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HomeMy WebLinkAboutpitkin.planning.264326403001 (2016)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF TnE 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) L 0 Parcel ID: 2643-26-4-03-001 Application Date: 4/5/16 Description: Carroll Drive Properties LLC Activity Envelope Review Project Address: 1020 CARROLL DR, ASPEN, CO 81611 Property Owner: CARROLL DRIVE PROPERTIES Address: 314 CARROLL DR LLC ASPEN. CO 81611 Owner's REP: SARAH OATES REP's Email: smo@okglaw.com Referrals: ALL OTHER REFERRALS Comments Due Date: 06/06/2016 Case No: P029-16 Planner: Suzanne Wolff # Copies: 1 Allocated Hours: 6 % Over Hours: 7.2 Owner Phone: (970) 920-1227 Address: 533 E HOPKINS AVE, 3RD FLOC REP's Phone: (970) 920-1700 ASPEN, CO 81611 Other Referrals: Starwood HOA none Meetings: list Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 05/05/2016 Meeting Notes: vpn 7/21/16 Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 054-2016#630687 Other Information: VR Approval Date: 07/13/2016 Plat Recorded Date: 08/30/2016 VR Expires Date: 07/13/2019 Plat (Bk, PG): 8115 P57 #631799 Remarks: Application Type: Activity Envelope DECISIONS RECEPTION#: 630687. 07/15/2016 at 01:52:29 PM, 1 OF 6, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County. CO ADME41STRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PnXIN COUNTY, COLORADO, APPROVING THE CARROLL DRIVE PROPERTIES, LLC ACTIVITY ENVELOPE REVIEW Administrative Decision No.iq -2016 RECITALS 1. Carroll Drive Properties, LLC ("Applicant") has applied to the Pitkin County Community Development Director ("Director") to establish an Activity Envelopes for development of a single family residence and associated development. The Applicant has also proposed to establish an Access Envelope to encompass the existing driveway and a new access point from Carroll Drive and a Utility Envelope to encompass existing underground utility lines and associated above ground facilities. 2. The property is located off of Carroll Drive, and is more specifically described as Lot R -23A, Block 2, Starwood Subdivision. 3. The lot is zoned RS -20 and contains 4.055 acres. 4. Lot R-23 was originally approved by the Board of County Commissioners (BOCC) in 1964 on the plat for Starwood Two recorded in Plat Book 3 at Page 3. The BOCC approved a re -plat, which reconfigured Lots R-23 and R-25 into Lots R -23A and R -25A; the re -plat is recorded in Plat Book 4 at Page 254. 5. The parcel is vacant, with the exception of underground utilities, a transformer and meter, and the leach field for the residences on adjacent Lot R -53A and Lot 1 of the Ziff Lot Split. The Red Mountain Ditch traverses the lot. 6. The Director fmds that the lot is within a subdivision in the Rural Area approved by the BOCC prior to June 19, 2000, and, therefore, is exempt from growth management up to 5,750 square feet of floor area, pursuant to Sec. 6-30-100(b) of the Land Use Code ("Code"). 7. The Director further finds that the proposed Activity Envelopes comply with the Code, as follows: A. The wildfire hazard is mapped as severe, however, Jerry Peetz with Zone Wildfire LLC rated the hazard as medium, since the lot is within a shallow draw and the slopes average less than 20%, and the primary vegetation is aspen trees, which are fire resistant. The hazard can be mitigated. B. The activity envelope primarily contains slopes of less than 30%. Slopes in excess of 30% within the envelope are man-made anomalies, created by the construction of the irrigation ditch. The Code permits development in these areas of slopes in excess of 30%, pursuant to Sec. 70-20- 20(c)(3). C. The activity envelope avoids the open portion of the Red Mountain Ditch, but includes the culverted portion to the west of the driveway, where above and below ground utilities are located. Administrative Decision No.V2016 Page 2 D. The lot is within mapped mule deer and elk winter range. The lot is proximate to other developed lots in Starwood, so the development of the lot will have minimal additional impacts on wildlife. E. The lot is accessed from Carroll Drive, which is a private road that is maintained by the Starwood Homeowner's Association. F. The proposed access envelope provides an alternative access point off of Carroll Drive, as the existing road into the lot exceeds the maximum permitted grade of 12% for a driveway. Utility lines will remain within the existing corridor, but the access will be realigned. G. The lot is within the mapped Scenic View Protection Area (SVPA) and proposed development will be reviewed pursuant to the SVPA standards at Site Plan Review. NOW THEREFORE BE TT RESOLVED by the Pitkin County Community Development Director that he does hereby approve the Carroll Drive Properties, LLC Activity Envelope Review, subject to the following conditions, which shall run with the land and be binding on all successors in interest. 1. The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any building permit applications, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7-10-50 of the Code. 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 Director 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. The Activity Envelope Plan shall be revised as follows, prior to recordation: A. Designate a Utility Envelope to the north of the Access Envelope, to encompass the existing utility lines. B. Revise the label "Approximate Leach Field" to specify the lots that are served by the field and reference the easement, if applicable. 4. Concurrent with submission of a building permit application for the residence, the Applicant shall: A. Provide proof of an adequate water supply (in terns of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. B. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If the development disturbs one (1) acre or more, the Applicant shall apply for and obtain a State Stormwater Permit. All historic and natural drainage patterns shall be maintained. Stormwater shall be detained onsite and allow infiltration of runoff prior to discharge. C. Submit a construction management plan for review and approval by the Planning Engineer. D. Complete a fireplace/woodstove permit from the Community Development Department. E. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. F. Submit a tree mitigation plan if any trees with larger than 6" DBH are to be removed. G. Submit a lighting plan. Administrative Decision No.,5!t-2016 Page 3 5. Prior to issuance of a building permit application, the Applicant shall: A. Pay the applicable road and employee housing impact fees. B. Obtain a driveway/access permit to realign and improve the driveway to the residence. Stamped engineered drawings demonstrating compliance with the applicable standards of the Asset Management Plan shall be submitted with the permit application. The permit shall be reviewed and approved by the Planning Engineer and the Aspen Fire Protection District. C. Obtain a fireplace/woodstove registration form with the Community Development Department, if necessary. 6. The Applicant shall comply with all of the codes and requirements of the Aspen Fire Protection District, including but not limited to access, turning around of fire apparatus, installation of approved fire sprinkler systems in all structures, and water supply for fire -fighting. 7. The Applicant shall comply with the following standards for Development in a Medium 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). Riparian vegetation shall not be removed outside of the Activity Envelope, unless approved at Site Plan Review as part of a site specific wildfire mitigation plan. 1. Brush, debris, and non -ornamental vegetation shall be removed within a minimum 15 foot perimeter around the structure. 2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the structure. 3. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel. 4. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. 5. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. 6. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 7. The density of fuels within a 100 foot perimeter of the structure shall be reduced. 8. All deadfall within the 100 foot perimeter shall be removed. 9. Low vegetation shall be maintained within a 10 foot perimeter around all structures. 10. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 3 Administrative Decision No.6q -2016 Page 4 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: I . All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3. All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. 5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Roof Venting: Soffit venting shall be located in the outer 1/3 portion of the overhang. Attic, soffit and other roof venting shall be of non -corrosive metal mesh with maximum %d' openings. D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: 1. Sheath with non-combustible materials, or 2. Combustible materials underlain with 5/8" Type X gypboard or equal, or 3. Minimum 4x6 rafters with 2x T&G decking. E. Decks, Decking, Cantilevered Floors, or other Projections below the Roofline: Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. F. Roofs and gutters shall be kept clear of debris. G. Yards shall be kept clear of all litter, slash, and flammable debris. H. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. 1. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. J. Ponds shall be accessible to Fire Department vehicles. K. Fences shall be kept clear of brush and debris. L. Wood fences shall not connect to the structure. M. Fuel tanks shall be installed underground with an approved container. N. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above- ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire -resistive construction on the exterior side of the walls. O. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. P. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. Q. New utilities shall be buried within the Activity Envelopes. rd Administrative Decision No. a-2016 Page 5 8. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. 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. B. 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. C. Manipulation of vegetation outside of the activity envelope is prohibited, except as necessary for weed management or to comply with the wildfire hazard mitigation measures. D. Fruit bearing trees and shrubs shall be prohibited. E. Trash/garbage shall be kept in an approved bear resistant container or enclosure as required by the County's Wildlife Protection Ordinance. F. Dogs shall be kenneled within 50' of the residential buildings or leashed under human supervision when outside the required kennel. G. Construction workers shall be prohibited from bringing dogs on-site. H. Composting shall be restricted to yard waste. I. 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. 9. Floor area shall be limited to a maximum of 5,750 square feet, without the use of a TDR(s) or a growth management allotment. Floor area shall be calculated based on the definition in effect at the time of building permit application. 10. No development, including grading, excavation, fill placement, berrning, landscaping, entry gates, well, on-site wastewater treatment system and vegetation removal or disturbance shall occur outside of the approved Activity Envelopes, except wildfire mitigation. 11. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the activity envelopes and install construction fencing around the perimeter of the envelopes. The fencing shall remain in place until issuance of Certificate of Occupancy. No vegetation shall be damaged or removed outside the activity envelope. 12. Areas disturbed by construction shall be revegetated no later than one growing season after completion of work. 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. Any structures represented in the application may not be permitted under building and zoning regulations. Administrative Decision NoOL-2016 Page 6 14. No 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. 15. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property 16. 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 the Pitkin County Land Use Code § 4-140 andR.S., § 24-68-105. The statutory vested rights granted herein shall expire on. . (, 1 2019. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TWES WEEKLY on the 5'h day of May, 2016. APPROVED BY THE DIRECTOR this J3 day ofa lel , 2016. