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HomeMy WebLinkAboutpitkin.planning.264321304002 (2015)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: 2643-21-3-04-002 Application Date: 6/11/15 Case No: P048-15 Description: Pensco Trust Company Activity Envelope Review Planner: Suzanne Wolff # Copies: 1 Allocated Hours: 10 Project Address: RED TAIL LN, ASPEN, CO 81615 % Over Hours: 12 Property Owner: PENSCO TRUST COMPANY Owner's REP: ALAN RICHMAN REP's Email: arichman@sopris.net Referrals: ALL OTHER REFERRALS Comments Due Date: 08/03/2015 Meetings: 7st Meeting: Meeting Date: Review Body: Public Hearing? Notice Date: Meeting Notes: yes 07/02/2015 Address: 1450 SILVER KING DR ASPEN. CO 81611 Address: PO BOX 3613 ASPEN, CO 81612 Owner Phone: REP's Phone: (970) 920-1125 Other Referrals: Brush Creek Village Metro District none 2nd Meeting: 3rd Meeting: 09/29/2015 ho no Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: 005-2015 #624771 Admin Determination #: Other Information: VR Approval Date: Plat Recorded Date: 11/13/2015 VR Expires Date: Plat (Bk, PG): B112 P91 #624830 Remarks: Application Type: Activity Envelope DECISIONS RECEPTION* 624771,11/1012015 at 03:51:15 PM, 1 OF 7, R $0.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE PENSCO TRUST COMPANY ACTIVITY ENVELOPE Determination No -2015 RECITALS 1. Pensco Trust Company ("Applicanf') has applied to the Community Development Director of Pitkin County ("Director") to establish an activity envelope for a single family residence. 2. The application has been forwarded to the Hearing Officer for consideration, based on objections received from adjacent property owners Jerome Meister, Joyce Hardy and Jere and Liz Long. 3. The lot contains 2.11 acres and is a nonconforming size lot within the AR -10 zone district. 4. The lot is located on Red Tail Lane, and is described as Lot 2, Block 1, Filing No. 1, Brush Creek Village Subdivision. 5. The subdivision was platted in 1966; therefore, the lot is exempt from Growth Management up to 5,750 square feet, pursuant to Land Use Code Sec. 6-30-100(b). 6. The Community Development Director approved the same activity envelope, pursuant to Administrative Decision No. 49-2008. The Activity Envelope Plan was recorded in Plat Book 87 at Page 64. The vested rights expired on June 5, 2011. 7. The Hearing Officer finds that the proposed activity envelope is consistent with the applicable requirements of the Code, as follows: A. The area on the lot with less than 30% slopes is accessible from Red Tail Lane, but is not large enough to develop the allowable floor area and the associated infrastructure, including a driveway and on-site wastewater disposal system. Therefore, slopes in excess of 30% and up to 45% within the activity envelope may be used for development, pursuant to Sec. 7-20-20(cx2) of the Code. A licensed geologist has confirmed that there are no indications of slope instability. B. The wildfire hazard is rated as severe, and can be mitigated pursuant to the provisions of Sec. 7-20- 60(c) of the Code. C. The lot is within a mapped Mancos shale area, where development is permitted subject to mitigation, pursuant to Sec. 7-20-50(f) of the Code. D. The lot is not within any mapped wildlife habitat areas. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Pensco Trust Company Activity Envelope, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all material representations made during the application process. 2. The conditions of this Determination shall replace and supercede the conditions of Administrative Decision No. 49-2008. 3. Prior to submission of any building or other development permit applications, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7- Determination No.,:5-2015 Page 2 10-50 of the Code. At Site Plan Review, the Activity Envelope may be revised to comply with Sec. 7- 10-50 of the Code. The Activity Envelope shall be large enough to accommodate the proposed principal use of the property and traditional permitted accessory structures, but shall not be significantly larger than the area needed for such structures and associated infrastructure (Sec. 7-10-50(c)). Consideration shall be given to minimizing impacts on surrounding properties (Sec. 7-10-50(b)). The Site Plan Review application shall address the following, in addition to the other requirements specified above: A. Demonstrate compliance with the standards in Sec. 7-20-120.d for development within the Scenic View Protection Area and the rural character guidelines for building location in Sec. 7-20-120.e of the Code. B. Demonstrate that the site can accommodate an on-site wastewater treatment system (OWTS) that complies with the then current OWTS regulations. C. Demonstrate that as much of the floor area as can feasibly be accommodated is placed within the portion of the activity envelope that contains slopes of less than 30%, pursuant to Sec. 7-20- 20(c)(2) of the Code. D. Submit a precise engineer or geologist approved plan for mitigation of development on slopes in excess of 30%. The plan shall show the area of disturbed slope, required regrading and the size and location of mitigation devices (if required). Retaining walls shall comply with the guidelines and standards in Sec. 7-20-20(e) of the Code. E. Submit a soils report that provides specific design and construction stabilization measures to address potential slope instability and swelling rock/soil characteristics on the lot in order to ensure adequate stability of foundations and other improvements. F. Submit a landscaping plan. Landscaping shall be limited to native species that do not require supplemental irrigation. Water features are discouraged; if installed they shall be sealed against leakage and routinely inspected. 4. Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization and recordation. 5. With the building permit applications for the residence, the Applicant shall: A. Provide a letter from the Brush Creek Metropolitan District verifying that the District can serve the lot and that an adequate water supply (in terms of quantity and availability) can be obtained. B. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist for review and approval by the Planning Engineer. C. Submit a construction management plan for review and approval by the Planning Engineer. D. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. E. Complete a fireplace/woodstove permit with the Community Development Department, if necessary. F. Submit a landscape plan and detailed revegetation plan for disturbed areas with appropriate seed mixes. G. Submit a lighting plan. 6. Prior to issuance of a building permit for the residence, the Applicant shall: A. Obtain an access permit for the driveway, which shall be approved by the Planning Engineer. B. Pay the applicable road and employee housing impact fees. C. Obtain an on-site wastewater disposal system permit from the Environmental Health and Natural Resources Department. Determination No. 5--2015 Page 3 No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 8. 5,750 square feet of gross floor area is exempt from growth management without the use of TDRs or growth management allotments for additional floor area. 9. The Applicant shall comply with the following standards for Development in a Severe Wildfire Hazard Area: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): 1) Brush, debris and non -ornamental vegetation shall be removed and not replaced within a minimum 10' perimeter around all structures. 2) Clumps of brush and vegetation up to a 40' perimeter around all structures (or to lot boundaries) shall be a minimum of 2 times the height of the fuel. Maximum diameter of the clumps shall be %z the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. Below the structures, beyond 40' and up to 60' from all structures, thin shrubs to 30% of the original canopy closure, with no clumps being larger than approximately 25' in diameter. 3) All branches from trees and brush within the 40' perimeter shall be pruned to a height of 10' above the ground with removal of ladder fuels from around trees and brush. 4) No more than 3 coniferous trees shall be planted within 30' of all structures. No conifers shall be within 20' of the structures, and no conifers shall be placed below (downslope) of the structures. Tree crown separation shall be a minimum of 20', except for aspen trees, which do not need to have a tree crown separation. 5) All deadfall up to a 100' perimeter (or to lot boundaries) shall be removed. 6) No flammable mulches shall be placed within two (2) feet of a residence. 7) No shrubs or conifers are allowed within 15' of the driveway. Aspen are permitted within 10' of the driveway, but must be pruned to 6' above the ground. 8) Low vegetation (grasses, forbs and low shrubs) shall be kept mowed to less than 6" within 10' of either side of the driveway. 9) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted Building Code. No wood shakes or shingles. All other adopted Building Code compliant methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. Determination No.S-2015 Page 4 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Roof Venting: 1) Soffit venting shall be located in the outer 1/P portion of the overhang. 2) Attic, soffit and other roof venting shall be of non -corrosive metal mesh with maximum 1/4" openings. D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: One hour rated material or any material underlain by 5/8" Type X gypboard or equal, or "Type IV" Heavy Timber materials, per the currently adopted building code. E. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: 1) Construction with noncombustible or one (1) hour rated material, or material with flame spread <25 (tested to ASTM E84 and listed for exterior use), or 2) Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypboard or equal (decking as "a" above), or 3) "Type IV" Heavy Timber materials: joist and beams minimum 6"x10", columns minimum 8"x8", decking minimum 4" in depth, or decking as "a" above; or equivalent log construction, or 4) Enclose projection vertically to ground with one hour fire resistive materials. Decking as "a" above. F. Railings: Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials. G. Exterior of the Structure, Including All Walls: 1) One (1) hour fire resistive rated materials, or 2) 5/8" gypboard underlying combustible materials, or 3) Cement stucco, minimum %" thickness. 4) All glazing to be tempered glazing; and 5) Doors to be metal or wood 1 %" thick minimum. H. Foundations: Foundations, skirting, and crawl space openings shall be fully enclosed and constructed with materials approved for one (1) hour fire -resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. I. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Any outbuilding shall adhere to the same wildfire requirements. 3) Yards shall he 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 Determination No.�5_ -2015 Page 5 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 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) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. 14) Utilities shall be extended underground. 10. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District, including but not limited to access, turning around of fire apparatus, installation of an approved fire sprinkler system and provision of water supply for fire fighting. A fire hydrant is located within 100' of the lot. 11. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Native vegetation shall be maintained outside of the activity envelope. B. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to issuance of a certificate of occupancy. C. Fencing shall comply with the following, except for fencing immediately adjacent to the buildings to contain pets or livestock: 1) Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed 48 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between two of the rails. 2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. 3) Mesh or woven wire fences are prohibited, except when used for protection around isolated trees or clumps of trees. D. Avoid fruit -bearing trees and shrubs in any landscaping. E. Construction workers shall be prohibited from bringing dogs on-site during construction. F. 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. G. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and shall be at least 10' from the ground suspended between 2 trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seeds. Bird feeders should be removed from April through November. Determination No. -2015 Page 6 12. No development including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, well or septic system shall occur outside of the approved activity envelope, except as necessary to comply with the wildfire mitigation measures described above. 13. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the comers of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 14. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within one growing season of the project's completion. 15. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. 16. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 17. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on 2018. Determination No. -2015 Page 7 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TEVIES WEEKLY on the 2nd day of July, 2015. APPROVED AND ADOPTED this �d y of2015. PUBLISHED AFTER ADOPTIO_ N,FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the day of 2015. ATTEST: gsn Ole a1 ISS Bonnie Shiles, Administrative Assistant APPROVED AS TO FORM: PIEV 264321304002 P048-15 /U COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER Date to -g f S APPROVED AS TO CONTENT: ;;�, AA1#&J-R— dy Hou en, Community Development Director STAFF MEMO MEMORANDUM TO: Tom Smith, Pitkin County Hearing Officer FROM: Suzanne Wolff, Senior Planner W RE: Pensco Trust Company Activity Envelope Review DATE: September 29, 2015 REQUEST: The Applicant is requesting approval to establish an Activity Envelope on a vacant lot for a single family residence. The application has been forwarded to the Hearing Officer for consideration, based on objections received from adjacent property owners Jerome Meister, Joyce Hardy and Jere and Liz Long. The letters of objection are attached. APPLICANT: Pensco Trust Company REPRESENTATIVE: Alan Richman LOCATION: Red Tail Lane; Lot 2, Block 6, Filing 1, Brush Creek Village Subdivision ZONING/LOT SIZE: AR -10/2.11 acres BACKGROUND/EXISTING CONDITIONS: The BOCC approved the Brush Creek Village Subdivision plat in 1966; the plat is recorded in Plat Book 3 at Page 62. The Community Development Director approved the same activity envelope, pursuant to Administrative Decision No. 49-2008. The Activity Envelope Plan was recorded in Plat Book 87 at Page 64. The vested rights expired on June 5, 2011. ACTIVITY ENVELOPE REVIEW: Request for Activity Envelope approval must comply with the provisions and policies of Chapter 7. SITE PREPARATION AND GRADING: • Grading: All grading and fill placement will occur within the Activity Envelope. • Clearing, Grubbing and Vegetation Removal: All clearing, grubbing and vegetation removal will occur within the designated Activity Envelope. • Tree Removal and Mitigation: No trees with 6" or larger DBH will be removed. • Protection of Natural Terrain: The Applicant agrees to comply with the standards in the Code to protect the natural terrain and other natural features of the landscape within the Activity Envelope. IJ )B STEEP AND POTENTIALLY UNSTABLE SLOPES: The upper portion of the Activity Envelope is comprised of slopes of less than 30%. An area of slopes of 3045% below this flatter bench is also included in the envelope. Sec. 7-20-20(c)(2) of the Code provides an exception for development on slopes of 3045%, if a parcel contains areas with less than 30% slopes that (a) are accessible by a road or driveway that meets the requirements of the Code, and (b) are not large enough to develop the allowable floor area. The area on the lot with less than 30% slopes is accessible from Red Tail Lane, and is not large enough to develop the allowable floor area and the associated infrastructure, including a driveway and on-site wastewater disposal system. Mr. Meister agrees that it is the intent of the Code to give flexibility when a property is constrained by steep slopes, but questions the need to include the entire area of slopes of 3045% within the envelope. He requests that the size of the envelope be reduced to include less area of slopes of 3045%. Sec. 7-20-20(c)(2) specifies, "...areas containing slopes of less than 30% must be utilized to develop as much of the floor area as can feasibly be accommodated. Areas containing slopes of [3045%] may then be used for development of the remainder of the permitted floor area." The Applicant will be required to demonstrate compliance with this provision at Site Plan Review (refer to condition #2C in the draft Determination). A licensed geologist has confirmed that there are no indications of slope instability and a precise plan for mitigation of development on slopes in excess of 30% will also be required at Site Plan Review (condition #2D). Therefore, staff supports the inclusion of the entire area of slopes of 30-45% within the envelope, subject to further review for compliance with these provisions at Site Plan Review. WATER COURSES AND DRAINAGE: The Applicant commits to adhere to all of the Code provisions pertaining to water courses and drainage, sediment and erosion control, irrigation and groundwater, and to demonstrate compliance at the time of building permit application. GEOLOGIC HAZARDS — MANCOS SHALE: The lot is within a mapped Mancos shale area, where development is permitted subject to mitigation, pursuant to Sec. 7-20-50(f) of the Code. A condition of approval requires the Applicant to submit with the Site Plan Review application a soils report that provides specific design and construction stabilization measures to address potential slope instability and swelling rock/soil characteristics on the lot in order to ensure adequate stability of foundations and other improvements. WILDFIRE: Eric Petterson, wildfire expert, confirmed that the wildfire hazard on the site is severe. Mr. Petterson's recommendations to mitigate the hazard are included in the conditions of approval. WILDLIFE: The lot is not within any mapped wildlife habitat areas. RECOMMENDATION: Staff recommends that the Hearing Officer approve the Pensco Trust Company Activity Envelope, subject to the attached Determination. K A. Jerome Meister B. Joyce Hardy C. Liz and Jere Long D. Photographs of site Application provided separately 3 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE PENSCO TRUST COMPANY ACTIVITY ENVELOPE Determination No. -2015 RECITALS 1. Pensco Trust Company ("Applicant') has applied to the Community Development Director of Pitkin County ("Director") to establish an activity envelope for a single family residence. 