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DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x1') Parcel ID: 2463- 14 -2 -00 -007 Application Date: 10/8/12 Case No: P095 -12 Description: Horticultural Interests LLC Activity Envelope and Site Plan Review Planner: Mike Kraemer # Copies: 1 Allocated Hours: 10 Project Address: 1567 PRINCE CREEK RD, CARBONDALE, CO 81623 % Over Hours: 12 Property Owner: HORTICULTURAL INTERESTS Address: 1567 PRINCE CREEK RD Owner Phone: LLC CARBONDALE, CO 81623 Owner's REP: DENNIS POWEL Address: PO BOX 4121 REP's Phone: (970) 333 -1043 BASALT, CO 81621 REP's Email: dennis @dkarchitects.us.com Referrals: WILDLIFE REFERRAL Other Referrals: ZONING REFERRAL Comments Due Date: 11/26/2012 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body admin Public Hearing? yes Notice Date: 10/25/2012 Meeting Notes: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 086 -2012 #595169 Other Information: VR Approval Date: 12/17/2012 Plat Recorded Date: 02/06/2013 VR Expires Date: 12/17/2015 Plat (Bk, PG): 13101 P79 -80 #596770 Remarks: Application Type: Activity Envelope Site Plan RECEPTION #: 695156,12/21/2012 at 11:08:40 AM, 1 OF 4, R $0.00 DOC Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE PITIQN COUN'T'Y, COLORADO, COMMUNITY DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE HORTICULTURAL INTERESTS ACTIVITY ENVELOPE AND SITE PLAN REVIEW �j Administrative Decision No. Z_�Q_-2012 RECITALS Horticultural Interests LLC (hereafter referred to as "Applicant") has applied to the Community Q Development Director of Pitkin County, Colorado ( "Director") for Activity Envelope and Site Plan Review Q in effort to establish envelopes around all existing development and reduce the Prince Creek 100'setback to rt 50' for demolition of a pool, construction of a patio, construction of a turnaround driveway, and enhancement of the entryway with a pergola structure. The Applicant has also proposed to demolish a tennis court and construct a greenhouse in its place. 1. The parcel is located at 1567 Prince Creek Road and is legally described in Attachment A. Q 2. The parcel is approximately 29.31 acres, is in the RS -30 zone district, and is non - conforming in size. 3. The property contains a primary single family residence and an Employee Dwelling Unit (EDU) Q approved pursuant to BOCC Resolution No. 93 -189 (Reception No. 364484). Other structures that exist on the property include bam, riding field, and tennis court. 4. The application was referred to the Colorado Division of Parks and Wildlife (CDPW). 5. The Applicant has applied under Land Use Code Section 7- 20- 80(ax4xa) for a reduction in the 100' setback from Prince Creek to a minimum of 50'. The purpose of this reduction is for demolition of the pool and construction of an on -grade patio adjacent (south) to the primary residence. The Applicant also proposes a turnaround driveway within the 100' setback. The totality of the proposed patio and proposed turnaround driveway will equal a "net zero" in disturbance within the 100' stream setback of Prince Creek. 6. Staff conducted a site visit on December l Os', 2012 to view the site. The area between the house and the Creek is vegetated with bluegrass, a non - native species. The Applicant has proposed a reclamation plan that will revegetate the disturbed area near the Creek to a more natural state. 7. Public notice was published in the Aspen Times on November 26`s, 2012. An affidavit of public notice was mailed on October 25`s, 2012. No objections were received during the 30 day comment period. 8. Hwy 133 and Prince Creek Roads are designated scenic corridors applicable to this review. Pursuant to Section 7- 20- 120(c), the pergola structure is exempt from scenic review from Hwy 133 because the existing primary residence is not visible from this corridor. From Prince Creek Road, the primary residence is partially visible. The pergola will not obstruct a ridgeline from this corridor. 9. The Director finds that the proposal meets the standards of the Land Use Code for Activity Envelope and Site Plan Review. Page I of RECEPTION #: 595169,12/2112012 at 11:55:00 AM, 1 OF 5, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO e'Co - zolz. 10. The Director further finds that the site is eligible for a reduction in the 100' stream setback subject to the conditions outlined below. APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit review. Structures represented in the application might not be permitted under building and zoning regulations. 3. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 4. The pergola shall utilize earth -tone colors and non - reflective roofing. 5. The Applicant shall submit for an access/earthmoving permit for the driveway turnaround. At the time of this submittal, the Applicant shall also submit for review and implementation a detailed revegetation plan that outlines the specific riparian plantings for the disturbed area next to the Creek. The plan should include removal of Kentucky bluegrass near the Creek and an implementation timeframe for the spring of 2013. 6. The Applicants shall adhere to the following low wildfire standards. A. Defensible Space The area around all buildings /structures, limited by property boundaries that may limit a property owner's ability to comply with this section, but shall incorporate landscaping with wildfire defensible space considerations as: Brush, debris and non - ornamental vegetation shall be removed within a minimum ten -foot (10') perimeter around all structures. 2. All deadfall up to a one hundred (100) foot perimeter shall be removed. 3. No new conifer trees shall be planted within ten (10) feet of a residence. 4. No flammable mulches shall be placed within two (2) feet of a residence. 5. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. Page 2 of 4 E3& - ZO /Z B. ROOFING MATERIALS, ROOFING VENTS AND PROJECTIONS AT AND BELOW ROOF LINE Roofs and projections at or below roof line in Severe Wildfire Hazard Areas shall be constructed according to the following specifications: Roof Materials a. Class A covering or Class A Assembly as defined by the currently adopted building code. b. No wood shakes or shingles. The Applicant shall comply with the following general conditions regarding wildlife: A. Mesh or woven wire fences are prohibited. B. