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HomeMy WebLinkAboutpitkin.planning.264327400012DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11%17) r6PAMC€L10:12643- 274 -00 -012 DRN71RCVD: j 11/26/2003 . 3 —W NI 30-U3 CASE NAMEjAbrams 1041 Hazard Review, Scenic Overlay Review and Special Reviewf Planne Wotf r PROJ ADDR: 2016 McLain Flats Rd Lot 17 Blk 1 White Horse Springs ., OWN/APP: Fred & Penny Abram ..ADR [3101 Monet Drive E CIS /Z: Palm Beach Garden PHN: 651 -694 -8905 • EP]DR 418 E. Cooper, Ste 20G C /5 /Z: Aspen, CO 81611 PHN: 925 - 3444//92021 avid Johnston Arch,te�t, P AD• Email Addr- ALLOCATED HOURS: 15 Ad FEES DU $3125 FEES RCVD. $3125 #16256 — - _ • o OVER • 17.7 211 Horse Springs Water & Sanitation Dist. REF: 12/19/2003 BY J. Taylor f JMJMPDY:.: 'PH NOTICED DATE OF Headng O yes 1117/2004 2/18/2004 BOCC REMARKS HRG 0103--2001T 5373 CLOSED: 3/22/2004 J.Taylor - HO IND 2004 " ADMI - -- PLAT RECORDED 5/4/04 FIAT (BKPG 869 P7 #497155 ADMIN IND VR APPROVAL DATE: 2128/2004 VR EXPIRES: i 2/10/2007 'CASE TYP'• 1041 Hazard Review CASE TYP5.:, _. CASE ScenicJRidgeline Review CASE TYP6: CASE t Special Review " CASE TYP7: .. 'IS CASE - - ---� - -- Date Scanned: -- - 913/13 I �IIillQllilI IIIIII IIII (IIIIII IIII CO III VIII IIII F413�191`!/23 0 04 04:01P D 0.00 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE ABRAMS 1041 HAZARD REVIEW, SCENIC OVERLAY REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION FOR A TDR RECEIVER SITE Determination No. 0 -2004 RECITALS 1. Penny and Fred Abrams ( "Applicant') have applied to the Pitkin County Hearing Officer ( "Hearing Officer ") for 1041 Hazard Review and Scenic Overlay approval of a building envelope, within which to replace the existing residence. The Applicant is also requesting special review approval to establish the property as a TDR receiver site, in order to develop in excess of 5,750 square feet and up to 8,250 square feet of floor area. 2. The parcel is located 2016 McLain Flats Road, and is more specifically described in Exhibit A. The parcel contains 8.361 acres and is a non- conforming size parcel in the RS- 20 /PUD zone district. 4. The parcel was created prior to June 12, 1978, and, therefore, is exempt from growth management up to 5,750 square feet of floor area. 5. The Hearing Officer considered this application at a duh' noticed public hearing on February 18, 2004, at which tinte evidence and testimony were presented with respect to this application. 6. The Hearing Officer finds that the proposed building and activity envelopes are located on slopes of less than 15% and that the wildfire hazard is rated as low to medium and can be mitigated. 7. The Hearing Officer further finds that the building and access envelopes will not break the skyline, and, therefore, will have an insignificant visual impact. 8. The Hearing Officer further finds that the development is consistent with the special review criteria for a TDR receiver site and a caretaker dwelling unit, and that the proposed development otherwise complies with the applicable provisions of the Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Abrams 1041 Hazard Review, Scenic Overlay Review, Special Review and GMQS Exemption, subject to the following conditions, which shall run with the land and be binding on all successors in interest. Prior to submission of any earthmoving, access, or building permit applications, the Applicant shall submit a 1041 Hazard Review Site Plan to the Community Development Department for approval and recording. The mylar copy of the site plan must be signed by the owners prior to submittal for recording. 2. Prior to submission of any building permits, the Applicant shall: A. Complete a fireplace /woodstove registration form with the Community Development Department, if necessary. OODUOI C'� SP Hearing Officer Determination No. 63 -2004 IILVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII R .0 0 495373 6 AVIS N COUNTY CO II 0.0 03/11/2004 04:01p Page 2 0 0 0.00 B. Obtain an access permit to improve the driveway, if required by the County Engineer or Aspen Fire Protection District. C. Submit a Construction Management Plan in accordance with the Asset Management Plan for review and approval by the County Engineer. The Construction Management Plan shall indicate that vehicles associated with construction (i.e. employee traffic, construction vehicles, staging and deliveries) shall not violate County Law, such as parking on County rights -of -way. D. Pay the applicable road impact fee. E. Obtain approval of a septic permit from the Environmental Health Department. The septic system shall be located within the approved building envelope, and must comply with the setback requirements from surface and groundwater sources. A qualified professional engineer must design the system. F. File a Storm Water Management Plan with the State of Colorado, if required, and provide a copy of the approved plan to the County. 3. The property is exempt from growth management up to 5,750 square feet of floor area. At building permit application, the Applicant shall surrender one Certificate of TDRs and a copy of the deed evidencing the Applicant's acquisition of the Certificate (if applicable), in order to develop more than 5,750 and up to 8,250 square feet of floor area. 4. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 5. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. For a distance of 15' around all structures, maintain vegetation at a height of 6" or less with mowed grass, low growing perennials or hardscape. Landscaping within this area shall be irrigated and shall not contain any brushy or woody species — only grasses or forbs are permitted. This standard shall also apply to the area between the new residence and the top of slope to the southwest. B. Beyond 15' and up to 80' from all structures: 1) All branches from trees and brush shall be pruned to a height of 10 feet above the ground or one -half the height of the tree or shrub, whichever is least. Ladder fuels from around trees and brush shall be removed. 2) Maintain a space between the edges of the crowns of remaining trees and brush of a minimum of 3 times the height of the vegetation. 3) Vegetation between the clumps shall be grasses or forbs of less than 2 feet in height. C. Thin oak, serviceberry and sage on the steep slope below the residence for a distance of 200 feet down from the top of slope. Maintain a space between the edges of the crowns of remaining vegetation of a minimum of 4 times the height of the vegetation and remove lower branches to one -half of the height of the vegetation. D. To the east from a point 80 feet from the residence to the property Ime, the evergreen treens and serviceberry shall be thinned, and juniper shall be removed or isolated from other 000002 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIl111Il11 VIII VIII 0 953 03 e4:01P Hearing Officer Determination No. P,3 -2004 SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Page 3 vegetation. The lower limbs of evergreen trees shall be removed to a height of 5 feet above the ground, and ladder fuels under trees shall be removed. Deadfall and standing dead shall be removed. E. To the north in the heavily forested area, the lower limbs of trees shall be removed to a height of 5 feet above the ground, and ladder fuels under trees shall be removed. Deadfall and standing dead shall be removed. F. To the northeast from a point 80 feet from all structures and to the top of slope, the lower limbs of trees shall be removed to a height of 5 feet above the ground, and ladder fuels under trees shall be removed. Deadfall and standing dead shall be removed. G. