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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 This application was withdrawn.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 Lot 35 Colorado Hunting Atlas ya °N m aa w $arH RAF 0 L dd M*b", C sPP"T M do FyM_ fOO m �lxrs Me °ny' ieoon 0.d 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 0u0038 r w HERDER t RESIDENCE SOPM8 MOYNTMN WWCH Amu I 1, ,mew 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. or floe of mw • IIMIw,Y1wf Mr d a Ld Ain E - • "r+"•r �' sw barb" .w r M "Oft MwM+ ww M M.rwwe fYwV a a � r yw i•w w•.rrwwts Ain fw+iw (°. 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I " � ...b A� `, `a"•r'' � �/. �Ilfw _ a,� r ar�srre IV ss P"S I. :S « 727 B/°4w Awnw afflowd sorkm C01°rodo B/B01 (970) 929 -9708 (FAX 947 -9007) M /YH hew0 • www ✓0µG0 •+Q M fw hmfw . �••. r w6G• fwt haft 0 M*A r FMO "t y � w0•r �feYw M=%mm.: awwn AA M•Mf007w/It.fWw !a Mw. wM mw ww a.ww ww nar nwr.w +w i ... "ww .•ww 700P LIN f• frf a M OY•f N fwfaw• 17. AfwMlhfM• Oww1w r M Gwnw0yMMpawf Oawr nrrMw n•W A, OGGf w OwyLla Y LwtNa Alw w •M M M /01I hY•. AYM• /Yf /wt11w w hbwAa AM .mQ /w wwrs•w fwrwea°we ! ' inw•'U (a•www L AM w�fy fMf . wwwMiw' LwI •Her a �fYy G•rM A hw•, wrlp• Nw fY• ` w•wlwwf wwB M wwY wwr a/ w•wab IN" Yw , .re wart a M fwf rwywM wf ffaaM now ,o., °'°"' f�wsw'waw M afw. """" xnt w Lot 35- > AM M w�auff wf °MywwwMr -- - - - - -= M ✓M,•w{ fw w M w•MbwY ww M w.Mr w W .(YM� wwp w k M•wtyww/ r � r M1q w WiaMO W /wf r wMMe4 AOI ne* u smw Gfa i J +! Aw.1. A1bwf . r GRAM SCALE 1ar.w w Improvement Survey Plat jJ}n1 pp'E 00, in mly £a•wn f �1 (f• f"•wn w #Of rw•wdfd aw Mw { Lot 35 •rn,.fw f s% i f Lot 35, Sopris ifounII Ranch NGrM•owf C~ n JO29 twmd' • rww0 w fwNOwr ws ao L.a pan j. 1 0210912011 of 1 1. Aw.1. A1bwf . r GRAM SCALE 1ar.w w Improvement Survey Plat jJ}n1 pp'E 00, in mly £a•wn f �1 (f• f"•wn w #Of rw•wdfd aw Mw { Lot 35 •rn,.fw f s% i f Lot 35, Sopris ifounII Ranch NGrM•owf C~ n JO29 twmd' • rww0 w fwNOwr ws ao L.a pan j. 1 0210912011 of 1 1. ATTACHMENT 8: Proposed Site Plan ACTIVITY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID # 2465- 342 -01-006 Page 20 00003y I. 000040 HERDER RESIDENCE ' Ai� SOME MOUNTAIN RANCH AAA , w i t It )^ � ...111 +r•r_ V, n � 01 yam It `; I M h / ' ;, ' I�' II (� / ,y' -✓! �•�f�,,,,,f � FpWpW,,..p1w�@ I 1 � �'.., / �``�/ � `��,JJ d ry/ C •�• � ., / tir } ,-C r � � * \ \ ��.. - \- � �. / A A l -� . 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WAJW ATTACHMENT 9: Wildfire Assessment ACTIVRY ENVELOPE & SITE PLAN APPROVAL REQUEST - SPID k 2465- 342 -01 -006 Page 21 000045 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. 000047 ✓ `' 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 fL Notary Public's Signature T 140T L NEWLA��ID rtoTARV Pusuc STATE OF COLORADO MY COMMISSION EXPIRES 912112014 Iz z 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