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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)
PARCEL
CASE NAf
Review, Conceptual Submission, and Scenic Overl Planners Brian McNellis
PROJ ADDR 0707 Shield O Rd Lot 18 -B Shield -O- Terrace
OWN /APP: Fmichelson , Kevin ADR Box 6574 V C /S /Z: Snowmass Village. PHN:F
` ■`■IIREP: Alan Richman ADR: PO Box 3613 CIS/Z: Fspen , CO 81612 PHN: 920 -1125
R Email Addr: I ALLOCATED HOURSF —
IfF FEES DUE: 52500.00 - FEES RCVD: 52500.00 % OVER: �—
REFERRALSlWildlife Biologist, EH, Colo. Forest
REF: 1/2/2003 BY StephD DUE: 1/31/2003
MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: 1 2/18/2003
2/18/2003 Hearing O No 1118/2003
F F— No
F— F— No
REMARKS b. noF,2/ s g, t t to Janette 1/9103 - 1/18/03 pub. / /vesting notice to JJ
19/03 pub. 3l1 /03 /jU /Det. 08 -2003 to JJ /Ely 2/19103 for
. //3/10/03 _
CLOSED: F 5/8/2003 BY: lianis Taylor
PLAT RECORDED 5/8/03 PLAT (BK,PG): 665 P33 #488248
VR APPROVAL DATE: 2/18/2003 VR EXPIRES:
CASE TYP: 1041 Hazard Review CASE TYP5: F—
CASE TYP2: Subdivision Conceptual Submission ASE TYP6: F—
CASE TYP3: Scenic /Ridgeline Review CASE TYP7: F—
CASE TYP4: I Date Scanned: r
BOCC Reso:
BOCC Ord:
PZ:
HRG OFF:
08- 2003 #479475
HO INDEX:
12003
ADMIN:
ADMIN INDEX:
2/18/2006
8/19/11
Location: IFF Box #196
F64
479475 Page: I Of 6
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SILVIA DAVIS PITKIN
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE MICHELSON 1041
HAZARD REVIEW AND CONCEPTUAL SUBMISSION
Determination No.1-2003
RECITALS
1. Kevin Michelson (hereafter "Applicant') has applied to the Pitkin County Hearing Officer
(hereafter "Hearing Officer ") for 1041 Hazard Review approval to establish a building envelope for
the construction of a single - family residence and customary accessory structures.
2. The property is located in Shield O Terrace Subdivision at 707 Shield O Road and is more
specifically described in Exhibit A.
3. The property is zoned RS -30 PUD and contains approximately 2.68 acres.
4. The Hearing Officer heard this application at a public hearing on February 18, 2003, at which
time evidence and testimony were presented with respect to this application.
5. The Hearing Officer finds that the building envelope avoids wildlife habitat areas and is located in a
low to medium wildfire hazard area.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that approval is
hereby granted to the Michelson 1041 Hazard Review and Conceptual Submission subject to the following
conditions, which shall run with the land and be binding on all successors in interest:
The Applicants shall adhere to all conditions and material representations made in the application
and public meetings except as amended herein.
2. Prior to submittal for any building permits, the Applicants shall record a 24 X 36 inch mylar 1041
Hazard Review Site Plan in accordance with Section 5 -70 -040 of the Land Use Code. Community
Development shall approve the site plan prior to recordation. The building envelope shall be
modified to exclude areas of 30 percent slopes, to the satisfaction of the Community Developmert
Department. Upon approval, the site plan shall be submitted in digital format for integration in to
the County Geographic Information System (GIS) prior to submission of a building permit.
3. A septic permit shall be obtained from and approved by the Environmental Health Department,
prior to issuance of a building permit. The septic system shall be located within the approved
building envelope.
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9 IIIIII VIII IIIN IIIIII III jjqIIIIIIIl03 /03/2003 03:43P
Hearing Officer Determination No. (6 -2003 SILVIA DAVIS PITKIN COUNTY CO 0
Page 2
4. A fireplace /woodstove permit shall be approved by the Environmental Health Department prior to
issuance of a building permit.
5. The applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot
perimeter around the structure.
B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum of a 30 foot perimeter around the structure.
C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a
minimum of two times the height of the fuel. Maximum diameter of the clumps shall be
two times the height of the fuel. All measurements shall be from the edges of the crowns of
the fuel.
D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a heght
of 10 feet above the ground and ladder fuels from around trees and brush shall be removed.
E. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet
between the edges of the crowns.
F. All branches which extend over the roof eaves shall be trimmed and all branches within 15
feet of the chimneys shall be removed.
G. The density of fuels within a 100 foot perimeter of the structure shall be reduced.
H. All deadfall within the 100 foot perimeter shall be removed.
I. The applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
6. The applicant shall comply with the following additional wildfire mitigation standards:
A. Roofing: New roofs shall have a class A roof covering or a class A assembly roof system.
Wood shake /shingle roof coverings and flat roofs (up to a 3:12) pitch are prohibited.
B. Vents shall be screened with corrosive resistant wire mesh with mesh ''A inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash, and flammable debris.
E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away
from any structure.
F. Weeds and grasses within the 10 foot perimeter shall be maintained to aheight not more
than 6 inches.
G. Firewood /wood piles shall be stacked on a parallel contour a minimum of 15 feet away
from the structure.
H. Swimming pools shall be accessible to Fire Department vehicles.
1. Fences shall be kept clear of brush and debris.
J. Wood fences shall not connect to the structure.
K. Any outbuildings or additional structures shall adhere to the same standards as structures.
L. Fuel tanks shall be installed underground with an approved container.
M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away
from the structure with standard defensible space vegetation mitigation around any above
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SILVIA DAVIS PITKI
Hearing Officer Determination No. 0S2003
Page 3
ground tank. Any wood enclosure around the tank shall be constructed with materials
approved for 2 hour fire- resistive construction on the exterior side of the walls.
N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.
O. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible
and installed on a non - combustible post.
P. New utiiity liue6 - &haall be .buried.
No development, including grading, excavation, fill placement, berming, landscaping, entry or
ranch gates, and vegetation removal or disturbance shall occur outside of the approved building
[and /or] development envelopes unless otherwise specified in this document, such as necessary
wildfire mitigation. Construction, staging, parking, utility and driveway extension and
maintenance shall occur within approved building, or access driveway. No construction staging
shall occur on Shield O Road.
8. The Applicant shall comply with the following wildlife mitigation conditions:
A. All dogs on the property must be kenneled. Verification of a dog kennel, run, or other
fenced area is required prior to issuance of a certificate of occupancy.
B. Wood fencing shall employ three rails or less, be the round or split rail type, shall not
exceed 48 inches in height above ground level and 12 inches in width (top view), and
shall have at least 18 inches between two of the rails. Wire fencing shall consist of no
more than 3 stands of smooth wire and shall not exceed 42 inches in height.
C. All non - conforming fencing on the property must be brought into compliance and any
wire fences not necessary for the retention of livestock should be removed to facilitate
wildlife movement.
D. Installation and use of approved bear -proof containers as required by the 2001 Wildlife
Protection Ordinance shall be required on the property. Verification of this condition
shall be required prior to issuance of a Certificate of Occupancy on the property.
E. Fruit - bearing trees and shrubs should be avoided in any landscaping due to the high level
of black bear activity in the area.
F. Any areas disturbed outside the building envelope must be revegetated with native
vegetation according to a revegetation plan submitted by the Applicant and approved by
the County prior to issuance of a Certificate of Occupancy
8. The Applicant shall obtain an access permit from the County Engineer prior to commencement of
construction for the driveway. The Applicant shall include as part of the submittal a Plan and
Profile drawing, cross section of the drive, and details of the intersection. The driveway shall
meet the standards of the Pitkin County Asset Management Plan.
Prior to application for building permit the applicant shall provide for review to the County
Engineer a trip generation and construction trip generation study for any free market residential
structure exceeding 5,000 square feet. A traffic- engineering consultant hired by the applicant and
pre- approved by the County Engineer shall develop this study.
10. Pursuant to Ordinance No. 022 -2000, the Applicants are subject to the Fair Share Requirements
and shall pay a road impact fee.
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Hearing Officer Determination No.OS-2003
Page 4
it. Prior to commencement of any earthmoving or construction activity, the Applicants shall stake
the corners of the building envelope and install construction fencing around the perimeter of the
building envelope. The fencing shall remain in place until issuance of Certificate of Occupancy.
No vegetation shall be damaged or removed outside the building envelope.
12. A Drainage and Erosion fbntrod.Rm shall be submitted by the Applicant and approved by the
County Engineer prior to building permit submission.
13. The Applicant shall join a road improvement district if one should be formed for the Shield O
Terrace area.
14. Any areas disturbed outside the building envelope must be revegetated with native vegetation
according to a revegetation plan submitted by the Applicant and approved by the County prior to
issuance of a Certificate of Occupancy.
15. Floor area shall be limited to 5,750 square feet exempt from growth management or use of TDRs.
16. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin
County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin
County Land Use Code, § 4 -140 and C.R.S., § 24 -68 -105. The statutory vested rights granted
herein shall expire on February 18, 2006.
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Hearing Officer Determination No., -?003
Page 5
NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 18th DAY OF JANUARY 2003.
