Loading...
HomeMy WebLinkAboutpitkin.planning.264316101003DOCUMENT 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 copies (11117) Fi! CASE NAM PROJ ADDR: 0106 Little Texas Ln Lot P Little Texas OWN /APP: Melberg,Tom ADRF C /S /Z:F PHN:r REP:I ADR: C /S /Z: PHI Email Addr: ALLOCATED HOU FEES DUE:— FEES RCVD:F— % OVER: REF: BY F DUE: MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: _ 7/17/1990 jP&Z INO F BOCC Reso: F— F— No F— VR EXPIRES: No � BOCC Ord: REMARKS no vesting PZ: CASE TYP3: HRG OFF: CLOSED: BY: HO INDEX: ADMIN: � k Flle Location: 7/17/1990 I Box #212 PLAT RECORDED 8/24/1990 PLAT (BK,PG): 624 P76 #325576 ADMIN INDEX: VR APPROVAL DATE:F VR EXPIRES: CASE TYP: 1041 Hazard Review CASE TYPE: CASE TYP2: CASE TYPE: CASE TYP3: CASE TYP7: F— CASE TYP4: Date Scanned: 1/' 7/17/1990 I Box #212 CASELOAD SUMMARY SHEET Pitkin County dog J y DATE RECEIVED: 4/20/90 P R EL ID AND CASE NO. DATE COMPLETE: 7 i 7 Sv ck 5 "00-3 P49 -90 STAFF MEMBER: PROJECT NAME: Project Addre APPLICANT: Tom Melberg Applicant Address: REPRESENTATIVE: Davis /Horn Representative Address /Phone: 300 E. Hyman. Suite B Aspen CO 81611 925 -6587 PAID: YES NO AMOUNT: $890.00 NO. OF COPIES RECEIVED: 8 TYPE OF APPLICATION: 1 STEP: _ 2 STEP: P &Z Meeting Date PUBLIC HEARING: YE NO VESTED RIGHTS: YES NO BOCC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Staff Level: 1041 Minor Hazard Review: Date of Approval REFE � ttorney _ Aspen Consol S.D. _ School District Engineer _ Mtn. Bell _ Rocky Mtn Nat Gas Housing /holy Cross State Hwy Dept Water _� Fire Marshall (Glwd) (GrJtn) EE pen tg v ir. Hlth. Snowmass Vill Zoning anger FAA CO Geo. Survey Div. Wildlife Div. Water Res. USFS (Aspen) Caucus USFS (Carbondale) other: DATE REFERRED: /r 4 7 o INITIALS: FINAL ROUTING: DATE ROUTED: _ County Attorney. County Engineer Zoning Housing � Envir. Health _ other: 00000t Pz_ V /- O pa (-.;7 -P� 4-1 i�:( ?c 4.. �'l D� 628 -G 33 r w w RESOLUTION OF THE PITKIN COUNTY PLANNING AND ZONING COMMISSION GRANTING 1041 GEOLOGIC AND FLOODPLAIN HAZARD REVIEW APPROVAL TO THE MELBERG /PATE APPLICATION Resolution No. PZ -90- ,�G WHEREAS, Jack Pate, hereinafter "Applicant ", has applied to the Planning and Zoning Commission of Pitkin County, Colorado, hereinafter "Commission ", for 1041 Geologic and Floodplain Hazard approval for a single - family residence pursuant to Section 5- 400.2(a) (1,2) of the Land Use Code; and WHEREAS, the Applicant's lot is zoned AF -1 and contains approximately 29,225 square feet; and WHEREAS, said parcel is described as Lot P, Little Texas Subdivision, accessed off Upper Woody Creek Road; and WHEREAS, the Applicant is proposing to construct an addition to an existing single - family residence; and WHEREAS, the proposed addition will encroach on slopes exceeding 30% but will not encroach into the 100 year floodplain of the Roaring Fork River area; and WHEREAS, the Commission considered the Application at duly noticed public hearings on July 3 and July 17, 1990; and WHEREAS, the Commission determined that excessive slopes can be mitigated, given mitigation techniques recommended by Dar Powell in his letter of April 4, 1990, attached as Exhibit " A " ; and WHEREAS, the Commission determined that there 'is a legitimate reason to allow building within the 30% slope area on I. 628 34 ♦ 5 Resolution No. PZ -90 Page 2 this lot; and WHEREAS, said determination is based on the following findings: 1. There is a considerable amount of noise impacting the upper bench of the site; The noise is caused by the proximity of the site to Highway 82, and the airport; and 2. There is a potential for impact from noise on the upper bench resulting from development of the Rio Grande railroad right -of -way as a mass transit corridor; and 3. Allowing building to occur slightly down the slope will alleviate the noise impact to some extent; and 4. Less visual impact to the State Highway 82 Corridor will be caused by building on the slope area of this site rather than building on the upper bench. WHEREAS, the Commission made the determination that the riverside boundary of the building envelope shall be located approximately nine feet in elevation below the top of the slope measured at the center of the lot to the 89 foot elevation line as delineated on the site plan. NOW, THEREFORE, BE IT RESOLVED by the Commission that it does hereby grant 1041 Geologic and Floodplain Hazard Review approval to the Applicants subject to the following conditions: 1. The applicant shall adhere to criteria stipulated in Section 5 -401.2 of the Land Use Code. Criteria is as follows: a. Cuts shall not be made into slopes steeper than thirty percent (30 %), unless mechanical support is provided. An engineering report shall be submitted prior to issuance of a building permit. b. Cuts and fills, and grading and scraping shall be confined to the minimum area needed for construction. All disturbed areas shall be revegetated within one growing season after completion of construction. 2. A landscaping and drainage plan shall be submitted and 4 " f `"u 0003 6213 G. 35 Resolution No. PZ -90 '5�O Page 3 approved prior to the issuance of a building permit. The plan shall incorporate the following recommendations: a. Steepness of cut and fill slopes shall be the maximum which will insure stability and still allow revegetation. b. Use mulches or temporary cover on exposed soil areas and re- establish permanent vegetation and install erosion control measures as soon as possible. C. Incorporate natural drainage patterns into the development plan. d. Run -off water shall be channeled down the slope away from the foundation; e. Existing natural vegetation on the slope should be maintained; and f. There should be positive drainage away from foundation footers. g. If a major portion of the slope is excavated for construction, footers shall be placed at the base of the slope, on grade with the eastern margin of the lower terrace. h. The applicant shall abide by mitigation techniques as recommended by Dan Powell in his letter of April 4, 1990, attached as Exhibit "A ". 3. No development shall occur outside of the established building envelope. 4. The riparian zone associated with the Roaring Fork River shall be preserved in its natural state in order to continue to provide habitat for wildlife species in the area. The following shall apply to the riparian zone: a. Native vegetation shall be maintained along the river bed. b. Thinning and pruning of this vegetation shall be prohibited unless written approval is obtained from the Colorado Division of Wildlife. 