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THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
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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 (I 1x17)
RECEPTION #: 599206, 05/02/2013 at
08:58:14 AM,
1 OF 9, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
PITKIN COUNTY, COLORADO, APPROVING THE FELDMAN ACTIVITY ENVELOPE AND
SITE PLAN REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION FOR A CARETAKER
DWELLING UNIT
Administrative Decision Nof�,& -2013
RECITALS
I ) Nathan Feldman (hereafter "Applicant ") has applied to the Community Development Director of
Pitkin County (hereafter "Director ") to establish an Activity Envelope to encompass all site
development, and obtain Site Plan review approval for a new single family residence, caretaker dwelling
unit, and other associated development.
2) The property is located at 101 Cherokee Lane adjacent to the Swiss Village Tracts and Avalanche
Ranch, and is more specifically described in Exhibit A.
3) The parcel contains 10.73 acres. The lower portion of the parcel where development is proposed is
within the AR -10 zone district; the upper portion is within the RS -30 zone district. There are two
existing structures on the property that were constructed by the prior owner without land use approvals or
building permits; these structures will be removed.
4) The Director finds that the request complies with the applicable provisions of the Land Use Code
( "Code "), as follows:
A) There is a mapped potential avalanche hazard area on the property. Art Mears, P.E., Avalanche -
Control Engineer, identified blue and red avalanche hazard zones on the property and determined
that the main residence avoids the blue and red avalanche hazard zones. The originally proposed
location for the caretaker dwelling unit was within the blue zone, but the unit has been relocated
adjacent to the residence in order to avoid the blue zone. Therefore, the residence and caretaker
dwelling unit comply with Sec. 7- 20 -50(a) by avoiding the red and blue avalanche hazard zones.
B) There is a drainage channel that flows from west to east through the northeastern portion of the
property. Debris flow events may occur within the channel. Yeh and Associates, Inc. assert that
debris flows will not affect the proposed building site or the driveway. Therefore, the residence
and caretaker dwelling unit comply with Sec. 7- 20 -50(d) by avoiding the area affected by the
debris flow. The area on the east side of Cherokee Lane could be affected by debris flows; a
landscape envelope is proposed in this area to accommodate a lawn, but no other development is
proposed in this area.
C) There are two potential rockfall sources above the building site. Yeh and Associates Inc. assert
that the rockfall hazard at the primary building site (residence and caretaker dwelling unit) is
negligible and does not require mitigation. Yeh evaluated a secondary site below the proposed
residence and determined that there was a low rockfall hazard at that site. No structures are
proposed in this area in compliance with Sec. 7- 20 -50(c) of the Code, which prohibits
development in rockfall areas. A landscape envelope is proposed in this area for a lawn, but no
other development is proposed in this area.
D) The Colorado Geological Survey concurs with the analysis and recommendations made by Yeh
and Mears.
E) There is a blue line stream that runs from west to east through the northeastern portion of the
property. The building envelope for the residence and caretaker dwelling unit comply with the
Administrative Decision No6&-2013
Page 2
required 100' setback from the high water line. An access envelope along the existing driveway
encroaches into the 100' setback, as does a landscape envelope below the driveway. Sec. 7-20 -
80(a) allows for roads and similar facilities within the 100' setback, "upon a finding that there is
no feasible alternative location and that any adverse impacts will be mitigated..." There is no
feasible alternative location for the driveway and the Applicant will mitigate any impacts.
F) The wildfire hazard is rated as severe, and can be mitigated pursuant to the provisions of Sec. 7-20 -
60(c) of the Code.
G) The activity envelope primarily contains slopes of less than 30 %. Slopes in excess of 30% within
the envelope are man -made in association with the prior development of the site and are
anomalies in an otherwise continuous slope of less than 30 %. The Code permits development in
these areas of slopes in excess of 30 %, pursuant to Sec. 70- 20- 20(c)(3).
H) The parcel is within mapped elk winter range. The redevelopment of the site will have minimal
additional impacts on wildlife.
1) The site is visible from Highway 133. The development complies with the Scenic View
Protection Area criteria in Sec. 7- 20- 120(d) of the Code. The residence and caretaker dwelling
unit do not break a ridgeline; are located on the lowest portion of the site; and avoid steeper
slopes to the west. The residence and caretaker dwelling unit are sited at a substantial distance
from the highway and will be added to a viewplane that already includes existing residences in
Swiss Village and Crystal River Estates. The mass is reduced by detaching the caretaker
dwelling unit, and utilizing pitched roof and porch elements and dormers.
J) The proposed ground- mounted solar energy collectors comply with Sec. 4- 30 -50(h) of the Code.
The solar energy collectors will be used primarily for on -site purposes, and will not protrude
above a ridgeline or be visible from any surrounding properties.
K) The caretaker dwelling unit complies with the applicable provisions of the Code, including Sec. 4-
20-50(e), use specific standards for Caretaker Dwelling Units; Sec. 2- 30- 30(h), Special Review
criteria; and Sec. 6- 30- 40(c), GMQS exemption for a caretaker dwelling unit.
APPROVED by the Director, subject to the following conditions, which shall run with the land and be
binding on all successors in interest:
1. The Applicant shall adhere to all material representations made in the application and shall consider those
representations to be conditions of approval, unless amended by other conditions.
2. The property is exempt from growth management for up to 5,750 square feet of floor area. The floor
area of the caretaker dwelling unit shall be included in the total allowed floor area for the lot.
3. Prior to submission of any building permit applications, the Applicant shall be required to submit for
approval by the County Attorney and Community Development a Site Plan with 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 of them. The Site
Plan shall be amended as follows, prior to submission for recordation:
A. The caretaker dwelling unit shall be moved adjacent to the north side of the residence and the portion
of the building envelope that encompassed the originally proposed caretaker dwelling unit shall be
eliminated
B. The proposed landscape envelope and "construction access" above the residence shall be removed,
since it is no longer needed for access to caretaker dwelling unit.
C. The building envelope for the residence and caretaker dwelling unit and the utility envelope for the
solar panels shall be revised to avoid the blue avalanche hazard area.
Administrative Decision NoaA_2013
Page 3
4. With the building permit applications for the residence and caretaker dwelling unit, the Applicant shall:
A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and
fire protection purposes for two dwellings, and for irrigation purposes, if applicable. Water supply
for fire- fighting is available at the northern edge of the lot in the Crystal River Estates
Subdivision, therefore, the Fire Marshal has not required an on -site supply.
B. Submit a drainage and erosion control plan for review and approval by Planning/Zoning. If the
development disturbs one (1) acre or more, the Applicant shall apply for and obtain a State
Stormwater Permit. All historic and natural drainage patterns shall be maintained.
C. Submit a large scale construction management plan for review and approval by Planning/Zoning.
D. Complete a fireplace /woodstove registration form with the Community Development
Department, if necessary.
E. Submit a tree mitigation plan for the removal of trees larger than 6" DBH. Diseased trees do not
require mitigation; a certified arborist must evaluate the trees to verify.
F. Submit a landscaping plan.
G. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes.
H. Submit a lighting plan.
1. Submit a report from an engineer licensed in the State of Colorado that addresses the slopes in excess
of 30% within the activity envelope to be disturbed during construction and demonstrates that the
ground surface of these slopes is not prone to instability and that the proposed re- grading will not
cause greater instability or increase the potential for slope failure along those disturbed slopes.
5. Prior to issuance of the building permit applications for residence and caretaker dwelling unit, the
Applicant shall:
A. Pay the applicable road and employee housing impact fees.
B. Obtain an Access Permit for improvements to the existing driveway. The width of the driveway
shall be increased to a minimum of 16' in order to maintain the existing grades in excess of 12 %.
The Carbondale Rural Fire Protection District will not require a turnaround on the property, as fire
personnel can access the residence from Cherokee Lane.
C. Obtain an On -Site Wastewater Treatment System ( "OWTS ") Construction Permit application from
Environmental Health.
6. Areas disturbed by construction shall be re- vegetated within one growing season of the project's
completion.
No development in excess of 30" above or below natural grade shall occur within the setbacks of the
parcel, with the exception of driveways and associated retaining walls of up to 6' above or below
natural grade and fencing. Landscaping in the form of berms within the setbacks shall not exceed
four feet from the most restrictive grade. Any development located within setbacks mandated by
County zoning regulations that does not comply with these restrictions shall require a variance from
the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure
approval of a variance.
8. The exterior of the structures shall utilize indigenous earth tone materials or colors and the roofs shall
have a non - reflective color or composition. Reflective roof materials shall not be used unless the
materials are treated prior to installation to eliminate reflectivity, with the exception of materials
Administrative Decision No& -2013
Page 4
associated with solar or photovoltaic equipment. Driveway lighting is prohibited and all other
lighting shall comply with the lighting code.
9. The solar energy collectors and other ancillary development (racking assembly, balancing system,
utility boxes, etc.) shall have a "matte" finish or be of a non - reflective material /color. The collectors
shall not exceed 12' in height.
10. The Applicant shall comply with the following standards for Development in a Severe Wildfire
Hazard Area:
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, 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):
1) Brush, debris and non - ornamental vegetation shall be removed and not replaced within a 10'
perimeter around all structures. Grasses, forbs and irrigated ornamentals are allowed within this
perimeter, as long as they are not brushy or coniferous.
2) Clumps of brush up to a 60' perimeter around all structures (or to lot boundaries) shall be
thinned to 60% of the original canopy, leaving approximately 40% of the original brush canopy
cover. Maximum diameter of the remaining clumps shall be % the height of the fuel. All
measurements shall be from the edges of the crowns of the fuel. Shrubs shall be cut at the
surface, and cut material shall be removed. Grubbing out of stumps is not necessary. Re-
sprouting will occur, but fuel moistures will be high and would reduce fire hazards. No
remaining clumps should be larger than approximately 25' in diameter. Thinning can be done in
an aesthetically pleasing manner and heavier thinning should occur nearer to and below the
structures. Re- sprouting shrubs will likely need to be re- thinned within 10 years.
3) No conifers may be within 20' of structures, and no conifers shall be planted below (down slope)
of the structures. Tree crown separation shall be a minimum of 20', except for aspen trees, for
which a tree crown separation is not required.
4) No branches shall be within 15' of a chimney and no branches shall be within 15' of the
structures.
5) All deadfall and dead branches on shrubs shall be removed up to a 100' perimeter from all
structures (or to lot boundaries).
6) No flammable mulches shall be placed within 2' of any structure.
7) Installed or native landscaping within 20' of any structures should not contain any brushy
species; only grasses or forbs are allowed. Aspen trees are allowed near the structures, as long as
they are not within 10' of the structure, and are kept limbed to 10' (unless the trees are less than
10' tall). No trees of any species may be within 15' of any window.
8) No conifers are allowed within 15' of the driveway. Remove all deadfall within 25' on the
downhill side of the driveway. Remove 50% of the canopy of shrubs within 15' on either side of
the driveway. All understory shrubs must be cut to the ground surface.
9) Low vegetation (grasses, forbs and low shrubs) shall be kept mowed to less than 6" within at
least 10' on either side of the driveway during the summer.
10) The applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted
Building Code. No wood shakes or shingles. All other adopted Building Code compliant
Administrative Decision Nqq -2013
Page 5
methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they
comply with the following:
1) All roof coverings shall be constructed of non - combustible materials and installed on a Class
A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
3) Protrusions above the roofline, such as parapets, shall be prohibited, unless specifically
approved by the Fire Marshal.
4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
C. Roof Venting:
I) Soffit venting shall be located in the outer UP portion of the overhang.
2) Attic, soffit and other roof venting shall be of non - corrosive metal mesh with maximum ''/4"
openings.
D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other:
One hour rated material or any material underlain by 5/8" Type X gypboard or equal, or "Type
IV" Heavy Timber materials, per the currently adopted building code. Projections shall be
constructed so that they do not trap, hold or retain leaves or debris that may be ignited by burning
brands carried by air currents from any fire in the area.
E. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
1) Construction with noncombustible or one (1) hour rated material, or material with flame
spread <25 (tested to ASTM E84 and listed for exterior use), or
2) Conventionally framed deck with waterproof surface and underside protected with 5/8" Type
X gypboard or equal (decking as "I" above), or
3) "Type IV" Heavy Timber materials: joist and beams minimum 6 "x10 ", columns minimum
8 "x8 ", decking minimum 4" in depth, or decking as "1" above; or equivalent log
construction, or
4) Areas below projections shall be protected from accumulation of vegetative materials by
placement of a vegetative barrier covered with rocks or gravel or shall be concrete or stone.
There shall be no storage of combustible materials under projections. Walls under
projections shall be constructed of materials approved for one hour fire resistive construction
on the exterior side of the wall.
F. Railings: Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials.
G. Exterior of the Structure, Including All Walls:
1) One (1) hour fire resistive rated materials from ground level to roofline, or
2) 5/8" gypboard underlying combustible materials, or
3) Cement stucco, minimum 1/4" thickness.
Administrative Decision Nob (P -2013
Page 6
4) Glazed openings to the south, east and west shall be provided with closing, solid, exterior
non - flammable shutters or shall be of tempered glass; and
5) Doors to be tempered glass, metal, or wood 1'?/<" thick minimum.
H. Foundations: Foundations, skirting, and crawl space openings shall be fully enclosed and
constructed with materials approved for one (1) hour fire- resistive construction on the exterior
side of the walls and shall extend from the top of grade to the underside of the floor decking or
walls.
1. Maintenance and Miscellaneous Requirements
1) Roofs and gutters shall be kept clear of debris.
2) Any outbuilding shall adhere to the same wildfire requirements.
3) Yards shall be kept clear of all litter, slash and flammable debris.
4) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet
away from any structure.
5) Weeds and grasses within a fifteen (15) foot perimeter and under trees, bushes and brush
shall be maintained to a height not more than six (6) inches.
6) Firewood /wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet
away from the structure.
7) Non saltwater swimming pools shall be accessible by the local fire district.
8) Fences shall be kept clear of brush and debris.
9) Wood fences shall not connect to other structures.
10) Fuel tanks shall be installed underground with an approved container.
11) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on
a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be constructed with
materials approved for two (2) hour fire- resistive construction on the exterior side of the
walls.
12) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
13) Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be
visible at the primary point of access from the public or common access road and installed on
a non - combustible post.
14) Utilities shall be extended underground.
11. The Applicant shall comply with the following conditions regarding wildlife:
A. Manipulation of vegetation outside of the activity envelopes is prohibited, except as necessary to
comply with the wildfire hazard mitigation measures.
B. Contractors shall be prohibited from bringing their dogs on -site.
C. Landscaping shall not include nut, berry or fruit producing trees or shrubs to minimize an
attractant to bears.
D. Trash/garbage shall be kept in an approved bear resistant container or enclosure as required by
the County's Wildlife Protection Ordinance.
E. All outside doors shall utilize only solid round handled door knobs unless another type is required by
the applicable building code for disabled accessibility purposes.
F. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and
shall be at least 10' from the ground suspended between 2 trees or posts. All seed feeders shall
include a seed catchment pan to catch discarded seeds. Bird feeders should be removed from April
through November.
Administrative Decision No. 002013
Page 7
G. Fencing shall comply with the following, except for fencing immediately adjacent to the
buildings to contain pets or livestock:
1) Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed
48 inches in height above ground level and 12 inches in width (top view), and shall have at
least 18 inches between two of the rails.
2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42
inches in height.
3) Mesh or woven wire fences are prohibited, except when used for protection around isolated
trees or clumps of trees.
12. After any debris flow event in the drainage channel that flows from west to east through the
northeastern portion of the property, the Applicant shall remove (and /or coordinate with the neighbors
to remove) any debris that blocks the culvert that passes under Cherokee Lane.
13. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Applicant shall obtain
and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the
unit shall be submitted to the Housing Office with the deed restriction. Prior to issuance of a Certificate
of Occupancy, the Housing Office may inspect the unit.
14. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake
and broil, sink of at least 14 "W X 16 "D X 5.25 "H, and at least a 5.3 cubic foot refrigerator and 0.73
cubic foot freezer. Two off -street parking spaces shall be provided for the unit. The caretaker dwelling
unit must have separately accessible utilities. This does not preclude shared utilities.
15. No development shall occur outside of the approved activity envelopes, with the exception of
vegetation removal necessary to comply with the wildfire mitigation measures described above.
16. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelopes and install construction fencing around the construction site
within the perimeter of the envelopes. The fencing shall remain in place until issuance of a Certificate
of Occupancy.
17. 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. Any
structures represented in the application may not be permitted under building and zoning regulations.
18. 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.
19. 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
m 2016.
Administrative Decision Nc--?_U-2013
Page 8
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
20ih day of December, 2012.
APPROVED by the Director, this I.st day of�, 2013.
PUBLISHED AFTER ADO TION FO VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the /6 day o9 , 2013.
id�y —Houben,
Community Development Director
PID #264929100007
P112 -12
1:0.4 91131r:�
A PARCEL OF LAND SITUATED IN THE SW114NE1/4 OF SECTION 29, TOWNSHIP 9 SOUTH, RANGE 8B WEST OF THE SIXTH
PRINCIPAL MERIDIAN, LYING EASTERLY OF THE CENTERLINE OF A 30 FEET ROADWAY, SAID PARCEL OF LAND BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE A STONE FOUND IN PLACE AND PROPERLY MARKED FOR THE EAST QUARTER CORNER OF
SAID SECTION 29 BEARS: S. 89 degrees23'55" E. 1606.21 FEET; THENCE N. 72 degrees20'00" W. 57.82 FEET TO A POINT IN THE
CENTER OF SAID ROADWAY; THENCE N. 17 degrees5l'00" W. 104.43 FEET ALONG THE CENTER OF SAID ROADWAY;
THENCE 112.50 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 143.24 FEET; THE CHORD OF WHICH
BEARS; N. 04 degmes39'00" E. 109.63 FEET;
THENCE N. 27 degrees09'00" E. 7.42 FEET ALONG THE CENTER OF SAID ROADWAY;
THENCE S. 72 degrees20'00" E. 142.57 FEET;
THENCE S. 17 degrees40'00" W. 200.00 FEET TO THE POINT OF BEGINNING.
AND
A PARCEL OF LAND SITUATED IN THE E112 OF SECTION 29, TOWNSHIP 9 SOUTH, RANGE 8B WEST OF THE 6TH PRINCIPAL
MERIDIAN WHOSE EASTERLY BOUNDARY IS THE CENTER LINE OF A THIRTY FOOT ROAD EASEMENT, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF SAID ROAD EASEMENT WHENCE THE EAST QUARTER CORNER OF SECTION
29, TOWNSHIP 9 SOUTH, RANGE 88 WEST BEARS S. 77 degrees26'41" E. 1708.45 FEET;
THENCE ALONG A CURVE TO THE RIGHT ALONG SAID CENTER LINE WHOSE TANGENT BEARS S. 12 degrees28' E., HAVING A
RADIUS OF 196.11 FEET AND A CENTRAL ANGLE OF 38 degrees39' AN ARC DISTANCE OF 132.28 FEET TO A POINT OF REVERSE
CURVE;
THENCE ALONG SAID CURVE TO THE LEFT ALONG SAID CENTERLINE WHOSE TANGENT BEARS S. 27 degreesl0" W, HAVE A
RADIUS OF 143.24 FEET AND A CENTRAL ANGLE OF 45 degrees00' AN ARC DISTANCE OF 112.50 FEET TO A POINT OF TANGENT;
THENCE S. 17 degrees50' E. ALONG SAID TANGENT AND ALONG SAID CENTERLINE 104.43 FEET TO A POINT OF CURVE;
THENCE ALONG SAID CURVE TO THE RIGHT ALONG SAID CENTERLINE HAVING A RADIUS OF 114.59 FEET AND A CENTRAL
ANGLE OF 21 degreesOD' AN ARC DISTANCE OF 42.0 FEET TO A POINT OF TANGENT;
THENCE S. 03 degreesl0' W. ALONG SAID TANGENT AND ALONG SAID CENTERLINE 25.24 FEET TO A POINT OF CURVE;
THENCE ALONG SAID CURVE TO THE LEFT ALONG SAID CENTERLINE HAVING A RADIUS OF 95.49 FEET AND A CENTRAL
ANGLE OF 32 degrees03'49" AN ARC DISTANCE OF 53.44 FEET; THENCE S. 61 degrees06'11" W. 15.0 FEET TO THE WESTERLY LINE
OF SAID ROAD EASEMENT; THENCE N. 82 degrees50' W. 981.6 FEET;
THENCE N. 00 degrees40' W. 462.0 FEET;
THENCE S. 82 degrees5l' E. 879.0 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO
'u;li u 140
Form 13801 09/2008 wd.water.odt Q62004447 {12650952}
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and Nathan Feldman (hereinafter APPLICANT) AGREE AS
FOLLOWS:
APPLICANT has submitted to COUNTY an application for Activity Envelope and Site
Plan Review (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009
establishes a fee structure for land use applications and the pa}nnent of all processing fees is a condition
precedent to a determination of application completeness. The fee structure is basal on the County's policN
that development shall pay, in full, the cost of development review in Pitkin CountN. 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 legailc
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNFY'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 $2,496 which is based on 8 hours of stafftime. If actual time spent by staff to process the
application exceeds the average number of hours bN more than 20 %, then the COUNTY wilt bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made w ithm 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 APPLICANT
Cindy Houben
Community Development Director
000001 O� ��
Nathan Feldman
Signature
Date: 1 r
Mailing Address: 0101 Cherokee Ln
Carbondale, CO 81623
FELDMAN PROPERTY
APPLICATION FOR
DESIGNATION OF ACTIVITY ENVELOPE
AND SITE PLAN REVIEW
SUBMITTED BY
ALAN RICHMAN PLANNING SERVICES
BOX 3613
ASPEN, COLORADO 81612
920 -1125
NOVEMBER, 2012
OU0002
TABLE OF CONTENTS
PAGE
I. Project Description .............. ...............................
1
A. Application Request ......... ...............................
1
B. Property Description and Proposed Development .................
3
II. Standards for Activity Envelope and Site Plan Review ................
5
A. Site Preparation and Grading .. ...............................
5
B. Steep and Potentially Unstable Slopes .........................
6
C. Water Courses and Drainage .. ...............................
7
D. Geologic Hazards ........... ...............................
8
E. Wildfire Hazards ........... ...............................
11
F. Wildlife Habitat Areas ....... ...............................
19
G. River and Stream Corridors and Wetlands .....................
21
H. Scenic View Protection ...... ...............................
22
I. Landscaping and Vegetation Protection .......................
26
J. Roads, Driveway and Parking ...............................
27
K. Public Utilities and Services .. ...............................
28
III. Special Review for Caretaker Dwelling Unit ........................
29
IV. Use Standards for Caretaker Dwelling Unit .........................
31
V. GMQS Exemption for Caretaker Dwelling Unit ......................
33
VI. Conclusion .................... ...............................
34
EXHIBITS
#1. Deed to the Property
#2. Letter Authorizing Submission of Application
#3. Pre - Application Conference Summary
#4. Geologic Report Prepared by Yeh and Associates
#5. Wildfire Report Prepared by Rocky Mountain Ecological Services
#6. Well Permit
DRAWINGS
Vicinity Map
Scenic View Protection Photo Simulation
Proposed Activity Envelope /Site Plan
Proposed Elevations and Floor Plans
000003
I. PROJECT DESCRIPTION
A. Application Request
This is an application to construct a new residence, a caretaker dwelling unit and
associated accessory uses on the Feldman property, a 10.73 acre metes and bounds
parcel of land located in unincorporated Pitkin County. The property's street address is
101 Cherokee Lane, Carbondale, CO 81623. The Parcel ID# for the parcel is
264929100007. A vicinity map showing the location of this parcel in relation to
surrounding properties is included in this application booklet.