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asnen Times Weekly on the L day ofSl1�, 2016. Cin ouben, UU Community Development Director Case #P029-16 PID# 264326403001 ri APPLICATION MATERIAL LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ, KELLY Ss MORROW, P.C. PROFESSIONAL CORPORA NON THIRD FLOOR, ASPEN PCNA BUILDING 533E HOPKINSAVENUE ASPEN.COLORADO 8IE11 NMW U!W KLA'N COM LEONARD M OATES TELEPHONE (970) 91700 RICHARD A KNEZEVICH FACSIMILE (970) 920.11^_ 1 TEDD GARDENSWARR DAVID R. KELLY DIRECT 197015Kn MARIA MORROW OF COUNSEL. STEPHEN CONNOR slno�M'GWv cu°1 ANNE MARIE MCPHEE SARAH M OATES STEPHANIE HOLDER OREYZURDUCH June 3, 2016 VIA HAND -DELIVERY Suzanne Wolff, Senior Planner Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Second Revised Activity Envelope Review —Lot R -23A, Block 2, Starwood Subdivision Dear Suzanne: Enclosed please find the second revised Activity Envelope Plan for Lot R -23A, Block 2, Stanwood Subdivision located at 1020 Carroll Drive, Aspen, Colorado ("Property"). As you are aware, the applicant, Carroll Drive Properties, LLC ("Applicant") is seeking to establish an Activity Envelope, pursuant to Pitkin County Code ("Code") Section 2-30-20(g)(3). Our office filed the Application on April 12, 2016 with Pitkin County and submitted a revised Activity Envelope plan on May 9, 2016. Upon additional examination of the field conditions on the Property, the Applicant determined the proposed Activity Envelope Plan needed to again be revised. Specifically, this second revision includes within the Activity Envelope the area where the utilities are currently in place from the property line to the proposed Activity Envelope. Additionally, the proposed road location and design have been revised so that less fill will be required when the access road is installed. The rest of the proposed Activity Envelope will remain unchanged. I am including one (1) 11 x17" copy of the revised Activity Envelope Plan and one (1) 2406" with this letter for your review. Please contact me if you have any questions or need additional information. IQ�-p3 OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. Second Revised Activity Envelope Review — Lot R -23A, Block 2, Starwood Subdivision June 3, 2016 Page 2 Cc: Rocky Tschappat (via a -main Enclosures I Sincerely, OATEs, KNEZEVICH, CARDENSWARTZ, KELLY & MORROW, P.C. By Sarah . ates f SITE -LEGEND ®- EM4e ]mMreml. 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TELEPHONE (970) 920-1700 FACSIMILE (970) 92(41121 DIRECT(970)544-1853 sm @&91a c VIA HAND -DELIVERY Re: Revised Activity Envelope Review —Lot R -23A, Block 2, Starwood Subdivision Dear Suzanne: Enclosed please find the revised Activity Envelope Plan for Lot R -23A, Block 2, Starwood Subdivision located at 1020 Carroll Drive, Aspen, Colorado ("Property"). As you are aware, the applicant, Carroll Drive Properties, LLC ("Applicant") is seeking to establish an Activity Envelope, pursuant to Pitkin County Code ("Code") Section 2-30-20(g)(3). Our office filed the Application on April 12, 2016 with Pitkin County. Upon examination of the field conditions on the Property once the snow melted, the Applicant determined the proposed Activity Envelope Plan needed to be revised and expanded to accommodate additional infrastructure on the Property-. rhe proposed Activity Envelope has been expanded to include an existing road that is too steep to meet Pitkin County's requirement for a driveway but that will be used to run the water line from the property line to the area where the residence will be built (as yet to be determined). Additionally, there are utilities and transformers near a ditch that is located on the Property. The revised .Activity Envelope Plan has been amended to include these utilities and transformers in the proposed Activity Envelope. ew changes are located on the northeastern portion of the property. The rest of the proposed !l,;tivity Envelope will remain, unchanged. I am including one (1) 11x17" copy of the revised Activity Envelope Plan and one (1) 2406" with this letter for your review. l0� 3 OATES, KNEZEVTCH, GARDENSWARTZ, KELLY & MORROW, P.C. Revised Activity Envelope Review — Lot R -23A, Block 2. Starwood Subdivision May 9, 2016 Page 2 Please contact me if you have any questions or need additional information. Cc: Rocky Tschappat (via e-mail) Enclosures `/ Sincerely, OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. By Sarah M. Oates 3 Activity Envelope Plan Lot R -23-A & Lot P-23 Starwood Two Pitkin County, Colorado br Nz>-A slwNDro Ip MM6RL m M IXRAI a wrs N -v MID N -a nMw *AN. ADpINm r.X v, an w R.Ar BDaN . Nr XA¢ a n M arI¢ N M Xndl rwlR dcNx MN acdeAM. tlDlFi 1. M1b mm Im E[n pNxk WNmI b dNnl [eW[.1 M m A[IMII fIILN[R flOn. x Ilnib M IM mwvennb m ApnM n A Srwr rrt I. 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N RAi OD'l _ AL /.WL � AS Md➢BOI NC. BC NWl AIN IEQMRB OATES, KNEZEVICH, LEONARD M. OATES RICHARD A KNEZEVICH TED D. GARDENSWARTZ DAVID KELLY MARIA MORROW OF COUNSEL STEPHEN R. CONNOR ANNE MARIE MCPHEE SARAH M. OATES STEPHANIE M. HOLDER COREY ZURBUCH LAW OFFICES OF GARDENSWARTZ, KELLY PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533E HOPKINSAVENUE ASPEN COLORADO.81511 1MlWY OKOKt W CON April 4, 2016 Suzanne Wolff, Senior Planner Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 & MORROW, P.C. TELEPHONE (970) 92D-1700 FACS IMILE(970) 920A 121 DIRECT(970)544-1853 w.@akal . VIA HAND -DELIVERY Re: Activity Envelope Review —Lot R -23A, Block 2, Starwood Subdivision Dear Suzanne: Enclosed please find an application for Activity Envelope Review for Lot R -23A, Block 2, Starwood Subdivision located at 1020 Carroll Drive, Aspen, Colorado ("Property"). The applicant, Carroll Drive Properties, LLC ("Applicant") is seeking to establish an Activity Envelope, pursuant to Pitkin County Code ("Code") Section 2-30-20(g)(3). Additionally, the Applicant had planned on seeking approval to establish an Activity Envelope for the Onsite Wastewater Treatment System ("OWT'S") on the adjacent parcel to the southwest (PIN 2643-264-99999 and designed as "P-23" on the subdivision plat) which is commonly referred to as the "Pasture Tract" and is owned by the Starwood Homeowner's Association ("SHOA"). The Applicant has determined it will not pursue this request with SHOA or with Pitkin County at this point in time and will site the OWTS on the Property. SUMMARY OF PRIOR APPROVALS The Property is a vacant parcel approved by the Pitkin County Board of County Commissioners in 1972. Although the Property has previously been subdividcd as part of Starwood Two, a replat was approved on May 8, 1972, and said plat is recorded in Book 4 at Page 254 in the records of the Pitkin County Clerk and Recorder ("Records"). The replat reconfigured parcels R-23 and R25 into R -23A and R -25A - which is the current cont',g;:ration. Both parcels are designed as"Residential Tracts" pursuant to the SHOA Covenants. / oS s -y OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. Activity Envelope Review — Lot R -23A, Block 2, Starwood Subdivision April 4, 2016 Page 2 R -23A has been a vacant parcel since its creation in 1972. The Applicant acquired the Property in 1987. There has never been a 1041 Review, the establishment of a building envelope, activity envelope, site plan review, etc. for the Property. The Applicant is seeking to establish an Activity Envelope. There are no current plans for any improvements on the Property and the Applicant understands that further site specific review will be required prior to any future building permit submittal. ITEMS INCLUDED WITH APPLICATION As part of this application I have included the following items: 1. Draft Activity Envelope Plan for the Property and Pasture Tract; 2. Attorney Title Certificate for Proof of Ownership; 3. Wildfire Hazard Analysis and Mitigation Report; 4. A Vicinity Map with a Street Address for the Parcels; 5. An check in the amount of $2,004 for the application fee; 6. Executed Fee Agreement; 7. Letter of Consent from Carroll Drive Properties, LLC; 8. Land Use Code Criteria with Applicant Responses; 9. A Copy of the Pre -Application Conference Summary. Please contact me if you have any questions or need additional information. Cc: Rocky Tschappat (via a -main Enclosures GI Sincerely, OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. By Sarah M. Oates Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review 2-30-20(G)(1) & (3): ACTIVITY ENVELOPE CRITERIA FOR APPROVAL 20-30-200(1), General. In addition to the criteria in subsections (2) through (20) below, an application for administrative review shall be approved if it complies with (a) all applicable provisions of the Land Use Code, (b) all applicable Land Use Polices listed in Sec. 1-60, and (c) all prior development approvals applicable to the subject property. APPLICANT'S RESPONSE: The application complies with all applicable provisions of the land use code, as addressed below, all applicable Land Use Policies listed and Sec. 1-60 and all prior development approvals. The Property was approved as a residential tract pursuant to Starwood Two Subdivision and a subsequent re -plat of the Property. There have not been any additional land use approvals for the Property. 20-30-200(3), Activity Envelope: An application for designation of an Activity Envelope shall be approved if it complies with the standards and criteria established in Sec. 7-10-50. If the applicant chooses to apply for definition of an Activity Envelope separately from approval of a Site Plan, the Activity Envelope shall be designed to accommodate the largest home anticipated and related septic field on the site pursuant to Table 5-1. Use of TDRs for additional floor area to increase the house size above the base maximum outlined in Table 5-1 shall be reviewed through the Site Plan process. The definition of an Activity Envelope based on a maximum house size and septic field shall not create any presumption that a Site Plan for a house at the same size can or will be approved pursuant to this Land Use Code. The applicant may specify that the Activity Envelope is being created for a house smaller than tl:e maximum allowed under Table 5-1, and in that event the Activity Envelope will be designated to accommodate a house and septic field of that size. Where the property contains Constrained Areas, the Community Development Department staff shall follow those Priorities for Locating New Activity or Development listed in Sec. 7-10-60. Actual siting of the septic field shall require final approval pursuant to the Environmental Health and Natural Resources On -Site Wastewater Treatment regulations. Certain development may be exempt from Site Plan Review, pursuant to Sec. 7-10-30. The procedure for approval of an Activity Envelope shall be the same as specified in subsection 2(b) above. APPLICANT'S RESPONSE: The Applicant is requesting that an Activity Envelope be designated separately from approval of a Site Plan. The proposed Activity Envelope is .925 acres in size and can accommodate the maximum house size which can or will be approved pursuant to this Land Use Code. Although there are no plans currently for a residence on the Property, Starwood is a TDR receiver site and up to a 15,000 square foot house could be built with the use of TDRs. The Applicant is not representing if TDRs will be used on the Property or not but the Applicant has taken the potential maximum house size into Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review consideration with the proposed Activity Envelope. The Activity Envelope is also sized so that it can accommodate a OWTS. The Property has areas in excess of 30% slope. The proposed Activity Envelope avoids most of these areas and there is room within the proposed Activity Envelope to build a residence and accessory structures with building on areas in excess of 30% slope. The Property is also located in a designated Wildfire Hazard area and mapped as a severe hazard. We have provided a copy of the Wildfire Hazard Analysis and Mitigation Report by Zone 1 Wildfire, LLC, dated , with this application. 6-10-100(B), GROWTH MANAGEMENT EXEMPTION FOR A BOARD OF COUNTY COMMISSIONERS APPROVED SUBDIVISION LOT: (1) The development of residential floor area on a lot or parcel in the following situations is exempt from GMQS, subject to compliance with the standards in this section: a. A subdivision within the Rural Area approved by the Board of County Commissioners prior to June 19, 2000, and a subdivision within the Aspen Urban Growth Boundary approved by the Board prior to 5'h of July, 2006. APPLICANT'S RESPONSE: The Property is located in the Starwood Subdivision. It was originally approved as part of the Starwood Two Subdivision in 1964, and was re -plated in 1972. The Property is located in what is considered a Rural Area and the subdivision in which the Property is located was approved by the Board prior to June 19, 2000. 