HomeMy WebLinkAboutpitkin.planning.272909200009 (2)DOCUMENT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P &Z
Ordinance for the BOCC and/or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
RECEPTION #: 580976,07/05/2011 at
12:53:43 PM,
1 OF 7, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
ADMINLSTRATIVE DECISION OF THE PITHIN COUNTY, COLORADO, COMMUNITY
DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE MILE ACTIVITY
ENVELOPE
Administrative Decision No. S.L1 L - 2011
RECITALS
Christian Mile (hereafter referred to as the "Applicant") has applied to the Community
Development Director of Pitkin County, Colorado ("Director") for Activity Envelope Review in
effort to remedy a Notice of Violation (NOV) issued on December 6, 2010 for illegal removal of
riparian habitat along the Crystal River.
2. The parcel is located at Hwy 15360 Hwy 133, off Irwin Drive. PID#: 272909200009 (Legal
Description, Attachment A).
The parcel is approximately 1.2 acres, is in the AR -2 zone district, and is nonconforming in size.
4. No previous land use approvals apply to the parcel. A residence was constructed in 1983 and
obtained a building permit.
5. The parcel is bounded by the Crystal River to the east which includes a steep bank leading down to
the River. The areas adjacent to the River and immediately upland of the bank are the subject of the
NOV.
6. Staff conducted a site visit on May 31�, 2011 to review the proposed restoration plan. The plan can
be viewed as Attachment B.
This restoration plan was reviewed by the Zoning Officer for compliance. The Zoning Officer has
approved this plan.
8. For the restoration plan to be implemented, a reduction in the 100' stream side setback must be
granted. Therefore, the Director finds that the stream setback reduction request can be considered
consistent with the standards set forth in Section 7- 20- 80(ax4xa) of the Code.
APPROVED by the Director, subject to the following conditions:
1. The Applicant shall adhere to all material representations made in the current or prior applications or
in public meetings or hearings and shall consider those representations to be conditions of approval,
unless amended by other conditions.
2. Prior to commencement of the restoration, the Applicant is required to submit for approval by the
County Attorney and Community Development an Activity Envelope showing the approved
restoration plan in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual
Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and
recordation.
Page I of
3. The restoration shall be completed in time for inspection by Staff in the I' week of August, 2011.
Staff shall inspect the restoration for adequate growth one (1) year from the date of this approval.
4. No development shall occur outside the approved activity envelope.
5. Prior to commencement of any earthmoving or other construction activity, the Applicant shall
stake the corners of the activity envelope and install construction fencing around the construction
site within the perimeter of the building envelope.
6. Failure to comply with the conditions of this approval may result in revocation of this approval,
or any subsequent permit(s) or approval(s) related to this property, or vested rights associated
with this property.
APPROVED by the Director, this 21 ts, day of 2011.
C
Cin y Houben,
Community Development Director
PIN 272909200009
P034 -11
Page 2 of 2
Attachment A
Legal Description
I Section: 9 Township: 10 Range: 88 TRACT OF LAND CONT 1
AC M/L IN N2NW4 SEC 9 -10 -88 DESC
M/B TOGETHER WITH EASEMENTS BK 191 PG 109 BK
555
,*7qof j
EES
ELLSPERMAN ECOLOGICAL SERVICES, LLC
295 Escalaate Road
Carbondale. Coiorada 61623
976 -967 -1565
April 18, 2011
Jeff Ellis
Land and Shelter
POB 550
Carbondale, CO 81623
RE: Mile Property Restoration Plan
Dear Mr. Ellis:
In order to provide ecologically accurate restoration activities on the Mile Property, located
adjacent to the Crystal River in close proximity to the community of Redstone, biological
referencing, in terms of field study and analysis, was completed within appropriate adjacent
reaches of the Crystal River. The vegetation communities and complexes of adjacent, non -
disturbed, properties were surveyed to understand the ecological relationships present. These
biological referenced sites were compared with baseline inventories of the existing site in order
to provide guidance to restoration planning.
The Mile Property includes topography which greatly influences diversity of the riparian
corridor at this location. Steep sloping topography from the existing residence zone towards
the Crystal River provides for a narrow riparian fringe, with a quick transition from upland
ecology to riparian ecology. This is evidenced by the quick transition of typical upland woody
and herbaceous vegetation on the site to traditional riparian and, eventually, wetland
vegetation on the site.
In addition to the steep sloping topography of the site, the existing conditions of the corridor
have an influence on the ecological relationships with the Crystal River. The property includes
zones where traditional upland and riparian vegetation have been removed and excluded for
many years, typical of the entire subdivision including this property. These typical traditional
land use and maintenance practices include sod forming grasses, irrigation, and periodical
trimming of riparian shrubs in some locations.
The restoration plan for the riparian corridor on this property attempts to address restoration
of the site holistically. The plan introduces native herbaceous and woody vegetation along the
entirety of the riparian corridor of the property, connecting to the natural existing conditions of
adjacent riparian corridor. The thought process behind this strategy is to provide a greater
ecological value to the restoration process. Mature trees have been removed from the riparian
corridor of this site. Simply replanting dozens of young trees on the property that are nursery
grown and not genetically connected to the Crystal River Valley, in order to replace the loss of
these trees, is short- sighted in terms of the value of a more holistic restoration process. A
better approach is to use this opportunity to connect the riparian corridor to native conditions
and provide a catalyst for restoration of the corridor within this specific property.
