HomeMy WebLinkAboutpitkin.planning.264320300013 (4)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:' 2643- 203 -00 -013 - DA7.RCVD� 7/19/2000 # COMES: 10 CASENO P096 -00
r.CASE NAME: Parker 1041 HR & Ridgeline R /'I�l ( Planners Tamara Pregl
PROJI ADDR: 2909 Juniper Hill6 Lot 2 Aspen Ridge
•� OWN /APP: Parker, Alexis ADR Box 1047 C /S2: Aspen, CO 81612 PHN:�
REP: Glenn Horn ADR: 215 S. Monarch, #104 CIS /Z: Aspen, CO 81611 PHN: 925- 6587/5180
Email Addr: ALLOCATED HOURS:
FEES DUE: 1110 - 160 Housi FEES RCVD: 1240 % OVER:
REFERRALS lAttorney, Zoning, Engineer. DOW. Housing, BrushCreek Landowners Ass., Aspen Fire, CSFS, Wildlife 6iolog
REF: 8/9/2000 BY TKT DUE: 9/8/2000
MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: 9/19/2000
9/1912000 HO No 8/18 /2000 anrr P.., r—
REMARKS
BOCC Ord:
PZ:
HRG OFF: 130 -2000 #447728
CLOSED: 9/29/2000 BY: TKT HO INDEX:
� ADMIN:
PLAT RECORDED 57/2001 PLAT (BK,PG): 857 P63 #454540 ADMIN INDEX:
VR APPROVAL DATE: 911912000 VR EXPIRES: 9/19/2003
CASE TYP: 1041 Hazard Review & Ridgeline Rei CASE TYP5:
CASE TYP2: CASE TYP6:
j CASE TYP3: CASE TYP7:
CASE TYP4: Date Scanned: 2/20/2012
File Location: IFF Box #214
DETERMINATION OF THE HEARING OFFICER OF PITKIN COUNTY. COLORADO,
GRANTING APPROVAL OF THE PARKER 1041 HAZARD REVIEW, CONCEPTUAL
SUBMISSION, SCENIC OVERLAY AND RIDGELINE REVIEW AND SPECIAL REVIEW FOR A
CARETAKER DWELLING UNIT
Determination No. '30_ - 2000
RECITALS
Alexis Parker ( "Applicant ") has applied to the Pitkin County Hearing Officer for the following
approvals:
A. 1041 Hazard Review approval to enlarge the previously approved building envelope;
B. 1041 Hazard Review approval to establish a development envelope for a septic system;
C. 1041 Hazard Review approval to establish a development envelope for the construction of a
barn and caretaker dwelling unit;
D. Special Review for a Caretaker Dwelling Unit to be constructed within a barn; and
E. Scenic Overlay and Ridgeline Review.
2. The subject parcel is located above Brush Creek Village Subdivision within a parcel created as part
of the Aspen Ridge Subdivision referred to as Tract 2, and is bordered by the Cozy Point Ridge Subdivision
to the east, the Droste Pioneer Springs Ranch Subdivision to the South and Lot 4, Aspen Ridge Subdivision
to the West, and is more specifically described in Exhibit A.
3. The property is zoned AFR -10. The property contains approximately 35 acres.
iiiiin-0., 4. This application was reviewed by the Hearing Officer at a duly noticed public hearing on September
-i c°a 19, 2000, at which time evidence and testimony were presented with respect to this application.
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5. The Hearing Officer finds that this application proposes development in the best possiHe location,
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�s F- 6. The Hearing Officer has determined that the proposed caretaker dwelling unit meets the standards
�F IL established in sections 3- 150- 130(B) and 3 -210 of the Land Use Code. The Applicant proposes to deed
o o° restrict the proposed caretaker dwelling unit.
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o a z NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that it does
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F�— m o hereby grant approval to the Parker 1041 Hazard Review, Conceptual Submission. Scenic Review and
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�� m Ridgeline Review and Special Review for a Caretaker Dwelling Unit, subject to the following conditions
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rc which shall run with the land and be binding on all successors in interest:
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The conditions of this resolution shall supersede all conditions of approval established in BOCC
Resolution 94 -115.
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Resolution No. _7�0- 2000
Page 2
2. The Applicant shall adhere to all material representations made in the application and public
meetings.
3. Prior to submittal of any building permit applications, the Applicant shall record a 24 x 36 inch
mylar 1041 Hazard Review Site Plan in accordance to Section 5 -70 -040 of the Land Use Code. The site
plan shall also be submitted in a digital format for integration into the County Geographic Information
System (GIS).
4. Prior to recording of the site plan, the barn envelope shall be located subject to approval of the
Community Development Department and the Colorado State Forest Service. The barn envelope shall be
reviewed for wildfire hazard concerns and ridgeline review.
5. Wildfire mitigation shall be as follows:
A. Defensible Space:
1. The area around all structures shall incorporate landscaping with wildfire defensible
space considerations as follows (NOTE: Actual vegetation manipulation to meet
these conditions may not be necessary where the natural vegetation patterns have
already fulfilled these conditions):
a. Brush, debris, and non - ornamental vegetation shall be removed within a
minimum 15 foot perimeter around all structures. Vegetation in this area
shall be at 6" or less (i.e. mowed grass, low- growing perennials). No
vegetation taller than 6" shall be planted in this area. Any combination of
mulch, hardscape (i.e. sidewalks, stones, etc.) may be utilized. Woody plant
material should not be planted in this area.
b. For a distance of 100 feet in every direction around all structures, clump and
space existing oak shrubs. The maximum diameter of all clumps allowed to
remain should be no larger than 2 times the height. The cleared space
between clumps should be 3 times the height. For example, if the shrubs are
5 foot tall then the remaining clumps should have a diameter no larger than
� _ w z 10 feet with spacing of 15 feet between clumps.
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= c. Remove the lower limbs of the shrubs up to half the total height of the plant
to eliminate the ladder fuels.
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Nc Structural Design and Construction Requirements:
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to A. Roof shall have a Class A, non - combustible roof system. Wood shake /shingle roof
mcovering and flat roofs (up to a 3:12 pitch) are prohibited in all wildfire hazard areas.
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C4 w B. All vents shall be screened with corrosive resistant wire mesh of one quarter inch
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_va maximum.
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Resolution No. JO__- 2000
Page 3
Maintenance:
A. Roofs and gutters shall be kept clear of debris.
B. Yards shall be kept clear of all litter, slash, and flammable debris.
C. All flammable materials (including firewood /wood piles) shall be stored on a parallel
contour a minimum of 15 feet away from any structure.
Miscellaneous:
A. Fences shall be kept clear of brush and debris.
B. Wood fences shall not be connected to the structure.
C. Fuel tanks shall be installed underground with an approved container.
D. Each structure shall have a minimum of one 10 lb. ABC fire extinguisher.
E. Addresses shall be clearly marked and visible with minimum 2" non - combustible letters
and shall be clearly visible at the primary point of access from the public or common access
road and installed on a non - combustible post.
Any outbuildings or additional buildings shall adhere to the same standards as structures.
G. Swimming pools shall be accessible to Fire Department vehicles.
Utilities:
A. Utility lines shall be buried.
6. No development, including grading, berming, entry or ranch gates, and vegetation removal or
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disturbance shall occur outside of the designated building envelope, except for utility and driveway
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extension and maintenance, extension of utilities to the accessory building envelope, and as may be
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necessary to implement the wildfire mitigation measures required elsewhere in this document.
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7. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit
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water consumption and additional runoff within one growing season of the project's completion.
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8. The Applicant shall comply with the following standards for development on slopes of greater
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than 15 %:
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A. Adequate mechanical support shall be provided for cut slopes.
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B. Adding water which may decrease slope stability shall be avoided.
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C. Adding weight to the top of the slope shall be avoided.
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D. Disturbed slopes must be contoured so that they can be revegetated.
E. Steepening of existing slopes shall be avoided.
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Resolution No. ')0 - 2000
Page 4
F. Confine cuts, fills, grading and excavation to the minimum area needed for construction.
9. The Applicant shall comply with the following geologic mitigation measures:
A. The house shall be designed to prevent the accumulation of radon gas.
B. Foundation plans shall be submitted at building permit application. Building foundations
shall be reviewed and certified by a Colorado registered professional engineer. The
foundation design shall take on -site mancos derived soils into consideration.
10. A fireplace/woodstove application must be filed and approved by the Community Development
Department prior to the issuance of a building permit (if necessary).
ii. Prior to the issuance of any building permits, the Applicant shall obtain a septic permit from the
Environmental Health Department. All sewage disposal systems must be designed by a registered
professional engineer. Sewage disposal system shall be located within the approved development
envelope.
12. Prior to the submittal for any building permits, the Applicant shall provide documentation of an
adequate domestic water supply on the property. Quantity and quality of said supply shall meet the
approval of the Environmental Health Department. The well site shall be located within the approved
building or development envelopes.
13. The Applicant shall comply with all codes and requirements of the Aspen Fire Protection Distret.
14. Development of 30 inches above or below grade within the required setback requires approval of
a variance by the Board of Adjustment.
is. The Applicant shall comply with the following wildlife mitigation:
A. Dogs shall be prohibited.
B. All trash/garbage shall be contained in approved bear proof garbage containers. Prior to
Certificate of Occupancy, the installation of the containers shall be verified.
C. Fruit - bearing trees and shrubs should be avoided in any landscaping due to the high level of
black bear activity in the area.
D. Fencing shall be prohibited outside of the approved building envelope for the primary residence
and the approved development envelope for the barn /CDU.
E. Corrals and horse fencing should be restricted to the development envelope for the barn /CDU.
F. Native vegetation shall be preserved outside of the building envelope, with the exception of any
thinning and spacing required to accommodate wildfire mitigation.
16. The Applicant shall submit a Drainage and Erosion Control Planto the County Engineer for review
and approval, prior to the submittal for any building permits. The plan should delineate the size and. location
of pipes and drainage structures, overall grading and drainage and the location of the proposed metods of
erosion.
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Resolution No. 3C- 2000
Page .5
17. Mitigation of potential drainage problems shall be addressed as follows:
A. Residential construction shall include a perimeter foundation drainage system to direct drainage
around the structure; and
B. Any additional runoff created by the parcel's development shall be directed to a drywell or
other collection point for natural percolation into the surrounding subsurface.
18. Prior to the submittal of any building permit applications, the Applicant shall submit an
Access/Driveway Development Permit for review and approval by the County Engineer. The driveway
shall comply with County standards outlined in the edition of the Road Management and Maintenance
Plan in effect at the time of issuance of the permit.
19. The applicant shall join a road improvement district for improvements to and/or maintenance of the
Aspen Ridge Subdivision Road, in the event that such a district is formed.
20. Prior to the issuance of any building permits, the Applicant shall petition and agree tojoin the Brush
Creek Village Road Improvement District and pay ongoing and current pro-rata unit costs for annual
maintenance as provided by statute, provided there shall be equal treatment of maintenance costs within the
agreement.
21. The Applicant shall comply with the following standards for the caretaker dwelling unit:
A. Prior to the issuance of any building permits for the unit, the Applicant shall record a deed
restriction for the caretaker dwelling unit with the Housing Office.
u B. Housing Office staff shall inspect the unit prior to issuance of a Certificate of Occupancy.
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Z C. The kitchen unit shall contain at least a two- burner stove with oven, a standard sink, and no
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w x D. The caretaker dwelling unit shall be limited to 700 net liable square feet as calculated by the
W d Aspen/Pitkin Housing Authority.
==00 E. Prior to the issuance of any building permit applications, a floor plan of the caretaker dwelling
cc = unit showing the square footage of the unit shall be provided to the Housing Office forreview
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Lighting shall comply with the Pitkin County lighting standards at the time of installation.
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m m 23. All development must comply with the provisions of the Pitkin County's Noxious Weed
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C4 24. Floor area for this property shall be limited by and calculated pursuant to Ordinance No. 23-
v a 2000.
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25. The height of the principal dwelling unit shall not exceed 28 feet in height including the roof
peak. The height of the barn/CDU structure shall not exceed 25 feet in height including the roof peak.
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Resolution No. -�Q - 2000
Page 6
26. 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.
27. For any free market residential structure of 5,000 gross square feet or greater, the Applicants shall
comply with Section 4.01.01(B) of the Pitkin County Road Management and Maintenance Plan, which
requires the Applicants to provide construction trip and residential trip generation studies. The Alplicants
shall comply with this provision as it is in effect at the time of building permit issuance to the satisfaction of
the County Engineer.
28. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin
County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land
Use Code, § 4 -140 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on
September 19, 2003.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 19TH DAY OF
AUGUST, 2000.
APPROVED AND ADOPTED ON THE 19TH DAY OF SEPTEMBER, 2000.
VESTED RIGHTS NOTICE PUBLISHED ON THE DAY OF Oc �L , 2000.
HEARING OFFICER
ATTEST: OF PITKIN COUNTY, COLORADO
Ten ley Ta} or,
Adminlstr ive As slant
APPROVED AS TO FORM:
John Ely ;
Co Attomey
Case #P96 -00
264320300013
6 0( "i J, 6
7 a � (QaQ
L ce'Clarke,
Hearing Officer
Date: 5 }-`I I cJ0
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
IIIIII" III" III' 111111III111111111111IIIIIIIIIIIIIN
447728 10/06/2000 10:418 DETERMIN DRVIS SILVI
6 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
f{0 30- P'000 EXHIBIT "A" -
R 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 Southwest corner of said
Section 20 bears S. 80 degrees 32 minutes 18 seconds W. 2875.32
fee*_; thence West 1797.88 feet: thence North, 848.00 feet;
thence East, 1797.88 feet; thence South 848.00 feet to the
point of beginning.