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. A. All thinned oak and serviceberry stumps shall be "painted" with Garlon herbicide immediately after cutting to prevent aggressive resprouting. B. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 6. The Applicant shall comply With the following additional wildfire mitigation standards: A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the UBC 1997 Section 1504. Wood shake /shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the follmNing: I) All roof coverings shall be noncombustible materials as defined in the Uniform Building Code (UBC) 1997 Section 1504 and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope 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. B. Vents shall be screened with corrosive resistant wire mesh with mesh i/4 inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials and firewood /wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Weeds and grasses within a 10 foot perimeter of all structures shall be maintained to a height of not more than 6 inches. G. Swimming pools or ponds shall be accessible to Fire Department vehicles. H. Fences shall be kept clear of brush and debris. 1. Wood fences shall not connect to the structure. J. Fuel tanks shall be installed underground with an approved container. K. Propane tanks shall be installed according to NFP A 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above - ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire- resistive construction on the exterior side of the walls. 000003 IIII �� II II II IIIIIII IIII II IIIIII III Pa ge: 4 of 04 01P Hearing Officer Determination No �' -2004 SILVIR DAVIS PITKIN COUNTY CO R 0.00 0 0.00 Page 4 L. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. M. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non- combustible post. N. New utility lines shall be buried within or along the driveway. 7. The Applicant shall comply with all codes and requirements of the Aspen Fire Protection District, including but not limited to, installation of an approved fire sprinkler system, adequate fire flow, and provisions for the turning around of fire department apparatus. 8. The Applicant shall provide waste storage that complies with BOCC Ordinance No. 010 -2001. Verification of compliance shall be provided prior to issuance of a certificate of occupancy. 9. Native vegetation shall be maintained outside of the building envelope, except as may be necessary to implement the wildfire mitigation measures required elsewhere in this document and to install the septic system within the activity envelope. 10. The exterior of the residence shall be finished in earth tones, which blend with the colors of the natural surrounding environment. Roof materials shall be non- reflective. 11. The Applicant shall submit a landscaping plan, for review and approval by the Community Development Department, prior to issuance of a building permit. Landscaping shall be utilized to screen and break up the mass of the residence as seen from the highway. 12. Exterior lighting shall comply with the regulations of the Land Use Code in effect at the time of installation. Exterior lighting (including driveway lighting) shall be prohibited on the southwest and south facades, except where necessary to comply with health and safety requirements of the Uniform Building Code. 13. No development, including, grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, entry or ranch gates, or septic systems shall occur outside of the approved building and activity envelopes, except as may be necessary to implement the wildfire mitigation measures required elsewhere in this document. 14. All areas disturbed by construction shall be revegetated to limit water consumption and additional runoff within one growing season after completion of construction. 15. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 16. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4 -140 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on February 18, 2007. 000004 of 6 Hearing Officer Determination No. 0-3-2004 I IIIIII Ilill IIIIII IIII IIIIIII IIII IIIIII III VIII IIII IIII 0 953 004 04:01P Page 5 SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 17 °i day of January, 2004. APPROVED AND ADOPTED this W' day of February, 2004. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the _X day of Q�}`r� 2004. ATT T: .lapis 'llylor, Administrati Assistant APPROVED AS TO FORM: John Ely, Coun ey P135 -03 PD#264327400012 000005 COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO By �--- Jam e�s R Date . rue, Hearing Officer z111Z1F O i APPROVED AS TO CONTENT: Cindy I�ouben, Community Development Director of 6 n w Ilillll VIIIIIIIIIIIIIiIII>�IIIII IIIIII III VIII IIII IIII0 Page; 6 0 "_ 0 00 4:01P pppgIT q SILVIA DAVIS PITKlN COUNTY CO R 0. 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I• I� i4 000006 MEMORANDUM TO: Jim True, Pitkin County Hearing Officer FROM: Suzanne Wolff, Senior Planner *—/VIJ RE: Abrams 1041 Hazard Review, Scenic Overlay, Special Review & GMQS Exemption DATE: February 18, 2004 REQUEST: The Applicant requests approval of a building envelope, within which to replace the existing residence and utilize one TDR in order to construct a residence of up to 8,250 square feet of floor area. APPLICANT: Penny and Fred Abrams REPRESENTATIVE: David Johnston Architects LOCATION: 2016 McLain Flats Road ZONING/LOT SIZE: The parcel is zoned RS- 20 /PUD and contains 8.361 acres. REFERRAL AGENCIES: Comments from the White Horse Springs Water and Sanitation District are attached for reference. STAFF COMMENTS GA . The parcel was created prior to June 12, 1978, and, therefore, is exempt from growth management up to 5,750 square feet of floor area. The Applicant is requesting approval as a TDR receiver site in order to develop up to 8,250 square feet of floor area. Wildfire: Art Hougland rated the hazard within the proposed building envelope as low to medium. His recommendations to mitigate the wildfire hazard and create a defensible space are incorporated in the conditions of approval. Staff would note that the proposed building envelope is set back a minimum of 15' from the top of the steep slope to the southwest; this setback is adequate as long as the wildfire mitigation measures are followed. Geologic. The proposed building and "activity" envelopes are located on slopes of less than 15 %. Scenic Overluy Review: The southwest corner of the property is within the designated scenic foreground and the proposed development will be visible from the highway. Section 3- 60- 040(B) of the Land Use Code states, "Development on any parcel of land which falls within or is crossed by the Scenic Overlay on the officially adopted Pitkin County Zoning Maps shall be subject to review to determine the conformance of the development with the evaluation criteria..." provided below. 1. Whether the development has utilized existing topography and naturul vegetation, such as ridges and hills to screen huildings to the maxinnon extent possible. 1�U� 1 Response: The replacement residence will be located in approximately the same location as the existing residence, which is at the top of the slope. While the existing residence is hardly visible due to extensive landscaping adjacent to the house, much of the vegetation will be removed when the new residence is built. The existing topography and vegetation will not provide screening of the residence as seen from the highway. 