2. The application has been forwarded to the Hearing Officer for consideration, based on objections received from adjacent property owners Jerome Meister, Joyce Hardy and Jere and Liz Long. 3. The lot contains 2.11 acres and is a nonconforming size lot within the AR -10 zone district. 4. The lot is located on Red Tail Lane, and is described as Lot 2, Block 1, Filing No. 1, Brush Creek Village Subdivision. 5. The subdivision was platted in 1966; therefore, the lot is exempt from Growth Management up to 5,750 square feet, pursuant to Land Use Code Sec. 6-30-100(b). 6. The Community Development Director approved the same activity envelope, pursuant to Administrative Decision No. 49-2008. The Activity Envelope Plan was recorded in Plat Book 87 at Page 64. The vested rights expired on June 5, 2011. 7. The Hearing Officer finds that the proposed activity envelope is consistent with the applicable requirements of the Code, as follows: A. The area on the lot with less than 30% slopes is accessible from Red Tail Lane, but is not large enough to develop the allowable floor area and the associated infrastructure, including a driveway and on-site wastewater disposal system. Therefore, slopes in excess of 30% and up to 45% within the activity envelope may be used for development, pursuant to Sec. 7-20-20(cx2) of the Code. A licensed geologist has confirmed that there are no indications of slope instability. B. The wildfire hazard is rated as severe, and can be mitigated pursuant to the provisions of Sec. 7-20- 60(c) of the Code. C. The lot is within a mapped Mancos shale area, where development is permitted subject to mitigation, pursuant to Sec. 7-20-50(f) of the Code. D. The lot is not within any mapped wildlife habitat areas. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Pensco Trust Company Activity Envelope, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all material representations made during the application process. 2. The conditions of this Determination shall replace and supercede the conditions of Administrative Decision No. 49-2008. 3. Prior to submission of any building or other development permit applications, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7 - oil Determination No. _-2015 Page 2 10-50 of the Code. The Site Plan Review application shall address the following, in addition to the other requirements specified above: A. Demonstrate compliance with the standards in Sec. 7-20-120.d for development within the Scenic View Protection Area and the rural character guidelines for building location in Sec. 7-20-120.e of the Code. B. Demonstrate that the site can accommodate an on-site wastewater treatment system (OWTS) that complies with the then current OWTS regulations. C. Demonstrate that as much of the floor area as can feasibly be accommodated is placed within the portion of the activity envelope that contains slopes of less than 30%, pursuant to Sec. 7-20- 20(c)(2) of the Code. D. Submit a precise engineer or geologist approved plan for mitigation of development on slopes in excess of 30%. The plan shall show the area of disturbed slope, required regrading and the size and location of mitigation devices (if required). Retaining walls shall comply with the guidelines and standards in Sec. 7-20-20(e) of the Code. E. Submit a soils report that provides specific design and construction stabilization measures to address potential slope instability and swelling rock/soil characteristics on the lot in order to ensure adequate stability of foundations and other improvements. F. Submit a landscaping plan. Landscaping shall be limited to native species that do not require supplemental irrigation. Water features are discouraged; if installed they shall be sealed against leakage and routinely inspected. 4. Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization and recordation. 5. With the building permit applications for the residence, the Applicant shall: A. Provide a letter from the Brush Creek Metropolitan District verifying that the District can serve the lot and that an adequate water supply (in terms of quantity and availability) can be obtained. B. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist for review and approval by the Planning Engineer. C. Submit a construction management plan for review and approval by the Planning Engineer. D. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. E. Complete a freplace/woodstove permit with the Community Development Department, if necessary. F. Submit a landscape plan and detailed revegetation plan for disturbed areas with appropriate seed mixes. G. Submit a lighting plan. 6. Prior to issuance of a building permit for the residence, the Applicant shall: A. Obtain an access permit for the driveway, which shall be approved by the Planning Engineer. B. Pay the applicable road and employee housing impact fees. C. Obtain an on-site wastewater disposal system permit from the Environmental Health and Natural Resources Department. 7. No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from 02 Determination No. _-2015 Page 3 the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 8. 5,750 square feet of gross floor area is exempt from growth management without the use of TDRs or growth management allotments for additional floor area. 9. The Applicant shall comply with the following standards for Development in a Severe Wildfire Hazard Area: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): 1) Brush, debris and non -ornamental vegetation shall be removed and not replaced within a minimum 10' perimeter around all structures. 2) Clumps of brush and vegetation up to a 40' perimeter around all structures (or to lot boundaries) shall be a minimum of 2 times the height of the fuel. Maximum diameter of the clumps shall be %s the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. Below the structures, beyond 40' and up to 60' from all structures, thin shrubs to 30% of the original canopy closure, with no clumps being larger than approximately 25' in diameter. 3) All branches from trees and brush within the 40' perimeter shall be pruned to a height of 10' above the ground with removal of ladder fuels from around trees and brush. 4) No more than 3 coniferous trees shall be planted within 30' of all structures. No conifers shall be within 20' of the structures, and no conifers shall be placed below (downslope) of the structures. Tree crown separation shall be a minimum of 20', except for aspen trees, which do not need to have a tree crown separation. 5) All deadfall up to a 100' perimeter (or to lot boundaries) shall be removed. 6) No flammable mulches shall be placed within two (2) feet of a residence. 7) No shrubs or conifers are allowed within 15' of the driveway. Aspen are permitted within 10' of the driveway, but must be pruned to 6' above the ground. 8) Low vegetation (grasses, forbs and low shrubs) shall be kept mowed to less than 6" within 10' of either side of the driveway. 9) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted Building Code. No wood shakes or shingles. All other adopted Building Code compliant methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the roofline, such as parapets, shall be prohibited. I is Determination No. _-2015 Page 4 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Roof Venting: 1) Soffit venting shall be located in the outer 1/3d portion of the overhang. 2) Attic, soffit and other roof venting shall be of non -corrosive metal mesh with maximum 1/4" openings. D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: One hour rated material or any material underlain by 5/8" Type X gypboard or equal, or "Type IV" Heavy Timber materials, per the currently adopted building code. E. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: 1) Construction with noncombustible or one (1) hour rated material, or material with flame spread <25 (tested to ASTM E84 and listed for exterior use), or 2) Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypboard or equal (decking as "a" above), or 3) "Type IV" Heavy Timber materials: joist and beams minimum 6"x10", columns minimum 8"x8", decking minimum 4" in depth, or decking as "a" above; or equivalent log construction, or 4) Enclose projection vertically to ground with one hour fire resistive materials. Decking as "a" above. F. Railings: Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials. G. Exterior of the Structure, Including All Walls: I ) One (1) hour fire resistive rated materials, or 2) 5/8" gypboard underlying combustible materials, or 3) Cement stucco, minimum %" thickness. 4) All glazing to be tempered glazing; and 5) Doors to be metal or wood 1 %" thick minimum. H. Foundations: Foundations, skirting, and crawl space openings shall be fully enclosed and constructed with materials approved for one (1) hour fire -resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. I. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Any outbuilding shall adhere to the same wildfire requirements. 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. Determination No. _-2015 Page 5 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 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 fie extinguisher. 13) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. 14) Utilities shall be extended underground. 10. The Applicant shall comply with the applicable codes and requirements of the Aspen Fite Protection District, including but not limited to access, turning around of fire apparatus, installation of an approved fire sprinkler system and provision of water supply for fire fighting. A fire hydrant is located within 100' of the lot. 11. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Native vegetation shall be maintained outside of the activity envelope. B. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to issuance of a certificate of occupancy. C. Fencing shall comply with the following, except for fencing immediately adjacent to the buildings to contain pets or livestock: I) Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed 48 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between two of the rails. 2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. 3) Mesh or woven wire fences are prohibited, except when used for protection around isolated trees or clumps of trees. D. Avoid fruit -bearing trees and shrubs in any landscaping. E. Construction workers shall be prohibited from bringing dogs on-site during construction. F. 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. G. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and shall be at least 10' from the ground suspended between 2 trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seeds. Bird feeders should be removed from April through November. 12. No development including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, well or septic system shall occur outside of the approved activity envelope, except as necessary to comply with the wildfire mitigation measures described above. I Determination No. _-2015 Page 6 13. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the comers of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 14. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within one growing season of the project's completion. 15. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. 16. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 17. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on , 2018. 0 Determination No. -2015 Page 7 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 2nd day of July, 2015. APPROVED AND ADOPTED this _ day of 2015. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklv on the day of , 2015. ATTEST: Bonnie Shiles, Administrative Assistant APPROVED AS TO FORM: John Ely, County Attorney PID# 264321304002 P048-15 �U COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO By Thomas Fenton Smith, Hearing Officer Date APPROVED AS TO CONTENT: ;;�, 1A A 10&06 Cindy Hou en, Community Development Director July 31, 2015 Pitkin County Community Development 130 South Galena Street Aspen.CO 81611 &C'JgW(S Re: Pensco Trust Company Activity Envelope Review (Case PO48-15) Dear Sirs: I am writing this letter to offer my comments and objection to the above referenced Activity Envelope Review. In particular, I object to the size of the envelope and specifically the amount of sloped area of 30%-45% grade included in the envelope. This area of grade is steep hillside with heavy foliage of scrub oak and scrub brush designated as severe wildfire hazard. I understand pursuant to Sec 7-20-20 (c) (2) of the Code that it is appropriate to include slopes of 30%-45% within the activity envelope, however I feel it is the intent of the code to give flexibility to allow development onto 30%-45% grade given the constraints of a particular property. But with this said, it does not necessitate including an entire hillside of 30%-45% grade as part of the envelope as this application intends to do. To relate this in a different perspective, the scale of the length of the area of 30%-45% grade included in this envelope application is over 100 feet, more than 1/3 of a football field. This is in addition to the area of the envelope below 30% grade. l sense the code intended for one to have flexibility to design a house but does not open the door to be excessive in the amount of steep hillside to be included in an envelope. In summary, I am objecting to the size of the envelope and the amount of 30%-45% grade area included in the envelope. I feel the size is too large and the envelope should be reduced to reflect less area of 30%- 45% grade. A smaller envelope can still allow for a house design but would also be more environmentally sensitive to the characteristics of the site. Respectively, Jerome Meister, Owner, Lot 3, Block 6, Filing 1, Brush Creek Creek Village 61 Red Tail Lane Aspen, CO 81611 Pitkin County Community Development Department City Hall 130 South Galena Street Aspen, CO 81611 Reference planning application case P048-15 July 29, 2015 Dear Pitkin County Community Development Department; 4 -if , 6 As a property owner bordering Lot 2 Block 6 Filing 1 in the Brush Creek Subdivision I wanted to go on record commenting on the Activity Envelope filed by Pensco Trust Company. I concur with current owners, Liz & Jere Long whose home is across the street at 1560 Medicine Bow Road, that protected view planes are important in Brush Creek. Unfortunately, it is occasionally disregarded and creates a less than harmonious relationship between neighbors. I am assuming that height restrictions have remained at 28' for homes in Pitkin County. By planning a building