County of pitkin, State of Colorado
I I'llll I'lll "IIII 191. I"III TERMI III " .00 PITKIN CO III I I VI
447726 10/06/2
7 of 7 R 0.00 0 0.00 N 0
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MEMORANDUM
TO: Pitkin County Hearing Officer
FROM: Tamara Pregl, Planner "� \
RE: Parker 1041 Hazard Review, Conceptual Submission, Scenic Overlay and Ridgeline
Review and Special Review for a Caretaker Dwelling Unit
DATE: September 19, 2000
SUMMARY OF REQUEST: The Applicant is requesting the following approvals:
• 1041 Hazard Review approval to enlarge the previously approved building envelope;
1041 Hazard Review approval to establish a development envelope for a septic system;
• 1041 Hazard Review approval to establish a development envelope for the construction of a barn
and caretaker dwelling unit;
• Special Review for a Caretaker Dwelling Unit to be constructed within a barn; and
• Scenic Overlay and Ridgeline Review.
APPLICANT: Siena Pacific, LLC
REPRESENTATIVE: Glenn Horn
LOCATION: The parcel is located above Brush Creek Village Subdivision within a parcel created as part
of the Aspen Ridge Subdivision referred to as Tract 2, and is bordered by the Cozy Point Ridge Subdivision
to the east, the Droste Pioneer Springs Ranch Subdivision to the South and Lot 4, Aspen Ridge Subdivision
to the West.
ZONING/LOT SIZE: The property is zoned AFR -10. The property contains approximately 35 acres.
BACKGROUND: The property has received previous approvals. The Planning and Zoning Commission
recommended General Submission approval to the BOCC and granted 1041 Hazard Review approval to
Jacques Alexis Artel pursuant to Resolution No. 91 -27. According to Resolution No. 91 -27, the planning
staff visited the site on two occasions to determine if on -site development will meet the Code criteria for
Scenic Overlay review Planning Director sign -off. Staff and the Planning Director did find that if on-site
development is limited to within the designated building envelope and that the roof ridge height does not
exceed 28 feet and can not be seen from the designated corridors defined by the Land Use Code. The
BOCC granted General Submission and Caretaker Unit approval to the Artel application pursuant to
Resolution No. 91 -101. A site plan was recorded in Book 27 at Page 79. The BOCC granted an extension
of vested rights pursuant to Resolution No. 94 -115, which repealed and replaced Resolution Nos. PZ-91 -17
and 91 -101. The vested rights of these approvals have now expired.
EXISTING CONDITIONS: The property is an undeveloped metes and bound parcel. There is a very
steep cliff along the south edge of the property. The gravel road that traverse through the property serves
four additional 35 acres lots.
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Parker
September 19, 2000
REFERRAL COMMENTS: Referral agency comments are incorporated throughout this memorandum
and are attached for reference. Written comments were not received from the Colorado Division of
Wildlife, Brush Creek Landowners Association, and Colorado State Forest Service. Vince Urbina of the
Colorado State Forest Service referred to Kelly Roger's comments submitted in 1994 as part of the
Extension of Vested Rights request.
STAFF COMMENTS:
1041 HAZARD REVIEW /CONCEPTUAL SUBMISSION
The Hearing Officer may grant approval of a 1041 Hazard Review and Conceptual Submission based on a
finding of compliance with the standards of Section 3 -60, 3 -70, 3 -80 and 3 -110 of the Land Use Code.
Specific hazards, resources and recommended mitigation measures are discussed below:
Wildfire: Vince Urbina of the Colorado State Forest Service has reviewed the application and has deferred
to Kelly Roger's comments that were submitted June 3, 1994 during the 1994 Extension of Vested Rights
application review. According to Mr. Roger's letter, the vegetation on the lot consists of patchy oak and
service berry brush approximately 2 to 8 feet in height. The site has been mapped as severe wildfire hazard
and the vegetation and slope on much of the lot poses a significant threat from wildfire. Mr. Roger's has
noted that under favorable burning conditions, a fire originating below this site wouldprobably be quite
intense and difficult to control.
Wildlife: The property is mapped as elk and mule deer winter range. Kevin Wright of the Colorado
Division of Wildlife was unable to comment. Jonathan Lowsky, County Wildlife Biologist, has reviewed
the application and has indicated that "the southern fifth of the property faces directly south and provides
both mule deer and elk critical winter range, winter concentration areas, and severe winter range. In
addition, the property lies within 1/4 mileof active elk calving habitat. Black bears are known to be very
active in this area and there is a history of human/bear conflicts." According to the 1997 Colorado Division
of Wildlife quadrangle maps in the Planning Department the property is mapped forelk and mule deer
winter range.
Staff has spoken to Mr. Lowsky to get a better understanding of exactly where the concentration of
wildlife is located on the property with respect to the proposed building envelopes. It is staff's
understanding that the critical winter range, winter concentration areas and severe winter range are
primarily at the base of the steep cliff to the south of the proposed building and development envelopes
and that the active elk calving habitat is located to the northwest of the property. Mr. Lowsky has
confirmed that the entire property is located within elk and mule deer winter range. Mr. Lowsky has
offered a number of wildlife mitigation measures which will be incorporated as conditions of approval.
tJoCi1ul)
Parker
September 19, 2000
Page 3
Geoloeic Hazard
• Slopes: There does not appear to be any portion of the property that contains slopes less than
15 %. The proposed building envelope and development envelopes contain slopes in excess of 15 %.
Pursuant to section 3- 80- 050(C)(1) of the Code, development is prohibited on slopes greater than 15%
unless a specific development proposal is found to result in a site design that creates less impact than if
the development was limited exclusively to slopes of less than 15 %. In the event that a development
proposal utilizes slopes in excess of 15% or if a development site is comprised exclusively of slopes
which exceed 15 %, design and development shall be based on a detailed site analysis, including geologic
and engineering studies to identify the best development area. Staff is off the opinion that the principal
and development envelopes are located in the acceptable locations on the property. The applicant will
need to comply with Nick Lampiris's recommendations, addressed further in this memorandum, which
requires soils engineering studies to insure proper foundation design due to the mancos shale on -site.
There are some small areas within both the building and development envelopes that contain slopes in
excess of 30 %. In accordance with section 3- 80- 050(C)(2) of the Code development on slopes greater
than 30% is prohibited, however, the Land Use Code does provide an exception "on lands that have a
slope in excess of 30% when the slope is due to the presence of a minor natural or man-made change in
the gradient of a continuous slope." It is staffs opinion that these areas within the principal and
development envelopes that contain slopes of 30% should be considered anomalous and development of
these areas should be allowed.
• Mancos Shale: Nicholas Lampiris, Consulting Geologist, has indicated in a letter dated
December 5, 1990, which was used during the 1991, 1041 Hazard Review approval, that the geology of
the site consists of upper portions of the Cretaceous age Mancos Shale. There is not evidence of
movement and the terrain is much too gently sloping to cause much concern. Mr. Lampiris has indicated
that there are no other geologic structures such as faults or folds which can affect development of a single
family dwelling on the site. Mr. Lampiris has noted that soils engineering studies should be performed at
the site specific level to insure proper foundation design by a structural engineer on the Mancos Shale -
derived soils on the gentle slope, although the soil cover is very thin to absent. There should be a 60 foot
setback from the very steep cliff to the south. In addition, the home should be designed to prevent the
accumulation of radon gas.
Pursuant to Section 3- 80- 050(G), development within a mancos shale area may be permitted subject to
the following:
1. If design and construction stabilization and maintenance measures approved by a qualified
professional geologist or engineer and the County are utilized;
2. Based upon an evaluation of the development's effect on slope stability and shrink-swell
properties;
3. If designed to provide adequate surface drainage; and
4. Concentrated runoff from impervious surfaces into natural drainages shall be prohibited unless
it is demonstrated that there will be no adverse affect.
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Parker
September 19, 2000
The Applicant has indicated that they will alhere to Mr. Lampiris's recommendations
i' CONCEPTUAL SUBMISSION REVIEW
Water: The subject property is not within the service area of the Brush Creek Village water system or any
other approved municipal water supply system. The Applicant has noted that an individual well will be
installed. The Applicant has been working with Wayne Shelton of Shelton Drilling who has speculated that
water should be available within the building envelope. 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 either the development or building envelopes.
Sewer: The Applicant has worked with waste water disposal system experts to locate asuitable location for
a leach field. A leach field has been identified on the site plan. Prior to the issuance of a building permit,
Environmental Health must approve an ISDS permit.
Drainage and Erosion: The Applicant has indicated compliance with al drainage and erosion requirements
as necessary. The Applicant has indicated that the historic on -site drainage will be maintained on site and
that standard erosion control measure will be utilized during construction. The Applicant shall submit a
Drainage and Erosion Control Plan for review and approval by the County Engineer that covers both the
construction activities and the final development. The Plan shall, at a minimum, show thesize and location
of pipes, drainage structures; overall site grading and drainage and the location and proposed methods of
erosion control.
Access: Access to the property is accessed through the Brush Creek Village Subdivision on Juniper Hill
Road. The road beyond the Brush Creek Village Subdivision is a non -paved surface of adequate width.
This section of the road services 4 other 35 acre parcels. Bud Eylar, County Engineer, has reviewed the
application and has indicated that the applicant shall obtain an Access/Driveway Development permit at
the time of issuance of a building permit. The drive shall comply with all county road and driveway
standards in the edition of the Road Management and Maintenance Plan in effect at the time of issuance
of the permit.
Fire: Ed Van Walraven of the Aspen Fire District has reviewed the application and has indicated that the
project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but
is not limited to accessible turnarounds, wildland fire mitigation and the installation of an approve)
residential fire sprinkler system where applicable.
SCENIC OVERLAY
The property does lie within an area mapped as Scenic Overlay and Ridgeline. During the 1991, 1041
Hazard Review for this property, it was determined by staff that the original building envelope qualified for
Planning Director sign -off because a 28 foot high building to the top of the roof ridge, as proposed by the
U(�VJ.L1
Parker
September 19, 2000
Page 5
property owner at the time, within the designated building envelope would not be seen from Brush Creek
Road and the proposed development would not break a ridgeline.
Currently, Scenic Overlay and Ridgeline requests are reviewed by the Pitkin County Hearing Officer,
however, the Code continues to allow the Planning Director sign -off if the Applicant demonstrates that the
proposed development is insignificant. However, section 4-10 -030 of the Code states, "Any development
application which would involve multiple review procedures culminating in approvals from differing review
bodies... shall be combined for review and approval by the highest review authority which would otherwise
have been involved in the separate review procedures." Therefore, the Hearing Officer shall review this
application through the one -step review process and make a determination.
It has been the practice of the Planning Department in the past to accept application for 1041 Hazard
Review and Scenic Overlay Review separately. However, according to the Land Use Code, section 4-50 -
020(F)(5) states that, "applications requiring more than one type of approval shall be processed
simultaneously until all approvals have been obtained or until any necessary approval has been denied."
Since the property is not visible from State Highway 82 and the Scenic Overlay concerns are from Brush
Creek Road, staff has worked with the applicant in the past to establish a building envelope and recently
to establish a development envelope for a barn/CDU so that neither envelope would break the ridgeline, it
is staff s opinion that elevation plans for the proposed structures would not be required for this property.
Plus, it is staffs understanding that the Applicant will maintain a building height of 28 feet including roof
peak for the principal structure. The proposed barn/CDU shall comply with accessory heightwith the roof
peak not exceeding 28 feet.
As part of the 1991 approval, Nick Lampiris had indicated that the building envelope be setback from the
steep cliff 60 feet for geologic reasons. The Applicant is requesting to enlarge the building envelope
approved in 1991 slightly to the northeast and west. The south side of the building envelope, adjacent to
the cliff, will remain as approved in 1991. It is staff s opinion that there should be no visual impact from
Brush Creek Road.
The Applicant is proposing a development envelope for a barn/CDU envelope which appears to be closer
to the edge of the ridge than the original building envelope was approved. The Applicant has indicated in
the application that the proposed location of the barn/CDU envelope will not break the ridgeline as
viewed from Brush Creek Road. Staff met with the Applicant on site to view the proposed expansion of
the original building envelope and the proposed development envelope for the barn/CDU. It was
determined that the proposed development envelope would need to be moved 20 feet to the north, away
from the cliff because, when using height poles, any structure would be significantly visible from Brush
Creek Road. The Applicant will restake the development envelope and staff will conduct a second site
visit, prior to the Hearing Officer meeting, to confirm that a 20 feet adjustment will be adequate.
vLJGJ12
Parker
September 19, 2000
D OTHER
Joanna Schaffner, County Zoning Officer, reviewed the application and has offered the following
comments:
• Although development may occur within the setback, no structures exceeding 30 inches inheight
will be permitted within this area without approval of the Board of Adjustment, this includes
driveway construction;
• The proposed leach field appears to be located within the 40 foot access and utility corridor; and
• A barn, as defined by the Land Use Code, means " a building used to shelter or enclose livestock,
poultry, feed, or field equipment accessory to an agricultural operation." Ms. Schaffner has
indicated that an argument could be made that the subject property is not suited for agricultual
operations, therefore a barn is not an appropriate structure for this property. If uses other than a
barn are expected to occur within the "barn envelope" then the envelope is better labeled as
"accessory" and not as "bard'. And non - agricultural use in the "barn envelope" will be included in
the floor area calculations.
CARETAKER DWELLING UNIT (CDU): The following is a review and analysis of the proposal relative to
the applicable standards of Section 3- 150- 130(B) of the Land Use Code. The Community Development
Director may permit a CDU up to 700 net livable square feet in the AFR -10 zone district under the
following conditions and limitations:
1. The floor area of the caretaker unit shall be included in the total allowed floor area for the lot or
parcel of land.
Response: The total floor area of the principal and caretaker unit will not exceed the allowable FAR
pursuant to Ordinance #023 -2000. Since the property is greater than 20 acres, agricultural structures are
exempt from floor area calculations, however, the allowable floor area of the CDU is included in the floor
area calculation.
2. There shall be provided one off-street parking space for each bedroom within the principal dwelling
and one off - street parking space for each bedroom in the caretaker unit.
Response: The Applicant has indicated that they will provide adequate parking for the principal
residence and the caretaker dwelling unit.
3. The applicant shall deed restrict the unit to comply with the caretaker unit deed restriction pursuant
to Section 3- 150.130(B) (3) of the Land Use Code.
