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HomeMy WebLinkAboutpitkin.planning.273504300008 (6)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC an&or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (I IXI7) offal 2735 -043 -00 -008 9/26/1997 *COPIES 12 P115 -97 CASE NA Sunshine Ranch 1041 Hazard Review & Conceptual Submission Planers Suzanne Wolff PROJ ADD 2298 Owl Creek Rd Owl Creek S -T -R 4 -10 -85 OWN /APP: Robbins,Anihony '•.RI C /S /Z:l PHN:� REP: Morley, Kevinc/o Robert Tro ; ADR: P.O_ Box 6620 C /S/Z: [Snowma -s Village, CC PHN: 923-2644 Email Addr., ALLOCATED FEES Dtff50 *155 - 155 +11 FEESAGtZ.D -, +155 +155 +110 = %OVER: REFERRAq CountyABOrney, County Engineer, Zoning, Env. Health, State Forest Service, Division of Wildlife, CounNWildlif 1 128/1997 BY SH i- DUETU/12/1997 M T G DATE+ ' O� DY TICED DATE OF FINAL ACTION: 2112/1998 _ F/8/1998 hearing off No BOCCReso: 2/12/1998 j1hearing of J No I No - BOCC Ord: r . REMARK HO Determination not given a number PZ: HRG OFF:' #414585 CLOSED: 2/20/1998 BY; {SH ... HO INDEX: Tip ADMIN:- PLAT RECORD 1/5/99 PLAT (BKPG): 648 P34 #426273 ADMIN INDEX: J�- VR APPROVAL OA - VR EXPIRES '� CASE TYP; .f1041 Hazard Review and General Su CASETYP5: F CASE CASETYP6� CASE l'YP3: CASE TYPT ` CASE TYPO Date Scanned: 9126/13 file Location: FF Box #229 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, REGARDING THE SUNSHINE RANCH 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION RECITALS 1. Sunshine Ranch, LLC (hereafter "Applicant ") has applied to the Pitkin County Hearing Officer (hereafter "Hearing Officer ") for 1041 Hazard Review approval to establish a building envelope to construct a new single- family residence. 2. The property is located at 2298 Owl Creek Road, and is more specifically described in Exhibit A. 3. The property is zoned AFR -10 and contains approximately 4 acres. 4. The Hearing Officer heard this application at public hearings on January 8 and February 12, 1998, at which time evidence and testimony were presented with respect to this application. 5. The Hearing Officer finds that the proposed building envelope avoids the wetland and riparian areas and the floodplain of Owl Creek, and is located on slopes of less than 15 %; the wildfire hazard is rated as low, and can be mitigated; and the existing residence, though constructed in the 1910 -20s, is not listed on the County's Historic Inventory. 6. The Hearing Officer further finds that access from Mandalay Road on a bridge across Owl Creek is not acceptable, based on the existence of an alternate access directly off of Owl Creek Road which avoids the creek, wetland and floodplain by its location away from these areas. NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that approval is hereby granted to the Sunshine Ranch 1041 Hazard Review and Conceptual Submission, subject to the following conditions: 1. The applicant shall submit an amended 1041 Site Plan to the Community Development Department for approval and recording, prior to submission of any building permit applications. The site plan shall also be submitted in digital format for integration into the County's GIS system. The site plan shall be modified as follows: . A Amend the signature block for the Hearing Officer. ' � OOLJ01 C 111111111111111111111111111111111111111111111111111 IN 414588 03/17/1998 02:33P RDMIN DE DAVIS SILVI 1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO B. Include the following 1041 hazard waiver on the site plan: "1041 environmental hazard areas exist that might affect the property, any improvements, and the use and occupancy thereof." C. Include the following note on the site plan: "All structures shall be generally located as shown on this site plan. Structures in other locations shall require further review by the Hearing Officer." 2. Prior to issuance of a septic permit, the applicants shall provide documentation to the Environmental Health Department as to the quantity and quality of the water from the spring. 3. A septic permit shall be obtained from and approved by the Environmental Health Department, prior to issuance of a building permit. The septic system shall be located within the building envelope or the designated septic envelope. The system must comply with all minimum horizontal setback requirements between its components and physical features. The system must be designed by a qualified professional engineer. Soil tests must be performed to the satisfaction of and to meet the requirements of the Environmental Health Department. 4. A fireplace /woodstove permit shall be approved by the Environmental Health Department prior to issuance of a building permit. 5. The applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the structure. C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel. D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. E. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of the structure shall be reduced. H. All deadfall within the 100 foot perimeter shall be removed. I. Low vegetation shall be maintained within a 10 foot perimeter around all structures. J. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 6. The applicant shall comply with the following additional wildfire mitigation standards: A. Roof construction shall be Class A, non - combustible material with no flat roofs. B. Vents shall be screened with corrosive resistant wire mesh with mesh '/4 inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. G &uJ02 111111111111111111111111 IIIII lift ifil ill 11111111111 11 1 IN 414588 03/17/1998 02:33P RDNIN DE DAVIS SILVI 2 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 1111111IIIII HIM IIIIII11111II 111iiiIIIII1111IIII 414885 03/17/1998 02:33P ADMIN DE DAVIS SILVI 3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. G. Firewood /wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. H. Swimming pools shall be accessible to Fire Department vehicles. I. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above- ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire- resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. O. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. P. Utility lines shall be buried. The applicant shall comply with the following measures to mitigate impacts to wildlife: A. Only one dog is allowed, and the dog shall be kenneled. B. Fencing shall not exceed 42 inches in height with a maximum of 3 strands of wire or 3 rails. Horse feed shall be enclosed within a minimum 8 foot high, wildlife -proof fence, which shall be located within the building envelope. Existing fencing on the property shall be brought into compliance. C. All trash/garbage shall be kept in approved bear proof garbage containers. 8. No development, including grading, landscaping, vegetation removal or disturbance, shall occur outside of the approved building envelope, except for utility and driveway extension and maintenance, and as may be necessary to implement the wildfire mitigation measures required elsewhere in this document. 9. Access shall remain on Owl Creek Road, and if the driveway is to be relocated, it shall only be moved to the west of the existing location. The applicant shall obtain and the County Engineer shall approve an access permit prior to issuance of any building permits, if the access is to be relocated. If the driveway is not relocated, it shall be narrowed to no more than 16 feet in width to comply with applicable County standards. Any future requests for access other than that described herein shall require further review. 10. For any free market residential structure of 5,000 gross square feet or greater, the applicant is required to provide the following traffic studies: A. Prior to application for building permit the applicant shall provide for review and approval of the County Engineer a construction trip generation study. 0G11r'3 1 u1111111111111111u111 i11111111o11 111 1111111111111 414585 03/17/1998 02 :33P ADM DE DAVIS SILVI 4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO B. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a trip generation study for the residence, which shall be developed by a traffic engineering consultant hired by the applicant and pre- approved by the County Engineer. 11. Construction parking and material storage are prohibited on Owl Creek Road. 12. The applicant shall either obtain approval to deed restrict the existing residence as a caretaker or employee dwelling unit, or shall relocate or demolish the residence, prior to issuance of a certificate of occupancy for the new residence. Pursuant to Section 3- 200.60 of the Land Use Code, Demolition Extensions, prior to issuance of any building permits for the new residence, the applicant shall execute a guarantee in a form acceptable to the County Attorney insuring the demolition of the existing structure prior to issuance of a certificate of occupancy for the new residence, if approval has not been granted to retain the residence as a caretaker or employee dwelling unit. 13. All material representations made by the applicants in.the application or in public meetings shall be adhered to and considered conditions of approval, unless amended by other conditions. APPROVED ON THE 12TH DAY OF FEBRUARY, 1998. ATTEST: Sharon Hirman Administrative Assistant APPROVED AS TO FORM: John Ely, County Afforney PI 15 -97 2735- 043 -00 -008 \suzannew \pitkin \cases \1041\hearofftrobbins2.doc J'.� U'lJ 0 4 COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO By r2adkt Lance Clarke, Hearing Officer Date 2, APPROVED AS TO CONTENT: eptWdd-4- a_- fir• q'P Cindy Houben, Community Development Director 1/1 Wk T l' TO: Lance Clarke, Pitkin County Hearing Officer FROM: Suzanne Wolff, Planning Office RE: Sunshine Ranch 1041 Hazard Review and Conceptual Submission - Continued Public Hearing DATE: February 12, 1998 REQUEST: The applicant requests 1041 Hazard Review and Conceptual Submission approval for construction of a single family residence. The Hearing Officer continued the public hearing on January 8, 1998, to allow staff to research further the issue of historically irrigated pastures and to allow the applicant to provide additional information on the proposed building envelope and access. The applicant has prepared a revised site plan, which is included with this memo. The previous staff memo is attached for reference; only specific outstanding issues are addressed below. APPLICANT: Sunshine Ranch, LLC REPRESENTATIVE: Robert Sinclair, Robert Trown & Associates LOCATION: 2298 Owl Creek Road; southwest corner of the intersection of Owl Creek Road and Mandalay Road. ZONING/LOT SIZE: The property is zoned AFR -10 and contains approximately 4 acres. EXISTING CONDITIONS: The site contains an existing 2,600 square foot two -story wood frame house and a 1,300 square foot single -story slab on grade garage. The majority of the property is used for hay production. ISSUES: ildfir : As discussed at the January 8 hearing, Vince Urbina of the Colorado State Forest Service rated the wildfire hazard on the property as low, and recommended standard defensible space mitigation. The parcel is essentially flat and has been irrigated and used for hay production, therefore, wildfire hazard is minimal. Staff has included the current wildfire standards of Section 3- 80.70(C) as conditions of approval. Historically Irrigated Pasture: The standards in Section 3 -70 of the Code, Water Resources, are applicable to all development. Section 3- 70.60(C), Irrigated Areas, states that land uses shall "insure the preservation of at least 95% of the acreage historically available for human food production, or hay, grain and other feed crops for livestock." At the previous meeting the applicant's attorney, Mickey Herron, asserted that this provision was onerous and ambiguous, and destroys the value of the property. Mr. Herron questioned whether the provision has been uniformly imposed and noted that the provision does not obligate the owner 1i 4�Ui05 to continue to grow hay on the property. The County Attorney, John Ely, has made a determination that 2 acres (the area currently available for hay production) is not a viable area for food production or a hay operation, and, therefore, that the lot can be considered not to be available for food production and not to be subject to the provisions of Section 3- 70.60(C), Irrigated Areas. Access: The applicant has indicated an access to the property from Mandalay Road on the revised site plan which would span Owl Creek and the wetland and floodplain areas. The applicant has asked for a determination as to whether this access is a possibility before providing more detailed engineering studies. Bud Eylar, County Engineer, commented previously that access should not be allowed from Mandalay Road, since that would result in wetland, riparian and floodplain impacts. After reviewing the revised site plan, Mr. Eylar states, "The optional drive location is not acceptable as there is an acceptable and usable location in existence and the improvements to the existing drive have no 1041 impacts. A bridge across Owl Creek will impact wetland and riparian areas. Since avoidance is the preferred method of dealing with 1041 issues, the bridge would not be acceptable." Mike Villa, Wildlife Biologist, notes that a permit from the Army Corps of Engineers would not be required, as long as any and all impact is avoided by spanning the wetland entirely. However, avoidance by spanning the wetland would only be acceptable if there was no other feasible location. In this case the access can be located directly off of Owl Creek Road, thereby truly avoiding the wetland area. RECOMMENDATION: Pursuant to Section 3- 80.10(B)(2) of the Land Use Code, the Hearing Officer is authorized to approve a site plan and application for development of one single - family dwelling unit and customary accessory uses located within certain 1041 hazard areas. Staff recommends approval of the Sunshine Ranch 1041 Hazard Review and Conceptual Submission, subject to the conditions of approval in the attached Hearing Officer Determination. Attachments 1. Colorado State Forest Service comments 2. County Engineer's comments 3. Wildlife Biologist's comments 4. January 8, 1998 staff memo and attachments Application Amendment and Revised Site Plan provided separately 00GJ06 01/07;1998 11:34 9708533665 GITY OF FRUITA PAGE 01 State Senic Building 222 S. 6th Street. Room 416 January 7, 1998 Gmnd Junction, Culosdo91501 Telephone, (470) 24N -7325 Suzanne Wolff Aspen/Pitkin Community Development Department 130 South Galena Aspen, CO 81611 Re: Robbins 1041 Wildfire Hazard Review Suzanne, I read the application and inspected the site with Rob Sinclair the owner's representative on January 6th. Access to the site is from Owl Creek Road. The current driveway to the existing house originates at a right angle from Owl Creek Road. It would be wise to maintain that right angle access. The building envelope has a north access with a slope of 5 -10 %. The existing vegetation is pasture grass and would be rated as a low wildfire hazard. My only recommendations to mitigate any future wildfire hazard would be to establish a defensible space around all structures by incorporating the following. 