The restoration guidance provided as a part of this planning process utilizes accurate biological
referencing of adjacent, non - disturbed portions of the Crystal River Corridor as a basis of this
more holistic planning effort. Restoration activities, provided as a portion of this plan, include a
planting and seeding protocol which would be initiated in late June, 2011, after the high water
has receded on the property. This will provide field guidance as to where the native plantings
and native seeding suggested should be focused to maximize success in connection with the
existing natural hydrology of the site. This process should be complete by late July, 2011, if
weather and hydrological conditions allow. In addition to utilizing this natural hydrological
connection, these restoration plan suggestions attached include the provision for a temporary,
drip irrigation system to be installed per Pitkin County and Homeowners Association Standards
for the duration of the establishment period of the restoration.
The attached recommendations for restoration planning, including specifications, are provided
for your review. If you have any questions, please do not hesitate to contact me at any time.
Sincerely,
Stephen Ellsperman
Ellsperman Ecological Services
Mile Property Native Seeding Restoration Protocol
The seeding protocol for the Mile project will be followed carefully. The following includes
steps that will be provided in order to ensure the success of the seeding:
- Seed Inspection and Verification provided before acceptance including:
Blue Tagged Seed /State of CO Certification /Pure live Seed (PLS) certification
Seed variety/percentage of weight /noxious vegetation certification
- Seed Bed Preparation
Seed topsoil bed preparation will include rough and fine grading and areas which
are to be seeded will be seeded immediately after fine grading, which will occur
on the Mile site by hand (raking). The finished grades will be established based
upon the plans and all depressions will be filled in order to provide true line and
grade. Any undulations or irregularities will be repaired prior to seeding. The
surface will be loosened by use of hand rakes over the area to be seeded. This
will include removal of debris such as rocks or roots, etc. On this site, extensive
care will be taken to maintain seed bed preparation and grades.
- Seeding
Seeding will be accomplished by hand only on the Mile Project Site in order to
ensure excellent germination rates. Seeding will be accomplished by sowing
seed mixtures in two equal quantities by sowing one equal quantity of seed in
one direction, and then the other equal quantity in the other direction at a right
angle to the first application. Seed will be we dropped lightly and then raked
lightly to cover no deeper than X inch.
- Fertilization
The quality of topsoil is excellent on the Mile Project Site, so fertilization will be
focused on germination establishment. Biosol Natural Fertilizer (20 -26-0) will be
utilized at a rate of 40-50 pounds per acre, depending upon site location.
- Mulching
The site will be mulched with certified weed free straw, inspected and
confirmed, at a rate of 2.5 tons per acre. The mulch will be evenly applied and
inspected for proper coverage of the seeded zones.
- Tackification
The mulched seed bed will be immediately tackifled at a rate of 160 Ilbs. /per
acre. TM Roots Plus tackifier /natural plantago mulch will be utilized to tackify
the mulched seed bed to provide protection from blowing straw and to provide
an additional quickly biodegradable mulch product.
Protection
Immediately following seeding operations of specific zones, the areas will be
provided specific protection from traffic or other activities.
Irrigation
In order to provide immediate germination and establishment, the seeded zones
will be provided full irrigation of one inch of water applied uniformly and
saturated to a depth of 3 inches. This will be inspected and modified depending
upon success of the site.
Noxious Vegetation Control
Noxious vegetation will be controlled throughout the seeding zone as well as the
entire Mile Project Site. Noxious vegetation will be controlled as described in
the noxious vegetation control plan submitted to Pitkin County. The restoration
seeding as a portion of this project will be monitored extensively to immediately
control any noxious vegetation and establish the native planting palette as
quickly as possible to discourage future noxious vegetation encroachments.
- Re- Seeding
The entire areas identified in the Clear W Project as restoration seeding zones
will be inspected thoroughly throughout all phases of the project. Any areas
which failed to germinate or establish themselves in the 80% pure live
vegetation cover standard will be re- seeded until the coverage meets this
standard.
PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY
LOCATION: 15360 Hwy 133 Yelp: 2Y2yu92uuUuy
ZONING: AR -2 SIZE: 1.2 acres
OWNER: Christian Mile
REPRESENTATIVE: Jeff Ellis PHONE and EMAIL: 963.0201, jeffC landandshelter.com
DATE: June 22, 2010 (updated on 12- 17 -10) (updated 4- 22 -11) PLANNER: Mike Kraemer, 920.5482
Type of Application: Activity Envelope
Description of Project/Development: A Notice of Violation (NOV) was issued for this property for
significant removal of riparian vegetation within the 100' setback of the Crystal River. A site visit was
conducted on December 16, 2010 to document the removal and discuss remediation parameters and steps.
Also discussed was the appropriate plan to implement by the spring of 2011 planting season
Staff met with the Applicants' representatives on March 7, 2011 to discuss submittal with the concept of
imminent spring planting. However, to date an Activity Envelope Plan to remediate the violation has not
been submitted. Staff spoke with the Applicant on April 21, 2011. Staff and Applicant agreed upon a
deadline for submittal to remediate the NOV. The agreed upon date for submittal is April 29, 2011.
To remediate this violation, approval of an Activity Envelope and a remediation plan devised by a
professional in the field of horticultural must be approved and implemented. The remediation plan must
include: (1) professionally created 24x36 sheet showing location, slope, size, watering plan, erosion control
measures, etc; (2) proposed species; and (3) proposed start and completion dates.
Sec. 7- 20-10: Site Preparation and Grading
Sec. 7-20-40: Floodplain
Sec 7- 20- 80(aX4)(b): Rivers and Streams Corridors, and Wetlands
Sec. 7 -20 -130: Landscaping and vegetation Protection;
Staff will refer the application to the following agencies: CDOW and Crystal River Caucus.