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. C. Wire fencing must be three (3) strands or less. The top wire shall be a twelve- point- five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) shall be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand shall be sixteen (16) inches from the ground. D. Fruit bearing trees and shrubs shall be prohibited . This does not include pre- existing native trees and shrubs. E. Trash/garbage shall be kept in an approved bear resistant container or enclosure. These containers shall be accessible to and use at all times by contractors on site. F. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. G. Pet food shall not be left outside. 8. No development shall occur outside the approved activity envelope with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved activity envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. 9. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site. The fencing shall remain in place until issuance of a Certificate of Occupancy. 10. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one growing season of the project's completion. H. 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, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on December _�, 2015. Page 3 of 4 12. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the day of 201a APPROVED by the Director, thisr,021- day of e f , 2012. ndy ouben, Community Development Director PID# 246314200007 P095 -12 Page 4 of 4 Exhibit A A tract of lend situated in sections 14 and 15, Township 8 South, Range 88 West of the 6th P.M., County of?Min, Colorado, moss particularly described as follows: Beginning a the North East coma of said section 15; thence South 00109- 29" East, 27.18 Feet in a Brass Cap for the witness corner to the North East coma of said secdon 15; thanes South 21° 4T 12" East, 81953 feet to an angle point on the North line of lot 1. Lot split of Stnwhan Ramh; thence South 00" 09' 2B" East, 21.94 feet along the Northerly boundary of said l.os 1 to a fence line as built and in place, which fence lino is descn'hed in Quitclaim deeds recorded May 13, 1993 in Book 712, Pages 122, 123 At 124 reryeWvely, being the true point of beginning thence along said fence line the following coupes: North 89° 56' 14` West, 414.40 feet than= North 76.43' 41" West, 216.57 fees; thence North 74" le 22" West. 150.79 feet; theme South 26" OC 11' WM 165.95 feet thence South 06° 23'46' Wes4 31.76 feet thence South 08° 02' 38' East, 46.48 feet, thence North 85° 23' 05' Wart, 103.47 feet; thence North 03° 59' 34" East, 85.50 feet than= North 89" 31' 17' West, 347.46 feet than= leaving said fence, South 88" 51' 28" West, 38.71 m the Wasdhro of said Lot l; thence South 190.68 feet to the South West coma of said Lot 1; thence South 72" 21' 40" East, 1,299.89 fat along the South line of said Lot 1 thence North 63' 34'40" Evan 1,759.62 feet along said South line; thence North 02" 13130-k West, 294.22 feet along the East litre of said Lot 1; thence South 73e 33' 21" West, 1,536.64 feet along the North line of said Lot l; thence North 00° 90' 28" West, 32.14 fact along said North line to the true point of beginning. AKA Lot 1, Stranahan Ranch. Together with the land conveyed in Book 172, Pages 123 and 124. Excepting therefrom the land conveyed in Book 172, Page 122. Pamel 2: An access easemeat over an existing mad described as follows: beginning It e point on the Southerly line of the herein conveyed parcel where the comer common to sections 10, 11, 14 &15 of Township 8 South, Range 88 Wwt 6th P.M., Pitkin County, Colorado, bears North 15° 47'45n East, 1,350.42 feet; thence South 27o 02' 00' West. 210 feet, thence North 72" 21' 40" East, 40 feet; thence North 116 03' 00" East, 206.56 fact thence South 72° 21' 40' East, 98.21 feat to the point of beginning. Pitkin County, Colorado I1 1 I II 1 {`1 I 111 I 536982 I���III III�I��IIII��I�I� 4i�IlI11lIIIl��IIIIIIII I�II�I�I 004924 B 00002.26{ JAN LAND USE APPLICATION ACTIVITY ENVELOPE AND SITE PLAN 1.1 Applicants Background Information A. Owner: Horticultural Interests, LLC Manager — Mike McCoy B. Representative: Dennis Powell 970 - 333 -1043 Kevin Heath 970 - 379 -0922 dk architects, Ilc PO Box 4121 Basalt, CO 81621 See attached letter for authorization from owner. PID# 2463- 1420 -0007 000001 10 -3 -2012 Pitkin County Community Development Department 130 S. Galena St Third Floor Aspen, CO 81611 Horticultural Interests, LLC PID # 246314200007 LOCATION: 1567 Prince Creek Road 1 00 U1 CW1 5161 Please be advised that Kevin Heath and Dennis Powell of dk architects, Ilc have authorization to be our representatives to establish an activity envelope and obtain site plan with scenic review approval. Representative contact: Dennis Powell DK Architects, Ilc P.O. Box 4121 Basalt, CO 81621 970 - 333 -1403 Thank you Horticultural Interests, LLC. Signed Mike McCoy Name Title Manager 000002 date (0 l4Z 1.2 Parcel Description & Vicinity Map PID # 2463 - 1420 -0007 Lot 1, Lot Split of Stranahan Ranch 1567 Prince Creek Road Pitkin County, Colorado Vicinity Mao qb h r �.��TIn.II�.t�p • � %;* Rd 100 t3] 133 F 1 Driving Directions: From the stop light at State Highway 133 and Main Street in Carbondale drive south on 133 towards Marble for approximately 1.75 miles to Prince Creek Road. Turn left on Prince Creek road and drive 1.3 miles to 1567 Prince Creek Rd. turn right into driveway and drive 3 tenths of a mile to house. PID# 2463- 1420 -0007 0u0002 1.3 Proof of Ownership See attached Warranty Deed. PID# 2463- 1420 -0007 oo0004 After Raarding Return to: Elleabdh Axtbeim Vint American Heritage Title Company 2700 Glistrep Court, Sults 100 Nr7 D DL. Glenwood Springs, CO 81601 WARRANTY DEED This Deed, made April 11. 2007 Between Lombard Exchange 3, LLC of the County San Francisco, State of CALIFORNIA, grantor(:) and 7p�Oa'fienlhinl � sQL LC a J Cred ,Llmaed Liability Company whose legal address is 5_yi a & Z--te County of Plateau, and State of COLORADO. grata hi WITNESS. That the granror. Cor and in the wmiderdion of the aorta of 411musayLand W100ths Dollars (53,31)0,000.00) the receipt and mfBcleney of which is hereby solmuwiedged, has granted, bargained, mid and conveyed, and by these preseota does grant, bargain, sell, convey and confirm, was the grantee, their heirs and assigns forever, all the real property togatMr with improvements, if any, situate, lying and being in the County of Pltidn, State of COLORADO decrbed m follows: See Exhibit A attached hereto and made a port hereof. of 4 IIIIII VIII IIIIII VIII VIII IIIIII VIII III VIII IIII IIII 040 69507 02:251 JANICE K VOS CAUDILL PITKIN COUNTY CO R 21.00 D 0.00 also mown by anal and number as 1567 Prince Creek Road, Carbondale, CO 81623 TOGETHER with all and slmgular hereditemenn and appurtenances, lheremto belonging, or in anywise appertaining, and the reversion and reversions, mmainder