HomeMy WebLinkAboutpitkin.planning.264320400009 (2)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 ID.' 12643- 204 -00 -009 " DATE RCVD: 1 9112/2000 #COPIES: 118 CASE D
CASE NAME: Oliphant (Allen) Special Review, GMQS Exemption, 1041 Hazard Review, Planners I"
6. PROJ ADDR: 1 1953 Medicine Bow Rd S -T -R 20 -9 -85
OWN /APP: Olip 'ha nt, Allen G. ADR 1924 S. Utica, #700 C /S /Z: Tulsa, OK 74104 -68 PHN:r
VEP: Glenn Horn ADR: 215 S. Monarch, #104 As
C /SIZ: pen, CO 81611 PHN:r
A�7TEmail Addr: I ALLOCATED HOURS
FEES DUE: 2220 + 300 clerk FEES RCVD: 2520 % OVER
REFERRALS (Attorney, Zoning, Engineer - hourly, CSFS, CDOW, Wildllife Officer, Aspen Fire, Brush Creek HOA
REF: 10/16/2000 BY TKT DUE: 2/6/2001
MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: 5/23/2001
3/6/2001 P 8 Z No F__ BOGC Reso: 102 - 2001 #455446
5/9/2001 BOCC No 1 417/2001
5/23/2001 BOCC F__
o I ': BOCC Ord:
REMARKS 7opy of recorded plat to applicant 10- 25-01 / 1IC PZ:
HRG OFF:
CLOSED: 5131/2001 BY: Jan R
HO INDEX:
ADMIN:
PLAT RECORDED 725 -01 PLAT (BK,PG): 858 P89 #460028 ADMIN INDEX: I
VR APPROVAL DATE: F 5/2312001 VR EXPIRES: 5/23/20045/23/2004 11
CASE TYP: Special Review, GMQS Exemption, CASE TYPS: F
CASE TYP2: CASE TYP6:
CASE TYP3: CASE TYP7:
CASE TYPO: Date Scanned: 2/17/12
File Location: IFF Box #214
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, GRANTING APPROVAL TO THE OLIPHANT 1041
HAZARD REVIEW, CONCEPTUAL SUBMISSION, RIDGELINE REVIEW AND
CARETAKER DWELLING UNIT
Resolution No. 10A -2001
RECITALS
Allen G. Oliphant ( "Applicant ") has applied to the Board of County
Commissioners (`BOCC ") for 1041 Hazard Review approval to establish a
building envelope which will encompass a single family residence as well as an
accessory envelope which will encompass a barn and caretaker dwelling unit.
2. The property is zoned AFR -10 and contains 36.158 acres.
The property is located above Brush Creek Subdivision and is more specifically
described in Attachment "A ".
4. The Applicant was initially requesting Special Review to utilize the subject
property as a receiver site for Transfer of Development Rights.
5. It was determined by the County Attorney that the subject site had secured a
development right upon subdivision and therefore did not require Special Review.
6. The BOCC heard this application at a duly noticed public hearing on May 23,
2001.
The BOCC finds that the building envelope avoids severe wildfire areas and can
be contained within areas of less than 30 percent slopes.
NOW THEREFORE, BE IT RESOLVED by the BOCC that approval is hereby
granted to the Oliphant 1041 Hazard Review, Conceptual Submission, Ridgeline Review
Caretaker Dwelling Unit for a building envelope and accessory envelope subject to the
following conditions which shall run with the land and be binding on all successors in
interest.
Prior to submission of any earthmoving, access, ISDS or building permit
applications, the Applicant shall submit a 1041 Hazard Review Site Plan that
avoids all slopes greater than 30 percent to the Community Development
Department for approval and recording. The site plan shall also be submitted in
digital format for integration into the County's GIS system. The mylar copy of
the site plan must be signed by the owner prior to submittal for recording.
2. Prior to submittal of an ISDS permit for the parcel, the owner shall provide
documentation of adequate quality and quantity of water from a well to the
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Environmental Health Department. The well must be located within the building
envelope.
3. Prior to submission of a building permit application, the owner shall:
A. Obtain approval of an ISDS permit from the Environmental Health
Department. The septic system shall be located within the approved building
envelope and must comply with the setback requirements from surface and
groundwater sources. A qualified professional engineer must design the
system.
B. Obtain a fireplace /woodstove permit from the Community Development
Department.
C. Obtain an access permit for the driveway, which shall be reviewed and
approved by the County Engineer. If the driveway exceeds 30 inches above
or below natural grade within the setbacks, the Applicant shall submit and
the Board of Adjustment shall consider a variance application prior to
submission of the Access Permit. Parking or construction staging is
prohibited on County roads or within the County road right -of -way.
D. Submit a drainage and erosion control plan for review and approval by the
County Engineer.
E. The Applicant shall submit, for review and approval by the County
Engineer, a Construction Management Plan in accordance to the Asset
Management Plan. The Construction Management Plan shall indicate that
vehicles associated with construction (i.e. employee traffic, construction
vehicles, staging and deliveries) shall not violate County Law, such as
parking on County rights -of -way.
F. Submit a weed management plan for review and approval by the Land
Management Department.
4. All structures shall comply with the standards and requirements of the Aspen Fire
Protection District.
5. The owner shall comply with the following wildfire mitigation standards:
A. Brush, debris, and non - omamental 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 thirty -foot (30') perimeter around a structure built on
flat ground.
C. For a distance of 15 feet around all structures, vegetation shall be maintained
at 6 inches or less in height.
D. For a distance of 40 feet uphill and to the sides and 50 downhill from any
structure, existing sage shall be mowed.
E. For a distance of 100 feet in every direction, shrubby material shall be
thinned. Shrubs shall be thinned so that clumps are no larger in diameter
than 2 times the height.
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Resolution No.]/L -2001
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if
F. Existing trees shall be thinned for a distance of 100 feet around structures.
Tree crown separation within this perimeter shall have a minimum of 30 feet
between the edges of the crowns. All branches from trees within this
perimeter shall be pruned to a height of 10 feet above the ground or half the
total height of the tree, whichever is less.
G. All branches that extend over the roof eaves shall be trimmed and all
branches within 15 feet of the chimneys shall be removed.
H. Remove deadfall within 100 foot perimeter shall be removed.
1. The Applicant shall be responsible for the continued maintenance of the
defensible space requirements.
6. The Applicants shall comply with the following additional wildfire mitigation
standards:
A. Roofs shall have a Class A, non - combustible roof system. Wood
shake /shingle roof coverings are prohibited in all wildfire hazard areas.
Roofs with less than a 3:12 pitch are not permitted in 1041 Wildfire Areas
unless they comply with the following:
i. All roof coverings shall be noncombustible materials as defined in
the Uniform Building Code (UBC) 1997 Section 1504 and installed
on a Class A roof assembly.
ii. All roof coverings shall have a surface that shall facilitate the natural
process of clearing the roof.
iii. All roof designs shall facilitate the natural process of clearing roof
debris. Protrusions above the roofline, such as parapets, shall be
prohibited.
iv. Roofs shall be installed as required by UBC 1997 Chapter 15 and
shall have a minimum slope of 1:48.
v. All roof designs, coverings, or equivalent assemblies shall be
specifically approved by the Fire Marshal prior to submittal of a
building permit application.
B. Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 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. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15
feet away from the structure.
G. Swimming pools or ponds shall be accessible to Fire Department vehicles.
H. Fences shall be kept clear of brush and debris.
I. Wood fences shall not connect to the structure.
J. Fuel tanks shall be installed underground with an approved container.
K. 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 -ground tank. Any wood enclosure around the
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Resolution No.JA&-2001
Page 4
tank shall be constructed with materials approved for 2 hour fire - resistive
construction on the exterior side of the walls.
L. Each structure shall have a minimum of one 10 pound approved ABC fire
extinguisher placed in a visible and accessible location.
M. Addresses shall be clearly marked with 2 inch non - combustible letters and
shall be visible and installed on a non - combustible post.
The Applicant shall comply with the following measures to mitigate impacts to
wildlife:
A. Fencing outside of the building envelope shall comply with the fencing
regulations in the Land Use Code.
B. One dog is permitted on the property and shall be kenneled. The kennel
shall be constructed prior to issuance of a Certificate of Occupancy. No
dogs shall be allowed on the property by construction workers.
C. All horses may only be fenced within the building envelope with 8' mesh
game proof fencing.
D. Native vegetation shall be maintained outside of the building envelope as
long as it complies with the wildfire mitigation stated above.
E. Install and use bear proof trash containers. The Applicant shall provide
verification of compliance with this condition to the County's Wildlife
Biologist prior to issuance of a Certificate of Occupancy for the residence.
F. Fruit - bearing trees and shrubs should be avoided in any landscaping.
8. No development, including grading, excavation, fill placement, landscaping,
vegetation removal or disturbance, septic system and well, shall occur outside of the
approved building envelopes, except for utility and driveway extension and
maintenance.
9. The Applicant shall comply with the following caretaker dwelling unit standards:
A. The unit shall not exceed 700 net livable square feet.
B. The kitchen shall contain at least a two burner stove with oven, standard
sink, and at least a 6 -cubic foot refrigerator plus freezer.
C. One off - street parking space shall be provided for the unit.
D. A deed restriction for the caretaker dwelling unit shall be recorded prior to
issuance of a building permit.
E. Prior to Certificate of Occupancy for the caretaker dwelling unit, a site
visit shall be conducted by the Housing Office.
10. Areas disturbed by construction of the driveway and installation of utilities shall be
revegetated no later than one growing season after completion of work.
11. The Applicant shall adhere to all material representations made in the application or
in public meetings or hearings and shall consider those representations to be
conditions of approval, unless amended by other conditions.
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Resolution Noj A -2001
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12. Pursuant to Ordinance No. 022 -2000, the Applicant is subject to the Fair Share
Requirements and shall pay a road impact fee as calculated at the time of building
permit issuance.
13. The Applicant shall pay fees to the Brush Creek Metropolitan District on a pro
rata share for road maintenance and snow plowing.
14. Floor area shall be limited to 5,750 square feet exempt from growth management.
Floor area shall be calculated based on the definition in effect at the time of
building permit submittal.
15. 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 the Pitkin County Land Use Code § 4 -140 and C.R.S., § 24 -68 -105.
The statutory vested rights granted herein shall expire on May 23, 2004.
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Resolution No. L42 -2001
Page 6
NONCE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE
DAY OF�'
APPROVED AND ADOPTED ON THE 23RD DAY MAY 2001.
VESTED RIGHTS NOTICE PUBLISHED ON THE DAY OF SUNG- ,
2001.
ATTEST:
D
ndee R. Dean,
Deputy Clerk and Recorder
APPROVED AS TO FORM:
John Ely,
County y
Case #P 146 -00
PID# 264320400009
UU&'tJU6
BOCC OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLOR�)iO
Michael C. Ireland,
Chair
r.'I/& 'LVZ
APPROVED AS TO CONTENT:
G; //Z Z.
Cindy Houben,
Community Development Director
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EXHIBIT A
III
A tract of land situate in Section 20, Township 9 South, Range 85 West of the
6th Principal Meridian, being more particularly described as follows:
Beginning at the Southeast corner of said Section 20;
thence West 1353 00 f
eet,
thence North 1320.00 feet to the true point of beginning, a point on the Westerly
boundary of the first filing of Brush Creek Village Subdivision, Said subdivision
plat being filed for record in the Clerk and Recorder's Office of the County of
Pitkin, State of Colorado;
thence along said West e 1
North 10 042'56" Bast 711.17 feet
sviaion boundary the following courses:
thence 181.28 feet along the are of a 230.71 foot radius non - tangent curve to
the right, which arc subtends a chord bearing North 56 °46'28" West 176.65 feet;
thence North 34'15'50" West 70 99 f
set;
thence foot radius curve to the left, which
arc subtends a chord bearing North 78 837'55" West 97.90 feet;
thence South 57'00'00" West 36.18 feet;
thence 129.59 feet along the arc of a�180.00 foot radius curve to the right, which
arc subtends a chord bearing South 77 37 30 West 126.81 feet;
thence North 81 °45'00" West 130.00 feet;
thence 69.11 feet al h
arc subtends a
a chardobearingallorth 89605,0011 W
to t
the left, which
thence South 8
Westr68.93 f
feats t
thence 154.20 feet along the arc of a 180.00 foot r
radius c
arc subtends a
a chord bearing North 71 °52030" West 1
curve to t
the right, which
thence North 4
47'20'00" West 95.00 feat;
feet;
thence 42.56 f
feet along the are of a 380.00 foot radius c
curve to t
subtends a
a chord bearing North 44 007'30" West 4
42.53 f
the right, which
thence North 4
40.55'00" West 305.00 feet;
feet;
thence 85.46 f
feet along the arc of a 130.00 foot radius c
curve to t
the right, which
thence North 0
22 °
83.93 f
feet;
thence 139.63 f
feet along the arc of a 320.00 foot r
radius c
curve to t
the left, which
thence leaving said subdivision boundary line ontaourse
L38.52 fbearing South 17'25'28"
West 1547.43 to a point on the Southerly line of the North one -half of
one- quarter of said Section 20; the Southwest
thence South 89'59108"
one -half of the Southwestaone- quartereandathegSoutherlytlineyof line
theoNorthwestth the
One- quarter of the Southeast one - quarter of said
of'beginning, Section 20 to the true point
Q vnty of Pitkin, State of Colorado.
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PUBLIC NOTICE
RE: OLIPHANT PARCEL SPECIAL REVIEW, GMQS EXEMPTION, 1041
HAZARD REVIEW, CONCEPTUAL SUBMISSION, RIDGELINE
REVIEW AND CARTAKER DWELLING UNIT
NOTICE IS I4EREBY GIVEN that a public hearing will be held on Wednesday,
May 9, 2001, at a meeting to begin at 3:00 PM, or as soon thereafter as the conduct of
business allows, before the Board of County Commissioners of Pitkin County, Colorado,
in the Plaza One Conference Room, located at 530 E. Main Street, Aspen, Colorado, to
consider an application submitted by Allen G. Oliphant, Jr., requesting approval to
develop the Oliphant parcel with a single - family residence and accessory structures. The
property is located above Brush Creek Subdivision on Medicine Bow Road (near the
entrance to Aspen Ridge Subdivision) and is described as a tract of land situate in Section
20, Township 9 South, Range 85 West of the 6s' Principal Meridian, containing 36.17
acres, more or less, being more fully described by Metes and Bounds at a document
recorded at Reception No. 389304, at the Pitkin County Clerk & Recorder's Office in
Pitkin County, Colorado. The application is available for public inspection in the
Community Development Department, City Hall, 130 S. Galena Street, Aspen CO
81611. For further information, please contact Brian McNellis at (970) 920 -5092.
Jeanette Jones, Deputy County Clerk
Board of County Commissioners
Published in the Aspen Times on April 6, 2001.
Pitkin County Account 002.02
Public X Private
Post -it- Fax Note 7671 Date
To
_N,. /1�T /rte Co �riiJ fY %1 C i4%"K
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Post -it' Fax Note 7671
Phone# �%O
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AGENDA ITEM SUMMARY
TO: Board of County Commissioners
THRU: Cindy Houben, Community Development Directorojpp
FROM: Brian McNellis, Planner
RE: Oliphant 1041 Hazard Review, Conceptual Submission, Ridgeline Review
and Caretaker Dwelling Unit.