Response: The Applicant agrees to deed restrict the caretaker dwelling unit in accordance with County
regulations.
Oulu' JA
Parker
September 19, 2000
4. The dwelling unit deed restriction may only be removed upon approval by the Community
Development Director, subject to the requirement that the dwelling is removed or modified.
Response: The Applicant agrees to comply.
SPECIAL REviEw: A caretaker dwelling unit is listed as a special review use in the AFR -10 zone
district, and therefore must comply with the special review standards in Section 3 -2 10 of the Land Use
Code. These standards require that:
A. The use is consistent with applicable master plans, County Land Use policies, the intent of the zone
district, and the character of the surrounding area.
Response: The use is consistent with applicable master plans, County Land Use policies, the intent of
the zone district, and the character of the surrounding area, however, the immediately adjacent property to
the west (Elliot/Artel) was granted approval for an attached caretaker dwelling unit to be constructed
within the free - market dwelling unit in the lower building envelope.
B. The location, size, design and operating characteristics of the use are in harmony with the
surrounding area and minimize adverse effects.
Response: The proposed caretaker unit will be located within the proposed barn structure. There should
be no visual impacts on the surrounding area. The CDU will not be visible from any public right -of -way
or adjacent neighbors. Staff has worked with the applicant to verify that the barn structure will not be
visible from Brush Creek Road. Parking, trash, service delivery and other needs of the CDU shall be met
as part of the development of the primary residence.
C. Adequate public facilities and services are available.
Response: All necessary public facilities and services are available to the CDU.
D. The proposed development will not materially endanger the public health, safety or welfare; and
substantially injure the value of adjoining or abutting property.
Response: The CDU should not have any impact on the public health, safety or welfare. In addition, the
CDU should not substantially injure the value of adjoining or abutting properties.
E. Limitation of Approval: The Special Review of CDUs shall be exempt from the limitations of
Approval and time limits standards.
Response: CDUs are exempt from limitations of approval and time limit standards
41
Parker
September 19, 2000
STAFF'S RECOMMENDATION: Staff recommends that the Hearing Officer deny the Parker 1041
Hazard Review, Conceptual Submission and Special Review for a Caretaker Dwelling Unit, since
development is prohibited, pursuant to Section 3-80 -070 of the Land Use Code, within areas mapped and
determined by the Colorado State Forest Service as severe wildfire hazard.
Pursuant to section 3- 80- 070(A) of the Land Use Code, development is prohibited within areas mapped and
identified by the Colorado State Forest Service as severe hazard. In the event that there is not area of a
development site free from severe wildfire hazard and a development application is subsegiently denied, an
applicant may appeal the denial to the Board of County Commissioners pursuant to section 3280. If an
appeal of a project denial is granted by the Board, then the development application shall incorporated
hazard mitigation according to the standards in section 3- 80 -070(C ), mitigation standards.
ATTACHMENTS:
1. Draft Determination
2. County Wildlife Biologist
3. County Engineer
4. Aspen Fire Protection District
5. Housing Office
6. Zoning
Application and site plan submitted separately.
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Case #P96 -00
264320300013
00GJ15
ATTACHMENT
PITKIN COUNTY WILDLIFE MANAGEMENT
MEMORANDUM
TO: Tamara Pregl, Pitkin County Community Development
FROM: Jonathan Lowsky, Pitkin County Wildlife Biologist
SUBJECT: Parkerl041 Hazard Review
DATE: 09/11/00
The Parker parcel is located on the ridge of an unnamed hill above the lower reaches of Brush Creek. The
property is dominated by Gambel oak/serviceberry shrublands with some mountain sage and aspen. The
southern fifth of the property faces directly south and provides both mule deer and elk critical winter range,
winter concentration areas, and severe winter range. In addition, the property lies within '/a mile of active elk
calving habitat. Black bears are known to be very active in this area and there is a history of human/bear
conflicts.
Given the above, the following conditions should be applied to minimize impacts to wildlife:
1. Residential development shall be clustered outside of habitat areas to the maximum extent possible to
minimize impacts on wildlife as per Section 3- 80.080(A)(2) of the Pitkin County Land Use Code.
2. Native vegetation must be maintained outside the building envelope as per 53- 80.080(A)(3).
3. Dogs should be prohibited on as per §3- 80.080(B)(5).
4. Installation and use of approved bear -proof trash containers, should be required. Verification of this
condition should be required prior to issuance of a certificate of occupancy.
5. Fencing should be prohibited outside the building envelope due to the importance of the winter range on
and adjacent to the property.
6. Corrals and horse fences should be restricted to the barn envelope.
'A bear proof trash container must be a fully enclosed, steel container of any sim with a steel lid that has a two step opening mechanism. Approval is
granted by the Pitkin County Wildlife Biologist or personnel of the Colorado Division of Wildlife.
76 SERVICE CENTER ROAD • ASPEN, CO • 81611
PHONE: 970/920 -5395 • FAX: 970/920.5374
uu�u-L6
. TACHMENT 'J3
Bud Eylar, 08:01 AM 9/13/00 -0600, Parker
X- Sender: bude @pubwork
X- Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Wed, 13 Sep 2000 08:01:34 -0600
To: tamarap@co.pitkin.co.us
From: Bud Eylar <bude @ci.aspen.co.us>
Subject: Parker
Tamara, I have reviewed the application and have the following comments:
1)The applicant shall obtain an Access /Driveway Development permit at the time
of issuance of a building permit. The Drive shall comply with all county road and
driveway standards in the edition of the Road Management and Maintenance Plan
in effect at the time of issuance of the permit.
2)The applicant shall submit a Drainage and Erosion Control plan. At a minimum,
the plan shall show the size and location of pipes, and drainage structures; overall
site grading and drainage; and the location and proposed methods of erosion
control.
3) the applicant should comply with the recommendations of Dr. Lamperis' report.
Printed for Tamara Pregl < tamarap@co.pitkin.co.us>
utici -LI
1
ATTACHMENT `f
Memo
To: Tamara Pregl
From: Aspen Fire Protection District
Subject: Parker #2643 - 203 -00 -013 P96 -00
Date: August 25, 2000
Tamara,
This project shall meet all of the codes and requirements of the Aspen Fire Protection District.
This includes but is not limited to accessibility and apparatus turnarounds, wildland fire mitigation
(these are referred to in the accompanying submittal) and the installation of an approved
residential fire sprinkler system where applicable.
Please contact me if you have any questions or concerns.
Tyiank you,
Ed
0 0CJi8
AUG.21.2000 2:21PM AS?EN HOUSING OFC NO.509 P.1
ATTACHMENT i
MEMORANDUM
TO: Tamara Pragl, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE: August 21, 2000
RE: parcel No 28 . 1
HAZARD REVIEW CARETAKER DWELLING UNIT REVIEW
r
issUfl: The applicant Is requesting approval to construct a caretaker dwelling unit.
CARETAR ew LLI O UNIT: According to Section 3 -160 -130, Caretaker Dwelling
Units, the Board of County Commissioners or the Community Development Director may
approve Caretaker Dwelling Units under the following conditions:
1. The unit does not exceed 700 square feet of floor area.
2. Total floor area of the principal and caretaker unit does not exceed the allowable
FAR.
3. One off - street parking space is provided.
4. A deed restriction is placed on the unit.
MP-NDA : staff would recommend approval as long as the following
conditions are met:
1. Conditions 1 through 4 stated above are met.
2. The kitchen contains at least a two -bumer stove with oven, standard sink, and at
least a 6 -cubic foot refrigerator plus freezer.
3. A floor plan of the caretaker dwelling unit is provided, prior to building permit
approval, showing the square footage of the unit.
4. The deed restriction shall be recorded prior to issuance of a building permit.
6. Upon completion of the unit, but prior to Certificate of Occupancy, staff will conduct
an Inspection of the unit for compliance.
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ATTACHMENT
M E M O R A N D U M
TO: Tamara Pregle, Planning
FROM: Joanna S. Schaffner, Zoning
DATE: September 8, 2000
RE: Parker 1042 Hazard Review & Ridgeline Review
Parcel ID# 2643- 203 -00 -013
I have reviewed the above referenced application and offer the
following questions and comments:
1. If approval is granted, the new resolution should state
that it replaces all previous approvals, and should list
all conditions all approval. Conditions to be forwarded
from previous approvals should be clarified /updated.
2. It appears that the existing access was not permitted by
Pitkin County. An access permit is required prior to
driveway construction and must be obtained prior to
issuance of a building permit.
3. On page 9 of the memo, the applicant states that a
structure 28 feet high will not be seen from Brush Creek
Road. The maximum allowed height to the ridge of a roof is
33 feet. Also, the method of calculating building height
has changed since 1991. I suggest that 33 foot height
poles be reviewed for compliance with Ridgeline criteria.
4. The proposed driveway should be indicated to show that it
can comply with county and fire code standards to reach the
proposed envelopes.
5. Development greater than 30 inches in height as measured
from above or below the natural grade is not permitted
within a required setback without the approval of the Board
of Adjustment. This includes driveway construction.
6. On page 3 of the application, the applicant indicates the
stockpiling of topsoil for later use. All construction
staging, including parking, construction trailer location,
and stockpiling of materials must occur within approved
building envelopes.
7. The proposed leach field appears to be located within the
40 foot access and utility corridor.
8. In staff's memo dated June 4, 1991, a dog prohibition is
recommended due to the site's close proximity to elk
calving areas. Was it intended or an oversight that this
did not become a condition?
9. I did not receive a page 2 of the COFS letter dated June 3,
1994.
10. On page 5 of the application, the applicant states that
construction shall not be initiated during the high runoff
uuCu20
period. If this becomes a condition of approval, please
specify when is the high runoff period.
11. This AFR -10 site is allowed a total of 5, 750 square feet
of residential floor area. Agricultural structures are
exempt from floor area calculations because the site
contains greater than 20 acres. Given the limited
agricultural potential of the site, and its sensitive
location, the Hearing Officer may wish to limit the floor
area allowed for agricultural structures.
12. A barn, as defined in the Land Use Code, "means a building
used to shelter or enclose livestock, poultry, feed, or
field equipment accessory to an agricultural operation ".
One might argue that this site is not suited for
agricultural operations, therefore a barn is not an
appropriate structure for this site. If the applicant
truly wishes to develop agricultural uses on this parcel,
the building envelope should be enlarged to include such
uses. Otherwise, NO development will be allowed outside of
the approved building envelopes.
13. If uses other than a barn are expected to occur within the
"Barn envelope ", for example, a cdu, then the envelope is
best labeled as "accessory" and not as "barn ".
14. It should be noted that the conditions established in the
1991 approval are based on requirements of the previous
land use code, and are not necessarily appropriate/
compliant with the 1994 Land Use Code.
u�c:J21
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• °AO"• • FOREST
SERVICE
September 18, 2000
State Sarvicaa Building
222 S. 6th St—t. Room 416
Tamara Pregl Grand Jmactioo. Colorado 81501
Colutnunity Development Department Telephva6: (970) 2487325
130 South Galena Street
Aspen, CO 81611
Re: Parker 1041 Wildfire Hazard Review
Tamara,
I looked over the application and visited the site with the owner s representative Glen Horn on
September 14th. Kelly Rogers had visited the same property in 1994. Access to the parcel will be
from a gravel road, which goes on to the radio tower. This gravel road originates from the Juniper Hill
Drive. This gravel road does not provide dual access /egress for this property. The grades are not
prohibitive. The building envelope has a north aspect with a slope in the 15-20% range. The
vegetation in the envelope is mostly scattered Gambel oak in the 2-3 foot size range where the home
will be situated. There is a proposed barn west of the house, which is in taller and denser Gambel
oak. I would rate the wildfire hazard for the house site as medium and severe where the barn will be
built. The bam could be in m lum rated fuels by moving the location to some sage just north orthe
oak patch -
In both locations (i.e., barn and house) the fuels can be easily mitigated to lower the rating and overall
My recommendations to mitigate the wildfire hazard are as follows -
1) For a distance of 15 feet around all structures establish and maintains vegetation some ire of or
less. This can be accomplished with mowed grass, low Woody plant material should not of
nonflammable mulch (e.g., rocks, pa )• be
planted here. In addition flammable material (e.g., firewood) should not be stored here -
2) For a distance of 100 feet in every direction around all structures clump and space existing oak
shrubs. The maximum diameter of all clumps owedowed remain
en sumps should be 3r er than 2 the
times the height. The cleared space (e.g ) between
height. For example, if the shrubs are 5 foot tall then the remaining dumps should have a
diameter no larger than 10 feet with spacing of 15 feet between dumps. Glen and I visited
about how best to accomplish this recommendation for the property. My recommendation
would be to annually mow, the oak (i.e., 6 inches or less) with a brush hog or similar apparatus
to maintain the correct spacing between clumps.
3) Remove the lower limbs of all shrubs up to half the total height of the plant to eliminate the
ladder fuels.
4) For a distance of 150 feet around all structures remove and deadfall.
Thank you for the opportunity to review this application and feel free to call me with any questions.
Vince Urbina
Assistant District Forester
Cc: Glen Horn
uu6i22
Davis Horn -
PLANNING & REAL ESTATE CONSULTING
July 13, 2000
Tamara Pregl
Aspen Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Parker 1041 Environmental Hazard & Ridgeline Review
Dear Tamara:
Davis Horn Incorporated represents Sierra Pacific LLC (hereinafter
"applicant ") which has contracted to acquire a metes and bounds lot
known as Aspen Ridge Tract 2, from Alexis Parker ( "owner "). This
application seeks to slightly enlarge the approved building
envelope and to establish leachfield and barn envelopes. This
letter summarizes existing land use approvals, describes the
subject site and proposed development as well as demonstrating
compliance with the relevant Pitkin County Land Use Code standards.
on June 4, 1991 the Pitkin County Planning and Zoning Commission
approved Resolution 91 -27 granting 1041 Environmental Hazard Review
approval for a single - family dwelling unit to Jacque Alexis Artel,
the prior owner (see Attachment 1). on July 23, 1991 the Board of
County Commissioners approved Resolution 91 -101 granting General
Submission and Caretaker Unit approval to the Artel application
(see Attachment 2). Pitkin County granted an extension of vested
property rights in 1994 pursuant to Resolution 94 -115.