Review by: Community Development Director
Public Hearing: No.
FEES: $6,265 (make check payable to " Pitkin County Treasurer")
NOV: double flat planning fee: $6,240
Planning Office flat fee: 53,120 (non - refundable; based on 10 hours of staff time. If staff review time exceeds
12 hours, the Applicant will be charged for additional time above l Ohours at a rate of $312/hour)
o Web Technology Fee: $25
*Fees double for violations*
To apply, submit 1 copy (unbound) of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and
addressing compliance with-the Code sections listed above.
2. 24" by 36" and 11" by 17" Activity Envelope and standards report as designated in Section 2.1.1 of
the Pitkin County Land Use Application Manual showing location of an activity envelope and
remediation plan;
3. Previous Land Use Approvals (if applicable);
4. Proof of ownership of subject property;
All L t_a
000001 0 -f ZO /0 l
5. Parcel description, including legal description and vicinity map;
6. Total fee for review of the application;
7. Signed fee agreement (1 copy);
8. Consent from owner(s) to process application and authorizing the representative (1 copy)
9. Copies of this pre-app form
NOTES
➢ PLEASE SUBA11TONE UNBOUNDAND ONE-SIDED COPY OF YOUR COAPLETEAPPLICATION PLEASESUBMT
TWO-SIDED COPIESOFALL REMARVING COPIES OF YOURAPPLICATION (IF POSSIBLE). THE PARCEL IDs
SHOULD BE INCLUDED ONALL DOCUAIEWISINCLUDED IN YOUR APPLICATION
➢ ALL MAPS SHALL BE FOLDED.
➢ This pre - application conference summary is advisory in nature and not binding on the County. The information provided in
this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant.
Additional information may be required upon a complete review of the application.
➢ The Pitkin County Land Use Code and Application Manual is available on -line at
http://www.aspenpitkin.comldeptsl7lplannin.e.cfin
000002
0 PRI I D: 2729 -092-00 -009
Zone District: AR -2
Land +Shelter
Architecture • Planning - Development
April 29, 2011
Mils Parcel - AcKviiy Envelope and Tiree Remediation
To: MICHAEL KRAEMER
Pitkin County Planning & Zoning
Aspen, CO 81602
970.920.5482 tel
Mike:
This summary letter is addressing a request to approve an Activity Envelope and Restoration
plan, in response to the Notice of Violation issued December 16, 2010. Trees were removed
within the 100' Stream Setback and we are requesting an exemption from the 100' stream
setback to provide adequate revegetation in the area that trees were removed. Refer to
attached Restoration letter and Restoration protocol from Ellsperman Ecological Services for
in depth detail of the proposed restoration, including watering plans, proposed start and
completion dates, etc.
Sec. 7- 20-10: Site Preparation and Grading
The proposed restoration shall not include any grading, fill, excavation, embankment, or
alteration of grade. This restoration project includes the revegetation of a riparian area within
the 100' Stream Setback and will be implemented in such a way as to minimize disturbance
and ensure that natural drainage patterns are preserved.
Sea 7- 20-40. Floodplain
The proposed restoration is not within the 100 -year floodplain area
Sea 7- 20- 80(a)(4)(b): Rivers and Streams Corridors, and Wetlands
The proposed restoration is intended to return the riparian area to natural conditions in
response to the removal of trees. In addition, the proposed restoration is in response to
previous property owners' clearing of the upland vegetation. See attached photos.
Sea 7 -20 -130: Landscaping and vegetation Protection
The proposed restoration shall comply with all landscape and vegetation protection guidelines.
Regards,
()O�
Jeff Ellis, AIA
Land + Shelter
Land + Shelter, PO Box 550, 978 Euclid Ave, 970 -963 -0201 (p) 970 - 963 -0289 (f) www.landandshelter.com
000003
0 0
EES
ELLSPERMAN ECOLOGICAL SERVICES, LLC
35 hcreme RoW
Cr6udok. colmh
970.987 -6595
April 18, 2011
Jeff Ellis
Land and Shelter
POB 550
Carbondale, CO 81623
RE: Mile Property Restoration Plan
Dear Mr. Ellis:
In order to provide ecologically accurate restoration activities on the Mile Property, located
adjacent to the Crystal River in close proximity to the community of Redstone, biological
referencing, in terms of field study and analysis, was completed within appropriate adjacent
reaches of the Crystal River. The vegetation communities and complexes of adjacent, non-
disturbed, properties were surveyed to understand the ecological relationships present. These
biological referenced sites were compared with baseline inventories of the existing site in order
to provide guidance to restoration planning.
The Mile Property includes topography which greatly influences diversity of the riparian
corridor at this location. Steep sloping topography from the existing residence zone towards
the Crystal River provides for a narrow riparian fringe, with a quick transition from upland
, ecology to riparian ecology. This is evidenced by the quick transition of typical upland woody
and herbaceous vegetation on the site to traditional riparian and, eventually, wetland
vegetation on the site.
In addition to the steep sloping topography of the site, the existing conditions of the corridor
have an influence on the ecological relationships with the Crystal River. The property includes
zones where traditional upland and riparian vegetation have been removed and excluded for
many years, typical of the entire subdivision including this property. These typical traditional
land use and maintenance practices include sod forming grasses, irrigation, and periodical
trimming of riparian shrubs in some locations.