and remainders, rents issues and profits therm( and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and m the above bargained premises, with the hereditommis and appuno mod. TO HAVE AND TO HOLD said promises above bargained and described, with the appunmanees, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal repreae statives, does covemmt, grant, bmgeiu and agree to and with the grmme, his heirs and migns, that at the time of the unsealing and delivery of those presents, he Is well seized of the premises above comeyed, has good, sure, perfect, absolute and indefessible estate of inheritance, in law, in been simple, and has good right, flr0 power and lawful authority to grant, bargain, sell and convey the same In manner and form in aforesaid, and that the area are free and elm them all forma and other &=is, bargains, sales, liras, tax ", msessmmts, encumbrancer and restrictions of whmver kind of nature so ever, except for ben for the current your, a fin but not yet due and payable, and those specific Exception, described to Exhibit 'B" attached berde and made a part of The grantor shall and will WARRANT AND FOREVER DEFEND the above- bmgalaed premises in the quid and peaceable poasmion of the grantee, his heirs and coigns, against all and every person or persons law0rlly claiming the whole or my pool thereof. The singular number shall include the plural, the plural the singular, and the use of my gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this on the dam ad forth above. SELLER: Lombard Exchange 3, LLC a California Limited Liability Company ' A.U�s�. � -4 By EIE Holding Iran, Inc. a California Corporation By: Hillery Heard, President STATE OF CALIFORNIA COUNTY OF _ )ss: The foregoing instrument was acknowledged, subscribed and sworn to before me April 31, 2007 by Hillary Heard, Presldmt ofEIE Holding Services, Ice. Lombard Exchange Exchange 3, I.I.C. OIew's. alas., —I Witness my hand and official seal. W Wenooy ouo vuuuu5 Notary Public MNade Elmhurst! My Commission expires: MCROWNO.2MIMI ae41aSaaa Exhibit A A sect ofland situated in sections 14 and 15, Township 8 South, Range 88 West of the 6th P,M., County of Pillion, Colorado, room particularly described as follows: Beginning at the North East comer ofsaid swim 15; thence South 00' 08' 29' East, 27.18 Peet in a Bre s Cap for the witness comet b the North Past tamer of.-Ad section 15; thence South 21' 4T 12" East, 81943 feet to an Angle point on the North line of Lot 1, Lot split of Strwhan Ranch; thence South 00' 09-28w Peat, 21.94 feet along the Northerly boundary of said Lot l to a fence line as built and in place, which face line Is described in Quitclaim deeds recorded May 13, 1993 in Book 712, Pages 122, 123 & 124 respecilwly, being the true point of beginning; theme along said face line the following courses: Noah 89' 56' 14' West. 414.40 feet; than= North 76' 43'4 1 - West. 216.57 feet theme North 74' 16'22' West. 150.79 feet; theme South 26' 06' 11" West, 165.95 feet thence South 06' 23'46n West, 81.76 feet; then= South 08' 02' 38' East 46.48 f=t thence North 85' 23' 05" West, 103.47 feet; thence North 03' 59' 34" East 85.50 feat then= Noah 89' 31' 17' West, 347.46 feet; then= leaving said fence, South 88' 51' 28" West, 38.71 to the Wesdirw of Sala Lot 1; thence South 190.68 feet to the South West comer ofxid Let 1; thence South 72' 21' 40" East 1,299.89 feat along the South line of said Lot 1 thence North 63' 34' 40' East 1,759.62 feet along said South line thane North 02' IT 30" West, 294,22 feet along the Sets litre of said Lot 1; theme South 73' 33'21 " West. 1,536.64 feet along the North line of said Lot l; theme North 00' 90128- Wen, 32.14 fact along said North line to the true point of beginning. AKA Lot 1, Streahan Ranch. Together with the lad conveyed in Book 172, Pages 123 and 124. Excepting therefrom the land conveyed in Book 172, Page 122. Parcel 2: An access easement over an existing mad described so follows: beginning at a point an the Southerly Ilse of the heroin conveyed parcel where the ecron wmmon to sections 10, 11, 14 &15 of Township 8 South, Range 88 West, 6th P.M., Pitkin County, Colorado, bens North 15' 47'45* East 1,350.42 feel; theme South 27' 02' 00" West, 210 fees theme North 72' 2l' 40" East, 40 fen; theme North It- 03' 00" East 208.56 feet; thence South 72' 21' 40" East 98.21 feet to the point of beginning. Pitkin County, Colorado I+ II jjI I 536982 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII VIII IIIIIIIIIIIIIIII 0 4 %240 0000 2.201 0 OU X O Exhibit "B" 1), Taxes for the year 2007 and ag sobaeguent years Z) Rigbt of the Proprietor of vein or lads to magnet sod remove his ore iherebem, should the mine be heed to penetrate or laterieet at PraoW" hereby groatal. as recorded in Rook 203 at Page 429 (Afhcq Lot$ Or /5)_ SecMq 14 mud Wt 1 or&.tha 3) OVA of Ibc Proprietor of a veto ar lode &a ntrset and tetoove Iris we tharefcon, ahou)d the rams be (band to penetrate or Internet the prnsyq aerryy r °eatdsd le Rook SS at Pape 23 (AReets Lob 6 and 13 fe Section 14 Mad Log; p add II to Seaton is), 4) RIgh1 of the proprietor arm veto or led, to mtraet Mud romove k)s brc th.refrpr $hould 1118 same be found 10 penetrate Or bderseal the pnmbu aad ri;h1 *[way VO a, far ditch sas ditcher or eb wastrueted by the authbrky of the Vain right records[ is Runk 'SS at Age 27 (Affaga Iota 9 and 8 In SetUoe 14 Sod lot 91s Scutloo 14 S) IUght Of the proprietor era vein or 10[8 to "trust mud remove his ors tgeee(rem, should the Lama bo ihusd to peaeiratg er Inlcneat the premlees apd rlgkc ofway for 55 at Page 274( ele t Lot W b7 the Mat14), of the United gletes recorded is gook 0 Gffec6t Lot I fo Soctbs I4). 6) 10 toot right "Way "awns[ granted it the hf0aanls St, Telegraph t Telephn anti 999L Company as sot fort4 la RaOk?47 at Pogt 6Telephone ad In Rank 247 air rage 7) Interest to water Mkm MW the Wings, 004414 vistera, Mad other elt)htles connected n xh F° p D d4to Rao ed by trlan 1 P. Asochbaeber and Joegwlyn p pries sr- recorded in Back 253 at age 324, 8) T* rn% ebaddtlau Mad obUigmm °s0(R4toluUoaor the ROardofCounty Commisslonen Of Pitktu COMM Colorado u granted me eaeaiptfan from the Definition orSubdivlsba for the sek of the Blrausbas Rage within the CrysW Vxlby os recorded In gook 363 at Page 86Z. 9) Right of way of Prince Creek Read and right or way for the us° end m°Ialeasrc0 of the existing oraehr mad ditcher, and rights of way for stifilbs ss ant loth fib ptef of Lot Spite of Snunkas Ranch regarded In PI°t Hook 12 of Pagc 24. 