Artel and the County Planner, Ellen Sassano established the
envelope based upon a Ridgeline Review as viewed from State Highway
82 and Brush Creek Road (see Attachment 3, P. 8: June 4, 1991 Staff
memo to the Planning and Zoning Commission) . The applicant is
seeking minor modifications to the land use approval to accommodate
a waste water disposal system, barn and caretaker dwelling unit.
SITE DESCRIPTION
This section describes the subject site.
Location
The subject site is located above Brush Creek Village Subdivision
within a parcel created as part of the Aspen Ridge Subdivision (see
Attachment 4, approved 1041 Review Site Plan for Jacques Alexis
60Cj23
ALICE DAVIS, AICP I GLENN HORN, AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180
Artel). It is bordered by the Cozy Point Ridge Subdivision to the
north, Lot 1, Aspen Ridge Subdivision to the east, the Droste's
Pioneer Springs Ranch to the south and Lot 4 Aspen Ridge
Subdivision to the west.
Size and Zoning
The subject site contains 35 acres and is zoned AFR -10.
Access
The site is accessed through Brush Creek Village Subdivision on
Juniper Hills Road. At the termination of the road, the site is
accessed by an existing non - paved, 12 to 16 foot wide dirt road
serving the subject site and four other lots in Aspen Ridge
Subdivision.
Existing Conditions & Topography
Attachment 5, site plan, depicts the subject site. The Plan shows
that the site is traversed by a gravel road which accesses three
other Aspen Ridge tracts located above the subject site. Most of
Tract 2 is a generally north facing property comprised of slopes
varying between five and 45 percent. There is a cliff located
approximately 60 feet south of the proposed building envelope. The
cliff drops to the Droste's Pioneer Springs Ranch to the south.
The previously approved building envelope is the most level portion
of the site. Attachment 6, is a topographic map depicting slopes
surrounding the barn, house, leach field and access envelopes.
The map depicts slopes in excess of 30 percent, slopes varying
between 15 and 30 percent and slopes of less than 15 percent.
Topography
The site is vegetated with sagebrush, native grasses and gambel
oak. There are a few apsen trees within the small gully located on
the north side of the site.
Wildlife
Portions of the site are mapped as critical elk winter range.
Davis Horn Incorporated located the approved building envelope with
Randy Cote of the Colorado Division of Wildlife.
PROPOSED DEVELOPMENT
Attachment 5 depicts the main, barn, access and leachfield
envelopes. The south side of the main building envelope is no
closer to the cliff than the previously approved envelope, so there
will not be any visual impact from Brush Creek Road. The main
envelope has been enlarged slightly to the north east and west.
The applicant is proposing a barn envelope to the west of the main
�UCJ24
2
envelope. The barn will not break the ridgeline from Brush Creek
Road. The applicant has worked with waste water disposal system
experts to located a suitable location for a leachfield. The
access envelope is designed to provide some flexibility in driveway
design.
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 (see Attachment 7) and listed below.
* 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, mapped
avalanche),
* Section 3 -80 -070 Wildfire,
* Section 3 -80 -080 Wildlife (mule deer and elk winter
range); and
* Section 3 -110 Improvements and Services
* 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
amendment to the building envelope.
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.
vuUJc-5
3
mn
Sections 3 -60 -040 and 050 Scenic Overlay & Scenic Quality
The building envelopes are not visible from State Highway 82. As
previously noted, the southern edge of the main building envelope
has not been relocated closer to the cliff. As noted in Attachment
5, the main building envelope has been located so a structure will
not be visible from Brush Creek Road. The barn envelope has been
located so the barn will not be visible from the road. The
applicant will erect story poles for a site visit to demonstrate
that the ridgeline will not be broken by the barn.
As indicated in the preceding section, the site shall be
revegetated with native horticultural material to blend with the
surrounding vegetation. Lighting shall comply with the lighting
standards of Section 3- 110.110. Utilities shall 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 the Piktin 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 35 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 minimize
erosion. Standard erosion control measures shall be utilized
during construction.
9
UuCi 6
v
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
The subject site is not irrigated.
Section 3- 070 -070 Irrigation Ditches
There are not any 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. The
applicant has met with Wayne Shelton of Shelton Drilling. Wayne
has drilled a successful well on the Pioneer Springs Ranch, below
the site. He speculates that water will be available by drilling
a well in the main building envelope to the level of the well in
Pioneer Springs Ranch.
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
Nick Lampiris, Ph.D. visited the site and prepared a report which
is included as Attachment 8. The applicant will adhere to
Lampiris, recommendations. A review of the site plan depicted by
Attachment 6 shows the building envelope avoids slopes of 30
percent or greater.
The pre - application summary sheet indicates the site is mapped for
avalanche danger. The site is not impacted by avalanches in any
way.
5
uuC��7
Section 3 -80 -070 Wildfire Areas
The subject site is mapped as a wildfire hazard area. Kelly Rogers
of the Colorado State Forest Service has visited the site and
prepared a report which is included as Attachment 9.
The applicant will comply with the reasonable recommendations of
the Colorado State Forest Service.
Section 3 -80 -080 Wildlife Areas: Mapped Elk Critical Habitat and
Elk Production Area
Although the subject site is in a mapped elk habitat area, Randy
Cote visited the site in 1991 and assisted the owner in selecting
the building envelope. Neither the Division of Wildlife or the
County Wildlife Biologist have reviewed the barn envelope.
Improvements and Services
Section 3 -110
The subject site will be provided with water service either by an
individual water well, private water system or connection to the
City of Aspen water system. Waste water disposal will be provided
by a individual waste water disposal system. All utilities will be
placed underground. All parking will be provided on site.
Caretaker Dwelling Unit
Section 3- 150.130 B.
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
5
UUC��3
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 agrees to comply with the preceding Code standards.
Summary
This application requests approvals for Aspen Ridge tract 2. This
letter and the attachments have demonstrated compliance with the
Land Use Code standards identified in the Pre - Application meeting
with Tamara Pregl
The following attachments are included:
1. Pitkin County Planning and Zoning Commission Resolution
91 -27 granting 1041 Environmental Hazard Review approval
for a single - family dwelling unit to Jacque Alexis Artel
2. Board of County Commissioners approved Resolution 91 -101
granting General Submission and Caretaker Unit approval
to the Artel application
3. June 4, 1991 Staff memo to the Planning and Zoning
Commission regarding the Jacques Alexis Artel land use
application
4. Approved 1041 Review Site Plan for Jacques Alexis Artel
5. Proposed Alexis Parker 1041 Hazard Review Map
6. Proposed Alexis Parker 1041 Hazard Review Map:Slope
Analysis
7. Pitkin County Pre - Application Summary Sheet
8. December 5, 1990 letter from Nick Lampiris, Ph.D.
addressing site geology
9. June 3, 1994 letter from Kelly Rogers of the Colorado
State Forest Service
10. Fee Agreement
11. Letter from Alexis Parker authorizing John V. Olson of
Sierra Pacific LLC to Pursue land use approvals
12. Letter from John V. Olson authorizing Davis Horn
Incorporated to Submit Application.
7
OUCU2%
M
13. Proof of Ownership (submitted separately)
14. List of Adjacent Property Owners (submitted separately)
Please contact me if you would like additional information or would
like clarifications.
Sincerely,
DAVIS HORN INCORPORATED
L —
GLENN HORN AICP
Olson
0
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�- 3822 11/22/91 16:1,
Rec S, ATi
Si via Davis, Pitkin Cnt BK 66� PG 777 NT
y Clerk, Doc *,pd
RESOLUTION OF THE PLANNING AND ZONING COMMISSION
OF PITRIN COUNTY, COLORADO, RECOMMENDING GENERAL SUBMISSION
APPROVAL TO THE BOARD OF COUNTY COMMISSIONERS AND
GRANTING 1041 ENVIRONMENTAL HAZARD REVIEW APPROVAL
TO THE JACQUES ALEXIS ARTEL APPLICATION
Resolution No. 91-
WHEREAS, Jacques Alexis Artel, hereinafter "Applicant ", has
applied to the Planning and Zoning Commission of Pitkin County,
Colorado, hereinafter "Commission ", for 1041 Environmental Hazard
Review approval for the construction of a single - family residence
containing a caretaker unit on a metes and bound parcel pursuant
to Sections 5 -400 of the Pitkin County Land Use Code; and
WHEREAS, the applicant's parcel is zoned AF -1, contains
approximately 35 acres and, due to the presence of geologic and
wildfire hazards and wildlife habitat, is located within an area
of Local and State Interest pursuant to Section 5 -400 of the Pitkin
County Land Use Code, hereinafter referred to as "the Code "; and
WHEREAS, the applicant's parcel is also located within the
Scenic Overlay District and must comply with the regulations of
Section 3 -1.13 of the Code; and
WHEREAS, said parcel is located above the Brush Creek Village
Subdivision within a parcel created as part of the Aspen Ridge
Subdivision, and is bordered by the Cozy Point Ridge Subdivision
to the east, the Droste Pioneer Springs Ranch Subdivision to the
south and Lot 4 Aspen Ridge Subdivision to the West; and
ouci3i
#3381: 11/2'/91 16:15 Rec $.Ooi ' 662 PG 778
Silvia Davis, Pitkin Cnty Clerk., Occ $.00
Resolution No. PZ -94- o�
Page 2
WHEREAS, the Commission heard the application at a duly
noticed public hearing at their regularly scheduled meeting on June
4, 1991 at which time evidence and testimony were presented with
respect to this application; and
WHEREAS, the Aspen - Pitkin Planning Office staff visited the
site on two occasions to determine if on -site development will meet
the Code criteria for a Scenic Overlay review Planning Director
Sign -off pursuant to Section 3 -1.13 D. of the Code;
WHEREAS, the Aspen - Pitkin Planning Office Staff and the
Planning Director did find that if on -site development is limited
to within the designated building envelope that development cannot
be seen from the designated corridors as defined in Section 3 -1.13
(B)(1); and
WHEREAS, the Planning Director has approved the development
of the subject site in accordance with Section 3 -1.13 (D)(1)(a) of
the Code provided that all structures are located within the
building envelope designated on the Jacques Alexis Artel 1041
Environmental Hazard Review Site Plan as recorded with the Pitkin
County Clerk and Recorder; and
WHEREAS, the Commission reviewed the application for
compliance with the Building Permit /General Submission review
criteria pursuant to Section 18 -2.3 of the Code and recommended
that the Board of County Commissioners grant General Submission
approval; and
WHEREAS, the Commission finds that the Applicant has complied
with the criteria for development within an Area of Local and State
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Silvia ._vis, Fitkin Cnty Clerk, Dc._ $.00
Resolution No. PZ -90 -gf
Page 3
Interest in accordance with Sections 5 -401, 5 -403 and 5 -404 of the
Code;
NOW, THEREFORE, BE IT RESOLVED by the Commission that it does
hereby recommend General Submission approval to the Board.
BE IT FURTHER RESOLVED that the Commission grants 1041
Environmental Hazard Review approval to the Jacques Alexis Artel
application subject to the following conditions:
GEOLOGIC
1. The applicant shall abide by recommendations made by Nick
Lampiris in his letter of December 5, 1990. They are as
follows:
a. Soils engineering studies shall be performed prior to
issuance of a building permit to insure proper foundation
design by a structural engineer on the mancos derived
soils on site.
b. The building envelope shall be set back at least 60 feet
from the cliff on the south side of the site.
WILDFIRE
2. The following wildfire mitigation measures shall be adhered
to and shall be place as conditions of approval on the 1041
Site Plan:
a. Roof coverings shall be of a non - combustible Underwriter
Laboratory approved material.
b. Brush and debris shall be kept at least ten feet away
from the base of the home. Dead branches, stumps and
other potential fuels will be removed for a distance of
at least 30 feet from all proposed structures.
c. Stack firewood uphill or on a contour away from
buildings. Keep fire fuels away from stacked wood.
d. Place at least one 10 -pound ABC -class fire extinguisher
in each structure. A 50 -foot garden hose connected to
the hot water heater drain is useful in a fire emergency
inside the house.
e. Power and utility lines shall be installed underground.
Ir.1:13
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Silvia Davis, Pitkin Cnty Clerk., Doc $.00
Resolution No. PZ -90 -`0S-'/1
Page 4
f. A water storage tank shall be installed on site for fire
protection. Design, location and capacity for tank shall
be approved by the Fire Marshall prior to issuance of a
building permit.
g. The driveway shall be improved to meet County Driveway
standards. Driveway design shall be reviewed and
approved by the County Engineer prior to issuance of an
access or building permit.
h. Access to the site shall comply with the fire apparatus
access road standards pursuant to Section 10.207 of the
Uniform Fire Code.
WILDLIFE
3. Development impacts on wildlife shall be mitigated as follows
and shall be placed as conditions of approval on the 1041 Site
Plan:
a. Maintain native vegetation outside building envelope.
b. Dogs shall be prohibited.
c. Fencing shall comply with Division of Wildlife standards
and shall be limited to the building envelope area.
d. Prior to issuance of a building permit, a building
envelope for a leach field and associated piping shall
be approved by the Planning Department and the Division
of Wildlife. In the event that the applicant and the
Planning Department cannot reach agreement on the
location of this envelope, the envelope location shall
be finally determined by the Planning Commission.
GENERAL SUBMISSION
1. The applicant shall revegetate areas disturbed by construction
within one growing season of construction.
2. The septic system designed for the site shall be reviewed and
approved by the Environmental Health Department prior to
issuance of a building permit.
3. Prior to signature of the General submission Resolution by the
Board Chairman the applicant shall provide evidence that the
water well on site yields a sufficient quantity of water and
satisfactory quality to provide for a primary residence and
caretaker unit. Water well yield and water quality shall be
UUCJ34
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Silvia W�vis, Pitkin Cnty Clerk.,
Resolution No. PZ -9¢- "
Page 5
reviewed and approved by the Environmental Health Department
prior to issuance of a building permit.
