Loading...
HomeMy WebLinkAboutpitkin.planning.273535400006 (2)DOCUMENT LAYOUT THIS FILE LISTED BELOW IN THE FOLLOWING ORD�oRMATION 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, Referrals) Letter Site Plan Miscellaneous Plat copies (11:17) Parcel ID: 2735- 35 -4 -00 -006 Application Date: 9/10/13 Case No: P074 -13 Description: Laurier Activity Envelope Review Planner: Suzanne Wolff # Copies: 1 Allocated Hours: 5 Project Address: 245 CONUNDRUM CREEK RD, ASPEN, CO 81611 % Over Hours: 6 Property Owner: LAUNER DALE Address: 639 ADELAIDE DR Owner Phone: SANTA MONICA, CA 90402 -1351 Owner's REP: GLENN HORN Address: 215 S MONARCH ST, 104 REP's Phone: (970) 925 -6587 ASPEN, CO 81611 REP's Email: ghorn @rof.net Referrals: Other Referrals: Comments Due Date: 10/28/2013 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 09/26/2013 Meeting Notes: vpn 1/16114 Approvals: BOCC Resolution #: P &Z Determination #: BOCC Ordinance # HO Determination #: Admin Determination #: 087 - 2013 #607176 Other Information: VR Approval Date: 12/30/2013 Plat Recorded Date: VR Expires Date: 12/30/2016 Plat (Bk, PG): 8107 P26 #610729 Remarks: Application Type: Activity Envelope RECEPTION #: 607176, 01/08/2014 at 09:17:32 AM, 1 OF 8, 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 LAUNER PARCEL B ACTIVITY ENVELOPE REVIEW Administrative Decision No.� =t -2013 RECITALS I. Dale Laurier ( "Applicant ") has applied to the Community Development Director of Pitkin County ( "Director ") to re- establish activity envelopes approved in 2009. Activity Envelope 1 would accommodate replacement of the existing single- family residence; Activity Envelope 2 would accommodate the on -site wastewater treatment system ( "OWTS ") to serve Parcel B and the adjacent Parcel A; and Activity Envelope 3 would accommodate riparian restoration within the 100' stream setback in a previously disturbed area. 2. The property is located at 245 Conundrum Road, and is more specifically described in Exhibit A. 3. The parcel contains 6.9 acres and is a nonconforming size parcel in the AR -10 zone district. 4. The parcel was created prior to June 12, 1978 and has not merged with any adjacent parcels; therefore, the parcel is exempt from Growth Management up to 5,750 square feet, pursuant to Land Use Code ( "Code ") Sec. 6- 30- 100(a). 5. The existing house was built in 1982. 1041 approval was granted by the Planning Director in 1990 for an addition; the 1041 site plan was recorded in Plat Book 25 at Page 37. 6. The Hearing Officer approved Activity Envelopes and granted approval to utilize two TDRs to develop up to 10,750 square feet of floor area, pursuant to Determination No. 04 -2009. The Activity Envelope Plan was recorded in Plat Book 97 at Page 78. The vested rights expired on September 1, 2012. The Community Development Director approved a lot line adjustment with the adjacent parcel, pursuant to Administrative Decision No. 87 -2012; the lot line adjustment plat was recorded in Plat Book 101 at Page 83. 7. The Director finds that the proposed activity envelopes are consistent with the applicable requirements of the Code, as follows: A) The Activity Envelopes are located on slopes of less than 30% and the low to medium wildfire hazard can be mitigated. B) Activity Envelopes 1 and 3 avoid the red and blue avalanche hazard zones. Activity Envelope 2 avoids the red avalanche hazard zone, but is within the blue avalanche hazard zone. The Code permits development within the blue zone area if development outside of the blue zone "will result in significant incursions into or impacts on Constrained Areas." Any other location would place the OWTS within the riparian area, and, therefore, would impact other constrained areas. Mitigation is not necessary since the only development within Activity Envelope 2 will be the OWTS. C) Activity Envelopes 1 and 3 avoid the rockfall hazard area. Activity Envelope 2 is within the rockfall hazard area; while the Code prohibits development within rockfall hazard areas, it is staff's opinion that Activity Envelope 2 can be approved as long as it is used only for the OWTS. D) The activity envelopes are 20 horizontal or 5 vertical feet, whichever is greater, from the high water line of the creek Administrative Decision No d -2013 Page 2 E) Activity Envelopes 1 and 2 are a minimum of 100' from the high water line of Castle Creek. Activity Envelope 3 is within the 100' setback, but only restoration is proposed in this area, which is permitted pursuant to Sec. 7- 20- 80(b). The small riparian area to the west of the driveway that is outside of the 100' setback may be included within Activity Envelope I, subject to restoration of an equal area of riparian vegetation in Activity Envelope 3 to compensate. 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 current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2) The conditions of this Administrative Decision shall replace the conditions of Hearing Officer Determination No. 04 -2009. 3) Prior to submission of any building or other development permit applications, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2 -30 -20 and 7- 10-50 of the Code. The Site Plan Review application shall address the following, in addition to the other requirements specified above: A) Demonstrate compliance with the standards in Sec. 7- 20 -120.d for development within the Scenic View Protection Area and the rural character guidelines for building location in Sec. 7- 20 -120.e of the Code. B) Demonstrate that the site can accommodate an on -site wastewater treatment system (OWTS) that complies with the then current OWTS regulations. C) Submit a landscaping and tree removal /mitigation plan. An arborist shall address how remaining trees will be protected from impacts associated with the construction. D) Submit a riparian restoration plan for Activity Envelope 3. E) Submit a wildfire mitigation plan from a certified wildfire expert which addresses the desire to preserve as many trees as possible to continue to provide screening while providing adequate wildfire mitigation. 4) Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for approval by the County Attorney and Community Development Director an amended Activity Envelope Plan in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization and recordation. The Plan shall reflect the amended boundary of the parcel based on the 2012 lot line adjustment. 5) The new residence shall be generally sited within the footprint of the existing structure to minimize the removal of trees that provide screening of the structure. The residence may be sited outside of the footprint of the existing structure, if the Applicant demonstrates during the Site Plan Review process that tree removal in the proposed location will be minimal and will have a negligible impact on the visibility of the residence. 6) The parcel is exempt from Growth Management for up to 5,750 square feet of floor area. At building permit application for the new development, the Applicant shall surrender two TDR Certificates and a copy of the deed(s) evidencing the Applicant's acquisition of the Certificates (if applicable), in order to develop in excess of 5,750 and up to 10,750 square feet of floor area. Administrative Decision No.o_- -2013 Page 3 7) Concurrent with submission of a building permit application to replace the residence, the Applicant shall: A) Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. B) Complete a fireplace /woodstove registration form with the Community Development Department, if necessary. C) Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If site disturbance exceeds one (1) acre, the Applicant shall obtain a stormwater permit from the State of Colorado. D) Submit a construction management plan for review and approval by the Planning Engineer. E) Pay the applicable road and employee housing impact fees. F) Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall specify the native seed mix to be used, the rate at which it will be applied and the method of cover. G) Submit a landscaping and tree removal /mitigation plan and a riparian restoration plan for Activity Envelope 3. H) Apply for and obtain any necessary Army Corps permits. 8) Prior to issuance of the building permit for the residence, the Applicant shall: A. Pay the applicable road and employee housing impact fees. B. Obtain a County access permit for any improvements to the driveway. C. Obtain an On -Site Wastewater Treatment System ( "OWTS ") Construction Permit application from Environmental Health. D. Obtain an Earthmoving, Clearing and Grubbing Permit for all earthwork, landscaping, utility burial, and other land disturbance not associated with the construction of the residence. 9) Prior to issuance of a Certificate of Occupancy for the new residence, the existing on -site wastewater disposal system shall be properly abandoned. 10) Areas disturbed by construction shall be re- vegetated within one growing season of the project's completion. 11) The Applicant shall comply with the following standards for Development in a Low to Medium Wildfire Hazard Area, unless varied based on recommendations made by a certified wildfire expert as part of the Site Plan Review. 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 within a minimum ten -foot (10') perimeter around all structures. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, Administrative Decision No. W7 -2013 Page 4 which provides general guidelines that may be modified by a wildfire expert acceptable to the County). 3) Spacing between clumps of brush and vegetation up to 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 equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 5) "free 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 regeneration, understory shrubs and down and dead materials shall be removed. 6) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 7) 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. 8) All deadfall up to a one hundred (100) foot perimeter shall be removed. 9) No new conifer trees shall be planted within ten (10) feet of a residence. 10) No Flammable mulches shall be placed within two (2) feet of a residence. B) Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building Code. No wood shakes or shingles. 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. 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 Marshall prior to submittal of a building permit application. C) Water Supply for Fire Safety 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 lot shall have a minimum 20,000 gallon water storage tank (or alternative approved by the Fire District). In -house sprinkler systems that meet the standards of the AFPD and the adopted Building Code shall be installed in all new buildings. 2. D) Maintenance and Miscellaneous Requirements Administrative Decision No. -2013 Page 5 I . Roofs and gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one -fourth (' /4) inch maximum. 3. Any outbuilding shall adhere to the same wildfire requirements. 4. Yards shall be kept clear of all litter, slash and flammable debris. 5. All flammable materials shall be stored indoors or on a parallel contour a minimum of fifteen (15) feet away from any structure. 6. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 7. Firewood /wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8. Swimming pools and ponds shall be accessible by the local fire district. 9. Fences shall be kept clear of brush and debris. 10. Wood fences shall not connect to other structures. 11. Fuel tanks shall be installed underground with an approved container. 12. 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. 13. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 14. 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. 12) The Applicant shall comply with the following conditions regarding wildlife: A) Dogs shall be kept indoors or, when outdoors, kenneled within 50' of the residence or leashed under human supervision when outside of the kennel. B) Manipulation of vegetation outside of the Activity Envelopes is prohibited, other than as necessary for weed management or wildfire mitigation. Landscaping shall be limited to the designated Activity Envelopes. C) New fences shall comply with the following: I . Mesh or woven wire fences are prohibited. 2. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. 3. Wire fencing must be three (3) strands or less. The top wire should be a twelve - point -five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (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. D) Fruit bearing trees and shrubs shall be prohibited within the Activity Envelopes. E) With reasonable notice to the property owner, access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife, except in case of a wildlife emergency. F) Trash /garbage shall be kept in an approved bear resistant container or enclosure, including during construction. Administrative Decision No. S? -2013 Page 6 G) Pets shall not be fed outside. Bird feeders shall be avoided from April through November. Lever style door handles shall be avoided on the exterior of the house. Composting shall be limited to yard waste. H) Contractors shall be prohibited from bringing dogs on -site during construction. 13) 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. 14) Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the comers 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. 15) No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, 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 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. 16) 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. 17) Prior to issuance of a building permit for the new residence, the Applicant shall submit a demolition permit to remove the unpermitted cabin that is located within the 100' setback from Castle Creek. Demolition of the cabin shall be completed and the site restored and revegetated, prior to issuance of a Certificate of Occupancy for the residence. 18) The dock on the pond may remain within the 100' setback from Castle Creek, but shall not be expanded or improved. If the dock is removed, it may only be replaced outside of the 100' setback. 19) 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. 20) 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 I`txPm(`O,L , 2016. Administrative Decision N47 -2013 Page 7 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 26'" day of September, 2013. APPROVED by the Director, this 3�1 day of k C 2013. PUBLISHED AFTER // ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the /4 'day of ,jQ t 2013. did Cindy Houben, Community Development Director PID #273535400006 P074 -13 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: That portion of H.E.S. No. 112 situated in Townships 10 and 11, South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, described as follows: Beginning at a corner No. 10 of said H.E.S. No. 112; thence South 4 °13' West 353.46 feet along said H.E.S. No. 112 line to a point on line between corners No. 10 and 9; thence East 227.25 feet to the West bank of Castle Creek; thence North 23 °03' West 197.23 feet along the West bank of Castle Creek; thence North 3 004'30" West 170.30 feet along West bank of Castle Creek to a point on the line between comers 10 and 11 of said H.E.S. No. 112; thence North 89 °32' West 114.90 feet along the line between corners No. 10 and 11 of said H.E.S. No. 112 to corner No. 10, The Point of Beginning. PARCEL B: ACCESS EASEMENT: Beginning at a point being at the intersection of a county road and said private roadway whence Comer 1 of H.E.S. 112 bears North 20 °21' East 939.63 feet; thence North 47 °52' West 49.03 feet, thence North 28 °34'30" West 77.70 feet; thence North 11'35'40" West 51.03 thence North 07 °25' West 74.00 feet; thence North 04 °46' East 104.98 feet; thence North 06 034'30" West 62.28 feet; thence North 18 °03'40" West 24.82 feet; thence North 11 °50' West 100.00 feet; thence North 26 °23' East 57.61 feet; thence North 00 °03'40" East 67.01 feet; thence North 01 °31' West 55.00 feet; thence North 20 °51' West 94.00 feet; thence North 33 °23'20" West 64.92 feet; thence North 05 °20' West 95.86 feet; thence North 13 °47' West 39.44 feet, thence North 16 °24' West 80.45 feet; thence North 29 018' West 72.54 feet; thence North 12 °36'40" West 39.50 feet; thence North 08 °31'41" East 87.12 feet; thence North 28 °04'30" East 48.38 feet; thence North 16 055' East 36.24 feet; thence North 20 034'30" West 27.83 feet; thence North 09 °48' West 35.94 feet; thence North 19 °14' East 30.00 feet; thence North 28 °03'40" East 88.00 feet; thence North 06 °10'East 50.33 feet; thence North 04 034'30" East 140.05 feet; more or less, to the South line of that parcel described in Book 242 at Page 926, Pitkin County records aVT S 110 inc- PLANNING & REAL ESTATE CONSULTING September 9, 2013 Suzanne Wolff AICP Pitkin County Community Development Department 130 South Galena Street Aspen, CO. 81611 RE: Date Launer Property at 245 Conundrum Creek Road; PID# 2735- 354 -00 -006 Dear Suzanne: The Applicant, Dale Launer, is requesting a new approval for Activity Envelope Review to replace an existing single family residence. The Hearing Officer approved Activity Envelopes on this parcel and granted approval to utilize up to two TDRs to develop up to 10,750 square feet of floor area, pursuant to Determination No. 04 -2009. The Activity Envelope was recorded in Plat Book 97, Page 78. The Community Development Director approved a Lot Line Adjustment with the adjacent Stringer property, pursuant to Administrative Decision No. 87 -2012 and the Lot Line Adjustment Plat was recorded in Plat Book 101 at Page 83. The vested rights for the Activity Envelope Plan expired on September 1, 2012. As we are requesting approval for the same Activity Envelopes, we are submitting the previous land use application which addresses all the pertinent sections of the Pitkin County Land Use Code as shown in the Pre - application Conference Summary found in Attachment 1. This May 19, 2009 application for Activity Envelope Review to replace the existing single family residence is found in Attachment 2. As there are no new applicable Code requirements or interpretations since the time of the 2009 approval, no new information should be necessary. The proposed 2013 Dale Launer Activity Envelope Plan is essentially the same as the approved 2009 Activity Envelope Plan, so when the 2013 Plan is approved, the 2009 Plan will be amended to reflect current dates and applicable information as well as the approved Lot Line Adjustment pursuant to the 2012 approval. The applicant agrees to abide by all conditions of the previous approvals and representations made in the original applications where applicable. If you need any further information, please call. The following attachments are included: Attachment l: Pre - application Conference Summary; Attachment 2: March 19, 2009 Land Use Application; Attachment 3: Hearing Officer Determination No. 04 -2009; Attachment 4: Administrative Decision No. 87 -2012; Attachment 5: Approved 2012 Lot Line Adjustment Plat; Book 101, Pages 83,84; ALICE DAVIS AICP f GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180 adavis @rof.net ghorn @rof.net 000001 0�' I I L Attachment 6: Approved 2009 & Proposed 2013 Laurier Activity Envelope Plan; Bk 97, Pg 78; Attachment 7: Certificate of Ownership for Proof of Current Ownership; Attachment 8: Signed Fee Agreement; Attachment 9: Letter from the owner authorizing Davis Horn Inc. to process and submit this application on his behalf and to represent him in the land use review process; Attachment 10: Property owners within 300 feet of the subject property for public notice purposes. Sincerely, DAVIS HORN INCORPORATED GLENN HO AICP 0 U0002 PITKIN COUNTY PRE- APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff I PHONE: (970) 920 -5093 LOCATION: 245 Conundrum Road 2735 x735"354- W -00(D APPLICANT: Dale Launer REPRESENTATIVE: Glenn Horn Type of Application: Activity Envelope Review 5/28/13 E -MAIL: suzanne.wolffo(")co.pitkin.co.us ZONE: AR-10/6.9 acre EMAIL: ghorn @rof.net Description of Project/Development: The Applicant proposes to obtain activity envelope review approval to replace the existing single family residence. The Hearing Officer approved Activity Envelopes on this parcel and granted approval to utilize up to two TDRS to develop up to 10,750 square feet of floor area, pursuant to Determination No. 04 -2009. The Activity Envelope Plan was recorded in Plat Book 97 at Page 78. The Community Development Director approved a lot line adjustment with the adjacent Stringer property, pursuant to Administrative Decision No. 87 -2012; the lot line adjustment plat was recorded in Plat Book 101 at Page 83. The vested rights expired on September 1, 2012. The Applicant is requesting a new approval with a new three year vested right. • 2- 30- 20(g)(2): Activity Envelope Criteria for Approval • 7 -10 -50 & 60: Activity Envelope • 7- 20 -10: Site Preparation and Grading • 7- 20 -20: Steep and Potentially Unstable Slopes • 7- 20 -30: Water Courses and Drainage • 7- 20-40: Floodplain • 7- 20 -50: Geologic Hazards — red and blue avalanche hazard zones, rockfall hazard • 7- 20 -60: Wildfire Hazard — Mapped Low and Medium Wildfire Hazard Areas • 7- 20 -70: Wildlife Habitat— Not within any mapped wildlife habitat areas • 7- 20 -80: River and Stream Corridors and Wetlands 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. oouo 3 FEES: $1,639 (make check payable to " Pitkin County Treasurer ") $1,560 Planning Office flat fee (non - refundable; based on 5 hours of staff time. If staff review time exceeds 6 hours, the Applicant will be charged for additional time above 5 hours at a rate of $312 /hour) $54 Public Notice Fee $25 Web Technology Fee To apply, submit 1 coo of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits (if applicable), and addressing compliance with the Code sections listed above. 2. 24" by 36" and 11" by 17" Activity Envelope Plan as designated in Section 2.1.1 of the Pitkin County Land Use Application Manual 3. Technical Reports as designated in Section 2.1.1 of the Application Manual (as applicable) 4. 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. 5. Street address and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County; 6. Total fee for review of the application 7. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (form attached); 8. Consent from owner(s) to process application and authorizing the representative (if applicable) 9. This Pre - Application Conference Summary Sheet NOTES: • PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. THE PARCEL /D NUMBER SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. • ALL MAPS SHALL BE FOLDED. • This pre- application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. • The Land Use Code is available on -line at County Code • The Land Use Application manual is available on -line at http.lAvww.aspenpitkin.com/ Portals/ 0 /docs/countv/Com %20Dev/Planning /land use application manuaLadf • 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. 0OU004 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and _ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for (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 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 Houben Community Development Director Effective 1/26/10 G:county \admin \forms \agreement to pay u0U005 Print Name Signature Date: Mailing Address: Davis Horn - PLANNING & REAL ESTATE CONSULTING A40 fit I May 19, 2009 Suzanne Wolff AICP Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Dale Launer Parcel B The Fort: Activity Envelope and Special Review for Transferable Development Rights (Parcel ID: 2735- 354 -00 -006; Address: 245 Conundrum Road) Dear Suzanne: Davis Horn Incorporated represents Dale Launer in this request for new land use approvals for Parcel B located at 245 Conundrum Road (PID #2735- 354 -00 -006). The applicant is requesting Activity Envelope and Special Review land use approvals to develop a single - family house. The property is improved with a single family dwelling unit which will be razed. Attachment 1 is a Vicinity Map which shows the site location within the Castle Creek Valley. Pitkin County has granted land use approvals for this site in the past. In 1990, the Pitkin County Community Development Director approved the "Minor 1041 Hazard Review Plan for Launer" which is recorded at Book 25, Page 37 (see Attachment 2). This land use application is addressed in the following four sections: • Site Description; • Project Description; • Land Use Approvals; and • Summary. SITE DESCRIPTION Attachment 3, the Dale Launer Parcel B: Existing Conditions Map, depicts the developed 6.9 +/- acre parcel. The property is located approximately .0245 miles down Conundrum Road from ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925 -6587 • FAX: 970/925 -5180 0OU006 adevis ®rof.net ghorn ®rof.net Castle Creek Road. The parcel is improved with a single family house which is known as The Fort. The parcel is generally bordered by Castle Creek to the east. Peter Carvelli's cabin and property are located on the east side of Castle Creek. A driveway traverses the site leading to the Dale Launer Parcel A located to the north. Parcel A is improved with a two bedroom A -frame single family dwelling unit. The Conundrum Trust deeded Parcel B to Dale Launer on December 1, 2004. Presently, Launer owns both Parcel A and Parcel B. The applicant has prepared two copies of title chains from 1972 until present. The title chains are submitted as separate documents. The title chains show that the subject parcels have not been held in common ownership from 1972 until October 1, 2004. Section 9 -20 -20 (a)(2) of the Land Use Code states that lots conveyed in to common ownership after October 1, 2003 do not merge. The property is bordered by Michael and Annie Katz's house and a new house being built by Mike Hoffman to the south. The base of Highland Peak borders the property to the west. There is a pond and an accessory cabin located to the north of the Fort. The cabin is not a dwelling unit and does not have plumbing. Attachment 3 depicts riparian vegetation which was mapped by Jonathan Lowsky in cooperation with Warren Rider. Attachment 4 is the October 2008 "Wetland & Riparian Assessment and Delineation for County Review: Launer Property Parcels" prepared by Jonathan Lowsky of Colorado Wildlife Science LLC. Jonathan concludes in the report that prior to development most of the property was occupied by riparian plant communities. Attachment 3 depicts avalanche and rockfall hazard areas mapped by Art Mears P.E.. Attachment 5 is the September, 2008 Snow Avalanche and Rockfall Analysis and Mapping: Two Conundrum Creek Properties prepared by Arthur L Mears, P.E. Inc. Art's report shows that virtually all of Parcel A is within a rockfall hazard area. A small portion of the site located in the southeast corner is outside of the rockfall hazard area. Attachment 3 shows that the west side of the property is in the red avalanche hazard area. The existing A- Frame, parking area and sheds are located within the blue avalanche hazard area. The trees in the Castle Creek Valley are very dense. Consequently, the proposed building site on the subject property is not visible from Castle Creek Road. PROEXT DESCRIPTION The applicant is requesting approvals to build a new single - family house. The total residential floor area proposed will be approximately 10,750 square feet. If approved, two TDRs will be utilized to increase the permitted residential floor area on the lot from 5,750 square feet to 10.750 square feet. The proposed Dale Launer Parcel B Activity Envelope Plan is depicted by Attachment 6. (--00 W1 Four Activity Envelopes are proposed. Activity Envelope 1 is the proposed location of a new house, driveway and utilities. The Envelope avoids all site development constraints with one exception. The applicant requests approval to include a .09 acre riparian area which is contiguous with the parking lot and existing septic system within Activity Envelope 1. The applicant proposes restoring riparian vegetation within Activity Envelope 3 to compensate for the loss of this small riparian area. This area contains .09 acres located within 100 feet of Castle Creek. The riparian area exchange will provide a continuous riparian area within 100 feet of the Creek. Activity Envelope 2 is located in the southwest corner of