.
Thanks
Tom
1111'
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on August 19, 2011, the Pitkin
County Community Development Director granted approval for the Approving the
Schneider Activity Envelope and Site Plan with Scenic Review (Case PO41 -11; Deter. #61-
2011). The property is located at 1500 Sopris Mountain Ranch Road and is legally
described as Lot 35, Sopris Mountain Ranch. The State Parcel Identification Number for
the property is 2465- 342 -01 -006. 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 SEPTEMBER 4, 2011.
PUBLIC NOTICE
RE: Schneider Activity Envelope and Site Plan with Scenic Review (Case PO41 -11)
NOTICE IS HEREBY GIVEN that an application has been submitted by William and
Lillian Schneider (0029 Waterford Lake, Spring, TX 77381) requesting to obtain Activity
Envelope and Site Plan Review approval for construction of a single family residence on
a vacant lot. The property is located at 1500 Sopris Mountain Ranch Road and is legally
described as Lot 35, Sopris Mountain Ranch. The State Parcel Identification Number for
the property is 2465- 342 -01 -006. 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 Mike Kraemer at (970) 920 -5482.
Published in the Aspen Times Weekly on June 19, 2011.
Attention All Property Owners within 300' of the subject 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 July 19, 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, `CA \ 1V It \G.h (A , 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 30 days prior to the public hearing toll owners of property within 300' to the subject property,
as indicated on the attached list, on the VC day of %9ve- , 2015 (which is'b \days prior to the
public hearing date of ]Kw. 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 hearing.
2. By posting a sign in aConspicuous place on the subject property (as it could be seen from the nearest
public way) on the 1_ day of 73�"� -, 201L, which is at least fifteen (15) days prior to the
public hearing. A photograph of the posted sign is attached hereto. -1�
V „
Applicant's name
(Attach photograph here)
WcO6FgXaili - Q ""f 4avlf
Signed before me this_Yeday of V✓�
2011by
- Fop),.
WITNESS MY HAND AND CIFFI AL SEAL
My commission expires: D /
Notary is
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Notary Public's Signature
T 140T L NEWLA��ID
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STATE OF COLORADO
MY COMMISSION EXPIRES 912112014
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Michael Kraemer
From: Groves, John [John.Groves @state.co.us]
Sent: Wednesday, August 10, 20112:04 PM
To: Michael Kraemer
Subject: RE: Schneider - Sopris Mountain Ranch Lot 35
Michael,
I can't seem to get the application to open to see where the activity envelope will be on the property. Based on the
photo as long as it is located nearer the road to the west side of the property and there is no removal of native
vegetation it should have little impact on wintering elk. There is already disturbance coming from the two houses in
close proximity.
Probably more importantly is to get our standard bear wording incorporated into the approvals. This is an area with
quite a bit of bear activity, and if people get complacent we could start having conflicts arise.
Sorry for the delayed response, I've been out of town.
John
John Groves
District Wildlife Manager
Carbondale
970- 947 -2933
From: Michael Kraemer [mailto: Michael .Kraemer @co.pitkin.co. us]
Sent: Tuesday, August 02, 2011 11:52 AM
To: Groves, John
Subject: Schneider - Sopris Mountain Ranch Lot 35
Hey John — do you have any comments on this application?
http: / /www.aspenpitkin.com/ Portals /0 /docs /county /Com %20Dev /Planning /Land Use Applications /PO41 11 app.pdf
We have it mapped adjacent to /within elk winter range. See attachment map — lot highlighted in orange.
Mike
Mike Kraemer
Planner
Community Development Department
Pitkin County
130 S Galena Street Aspen, CO 81611
970 920 5482(phone) 970.920 5439(tax)
michaelkraemerOco.pitkin.co. us
Email secured by Check Point
I OT
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
June 8, 2011
Tom Newland
417 Original Road
Basalt, CO 81621
tomnAmpris.net
Re: Schneider Activity Envelope and Site Plan with Scenic Review
(PID #2465- 342 -01 -006; Case# PO41 -11)
Dear Mr. Newland:
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 June 19, 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 19"' day of July, 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.
By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on the 0 day of July, 2011, which is at least fifteen (15) days prior to July 19, 2011. This
must be submitted prior to any approvals being granted.
If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit Code Section 2 -20 -100
Bonnie Waechtler
To: 'bharding@basaltfire.org'; 'newman @sopris.net; 'normanclasen@gmail.com';
I emmacaucusl 405@sopris. net'; 'smranch @rof.net'; Catherine Berg
Cc: 'bbishop @basaltrire.org'; 'pmaddux @gmail.com'
Subject: Pitkin County Land Use Schneider application
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 District
Emma Caucus
Sopris Mountain Ranch Homeowners Association
Pitkin County Engineer
FROM: Mike Kraemer, Community Development Department
M ichael.kraemer(cco.yitkin.co. us
Re: Schneider Activity Envelope and Site Plan with Scenic Review
(PID 2465- 342 -01 4)06; Case PO41 -31)
DATE: June 8, 2011
Attached for your review and comments are materials for an application submitted by William and Lillian Schneider. The
Pitkin County Community Development Director will review the application.
Please return your comments to me by Tuesday, July 19, 2011.
htti / /www.aspenpitkin.com/ Portals /0 /docs /county /Com%2ODeV /Planning /Land Use Applications /PO41 11 app pdf
If you require a paper copy of this application contact Bonnie Waechtler at bonnie .waechtlerCdco.pitkin.co.us or 920-
5109.
Thank you.
PITKIN CONTY COMMUNITY DEVELCOENT
Permit Receipt
RECEIPT NUMBER 00030932
Name: Newland Project Resources Inc Date:5/24/2011
Project Address: 1500 SOPRIS MTN RANCH RD
Type:
check # 4336
Permit Numbe
0041.2011.PLAN
0041.2011.PLAN
0041.2011.PLAN
0041.2011.PLAN
Fee Description
PP- Flat Fee
PP- Clerk Tech Fee
PP- Public Notice Fee
PP- Planning Eng Referral Fee
Total:
Amount
3,744.00
25.00
54.00
624.00
4,447.00
0