HomeMy WebLinkAboutpitkin.planning.264514200010 (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 BOrr andinr PR,7.
Determination for the
Administrative De
Staff Mei
Applicati
Public Notice, Acceptance Le
Site Pla
Miscellaw
Plat(s)
Parcel ID: 2645-14-2-00-010 Application Date: 10/16/15
Description: Woodard Request for Constrained Site TDR
Project Address: 0 SHIELD ORD, SNOWMASS, CO 81654
Property Owner: WOODARD Address: PO BOX 1567
ASPEN, CO 81612
Owner's REP: ALAN RICHMAN Address: PO BOX 3613
ASPEN, CO 81612
REP's Email: arichman@sopris.net
Case No: PO79-15
Planner: Suzanne Wolff
# Copies: 5
Allocated Hours: 4
% Over Hours: 4.8
Owner Phone:
REP's Phone: (970) 920-1125
Referrals: CDOW Other Referrals: Shield O Mesa Rd District none
OPEN SPACE & TRAILS REFERRRAL Snowmass/Capitol Creek Caucus none
ALL OTHER REFERRALS AVLT none
Comments Due Date: 11/20/2015
Meetings:
1st Meeting: 2nd Meeting: 3rd Meeting:
Meeting Date:
12/02/2015
Review Body:
bocc
Public Hearing?
yes
Notice Date:
12/29/2015
Meeting Notes:
Approvals:
BOCC Resolution #: 090-2015 #625444 P&Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #:
Other Information:
VR Approval Date: Plat Recorded Date:
VR Expires Date: Plat (Bk, PG): n/a
Remarks: no vesting
Application Type: TDR Review
DECISIONS
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING ONE CONSTRAINED SITE TDR TO KENT AND KAREN
WOODARD
-
Resolution No.O�L 2015
RECITALS
1. Kent and Karen Woodard ("Applicant") have applied to the Pitkin Board of County Commissioners
(`BOCC") for a constrained site determination and issuance of one Transferable Development Right
("TDR") pursuant to Sec. 6-70-40(a)(7) of the Land Use Code ("Code").
2. The parcel is located off of Rural Mountain Way in Shield O Mesa, and is more specifically
described in Exhibit A.
3. The parcel contains 6.149 acres and is nonconforming in the RS -30 zone district.
4. The BOCC reviewed the request for a determination as to whether the site is "undevelopable or
severely restricted" and, therefore, whether it would be appropriate to grant one constrained site TDR
at a duly noticed public hearing on December 2, 2015, at which time evidence and testimony were
presented with respect to this application.
5. The BOCC finds that the parcel is undevelopable or severely constrained pursuant to the Code, based
on the following:
A. Portions of the parcel are impacted by steep and unstable slopes.
B. The property is within mapped and field verified elk winter range and elk and mule deer summer
range.
C. The northern third of the property encompasses a portion of an elk winter concentration area.
Sec. 7-20-70(f)(1) of the Code prohibits development in a winter concentration area. The
remainder of the parcel is within the required '/4 mile buffer of an elk winter concentration area,
where Sec. 7-20-70(d)(6) of the Code prohibits development.
D. The property is within a severe wildfire hazard area.
6. The BOCC finds that the parcel is eligible for issuance of one TDR for a constrained site.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Pitkin
County, Colorado, that due to the fact that the parcel is undevelopable or severely constrained under the
Pitkin County Land Use Code, one constrained site TDR shall be granted to the Applicant or successors
in interest, subject to recordation of a restrictive covenant preventing future development of the parcel.
RECEPTIONM 625444, 12110/2015 at
10:22:57 AM,
I OF 3. R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
Resolution No -2015
Page 2
A
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
291° day of October, 20 L5.
APPROVED ON THE 2nd DAY OF DECEMBER, 2015.
:Jones
Clerk and
APPROVED AS TO FORM:
John
C my Att
PID #264514200010
Case P079-15
BOARD OF COUNTY COMMISSIO
OF PITKIN COUNTY, COLORADO
By 5- aket, r LQ
Steven F. Child, Chairman
Date 14 9 I JA (5—
APPROVED
5
APPROVED AS TO CONTENT:
C[VdyVTouben
Community Development Director
0
*329896 01/30/91 15.30 Rec $15.00 BK 638 PR SIB
Silvia Davis, Pitkin Cnty Clerk, Doc $q•50
EXHIBIT 'A'
LEGAL DESCRIPTION
PARCEL 6-
The 141/2 of the NWI/4 of the SWI/4 of the NW1/4 of Section 14, Township
9 South, Range 86 West of the 6th Principal Meridian.
COUNTY OF PITKIN,
STATE OF COLORADO
PARCEL B-
.� A parcel of Land situated in Section 14, Township 9 South, Range 06
?; West of the Sixth Principal Meridian, County of Pitkin, State of
+. Colorado: said parcel being more Particularly described as follows:
Commencing at the West Quarter Corner of said Section 14, A B.L.M.
,6 aluminum cap in place:
•� thence North 00^06'06• East along the Westerly line of said Section 14
'r. �'• 374.10 Feet to a rebar and cap in place, L -S- *19598, the True Point of
-'•� Beginning;
ly
jl thence continuing along said Westerly line North 00°06'00' East 285-90
rte- iL; feet to the Northwest Corner of the S1/2 SW 1/4 NW 1/4 of said Section
14 to a rebar and cap in place, L.S. *19498: thence along the Northerly
line of said 51/2 SW1/4 NW 1/4 North 89'47.35' East 298-35 feet;
'1 theme South 14017'00' East 73.72 feet to a rebar and cap in place, L. S. *3317:
111 thence South 88053'20' West 208.10 feet to a rebar and cap in place,
L.S. *3317;
thence South 14'17'00' East 215.00 feet to a *5 rebar in place:
thence South 88^53'20' West 162.05 feet to The True Point of Beginning.
COUNTY OF PITKIN,
STATE OF COLORADO
F
.a
E ,
a
STAFF
MEMO
MEMORANDUM
TO: Board of County Commissioners
Regular Meeting — December 2, 2015
G
THRU: Cindy Houben, Community Development Director
FROM: Suzanne Wolff, Senior Planner
RE: Woodard Request for Constrained Site TDR
REQUEST: The Applicant submitted a request pursuant to Sec. 6-7040(ax7) of the Land Use Code for the
BOCC to make a determination as to whether the parcel is "undevelopable or severely restricted" in order to
obtain one TDR in exchange for preservation of the parcel.
APPLICANT: Kent and Karen Woodard
ATIVE: Alan Richman
LOCATION: Rural Mountain Way, Shield O Mesa
ZONING/LOT AREA: The parcel contains 6.149 acres, and is non -conforming in the RS -30 zone district
BACKGROUND: The parcel was legally created in 1967, prior to the County's adoption of subdivision
regulations. The parcel has not merged with any adjacent parcels.
REFERRALS: Comments from Colorado Parks and Wildlife are attached. The application was referred to
the Snowmass/Capitol Creek Caucus, the Shield O Mesa Road District, Aspen Valley Land Trust, and Open
Space and Trails, but comments were not received.
PROCESS: The BOCC shall make a determination whether the proposed preservation site is
undevelopable or severely restricted under the Pitkin County Land Use Code. If there is a determination
that that the property is not developable, the Board shall determine that principles of equitable mitigation
merit the issuance of one TDR.
CRITERIA FOR
following criteria:
SITE TDRS: Section 6-7040.a.7 of the Code provides the
➢ The lot or parcel shall be located in a zone district other than the RP, TR -1, TR -2, V$ VC, SKI -PEC,
MIIP, AH, AH -PUD, RS -G, B-1, B-2, P -I, T, PUB, I, U or AC-REC-2 zone districts; and shall be
undevelopable or severely restricted pursuant to this Land Use Code.
➢ The determination that a property is constrained pursuant to this section is merely a procedure to
allow the Board to consider granting a TDR(s) at the request of a property owner, and shall not be
considered afinal decision as to the beneficial, productive, and/or economically viable uses that may
be available to the property.
The parcel is in the RS -30 zone district, which is not included in the list above.
DETERMINATION OF CONSTRAINED PARCEL: The Community Development Department finds
that the parcel is "undevelopable or severely constrained" pursuant to the Land Use Code, based on the
following:
➢ fI r/dlife. Jonathan Lowsky, Colorado Wildlife Science LLC, states that the entire property is within elk
winter range and elk and mule deer summer range. The northern third of the property encompasses a
portion of an elk winter concentration area. Sec. 7-20-70(f)(1) of the Code prohibits development in a
winter concentration area. The remainder of the parcel is within the required ''A mile buffer of the elk
winter concentration area, where Sec. 7-20-70(d)(6) of the Code prohibits development. The Code only
permits a reduction of the buffer, if a different buffer is determined by Colorado Parks and Wildlife
(CPW) to be appropriate due to unusual wildlife factors or other unique features of the property. In
this case. Taylor Elm with CPW states, "CPW supports the transfer of development rights from this
parcel to preserve important seasonal habitat and movement corridors for wildlife. Given the obvious
use [by wildlife] and undisturbed nature of this property, it does not seem appropriate to approve an
exemption to the wildlife buffer and allow development to occur on this lot"
Mr. Lowsky also notes that the property is located in an area that is largely undeveloped. The
Windstar Conservation Easement is directly to the north of the parcel, and other conserved properties
extend to the west and east of the Windstar property.
➢ Slopes. Only a small portion of the parcel is located on the top of the mesa; the majority of the parcel
drops down steeply into the drainage to the north of the mesa.
➢ Wddfwe. The parcel is within a severe wildfire hazard area.