DATE: May 23, 2001
APPLICANT: Allen G. Oliphant
LOCATION: Above Brush Creek Subdivision on Medicine Bow Road (near the
entrance to Aspen Ridge Subdivision).
ZONING/LOT SIZE: AFR -10/ 36 acres
SUMMARY: The Applicant is requesting a 1041 Hazard Review and Conceptual
Submission approval plus a Caretaker Dwelling Unit pursuant to Code Sections 3 -60, 3-
70, 3 -80, 3 -110, 9- 110 -041 and Article 2.
BACKGROUND INFORMATION: On March 6, the Planning and Zoning
Commission recommended Special Review, GMQS Exemption, 1041 Hazard Review,
Conceptual Submission, Ridgeline Review and Caretaker Dwelling Unit approval for the
Oliphant property with minor amendments to staff's recommended conditions of
approval.
The County Attorney has recently made the determination that the property secured a
building right at the time of subdivision and therefore does not require Special Review
approval as a TDR receiver site. The Applicant continues to request approval for a 1041
Hazard Review, Conceptual Submission, Ridgeline Review and a Caretaker Dwelling
Unit.
RECOMMENDATION: Staff recommends that the BOCC approve the Oliphant 1041
Hazard Review, Conceptual Submission, Ridgeline Review and Caretaker Dwelling Unit
subject to the conditions in the attached Resolution.
ATTACHMENTS:
1. Draft Resolution
2. Adjacent Property Owner letter
3. Staff's P &Z memo
ouch9
MEMORANDUM
TO: Board of County Commissioners
Regular Meeting — May 9, 2001
FROM: Brian McNellis, Planner ;ff
THRU: Cindy Houben, Planning Director
RE: Oliphant 1041 Hazard Review, Conceptual Submission, Ridgeline Review and Caretaker
Dwelling Unit.
The Oliphant 1041 Hazard Review, Conceptual Submission, Ridgeline Review, and Caretaker Dwelling
Unit has been tabled until May 23, 2001 to allow for proper posting of the property by the Applicant.
UU JA
April 29, 2001
Board of County Commissioners
Of Pitkin County
130 S. Galena Street
Aspen, CO 81611
Re: Allen G. Oliphant Jr. 1041 Environmental Hazard & Ridgeline Review
GMQS Exemption, Conceptual Submission and Caretaker Dwelling Unit
Dear County Commissioners:
It has come to our attention through receipt of a public notice, that the 36 -acre parcel directly
adjacent to us is slated for development and that the placement of the building envelope will
have a direct impact on us. We would like to take this opportunity to voice our concerns.
The first item that comes to attention is the fact that a public notice sign was to be erected 15
days prior to the hearing, as stated in the pre- application conference summary dated 8/29/00,
which would have been on 4/25/01. We have driven up Medicine Bow Road to the proposed
access of the site on 4/25, 4/26, 4/27 and 4/29 and have yet to see a public notice sign. That
alone would deem this application hearing continued to another date, would it not?
Following are a list of concerns regarding this application:
The site plan's building envelope is taken out of context to the whole topography and is
therefore difficult to discern the exact location relative to the surrounding area.
2. Location of House: We recognize the views available to the upper end of the building
envelope as likely preferable to the owner, but wonder why anyone with 36 acres would
want to build so close to other dwellings? There are other building sites that would create
a more rural and remote feeling and not be visible to other dwellings, or be seen by them,
and still have a decent view.
a. We are very concerned about noise and light pollution due to the proximity of this
location.
b. We do not consider a 5,000 or 5,750 square foot home to be in harmony with the
surroundings, especially as the excavation of such square footage will be
extremely loud, dirty and disruptive to the wildlife as well as adjacent neighbors.
The resources that are required to build and maintain a large home are
considerable.
Board of County Commissioners
Of Pitkin County
Re: Allen G. Oliphant Jr. 1041 Environmental Hazard & Ridgeline Review
April 29, 2001
Page Two
3. Fire Danger: The property is deemed a high wildfire area, with the building envelope
designated as "medium," due primarily to the young aspen grove in the leach field/barn
area and the building envelope in primarily sage /grasses.
a. Yet, the proposed site is still remote from fire truck and hydrant access with the
house site far up into the property.
b. How can an area generally mapped as high wildfire hazard area be downgraded to
"medium" because a portion of the parcel has a meager stand of aspen? There is
another stand of aspen and sage just west of the proposed envelope that would
also suit as access and building site, which is farther from adjacent houses.
4. Water: Has it been proven, other than the success of adjacent properties, that there is
indeed water to service this development? We were not able to obtain adequate well
water on our property. If the well does not prove successful, then where does the water
come from for this development? Many good providing wells in Brush Creek Village
have gone dry, which contributed to the development of a water system.
5. Weeds: It is common knowledge that disturbed earth allows for the proliferation of
weeds, not only in the construction site, but neighboring sites as well. Road base is also a
source of weed seeds.
6. Wildlife Habitat: We notice that there are mitigation measures suggested. We have
watched the growth of many fawns because our property offers sanctuary from the dogs
that run free in the neighborhood. Is it reasonable to expect that the one allowed dog will
remain kenneled at all times, and that the no dog rule for construction workers will be
complied with?
7. Construction Process: Excavation of the road, the barn/accessory building, leach field,
and house site will be extremely disturbing to the surrounding tranquility. Since we have
enjoyed 26 years of this peace, its demise is truly distressing. The drilling of the well and
the construction phase is also disruptive. While we understand that construction and
noise go hand in hand, we would also hope for consideration. Are there construction
hours and rules in the county to protect adjacent homeowners from the constant impact of
noise, such as no heavy equipment before or after certain hours or on, at least, Sunday
and holidays?
u�C,ja.2
Board of County Commissioners
Of Pitkin County
Re: Allen G. Oliphant Jr. 1041 Environmental Hazard & Ridgeline Review
April 29, 2001
Page Three
Section 3 -210 -010 D of the special review standards of the Land Use Code:
a. How can you say that "the proposed development would not substantially injure
the value of adjoining or abutting property" without asking the owners of such
property? The Eric Oliphant property mentioned as "adjacent property owner
seeking approvals for development" is not applicable to this section because they
are working together to develop the two parcels.
b. Likewise, "that the proposed development will not materially endanger the public
health, safety and welfare..." when such development is proposed within a high
wildfire hazard area?
Caretaker Dwelling: The location of such seems to be left entirely to the applicant, as in
"the applicant would like to retain the flexibility to put a caretaker dwelling unit in the
barn, attached to the main residence or detached from the main residence."
a. Where will the caretaker unit be located?
b. Will there be an actual caretaker on site?
C. Is the proposed development intended as the owner's new residence or a second
home?
10. Barn and Accessory Buildings: Does the applicant plan to keep horses or other animals?
We are very concerned about the impact of noise and the light pollution that inevitably follows
new development to the long -time tranquility and sanctuary of our residence. We located our
home to least impact neighbors, but also to isolate the home from the neighbors that would
eventually follow, and hope for the same respect.
We accept the fact that everyone is entitled to build on their property. We ask, as adjacent
neighbors, that consideration be given to mitigate the impact on us by the proposed development.
Thank you.
Sincerely,
Clifford Dossigny and
2227 Juniper Hill Road
Aspen, CO 81611
Lot 17, Block 7
Lid CJ.13
V
J ne Vandine
227 Juniper Hill Road
Aspen, CO 81611
Lot 17, Block 7
MEMORANDUM
TO: Pitkin County Planning and Zoning Commission
FROM: Brian McNellis, Planner*
RE: Oliphant Parcel Special Review, GMQS Exemption, 1041 Hazard Review, Conceptual
Submission, Ridgeline Review and Caretaker Dwelling Unit.
DATE: March 6, 2001
REQUEST: The Applicant proposes to obtain the necessary approvals in order to develop the Oliphant
parcel with a single family residence and accessory structures. The following approvals are requested and
required:
=> 1041 Hazard Review and Conceptual Submission to establish a building envelope as well as an
accessory envelope for a barn, CDU, leachfield and landscaping.
=> GMQS Exemption and Special Review to designate the parcel as a TDR receiver site, which will be
limited to a maximum of 5,000 square feet of floor area.
=> Ridgeline Review
=> Caretaker Dwelling Unit
LANDOWNER/ APPLICANT: Allen G. Oliphant Jr.
REPRESENTATIVE: Glenn Horn
LOCATION: Above Brush Creek Subdivision on Medicine Bow Road (near the entrance to Aspen Ridge
Subdivision).
ZONING: AFR -10. The parcel is conforming in size.
BACKGROUND: The subject parcel is a legally created, pre 1978, 35+ acre parcel that has yet to receive a
building right (as determined by the Pitkin County Attorney). The Applicant wishes to revive approval for
a Growth Management Exemption TDR on the property to legitimize a building right for up to 5,000 square
feet of development. The Applicant is asking for 1041 Hazard Review approval to establish a building
envelope for a single family residence, caretaker dwelling unit and customary accessory structures pursuant
to that building right.
REFERRAL COMMENTS from Zoning, Colorado State Forest Service, Colorado Division of Wildlife,
Aspen Fire, are incorporated throughout this memorandum, and are attached for reference.
ENVIRONMENTAL & AESTHETIC STANDARDS (SECTION 3 -60):
UU1aJi4
Air Quality: The development is not within the PM 10 non - attainment area and should have no substantial
impacts on local air quality.
Preservation of Natural Landscape: The Applicant has agreed to revegetate the property with native
horticulture material areas that are disturbed during construction. Utilities on the property will be buried.
Scenic Overlay /Scenic Quality: The property is within a mapped scenic overlay /ridgeline area but will not
break ridgeline as viewed from Highway 82 or Brush Creek Road.
Reduction in Density for Steep Slopes: Not applicable.
WATER RESOURCES (SECTION 3 -70):
Encroachment or Channeling: Not applicable
Drainage/Erosion: The Applicant has agreed to submit a drainage and erosion control plan as part of his
building permit application. Historic drainage on the property shall be maintained. The Applicant has also
agreed to vegetation on the property to the greatest extent possible to reduce possible erosion. Standard
erosion controls will be implemented during construction.
Water Quality/Water Supply: The development shall not cause any degradation of surface or
groundwater quality. The Applicant has agreed to maintain vegetation on the property to the greatest extent
possible to reduce sedimentation and degradation to nearby water sources. The property shall be served by a
private well.
1041 HAZARD REVIEW (SECTION 3 -80):
Wildlife: The property lies within mapped mule deer winter range habitat areas and is within elk and deer
migration routes. Kevin Wright of the Division of Wildlife has confirmed black bear activity in the vicinity.
He recommended wildlife mitigation measures that have beat included in the conditions of approval.
Geologic: The property contains slopes in excess of 30 %, however the building envelopes are located on
slopes of approximately 15 to 20 percent. It appears that there is no portion of the property that does not
exceed 15 percent slopes.
Wildfire: The site is mapped for severe wildfire. Vince Urbina of the Colorado State Forest Service has
visited the site and rated the building envelope as medium wildfire hazard. The Applicant designed the
building envelope to avoid severe wildfire hazard areas. Mr. Urbina's recommendations to mitigate the
wildfire hazard on the property are included as conditions of approval.
IMPROVEMENTS & SERVICES (SECTION 3 -110):
Utilities: New utility lines shall be placed underground
Water: An individual well will be installed. Proof of adequate quantity and quality of water shall be
provided to the Environmental Health Department prior to submission of an ISDS permit for the parcel. The
well must be located within the building envelope.
1;JU j-
Sewer: An Individual Sewage Disposal System (ISDS) shall be installed within the building envelope.
Environmental Health must approve an ISDS permit, prior to issuance of a building permit.
Roads/Access/Trip Generation: The driveway will intersect Medicine Bow Road at a location deemed
most appropriate by the County Engineer to ensure adequate site distances. No comments were received
from the Pitkin County Engineer regarding access to the parcel.
Lighting/Signs: The Applicant shall conform to the County's lighting and sign standards.
GMQS EXEMPTION FOR TRANSFER OF DEVELOPMENT RIGHTS: The transfer of a single family
dwelling development right from the Rural/Remote zone district to a separate parcel or "Receiver Site"
within Pitkin County is exempt from GMQS pursuant to Section 3 -310 and is subject to special review
pursuant to Section 3 -210.
The receiver site meets the requirements of the AFR 10 zone district. The Code requires transfer of the
TDRs prior to submission of a building permit application for the parcel.
SPECIAL REVIEW: Special Review approval is required to establish the parcel as a TDR Receiver
Site, pursuant to the standards of Section 3 -210 of the Code.
A. The special review use shall consider:
The applicable County Master Plan;
Response: The Down Valley Comprehensive Plan identifies the area as rural residential within the
scenic foreground area. The proposed development will be mostly hidden from the Highway 82 and
Brush Creek corridors and will not break the ridgeline.
2. County Land Use Policies in Article 2;
Response: The proposed development is consistent with the County Land Use policies. As part of the
proposed land exchange, the proposed development furthers the following policies of the County:
➢ Community Balance: The proposal preserves valuable wilderness land by transferring the
development rights from valuable wilderness land in the Rural and Remote zone to the Oliphant
parcel, which is an area more suitable for development.
➢ Impacts on Taxes and Management of Necessary Services and Facilities: Impact fees for county
roads will be collected for the proposed development upon building permit submission.
➢ Housing: The proposal will supply low income housing for local employees by approval of a deed
restricted caretaker dwelling unit.
3. The intent of the Zone District in which it is proposed to be located; and
Response: The intent of the AFR -10 zone district is "to maintain the rural character of lands proximate
to development centers and State highways by preserving agricultural operations, wildlife habitat and
scenic quality while permitting low density, single family dwelling units and customary accessory uses."
ut1,CJ.
6
The proposed development corresponds with the intent of the AFR -10 zone district by allowing low -
density single family development in correspondence with the surrounding residential areas.
4. The character of the immediate vicinity of the parcel proposed for development and
surrounding land uses, or enhance the mixture of complimentary uses and activities in
the immediate vicinity of the parcel proposed for development.
Response: The proposed residential development is compatible with other development in the area and
will be limited in size to integrate with existing structures on adjacent properties.
B. The location, size, design and operating characteristics of the proposed special review use must
be in harmony with the surrounding area and minimizes adverse effects, including visual impacts,
impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties.
Response: As stated previously, the proposal is in harmony with adjacent property uses and will not
substantially degrade the scenic quality of the area as the development will be mostly hidden and will not
break the ridgeline.
C. There must be adequate public facilities and services to serve the special review use including
but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services, drainage systems, and schools.
Response: Water and sewer will be provided via an individual well and septic system. No comments
were received from the Pitkin County Engineer regarding traffic impacts. 'Ilie Aspen Fire Protection District
has confirmed that the proposed development meets all necessary codes and requirement given
recommended wildfire mitigation that have been included as conditions of approval.
D. An application for a special review use must demonstrate to the Board of County Commissioners
that the proposed development will not:
1. Materially endanger the public health, safety or we fare; and
2. Substantially injure the value of adjoining or abutting property.
Response: Staff has no information that would indicate that the development will injure the value of
adjacent properties or materially endanger the public health, safety or welfare of the community.