site that equals the lot location per Jerome Meister at 72 Red Tail Lane view plane problems would be much improved for the Long family. After the lot sale, any home designs would be submitted to the Brush Creek Architectural Review Committee which would hopefully address any subsequent concerns. Thank you for your time. Sincerely, Tfi/ u hl� Joyce Hardy Joyce Hardy • 61 Red Tail Lane . Aspen, CO 81611 USA 970/923-6559 home • 970/920-0751 office 970/379-0328 cell . bugzy@rof,net 0 ,,f -t/ - C Thursday July 23, 2015 Liz & Jere Long 1560 Medicine Bow Road Aspen, CO 81611 Pitkin County Community Development Dept. City Hall: 130 South Galena Street Aspen, CO 81611 Reference planning application Case P048-15 Dear Pitkin County Community Development Department, This letter is regarding the property located on Red Tail Lane described as lot 2 block 6 filing Brush Creek subdivision. Proposed by Pensco Trust company. We write in connection with the above planning project, our house is directly across the street. We understand that at this point they looking for approval forjust an activity envelope but we feel it necessary to point out our concerns at this time of the placement of the structures footprint. Brush Creek is a wonderful place to live, as there are many homes with beautiful mountain views. We do not begrudge anyone the opportunity to develop their land further and make it more profitable for them. Our problem arises when those developments interfere with the value of our property. We are concerned with the height of a 5,000 square foot building on such a small buildable land area. The envelope area is quite long and narrow. We are troubled that in order to fit such a large home on that property, it will be very tall, obstructing our neighbor's & our views: therefore lowering our property values. Also violating the Pitkin County's Ridgeline and Scenic foreground land use code. According to section 7-20-120 Scenic view protection: "....designed to minimize the visual impact of new development (including expansions to existing structures) when viewed from designated road corridors, as well as preserve the rural character of all Rural Areas of the county..... Additional points from the code: • To maintain a natural ridgeline silhouette against the sky and to steer development away from the ridgelines and skylines throughout the county as viewed from public roadway corridors. • To insure that new development is designed and located to complement the natural landscape and the natural features within the public view plane in order to achieve an aesthetically pleasing, rural atmosphere. • To reduce visual damage to the natural landforms and views throughout the county. This size of home would not fit harmoniously within our existing neighborhood. We have spoken with other neighbors, and they also share our concerns. 2 Also we would like to bring to your attention that according to the By Laws of Brush Creek Homeowners Association "...it is strongly recommended that a preliminary design conference be scheduled ... so that members of committee and neighbors can study the siting and height of the structures... to make sure that the proposed structure will fit properly on the site and relate harmoniously to neighboring structures." Plans submitted should include: • Site plan with building footprints, landscaping, access and utilities. • Exterior elevations and building sections showing heights of each part of the building Thank you for taking the time to read and consider our concerns, If this application is to be decided by councilors, please take this as notice as we would like to speak at the meeting of the committee at which this application is expected to be decided. Pleas71etus owas soon as possible the date of the meeting. Yours Sincerely, �v Jere &Liz Long c� 1560 Medicine Bow Road Aspen, CO 81612 970.925.9995 h 917.837.0508 c Q 5 pt-tl y-Ojll-GUD (y n Y r ter_ v, 1 I y l .III 1i 1r5 � 1�l,ILIl1 1 � �I1�' 1 y i{INl1Ypy I - I I 1 I i � 0 n. r � a i � ���^� �•. " � •L �'�"f t`�'i� 5th. APPLICATION MATERIAL PENSCO TRUST COMPANY (STITT) ACTIVITY ENVELOPE PLAN REVIEW SUBMITTED BY ALAN RICHMAN PLANNING SERVICES P.O. BOX 3613 ASPEN, COLORADO 81612 920-1125 )UNE, 2015 000001 cxru(p TABLE OF CONTENTS PAGE Project Description ............................................. 1 A. Application Request ........................................ 1 B. Description of Property and Proposed Activity Envelope ........... 1 II. Standards for Designation of Activity Envelope ...................... 3 A. Site Preparation and Grading ................................. 3 B. Steep and Potentially Unstable Slopes ......................... 4 C. Water Courses and Drainage ................................. 7 D. Geologic Hazards .......................................... 8 E. Wildfire Hazards ........................................... 9 F. Wildlife Habitat Areas ...................................... 15 *0 1:111 &? #1. Warranty and Quit Claim Deeds #2. Letter Authorizing Submission of Application #3. Pre -Application Conference Summary #4. Administrative Determination 49-2008 #5. Geologic Report by Bruce A. Collins, Ph.D. #6. Wildfire Report by Eric Peterson 17;T_-VJ'll. [C Vicinity Map Proposed Activity Envelope Plan PROJECT DESCRIPTION A. Application Request This is an application requesting the designation of an activity envelope for the development of a single-family residence and customary accessory uses. The subject property is legally described as Lot 2, Block 6, Filing No. 1, Brush Creek Village Subdivision, The Parcel ID# for this lot is 264321304002. A vicinity map showing the location of the lot within the subdivision is included within this application. The application is being submitted by Pensco Trust Company, the owner of the property (hereinafter, "the applicant'). Pensco Trust Company holds title to the property on behalf of Ms. Austine Stitt, who has placed the property in her retirement trust account. A legal description and proof of ownership of the property is provided in the Warranty and Quit Claim Deeds, attached hereto as Exhibit #1. The applicant is being represented by Alan Richman Planning Services, Inc. for this application. A letter from the applicant confirming this arrangement is attached as Exhibit #2. A pre -application conference was held with a representative of the Community Development Department. The Pre -Application Conference Summary issued by the staff (see Exhibit #3) states that the review procedures applicable to this proposal are as follows: Designation of an Activity Envelope, pursuant to Land Use Code Section 7-10-50. The applicant also requests that the designated activity envelope be granted vested rights pursuant to Sec. 2-20-170 of the Pitkin County Land Use Code. The Pre -Application Conference Summary lists the following sections of the Pitkin County Land Use Code that should be addressed by the applicant to designate an Activity Envelope: * Section 7-20-10: Site Preparation and Grading * Section 7-20-20: Steep and Potentially Unstable Slopes; * Section 7-20-30: Water Courses and Drainage; * Section 7-20-50: Geologic Hazards (Mancos Shale); * Section 7-20-60: Wildfire Hazard; and * Section 7-20-70: Wildlife Habitat (no mapped habitat). The following sections of this application identify the provisions of the Land Use Code applicable to this procedure and provide responses to the applicable County standards. First, however, a brief description of the property is presented below. B. Description of Property and Proposed Activity Envelope The subject property is an irregularly-shaped lot that is 2.11 acres in size. The lot is zoned AR -10, making it a non -conforming sized lot of record. This Board -approved lot was created in 1966, when the plat for the Brush Creek Village Subdivision was filed in Plat Book 3, Page 62 of the records of the Pitkin County Clerk and Recorder. Pensco Trust Company (Stitt) Activity Envelope Plan Page 1 000003 As shown on the vicinity map, this lot is located along Red Tail Lane, a short cul-de-sac located just off of Medicine Bow Road, towards the top of Brush Creek Village. The lot is vacant, without any significant man-made improvements. A topographic and improvement survey of the lot was prepared in support of this application. The survey shows that this lot drops off below (to the east of) Red Tail Lane. There is a rather narrow, relatively flat bench just below the road, with slopes that are less than 30%. The remainder of the lot is generally steeper, with slopes of 30% to 45% and slopes in excess of 45%. Most of the lot is covered with relatively continuous brushy vegetation. Considering these conditions the applicant has designated an activity envelope within which all development on the property is proposed to occur. The envelope is depicted on the activity envelope plan that is included in this application booklet. It shows that the activity envelope is proposed to encompass virtually all of the flat bench just below the road. Because this bench is not wide enough to allow for development of a house, driveway, and an on-site sewage disposal system, the envelope is also proposed to include an adjacent area with slopes that are in excess of 30%, but less than 45%. A geologic report is included in this application which demonstrates that these steeper slopes are stable and can successfully support the development of a residence. This identical activity envelope was previously designated by the County in 2008. Approval of the envelope was granted pursuant to Administrative Decision No. 49-2008 (see Exhibit #4). The activity envelope plan is recorded in Plat Book 87 @ Page 64. The vested rights associated with this approval expired on June 5, 2011. The applicant wishes to obtain new vested rights for the envelope in order to be able to market the property to potential purchasers. The conformance of the proposed activity envelope with the applicable standards of the Land Use Code is evaluated in the next section of this application. Pensco Trust Company (Stitt) Activity Envelope Plan Page 2 000004 STANDARDS FOR DESIGNATION OF ACTIVITY ENVELOPE Chapter 7 of the Land Use Code establishes the standards related to the quality of development in Pitkin County. Following are the applicant's responses to the applicable standards of that chapter, as specified in the pre -application summary form. A. Site Preparation and Grading (Sec. 7-20-10) (a) Grading and Fill Placement. The applicant agrees that all grading and filling on- site will take place within the activity envelope depicted on the activity envelope plan. (b) Clearing, Grubbing and Vegetation Removal. The applicant agrees that all clearing, grubbing and vegetation removal will take place with the activity envelope depicted on the activity envelope plan. (c) Tree Removal and Mitigation. There are no trees located on this lot that meet the minimum size standards established in this section of the Code. (d) Protection of Natural Terrain. The applicant agrees to follow those design and construction techniques that may be recommended by the County Engineer or the Community Development Director to mitigate any physical or visual damage from the proposed development. This shall include, but not be limited to: ♦ Implementation of a landscape plan using native materials, to be completed no later than the first planting season after construction of the residence; ♦ Removing and saving topsoil prior to any mass grading or excavation, and replacing it following construction to the maximum extent practicable; ♦ Employment of appropriate weed prevention techniques that are consistent with the provisions of the 2006 Revised Pitkin County Weed Management Plan; ♦ Installing utilities within the driveway and avoiding utility cuts along slopes to the extent possible, to minimize damage to the natural environment and scenic quality; and ♦ Following the County's adopted erosion and sedimentation control and stormwater management standards. Pensco Trust Company (Stitt) Activity Envelope Plan Page 3 000005 B. Steep and Potentially Unstable Slopes (Sec. 7-20-20) Section 7-20-20 of the Land Use Code provides standards for development on slopes of 15% to 30%, 30% to 45%, and 45% and greater. A topographic survey of the property has been conducted, providing an analysis of slopes on the property. It shows that there is a narrow, relatively flat bench just below Red Tail Lane, with slopes that are less than 30%. The remainder of the lot is generally steeper, with slopes of 30% to 45% and slopes in excess of 45%. The flat portion of the property ranges in width from approximately 30' wide in its narrower areas to 60' wide in its broader areas. This area of the property is not adequate in size or configuration to accommodate the development of the residence, driveway, and on-site sewage disposal system. A residence of up to 5,750 sq. ft. would be permitted by right on this property. The maximum allowable house size on this parcel is 15,000 sq. ft., if necessary growth management allocations are obtained. If the applicant were to try to design a house of 5,750 sq. ft. or larger that would be located entirely within the flat area, it would need to be sited just below the road and would more than likely be a narrow, unusually long two story house that would project well above Red Tail Lane. This style of development would have a dramatic impact on the houses behind this lot, who have enjoyed unobstructed views towards Independence Pass because the subject lot has been vacant and the neighboring house steps down the hillside and does not project above the road. It would also make the development of this lot more visible from Highway 82 than if the house were to step along the hillside. The applicant does not believe that forcing the house to project above the road is the appropriate development approach for this property. Section 7-20-20 (c) (2) of the Land Use Code contains provisions that address this type of situation. It states that if a parcel contains areas with slopes of less than 30%, but those areas are not large enough to develop the floor area permitted by underlying zoning, then as much of the floor area as can feasibly be accommodated shall be located on the slopes of less than 30%, and the remaining floor area may be located on slopes of 30% to 45%. Development on slopes in excess of 45% is not permitted by this provision. The activity envelope which the applicant proposes would include the slopes of 30% to 45% that are immediately south of the flat bench. Adding these slopes to the flat bench allows an envelope to be drawn that is appropriately shaped to accommodate a residence of the size allowed in the AR -10 zone district. At the time of site plan review, the applicant will demonstrate that as much of the floor area as can feasibly be accommodated has been placed on the flat bench. A likely site plan for the property would place the upper story of the house in the flat area and then step the house down along the slope, as has occurred on many other sites in Brush Creek Village. The applicant would need to determine whether the on-site sewage disposal system can be located on the upper bench (which would likely mean that a system which pumps sewage up from the residence would be utilized). If this proves not to be feasible or practical, then the sewage disposal system would most likely be located below the residence, but would still be within the proposed activity envelope. The standards for review of development on slopes of 30% to 45%, as found in Section 7-20-20 (c) (1) are as follows: Pensco Trust Company (Stitt) Activity Envelope Plan Page 4 000006 (a) An engineer or geologist licensed in the State of Colorado shall be required to demonstrate that the site can be engineered so that there is no hazard posed by the location of development on such slopes. Response: Exhibit #5 is a report prepared by Bruce A. Collins, Ph.D., a licensed geologist. Mr. Collins has prepared a comprehensive analysis of geologic conditions on the site and has made recommendations as to how development on the site should be designed. According to Mr. Collins, there are steep and potentially unstable slopes of greater than 30% on the site. He concludes, however, that: "There are no indications of slope instability. The general topography and slope conditions of the lot are similar to much of the rest of Brush Creek Village and excavation, construction and grading techniques suitable for the site are well known." The specific design measures recommended to address this hazard are described in the response to standard (c), below. Please note that Mr. Collins has also identified the presence of Mancos Shale on the property. Responses to the standards for development in such areas can be found in the section of this application addressing other geologic hazards. (b) To the extent possible, the development shall be designed so as to: avoid adding water to the site that would cause decreased stability, avoid removing the toe of the slope without mechanical support; avoid increasing the weight load on the top of the slope; re -contour disturbed slopes so they can be re -vegetated; avoid steepening of existing slopes. Response: The applicant agrees to comply with these requirements. (c) Any development approved pursuant to this section shall be conditioned upon compliance with the engineer or geologist's recommended mitigation measures. Response: The recommendations contained in the Collins report can be summarized as follows: 1. Sufficient soil testing should be performed to identify any slip planes in the Mancos Shale and to ensure adequate stability of foundations, including anchoring to competent bedrock to the extent necessary. 