2. Whether the development has been designed to complement the natural topography of the land, including, whenever possible and appropriate, the u/iliiatian of innovative architectural techniques such as earth sheltered design, natural materials and coloring, non- reflectability and clustering ofst ucares on the least visible portions of the site. Response: The Applicant will be required to utilize exterior materials with earthtone colors. 3. Whether the development's height and bulk has been designed to avoid to the mavit mmi extent possible, the visibility of buildings from the highway and public vieuplanes. Response: The residence has been designed such that a portion angles away from the top of slope where the structure is most visible from the highway. d. The proposed structure shall be placed so it does not break a ridgeline, unless there are no alternate building sites on the lot Response: Not applicable. 5. Whether the proposed development has avoided the locution of uses on the highest ground or most visible portion of the site us viewed from State Highwav 82 and public right -of -ways, identified in ,Section (B) (1). Response: The most visible portion of the property is the steep slope that drops from the McLain Flats bench down to the Rio Grande trail. The residence will be located in the same approximate location as the existing residence. 6. Whether the development has been located outside of the designated Scenic Cherlav, or on a suitable site at the greatest distance possible front State Highwav 82 and identified ridgelines. Response: The proposed residence is located outside of the designated scenic foreground, and is located at a substantial distance from the highway. Whether tine development has been landscaped in accordance with the adopted State Highwav 82 Corridor landscape guidelines and has preserved natural vegetation, to the naxinuon extent possible, including the avoidance of development within irrigated meadows. Existing vegetation shall he maintained to the maxinnunu extent possible, while using existing vegetation to screen development. A landscaping plan shall be submitted by the Applicant and approved by the Hearing Officer Response: As noted, much of the vegetation adjacent to the existing residence will be removed. The Applicant will be required to submit a landscaping plan for review by staff. UUUUU3 N Whether the developments exterior lighting has been designed in such a Manner that light sources, such as facade and landscape lighting, will not be seen from public right -of -ways as identified in .Section (B) (1). In addition, an application shall be consistent with the lighting regulations identified in the Pitkin Countti Land Use Code. Response: The Applicant will be required to comply with the lighting standards in the Code. Staff recommends that exterior lighting be prohibited on the southwest and south facades, except where necessary to comply with health and safety requirements of the Building Code. 9. Landfor•nhs and earth moving shall generally not be acceptable as the sole measure of compliance with these regulations. These methods inav he acceptable when utilized as one ofseveral methods to complement and enhance development, rather than as the single device for screening development ./turn viewfrom the State Highway 82 Corridor and as mapped. Response: Landforms are not proposed 10. Whether the development has been designed so as to avoid, to the maximum extent possible, an} Scenic Vieu plane identified mh 1`116 adopted State Highway 82 Corridor Vaster Plan and Down l/allev Comprehensive Plan. Response: No such Scenic Viewplane applies to this property. 11 In the case where 1041 Hazard Areas niay he in conflict tvitlr presen,alion of scenic areas, the Board acknowledges that 1041 issues take precedence over scenic concerns. These issues shall he reviewed Oil a case by case basis. Response: There are no conflicts between scenic concerns and 1041 issues. Water & Sewer. The property, is served with water by the White Horse Springs District. An individual sewage disposal system will be installed for the residence; the system shall be located within the designated building or activity envelopes. Access /Roads: The property is accessed on an existing driveway off of McLain Flats Road. Mr. Hougland suggests that the Applicant contact the Aspen Fire Protection District to ensure that the driveway is adequate for emergency vehicle access. Special Revietr: Special review approval is required to establish the parcel as a TDR receiver site, subject to the standards in Section 3-210. The Applicant proposes to utilize one TDR in order to develop a maximum of 8,250 square feet of floor area. A. The special review use shall consider the applicable County Master Plan. Response: The proposed use of a TDR for additional floor area is not inconsistent with the Down Valley Comprehensive Plan. B. The speciul review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Article ?. U00009 Response: The proposed use does not conflict with any applicable Code sections. C. The special review use shall be consistent with the intent of the Zone District in which it is proposed to be located Response: The proposed use is not inconsistent with the intent of the RS 20 /PUD zone district to permit low density, single family residential development. The zone district permits development of up to 15,000 square feet, subject to growth management. D. The special review use shull be compatible with the character of the inundate 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 residence is compatible with the existing residential character of the surrounding area. Residences in the surrounding area range in size from approximately 2,500 to over 15,000 square feet. E. The location, size, design and operating characteristics of the proposed special review use muust be in harnuorly with the surrounding area and nninimifes adverse effects, including visual impacts, unpucts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air /water pollution or other impacts on natural resources, noose, vibrations and odor our surrounding properties. Response: The proposed residence will have minimal impacts on the environment and surrounding properties as it will be constructed in the same general location as the existing residence. The additional floor area will not create additional impacts. R There must be adequate public facilities and services to serve the special review use including but not limited to roads, potable water, seiner, solid waste, parks, police, fire protection, emergency nnedunl services, hospital and medical services, drainage systenrs, and schools. Response: The property is accessed via an existing driveway. The White Horse Springs District will provide water to the property. The property is served by the Aspen Fire Protection District. The new residence will not create additional impacts on public roads, facilities and services. G. An application for a special review use must demonstrate to the Board of Comity Commissioners that the proposed development will not: I. Materially endanger the public health, safety or welfare; and 2. Substantially injure the value of athoining or abutting property. Response: Staff has no information that would indicate that the development will endanger the public health, safety or welfare, or injure the value of adjacent properties. RECOMMENDATION: Staff recommends approval of the Abrams 1041 Hazard Review, Scenic Overlay, Special Review and GMQS Exemption, subject to the attached Determination. 