Staff has determined, in accordance with Section 6-70-40(a)(7) of the Land Use Code, that the parcel is
severely constrained.
The Board shall make a determination as to whether one constrained site TDR will be granted.
CONSTRAINED SITE TDR TALLY: The BOCC has issued a total of 43 constrained site TDRs to date
(including 3 visually constrained site TDRs); the tally is attached.
STAFF RECOMMENDATION: The principal of equitable mitigation, which governs the action of the
Board, does not require an analysis based upon value of the land relative to the value of TDRs,
consideration of whether or not to grant TDRs and how many to grant are based on fairness reflective of
the overall situation of the property and its history. Staff recommends that the BOCC find that the parcel
is undevelopable or severely constrained and, therefore, is eligible for one TDR, pursuant to the attached
Resolution.
Attachments
A. Constrained Site TDR Tally
Application provided separately
CONSTRAINED SITE TDR TALLY
OWNER NAME
LOCATION
# TDRS
BOCC
REASON
GRANTED
APPROVAL
DATE
Goldsmith
Crystal — Avalanche
2
5/11/05
Wildlife—winter range,
Creek
winter concentration area,
production area
Gibson
Crystal — Avalanche
1
5/11/05
Access, riparian, slopes
Creek
ZTS Construction
Crystal River Park (3 lots)
3
9/14/05
Slopes, avalanche, debris
flow, rockfall, severe wildfire
Morrow
Wingo Junction
3"
9/28/05
Slopes, floodplain, severe
wildfire, visual
Aspen Mass
Highway 82/Brush Creek
3
3/22/06
Visual
Vaughn
Crystal River Park
1
6/14/06
Slopes, debris flow, rockfall,
severe wildfire, mapped
potential avalanche
Lot 11 Sopris Creek
Section 36
2
9/27/06
Slopes, elk production area,
LLC Gina
migration corridor
Red Oak Trust
Woody Creek
1
9/27/06
Slopes, severe wildfire,
visual
Tabackin
Brush Creek Village
2
11/1/06
Slopes, severe wildfire,
visual
Crowley
Fryingpan
12
12/6/06
Wildlife — severe winter
range, migration corridor,
scenic/ruralcharacter
RooneyCrystal
River Park
1
5/23/07
Slopes, rockfall, small lot
Grosjean/Spencer
Section 36
2
6/27/07
Slopes, elk production area,
migration pattern, goshawk
nest, wetlands, proximity to
publiclands
Majestic Peaks Pointe
Section 36
2
7/11/07
Elk migration corridor,
(Woodward)
roxim' to public lands
Nelsen
Redstone Ranch Acres
1
7/11/07
Slopes, severe wildfire,
access
McBumey
Crystal River Park
1
7/25/07
Slopes, rockfall, setbacks
from spring
Harvey
Shield O Terrace
2
2/13/08
Slopes, severe wildfire,
visual
Poulaki/Koukla
Redstone
2
10/22/08
Rockfall, flood
Iain/ri arian
Spizzirri
East Aspen
1'"
11/19/08
Visual, proximity to public
lands/trail
Walter
Crystal
1
12/16/09
Slopes, rockfall, alluvial fan,
visual wildlife
TOTAL
43
Morrow TDRs limited to use on Wingo Junction Ranch Subdivision lots across Highway 82
" Not issued
The BOCC has denied two requests for constrained TDRs: 1 TDR for a parcel on Lime Creek up the
Fryingpan (F Pan LLP) and 1 TDR for a parcel above Shale Bluffs (Heineman).
V
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING ONE CONSTRAINED SITE TDR TO KENT AND KAREN
WOODARD
Resolution No. -2015
RECITALS
1. Kent and Karen Woodard ("Applicant') have applied to the Pitkin Board of County Commissioners
(`BOCC") for a constrained site determination and issuance of one Transferable Development Right
("TDR") pursuant to Sec. 6-70-40(a)(7) of the Land Use Code ("Code").
2. The parcel is located off of Rural Mountain Way in Shield O Mesa, and is more specifically
described in Exhibit A.
3. The parcel contains 6.149 acres and is nonconforming in the RS -30 zone district.
4. The BOCC reviewed the request for a determination as to whether the site is "undevelopable or
severely restricted" and, therefore, whether it would be appropriate to grant one constrained site TDR
at a duly noticed public hearing on December 2, 2015, at which time evidence and testimony were
presented with respect to this application.
5. The BOCC finds that the parcel is undevelopable or severely constrained pursuant to the Code, based
on the following:
A. Portions of the parcel are impacted by steep and unstable slopes.
B. The property is within mapped and field verified elk winter range and elk and mule deer summer
range.
C. The northern third of the property encompasses a portion of an elk winter concentration area.
Sec. 7-20-70(f)(1) of the Code prohibits development in a winter concentration area. The
remainder of the parcel is within the required '/s mile buffer of an elk winter concentration area,
where Sec. 7-20-70(dx6) of the Code prohibits development.
D. The property is within a severe wildfire hazard area.
6. The BOCC finds that the parcel is eligible for issuance of one TDR for a constrained site.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Pitkin
County, Colorado, that due to the fact that the parcel is undevelopable or severely constrained under the
Pitkin County Land Use Code, one constrained site TDR shall be granted to the Applicant or successors
in interest, subject to recordation of a restrictive covenant preventing future development of the parcel.
Resolution No. _-2015
Page 2
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TMES WEEKLY on the
29'h day of October, 20 L5.
APPROVED ON THE 2°" DAY OF DECEMBER, 2015.
ATTEST:
Jeanette Jones
Deputy Clerk and Recorder
APPROVED AS TO FORM:
John Ely
County Attorney
PID #264514200010
Case P079-15
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Steven F. Child, Chairman
Date
APPROVED AS TO CONTENT:
Gni
dizidy gouben
Community Development Director
of I
6
" Xlh
Afi,lt`sy.
November 2, 2015
COLORADO
Parks and Wildlife
Department of Natural Resources
Glenwood Springs Area Office
D088 Wildlife Way
Glenwood Springs, CO 81601
Suzanne Wolff
Community Development
Pitkin County
130 South Galena Street
Aspen, CO 81611
RE: Woodard Parcel Constrained Site TDR Request
Dear Suzanne,
Colorado Parks and Wildlife (CPW) staff has reviewed the application materials for the
constrained site TDR request on the Woodard Parcel within Shield -0 Mesa Subdivision.
Additionally, on October 12, 2015 CPW Land Use Specialist, Taylor Elm, conducted an onsite
visit of the property with Colorado Wildlife Science's Jonathan Lowsky. During this field
visit, CPW verified that the elk winter concentration area on the north end of the parcel is
mapped correctly.
The amount of browsed vegetation, tracks and animal sign on the north slope of the parcel
suggests heavy to moderate use by elk and mule deer. Furthermore, the valley adjacent to
the parcel on the north side is a natural movement corridor for deer and elk transitioning
between summer and winter range habitats. CPW supports the transfer of development
rights from this parcel to protect important seasonal habitat for big game. Transferring
development from this property to a less sensitive location will reduce overall impacts to
wildlife species in this area.
Colorado Parks and Wildlife appreciates the opportunity to comment on this project. If
there are any questions or needs for additional information don't hesitate to contact Land
Use Specialist, Taylor Elm at (970) 947-2971 or District Wildlife Manager, Darren Chacon
at(970)947-2968.
Sincerely, /
Peritl, Area Wildlife Manager
Cc, Darren Chacon, District Wildlife Manager
Taylor Elm, Land Use Specialist
Fite
Av "_
Bob D. Brosdteid, Dvector, Cdorado Parks and Wilaile •Parks and Wdai(e Conunissim: Robert W. Bray. Chau I .^ M
Chris Castilian, lice Chair • Jeanne Home, Sevetary • John Hwrard, Jr. • Bill Nene • Dale P¢el • lames Pnbyt • James vigil ( ^
Dean Wingfield • Midtelle ZimmemLin • Aim Zipp `•� �
•+e
APPLICATION
MATERIAL
ALAN RICHMAN PLANNING SERVICES, INC.
P.O. BOX 3613
ASPEN, COLORADO 81612
970-920-1125
October 15, 2015
Ms. Suzanne Wolff, Senior Planner
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: REQUEST FOR CONSTRAINED SITE TDR'S FOR WOODARD PROPERTY
Dear Suzanne,
This is an application requesting that the Board of County Commissioners make a
determination that the Woodard property is "constrained", as this term is defined in the
Pitkin County Land Use Code and is therefore eligible to be designated as a TDR sending
site. The Woodard property is a 6.149 acre metes and bounds parcel located off of Rural
Mountain Way at the top of Shield O' Mesa in unincorporated Pitkin County. A complete
legal description of the property and proof of ownership is provided in the Warranty Deed,
attached hereto as Exhibit #1. The Parcel ID# for the property is 264514200010.
The application is being submitted by the owners of the property, Kent and Karen
Woodard (hereinafter, "the applicants"). Mr. and Mrs. Woodard are long-time residents of
Pitkin County, having lived in the Aspen area for 40+ years. They purchased the subject
property in 1991 and have held it in an undeveloped state since that time. The applicants
are being represented by Alan Richman Planning Services Inc., for this application. A
letter from the applicants confirming this arrangement is attached as Exhibit #2.
I held a pre -application conference with you prior to the submission of this application.
The Pre -Application Conference Summary you issued (see Exhibit #3) states that the
Land Use Code sections applicable to this request are as follows:
Section 2-40-30 (b), Approval of TDR's for Constrained Sites;
Section 6-70-20 (a)(3) and Section 6-70-30 (a)(4), TDR Sending Sites; and
Section 6-70-40 (a)(7), Criteria for Constrained TDR Sites.