2. Foundations facing up-slope should be designed and constructed as retaining walls. 3. All excavations and fills for utilities, driveways, landscaping, etc. that are not graded back to at least 3:1 should be mechanically supported. Final grading to 4:1 is strongly encouraged. 4. Excavated materials should be well compacted, graded, and drained to avoid increasing instability. 5. Final landscaping should be limited to native species that do not require supplemental irrigation. Pensco Trust Company (Stitt) Activity Envelope Plan Page 5 000007 6. Water features on and near slopes are discouraged. If such features are installed, they must be sealed against leakage and routinely inspected. The applicant agrees to comply with these recommendations in the development of this lot. (d) A precise engineer or geologist approved mitigation plan shall be required that shows the area of disturbed slope, any re -grading required and the exact size and location of all mitigation devices. Any development approved pursuant to this section shall be conditioned upon compliance with the engineer or geologists recommended mitigation measures. Response: The precise mitigation plan will be submitted at the time of site plan review. Pensco Trust Company (Stitt) Activity Envelope Plan Page 6 000003 C. Water Courses and Drainage (Sec. 7-20-30) (b) Encroachment or Channeling. No encroachment or channeling activities are proposed in any water course. (c) Drainage. The applicant agrees to submit a drainage plan at the time of site plan review demonstrating how the proposed development will comply with the County's stormwater management standards. (d) Groundwater. No activities are proposed that would interfere with groundwater recharge or pollute groundwater. No contaminants will be introduced to groundwater as a result of the proposed development. (e) Irrigated Areas. There are no irrigated areas on the property that would be affected by the proposed development. No impacts on irrigation practices will occur. (f) Irrigation Ditches. The will be no impacts to irrigation ditches as a result of the proposed development. (g) Sedimentation. The applicant agrees to submit an erosion control plan at the time of site plan review, demonstrating how the proposed development will comply with the County's standards for controlling sedimentation. (h) Water Quality. The proposed development will be in compliance with the County's adopted stream setbacks. The applicant agrees to comply with any federal or state statutes concerning the protection or enhancement of water quality that apply to the proposed development. (i) Efficient Water Use. The applicant will comply with this standard. Pensco Trust Company (Stitt) Activity Envelope Plan Page 7 000009 D. Geologic Hazards (Sec. 7-20-50) According to the County's geologic hazard maps, Mancos Shale is mapped as shallow bedrock beneath the property. Pitkin County permits development activities to occur within a Mancos Shale area if they comply with the following standards: (1) Include design and construction stabilization and maintenance measures approved by a qualified professional geologist or engineer (licensed in the State of Colorado). (2) Are based on an evaluation of the development's effect on slope stability and shrink -swell properties. Response: The geologic report prepared by Bruce A. Collins (see Exhibit #5) recognizes the need for site specific soil testing to be accomplished to fully assess the sub -surface conditions on the site, including the shrink -swell characteristics, and to recommend specific design and construction stabilization measures for foundations, utilities and other improvements. The applicant agrees to submit a soils report at the time of site plan review that specifies the recommended design and construction stabilization measures and to comply with the recommendations contained in that report. (3) Are designed to provide adequate surface drainage. (4) Avoid concentrated runoff from impervious surfaces into natural drainages unless it is demonstrated that there will be no adverse effects. Response: The applicant agrees to provide for adequate surface drainage and to avoid concentrating runoff into natural drainages. As stated above, a drainage plan will be submitted at the time of site plan review demonstrating how the proposed development will comply with the County's stormwater management standards. Pensco Trust Company (Stitt) Activity Envelope Plan Page 8 000010 E. Wildfire Hazards (Sec. 7-20-60) During the pre-application conference with staff, the applicant was informed that the County's wildfire hazard maps designate this site as being in a wildfire hazard area. A site visit was conducted with Eric Petterson, one of the County's designated wildfire experts. The purpose of the site visit was to evaluate the wildfire hazard present on the property and to identify the appropriate mitigation strategy for its development. A letter from Mr. Petterson summarizing his conclusions from this site visit and providing his recommendations for wildfire mitigation is included as Exhibit #6. Based on his site visit, Mr. Petterson has confirmed that the proposed building envelope is located in an area that is subject to a high (severe) degree of wildfire hazard due to the fact that slopes on the property are generally greater than 20% and there are continuous, brushy fuels on the property. The mitigation standards for development in wildfire hazard areas are found in Section 7-20-60 of the Land Use Code. Following are the applicant's responses to these standards. (1) Defensible Space (a) Brush, debris, and non-omamental vegetation shall be removed within a minimum ten (10) foot perimeter around the structure. Response: The applicant will comply with this requirement. (b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a thirty (30) foot perimeter around a structure built on flat ground. Response: Due to the slopes on the property, Mr. Petterson has recommended that the vegetation reduction be extended up to a 40' perimeter and to a 60' perimeter below the structure, unless limited by lot boundaries. The applicant will comply with this recommendation. (c) Spacing between clumps of brush and vegetation within 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 two (2) times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. Response: The applicant will comply with this requirement within the recommended extended perimeter. (d) All branches from trees and brush within the thirty (30) foot perimeters shall be pruned to a height of 10 feet (10) above the ground, and removal of ladder fuels from around trees and brush. Response: The applicant will comply with this requirement within the recommended extended perimeter. (e) 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 Pensco Trust Company (Stitt) Activity Envelope Plan Page 9 000011 Aspen trees where ladder fuels have been removed. In areas of Aspen re- generation, understory shrubs and down and dead materials shall be removed. Response: There are no existing trees on the property. However, the applicant will comply with this requirement as it may apply to any new trees that are planted on the property. (1) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of the chimneys shall be removed. Response: The applicant will comply with this requirement. (g) 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. Response: Mr. Petterson has not recommended that this standard apply to this property. (h) All deadfall up to a one hundred (100) foot perimeter shall be removed. Response: The applicant will comply with this requirement. (i) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. Response: The applicant will comply with this requirement. Q) No new conifer trees shall be planted within ten (10) feet of a residence. Response: Mr. Petterson recommends increasing the separation distance to 20' and limiting the number of conifer trees in this area to just 3. He also recommends that no conifer trees be planted below the residence. The applicant will comply with these recommendations. (k) No flammable mulches shall be placed within two (2) feet of a residence. Response: The applicant will comply with this requirement. 2. Access (a) Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provide by the Colorado State Forest Service, the Sheriffs Department, local fire protection districts, and/or a person approved by the County as an expert in wildfire areas and mitigation. Where feasible, looped routes of access/egress to a public road shall be incorporated in the design of a proposed development. Looped routes of access/egress is defined as two (2) or more dedicated access roads to the main artery/highway for widely separated ingress/egress; looped drives with one entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Community Development Department may approve vehicle turnaround areas a maximum of seven hundred -fifty feet (750) apart, installed between the road intersection and its terminus. Turnaround areas shall be the same standard as cul-de-sac turnaround pads; these may be incorporated in the proposed driveway entries. Pensco Trust Company (Stitt) Activity Envelope Plan Page 10 000012 Response: At the time of site plan review, a driveway design will be proposed that conforms with County road standards. (b) New dead-end streets (no cul-de-sacs) shall not be permitted, except for cul-de- sacs and other turnarounds accepted by the applicable local fire district. Response: No new streets are proposed. (c) Cul-de-sac turnaround pads shall have a minimum of a thirty foot (30) drivable surface inside turning radius, or a hammerhead or other T -turn area acceptable to the applicable local fire district. Response: The applicant will consult with the Aspen Fire Protection District prior to site plan review. A fire truck turn around area that complies with AFPD standards will be accommodated within the activity envelope. (d) New driveways and access roadways shall enter the roadway at a ninety (90) degree angle for the first twenty-five feet (25) of the driveway. Response: The driveway will be designed to comply with this standard. At least two potential areas for a driveway intersection have been incorporated within the proposed activity envelope. (e) Fuel breaks, as recommended by a wildfire expert approved by the County, may be incorporated into the design of access roads or driveways. Response: This is not a subdivision application. 8. Water Supply for Fire Safety (a) When access to a public or private pressurized water system is not available, or if it is necessary to augment the fire protection water systems, private ponds may be used if approved by the Community Development Department and the Fire District. Response: Brush Creek Village is served by a public pressurized water system. A fire hydrant is located within 100' of the lot, along Medicine Bow Road. (b) Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a Fire Department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district, with a minimum of one thousand (1,000) gallon storage capacity per structure. Response: The applicant will comply with the applicable requirements of the AFPD. (c) Regardless of size, all structures where humans congregate regularly (including detached garages and horse bams) that are located within areas identified as containing "C - Severe Hazard: Trees" or 'X - Severe Hazard: Brush" wildfire hazard shall be required to install in-house sprinkler systems which meet the standards of the local fire protection district and the adopted building code. Response: The applicant will comply with this requirement. Pensco Trust Company (Stitt) Activity Envelope Plan Page 11 000013 (d) All structures greater than five thousand (5,000) square feet in size shall be required to install in-house sprinkler systems that meet the standards of the local fire protection district and the adopted building code. At building permit submittal, the local fire protection district may require smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of proximity to fire protection services. Response: The applicant will comply with this requirement. 4. Roofing Materials and Projections At And Below Roof Line (a) Low Hazard Area (b) Medium Hazard Area. Response: Not applicable. (c) Severe Hazard Area 1. Roofing Materials: a. Any new roofs shall be constructed with non-combustible covering (see IBC Section 1505.2) b. No wood shakes or shingles. Response: The applicant will comply with these requirements. 2. Roof Venting: a. Soffit venting shall be located in the outer 1/3 portion of the overhang. b. Attic, soffit and other roof venting shall be of non-corrosive metal mesh with maximum 1/4" openings. Response: The applicant will comply with these requirements. 3. Projections at the Roofline, Including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: a. One hour rated material or any material underlain by 5/8" Type X gypboard or equal, or b. Type IV Heavy Timber materials, per the currently adopted building code. Response: The applicant will comply with these requirements. 4. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: Pensco Trust Company (Stitt) Activity Envelope Plan Page 12 000014 a. Construction with noncombustible or one (1) hour rated material, or material with flame spread <25 (tested to ASTM E84 and listed for exterior use), or b. Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypboard or equal (decking as in "a" above), or C. Type IV Heavy Timber materials, joist and beams minimum 6" x 10", columns minimum 8" x 8", decking minimum 4" in depth, or decking as in "a" above, or equivalent log construction, or d. Enclose projection vertically to ground with one hour fire resistive materials. Decking as in "a" above. Response: The applicant will comply with these requirements. 5. Railings. Railings must be constructed of noncombustible or 'Type IV" Heavy Timber materials. Response: The applicant will comply with these requirements. 6. Exterior of the Structure, Including All Walls a. One (1) hour fire resistive materials, or b. Cement stucco, minimum 3/4" thickness. C. All glazing to be tempered glazing; and d. Doors to be metal or wood 1314 " thick minimum. Response: The applicant will comply with these requirements. 7. Foundations. Foundations, skirting and crawl space openings shall be fully enclosed and constructed with materials approved for one (1) hour fire -resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. Response: The applicant will comply with these requirements. (d) All Hazard Areas. Roofs with less than a 3:12 pitch are not permitted in low, medium, or severe wildfire areas unless they comply with the following: 1. All roofs coverings shall be constructed of non-combustible materials and installed on a Class A assembly. 2. All roof coverings shall have a surface that shall facilitates the natural process of clearing the roof. 3. Protrusions above the roofline, such as parapets, shall be prohibited. Pensco Trust Company (Stitt) Activity Envelope Plan Page 13 000015 4. Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. Response: The applicant will comply with these requirements. 5. Maintenance and Miscellaneous Requirements (a) Roofs and Gutters shall be kept clear of debris. (b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one- fourth inch (1/4') maximum. (c) Yards shall be kept clear of all litter, slash, and flammable materials. (d) All flammable materials shall be stored on a parallel contour a minimum of fifteen feet (15) away from the structure. (e) Weeds and grasses within the ten foot (10) perimeter shall be maintained to a height of not more than six inches (6'). (f) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen feet (15) away from the structure. (g) Swimming pools and ponds shall be accessible by the local fire district. (h) Fences shall be kept clear of brush and debris. (i) Wood fences shall not connect to the structure. 