Loading...
HomeMy WebLinkAboutpitkin.planning.272909202001 (2014)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 and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2729-09-2-02-001 Application Date: 7/11/14 Description: Knapp Activity Envelope and Site Plan Review Project Address: 700 DORAIS LN, CARBONDALE, C081623 Property Owner: KNAPP Address: 7451 N 63RD ST LONGMONT, CO 80503 Owner's REP: TOM NEWLAND Address: 417 ORIGINAL RD BASALT, CO 81621 REP's Email: tom@npri.co Case No: P060-14 Planner: Mike Kraemer # Copies: 1 Allocated Hours: 12 % Over Hours: 4.4 Owner Phone: REP's Phone: (970) 618-9922 Referrals: CDOW Other Referrals: Crystal River Caucus None ALL OTHER REFERRALS Comments Due Date: 09/08/2014 Meetings: 1st Meeting: 2nd Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 08/07/2014 Meeting Notes: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 008-2015 #617522 Other Information: VR Approval Date: 02/10/2015 Plat Recorded Date: 02/19/2015 VR Expires Date: 02/10/2018 Plat (Bk, PG): 8109 P42-43 #617523 Remarks: Application Type: Activity Envelope Site Plan 3rd Meeting: RECEPTION#: 617522, 02/19/2015 at 12:04:32 PM, 1 OF 6, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE KNAPP ACTIVITY ENVELOPE AND SITE PLAN REVIEW Administrative Decision No. d - 2015 RECITALS Terry and Sue Knapp (hereafter referred to as "Applicant") have applied to the Community Development Director of Pitkin County ("Director") for Activity Envelope and Site Plan approval to construct a detached garage/workshop and reconstruct a garden shed 2. The subject Lot is located at 700 Dorais Way and is legally described as Attachment A No previous land use decisions apply to the property. The existing residence received a Certificate of Occupancy for an addition in 1986. 4. The application was referred to the Carbondale and Rural Fire Protection District, Crystal River Caucus, and the Colorado Division of Parks and Wildlife (CPW). No objections were received. The affidavit of public notice was mailed on August 1 st, 2014 to the property owners within 300' of the subject parcel. No objections were received within 30 days. Public notice was published in the paper on August 7th, 2014. The Director finds that the parcel: (1) is mapped within Elk Winter Range; (2) is mapped within a low wildfire hazard area; (3) is mapped within a Scenic View Protection area as viewed from Hwy 133, a designated Scenic Corridor; and (4) abuts the Crystal River. The Director further finds that general wildlife standards and low wildfire standards will be applied as conditions to mitigate the hazards. The future residence will not obstruct a ridgeline when viewed from Hwy 133. The proposed Activity Envelope is in compliance with the 100' setback from the mean high water mark from the River and also avoids the 100 year floodplain of the Crystal River. The Director further finds this request is consistent with the requirements of the Land Use Code. APPROVED by the Director, subject to the following conditions: The Applicants shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. 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. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Page 1 of 6 Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 4. The Lot is exempt from Growth Management for up to 5,750 square feet of floor area. Development proposed over this floor area will require further County review. No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. Approval of a landscape envelope within such setbacks does not assure approval of a variance. The future residence shall utilize non -reflective roofing and indigenous earth tone colors for the fagade of newly constructed buildings. Prior to issuance of a building permit application for the residence, the Applicant shall: A. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. B. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre. C. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. All slopes steeper than 2:1 shall utilize erosion control blankets. D. Submit engineered plans for retaining walls greater than four feet in height. E. Submit a construction management plan for review and approval by the Planning Engineer showing the locations of staging, material storage and employee and construction traffic parking. F. Pay the applicable road impact fees. 8. The Applicant shall adhere to the low wildfire standards below: A. Defensible Space: 1. Brush, debris and non -ornamental vegetation shall be removed within a minimum ten -foot (10') perimeter around all structures. 2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (3 0) foot perimeter around a structure built on flat ground. Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 3. All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 4. Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. Page 2 of 6 5. All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 6. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 7. All deadfall up to a one hundred (100) foot perimeter shall be removed. 8. No new conifer trees shall be planted within ten (10) feet of a residence. 9. No flammable mulches shall be placed within two (2) feet of a residence. 10. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. All roof coverings shall be constructed of a Class A roof and installed on a Class A roof assembly. Wood shake/shingles are prohibited. 1. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: a. All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. b. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. c. Protrusions above the roofline, such as parapets, shall be prohibited. d. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. C. The Applicant shall comply with the following maintenance and miscellaneous requirements: 1. Roofs and gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (1/4) inch maximum. 3. Yards shall be kept clear of all litter, slash and flammable debris. 4. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 5. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 7. Swimming pools and ponds shall be accessible by the local fire district. 8. Fences shall be kept clear of brush and debris. 9. Wood fences shall not connect to other structures. 10. Fuel tanks shall be installed underground with an approved container. 11. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be Page 3 of 6 constructed with materials approved for two (2) hour fire -resistive construction on the exterior side of the walls. 12. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 13. The Applicant shall comply with all requirements of the Carbondale and Rural Protection District Code. 14. Addresses shall be clearly marked with four (4) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. 9. The Applicant shall comply with the following general conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelope is prohibited except for wildfire mitigation. B. Mesh or woven wire fences are prohibited outside. C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. D. Wire fencing must be three (3) strands or less. The top wire should be a twelve -point - five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. E. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. F. Fruit bearing trees and shrubs are prohibited. This does not include pre-existing native trees and shrubs. G. Access shall be provided to the Colorado Division of Parks and Wildlife for trapping, tagging, studying, or otherwise managing wildlife. H. Trash/garbage shall be kept in an approved bear resistant container or enclosure. I. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. J. Horse grains, pellets, and cookies shall be stored in bear resistant containers. K. Pet food shall not be left outside. L. Dogs are prohibited during construction. M. All exterior door knobs shall have round handles. 10. No development, including grading, excavation, fill placement, driveway, turnaround, berms, landscaping, vegetation removal or disturbance, entry or ranch gates shall occur outside of the approved building envelope, with the exception of measures to comply with the wildfire mitigation required herein. 11. The access drive shall be built to current County Standards, as described in the Pitkin County Asset Management Plan and submit for an access permit. The driveway layout shall be staked in the field and reviewed and approved by the County Engineer, prior to commencement of construction. 12. 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 Page 4 of 6 within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 13. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within one growing season of the project's completion. 14. 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 February 1_, 2018. 15. 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. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the day ofF, nuc.; , 2015. APPROVED by the Director, this day of �P �) : , 2015. Cindy f Gu'en Community Development Director PID# 272909202001 Case# P060-14 Page 5 of 6 Legal Description Attachment A TRACT A, WILD ROSE RANCH SUBDIVSION, ACCORDING TO THE PLAT: THEREOF RECORDED FEBRUARY 3, 1983 IN PLAT BOOK 14 AT PAGE 33.4 COUN'T'Y OF PMUN, STATE OF COLORADO. Page 6 of 6 PO. Bo., 48 1 417 Ongmal Road, Unit B Basalt.'=C 81;21 Phone (9701 927 463`, Fa O97n) 9'7 01 % tomnOsopr , net July 10, 2014 Mike Kraemer Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 RE: ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2729-092-02-001 Dear Mike: Please accept this letter as Terry Knapp's (hereinafter the "applicant") request to obtain approval for an Activity Envelope and Site Plan for his property, located at 700 Dorais Way north of Redstone. As required in the Pre -Application Conference Summary (ATTACHMENT 1), this letter provides an explanation of the request, background information on prior approvals and permits, and shows compliance with the Code Sections listed within the Pre -application Conference Summary. BACKGROUND INFORMATION The property is about 13.4 -acres in size and is located between Dorais Way and the Crystal River. The property consists of open fields and scrub oak stands. Other woody plants, such as native mountainous shrubs, small cottonwoods and aspen are also present. Soils consist of dry cobbles and are covered with upland vegetation species. No riparian vegetation is present in the area where the Activity Envelope is proposed. The property is currently developed with a single family residence and multiple outbuildings. No previous land use approvals have been granted for the parcel. However, a Certificate of Occupancy was issued for the single family home in 1984. This application seeks to have an Activity Envelope and Site Plan for the property approved. This will allow the applicant to replace an existing garden shed and construct a new barn/workshop on the property. LAND USE CODE SECTIONS TO BE ADDRESSED Attached to this letter as required by the Pre -application Conference Summary (ATTACHMENT 1) please find the following materials, documents and information: SEC. 2-30-20(G): ACTIVITY ENVELOPE AND SITE PLAN CRITERIA FOR APPROVAL As evidenced by the contents of this letter and attachments, the applicant feels that this application complies with the Site Plan Criteria as set forth in Section 2-30-20(g): 000001 b S l- ATTACHMENT 1: Pre -Application Conference Summary Sheet; ATTACHMENT 2: Consent from the owner of the property for Newland Project SECTION 2-30-20(G): ACTIVITY ENVELOPE AND SITE PLAN CRITERIA FOR APPROVAL According to this section of the Land Use Code (hereinafter "LUC) a Site Plan shall be approved if it complies with (a) all applicable provisions of this Land Use Code, (b) any Activity Envelope previously approved for the property pursuant to Sec. 7-10- 50, and (c) all prior development approvals applicable to the subject property. Where the property contains Constrained Areas, the Community Development Department staff shall follow those Priorities for Locating New Activity or Development listed in Sec. 7-10-60. If an Activity Envelope has not been previously established for the property pursuant to Sec. 7-10- 50, one shall be established as part of the Site Plan Review process. APPLICANT RESPONSE: As evidenced by the contents of this letter, the applicant believes that the application complies with all applicable provisions of the LUC. SECTION 7-10-50 AND 60: ACTIVITY ENVELOPE & SITE PLAN The intent of this Chapter 7 is to allow activities and development to take place where they comply with the provisions of this Land Use Code and with the Pitkin County Comprehensive Plan for the area. Compliance will generally involve avoidance of "Constrained Areas" through the identification of an "Activity Envelope, "as well as approval of a Site Plan. For purposes of Chapter 7, "Constrained Areas" include all areas included in each of the following categories, as defined and regulated by this Land Use Code: (i) Areas of Statewide Interest listed in C.R.S. 24- 65.1-101 et. seq.), (ii) steep and potentially unstable slopes, (iii) water courses, drainage channels, and areas subject to erosion, (iv) floodplain hazard areas, (v) geological hazard areas, (vi) severe or low to moderate wildfire hazard areas, (vii) wildlife habitat areas, (viii) river and stream corridors and wetlands (ix) irrigated lands for food or crop production, (x) historic preservation areas, and (xi) archeological resource areas. ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2729 -092 -02 -poi Page 2 000002 Resources, Inc. (NPRI) to represent them and to process the land use application; ATTACHMENT 3: Disclosure and proof of ownership of the property complying with Subsection 5-70-020(D) of the Land Use Code and list of adjacent landowners; ATTACHMENT 4: Street address and parcel description, including legal description, and an 8112" x 11" vicinity map locating the subject property within Pitkin County; ATTACHMENT 5: Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form; ATTACHMENT 6: Conceptual drawings of the floor plans and elevations for the garden shed to be replaced and for the barn/workshop; ATTACHMENT 7: Existing Conditions and Slope Analysis ATTACHMENT 8: Draft Activity Envelope and Site Plan Plat prepared in accordance with the requirements of Subsections 7-10-50 of the Pitkin County Land Use Code and Section 2.2.1 of the Pitkin County Land Use Application Manual. SECTION 2-30-20(G): ACTIVITY ENVELOPE AND SITE PLAN CRITERIA FOR APPROVAL According to this section of the Land Use Code (hereinafter "LUC) a Site Plan shall be approved if it complies with (a) all applicable provisions of this Land Use Code, (b) any Activity Envelope previously approved for the property pursuant to Sec. 7-10- 50, and (c) all prior development approvals applicable to the subject property. Where the property contains Constrained Areas, the Community Development Department staff shall follow those Priorities for Locating New Activity or Development listed in Sec. 7-10-60. If an Activity Envelope has not been previously established for the property pursuant to Sec. 7-10- 50, one shall be established as part of the Site Plan Review process. APPLICANT RESPONSE: As evidenced by the contents of this letter, the applicant believes that the application complies with all applicable provisions of the LUC. SECTION 7-10-50 AND 60: ACTIVITY ENVELOPE & SITE PLAN The intent of this Chapter 7 is to allow activities and development to take place where they comply with the provisions of this Land Use Code and with the Pitkin County Comprehensive Plan for the area. Compliance will generally involve avoidance of "Constrained Areas" through the identification of an "Activity Envelope, "as well as approval of a Site Plan. For purposes of Chapter 7, "Constrained Areas" include all areas included in each of the following categories, as defined and regulated by this Land Use Code: (i) Areas of Statewide Interest listed in C.R.S. 24- 65.1-101 et. seq.), (ii) steep and potentially unstable slopes, (iii) water courses, drainage channels, and areas subject to erosion, (iv) floodplain hazard areas, (v) geological hazard areas, (vi) severe or low to moderate wildfire hazard areas, (vii) wildlife habitat areas, (viii) river and stream corridors and wetlands (ix) irrigated lands for food or crop production, (x) historic preservation areas, and (xi) archeological resource areas. ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2729 -092 -02 -poi Page 2 000002 APPLICANT RESPONSE: The requested action by the County is to consider and approve an Activity Envelope and Site Plan for the property. The Activity Envelope as proposed provides adequate area for all of the allowed uses by right within a designated activity envelope. Placement of the new garden shed and barn/workshop will be subject to the setbacks as defined in the LUC. The applicant feels that the Site Plan as proposed shows that the proposed development complies with provisions of the Land Use Code and Comprehensive Plan, as it avoids the "constrained areas" located on the property. The Activity Envelope is of adequate size to contain the proposed uses. It is acknowledged that upon approval of the Site Plan, any and all applicable local, state or federal permits required to conduct development activities will be obtained prior to initiation of construction. It is also acknowledged that all areas located outside of the approved Activity Envelope will not be disturbed and that construction fencing shall be placed around the perimeter of the Activity Envelope prior to initiation of construction. SECTION 7-20-10: SITE PREPARATION AND GRADING (a) Grading and Fill Placement. Grading and filling on a site shall take place only within a defined Activity Envelope. All grading and fill placement that exceeds fifty (50) cubic yards shall be indicated on the Site Plan. APPLICANT RESPONSE: No significant grading will be required to place the garden shed and barn/workshop. Grading for the site that exceeds 50 cubic yards of material will be done under and Earthmoving Permit. (b) Clearing, Grubbing, and Vegetation Removal. Clearing or grubbing of land or removal of vegetation shall take place only within an approved Activity Envelope, except removal of noxious weeds may occur outside of an Activity Envelope. Each Site Plan shall document compliance with the requirements of this Sec. 7-20-10(b) and Sec. 7-20-130. APPLICANT RESPONSE: The building permit and/or earthmoving permit will show compliance with this sub -section. (c) Tree Removal and Mitigation. Each tree with six (6) inches or larger diameter at breast height (D.B.H.) that is removed within the Activity Envelope shall be replaced with one (1) or more trees with total D.B.H. at least equal to the caliper(s) of the tree(s) removed, to the maximum extent practicable. Any tree that (i) is diseased, or (ii) is required to be removed pursuant to the provisions of Sec. 7-20-60, as those requirements may be varied by a wildfire expert approved by the County, may be removed and no replacement shall be required. All revegetation shall also comply with the Pitkin County Revegetation Guidelines. Required replacement trees that do not survive for at least one (1) year after installation shall be replaced at the owner's expense, and the County may require financial security for such replacement pursuant to Sec. 7-20-130(b)(7). APPLICANT RESPONSE: No trees with six inches or larger diameter at breast height will be removed as a part of this development proposal. ACTIVITY ENVELOPEAND SITE PLAN REVIEW, PARCEL ID #2729-092-02-001 P09e 3 J J J 0 0 3 (d) Protection of Natural Terrain. The County Engineer or Community Development Director shall suggest and may require design and construction techniques that lessen or mitigate any physical and visual damage caused by the proposed activity or development to Constrained Areas or to the natural terrain, stream vegetation, and other natural features of the landscape within the Activity Envelope. Techniques shall include, but are not limited to: (1) REVEGETATION. Revegetation and reforestation utilizing native or similar horticultural material, to be completed during the first planting season after construction; where vegetation is removed, it shall be replaced with vegetation that will reach similar density and height to that removed within two (2) years following conclusion of construction. (2) TOPSOIL. Removing and saving topsoil prior to any grading or excavating and replacement for revegetation. (3) WEED PREVENTION. Weed prevention, thistle management, and prohibition of non- native plants, which may include reducing animal damage to vegetation cover, as determined by the United States Soil Conservation Service Soil Survey. (4) UTILITY INSTALLATION. Locating and installing utilities in a manner minimizing damage to the natural environment and scenic quality. (S) EROSION, SEDIMENTATION, AND STORMWATER MANAGEMENT. (a) Land uses shall: 1. Not cause erosion problems and, if practicable, retain all soil on site; 2. Minimize disturbance of natural vegetation and soil cover; 3. Ensure that all cuts and fills are adequately designed and vegetated to control erosion as well as stability of the slope area; 4. Ensure that natural drainage patterns are preserved and protected from increased water flows that subject existing channels and adjacent areas to increased erosion; and 5. Preserve natural vegetation and soil cover within those buffer distances adjacent to rivers, streams, lakes, reservoirs and wetlands/riparian areas established in Sec. 7-20-80. (b) Mitigation measures identified in an approved erosion, sedimentation, or stormwater management plan shall remain in place until revegetation is viable. APPLICANT RESPONSE: The Draft Site Plan has been developed to prevent erosion problems, minimize disturbance of vegetation, and ensure stability of cuts, fills, slopes and natural drainage patterns. The Activity Envelope as proposed provides sufficient buffer distance from the Crystal River (see ATTACHMENT 8). SECTION 7-20-20: STEEP AND POTENTIALLY UNSTABLE SLOPES The Existing Conditions drawing contained within ATTACHMENT 7 delineates the slopes within the Activity Envelope. The Proposed Activity Envelope has been situated so that it is as free as possible of slopes greater than 30%. Slopes between 30% and 45% are present in small areas within the proposed Activity Envelope. These areas are due to the presence of minor man-made changes in the gradient of a continuous slope and should be considered Minor Slope Anomalies as per Section 7-20-20(3)(c). As shown on the site plan only one area of man-made slopes over 30% is located where the proposed barn/shop is located (see ATTACHMENT 8). ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2729-092-02-002 000004 Page q SECTION 7-20-30: WATER COURSES AND DRAINAGE (a) Applicability (b) The water resources standards in this Sec. 7-20-30 are applicable to all development. (c) Encroachment or Channeling (d) Encroachment or channeling activities in a river, stream (including intermittent streams), pond, wet meadow, or wetland are also subject to the requirements of Secs. 7-20-40 and 7-20-80 of this Land Use Code, as well as all other applicable state and federal statutes and regulations (including, but not limited to the U.S. Army Corps of Engineers permitting requirements of Section 404 of the Federal Clean Water Act). (e) Drainage (1) GENERAL Activities and development shall provide for: (a) Maintenance of historical flow patterns and runoff amounts to reasonably preserve the natural character of an area and prevent property damage attributable to runoff rate and velocity increases, diversions, unplanned ponding and/or stormwater runoff; (b) The unimpeded flow of natural water courses and ditches; (c) Adequate drainage for all low points; (d) A drainage system designed to account for an entire drainage basin capable of accommodating runoff from a proposed development and, where applicable, the runoff from areas adjacent and upstream; (e) Maintenance of drainage systems; and (f) On-site treatment of stormwater by use of best management practices designed to detain and allow infiltration of runoff prior to discharge to any water body. (2) RUNOFF VOLUMES Runoff volumes and peaks within a development site and in areas affected by runoff from a development site shall not exceed the runoff levels attributable to the undeveloped site as determined by a professional engineer licensed in the State of Colorado. (f) Groundwater Activities and development shall not result in the introduction of any contaminants to groundwater, or interfere with any recharge area or aquifer. (g) Irrigated Areas Activities and development shall: (1) Not adversely affect the adequacy of water supplies available for the irrigation of agricultural lands; and (2) Not adversely affect the exercise of any existing and decreed irrigation water right. (h) Irrigation Ditches Activities and development shall: (1) ACCESS a. Provide for access to irrigation ditches by ditch owners and to the public if a ditch is to be, or is part of the Pitkin County Open Space and Trails System or other public property. (2) PREVENTING LEAKAGE a. Ensure that no building shall be constructed immediately downhill of a ditch unless ACTIVITY ENVELOPE AND 51TE PLAN REVIEW, PARCEL ID#2729-0.92-02-001 Page 5 t�n�7nn� the ditch can be placed in a culvert, lined, or otherwise treated to avoid leakage of water downhill towards the building. (3) AVOID FLOODING a. Design land uses to avoid flooding problems from Flood irrigation. (4) AVOID SEEPAGE a. Place basements and soil absorption on-site wastewater treatment systems in locations where they will not be impacted by flood irrigation or seepage from irrigation ditches. (5) Sedimentation Activities and development shall: (1) CONTROL DURING CONSTRUCTION Provide adequate sedimentation control throughout all phases of development. (2) SEDIMENTATION Retain sediment produced by soil disturbances on site where the disturbance occurs and prohibit run-off into any water body, wetlands, or riparian area. (3) REVEGETATION Revegetate clearing and grading as soon as possible, but in no event longer than one growing season after conclusion of development on a site. (i) Water Quality (1) All land uses shall comply with those setbacks required by Sec. 7-20-80 and those setbacks required by Table 5-1. (2) Activities and development shall comply with all state and federal statutes and regulations concerning the protection and enhancement of water quality (including but not limited to the requirements of all state and federal permitting programs). (3) Activities and development shall be consistent with maintenance of the Stream Classifications for the Roaring Fork River watershed, as identified in Section 208 of the Roaring Fork Watershed Management Plan, and shall comply with state regulations pertaining to maintenance of those classifications. (j) Efficient Water Use Activities and development shall emphasize the most efficient use of water, including, to the extent permissible under law, the re -cycling and reuse of water. APPLICANT RESPONSE: We feel that the Draft Site Plan conforms to this section of the LUC as follows: The Site Plan has been designed so that development shall be compliant with all criteria of this section. No encroachment or channeling of a river, stream, intermittent stream, pond, wet meadow, or wetland will occur on the property. The activities and development proposed for the property will provide for maintenance of historical flow patterns; will not impede the flow of natural water courses; and shall provide adequate drainage for all low points. Drainage system design and maintenance will account for runoff from the proposed development, and the drainage and stormwater management will utilize best management practices (BMPs) to insure unpolluted discharge into water bodies. ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2729 -092 -oz-= Page 6 000006 • The development has been designed not to introduce contamination into the ground water. • Irrigated areas will not adversely affect the adequacy of water supply or the use of existing and decreed Irrigation water to irrigated fields. • Irrigation ditches on the property are not located within or adjacent to the proposed Activity Envelope and as such, all provisions regarding access, leakage prevention, and flooding/seepage avoidance are not applicable. • Provisions of this section regarding sedimentation shall be followed (sediment control during construction, sedimentation and revegetation). This shall be addressed to the County's satisfaction through the building permit application process. • Potential impact to water quality has been mitigated through the approved Site Plan which adheres to required setbacks (Section 7- 20-80) and compliance with all state and federal regulations. The approved Activity Envelope has been situated to comply with the Minimum setbacks being at least 100 -feet from the high water mark and at least 50 -feet from riparian vegetation associated with the Crystal River. No impact to the maintenance of stream classifications will occur because of development within the Activity Envelope. • Compliance with Efficient Water use shall be evidence during building permit application review. 7-20-60: Wildfire Hazards - Mapped Severe Wildfire Hazard Area The applicant agrees to abide with and conform to all of the standards applicable to the severe Wildfire Hazard Area, including those for defensible space; access; roofing materials, vents and projections; maintenance and miscellaneous requirements. 