The following sections of this application provide responses to the applicable County
standards for a constrained site determination. First, however, a brief description of the
property and an explanation of why it qualifies as a constrained site follow below.
000001 G-C,3a
Ms. Suzanne Wolff
October 15, 2015
Page Two
Background Information
The subject property is a vacant 6.149 acre metes and bounds parcel of land. A vicinity
map showing the location of the parcel is attached to this application letter. It shows that
this parcel is located near the very top of Rural Mountain Way, which is a relatively
primitive dirt road that traverses the mesa at the top of the Shield O' Mesa Subdivision.
While there are several houses located along/off of the lower part of Rural Mountain Way,
as one reaches the upper portion of the road, the parcels are all undeveloped.
The vicinity map also shows that while a small portion of this property (the southwestern
corner) is located on the top of the mesa, the vast majority of the parcel actually drops
down into the drainage behind (to the north of) the mesa. This is important because the
lands immediately to the north of this parcel are much larger parcels of land that provide
important wildlife habitat and land conservation values to the community, including the
adjacent Windstar property and the wildlife preserve above Lazy O Ranch. This point is
discussed in greater detail in the next section of this application.
This parcel was legally conveyed out of the Christensen Ranch in 1967, before Pitkin
County adopted subdivision regulations in this portion of the County. The history of
conveyances for this property is as follows:
• Christensen to Myles Holub: Book 227 @ Page 583;
• Holub to Brian Busch: Book 571 @ Page 58; and
• Busch to Woodard: Book 638 @ Page 817.
The parcel is zoned RS -30, a zone district with a minimum lot size of 30 acres. Since this
lot is just 6+ acres in size it is a non -conforming lot of record. A single family residence is
a use by right on a non -conforming lot of record.
Development Constraints
The applicant has owned the subject property for approximately 25 years. Earlier this
year I held a pre -application conference with you in anticipation of a possible activity
envelope application for this property. The pre -application conference summary that you
issued from that meeting listed the land use constraints that would need to be addressed
in the activity envelope application, as follows:
• The parcel contains steep and unstable slopes and is mapped for mancos shale.
• The parcel is subject to severe wildfire hazards.
• The parcel is within mapped elk winter range and elk winter concentration areas.
There is mapped mule deer winter range located to the east of this property.
000002
Ms. Suzanne Wolff
October 15, 2015
Page Three
Among these development constraints, the winter concentration area is particularly
notable, since it imposes a'/< mile buffer within which development is prohibited.
Recognizing the need to better understand the significance of the wildlife habitat in the
area, the applicants engaged Jonathan Lowsky of Colorado Wildlife Science, LLC who
prepared an ecological assessment of the property (see Exhibit #4). Mr. Lowsky's
assessment, which involved analysis of available Colorado Parks and Wildlife habitat
mapping, field investigation of the property, and consultation with the Regional Land Use
Specialist for Colorado Parks and Wildlife, found that:
• The entire property is within elk winter range;
• The northern third of the property encompasses a portion of an elk winter
concentration area; and
• The entire property is within elk and mule deer summer range.
Mr. Lowsky's field investigation confirmed the accuracy of the mapping of the elk winter
concentration area on this property. He found evidence of substantial elk activity on this
parcel, including extensive browse, game trails and pellets. Mr. Lowsky also visited the
site with Taylor Elm, Land Use Specialist for the Northwest Region, Colorado Parks and
Wildlife. Mr. Elm sent an e-mail message, attached as Exhibit #5, stating the following:
"CPW agrees that this property contains valuable winter and transitional habitat for elk
and summer and fall habitat for mule deer and verifies that the elk winter concentration
area that includes the northern third of the property is accurately mapped. The shrub
vegetation on the property indicates heavy browsing by deer and elk and the amount of
tracks and scat in this area show it is being used extensively by both mule deer and elk."
Section 6-70-20 (a)(3) of the Land Use Code provides the standards to determine
whether a lot or parcel that is constrained should be designated as a TDR sender site. It
states that the following types of land shall have the right to sever development rights and
to transfer those rights to other areas:
(3) Legally created lots or parcels that have been identified as Constrained Sites
because the lot or parcel is undevelopable or severely restricted pursuant to the Land
Use Code, as determined in the discretion of the Board of County Commissioners.
Response: This parcel qualifies for a "constrained site determination" since it is located
entirely within the '% mile buffer of a mapped/field verified elk winter concentration area.
Sec. 7-20-70 (d) (6) of the Land Use Code prohibits development within this buffer area.
Sec. 7-20-70 (f) of the Code provides authority for the BOCC to reduce the '/< mile buffer
when there is no unconstrained area on a site. However, it would not be appropriate for
the BOCC to reduce this buffer and permit development to occur on this particular parcel.
000003
Ms. Suzanne Wolff
October 15, 2015
Page Four
The reason that the buffer should not be reduced has been clearly explained by Mr.
Taylor Elm of CPW in his e-mail message (Exhibit #5), as follows:
"CPW supports the transfer of development rights from this parcel to preserve important
seasonal habitat and movement corridors for wildlife. Given the obvious use and
undisturbed nature of this property, it does not seem appropriate to approve an
exemption to the wildlife buffer and allow development to occur on this lot."
Mr. Lowsky also concludes that "The property should be considered completely
constrained by the presence of wildlife habitat". He points out that buffers of undeveloped
land between important habitat areas and developed areas can reduce the negative
impacts of human activity on wildlife. The wildlife buffer standards were enacted to
reduce the indirect impacts of residential development on habitat. Residential
development and other areas of frequent human activity have a zone of influence that
extends onto adjacent lands. So for critical habitats such as winter concentration areas, it
is not enough to protect the area where elk concentrate, but it is also necessary to protect
the buffer area, to ensure the effectiveness of the designated habitat area and to avoid
fragmenting what would otherwise be a contiguous habitat area.
Mr. Lowsky notes that the subject property is located in an area that is largely
undeveloped. Conservation organizations have worked diligently to protect contiguous
habitat lands in the area, including the Windstar Conservation Easement (927 acres), the
Davis -Donnelly Conservation Easement , the RMI Conservation Easement (36 acres), the
Lazy O Wildlife Preserve and the County's own Shield -O Mesa Open Space Parcel (9
acres). Transferring the development rights away from this parcel would add another
parcel, with its 6+ acres to this complex of protected lands and could help to set a
precedent for the future protection of other lands on the upper Shield -O mesa.
Section 6-70-40 (a)(7) provides the criteria for constrained site TDR's, as follows:
(a) The lot or parcel shall be located in a zone district other than the RR, TR -1, TR -2,
VR, VC, SKI-REC, MHP, AH, AH -PUD, RS -G, B-1, B-2, P-1, T, PUB, I, U or AC/REC2
zone districts and shall be undevelopable or severely restricted pursuant to this Land Use
Code. Both the availability of Constrained Site TDB's and the amount of TDR's to be
awarded, if any, are discretionary with the Board, and shall be considered pursuant to
Sec. 6-70-20 (a)(3).
Response: The subject property is located in the RS -30 zone district, so it is eligible for
constrained site TDR's. The lot or parcel is undevelopable or severely restricted pursuant
to Sec. 7-20-70 (d) (6) of the Land Use Code. The applicants acknowledge that the
number of TDR's to be awarded, if any, is discretionary with the Board.
000004
Ms. Suzanne Wolff
October 15, 2015
Page Five
(b) The determination that a property is constrained pursuant to this section is merely
a procedure to allow the Board to consider granting a TDR(s) at the request of the
property owner, and shall not be considered a final decision as to the beneficial,
productive, and/or economically viable uses that may be available to the property.
Response: The applicants acknowledge this Code standard.
Conclusion
The information provided in this application provides a strong rationale for the Board to
determine that this property is fully constrained and cannot be developed pursuant to the
Land Use Code. The habitat assessment prepared by Jonathan Lowsky and the referral
comments provided by Colorado Parks and Wildlife (CPW) demonstrate the critical
nature of the wildlife habitat that is present on/surrounds this property. These reports
make it clear that enforcing the wildlife buffer that covers this entire property is important
and would be of direct benefit to the environment and to residents of this County.
Furthermore, by transferring the development rights off this property the Board would be
enhancing and reinforcing the significant investments that Pitkin County and others have
made in the purchase of open space and via the imposition of conservation easements in
this area.
Section 2-40-30 (b)(1) of the Land Use Code states that in awarding TDR's to a
constrained site "The Board shall determine that principles of equitable mitigation merit
the issuance of TDR's". We believe that we have demonstrated the significant value to
the County of keeping this property free from development. It would be equitable for the
Board to award the applicant TDR's rather than allowing such development to occur.
Therefore, we respectfully request that the Board consider the merits of this application,
determine that this property is constrained, and grant the applicant equitable mitigation in
the form of TDR's.
Please let me know if there is anything else you require as you process this request.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES, INC.