10) Terms, conditions, and obagatioax w sot forth in Agreement regarding domestic warty sysmm recorded in gook 41S at Page 892 11) Terms, condition, obligations mad restrictions ns set forts bt Nas•Eadnsive Baaeaent AgrtrcmeW recorded in BeOk 536 at Pogo 760. 12) at ftv 1 eaaetneal granted to UR Weat Communk";°as INC recorded IM Book 1162 at Page 896. 13) Term., ndluess, ohggatt"s mad provisions at rouuiaed is Resolution *rum COaaly Commissioner, ofPteldo COUaty C010M40, Craltiag Approvsl to 364494 �' gmPloyes Dwelling Unit retOtdcd Deeembar 13, 1993 ar Rsc.pdoa No. 14) Perm; conditfos:, obligations And provision ns comah,e[ 1a 0enpunq 1fa.d Rwepdoa Ne, 3= aunt for as gtaployoc DwelUng Visit nwrded,pmn fy 4. IM 15) Terms, coadhioas, obBgaUoar "a Prhvlaiuus ar eantalned in Auodatiss, fart Uod rossd IIeu August 6, 1996 U Reception No. 395528 °C °Py wscmeat rewrded August 6, 1996 u 14) Undergrauhd�� �)wa aoc pWvorde as waraktw t0 Holy Cross &,,gy rlgh 0 Iy raaemenr recorded July 1(, 2002 as R eePtlos No. 40685 17) Amy r)ghte. caarrsesp, I1111ertab or dahn0 which luny esixt by TeMn of or rdleated by the rouowdng 8rvahewu oa gun survey dmod MOy 3, 2086, by Tuille Bbrvoytgg 5"Vle S( II1.- WOrk12006VrIXeWps I llllll lllll11111101 1111111111111111111111111111115 3/2s64: /19) Z 3 8 002:26t UL)U001 7 I I 536982 IIIIIIIVIIIIIIIVIIIVIIIIIIIIIVIIIIIIIIIIIIIIIIN00 4 924/ 0 00 2.261 16MLIrURN1A ALL - PURPOSE ACKNOWLEDGMENT State of California C ss. County oaf/ 6��,u �Q,(tr ri!,() r� (� ) On �t - I) I before me, A =� 11�1� t/ n /� , {�U �j ( ( oat' I wme ew11 ,,n.� d olrcv a —•7 personally appeared �f I l 1 Q.V''/ i (t v-/A .' oo . H[nary Pupfen 1.R.N cam . . m 0 1633907 AInT�da • wrdy rYa LOWCOMITI-11110ftOW12.2009 (d, personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. CWITNESS my hand and official seal. Piece Wwy SW — - Signalura d Wmry PuN, OPTIONAL Though the information below is not required by law, If may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Toe or Type of Document: Document Date: Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer- 0 Partner —0 Limited ❑ Attorney in Fact Title(s): ❑ General ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: uutjU06 RIGHT THUNIOPRINT OF SIGNER on Number cf Pages- Signer's Name: ❑ Individual ❑ Corporate Officer — Tdle(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THIA.IBPRINT OF SIGNER 1.4 Legal Access The property has 292.22 feet of frontage on Prince Creek Road. 1.5Summary Letter A. Project Description The existing property is 29.3 acres and zoned RS -30. It contains two single family residences, a barn, an in- ground swimming pool, tennis court, riding ring, and irrigated pasture land. The Owners would like to demolish the pool, reconfigure the driveway and enhance the entry with a pergola structure. At this time, no additional square footage is being proposed. Since there are no existing Land Use approvals for this property, the Owners would like to establish an Activity Envelope for the developed portion of the site. Prince Creek flows across the property from south to north between the two residences. Since the creek waters are diverted upstream for irrigation, the flow rate varies considerably. The main residence, which predates the establishment of the minimum 100 foot setback from the creek, extends into that setback. The Owners are requesting a reduction in the setback to 50 feet, which would allow for the construction of the circular driveway and demolition of the pool. In addition, they would like to naturalize the portion of Prince Creek that abuts the main residence. B. Land Use Code Sections Being Addressed 1. Sec. 7-10-50: 2. Sec. 7-20-10: 3. Sec. 7-20-70: 4. Sec. 7-20-80(a)(4) 5. Sec. 7-20-130: 6. Sec. 7-20-140: 7. Sec. 9-50 -00(c)(3): PID# 2463- 1420 -0007 OLIU037 Site Plan; Site Preparation and Grading; Wildlife (mapped within Deer winter range and riparian vegetation along Prince Creek). River, Streams, Corridors, and Wetlands (Reduced Setbacks) Landscaping and Vegetation Protection; Lighting; Minor Expansion of a Non - Conforming Structure Section 7 -10 -50 site plan and activity envelope Two 24" x 36" drawings are attached, the activity envelope plan and the site plan. The boundary of the proposed activity envelope includes all the existing structures, well, and septic systems on the property. The proposed additions to the main residence are shown on the site plan. Section 7 -20 -10 site preparation and grading A. The area of fill for the pool is anticipated to be greater than 50 cu yards. 1. All areas of disturbed soil will be re- vegetated. Protection of non - disturbed areas will be achieved with hay bales and silt fencing. 2. All topsoil will be saved and re -used. 3. Weed prevention will adhere to the United States Soil Conservation Service Soil Survey. 5. Erosion a. 1. The development will not cause erosion. 2. Disturbances will be minimized to the area adjacent to existing main residence. 3. Natural drainage will be preserved and protected. 4. Natural vegetation will not be disturbed within buffer. b. Mitigation measures will stay in place until re- vegetation is viable. Section 7 -20 -70 wildlife habitat mapped as Deer winter range and riparian vegetation along Prince Creek No development will harm habitat. No additional fences will be installed as part of this application. Sec. 7- 20- 80(a)(4) River, Streams, Corridors, and Wetlands (Reduced Setbacks) See attached letter to Dennis Powell, from Rare Earth Science in the Technical Reports section of the application. Section 7 -20 -130 Landscaping and Vegetation Protection Existing vegetation will be protected and maintained. Section 7 -20 -140 lighting No exterior site light will be installed lamps. PID# 2463 - 1420 -0007 UjL;J.L0 Fixtures on the building will have covered Sec. 9 -50- 30(c)(3): Minor Expansion of a Non - Conforming Structure At this time, no expansion of the existing main residence that would increase area is being proposed. 