1) Establish a 10 foot perimeter around all structures where the vegetation can be maintained at 6 inches or less (i.e.. mowed grass). Any future woody landscaping should be kept outside this perimeter. In addition, flammable material (i.e.. firewood) should be stored outside this 10 foot perimeter. 2) Future woody landscaping should allow for 10 foot spacing between the edge of tree crowns at maturity within a 30 foot perimeter around all structures. Given a choice of native plant material for landscaping I would recommend cottonwoods or aspen over spruces, pines and scrub (i.e., Gambel) oak. Cottonwoods and aspen do not contain the resins and low branching habits that our native conifers and oak have. Feel free to Cali me with any questions. Thank you for the opportunity to review this application. Sincerely, f\ A. Vince Urbina Assistant District Forester cc: Ed VanWalraven - Aspen FD Rob Sinclair 0 J�J07 MEMORANDUM To: Suzanne Wolff From: Bud Eylar Date: 2/6/98 Re: Sunshine Ranch revised site plan Suzanne, I have reviewed the new site plan and have the following comments: • The revisions to and the lengthening of the existing drive will require the applicant to acquire an Access Permit from the County Engineering Dept. • The optional drive location is not acceptable as there is an acceptable and usable location in existence and the improvements to the existing drive have no 1041 impacts. A bridge across Owl Creek will impact wetlands and riparian areas. Since avoidance is the preferred method of dealing with 1041 issues, the bridge would not be acceptable. UUUJ ®3 MEMORANDUM TO: Suzanne Wolff— Community Development FROM: Michael Villa -- Wildlife Biologist RE: Robbins Wetland Impacts DATE: February 5,1998 Suzanne, From the memo and new drawing that the applicant has submitted it appears that he is going to avoid impacts. Through the 404 process, avoidance is the first measure an applicant takes when dealing with potential impacts. Since they are avoiding any and all impacts by spanning the wetland entirely there is no need for a permit from the Army Corps of Engineers. UOLA3 Januan,22.1998 Mr. Lance Clarke Ms. Suzanne Wolff Hearing Officer Pitkin County Community Development Department 130 S. Galena Aspen, CO 81611 Re. Sunshine Ranch 2298 Owl Creek Road Dear Mr Clarke and Ms Wolff. 1't 013Wd013A30 Ajo inriWOJ 9661 Z7.mi t73A13338 Per our discussion of yesterday, and in compliance with the requirements of the 1041 Public Hearing on January 8, 1998, please accept this resubmittal of the Sunshine Ranch 1041 Site Plan I have attempted to illustrate all of the issues we discussed and will outline our responses in tlus letter as well Regarding the primary issue of establishing a building envelope, as we discussed we are not volunteering to limit our building envelope per se However, we are pleased to indicate the locations of all proposed structures, site amenities, and required services such as the septic field. The site is zoned for and we are intending to build up to 15, 000 square feet As you can see, the size of the septic field for a home of this size and the required 100 -foot setback, necessitate moving the house well back into the site. We are not in favor of thus scenano However, locating the septic system to the south of the property is not compatible with the required setback from our water source, Owl creek or the possibility of utilizing this open space for recreation or wildlife We are reevaluating the location of the driveway off Mandalay Road. As discussed, we would be happy to provide engineering for the required access and bridging of Owl Creek. We are proposing to span over sensitive areas as required, and use rmnmmm impact foundations as needed elsewhere. As we only met yesterday morning, I have not had sufficient response time for my engineers to make their recommendations However, we would like to get an indication of whether the proposed location provides a possibility, rather than investing too much time and expense into a proposal which would never be approved. I have enclosed eight copies of the revised 1041 Site Plan as requested. Please don't hesitate to contact me with questions or comments. Best regards, Robert Sincla Project G Architir ect encl 25 Lower Woodbridge Rd. • Suite 104 -B • P.O. Box 6820 • Snowmass Village, CO 81615 • (303) 923 -2644 • FAX (303) 923 -2599 P.O. Box 8952 • Newport Beach, CA 92658 • Telephone /Fax (714) 856 -1644 e Quinn, e: s ap a on r na ea X- Sender: debbieq @commons.co.pitkin.co.us Date: Mon, 19 Jan 1998 11:34:32 -0700 To: lancec @co.pitkin.co.us From: Debbie Quinn <debbieq @ci.aspen.co.us> Subject: Re: stapleton /tony robbins hearing officer 1041 review Cc: johne @co.pitkin.co.us Lance, I'm forwarding John's comments in light of our discussion this morning. On the West Ranch parcel, since the school parcel is being subdivided off a bigger parcel, the section shuld be addressed, as we discussed, in the context of the larger Aspen Downs /Aspen Valley Ranch parcels. Once you look at the prior approvals on those, and know the details of them and how they may relate to this application, let's talk again. Debbie >X- Sender: johne @commons.co.pitkin.co.us >Date: Thu, 15 Jan 1998 14:.52:43 -0700 >To: Debbie Quinn <debbieq @ci.aspen.co.us> >From: John Ely <johne @ci.aspen.co.us> > Subject: Re: stapleton /tony robbins hearing officer 1041 review >I got a call a while back from Mickey Herron on this and talked to Lance to >pass on my impressions and let him pursue it further. My feeling is that >this particular section of the code was intended to be applied in larger >scale ag property development. And in any event., when the code section is >applied strictly it would leave the owner without sufficient area >considering height limits to build to the level permitted in the zone >district. The solution Lance had of allowing a larger but still restricted >envelope did not thrill me either because it would an interpretational >application of the code instead of a strict application. I believe that the >language of the section is not ultimately applicable to this property >because of its size. I think that a finding can be made that none of the >property is available for food production because no one can practically hay >approximately 2 acres of land( the total size minus the set back and >riparian areas) without it being part of a greater parcel which is not the >case here. Therefore if we find that the lot is not available for food >production than the review proceeds as it would have before Lance found this >provision.At 12:45 PM 1/15/98 -0700, you wrote: >>John, >>In this application, lance and suzannew advised mickey herron that the >>provisions of 3 -70.60 of our code, requiring preservation of 95%- of acreage >>historically available for food production, hay, etc.,, precludes him as >>hearing officer from allowing the entire 4+ acre parcel from being the new >>building envelope. This is a parcel on owl creek, a remainder of the old >>stapelton ranch ,historically irrigated, but maybe not currently, with Debbie Quinn, 1:3 , Re: Stapleton 1�y robbins ea thr >>old building right next to the road. The proposal is to get rid of the >>existing building and have the entire parcel available for residence and >>accessory uses. Lance wants to limit development to a building envelope of >>the approximate half acre size, anywhere on the parcel, to correspond with >>the size of the existing development, and to satisfy the code requirement, >>but is concerned that we have not enforced this code provision in the past. >>Do you have any history on this? Lisa, do we have the referral materials on it? >>Debbie >John Ely J j V.J -_L IPr nted for Lance ar e < ancec co.pitkin.co.us - > - —�� MEMORANDUM TO: Lance Clarke, Pitkin County Hearing Officer FROM: Suzanne Wolff, Planning Office RE: Stapleton 1041 Hazard Review and Conceptual Submission DATE: January 8, 1998 REQUEST: The applicant requests 1041 Hazard Review and Conceptual Submission approval for construction of a single family residence. APPLICANT: Estate of Marjorie I. Stapleton REPRESENTATIVE: Jeffrey Hancox, Robert Trown & Associates LOCATION: 2298 Owl Creek Road; southwest corner of the intersection of Owl Creek Road and Mandalay Road. ZONING/LOT SIZE: The property is zoned AFR -10 and contains approximately 4 acres. EXISTING CONDITIONS: The site contains an existing 2,600 square foot two -story wood frame house and a 1,300 square foot single -story slab on grade garage. The majority of the property is used for hay production. REFERRAL AGENCIES: Comments from Zoning, Environmental Health, Aspen Fire Marshal, Historic Preservation Officer, County Engineer and Wildlife Biologist are incorporated throughout this memorandum and are attached for reference. Zoning: Joanna Schaffner notes that the proposed building envelope lies within the 100 foot major road setback. Structures are not allowed within the setback without the approval of the Board of Adjustment. Historic Preservation Officer: Amy Guthrie estimates that the house was constructed in the 1910 -20s, based on its style. However, the house is not included on the County's Historic Inventory, therefore, the County does not have authority over its demolition. Mrs. Guthrie suggests that the applicant consider certain options under the Code for preservation of the residence (second residence or caretaker /employee dwelling unit) or that the house could be offered for relocation. STAFF COMMENTS Wildfire: The property is mapped within a low wildfire hazard area. The application was forwarded to, but not received by, the Colorado State Forest Service. Another copy was sent on December 29, so comments were not available to include in this packet. The parcel is essentially flat and has been irrigated and used for hay production, therefore, wildfire hazard is minimal. Staff has included the current wildfire standards of Section 3- 80.70(C) as conditions of approval. j�313 Wildlife: Mike Villa, Wildlife Biologist, notes that the parcel is used extensively by deer and elk, and recommends that a portion of the historic hay fields be removed from the building envelope, which, as proposed, encompasses over 80% of the parcel. Mr. Villa also recommends the following conditions of approval: • Only one dog shall be allowed on the property, and the dog shall be kenneled. • Fencing shall not exceed 42 inches in height with a maximum of 3 strands of wire or 3 rails. • All trash /garbage shall be kept in approved bear proof garbage containers. Fl lain: Owl Creek flows from south to north through the property. The 100 year floodplain for Owl Creek was delineated by Wright Water Engineers. Their analysis shows that a 100 year event is contained within the banks of Owl Creek, except in the northeast corner of the parcel, where flooding occurs due to a blockage in the Owl Creek Road culvert. The building envelope avoids the 100 year floodplain. Wetlands: Wetlands are located adjacent to and to the east of Owl Creek, except in the northeast corner of the parcel, where the wetlands also extend to the west of the creek. The wetlands were delineated by Wright Water Engineers. Riparian areas basically coincide with the boundaries of the wetland areas. The building envelope avoids the wetland and riparian areas, and complies with the minimum stream setback of 20 feet. Geologic: The parcel is comprised of slopes of less than 15 %, except the bank adjacent to the creek, which is not included within the building envelope. The report from Wright Water Engineers notes that the main soils on the parcel are Fluvaquents, [which] are deep, poorly drained soils.... The USDA Soil Survey identifies these soils as generally being poorly suited for homesite development due to a seasonally high water table." Based on these soil conditions, staff recommends that the applicant submit a drainage and erosion control plan at building permit for review by the County Engineer. Runoff shall be maintained on- site through landscaping, drainage patterns, dry wells, etc. Historically Irrigated Pasture: The standards in Section 3 -70 of the Code, Water Resources, are applicable to all development. Section 3- 70.60(C), Irrigated Areas, states that land uses shall "insure the preservation of at least 95% of the acreage historically available for human food production, or hay, grain and other feed crops for livestock." Staff estimates that slightly less than 75% of the 4 acre parcel (2.9 acres) has been historically irrigated and used for hay production; this figure was determined by subtracting 0.6 acres for the wetland /floodplain area and 0.5 acres for the previously disturbed area. Therefore, 95% of the historically irrigated area is approximately 2.75 acres, which would have to be preserved; or 0.15 acre could be developed. Staff feels that this restriction is excessive given the size of the parcel and the setback restrictions. Staff would consider limiting the building envelope to the existing disturbed area, which contains approximately 0.5 acre, however, the majority of this area is located within the required setbacks, therefore, redevelopment could not occur in this area. Therefore, staff recommends that the building envelope be limited to 0.5 acre, which corresponds with the amount of the already disturbed area, and that the envelope be located at the front of the parcel, contiguous to the 100 foot major road setback line. Staff would also recommend allowing the building envelope to extend within the 100 foot major road setback, but outside of the 50 foot front yard setback, only to accommodate the septic field (if less than 30 inches in height). All structures shall be located outside of the 100 foot setback, and all development shall occur within the building envelope. 