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HomeMy WebLinkAboutBocc Packet 10232013 Last Chance 2 South ParcelMEMORANDUM TO: THRU: FROM: Suzanne Wolff, Senior Planner RE: Board of County Commissioners Regular Meeting — October 9, 2013 Cindy Houben, Community Development Director Last Chance No. 2 South Parcel Activity Envelope Review & GMQS Exemption SUMMARY OF REQUEST: The Applicant has requested approval of an Activity Envelope to accommodate a single family residence. The application was originally scheduled for review by the BOCC on October 10. 2012. The Applicant requested several continuances in order to provide additional information. Supplemental information is attached. Staff has opted to forward this application to the BOCC for consideration and decision, since it is one of four applications submitted for adjacent parcels in the Lenado area that are all being reviewed concurrently. APPLICANT: Last Chance Number 2, Inc. REPRESENTATIVE: Jim Curtis LOCATION: Portion of the Lenado townsite along Woody Creek Road ZONING/LOT SIZE: RS-20/48.49 acres BACKGROUND: The Applicant recorded a 35+ acre subdivision exemption plat for the Last Chance No. Two South and North Parcels in Plat Book 99 at Page 71 (4/3/2012). EXISTING CONDITIONS: The parcel contains several existing structures, including: Melody Cabin (1950), Liccardi or Teague Cabin (1950), Hurlick or Ruby Cabin (1950), Strauss Cabin (1885), Sheffield Cabin (1950), Cahill Cabin (1950), Dolle Cabin (1970), Workshop (2010), Lenado School House (1940) and the Flogaus Lumber Company Office, aka Sawmill Office (1940). The Melody Cabin has collapsed and the Hurlick Cabin is falling down. The School House, Sawmill Office and Sheffield Cabin have been restored. The Workshop is a new building in the location of a former garage. The Tin Pot Trail that connects Lenado to Four Corners and Hunter Creek starts on and crosses the parcel. ACCESS: Woody Creek Road crosses through the parcel, and the proposed envelope includes area on both sides of the road. A 60' right-of-way for the road is excluded from the Activity Envelope. 1 000001 c ao The County is currently in litigation with the Applicant concerning public access rights along an historical road alignment that traverses a portion of the northern corner of the property. The historical road alignment that traverses the property is shown on the map provided as Attachment D. The alignment appears on the Activity Envelope Plan as "30' driveway access easement." Pending a final judicial determination concerning public access rights along the historical road alignment, no development shall be permitted within the area 30 feet on either side of the center line of the historical road alignment that traverses the subject property as depicted on the map. REFERRAL COMMENTS: The Woody Creek Caucus District Planning Commission states, "We have no objections to the subject applications for activity envelopes [including the Last Chance No. 2 South Parcel application], as long as there is compliance with all applicable code provisions." Suzannah Reid, Historic Preservation Officer, submitted comments that are addressed below. Aspen Valley Land Trust does not have any objection to the application [the property is adjacent to lands under a Conservation Easement held by AVLT.] Comments are attached for reference. The application was referred to the Colorado Geological Survey, but comments were not available to include in this packet. GMQS EXEMPTION: The 35+ acre parcel is newly and legally created under the State's Subdivision Exemption provision. A newly created parcel must either compete in the Growth Management Quota System (GMQS) to obtain a floor area allotment for the parcel, or demonstrate that the parcel is exempt from GMQS. The Applicant asserts that the Strauss Cabin on the parcel was built in the 1890s, and, therefore, is an "existing, pre -zoning, pre -building permit, pre-GMQS regulations legal cabin on a 35+ acre parcel. County policy allows for a Building Right of 5,750 square feet exempted from GMQS." Staff agrees with the premise that the existence of a residential structure that was built prior to June 12, 1978 (adoption of growth management regulations) would confer a development right that would potentially allow a replacement residence of up to 5,750 square feet on a new 35+ acre parcel in the RS-20 zone district. The Strauss cabin is intact and complies with the Code definition of a "structure." While the cabin is not currently occupied, staff has not in the past required a demonstration that a structure has been continually