6) Fuel tanks shall be installed underground with an approved container. (k) 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 mitigation around any above -ground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire - resistive construction on the exterior of the walls. (1) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. (m) Addresses shall be clearly marked with two inch (2') 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. (n) Additional recommendations from the Colorado State Forest Service, the Pitkin County Sheriffs Department, and the local fire protection district may be incorporated into any conditions of approval as necessary to mitigate wildfire hazards. Response: The applicant will comply with all of these requirements. Pensco Trust Company (Stitt) Activity Envelope Plan Page 14 000016 F. Wildlife Habitat Areas (Sec. 7-20-70) Although the property is not located within any mapped habitat area, the applicant has been asked to address the general standards of the Land Use Code for wildlife habitat areas. Section 7-20-70 (c) of the Code establishes the County's land use standards for wildlife habitat areas. Following are the applicant's responses to these standards. 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 benefitting 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. Response: The applicant will submit a landscape plan at the time of site plan review that describes the vegetation that will be planted to compensate for the vegetation that must be removed to allow for development of the property. 2. Manipulation of vegetation outside of the Activity Envelope is prohibited. Response: The applicant will comply with this requirement. 3. Mesh or woven wire fences are prohibited outside of the Activity Envelope. Response: The applicant will comply with this requirement. 4. Wood rail fencing shall employ three rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level and 12 inches in width (top view) and shall have at least eighteen (18) inches between two of the rails. Response: The applicant will comply with this requirement. 5. Wire fencing must be three strand or less. The top wire shall be 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. Response: The applicant will comply with this requirement. 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 or perching habitats. Response: There are no such trees present on this property. 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. Response: No fruit bearing trees or shrubs will be planted on this property. Pensco Trust Company (Stitt) Activity Envelope Plan Page 15 000017 8. Development shall be clustered to the maximum extent possible to minimize impacts on wildlife. Response: The development consists of a single residence. Clustering is not applicable. 9. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. Response: The applicant will comply with this requirement if so requested. 10. Trash/garbage shall be kept in an approved bear resistant container or enclosure. Response: The applicant will comply with this requirement. 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 seeds. 12. Horse grains, pellets, and cookies shall be stored in bear resistant containers or enclosure. 13. Pet food shall not be left outside. Response: The applicant will comply with each of these requirements. Pensco Trust Company (Stitt) Activity Envelope Plan Page 16 000018 EXHIBITS 000019 EXHIBIT #1 3/.00 WARRANTY DEED THIS DEED, made this 31 day of MARCH 1995, between CAROLYN FORNELL IS UO m• OF THE COUNTY OF STATE OF FL o M GRANTOR, WHITE PLAINS RADIOLOGY ASSOC. P.C., RETIREMENT TRUST DATED 7-5-85 9 GRANTEE FED HLS 0 Wwhose legal address is ¢ r 1450 SILVER KING DR, ASPEN, CO, 81611 COUNTY OF PITKIN, STATE OF CO WITNESSETH, That for and in consideration of the Bum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and CUM conveyed, and by these presents does grant, bargain, sell and convey and W confirm unto the grantee, his heirs and assigns forever, all the real (1 ¢ property together with improvements, if any, situate and lying and being in U the City of ASPEN, County of PITKIN, State of COLORADO, described W as follows: ' i N LOT 2, BLOCK 6, BRUSH CREEK VILLAGE SUBDIVISION, FILING NO. 1, COUNTY OF y PITKIN, STATE OF COLORADO. a: m W Y] J •• U P 9 TOGETHER with all and singular the hereditaments and appurtenances mZ thereto belonging, or in anywise appertaining, and the reversion and N 0 reversions, remainders, rents, issues and profits thereof, and all the U estate, right, title, interest, claim and demand whatsoever of the grantor NZ either in law or a uit M .. q y, of, in and to the above bargained premises, with (YJ ^ g y the hereditaments and appurtenances. f \' W 11 TO HAVE AND TO HOLD the said premises above bargained and described, ,t with the appurtenances, unto the grantee, his heirs and assigns forever. .1 And the Grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and I. assigns, that at the time of the ensealing delivery of the presents, he is .N. well seized of the premises above conveyed, has good, sure, perfect, I absolute and indefeasible estate of inheritance, in law, in fee simple, W ¢ and has good right, full power and lawful authority to grant, bargain, 0 Bell and convey the same in manner and form as aforesaid, and that the v^ 6 ¢ same are free and clear from all former and other grants, bargains, sales, ( 7\_ lien., taxes, assessments, encumbrances and restrictions of whatever kind .J. or nature soever, except those matters as set forth on Exhibit "A" attached A N hereto and incorporated herein by reference. ' The grantor shall and will WARRANT AND FOREVER DBFBND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. Cc ,r CAROLYN FORNE STATE OF Fiov1d(A ) COUNTY OF ,µ3ih- ) es. The foregoing instrument was acknowledged before me this day of 19 q5 , by CAROLYN FORNELL WITNESS my hand and official seal )v` my commission expires: Notary Public Twcy M Re.kr[�ML NOTARYe STACY M REED NOTARY PUBLIC SPATE OF FIARRLI COMMMION NO. CG9 %I 73 MYCOMA45SION IXP. LY819G1 O 0002o 380170 Transfer Declaration Received 03/31/95 EXHIBIT "A" 1. Taxes for the year 1995 not yet due or payable. 2. Reservations and exceptions as contained in united States patent recorded April 17, 1937 in Book 162 at Page 549 as follows: Right of way for ditches or canals constructed by the authority of the United States and excepting and reserving to the united States all the coal and other minerals in lands so entered and patented, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of Act of December 29, 1916. 3• An undivided one-half of all minerals in subject property as reserved by Robert M. Burlingame, in Deed recorded August 26, 1959 in Book 188 at Page 390, and in Deed recorded December 10, 1965 in Book 217 at Page 352, said Robert M. Burlingame relinquishes any right to enter upon the surface of subject property. 4. Protective Covenants affecting the subject property recorded January 19, 1966 in Book 218 at Page 206, and First Amendment thereto, recorded October 20, 1972 in Book 267 at Page 975, and February 22, 1979 in Book 363 at Page 717. 5. Terms, conditions, obligations and provisions as set forth in By -Laws of Brush Creek Landowners Association, Inc., recorded November 17, 1975 in Book 305 at Page 483 and as set forth in Articles of Incorporation of Brush Creek Landowners Association, Inc., recorded November 17, 1975 in Book 305 at Page 492. 6. Terms, conditionis and limitations of a Distributor's Contract providing for service of water to subject property recorded August s, 1967 in Book 228 at Page 269. 7. Terms and conditions as set forth in Order and Decree creating a district for the organization of Brush Creek Village Water District, as set forth in instrument recorded in Book 602 at Page 204 and Order correcting boundary recorded in Book 616 at Page 898, 566, Book 623 at Page 589 and and contions of Quit Claim Book 618 at Page terms and di Deed between Albert C. Droste and Mary E. Droste to Brush Creek Village Water District in instrument recorded in Book 645 at Page 986 and in Agreement recorded in Book 647 at Page 848 and re-recorded in Book 651 at Page 545. Easements, rights of way and all matters as disclosed on Plat of subject property recorded June 19, 1966 in Plat Book 3 at Page 62 and as Amended September 27, 1977 in Plat Book 6 at Page 31. 380170 B-777 P-483 03/31/95 09:54A GG 2 OF 2 00002 RECEPTION#: 594758, 12/12/2012 at 01:52:31 PM, 1 OF 2, R $16.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO Above Reserved for Recording Purposes-------.---. Prepared By and After Recording Return to: Send Tax Statements to Grantee (Name and Address): Name: Jennifer Vial endo PENSCO Trust Company FBO Austin Stitt. PENSCO Trust Company ROTH PO Box 173859 PO Box 173859 Denver, CO 80217 Denver, CO 80217 NAME CHANGE ONLY -No transfer tax QUIT CLAIM DEED THIS DEED, made this Thursday, December 06, 2012 between the Grantor, NTC & Co. FRO Austin Stitt IRA Rollover, whose address is PO Box 173859, Denver, CO 80217, the Grantee: PENSCO Trust Company FRO Austine Stitt ROTH, whose address is PO Box 173859, Denver, CO 80217. WITNESS, that the Grantor, for and in consideration of the sum of $10 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado described as follows: Lot 2, Black 6, Brusb Creek Village Subdivision, Filing No. 1 TOGETHER with all and singular hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the said grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said Grantees, Grantee's heirs and assigns forever. And the said Grantor, for Grantor, Grantor's heirs, and personal representatives, does covenant, grant bargain and agree to and with the Grantees, Grantee's heirs and assigns, that at the time of the ensealing and delivery of these presents, is well seized of the premises above conveyed, has good, sure, perfect, absolute indefeasible estate if inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of any kind or nature whatsoever, except any easements, restrictions, covenants, zoning ordinances and rights-of-way of record and property taxes accruing subsequent to , a lien not yet due and payable. =14 RECEPTION#: 594758, 12/12/2012 at 01:52:31 Pi 2 OF 2, Janice K. Voa Caudill, Pitkin County, CO The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, Grantee's heirs, and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular shall include the plural, the plural shall include the Singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. Doeumeotery TreaaIs, Tax le $0.00 Grantor(s) and Crantee(s) In this conveyance ere Au[ orized Sign r Comprised afthe some parties, who continue to hold NT & Co. FBO AUatine Stitt IRA Rollover the ume proportionate Internal to the properly. Send TU Statement to Greaten Jennifer Vialpando Print or Type Name STATE OF COLORADO COUNTY OF DENVER On December 6, 2012 before me, Karla DeGuzman, a Notary Public, personally appeared Jennifer Vialpando, Authorized Signer for NTC & Co., personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. KALAR DE GUZMAN Nota y Pabbe NOTARY PUBLIC, STATE OF COLORADO My Commission Expires: MY COMM. EXPIRES 04/0*2016 Print Name: Karla DeGuzman 000023 EXHIBIT #2 Mr. Michael Kraemer Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: PENSCO TRUST COMPANY (STITT) ACTIVITY ENVELOPE APPLICATION Dear Mr. Kraemer, I am the owner of a vacant parcel of land located along Red Tail Road in unincorporated Pitkin County, legally described as Block 6, Lot 2, Filing 1, Brush Creek Village. I have placed the property into a retirement trust account with Pensco Trust Company, which explains the designation of that entity as the property owner. I hereby authorize Alan Richman Planning Services, Inc. to act as my designated representative with respect to the land use application we have prepared for said property. Mr. Richman is authorized to submit an application to re -designate the activity envelope that was previously approved for this property in 2008 and to obtain vested rights for said designation. He is also authorized to represent me in meetings with Pitkin County staff and the County's review bodies. Should you have any need to contact me during the course of your review of this application please do so through Alan Richman Planning Services, Inc., whose address and telephone number are included in the land use application. Sincerely, a4�� 4, lt�� Austine Stitt Pensco Trust Company 1450 Silver King Drive Aspen, CO 81611 000024 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Pensco Trust Company (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Activity Envelope Review (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $3,304 which is based on 10 hours of staff time. 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 PenWuTrust Company,,u)stine Sti Cindy Houben Community Development Director Signature Date: Mail i Address: 1450 Silver King Drive Aspen, CO 81611 000025 EXHIBIT #3 PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY LOCATION: Lot 2, Block 6, Filing 1, Brush Creek Village Subdivision t� PID# 264321304002 4,a ZONING: AR -10 SIZE: 2.2 acres `Q> OWNER: Pensco Trust Company REPRESENTATIVE: Alan Richman PHONE & EMAIL: 920-1125, arichman@sopris.net DATE: June 10, 2015 PLANNED rs a "L" `� Type of Application: Activity Envelope Review Description of Project/Development: The Applicant is requesting approval for an Activity Envelope Review with vested rights. Site Plan review is not requested at this time. Land Use Code Sections to be addressed in letter of request (application): Sec. 7-10-50: Activity Envelope Sec. 7-20-10: Site Preparation and Grading; Sec. 7-20-20: Slopes; Sec. 7-20-60: Wildfire (Lot mapped severe) Sec. 7-20-70: Wildlife (Lot not mapped, general standards) Sec. 7-20-130: Landscaping and Vegetation Protection Staff will refer the application to the following agencies: Brush Creek Village Metro District 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: $3,304.00 (Please make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $3,250 (non-refundable; based on 10 hours of staff time. If staff review time exceeds 12 hours, the Applicant will be charged for additional time above 10 hours at a rate of $312/hour). o Public Notice Fee: $54 To apply, submit one unbound, single sided copy of the following with no pages larger than 11" x 17" and one set of large Activity Envelope plans at 24"06": 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 as designated in Sections 2.1.1 of the Pitkin County Land Use Application Manual; 3. Copies of all resolutions, ordinances and approvals including any recorded drawings; 4. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use Application Manual; 5. Parcel description, including legal description and 8-1/2" x 11" vicinity map locating the subject property within Pitkin County; 6. Consent from owner to process application and authorizing the representative; 00002) 7. Total fee for review of the application; 8. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Feeq 9. A copy of this Pre -application Conference Summary form. 10. List of property and mineral estate owners within 300' of the subject property. NOTES: ➢ PLEASE SUBMIT ONE UNBOUND, SINGLE SIDED COPY OF YOUR COMPLETE APPLICATION. THIS COPY SHOULD HAVE NO DOCUMENTS LARGER THAN 11 "X17" ALONG WITHA COMPLETE SET OF 24"X 36" MAPS. ➢ THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION ➢ ALL MAPS SHALL BE FOLDED ➢ The Land Use Code and Land Use Application manual is available on-line at http://www. aspenpilkin. coin/Departments/Community-Development-Pitkin-County/Planning-and- Zoninp/Land--Use/ ➢ 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 staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 000021 EXHIBIT #4 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE STrITACTIVITY ENVELOPE Administrative Decision No. 149 RECITALS 1. NTC & Co. FBO Austin Stitt IIIA Rollover ("Applicant') has applied to the Community Development Director of Pitkin County ("Director") to establish an activity envelope for a single family residence. 2. The lot contains 2.11 acres and is a nonconforming size lot within the AR -10 zone district. 3. The lot is located on Red Tail Lane, and is described as Lot 2, Block 1, Filing No. 1, Brush Creek Village Subdivision. 4. The subdivision was platted in 1966; therefore, the lot is exempt from Growth Management up to 5,750 square feet, pursuant to Land Use Code Sec. 6-30-100(b). 