APPROVED ON THE 18th DAY OF FEBRUARY 2003.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE
ASPEN TIMES WEEKLY ON (n am h 1, - tool
ATTEST:
Jani Taylor,
Administrative Assistant
HEARING OFFICER OF PITKIN
COUNTY, COLORADO
aIn R. Tnie,
Hearing Officer
Date: q1 Y 03
APPROVED AS TO
John
Case #P182 -02
PID# 264522300016
APPROVED AS TO CONTENT:
A m&Qk�-'k �- CN-
indy Houben,
Community Development Director
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Nis ;r
LEGAL DESCRIPTION
Our Order No. Q380974
A TRACT OF LAND SITUATED IN THE EI /2SW i/4 OF SECTION 22, TOWNSHIP 9 SOUTH, RANGE
86 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING NORTHERLY AND EASTERLY OF THE
CENTER OF A 60 FOOT ROADWAY AND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER OF SAID ROADWAY WHENCE THE SOUTH QUARTER
.0 RNEZ DF SAID SUCrWNMAEARS,SOUTHE44 DEC4RMS 32'17 EAT 11".97
FEET;
THENCE SOUTH 60 DEGREES 53'47" WEST 30.69 FEET ALONG THE CENTER OF SAID
ROADWAY;
THENCE SOUTH 79 DEGREES 14'00" WEST 354.00 FEET ALONG THE CENTER OF SAID
ROADWAY;
THENCE 90.21 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 84.07
FEET, THE CHORD OF WHICH BEARS SOUTH 48 DEGREES 29'30" WEST 85.95 FEET;
THENCE SOUTH 17 DEGREES 45'00" WEST 103.00 FEET ALONG THE CENTER OF SAID
ROADWAY;
THENCE 109.96 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
35.00 FEET, THE CHORD OF WHICH BEARS NORTH 72 DEGREES 15'00" WEST 70.00
FEET;
THENCE NORTH 17 DEGREES 45'00" EAST 30.00 FEET ALONG THE CENTER OF SAID
ROADWAY;
THENCE 99.00 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
286.49 FEET, THE CHORD OF WHICH BEARS NORTH 07 DEGREES 51'00" EAST 98.51
FEET;
THENCE NORTH 02 DEGREES 03'00" WEST 51.00 FEET ALONG THE CENTER OF SAID
ROADWAY;
THENCE 97.82 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
191.72 FEET, THE CHORD OF WHICH BEARS NORTH 12 DEGREES 34'00" EAST 96.76
FEET;
THENCE NORTH 27 DEGREES 11'00" EAST 45.00 FEET ALONG THE CENTER OF SAID
ROADWAY;
THENCE 99.70 FEET ALONG THE ARC OF A CUARVE TO THE LEFT HAVING A RADIUS OF
523.26 FEET, THE CHORD OF WHICH BEARS NORTH 21 DEGREES 43'30" EAST 99.55
FEET;
THENCE SOUTH 73 DEGREES 44'00" EAST 30.00 FEET TO A POINT ON THE EASTERLY RIGHT
OF WAY LINE OF SAID 60 FOOT ROADWAY;
THENCE NORTH 86 DEGREES 55'58" EAST 279.51 FEET ALONG THE CENTER OF A 10 FOOT
EASEMENT;
THENCE SOUTH 33 DEGREES 32'55" EAST 235.00 FEET ALONG THE CENTER OF SAID
EASEMENT TO A POINT IN THE CENTER OF SAID 60 FOOT ROADWAY, THE POINT OF
BEGINNING.
COUNTY STATE O O 4
COLORADO ���1111111 �����111113 0 2 ��� :43F
I I TKIN COUNTY CO R 0.00
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MEMORANDUM
TO: Jim True, Pitkin County Hearing Officer
FROM: Brian McNellis, Planner
RE: Michelson 1041 Hazard Review and Conceptual Submission
DATE: February 18, 2003
REQUEST: The Applicant requests 1041 Hazard Review and Conceptual Submission approval to establish
a building envelope that will contain a single-family residence and customary accessory uses.
APPLICANT: Kevin Michelson
LOCATION: 707 Shield O Road in Shield O Terrace Subdivision.
ZONING/LOT SIZE: The property is zoned RS -30 PUD and is 2.68 acres in size.
BACKGROUND: This property was originally approved for 1041 Hazard Review in 1991 pursuant to a
Community Development Administrative Review.
REFERRAL COMMENTS:
This application was referred to the Snowmass /Capitol Caucus and they voiced no objections in regard to
the proposal.
Bud Eylar, the Pitkin County Engineer reviewed this application and mentioned that site distance for the
proposed driveway appears to be adequate. He requested preliminary design data for the driveway upon
determining its final location. Mr. Eylar mentioned that he would like the driveway to be situated farther
away from existing 30 percent slopes than is currently proposed. He made reference to general standards
that are included as conditions of approval in the attached Hearing Officer Determination.
ENVIRONMENTAL & AESTHETIC STANDARDS (SECTION 3 -60)
Air Quality: Degradation to air quality is not perceived as a substantial issue in regard to this application.
Preservation of Natural Landscape: The surrounding area is developed for residential use and therefore
disturbance to the natural landscape will be minimal.
Scenic Overlay /Scenic Quality: This property is not within a mapped scenic or ridgeline area.
Development on the parcel will not be visible from any county road.
WATER RESOURCES (SECTION 3 -70)
Historically Irrigated Pasture: This property is not agriculturally assessed nor is it an irrigated parcel.
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Drainage /Erosion: The Applicant has agreed to maintain historic drainage patterns and minimize erosion
during construction. The Applicant has further agreed to submit a landscaping plan in conjunction with
future building permit requests.
Water Supply: The property will receive water from an existing private well on the property. It appears
that the well can be accommodated within the proposed building envelope while meeting setbacks from
the septic system.
1041 ENVIRONMENTAL HAZARD AREAS (SECTION 3 -80):
Geologic: It appears to staff that the northwest portion of the building envelope contains slopes near or
exceeding 30 percent.
Pursuant to Code Section 3 -80 -050 of the Pitkin County Land Use Code, development is prohibited on
slopes greater than 15 percent unless there are no areas on the property under 15 percent. If the building
envelope is restricted entirely to slopes of less than 15 percent, then it might not be large enough to
accommodate a single - family residence, well and septic system. Staff would recommend that the Applicant
submit a 1041 Site Plan that excludes the small portion of steep slopes (exceeding or rear 30 percent) in the
northwest corner of the proposed building envelope.
Wildfire: The property has been mapped with areas of severe wildfire hazard. Upon a site visit by the
Colorado State Forest Service, the property was rated as low to medium wildfire hazard as the result of
defensible space thinning that has occurred on the property. The Applicant has agreed to comply with
additional defensible space standards as required by the code.
The property is within a few miles of the Snowmass fire station located at Lazy O Subdivision
Wildlife: The property is not mapped for any specific wildlife habitat but is included within an elk
migration pattern. The site was visited by Jonathan Lowsky, the Pitkin County Wildlife biologist and it was
determined that development on the property will notjeopardize existing wildlife habitats in the area. He
provided standard wildlife mitigation standards that have been included as conditions or appr val in the
attached Hearing Officer Determination.
IMPROVEMENTS & SERVICES (SECTION 3 -110)
Sewer: Sewage will be provided by an individual sewage disposal system on the property.
Public Utilities: The Applicant agrees to bury utility extensions underground. General electrical and
telephone service are available to the area.
Roads /Access: The property shall be accessed via Shield O Road. The Applicant agrees to design a
driveway to meet the standards of the Asset Management Plan. An access permitwill need be obtained
prior to construction of a driveway.
RECOMMENDATION: Staff recommends that the Hearing Officer approve the Michelson 1041 Hazard
Review and Conceptual Submission application subject to the conditions in the attached Hearing Offi (cr
Determination.
Ji v�8
PITKIN COUNTY NATURAL RESOURCES
TO: Brian McNellis, Community Development
FROM: Jonathan Lowsky, Wildlife Biologist
SUBJECT: Michelson 1041 Hazard Review & Conceptual Submission
DATE: 02/04/2003
This property lies within a broad elk migration pattern and is part of the home range of a resident
herd of mule deer. The proposed development is unlikely to result in any significant loss of
wildlife habitat or disturb any important ecological communities.
Given the above information, the following conditions will reduce the impacts of the proposed
development on ecological communities:
1. The applicant must comply with all of the General Standards as described in §3- 80.80(A) of
the Land Use Code.
Dogs must be kenneled as per §3- 80.80(D)(2) of the Land Use Code. Verification of a dog
kennel, run, or other fenced area is required prior to the issuance of a certificate of
occupancy.
Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed
48 inches in height above ground level and 12 inches in width (top view), and shall have at
least 18 inches between two of the rails. Wire fencing shall consist of no more than 3 strands
of smooth wire and shall not exceed 42 inches in height.
4. All non - conforming fencing on the property must be brought into compliance and any wire
fences not necessary for the retention of livestock should be removed to facilitate wildlife
movement.
5. Native vegetation must be maintained outside the building envelopes as per Section 3-
80.80(A)(3).
6. Installation and use of approved bear -proof trash containers as required by the 2001 Wildlife
Protection Ordinance. Verification of this condition should be required before issuance of a
certificate of occupancy
7. Fruit - bearing trees and shrubs should be avoided in any landscaping due to the high level of
black bear activity in this area.
8. An orange safety fence must be placed around all construction sites to prevent any
unnecessary vegetation disturbance during construction. Verification of this condition
3U� i�n 9
should be required prior to any construction activity.
9. Any areas disturbed outside the building envelope must be revegetated with native plants
according to a revegetation plan submitted by the applicant and approved by the County prior
to issuance of a certificate of occupancy. This plan must contain the following elements:
a. The name of the project;
b. The name, address and phone number of the person preparing the Revegetation Plan;
c. The name, address and phone number of the person(s) responsible for executing the
plan;
d. If applicable, the availability of irrigation water and, if available, the amount of water,
the name of the ditch company and the method of delivering water to the site:
e. A brief narrative describing the planting and seeding methods:
f. A description by common and scientific name of the species of plants to be used, seed
ratios and source, and container size or caliper measurement of plants to be installed;
g. A drawing of the site with the location of plants to be installed shown clearly.
JJUO !_0
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MICHELSON PROPERTY
APPLICATION FOR 1041 HAZARD REVIEW
SUBbIITI'ED BY
ALAN RICHMAN PLANNING SERVICES
BOX 3613
ASPEN, COLORADO 81612
920 -1125
DECEMBER, 2002
.000011
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TABLE OF CONTENTS
PAGE
I. PROJECT DESCRIPTION .............................. 1
A. Application Request ............................... 1
B. Property Description ............................... 2
C. Proposed Building Envelope ......................... 2
II. 1041 ENVIRONMENTAL HAZARD REVIEW .............. 3
A. Wildfire Hazard Review ............................ 3
B. Geologic Hazard Review .......................... 11
C. Wildlife Habitat Review ........................... 13
III. SCENIC FOREGROUND OVERLAY REVIEW ............ 16
IV. CONCEPTUAL SUBMISSION REVIEW .................. 16
V. VESTED RIGHTS .... ............................... 17
VI. CONCLUSION ....... ............................... 17
EXMBITS
#1. Commitment for Title Insurance
#2. Letter authorizing submission of application
#3. 1991 Staff Memo Granting 1041 Approval
#4. Pre - Application Conference Summary
#5. Letter from Vince Urbina dated 10/25/02
#6. Letter from Homeowner's Association
#7. List of Adjacent Owners
MAPS AND DRAWINGS
1041 Hazard Review Site Plan
J J LI
I. PROJECT DESCRIPTION
A. Application Request
.. This is an application to develop a single family house on Lot 18 B of the Shield -O- Terraces
Subdivision. The subject property is a vacant subdivided lot whose address is 707 Shield-0-
Road, Snowmass, Colorado. A legal description and proof of ownership of the property is
provided in the Commitment for Title Insurance, attached hereto as Exhibit #l.