00GJ14 Water & Sewer: The existing residence has been served since the 1940s by the Bernard Stapleton Spring No. 1, which is located approximately 2,000 feet southeast of the house. Betsey Kipp of the Environmental Health Department notes that the supply is adequate for a single family residence. Water quality tests showed measurable discoloration, turbidity and hardness, and an elevated coliform count. The applicant will have to filter and treat the water. The existing septic system was installed in 1974 and repaired in 1989; it is assumed that a new system will be installed for the new residence. Mrs. Kipp notes that the Owl Creek area historically has a high groundwater table, therefore, soil tests must be performed during the months of highest groundwater levels (usually June /July), in order to accurately design the septic system and assure that water resources will be protected and the aquatic ecosystems undisturbed. The septic system must be located within the building envelope, and as of January 1, 1998, must be designed by a professional engineer. Access: Bud Eylar, County Engineer, notes that access shall remain on Owl Creek Road, and if the driveway is to be relocated from the existing location, it may only move to the west. Mr. Eylar recommends that the driveway be narrowed to no more than 16 feet in width to comply with applicable County standards, and if the access is relocated from the existing location, the applicant shall obtain and the County Engineer shall approve an access permit prior to issuance of any building permits. Access shall not be allowed from Mandalay Road, since that would result in wetland, riparian and floodplain impacts. RECOMMENDATION: Pursuant to Section 3- 80.10(B)(2) of the Land Use Code, the Hearing Officer is authorized to approve a site plan and application for development of one single- family dwelling unit and customary accessory uses located within certain 1041 hazard areas. Staff recommends approval of the Stapleton 1041 Hazard Review and Conceptual Submission, subject to the conditions of approval in the attached Hearing Officer Determination. Attachments I . Zoning memo 2. Environmental Health memo 3. County Engineer memo 4. Wildlife Biologist memo 5. Aspen Fire Marshal memo 6. Historic Preservation Officer memo 7. Colorado State Forest Service Comments Application and Site Plan provided separately 0 J U J 15 Water & Sewer: The existing residence has been served since the 1940s by the Bernard Stapleton Spring No. 1, which is located approximately 2,000 feet southeast of the house. Betsey Kipp of the Environmental Health Department notes that the supply is adequate for a single family residence. Water quality tests showed measurable discoloration, turbidity and hardness, and an elevated coliform count. The applicant will have to Altgr and treat the water. The existing septic system was installed in 1974 and repaired in 1989; it is assumed that a new system will be installed for the new residence. Mrs. Kipp notes that the Owl Creek area historically has a high groundwater table, therefore, soil tests must be performed during the months of highest groundwater leve s e July), in order to accurately design the septic system and assure that water resources will be protected and the aquatic ecosystems undisturbed. The septic system must be located within the building envelope, and as of January 1, 1998, must be designed by a professional engineer. Access: Bud Eylar, County Engineer, notes that access shall remain eek Road, and if the driveway is to be relocated from the existing location, it may onl move to the west. Mr. Ey ar recommends that the driveway a narrowed to no more than 16 feet in width to comply with applicable County standards, and if the access is relocated from the existing location, the applicant shall obtain and the County Engineer shall approve an access permit prior to issuance of any building permits. Access shall not be allowed from Mandalay Road, since that would result in wetland, riparian and floodplain impacts. RECOMMENDATION: Pursuant to Section 3- 80.10(B)(2) of the Land Use Code, the Hearing Officer is authorized to approve a site plan and application for development of one single - family dwelling unit and customary accessory uses located within certain 1041 hazard areas. Staff recommends approval of the Stapleton 1041 Hazard Review and Conceptual Submission, subject to the conditions of approval in the / attached Hearing Officer Determination. cI'ccCU- Attachments ct C C _�pq 1. Zoning memo 2. Environmental Health memo 3. County Engineer memo 4. Wildlife Biologist memo 5. Aspen Fire Marshal memo 6. Historic Preservation Officer memo 7. Colorado State Forest Service Comments Application and Site Plan provided separately f c'Ft(d ' C;t 1,� 0%q-1 K 1/h. n.�l.C. (ti!•r5 LI, �Z.`' --f' L- I y i, I,t4�iP�•`� (I > l /�Q rZ �,'r,.�L"�C.C'� -. 1= 'yi(l'- .�Cl ✓�) Cct., F Sc.1ur I-C St�SLc� Lvr � rie�cl.t<�i«d� -cCj cttt,� I -( d n� c l v 3 u V J J_ MEMORANDUM To: Lance Clarke, Community Development Department From: Betsey Kipp, Environmental Health Department 61(, Date: December 12, 1997 Re: Robbins 1041 Hazard Review Parcel ID #2735 - 043 -00 -008 The Aspen / Pitkin Environmental Health Department has reviewed the details of the Robbins application under the authority of the Pitkin County Land Use Code and has the following comments. ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2 -17 and 3 -1104: "It is the policy of the County to insure the availability of a water supply of adequate quality, quantity, pressure and dependability for fire protection and support of a proposed land use prior to approval of the use. The County shall require land uses to hook up to existing public systems if service is available." The application provides documentation that domestic water for this property is obtained from the Bernard Stapleton Spring No.1 and that there is an adequate supply for a single family residence. The results of the laboratory sampling for the drinking water revealed an elevated coliform count. Hardness and turbidity counts were also higher than the recommended limits. Household treatment units include filtration, ultraviolet light radiation, chlorination, carbon filtration, etc. The applicant should contact a water filtration and treatment company for recommended alternatives. Documentation of the quantity and quality of water for domestic use will be required for the septic system application. There is no further condition of approval at this time. SEWAGE TREATMENT AND COLLECTION: Sections 2 -18 and 3 -1105: "It is the policy of the County to ensure that adequate sewage treatment facilities are available to serve existing and new developments. Public and private sewage disposal systems and connections to such systems shall comply with the sewage disposal guidelines of Pitkin County's Individual Sewage Disposal System Regulation." rnnkd on RecydM Paper UUU I Lots in the Owl Creek area are served by individual septic systems. All such systems installed within Pitkin County require septic permits issued by the Environmental Health Department. A septic permit must be issued before a building permit can be approved. To receive a septic permit, the applicant will need to submit a septic permit application and appropriate fee; percolation test results and profile hole information; site plan; floor plan and a copy of the County's 1041 approval. Domestic wastewater systems will require an engineer design effective January 1, 1998. The septic system must be located within the building envelope. The septic system that services the existing dwelling was originally installed in 1974 and repaired in 1989. It is assumed that the proposed single family home will be serviced by its own septic system. All minimum horizontal setback requirements for placement of the septic system must be met which includes distances from buildings, water lines, irrigation ditches and surface waters, and other septic systems on a property. Setback distances from water sources increase when the calculated waste flow is in excess of 1,000 gallons per day. A leach field must not be placed in a driveway or area of traffic. Pitkin County's Sewage Regulation prohibits a new or expanded septic system to be installed in a floodplain. The Owl Creek area historically has a high groundwater table due to the creek and irrigation that occurs in the area. Soil tests must be performed during the months of highest groundwater levels (usually June, July), so that the septic system can be designed accurately and with the assurance that the water resources will be protected and the aquatic ecosystems undisturbed. A condition of approval for this application is the receipt and approval of the septic permit by the Environmental Health Department before a building permit can be issued. WATER QUALITY IMPACTS: Sections 2 -14 and 3 -705 and 3 -710: "it is the policy of the County to preserve and protect its present water resources. To this end it is the policy of the County that no land use be initiated which would adversely affect the quantity, quality, or accessibility of the County's water resources; or which would occur at the expense of established water - dependent agricultural activities; or which would result in increased salinization of water resources, loss of minimum stream flows, further destruction of wildlife habitat, or major expenditures to reacquire or redistribute major water resources. It is also the policy of the County to maintain a natural vegetative buffer along its surface waters such that the surface and groundwaters of the area are not encroached upon by land uses or other human activrhes which could cause deterioration of water quality or impair the natural treatment processes provided by meadows and wetlands." The Environmental Health Department will be addressing water quality impacts on down stream water quality. This application is not expected to impact down stream water quality if the minimum horizontal distances between components of the system and physical features are in accordance with the Pitkin County Sewage Regulations. pnnkd—Re Wraper :J ti iiU111-8 The Environmental Health Department is charged with preserving and protecting the quality of Pitkin County's water resources. Since a large percentage of the population is dependent upon water from wells, elimination of groundwater pollution, and protection of aquifers and their drainage areas are of utmost importance. Roofs and asphalt areas can be nonpoint sources of water discharge which can contaminate water supplies. This Department recommends that nonpoint sources of discharge be retained on the property of origin which can be accomplished through landscaping, drainage patterns, detention ponds, and dry wells for water runoff from buildings. The County Engineer must review the paving and drainage plans for the proposed project. AIR QUALITY: Sections 2 -13 and 3 -602: "Only that development is permitted which will not contribute significantly to degradation of air quality in Pitkin County. Developments may not constitute an indirect or direct air pollution source under Federal, State or County regulations." This project is not expected to contribute significantly to degradation of air quality in Pitkin County. FIREPLACE The applicant must file a fireplace /woodstove permit with the Environmental Health Department before the building permit will be issued. The less densely populated parts of Pitkin County like this site may have two devices per building: a maximum of one wood burning fireplace and a second device which can be either a gas log fireplace or a certified woodstove. In addition, unlimited numbers of decorative gas appliances are