4. The applicant shall apply for and receive an access permit
from the County Engineer prior to issuance of a building
permit. The driveway shall be constructed to meet County
driveway standards. The County Engineer shall review the need
for culverting associated with the proposed driveway.
5. Mitigation of potential drainage problems shall be addressed
as follows:
a. Residential construction should include a perimeter
foundation drainage system to direct drainage around the
structure; and
b. Any additional runoff created by the parcel's development
should be directed to a drywell or other collection point
for natural percolation into the surrounding subsurface.
6. The applicant shall join a road improvement district for
improvements to and /or maintenance of the Aspen Ridge
Subdivision Road, in the event that such a district is formed.
7. The applicant shall provide documentation of a maintenance and
improvement agreement with the Brush Creek Village Road
Improvement District prior to signature of the General
Submission Resolution by the Board Chairman.
8. The applicant shall comply with County Air Quality standards
for woodburning devices in effect at the time of issuance of
a building permit.
9. All utilities shall be extended underground along the access
road alignment.
10. The applicant shall prepare a site plan for recordation which
meets the approval of the Planning Department and the County
Attorney.
11
1991.
6JCJ315
All material representations made in the public hearing and
in the application shall be adhered to.
APPROVED by the Commission at its regular meeting on June 4,
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Silvia Da s, Pitkin Cnty Clerk, Doc .00
Resolution No. PZ -94- 'e
Page 6
ATTEST:
a Q ZAZ��
Deborah Skeehan,
Administrative Assistant
APPROVED AS TO FORM:
reso artel -pz
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PITKIN COUNTY PLANNING AND
ZONING COMMISSIOA
BY
Jim R"eser, Chairman
APPROVED AS TO CONTENT:
5UL6, p G IBY14 &--
Su Konc n,
Planning Director
#338822 11/22/91 16:15 Rec $.00 SK 662 PG 783
Silvia Davis, Pitkin Cnty Clerk, Doc $ -00
EXHIBIT "A"
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 Southwest corner of said
Section 20 bears S. 80 degrees 32 minutes 18 seconds W. 2875.32
feet.; thence West 1797.88 feet: thence North, 848.00 feet;
thence East, 1797.88 feet; thence South 848.00 feet to the
point of beginning.
County of Pitkin, State of Colorado
uUcJjl
4337834 10 /CS /?q„ito: 14 Rec 3.(.)0 BI'. 660 F'S or
9iivin Dais, F': in Cn *_y Clerk, Doc s.00 ATTAr+:
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITRIN COUNTY, COLORADO GRANTING GENERAL SUBMISSION AND CARETAKER
UNIT APPROVAL TO THE ARTEL APPLICATION
Resolution No. 91- ,
WHEREAS, Jacques Alexis Artel, hereinafter "Applicant ", has
applied to the Board of County Commissioners of Pitkin County,
Colorado, hereinafter "Board ", for General Submission approval for
the construction of a single - family residence containing a
caretaker unit on a metes and bounds parcel, pursuant to Sections
6 -3 and 3 -8.13 of the Pitkin County Land Use Code; and
WHEREAS, the Applicant's parcel is zoned AF -1 and contains
approximately 35 acres; and
(� WHEREAS, said parcel is located above the Brush Creek Village
`✓ Subdivision within a parcel created as part of the Aspen Ridge
Subdivision, and is bordered by the Cozy Point Ridge Subdivision
to the east, the Droste Pioneer Springs Ranch Subdivision to the
south and Lot 4 Aspen Ridge Subdivision to the West; and
WHEREAS, the Planning and Zoning Commission heard the
application at their regularly scheduled meeting on June 4, 1991,
at which time they approved a 1041 Hazard Review and recommended
approval of the General Submission; and
C
WHEREAS, the Board heard this application at their regularly
scheduled meeting on July 23, 1991, at which time evidence and
testimony was presented with respect to this application; and
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'P1 `r rn y Clerk.'eo` ..�
8i via, Dail=
Resolution No. 91 -2.�)z
Page 2
WHEREAS, the Board finds that the Applicants have complied
with General Submission and caretaker unit criteria, pursuant to
Sections 6 -3 and 3 -8.13 of the Land Use Code; and
NOW, THEREFORE, BE IT RESOLVED by the Board that it does
hereby grant General Submission and caretaker unit approval to the
Artel application subject to the following conditions:
GENERAL SUBMISSION:
1. The applicant shall revegetate areas disturbed by construction
within one growing season of construction.
2. The septic system designed for the site shall be reviewed and
approved by the Environmental Health Department prior to
issuance of a building permit.
3. Prior to issuance of a building permit, a building envelope
for a leach field and associated piping shall be approved by
( the Planning Department and the Division of Wildlife. In the
event that the applicant and the Planning Department cannot
reach agreement on the location of this envelope, the envelope
location shall be finally determined by the Planning
Commission.
4. Prior to the issuance of any building, excavation and /or
foundation permits, the applicant shall provide evidence that
the water well on site yields a sufficient quantity of water
and satisfactory quality to provide for a primary residence
and caretaker unit. Water well yield and water quality shall
be reviewed and approved by the Environmental Health
Department prior to issuance of a building permit.
5. The applicant shall apply for and receive an access permit
from the County Engineer prior to issuance of a building
permit. The driveway shall be constructed to meet County
driveway standards. The County Engineer shall review the need
for culverting associated with the proposed driveway.
6. Mitigation of potential drainage problems shall be addressed
as follows:
a. Residential construction should include a perimeter
foundation drainage system to direct drainage around the
structure; and
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Mid ia. Davis,
Resolution No. 91- Z I
Page 3
b. Any additional runoff created by the parcel's development
should be directed to a drywell or other collection point
for natural percolation into the surrounding subsurface.
7. The applicant shall join a road improvement district for
improvements to and /or maintenance of the Aspen Ridge
Subdivision Road, in the event that such a district is formed.
8. The applicant shall petition and agree to join the Brush Creek
Village Road Improvement District and pay ongoing and current
pro -rata unit costs for annual maintenance as provided by
statute, provided there shall be equal treatment of
maintenance costs within the agreement.
9. The applicant shall comply with County Air Quality standards
for woodburning devices in effect at the time of issuance of
a building permit.
10. All utilities shall be extended underground along the access
road alignment.
11. Prior to issuance of a building permit the applicant shall
record a deed restriction for resident occupancy of the
attached caretaker unit. The deed restriction shall be
approved by the Housing Authority. Size of the caretaker unit
may be that which is allowed by the County Land Use Code in
effect at the time of issuance of a building permit.
12. The applicant shall prepare a site plan for recordation which
meets the approval of the Planning Department and the County
Attorney.
13. All material representations made in the public hearing and
in the application shall be adhered to.
APPROVED by the Board of County Commissioners at its regular
meeting on July 23, 1991.
uuCu4O
Resolution No. 91-Z/Z/
Page 4
1
e Jones /'
County ,Clerk
APPROVED AS TO FORM:
_c
Timothy E. sitt,
County orney
' RESO ARTEL BOCC
#337834 10/28/91 16:14 Rec
Silvia Davis, Pitkin Cnty
UUCJ .
BOARD OF COUNTY COMMISSIONERS
OF PIT IN COUNTY, COLORADO
By
Wayne thridge, Ch irman
Date g- t/5 .q
APPROVED AS TO CONTENT:
AmY ge
ump
Plainiing 3Trector
$.00 Hf 660 PS 83
Clerk, Dac $.00
SCHEOUL.E A
PROPERTY DESCRIPTION
ORDER NO: 00017902
Artel General Submission
EXHIBIT "A"
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 wnence the Southwest corner of said
Section 20 bears S. 80 degrees 32 minutes 18 seconds W. 2875.32
feet; thence West 1797.88 feet; thence North, 848.00 feet;
thence East, 1797.88 feet; thence South 848.00 feet to the
point of beginning.
County of Pitkin, State of Colorado
n
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#337834 10/28/91 16:14 Rec $.00 SK 660 F6 84
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
M:
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ATrACHMENT 3 "' ATTACHMENT
Pitkin County Planning and Zoning Commission
Ellen Sassano, Planner
Artel 1041 Hazard Review, General Submission, Scenic
Overlay Review for Ridgeline Development and Caretaker
Unit Review
DATE: June 4, 1991,
REQUEST: The applicant proposes to construct a single family
residence with an attached caretaker unit on a 35 acre parcel
located above the Brush Creek Village Subdivision, within a
parcel created as part of the Aspen Ridge Subdivision.
Specifically, the applicant is requesting the following:
1. General Submission Review pursuant to Section 6 -3 of the
Code;
2. Geologic, Wildfire and Wildlife Environmental Hazard Review
pursuant to Section 5 -400 of the Code;
3. Scenic Overlay Review / Ridgeline Development pursuant to
Section 3 -1.13
4. Approval of a caretaker unit, pursuant to Section 3- 8.13(a)
of the Code;
APPLICANT: Jacques Alexis Artel
APPLICANT'S REPRESENTATIVE: Glenn Horn
LOCATION: The property is located above the Brush Creek Village
Subdivision within a parcel created as part of the Aspen Ridge
Subdivision. It is bordered by the Cozy Point Ridge Subdivision
to the east, the Droste's Pioneer Springs Ranch to the south and
Lot 4 Aspen Ridge Subdivision to the west.
ZONING: The site is approximately 35 acres in size and is zoned
AF -1.
ACCESS: The site is accessed through Brush Creek Village
Subdivision on Juniper Hills Road. At termination of the road,
the site is accessed via an existing non - paved, 12 foot wide
driveway that serves the subject site and four other lots in the
Aspen Ridge Subdivision.
WATER: The applicant proposes to drill an on site well to
provide water for domestic use.
SEWER: A septic system is proposed for the property.
REFERRAL AGENCY COMMENTS:
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°.a
1. County Land Use Engineer- Tom Newland submitted the following
comments in a memo dated April 2, 1991 (attachment 1):
INTERNAL ROAD SYSTEM: Being that this subdivision is seeing
incremental development, and this access road now serves four
residences, we believe that this road may need improvement. In
the Pitkin County Road Standards and Specifications Section 2.25
says:
Driveways serving 4 to 8 residential or agricultural uses
may be of one -lane construction provide that:
1. Said construction conforms to the design parameters for
one -lane roads set forth in Section 2.10 Number of
lanes;
2. are designed by a registered professional engineer.
3. are recommended for approval by the County Public
Works/ Engineering Office and are approved by the
Planning and Zoning Commission and the Board of County
Commissioners through the land use revisions process.
IMPACTS ON COUNTY ROADS: There will not be significant impacts
on Juniper Hills Road, a County road.
DRAINAGE: The recommendations of Bob Daniel, Jr. should be
followed.
2. Environmental Health Department- submitted the following
comments in a memo dated March 24, 1991 (attachment 2):
SEWAGE TREATMENT AND COLLECTION: Sections 2 -7 and 5 -200:
The application indicates that the means of wastewater disposal
will be individual, on -site sewage disposal system and according
to the application "... will comply with County regulations."
From our evaluation of the home site, the general Soil
Conservation Service conditions are reported as having severe
limitations for septic tank - absorption systems, and generally are
not considered suitable for most conventional -type systems.
The building site is located in an area classified by the Soil
Conservation Service as Soil Types RLE and 46E. The first of
these, to the south side of the lot, RLE, is described as a
shale bedrock formation which is exposed and outcrops to the
southerly portion of the ridge in the area of the building site.
This type of material always presents severe problems and should
not be considered for the construction of any sewage disposal
system.
OA
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The second soil type grading to the north and east, 46E, is
characterized as a loam grading to a silty clay loam between 5
and 40 inches. Bedrock is usually below 40 inches deep.
Typically such types of soil are very slowly permeable and have a
high shrink -swell potential. This soil usually presents some
problems for standard septic system construction due to
permeability and steeper slope.
The soil descriptions are confirmed by the observations of
Nicholas Lampiris, consulting geologist, as submitted in the
attached letter of December 5, 1990. In that letter Mr. Lampiris
indicated that waste disposal with a septic tank and leach field
might be possible in the area "...where the soil cover is thick
enough ". This conclusion, however, was qualified by indicating
that often Mancos- derived soils do not yield adequate percolation
rates and that the depth to bedrock may not be sufficient. He
indicates that a mound system may then have to be used. Bob
Daniel, in his letter of January 21, 1991, based on his site
visit concludes that an engineered system can be designed for
this property.
Our department's observations on the building envelope for the
35 -acre tract confirm the slowly permeable soils and shallow
bedrock. An expensive engineered system may be required in order
to conform to County requirements. However, while it is our
opinion that in these geologic conditions, the County regulation
would likely require an on -site waste water system designed
specifically for this site by a registered engineer, such a
system can be developed to conform to County requirements on the
shallower slopes and deeper soils to the northeast part of the
tract.
ADEOUATE PROVISIONS FOR WATER NEEDS: Sections 2 -6 and 5 -205:
water is to be supplied from a well to be constructed on the
property. A household use well, as proposed, has a maximum
pumping rate of 15 gallons per minute. The Lampiris letter
indicates that it should be possible to develop a well at an
"unknown" depth. Typically, however, adjacent wells vary between
200 and 600 feet in order to provide a satisfactory source for
drinking water.
We concur with the geologist's and the engineer's conclusions
that a well is possible on the property. However, a test well in
the building area is the only means of verifying quantity and
quality. The applicant should be prepared to provide treatment
of non - mandatory chemical parameters such as sulfates or iron,
typically present in heavy concentrations in the groundwater of
the shale formations of this area. Due to the problems of wells
in Mancos shale formations, we recommend that a test well be
developed and checked before the water is placed into use.
c3
UUU,i4
Additionally, because of the possibility of a low well yield
areas of Mancos Shale, and a well permit which might only perms
a maximum pumping rate of 15 gallons per minute, we would suggest
that the drinking water supply system be designed to include a
minimum of 1000 gallons of storage for the residence and
caretaker unit. The provision of these cisterns will ensure
adequate supplies during periods of peak household usage.