_ The application is being submitted by the owner of the property, Kevin Michelson
(hereinafter, "the applicant "). The applicant is being represented by Alan Richman Planning
_ Services for purposes of this application. A letter from the applicant confirming this
arrangement is attached as Exhibit #2.
.. A 1041 application was submitted for this property in 1991 by a prior owner, John Chandler.
The County granted administrative approval of that application on December 23, 1991 (see
staff memo, signed by the County Planning Director, attached as Exhibit #3). A 1041 site
plan depicting the approved building envelope for the property was recorded at Book 28,
Page 88 of the Pitkin County Records. However, no development has taken place pursuant
to that County approval.
r The applicant purchased the property in June of 2000. He would like to move forward to
develop the property with a single - family residence, but there are some minor elements of
the approved 1041 site plan that differ from his plans for the property. Therefore, a pre-
application conference was held with a representative of the Community Development
Department on October 22, 2002 (see Exhibit #4, Pre - Application Conference Summary).
During this meeting, staff and the applicant agreed that the appropriate way to update this
.. old 1041 approval is to process a new 1041 application, rather than to re- instate the vested
rights for the property. Given this conclusion, following are the land development approvals
required by the Pitkin County Land Use Code to accomplish this project: '
1041 Hazard Review and Conceptual Submission for development on a property with the
following 1041 designations:
r
" Wildfire hazard areas; and
Slopes in excess of fifteen percent/potentially unstable slopes.
The pre - application conference summary also asks the applicant to respond to wildlife
habitat issues, even though there is no mapped wildlife habitat within the boundaries of, or
in the vicinity of, this property.
Scenic Foreground Overlay Review for development in an area that is visible from Snowmass
Creek Road; and
Michelson 1041 Hazard Review and Scenic Foreground Overlay Page 1
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Vested Rights status for the subject development.
Sections II through V of this application identify the provisions of the Land Use Code
applicable to these procedures and provide responses to the applicable County standards.
B. Property Description
This property is zoned RS -30, which has a minimum lot size of 30 acres. This property
contains approximately 2.68 acres of land, making it a nonconforming -sized lot of record.
A survey of the property has been conducted while preparing the 1041 site plan. The survey
shows that the property is a nearly rectangular- shaped parcel of land. Shield -O -Road runs
along the southerly property line. There is not a formal driveway access into the property
as of this time, although there several ways into the property from the subdivision road.
The survey also shows the topography across the property. It illustrates that the eastern half
of the property is quite flat, while the western half is relatively steep. Slopes across the
eastern half of the property are less than or equal to 15 %, while slopes across the western
half of the property vary from in excess of 20% to nearly 30 %. These slopes make it clear
that the eastern half of the property is the appropriate place to place the new residence.
Vegetation also varies throughout the property. The steeper portions of the property are
covered with relatively dense brush, including Gambel oak and serviceberry. The flatter
portions of the property are much more open, covered by Aspen trees, native grasses, and
clumps of brush. This is due, in part, to the fact that in the last year the applicant received
a cost - sharing grant from the Colorado State Forest Service to mitigate the wildfire hazard
on the property, and has removed some brush within the flatter portion of the property.
C. Proposed Building Envelope
The applicant's plans to develop the property are illustrated on the 1041 site plan. The 1041
site plan shows the location of the proposed building envelope and also designates the
approximate location of the proposed driveway. Both the existing well and the planned
septic system would be located within the proposed building envelope.
The applicant has designated contour "970" as the western limit of the building envelope.
The allows for all of the flat, open land to be included in the building envelope, along with
the very bottom of the hillside. The applicant intends to run the driveway along this lower
edge of the hillside, and wants to be able to include any minor structures (such as a covered
entry area at the rear of the residence) in the building envelope. It is anticipated that the
house itself will be located below the driveway.
The conformance of the proposed building envelope with the standards of the County's Land
Use Code is addressed in the sections that follow.
Michelson 1041 Hazard Review and Scenic Foreground Overlay Page 2
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A. Wildfire Hazard Review
During the pre - application conference with staff, the applicant was informed that the
County's wildfire hazard maps designate this site as containing wildfire hazard areas. The
applicant conducted a site visit with Vince Urbina of the Colorado State Forest Service on
October 17, 2002, to confirm and clarify this designation. A letter from Mr. Urbina
_ providing his comments is included in this application as Exhibit #5. Based on his site visit,
Mr. Urbina has confirmed that the proposed principal building envelope is located in an
area that is subject to a low to moderate degree of wildfire hazard.
The mitigation standards for development in wildfire hazard areas are found in Section 3 -80-
°' 070 C. of the Land Use Code. Following are the applicant's response to these standards.
1. Location
The building envelope shall not be located in draws, canyons, or on slopes greater than 30 %.
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Response: The building envelope is not located on such slopes.
0 2. Defensible Space
The area around the structure shall incorporate landscaping with wildfire defensible space
considerations as follows.
(a) Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10
foot perimeter around the structure.
Response: The applicant will comply with this requirement.
(b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels
a minimum of a 30 foot (30') perimeter around a structure built on flat ground.
Response: The applicant will comply with this requirement.
(c) Spacing between clumps of brush and vegetation within the 30 foot (30') perimeters shall
be a minimum of two (2) times the height of the fuel. Maximum diameter of the
clumps shall be two (2) times the height of the fuel. AU measurements shall be from the
edges of the crowns of the fuel.
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Response: The applicant will comply with this requirement.
Michelson 1041 Hazard Review and Scenic Foreground Overlay Page 3
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(d) All branches from trees and brush within the 30 foot (30) perimeters shall be pruned to
a height of 10 feet (10') above the ground, and removal of ladder fuels from around
trees and brush.
Response: The applicant will comply with this requirement.
(e) 7Yee crown separation within the 30 foot (30') perimeters shall have a minimum of 10
feet (10') between the edges of the crowns. This does not apply to mature stands of
Aspen trees where the above recommendations for removal of ladder fuels have been
complied with. In areas of Aspen re generation, the spacing guidelines shall be followed.
Response: The applicant will comply with this requirement.
(() All branches which extend over the roof eaves shall be trimmed and all branches within
15 feet (15) of the chimneys shall be removed.
Response: The applicant will comply with this requirement.
(g) The density of fuels within a 100 foot (100) perimeter of the structures shall be reduced
where natural reduction has not already occurred
Response: The applicant will comply with this requirement.
(h) All deadfall within the 100 foot perimeter shall be removed
Response: The applicant will comply with this requirement.
(i) The applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
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Response: The applicant will comply with this requirement.
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3. Structural Design and Construction Requirements
a. Roofing
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(1) Roofs shall have a non - combustible roof covering on a Class A assembly. Wood
shake /shingle roof coverings are prohibited in all wildfwe hazard areas. Roofs with less
than a 3:12 pitch are not permitted in 1041 Wildfire Areas unless they comply with the
following.-
1) All roof coverings shall be non - combustible materials as defined in the Uniform
Building Code (UBC) 1997 Section 1504 and installed on a Class A roof
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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 the roof of debris
Protrusions above the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a
minimum slope of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved
by the Fire Marshall prior to submittal of a building permit application.
Response: The applicant will comply with these requirements.
b. Vents
Vents shall be screened with corrosive resistant wire mesh 114 inch maximum.
Response: The applicant will comply with this requirement.
4. Structural Design and Construction Options
v. The Board may, in its discretion, approve a development which incorporates the following
architectural design standards in substitution for the Defensible Space requirements in this
section.
a. Projections
x. (1) Projections at the roof line (which include but are not limited to eaves, comices, sgf"tts
and roofs over open decks) shall be sheathed with materials approved for one hour fire -
resistive construction.
Response: The applicant will comply with the defensible space requirements and does not
propose to substitute these structural options for the defensible space requirements.
(2) For projections below the roof line (which include but are not limited to exterior
balconies, decks, porches, cantilevered floor projections, and bay windows which extend
over a flat or sloped surface) the open space between grade and the underside of
projections below the roof line shall be enclosed by solid, vertical walls. These walls
shall be constructed with materials approved for one hour fire- resistive construction on
the exterior of the wall and shall extend from the top of grade to the underside of floor
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decking or wags of the projection.
An altemadve construction method for such projections would require use of
noncombustible roof materials, or heavy timber or log wall construction, if the underside
of the projecting portion is covered with materials approved for one hour fire resistive
construction and there are no inside angles of less than 75 degrees. Areas below such
projections shall be void of vegetative or other combustible materials. These areas below
projections shall be protected from accumulation of vegetative materials by placement
of a vegetative barrier covered with rocks or gravel or by coverage with concrete or stone.
There shall be no storage of combustible materials under projections. The walls
undemeath projections shall be constructed with materials approved for 1 hour fire
resistive construction on the exterior of the wall. Window openings in walls below
projections shall be tempered glass. Doors shall be noncombustible or 1314" solid wood.
Response: The applicant will comply with the defensible space requirements and does not
propose to substitute these structural options for the defensible space requirements.
b. Windows and Glass
Glazed openings shall be provided with closable, solid, exterior non-flammable shutters or shall
be tempered glass.
Response: The applicant will comply with the defensible space requirements and does not
propose to substitute these structural options for the defensible space requirements.
C. Exterior Walls and Siding
Siding and exterior wall construction shall have a minimum one hour fire- resistive rating, ground
level to roof line. Exterior doors shall be noncombustible or 1 314" solid wood.
Response: The applicant will comply with the defensible space requirements and does not
propose to substitute these structural options for the defensible space requirements.
d. Foundations
Foundation.g skirting and crawl space openings shall be fully enclosed and constructed with
materials approved for one hour fire- resistive construction on the exterior side of the walls and
shall extend from the top of grade to the underside of the floor decking or walls.