The application is being submitted by the owner of the property, Nathan Feldman
(hereinafter, "the applicant "). Proof of the ownership of the property is provided by the
deed, attached hereto as Exhibit #1. The applicant's representative for this application is
Alan Richman Planning Services, Inc. A letter from the applicant confirming this
arrangement is attached as Exhibit #2.
A pre - application conference was held with a member of the Community Development
Department. The Pre - Application Conference Summary issued by the staff (see Exhibit
#3) states that the review procedures applicable to this proposal are as follows:
Activity Envelope and Site Plan Review; and
Special Review and GMQS Exemption for a Caretaker Dwelling Unit
The applicant also requests that the development be granted vested rights status,
pursuant to Sec. 2 -20 -170 of the Pitkin County Land Use Code.
The Pre - Application Conference Summary requests that the following sections of the
Pitkin County Land Use Code be addressed by the applicant to designate an Activity
Envelope and obtain Site Plan approval:
Section 7- 20 -10:
Section 7- 20 -20:
Section 7- 20 -30:
Section 7- 20 -50:
Section 7- 20 -60:
Section 7- 20 -70:
Section 7- 20 -80:
Section 7 -20 -120:
Section 7 -20 -130:
Section 7 -30:
Section 7 -50:
Site Preparation and Grading;
Steep and Potentially Unstable Slopes;
Water Courses and Drainage;
Geologic Hazards (mapped alluvial fan)
Wildfire Hazard (mapped severe hazard area)
Wildlife Habitat (mapped elk winter range)
River and Stream Corridors and Wetlands
Scenic View Protection Areas;
Landscaping and Vegetation Protection;
Roads, Driveways and Parking; and
Public Services and Utilities.
In addition the following sections of the Code are requested to be addressed to obtain
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approval of a Caretaker Dwelling Unit:
Section 4- 30 -50e: Caretaker Dwelling Unit;
Section 6- 30 -40c: GMQS Exemption for a Caretaker Unit
The following sections of this application identify the Code provisions applicable to these
procedures and provide responses to the applicable County standards. First, however, a
brief description of the property and description of the proposed activity envelopes and site
plan are presented below.
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B. Property Description and Proposed Development
The Feldman property is a metes and bounds tract of land that is located adjacent to the
Swiss Village Tracts and to the Avalanche Ranch property. The property is accessed from
Cherokee Lane, a private road that intersects with Highway 133 between Carbondale and
Redstone. As shown on the vicinity map, there are many other residences located on
much smaller tracts on the land surrounding the subject property.
The applicant has not found any documents indicating that the subject property has gone
through any Pitkin County land use review process. Nevertheless, there are two small
structures on the property and an existing driveway in place. The structures include a
small rustic cabin and a very small shed, both of which were put there by the prior owner
of the property. The applicant has not found any evidence that either of these structures
was built pursuant to a valid County building permit. This may not be relevant as the
applicant does not plan to keep either of these structures as part of the site plan for the
property.
The applicant has prepared an Activity Envelope Site Plan for the property. The drawing
on the cover sheet shows the entire boundary of the property while the drawing on the
second sheet focuses on the lower portion of the property only, where the proposed
activity envelopes would be located.
The overall drawing shows that the property is nearly rectangular in shape. It consists of
three basic areas, as follows:
• The upper portion of the property (above elevation 6,950) is a relatively steep
hillside, with continuous slopes in excess of thirty percent. This area is covered
with brush and includes a number of significant natural features, including a
drainage ravine that flows through the northern portion of the property and a rock
outcropping that is a potential source of rockfall in the area. These geologic
features have been studied by the applicant and the potentially hazardous areas of
the property have been excluded from the proposed building envelope.
• The lower portion of the property that is on the west side of Cherokee Lane is
generally much less steep than the upper portion of the property. There are a
couple of minor slope anomalies in this area due to the prior installation of the
driveway but generally slopes are less than 30 %. Vegetation is somewhat more
broken up in this area due to the presence of man -made improvements that
resulted in the removal of brush. The cabin and shed are both located in this area.
• There is also a small portion of the property (0.54 acres) that is located on the east
side of Cherokee Lane. This area is also not steep and it contains an open area
that is not covered by brush. However, studies performed of this area indicate it
has the potential to be impacted by mud flows from the drainage ravine.
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The second sheet shows the configuration of the proposed activity envelopes and the
location of the planned improvements on the parcel. A 20' wide access envelope is shown
along the driveway. The existing driveway is only about 12' wide and has steep sections
with grades that exceed 12 %. The applicant conducted an on -site meeting with Bill
Gavette of the Carbondale and Rural Fire Protection District to review options for
improvements to the road. He stated that it was the District's preference that the driveway
be widened in its current linear configuration rather than trying to put some curves in the
drive that would make it less steep. The applicant has submitted a preliminary driveway
plan showing the improvements proposed to the driveway and will work with the Fire
District on the precise width and alignment for the improved driveway.
The proposed new cabin would be in the center of the activity envelopes, below where the
existing cabin is located. It is anticipated that this simple log cabin will be approximately
3,500 sq. ft. in size and will contain 2 bedrooms. A small 1 bedroom caretaker dwelling
unit (approximately 525 sq. ft.) is also planned on a flat spot just above the existing cabin.
Additional envelopes for accessory activities are also proposed, as follows:
Several landscape areas are shown, one below the house, where the applicant would
have a small yard with a sitting area and fire pit, and the other where the applicant would
plan to install Aspen trees and other "wet" vegetation to replace some of the brush and
other "dry" vegetation that must be removed to mitigate for the property's severe wildfire
hazard designation.
The applicant has also shown a utility envelope on the portion of the parcel to the east side
of Cherokee Lane. This would be where the leach field would be located. This location
was chosen to be sufficiently distant from the existing well, which is located below the
proposed cabin site. It is also relatively flat, making it suitable for the leach field.
The applicant also plans to install ground mounted solar energy collectors in the envelope
shown to the west of /just below the house. This location will ensure that the collectors will
be hidden from view from any surrounding properties. The applicant has reviewed the use
standards for solar energy collection devices in Section 4 -30 -50 (h) of the Code and has
the following responses to these standards:
(a) The devices will have a matte finish or be of a non - reflective color
(b) The collectors will not exceed twelve feet (12') in height.
(c) The height of the collectors will be measured as specified in the Code.
(d) The collectors have been located within an envelope designated on the site plan.
The conformance of the site plan and activity envelopes with the applicable standards of
the Land Use Code is addressed in the sections which follow.
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II. STANDARDS FOR ACTIVITY ENVELOPE AND SITE PLAN REVIEW
Chapter 7 of the Land Use Code establishes the standards related to the quality of
development in Pitkin County. Following are the applicant's responses to the applicable
standards of that chapter, as specified in the pre - application summary form.
A. Site Preparation and Grading (Sec. 7- 20 -10)
(a) Grading and Fill Placement. The applicant agrees that all grading and filling
associated with this project will take place within the designated activity envelopes.
(b) Clearing, Grubbing and Vegetation Removal. The applicant agrees that all
clearing, grubbing and vegetation removal associated with this project will take place
within the activity envelopes depicted on the site plan.
(c) Tree Removal and Mitigation. It is not anticipated that any trees with a caliper size
of 6" or greater will be removed as a consequence of the development of the planned
improvements. Most of the vegetation that is removed will be oak brush and similar
brushy species that must be thinned to mitigate for the wildfire hazard and to allow for the
planned structures to be installed. The applicant will submit a landscape plan at the time
of building permit review showing the additional trees and other native vegetation that is
proposed to be planted within the landscape and building envelopes.
(d) Protection of Natural Terrain. The applicant agrees to follow those design and
construction techniques that may be recommended by the County Planning Engineer or
the Community Development Director to mitigate any physical or visual damage from the
proposed development. This shall include, but not be limited to:
♦ Areas disturbed by the re- development of this property will be re- vegetated using
native grasses, shrubs and trees. Re- vegetation will be completed during the first
planting season after completion of the construction. A detailed grading and
landscaping plan will be provided as part of the building permit submission.
♦ Topsoil will be removed and saved prior to any mass grading or excavation, and will
be replaced following construction. A minimum of 6" of topsoil will be placed in
areas that are to be re- seeded.
♦ Appropriate weed prevention techniques will be employed that are consistent with
the provisions of the 2006 Revised Pitkin County Weed Management Plan.
♦ The County's adopted erosion and sedimentation control and stormwater
management standards will be followed. Sediment barriers will be placed on -site
as necessary to control the impacts of soil disturbing activities (see Section III.C,
below).
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B. Steep and Potentially Unstable Slopes (Sec. 7- 20 -20)
Section 7 -20 -20 of the Land Use Code provides standards for development on slopes of
less than 30 %, 30% to 45 %, and 45% and greater.
The overall site plan depicts topography throughout the property, illustrated as two foot (2')
contours within the activity envelope and ten foot (10) contours for the remainder of the
property.
An analysis of the slopes on the property demonstrates that while there are significant,
continuous areas of the property with slopes in excess of 30 %, none of those continuous
areas are located within the proposed activity envelopes. Therefore, the development
planned within the proposed envelopes is in compliance with Section 7 -20 -20 (d) of the
Code which allows development on slopes that are less than 30 %.
However, the site plan enlargement shows that there are two limited, discontinuous areas
within the proposed activity envelope with slopes that exceed 30 %. The applicant
concludes that these areas qualify as minor anomalies, as described in Section 7 -20 -20
(c) (3) of the Code. These areas appear to have been created by the prior disturbance
and clearing of the site, including the installation of the existing driveway cut. These
slopes are a discontinuous, man -made change in an otherwise continuous natural slope
and therefore fit within the Code's definition of a slope anomaly.
The applicant does not plan any significant development activities on these minor
anomalies as they are located either above or below where the cabin, ADU and other
improvements are proposed to be located. However, there is likely to be some grading of
these areas as part of the improvements to the existing driveway and during construction
of the residence. Therefore, prior to issuance of a grading permit for any development that
would alter the anomalies, the applicant agrees to have an engineer licensed in the State
of Colorado review the slopes in excess of 30% that are to be disturbed. The engineer will
be asked to demonstrate that the ground surface of those slopes is not prone to instability
and that the proposed re- grading will not cause greater instability or increase the potential
for slope failure along those disturbed slopes. This demonstration will authorize
disturbance of the minor anomalies pursuant to Section 7 -20 -20 (c) (3) of the Code.
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C. Water Courses and Drainage (Sec. 7- 20 -30)
(b) Encroachment or Channeling. No encroachment or channeling activities are
proposed as part of the development planned for the property.
(c) Drainage. The applicant agrees to prepare and submit a drainage report as part of
the building permit submission. The report will demonstrate how the planned
development will allow for positive drainage away from all structures and how
historical drainage flow patterns and runoff amounts will be maintained, as required
by adopted County Codes.
(d) Groundwater. No activities are proposed that would interfere with groundwater
recharge or pollute groundwater. No contaminants will be introduced into the
groundwater as a result of the proposed development.
(e) Irrigated Areas. The proposal will have no effect on water supplies available for the
irrigation of agricultural lands or any existing and decreed water rights.
(t) Irrigation Ditches. The applicant is not aware of any irrigation ditches in the vicinity
of the parcel that would be impacted by the proposed development.
(g) Sedimentation. The applicant will comply with the County's standards for
controlling sedimentation. This will be demonstrated via a grading and erosion
control plan that is included with the building permit submission. This plan will
locate and describe the erosion and sedimentation control measures that will be
installed during construction. Sediment barriers, to include straw check dams /straw
waddles, silt fences, and similar filtering devices will be placed down -slope of all
disturbed areas. Disturbed areas will be re- vegetated no later than one growing
season after completion of construction by applying native seed mixes and fertilizer
to disturbed areas. All areas that are seeded will have weed -free straw mulch
applied to them after seeding is completed.
(h) Water Quality.
(1) The applicant has located the proposed structures so they are not within
100' of any perennial stream corridor or wetland area.
(2) The applicant will comply with those state and federal statutes and
regulations concerning water quality that may apply to the proposed
development.
(i) Efficient Water Use. The applicant will comply with this standard.
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D. Geologic Hazards (Sec. 7- 20-50)
According to the County's geologic hazard maps, there is an alluvial fan that has the
potential to generate debris flows and mud hazards that could affect the property. On -site
inspection of the property also revealed the potential for rockfall hazards to affect the
property. Therefore, the applicant engaged Yeh and Associates to study these hazards
and to identify the appropriate areas of the property where the least possible hazard is
posed to improvements.
The summary report prepared by Sylvia White, Staff Geologist and Richard Johnson, P.E.
is attached as Exhibit #4. Based on their analysis and conclusions, the applicant was able
to determine that the proposed building envelope (the primary site) is the least hazardous
portion of the site from a geologic standpoint. Two other areas of the site which were
originally being considered for structures (which the report identifies as the secondary and
tertiary building sites) were dropped from consideration for structures because each
required some geologic hazard mitigation while the primary site avoids the hazards and
therefore did not require any such mitigation to be installed. Following is a summary of the
contents of the report.
1. Debris Flow Hazard
Yeh and Associates performed field mapping of the existing drainage channel that flows
through the northern portion of the property. The resulting drawing is included as Figure 1
of their report. It shows that the channel flows in a generally west to east direction across
the top of the property. It exits the property when it crosses under Cherokee Lane via an
existing, rather narrow culvert.
The report characterizes the debris flows as small events that are generally confined within
the existing drainage channel. However, the culvert under Cherokee Lane is not properly
sized to pass design level mud flow events. Therefore, during moderate to very large
events, the culvert is likely to plug or be overwhelmed. That results in mud flows over-
topping the culvert, as evidenced by the material that has been deposited on the property
across from the subject property.
The report concludes that the portion of the site where the building envelope is proposed
to be located is "topographically above the potential breach point of the existing channel
and anticipated debris flow path ". Therefore, it characterizes the debris flow hazard to the
envelope as "negligible ". However, the area across the road from the main building
envelope is below the culvert and could be subject to a hazard risk during a moderate to
very large event. The analysis indicates that when flows overtop the culvert, some of the
mud will run down Cherokee Lane at depths of 1' to 2'.
The applicant had considered this portion of the property as a possible building site at one
point but abandoned those plans due to this potential hazard. This area is, however,
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planned for use as the leach field location. The leach field is proposed to be located
toward the northern portion of this part of the site, at the greatest possible distance from
where the report indicates that a mud flow could impact this part of the property.
Response to Code Standards for an Alluvial Fan
Section 7 -20 -50 (d) of the Land Use Code states that development may be permitted
within an alluvial fan if the use:
(1) Is located and designed in accordance with a site evaluation and recommendations
of a qualified professional engineer or geologist licensed in the State of Colorado.
Response: As described above, site evaluations and recommendations have been
provided by qualified professional engineers and geologists who are licensed in the State
of Colorado. The planned development has been located in accord with their
recommendations to avoid the areas where the hazard could impact a planned structure.
(2) Is protected by channeling, damming or diverting potential mud or debris flows
utilizing engineering structures designed by a professional engineer or geologist
licensed in the State of Colorado.
Response: The proposed structures have been located so they will not be subject to the
debris flow hazard. The proposed leach field could be exposed to a mud flow event.
Therefore, if the County so requires, the applicant will design and install a diversion
structure (a berm) around the proposed leach field to protect it from a mud flow event.
Since no structures or human activities would occur at the leach field site, the applicant
requests that no such berm be required.
(3) Avoids disturbance in the drainage basin above the fan unless an evaluation of the
effect on runoff and stability of the fan shows that disturbance is acceptable.
Response: The applicant will not engage in any activities that would disturb the drainage
basin above the fan.
3. Rockfall Hazard
The field work identified two potential rockfall source areas that could affect the proposed
building envelope. Figure 2 in the report shows what it identifies as the upper and lower
source areas. The report indicates that "there is evidence of frequent rockfall events
originating from most of the cliffs ". Therefore, the authors of the report conducted a study
of the projected trajectories of rocks from the upper and lower source areas towards
portions of the building envelope.
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The modeling that was completed looked at the primary site (the proposed building
envelope) and the secondary site (the flat area below the existing cabin). This analysis
indicated that no rocks from the upper or lower sources reached the primary site but some
rocks could reach the secondary site. This led the applicant to remove the secondary site
from consideration for structures, with it being relegated to a landscape lawn area only.
Therefore, the report concludes that "the risk of rockfall at the primary site is negligible and
rockfall mitigation is not necessary". Since the hazard has been avoided by the proposed
site plan no response to the standards for mitigating rockfall hazards has been provided.
However, the applicant agrees to the following standards to ensure that the development
does not exacerbate the rockfall potential on the site:
The applicant agrees not to engage in any activities or development that would
(a) Increase water supply to cliffs or overhangs;
(b) Remove protective vegetation;
(c) Add weight or otherwise disturb overhanging strata;
(d) Make any excavations that remove underlying support; or
(e) Increase erosion that removes underlying support.
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E. Wildfire Hazards (Sec. 7- 20-60)
During the pre - application conference with staff, the applicant was informed that the
County's wildfire hazard maps designate this site as being in a severe wildfire hazard area.
A site visit was conducted with Eric Petterson, one of the County's designated wildfire
experts. The purpose of the site visit was to evaluate the wildfire hazard present on the
property and to identify the appropriate mitigation strategy for its development. A letter
from Mr. Petterson summarizing his conclusions from this site visit and providing his
recommendations for wildfire mitigation is included as Exhibit #5. Based on his site visit,
Mr. Petterson has confirmed that the proposed building envelope is located in an area that
is subject to a severe degree of wildfire hazard due to the combined effect of the slopes on
the property (some of which exceed 30 %) with the fuels around the home site (which are
continuous and brushy).
The mitigation standards for development in wildfire hazard areas are found in Section 7-
20-60 of the Land Use Code. Following are the applicant's responses to these standards.
(1) Defensible Space
(a) Brush, debris, and non - omamental vegetation shall be removed within a minimum
ten (10) foot perimeter around the structure.
Response: The applicant will comply with this requirement.
(b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the
fuels a minimum of a thirty (30) foot perimeter around a structure built on flat
ground.
(c) Spacing between clumps of brush and vegetation within the thirty (30) foot
perimeter shall be a minimum of two (2) times the height of the fuel. Maximum
diameter of the clumps shall be two (2) times the height of the fuel. All
measurements shall be from the edges of the crowns of the fuel.
Response: Mr. Petterson has modified these standards as they would apply to this
property. He recommends that clumps of non - coniferous brush and vegetation up to a
sixty foot (60') perimeter (or to the lot boundaries if more restrictive) be thinned by
removing 60% of the original shrubby canopy and that the maximum diameter of the
remaining clumps be limited to one -half (1/2) the height of the fuel. The applicant will
comply with these recommendations.
(d) All branches from trees and brush within the thirty (30) foot perimeters shall be
pruned to a height of 10 feet (10) above the ground, and removal of ladder fuels
from around trees and brush.
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Response: The applicant will comply with this requirement.
(e) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of
ten (10) feet between the edges of the crowns, except for mature stands of Aspen
trees where ladder fuels have been removed. In areas of Aspen re- generation,
understory shrubs and down and dead materials shall be removed.
Response: Mr. Petterson recommends that tree crown separation be a minimum of 20'
except for Aspen trees, which do not need to have a tree crown separation. The applicant
will comply with that recommendation.
(fJ All branches that extend over the roof eaves shall be Mmmed and all branches
within fifteen (15) feet of the chimneys shall be removed.
Response: The applicant will comply with this requirement and will also comply with the
requirement that no branches may be located within fifteen feet (15') of any structure.
(g) The density of fuels up to a one hundred (100) foot perimeter of the structures shall
be reduced where natural reduction has not already occurred.