5. The septic system designed for the site shall meet the approval of the Environmental Health Department. The applicant shall obtain approval prior to issuance of a building permit. me 628 PG 36 Resolution No. PZ -90 G Page 4 6. Prior to issuance of a building permit, the applicant shall provide documentation of an adequate domestic water supply. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. 7. The residence shall be limited to one fireplace and one certified stove. 8. Construction hours shall be limited to the hours of 7:00 a.m. to 7:00 p.m. 9. The applicant shall prepare a site plan for recordation which meets the approval of the Planning Department and the County Attorney. The riverside boundary of the building envelope on said plan shall be located approximately nine feet in elevation below the top of the slope, measured at the center of the lot, to the 89 foot elevation line as delineated on the site plan. 10. All material representations made in the public hearing and in the application shall be adhered to. APPROVED by the Pitkin County Planning and Zoning Commission at its regular meeting on July 17, 1990. PITKIN COUNTY PLANNING AND ZONING COMMISSION Suzann Caskey, Chairman ATTEST: Deborah Skehan, Administrative Assistant APPROVED AS TO FORM: Thomas F. Smith, County Attorney J E LS 000005 APPROVED AS TO CONTENT: P(_%-.-WELL & ASSOC ;:tATES CON f U LT I N O O, O L O C I, I f P.O. BOX 60204 GRAND JUNCTION, CO 81506 (303) 241 -15865 4 April 1990 Alice Davis 300 East Hyman, Ste. B Aspen, CO 81611 Ref. Geological evaluation of site for single- family dwelling, Lot P, Little Texas subdivision, Pitkin County, CO. Dear Ms. Davis: I have completed the geologic appraisal of the subject property /building site for the required HB 1041 hazard review. The property is in the SW /4 NE /4 of Section 16, T. 9 S., R. 85 W., about seven (7) miles north of Aspen, Pitkin County, Colorado. The subject lot stretches from the east bank of the Roaring Fork River east- ward across a narrow, younger river terrace, thence upward and over a west - facing 25- feet -high bench onto the flat surface of an older river terrace. The lower and upper terraces are composed entirely of rounded, river- deposited boulders, cobbles and gravel in a matrix of porous sand made of decomposed rock fragments. A thin, porous, sandy soil containing minor amounts of clay and humus mantles the entire lot. Bedrock beneath the terrace levels is not exposed but is inferred to be Mancos Shale. However, terrace gravels are at least 12 feet thick on the lower level and 30 feet thick on the upper terrace. The slope leading from lower to upper terrace levels is presently stabilized by vegetation, mainly mature Gamble's oak and serviceberry. However, the natural slope is probably not greater than the maximum angle of repose of the terrace gravels. The anticipated building envelope for the residence will include the slope, from its base to the upper level, and an adjacent portion of the terrace flat. Soil, subsoil, and underlying terrace material are practically uncompressible, exhibit excellent internal (matrix) porosity and drainage, and contain minimal amounts of clay. Consequently, standard foundation designs should be adequate for the substrate. However, if a major portion of the slope is excavated for construction, the footers should be placed at the base of the slope, on grade with the eastern margin of the lower terrace. This placement will help to ensure minimum under- cutting of footers by internal drainage within the terrace gravels in the buil- ding envelope. With regard to stability of the terrace slope, after construction, care should be taken to minimize surface run -off of water down, the slope. Specifically, run -off should not be channeled down the slope. It is further suggested that existing, natural vegetation be maintained where feasible on the slope which would preclude any significant watering of these xerophytes. , !!Ills .I: 41 Fec $.iil; B�. 628 rG 38 'viz nPVI c•; +i;n Cn'. C'er! Iior 7.00 I Page 2 Despite the porous soils and substrate, the granitic composition of the terrace material might subject the site to slight emanations of radon gas. Adequate sub - floor ventilation or gas shield should be provided to ensure acceptable levels of radiation within the home. In conclusion, the homesite and building envelope are well suited for almost any kind of construction, provided that the recommendations above are followed. Please feel free to call me should questions arise. Yours faithfully, J. Dan Powell, Ph.D. Registered Professional Geologist cc: Mr. Tom Melberg IOWILL 6 ASSOCIATES 00000 TO: Pitkin County Planning and Zoning Commission FROM: Ellen Sassano, Planning Office RE: Melberg and Melberg /Pate 1041 Special Reviews DATE: July 17, 1990 REQUEST: At the July 3rd meeting, the Planning and Zoning Commission requested site visits to both the Melberg and Melberg /Pate 1041 Hazard Review sites. Commission members are to meet at 7:45 am at the Little Texas Subdivision entrance or at City Hall at 7:30 am on July 17th to carpool to the sites. The primary issues to be reviewed on site are as follows: 1. Extent to which proposed residences are to encroach on sloped embankment; 2. Extent to which riparian area will be impacted by proposed residence locations; 3. Location of proposed residences on slope as they relate to the location of existing and recently approved residences in the Little Texas Subdivision; 4. General location of wells and septic systems in the Subdivision. The Commission will reconvene at 9:00 am for their regularly scheduled meeting, during which the results of the visit will be discussed and a decision made regarding the proposed applications. The original July 3rd Staff memos are attached for reference. MEMO MELBERGPATE_SITEVISIT .S 1111 i MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Ellen Sassano, Planning Office RE: Melberg -Pate 1041 Special Review DATE: July 3, 1990 REQUEST: Jack Pate is requesting approval of a 1041 Environmental Hazard Review. The applicant is proposing to construct an addition to an existing single family home on a lot which is 29,225 square feet in size. The site is encumbered by slopes in excess of 30 %, floodplain and mapped deer winter range. APPLICANT: Jack Pate LOCATION: Lot P, Little Texas Subdivision ZONING: AF -1 1041 REVIEW Slopes The proposed building envelope encroaches on a slope which exceeds 30 percent in grade. 