1.6 Pre - Application Conference Summary. See attached pre - application summary sheet. PID# 2463 - 1420 -0007 OJU011 PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PID 9 246314200007 LOCATION: 1567 Prince Creek Road ZONING: RS -30 OWNERS: HORTICULTURAL INTERESTS LLC REPRESENTATIVE: Dennis Powel PHONE & EMAIL: DATE: April 18, 2012 SIZE: 29 acres 970.333.1043 dennis(a)dkarchitects.us.com PLANNER: Mike Kraemer 970.920.5482 Type of Application: Activity Envelope and Site Plan Review Description of Project/Development: The Applicant is Activity Envelope and Site Plan approval for site work, a small addition, and restoration of riparian and wetland habitat along Prince Creek Road. Because the existing single family residence exceed the current GMQS exemption, the Applicant has proposed to "swap" floor area from one area of the residence to accomplish the addition. The Applicant is advised of the 100' streamside setback from Prince Creek and is looking to reclaim portions of the area within the 100' setback. If restoration work to land adjacent to Prince Creek can occur on the neighboring properties, the Applicant will need to submit consent from those property owners. No previous envelopes have been approved on the property. The Applicant should propose envelopes around all existing development. Sec. 7- 10 -50: Site Plan; Sec. 7- 20 -10: Site Preparation and Grading; Sec. 7- 20 -70: Wildlife (mapped within Deer winter range and riparian vegetation along Prince Creek). Sec. 7- 20- 80(a)(4) River, Streams, Corridors, and Wetlands (Reduced Setbacks) Sec. 7 -20 -130: Landscaping and Vegetation Protection; Sec. 7-20-140: Lighting; Sec. 9- 5030(c)(3): Minor Expansion of a Non - Conforming Structure Staff will refer the application to the following agencies: Colorado Parks and Wildlife. Review by: Community Development Director Public Hearing: NO, however, public notice is required via posting, mailing and publication. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by first class mail) to all property owners within 300' of the subject property and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the postmarked date on the notice to submit comments or objections to the Community Development Department. FEES: $3,511 (make check payable to " Pitkin County Treasurer") ■ Planning Office flat fee: $3,120 (non - refundable; based on 10 hours of staff time; if staff review time exceeds 12 hours, the Applicant will be charged for additional time above 10 hours at a rate of $312/hour) $54 Public Notice Fee $25 Web Technology Fee Liiu 12 $312 Planning /Zoning Review for Riparian Restoration To apply, submit 1 copy of the following information: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing each of the provisions of the Pitkin County Land Use Code identified above in sufficient detail to demonstrate that all substantive review criteria have been met. Summarize existing conditions, current uses and proposed future uses or expansions as described in Section 1.1 through 1.8 of the Pitkin County Land Use Application Manual. 2. 24" by 36" and 11" by 17" Site Plan within approved Activity Envelope defined as designated in Sections 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual including existing and proposed development; 3. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual including landscaping & lighting; 4. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use Application Manual; 5. Street address (if any) and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County; 6. Copies of all previous Land Use approvals including resolutions, ordinance, and recorded drawings; 7. Total fee for review of the application; 8. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees Agreement (form attached); 9. Consent from all owners to process application and authorizing the representative; 10. List of all property owners within 300'; 11. A copy of this Pre - application Conference Summary Form. NOTES: ➢ PLEASE SUBMIT YOUR APPLICATION UNBOUND AND AS A ONE -SIDED DOCUMENT. THIS COPY SHOULD HAVE NO DOCUMENTS LARGER THAN 11 "by 17" AND ONE SET OF 24'X36- SITEPLANS. ➢ THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED. ➢ The Land Use Code is available on -line at http://ww2.aspenpitkin .com /DepartmentsICounty -Code/ ➢ The Land Use Application manual is available on -line at http://ww2.aspenpitkin. com / Portals/ 0/ docslcounty /Com %20Dev/Plannino/land use application manual pdf ➢ Applicant will be responsible for mailed and posted notices. Public Notice requirements are described in Section 2- 20.100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. ➢ This pre - application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. uuu013 Scenic View Protection Exhibits A. Existing photographs B. Proposed model view PID# 2463 - 1420 -0007 JUULjl4 Section 7- 20- 120(d) standards for scenic view protection areas Scenic view protection exhibits section 2.1.12 Horticultural Interests, LLC PID #246314200007 LOCATION: 1567 Prince Creek Road This is the map that locates where the pictures where taken. OOUO15 Scenic view protection exhibits section 2.1.12 Horticultural Interests, LLC PID # 246314200007 LOCATION: 1567 Prince Creek Road ZONING: RS -30 This is the view towards the property from location A. The circle marks the location of the barn. The arrow marks the location of the house hidden in the trees. 0016U16 Scenic view protection exhibits section 2.1.12 Horticultural Interests, LLC PID # 246314200007 LOCATION: 1567 Prince Creek Road ZONING: RS -30 This is the view from the county road at location B looking west. The circle marks the location of the barn and the arrow marks the location of the house in front of the large lone tree in the center of the frame. UI��lJ17 Scenic view protection exhibits section 2.1.12 Horticultural Interests, LLC PID #246314200007 LOCATION: 1567 Prince Creek Road ZONING: RS -30 This is the view from Highway 133 at location C looking east. The circle is around the barn the house is not visible from this location. As you travel south on 133 towards Marble the house and the barn are blocked from view by the hill. UUU01U Scenic view protection exhibits section 2.1.12 Proposed Model View Horticultural Interests, LLC PID # 246314200007 LOCATION: 1567 Prince Creek Road ZONING: RS -30 Proposed modifications to the main residence. ouuoiy Technical Reports A. Stream, Wetland and Riparian Area Setback Analysis PID# 2463 - 1420 -0007 ouub20 (( RARE SARA SCIENCE www rareearthscience.com September 27, 2012 Dennis Powell dk architects, Ilc 37 Pica Lane Carbondale, Colorado 81623 Via Email: dennis@dkarchitects.us.com Re: Site - Specific Analysis for a Proposed Reduced Riparian Setback Horticultural Interests LLC 1567 Prince Creek Road Residence Pitkin County, Colorado Dear Dennis This letter reports the results of a site - specific analysis completed by Rare Earth Science, LLC (Rare Earth) for a proposed reduced riparian setback at 1567 Prince Creek Road near Carbondale in Pitkin County. A portion of your client's (the landowner, Horticultural Interests LLC's) existing residence and below -grade swimming pool, which were built prior to July 5, 2006, lie within 100 feet of the west bank of Prince Creek. Your client wishes to demolish and remove the swimming pool and add a new circular drive at the entry to the