00-U010 Attachments 1. White Horse Springs 2. Hougland & Associates Application and Site Plan provided separately .At, Wolffina lanneronh a Bachelor s degree in Uiban Swdms from the Umvarsits of Pennsylvania, and is a member ut the 4nmiman Im'tnute oft , mfed Planners b6 WWI ha, wuw Aed foi the A.,PenIPaAin Counts CC naintty De,elopmem Deaanment far I I'. Bean, and as a PlannedSenior PIanner,.nhm mar depmunem fm a wars I her planning Povenn. nt, %Volff » , re, sewed rumen n, and use appbcaions pnnavn to the PrtAin C ounty Land Ose Cnde PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5526 FAX (970) 920 -5439 MEMORANDUM TO: White Horse Springs Water and Sanitation District FROM: Suzanne Wolff, Community Development Department RE: Abrams 1041 Hazard Review, Scenic Overlay Review and Special Review for a TDR Receiver Site (PID# 2643- 274 -00 -012 Case# P135 -03) DATE: December 19, 2003 Attached for your review and comments are materials for an application submitted by Fred and Penny Abrams. The Hearing Officer will review the application on Tuesday, February 17, 2004. Please return your comments to me by Friday, January 23, 2004. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. December 29/03 Dear Suzanne... Thank you for having the WHS District on your mailing list. White Horse Springs does not have a Homeowners Assn so the WHS Water District acts in this capacity as an information only source for its constituents. Your office has notified the neighbors on the matter of the Abrams Hazard Review so they will be able to comment on any concerns they may have. This property has a WHS District water tap and shares in the Salvation Ditch. I have met the Abrams, a nice couple who tell me that they are comfortable with the County's rules and regs. Sincerely C�drz KNCBP1oor - for the WHS Boar copy: !lead Ifetcalf, Secretary OM12 FEB -06 -2004 11:54 AM HOUGLAND & ASSOCIATES CONSULTING ON WILDFIRE HAZARD MITIGATION, FIRE PROTECTION AND BUILDING & FIRE CODES PHONE (970) 384- 1221/FAX (970) 384 -1331 /17 GAMBA DRIVE, GLENWOOD SPRINOS. COLORADO, 81601 11MM&falewsurinaeM DRAFT January 23, 2004 Suzanne Wolff, Senior Planner Pitkin County Community Development Dept. 130 South Galena Street Aspen, Colorado 81611 Subject: Abrams Property 2016 McLain Flats Road Pitkin County, Colorado Dear Suzanne, In November of 2003 I was onsite at the Abrams property at the above address to review the site and plan wildfire hazard mitigation measures. Mr. Jeff Ellis of David Johnson Architects showed me the site and provided me with a site plan. Today I revisited the site with an updated site plan to reconfirm my findings. To the north of the existing driveway is a heavily wooded area of evergreens. The area is bounded to the north tiom the northwest to the northeast by an area from 20 -feet to over 100 -feet wide of mostly grass. Because of the density of the trees in the wooded area many in the interior are dead or dying. The lower branches are in contact with the ground and grass. The slope in the wooded area is mostly no greater than 10 %. This area presents a medium wildfire hazard. To the west the terrain slopes at about 8% for approximately 200 -feet to the top of a down slope that exceeds 50%. The upper 8% portion has scattered and clustered trees and some brush. This area presents a low wildfire hazard with the exception of around the existing house where the vegetation is dense. I understand that this house will be removed to provide for the construction of a newly designed house. From the west around the south to the southeast the slope exceeds 50% and is densely covered with Oak, ServiceBerry, Sage and long natural grasses. This area presents a high wildfire hazard. To the south from the existing house to the top of the slope at a distance of about 20 -6eet the terrain slopes at about 15% and the area is densely covered with Juniper, brush and evergreen trees running continuously to the top of the 50%+ slope. This area presents a high wildfire hazard because of the Mel density and proximity to the densely vegetated steep slope. 0000A P.01 FED- 06 -20e4 11:55 AM To the east the terrain slopes up from the house at about 10% and has a medium but continuous density of evergreens, Juniper and Aspens. The lower branches of the evergreens and the Junipers are in contact with the ground and grass. This area presents a medium wildfire hazard. My recommendations to mitigate existing wildfire hazards and to provide for defensible space for the proposed new house are as follows: Vegetation Management Recommended: 1. Zone 1. Around the house for a distance of 15 -feet the area should be of primarily noncombustible hard scape surfaces, low growing perennials, flowerbeds, cut grass and deciduous, well- trimmed & irrigated plants. Woody vegetation should not be planted within this area. Storage of firewood or other flammable or combustible materials should not be stored within this area From the southwest through south 1 recommend that between the house and the top of the steep slope the same type of hard scape surfaces, low growing per vials, fiowerbeds, cut grass and deciduous, well - trimmed & irrigated plants as described above be provided. 2. Zone 2. From the point 15 -feet from the structures to a point 80 -feet from the structures on the uphill and sides and 90 -feet on the downhill north west side where slope does not exceed 10 %. Place or thin trees and larger growing shrubs so that there will be at least 10 -feet between the crowns of matured vegetation or clumps of matured vegetation. Spacing of trees or clumps of trees at the crowns should be maintained at 3 -times the height of the vegetation. Crowns of mature vegetation should be outside of the 15 -foot zone Thin clusters so that they do not allow dense growth of long grass and other laddering fuels beneath. Lower branches should be removed to a height of 10 -feet or one -half the height of the tree or shrub, whichever is least. The area between clumps at the vegetation drip line may support vegetation that is 2 -feet or less in height. Preferably the areas between chumps are grasses, irrigated or natural grasses should be maintained at 6- inches or less. 3. Zone 3. When the top of the slope exceeding 40% is within 100 -feet of the house the slope exceeding 40% is to be modified for a distance of 200 -feet down from the top of the slope. Thin Oak, ServioeBerry and Sage so that there will be at least 20 -feet between the crowns of matured vegetation or clumps of matured vegetation. Spacing of trees and bushes or clumps of trees and bushes at the crowns should be maintained at no less than 4 -times the height of the vegetation. Thin clusters so that they do not allow dense growth of long grass and other laddering fuels beneath. Remove lower branches to one —half the height of the vegetation Preferably the areas between clumps GUUO14 P.02 FED -06 -2004 11:33 AM I are grasses, irrigated or natural grasses should be maintained at 6- inches or less. To the east from a point go -feet from the house to the property line the evergreen and ServiceBerry should be thinned, Juniper removed or isolated as a clump from other vegetation. Evergreen lower Umbs should be removed to a height of 4 to 5 Beet above the ground. Laddering fuel under trees should be removed. Dead fall and standing dead should be removed. To the north in the heavily forested area the lower limbs should be removed to a height of 4 to 5 feet above the ground. Laddering fuel under trees should be removed. Dead fall and standing dead should be removed. Many of these are dead or dying because of the density. Removal and thinning will have the additional