5. The Director finds that the proposed activity envelope is consistent with the applicable requirements of the Code, as follows: A. The area on the lot with less than 30°/u slopes is not large enough to develop the allowable floor area and the associated infrastructure, including a driveway and on-site wastewater disposal system; therefore, it is appropriate to includes slopes in excess of 30% and up to 45% within the activity envelope, pursuant to Sec. 7-20-20(cX2) of the Code. A licensed geologist has confirmed that there are no indications of slope instability. B. The wildfire hazard is rated as severe, and can be mitigated pursuant to the provisions of Sec. 7-20- 60(c) of the Code. C. The lot is within a mapped Mancos shale area, where development is permitted subject to mitigation, pursuant to Sec. 7-20-50(f) of the Code. D. The lot is not within any mapped wildlife habitat areas. APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all material representations made during the application process. 2. Prior to submission of any building or other development permit applications, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7- 10-50 of the Code. The Site Plan Review application shall address the following, in addition to the other requirements specified above: A. Demonstrate compliance with the standards in Sec. 7-20-120.d for development within the Scenic View Protection Area and the rural character guidelines for building location in Sec, 7-20-120.e of the Code. B. Demonstrate that the site can accommodate an on-site wastewater treatment system (OWTS) that complies with the then current OWTS regulations. C. Demonstrate that as much of the floor area as can feasibly be accommodated is placed within the portion of the activity envelope that contains slopes of less than 30%, pursuant to Sec. 7-20- 20(c)(2) of the Code. RECEPTIONM 550094, 06/06/2008 at 12:58:25 PM, I of 6, R $0.00 Doc Code ADMIN DECISION 000023 Janice K. Vos Caudill, Pitkin County, CO Administrative Decision No.ld-2008 Page 2 D. Submit a precise engineer or geologist approved plan for mitigation of development on slopes in excess of 30%. The plan shall show the area of disturbed slope, required regrading and the size and location of mitigation devices (if required). Retaining walls shall comply with the guidelines and standards in Sec. 7-20-20(e) of the Code. E. Submit a soils report that provides specific design and construction stabilization measures to address potential slope instability and swelling rock/soil characteristics on the lot in order to ensure adequate stability of foundations and other improvements. F. Submit a landscaping plan. Landscaping shall be limited to native species that do not require supplemental irrigation. Water features are discouraged; if installed they shall be sealed against leakage and routinely inspected. 3. Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization and recordation. 4. Prior to issuance of a building permit for the residence, the Applicant shall: A. Provide a letter from the Brush Creek Metropolitan District verifying that the District can serve the lot and that an adequate water supply (in terms of quantity and availability) can be obtained. B. Obtain an access permit for the driveway, which shall be approved by the Planning Engineer. C. Obtain a fireplacelwoodstove permit from the Community Development Department, if necessary. D. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist for review and approval by the Planning Engineer. E. Pay the applicable road and employee housing impact fees. F. Obtain an on-site wastewater disposal system permit from the Environmental Health and Natural Resources Department. G. Submit a construction management plan for review and approval by the Planning Engineer. H. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 6. 5,750 square feet of gross floor area is exempt from growth management without the use of TDRs or growth management allotments for additional floor area. 7. The Applicant shall comply with the following standards for Development in a Severe Wildfire Hazard Area: 000029 Administrative Decision No. ff-2008 Page 3 A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): I ) Brush, debris and non -ornamental vegetation shall be removed and not replaced within a minimum 10' perimeter around all structures. 2) Clumps of brush and vegetation up to a 40' perimeter around all structures (or to lot boundaries) shall be a minimum of 2 times the height of the fuel. Maximum diameter of the clumps shall be % the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. Below the structures, beyond 40' and up to 60' from all structures, thin shrubs to 30% of the original canopy closure, with no clumps being larger than approximately 25' in diameter. 3) All branches from trees and brush within the 40' perimeter shall be pruned to a height of 10' above the ground with removal of ladder fuels from around trees and brush. 4) No more than 3 coniferous trees shall be planted within 30' of all structures. No conifers shall be within 20' of the structures, and no conifers shall be placed below (downslope) of the structures. Tree crown separation shall be a minimum of 20', except for aspen trees, which do not need to have a tree crown separation. 5) All deadfall up to a 100' perimeter (or to lot boundaries) shall be removed. 6) No flammable mulches shall be placed within two (2) feet of a residence. 7) No shrubs or conifers are allowed within 15' of the driveway. Aspen are permitted within 10' of the driveway, but must be pruned to 6' above the ground. 8) Low vegetation (grasses, forbs and low shrubs) shall be kept mowed to less than 6" within 10' of either side of the driveway. 9) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted Building Code. No wood shakes or shingles. All other adopted Building Code compliant methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Roof Venting: 1) Soffit venting shall be located in the outer 113rd portion of the overhang. 2) Attic, soffit and other roof venting shall be of non -corrosive metal mesh with maximum '/." openings. 000030 Administrative Decision No. q-1008 Page 4 D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: One hour rated material or any material underlain by 5/8" Type X gypboard or equal, or "Type IV" Heavy Timber materials, per the currently adopted building code. E. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: 1) Construction with noncombustible or one (1) hour rated material, or material with flame spread <25 (tested to ASTM E84 and listed for exterior use), or 2) Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypboard or equal (decking as "a" above), or 3) "Type IV" Heavy Timber materials: joist and beams minimum 6"x10", columns minimum 8"x8", decking minimum 4" in depth, or decking as "a" above; or equivalent log construction, or 4) Enclose projection vertically to ground with one hour fire resistive materials. Decking as "a" above. F. Railings: Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials. G. Exterior of the Structure, Including All Walls: 1) One (1) hour fire resistive rated materials, or 2) 5/8" gypboard underlying combustible materials, or 3) Cement stucco, minimum'/d'thickness. 4) All glazing to be tempered glazing; and 5) Doors to be metal or wood 1 %" thick minimum. H. Foundations: Foundations, skirting, and crawl space openings shall be fully enclosed and constructed with materials approved for one (1) hour fire -resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. I. Maintenance and Miscellaneous Requirements I ) Roofs and gutters shall be kept clear of debris. 2) Any outbuilding shall adhere to the same wildfire requirements. 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. 1 l) 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 he constructed with materials approved for two (2) hour fire -resistive construction on the exterior side of the 000031 Administrative Decision No. _1_-2008 Page 5 walls. 12) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 13) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. 14) Utilities shall be extended underground. S. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District, including but not limited to access, turning around of fire apparatus, installation of an approved fire sprinkler system and provision of water supply for fire fighting, A fire hydrant is located within 100' of the lot. 4. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Native vegetation shall be maintained outside of the activity envelope. B. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to issuance of a certificate of occupancy, C. Fencing shall comply with the following, except for fencing immediately adjacent to the buildings to contain pets or livestock: 1) Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed 48 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between two of the rails. 2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. 3) All non -conforming fencing on the property must be brought into compliance. D. Avoid fruit -bearing trees and shrubs in any landscaping. E. Construction workers shall be prohibited from bringing dogs on-site during construction. 10. No development including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, well or septic system shall occur outside of the approved activity envelope, except as necessary to comply with the wildfire mitigation measures described above. 11. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 12. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within one growing season of the project's completion. 13. 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. 14. 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. 000032 Administrative Decision No. YI 2008 Page 6 15. 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 Jiro- 5 2011. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 16' day of March, 2008. APPROVED by the Director, this day of ' Q, 2008. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asuen Times Weekly on the _a day of 9(tr72 ,, 2008. AL Cindy Houben, Community Development Director PID# 264321304002 P028-08 000033 A A 00 A w 06 06 06 06 w W` A 06 06 06 016 06 106 06 06 06 06 rw 06 06 06 906 06 106 06 06 w 06 106 04 06 06 i BRUCE A. COLLINS, PH.D. GEOLOGICAL AND NATURAL RESOURCE CONSULTANTS P.O. Box 23 • 1116 MINEOTA DRIVE SILT, COLORADO 81652 PHONE/FAx (970) 876-5400 bacol@rof.net Alan Richman Planning Services P.O. Box 3613 Aspen, CO 81612 Dear Mr. Richman: EXHIBIT #5 ENVIRONMENTAL, EXPLORATION, AND MINING GEOLOGY December 27, 2007 RE: LOT 2, BRUSH CREEK VILLAGE BLOCK 6, RED TAIL LANE, PITKIN COUNTY 1 have completed my geologic investigation, as required by H.B. 1041 and Pitkin County Land Use Code § 7-20-20 and §§ 7-20-50(a) through (i), of the above -referenced property near the top of Brush Creek Village at the intersection of Medicine Bow Road and Red Tail Lane.' Lot 2 is approximately 1.7 road miles from Colorado Highway 82 via Brush Creek Road 0.2 miles to Medicine Bow Road and 1.5 miles up Medicine Bow to the site. The center of the lot is 5.85 miles northwest of the Pitkin County Courthouse in Aspen, on the southeast boundary of the Woody Creek 7.5' quadrangle, in the SW'i2SW'i2 ofsection 21, Township 9 South, Range 85 West, 6th P.M., in the southeast corner of the Marcos Shale hill country between Brush Creek and West Sopris Creek, north -central Pitkin County. According to the plan provided? Lot 2 consists of modest to steep slopes down to the east from the access roads, overlooking the Roaring Fork Valley in the area of the confluences of Brush Creek and Woody Creek with the Roaring Fork River. Elevations on the lot range from approximately 7,948 ft along the east boundary to 8,084 along the southwest boundary at the intersection of Medicine Bow Road And Red Tail Lane for relief on the property of 136 ft. Vegetation consists of a Gambel oak — serviceberry assemblage that appears to have been trimmed for fire -control purposes. Geologic Setting The area is included in the "S" — Mancos Shale hazard category on Pitkin County's map of Potential Geologic Hazards (1974'). The lot itself is mapped in an area of slopes varying from less than 15% to over 45%, with the proposed activity envelope almost entirely less ' All distances are straight-line and measured from the approximate center of the conceptual activity envelope unless otherwise noted. z Rocky Mountain Surveying, File No. 07569, dated 11/2007. Site plat with 2 -ft contours, computer-generated slopes, and conceptual activity envelope (working drawing). 3 Colorado State University, 1974, Potential geologic hazards, Pitkin County, Colorado, Lower Roaring Fork Valley: CSU Environmental Resources Analysis, map scale 1:31,680 (referenced hereinafter as "PitCo maps"). 000034 PAGE 2 than 45%. The area is mapped geologically at a scale of 1:24000 by Freeman (19724) as lying in modestly faulted Upper Cretaceous Mancos Shale terrane above the alluvial valley floors of Brush Creek to the south and the Roaring Fork River to the east, less than a mile west and southwest ofthe Castle Creek fault zone. Both Freeman and Bryant (1972) project two splits of a north -south normal fault west of the lot, the closer 445 ft west with the splits 270 ft apart. Combined displacement down to the west is estimated at 200 ft from cross-section A -A' on Bryant's map. Unconsolidated surficial materials on the lot are not mapped by Freeman (1972). The Natural Resources Conservation Service maps soils on the lot as "Anvik-Skylick-Sligting association, 10- 25% slopes."' Bedrock beneath to property is mapped by Freeman as his unit Km, Mancos Shale, main body; Bryant (1972) maps the same rocks immediately south as his unit Kmu, Mancos Shale upper shale member. The descriptions are of course very similar but contain subtle differences that may be significant: Freeman (1972) maps the actual site in the southern Woody Creek quadrangle as: Mancos Shale, main body: map symbol Km. Dark -gray shale and silty to sandy shale; minor very thin bentonite beds; zones of concretions common, especially in lower two-thirds of unit. About 4,750 feet thick. Bryant (1972) maps the same rocks in the northernmost Highland Peak quad 150 It south as: Mancos Shale, upper shale member: map symbol Kmu. Dark gray shale and silty shale with a few lenticular beds of fine- to medium -grained olive -gray sandstone. Some thin -bedded shaly limestone in lower part. About 4,000 feet preserved in quadrangle. All design engineering as well as construction should take into account the general descriptions of these units as well as specific recommendations given below. The mapped faulting in the area is mostly if not entirely of Laramide age.` There has been no known movement along these faults in millions ofyears, although there has been both reactivated and new faulting accompanying minor igneous activity and solution collapses in the region well into the Pleistocene (Laing and Lampiris, 1980; Streufert, et al., 1998'), and earthquakes of up to ° Freeman, V.L., 1972, Geologic map of the Woody Creek quadrangle, Pitkin and Eagle Counties, Colorado: U.S. Geological Survey Geologic Quadrangle Map GQ -967. See also immediately adjacent Bryant, B., 1972, Geologic map of the Highland Peak quadrangle, Pitkin County, Colorado: U.S. Geological Survey Geologic Quadrangle Map GQ -932. 5 httpJ/websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx 6 The Laramide period of mountain building, which produced the basic structure of today's Rocky Mountains, affected the area between 55 and 65 million years ago. Faults attributed in whole or in part to solution collapse of the Carbondale collapse center to the west are thought to have last moved between 14 and 34 million years ago, and minor reactivation of older faults occurred during the volcanic episodes that resulted in the Basalt Mountain lava Flows (8.8 to 7.9 mya) and a small flow west of Woody Creek (1.5 mya); the latter originated from the Castle Creek fault zone. 7 Laing, D., and Lampiris, N., 1980, Aspen high country - the geology: Thunder River Press, Aspen, 132 p.; Streufert, R.K., Widmann, B.L., and Kirkham, R.M., 1998, Geologic map of the Basalt quadrangle, Eagle, Garfield, and Pitkin Counties, Colorado: Colorado Geological Survey Open File Report OFR 98-1, 18 p. 000035 PAGE 3 Mercalli Intensity VIe have occurred in the Aspen—Carbondale area within the last few decades. In most cases epicenters are unknown but thought to be well to the south of the property, in the heart of the West Elk Mountains. Dips in the area are in the 10° to 20° to the north to north- northeast, or at close to 90° to the easterly surface slope. & 7-20-020. Steep and Potentially Unstable Slopes. Slopes on Lot 2 vary from a limited area of less than (<) 15% slopes in the north corner to significant areas of greater than (>) 45% slopes in the eastern, central, and southern portions. The conceptual activity envelope is limited to an area along the western side and into the northern part in which slopes are for the most part between 15% and 40%, along with the aforementioned area of <15% slopes and two very small slivers of >45% slopes. There are no indications of slope instability. The general topography and slope conditions of the lot are similar to much of the rest of Brush Creek Village and excavation, construction, and grading techniques suitable for the terrain are well known. In general, sufficient soil testing should be performed to identify slip planes in the Mancos Shale, if any, and to assure adequate stability of foundations, including anchoring to competent bedrock as necessary. Foundations facing up slope should be designed and constructed as retaining walls, and all excavations and fills for utilities, driveways, landscaping, etc., not graded back to at least 3h:ly mechanically supported as well (final grading to 4h:ly is strongly encouraged, §7-20-20(e)(4)(a)). As is the case with all slope construction, excavated materials should be well compacted, graded, and drained to avoid increasing instability (§70-20-020(c)(1)(c)). Disturbed areas should be revegetated as soon as possible; final landscaping should be limited to native species that do not require supplemental irrigation. "Water features" on and near steep slopes are discouraged, but if installed must be thoroughly seated against and routinely inspected for leakage. 