7-20-70: Wildlife Habitat This section establishes land use standards for wildlife habitat to preserve, protect, and expand the full range of biodiversity present in Pitkin County. Wildlife habitat shall be addressed broadly to include locations that are ecologically significant and where activities or structures would interfere with important wildlife functions and activities. For purposes of this Sec. 7-20-70, Constrained Areas shall include, but shall not be limited to, locations that include: any portion of a wetland; riparian habitat; critical wildlife habitat; severe winter range, and/or winter concentration areas; wildlife migration corridors or habitat; wildlife production, birthing or calving areas; important waterfowl and wading bird habitat areas; significant mountain sage, aspen, and mountain shrub dominated habitat; and rare, imperiled, sensitive, threatened, or endangered species critical habitat. (a) Wildlife Habitat Maps Areas of designated wildlife habitat are shown on the adopted County Wildlife Resource information System maps (the Wildlife Maps), which are maintained in the Community Development Department. Areas shown on those maps are known to be wildlife habitat areas by the Colorado Division of Wildlife. in all cases, mapping will be field verified by the Colorado Division of Wildlife or a wildlife expert approved by Pitkin County. The following regulations shall apply to all areas known to be wildlife habitat as a result of such field verification, regardless of whether those areas are mapped on the wildlife maps. ACTIVITY ENVELOPEAND SITE PLAN REVIEW, PARCEL ID #2729-092-02-002 00000( Page 7 APPLICANT'S RESPONSE: The County mapping shows the property (black asterisk on mapping) to be located outside of any Constrained Area for wildlife. Constrained areas for Bighorn Sheep, Elk and Mule Deer are located in proximity to the property as shown below: Wildlife - Bighom Sheep 1vJ • Property Lc b., • ! _ egeen nlx.ew. c....m.. yWr. n.emW..•... •LMwn wRn. eaunR (,� , NIMm h..n Wlmv R.nle •— %1 pilMn Wlnnr Cm.eM.elbn 4ea syemm wln•. R.pR _ .._ Bighorn Sheep Winter Concentration Area: 0.52 -miles Bighorn Sheep Production Area: 0.85 -miles Bighorn Sheep Winter Range: 0.38 Wildlife - Elk ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #1729-092-02-001 000008 M Page 8 .1k.11�reeeW n t Migneen VNlemn U (—' � !M Mgew.1 GYMwYe �nOJ Pasvq[ tlk IMsmM1 Mr ®IIeWYR ene I R•yeYR 6W W! '.. 1hMOIIIWIOIrr1lM! sr..wr�.n B sww rmer Mye .aw.rerr.r 'r r� mwWeeros�enu.e [iY WewlLrw CC V VMIIMMY! :eL ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #1729-092-02-001 000008 M Page 8 Elk Winter Concentration Area: 1.01 miles Elk Migration Corridor: 1.1 miles Property Located in Elk Winter Range Wildlife - Mule Deer ---- *-PiOpMlyLaaWn z r � F wlr�rr111wW�tisns � � ,x'11' � Mgsum neetenw IW 0.w IY�r, GwMx� i a /! j, Y MW Crr MIp�IYn Gw4we ' Wgretwn Co-rkas .ar" alm l ty� 0 scce w+m nmx � ! *r waxer raxnxw�ro� MM IYe DMr WMIp IIwNe I Wnttt xbge � ; h M Mr V E No Critical habitat Areas Located near Property (b) General Principles Delineation of the Activity Envelope, and the location and design of activities and structures within the Activity Envelope, shall be based on consideration of the five (5) principles listed in subsections (1) through (5) below. These principles shall be evaluated not only on a site specific basis, but should also be used to consider the location and role of the property in the context of larger habitat and wildlife patterns. Implementation of these principles may also include consideration of connectivity between other parcels and the cumulative effect of the proposed activity or development in light of other activity in the area affecting related habitat areas, Approved development shall: (1) Maintain large, intact areas of native vegetation and habitat area by preventing fragmentation of those patches by development. (2) Protect rare landscape elements such as locally rare vegetation, unique rock formations, sheltered draws or drainage -ways, or other features, and guide development towards areas of landscape containing more common elements. (3) Maintain connections among wildlife habitats by identifying and protecting corridors for movement. (4) Contribute to the regional protection of rare species by protecting their habitat locally. (5) Minimize the combined and cumulative impacts of activities and development on wildlife species, wildlife habitat, wildlife movement, and unique landscape elements. ACTIVITY ENVELOPEAND SITE PLAN REVIEW, PARCEL ID #2729-092-02-002 U0000�� Page g APPLICANT RESPONSE: The proposed development is clustered with the existing house which will minimize impacts and preserve the habitat on other parts of the property. (c) General Standards The standards in this section apply to all wildlife habitat areas shown on the Wildlife Resource Information System maps or field verified by a wildlife expert approved by the County, or by the Colorado Division of Wildlife. (1) When existing native vegetation must be altered within the Activity Envelope, the applicant may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species. Should there be no opportunity on the property for habitat mitigation or restoration, off-site mitigation benefiting the same species may be required, or financial mitigation may be paid into a County habitat mitigation fund should such a fund be established in the future. (2) Manipulation of vegetation outside of the Activity Envelope is prohibited. (3) Mesh or woven wire fences are prohibited outside the Activity Envelope. (4) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. (5) Wire fencing must be three (3) strands or less. The top wire should be a twelve -point -five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. (6) Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. (7) In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs. (8) Development shall be clustered to the maximum extent possible to minimize impact on wildlife. (9) Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. (10) Trash/garbage shall be kept in an approved bear resistant container or enclosure. (11) Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. (12) Horse grains, pellets, and cookies shall be stored in bear resistant containers. (13) Pet food shall not be left outside. (14) [Reserved for standard for raptor protection from new above ground utility poles]. APPLICANT RESPONSE: The Applicant agrees to comply with these general standards. (d) General Buffer Standards Structures located near wildlife habitat shall comply with the following standards for maintaining buffer distances, unless (i) Pitkin County or the Colorado Division of Wildlife suggests that a different buffer is appropriate due to unusual wildlife factors or other unique features of the property, and the alternative is approved through the Site Planning process, or ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID#2729-092-02-001 Page 30 000010 (ii) the parcel in question is too small to accommodate the required buffers, in which case the buffers shall be provided to the maximum extent practicable. (1) NEST/ROOST BUFFER The minimum buffer for any structure located near an active peregrine falcon, osprey, golden eagle, or bald eagle nest or roost site shall be one-half (1/2) mile (2,640 feet) in Rural Areas, and five hundred (500) feet in Urban Areas. The minimum buffer for any structure located near any other active raptor nest site (except American kestrels) shall be one-quarter (1/4) mile (1,320 feet). (2) INTENSIVE USE BUFFER Intensive uses such as commercial, industrial or motorized commercial/organized recreational uses, open pit mineral extraction or the construction of roadways shall require a building or structure buffer of a minimum of one thousand (1,000) feet from any wildlife habitat area in Rural Areas, and five hundred (500) feet in Urban Areas. (3) ENDANGERED, THREATENED, OR RARE SPECIES No structure shall be located in rare, threatened, or endangered species critical habitat. There shall be a minimum one-half 1/2 mile (2,640 foot) buffer between any building or structure and any threatened or endangered species critical habitat. There shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between rare and/or imperiled species habitat. (4) IMPORTANT WATERFOWL AND WADING BIRD HABITAT AREA There shall be a minimum three hundred (300) foot buffer between any building or structure and important waterfowl and wading bird habitat areas. Within all important waterfowl and wading bird habitat, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision. (5) WILDLIFE MIGRATION CORRIDORS There shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between any building or structure and wildlife migration corridors. (6) SEVERE WINTER RANGE, WINTER CONCENTRATION AREA There shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between any building or structure and critical habitat severe winter range, and/or winter concentration areas. APPLICANT RESPONSE: County mapping shows that the property is approximately 1.01- miles from a delineated Elk Winter Concentration Area and 0.52 miles from a Bighorn Sheep Severe Winter Range/Winter Concentration Area. The development maintains the necessary buffer distance. (e) General Livestock and Domestic Animals The following standards shall apply to all habitat areas unless a standard for livestock and domestic animals in relation to specific species is provided in subsection (f) below, in which case the standards in subsection (f) shall govern. (1) WETLAND AND RIPARIAN AREAS Activities that involve the keeping of livestock and/or horses adjacent to wetlands or riparian areas or their buffer areas shall include provisions in the Site Plan that protect the wetland and buffer areas from damage due to such domestic animals or livestock. (2) WINTER RANGE, SEVERE WINTER RANGE, AND WINTER CONCENTRATION AREAS AND CRITICAL HABITAT If development is approved within winter range, severe winter range, winter concentration areas and critical habitat, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when outside a required kennel. ACTIVITY ENVELOPEAND SITE PLAN REVIEW, PARCEL ID#2729-092-02-001 000011 Page 11 (3) WILDLIFE MIGRATION CORRIDORS If development is approved within migration corridors, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when outside a required kennel within a %4 mile (1,320 feet) of migration corridors and within or adjacent to migration patterns, transition range, or highway crossings. (4) WILDLIFE PRODUCTION AREAS If development is approved within or adjacent to wildlife production areas, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when outside a required kennel. If livestock is present, a livestock management plan shall be required to prevent interference with wildlife production. (5) PREDATION If the County determines that one or more wildlife species on or near the property are subject to predation by domestic animals, including dogs and cats, the County may impose additional standards to reduce or eliminate such predation. (6) OVERGRAZING Overgrazing of ranges by livestock shall be avoided. APPLICANT RESPONSE: County mapping shows that the property is approximately 0.85 miles from a delineated Bighorn Sheep Production Area, 0.52 -miles from and Bighorn Sheep Winter Concentration Area, and 1.01 - miles from Elk Severe Winter Range/Winter Concentration Area, and is located in Elk Winter Range. According to the mapping, Standard E.2. above should apply. (f) Additional Species -Specific Standards (1) DEER, ELK AND BIGHORN SHEEP WINTER CONCENTRATION AREA/SEVERE WINTER RANGE/CRITICAL HABITAT Development is prohibited within deer, elk, and bighorn sheep winter concentration areas and severe winter range areas. In the event that an application is denied because there is no hazard -free area on a site, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-150, the proposed activity or development shall be reviewed according to the following standards and shall comply with Secs. 7-20-70(b), (c), and (e). Approved development shall: (a) Prohibit commercial activity (such as seismic activity, construction and timber harvesting) and recreational uses from December 1s` through March 31s`. (b) Prohibit dogs within or adjacent to elk, mule deer, and bighorn sheep severe winter ranges and winter concentration areas, except for dogs working as part of an agricultural operation. APPLICANT RESPONSE: None of the critical habitat cited above is located on or adjacent to the property. According to the mapping, these standards should not be applicable. (2) DEER, ELK AND BIGHORN SHEEP WINTER RANGE Land uses located in deer, elk or bighorn sheep winter range shall comply with Secs. 7-20- 70(6), (c), and (e), and the standards in this section. (a) High impact recreational uses are prohibited. (b) Dogs within or adjacent to winter range shall be kenneled, except for working dogs when at work. ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2729-092-02-00¢ 000012 Page 12 APPLICANT RESPONSE: The property is mapped as Elk Winter Range. According to the mapping, these standards should be applicable to the property. (3) DEER AND ELK MIGRATION PATTERNS/CORRIDORS AND HIGHWAY CROSSINGS Development that blocks a deer or elk migration corridor and prevents migration between summer and winter ranges is prohibited. In the event that an application is denied because there is no hazard -free area on a site, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-150, the proposed activity or development shall comply with Secs. 7-20-70(b), (c), and (e), and the standards in this section. (a) Dogs within one-quarter (1/4) mile (1,320 feet) of mule deer and elk migration corridors and patterns shall be kenneled, except for working dogs when at work. APPLICANT RESPONSE: The property is located approximately 1.1 -miles from an Elk Migration Corridor. According to the mapping, these standards are not applicable to the property. (4) DEER AND ELK PRODUCTION AREAS Development is prohibited within deer and elk production areas. In the event that an application is denied because there is no portion of the site outside of a deer or elk production area, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-90 or Sec. 2-40-130, the proposed activity or development shall comply with Secs. 7-20-70 (b), (c), and (e), and shall be reviewed according to the following standards. Approved development shall: (a) Prohibit other activities during the calving season that would disrupt reproduction. (b) Dogs are prohibited within one-quarter (1/4) mile of deer or elk production areas. Dogs within one-half (1/2) mile of deer or elk production areas shall be kenneled. (c) Manipulation of vegetation is prohibited, except as approved by the Colorado Division of Wildlife or a wildlife expert approved by Pitkin County. APPLICANT RESPONSE: The property is not located near an Elk or Deer Production Area. According to the mapping, these standards are not applicable to the property. (g) Timing of Construction (1) WINTER RANGE, SEVERE WINTER RANGE, AND WINTER CONCENTRATION AREAS No construction shall be permitted from December 1�t through March 31s` if the proposed development is within one-quarter (1/4) mile (1,320 feet) of a winter range, severe winter range, or winter concentration areas. (2) WILDLIFE MIGRATION CORRIDORS No construction shall be permitted within or adjacent to wildlife migration corridors between October 15`n and November 30`n or between April 15`n and May 30rn (3) WILDLIFE PRODUCTION AREAS No construction shall be permitted in or adjacent to wildlife production areas between May 15th and June 30`n. APPLICANT RESPONSE: The property is mapped as Elk Winter Range. ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2729-092-02-002 Page 13 000013 7-20-80: River and Stream Corridors and Wet/ands The Proposed Activity Envelope (see ATTACHMENT 8) does not contain a "Protected Feature" as defined within Section 7-20-80(a)(1) of the Land Use Code. The Crystal River is located along the western boundary of the property. The Activity Envelope is removed from the 100 -foot river setback and is elevated above the Crystal River floodplain. 7-20-120(d): STANDARDS FOR SCENIC VIEW PROTECTION AREAS (11ZGHWAY 133) Preservation of the character of Pitkin County requires careful attention to the visible impacts of proposed development. In general, the standards of this Sec. 7-20-120 are designed to minimize the visual impact of new development (including expansions to existing structures) when viewed from designated road corridors, as well as to preserve the rural character of all Rural Areas of the county. Scenic View Protection Areas shall be considered at the time of Site Plan approval and Building Permit issuance. (a) Intent The intent of this Sec. 7-20-120 is: (1) To establish a Scenic View Protection Area that includes lands that are proximate to and most visible from specific roads in the County, with specific concerns for the areas that constitute the visual entrance "image" and passage through Aspen and Pitkin County as well as views of ridgelines from those roads. (2) To maintain a natural ridgeline silhouette against the sky and to steer development away from ridgelines and skylines throughout the County as viewed from public roadway corridors. (3) To insure that new development is designed and located to complement the natural landscape and the natural features within the public viewplane in order to achieve an aesthetically pleasing, rural atmosphere. (4) To reduce visual damage to the natural landforms and views throughout the County. (b) Applicability (1) All areas shown on the County's Scenic View Protection Area maps, which are maintained in the Community Development Department, shall comply with the standards of subsection (d) below. The Scenic View Protection Area map includes scenic foreground areas, public viewplanes, and ridgelines. The mapped areas are identified as viewed from the following rights-of-way: (a) State Highway 82; (b) Brush Creek Road; (C) Capitol Creek Road; (d) Snowmass Creek Road; (e) State Highway 133; (f) Frying Pan Road; (g) Castle Creek Road; (h) Maroon Creek Road; (i) West and East Sopris Creek Roads; ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2729-092-02-001 Page iq �UU014 (j) Owl Creek Road; (k) Upper and Lower River Roads; (1) McLain Flats Road; and (m) Woody Creek Road. (n) Emma Road (o) Coal Creek Road (P) Thompson Creek Road (North, Middle, and South Forks); (q) Watson Divide Road (r) Prince Creek Road; and (s) Lime Creek Road (2) All development in the Rural Area shall be sited in consideration of the rural character guidelines of subsection (e) below. (c) Exemptions These standards shall not apply to: (1) Activity or development that is covered by a valid building permit. (2) All interior remodels that do not change any outside visual aspect of the structure. (3) Lots within platted subdivisions approved by the County, which have designated Activity, Building or Development Envelopes, unless the terms of the approval require ridgeline or scenic review prior to construction. (4) Any proposed development for which the Community Development Director determines that: (a) The proposed development is not visible from those rights-of-way listed in subsection (b) above; or (b) A proposed addition to or remodel of an existing structure has been located to minimize perceived mass when viewed from those rights-of-way listed in subsection (b) above. APPLICANT RESPONSE: It does not appear that the property is subject to exemption for this standard. ATTACHMENT 6 provides conceptual drawings of the floor plans and elevations of the propose residence. (d) Standards for Development within Scenic View Protection Areas All non-exempt development located within a mapped Scenic View Protection Area shall comply with the following standards. (1) The proposed development shall utilize existing topography and natural vegetation, such as ridges, hills, and existing trees, to screen buildings to the maximum extent practicable when viewed from those right-of-way listed in subsection (b) above. APPLICANT RESPONSE: The development on the parcel is sited to screen buildings as much as possible. Large cottonwoods and spruces along the river's edge, as well as landforms and ACTIVITY ENVELOPEAND SITE PLAN REVIEW, PARCEL ID #2729-092-o2-001 000015 Page 15 scrub oak adjacent to Highway 133, significantly block the view of the entire Activity Envelope from Highway 133. In fact there is only one point along the highway where the upper level of the existing house can be seen. The rest of the Activity Envelope is below the road and shielded by dense vegetation. (2) The proposed development shall avoid the location of structures within the Scenic View Protection Areas, and shall avoid the location of structures within any Viewplane identified in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan if possible. If location outside the Scenic View Protection Area and defined Viewplanes is not practicable, then the proposed development shall not be located on the highest ground or most visible portion of any site as viewed from those corridors listed in subsection (b) above. APPLICANT RESPONSE: It is not practicable to avoid locating the residence outside of the Scenic View Protection area, as the entire property is within the area. The Activity Envelope is placed on ground that is the lowest buildable area on the property. (3) The proposed development's height and bulk shall be designed to avoid, to the maximum extent practicable, the visibility of buildings from those corridors listed in subsection (b) above. This may include, but shall not be limited to, breaking the mass of the building down into a series of smaller forms, articulation of the building facades to avoid a wall or row effect, and staggering rooflines to avoid a long unbroken plane. APPLICANT RESPONSE: The design standards listed above have been utilized to break up the height and bulk. The barn/workshop and garden shed will be situated on the least visible portion of the Activity Envelope. ACTIVITY ENVELOPEAND SITE PLAN REVIEW, PARCEL ID#2729-092-02-001 000016 Page 16 (4) The proposed structure shall be placed so it does not project above a ridgeline such that a structure silhouettes against the sky when viewed from those corridors listed in subsection (b), unless there are no alternate building sites on the lot or parcel. APPLICANT RESPONSE: The property is situated below Highway 133 and will not break the ridgeline in the background when seen from the highway. (5) The proposed development shall be designed to complement the natural topography of the land through the use of techniques such as earth -sheltered design, the use of natural materials and coloring, the use of low -reflectance materials, or clustering of structures on the least visible portions of the site. When a building is proposed near a ridgeline, then its form (particularly its roof form) shall replicate, parallel, or complement the natural form of the ridgeline so that it appears to be an element of the natural ridgeline. APPLICANT RESPONSE: The development shall utilize natural color and materials, as well as low -reflective materials (see Attachment 6). The proposed barn/workshop and garden shed also have low profiles with a lower level that is cut into the sloping terrain of the site. (6) The proposed development shall preserve natural vegetation and avoid development within irrigated meadows, to the maximum extent practicable. APPLICANT RESPONSE: The development is situated on an open portion of the property that is vegetated with grasses and surrounded by trees and shrubs. (7) The proposed development shall install utilities in locations and through procedures that minimize visual impacts to the maximum extent practicable. APPLICANT RESPONSE: The development shall place utilities (electric, communications) underground to the barn/workshop and garden shed. (8) All satellite dishes in the proposed development shall be located to minimize visibility from those rights-of-way listed in subsection (b), and shall use earth tone colors and/or screening to minimize their visual impact. APPLICANT RESPONSE: No satellite dishes are proposed. (9) The proposed development shall not use earth moving and berms as the primary means of compliance with these regulations, but earth moving may be utilized in conjunction with other techniques to comply with standards in this section. Where earth moving techniques are necessary, man-made forms should be undulating and natural in appearance. APPLICANT RESPONSE: Berms are not contemplated to be incorporated into the site. ACTIVITYENVELDPEAND SITE PLAN REVIEW, PARCEL 10 #2729-092-02-001 Page 17 (10) In the Rural Areas only, development shall be located so that activities and development occur in at least one of the locations specified in subsection (f) as they may apply to the particular property. APPLICANT RESPONSE: The development shall utilize natural colors and materials, as well as low -reflective materials (see ATTACHMENT 6). (11) Earth Tone Materials. The exterior of all development, except development located and designed in the form of a ranch compound, shall be built or painted with indigenous earth tone materials or colors. The exterior of a ranch compound should be built or painted with indigenous earth tone materials, or shall be painted or stained using local, traditional ranch colors, which shall include shades of red, brown, or white. Paints or stains that simulate weathered barn wood also shall be permitted. APPLICANT RESPONSE: The development shall utilize earth tone colors (see ATTACHMENT 6). (12) Roofs. All roofs shall have a non -reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. APPLICANT RESPONSE: The house shall have a roof that is non - reflective in color and composition. (13) Revegetation of Disturbed Areas. Lands disturbed by earth moving or berms should be revegetated using native species that are already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas. Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival of planted native species. APPLICANT RESPONSE: All disturbed areas will be revegetated using native species. Details of specific revegetation measures will be provided through the development permit process. (14) Driveways Avoid Dividing Meadows and Pastures. To the maximum extent practicable, roads and driveways shall be located to skirt the edge of and avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening, a row of trees may be planted along the roads or driveways. To the maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid straight line corridors that are incongruous with the natural setting. APPLICANT RESPONSE: Meadows for grazing exist on the property but not within the proposed Activity Envelope. (e) Rural Character Guidelines for Building Location In addition to complying with the standards of subsection (d) above (if applicable), all development in Rural Areas should be located so that activities and development occur in one or a combination of the following locations as they may apply to the particular property: (1) at the edge of an open meadow or pasture; (2) behind an existing stand of vegetation; (3) behind or built into a change in natural topography; or (4) within a pasture or meadow, ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID#2729-0_92-02-WI UJOO18 Page id clustered in the form of a ranch compound, or adjacent to or integrated into an existing ranch compound. Where guidelines reference distances from a road, and more than one road borders the property, the guideline applies to the road carrying the greater amount of traffic. Guidelines for each of these locations follow: (1) DEVELOPMENT LOCATED AT EDGE OF MEADOW OR PASTURE When located at the edge of an open meadow or pasture, the development shall comply with the following standards: (a) Distance Located at the greatest practicable distance from the road and, where applicable, it shall be located adjacent to existing development. (b) Edge of Meadow or Pasture Located along the edge of the meadow or pasture, where the meadow or pasture meets the toe of a hillside, or on a relatively less steep, lower hillside area adjacent to the meadow. (c) Separate Developed Areas Located so as to separate developed areas that from natural areas and pastures, and to preserve open space in the largest contiguous tracts practicable, taking into account the allowed densities and uses. (2) DEVELOPMENT LOCATED BEHIND EXISTING STAND OF VEGETATION When located behind an existing stand of vegetation, the development shall comply with the following standards: (a) Scale of Development The scale of the development shall not interrupt or obscure the existing occurring stand of vegetation behind which it is located. (b) Supplementary Vegetation Where natural vegetation does not adequately screen the development as determined by the visual analysis, native vegetation shall be planted to augment the existing vegetation and maintain the visual integrity of the protected view. (3) DEVELOPMENT BEHIND OR BUILT INTO NATURAL TOPOGRAPHIC BREAK When located behind a natural topographic break or built into the natural topography in an earth -sheltered design, development shall comply with the following guidelines: (a) Scale Scale and height of the development shall be subordinate to the natural change in topography. (b) Earth Moving Earth moving shall be used to the minimum extent practicable to extend a naturally occurring topographic change and screen the development, but not to create a new, man-made landform. (4) RANCH COMPOUND WITHIN IRRIGATED PASTURE OR MEADOWS When development is located within an irrigated pasture or meadow in the form of a ranch compound or adjacent to or integrated into an existing ranch compound, it shall comply with the following guidelines. (a) Views to Rear Portion of Property It shall not preclude views from the public road to the rear portions of the pasture or meadow. ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID#2729-092-02-001 Jjou1 Page ag (b) Clustering Structures Structures shall be clustered together in close proximity to preserve the maximum amount of the meadow or pasture as open areas. (c) Native Vegetation Native vegetation shall be planted to mimic either the existing species composition and pattern of growth or traditional farm and ranchstead planting patterns (e.g., clustered or linear tree plantings to act as windbreaks). Applicants are strongly advised to use native plant materials and consider Colorado Division of Wildlife recommendations with respect to their relative attractiveness to wildlife. (5) PARTIAL IMPRACTICABILITY If a portion, but not all, of the proposed activity or development can be located in conformance with the guidelines in subsections (1) through (4) above, then the portion that cannot be located in conformance with such guidelines shall be located in accordance with the following guidelines: (a) Along Front Edge of Meadow or Pasture To the extent practicable, it shall be located along the front edge of the meadow or pasture and in proximity to similarly situated development on adjacent lands. (b) Maintain Contiguous Open Space It shall be located so as to maintain the largest amount of contiguous open space practicable, in relation to the scenic view being protected. (c) Screening of Development The development shall be screened with native vegetation planted to mimic either the existing species composition and pattern of growth or traditional farm and ranchstead planting patterns (e.g., clustered or linear tree plantings to act as windbreaks). Applicants are strongly advised to use native plant materials and consider Colorado Division of Wildlife recommendations with respect to their relative attractiveness to wildlife. (6) ALTERNATE LOCATION Proposed development may be located in an area of the property that is not in conformance with the guidelines in subsections (1) through (5) above, if the applicant can demonstrate that the proposed location will have less scenic impact than if the development was sited in conformance with the guidelines. APPLICANT RESPONSE: The proposed site plan keeps the barn/workshop and garden shed below Dorais Way and behind thick stand of scrub oaks. Existing vegetation along the river shields the development from view on Highway 133. Earthmoving will not be used to create new landforms. 7-20-130: LANDSCAPING AND VEGETATION PROTECTION All development in Pitkin County shall comply with the Pitkin County Landscape Guidelines and portions of development adjacent to public roads shall comply with the Roadway Landscaping Guidelines contained in the Pitkin County Asset Management Plan. In case of conflict between the provisions of these two documents and the standards below, the guideline documents shall apply. (a) Purpose ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID#2729-092-02-001 jJ1JU2C Page 20 These regulations are intended to preserve existing vegetation on development sites to the maximum extent consistent with the permitted development, and to ensure that specific types of man made improvements are screened from view in order to preserve the rural character of the County, and to prevent the use of landscaping in ways that would compromise the rural character of the County. (b) General Provisions (1) PROTECTION OF NATURAL VEGETATION In order to protect the rural character of Pitkin County, natural vegetation should be preserved to the maximum extent practicable, and any installed landscaping shall use the species plant materials naturally occurring on the site or on neighboring properties (except for flower gardens). Restrictions on removal of natural vegetation, and requirements for revegetation, are set forth in other portions of this Chapter 7. APPLICANT RESPONSE: The proposed Site Plan avoids existing vegetation to the greatest extent possible on this property. The Applicant agrees to landscape with native species. (2) CONFORMANCE WITH WILDFIRE REGULATIONS In the event the provisions of this Sec. 7-20-130 conflict with any provisions of Sec. 7-20-60, as those requirements may be varied by a wildfire expert approved by the County, the provisions of Sec. 7-20-60 shall govern. APPLICANT RESPONSE: The proposed Activity Envelope and Site Plan does not cause a conflict between these standards of the Land Use Code. (3) BERMS Berms may be incorporated into any required landscaping, buffering, or screening area, provided that the County determines, during the development approval process, that the proposed berms will not cause drainage or erosion problems. No installed berm shall have a slope of greater than four -to one (4:1), nor a height greater than four (4) feet above grade. APPLICANT RESPONSE: Landscape berms are not being used in the Site Plan. (4) LANDSCAPE ENCLOSURES Landscaping shall not be used to mark or enclose the boundary of a parcel, or to privatize an otherwise public viewplane. Use of indigenous shrubs or trees to enclose a portion of the property immediately surrounding a dwelling, barn, and/or accessory buildings (as opposed to the entire property or a large area of the property) are permitted if made to resemble similar windbreaks located near older properties in Rural Areas of the County. APPLICANT RESPONSE: Landscape enclosures are not proposed. (5) VISIBILITY CLEARANCE All landscaping shall be installed and maintained so that it does not interfere with the ability of drivers to see nearby traffic at the intersection of any driveway with a public road, or at the intersection of two public roads. APPLICANT RESPONSE: The Applicant agrees. ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #z71g-ogz-of-001 000021 Page u (6) UTILITY EASEMENTS Whenever the provisions of this Sec. 7-20-130 would require the installation of trees or shrubs over or on utility easements, where branches or roots might interfere with utility lines or pipes, the required location for such trees and shrubs shall be modified to require installation at the closest location that would avoid potential conflicts with utilities and would enable the trees and shrubs to serve the same landscaping purpose. APPLICANT RESPONSE: The Applicant agrees. (7) FINANCIAL SECURITY The Community Development Department may require financial security in a form acceptable to the County Attorney to ensure completion of installation of all required landscaping and/or successful establishment of plants. APPLICANT RESPONSE: The Applicant will provide financial security if necessary. (8) MAINTENANCE All plants shall be maintained continually in a healthy condition in accordance with generally accepted professional horticultural standards and practices. Within areas required to be landscaped with installed plant materials, plants that die or are unhealthy shall be replaced. Landscape areas shall remain free of weeds, litter, junk, rubbish and other nuisances and obstructions. APPLICANT RESPONSE: The Applicant agrees. (c) Required Landscaping in Rural Areas In the Rural Area: (1) Landscaping is required for the following purposes: (i) to screen satellite dishes and other telecommunications equipment when located within five hundred (500) feet of adjacent public roads and visible from such roads, and (ii) to screen parking areas and service areas when viewed from adjacent public roads, (iii) where necessary to comply with the standards of Secs. 7-20-70, 7-20-80, or 7-20-120, and (iv) to revegetate disturbed areas. (2) Landscape treatments shall cluster shrubs and trees into groupings similar to those naturally occurring on the site or neighboring sites, shall use indigenous species of shrubs and trees, and shall not be installed in regularly spaced lines or rows, unless more specific provisions of Secs. 7-20-70, 7-20-80, or 7-20-120 require a different treatment. APPLICANT RESPONSE: The Applicant agrees to comply. SECTION 7-20-140: LIGHTING (a) Applicability The standards in this Sec. 7-20-140 are applicable to all lighting in Pitkin County. No lighting shall be installed or continued that violates the standards of this section. (b) Bulb Visibility All exterior lighting shall be designed so that the bulb (point light source) is not directly visible from adjacent and neighboring properties or public rights-of-way. This can be accomplished ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID#2729-092-02-001 0J- O022 Page 22 using fixtures that "fully shield" the bulb behind opaque shielding (i.e., the light distribution is primarily down and/or up directed) or which utilize non- transparent diffusion material (e.g. glass, acrylic, or polycarbonate) in the case of fixtures with some sort of translucent lens(es) around the bulb compartment. In the case of opaque shielding, wattage shall be limited to sixty (60) incandescent watts per fixture or twenty-five (25) compact fluorescent watts. APPLICANT RESPONSE: The Applicant agrees to comply. A lighting plan for the property will be submitted with the Building Permit application. (c) Light Trespass Light trespass is defined as the shining of light produced by a light fixture beyond the horizontal boundaries of the property on which it is located and vertically above the FIGURE 7-1. SHIELDED LIGHTING FIXTURES (BELOW) FIGURE 7-2: OPAQUE TRANSLUCENT FIXTURES (BELOW) Source: Figure 7-1: Image 1: Courtesy of Spero Lighting; Image 2: Courtesy of Remcraft Lighting; Image 3: Courtesy of Focus Lighting; Image 4:: Courtesy of Latigo Lighting. Figure 7-2; Image 1: Courtesy of Evergreen Lighting; Image 2: Courtesy of Seascape Lighting; Image 3: Courtesy of Kichler Lighting; Image 4: Courtesy of Troy Lighting property. For all types of uses, light level shall be no greater than one-half (112) of a foot-candle at the property line. APPLICANT RESPONSE: The Applicant agrees to comply. A lighting plan for the property will be submitted with the Building Permit application. (d) Maximum Heights and Intensities ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2729-092-02-001 000023 Puge 23 Maximum heights and intensities of lighting shall conform to the following table. ULM in Public Parking Lots 12 -- 15 )--0.5 Pedestrian Walkways and Driveways .l --0.5 Vehicular Intersections 20--25 15 --1.0 APPLICANT RESPONSE: The Applicant agrees to comply. Alighting plan for the property will be submitted with the Building Permit application. (e) Uplighting Uplighting is only permitted when used as follows: (1) To light a primary entrance, when the lighting fixture is wall -mounted under an architectural element (e.g., roofs over walkways/entries or overhanging, non - translucent eaves) and that this element contains the illumination, and (2) To light flags, when no more than two light fixtures per flag are used, with a maximum of one hundred fifty (150) watts each. The fixture must be shielded such that the point source is not visible outside a fifteen foot (IS) radius. APPLICANT RESPONSE: The Applicant agrees to comply. A lighting plan for the property will be submitted with the Building Permit application. (l) Highlighting Illumination of building facades, driveways, and landscaping shall be prohibited. Lighting intended to illuminate the Roaring Fork, Frying Pan and Crystal Rivers or their tributaries shall be prohibited. APPLICANT RESPONSE: The Applicant agrees to comply. A lighting plan for the property will be submitted with the Building Permit application. (K) Floodlighting Floodlighting is only permitted when it is down -directed and controlled by a motion sensor that is triggered by activity within the owner's property lines, and when fully- shielded such that the light source is not visible from adjacent and/or neighboring properties. Ground -mounted floodlighting of a structure is prohibited. APPLICANT RESPONSE: The Applicant agrees to comply. A lighting plan for the property will be submitted with the Building Permit application. (h) Safety and Security Lighting The use of motion sensors, photocells, or photocell/ timers to control duration of nighttime ACTIVITY ENVELOPEAND SITE PLAN REVIEW, PARCEL ID #2729-092-02-001 000024 Page 24 illumination is required for safety and security lighting. In all cases, light intensity shall be limited to between one and two (2) foot-candles. (1) Motion Sensors are the preferred method for controlling nighttime illumination. These are only permitted where the sensor is triggered by activity within the owner's property lines. (2) Photocells are only permitted under the following conditions: (a) At primary points of entrance (e.g., front entries) or in critical common areas for commercial and multi -family properties; (h) Where the light sources are fully shielded by opaque material (i.e., the fixture illuminates the area but is not itself visibly bright; (c) For residential properties, the light source is fluorescent (or compact fluorescent) to eliminate excess electricity consumption; and (d) For non-residential properties, HID light sources (high pressure sodium and metal halide) may be used instead of fluorescent lighting. (3) Timer/Photocell Combinations are a preferred method when used for nighttime control at primary points of entrance (e.g., front entries) and may be used with fully shielded lighting fixtures with non -transparent diffusion material. APPLICANT RESPONSE: The Applicant agrees to comply. A lighting plan for the property will be submitted with the Building Permit application. (i) Properties Adjacent to Public Rights of Way In addition to being in compliance with the above sections, no exterior lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. Specifically, the following is prohibited: (1) Any light not designed for roadway illumination that produces direct or reflected glare that could be disturbing to the operator of a motor vehicle. (2) Any light that may be confused with or construed as a traffic control device except as authorized by State, Federal, or County government. APPLICANT RESPONSE: The Applicant agrees to comply. A lighting plan for the property will be submitted with the Building Permit application. U) Mercury vapor and Low Pressure Sodium Sources These light sources are prohibited. APPLICANT RESPONSE: The Applicant agrees to comply. A lighting plan for the property will be submitted with the Building Permit application. ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2729-092-02-002 Page 25 (k) Non -Residential and/or Mixed Residential and Commercial Fixture Heights and Types Fixture heights (as measured from grade to the bottom face of a fixture) shall be ten feet or less in height, or the fixture must be fully shielded ("cutoff'), non- adjustable, and down -directed (or building mounted and directed back at a facade). For the following special use areas, the specified heights shall apply: (1) Public Parking Lots Lights shall be between twelve (12) feet and fifteen (15) feet high. Light intensity shall be between zero (0) and one-half (1/2) foot-candles. (2) Pedestrian Walkways The preferred option is for low-level "bollard" or pipe -mounted fixtures that are fully shielded and down -directed and have a maximum of four (4) feet height and minimum spacing of twenty-five (25) feet. If pole -mounted fixtures are desired, ten (10) feet is the maximum height with a minimum spacing of fifty (50) feet. Pole -mounted fixtures above six (6) feet in height must be fully shielded, non-adjustable, and down -directed. Lighting intensity shall be between one tenth (0.1) foot-candle and one half (1/2) foot- candle. (3) Vehicular Intersections Fixtures heights shall be between twenty (20) feet and twenty-five (25) feet in height. Lighting shall be between one-half (1/2) and one (1) foot-candle. (4) High -Activity Pedestrian Areas Lighting shall be between ten (10) feet and twelve (12) feet in height. Lighting shall be between one-half (1/2) and one (1) foot-candle. High -activity areas refer to areas where there is a concentration of people, particularly at night. (5) Automobile Service Station Canopies Light fixtures mounted on Automobile Service Station canopies and other canopies shall be recessed so that the lens cover is flush with the bottom surface of the canopy or shielded by the fixture or the edge of the canopy so that light is restrained to eighty-five (85) degrees or less from horizontal. Lights shall not be mounted on the top or sides (fascias) of the canopy. Signing that is in compliance with sign regulations may be placed on these surfaces. APPLICANT RESPONSE: This section is not applicable to this residential development. FIGURE 7-3: FULLY -SHIELDED, "CUTOFF' LIGHT DISTRIBUTION AND "CUTOFF' POLE FIXTURE (BELOW) ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID#2729-092-02-001 �Js02e Page 26 FIGURE 7-4: FULLY -SHIELDED, DECORATIVE FIXTURE WHERE BULB IS CONCEALED IN TOP OF FIXTURE (BELOW) Source: Figure 7-3: Kim Lighting; Figure 7-4: Architectural Area Lighting (l) Signage The following shall apply to sign illumination: (1) Internally -illuminated signs are prohibited. (2) Sign lighting shall be down -directed and shielded from neighboring property and the vision of passing motorists (see subsection (k) above). (3) Total wattage shall not exceed seventy-five (75) watts for incandescent light sources and thirty-two (32) watts for fluorescent sources. APPLICANT RESPONSE: The Applicant agrees to comply. A lighting plan for the property will be submitted with the Building Permit application. (in) Linear Architectural Highlighting Linear lighting (including neon, fluorescent, rope -lighting, low -voltage strip- lighting) primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement shall be prohibited. APPLICANT RESPONSE: The Applicant agrees to comply. A lighting plan for the property will be submitted with the Building Permit application. (n) Blinking Lights Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity and ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID#2729-092-02-001 000027 Pnge 27 changing color lights shall be prohibited, except for temporary holiday displays, lighting for public safety or traffic control, or lighting required by the FAA for air traffic control and warning purposes. APPLICANT RESPONSE: The Applicant agrees to comply. A lighting plan for the property will be submitted with the Building Permit application. (o) Exemptions The following types of lighting installations shall be exempt from the provisions, requirements and review standards of this section. (1) Health, Safety and Welfare If a lighting plan or fixtures are proposed that do not meet this Land Use Code but have demonstrable community and/or health, safety and welfare benefits, an exemption may be considered. The applicant shall submit information to adequately assess the community and/or health, safety and welfare benefits for approval by the Community Development Director. (2) Holiday/Winter Lighting (a) Residential Winter holiday lighting, including but not limited to lighting in outdoor trees, shall be illuminated only between November 15 and January 30. (b) Commercial Winter holiday lighting shall be illuminated only between November 15 and March 30. (c) Redstone Boulevard Residential and commercial winter holiday lighting shall be illuminated only between November 15 and March 30, or as determined by the Redstone Community Association. (d) General Standards All other lighting associated with any national, local or religious holiday or celebration may be illuminated two weeks prior to the holiday and extinguished within two days after the holiday. The light intensity of all holiday lighting shall not exceed one-half (1/2) of a foot candle at the property line. (3) Approved Historic Lighting Fixtures Nonconforming lighting fixtures that are consistent with the character of the historic structure may be exempted with approval from the Historic Preservation Officer or Historic Preservation Commission. Approved fixtures shall be consistent with the architectural period and design style of the structure and shall not exceed fifty (50) watts. (4) Lighting for Temporary Commercial Use/Special Events Requests for exemptions for lighting associated with temporary commercial uses and/or ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID#2729-092-02-001 00002.3 Page 28 special events may be applied for under the Temporary Commercial UseslSpecial Events procedures in this Land Use Code. APPLICANT RESPONSE: The Applicant agrees to comply if exempt residential lighting is used. (p) Lighting Plan Where property is located within a Scenic View Protection Area, the Community Development Department may require submittal and approval of a lighting plan either as part of the Site Plan or as a requirement of building permit submittal. APPLICANT RESPONSE: The Applicant agrees to comply. A lighting plan for the property will be submitted with the Building Permit application. SUMMARY Based on the information submitted in this letter, we believe that the proposed Site Plan is in compliance with all applicable standards of the Land Use Code. Thank you for considering this request. If you have any questions or requests for additional information, please contact me at 927-4645 or tom@npri.co. Sincerely, 0 Tom Newland, Newland Project Resources, Inc. ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2729-092-02-001 0 '002'. Page 29 ATTACHMENTS ATTACHMENT 1: Pre -application Conference Summary ATTACHMENT 2: Owners Consent to Represent ATTACHMENT 3: Disclosure and Proof of Ownership, List of Adjacent Property Owners ATTACHMENT 4: Address, Legal Description and Vicinity Map ATTACHMENT 5: Pitkin County Community Development Agreement for Payment of Land Use Aoolication Fees ATTACHMENT 6: Conceptual Drawings of Floor Plans and Elevations for Garden Shed and Barn/Workshop ATTACHMENT 7: Existing Conditions and Slope Analysis ATTACHMENT 8: Draft Activity Envelope and Site Plan ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2729-092-02-001 � 1i JJU Page 30 ATTACHMENT 1 Pre -Application Conference Summary Sheet PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY LOCATION: 700 Dorais Way, Wild Rose Ranch Lot A PID# 272909202001 ZONING: AR -2 SIZE: 13.4 Acres OWNER: Terry and Sue Knapp REPRESENTATIVE Tom Newland PHONE & EMAIL: 927-4645, tom(a)npri.co DATE: January 9, 2014 PLANNER: Mike Kraemer 920.5482 Type of Application: Activity Envelope and Site Plan Review. Description of Project/Development: The Applicant is requesting approval for an Activity Envelope and Site Plan which includes Scenic Review with Vesting to construct a detached workshop/garage. No previous land use decisions apply to the property; however the exiting residence received a Certificate of Occupancy in 1984. The property is current developed with a single family residence and multiple outbuildings. Sec. 7-10-50: Activity Envelope, Sec. 7-20-10: Site Preparation and Grading (include tree survey and mitigation proposal); Sec. 7-20-20: Steep and Potentially Unstable Slopes; Sec. 7-20-30: Water Courses and Drainage, Sec. 7-20-60: Wildfire (mapped severe) Sec. 7-20-70: Wildlife Habitat (mapped within elk winter range), Sec. 7-20-80: River and Stream Corridors and Wetlands Sec. 7-20-120(d): Standards for Scenic View Protection Areas (Hwy 133 is a designated scenic corridor); Sec. 7-20-130: Landscaping and Vegetation Protection; Sec. 7-20-140: Lighting. 'Refer to table 5-1.A for AR -2 floor area requirements. Staff will refer the application to the following agencies: Crystal River Caucus, Colorado Division of Parks and Wildlife (CPW — John Groves/Taylor Elm). Review by: Community Development Director. Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice at least 30 days prior (by first class mail) to all property owners and mineral estate owners within a 300 foot radius of all property lines with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice is postmarked to submit comments or objections to the Community Development Department. FEES: $3,798.00 (Please make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $3,744 (non-refundable, based on 12 hours of staff time. If staff review time exceeds 14.4 hours, the Applicant will be charged for additional time above 12 hours at a rate of $312/hour). • Public Notice Fee: $54 ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID#2729-092-02-001 000031 Puge 31 To apply, submit one unbound copy of the following: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing each of the provisions of the Pitkin County Land Use Code identified above in sufficient detail to demonstrate that all substantive review criteria have been met. Summarize existing conditions, current uses and proposed future uses or expansions as described in Section 1.1 through 1.8 of the Pitkin County Land Use Application Manual. 2. 24" by 36" and 11" by 17" Activity Envelope and Site Plan as designated in Sections 2.1.1, 2.1.12, 2.1.13 of the Pitkin County Land Use Application Manual; 3. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual (as applicable); 4. Copies of all resolutions, ordinances and approvals including any recorded drawings; 5. Documentation that the septic field can handle the additional capacity of the CDU; 6. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use Application Manual; 7. Parcel description, including legal description and 8-1/2" x 11" vicinity map locating the subject property within Pitkin County; 8. Consent from all owners to process application and authorizing the representative; 9. Total fee for review of the application; 10. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees; 11. List of all property and mineral estate owners within a 300 foot radius of all parcel lines; 12. A copy of this Pre -application Conference Summary form. NOTES: r PLEASE SUBMIT ONE UNBOUND, SINGLE SIDED COPY OF YOUR COMPLETE APPLICATION. i THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. "o ALL MAPS SHALL BE FOLDED �, The Land Use Code and Land Use Application manual are available on-line at Y Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2-20-100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID#2729-092-02-001 OU0032 Page 32 ATTACHMENT 2 Consent from the owner of the property for the representative named above to process the application and represent the owner Terry Knapp 7451 N 63rd St Longmont, Cc 80503 June 2, 2014 Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 RE: AUTHORIZATION TO REPRESENT To Whom It May Concern; Please consider this letter as authorization for Tom Newland of Newland Project Resources, Inc. to represent us in the processing of land use approvals and development permits for our properly located 700 Dorais Way, Redstone, Colorado (SPID # 272909202001). Mr. Newland is hereby authorized to act on my behalf With respect to all matters reasonably pertaining to land use approvals and development permits for this parcel. Since'errellyAGK Terty Knapp��//`. ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID#2729-092-02-001 0;10333 Page 33 ATTACHMENT 3 Disclosure and proof of ownership of the property complying with Subsec. 5-70-020(D) ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2729-092-02-001 000034 Page 34 Land Title Guarantee Company CUSTOMER DISTRIBUTION "dTlUe eunant+ret COMF/NV . Date 10-22-2013 Our Order Number: Q62005574-3 Property Address: 700 DORAIS WAY REDSTONE, CO 81623 If}on have an}inquiries or require further assistance, please contact one of the numbers below: For Closure Assistance: Jennifer Stepismk 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 Phone: 970-945-2610 Fax: 800-318-8206 EMad: jsteptsnik@A,,c.com Closer's Assistant Ann Mason Phone: 970-945-2610 Fax: 800-318-8206 EMail: amason@ltgc.com COLDWELL BANKER MASON MORSE REAL ESTATE *TMX* 385 REDSTONE BLVD CARBONDALE, CO 81623 Attn: JEFFREY BIER Phone: 970-963-1061 Copies: 1 EMad: jeftbier@masonmorse.com Sent Via EMail CELINA REDSTONE LP 13455 NOEL RD # 2000 DALLAS, TX 75240 Ann: GARY GOODNIGHT Phone: 214-368-6100 X 2182 EMail Ggoodnight(delandenerg).com LAND TITLE GUARANTEE COMPANY 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 Attn: Jennifer Stepismk Phone: 970-945-2610 Fax: 800-318-8206 EMail. Jstepunik@Itgc.com 10.24.13 000035 For Title Asentance: Aspen Title Dept. Kurt Beereboom 533 E HOPKiNS #102 ASPEN, CO 81611 Phone: 970-925-1678 Fax: 970-925-6243 EMail: kbeereboom@Itge-corn FREEBYRD REAL ESTATE 'TMX' PO BOX 341 NEW CASTLE, CO 81647 Attn: KEVIN HURLEY Phone. 970-984-9384 Fax: 970-984-2384 Coptes: I EMail- fish4kev@gmail.com Sent Via EMail TERRY R KNAPP AND SUE KNAPP 7451 N 63RD ST LONGMONT, CO 80503 Ann: TERRY R KNAPP AND SUE KNAPP EMad: TRKNAPP@MAC.COM,KNAPPSUE2@GMAIL.COM Sent Via EMad ELAND ENERGY Attn: ROBIN MCQUIRE EMnO: rmcquire@elandeoergy.com Land Title Guarantee Company Date: 10-22-2013 Land d Tide Our Order Number: Q62005574-3 GIIA0.ANTEE COMPANY WWW LTGC N PropertyAddress: 700 DORAIS WAY REDSTONE, CO 81623 Buyer/Borrower: TERRY R. KNAPP AND SUE KNAPP Seller/Owner: CELINA REDSTONE LP, A TEXAS LIMITED PARTNERSHIP Wire Information: (Please note: We do not accept ACH electronic transfers.) Bank: ALPINE BANK GLENWOOD SPRINGS, CO 81601 Phone: Credit: ABA No.: 102103407 Account: 1010018 384 Attention: Jennifer Stepi,snik Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining. Need a map or directions for your upcoming closing? Check out Land Title's web site at www.itgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 Deletion of Standard Exception(s) (Owner) Tax Certificate $1,730.00 $65.00 $25.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $1,820.00 roe. coezwa W., THANK YOU FOR YOUR ORDER! i1J�O�Ei Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q62005574-3 Schedule A Cost. Ref.: Property Address: 700 DORAIS WAY REDSTONE, CO 81623 1. Effective Date: October 16. 2013 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: ALTA" Owner's Policy 06-17-06 Proposed Insured: TERRY R. KNAPP AND SUE KNAPP $740,000.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: CELINA REDSTONE LP. A TEXAS LIMITED PARTNERSHIP 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Copyright 2006-2013 American Land Title Association. All rights reserved. - AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members ing ood standingf' as of the date of use. LAND TITLE ASSOCIATION All other uses are prohibited. Reprinted under license from the American Land Title Asaoclatmn. ry 0'0037 Our Order No: Q62005574-3 LEGAL DESCRIPTION TRACT A, WILD ROSE RANCH SUBDIVSTON. ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 3, 1953 IN PLAT BOOK 14 AT PAGE 33.0 COUNTY OF PITKTN, STATE OF COLORADO. X0003 6 ALTA COMMITMENT Schedule B -I (Requirements) Our Order No. Q62005574-3 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit (ITEM INTENTIONALLY DELETED) 2. (ITEM INTENTIONALLY DELETED) NOTE: THE PARTNERSHIP AGREEMENT FOR CELINA REDSTONE LP, A TEXAS LIMITED PARTNERSHIP DISCLOSES OGA GENERAL LLC AS THE GENERAL PARTNER THAT MUST EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF CELINA REDSTONE LP, A TEXAS LIMITED PARTNERSHIP AS A LP. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 4. RELEASE OF DEED OF TRUST DATED JANUARY 28, 2004 FROM KENNETH M. GOOD, SR TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF TEXAS COMMUNITY BANK AND TRUST TO SECURE THE SUM OF $768,000.00 RECORDED FEBRUARY 03, 2004, UNDER RECEPTION NO. 494124. WARRANTY DEED FROM CELINA REDSTONE LP, A TEXAS LIMITED PARTNERSHIP TO TERRY R. KNAPP AND SUE KNAPP CONVEYING SUBJECT PROPERTY. NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. NOTE: UPON APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE LOAN POLICY WILL BE DELETED. 00003 ALTA COMMITMENT Schedule B -I (Requirements) Our Order No. Q62005574-3 Continued: UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE OWNER'S POLICY WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF CELINA REDSTONE LP, A TEXAS LIMITED PARTNERSHIP. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF TERRY R. KNAPP AND SUE KNAPP. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ TAXES AND ASSESSMENTS FOR THE YEAR 2013 AND SUBSEQUENT YEARS. UU0040 ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62005574-3 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 18, 1894, IN BOOK 55 AT PAGE 46. 9. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION APPROVAL RECORDED NOVEMBER 28, 1979 IN BOOK 379 AT PAGE 879. 10. TERMS, CONDITIONS AND PROVISIONS OF FINAL PLAT APPROVAL RECORDED MARCH 14, 1983 IN BOOK 441 AT PAGE 909. 11. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON PLAT OF SUBJECT PROPERTY RECORDED FEBRUARY 3, 1983 IN PLAT BOOK 14 AT PAGE 33. 12. EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSES AS RESERVED BY JANET R. EDWARDS IN DEED RECORDED OCTOBER 21, 1983 IN BOOK 453 AT PAGE 747. O10�J041 ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62005574-3 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. EASEMENT AND RIGHT OF WAY GRANTED IN INSTRUMENT RECORDED OCTOBER 23, 1987 IN BOOK 549 AT PAGE 112 AND RE-RECORDED JANUARY 7, 1988 IN BOOK 554 AT PAGE 556. 14. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT AND DEED OF EASEMENT RECORDED OCTOBER 23, 1987 IN BOOK 549 AT PAGE 115. 15. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED MARCH 18, 1994 AT RECEPTION NO. 368003. 16. TERMS, CONDITIONS AND PROVISIONS OF ADMINISTRATIVE DETERMINATION #27-2005 RECORDED MARCH 18, 2005 AT RECEPTION NO. 508034. 17. TERMS, CONDITIONS AND PROVISIONS OF WILD ROSE SETTLEMENT AGREEMENT RECORDED MARCH 11. 2008 AT RECEPTION NO. 547290. 18. TERMS, CONDITIONS AND PROVISIONS OF PUBLIC TRAIL EASEMENT RECORDED MARCH 11, 2008 AT RECEPTION NO. 547291. 19. TERMS, CONDITIONS AND PROVISIONS OF MOTORIZED ACCESS EASEMENT RECORDED MARCH 11, 2008 AT RECEPTION NO. 547292. 20. ANY FACTS RIGHTS INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT SURVEY DATED SEPTEMBER 5, 1989, PREPARED BY LINES IN SPACE: DRIVEWAY LOCATED ALONG EASTERLY BOUNDARY OF SUBJECT PROPERTY. 21. ANY RIGHTS INTERESTS OR EASEMENTS IN FAVOR OF THE STATE OF COLORADO, THE UNITED STATES OF AMERICA OR THE GENERAL PUBLIC, WHICH EXIST OR ARE CLAIMED TO EXIST OR ARE CLAIMED TO EXIST IN. OVER AND/OR ACROSS THE WATERS AND PRESENT AND PAST BED AND BANKS OF THE CRYSTAL RIVER. 000042 LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subj�ect real property may be located in a special taxing district. B) A CertitScate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulation 3-5-1, Section 7L requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recordin the legal documents from the transaction, exception number 5 will not appear on the Owner s Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B. Section 2 of the Commitment from the Owner s Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic s and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise estate and that there is a substantial likelihood that a third party conveyed from the surface holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial or insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the com any to provide any of the coverages referred to herein unless the above conditions are fully satisf�d. DISC[ASDRE 02/2011 000043 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information'). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates - Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion- * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Associat;on, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.FOI..ORT Commitment to Insure ALTA Commitment -2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) far a valuable consideration, commits to Issue Its policy or policies of title insurance, as identified in Schedule A, In favor of the * * Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall he effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been Inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies Is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall Include deed of trust, trust deed, or other security Instrument. 2 If the proposed Insured has or acquires actual knowledge of any defect, Igen, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fall to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or If the Company otherwise acquires actual knowledge of any such defect, Igen, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously Incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss Incurred In reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or Interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability Is subject to the Insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the farm of policy or policies committed for In favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to Issue one or more idle Insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or Interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to he issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is 82,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment Is also subject to the following 1. Rights or claims of parties In possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public RBC01113. 3. Discrepancies, con licts In boundary lines, shortage In area, encroachments, and any facts which a correct survey or Inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, (lens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or Interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused as corporate name and seal to be affixed by its duly authorized officers on the date shown In Schedule A to be valid when countersigned by a validating officer or other authorized signatory. A horized Sign tore CC.ORT.06 000045 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South ,,,,, Minneapolis, Minnesota 55401 pP�TIT*F�Ns Mar[< Ilbre y * (612) 371-1111 ; zP *+' * cp ; President _� * is - AMERICAN 7 LAND TITLE ASSOCIATION ' : * 0•• Rande Yeager °10 �, Aria .• Secretary List of Adjacent Property and Mineral Rights Owners ZIEGLER NICHOLAS J TRUSTEE DORAIS WILLIAM 1 & MARY C 994 NW 7TH ST PO BOX 391 BOCA RATON, FL 33486-3418 CARBONDALE, CO 81623 YOUNGMAN PHILIP VMB LLC 77490 CALLE ARROBA BOX 391 LA QUINTA, CA 92253 REDSTONE, CO 81623 OWEN RICHARD FAMILY TRUST CERF-GRAHAM LINDA OWEN LYNNE FAMILY TRUST 0531 DORAIS WY 1200 HI CIR S REDSTONE, CO 81623 HORSESHOE BAY, TX 78657 RUSSELL WILLIAM D & DEBRA F EMERICK JOHN C 279 TROUT RUN DR 111 MOUNTAIN LION WY REDSTONE, CO 81623 REDSTONE, CO 816239589 FORNEY FAMILY TRUST GAYLORD FAMILY REVOCABLE TRUST PO BOX 1809 606 DORAIS DR CARBONDALE, CO 816234809 REDSTONE, CO 81623 VANCE KATHLEEN ANN MATTINGLY LYNN DEE 15484 HWY 133 14911 ROYAL RD CARBONDALE, CO 81623 PAONIA, CO 81428 FICHTE ROYCE 15480 HWY 133 REDSTONE, CO 81623-9473 ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2729-092-02-002 660646 Pa9e 35 ATTACHMENT 4 Street address and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject property within Pitkin County ADDRESS 700 Dorias Way, Redstone, Co 81623 LEGAL DESCRIPTION TRACT A, WILD ROSE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 3, 1983 IN PLAT BOOK 14, PAGE 33, PITKIN COUNTY, COLORADO. - VICINITY MAP - ACTIVITYENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2729-o9a-a¢-Wl Page 36 00000 ATTACHMENT 5 Executed Pitkin County Community Development Agreement for Payment of Land Use Apolication Fees form PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 011-2005 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $3,798.00 which is based on 12 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben, Signature Community Development Director Tom Newland April 10, 2014 c/o Terry Knapp 7451 N. 63'd Street Longmont, CO 80503 ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2729-092-02-002 000048 Page 37 ATTACHMENT 6 Conceptual Drawings of Floor Plans and Elevations for the Residence ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2729-092-02-001 Page 38 f6 a)?� O Q U CL c Q O O Q Ln 000050 w00 N c X W 10 H V u 000051 P E'; f� d CL CL a c Y A t C Q A nnnngo Er IX� fel I�1 lel CL CL Y 000053 1--- i--, - , I � I I l I 1 � I I L� r 1 I � 1 r ' I � i CL CL Y 000053 ATTACHMENT 7 Existing Conditions Map with Slope Analysis ACTIVITY ENVELOPE AND SITE PLAN REVIEW, PARCEL ID #2729-092-02-Wl 000054 Page 39 C 700 DORAIS WAY SLOPE ANALYSIS TRACT A, WILD ROSE RANCH, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 14 AT PAGE 33 COUNTY OF PTTKIN, STATE OF COLORADO PARCEL N0. 2729-092-02-001 s�R w GRAPHIC SCALE (dPYe) 'l ��0055 VICINRY MAP % f.%w NOTES 6A46 w "ND FCR MS AA,£Y 15 A w N6 w NEI'TJ'45Y 6ETM01 A ROM .DED CM LS �I.tll MD A F6 #BM M lME NCRTHAIY fiWMOMY w lxE PPCPERtt. AS .... MAFP4. DAIS w 4MWEY: JUNE M, 27. mIA L IMR um m PNFCRx Nis s RRY BERE U.s SUR4V RX' I M BDRK Is RASM a IME RECORDED MT w RRD R RANM REDDRDED FE9MIMY s. Im As/RDEPnN xa ].Mm x M xlltw C w QOM AND MCdi s aFFK£ xD MOD fC,R, M AD, A4 9gNx TD5 "WY ,N$ %LL Y T TME RFNOIT w A DM CCM D.l. INF 0flt ANY �. TD ME n T RAY UFECT THE 9 DT xmMRfY xAYE xOT BEFl1 RES�WC'llm 6Y Ym CpNlltr ENtlNONMD. IRC. ➢EV1. 9bW RORN ME 6 N RDNM AYO6. RM0A1. w I.. INAw R6) mA&IFVD BY 6FS DBDO xM . PIIDfF3XD BY (RIS YE3LMD M RUNAM0H w J00.5.54 d ME USS AIWINIM CAP 910W, NOCGH. CpIlD1A ld EA MWU 1 RM IMT NL RB1 !Y TE4 MELMA TMT mlRl MF DHFR M fiE SMRE w TE WMIS 9gMN XpEM RM DDO Im®Y 6TA091 M ACIINIT MMtlOFE 4T FVfM KMpI fic TxE arREn Aaa,aMmas eea wafim r MORN, caxrr w nF m6M+DE a 'FNNRMgIIK MAtMD NEAP TMT MOIT NRCI llF Mw RI Y. M1Y WV 9 UY =X DR M6RD:i. 116.M IAMBM' w TE RMN CPMItt REORATfM6 W a M Mry WY DR Mrsr nMr mE Ards aTsIDE w aE6vunn xAzuR MFRS DEE a PA6 IRaR xuARoa m nuT ARmDYm MTRAna+ MrMTMFs Iu ovAcwtDE TIE 6NElT w RE ,Twv,rr. PRKIN COUNTY COMMUNMY DEVELOPMENT DIRECTOR'S APPROVAL „K ACIINTY EM.L AMD 91F MM RAS VMDR MY£IED NU AWRDYm 6Y IIC CtlYIWry RKL6YFMT DRECTM w fl D0URN Ttl6 CAY w — m— MC MAs MOR PIEPAPm PURSYMi Tl /CWISIFJTY4 lCp9w NC. IEttKm A6 REQTTCN ,M. ax6Y M - -CMR-- MRmmR CLERK AND RECORDER'S CERTIFICATE 1M9 ACTNIL fNNLwE MY El[ 0.M MM ml AAbblm TI MwR'Yq M M wFlGF w IME cRura AxD 1Ec6moi�w FMMI muTY _ oAY w m - 4T aER AxD REIf.IJIEI, 6Y own L IZO W JoPO Z us U z 2U� Zu W'p" <6 Q g0a Z nin qpm U "uz x 1 D. O u d P ECTNO 21416moo 1OF1 700 DORMS WAY VICINRY MAP % f.%w NOTES 6A46 w "ND FCR MS AA,£Y 15 A w N6 w NEI'TJ'45Y 6ETM01 A ROM .DED CM LS �I.tll MD A F6 #BM M lME NCRTHAIY fiWMOMY w lxE PPCPERtt. AS .... MAFP4. DAIS w 4MWEY: JUNE M, 27. mIA L IMR um m PNFCRx Nis s RRY BERE U.s SUR4V RX' I M BDRK Is RASM a IME RECORDED MT w RRD R RANM REDDRDED FE9MIMY s. Im As/RDEPnN xa ].Mm x M xlltw C w QOM AND MCdi s aFFK£ xD MOD fC,R, M AD, A4 9gNx TD5 "WY ,N$ %LL Y T TME RFNOIT w A DM CCM D.l. INF 0flt ANY �. TD ME n T RAY UFECT THE 9 DT xmMRfY xAYE xOT BEFl1 RES�WC'llm 6Y Ym CpNlltr ENtlNONMD. IRC. ➢EV1. 9bW RORN ME 6 N RDNM AYO6. RM0A1. w I.. INAw R6) mA&IFVD BY 6FS DBDO xM . PIIDfF3XD BY (RIS YE3LMD M RUNAM0H w J00.5.54 d ME USS AIWINIM CAP 910W, NOCGH. CpIlD1A ld EA MWU 1 RM IMT NL RB1 !Y TE4 MELMA TMT mlRl MF DHFR M fiE SMRE w TE WMIS 9gMN XpEM RM DDO Im®Y 6TA091 M ACIINIT MMtlOFE 4T FVfM KMpI fic TxE arREn Aaa,aMmas eea wafim r MORN, caxrr w nF m6M+DE a 'FNNRMgIIK MAtMD NEAP TMT MOIT NRCI llF Mw RI Y. M1Y WV 9 UY =X DR M6RD:i. 116.M IAMBM' w TE RMN CPMItt REORATfM6 W a M Mry WY DR Mrsr nMr mE Ards aTsIDE w aE6vunn xAzuR MFRS DEE a PA6 IRaR xuARoa m nuT ARmDYm MTRAna+ MrMTMFs Iu ovAcwtDE TIE 6NElT w RE ,Twv,rr. PRKIN COUNTY COMMUNMY DEVELOPMENT DIRECTOR'S APPROVAL „K ACIINTY EM.L AMD 91F MM RAS VMDR MY£IED NU AWRDYm 6Y IIC CtlYIWry RKL6YFMT DRECTM w fl D0URN Ttl6 CAY w — m— MC MAs MOR PIEPAPm PURSYMi Tl /CWISIFJTY4 lCp9w NC. IEttKm A6 REQTTCN ,M. ax6Y M - -CMR-- MRmmR CLERK AND RECORDER'S CERTIFICATE 1M9 ACTNIL fNNLwE MY El[ 0.M MM ml AAbblm TI MwR'Yq M M wFlGF w IME cRura AxD 1Ec6moi�w FMMI muTY _ oAY w m - 4T aER AxD REIf.IJIEI, 6Y own L IZO W JoPO Z us U z 2U� Zu W'p" <6 Q g0a Z nin qpm U "uz x 1 D. O u d P ECTNO 21416moo 1OF1 O9 a6od Too-zo-z6o-6zZz# 0173JHVd 'AA31A38 NV7d 3115 CNV 3dOl3AN3 ADAIIDV veld alis pue adoianu3 AI!AIPV pasodad 8 1N3WHJV1IV ACTIVITY ENVELOPE ••.••••••....••• 100 -SETBACK FROM RIVER 6i• 000057 MM s DM Ls /1 Yll PDUND 700 DORAIS WAY ACTIVITY ENVELOPE AND SITE PLAN TRACT A, WILD ROSE RANCH, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 14 AT PAGE 33 COUNTY OF PITKIN, STATE OF COLORADO PARCEL N0. 2729-092-02-001 Nwl¢ onnE i— rss.R a ve Ls 0 pn M/ID MII'�5 COAIG EN41110 IpLE / \ �r >OO• t. '�.� •\. pNIWi Paw u 29547_ ,.�•'�• 'I ♦ PK �A / 1¢oWRxIY0m1U / � O / y\ BTANKPIEDUr OR.AY 7 ' / V'A d7U. / T11II P./ / ./ WEST 775.08' TDW Itdl]01' �SAUDI` / INNIIT I / \ > sPeDle NY Ipe I SC4 Y R11 DkY. / _ OST I V N lANN I 10 / % GRAPFUC SCALE >! ♦ 1 MCE - AD rt VICINITY MAP t - V - II NOTES BAffi 6 INAP T fM MS "I IS A DFARMD 6 NMvymS INVAIDI I. PLIR AND CM LA b11111 MM A 0 R®N a1 M NDPI BMY WNOCi M MDMRIY. AS 91TN NgEW.. DAZE 6 S ... 7% 27.2014. IIMM IAE3 1 TD P DNA " WRT{r Y DS ARIM FEET. m 4gYEY IS BASED d M NV IFO MT D, WL RNE RMIW RECa6'FD RIDNAM N&i A$ NECBTW H0. 117BRI IN M R CWN}Y a AND RECtlIDEKS RRS AND [a0.4R5 P IN PI IS Wo N. 1N5 AIR4TY N45 PNYNIm W1MWt M Bf11ETT LF A tI CDAAMNDT VADD . ANr FXQPIIDI6 10 TTE iNA! YAY IIFECf M 49.