the property. This area is the proposed location for an onsite waste water treatment system serving Parcel B as well as Parcel A. Refer to Attachments 7 and 8, letters prepared by Tim Petz of All System Septic (ASS). Activity Envelope 4 encompasses the existing driveway to Parcel A. The driveway is located almost exclusively outside the avalanche red zone. Attachments 3 and 6 show one small portion of the west side of the driveway is located in the red zone. All of Activity Envelope 4 is within a rockfall hazard area. Driveways are prohibited in rockfall hazard areas. The Hearing Officer is not empowered to approve Activity Envelope 4 and an approval is not anticipated. Activity Envelope 4 maybe approved by the Board of County Commissioners as part of a Takings Remediation Hearing for Parcel A. LAND USE APPROVALS The following sections address the land use approvals identified in the pre - application conference. The pre - application conference summary sheet appears as Attachment 7. The applicant is seeking the following land use approvals. Standards appear in bold followed by the applicant's responses. Sec. 2 -30 -20 (g): Activity Envelope and Site Plan Criteria for Approval; Sec. 7- 10 -50: Activity Envelope /Site Plan; Sec. 7- 20 -10: Site Preparation and Grading; Sec. 7- 20 -20: Steep and Potentially Unstable Slopes Sec. 7- 20 -30: Water Courses and Drainage; Sec. 7- 20 -40: Floodplain Hazards; Sec. 7- 20 -50: Geologic Hazards: Avalanche & Rockfall; Sec. 7- 20 -60: Wildfire Hazard; Sec. 7- 20 -70: Wildlife Habitat; Guu003 Sec. 7- 20 -80: River and Stream Corridors; Sec. 2- 30 -30(h) (2): Special Review Criteria for TDR Receiver Site; Sec. 6- 30 -50(b) (2): GMQS Exemption for Additional Floor Area using TDRs; Sec. 6 -30 -100 GMQS Exemption for Replacement; and Sec. 2 -20 -170 Vested Property Rights. This section of the land use application demonstrates compliance with the preceding Land Use Code standards. Activity Envelope Criteria for Approval Section 2- 30- 20(g)(3) An application for designation of an Activity Envelope shall be approved if it complies with the standards and criteria established in Sec. 7- 10 -50. If the applicant chooses to apply for definition of an Activity Envelope separately from approval of a Site Plan , the Activity Envelope shall be designed to accommodate the largest home and related septic field possible on the site pursuant to Table 5 -1 after the use of TDRs or a GMQS allocation to increase house size. The definition of an Activity Envelope based on a maximum house size and septic field shall not create any presumption that a Site Plan for a house at the same size can or will be approved pursuant to this Land Use Code. The applicant may specify that the Activity Envelope is being created for a house smaller than the maximum allowed under Table 5 -1, and in that event the Activity Envelope will be designed to accommodate a house and septic field of that size. Where the property contains Constrained Area s, the Community Development Department staff shall follow those Priorities for Locating New Activity or Development listed in Sec. 7- 10 -60. Actual siting of the septic field shall require final approval pursuant to the Environmental Health and Natural Resources On -Site Wastewater Treatment System regulations. The proposed Activity Envelopes are depicted on Attachment 6. Activity Envelope 1 has been designed to avoid constrained areas with one exception which was described in the Project Description. Activity Envelope 2 is large enough to encompass an on -site waste water disposal systems for Parcels A and B. Site Plan Review will be considered in the future. As noted in the Site Description section of this application, the property is affected by constrained areas. The proposed Activity Envelope avoids mapped rockfall and avalanche hazard areas. As noted in Attachment 4, Jonathan Lowsky's report, the entire site was probably covered with riparian vegetation prior to the development of the Fort. The applicant proposes restoring riparian vegetation on the east side of the parcel within Activity Envelope 3 to compensate for utilizing a small riparian area bordered on three sides by the driveway and one side by the existing septic system. This proposed swap of riparian areas will provide for a continuous riparian area on the east side of the lot within 100 feet of Castle Creek. t;UUO09 Site Plan and Activity Envelope Section 7 -10 -50 The intent of this Chapter 7 is to allow activities and development to take place where they comply with the provisions of this Land Use Code and with the Pitkin County Comprehensive Plan for the area. Compliance will generally involve avoidance of "Constrained Areas" through the identification of an "Activity Envelope," as well as approval of a Site Plan. For purposes of Chapter 7, "Constrained Areas" include all areas included in each of the following categories, as defined and regulated by this Land Use Code: (1) Areas of Statewide Interest listed in C.R.S. 24- 65.1 -101 et. seq.), (ii) steep and potentially unstable slopes, (iii) water courses, drainage channels, and areas subject to erosion, (iv) floodplain hazard areas, (v) geological hazard areas, (vi) severe or low to moderate wildfire hazard areas, (vii) wildlife habitat areas, (viii) river and stream corridors and wetlands (ix) irrigated lands for food or crop production, (x) historic preservation areas, and (xi) archeological resource areas. The Site Plan process incorporates an "Activity Envelope" approach in which the County staff works with the applicant to determine which portions of the site (if any) would permit the proposed activity or development to be conducted in compliance with this Land Use Code and in conformity with the Comprehensive Plan for the area. In general, this process will involve both a determination of (1) which portions of the site are not available for development because of the existence of Constrained Areas, and (ii) of the remaining portions of the site, which areas would accommodate the activity or development so as to minimize impacts on surrounding properties, maximize compliance with the requirements of the development standards in this Chapter 7, and maximize compliance with the Comprehensive Plan goals and objectives. In general, the defined Activity Envelope for development of primary uses shall be large enough to accommodate the proposed principal use of the property and traditional permitted accessory structures, infrastructure (roads and septic systems), and uses, but should not be significantly larger than the area needed for such structures. In the case of a site with few Constrained Areas, the defined Activity Envelope may include more than one potential building site for a new single family home. The defined Activity Envelope may include non - contiguous areas (including separate areas for septic fields, landscaping, driveways to public roads, mitigation measures required in connection with any provision of this Chapter 7, and /or areas to be disturbed only during construction on the property — including staging areas and materials storage areas). Construction of trails will not require an Activity Envelope analysis except as required by Sec. 7- 20 -50. Clearing, grading, grubbing, earthmoving that exceeds fifty (50) cubic yards, or changes in the natural drainage of the site shall occur only after an Activity Envelope has been defined and all applicable local, state and federal permits have been obtained. In addition, Site Plan Approval is required if these activities will occur on a property within a Scenic View Protection Area. Activity Envelope and Site Plan Review for a Stream Restoration Project shall adhere to all development standards in 7 -2040 and 7 -20.80 and shall be reviewed by the BOCC as set forth in Table 2 -1. Once an Activity Envelope has been defined, the natural grade, topography, vegetation and drainage of areas outside the defined areas shall not be disturbed except as specifically permitted in this Land Use Code. Prior to any development activity on the parcel, the boundaries of the Activity Envelope shall be identified with construction fencing, and such fencing shall remain in place until development has been completed. 006010 While it is preferable to obtain approval of an Activity Envelope as part of the Site Plan approval process, applicants who are not prepared to submit a Site Plan for a specific structure may request approval of an Activity Envelope separately. Prior to the issuance of a Development Permit, the applicant shall be required to apply for and obtain approval of a Site Plan confirming that the proposed development is consistent with the defined Activity Envelope and with other standards in this Land Use Code not considered at the time the Activity Envelope was defined. The standards in this Chapter 7 shall be used (i) to identify the Activity Envelope on a property, (ii) to review and approve the Site Plan for proposed development, and (iii) to regulate development within the Activity Envelope pursuant to the Site Plan. Development Standards in this Chapter 7 which are to be reviewed as part of Activity Envelope and Site Plan review are set forth in Table 7 -1 below. (July, 2006, This section of the Land Use Code explains the Site Plan and Activity Envelope review and approval process. The applicant has followed the process outlined in this section of the Code to prepare and the Activity Envelope Plan. The key site planning considerations on the subject site are avoiding constrained areas and developing an Activity Envelope which is compatible with neighboring properties and consistent with the Pitkin County Master Plan Overview and the Maroon Castle Creek Master Plan. The proposed Activity Envelope is the product of these three considerations. Site Preparation and Grading: Section 7 -20 -10 (a) Grading and Fill Placement Grading and filling on a site shall take place only within a defined Activity Envelope . All grading and fill placement that exceeds fifty (50) cubic yards shall be indicated on the Site Plan . The applicant will comply with this Code standard. (b) Clearing, Grubbing, and Vegetation Removal Clearing or grubbing of land, or removal of vegetation shall take place only within an approved Activity Envelope , except removal of noxious weeds may occur outside of an Activity Envelope. Each Site Plan shall document compliance with the requirements of this Sec. 7- 20 -10(b) and Sec. 7- 20.130. Clearing, grubbing and vegetation removal shall be limited to Activity Envelopes 1 and 3 as depicted on Attachment 6, Activity Envelope Plan. (c) Tree Removal and Mitigation Each tree with six (6) inches or larger diameter at breast height (D.B.H.) that is removed within the Activity Envelope shall be replaced with one (1) or more trees with total D.B.H. at least equal to the caliper(s) of the tree(s) removed, to the maximum extent practicable. Any tree that (1) is diseased, or (ii) is required to be removed pursuant to the provisions of Sec. 7- 20 -60, as those requirements may be varied by a wildfire expert approved by the County, may be removed and no replacement shall be required. All revegetation shall also comply with the Pitkin County Revegetation Guidelines. Required replacement trees that do not survive for at least one (1) year after installation shall be replaced at the owner's expense, and the County may require financial security for such replacement pursuant to Sec. 7- 20- 130(b)(7). Tree removal will be limited to Activity Envelopes 1 and 2 depicted on Attachment 6. 6 0 00011 (d) Protection of Natural Terrain The County Engineer or Community Development Director shall suggest and may require design and construction techniques that lessen or mitigate any physical and visual damage caused by the proposed activity or development to Constrained Area s or to the natural terrain, stream vegetation, and other natural features of the landscape within the Activity Envelope . Techniques shall include, but are not limited to: (1) REVEGETATION Revegetation and reforestation utilizing native or similar horticultural material, to be completed during the first planting season after construction; where vegetation is removed, it shall be replaced with vegetation that will reach similar density and height to that removed within two (2) years following conclusion of construction. (2) TOPSOIL Removing and saving topsoil prior to any grading or excavating and replacement for revegetation. (3) WEED PREVENTION Weed prevention, thistle management, and prohibition of non - native plants, which may include reducing animal damage to vegetation cover, as determined by the United States Soil Conservation Service Soil Survey. (4) UTILITY INSTALLATION Locating and installing utilities in a manner minimizing damage to the natural environment and scenic quality. (5) EROSION, SEDIMENTATION, AND STORMWA TER MANAGEMENT (a) Land uses shall: 1. Not cause erosion problems and, if practicable, retain all soil on site; 2. Minimize disturbance of natural vegetation and soil cover; 3. Ensure that all cuts and fills are adequately designed and vegetated to control erosion as well as stability of the slope area; 4. Ensure that natural drainage patterns are preserved and protected from increased water flows that subject existing channels and adjacent areas to increased erosion; and 5. Preserve natural vegetation and soil cover within those buffer distances adjacent to rivers, streams, lakes, reservoirs and wetlands /riparian areas established in Sec. 7- 20 -80. (b) Mitigation measures identified in an approved erosion, sedimentation, or stormwater management plan shall remain in place until revegetation is viable. The applicant shall comply with these standards. u0u312 Steep and Potentially Unstable Slopes Section 7 -20 -20 The following provisions shall apply whenever steep slopes or potentially unstable slopes occur within the Activity Envelope, but do not apply when the Activity Envelope have been defined to avoid such areas. This section of the Land Use Code requires development to be located on slopes of less than 30 percent. Attachment 3, the Dale Launer Parcel B: Trust Activity Envelope Plan: Existing Condition Map, shows that all of the land on the parcel located to the east of the Avalanche Red Zone Line is flat. The surveyor has only prepared topography mapping to the east of the Avalanche Red Zone Line. A slope analysis is not provided because the site is flat. The area within the Avalanche Red Zone has not been mapped because development is not permitted in this area. Water Courses and Drainage Section 7 -20 -30 This section demonstrates compliance with the Land Use Code standards for Water Courses and Drainage. (a) Encroachment or Channeling Encroachment or channeling activities in a river, stream (including intermittent streams), pond, wet meadow, or wetland are also subject to the requirements of Secs. 7 -20.40 and 7 -20 -80 of this Land Use Code, as well as all other applicable state and federal statutes and regulations (including, but not limited to the U.S. Army Corps of Engineers permitting requirements of Section 404 of the Federal Clean Water Act). The applicant is not proposing to alter any rivers, streams, ponds wet meadows or wetlands on the site or in the site vicinity. (b) Drainage (1) GENERAL Activities and development shall provide for: Maintenance of historical flow patterns and runoff amounts to reasonably preserve the natural character of an area and prevent property damage attributable to runoff rate and velocity increases, diversions, unplanned ponding and/or stormwater runoff; The unimpeded flow of natural water courses and ditches; Adequate drainage for all low points; A drainage system designed to account for an entire drainage basin capable of accommodating runoff from a proposed development and, where applicable, the runoff from areas adjacent and upstream; Maintenance of drainage systems; and On -site treatment of stormwater by use of best management practices designed to detain and allow infiltration of runoff prior to discharge to any water body. (2) Runoff Volumes Runoff volumes and peaks within a development site and in areas affected by runoff from a development site shall not exceed the runoff levels attributable to the undeveloped site as determined by a professional engineer licensed in the State of Colorado. The applicant shall submit a drainage plan for the property as part of Site Plan review process. The applicant commits to not alter drainage patterns in the site vicinity. (C) Groundwater Activities and development shall not result in the introduction of any contaminants to groundwater, or interfere with any recharge area or aquifer. The applicant shall comply with this Land Use Code standard. (d) Irrigated Areas Activities and development shall: (1) Not adversely affect the adequacy of water supplies available for the irrigation of agricultural lands; and (2) Not adversely affect the exercise of any existing and decreed irrigation water right. Portions of the property are irrigated. (e) Irrigation Ditches Activities and development shall: (1) ACCESS Provide for access to irrigation ditches by ditch owners and to the public if a ditch is to be, or is part of the Pitkin County Open Space and Trails System or other public property. (2) PREVENTING LEAKAGE Ensure that no building shall be constructed immediately downhill of a ditch unless the ditch can be placed in a culvert, lined, or otherwise treated to avoid leakage of water downhill towards the building. (3) AVOID FLOODING Design land uses to avoid flooding problems from flood irrigation. (4) AVOID SEEPAGE Place basements and soil absorption on -site wastewater treatment systems in locations where they will not be impacted by flood irrigation or seepage from irrigation ditches. There are no irrigation ditches on the property. (f) Sedimentation Activities and development shall: (1) CONTROL DURING CONSTRUCTION Provide adequate sedimentation control throughout all phases of development. (2) SEDIMENTATION Retain sediment produced by soil disturbances on site where the disturbance occurs and prohibit run-off into any water body, wetlands, or riparian area. u��Ua4 (3) REVEGETATION Revegetate clearing and grading as soon as possible, but in no event longer than one growing season after conclusion of development on a site. The applicant shall comply with these standards. (g) Water Quality (1) All land uses shall comply with those setbacks required by Sec. 7 -20 -80 and those setbacks required by Table 5 -1. (2) Activities and development shall comply with all state and federal statutes and regulations concerning the protection and enhancement of water quality (including but not limited to the requirements of all state and federal permitting programs). (3) Activities and development shall be consistent with maintenance of the Stream Classifications for the Roaring Fork River watershed, as identified in Section 208 of the Roaring Fork Watershed Management Plan, and shall comply with state regulations pertaining to maintenance of those classifications. The applicant shall comply with these standards. (h) Efficient Water Use Activities and development shall emphasize the most efficient use of water, including, to the extent permissible under law, the re- cycling and reuse of water. The applicant will comply with Code standards. Floodplain Hazards Section 7 -2040 This section of the application demonstrates compliance with Section 7 -20 -40 of the Code. (1) Floodplain Maps (1) In addition to the Pitkin County Floodplain Regulations, the standards in this section apply to mapped Floodplain hazard areas as depicted in the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map, National Flood Insurance Program (June 4, 1987, and including any subsequent amendments to that map) and areas determined by the County Floodplain Administrator to be in flood hazard areas. (2) Where a property owner believes that the mapped floodplain hazard areas shown on the FEMA Flood Insurance Rate Map are inaccurate, the property owner may request that FEMA process an amendment to that map, or may present alternative mapping to the County Engineer, who may accept such mapping as an indication of the floodplain area only if the County Engineer believes the alternative mapping to be more accurate than the FEMA Flood Insurance Rate Map. (3) Where the 100 -year or intermediate regional flood has not been established, a property owner may conduct a floodplain study to determine the boundaries of the floodplain. The property owner should consult with the County Engineer to determine the appropriate methodology for the Floodplain study. iG UOUL5 (4) Where the 100 -year or intermediate regional flood has not been established by the FEMA Flood Insurance Rate Map pursuant to subsection (1) above, or by a property owner study pursuant to subsection (3) above, this regulation shall apply to all lands within an area that is twenty (20) horizontal or five (5) vertical feet (whichever land area is greater) from the existing high water line on any river, stream or material drainage channel, and any area that the County Flood Administrator determines to be a flood hazard area. It shall be the burden of the applicant to demonstrate that the property seeking development approval is not within a floodplain hazard area. (b) General Standards (1) All activity and development is prohibited within the 100 -year floodplain except as specifically permitted in this subsection (b) or by subsections (c), (d), or (e) below. (2)Within the 100 -year floodplain, no use, fill, construction, excavation, embankment, or alteration on or over any portion of the floodplain shall be permitted that would result in any of the following: The storage or processing of materials that in times of flooding are buoyant, flammable, explosive, or otherwise potentially injurious to human, animal or plant life. The disposal of garbage or other solid waste materials. The human occupation of structures either fixed or mobile, permanent or temporary. Substantial solid debris being carried downstream by floodwaters. Any obstruction that would impair the flow or storage capacity of a floodplain so as to cause foreseeable damage to others either within or outside of floodplain boundaries. A substantial increase in sedimentation or erosion. The infiltration of floodwaters into on -site water supply and wastewater disposal systems that would impair their functioning or pollute the stream. Damage to or destruction of aquatic ecosystems, including but not limited to, wetlands and riparian habitat areas. The Castle Creek floodplain has not been mapped by FEMA. Attachment 6 is the Activity Envelope Plan. The Plan shows the Activity Envelope 1 is twenty (20) horizontal or five (5) vertical feet (whichever land area is greater) from the existing high water line of Castle Creek. Geologic Hazards Section 7 -20 -50 The subject site is affected by avalanche and rockfall danger. This section demonstrates compliance with Sections 7 -20 -50 (a) and (c) of the Code. Standards appear in bold followed by the applicant's responses. Q) Avalanche Areas Restrictions on activities or development in avalanche areas are set forth in subsections (1) and (2) below. In the event that an application is denied because there is no hazard -free area on a site, or because the proposed activity or development does not comply with the restrictions in this section, and an appeal is later granted pursuant to Sec. 2 -20 -180 or relief is granted pursuant to 11 0uuJ16 Sec. 2 -40 -90 or Sec. 2 -40 -130, the proposed activity or development shall incorporate hazard mitigation according to the standards in subsection (3) below. (1) HIGH HAZARD AVALANCHE ZONE Development is prohibited within High Hazard Avalanche Zones. (2) MODERATE HAZARD AVALANCHE ZONE Development within a Moderate Hazard Avalanche Zone may only be permitted under the following circumstances: If an entire property is affected by the Moderate Hazard Avalanche Zone, development may be permitted if the hazard can be adequately mitigated to ensure public safety pursuant to the standards in subsection (3) below. In the event that development outside of the Moderate Hazard Avalanche Zone will result in significant incursions into or impacts on Constrained Areas, the County may, in its discretion, approve such development with adequate mitigation measures to assure the safety of the occupants of the property. If the County finds that other hazards present on a property outweigh the risks associated with development in the Moderate Hazard Avalanche Zone, the County may, in its discretion, grant approval to such project subject to compliance with the mitigation measures specified in subsection (3) below. (3) MITIGATION STANDARDS Development shall be restricted to the least hazardous area of a project site. If structural avalanche defenses are required to protect people or structures, they shall be designed by a certified professional engineer licensed in the State of Colorado to withstand avalanche impact forces. Clear- cutting or other large scale removal of vegetation, particularly within avalanche path starting zones, shall be prohibited. Extractive operations are prohibited within avalanche hazard zones during the winter unless there is an approved program of avalanche control and defense measures. Utility lines or pipes crossing avalanche hazard zones shall be buried. Surface pipes, poles or towers for suspended transmission lines in avalanche hazard zones shall be protected by utilizing avalanche diversion methods or protection structures. Roads intended for winter use shall avoid avalanche hazard areas. If the County finds that it is not possible to construct a road that avoids high or moderate avalanche hazard areas, then the County may approve a road subject to site specific mitigation methods. Roads that must cross hazardous areas shall be designed to limit exposure and utilize avalanche control practices to reduce the danger along exposed road segments. Where the main access road to a proposed development is crossed by an avalanche path, a secondary access may be required. Warning signs shall be placed along commonly traveled winter roads and trails that cross avalanche hazard zones. Property owners who develop in avalanche areas or obtain driveway access through avalanche areas shall bear the costs of any avalanche control measures that may be required to mitigate the hazard. Attachment 5 is a September, 2008 Snow Avalanche and Rockfall Analysis and Mapping: Two Conundrum Creek Properties prepared by Arthur I. Mears, P.E. Inc. The preceding standards are not applicable to the land use proposal because all structures and the driveway serving the Fort 12 1000Ji7 will avoid the mapped avalanche hazard areas. Most of the driveway which traverses the subject property leading to Parcel A is within the moderate (Blue) avalanche hazard area. A very small section of the driveway is located in the Severe (Red) avalanche hazard area (refer to Attachments 3 and 6). (k) Rockfall Areas Development is prohibited within Rockfall Areas. In the event that an application is denied because there is no hazard -free area on a site, and an appeal is later granted pursuant to Sec. 2 -20- 180 or relief is granted pursuant to Sec 2 -40 -90 or Sec. 240 -130, the proposed activity or development shall be reviewed according to the following standards: (1) Activities and development shall only be permitted if design and construction stabilization and maintenance measures approved by a qualified professional geologist or engineer licensed in the State of Colorado and the County are utilized. Construction stabilization measures may include but are not limited to: Stabilization of rocks by bolting, gunite application (cementing), removal of unstable rocks (scaling), cribbing or installation of retaining walls; Slowing or diverting the moving rocks by rock fences, screening, channeling and dams, or by concrete barriers or covered galleries; Physical barriers around vulnerable structures; and Periodic maintenance of mitigation measures. (2) Activities and development shall not: Increase water supply to cliffs or overhangs. Remove protective vegetation. Add weight or otherwise disturb overhanging strata. Make any excavations that remove underlying support. Increase erosion that removes underlying support. The rockfall hazard area impacting the property has been mapped by Art Mears and is depicted on Attachment 3. Activity Envelope 1 avoids the mapped rockfall hazard area. Activity Envelope 4 which encompasses the driveway serving Parcel A is affected by rockfall hazard. The Hearing Wildfire Hazard Areas Section 7 -20 -60 The subject site is located in a low to medium wildfire hazard area. The site will be developed in compliance with the Land Use Code standards for low to medium wildfire hazard areas. Wildlife Habitat Section 7 -20 -70 The subject site is not within or proximate to critical wildlife habitat areas, however it is located proximate to elk winter range. The applicant will comply with the Code standards in this section. 