occupied in order to be eligible for an exemption. Therefore, staff agrees with the Applicant that the Strauss Cabin confers a development right on the parcel. However, staff would note that the parcel currently contains approximately 5,000 square feet in the various standing structures (based on the information provided by the Applicant). The Code allows an exemption of up to 5,750 square feet on the parcel, which includes all structures. If the Applicant's intent is to construct a new residence of up to 5,750 square feet of floor area, then all of the existing structures would have to be demolished. The Applicant has not proposed to designate any of the structures to the Historic Register in order to request an incentive for an additional residence exempt from GMQS. In addition, Sec. 4-10-20 of the Code only permits one principal residential use per parcel, therefore, if a new principal residence is built on the parcel, then any additional residence(s) would have to be deed restricted or could remain if designated to the Historic Register. ACTIVITY ENVELOPE REVIEW: The property includes a portion of the original townsite of Lenado, area along Woody Creek, a portion of the open meadow on the south side of Woody Creek Road and steep slopes to the south of Woody Creek Road and the meadow. The proposed Activity Envelope includes the majority of the portion of the meadow on the parcel and a smaller area on the north side of the road. The 000002 Activity Envelope excludes a 60' right-of-way for Woody Creek Road. The Activity Envelope Review establishes where development may occur on the property in compliance with the Code and in conformity with the applicable Comprehensive Plan. After an Activity Envelope is approved, the Applicant is required to apply for and obtain approval of a Site Plan, prior to submission of a building permit application. Wildfire: The Activity Envelope is within a low wildfire hazard area in a meadow. The Applicant shall comply with the applicable wildfire hazard mitigation standards of the Code. Slopes: The Activity Envelope is comprised of slopes of less than 30%. Wildlife: The parcel is within elk and mule deer summer ranges, where development is permitted by the Code. Development of the parcel will have minimal impacts on wildlife, given the surrounding development. Floodplain: The floodplain for Woody Creek is not delineated. The application states, "To the best knowledge of the applicant, the Activity Envelope lies outside of any mapped 100 year floodplain." Where the floodplain has not been established, the Code requires that development avoid all lands within an area 20 horizontal or five vertical feet from the existing high water line, whichever land area is greater. The proposed envelope is more than 20 horizontal feet and 5 vertical feet from Woody Creek. Geologic Hazards: The County's geologic hazard maps show potential avalanche areas on the steep slopes to the north and south. There is also a mapped alluvial fan along the valley floor where the Activity Envelope is sited. The original application did not adequately address the potential avalanche and alluvial fan hazards on the site. Subsequently, Art Mears, P.E. evaluated the activity envelope and determined that it is not exposed to avalanche hazards, and is not within an active alluvial fan affected by debris flow or a rockfall area. Staff submitted Mr. Mears' report to the Colorado Geological Survey for review, but comments were not available to include in the packet. Staff will contact the CGS prior to the meeting. River and Stream Corridors: Woody Creek runs through the parcel. The Activity Envelope maintains a 100' setback from the Woody Creek, as required by Sec. 7-20-80 of the Code. Historic Resources: The original portion of the Strauss Cabin dates to the Mining Era (1881 — 1917), with added elements from the Sawmill Era and Hippie Era (1970 — 1975). Structures from the Sawmill Era (1937-1975) include the School House, Sawmill Office, Liccardi/Teague Cabin, Melody Cabin (collapsed), Hurlick/Ruby Cabin (falling down), Cahill Cabin, Sheffield Cabin and Dolle Cabin. The School House, Sawmill Office and Sheffield Cabin have been restored. The Workshop is a new building in the location of a former garage. Suzannah Reid, Historic Preservation Officer, notes that the School House and Sawmill Office are important historic buildings representing the Sawmill Era that have undergone some appropriate restoration in recent years. She states that other structures are in varying degrees of deterioration and for the most part retain only partial historic