[CT PRCPFRir "A NDT NMN IR=MCHIND 9r NW CDUxmY INRiDR1B. NG FIEVATdIs s10N PfAFDI ARE aA¢D W HtlfM AMEIIIGN RAMAL oATNI CF IpBR (NAW BB) ESTIHl91Ep Br a5 DBYAWMN Aw PRS B. DPU$ 11F1aN0 M1 6EVAlIW Of )OXEP W M V4S AlL'WNLM C.W 910W1 Nf1EW. Cg11NR NMI EW. I PWT. OWNER'S CERTIRCATE 91IIE TARN rvc LVD. MTT AND D� xv®r f5T1891�11EM=m N DN ANa SA PSM 16aM. ry OWNER'S ACKNOWLEDGMENT M pMit AW WNID:d pMG KG® BY NINN LaMtt 6 M FPSIDIR 6 'pM1aIw1lIL NAiYD .WFAP MAT INNP MWtf M PIMPEAM1. AVY T IN ANYS. AND M OZ TFRE6 TQI PRJN9W5 (b M MAI CWNT✓ AND A WT OD NDT M ANY WT ZANDN TN MPRDM9 4Y.M1 WIYA91IF5 i DAAMID RAAMC M SIiCIY V ME PRWTh. MAIAPfS al PfIKIN CWNT' COMMUNITY DEVELOPMENT DIRVff pTESm9K�fWpII1Y� DMiO[ IPID /[NM IW E®I MMII® PID I1M0� ry M WAEMIY PIVE Nm —RN M�WaRW 1MMOdO116r MYOKI��I�IaI QOY xa6M - fb..Aln RIflCMMP pFLWR lIIS AenxD B+N611S AMi vIE PIMI xAs euN ACaPIfD FDR NEmmwc w M am a M 6Wt Nq ACSCN CI N11a1 WRIPI. M1MAW MR _ WY (i NAT NIIY. �� PAR _ K 16L0'Ob1 ND. amN Aro REGaDDI ry DDvx z PROJECT NO. 214167&& I OF PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on February 10, 2015, the Pitkin County Community Development Director granted approval for the Knapp Activity Envelope and Site Plan Review (Case P060-14; Deter. 4008-2015). The property is located at 700 Dorais Lane and is legally described as Lot A, Wild Rose Ranch Subdivision. The State Parcel Identification Number for the property is 2729-092-02-001. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly, on FEBRUARY 26, 2015. PUBLIC NOTICE RE: Knapp Activity Envelope and Site Plan Review (Case P060-14) NOTICE IS HEREBY GIVEN that an application has been submitted by Terry and Sue Knapp (7451 North 63rd Street, Longmont, CO 80503) requesting approval for an Activity Envelope and Site Plan which includes Scenic Review with Vesting to construct a detached workshop/garage. The property is located at 700 Dorais Lane and is legally described as Lot A, Wild Rose Ranch Subdivision. The State Parcel Identification Number for the property is 2729-092-02-001. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. Comments or objections are due by September 1, 2014. For further information, contact Mike Kraemer at (970) 920-5482. Published in the Aspen Times Weekly on August 7, 2014. Attention All Property Owners within 300' of the subject property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by September 8, 2014. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. http•//www aspenpitkin com/Portals/0/docs/county/Com%2ODev/Planniny/Land Use Applicatio ns/P060 14 app.pdf County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-100 I, Tom Newland, being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public comment deadline to all owners of property within 300' of the subject property, as indicated on the attached list, on August 1, 2014 (which is 30 days prior to the deadline of September 8, 2014). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on August 13,2014, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. 00, ►O e W — Applicant's name ture (Attach photograph here) Signed before me this_day ofVe, 201,5by -1�mmn5 R �ew�can� WITNESS MY HAND AND OFFICIAL SEAL My commission expires: l l Iii 16 VERONICA N. MLOA t XgCo nt CC, NOTARY PUBLIC STATE OF COLORADO Notary Public NOTARY ID 20124075273 ((1 2/c WCO USSION EXPIRES WNEIBER 19, 2016 Notary Public's Signature da 0�a-off-00 � P L� a �Z711,1'47w>�p]�;`'A.��.... r f,. All Y ;A Z-. t.ia �i R ys . .. �• �:., . P . •f Y :$R •eN �i � n :ti Y �. �,�' i ;�..t ��+' . �� � �: f,. �k x� i � ;• � 1 ItF. FN a A� � ��i_ .. f,�{ 7�Tt�j�.y�. t^�'�1 j. �✓��g. _ i ���y�:, 44. ZV t M av r t > > y �y r .1� %ll a i. '?ij!�i^ C�' '1 1 �w `. S' 4 � � Rt -. - "' a. s ���(�� Hca' ` '�' \�� . e fi eP�^ g� K�\� ,�; ^•o+m' - .. �`�� A.. �..,�\ ''.-i c �_.� -A� .:A�\` �''+ $.`�� � er*",`Q= �s �Snn'�•"• �\ � ..c :� S.=<..'. . @.. .. � � ate., `r,��ei�PRv •�, ���.+�c�„� vv Oyu.. F�,�� �'� a.. �' _.. c `�c. . .. � ,�:.. ..,, .. . �„ �e,, ^� ate; .., ,s�a\r• � � � i" \ � � ^s ! R .U;��� \3w"��•F`�ci"``&� '�_ 'auk. �T tr t x. 3>.:�:`:: \\��'s.�C.\ P' `,,��`�,, Pylt, a l' F. R ' _ 1. �.c9 i• � �°" 4n t.I �f12 _ c , F? P L� a �Z711,1'47w>�p]�;`'A.��.... r f,. All Y ;A Z-. t.ia �i R ys . .. �• �:., . P . •f Y :$R •eN �i � n :ti Y �. �,�' i ;�..t ��+' . �� � �: f,. �k x� i � ;• � 1 ItF. FN a A� � ��i_ .. f,�{ 7�Tt�j�.y�. t^�'�1 j. �✓��g. _ i ���y�:, 44. ZV t M av r t > > y �y r .1� %ll a i. '?ij!�i^ C�' '1 1 �w `. S' 4 � � Rt -. - "' a. s ���(�� Hca' ` '�' \�� . e fi eP�^ g� K�\� ,�; ^•o+m' - .. �`�� A.. �..,�\ ''.-i c �_.� -A� .:A�\` �''+ $.`�� � er*",`Q= �s �Snn'�•"• �\ � ..c :� S.=<..'. . @.. .. � � ate., `r,��ei�PRv •�, ���.+�c�„� vv Oyu.. F�,�� �'� a.. �' _.. c `�c. . .. � ,�:.. ..,, .. . �„ �e,, ^� ate; .., ,s�a\r• � � � i" \ � � ^s ! R .U;��� \3w"��•F`�ci"``&� '�_ 'auk. �T tr t x. 3>.:�:`:: \\��'s.�C.\ P' `,,��`�,, Michael Kraemer <michael.kraemer@pitkincounty.com> RE: Knapp Approval 1 message Tom Newland <tom@npri.co> To: Michael Kraemer <michael.kraemer@pitkincounty.com> Yes. Here is the count: Tue, Dec 16, 2014 at 3:59 PM Main House: 2,070 sf Kid's Cabin: 80 sf Root Celler: 80 sf Office: 216 sf Garden shed: 370 sf (demolished, to be replaced by new shed of same size) Horse Shed: 360 sf (across road in ag field) TOTAL: 3,176 sf _: 5,750 sf Floor Area Remaining: 2,574 sf Barn/Shop: 2,916 sf as proposed Difference: 340 sf over FAR We decided that Knapp would have three options: 1. Tear down horse shed and construct barn as proposed (2,916 sf) 2. Submit for ag exemption for horse shed and construct barn as proposed; cif a 3. Reduce size of barn by 340 sf to 2,576 sf. Sound right? Tom Newland, Newland Project Resources, Inc. PO Box 4815, 417 Original Road Basalt, CO 81621 (970) 9274645(o) (970) 618-9922(c) tom@npri.co W 0,,, ,,„„, 0- Please consider the environment before printing this email. From: Michael Kraemer[mai Ito: michael.kraemer@pitkincounty.com] Sent: Tuesday, December 16, 2014 2:13 PM To: Tom Newland Subject: Re: Knapp Approval Hey Tom, this looks good. Have your owner sign it. Have we hammered out the floor area for this lot yet? Thanks, Mike On Mon, Dec 8, 2014 at 11:05 AM, Tom Newland <tom@npri.co> wrote: Mike: sent you a draft plat a while back but haven't gotten a response. Attached is the plat — can you look at it and see if it's good to go? If so, I will get Terry's signature on it. Thanks PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX4 (970) 920-5439 July 28, 2014 Tom Newland 417 Original Road Basalt, CO 81621 tom@npri.com Re: Knapp Activity Envelope and Site Plan Review (PID #2729-092-02-001; Case # P060-14) Dear Mr. Newland: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300' of the subject property with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by August 7, 2014. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice who wishes to submit comments or objections to the Community Development by 8ch day of September, 2014. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 22"d` day of August, 2014, which is at least fifteen (15) days prior to September 7, 2014. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2-20-100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX4 (970) 920-5439 MEMORANDUM To: Colorado Parks and Wildlife Crystal River Caucus FROM: Mike Kraemer, Community Development Department Michael.kraemer(d—Opitkincounty.com Re: Knapp Activity Envelope and Site Plan Review (PID 2729-092-02-001; Case P060-14) DATE: July 21, 2014 Attached for your review and comments are materials for an application submitted by Terry and Sue Knapp. The Pitkin County Community Development Director will review the application. Please return your comments to me by Monday, September 1, 2014. htti):Hwww aspenpitkin com/Portals/0/docs/county/Com%20Dev/Plannina/Land Use Ap plications/P060 14 app.pdf If you require a paper copy of this application contact Bonnie Shiles at bonnie.shiles@pitkincounty.com or 920-5109. Thank you. MW�-'y"v.C co0 August 1, 2014 Parks and Wildlife Department of Natural Resources Glenwood Springs Area Office 0088 Wildlife Way Glenwood Springs, CO 81601 Mike Kraemer Community Planner Pitkin County 130 South Galena Street Aspen, CO 81611 RE: Knapp Activity Envelope and Site Plan Review (PID 2729-092-02-001) Dear Mike, Colorado Parks and Wildlife (CPW) has reviewed the materials submitted by the applicant for the proposed activity envelope and site plan review located at 700 Dorais Way in Redstone. As identified in the application packet, the property ties within elk winter range and is within one mite of several important seasonal habitat types for Rocky Mountain bighorn sheep. The applicant has stated that they agree to comply with general standards 1-13 of the Pitkin County Land Use Code Section 7-20-70 Wildlife Habitat. Given the activity envelope lies within a mapped black bear fall concentration area, general standards relating to bear proofing and elimination of bear attractants are especially relevant. General standard number 14 states "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." This standard should also be included as a condition of approval for this project and was missing on the application. Colorado Parks and Wildlife has no further recommendations at this time and appreciates the opportunity to provide input. If there are any questions or needs for additional information don't hesitate to contact Land Use Specialist, Taylor Elm at (970) 947-2971 or District Wildlife Manager, John Groves at (970) 947-2933. Sincerely, Perry W' , Area Wildlife Manager Cc. John Groves, District Wildlife Manager Taylor Elm, Land Use Specialist File Bob D. Broscheid, Director, Colorado Parks and Wildlife - Parks and Wildlife Commission: Robert W. Bray - Chris Castilian, Secretary - Jeanne Horne Bill Kane, Chair - Gaspar Perricone - Dale Pizel - James Pribyl - James Vigil - Dean Wingfield - Michelle Zimmerman - Alex Zipp Name: Project Address Type: Permit Number 0060.2014. PLAN PITKIN 4.UNTY COMMUNITY DEVELhrMENT Permit Receipt RECEIPT NUMBER 00036373 Terry R Knapp Date:7/11/2014 700 DORAIS LN check # 1027 Fee Description PP- Flat Fee Total: Amount 3,744.00 3,744.00 Name: Project Address: Type: Permit Number 0060.2014. PLAN z PITKIN tr..UNTY COMMUNITY DEVEL%.t*MENT Permit Receipt RECEIPT NUMBER 00036374 NEWLAND PROJECT RESOURCES, INC Date:7/11/2014 700 DORAIS LN check # 5145 Fee Description PP- Public Notice Fee dotal: Amount 54.00 54.00 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WTHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. TRACT A, WILD ROSE RANCH, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 14 AT PAGE 33 COUNTY OF PITKIN, STATE OF COLORADO PARCEL N0. 2729-092-02-001 mcI rr I RAVS: b1l OZ3, UZ118/ZU15 at 12:07:39 PM, 1 OF 2, R $21.00 Janice K. Lev Vas Caudill, Pitkin County, CO PLAT BK 109 PG 42 VICINITY MAP SCALE: 1" = 1,000' NOTES: BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N81'23'45"E BETWEEN A REBAR AND CAP L.S. #14111 AND A #5 REBAR ON THE NORTHERLY BOUNDARY OF THE PROPERTY, AS SHOWN HEREON.. DATE OF SURVEY: JUNE 25, 27, 2014. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. THIS SURVEY IS BASED ON THE RECORDED PLAT OF WILD ROSE RANCH RECORDED FEBRUARY 3, 1983 AS RECEPTION NO. 247681 IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE AS SHOWN. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE, ANY EXCEPTIONS TO TITLE THAT MAY AFFECT THE SUBJECT PROPERTY HAVE NOT BEEN RESEARCHED BY HIGH COUNTRY ENGINEERING, INC. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) ESTABLISHED BY GPS OBSERVATION AND PROCESSED BY OPUS YIELDING AN ELEVATION OF 7055.54 ON THE USFS ALUMINUM CAP SHOWN HEREON. CONTOUR INTERVAL EQUALS 1 FOOT. OWNER'S ACKNOWLEDGMENT THE OWNER ACKNOWLEDGES BEING INFORMED BY PITKIN COUNTY OF THE EXISTENCE OF "ENVIRONMENTAL HAZARD AREAS" THAT MIGHT AFFECT THE PROPERTY, ANY IMPROVEMENTS, AND THE USE THEREOF. THEN PROVISIONS OF THE PITKIN COUNTY REGULATIONS DO NOT IN ANY WAY ASSURE OR IMPLY THAT THE AREAS OUTSIDE OF DESIGNATED HAZARD AREAS WILL BE FREE FROM HAZARDS OR THAT APPROVED MITIGATION MEASURES WILL GUARANTEE THE SAFETY OF THE PROPERTY. CLERK AND RECORDER'S CERTIFICATE THIS ACTIVITY ENVELOPE AND SITE PLAN HAS BEEN ACCEPTED OR RECORDI IN THE OFFICE OF THE CLERK AND R "CORDER OF PITKIN COUNTY, COLORADO THIS DAY OF WQO� PLAT BOOK PAGE -.pt._, AS RECEPTION N0. /a1 �R i_—. /J CLERK AND RECORDER 0) e BY: DEPUTY PROJECT NO. 2141673.00 I OF 2 d 2 � m O O WN _ OER !�}' Q. k; APP IT] r 3 L) FW a w a CLERK AND RECORDER'S CERTIFICATE THIS ACTIVITY ENVELOPE AND SITE PLAN HAS BEEN ACCEPTED OR RECORDI IN THE OFFICE OF THE CLERK AND R "CORDER OF PITKIN COUNTY, COLORADO THIS DAY OF WQO� PLAT BOOK PAGE -.pt._, AS RECEPTION N0. /a1 �R i_—. /J CLERK AND RECORDER 0) e BY: DEPUTY PROJECT NO. 2141673.00 I OF 2 WN _ OER !�}' Q. k; APP U w a a0 r PITKIN COUNTY COMMUNITY DEVELOPMENT Z U DIRECTOR'S APPROVAL Y Q UJ 0. THIS ACTIVITY ENVELOPE AND SITE PLAN HAS BEEN REVIEWED AND PPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY THIS I ae AY OF Nm- 20 -LS AND HAS BEEN N i Q EURSUANT TO ADMINISTRATIVE DECISION N0. RECORDED AS RECEPTION NOEPA® W �LP AuwIL SEAL O CINDY HOUBEN - COMMUNITY DEVELOPMENT DIRECTOR P O CA SIV* jy(ge OL) CLERK AND RECORDER'S CERTIFICATE THIS ACTIVITY ENVELOPE AND SITE PLAN HAS BEEN ACCEPTED OR RECORDI IN THE OFFICE OF THE CLERK AND R "CORDER OF PITKIN COUNTY, COLORADO THIS DAY OF WQO� PLAT BOOK PAGE -.pt._, AS RECEPTION N0. /a1 �R i_—. /J CLERK AND RECORDER 0) e BY: DEPUTY PROJECT NO. 2141673.00 I OF 2 100 -FOOT RIVER SE_ 700 DORAIS WAY ACTIVITY ENVELOPE AND SITE PLAN TRACT A, WILD ROSE RANCH, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 14 AT PAGE 33 COUNTY OF PITKIN, STATE OF COLORADO PARCEL N0. 2729-092-02-001 REBAR & CAP LS. #14111 WITNESS CORNER FOUND #5 REBAR / FOUND EASTING FENCE REBAR & CAP LS. #14111 FOUND (BASSu"­­ 3'45" E 9►y %TI 1 1 '+ i 4, Pvc 30ACCESS •• • // SEPTC EASEMENT /f cl '••'�� EIE �( �• %/ �' ��_ '//�1 E)USTING .• •••• ♦ 'low, ��/�� � i HOUSE EXPANDED) . DRA RIVEWAY 1 I i. POWER �. �-•„� �. �^-7035•-- i�.,.-- DRIVE / POLE �. -- / / `a \ lk,i-� =—/� ,�\ 11:8'x2 5 �� H -•-•sem `- �- // COR 28' CA ACTIVITY 1 J ENVELOPE FOR 7¢388 : 40110E ACCOPOINO TO COLORADO LAW YOU MUW COMMENCE ANY LEOAL ACTON BASED UPON ANY DETECT W THIS SURWY W1 N TIIPEE YEARS AFTER YOU FIRST A=M SUCH DEFECT. IN NO EWIT MAY ANY ACTON BASED UPON ANY D T IN TRS SURVEY BE COMMENCED MORE T1AN WN YEARS PROM T E OATS OF CERTFICATON SHOWN HER W J NEW BARN, NEW GARDEN SHED, AND EXISTING 1� STRUCTURES-�� j—�� s f SS. �r W,\100��fc 806, REBAR & CAP L.S. #14111 FOUND _,4 i 1 USFS/2. ' ALUM. CAP 055.541HM ElEV 78 /Ln / / 775.08' GRAPHIC SCALE 0 D AO 90 190 ( IN FEET ) I inch - 40 ft ACTIVITY ENVELOPE FOR EXISTING HORSE SHELTER AND PASTURE ACCESS O' U 4UNj ZZ O 0 Z j0 DJ Fo n o 0w's a� � O z°q¢�rc vo YOEm p0 N f < 9=w z0 N z OH n 0) m��O i,o O 00 z00= QU 0 NWUW U 0 {m X a WZ U J Z 0 N w m U z w Z �om� W•- `) me Z uW U nw kC zuz' z Z W 4wu IL x LqD 0 zl.� waw' U z = IL w a IL O tW_- N Z p 0 Y W W �> o Lo z W0 �o 0 o o � PROJECT NO. 2141673.00 20F2