The restoration plan for the riparian corridor on this property attempts to address restoration
of the site hoWically. The plan introduces native herbaceous and woody vegetation along the
11111
0 0
entirety of the riparian corridor of the property, connecting to the natural existing conditions of
adjacent riparian corridor. The thought process behind this strategy is to provide a greater
ecological value to the restoration process. Mature trees have been removed from the riparian
corridor of this site. Simply replanting dozens of young trees on the property that are nursery
grown and not genetically connected to the Crystal River Valley, in order to replace the loss of
these trees, is short- sighted in terms of the value of a more holistic restoration process. A
better approach is to use this opportunity to connect the riparian corridor to native conditions
and provide a catalyst for restoration of the corridor within this specific property.
The restoration guidance provided as a part of this planning process utilizes accurate biological
referencing of adjacent, non - disturbed portions of the Crystal River Corridor as a basis of this
more holistic planning effort. Restoration activities, provided as a portion of this plan, include a
planting and seeding protocol which would be initiated in late June, 2011, after the high water
has receded on the property. This will provide field guidance as to where the native plantings
and native seeding suggested should be focused to maximize success in connection with the
existing natural hydrology of the site. This process should be complete by late July, 2011, if
weather and hydrological conditions allow. in addition to utilizing this natural hydrological
connection, these restoration plan suggestions attached include the provision for a temporary,
drip irrigation system to be installed per Pitkin County and Homeowners Association Standards
for the duration of the establishment period of the restoration.
The attached recommendations for restoration planning, including specifications, are provided
for your review. If you have any questions, please do not hesitate to contact me at any time.
Sincerely,
Stephen Ellsperman
Ellsperman Ecological Services
000005
• f
Mile Property Native Seeding Restoration Protocol
The seeding protocol for the Mile project will be followed carefully. The following includes
steps that will be provided in order to ensure the success of the seeding:
- Seed Inspection and Verification provided before acceptance including:
Blue Tagged Seed /State of CO Certification /Pure Live Seed (PLS) certification
Seed variety/percentage of weight /noxious vegetation certification
- Seed Bed Preparation
Seed topsoil bed preparation will include rough and fine grading and areas which
are to be seeded will be seeded immediately after fine grading, which will occur
on the Mile site by hand (raking). The finished grades will be established based
upon the plans and all depressions will be filled in order to provide true line and
grade. Any undulations or irregularities will be repaired prior to seeding. The
surface will be loosened by use of hand rakes over the area to be seeded. This
will include removal of debris such as rocks or roots, etc. On this site, extensive
care will be taken to maintain seed bed preparation and grades.
- Seeding
Seeding will be accomplished by hand only on the Mile Project Site in order to
ensure excellent germination rates. Seeding will be accomplished by sowing
seed mixtures in two equal quantities by sowing one equal quantity of seed in
one direction, and then the other equal quantity in the other direction at a right
angle to the first application. Seed will be we dropped lightly and then raked
lightly to cover no deeper than X inch.
- Fertilization
The quality of topsoil is excellent on the Mile Project Site, so fertilization will be
focused on germination establishment. Biosol Natural Fertilizer (20 -26-0) will be
utilized at a rate of 40-50 pounds per acre, depending upon site location.
000006
i a
- Mulching
The site will be mulched with certified weed free straw, inspected and
confirmed, at a rate of 2.5 tons per acre. The mulch will be evenly applied and
inspected for proper coverage of the seeded zones.
- Tackification
The mulched seed bed will be immediately tackified at a rate of 160 Ilbs. /per
acre. TM Roots Plus tackifier /natural plantago mulch will be utilized to tackify
the mulched seed bed to provide protection from blowing straw and to provide
an additional quickly biodegradable mulch product.
Protection
Immediately following seeding operations of specific zones, the areas will be
provided specific protection from traffic or other activities.
Irrigation
In order to provide immediate germination and establishment, the seeded zones
will be provided full irrigation of one inch of water applied uniformly and
saturated to a depth of 3 inches. This will be inspected and modified depending
upon success of the site.
- Noxious Vegetation Control
Noxious vegetation will be controlled throughout the seeding zone as well as the
entire Mile Project Site. Noxious vegetation will be controlled as described in
the noxious vegetation control plan submitted to Pitkin County. The restoration
seeding as a portion of this project will be monitored extensively to immediately
control any noxious vegetation and establish the native planting palette as
quickly as possible to discourage future noxious vegetation encroachments.
- Re- Seeding
The entire areas identified in the Clear W Project as restoration seeding zones
will be inspected thoroughly throughout all phases of the project. Any areas
which failed to germinate or establish themselves in the 80% pure live
vegetation cover standard will be re- seeded until the coverage meets this
standard.