7-10-50, SITE PLAN AND ACTIVITY ENVELOPE: (a) The intent of this Chapter 7 is to allow activities and development to take place where they comply with the provisions of this Land Use Code and with the Pitkin County Comprehensive Plan for the area Compliance will generally involve avoidance of "Constrained Areas" through the identification of an "Activity Envelope," as well as approval of a Site Plan. For purposes of Chapter 7, "Constrained Areas" include all areas included in each of the following catetories, as defined and regulated by this Land Use Code: (i) Areas of Statewide Interest listed in C.R.S. 24-65.1-101, et seq., (ii) steep and potentially unstable slopes, (iii) water courses, drainage channels, and areas subject to erosion, (iv) flood plane hazard areas, (v) geologic hazard areas, (vi) severe or low to moderate wildfire hazard areas, (vii) wildlife habitat areas, (viii) river and stream corridors and wetlands, (ix) irrigated lands for food or crop production, (x) historic preservation areas, and (xi) archeological resource areas. APPLICANT'S RESPONSE: The Property contains areas with (ii) step and potentially unstable slopes (iii) water courses, drainage channels and/or areas 9 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review subject to erosion and is in a mapped (vi) severe wildfire hazard area and a mapped (vii) wildlife habitat area for mule deer and elk winter ranch. The proposed Activity Envelope has been located such that it generally avoids slopes which exceed thirty (30) percent, the Applicant has provided a Wildfire Hazard Analysis and Mitigation Report to mitigate wildfire hazards when and if the Property is developed and as part of the Report, the Applicant is requesting the wildfire hazard be lowered to "Moderate." The drainage/water course and wildlife habitat criteria are addressed below. (b) The Site Plan process incorporates an "Activity Envelope" approach in which the County staff works with the applicant to determine which portions of the site (if any) would permit the proposed activity or development to be conducted in compliance with this Land Use Code and in conformity with the Comprehensive Plan for the area. In general, this process will involve both a determination of (i) which portions of the site are not available for development because of the existence of Constrained Areas, and (ii) the remaining portions of the site, which areas would accommodate the activity or development so as to minimize impacts on surrounding properties, maximize compliance with the requirements of the development standards in Chapter 7, and maximize compliance with the Comprehensive Plan goals and objections. APPLICANT'S RESPONSE: This criterion is met. The Activity Envelope is sited so that it avoids steep slopes as defined in the Land Use Code. Any development will have to comply with conditions of approval with respect to mitigating the wildfire hazard, drainage/water courses and/or wildlife habitat on the. The proposed Activity Envelope complies with the Comprehensive Plan and complies with the requirements of the development standards in Chapter 7. (c) In general, the defined Activity Envelope for development for primary uses shall be large enough to accommodate the proposed principal use of the property and traditional permitted accessory structures, infrastructure (roads and septic systems), and uses but should not be significantly larger than the area needed for such structures. In the case of a site with few Constrained Areas, the defined Activity Envelope may include more than one potential building site for a new single family home. The defined Activity Envelope may include non-contiguous areas (included separate areas for septic fields, landscaping, driveways to public roads, mitigation measures required in connection with any provision of this Chapter 7, and/or areas to be disturbed only during construction of the property — including staging areas and materials storage areas). Construction trails will not require an Activity Envelope analysis except as required by Sec. 7-20-50. APPLICANT'S RESPONSE: The proposed Activity Envelope is large enough to accommodate the proposed principal use of the Property and traditional accessory structures. The proposed Accessory Envelope includes the proposed access to the Accessory Envelope on the Property and septic can be accodated on the Property as well.. There is also sufficient area within the proposed Activity Envelope for areas to be disturbed only during construction of the Property. Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review (d) Clear, grading or grubbing of two hundred (200) square feet or more in area, earthmoving of fifty (50) cubic yards or greater, or changes in the natural drainage of the site shall occur only after an Activity Envelope has been defined and all applicable local, state and federal permits have been obtain. In addition, Site Plan Approval is required if these activities will occur on a property within a Scenic View Protection Area and the development is not exempt pursuant to Sec. 7-20-210(c). APPLICANT'S RESPONSE: This review is for the designation of an Activity Envelope only. The Applicant is aware that it or its successor -in -interest must go through Site Plan Review with the County prior to any development occurring on the Property. The Applicant has no plans to clear, grade or grub the Property and such activity will not be done until the proper approvals are in place for the Property. (e) Activity Envelope and Site Plan Review for a Stream Restoration Project shall adhere to all development standards in 7-20-40 and 7-20-80 and sham be reviewed by the BOCC as set forth in Table 2-1. APPLICANT'S RESPONSE: There is no proposal for a stream restoration project nor is the Property close to a floodplain, or river and stream corridors and/or wetlands as designated in the Code. (n Once an Activity Envelope has been defined, the natural grade, topography, vegetation and drainage of areas outside the defined areas shall not be disturbed except as specifically permitted in this Land Use Code. Prior to any development activity on the parcel, the boundaries of the Activity Envelope shall be identified with construction fencing, and such fencing shall remain in place until development has been completed APPLICANT'S RESPONSE: No development activity is proposed for the Property at this time. The Applicant and/or its successor -in -interest shall meet any Code requirements with respect to disturbance (or lack thereof) outside of the Activity Envelope and any construction management requirements include fencing the boundaries of the approved Activity Envelope. (g) While it is preferable to obtain approval of an Activity Envelope as part of the Site Plan approval process, applicants who are not prepared to submit a Site Plan for a specific structure may request approval of an Activity Envelope separately. Prior to the issuance of a Development Permit, the applicant shall be required to apply for and obtain approval of a Site Plan confirming that the proposed development is consistent with the defined Activity Envelope and with other standards in this Land Use Code not considered at the time the Activity Envelope was defined. APPLICANT'S RESPONSE: The Applicant is requesting designation of an Activity Envelope only, as the Applicant is not prepared to submit a Site Plan for a specific structure. The Applicant, who has owned the Property for close to 4 C_o Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review 30 years, is planning on listing the Property for sale and believes it is prudent to allow a future buyer/owner to present a specific structure for the Property as part of a Site Plan review. The Applicant is aware that further Site Plan review is required and that the County may review other Land Use Code standards prior to the issuance of a Development Permit and/or Site Plan approval. (h) The standards in this Chapter 7 shall be used (i) to identi the Activity Envelope on a property, (ii) to review and approve the Site Plan for proposed development, and (iii) to regulate development within the Activity Envelope pursuant to the Site Plan. Development Standards in this Chapter 7 which are to be reviewed as part of the Activity Envelope and Site Plan review are set forth in Table 7-1 below. APPLICANT'S RESPONSE: Pursuant to the pre -application conference summary for designating an Activity Envelope on the Property the following Development Standards must be addressed: Site Preparation & Grading, Steep and Potentially Unstable Slopes, Water Courses and Drainage, Wildfire Hazard and Wildlife Habitat. This Development standards are addressed individually below. 7-10-60: PRIORITIES IN LOCATING ACTIVITY OR DEVELOPMENT When a property contains Constrained Areas where proposed activity or development could no comply with this Land Use Code or the Pitkin County Comprehensive Plan, the following order of priority shall be followed: (a) Avoidance: The activity or development shall be located on a portion of the site that is free from Constrained Areas and where the proposed activity or development would comply with this Land Use Code and the Comprehensive Plan, if such an area exists. APPLICANT'S RESPONSE: The Property is located entirely in mapped severe Wildfire Hazard and Wildlife Habitat areas therefore this areas cannot be avoided. The Applicant has submitted a Wildfire Hazard Analysis and Mitigation Report to address any wildfire mitigation requirements, is requesting the wildfire hazard be lowered to "Moderate" and will be subject to any conditions of approval by the County with respect to the Wildlife Habitat areas. The Property also has areas of steep and potentially unstable slopes — which will be avoided should the Property to be developed. There are sufficient areas on the Property on which to construct a residence and any accessory structures on slopes that are less than 30%. Any site preparation and grading will comply with the Land Use Code and any requirements with regards to drainage and water courses will also be met and any historic drainage, etc. will be avoided to the extent it is reasonably practical. Each of these criteria is addressed more specifically below. G. Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review (b) Adjustment of Range, Size, or Intensity of Proposed Activity or Development or Activity If there is no adequately size area on the property that would avoid Constrained Areas and would allow the proposed activity or development to occur in compliance with this Land Use Code and the Comprehensive Plan, the range of permitted activities and/or the permitted density or intensity of development and/or the maximum size of a permitted activity or development may be limited to bring the proposal into compliance with this Land Use Code and the Comprehensive Plan. If the Community Development Department determines that the proposed development can only occur in compliance with this Land Use Code and the Comprehensive Plan if the maximum structure size on a lot or parcel that is not subject to an FAR limited is reduced to less than five thousand seven hundred fifty (5,750) square feet, the application shall automatically be converted to a One -Step Review before the Board of County Commissioners. The Scenic Kew Protection standards of Sec. 7-20-120 shall not be utilized to reduce the maximum gross floor area of permitted development to less than 5,750 square feet. Because the full impacts of a proposed development or activity can only be determined at the time of Site Plan review, this review will normally not occur if the applicant requests approval of an Activity Envelope alone, but will be reserved until submission of a Site Plan. APPLICANT'S RESPONSE: This application is for Activity Envelope review only. Nonetheless, the Property is located in a developed subdivision that has been in existence since the 1960s. Constrained Areas on the Property can either be avoided or properly mitigation to ensure compliance with the Land Use Code. (c) Administrative Modification of Standards (1) If there is no adequately sized area on the property that would avoid Constrained Areas and would allow the proposed activity or development to occur in compliance with this Land Use Code and the Comprehensive Plan, even after adjustment of the proposed activity pursuant to subsection (b) above, because of the conflicting requirements of two or more standards pursuant to Sec 2-20-10(c) would allow compliance with the remainder of the standards, then an Administrative Modification may be made. (2) In determining what type of Administrative Modification should be approved, the Community Develoment Director shall give priority to strict compliance with those standards affecting human health and safety over other development standards. In addition, the Community Development Director shall give priority to strict compliance with those standards affecting human health and safety and wildlife habitat over the scenic view protection standards and guidelines. For purposes of this Chapter 7, standards affecting human health and safety include Sec. 7-20-20, 7-20-40, 7-20-50, and 7-20-60. (3) Because the full impacts of a proposed development or activity can only be determined at the time of Site Plan review, this review will normally not 0 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review occur if the applicant requests approval of an Activity Envelope alone, but will be reserved until submission of a Site Plan. APPLICANT'S RESPONSE: The Applicant is requesting Activity Envelope review alone. Nonetheless, Constrained Areas can either be avoided or mitigated and the full impacts of any future development can be addressed at the time of Site Plan review. (d) Prohibition: The proposed activity or development may be prohibited if the proposed activity or development: (1) Does not meet the standards of this Land Use Code and/or is not in compliance with the Pitkin County Comprehensive Plan; and (2) Cannot be modified pursuant to subsection (b) above (Le. there is not portion of the site where the activity or development can occur, even in a limited form, while avoided Constrained Areas and in compliance with this Land Use Code and the Pitkin County Comprehensive Plan); and (3) A permitted Administrative Modification would not bring the application into compliance with this Land Use Code and the Pitkin County Comprehensive Plan. APPLICANT'S RESPONSE: The proposed activity (e.g. establishment of an Activity Envelope for future Site Plan review and potential construction of a residential and accessory structures) meets the standards of this Land Use Code and is in compliance with the Pitkin County Comprehensive Plan. The Property is located in a subdivision that was approved by the BOCC in the 1960s and 1970s. Many, if not most, of the lots in Starwood are already developed with residences and accessory structures. Constrained Areas on the lot can be avoided or properly mitigation. 