Response: The applicant will comply with the defensible space requirements and does not
propose to substitute these structural options for the defensible space requirements.
e. Stilt Construction
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_ (1) The underside of decks and structures with stilt foundations shall be fully enclosed and
.r constructed with materials approved for 1 hour fire- resistive construction on the exterior
_ side of the walls and shall extend from the top of grade to the underside of the floor
decking or walls.
Response: The applicant will comply with the defensible space requirements and does not
propose to substitute these structural options for the defensible space requirements.
5. Maintenance
W a. Roofs and Gutters shall be kept clear of debris.
b. Yards shall be kept clear of all litter, slash, and flammable materials.
C. All f lammable materials shall be stored on a parallel contour a minimum of fifteen feet
.y (15') away from the structure.
d. Weeds and grasses within the ten foot (10') perimeter shall be maintained to a height of
not more than six inches (6 ").
Response: The applicant will comply with all of these requirements.
~ 6. Miscellaneous
w a. Firewood /wood piles shall be stacked on a parallel contour a minimum of fifteen feet
(15') away from the structure.
-- b. Swimming pools shall be accessible by the Fire Department.
C. Fences shall be kept clear of brush and debris.
_ d. Wood fences shall not connect to the structure.
e. Any outbuildings or additional structures shall adhere to the same standards as
structures.
f. Fuel tanks shall be installed underground with an approved container.
g. Propane tanks shall be installed according to NFPA 48 standards and on a contour
away from the structure with standard defensible space mitigation around any above-
ground tank. Any wood enclosure around the tank shall be constructed with materials
approved for two hour fire- resistive construction on the exterior of the walls.
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h Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
L Addresses shall be clearly marked with two inch (2 ") non- combustible letters and shall
be clearly visible at the primary point of access from the public or common access road
and installed on a non - combustible post.
Response: The applicant will comply with all of these requirements.
7. Access
a. Access roads shall be built to County standards; however, these standards may be
increased to mitigate wildfire hazards based on comments provide by the Colorado State
Forest Service, the Sheriffs Department, or local fire protection districts. Where feasible,
looped routes of accesslegress to the main artery/highway shall be incorporated in the
project design. Looped routes of accesslegress is defined as two (2) or more dedicated
access roads to the main arterylhighway for widely separated ingresslegress; looped drives
with one entrance point or divided single entrances do not satisfy this condition. Where
this is not feasible, the Board may approve vehicle turnaround areas a maximum of 750
feet apart, installed between the road intersection and its terminus. Turnaround areas
shall be the same standard as cul -de -sac turnaround pads; these may be incorporated
in the proposed driveway entries
Response: Roads within the Shield-0-Terraces Subdivision have recently been improved to
bring them into better conformance with County standards. The applicant is a member in
good standing of the Road Improvement Association, which is responsible for maintaining
these roads. A letter verifying the applicant's membership in this Association is attached
hereto as Exhibit #6.
The proposed driveway will be constructed to meet all applicable County standards. A
further description of the driveway is found in Section IV of this application.
It should also be pointed out that the Basalt Fire Protection District has a satellite station
located within about 5 miles of this property, ensuring there is good response to this
property.
b. Dead -end streets (no cut -de -sacs) shall not be permitted.
Response: No new streets are proposed.
C. Cul-de -sac turnaround pads shall have a minimum of a thirty foot (30') drivable surface
inside turning radius.
Response: No such improvements are planned.
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d The driveway and access roadway shall enter the roadway at a 90 degree angle for the
r* first twenty-five feet (25') of the driveway.
Response: The driveway will comply with this design standard.
e. Fuel breaks shall be incorporated into the roadways of the subdivision for one hundred
feet (100) on each side of the roadway.
Response: This is not a subdivision application.
f. Access roads shall be built to County standards, however, these standards may be
increased to mitigate wildfire hazards based on comments provide by the Colorado State
Forest Service, the Sheriff's Department; or local fire protection districts.
Response: As noted above, the driveway will be built to meet County standards.
8. Water Supl*
a. When access to a public or private water system is not available, or if it is necessary to
augment the fire protection water systems, private ponds may be used if approved by
Pitkin County and the local fire protection districts.
Response: A private pond is not proposed as part of this application. However, the
Shield -O Homeowner's Association has recently installed a series of water storage tanks
�. within the subdivision, to provide for a fire fighting water supply.
b. Any fire department recommendation for individual structure water supply and storage
■» shall be accessible to fire department vehicles from the exterior of the structure through
a Fire Department approved mechanism (such as a fire hydrant). The amount of
storage capacity shall be determined by the fire protection district, with a minimum of
one thousand (1000) gallon storage capacity per structure.
Response: The applicant will comply with these requirements. On -site water storage will
be installed on the property, in compliance with the requirements of the Basalt and Rural
Fire Protection District.
C. Residential structures located within areas identified as containing "C - Severe Hazard:
Trees" or'X - Severe Hazard. • Brush" wildfire hazard shall be required to install in -house
sprinkler systems which meet the standards of the local fire protection district and the
Uniform Building Code.
Response: The property is not rated as being subject to a severe hazard. If the house
that is built on the property contains more than 5,000 sq. ft. of floor area, a sprinkler system
Michelson 1041 Hazard Review and Scenic Foreground Overlay Page 9
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will be provided.
9. Utilities
Utility lines shall be buried
Response: The applicant will comply with this requirement by burying any utility line
extensions in a trench that will be placed within the planned driveway.
10. Additional
Additional recommendations from the Colorado State Forest Service, the Pitldn County Sheriffs
Department; and the local, fire protection diwict may be incorporated into any conditions of
approval as necessary to mitigate wildfire hazards.
Response: The applicant will respond to the reasonable requests of these referral
agencies.
Michelson 1041 Hazard Review and Scenic Foreground Overlay Page 10
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B. Geologic Hazard Review
According to the County's geologic hazard maps, there are geologic hazards present on the
subject property. The geologic hazards mapped for this property are that it contains
potentially unstable slopes that are in excess of fifteen percent (15 %).
° The development review standards for development on slopes in excess of fifteen percent
(15 %) are found in Section 3- 80-050 C. 1 of the Land Use Code. This section states that
development is prohibited on slopes greater than fifteen percent (15 %) unless a specific
development proposal is found to result in a site design that creates less impact than if the
development was limited exclusively to slopes of less than fifteen percent (15 %). In the
event that a development proposal utilizes slopes in excess of fifteen percent (15 %), or if
a development site is comprised exclusively of slopes which exceed fifteen percent (15 %),
design and development shall be based on a detailed site analysis, including geologic and
.. engineering studies to identify the best development area.
Although there are steep slopes on the property, the proposed building envelope has been
drawn so as to completely avoid all slopes that are in excess of thirty percent (30 %). In fact,
measuring across the building envelope from its eastern boundary to its western boundary,
the average slope is exactly 15 %. Therefore, the applicant has complied with the
requirement in the Land Use Code to avoid development on the steep, potentially unstable
slopes on the property.
The applicant has evaluated each of the applicable standards in Section 3 -80 -050 C. 1 of the
.. Land Use Code, and has the following responses to these Code requirements:
a. Adequate mechanical support shall be provided for cut slopes.
Response: The applicant will comply with this requirement.
�- b. Adding water which may decrease slope stability shall be avoided
Response: The applicant will comply with this requirement.
C. Adding weight to the top of the slope shall be avoided
Response: The applicant will comply with this requirement.
° d. Disturbed slopes must be contoured so that they can be re- vegetated.
.. Response: The applicant will comply with this requirement.
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e. Steepening of existing slopes shall be avoided
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Response: The applicant will comply with this requirement.
f. Confine cuts, fills, grading and excavation to the minimum area needed for constniction.
Response: The applicant will comply with this requirement.
Michelson 1041 Hazard Review and Scenic Foreground Overlay
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® C. Wildlife Habitat Review
The County's wildlife habitat maps do not designate any mule deer or elk habitat areas on
or adjacent to this property. Therefore, the applicant needs to only provide responses to
"• the County's general land use standards for wildlife habitat areas, found in Section 3- 80-080
of the Land Use Code.
A. General Standards
1. Commercial, industrial or high impact recreational development, open pit mineral
` extraction, or construction of roads should avoid the habitat areas identified in this
section.
Response: The applicant does not plan on conducting any of the above activities.
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2 Residential development shall be clustered outside of habitat areas to the maximum
extent possible to minimize impacts on wildlife.
Response: Placing the new residence on the flattest portion of the property should ensure
that it will have minimal impacts on any wildlife that move through this area.
, 3. The removal of vegetation shall be minimized. Disturbed areas shall be promptly
revegetated with beneficial browse species.
r Response: The applicant will minimize vegetation removal to the extent that is feasible.
Vegetation within the proposed building envelope has previously been thinned and clumped,
and will only be removed as necessary to build the proposed residence.
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Native vegetation that is present outside of the building envelope will be preserved, except
for any vegetation that must be removed to comply with the County's wildfire hazard
mitigation standards or due to disease.
4. When existing vegetation must be altered, for an access road, utility line or similar uses,
an applicant will cooperate with the County and the Colorado Division of Wildlife to
devise a compensation plan acceptable to the County. Such compensation plan may
substitute (in a nearby area on the subject property) vegetation equal in type and quantity
to that being removed to mitigate effects on wildlife species.
Response: The installation of the new driveway will require the removal of vegetation.
r The applicant will, therefore, cooperate with the County and the Colorado Division of
Wildlife to devise an acceptable vegetation compensation plan. The applicant would
request, however, that in setting the compensation requirements, the County recognize that
r this lot is within a developed subdivision and is not mapped as wildlife habitat. The
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vegetation compensation that is required should take this fact into account and should bear
a reasonable relationship to the anticipated impacts of developing this previously subdivided
lot. The County should also take into account the fact that the Colorado State Forest
Service supports the installation of the driveway as proposed, because it will help to thin
vegetation in a portion of the property where such manipulation is needed.
5. Food, cover, and water sources beneficial to wildlife shall be preserved. Mitigate
development effects which would destroy or damage these. Give special consideration
to trees and shrubs with high wildlife food value, especially heavy seed, berry and fruit
producing species.
Response: The applicant will comply with this requirement.
6 Wildlife food species and woody cover along fences should be encouraged as one way
of improving wildlife habitat.
Response: The applicant will comply with this requirement.
7. Waterholes, springs, seepage, marshes, ponds and other watering areas should be
preserved.
Response: The applicant will comply with this requirement.
& Endangered species habitat shall be protected. All disturbance to such critical habitat
shall be minimized.