Response: Mr. Petterson has not recommended that this standard apply to this
property.
(h) All deadfall up to a one hundred (100) foot perimeter shall be removed.
Response: The applicant will comply with this requirement.
(i) The property owner shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
Response: The applicant will comply with this requirement.
Q) No new conifer trees shall be planted within ten (10) feet of a residence.
Response: Mr. Petterson recommends that no coniferous trees be planted within 20' of
the residence or anywhere below the residence. He also recommends that installed or
native landscaping within twenty feet (20') of the house be limited to grasses and forbs and
not contain any brushy species. Aspen trees are allowed near the house, but may not be
within ten feet (10') of the structure, and shall be kept limbed to ten feet (10') unless the
tree is less than ten feet (10') tall. The applicant will comply with these recommendations.
(k) No flammable mulches shall be placed within two (2) feet of a residence.
Response: The applicant will comply with this requirement.
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2. Access
(a) Access roads and driveways shall be built to County standards; however, these
standards may be increased to mitigate wildfire hazards based on comments
provide by the Colorado State Forest Service, the Sheriffs Department, local fire
protection districts, and/or a person approved by the County as an expert in wildfire
areas and mitigation. Where feasible, looped routes of access/egress to a public
road shall be incorporated in the design of a proposed development. Looped
routes of access/egress is defined as two (2) or more dedicated access roads to
the main artety/highway for widely separated ingress/egress; looped drives with
one entrance point or divided single entrances do not satisfy this condition. Where
this is not feasible, the Community Development Department may approve vehicle
turnaround areas a maximum of seven hundred -fifty feet (750) apart, installed
between the road intersection and its terminus. Turnaround areas shall be the
same standard as cul -de -sac tumaround pads; these may be incorporated in the
proposed driveway entries.
Response: The existing driveway does not appear to comply with the County's road
width or its grade standards. Therefore, the applicant met with a representative of the
Carbondale and Rural Fire Protection District to determine what improvements the
applicant should make to the driveway. The District felt that it would be better to maintain
the existing straight alignment of the driveway and to widen it to 12' rather than to
introduce some curves into the driveway to reduce its grade. The applicant will comply
with these recommendations and will provide an area below the house (the landscape
envelope) as a turn - around /staging area for emergency vehicles.
(b) New dead -end streets (no cu / -de -sacs) shall not be permitted, except for cul -de-
sacs and other turnarounds accepted by the applicable local fire district.
Response: No new streets are proposed.
(c) Cul -de -sac tumaround pads shall have a minimum of a thirty foot (30) drivable
surface inside tuming radius, or a hammerhead or other T -tum area acceptable to
the applicable local fire district.
Response: The applicant will comply with these design standards for the turn - around
area.
(d) New driveways and access roadways shall enter the roadway at a ninety (90)
degree angle for the first twenty -five feet (25) of the driveway.
Response: The gravel driveway that serves this property has been in place for many
years and provides good driver visibility. No changes to its intersection with Cherokee
Lane are planned since the Fire District has not requested such changes be made.
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(e) Fuel breaks, as recommended by a wildfire expert approved by the County, may be
incorporated into the design of access roads or driveways.
Response: The wildfire expert has not recommended a fuel break for this property.
8. Water Supply for Fire Safety
(a) When access to a public or private pressurized water system is not available, or if it
is necessary to augment the fire protection water systems, private ponds may be
used if approved by the Community Development Department and the Fire District.
Response: The applicant does not propose to utilize a private pond for fire protection.
(b) Any fire department recommendation for individual structure water supply and
storage shall be accessible to fire department vehicles from the exterior of the
structure through a Fire Department approved mechanism (such as a fire hydrant).
The amount of storage capacity shall be determined by the fire protection district,
with a minimum of one thousand (1, 000) gallon storage capacity per structure.
Response: The applicant will comply with the water storage recommendations of the
Carbondale Fire Marshal.
(c) Regardless of size, all structures where humans congregate regularly (including
detached garages and horse bams) that are located within areas identified as
containing "C - Severe Hazard: Trees" or W - Severe Hazard: Brush" wildfire
hazard shall be required to install in -house sprinkler systems which meet the
standards of the local fire protection district and the adopted building code.
Response: The applicant will comply with these requirements
(d) All structures greater than five thousand (5,000) square feet in size shall be
required to install in -house sprinkler systems that meet the standards of the local
fire protection district and the adopted building code. At building permit submittal,
the local fire protection district may require smaller structures to be sprinkled due to
hazard considerations, emergency access difficulties and lack of proximity to fire
protection services.
Response: No structure will exceed 5,000 sq. ft. in size.
4. Roofing Materials and Projections At And Below Roof Line
(a) Low Hazard Area; and
(b) Medium Hazard Area.
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Response: Not applicable.
(c) Severe Hazard Area
1. Roofing Materials:
a. Any new roofs shall be constructed with non - combustible covering
(see IBC Section 1505.2).
b. No wood shakes or shingles.
Response: The applicant will comply with these requirements.
2. Roof Venting:
a. Soffit venting shall be located in the outer 113 portion of the overhang.
b. Attic, soffit and other roof venting shall be of non - corrosive metal
mesh with maximum 114 "openings.
Response: The applicant will comply with these requirements.
3. Projections at the Roofline, Including Soffits, Rafters, Porch or Deck
Roofs, Fascias, or Other:
a. One hour rated material or any material underlain by 518" Type X
gypboard or equal, or
b. Type IV Heavy Timber materials, per the currently adopted building
code.
Response: The applicant will comply with one of these requirements.
4. Decks, Decking, Cantilevered Floors, or Other Projections Below the
Roofline:
a. Construction with noncombustible or one (1) hour rated material, or
material with flame spread <25 (tested to ASTM E84 and listed for
exterior use), or
b. Conventionally framed deck with waterproof surface and underside
protected with 518" Type X gypboard or equal (decking as in "a"
above), or
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C. Type IV Heavy Timber materials, joist and beams minimum 6" x 10"
columns minimum 8" x 8", decking minimum 4" in depth, or decking
as in "a" above, or equivalent log construction, or
d. Enclose projection vertically to ground with one hour fire resistive
materials. Decking as in "a" above.
Response: The applicant will comply with one of these requirements.
5. Railings
Railings must be constructed of noncombustible or 'Type IV" Heavy Timber
materials.
Response: The applicant will comply with these requirements.
6. Exterior of the Structure, Including All Walls
a. One (1) hour fire resistive materials, or
b. 518" gypboard underlying combustible materials, or
C. Cement stucco, minimum 314" thickness.
d. All glazing to be tempered glazing; and
e. Doors to be metal or wood 1314" thick minimum.
Response: The applicant will comply with one of these requirements.
7. Foundations
Foundations, skirting and crawl space openings shall be fully enclosed and
constructed with materials approved for one (1) hour fire- resistive
construction on the exterior side of the walls and shall extend from the top of
grade to the underside of the floor decking or walls.
Response: The applicant will comply with these requirements.
(d) All Hazard Areas.
Roofs with less than a 3:12 pitch are not permitted in low, medium, or severe
wildfire areas unless they comply with the following:
1. All roofs coverings shall be constructed of non - combustible materials and
installed on a Class A assembly.
2. All roof coverings shall have a surface that shall facilitates the natural
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process of clearing the roof.
3. Protrusions above the roofline, such as parapets, shall be prohibited.
4. Roofs shall be installed as required by the adopted building code and shall
have a minimum slope of 1:48.
5. All roof designs, coverings, or equivalent assemblies shall be specifically
approved by the Fire Marshall prior to submittal of a building permit
application.
Response: The applicant will comply with these requirements.
5. Maintenance and Miscellaneous Requirements
(a) Roofs and Gutters shall be kept clear of debris.
(b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one -
fourth inch (114') maximum.
(c) Yards shall be kept clear of all litter, slash, and flammable materials.
(d) All flammable materials shall be stored on a parallel contour a minimum of fifteen
feet (15) away from the structure.
(e) Weeds and grasses within the ten foot (10) perimeter shall be maintained to a
height of not more than six inches (6').
(fJ Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen
feet (15) away from the structure.
(g) Swimming pools and ponds shall be accessible by the local fire district.
(h) Fences shall be kept clear of brush and debris.
(i) Wood fences shall not connect to the structure.
Q) Fuel tanks shall be installed underground with an approved container.
(k) Propane tanks shall be buried, if possible, or installed according to NFPA 58
standards and on a contour away from the structure with standard defensible space
mitigation around any above -ground tank. Any wood enclosure around the tank
shall be constructed with materials approved for two (2) hour fire- resistive
construction on the exterior of the walls.
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(1) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
(m) Addresses shall be clearly marked with two inch (2') non - combustible letters and
shall be visible at the primary point of access from the public or common access
road and installed on a non - combustible post.
(n) Additional recommendations from the Colorado State Forest Service, the Pitkin
County Sheriffs Department, and the local fire protection district may be
incorporated into any conditions of approval as necessary to mitigate wildfire
hazards.
Response: The applicant will comply with all of these requirements
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F. Wildlife Habitat Areas (Sec. 7- 20 -70)
According to the pre - application summary form, this property is located within mapped elk
winter range. Therefore, the applicant agrees to comply with the dog restrictions
applicable to winter range that are described in Sections 7 -20 -70 (f) (2) of the Land Use
Code. This means that any dogs that are kept on this property will be properly kenneled.
The applicant will also comply with the timing of construction limitations in winter range that
are stated in Sec. 7 -20 -70 (g) (1) if such limits are recommended by the Colorado Division
of Wildlife.
Section 7 -20 -70 (c) of the Code establishes the County's general land use standards for
wildlife habitat areas. Following are the applicant's responses to these standards.
1. When existing native vegetation must be altered within the Activity Envelope, the
applicant may be required to prepare a habitat mitigation plan acceptable to the
County. Such mitigation plan may substitute (in a nearby area on the subject
property) vegetation equal in type and quantity to that being removed to mitigate
effects on wildlife species. Should there be no opportunity on the property for
habitat mitigation or restoration, off -site mitigation benefiting the same species may
be required, or financial mitigation may be paid into a County habitat mitigation fund
should such a fund be established in the future.
Response: The applicant will submit a landscape plan at the time of site plan review that
describes the vegetation that will be planted to compensate for any significant vegetation
that is removed as a consequence of the development of the property.
2. Manipulation of vegetation outside of the Activity Envelope is prohibited.
Response: The applicant will comply with this requirement.
3. Mesh or woven wire fences are prohibited outside of the Activity Envelope.
Response: The applicant will comply with this requirement.
4. Wood rail fencing shall employ three rails or less, be the round or split rail type,
shall not exceed 54 inches in height above ground level and 12 inches in width (top
view) and shall have at least 18 inches between two of the rails.
Response: The applicant will comply with this requirement.
5. Wire fencing must be three strands or less. The top wire shall be 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) should be located a minimum twelve
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(12) inches apart and from the top wire preventing entanglement when mule deer
jump over. The bottom strand should be sixteen (16) inches from the ground.
Response: The applicant will comply with this requirement.
6. Tall, overly mature trees and standing dead trees (snags) should be retained at the
rate of two (2) to five (5) per acre whenever possible as nesting or perching
habitats.
Response: The applicant will comply with this requirement.
7. In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited
within the Activity Envelope. This does not include pre- existing native trees and
shrubs.
Response: No fruit bearing trees or shrubs will be planted on this property.
8. Development shall be clustered to the maximum extent possible to minimize
impacts on wildlife.
Response: The development will be clustered into the lower portion of the property.
9. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging,
studying, or otherwise managing wildlife.
Response: The applicant will comply with this requirement if so requested.
10. Trash /garbage shall be kept in an approved bear resistant container or enclosure.
Response: The applicant will comply with this requirement.
11. 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 seeds.
12. Horse grains, pellets, and cookies shall be stored in bear resistant containers or
enclosure.
13. Pet food shall not be left outside.
Response: The applicant will comply with each of these requirements.
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G. River and Stream Corridors and Wetlands (Sec. 7- 20 -80)
Section 7 -20 -80 (a) (2) (a) of the Land Use Code establishes the following requirement for
new development:
"All activity and development after the 5th of July, 2006 shall maintain a
riparian area /wetland buffer of at least one hundred (100) feet measured
horizontally from the identifiable high water line of each feature identified in
subsections (a)(1)(a) and (b) above. This one hundred (100) foot setback
may be reduced to between one hundred (100) feet and a minimum of fifty
(50) feet upon demonstration by the applicant that such reduction shall not
result in water quality degradation, stream bank erosion and /or a reduction in
the quality of riparian or wetland habitat pursuant to standards in Section 7-
20-80 (4)."
The drainage that passes through this property is a blue line stream on the USGS maps
for this area, Therefore, the building envelope for this property has been drawn to comply
with the 100' setback, ensuring that no buildings will be constructed within 100' of the
existing drainage.
The existing driveway does protrude into the 100' setback and will likely need to be
improved, at a minimum to provide a turn - around area for emergency vehicles. These
improvements, which have yet to be fully designed, would appear to qualify for an
exemption from the 100' setback. Section 7 -20 -80 (a) allows for roads and similar facilities
within the 100' setback "upon a finding that there is no feasible altemative location and that
any adverse impacts will be mitigated, as required by subsection (d) below ". Examination
of the site plan makes it apparent that there are no alternative ways to provide access to
the cabin site, particularly since the driveway is already improved through this area.
Therefore, the applicant makes the following commitments to mitigate any impacts on
riparian vegetation from improvements made to the existing driveway:
The applicant will submit an erosion control plan with the driveway permit that will
ensure the improvements due not increase sediment or suspension loads in the
drainageway.
Removal or disturbance of vegetation will be minimized to the maximum extent
practicable. Any vegetation that is removed will be re- vegetated as quickly as
possible. Given the fact that the lands beyond the drainage channel are not truly
riparian in character (in fact they are a dry hillside that supports primarily oak brush)
the applicant would request that the replacement vegetation be characteristic of the
types of native grasses and shrubs that are found on this type of hillside.
• The will be no alteration or channelization of the drainage channel itself.
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H. Scenic View Protection Areas /Rural Character (Sec. 7 -20 -120)
The site visit which the applicant and his representatives conducted with the County staff
demonstrated that the subject property is visible from one location along Highway 133.
However, the distance from the Highway to the building envelope is quite substantial
(several hundred linear feet). Therefore, the property sits well into the visual backdrop and
is not in the scenic foreground as viewed from this road. This means that the proposed
development will not significantly alter the scenic quality or rural character of this scenic
view protection corridor. In fact, as shown in the photo - simulation that has been provided,
the proposed house and CDU will inject two more small roof forms into a view in which a
considerable number of existing structures can already be seen. So overall, the scenic
corridor will not be significantly altered by the proposed development.
The applicant has provided several visual images to demonstrate the compliance of the
proposed development with the County's scenic view protection standards. Included in
this application booklet are the following illustrations:
• Architectural elevations showing the proposed structures, with primary building
materials identified; and
• A photograph of the hillside taken from State Highway 133, onto which a computer
has simulated images of the residence and CDU.
Following are the applicant's responses to the County's scenic view protection standards.
1. The proposed development shall utilize existing topography and natural vegetation,
such as ridges, hills and existing trees, to screen buildings to the maximum extent
practicable.
Response: Existing topography and natural vegetation help to screen the proposed
structures from view from most locations along Highway 133. As we drove along the
Highway there was only a single location where we could see the poles that were installed
on the property to simulate the maximum height of the structures. The site is otherwise
invisible due to the topography and vegetation that is present along the Highway which
screens the property from public view.
2. The proposed development shall avoid the location of structures within the Scenic
View Protection Areas and shall avoid the location of structures within any
Viewplane identified in the State Highway 82 Corridor Master Plan and Down
Valley Comprehensive Plan, if possible. If location outside of the Scenic View
Protection Area and defined viewplanes is not practicable, then the proposed
development shall not be located on the highest ground or most visible portion of
the site as viewed from those corridors listed above.
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Response: The proposed structures are not located on the highest ground or the most
visible portion of the site. In fact they have been located on the lower portion of the site (at
and (below elevation 6,950) on a property that reaches all the way up to elevation 7,400.
3. The proposed development's height and bulk shall be designed to avoid, to the
maximum extent practicable, the visibility of buildings from those corridors listed
above. This may include, but shall not be limited to, breaking the mass of the
building down into a series of smaller forms, articulation of the building facades to
avoid a wall or row effect, and staggering rooflines to avoid a long unbroken plane.
Response: The applicant proposes two relatively smaller buildings that together contain
far less floor area (approximately 4,000 sq. ft.) than is allowed on this site (5,750 sq. ft.)
Elevations have been provided showing the proposed residence. These line drawings
show that the applicant plans to develop a traditional log cabin, with pitched roof and porch
elements and dormers designed to break down the mass of the building down into a series
of smaller forms. The cabin will also have railings on the decks, a variety of window types
and a stone chimney that tend to break down the visible appearance of the cabin.
A visual simulation has also been prepared, showing how the residence and CDU will
appear from Highway 133. As noted above, there was only one place along the road
where this property could be seen. When these structures are simulated onto the photo it
does not dramatically change the visual image but instead just adds two more roof forms
where there are already a number of other neighboring residences visible.
4. The proposed structure shall be placed so that it does not project above a ridgeline
such that a structure silhouettes against the sky when viewed from those corridors
listed above, unless there are no alternate building sites on the lot or parcel.
Response: The proposed structures will not penetrate a ridgeline and will not silhouette
against the sky as viewed from Highway 133. This conclusion should be quite clear from
the photo simulation that has been provided, which demonstrates that no ridgeline
penetration could possibly occur from this proposal.
5. The proposed development shall be designed to complement the natural
topography of the land through the use of techniques such as earth sheltered
design, the use of natural materials and coloring, the use of low - reflectance
materials, or clustering of structures on the least visible portions of the site. When a
building is proposed near a ridgeline, then its form (particularly its roof form) shall
replicate, parallel or compliment the natural form of the ridgeline so that it appears
to be an element of the natural ridgeline.
Response: The structures will use natural materials or man -made materials that have
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natural coloring. The proposed elevations show that the exterior of the residence will be a
log cabin with shake shingle siding and a stone veneer base and chimney. The cabin will
have a metal roof, with a natural color that is still to be determined. The colors used in the
simulation are a graphic representation only and do not represent a commitment to those
shades by the applicant.
6. The proposed development shall preserve natural vegetation and avoid
development within irrigated meadows to the maximum extent practicable.
Response: The applicant is required to thin vegetation on the site to reduce the wildfire
hazard but will otherwise preserve the natural vegetation on the site. No development is
planned within an irrigated meadow.
7. The proposed development shall install utilities in locations and through procedures
that minimize visual impacts to the maximum extent practicable.
Response: Utilities will be installed underground within the driveway and in combined
trenches whenever practical. Any cuts required to provide utility service will be
revegetated within one growing season after the utility installation is completed.
8. All satellite dishes in the proposed development shall be located to minimize
visibility from those rights -of -way listed above and shall use earth tone colors and /or
screening to minimize their visual impact.
Response: The applicant will comply with these requirements.
9. The proposed development shall not utilize earth moving and berms as the primary
means of compliance with these regulations, but earth moving may be utilized in
conjunction with other techniques to comply with the standards of this section.
Where earth moving techniques are necessary, man -made forms should be
undulating and natural in appearance.
Response: Earth moving and berms are not proposed as the means of complying with
these regulations.
10. In the Rural Area only, development shall be located so that activities and
development occur in at least one of the locations specified in subsection (e) as
they may apply to the particular property.
Response: None of the locations specified in sub - section (e) apply to this property.
11. The exterior of all development shall be built or painted with indigenous earth tone
materials or colors.
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Response: The structures will be built with a combination of man -made and natural
materials. The applicant agrees to paint or stain these materials with earth tone colors.
12. All roofs shall have a non - reflective color or composition. Reflective roof materials
shall not be used unless the materials are treated prior to installation to eliminate
reflection, with the exception of materials associated with solar or photovoltaic
equipment.
Response: The applicant will comply with this requirement.
13. Lands disturbed by earth moving or berms should be revegetated using native
species that are already growing on or near the site. Topsoil shall be stockpiled
and placed on disturbed areas. Irrigation shall be provided to the revegetated
areas if it is necessary to ensure the survival of planted native species.
Response: The applicant will comply with this requirement.
14. To the maximum extent practicable, roads and driveways shall be located to skirt
the edge of and avoid dividing meadows and pastures and to avoid major road
cuts. Roads and driveways should take advantage of the screening potential of
natural topography and existing vegetation. Existing roads and driveways shall be
used where practical. To enhance screening, a row of trees may be planted along
the roads or driveways. To the maximum extent practicable, roads and driveways
located around the edge of or in meadows shall be laid out with soft, curving edges
and shall avoid straight line corridors that are incongruous with the natural setting.
Response: The applicant proposes to utilize the existing driveway and to improve it in a
limited manner, to avoid any major road cuts and to maintain existing vegetation to the
extent possible. Some of this vegetation will need to be cleared to address the wildfire
hazard potential but additional planting will be installed to screen the driveway.
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I. Landscaping and Vegetation Protection (Sec. 7 -20 -130)
A detailed landscaping and grading plan will be submitted with the building permit set. The
landscape plan will include plantings of native tree species to screen the proposed
structures from view and to supplement the native vegetation that is already present on the
property. Disturbed areas will be re- seeded using a County- approved native seed mix.
Following are the applicant's responses to each of the standards in this section:
(b) General Provisions.
1. Protection of Natural Vegetation. The applicant will preserve the natural vegetation
on the site, except for that vegetation within the activity envelope that must be
removed to build the proposed improvements or which must be thinned to mitigate
the wildfire hazard.
2. Conformance With Wildfire Regulations. The applicant will comply with the
recommendations of the wildfire expert to mitigate the wildfire hazard on this site.