AIR QUALITY: Sections 2 -17 and 5 -106:
Approval should be conditioned on the employee unit being
attached and not detached (since this halves the number of
fireplaces and woodstoves allowed).
The applicant should install compact fluorescent lights which
reduce air pollution. It takes more energy to power an
incandescent bulb than a fluorescent bulb. Therefore, carbon
dioxide and sulfur dioxide pollution is reduced at the point of
power generation by many pounds over lifetime of the bulbs. This
is especially true given the large size of the house for which
approval is being sought.
3. County Attorney- The County Attorney has reviewed the case
and is satisfied that the parcel was created legally and that no
merger has occurred.
4. Aspen Fire District - In a memo dated March 4, 1991, Wayne
Vandemark made the following comments:
Water shall be provided per Section 10.301(C) 1988
Uniform Fire Code. Also, Section 10.207, fire
apparatus access roads shall be complied with.
5. Division of Wildlife- Written comments from the Division of
Wildlife will be available at the meeting.
The applicant is proposing to construct a single family home with
an attached caretaker unit. The parcel is approximately 35 acres
in size and is currently vacant. The site is encumbered by
wildlife habitat, wildfire, and geologic hazards. It is also
located within a mapped ridgeline area.
Section 5 -401 Geologic Hazards- The site contains mancos shale
soils and slopes which exceed 30% in grade. The building
envelope is located on slopes of approximately 16 to 17 percent.
Nicholas Lampiris, consulting geologist, submitted the following
recommendations in a letter dated December 5, 1990 (attachment 4)
regarding the geologic hazards on the property.
U JuJ4�
1. soils engineering studies should be performed prior to
issuance of a building permit to insure proper
foundation design by a structural engineer on the
mancos derived soils on this gentle slope, although the
soil cover is very thin to absent.
2. The building envelope should be setback at least 60
feet from the cliff on the south side of the site.
The applicant agrees to comply with Dr. Lampiris's recommended
- mitigation procedures. Given compliance, geologic hazards can be
mitigated.
Section 5 -404 Wildlife Hazards- The property contains mapped
deer and elk normal and critical winter ranges.
The applicant has worked with Randy Cote in locating the building
site to have a minimal impact on habitat in the area. It is
recommended that fencing comply with Division of Wildlife
standards and be limited to the building envelope area. The site
is primarily vegetated with scrub oak and sage. It is recommended
that existing vegetation be maintained outside of the building
envelope and that a minimum of disruption be allowed to occur
within the envelope. It is recommended that dogs be prohibited,
aU_ ..;f�,t� ". '4 nity to o_1]�ralvinn areas.
Development impacts on wildlife habitat can be mitigated, given
compliance with recommended measures.
Section 5 -403 Wildfire Hazards- The property is located within
a mapped severe wildfire hazard area.
The fire marshal indicates that the applicant will be required to
provide adequate fire flow and access to the site for fire
apparatus. It is recommended that the applicant be required to
provide water storage on site to accommodate fire flow. Storage
tank location and capacity should be approved by the fire marshal
prior to issuance of a building permit.
Staff recommends the following mitigation techniques in addition
to those already discussed, as a means of further protecting the
area from an occurrence of wildfire:
a) Roof coverings shall be of a non - combustible Underwriter
Laboratory approved material.
b) Brush and debris shall be kept at least ten feet away
from the base of the home; Dead branches, stumps and other
potential fuels will be removed for a distance of at least
30 feet from all proposed structures.
5
UUCi,;
C) Stack firewood uphill or on a contour away f
buildings. Keep fire fuels away from stacked wood. ro
d) Place at least one 10 -pound ABC -class fore extinguisher
in each structure. A 50 -foot garden hose connected to the
hot water heater drain is useful in a fire emergency inside
the house.
e) Power and utility lines shall be installed underground.
The applicant agrees to abide by recommendations made by Staff
and the Fire District in order to mitigate wildfire hazard in the
area.
1041 Summary
Wildfire and geologic and wildlife hazards on site can be
mitigated given compliance with recommended procedures.
Section 6 -3 General Submission
Pertinent Policies and Regulations of the Land Use Code which
have not already been addressed are discussed below.
Sections 2 -5, 2 -11 and 5 -101, 5 -102 Drainage and Erosion -
According to a report prepared by Bob Daniel, consulting
engineer, the drainage pattern of the site is south to
north. At the northeast edge of the property there is a dry
creek channel (gully) which is already culverted. An
additional culvert may need to be placed under the proposed
driveway. That determination will be made by the County
Engineer at the time an access permit is issued. Due to the
relatively gentle slope of the site, extensive measures to
mitigate erosion during construction are not necessary.
However, it is recommended that revegetation of areas
disturbed by construction occur within one growing season of
construction.
Mr. Daniel recommends the following measures to provide
mitigation of potential drainage problems:
1. Residential construction should include a perimeter
foundation drainage system to direct drainage around
the structure; and
2. Any additional runoff created by the parcel's
development should be directed to a drywell or other
collection point for natural percolation into the
surrounding subsurface.
Sections 2 -16 and 5 -105 Scenic Quality- The building
envelope and access road have been located such that they
6
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V J
are not visible from Brush Creek Road or Highway 82. The
site is subject to Scenic Overlay review. This review is
detailed later in this memo.
Section 2 -6 and 5 -205 Adequate Provision for Water Needs -
The applicant proposes use of a well to provide water for
domestic water supply for the proposed residence and
caretaker unit. The Division of Water Resources (DWR)
indicates that, in the event that an evaporative system is
required to accommodate wastewater disposal on site, a well
permit may not be issued. Wright Water Engineers have
reviewed the potential of developing a well on site. It is
their opinion that it should be possible to develop a
reliable water supply. Nick Lampiris indicates that the
site is underlain by Mancos Shale. Bill Loorah, consulting
water engineer, indicates that mancos wells can produce
large amounts of water, but have a limited amount of
recharge. He recommends that any well on the site be
evaluated and tested. Quantity and quality of the well water
shall be reviewed and approved by the Environmental Health
Department prior to issuance of a building permit.
It is re=mme apacity -of- at least
2 , 000 gallons- -be- placed -oar- ire protection.
Sections 2 -7 and 5 -200 Sewage Treatment and Collection- The
applicant proposes to install an individual waste water
treatment system, the design and location of which shall be
approved by the Environmental Health Department prior to
issuance of a building permit. In the event that a suitable
location for a leach field cannot be located, due to minimal
depth to bedrock, a mound system may have to be utilized.
The applicant will make every effort to find a suitable
location for a leach field, as an evaporative system may
preclude their ability to obtain a well permit, per DWR
comments.
Sections 2 -8 and 5 -201 Impact on the Road System- The
County Engineer has determined that the addition of a single
family residence and caretaker unit will have insignificant
impacts to traffic on Juniper Hills Road. Juniper Hills Road
is a County Road which is maintained by the Brush Creek
Landowners Association. The applicant has contacted the
BOLA to inquire about participating on an equitable basis to
maintain public roads within the Brush Creek Subdivision.
The applicant is working with the BOLA to negotiate a road
maintenance agreement and anticipates having a signed
agreement prior to the Planning Commission meeting.
Sections 2 -9 and 5 -202 Road Design and Construction- Bob
Daniel, consulting engineer, has reviewed the proposed
driveway alignment and indicated that it will comply with
7
UUCJ4, 1)
County driveway standards, specifically in terms of grad
The driveway location was selected to minimize the cut slop
to the access road. It is Daniel's opinion that there is
adequate site distance at the intersection of the access
road and the driveway.
In his referral memo, the County Engineer indicates that the
Aspen Ridge Subdivision road is subject to incremental
development which may trigger the need for improvement to
the road. He notes that the road serves four residences.
Driveways serving 4 to 8 residences are subject to a
specific County road standard which Mr. Newland cites in his
memo. However Staff notes that there are currently less than
four residences being served by the road. It is recommended
that the applicant be required to pay a pro -rata share in a
road improvement district in the event that one is formed.
The applicant agrees to improve the proposed driveway to
meet County standards as stipulated by the County Engineer
at the time of issuance of an access permit.
Sections 2 -10 and 5 -203 Logical Extension of Utilities -
Utilities are available in the existing access road. It is
recommended that utilities be extended underground to the
residence along the driveway alignment.
Section 5 -106- The applicant agrees to comply with County
Air Quality standards for woodburning devices in effect at
the time of issuance of a building permit.
General Submission Summary:
Overall, the application complies with General Submission
criteria.
Section 3 -8.13 - Caretaker Unit
The applicant proposes to construct a caretaker unit attached to
the primary residence. The Board of County Commissioners will
review the caretaker unit proposal, pursuant to Section 3 -8.13 of
the Code.
In general, it appears that the application meets the criteria
for an attached caretaker unit pursuant to Section 3 -8.13 of the
Code.
Section 3 -1.13 - Scenic Overlay Review for Ridgeline Development
Board of County Commissioners Ordinance 90 -07 amended Section 3-
1.13 of the Land Use Code to require development proposed on
ridgelines to comply with the standards in Section 3 -1.13 E. of
the Code. The site encompasses a mapped ridgeline which is
M
uucJ5O
0
visible approximately one mile to the east from Brush Creek Road
at the entrance to the Pioneer Springs Ranch. However, the
building envelope qualifies for a Planning Director signoff
pursuant to Sections 3 -1.13 D.(a)(b) of the Code because:
1. A 28 foot high building within the designated building
envelope will not be seen from Brush Creek Road; and
2. Proposed development will not break a ridgeline.
Staff recommends that all development, with the exception of the
driveway and utility installation, be limited to the building
envelope designated on the site plan. The building envelope
shall be set back a minimum of 60 feet from the cliff edge and
building height shall not exceed 28 feet (including roof peak).
It is recommended that the Planning Director approve the request
subject to these conditions.
RECOMUMATION:
Staff recommends that the Commission approve the 1041 Review and
recommend approval of the General Submission to the Board of
County Commissioners. Recommendations are subject to the
following conditions:
GEOLOGIC:
1. The applicant shall abide by recommendations made by Nick
Lampiris in his letter of December 5, 1990. They are as
follows:
a. Soils engineering studies shall be performed prior to
issuance of a building permit to insure proper
foundation design by a structural engineer on the
mancos derived soils on site.
b. The building envelope shall be set back at least 60
feet from the cliff on the south side of the site.
WILDFIRE:
2. The following wildfire mitigation measures shall be adhered
to and shall be placed as conditions of approval on the 1041
Site Plan:
a) Roof coverings shall be of a non - combustible Underwriter
Laboratory approved material.
b) Brush and debris shall be kept at least ten feet away
from the base of the home. Dead branches, stumps and other
potential fuels will be removed for a distance of at least
30 feet from all proposed structures.
9
iiULJJ1
C) Stack firewood uphill or on a contour away
buildings. Keep fire fuels away from stacked wood.
d) Place at least one 10 -pound ABC -class fore extinguisher
in each structure. A 50 -foot garden hose connected to the
hot water heater drain is useful in a fire emergency inside
the house.
e) Power and utility lines shall be installed underground.
f) A water storage tank shall be installed on site for fire
Protection. Design, location and capacity of tank shall be
approved by the Fire Marshal prior to issuance of a building
permit.
g) The driveway shall be improved to meet County driveway
standards. Driveway design shall be reviewed and approved by
the County Engineer prior to issuance of an access or
building permit.
h) Access to the site shall comply with the Uniform Fire
Code for fire apparatus access roads pursuant to Section
10.207 of said Code.
WILDLIFE:
3. Development impacts on wildlife shall be mitigated as
follows, and shall be placed as conditions of approval on
the 1041 Site Plan:
a. Maintain native vegetation outside building envelope.
b. Dogs shall be prohibited.
C. Fencing shall comply with Division of Wildlife
standards and shall be limited to the building envelope
area.
SCENIC OVERLAY FOR RIDGEL.INE DEVEL.OPM12rr:
c`; \ v 4. All development with the exception of the driveway and
utility installation, shall be limited to the building
envelope designated on the site plan. The building envelope
shall be set back a minimum of 60 feet from the cliff edge
and building height shall not exceed 28 feet, (including
roof peak).
GENERAL SUBMISSION:
5. The applicant shall revegetate areas disturbed by
construction within one growing season of construction.
10
UUCj 'j2
6
7
v wit
The septic system designed for the site shall be reviewed
and approved by the Environmental Health Department prior to
issuance of a building permit.
Prior to issuance of a building permit the applicant shall
provide evidence that the water well on site yields a
sufficient quantity of water and satisfactory quality to
provide for a primary residence and caretaker unit. Water
well yield and water quality shall be reviewed and approved
by the Environmental Health Department prior to issuance of
a building permit.
B. The applicant shall apply for and receive an access permit
from the County Engineer prior to issuance of a building
permit. The driveway shall be constructed to meet County
driveway standards. The County Engineer shall review the
need for culverting associated with the proposed driveway.
9. Mitigation of potential drainage problems shall be addressed
as follows:
a. Residential construction should include a perimeter
foundation drainage system to direct drainage around
the structure; and
b. Any additional runoff created by the parcel's
development should be directed to a drywell or other
collection point for natural percolation into the
surrounding subsurface.
10. The applicant shall join a road improvement district for
improvements to and /or maintenance of the Aspen Ridge
Subdivision Road, in the event that such a district is
formed.
11. The applicant shall comply with County Air Quality standards
for woodburning devices in effect at the time of issuance of
a building permit.
12. All utilities shall be extended underground along the access
road alignment.
13. The applicant shall prepare a site plan for recordation
which meets the approval of the Planning Department and the
County Attorney.
14. All material representations made in the public hearing and
in the application shall be adhered to.
.`5�
MEMO_ARTEL_1041
11
°uuCiD
0
04/ HAZARD REV S /TE PLAN FOR JACQUES ALEXIS ti' RTEL
ATrmmENT�,_.__ ..