7-20-10: SITE PREPARATION AND GRADING (a) Grading and Fill Placement Grading and filling on site shall take place only within a defined Activity Envelope. All grading and fill placement that exceeds fifty (S) cubic yards shall be indicated on the Site Plan. APPLICANT'S RESPONSE: All grading and filling shall take place only within the defined and approved Activity Envelope. As the Applicant is requesting Activity Envelope review separate from Site Plan review, no grading and fill placement is indicated on the Site Plan and grading and fill placement will be addressed at the time of Site Plan review. 7 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review (b) Clearing, Grubbing, and Vegetation Removal Clearing or grubbing of land, or removal of vegetation shall take place only within an approved Activity Envelope except for the removal of noxious weeds. Each Site Plan shall document compliance with the requirements of this Sec. 7-20-10(b) and Sec. 7- 20-130. APPLICANT'S RESPONSE: There is no plan to clear or grub the land, except for the remove of noxious weeds. Any future development will be subject to the Land Use Code requirements including limiting such activity to the Activity Envelope and documenting compliance with this Sec. 7-20-10(b) and Sec. 7-20- 130 shall occur at Site Plan review. (c) Protection of Natural Terrain The County Planning Engineer or Community Development Director shall suggest and may required design and construction techniques that lessen or mitigate any physical and visual damage caused by the proposed activity or development to Constrained Areas or to the natural terrain, stream vegetation, and other natural features of landscape within the Activity Envelope. Techniques shall include, but are not limited to: (1) Revegetation: Revegetation and reforestation utilizing native or similar horticultural material, to be completed during the first planting season after construction; where vegetation is removed, it shall be replaced with vegetation that will reach similar density and height to that removed within two (2) years following conclusion of construction APPLICANT'S RESPONSE: There is no plan to remove vegetation with this Activity Envelope review for the Property. Any future removal of vegetation shall be subject to the Land Use Code requirements for revegetation. (2) Topsoil: Removing and saving topsoil prior to any grading or excavating and replacement for revegetation. APPLICANT'S RESPONSE: There is no proposal to remove topsoil at this point in time. Any future removal and replacement shall occur after Site Plan review and shall be subject to any conditions of approval and the requirements of the Land Use Code. (3) Weed Prevention: Weed prevention, thistle management, and prohibition of non-native plants, which may include reducing animal damage to vegetation cover, as determined by the United States Soil Conservation Service Soil Survey. 10 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review APPLICANT'S RESPONSE: The Applicant is already proactive with weed prevention and thistle management on the Property. Any future development shall be subject to any conditions of approval for the Property as well as the requirements of the Land Use Code. (4) Utility Installation: Locating and installing utilities in a manner minimizing damage to the natural environment and scenic quality. APPLICANT'S RESPONSE: This Property is already serviced by utilities. Although utility lines will need to be run to the structures within any designated Activity Envelope, there is a transformer, meter and underground utility lines on the Property. (5) Erosion, Sedimentation, and Storm water Management (a) Land uses shall. 1. No cause erosion problems and, if practicable, retain all soil on site; 2. Minimize disturbance of natural vegetation and soil cover, 3. Ensure that all cuts and fills are adequately designed and vegetated to control erosion as well as stability of the slope area; 4. Ensure that natural drainage patterns are preserved and protect from increased waterJlows and subject existing channels and adjacent areas to increased erosion; and 5. Preserve natural vegetation and soil cover within those buffer distances adjacent to rivers, streams, lakes, reservoirs and wetland/riparian areas established in Sec. 7-20-80 APPLICANT'S RESPONSE: Any future development will require a soils report, engineered plans and additional review as part of Site Plan review. The Activity Envelope has been sited as to avoid steep slopes which will help alleviate any concerns with regards to drainage patters and slope stability. There are no rivers, streams, lakes, reservoirs and wetland/riparian areas on the Property or within the setback limits as prescribed in the Land Use Code. The Property shall be subject to conditions of approval of any Community Development and/or Board or Commission approval as well as the requirements of the Land Use Code with respect to erosion, vegetation, drainage, etc. (b) Mitigation measures identified in an approved erosion, sedimentation, or storm water management plan shall remain in place until revegetation is viable. APPLICANT'S RESPONSE: Such plan and mitigation measures shall be developed and/or identified at the time of Site Plan review. 9 11 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review 7-20-20: STEEP AND POTENTIALLY UNSTABLE SLOPES The following provisions shall apply whenever steep slopes or potentially unstable slopes occur within the Activity Envelope, but do not apply when the Activity Envelope has been defined to avoid such areas: (a) Slope Delineation Slopes shall be delineated within the Activity Envelope with two (2) foot contour intervals. Slopes between each two (2) foot contour in each of the following categories shall be designed by a distinct graphic pattern (1) Slopes that are fifteen (15) percent or greater, but less titan thirty (30) percent; (2) Slopes that are thirty (30) percent or greater, but less than forty-five (45) percent; (3) Slope that are forty-five (45) percent or greater APPLICANT'S RESPONSE: Included in this application is the draft Activity Envelope Plan which delineates the slopes that exceed fifteen, thirty and forty-five percent slopes. (b) Forty-five (45) Percent or Greater Gradient Development is prohibited on slopes with a slope gradient equal to or exceeding forty- five (45) percent except: (1) Where: a. The lot is in a legally plated subdivision, recorded prior to 1972, and b. There is no alternative building site that avoids areas of slope exceedingforty-five (45) percent, and c. An engineer or geologist licenses in the State of Colorado demonstrates that the site can be engineered so that there is no Hazard posed by the location of development on such slopes, and d. The proposed development complies with all standards in subsection (c)(1) belohv applicable to slopes of thirty (30) percent or greater. APPLICANT'S RESPONSE: Although there are areas within the Activity Envelope which exceed forty-five (45) percent, there is substantial area within the Activity Envelope to avoid building on forty-five (45) percent slopes. Should a future owner request to building on these areas, that owner will need to meet any Land Use Code requirements including Subsection (1) above or Subsections (c)(3) and/or (c)(4) below. 10 U Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review (2) As provided in subsections (c)(3) or (c)(4) below. APPLICANT'S RESPONSE: Should a future owner request to build on these areas, that owner will need to meet any Land Use Code requirements including Subsection (1) above or Subsections (c)(3) and/or (c)(4) below. (c) Thirty (30) Percent or Greater Gradient Development is prohibited on slopes with a slope gradient of thirty (30) percent or more, except as follows: Development is prohibited on slopes with a slope gradient of thirty (30) percent or more, except as follows: (1) No Alternative Building Site There is no alternative building site available on the parcel with slopes of less than thirty (30) percent, development (but not roads or driveways) may be approved by the Community Development Department through the Site Plan process subject to the following standards. APPLICANT'S RESPONSE (please note Applicant did not address Subsections a -d as these items are specific to Site Plan review): There are areas on the Property on which structures may be built where the slope does not exceed thirty (30) percent. Should a future applicant wish to develop on slopes in excess of thirty (30) percent, that applicant must address and meet the requirements of the Land Use Code. (2) Parcels with Some Areas of Less Than Thirty (30) Percent Slope a. If a parcel contains areas with less than thirty (30) percent slopes that are accessible by a road or driveway that meets the requirement of this Land Use Code, but such areas (after exclusion of Constrained Areas) are not large enough to develop the. floor area permitted by underlying zoning, then the areas containing slopes of less than thirty (30) percent must be utilized to develop as much of the floor area as can feasibly be accommodated Areas containing slopes of thirty (30) percent or greater (but not exceeding forty-five (45) percent) may then be used for development of the remainder of the permitted floor area. The resulting area specified for development should define a contiguous area with slopes of less than (30) percent to the maximum extent possible. b. Development on slopes equal to or exceeding thirty (30) percent (but less than or equal to forty-five (45) percent) shall be subject to the development standards in Sec. 7-20-20(c)(1)(a) through (d)., and 11 l3 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review shall minimize disruption of natural terrain as viewed from any of those roads identified in Sec. 7-20-120(6). APPLICANT'S REPSONSE: The Applicant, or its successor -in -interest, shall address any issues with floor area and the ability to develop within the Activity Envelope that the time of Site Plan review. The Applicant has sited the Activity Envelope where most of the slopes are less than thirty (30) percent. (3) Minor Slope Anomaly Through the Site Plan process, exceptions for minor changes in slope development may be permitted on lands that have a slope equal to or in excess of thirty (30) percent when the slope is due to the presence of a minor natural or minor man-made change in the gradient of a continuous slope, provided that an engineer or geologist licensed in the State of Colorado demonstrates that the slope's ground surface is not prone to instability or failure and that the proposed development will not cause greater instability or increase in the potential for slope failure. APPLICANT'S RESPONSE: Should the Applicant or its successor -in - interest wish to build on a minor slope anomaly, as defined in the Land Use Code, the Applicant and/or its successor -in -interest may pursue that option at the time of Site Plan review. (4) Existing Roads and Driveways Through the Site Plan process, an exception for minor road and driveway improvements may be permitted to existing roads and driveways that traverse previously disturbed slopes equal to or in excess of thirty (30) percent provided that the applicant demonstrates that all of the following conditions are met APPLICANT'S RESPONSE: The Applicant and/or its successor -in - interest shall address these criteria at the time of Site Plan review. (5) Short Driveway Encroachments Through the Building Permit process, an exception for short driveway encroachments may be permitted APPLICATION'S RESPONSE: The Applicant or successor -in -interest shall address the need for any short driveway encroachment exception at the time of building permit review. (6) Micro Hydroelectric Standards 12 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review Construction and maintenance of micro hydroelectric system improvements on steep slopes may be approved by the BOCC through the Special Review and Site Plan process subject to the following development standards. APPLICANT'S RESPONSE: The Applicant or its successor -in -interest to the Property can address any request for a micro hydroelectric system at the time of Site Plan review and Special Review, if necessary. (7) Habitable Retaining Structures Through the Site Plan process, an exception for "habitable retaining structures" and similar types of construction may be permitted at the toe, or along the base of slopes equal to or in excess of thirty (30) percent, including slopes in excess of forty-five (45) percent This section shall not modem other prohibitions on development including but not limited to those in Section 7-20- 50 Geologic Hazards. This section is only available when all of the following conditions exist.- a. xist. a. The property on which the habitable retaining structures are proposed to be built has previously been developed with a structure(s) that meets the County Codes for human habitation and that was built pursuant to valid County land use approvals and building permits (as applicable). APPLICANT'S RESPONSE. The Property is a vacant parcel and there has never been a structure located on the Property, legal or otherwise. Based on the Code in effect at the time of this application, building a habitable retaining structure on the Property would not be an available option for the Property. (8) Pitkin County Solid Waste Center Operations The BOCC may authorize the following types of activities to occur at the Pitkin County Solid Waste Center through the Pub Zone District Master Plan process. APPLICANT'S RESPONSE: The Applicant is not proposing any activities at the Pitkin County Solid Waste Center. This criterion does not apply to this application. (d) Less Than Thirty (30) Percent Gradient Development is permitted on slopes with less than thirty (30) percent gradient APPLICANT'S RESPONSE: The Applicant has located the Activity Envelope so that areas with a slope of less than thirty (30) percent are maximized within the Activity Envelope and so that development can occur in those areas that are less than thirty (30) percent gradient. 