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Pitkin &Ounty Assessor /T Rasurer
Parcel Detail Information
Assessor/Treasurer Property Search I Assessor Subset Ouery I Assessor Sales Search
Clerk & Recorder Reception Search
Basic Building Characteristics I Tax Information
Parcel Detail I Value Detail I Sales Detail I Residential /Commercial Improvement Detail
Land Detail I Photogi•aphs
Tax Area
r Account Number
Parcel Number
2009 Mill Levy
019
R007576 =1
272909200009
49.007
Owner Name and Address
MILE CHRISTIAN T _
4164 HIGH RIDGE
ANN ARBOR, MI 48105
Legal Description
Section: 9 Township: 10 Range: 88 TRACT OF LAND CONT 1 AC M/L
IN N2NW4 SEC 9 -10 -88 DESC
BY M/B TOGETHER WITH EASEMENTS BK 191 PG 109 BK 267
PG 555
Location
Physical Address: 15360 HWY 133 REDSTONU
Subdivision:
Land Acres: 11,
Land Sq )it: 0 Township Range
9 10 88
2010 Property Tax Valuation Information
000012
RECEPTION #: 564624, 11/18 L2009 at 03:57:30 PM, 1 OF 4, $21.00
DF' $50.50 Janice K. Vo W audill, Pitkin County, CO
® Documentary Fee $ 50.50
WARRANTY DEED
THIS DEED, made November 18, 2009,
Between JANELLE A. HONER
of the County of Hawaii, State of HI, GRANTOR,
AND CHRISTIAN T. MILE, GRANTEE
whose legal address is: 4164 High Ridge, Ann Arbor, MI 48105
of the County of Washtenaw, State of MI
WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by
these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the
real property together with improvements, If any, situate and lying and being in the County of Pitkin, State of COLORADO,
described as follows:
See Attached Exhibit "A"
•
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and
demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for hers, hers heirs and assigns, does
covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and
delivery of these presents, hers is well seized of the premises above conveyed, has good, sure, perfect, absolute and
Indefeasible estate of Inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,
sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other
grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,
except those matters as set forth on Exhibit "B" attached hereto and incorporated herein by reference. The grantor shall
and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of
the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all
genders.
IN WITNESS WHEREOF the grantor has executed this deed.
SIGNATURES ON PAGE 2
Return to: Grantee
E
00.0-01.3 . - - -- -
RECEPTION #: 564624, 11/18 2009 at 03:57:30 PM, 2 OF 4,
Janice K. Vos Caudill, Pwin County, CO •
Sent By: HPC COPY CENTER;
9347039; NOV -18 -09 11:54AM;
SIGNATURE PAGE TO WARRANTY DEED
PAGE
/I ' 1, / a /vL
ELLE A. HONER
u
E
STATE OF
COUNTY OF R4 ss
The foregoing instrument was acknovAedged before me this I 1 day of Mwwy .2009.
by JANELLE A. HONER.
WITNESS my hand and official seal
my commission expires: owl If Notary Public
B5963L4
f�OTMt �<^ m D ��
+k s 07 -146r r 'E NolaryNaarew: �
0 V r Doc. Do$"
' ;A .' ,.
OF NPo``�� VYI (MYJ
Page 6/10
Maileen M. K. Lee
0
000014_
RECEPTION$: 564624, 11/18 009 at 03:57:30 PM, 3 OF 4,
Janice K. Vos Caudill, P .Wn County, CO •
E ,
EXHIBIT "A"
LEGAL DESCRIPTION
A tract of land situated in the N 112 NW 1/4 of Section 9, Township 10 South, Range 88 West of the 6th P.M., described as
follows:
Beginning at a point whence the Witness Comer to the Northwest Corner of said Section 9 bears N 53 °43' W 962.05 feet;
thence N 44 0 23 1 30" E. 221.08 feet;
thence S 74 0 06'00" E 233.00 feet to the center of the Crystal River,
thence S 48 0 05'30" W 231.73 feet along the center of the Crystal River,
thence N 73 'W 215.00 feet to the point of beginning.
Together with an easement or right of way for road purposes as the same is now established and in use from the existing
County Road to the above described property.
0
E
RECEPTION#: 564624, 11/18 009 at 03:57:30 PM, 4 OF 4,
Janice K. Vos Caudill, PjPin County, CO O
® EXHIBIT "B"
1. Taxes for the year 2009 not yet due or payable.
2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted as reserved in United States Patent recorded May 18, 1894 in
Book 55 at Page 46.
3. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded July 22, 1983 in Book
449 at Page 101.
4. Any question, dispute or adverse claim as to any loss or gain of land as a result of any change in the river bed
location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center
thread, bank, channel or flow of waters in the Crystal River lying within subject land; and any question as to the
location of such center thread, bed, bank, bed or channel as a legal description monument or marker for the
purposes of describing or locating subject lands.
NOTE: There are no documents in the land records of the Office of the Clerk and Recorder of Pitkin County,
Colorado accurately locating past or present location(s) of the center thread, bank, bed, or channel of the above
River or indicating any alterations of the same as from time to time may have oocured.
AND
Any rights, interest or easements in favor of the riparian owners, the State of Colorado, The United States of
America, or the general public, which exist, have existed, or are claimed to exist in and over the waters and
present and past bed and banks of the Crystal River.
5. Encroachments of fence and shed on private drive and utility easement and all matters as disclosed by Survey of
• Lines In Space dated October 26, 2009 as Job No. 09 -47.
- -1 106
Parcel I D: 2729 - 092 -00 -009
(� 1 Zone District: AR -2
Land +Shelter
Architecture • Planning • Development
April 29, 2011
Mile Parcel - Parcel Description
LEGAL DESCRIPTION:
LEGAL DESCRIPTION
A TRACT OF LAND SITUATED IN THE N 1 /2NW 1 /4 OF SECTION 9,
TOWNSHIP 10 SOUTH, RANGE 88 WEST OF THE 6th PRINCIPAL MERIDIAN,
PITKIN COUNTY, COLORADO, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE WITNESS CORNER TO THE
NORTHWEST CORNER OF SAID SECTION 9 BEARS N 53 962.05
FEET; THENCE N 44 ° 23'30 "E 221.08 FEET; THENCE S 74 ° 06'E 233.00 FEET
TO THE CENTER OF THE CRYSTAL RIVER; THENCE S 48 °05'30 "W 231.73
FEET ALONG THE CENTER OF THE CRYSTAL RIVER; THENCE N 73 ° 37'00 "W
215.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1.0
ACRE MORE OR LESS.