4 7-20-050(x). Avalanche Areas. The property is not mapped in a snow or debris avalanche area (PitCo maps; Olander, et al., 1974). Avalanche hazard recognition and mitigation are specialties in which I do not claim expertise, and if a more accurate assessment of the risk and recommendations for mitigation are desired you should seek the opinion of a qualified professional in the field. & 7-20-050(b). Landslide Areas. Lot 2 is not mapped in a potential landslide area (PitCo maps; Olander, et al., 1974). A small landslide developed in the 1990s in the lower northeastern portion of Brush Creek Village, in response to heavy snowmelt and local groundwater conditions not anticipated in the upper part of the development that includes Lot 2. There is some indication that the slide was a reactivation of an existing feature, and in that regard, although there is no indication of an old slide in the area of Lot 2, all soil testing and excavation work performed on the property should be routinely monitored for slip planes or other indication of movement, and if observed adequate precautions taken to assure stability of structures and other improvements. & 7-20-050(c). Rockfall Areas. The area is not mapped as a rockfall hazard zone (PitCo maps; Olander, et al., 1974). $ 3-80-0504d). Alluvial Fan Hazard. The area is not mapped as an alluvial fan or associated debris flow hazard zone (PitCo maps; Olander, et al., 1974). B Roughly equivalent to magnitude 5 on the more -familiar Richter scale. Earthquakes of this magnitude are felt by all, with damage from minor to moderate. 000036 PAGE 4 & 7-20-050U. Talus Slope. The area is not mapped as a talus slope hazard zone (PitCo maps; Olander, et al., 1974). 47-20-050(D. Mancos Shale. Mancos Shale is mapped as shallow bedrock beneath the property by Freeman (1972) and as a recognized geologic hazard by Pitkin County (PitCo maps) and Oleandar, et al. (1974). Specific hazards associated with the Mancos are impermeability, instability due to slippage along clay -coated bedding planes, and swelling rock and soil due to bentonite and other swelling clay minerals in the shale. Impermeability issues can be addressed through recognition and subsequent design and construction offoundations, utility installations, and drainage systems themselves. Adequate drainage is also important in avoiding creating or increasing instability. Freeman describes the unit underlying the lot as containing thin bentonite beds, which if present can significantly exacerbate instability hazards; Bryant (1972), omits mention of bentonite from his description of the same rocks immediately south. Soil testing should be sufficiently thorough to identify bentonitic clay layers, and structural designs modified as necessary if found. Specifically with regard to Lot 2, the relatively steep dip of the Mancos apparently angled 45° to 90° to the surface slope should aid in mitigating potential instability problems and should be taken advantage of to the extent possible in site planning. Site-specific soil testing should be adequate to fully assess the swelling rock/soil characteristics on Lot 2 and excavations, foundations, utility installations, and other improvements designed and constructed accordingly. � 7-20-050(g). Faults. As noted, Lot 2 is located in a moderately faulted area not far from the Castle Creek fault zone, with two faults mapped between 445 and 715 ft west. While there has been no known movement on any of these faults in historic time and probably none for thousands or even millions of years, earthquakes of up to Mercalli Intensity VI have occurred in the Aspen—Carbondale area within the last few decades. Basic USGS shake data for the site at 39.250547° north latitude, 106.895240° west longitude, are as follows: Period Sa (sec) (g) 0.2 0.360 S„ Site Class B 1.0 0.076 S„ Site Class B Detailed IBC design criteria are available at http://earthquake.usgs.gov/research/hazmaps/desigrV � 7-20-050(h)Expansive Soil and Rock. See Mancos Shale discussion, § 7-20-050(0, above. 47-20-050-6) Ground Subsidence Hazard. There is a potential for voids created in surficial deposits by piping, hydrocompaction, or differential compaction. Detection of such voids can be accomplished by observation during routine soil testing and excavating activities. Mancos Shale bedrock is not conducive to the development of solution voids. There are no known mine workings or other man-made subsidence hazards in the area. As always, excavations for any purpose should be properly backfilled and compacted to prevent subsidence. General. The materials present in both Mancos Shale bedrock and soils developed from it beneath the activity envelope are not known to contain radioactive minerals in the area; nevertheless all inhabited spaces should be designed and constructed to prevent the accumulation of radon as well as other noxious ortoxic gases. Domestic water will be provided through a communitywater 000037 PAGE S system, with waste disposal via ISDS; the presence of shallow Mancos Shale bedrock and the steep slopes of the property will require site-specific design and installation by a qualified professional in the field, and the Pitkin County Sanitation Engineer should be consulted for specific recommendations as well. As always, irrespective of other recommendations contained herein, all excavations, roadways, foundations, utility installations, final grading, landscaping, and other improvements should be designed and constructed in such a manner as to convey water, including snowmelt, awayfrom the improvements and properly integrated into both constructed and natural drainage systems as appropriate. Conclusions. Steep slope and Mancos Shale hazards are present on Lot 2, Brush Creek Village Block 6. These hazards can be addressed by proper soil testing and foundation design and construction as well as the installation adequate drainage systems and of retaining walls or other structures as necessary to support excavations, cuts, and fills. These and other geologic hazards affecting Lot 2 are not significantly different from those affecting many other sites in Pitkin County previously approved for development, and design and construction techniques suitable for such conditions are well-established. The property is in a geologically sensitive area, but with mitigation the hazards to which the property is exposed can be minimized; nothing in this report, however, should be construed as suggesting that mitigations recommended herein can or will eliminate such hazards in their entirety. If you have any questions or require any further information, please do not hesitate to contact me. IMPORTANT NOTICE: This report concerns natural processes that are unpredictable and in large measure poorly understood. It is intended to identify potential observable hazards within the scope of work to which the subject property is exposed and to suggest mitigating measures in compliance with applicable regulations. Nothing in this report should be construed or interpreted as suggesting the absence of the described hazards, or that the recommended mitigations will protect the subject property from the described hazards under all circumstances, foreseen or unforeseen. Nothing in this report should be construed or interpreted as suggesting that additional unidentified hazards are not present. It must also be understood that "mitigation" does not mean either the elimination of the hazard(s) or prevention of the consequences of a hazard event or events, only the reduction to the extent reasonably possible of the latter. By accepting this report all present and subsequent parties thereto agree to indemnify and hold harmless the preparer for any and all damages, direct, indirect or consequential, including personal injury or loss of life, above and beyond the original cost of this study, caused by or resulting from any occurrence of the described or other hazard(s), whether or not such damages may result from failure to identify said hazard(s) or from failure or inadequacy of properly engineered, constructed, and maintained recommended mitigations. The preparer of this report cannot and will not be responsible in any way or manner whatsoever for the proper engineering, construction, and/or maintenance of recommended mitigations, or the inadequacy or failure of improperly engineered, constructed, and/or maintained recommended mitigations, or mitigations that have been altered in any way whatsoever from those recommended by the preparer. This report may be amended or withdrawn without notice at any time prior to receipt of payment therefor. 77 000033 January 4, 2008 Alan Richman, AICP Alan Richman Planning Services P.O. Box 3613 Aspen CO, 81612 RE: Lot 2, Block 6, Brush Creek Village Filing #1 (Stitt Property) Dear Mr. Richman Please submit this letter with your application to Pitkin County. I visited the Stitt Property in Pitkin County, on December 4, 2007 with the owner's representative Mr. Alan Richman. Mr. Richman is preparing a hazard assessment for establishment of an activity envelope. The entirety of the lot is considered "High Hazard" The topography around the homesite can be characterized as a varied slope generally exceeding 20%, with some smaller areas with less than 20% slope, with continuous brushy fuels. There are no areas within the Lot that are not Severe Hazard areas. Therefore, the following Mitigations are recommended for new construction activities: I. Defensible Space As during construction most of the vegetation within at least 20' of the structure will likely be removed, re -planting of vegetation must adhere to the following: 1. Brush, debris and non -ornamental vegetation shall be removed and not replaced within a ten -foot perimeter around all structures. 000039 9 Clumps of brush and vegetation up to a forty -foot (40') perimeter (or to lot boundaries) shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be % the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. Below the structure, over lot thinning shall continue to 60' from occupied buildings. Within this 40' to 60', thin shrubs to 30% of original canopy closure, with no clumps being larger than approximately 25' in diameter. Thinning can be done in an aesthetically pleasing manner. 3. All branches from trees and brush within the 40' perimeter shall be pruned to a height of 10 feet above the ground with removal of ladder 0222 BOBCAT LANE • REDSTONE • COLORADO • 81623 PHONE/FAX: (970) 963-2190 • CELL: (970) 309-4454 EMAIL: ERIC.PETTERSON@STARBAND.NET fuels from around trees and brush. 4. No more than 3 coniferous trees may be planted within 30' of a structure. No conifers may be within 20' of the residence, and no conifers may be placed below (downslope) of the residence Tree crown separation shall be a minimum of 20', except for aspen trees, which do not need to have a tree crown separation. 5. No branches shall be within 15' of the chimney, and no branches shall be within 15' of the structure. 6. All deadfall and dead branches on shrubs shall be removed up to a 100' perimeter, or to property boundaries. 7. No flammable mulches shall be placed within 2' of a residence. 8. Installed or native landscaping within 20' of the house should not contain any brushy species- only grasses or forbs are allowed. Aspen trees are allowed near the house, as long as they are not within 10' of the structure, and are kept limbed to 10' (unless the trees are less than 10' tall). No trees of any species may be within 15' of any window. 9. The property owner shall be responsible for the continued maintenance of the above listed vegetation requirements. II. Access 1. No shrubs or conifers are allowed within 15' of the driveway. Aspen are permitted within 10' of the driveway, but must be pruned to 6' above the ground. 2. Low vegetation (grasses, forbs and low shrubs) shall be kept mowed to less than 6" within 10' of either side of the driveway. III. Water Supply for Fire Safety Note: A fire hydrant is located within 100' of the lot. 1. Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district with a minimum of 1,000 gallon storage capacity per structure. 2. All structures where humans congregate regularly shall be required to install in- house sprinkler systems that meet the standards of the local fire protection district and the IBC. At building permit submittal, the local fire protection district may require smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of proximity to fire protection services. IV. Roofing Materials, Roofing Vents and Projections at and Below Roof Line 1. General Roofing Standards Roofs with less than a 3:12 pitch are only allowed as long as they comply with the following: a. All roof coverings shall be constructed of non-combustible materials. ?ROCKYMOUNTAIN ECOLOGICAL SERVICES, INC 000040 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 roof pitch of 1:48. e. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 2. Roof Venting a. Soffit venting shall be located in the outer 1/3'd portion of the overhang. b. Attic, soffits and other roof venting shall be of non -corrosive metal mesh with maximum %" openings. 3. Roofing Materials a. Any new roofs shall be constructed with noncombustible covering (see IBC Section 1505.2). b. No wood shakes or shingles. 4. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: a. One hour rated material or any material underlain by 5/8 Type X gypboard or equal, or b. "Type IV" Heavy Timber materials, per the IBC. 5. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: a. Construction with noncombustible or 1 hour rated material, or material with flame spread <25, or b. Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypboard or equal, or c. "Type IV" Heavy Timber materials: joist and beams minimum 6"x10", columns minimum 8'v8", decking minimum 4" in depth, ?ROCKYMOUNTAIN ECOLOGICAL SERVICES, INC 000041 3 • • Pt 2 i3mrb C'k Vi4gle l lgFiirFi7 a Ream 2009 r or decking as "a" above, or equivalent log construction, or r d. Enclose projection vertically to ground with 1 hour fire resistive materials. • 6. Railings • a. Railings must be constructed of noncombustible or "Type IV" Heavy Timber • materials • 7. Exterior of the Structure, Including All Walls • a. One hour fire resistive rated materials, or • b. 5/8" gypboard underlying combustible materials, or • c. Cement stucco, minimum W thickness • d. All glazing to be tempered glazing, and • e. Doors to be metal or wood 1 3/4" thick minimum. • B. Foundations a. Foundations, skirting, and crawl space opening shall be fully enclosed and constructed with materials approved for 1 hour fire -resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. 9. Maintenance and Miscellaneous Requirements a. Roofs and gutters shall be kept clear of debris. b. Yards shall be kept clear of all litter, slash and flammable debris. c. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. d. Weeds and grasses within the ten (20) foot perimeter shall be maintained to a height of not more than six (6) inches. e. Firevrood/wood piles shall be stacked on a parallel contour a minimum of fifteen (30) feet away from the structure during the spring, summer and fall months. f. Swimming pools and ponds shall be accessible by the local fire district. g. Fences shall be kept clear of brush and debris. h. Wood fences shall not connect to other structures. i. Fuel tanks shall be installed underground within an approved container. j. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire -resistive construction on the exterior side of the walls. ?