3. Berms. A berm is not proposed for this site.
4. Landscape Enclosures. Landscaping is not proposed to be used to enclose the
boundary of the parcel.
5. Visibility Clearance. No landscaping is proposed where it would inhibit the visibility
of drivers.
6. Utility Easements. It is not anticipated that landscaping will be installed over a utility
easement
7. Financial Security. The applicant requests that no financial security be required for
the installation of landscaping on this property.
8. Maintenance. The applicant agrees to maintain all installed landscaping in a
healthy condition and to replace plants that do not survive.
(c) Required Landscaping in Rural Areas
1. None of the purposes for which landscaping is required in the Rural Area apply to
this proposal.
2. The applicant will cluster the proposed plantings into natural groupings and will
minimize planting in regularly spaced lines or rows. Indigenous plant species will
be installed on the property.
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J. Roads, Driveways and Parking (Sec. 7 -30)
Access to the subject property is obtained from an existing driveway that intersects with
Cherokee Lane. As explained above, this driveway is currently less than 12' wide and has
grades in some sections that exceed 12 %.
The applicant discussed potential improvements to the driveway with a representative of
the Carbondale and Rural Fire Protection District and also with staff of the Community
Development Department. Based on those discussions the applicant proposes to widen
the driveway to 12' and to maintain its existing relatively straight alignment. This will mean
that grades will exceed 12% in certain sections, but will also minimize the need for grading
and reduce the amount of native vegetation that must be removed. The applicant will
provide detailed plans for the driveway improvements as part of the building permit
submission, including a grading and landscape plan for these improvements.
Parking on the site will comply with the adopted County standard of 2 spaces per dwelling
unit for both the residence and CDU and will comply with all applicable design standards.
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K. Public Services and Utilities (Sec. 7 -50)
Following is a summary of the proposed utility plan for this property
1. There is an overhead electric line serving the neighborhood that runs along
Cherokee Lane. The applicant will extend this line to the residence and CDU via a buried
service line. If telephone service is brought to the site it will be buried in the driveway.
2. The applicant plans to utilize propane gas and to have a propane tank on the
property.
3. There is an existing on -site water supply well on the property. It is located just
below the proposed residence.
4. The proposed location for the on -site wastewater treatment system is shown on the
site plan. The applicant will have test pits dug and percolation tests completed before the
on -site system is designed. The system will comply with all applicable Pitkin County
health codes.
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III. SPECIAL REVIEW FOR CARETAKER DWELLING UNIT
Development of a caretaker unit requires special review approval from the County. The
standards for special review are listed in Section 2 -30 -30 (h) (2) of the Land Use Code.
The applicant's responses to these standards are as follows:
(a) The special review use shall be consistent with the applicable County Master Plan.
Response: The applicable Master Plan for this property is the Crystal River Master Plan.
The applicant has reviewed this document and it does not appear to contain goal or policy
statements that directly address the appropriateness of caretaker units in this valley. Goal
2.2 of the Master Plan does alludes to caretaker units by stating that deed restricted (rental
and sale) second dwellings on parcels should be encouraged where appropriate and
where it furthers the goal of having attainable housing.
(b) The special review use shall not conflict with any applicable sections of the Pitkin
County Land Use Code, including the County Land Use Policies in Chapter 1.
Response: To the best of the applicant's knowledge, the proposed development will not
conflict with any of the adopted standards or policies of the County Land Use Code.
(c) The proposed development must not materially endanger the public health, safety
or welfare.
(d) The proposed development must not substantially injure the value of adjoining or
abutting property.
Response: The development of this CDU will not have any negative impact on public
health, safety, or welfare and will not adversely affect the value of any adjoining property.
(e) The special review use shall be consistent with the intent of the Zone District in
which it is proposed to be located.
The stated intent of the underlying RS -30 zone district is to permit low density single family
residences and customary accessory uses, while recognizing the constraints that natural
hazards, wildlife habitat and limited public services and facilities may place on
development in the district. A caretaker unit is a customary accessory use allowed by
special review in this zone district. The use is appropriate in this location since the building
envelope has been located to avoid natural hazards and critical wildlife habitat areas, and
the small caretaker unit will not require that additional services be provided. It should be
noted that the floor plans for the proposed house only include two (2) bedrooms, so even
with the caretaker unit that is proposed, the total bedroom count for the site (3) will be at or
below that of a typical residential property.
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(f) The special review use shall be compatible with the character of the immediate
vicinity of the parcel proposed for development and surrounding land uses, or shall
enhance the mixture of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development.
Response: The proposed caretaker unit will be consistent with the character of the
surrounding area, which is entirely residential. There are residences of varying sizes,
some of which have accessory structures, located within the surrounding neighborhood.
(g) The location, size, design and operating characteristics of the proposed special
review use must be in harmony with the surrounding area and minimize adverse
effects, including visual impacts, impacts on pedestrian and vehicular circulation,
traffic generation, parking, trash, service delivery, airAvater pollution or other
impacts on natural resources, noise, vibrations and odor on surrounding properties.
Response: The caretaker unit will not create significant impacts on the surrounding
properties. The small unit (525 sq. ft.) will be located on a level spot just above the
residence. Its visibility from Cherokee Lane and from Highway 133 will be limited.
This small caretaker unit will generate minimal traffic and other impacts on surrounding
properties and would typically be occupied by the applicant's family or friends. As noted
above, the total bedroom count for the site remains average, even with the CDU.
(h) There must be adequate public facilities and services to serve the special review
use, including but not limited to roads, potable water, sewer, solid waste, parks,
police, fire protection, emergency medical services, hospital and medical services,
drainage systems, and schools.
Response: There are adequate facilities and services available to serve a caretaker unit
on this property. Potable water will be supplied to this property from the on -site well, which
is permitted by the State for two (2) dwelling units (see Exhibit #6). Sewage disposal will
be handled by an on -site wastewater disposal system.
The proposed caretaker unit should not place any significant demands on other public
facilities and services, including solid waste, parks, police /fire protection, emergency
medical services, hospital and medical services, drainage systems, and schools.
(i) The proposed special review use must comply with any additional standards or
requirements stated for such use in Sec. 4 -30 and /or Sec. 2- 40 -20.
Response: A response to the standards of Sec. 4 -30 is provided in Section IV of this
application booklet.
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IV. USE STANDARDS FOR CARETAKER DWELLING UNIT
According to Section 4 -30 -50 (e) (1) and (2) of the Land Use Code, a caretaker dwelling
unit may be developed in the RS -30 zone district, pursuant to the following use standards:
(a) It is attached to a single family home.
Response: The unit will be detached from the planned residence. Therefore, according
to Section 4 -30 -50 (e) (2) of the Code, special review approval is required for the CDU. A
response to the special review standards is provided in Section III of this application.
(b) The lot or parcel on which it is located conforms to the minimum lot area
requirements for each dwelling in the zone district in which the caretaker dwelling
unit is located.
Response: The subject property does not conform to the minimum lot area requirements
of the RS -30 zone district. Therefore, according to Section 4 -30 -50 (e) (2) of the Code,
special review approval is required for the CDU. A response to the special review
standards is provided in Section III of this application.
(c) The caretaker dwelling unit shall not exceed one thousand (1,000) net livable
square feet on lots or parcels that are thirty thousand (30,000) square feet or
greater in lot area, and seven hundred (700) net livable square feet on lots or
parcels that are less than thirty thousand (30, 000) square feet in lot area.
Response: The CDU will contain approximately 525 sq. ft. of net livable area.
(d) 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 CDU has been counted toward the allowable floor area for this property.
(e) Two (2) off - street parking spaces shall be provided for each caretaker unit.
Response: The applicant will provide two off - street parking spaces for the caretaker
unit.
(1) The applicant shall, by deed restriction or other permanent commitment running
with the land, guarantee that the caretaker dwelling unit:
1. Shall not be required to be rented;
2. Shall not be sold or otherwise conveyed or separated from the original
parcel regardless of the ultimate form of ownership of the caretaker unit;
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3. Shall be limited to occupancy by (i) not more than two adults and related
children who qualify as (and have been found by the Housing Authority to
be) employees of the community under such guidelines as may be from time
to time established, or (ii) members of the owners immediate family even
though they may not qualify as employees of the community.
4. Shall be rented for terms not less than six (6) months if rented.
Response: The applicant will file such a deed restriction following the County's approval
of this application.
(g) The caretaker dwelling unit restriction may be removed by the property owner upon
approval of the Community Development Director, subject to the requirement that
the dwelling is removed or modified. If modified, the remaining improvements must
no longer be capable of occupancy as a Dwelling Unit and must otherwise meet
applicable Code requirements.
Response: The applicant agrees to abide by this limitation.
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V. GMQS EXEMPTION FOR CARETAKER DWELLING UNIT
Section 6 -30 -40 (c) of the Code authorizes a GMQS exemption for a caretaker dwelling
unit pursuant to the following provisions:
One (1) Caretaker Dwelling Unit ( "CDU') may be exempted from Growth Management on
any lot or parcel located in a zone district in which a CDU is an allowed use, a use allowed
by special review, or a use allowed as part of a master plan, as shown in Table 4 -1.
Response: A CDU is a use allowed by special review in the RS -30 zone district.
The CDU may be allowed even if the lot or parcel is substandard in size and the resulting
development on the lot or parcel would not conform to the underlying zone district's
minimum parcel size for each dwelling unit, subject to the standards in Sec. 4 -30 -50 (e).
Response: The parcel is substandard in size, and the necessary responses have been
provided to the standards of Sec. 4 -30 -50 (e) and to the special review standards.
The CDU may be either attached to a single - family dwelling unit ('principal dwelling') or
other use or may be detached from the principal dwelling or other allowed use if it
complies with the standards in Sec. 4 -30 -50 (e).
Response: The CDU will be detached from the principal dwelling but complies with the
standards of Section 4 -30 -50 (e).
Feldman Activity Envelope /Site Plan and Caretaker Dwelling Unit Page 33
OLIUJ36
VI. CONCLUSION
The applicant has responded to all applicable criteria of the Pitkin County Land Use Code,
pursuant to direction given by staff during the pre - application conference. The applicant
has demonstrated that the proposed activity envelope and site plan and the proposed
CDU comply with those Code standards. The applicant will respond in a timely manner to
requests by any reviewing agency for additional information, or clarification of the
statements made herein.
Feldman Activity Envelope /Site Plan and Caretaker Dwelling Unit Page 34
UUU037
EXHIBITS
UUGI 38
EXHIBIT #1
Warranty Deed
(Pursuant to 38 -30 -113 C.R.S.)
State Documentary Fee
Date: February 14, 2012
$ 25.00
THIS DEED, made on February 14, 2012 by JAMES B. SANTACROCE, INDIVIDUALLY AND D/B/A WHITE CLOUD
ESTATES (U.B.T.O.) AS THEIR INTERESTS MAY APPEAR Grantor(s), of the County of GARFIELD and State of
COLORADO for the consideration of ($250,000.00) * ** Two Hundred Fifty Thousand and 00 /100 * ** dollars in hand paid, hereby
sells and conveys to NATHAN FELDMAN Grantee(s), whose street address is 1820 W. 2ND AVENUE, DURANGO, CO 81301,
County of LA PLATA, and State of COLORADO, the following real property in the County of Pitkin, and State of Colorado, to wit:
SEE ATTACHED "EXHIBIT A"
also (mown by street and number as: 101 CHEROKEE LANE, CAR13ONDALE CO 81623
with all its appurtenances and warrants the title to the same, subject to general taxes for the year 2012 and those specific Exceptions
described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Section 8.1
(Title Review) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility easements,
(including cable TV), those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual
knowledge and which were accepted by Grantee(s) in accordance with Section 8.2 (Matters not Shown by the Public Records)'and
Section 8.3 (Survey Revtof the Contract to Buy and Sell Real Estate relating to the above described real property; inclusions of the
)Property within any spedial ax distr(cl; and other NONE
B. SANTACROCE, POMDUALLY AND D/B/A WHITE CLOUD ESTATES (U.B.T.O.) AS THEIR INTERESTS MAY APPEAR
Vate of NEW MEXICO )
ss.
County of—�erf%q'-I1'O )
The foregoing instrument was acknowledged before me on this day of February /0,2012
by JAMES B. SANTACROCE, INDIVIDUALLY AND D/B/A WHITE CLOUD ESTATES (U.B.T.O.) AS THEIR INTERESTS
MAY APPEAR.
OFFICIAL SEAL
2L r � 4 (A It i Cla) ro) Sarah Martinez
NOTARY PUBLIC
Notary Public STATE OF NEW MEY,ICO
My commission expires My Commission Expire 1 IyL�
Recorded Return to: NATHAN FELDMAN
1820 W. 2ND AVENUE, DURANGO, CO 81301
UUULi169
Form 13084 01/2011 wd.odt Warranty Deed (Photographic) Q62004447 {12650881}
EXHIBIT A
A PARCEL OF LAND SITUATED IN THE SWl /4NE1/4 OF SECTION 29, TOWNSHIP 9 SOUTH, RANGE BB WEST OF THE SIXTH
PRINCIPAL MERIDIAN, LYING EASTERLY OF THE CENTERLINE OF A 30 FEET ROADWAY, SAID PARCEL OF LAND BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE A STONE FOUND IN PLACE AND PROPERLY MARKED FOR THE EAST QUARTER CORNER OF
SAID SECTION 29 BEARS: S. 89 degrees23'55" E. 1606.21 FEET; THENCE N. 72 degrees20'00" W. 57.82 FEET TO A POINT IN THE
CENTER OF SAID ROADWAY; THENCE N. 17 degrees5l'00" W. 104.43 FEET ALONG THE CENTER OF SAID ROADWAY;
THENCE 112.50 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 143.24 FEET; THE CHORD OF WHICH
BEARS; N. 04 degrees39'00" E. 109.63 FEET;
THENCE N. 27 degrees09'00" E. 7.42 FEET ALONG THE CENTER OF SAID ROADWAY;
THENCE S. 72 degrees20'00" E. 142.57 FEET;
THENCE S. 17 degrees40'00" W. 200.00 FEET TO THE POINT OF BEGINNING.
AND
A PARCEL OF LAND SITUATED IN THE El /2 OF SECTION 29, TOWNSHIP 9 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL
MERIDIAN WHOSE EASTERLY BOUNDARY IS THE CENTER LINE OF A THIRTY FOOT ROAD EASEMENT, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF SAID ROAD EASEMENT WHENCE THE EAST QUARTER CORNER OF SECTION
29, TOWNSHIP 9 SOUTH, RANGE 88 WEST BEARS S. 77 degrees26'41" E. 1708.45 FEET;
THENCE ALONG A CURVE TO THE RIGHT ALONG SAID CENTER LINE WHOSE TANGENT BEARS S. 12 degrees28' E., HAVING A
RADIUS OF 196.11 FEET AND A CENTRAL ANGLE OF 38 degrees39' AN ARC DISTANCE OF 13228 FEET TO A POINT OF REVERSE
CURVE;
THENCE ALONG SAID CURVE TO THE LEFT ALONG SAID CENTERLINE WHOSE TANGENT BEARS S. 27 degreesl0" W., HAVE A
RADIUS OF 143.24 FEET AND A CENTRAL ANGLE OF 45 degrees00' AN ARC DISTANCE OF 112 50 FEET TO A POINT OF TANGENT;
THENCE S. 17 degrees50' E. ALONG SAID TANGENT AND ALONG SAID CENTERLINE 104.43 FEET TO A POINT OF CURVE;
THENCE ALONG SAID CURVE TO THE RIGHT ALONG SAID CENTERLINE HAVING A RADIUS OF 114.59 FEET AND A CENTRAL
ANGLE OF 21 degrees00' AN ARC DISTANCE OF 42.0 FEET TO A POINT OF TANGENT;
THENCE S. 03 degreesl0' W. ALONG SAID TANGENT AND ALONG SAID CENTERLINE 25.24 FEET TO A POINT OF CURVE;
THENCE ALONG SAID CURVE TO THE LEFT ALONG SAID CENTERLINE HAVING A RADIUS OF 95,49 FEET AND A CENTRAL
ANGLE OF 32 degrees03'49" AN ARC DISTANCE OF 53.44 FEET; THENCE S. 61 degrees06'11" W. 15.0 FEET TO THE WESTERLY LINE
OF SAID ROAD EASEMENT; THENCE N. 82 degrees50' W. 981.6 FEET;
THENCE N. 00 degrees40' W. 462.0 FEET;
THENCE S. 82 degrees5l' E. 879.0 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO
uu0u40
Form 13801 09/2006 wd.water.odt Q62004447 4126509521
EXHIBIT #2
Ms. Suzanne Wolff, Senior Planner
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: FELDMAN ACTIVITY ENVELOPE AND SITE PLAN REVIEW
Dear Ms. Wolff,
I hereby authorize Alan Richman Planning Services to act as my designated representative
with respect to the land use application being submitted to your office for my property
located at 101 Cherokee Lane in unincorporated Pitkin County. Mr. Richman is authorized
to submit an application for activity envelope and site plan review to develop a residence
and accessory structures on this property. He is also authorized to represent me in
meetings with Pitkin County staff and the County's review bodies.
Should you have any need to contact me during the course of your review of this
application, please do so through Alan Richman Planning Services, whose address and
telephone number are included in the land use application, or you may contact us through
Chris LaCroix at the address and telephone number listed below.
Sincerely,
� r
Nathan Feldman
0101 Cherokee Ln
Carbondale, CO 81623
720 - 219 -7738
1 UU041
EXHIBIT #3
PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff
PHONE: (970) 920 -5093
suzanne.wolff(a)co.pitkin.co.us
LOCATION: 101 Cherokee Lane
ZONE DISTRICT: AR -10
OWNER: Nathan Feldman
REPRESENTATIVE: Alan Richman
DATE: 6/26/12
E -MAIL:
PID# 264929100007
LOT SIZE: Approx. 10 ac.
EMAIL: arichman @sopris.net
Type of Application: Activity Envelope and Site Plan Review, Special Review and GMQS
Exemption for a Caretaker Dwelling Unit
Description of Project/Development: The Applicant proposed to establish an Activity Envelope
and obtain Site Plan Review approval. The existing structures were built without permits and will
be demolished.
• 2- 30- 20(g): Activity Envelope and Site Plan Criteria for Approval
• 2- 30- 30(h): Special Review criteria for caretaker dwelling unit
• 4- 30- 50(e)(1)(2): Caretaker Dwelling Unit
• 6- 30- 40(c): GMQS Exemption for CDU
6- 30- 100(a): GMQS Exemption for Parcel Legally Created before June 12, 1978
• 7 -10 -50 & 60: Activity Envelope and Site Plan
• 7- 20 -10: Site Preparation and Grading
• 7- 20 -20: Steep and Potentially Unstable Slopes
• 7- 20 -30: Water Courses and Drainage
• 7- 20 -50: Geologic Hazards — Mapped alluvial fan
• 7- 20 -60: Wildfire Hazard — Mapped Severe Wildfire Hazard Area
• 7- 20 -70: Wildlife — Mapped elk winter range
• 7- 20 -80: River and Stream Corridors and Wetlands (intermittent stream ?)
• 7 -20 -120: Scenic View Protection Areas (as viewed from Highway 133)
• 7 -20 -130: Landscaping and Vegetation Protection
• 7 -30: Roads, Driveways and Parking
• 7 -50: Public Services and Utilities
Review By: Community Development Director
Public Hearing? No. However, 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 certified mail) to all owners within 300' of the
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 date the notice was postmarked to submit
comments or objections to the Community Development Department.
Staff will refer the application to the following agencies: Crystal River Caucus,
Environmental Health, Zoning, Housing, Colorado Geological Survey
UUUU42
FEES: $3,920 (make check payable to " Pitkin County Treasurer")
• $2,496 Planning Office flat fee (non - refundable; based on 8 hours of staff time. If staff
review time exceeds 9.6 hours, the Applicant will be charged for additional time above 8
hours at a rate of $312 /hour)
• $624 Zoning
• $542 Environmental Health
• $179 Housing
• $54 Public Notice Fee
• $25 Clerk Technology Fee
Applicant will be required to pay a fee directly to the Colorado Geological Survey; invoice will be
provided upon referral.
To apply, submit 1 copy (unbound) of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and
permits, and addressing compliance with the Code sections listed above.
2. 24" by 36" and 11" x 17" Site Plan as designated in Section 2.1.12 of the Pitkin County Land
Use Application Manual;
3. Wildfire analysis and mitigation report
4. Geologic report
5. Engineering report addressing road design, water supply, wastewater disposal, drainage
and other utilities and public services.
6. Site plan & floor plans of caretaker dwelling unit;
7. Disclosure and proof of ownership of the property, consisting of a current certificate from a title
insurance company or attorney licensed to practice law in the State of Colorado, listing the
names of all owners of the property and all mortgagees, judgments, liens, easements,
contracts and agreements affecting use and development of the parcel and proof of the
owner's right to use the land for the purposes identified in the development application.
8. Street address and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map
locating the subject property within Pitkin County;
9. Consent from the owner of the property for the representative to process the application and
represent the owner;
10. List of all property owners within 300' and mineral estate owners (1 copy).
11. Total fee for review of the application;
12. Signed fee agreement (form attached);
13. Copy of this preapp form
NOTES:
➢ This Pre - Application Conference Summary Sheet is advisory in nature and not binding on the
County. The information provided in this Summary Sheet is based on current zoning
standards and the staff's interpretations based upon representations of the applicants.
Additional information may be required upon a complete review of the application.
➢ Applicant will be responsible for mailed and posted notice. 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.