*00'm 00
Alan Richman. AICP
000005
EXHIBITS
000006
EXHIBIT #1
11329896 01/30/91 15130 Rec $15.00 DK 639 PD 817 t' •1611
Silvia Davis, Pitkin Catty Clerk, Doc $9.50
WARRA N•I•N- 1)P. I% I>
THIS DRRD, 0ado this 30 day of JANTIART. 1991,
boteeen
BRIAN A. BUSCH
of the C0"aty of PITKIN and State of CO, Grantor. and
XRNT WOODARD AND KARRN WOODARD
chose legal address is P.O. BOX 1567
ASPEN. W 81612
If tlr9 County of PITKIN and State of CO, Grantees:
WITNESS, that the grantor, for and in considoration of the sum of
tUSnrDOLLARS
s lei u11ieAND OTHER el list it heathy of AND
lefPli VALUABLE pNel, 1r,8 CONSIDERATIONS uuepel, lel $1 it,., frost$
!ass least, hylis, sell, coaly std ..'lin n10 tie $Caere,, their Lein Col assists fertile, at it uaseeT it fetal lel
is joist reflect, till rillt or nlinrsiip, all the real /uputy, binler Vitt igeau"Ita, it 6.1, $nolo, Ilia all
lei's is lit Last) of 1111111, Stitt of Colorado, fntriltl a bibs:
PLEASE REpRR TO EXHIBIT "A" ATTACIIRD BERM AND HADR A PART IIRRBOP.
i also Inn Ip flBR LISP - ILR(, 00 11111
ate'
_ luttill sill all a/ $realize Ile tuelitnnn W geertsntes titillate lelespiel, or is ullise Ppftt,i,i,g
,-.t u/ lie ,aeninl, fuialer of naid,n, fest, issas all profits Haul, lel all tie Bane, Vint, title, isurasl,
` p tlsis nl Aetna rbluesr of tie least#,, filler is Is or rysitf, If. it s4 to tit'hue bratild Itnisea. Vitt lie
Ifralibseals u! pprtunta.
V To 8q Ill to tlU tie aid /rains also IuPiW u! lanilN• Vitt 11, z8arlroetrs, ns ale haloes•
1 heir leira all Basi&,% fain,[. leg lit silicas, for unlit, tie lei's 2.1 psual rlycsuutises, Nu #,runt, prat,
h'sais Ba/ site, to IRA sill tit pastille their Stiff lel sail'., till at tie lilt of 14 n alias led blisr/ of tine
?itseeh. It is veil siztl of tie Meaise, d ... .... fled. Is 4101, ..... I ifeal, al'sfet$ Bal ialNeuillf tots, of
ielfilu0e, it he. is It, sh?h.'N lu lu! cilia, fell pole, CoA brbl ulbcity to sal, l,relis, sell cad Costly 11,
/-r case is tour ad for, sioretoil, let list Ile one as In' of de's Iran dl fens e'1 slier Luau, gullies, sales, lien,
1 tales, useme's, esneins's 'd 'ntrielisr of date's lial or Bass nater, supe real property tun for lie leer
fall, led uljeel to tbu utter, ,a lel firth as Islilit I. attlew Sens rd uit' pas ler of,
led tie anal lBapisl proiu, is tie pill lea luf[il, pssssies of Ile Itaaleese ale leniat of the, tali,
mill$ u! tie leis std Amps ase cad unite. Alin! all ng creel Rua as Mensa luldlp chilies of to cilia tie
dal, at may part lateral, ole luau $bell all sill VIII Ir in 111811 11!81. lie sisid#, mler stall hated, ale Floral,
tie Flow tie si"last. All alt a$I al up gagger stall it eppliull, to all Sellers.
If flail$$ 1111101 tie &nater las nested this dell e1 tie late lel fetal sieve.
STATE OF WafoWo j
COUNTY OP/�a AJ :SS
The foregoing instrument eras ark now lodged before me on this 3o qday of �+^"•ra� 199
by BRIAN A. BUSCH. 1
Witness toy hand and official seal.
vy Cosecission expires:
[Stall .kdf 1'urphyMoury Pubis
4y CommistimreWns TR344
601 fast H001k4
AS^ C91ouoo 81611
t
000001
'. ,.:....001
4`iar'Aa1 J•'�'Yo$.
oil '
u,rnn�a„e.
X
If
0 I,n
Aid ,
X329896 01/30/91 15130 Rec $15,00 8K 638 FO 818 +}''-•rµ
Silvia Davis, Pitkin Cnty Clerk, Dmc $4,50}!
T� iQ1.
"3�;1ttis:
EXHIBIT 'A'
LEGAL DESCRIPTION
PARCEL
The WI/2 of the NWI/4 of the SW1/4 of the NWI/4 of Section 14, Township
9 South, Range 86 West of the 6th Principal Meridian.
COUNTY OF PITKIN,
STATE OF COLORADO
COUNTY OF PITKIN,
STATE OF COLORADO
PARCEL B.
A parcel of Land situated in Section 14, Township 9 South, Range 86
,d
West of the Sixth Principal Meridian, County of Pitkin, State of
Colorado; said parcel being more particularly doscribed as follows:
`�'
Commencing at the West Quarter Corner of said Section 14, A B.L.M.
•-�
aluminum cap In place;
thence North 00`06'06' East along the Westerly line of said Section 14
?
374.10 feet to a rebar and cap in place, L.S_ X19598, the True Point of
>ti
Beginning;
thence continuing along said Westerly line North 00^06.00' East 285.90
feet to the Northwest Corner of the S1/2 SW 1/4 NW 1/4 of said Section
.t
14 to a rebar and cap in place, L.S. 019498; thence along the Northerly
line of said S1/2 SWI/4 NW 1/4 North 89047'35' East 298.35 feet;
•`
thence South 14817.00' East 73.72 feet to a rebar and cap in place, L_
"
S. 03317;
jj
thence South 88053'20' West 208.10 feet to a rebar and cep in place,
i
L.S. 03317;
theme South 14117'00' East 215.00 feet to a 05 rebar in place;
thence South 88053'20' West 162.05 feet to The True Point of Beginning,
COUNTY OF PITKIN,
STATE OF COLORADO
#329B96 01/30/91 15:30 Rec $15.00 DI: 638 PB B19
Silvia Davis, Pitkin Cnty Clerk, Doc 89.50
EXHIBIT 'B'
1. Taxes for the year 1991 and subsequent years not yet due and
payable.
2. Reservations and exceptions as contained in United States Patent
recorded in Book 55 at Page 227 as follows: right of the proprietor
of a vein or lode to extract and remove his ore therefrom, should
the same be found to penetrate or intersect the premises and right
of way for ditches or canals constructed by the authority of the
United States.
3. An undivided 1/2 interest in all oil, gas and other hydrocarbon
minerals contained in said land, together with the right of ingress
and egress at all times for the purpose of operating and developing
said land for oil, gas and other minerals, as reserved in Deed
? recorded in Book 176 at Page 603.
4. Mineral reservation of an undivided 1/2 interest of first parties
interest in all oil, gas and other minerals of every kind and
character, together with the right of ingress and egress for the
t purpose of exploring, mining and producing such minerals, as
.I reserved in Deed recorded in Book 227 at Page 226.
S.
Reservations, covenants and easements as contained in Deed recorded
in Book 220 at Page 583.
EXCEPTIONS NUMBERED 2-5 AFFECT PARCEL A ONLY
pp
j
6.
Reservations and exceptions as contained in United States Patent
i
recorded in Book 55 at Page 227 as follows:
i
F
I
Right of the proprietor of a vein or lode to extract and remove
his ore therefrom, should the same be found to penetrate or
,
intersect the premises hereby granted.
I
7.
A reserved undivided 1/2 interest in all minerals as contained In
Deed recorded in Book 176 at Page 603, of the Pitkin County
records.
I
S
e.
A reserved undivided 1/2 interest in all minerals as contained in
j
Deed recorded in Book 227 at Page 226 of the Pitkin County
{i
Records.
9.
Any loss or damage resulting from the subject property being an
illegal subdivision.
J
i
EXCEPTIONS NUMBERED 6-9 AFFECT PARCEL B ONLY
tA, ,
Be.erd*33O113 02/08/91 13:06 Ree •3.00 SK 639 PG 304
Rerept Silvia Davis, Pitkin Cnty Clerk, Doc *.00
QUIT CLAIM DEED
BRIAN A. 80SCH
whose address is
Countyof Engle Is ,and Stale of
Colorado
, for the consideration of
Ten D611ars and 00/100----------- Dollars, in hand paid,
hereby sell(s) and quit claftn(s) to KENT WOODARD AND KAREN It IARD
whose addressis 598 Hountain Laurel Aspen, Co. $1611
P.O. BOX 1567
Counlyof Pitkin ,and Stateof Colorado ,tile following real
property, in the Countyof Pitkin , and Slate of Colorado, to wit:
A Perpetual Easement and right to take and use, for beneficial and necessary
domestic use on the following described hosesite in Twp. 9 S. R86W 6th P.M.,
Pitkin County, Colorado : Lot 20, Snowmass Highlands more fully described as
Follows: The WI/2 of the NWI/4 of the SWI/4 of the Nut/4 of Section 14, Township
9 South, Range 86 Nest of the 6th Principal Meridian, in common with, and to
share equally with owners or occupants of other Snowmass Highlands homesites
(comprising twenty home sites, more or less), and with use and enjoyment of said
water dependent upon, and conditional upon, development and maintenance of a
water storage and distribution system, the cost to be borne pro rata by such
owners or occupants, water from presently existing five inch, 210 foot vlter
well, cased and equipped with pump (without storage and distribution system) �I
finished November 1967, located within the following described neighboring land:
NWI/4 of the SWI/4 of Section 14, Township 9 South, Range 86 West of the 6th
;UA i/WAAYeV:tbtAA8MPp)h4}
with all its appurtenances
Signedthis 30th day of January
STATE OFCOLORADO. i
sr.