13 CiUUUJ -B River and Stream Corridors Section 7 -20 -80 (1) Riparian and Wetland Areas and Buffers (1) PROTECTED FEATURES Each Site Plan shall identify each of the following features on the property. "Blue line" perennial streams shown on U.S. Geological Survey maps of the area; and Intermittent streams or streambeds known or apparent from field study, with the exception of man -made waterways such as ditches and water features. Isolated, natural wetland and riparian areas. (2) MINIMUM SETBACKS All activity and development shall maintain a minimum setback from the protected features identified in subsection (1) above. All activity and development after the 5th of July, 2006 shall maintain a riparian arealwetland 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). All activity and development after the 5th of July, 2006 shall maintain a buffer of a minimum of twenty -five (25) feet from isolated wetlands and/or riparian areas identified in (a)(1)(c) above. July, 2006, Ord. No. 14 -D, 2006 - § 7 -20-80 Amended (part) by Ord 021 -2007; Ord 024.2008 Attachment 6, the Activity Envelope Plan, shows that Activity Envelope 1 is proposed to be located 100 feet from the Castle Creek mean high water line. Riparian and wetland vegetation is mapped on Attachment 3 as delineated by Jonathan Lowsky in conjunction with Warren Rider. (3) ADDITIONAL SETBACKS (a) Site Specific Factors In addition, some or all activity and /or development may be required to maintain an additional riparian area /wetland setback of up to fifty (50) feet from each feature indentified in subsection (a)(1)(a) and (b) above -- beyond the minimum setback in subsection (2) above. The width of any required additional setback may vary across different portions of the property, and the types of activities or development prohibited within the additional setback may also vary in different portions of the additional setback. Establishment of any additional setback requirement shall be based on an analysis of the following limiting factors during review of the Site Plan or Activity Envelope for the proposed development or activity: Slopes adjacent to the protected feature equal or exceed thirty (30) percent. Highly erodible soils or unstable streambank conditions are present. The proposed use of the property presents a special hazard to water quality or wetlands (e.g., storage or handling of hazardous or toxic materials). The one hundred (100) year or intermediate regional flood zone exceeds the minimum fifty (50) foot setback requirement. 14 uuuJU19 Trees, shrubs, or other natural features that provide for streambank stability, habitat enhancement for aquatic environments, and riparian area protection exist, or to maintain pre - development riparian plants. Habitat for plant, animal, or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service exists. Habitat for plant, animal, or other wildlife species listed by the State of Colorado as rare, threatened, or endangered, species of special concern, or species of undetermined status exists. The area is needed to prevent or minimize flood damage by preserving storm and flood water storage capacity. The area is needed to protect fish spawning, breeding, nursery and feeding grounds. The area is needed to preserve areas of special recreational, historical, archeological, scenic, or scientific interest. (b) Public Health and Safety In appropriate cases, a setback of greater than one hundred fifty (150) feet may be required by the Board of County Commissioners in order to protect the public health, safety and welfare. (4) REDUCED SETBACKS (a) Site Specific Factors — New Development Activity Where an applicant is seeking a reduction in the one hundred (100) foot riparian /wetland setback specified in subsection (a)(2)(a) above, a site specific analysis shall be submitted to prove that there is no area on the property that can be used for development outside of the one hundred (100) foot setback, without encroachment into the following area(s) prohibited from development in Section 7 of the Land Use Code: Slope; Geologic Hazard Severe Wildfire; and Wildlife Habitat In the event that no developable area exists outside of the 100 foot setback, the applicant shall provide an analysis demonstrating compliance with the following criteria as well as any other criteria specified by Pitkin County, as part of the Site Plan or Activity Envelope application for the proposed development or activity: 1. Slopes adjacent to the protected feature are less than thirty (30) percent. 2. Highly erodible soils or unstable stream bank conditions are not present. 3. The proposed use of the property does not present a special hazard to water quality or wetlands (e.g., storage or handling of hazardous or toxic materials). 4. The one hundred (100) year or intermediate regional flood zone does not encroach into the setback reduction requested. 5. Trees, shrubs, or other natural features that provide for stream bank stability, enhance wildlife or aquatic movement within a stream corridor, provide habitat enhancement for acquatic environments and riparian area protection do not exist. Or will be unaffected by the proposed activity or development within the setback reduction being requested. 6. Habitat for plant, animal, or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service does not exist within the setback reduction being requested. 15 'UjU j20 7. Habitat for plant, animal, or other wildlife species listed by the State of Colorado as rare, threatened, or endangered, species of special concern, or species of undetermined status does not exist within the setback reduction being requested. 8. The area within the setback reduction being requested is not needed to prevent or minimize flood damage b preserving storm and flood water storage capacity. 9. The area within the setback reduction being requested is not needed to protect fish spawning, breeding, nursery and feeding grounds. 10. The area within the setback reduction being requested is not needed to preserve areas of special recreational, historical, archeological, scenic, or scientific interest. July, 2006, Ord, No. 14 -D, 2006 - § 7 -20 -80 Amended (part) by Ord 21 -2007 (b) Site Specific Factors — Reclamation of Previously Developed Areas Where an applicant is seeking a reduction in the one hundred (100) foot riparian /wetland setback specified in subsection (a)(2)(a) above for purposes of reclaiming a previously - developed area (e.g., removal of concrete rubble, or removal of a paved roadway or parking lot), the application shall include an analysis demonstrating that the proposed reclamation of the site will result in; A return to natural conditions that better preserves and /or enhances the protected feature and other natural attributes of the site. Preservation and /or enhancement of any public viewsheds. Preservation and /or enhancement of any public recreational opportunities associated with the protected feature. The applicant shall also address any other site - specific factors specified by Pitkin County during review of the Site Plan or Activity Envelope for the proposed development or activity. July, 2006, Ord. No. 14-D, 2006 - § 7 -20 -80 Amended (part) by Ord 21 -2007 (c) Variations in Encroachment in Prescribed Setback The width of any permitted encroachment into the one hundred (100) foot setback may vary across different portions of a property, and the types of activities or development allowed within the encroachment may also vary on different portions of a property. July, 2006, Ord. No. 14 -D, 2006 - § 7 -20 -80 Amended ((art) by Ord 21 -2007 (nl) General Standards (1) All development and activity involving disturbance of the land shall be prohibited within the setbacks established in subsection (a) above, except as permitted by subsection (c) below. (2) In the event that an application is denied because there is no portion of the site where the proposed activity can take place outside of the required buffer areas, and an appeal is later granted pursuant to Sec. 2 -20 -180, or relief is granted pursuant to Secs. 2 -40.90 or 2-40 -150, the proposed development shall be reviewed according to the mitigation standards in subsection (d) below. (n) River and Stream Corridors and Wetlands Exceptions (1) Bridges, roads, paved and gravel trails, utility crossings, existing overhead utility lines, irrigation devices, water diversion facilities, culverts, flood control structures, and other structures may be permitted in riparian and wetland buffer areas upon a finding that there is no feasible alternative location and that any adverse impacts will be adequately mitigated as required by subsection (d) below. (2) Bank stabilization, riparian restoration work and restoration of natural, dynamic riverine functions (in accordance with the requirements of Section 7- 20- 40(c)(2)) may also be permitted in riparian and wetland buffer areas upon the BOCC finding that any adverse impacts will be adequately mitigated, as required by subsection (d) below. 16 l,c!lj21 (3) Development on lots in County approved subdivisions with designated building or development envelopes. (4) Development on lots in the Lazy Glen MHP Subdivision /PUD may develop according to setbacks identified in the PUD approval. (5) Development on lots zoned VC or VR in the Redstone Historic Townsite shall maintain a minimum twenty (20) foot setback, measured horizontally from the identifiable high water line of each feature identified in subsections (a)(1)(a) and (b) above. (6) Expansion of legal non - conforming structure(s) in the form of added height and bulk, with no changes to existing structure footprint, subject to provisions in Section 9 -50 -20 (c). (7) Placement and maintenance of improvements for a micro hydroelectric facility may be permitted within riparian /wetland area and associated stream and riparian /wetland setbacks, upon finding that any adverse impacts will be adequately mitigated, as required by subsection (d) below. These facilities include: Intake facilities (catch basins, gate valves, sediment tanks); Transmission pipelines of 12" diameter or less; Exposed /anchored or shallow buried; Hydro turbine generator power delivery systems housed in an outbuilding in accordance with Section 4- 30- 050(k); and Tailraces to return water flow back to a stream. In addition to requirements outlined in subsection (d) below, a site specific analysis shall be submitted for review and approval that identifies riparian, wetland, and in- channel habitat that will be disturbed as a result of construction of the facility and associated infrastructure. A mitigation plan that employs best management practices for restoring such disturbed habitat shall also be submitted for review and approval. A bond shall be collected to ensure revegetation and mitigation occurs. (8) Development on lots in the Little Elk Creek Village Subdivision shall maintain a one - hundred foot (100 ft) setback from the identifiable high water line of Little Elk Creek except in the following circumstances: (a) An owner of a legally created residential structure, or portion thereof, that encroaches partially or completely into the fifty foot (50 ft) setback area from Little Elk Creek may redevelop, reconstruct or replace that portion of the structure which encroaches into the fifty foot (50 ft) setback area in the same footprint configuration as exists prior to the reconstruction, with no additional encroachment allowed into the fifty foot (50 ft) setback. (b) An owner of a legally created residential structure, or portion thereof, that is partially or completely within the area that is at least fifty feet (50 ft.) from Little Elk Creek, but less than one - hundred (100 ft) from Little Elk Creek may redevelop, reconstruct, or replace the structure within this area, with no additional encroachment allowed into the fifty foot (50 ft) setback, but with expansion permitted in the area that is at least fifty (50 ft) from Little Elk Creek. In either of these cases, enhancement of riparian vegetation will be required through the site plan review process. The riparian vegetation enhancement required will be proportional to the extent of the riparian habitat degradation on the site. A construction management plan and drainage and erosion control plan will be required to insure there will be no deleterious effects on existing riparian vegetation. (July, 2006, Ord. No. 14 -D, 2006 - § 7- 20-80 (part) Amended by Ord 21 -2007 — Ord 012 -2008 — Ord 038 -08) 17 u us J2)2 (0) Mitigation Standards Any disturbance of the buffer area must be reclaimed by regrading and revegetation in accordance with the Pitkin County Revegetation Guide or as directed by the Pitkin County riparian expert, the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, or Colorado Division of Wildlife, and compliance with such standards shall be included as a condition of any approval. In addition, the following standards shall apply: (1) Utility corridors in buffer areas shall be located at the outside edge of the buffer. (2) Access roads for utility maintenance shall be located outside the buffer area. (3) Access for utility maintenance in buffer areas should be at specific points rather than parallel to the utility corridor. (4) Development shall incorporate specific measures designed to reduce erosion and prohibit sedimentation; no development that will increase stream sedimentation and suspension loads shall be permitted. (5) Development shall comply with Sec. 7 -20 -30 and those stream setbacks contained in Table 5- 1 . (6) Removal or disturbance of vegetation in riparian and wetland buffer areas shall be avoided to the maximum extent practicable. (7) Areas where vegetation in wetland or riparian buffer areas is disturbed or removed shall be revegetated as quickly as possible, but in no event later than one growing season following conclusion of construction activities in the area. (8) Channelization of streams is prohibited; development shall be designed to fit the channel rather than allowing changes in the channel in order to fit the development. (9) Perennial stream channels shall be bridged whenever possible; when this is not practicable, culverts shall be designed to avoid plugging and prevent washouts. (10) Development shall not result in the raising of water temperatures. (11) Alterations to stream channels (including their capacity, filling and dredging) shall be prohibited unless it has been satisfactorily demonstrated, through site- specific scientific study and analysis (including an evaluation of all upstream and downstream impacts), that the proposed channel work will improve the dynamic stream channel function, the habitat for a diversity of species, and that future and historical public uses, such as stream navigation, recreation, and aesthetics are not diminished by the proposed channel improvements. All approved stream work must be permitted. Acceptable scientific information may include, but is not limited to, information on channel hydrology, site geomorphology, strembed characteristics, micro invertebrate populations, and fish populations. Applicant must also demonstrate that the scientific information provided has been generated by an individual(s) or legal entity lies) qualified to render an assessment in all pertinent subject areas. This demonstration may be provided in the form of a curriculum vitae (CV) for an individual, a company resume of project experience, personnel certifications and licenses, etc, or any other manner reasonable under the circumstances. (July, 2006, Ord. No. 14 -D, 2006 - § 7 -20 -80 Amended (part) by Ord 021 -2007, Ord 024 -2008) There is an isolated riparian area located on the east and west sides of the existing gravel parking area. The applicant is proposing to include this area within Activity Envelope 1. This will partially eliminate the unusual shape of the proposed Activity Envelope. The applicant is proposing restoring riparian vegetation in Activity Envelope 2 to compensate for the loss of riparian vegetation. M ui�i;v23 Special Review Criteria for TDR Receiver Site Section 2- 30 -30(h) The applicant is seeking Special Review approval as a TDR Receive site to utilize two TDRs for additional floor area. If approved, the TDRs would permit the development of 10,750 square feet of floor area. This section demonstrates compliance with the Land Use Code Special Review standards. The Standards appear in bold followed by the applicant's responses. (a) The special review use shall be consistent with the applicable County Master Plan. The 2003 Maroon/Castle Creek Land Use Master Plan is the applicable Plan. According to the Master Plan the key issue associated with larger homes in the Castle Creek Valley is the visual impact of the homes from Castle Creek Road. Due topography and dense vegetation, Activity Envelope 1 is not visible from Castle Creek Road. (b) The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including County Land Use Policies in Chapter 1. The County Land Use Policies are addressed in the next section of the land use application. (c) The proposed development must not materially endanger the public health, safety or welfare. The pubic health, safety and welfare will not be endangered by the proposed development. (b) The proposed development must not substantially injure the value of adjoining or abutting property. The value of adjoining or abutting property should not be adversely affected by the proposed development. (c) The special review use shall be consistent with the intent of the zone district in which it is proposed to be located. Development as proposed is envisioned in the AR -10 zone district. (d) 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. The significant natural landscaping screening and topography make it possible to develop a house of the size being proposed. Due to the dense vegetation the house will not be visible from neighboring properties. (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, 19 OOGj24 trash, service delivery, air /water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. The site will be improved with a single family dwelling unit. There will be the typical off -site impacts associated with a large single family dwelling unit. (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. The applicant will pay applicable impact fees at the time of building permit. The site will be served by and individual well and an on -site waste water disposal system. (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. 240 -20. The development will comply with these Code sections. (j) If a Special Review Use ceases or its permitted time period ends, all uses and structures must immediately be brought into conformance with the underlying zone district regulations. If cessation of operation is due to demolition or destruction through any manner not willfully accomplished by the owner, uses /structures may be restored as of right pursuant to Sec. 9 -30 -70 of the Land Use Code. The applicant will comply with this standard. Pitkin County Land Use Policies are addressed below. The policies appear in bold followed by the applicant's responses. 7- 10 -20: PITKIN COUNTY COMPREHENSIVE PLAN It is the policy of the County to adopt comprehensive plans for the County and regularly update these plans. Throughout this Land Use Code, references to the Pitkin County Comprehensive Plan include the Overview Pitkin County Comprehensive Plan, which encompasses the concepts, policies, actions and common themes contained within all adopted Land Use Master Plans in the County. Where there is any conflict between the Overview and any other adopted Land Use Master Plan, the Overview shall govern. This policy is not applicable to the land use application. 7- 10.30: CONFORMANCE WITH THE PITKIN COUNTY COMPREHENSIVE PLAN It is the policy of the County to ensure that the use and development of land within Pitkin County and any actions committing such land to development or a change in use should consider Pitkin County's Comprehensive Plan. The 2003 Maroon /Castle Land Use Plan is the applicable Plan. This Plan was previously addressed in the land use application. 7- 10-40: COMMUNITY BALANCE The dominant policy of Pitkin County is to conserve and protect from further degradation the present natural environment and its resources. Development that can be accommodated within these limits will be managed to maintain a balance between residential (free- market and affordable), commercial and tourist accommodations. 20 OUGU25J The proposed development will not affect community balance because a change between Growth Management Quota System (GMQS) categories is not being proposed. 7- 10 -50: GROWTH MANAGEMENT It is the policy of the County to manage the rate at which development applications are approved, as well as the type, location, quality and ultimate quantity of growth. The subject site is a lot which was in existence prior to the enactment of the residential GMQS. The subject site was exempted from GMQS and site development of this lot was anticipated as part of the GMQS. 7- 10 -60: GROWTH RATE: PHASING OF PUBLIC SERVICES AND FACILITIES It is the policy of the County to maintain and improve the quality of life of its residents. To this end, the County will manage the location and timing of development in the residential, commercial and tourist accommodation sectors. The provision and location of public services and facilities should support development that is consistent with the Pitkin County Comprehensive Plan. To ensure that growth is consistent with the Pitkin County Comprehensive Plan the County will maintain a Growth Management Quota System (GMQS). The subject site will be redeveloped as a demolition and reconstruction of an existing home. The development activity is exempt from the residential GMQS and is anticipated by the system. The applicant will pay development fees as required. It is the policy of the County that future urban development will be located within adopted Urban Growth Boundaries in order to eliminate residential sprawl and strip commercial development, to ensure the provision of adequate service levels, to preserve agriculture and open space land uses, and to maximize the utility of funds invested in public facilities and services. Lands outside the growth boundaries will be deemed most appropriate for the preservation of agriculture, natural habitat, environmental resources, open space and rural residential uses. As noted above, the proposed activity involves the redevelopment of a property which already has a single family dwelling unit. The existing building envelop on the property is actually being somewhat reduced in size (see Attachment 2). Site development is within a limited area as depicted on Attachment 6, Site Plan. 7- 10 -70: RURAL DEVELOPMENT When proposing future development outside of Urban Growth Boundaries, the following elements should be considered: • Pitkin County seeks to preserve its natural, rural scenery and natural landmarks for the benefit of its residents and the continued viability of its resort economy. • Planned unit style development (PUD), designed to integrate siting in harmony with the environment and consistent with land use policies, is encouraged. Such development tends to minimize the cost of governmental and other services, maximize open space, preserve agricultural lands, and minimize automobile congestion and hazardous conditions on public roads and highways. • New development should be compatible with and not fundamentally change the character of any neighborhood or area. • Pitkin County does not generally support extensions of public utilities such as municipal water and sewer lines outside of the Urban Growth Boundaries (UGBs). 21 UJUJ'06 • New commercial development should be located within established Urban Growth Boundaries unless it is of a scale and capacity deemed to be appropriate within identified boundaries. Transfer of development rights (TDRs) may be appropriate to preserve and protect rural character, open space, scenic features, and environmental resources, and to avoid development in environmentally constrained areas. • To the extent possible, the County seeks to protect scenic corridors along highways, county roadways and mountain road systems. • It is the policy of the County that development not impede the ability of citizens to view the night sky without the interference of artificial light. The site has been planned to comply with the Scenic View Protection standards and will be subject to Scenic View Protection review at the time of Site Plan Review. The applicant will comply with the Rural Character Guidelines for Building Location. As noted previously, the most significant site planning consideration for this property is the dense vegetation which will screen the proposed large house from Castle Creek Road and adjoining parcels. Another important consideration is that the subject parcel is located below Castle Creek Road with little visibility from the Road. 7- 10-80: AGRICULTURAL PRESERVATION • Productive agricultural land is a limited resource of environmental, cultural, open space, visual and economic value that should be conserved and preserved. • All new development in areas surrounding or incorporated within existing agricultural properties should be designed to minimize impacts to agricultural operations. • Preservation and utilization of water for agricultural lands within the county is encouraged. • The fragmentation of large parcels of agricultural land is discouraged and the assemblage of smaller parcels into larger, more manageable and agriculturally productive tracts is encouraged. • Pitkin County supports "right -to- farm" legislation. • Pitkin County promotes the viability of agricultural lands and operations within Pitkin County and supports preservation of large tracts of land now committed to or capable of agricultural uses. The property is not used for agricultural purposes. 7- 10 -90: WILDERNESS Pitkin County supports protection of designated Wilderness areas within and surrounding Pitkin County, as these areas provide residents and visitors with vistas and opportunities for experiencing the natural environment while renewing their "mind, body and spirit." The County encourages management of adjacent and neighboring land to preserve the integrity of the wilderness areas. This policy is not applicable to the subject site 22 U,-j27 7 -10 -100: RECREATION The County recognizes the fundamental importance of recreation and tourism to the local economy and encourages the provision of services and facilities necessary for the continuation of existing activities, consistent with other goals and policies of the County. It is the policy of the County to support preservation of the physical environment; to improve county -wide recreational and trail opportunities; to support citizens' rights of appropriate access to public lands on roads and trails historically open to the public; to secure new access points consistent with County and Federal land use plans; and to protect existing open space from urbanization and development in order to maintain quality of life and enjoyment of the environment. The applicant's proposal fosters this policy via the acquisition of two Transferable Development Rights (TDRs). If the TDRs are transferred from the Rural and Remote zone district lands proximate to recreation areas are being sterilized. This improves the recreational experience in Pitkin County 7 -10 -110: SKI AREAS Pitkin County favors the expansion of uses within existing permitted ski area boundaries, with a focus on expanding uses during non -peak periods, but does not support new alpine ski area proposals. Coordination with the Forest Service and ski area proponents regarding ski area development will consider both on and off -site impacts such as affordable housing, transportation, waterways, air quality and adjacent neighborhoods. This policy is not applicable to the subject site. 7 -10 -120: CAMPING The County supports maintenance of existing campgrounds at their current capacities. This policy is not applicable to the subject site. 7 -10 -130: TRAILS Non - motorized transportation alternatives, such as trails for bicycles, horses, pedestrians and cross- country skiers are encouraged. The County supports preservation and enhancement of access to trails; and development of bike and pedestrian ways that provide links between communities, residential and employment areas, commercial centers, recreational and open space areas, and educational facilities. Where motorized and non - motorized uses of trails are proposed or exist in common or in close proximity to one another, the County supports consideration of separate and distinct trails for each use. There are not any trail easements planned in the site vicinity. 