E. Limitations of Approval.
Response: This provision is only applicable to persons operating uses under Special Review Permits,
and is not applicable to TDR Receiver Sites.
CARETAKER DWELLING UNIT: The applicant has agreed to comply with all the criteria stated in
the Code Section 3- 150.130 including limiting the proposed CDU to 700 net livable square feet, deed
restricting the unit, and providing one off - street parking spot.
4
UUUJJ-
RECOMMENDATION: Staff recommends that the Commission recommend approval to the BOCC of
the Oliphant Parcel Special Review, GMQS Exemption, 1041 Hazard Review, Conceptual Submission,
Ridgeline Review and Caretaker Dwelling Unit subject to the following conditions of approval.
Prior to submission of any earthmoving, access, ISDS or building permit applications, the
Applicant shall submit a 1041 Hazard Review Site Plan to the Community Development
Department for approval and recording. The site plan shall also be submitted in digital format for
integration into the County's GIS system. The mylar copy of the site plan must be signed by the
owner prior to submittal for recording.
2. Prior to submittal of an ISDS permit for the parcel, the owner shall provide documentation of
adequate quality and quantity of water from a well to the Environmental Health Department. The
well must be located within the building envelope.
3. Prior to submission of a building permit application, the owner shall:
A. Obtain approval of an ISDS permit from the Environmental Health Department. The septic
system shall be located within the approved building envelope and must comply with the
setback requirements from surface and groundwater sources. A qualified professional
engineer must design the system.
B. Submit an executed irrevocable certificate of Transfer of Development Right and a
recorded deed evidencing the sale or transfer of the certificate to the Applicant.
C. Obtain a fireplace /woodstove permit from the Community Development Department.
D. Obtain an access permit for the driveway, which shall be reviewed and approved by the
County Engineer. If the driveway exceeds 30 inches above or below natural grade within
the setbacks, the Applicant shall submit and the Board of Adjustment shall consider a
variance application prior to submission of the Access Permit. Parking or construction
staging is prohibited on County roads or within the County road right-of -way.
E. Submit a drainage and erosion control plan for review and approval by the County
Engineer.
F. The Applicant shall submit, for review and approval by the County Engineer, a
Construction Management Plan in accordance to the Asset Management Plan. The
Construction Management Plan shall indicate that vehicles associated with construction
(i.e. employee traffic, construction vehicles, staging and deliveries) shall not violate
County Law, such as parking on County rights -of -way.
G. Submit a landscaping plan for review and approval by the Community Development
Department. The plan shall specify where and how many trees will be removed and shall
include additional landscaping to screen the residence from Castle Creek Road and
Ashcroft.
H. Submit a weed management plan for review and approval by the Land Management
Department.
4. All structures shall comply with the standards and requirements of the Aspen Fire Protection
District.
The owner shall comply with the following wildfire mitigation standards:
UUGJ -.3
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 thirty-foot (30') perimeter around a structure built on flat ground.
C. For a distance of 15 feet around all structures, vegetation shall be maintained at 6 inches or
less in height.
D. For a distance of 40 feet uphill and to the sides and 50 downhill from any structure, existing
sage shall be mowed.
E. For a distance of 100 feet in every direction, shrubby material shall be thinned. Shrubs
shall be thinned so that clumps are no larger in diameter than 2 times the height.
F. Existing trees shall be thinned for a distance of 100 feet around structures. Tree crown
separation within this perimeter shall have a minimum of 30 feet between the edges of the
crowns. All branches from trees within this perimeter shall be pruned to a height of 10 feet
above the ground or half the total height of the tree, whichever is less.
G. All branches that extend over the roof eaves shall be trimmed and all branches within 15
feet of the chimneys shall be removed.
H. Remove deadfall within 100 foot perimeter shall be removed.
I. The Applicant shall be responsible for the continued maintenance of the defensible space
requirements.
6. The Applicants shall comply with the following additional wildfire mitigation standards:
A. Roofs shall have a Class A, non - combustible roof system. Wood shake /shingle roof
coverings are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are
not permitted in 1041 Wildfire Areas unless they comply with the following:
i. All roof coverings shall be noncombustible materials as defined in the Uniform
Building Code (UBC) 1997 Section 1504 and installed on a Class A roof assembly.
ii. All roof coverings shall have a surface that shall facilitate the natural process of
clearing the roof.
iii. All roof designs shall facilitate the natural process of clearing roof debris.
Protrusions above the roofline, such as parapets, shall be prohibited.
iv. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a
minimum slope of 1:48.
v. All roof designs, coverings, or equivalent assemblies shall be specifically approved
by the Fire Marshal prior to submittal ofa building permit application.
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. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away
from the structure.
G. Swimming pools or ponds shall be accessible to Fire Department vehicles.
H. Fences shall be kept clear of brush and debris.
I. Wood fences shall not connect to the structure.
J. Fuel tanks shall be installed underground with an approved container.
UtjuJ1
K. 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.
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.
L. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.
M. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible
and installed on a non - combustible post.
The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Fencing outside of the building envelope shall comply with the fencing regulations in the
Land Use Code.
B. One dog is permitted on the property and shall be kenneled. The kennel shall be
constructed prior to issuance of a Certificate of Occupancy. No dogs shall be allowed on
the property by construction workers.
C. All horses may only be fenced within the building envelope with 8' mesh game goof
fencing.
D. Native vegetation shall be maintained outside of the building envelope as long as it
complies with the wildfire mitigation stated above.
E. Install and use bear proof trash containers. The Applicant shall provide verification of
compliance with this condition to the County's Wildlife Biologist prior to issuance of a
Certificate of Occupancy for the residence.
F. Fruit - bearing trees and shrubs should be avoided in any landscaping.
8. No development, including grading, excavation, fill placement, landscaping, vegetation removal or
disturbance, septic system and well, shall occur outside of the approved building envelopes, except
for utility and driveway extension and maintenance.
9. The parcel shall be limited to a maximum of 5,000 square feet of residential floor area, based on the
County's regulations in effect at the time of building permit submittal.
10. Areas disturbed by construction of the driveway and installation of utilities shall be revegetated no
later than one growing season after completion of work.
11. The Applicant is not required to submit annual reports attesting to conformance with the conditions
of this approval, nor is the proposed use required to commence within 12 months of the date of this
approval, as would otherwise be required under the Special Review provisions in the Land Use
Code.
12. The Applicant shall adhere to all material representations made in the application or in public
meetings or hearings and shall consider those representations to be conditions of approval, unless
amended by other conditions.
13. Pursuant to Ordinance No. 022 -2000, the Applicant is subject to the Fair Share Requirements and
shall pay a road impact fee as calculated at the time of building permit issuance.
uUCJ�:7
Y -+
14. The Applicant shall pay fees to the Brush Creek Metropolitan District on a pro rata share for road
maintenance and snow plowing.
15. The vested rights for the approval contained herein shall expire three years from the date of
approval by the BOCC.
ATTACHMENTS
A. Zoning
B. Colorado Division of Wildlife
C. Colorado State Forest Service
D. Aspen Fire
Application and Site Plans provided separately
* Mr. McNellis has received a Bachelors Degree in Environmental Design from the University of Colorado and has
worked as a Planning professional for 6 years. Mr. McNellis has been an employee of Pitkin County for a total of
5 years.
Joanna Schaff... /O1 -0700, Oliphant Special Review, GMQS Exemption, 1041 and Ridgelin Page 1 of 1
A ,
X- Sender: joannas @comdev
X- Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Sun, 25 Feb 2001 16:49:21 -0700
To: Brianm @co.pitkin.co.us
From: Joanna Schaffner <joannas @ci.aspen.co.us>
Subject: Oliphant Special Review, GMQS Exemption, 1041 and Ridgeline
I have reviewed the above referenced application and offer the following comments:
1. The applicant is requesting 5,000 square feet of floor area through the placement of a
TDR. If in the future, the value of TDR's increases to 5,750 square feet as is expected, will
this approval automatically allow for the additional 750 square feet.
2. The two proposed building envelopes are not evident to me. Are they connected? Why
are two envelopes necessary? Is it realistic to expect agricultural uses (ie. barn) on this
parcel given the slopes?
3. Since the parcel contains greater than 20 acres, agricultural structures are exempt from
floor area calculations.
iitJCJ�?
Printed for Brian McNellis <brianm @ci.aspen.co.us> 2/26/01
STATE OF COLORADO
Bill Owens, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNrfY EMPLOYER
Russell George, Director
6080 Broadway
Denver, Colorado 80216
Telephone: (303) 297 -1192
1 -24 -01
Pitkin County Community Development
130 S. Galena
Aspen, CO 81611
RE: Oliphant (Allen) Special Review
Dear Gabe:
t+ Fr
� 200t
OMEN I PITKIN
COMMUNla,),Up -VtD54L
For Wildlife -
For People
The Oliphant parcel lies within elk and mule deer winter range as well as transitional range. The amount
of winter use depends on the winter severity as it is mainly north facing. Use this year is lighter due to
the deeper snows, which precludes much mule deer use. Elk have used the site but use is also minimal.
Elk and mule deer will pass through the parcel to access the south facing slopes just a little ways to the
north along Brush Creek Village. The amount of use here increases substantially. Black bear inhabit the
area and have caused problems with homeowners in the adjacent Brush Creek Village. The site and
building envelope lie adjacent to the other homes at the top of Brush Creek Village as well as along an
access road, which will help to cluster the disturbance.
The following recommendations will help to minimize impacts to wildlife:
1. maintain native vegetation outside the building envelope
2. placement of the barn and caretaker dwelling unit with the main home envelope will help to
preserve some of the mountain shrub habitat
3. caretaker dwelling unit be attached to the main home or to the bam
4. all trash/garbage be kept in approved bear proof garbage containers. Any horse grain/pellets
be kept in approved bear proof containers. Pets be fed inside or within and entirely enclosed
kennel. All bird feeders be hung away from the home and windows, 10' from the ground with
a seed catchment pan. This includes hummingbird feeders.
5. All horse hay be fenced at the owners' expense with 8' mesh game proof fencing to prevent
game damage to the stack. Horse grazing be restricted to the building envelope. If it is
allowed outside the envelope, then the property should be evaluated for grazing capacity to
ensure there is no overgrazing and vegetation type conversion outside the envelope. It is
important to maintain the mountain shrub community outside the building envelope
6. Restrict to 1 dog with a kennel restriction. Kennel be constructed before the C.O. is issued.
No dogs allowed on site by construction workers.
7. Any landscaping plan should not include berry or fruit producing trees or shrubs in order to
eliminate another attraction for bears.
8. All fencing meet fence code. Discourage perimeter fencing
DEPARTMENT OF NATURAL RESOURCES, Greg E. Walcher, Executive Director
WILDLIFE COMMISSION, Bernard L. Black, Jr., Chairman . Rick Enstrom, Vice-Chairman • Philip James, Secretary
9. Homeowners be provided brochures on living with wildlife
Thank you for the opportunity to comment. If you have any questions, please give me a call
Kevin W 'gh
District ' e Manager
RECEIVED
JAN / 9 2001
OMMUNITY DEVELOPME.N
ATTACHMENT
November 5, 1999
Glen Horn
Davis Horn Inc.
215 South Monarch St., Suite 104
Aspen, CO 81611
Re: A.G. Oliphant 1041 Wildfire Hazard Review
Glen,
• •`PO1•
FOREST
SERVICE
State Services Building
222 S. 6th Street, Room 416
Grand Junction, Colorado 81501
Telephone: (970) 248 -7325
Please include this letter with any correspondence to Pitkin County. When I receive the referral
from the county for this property I will defer to the comments contained in this letter
I visited the site with Glen Horn the owner's representative on October 27'". Access to the
parcel will be from the Medicine Bow Road in the Brush Creek Village Subdivision. There is
currently no driveway into the envelope. There is a proposed driveway that will originate at a
right angle from the Medicine Bow Road. That is a desirable situation for emergency service
vehicle access. This driveway will pass through a stand of young aspen.
The aspect of the envelope is north with a slope of 15 -20 %. The primary vegetation is grass
and sage. We walked through a young aspen stand to get to the building envelope. Aspen
usually carries a low to medium wildfire hazard rating. The presence of the aspen below the
building envelope helps to reduce the overall fire hazard. There are patches of Gambel
oak/serviceberry, which usually carry a severe wildfire hazard label but these are not prevalent
on this property. I would rate the wildfire hazard for the building envelope as medium.
My recommendations to mitigate the wildfire hazard and create a defensible space around
structures are as follows.
1) For a distance of 10 -15 feet around all structures establish and maintain vegetation at 6
inches or less. This can be achieved with mowed grass, low growing perennials or
hardscape (e.g., sidewalk, rock mulch). Woody vegetation should not be planted in this
area. Flammable material (e.g., firewood) should not be stored within this perimeter.
2) For a distance of 40 feet uphill and to the sides and 50 feet downhill mow the existing sage
and grass to break up the vertical and horizontal continuity of the fuels. The objective of this
mowing is to-create patches of taller fuel separated by short fuel (e.g., mowed grass less
than 8 inches). In the event of a wildfire the shorter fuels will slow the fire (i.e., less fuel to
burn). These patches can be irregular in shape and 7 -10 feet in diameter. The mowed area
must be maintained to retain its effectiveness.
3) All deadfall should be removed within 100 feet of the structure.
Feel free to call me with any questions.
Sincerely,
A Vince Urbina
Assistant District Forester
LJUUJ25
im
Memo
To: Gabe Preston
From: Aspen Fire Protection District
Subject: Oliphant (Allen) ID #2643 - 204 -00 -009 P146 -00
Date: January 16, 2001
Gabe,
0
This project shall meet all of the codes and requirements of the Aspen Fire Protection District.
This includes but is not limited to the installation of an approved fire sprinkler system, supplying
the required fire flow, fire department apparatus access and provisions for the turning around of
fire department apparatus..
Please call me if you have any comments or concerns.
Thank you,
UUC se, 6
RECEIVED
MAR 2 1 2001
Aw oFFlces of
OATES, KNEZEVICH & GARDENSWARTZ,
�ppMMUNITY DEVELOPMENT
P.C;.
PROFESSIONAL CORPORATION
THIRD FLOOR, ASPEN PLAZA BUILDING
533 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611
LEONARD M OATES
RICHARDA KNEZEVICH
TED D GARDENSWARTZ
DAVID B KELLY
OF COUNSEL
MICHAEL FEIGENBAUM
JOHNT KELLY
March 21, 2001
Mr. John Ely, Esq.
Pitkin County Attorney
Pitkin Countv Attorney's Office
130 South Galena Street
Aspen, CO 81611
TELEPHONE (970) 920 -1700
FACSIMILE (970) 920 -1121
moasst @0kglaw com
VIA HAND DELIVERY'
Re: Allen G. Oliphant, Jr./ 1041 Environmental Hazard, Ridge Line Review GMQS
Quota System Incentive For Use Of TDR
Dear John:
We act as attorneys for Allen G. Oliphant, Jr. in connection with an Application which was filed
requesting the above reviews on September 8, 2000, by Davis Horn, Inc. Suzanne Wolff is the Staff Planner
in the Pitkin Community Development Department handling the Application. The Application has been
recommended for approval by the Planning and Zoning Commission. We are awaiting a hearing date before
the Board of County Commissioners to be set.