Countyof Pitkin
The fo,.,t it Yinatrum<niwn aeknowledYed before me thh 70th dayar January
11 91,by Brian A. Busch
DfymmmtnionerPtrer
WITNESS Ira'hand and offirial weal. L4
I:a.wtuti
:1 !iii{M.x'%
Joy S. Hpeattlday Pok u 6 ♦a 11
MyC Tynemonewnavtbet Q nd
I — — — W1 Eau Hoplya
ArprtCaimtmereu �b17. �I
4 n
PINY! .,
b'MM•11H:J:a(.1 =!H>m S.LY,v.MkY:—!W,:V?:Y,:—!d>
EXHIBIT #2
Ms. Suzanne Wolff, Senior Planner
Pitkin Countv Communitv Development Department
130 South Galena Street
Aspen, Colorado 81611
RE- W_OOOARO REQUEST FOR CONSTRAINED SITE OETERVANATM
L
ar Psis. ii"ff,
We are the owners of a parcel of land located along Rural Mountain Way, in the Shield -O
Mesa neighborhood of unincorporated Pitkin County. We hereby authorize Alan Richman
PlanninG Services. inc. to act as our designated representative with respect to the land
use application being submitted to your office for our property. Mr. Richman is authorized
to submit an application requesting a determination that this property is constrained and
should be eligible for designation as a TDR sending site. He is also authorized to
represent us in meetings with Pitkin County staff and the County's review bodies.
Should you have any need to contact us during the course of Your review of this
application, please do so through Alan Richman, whose address and telephone number
are included in the land use application, or you may contact me directly at the address
below.
Kent and Karen Woodard
P.O. Box 1567
Aspen, CO 31612
000011
EXHIBIT #3
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff
PHONE: (970) 920-5093
LOCATION: Rural Mountain Way; Shield O Mesa
PARCEL ID #: 264514200010
APPLICANT: Karen & Kent Woodard
REPRESENTATIVE: Alan Richman
Type of Application: Request for Constrained Site TDR
DATE: 9/3/15
E-MAIL: suzanne.wolffto.�.pitkincountv.com
ZONE: RS -30
SIZE: 6.17 ac.
EMAIL: arichman@sopris.net
Description of Project/Development: The Applicant is requesting that the BOCC determine that the
parcel is undevelopable or severely restricted pursuant to the Land Use Code, and grant a TDR.
Land Use Code Sections to be addressed in letter of request (application):
• 2-40-30(b): Approval of TDRs for Constrained Sites
• 6-70-20(a)(3): TDR Sending Sites
• 6-70-40(a)(7): Criteria for Constrained Site TDRs
• 7-20-20: Steep and Potentially Unstable Slopes
• 7-20-50(f): Geologic Hazards - mapped mancos shale area
• 7-20-60: Wildfire Hazard — mapped severe wildfire hazard area
• 7-20-70: Wildlife Habitat: within mapped elk winter range and winter concentration area; mapped
mule deer winter range to east
Review by: BOCC
Public Hearing: Yes. The applicant shall post a public notice sign on the property at least 15 days
prior to the hearing and shall mail notice to all adjacent property owners and mineral estate owners at
least 30 days prior to the hearing with the return address of the Community Development Department
(copy 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.
Staff will refer the application to the following agencies: Shield O Mesa Road District, Colorado
Parks & Wildlife, Snowmass/Capitol Creek Caucus, AVLT, Pitkin County Open Space & Trails
FEES: $1,354 (make check payable to "Pitkin County Treasurer')
• $1,300 Planning Office flat fee (non-refundable; based on 4 hours of staff time. If staff review time
exceeds 4.8 hours, the Applicant will be charged for additional time above 4 hours at a rate of
$312/hour)
$54 Public Notice Fee
000012
To apply, submit 5 copies of the following information:
1. Summary letter explaining the request, describing existing conditions, and addressing compliance
with the Code sections listed above.
2. Site plan, maps and/or photographs to illustrate the constraints.
3. Site context map showing subject and adjacent properties, and structures and uses on those
properties.
4. Street address and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating
the subject property within Pitkin County;
5. Disclosure and proof of ownership of the property, consisting of a current certificate from a title
insurance company or attorney licensed to practice law in the State of Colorado, listing the names of
all owners of the property and all mortgagees, judgments, liens, easements, contracts and
agreements affecting use and development of the parcel and proof of the owners right to use the
land for the purposes identified in the development application.
6. Demonstration of adequate legal access to the parcel
7. Documentation of how and when the parcel was created
8. Documentation of chain of title/non-merger of lands for the subject parcel(s) and all adjacent parcels
from title company or attorney.
9. Total fee for review of the application
10. Executed Pitkin County Community Development Agreement for Payment of Land Use Application
Fees form (1 copy — form attached);
11. Consent from owner(s) to process application and authorizing the representative (1 copy)
12. This Pre -Application Conference Summary Sheet (1 copy)
NOTES:
➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION.
PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION
(IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN
YOUR APPLICATION.
➢ ALL MAPS SHALL BE FOLDED.
➢ This pre -application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staffs
interpretations based upon representations of the applicant. Additional information may be
required upon a complete review of the application.
000013
IY�i/d4'/e ew GmGgim/itmrrnnn!
IV.io d F" 4 SkW-0 Ma,. Lydd man
1.0 INTRODUCTION
This report presents an evaluation of the wildlife, wildlife habitat, river and stream corridors and
other ecological resources of a parcel of land in the Shield -0 Mesa subdivision (the "Property')
in unincorporated Pitkin County, Colorado (PID# 2645-142-00-010) as regulated by the Pitkin
County Land Use Code. The applicant originally intended to designate an activity envelope on the
Property but after completing the survey and reviewing a preliminary wildlife and ecological
assessment, concluded that the Property is wholly constrained. As a result, the applicant is
seeking a determination by the County that the Property is indeed completely constrained from
development.
The following assessment addresses significant, present wildlife use of the Property and
evaluates the likely effects residential development would have on wildlife and other important
ecological resources. The Wildlife Habitat Areas (§70-20-70) section of the LUC is addressed in
this report as it pertains to Activity Envelope and Site Plan Review. Constrained Areas as defined
by the LUC discussed in this report include: critical wildlife habitat; severe winter range, and/or
winter concentration areas; wildlife migration corridors or habitat; wildlife production, birthing
or calving areas; important waterfowl and wading bird habitat areas; significant mountain big
sagebrush, aspen, and mountain shrub dominated habitat; and rare, imperiled, sensitive,
threatened, or endangered species critical habitat (§7-20-70); and riparian and wetland areas
(§70-20-80).
2.0 METHODS
This assessment is based on: (1) a detailed site assessment of the Property; (2) a review of
current Colorado Division of Parks & Wildlife (CPW) Species Activity Mapping (SAM) (Colorado
Division of Parks & Wildlife 2015); (3) consultation with CPW; (4) consultation with the United
States Fish & Wildlife Service (USFWS) regarding federally listed threatened, endangered, or
candidate species that may occur on or within proximity to the Property or may be affected by
implementation of the proposal; and (5) the authors experience in recognizing, avoiding,
minimizing, and mitigating potential impacts of development on wildlife and other ecological
resources in Pitkin County and western Colorado.
A preliminary review of the Property using aerial photographs was conducted to familiarize CWS
with the Property and as an aid to help determine the potential presence of wildlife and any
threatened, endangered, or sensitive species of plants and wildlife. The site assessment
concentrated on habitat mapping, developing an ecological understanding of the Property, field
verifying SAM maps, and searching for evidence of specific species presence (as described in
species accounts, below), and assessing the hydrological and geomorphic characteristics of the
Property. A CWS biologist conducted pedestrian surveys of the area to identify and locate
wildlife species, wildlife sign, wildlife habitats, and plant communities. Raptor nest surveys were
conducted on foot through suitable habitat on and in proximity to the proposed project site.
Vegetation types were determined through field identification of plants, aerial photography, and
on -the -ground assessments of plant abundance. CWS did not evaluate potential jurisdictional
Waters of the U.S. (WOUS) or associated wetlands.
COLORADO WILDLIFE SCIENCE, LLC I INTRODUCTION
000015
WiNGJr �' f:m/ogirdAirurmen!
Woodard PamL S'bidd-0 Mem Aibrhww. Oaohr l2, 2015
3.0 SITE DESCRIPTION & PLANT COMMUNITIES
The Property encompasses 6.2 acres, more or less, in the Shield -O Mesa Subdivision in
unincorporated Pitkin County, Colorado. The Property is bounded on the north by the Windstar
Conservation Easement and on the east, south, and west by undeveloped residential lots (Figure
1). The Property is in the North-Central Highlands and Rocky Mountain Section of the Southern
Rocky Mountains Steppe - Open Woodland - Coniferous Forest - Alpine Meadow Physiographic
Province (Bailey 1976, Bailey 1995, Bailey et al. 1998) and lies within Section 14 of Township 9
South, Range 86 West of the 6th Principal Meridian in unincorporated Pitkin County, Colorado
(Figure 1). Elevation range of the Property is approximately 7,964 to 8,234 feet above mean sea
level (AMSC).
Topography is relatively steep with moderately sloping areas in near the southern and northern
property boundaries (Figure 1; Photo 1). A shallow draw runs northwesterly close to the east
side of the Property which terminates at a small valley at and just to the north of the northern
property boundary (Photo 2). Vegetation on the Property is comprised of mixed montane
shrublands dominated by Gambel oak (Quercus gambelii) (Photo 3). The valley at the north end
of the Property is occupied by a mountain big sagebrush (Artemisia tridentata ssp. vaseyana)
shrubland (Photo 4). The plant associations on the Property are in excellent condition with very
few weeds or signs of disturbance.