7 -10 -140: OPEN SPACE AND TRAILS BOARD The County supports the Open Space and Trails Board in the acquisition and maintenance of open space parcels, conservation easements, trails and facilities such as trailheads, parks, river access points for boating or fishing purposes and access to public lands. Parks, open space and public recreation facilities are encouraged throughout the county. This policy is not applicable to the subject site. 7 -10 -150: COMPATIBILITY WITH EXISTING ADJACENT NEIGHBORHOODS It is the policy of the County to insure land use proposals are compatible with existing neighborhoods. To this end, the County will provide notification of pending land use applications 23 UJiUJ2C3 to the affected adjoining property owners, homeowners associations and neighborhood caucus groups when appropriate. The proposed development will be compatible with the neighborhood due to the screening of the house by the dense trees. 7 -10 -160: COMPATIBILITY WITH PUBLIC LANDS It is the policy of the County to support the preservation and protection of public lands from the impacts of incompatible development by promoting land uses within and nearby public lands that are compatible with public use of those lands and with the preservation of the natural environment. This land use application fosters this policy by providing for the potential transfer of two TDRs from the Rural and Remote zone district which is proximate to public lands. 7 -10 -170: PRIVATE LAND SURROUNDED BY PUBLIC LANDS (INHOLDINGS) It is the policy of the County to promote and encourage the transfer of private inholdings to public ownership with the objective of promoting consistent management of the public lands to reduce conflicts between private owners and developers and the public at large. This policy is not applicable to the subject site. 7 -10 -180: ECOLOGICAL BILL OF RIGHTS (EBOR) As the integrity of our ecosystem is increasingly challenged by human activity, and population growth and the accompanying sprawl are seriously damaging and threatening to destroy the ecological carrying capacity (environmental sustainability) of the region, it is the policy of the County to implement the following rights: • The right to breathe clean air and enjoy clear vistas. • The right to the preservation of natural riparian areas and wetlands. • The right to permanently protected minimum stream flows in rivers and creeks. • The right to the preservation and restoration of native wildlife and plant diversity by preservation of sufficient habitat. • The right to protection of designated wilderness through management of adjoining land in a way that preserves the integrity of the wilderness areas. • The right to a landscape kept free of noxious and invasive weeds. • The right of appropriate access to public lands on roads and trails historically open to the public, consistent with the nature and designation of the public lands. • The right to dedicated open space protected from urbanization and development. • The right to the efficient and renewable use of energy. • The right to be free from excessive noise. • The right to see the night sky without the interference of unnecessary artificial light from growth, urbanization and highway development. • The right to the absolute minimum involuntary exposure to toxic chemicals, radioactive substances and energy forms that are hazardous to health. 24 0UUU29 • The right to maintain and not exceed the carrying capacity (sustainability) of the land and water, including protecting water quality. • The right to expect government legislation and active enforcement of land use and development regulations consistent with this Ecological Bill of Rights. Site development is consistent with this policy because of the use of two TDRs which will preserve land in an appropriate location. 7 -10 -190: NATURAL AND MAN -MADE HAZARD AND RESOURCE AREAS It is the policy of the County that development be sited in locations that avoid natural hazard areas, and where avoidance is not possible, in locations where mitigation is designed to minimize potential harm to life, safety, health, and property. As noted in previous section of this application, low /moderate wildfire hazard, elk winter range, rockfall, floodplain and avalanche hazards affect the subject site. The property has been planned to avoid these constraints. There will be typical required wildfire mitigation. 7 -10 -200: SOIL, SURFICIAL GEOLOGIC CHARACTERISTICS AND RADIATION It is the policy of the County that development not be located in areas subject to radiation and geologic hazards. The subject site is impacted by soil, surficial or geologic hazards and has been planned to avoid the hazards. 7 -10 -210: DRAINAGE It is the policy of the County that development not disturb the integrity of existing and natural drainage patterns, and to discourage land use and development activities that subject areas to increased potential for damage by flood, erosion or sedimentation, or increase the potential for water pollution. As noted in this application, the applicant will submit a drainage plan with the building permit application. 7 -10 -220: EROSION It is the policy of the County that development not contribute to the erosion of soil and rock and that natural vegetative cover be maintained and that areas disturbed by land use or development activities be revegetated. An erosion control plan shall be submitted with the building permit application. 7 -10 -230: SCENIC QUALITY It is the policy of the County that its natural, rural scenery be preserved for the benefit of its residents and the continued viability of its resort economy. Undergrounding of utility lines is supported where and when appropriate to minimize visual impact. Scenic quality will be addressed in the Scenic View Protection review. The site is heavily screened by vegetation.. 0147 0 0UJ33 7 -10 -240: CULTURALMISTORICAL RESOURCES It is the policy of the County that historic and archaeological resources that meet national, state, or local criteria for historic designation are preserved, protected from neglect, destruction or harmful alteration, and maintained. There are not any historic and archaeological resources locate on the property. 7 -10 -250: AIR QUALITY It is the policy of the County that development not degrade air quality. Site development will comply with local and state air quality regulations. 7 -10 -260: ENERGY CONSERVATION New development is encouraged to incorporate energy conserving and alternative energy systems and building systems that minimize consumption of energy. Site development will comply with County energy codes. 7 -10 -270: NOISE It is the policy of the County that development will not generate noise which would adversely impact community noise levels. Site development will comply with County noise standards. 7 -10 -280: WATER RESOURCES AND AQUATIC /RIPARIANMETLAND AREAS (1) It is the policy of the County to preserve and protect its present water resources, recognizing the county's semi -arid character and that significant transmountain and transbasin diversions and the vested rights of senior appropriators have materially curtailed the availability of water resources. Furthermore, wetlands and riparian ecosystems, which are important to maintaining the overall balance of ecological systems; and are important plant communities, wildlife habitat and movement corridors, should be conserved, protected and restored. The County seeks to protect citizens' rights to permanently protected minimum stream flows in rivers and creeks, and to the preservation of remaining natural riparian areas and wetlands. (2) Land uses within the region should be designed to preserve and protect present water resources, including surface and groundwater, and to avoid significant adverse affects on the quantity, quality, or dependability of water resources in the County. Land uses should protect against significant increased salinization of water, loss of minimum instream flows, and the need for future major public expenditures to reacquire or redistribute water resources. (3) To protect water resources and /or riparian habitat, development in areas adjacent to water bodies, functional irrigation ditches and natural watercourse areas should maintain adequate setbacks where necessary. There will not be any impacts on Castle Creek or the intermittent stream bed resulting from site development. 7 -10 -290: WILDLIFE It is the policy of the County that proposed land uses (including structures) are compatible with the ecosystem of wildlife habitats and do not pose immediate, long term or potential detrimental impacts to such habitats. The County seeks to preserve, restore and perpetuate native wildlife and plant diversity by maintaining sufficient habitat. RM 6.0 'ij31 The subject site is not within a critical wildlife habitat area. 7 -10 -300: LOGICAL EXTENSION OF UTILITIES It is the policy of the County to regulate public and private utility extensions. Areas served by such extensions must be found suitable for development in accordance with the Pitkin County Comprehensive Plan. The subject site is served by existing utilities. 7 -10 -310: ADEQUATE PROVISION FOR WATER NEEDS It is the policy of the County that the availability of a water supply of adequate quantity, pressure and dependability for fire protection and support of a proposed land use be in place prior to approval of the use. The subject site will be served by an existing individual well. 7 -10 -320 Sewage Treatment It is the policy of the County that adequate sewage treatment facilities are feasible and available to serve existing and new developments. There will be an on site waste water disposal system. 7 -10 -320: SOLID WASTE MANAGEMENT Pitkin County is committed to all economically and environmentally appropriate processes that are directed toward reuse opportunities and the prolonging of landfill life. The County supports efforts to reduce waste generation and the amount of solid waste disposed of in landfills, and to implement effective resource recovery and recycling activities. The proposed development shall be designed to provide for segregation of waste materials for recycling. 7 -10 -330: TRANSPORTATION/TRANSIT /ROADS • The County encourages transportation programs consistent with the County Asset Management Plan; modes and land use patterns that minimize automobile congestion, promote safety and reduce sources of air pollution. • The County supports preservation of rail corridors for potential development of rail or other improved transititrail alternatives in the future. No development should be allowed to prevent the options of the Community to pursue rail, trail or other improved transit alternatives along such corridors. • Where practical as a means of retaining rural character, the County seeks to retain existing unpaved roads and to preclude the extension of winter maintenance on rural roads. • The County seeks cooperation with emergency service agencies in establishing emergency access road standards that adequately address safety needs in the context of rural character. • Development that generates traffic volumes in excess of the capacity of the County road system or that causes significant service level reductions is discouraged. • Appropriate buffer strips should be preserved along federal, state and local roadways to protect public views, minimize safety concerns and environmental impacts, and to preserve corridors for future transportation facilities. 27 J3uJ, 32 • Roadway capacity improvements should integrate alternative modes of transportation, such as bicycles and transit, and pedestrian ways so as to add "people carrying" capacity to the roadway, not just vehicular capacity, whenever feasible. • New and upgraded roadways should be designed, engineered and constructed to minimize environmental and aesthetic damage and future maintenance costs consistent with public safety needs. The applicant shall pay Pitkin County Road impact fees at the time of building permit. 7 -10 -340: PITKIN COUNTY AIRPORT (SARDY FIELD) The County will partner with public, private and non - profit entities to support continued air safety, reliable and efficient air service at Sardy Field. Neighborhood impacts will be considered relative to expansions or improvements that would promote aviation operations. This policy is not applicable to site development 011BRI7ii4>AXe% u7�Idi[ilkl[ac1%11MIK The County encourages adequate, minimal impact regional and community telecommunications facilities to serve the needs of governments, emergency services, businesses, and citizens of Pitkin County. • Where a telecommunications system utilizes a network of facilities, a comprehensive approach should be taken for evaluating potential sites in Pitkin County with a view to minimizing the number of sites required and any adverse impact. • When feasible and not otherwise detrimental, multiple telecommunications facilities should be consolidated onto common towers, and /or located adjacent to, on or incorporated into existing or proposed buildings or other structures. This policy is not applicable to site development 7 -10 -360: CITIZEN HOUSING It is the policy of the County to encourage the existence of a supply of desirable and affordable housing for persons employed in Pitkin County, senior citizens, the handicapped, and other qualified persons of Pitkin County. Pitkin County seeks to preserve existing affordable housing to the extent possible; and to encourage the development of affordable housing within established Urban Growth Boundaries, where employment, services and facilities are typically already established. • It is the policy of Pitkin County to promote the availability of affordable housing for employees generated by proposed development. • A diversity of housing types and densities is encouraged in order to ensure affordable housing for a range of individual and families. Deed restricted housing that ensures occupancy by full time residents is preferred for development, especially within Urban Growth Boundaries. • Affordable housing of urban or suburban densities is not encouraged outside the Urban Growth Boundaries if it promotes sprawl or other development inconsistent with this or other policies or regulations of the County. Affordable housing outside Urban Growth Boundaries may be acceptable if it is: (i) Employee Dwelling Units (EDU) and Caretaker Dwelling Units (CDU); (ii) job related on -site housing; (iii) conversion of existing locally serving housing; (iv) on -site required mitigation housing; or (v) replacement of existing affordable housing. ou �i�uU33 • Quality residential areas, which function as integral neighborhood units, are encouraged. • Rehabilitation of existing residential facilities should be promoted where feasible. The purchase and buy -down of existing units throughout the county is encouraged since it promotes affordable housing goals without increasing growth rates or impacts. • Special attention should be directed to providing for dispersal of housing for low and moderate income families and low income senior citizens throughout the residential areas of the Urban Growth Boundaries with due consideration to other policies of the County and the availability of water and sewer service, fire protection, public transportation, employment, shopping, schools, social services, and recreational activities. • The use of energy conservation and innovative home building techniques in order to reduce construction and/or operating costs without sacrificing safety or desirability of the housing shall be encouraged and supported. When appropriate, the revision or adoption of building codes will be encouraged to meet this objective. For deed restricted housing projects, a preference will be given to developers and contractors that utilize such techniques. Affordable housing impact fees will be paid at the time of building permit. 7 -10 -370: REQUIRE THAT DEVELOPMENT BEAR AN EQUITABLE SHARE OF RELATED BURDENS It is the policy of the County that new development must pay an equitable share that would otherwise be borne by the general public, and /or make equitable contributions, commensurate with its impacts, to ensure that no reduction in the quality of services, public facilities or programs occurs as a result of the development. The applicant will pay applicable impact fees at building permit. 7 -10 -380: GENERAL GOVERNMENT/ PUBLIC PARTICIPATION AND PLANNING PROCESSES • Pitkin County acknowledges the benefit of regional planning. To that end, the County supports planning efforts between counties, towns, state and federal agencies. These cross - jurisdictional approaches are most notably important in the venues of transportation, housing, open space, water resources, agricultural lands, solid waste facilities, public safety, wildfire mitigation and human and social services. Intergovernmental agreements are encouraged to facilitate implementation of common land use goals. • The County encourages general public participation when public and quasi - public bodies are making decisions, which significantly affect citizens and the formation of specific citizen advisory groups to participate in planning - related matters. • Pitkin County promotes the preparation of community -based plans by Caucuses or other neighborhood groups that are consistent with the policies herein, and other policies adopted by the Board of County Commissioners. Recognizing the unique qualities and issues inherent in our County, creative approaches to land use are encouraged. This policy is not applicable to the subject site. 7 -10 -390: ECONOMIC SUSTAINABILITY AND CONDITION A balanced, diversified economy should be promoted in order to maintain and enhance the quality of life in our community. The economy should offer desirable local employment opportunities without creating significant job growth. Desirable local businesses may include those that utilize 29 uuuiJ34 environmentally sustaining operating practices, recycle monies back into the local economy, and do not adversely impact surrounding areas. This policy is not applicable to the subject site. 7 -10 -400: CONFORMANCE WITH OTHER LAWS It is the policy of the County to consider whether approval of uses or development of lands within Pitkin County is consistent with applicable laws of the United State of America and the State of Colorado. Site development will comply with local, state and federal laws. GMQS Exemption for Additional Floor Area using TDRs Section 6- 30- 50(b)(2) 7- 10410: EXEMPTION FOR DEVELOPMENT USING TRANSFERABLE DEVELOPMENT RIGHTS ( "TDRS ") The transfer of development rights (TDRs) from Sending Sites identified in Sec. 6 -70 -20 may provide an exemption from GMQS subject to compliance with the standards of this section. Specific forms of exemption are listed below: (a) New Dwelling Units A new dwelling unit located within the Aspen Urban Growth Boundary may be exempted from GMQS through the use of TDRs as provided in Sec. 6- 70 -40(b) and subject to special review approval pursuant to the criteria in Sec. 2- 30- 30(h)(2). A new dwelling unit located outside the Aspen Urban Growth Boundary may not be exempted from GMQS through the use of TDRs. (b) Additional Floor Area for Lots /Parcels (1) ASPEN URBAN GROWTH BOUNDARY Additional floor area up to the final maximum size permitted by Table 5 -1 (including base floor area), on a lot/parcel within the Urban Growth Boundary, may be exempted from GMQS without special review through the use of TDRs as provided in Sec. 6- 70- 40(b). (2) RURAL AREA Additional floor area, up to the final maximum size permitted by Table 5 -1 (including base floor area), on a lot in the following subdivisions within the Rural Area may be exempted from GMQS without special review through the use of TDRs as provided in Sec. 6- 70- 040(b): Starwood, Starwood Ranch, Owl Creek Ranch, East Owl Creek, Eagle Pines, Castle Creek Valley Ranch, White Star Ranch, Star Mesa and Aspen Valley Downs. Additional floor area, up to the final maximum size permitted by Table 5 -1 (including base floor area), on a lot/parcel within the Rural Area not included in (a) above may be exempted from GMQS through the use of TDRs as provided in Sec. 6- 70 -40(b) and subject to special review approval pursuant to the criteria in sec. 2- 30- 30(h)(2). This application has addressed the special review standards in a previous section of the application. 30 uiuj05 GMQS Exemption for Replacement Section 6 -30 -100 7- 10420: EXEMPTION FOR REMODELING AND REPLACEMENT A GMQS exemption is created for remodeling or replacement of existing floor area, commercial structures and tourist accommodation units, as follows: (a) General Standards An exemption for remodeling, replacement, and additions shall comply with all other applicable provisions of this Land Use Code and the following standards: (1) LEGALLY CREATED STRUCTURE The applicant shall demonstrate that the structure proposed for remodel or replacement was legally created by producing a valid copy of the building permit for the structure. In the event a valid building permit for a structure cannot be provided, remodeling or replacement may occur if the applicant demonstrates that the structure was built prior to the issuance of County building permits. Attachment 10 contains the Certificates of Occupancy for the Fort. The first Certificate was issued in 1982. Vested Property Rights Section 2 -20 -170 The standards and procedures to obtain Vested Property Rights appear below followed by the applicant's responses. (a) General (1) The approval or conditional approval of a Site Specific Development Plan results in the establishment of a vested property right pursuant to C.R.S. 24 -68 -101 et. seg. (2) During the pre - application meeting related to an application for a development approval that can be approved through Administrative Review (pursuant to Table 2 -1), the Community Development Department staff shall ask whether the applicant intends to create a vested property right in the approved application. (3) If the applicant's intention is to create a vested property right in any development permit other than a Site Plan or Activity Envelope, then staff shall inform the applicant that the application shall be processed through the One-Step Review process, with a hearing before the Hearing Officer. (4) If the applicant's intention is to create a vested property right in a Site Plan or Activity Envelope, the staff shall inform the applicant that the application shall be processed through the following procedure: The Community Development Department shall post notice and provide mailed notice to the property owners adjacent to the site of the lot or parcel for which a Site Plan or Activity Envelope is proposed. The notices shall contain the information required by Sec. 2 -20 -100 31 UuU�� and shall state that the Community Development Department will accept comments or objections regarding the application until a date at least two (2) weeks following the postmarked date of the mailed notice. The notice shall further state that if no objections are received by that date, the Community Development Department shall make a decision on the application pursuant to this Land Use Code. If no objections to the application are received by the date stated in the notice, the Community Development Department shall document the fact that no objections were received and shall make a decision on the application pursuant to this Land Use Code. If any objections to the application are received by the date stated in the notice, the Community Development Department shall continue the application to a public hearing before the Hearing Officer. (5) The vested property rights procedures in this section shall apply to any Site Specific Development Plan approved on or after January 1, 1988. The procedures shall not apply to any Site Specific Development Plan or other land use application approved prior to January 1, 1988, and the law applicable on the date of approval shall apply to such projects. The applicant is seeking a Vested Property Right for the subject site. According to Section 2 -20- 170 (b) (d) an Activity Envelope approved pursuant to Section 2- 30- 20(g)(3) constitutes a Site Specific Development Plan. If the Activity Envelope on Dale Launer Parcel B is approved it shall be vested for a term of three years. Summary The proposed land use application will not change the basic character or appearance of the approved uses on the site; does not constitute a new development activity; does not increase off - site impacts resulting from development; does not endanger the public health, safety and welfare; does not violate any Land Use Code standard; does not affect on -site parking or utilities. Due to the dense foliage on the site, the property is suitable for the use of two TDRs to increase floor area to 10,750 square feet of floor area. This land use application has addressed the Land Use Code standards identified by the Pitkin County Community Development Department in the Pre - Application Conference Summary Sheet (see Attachment 9. The following is a summary of the Attachments to this land use application. Vicinity Map 2. 1990 Minor 1041 Hazard Review Plan for Launer 3. Dale Launer Parcel B: Existing Condition Map 4. October 2008 "Wetland & Riparian Assessment and Delineation for County Review: Launer Property Parcels" prepared by Jonathan Lowsky of Colorado Wildlife Science LLC 5. September, 2008 Snow Avalanche and Rockfall Analysis and Mapping: Two Conundrum Creek Properties prepared by Arthur I. Mears, P.E. Inc. 6. Dale Launer Parcel B Activity Envelope Plan 32 UUVU37 7. May 14, 2009 letter from Tim Petz of All Service Septic addressing Parcel B on Site Wastewater Treatment System 8. May 18, 2009 letter from Tim Petz of All Service Septic addressing Parcel A on Site Wastewater Treatment System 9. Pre Application Conference Summary Sheet 10. Certificates of Occupancy 11. Title Commitment 12. Fee Agreement 13. Authorization Letter 14. List of Adjacent Property Owners Please contact me if we can provide any additional information or to clarify anything. Sincerely, DAVIS HORN INCORPORATED GLENN HORN AICP 33 ODU033 Attachment joa VTCTkTTTV A X A r M1NOR 1041 HAZARD REVIEW SITE PLAN FOR LAUNER PITKIN COUNTY, COLORADO - Att ach men It Z rY51 1 atr,r'�it f\ ' K iIK IGi, IetY 114at Flo N 1 M ca 1maxl Ulf q< ,I Sa�MiS of Caath caeR q W Feul o m Vf NrIgM• . E/ Hat?• Ey{p�y<rs, Im. <f- Glenmo0 Sp I W'. L Ib W _ l:ee IettP MLIC SMte®P I °9G1 O� . Cas -�Ie h J: ar �U - 4w4. OF4A Pt19n - ` t r ad, m S." oad, ms tl of n E.S. M. WI W _ to w 5 h1 S@1 , Raw 0' kz Lo toe 6th Mtpm P tln fgbt W m4 q Mo8 f� M I ilt ....Y 4 a . y ' 4 \� '� ��( •n 849�]< Rtt tnb¢c Ees�t 12] 1s feet teen 52!'AEUO' E19$." N.M 100' F I. IM 00 E 150.001x[ tlpa S W90 W E W 0G Sf<et: tMx S W2<'00 P 19],00 fM Max 5' IS W W f SW.op'1Rt Neiwe 04°00 W` N 32.00 fret. . If? N f :220 00 fee< tllpce 5 IDbi 00" ; 89.00 fxt, vli, p W Idet; h 91 Sa U-9 diem¢ N 1$'05'11' N i99 1P INt. UMIm Y W °$3 Wt N hI 29 of DIGIdAlm. U-9 (c. M FJ.M Net: tMl $ Nd]4 °$G 16" E Itd.]I f<et to Ne pelnt v_ tho, pp l[a t k .Y that Ml"f adi Ettn 'O f, P to LW ,, W 6 s.. o of 11 b A a. .... 19111 plfaft CM'"o,". Y W^S 8•t^ta an0 tM we am oe'w- E1 I. X.4- is'g0 "E — — T m A.,dIea 1Wt Nu.tl aevl al U / dN { ;B+s S-,- Calmer J(u.9y: uv[ItaNr i xxc s =I E +1< e. . S.tL c v � rJ.F ad SVrvPYO S CPM1I(ICd[P.. ..'