➢ The Land Use Code is available on -line at County Code
➢ The Land Use Application manual is available on -line at
http: / /www.asnenDitkin.comI Portals/ 0/ docs lcountvlCom %20DevIPlanningAand use applicat
ion manual.pdf
UUUL143
EXHIBIT #4
GEOHAZARD EVALUATION
FELDMAN PROPERTY
101 CHEROKEE LANE
PITKIN COUNTY, COLORADO
August 31, 2012
Prepared For
Mr. Nathan Feldman
101 Cherokee Lane
Carbondale, CO 81623
Prepared By:
Yeh and Associates, Inc.
1525 Blake Avenue
Glenwood Springs, CO 81601
Phone (970) 384 -1500
Fax (970) 384 -1501 VA
Project No. 212 -145
000044
Feldman Property
Geohazard Consultation
TABLE OF CONTENTS
Project No. 212 -145
1.0 PROJECT INFORMATION .................................................... ..............................1
1.1 Purpose and Scope .................................................... ..............................1
1.2 Site Conditions ........................................................... ..............................1
2.0 INVESTIGATION AND ANALYSES ....................................... ..............................1
2.1 Debris Flows .............................................................. ..............................1
2.2 Rockfall ...................................................................... ..............................2
3.0 CONCLUSIONS AND RECOMMENDATIONS ...................... ..............................5
3.1 Debris Flows .............................................................. ..............................5
3.2 Rockfall ...................................................................... ..............................6
4.0 SUMMARY ............................................................................ ..............................8
5.0 LIMITATIONS ........................................................................ ..............................8
LIST OF FIGURES
Figure 1 — Approximate Extents of Debris Flow Area
Figure 2 — Rockfall Sources and Profiles
LIST OF TABLES
Table 1 — Summary of CRSP Analyses
Table 2 — Secondary Site with 5 -foot diameter rocks
Table 3 — Summary of Risk
LIST OF APPENDICES
Appendix A — Colorado Rockfall Simulation Program (CRSP) Output
IN
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Feldman Property Project No. 212 -145
Geohazard Consultation
1.0 PROJECT INFORMATION
1.1 Purpose and Scope
This report presents the results of our geohazard evaluation and consultation for the Feldman
property at 101 Cherokee Lane in Pitkin County, Colorado (Figure 1). The investigation was
performed to evaluate potential debris flow and rockfall hazards at three potential building sites.
The site investigation consisted of geologic reconnaissance and rockfall modeling. This report
summarizes our field investigation, the results of our analyses, and our conclusions and
recommendations based on the locations of the proposed building sites.
1.2 Site Conditions
Yeh and Associates personnel visited the site on July 5 and August 25, 2012. The subject
parcel is located at 101 Cherokee Lane in Pitkin County, Colorado (Figure 1) within the Crystal
River drainage. The site is located at the base of a northeast trending ridge. An existing cabin
structure is located on the parcel (Primary Site). A relatively flat portion of the site is located
south of the cabin (Secondary Site) and appeared to be used as equipment storage. In
addition, a relatively flat area located below Cherokee Lane was void of vegetation (Tertiary
Site). The existing grades are nearly level at the three sites and the slopes above the sites
were very steep with grades of up to 66 percent. Existing vegetation included trees, scrub oak
and other natural brush and grasses.
2.0 INVESTIGATION AND ANALYSES
2.1 Debris Flows
Figure 1 presents our field mapping of the drainage channel and potential debris flow paths.
Observations suggest that the source area and channel size are adequate to produce a debris
flow event. Evidence was observed that several small debris flow events occurred this year and
deposited materials around the culvert and on the roadway. Our observations also indicated
that small debris flow events are generally confined to the drainage located in the northern
portion of the property. Photo 1 shows the existing channel. A berm was observed along the
east side of Cherokee Lane. The berm appeared to consist of debris flow remnants that were
likely removed from the road after an event occurred. The debris flow materials observed along
the road suggest the existing culvert is not sized to pass design level events. During moderate
to very large events, the culvert likely plugs or is overwhelmed and the debris flow materials
uuuJ4b 1 /A
Feldman Property
Geohazard Consultation
Project No. 212 -145
overtop the road and flow to the south over the road as evident by the location of berm that
placed a result of debris flow materials being removed from the road.
Photo 1 — Channel on north side of Cherokee Lane
2.2 Rockfall
We identified two potential rockfall sources that we believe could impact potential building sites.
Figure 2 shows the two source locations labeled as the upper and lower source areas. Photo 2
shows the same sources areas as viewed from the project sites. Due to accessibility, a detailed
mapping of the rockfall source area was not performed. The source areas were observed from
distance to estimate probable rock trajectories and rock sizes likely to be produced.
,)(1! -) 2 �II
UUM47
Feldman Property
Geohazard Consultation
Project No. 212 -145
Photo 2 — Source areas for rockfall analyses
The majority of the slope does not show outcropping bedrock and is moderately to heavily
vegetated. While it is possible for rocks embedded in the slope or lying on the surface to
dislodge and begin rolling, it is unlikely without significant movement of the ground surface. Our
analysis assumed that the most probable locations for initiation of a rockfall event would be from
one of the two observed bedrock cliffs above the primary and secondary sites.
One primary source area appears to be roughly half way up the slope at elevation 6955 feet and
a larger source area is located farther up the slope near elevation 7124 feet (Figure 2). These
source areas consist of soft to moderately hard sandstone which has near horizontal bedding
planes. The spacing on the bedding planes ranges from about 3 to over 10 feet. Several near
vertical, widely spaced joint sets form blocks in conjunction with the bedding planes. From a
distance, it appears that the surfaces of many of the discontinuities are open, infilled with soil
and highly altered. There is evidence of frequent rockfall events originating from most of the
cliffs. Due to the spacing of the bedding and joints in the rock, block sizes are likely to be less
than 5 feet in diameter and are typically less than 3 foot in diameter.
To estimate the probabilistic trajectories of the rocks, the critical profiles of the site were
modeled using the Colorado Rockfall Simulation Program, Version 4.0 (CRSP). CRSP is a
3
000048
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Feldman Property
Geohazard Consultation
Project No. 212 -145
widely accepted program for use in evaluating rockfall behavior. A model was developed using
USGS topographic maps, Pitkin County GIS data, and terrain data provided by the client. The
profiles were chosen to represent the most critical trajectory for the sites. The profile locations
are presented on Figure 2. Information provided by the program includes rock bounce height,
rock velocity and kinetic energy.
Our analyses included rocks of 3 and 5 feet in diameter. The rock sizes were selected based
on observations of the source area and rocks observed on the slopes. The density of
vegetation as well as the profile and surface properties of the slope makes it unlikely that
smaller diameter rocks would impact the site. The starting zone for the rocks was located at the
top of the cliffs near elevation 7124 feet for the upper source area, 6955 feet for the lower
source area, and allowed for drop heights of up to 10 feet.
Slope characteristics were determined in the field and refinement was conducted on these
profiles to incorporate our observations and to reflect our experience in local rockfall issues.
Analysis points were placed at the potential building site locations on the profile to determine
design criteria for mitigation. Based on our observations and experience, we believe the
primary site could only be affected by the upper source area and the secondary site could be
affected by both the upper and lower source areas. In our opinion, rocks initiating from the
lower source area would not impact the primary site. Table 1 shows a summary of the analyses
for the primary and secondary sites.
Table 1 — Summary of CRSP Analvses
Site
Source
Rock Size
Number of Rocks
Number of Rocks
Area
(feet)
Simulated
Reaching Site
3
100
0
Primary
Upper
5
100
0
3
100
0
Secondary
Upper
5
100
14
Secondary
Lower
3
100
0
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Feldman Property Project No. 212 -145
Geohazard Consultation
Our analyses indicated no rocks from the upper source area landed at the primary site and no
3 -foot diameter rocks landed at the primary or secondary site. A summary of the CRSP results
for the secondary site for rocks initiating from the upper source area is provided below. Table 2
summarizes the bounce heights, velocities and impact energies for 5 -foot diameter rock size at
the analysis points located at the anticipated secondary building site. The complete CRSP
output is included in Appendix A.
Table 2 — Secondary Site with 5 -foot diameter rocks
3.0 CONCLUSIONS AND RECOMMENDATIONS
Based on our reconnaissance and analyses, we are providing our conclusions and
recommendations relating to debris flow and rockfall hazards. Other hazards such as slope
instability, hydrocompactive soils, seismicity, etc. were not included in this report.
3.1 Debris Flows
The primary and secondary sites are topographically above the potential breach point of the
existing channel and anticipated debris flow path. The channel confines the debris flows above
the culvert area at which point the flows could leave or breach the channel. We believe the
debris flow hazard at these sites is negligible. However, the tertiary site is located
topographically below the culvert where the drainage crosses Cherokee Lane. A moderate to
very large event that overtops the culvert would likelyflow to the south along Cherokee Lane
and deposit near or within the tertiary site. Based on the size and amount of debris flow
material observed, we anticipate flow depths at the tertiary site of 1 to 2 feet. If development of
the tertiary site is planned, we recommend debris flow mitigation be incorporated into site
design.
Debris flow mitigation could consist of channel improvements such as a larger culvert to pass
flows. Debris flows would then be confined to the existing drainage and pass by the site.
,A
Uil v V5O
Rock
Rock
Bounce Height
Velocity
Energy
Source Area
Size
Weight
(feet)
(ft/sec)
(ft -lbs)
(feet)
(pounds)
Average 0.00
Average 11.86
Average 16,673
Upper 5
4,860
Maximum 0.03
Maximum 15.56
Maximum 27,247
3.0 CONCLUSIONS AND RECOMMENDATIONS
Based on our reconnaissance and analyses, we are providing our conclusions and
recommendations relating to debris flow and rockfall hazards. Other hazards such as slope
instability, hydrocompactive soils, seismicity, etc. were not included in this report.
3.1 Debris Flows
The primary and secondary sites are topographically above the potential breach point of the
existing channel and anticipated debris flow path. The channel confines the debris flows above
the culvert area at which point the flows could leave or breach the channel. We believe the
debris flow hazard at these sites is negligible. However, the tertiary site is located
topographically below the culvert where the drainage crosses Cherokee Lane. A moderate to
very large event that overtops the culvert would likelyflow to the south along Cherokee Lane
and deposit near or within the tertiary site. Based on the size and amount of debris flow
material observed, we anticipate flow depths at the tertiary site of 1 to 2 feet. If development of
the tertiary site is planned, we recommend debris flow mitigation be incorporated into site
design.
Debris flow mitigation could consist of channel improvements such as a larger culvert to pass
flows. Debris flows would then be confined to the existing drainage and pass by the site.
,A
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Feldman Property Project No 212 -145
Geohazard Consultation
However, if this option is selected, analyses should be performed to determine potential impacts
to downstream properties. As an alternative, depending on building configuration and site
development, diversion walls could be constructed to divert debris flows away or around
improvements. We recommend diversion walls, channels or structures are able to pass a flow
depth of at least 4 feet. More detailed recommendations could be provided after a building site
and building configuration is selected. To determine design flows, a storm water runoff analysis
should be performed on the drainage basin by a civil engineer. To account for debris flows
associated with storm water runoff, we recommend using a bulking factor of 1.5 to 2.0 applied to
the peak storm runoff volume.
3.2 Rockfall
Our analyses indicated that rockfall mitigation should be considered at the secondary site and
that the risk of rockfall at the primary site is negligible and rockfall mitigation is not necessary.
For the tertiary site, considering the number of rocks reaching the primary and secondary sites
and the existing road above the tertiary site, we believe the rockfall hazard for the tertiary site is
also negligible and mitigation in not necessary.
Rockfall mitigation is generally divided into two categories, upslope stabilization and down slope
protection. Upslope stabilization occurs at the source area and includes the following methods:
scaling and trimming, rock bolts, cable lashing, anchored mesh and nets, shotcrete, and
buttresses. Because of the size of and distance to the source areas, these are not
recommended methods of mitigation for this site.
Down slope protection methods may be an appropriate means of mitigation. These include
ditches or berms, catch fences and walls, and /or reinforcement of the proposed structures.
These methods vary in their effectiveness based on their ability to stop rocks with differing
levels of impact energy. Rockfall barriers are generally rated for their ability to withstand an
impact load given in units of foot -tons, foot - pounds or kilojoules. Approximate energy ratings for
common barrier types are as follows:
Berms 400,000 - 10,000,000 ft-Ibs
Walls (flexible) 800,000— 3,000,000 ft-Ibs
Rockfall fences 60,000 — 2,200,000 ft-Ibs
UvL'J51 6 P1
Feldman Property Project No. 212 -145
Geohazard Consultation
Reinforced concrete 20,000 ft -Ibs
Wood Frame Wall (6 ") 10,000 ft -Ibs
The secondary building site is exposed to relatively low energy potential rockfall events. Rock
energies at locations where mitigation would be effective are within the range of most fences
manufactured specifically for rockfall protection. A berm, wall or fence barrier on the uphill side
of the building site would also be an effective mitigation option. Mechanically stabilized earth
(MSE) walls could also be used as mitigation. MSE walls are relatively fast to erect and can
easily be incorporated into the landscape design. Any mitigation system selected would require
maintenance after an impact. Fences require the use of a proprietary system.
Mechanically Stabilized Earth (MSE) walls and reinforced berms have a distinct advantage
because of their superior ability to withstand significant impacts as well as having a typically
lower cost of installation. A combination of ditch and an MSE wall along the western edge of the
site would provide a high level of protection for most rockfall events. The wall should have a
near vertical face on the uphill side and could have a 2H:1 V slope on the downhill side or a
partial or full vertical face depending on how much horizontal space is available. For planning
purposes, the wall should be assumed to be at least 5 feet high and should be designed to
resist impact energies of at least 20,000 foot - pounds. MSE walls can also be faced with a
number of products to improve their appearance. MSE walls can also be used in conjunction
with earthen berms to improve their efficiency and therefore minimize cost by reducing the
amount of import of materials.
VA
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Feldman Property
Geohazard Consultation
4.0 SUMMARY
Project No. 212 -145
Based on observations, experience and the results of the CRSP analyses, we estimated the risk
for debris flow and rockfall hazards at each site. Table 3 shows the anticipated risk of naturally
occurring debris flow and rockfall events.
Table 3 — Summary of Risk
5.0 LIMITATIONS
The conclusions and recommendations submitted in this report are based upon the data
obtained from field reconnaissance and anticipated construction. If the existing slopes are
altered by grading operations, wild fire and /or slope instability, we should be contacted to review
our recommendations in lieu of the altered slopes. If rockfall or debris flow mitigation is included
in the site - specific development plan, Yeh and Associates, Inc. should review the proposed
design and construction procedure. The conclusions and recommendations submitted in this
report are based upon data obtained from the observations made in the field and numerical
modeling. It should be noted that debris flow and rockfall events are sporadic and
unpredictable. Rock fragments with energies greater than those evaluated, as well as events
with multiple rocks, are possible at this location. The impact energy of very large rocks may
exceed the design capacity of most systems. Complete protection from all rockfall hazards is
not achievable. Rockfall from a very large event is less likely to occur, but may take place
during the design life of the structure. The findings and recommendations given in this report
are site - specific, and are only valid for the subject site.
The scope of services for this project did not include, specifically or by implication, any
environmental or biological (e.g., mold, fungi, and bacteria) assessment of the site or
0
uuulJ53
/A
Naturally
Site
Occurring
Risk
Hazard
Primary
Debris Flow
Negligible
Rockfall
Negligible
Debris Flow
Negligible
Secondary
Rockfall
Low
Tertiary
Debris Flow
Moderate
Rockfall
Negligible
5.0 LIMITATIONS
The conclusions and recommendations submitted in this report are based upon the data
obtained from field reconnaissance and anticipated construction. If the existing slopes are
altered by grading operations, wild fire and /or slope instability, we should be contacted to review
our recommendations in lieu of the altered slopes. If rockfall or debris flow mitigation is included
in the site - specific development plan, Yeh and Associates, Inc. should review the proposed
design and construction procedure. The conclusions and recommendations submitted in this
report are based upon data obtained from the observations made in the field and numerical
modeling. It should be noted that debris flow and rockfall events are sporadic and
unpredictable. Rock fragments with energies greater than those evaluated, as well as events
with multiple rocks, are possible at this location. The impact energy of very large rocks may
exceed the design capacity of most systems. Complete protection from all rockfall hazards is
not achievable. Rockfall from a very large event is less likely to occur, but may take place
during the design life of the structure. The findings and recommendations given in this report
are site - specific, and are only valid for the subject site.
The scope of services for this project did not include, specifically or by implication, any
environmental or biological (e.g., mold, fungi, and bacteria) assessment of the site or
0
uuulJ53
/A
Feldman Property
Geohazard Consultation
Project No. 212 -145
identification or prevention of pollutants, hazardous materials or conditions or biological
conditions. If the owner is concerned about the potential for such contamination, conditions or
pollution, other studies should be undertaken.
The report was prepared in substantial accordance with the generally accepted standards of
practice for geotechnical engineering as exist in the site area at the time of our investigation.
No warranties, express or implied, are intended or made.
Respectfully Submitted:
YEH AND ASSOCIATES, INC.
Sylvia White
Staff Geologist
Reviewed by:
Richard D. Johnson, P.E.
Project Manager
U00054 g �A
NEPA• •WILDLIFE••VEGETATION••WILDFIRE MITIGATION — WETLANDS — PLANNING
October 24, 2012
Richard Camp
RCLA
417 Main Street, Studio C
Carbondale CO, 81623
RE: Feldman Property, 101 Cherokee Lane (Swiss Village)
Dear Mr. Camp
Please submit this letter with your application to Pitkin County.
I visited the Feldman Property in Pitkin County, on September 27, 2012 with the owner's
representative Mr. Rich Camp. Mr. Camp is preparing a Activity Envelope / Site Plan Review for
establishment of an activity envelope. The entirety of the lot is considered "Severe Hazard ".
The topography around the homesite can be characterized as a variable slope generally ranging
from 5 to 30% with some areas exceeding 45% with continuous brushy fuels. There are no areas
within the Lot that are not Severe Hazard areas. Therefore, the following Mitigations are
recommended for new construction activities:
I. Defensible Space
As during construction most of the vegetation within at least 20' of the structure will likely be
removed, re- planting of vegetation must adhere to the following:
2.
000055
Brush, debris and non - ornamental vegetation shall be removed and not replaced within a ten -
foot perimeter around all structures. Grasses, forbs and irrigated ornamentals are allowed, as
long as they are not brushy or coniferous (see below).
Clumps of brush up to a sixty -foot (60� perimeter (or to lot boundaries) shall be thinned to
601/6 of the original canopy, leaving
approximately 40% of original brush
canopy cover. Maximum diameter of the
remaining clumps shall be '/i the height
of the fuel. All measurements shall be
from the edges of the crowns of the fuel.
Shrubs shall be cut at the surface, and cut
material must be removed. Grubbing out
of stumps is not necessary. Re- sprouting
will occur, but fuel moistures will be high,
and would reduce fire hazards. No
remaining clumps should be larger than
approximately 25' in diameter. Thinning
can be done in an aesthetically pleasing
manner, and heavier thinning should
PO BOX 833 • GLENWOOD SPRINGS • COLORADO • 81602
PHONE /FAX: (970) 945 -9558 • CELL: (970) 309 -4454
EMAIL: EPETTERSON@RMES- INC /COM • WWW.RMES- INC.COM
occur nearer to the house and below the house. Re- sprouting shrubs will likely need to be re-
thinned within 10 years.
3. No conifers may be within 20' of the residence, and no conifers may be placed below (down
slope) of the residence Tree crown separation shall be a minimum of 20', except for aspen
trees, which do not need to have a tree crown separation.
4. No branches shall be within 15' of a chimney, and no branches shall be within 15' of the
structure.
5. All deadfall and dead branches on shrubs shall be removed up to a 100' perimeter, or to
property boundaries.
6. No flammable mulches shall be placed within T of a residence.
7. Installed or native landscaping within 20' of the house should not contain any brushy species -
only grasses or forbs are allowed. Aspen trees are allowed near the house, as long as they are
not within 10' of the structure, and are kept limbed to 10' (unless the trees are less than 10'
tall). No trees of any species may be within 15' of any window.
8. The property owner shall be responsible for the continued maintenance of the above listed
vegetation requirements.
II. Access
1. No conifers are allowed within 15' of
the driveway. Remove all deadfall
within 25' on the downhill side of
the road. Remove 50% of the
canopy of shrubs within 15' of
either side of the access road. This
can be done in an aesthetically
pleasing manner, but all understory
shrubs which are ladder fuels (e.g.,
snowberry) must be cut to the
ground surface.
2.
Low vegetation (grasses, forbs and
low shrubs) shall be kept mowed to
less than 6" within at least 10' of either side of the driveway during the summer season.
III. Water Supply for Fire Safety
1. Any fire department recommendation for individual structure water supply and storage
shall be accessible to fire department vehicles from the exterior of the structure through a
fire department approved mechanism (such as a fire hydrant). The amount of storage
capacity shall be determined by the fire protection district with a minimum of 1,000 gallon
storage capacity per structure.
2. All structures where humans congregate regularly shall be required to install in -house
sprinkler systems that meet the standards of the local fire protection district and the IBC,
if desired by the Fire Marshall. At building permit submittal, the local fire protection
district may require smaller structures to be sprinkled due to hazard considerations,
emergency access difficulties and lack of proximity to fire protection services.