13 15 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review (e) All activity and development on slopes with a gradient of thirty (30) percent or grated shall comply with the following standards. APPLICANT'S RESPONSE: The Applicant is requesting Activity Envelope approval and does not have a specific location and/or design for the development that may occur on the Property in the future. The Applicant will address the following criteria for development with a gradient of thirty (30) percent or greater but these criteria will need to be addressed in more detail during Site Plan review. (l) Density Slope Reduction If more than thirty (30) percent of the total land area of the parcel is encumbered with slopes of forty-five (45) percent or greater, the maximum permitted density of development on the parcel shall be reduced pursuant to Sec. 5-10-20. APPLICANT'S RESPONSE: Although there are areas on the Property with slopes of forty-five (45) percent or greater, these areas do not exceed more than thirty (30) percent of the total land area of the Property. Additionally, the Property only permits one single-family structure and accessory buildings. The Applicant is no seeking any additional density. (2) Limits on Changing Natural Grade The original, natural grade of areas within the Activity Envelope shall not be raised or lowered more than four (4) feet at any point for construction of any structure or improvement, except. a. The site's original grade may be raised or lowered a maximum of seven (7) feet if retaining walls are used to reduce the steepness of manmade slopes, provided that retaining walls comply with the requirements set forth in this section. b. As necessary to construct a driveway from the street to garage or parking area, grade changes or retaining walls up to seven (7) feet may be allowed APPLICANT'S RESPONSE: Grade changes within the Activity Envelope, on areas greater than thirty (30) percent slope shall be addressed at the time of Site Plan and building permit review. (3) Grading for Accessory Building Pads Discouraged Separate building pads for accessory buildings and structures other than garages, such as tennis courts, swimming pools, outbuildings, and similar 14 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review facilities, shall be discouraged except where the natural slope is twenty (20) percent or less. APPLICANT'S RESPONSE: The Applicant and/or a successor -in -interest to the Property can address the desire for accessory building pads and the location of such structures in areas in excess of thirty (30) percent slope at the time of Site Plan review. (4) Limits on Graded, Excavated, or Filled Man Made Slopes a. Where grading, excavation, or filling is necessary, grading excavation, or filling to create slopes of twenty-five (25) percent or less is strongly encouraged. b. Graded or filled man-made slopes shall not exceed a slope of fifty (50) percent. C. Cut man-made surfaces or slopes shall not exceed a slope of fifty (50) percent unless a soils engineering or a geotechnical report is furnished stating that the site has been investigated and that in the opinion of a qualified professional a curt at a steeper slope will be stable and not create a hazard to public or private property. d. All cut, filled and graded slopes shall be recontoured to the natural, varied contour of the surrounding terrain. APPLICANT'S RESPONSE: The Applicant and/or its successor -in - interest to the Property will address grading, excavating and/or filling man-made slopes on areas that exceed thirty (30) percent slope, if any, at the time of Site Plan review. (5) Guidelines for Retaining Walls Use of retaining walls is encouraged to reduce the steepness of man-made slopes and to provide planting pockets to re -vegetation. APPLICANT'S RESPONSE: The Applicant and/or its successor -in - interest to the Property will address the need for retaining walls in any Constrained Areas, including slopes in excess of thirty (30) percent, at the time of Site Plan review. (6) Standards for Retaining Walls a. Retaining walls shall be faced with stone or earth -colored materials similar to the surrounding natural landscape. b. All retaining walls shall comply with the adopted building code, except that when any provision of this section conflicts with any 15 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review provision set forth in the adopted building code, the more restrictive provision shall apply. APPLICANT'S RESPONSE: The Applicant and/or its successor -in - interest to the Property will address the need for retaining walls in any Constrained Areas, including slopes in excess of thirty (30) percent, at the time of Site Plan review. (7) Detention/Stormwater Facilities Where detention basins and other storm and erosion control facilities may be required, any negative visual and aesthetic impacts on the natural landscape and topography shall be minimized to the maximum extent practicable. APPLICANT'S RESPONSE: Any requirement for detention/stormwater facilities and screen requirements shall be addressed at Site Plan review. (8) Utility Cuts Utility cuts on any slope with a gradient of fifteen (15) percent or greater shall be reviewed through the Site Plan process. APPLICANT'S RESPONSE: As this is application is for siting the Activity Envelope only, any utility cuts shall be reviewed at the time of Site Plan review. (9) Revegetation Required Any slope exposed or created in new development shall be landscaped or revegetated pursuant to the standards and provisions set forth in Sec. 7-20-130 as well as the revegetation standards in the Pitkin County Revegetation Guide, the Pitkin County Landscaping Guidelines maintained by the Pitkin County Public Works Department, and the Roadway Landscaping Guidelines included in the Pitkin County Asset Management Plan, as applicable. In the event those documents contain inconsistent requirements with regard to a particular area of land, the stricter provision shall govern. APPLICANT'S RESPONSE: The Applicant and/or its successor -in - interest to the Property shall address any revegetation requirements imposed as conditions of approval, in the Land Use Code and/or in any adopted guidelines at the time of Site Plan and building permit review. (n Exceptions Construction of non -motorized, public trails on land owned or held in easement by a public or non-profit organization shall be reviewed through the Site Plan process, but 16 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review shall be exempt from the standards for development in Sec. 7-20-20 (Steep and Potentially Unstable Slopes) and Sec. 7-20-50 (Geologic Hazards) provided that such trails shaft be subject to any other applicable provisions of this Land Use Code and the follow provisions. APPLICANT'S RESPONSE: The Property is not owned by a public or non-profit organization nor is there a proposal for the construction of non - motorized, public trails on the Property. This criterion does not apply 7-20-30: WATER COURSES AND DRAINAGE (a) Applicability The water resources standards in the Sec. 7-20-30 are applicable to all development. APPLICANT'S RESPONSE: There is no proposed development for the Property. The Applicant wants to establish an Activity Envelope but the Applicant will address the standards of Sec. 7-20-30 as appropriate. (b) Encroachment or Channeling Encroachment or channeling activities in a river, stream (including intermittent streams), pond, wet meadow, or wetland are also subject to the requirements of Sec. 7- 20-40 and 7-20-80 of this Land Use Code, as well as all other applicable state and federal statutes and regulations (including, but not limited to the U.S. Army Corps of Engineers permitting requirements of Section 404 of the Federal Clean Rater Act). APPLICANT'S RESPONSE: The Applicant is seeking Activity Envelope approval and there is no development proposed — including encroachment or channeling water courses. There are no rivers, streams, ponds, wet meadows or wetlands located on the Property. (c) Drainage (1) General Activities and development shall provide for: a. Maintenance of historical flow pattern and runoff amounts to reasonably preserve the natural character of an area and prevent property damage attributable to runoff rate and velocity increases, diversions, unplanned ponding and/or storm water runoff, b. The unimpeded flow of natural water courses and ditches; C. Adequate drainage for low points; 17 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review d. A drainage system designed to account for an entire drainage basin capable of accommodating runoff from an proposed development and, where applicable, the runoff from areas adjacent and upstream, e. Maintenance of drainage system; and f. On-site treatment of stormwater by use of best management practices designed to detain and allow infiltration of runoff prior to discharge to any water body. APPLICANT'S RESPONSE: The Applicant and/or its successor -in - interest will address the maintenance of historical flow pattern, runoff amounts, drainage, stormwater, etc. once there is a design for a structure(s) at the time of Site Plan review submittal. (d) Groundwater Activities and development shall not result in the introduction of any contaminants to ground water, or interfere with any recharge area or aquifer. APPLICANT'S RESPONSE: None of the activities or development on the Property hall result in the introductions or any contaminants to ground water, or interfere with any recharge area or aquifer. Any owner will have to comply with the Land Use Code and any conditions of approval. (e) Irrigated Areas Activities and development shall: (1) Not adversely affect the adequacy of water supplies available for the irrigation of agricultural lands; and (2) Not adversely affect the exercise of any existing and decreed irrigation water rights. APPLICANT'S RESPONSE: No activities or development will adversely affect the adequacy of water supplies for irrigation or affect the exercise of any existing and decreed irrigation water right. The water rights in Starwood are owned and controlled by the Starwood Home Owners Association and not the individual owners. (t) Irrigation Ditches Activities and development shall: (1) Access: Provide for access to irrigation ditches by ditch owners and to the public if a ditch is to be, or is part of the Pitkin County Open Space and Trails System or other public property. 18 )U Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review (2) Prevent Leakage: Ensure that no building shall be constructed immediately downhill of a ditch unless the ditch can be placed in a culvert, lined, or otherwise treated to avoid leakage of water downhill towards the building. (3) Avoid Flooding. Design land uses to avoid flooding problems from flood irrigation. (4) Avoid Seepage: Place basements and soil absorption on-site wastewater treatment systems in locations where they will not be impaired by flood irrigation or seepage from irrigation ditches. APPLICANT'S RESPONSE: The Red Mountain Ditch ("Ditch") is located on the Property. The Activity Envelope is sited so that the Ditch is outside of the Activity Envelope, except across the access road where it is culverted. Site Plan review and any future development will have to take into consideration the requirements of this Subsection (f). (g) Sedimentation Activities and development shall: (1) Control During Construction: Provide adequate sedimentation control throughout all phases of development (2) Sedimentation: Retain sediment produced by soil disturbances on site where the disturbance occurs and prohibit run-off into any water body, wetlands, or riparian area. (3) Revegetation: Revegetate clear and grading as soon as possible, but in no event longer than one grown season after conclusion of development on site. APPLICANT'S RESPONSE: Any future development must meet the requirements of this Land Use Code, conditions of approval and building permit requirements to ensure adequate control of sedimentation during construction, that run-off of sediment is prevented and clear and grading is revegetated in a timely manner. This issue is best addressed at Site Plan review and building permit review. (h) Water Quality (1) All land uses shall comply with those setbacks required by Sea 7-20-80 and those setbacks required by Table 5-1. (2) Activities and development shall comply with all state and federal statues and regulations concerning the protection and enhancement of water quality (including but not limited to the requirements of all state and federal permitting programs). (3) Activities and development shall be consistent with maintenance of the Stream Classifications for the Roaring Fork River watershed, as I 19 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review