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 development plan. A consulting geologist has reviewed the site, evaluated slope m stability, and suggested mitigation techniques to alleviate the hazards. He concludes that the building envelope is well suited for any kind of construction, provided that the following recommendations are adhered to: 1. Run -off water should be channeled down the slope away from the foundation; 2. Existing natural vegetation on the slope should be maintained; and 3. There should be positive drainage away from foundation footers. He further notes that standard foundation designs should be adequate for the substrate. However, if a major portion of the slope is excavated for construction, footers should be placed at the base of the slope, on grade with the eastern margin of the lower terrace. The Code specifically discourages development on slopes exceeding 15 %. However, Staff notes that the Planning and Zoning Commission recently granted approval for development on slopes exceeding 30`c on a near -by lot. It was determined that mitigation was adequate to accommodate development on the slope. It has been determined that steep slopes can also be mitigated on the applicant's site. It is noted that development on the slope in this particular case will cause less visual impact from Highway 82 than would development on the flat bench above. However, building on the slope will potentially impact the view corridor from the river. Finally, mitigation of the slope hazard is the primary concern in this review. Floodplain While the Roaring Fork River floodplain does encroach on the Melberg /Pate parcel, it is below the building site, as delineated on the site plan. The applicant agrees to maintain the riparian area associated with the River in it's natural state. No development shall occur within the floodplain area. Wildlife Though the site is mapped as deer winter range, Randy Cote has indicated that mapping for the Woody Creek quadrant is inaccurate. New mapping, which has yet to be adopted by the County, has been submitted by the Division of Wildlife to the Planning Office. The updated map has deleted lands located between the Roaring Fork River and Upper River Road from wildlife habitat areas. Based upon discussions with Mr. Cote and new mapping, it is concluded that big game habitat is not a concern 2 000010 on this site. It is concluded however, that the riparian area associated with the river is to be maintained in it's natural state in order to continue to provide habitat for other wildlife species. The Division of Wildlife recommends the following treatment in the riparian zone: 1. Native vegetation should be maintained along the river bed. 2. Thinning and pruning of this vegetation should be prohibited. GENERAL SUBMISSION /BUILDING PERMIT EXEMPTION REVIEW The County Attorney has ruled that lots within existing legally platted subdivisions do not require General Submission review before the Board of County Commissioners. Pursuant to Section 18 -2.5 of the Code, the applicant has addressed proposed water supply and waste water disposal for the site. Bob Nelson, having reviewed the site, indicates that a sophisticated, engineered septic system will be required. It is recommended that the system be located on the lower bench next to the steep slope. Setback variances may be required for placement of the septic system due to the location of the limited area on site considered to be suitable for the system. The applicant commits to install a system which meets the approval of the Environmental Health Department. The site is served by an existing well which, the applicant contends, provides an adequate domestic water supply in terms of quality and quantity. Bob Nelson makes the following comment regarding water provision: There is no information in the submittal as to chemical or bacteriological quality of the drinking water, the maximum pumping rate, the yield, the water main sizing, the existing or proposed water storage, or a legally recorded permit for the well construction or water use. The additional increase in size of the residence on the property and the change from a seasonal Summer usage to year round occupancy could substantially affect the quantity of water available, particularly during low flow periods of the late winter. Water provision for the site shall be addressed to the satisfaction of the Environmental Health Department prior to issuance of a building permit. Finally, the site is served by an interior subdivision road which gains access from Upper Woody Creek Road. Said road is 10 feet in width. County access road standards require a width of 30 M (100011 feet. The County Engineer has recommended that the access easement along this road be widened to 30 feet to conform to standards. In the event that a 30 foot easement cannot be granted, a 20 foot easement will suffice, given County Attorney and County Engineer approval. SUMMARY: While the intent of the Code is to discourage development on slopes exceeding 30 %, it is clear that mitigation of the excessive slope is possible, given procedures recommended by the consulting geologist. The applicant agrees to abide by said recommendations. The applicant agrees to preclude development in the delineated floodplain area and to maintain riparian vegetation associated with the river. The Planning and Zoning Commission recently granted 1041 approval to a nearby lot with similar slope and floodplain characteristics, feeling that carefully planned development, as proposed, can occur in this area without negative impacts to the slope and riparian zones. Finally, while it is not a requirement, it is requested that the applicant consider granting a fishing easement along the Roaring Fork River. Said easement would encompass the area from centerline of the river to 5 feet above the high water line on the bank. RECOMMENDATION: Staff recommends approval of the Melberg /Pate 1041 Review subject to the following conditions: 1. The applicant shall adhere to criteria stipulated in Section 5 -401.2 of the Land Use Code. Criteria is as follows: a. Cuts shall not be made into slopes steeper than thirty percent (30 %), unless mechanical support is provided. An engineering report shall be submitted prior to issuance of a building permit. b. Cuts and fills, and grading and scraping shall be confined to the minimum area needed for construction. All disturbed areas shall be revegetated within one growing season after completion of construction. 