Y MOUNTAIN ECOWGICAL SERVICES, INC
000056
Feldman Properh [E'ilrlfire Ha ,ard Remem October 24 2012
IV. Roofing Materials, Roofing Vents and Projections at and Below Roof Line
1. General Roofing Standards
Roofs with less than a 3:12 pitch are only allowed as long as they comply with the
following:
a. All roof coverings shall be constructed of non - combustible materials.
b. All roof coverings shall have a surface that shall facilitate the natural process of
clearing roof debris.
c. Protrusions above the roofline, such as parapets, shall be prohibited.
d. Roofs shall be installed as required by the adopted Building Code and shall have a
trummum roof pitch of 1:48.
e. All roof designs, coverings, or equivalent assemblies shall be specifically approved
by the Fire Marshall prior to submittal of a building permit application.
2. Roof Venting
a. Soffit venting shall be located in the outer 1 /3rd portion of the overhang.
b. Attic, soffits and other roof venting shall be of non - corrosive metal mesh with
maximum 1/4" openings.
3. Roofing Materials
a. Any new roofs shall be constructed with a non - combustible covering (see IBC
Section 1505.2).
4. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs,
Fascias, or Other:
a. One hour rated material or any material underlain by 5/8 Type X gypboard or
equal, or
b. "Type IV" Heavy Timber materials, per the IBC.
5. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
a. Construction with noncombustible or 1 hour rated material, or material with flame
spread <25 (tested to ASTM E84 and listed for exterior use), or
b. Conventionally framed deck with waterproof surface and underside protected with
5/8" Type X gvpboard or equal (decking as "a" above), or
c. "Type IV" Heavy Timber materials: joist and beams minimum 6 "x10 ", columns
minimum 8 "v8 ", decking minimum 4" in depth, or decking as "a" above, or
equivalent log construction, or
d. Enclose projection vertically to ground with 1 hour fire resistive materials (Decking
as "a" above).
6. Railings
a. Railings must be constructed of noncombustible or "Type IV" Heavy Timber
materials
Ro(i,Y MOUNTAIN ECOLOGICAL SFRVICES, INC
UUUJ57
Feld ii Propgo 11'16tfire Ha. rd Review October 24, 2012
7. Exterior of the Structure, Including All Walls
a. One hour fire resistive rated materials, or
b. 5/8" gypboard underlying combustible materials, or
c. Cement stucco, minimum 3/411 thickness
d. All glazing on windows to be tempered glazing or equivalent to protect windows
from shattering under extreme heat, and
e. Doors to be metal or wood 1 3/4" thick minimum.
8. Foundations
a. Foundations, skirting, and crawl space opening shall be fully enclosed and
constructed with materials approved for 1 hour fire - resistive construction on the
exterior side of the walls and shall extend from the top of grade to the underside
of the floor decking or walls.
9. Maintenance and Miscellaneous Requirements
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 shall be stored on a parallel contour a minimum of fifteen
(15) feet away from any structure.
d. Weeds and grasses within the ten (20) foot perimeter shall be maintained to a
height of not more than six (6) inches.
e. Firewood /wood piles shall be stacked on a parallel contour a minimum of fifteen
(30) feet away from the structure during the spring, summer and fall months.
f. Swimming pools and ponds shall be accessible by the local fire district.
g. Fences shall be kept clear of brush and debris.
h. Wood fences shall not connect to other structures.
Fuel tanks shall be installed underground within an approved container.
Propane tanks shall be buried, if possible, or installed according to NFPA 58
standards and on a contour away from the structure with standard defensible space
vegetation mitigation around any aboveground tank. Enclosures around the tank
shall be constructed with materials approved for two (2) hour fire - resistive
construction on the exterior side of the walls, or if possible non - combustible
materials.
k. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
1. Addresses shall be clearly marked with two (2) inch non - combustible letters and
shall be visible at the primary point of access from the public or common access
road and installed on a non - combustible surface.
ROCKY NIOUN'I'AIN EC0IS)C,I<,.1I. SERVICES, INC
UUI;UJ
Feldman Pro NM, Ik'ilAlire Ha-;,an! Revrew October 24 2012
The standards stated in 7 -20 -60 Wildfire Hazards, has been modified for the conditions at this
property. While no home is truly "fire proof ", these recommendations are provided to improve
defensibility of a home in the event of a wildfire. These recommendations are provided as minimum
standards for defensibility, and long -term maintenance of fuel conditions would be necessary to
ensure defensibility. Thank you for this opportunity to comment on this property, and please feel free
to email if you have any questions.
Sincerely,
Eric Petterson
Rocky Mountain Ecological Services, Inc.
?R!1CkY MOUNTAIN ECOLOGICAL SERVICE$, INC
�UUUi
EXHIBIT #5
11121
NEPA•• WILDLIFE••VEGETATION•• WILDFIRE
October 24, 2012
Richard Camp
RCLA
417 Main Street, Studio C
Carbondale CO, 81623
RE: Feldman Property, 101 Cherokee Lane (Swiss Village)
Dear Mr. Camp
Please submit this letter with your application to Pitkin County.
I visited the Feldman Property in Pitkin County, on September 27, 2012 with the owner's
representative Mr. Rich Camp. Mr. Camp is preparing a Activity Envelope / Site Plan Review for
establishment of an activity envelope. The entirety of the lot is considered "Severe Hazard".
The topography around the homesite can be characterized as a variable slope generally ranging
from 5 to 30% with some areas exceeding 45% with continuous brushy fuels. There are no areas
within the Lot that are not Severe Hazard areas. Therefore, the following Mitigations are
recommended for new construction activities:
I. Defensible Space
As during construction most of the vegetation within at least 20' of the structure will likely be
removed, re- planting of vegetation must adhere to the following:
1. Brush, debris and non - ornamental vegetation shall be removed and not replaced within a ten -
foot perimeter around all structures. Grasses, forbs and irrigated ornamentals are allowed, as
long as they are not brushy or coniferous (see below).
2.
Clumps of brush up to a sixty -foot (60� perimeter (or to lot boundaries) shall be thinned to
60% of the original canopy, leaving
approximately 40% of original brush
canopy cover. Maximum diameter of the
retraining clumps shall be 1/2 the height
of the fuel. All measurements shall be
from the edges of the crowns of the fuel.
Shrubs shall be cut at the surface, and cut
material must be removed. Grubbing out
of stumps is not necessary. Re- sprouting
will occur, but fuel moistures will be high,
and would reduce fire hazards. No
remaining clumps should be larger than
approximately 25' in diameter. Thinning
can be done in an aesthetically pleasing
manner, and heavier thinning should
000060
PO BOX 833 • GLENWOOD SPRINGS • COLORADO • 81602
PHONE /FAX: (970) 945 -9558 • CELL: (970) 309 -4454
EMAIL: EPETTERSONQRMES- INC /COM • WWW.RMES- INC.COM
occur nearer to the house and below the house. Re- sprouting shrubs will likely need to be re-
thinned within 10 years.
3. No conifers may be within 20' of the residence, and no conifers may be placed below (down
slope) of the residence Tree crown separation shall be a minimum of 20', except for aspen
trees, which do not need to have a tree crown separation.
4. No branches shall be within 15' of a chimney, and no branches shall be within 15' of the
structure.
5. All deadfall and dead branches on shrubs shall be removed up to a 100' perimeter, or to
property boundaries.
6. No flammable mulches shall be placed within 2' of a residence.
7. Installed or native landscaping within 20' of the house should not contain any brushy species -
only grasses or £orbs are allowed. Aspen trees are allowed near the house, as long as they are
not within 10' of the structure, and are kept limbed to 10' (unless the trees are less than 10'
tall). No trees of any species may be within 15' of any window.
8. The property owner shall be responsible for the continued maintenance of the above listed
vegetation requirements.
II. Access
1. No conifers are allowed within 15' of
the driveway. Remove all deadfall
within 25' on the downhill side of
the road. Remove 50% of the
canopy of shrubs within 15' of
either side of the access road. This
can be done in an aesthetically
Pleasing manner, but all understory
shrubs which are ladder fuels (e.g.,
snowberry) must be cut to the
ground surface.
2.
Low vegetation (grasses, (orbs and
low shrubs) shall be kept mowed to
less than 6" within at least 10' of either side of the driveway during the summer season.
III. Water Supply for Fire Safety
1. Any fire department recommendation for individual structure water supply and storage
shall be accessible to fire department vehicles from the exterior of the structure through a
fire department approved mechanism (such as a fire hydrant). The amount of storage
capacity shall be determined by the fire protection district with a minimum of 1,000 gallon
storage capacity per structure.
2. All structures where humans congregate regularly shall be required to install in -house
sprinkler systems that meet the standards of the local fire protection district and the IBC,
if desired by the Fire Marshall. At building permit submittal, the local fire protection
district may require smaller structures to be sprinkled due to hazard considerations,
emergency access difficulties and lack of proximity to fire protection services.
PROCKY MOUNTAIN ECOLOGICAL SFXVICE3, INC
000061
Feldniaii frobLM lE'Ql re HaZanl Remeu, October 24 2012
IV. Roofing Materials, Roofing Vents and Projections at and Below Roof Line
1. General Roofing Standards
Roofs with less than a 3:12 pitch are only allowed as long as they comply with the
following:
a. All roof coverings shall be constructed of non - combustible materials.
b. All roof coverings shall have a surface that shall facilitate the natural process of
clearing roof debris.
c. Protrusions above the roofline, such as parapets, shall be prohibited.
d. Roofs shall be installed as required by the adopted Building Code and shall have a
minimum roof pitch of 1:48.
e. All roof designs, coverings, or equivalent assemblies shall be specifically approved
by the Fire Marshall prior to submittal of a building permit application.
2. Roof Venting
a. Soffit venting shall be located in the outer 1 /3rd portion of the overhang.
b. Attic, soffits and other roof venting shall be of non - corrosive metal mesh with
maximum 1/4" openings.
3. Roofing Materials
a. Any new roofs shall be constructed with a non - combustible covering (see IBC
Section 1505.2).
4. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs,
Fascias, or Other:
a. One hour rated material or any material underlain by 5/8 Type X gypboard or
equal, or
b. "Type IV" Heavy Timber materials, per the IBC.
5. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
a. Construction with noncombustible or 1 hour rated material, or material with flame
spread <25 (tested to ASTNI E84 and listed for exterior use), or
b. Conventionally framed deck with waterproof surface and underside protected with
5/8" Type X gypboard or equal (decking as "a" above), or
c. "Type IV" Heavy Timber materials: joist and beams minimum 6 "x10 ", columns
minimum 8 "v8 ", decking minimum 4" in depth, or decking as "a" above, or
equivalent log construction, or
d. Enclose projection vertically to ground with 1 hour fire resistive materials (Decking
as "a" above).
6. Railings
a. Railings must be constructed of noncombustible or "Type IV" Heavy Timber
materials
ROCKY NIOUNTAIN ECOLOGICAL SERVICES, INC
ODUub2
Feldman ProterN IFQLrre H and Remem October 24. 2012
7. Exterior of the Structure, Including All Walls
a. One hour fire resistive rated materials, or
b. 5/8" gypboard underlying combustible materials, or
c. Cement stucco, minimum '. /4" thickness
d. All glazing on windows to be tempered glazing or equivalent to protect windows
from shattering under extreme heat, and
e. Doors to be metal or wood 1 3 /4" thick minimum.
8. Foundations
a. Foundations, skirting, and crawl space opening shall be fully enclosed and
constructed with materials approved for 1 hour fire- resistive construction on the
exterior side of the walls and shall extend from the top of grade to the underside
of the floor decking or walls.
9. Maintenance and Miscellaneous Requirements
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 shall be stored on a parallel contour a minimum of fifteen
(15) feet away from any structure.
d. Weeds and grasses within the ten (20) foot perimeter shall be maintained to a
height of not more than six (6) inches.
e. Firewood /wood piles shall be stacked on a parallel contour a minimum of fifteen
(30) feet away from the structure during the spring, summer and fall months.
f Swimming pools and ponds shall be accessible by the local fire district.
g. Fences shall be kept clear of brush and debris.
h. Wood fences shall not connect to other structures.
i. Fuel tanks shall be installed underground within an approved container.
j. Propane tanks shall be buried, if possible, or installed according to NFPA 58
standards and on a contour away from the structure with standard defensible space
vegetation mitigation around any aboveground tank. Enclosures around the tank
shall be constructed with materials approved for two (2) hour fire - resistive
construction on the exterior side of the walls, or if possible non - combustible
materials.
k. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
1. Addresses shall be clearly marked with two (2) inch non - combustible letters and
shall be visible at the primary point of access from the public or common access
road and installed on a non - combustible surface.
?71�(YMOUNIAIN ECOLOGICAL SERVICES, INC
0 01 U, 6'1
Feldnean Pro N!4, li f'iWre Ha. and Revie)v October 24, 2012
The standards stated in 7 -20 -60 Wildfire Hazards, has been modified for the conditions at this
property. While no home is truly "fire proof ", these recommendations are provided to improve
defensibility of a home in the event of a wildfire. These recommendations are provided as minimum
standards for defensibility, and long -term maintenance of fuel conditions would be necessary to
ensure defensibility, Thank you for this opportunity to comment on this property, and please feel free
to email if you have any questions.
Sincerely,
Eric Petterson
Rocky Mountain Ecological Services, Inc.
?RtYNIOUNTAIN ECOLOGICAL SERVICES, INC
UUL'064
A
n l-
EXHIBIT #6
COLORADO DIVISION OF WATER RESOURCES
Office Use Only Form GWS -44 (05/2011)
NATURAL
DEPARTMENT OF RSOUCES
RfECEIVED
1313SH ST., 80203
Main 303 866 -3581 Fax 303) 866 -3589
RESIDENTIAL Note Also use this form to apply for livestock watering
Water Well Permit Application
EB 2 1 'j2
Review form Instructions prior to completing form. WA
ER RCSOURCL-S
The form must be completed in black or blue Ink or typed. S RTE
ENGINEER
1. Applicant Information
6. Use
Of Well check applicable boxes)
Name ya ���^^^
/ /n�//
R0, t11
See instructions to determine use(s) for which you may qualify
LI �� D b b3
lAi'/ `V(
❑ A. Ordinary household use to one single - family dwelling
(no outside use)
/
Mleam aaAre I
Q B Ordinary household use Al to 3 single - family dwellings*
City
stat/�
zip wael
�`
v
Number of dwellings:
� Home garden /law irrigation, not to exceed one acre:
Telephone a
E -mutt �°�}at
( T� 2101 -7 73S'
f�
^ area irrigated 1 ❑ sq. fl. dacre
C3 / Domestic animal watering - (non - commercial)
C. Livestock watering (on farm /ranch /range /pasture)
2. Type Of Application (check applicable boxes)
❑ fonstruct new well ❑ Change source (aquifer)
Replace existing well ❑ Reapplication (expired permit)
7. Well Data (proposed)
El Use existing well I-] Rooftop precip, collection
Maamum pumpng rate 9pm
Amua amount to be withdrawn acre-feet
❑ Chance or increase use ❑ Other:
3. Refer To (if applicable)
wApalmit�k^'j
welpr CouncesekQO
!/e
Talal tlepl
feet
Aquifer
�-{-� 1 b e-�- I C,U
oadguted Basin DetemYnaYm a
wall
tlC/JY
8. Water Supplier
'
O 50 ✓(
Is this parcel within boundaries of a water service area? ❑YES NO
If es, provide name of supplier:
4. Location Of Proposed Well Im ortantl See Instructis/4
County r
PA
S r
9. T pe Of Sewage System
� N
1/4 of the :
Septic tank / absorption leach field
s
inhip N a''s./
Ra E orw
A
Pend M 4alan
�Sa-
❑ 159
gm ❑
❑ Central system: District name:
Cl Vault' Location sewage to be hauled lo.
ol;unc;grwail lran.- a- uhas(saclronlln ere trvma�i nom `paPartY lino,)
— l�
��/ -�-o[�
FL lb. ❑ N S Fl from ❑ W
❑ Other (attach copy of engineering design and report)
F oN - aularce aria drat f ton
stems welu olawetl war 1
10. Proposed Well Driller License # (o tional): 10 Q{
t' et �f;J(orc:% 665 cirection
Wtlbutbn address(indude City, slate, Zip) LJ Ctwck it well address Is same as in lean l
11. Signature Of Applicant(s) Or Authorized Agent
SDI cl�ero lie
The making of false statements herein constitutes perjury In the second
degree, which is punishable as a class 1 misdemeanor pursuant to C R.S.
(13)(a). I ha read the statements herein, know ale contents
optgnd: GPS welt location tMOmnaoon in u7M format
DPS unit aelarga ere as follows
(hereof tate Drathey are true to wlattice.
thereof
Famets UTM
Sign (l u t be riot sngnalur
Date
12 or
O ]nne 12 or O Zone D
Easbng.
Unamust be Meters
OaWm moat be NA083
beseltcked north
Nonhmo:
Pnnl nom 8l
I _' / �s'���
/C�(�(.'-I
VlasGst
wesdPS vxt rneaea for aboae9 ❑YES
Rememberto set Datum to NA083
tI 7U v f i^
N
5. Parcel On Which Well Will Be Located
Office Use Only
YOU MUST ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL
USES map name
DVJR mapw
surhtteelev
A. Y u must check and coma ete one_of me following.
Subdiviusio/n: Name L7 (1 /; SG (�' IICA C9-P
Lot Block Filing /Unit
Receipt area only
1!�
Z-�R FGlstAiV
❑ County exemption (attach copy of county approval & survey),
14 ,y p f
yl
Name /# Lot #
❑ Parcel less than 35 acres, not in a subdivision, attach a deed with metes
and bounds description recorded prior to June 1, 1972, and a current
deed
❑ Mining claim(asachacopyof the deadorsuney) :Name /#
` -- -
❑ Square 40 acre panel as described In Item 4
ADUAMAP
❑ Parcel of 35 or mare acres (attach a metes and bounds description or surrey)
WE
❑ Other (attach metes 6 bounds descnman or surrey and supponirg documents)
W'R
CWCB
8 sot acres in parcel D fe you the Owner of this parcer+
YES❑NO(d no -see inswcaonsi
D' 4.1 th s beg. ony we of on lna parceI YES❑NO(it no -LA odwrwelrs)
TOnO
E Su!e Parcel lJd o eons, ij - -- _(- ' Z� 1' 0--0 ) V
MYLAR
C 2'l
535 DIV / WD / 8A MD
uuu!065
NUTTII \
UUUU006
r
r
.v1
. L rf'_ . y
�p' yy1
'r •yn ',
? J r
a.
r
� z
CallaFldW ez le AaMlN 1
I OA,AFW CoumF EApM y �alalt —
PaNACRNMY ly
I
3 1
Nona.
rmN —' ----
1911a —�
rAd o
• IC
Owner's Aeknowlefternent
The owner arknowlee9es being Informed by Pitkln County Of the
"Istence of'enWhonment it hazard areas' that might affect the property,
any improvements, and the use thereof. The provisions of the Pitkin
County regulations do not In any way assure or Imply that the areas
outaide of desigratee hazard are.. Will be free from hazards or that
approved mitigation measures will guarantee one safety of the property.
Nathan Feldman
CommunRy DaralopmaM Directors Approval
This Feldman Activlty Envelope/site Plan has been reviewed and
approved by the Community Development Dimptor of Pitkin County This
day of 3013 and Is subject to Administrative Decision
No._ 3013, recorded as Reception W
Cindy HOuben, Community Development Director
Clerk and Recorder's Certificate
This Feldman Activity Envelope antl Site Plan has been accepted for
recording in the Offlce of Line Clerk and Recorder of Pitkin County,
Colorado this _ day Of 2013 in Flat BOOk_ at
page _ as Reception No.
Feldman Property
Activity Envelope Site Plan
Pitkin County Parcel ID #: 264929100007.
property Address:
101 Charolow u.
CPr6oldai¢, Colonao 81613
County 01 Pi%xln, Stag or coomFu
Legal Description:
LYING�Of
FPLBTEaLLYY OF The CENIERLINE OF A 30EFEXT ROADWAY SAID PARCELSOF lAND EING OEBO ND AS FOLLOWS: PRINCIPAL MERIDIAN,
9EOINNING AT A POINT WHENCE A STONE FOUND IN PLACE AND PROPERLY MARKED MR THE EAST QUARTER CORNER M SAID SEOOON 29
BEARS'. 5, a9•lT'IS. E. Lao611 FELT; THENCE N. )2.20100" W. 5T, 82 FEET TO A POINT IN THE CENTER OF SAID RWDWAY;
THENCE N. 12 °51'00" W. IM 43 FEET ALONG THE CENTER OF SAID ROADWAY,
THENCE 112.50 FEET ALONG THE AMC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 143.34 FEET; THE CHORD OF WHICH BENTS;
N. fN•3500" E. 109.83 FEET;
THENCE N. 22.0apo" E. 7.42 FEET ALONG THE CENTER OF SID ROADWAY;
THENCE S. )2.20'00' E. 142,5) FEET;
THENCE S. 1>•a0'p0" w. 2M.00 FEET TO THE POINT OF BEGINNING.
AND
A PARCEL OF LAND SVTJATED IN THE Ela OF SECTION 29, TDWNSHIP 9 SOUTH, MNGE aB WEST OF THE ETH PRINCPAL MERSHAN
WHOSE EASTERLY BOUNDARY IS THE CENTER LINE OF A THIRTY FOOT ROAD EASEMENT, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF SAID ROAD
TOWNSHIP 9 SOUTH, RANGE as WEST BEARS S. 7146-41' E
THE EAST QUARTER CORNER OF SKrICN 29,
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TOF TANGENT;
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Roof Plan
The Feldman Residence
101 Cherokee Lane, Atkin County, Colorado
East Elevation
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A.D.U. Floor Plan
The Feldman Residence
101 Cherokee Lane, Pitkin County, Colorado
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PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on May 1, 2013, the Pitkin
County Community Development Director granted approval for the Feldman Activity
Envelope, Site Plan Review, Special Review and GMQS Exemption for a Caretaker Dwelling
Unit (Case P112 -12; Deter. 4026 - 2013). The property is located at 101 Cherokee Lane,
and is legally described as a parcel of land situated in the SW 1/4 NE 1/4 of Section 29,
Township 9 South, Range 88 West of the 6`h P.M. The State Parcel Identification for the
property is 2649 - 291 -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 MAY 16, 2013.