identified in Section 208 of the Roaring Fork Watershed Management Plan, and shall comply with state regulations pertaining to maintenance of those classifications APPLICANT'S RESPONSE: The Applicant shall comply with the setbacks required by Sec. 7-20-80, if applicable, and any setbacks required by Table 5-1 that is required for water quality. Any activities and development shall comply with all state and federal statutes and regulations concerning the protection and enhancement of water quality. Any activities and development shall comply with Section 208 of the Roaring Fork Watershed Management Plan, and shall comply with state regulations pertaining to maintenance of those classifications. (i) Efficient Water Use Activities and development shall emphasize the most efficient use of water, including, to the extent permissible under law, the re -cycling and reuse of water. APPLICANT'S RESPONSE: The Applicant, or its successor -in -interest, can address the most efficient use of water at Site Plan review. The Applicant is only requesting approval of an Activity Envelope and does not have details with respect to the development and any appurtenant water use at this point in time. 7-20-60: WILDFIRE HAZARDS This section establishes the standards for development in wildfire hazard areas. The level of hazard is determined primarily by grade or slope and continuity of fuels. As a general guideline, low hazard is located on slopes of zero to twenty (0-20) percent with discontinuous fuels, moderate hazard is located on slopes of ten to twenty (10-20) percent with continuous fuels, or on slopes greater than twenty (20) percent with discontinuous fuels; and severe hazard is located on slopes of greater than twenty (20) percent with continuous fuels. (a) Wildfire Hazards Map Areas of "Severe Wildfire Hazard" and "Low to Medium Wildfire Hazard" are designed on the Pitkin County adopted Wildfire Hazard Areas Maps, which are maintained in the Community Development Department. However, the maps are only a general reference, and actual wildfire hazards shall be field verified. In the event field verification identifies areas of wildfire hazard not identified on such maps, the provisions of this Sec. 7-20-60 shall apply to such areas. In each case where an applicant's property is located partially or entirely within an areas of "Severe Wildfire Hazard", a wildfire expert acceptable to the County, shall visit the property to evaluate the level of risk in more detail The wildfire expert may confirm the levels of risk indicated on the Wildfire Hazard Area 20 �I Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review Maps, or may recommend that all or a portion(s) of the site shall be reclassified to a higher or lower level of wildfire risk: In addition, the wildfire expert shall make recommendations regarding any mitigation measures that should be implemented in light of the proposed activity or development, and such recommendations shall be considered by the County in the Site Plan process. APPLICANT'S RESPONSE: The Property is mapped as an areas of Severe Wildfire Hazard on the Pitkin County Wildfire Hazard Area Maps. The Applicant hired Zone 1 Wildfire LLC ("Zone 1") to provide the County with a Wildfire Hazard Analysis and Mitigation Report ("Report"). The Report is attached to this Application. Zone 1 has visited the Property and its recommendations for mitigation measures are contained in the Report. (b) Wildfire Hazard Area Delineation and Activity Envelope If requested by the Community Development Department during a pre - application conference, the Site Plan shall delineate all areas of "Severe Wildfire Hazard" and "Low to Medium lFildfire Hazard" within the Activity Envelope and within one hundred (100) fee outside the Activity Envelope. In the case of varying hazard levels within the Activity Envelope, it shall be sufficient to label the entire Activity Envelope with the highest level hazard existing in any part of such area. The Activity Envelope should be designed to avoid areas of "Severe Wildfire Hazard", and to mitigate wildfire hazards in areas of "Low to Medium Wildfire Hazard" as set forth in this Sec. 7-20-60. AU wildfire mitigation and creation of defensible space shall occur within the Activity Envelope. APPLICANT'S RESPONSE: Although areas levels of wildfire hazards must be delineated at Site Plan review, pursuant to the County's request, the Applicant has provided a Report which will delineate the various levels of wildfire hazard as designed by the County and verified by Zone 1. The Applicant and/or its successor -in -interest can address the hazard areas within the Activity Envelope at the time of Site Plan review and can outline mitigation measures at that time as well. The Applicant is requesting the wildlife hazard be lower from "Severe" to "Moderate." (c) Standards Applicable to All Wildfire Hazard Areas Development is allowed in wildfire hazard areas subject to conformance with the following development standards, (which may be varied upon recommendation by the wildfire expert), and conformance with additional standards in subsection (d) as applicable. (1) Defensible Space The area around all buildings/structured, limited by property boundaries that may limit a property owner's ability to comply with this section, 21 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet this conditions may not be necessary where the natural vegetation patterns have already fulfilled these condition): a. Brush, debris and non -ornamental vegetation shall be removed within a minimum ten foot (10') perimeter around all structures. b. Vegetation shall be reduced to break up the vertical and horizontal continuity of fuels at a minimum of a thirty (30) foot perimeter around a structure built on fat ground. c. Spaciing between clumps of brush and vegetation up to the thirty( (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel, All measurement shall be from the edges of the crowns of the fuel, d All branches from trees and brush within the thirty (30) foot perimeter shall be prunded to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. e. Tree crown separation within thirty (30) foot perimeters shall have a minimum of ten (1) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed f. All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 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. h. All deadfall up to a one hundred (100) foot perimeter shall be removed L No new conifer trees shall be planted within ten (10) feet of a residence. j. No flammable mulches shall be placed within two (2) feet of a residence. k. The property owner shall be responsible for the continued maintenance of defensible space vegetation requirements. APPLICANT'S RESPONSE: The Property is currently vacant and undeveloped. The Applicant and/or its successor -in -interest shall comply with these standards at such time as the Property has been developed with structures. 22 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review (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 provided by the State of Colorado Forest Service, the Sheriffs Department, local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. Where feasible, looped routes of access/egress to a public road shall be incorporated in the design of a proposed development Looped routs of access/egrees is defined as two (2) or more dedicated access roads to the main artery/highway for widely separated ingress/egress; looped drives with one (1) entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Community Development Department may approve vehicular turnaround areas a maximum of seven hundred fifty (75) feet 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 into the proposed driveway entries. b. New dead-end streets shall not be permitted, except for cul- de-sacs and other turnarounds accept by the applicable local fire district c. Cul-de-sac turnaround pads shall have a minimum of a thirty (3) foot drivable surface inside turning radius or a hammerhead or other T -turn area acceptable to the applicable local fire district d. New driveways and access roadway shall enter the roadway at a ninety -degree (90 ) angle for the first twenty-five (25) feet of the driveway. e. Fuel breaks as recommended by a wildfire expert approved by the County may be incorporated into the design of access roads or driveways. APPLICANT'S RESPONSE: The Property is accessed off of a private road, Carroll Drive, which is maintained by the Starwood Home Owner Association. Mitigation pertaining to access will be addressed by Zone 1 (WHEN GET REPORT SEE IF ANY SPECIFIC RECOMMENDATIONS) and at the time of Site Plan review when there are specific plans for a driveway and specific recommendations from the Aspen Fire Protection District as to access for fire trucks and other emergency vehicles. (3) Water Supply for Fire Safety rl`— 23 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision – Activity Envelope Review a. When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by the Community Development Department and the local fire protection district. b. Any fire department recommendation for individual structure water supply and storage shall be accessible to the 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. c. Regardless of size, all structures (including detached garages and horse barns) where humans congregate regularly that are located within areas identified as containing "C -Severe Hazard: Trees" or "X—Severe Hazard Brush" wildfire hazards shall be required to install in-house sprinkler systems that meet the standards of the local fire protection district and the adopted Building Code. 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 hazards conditions, emergency access difficulties and lack of proximity to fire protection services. APPLICANT'S RESPONSE: The Applicant and/or its successor -in - interest shall address water supply for fire safety at the time of Site Plan review. SEE IF ANY SPECIFIC RECOMMENDATIONS FROM ZONE 1. (4) Roofing Materials, Roofing Vents and Projections At or Below Roof Line Unless the wildfire expert has recommended a different method of construction, roofs and projections at or below roof line in Low, Medium and Severe Wildfire Hazards Areas shall be constructed according to the following specifications. APPLICANT'S RESPONSE: The Applicant and/or its successor -in - interest shall address the roofing materials at the time of Site Plan review and when there is a site-specific design with specific roof materials proposed. The Applicant and/or its successor -in -interest shall comply with any requirements for roof materials, vents and projections in effect at the time of Site Plan and building permit review. aco 24 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision – Activity Envelope Review (d) Additional Standards for Severe Wildfire Hazard Areas (1) Development is prohibited within or immediately adjacent to any Severe Wildfire Hazard Area, unless it is determined that. (1) there is no alternative development area on the property that is free of "C—Severe Hazard. Trees" or "X—Severe Hazard. Brush" wildfire areas, or (2) development within the Severe Wildfire Area is preferable to alternative Low to Medium Wildfire Hazard sites(s) because of other hazard concerns relating to the alternative site(2). (2) Development permitted in Severe Wildfire Hazard Areas pursuant to this section shall be subject to all standards of Sec. 7-20- 60(c) above. APPLICANT'S RESPONSE: The Applicant is requesting that the wildfire hazard be lower from "Severe" to "Moderate." (e) Recommendations of Wildfire Expert In the case of both "Severe Wildfire Hazard Areas" and "Low to Medium Wildfire Hazard Areas" the wildfire expert is authorized to recommend that mitigation be provided through any combination of the structural design and construction techniques and the defensible space techniques identified in this Sec. 7-20-60. APPLICANT'S RESPONSE: The Applicant is requesting that the wildfire hazard be lower from "Severe" to "Moderate." 