2. A landscaping and drainage plan shall be submitted and approved prior to the issuance of a building permit. The plan shall incorporate the following recommendations: 4 .t 000012 a. Steepness of cut and fill slopes shall be the maximum g. If a major portion of the slope is excavated for construction, footers shall be placed at the base of the slope, on grade with the eastern margin of the lower terrace. h. The applicant shall abide by mitigation techniques as recommended by Dan Powell in his letter of April 4, 1990, attached as Exhibit "A ". 3. No development shall occur outside of the established building envelope. 4. The riparian zone associated with the Roaring Fork River shall be preserved in its natural state in order to continue to provide habitat for wildlife species in the area. The following shall apply to the riparian zone: a. Native vegetation shall be maintained along the river bed. b. Thinning and pruning of this vegetation shall be prohibited. 5. The septic system designed for the site shall meet the approval of the Environmental Health Department. The applicant shall obtain approval prior to issuance of a building permit. 6. Prior to issuance of a building permit, the applicant shall provide documentation of an adequate domestic water supply. Quantity and quality of said supply shall meet the approval 5 ti 000013 which will insure stability and still allow revegetation. b. Use mulches or temporary cover on exposed soil areas and re- establish permanent vegetation and install erosion control measures as soon as possible. C. Incorporate natural drainage patterns into the development plan. d. Run -off water shall be channeled down the slope away from the foundation; e. Existing natural vegetation on the slope shall be maintained; f. There shall be positive drainage away from foundation footers. g. If a major portion of the slope is excavated for construction, footers shall be placed at the base of the slope, on grade with the eastern margin of the lower terrace. h. The applicant shall abide by mitigation techniques as recommended by Dan Powell in his letter of April 4, 1990, attached as Exhibit "A ". 3. No development shall occur outside of the established building envelope. 4. The riparian zone associated with the Roaring Fork River shall be preserved in its natural state in order to continue to provide habitat for wildlife species in the area. The following shall apply to the riparian zone: a. Native vegetation shall be maintained along the river bed. b. Thinning and pruning of this vegetation shall be prohibited. 5. The septic system designed for the site shall meet the approval of the Environmental Health Department. The applicant shall obtain approval prior to issuance of a building permit. 6. Prior to issuance of a building permit, the applicant shall provide documentation of an adequate domestic water supply. Quantity and quality of said supply shall meet the approval 5 ti 000013 of the Environmental Health Department. 7. The residence shall be limited to one fireplace and one certified stove. 8. Construction hours shall be limited to the hours of 7:00 a.m. to 7:00 p.m. 9. The applicant shall grant a minimum of a 20 foot access easement to adjacent properties, using the existing access road. Approval of less than a 30 foot wide easement shall be reviewed and approved by the County Attorney and Engineer prior to issuance of a building permit. 10. The applicant shall prepare a site plan for recordation which meets the approval of the Planning Department and the County Attorney. 11. All material representations made in the public hearing and in the application shall be adhered to. ELS MEMO_MELBERGPATE_1041 R 000014 TO: Cindy Houben, Senior Planner FROM: Tom Newland RE: Pate 1041 Hazard Review DATE: June 14, 1990 I have reviewed the information submitted and would like to forward the following comments to you: Steep Slopes: The recommendations of the geologist should be made conditions of approval. Impact on Road System: The proposal will not significantly impact Upper River Road. Internal Road Design: The submitted plat shows no development or access roads on the parcel. I am unable to comment based on the application's statement that no access roads will be built. Trails: It is requested that the applicant consider granting the County a fisherman easement along the Roaring Fork River as it passes through the property. 00A015 ASPEN *PITKIN Iftwe ENVIRONMENTAL HEALTH OEPARMENT To: Cindy Houben, Planning Office From: Environmental Health Department Date: June 13, 1990 Re: Pate 1041 Hazard Review Parcel Lot ID# 2643- 161 -01 -003 The Aspen / Pitkin Environmental Health Department has reviewed the above - mentioned land use submittal under authority of the Pitkin County Code Title II, and has the following comments. SEWAGE TREATMENT AND COLLECTION: Sections 2 -7 and 5 -200: The application indicates that the wastewater for this would be disposed of by means of an individual septic system - absorption field. In our opinion the existing system is probably undersized and fails to conform to acceptable design standards. It should be abandoned and a new sewage disposal system constructed. From our evaluation of the home site with a site inspection and by using the general conditions reported for the soil types (indicated on the Soil Conservation Service maps) it is the department's conclusion that most of lot would not be considered suitable for any type of conventional septic system under existing County Regulation. This is due to the expected high ground water tables in the lower areas of the lot, and to the placement of existing drinking water wells on the upper portions of the property, requiring a minimum setback of one hundred feet (100 to septic system components. There are, however, alternative engineering designs which have the potential to fit into the topography to the southwestern portion of the lot on the lower bench and next to the steep slope. With proper planning such systems for on -site wastewater disposal conform to Pitkin County regulations. It is our opinion that the sewage system for the parcel will be of the type requiring a relatively sophisticated, site - specific engineering design. This is because of the anticipated high seasonal groundwater table mentioned and the location of the Roaring Fork River. Also likely is very rapid permeability in the gravelly alluvial soils in the valley floor. We expect that these geologic and hydrologic conditions on the building lot will dictate that sewage system will be an engineered mound or a system of similar design. A properly engineered mound design can conform to local requirements, but is very costly. Variances from setbacks from property lines and foundations may also likely to be required due to the narrow pie- shaped area which seems to • 00001 130 South Galena Street Aspen, Colorado 81611 303/920 -5070 Pate 1041 June 13, 1990 Page 2 be the most suitable site for sewage disposal system location. �N ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2 -6 and 5 -205: Water is apparently to be supplied from a well serving the existing residential unit. This well is apparently constructed on the property and shown on the site map. This well, proposed to continue to be the water supply, has not been demonstrated to be an "adequate" water supply. There is no information in the submittal as to chemical or bacteriological quality of the drinking water, the maximum pumping rate, the yield, the water main sizing, the existing or proposed water storage, or a legally recorded permit for the well construction or water use. The additional increase in size of the residence on the property and the change from a seasonal Summer usage to year around occupancy could substantially affect the quantity of water available, particularly during low flow periods of the late winter. AIR QUALITY: Sections 2 -17 and 5 -106: Including the addition, the entire house is allowed one woodburning fireplace and one certified clean- burning woodstove. If two devices already exist in the house, no fireplace or solid fuel burning stove may be added to the addition. A permit is needed from this office for any devices that may be installed. There is expected to be no significant impact on air pollution by construction of the addition. NOISE: Section 2 -23 Adverse neighborhood noise impacts can be expected during the construction phase of this project. However, long term impacts are not anticipated. Should complaints be received by this office, Title 25 Article 12 C.R.S. 1973 - Noise Abatement, will be the document used in the investigation. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2 -2 None that are enforced by this office. CONTAMINATED SOILS: The applicant is advised to contact this office for comment should mine waste, waste rock or mine dumps be encountered during the excavation phase of the project. Disposal of such materials off -site is discouraged due to the possibility of excessive heavy metals being present in the soil. � Pate 1041 June 13, 1990 Page 3 This is not a requirement, but simply a request based on past experience in dealing with mine waste and possible negative impacts to humans. 000018 v � s �`, � Wrli � / • C 12" Pine IC SCALF. w PEST ) 20 It. Iterval = Z' i / , / Om R &C 15710 0 C , 10" Spru4 r ) •J' ;pure � h j 000019 T � STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESMURCES DIVISION OF WILDLIFE AN EOUAL OPPORTUNITY EMPLOYER Perry D. Olson, Director 6060 Broadway Denver, Colorado 80216 Telephone: 13031297 -1192 May 29, 1990 Mary Lackner Pitkin County Planning 130 So. Galena Aspen, CO 81611 RE: PATE 1041- Melberg 1041 RE cR TO These homesites should not fall under any wildlife contraints other than riparian zones. Native vegetation should be maintained along the river bed. Thinning and pruning of this vegetation should be prohibited. Randy Cote District wildlife Manager -Aspen DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, William R. Hegberg, Chairman . Dennis Luttrell, Vice Chairman • Eldon W Cooper, Secretary Felix Chavez, Member • Rebecca L. Frank, Member • Gene B. Peterson, Member • George Van Den Berg, Member • Larry M. Wright. Member 0 00 02 0 D�Iorn�• PLANNING • AP RAISING •REAL ESTATE CONSULTING r April 16, 1990 Ellen Sassano Aspen - Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 RE: Melberg -Pate One -step 1041 Environmental Hazard Review and a Building Permit Exemption Review to Construct a New Single - Family Dwelling Unit on Lot P Little Texas Subdivision Dear Ellen: I represent Jack Pate who is seeking a One -step 1041 Hazard Review approval from the Pitkin County Planning and Zoning Commission pursuant to Section 5 -400 and Building Permit Exemption Review pursuant to Section 18-2.5 of the Pitkin County Land Use Code. Tom Melberg has contracted with Jack Pate to acquire the subject site. The subject site is located adjacent to the Roaring Fork River on Lot P Little Texas Subdivision as depicted on the attached vicinity map (refer to Attachment 1) . The site is approximately 29,225 Sq.Ft. in size, zoned AF -1 and improved with a single - family residential dwelling unit. The applicant is seeking approval to construct an addition to the existing structure. One -step 1041 Environmental Hazard Review The site is impacted by slopes in excess of 30 per cent and floodplain hazards. You also requested that the applicant address wildlife hazards. Wildfire hazards are not a site planning The proposed building envelope is not located within a floodplain hazard area. However, a portion of the proposed building envelope encroaches upon a slope in excess of 30 per cent. Attachment 2 is a letter from Powell & Associates, consulting geologists, evaluating slope stability and suggesting mitigation techniques to alleviate the hazards. Dan Powell, Ph.D. concludes in his letter that the building envelope is well suited for any kind of construction, provided that the following recommendations are adhered to: 1. Run -off water should be channeled down the slope away from the foundation; 2. Existing natural vegetation on the slope should be maintained; and 3. There should be positive drainage away from foundation ALICE DAMS, RM ) GLENN HORN, AICP 300 EAST HUMAN • SUITE 6 • ASPEN, COLORADO 81611.303/925 -6587 000021 footers. The proposed building envelope as depicted on Attachment 3 is located within