integrity. The Applicant has not proposed to list any of the structures on the Historic Inventory or designate it to the Historic Register. Ms. Reid states, "As individuals all the buildings have somewhat compromised integrity at the least. The strength of the buildings are as a group and while some are irreparably altered or deteriorated, there are several which still have the potential to convey the history of Lenado." She adds that 3 000003 the Activity Envelope could negatively impact the remaining historic buildings; new development within the envelope would be reviewed during the Site Plan Review using the County's Historic Preservation Design Guidelines to ensure the compatibility of new construction with the historic character of the buildings on the site. RECOMMENDATION: Staff recommends that the BOCC approve the Last Chance Number 2 South Parcel Activity Envelope and GMQS Exemption, subject to the attached Resolution. ATTACHMENTS: A. Woody Creek Caucus District Planning Commission 9/7/12 B. Historic Preservation Officer C. Aspen Valley Land Trust D. Woody Creek Road Easement Study E. Art Mears report Application provided separately 4 000004 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE LAST CHANCE NO. 2 SOUTH PARCEL ACTIVITY ENVELOPE AND GMQS EXEMPTION Resolution No. -2013 RECITALS 1) Last Chance No. 2, Inc. (hereafter "Applicant") has applied to the Board of County Commissioners of Pitkin County ("BOCC") to establish an Activity Envelope to accommodate a new single family residence, 2) The property is located on Woody Creek Road in the Lenado townsite area, and is more specifically described in Exhibit A. 3) The parcel contains 48.49 acres and is zoned RS-20. The parcel was created in 2012; the subdivision exemption plat is recorded in Plat Book 99 at Page 71. 4) The parcel contains several existing structures, including: Melody Cabin (1950), Liccardi or Teague Cabin (1950), Hurlick or Ruby Cabin (1950), Strauss Cabin (1885), Sheffield Cabin (1950), Cahill Cabin (1950), Dolle Cabin (1970), Workshop (2010), Lenado School House (1940) and the Flogaus Lumber Company Office, aka Sawmill Office (1940). The Melody Cabin has collapsed and the Hurlick Cabin is falling down. The School House, Sawmill Office and Sheffield Cabin have been restored. The Workshop is a new building in the location of a former garage. 5) The BOCC finds that the parcel is exempt from Growth Management for development of up to 5,750 square feet of floor area, pursuant to Sec. 6-30-110 of the Land Use Code ("Code"), which provides for replacement of a legally created structure built prior to the issuance of County building permits. The Strauss Cabin on the parcel was built in the 1890s. 6) The BOCC further finds that the Activity Envelope complies with the applicable provisions of the Code, as follows: A) The Activity Envelope is not exposed to avalanche hazards, and is not within an active alluvial fan or a rockfall area, and, therefore, complies with Sec. 7-20-50 of the Code. B) Woody Creek flows through the northwest corner of the parcel. The floodplain for Woody Creek is not delineated. Where the floodplain has not been established, Sec. 7-20-40(a)(4) of the Code requires that development avoid all lands within an area 20 horizontal or five vertical feet from the existing high water line, whichever land area is greater. The Activity Envelope is more than 20 horizontal feet and 5 vertical feet from Woody Creek. C), The Activity Envelope maintains a 100' setback from the high water line of Woody Creek, as required by Sec. 7-20-80 of the Code. D) The wildfire hazard is rated as low, and can be mitigated pursuant to the provisions of Sec. 7-20- 60(c) of the Code. E) The activity envelope contains slopes of less than 30%. F) The parcel is within elk and mule deer summer ranges, where development is permitted by Sec. 7- 20-70 of the Code. Development of the parcel will have minimal impacts on wildlife, given the surrounding development. UCUUO5 Resolution No. -2013 Page 2 APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The property is exempt from growth management for up to 5,750 square feet of floor area. All of the structures on the parcel count in the measurement of floor area on the parcel. If a new principal residence is built on the parcel, then any existing dwelling(s) would have to be deed restricted to remain as a dwelling(s). 3. Prior to submission of any building permit applications, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7-10-50 of the Code. 4. Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization and recordation of them. The Activity Envelope Plan shall be amended as follows, prior to submission for recordation: A. Amend the boundaries to clearly exclude the 60' right-of-way for Woody Creek Road from the Activity Envelope. B. Amend the Activity Envelope boundary to exclude the area 30' on either side of the center line of the historical road alignment as shown on Exhibit B. 5. Pending a final judicial determination concerning public access rights along the historical road alignment that traverses the property as shown on Exhibit B, no development shall be permitted within the area 30 feet on either side of the center line of the historical road alignment. 6. With the building permit application for a new residence, the Applicant shall: A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. B. Submit a drainage and erosion control plan for review and approval by Planning/Zoning. If the development disturbs one (1) acre or more, the Applicant shall apply for and obtain a State Stormwater Permit. All historic and natural drainage patterns shall be maintained. C. Submit a large scale construction management plan for review and approval by Planning/Zoning. D. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. E. Submit a tree mitigation plan for the removal of trees larger than 6" DBH. Diseased trees do not require mitigation; a certified arborist must evaluate the trees to verify. F. Submit a landscaping plan. G. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. H. Submit a lighting plan. 7. Prior to issuance of the building permit for a new residence, the Applicant shall: A. Pay the applicable road and employee housing impact fees. B. Obtain an Access Permit for the driveway. LJOU006 Resolution No. Page 3 -2013 C. Obtain an On -Site Wastewater Treatment System ("OWTS") Construction Permit application from Environmental Health. 8. Areas disturbed by construction shall be re -vegetated within one growing season of the project's completion. 9. No development in excess of 30" above or below natural grade shall occur within the setbacks of the parcel, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms within the setbacks shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 10. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District, including but not limited to access, adequate area for turning around of fire equipment, installation of an approved fire sprinkler system and provision of an adequate water supply for firefighting. 11. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard Area: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): 1) Brush, debris, and non -ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. 2) 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. 3) 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. 4) 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. 5) Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. 6) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 7) The density of fuels within a 100 foot perimeter of the structures shall be reduced. 8) All deadfall up to a 100 foot perimeter shall be removed. 9) No new conifer trees shall be planted within 10 feet of a residence. 10) No flammable mulches shall be placed within two feet of a residence. 11) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. Resolution No. -2013 Page 4 B. Roofing Materials: Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the building code. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the approved building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Additional wildfire mitigation standards: 1) Roof vents shall be screened with corrosive resistant wire mesh with mesh % inch maximum. 2) Roofs and gutters shall be kept clear of debris. 3) Yards shall be kept clear of all litter, slash. and flammable debris. 4) All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. 5) Swimming pools or ponds shall be accessible to Fire Department vehicles, if required. 6) Fences shall be kept clear of brush and debris. 7) Wood fences shall not connect to the structure. 8) Fuel tanks shall be installed underground with an approved container. 9) 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. 10) Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. 11) Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. 12) New utility lines shall be buried within the driveway. 