VICINITY MAP:
15360 HWY 133
h..
» NORTH ENTRY TO REDSTONE
Land + Shelter, PO Box 550, 978 Euclid Ave, 970- 963 -0201 (p) 970 - 963 -0289 (f) www.landandsheltercom
000017
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000018
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT'
AGREEMENT FOR PAYMENT OF LANI) USE APPLICATION FEES
PITKIN COUNTY (hereinafter "COUNTY ") and C.N &fI IA^ t Lc
(hereinafter "APPLICANT") AGREE AS OLLOWS:
I. APPLICANT has submitted to COUNTY an application for S 3 f00 IJ w.' 3 3
f>S`/bs t e CD 61621 (hereinafter, the "PROJECT').
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009
establishes a fee structure for land use applications and the payment of all processing fees is a condition
precedent to a determination of application completeness. The fee structure is based on the COUNTY'S
policy that development shall pay, in full, the cost of development review in the COUNTY. Pees 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 changed 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 S which is based on _ hours of staff time, and if actual time spent
by staffto 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 thither agrees that failure to pay such
accrued costs shall be grounds for suspension of processing.
PITIQN COUNTY
t�
("APPLICANT")
By; CPAI S tdnr L E
Cindy Houben
Community Development Director
Print Name and Title (if applicable)
Date: Q 0 2 > r 10i /
Maili naAdddiesst
rn�a brn�L 135
000019
E
Christian Mile
4164 High Ride
Ann Arbor, MI 48105
April 21, 2011
Michael Kraemer
Planning and Zoning Commission
Pitkin County Colorado
Re: Mile Parcel - Activity Envelope and Tree Remediation.
Dear Michael:
This is to inform you that Chris Mile has authorized Land + Shelter of Carbondale
CO (phone 963.0201) to act as my representative in processing the above -
mentioned matter.
Regards,
CCL 4S PW U
Christian Mile
Property Owner
000020
PITKIN COUNTY CODE ENFORCEMENT
Courthouse Annex Building
530 East Main Street, Suite 302
Aspen, Colorado 81611
970429- 18141970- 379 -6872
12/6/10
NOTICE OF VIOLATION
Mr. Christian L. Mile
4164 High Ridge
Ann Arbor, MI 48105
Dear Mr. Mile,
I am the Pitkin County Code Enforcement Officer and this letter, along with the enclosed hand
written Notice, serve as a Notice of Violation of the Pitkin County Land Use Code.
A citizen informed me earlier today that several large trees were recently cut down on the
property located at 15360 Highway 133, Redstone, Co. The citizen provided photos of the
property showing several fresh tree stumps close by the Crystal River. This property is located in
Pitkin County and County Assessor records indicate you are the owner. I visited the property
later today to talk with you about the situation and noticed the same tree stumps depicted in the
photos along the river's edge. I also noted the ground has been cleared of all smaller vegetation
in the area of the tree stumps, down to the water's edge. Numerous other trees had red and
yellow surveyor tape tied around them, possibly indicating further tree / vegetation cutting.
The Pitkin County land Use Code, section 2 -20 -10 requires property owners to obtain
appropriate county permits before any development takes place on a property. The cutting of
trees and brush constitutes "development" and there are no such appropriate permits for this
property on record. Furthermore, the Land Use Code, section 7 -20 -80 prohibits development,
including tree and vegetation cutting and removal within 100' of a waterway. In this situation the
cut trees and vegetation are very near the river and inside of 100' from it. Consequently, this
property is in violation of the Pitkin County Land Use Code.
As stated on the hand written Notice that I left at the front door of your property today, please do
the following to cure this violation:
1) Stop all tree and vegetation cutting /removal on the property immediately.
2) Contact Mike Kraemer of Pitkin County Community Development (970- 920 -5482)
before end of day, 12/13/10. Mike will discuss this situation with you and will inform
you of the specific steps you must take to cure the violation. Please be aware that the
cure will include a site visit by county staff with you or your representative and will
likely include the required replacement of all removed trees and vegetation as soon as
reasonably possible.
/ C)-� 1 v
Per County policy, no permits or land use applications will be accepted for this property until
this Violation is 100% cured.
The County Land Use Code is available on -line at this link:
htti)://www.aMpiLtk-in.com/Departinents/County-C . Note that Title 8 Land Use Code is
pertinent and Section 2 -20 -10 (referenced above) is under Chapter 2 and Section 7 -20 -80 is
under Chapter 7.
Thank you for your prompt attention to this situation; I am available at 970 -429 -2814 to answer
your questions about the violation.
Sincerely,
Carrington Brown
Pitkin County Code Enforcement
Cc: John Ely, Pitkin County Attorney
Mike Kraemer, Pitkin County Community Development
0
Michael Kraemer
From: Michael Kraemer
Sent: Thursday, June 30, 2011 12:42 PM
To: 'Jeff Ellis'
Cc: Carrington Brown
Subject: RE: Mile schedule/approval
Jeff,
Thank you for the update.
We have been explicitly clear that it is the County's intention to implement an approved restoration plan to remedy the
NOV for the property in a fashion that is "sooner than later'.
With this said, a NOV was issued for the property on in December 6, 2010. A pre -app to remedy the violation was issued
on December 17, 2010 and updated April 22, 2011. The agreed upon submittal date for the remedy to the NOV was
April 29, 2011. County Staff conducted a site visit to view the property and understand the restoration plan on May
31 Staff was primed to issue an approval for the application on or around June 9 with a condition that establishes an
implementation date that was mutually acceptable to Staff and you. This date was verbally agreed upon to be July 31
with a Staff inspection in early August. I sent an email to this affect on June 28"'.