a mapped deer winter range. Despite the mapping, wildlife habitat should not be a factor in the 1041 environmental review. In a discussion with Randy Cote of the Colorado Division of Wildlife, he indicated that the mapping for the Woody Creek quadrant is inaccurate. Randy informed us that the Division of Wildlife recently sent the Aspen - Pitkin Planning Office a new set of wildlife overlays deleting lands located between the Roaring Fork River and Upper River Road from wildlife habitat areas. Based upon our discussions with Randy and the new mapping, wildlife hazards do not affect the subject site. Building Permit Exemption Review to Construct a Single - Family Dwelling Unit Section 18 -2.5 establishes a procedure to exempt single - family dwelling units located on meets and bounds parcels from the full building permit review procedure if a proposed building site lies outside any area of state and local interest. During our pre - applications discussions, the Planning Office and County Attorney determined administratively that the building permit exemption process would also be available for expansions of existing houses on lots located within a platted, recorded subdivisions. The subject site was platted and recorded in 1946 (see Plat Book 2 Page 34A) . To qualify for such an exemption an applicant is required to address proposed water supply and waste water disposal systems. Bob Nelson of the Aspen - Pitkin Environmental Health Department indicates that either an engineered septic system or a leach field on the upper bench will be required. The applicant commits to install a system meeting the approval of the Environmental Health Department. Quality and quantity of water should not be a problem because the site is already served by an existing well. Proof of Ownership and Merger At their request, on Friday, April 13, 1990, I submitted proof of ownership and the title chains to Susan Snyder and Tom Smith to establish that this is a legally subdivided, separately developable lot. Please contact them for verification of title issues. Miscellaneous Issues and Concerns I will be on vacation from April 23, 1990 until May 3, 1990 and will not be available to clarify issues or provide additional information. The applicant is most anxious for this application to be scheduled for review. As of the date of my departure for vacation, there were some outstanding issues regarding the potential merger and the 1946 plat. To avoid the potential postponement of the scheduling of this application I have prepared responses to General Submission /Building Permit Review standards (see attachment 4) and Section 7 -2.4 , the special approval 000022 w 9 standards for separation of a sub - standard size lot located in a "platted subdivision which did not require and did not receive approval by the Board of County Commissioners" (see attachment 5) The following listing of attachments may assist you in reviewing this application: 1. Attachment 1 2. Attachment 2 - Geologist; 3. Attachment 3 4. Attachment 4 Permit Review 5. Attachment 5 Approval Stan( Lot; and Vicinity Map; Letter from Powell Associates, Consulting 1041 Environmental Review Site Plan; Responses to General Submission /Building standards; - Responses to Section 7 -2.4, Special lards for Separation of a Sub - standard Size 6. Attachment 6 - Letter from Jack Pate to Any Margerum Authorizing Alice Davis to Submit a Land Use Application for Lot P Little Texas Subdivision. Thank you for assisting me in preparing this application. Please call me if you need any additional information. sincerely, Alice Davis Planning Consultant 000023 G POWELL & ASSOCIATES CO N S U LT I N G G E O LOG I S T S P.O. BOX 60204 GRAND JUNCTION, CO 81506 (303) 241 -6865 4 April 1990 Alice Davis 300 East Hyman, Ste. B Aspen, CO 81611 Ref. Geological evaluation of site for single- family dwelling, Lot P, Little Texas subdivision, Pitkin County, CO. Dear Ms. Davis: I have completed the geologic appraisal of the subject property /building site for the required HB 1041 hazard review. The property is in the SW /4 NE /4 of Section 16, T. 9 S., R. 85 W., about seven (7) miles north of Aspen, Pitkin County, Colorado. The subject lot stretches from the east bank of the Roaring Fork River east- ward across a narrow, younger river terrace, thence upward and over a west - facing 25- feet -high bench onto the flat surface of an older river terrace. The lower and upper terraces are composed entirely of rounded, river- deposited boulders, cobbles and gravel in a matrix of porous sand made of decomposed rock fragments. A thin, porous, sandy soil containing minor amounts of clay and humus mantles the entire lot. Bedrock beneath the terrace levels is not exposed but is inferred to be Mancos Shale. However, terrace gravels are at least 12 feet thick on the lower level and 30 feet thick on the upper terrace. The slope leading from lower to upper terrace levels is presently stabilized by vegetation, mainly mature Gamble's oak and serviceberry. However, the natural slope is probably not greater than the maximum angle of repose of the terrace gravels. The anticipated building envelope for the residence will include the slope, from its base to the upper level, and an adjacent portion of the terrace flat. Soil, subsoil, and underlying terrace material are practically uncompressible, exhibit excellent internal (matrix) porosity and drainage, and contain minimal amounts of clay. Consequently, standard foundation designs should be adequate for the substrate. However, if a major portion of the slope is excavated for construction, the footers should be placed at the base of the slope, on grade with the eastern margin of the lower terrace. This placement will help to ensure minimum under- cutting of footers by internal drainage within the terrace gravels in the buil- ding envelope. With regard to stability of the terrace slope, after construction, care should be taken to minimize surface run -off of water down the slope. Specifically, run -off should not be channeled down the slope. It is further suggested that existing, natural vegetation be maintained where feasible on the slope which would preclude any significant watering of these xerophytes. 