Mr. Horn stated in the Application that:
"Though the subject lot was created before June 12, 1978, the County Attorney has
determined that since the subject property and the adjacent property owned by Eric
Oliphant were once owned at the same time by husband and wife that only one of the
two lots may obtain the Pre -1978 GMQS exemption. Eric Oliphant has submitted
an application for that Pre -1978 GMQS exemption and Allen G. Oliphant, Jr. is
seeking approval for this exemption through a TDR incentive."
The Allen Oliphant property and the Eric Oliphant property adjoin each other. Each property is in
excess of 35 acres in size. Eric Oliphant's property has obtained approval by administrative decision of the
hearing officer.
The history of the property is such that Allen Oliphant acquired title to his property on December 30,
1995 by conveyance from Arline B. Oliphant. Arline had acquired Title to the property originally in 1975
by virtue of a conveyance of the property from Michael Hemstadt. At no time between the time Arline
acquired title to the property and the time that she conveyed it to Allen was there any other party in title.
The Eric Oliphant property was acquired in 1975 by Charles W. Oliphant, the husband of Arline B.
uucJ2Z
Mr. John Ely, Esq.
Pitkin County Attorney's Office
March 21, 2001
Page 2
Oliphant, from Aspen International Properties, Inc. In 1996, Mr. Oliphant conveyed the property to Tercero
Corporation and in that conveyance, Arline B. Oliphant joined as a grantor; however, she was never in title
to that property and never held an ownership interest therein. Subsequently, the property was conveyed by
Tercero Corporation to Eric B. Oliphant. Copies of all of the foregoing referenced deeds are enclosed
herewith. In this analysis, it is our understanding that it was your position that pursuant to the definition of
Common Ownership as contained in the definition Section 8 -1 on page (8)8 of the Pitkin County Land Use
Code that you construe the ownership of the two properties to be common. The definition of Common
Ownership in the Code is:
"COMMON OWNERSHIP means owned by the same owner. For purposes of this
definition common ownership shall, when the form of ownership was created to
avoid the provisions of the Land Use Code, including ownership by a business or a
legal entity in which the owner has a controlling interest; or ownership by his or her
spouse; or ownership by a business or legal entity in which the owner and his or her
spouse together has a controlling interest. Only one hundred percent (100 %)
ownership of or identical ownership interest in adjacent, contiguous parcels shall
constitute common ownership."
We believe your determination was based upon the fact that although the parcels were separate parcels,
at the time which they were acquired by Arline and Charles, regardless of whether or not title was taken to
avoid the provisions of the Land Use Code, that they became cumulated or merged pursuant to the
provisions of the definition of Subdivision or Subdivided Land. The specific provision under the definition
of Subdivision or Subdivided land is Subsection C, contained on Page 8(30) of the Code which provides:
"In the event that two or more contiguous parcels of land, previously conveyed (or
described) shall come under single ownership, the division of such land into two (2)
or more lots, tracts, sites, parcels, separate interests, interests in common, or other
division, even if divided along the line of a previously described or conveyed parcel,
shall constitute a subdivision of land. Nothing herein shall be deemed to apply to a
lot shown on any recorded subdivision plat unless such subdivision plat shall not
have received those approvals required by state or local law."
I am assuming that for purposes of the definition of Subdivision or Subdivided land in Section C that
you would construe "single ownership" to mean "common ownership" under the above cited definition for
common ownership.
On behalf of Allen Oliphant, we would request that you re- review your position on this and confirm
or reverse your conclusion previously made that Allen Oliphant and Eric Oliphant's parcels were in common
ownership so that the Code provisions apply cumulating the same. The form of ownership in acquiring
separate adjoining properties by a husband and wife from separate parties at separate times and separately
holding the same for a period of twenty years was not to avoid the provisions of eh Land Use Code. If, in
your review, you maintain your prior position, we intend to object on the record at the Board of County
Commissioner hearing on Allen Oliphant's Application based upon the fact that the Oliphants believe that
the two parcels of property were never cumulated or merged and that a construction which requires that
common ownership be automatically and strictly construed when a husband and wife own adjacent parcels
uuN28
Mr. John Ely, Esq.
Pitkin County Attorney's Office
March 21, 2001
Page 3
of property is null and void as against public policy. By that objection, Allen Oliphant will specifically
reserve the right to challenge the Code provisions based upon that construction at a later time. We would
obviously prefer that in reviewing the situation you conclude that the properties were never in common
adversely.
I would appreciate your review of this matter and your advising me in writing as to the County's
position thereon. Our assertion is that the acquisition by the husband and wife of the two separately
recognized adjoining parcels should not merely because of the marriage relationship, be construed to
cumulate or merge the parcels; and, that such an interpretation cannot be sustained under law as
constitutional.
Thank you for your consideration.
Very Truly Yours,
OATES, KNEZEVICH & GARDENSWARTZ, P.C.
LM
cc: Suzanne Wolff
Richard Harris, Esq.
Glenn Horn
Eric Oliphant
LMO/kaf
C Da1 Uient*iphahUk John Ely 0314 01 wp0
tiuU29
Leonard M. Oates
h yY t
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MU
IN`'
S
_ kiade thde 38th day at Septetnb6r , tg 75', "' - -
"` ^>iCHAEL 'C- -IHM $TADT _
. °,:. ;•' : -. - •- la ppty of ,PILkjn.._ -apd maig of celmodo, of the nrat wry and OM
T - ARL-M WYLB OLIPIWIt
-the gCoanty of and aaw of a}p a i' :
WdTNESSEM, That the earn part Y of the ,Met part, for and in eontldennlm- ray the tatm of -
TEN DOLLARS AND OTHER VALUAELA CONSIDERATION " "W
- to tha add put V of the tint part In band paid by the mid part Y of the aecohd put, the jolifit
whereof Is hereby eonfemed and acknowledged, he a granted, bargalned „void and conveyed, and by thme prppenu
do es' gMt, bargain. Bell, rmrvey and confirm, unto the amid part V of as -a” . It-
Wed P44 Ptr
loin and amigna forever, all the following dewribed lot or parcel of haed,'aitog» , lying mill twing•
In the County of pltkin and State of Colorado, to wit: =_
i -Attached hereto aS Exhibit "A" and,
y — reference made a part hereof,
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nWnnxr and Ion. nM
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t at::aaid covenant hitl1. be•d
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- her 'help and eaMigne, MRmilm .II and Fvary ammo. or Ia•nnnnTowCUlly .Ixial.g �,. Aum`t1iA j
- gf-dM'g'pdxRYllanbY; the-add paH Y o(ihe tlt;lp part_aItAll..ald will WARRANT AND .j,0"'Sf$'$.- ,.
%ITNESS R'NN IMF..'The Ilalll pert.. y - .of the fixotVat,,jka•, a heiennid,+WN;`
tymd_m and 14111 the day and'lwee !fret above Milton.
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STATE OF CvL'ORAI)q
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persmul1yMrnoxm to me to Iw the —
penon whose name ..baeribed to the ioreaninF Dc,i. atitW day m prrw n: n:d __ —
acknowledged that { /' signed, ceded and delivered the said r.tracs -
" frc. and voluntary art and deed for the uses and partings, th.,in nr1 forth
. Given under mY hand and official seal, this dxy ni
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AlY rommiaamn expires
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being more Pactiobiarly deacri6ed as fo'L2"�, __ -•.•x, . „._,_`
addtl$ at - ;he Southeast- cb±gadi4abaa[id- Seetttsa'29=
;*'.k'053 ;D0 feet.
#d`tC1920.U0:f sat, .to the trs+e _point of beginning, a PcItnt op :the- at
'Tyro £Lrat filing of'Hrash Creek ViilagekSubdiviaioa, slid �uaivfaioa
•Pi14d for. record in the Clark and Recorder a 0� -;of fire nty.. F
.p'3:at beii� . _i
=cf pd tkial Statq of Colorado:
theaea along said Westerly subdillsion bmadary he f.4
MOY£fi' 10 °42156" East 1711.17 feet; ; curve q '-
.j:tfi�{yce- 181,28 feet along the are of ,a 230.71 foot radius-
__ - • the tight,. which -arc aubteids a chord bearing North 56146''8' •__M1; 176.65�fee t•�_�..
tlienei Ros th 34'15'50" West 70.99 •feet; - -_- _ -- - - - -"`
••+tea•'"._
;• =: - thence 108.41 feet along the arc of a 70.00 .foot radius curve to�5'ie
arc subtends a ebofd bearing North 78'37'55" West 97.90 feet; • ' '• '.'-1 �_
thence South' 57 °00'00" Beet 36.18 feet;
thence- 129.59 feet along the arc of a 180.00 foot radius curve, to the 'right," •- --
`-• wbich arc subtends a chord bearing South 77 °37'30" West 126.81 feet*; - --
r,: thence North 81045'00" West 130.00 fret; - - �-
thence 69.11 feet along. the are of a 270.00 foot radius curve to the left, which_;
are eabtendsa chord bearing North 8005'00" West 88.93 feet;-- _- -.�:Y-
_ thence South 83135'00" West 290.00 feet; - ,- -
thence 154.20 feet along the arc of a 180.00 foot radius corn to the right,"
which are subtends a chord bearing North 71 °52'30" West 1b9,53 felt; -
-thence'North 47 °20'00" West 95.00 feet;
thence 42.,56 feet along the are of a 380.00 foot radius curve- to the right,
which arc subtends a chord bearing North.44 °07'30" West 42;53 feet; - -- -
thence North 40'55'00" West 305:00 feet; +yc
to the right,
thenee'65.46 feet along the are of a 130.00 foot radius curve
Md btends a chord beating North 22'05'00" West $3,.93 fe et;
03 °15'00" West 80.00 feet; -�� 3 feet. along the arc -of a 320.00 foot „radius curv.:to the left,-
b[ends a chord bearing North 15'45'00" West 138.52 feet; ng said subdivision, boundary line on.a course bearing South 17 °25'28,3 feet to a point on the Southerly ling of the North- onrhalf of -
thence'South 89 °59'08" East 1769.86 feet along said soutneriy iine oz we ..•.•�.•i .
• one -half of the Southwest one - quartos and the Southerly line of -the Northwest{
One - quarter -of the Southeest' one- quarter of said Section 20 -to the true point Is
of. beginning.
Cdfnt;t.of Yitkin, "State -of Colorado,•_ - - - -
to
u�C,1�3
= wpm....
Return t W. Douglas Jones
4400 One Williams Center
Tulsa, OR 74172
WARRANTY DEED
THIS DEED, Made this day of August, 1996 between
Charles W. Oliphant and Arline B. Oliphant, his wife, of the County
of Tulsa and State of Oklahoma, as party of the first part, and
Tercero Corporation, of the County of Tu1Sa and State of Oklahoma,
party of the second part. `i4LjD Nc- W(thOWI-S (.r 101S2OK7472
WITNESS, that the grantor for and in consideration of the
SUM of TEN AND N01100 DOLLARS ($10.00), and other valuable consider-
ation to the said party of the first part in hand paid by the said
party of the second part, the receipt whereof is hereby confessed and
acknowleged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto the said
party of the second part, their heirs and assigns forever, in the
following percentages:
A Parcel of land being situated in Section 20,
Township 9 South, Range 85 West of the 6th
Principal Meridian, Pitkin County, Colorado.
Said parcel is more fully described as follows:
Beginning at a point from whence the Sogthwest
Corner of said Section 20 bears S 80 32118"
W., 2875.32 feet; thence North, 848.00 feet;
thence East, 1154.36 feet; thence
feet; thence N 89058'11" W., 1154.36 feet;
thence North, 472.46 feet to the point of
beginning. Said parcel contains 35.001 acres,
more or less.
TOGETHER with all and singular the hereditaments and
appurtenances thereunto belonging, or in anywise appertaining, the
reversion and reversions, remainder and remainders, rents, issues and
profits thereof, and all the estate, right, title, interest, claim
and demand whatsoever of the said party of the first part, either in
law or equity, or, in and to the above bargained premises, with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and
described, with the appurtenances, unto the said party of the second
part, his successors and assigns forever. And the said party of the
first part, for himself, his heirs, executors, and administrators
does covenant, grant, bargain and agree to and with the said party of
the second part, his heirs and assigns, that at the time of the
ensealing and delivery of these presents he is well seized of the
premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has
good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales,
396831 09/09/96 02:19P PG 1 OF 2 REC DOC UCC
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 11.00 T9--
Cku(Do3
t 4L
- z -
liens, taxes, assessments, encumbrances of whatever kind or nature
soever, except for property taxes for 1996 and easements, reserva-
tions and restrictions of record, and the above bargained premises in
the quiet and peaceable possession of the said party of the second
part, his heirs and assigns, against all and every person and persons
lawfully claiming or to claim the whole or any part thereof, the said
party of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said party of the first part has
hereunto set his hand and seal the day and ear first above written.
REX M. SHA GE , Attor y -in -fact
for Charles W. Oliph t
APPROVED:
�
ARLINE B. OLINIP, wife of Charles
W. Oliphant
STATE OF OKLAHOMA )
) ss
COUNTY OF TULSA )
Before me, the undersign , a Notary Public, in and for said
State and County on this day of August, 1996, personally
appeared REX M. SHAWGER and ARLINE B. OLIPHANT, to me known to be the
identical persons described in and who executed the within and
foregoing instrument of writing and acknowledged to me that they duly
executed the same as their free and voluntary acts and deeds for the
uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
notarial seal the day and year last above written.
Notary fublic
�1rLy- ComMission expires: y9�
j� ;� W C: 0
396831 @9/09/96 02:19P PG 2 OF 2
QUITCLAIM DEED
TERCERO CORPORATION, an Oklahoma corporation, whose street address is 2021 South
Lewis, Suite 760, Tulsa, Tulsa County, Oklahoma, for the consideration of Ten and No /100 Dollars
($10.00), in had paid, hereby sells and quitclaims to ERIC B. OLIPHANT, whose street address is
6120 South Yale, Suite 1800, Tulsa, Tulsa County, Oklahoma, the following real property in the
County of Pitkin and State of Colorado, to wit:
A parcel of land being situated in Section 20, Township 9 South, Range 85 West of the
6' Principal Meridian, Pitkin County, Colorado. Said parcel is more fully described as
follows: Beginning at a pointfrom whence the Southwest Corner of said Section 20
bears S 80'32'18' W, 2875.32 feet; thence North, 848.00 feet; thence East, 1154.36
feet; thence South, 1321.07 feet; thence N 89958' 11" W, 1154.36 feet; thence North,
472.46 feet to the point of beginning. Said parcel contains 35.001 acres, more or less.
with all appurtenances.
Signed this day of October, 1999.
YY�A
County of Tulsa }
} ss.
State of Oklahoma }
TER
RFchard E. Wright III
President
The foregoing instrument was acknowledged before me, a Notary Public, on the cO %' day of
October, 1999, by Richard E. Wright III as President of Tercero Corporation. Witness my hand and
seal.