benefit of improving the health of the stand of trees. To the northeast in the area of the teepee to the top of the slope the lower limbs should be removed to a height of 4 to 5 feet above the ground. Laddering fuel under trees should be removed. Dead fall and standing dead should be removed. I recommend that at the top of all the steep slopes that a buffer of about 20 -feet in width is provided. Preferably the vegetation within the buffer are grasses maintained at 6- inches or less. Many of the shrubs involved such as Oak or ServieeBerry are plants that sprout vigorously after being cut. These should be treated at the cut stumps with Garton® or an equivalent immediately after cutting. Access: The existing and proposed houses are at the end of a long driveway, I recommend that the owner or designers contact the Fire Marshal of the Aspen Fire Protection District regarding access and provisions for turning around of fire apparatus. New Construction: Since a new house for this site is currently in design I recommend that consideration be given to design and materials as specified in a publication titled "Firewise Construction Design and Materials" available from the Colorado State Forest Service. If you have comments, questions or require additional information please contact no. Sincerely, Art Hougland cc: Jeff Ellis, David Johnson Architects, PC 000015 P.03 Tax Area Account Number Parcel Number Mill Levy 009 R006272 264327400012 24.255 Owner Name and Address FRED AND PENNY ABRAMS 2016 MCLAIN FLATS ROAD ASPEN, CO 81612 Legal Description SUB:WHITE HORSE SPRINGS BLK:1 LOT: 17 SECT,TWN,RNG:27 -9 -85 DESC: TRACT OF LAND IN LOT 17 OF SEC 27 -9 -85 DESC AS FOLLOWS BEG AT A PT IN THE CTR OF A 30 FT RDWY EASEMENT WH THE SE COR OF SAID SEC 27 BEARS S 68 DEG 09'34"E 1804.77 FT TH N 87 DEG 45'32"E 760.79 FT TH N 120.00 FT TO A PT ON THE ETLY LINE OF THE VAN CLEAVE PLACER BEING USMS NO 6832 TH N 45 DEG 00'E 262.00 FT ALONG THE ETLY LINE OF SAID VAN CLEAVE PLACER TH N 45 DEG 00'W 252.0 FT ALONG THE ETLY LINE OF SAID VAN CLEAVE PLACER TH S 87 DEG 02'25"E 542.10 FT TH S 71 DEG 57' 30 "E 426.80 FT TO A PT IN THE CTR OF SAID RDWY EASEMENT TH S 32 DEG 13'W 187.66 FT ALONG THE CTR OF SAID RDWY EASEMENT TH S 24 DEG 55' 30 "W 115.75 FT ALONG THE CTR OF SAID RDWY EASEMENT TH S 21 DEG 36' 30 "W 103.63 FT ALONG THE CTR OF SAID RDWY EASEMENT TO THE PT OF BEG THE ABOVE DESC TR OF LAND CONT 8.36 AC MA, BK 375 PG 436 BK 435 PG 487 BK 547 PGE 606 BK 547 PGE 607 00u01� Location Physical Address: 2016 MCLAIN FLATS RD ASPEN Subdivision: WHITE HORSE SPRINGS Land Acres: 8.36 Land Sq Ft: 0 Section Township Range 27 9 85 N O R T M VICINITY MAP (nts) 000017 O `2 SO T r 4 LOT 17 V' I/ Is Z t r D V AABC t �D �9 ' DAVID.lOHNSTON ARCH ITECTS PC ,a Nglm- November 14, 2003 Ms. Rose Ann Sullivan Community Development Department Pitkin County Re: 2016 McLain Flats Road Block 1, Lot 17, White Horse Springs Letter of Request — The Abrams Residence Dear Rose Ann, On behalf of the Owners of Lot 17, 2016 McLain Flats Road, we are requesting a 1041 Hazard Review, Scenic Overlay Review and Special Review for TDR Receiver Site (see enclosed summary). The site contains an existing building and site improvements, surrounded by mature aspens and pines. The proposed development will involve removing the existing structure, and replacing it with a new home and associated site improvements, approximately in the some general location. The existing septic field will be abandoned and replaced, and the existing driveway and access will remain. Materials to be used will consist of natural wood siding and stone; colors in natural earth tones. The following notes address the provisions of the Pitkin County Land Use Code: Sec. 2 -120 and Sec. 3 -60 -050: Scenic Quality. The existing home/future building site is surrounded by large scale, mature hardwoods and softwoods, effectively screening the home from all angles, adjacent properties, and driveways. Great care will be given to maintaining all existing scenic quality by striving to keep as much tree cover as possible for the new development The new home will be constructed as much as possible within the existing disturbed area of the current home and site. Sec. 3 -60 -040: Scenic Overlay. Thefar western edge of the property falls within the Scenic Foreground The proposed building envelope avoids this area, and the area will be undisturbed. Subsec. 3 -80 -050: Geologic Hazard Areas. There are no slopes in excess of 30% within the proposed building envelope. Subsec. 3 -80 -070: Wildfire Hazard Areas. Contact has been made with Art Flougland, wildfire consultant, and the report is forthcoming. The site has been mapped as low /medium wildfire hazard area, and all required mitigation will be implemented 00018 970 / 925 3444 t www djarchitects com 418 E Cooper Avenue Suite 206 Aspen CO 81611 J ✓^ - 1, i. , " Sec. 3 -210 Special Review (for a TDR Receiver Site), Sec. 3 -310: Transfer of Development Rights (TDRs): The development calls for the purchase of a TDR, and the approval for a TDR Receiver Site, the resulting allowable floor area for development being consistent with the White Horse Springs neighborhood and surrounding home sites. Subsec. 9- 110- 052(D): Exemption for Replacement Units. The proposed development replaces an existing single family home with a new single family home, maintaining the existing use. The owners are applying for an exemption for replacement units. Thank you for your time with this matter. Respectfully, David Johnston David Johnston Architects, pc. i OU019 J Pe 0�+ J ! IIWM 1 YCERTW7111870BEA ,3 WARRANTY DEM TFK*AND=W=TC0FY0F7flE THIS DEED. made this November 10. 2003 ORIGINAL R!ROICm nfYTRU? m Bahve n JOSE F4i MW&-T l PAOAND dM County or PrOl db dCQ 07WfR Ef .. AND FRED M. ABRAMS AMENDED & RESTATED REVOCABLE TRUST DATED MAY 21, 2009 AND PENNY S. ABRAMS AMENDED 6 RESTATED REVOCABLE TRUST DATED MAY 21, 2003, GRANTEE whose IpM ad*m b: 3101 MONET DRIVE EAFr, PALM BEACH GARDENS. FL. 33410 ofva County of .So" dFl. i to moolptand III aloof IIlaidiwtlI -- awd!odfilf!sdmnr0sudaadval . hhaa andmaAfan As�raaese.dsdas0.lw, adarlas Odd. ia.�ha.a, astl aid amraysd, a�dbyfraapasaias dsrj 9�R dlIK0. ae1 aadmmsyasa aedlm uMOfae sn•aea. ibis and saahvM lffallaf,YMwd amsbiooeatsb ws®rr.. a�,...wr.s.w.r......a.�s.� �..._.._.�. SN A0adlad EtOdbX A' I W DNBBB ay and amd e!p aad arymsnie4n a�Yec 06U020- IE E? Ij I; l isaal aaead dhM ffiiedsfs.In ham In fm am it a same is meaner YLa,.Ltw }yc j(ro 6.K.1vtr 5a �.4..g ago/IV !'19f/r 45,9L.r.. /s1 i EXHIBrr V 1 1: Tom for goyer2003 not yet due or pay". ' 2. t'tiptl dtbe pmptatr d a vtln ar tndeto atdtad' &W r4hwn tds rae dtrabaro. should 6te nme be tband to paftWMbOr*MW=dtlteptarJft&Mrob90 eonsbudedMlthe i rift* of the United Btatn as raervsd b UNad SWU Patent faomdedApy 19,1011 In Bank 66 at Pape I S. Right Of MY for ditch" or mob MMUUCW by Ilm n t ft or ow United sties ea reswed in tilled Stein Patent (emended Daoentber 10,1814 in Bolt 65 st Pape 64&, 4. Easatrw4 ae sd bath in In*w rd taenrded Oobbsr le. 1" In Book 216 at PeiOS 109. 6. Easrnrd r sat % t In dead baheastt The Demrarsttd ISO Buds WOMMM Rsiood Cm qmW and The County Of PM* reamwd Sepd)r 11, IWO In Book 243 d Paps 217. as a may afreat subimproprty. . e. Tams, sot4601114 prwlNaa std ab6yadom as ad Ibrth to Aperrtrlb mwrdod Au9uet22,1666In Book 671 at Pape 464 and In book 671 at PRO 471._ is I' I I I j 4 • I I 1 i . i. t ' F t R 1 1 000021 EXHIM W f" LEGAL DESCRIPTION AMdbndtiiodan Lot 17 of 8rm27.lWxmnp a Mr► Roo MWedbrtmabo P,r,e�„ �a,;uw,, dstabnd n *Mmm en6iwiip d apaYib Mctnbrdn86batwtlry�iieorioiaee M Mral0stC7pmrdaaid Bao6on z7e.rs goo erq~ End 160L.7766% elenw Npn67•�effi'tML760.Atoat . MOM 12M%dbapoNakfasooftkwdMVanfJoat pU .beftU.