12. The Applicant shall comply with the following conditions regarding wildlife: A. Manipulation of vegetation outside of the activity envelope is prohibited, except as necessary to comply with the wildfire hazard mitigation measures. B. Contractors shall be prohibited from bringing their dogs on -site. C. Landscaping shall not include nut, berry or fruit producing trees or shrubs to minimize an attractant to bears. D. Trash/garbage shall be kept in an approved bear resistant container or enclosure as required by the County's Wildlife Protection Ordinance. E. All outside doors shall utilize only solid round handled door knobs unless another type is required by the applicable building code for disabled accessibility purposes. F. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and shall be at least 10' from the ground suspended between 2 trees or posts. All seed feeders shall L-JOu003 Resolution No. -2013 Page 5 include a seed catchment pan to catch discarded seeds. Bird feeders should be removed from April through November. G. Fencing shall comply with the following, except for fencing immediately adjacent to the buildings to contain pets or livestock: 1) Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed 48 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between two of the rails. 2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. 3) Mesh or woven wire fences are prohibited, except when used for protection around isolated trees or clumps of trees. 13. No development shall occur outside of the approved activity envelope, with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. 14. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 15. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 16. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 17. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on , 2016. �U0009 Resolution No. -2013 Page 6 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 66 day of September, 2012. APPROVED this day of , 2013. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the day of , 2013. BOARD OF COUNTY COMMISSIONERS, P1TKIN COUNTY, COLORADO By George Newman, Chairman ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO CONTENT: APPROVED AS TO FORM: liU�s.t CLJ`k� �S�! C t( Cindy Houben Community Development Director PID#264127200002 P038-12 John Ely County Attorney iDOLMA MIA - A - Suzanne Suzanne Wolff From: janet k schoeberlein <janetkayes©gmail.com> Sent: Friday, September 07, 2012 1:56 PM To: Suzanne Wolff Subject: Lenado Twelve LLC Silver Creek Lot 2 Activity Envelope Review, Last Chance #2 Inc South Parcel, Last Chance #2 Inc North Parcel We have no objections to the subject Applications for Activity Envelopes, as long as there is compliance with all applicable code provisions. For the Woody Creek Caucus District Planning Commission by Janet K. Schoeberlein Janet K. Schoeberlein 7274 Upper River Rd. PO Box 423, Woody Creek, CO 81656 970-923-0040, fx 970-922-7295 Email secured by Check Point I. tit Q 1 MEMORANDUM TO: Suzanne Wolff, Senior Planner FROM: Suzannah Reid, Historic Preservation Officer RE: Lenado: Last Chance #2 South, Activity Envelope Review (CASE P038-I2; PID 2641-272-00-028) DATE: September 27, 2012 The Last Chance #2 South Parcel includes several existing structures. In the summer of 2011 a cursory survey of the buildings in the Lenado townsite took place and each structure was documented. The structures in the South Parcel range from ruins to habitable historic buildings to new construction. The parcel includes nine structures. Four of which are outside of the proposed activity envelope. The four include the schoolhouse and the sawmill office, both of which are important historic buildings representing the Sawmill Era (1937-1975), which have undergone some appropriate restoration in recent years. The two others are a newly constructed workshop and a standing ruin also from the Sawmill Era, Inside the proposed Activity Envelope, the five remaining structures consist of four vacant, currently uninhabitable buildings and one recently restored building. The four are in varying degrees of deterioration and for the most part retain only partial historic integrity. The fifth, though restored, no longer retains any integrity. The Strauss Cabin has elements of all three historic trends that define the development of Lenado. Those are: Mining (1881-1917), Sawmill Era (1937-1975), and the Hippie Era (1970 -1975). As individuals all the buildings have somewhat compromised integrity at the least. The strength of the buildings are as a group and while some are irreparably altered or deteriorated, there are several which still have the potential to convey the history of Lenado. The proposed activity envelope could potentially have a negative impact on the remaining historic buildings. The townsite of Lenado