residence. These activities would require a reduction of the 100 -foot wetland /riparian buffer specified in the Pitkin County Land Use Code at Section 7 -2- 80(a)(2)(a) to 50 feet. Such a buffer reduction is permissible under Section 7- 2- 80(a)(2)(a) upon demonstration that it will not result in water quality degradation, stream bank erosion, or a reduction in the quality of riparian or wetland habitat pursuant to standards set forth in Section 7 -20- 80(4). Your client also wishes to establish a more natural and native vegetation community adjacent to and within 50 feet of the west bank of Prince Creek on the property. I visited the 1567 Prince Creek Road residence on August 31, 2012 in order to complete a site - specific analysis of the Prince Creek riparian corridor in the vicinity of the proposed project area. The proposed project area lies less than 100 feet but more than 50 feet from the centerline of Prince Creek. The Prince Creek channel is approximately 2.5 feet wide and incised approximately 2 feet below the grade of the surrounding area. The stream course is fairly straight, and may have been historically straightened and channelized by previous property owners. On the local U.S. Geological Survey (USGS) 7.5- minute topographic quadrangle, Prince Creek is indicated as a solid blue line (perennial) stream; however, the landowner has observed that the creek is sometimes dry during late summer months due to upstream irrigation demands. The stream bed consists primarily of cobbles and gravel, and the immediate west bank of the stream (from 0.5 to 2.5 feet from the bank) is vegetated with non - native volunteer pasture grasses, 0UUU21 Powell / dk architects, Ilc September 27, 2012 Page 2 native and volunteer non - native (orbs, and native shrubs, with no areas of bare ground or obvious signs of erosion. A regularly mowed sod lawn of Kentucky bluegrass spans the entire area between the immediate west bank of Prince Creek and the landowner's residence, the swimming pool planned for demolition, and the area planned for the new circular drive. The area proposed to be removed from the 100 foot riparian buffer is entirely vegetated in a regularly mowed Kentucky bluegrass lawn. The lawn slopes slightly east and north toward Prince Creek. No part of the natural or semi - native vegetation in the immediate Prince Creek stream corridor will be directly disturbed or indirectly affected as a result of the proposed riparian buffer reduction or activities associated with the proposed project. In accordance with Part 2.D. of the Pitkin County Land Use Application Manual, ten specific elements must be demonstrated when a reduction in riparian buffer is proposed. The numbered paragraphs below present the ten elements and my findings regarding each element (the elements required for analysis are in plain text, and my analysis of each follows in italicized text). 1) The land eliminated from the required buffer does not include any areas of slopes greater than 30 percent. The area immediately adjacent to Prince Creek and the land proposed to be eliminated from the required buffer is only slightly sloped (see attached photographs). The slope is calculated as approximately 4.9 percent based on elevation contours across the area presented on the local USGS 7.5- minute topographic quadrangle. 2) The land eliminated from the required buffer area does not include highly erodible soils and /or the streambank along the stretch of river where the variance is requested is not unstable. No highly erodible soils are present in the area proposed to be eliminated from the buffer. According to the Natural Resources Conservation Service (NRCS) regional soil survey for the Aspen- Gypsum Area, Colorado, Parts of Eagle, Garfield and Pitkin Counties (NRCS 2004) the dominant soil unit in the proposed buffer reduction area is Almy loam, 1 to 12 percent slopes, which has slight to moderate potential for erosion hazard. The area is fully vegetated with a sod lawn and no bare ground was observed. The Prince Creek stream bank near the area proposed for buffer reduction is stable and fully vegetated to the waterline (see attached photographs). 3) The proposed use of the property does not present a special hazard to water quality or wetlands (e.g. storage or handling of hazardous or toxic materials). The area proposed for buffer reduction will be used for a proposed residential project consisting of demolition and removal of a below -grade swimming pool and installation of a circular drive. These activities will not introduce hazardous or toxic materials to the environment or adversely affect the water quality in Prince Creek. 4) The 100 -year or intermediate regional flood zone does not exceed the minimum 50 -foot required setback. According to the local FEMA Flood Insurance Rate Map (FIRM #080287), the property lies in an area where no base flood elevation has been determined. The property owner has observed that even during 2011, a year of record spring flooding in the region, Prince Creek did not overtop its existing banks on the property. 5) The proposed reduction in buffer area would not jeopardize any existing trees, shrubs or other natural features that contribute to streambank stability, habitat enhancement for aquatic species or riparian area protection. The proposed riparian buffer reduction and the proposed project will not affect, directly or indirectly, any exiting trees, shrubs, or other RARE EARTH ScivicE 0 u u 2 2 Powell / dk architects, Ilc September 27, 2012 Page 3 natural features that contribute to bank stability of Prince Creek, to aquatic species habitat enhancement, or to riparian area protection. The areas to be included in the buffer reduction and project activities are vegetated with a Kentucky bluegrass lawn. 6) The proposed reduction to the required buffer area would not adversely affect any habitat for plant, animal or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service. No species listed as threatened or endangered by the U. S. Fish & Wildlife Service is dependent on the proposed buffer reduction area or upon the reach of Prance Creek crossing the property. According to the USFWS species report for Pitkin County found at http: / /ecos.fws.govAess ublic% listed species occurring or with the potential to occur in Pitkin County are the yellow - billed cuckoo, Mexican spotted owl, greenback cutthroat trout, Ute ladie's tresses, Uncompahgre fritillary butterfly, Canada lynx, and North American wolverine. The yellow - billed cuckoo requires for successful breeding riparian corridors characterized by extensive mature