4.0 WILDLIFE HABITAT AREAS - §7-20-70
SIGNIFICANT MOUNTAIN SAGEBRUSH, ASPEN, & MOUNTAIN SHRUB HABITAT - §7-20-70
The Property encompasses a portion of a significant and extensive mountain shrub habitat area
(Photo 5) that dominates the slopes and ridge between the Windstar valley and Snowmass Creek
Road and extends all the way through Shield -O Mesa to the ridge to the west of Monastery
Cutoff Road west of the Property. For the most part, this shrubland is contiguous with only the
Walker Wonder Ditch bisecting it on the north end and a few (2 or 3) houses disrupting it within
Shield -0.
NEST/ROOST BUFFER - §7-20-70(D)(1)
A nest search was conducted on and within proximity (200 m) to the Property and no raptor
nests were located. No active nest or roost sites for bald eagles (Halioeetus leucocephalus),
golden eagles (Aquila chrysaetos), ospreys (Pandion haliaetus), peregrine falcons (Falco
peregrinus), or red-tailed hawks (Buteo jamaicensis) are known to occur on or within proximity
of the proposed activity envelopes.
RARE, THREATENED & ENDANGERED SPECIES - §7-20-70(D)(3)
On October 12, 2015 the property location was submitted to USFWS via the IPaC system
(http://ecos.fws.gov/ipac/) requesting an official list of threatened, endangered, or candidate
species that may occur on or within proximity the property or may be affected by
implementation of the proposal. An official list was received and is attached as Appendix 2. The
species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section
7(c) of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). No
federally protected species are expected to occur at or adjacent to the property. No designated
COLORADO WILDLIFE SCIENCE, LLC I SITE DESCRIPTION & PLANT COMMUNITIES
0000110,
eb Gozzlig dAmrazierxt
i Poral. S'NW-0 After Sabdhnim
critical habitat exists for any listed species within or adjacent to the property. In addition, the
State of Colorado list of endangered and threatened species was reviewed and no endangered,
threatened or candidate species are known or suspected to occur on the property. There are no
federal listed Threatened, Endangered or Candidate plant or animal species known or
suspected to occur nor is there critical habitat for any federally listed species occurring within or
in proximity to the activity envelope. Therefore none of the species below were carried forward
for further analysis.
Table 1. Threatened or Enclanitgcqg.5
Common Name
Latin Name
ecies that ma occur In Pitkin County, Colorado or may be affected
Occurrence
I
---� s7l
by the project.
Potential
Habitat an
the
5
Co..=?
- -
BIRDS
Habitat
I
Southern Utah and Colorado, through Arizona, New Mexico, and west Texas, to
property?
r Effect
NO
Mexican Spotted Owl
the mountains of central Mexico IRinkevich M a1.19951.
Complex forest or rocky carryon that contain uneven -aged, mufti -level and old -
FT' ST
shix occidentalis IUCida
No
aged, thick forests. below 9,500 feet elevation. Nests in standing snags and
NO Effect
hollow trees (Rinkevlch et al. 1995)
In Colorado west of the Continental Divide, the species was probably never
common (Bailey and Niedrach 1965, Kingery 1998) and Is now extremely rare
(Kingery 1998). One confirmed nesting observation occurred along the Yampa
River near Hayden during the Breeding Bird Atlas surveys conducted from 1987-
No
Western Yellow -Billed
1994 gingery 1998)and one cuckoo, representing a probable nesting pair in
Cuckoo
surveyed lowland river riparian habitat along six rivers in west -central Colorado
(Dexter 1998).
1 FT, SC No
Cacryms americanus
Nest In deciduous woodlands associated with wetlands or
streams. Require combination of dense willow undentory for nesting, a
cottonwood overstory for foraging, and large patches of habitat (Laymen 1980,
NO Effect
Gaines and Layman 1984, Kingery 1998). Feed! on grasshoppers, caterpillars,
PLANTS
beetles and other Insects (Dlllinger 1989).
Eastern slope of Rocky Mountain In southeastern Wyoming & Nebraska,
north central and central Colorado; in the upper Colorado River Basin,
particularly the Wide Basin; and In the Bonnevl lie Basin along the Wasatch Front
No
Ute ladies -tresses
and westward in the eastern Great Basin, In northcentraland westem Utah,
Spiranthes diluvialis
extreme eastern Nevada and southeastern Idaho. Nearest location Is near
No
FT[speciensof
Catherine, Co.
Subirrigated, alluvial soils along streams, and in open meadows, in floodplalre.
NO Effect
4500 to 6800 (t
*Status: T=Threatened; E=Endangered; P=Pro ; FC =Candidate for federal listing;Sc=statemncem
4.4 IMPORTANT WATERFOWL AND WADING BIRD HABITAT AREA - §7-20-70(D) (4)
There are no important waterfowl and wading bird habitat areas on or adjacent to the Property.
4.5 BIGHORN SHEEP
Rocky Mountain bighorn sheep (Ovis canadensis canadensis) do not occur on or within
proximity to the Property.
4.6 ELK & MULE DEER
Both mule deer (Odocoileus hemionus hemionus) (Figure 3A) and elk (Cervus elaphus nelson!)
(Figure 3B) occur on the Property and surrounding area (Photo 6).
Limiting Factors
Limiting factors are influences that determine whether a wildlife population increases, decreases
or remains stable. It is important to understand that there is seldom one factor that, by itself,
COLORADOWB.DLO;E SCIENCE, LLC I WILDLIFE HABITAT AREAS -§7-20-70
00001-7
Wildlife & F,mkiml AYsrss=nl
V.dnrd Paml, SBkN{) Muv S&b&a n Or/oler 12, 2015
causes a reduction or an increase in the population of a given species. It is usually the interaction
of several factors that determine the fate of a population. For example, predation may seem to
be a factor causing an elk population to decline when in fact restricted winter habitat, deep
snow or the lack of alternate prey may be what allows predation to have a major impact.
Traditionally, biologists have looked at the concept of food, water, cover and space as the
primary components that determine how suitable a habitat is for wildlife. While this is true, it
oversimplifies our understanding of how various factors affect habitat. Several other factors may
not be as important on their own, but when they are combined with the four primary habitat
components, the value of the habitat may be immediately enhanced or reduced. For example,
other land uses can greatly impact elk use of suitable range. In the Roaring Fork Watershed the
limiting factors for bighorn sheep, elk, and mule deer most affected by residential development
are winter habitats, production areas, and migration habitat.
Winter Range, Severe Winter Range, Winter Concentration - §7-20-70(x)(6); (E)(2)
Both elk and mule deer on winter range continuously seek the most moderate ambient weather
conditions, and other factors influencing habitat selection are secondary. In winter, elk move
between foraging and bedding sites in response to changing ambient temperatures, increasing
snow depths, and to enhance control of body temperature. On the coldest days and/or when
snow depths are greatest, both species seek southerly and westerly facing slopes where snows
typically melt quickly. Snow depths greater than 12 inches begin to reduce the winter range
(USFWS 1982). In general, mule deer and elk do not tolerate snow depths greater than chest
height and are impeded when snow is knee-deep (Loveless 1967, Kelsall and Prescott 1971,
Parker 1984, Toweill et al. 2002, Ungulate Winter Range Technical Advisory Team 2005).
Consequently, winter range of larger elk covers a greater areal extent of lands with greater snow
depths than that of mule deer (Parker 1984).
CPW SAM data (Colorado Division of Parks & Wildlife 2015) indicates that the entire Property is
within elk winter range, the northern third of the Property encompasses a portion of an elk
winter concentration area, and the entire Property is within elk and mule deer summer range.
Site indicators do not suggest that the Property is within elk severe winter range. In addition,
mule deer are unlikely to use the Property or surrounding area for severe winter range or winter
concentration area due to the elevation and the likelihood that snow depths exceed the
tolerance of deer. Preferred forage shrubs such as Gambel oak and Saskatoon serviceberry
(Amalanchier alnifolia) occurring on the Property were lightly to moderately browsed but pellet
groups, tracks, and game trails are abundant. Browse was heaviest in the lower third of the
Property which supports the SAM winter concentration area mapping.
Production Areas - §7-20-70(D)(7); (E)(4)
Elk calving grounds or production areas are carefully selected by cows and are generally in
locations where cover, forage, and water are in close proximity (Seidel 1977a, Phillips and
Alldredge 2000, Barbknecht et al. 2011, Rearden et al. 2011). Calving sites occur in the lower to
middle portions of summer range and often occur in the same general area each year. Although
selected sites are used for a brief period in the spring or early summer, elk production habitat
often a limiting factor for a given population. Sites must provide security from harassment and
be within or adjacent to high quality summer range. Elk are considered a hider species because
the calf remains bedded at a location and responds to threats by remaining prone while the
COLORADO WILDLIFE SCIENCE, LLC I WILDLIFE HABITAT AREAS -V-20-70
000018
Wildlife & rwkfral Assessww
W.da d Puml. S'bidd-O Mem S'nbdieirion Oad,,11.1015
female moves away to forage, returning periodically to nurse. Seidel (1977b, 1977a) studied elk
calving habitat at various sites in the White River National Forest. He found that cow elk prepare
a distinct birthing bed and, for the most part, return to that bed each year. All birthing beds
examined were in mature aspens with a thick understory of shrubs such as chokecherry and
snowberry. All beds were located on southeast -facing slopes within 183 In (200 yd) of a water
source. Personal observation by CWS of calving behavior in Pitkin County has largely confirmed
Seidel's assessment with the following additions: (1) the aspect variable described by Seidel
seems to be less important than the understory variable. Active elk calving habitat in Pitkin
County is known to occur on variable aspects, but there is always significant woody understory
vegetation which provides calves with hiding cover; (2) very young spotted calves and probable
birthing beds have been observed in narrowleaf cottonwood riparian habitat that has a dense
willow, alder, and/or chokecherry understory; and (3) although some elk cows do indeed exhibit
strong calving site fidelity, others do not. Recent research supports Seidel's conclusions (See
Phillips and Alldredge 2000, Barbknecht et al. 2011, Rearden et al. 2011).