&MhwoarmyNa 8M=NW&4r D' QW2UWbddo "ererwynrarwMVinchewspww. MOsNsn6r00'Mb mmbddmmMp - - NrdankVagtlmmpier- em" BounS m246 wW!M11 &761bddwga* eowamchidMWWW mmmeft tlnree 8oun 2t•8690' Wad 108.65 tee done M�nderdsdd roadaq o�vd b M pdW dbogiuiiq, i 000022 .. I 4! L MTkaN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION PEES PITKJN COUNTY (hereinafter COUNTY) and VM 10 3 MAMSIRP-3 �tRGbI ITtLTs PG (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for I D41 AA,?AR D Y*V IEW ) nupvAAq tzr j i j * SPGL rhL ge'050 (hereinafter, THE PROJECT). For- TDR- P- 061VyIF11 stTE - 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32 -2002 establishes a 'fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review_ 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY s waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on _ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houbeh Community Development Director OOU023 Effective 1127103 J"r "S , IONIC � ASTe,A AV -MIMS r Ft Print N m Signa r VV Datc: 12 3 03 Mailing Address: DO M& OE; t � $Ifoll 90 'd ON XV3 Wd WG O 03N £02-£0 -030 .Dec, 3. 2003 4:09PM DOC, 3, 2003 1!02Ph1 Krabacher Sanders PC rnn iw. .=.L6947665 KrItreher Sanders PC DeCafter 3, x003 Rose Ann sullivan Aitkin CMDAnity DevelopMWt Dapgrtmsnt 130 mouth Galena,. Third Floor Aspen, colorado 81611 ^.. 03 eCKU4.4:44ri 2/2 ri seal 11ntlMsieatiaa Nor ■qw" musion Ladies and (Iontlam— , No-9290 P_ 2 Tkis letter will constitnts the autlsorisatioss for David Jahnaton Architects, V.C., 758 Main Street, Carbondale, Colotsdc 81623 to represent the Fred M. Abseau Amid a Restated Revocable Trust dated May 21, 2003 and the Vmgy 8. Abresee Ameaded & Restated Revocable Trust dated Mty 31, 3003, +9 owner's of spot 17, White Korea springs, Pitkin Couaty, Colorado with respect to an Review tor T= ROOOLvaerSi add. all mmaatters=z� teed ttbarstta. Very truly yours, FRED M, ARRAMS AMSa ED & RSBUTBD .'V'IWV0p3Lz TRUBT DAM MAY 21, 2003 gys iEQ Prod M.Abxwm, Trust" P81 V B. AS8AW AM801 D a ARSTATBa .11a1� WWN DATID MAY. 21, 2003 BY; 90-� 0 L64- W Penny/, Abrsms, Trustee 000024 List of adjacent Property owners: All within White Horse Springs Neighborhood Block 1: MITCHELL ELSA R LOT 19 K & R PROPERTIES OF ASPEN LLC LOT 18 VASILS LP LOT 16 KLEIN MICHAEL R LOT 15 G&J025 MCLAIN FLATS RD 2012 MCLAIN FLATS RD 2020 MCLAIN FLATS RD 2114 MCLAIN FLATS RD FROM : FAX NO. :5616947665 Nov. 17 2003 12:48PM PI Mow 13 OD 1P:53P DnVrDw.4o11HST0H nRCHITCCTO 970 920 -,Vo9 P.2 Fred and Penny Abrams 3101 Monet Drive E. Palm Beach Gardens, FL 33410 November 13, 2003 Rose Ann Sullivan Planning and Zoning Commission Pimdn county colorado Re: 2016 McLain Flats Road 1041 Hazard Review, Scmic Overlay Review and Special Review for a TDR Receiver Site Dear Rose Ann: This is to inform you that Fred and Penny Abrams have authorized David Johnston Architects, of 418 E. Cooper Street, Suite 208B Aspen, CO 81611 (phone 925.3444) to act as our representative in Me above referenced mstter. Regards, Q�%7>�isJrtd Fred and ny Abrams Properly Owners 651.894.8985 OOuO26 PITKIN COUNTVTOMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES rKIN COUNTY (hereinafter COUNTY) and fF-F�i7 Nib TIUMMY A43r-ft►mS iereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to COUNTY an application for 1041 1 Fit APD M- 1 A J 01k12.I.Pt`f ?Zee 1 6-0 Ac" r> (hereinafter, THE PROJECT). S�r(ilYkl. Y�11fbw foV- A Stru• 2. APPLICANT understands and agrees that Pitkm County Ordinance No. 32 -2002 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of plication completeness, APPLICANT shall pay a base fee in the amount of $ 3100.00 which is based on I ,ours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITIQN COUNTY APPLICANT Cindy Houben Community Development Director Effective 1127103 OOuO27 Print Name Q� Signature Date: 1 L i 13 f 0-5 . Mailing Address: 4141 L. GS} Q2- AV E� Sin irk 2010 9 Ar5FV 4 Gtr 01+011 PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on February 18, 2004 the Hearing Officer of Pitkin County granted approval for the Abrams 1041 Hazard Review, Scenic Overlay Review, Special Review and GMQS Exemption for a TDR Receiver Site (Case P135 -03). The State Identification number for this parcel is 2643 - 274 -00 -012. This site specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. s /James True Hearing Officer Pitkin County, Colorado Published in the Aspen Times Weekly, on February 28, 2004. 000028 i�a Jan 09 04 10:09a l County of Pitkin } State of Colorado } DAVID JOHNSTON ARCHITECTS 970 920 2186 Q AFFIDAVIT OF NOTICE & SS. MAILING PURSUANT TO PMUN COUNTY LAND USE CODE SECTION 4 -90 p.4 I,- `i E'� -A F W being or representing an Applicant to the Piddn County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 4 -90 of the Pitkin County Land Use Regulations in the following manner. 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 hearml� to all owners of prope adjacent to the subject property, as indicated on the attached list, on � l_I_ day of 200 -(which is� days prior to the public hearing date of �. The names and addresses oPthe 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 owners) of the mineral estate underneath the subject property, as indicated on the attached list, on the _ day of , 200_ (which is _ days prior to the public bearing date of . The names and addresses of the mineral estate owners shall be those on the current tax records of Piddn County as they appeared no more than 60 days prior to the public hearing. • 3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that said sign was posted and visible continuously from the - day of I _ rum, 2001 to the _& day of 200+ (Must be posted for at least fifteen (15) full days before the hearing date). A photograph of the posted sign is attached hereto. Applicant's name R tN (Attach photograph here) PUBLIC HEARING NOTICE On1E %I ART TM1fl )m �Y PLO= 4arMrwG.w•�.a w, �tlw (ayf, CwIWY • 1URPWIR \a.M1IYY.srt ti-� ...F 4.iY •.Y•li.a N MY I EV . t 0 _9 Sign . Si e before m thiseday of FW ru� 2001by WITNESS MY HAND AND O L SEAL My commission expires: 10 ILI U7 Notary Public Notary Public's Signature AMBER KOMULA NOTARY PUBLIC STATE OF COLORADO My Commission Expires 1 011 4120 07 Jan 09 04 10:09a DAVID JOHNSTON ARCHITECTS 970 920 2186 p.5 PITK1N COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX4 (970) 920 -5439 December 19, 2003 David Johnston Architect PC Mr. David Johnston 418 E. Cooper, Suite 206 Aspen, CO 81611 Re: Abrams 1041 Hazard Review, Scenic Overlay Review and Special Review for a TDR Receiver Site (PID# 2643- 274 -00 -012 Case# P135 -03) Dear Mr. Johnston: 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. We have scheduled this application for review at a public hearing by the Pitkin County Hearing Officer on Tuesday, February 17, 2004, at a meeting to begin at 3:00 p.m. in the Courthouse Conference Room, 506 East Main Street, Aspen, Colorado. Should this date be inconvenient for you please contact rite within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please be aware that the Hearing Officer will be billed at $135 Per hour. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If yo)i:have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093. Sincer`eely DZ fin Tay= Admhusbative Assistant Eric]: Affidavit 00G"030 Jan 09 04 10:09a DAVID JOHNSTON ARCHITECTS 970 920 2196 p.6 PUBLIC NOTICE RE: ABRAMS 1041, SCENIC OVERLAY REVIEW & SPECIAL REVIW FOR A TDR RECEIVER SITE (CASE# P135-03) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 17, 2004 to begin at 3:00 pm, or as soon thereafter as the conduct of business allows, at the First Floor Meeting Room of the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Hearing Officer. To consider an application submitted by Fred and Penny Abrams to replace the existing residence with a new residence of up to 8,250 square feet of floor area. The property is located in White Horse Springs Block 1, Lot 17 and is legally described as a tract of land situated in Section 27, Township 9 South, Range 85 West of the 6th P.M. The State Parcel Identification Number for the property is 2643 - 274 -00 -012. The application is available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970)920 -5093. s /James True Pitkin County Hearing Officer Published in The Aspen Times Weekly on January 17, 2004 Pitkin County Account No. 002.02 Public Private X OO 031 PUBLIC NOTICE RE: ABRAMS 1041, SCENIC OVERLAY REVIEW & SPECIAL REVIW FOR A TDR RECEIVER SITE (CASE# P135 -03) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesdav, February 17, 2004 to begin at 3:00 pm, or as soon thereafter as the conduct of business allows, at the First Floor Meeting Room of the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Hearing Officer. To consider an application submitted by Fred and Penny Abrams to replace the existing residence with a new residence of up to 8,250 square feet of floor area. The property is located in White Horse Springs Block 1, Lot 17 and is legally described as a tract of land situated in Section 27, Township 9 South, Range 85 West of the 6th P.M. The State Parcel Identification Number for the property is 2643-274-00-012. The application is available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970)920 -5093. s /James True Pitkin County Hearing Officer Published in The Aspen Times Weekly on January 17, 2004 Pitkin County Account No. 002.02 Public Private X OOUJ32 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5526 FAX (970) 920 -5439 MEMORANDUM TO: White Horse Springs Water and Sanitation District FROM: Suzanne Wolff, Community Development Department RE: Abrams 1041 Hazard Review, Scenic Overlay Review and Special Review for a TDR Receiver Site (PID# 2643- 274 -00 -012 Case# P135 -03) DATE: December 19, 2003 Attached for your review and comments are materials for an application submitted by Fred and Penny Abrams. The Hearing Officer will review the application on Tuesday, February 17, 2004. Please return your comments to me by Friday, January 23, 2004. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. 00 u333 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 December 19, 2003 David Johnston Architect PC Mr. David Johnston 418 E. Cooper, Suite 206 Aspen, CO 81611 Re: Abrams 1041 Hazard Review, Scenic Overlay Review and Special Review for a TDR Receiver Site (PID# 2643 - 274 -00 -012 Case# P135 -03) Dear Mr. Johnston: 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. We have scheduled this application for review at a public hearing by the Pitkin County Hearing Officer on Tuesday, February 17, 2004, at a meeting to begin at 3:00 p.m. in the Courthouse Conference Room, 506 East Main Street, Aspen, Colorado. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please be aware that the Hearing Officer will be billed at $135 Per hour. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093. Sincerely, Janis Taylor Administrative Assistant Encl: Affidavit 03U334 PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 November 28, 2003 David Johnston Architect PC Mr. David Johnston 418 E. Cooper, Suite 206 Aspen, CO 81611 Re: ABRAMS 1041 HAZARD REVIEW, SCENIC OVERLAY REVIEW AND SPECIAL REVIEW FOR A TDR RECEIVER SITE (pid# 2643 - 274 -00 -012 CASE# P135 -03) Dear Mr. Johnston: The Planning Office has completed its preliminary review of the captioned application and has determined that it is not complete. We will schedule this application for review by the Pitkin County Hearing Officer as soon as the following items have been resolved: The draft 1041 Hazard Review Site Plan does not identify the proposed building envelope(s). As noted at Par. 3 on the Pre - Application Conference Summary Sheet, applicants may identify a single building envelope for the residence and septic field, or may propose 2 separate envelopes. (Please note that, at this stage of the review process, it is sufficient for applicants to draw in the proposed envelope(s) on the site plan previously submitted. It is not necessary to have it done by the survey company.) 2. As noted at Par. 5 on the Pre - Application Conference Summary Sheet, the proof of ownership submitted with the application should meet the requirements of Subsection 5- 70- 020(D) of the Land Use Code (i.e., "a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado ... "). A copy of a Warranty Deed does not meet this requirement. Staff waives this requirement at the present time (due to the recent nature of the Warranty Deed), but reserves the right to request documentation in compliance with Subsection 5- 70- 020(D) at a later date, if deemed necessary. 0OU035 As noted at Par. 6 on the Pre - Application Conference Summary Sheet, documentation of chain of title /non - merger was requested, but documentation was not submitted. Staff waives this requirement at the present time, but reserves the right to request this documentation at a later date, if deemed necessary. 4. The letter of authorization submitted with the application was signed by Fred and Penny Abrams, individually. The Warranty Deed indicates that the actual owners of the property are the Fred Abrams Amended & Restated Revocable Trust Dated May 21, 2003 and the Penny S. Abrams Amended & Restated Revocable Trust Dated May 21, 2003. Thus, the letter of authorization needs to be signed by the trustees of each of the trusts. If Fred and Penny Abrams are the trustees of their respective trusts, would you please have them provide a letter verifying this fact? If they are not the trustees, then we will need to have a new letter of authorization executed by the respective trustees. The Agreement for Payment of Land Use Application Fees that was submitted is internally inconsistent. It identifies the Abrams as the "APPLICANT" but is signed by David Johnston Architects, as "APPLICANT." The Agreement should actually identify the two trusts as the "APPLICANT" (not Fred and Penny Abrams individually) and should be signed by the two trustees. If it is your intention to have the firm pay any additional fees, we can also accept an Agreement signed by an authorized representative of David Johnston Architects if you list the firm as the "APPLICANT" in the first line. 