Response: The applicant is not aware that any such habitat is present on the subject
property.
9. All golden eagle nest sites and bald eagle roost sites shall be protected. Provide a three -
hundred (300) yard buffer around nest sites. Protect all other raptor nest sites with one-
hundred (100) yard buffers.
Response: The applicant is not aware that any such habitat is present on the subject
property.
10. Mesh or woven wire fences are prohibited
Response: The applicant will comply with this requirement.
11. Wire fencing shall employ a three strand barbed or smooth wire fence with a 42 inch
maximum height above ground level and at least 12 inches between the top two strands.
Wood rail fencing shall employ three rails or less, be the round or split rail type, shall not
Michelson 1041 Hazard Review and Scenic Foreground Overlay
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exceed 48 inches in height above ground level and 12 inches in width (top view) and
shall have at least 18 inches between two of the rails.
Response: The applicant will comply with this requirement.
12. Edges (places where two habitat types meet) must be avoided by development and shall
be maintained wherever possible, since deer and many other species of wildlife utilize
edge areas. Vegetation disturbances on winter ranges should be minimized and all
disturbances revegetated with beneficial browse species.
Response: The applicant will comply with this requirement.
13. Tali; overly mature trees and standing dead trees should be retained whenever possible
as nesting habitat for woodpeckers and other tree nesting species, such as eagles and
hawks. Den trees in wooded areas which provide homes for birds, squirrels, and
raccoons should also be retained Disturbance or destruction of wildlife den sites shall
be prohibited except in certain nuisance cases, such as skunks under homes.
Response: The applicant will comply with this requirement.
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M. SCENIC FOREGROUND OVERLAY REVIEW
This subdivision is included within the area depicted on the County's Scenic Overlay Maps
for Snowmass Creek Road. However, as a visit to the property can easily demonstrate, it
is not possible to see this lot from Snowmass Creek Road. Therefore, pursuant to Section
3- 60.040 D.1, the applicant would request that the Planning Director or Hearing Officer
"sign -off' on this application, by determining that the proposed development of this property
cannot be seen from the designated corridor.
IV. CONCEPTUAL SUBMISSION REVIEW
Exhibit #3, the Pre - Application Conference Summary, requests that the applicant address
Section 3 -70, Water Resources, and Section 3 -110, Improvements and Services, of the Land
Use Code as part of this application. Following are the applicant's responses to the Code
standards that apply to the planned development of this property.
A. Access.
The property is located directly along Shield -O -Mesa Road. A new driveway is planned, to
provide access to the proposed residence, in the location shown on the 1041 site plan. The
intersection of the driveway with the road is relatively flat, with good sight distances in both
directions.
The site plan also illustrates the general configuration of, the proposed driveway, which
would enter the residence from above, at the rear of the house. The driveway alignment
would follow the existing contours at the bottom of the hillside, to minimize the extent of
the cut that is required. A specific configuration and design for the driveway would be
formulated in conjunction with the building permit application. The applicant hereby
commits that the driveway will be designed to comply with all applicable County standards.
B. Water Supply.
Water will be provided via an on -site well that has previously been installed on the property.
The well is located just inside of the northeast comer of the proposed building envelope.
C. Sewage Disposal.
There is a large area in the southeastern portion of the building envelope that is flat and
well suited for an individual sewage disposal system. Care will be taken in choosing the
actual location of the system to ensure it is separated from the well by a sufficient distance.
Site specific percolation testing and engineering for the wastewater disposal system will be
accomplished once there is an actual design for the planned residence.
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D. Utilities.
The applicant will bury an extension from the main electric line, located in Shield -O -Road,
to the proposed residence. This extension will be buried within the proposed driveway.
Telephone service is also available within Shield -O Road. The applicant will bury an
extension from this line within the driveway to serve the residence.
Gas and cable TV service is not available to this area and would not be extended to the site.
Y ' E. Drainage/Erosion Control/Sedimentation.
The re- grading activities and vegetation removal required to accomplish the proposed
development will be limited to the area within the building envelope and the area within the
M proposed driveway. The applicant hereby agrees to re- vegetate the areas where soils are
disturbed, and to do so using native species. The applicant will submit a landscaping plan
showing the proposed re- vegetation in conjunction with the submission of a building permit
for the proposed structure.
The applicant will design the new structure to ensure there is positive drainage away from
the foundation. The structure will also be designed to ensure there is on -site detention of
flows from roof or paved areas, and to prevent drainage from impacting neighboring
properties. Temporary erosion control measures will be used during construction, including
silt fences, hay bale sediment barriers, and temporary swales within the construction area,
�» to minimize any off -site sediment transport.
-+ V. VESTED RIGHTS
Pursuant to Section 4 -140 of the Pitkin County Land Use Code, the applicant hereby
requests that this development, including the development of up to 5,750 sq. ft. of residential
floor area on the property, be granted vested rights status.
VI. CONCLUSION
The applicant has responded to all applicable criteria of the Pitkin County Land Use Code,
pursuant to direction given during the pre - application conference. Sufficient evidence has
been provided of the project's compliance with said criteria, and commitments have been
made to insure that the proposed development will mitigate its development impacts. The
applicant will respond in a timely manner to requests by any reviewing agency for additional
.. information, or clarification of the statements made herein.
_ Michelson 1041 Hazard Review and Scenic Foreground Overlay Page 17
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Miller Purcha of Tract I J.H. McCabe anch Tracts
1. Plat is re rded in Plat Book 10 at pages 47 -49. Need to
review full ize prints.
2. There was an cess and utility easement granted across the
property at Bo 745, Page 62 This easement appears to
provide access t the McCabe Ra ch Subdivision (the low impact
subdivision appro d adjacent to J.H. McCabe Ranch Tracts).
There is also an u ergroun electric easement (Holy Cross)
recorded at Book 66 Page 7 3.
3. Tract 1 is the benefi 'ar of an easement recorded at Book
754, Page 914, allowing owner of Lot 1 to use a 45,000 sq.
ft. area on the adjacen open space parcel for a pond and
soccer field.
4. Need to get a copy of he i rovement survey being prepared
for the sale to see ere th easements are located and how
they may affect the ilding a velope.
5. Are there any par icular issue they want me to address?
House size limits, DR's, etc. Do ey want a written report?
Chris said I s uld do a brief 1 ter /memo to him that
references the elevant issues from he prior letter and
identifies any ther new issues that ap y.
6. According to Rick Magill, in his me concerning the
Insubstantia Change to Tract 7, the dri way for Tract 1
traverses a elatively steep slope. Has t already been
installed?
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Old Republic National Tide Insurance Company
ALTA COMMITMENT
Schedule A
Property Address:
SNOWMASS, CO 81654
1. Effective Date: April 20, 2000 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"ALTA" Owner's Policy I0-17 -92
Proposed Insured:
KEVIN MICHAELSON
Our Order No. Q380974
Cost. Ref.:
$275,000.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Tide to the estate or interest covered herein is at the effective date hereof vested in:
ERIC MICHAEL ROCHIN
5. The land referred to in this Commitment is described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
Our Order No. Q380974
LEGAL DESCRIPTION
A TRACT OF LAND SITUATED IN THE EI12SW1 /4 OF SECTION 22, TOWNSHIP 9 SOUTH, RANGE
86 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING NORTHERLY AND EASTERLY OF THE
CENTER OF A 60 FOOT ROADWAY AND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER OF SAID ROADWAY WHENCE THE SOUTH QUARTER
CORNER OF SAID SECTION 22 BEARS SOUTHE 01 DEGREES 32'17" EAST 1169.97
FEET;
THENCE SOUTH 60 DEGREES 53'47" WEST 30.69 FEET ALONG THE CENTER OF SAID
ROADWAY;
THENCE SOUTH 79 DEGREES 14'00" WEST 354.00 FEET ALONG THE CENTER OF SAID
ROADWAY;
THENCE 90.21 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 84.07
FEET, THE CHORD OF WHICH BEARS SOUTH 48 DEGREES 29'30" WEST 85.95 FEET;
THENCE SOUTH 17 DEGREES 45'00" WEST 103.00 FEET ALONG THE CENTER OF SAID
ROADWAY;
THENCE 109.96 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
35.00 FEET, THE CHORD OF WHICH BEARS NORTH 72 DEGREES 15'00" WEST 70.00
FEET;
THENCE NORTH 17 DEGREES 45'00" EAST 30.00 FEET ALONG THE CENTER OF SAID
ROADWAY;
THENCE 99.00 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
286.49 FEET, THE CHORD OF WHICH BEARS NORTH 07 DEGREES 51'00" EAST 98.51
FEET;
THENCE NORTH 02 DEGREES 03'00" WEST 51.00 FEET ALONG THE CENTER OF SAID
ROADWAY;
THENCE 97.82 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
191.72 FEET, THE CHORD OF WHICH BEARS NORTH 12 DEGREES 34'00" EAST 96.76
FEET;
THENCE NORTH 27 DEGREES 11'00" EAST 45.00 FEET ALONG THE CENTER OF SAID
ROADWAY;
THENCE 99.70 FEET ALONG THE ARC OF A CUARVE TO THE LEFT HAVING A RADIUS OF
523.26 FEET, THE CHORD OF WHICH BEARS NORTH 21 DEGREES 43'30" EAST 99.55
FEET;
THENCE SOUTH 73 DEGREES 44'00" EAST 30.00 FEET TO A POINT ON THE EASTERLY RIGHT
OF WAY LINE OF SAID 60 FOOT ROADWAY;
THENCE NORTH 86 DEGREES 55'58" EAST 279.51 FEET ALONG THE CENTER OF A 10 FOOT
EASEMENT;
THENCE SOUTH 33 DEGREES 32'55" EAST 235.00 FEET ALONG THE CENTER OF SAID
EASEMENT TO A POINT IN THE CENTER OF SAID 60 FOOT ROADWAY, THE POINT OF
BEGINNING.
COUNTY OF PITKIN
STATE OF COLORADO
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Schedule B -1
(Requirements) Our Order No. Q380974
Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be
insured.
Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit:
NOTE: IF THE IMPROVEMENTS HEREIN TO BE INSURED HAVE BEEN NEWLY CONSTRUCTED,
THE PROPOSED INSURED MUST INFORM LAND TITLE GUARANTEE COMPANY, AT WHICH
TIME LAND TITLE GUARANTEE COMPANY RESERVES THE RIGHT TO MAKE ADDITIONAL
REQUIREMENTS PRIOR TO ITS AGREEMENT TO DELETE STANDARD EXCEPTION NUMBER 4
OF SCHEDULE B -I OF THE POLICY OF TITLE INSURANCE. IN ADDITION, LAND TITLE
GUARANTEE COMPANY RESERVES THE RIGHT TO REQUEST COPIES OF THE MORTGAGOR'S
LOAN APPLICATION AND APPRAISAL IN THE EVENT MECHANIC'S LIEN COVERAGE IS
REQUIRED.
NOTE: ITEMS 1 -4 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEIPT OF
AN APPROVED SURVEY AND A NOTARIZED FINAL LIEN AFFIDAVIT.
NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE
RECORDS THE DOCUMENTS REQUIRED UNDER SCHEDULE B -1.
NOTE: UPON PROOF OF PAYMENT OF 1999 TAXES, ITEM 7 UNDER SCHEDULE B -2 WILL
BE DELETED AND ITEM 6 WILL BE AMENDED TO READ:
TAXES AND ASSESSMENTS FOR THE YEAR 2000, AND SUBSEQUENT YEARS, NOT YET DUE
OR PAYABLE.
1. GOOD AND SUFFICIENT DEED FROM ERIC MICHAEL ROCHIN TO KEVIN MICHAELSON
CONVEYING SUBJECT PROPERTY.
ALTA COMMITMENT
Schedule B -2
(Exceptions)
C
Our Order Na. Q380974
lis
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:
I . Rights of claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and
inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material theretofore 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 Cotmnitment.
6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office.
7. Any unpaid taxes or assessments against said land.
8. Liens for unpaid water and sewer charges, if any.
9. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE
PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER
SERVICE OR STREET IMPROVEMENT AREA.
10. WATER RIGHTS OR CLAIMS TO WATER RIGHTS.
11. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY 11, 1904, IN BOOK 55
AT PAGE 509 AND RECORDED AUGUST 1, 1907 IN BOOK 55 AT PAGE 523
12. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 1, 1907
IN BOOK 55 AT PAGE 523, RECORDED APRIL 11, 1911 IN BOOK 55 AT PAGE 187.
13. AN UNDIVIDED ONE -HALF OF ALL OIL, GAS AND OTHER MINERALS, TOGETHER WITH THE
RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF OPERATING AND DEVELOPING
THE SAME, AND THE RIGHT TO ENTER UPON AND USE SO MUCH OF THE SURFACE OF
SUBJECT PROPERTY AS MAY BE NECESSARY IN THE EXPLORATION, DEVELOPMENT AND
PRODUCTION OF SAME, AS RESERVED BY CHARLES REDD IN THE DEED TO BURTON
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Schedule B -2
(Exceptions) Our Order No. Q380974
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:
TUTTLE RECORDED OCTOBER 2, 1951 IN BOOK 176 AT PAGE 603, ANY AND ALL
ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
14. AN UNDIVIDED ONE -HALF INTEREST IN AND TO ALL OIL, GAS AND OTHER
HYDROCARBONS AND ASSOCIATED SUBSTANCES AND ALL OTHER MINERALS OF EVERY
KIND AND CHARACTER, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR THE
PURPOSE OF EXPLORING, MINING OR DRILLING AND REMOVING THE SAME, UPON
PAYMENT OF SURFACE DAMAGES, AS RESERVED BY BURTON TUTTLE IN THE DEED TO
JAN CHRISTIANSEN RECORDED APRIL 27, 1966 IN BOOK 220 AT PAGE 190, ANY AND
ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
15. AN UNDIVIDED ONE -HALF INTEREST IN AND TO ALL OIL, GAS AND OTHER
HYDROCARBONS AND ASSOCIATED SUBSTANCES AND ALL OTHER MINERALS OF EVERY
KIND AND CHARACTER, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR THE
PURPOSE OF EXPLORING, MINING OR DRILLING AND REMOVING THE SAME, AS SET
FORTH IN THE DEED FROM JAN R. CHRISTIANSEN TO SNOWMASS DEVELOPMENT COMPANY
RECORDED APRIL 27, 1966 IN BOOK 220 AT PAGE 193, ANY AND ALL ASSIGNMENTS
THEREOF OR INTERESTS THEREIN.
16. AN UNDIVIDED ONE -HALF INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS OF
EVERY KIND AND CHARACTER, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS
FOR THE PURPOSE OF EXPLORING, MINING AND PRODUCING THE SAME, UPON PAYMENT
OF PROPORTIONATE SHARE OF SURFACE DAMAGES, AS RESERVED BY J. BURTON TUTTLE
IN THE DEED TO JAN R. CHRISTIANSEN RECORDED JUNE I, 1967 IN BOOK 227 AT
PAGE 226, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
17. AN EASEMENT FOR IRRIGATION DITCH ACROSS SUBJECT PROPERTY, TOGETHER WITH THE
RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF USING AND MAINTAINING SAID
DITCH, AS RESERVED BY J. BURTON TUTTLE IN THE DEED TO JAN R. CHRISTIANSEN
RECORDED JUNE 1, 1967 IN BOOK 227 AT PAGE 226.
18. AN EASEMENT 24.00 FEET IN WIDTH FOR A ROADWAY AS CONSTRUCTED, AS RESERVED
BY J. BURTON TUTTLE IN THE DEED TO JAN R. CHRISTIANSEN RECORDED JUNE 1,
1967 IN BOOK 227 AT PAGE 226.
19. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR
NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED JUNE 24, 1968, IN
BOOK 235 AT PAGE 137.
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ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. Q380974
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:
20. EASEMENTS AND RIGHTS OF WAY FOR INGRESS AND EGRESS, ROAD AND UTILITY
PURPOSES AS CONSTRUCTED AND IN PLACE, AND AS CONVEYED BY JAN R.
CHRISTIANSEN AND /OR SNOWMASS DEVELOPMENT COMPANY, AND AS SET FORTH IN THE
PROTECTIVE COVENANTS OF SHIELD -0- TERRACES RECORDED JUNE 24, 1968 IN BOOK
235 AT PAGE 137.
21. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS
SET FORTH IN ELECTRIC EASEMENT AGREEMENT BY AND BETWEEN IAN ROBERTSON,
GOLDIE HAWN, DRUCILLA FINKLE AND CHERYL SANDERS RECORDED NOVEMBER 2, 1993
IN BOOK 729 AT PAGE 105.
22. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 96 -145, AN EMERGENCY
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, ESTABLISHING A MORATORIUM ON ISSUANCE OF BUILDING PERMITS FOR
DEVELOPMENT ON REAL PROPERTY ACCESSED BY THE SHIEL O TERRACE AND THE
SHIELD O MESA ROADS AND MODIFYING ROAD STANDARDS FOR SHIELD O TERRACE AND
SHIELD O MESA ROADS, RECORDED JANUARY 31, 1997 UNDER RECEPTION NO. 401412.
23. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 97 -156 RECORDED
SEPTEMBER 04, 1997 UNDER RECEPTION NO. 408013 AND RE- RECORDED FEBRUARY 13,
1998 UNDER RECEPTION NO. 413575
24. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 97 -72 RECORDED APRIL 22,
1997 UNDER RECEPTION NO. 403644.
25. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE 1041 HAZARD
REVIEW MAP RECORDED MAY 11, 1992 IN PLAT BOOK 28 AT PAGE 88 AS RECEPTION
NO. 344593.
26. TERMS, CONDITIONS AND PROVISIONS OF CONSENT TO THE DECLARATION OF
PROTECTIVE COVENANTS OF THE SHIELD O MESA ROAD IMPROVEMENT AND MAINTENANCE
ASSOCIATION RECORDED JANUARY 12, 1998 UNDER RECEPTION NO. 412451.
27. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF INSTRUMENT
RECORDED JUNE 1, 1967 IN BOOK 235 AT PAGE 137, REGARDING AN EASEMENT
RESERVATION.
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Schedule B -2
(Exceptions) Our Order No. Q380974
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:
28. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF DEED RECORDED
DECEMBER 26, 1968 IN BOOK 238 AT PAGE 403, REGARDING EASEMENTS AND
RESERVING ALL MINERAL RIGHTS.
29. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF EASEMENT
AGREEMENT AS SET FORTH IN INSTRUMENT RECORDED DECEMBER 30, 1977 IN BOOK
341 AT PAGE 436.
30. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF EASEMENT FOR
TELEPHONE AND TELEGRAPH FIXTURES AS GRANTED IN RIGHT OF WAY EASEMENT
RECORDED JANUARY 4, 1967 IN BOOK 225 AT PAGE 103.
31. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS AS SET FORTH IN
SHIELD O TERRACES HOMEOWNERS ASSOCIATION RULES FOR USE AND MAINTENANCE OF
SHIELD O ROAD RECORDED MAY 29, 1992 IN BOOK 678 AT PAGE 994.
JV �
Mr. Brian McNellis, Planner
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: MICHELSON 1041 HAZARD REVIEW
Dear Mr. McNellis,
I hereby authorize Alan Richman Planning Services to act as my designated representative
with respect to the land use application being submitted to your office for my property,
located at 707 Shield -O Road. Alan Richman is authorized to submit an application for
1041 Hazard Review to develop the property. He is also authorized to represent me in
meetings with Pitkin County staff and with those County decision - making bodies that will
review this application.
Should you have any need to contact me during the course of your review of this application,
please do so through Alan Richman Planning Services, whose address and telephone number
are included in the land use application.
Sincerely,
Kevin Michelson
P.O. Box 6574
Snowmass Village, Colorado 81615
923 -8515
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FROM:
RE:
DATE:
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Chandler File
Ellen Sassano, Planning Office
Chandler Minor 1041 Hazard Review /Administrative Scenic
Foreground Overlay Review
December 6, 1991
LOCATION: Lot 18 B, Shield O Terrace Subdivision; Section 22,
Township 9 South, Range 86 West;
ZONING:
REQUEST: John Chandler is requesting approval of a minor 1041
Environmental Hazard Review /Category 2 Exemption and administrative
- scenic foreground overlay review. He is proposing to build a 3,100
square foot residence (approximately), with a 500 square foot
~° garage on a parcel which is approximately 2.68 acres in size. The
proposed building envelope is approximately 6,000 square feet in
size.
1041 REVIEW
The applicant's lot is encumbered by slopes exceeding 30% in grade
and wildfire hazard created by brush.