. xtW`a�'r �, SyamY 1m1wNP tlo:14RpY CertltY Ndt I a< a R915Lere0 I x eyaf IlcMittl uMer SO 'IDYS DF fR2 SNL O/ COIpr1W V1 t te1 5 t lido B t T04t m V.t i' • ,,r,3 _ nom. ^ -n61ad P1 14 IW 1 Ni; too Ipr M tre t11at i a SIM P df xe ad, rvl s finet Y "Ialdh eaneeex re 1 a Idc ., add <Iw� oY - r td <1 of [le Wlldl a e 1 pa. fil l s a roneet M De It F _. "'HE APPLIGU,Yt' �••x' MIf[�Ki fb'7EN'i1AL ! L t�,}AR� M cel E 'I+ $ a 1 arf fo nil, 811E tM T11B pL WM" 4UWLIBM1: la Ntm . n ° adt W, doe am Waal Lh.s 4 do, of e I A. O65p@IN !YP TH6 WDFbsED OOI'E1cM1 SVWJ. :NC'LUCG II.lXfIJ6 a.0: IA : ••1 �+ 6 8, Scz�z. =;zc_o bp.AINF'b� A1VA'N Y Y mIC - Pq`%g`4�TY 6. A . 11h QMi1N taW ysVtY/ /y0 f[kpNMENDATbNS S Fr- .. �:i_ 9ttriDAT1aN D®516N yNIL BE Su1M'1111M M 4T4RT DF THE BOHAIIIB ACCfViaNLE FAA N CgNLN4 D FIVE 6VItwD v mw, - TO Iy4Afa[G dF FhIs SW M Mp M&i ad'"tC.i f fl G offi.e l�f th, GePM and "da"Gal Me tHE OtMaTY s101f06EL 4F -IO1- ` APFAa'v1.A .Pitt d, Cdlca r0o mis yy� day : A.G. 1990 L 1 1: y A EUILOWO PCAMIT. [d. Plat mx -2£L t'vese j? u QN, 1. If 5 Id op CI } 7a} it�� 4. PHoR To lf9fy1,1t6 of A euliriN4 pl4ltrt,tAS Avaudvr slMU 0;,�3 pl NJDL A VgbM3 fbti-0.4f:A1nTHE wa sic. o»'lbsu_sx'IaH 1p�10aED ANE, wfmon DY T16. E?NIReNNE1VFAL HlNTN _ , .Yi - pEPAA.TMaE}aT M# -MMUWM p02]KAI OF 4 Q.M1E°filc ta4WTts1• *tWML y. ..� \;If 'Ill - A26,wiYn y�� h `lDfMC1c �SAAI,{, �,c9rat.0 NICE AM M61NfAINE� IN 1rs MA.MLr �°d�41 l��'v l.Ew N' (._11,1'XQr }.: AKTUfAA• '/fNfR. SNP Md4c.1� 111J4 K MpSU[sC - T. 1 l S., JZ-: Ea5 W ]E.a,s 14 M, �- 10 S. otact fto** TALLY t<Ra1•'''fiFE aNE�IJ IOENTI£M6tL. NaAH todsTB¢ Skk �IorncQct P tx- - pvi.AlL OF TILE LINES IN SP E SYDNEY LINCICOME 'L 514/10 ' _ -- ^° -. 80> i2. '�d PBONpAJE, �DIOP a ^C 81FLJ 3G3 e63 :852 ,Are 23 J°Cnu 1940 scz_E r: so' 0OU040 / I DALE LAUNER PARCEL "E" EXISTING CONDITIONS MAP A PORTION OF H.E.S. NO. 112 TOWNSHIP 10 & 11 SOUTH, RANGE 85 WEST, 6TH P.M. PITIUIN COUNTY COLORADO /..� �•.. �.. � y. � W V V V W W J W j W ATOLL Dmf90•nON PARCEL 'r A TRACT OF LAND 9NAM IN H.E.S N0, 112. TO'M1911P 10 AIO 11 $AITH RIME 65 NEST OF THE 6M MNCIPAL MERIDIAN. BEING MORE ALLY Dl¢R AS FODUDM MOBBING AT CORNER NO. 9 OF SAD H.EA NO. 112. A STONE MO RI I ENT N PLACE 00041 2119' NOTES 1) BEIICHMMK 651"0' AT CLR. Na 9 KIM NO. 111 QONT INTERVLL IS T,, 2) ROCK FAL UMM AND AVAAAIM Z0NES NTERPOlM FRW AVON AVKANCHE AND ROpf FALL MNALY9S MAPPING K,,BT PREPARED BY MMOR I. NEARS P.E. DAM 09/20 FAR PARM_-' no CdNNORIIM CREEK RD AND PARML W NS COXONDRVN RF RO. 3) RIPARIAN AREAS LOCAIEO FROM "DOING PIAQL BY CUORA00 "U)UFE SCIENCE LLC W 9/2008 TE INTERYCTN OF A CIXNTY R0AD AND SAID PRIVATE HF.A 112 BEARS NM711 ROOM FEET: THNCE NOTR6'W 74.00 FEET: THERM N04'Mi 1M.96 FEET: TIME N065 WW 62.26 FEET. THENCE NI6 WW 2662 FEET. TEKE 41110w 100.00 FEET: THENCE N0231 57.61 FEET: THENCE N90D3'40'E 67.01 FEET: THENCE N01'N'W 5600 FPET: THENCE NM'V 94.00 EEET; MENCE N332V"N 64.92 FIET: TNENCE N0520'W 95M` FEET. 1NENCE N13YYW 39.64 FEET: THENCE N1614V EDF FEET: THENCE K0 72.,4 FEET THENCE N1T3640^M 39.50 FEET: TNENCE 10811.41'2 67.12 FEET: THENCE N28T 30`w HN FEET: THENCE 1,153 1 M24 FEET. THENCE N20'3 WW 27M FEET; THENCE NOY46'W M94 FEET: THENCE W041 XO0 FEET: THENCE N29 WE WOO FEET: T ,M NOBIOE 60.33 FEET: THENCE N0436'30'E 140.03 FEET WOE OR LESS TO THE SWTF ME OF THAT PARCEL OESLTIBED IN BUR 242 AT PAGE 926 IN THE R OROS OF MTBN COUNTY. PARCEL 0 10:273535400006 THENCE OEPMTNO fRCY BAR, KBI BARN N543 50'W 61.54 FEET. THENCE 1150 11'w 299.10 FEET: e THERM s64]3'U'W 35129 FEET. C F THENCE N04]ODO'W 23.19 FEET M A P,I,T ON NINE R-9 OF SAID HZ. NO. 111 1" THENCE N20"AY6'E 126T FEET AUMO SAID ENE B-9 TO THE PONT OF ]BEGINNING. ryh x o 00041 2119' NOTES 1) BEIICHMMK 651"0' AT CLR. Na 9 KIM NO. 111 QONT INTERVLL IS T,, 2) ROCK FAL UMM AND AVAAAIM Z0NES NTERPOlM FRW AVON AVKANCHE AND ROpf FALL MNALY9S MAPPING K,,BT PREPARED BY MMOR I. NEARS P.E. DAM 09/20 FAR PARM_-' no CdNNORIIM CREEK RD AND PARML W NS COXONDRVN RF RO. 3) RIPARIAN AREAS LOCAIEO FROM "DOING PIAQL BY CUORA00 "U)UFE SCIENCE LLC W 9/2008 TE INTERYCTN OF A CIXNTY R0AD AND SAID PRIVATE HF.A 112 BEARS NM711 ROOM FEET: THNCE NOTR6'W 74.00 FEET: THERM N04'Mi 1M.96 FEET: TIME N065 WW 62.26 FEET. THENCE NI6 WW 2662 FEET. TEKE 41110w 100.00 FEET: THENCE N0231 57.61 FEET: THENCE N90D3'40'E 67.01 FEET: THENCE N01'N'W 5600 FPET: THENCE NM'V 94.00 EEET; MENCE N332V"N 64.92 FIET: TNENCE N0520'W 95M` FEET. 1NENCE N13YYW 39.64 FEET: THENCE N1614V EDF FEET: THENCE K0 72.,4 FEET THENCE N1T3640^M 39.50 FEET: TNENCE 10811.41'2 67.12 FEET: THENCE N28T 30`w HN FEET: THENCE 1,153 1 M24 FEET. THENCE N20'3 WW 27M FEET; THENCE NOY46'W M94 FEET: THENCE W041 XO0 FEET: THENCE N29 WE WOO FEET: T ,M NOBIOE 60.33 FEET: THENCE N0436'30'E 140.03 FEET WOE OR LESS TO THE SWTF ME OF THAT PARCEL OESLTIBED IN BUR 242 AT PAGE 926 IN THE R OROS OF MTBN COUNTY. PARCEL 0 10:273535400006 Attachm LEGEND ® MIDICAIES FOWO N)AMENT AS CE54AI�D. RPC REO PLASTIC w ALC 1" = 50' Attachm DR26 :10/8008 pSW� 8 /80W }Ili 1,0; 0�6H nt 3 LEGEND ® MIDICAIES FOWO N)AMENT AS CE54AI�D. RPC REO PLASTIC w ALC AWNUM CM TPC 1ELLON PIABIIC CAP POY6R PqF ® EI£CTNC TRINBFgIMFR ® OPTIC MANHCIE EM EECTRIC METER FIRE HYDRANT — — OYERHFAO UAITY UNE ® MODUWS TREE - ..T -c. FORM ME EORGRELV TREE ElECTUC MMMgE O PROPANE TANK - NPARIAN AEAS i DR26 :10/8008 pSW� 8 /80W }Ili 1,0; 0�6H nt 3 J Fi A Pitkin County, Colorado October 24, 2008 (rev. 05.13.2009) Um4 Prepared for - DALE LAUNER 639 Adelaide Drive Santa Monica CA 90402 J ,m. Prepared by - COLORADO WILDLIFE SCIENCE, LLC 0100 Elk Run Drive, Suitre 128A, Basalt. CO 81621 (970) 927 -4549 info @coloradowildlifescience.com Launer Property Wetland & Ripanan Delineation October 24 2008 (rev 05.13 08) COLORADO WILDLIFE SCIENCE, LLC Jonathan Lowsky, MS Wildlife Biology Certified Wetland Delineator Certified Applied Fluvial Geomorphologist I hereby certify that the information contained herein is true and accurate. u 'jL;0 3 Launer Property Wetland & Riparian Delineation October 24 2008 (rev 05 13 08) Table of Contents 1.0 Introduction ................................................................................. ............................... 5 2.0 Site Description ........................................................................... ............................... 5 3.0 Vegetation .................................................................................... ............................... 6 4.0 Delineation ................................................................................... ............................... 6 5.0 Conclusions .................................................................................. ............................... 7 6.0 Riparian Vegetation Removal & Restoration .......................... ............................... 7 8.0 Qualifications Of The Preparer ................................................. .............................10 8.0 Literature Cited ........................................................................... .............................11 Maps.................................................................................................... .............................12 Photos................................................................................................. .............................15 Appendices...................................................................................... ............................... 20 Os'.6J44 COLORADO WILDLIFE SCIENCE. LLC p. 3 Launer Property Wetland 8 Ripanan Delineation October 24 2008 (rev 05.13.08) MAPS Map 1. Aerial View & Vegetation ................................................................................ .............................13 Map 2. Riparian Loss and Restoration Areas ............................................................. .............................14 PHOTOS Photo 1. Castle Creek at the Property.... ............................................................. .............................16 Photo2. Man -made pond ............................................................................................. .............................16 Photo 3. Headgate at outlet of man-made pond ....................................................... .............................16 Photo 4. Narrowleaf Cottonwood - Blue Spruce / Thinleaf Alder Riparian Woodland ...................16 Photo 5. Outer edge of Narrowleaf Cottonwood - Blue Spruce / Thinleaf Alder Riparian Woodland....................................................................................................... .............................17 Photo 6. Non - riparian areas surrounding The Fort .................................................. .............................17 Photo 7. Area cleared of riparian vegetation ............................................................. .............................17 Photo S. Area cleared of riparian vegetation ............................................................. .............................17 Photo9. Access road ...................................................................................................... .............................18 Photo10. A -frame residence ........................................................................................ .............................18 Photo 11. Area cleared of riparian vegetation north of A -frame ............................ .............................18 Photo 12. Upland plant association ............................................................................. .............................18 Photo 13. Wetlands on floodplain of Castle Creek ................................................... .............................19 Photo14. Spring -fed wetl and ....................................................................................... .............................19 Photo15. Isolated wetland ........................................................................................... .............................19 UUUJ -45 COLORADO'WILDLFE SCIENCE. LLC p. 4 Launer Property Wetland 8 Riparian Delineation October 24 2008 (rev 05 13.08) 1.0 INTRODUCTION The Pitkin County Land Use Code (LUC) defines riparian areas as follows: "...plant communities contiguous to and affected by surface and subsurface hydrologic features of perennial or intermittent lotic and lentic water bodies (rivers, streams, lakes, or drainage ways). Riparian areas have one (1) or both of the following characteristics: a) distinctly different vegetative species than adjacent areas, and b) species similar to adjacent areas but exhibiting more vigorous or robust growth forms. Riparian areas are often transitional between wetland and upland." On September 24 and 30, 2008 site visits were conducted to evaluate the vegetational and hydrological characteristics of the site. Following an examination of the plant communities and hydrological gradient, boundaries between upland and riparian areas were demarcated with green pin flags and flagging and photographed. This delineation is based on: (1) Riparian area definitions described in A System for Mapping Riparian Areas in the Western United States (U.S. Fish and Wildlife Service 1997); (2) Riparian plant communities described in the Colorado Natural Heritage Program's A Classification of Riparian Wetland Plant Associations of Colorado (Kittel et al. 1999); and (3) the author's experience in recognizing and delineating riparian areas in western Colorado and the Castle Creek drainage. Riparian areas are regulated according to §7-20 -80 of the LUC. This section establishes riparian area /wetland set -backs (or "buffers ") from the identifiable high water line of (a) "Blue line" perennial streams shown on U.S. Geological Survey maps of the area; (b) Intermittent streams or streambeds known or apparent from field study, with the exception of man -made waterways such as ditches and water features; and (c) Isolated, natural wetland and riparian areas ( Pitkin County 2oo6). The buffers are intended to serve multiple purposes including flood attenuation, sediment control, water quality protection and wildlife habitat preservation. For the most part, riparian plant communities are encompassed within the buffer from a hydrological feature. Plant communities determined to be riparian in nature yet lie outside a given buffer may or may not be protected. The status of such areas is to be determined by means of a subjective evaluation by the County water resources expert W. Rider, personal communication, Oct. 7, 2oo8). Non - riparian areas of the delineation are where the composition of the plant community consists predominands of upland plants with few, if any riparian or hydrophilic plants, or where the ground is devoid of plants due to development (e.g., roads, structures) and has been in such a state for more than one year prior to the delineation. 2.0 SITE DESCRIPTION 11 The Property is situated in the Borth- Central Highlands and Rocky Mountain Section of the Southern Rocky Mountains Steppe - Open Woodland - Coniferous Forest - Alpine Meadow Physiographic Province (Bailey 1976; Omernik 1987; Bailey 1995; Bailey et al. 1998). Elevationof the Property ranges from approximately 8,464 UJIU 146 WILDLIFE SCIENCE. LLC Launer Property Wetland & Riparian Delineation October 24 2008 (rev 05.13.08) to 8,545 feet above mean sea level. The Property consists predominantly of a relatively flat portion of the Castle Creek valley with small areas of relatively steep eastern facing (Map i). Castle Creek, a 4th order perennial stream (Photo i) meanders along the eastern boundary of the Property. A large man -made pond occurs at the center of the Property (Map 1; Photos 2, 3). 3.0 VEGETATION The dominant naturally occurring plant community on the subject property is can be accurately described as a Narrowleaf Cottonwood - Blue Spruce / Thinleaf Alder Riparian Woodland with Engelmann spruce present but not as common as blue spruce (Photos 4, 5). Understory riparian plant species used to delineate the riparian habitat include: 'Baneberry !Cow parsnip ;Field horsetail 1 W itlows Fowl mannagrass �Muttongrass ,Red -osier dogwood (Starry false Solomon's -seal Mountain Maple !Twinberry honeysuckle ;Twisted -stalk :Wax currant 4.0 DELINEATION Actaea rubra subsp. arguta Heracleum spondylium var. lanatum Equisetum arvense Salix $pp. Glyceria striate Poa fendleriana Cornus sericea Maianthemum stellatum Acer glabrum Lonicera involucrata Streptopus fassettii Ribes cereum Ribes inerme The riparian delineation revealed that prior to development most of the Property was occupied by riparian plant communities. Areas determined to be upland (non- riparian) are limited to the cleared areas, driveway, and parking areas surrounding and including the residence known as "The Fort" (Photos 6, 7, 8); the access road (Photo 9); cleared areas that include and surround the A -frame residence (Photos 1o, 11); and areas on the west side of the access road where soils are more xeric and the plant community shifts to an association that can be accurately described as a Quaking Aspen /Saskatoon Serviceberry- Mountain Snowberry /Mixed Graminoid Forest (Photo 12). A riparian wetland system parallels Castle Creek along the east side of the Property. These emergent and shrub -scrub wetlands form a relatively narrow band on and adjacent to the floodplain (Photo 13) A spring flows to the surface below an old stump east of the A -frame house and supports a high quality shrub -scrub wetland (Map 1; Photo 14). An isolated wetland and its associated riparian plant community occur west of the access road (Photos 15). bu u47 COLOP.ACO WILDLIFE SCIENCE. LLC P 6 Launer Property Wetland & Riparian Delineation October 24 2008 (rev 05 13 08) 5.0 CONCLUSIONS 1. The delineated riparian and wetland areas are correctly depicted in the survey produced by Rocky Mountain Surveying (Appendix A). 2. The pond is a man -made water feature and is excepted from §7- 2o- 8o(a)(2). 3. The shrub -scrub wetland and associated riparian plant community west of the access road is isolated and all activity and development should be setback 25 -feet from the outer extent of the riparian vegetation. 4. All other wetlands on the Property, including the shrub -scrub wetland east of the A -frame, are wholly encompassed by the too -foot Castle Creek buffer. 6.0 RIPARIAN VEGETATION REMOVAL & RESTORATION The applicant is proposing to include a portion of the area delineated as riparian within the activity envelope. This 3920.4 square foot (o.o9 acre) area is more than 200 feet from the high water mark of Castle Creek and is bounded to the west by the access road and the east and south by a gravel driveway. The existing septic system is located on the north side of this habitat island. The vegetation is dominated by narrowleaf cottonwoods with an understory of riparian shrubs such as red -osier dogwood and willow species. Soils are non - hydric and the area does not provide any significant riparian function such as flood attenuation, bank stabilization, or sediment filtration. The larger trees do provide valuable songbird habitat and will be preserved to the maximum extent possible. The loss of this riparian vegetation will be mitigated via restoration of a 3920.4 square foot (o.o9 acre) area to the east of the proposed activity envelope (Photo 16). This area is dominated by a few large spruce trees with an understory of grasses, forbs, moss, and bare ground. The proposed restoration area is contiguous with the functional riparian system of Castle Creek. Restoration of native riparian vegetation, both woody and herbaceous) would increase the width of the riparian belt adjacent to the creek, improve the functional value of this reach and decrease the fragmentation of the riparian wildlife habitat adjacent to the creek. The restoration area will be planted with native riparian shrubs and trees from the list in Appendix B and seeded with the riparian grass and forb seed mix listed in Appendix C. The site will be prepared for seeding as follows: 1. Prepare soil by tilling to a depth of 4 to 6 inches (10 to 15 cm). 2. Drill seed if the site is not too moist. For saturated areas or sites too small for a drill, broadcast seed by hand and rake to cover the seed. 3. Mulch with certified weed -free hay, crimped into the topsoil. 4. The existing riparian topsoil should be removed from areas to be impacted should be salvaged and stored on -site for use at mitigation sites. Riparian topsoil contains valuable seeds and root stock, which will re- establish quickly in the proposed project site. 5. Topsoil may be stripped to a depth of up to 18 inches (46 cm) from areas to be O U G, J 4 8 impacted. COLORADO WILDLIFE SCIU4c E. LLC p. Launer Property Wetland & Riparian Delineation October 24 2008 (rev 05.13. 08) 6. Restore topsoil to mitigation sites at a minimum of 4 to 6 inches (10 to 15 cm) deep. 7. Avoid topsoil which contains noxious weeds. Containerized Trees and Shrubs 1. Use native plant material that is adapted to the local hydrologic conditions (Appendix B). 2. Plant after all grading is completed and after peak flows. 3. Areas for tree and shrub planting should be staked by a riparian ecologist and/or landscape architect so that the plants are placed in areas which meet their moisture and aspect requirements. 4. Dig hole two times wider than the ball or container. 5. Place each plant 1 to 2 inches (2.5 to 5 cm) higher than surrounding ground and backfill with soil from the hole. Aspen humus may be used to amend the soil. 6. When planting in riparian areas or drier sites, water the plants for a minimum of one growing season Transplanted Trees 0OU049 1. Whenever possible, salvage small riparian trees and shrubs that would otherwise be removed or damaged during construction for transplant. 2. Transplant only healthy plants_ 3. Plant to areas which will not be disturbed by construction activity. 4. A riparian ecologist and/or landscape architect should stake plant locations based on each species' water requirements. 5. For optimal survival, transplant in early spring while the plant is dormant. 6. Avoid transplanting in summer. 7. Use a tree spade for transplanting. The following table gives the minimum size of spade machine equipment for transplanting, based on caliper (trunk diameter) size. It also represents the minimum diameter of rootballs for machine transplanted plants. Caliper (in.) Min. Spade Machine Size (in.) (Based on root ball width) 1 to 3 44 3 to 6 65 6 to 9 80 9 to 12 90+ 8. Transport the tree directly to new site using the same spade with which it was dug. 9. Do not remove the tree from the spade. 10. Planting pits for machine -dug trees should have the same dimension as the machine ball being placed. SCence. LLC p, Launer Property Wetland & Riparian Delineation October 24 2008 (rev 05 13 08) 11. Fill the planting pit hole half full of water and allow to drain prior to planting. 12. Once the tree is placed, fill the voids with soil and tamp. 13. Build a basin around the tree to hold a minimum 30 gallons (115 liters) of water. Water tree thoroughly. 14. Water trees twice a month with approximately 70 gallons (265 liters) of water each, watering throughout the summer. 15. Stake and guy trees. 16. Fence transplants to protect from deer, elk, and beaver. Transplanted Shrubs Transplanted trees and shrubs (e.g., willow "clumps ") are native species which are removed from a wetland or riparian impact area (prior to its destruction) and transplanted directly to the replacement site. Transplants allow the use of native wetland and riparian vegetation and are relatively hardy due to the retention of the entire root mass, surrounding soil and indigenous soil microorganisms. 1. These plants may be removed by hand (shovel and bucket) or by construction equipment (e.g., backhoe, excavator or tree spade). 2. Although direct transplanting to the replacement site is the preferred method, shrub transplants may be stored on a short term basis provided they are heeled -in, watered, stored in the shade and protected from freezing. 3. Riparian shrubs may be transplanted in the spring or fall, with higher relative survival rates if transplanted while dormant. Density Target tree and shrub densities should be based upon `reference" undisturbed riparian areas of similar slope, aspect, and hydrologic conditions on or adjacent to the Campus. When determining planting densities, potential losses due to wildlife browse, drought, and natural thinning, as well as gains arising from possible natural regeneration should be considered. UJU050 COLORADO WILDLIFE SQEr4cE, LLC P. 9 LaunerProperty Wetland & Riparian Delineation October 24 2008 (rev 05 13 081 8.0 QUALIFICATIONS OF THE PREPARER Colorado Wildlife Science, LLC is a small ecological consulting firm based in Basalt, Colorado specializing in wildlife and ecological assessments, baseline inventories, ecological planning, wildlife research and monitoring, habitat management, wetlands and riparian evaluation, and ecological restoration. Owner and Principal Ecologist Jonathan Lowsky, M.S. Wildlife Biology, Colorado State University, has a broad range of knowledge. With more than 15 years of professional experience with federal, state, and county agencies as well as two major universities Jonathan's career has focused on a diverse array of wildlife from bighorn sheep, elk, and songbirds to northern goshawks, flying squirrels and spotted bats. Mr. Lowsky's experience includes biological assessments and evaluations for NEPA compliance, conservation planning, GIS Mapping and modeling, wildlife research, and ecological monitoring design and implementation, as well as wetland and riparian delineations, evaluations, and restoration. He has authored numerous management plans and conservation easement baseline inventory reports and published scientific papers. An expert birder, certified wetlands delineator, and passionate observer of wildlife, Jonathan has spent countless hours studying and appreciating Colorado's diverse ecological communities. Jonathan Lowsky completed the US Army Corps of Engineers Wetlands Delineator Certification Program in 1999 and David Rosgen's Applied Fluvial Geomorphology Course in 2001. This training has contributed to the quality and success of the wetlands delineations and wetlands and stream restoration projects Mr. Lowsky has completed and contributed to over the last 10 years. Prior to the inception of Colorado Wildlife Science, Jonathan served as the Pitkin County Wildlife Biologist for more than 6 years. In that role, he acted as the County's wetlands, stream, and riparian expert. 5UG051 COLORADO WILD-FE SCIEr ICE. LLC P. 10 Launer Property Wetland 6 Riparian Delineation October 24 2008 (rev 05 13 08) 8.0 LITERATURE CITED Bailey, R. G. 1976. Ecoregions of the United States. Color Map. USDA Forest Service, Washington, D.C. Bailey, R. G. 1995• Description of the ecoregions of the United States. U.S. Dept. of Agriculture, Forest Service, Washington, DC. Bailey, R. G., United States Geological Survey, and United States Forest Service. 1998. Ecoregions of North America. U.S. Dept. of Agriculture, Forest Service, Washington, D.C. Kittel, G., E. VanWie, M. Damm, R. Rondeau, S. Kettler, A. McMullen, and J. Sanderson 1999. A Classification of Riparian Wetland Plant Associations of Colorado: User Guide to the Classification Project. Colorado Natural Heritage Program, Colorado State University, Fort Collins, CO. Omernik, J. M. 1987. Ecoregions of the conterminous United States. Map (scale 1:7,500,000). Annals of the Association of American Geographers 77:118 -125. Pitkin County. 2oo6. Pitkin County Code (July 2oo6). Title 8, Chapter u. Pitkin County, Aspen, Colorado. U.S. Fish and Wildlife Service. 1997. A system for mapping riparian areas in the western United States. 15, Washington, D.C. 006j52 COLUR.4OIJ WILDLIFE Sr_IEtICE, LLC P. 11 Launer Property Wetland & Riparian Delineation October 24 2008 (rev 05 13 08) WILDLIFE ANALYSIS & ECOLOGICAL ASSESSMENT FOR COUNTY REVIEW MAPS LAUNER PROPERTY i OU053 COLOPADC VVILDLEE SCIE;,CE, LLC p. 12 P. v E ,m e a 1 r r.. 4r r y a �. 5wl. T .J f -. .r r 1 r r.. 4r r y a �. 5wl. T .J f -. .r ) ■ � ■ # k~ > E l - Cz ` .\ _ > ) l k k !e l ƒ� ) : ) ) .. . > _ ) - ) ) _ ) ' � Ik ' t ) o-6 \�� f�\ 2 . . z > f - 1 �\ } ! J : \\ l �- i OL0,01RADO WILDLIFE m� r� r). 