The property has been under an NOV for over 6 months and the time period for its remedy has now become
unreasonable. The verbally agreed upon July 31st deadline is over a month away and it is difficult to believe that
implementation of the restoration cannot be accomplished by this date.
It is reasonable to formally approve the application with the proposed restoration plan and set a completion date in the
Administrative Decision of July 31. 1 will also incorporate a condition for a Staff inspection of the restoration the first
week of August. I'll have this approval hopefully signed by the Planning Director before the close of business on Friday
and will forward you on a copy.
Any conditions that are not complied with will be handled by the Attorney's Office — Carrington Brown — cc ed on this
email.
Thanks,
Mike
From: Jeff Ellis [mailto:jeff @landandshelter.com]
Sent: Thursday, June 30, 2011 11:00 AM
To: Michael Kraemer
Subject: Mile schedule /approval
Hi Mike,
I got a message that you called. I have been in touch with Chris Mile and Stephen Ellsperman about schedule.
After looking back at correspondences, in fairness to Chris Mile, the end of July completion date is difficult, I
put myself in his shoes and this is what I'm realizing:
- -He didn't actually hear that the plan may receive approval until after this email on June 17th, I shared this
verbally with him as a heads -up that he would likely receive approval after providing a completion date.
- -In order to commit to a completion date, he still does need to line up a contractor (get a final bid and sign a
contract) and appropriate plant materials but wanted to know for sure if the plan was approved.
3
-- Discussion that I had with Stephen Ellsperman about the end of July being doable was had on June 20th
following this email response, it's now June 30th, 4th of July weekend won't help either.
Sincerely no one is trying to drag this out, including Chris Mile, he has every intention of completing this in, as
you mention in this email, "in a timeframe that is reasonable and that you can adequately accomplish." He has 2
bids coming which will also have schedules as part of the proposals. For this restoration to be done adequately
he is only working with companies that he feels will meet the counties requirements as apposed to just the
cheapest one.
I apologize if I misspoke about the end of July being doable, I was conveying this from a discussion a few
weeks ago and it was not based on the information above. I'm not sure where to go from here, would you be
open to setting a later date in an your approval, perhaps the end of August with the understanding that if
possible it would be done sooner? This should allow time to finalize a contract with a landscape company and
time to acquire the specific plant material as well as mobilize and so on. Understanding that this has already
taken quite some time, none of us want to rush through the important work of choosing the right contractor and
getting the work done in the best way possible.
Thanks,
Jeff Ellis, AIA
Land +Shelter
Arch kick" . Plemnq • DeV8kXWnWV
www.landandshefter.00m
pob 550
Carbondale, CO 81623
970.274.2205 c
970.963.0201 t
970.963.0289 f
ieffOlandandshelter.com
On Jun 17, 2011, at 2:47 PM, Michael Kraemer wrote:
I think Susan was okay with Steven's revegetation plan.
Yes, we will require a timeframe but I would like it to be a timeframe that is reasonable and that you can adequately
accomplish. The whole purpose of getting the submittal for the revegetation in sooner than later was so that it could
get reviewed and implemented this Spring, which is preferable to the Fall.
Mike
From: Jeff Ellis rmailto:je - @Iandandshelter.coml
Sent: Thursday, June 16, 20117:49 AM
To: Michael Kraemer
Subject: Re: Joseph submittal
Hi Mike,
As far as you know will approval be given as per drawn or will there be any conditions requiring more or less
plantings?
Isn't the planning department going to mandate the time frame? If the owner could, he would prefer to plant
closer to the fall when its better for putting things in the ground than in summer.
L4
Let me know if we are holding anything up for the approval.
Thanks,
Jeff
Jeff Ellis, AIA
<image001.1pg>
www.landandshelter.com
pob 550
Carbondale, CO 81623
970.274.2205 c
970.963.0201 t
970.963.0289f
'effElandandshefter.com
On Jun 9, 2011, at 3:58 PM, Michael Kraemer wrote:
Okay.
I'm also thinking about our Miles site visit. Have you and Stephen devised a timeframe for implementation of the
restoration that I can incorporate into the permit? I'm primed to get a Decision to the Director like Monday or Tuesday.
7,11 ;
From: Jeff Ellis rmairooJeMlandandshetter.coml
Sent: Monday, June 06, 20114:38 PM
To: Michael Kraemer
Subject: Joseph submittal
Hi Mike,
I dropped off the Joseph Minor Amendment application today, below is the letter that I sent to Glenn Horn, he
indicated that he forwarded it to Ron Brown last week. I am having a mylar signed by the owner so that we can
record it as soon as approval is given, if it all goes that smoothly!
Email secured by Check Point
Email secured by Check Point
Email secured by Check Point
5
Michael Kraemer
From:
Michael Kraemer
Sent:
Tuesday, June 28, 2011 11:40 AM
To:
'Jeff Ellis'; Stephen Ellsperman
Cc:
Carrington Brown
Subject:
Miles
Jeff— we just spoke on the phone and you indicated that it is reasonable to begin implementing Ellsperman's bank
restoration plan on the Miles property this spring, and be completed by the end of July. We are primed to put this intc
the approval document as a condition and will also specify that Staff will conduct a site visit in early August to view the
work. I'm anticipating incorporating another condition that will also allow Staff to inspect the property, annually, to
ensure growth /properrevegetation.