000024 Page 2 Despite the porous soils and substrate, the granitic composition of the terrace material might subject the site to slight emanations of radon gas. Adequate sub - floor ventilation or gas shield should be provided to ensure acceptable levels of radiation within the home. In conclusion, the homesite and building envelope are well suited for almost any kind of construction, provided that the recommendations above are followed. Please feel free to call me should questions arise. Yours faithfully, J. Dan Powell, Ph. D. Registered Professional Geologist cc: Mr. Tom Melberg 000025 VOWELL & ASSOCIATES Attachment 4 General Submission /Building Permit Review Standards In the event it is determined that the subject site does not qualify for a building permit review exemption, I have addressed all of the Pitkin County Land Use Code General submission Regulations within this attachment. Section 5 -100 Soil Surficial Geologic Characteristics and Radiation Refer to the attachment 2, a letter from Dan Powell addressing geological concerns. Section 5 -101 Drainage The house shall be designed with positive drainage away from the foundation. The drainage system shall avoid over loading the steep slope. Section 5 -102 Erosion Soil erosion will not be a problem if the geologic recommendations of Dan Powell are followed. Section 5 -103 Compatibility with Historic and Archaeological Resources There are no known historic and archaeological resources affected by the proposed development. Section 5 -104 Compatibility with Agricultural Lands and Operations The subject site is already developed. Agricultural lands will not be affected by the proposed development. Section 5 -105 Scenic Quality The subject site is barely visible from SH 82. The proposed construction will not increase visible impacts from SH 82 because it is proposed to be constructed down the slope out of view from SH 82. Section 5 -106 Air Quality The applicant will comply with the current County standards for woodburning devices. Section 5 -107 Water Resource Impacts Water quality in the Roaring Fork River will not be impacted by the proposed development. 000026 v� CM Section 5 -200 Sewage Treatment and Collection The site shall be served by an individual waste water treatment system. There will be no demands on public facilities. The individual system will comply with County regulations. Section 5 -201 Impacts on Road System Since the subject site is already developed there will be not be an incremental impact on the County road system resulting from the proposed development. Section 5 -202 Road and Design Construction Road construction is not proposed in association with the proposed development. Section 5 -203 Logical Extension of Utilities Utilities will not have to be extended to the subject site. Section 5 -204 Impacts on Taxes and Management of Necessary Services and Facilities Since the subject site is already improved, there will not be any additional incremental impacts on public services resulting from the proposed development. Section 5 -205 Adequate Provisions for Water Needs The subject site is presently served with an existing well. Section 5 -300 Housing Affordable housing mitigation is not required for the proposed development. The development will be occupied by a local resident. 0 00027 Attachment 5 Section 7 -2.4 Special Approval Standards for Separation of a Sub- standard Size Lot In the event the County Attorney finds that the subject site has merged with an adjacent sub - standard size lot, the site may be separated pursuant to Section 7 -2.4 of the Land Use Code. Section 7 -2.4 reads as follows: Any lot which is substandard as to area and /or width situated within a platted subdivision which did not require and did not received approval by the Board of County Commissioners pursuant to those County Subdivision Regulations adopted in the Commissioners Resolution 72- 17 (or any amendment there to) shall be considered separately developable for the purpose of erecting (or maintaining) one (1) single - family dwelling on each such lot ( without regard to the fact that contiguous lots may be owned by the same person) if the same shall be processed as and receive approval as a use by special review pursuant to Section 6 -3 of this Code. The reviewing agencies shall in addition to the criteria otherwise established by this Code for special review approval consider the following:(emphasis added) Based upon the preceding language, a property owner may apply for a separation of a sub - standard size lot if the lot is situated within a platted subdivision. The Little Texas Subdivision was originally platted in 1946 and recorded (Plat Book 2 Page 34A) and surveyed and replatted in 1959. The surveyed 1959 plat was never recorded, however plat recordation is not a pre- requisite to apply under Section 7 -2.4. I have submitted copies of both plats to the County Attorney with the title information for the subject site. Each of the standards of Section 7 -2.4 are addressed in order below. 1. There are 22 sub - standard lots located in the Little Texas Subdivision. The separate development of the subject site will be consistent with the development character in the surrounding area. 2. The subject lots do not comply with subdivision and zoning regulations. However, the water and waste water disposal systems are in compliance. 3. Since the subject site is already developed, there will be no additional incremental impacts on public services resulting from the proposed development. 4. The physical limitations to site development have been 000028 7aay \.Ni. addressed in the 1041 review. 5. The configuration of the lots lends itself to separate development. The lots have been separately developed for many years. 6. If the subject site can not be separately developed the applicant will incur severe economic loses. The property was purchased with the intention of future development. The sales price was based upon the site's expansion and development potential as a separately developable parcel. 7. The history of acquisition for the subject site and contiguous parcels has been documented in detail within my submission to the County Attorney. The lot was purchased by the applicant with the sole purpose of living on site. The lot has historically been considered a separately developable parcel. On 2/23/87 Pitkin County issued a building permit for a substantial addition to the house on lot 4 Little Texas Subdivision. On 1/6/86 Pitkin County issued a building permit to build a new house on lot 7 Little Texas Subdivision. The issuance of these two building permits led the applicant to rely upon the potential for the subject lot to be legally developed as a separate parcel. 