allowed. Coal may not be burned in any device. No wood burning device may be installed in barns or agricultural buildings. A condition of approval will be the receipt and approval of the fireplace /woodstove permit by the Environmental Health Department before the building permit can be issued. is the policy of the County to ensure that no use or development of land is permitted County, the State of Colorado, or the United States of America." TH LAWS: Section 2 -7: -it s in violation of the laws of the This Department is not aware of any issues of concern regarding other environmental health laws. Printed on Re,,ded Paper 006J17, MEMORANDUM To: Suzanne Wolff From: Bud Eylar Date: December 30, 1997 Re: Robbins 1041 Hazard Review V Suzanne, I have reviewed the application and have the following comments: It is noted that the access to the property is to remain on Owl Creek Road. The present driveway shows as approximately 35 +/- at the property line. It is suggested that this drive be narrowed to no more than 16 feet in width to meet applicable county standards. If the location of the drive is to shift, it may only move to the west. Further if there are significant changes in the location or the length of the drive, the applicant shall submit plans, including alignment drawings and profiles of the driveway to be approved before the issuance of a building permit. Under no circumstances shall access be allowed to Mandalay Ranch Road. If the development exceeds 5000 sq. ft in size then the applicant shall submit a Construction Traffic Control and Parking management Plan before the issuance of a building permit. This shall be submitted to the county engineer for approval. Note: under no circumstances will construction parking or material storage be allowed on Owl Creek Road. UUvj20 M E M O R A N D U M TO: Suzanne Wolff, Planning FROM: Joanna S. Schaffner, Zoning DATE: December 26, 1997 RE: Robbins 1041 Hazard Review Parcel ID# 2735- 043 -00 -008 I have reviewed the above referenced application and offer the following comments: ZONE: AFR -10, ten acre minimum lot size This parcel contains approximately 4 acres and is non - conforming in size. SETBACKS: The 100 50 30 30 20 required setbacks for this parcel are foot Major Road setback as measured from owl Creek Road right -of -way foot front yard setback foot side yard setback rear yard setback foot minimum stream setback The proposed building envelope lies within the 100 foot major road setback. Development will not be approved in this area without the approval of the Board of Adjustment. The envelope should be reduced to eliminate this area. FLOOR AREA: The maximum allowed floor area on this parcel is a total of 15,000 square feet, and includes all structures. OTHER: Development is not permitted outside of approved building envelopes unless specified by this or other County approvals. This includes entry or ranch gates, septic systems and landscaping. Is this ranch to be known as Robbins, Stapleton, or Sunshine? There should be some consistency between the file name, the application name, and the title of the site plan. No building permits have been found for the existing structures. v3u321 MEMORANDUM TO: Suzanne Woolf -- Community Development Planner FROM: Michael Villa -- Wildlife Biologist RE: Robbins Review DATE: December 29,1997 Suzanne, I have reviewed the Robbins Parcel application and completed a site visit to the parcel and have the following comments. The development envelope as shown'on the site plans avoid wetland and riparian habitat. If access remains off of Owl Creek Road then all wetland impacts will be avoided. If access is attempted off of Mandalay Rd it will likely result in Wetland, Riparian and Floodplain impacts. The Development envelope as shown on the site plans encompasses over eighty percent of the total parcel at 4.0165 acres. The parcel is used extensively by deer and elk. The historic hay fields have, and continue to receive use by large animals and a large portion should be maintained. Removal of a portion of the hay fields from the development envelope is suggested. The following conditions should be applied as conditions of approval. 1. Fencing should comply with CDOW standards 42 inch three strand barbed wire or three rail fence. 2. Bear proof Garbage containment. 3. One kenneled dog. These are my comments as they relate to the Robbins application. If you have any questions please call me at #5395. I uJUU2 �.o MEMO To: Lance Clark, Community Development Dept. From: Ed Van Walraven, Fire Marshal Subject: Robbins 1041 Hazard Review Parcel ID #2735- 043 -00 -008 Date: November 25, 1997 Lance, This project shall meet all of the applicable codes and requirements of the Aspen Fire Protection District. This includes, but is not limited to, the installation of the applicable fire sprinkler system, and access. Please feel free to contact me if you have any questions or concerns. Thank you ��La23 Amy Gut r e, : 4 .2%24J9� obbins IQ4� X- Sender: amyg @comdev Date: Wed, 24 Dec 1997 10:49:55 -0700 To: Lancec @ci.aspen.co.us From: Amy Guthrie <amyg @ci.aspen.co.us> Subject: Robbins 1041 Lance, sorry I'm late on this. I've reviewed the application. There is almost no mention of the existing house in the application, and the proposed building envelope runs through it, so I assume they mean to tear it down. It is a historic house, probably built in the 1910's or 20's based on the style. It has a really awkward addition slammed onto the front of it right now. The house isn't on our lame Pitkin County Inventory, so I really have no authority over it's demolition. I wonder if Tony has considered the historic guest house idea? A caretaker unit? It would need some renovation /restoration probably. If nothing else, it might be offered for relocation if someone wants to take it. 0O J24 rP inEe or ance ar e < ancec co.pi- 'tkin.co.us> 1� OCT.22.1997 9 :39RM v �[.a ,`37 ,09 39HM M6 oe6ob®r 21, 1W IYe: Board Of owwaalftef CO" Will FMPM 110 ee{d pmw Tire ad* ofAud ROBERT TROWN ASSOC NO K- P.2 REIELD FECFT039M NW'a r:�'� i of y STEWART vW w • aBV9L earDwvJO x1911 • 987,86Tr • FPX (M.10M.164 1, 1 ' I t: In Sedan 4. T10S, pMW; Our Order No. 24M r ere, PMldn Count, Coloma: pen hee mndue{ed a amptn of 4%apProplo° Mot a Cirq�t�edo at P p m R nst'Ma(a) o e f. Stepi0lep wn *VV. ddMded *We NrW pemd bV dead iMOOBdai3OalOper 1ih . = , , 61„ 1erdH1 Conveyed aWraurWhq Rloper4► and'IeR Yfe+iUb3 P ae . 1567 hn 11100 at a rwnaindar. A ego of said deed Is afgw{led irefBia- { or" apprapriP � aerate reeardi, Beano k?w a�*- P*#ur *< 9Ased upEd cl don, tlrart ek mrah deoadarvanY 1, 1g7Z hoe owner of Bro subject preyritly e� b) ay a4w, This sieferr►ertt a1 womb" On clef SuetWr.$r of 111{e ar+d ID {ntiendrd epeefAwRlr " of the tabard aF Cprnrf7MelerNre etpilidn and mm{uel4** for use of tinwm of jM r of *k MrwW es said •YrWW 10 end loWcoOrwAf jomft an, n it undersimd an I **@d tlret 9�t owd TINe at at1aM , Ina. neNw oeiaht5, wlli de durtg5d wql► argi IN+ar�lY aplM>etlana er gum j:• e{rraer�eq�, POW p, DowY � S.V.P. i E LJ25 ;' OCT.22,1997 9 :30AM ROBERT TROWN ASSOC UV I CL - 97 by:;?yHM GAM- 1F 1 13 VECKF .RONALD dARF:ELD" ANDREW Y. HECRT"d M=Am I. Immow -- DAVID L. LENYO mArrBEW C, FER01130Ne ARISTI S. Fa AROeee' srm rwl m pk.TMKNK »rw uesmd m w.Mr eremu a Irk `•-Uw edaA.d m 15761. sw «serf. ee.Ged ib w.myhwhl. GAIRFI ELD & HEMP P.G. ATTaaNOr5 AS LAW VWMRIAN SQUARE $1 VINO 6D1 BAST' "MAN AVOM ASPEN, C01.0RADO 81611 FACS]ty= COM SMT TO: Mr. )effsey Hama Robert Trom ex Associates FAX NO.: 923 -2399 FROM: Michael 3. Herron, Esq. - • P'; NO. e54' --..P.3 P.1• DATE: October 22, 1997 RE: Stapleton Property A. Tool number of P 2 (incluft amt slisfid. If you do not mmmivr-d of 40 '14a16 .0 Ch W m at 970. 925.1936 as soon as Possible• lt4MTANT: THIS COMMUNICATION IS i MI)ED SOMLY FOR THE USE OF TiM Na MP AMU V t OR OTHERS AUTHORIZED To RECEIVE IT. THIS COM MUNKAIION MAY IU VS.EW AND CONFIDENTIAL INFORMATION AND ANY USE, DISSH•IMATON� OA REFRODOCt1 {Y t111�►1#fFI nLA PERSOM IS ANCLU7ELY PROMITED. IF YOU HAVE RECEIVED THIS COMMUNIQ i!1 it NOTIFY THE SENDER IMMEDIATELY, THESE ARE TRANdMrMD: For Approval For Your Sly UKv For R�eN w an/ d CoMnmt �.� At Requoted !1�uuj26 s PLEASE TAKE THE FOLLOWING AC:"R! ROMM GA Upon Receipt aed R%' i il�l�iioded e11 fa7C1e61wPtt I >� `'A•ReiL _ `- Fldrt�a '.dP':'1r: Fi- DATE: October 22, 1997 RE: Stapleton Property A. Tool number of P 2 (incluft amt slisfid. If you do not mmmivr-d of 40 '14a16 .0 Ch W m at 970. 925.1936 as soon as Possible• lt4MTANT: THIS COMMUNICATION IS i MI)ED SOMLY FOR THE USE OF TiM Na MP AMU V t OR OTHERS AUTHORIZED To RECEIVE IT. THIS COM MUNKAIION MAY IU VS.EW AND CONFIDENTIAL INFORMATION AND ANY USE, DISSH•IMATON� OA REFRODOCt1 {Y t111�►1#fFI nLA PERSOM IS ANCLU7ELY PROMITED. IF YOU HAVE RECEIVED THIS COMMUNIQ i!1 it NOTIFY THE SENDER IMMEDIATELY, THESE ARE TRANdMrMD: For Approval For Your Sly UKv For R�eN w an/ d CoMnmt �.� At Requoted !1�uuj26 s PLEASE TAKE THE FOLLOWING AC:"R! ROMM GA Upon Receipt aed R%' i il�l�iioded e11 fa7C1e61wPtt I SEP. 8.1997 3:01PM STEWART TITLE ASPEN STEWART TIME OF ASPEN INC OWNERSHIP AND ENCUMBR OU REPORT Order No.: 00023 �42-c5 PREPARED FOR: �ic�ARSIBLD AND RacaT, P.C. STEWART 7711.E Of ASPEN, AVC. HEREBY CERTN EI from a search of the books in this office that title to: See Attached Legal Description situated in the Coto I of Pitkin, State of Colorado, appears to be vested in the name of.. THE ESTATE bF MAR,70ASS I. STAPLBTON and that the above described property appears to be subject to the following liens: 1. NONE NO. 701 P.2 EXCEPT any and all razes and assessments. EXCEPT all easemer. rs, rights of way, restrictions and reservations of record. This report does not teflect any of the following matters: (1) Bankruptcies width, from date of adjudication of the most recent banbVtcies, antedate the report by more than fourteen (14) years. (2) Suits and judgmll which, from date of entry, antedate the report by more than seven (7) years or until the governing statuelof limitations has expired, whichever is the longer period. (3) Unpaid tax lien] which, from date of payment, antedate the report by more than seven years. Although we believe dhe faeu stated are true, this letter is not to be construed as an abstract of title, nor an opinion of title, nor a guarm ay of title, and it is understood and agreed that Stewart TYtle of Aspen, Inc., neither assumes, nor will be charged Trh any financial obligation or liability whatever on any statement contained herein. Dated: rune 09, 1997 at 7.30 A.M. , at Aspen, Colorado STEWART T= QF ASPEN, INC. «SEP. 8.1997 3 :01PM STEWRRT TITLE RSPEN STEWART TITLE OF ASPEN INC. OWNERSHIP AND ENCUAhF160 ;E REPORT OrderNo.: 000231i42 -c5 - -- PREPARED FOR: IcA"zzzv Anm ExcST, P. c. STEWART ITT7.E OF, ASPEN, INC. HEREBY CERTIFIES from a search of the books in this office that title to: See Attached Legal Deacription V situated in the Counrl of Pitkin, State of Colorado, appears to be vested in the name of.- THE ESTATE bH MUM= Z. STAPZZT= and that the above described property appears to be subject to the following liens: 1. NONE � NO. 701 P.2 EXCEPT any and oil taxes and assessments. EXCEPT all easemer rs, rights of way, restrictions and reservations of record. This report does not teflect any of the following matters: (1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report by more than fourteen (14) ye s. (2) Suiu and judgmF which, from date of entry, antedate the report by more than seven (7) years or until the governing statuelIof limitations has expired, whichever is the longer period. (3) Unpaid tax ;leg which, from date of payment, antedate the report by more than seven years. Although we believe d facts stared are true, this letter is not to be construed as an abstract of title, nor an opinion of title, nor a of title, and it is understood and agreed that Stewart n1le of Aspen, Inc., neither assumes, nor will be charged �ytth any frnancial obligation or liability whatever on any statement contained herein. Dated: rune 091, 1997 at 7:30_A.M. , at Aspen, Colorado S7EWART TTTZE QFASPEN, INC. I SEP -24 -1997 07:44 FROM ASPEN /PITKIN COM DEV TO 9- 9232599 P.03 4 44t, � a Cow vnJNrrY DEVELOPMENT DEPARTMENT PTTKIN COUNTY (h r COUNTi� and �/) /� (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT bas submitted to COUNTY an applicationf f6 (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Resolution No. 95 -326 establishes a fee structure for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and COUNTY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. 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 hill 060 to decision. ,: v SEP -24 -1997 07:44 FROM ASPEWPITKIN COM DEV TO 9- 9232599 P.04 5. 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 an initial deposit in the amoi of S which is for _ hours of Planning staff time, and if actual ieoorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PIT143N COLMY Cindy Houben Communitv Development Director JOLJ30 2 APPLICANT 1 t*lq 4 -m 1-1-- Date: Mailing Address: -Po6VX �8a S%I117� 55 (/114a 9e eo. SOWS' 4,,.4 . I MN TOTAL P.04 00 - 008" 9-? RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Michael ]. Herron, Esq. GARFIELD u HECHT, P.C. 601 East Hyman Avenue Aspen, Colorado 81611 STATUTORY POWER OF ATTORNEY NOTICE: UNLESS YOU LIMIT THE POWER IN THIS DOCUMENT, THIS DOCUMENT GIVES YOUR AGENT THE POWER TO ACT FOR YOU, WITHOUT YOUR CONSENT, IN ANY WAY THAT YOU COULD ACT FOR YOURSELF. THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE "UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT", PART 13 OF ARTICLE 1 OF TITLE IS, COLORADO REVISED STATUTES, AND PART 6 OF ARTICLE 14 OF TITLE IS., COLORADO REVISED STATUTES. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH -CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT "), BROAD POWERS TO HANDLE YOUR PROPERTY AND AFFAIRS, WHICH MAY INCLUDE POWERS TO PLEDGE, SELL, OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS FORM DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS; BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFITAND IN ACCORDANCE WITH THE PROVISIONS OF THIS FORM AND MUST KEEP A RECORD OF RECEIPTS, DISBURSEMENTS, AND SIGNIFICANT ACTIONS TAKEN AS AGENT. YOU MAY NAME SUCCESSOR AGENTS UNDER THIS FORM BUT NOT CO-AGENTS. UNTIL YOU REVOKE THIS POWER OF ATTORNEY OR A COURT ACTING ON YOUR BEHALF TERMINATES IT, YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU MAY BECOME DISABLED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THIS POWER IN THE MANNER PROVIDED BELOW. M. \micmmpNwp60 \OM) H \SUNSHIN E.RCH\poa u O G, 0 s 1 1111111 11111 111111 1111 111111111111 IIIII III IIIII IIII IIII 426394 01/08/1999 01:28P POR DAVIS SILVI 1 of 7 R 36.00 D 0.00 N 0.00 PITKIN COUNTY CO YOU MAY HAVE OTHER RIGHTS OR POWERS UNDER COLORADO LAW NOT SPECIFIED IN THIS FORM. I, Sam Georges, Manager of Sunshine Ranch, LLC, a Colorado limited liability company, of Pitkin County, Colorado, appoint Michael J. Herron of Aspen, Colorado as my agent (attorney -in -fact) to act for me in any lawful way with respect to the following initialed subjects: TO GRANT ONE OR MORE OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING. TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD. Initi,C (A) _ Real property transactions (when properly recorded). (B) _ Tangible personal property transactions. (C) _ Stock and bond transactions. (D) _ Commodity and option transactions. (E) Banking and other financial institution transactions. (F) _ Business operating transactions. (G) _ Insurance and annuity transactions. (H) _ Estate, trust, and other beneficiary transactions. (1) _ Claims and litigation, (J) _ Personal and family maintenance. (K) _ Benefits from Social Security, Medicare, Medicaid, or other governmental programs or military service. (L) Retirement plan transactions. (M) _ Tax matters. UNLESS YOU DIRECT OTHERWISE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED OR TERMINATED AS SPECIFIED BELOW. STRIKE THROUGH AND WRITE YOUR INITIALS TO THE LEFT OF THE FOLLOWING SENTENCE IF YOU DO NOT WANT THIS POWER OF ATTORNEY TO CONTINUE IF YOU BECOME DISABLED, INCAPACITATED, OR INCOMPETENT. I. ( ) This power of attorney will continue to be effective even though 1 become disabled, incapacitated, or incompetent. M: \mic temp \"60 \OM]H \SUNSHINE.RCH \poa 2 3 i1 � U-13 2 1 11111 1111 11111 1111 HIM 11111 11��1111 �111�I1111 IN 2 of 7 R 36.00 0 0.00 N 0.00 PITKIN COUNTY CO YOU MAY INCLUDE ADDITIONS AND LIMITATIONS ON THE AGENT'S POWERS IN THIS POWER OF ATTORNEY IF THEY ARE SPECIFICALLY DESCRIBED BELOW. 2. The powers granted above shall not include the following powers or shall be modified or limited in the following manner (here you may include any specific limitations you deem appropriate, such as a prohibition of or conditions on the sale of particular stock or real estate or special rules regarding borrowing by the agent): Limited by the provisions of paragraph 4 below. 3. In addition to the powers granted above, I grant my agent the following powers (here you may add any other delegable powers, such as the power to make gifts, exercise powers of appointment, name or change beneficiaries or joint tenants, or revoke or amend any trust specifically referred to below): None. 4. Special instructions. On the following lines you may give special instructions to your agent: This Power of Attorney is limited specifically to the execution by Michael 1 Herron on behalf of Sunshine Ranch, LLC, a Colorado limited liability company of a 1041 Plat Map for certain real property owned by the Company and for no other purposes whatsoever. A legal description of the property of the Company for which this plat map governs is attached hereto and made a part hereof as Exhibit "A." YOUR AGENT WILL BE ENTITLED TO REIMBURSEMENT FOR ALL REASONABLE EXPENSES INCURRED IN ACTING UNDER THIS POWER OF ATTORNEY. STRIKE THROUGH AND INITIAL THE NEXT SENTENCE IF YOU DO NOT WANT YOUR AGENT TO ALSO BE ENTITLED TO REASONABLE COMPENSATION FOR SERVICES AS AGENT. THIS POWER OF ATTORNEY MAY BE AMENDED IN ANY MANNER OR REVOKED BY YOU AT ANY TIME. ABSENT AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED IN THIS POWER OF ATTORNEY IS EFFECTIVE WHEN THIS POWER OF ATTORNEY IS SIGNED AND CONTINUES IN EFFECT UNTIL YOUR DEATH, UNLESS YOU MAKE A LIMITATION ON DURATION BY COMPLETING THE FOLLOWING: M:\m¢ temp \wp60 \0M]H \5U NSHINE.RCH \poa 3 3 3 U 0 3 3 1 111111 IIIII 111111 IIII 111111 111111 426394 01/08/1999 01:26P POR DAVIS SILVI 3 of 7 R 36.00 D 0.00 N 0.00 PITKIN COUNTY CO 6. This power of attorney terminates on January 31, 1999 (insert a future date or event, such as court determination of your disability, when you want this power to terminate prior to your death). BY RETAINING THE FOLLOWING PARAGRAPH, YOU MAY, BUT ARE NOT REQUIRED TO, NAME YOUR AGENT AS GUARDIAN OF YOUR PERSON OR CONSERVATOR OF YOUR PROPERTY, OR BOTH, IF A COURT PROCEEDING IS BEGUN TO APPOINT A GUARDIAN OR CONSERVATOR, OR BOTH, FOR YOU. THE COURT WILL APPOINT YOUR AGENT AS GUARDIAN OR CONSERVATOR, OR BOTH, IF THE COURT FINDS THAT SUCH APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND WELFARE. STRIKE THROUGH AND INITIAL PARAGRAPH 7 IF YOU DO NOT WANT YOUR AGENT TO ACT AS GUARDIAN OR CONSERVATOR, OR BOTH. 7.( ) If a guardian of my person or a conservator for my property, or both, are to be appointed, I nominate the agent acting under this power of attorney as such guardian or conservator, or both, to serve without bond or security. IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAME AND ADDRESS OF ANY SUCCESSOR AGENT IN THE FOLLOWING PARAGRAPH: 8. If any agent named by me shall die, become incapacitated, resign, or refuse to accept the office of agent, I name the following each to act alone and successively, in the order named, as successor to such agent: Not Applicable. For purposes of this paragraph 8, a person is considered to be incapacitated if and while the person is a minor or a person adjudicated incapacitated or if the person is unable to give prompt and intelligent consideration to business matters, as certified by a licensed physician. I agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third parry until the third parry learns of the revocation. I agree to indemnify the third parry for any claims that arise against the third party because of reliance on this power of attorney. Signed on December 1. ( , 1998. M: \mic temp \.p60 \OM] H \SUNSHIN E.RCH\poa �;_� �s 1 11111111111111111 1111 HIM Mill 1111111111111111 IN 4 of 7 R 36.00 D 0.00 N 0.00 PITKIN COUNTY CO IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, IT MAY BE IN YOUR BEST INTEREST TO CONSULT A COLORADO LAWYER RATHER THAN SIGN THIS FORM. SUNSHINE RANCH, LLC, a Colorado limited liability By: Sam Ge s an . - D %kM (Your Social Security number) YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND SUCCESSOR AGENTS TO PROVIDE SPECIMEN SIGNATURES BELOW. IF YOU INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY, YOU MUST COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES OF THE AGENTS. NOTICE TO AGENTS: BY EXERCISING POWERS UNDER THIS DOCUMENT, THE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT UNDER COLORADO LAW. Specimen Signatures of Agent Agent That the signature of my agent SUNSHINE RANCH, LLC, a Colorado limited liability Principal ACKNOWLEDGMENT PAGE TO FOLLOW M: \mic[emp \wp60 \OM] H \SUNSH IN E.RCH\P.a G 0 (.i u 0 J 1 111111 11111 5 426394 111111 1111 111111 11111111111 01/08/1999 01:28P POR III DAVIS 11111 IIII 1111 SILVI 5 of 7 R 36.00 D 0.00 N 0.00 PITKIN COUNTY CO CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ban Dte- GC ss. County of ._JL� ' On I2-.2Z-G8 before me,GLU � Qom_ %IDyrA: jI 1�'U -WI( Data ^ Name and Title of Officer (efg , "Jane Doe, Notary Pu Is "j personally appeared )1 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personA whose name() is /946 subscribed to the within instrument and C,&EILNM acknowledged to me that he /she /they executed GomrnkSWn 0118143N Notayft�_C.a11tarrip the same in his /Vr /tk(eir authorized Son DkVpCOLNM capacityVs), and that by his /her /tt�,Iir µyCpnm_f>�resMOy1. 17t signature(d) on the instrument the personA, or the entity upon behalf of which the personX acted, executed the instrument. WITNE my hand and official seal. Place Notary Seal Above Signature of Note ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc ent ( �1 Title or Type of Document: rD (1)Q.i� 07 A *0 (nf y Document Date: Number of Pages: Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Tltle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Q 199 National Notary Association • 9350 De Soto Ave , P O Box 2402 • Chatsworth, CA 91313 -2402 '-1 111111 IIIII 111111 I'll HIM 111111 IIIII III HIM IIII IIII VU�'�36 6Zef97 R136.00 D 0.00 ZNP SILVI 0.00 PITKIN COUNTY CO Prod No 5901 Header Gau ionl 1-dav io-oeu EXHIBIT "A" LEGAL DESCRIPTION A TRACT OF LAND BEING PART OF LOT 9 10 13 AND 14, AND THE WEST IN SECTION 4 TOiN OF2THE 6th P.M.. MORE FULLY DESW BEDS ASPFOLLOWSTH, RANGE 85 WEST BEGINNING AT A POINT ON THE SOUTH FENCE OF OWL CREEK ROAD-FROM WHICH THE EAST 1/4 CORNER OF SECTION 4 BEARS N 69'01'11'E 2,634.66 FEET; THENCE S09058'25'E 72.40 FEET- THENCE S07.15'51'W 139.90 FEEL; THENCE SII•ll'35 "W 257.65 FEET; THENCE N89.59'55'W 349.75 FEET; THENCE NOI.32'35'E 455.73 FEET TO THE SOUTH FENCE OF SAID OWL CREEK ROAD; THENCE S89'57'47'E 166.98 FEET ALONG THE SOUTH FENCE OF OWL CREEK ROAD; THENCE S89.35'55'E 189.88 FEET ALONG THE SOUTH FENCE OF OWL CREEK ROAD; THENCE N76'21'41'E 37.18 FEET ALONG THE SOUTH FENCE OF OWL CREEK ROAD TO THE POINT OF BEGINNING. COUNTY OF PITKIN STATE OF COLORADO 1111111 Hill 111111111111111111111111111111 Hill IIII IN 426394 01/08/1999 01:28P PDA DAVIS SILVI J 37 7 of 7 R 36.00 D 0.00 N 0.00 PITKIN COUNTY CO County of Pitkin } AFFIDAVIT OF NOTICE BY } ss. POSTING OF A PUBLIC HEARING State of Colorado FOR A PITKIN COUNTY DEVELOPMENT PERMIT The undersigned, being first dul sworn, deposes and says as follows: I, being or representing an Applicant for a Pitkin County Development Permit, personally certify that the attached photograph fairly and accurately represents the sign posted as notice of the public hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the sign was posted Z u and visible continuously from the Z d ay of OFL 19!�Jto the day of I � ' CC�e2, 19Ji✓(Must be posted for at least 15 days before the public hearing). 000038 Subscribed and sworn to before me this 31a day of }Dvcan6 -� -191 by 4u. Nco r i WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES My commission expires: 11 -7 -1999 Lk L!� 61?a466 -f, - — Notary Public's Signature /3o S, 6o- lark, A yo-.. Po- 2& 11 Address CERTIFICATE OF MAILING RE: STAPLETON 1041 HAZARD REVIEW d I hereby certify that on this 28th day of November, 1997, a true and correct copy of the attached Notice of Public Hearing was deposited in the United States mail, first -class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Aspen/Pitkin Planning Office by the applicant in regard to the case named on the Public Notice. By: Sharon Hirman Administrative Assistant u sl U 3 y PUBLIC NOTICE RE: STAPLETON 1041 HAZARD REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Thursday, January 8, 1997 at a meeting to begin at 10:00 am before the Pitkin County Hearing Officer, Commissioners Meeting Room, 506 East Main Street, Aspen to consider an application submitted by Bernard Stapleton requesting 1041 Hazard Review approval to construct a single family residence. The property is located 2298 Owl Creek Road, and is described as a tract of land being part of Lot 9, 10, 13 and 14, and the West 1/2 of the SE 1/4, in Section 4, Township 10 South, Range 85 West of the 6th P.M. For further information contact Suzanne Wolf at the Aspen/Pitkin Community Development Department, (970) 920 -5093. s/Lance Clarke Pitkin County Hearing Officer Published in The Aspen Times on December 6, 1997 Pitkin County Account No. 00113. 1041 Review List of Surroundina Neiahbors Owl Creek Association P.O. Box 6902 Snowmass Village, CO 81615 Mr. Peter Guber Astair Building, 3rd Floor Culver City, CA 90232 Mr. Bob Daniel cto Hines 426 E. Main St. Aspen, CO 81611 Mr. Gary Snook 1881 Owl Creek Road Aspen, CO 81611 Mr & Mrs Charles Rolles P.O. 10023 Aspen, CO 81612 Mr. & Mrs. Hugh M. Eaton III Old Troy Road Dublin, NH 03444 ' Mr. Robert Scinto One Corporate Dr. Suite 100 Shelton, CT 06484 i;OuAl Mr. & Mrs. Joel Cohen 0881 Cluny Road Aspen, CO 81611 Mr. & Mrs. Richard Cantor Neuberger & Berman 605 Third Ave. New York, NY 10158 -3698 0 0,06J42 ASPEN/PIT;,, ,l COMMUNITY DEVELOPMENT, ,PARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5090 FAX# (970) 920 -5439 October 28, 1997 Kevin Morley Robert Trown & Associates P.O. Box 6820 Aspen, Colorado 81612 Re: Robbins 1041 Hazard Review Case #P115 -97 Dear Kevin, The Planning staff has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public hearing by the Pitkin County Hearing Officer on Thursday, January 8, 1998 at a meeting to begin at 10:00 a.m. in the Commissioners Meeting Room in the Courthouse. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Monday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Community Development Department. We have forwarded a copy of this application to the Colorado State Forest Service for referral comments. Please contact them directly at (970) 248 -7325 to arrange for payment of their fees. Comments will not be released until payment is received. Please note that it is your responsibility to post the subject property with a sign within 15 days of the public hearing and to remove it from the property within one week following the hearing. Please submit the enclosed Affidavit of Notice by Posting as proof of compliance with the Code prior to or at the hearing. If you have any questions, please call Lance Clarke the planner assigned to your case, at 920 -5452. Sincerely, Sharon Hirman Administrative Assistant ��J43 _• ASPEN/PITKIN ' COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920 -5090 FAX (970)920 -5439 October 13, 1997 Robert Trown & Assoc. c/o Jeff Hancox P.O Box 6820 Snowmass Village, CO 81615 Re: Stapleton Case #P116 -97 Dear: Jeff, The Community Development Department has completed its preliminary review of the captioned application. We have determined that this application is incomplete. The application will not be scheduled for review until the following items are submitted. Need proof of non - merger of land - 49 on preapplication If you have any questions, please call, Lance Clarke the Planner assigned to this case, at 920 -5452. Thank you. Sincerely, Sharon Hirman Administrative Assistant J0luiJ44 n w iw MAY- -0i -1997 09:49 FROM ASPEN /PITKIN COM DEV TO 9- 9232599 P.02 PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY DATE: May 1, 1996 PLANNER: Lance Clarke PROJECT: Robbins 1041 Hazard Review L" OWNER: Anthony Robbins 6. LOCATION: Owl Creek Road i APPLICANT'S REPRESENTATIVE: Kevin Morley PHONE: 9 1. Type of application: 1041 Hazard Review and General Submission] 2. Describe action/type of development being requested: Applicant proposes to establish building envelope to construct single - family home. i 3. Areas in which Applicant has been requested to respond, types of reports requested: • Please provide submission requirements specified in Land Use Code Section 5- 70.20. • There should be a letter /written report describing the action proposed and addressing the impacts the action will have on any 1041 hazard areas as described in Land Use Code Section 3 -80. Staff has identified potential concerns with fl000plain areas, and wetland and/or riparian areas (3 -80.80 0.). • The site utilization maps shall clearly show the parcel, proposed building envelope, and topography. • Please provide any known information about the existing structures on site; date of construction, etc. A 1041 Site Plan Plat meeting the requirements of Code Section 5 -70.4Q will be required. After approval this plat must also be submitted in a digital format for intl;gration into the County GIS system. 4. Referrals to: Attorney, Engineer, Zoning, Environmental Health, State Forest Service, Division of Wildlife, County Wildlife Biologist, Homeowner's Assoc., Aspen Fire, Historic Preservation Planner. i 5. Review is before: Hearing Officer. 6. Public Hearing: Yes. 'i J 15 MAY -01 -1997 09:50 FROM ASPEN /PITKIN COM DEV TO 9- 9232599 P.03 L r^ y� 7. Applicant is required to post signs for public hearing: Yes. T° 8. Applicant is to submit list of adjacent property owners: Yes. Applicant shall ., provide stamped, addressed, letter -sized envelopes, with the return address of the Community Development Department. for mailing to all adjacent property owners. L 9. Disclosure/Proof of ownership: Yes (two copies). Will need documentation of how and when the parcel was created and proof of non - merger. '" 10. Number of copies of application to be submitted: 12. 11. What deposit was Applicant requested to submit: $870.00 ( $450 Planning, $155 Engineer, $155 Environmental Health, $110 Clerk). An `Agreement to 'Pay" form must a, be submitted with the application. If there are any questions please call Lance Clarke, 920 -5452. m. r TOTAL P.03 I a w r APR 16 '97 oe :06PM WAGAR AND ASSOCIATEVX9 °J!G 'A1 OffY. P.4 1 r ar r er t %* k9 i 8nov+ mass Village - Owl Create Road - AsPen �! 394.04' _ fig .......... y,+le ...�. . , / �j* -,I .......... ,' ,, ; •, .i•""...... ; 349.75' 4.0176 acres Y1 O� Or �O Q C: y/A IM�p aairittl. O[. I•r. wr �r y TOTFL P.03 wnrw��w i i 8nov+ mass Village - Owl Create Road - AsPen �! 394.04' _ fig .......... y,+le ...�. . , / �j* -,I .......... ,' ,, ; •, .i•""...... ; 349.75' 4.0176 acres Y1 O� Or �O Q C: y/A IM�p aairittl. O[. I•r. wr �r y TOTFL P.03 id. N. 1041 Review 3 -80.80 G : Riparian, Shoreland and Wetland Areas Responses to questions. The new residence will be sited within the proposed building envelope in such a way that terrestrial vegetation will be maintained, and erosion and sedimentation will be at a minimum. Since the building site will not be located near Owl Creek, the existing cold water temperatures will not be effected. 2. The development of the site has been done in such a way as to be in compliance with Section 3 -70 and Section 3- 50.40. Please refer to Addendum A prepared by Wright Water Engineers for further detail. 3. It is our intention to develop the site to minimize the disturbance of ground cover adjacent to Owl creek. The building envelope that been decided upon for the site will not allow the residence to be built near Owl Creek due to standard stream setbacks. 4. The area of the site where the proposed building will be built was originally used for agricultural purposes. As a result the surrounding area adjacent to the proposed building site contains no native species of vegetation, nor is it near wetland or riparian areas. Additionally the proposed building will not be built near Owl Creek. 5. There will be no changes to the portion of Owl Creek that crosses the property. 6. Any culverts placed on the property will be placed along Owl Creek Road for road drainage purposes only and will in no way effect the creek itself. 7. See #4 above. 8. Not Applicable. 9. See #5 above. 10. See #4 and #5 above. 11. Not Applicable. 12. See #4 and #5 above. 13. Not Applicable. 0'i , 4 8( 1041 Review r- Proposed action w, The client proposes a two -story wood frame residence with a basement and attached garage. A one story out - building may be proposed as well. Access to the site will be via Owl Creek Road r ar uUVJ_4 1041 Review Existing structures on site The site consists of a 2,600 sq.ft., two story wood frame house and a 1,300 sq.ft. single story slab on grade garage (see fig.1 and fig.2). The date of construction is not known. The buildings are situated towards the front of the site along Owl Creek Rd. (see site plan). Site photographs show that the property is primarily used for hay production (see figs. 3 - 4). 000050 Figure 1 Figure 2 I 1 Figure 3 000051 Figure -0 .r F. . m RONALD GARFIELD- ANDREW V. FIHCHT" MICHAELJ.HERRON464 DAVID L. LENYO - "' MATTHEW C.FERGUSON- KRISTI S. FERRARO "" .r • ali0 i l, Bali a Ne4 Voraik Bar District irl ro ier arC altaala for •'• also Nmit<d to Florida Bar .....bt admit d to Ponnrylvanik Bar r GAR FIELD Q BECHT, P.C. AI'TORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST I4YMAN AVENUE ASPEN, COLORADO 8161 1 FACSIMILE COVER SHEET TELEPHONE (970) 925.1936 TELECOPIER (970) 925.3008 E-mail garheehtrerornet y° TO: Mr. ]effrey Hancox Robert Trown at Associates FAX NO.: 923.2599 FROM: Michael 1. Herron, Esq. DATE: September 19, 1997 RE: Stapleton Property Total nuinlibei of pages% (including cover sheet). If you do not receive all of the pages, please call Christina at 970925 -1 36.as soon as possible. w "OKrANEd1i H*cOMMUNICATION IS INTENDED SOLELY FOR THE USE OF THE PERSONS NAMED ABOVE • OR OTHERS AUTHORIZED TO RECEIVE IT. THIS COMMUNICATION MAY INCLUDE PRIVILEGED AND CONFIDENTIAL INFORMATION AND ANY USE, DISSEMINATION, OR REPRODUCTION BY UNAUTHORIZED 9- PERSONS IS ABSOLUTELY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY ITH11,31111111111111t IMMEDIATELY. _ THESE ARE R41TTED: PLEASE TAKE THE FOLLOWING ACTION- Return For Your siputure _ _ Call Upon Receipt and Review - For Review and Comment XXX Call if you have any questions — As Re9ueuM , U U352 i_. 1H03H Q­I3IJdIJ0 WdVT:26 L6. 6T d3S .'foMlrhael x 2BUSr El Jabal CO 81x828 El Jebel C 1626 USA ad Brownson 970-M-3146 cht PC. From: 09 -19 -1997 10331W9 inJeseor LJest Realty ll d/1 told/ Iu.�. is reye c vi c .,.470 963 8702 P.01 mderowd ho RW canes cairor, wfsh the Prim Y m of it P m 21041 LaAd Use ApPp p�OMoe. D>IM� SeO I g� 19970 TM WAn OF ISM L gTAKSTON by: Bernard gyp. �rso� i pr�sntasYw . ;u 153` C.-mAke 6WE-T, L60 ST dm TOTAL P.01 1HJ3H G7MA UO WdbT:20 46. 6T d3S SEF. a. 19V 3:02PM STEWFRT TITLE ASPEN No.re1 L. SCHEDULE A 4jpdes Nw4e7: 0009 642 -CS LEGAL DESCMUON A toad of land being part of fete 9, 30, 13 and 140 sad the Neat 1/2 of the BB 3/4, in Bedtion 4, 1bwmanip l0 South, Mange 85 Neat *• the 6tb 8 X.. ilat^e fully described as follows: w of Megiamiar. t e past on the South fusee of owl Creek road from 8eetios 4 bases North 89 degrees .hielt•tbe 03 minates t'1/4 oesaar of said 31 saeemds Bast '2, 634.66 feet; 25 aepoada Sae& 72.40 feet; themes Bat 09 degrees 58 minutes 19 minutes 51 ocean" West, 139.90 feet; thence Bev 07 degrees 33 degrees 11 minutes 35 aeeoada West, 257.65 fast; thence Bou S9 degrees 99 mlautea 55- seconds (west, 349.75 loot: thence 01' degraes 32 minutes 35 aeeouda Saat, 455.73 feet Co themes the South cape of said owl Creek Road; 47 ocean" East, 166.98 feet t�teade Bon t9 degrees 57 minutes almg the tY fence of owl Creek road; 35 55 aeeoods Bust, 189.88 feet thence Boa a9 degrees minutes &I the Bath fence of 0wl Creek road; goat, 37.18 feet tpeaee ._ 7f degree/ 21 minutes 41 aeeonda of Owl Creek road to the point of beginning' along the. outh fens County of +tkia, State of Colorado uILJ54 E'd 1HO3H G-13IAdUO WdSI:20 G6. 6T d3S 1041 Review List of Surrounding Neighbors Owl Creek Association P.O. Box 6902 Snowmass Village, CO 81615 Mr. Peter Guber Astair Building, 3rd Floor Culver City, CA 90232 Mr. Bob Daniel ' Go Hines 426 E. Main St. Aspen, CO 81611 Mr. Gary Snook 1881 Owl Creek Road Aspen, CO 81611 Mr & Mrs Charles Rolles P.O. 10023 Aspen, CO 81612 µ. Mr. & Mrs. Hugh M. Eaton III Old Troy Road �. Dublin, NH 03444 Mr. Robert Scinto One Corporate Dr. Suite 100 Shelton, CT 06484 Jig '(jJ55 V -- ;O A56 Mr. & Mrs. Joel Cohen 0881 Cluny Road Aspen, CO 81611 Mr. & Mrs. Richard Cantor Neuberger & Berman 605 Third Ave. New York, NY 10158 -3698 V -- ;O A56 Addendum A w w w L"n I Wright Water Inc. 818 Colorado Ave O Box 219 91enwood Springs, Colorado 81602 i-- ;9701945 -7755 TEL 19701945 -9210 FAX 13031 893 -1608 DENVER DIRECT LINE irk R August 29, 1997 Robert Sinclair Robert Trown & Associates, Inc. P.O. Box 6820 Snowmass Village, CO 81615 RE: Robbins 1041 Environmental Hazards Review Dear Rob: a At your request, Wright Water Engineers (WWE) conducted floodplain, wetland, water supply, and geologic hazards analyses for the property at 2298 Owl Creek Road in accordance with our proposal dated July 15, 1997. This letter report presents our findings. A Phase I Environmental Site Assessment (ESA) was submitted under separate cover dated August 13, 1997 by our sister r company Waste Engineering, Inc. (WEI). The subject property (referred to as the Stapleton parcel) is a 4± acre parcel of land located at the southwest comer of the intersection of Owl Creek Road and Mandalay Road. The site is approximately 2.5 miles west of Colorado State Highway 82 and 2.5 miles east of Snowmass Village as shown on Figure 1. The site's southern boundary is bisected by Owl Creek which flows to the northeast. SUMMARY Based on our field investigations and analyses, our findings are summarized below: A . The existing spring and pipeline serving the property appears to provide an adequate " potable water supply for a single - family residence on the property. Disinfection and filtration treatment are recommended for the system. . The geology consists of alluvial and glacial deposits with cobbly and silty loam soils. There are no geologic hazards on the property or adjacent property that would negatively impact the site from a hazard point of view. Figures 2 and 3 depict the soils and geology on the property. ;t �)53 -° DENVER (303) 480 -1700 DURANGO (970) 259 -7411 BOULDER- 13031 473 -9500 I Robert Sinclair L Robert Trown & Associates August 29, 1997 Page 2 w . There is approximately 0.5 acres of regulatory wetlands on the property. They are located along and east of the Owl Creek channel as shown on Figure 4. • The 100 -year floodplain is shown on Figure 5 and is contained within the banks of Owl Creek on the property. However, backwater from the Owl Creek Road culvert (partially filled with sediment and rocks) inundates a portion of the northeast corner of the site. 1. BACKGROUND Water Supply �. Water Ouantity The existing single - family residence has been served since the 1940's by a spring and pipeline delivering potable water for domestic (includes lawn and garden irrigation) and stock watering uses. The Bernard Stapleton Spring No. 1 is decreed in Case No. W1517 and is located approximately 2,000 feet southeast of the house as shown on Figure 1. The spring collection system consists of a solid collection pipe, wood - covered collection box with overflow pipe and 2 -inch steel delivery pipeline. After crossing Owl Creek, the pipeline transitions to a l'h -inch PVC pipe to the house. At the time of WWE's field visit, the spring flow was measured at approximately 20 gallons