is unquestionably an important historic site in the County. It does, however provide a unique challenge in terms of how and what to preserve. At this time no designation has been made part of this application and no detailed evaluation of eligibility for each of the buildings on the parcel has been made. When new development is proposed, Site Plan Review should include a review using the County Historic Preservation Design Guidelines to ensure the compatibility of the new construction with the historic character of buildings on the site. G U0u,112 AtiG Board of Directors Steve Carter President Rosemary Patterson Vice -President Lee Ann Eustis Secretary Dan Brumbaugh Treasurer Jam Aresty David Bellack Sue Edelstein Bill Kane Kate Schwarzler Staff Martha Cochran Executive Director Suzanne Stephens Assecrare Ott actor Melissa Sumera Once Manages Perrnalentl} eser c crcn kcnda for agr:c,iture, ::ilc'trc-, ::ri•. e=i,o,rn=:n' and recr.sotion July 9, 2012 Ms. Suzanne Wolff Community Development Department Pitkin County Aspen, CO 81611 RE: Last Chance #2 Inc. South Parcel Activity Envelope Review Dear Ms. Wolff: Thank you for the referral of the Last Chance #2 application for expansion of an existing dwelling. The Community Development Department report is accurate and complete in describing the prohibition of subdivision imposed by the conservation easement which was granted to Trust for Public Lands in 1978. The easement, believed to be the first in Colorado, was transferred to Aspen Valley Land Trust in 1988. The proposed residential expansion is not located on land within the conservation easement and does not propose subdivision and therefore, AVLT has no objection to this application. Much has changed in the 34 years since the Lenado conservation easement was put into place_ The staff recommendation allows for the landowner to modernize and make improvements within the terms and intent of the perpetual restrictions contained in the conservation easement. Sincerely, ZAJI&L 6c,Ad4,_ Martha Cochran Executive Director /� [arid Trutt /'} 32C iOcan meet • Sore %0. • Ccr'L `ndale G_I� od_' .E1 c 23 • ='70 063 d 1-10 phone • '?7Ci r a3.8 -1 I ,�,.warlf Dig 0OU013 A -RP i4 / C N N k..t, 4.•,? , -...,,, , •-...„.. 1",.7:, i'f.q.1t '------'------_,„...„, ---4-ak-'"' ,.----. — .....„ .T41.02.S - 321.1. NYCICIIII ,,i —4134 -----▪ ....... '''.. -------=Zt-,-, . / 02,,,- ..-'3---. "-----L..„!_,/ , , / A •-, -- - - , -----___,,, / / "i•fip ,- c--------• ---' , 1 rs ., ''061,-,. I -4 p 3 p §P. / z-, ' ', a ' ‘ V 'I'6' 1,;: .Z.> 1 / o oo.:: ....' / / V 1 4,,,... i' ..--,-, \/ / :;-2 / -, ,/ ,., :/ /' -.‘• ..,/ -..., 04. PIiiii „ 1 / .%, z.,,. .-:•-• ' '.. / OV / '' .-,-c/ / . / / .,:,- / ? i 4 i14, \ : , ,,,/, ,4,,.../..."....„,.......:::___,:;:,___,,,.,,,. / .,.... _ _ / ---- -, ' . / - ,, - -- .,..........) \ / N /e. 'a-, • iC1 r / fl ' ' 4 /`'`,Z•2\41>' = / 1<z-,, ------._ ..,. s, ....„ ,.1. \ 4'',. -- '1 ! .\--. 4,_ °''',9 54, - `,./.,17), '---1.-".1,-,:e1:4-% 4"‘ .----'-----' -,-4.,1 e i 1;'.. , ----.. 1 ,z,,, .--__ ' 40 '-,--,,,-, , ...,. - L i .-.., 1g I/ r V:111';,V 00014 MEMORANDUM TO; Suzanne Wolff FROM: Jim Curtis, Planner DATE: March 18, 2013 RE: Supplemental Information Lenado, Last Chance No. 2 South Parcel Activity Envelope Review & GMQS Exemption Application Parcel # 264127200028 Attached is the supplemental information you requested in your October 10, 2012 Memorandum to the Pitkin County Board of County Commissioners. The information you requested was: 1. An avalanche hazard report from a certified engineer, geologist or avalanche expert; 2. An assessment of the alluvial fan from a qualified professional geologist or engineer. Exhibit 1, attached, is a Hazard Exposure Evaluation from Arthur Mears, Natural Hazards Consultant. As stated in Mr. Mears report, the Last Chance No. 2 South Parcel Activity Envelope is not exposed to avalanche, debris flow (alluvial fan) or rock -fall hazards and consequently no mitigation measures are required. 00u015 Exhibit #1 Arthur I. Mears, P.E., Inc. Natural Hazards Consultants 555 County Road 16 Gunnison, CO 81230 TeUFax: (970) 641-3236 Cell: (970) 275-1548 November 17, 2012 Mr. Jim Curtis — Curtis Associates 300 E. Hyman Ave. 2nd Floor Aspen, CO 81611 Via email RE: Hazard exposure evaluation, Lenado Properties, Lenado, Pitkin County Dear Mr. Curtis: As discussed with you last month, this letter provides my conclusions about the exposure of 4 designated activity envelopes on the Lenado Properties to snow avalanches, debris flows, and rockfall. Other geological or geophysical hazards affecting the activity envelopes, if any, are beyond the scope of my work. The 4 activity envelopes are located at the Lenado townsite near the confluence of Silver Creek and Woody Creek at approximately 8,600 — 8,700 feet elevation. They are designated: a. Last Chance No. 2 South activity envelope; b. Last Chance No. 2 North activity envelope; c. Hidden Treasure activity envelope; and d. Silver Creek activity envelope. The sites were shown on detailed maps with 10' contour intervals derived from Aspen/Pitkin GIS topography. The GIS maps were based a 2011 aerial survey. 