')+i n empires:
.a, �T1t II!ri
4 co
TercadQuitclaim Deed, r)
III 10/21/99 UuVJ\*jG
C.F A
Notary Public
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1111111111111111 HIM IIIII IIII IIIII 1111111III IIIII IN 1111
437268 11/02/1999 01:53P OCD DAVIS SILVI
1 of I R 5.00 D 0.00 N 0.00 PITKIN COUNTY CO
April 29, 2001
Brian McNellis
Community Development Department
130 S. Galena Street
Aspen, CO 81611
Re: Allen G. Oliphant Jr. 1041 Environmental Hazard & Ridgeline Review
GMQS Exemption, Conceptual Submission and Caretaker Dwelling Unit
Dear Brian:
Please include the enclosed letter to the Board of County Commissioners in their packet for the
May 9, 2001 Hearing for the above - reference application. As adjacent property owners, we
would like to use this avenue, as well as the hearing, to voice our concerns regarding the
development of the Oliphant parcel.
According to the pre - application conference summary dated 8/29/00, a public notice sign was to
be erected 15 days prior to the hearing, which date would have been 4/25/01. We have driven up
Medicine Bow Road to the proposed access of the site on 4/25, 4/26, 4/27 and 4/29 and have yet
to see a public notice sign. Would that lapse of compliance with the public process deem this
application hearing continued to another date? Please let us know.
Thank you for your assistance.
Sincerely,,
Clifford DossiJgnyy
Jane Vandine
2227 Juniper Hill Road
Home: 923 -0112
Office: 923 -4773
Jane/W: 920 -3007
uuCi;;
9M
Davis Horn -
PLANNING & REAL ESTATE CONSULTING
September 8, 2000
Suzanne Wolff
Aspen Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Allen G. Oliphant Jr. 1041 Environmental Hazard & Ridgeline Review
Dear Suzanne:
Davis Horn Incorporated represents Allen G. Oliphant Jr., the owner of a 36.158 acre metes and
bounds parcel located immediately above Brush Creek Village Subdivision approximately 8.5
miles from the City of Aspen. This application seeks to establish a 1041 building envelope for a
single family residence and to also establish an approved landscape, access, leachfield, caretaker
dwelling unit (CDU) and barn envelope. Approval for a Growth Management Quota System
Incentive through the purchase of a Transferable Development Right (TDR) and approval for a
Caretaker Dwelling Unit are also requested_ This letter describes the subject site and proposed
development as well as demonstrating compliance with the relevant sections of the Pitkin County
Land Use Code.
SITE DESCRIPTION
This section describes the subject site.
Location
The subject site is located above Brush Creek Village Subdivision at the end of Medicine Bow
Road near the entrance to the Aspen Ridge Subdivision. This 36 acre metes and bounds parcel is
located adjacent to the five 35+ acre parcels in Aspen Ridge, but is not part of the subdivision. It
is bordered by Brush Creek Village homes to the north and east, Lot 1 Aspen Ridge (Aspen
View Tracts) to the south and Cozy Point Ranch Lot 1 to the west. See Attachment 3 for two
vicinity maps locating the subject property.
Size and Zoning
The subject site contains 36.158 acres and is zoned AFR -10.
ALICE DAVIS, AICP 1 GLENN HORN, AICP
215 SOUTH MONARCH SL • SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180
6liciJJ
1 - __v
Access
The site is accessed through Brush Creek Village Subdivision on Medicine Bow Road above
where Medicine Bow Road cross Juniper Hills Road at the top of Brush Creek Village. At the
termination of Medicine Bow Road, an existing non - paved, 12 to 16 foot wide dirt road continues
on and provides access to the subject site and other lots in area.
Existing Conditions & Topography
Attachment 1 is the 1041 Site Plan which depicts the subject site. The parcel is generally north
facing and slopes gently up from Medicine Bow Road up toward Juniper Hills Road, though the
property actually ends before it reaches Juniper Hills Drive. (See Attachment 3.) Topography for
the proposed building envelope is given in the 1041 Site Plan in Attachment Plan and a more
detailed slope analysis is given in Attachment 2. Attachment 2 depicts slopes in excess of 30
percent, slopes varying between 15 and 30 percent and slopes less than 15 percent. Slopes in the
building envelope vary from 15 to 20 percent.
Vegetation
The subject site is primarily vegetated with sagebrush and mountain grasses, though there also is a
young aspen stand and patches of Gambel oak/serviceberry and native mountain grasses.
Wildlife
Portions of the site are mapped as mule deer winter range.
PROPOSED DEVELOPMENT
Attachment I shows not only the proposed building envelope for the main single family residence,
but a second envelope where the proposed access drive, barn, (CDU), leachfield and landscaping
may occur. The applicant will work with waste water disposal system experts to located a
suitable, more specific location for a leachfield. The secondary barn, CDU, access, leachfield and
landscape envelope is designed to provide some flexibility in the location of the barn and caretaker
unit, while still minimizing the 1041 hazard concerns. The barn and CDU may be located in the
main building envelope, but the second envelope gives more flexibility as the owner may choose
to build them in a location more removed from the primary residence. The CDU may be attached
to the main residence, detached or attached to the barn.
LAND USE REVIEWS
This section of the application demonstrates compliance with the Land Use Code standards
identified in the Pitkin County Pre - Application Summary Sheet which is found in Attachment 5.
F
i,UCJ3')
These are listed below and addressed on the following pages.
Section 3 -60 Environmental & Aesthetic Standards;
Section 3 -70 Water Resources;
Section 3 -80 Areas of Local and State Interest/1041 Environmental Hazard Areas:
* Section 3 -80 -050 Geologic (slopes);
* Section 3 -80 -070 Wildfire (mapped severe, State Forester says medium);
* Section 3 -80 -080 Wildlife (mapped mule deer winter range);
* Section 3 -110 Improvements and Services;
* Article 2, Land Use Policies
* Section 9- 110 -042 - GMQS Incentive for Development Utilizing Transferable
Development Rights; and
* Section 9- 110 -041 (C) - Caretaker Dwelling Unit (CDU)
Environmental & Aesthetic Standards
(Section 3 -60)
The Environmental & Aesthetic standards are addressed in this section.
Section 3 -60 -020 Air Quality
There will not be any change in the impacts on air quality from the approval of this single family
home and its accessory uses.
Section 3 -60 -030 Preservation of Natural Landscape
The applicant will comply with the standards of this section. The site will be revegetated with
native horticultural material during the first planting season after construction. Topsoil will be
stockpiled and utilized for site revegetation. Utilities will be installed underground.
Sections 3 -60 -040 and 050 Scenic Overlay & Scenic Quality
Structures located in the proposed building envelopes will not be visible from State Highway 82
or from Brush Creek Road. The barn envelope is also located so that the bam is not visible from
uULJ40
r.r
either Highway 82 or Brush Creek Road. No ridgeline will be broken by the proposed
improvements and therefore the standards of the Scenic Overlay Review are not applicable.
The site shall be revegetated with native horticultural material to blend with the surrounding
vegetation. Lighting shall comply with the lighting standards of Code. Utilities will be placed
underground.
Section 3 -60 -060 Solar Access
The house will be designed to take advantage of passive solar energy and shall comply with or
exceed the Pik-tin County Model Energy Code.
Section 3 -60 -070 Reduction in Density for Steep Slopes
This standard is not applicable to the subject site because only one single - family dwelling unit is
proposed. The site is zoned AFR -10 and contains slightly over 36 acres.
Water Resource Standards
(Section 3 -70)
Water Resource Standards are addressed in this section.
Section 3 -70 -020 Encroachment or Channeling
This Code standard is not applicable to the subject site.
Section 3 -70 -030 Drainage
The applicant shall submit a drainage plan with the building permit application as required by
Pitkin County. Historic on -site drainage will be maintained.
Section 3 -70 -040 Erosion
Existing vegetation shall be preserved to the maximum extent possible to preserve the character of
the site and to minimize erosion. Standard erosion control measures shall be utilized during
construction.
Section 3 -70 -050 Groundwater
The proposed development shall not interfere with groundwater recharge areas. Construction
shall not be initiated during the high runoff period.
Section 3- 070 -060 Irrigated Areas
UIJLJ41
The subject site is not irrigated.
Section 3- 070 -070 Irrigation Ditches
There are no irrigation ditches proximate to the subject site.
Section 3- 070 -080 Sedimentation
Standard construction practices shall be utilized to reduce sedimentation. The site shall be
revegetated in the first growing season after the completion of construction.
Section 3- 070 -090 Water Quality
Water quality shall not be impacted by the proposed development.
Section 3- 070 -090 Water Supply
The subject site shall be served by a private water well. Several successful wells have been drilled
in the vicinity of the subject parcel. Wayne Shelton of Shelton Drilling and Bill Lorah of Wright
McLaughlin Engineers have both completed well work in the area, with success. The presence of
aspen trees on the site are a good indication that sufficient water will be available to serve the site.
The applicant believes that a well on the subject parcel will produce an adequate supply of water
for the proposed residential and accessory uses.
Areas of Local and State Interest
1041 Environmental Hazard Areas
Section 3 -80
This section demonstrates compliance with Geologic Hazard, Wildfire and Wildlife standards.
Section 3-80 -050 Geologic Hazard Areas Slopes in Excess of 15 Percent
Attachment 2 shows the various slopes found on the subject property. A thorough on -site
analysis helped to located the main building envelope and the secondary access, barn, CDU,
landscaping and leachfield envelope so as to minimize all environmental impacts and contraints of
slopes on the site. A review of the site plan in Attachment 2 shows that both building envelopes
avoid slopes of 30 percent or greater. Attachment 4 is a letter from Vince Urbana, Assistant
District Forester for the Colorado State Forest Service. Vince's letter indicates that the aspect of
the property and the building envelope is north with a slope of 15 to 20 percent in the building
envelope. The primary vegetation in the proposed building envelope is grass and sage. There is a
young aspen stand on the way to the primary building envelope and Vince indicates that the aspen
stand will help to reduce the overall fire hazard on the site. The applicant will comply with the
recommendations in Vince's letter which will minimize the impact of the slope on the property's
medium fire hazard.
6 UC142
LM
Section 3 -80 -070 Wildfire Areas
The subject site is mapped as severe wildfire hazard area. Vince Urbina of the Colorado State
Forest Service has visited the site and prepared a report included as Attachment 4. Vince's site
inspection and report states that the wildfire hazard in the building envelope is medium. Vince
states that the existing young aspen stand on the way to the primary building envelope will help to
reduce the overall fire hazard on the site. Vince mentions that there are small patches of Gambel
oak/serviceberry, but these are not prevalent enough on this property to significantly impact the
fire hazard rating. The applicant agrees to abide by all of Vince's recommendations which he
feels will mitigate the wildfire hazard on the site and create a defensible space around structures.
Section 3 -80 -080 Wildlife Areas: Mapped Mule Deer Winter Range
The subject site is in a mapped mule deer winter range. The applicant will accept any reasonable
conditions recommended by the Pitkin County Wildlife Biologist and the Colorado Division of
Wildlife which will mitigate impacts on wildlife.
Improvements and Services
Section 3 -110
The subject site will be provided with water service by an individual water well. Waste water
disposal will be provided by an individual waste water disposal system. The waste water system
to be used on the site will be within the confines of the proposed access, leachfield, landscape,
CDU and barn envelope designated on the site plan in Attachment 1. All utilities will be placed
underground. All parking will be provided on site.
Land Use Policies
(Article 2)
The following section demonstrate consistency of the proposal with the County policies found in
Article 2 of the Land Use Code. Many of the policies correspond with a County standard already
addressed in this application, but responses are summarized here as well.
Policy 2 -10 Community Balance
The proposed home and customary accessory uses to be located in the applicable AFR -10 zone
district will maintain the balance between residential, commercial and tourist accommodation
development and will be consistent with the Community Balance policy.
Policy 2 -20 Comprehensive Plan;
Policy 2 -30 Conformance with Comprehensive Plan
to
LJuC,J4'3
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The proposed development is consistent with the Downvalley Comprehensive Plan, the
comprehensive plan which covers the subject parcel and is consistent with development
anticipated for this area. The Plan calls for rural residential development and one home on 36
acres complies with these residential uses called for in the Plan.
Policy 2 -40 Growth Rate: Phasing of Public Services and Facilities;
The proposal requests a GMQS incentive by using a TDR to provide an exemption from Growth
Management. The new County Growth Management Reform Legislation provides for such
exemptions in order to promote the type, character, location and quality goals of Pitkin County.
The development of a lot such as the subject parcel through the purchase of a TDR meets the
intent and purposed of the growth management legislation include the phasing of public services
and facilities.
Though the subject lot was created before June 12, 1978, the County attorney has determined that
since the subject property and the adjacent property owned by Eric Oliphant were once owned at
the same time by husband and wife, that only one of the two lots may obtain the Pre -1978 GMQS
exemption. Eric Oliphant has submitted an application for that Pre -1978 GMQS exemption and
Allen G. Oliphant Jr. is seeking approval for this exemption through the TDR incentive.
Policy 2 -50 Development or Expansion of Ski Areas
This policy is not applicable to the application.
Policy 2 -60 Compatibility with Existing Adjacent Neighborhoods
The development of the vacant subject parcel with a single family home and customary accessory
uses will be compatible with the existing adjacent neighborhood. The location at the top of Brush
Creek Village is rural residential and other, very similar 35+ acre parcel have been developed in
the immediate vicinity. Homes in Brush Creek Village are on smaller 2 acre sites and as you
travel further up the mountain and further from Highway 82, there is a transition to homes on
larger lots. There are no visual impacts of the proposal from Highway 82 or Brush Creek Road
and the ridgeline is not broken with the proposed building envelope. The proposal complies with
this policy.
Policy 2 -70 Conformance with other Laws
The proposal is in conformance with all applicable laws of the United States of America and the
State of Colorado.
Policy 2 -80 Natural and Man -made Hazard and Resource Areas
The 1041 Hazards pertinent to this review were identified in the pre- application conference
summary sheet found in Attachment 5 These are addressed in the 1041 Hazard Review section
6UCJ++4+
of this report. In summary, the subject site contains slopes in excess of 15 percent, is mapped as
mule deer winter range and is mapped as a severe wildfire hazard area, though the Colorado State
Forester lower this to a medium hazard after a site inspection. The applicant agrees to reasonable
conditions which work to mitigate these hazards. Please refer to the 1041 Hazard section of this
application for more information on the natural and manmade hazard and resource areas.
Policy 2 -100 & Section 3 -70 -030 Drainage
As mentioned previously, the applicant will submit a drainage plan with the building permit as
required by Pitkin County. Historic on -site drainage patterns will be maintained.
Policy 2 -110 & Section 3 -70 -040 Erosion
Existing vegetation shall be preserved to the maximum extent possible to preserve the character of
the site and to minimize erosion. Standard erosion control measures will be utilized during
construction.
Policy 2 -120 & Sections 3 -60 -040, 3 -60 -050 Scenic Quality and Scenic Overlay
The areas identified on the County's adopted Scenic Overlay maps are areas viewed from several
County rights of way including areas viewed from State Highway 82 and Brush Creek Road.
Although the subject property is near both of these roads and can be accessed from both,
structures on the subject parcel will not be visible from either State Highway 82 or Brush Creek
Road and neither will the structures break a mapped ridgeline. The lot sits approximately 180 feet
below the cliff that falls away to Brush Creek Road and is on the far, north side of the ridgetop.