per - minute (gpm). This included 11 gpm at an outside hose bib and 9 gpm overflow from the box. Interviews with Bill Stapleton indicate that the spring flow is relatively constant throughout the seasons and from year to year. According to Mr. Stapleton, the spring flow was more than adequate in hydrologic dry years. r Water Ouality A water sample was obtained from the Stapleton parcel on August 11, 1997 and tested at a certified laboratory to assess the water quality. Prior to sampling, the hose bib on the west side of the Stapleton residence was turned on for approximately 35 minutes. The estimated rate of flow was approximately 11 gpm. At the time of sampling, the water was slightly discolored and contained floating particles inferred to be organic matter. There was no noticeable odor at the time of sampling. The water samples were packed in a cooler and shipped overnight under proper chain -of- custody to Grand Junction Laboratories in Grand Junction, Colorado. The results of the water quality analysis are included in the attached Table 1. u0 5 L'J W Robert Sinclair Robert Trown & Associates August 29, 1997 Page 3 y Overall, the water quality is generally good with no metal or nitrate contamination. However, .. as shown on Table 1, there was measurable discoloration, turbidity, and hardness. Coliform levels exceed the Colorado Department of Health and Environment (CDPHE) suggested limits for drinking water ~ The hardness value does not indicate a health hazard, but is high enough to lead to mineral buildup in the hot water heater, pipes, and faucets as well as require the use of large amounts of soap for cleaning purposes. A blended softening process to reduce hardness to around 100 mg /l could be installed to address this problem. The hardness also results in the relatively high w concentration of dissolved solids. Despite lacking a noticeable odor at the time of sampling, the turbidity, coliform, and color values indicate a likelihood of some biological contamination. The absence of measurable iron and low manganese values would indicate the color and turbidity are biological in nature. Biological contamination might be due to bacteria buildup inside the pipeline or organic influences present at the spring box. Chlorine disinfection is typically the most effective treatment for biological contamination. In addition, filtration is likely also needed to remove biological matter from the water. In summary, we believe the existing potable supply is adequate for future improvements, including a large single - family residence. At that time, we recommend upgrading the existing system. " Geologic Hazards Soils _ According to the U.S. Department of Agriculture "Soil Survey of Aspen - Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties," soils on the property consist mainly of Fluvaquents (0 -10% slopes). These soils are deep, poorly drained soils found on floodplains and alluvial valley floors. The USDA Soil Survey identifies these soils as generally being poorly suited for homesite development due to a seasonally high water table. The Soil Survey identifies Jerry- Millerlake loams (6 -25 % slopes) along the western portion of the property. This soil unit is deep and well drained and typically found along alluvial fans and valley side slopes. These cobbly loams have moderate permeability and moderate available water capacity. Runoff is rapid and the hazard of water erosion is severe. Development limitations listed in the Soil Survey include restricted permeability, large stones, and shrink -swell potential. A third soil unit identified is the Kilgore silt loam which is located along the eastern property boundary across Owl Creek. The Kilgore is a deep, poorly drained soil with moderate to slow permeability and UUUJbu Robert Sinclair Robert Trown & Associates August 29, 1997 Page 4 low available water capacity. If this unit is over - grazed or worked during periods of saturation, y. compaction of the surface layer will occur as well as causing excessive runoff. The Soil Survey indicates that the limitations to development on this soil include seepage, frost action potential, and flooding. An efficient drainage system would be a necessity. The locations of these soil units on the property are depicted in Figure 2. Geolo Based on the 1972 USGS Geological Map of the Highland Peak Quadrangle, geology at the property consists primarily of unconsolidated Quaternary deposits including alluvium containing sand, silt, gravel and peaty material, and older, poorly sorted glacial moraine deposits ranging from silt to boulders. The alluvial and glacial deposits are generally stable but can be subject to high water table or flood hazards depending on proximity to a water source. Bedrock outcrops in the vicinity of the property include members of the Cretaceous -age Mancos Shale. An inferred fault line is shown traversing the adjacent property to the southwest of the Stapleton -� parcel. The geological map does not identify any landslide deposits either on or adjacent to the Stapleton parcel. WWE did not note any slumping or sloughing of material on the property at the time of the field visit. In summary, there are no geologic hazards, including debris flow, slopes greater than 30 percent, unstable slopes, and avalanche or rock fall on the property or adjacent property that would impact the site. Site specific soils analyses should be conducted to identify any site specific design issues. Wetlands �. WWE wetland scientist Blair Leisure conducted a field investigation of wetlands on August 18, 1997. The property boundaries were located and an assessment was made of the overall r presence of regulatory wetlands on the property following the criteria in the U.S. Army Corps of Engineers 1987 Wetland Delineation Manual. y The property contains an approximate 0.5 acre shrub wetland with pockets of herbaceous wetland plants along Owl Creek. Owl Creek runs along the eastern section of the property, and the wetlands lay adjacent to and east of the creek. The wetlands extend to the eastern property ®, line that parallels Mandalay Road as shown on Figure 4. The wetland extends west of Owl Creek in the northwestern corner of the property. There are several upland pockets in the southeastern section of the wetlands along Owl Creek. The entire wetland area was flagged and follows the flagging diagram included on Figure 4. Gi;t J 6 1 Robert Sinclair Robert Trown & Associates August 29, 1997 Page 5 i� No other wetlands were found to occur within the property boundaries. « Riparian areas on the property are located adjacent to Owl Creek. Due to the steep western bank, the abrupt change to upland vegetation, and the lack of shrubs and trees on the west bank, the riparian area includes Owl Creek and areas east of Owl Creek to Mandalay Road. Similar to the wetland boundary, the riparian area extends 10 to 20 feet west of Owl Creek in the northeastern comer of the property. Floodplain Hydrologic Design Parameters This study uses the 100 -year peak streamflow for determining the floodplain limits. The peak flow rate was estimated using three separate methods as presented below. A. A statistical analysis was performed using 13 years of gage data available from a gage located downstream of the project site on Owl Creek. The tributary drainage « area to the gage is 6.6 square miles. For the project site, the tributary drainage area is 2.7 square miles (see Figure 6). Thus, the flow determined using the stream gage data was adjusted using the ratio of areas. Based on this analysis, the estimated 100 -year peak flow rates is 65 cubic feet per second (cfs). B. An empirical formula developed by the Colorado Water Conservation Board (Technical Manual No. 1, 1976) was used to estimate the 100 -year flood event. The equation uses tributary basin area and mean annual precipitation. Based on this analysis, the estimated 100 -year peak flow rate is 73 cfs. _ C. The Natural Resources Conservation Service (formally the Soil Conservation Service) CN Method was used as a final "check" for determining the 100 -year storm event. These calculations indicate that the peak flow is also 73 cfs. Therefore, based on this analysis, the 100 -year flood used to delineate the floodplain is approximately 70 cfs. Hydraulic Analysis In general, the Owl Creek channel is a steep - gradient stream, well vegetated on the banks with in -situ streambed cobble ranging between 3 inches and 12 inches in diameter. Owl Creek flows south to north across the Stapleton parcel and, at the northeast corner, crosses under Owl Creek :, 'uJ62 iT TM Robert Sinclair ' Robert Trown & Associates August 29, 1997 Page 6 Road via a 48 -inch diameter culvert. There is evidence of head cutting in the channel immediately upstream of the culvert. i� Prior to performing a hydraulic analysis, a field visit was conducted. Five cross - sections were surveyed, including a section at Owl Creek Road, for use as input to the hydraulic model. The U.S. Army Corps of Engineers' HEC -RAS model was used. The floodplain delineation begin at the culvert under Owl Creek Road and extends upstream for approximately 500 feet. At the culvert, there is an obstruction blocking the outlet. In particular, there is riprap at the outlet which extends above the culvert invert for two (2) feet. The unobstructed culvert diameter is 48 inches (4 feet). i.. Twenty feet upstream of Owl Creek Road is a diversion to an irrigation ditch. For the purpose of the hydraulic analysis, it was assumed that the headgate is closed or clogged during the 100 - year event. The results of the floodplain analysis are attached. The 100 -year flood event is delineated on Figure 5 and based on existing flow conditions at the culvert. In general, the 100 -year flood event is contained within the banks of Owl Creek. The depth of flow is typically three feet with velocities less than 6 feet per second. The existing blockage at the Owl Creek Road culvert results in overtopping of the roadway and backwater flooding in the northeast comer of the property. Please call if you have any questions or need additional information. MJE /dlf 971- 123.000 Attachments UJI J63 Very truly yours, WRIGHT WATER ENGINEERS, INC. I 1 1 1 I I 11 1 1 1 1 ;i.- r , I • X I -a6- IIN a": ti J r ft - XV0, POP, - 14 , '74 r ft ti Fmi K! nu APPROXIMATE PROPERTY BOUNDARY - • :I and t''� �v QMdd '. 7 .. o WRIGHT WATER ENGINEERS, INC. 818 Colorado Avenue I DRAWN RLV Glenwood Springs, CO 81601 CHECK WE 0066 (970)945 -7755 SCALE 1"= 2000' DATE AUGUST 1997 Qrnc mr:mi N!14 .\ �joid ' n Qal Ili Kmu, pa Kmi Kdb luviunl G. O�uuiaffian.d eposits moIlu�Oldervialiartep FIGURE 3 ROBBINS Stapleton Parcel Geologic Map - Highland Peak Quad IIw e ■� EDGE OF MIN N ie .i li e. —5' WI tNE 5 CDR MEN ry I� / / • / � -�` g'' / _ _ \— — 9O \\ � 1 I \ i \ I I \ I I I I — I \ B\ S GA.ED ❑ PWP FIOWO W ANN GRAVEL � DRIVE HOUSE 0 \ \ 4 WOOD vENTS- I — — - _ _ _ — — _ — — C CC \ FRAME \ \ _ "RAGE ee v' — — ►111 �111111.��i1�� 111 � � j � 11111111111111 • �.1� 1111111111111111111, ,11� X111111111111111111 1 11 u 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1� 1 ,♦1111 /11111111111 ►111��111111111 1111/ /11111111 111111 1 /1/1111111111, ,�1!s111111 11111. , C �! X100 i1 i1 i� \ 11AT�)111111 1.1.x111111111. 1,11.1111111111. 1 14 1h11�11111111111. 1111111111111111111111111111111 .�� iL 11111111111111111114 Di1��i1�1�101111111111111111111111111E' 11�, � � 1 � 1 � 1 � 1111111111111111111! � 1.1 1111 x,111111111111111111111111, � .11 11111111IV, 1� 1111 l, 111111111111111111111, 11 11, 1111111111111111111111, . .0 11.111111111111 11!:11111111111111 0�'i10110i100001100+1110 10 1 1 1� 1 :b1:1i1:1`1�i1ii� m 1B SCALE 3-.w5 45 W 15 io As eo CONTOUP. 147ERVAL n 1 F001 q a � or k0 o� mi q w� LEGEND 19.1�1� 17:1 WETLANDS Numbered Wetland Flagging III WRIGHT WATER ENGINEERS, INC. DRAWN BL FIGURE 4 818 Colorado Avenue CHECK WE SCALE I " = 50' ROBBINS - STAPLETON PARCEL Glenwood Springs, CO 81601 WETLAND DELINEATION (970)945 -7755 DATE August 1997 - - - -I�� AREA . 0165 ACRES •/_ �\ \ \\ \\ // 42 SET T 9. 0. \ \I \ STEEL N I RE / — — _ I -- - - - -_— — ' \ 5 \ II ►111 �111111.��i1�� 111 � � j � 11111111111111 • �.1� 1111111111111111111, ,11� X111111111111111111 1 11 u 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1� 1 ,♦1111 /11111111111 ►111��111111111 1111/ /11111111 111111 1 /1/1111111111, ,�1!s111111 11111. , C �! X100 i1 i1 i� \ 11AT�)111111 1.1.x111111111. 1,11.1111111111. 1 14 1h11�11111111111. 1111111111111111111111111111111 .�� iL 11111111111111111114 Di1��i1�1�101111111111111111111111111E' 11�, � � 1 � 1 � 1 � 1111111111111111111! � 1.1 1111 x,111111111111111111111111, � .11 11111111IV, 1� 1111 l, 111111111111111111111, 11 11, 1111111111111111111111, . .0 11.111111111111 11!:11111111111111 0�'i10110i100001100+1110 10 1 1 1� 1 :b1:1i1:1`1�i1ii� m 1B SCALE 3-.w5 45 W 15 io As eo CONTOUP. 