Geologic - Slopes
Slopes within the building envelope range from 11.5% to 28.5 %.
Section 5- 401.2(h)(2) of the Code stipulates that development shall
be discouraged on slopes of 15% and greater unless problems of
stability and erosion can be overcome. Any development approval
is to be based on a detailed site survey including geologic and
engineering analysis and is to comply with the following criteria:
1. Cuts shall not be made into slopes steeper than thirty
percent (30 %), unless mechanical support is provided.
2. Cuts and fills, and grading and scraping shall be
confined to the minimum area needed for construction.
3. Steepness of cut and fill slopes shall be the maximum
which will insure stability and still allow revegetation.
4. Use mulches or temporary cover on exposed soil areas and
re- establish permanent vegetation and install erosion
- control measures as soon as possible.
5. Incorporate natural drainage patterns into the
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development plan.
It is recommended that a professional engineer approve plans for
the building foundation design prior to building permit
application.
The access drive crosses slopes ranging from 6% to 10% in grade and
is therefore, not subject to review.
Wildfire
The site is encumbered by wildfire hazard due to the presence of
oak brush and excessive slopes. The majority of the building
envelope is located in a natural clearing, however a portion of the
envelope encroaches on the oak brush.
The Basalt Fire District has recently constructed a fire station
within 4 to 5 miles of the site (at the Lazy O Subdivision) .
Access to the site is via the Shield O Terrace Road which is
maintained and plowed by the Homeowners Association. Nonethe-
less, response time to this site, due to it's proximity to the fire
station and due to the nature of the existing road, will be less
than optimal, particularly during winter conditions. It is
recommended that the applicant follow the State Forest Service
guidelines for fire mitigation for subdivisions in rural areas
(attached). A non - combustible material such as metal, tile or
asphalt should be used on the roof. It is further recommended that
a 2,000 gallon water storage tank be located on site to provide for
fire flow in the event of wildfire. Finally, it is recommended
that an interior sprinklering system be installed in the residence.
Scenic Overlay / Ridaeline Review
The site is located within a mapped Ridgeline area on the scenic
overlay maps. It is within the Snowmass Creek Road viewplane.
Section 3 -1.13 of the Code, pursuant to Ordinance No. 90 -07,
provides for a Planning Director sign -off when "development within
the mapped scenic overlay is insignificant and will not impact the
visual quality of the ridgeline..." The Planning Director may
approve development with conditions upon the finding that the
development shall not break a ridgeline.
The building site cannot be seen from Snowmass Road in the site
vicinity. It can be seen from Snowmass Creek Road to the south
from over 2 1/2 miles away. However it will not break the skyline
from that viewplane. While it will not break the skyline, it will
be visible from the road and it is recommended that earthtone
colors be used on the residence and that non - reflective material
be used on the roof.
FINDING:
1) The access road and building envelope are located outside of
slopes exceeding 30% in grade. Development on slopes exceeding B�
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°- 15% in grade can be mitigated through compliance with
recommended procedures.
2) Wildfire mitigation can be accomplished by compliance with
recommended procedures
3) The building site does not break the skyline as seen from
Snowmass Creek Road, and as such, is eligible for a Planning
Director sign -off.
2) The applicant has provided a draft site plan.
3) The County Attorney is satisfied that the property was legally
created and has not merged with any contiguous lots.
6) The County Attorney is satisfied that the applicant has legal
access to the site.
d..
Pursuant to sections 5- 400.3(b) and 5- 400.5(b) of the Land Use
-- Code, and Ordinance 90 -07, the Planning Director is authorized to
approve a site plan and application for a Minor 1041 Hazard review,
and a ridgeline review, respectively. Based on the findings
referenced above, Staff recommends approval of the Chandler 1041
Minor Hazard Review and Scenic Overlay Review. Said approval is
r. subject to the recommendations listed below. This memo will serve
as a reference document authorizing approval of said application.
- Planning Director's sign -off on a 1041 Review Site Plan is also
necessary for completion of the administrative review process. The
Site Plan shall be recorded in the Clerk & Recorder's office. A
copy shall be placed in the file.
® CONDITIONS OF APPROVAL:
1. Prior to building permit application, the applicant shall
record a 24 x 36 inch mylar 1041 Review site plan which meets
the approval of the Planning Office and County Attorney. All
conditions of approval shall be noted on the plan.
a' 2. No development shall occur on slopes exceeding 30% in grade
without 1041 review and approval.
3. At building permit application, the applicant shall provide
a detailed site survey including geologic and engineering
analysis. Development shall comply with the following
criteria:
a. Cuts shall not be made into slopes steeper, than thirty
percent (30 %), unless mechanical support is provided.
b. Cuts and fills, and grading and scraping shall be
confined to the minimum area needed for construction.
C. Steepness of cut and fill slopes shall be the maximum
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which will insure stability and still allow revegetation.
d. Use mulches or temporary cover on exposed soil areas and
re- establish permanent vegetation and install erosion
control measures as soon as possible.
e. Incorporate natural drainage patterns into the
development plan.
f. A professional engineer shall approve plans for the
building foundation design prior to building permit
application.
4. At building permit application the applicant shall show
compliance with the following wildfire mitigation measures:
a. The applicant shall comply with Colorado State Forest
Service guidelines for fire mitigation for subdivisions
in rural areas (attached).
b. A non - combustible material such as metal, tile or asphalt
shall be used on the roof.
C. A 2,000 gallon water storage tank shall be located on
site.to provide for fire flow in the event of wildfire.
d. An interior sprinklering system shall be installed in the
residence.
5. Earthtone colors shall be used on the residence and non -
reflective material shall be used on the roof.
6. The applicant shall revegetate all areas disturbed by
construction within one growing season of construction.
7. The applicant shall comply with Pitkin County lighting
standards in effect at the time of building permit
application.
rnG�i,a✓
S za a Ron an, County
Pla ing Director
Tec - 2 3 i laa t
Date
OUTDOOR LIGHTING GUIDEuNEs
Outdoor lighting in Pitkin County is an important consideration
in design as most of our visitors come in winter when nights are
long and weather at its darkest. Lighting should enhance the
sense of place and complement the overall architecture and site
design while satisfying basic functional requirements.
The lighting goal is to relate lighting intensities and fixture
design, height ap¢ location with the use of the area. The
following are fixture and standard design criteria:
A. Fixtures should be contemporary design or reflective of
surrounding architecture.
B. Fixture and pole finish should be easy to maintain. A dark
++ - anodized finish best meets this criteria.
w 1. Linear connections between activity areas may be
lit with bollard -type lighting
2. Light intensities of .1 to .5 foot candles.
C.
Light color should blend with the white of the snow as this
is the most critical use period. Metal halide lamps best
meet this objective.
D.
To withstand snowplow conflicts, the light standards should
be mounted on a concrete base which is reflective of other
concrete detailing on site.
E.
Standards and fixtures should be durable and easily
replaceable.
F.
More light standards are preferable to high light standards
to achieve lighting goals.
r
G.
Reflective qualities of snow should be taken into account so
as to not overlight the site.
H.
All lighting throughout the- site should be baffled to
provide specific directional control of lighting and to
eliminate all up- lighting.
The
following are specific use area requirement:
A.
Areas not requiring lighting should not be lit.
B.
Public parking lot lighting:
1. Overhead 20 to 25 feet
2. Light intensities of 0 to .5 foot candles
-
C.
Secondary pedestrian zones
w 1. Linear connections between activity areas may be
lit with bollard -type lighting
2. Light intensities of .1 to .5 foot candles.
OUTDOOR LIGHTING
Page Two
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D. Primary vehicular access drives
1. dberhead lighting 20 to 25 feet
2. Light intensities of .5 to 1 foot candle
E. High activity pedestrian zones
1. Overheaa'lighting 10 to 14 feet
2. Light intensities .5 to 1 foot candle
F. Security and operation areas
1. Overhead and building mounted lighting to 25 feet
2. Light intensities of 1 to 2 foot candles
G. Specialty accent lighting may be utilized for primary
entrance signs, sculpture and to accent landscape features.
This lighting should meet lighting criteria for the Pitkin
County Sign Code.
I
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PITRIN COUNTY
PRE- APPLICATION CONFERENCE SUMMARY
DATE: October 23, 2002
PROJECT: Michaelson 1041 Hazard Review, Conceptual Submission and Scenic Overlay
Review
• LOCATION: Lot 1813, Shield O Terrace Subdivision
OWNER/APPLICANT: Kevin Michaelson
" REPRESENTATIVE: Alan Richman Tel: 920 -1125
,F. PLANNER: Brian McNellis Tel: 920 -5092
1. Type of Application: 1041 Hazard Review, Conceptual Submission, and Scenic Overlay Review
2. Description of Project/Development: The Applicant proposes to establish a new building
.. envelope for the construction of a single- family residence on his property.
3. Areas in which the Applicant is requested to respond, types of reports:
• Article 2, Land Use Policies;
• Section 3-60, Environmental & Aesthetic Standards;
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• Section 3-6 60-040, Scenic Overlay;
• Section 3 -70, Water Resources;
• Section 3- 80,1041 Hazard Review;
• Section 3 -110, Improvements and Services
4. Review is before: Hearing Officer
5. Public Hearing: Yes, at Hearing Officer. The applicant shall post a public notice sign on the
property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners
and mineral estate owners at least 30 prior to the hearing with the return address of the
Community Development Department (copy of the notice to be obtained from the Community
^� Development Department). The names and addresses shall be those on the current tax records of
Piddn County as they appear no more than 60 days prior to the date of the public hearing.
6. Will be referred to: Wildlife Biologist, Environmental Health, Colorado State Forest Service,
County Engineer, Shield O Terrace Homeowners, Snowmass/Capitol Caucus, Basalt and Rural
Fire Protection District.
�• 7. What fees was the applicant requested to submit: Planning Office - $2,500 (The County
Engineer will be billed at a rate of $65 per hour on the final bill)
8. To apply, submit seven (7) copies of the following information, unless otherwise noted
(please use double sided copying when possible). Application is required to be submitted
digitally (acceptable formats are:. ft4.doc,.wpd,.rtf,.jpeg, •per
• Letter of request (application), addressing Code Sections listed above.