PUBLIC NOTICE
RE: Feldman Activity Envelope, Site Plan Review, Special Review and GMQS
Exemption for a Caretaker Dwelling Unit
(CASE# P112 -12; PID 2649- 291 -00 -007)
NOTICE IS HEREBY GIVEN that an application has been submitted by Nathan
Feldman (1820 West 2nd Avenue, Durango, CO 81301) requesting to establish an
Activity Envelope and obtain Site Plan Review approval for a new single family
residence and GMQS Exemption and Special Review approval for a Caretaker Dwelling
Unit. The property is located at 101 Cherokee Lane, and is legally described as a parcel
of land situated in the SW '/< NE '/< of Section 29, Township 9 South, Range 88 West of
the 6d' P.M. The State Parcel Identification for the property is 2649 - 291 -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 Suzanne Wolff at (970) 920 -5093.
Published in the Aspen Times Weekly on December 20, 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 January 21, 2013. 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% 20Dev IPlanningILand_Use_Applicatio
ns/P I 12_12_app.pdf
County of Pitkin ) AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2 -20 -100
1 \�`^ 0,LA"o^^rr•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 2 -20 -100 of the Pitkin County Land Use Regulations in
the following manner:
I. 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 �ttached list, on the 1% day of %t-t- , 2043(which is 31t days prior to the public
hearing date of The names and addresses of the adjacent property owners shall be those
on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public
hearing.
2. By 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 the owner(s) of the mineral estate underneath the subject
property, as indicated on the attached list, on the -L, day of DK , 204; (which is 3 t days prior
to the public hearing date of Ai . The names and addresses of the mineral estate owners shall
be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to
the public hearing.
3. By posting a sign in a conspicuous lace on the subject property (as it could be seen from the nearest
public way) on the q day of 204A which is at least fifteen (15) days prior to the
public hearing. A photograph of the posted sign is attached hereto.
Applicant's name Signature
(Attach photograph here)
NOTARY'*
•, PUBUC
00,
Signed before me this Ok day of
2063by
P\ 1, All Q v J %..-.._
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
1. l_ 2 _ P/ r,'c t4,1 n
Notary Public
►tare+ b 6$uo7111015
`t ��Ab 'C's SignAkuren a
I 0_� y
PUBLIC NOTICE
RE: Feldman Activity Envelope, Site Plan Review, Special Review and GMQS
Exemption for a Caretaker Dwelling Unit
(CASE# P112 -12; PID 2649- 291 -00 -007)
NOTICE IS HEREBY GIVEN that an application has been submitted by Nathan
Feldman (1820 West 2nd Avenue, Durango, CO 81301) requesting to establish an
Activity Envelope and obtain Site Plan Review approval for a new single family
residence and GMQS Exemption and Special Review approval for a Caretaker Dwelling
Unit. The property is located at 101 Cherokee Lane, and is legally described as a parcel
of land situated in the SW '/4 NE' /4 of Section 29, Township 9 South, Range 88 West of
the 6`h P.M. The State Parcel Identification for the property is 2649 - 291 -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 Suzanne Wolff at (970) 920 -5093.
Published in the Aspen Times Weekly on December 20, 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 January 21, 2013. 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.com/ Portals /0 /docs/ county /Com %2ODev /Planning /Land_Use_Applicatio
ns /P 112_12_app.pdf
0
Easy Peel® Labels i ♦ Bend along line to Q AVERY® 51600
Use Avery® Template 51600 A, Feed Paper expose Pop -up Edge *" 1
BRATCHER ROBERT WINSTON
PO BOX 832
BASALT, CO 81621
DIAZ MARCO A & TROYANNE M
13 APACHE TRL
REDSTONE, CO 81323 -9402
HAINES PHILIP R
186 CHEROKEE LN
CARBONDALE, CO 81623 -9437
HESSE JAMES R & KATHERIN L
0125 APACHE TRL
REDSTONE,CO 81623
PAYBERG ALICE B FAMILY TRUST
PO BOX 1823
CAMP VERDE, AZ 86322 -1823
TEEPLE DONALD
139 CHEROKEE LN
CARBONDALE, CO 81623
BROCKETT H L
213 BRUMLEY RD
AUBREY.TX 76227
DILORENZO DAVID L
114 APACHE TRAIL
CARBONDALE, CO 81623 -9402
HEBING DOYLE
KUHR- HEBING RONNDA
0035 APACHE TRAIL
CARBONDALE, CO 81623
HILL IRVING H
10225 W DESERT ROCK DR
SUN CITY. AZ 85351
SCHEDER - BIESCHIN RENATA
77 APACHE TR
REDSTONE.CO 81623
TRAHERNINVESTMENTSLLC
C/O T CHARLES OGILBY
12853 HWY 133
CARBONDALE, CO 81623
CONLEY TIMOTHY S & LESLIE R
PO BOX 9172
ASPEN, CO 81612
GRIGGS KELLY & TERRY
PO BOX 42
CARBONDALE, CO 81623
HEENEY BRIAN
KASDEN LINDA
80 APACHE TRAIL
CARBONDALE, CO 81623
MECKLEY SHANNON & MARCIA
0138 APACHE TRL
CARBONDALE, CO 81623
SWISS VILLAGE HOMES ASSOCIATION
PO BOX 1142
CARBONDALE, CO 81623
Etiquettes faciles a peter A Repliez a la hachure afin de www.avery corn
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Utilisez le aabarit AVERY® S1600 ', _�_.______ reveler le rebord Poo -uo^'c I 1- 800 -GO -AVERY
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PUBLIC NOTICE +r,'
PURPOSEA_� \y1T���1�t4PE/
Sly E
1�
AN4S�1CtETf�K TJELMAN
COMMENTSIOBJECTIONS
Any comments or objections must he
provided to the Pitkin County �-
community Development Daepartmcut, j
130 South Galena Street, Aspen, CO
at 611, 970 -520 -5526 by the IoOowing
date.
DATE -3PTM1 M
FOR FURTHER INFO
CONTACT: SuzANAMA&L"
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Suzanne Wolff
From:
Bill Gavette <gavette @carbondalefire org>
Sent:
Friday, April 12, 2013 9:37 AM
To:
Suzanne Wolff
Subject:
RE: Feldman
16' would be great and it also helps with the defensible space. I don't think an agreement is necessary. We used that
tank last year for a fire down below in Swiss Village. The reality is that any fire in the neighborhood threatens all of the
homes and it would be negligent to not use the tank water to control a fire.
From: Suzanne Wolff (ma ilto: Suzan ne Wolff @co.pitkin.co.us]
Sent: Friday, April 12, 2013 9:24 AM
To: Bill Gavette
Subject: RE: Feldman
Hi Bill. Thanks for getting to this so quickly.
I think we will require them to widen the driveway to 16', particularly since it exceeds the allowable grade, but certainly
helps if you don't need to get a fire truck up there!
Would he need some agreement with Crystal River Estates for use of that tank? I'm sure the Fire Dept just uses what is
available when there is a need, but seems like it would be better for the neighbors to work that out ahead of time,
rather than after. Just wondering how that has worked out in similar circumstances.
Thanks again!
From: Bill Gavette [mailto•gavette(o)carbondalefire org]
Sent: Thursday, April 11, 2013 9:28 PM
To: Suzanne Wolff
Subject: RE: Feldman
Suzanne,
I have previously visited the site. The proposed new home is close enough to Cherokee Lane to allow access for fire
apparatus from the road without needing to use the driveway. I looked at the driveway and there doesn't appear to
any better alternative to the proposed location. The steepest part of the driveway is relatively straight and it flattens
out before the hairpin turn which is preferable. Overall, I comfortable with the proposed access.
The Crystal River Estates subdivision has a 37,000 gallon water storage tank directly off of Cherokee Lane on the west
side. It is located adjacent to the Feldman lot at the northeast lot corner. The tank has a direct connection for fire
apparatus. The water supply is adequate and no fire sprinkler system is required since the proposed residence is less
than 5,000 square feet.
Please contact me if you have any other questions.
Thanks,
Bill Gavette
Deputy Chief
Carbondale & Rural Fire Protection District
www.carbondalefire.org
970 - 963 -2491
1 1 Z
l
rIRL. EMS -RUCCE
From: Suzanne Wolff [ mailto :Suzanne.Wolff(&co.pitkin.co.us]
Sent: Tuesday, April 09, 2013 10:27 AM
To: Bill Gavette
Subject: Feldman
Hi Bill. Hope you got the referral from Bonnie yesterday. I'm home sick and couldn't get it to send
A few additional questions I don't think I included:
• Would you require the structures to be sprinklered in this location, even though less than 5,000 sf?
• How much water storage would you require? We like to make sure that is accommodated on the site plan.
Thanks.
2
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Arthur I. Mears, P.E., Inc.
Natural Hazards Consultants
555 County Road 16
Gunnison, CO 81230
Fax: (970) 641 -3236
Cell: (970) 275 -1548
April 12, 2013
Mr. Richard Camp
RCLA Landscape Architecture
417 Main Street — Studio C
Carbondale, CO 81623
Dear Mr. Camp:
As you know, I completed a site visit to the Feldman building site —5 miles north
of Redstone on April 8, 2013. This provides my findings and recommendations.
Objectives and Limitations
The purpose of my site visit was to:
1. Evaluate the exposure of the proposed main house and ADU to snow
avalanches thereby updating my February 14, 2013 report;
2. Observe previous avalanche damage, if any;
3. Utilize detailed topographic maps provided during our site visit; and
4. Calculate avalanche impact and depositional loads on the proposed house
and ADU.
This report is also subject to the following limitations:
1. Performance standards (loads and surface areas) are provided; structural
design details to satisfy the loads are beyond the scope of my work;
2. Any significant changes to the vegetation (e.g. by wildfire or removal of
vegetation) may increase avalanche frequency (see final section).
Avalanche Terrain and building exposure
The site visit enabled location of the main house and ADU with respect to
potential avalanche terrain with greater accuracy than was possible during my
office -based study in February. Consequently, I now conclude that the main
house is not exposed to avalanche path "A" mapped in my February 14 study or
path "B ". Path "A" was previously mapped on the USGS map (within the
limitations of the 40 -foot contour intervals available) but it flows to the south of
the house and ADU and will not reach either Cherokee Lane or the Feldman
access driveway. The lower portion of paths "A" and "B" are shown on Figure 1.
145-
A second smaller avalanche path "B" with a total vertical displacement of only
approximately 150 feet is located above the ADU as also shown on Figure 1. It
will produce modest static depositional loads on the ADU as detailed in the next
section of this report during design- magnitude 100 -year return period conditions.
Path B, because of its small volume, short vertical height and frictional resistance
from the existing scrub oak will stop in a gully southwest of the proposed main
house. Neither avalanche path "A" nor "B" will reach the main house.
Figure 1. Revised avalanche paths and RedBlue zones. Path "A" is the larger.
Avalanche loads on the ADU
Avalanche loads on the back roof and roof extension of the ADU are shown on
Figure 2. Loads result from deposited snow, compressed by the avalanche acts
vertically on the roof and extension. It should be treated as static loads. These
loads will persist until snow melt in the spring period (probably April at this
location) unless is removed. The vertically- acting roof loads in Figure 2 must be
added to the design snow loads usually considered in this part of Pitkin County.
2
East Elevation
b W -V4-
Figure 2. Static avalanche deposit loads on ADU (Elevation view from RCLA
drawing). Loads decrease linearly from 150 to zero psf but must be added to
snow live loads usually considered at this location.
Alternative design for avalanche loads
An alternative design would consist of reinforcing the north wall for snow -
avalanche impact loads of 100 Ibs /ftz up to the back eaves. Although this
alternative is feasible it may not be practical. The impact loads increase from
zero to the maximum of 100 Ibs /ftz in approximately 1.0 seconds and may need
to be increased by an impact factor' as determined by the structural engineer.
Windows would also require design for impact.
Room layout in the ADU
If the avalanche mitigation suggested is incorporated into the ADU, the layout of
rooms is arbitrary. All rooms should be equally safe because structural failure of
the building is not anticipated if an avalanche occurs. The entrance should
remain as planned.
' The impact factor may be determined empirically by the structural engineer and is related to the
rise time of impact (1.0 seconds) and the free period of the building (unknown). It lies between
1.0 and 2.0.
3
Vegetation changes and change in avalanche hazard
The avalanche starting zones in both paths (Figure 1) support a Gambel Oak
(Quercus gambeiii) shrub forest. This vegetation is not sufficiently dense to
prevent avalanches during the rare years when the snowpack is relatively deep
or enhanced by wind - transported snow in the starting zones. However,
avalanches may become more frequent if the Oak is partially or completely
destroyed by fire. We cannot estimate the probability of wildfire.
Avalanche frequency
Considering current conditions, avalanches at this location will have a small
probability (a long return period) due the relatively low elevation (7,000 to 7,500
feet) and the modest snow accumulations expected here. Avalanches capable of
reaching into the blue zones (Figure 1) will only be possible when a relatively
deep snowpack accumulates, probably during a sustained storm or a period of
closely- spaced large storms and the forest is compressed and partly buried by
snow in the upper portion of the paths. We estimate avalanches reaching the
ADU and terrain south of the main house will have a return period of
approximately 100 - years. This is the return period of the design avalanche in
Pitkin County.
Report prepared by,
Arthur I. Mears, P.E.
19
Arthur 1. Mears, P.E., Int.
Natural 11saads Consuhams
555 Cmimy Road 16
Cwedsmu CO 81230
Fa (970)611.3236
Cell: (970) 275.1518
April 16, 2013
Mr Rich Camp
RCLA
417 Mir. SWdw C
Carbondale, CO 81623
Dear Mr. Camp.
The detailed topographic map below shows
the runout of the smaller avalanche path in greater detail The avalanche
path boundades are tuUy u1na17ai(red by 01e 9Y �tl feaG1 mam house site. gxage. a ADU. This
revised mapping should be used to supplement
my Apol 12. 2013 report
Sincerity.
4 ,'41 ,-,7,�
Arthur L Mears. P.E-
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Arthur I. Mears, P.E., Inc.
Natural Hazards Consultants
555 County Road 16
Gunnison, CO 81230
Tel /Fax: (970)641 -3236
Cell: (970) 275 -1548
February 14, 2013
Mr. Nathan Feldman
101 Cherokee Lane
Carbondale, CO 81623
RE: Avalanche- hazard analysis, Crystal River property — 5 miles north of
Redstone
Dear Mr. Feldman:
At the request of Alan Richman, I have completed an evaluation of potential
avalanche hazard to your proposed building north of Redstone, Colorado. Due
to current potential avalanche risk, my study was office based. A site inspection
of the potential avalanche terrain could not be safely completed in late January,
2013. My conclusions are therefore based on a) topographic map evaluation, 2)
inspection of good - quality aerial imagery dated 2011, 3) application of avalanche -
dynamics modeling, and 4) my experience on more than 180 projects in Pitkin
County and more than 1,000 projects worldwide during the past 40 years.
Although a field inspection was not completed, I feel the conclusions below are
reasonable and probably would not be changed significantly if a site inspection
were completed.
1. Objectives
This report has the following objectives:
a. Evaluation of the terrain and avalanche- dynamics, including design -
magnitude' avalanche runout distance, velocity, flow height and impact
pressure potential at the building site.
b. Discussion of the feasibility of mitigation at the proposed site.
' The design magnitude avalanche in Pitkin County has a return period of 100 years (a 1%
annual probability).
Ivy
2. Limitations
You as my client should know that while our company can and does attempt to
uphold high professional standards, the state of scientific and engineering
knowledge is incomplete, and does not always permit certainty. The complex
phenomena involved in avalanches cannot be perfectly evaluated and predicted,
and methods used to predict avalanche behavior change as new research
becomes available. While we can and will offer our best professional judgment,
we cannot and do not offer any warranty or guarantee of results.
Furthermore this study applies to the building site location shown on RCLA
drawings dated October 19, 2012 and revised November 19, 2012. Any
significant changes to building shape, orientation or location may invalidate the
results of this study.
3. Previous Work
The building site is located below a steep, short drainage basin that may produce
debris flows and rockfall. These potential hazards have been addressed in a
report by Yeh and As sociates2 dated August 31, 2012 and revised on November
1, 2012. Evaluation of rockfall and debris flow hazards is beyond the scope of
my work.
The steep slopes above the building site have also been designated as potential
avalanche hazard areas on Pitkin County maps that were done in the mid -1970s
by Colorado State University. These maps are generalized, do not consider
terrain details and are intended to alert those considering land -use changes that
avalanche hazards may exist. The more detailed evaluation of avalanche
hazards required by Pitkin County is the objective of the current study, as noted
in Section 1 (above).
4. Avalanche terrain
A short, steep drainage basin is located directly west of the site. This basin faces
to the east and has a maximum elevation of approximately 7,465 feet, roughly
500 -550 feet above the site. The slopes support scattered trees but is covered
mostly by low vegetation that could be mostly obscured or compressed during a
heavy snowpack year. Deep snowcovers will, however, be unusual at this low -
elevation (for Colorado), east facing site. However during unusual and prolonged
storms that may be accompanied by persistent winds blowing down the Crystal
River canyon, a relatively deep, potentially unstable snowpack may accumulate
on steep north- facing parts of the small drainage. Unstable snowpack conditions
may produce shallow slab avalanches, particularly on steep, shaded north
exposures. We assumed, therefore, that shallow slab avalanches may occur on
2 Geohazard Evaluation Feldman Property 101 Cherokee Lane Pitkin County, Colorado, 9pages,
maps, and appendix.
2
some steep slopes during unusual snowpack conditions. Because the slopes
remain steep (250 - 40 °) nearly all the way down to the building sites, we feel
avalanches may reach and pass the site during unusual conditions 3.
Figure 1. Feldman site and avalanche red and blue zones are shown on the USGS
topographic map just above center of image.
5. Design - avalanche dynamics and modeling
The design- magnitude avalanche that must be considered in Pitkin County has
not been observed because it is a low- probability event requiring unusual
snowpack and storm conditions,. As noted previously, field observations have
not been done thus no field evidence of previous avalanches was obtained.
However, we do feel sufficient evidence exists to suggest avalanches are
s The Pitkin County land -use code stipulates that rare avalanches (annual probability of 1% or
return period of 100 years) must be considered in avalanche mapping, land -use planning and
mitigation.
3
possible at this site for the reasons discussed in Section 4. The design
avalanche was simulated through application of the Swiss avalanche- dynamics
model AVAL -1 D. Avalanche flow height, pressure, and velocity at the proposed
building sites were determined. Through avalanche simulations, terrain analysis
and aerial -photo interpretation, we determined the sites lie within a blue
(moderate- hazard) zone as defined in the County hazard regulations. The
avalanche hazard red and blue zones are approximated on the USGS map
(Figure 1).
6. Mitigation concepts applicable at building sites
Two forms of avalanche mitigation are feasible at the building sites:
a. Direct Protection (reinforcement) of main house -- Building surfaces
exposed to avalanche impact could be reinforced for avalanche
impact loads. Loads would be maximum when surfaces are
oriented normal (at right angles) to avalanche flow direction. In this
case all of the avalanche momentum would be dissipated by the
surface. Loads would be reduced as the impact angle is reduced.
Design loads would be dependent on building shape and
orientation and are not specified in this report. The maximum load
would be less than 200 psf and would act over the lower 10 ft or
less of the building. These values are provided for feasibility only;
the final design loads will be different and must be determined
based on a site - specific analysis. It should be noted that loads >
100psf are well in excess of the usual horizontal loading capacity of
a building (which are in the range of 20- 30psf).
b. Construction of deflecting barrier — A deflecting barrier could be
built on the south and west sides of the main house. The deflecting
structure or berm would enlarge an existing natural gully. Such
barriers are most effective when built at a small angle to the flow
because this reduces forces and barriers are less likely to be
overtopped by snow. The RCLA site plan indicates a natural gully
in this area on the grading plan. That barrier might be increased in
size slightly to also deflect avalanches. A site visit would be
needed to provide design details for an avalanche barrier.
c. Ramp roof concept to protect "ADU" unit — The proposed ADU unit
is currently planned to be located approximately 100 feet to the
northwest of the main house (Appendix A). This structure is also
well within the blue zone as shown in Appendix B. The most
feasible mitigation approach will be to build a ramp roof on the
upper side of this building. This will reduce impact loads
4 A blue zone in Pitkin County has a return period between 30 and 100 years and produces an
impact pressure normal to the avalanche direction of less than 630 psf (30 kPa). Building may be
permitted in a blue zone if mitigation satisfies Pitkin County requirements. The more restrictive
red zone does not reach the site (see Figure 1).
4
substantially and could also be designed to resist any static loads
from the rare design - avalanche event.
The mitigation concepts discussed here are both considered feasible at this site.
Performance specifications could be provided after a snow -free site visit of the
avalanche path. Modifications to these concepts may result from (1)
observations made during the upcoming site visit this spring, and (2) any
changes to the design.
Report prepared by,
Arthur I. Mears, P.E.
Avalanche - control engineer
_ 5
Appendix A: Proposed site plan showing approximate locations of design -
avalanche analysis points used to compute avalanche flow height, velocity, and
impact - pressure time distributions.
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Appendix B:
(1) Reference impact pressure along centerline of avalanche path showing
locations of A.D.U. ((orange) and design point for berm west of main house (red).
Reference pressures are substantially less than those of red zone at both
locations.