14 Launer Property Wildlife Analvsis & Ecolooical Assessment October 24 2008 (rev 05.13.08) 1 i ECOLOGICAL ASSESSMENT OF RESIDENTIAL DEVELOPMENT FOR COUNTY ACTIVITY ENVELOPE & SITE PLAN REVIEW PHOTOS LAUNER PROPERTY � GC�t�056 } COLORADO WILDLIFE SCIENCE LLC P. 15 n ri w L J O J 7 000058 s w e . y N E m o_ 0 0 L a 0OU059 G 7 R j� \7 Q 2 C J U 00u060 Launer Property Wildlife Analysis & Ecological Assessment October 24 2008 (rev 05 13.08) ECOLOGICAL ASSESSMENT OF RESIDENTIAL DEVELOPMENT FOR COUNTY ACTIVITY ENVELOPE & SITE PLAN REVIEW APPENDICES LAUNER PROPERTY LJUJ61 COLORADO WILDLFE SCIENCE LLC p. 20 Launer Property WIdlife Anaiysis & Ecological Assessment October 24 2008 trev 05 13.08) APPENDIX A: Survey from Rocky Mountain Surveying - Q CF 1A i CL 1E p id Pg. I ,il i 4m -tz i N Ali di. L - Q CF 1A i CL 1E p Launer Property Wildlife Analysis & Ecological Assessment October 24 2008 (rev 05 13 08) APPENDIX B: Containerized and B &B plant species recommended for riparian mitigation WOODY PLANTS Latin Name Common Name Alnus incana ssp. tenuifolia Thinleaf alder Acerglabrum Rocky Mountain Maple Betula occidentalis (B. fontinalis) Water birch Cornus sericea Red -osier dogwood Lonicera involucrata Twinberry honeysuckle Picea engelmannii Engelmann spruce Picea pungens Blue spruce Populus angustifolia Narrow -leaf cottonwood Populus angustifolia Narrowleaf cottonwood Ribes lacustre Prickly currant Ribes montigenum Gooseberry currant Salix bebbiana Babb's willow Salix drummondiana Drummond's willow Salix geyeriana Geyer's willow Salix monticola Mountain willow - FORBS Latin Name Name _ _ Actaea rubra subsp. arguta _ _ _ _ _ _Common Baneberry Aquilegia elegantula Western red columbine Delphinium barbeyi Tall larkspur Epiloblum angustifolium Fireweed Equisetum arvense Field horsetail Engeron speciosus Aspen fleabane Frasera speciosa Monument -plant Galium septentrionale Northern bedstraw Galium trifidum Threepetal bedstraw Geranium viscosissimum Sticky purple geranium Glycyrrhiza lepidota Wild licorice Heracleum sphondylium Cow - parsnip Iris missouriensis Rocky Mountain iris Maianthemum stellatum Starry false Solomon's seal Mentha arvensis Wild mint Mertensia ciliata Mountain bluebells Pedicularis groenlandica Elephanthead lousewort Rudbeckia hirta Black -eyed susan Senecio triangularis Arrowleaf groudsel Solidago canadensis Canada goldenrod Streptopus amplexifolius Twisted -stalk Thalictrum fendled Fendler's meadowrue Thermopsis montane Mountain thermopsis Veratrum tenuipetalum Colorado false hellebore Vicia americana American vetch djudH CCLORADC WILD'LF° SCIENCE LLC P. Launer Property Wildlife Analysis & Ecoloalcal Assessment October 24 2008 (rev 05 13 08) APPENDIX C: Grass seed mix recommendation for riparian RECOMMENDED SEED MIX Latin Name Common Name % of Mix__ Calamagrostis canadensis Bluejoint reedgrass 2 Deschampsia caespitosa Tufted hairgrass 28.5 Elymus lanceolatus var. Sodar Streambank wheatgrass Sodar 4.5 Elymus trachycaulus ssp. trachycaulus Slender wheatgrass 4.5 Glyceria striata Tall mannagrass 11.5 Juncus arcticus (or J. balticus) Arctic rush (or Baltic rush) 28.5 Koeleria macrantha Prairie junegrass 10.5 Poa palustris Fowl bluegrass 10 UUG064 LOFADO VV'LDLIFE SCIE110E LLC p. 23 AttA.rr&ment s SNOW AVALANCHE AND ROCKFALL ANALYSIS AND MAPPING TWO CONUNDRUM CREEK PROPERTIES 1. Conundrum Trust Property — 245 Conundrum Road 2. Dale Launer Property — 289 Conundrum Road Prepared For Mr. Glenn Horn Davis Horn, Inc. Aspen, Colorado Prepared By Arthur I. Mears, P.E., inc. Gunnison, Colorado September, 2008 00lu;165 1 Arthur I. Mears, P.E., Inc. Natural Hazards Consultants 555 County Road 16 Gunnison, CO 81230 Tel/Fax: (970) 641 -3236 September 8, 2008 Mr. Glenn Horn Davis Horn, Inc. 215 S. Monarch Street Aspen, CO 81230 Dear Mr. Horn: The attached report on snow avalanche and rockfall hazards at the Conundrum Creek properties has been prepared as you requested. This report evaluates and maps the hazard to two properties: 1. The Conundrum Trust Property and 2. the Dale Launer Property. Both properties are shown on Figure 3, the Pitkin County GIS map and labeled by the Pitkin County GIS as the " Launer Properties." Please contact me if you have any questions. Sincerely, Arthur I. Mears, P.E. Avalanche - control engineer Cc: Dale Launer uvui66 2 1 OBJECTIVES AND LIMITATIONS As outlined in my August 5, 2008 proposal this study has the following objectives: 1. Site visit to assess and quantify local topography near the building; 2. Evaluation of detailed Pitkin County GIS mapping to establish avalanche , volumes, slopes and channel shapes and rockfall source areas and slopes and energies; 3. Application of appropriate simulation models to compute velocity, flow height and impact energy that can be used for mitigation structure design at the site, where appropriate and permitted; 4. Preparation of a report and map that discusses feasibility of avalanche and rockfall defense construction and establishes design criteria if construction is feasible; 5. Both the Conundrum Trust properties and the Dale Launer properties are covered in this report. This study also has the following limitations: The analysis and report evaluates current conditions; any substantial changes to the slope or vegetation above the site may invalidate the conclusions and increase avalanche and rockfall potential; In accordance with Pitkin County regulations we have evaluated "100 - year "' avalanches and the maximum foreseeable rockfall events as design cases; exceptionally large and rare events are possible and could exceed the design cases. These limitations must be understood by all those relying on the results, recommendations, and mapping. 2 AVALANCHE AND ROCKFALL TERRAIN The slope above the two properties is shown on Figure 1, a photograph taken on August 9, 2008 from the junction of the Conundrum Creek and Castle Creek Roads. The steep cliff outcropping above the Conundrum Creek Trust and Launer properties consists of fine - grained sandstones of the Maroon Formation. Rockfall is an active process in these cliff bands; boulders up to 3 feet in length regularly detach from the cliff fall and stop on the slope or on the flat valley floor. This can be expected every few years although major rockfalls will be much less frequent. Areas of high rockfall frequency appear as open, reddish talus slopes in Figure 1. Areas of lesser rockfall frequency north and south of these talus slopes support an open conifer forest or brush. 'The "100- year" avalanches is a best estimate based on observations at the site, terrain evaluation and experience with large, rare avalanches in similar terrain throughout western North America. The uncertainty range in specifying this return period lies between 30 and 300 years. UUL067 Figure 1. View from southeast Large boulders (typically 3 feet in length) resulting from rockfall is common on the western side of the properties (Figure 2), however disturbance associated with road building and landscaping has changed positions of boulders on both properties. Consequently, the current locations of boulders are probably not good indicators of rockfall or avalanche runout. The runout limits have been determined by the analytical procedures described in Section 3 and are mapped on Figure 3. Flat areas of the Conundrum Trust and Launer properties, particularly on the west side, are also exposed to small snow avalanches. Avalanches will start primarily below and within the cliff outcrops but will not begin on the less steep upper slopes above the cliffs. Because of the relatively low elevation (8,500 to 9,300 feet) and the rough ground surface, large avalanches will not occur often. A deep, continuous snow cover is necessary to fill in and smooth the rough, boulder- covered terrain. Such snow conditions will probably occur only once a decade, on the average. However avalanches capable of reaching the property and crossing the access road will be even less frequent and may occur only one time each 30 years, on the average. Direct evidence of avalanche (debris and OOUuGL) 2 trees broken and trimmed by avalanches) was not found on flat terrain on the properties. Lack of evidence is typical in areas of infrequent avalanches. However this does not prove that avalanches are not possible. The runout distance and dynamics of the "100- year" of 1 % annual probability' avalanche have been evaluated as described in Section 3. Avalanches of this frequency and magnitude must be evaluated in accordance with Pitkin County land -use regulations. Figure 2. 3 -foot long rockfall boulder near base of steep slope. 3 METHODS USED IN ROCKFALL AND AVALANCHE EVALUATION 3.1 Rockfall Rockfall velocity, runout distance and energy were determined by a combination of on -site observations, slope measurements and computer modeling. The following steps were used in evaluation: 'The "100- year" return period is a best estimate and is correct to the nearest "half order of magnitude;' the true return period is assumed to lie between 30 and 300 years. A more precise estimate of the return period is not possible using the available data and applied analytical procedures. 0OU069 3 3.1.1 — The sizes of rocks used in modeling were determined by direct observations (e.g. Figure 2); 3.1.2 — The positions of rockfall source outcrops were determined by direct field observations (Figure 1); 3.1.3 — Slope inclination and roughness were determined by evaluation of detailed Pitkin County GIS mapping and ground observations and measurements; 3.1.4 — Given the observations and data collected (3.1.1 to 3.1.3), the Colorado Rockfall Simulation Model (CRSP) was used to simulate the stopping position of 3 -foot diameter rockfall boulders. The rockfall stopping positions (downslope limit of the potential hazard) is shown as a black, dotted line on Figure 3. 3.2 Snow Avalanches The runout distance of the design, "100 -year" return period avalanche was determined using the following procedures: 3.2.1 — The profile of the slope below 9,300 feet was determined by evaluation of detailed Pitkin County maps at a scale of 1:2400 (1" = 200') and with 10 foot contour intervals (Figure 3); 3.2.2 — The maximum stopping position or "runout distance" was determined by personal observations and comparisons with the runout distances of major avalanches in similar terrain throughout the Colorado Rocky Mountains and many other similar areas of western North America; 3.2.3 Using the information in 3.2.1 and 3.2.2, the dynamics of avalanches were simulated by applying the Swiss avalanche dynamics model AVAL -1 D, v. 1.3. This enabled the "red" (high - hazard) and "blue" (moderate- hazard zones3 to be defined in term of impact pressure. 4 ROCKFALL AND SNOW AVALANCHE MAP The limits of rockfall and snow avalanches are both on Figure 3, the Pitkin County detailed topographic map. Avalanche red and blue zones (defined in the footnote) appear as red and blue dashed lines; the rockfall area by a black, dotted line. This map shows the larger, southern Conundrum Trust property and the smaller, northern Launer property; both were outlined by Pitkin County as solid red lines. As noted on the map legend, this is a graphical representation, not a legal one. However the pond, "fort," smaller building north of the pond, the access road and Castle Creek are all clearly shown. 3 In Pitkin County the red zone is an area where avalanches have average return periods of 30 years or less or can produce impact pressures on flat surfaces normal to the flow of 600 Ibs /ft' or more; the blue zone is an area where avalanches have return periods of 30 — 100 years and produce pressures of less than 600 Ibs /ft'; building may be permitted in the blue zone if structural mitigation is used to protect buildings and other property. 000070 4 Conund Creek I: • I° . 6 Trust M � 000071 5 The rockfall area is more extensive than the avalanche area. This is true because (1) detached boulders can be large (3 feet long or larger in some cases), (2) an active source area exists, and (3) snow avalanches will be relatively small even during design conditions because of the low elevation and steepness of the upper slope and the flat runout on the properties. 5 MITIGATION OF ROCKFALL AND AVALANCHE Mitigation of rockfall is feasible and has been used at numerous locations throughout the western United States. The most practical form of rockfall mitigation at this particular location is an energy- absorbing fence built parallel to the slope and within 50 — 100 feet of its base. A fence could easily be built on the flat terrain and would reduce the rockfall hazard to roughly 1 % of the current, natural level (i.e., hazard would be virtually eliminated). The rockfall hazard area would stop at the alignment of the fence. Snow avalanche hazard, within the blue zone, could be mitigated through two techniques: a. Construction of an earthen barrier or dam near the base of the slope; or b. Direct protection or reinforcement of buildings in the blue zone. Options "a" and "b" both require specific knowledge about building location, size and shape. If buildings are located in the blue zone, design avalanche dynamics must be computed in order to develop design parameters. Personal experience with avalanche mitigation design at more than 300 sites in North America suggests that design and construction would be feasible at this location. 6 WARRANTY The conclusions and recommendations of this report are site specific and apply only to the properties studied. They would not apply if the slope above the Conundrum Trust and Launer properties were changed significantly through, for example, fire, landslides, or other major slope - failure processes. 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 rockfall and avalanches cannot be perfectly evaluated and predicted, and methods used to predict rockfall and 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. G06J "r2 6 Report prepared by, Cw'�"j I I�g Ck' J Arthur I. Mears, P.E. Avalanche - control engineer b'Du073 DALE LAUNER ACTIVITY ENVELOPE PLAN PARCEL "B"' A PORTION OF H.E.S. NO. 112 TOWNSHIP 10 & 11 SOUTH, RANGE 85 WEST, 67H P.M. PITEIN COUNTY COLORADO / aiDO '� W � W W W W� •Y / CAWltB CBS \ W W i_ff2yW W H J. W W 'V W y W •W� e• ,'yN•d D•OD'[ 500R4.OYW !WW y y W W W W W W W W V W W, W W w / 0 .0 ODE mod Y r W /Y W W w i W _W W W W W W W W W W •Y W W yYgM -� 5 \S � �r /,. {i (//y��yE/].�/ y W W/ W y w y W W W W W •Y W W J y W W / �y /'l����� •I• Fy �W\LM, / M, W S ARA`Y W W i W J W W i M, RE / \��' —�y¢. �'•L W .Y W W W !Y •Y J W SITBQOK p M, W W •Y V V .Y .�p.\D yIMw fi3NdF)PB 3 /' W J•e 1. O.W ACL y Y Y W W \ V� ,1 ��y W ,Op FRW J y W W /• W W y Amw EN'k2APE 1 1& 1 'F PARCEL n 10:213D3540000B Attach. ai oD a® 'Y) LEGEND THENCE TMHMCE THENCE —•h. V = so' THENCE NOTES 1) SENCHMARK . 85I&SY AT COS. NO. 9 H.E.S. N0. 112 Cgl10UR WTERVK 14 TRIO (2) FEET. 2) ROCK FALL UNITS AND AVALANCHE ZONES INTERPOLATED FROM 8108 AVALANCHE AND BOG FALL ANALYSIS MAPPING REPORT PREPARED BY ARTHUR I. MEANS P.E OAM =M ..MR FARM 'A' 282 CONUNDRUM CRMX RD AND RANDS. RANDS. V 20 CONUNDRUM OiFFK 3) RIPARIAN ARW LOCATED FROM "GOING PLACED BY COLORADO VAUDJFE SCIENCE LLC ON 9/2006 M, -r ACTIVYTY F1A4LPPE"4 Tvi 11JW �..� .� ,.._ ..._ (ROW) lL -TL/ - AOnHty Ex \ \ THENCE THENCE THENCE THENCE W THENCE 2) THENCE r 't THENCE qf ACA I \1 OEOESWI \ \ J \\ SOW -PAHCE -w + 0.n. B.BEAOA 'Y) LEGEND THENCE TMHMCE THENCE —•h. •. ..�.._..� i W THENCE _ J W '. •: i J Y O,/�- W ^� N _ . _ THENCE Y i (� Y`� -W..�i y},��Y��' -r✓ W- W W I4\ \ y /' y ® THENCE THENCE ♦ AT Na 9 SA10 H.E.S. ND, 1]2. A STONE MONUMENT W PLACE; Y wENC THENCE TE SFE TI FEET ALONG DE M.E.S. N0, 112: THENCE OCT S E TNENCE / B RED CAP AUG THENCE y WL . P,_,U YEIAOW PLASTIC CAP THENCE M, � — ' � _ AVNAXtl9HC AK J THENCE THENCE AND DI AND 019fANCES: - J -- THENCE M, -r ACTIVYTY F1A4LPPE"4 Tvi 11JW �..� .� ,.._ ..._ (ROW) lL -TL/ - AOnHty Ex \ \ THENCE THENCE THENCE THENCE W THENCE 2) THENCE r 't THENCE qf ACA I \1 OEOESWI \ \ J \\ SOW 0074 �� 51.03 fE 11M FEET: 55.0] FEET. 9A0] FEET: fW 64.93 FEET: 5) PLIINTY ENVELOPE ACT1,TTY ENVELOPE ACTINTY ENVELOPE ACTMTY ENVELOPE OF A COUNTY ROAD ARE SMO PRIVATE NMVE B]9.63 MET, PARCEL t6 LEGAL D®CaPflOTE LEGEND PARCEL 'B,' A TRACT V 1.NN 9NATEO IN N.E.S NC 112. TOMAI 10 AND 11 D(MYN RANOt AS MEET OF THE BM PRINCIPAL MERIDIAN. NWD MORE ALLY DESCRIBED AS FOLLOWS: ® INMATES FOUND NONLVdNT AS DESCRIBED. AT Na 9 SA10 H.E.S. ND, 1]2. A STONE MONUMENT W PLACE; TE SFE TI FEET ALONG DE M.E.S. N0, 112: THENCE OCT S E TNENCE RPC RED CAP AUG ALUMINUM LAP BANK TIEN(£ EAST 222.25 FEET TO A W! THE YFSi BANK OR CASTE CNEOt: EAST N T RE WL . P,_,U YEIAOW PLASTIC CAP EST SCUINEILY ALCIID THE REST SAW OF CASTLE CREEK THE FIXLOMWG COURSES Rr PONFN POLE AND DI AND 019fANCES: BAP G25w0 135DO FEET: EEELTRIC 1N.WffORMFR ® SEPTIC MAIHW.E _ FEET.. S0410WEE SOY30'00'E MOO FEET: FIRE XI1MANi SW]4•W�'W 15].00 FEET: 187 fM FIELIIUC MElfli s 51SW F132D FEET: SOSW'WE 1]2.00 FEET: OOE —p6— OMRREAD UTILITY ME e DECIDUOUS TiF£ wIr02`0Ol 220.00 FEET: S 0100 FEET. �.�, FENCE LINE EVERGREEN TREE MQICS DEPARTING FROM BMIK NSA'S9'SB W Gi.N FEET: THENCE DE TIENCE NISTS'tI W 29N. o FE T, PEST: ® S :RwC MANI © pRCVANE LANII 3.2 TNME HD4WW'W ]3].20 FEET; THENCE MWYfYW W 23.18 FEET TO A POINT ON ME B -B G SAID H.E.S. H0. 112: MINCE N2096YB'E 128.21 FEET ALONG SAID LINE S-B TO THE PONT OF BEGINNING. IFI i! I � - RIPARIAN AREAS 0074 �� 51.03 fE 11M FEET: 55.0] FEET. 9A0] FEET: fW 64.93 FEET: 5) PLIINTY ENVELOPE ACT1,TTY ENVELOPE ACTINTY ENVELOPE ACTMTY ENVELOPE OF A COUNTY ROAD ARE SMO PRIVATE NMVE B]9.63 MET, PARCEL t6 PO Box 2844 Glenwood Spring; CO 81602 Ph 970-618.5033 Fax 303- 27627% May 14, 2009 Davis Horn, Inc. C /O: Glenn Horn 215 S. Monarch Street, Suite 104 Aspen, CO 81611 Onsite Wastewater Treatment System Feasibility Letter Dale Launer Parcel B, Conundrum Creek Road Pitkin County, Colorado Glenn, Attachment , ALL SERVICE septic, LLC has made a site visit to the subject property to determine the feasibility of constructing an onsite wastewater treatment system (OWTS) to serve an approximate 6- bedroom residence having up to 10,750 SF at the subject property. As we understand the existing structure will be replaced. A 6- bedroom residence having 10,750 SF would require an OWTS to be constructed southwest of the existing structure, and in the southwest corner of the parcel. A setback distance of 164 feet must be maintained from the onsite well to the proposed OWTS drain field. Based on our experience in the area, and soil testing from neighboring properties, the approximate dimensions for a drain field that may serve a 6 bedroom residence would be 40 feet by 60 feet. Precise dimensions will be provided during site plan review. A permit is required from Pitkin County Department of Health prior to any OWTS construction. Please call with questions. Sincerely, ALL SERV ptic, LLC Timothy R. Petz UOt;'di5 III CIA P4 Box 2844 Glenwood Springs, CO8 +562 Ph976.61 8-5633 Fax 363 -215 -27% 1.1a 18"' 10Uv ?kati i, Horn, Inc. ilenn Iforn ! 5 S. Vonarch `itrect. Suitc 104 \: pct;, CO M01 I Onsite WasietGt3rer 1 reaurent System Feasibility Letter Dale l.auner Parcel A, C'onundrunl Creel: Road Pitkin Counn. Colorado :ilenn. \Ll. 4LRVIC:E septic. 11C has made a site visit to the subject property to determine the feasibility t f constructing an onsite wastewater treatment s} stem (QWTS) to serge a 4 to 5- bedroom residence at the subject propene. A.; \ \c undcrstand the cNistine structure may be replaced with a single - fancily residence hating a naa:,hnurn floor area of 575051 and 4 to 5 bedrooms. Due to current setbacks to existing onsite iauds and riparian areas, a ,.l to bedroom residence would require an ow,r5 to be constructed in the soutlnwe t corner of Parcel 13. and X\ould rcclnire an easement. 3a;e_I un o,tr etpericnca in the area, and soil tcjting from neighboring properties, the approximate uinuu, ions for a drain licks that may serve a 4 to 5 bedroom residence would be 30 feet by 60 feet. Precise dinccnsions,.vill be prosidcd during site plan renew. l permit is required from Pitku3 £'ounry Department o f f lealth prior to any OWTS construction. Please call ttith questions. Sntccrcl Y. ti.l. Sr.RVIC - Lcptic. LLC' f Tincot}1y R. Petz : -+ bib. f 6 At h e n t °i �t✓� 1�� PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: 12/23/08 PHONE: (970) 920 -5093 E -MAIL: suzannew(a)co.pitkin.co.us LOCATION: 245 Conundrum Road PID# 273535400006 ZONE /SIZE: AR- 10/1.25 ac APPLICANT: Conundrum Trust now Called Dale Launer REPRESENTATIVE: Glenn Horn EMAIL: ghorn @rof.net Type of Application: Activity Envelope Review and Special Review for TDRs Description of Project/Development: There is an existing single family residence on the property; the Applicant proposes to establish an activity envelope to accommodate replacement of the residence. The Applicant is also requesting approval to utilize TDRs for additional floor area. • 2- 30- 20(g)(2): Activity Envelope Criteria for Approval; • 2- 30- 30(h): Special Review Criteria for TDR Receiver Site; • 6- 30- 50(b)(2): GMQS exemption for Additional Floor Area using TDRs • 6 -30 -100: GMQS Exemption for Replacement • 7- 10 -50: Activity Envelope; • 7- 20 -10: Site Preparation and Grading; • 7- 20 -20: Steep and Potentially Unstable Slopes; • 7- 20 -30: Water Courses and Drainage; • 7 -20 -40 Floodplain Hazards • 7- 20 -50: Avalanche and Rockfall Hazard Areas • 7- 20 -60: Wildfire Hazard — Mapped Low Wildfire Hazard Area; • 7- 20 -70: Wildlife Habitat: Adjacent to mapped elk winter range • 7- 20 -80: River and Stream Corridors Staff will refer the application to the following agencies: Maroon /Castle Caucus, Aspen Fire District, Planning Engineer, EH /NR and CDOW Review by: Hearing Officer Public Hearing: YES. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners at least 30 prior to the hearing with the return address of the Community Development Department (copy of the 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. FEES: $4,863 (make check payable to " Pitkin County Treasurer ") • Planning Office flat fee: $3,743 (non - refundable; based on 15 hours of staff time. If staff review time exceeds 18 hours, the Applicant will be charged for additional time above 15 hours at a rate of $249 /hour) • Planning Engineer: $499 • EH /NR: $542 • Public Notice: $54 • Web Technology Fee: $25 60V0 77 To apply, submit 7 copies 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" by 17" Activity Envelope Plan as designated in Section 2.1.1 of the Pitkin County Land Use Application Manual 3. Avalanche and rockfall report from a certified expert 4. Documentation that parcel was legally created and has a development right exempt from Growth Management as identified in section 1.3 of the Pitkin County Land Use Application Manual; 5. Proof of non - merger 6. Parcel description, including legal description and vicinity map 7. Total fee for review of the application 8. Signed fee agreement (1 copy) 9. Consent from owner(s) to process application and authorizing the representative (1 copy) 10. List of all adjacent property owners and mineral estate owners (1 copy) 11. Copies of this pre -app form NOTES: ➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED. ➢ This pre- application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY ") and _ (hereinafter "APPLICANT ") AGREE AS FOLLOWS: APPLICANT has submitted to COUNTY an application for (hereinafter, the "PROJECT "). 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 the 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 ") By: Cindy Houben Community Development Director Print Name and Title (if applicable) Date: Mailing Address: Attachment PIT ,IN COUNTY CONCVRMTY DEVELOPNvIENT Date: January 21, 2008 Re: Parcel # 2735- 354 -00 -006 Owner: Rocky Mt Equity In Reference To: Address Correction To Whom It May Concern: This letter is to document that an address correction has been made on the above parcel. The property was changed from "0190 Conundrum Creek Rd" to the current address of "0245 Conundrum Rd." This parcel shape is the same as the other address. Sandy Boteilho Pitkin County Community Development (970) 920 -5527 ODU080 -Z -4 NY Ak Rot Qrrfif tratr of ASPEN*PITKIN REGIONAL BUILDING DEPARThAE'NT' . it This Certificate issued pursuant to the requirements of Section 306 of the 1976 Edition of the Uniform Building Code. It certifies that at the date Of issuance, thestructureas described below was in compliance with the various resoliitions and ordinances regulating building construction and use in this jurisdiction. Use Classification Deck Bldg Permit 12568 Legal Description Building Address 0190 Conumdrum Creek Road Owner of Building Titine Potthardst Owner Address P.O. Box 5375, Snowmass Village, CO 81615 Group — M-1 Type Construction V-N Use Zone Description: Addition of a 240 sq. ft. Deck. Comments & Restrictions: Date November 2, 1988 Building tcial Note: Any alteration or use change of these described premises or portion thereof without the written approval of the Building 0frjciaF shad -negate --this C.O. and subject 'it'to revocation. A, POST IN A CONSPICOUS PLACE i N � d O N a� z° E d CL m Vd G O U W C O V m U m w w N h O U ,J C U O O Q J U 3 c h � O 0 O m U q � N O Ra y u o O U (y U � O Ln wens I� ED w U rs ui h wa � O . f s A. � � S _ w O h +a U ED x N y OJ y y � U � c 006082 Fr o U i N � d O N a� z° E d CL m Vd G O U W C O V m U m w w N h O U ,J C U O O Q J U 3 c W 0 O m U N m rl r-t ti O y Sri �T u m w J O J u 6 0 2 V Z N a Attachment 11 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: September 12, 2008 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy- (6/17/06) Proposed Insured: PROFORMA (b) ALTA Loan Policy- (6/17/06) Proposed Insured: (c) ALTA Loan Policy- (6/17/06) Proposed Insured: Case No.PCT22240L Amount$ 0.00 Premium$ 0.00 Rate: Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: DALE LAUNER 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO 81611 970 - 925 -1766 Phone /970- 925 -6527 Fax 877- 217 -3158 Toll Free AUTHORIZED AGENT Countersigned: bfjuJ83 Schedule A -PGA This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: That portion of H.E.S. No. 112 situated in Townships 10 and 11, South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, described as follows: Beginning at a corner No. 10 of said H.E.S. No. 112; thence South 4 °13' West 353.46 feet along said H.E.S. No. 112 line to a point on line between corners No. 10 and 9; thence East 227.25 feet to the West bank of Castle Creek; thence North 23 °03' West 197.23 feet along the West bank of Castle Creek; thence North 3 004'30" West 170.30 feet along West bank of Castle Creek to a point on the line between comers 10 and 11 of said H.E.S. No. 112; thence North 89 °32' West 114.90 feet along the line between comers No. 10 and 11 of said H.E.S. No. 112 to corner No. 10, The Point of Beginning. PARCEL B: ACCESS EASEMENT: Beginning at a point being at the intersection of a county road and said private roadway whence Comer 1 of H.E.S. 112 bears North 20 °21' East 939.63 feet; thence North 47 °52' West 49.03 feet; thence North 28 034'30" West 77.70 feet; thence North 11'35'40" West 51.03 thence North 07 °25' West 74.00 feet; thence North 04 046' East 104.98 feet; thence North 06 °34'30" West 62.28 feet; thence North 18 °03'40" West 24.82 feet; thence North 11 °50' West 100.00 feet; thence North 26 023' East 57.61 feet; thence North 00 °03'40" East 67.01 feet; thence North 01 °31' West 55.00 feet; thence North 20 051' West 94.00 feet; thence North 33 023'20" West 64.92 feet; thence North 05 °20' West 95.86 feet; thence North 13 °47' West 39.44 feet; thence North 16 °24' West 80.45 feet; thence North 29 °18' West 72.54 feet; thence North 12 036'40" West 39.50 feet; thence North 08 031'41" East 87.12 feet; thence North 28 004'30" East 48.38 feet; thence North 16 °55' East 36.24 feet; thence North 20 034'30" West 27.83 feet; thence North 09 °48' West 35.94 feet; thence North 19 °14' East 30.00 feet; thence North 28 °03'40" East 88.00 feet; thence North 06010'East 50.33 feet; thence North 04 °34'30" East 140.05 feet; more or less, to the South line of that parcel described in Book 242 at Page 926, Pitkin County records. uJuU84 SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND /OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. GOO.385 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded September 6, 1922 in Book 159 at Page 142. 8. Right of way for road purposes as set forth in instrument recorded January 4, 1967 in Book 225 at Page 87. 9. Any question, dispute or adverse claim as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alteration through accretion, relict ion, erosion or avulsion of the center thread, bank, channel or flow of waters in the Castle Creek River lying within subject land; and any question as to the location of such center thread, bed, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands. NOTE: There are no documents in the land records of the Office of the Clerk and Recorder of Pitkin County, Colorado accurately locating past or present location(s) of the center thread, bank, bed, or channel of the above River or indicating any alterations of the same as from time to time may have occurred. AND Any rights, interest or easements in favor of the riparian owners, the State of Colorado, The United States of America, or the general public, which exist, have existed, or are claimed to exist in and over the waters and present and past bed and banks of the Castle Creek River. 10. Deed of Trust from To the Public Trust. For the use of Original Amount Dated Recorded Reception No. uuu-386 : DALE LAUNER ae of the County of Pitkin BT PRIVATE CLIENTS CORP $ 305,000.00 November 14, 1997 November 20, 1997 410884 (Continued) 11. Deed of Trust from To the Public Trust For the use of Original Amount Dated Recorded Reception No. SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) : DALE LAUNER :e of the County of Pitkin VECTRA BANK COLORADO, N.A $ 308,000.00 January 21, 2000 January 28, 2000 :439920 The beneficial interest of the above Deed of Trust was assigned to CALIFORNIA BANK AND TRUST by instrument recorded January 28, 2000 as Reception No. 439921. 0 L'Ji)I Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. 0JU088 PITKIN COUNTY (hereinafter "COUNTY ") and (hereinafter "APPLICANT ") AGREE AS POLLC Attachment L CL U k\e. / ,Z P1, APPLICANT has submitted C to COUNTY an application for % 1 —(hereinafter, the "PROJECT) �— 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 018.2004 establishes a fee structure for land use applications and the payment of all processing f a is based on es is a condition precedent to a determination of application completeness. The fee structure the COUNTY'S policy that development shell pay, in full, the cost of deveioprnent review in the 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 appl!earon 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 it 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 10 decision. B. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full foes prior to a determination of applicatio fee in the amount of $ mpleteness, APPLICANT shatl pay a base ,t which is based on t1hhours 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 'A c-t l e-- Lr u i1 ( "APPLICANT ")��` Cindy Houben "57 II Community Development Director a� `,e LaL uL her Print Name and Title (if applicable) Date: t3 I t "'t ( 0-1 Mailing Address: 3 � � a �( e- 0 r. . . La 001 Attachment 13 DALE LAUNER 639 ADELAIDE DRIVE SANTA MONICA, CA 90402 310 458 9399 May 18, 2009 Suzanne Wolff AICP Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Dale Launer Parcels A and B Land Use Applications Dear Suzanne: 1 own Dale Launer Parcels A and B, This letter authorizes Davis Horn Incorporated to prepare and submit land use applications for Parcels A and B. Additionally, this letter authorizes access to Parcel A across Parcel B. I arm proposing to locate the Parcel A septic system on Parcel B. Upon approval of the land use applications I wit' grant the legal easements for access and the septic system. Please call me if you have any questions. Thanks. Sincerely, DALE LAUNER 00600 CARVELLI PETER PO BOX 2377 ASPEN, CO 81612 R003515 ASPENKARMA LLC C/O MILLARDI ZIMET 604 W MAIN ST ASPEN, CO 81611 R003666 CONUNDRUM TRUST 639 ADELAIDE DR SANTA MONICA, CA 90402 R009021 bou19i MATHYS MARC KATZ MICHAEL D & ANN 0 PO BOX 4565 3584 ST GAUDENS RD ASPEN, CO 81612 MIAMI, FL 33133 R003522 R003571 LAUNER DALE HOFFMAN MICHAEL D 639 ADELAIDE DR 939 MALLARD PT SANTA MONICA, CA 90402 JUPITER, FL 33458 R003742 R004003 Attachment l RECEPTION #: 572531, 08/11/2010 at 02:23:18 PM, 1 OF 8. R 50.00 Doc Code DETERMINATION Janice K. Vos Caudiil. Pitkin County, CO DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE DALE LAUNER PARCEL B ACTIVITY ENVELOPE, AND SPECIAL REVIEW AND GMQS EXEMPTION FOR TDR RECEIVER SITE Determination No &_2009 —a- RECITALS 1) Dale Launer (hereafter "Applicant ") has applied to the Pitkin County Hearing Officer (hereafter "Hearing Officer ") to establish an Activity Envelope to replace the existing single - family residence (Activity Envelope 1), an Activity Envelope for the on -site wastewater treatment system ( "OWTS ") to 0 serve Parcel B and the adjacent Parcel A (Activity Envelope 2); and an Activity Envelope to --r accommodate riparian restoration within the 100' stream setback in a previously disturbed area (Activity Envelope 3). The Applicant is also requesting special review approval and GMQS exemption to utilize 0 up to two TDRs to develop up to 10,750 square feet of floor area. O 2) The property is located at 245 Conundrum Road, and is more specifically described in Exhibit A. LV 3) The parcel contains 6.9 acres and is a nonconforming size parcel in the AR -10 zone district. tj 4) The parcel was created prior to June 12, 1978 and has not merged with any adjacent parcels; therefore, the parcel is exempt from Growth Management up to 5,750 square feet, pursuant to Land Use Code ("Code ") Sec, 6- 30- 100(a). 5) The existing house was built in 1982. 1041 approval was granted by the Planning Director in 1990 for an addition; the 1041 site plan was recorded in Plat Book 25 at Page 37. 6) The Hearing Officer heard this application at duly noticed public hearings on August 18 and September 1, 2009, at which time evidence and testimony were presented with respect to this application. 7) The Hearing Officer finds that the request complies with the applicable provisions of the Land Use Code ( "Code "), as follows: A) The Activity Envelopes are located on slopes of less than 30% and the low to medium wildfire hazard can be mitigated. B) Activity Envelopes I and 3 avoid the red and blue avalanche hazard zones. Activity Envelope 2 avoids the red avalanche hazard zone, but is within the blue avalanche hazard zone. The Code permits development within the blue zone area if development outside of the blue zone "will result in significant incursions into or impacts on Constrained Areas." Any other location would place the OWTS within the riparian area, and, therefore, would impact other constrained areas. Mitigation is not necessary since the only development within Activity Envelope 2 will be the OWTS. C) Activity Envelopes I and 3 avoid the rockfall hazard area. Activity Envelope 2 is within the rockfall hazard area; while the Code prohibits development within rockfall hazard areas, it is staffs opinion that Activity Envelope 2 can be approved as long as it is used only for the OWTS. uuu092 RECEPTION #: 579060, 0 411 212 01 1 at 02:30:44 PM, 1 oP 8, R $0.00 Doc Code DETERMINATION Determination No. OV- -2009 Page 2 D) The activity envelopes are 20 horizontal or 5 vertical feet, whichever is greater, from the high water line of the creek E) Activity Envelopes 1 and 2 are a minimum of 100' from the high water line of Castle Creek. Activity Envelope 3 is within the 100' setback, but only restoration is proposed in this area, which is permitted pursuant to Sec. 7- 20- 80(b). The small riparian area to the west of the driveway that is outside of the 100' setback may be included within Activity Envelope 1, subject to restoration of an equal area of riparian vegetation in Activity Envelope 3 to compensate. F) The use of two TDRs on the site is compatible with the character of the surrounding area, given that the site is densely vegetated and is not visible from the surrounding properties or Castle Creek Road, NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Launer Parcel B Activity Envelope, and Special Review and GMQS Exemption forTDR Receiver Site, 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 current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2) Prior to submission of any building or other development permit applications, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2 -30 -20 and 7- 10 -50 of the Code. The Site Plan Review application shall address the following, in addition to the other requirements specified above: A) Demonstrate compliance with the standards in Sec. 7- 20 -120.d for development within the Scenic View Protection Area and the rural character guidelines for building location in Sec. 7- 20 -120.e of the Code. B) Demonstrate that the site can accommodate an on -site wastewater treatment system (OWTS) that complies with the then current OWTS regulations. C) Submit a landscaping and tree removal/mitigation plan. An arborist shall address how remaining trees will be protected from impacts associated with the construction. D) Submit a riparian restoration plan for Activity Envelope 3. E) Submit a wildfire mitigation plan from a certified wildfire expert which addresses the desire to preserve as many trees as possible to continue to provide screening while providing adequate wildfire mitigation. 3) Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for approval by the County Attorney and Community Development Director an Activity Envelope Plan in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization and recordation. The Plan shall be amended to eliminate a small area in the southeast comer of Activity Envelope 2, which is within the red avalanche hazard zone, and shall include the footprint of the existing structure. 4) The new residence shall be generally sited within the footprint of the existing structure to minimize the removal of trees that provide screening of the structure. The residence may be sited outside of the footprint of the existing structure, if the Applicant demonstrates during the Site Plan Review process that tree removal in the proposed location will be minimal and will have a negligible impact on the visibility of the residence. 60Uj93 Determination No. 01- -2009 Page 3 5) The parcel is exempt from Growth Management for up to 5,750 square feet of floor area. At building permit application for the new development, the Applicant shall surrender two TDR Certificates and a copy of the deed(s) evidencing the Applicant's acquisition of the Certificates (if applicable), in order to develop in excess of 5,750 and up to 10,750 square feet of floor area. 6) Priorto issuance of a building permit application to replace the residence, the Applicant shall: A) Provide proof of an adequate water supply (in terns of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. B) Complete a fireplace /woodstove registration form with the Community Development Department, if necessary. C) Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If site disturbance exceeds one (1) acre, the Applicant shall obtain a stormwater permit from the State of Colorado. D) Submit a construction management plan for review and approval by the Planning Engineer. E) Pay the applicable road and employee housing impact fees. F) Obtain a permit from Environmental Health and Natural Resources to construct a new on -site wastewater disposal system. G) Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall specify the native seed mix to be used, the rate at which it will be applied and the method of cover. H) Submit a landscaping and tree removal /mitigation plan and a riparian restoration plan for Activity Envelope 3. I) Apply for and obtain any necessary Army Corps permits. 7) Prior to issuance of a Certificate of Occupancy for the new residence, the existing on -site wastewater disposal system shall be properly abandoned. 8) Areas disturbed by construction shall be re- vegetated within one growing season of the project's completion. 9) The Applicant shall comply with the following standards for Development in a Low to Medium Wildfire Hazard Area, unless varied based on recommendations made by a certified wildfire expert as part of the Site Plan Review. 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 - omamental vegetation shall be removed within a minimum ten -foot (10') perimeter around all structures. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). UUL094 Determination No, 3009 Page 4 3) Spacing between clumps of brush and vegetation up to 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 equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 5) Tree crown separation within the thirty (30) foot perimeters shall have a minimum often (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 regeneration, understory shrubs and down and dead materials shall be removed. 6) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 7) 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. 8) All deadfall up to a one hundred (100) foot perimeter shall be removed. 9) No new conifer trees shall be planted within ten (10) feet of a residence. 10) No flammable mulches shall be placed within two (2) feet of a residence. B) Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building Code. No wood shakes or shingles. 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. 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 Marshall prior to submittal of a building permit application. C) Water Supply for Fire Safety 1. 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 lot shall have a minimum 20,000 gallon water storage tank (or alternative approved by the Fire District). 2. In -house sprinkler systems that meet the standards of the AFPD and the adopted Building Code shall be installed in all new buildings. D) Maintenance and Miscellaneous Requirements 1. Roofs and gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one -fourth ('/<) inch maximum. uUL05 Determination No. u-L'2009 Page 5 3. Any outbuilding shall adhere to the same wildfire requirements. 4. Yards shall be kept clear of all litter, slash and flammable debris. 5. All flammable materials shall be stored indoors or on a parallel contour a minimum of fifteen (15) feet away from any structure. 6. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 7. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8. Swimming pools and ponds shall be accessible by the local fire district. 9. Fences shall be kept clear of brush and debris. 10. Wood fences shall not connect to other structures. 11. Fuel tanks shall be installed underground with an approved container. 12. 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. 13. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 14. 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. 10) The Applicant shall comply with the following conditions regarding wildlife: A) Dogs shall be kept indoors or, when outdoors, kenneled within 50' of the residence or leashed under human supervision when outside of the kennel. B) Manipulation of vegetation outside of the Activity Envelopes is prohibited, other than as necessary for weed management or wildfire mitigation, Landscaping shalt be limited to the designated Activity Envelopes. C) New fences shall comply with the following: 1. Mesh or woven wire fences are prohibited. 2. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty -four (54) inches in'height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. 3. Wire fencing must be three (3) strands or less. The top wire should be a twelve- point -five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (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. D) Fruit bearing trees and shrubs shall be prohibited within the Activity Envelopes. E) With reasonable notice to the property owner, access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife, except in case of a wildlife emergency. F) Trash/garbage shall be kept in an approved bear resistant container or enclosure, including during construction. G) Pets shall not be fed outside. Bird feeders shall be avoided from April through November, Lever style door handles shall be avoided on the exterior of the house. Composting shall be limited to yard waste. H) Contractors shall be prohibited from bringing dogs on -site during construction. Determination No. a12009 Page 6 1 1) 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. 12) 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. 13) No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, 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 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. 14) 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. 15) Prior to issuance of a building permit for the new residence, the Applicant shall submit a demolition permit to remove the unpermitted cabin that is located within the 100' setback from Castle Creek. Demolition of the cabin shall be completed and the site restored and revegetated, prior to issuance of a Certificate of Occupancy for the residence. 16) The dock on the pond may remain within the 100' setback from Castle Creek, but shall not be expanded or improved. If the dock is removed, it may only be replaced outside of the 100' setback. 17) 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 September 1, 2012. 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. U0('097 Determination No. (L! 3009 Page 7 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 28'i day of June, 2009. APPROVED AND ADOPTED this 1" day of September, 2009, PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the j[ day of �, 2009. ATTEST: Bonnie Waechtler, Administrative Assistant COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITK[N COUNTY, COLORADO By - - - J es R am. True, Hearing Officer Date IP APPROVED AS TO FORM: APPROVED AS TO CONTENT: S, �l John Ely, Cindy Houben, County Attomm �� Community Development Director P051- 09:PID#273535400006 UOi;a93 �aa 11� LiR•R I l uJVJ99 'Z_-73 r 3 Jti-I o"_l 00-2-� 1 L I r Eil,R 5A4 Ena 7'3 r_ y 41 o v. nobs n ._ O'clbd •- -- s < m nN - W c+ m .n�r� aanlEer DUD r° ' T"A LLbv, n.-n rhlu /(pJ -Xry• vC .aNar. VA., brtvern Robert +' Prnsn :Lvn tort[erl 'Luxor ^I •n,! oelr L nor. :Sr raawfTer 'Lt Htr. •; u1TNL.:CTN, can: ib• Crrear for ml !n eC,sle.... ton of th, sJr Di Ten anllao aM aibrl Lebd aM vahabM aunclJ+r+Ilbn LO L }•c CTanTer Ln -end pclC ha cic Gt anl, n, the r "cr tTr n,+d auf ElrS+ncy r4 rbi<h La h•rvhy aoYndv t•dR•d'bar3 In g[.In:re, 04:6-:-.4, vld •Se r -.Y•a •rJ Dv rS•+• yrccantn Jena [[ ++rt. E+ >vll, ro.l. ud cvnLl•n, unwrc.• er•nso 1•J• Mln, cuanarar: an4 aaa ip'a lan:v[, vll Lt., Ter.: pwµcry, ••trrD rr •. [h !rmrnaeernta. a -nY none YCbH, n: Tl¢L L,Sic lcl JL 11 C 5 S71 rva'�wn'�al L:kfn Lunpi fnlu Ldr1 d•aerpb•n va Da L'•ac el LUn nrh L[In:t p•1 '• �- isp,i.•.T•t Pe At ." co3. ec 7i] 6 rt 6 fa NWn g ..Ld Xn.Q 1:7 Ill. f♦ To a w r.n ISrr or:••er. earn•.. NO -o c" aM T yr fnCYl' Cia3 :i: %': LRI [e con c••c D• +• vt ..ne4lr Llee }: 11 a; [hanee vnr:h 21' Ol' W +e C5T.7s Leer -tn+R :h•e b +n0 aI PV Yrnh. 1 c1.,nar NXch 2' :'+'10' ^ "•: 170 30 [n• •i•w•E vsr Envh of cvnCw ♦ CraD'a •0 a nn,n% ou IN ltne %".I+ corm:. ll nrX 11 n! .r!X v t S .4` NO it- L e nirn cte ura halloo: car n•,+ citnrre Knrch fie• T7' WeaL -l+ 5: r° Ina Cotnr nt 5•atnn:ns ge. In and 11 Of aald II E 5 No 117. []] -T1[fP alcl n am ri:•fv lnr V,e },vx mH Cmeexa an0 nd0•r[vn•n.ae :hvr.ra br_mn[ur, a: rn anyc:r• app •Otnlr},. •sna :M1e Le ve tSilln +nd 'ever 1. em +.al.r -Na r ^r. +tndxr, :ens. ..lees and T[nf L•x chnrae[, •ne "1 111 en n4tn+ rIR••• -• cieir. Orates: rla•r wnd aca5nl Si>[Seivr! ar tFe QrPr.nr, aidlat . or en••t: >. o!, it u.a [- rhr x]avr Dal Rabwd [nnx•> '•l:r. •Ar nrce M1t enacrr ruJ rnvu muneer T• !Utb M19 It •'Y.P :I. ""ides .m:vv bartn.•gv rJ .Ir•,.Call v:d rhr f T••. Leu,mcev, +n.:s me 1a.nee• 'rs he:ra, S::rrnai[S "no uest[,*o LO'rver one Amanf h'v rnir a, au r•ua:x ar' nuL lF.n: CC" lavoSPna. b •:n•. -L. trans:, •rr1• -. •._r Coo n. " 6NCCe I •6••v r •-J vrcr -tn Lrnv:•. It srnr: r 0 hti hl [ =, 'n va,l L,t a• :M -J•• +4 •r• ••+an•'t +D an/ X•1 n•e[y nr 1118ar P,: MPrn In i „r3 u I:r• It +ne >rr,.. ., .-m.• w rur ,: Dar P',oJ� •, ,:r. Pe:: ^'L. aD•e:. 1• r te4.Ilr •, u[ . -h•..c m• -.:rs+ nv la .e• +trl le, nnR ra:v R: =s .- syP.r. .I pn>.•- u.A Irf r; ,• ., c rrnu harga in ar 1. anG -unr^ :vsT P: �- ,vu, •r.J is , au•• rn fare r. rill [ hmr il' . -un 11... earl: +;a's +•. n. arcmht v ^w - and vllr �l +G:ar- +vr.- .. +.+.. •.. , r � C)':I'9 a- r .r ,.nrra r.l •n...•. i rtn • r +., n• . t r 7 [ 4 4 +t M I 7� RECEPTION#: 595155, 12/21/2012 at 11:08:39 AM, 1 OF 4, R $0.00 Janice K. Vos Caudill, Patkin County, CO y Alk ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, GRANTING A SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT BETWEEN JAMES D. STRINGER TRUST AND DALE LAUNER Administrative Decision NOZI-2012 RECITALS 1. James D. Stringer Trust and Dale Lauver ( "Applicants ") have applied to the Community Development Director ( "Director") to transfer 0.276 acre from the Launer parcel to the Stringer parcel. 2. The parcels are located at 243 and 245 Conundrum Road, and are more specifically described in Exhibit A (Stringer) and Exhibit B ( Launer). 3. The parcels contain 2.205 acres and 6.912 acres, respectively, and are nonconforming sin parcels in the AR -10 zone district. 4. The residence on the Launer parcel was built in 1982. 1041 hazard review approval was granted in 1990 for an addition; the 1041 site plan was recorded in Plat Book 25 at Page 37. The Hearing Officer granted approval of an Activity Envelope and Special Review /GMQS Exemption for the use of two TDRs for additional Boor area, pursuant to Determination No. 04 -2009; the Activity Envelope Plan was recorded in Plat Book 97 at Page 78. No action has been taken to date on this approval. 5. The Hearing Officer granted 1041 hazard review approval for a replacement residence on what is now the Stringer parcel, pursuant to Determination No. 36 -2005; the 1041 site plan was recorded in Plat Book 78 at Pages 8 -9. The house was built in 2008. The Hearing Officer subsequently granted approval of a Site Plan for an addition and garage, and Special Review /GMQS Exemption for the use of one TDR for additional Boor area, pursuant to Determination No. 06 -2012; the Site Plan was recorded in Plat Book 100 at Page 96. 6. The area to be transferred from the Launer parcel to the Stringer parcel is adjacent to Castle Creek and is a riparian area within the 100' setback from the creek. This area is not within the Activity Envelope on the Launer parcel and is not proposed to be included within the Activity Envelope on the Stringer Parcel. 7. The Director finds that the lot line adjustment request is consistent with the applicable requirements of Sec. 2- 30- 20(g)(4) of the Land Use Code: it will not create an additional parcel, increase Flour area for either of the parcels, or create a parcel substantially different in sin for development or resale purposes; and the parcels will remain nonconforming as to size. APPROVED by the Director, subject to the following conditions: I. Within 90 days of the date of this approval and prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a lot line adjustment plat. The above referenced approval shall be a condition precedent to finalization and recordation of the plat. The mylar copy of the plat most be signed by the owners prior to submittal for recording. boo 00 RECEPTION#: 595155, 1212112012 at 11:08:39 AM, 2 OF 4, Janice K. Voe Caudill, Pitkin County, CO Administrative Decision Aro.K3-2012 Page 2 2. The Applicant shall adhere to all materiel representations made in the application. APPROVED by the Director, this 20 day ofd Ce,, • 2012• Cindy Houben, Community Development Director Pl11 -12 PID 9291102100003 & 273535400006 o Lj U .01 RECEPTION#: 595155, 12/21/2012 at 11:08:39 AM, 3 OF 4, Janice X. Vos Caudill, Pitkin County, CO Pitkin County Community Development November 30, 2012 Page 4 Exhibit A Legal Description of Property to be Transferred to Stringer Property A tract of land being a portion of that property described in the document recorded as Reception No. 318412 of the Pitkin County Records; said tract of land situated in H.E.S. No. 112, Section 2, Township 11 South, Range 85 West of the 6' Principal Meridian, being more fully described as follows: Commencing at Corner No. 9 of said H.E.S. No. 112, a 1986 BLM 3.25" aluminum cap; thence South 20'56'16" West 128.71 feet along line 8-9 of said H.E.S. No. 112; thence leaving said line 8 -9 of said H.E.S. No. 112 South 04'20'00" East 23.19 feet; thence North 84'53'00" East 333.29 feet; thence South 15'05'11" East 214.00 feet to the true point of beginning; thence continuing South 15'05'11" East 85.10 feet; thence South 54'55'58" East 87.54 feet to a point on the West bank of Castle Creek; thence North 19'02'00" East 83.00 feet along said West bank; thence continuing along said West bank North 17'00'00" West 83.64 feet; thence departing from said West bank South 74'54'49' West 99.85 feet to the true point of beginning, containing 12,033 square feet or 0.276 acres more or less. County of Pitkin State of Colorado 000004 Ui1uy02 RECEPTION#: 595155, 12/21/2012 at 11:08:39 AM, 4 OF 4, Janice K. Vora Caudill, Pitkin County, CO Pitkin County Community Development November 30, 2012 Page 5 Exhibit B Legal Description of Launer Property A tract of land situated in H.E.S. No. 112, Township 10 and 11 South, Range 85 West of the 6th Principal Meridian, being more fully described as follows: Beginning at Comer No. 9 of said H.E.S. No. 112, a stone monument in place; thence North 04 °13'00" East 649.74 feet along 9 -10 of said H.E.S. No. 112; thence East 227.25 feet to a point on the West bank of Castle Creek; thence Southerly along the West bank of Castle Creek the fallowing courses and distances: South 23 030'00" East 135.00 feet; South 15 °00'00" East 150.00 feet; South 04 °30'00" East 80.00 feet; South 00°24'00" West 187.00 feet; South 15 000'00" East 150.00 feet; South 05 °00'00" West 132.00 feet; South 17 °00'00" East 220.00 feet; South 19 002'00" West 83.00 feet; thence departing from said West bank North 54°55'58" West 87.54 feet; thence North 15 °05'11" West 229.10 feet; thence South 84°53'00" West 333.29 feet; thence North 04 °20'00" West 23.19 feet to a point on line 8 -9 of said H.E.S. No. 112; thence North 2W56' 16" East 128.71 feel along said line 8 -9 To The Point Of Beginning COUNTY OF PITKIN, STATE OF COLORADO. 0245 Conundrum Road, Aspen, Colorado 81611 =�111110 u0u�03 TRRwx N,.M, W M- MD, —UAMR .npM r�oww WA .m1 oa O'SMCRl rMlau11F .IXMMwuwS'. ou[nlewu.MwWS .0 i�u,w FlxiRen.0 MlRewMpllNp MOMwUY rauwYUNtux Y2�UXURYp s0 nemnm' xo. MM vm11X1Ne Wu:mUUUnx E4 W.MT awml,., wl 4 lwl:ro,nle,u,X.X�M,P.L:.,.lou,L .IrPn mxm, mwA.Fw. I.wM Pummwl. pMMi.w M w:mw3: weMUerw wpN urw: �iiir.".iaxoiloelu°Tx`euv 'mixTMioli'u"o.6o::.w`o`soumw nx &DATFIRT.. ITM'¢M¢w Mx vJx u•n'orwRVln MrTONI[MOM.wxmn W C NT,.. AnRmvMm .RAMS. JARA°W' N`MASp....US- DWAlDMA.WAME RMMNML(_(.1S.. SUAT MRSAFT WOMRwEIARMR MFmO MRsEL• p�p. ----- UANI I mIJXM1yJ�)�J_I PRY�ASWME SAME. AREAURS PIT WORNI1 M, Ixe�o TD ME AmAMVOMAINNM WXwWV+mm RR1x MIMFRRwJYHW ..PBRmmrvKJJJDJ MM, ABTBW DI.. AVEYlrtIRN¢raAM TY IwNFO wxiolTxE 1lp.R.c�imM RFMmfMRX 11 �.M. raiA[MMl .r. A IMVNUVY u wm Wx.xo MOOww/lA - - "V- IS. CNWbIIRRNIYVN HPM IXInA¢ r OFOAOMDC MpFMY FRI WRIID Wfvra.IXD AR f0 M� RAE X /lm� IDIMSIMmrMRO Wa.Yluma / -, C,.. 1 muXnn RhIII112)LL '^ Am , YMMLMN slww¢ AT CP... p' ... 6M RFSpt tNIXJFM MYMAX/,IIMOe oXXUtSSM 'o,A& MYULTIW BOXVIpi HALL N. mI.6 STATE W G'm�.rYX BANE. PIP # 2.-l3!r 55Y00004 ( PBVcu l 1) P/D Ltr1111 02 1 00 00 3 CPP'cEI z) (Myce 9 Plll -!z LAUNER /STRINGER LOT LIME ADJUSTMENT PLAT BEING PART OF HOMESTEAD ENTRY SURVEY 112 AND LOCATED IN SECTION 35, TOWNSHIP 10 SOUTH AND SECTION 2, TOWNSHIP 11 SOUTH, RANGE 85 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO THE PURPOSE OF THIS LOT LINE ADJUSTMENT PLAT 15 TO ADJUST THE COMMON BOUNDARY LINE BETWEEN PARCEL 1 AND PARCEL 2, AS SHOWN HEREON LINETAME WYE LONDON SEAR " A 13[.00 SETWOVE IF 15100 S35'OF/OTE OF W. D 9d3PDYE OF uTm 500•N'00'M m IOm S1S40wE Is 53140 SOSOW. U 113m MATSv40^W u BTIE MA-SYSCW LB ESSIP AEA-lO'mW MET mn NO.9MIPE LEE 9ATS s'N•se'9I'E IF U171 sa•SONYI AS MT CURS APA fu ,EEJ¢ .lTGArAMMu v3W. SNMIPCP :QyFy FpAXPIIrL p -i r-1Tawvr�w•�. -� SGIE: r- ;axr $$ G -q xmEs MG OFL @ON! •j A 1 OATEOFSURVEY: JULY I011;UPMi AUACN- TUNEWU ADJUSTMENT 3 4 F8' 3I OAIEOF PREPARATION:NWFMBFR ARID OECEMBEP 3013 a mXM.wu 31 UUMUOEMING: ABGRINGOIFFIM-UPW EBf1WEEX AF.KM.fSNO. nI MONUMEHRD BYAFWNO B.LM.BNSf _ GPANDAP. ROD N.Ei NO. 112 MONUMFNRD SPA FOUND B.LAA BMS4 W ASSHOVIM S TIII£C£RIIFlGTE POINTOi BEGINXIX6 pgl,ew 1) BASISOF SURVEY: THE WNOSOWBFAGFN IDTUNEROJLLlTMFNf PLAT PFCDPDFDJULY17002 IN P1AT B00NMAT PAGE IS AS RECIMON NO. 46SUM AND ME DAIF IAUNERAMYOP ENVEIDH PUN RECORDED IN PUT BOON97 ATPAGETB AS MEUNDFRSIGNED, AOULYAUMOAMDR@PESEMATNEWSTnwTME FOUND.. MSi P E EMKIN NO. STORM U.UE OONMpIS.1M.M. AND ME .NO MONUMENTS, AS SNOWM ASPEN DNIMOM REGISTERED M DO BUSSNES51M ME 9MTl OF COLORADO. UPAp AA .133 HEREBY CUM THAT MB PER50N1S10P EMOY USTEDK OWNER OF �LMi msiM G 51TIR SURVEY DOES NOT COMMITTEE A TOTE SEAR@ BY SOPRIS RICAN MAINE, TLC (SE) TO OTTER MINE OWNERSHIP ON PARCII]ON THIS PUT DO HOLD FEE SIMPLE DIIE TO MEWTWX wuW IIMAM Fg0.M A EASEMENTS DF RECORD, FOR ALL INFORMATION "A DING MEMEMS, RIGHTS OF WAY AND /CRMM OF RECORD, SEREUM DESLYIBEDRMLPROPBW.FRUANDCIFAIF UEMSF PFIDF:WSI] MFOR GFM4NM'YCR p]S M1NTF UPON MEABOVE MIDPUTS DESCPIBFOIN NOTEi ANOMETITIECOMM1iMENIS PREPARED BYSJEWARTTIREASPEN ON1510N ENCIIMMMNCES FXCFPTMOSFOF pFfARp ON ME RITE W MG tOF VM AS FILE N0. SSM52 WITH AN EFFECTIVE DATE OF MM@ 26,2M PAREE311 AND FILE NO, W3MDS406 AMENDED NO. C2 WRN AN 'AIAGOPKNTPUT; sM.sllpW 3v F FRAW Tx iY ETFECTWE MME OF MARCH 33.011 (FMCD 21. . . AND MATMEPERMNO)MEN US1 MOWNEROFPARCIl30.Y AWINARMA 7 NA ♦' tiMA �Ca II6ui0b @¢ UME UNFAIR UNITUSED IBM PREPARATION OFMIS PUT IS TNFUA SURVEYFOOTAS DEFINED SYME UNOEOSTAM PUTWHOW,G. JMPLED MMEWFMIXOES@IBEDRMLPROPERTY, 12waRMIy i DEPAPTMENiW COMMGCF. Ml10NALIN511NR W5TANp ,LRO3AXOTECMNCLOP/. FREE AND QMR OF ALL OEM AM ENCUMBMXCES RICER MCt6EW R[NA¢pvn:M1MW BF R�.tlUCW 'p �FAFI:MDA RFCMO ON ME DATE OF MO GOT ONE AWUSI .MT. RR i6 BOUNDARY NOTES ALTHOUGH WE MANAMA FACTS STATED ON IONS NATME THUS, MRS MIOOF&SINNING AN lnmU• g 1) ME SUMERPROPERNES' USIFALYBOUHOMIES AHDMEC OPPFSFONMNG MORNING PflOPER1IES V /61FRLY BOUNMNfS CERNHGTION IS XOTTO BFC018lPVE11 A5ANAffi]MRDFIIRL AMR AN L3 RU HCwLLAF9Y5 COMpIX MEPXYSIW MOXUMEMGLLOF •ALONGMFWMI&MROFGSTI3 @EEB'. SAIDGLLLS DVHMIICIN MTIIRF ANO COMM OF TTRF. NOR A GUAMMYFE OF TOOL AHD O I5 UNDERMOO AND TIE SUM X B91S'Sl• E ASSSY' REMA S PARCEL2 $U6JECCiOMFACGF110NAND MLLTON FROMTXFEBB ANVF(OW OFSAIOfRFE1L. AGREEDTNTSTEWART ASPEN ONEION,NDMEIIAIfNMFSNOR WILL W .WNUF -IDA NYMPRAA61fY1[W Be CHMGE.WON A."BANQAL OSUMDON OR UABMM WF`kmw@ o uMnMMM Ij MEMF1E5 AND BOUNO50i5CI11RNX OF MOMF EHIPY SURVEY R1ll. A55NONN ON MEPUTM @fM,ARF NOr @IAM'STATfMEMT COMMXEO XGON. IMC LLp¢MY®3rnU y PMYXM'36LY ill CONSISTENT WIMMEMONUMFNISMMM MRUIOSVOV.ASWUNOMMEPEW, Ep RDVI MN MACEUXANDS FIjyYl y =FEND 1510 — m5+nm f1WpAMAABM1VRW PUTMIWiF@fMN.ES. MOMUMENIS, @GPNG OMRIXG OLYMEPAYC IESBFTWFEXMFIWOPE COPD OFS @IPIIDMS M6 PUT G MGNf N MAMSPFAMF IXTENW➢PROPFATIANO TO PECTI %ME MIHOR WSOIEPAXOES BEIWEFNMESFTWO p11Tw � PROPERTIES. WNMEPOSSIBIE b AUMOROED UGARTOR MMR 31 ME DEED CALLS FOR FARM ACCORDING M REC 150039, HAVE BEEN AOIATEO COUNT31 Cl0@WOF MOD-TO BF 'I �p sS Np CONSISTENT WIMTNF BA560G BFMINO, ASIMMON [AEON. wM n A MI>'wGUAA 6 11 ME DEED DE5CRIPION FOR PARCEL I WLSMME. WOMBS LY BOUFORM ONE OF ME UUNW LANO.