This location on the north side of the ridge is just over one quarter of a mile from the ridgetop and
the parcel is in no way visible from Brush Creek Road. Also, the location on the extended
Medicine Bow Road is approximately 1 to 1.5 direct miles (as the bird flies) from Highway 82,
tucked back behind the top of Brush Creek Village and is not visible from Highway 82. The
development will not impact the visual quality of the ridgeline overlay area. Should any
demonstration be required to illustrate this, the applicant is happy to do so.
Policy 2 -130 & Section 3 -60 -020 Air Quality
The proposal will not impact air quality.
Policy 2 -140 Water Resource Impacts
It is not anticipated that there will be any impacts on water resources resulting from the proposal.
Policy 2 -150 Noise
The proposed single family home and accessory uses will not have any noise impacts and will be
in compliance with this policy.
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On
Policy 2 -160 Wildlife Management
The subject parcel is in a mapped mule deer winter range. The applicant will abide by any
reasonable conditions recommended by the Pitkin County Wildlife Biologist and the Colorado
Division of Wildlife which will mitigate impacts to this winter range.
Policy 2 -170 Adequate Provision For Water Needs
The subject site will be served by a private well. Our research and discussions with water
engineers indicate that there have been several successful wells in the area. Wayne Shelton of
Shelton Drilling and Bill Lorah of Wright McLaughlin Engineers have both completed well work
in the area, with success. The presence of aspen trees on site are a good indication that water will
be available. The applicant believes that a well on the subject parcel will produce an adequate
supply of water for the proposed residential and accessory uses.
Policy 2 -180 Sewage Treatment
Waste water disposal will be provided by an individual waster water disposal system. The type of
system to be used will be determined by a qualified engineer prior to building permit. The system
to be used on the site will be located within the confines of the proposed access, leachfield,
landscape, CDU and barn envelope.
Policy 2 -190 Impacts on Road System
Policy 2 -200 Road Design and Construction
Policy 2 -230 Transportation
Section 3- 110 -070 Roads
The proposed addition will have little, if any, impact on the road system. The site is accessed
through Brush Creek Village on Medicine Bow Road. Roads is Brush Creek Village are privately
owned with an agreement for public maintenance. At the termination of Medicine Bow, an
existing non - paved, 12 to 16 foot wide dirt road continues on to provide access to the subject site
and other properties beyond. This private road is privately maintained.
Policy 2 -210 Logical Extension of Utilities
Utility extensions are not proposed. Telephone, electricity and cable are available at the site. The
site will be served by an individual water well and individual waster water disposal system.
Policy 2 -220
There will be little, if any impacts on taxes and services.
Policy 2 -240 Compatibility with Agricultural Lands and Operations
(JUCJll"G
There will not be any impacts on agricultural lands.
Policy 2 -250 Compatibility with Historical and Archaeological Resources & Section 3 -80-
060 Historic Archaeological Resource Areas
Historical and archaeological resources will not be impacted.
Policy 2 -260 Housing
Affordable housing is not required by this proposal. A caretaker unit is being proposed and will
be located in either the barn or attached to and detached from the main residence.
Policy 2 -270 Energy Conservation
The proposed house will be designed to take advantage of passive solar energy and shall comply
with or exceed the Pitkin County Model Energy Code.
Policy 2 -280 Compatibility with Public Lands
This policy is not applicable to the subject site.
Policy 2 -290 Access to Public Lands
This policy is not applicable to the site.
Policy 2 -300 Private Land Surrounded by Public Lands (Inholdings)
This policy is not applicable to the site.
GMQS Exemption for New Dwelling Units Utilizing TDRs
(Sections 9- 110- 042(A); 9- 110 -020; 3 -310; and 3 -210)
Section 9- 110- 042(A) gives the specific incentive for development utilizing TDRs being requested
by the applicant. Section 9 -110 -020 of the Code gives the four general standards and criteria for
rural area incentives and exemptions from Growth Management. These sections require the
applicant to make the request for the GMQS incentive/exemption through the processes in
Sections 3 -310 Transfer of Development Rights and 3 -210 Special Review. This section of the
application gives a background of the subject property and addresses these pertinent sections of
the Land Use Code.
10
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0
Section 9- 110- 042(A) Incentive for Development Utilizing TDRs
The subject parcel is owned by A.G.Oliphant Jr. The property is adjacent to another 35+ acre
parcel owned by Eric Oliphant which is the subject of another land use application at this time.
Both parcels were created prior to June 12, 1978 when Growth Management regulations were
adopted and both are legally created 35+ acre lots. As shown in the title chain in Attachment 9,
the two adjacent properties were at one time owned at the same time by husband and wife,
Charles and Arline Oliphant. For this reason, the County Attorney has determined that the two
lots only qualify for one Growth Management Quota System (GMQS) Exemption for Pre -1978
lots. The first in time to seek this Pre -1978 lots GMQS exemption will be Eric Oliphant, the
adjacent property owner and therefore Allen Oliphant is seeking a GMQS exemption through
utilizing TDRs. This section of the application requests this GMQS incentive through the
purchase of a TDR pursuant to Section 9- 110- 042(A) of the Code (Ordinance # 23- 2000).
Section 9 -110 -020 General Standards & Criteria for Rural Area Incentives and Exemptions
Standards Section 9- 110 -020 of the Code gives the four general standards and criteria for rural
area incentives and exemptions from Growth Management. These standards are summarized and
addressed below.
(A) The incentives and exemptions are discretionary and follow the procedures in
Section 9 -150 of the Code;
The applicant understands this exemption is discretionary and is requesting a certification
of incentive /exemption from the Community Development director as required by Section
9 -150 of the Code.
(B) The proposed development must comply with all requirements of the Code;
The proposal complies with the requirements of the Code and in no way violates any
requirement of Code.
(C) The grant of any incentive or exemption shall consider the applicable
comprehensive plans; and
The subject parcel is located 8.5 miles from downtown Aspen and the Downvalley
Master Plan is the applicable comprehensive Plan. As addressed previously in the
application, the subject complies with this Plan as the Plan calls for rural residential
development similar to the single family home and customary accessory uses
proposed for the subject site.
(D) Development exempt from Growth Management is subject to Fair Share
Requirements pursuant to Article X, unless specifically exempted therein.
11
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9M
The applicant agrees to any requirement of Article X of the Land Use Code which
is applicable to the subject parcel.
Section 3 -310 Transfer of Development Right (TDRs).
This section of the land use application demonstrates compliance with the applicable sub - sections
of Section 3 -310 of the Code which addresses the Transfer of Development Rights. Those sub-
sections are:
Section 3- 310 -020 B. General Standards and Criteria for Receiver Sites; and
Section 3- 310 -30 Standards for Transfer of Development Rights from
Rural/Remote Preservation Site to a Receiver Site Located Outside of the
Rural/Remote Zone District
General Standards and Criteria for Receiver Sites Section 3- 310 -020 B.
This section requires a special review approval for the transfer of a TDR to a receiver site and
requires compliance with "each and every requirement of the applicable zone district' As
required, the applicant will demonstrate compliance with each and every requirement of the
applicable AFR -10 zone district, is seeking special review approval through this application and
will address the special review standards in Section 3- 210.010 of the Code.
As required, the transfer of a TDR to the subject site will be accomplished through the procedures
outlined in Section 4 -60 -095 of the Code. This section, entitled "Special Procedures for the
Transfer of Development Rights" addresses the sale and transfer of a development right and the
review process for irrevocable Certificate(s) of Transferable Development Rights (TDRs). The
applicant will comply with these procedures.
Standards for Transfer of Development Rights from Rural/Remote Preservation Site to a
Receiver Site Located Outside of the Rural/Remote Zone District - Section 3- 310 -30
The applicant is seeking a Growth Management Exemption through the transfer of a development
right pursuant to Section 3- 310- 030(B)(2). The TDR is to be transferred to the subject site, a
location outside the rural/remote zone district. As required, the applicant will demonstrate
compliance with the special review standards and will comply with each and every requirement of
the Code.
Section 3- 10 -30(E) addressed the Standards and Criteria for the Use of TDRs for GMQS
Exemptions. This section states that a receiving site outside the rural/remote zone district which
is approved by special review for development with a TDR must be exempt from GMQS only
where the square footage transferred equals or exceeds a certain percentage of the total square
footage of the entire unit. The use of one TDR results in one GMQS exempt unit of up to 5000
square feet in size. The applicant is requesting approval for one growth management exemption
12
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through the use of one TDR for a unit on the subject site (the receiver site) with a total floor area
of 5000 square feet. This is in compliance with the Code and the chart in Section 3- 310(E).
Section 3 -210 Special Review Standards
Section 3- 210 -010 establishes the special review standards which must be addressed to obtain this
growth management exemption. In the following section the special review standard appears in
bold followed by a response demonstrating compliance with the standard.
Section 3- 210 -010 A.I.
The special review use shall consider the applicable County Master Plan.
The Pitkin County Downvalley Master Plan is the applicable County Master Plan. This Plan
designates the subject site as rural residential and anticipates the development of metes and
bounds parcels similar to the subject in conformance with the AFR -10 zone district in which it is
located. With one home on 36+ acres, the subject parcel falls within the intent of the Plan.
Section 3- 210 -010 A.2.
The special review use shall consider County land use policies in Article 2.
The land use policies in Article 2 of the Land Use Code have been addressed previously in the
application. Please refer to that section for how each applicable policy will be addressed.
Section 3- 210 -010 A.3
The special review use shall consider the intent of the Zone District in which it is proposed
to be located.
The intent of the AFR -10 Agricultural /Forestry/Residential zone district is to maintain the rural
character of lands proximate to development centers and State Highways by preserving
agricultural operations, wildlife habitat and scenic quality while permitting low density single
family dwelling units and customary accessory uses. The applicant's request for one home plus
customary accessory uses on one 36+ acre site is consistent with the intent of the zone.
Section 3 -210 -010 A.4
The special review use shall consider the character of the immediate vicinity of the parcel
proposed for development and surrounding land uses, or enhance the mixture of
complimentary uses and activities in the immediate vicinity of the parcel proposed for
development.
The proposed addition is consistent with the character of the surrounding area. There are several
other 35+ acre tracts developed and being developed in the vicinity plus many existing single
family homes nearby in the Brush Creek Village Subdivision on smaller 2+ acre sites.
13
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Section 3- 210 -010 B.
The location, size design and operating characteristics of the proposed special review use
must be in harmony with the surrounding area and minimize adverse effects including
visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service
delivery, noise, vibrations and odor on surrounding properties.
There will be minimal adverse impacts associated with the proposed home and accessory uses.
The use will not result in adverse effects upon pedestrian, vehicular circulation, parking, trash and
service delivery. There will not be any vibrations or odor resulting from the use. County
standards for noise will be met. The proposed structures on the subject site will not be visible
from Highway 82 or from Brush Creek Road.
Section 3- 210 -010 C.
There must be adequate public facilities and services to serve the special review use
including but not limited to roads, potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical services, drainage systems
and schools.
The proposal will have a minimal impact on the services listed above. Water will be through a
private well and waster disposal will be through a private waster disposal system. Other utilities
including telephone, cable and electricity are already available to the site. A private road accesses
the site and impacts should be quite minimal to road, parks, police, fire and emergency medical
services and schools. The applicant agrees to any reasonable, applicable impact fee required.
Section 3- 210 -010 D.
An application for a special review use must demonstrate to the Board of County
Commissioners that the proposed development will not:
1. Materially endanger the public health, safety and welfare and
2. Substantially injure the value of adjoining or abutting property.
The proposal will be constructed to the standards of the Uniform Building Code. If the standards
are met the public health, safety and welfare of citizens will be protected.
The development of the subject site with a home, barn and other accessory uses will not impact
abutting property and will not injure the value of any adjoining or abutting property. The adjacent
property to the south is also seeking approvals for a single family home and accessory uses.
In summary, the applicant requests approval for a GMQS exemption through the transfer of one
TDR to the subject site. This section has shown compliance with the applicable requirements of
the TDR, Growth Management Exemptions and Special Review sections of the Land Use Code.
14
I"
Caretaker Dwelling Unit
Section 3- 150.130 B.
0
Section 3- 150.130(B) of the Code addresses 'other caretaker dwelling units ". A 700 square foot
caretaker dwelling unit may be permitted on any size lot in the AFR -10 zone. The unit can be
attached or detached as long as the unit complies with the following:
1) The total floor area for the principal and the caretaker units shall not exceed the
allowable FAR for the zone.
2) There shall be one off - street parking space per bedroom for each bedroom within
the principal unit and one off - street parking space for each bedroom in the
caretaker unit.
3) The applicant will guarantee through a deed restriction that the caretaker unit shall
not be required to be rented; not be condominiumized or sold; not be occupied by
the owner or spouse; be limited to occupancy by not more than two adults and
related children who qualify as employees of the community under applicable
guidelines; be rented for terms not less than six months, if rented. The caretaker
unit can be occupied by a member of the immediate family even though they do not
qualify as employees of the community.
4) The caretaker dwelling unit restriction may be removed by the property owner
upon approval by the Board of County Commissioners.
The applicant would like to retain the flexibility to put a caretaker dwelling unit in the barn,
attached to the main residence or detached from the main residence. The applicant agrees that the
caretaker unit will comply with the preceding Code standards.
Summary
This application requests land use approvals for the property owned by Allen G. Oliphant Jr., a 36
acre metes and bounds parcel located above Brush Creek Village Subdivision in Section 20. This
letter and the attachments have demonstrated compliance with the Land Use Code standards
identified in the Pre - Application meeting with Suzanne Wolff.
The following attachments are included
Attachment 1: Proposed 1041 Review Site Plan for Lot I Aspen View Tracts
(8.5" x 11" and 24 "x 36 "),
15
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Attachment 2: Slope Analysis of the proposed main building envelope and the secondary barn,
access, landscape and leachfield envelope for the proposed 1041 site plan;
(8.5" x I V and 24 "x 36 ")
Attachment 3: Vicinity Maps (2);
Attachment 4: Letter from Vince Urbana of the Colorado State Forest Service;
Attachment 5: Pitkin County Pre - Application Summary Sheet;
Attachment 6: Signed Fee Agreement,
Attachment 7: Letter from A.G. Oliphant Jr., property owner, authorizing Davis Horn
Incorporated to pursue land use approvals and to represent him in the land use
review process;
Attachment 8: Proof of Ownership;
Attachment 9: Title Chain for the subject property; and
Attachment 10: List of Adjacent Property Owners;
Please contact me if you would need any additional information or if we have inadvertently
neglected to address any of your concerns.
Sincerely,
16
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ATTACHMENT
November 5, 1999
Glen Horn
Davis Horn Inc.
215 South Monarch St., Suite 104
Aspen, CO 81611
Re: A G. Oliphant 1041 Wildfire Hazard Review
Glen,
Cok FOREST
SERVICE
State Services Building
222 S. 6th Street, Room 416
Grand Junction, Colorado 81501
Telephone: (970) 248 -7325
Please include this letter with any correspondence to Pitkin County. When I receive the referral
from the county for this property I will defer to the comments contained in this letter
I visited the site with Glen Horn the owner's representative on October 27'h. Access to the
parcel will be from the Medicine Bow Road in the Brush Creek Village Subdivision. There is
currently no driveway into the envelope. There is a proposed driveway that will originate at a
right angle from the Medicine Bow Road. That is a desirable situation for emergency service
vehicle access. This driveway will pass through a stand of young aspen.