7-20-70: WILDLIFE HABITAT AREAS This Section establishes land use standards for wildlife habitat to preserve, protect, and expand the full range of biodiversity present in Pitkin County. Wildlife habitat shall be addressed broadly to include locations that are ecologically significant and where activities or structures would interfere with important wildlife functions and activities. For purposes of this Sec. 7-20-70, Constrained Areas shall include but shall not be limited to, locations that include. any portion of a wetland; riparian habitat, critical wildlife habitat, severe winter range, and/or winter concentration areas; wildlife mitigation corridors or habitat, wildlife production, birthing or calving areas; important waterfowl and wading bird habitat areas, significant mountain sage, aspen and mountain shrub dominated habitat, and rare, imperiled, sensitive, threatened, or endangered species critical habitat. (a) Wildlife Habitat Maps Areas of designated wildlife habitat are shown on the Colorado Division of Wildlife (CDO99 Species Activity Maps (the Wildlife Maps), which are maintained in the Community Development Department and hereby adopted by reference, and may be 0 25 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review amended from time to time by the Colorado Division of Wildlife. In all cases, mapping will be field verified by the Colorado Division of lllldlife or a wildlife expert approved by Pitkin County. The following regulations shall apply to all areas known to be wildlife habitat as a result of such field verification, regardless of whether those areas are mapped on wildlife maps. APPLICANT'S RESPONSE: The Property is mapped as mule deer and winter elk range. The Applicant shall comply with the requirements of this section and any conditions of approval required by CDOW and/or Pitkin County. (b) General Principles Delineation of the Activity Envelope, and the location and design of activities and structures within the Activity Envelope, shall be based on consideration of the five (S) principles listed in subsections (1) through (5) below. These principles shall be evaluated not only on a site specific basis, but should also be used to consider the location and role of the property in the context of larger habitat and wildlife patters. Implementation of these principles may also include consideration of the connectivety between other parcels and the cumulative effect of the property activity or development in light of other activity in the area affecting related habitat areas. Approved developments shall. (1) Maintain large, intact areas of native vegetation and habitat area by preventing fragmentation of those patches by development. APPLICANT'S RESPONSE: The proposed Activity Envelope is just over an acre in size. The Property itself is slightly over four acres. The Activity Envelope is not fragmented. Because of the configuration of the Activity Envelope, large, intact areas of native vegetation and habitat area will be maintained. (2) Protect rare landscape elements such as locally rare vegetation, unique rock formations, sheltered draws or drainage ways, or other features, and guide development towards areas of landscape containing more common elements. APPLICANT'S RESPONSE: The proposed Activity Envelope is located near an open field and away from landscape elements such as locally rare vegetation, unique rock formations, sheltered draws and drainage ways. (3) Maintain connections among wildlife habitats by identifying and protecting corridors for movement APPLICANT'S REPONSE: The proposed Activity Envelope is clustered with other residential lots in the Starwood Subdivision. Any corridors for a 5, 26 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review movement of wildlife will be identified by CDOW and addressed at the time of Site Plan review. (4) Contribute to the regional protection of rare species by protecting their habitat locally. APPLICANT'S REPONSE: The Property is identified as mule deer and winter elk range. Although important to the area, these species are not considered rare. No such habitat has been identified on the Property. (S) Minimize the combined and cumulative impacts of activities and development on wildlife species, wildlife habitat, wildlife movement, and unique landscape elements. APPLICANT'S RESPONSE: The Applicant is only seeking Activity Envelope review at this time. Any specific conditions of approval to minimize the combined and cumulative impacts of activities and development on wildlife species, wildlife habitat, wildlife movement, and unique landscape elements can be addressed at the time of Site Plan review. As stated above, the Applicant has sited the proposed Activity Envelop in an area that is clustered near other residential lots and a near an open field rather than on the more wooded and steeper areas of the Property. (c) General Standards The standards in this section apply to all wildlife habitat areas shown on the Species Activity Maps or field verified by a wildlife expert approved by the County, or by the Colorado Division of Wildlife. APPLICANT'S RESPONSE: The Property is identified as a mule deer and elk winter range habitat. The County did not required that the Applicant engage a wildlife expert as part of the Activity Envelope approval but the Applicant, and/or its successor -in -interest, shall be subject to any conditions of approval as it relates to wildlife habitat as part of the approval for the Activity Envelope and subsequent site plan, if any. (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 in the subject property) vegetation equal in type and quantity to that being moved to mitigate effects on wildlife species. Should there be an opportunity on the properly for habitat mitigation or restoring, off-site mitigation benefiting the same species may be required, or financial mitigation may be paid into a County habitat mitigation fund should such a fund be established in the future. 27 Q(7 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review APPLICANT'S RESPONSE: The Applicant is seeking approval of an Activity Envelope. At this point in time the Applicant is not proposing any development and/or removal of vegetation on the Property. A habitat mitigation plan, if required, can be developed and proposed at the time of Site Plan review. (2) Manipulation of vegetation outside of the Activity Envelope. APPLICANT'S RESPONSE: This requirement will be a condition of approval for both the Activity Envelope review and Site Plan review. The Applicant and/or its successor -in -interest shall be subject to this requirement. (3) Mesh or woven wire fences are prohibited outside of the Activity Envelope. APPLICANT'S RESPONSE: This requirement will be a condition of approval for both the Activity Envelope review and Site Plan review. The Applicant and/or its successor -in -interest shall be subject to this requirement. (4) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two rails. APPLICANT'S RESPONSE: This requirement will be a condition of approval for both the Activity Envelope review and Site Plan review. The Applicant and/or its successor -in -interest shall be subject to this requirement. (5) Wire fencing must be three (3) strands or less. The top wire should be a twelve -point -five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement with mule deer jump over. The bottom strand should be sixteen (16) inches form the ground APPLICANT'S RESPONSE: This requirement will be a condition of approval for both the Activity Envelope review and Site Plan review. The Applicant and/or its successor -in -interest shall be subject to this requirement. (6) Tall overly mature trees and standing dead trees (snags) should be retained at a rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat APPLICANT'S RESPONSE: There is currently no development or removal of tress proposed. The Applicant and/or it successor -in -interest can address the removal of any trees, and requirements pertinent to this criterion, at the time of Site Plan review. 28 30 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review (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. APPLICANT'S RESPONSE: The Applicant and/or its successor -in - interest will be subject to any conditions of approval regarding landscaping within the Activity Envelope. (8) Development shall be clustered to the maximum extend possible to minimize impact on wildlife. APPLICANT'S RESPONSE: As discussed above, the Applicant is proposing to locate the Activity Envelope close to other residence development and an irrigated, agricultural pasture that has been used by Starwood and/or the Applicant for many years. The proposed Activity Envelope is located away from more secluded areas of Starwood and surrounding properties. (9) Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying or otherwise managing wildlife. APPLICANT'S RESPONSE: The Applicant and/or its successor -in - interest shall be subject to any condition of approval with respect to Colorado Division of Wildlife permissible access for trapping, tagging, studying or otherwise managing wildlife. (10) Trash/garbage shall be kept in an approved bear resistant container or enclosure. APPLICANT'S RESPONSE: The Applicant shall be subject to the Land Use Code and any condition of approval relating to this requirement. (11) Bird feeders, including hummingbird feeders, shall be hung away form any deck or window, and be at least ten (1) feet from the ground suspended between two (2) threes or posts. All seed feeders shall include a seed catchment pan to catch discarded seed APPLICANT'S RESPONSE: The Applicant shall be subject to the Land Use Code and any condition of approval relating to this requirement. (12) Horse grains, pellets, and cookies shall be stored in bear resistant containers. APPLICANT'S RESPONSE: The Applicant shall be subject to the Land Use Code and any condition of approval relating to this requirement. 29 �I Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review (13) Petfood shall not be left outside. APPLICANT'S RESPONSE: The Applicant shall be subject to the Land Use Code and any condition of approval relating to this requirement. (14) All outside doors shall utilize only solid round handled door knobs unless another type is required by the applicable Building Code for disability accessibility purposes. APPLICANT'S RESPONSE: The Applicant shall be subject to the Land Use Code and any condition of approval relating to this requirement. (15) /Reserved for standard for raptor protection from new above ground utility poles]. APPLICANT'S RESPONSE: The Applicant shall be subject to the Land Use Code and any condition of approval relating to this requirement. (d) General Buffer Standards Structures located near wildlife habitat shall comply with the following standards for maintaining buffer distances, unless (i) Pitkin County or the Colorado Division of Wildlife suggests that a different buffer is appropriate due to unusual wildlife factors or other unique features of the property, and the alternative is approved through the Site Planning Process, or (ii) the parcel in question is too small to accommodated the required buffers, in which case the buffers shall be provided to the maximum extent possible. (1) Nest/Roost Buffer The minimum buffer for any structure located near an active peregrine falcon, osprey, golden eagle, or bald eagle nest or roost site shall be one-half (1/2) mile (2,640 feet) in Rural Areas, and five hundred (500) feet in Urban Areas. The minimum buffer from any structure located near any other active raptor nest site (except American kestrels) shall be one-quarter (1/4) mile (1,320 feet). APPLICANT'S RESPONSE: No nest or roost site has been identified on the Property. (1) Intensive Use Buffer Intensive uses such as commercial, industrial or motorized commercial/organized recreational uses, open pit extraction or the construction of roadways shall require a building or structure buffer of a minimum of one 30 3a Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review thousand (1,000) feet from any wildlife habitat area in Rural Areas and five hundred (500) feet in Urban Areas. APPLICANT'S RESPONSE: There are no such uses proposed for the Property. (3) Endangered, Threatened or Rare Species No structure shall be located in rare, threatened, or endangered species critical habitat. There shall be a minimum one-half (1/2) mile (2,640 foot) buffer between any building or structure and any threatened or endangered species critical habitat. There shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between rare and/or imperiled species habitat APPLICANT'S RESPONSE: There are no endangered, threatened or rare species that have been identified as being located in the Property. (4) Important Waterfowl and Wading Bird Habitat Area There shall be a minimum three hundred (300) foot buffer between any building or structure and important waterfowl and wading bird habitat areas. Within all important waterfowl and wading bird habitat, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision. APPLICANT'S RESPONSE: There is no important waterfowl or wading bird habitat identified on the Property. (5) Wildlife Mitigation Corridors There shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between any building or structure and wildlife migration corridors. APPLICANT'S RESPONSE: There are no wildlife migration corridors identified on the Property and/or within the Activity Envelope. (6) Severe Winter Range, Winter Concentration Area There shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between any building or structure and critical habitat, severe winter range, and/or winter concentration areas. APPLICANT'S RESPONSE: The Property has been identified as being winter elk habitat but not severe winter ranch and/or a winter concentration area. The Applicant and/or its successor -in -interest shall be subject to any conditions of approval regarding the winter range area. 31 33 Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review (7) Production Area If development is approved adjacent to ungulate (bighorn sheep, mule deer and elk) production areas, there shall be an minimum of one-quarter (114) mile (1,320 foot) buffer between any building or structure and production areas. APPLICANT'S RESPONSE: The Property has not been identified as an ungulate production area. (e) General Livestock and Domestic Animals The following standards shall apply to all habitat areas unless a standard for livestock and domestic animals in relation to specific species is provided in subsection (t) below, in which case the standards in subsection (n shall govern. (1) Wetland and Riparian Areas Activities that involve the keeping of livestock and/or horses adjacent to wetlands and riparian areas or their buffer areas shall include provisions in the Site Plan that protect