90 -013 OLJ0029 CERTIFICATE OF MAILING RE: MELBERG /PATE 1041 HAZARD REVIEW I hereby certify that on this 30th day of May, 1990, a true and correct copy of the attached Notice of Public Hearing was deposited in the United States mail, first -class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Planning Office by the applicant in regard to the case named on the Public Notice. By: Debbie Skehan Administrative Assistant frm.mailing 000030 - PUBLIC NOTICE RE: MELBERG /PATE 1041 HAZARD REVIEW NOTICE IS HEREBY GIVEN that a public hearing will b Tuesday, July 3, 1990 at a meeting to begin at 9:00 am b Pitkin Planning and Zoning Commission, Commissioner's Room, 506 East Main Street, Aspen, CO to consider an ap submitted by Alice Davis on behalf of her clients, Jack Tom Melberg, requesting 1041 Hazard Review approval for family residence. The property is Lot P, Litt l e held on efore the Meeting plication Pate and a single - e Texas Subdivision, which is located in the SW /4 NE /4 of Section 16, Township 9 South, Range 85 West, 6th PM. For further information, contact the Aspen /Pitkin Planning Office, 130 South Galena St., Aspen, CO (303) 920 -5090. s /Suzanne Caskev . Chairperson Planning and Zoning Commission Published in The Aspen Times on May 31, 1990. Pitkin County Purchase Order No. ,,.-Ie WD031 James and Karen Palazzi 408 Aspen Ariport Business Center Aspen, Colorado 81611 Peter Godfrey Jr. P.O. Box 1974 Kerriville, Texas 78029 William Dinsmoor Box 121 Woody Creek, Colorado 81656 Dan Powell Suite 309 2763 Campass Drive Grand Junction, Co. 81506 Don and Roberta Rayburn Box 1532 Aspen, Colorado 81612 U��Q�C ASPEN /PITKIN PLANNING 130 South Galena Street Aspen, Colorado 81611 (303) 920 -5090 LAND USE APPLICATION FEES City 00113 00125 00123 00115 County 00113 00125 00123 00113 OFFICE - 63250 -134 GMP /CONCEPTUAL - 63270 -136 GMP /FINAL -63280 -137 SUB/CONCEPTUAL -63300 -139 SUB/FINAL -63310 -140 ALL 2 -STEP APPLICATIONS -63320 -141 ALL 1 -STEP APPLICATIONS/ -63220 -132 CONSENT AGENDA ITEMS REFERRAL FEES: ALL 1 -STEP APPLICATIONS/ -63340 -205 ENVIRONMENTAL HEALTH -63340 -190 HOUSING - 63340 -163 ENGINEERING SUBTOTAL -63160 -126 GMP /GENERAL -63170 -127 GMP /DETAILED -63180 -128 GMP /FINAL - 63190-129 SUB/GENERAL - 63200 -130 SUB/DETAILED -63210 -131 SUB/FINAL -63220 -132 ALL 2 -STEP APPLICATIONS -63230 -133 ALL 1 -STEP APPLICATIONS/ CONSENT AGENDA ITEMS -63450 -146 BOARD OF ADJUSTMENT REFERRAL FEES: -63340 -205 ENVIRONMENTAL HEALTH -63340 -190 HOUSING £3360 -143 ENGINEERING PLANNING OFFICE SALES 00113 -63080 -122 -63090 -123 - 63140 -124 -69000 -145 4!�i•U V i a SSA SUBTOTAL —� TOTAL Phone: Projects Date: Q U #of Hours: CITY /COUNTY CODE COMP. PLAN COPY FEES OTHER Check # _ r (03,o Additional billing: _ I I fs r T c-�xc sc: / m / I .. ewwua roean•u . P' _ j - t, t \ ? i?"C J s ; rC swuS i•,,.. P Splva sJ / s �•Y � Sp•w+ l / X / M W Nr4 W.n n�hW � �n S Y i- VY rM a '�nrr .rya <. w�,•w�� cm+., Na nrox4 +ry Mean an . ,M ! . Ie.y a S � A•a A✓ Y.. Ya v uti• _ r sra J aa. m ,axx. ! ,vr •'+:u.Nr . "anNn YN.'w+n.. m. .4rq.nxr. +� . a a� -r..�• a.n Jw - arr�a tan w. .: r'x a�.: •er wleu.0 a e -r A ^YnvFMn! Ml: an alwv !m rc!ppwae ou.rNr .. 'IM :nae'w Jan'bav' bx .3^ .Y.. he �FV. Y aa•:: % o.an.0 e. a Nw n �'ae •mte! b .rave mm xaa n A. Rxv�vN bti r ...w+u. .nn✓ e naMr ..grtYU. w, ar mm+npnq yv; , xt n.w nr, s v� eb rr�Nq w'/ bSalal M.p L yeti � NaW +a N MTvi ry .y . rr. - Wob. = uGar�T Ty aW+.e' N rl✓ d iwrsstiw bun aN, m �mip b Jv wuv n' JLG e.n rc e :s. a Wx wen , wr0a,w aea eFan•w�N h. rva..wG :Nea^.m.r _ M ... .Y Y n'w.ry MAn '. ew '.r 4mnu vJ n nr. rM'aNw'. tfM 4 mIMN� uk •Y Yr ; 1 ;., 0000,34 11e1 b erg —Pa t e 1 041 tiS' to Plan Jy ,x�Nxbw,ry,. Oa4 n. M+e Mr. q L¢.�-v �x, fomMT 9 WH. F'a+Ce Of war N Ye 6M au C.,M nne auY.Wn ,wxa0.e ar Y u ^r •� Mx.. f . e. ! m Da. o-• Y. Away Mrxr/ S w. mr 'r m. -e N f •CJ '.a nyn er a ry ry pan, y a yx ?, '�'•' xN:�1W M a+w. +rvwrr. � N,b• rnS �NFI€: T1Ye A.�.N Hr 4N W�t Mtn LCNVKK'�'H Of 7eEye{.JI{roN NO. $ te-i_ PC1LSDE0 ON DY -. %..3};�IN THE iR1414 GOt?•ffY C1i�F f FEFC%DR/Y G1i1GE. 'Nwjr't Lwtlry.•e(. fn m�M aw'an b w avN� ^ry kw.'.W. ma xFx.Y'!1: R VLSV. t_: 1T':0 dT oinli, Nlwe Co i 1C(h 10 7 /)I i Mc h H fl Ir': /le i l/ u" 1/ve lfiekop 0 J P/e Y // , M, / E 4k If f , , , , i i / , , I I I � , ,, I ", /, , l , ) f If /fd/(fl,w/ji] !ill I 'e, A Ill - r f I Purl/' /A I 2 1 (f oil,pl) c, if i P a . �41, f ra c f f l OM /P ), I X1 /f1 1, 1// r l I ill e i 1/ i 1p If N I vvil/a, i 7ii a "v/) i l ,1' Ic 'o iil / If P e i f I lf e )f) 1pi-o f 111 i f f il lobi'll ood br;6,ill t$/Piled ill, 0// '1 Off 1011W 0/ jr llloo(o I f r, 0" /1// 1 o f If e i/I i, I l P 1, e o l)l Vi, lof'), i fV1 fill llie/ w , f fv i ) i 111JY7 /)o Y' Imm //w/f dufli/ 0 , i,)10,ir I /f It 4 h I i 'ofi/, '/ p Oilo il: i " , , M f/ 1 U fC Ii ),f tif"I , /1f / "hif fe/ ('d Me //w /f i/ , f e, , '/ ) i (d/l I fl f If i /e 1)1;' 7),)1/'1 , ,,1f I/ I l ^1 ,X1 q 11j, q ph, :d)i d/ e fee /o If I, , l/ Oij i ( //f e I) I'l l f f f I I f P, ?I iN i lfilfid /)v / ) I 'o 've I, I ^io J/ i, j"Ie if II "/ i?:f I I /l/b/ alif le ii I l v/ l' "'ll Niv1 v IV f fl lo "I'(l'i , iJY ol'imir l'( l ifi, P, /Ill f /t, ^1 f l )f -f /l, /Ilf i//( vv//h/ If I/'/ e I/ V ( " lfir ,l / ,( lil /i I,') , fir( , 0 /eflohl '' I t"Ic/ool'o fli,ill o, , lo' fillIfill)"'d f/i floe f V /' il If 1111f9ial) NO, / , i / //ul, !, ( f lole( Jil 1// 1 //,I VI/" Ifif , /Nil=, flfilifie1 epoo f"111 p, 1 / it lo //i, b"wet lrll fW l 0/ /A Ili / , , Me , ,r / '(lc .1,;/ m , A /,p if u Ulf , 11, /1 , l( l/) 1, 'ill, e/ Ile Will oof b ll, I li e/ l/ d)( i// h w )p/ ef( // / '/ )i "I /f , I, , , „1!1172 / , 7 i 1, "ll A o eii, if 1” t0 / , I/ i✓ IU, ill l q / W l / f U 1 , /ir (/pp// "<il/ lie 0 i f f if Ifi ji ✓e/ nvif t i, I" e i ?/f i, I( 'fle(elle If ' /M eli� "vo/ ) t1,(/ f, le [ill//!, eiii, pi, 1/11 :lo" i I/ I if f J I, I 1 /if 1 f i" I / M,(/ 11 1/7 7( ?/ ;' ll, �? if Ill /)I Ill /"/I I o "hid/ If, Ili I f f Ili ll i( e//, I 'ot illlf J) ill /it/ If, ellf 1), 1, 01 le 'I , If lz`/( 'il bp 11/f :V'h if I i ? fu (i l ii w ) , lb) /w?' i /, f 0(/f if //li,' i Il I/i ln 11 1/1,1 1 U if j/ f fl/7 ei) q II lh , I , 1, , / f /, , f /I/,Vf /01, C d, f V