The aspect of the envelope is north with a slope of 15 -20 %. The primary vegetation is grass
and sage. We walked through a young aspen stand to get to the building envelope. Aspen
usually carries a low to medium wildfire hazard rating. The presence of the aspen below the
building envelope helps to reduce the overall fire hazard. There are patches of Gambel
oak/serviceberry, which usually carry a severe wildfire hazard label but these are not prevalent
on this property. I would rate the wildfire hazard for the building envelope as medium.
My recommendations to mitigate the wildfire hazard and create a defensible space around
structures are as follows.
1) For a distance of 10 -15 feet around all structures establish and maintain vegetation at 6
inches or less. This can be achieved with mowed grass, low growing perennials or
hardscape (e.g., sidewalk, rock mulch). Woody vegetation should not be planted in this
area. Flammable material (e.g., firewood) should not be stored within this perimeter.
2) For a distance of 40 feet uphill and to the sides and 50 feet downhill mow the existing sage
and grass to break up the vertical and horizontal continuity of the fuels. The objective of this
mowing is to- create patches of taller fuel separated by short fuel (e.g., mowed grass less
than 8 inches). In the event of a wildfire the shorter fuels will slow the fire (i.e., less fuel to
burn). These patches can be irregular in shape and 7 -10 feet in diameter. The mowed area
must be maintained to retain its effectiveness.
3) All deadfall should be removed within 100 feet of the structure.
Feel free to call me with any questions.
Sincerely,
A. Vince Urbina
Assistant District Forester
IiUcJ� r
M
,�TTACFMIENT
YrrKIN COUNTY
rR1',-„r; L:CATIOFI CONFF.RENCY SUMMARY
PLANNER: 51173tme Wolff DATE: 8129/00
PROJECT: Oliphant Special Review, GMQS Exemption, 1041 Hazard Review, Conceptual Submission
and Ridgeline Review
LOCATION: 35+ acre metes and bounds parcel above Brush Creek Village Subdivision
RLPRESENTATIVE: GlennIfom Phone/Fax: 925.6587/925 -5180
OWNER: AG Oliphant
Type of Application: Special Review and GMQS Exemption fora TDR Receiver Site, 1041 Hazard
Review, Conceptual Submission and Ridgeline Review
Description ofProject/Dcvelopment: Applicant proposes to establish a building envelope for a single
family residence and customary acceaory uses.
Land Use Code Sections to address in letter of request/application:
• Article 2, Land Use Policies
• . Section 3 -60, Environmental & Aesthetic Standards
• Section 3-70, Water Resources
• Section 3 -80 -050, Geologic Ilazard Areas: Slopes in excess of 15% or 30 %?
• Section 3 -80 -070, Wildfire Hazard Areas: Mapped severe wildfire hazard area.
• Section 3 -80 -080, Wildlife Habitat Areas: Mapped mule deerwinterrange
• Section 3 -1 i0, Improvements R Si;rvices
• Section 9- 110- 042(A), GMQS Exemption for new dwelling units utilizing TDRs
Staff will refer to: Attorney, Engineer, Zoning, CO State Forest Service, CO Division of Wildlife, Wildlife
Officer, Aspen Fire, Brush Creek Village Homeowners Association
Review by: P&Z and BOCC
Public hearing? YES at BOCC. 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 at least 30 days prior to
the hearing with the return address of the Community Development Department (copy of notice to be
obtained from the Community Development Department). The names and addresses shall be those on the
current tax retards of Pitkin County as they appeared no more than 60 days prior to the date of the public
hearing.
Planning Deposit: 52,220 (additional planning hours are billed at a rate of $185.8 our)
Referral Agency rees: $300 (County Clerk). Fees for the County Engineer will be billed on the final bill
at a rate of $65/hour.
TOTAL. DEPOSIT: $2.520 (make check payable to " Pitkin County Treasure ")
To apply, submit 18 copies of the following information, unless noted otherwise:
1. Letter of request, addressing Code Sections listed above;
2. 24"x 36" Site Plan which complies with the pruvisions of Section 5-70 -040
LjUCJ) 3
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I Consent from owner(s) to process application and authorizing the representative (I copy)
4. Parcel description, including legal description and vicinity map
S. Copy of this pre -app form (1 copy)
G. Application fee;
I . Proof of ownership;
S. Documentation of how and when the parcel was created (2 copies);
1. Documentation of chain of litlelnon..merger of lands for the subject parcel and all adjacent parcels from
title company or attorney (2 copies);
10. Documentation of adequate legal access to the parcel (2 copies);
11. Agreement for Payment Corm (2 copies)_
12. List of all adjacent property owners (I copy)
11ris pre - application conference Summary is advisory in nature and not binding on the Comity. The
informarion provided in this summary it haceel on current zoning standard, and staffs inrerprelarions
based upon representntinn nfrhe applicant. !dditional irfermaricn may be regr<lrcd ayon a compietc
review of the applicatinn.
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A6g -29 -00 10:57A yusem horn 970 925 5180 P -03
OR 1 1/Rd=Cq I
ASPEN/PT'T aN `° ATtA MENT
COMMUNITY DEVELOPMENT DEPAR'T'MENT
PITKIN COUNTY (hereinafter COUNTY) and A
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for
Iyyi env,��nM�rrr�( Irlu
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Resolution
No. 96 -52 establishes 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 to all APPLICANT :o
make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis. 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.
uUCJ60
A6g -29 -00 10 =58A yusem horn 970 925 5180 P_04
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5. Therefore, APPLICANT agrees that in consideration of the
Cnt,'NTY'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 is for — hours of Planning staff time, and if actual recordetl costs
excct:d 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 cc
pay such accrued costs shall be grounds for suspension of processing.
PiTKIN COUNTY
Cindy Houben
Community Development Director
6uC,161
APPLICANT
A, &. O 1 -P
Print Name
Signature
Date: -W / -)- 9 I y o
Mailing Address:
G(c) R k-C L,«rj "urn( s
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ATTACHME14T�
A.G. Oliphant
c/o Richard L_ Harris
Harris, Gordon, McMahan, Peters & Thompson
Suite 700
1924 South Utica
Tulsa, Oklahoma 74104 -6812
918- 743 -6201
August 29, 2000
Suzanne Wolff
Aspen Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: A.G. Oliphant 1041 Environmental Hazard Review and Special
Review
Dear Suzanne:
This letter authorizes Davis Horn Incorporated and Leonard Oates to
submit a land use application for my 35 acre parcel located in
Pitkin County Colorado and represent me in the land use review
process.
Please contact my attorney, Richard L. Harris at 918- 743 -6201 if
you have any questions or concerns.
Thank you.
Sincerely,
f1j
A.G. Oliphant
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TITLE CHAIN ON 264320400009
SUBJECT PROPERTY
Allen G. Oliphant, Jr.
Warranty Deed
Recorded 1/22/96, dated 12/30/95, Rec. 9389304
ATTACHMENT 9
Arline Boyle Oliphant
Warranty Deed
Recorded 10/6/75, Dated 9/30/75, Book 3003, Page 907
Michael C. Hernstadt
Warranty Deed
Recorded 9/1/67, dated 9/1/67, Book 228, Page 597
and see also
Recorded 9/1/67, dated 9/1/67, Book 228, Page 605
Elay Corporation, a Colorado Corporation
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JAITACHMENT 0 _
LIST OF ADJACENT PROPERTY OWNERS
ALLEN G. OLIPHANT PROPERTY
Brush Creek Area
Subject Parcel No. 264320400009
264320401001
David M. Schwartz
1133 Connecticut Avenue NW
Washington DC 20036
264320102001
Martin & Marcella Mamett
608 Emerson Avenue
Alliance NE 69301
264320402007
Cristina & Dante Medri
3111 Washington Street
Boulder CO 80304 -7914
264320402006
Melanie Sims
518 Navy Cove Road
Guy Breeze FL 32561
264320402005
Alice Koelle
POB 2871
Aspen CO 81612 -2871
264320406001
Andrew Modell
POB 1007
Aspen CO 81612 -1007
or-SI 1LIIb9AYa
Clifford Dossigny
1Slj�,j�1
ASPEN/PITKtr COMMUNITY DEVELOPMENT D,, .vARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920 -5090 FAX# (970) 920 -5439
March 9, 2001
Glenn Hom
215 S. Monarch, #104
Aspen, CO 81611
Re: Oliphant (Allen) Conceptual Submission, Special Review, 1041 Hazard Review and
GMQS Exemption (PID #2643 - 204 -00 -009 CASE #146 -00)
Dear Mr. Hom:
This application has been scheduled for review at a public hearing by the Board of County
Commissioners, Plaza One Conference Room, 530 E. Main St., Aspen on Wednesday, May 9,
2001 at a meeting to begin at 3:00 P.M. The Friday before the meeting date, a copy of the memo
pertaining to the application is available at the Planning Office.
Please note that it is your responsibility to post a public notice sign on the property at least
fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all
adjacent property owners at least 30 days prior to the hearing with the return address of the
Community Development Department (copy of notice to be obtained from the Community
Development Department). The names and addresses shall be those on the current tax records of
Pitkin County as they appeared no more than 60 days prior to the date of the public hearing.
Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with
the Code at the hearing.
If you have questions, please call Brian McNellis at 920 -5092, the planner assigned to your case.
Sincerely.
Carisa M Gomez
Administrative Assistant
Enclosure
U'.i1.,J13
Aug -29 -00 10:57A yusem horn 970 925 518�01.(�Ci) P.03
ASPEN/PITioN� ATTWCMENr'-�ET-
COMMUNITY DEVELOPMENT DEPARTMENT
PITKIN COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT-) AGREE AS FOLLOWS:
T. APPLICANT has submitted to COUNTY an application for
Vt-fI En✓,'rvnnr��ry 17-hk 'S/9c-c'' cc/ lZ L%,e
(hereinafter, THE PROJECT).
,- APPLICANT understands and agrees that Pitkin County Resolution
No. 96 -52 establishes 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 to all APPLICANT :o
make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis. 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.
ualJb`)
Aug -29 -00 10:58A yusem horn 970 925 5180 P.04
S. Therefore, APPLICANT agrees that in consideration of the
COCNTY's waiver of its right to collect full fee, prior to a determination of
application completeness. APPLICANT shall pay an initial deposit in the amount
of 52��Z)vhich is for _ hours of Planning staff time, and if actual recorded costs
exce=d 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 cc
pay such accrued costs shall be grounds for suspension of processing.
PITKIN COUN'T'Y
Cindy Houben
Community Development Director
I
i11!f�'17:1
APPLICANT
. G-. o
Print Name
A4
Signature
Date: � 1 -) `� / y C)
Mailing Address:
GtU R�C�,rj Hares
P =T«, + TA *Dm /25cbi
S
lgZLj S. Ut;cFc
7- is --, o
- 7Li(L)�r -6 K/ L-
mss,
6939
C
MUNITY DEVELOPMENT DEPARTk ST
130 South Galena Street
r Aspen, Colorado 81611
(970) 920 -5090
Pitkin County
Land Use:
172
Board of Adjustment
159
County Land Use Code
173
7
Deposit
174
Flat Fee
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
AVFD Fire Marshal
Other Fees:
155
Use Tax
165
Copy
Performance Deposit
185
Park Dedication
186
Parking Cash in Lieu
166
GIS Maps
i IS
GIS Requirements f
RB116
Road Impact Fees
TOTAL a7.5 e7�
NAME:
z7 / %N
ADDRESS /PROJECT: : '70 ✓r
PHONE:
) _`_'�'3
CHECK#
/CX
/- ,y
CASE /PERMIT #: P I4 & #OFCOPIES; �D �
DATE:
../ = 'J� ✓L-
INITIAL:
/
i=
1041 HAZARD REVIEW SITE PLAN FOR ERIC B. OLIPHANT
PITKIN COUNTY COLORADO.
t." . vV " .y .
LEGIL OESCR.— _.
r
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SuPVEYORS CV F'C.T ON
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2 FOOT CONTOURS
10732
LEGEND ANC NOTES
0 ^OUND SURVEY MONUMENT AS DESCRIBED
A SURVEY CONTROL_
0 UTILITY POLE
-- FENCE
SNOW ON GROUND AT T'ME OF SURVEY ;2/94
---._ ----" EDGE OF SCRUB OAK
V''.C:iNI iY MAP
r,
F,.
NOTICE AC(�� DING TO COO LAW YOU MUST COMMENCE ANY LEOAL
ACTION USED UPON ANY 0PJAT ON THIS PLAT WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH OEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS PLAT SE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE
CERTIFICATION IS VOID IF NOT WET STAMPED W+TH THE SEAL OF THE
SURVEYOR.
LOT 2 ASPEN VIEW TRACTS
SW COP. SEC. 20 T.9 S.,
R.86 W. OF THE 6th P.M.
HORIZONTAL CONTROL
LOT 5 ASPEN VIEW TRACTS
104� HAZARD REVIEW SITE PLAN FOR ERIC B. OLIPHANT
PIT I N COUNTY COLORADO.
90'.8
BOOK 294, PAGE 405
1I 5)0'00.00 "E !769.86 BASIS OF BEARINGS; BETWEEN ALUMINIUM CAPS -15710'
N 9000000'E !154.36
PROPOSED DRIVE
0
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0
0
0
0
�,.
/r AC`6-.SS� LANDSCAPE-BARN --�. ..,
LEACH FIELD ENVELOPE
EDGE OF BRUSH LIMITS
XIN, '9 \` OF ENVELOPE
$400'
- -- - - i
EDGE OF BRUSH LIMITS -- --
OF ENVELOPE ___ -_-_ -_ _ - -. UT L I T I E
8410.
P.O. B,
LOT 1 ASPEN VIEW TRACTS
� 30
i
$1 \ ` ^ N
� � _$U IL I Nei ENVELOPk'"-�- w ✓"'_� -
.....✓;y- '-E GE OF" BRUSH
a
5 EDGE OF BRUSH
-
RIDGE - \��\��� •vq.���� _ .
ti Y�
N 89058 11'W 1154.3. 9018
6`\\�.,
SPIKES
RIDGE
A�
UNPLATTED
LOT 17, BLOCK 7,
BRUSH CREEK VILLAGE
LOT 16, BLOCK 7,
BRUSH CREEK VILLAGE
LOT 13, BLOCK 7.
BRUSH CREEK VILLAGE
JUNIPER HILLS DRIVE
60 R O W.
7972
15710
LOT 12, BLOCK 7.
BRUSH CREEK VILLAGE
LOT 12 -A, BLOCK 7.
BRUSH CREEK VILLAGE
Itwor ow qwpp, %SVF A wkwor ':W
LEGAL DESCRIPTION
A PARCEL OF LAND BEING SITUATED IN SECTION 20 TOWNSHIP 9 SOUTH,
RANGE 85 WEST OF THE 6 +h PRINCIPAL MERIDIAN PITKIN COUNTY
COLORADO (A/K /A LOT I, ASPEN VIEW TRACTS). §A)D PARCEL IS MORE
FULLY DESCRIBED AS FOLLOWS
BEGINNING AT A POINT FROM WHENCE THE SOUTHWEST CORNER OF SAID
SECTION 20 BEARS SOUTH 80032'18' WEST 2875.32 FEET:
THENCE NORTH 848.00 FEET:
THENCE EAST 1+54 36 FEET:
THENCE SOUTH 1321 07 FEET:
THENCE NORTH 89058 II' WEST 1154,36 FEET:
THENCE NORTH 472.46 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 35.001 ACRES, MORE OR LESS.