•MIS WMAN K HONORS MAT PNYMW CALL WITH IR UMNAM CESUIPDON OF FARM 3, APTTER ME JOT ONE ADJUSTMENT, AS SHOWN ON $MITI PITON COUNTY COMMUM MVEIOPMIXT DIRECTOR APPIMAL MM IDT ONE ADJUSTMENT TAT Of CAMME CAM PROPERTIES. IRMI LLVIM'EDAND APPROWD AT ME PREM CWNTY COMMUNOYWVDOPMfNTNMF@OR MM -,t Sx., IOEi APPROVKWMISPUT45URIfRRIME TRIMS AND COM MOMS OF POUN CWNW COMMUNITY DWELW IRECTOR MJS1PATfVE DECIHON NUMBER A7 -l01 ® RECODMASUCMIMMS9155, P! OU�-0� DF OPMEM Q FRAMI3�e 7 SURVLI'OP'S CFAIIFIGTE 1, MARRS EEIXIE0. BEING A REGOIERFDLWDSUPVfYOfl INM[STATE OF fOIDPAW, W HMfBYQANYIHATI MVF xmvwNOmuw.M1.TY s 10) PREPAPEDM6UUNER/STRINGMWT.O EAWU5TMfMTAT RMTMEIOWPOMOF, IPARCf1000NWIOAPE ACLUMlFLVAN DMECRYSH HEP ON, i`IRE �AAIEME BASED UPON ODDSWVflS AM COXPORM TO THOMAS STAMO UPON EM GROUND. IN WIMFS M @ESOF, I NAME SET MY FIR XO AND 5ELLTHIS �MY W 0[CBMYIL 1011 - OD REf 19 /PAD PP,GA MM BFCYIEA LS : " sBq,:...._ AA <Op ACCi➢TANCf fOR pECAROINO GMPHICSCALE 1 COUNTY.CDWMOO.MIS4JUNGIHMCf FOCF MTHECJ.E 01AMMPUTBOORF Pin/ ATPAGE. MA SOPRISENGINEERING - LLC NECEPl10Y6MSS ;OLtM2Y I t1:N:N AM,lai1R531.R JYNUM RECSPOON NO.� CIVIL CONSULTANTS Ya. GUtlIR•PXMp OOUMY, CO 1V 7Y 502 MAIN STREET, SUITE A3 lum =imlm CARBONDALE, COLORADO 81623 R mMD,Av C (970) 704 -0311 SOPRISENG @SOPRISENG.COM SHEET 101 �J 41 e �i t9: WI �G Ef GRAPHICSfA1F 11x METI 11MI.w R TRANSFER PARCEL OESGIPIION '.uwU NER PR O INGfRPMPFATI A TRACE OF IANO BUNG A PORTION OF THAT PROPERTY DESCRIBED IN THE DK MENE RECORDED AS REOEPTON NO, 3154ll OF ME PDAM wUNIY RECORDS; WD TRACT OF LAND SITOATED IN N.M. NCL ML SECTION 3 MWMHIP Ll WO PANGS IS WEBT 01 ME 6TH IRINOFAL MMIDNN, BE ME MORE FULLY DESCRIBED AS SOL : MMMENOW AT CORNER NO, 9 O SAID N.M. NO. Ell, A OFF BLM 3.25' AWMINUM W; TH ENQ BOOM 30''636" WEST 10& 71 FEET AM MG LINE 69 OF SNG M.LS. NO. 112: MENEF LEAVING SAO UXE 1-9 OF WD MM, NO. 112 SOUTH THROW FAST 33.19 FEET; MEN. NORMS a-w fASTiii]9 FEET: THENO:HIUM3''05'31'EA ..WIFE MT ETRUEMIMOFBWIMNING: THENCE WNIiNUING 50111H WDE.H -EAV S.EO FEUD TH T111a SOU SA'SS'ED FAST RMA FEET TO A FOINTON TIE WESFBAHKOF CASTE QKK THENCE NORM UTUW FASFB3m FEETAMNG WOlMW TBANF MEND: M"NUINGASONG SAID WM BANK NORM lT W WEST ®W FEET; MENOE OEPAMIMG FROM WO WEST BANK SOUTH 745A'4D W6T99M METTOME TRUE MINT OF BEGINNING, CONTAINING U.033SOUME FEETOR 0]76 MBFS MURL OR IT'S COUNIYOPPGKIH STATEOFCOLOMm PARO L IADEMUMM x uuxE P�REPE�11 AFiEPTRAIUiu A tANA OFIANosn UDM Ix AMG xo.111 FOWNSNIP IOAX01150VM. RANGE WFSTOf LXE6M PRIHCIPALMF111OW1, REINx MORE NLLY OEYRIRF➢AS FO110W5 SOUTH 'GUM SOUTH ATHALLGFAWI HEREIN RELATIVE FOUND STONE IN PMCH; FEET: THENCENORMOE '20YR`WEST33.19RETTOAMIMOXUNER9 MGH.ESNO.W; MIKE NORM 30'56'16' FAST 326.7E FO TAMAD MID" UK TOMEPOIMOFOSENNING. CONTAININGM.MS UM FEEFOR6 6A U,MOREORU MUNTY OF P=N STATE OF COWRRW rAREFlu oFS[AIIIIOX IXG RS�E %15REkYATIERTMNSFFII APARCELOFU DSIMAMDWITHINMEROUNDANESOF N.ES.NO.W INMWMHIKWMOLl SOUIN,MNGEMWESEOFMELKMPNt MLMMIOIANL POxA mUNLY, common 0, MORE PMTW LMLY OfSCAIBEOASFOIIDWf: BEGINNING ATA POINT WHENCE CORNER N0.1 OF N FS NO. 113 NARS MOM R9'45' RFAMN. HEREIN REIATME TO A BFMING OF N W B'W EDETINUN AP R9 OF WHO HI M M82'WWWFST1 62FBET70TH6P0.TFTOFEMINNIM CONTAINING I01,304 SOUME FEET OR 2466 AOKF MORE OR LESS MuNw OFPMON 'TATF OF MWEADO PARCELlA PER THIS SURVEY 269,054 sq.ftS 6.636 acnst evJXOXm. OR�mnwTOl MM lu ®ww R XOXRS'YIWW \F v w. D. IPIYBRSYB NNWO uABI uaBwnR ® ®xMm FxxFwl AYInRiLUYGY BLAMARE w ROAN. NARnw umM SOPRIS ENGINEERING - LLC �a L4AUINIER /STRINGER LOT LIME ADJUSTMENT PLAT — FPNiMN.M. un IAFIBwuxmlBL eeAwxN+BOrB an TRANSFER PARCEL 12,033 sq.k.t u J r I .1wBM u L1R tMIdM pDW in Sss•m'001 RXIENW R.il'vnMPMRN4XY�USMRpVIR AM vn III CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704 -0311 SOPRISENG @SOPRISENG.COM I RMY PARCEL 2A PER THIS SURVEY um 106,304 A." 2.486 acn, t MIY a AUNBIBIYm tlEm ..A.. xl[iRCUx[MfGMRII[F® RBHM WOBA I�NMAdWIIIR WASEN BEING PART OF HOMESTEAD ENTRY SURVEY 112 AND LOCATED IN SECTION 35, TOWNSHIP 10 SOUTH AND SECTION 2, TOWNSHIP 11 SOUTH, RANGE 85 WEST OF THE 6th P.M.000NTY OF PITKIN, STATE OF COLORADO THE PURPOSE OF THIS LOT LINE ADJUSTMENT PLAT IS TO ADJUSTT Fir COMMON BOUF!DART LINE BETWEEN PARCEL 1 AND PARCEL 2, AS SHOWN HEREON I 1 I RFIERtRWRIYG Am \ RAwFxR \ un LEUGm TRANSFER PARCEL 12,033 sq.k.t u 0.276 BD. .1wBM u L'Om Sss•m'001 [exGIMA6KA llROME. AONY 601MB n[(IFCUiY(41WENIm REFORM U. RS emBRLI= UXETAEI3 un LEUGm BuRMO u mm .1wBM u L'Om Sss•m'001 LB am .1010 -E L, WAD Uw2vUVW L5 350.013 Bss,D 'E A 331m S05'OGmw L7 AAm sss'mbo'w u 274% 161YSSPW u nu MI LID m7l N20I lu 94.R NM^gA11N u3 isl>6 S®"SVMY/ c[MRF. rs N.M 1w. oo GIEr :Mmmisu MARK q. 3yBBA2�JN SHEET 2 OF 2 r § / / eouxor.Rr xmF's 2) ME SUBIER PROPENTIFS' EASTERLY RONFMMNS AND ME CORRESPONDING ADJOINING PRGPERTET WESTERLY BOUNDARIES CONTAIN ME PNryW MONUMENT CMl OF "ALONG THE WEST%AMR OF CASTE t , CREER`. UN GA 5 OMAMK IN NRTUM AMID HAI ME ACCRETION AND REIIETION FROM ME EBB ,ON➢XSMIIR AZ ANOFLOWOFUIDGKK 31 THEMMOS AND BUUNOS DENOITIONOF HOME ENTRY SURVEY AM, AS SHOWNON ME PLAT u3IX THEREOF.MENOSCON WWIMMFMONUMEN6WUMFOR WDSURVV.MFOUNOINME iii'SAVevTr FIFID. MERKGRDTESFORPARCE LS 1M02GUTODIFRREWH"MONUMENFS.OBA wBEKING DISCREPANCIES BETNENLME2 REC ORDUESC AITIONSMISPLATISMFAMTOTIMNSFERME IMFNOED PROPERTYANOTO RECTFTME MINOR DDAMPANUES BETWEEN M6F TWO FROPfRTIM W HERE POSSIME mxRURTPUEsst I ) 31 ME OEM EALLS FOR PARCEL 2A000RDWG TO RFC 6BB039, HAVF BEEN ROTATED MURDER [LOpry/L50 D W'33' TO BE [ONSLSIFXT W ON TNF B.V G OF BFMING, AS 3N0 W X HFRFOR 4) MEO DES[II NMRPMCELIW35MO 'SOIITIIERLYBOUNOARYUNEWF E=NEII TRr �MY� IANO. "MLSSURVEYXONORSTNT PNKIGIGLLWLIN(SS WTMAIE OFXRIPTIOH OFPMISI,AFRR sURVeY&masv THE IDI UXEAMUSIMEM, Af SHOWHm1ML55MEET. \ MvMMTRV uUxRAAAA FN c[MRF. rs N.M 1w. oo GIEr :Mmmisu MARK q. 3yBBA2�JN SHEET 2 OF 2 r gy PARCEL B 10: 273o3B44MNMS DALE LAUNER ACTIVITY ENVELOPE PLAN ] PARCEL "B"' i 1 A PORTION OF H.E.S. N0. 112 R Q TOWNSHIP 10 & 11 SOUTH, RANGE 85 WEST, 6TH P.M. D }5 W PITXIN COUNTY COLORADO . W y i W W W W W — ". — W 919• #� i W w oa' w r . . y W W W W Q� NOTES W W W W W A, W W y W i W w 1) BENCHYARN 8510.00' AT CW. NO. B H.E.S. NO. 112 CONTI INIFAVK 19 TING (2) FEET. n 04.06 '^ i kCTNTY ENYELOK 1 'y[kJrx ROADWAY YMENCE CORREP MRS 1 C! N.LS 11] Be.. N10'11E 9IH.0} FEET, IW�— .AAw_w_W W W W O.TH Acs • W I �nw I 1NEWC£ N2811 H 30'W • J)TO FEET: TiiEPM TIERCE Nat) 38 w 7•. 0a. FEET FF�: *PAR 9P W W W I TNENC[ Na4'b'[ ld.pk FIT: yL 1 MERGE �180]'10`N FEES 1HT1 •�E W \ \I W \ \.)� \•. �.�y':` W y W y{.i� W l M1VKV rv,m ,. 'W / I CZ N11 '5V IWAO FEET: wW `E \ . r ��y 9� \ 1EM1NDS M1NW. G S FE F1FT: MERE($ NOA'A'W 53.00 FEET: �- Zw W \ / i/ • THEERCE NFavy,W 8440 FEET, Z \ W \ 'W, \ W W W W W W W W W W "ixw = / r /✓` / m,.CF Ib3R3'}O"W SAHB HS[T; �� W \w,• ��� =^ W W gW rW W W W W W W 'Y / MENCZ WSY]M IS.M I[[P. w^x1R--k------- �"�'Nn W r _ 1 'J ME N44 NM'NW PIlM FEETI "��JJ�� `'xl \ `••'R ' •'� -'b•• W� 1M1EN4 6BW C T P12J-w lNm IIIERM MEN[ B1 wi STAB ` FIRM 0 4 ,3 %1QTMENCE 42 ENO[ "M 3 W"W ]T B] l6. 'MENM iaWb'N ODD FQT 'HENCE NIBIAE ]O.W FSET. V AML1 ' "IIjR SERI[ MW - W iL - _AOmT' dRDliH B ) — THENCE NHBVI'AG2 BB.W IEET •— �'1�_i�_.�)[Py i W W W i ♦ W W UNITS AND AIIA-ANCHE A [PN M L AND CROY FA ANALYSIS MAPPING REPORTPR BY ARTHUR IQEAARS IM A1EDD p 1 W J• w W W W' W i y�1� LL W W W ,P 9ElB NW' T A, fl601 aWLL FOR IMM "A' }BB WNJROWY CRW .W PAR. AA.. _p1��1I,y' NT' EMONOE 7 fi W�.��My' . q! R /BFP33. AREAS L➢CAIm iPtli MOGNO PLACED BY COLORADO WLWFE SCJ}W£ LLC A. A ACC[A, EABFMENT [M !ja A ": R XWO AT A PgNi BEING Al 1XE INRA9ECTON OF A CaIIMTY NOAO AND SNU PRIVATE L n 04.06 '^ i kCTNTY ENYELOK 1 'y[kJrx ROADWAY YMENCE CORREP MRS 1 C! N.LS 11] Be.. N10'11E 9IH.0} FEET, IW�— .AAw_w_W W W W O.TH Acs • W I �nw I 1NEWC£ N2811 H 30'W • J)TO FEET: TiiEPM TIERCE Nat) 38 w 7•. 0a. FEET FF�: *PAR 9P W W W I TNENC[ Na4'b'[ ld.pk FIT: yL 1 MERGE �180]'10`N FEES 1HT1 •�E W \ \I W \ \.)� \•. �.�y':` W y W y{.i� W l M1VKV rv,m ,. 'W / I CZ N11 '5V IWAO FEET: wW `E \ . r ��y 9� \ 1EM1NDS M1NW. G S FE F1FT: MERE($ NOA'A'W 53.00 FEET: �- Zw W \ / i/ • THEERCE NFavy,W 8440 FEET, Z \ W \ 'W, \ W W W W W W W W W W "ixw = / r /✓` / m,.CF Ib3R3'}O"W SAHB HS[T; �� W \w,• ��� =^ W W gW rW W W W W W W 'Y / MENCZ WSY]M IS.M I[[P. w^x1R--k------- �"�'Nn W r _ 1 'J ME N44 NM'NW PIlM FEETI "��JJ�� `'xl \ `••'R ' •'� -'b•• W� 1M1EN4 6BW C T P12J-w lNm IIIERM MEN[ B1 wi STAB ` FIRM 0 4 ,3 %1QTMENCE 42 ENO[ "M 3 W"W ]T B] l6. 'MENM iaWb'N ODD FQT 'HENCE NIBIAE ]O.W FSET. V AML1 ' "IIjR SERI[ MW - W iL - _AOmT' dRDliH B ) — THENCE NHBVI'AG2 BB.W IEET •— va• — B' BAV AMA 1 A. L N04'SCOO�W i P a At U LEGEND PARCEL 'B': A LAND 9NAlE0 IN H.LH NO TOWNSHIP 10 II SOUTH RANE BH NEST 7 IN H BT PRINCIPAL MERNµ, NEW MORE FULLY DESCRIBED AS fg10WB: • INDICATES FOUND MONUMENT A9 DESCRIBES. AT CWNG HO p OF SAID GCB. N11 Ill. A STD[ MONUMENT IN PLAOL THHNM EAST 3T4R BFETA FFLt INSIDE N UN[ 0.151 N.ES. 00. II?, RFS R® PLASTC CAP ALL .LLUMIxUN CM ANC THENCE EASE 297.26 PONT TO A OMT ON THE GREEN; BAST BANK OF Co: A'PC YOLOW R.ABTK CN THERM F F BWIMSALT KOMB 1X[ WQT BAVM CI CASTLE CRFEM 1HH FOLLO'MNp SWRtfS ow, 'y POYFA POLE IfAP AND OR u OO,ECFS EMT; SIMM-E MISS [ 1!000 FEET: ® ELECTRIC TRNIYORMFR ® SPPTC MANM4E P SO -SNYDN 51N'JO'00'C W.W fEEi: 990 ADYI I07.09 MT. EM ELECTRIC N[TFII FIRE XYMANi S1BT0'W'E Iwo FEET; � S FEL ORVO'W "W 135,00 T: � OVEPNEN UTILITY LN[ S;T WE ]2MW FEET. OECOUW6 TREE S"WOR'X 83.00 1 NENM SEPARI NS FROM SAM 'REST SAAF N641311I 87.84 FEET: FENCE LINE EVCPS@SN TREE p "I Awovll "W 558.1° FEET: THERM 5BA9TW'W =211 ECM: ® EIECMIC MNIH4E PROPANE T. TXENM NOnVW'W WE FMT N A POMT ON UK H-[ OF Shill H.E& NO 114 TNENM NPOTHIIII IM71 FEET NUMB SAID LNE S-2 M TN[ PONT OF MRNINNO. tAp II W r 1 ) I . : - : - MPARIN AREAS 4 r'f D � n 3SA3fil - oo -004 Cast* Posl -af THENCE NaBYai 5H.}] FELT; TOYS£ ..'XI INLOH FEET NWE OR LESS TO ME 9W114 UNE OF THAT PARCE. aH94MBB0 W ROOM N} AT PAGE SIR Ix THE PENSION OF RTMIM COUS". 5 A TIWTY IN 1: NONB[, UPLIPHE, DRAYRI L.WOXAPMO A. MPTIC III e�I PERI LOSE ANTI, ENKLOPE }: £PTC 9KAN1, UTXJTEB N0 1.051 ARE PERMITTED USES, AL II, FNY2LOPE 1 RWARAN WINTATOH PHSTORATCM 15 1MM.v PERWTTcD UBE. S) ACTNTV ENKI 1 MEETS CRY [,ERN, THE MINNARN FIW: (B) FOOT 'MTCK E1EVAlIM NEODIREMENT ABOYE TIE NEVI NOR RAM MARK M CASTLE ( AND IS MOp[ TVAII 20 FEET HCR[•ITALLY FROM 5110 MUM HIW SAM RUM, 3JRPOPARFING Cg ASE NNEOM APPEARS TO XAK BEER EMGVATp 5E].OW 1PE MORM RECEP71I 5111973, 4W1T13O11 IT 1k1]:L PM,1 OE I. R 511. W Jonlo. N. VM ORRIM1, P14b CounIF, CC PLAT SK [T PO >E THIS ACiIRW ENbp10PH PLAN PAR BEEN FIT- D ANC PP aK0 3I, M(4T�T�iN cOl1NTY CgAYLLVITr OESBISPM[nr OIPecTOR HEMIxO OPFICEA TXISO AVIIF ° A9 NJaII 0 _IL 51I&¢Cj _T0 WAS CROER OETERMIN, »0. x0. _Z1 IT[ OE`2LOPM NI BI 6E ltll �Nk CRICfiI{. W a TUB ACT. ENML PUN NN MEN ACCEPTED FOR PUN0 IN THE OFFICE OF CLERK AND $ECOROER DE TK OWNTF OF PIl%Ilj, 9TAT[ CP C4tliPQB. Al��, /�I'40CN. TH. / "/ Av F HKA N PIT SOD4iC2•L AT PAM_j` J"L AS hEMPTON NUY 6. �S MANS III COPSE DATE : 19 /2000 1en ®1 06 /2009. 07/2011 FOUR "I Doug Stewart title Stewart Title - Aspen 620 East Hopkings Avenue Aspen, CO 81611 WRITTEN OWNERSHIP AND ENCUMBRANCE REPORT Order No. 01330 -28979 Date: August 05, 2013 Customer Reference: 245 Conundrum Road Aspen, CO 81611 LEGAL DESCRIPTION: A tract of land situated in H.E.S. No. 112, Township 10 and 11 South, Range 85 West of the 6th Principal Meridian, being more fully described as follows: Beginning at Corner No. 9 of said H.E.S. No. 112, a stone monument in place; thence North 04 ?? ?13'00" East 649.74 feet along 9 -10 of said H.E.S. No. 112; thence East 227.25 feet to a point on the West bank of Castle Creek; thence Southerly along the West bank of Castle Creek the following courses and distances: South 23 °30'00" East 135.00 feet; South 15 °00'00" East 150.00 feet; South 04 °30'00" East 80.00 feet; South 00 °24'00" West 187.00 feet; South 15 °00'00" East 150.00 feet; South 05 °00'00" West 132.00 feet; South 17 °00'00" East 220.00 feet; South 19 °02'00" West 83.00 feet; thence departing from said West bank North 54 °55'58" West 87.54 feet; thence North 15 °05'11" West 229.10 feet; thence South 84 °53'00" West 333.29 feet; thence North 04 °20'00" West 23.19 feet to a point on line 8 -9 of said H.E.S. No. 112; thence North 20 °56'16" East 128.71 feet along said line 8 -9 To The Point Of Beginning EXCEPTING THEREFROM all that land contained in the QuitClaim Deed recorded February 13, 2013 as Reception No. 596981 COUNTY OF PITKIN, STATE OF COLORADO. APPARENT OWNER OF RECORD: Dale Launer Deeds of Trust, Mortgages and Liens which purport to affect the above described property, as disclosed by the records of the Clerk and Recorder of Pitkin County, Colorado, through the effective date of July 19, 2013: 1. A Deed of Trust executed by Conundrum Trust, to the Public Trustee, to secure an indebtedness of $900,000.00 in favor of Vectra Bank Colorado N A recorded February 8, 2000 as Reception No 440235. NOTE: Assignment of Deed of Trust to California Bank Trust, recorded February 8, 2000, as Reception No. 4402M. Order No.: 01330 -28979 Pagel of 2 Written OE Report STCO UU J.07 The liability of Stewart Title, its affiliates and associates, for any errors or omissions affecting or relating to the information appearing in this report is strictly limited to the amount paid for this report. The aforementioned liability is limited to the customer who ordered this report. There are no expressed or implied warranties assuring or representing that this report is reliable for title information, and therefore, should be verified by a Commitment for Title Insurance. No representation is made as to the completeness, validity, or legal sufficiency of the documents referenced herein, nor have any of such documents been examined to determine whether or not there are any exceptions, reservations, encumbrances or other matters which might be detrimental to Title. No search has been made for any reservations, restrictions, covenants, easements, rights of way, mineral interests, water rights, and any other encumbrances which are not a deed of trust, mortgage of lien. NomiudCuumersignaNrc Linda Williams Authorized Representative of Stewart Title Order No.: 01330 -28979 Written OE Report STCO Page 2 of 2 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and IMIC, 16.. AVFI I- (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for iAdi �/li#s a ►ot t _It;U'1al1U __ (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 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 4p 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 Houben Community Development Director Effective 1/26/10 G:county\admin \forms \agreement to pay 00U 09 Print S gniature Date: Mail in Address: seina AdzlaTAL% -. �w tti�a Mo tic w Dale Launer 639 Adelaide Drive Santa Monica, CA. 90402 Aspen, Colorado 81611 (310) 458 -9399 July 25, 2013 Suzanne Wolff Aspen Pitkin County Community Development Department 130 South Galena Street Aspen, CO. 81611 RE: Authorization to Submit a Land Use Application Dear Suzanne: This authorizes Davis Horn Incorporated to submit a land use application for my metes and bounds property at 245 Conundrum Creek Road, Parcel ID #2735 -354- 00-006. Davis Horn Incorporated is also authorize represent me in the land use application process. Please call Alice Davis or Glenn Horn at 970 925 -6587 or me at the above number if you have any questions or concerns. Thank you. Sincerely, l DALE LAUNER Owner 299 CONUNDRUM LLC ATTN ELIA M YORK 4320 UNIVERSITY LAREDO, TX 78041 CASTLE CREEK LLC C/O FIELD DAVID J 1520 MONK RD GLADWYNE, PA 19035 HEIRLOOM PROPERTIES COLORADO LLC 24 WATERWAY AVE #300 THE WOODLANDS, TX 77380 LAUNER DALE 639 ADELAIDE DR SANTA MONICA, CA 90402 0ouill ASPENKARMA LLC C/O MILLARD J ZIMET 604 W MAIN ST ASPEN, CO 81611 CONUNDRUM + CASTLE LLC 210 UPON WY BOULDER, CO 80303 HIGHLAND RANCH LTD PO BOX 1152 ASPEN, CO 81612 LORENZ SHERIDAN MITCHELL 1311 -A E 6TH ST AUSTIN, TX 78702 .... CARVELLI PETER PO BOX 2377 ASPEN. CO 81612 DEL BALSO MICHAEL A & DUDLEY 115 CENTRAL PARK WEST #8D NEW YORK, NY 10023 KATZ MICHAEL D & ANN 0 3584 ST GAUDENS RD MIAMI. FL 33133 STRINGER JAMES D TRUST 13607 SE 37TH ST VANCOUVER, WA 98683 ®u*vrs y� "' Nf\ '3uv ��ee�t P rap pt t 016. 4k LAVMr P�*W*j A4f & h 1° "'Emom 7, 9 m m C 0 N LL 0®U112 o Q T N T T N W 2 c W Z M Q J PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on December 30, 2013, the Pitkin County Community Development Director granted approval for the Approving the Launer Activity Envelope Review (Case P074 -13; Deter. #087 - 2013). The property is located on Shield 0 Road, and is legally described as Lot 3, Section 22, Township 9 South, Range 86 West of the 6`h P.M. The State Parcel Identification for this property is 2645- 224 -00 -583. This site - specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S /Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly, on JANUARY 16, 2014. PUBLIC NOTICE RE: Launer Activity Envelope Review (CASE# P074 -13; PID 2735- 354 -00 -006) NOTICE IS HEREBY GIVEN that an application has been submitted by Dale Launer (639 Adelaide Drive, Santa Monica, CA 90402 -1351) requesting to obtain activity envelope review approval to replace the existing single family residence. The property is located at 245 Conundrum Road and is legally described as a tract of land situated in H.E.S. No. 112, Township 10 and I I South, Range 85 West of the 6`h P.M. The State Parcel Identification for the property is 2735- 354 -00 -006. 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 September 26, 2013. 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 October 28, 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 /P074_13_app.pdf L, u,k n �,- County of Pitkin ) AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2 -20 -100 1, W Cf yth Hi/" , being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first- class, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owners of property within 300' of the subject property, as indicated on the attached list, on ,W 2011 (which is 30 days prior to the deadline of , 201_, The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 4�.I, 2013which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted si is attached hereto. Applicant's name Signature (Attach photograph here) Signed before me this�day of aC'lnti,-a` 201%y ��2nn �2+YN NOTARy�tn WITNESS MY HAND AND QffJCIAL SEAL My commission expires: A / Pubuc 71 ina hr otary Ajbjlji ' stignature G:koumy\adnnin \rortns'\aMdavit ror Activity FnvelopeiSite PlaidCarctakcr Dwelling Unit IL PUBLIC NOTICE RE: Launer Activity Envelope Review (CASE# P074 -13; PID 2735- 354 -00 -006) 1 'tAtI�1 9�z1�� /0/1 1 �2 NOTICE IS HEREBY GIVEN that an application has been submitted by Dale Launer (639 Adelaide Drive, Santa Monica, CA 90402 -1351) requesting to obtain activity envelope review approval to replace the existing single family residence. The property is located at 245 Conundrum Road and is legally described as a tract of land situated in H.E.S. No. 112, Township 10 and I 1 South, Range 85 West of the 6th P.M. The State Parcel Identification for the property is 2735- 354 -00 -006. 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 September 26, 2013. 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 October 28, 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' does / county/ Com% 2ODev lPlamingILand_use_Applicatio ns/P074_13_app.pdf 0 Use Avery® Template 51600 j Feed Paperer expose Pop-up Edgem +Z99 CONUNDRUM LLC ASPENKARMA LLC CARVELLI PETER ATTN ILIA M YORK CIO MILLARD J ZIMET PO BOX 2377 4320 UNIVERSITY 604 W MAIN ST ASPEN, CO 81612 LAREDO, TX 78041 ASPEN, CO 81611 CASTLE CREEK LLC CONUNDRUM + CASTLE LLC DEL BALSO MICHAEL A & DUDLEY CIO FIELD DAVID J 210 LIPON WY 115 CENTRAL PARK WEST #8D 1520 MONK RD BOULDER, CO 80303 NEW YORK, NY 10023 GLADWYNE, PA 19035 HEIRLOOM PROPERTIES COLORADO HIGHLAND RANCH LTD KATZ MICHAEL D & ANN 0 LLC PO BOX 1152 3584 ST GAUDENS RD 24 WATERWAY AVE #300 ASPEN, CO 81612 MIAMI, FL 33133 THE WOODLANDS, TX 77380 LAUNER DALE LORENZ SHERIDAN MITCHELL STRINGER JAMES D TRUST 639 ADELAIDE DR 1311 -A E 6TH ST 13607 SE 37TH ST SANTA MONICA, CA 90402 AUSTIN, TX 78702 VANCOUVER, WA 98683 I.AVrer -11 ZRI2013 @tiquettes faciles 6 peler Repllez b la hachure aHn de ; vvww.avery.cam ! Utilisez le gaharit AVERYID 5160® I chargement rdv6ler le rehord Pop-up"' 1- 800-GO -AVERY ` �'• .� �• f . .a t..7: �,sPb t .,. 3. � e} i ?C.. `,� '' dzfly_yyvci•n � � . .1_' � _ .4 +�-.t: ��� m ra. y i'iE � a ,. ,,�; �_, A.,:� �� < a \9t�: PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 September 17, 2013 Glenn Horn 215 South Monarch Street, Suite 4104 Aspen, CO 81611 ghom@rof.net Re: Launer Activity Envelope Review (PID #2735- 354 -00 -006; Case# P074 -13) Dear Mr. Horn: 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 September 29, 2013. 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 October 28, 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 11`h day of October, 2013, which is at least fifteen (15) days prior to October 26, 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 Name: Project Address Type: Permit Number 0074.2013.PLAN 0074.2013. P LAN 0074.2013. PLAN PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00034652 Dale Launer Date:9/10/2013 EAGLE PARK DR check # 1005 Fee Description Amount PP- Flat Fee 1,560.00 PP- Clerk Tech Fee 2500 PP- Public Notice Fee 54.00 Total: 1,639 00 07 � 2oos to Nx"f ff"'Am PARCEL B ID: 273535400006 1 PARCEL "B "' A PORTION OF H.E.S. N0. 112 � TOWNSHIP 10 & 11 SOUTH, RANGE 85 WEST, 6TH P.M. 0 25 So ,00 PITKIN COUNTY COLORADO 1° - so' ,E ?•Op Op y y 51 6, • -___' �'" 8594.e1 S05 °00100" 8505.44 W 7.79 8507. y 136' y y y CASTLE CREEK s5o3X4� 0 pp' 13 .00' Go N. 15 y J/ 1!/ \I/ / --- "-W --- o. AD a 02.27. SO4'30'00 " S00 °24'00 / y .y .y 11, 187.00' O 80.00' / w y y w // 11, y y y q/ 1I/ E 'Ir y y CABIN y y �l✓ y y �l/ y y y y y y y y y y y �I/ 150 •p , y y � .14 J/ y 1.00.0 _!/ J/ J/ y y J/ y y y DRY CHANNEL y STREAM p5 SETBAC= y J/ y y \1" J1 14, 1 , R1pAR1AN 8.84 x 11/ y \1/ qF0.34 *8511.48 11.41 .V CTIVITY ENVELOPE 3 509.76 - . _ .. �Y y �V y .L - y 7 / 0.09 ACt .52 • y V • 8511.99 • / .V LS 5 8507.72 09.46 x 85 19 20151 85 08.31 �+!/� y "f #f 08.73 y y y y•• iy y y y y y y y 14/ \.�✓ �/ y $_ �y \,851001 8508.05 / --b- ACTIVITY ENVELOPE 1 es *-8508 M8?•; 8511.41 y 14/ \1/ ./ y q/ 141, y -- - POND 0.79 ACt �j 8507.60 ' .y .V .V .V .11 .V -11/ .V .!/ .V y y y � • . ..� ' y GRAVEL PA RKING X 8509.33 ' AREA PARC 8507.49 � y y y y .t/ y N ,\ /f 6.636 AC± x cN .V y .I/ �v .1/ .L. • �l/ y 51 • `�.� __ �- C- -- ' \ _ .. - .. - ..1 28064 S(tFT.± y 'k \�` .• y y y y i .- °'f/ �p`a� J CABIN COMPOUND GRAVEL ® y M I ��v ,. / PARKING y y y \\ o �OCK LINE 14/ � 2 \ �® o 86 4j ' O = P cc Z .v .y ./ NV .V .V �vN ` N S iNO / k 1 � °00' °'�b • � . • '' °'rte .y�c� \ \ - �`I/� `I' �!. `V J/ AVALANCHE BLUE ZONE LINE -�_ ° \ y y y \ y y \ ' • y y y y RIgARIAN y .I, .y .1, GRAVEL fn - - 00 ROAD y y \ LO GRAVEL ROAD AVALANCHE RED ZONE LINE ED I '�- ACTIVITY ENVELOPE � ° YPC / / LSD 9184 OD N04'13'00 "E � ® Ln \ 0.5_ 2 ACt � o RIPRI � � 649.74 \1/ 4 \ Q � LO J 00 ALC -BLM \ H�•SN012 Jr(j 76 \ ENCHMARK= 8510.60' 1 1 �� �e ��• LS# 16129 NO '20'0-W 23.19' VICINITY MAP a � J m 3: z B m 0 J m ago U _O LEGAL DESCRIPTION: PARCEL '°B ": A TRACT OF LAND SITUATED IN H.E.S. NO. 112, TOWNSHIP 10 AND 11 SOUTH RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT CORNER NO. 9 OF SAID H.E.S. NO. 112, A STONE MONUMENT IN PLACE; THENCE N04 °13'00 "E 649.74 FEET ALONG LINE 9 -10 OF SAID H.E.S. NO. 112; THENCE EAST 227.25 FEET TO A POINT ON THE WEST BANK OF CASTLE CREEK; THENCE SOUTHERLY ALONG THE WEST BANK OF CASTLE CREEK THE FOLLOWING COURSES AND DISTANCES: S23 °30'00 "E 135.00 FEET; S1 5'00'00"E 150.00 FEET; SO4 °30'00 "E 80.00 FEET; S00 °24'00 "W 187.00 FEET; S1 5°00'00 "E 150.00 FEET; S05 °00'00 "W 132.00 FEET; S1 7'00'00"E 136.36 FEET; S1 9 °02'00 "W 83.00 FEET; THENCE DEPARTING FROM SAID WEST BANK S74 °54'49 "W 99.85 FEET; THENCE N15 °05'11 "W 214.00 FEET; THENCE S84 °53'00 "W 333.29 FEET; THENCE N04 °20'00 "W 23.19 FEET TO A POINT ON LINE 8 -9 OF SAID H.E.S. NO. 112; THENCE N20 °56'16 "E 128.71 FEET ALONG SAID LINE 8 -9 TO THE POINT OF BEGINNING. LEGEND O INDICATES FOUND MONUMENT AS DESCRIBED. RPC RED PLASTIC CAP ALC ALUMINUM CAP YPC YELLOW PLASTIC CAP CQ, POWER POLE ® ELECTRIC TRANSFORMER 0 SEPTIC MANHOLE EM ELECTRIC METER �cy FIRE HYDRANT OVERHEAD UTILITY LINE DECIDUOUS TREE E3 Ei FENCE LINE EVERGREEN TREE OE ELECTRIC MANHOLE CD PROPANE TANK RIPARIAN AREAS NOTES 1) BENCHMARK = 8510.60' AT COR. NO. 9 H.E.S. NO. 112. CONTOUR INTERVAL IS TWO (2) FEET, 2) ROCK FALL LIMITS AND AVALANCHE ZONES INTERPOLATED FROM SNOW AVALANCHE AND ROCK FALL ANALYSIS MAPPING REPORT PREPARED BY ARTHUR 1. MEARS P.E. DATED 09/2008 FOR PARCEL "A" 289 CONUNDRUM CREEK RD AND PARCEL "B" 245 CONUNDRUM CREEK RD. 3) RIPARIAN AREAS LOCATED FROM FLAGGING PLACED BY COLORADO WILDLIFE SCIENCE LLC ON 9/2008. 4) ACCESS EASEMENT FOR PARCEL "A ": BEGINNING AT A POINT BEING AT THE INTERSECTION OF A COUNTY ROAD AND SAID PRIVATE ROADWAY WHENCE CORNER 1 OF H.E.S. 112 BEARS N20'21'E 939.63 FEET; THENCE N47'52W 49.03 ;-FT; THENCE N28 °34'30 "W 77.70 FEET; THENCE N11 °35'40 "W 51.03 FEET; THENCE N07 °25'W 74.00 FEET; THENCE N04'46'E 104.98 FEET; THENCE Nu6*34'30 "W 62.28 FEET; THENCE N18 °03'40 "W 24.82 FEET; THENCE N11'50'W 100.00 FEET; THENCE N26 °23'E 57.61 FEET; �. THENCE N00'03'40 "E 67.01 FEET; THENCE N01 °31'W 55.00 FEET; THENCE N20'51'W 94.00 FEET; THENCE N33 °23'20 "W 64.92 FEET; THENCE N05 °2O'W 95.86 FEET; THENCE N13'47'W 39.44 FEET; THENCE N'b'24V 80.45 FEET; THENCE N29 °18'W 72.54 FEET; THENCE N12 °36'40 "W 39.50 FEET; THENCE N08'31'41 "E 87.12 FEET; THENCE N28 °04'30 "W 48.38 FEET; THENCE N16'55'E 36.24 FEET; THENCE N20 °34'30 "W 27.83 FEET; THENCE N09'48'W 35.94 FEET;. THENCE N19 °14'E 30.00 FEET; THENCE N28'03'40 "E 88.00 FEET; THENCE N06 °10'E 50.33 FEET; THENCE N04 °34'30 "E 140.05 FEET MORE: OR LESS TO THE SOUTH LINE OF THAT PARCEL DESCRIBED IN BOOK 242 AT PAGE 926 IN THE RECORDS OF PITKIN COUNTY, 5) ACTIVITY ENVELOPE 1: HOUSE; UTILI It S, DRIVEWAY, LANDSCAPING ANC: '.SEPTIC SYSTEM ARE PERMITTED USES. ACTIVITY ENVELOPE 2: SEPTIC SYSTEM, UTILITIES AND LANDSCAPING ARE PERMITTED "'F`•. ACTIVITY ENVELOPE 3: RIPARIAN VEGETATION RESTORATION IS ONLY PERM' "ITED USE. 6) ACTIVITY ENVELOPE 1 MEETS OR EXCEEDS THE MINIMUM FIVE (5) FOOT VERTICAL ELEVATION REQUIREMENT ABOVE THE MEAN HIGH WATER MARK OF CASTLE CREEK AND IS MORE THAN 20 FEET HORIZONTALLY FROM SAID MEAN HIGH WATER MARK. 7) GRAVEL PARKING AREA SHOWN HEREON APPEARS TO HAVE BEEN AC„VATED BELOW THE SURROUNDING NATURAL GRADE. t) -Tk1 S �%A t d A'GA 1!/et't7 EVlit '(Tc-p .rke DISCLAIMER APPLICANT ACKNOWLEDGES THAT HE /SHE HAS BEEN INFORMED BY PITKIN COUNTY OF THE EXISTENCE OF 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 ME RES WILL UARA E THE SAFETY OF ANY PROPERTY. APPLICANT: COMMUNITY DEVELOPMENT DIRECTOR THIS ACTIVITY ENVELOPE PLAN HAS BEEN REVIEWED AND APPROVED BY THE PITKIN COUNTY COMMUNITY DEVELOPMENT DIRE TOR THIS_, _DAY OF ___,21 _, SUBJECT TO ADMINISTRATIVE DECISION NO. 2n.Z_aL3- ------ RECORDED AS RECEPTION NO. Z56MVNITYRDEVVtOPMENT DIRECTORJ,J ACCEPTANCE FOR RECORDING RECORDING THIS ACTIVITY ENVELOPE PLAN HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO, AT�= Lx_O'CLOCK, A__M. THIS _ ���iv,____DAY OF ' _ooZ014 IN PLAT B001j0_�__ AT PAGE�i _ AS RECEPTION NUMBER ® _ ------ RECEPTION #: 610729, 06/03/2014 at 4,r��:'•'' °• " °' °•;i�, CLER & RECORDER ®!� 08:47:23 AM, 1 OF 1, R $11,00 Janice K. Vos Caudill, Pitkin County, CO * SEAL • * PLAT l3K 107 PG 26 160-:4 Rocky Mountain Surveying DATE :10/2008 REVISED: 05/2009, 07/2011, 05/2014 FILE NO: 06542 4133 crystal springs rd carbondale co 81623 phone 970379 -1919 fax 970 - 963.5873 laff@sopris.net