147ERVAL n 1 F001 q a � or k0 o� mi q w� LEGEND 19.1�1� 17:1 WETLANDS Numbered Wetland Flagging III WRIGHT WATER ENGINEERS, INC. DRAWN BL FIGURE 4 818 Colorado Avenue CHECK WE SCALE I " = 50' ROBBINS - STAPLETON PARCEL Glenwood Springs, CO 81601 WETLAND DELINEATION (970)945 -7755 DATE August 1997 _I 0 0 C: 0 rn W Pon S4. roi 1.o �, OWL CREEK ROAD — — — — _ 1.211.3 tlUUn [[Y twat JO `0 EDGE OT ROADYwI _ e 69']5'55' 166 g, 5 89.51 U'E— �A9 8A_ _ " "• ��� ` 85 PW ' 1 • p,IEp cen �� S pRIVE \ \ I � NW SE / �rMap8 90 NE 'ANn ' RtED l) \ \TANK - - \ / \ \ � \• I PENIS / e06D 1 j I I ` — 8T Coo FN.YE I I I \ 8• — / OAKAB NWSE L' 100 -YEAR FLOODPLAIN 3 EXISTING CONDITIONS _ \ ik 90 \ ' / - - -I —' AREA - A 0165 ACRES •1— og SET T 9 OR / I I I _ I\ \ 90 STEEL NIKE / _ I Ir 0 94 ` \\ ` \/ / `\ o •� \ / - I ° 96 / <' \ / r �I IC • 1 / I / m6 „ ' 30 ° CONTOUK INTERVAL IS 1 TOOT _7755 ,• T 1 �I 100 4.0 � 2.0 ~ o 3.0 ^ y u a ma o� m= q w� East Floodpiam Line shown schematically (Actual delineation requires DRAWN plat WRIGHT WATER ENGINEERS, INC. CHECK PMe 818 Colorado Avenue SCALE 111=501 Glenwood Springs, CO 81601 DATE August 1997 /o7nt4dR FIGURE 5 ROBBINS - STAPLETON PARCEL FLOODPLAIN DELINEATION ,Yr Vry •— I\ \ / r �I IC • 1 / I / m6 „ ' 30 ° CONTOUK INTERVAL IS 1 TOOT _7755 ,• T 1 �I 100 4.0 � 2.0 ~ o 3.0 ^ y u a ma o� m= q w� East Floodpiam Line shown schematically (Actual delineation requires DRAWN plat WRIGHT WATER ENGINEERS, INC. CHECK PMe 818 Colorado Avenue SCALE 111=501 Glenwood Springs, CO 81601 DATE August 1997 /o7nt4dR FIGURE 5 ROBBINS - STAPLETON PARCEL FLOODPLAIN DELINEATION ,Yr Vry •— r r w .r r s q. TABLE 1 WATER QUALITY RESULTS JOB NAME KUt31iI1\1S YKOPEK I Y JOB NUMBER: 971 - 123.000 JOB DESCRIPTION: Water quality sampling - @ WEST HOSE BIB FROM HOUSE PARAMETER UNITS CDPHE (1991) I SPRING @ HOSE Suggested Limits 1 8111/97 Arsenic mg/L 0.05 i 0 Barium mg /L 1 0.05 Cadmium mg /L 0.01 0 � Chromium mg/L 0.05 0 Fluoride mg/L 4 0.1 _ Lead mg /L 0.05 0.003 Mercury mg /L 0.002 0 Nitrate mg /L 10 0.31 Selenium mg /L 0.01 0 Silver mgA- 005 0 no official limit 0.2 Color Co /Pt units pH no official limit 7.13 Conductivity @25 deg C _ umhos/cm no official limit 577 Sodium mg/L 20 6.1 _ Calcium mg /L _ no official limit 105 Magnesium mg/L 125 12 Potassium mg/L no official limit 1.3 Chloride mg/L 250 16 Sulfate mg /L 250 44 Phenol Alkalinity mg/L no official limit 0 Total Alkalinity mg/L no official limit 245 Bicarbonate (HCO3) mg /L no official limit 296 Carbonate (CaCO3) mg /L no official limit 0 Dissolved Solids mg/L 500 402 Hardness (CaCO3) mg/_L 200 310 Turbidity NTU 1 6.8 Boron mg /L no official limit_ 0.32 1 0.003 Copper mg/L Iron mg /L _ 0.3 0 Manganese mg /L 0.05 0.004 no official limit 0 Molybdenum mg/L Ammonia mg /L no official limit 0.19 _ Phosphate mg/L no official limit 0 Zinc mg/L 5 0.003 Coliform (total) co /omes1100ml < 1 col /100ml 6 IjIft 070 WWE 8/20/97 WATER QUALITY ANALYSIS BY GRAND JUNCTION LABORATORIES m m I m I m wfi j71 i FLOODPLAIN ANALYSIS 1. F r- 0 m a� III OWL CREEK Plan: Plan 01 8/21/97 OWL CREEK 105 �I 100- 95- m 21 80 I�/iz�i,3 �b I 75 0 100 200 300 400 500 Main Channel Distance (ft) 00GJ72 EG 1 WS ■ Invert a r N 0 OWL CREEK Plan: Plan 01 8/21/97 OWL CREEK ROAD .35 .08 4 .35 85- — — — — — — — — — — — — — — — — — — — — — — — — I■ 84_I 83- 82- /1 81- \ DE�%Ty D� Oc,�S'Tk'dCT /G,cl ' � I 80,I' nc.TGLT \ 79- 1 ' 1 � I 78 0 5 10 15 20 25 ��J73 Station (ft) EG 1 WS1 Ground • Bank Sta mc s W OWL CREEK Plan: Plan 01 8/21/97 @ GREEN FENCE .35 — .08 "1 3 85 5 ■ EG 1 1 - - - - - - - - - - - - - - - - - WS1 ■ Ground i Bank Sta i 1 83 i cc I I w 82, I �I I 81 80 0 10 20 30 40 50 Station (ft) w OWL CREEK Plan: Plan 01 8/21/97 @ SPLIT .35 .08 3 85 _ 5 — — — — — — — — — — — — — — — — — — — — — 1 84 � 83--11 F c 0 m a� w Viii L) 7 82-11 1 E:1 a 80- 0 EG 1 WS1 ■ Ground • Bank Sta 10 20 30 40 50 Station (ft) w OWL CREEK Plan: Plan 01 8/21/97 @ SPLIT W/ DIVERSION .35 .08 3 85.O,I 5 T 1 � 1 J i 84.5 � I i 84.0 c 83.5 0 m m W 59"s 82.5 ti J 7 6 10 20 30 40 50 Station (ft) EG 1 WS1 Ground • Bank Sta Jv N c 0 m a'> w OWL CREEK Plan: Plan 01 8/21/97 SECTION 2 —.08¢ 0', 95, 8 94 �I a 93-, 92 1 1 91 1, 90 89 tit;U77 35 i EG 1 WS ■ Ground • Bank Sta 20 40 60 80 100 Station (ft) w c 0 m a� w OWL CREEK Plan: Plan 01 8/21/97 SECTION 3 98� 0 0, 8 8 97 1■ II 961 I �I 95 7 1 I 94 1 , 93- 92 uu�UJ7J 91 35 i Station (ft) EG 1 WS 1 Ground Bank Sta ?0 ■. w UiJt;J7`� OWL CREEK Plan: Plan 01 8121/97 SECTION 4 0 - .08 '` .35 105— 8 ■ EG 1 �i WS 1 Ground 104 / • Bank Sta I 1I ■ 103- �I i � lI 0 102 —I m I > ai 1 w 101 � • I I ,I 100 I • f ,\ 99 0 20 40 60 80 100 Station (ft) UiJt;J7`� FI I I 1 1 1 7 V 1 1 HEGRAS Plan: Plan 01 Reach: OWLCREEK SM197 River$ - 4.0 - " 101.06 100.65 - OA1 5.831 0.061 0.611 hannel 69.101 -;Q Right - 0.29 Top. Width 18.97 3A 93.641 93.44 0.20 3.331 0.011 23.211 42.87 3.93' 23.49 2.0 _ 90.301 89.97 0.33 1.22 0.08 20.98 47.97 1.05: 29.97 1.3 -: - -84-761- 84.65 0.05 0.00 0.00 4.17 65.06 0.77 40.67 1.2 .. 84.69 84.65 0.04 0.02 0.001 4.02 64.66 1.321 40.69 1.1 -- 84.67 84.63 0.04 0.021 0.001 3.82 64.911 1.271 40.67 84.651 84.601 0.051 0.001 0.00. - 17.501 49.051 2.55, 27.00 1 000080 I I MEC.RAS Ph91:P8m01 Reech:OWLCREEK 8121197 RII, �, -- 70.001 99.401 100.651 1W.661 101.06 G.Slope:: lam) j- 0.0997521 raLChO1 -;: 5.181 ,Flo Amik I .. (eq 14.18 WWM Fwud9#Chl 18.971 1.00 3 70.001 91.10 93.44 83.84 0.0177351 404 2751 23.49- 0.49 1 70.001 70.00 88.22 82.00 89.97 84.85 89.97 90.30 84.70 0.0508481 0. 0 B 51 5.30 I.Ml 19.56 59.18 29.97 40.67 0.78 0.20 1 70.001 80.591 84.85 84.89 0.001342 1.87 72.55 40.88 0.16 - 70.00 80.34 84.631 84.87 84.65' 0.0012821 0.0010841 1.85 2.04 72.70 97.671 40.671 27.00, 0.15 0.15 t 70.001 78.501 84.80 80.47 1 1 1 1 1 000081 Plan: Plan 01 Reach: OWL CREEK Riv Sta: 4.0 Profile: 1 8121197 W.S Elev (tt : 100.65 Elemen Vel Head (ft) °_ 0.41 Wt. n -Va 0.080 0.080 0.350 E.G. Elev .. (ft) . 101.06 'Reach 166.00 166.00 166.00 E.G. Slope (_ s 0.099752 Flow A ° 0.26 13.35 0.55 Q Total (cfs) 70.00 Flow (cf_, 0.61 69.10 0.29 Top Width (ft). 18.97 Top -Widt '. 0.75 16.00 2.22 (ftls): 4.94 Avg, Vel. (ft/d 2.36 Flow A Ift 8.19 Dpth'( 1.25 Hydr. Depth'( 0.35 0.83 0.25 LVelTotal (ft). 100.65 Wetted Per.: (f 1.02 16.10 2.28 I. Tap Wi 221.6 Conv (fs) ., 1.9 218.8 0.9 Plan: Plan 01 Reach: OWL CREEK Riv Sta: 3.0 Profile: 1 8121197 Plant Plan 01 Reach: OWL CREEK Riv Sta: 2.0 Profile: 1 8121197 W.S. Elev (it 89.97 Ele h_ annel - Right OB Vel Head ft 0.33 Wt. 0.080 0.080 0.350 E.G. Ele ' 90.30 Reach 165.00 165.001 165.00 E.G. Slope,, 0.050649 Flow A Ift 8.19 9.04 2.35 Q Total (cfs) 70.00 Flow (c 20.98 47.97 1.05 Top Wid 29.97 Tap Wi 17.02 6.001 6.95 Vel Total. 3.58 Avg. Vel. (ff1s 2.56 5.30 0.45 Max Chi Dptii 1.75 Hydr. Depth (ft) ";" 0.48 1.51 0.34 Crit W.S. (ft) _. 89.97 Wetted Per. (ft) 17.051 6.32 7.32 Conv. Total (cfs) 311.0 Conv. (cfs)° 93.21 213.11 4.7 1 000082 Plan: Plan 01 Reach: OWL CREEK Riv Sta: 1.3 Profile: 1 8121197 W.S. Elev (ft) 84.65 I Element]'�-- n Wt. n-Val.- 0.350 0.080 Right 013 Vel Head (ft) 0.05 0.350 E.G. Elev (ft) 84.70 Reach Len Reach Len.,( 1.00 1.00� 1.00 E.G. Slope (ft/ft) 0.002835 Q Total (cfs) T-70.00 Flow Area 21.25 Flow ow Fl (cfs),----' 4.17 34.391 6 3.53 0.7 77 t Top Width,(ft)' 40.67 Vel Total,(tt1sj 1.113�Avq. T p ,oi� Width (ft 25.00 Avi _ Vel (fil vel. (fuss, 0.20 ; 13.00 2.6 67 1.89 0 .22 0 Max Chi DpM, 2.65 Crit W.S. (ft) jHydr. Depth 0.85 Hydr. r_ Depth, I t Wetted Per.' Wetted t (cfs) 7i4 13.00 1221.9 1 32 111 3.76 14.4 Conv. Total (cfs) 1314.7lConv, Plan: Plan 01 Reach: OWL CREEK Riv Sta: 1.2 Profile: 1 8121197 W.S. Elev (ft) 84.65 Ele Left- - 0.350 Reach Len. 14.00 0.0801 0.350 Vel Head (ft) -- ----- E.G. Elev 84.69 14.001 14.00 E.G. Slope (Nft) -0-._001342 Flow Area (sq 26.85 38.671 7.04 Q Total (cfs) 70.00 Flow (cfs) _f 4.02 64.661 1.32 Top Width 40.69 jft)ii Top Width (ft 27.00 10.00 3.69 Vel Total (ft1s), 0.96 Avg. Vel. (ft/ 0.15 Hydr. Depth 0.99 1.67 0.19 Max Chi Dpth (ft) 4.06 3.87 1.91 Ifir-ims. (ft), - -Max Crit W.S. (ft) Wetted Pen (ft) 28.46 j 10.03 5.31 Conv..T Ral cfs) 1911.0 109.8 1765.21 36. Plan: Plan 01 Reach: OWL CREEK Riv Sta: 1.1 Profile: 1 8121197 W.S. Elev (ft).:. 84.63 Eleme IA O MI. n-V,- 0.350 hannel Right 08 0.080 0.350 Val Head 0.04 ff.-G-. Elev (ft) 84.67 Reach n, ft) Len." ft 20.00 L 20.00 20.00 E.G. Slope (ftfft) 0.001282 Flow Area 26.37 _ �s' - 39.36 6.97 Q Total (cfs Y. 70.00 Film (cfs) 3.82 64.91 1.27 Top Width (ft), 40.67 Top Width' 27.00 Avg,,Yel. (]U,w 0.141 10.001 1.65 3.67 0.18 Vel,Total (ft1s)' 0.96 Chi Dpth (ft) 4.29 Hydr. Depth (ftim 0.981 3.94 1.90 -Max Crit W.S. (ft) Wetted!' s ft 28.391 10.08 5.28 Total (cfs) 1954.7 CM 105.61 1812.5 3=6 000083 I I I I I I I I I I I Plan: Plan 01 Reach: OWL CREEK Riv Sta: 1.0 Profile: 1 8121197 W.WE16V (ft) 84.60 Val Head (ft)' 0.05 Er-I 0.350 --- el Right 0 0.080 0.350 E.G. Elev (ft), 84,65 E.G, Slo 0.001084 Q Total 70.00 112—MM Flo 9qft)jq 60.27 Flow ,(Cfs) 17.50 24.411 49.851 12.99 2.65 Top WidtWW( 27.00 Top Width (ft) 19.00 4.001 4.00 Val Total (ftIs 0.72 Max I Dp 6.10�Hydr. jAvg. Val. (ft1s) 0.29 Depth (ft) 3.17 2.041 0.20 6.10 3.25 Crit Conv. To 2126.11 20.1 Co 6 1513.9 80.5 1 000084 %J 0113 - CL-�tpen/Pitkin Community n y ' JDevelopment Department 130 South Galena Street Aspen, Colorado 81611 (970)920 -5090 City Land Use Application Fees: 00113-63850-041 Deposit -63860-043 HPC -63885 -268 -63875-046 -MROI l 100011 -67100 -383 15000- 63050480 15000- 63065-482 Public Right -of -Way Zoning & Sign Permit Use Tax Park Dedication AH Commercial AH Residential County Land Use Application Fees: 00113 -63800-033 Deposit�� -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113 -63810-035 County Engineer __�� - -- 00115 -63340 -163 City Engineer - - -- 62023 -63340 -190 00125 -63340-205 Housing Environmental Health -- - -- 00113-63815-036 County County Clerk 00113-63812-212 WildliteOfficer — Sales: 00113 -63830-039 County Code - - - -- - 69000 -145 Copy Fees - - - -- Other — Total_` /[/- Name: Y Date: Check: AAA Pte, Project: - Case No: .- Phone: No. of Copies 000085 � . . I, VICINi-ry MAP EGAL DESCR I PT I ON A TRACT OF LANO BEING PART OF 1.01' 9 10 13 AND 14 AND THE WEST 1/2 OF THE SE, 1/4, IN SIECTION 4 TOWNSHIP 10 SOUTH: RANGE 85 WEST OF T14E 6th P.M., MORE FUI-LY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH FENCE OF Ol CREEK ROAD FROM iFHcH TUE.' FAST 1/4 CORNER OF .SECTION 4 HEAR$ N 89001'11'E 2,634,6c) FEET; THENCE $09458'25^E 72 40 FEET- THENCE S07015-51-W 154 - 00 VEEJ; 2 , THENCE $11011'35"W 1S/ 65 F El THENCE N89059*55"W 349 75 FEEJ� THENCE NOI'32'35'E 455:7) FEET'TO THE SOUTH FENCE OF SAID OWL, CREEK ROAD; THENCE S89057*47"' 166.98 FEET AL.ONG THE SOUTH FENCE OF OWE. CREEK ROAD; THENCE SFE9435'55`E 189.88 FEET ALONG THE SOUTH FENCE OF OWL. CREEK ROAD; THENCE N76021'41'E 3'/.16 FEET ALONG THE SOUTH FENCE OF OWL CREEK ROAD I'D THE POINT OF BEGINNING. COUNTY OF PITKIN STATE OF COLORADO L E G E N D & N 0T"E S 0 FOUND NO. 5 REBAR WITH CAP AS DESCRIBED 0 SET $PIKE SURVEY CONTROL -EF- WOOD FENCE'. LINE.' WIRE FENCE. LINE T I TI.,E COMMITMENT: SIEWARI" TITLE OF ASPEN ORDER NO. 00023642 DATED: MARCH 24, 1997 POSFED ADDRESS `2298" ELEVATION DATUM IS ARBITRARY BASED ON T.S.M. SET STEEL. SPIKE AS SHOWN, CONTOUR INTERVAE IS 1 FOOT 0 SET 129 PROPERTY CORNER NO. 4 REBAR WITH RED CAP 100 FLOOD PLAIN f-ROM WRIGHT WATER ENGINEER'S INC. Erl WETLANDS REPORT DATED ADC. 291 1997 A(,T,ORDINO TO COLORADO LAW YOU MOST COMMENCE-' ANY LEOAL ACTION PASEO UPON ANY DEFECT IN THIS PLAT' WITHIN THREE YEARS AFTER You FIRST 01SCOVEREO SUM DEFECT. IN No EVENT, MAY ANY ACTION i UPON ANY ill IN THIS PEXJ' BE CnMMi MORE THAN TEN YUAN$ FROM ll DATE OF THE CER'ErIFIC41`11061 SHOWN HEREON. � 11-4 .4," 1, 'C S"U-) 7 - , . NT-4, R A, N , � 11 mm (1". RISTW 1041 REVIEW MAP AND CONCEPTLML SUBMISSION 1� " m 20* TELEPHONE EASLEMEIN"If BOOK 229 PAGE 58 STREET F ROADWAY ,) k, .... .... 2634.66' 13 WITNESS too - ORNE4 00 S 7 c EASI'1/4 CORNER m"w S ET, T 10 N 4 FTrT (1 G -.Jullg BIEL- ........ . . . . . . . . . . . r 7' (3RA wir PUMP Pfi TANK 1101101 HOUSE ✓ 12, 86A I E Ell 34 w. 2 6 4 50' ME 'TRACK WHEIL"'I'll(") vt ..... . igll 0 Wool) 0 FRAME HOUSE GAIi RlSo 9 S&PfiC MOOPM 11) 3404 0 MT04CK N ­Nw "ZI: Ir SEPTOC FIELD SCALE L 'AIMA-- -4 7,0+651 ACRES J ) '� \v `/' .'' .'» y INCH - 30 FEET I, oil< 00 N11 Ile z� — f. ;wwv 9 , 30 45 60 SET T M CONTOUR IN'FERVAE IS I FOOT let) lima'' EEL I lax, Is Q Aft A Ot 4000 Ana . . . . T DEPARTMENT COMMUNITY DEVELOPMEN 95 J :x 4c, APPROVAI- Z THIS 1041 REVEFW MAP WAS REVIEWED AND APPROVED BY THE PITKIN TY DEVELOPMENT DEPARTMENT'S "HEARING OFFICER', J!, COUNTY COMMIl �tl, Iqq % AY OF �X WNW, 11 61611 CER -%ff "Hall 1kmv:a::;A- vmoreAeA N,N4111,1 01 �0 pokwpowtvinJ /00 1041 HAZARD WAIVER IN, COUNTY OF THE EXISTENCE OF "1041 HAZARD AREAS' THKr MIGHT AFFECT APPLICANT ACKNOWI.EDGES THAT IfE/SHE HAS BEEN INFORMED BY PITT F HE -Y THE PROPERTY AND ANY IMPROVEMENTS, AND USE AND OCCUPANC THEREOF. t a. no ( 4, Oz. 1. A ,,,w.� +,�„�r.�„�...ww"�'.,ax�' �, �b�y" Nml^ . m»' mlu 'V; °11';a,�in�noiia'f.'.,,,� / ° ` � � A •per• „r•r »�/� �x� �'� � � ""�. ' 1 + i � i + � ' , ' � � � 1 ' . ' ; i , . , r ' , V � „,... pall a,640i . . . . . . . . . . . . a �,. 1 DAVID W.v "R� � RI I3TFR p" ND }aU 'CA�'pe DO 14EREBY CEc fil I tre-0000 FE Y SHOWN ME NrTHAT THE SAME AR r THE PLATTED $ 1 AND ROADS . . T EBOUNDARY ROAD$ AND OTHER R� 41 HAZARD REVIEW S I ONT, M F BOUNDARY . . . . . co I I I P I A I- N OTE S 17 iAN(4)*111%=FICIAL. SEAL TI-113 IN AVE. UP, DAY 0 . . . . . . . . . . . . .'1' ALL. STRUCTURES SHAIJ, BE GENERALLY LOCATED AS SHOWN .............. . . . . . . . . . . . . . ON THIS SITE PLAN. STRUCTURES IN OTHER LOCATIONS SLI&• REOUIRE FURTHER REVIEW BY THE HEARING OFFICER. EA( Ilp I CAL .... . . . . . . . 0 . . . . . . . . . . . . . . WATER PIPEL.INE EASEMENT TO SPRING L,OCATED NOS*37*05"W 753.85 FROM WC TO 91/4 CDR SECTION 4 THE EXACT LOCATION OF THIS PIPEI.INE AND EASEMENT ARE NOT SPECIFIED SEE BOOK 229 AT PAGE 466 CLERK & RECORDER ACC1'--r,-rANC1,,',' THIS MAP WAS ACCEPTED FOR RECORDING IN OFFICE E 1.4-up AN!O,%IECORDER OF PIT �tl,,COUNTY Oft,�T hDAY 109 IN PLAT BOOK AT PAGE RECEPTION NUMB - 'R CT 4 RECO R PREPARED BY ASPEN SURVI"Y ENGINEERS, INC,. 210 $. GALENA STREET P.O. Box 2506 ASPEN, COLO. $1611 PHONE/FAX (970) 925-3816 job no. 25236A NOV. 30, 1998 00�/