cottonwood galleries with diverse and vertically stratified understones. No appropriate habitat exists on the property for yellow - billed cuckoo. The Mexican spotted owl breeds in old growth conifer forests or cliff and canyon environments; no appropriate habitat exists on the property for Mexican spotted owl. The greenback cutthroat trout requires cold perennial mountain streams or coldwater lakes with spawning habitat. Prince Creek is periodically dry during summer months and is not appropriate habitat for greenback cutthroat trout. The Uncompahgre fritillary butterfly occurs above tree -line in patches of its host plant, snow willow. No suitable habitat lies on or near the property for this species. The wetland - obligate orchid Ute ladies' tresses occurs in the region in riparian wet meadows. No appropriate habitat for Ute ladies' tresses lies within the project area or the buffer reduction area, and this species was not observed on the property. Canada lynx and wolverine are both wide - ranging mammals that occupy timbered mountain environs. No habitat for lynx or wolverine is present on the property. 7) The proposed reduction to the required buffer area would not adversely affect any habitat for plant, animal or other wildlife species listed by the State of Colorado as rare, threatened, or endangered, species of special concern, or species of undetermined status. No species listed by the State of Colorado as rare, threatened, endangered, of special concern, or undetermined status is dependent on the proposed buffer reduction area or upon the reach of Prince Creek crossing the property. State - listed species with the potential to occur on or near the property include bald eagle and northern leopard frog, both State of Colorado Species of Concern. Since no adverse changes to the Prince Creek riparian corridors water quality, vegetation, or bank stability will occur as a result of the proposed buffer reduction or the proposed project activities, there will be no effect on these species. 8) The land eliminated from the required buffer area does not provide storm and flood water storage capacity needed to prevent or minimize flood damage. The Prince Creek channel through the property is relatively straight and incised, with very little capacity to store water or prevent or minimize downstream flood damage. The proposed buffer reduction area is not a wetland or a basin, and therefore has little capacity to store flood waters or prevent or minimize downstream flood damage. 9) The proposed reduction to the required buffer area would not adversely affect fish spawning, breeding, nursery or feeding grounds. The reach of Prince Creek on the property is not a fish spawning, breeding, nursery, or feeding ground. Prince Creek on the property is occasionally dry, and its flow dynamics are strongly influenced by upstream irrigation RARE EARTh SCIENCE UULiJ23 Powell / dk architects, Ilc September 27, 2012 Page 4 withdrawals. Proposed activities within the proposed reduced buffer area will have no effect on Prince Creek's flow regime or water quality. 10) The land eliminated from the required buffer area is not needed to preserve areas of special recreational, historical, archeological, scenic, or scientific interest. No areas of special recreational, historical, archaeological, scenic, or scientific interest exist in the proposed buffer reduction area. The buffer reduction area is private property vegetated with a Kentucky bluegrass lawn adjacent to a private residence. In conclusion, the proposed riparian buffer reduction at 1567 Prince Creek Road would not result in in water quality degradation, stream bank erosion, or a reduction in the quality of riparian or wetland habitat pursuant to standards set forth in Section 7 -20 -80(4) of the Pitkin County Land Use Code. Furthermore, the landowner proposes to enhance the near west bank area of Prince Creek (within the riparian buffer) with plantings of appropriate native endogenous trees and shrubs, which may include cottonwoods, aspens, Rocky Mountain maple, boxelder, mountain alder, redosier dogwood, currant, three -leaf sumac, hawthorn, silver buffaloberry, and coyote willow. Such plantings would increase the nativeness and naturalness of the Prince Creek riparian corridor, and enhance its wildlife habitat value. Sincerely, Rare Earth Science, LLC Dawn Reeder Principal Biologist Attachments Site Photographs OuuU24 RARE EARTh SCIENCE ""-VVrapn I. coodrg north -by- northeast at the Prince Creek corridor on the property. West bank is on the left (8/31/12), property. me west creek bank is on the doht (8/311121 . near the west bank of Prince Creek at the area of Proposed riparian buffer �reduction (8/31/12). ro ) TMM Horticultural Interests LLC 1567 Prince Creek Road Residence Site- SPeCific Analysis fora Proposed Reduced Riparian Setback 000025 r_,A Re ...... ;n D ---6 111 D nKn 7nn4Trust Willadean Doolin Adjacent Property Owners PID# 2463 - 1420 -0007 Cold Mountain Ranch LLLP 4239 HWY 133 Carbondale, CO 81623 Douglass and Dorothea Farris 1640 Prince Creek RD Carbondale, CO 81623 Peter & Constanza Koss 74 Meadow Court Carbondale, CO 81623 Emma Danciger 17194 Preston Rd Ste 102 Dallas, TX 75248 UJUJ27 DKD2004Trust Willadean Doolin 17194 Preston RD #102 201 N Mill St. #201 PMB 298 Aspen, CO 81611 Dallas, TX 75248 Flying Dog Ranch West Inc. Gary D Knaus C/O Richard McIntyre 0132 Meadow Ct. 1625 CR 111 Carbondale, CO 81623 Carbondale, CO 81623 Ralph & Patricia Wanner Gary & Norma Barr PO BOX 158 149 Meadow CT. Carbondale, CO 81623 Carbondale, CO 81623 Agreement for Payment PID# 2463 - 1420 -0007 uuu.u26 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Horticultural Interests, I(c (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for _ 1567 Prince Creek Rd. PID # 2463 - 1420 -0007 (hereinafter, T14E PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 030 -2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ $3511 _ which is based on 10 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director Effective 01/26/2010 G w=rjWrnin\fo v \ageemem to pay UUU02� APPLICANT Horticultural Interests, Ilc Mike McCoy Manager Print Name /.A k„ ,} / Signature Date: /a 19112- — Mailing Address: _ 1567 Prince Creek Rd Carbondale CO SOOVS'29'E 27.18' 0OVNOI0J'ALNfl00NDILId wo engvaPgW"Pv)mnaj W.�.. aanyre„puhuwP = I I I OtlOL A.LNflOD L991 ZZ60-6LE (OL6) EMII-CEE (00) c NVId HIS W Hd0'IHANH AIIAI.I JV HJ.VHH O NIAUM dY C19R I'T13MOd SINN3O DTI `S,LSmINI rlvu rlf10I.I?IOH 03II `Sj3oj!g3ju 31P \ z a= S a 6u .s h 5 N 0 0 � � £i Hi l k v § - $ A architects, 11c. o_,m_c:_" KEmC_m c _» _ ,gym_._ _@dk—�: © HORTICULTURAL INTERESTS LLC ' ACTIVITY ELOPE & SITE PLAN 1567 COUNTY ROAD I I MUN COUNTY, cLORADO q � el ! §| � \ •& INN 7; ` !