(2) Time distributions of design - avalanche flow height, velocity, and impact
pressure at analysis points corresponding to locations of (a) the A.D.U. and (b)
west of the main building (the design point for the berm). Note that pressures
have been normalized to a surface normal to the flow direction where they are
maximum. Design pressures will be less. Flow direction will differ from blue line
because of proposed construction; however the design avalanche will not impact
additional public or private property as a result of avalanche mitigation.
The USGS DEM was used to determine natural, unmodified slope profiles from
the starting zone through the runout zone. A starting zone mean released slab
thickness of 0.6m was assumed between 2,276m and 2,227m elevation.
(1):
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V V
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
December 7, 2012
Alan Richman
PO Box 3613
Aspen, CO 81612
arichmanksopris.net
Re: Feldman Activity Envelope, Site Plan Review, Special Review and GMQS Exemption for a
Caretaker Dwelling Unit
(PID #2649 - 291 -00 -007; Case# P112 -12)
Dear Mr. Richman:
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 December 20, 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
January 21, 2013. 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 4`h day of January, 2013, which is at least fifteen (15) days prior to January 20,
2013. This must be submitted prior to any approvals being granted.
If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093.
Sincerely,
Bonnie Shiles
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
MEMORANDUM
To: Environmental Health
Pitkin County Engineer
Crystal River Caucus
Pitkin County Housing
Colorado Geological Survey
FROM: Suzanne Wolff, Community Development Department
Suzanne.wolf[geo.pitkin.co.us
Re: Feldman Activity Envelope, Site Plan Review, Special Review and
GMQS Exemption for a Caretaker Dwelling Unit
(PID 2649- 291 -00 -007; Case P112 -12)
DATE: December 7, 2012
Attached for your review and comments are materials for an application submitted by
Nathan Feldman. The Pitkin County Community Development Director will review the
application.
Please return your comments to me by Monday, January 21, 2013.
http: / /www.ast)ent)itkin.com/ Portal s /0 /docs /county /Com %20Dev /Planning /Land Use An
lications /P112 12 app.pdf
Thank you.
COLORADO GEOLOGICAL SURVEY SUBMITTAL
FORM FOR LAND -USE REVIEWS
County Date 17— — —' L
Project Name w Man Aoyl W, Grn Q 5
'F-K,n'1pr1Ur� or— aAPP (CANT CaSQ F�IIZ— lZ
(or Applicant's Authorized Representative responsible for paying CGS - review fee)
Name
Address
/4, /2, or /4 /4
section(s)
Township
�1
6m, j 1 "` Range _
Ph. No. Q -7U- 9a0-1/ZS Fau446. Qr_;AfA ,YI
FEE SCHEDULE
Reviews for Counties
Small Subdivision (> 3 dwellings and < 100 acres) ... ... .............. ......... .. .. . $700
Large Subdivision (> 100 acres and < 500 acres).. ........... .. . . ............. $1,550
Very Large Subdivision (500 acres or more) .. ........... .. .......... $2,500
Very small residential subdivisions (1 -3 dwellings and < 100 acres) ...................$590
Reviews for Municipalities ...... .. . ............................At hourly rate of reviewer
Special Reviews .......................... .. . .......... ............At hourly rate of reviewer
School Site Reviews .............................. ...........................$855
CGS LAND USE REVIEWS
Geological studies are required by Colorado counties for all subdivisions of unincorpo-
rated land into parcels of less than 35 acres, under State statute C.R.S. 30 -28 -101 et seq.
(Senate Bill 35, 1972). Some Colorado municipalities require geological studies for sub-
division of incorporated land. In addition, local governments are empowered to regu-
late development activities in hazardous or mineral- resource areas under C.R.S. 24 -65.1-
101 et seq. (House Bill 1041, 1974) and C.R.S. 34 -1 -301 et seq. (House Bill 1529,1973),
respectively.
Local- government agencies submit proposed subdivision applications and supporting
technical reports to the Colorado Geological Survey "...for evaluation of those geologic
factors which would have significant impact on the proposed use of the land," in accor-
dance with State statutes. The CGS reviews the submitted documents and serves as a
technical advisor to local - government planning agencies during the planning process.
Since 1984, the CGS has been required by law to recover the full direct cost of perform-
ing such reviews.
The adequate knowledge of a site's geology is essential for any development project. It
is needed at the start of the project in order to plan, design, and construct a safe devel-
opment. Proper planning for geological conditions can help developers and future
owners/ users reduce unnecessary maintenance and /or repair costs.
Colorado Gedogx al Survey White copy to CGS
1313 Shermom Street, Room 715, Denver, CO 80203
Ph 303A66 -2611, Fax 303 - 866 -2461 Yellow copy to Planning Agency
http llgeosumey slate.co us Pink copy to Applicant coasted 3/16/98, revised 5/25/07
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5526 FAX# (970) 920 -5439
luV* [11:7\`►I1111 V I
To: Suzanne Wolff
FROM: Susan Pearson, Zoning Officer (Engineering Review)
Re: Feldman Activity Envelope and Site Plan Review,
101 Cherokee Lane
(PID 2649 - 291 -00 -007; Case P112 -12)
DATE: April 9, 2013
After reviewing the application I propose the following conditions:
➢ The applicant shall obtain an approved Access Permit for any improvements to
existing access road and /or new driveways. The application shall include:
• An engineered Access plan with details showing all culvert dimensions
and slopes — existing in proposed
• Compliance with the current Asset Management Plan
• Compliance with all requirements of the Aspen Fire Department, and
• Details on all turn arounds and parking locations
• Details about the driveway slope and any culverts, existing and proposed
The applicant shall apply for and obtain an Earthmoving, Clearing and Grubbing
Permit for all earthwork, landscape and water course improvements. The permit
application shall address:
• All State requirements including
o A current survey of the site
• Acquire a State Stormwater Permit if disturbing in excess of 1 acre
• A landscape plan addressing any scenic issues and necessary screening for
this site
• Top soil shall be stockpiled and maintained for re -use — using appropriate
erosion control techniques
• No berry bearing species shall be included in the landscape plan (see note
below about the proposed orchard)
• All regrading, berming and landscaping shall comply with County setback
requirements and shall be completed only within an activity envelope
➢ A detailed engineered Drainage and Erosion Control Plan shall be submitted with
each development permit. It is stated in the Yeh and Associates report that the
1o4 3
culvert does not adequately drain and clogs with sediment, this must be addressed
in this plan. The applicant should address this as part of the Drainage and Erosion
Control Plan
• All historic and natural drainage patterns shall be improved so as not to
affect the neighboring properties or road with flooding
• Minimal disturbance shall take place
• Natural vegetation shall be preserved as much as practicable
• Mitigation measures and BMPs shall remain in place until replacement
vegetation is viable
• A landscaping plan shall be submitted to both address necessary screening
for the site and adequate vegetation replacement — screening requirements
shall be re- evaluated at the close of this project and landscaping
enhancement may be necessary to address scenic issues
• Erosion control matting shall be used for revegetation on steep slopes
The applicant shall submit a Large Scale detailed Construction Management Plan
(CMP) with each development permit that addresses all phases of construction.
This shall include a site plan and written methodology addressing the
requirements of a large scale CMP. Top soil shall be kept alive and stored on site
using adequate BMPs. The application shall include:
• Fugitive dust control
• A revegetation plan inclusive of the entire site — native grasses and any
wetland species which are natural to this site and shall be used for
revegetation
• A tire washing device or a vehicle track pad should be used at the egress
from the site to ensure that no sediment is tracked off site
• Silt fencing, straw wattles and hay bales must be used during construction
to control drainage from this site until disturbed areas are adequately
revegetated.
Y A tree mitigation plan shall be submitted for the removal of any trees larger than six
(6) inch DBH —
)o Outdoor lighting shall be minimal, shall comply with Pitkin County Land Use Code
Noxious weeds should be managed before, during, and after construction
r Retaining walls, if over 4 feet in height shall be engineered — no retaining walls
more than 4 feet in height are allowed in any setback
r' Water rights for the irrigation of landscaping must be demonstrated submittal of the
first development permit
Y All Pitkin County solar requirements must be complied with
• If solar is used as an offset for REMP fees — a solar permit must be
submitted before the REMP fees can be offset
Note:
Access: In the application the applicant proposes to leave the existing driveway
at 12' in width — this is not adequate and does not meet the standards of the
County's Asset Management Plan (AMP). The driveway also contains grades of
more than 12% - Bill Gavette from Carbondale Fire states that he would prefer a
Z_
wider drive and the grades of 12% are acceptable — Pitkin County maintains that
in order to mitigate for this steep drive that the driveway width must be increased
to 16' as stated in the AMP.
i% Access: When the Access is reconfigured to meet the requirements of the AMP
the culvert at Cherokee Lane must be replaced and up -sized to meet the
requirements of the County's AMP — this will increase the size of the culvert to
18" and will help to mitigate the debris flows as discussed in the Yeh and
Associates Geohazard Report. The current culvert cannot handle the debris flow
from even a moderate event — the report states that the current culvert clogs and
the sediment from an event flows onto the road.
Y The applicant must meet all the requirements as recommended in the Geohazard
Evaluation written by Yeh and Associates and dated 8/31/2012. This report
addresses the alluvial fan, rock fall and debris flow
r Landscaping: The applicant states that they are going to conduct wildfire
mitigation on this property and then they are going to plant "wet" vegetation —
they must submit proof of an adequate water supply for additional landscaping on
this property AND they must ensure that the new vegetation complies with county
wildfire requirements. Additionally a wildfire expert must inspect the property
for wildfire compliance prior to C of O.
COLORADO GEOLOGICAL SURVEY
1313 Sherman Street, Room 715
Denver, Colorado 80203
Phone 303 866 2611
Fax 303.866.2461
March 29, 2013
Suzanne Wolff
Pitkin County
Community Development Department
130 South Galena Street
Aspen, CO 81611
Location:
39.25150,- 107.23890
Subject: Feldman Activity Envelope, Site Plan Review, Special Review
and GMQS Exemption for a Caretaker Dwelling Unit
Case P112 -12; Pitkin County, CO; CGS Unique No. PI -13 -0001
Dear Ms. Wolff:
,c0R496
cT 3 �+
o�OGICAL SAP,
Karen Berry
Acting State Geologist
Colorado Geological Survey has completed its site visit and review of the above - referenced Feldman property.
I understand the applicant seeks approval for a new residence, a caretaker dwelling unit, and associated
accessory uses on a 10.73 -acre parcel located at 101 Cherokee Lane, Carbondale. With this referral, I received
a copy of the "Feldman Property - Application for Designation of Activity Envelope and Site Plan Review"
(Alan Richman Planning Services, November 2012), including a Geohazard Evaluation (Yeh and Associates,
November 1, 2012), and an Avalanche Hazard Analysis (Arthur I. Mears, February 14, 2013).
Potential geologic hazards. The site is located on an alluvial fan at the base of a steep, east- facing slope on
the west side of the Crystal River. Potential geologic hazards include debris flows, rockfall, and snow
avalanches. Yeh satisfactorily addresses the debris flow and rockfall hazards. Based on their observations
and analysis, I agree that the proposed primary building site does not require debris flow or rockfall hazard
mitigation.
The proposed building site is located approximately 500 feet outside of a mapped historic avalanche zone, but
within an area mapped as having "avalanche potential." Mr. Mears' Avalanche Hazard Analysis contains a
good description of the terrain above the site, classifies the site as being "within a blue (moderate - hazard) zone
as defined in the County hazard regulations," and makes appropriate conceptual or preliminary avalanche
hazard mitigation recommendations. Either of Mr. Mears' proposed mitigation strategies for the main house
(structural reinforcement or a deflection barrier) appear to be acceptable. The proposed ramp roof on the upper
side of the ADU is a good recommendation also. I agree that a site visit by Mr. Mears, when the snow is
gone, is necessary to allow direct observation of the avalanche path, resulting in more specific design
recommendations and performance specifications, and /or modifications to the proposed mitigation.
Based on the proposed building configuration and floor plans, it appears that the sleeping areas in the main
house are located on the downslope side of the home. This should help protect residents from upslope risks,
including rockfall and snow avalanches. However, the bedroom of the proposed accessory or caretaker's
dwelling unit appears to be located on the upslope side of the structure. CGS recommends that the floor
plan be modified so that the sleeping area is located on the downslope (southeastern) side of the
accessory structure.
PI -13- 0001_2 Feldman Property
2 32 PM, 03/292013
V
Suzanne Wolff
March 29, 2013
Page 2 of 2
Thank you for the opportunity to review and comment on this project. If you have questions or need
clarification of issues identified during this review, please call me at (303) 866 -2611 ext. 8316, or e-mail
jill.carlson@state.co.us.
Sincerely ?, ��
Jill arlson, C.E.G.
Engineering Geologist
N
PI -13 -0001 2 Feldman Property
2 32 PM, 03292013
MEMORANDUM
TO: Suzanne Wolff, Community Development Department
FROM: Cindy Christensen, Aspen/Pitkin County Housing Authority
DATE: December 17, 2012
RE: Feldman Special Review for a CDU
Parcel ID No. 2649 - 291 -00 -007; P112 -12
ISSUE: The applicant is seeking approval to construct a detached caretaker dwelling unit (CDU).
CARETAKER DWELLING UNIT: According to Section 4- 30- 50(e)(1), CDU as Permitted
Accessory Use, in the RS -160, RS -35, RS -30, RS -20, AR -10, AR -2, R -30, R015, R -15A and R -6
zone districts one CDU shall be a permitted accessory use provided that:
1. It is attached to a single - family home (the principal dwelling).
2. The caretaker dwelling unit shall not exceed 1000 net livable square feet on lots or parcels
that are 30,000 square feet or greater in lot area, and 700 net livable square feet on lots or
parcels that are less than 30,000 square feet in lot area.
3. The floor area of the caretaker unit shall be included in the total allowed floor area for the
lot or parcel of land.
4. Two off - street parking spaces shall be provided for each caretaker dwelling unit.
5. The applicant shall, by deed restriction or other permanent commitment running with the
land, guarantee that the caretaker unit:
a. shall not be required to be rented;
b. shall not be sold or otherwise conveyed or separated from the original parcel
regardless of the ultimate form of ownership of the caretaker unit;
c. shall be limited to occupancy by not more than two adults and related children, who
qualify as (and have been found by the Housing Authority to be) employees of the
community under such guidelines as may be from time to time established, or by
members of the owner's immediate family even though they may not qualify as
employees of the community;
d. shall be rented for terms not less than six months if rented.
6. The caretaker dwelling unit restriction may be removed by the property owner upon
approval of the Community Development Director, subject to the requirement that the
dwelling is removed or modified. If modified, the remaining improvements must no longer
be capable of occupancy as a dwelling unit and must meet otherwise applicable Code
requirements.
1 0+0 a
7. The provisions of this regulation are for the purpose of providing a voluntary caretaker
dwelling unit on a legally created lot or parcel in the County. Any unit approved under this
provision shall not be used for mitigation of employee housing requirements as established
elsewhere in the Land Use Code.
Section 4- 30- 50(e)(2)(c) allows a caretaker dwelling unit, as a special review, to be detached from
the principal single - family dwelling on the lot or parcel.
RECOMMENDATION: APCHA recommends approval of this request under the following
conditions:
1. Conditions 1 through 5 stated above are met.
2. The kitchen contains at a minimum a two -burner stove with oven, standard sink, and a
refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic
feet; the sink must measure at least 14 "WX16 "DX5.25 "H; refrigerator must be at least 5.3
cubic feet and include at least a .73 cubic foot freezer.
3. A deed restriction shall be recorded upon approval of the caretaker dwelling unit.
4. Upon completion of the unit, but prior to Certificate of Occupancy, staff has the right to
conduct an inspection of the unit for compliance.
PA
I
PITKIN C)UNTY COMMUNITY DEVEL,'�PMENT
Permit Receipt
RECEIPT NUMBER 00033315
Name: Jessica Chancy Feldman Date:12/5/2012
Project Address: 101 CHEROKEE LN
Type: check
# 1295
Permit Number
Fee Description
Amount
0112.2012.PLAN
PP- Flat Fee
2,496.00
0112.2012.PLAN
PP- Clerk Tech Fee
25.00
0112.2012.PLAN
PP- Public Notice Fee
54.00
0112.2012.PLAN
PP- Planning Eng Referral Fee
624.00
0112.2012.PLAN
PP- EH &NR Referral Fee
542.00
0112 2012.PLAN
PP- Housing Referral Fee
179.00
Total:
3,920.00
82 I El Jebel
L7 Carbondale _ National Forest
Garfield County Eagle County Basalt
1 Pitkin County
I133 l
L
National Forest
Site --i--
Redstone
i
Snowmass
Owner's Acknowledgement
The owner acknowledges being informed by Pitkin County of the
existence of "environmental hazard areas" that might affect the property,
any improvements, and the use thereof. The provisions of the Pitkin
County regulations do not in any way assure or imply that the areas
outside of designated hazard areas will be free from hazards or that
approved mitigation measures will guarantee the safety of the property.
44, 41
Nathan Feldman
Community Development Director's Approval
This Feldman Activity Envelope /Site Plan has been reviewed and
approved by the Community Development Director of Pitkin County this
Za day of MeAv , 2013 and is subject to Administrative Decision
No. 7-(4 -2013, re orded as Reception No. �"R9 2 a
;(rA KA QCQ.Ab6.h Lon
nd ou en, Community Development Director
p
Clerk and Recorder's Certificate
This Feldman Activity Envelope and Site Plan has been accepted for
recording in the Offi e of the Clerk and Recorder of Pitkin County,
Colorado this day of MAY , 2013 in Plat Book 101 at
Page -_ as Reception No.
Feldman. Property
Activity Envelope Site Plan
Pitkin County Parcel ID #: 264929100007.
P t 12, 1
RECEPTION #: 599859, 05/29/2013 at
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Date: October 19, 2012
Revised: May 13, 2013
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Property Address:
101 Cherokee Lane
arbondale, Colorado 81623
County of Pitkin, State of Colorado
Legal Description:
A PARCEL OF LAND SITUATED IN THE SW1 /4NE1/4 OF SECTION 29, TOWNSHIP 9 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
LYING EASTERLY OF THE CENTERLINE OF A 30 FEET ROADWAY, SAID PARCEL OF LAND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE A STONE FOUND IN PLACE AND PROPERLY MARKED FOR THE EAST QUARTER CORNER OF SAID SECTION 29
BEARS: S. 89 02355" E. 1606.21 FEET; THENCE N. 72 120'00" W. 57.82 FEET TO A POINT IN THE CENTER OF SAID ROADWAY;
THENCE N. 17 051'00" W. 104.43 FEET ALONG THE CENTER OF SAID ROADWAY;
THENCE 112.50 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 143.24 FEET; THE CHORD OF WHICH BEARS;
N. 04 039'00" E. 109.63 FEET;
THENCE N. 27 009'00" E. 7.42 FEET ALONG THE CENTER OF SAID ROADWAY;
THENCE S. 72 020'00" E. 142.57 FEET;
THENCE S. 17 040'00" W. 200.00 FEET TO THE POINT OF BEGINNING.
AND
A PARCEL OF LAND SITUATED IN THE E1/2 OF SECTION 29, TOWNSHIP 9 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN
WHOSE EASTERLY BOUNDARY IS THE CENTER LINE OF A THIRTY FOOT ROAD EASEMENT, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF SAID ROAD EASEMENT WHENCE THE EAST QUARTER CORNER OF SECTION 29,
TOWNSHIP 9 SOUTH, RANGE 88 WEST BEARS S. 77 026'41" E. 1708.45 FEET;
THENCE ALONG A CURVE TO THE RIGHT ALONG SAID CENTER LINE WHOSE TANGENT BEARS S. 12 028' E.,
HAVING A RADIUS OF 196.11 FEET AND A CENTRAL ANGLE OF 38 039' AN ARC DISTANCE OF 132.28 FEET TO A POINT OF REVERSE CURVE;
THENCE ALONG SAID CURVE TO THE LEFT ALONG SAID CENTERLINE WHOSE TANGENT BEARS S. 27 010" W.,
HAVE A RADIUS OF 143.24 FEET AND A CENTRAL ANGLE OF 45 000' AN ARC DISTANCE OF 112.50 FEET TO A POINT OF TANGENT;
THENCE S. 17 050' E. ALONG SAID TANGENT AND ALONG SAID CENTERLINE 104.43 FEET TO A POINT OF CURVE;
THENCE ALONG SAID CURVE TO THE RIGHT ALONG SAID CENTERLINE HAVING A RADIUS OF 114.59 FEET AND A CENTRAL ANGLE OF 21 000'
AN ARC DISTANCE OF 42.0 FEET TO A POINT OF TANGENT;
THENCE S. 03010'W. ALONG SAID TANGENT AND ALONG SAID CENTERLINE 25.24 FEET TO A POINT OF CURVE;
THENCE ALONG SAID CURVE TO THE LEFT ALONG SAID CENTERLINE HAVING A RADIUS OF 95.49 FEET AND A CENTRAL ANGLE OF 32 003'49"
AN ARC DISTANCE OF 53.44 FEET; THENCE S. 61 006'11" W. 15.0 FEET TO THE WESTERLY LINE OF SAID ROAD EASEMENT;
THENCE N. 82 050' W. 981.6 FEET;
THENCE N. 00 040' W. 462.0 FEET;
THENCE S. 82 051' E. 879.0 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO
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(Grades steeper than 30% within the proposed Building
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Proposed Landscaping
(Plant native trees and shrubs within the existing
Scrub Oak to screen Cherokee Lane.)
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Note: Grades shown in R.O.W. were not provided by the surveyor
and were interpolated by Landscape Architect.
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Date: October 19, 2012
Revised: November 19, 2012
April 24, 2013
Sheet:
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