There is no mapped or field verified elk production habitat on or within proximity to the
Property. The Property does not contain nor is it within proximity to habitat suitable for elk
calving or parturition. The nearest known production habitat is approximately 1.5 miles to the
west-southwest on Wildcat Ranch.
Migration Corridors - §7-20-70(D)(5); (E)(3)
There are no mapped or field verified migration corridors on or near the Property.
5.0 RIVER/STREAM CORRIDORS & WETLANDS - §7-20-80
Streams, riparian areas and wetlands are regulated according to §7-20-80 of the LUC. This
section establishes setbacks (or "buffers") from the identifiable high water line of:
(a) "Blue line" perennial streams shown on U.S. Geological Survey maps of the area;
(b) Intermittent streams or streambeds known or apparent from field study, with the exception of
man-made waterways such as ditches and water features; and
(c) Isolated, natural wetland and riparian areas (Pitkin County 1006).
The buffers are intended to serve multiple purposes including preservation of riparian and
wetland systems for flood attenuation, sediment control, water quality protection and wildlife
habitat preservation.
There are no streams or wetlands on the Property.
6.0 COLORADO PARKS & WILDLIFE CONCURRENCE
CWS biologist Jonathan Lowsky met with Taylor Elm, CPW Northwest Region Land Use Specialist,
at the Property on October 12, 2015. Mr. Elm and Mr. Lowsky discussed the wildlife use of the
Property and surrounding area, the CPW mapped mule deer and elk habitat, and the potential
effects of residential development on the Property on wildlife. Mr. Elm concurred with CWS
conclusions regarding location of the field verified elk winter concentration area, movement
COLORADO WILDLIFE SCIENCE, LLC I RIVER/STREAM CORRIDORS & WETLANDS - §7-20.80
000019
IrGildlif, i I:m/ngia!/Itxam[nl
r.lvd P.m4 S&W O Aloa Snb&4.4on Odolxr 12, 2015
corridor, and general use of the Property by deer, elk, and other wildlife. On October 12, 2015
Mr. Elm sent an email to CWS regarding CPW conclusions following the site visit (Appendix 6).
7.0 CONCLUSIONS
The site assessment, field observations, and GIS analysis revealed the following:
1. The CPW SAM data for the species evaluated are accurate given the scale at which they
were created.
a. Residential development including access infrastructure would have substantial
direct and indirect impacts on the following:
i. Mule deer non -winter use of the Property;
ii. Year-round elk use of the Property; and
iii. The elk winter concentration area.
2. The lower (northern) third of the Property is within an elk winter concentration area.
a. Field study of the Property revealed evidence of substantial elk activity in this area
(i.e., extensive browse, game trails, pellets) confirming the accuracy of this
mapping.
b. The remainder of the property is located within a quarter -mile of the elk winter
concentration area, and is therefore subject to §7-20-70(d)(6) of the Land Use
Code.
3. No habitat for animal species listed as Threatened or Endangered by the United States
Fish and Wildlife Service will be affected by the proposed actions.
4. No habitat for animal species listed by the State of Colorado as rare, Threatened,
Endangered, or State Special Concern will be affected by the proposed actions.
5. No raptor nests were found or otherwise known within proximity of the proposed
activity envelopes.
6. The proposed development will not directly affect any jurisdictional wetlands or other
Waters of the U.S.
8.0 DISCUSSION
Given the above assessment, the Property should be considered completely constrained by the
presence of wildlife habitat (i.e., elk winter concentration area) or the one-quarter mile buffer in
which development is precluded as regulated by the LUC. Buffers of undeveloped land between
important habitat areas and developed areas can reduce the negative impacts of human activity
COLORADO WILDLIFE SCIENCE, LLC I CONCLUSIONS
000020
WrN4/r e^' fmlogirn/ ilrxrrmenl
IL'owkrrd Purr( S1We1d-0Af,,,S ,&,mon Oavlx, 12. 21)15
on wildlife. Pitkin County enacted the wildlife buffer standards to reduce indirect impacts' and
loss of habitat effectiveness associated with residential development. This is based on the
premise that human activities, noise, fugitive light, and road noise diminish habitat effectiveness
even when direct impacts' are avoided. Odell and Knight (2001) found that areas of frequent
human activity (e.g. residential development) in Pitkin County have a zone of influence (ZOI) that
extends in all directions into adjacent habitat. Their study showed that most wildlife are less
common within the ZOI created by residential development. Bird and medium sized mammal
population densities were affected by the arrangement and density of exurban housing
developments, with both species groups avoiding seemingly intact habitat within proximity to
residential development (Odell and Knight 2001).
The landscape in which the subject property is embedded is rural and remains, to a large degree,
undeveloped. In addition, conservation organizations have worked diligently to protect valuable
wildlife habitat in the area. The Property is adjacent to the 927 -acre Windstar Conservation
Easement, less than 0.2 miles from the Davis -Donnelley Conservation Easement, 0.8 miles from
the 36 -acre RMI Conservation Easement, and within a quarter -mile of the 9 -acre Shield -0 Mesa
Open Space. Enforcement of the quarter -mile buffer prescribed by the LUC will enhance the
adjacent and nearby conservation properties while adding an additional 6 acres to the 1163±
acre Windstar -Davis -Donnelley conservation complex.
' Indirect targets. those effects ofthe proposed development which ere reasonably oertain, but would occur later m time or we spatidly separated from the
project. Examples of indirect impacts (effects) would include increased traffic, noise and activities from residents, fugitive lighting, are:
Direct rumacts would include the impacts (and effects) associated with implementation ofthe proposed project, Detect impacts would include direct conversion
or manipulation of habitats (including beneficial or detrimemd changes) or direct impacts to a species. (including road and home balding, occupancy of
developed areas, reclamation ofopen space areas. use of sell path trills).
COLORADO WfLDLIFESCIENCE,LLC I DISCUSSION
000021
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dominated by mountain big sagebrush shrubland
t `COLORADO WILDLIFE SCIENCE, LLC I Photos
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COLORADO WILDLIFE SCIENCE, LLC I Photos
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COLORADO WILDLIFE SCIENCE, LLC I Photos
000021
EXHIBIT #5
Jonathan Lowsky
From: Taylor Elm - DNR <taylor.elm@state.co.us>
Sent: Monday, October 12, 2015 1:51 PM
To: Jonathan Lowsky
Subject: Re: Shield -O Mesa property
Jonathan,
Thanks for taking the time today to provide an onsite tour of the Woodard property in the Shield -0
Mesa subdivision. After our visit, CPW agrees that this property contains valuable winter and
transitional habitat for elk, and summer and fall habitat for mule deer and verifies that the elk
winter concentration area that includes the northern third of the property is accurately mapped.
The shrub vegetation on the property indicates heavy browsing by deer and elk and the amount of
tracks and scat in this area show it is being used extensively by both mule deer and elk. In
addition, we observed a handful of deer and a cow elk standing on the property during the site
visit.
CPW supports the transfer of development rights from this parcel to preserve important seasonal
habitat and movement corridors for wildlife. Given the obvious use and undisturbed nature of this
property, it does not seem appropriate to approve an exemption to the wildlife buffer and allow
development to occur on this lot.
Thanks again and let us know if there are any other questions or concerns.
Taylor Elm
Land Use Specialist
Northwest Region
1COLORADO
?*TkS Att4T midi*w
��ii�� I PPc.iliCrYic:hii.,'gILIr;!ntis
P 970.947.2971 1 F 970.947.2936 1 C 970.986.9767
0088 Wildlife Way, Glenwood Springs, CO 81601
tavlor.elm@state.co.us I cpw.state.co.us
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000031
PIDUN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and Kent and Karen Woodard (hereinafter APPLICANT)
AGREE AS FOLLOWS:
APPLICANT has submitted to COUNTY an application for Site Plan Review
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pilon 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 titll. 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 51,354 which is based on 4 hours of staff time plus other County referral fees. 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
Cindy Houben
Community Development Director
000032
APPLICANT
Kent
X7 Signature
Date:
Mailing Address: P.O. Boa 1567
Aspen, CO 81612
MISCELLANEOUS
DOCUMENTS
PUBLIC NOTICE
RE: Woodard Request for Constrained Site TDR
(CASE# P079-15; PID 2645-142-00-010)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,
December 2, 2015 at a regular meeting to begin at 12:00 PM or as soon thereafter as the
conduct of business allows, before the Board of County Commissioners, Plaza One
Conference Room, 530 East Main Street, Aspen to consider an application submitted by
Kent and Karen Woodard (PO Box 1567, Aspen, CO 81612) requesting the BOCC
determine that the parcel is undevelopable or severely restricted pursuant to the Land Use
Code, and grant a TDR. The property is located on Shield O Road and is legally
described as the W 1/2 of the NW '/4 of the SW '/4 of the NW '/4 of Section 14, Township 9
South, Range 86 West of the 6`b PM. The State Parcel Identifications for this property is
2645-142-00-010. The application/resolution are available for public inspection in the
Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611.
Comments or objections due by November 20, 2015. For further information, contact
Suzanne Wolff at (970) 920-5093.