• 24" X 36" folded Site Plans (please see attached site plan requirements);
• Documentation of how and when parcels were created (I copy);
• Letter from owner authorizing representative, if applicable (I copy);
.. . Documentation or Chain of Title/Proof of ownership (from a title company or attorney licensed
in the State of Colorado) including legal description (I copy);
• A list of adjacent property owners and mineral estate owners (1 copy);
• Total fee for review of the application;
• Copy of this pre- application form (I copy);
PLEASE NOTE: 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
complete review of the application.
prior to final approval, the applicant shall certify either through sworn affidavit or by an attorney licensed
to practice law in the State of Colorado that notice has been made to any mineral estate owners as required
by C.R.S section 24- 65.5 -103.
R
13 - ;; 1; "
October 25, 2002
Kevin Michelson
P.O. Box 6574
Snowmass Village, CO 81625
Re: Lot 18 -B Shield -O- Terrace 1041 Wildfire Hazard Review
Dear Kevin,
• • Ir
- State Services Building
222 S. 6th Street, Room 416
Grand Junction, Colorado 81501
Telephone: (970) 248 -7325
Please include this letter with any application to Pitkin County. When I get the referral
from the county I will defer to the comments contained in this letter.
I inspected the site with the owner on October 17 I don't foresee any problems with
the access either existing or proposed. Kevin participated in the Colorado State Forest
Service 2001 Wildland Urban Interface mitigation grant program in 2001. As a result
much of the existing fuel in the proposed building envelope has been thinned and
clumped to the Colorado State Forest Service standard to create a defensible space.
The envelope has an east facing aspect with a slope in the 20% range. The vegetation
is grass, oak/serviceberry and aspen. I would rate the wildfire hazard as low to
medium. Uphill from the mitigated envelope the fuels are dense and would carry a
severe wildfire hazard rating. Avoid building in this area or mitigate the fuels to the
same standard.
The only recommendation I have is to build any proposed home in the mitigated fuel
area. Of course the owner will need to take whatever action is necessary to maintain
the existing defensible space.
Feel free to call me with any questions.
Sincerely,
Vince Urbina
Assistant District Forester
Cc: Alan Richman
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Shield -O- Terraces Homeowner's Association
Larry Leonatis
727 Shield -O Road
Old Snowmass, CO 81654
November 5, 2002
To Whom It May Concern:
This letter is to serve notice that Kevin Michelson, of 707 Shield -O Road, is of good
standing with the Shield -O- Terraces Homeowner's Association and current with any and
all assessments.
Respectfully,
7�
Larry Leonatis
President
Shield -O- Terraces Homeowner's Association
EXHIBIT #7
LIST OF ADJACENT OWNERS
OBTAINED FROM COUNTY ASSESSOR'S OFFICE
Lynn Goldsmith
40 Sunset Drive, Unit 10
Basalt, Colorado 81621
Larry and Catherine Leonatis
0727 Shield O Road
Snowmass, Colorado 81654
Ross -Terre Holdings LLC
102 Gibbs Circle
Beaufort, North Carolina 28516
Stewart and Sandra Holmes
0644 Shield O Road
Snowmass, Colorado 81654
Mike & Matt LLC
c/o Sandy Holmes
0644 Shield O Road
Snowmass, Colorado 81654
Sallie Dean Shatz
68 Blue Sage Lane
Snowmass, Colorado 81654 -9143
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MAPS AND DRAWINGS
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MICHELSON 1041 HAZARD REVIEW SITE PLAN
SITUATED IN THE SE114SW114 SECTION 22, TOWNSHIP 9 SOUTH
RANGE 86 WEST, OF THE SIXTH PRINCIPAL MERIDIAN
PIKIN COUNTY, COLORADO
S 73'44'00' E 30.00'
L= 99.70' /
R= 523.26'
n dnKS'm• / l
C LEN = 99.55' /
6RC=N 11'4370' E
N 27'11'00' E 45.00' /
/ L =9781'
R= 197.72'
4= 1971'00' o
10'
V. (Typ j \ .P
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3 46' `\
I C
LLN= 96.76'
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ASSUMED ELEV. = 937,54'
BRC=N 12'31' E
W
60'53'47' W 30.69'
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PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on February 18, 2003, the Hearing
Officer of Pitkin County granted approval for the Michelson 1041 Hazard Review and Conceptual
Submission (P182 -02). The property is situated on Lot 18 B of the Shield -O- Terraces
Subdivision, 707 Shield -O -Road, Snowmass, Colorado. This site specific development plan grants
a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes.
s /James True
Hearing Officer
Pitkin County, Colorado
Published in the Aspen Times Weekly on March 1, 2003.
0
C i
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 4 -90
I, AL-A `'` _ C� %^ ` , being or representing an
Applicant to the Pitkin County Development Permit, personally certify that I have complied with
the public notice requirements pursuant to Section 4 -90 of the Pitkin County Land Use Regulations
in the following manner:
1. 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 to all owners of property adjacent
to the subject property, as indicated on the attached list, on the \1 day of T A" ,
200 a(which is3.1 days prior to the public hearing date of 2 �� . 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 a conspicuous place on the subject property (as it could be seen
from the nearest public way) and that said sign was posted and visible continuously from
the 31 day of 'Sv 2003 to the k* day of 2003. (Must be
posted for at least fifteen (15) full days before the hearing date). A photograph of the
posted sign is attached hereto.
Applicant's name Si afore
Signed before me this_�__day of tr 6
2003by
WITNESS MY HAND AND
My commission expires:4
( Ire
Notary
Notary
PUBLIC NOTICE
RE: MICHELSON 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION (P182 -02)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 18, 2003
to begin at 3:00pm, or as soon thereafter as the conduct of business allows, at the First Floor
Meeting Room of the Courthouse, 506 East Main Street, Aspen, before the Pitkin County
Hearing Officer. To consider an application submitted by Kevin Michelson, requesting to
establish a building envelope to develop a single family residence on Lot 18 B of the Shield -0-
Terraces Subdivision address 707 Shield -O -Road, Snowmass, Colorado.
For further information contact Brian McNellis at the Pitkin Community Development
Department, (970) 920 -5092.
s /James True
Pitkin County Hearing Officer
Published in The Aspen Times on January 18, 2003
Pitkin County Account No. 002.02
Public Private X
]0Ci 54
EXHIBIT #7
LIST OF ADJACENT OWNERS
OBTAINED FROM COUNTY ASSESSOR'S OFFICE
Lynn Goldsmith
40 Sunset Drive, Unit 10
Basalt, Colorado 81621
Larry and Catherine Leonatis
0727 Shield O Road
Snowmass, Colorado 81654
Ross -Terre Holdings LLC
102 Gibbs Circle
Beaufort, North Carolina 28516
Stewart and Sandra Holmes
0644 Shield O Road
Snowmass, Colorado 81654
Mike & Matt LLC
c/o Sandy Holmes
0644 Shield O Road
Snowmass, Colorado 81654
Sallie Dean Shatz
68 Blue Sage Lane
Snowmass, Colorado 81654 -9143
UV�.:J
ti %
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ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of Pitkin County Development Application Fees
PITKIN COUNTY (hereinafter COUNTY) and \4 N %� V"'�3 jet- 4 50V\
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for
\ o-kk \ c\ -A&9 4 V S Lee , � "ou o
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinances
No. 93 -7 and 99 -37 establish a fee structure for Planning applications and the
payment of all processing fees is a condition precedent to a determination of
application completeness.
3. APPLICANT and COUNTY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
COUNTY further agree that it is in the interest of the parties for APPLICANT to
make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT. APPLICANT agrees he will be benefited by retaining
greater cash liquidity and will make additional payments upon notification by the
COUNTY when they are necessary as costs are incurred. COUNTY agrees it will
be benefited through the greater certainty of recovering its full costs to process
APPLICANT's application.
4. 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.
5. Additional Billing shall be computed at the rate of $185.00 per hour of additional Community
Development Department and Land Management staff time required. Refunds of unused hours shall be
made at the rate of $185.00 per hour of time.
6. The Community Development Department Director shall establish appropriate guidelines for the
collection of Additional Billings as required.
7. This fee structure shall be reviewed annually as part of the County budget hearing process and should
any adjustments be necessary, they shall be changed to become effective on January 1.
8. The Community Development Department shall identify, prior to or at the time of submission of a land
use application, whether an application is to be referred to the Engineering, Environmental Health,
Wildlife Officer, or Housing Departments or whether a County Clerk Administrative Fee is required.
The Community Development Department shall also identify whether an application constitutes a
minor or a major referral, based on the number of hours which will be required to review the
application, and charge the applicant for each referral accordingly. Additional Billings and Refunds
shall not apply to the computation of referral fees.
In the event that staff determines that special expertise is required to assist the Community Development
Department in the review of a permit application such costs will be borne by the applicant.
Revised 05/05/00
JJU0537
5. 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 an initial deposit in the amount
of S 2Soo which is for hours of staff time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
COUNTY to reimburse the COUNTY for the processing of the application
mentioned above, including post approval review. 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
Print Name
2LL
Signature
Date:
Mailing Address:
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05/05/00
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13795 ^^
t-- VRAUMTY DEVELOPMENT DEPARIONT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526
Pitkin County
Land Use:
172 Board of Adjustment
159 County Land Use Code
173 Deposit
174 Flat Fee _ ( �_ 0o
162 Zoning and Sign
169 Public Notice
160 Planning Enforcement
Referral Fees:
RB115 Access Permit
LUCO1 County Clerk
193 County Engineer
194 Environmental Health
198 Housing
190 Land Management
196 Wildlife Officer
Building Fees:
170 Board of Appeals
135 Building Code Sales
105 Building Permit
100 Contractor License
120 Electrical Permit
195 Energy Code Review
115 Mechanical Permit
150 Plan Check
110 Plumbing Permit
130 Reinspection
151 Aspen Sanitation
152 AVID Fire Marshal
Other Fees:
155 Use Tax
165 Copy
Performance Deposit
185 Park Dedication
188 Parking Cash in Lieu
IS CIS Requirements
RB116 Road Impact Fees
B1202 Road impact Fee
131203 School Impact Fee
tw
TOTAL 2500. Op
ADDRESS /PROJECT:
CHECK# i p
CASE /PERMIT#: PI DL'Oy #OFCOPIES:
DATE: INITIAL:
MICHELSON 1041 HAZARD REVIEW SITE PLAN
SITUATED IN THE SE114SW114 SECTION 22, TOWNSHIP 9 SOUTH
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