PITKIN COUNTY, COLORADO
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ALEXIS PARKER 1041 HAZARD REVIEW MAP
FORMERLY RECORDED AS '1041 HAZARD REVIEW SITE PLAN FOR
JACOUES ALEXIS ARTEL' IN PLAT BOOK 27 AT PAGE 79
COZY POINT RANCH
/// LI6IE��a« R6.ID
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LEGAL DESCRIPTION
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TRACT NO. I
COMMUNITY DEVELOPMENT
APPROVAL
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ASPEN SURVEY ENGINEERS. INC.
210 S. «LM STREET
O... }SW
ARP«. MO. 61611
PNdE /FAY I'M 025 -A16
IIM NO N22. JLtT 12. 26W
ALEXIS PARKER 1041 HAZA14D REVIEW MAP
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T . A�'T
PI t KIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY
PR("FCT: Parker 1041 HetrarA Review, Conceptual Submission, Ridgeline Review and Special Review tm a CDU
LOCATION: The property is referred to as Lot 2, Aspen Ridge Subdivision (PID #2643- 203- 00.OI3)
APPLICANT; Alexis Parker
REPRESENTATIVE: Glenn Hom PHONE/TAX: PHONC/FAX :925 - 65871925 -5180
DATE; July 13, 2000 PLANNER: Tamara Pregl, 920 -5103
Type of Application: 1041 hazard Review, Conceptual Submission, Ridgeline Review and Special Review
Description of ProjecUDevelopment: The Applicant is requesting approval to amended the building envelope, as well as, establish
development envelopes for the purpose of: constructing a bam, installing a septic system, and reconfiguring the driveway_ The
Applicant is also requesting approval for a CDU. An Extension of Vested Rights was granted to the property in 1994 (Arteq.
Areas in which the Applicant has been requested to respond, types of reports requested:
Section 3-60; Environmental and Aesthetic Standards (Ridgeline)
Section 3-70: Water Resources
Section MO -050: Geologic (slopes, mapped potential avalanche)
Section 3. 80-070: Wildfire (mapped severe)
Section 3-80 -080: Wildlife (mapped mule deer and elk winter range)
Seetion 3-110: Improvements and Services
Section 3 -210: Special Review
Section 9- 110 -041(C ): Caretaker Dwelling Unit (CDU)
Starrwill refer the application to the following agencies: County Attorney, Zoning, Aspen Fire Protection District, Colorado State
Forest Service, County Wildlife Biologist, County Engineer, Division of Wildlife, Housing Office, and Brush Creek Landowners
Association
Review by; Bearing Officer. Public Hearing? Yes. A public notice sign shall be posted on the property at least 15 days prior to
the hearing pursuant to Section 4 -90 of the Land Use Code. The Applicant shall mail notices to all adjacent property owners at
least 30 days prior to the hearing with the return address of the Community Development Department (a copy of notice shall
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. The Applicant shall
submit a copy of the adjacent property owners with the complete applications.
What fee is the applicant requested to submit: Total DBDOsit: $1,270 (make check payable to "Pitkin County Treasurer')
Planning Office (deposit) SI,I10 (additional hrs are billed at a rate ofSI85/hr); Ilousing Office ($160)
Referral Fees: Fees for the County Engineer will be billed on the final bill at a rate of $65/hour.
Nore: The Colorado State ForaetService bills separately, contact them at 970 -248 -7325.
Please submit: A list of adjacent property owners and 2 copies of the `Agreement To Pay' form do not include with each packet
copy).
Number of copies of the application and maps to be submitted: 10
For a complete application, please include the following in each packet:
• Summary letter explaining the request and addressing all Land Use Cade standards listed above (in bold).
• Consent from owner(s) to process application and authorizing the representative (if' pplicable).
• Parcel description, including legal description.
• Proof of ownership (from a title company or attorney licensed in the State of Colorado).
• See attached "1041 Hazard Review Site Plan" requirements.
• Copy of this pre-app form.
• Copy of previous approvals.
• Geologic analysis by a certified Geologist.
• Elevation Plans, Landscaping Plan, Photographs or digital images of the proposed structure(s) as viewed from public right -of -ways.
NOTE: This pre - application conference summary is advisory in nature and not binding on the County. The information provided in
rhir summary Is based on current zoning standards and stq(ps interpretations based upon representations of the applicant. Additional
tnfonnation may be required upon complete review of the application.
UUcJ� r
JUL -13-CUM inu uj-uo ru inn iru. �• ��
1041 HAZARD REVIEW SITE PLAN
Pursuant to Section 5 -70 -040 of the Land Use Code, a 1041 Ilazard Review Site Plan shall be prepared as
follows:
A. Neat, legible ink drawing on a twenty -four (24) inch by thirty -six (36) inch sheet;
B. Title identifying type of review: "Smith 1041 Hazard Review Site Plan"
C_ Vicinity map at a scale of no smaller than 1" = 2000' and a size of no less than 5" by 5 ", showing
commonly known landmarks and the relationship of the parcel to proximate roads;
D. Boundaries of the parcel(s) with a survey tic into a governmental monument or other permanent marker.
E. North directional arrow;
F. Date;
G, Scale: the building envelope and access shall be depicted at a scale of no smaller than 1" = 50';
H. Topographic information depicting two (2) foot contour intervals within the proposed building envelope
and along the proposed access, and extending at least ten (10) feet beyond the envelope and access.
Additional topographic information may be required on a site specific basis upon further review.
I. Slope analysis: Slopes between each two (2) foot contour that are from 15 -30% and those exceeding 30%
shall be designated by separate distinct graphic patterns.
J. Legal Description of parcel;
K. Site map shall also include the location and dimensions of building envelope setbacks from property lines,
important physical features, existing water courses, and any other important geographic or hazard related
issues.
L. Disclaimer stating "1041 environmental hazard areas exist that might affect the property, any
improvements, and the use and occupancy thereof';
M. Owner's signature block.
N. Community Development Director signature block for minor review or Hearing Officer signature block for
Hearing Officer review: "This 1041 hazard review site plan has been reviewed and approved by
Director /hearing Officer this , day of , 1999, subject to Adminisirntive DecisionlHearing
Officer Decision No. _ recorded as Reception No.
O. Clerk and Recorder Acceptance for Recording: "This 1041 hazard review site plan has been accepted for
filing in the office of the Clerk & Recorder of Pitkin County, Colorado, on this _ day of
1999, in Plat Book_ at Page y as Reception No. "
A mylar copy shall be submitted by the applicant for recording following 1041 hazard review approval and
prior to issuance of any building permits for the property. At that time, the site plan information shall also be
submitted in a digital format acceptable to the Community Development Department. Base information shall
be obtained from the Community Development Department.
The owner must sign the mylar before recording. A representative of the owner must have a power of
attorney in order to sign the mylar for the owner.
The applicant shall submit the recording fee with the mylar: $10 for each page. Either submit a check made
out to the "Pitkin County Treasurer" or cash.
vuCJJ-3
Mwo'
(47
Nicholas Lampirls, Ph.D.
CONSULTING GEOLOGIST
0793 VALLEY ROAD
CARBONDALE, COLORADO 81623 ATTACIMM
(303) 9633500 (24 HOURS)
December 5, 199c)
Clem Harn
600 E. Hvman, Site o
Aspen CO 01611
RE, Parcel 4• ""Onl 19 0 S. R 95 W,
Dear Mr. Horn-
1 have Completed my geologic Investigation, 'for purposes of
satisfying House Bill 1041. of the approximately 35 acre
oa-cel but Wecificyllj the 2 acre envelope. Parcel 42 as
described above lies at the boundary between thy Highland
Peak and W001Y Creek 7 1/2 minute quadrangles, Pit! in County,
Cclorado.
intersectio It Is aWroximately two miles west of th-�
n of Brush Creek Road with HiqhwEy 82,
rhe topography of Me anvelopy corsists of gEntiv northe_si-
0 1 OP3 Mq t2rrai M W3 th ve7y 11"Le scil over tie sandsinne
LoedrQrk. There is sagebrush and native grasses wjt� ... e
ME- shvibs, There is also a very steem li4f along the
scuth eaze ox the p,; ..'cal, A gooc gravel road trends through
We wr3oer-y rorqhly pary:1,1j4-, the steep cliff,
rh� q2wagy f We sit, consists of upper portions oi the
Cretareops age MaroC05 shat =. A ❑OrOmirent sandstorp wroit of
the lancos is try cl,;p former in this area .:no mps
amc,00matey. ten dOMEE3 to tMe northeast wronE- the bujt
thn property. Thern is nQ) 3v-iQvnc2 of re=nt moveman, and
to rail ia much too qennly 0jop1no
':man rjecici1c 1tr9=ury5 Won az FauQs or
Ton"o 6re no tu 2ausa War, :onvarn,
on-As Whict can alfact savolopmant rof a Biroule *Fmily
dwellinc on this "n-.
Co nqineerinq -s :hqu, 1 be zPr:rir-mon at vqK so to
'53"i`c lquw! to Lr Eur7 wroonr inundation dawgro oo -.
P" r"r Dn :110 Wn" as hhalw-d-ri vri scjI7 nm t it F,
sloc', althAjor rn� Soil cOvar is very Mir to ab�ynt
Tnvrw smLoin on p 00 ?cc antnack from " -hp 4ory stn,v Lij-
tD ME &nuqh,
1i li; 1j 'i )
hi
Ar7"7= to /hQ rite is already present. Water for domestic
usn can be obtained by the dri1ling of a well to unknown
depth in this area. Waste disposal through the uoe of a
seutic tank xith accompanying leach field should be oossible
whpre the soil cover is thLci enough, but slow percolation
,aVes snou\o be e:pocted, and a mound system may h3ve to he
usen. The Pitkin County Sanitation Eng;neer should ie
consulted for his specific recommendations.
The home should be designed to prevent the acnumu1ktzon rf
ruwon gon as that is becoming standard practicv in the State.
Flease feel +ree to contact me if there are further
questions
Gi ncerely,
Nicholas i'ampirzs
Connultinq Mo!oozst
ww�uUu
� •i \ � � II��IIII
ATTACMENT.1- FOREST
SERVICE
State Serviccs Building
222 S. 6th Street. Room 416
Grand Junction, Colorado 81501
June 3, 1994 Telephone (303) 248 -7325
Ellen Sassano
Aspen /Pitkin Planning Office
130 S. Galena Street
Aspen, CO 81611
Re: Artel 1041 Wildfire Hazard Review
Dear Ellen,
I have reviewed the building application for the Artel parcel,
submitted by Davis Horn, Inc., and visited the site on May 24th,
1994. 1 have the following comments with regard to wildfire
hazards.
Vegetation on the Artel lot consists of patchy oak and
serviceberry brush approximately 2 to 8 feet in height. Slope is
about 15% on this site. The building envelope as identified on
the site plan contains fairly low brush interspersed with bare,
rocky outcrops. Other portions of the lot have more dense, higher
brush. The site has been mapped as severe wildfire hazard; the
vegetation and slope on much of this lot pose a significant
threat from wildfire. Under favorable burning conditions, a fire
originating below this site would probably be quite intense and
difficult to control. This risk should be mitigated substantially
by implementing the measures specified under the Wildfire section
in the application. Additional mitigation measures on this site
should include:
- Vegetation thinning and landscaping to a minimum of 45 feet
around the structure with a minimum of 10 feet crown
separation between clumps of oak /serviceberry. Remaining
clumps should not have a crown diameter in excess of 10
feet. Dead limbs and ladder fuels that would carry fire into
the crowns of brush should be eliminated. Slash should be
properly disposed of by chipping, hauling away, or piling
and burning during a safe time period.
- Vegetation density'should be reduced by thinning out to a
distance of at least 100 feet and possibly more on the
downhill side of the structure if the actual footprint is on
the steeper ground of this parcel.
- Maintenance of this "defensible space" as specified should
be emphasized in order to retain its value as wildfire
uucio1
hazard mitigation. Oak and serviceberry tend to sprout
vigorously after cutting, so it will be necessary to trim
back vegetation every year or two.
Thanks for the opportunity to review this proposal. Please
contact me if you have questions about these comments.
Sincerely,
Kelly Rogers
Asst. District Forester
cc: Steve Crockett, Pitkin Co. Sheriff's Office
Glen Horn, Davis -Horn Inc.
UULJv2
Davis Horn•
PLANNING & REAL ESTATE CONSULTING
July 13, 2000
Tamara Pregl
Aspen Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Parker 1041 Environmental Hazard Review: Proof of Ownership
and List of Adjacent Property Owners
Dear Tamara:
Enclosed with this letter is the proof of ownership and list of
adjacent property owners for the Alexis Parker lot.
Please contact me if you need any additional information.
Sincerely,
DA YIP LHORNJ INCORPORATED
�
GLE HORN AICP
uuCJu3
ALICE DAVIS, AICP I GLENN HORN, AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180
Alexis
Parker List of Adjacent Property Owners
2643- 203 -00 -013
Alexis Parker Subject Site
2643 - 203 -00 -014
Stephen & Carole Elliott
PO Box 4100
Aspen, CO. 81612
2643 - 204 -014
Eric Oliphant
6120 South Yale Suite 1800
Tulsa, OK 74136 -4215
2643- 204 -00 -009
Allen Oliphant Jr.
PO Box 4529
Tulsa, OK 74519
2643 - 203 -01 -001
David Schwarz
1133 Connecticut Avenue NW
Washington, DC 20036
2643 - 203 -00 -001
Architectural Objects Inc.
c/o David Schwarz
1133 Connecticut Avenue NW
Washington, DC 20036
uuGi64
bancun or Contract
STEWART TITLE
OF ASPEN, INC.
602 E. HVMAN • ASPEN, COLORADO 81611 • (303) 925 -3577
Davis Horn, Inc.
300 East Hyman, Suite 8
Aspen, CO 81611
Attn: Glenn Horn
Re: Jacques Alexis Artel
Board of Commissioners, Pitkin County, Colorado
Based upon a search of the appropriate real estate records
of Pitkin County, Colorado, Stewart Title of Aspen nereby
certifies that the property described in Exhibit "A" attached hereto
was first described of record December 12, 1974 in Book 294 at Page
404 as Reception No. 171870 and that a parcel of land described in
Deed recorded December 12, 1974 in Book 294 at Page 408 as Reception
No. 171876 is in fact adjoi -li.;, subject property and is in the name
of Jacques Artel. It cannot be determined from the record if Jacques
Alexis Artel and Jacques Artel is one and the same person.