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. If you have any questions, please call Rose Ann Sullivan, the planner assigned to your case, at 920 -5482 . Sincerely, Janis Taylor Administrative Assistant oou-036 16256 CO UNITY DEVELOPMENT DEPART&,oKT 130 South Galena Street Aspen. Colorado 81611 (970) 920 -5526 Pitkin County Land. Use: 172 Board of Adjustment 159 County Land Use Code 173 Deposit 174 Flat Fee / +� 162 Zoning and Sign 169 Public Notice_ 160 Planning Enforcement Referral Fees: RBI 15 Access Permit 210 Airport LUCO1 County Clerk 211 County Engineer 194 Environmental Health 208 Historic 198 Housing 190 Land Management 209 Redstone HPC 206 Wildlife Officer Building Fees: 170 Board of Appeals 135 Building Code Sales 105 Building Permit 100 Contractor License 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 151 Aspen Sanitation 152 AVFD Fire Marshal Other Fees: 155 Use Tax 165 Copy Performance Deposit 185 Park Dedication 186 Parking Cash in Lieu IS GIS Requirements 0 0 0 U J 1 O B 1202 Road Impact Fee B1203 School Impact Fee TOTAL NAME:_ % " ADDRESS /PROJECT: : PRONE: -' ',- CHECK# CASE /PE ITN: #OF COPIES: DATE:.': l , INITIAL: Al. a FOUND RII 1427*32'091' 14� FOUND RERAR - N12'02'440E 4.87' !12 FOUND REUAR N29*38'18*k 3.71 X LOT 19 8.361 A(1"± n SAW, NN - POUND REHAR N56'02'36of 2.813' LOT 18 SHED TE(VEE MLA MLY FORESTED KWJKN*XNS V1, .00 N S\ 1120 ENS 2 e 1"W COTTON US S PR MIX OF S N f*AVILY MINKSWID AM QRKN 910EROWNS QRA114)pVW11 Ml* ANOII� --­@ " rr 00 12" ASPENS irk 1� Elul OF ASPEN r WV.' i .1k, I N0O'02'05"rK 4.56' NOTICE: According to Colorado law you must cornmence any legal action based Upon any defect in this survey within three years after, you first discover such defect. In no event i any action based Upon any defect in this survey be commenced more. than ten yoZmllrrom the date of the Certification shown hereon. PU WP4,51,32 w 760 �v O "`.,�w�wMla air FOUND REBAR AND YPC LS# 9184 FOUND U R LOT 15 S# MIX OF AWENS AND VOORMS AND 'r /FOUND REUAR AND YPC L,r;# 2376 FOUND RERAN AND RPC L%# 243DJ IOUND REEIAR AND YPC LS# 2376 ASSUMED ELEVATI0N-100,00 AT TOP OF CAP &L OOR* SKDs 27 T Q$� kdow 1-01 16 X0, ROADWAY EASEMENT" R AN- 40 so m OR mill I mmill "01011mom I // 40/ mm LEGAL DESCRIPTION: ATRACTOF LAND SITUATED ON LOT 1.7 OF SECTION 27, TOWNSHIP 9 SOUTH, RANGE' 85 WEST' OF THE SIXTH PRINCIPAL, MERIDIAN, DESCRIBED AS FOLLOWS� BEGINNING ATA POINT IN THE CENTER OF A 30 FOOT' ROADWAY EASEMENT WI E',NCF" ri"IF souTH EAST CORNER OF SAID SECTION 27 BEARS; 68009'34"E 180431 FEET; TI IENCE N 87045'32"W 760.79 FEET; I"FIENCE NORTH 1,20,00 FEET TO A POINT ON THE: EASTERLY LINE OF THE VAN CLEAVE PLACER, BEING U.S. MINERAL. SURVEY NO, 6832; THEWQ! N 45000'001-7,.262.00 FEET ALONG THE EASTERLY LINE OF SAID VAN CLEAVE PLACER; THENCE IN 454700'00'W 262.00 FEET ALONG THE EASTERLY LINE OF SAID VAN CLEAVE PEA(X'R; rHENCE'S 67002'25"E 542.10 FEET; THENCE S 71057'30"V, 426.80 FEET TO A POINT IN THE CENTER OF SAID ROADWAY EASEMENT; THENCE S.32013'00"W 187.66 FEET ALONG THE CENTER OF SAID ROADWAY EASE1011I THENCE S 24055'30"W 11,515 FEET ALONG THE CENTER OF SAID ROADWAY EASE-MENT; THENCE S 21*36'30"W 103,63 FEET ALONG THE CENTER OF SAID ROADWAY EASEMENT' TO THE. POINT OF BEGINNING. 13A,SIS OF BEARING: A BEARING OF S 27926'33"W BETWEEN A FOUND REBAR AND YPC 1-5442376 AT THE N,E, PROP00"Y CORNER AND A FOUND REBAR AND YPC 1-5#20151, FOUND AT THE S.E. PROPERTY CORNER. AN ASSUMED ELEVATION OF 100.00 AI' T'HE EASTERLY PROPERTY CORNER AND SHOWN HERN -UN, CONTOUR 1XVC1. IS TWO (2) FEET. NO SLOPES WERE FOUND TO EXCEED THIRTY (31)) %) GRAPE EXCEPT BEYOND I OP OF SLOPE AND SHOWN HEREON, FOOND REHAN AND YPC LS# 2,176 INI)ICA I I_:% I IJUNI) MLINUMI- N I AS M—SCRIBLA), (S) Rh ;l' I W MANI in[ I x x WIR11. I LNCI, I INF GM GAS ML H: k I INCI, I IN( IIVERIIhAJ U111-11Y 11: NF: V:) e"I 1 -4— APPLICANT ACKNOWLEDGES THAT HE/SHE HAS BEEN INFORMED BY PITKIN CORN ry OF THE EXISTENCE OF 1041 ENVIRONMENTAL, HAZARD AREAS THAT MIGHT AFFECT THE PROPERTY, ANY IMPROVEMENTS, AND THE USE AND OCCUPANCY THEREOF, THE PROVISIONS OF THE PITKIN COUNTY REGULATIONS DO NOT IN ANY WAY ASSURE OR IMPLY THAT AREAS OUTSIDE OF DESIGNATED HAZARD AREAS WILL BE FREE FROM HAZARDS, OR THAT APPROVED MITIGATION MEASURES WILL GUARANTEE THE SAFETY OF ANY PROPERTY. OWNER/APPLICANT:_ (Wftf?,1A)6- 14 A AlY114z VA1 THIS 1041. HAZARD THE PITKIN COUNTY AND APTROVELD BY FUS, 1 , -DAY OF 1 RECORDED AS RF4Cr PTION NO. ` 497155 PAge � I of I 05/04/2004 02:21 5ILVIR I)AM, PITKIN COUN'T'Y GO R 11.00 0 0100 THIS 1041 HAZARD REVIEW SITE PLAN HAS 13FEIN ACCEPTED FOR FILING IN THE OFFICE OF THE Cl.ERK ANUI CORDER OF �HE COUNTY �F ' -KIN, STATE OF COLO71 "'.01 LOC (j) DAY OF IN PLAT BOO AT PA �f" 1— AS RECEPTION NOMBER,� 41, - AA DATE SURVEI 11/06/2003 DATE DRAFTED: 11/07/2003 REVISED: DATA FILE NAME; 0309104 DRAWN BY: M.1— )0 Ozl> RAILROAD Ico,w. SCA1.Lfa FROM PLAT SK, 5 po 66 r WV.' i .1k, I N0O'02'05"rK 4.56' NOTICE: According to Colorado law you must cornmence any legal action based Upon any defect in this survey within three years after, you first discover such defect. In no event i any action based Upon any defect in this survey be commenced more. than ten yoZmllrrom the date of the Certification shown hereon. PU WP4,51,32 w 760 �v O "`.,�w�wMla air FOUND REBAR AND YPC LS# 9184 FOUND U R LOT 15 S# MIX OF AWENS AND VOORMS AND 'r /FOUND REUAR AND YPC L,r;# 2376 FOUND RERAN AND RPC L%# 243DJ IOUND REEIAR AND YPC LS# 2376 ASSUMED ELEVATI0N-100,00 AT TOP OF CAP &L OOR* SKDs 27 T Q$� kdow 1-01 16 X0, ROADWAY EASEMENT" R AN- 40 so m OR mill I mmill "01011mom I // 40/ mm LEGAL DESCRIPTION: ATRACTOF LAND SITUATED ON LOT 1.7 OF SECTION 27, TOWNSHIP 9 SOUTH, RANGE' 85 WEST' OF THE SIXTH PRINCIPAL, MERIDIAN, DESCRIBED AS FOLLOWS� BEGINNING ATA POINT IN THE CENTER OF A 30 FOOT' ROADWAY EASEMENT WI E',NCF" ri"IF souTH EAST CORNER OF SAID SECTION 27 BEARS; 68009'34"E 180431 FEET; TI IENCE N 87045'32"W 760.79 FEET; I"FIENCE NORTH 1,20,00 FEET TO A POINT ON THE: EASTERLY LINE OF THE VAN CLEAVE PLACER, BEING U.S. MINERAL. SURVEY NO, 6832; THEWQ! N 45000'001-7,.262.00 FEET ALONG THE EASTERLY LINE OF SAID VAN CLEAVE PLACER; THENCE IN 454700'00'W 262.00 FEET ALONG THE EASTERLY LINE OF SAID VAN CLEAVE PEA(X'R; rHENCE'S 67002'25"E 542.10 FEET; THENCE S 71057'30"V, 426.80 FEET TO A POINT IN THE CENTER OF SAID ROADWAY EASEMENT; THENCE S.32013'00"W 187.66 FEET ALONG THE CENTER OF SAID ROADWAY EASE1011I THENCE S 24055'30"W 11,515 FEET ALONG THE CENTER OF SAID ROADWAY EASE-MENT; THENCE S 21*36'30"W 103,63 FEET ALONG THE CENTER OF SAID ROADWAY EASEMENT' TO THE. POINT OF BEGINNING. 13A,SIS OF BEARING: A BEARING OF S 27926'33"W BETWEEN A FOUND REBAR AND YPC 1-5442376 AT THE N,E, PROP00"Y CORNER AND A FOUND REBAR AND YPC 1-5#20151, FOUND AT THE S.E. PROPERTY CORNER. AN ASSUMED ELEVATION OF 100.00 AI' T'HE EASTERLY PROPERTY CORNER AND SHOWN HERN -UN, CONTOUR 1XVC1. IS TWO (2) FEET. NO SLOPES WERE FOUND TO EXCEED THIRTY (31)) %) GRAPE EXCEPT BEYOND I OP OF SLOPE AND SHOWN HEREON, FOOND REHAN AND YPC LS# 2,176 INI)ICA I I_:% I IJUNI) MLINUMI- N I AS M—SCRIBLA), (S) Rh ;l' I W MANI in[ I x x WIR11. I LNCI, I INF GM GAS ML H: k I INCI, I IN( IIVERIIhAJ U111-11Y 11: NF: V:) e"I 1 -4— APPLICANT ACKNOWLEDGES THAT HE/SHE HAS BEEN INFORMED BY PITKIN CORN ry OF THE EXISTENCE OF 1041 ENVIRONMENTAL, HAZARD AREAS THAT MIGHT AFFECT THE PROPERTY, ANY IMPROVEMENTS, AND THE USE AND OCCUPANCY THEREOF, THE PROVISIONS OF THE PITKIN COUNTY REGULATIONS DO NOT IN ANY WAY ASSURE OR IMPLY THAT AREAS OUTSIDE OF DESIGNATED HAZARD AREAS WILL BE FREE FROM HAZARDS, OR THAT APPROVED MITIGATION MEASURES WILL GUARANTEE THE SAFETY OF ANY PROPERTY. OWNER/APPLICANT:_ (Wftf?,1A)6- 14 A AlY114z VA1 THIS 1041. HAZARD THE PITKIN COUNTY AND APTROVELD BY FUS, 1 , -DAY OF 1 RECORDED AS RF4Cr PTION NO. ` 497155 PAge � I of I 05/04/2004 02:21 5ILVIR I)AM, PITKIN COUN'T'Y GO R 11.00 0 0100 THIS 1041 HAZARD REVIEW SITE PLAN HAS 13FEIN ACCEPTED FOR FILING IN THE OFFICE OF THE Cl.ERK ANUI CORDER OF �HE COUNTY �F ' -KIN, STATE OF COLO71 "'.01 LOC (j) DAY OF IN PLAT BOO AT PA �f" 1— AS RECEPTION NOMBER,� 41, - AA DATE SURVEI 11/06/2003 DATE DRAFTED: 11/07/2003 REVISED: DATA FILE NAME; 0309104 DRAWN BY: M.1— )0 Ozl> tYV F,96 (01.6) CZ9 1,9 00 'TIVONOBWO L .1 ANJ S NIVIN 999 VtrI?C faZ6 (M) G M£3 0') N adSV a-967 mins MAdOOO ISV3 Kt, i a r ;a - -A 1.H T wr � A LU ILI z A A II �W a. M CP If r CM 6�1 r A LU ILI z A A II �W a. M CP r CM 6�1 A LU ILI z A A II �W a. M CP