1. Study Objectives This study has the following objectives: 1.1 Evaluation of snow avalanche, debris flow and rockfall hazards at the designated envelopes; 1.2 Recommendation of mitigations concepts (not design details) that may be needed to eliminate or reduce the hazards to an acceptable level. 2. Study Limitations This study has the following limitations which must be understood by all those relying on the conclusions and recommendations: 1 00U016 2.1 General -- You as my client should know that while our company can and does attempt to uphold high professional standards, the state of scientific and engineering knowledge is incomplete, and does not always permit certainty. The complex phenomena involved in avalanches, debris flows and rockfall cannot be perfectly evaluated and predicted, and methods used to predict their behavior change as new research becomes available. While we can and will offer our best professional judgment, we cannot and do not offer any warranty or guarantee of results. 2.2 The results are site specific and apply to the activity envelope locations provided to me. Any changes to these locations may invalidate the conclusions and results of my analysis. 2.3 The results apply to current terrain and forest -cover conditions. Any substantial changes may also invalidate the conclusions and results. 2.4 Snow avalanche, debris flow and rockfall hazards probably exist within the general Lenado area or on the access routes to Lenado. Evaluation of potential hazards and risks on access routes or areas beyond the activity envelopes is beyond the scope of this study. 3. Terrain, Weather, and Snowpack conditions Due to their relatively high elevation (— 8,700 feet), the activity envelopes are susceptible to enhanced snow accumulations with westerly prevailing winds, especially during large sustained winter storms. Although large snow avalanches are possible at some locations near Lenado, only the Silver Creek envelope is exposed and three of the activity envelopes (see section 3.1) are not exposed to snow avalanches. 3.1 Snow avalanches The following activity envelopes are not exposed to avalanche hazards and therefore require no mitigation: a. Last Chance No. 2 South activity envelope; b. Last Chance No. 2 North activity envelope; c. Hidden Treasure activity envelope. The fourth site, the Silver Creek activity envelope, is located below a steep (-33° to 38°) west -facing slope below and slightly above the Larkspur Mtn. Road. This slope could produce small snow slides. The slope is 90-120 feet high below the road, therefore a sufficiently deep snow slab could release from this slope and travel completely across the activity envelope and approach Silver Creek on the west of the envelope (see Figure 1). During extreme conditions a slab approximately 1.0m (3.3 ft) thick may release to form a "snow slide'." This would We use the term "snow slide" rather than "avalanche." Because of the short slope the snow slab would not break into small fragments and flow. Because of small velocities, the largest - volume events would slide like a rigid body or break into individual large fragments. 2 000017 mm m� mmm mm �m mm � 4 IIIII!II!II!III!II!I !! II I����I ��� mmm detach, slide down the short, steep slope and reach the envelope and any structure localfed on it. Avalanches may produce impact pressures lexceelding normal design -loading capacities on uphill (E-facing) surfaces, but these have not been determined. �lu�� ��" �Illlillgp�nllp1ijlllllj� `'' �Illllilll,lllllll�do��� ��,�gvaV' Ili'1llllllillllllllll I i iiu���uuuuuuuu,,, 641gi!!!IlVquiiiii"°: ii°°!!!!!!lullltliiiit' u"ulwp rlwnigl„, 'Jh „'dliliuuliiuuuii'lm,miii;'i(i'' yml' NRplll '!!I'.III�IIRI�i�'Ipugiplluli';', ^I � umm,llUur iIIIIIIIIIIIIII IIIIIII,p10,1,1 iuu�d'lllllllrn'�!IUJdA1 llllmmd ue �!II Ijjjld ivw lidl�' ` �'mlu,,,,,„ l 1111 Illlllll ifim .111lllllii,i q� du fill;;; aiiw„r,ro iiiiiiiiii llll I I rr'I IIIII IIIIIIIIII d'r;'ihllilVVlllil''lIQ!JG�;IdlrP, Slides may result from natural release of an unstable snowpack