The record discloses that both properties contain 35 acres
or more.
This statement is neither an abstract, opinion nor guaranty
of title and is intented specifically and exclusively for the
use of the Board of County Commissioners of Pitkin County in
determination of "merger of title" or lack thereof as said
"merger" relates to the applicable statues, ordinances and
restrictions of jurisdiction. It is understood and agreed that
Stewart Title of Aspen, Inc., neither assumes, nor will be
charged with any financial obligations or liability whatever on
any statement contained herein.
Sincerely,
Hazel I. Herwick
Title Examiner
uUII,
i
ORDER NO: 00017903
SCHEDULE A
PROPERTY DESCRIPTION
EXHIBIT "A"
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 Southwest corner of said
Section 20 bears S. 80 degrees 32 minutes 18 seconds W. 2875.32
feet; thence West 1797.88 feet: thence North, 848.00 feet;
thence East, 1797.88 feet; thence South 848.00 feet to the
point of beginning.
County of Pitkin, State of Colorado
CLjCju6
,
Recorded at 11.112 e'elaaet A DeCEmbir 1 1974 Rf .'UKGJL1 FACC lU41
Beaeptlw Nom ""4Q�_ _,Lti11.P�dA1Re °"•.amtNer.
Tarts DEED, hfads ehts day of October
It 74, between ASPEN INTERNATIONAL PROPERTIES, INC.
a oorporstlw duty organized and existing under and by virtu d the laws
Of the Stab of Colorado of the first part, and
JACQUES ALExIs ARTEL
of the Dusty of Pitkin
Colorado Of the sewed Oartr
J� % �
and Stab at �.. "_`__
WiTif138SrM That the said party of the lint Part for and b w
aelderatlw of the amts d Ten Dollars
and other good and valuable consideration
b the said Party of the lint Part in hand paid M the sard part Y of the second part, the nntpt when£ L heron
by confessed and ulmewledind, bath granted, banished, sold and tonvgd, and by these Presents doth grant. hat.
gain, Zen, tasyey Lad eanftrm onto the sad part Y of the Mcand Part, his helm and aulpaa foe.
ever, W of the following described iii W -pared of lead, sit-to, "I and being in the
Unary of Pitkin and Stab of Colorado, to wits
A parcel of land being situated in Section 20, Township 9 South,
Range 85 Nest of the 6th Principal Meridian, Pitkin County, Colo-
rado. Said parcel is more fully described as follower Beginning
at a point from whence the Southwest corner of said Section 20
bears S 80.3201,3" N., 2875.32 feet/ thence Nest 1797.88 feet;
thence North, 848.00 feet, thence East, 1797.88 feet; thence South
848.00 feet to the point of beginning. Said parcel contains 35.00
acres, more or lane.
TMSTHER "M ail and singular the hereditamants and apparfenecome shenwto belonging. or la any
RPPM fnlat, and the reversion or revenioea, nmaipdern, rests, homes and profits thereof; and aD the estate,
right. tltle, Interest, claim and demand whatsoever of the Bald party of the lint part, either ;law or equity, of,
and to the above bargained promises with the herdltammts and appurtenance..
TO HATE AND TO HOLD the said Premises above bargained and described, with the appurtenances Onto the
said party of the second part his helm and 0404108 forever. And the Mid
International Properties, Inc. Aspen
sad its meeeeeors, darts Covenant, grant, barnbr, and agree to and with the said
Pustir party af Lhe !4•t Part, for !belt,
his helm and ud af the asewd Part,
gust that ■t the time of the aneeallnR and delivery of Lhssa peanuts it Is well
seized d the Pesmisrs above conveyed, u of a good, eon, Perfect, absolute and indefeasible estate of inheritance, In
law, la fa* Simple, and bath god right, full power and lawful authority to great, bargain, &oil and canny the same
In manner and form aforesaid, and that the same an free and clear from all former and other grants, bargain•,
Wee. Ilasa, tares, e•4040ments and inaumbrances of whatever kind or nature Many; EXCEPT real
property taxes for 1974, and easements, reservations and restrictions of
record and except Deeds of Trust recorded in Book 238 at page 577 and Book 237
at page 51 and except Supplemental Deed of Trust recorded in Book 238 at page
512 of the records of Pitkin County, Colorado.
and the above bsrralaad Premise. In thr quiet and peaceable possession of the Mid part y of the seeond part
his helm and assigns, anin.t ale and erer7 WARRANT
or any part thereof, the Mid party of the tint part shall lad will AND FOREVER or DEFEND. the whole
;�r Wr WES8 WHEREOF, The said party of the lint part bath caned its corporate same to be hammy
•ubier1W'byitL vice President, and Its eorPonte esai to be hereunto affixed, attested by Its
Seoratary.,ths day and year first above written.
Attests% ' - • —
a
•HTATD OF COLORADO, j{
ELK- aAd___ County of _.DanYBL.__.. J µ
ASPEN INTERNATIONAL PROPERTIESLINC._-
........ ............................ ..............._ ............ ... .
De1bt2or -in -Poe eseio
The fongolnt instrument Wu acknowledged before m• this ze
19 74 by John B. Cooley, Jr. e� day of October
Donttld,H. •Burkhardt u Vice - president sad
AsV�J' Int9rlrational Properties, Inc. Debtor- in- Ppsseesion S�� of
Hy notarial commission expires 2 rr1� !fo+9ontloy
. • � , i , , .
Witness my head and seli�e�/" /J �7%
U.0 L J
Mere nsrr
The foregoin,
to 74 by, j
Dona d 11: 2
Raper
ATfAtMFEliT 2
John V. Olson, Manager
Sierra Pacific, L.L.C.
Box 1047
Aspen, Colorado 81612
July 11, 2000
Tamara Pregel
Aspen Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Alexis Parker 1041 Environmental Hazard Review
Dear Tamara:
This letter authorizes Davis Horn Incorporated to submit a land use
application for the Alexis Parker property which Sierra Pacific LLC
has contracted to acquire. This property is located above Brush
Creek Village known as Aspen Ridge Subdivision Lot Two.
Thank you.
Sincerely,
John V. Olson, Manager
Sierra Pacific LLC
0 UCUG3
u DEVMOPMENT�EPART MNT
ATTA{WW -j
PITKIN COUNTY (hereinafter COUNTY) and _S i ¢"rm, Pic-.; F; r . L LL,
(hereinafter APPLICANT) AGREE 'AS FOLLOWS:
1• APPLICANT has submitted to COUNTY an application for
Pc�rl-C7 C -. I Lj I
- Lrlvi Nn
(hereinafter, THE PROJECT).
APPLICANT understands
No. 96-52 ods and des that Pitkin County Resolution
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
scope of the "proposed project, it is not o� i � because of the size, nature or
extent of the costs involved in p time to ascertain the full
COUNTY further Processing the application. APPLICANT and
eS that it is in the interest of the parties to all APPLICANT to
make payment of as initial deposit and to thereafter
billed to APPLICANT on a montW permit additional costs to be"
benefited by retaining basis. APPLICANT agrees he will be
g der cash liquidity
upon notification d Will make additional payments
fication by the COUNTY whey dam, are necessarY as
COUNTY agrees it will be benefited through the gar certainty
are ���°
full costs to process APPLICANT's ' li of recovering its
app 'cation.
4. COUNTY and APPLICANT fiuther agree that it is impracticable for
COUNTY sta#T to complete processing or present
Planning Commission and/or Board of Co sufficient information to the
Planning Commission and/or Board of Co ' Comimssioners to enable the
required findings for project approval, CO1nmissioners to make legally
to decision. pp 'unless current billings are paid in full prior
6 ULJ6V
5. Therefort►-- APPLICANT agrees that 4 consideration of the
CO(;NTY's waiver o�rits right to collect full fees prior to a determination of
application completeness, APPLICANT shall pay as initial deposit in the amount
of S which is for _ hours of Planning staff time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional, monthly billings to
COUNTY to reimburse the COUNTY for the processing of the application
mentioned above, including post approval review. Such periodic payments shall be
made within 30 days of the billing date. APPLICANT further agrees that failure to
pay such accrued costs shall be grounds for suspension of processing.
PITKIN COUNTY
i% 7
Cindy Houben
Community Development Director
APPLICANT
701n r" 0. o�SJr,
S\ Q rrw (DL� c P Lc_ L L. C_
P ' Yame
gnature
Date:
iNUmg Address:
T3> cDx 10-1'7
At-*)pcn' Lc� 6I61Z
7 i
ULj6j I v
JUN.29.2000 2;7 M WFP INC N0. 190 P.2
N0.1E' F.1
JI_P I . ^c9. ��J00 12 =17 WFF' Irk ATTAG�MENT
June 29, 20DO
i
In reference o: Application for the reissue of 'a 1041 approval for Lot Two,
Aspen Ridge Subdivision.
To Whom It May Concern:
A1:
1, Alexis Paii ier. give authorization to Sierra Pacific, L.L.C., manager, John V.
Olson, cutm itly the prospective purchaser of my lot at Aspen Ridge, to pursue .
1041 approi als on my behalf.
Si rel , _��• •
Alexis Perk r -
I
i
i
i
i.
ULJLJii
•
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITHIN COUNTY LAND USE
CODE SECTION 4-90
I (� (r n ✓1 l v o f n , being or representing an
Applicant to the Pitkin County Development Permit, personally certify that I have complied with
the public notice requirements pursuant to Section 4-90 of the Pitkin County Land Use Regulations
in the following manner:
1. By mailing of notice, a copy of which is attached hereto, by first - class, postage prepaid
U.S. Mail at least 30 days prior to the public hearing to all owners of property adjacent
to the subject property, as indicated on the attached list, on the 1-7 day of
At4-- l-
(which is'Zbdays prior to the public hearing date of Q lu ��)• The names and addresses
of the adjacent property owners shall be those on the current tax records of Pitkin
than 60 days prior to the public hearing.
ous place on the subject property (as it could be seen
d that said sign was posted and visible continuously from
,99 to the �k day of��° 1.94_. (Must be
rPUBLIC NOTiC - -
DATE
11 days before the hearing date). A photograph of the
TIME 3 Pm
PLACEsoi E_
Signature
4E�RING B PITkiNCWI Ida of - �prr}I�Ef
FoR pA�xER Signed before me this 1ci' i n y �P
��HE Ak�wU GFF�CE 4Wby G(enn
r
ENVIRCN MENrAL HAT-'
L VIEW
WITNESS mY HAND
My commission expires ^ SEAL ^
t3otaty
liUL�;
PUBLIC NOTICE
RE: PARKER 1041 HAZARD REVIEW, RIDGELIKE REVIEW AND SPECIAL
REVIEW (P96 -00)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 19,
2000 at a meeting to begin at 3:00pm or as soon thereafter as the conduct of business allows, before
the Pitkin County Hearing Officer, Commissioners Meeting Room, 506 East Main Street, Aspen to
consider an application submitted by Alexis Parker requesting 1041 Hazard & Ridgeline Review
approval to amend the approved building envelope and establish development envelopes for the
purpose of constructing a barn, installing a septic system and reconfiguring the driveway. The
applicant requests special review approval for a caretaker dwelling unit. The property is located
above Brush Creek Village Subdivision and is described as Lot 2, Aspen Ridge Subdivision, a
parcel of land situated in Section 20, Township 9 South, Range 85 West of the 6" PM. For further
information contact Tamara Pregl at the Aspen/Pitkin Community Development Department, (970)
920 -5103.
s/Lance Clarke
Pitkin County Hearing Officer
Published in The Aspen Times on August 19, 2000
Pitkin County Account No. 002.02
0uCj i 3
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on September 19, 2000, the Hearing
Officer of Pitkin County granted 1041 Hazard Review & Conceptual Submission, Scenic Overlay,
& Ridgeline Review & Special Review for a caretaker dwelling unit approval for the Parker (P96-
00) property located above Brush Creek Village Subdivision and described as Lot 2, Aspen Ride
Subdivision, a parcel of land situated in Section 20, Township 9 South, Range 85 West of the 6
PM. This site specific development plan grants a vested property right pursuant to Title 24, Article
68, Colorado Revised Statutes.
s/Lance Clarke
Hearing Officer
Pitkin County, Colorado
Published in the Aspen Times on October 7, 2000
Pitkin County Account 002.02
buCii4
649
t yIMUNITY DEVELOPMENT DEPARONNT
130 South Galena Street
Aspen. Colorado 81611
(970) 920 -5090
Pitkin County
I 6 • 'b'
Land Use:
172
Board of Adjustment
159
County Land Use Code
173
Deposit
174
Flat Fee
162
Zoning and Sign
169
Public Notice
160
Planning Enforcement
150
Referral Fees:
RBI 15
Access Permit
LUC01
County Clerk
193
County Engineer
194
Environmental Health
198
Housing
190
Land Management
196
Wildlife Officer
I 6 • 'b'
UUUI i.5
TOTAL l a - . 0 0
NAME:
ADDRESS /PROJECT:
CHECK# p
CASE /PEER7MIT #:_ I -�O -OO #OFCOPIES:�_
DATE: f ((1 INITIAL;
R
+I
13
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
UUUI i.5
TOTAL l a - . 0 0
NAME:
ADDRESS /PROJECT:
CHECK# p
CASE /PEER7MIT #:_ I -�O -OO #OFCOPIES:�_
DATE: f ((1 INITIAL;
R
+I
13
Other Fees:
155
Use Tax
165
Copy
Performance Deposit
185
Park Dedication
186
Parking Cash in Lieu
166
GIs Maps
IS
GIs Requirements
RB 116
Road Impact Fees
UUUI i.5
TOTAL l a - . 0 0
NAME:
ADDRESS /PROJECT:
CHECK# p
CASE /PEER7MIT #:_ I -�O -OO #OFCOPIES:�_
DATE: f ((1 INITIAL;
R
+I
13
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