-ROCKYMOUNTAiN ECOLOGICAL SERVICES, INC EM k. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. I. Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible surface. The standards stated in 7-20-60 Wildfire Hazards, has been slightly modified for the conditions at this property. Thank you for this opportunity to comment on this property, and please feel free to email if you have any questions. Sincerely, Eric Petterson Rocky Mountain Ecological Services, Inc. ?ROCKYMOUNTAIN ECOLOGICAL SERVICES, INC 000043 DRAWINGS 000044 Stitt Property, Brush Creek Village 000045 0 400 800 1,600 Feet I I I I i a STITT ACTIVITY ENVELOPE LOT 2, BLOCK 6 BRUSH CREEK VILLAGE SUBDIVISION, FILING NO. 1 PITKIN COUNTY, COLORADO Pl D Z(,N3 ZI 3 0y 0"- ME 1 L� vA� lu zauvaaarz 20' NOTES t) It6u 6Er+rrnMi TK HA MM 60�M �S AiPA��,6i�.lrr A nMM. ,� 6ACLtlIMN6 ro caAllMo. 1) B61 s TAM /INY WHIM CgM1tt IOW11 «MWAIMMI M-ta. ,) WII MRM'Al 16 hO (1) WT. 4) 6MCIWHIM WM.M' AT 1W }M. pYl6Pflltt CM[II. LEGEND • MMCAI[6 ftlMD YMWMWt M OHNAI66M. SLOPE ANALYSIS -:6P6ra < leol ®- aa6s t66 < of _ x6P6s xa < w - a6Prsw1 AX6 oc6 Sel�p611�i:^ lttdllP i , a`laaa=7 s?3ic:'7 mm tt TY'a a TW nM6 AcnMtt Mnfiac ws6f6Y IIFK66iipp=Y APMWV� er MC WHIM CwMtt (bMIMMXIY 0[VaLMfMT M61C16M6[CITOM fMQ AgNM61p/_lg{ Y16111MA110M N0. II Fl�6p1�� ®1. KfEP1�610[iglplyM1lpNP6I�DpM, �M(C OR%L Of ttLMM MO lT'eAY Gf `uw M PUT CMYt�11_ Ai YMClL1_ IM .Z2, PM. 166pSlf, WtM1M6 a1 6'PN, fop L M M. - LNu IL VM GWI4 PIMN LauMn1YCO PIAT BM 1) W M MISCELLANEOUS DOCUMENTS PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Brush Creek Village Metro District FROM: Suzanne Wolff, Community Development Department Suzanne.wolff.(i�pitkincount com Re: Pensco Trust Company Activity Envelope Review (PID 2643-213-04-002; Case P048-15) DATE: June 18, 2015 Attached for your review and comments are materials for an application submitted by Pensco Trust Company. The Pitkin County Community Development Director will review the application. Please return your comments to me by Monday, August 3, 2015. htty•//Pitkincounty.com/DocumentCenter/View/4361 If you require a paper copy of this application contact Bonnie Shiles at bonnie.shiles@pitkincounty.com or 920-5109. Thank you. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX4 (970) 920-5439 June 18, 2015 Alan Richman PO Box 3613 Aspen, CO 81612 arichman@sopris.net Re: Pensco Trust Company Activity Envelope Review (PID #2643-213-04-002; Case # P048-15) Dear Mr. Richman: 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. 1. 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 July 2, 2015. 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 3rd day of August, 2015. 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 17`h day of July, 2015, which is at least fifteen (15) days prior to August 2, 2015. This must be submitted prior to any approvals being granted. If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Bonnie Shiles Administrative Assistant Encl: Affidavit Code Section 2-20-100 County of Pitkin ) AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-100 I, P \A,^ , being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all owners of property within 300' to the subject property, as indicated on the attached list, on the 3 day of s , 201,f(which is $ t days prior to the public hearing date of lk*ik %t . 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 hearing. 2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject property, as indicated on the attached list, on the 3 day of 14 , 2015(which is 4t days prior to the public hearing date of srlsk.r . The names and addresses of the mineral estate owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the yl day of 201f which is at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached hereto. Applicant's name (Attach photograph here) BONNIE L. SHILES NO PUBLIC STATE OF COLORADO NOTARY ID 20054038739 G:\coun(y 1p�3 EMRES OCTOBER 30, 2017 l 04� m -a, J Signature Signed before me this&Lday of u� L 2016by �l WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Q Pot I— sk-d'eS tary Public .1 n i O L142S Notary Public's Signature PUBLIC NOTICE RE: Pensco Trust Company Activity Envelope Review (Case P048-15) NOTICE IS HEREBY GIVEN that an application has been submitted by Pensco Trust Company (1450 Silver King Drive, Aspen, CO 81611) requesting approval for an Activity Envelope Review with vested rights.The property is located on Red TO Lane and is legally described as Lot 2 Block 6 Filing 1 Brush Creek Village Subdivision. The State Parcel Identification Number for the property is 2643-213-04-002. 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 August 3, 2015. For further information, contact Suzanne Wolff at (970) 920- 5093. Published in the Aspen Times Weekly on July 2, 2015. Attention All Property Owners within 300' of the subiect 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 August 3, 2015. 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://t)i&incogM.com/DocumentCenterNiew/4361 KELLY DEBORAH E ADAM KURT E EATON BARNEY EDWARD IV & PAULA G 547 MADISON ST PO BOX 607 725 W BLEEKER ST DENVER, CO 80206 ASPEN, CO 81612 ASPEN, CO 81611 DIMITRIYEVA YANA SLOVES JOSEPH & DIANE FALLIERAS SUSAN L & GEORGE N 412 E JODY RD 84 RED TAIL LN 10706 CARROLL LAKE DR. BASALT, CO 81621 ASPEN, CO 81611 TAMPA, FL 33618 HARDY JOYCE LONG JERE L & ELIZABETH S OCHS LESLIE K 61 RED TAIL LN PO BOX 8862 1595 MEDICINE BOW RD ASPEN, CO 81611-9622 ASPEN, CO 81612 ASPEN, CO 81611 TENER SEZANNE MEISTER JEROME REV TRUST ELSTON DAVID & MICHAELA 250 MEDICINE BOW RD 72 RED TAIL LN PO BOX 10391 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 3 y".y.=))%;_'7y .3w- if- .ifa P9{ �z CJ v a.ry rhe:• � rtY, ,. 1 "� '`e) 1 *'�'xi .A::.e� � 1j. 1 'k W- "WIIMMM7711�17 t rt i y s a. a X 1 `1 T 1 h 1 1� rn _LA PA V 1 � rN3 ITNI x/11 rn b � r rn _LA PA "J LQ G) y n o 0 a C c D CD axe 5 C-)0 n°� n O c m ca ° % ~ 0 C m 0 CDs 3 7 rr FJ .p z 4 C F n G 14 0 z 0 µ 00 H PUBLIC NOTICE RE: Pensco Trust Company Activity Envelope Review (Case P048-15) NOTICE IS HEREBY GIVEN that an application has been submitted by Pensco Trust Company (1450 Silver King Drive, Aspen, CO 81611) requesting approval for an Activity Envelope Review with vested rights.The property is located on Red Tail Lane and is legally described as Lot 2 Block 6 Filing 1 Brush Creek Village Subdivision. The State Parcel Identification Number for the property is 2643-213-04-002. 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 August 3, 2015. For further information, contact Suzanne Wolff at (970) 920- 5093. Published in the Aspen Times Weekly on July 2, 2015. 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 August 3, 2015. 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://pitkincountv.com/DocumentCenter/View/4361 Name: Project Address: Type: Permit Number 0048.2015. PLAN PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00039308 Austine N Stitt Date:11/5/2015 RED TAIL LN check # 4948 Fee Description PP- Hearing Officer Fee 1 Total: Amount 740.00 740.00 �, 1t4lON Communitv Develoument 130 S Galena St Third Floor Aspen, CO 81611 970-920-5109 To: Pensco Trust Company 1450 Silver King Or Aspen, CO 81611 Invoice Date: October 22, 2015 Case Number P048-14 Hearing offiq Austin, Peirce & Smith, P.C. Due upon receipt Subtotal $ 740.00 Sales Tax Total $ 740.00 Make all checks payable to Pitkin County Treasurer Thank you! 130 S Galena St Third Floor Aspen, CO 81611 2.20 9/28/2015 Review application & packet materials. 200.00 440.00 1.50 9/29/2015 Draft condition 200.00 300.00 Subtotal $ 740.00 Sales Tax Total $ 740.00 Make all checks payable to Pitkin County Treasurer Thank you! 130 S Galena St Third Floor Aspen, CO 81611 PITKIN Ou.1 NTY COMMUNITY DEVELG*JMENT Permit Receipt RECEIPT NUMBER 00038327 Name: Austine N Stitt Date:6/11/2015 Project Address: REDTAILLN Type: check # 4935 Permit Number 0048.2015.PLAN 0048.2015. P LAN Fee Description PP- Flat Fee PP- Public Notice Fee Amount 3,250.00 54.00 Total: 3,304.00 ACTIVITY ENVELOPE LINE TABLE LINE LENGTH BEARING Ll 11.99 N04"20'00'E L2 75.01 N04'20'00'E L3 14.98 N06*20'25'E L4 18.31 S44*03'06'E L5 27.03 N06*55"17'E L6 54.86 NOO*06'04'E L7 15.01 N26025'12'E LB 20.54 S46*46'07'E L9 55.21 N06*20'25'E L10 31.58 N50*08'12'W 1-11 31,29 S32*03'14'E L12 129.93 S50*05'42'E L13 15.88 S36*38'04'W L14 44.16 S29*09'24E L15 77.01 S35*4924'W L16 103.08 N54*14'22'W L17 46.60 S17*16'31'W L18 62.81 SOO*09"31'E L19 21.17 S29*07'04'W L20 99.48, S54 -04'44'W LOT 2 Is, X& VICINITY MAP SCALE 1"=2000' PENSCO TRUST COMPANY (STITT) ACTIVITY ENVELOPE PLA LOT 2., BLOCK,6 BRUSH CREEK VILLAGE SUBDIVISION, FILING NO. I PITKIN COUNTY COLORADO PARCEL ID: 264321304002 col$c 0 pDqg-j5' 5-04� 07"V- rOA4 OPC LS# 37972 1LS'* A 20.0' ...... ........ .... ....... I . . . . . . N .......... 01" �w ... ...... .. ..... .... ...... .. ....... 11110 + m . . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . + + LOT 3 ...... .. ... ... ..... ... A. m Z' + .. ........ ..... ......... .. ..... .0 A + . . . . . . . . . . .. ...... 01110 .......... ........... .......... 5 .... ............. 'Z z ......... 1. . ........ .. . . ..... + ........... + f + A ... ..... .. . + 79 . . .......... /+ + /j + + -Y t4+ +1 .......... + + ........... ..... \+ ...... + + + + +4+ +1+ + + ...... ..... + +1 V++ + + .......... "M ........ +1+ + . . ........ + + + 1+ Almi'O". + + + +r- - - * ' ' / * ... * : . - I'.*.*. "', ", * 1+ + r+ +,+, + V - + + + + ::v + + 1+ A-j� - .... 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Y+I+t+r + + + OPC &D \+ \+ ............. + + + S# 37972 + +�++ . . . + + .. ........... + + + + + + .............. + + + + + + + + + + + + \+ + + + +\ + + 1+ + + + , . .\: . . . : 6 � 4 : I : a : 0 � 1: 0 : 0 � 4 1 0 : 6 : 0 : I � * � * : ff 0 � 0 : 0 f : 0 : q :I. � - � - : I � - : - : - �- � - : - : - * ' + 1+ t + 11w, E11 131 +\+ A + + S38*34'52"W X A + +f +��+++ + + +1 + �f + + + 14.70' + . ....... + ..... + �+ +� t i I a 0 6 6 *� *A-�-* + + + + + + M + A + t + ..... ... ... 10+ 'M . 41--�I+ I . . . 4. + OPC + + +\\+ + + + \+ + + LS# 37972 + + 4- + ......... ** I + \+ + + + + ............. + + + + +1 + + + + + + + + + + . ..... 41+ \+ \+ + (3. + + + + tv +(0)" + /+ 1 +1+ \+ + ma, OEM + + + 7 +[+ +r + +7 + + + + j. IN I � + + + + + + + + +6 + + im 0 + + LF +\+ A CO+ + + + ."Nk + + + + + Im L + + A ..... ..... -I ....... ...... .. ......... + + +1 + + + + + + +/+ + + + L. + 1+ + %-j + + + + + WE Iggg + -F -F + 0 1+ + ... ... ...... .. ... .... + + + + + ...... + -11 g + + + + /* + + ... +I+ + + + + + + + + + + +� r +/ 110� -1.� I -,++ 4 ++� %p- I+r4+ . . ....... . 1+ +1 + ...... gggo -1-4: + + + +)+ + + LS# 37 IF ... .. .... ........ + + + + + m +0+ + 44 +/ + ... LOT 6 -vr 7 + . ...... ... +/ T. + +/+ ...... T r + + +1+7+1x+Q+7+0+ ... (3.. ffimk + 10%1+t+�+ J+1 () 111 +1 +/+I+r+ +1 .. ......... m, m . .. ... T + + +/ +/+ + + + )+ + )+ + +/+ y J+�+ 4 � 1+ + +/+/ + + + + ............ + + + + + + +1+ 1 + . . . / + 1+ + /+ + + + /+/ + +/ + + + "01, + + /+ + + +/ 1+ + /4- + /+ +/+ + +/ + + + L +/ + + A- 7 +fr + + "+T (0 41 +/ + + +/ r T MOM +/+/ i+ + + J. I'llkt, r I +/ +/+ + /+ +/+ + + + 1+ + +/-r -r + + + 4+/+++'. + + + + +T y+� r / + + + + T + + + + + /+ + + i+N +(+ tit& . . . . . . + Q+r f 4 I + 1+ /+ + + + + + + + + t+ 1 +/4 + + m 4� + /+ /+ + + + + . . . . I + /+ +/ + + + (+ 0 + +1 + +/+ +1+ +1 + 1 1+ + \+ m�"' 0 + + ..... .. V) +/ + + + + -.@'�ga-- -'em Kmgmm W M., + + + + + . ......... + �"j ..... + T+F� 1�:j (+ + 4\\+V +\+ c) . ..... + + + + + + "o 0 + Q 4 + + + + + + + + +\+ + + + + + g-1 IS + + 21 + + + + +1 + t + L + + + 30.0' + ....... ... + + + \+ + + + . + + + + ;4 SETBACK + SEE NOTE 2 + + "IfflM Ll 44-11 + +\+ + 1+ + + �+�� +�+j + J+�14 + t+ + + + .4 ... 4- +V + + +'\� \ <X �+\ + R�' ... ... .. ... + 4 + + \+ ...... ... .. YPC N89*06'50"E 322.48' L 20.0' LS# 9184 YPC LS# 9184 BENCHMARK= 8079.94 LOT 1 0 10 20 40 106 Mom=" 1# 201 NOTES 1) LEGAL DESCRIPTION: LOT 2, BLOCK 6, BRUSH CREEK VILLAGE SUBDIVISION, FILING NO. 1 ACCORDING TO THE PLAT RECORDED IN BOOK 3 AT PAGE 62, COUNTY OF PITKIN, STATE OF COLORADO. 2) SETBACKS TAKEN FROM PITKIN COUNTY ZONING DESIGNATION AR -10. 3) CONTOUR INTERVAL IS TWO (2) FEET. 4) BENCHMARK = 8079.94' AT THE S.W. PROPERTY CORNER. LEGEND INDICATES FOUND MONUMENT AS DESCRIBED. SLOPE ANALYSIS SLOPES 0% < 15% - SLOPES 15% < 30% ...................... ...................... ...................... ............... SLOPES 30% < 45% ................. ...................... ...................... ...................... . . . . . . . SLOPES 45% AND OVER CURVE TABLE CURVE LENGTH RADI JS TANGENT CHORD BEARING DELTA C 1 27,74 170.00 13,90 27.71 NOO*20'29'W 9*20'58' i A6,45, 1 PPA9 83A8 1 DISCLAIME APPLICANT ACKNOWLEDGES THAT HE/SHE HAS BEEN INFORMED BY PITKIN COUNTY OF THE EXISTENCE OF ENVIRONMENTAL HAZARD AREAS THAT MIGHT AFFECT THE PROPERTY, ANY IMPROVEMENTS, AND THE USE AND OCCUPANCY THEREOF, THE PROVISIONS OF THE PITKIN COUNTY REGULATIONS DO NOT IN JANY WAY ASSURE OR IMPLY THAT AREAS OUTSIDE OF ZJUNATED HAZARD 4AS WILLABE FREE FROM HAZARDS, OR THAT APPROVED MITIGATION RES ILJ* GUA10 N U .1 HRfUFETk.&F ANY PROPERTY. 0 ER/APP-jJCANT: X�m �' 0 , PITKIN COUNTY HEARING OFFICER THIS ACTIVITY ENYQLOPE HAS BEIN REVIEWED AND APPROVED BY THE PITKIN COUNTY HEARING OFFICER TV-jo-M-DAY OF ��%,2015, SUBJECT TO HEARIN OFFICER DETERMINATION NO....--a-�--2-215 R CORDE AS RECEPTION NO P I TIZ I N ��7& 'UA) 't TAP-'-*'j1W0 WAe FA 1W ACCEPTANCE FOR RECORDING THIS ACTIVITY ENVELOPE HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF THE� CLERK AND RECORDER OF THE COUNTY OF PITKIN, STAT OF COLORADO, AT-L0:,W'CLOCK,-/-'j-M. THIS - 6DAY OF MAVftbWN PLAT BOOK -LLFc6- AT PAGE --W-- AS vRECEPTION NUMBER 0-�-4- ? 3 ( 5 RECEPTION#: 624830,11/1312015 at 10:28:39 AM, i OF 1, R $11.00 Janice K. OF Vos Caudill, Pitkin County, CO PLAT 13K 112 PG 91 Rocky Mountain Surveying 4133 crystal springs rd carbondale co 81623 phone 970-379-1919 fax 970-963-5873 laff@sopris.net DATE : 11/2007 REVISED: 01/2008, 09/2015 FILE NO: 07569 ACTIVITY ENVELOPE CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA C3 29.04 146,19 14.57 29,00 NOO*54'10'W 11*22'59' C4 20.07 92.09 10.08 20.03 S12"35'03'W 12"29' 6' C51 102.421 122,091 54.44, 99,44, S48 -11'13'W, 48-03'501' LOT 2 Is, X& VICINITY MAP SCALE 1"=2000' PENSCO TRUST COMPANY (STITT) ACTIVITY ENVELOPE PLA LOT 2., BLOCK,6 BRUSH CREEK VILLAGE SUBDIVISION, FILING NO. I PITKIN COUNTY COLORADO PARCEL ID: 264321304002 col$c 0 pDqg-j5' 5-04� 07"V- rOA4 OPC LS# 37972 1LS'* A 20.0' ...... ........ .... ....... I . . . . . . 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YPC N89*06'50"E 322.48' L 20.0' LS# 9184 YPC LS# 9184 BENCHMARK= 8079.94 LOT 1 0 10 20 40 106 Mom=" 1# 201 NOTES 1) LEGAL DESCRIPTION: LOT 2, BLOCK 6, BRUSH CREEK VILLAGE SUBDIVISION, FILING NO. 1 ACCORDING TO THE PLAT RECORDED IN BOOK 3 AT PAGE 62, COUNTY OF PITKIN, STATE OF COLORADO. 2) SETBACKS TAKEN FROM PITKIN COUNTY ZONING DESIGNATION AR -10. 3) CONTOUR INTERVAL IS TWO (2) FEET. 4) BENCHMARK = 8079.94' AT THE S.W. PROPERTY CORNER. LEGEND INDICATES FOUND MONUMENT AS DESCRIBED. SLOPE ANALYSIS SLOPES 0% < 15% - SLOPES 15% < 30% ...................... ...................... ...................... ............... SLOPES 30% < 45% ................. ...................... ...................... ...................... . . . . . . . SLOPES 45% AND OVER CURVE TABLE CURVE LENGTH RADI JS TANGENT CHORD BEARING DELTA C 1 27,74 170.00 13,90 27.71 NOO*20'29'W 9*20'58' i A6,45, 1 PPA9 83A8 1 DISCLAIME APPLICANT ACKNOWLEDGES THAT HE/SHE HAS BEEN INFORMED BY PITKIN COUNTY OF THE EXISTENCE OF ENVIRONMENTAL HAZARD AREAS THAT MIGHT AFFECT THE PROPERTY, ANY IMPROVEMENTS, AND THE USE AND OCCUPANCY THEREOF, THE PROVISIONS OF THE PITKIN COUNTY REGULATIONS DO NOT IN JANY WAY ASSURE OR IMPLY THAT AREAS OUTSIDE OF ZJUNATED HAZARD 4AS WILLABE FREE FROM HAZARDS, OR THAT APPROVED MITIGATION RES ILJ* GUA10 N U .1 HRfUFETk.&F ANY PROPERTY. 0 ER/APP-jJCANT: X�m �' 0 , PITKIN COUNTY HEARING OFFICER THIS ACTIVITY ENYQLOPE HAS BEIN REVIEWED AND APPROVED BY THE PITKIN COUNTY HEARING OFFICER TV-jo-M-DAY OF ��%,2015, SUBJECT TO HEARIN OFFICER DETERMINATION NO....--a-�--2-215 R CORDE AS RECEPTION NO P I TIZ I N ��7& 'UA) 't TAP-'-*'j1W0 WAe FA 1W ACCEPTANCE FOR RECORDING THIS ACTIVITY ENVELOPE HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF THE� CLERK AND RECORDER OF THE COUNTY OF PITKIN, STAT OF COLORADO, AT-L0:,W'CLOCK,-/-'j-M. THIS - 6DAY OF MAVftbWN PLAT BOOK -LLFc6- AT PAGE --W-- AS vRECEPTION NUMBER 0-�-4- ? 3 ( 5 RECEPTION#: 624830,11/1312015 at 10:28:39 AM, i OF 1, R $11.00 Janice K. OF Vos Caudill, Pitkin County, CO PLAT 13K 112 PG 91 Rocky Mountain Surveying 4133 crystal springs rd carbondale co 81623 phone 970-379-1919 fax 970-963-5873 laff@sopris.net DATE : 11/2007 REVISED: 01/2008, 09/2015 FILE NO: 07569