due to heavy snow accumulation, from a sudden thaw, or from small avalanches falling onto the road from the slopes above it. They may also be released b skiers or snowmobilers. Various factors may combine to trigger snow slides. The envelope is located in a moderate -hazard avalanche zone or "blue zone," as defined in Pitkin County. This is defined as: 18 An area within which avalanches will occur at return periods in excess of thirty (30) years and/ore will have impact pressures of less than six hundred thirty (630) pounds per square foot. Avalanche frequency and impact pressures decrease toward the outer limits of this zone. When avalanches occur and run to the outer boundaries of this zone they can be very destructive in spite of their reduced probability and pressures. The avalanche Moderate Hazard Zone is also known as the Blue Zone" if the blue zone cannot be avoided, building within it may be acceptable if structural avalanche protection is used to protect the property and occupants and there is no adverse impact to neighboring property. Recommendations of avalanche mitigation criteria are beyond the scope of this study. However, avalanche velocities and impact pressures would be small in this particular blue zone because (a) the avalanche (snow slide) falls only 100-140 feet and released slabs and would not attain high velocities and energies. Therefore, structural mitigation would be feasible at the Silver Creek activity envelope. The other 3 activity envelopes are not exposed to snow avalanche hazards as stated above and therefore do not require mitigation. 3.2 Debris flow (alluvial fan) hazards The Hidden Treasure Activity envelope is located on the lower, southwestern end of the Cliff Creek alluvial fan and on the southern side of Larkspur Mtn. Road. The Cliff Creek alluvial fan does not show evidence of debris flows but may be affected by minor flooding during peak runoff during spring snowmelt or by rainfall -induced flooding. Flooding may occur rather than debris flows with a large sediment content. This is true because the small drainage basin of Cliff Creek does not have evidence of unstable or easily eroded areas and supports a conifer forest over much of the basin area. Because any flows or floods would have to cross both Larkspur Mtn. Road and the access road to the activity envelope, hazard to the site from debris flows is insignificant. None of the 4 activity envelopes, therefore, are located on active alluvial fans affected by debris flows. Consequently none require mitigation from debris -flow hazards. 3.3 Rockfall None of the 4 activity envelopes are located within rockfall areas. Unstable cliff source areas do not exist above any of the sites. Other sources of unstable 2 Technically both return period and pressure criteria must be satisfied in the blue zone because if they are both not satisfied the zone would be disqualified as a "blue" zone and would be defined as a "red" zone. 4 u0u019 rocks, such as glacial till, are not located above any of the activity envelopes. Consequently, none will require mitigation from rockfall hazards. Report prepared by, Atth 1. Meall Arthur I. Mears, P.E. 00U020 BOCC REGULAR MEETING OCTOBER 23, 2013 Continued Reading and Public Hearing of Resolution Approving the Last Chance No. 2 South Parcel Activity Envelope and GMQS Exemption — MOTION TO APPROVE, AS AMENDED Staff Person: Suzanne Wolff, Senior Planner Applicant: Last Chance Number 2, Inc. Representatives: Jim Curtis, Planner; David Myler, Attorney; and Rick Neiley, Attorney Map and Water Testing Results associated with the above item submitted during meeting. 14 1m " q 4 " M N 1 ' Oct 22 2013 14:46 Aspen San. STANDARD BACTERIOLOGICAL WATER TEST ASPEN CONSOLIDATED SATURATION DISTRICT 0400 SERVICE CRATER DRIVE ASPEN, COLORADO 81011 -1 �y CB7O/,G2S77281. EA 00 • A f� / PINS ID it \ 4.57 a�'14P0j- /Pp c� SO* LINIIOnIAtC Cili 1'L SAMPLE TAKEN: DATE /0n •1.3IAE f/L A. gar CO(MTY KL (e1/41 SAMPLER e WIT MGA- I 1 COMMUNITY SUPPLY ( I ROUTINE DISTRIBUTION SYSTEM SUPPLY ) NON 00WAUNm ( ) CHECK SAMPLE ( ) PR�O0CCESS WATER ( )OTHER FREUD ( I RAW ( ) GROUND (s.)•SURFACB ( ) PRIVATE ( I SPECIAL PUF;POSE SAMPLE "NOTE:FALL IIWIYATION B NOT SIPRJED, THE SAMPLE WILL BE DISCARDED. REMARKS: p I,�„ ` n RETURN TO CRA~s• (eto 1`S ADDRESS t rs7 L ut_ AkDa+ /girt CITY$TATTEE if Ofew Ca Al .,/.mil PHONE 349-3.f7X 1,�4py7✓ -SEE INSTRUDTION$ ON BACK PAOE- BEE REVERSE FOR TIME UMITATIONB, SAMPLING INSTRUCTIONS AND CEFINR'CNB. G:P 10W10 Laboratory S706257278 yp_ 1 Angst �►•y'�UNSUITARNT FOR TEST❑ RE:. 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