Please acknowledge this email as accurate, or inaccurate, as it pertains to our discussion today. If inaccurate, please
specify the discrepancies.
I have cc'ed Carrington Brown the Code Enforcement Officer as the property is still under a Notice of Violation.
Thanks,
Mike
Mike Kraemer
Planner
Community Development Department
Pitkin County
130 S. Galena Street Aspen, CO 81611
970 920 5482(phone) 970.920.5439(fax)
michaekraemer6comilkin.co. us
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FINAL PLAT
FENDER SUBDIVISION
" "" 'I /4 AND THE NEI /4NWI /4.
O SOUTH, RANGE 88 WEST.
'ITKIN COUNTY, COLORADO.
7 7:W
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MEMORANDOM
To: Mike Kraemer
From: Susan Pearson
Date: May 10, 2011
RE: CHRISTIAN MILE RIPARIAN RESTORATION PLAN
The riparian restoration and planting plan submitted is a good comprehensive plan.
What I would like to see included:
• Are they going to plant the trees and shrubs and then seed or visa - versa? How are they
going to accomplish and coordinate this?
• 1 believe the arrows show on the plan that they are going to seed the entire length the
Crystal with both upland and wet land seed — Is this accurate?
The species list which is shown on the 'Activity Envelope and Restoration Plan' should also be
documented as part of the written plan.
It takes at least 5 years for a riparian area to re- establish itself, therefore a bond or some guarantee of
performance might be a good idea as this was a violation.
A weed plan should be part of this submittal with a weed removal commitment while the natives are
establishing.
I
Mile Restoration Plant List
Riparian Trees and Shrubs
Q_yt
Size
Botanic Name
Common Name
5
5 gal
Alnus incana ssp.tenuifolia
Thin -leaf Alder
4
5 gal
Betula occidentalis
Water Birch
4
5 gal
Crataegus erythropoda
Redhaw Hawthorn
7
5 gal
Cornus stolonifera
Red -twig Dogwood
4
5 gal
Lonicera involucrate
Twinberry Honeysuckle
2
10 gal
Picea pungens var.glauca
Colorado Blue Spruce
3
6' BB
Picea pungens var.glauca
Colorado Blue Spruce
3
10 gal
Pinusponderosa
Ponderosa Pine
2
6' BB
Pinusponderosa
Ponderosa Pine
5
5 gal
Populus angustifolia
Narrowleaf Cottonwood
3
2 1 BB
Populus angustifolia
Narrowleaf Cottonwood
3
5 gal
Salix bebbiana
Bebb's Willow
5
5 gal
Salix lasiandra
Strapleaf Willow
3
5 gal
Salix monticola
Rocky Mountain Willow
7
5 gal
Shepherdia argentea
Silver Buffaloberry
I.
Native Upland
and Riparian Seed List
A. Disturbed Area Upland Native Seed Mix
% of Mix
Botanic Name
Common Name
30%
Bromus marginatus'Garnet'
'Garnet' Mountain Brome
30%
Elymus trachycaulus 'San Luis'
'San Luis' Slender Wheatgrass
30%
Pasocopyrum smithii'Arriba'
'Arriba' Western Wheatgrass
10%
Poa secunda
Sandberg Bluegrass
2.5 Ibs per 1000 Square Feet
Hand Broadcast Seed per specifications.
Certified Weed
Free Straw per specifications. Tackifier
per specifications
B. Riparian
Area Native Seed List
% of Mix
Botanic Name
Common Name
5%
Beckmannia syzigachne
Sloughgrass
20%
Deschampsia caespitosa
Tufted Hairgrass
5%
Glycera striata
Mannagrass
10%
Juncus arcticus
Arctic Rush
20%
Poa palustris
Fowl Bluegrass
1.5 Ibs per 1000 Square Feet
Hand Broadcast Seed per specifications.
Certified Weed Free Straw per specifications. Tackifier per specifications
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PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
IaI31HO X11 ul
To: Colorado Division of Wildlife
Crystal River Caucus
FROM: Mike Kraemer, Community Development Department
Michael.kraemer@co.nitkin.co.us
Re: Mile Activity Envelope with Vesting
(PID 2729 - 092 -00 -009; Case P034 -11)
DATE: May 9, 2011
Attached for your review and comments are materials for an application submitted by
Christian Mile. The Pitkin County Community Development Director will review the
application.
Please return your comments to me by Friday, June 10, 2011.
http: / /www.aspenpitkin.com/ Portals /0 /docs /county /Com %20Dev/Planning/Land Use An
plications/P034 11 app.pdf
If you require a paper copy of this application contact Bonnie Waechtler at
bonnie .waechtler@co.nitkin.co.us or 920 -5109.
Thank you.
PITION COUOY COMMUNITY DEVELOPMENAPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
May 9, 2011
Jeff Ellis
PO Box 550
Carbondale, CO 81623
jeff @landandshelter.com
Re: Mile Activity Envelope Review with Vesting
(CASE P034 -11; PID 2729 - 092 -00 -009)
Dear Mr. Ellis:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482.
Sincerely,
Bonnie Waechtler
Administrative Assistant
PITKIN 0*JNTY COMMUNITY DEVEL( MENT
Permit Receipt
RECEIPT NUMBER 00030817
Name: Land & Shelter Date:4129/2011
Project Address: 15360 HWY 133
Type: check # 2612
Permit Number
Fee Description
Amount
0034.2011.PLAN
0034.2011.PLAN
PP- Flat Fee
PP- Clerk Tech Fee
6,240.00
25.00
Total: 6,265.00