| �i4 \ h �- \)| L !| ■ || � � �* E! A {$ [| f! � / « 9 / m \ z !; i !| |� �7 q !� »! 6�'ysa River \ � � « ®� w :& � \ . & k � K & & ® �& ■| & K pv0 a a U |k f| �l § §■ § - $ A architects, 11c. o_,m_c:_" KEmC_m c _» _ ,gym_._ _@dk—�: © HORTICULTURAL INTERESTS LLC ' ACTIVITY ELOPE & SITE PLAN 1567 COUNTY ROAD I I MUN COUNTY, cLORADO ` AM PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on December 17, 2012, the Pitkin County Community Development Director granted approval for the Horticultural Interests LLC Activity Envelope and Site Plan Review (Case P095 -12; Deter. 4095- 2012). The property is located at 1567 Prince Creek Road, and is legally described as a tract of land situated in Sections 14 and 15, Township 8 South, Range 88 West of the 6`h P.M. The State Parcel Identification for the property is 2463 - 142 -00 -007. This site - specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S /Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly, on JANUARY 3, 2013 PUBLIC NOTICE RE: Horticultural Interests LLC Activity Envelope and Site Plan Review (CASE# P095 -12; PID 2463- 142 -00 -007) NOTICE IS HEREBY GIVEN that an application has been submitted by Horticultural Interests LLC (1567 Prince Creek Road, Carbondale, CO 81623) requesting an Activity Envelope and Site Plan approval for site work, a small addition, and restoration of riparian and wetland habitat along Prince Creek Road. The property is located at 1567 Prince Creek Road, and is legally described as a tract of land situated in Sections 14 and 15, Township 8 South, Range 88 West of the 6`h P.M. The State Parcel Identification for the property is 2463 - 142 -00 -007. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920 -5482. Published in the Aspen Times Weekly on October 25, 2012. Attention All Property Owners within 300' of the subject property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by November 26 2012. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. http:// www .aspenpitkin.comIPortals /0 /docsl county/ Com% 2ODev IPlanningILand_Use_Applicatio ns /P095_12_app.pdf County of Pitldn ) AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2 -20 -100 1, Dennis Powell, being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2 -20 -100 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 2 weeks prior to the public comment deadline to all owners of property within 300' of the subject property, as indicated on the attached list, on October 25, 2012 (which is 30 days prior to the deadline of November 26, 2012). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the October 25, 2012, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. Pesik1I5 Powell Applicant's name I (fit 44'6��12' :6m-o Signature Signed before me this,�q day of 201aby WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 08- mm �vt { !e . ir. � f � •� L.: s% Z � -fly LU vi ... }. .. u e O Z n = J W ~ ca y Z c W J 4 d U i: e' O W U I Z � -fly CTI M H�. U� c � S Q Sly (b �z'I G 3 0 0 N V4 a J ry 1� �y .q f� i.0 F.: _ s I D J O� C a � � 4 3 0 0 N V4 a J ry 1� �y .q f� i.0 F.: _ s I Cold Mountain Ranch LLLP 4239 HWY 133 Carbondale, CO 81623 Douglass and Dorothea Farris 1640 Prince Creek RD Carbondale, CO 81623 Peter & Constanza Koss 74 Meadow Court Carbondale, CO 81623 Emma Danciger 17194 Preston Rd Ste 102 Dallas, TX 75248 DKD2004Trust Willadean Doolin 17194 Preston RD #102 201 N Mill St. #201 PMB 298 Aspen, CO 81611 Dallas, TX 75248 Flying Dog Ranch West Inc. Gary D Knaus C/O Richard McIntyre 0132 Meadow Ct. 1625 CR 111 Carbondale, CO 81623 Carbondale, CO 81623 Ralph & Patricia Wanner Gary & Norma Barr PO BOX 158 149 Meadow CT. Carbondale, CO 81623 Carbondale, CO 81623 r*: Tt. I f II 1��4 r'. ti 4 .� .: E.� j.; �s '� =1 y' -(!_ PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 October 16, 2012 Dennis Powel PO Box 4121 Basalt, CO 81621 denniskdkarchitects.us.com Re: Horticultural Interests LLC Activity Envelope and Site Plan Review (PID #2463 - 142 -00 -007; Case# P095 -12) Dear Mr. Powel: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300' of the subject property with the return address of the Community Development Department (copy of notice will be emailed to you by the Community Development Department) by October 25, 2012. 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 mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by November 26, 2012. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 9h day of November, 2012, which is at least fifteen (15) days prior to November 25, 2012. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2 -20 -100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 I �lilu[i :: ► 1 ilT�l To: Pitkin County Zoning Officer Colorado Parks and Wildlife FROM: Mike Kraemer, Community Development Department Michael.kraemerkco.pitkin.co.us Re: Horticultural Interests LLC Activity Envelope and Site Plan Review (PID 2463 - 142 -00 -007; Case P095 -12) DATE: October 16, 2012 Attached for your review and comments are materials for an application submitted by Horticultural Interests LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Monday, November 25, 2012. http:// www. aspenpitkin. com/ Portals /0 /docs /county /Com %20Dev /Plannin Land Use AP plications/P095 12 app.pdf Thank you. PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00033054 Name: Michael McCoy Date:10/8/2012 Project Address: 1567 PRINCE CREEK RD Type: check # 5432 Permit Number Fee Description Amount 0095.2012.PLAN PP- Flat Fee 3,120.00 0095.2012.PLAN PP- Clerk Tech Fee 25.00 0095.2012.PLAN PP- Public Notice Fee 54.00 0095.2012.PLAN PP- Planning Eng Referral Fee 312.00 Total: 3,511.00 71 5B $" °aab Vie@ o= S G F P PERU $yam .Edg R3� n w. w'w rypm� e a a g G R 5 G y a p o�G A v m y6Va F r Fd ... r ' P.1 o $ OUR Er a" ae f 0 I� n 5 { Py `? 4 44 b 9h � .nsq�t Crystal River 9 aac,� aouud � 0 as HE to D n '+ dk llc. dk llc. xaxncm,ivan�,wrziusis, btc HORTICULTURt�L INTERESTS, LLC architects, architects, A ENVELOPE ACTIVITY ENVELOPE &SITE PLAN Lem • o � DENNIS POWELL, LEED AP KEVIN C HEATH (970) 333 -1043 (970) 379-0922 1 1567 COUNTY ROAD 111 at as [oi •e ana oa 'A••m •+nta 'tt}P ^PJ •an 'v mtu•e 00'1g6 a 'e d0 [ 'NY Cstas; Mob 04 60 a• s[aL /90 /[0 'oecSSS °IanIJAiWa ,ronod -Y (970) 379-0922 1 1567 COUNTY ROAD 111 �. r r� � � d dmnis��archiheta.w.eom kevin ®dkuchitxb.ue.com p pITgIN COUNTY COLORADO Mob 04 60 a• s[aL /90 /[0 'oecSSS °IanIJAiWa ,ronod -Y I N \ S. 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