Jeanette Jones, Deputy County Clerk
Board of County Commissioners
Published in the Aspen Times Weekly on October 29, 2015.
Attention Applicant/Representative:
It is your responsibility to do the following:
1. Mail this Public Notice to all property owners and mineral estate owners within
300' of the subject property at least 30 days prior to the hearing with the return
address of the Community Development Department. 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 date of the public hearing
2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your
applicant letter) as proof of compliance with the Code at the hearing.
3. Pick up Public Notice sign from the Pitkin County Community Development
Department, 130 South Galena Street, Aspen, CO (970) 920-5526
4. Post the Public Notice sign on the property at least fifteen days (15) prior to the
hearing
5. Remove the Public Notice sign within one week after hearing date
http://pitkincounty.com/DocumentCenterNiew/6261
MISCELLANEOUS
DOCUMENTS
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2-20-100
I, A l Ar p"� ^""'"' being or representing an
Applicant to the Pitkin County Development Department, personally certify that I have complied with
the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations
in the following manner:
1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to all owners of property within 300' to the subject property,
as indicated on the attached list, on the *Jo day of 9 , 201 s'(which is 3S days prior to the
public hearing date of %%k1. ff . 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 is day of 04406- '201 r (which is;t days prior
to the public hearing date of 'Okii- ►f . 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 qday of AA, -U, , 201f which is at least fifteen (15) days prior to the
public hearing. A photograph of the posted sign is attached hereto.
Y., k A* -V*. w..�.,9,
Applicant's name
(Attach photograph here)
TARA L. NELSQ'N
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 10 20014030017
MV COMMISSION EXPIRES 0912612017
acomdev/county/pImning/boccforms or pz forms or ho forrns
1 fJ-+,-, y
�24-�— 44=
Signature
A
before me this-Tday of
Alah Ridm Avl
WITNESS MY HAND AND PFFICIAL SEAL
My commission ex ipc1ess: Aa* n t 2A
Of
1;iALr IViAYtA/\
NotanL Pbl'
'
Fa C. Nelsuvt
Notary Public's Signature
PUBLIC NOTICE
RE: Woodard Request for Constrained Site TDR
(CASE# P079-15; PID 2645-142-00-010)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,
December 2, 2015 at a regular meeting to begin at 12:00 PM or as soon thereafter as the
conduct of business allows, before the Board of County Commissioners, Plaza One
Conference Room, 530 East Main Street, Aspen to consider an application submitted by
Kent and Karen Woodard (PO Box 1567, Aspen, CO 81612) requesting the BOCC
determine that the parcel is undevelopable or severely restricted pursuant to the Land Use
Code, and grant a TDR. The property is located off Rural Mountain Way in the Shield O
Mesa area and is legally described as the W 1/2 of the NW '/4 of the SW '/4 of the NW '/4
of Section 14, Township 9 South, Range 86 West of the 6s' PM. The State Parcel
Identifications for this property is 2645-142-00-010. The application/resolution are
available for public inspection in the Community Development Department, City Hall,
130 S. Galena St., Aspen CO 81611. Comments or objections due by November 20,
2015. For further information, contact Suzanne Wolff at (970) 920-5093.
Jeanette Jones, Deputy County Clerk
Board of County Commissioners
Published in the Aspen Times Weekly on October 29, 2015.
Attention Applicant/Representative:
It is your responsibility to do the following:
1. Mail this Public Notice to all property owners and mineral estate owners within
300' of the subject property at least 30 days prior to the hearing with the return
address of the Community Development Department. 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 date of the public hearing
2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your
applicant letter) as proof of compliance with the Code at the hearing.
3. Pick up Public Notice sign from the Pitkin County Community Development
Department, 130 South Galena Street, Aspen, CO (970) 920-5526
4. Post the Public Notice sign on the property at least fifteen days (15) prior to the
hearing
5. Remove the Public Notice sign within one week after hearing date
http://pitkincounty.com/DocumentCenterNiewb261
9
HANCOCK LYNN A & JUDITH E BRIDGEWATER J MICHAEL 8 HELEN L ELK MOUNTAIN RANCH LLC
5599 SNOWMASS CREEK RD PO BOX 76 PO BOX 1085
SNOWMASS, CO 81654
GIUFFRIDA CHRISTOPHER D
11 BRIDLE LN
WARREN, VT 05674-0076
KREAGER TRISTAN
PO BOX 151383
ASPEN, CO 81612
WINDSTAR VALLEY RANCH LLC
PO BOX 1308
BLUEBELL, PA 19422 SAN RAFAEL, CA 94915 HOUSTON, TX 772511308
PUBLIC NOTICE'
DATE: Dec. 2, 2015
TIME: 12:00 PM
PLACE: 530 E. Main St.
Aspen, 81611
PURPOSE: BOCC review
of an application to
the parcel is constrained,
and (b) to -grant a TDR in -
lieu of development. The
applicants are Kent and
Karen Woodard.
PITIUN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX # (970) 920-5439
October 20, 2015
Alan Richman
PO Box 3613
Aspen, CO 81612
arichman(asooris.net
Re: Woodard Request for Constrained Site TDR
(PID 2645-142-00-010; Case P079-15)
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.
We have scheduled this application for review at a public hearing by the Board of County
Commissioners on Wednesday, December 2, 2015 at a meeting to begin at 12:00 P.M. in the Plaza
One Conference Room, 530 East Main Street, Aspen. Should this date be inconvenient for you,
please contact me within 3 working days of the date of this letter. After that the agenda date will be
considered final and changes to the schedule or tabling of the application will only be allowed for
unavoidable technical problems. The Friday before the meeting date, we will call to inform you that
a copy of the memo pertaining to the application is available at the Planning Office.
Please note that it is your responsibility to post a public notice sign on the property at least fifteen
days prior to the hearing (and remove it within one week after) and to mail notice to all property
owners and mineral estate owners within 300' of the subject property at least 30 days prior to the
hearing with the return address of the Community Development Department (copy of notice will
be sent to you by the Community Development Department). 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 date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing
as proof of compliance with the Code at the hearing.
If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093.
Sincerely,
Bonnie Shiles
Administrative Assistant
Encl: Affidavit of Notice (Code Section 2-20-100)
PITIQN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5526 FAX (970) 920-5439
MEMORANDUM
TO: Colorado Parks and Wildlife
Open Space and Trails
Shield O Mesa Road District
Snowmass/Capitol Creek Caucus
Aspen Valley Land Trust
FROM: Suzanne Wolff, Community Development Department
Suzanne.wolff(apitkincounty.com
RE: Woodard Request for Constrained Site TDR
(CASE P079-15; PID 2645-142-010)
DATE: October 20, 2015
Attached for your review are materials for an application submitted by Kent and Karen Woodward. The
Board of County Commissioners will review the application on Wednesday, December 2, 2015.
Please return your comments to me by Friday, November 20, 2015.
hqp://t)itkinco=.com/DocumentCenterNiew/6261
Thank you.
of I
6
" Xlh
Afi,lt`sy.
November 2, 2015
COLORADO
Parks and Wildlife
Department of Natural Resources
Glenwood Springs Area Office
D088 Wildlife Way
Glenwood Springs, CO 81601
Suzanne Wolff
Community Development
Pitkin County
130 South Galena Street
Aspen, CO 81611
RE: Woodard Parcel Constrained Site TDR Request
Dear Suzanne,
Colorado Parks and Wildlife (CPW) staff has reviewed the application materials for the
constrained site TDR request on the Woodard Parcel within Shield -0 Mesa Subdivision.
Additionally, on October 12, 2015 CPW Land Use Specialist, Taylor Elm, conducted an onsite
visit of the property with Colorado Wildlife Science's Jonathan Lowsky. During this field
visit, CPW verified that the elk winter concentration area on the north end of the parcel is
mapped correctly.
The amount of browsed vegetation, tracks and animal sign on the north slope of the parcel
suggests heavy to moderate use by elk and mule deer. Furthermore, the valley adjacent to
the parcel on the north side is a natural movement corridor for deer and elk transitioning
between summer and winter range habitats. CPW supports the transfer of development
rights from this parcel to protect important seasonal habitat for big game. Transferring
development from this property to a less sensitive location will reduce overall impacts to
wildlife species in this area.
Colorado Parks and Wildlife appreciates the opportunity to comment on this project. If
there are any questions or needs for additional information don't hesitate to contact Land
Use Specialist, Taylor Elm at (970) 947-2971 or District Wildlife Manager, Darren Chacon
at(970)947-2968.
Sincerely, /
Peritl, Area Wildlife Manager
Cc, Darren Chacon, District Wildlife Manager
Taylor Elm, Land Use Specialist
Fite
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Bob D. Brosdteid, Dvector, Cdorado Parks and Wilaile •Parks and Wdai(e Conunissim: Robert W. Bray. Chau I .^ M
Chris Castilian, lice Chair • Jeanne Home, Sevetary • John Hwrard, Jr. • Bill Nene • Dale P¢el • lames Pnbyt • James vigil ( ^
Dean Wingfield • Midtelle ZimmemLin • Aim Zipp `•� �
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PITKIN OUNTY COMMUNITY DEVELOMENT
Permit Receipt
RECEIPT NUMBER 00039158
Name: KENT WOODARD Date:10/16/2015
Project Address: 0 SHIELD O RD
Type: check # 3087
Permit Number
0079.2015. PLAN
0079.2015.PLAN
Fee Description
PP- Flat Fee
PP- Public Notice Fee
Amount
1.300.00
54.00
Total: 1.354.00