WAVER
APPLICANT ACKNOWLEDGES THE HE HAS BEEN INFORMED BY PITKiN COUNTY OF
THE EXISTENCE OF '1041 HAZARD AREAS' THAT MIGHT AF ECT THE
PROPERTY, Y., IM ME ND THE � . �GCUPAN�Y.,"HEREOF.
APPLICANTy�"
ERIC .1 OL I
PH
11 .
HEARING OFFICER
THIS 1041 HAZARD REVIEW PLAN HAS BEEN REVIEWED AND APPROVED 4I` THE PITKIN
. C4,,�, t..E,r _. �'.R6,MNAHFNGG• -0*— 4444 �E7N T H I S xl. DAY OF f; c.' *;: R.A , 2001
AND IS SUBJJ4CT TO P I TK 1 N COUNTY Pt*Wtl i °' 97.' f! N' RN4" i-- f@ PM�Fi°°49 +FNN"_198J,...._._,.i. 14
xjgiew ».� <*anL S@! °i +6N "' RECORDED .,,..- .- rt�� ^P CIE- ..._ AS RECEPT I ON
0 � g
H""E��R""��""I NG OFFICER
SURVEYORS CERTiF!CATION
I, JOHN HOWORTH HEREBY CERTIFY THAT THIS PLAN WAS. PREPARED FROM
FIELD NOTES OF A SURVEY PEkFORMED UNDER MY SUPERVISION DURING
- r�- Twr-Ct ,..2060 : THIS SURVEY VOID JNLESS WET STAMPED
SIGNED TH!S...�4 AY OF 200!
'CLER'K, AND RECORDERS CERTIFICATE
TH S PLAN S AC�P7DFOR RILING IN THE OF E OF T C E K AND
RECORDER OF P TK I N N` %Y COLOR�TW I S AY OE'
N PLANT OOK�. Af PAGE / AS RECEPTION NUMB R_._,...
L RK AND RECO D R
P TK'N COUNTY, COL�JRADO
LOT] ASPEN VIE,. TRACLS
PREPARED BY
ASPEN SURVEY ENGINEERS) INC
240 SOUTH GALENA STREET
ASPEN, COLORADO 81611
PHONE /FAX (970) 925 - 38.1.6
DATE JOB
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&ENCI; NOWHI 13TS 00 Fkkk
rHENCE NORTH 1420 PhEl 10 HE IRUF POINT Oh BEGINNING) ,A POINT ON
A WROTER; Y BOUNDARY OF THE FIRST 11ING Oh BRSH CR PC VILLAGE
PROVISION AID SUBDIVISION PLAI WING fILH) FOR RECORD IN THE
PRO R ANT) RACOIRDFR S of I )CL,-, OF flfl` COUNTY 01 PITKIN, S'FArr OF
COLORADO:
THENCE ALONG SA 111 momy SUBDIVISION BOUNDARY HE, FOLLOWING
COURSES:
NORTF110'4) SO I,AS I 71i t EI f.
THENCE 181 .28 FVFT AIONG HILL ARC OF A 230./1 P001 RADIUS NON
LANGL-N-1 CURVY 10 jHy RIGHT WIHUI ARC SUBTENDS A CJIORD BITARAW
NORTH 56"46 2fiS ' W,_�S 1,16 64 FI-C 1 :
THENCE NORTH I 34 °15 'pO' WES 1 /0. 99 Fr P 1
THENCE 108.41 f KI ALONG THE ARC 01 A 70.00 FOOT RADIUS CURVI 10
HE I,FFT, WHICH ARC SUHTFNDS A CHORE) NORTH 55' WEST 9/.90
On
!HENCE SOUTH 5/`00 00 WEST Sb-18 TIFrI�
THENCE 129.59 FFF.T AI -.ONE THE ARC Of: A 180.00 CROf RADIUS CURVE TO
IHE RIGTTI, WHICH ARC SUB_IFpNDS A CHORD SOUIH //`37 30' WEST 126,81
PEEI.
THENCE NORTH 81945 00" WEST 130.00 I-Fink
THENCE 69. 1 1 FEET ALONG THE ARC OF A 2%0.00 FOO F RADIUS CURVE TO
VHIT LEFT) WHICH ARC S'URIFNITS A CHORD NORTH 80-05 00- WEST 60.93
FEET:
THENCE SOUIH 83*3 ti' 00 WEST 290,00 Ft,e I
(HENCE 154.20 FIFI ALONG THE ARC OF A 180,00 FOOL RADIUS CURVE 10
THIF RIGHT, WHICH ARC SUBTENDS A CHORD OOF-TH 71'52 30" WEST 149.53
FEET:
THENCE NORTH 47020 00 WEST 95.00 FEET;
THENCE 42.56 FEET ALONG THE ARC OF A 380.00 FOOT RADIUS CURVE TO
THE RIGHT, WHICH ARC 3URIFNI)f.3 A CHORD NORTH 4-,-'07'30" WEST 42.53
FEET:
THE NORTH 40055'00* WES! 305.00 FFLI
THENCE 85.46 FE EF ALONG THE ARC OF r A 1,10.00 FOOT RADIUS CURVE 10
IRE RIGHT, WHICH ARC: SURTE]NDS A CHORD NORTH 22-0(5'00' WEST 8$.93
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THENCE NORTH o3o I,, op wCsi 90 00 F+v
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THE LE T, WHICH ARC SUB`TFMDS A CHORE) NORTH 15-45'00- WEST' 138,52
FEET:
THENCE LEAVING SAID SUBDIVISION BOUNDARY LINK ON A COURSE BEARING
SOUTH 17025 28" WEST 04/,43 FEET TO A POINI ON THE SOUTHERLY LINE
OF THE' NORTH ONE: HALF OF THE sour HWFSF ONE QUARTER OF SAID SECTION
20;
THENCE SOUTH 89059 08 LAST 1/69. 36 FEET ALONG SAID SOUTTTASTRLY
LINE OF THE NORTH ONE HALF OF THE SOIJ44WE-,S] ONE QUARTER AND THE
SOUTHERLY LINE OF THE NORTHWEST 0,10QUARTER OF THE SOUTHEAST ONE
QUARTER Ck SAID SECTION 20 TO THE TRUE POINT OF BEGINNING.
CONTAINING 36 158 ACRES MORE OR KiSS
COUNTY 01 PITKIN, STAY 01 COLORADO,
WA R
APPLICANT ACKNOWLEDGES TEE HE HAS BEEN INIORMED BY PITKIN couNcry of:
THE EXISIENCE OF '1041 HAZARD AREAS" THAI MIGHT AFFECT THE
PROPERTY, ANY IMPROVEMENTS AND 011. USE- AND OCCUPANCY (HEREOF.
APPLICANI .... .. .. .
ERIC R. OLIPHANT
BOARD 01' COUNT COMM ISIONt RS
THIS 1041 HAZARD REVIEW PLAN HAS BEEN REVIEW AND APPROVED BY PITKIN
COUNTY COMMUNITY DEVELOPMENT DIRECTOR THIS , -,,,DAY OF 2000.
CHAIRPERSON, BOARD OF PITKIN COUNTY COMMISIONbRS
S U R V 1
- YORC') CEFRI I h I CA I I ON
JOHN HOWORIH HEREBY CERTIFY THAI Tit
F
ED NOTES OF A SURVEY PERFORMED UNDER
2000. TEAS SURVIFY
5 IG� NED TH I 5, R ,,.,DAY O
Idk �
J fbWd§ NH P'
I$ PLAN WAS PREPARED FROM
MY SUPERVISION DURING
VOID UNI.LSS WET STAMPED.
2000.
C I F-. R K AND R F CO R 1) E RS CI R I- I F I CA 11
!HIS PI AN IS ACCUPTFD FOR I HANG IN THE Off Ct, Of HIL CI RK AND
RECORDER OF PITKIN COUNTY COLORADO THIT, DAY OF
2000� IN PLAI BOOK, AT 6AGE, _-AS RECEPTION NUMB A:2,7177'
6LER-K AND RECORD-AR-
PtIK!N COTJNTY) COi6RADO
PRFPARFD BY
A,SPEN S1,JRVL( LN(_31NH:RS) INC.
210 SOUTH GAI GNA SMITI
ASPEN) COLORADO 81611
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trl[F:NCL NORTH 3!53 00
IHFNCI NORFH 1320 PPFI 10 THE TRUF PCPNI Of 3IUINr,HNC, A POINI ON
rHF WESTERLY BOUNDARY OF 1 111- F I RS 1 F 11 1 NG OF BRUSH URI E!( V 1 d AGE
3JISDIOSION, SA D SUBDIVISION Al PL Eq ri ING [1,10 FOR W CORD IN THU
Ci ERK AND RFCOREF R 0 OPI I Ck OF TH[ COUNT Y OF PI t K I NI, SI A11; OF
COLORADO:
!HENCE AI ONG SAID WISIfRkv SUBDIVOtON HOUMMRY l 0 OLIOWINU,
C OUR SUS :
NOR IH 0`49 56 1 AS! E .
1 HPNC1 18 1 , ?H I PL 1 PH ONG 111' ARC 01 A F30, I f k 001 1 US NON
'ANGINI CORVI 10 ?HE YOU, 'HICH ARC SUB HNDS A CIORD 1:11FAR11,16
NORTH �)6*46 28 W4 S Y �t, 64 , .I I �
!HENCE NORTH 1441, 90 WEST /0.99 141
HFINCL 108.41 Fill At ONG FHI ARC Ph A Y0. 00 t 001 RA01,JS uJRV! JO
NF tbT, WHICH ARC SUHIPINDS A CHORD NORTH 78 ° 37 59 WIST 9/,90
PFET:
PENCE SO= S/'OO 00 Wt Si iFL. !8 f f f I
IHPNCF 129,59 PLO ALONG THL ARC 01 A l 80.00 1 00f RADIUS CURVE to
f-.HE RIGH1 ; WHICH ARC SUS11 ADS A CHORD SCUIH //-V 30- WITS' 126.01
f ET.
THENCE NORIH 81`45 DO WESf 130 OC' ` I I IF
THENCE 69.11 00 ALONG A4L ARC Of A 270.00 POOL RADIUS CURVE TO
Hf Lf jlr, WHICH ARC SUN FNDS A CHORD NORTH 89-09 00- WP- Sr 60.0,'1
FEEI:
IHENCE SOUTH 83`-','i 00 Wf-,�E)' 1 '290 DO F IT F I
THENCE 154.20 PURI ALONG IHT ARC OF A 180.00 1001 RADIUS CURVE 10
THE RICH!, WHICH ARC SUBIrNDS A CHORD SOUTH /1-SYSO WE40,5 ET.
THENCE NORFH 470 X51- 95,04THENC FEET ALONG HIF ARC OF A 180.00 TOOL RADIU CURVE 1(
THE RIGHT, WHICH ARC SUBVFNDS A CHORD NORTH 44``O/ 30' WFSI 42. )3
FEET
HE NORTH 4005 00' WE f sovoc Ent
THENCE 85.46 IEEE ALONG THE ARC 01 A 100.00 1-001 RADIUS CURVE 10
THE RIGHT, WHICH ARC SUHIPMES A CHORD NORTH 22 °0`,'00" WEST 83.9,5
PLATE
THENCE NOR IH 03'1') 00 WELSI 80 00 FF-J l
THENCE 139 6J FLCT AIONG THE ARC OF A 620.00 FOOI RADIUS CURVE I0
THP IPFq WMCH ARC SUUTFNDS A CHORD NORTH 15-0YOO' WhSl 13802
FEET:
IHENCF LEAVING SAID SUBDIVISION BOUNDARY !IN ON A COURSE BF-ARIN(l
SOUTH 17"25 28" WEST 1547.43 FEET TO A POINT ON Ilk' SOUTHERLY I INI,
OF THE NORTH ONE: Phi r OF THR )OUHHWFST ONE QUARTER OF SAID SFCI1ON
20
THENCE SOUNd 890`59 08 PASI 1/69.86 1-0::f ALONG SAID SOU11-FEASITHY
1 INT OF THE NORTH ONE HAIF OF THE SOU 1HWLS1 ONI, OUARIFR AND THE
SOUTHERKY LINE OF THE NORTHWEST ONES GUAR OR OF THE SOUTHEAST ONE
QUARTER Of SAID SECIION 20 10 THE TRUE POINT' OF BEGINNING. BEGINNIN
CONTAINING 36 158 ACRTS MORE OR !ASS
COUNTY OF F`!HK!N, STATE Of COLORADO
WA 1 VF
AP PL 1 CAN I ACKNOWL EDGE$ I HE It HAS BE! N I NF, OR111:0 HY P I I K I N COUNTY Of
THE FX I STENCH OF ' 1041 HAZARD AREAL" I F ]A f El I G 11 F Af ! E C I I I iF
PROPERTY, ANY IMPROVFMfNIS AND ]HE lKir AN[) OCCUPANCY THEREON.
APP;.ICANI
ERIC 11 01 !f5HAEH-
ROARD M COUN 1 Y COMM i S ONI ks
THIS 1 04 1 LAZARD REVIEW PI AN HAS BF FN REV AND APPROVED By RIFKIN
COUNTY COMMUNITY DI VFLOPMFNT DIRECTOR THIS J_DAY OF ... 2000.
1 --., ------ — I — - "d
CHAIRPERSON, BOARD 01 Plft6N COUNTY COMMiSIONERS
SUIRVI Yofi11; C! R! 1 1 1 W, l ` (XI
1, JOHN HOWORIn, II SRI BY (THE G &Y 11 At ;111 0 P AN AA rRI PARL-10 i R(,'f
1 11 1 D NO I FS Or A SURVI Y 0111 ORIElf D FIT 12 My SUP LRVIGION DURING
)000, HHS FURVI Y Volt) I% f-SA AIE-f SFAMPf I)
SIGNKD THIS DAY OF 2000
JOHN I NuiioR I f4 N S -.
U INK
AM) RKTORDHAS
M it!
:1 C H
THIS PLAN
IS ACCKPN L) TOR
I IF ING IN
!If[ Of I IU Of Hl CI ERK AND
RECORDER
Or PITKIN COUNTY
COLORAUD
IHIS , DAY OF
2000, IN
PLAT BOOK - A
6AGE /S
RECrPf!ON NUNIRF-R
CI FRK AND RI CORDER
III I K I N COON li, Cm,6RADO
S1. CDR SEC. 20 " S
R.6(1r W. OF hit 641 I.M.
HORE /ON AL CONIROL
Pmu- oc)
PRI-PARED BY
A 5 11 di S,Pl V 1: Y N C,; I NI , I - R I NC
SIO SOUTH GAIFNA SfTO o I
ASFNFN, COLORADO 8161!
PHONE /FAX (9/0) 92,5 JEA!6
DA ft. ADD
9/00 2068A