the wetland and buffer areas from damage due to such domestic animals. APPLICANT'S RESPONSE: There is no proposal to keep livestock and/or horses on the Property. If such a proposal is made during Site Plan review, the applicant at that time can address buffering livestock form wetlands (none on the Property) or riparian areas — if such areas are deemed to be located on the Property. (2) Winter Range, Severe Winter Range, and Winter Concentration Areas and Critical Habitat If development is approved within winter range, severe winter range and/or winter concentration areas, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when outside a required kennel. APPLICANT'S RESPONSE: The Applicant and/or its successor -in - interest shall be subject to any conditions of approval with respect to dogs kept on the Property. (3) Wildlife Migration Corridors If development is approved within migration corridors, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when outside a required kennel within a % mile (1,320 feet) of 32 Sy Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review migration corridors and within or adjacent to migration patterns, transition range, or highway crossings. APPLICANT'S RESPONSE: Although no such corridors have been identified on the Property, the Applicant and/or its successor -in -interest shall be subject to any conditions of approval with respect to dogs that are kept on the Property. (4) Wildlife Production Areas If development is approved within or adjacent to wildlife production areas, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when outside a required kennel. If livestock is present, a livestock management plan shall be required to prevent interference with wildlife production. APPLICANT'S RESPONSE: The Applicant and/or its successor -in - interest shall be subject to any conditions of approval with respect to dogs kept on the Property. No livestock is proposed to he kept on the Property and the Applicant and/or its successor -in -interest can address a livestock management plan in the unlikely even an owner should desire to keep livestock on the Property in the future. (5) Predation If the County determines that one or more wildlife species on or near the property are subject to predation by domestic animals, including dogs and cats, the County may impose additional standards to reduce or eliminate such predation. APPLICANT'S RESPONSE: The issue of predation can be address when/if such predation occurs on the Property. (6) Overgrazing Overgrazing of ranges by livestock shall be avoided APPLICANT'S RESPONSE: As discussed above, no livestock is proposed to be kept on the Property. (n Additional Species Specific Standards (1) Deer, Elk and Bighorn Sheep Winter Concentration Area/Severe Winter Range 33 3S- Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review Development is prohibited within deer, elk, and bighorn sheep winter concentration areas and severe winter range areas. In the event that an application is denied because there is no hazard -free area on site, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-150, the proposed activity or development shall be reviewed according to the following standards and shall comply with Secs. 7-20-70(b), (c), and (e). APPLICANT'S RESPONSE: The Property is not identified as deer, elk, bighorn sheep winter concentration area and/or severe winter range. (2) Deer, Elk and Bighorn Sheep Winter Range Land uses located in deer, elk or bighorn sheep winter range shall comply with Secs. 7-20-70(b), (c), and (e), and the standards of this section. a. High impact recreational uses are prohibited b. Dogs within or adjacent to winter range shall be kenneled, except for working dogs when at work. APPLICANT'S RESPONSE: The Property has been identified as mapped mule deer and elk winter habitat. There is no proposal for high impact recreational uses. The Applicant and/or its successor -in -interest shall have to comply with any regulations regarding dogs, if any, located on the Property as well as the requirements in Secs. 7-20-70(b), (c), and (e). (3) Deer and Elk Migration Patterns/Corridors and Highway Crossings Development that blocks a deer or elk migration corridor and prevents migration between summer and winter ranges is prohibited In the event that an application is denied because there is no hazard free area on site, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-150, the proposed activity or development shall comply with Secs. 7- 20-70(6), (c), and (e), and the standards of this section. a. Dogs within one-quarter (114) mile (1,310 feet) of mule deer and elk migration corridors and patterns shall be kenneled except for working dogs when at work. APPLICANT'S RESPONSE: The Property has not been indentified as having deed and elk migration pattems/corridors. There are no highway crossings near the Property. Nonetheless, the Applicant and/or its successor -in -interest shall comply with any requirements regarding kenneling and/or leashing dogs. (4) Deer and Elk Production Areas 34 3� Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review Development is prohibited within deed and elk production areas. In the event that an application is denied because no portion of the site outside of a deer and elk production area, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-90 or Sec. 2-40-130, the proposed activity or development shall comply with Secs. 7-20-70(b), (c), and (e), and shall be reviewed according to the following standards. Approved development shall. c. Prohibit other activities during the calving season that would disrupt reproduction. d Dogs are prohibited within one-quarter (1/4) mile of deer or elk production areas. Dogs within one-half (1/2) mile of deer or elk production areas shall be kenneled e. Manipulation of vegetation is prohibited, except as approved by the Colorado Division of Wildlife or a wildlife expert approved by Pitkin County. APPLICANT'S RESPONSE: The Property is not located within a mapped and/or identified deer or elk production area. (g) Timing of Construction (1) Winter Range, Severe Winter Range, and Winter Concentration Areas No construction shall be permitted from December ls'through March 31" if the proposed development is within one-quarter (1/4) mile (1,320 feet) of a severe winter range or winter concentration area. This restriction shall also apply to winter range areas if recommended by the Colorado Division of Wildlife, or other expert acceptable to the County, due to site specific circumstances, and/or cumulative habitat loss. APPLICANT'S RESPONSE: The Property is mapped as winter range for mule deer and elk. The County has not required the Applicant to hire a wildfire expert and presumably, the Colorado Division of Wildlife will be a referral for the Activity Envelope review, Site Plan review or both. The Applicant or its successor -in -interest shall be subject to any conditions of approval regarding winter range for wildlife. (2) Wildlife Mitigation Corridors No construction shall be permitted within or adjacent to wildlife migration corridors between October 15'h and November 30'h or between April 15'h and May 30'h. APPLICANT'S RESPONSE: The Property is not located within a mapped Wildlife Mitigation Corridor. 35 3� Land Use Code Criteria Lot 23A, Block 2, Starwood Subdivision — Activity Envelope Review (3) Wildlife Production Areas a. No construction shall be permitted in or adjacent to wildlife production areas between May 15'h and June 36e. APPLICANT'S RESPONSE: The Property is not located within a mapped Wildlife Production Corridor. ,6 PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: 2/22/16 PHONE: (970) 920-5093 E-MAIL: suzanne.wolff(apitkincounty.com LOCATION: Carroll Drive; Lot R -23A, Block 2, Starwood Subdivision PARCEL ID #: 264326403001 & 264326499999 (Starwood HOA Common Area) ZONE DISTRICT: RS -20 LOT SIZE: 4.04 acres OWNER: Carroll Drive Properties LLC REPRESENTATIVE: Sarah Oates EMAIL: smo@okglaw.com Type of Application: Activity Envelope Review Description of Project/Development: Applicant is requesting to establish an Activity Envelope for future development of a single family residence. An envelope will also be established on the Common Area parcel to accommodate the on-site wastewater disposal system. A replat of Lot R - 23A is recorded in Plat Book 4 at Page 254. The parcel is vacant, with the exception of leach fields that serve development on Lot R -53A and Parcel 1 of the Ziff Lot Split. Land Use Code Sections to Address: • 2-30-20(g)(1) & (3): Activity Envelope Criteria for Approval • 6-30-100(b): GMQS Exemption for BOCC approved subdivision lot • 7-10-50 & 60: Activity Envelope • 7-20-10: Site Preparation and Grading • 7-20-20: Steep and Potentially Unstable Slopes • 7-20-30: Water Courses and Drainage • 7-20-60: Wildfire Hazard — mapped severe hazard • 7-20-70: Wildlife Habitat — within mapped mule deer and elk winter range Review by: Community Development Director Public Hearing: NO. However, notice is required via posting, mailing and publication. The Applicant shall post a public notice sign on the property at least 15 days prior to the comment/objection deadline pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all owners within 300' of the property and mineral estate owners 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 was postmarked to submit comments or objections to the Community Development Department. Staff will refer to: Starwood HOA FEES: $2,004 (make check payable to "Pitkin County Treasurer") • $1,950 Planning Office flat fee (non-refundable; based on 6 hours of staff time. If staff review time exceeds 7.2 hours, the Applicant will be charged for additional time above 6 hours at a rate of $325/hour) • $54 Public Notice 3 C7 To apply, submit 1 copy of the following information: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" and 11" x 17" Activity Envelope Plan as designated in Section 2.1.1 of the Pitkin County Land Use Application Manual, 3. Wildfire Hazard Analysis and Mitigation Report 4. 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 owner's right to use the land for the purposes identified in the development application. 5. Street address (if any) and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject property within Pitkin County; 6. Consent from the owners of the properties for the representative to process the application and represent the owners; 7. List of all property owners within 300'. 8. Total fee for review of the application; 9. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (form attached); 10. Copy of this Preapplication Conference Summary form. NOTES: PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. THE PARCEL ID # 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. ➢ The Land Use Code is available on-line at http://pitkincounty.com/468/County-Code. `r The Land Use Application manual is available on-line at http://pitkincounty.com/196ILand-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. yo LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ, KELLY 8& MORROW, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533E HOPKINSAVENUE ASPEN. COLORADO, 81611 W OKGA W COM LEONARD OATES RICHARD A KNEZEVICH TED D. GARDENSWARTZ OAVIDB, KELLY MARIA MORROW OF COUNSEL STEPHEN CONNOR ANNE MARIE MCPHEE SARAH M. OATES STEPHANIE M. HOLDER ATTORNEY'S TITLE CERTIFICATE TELEPHONE (970) 92(61700 FACSIMILE (970) 9201121 DIRECT(970)544-1853 smo@okgle c By this letter, the undersigned, Sarah M. Oates, an attorney licensed to practice law in the State of Colorado hereby certifies the following: 1. The owner of the real property legally described as Tract R -23A, Starwood Two, according to the replat of Lots R-23 and R-25, Starwood Two, appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book 4 of Maps at Page 254 ("Property") is Carroll Drive Properties, LLC, a Colorado limited liability company ("Owner"); 2. The ownership interest of Carroll Drive Properties, LLC is fee simple, free and clear of all liens and encumbrances whatsoever; 3. There are no outstanding mineral interests with respect to the Property; 4. Access to the Property from the nearest private road is from Carroll Drive which abuts and is adjacent thereto; 5. Carroll Drive is maintained by the Starwood Home Owners Association; 6. The Property is located in a platted subdivision, Starwood Two. The replat of the Property was approved by the Pitkin County Board of Commissioners as a residential subdivision/re-subdivision in 1972. 7. This Certificate is given solely for the purpose of the land use application of Carroll Drive Properties, LLC made with the Pitkin County Community Development Department to obtain development approvals for the Property; and, may not be relied on for any other purpose. Dated April NL_, 2016. OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. Attorney's Title Certificate — Lot R -23A, Starwood Two April 4, 2016 Page 2 Very truly yours, OATEs, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. sy: Sarah M. Oates �_i a M -7 Property Owners within 300' of Lot R -23A, Starwood PARCEL OWNER—NAME OWNER _ADDRESS1 OWNER_CITY OWNER ZIP 264326405001 CARROLL DRIVE PROPERTIES LLC 314 CARROLL DR ASPEN CO 81611 264326405002 CARROLL DRIVE PROPERTIES LLC 314 CARROLL DR ASPEN CO 81611 264326499999 STARWOOD HOME OWNERS ASSOC 0121 STEWART DR ASPEN CO 81611 264326401004 CARROLL DRIVE PROPERTIES LLC 314 CARROLL DR ASPEN CO 81611 264326401003 MORTON LLC 1046 KEARNY ST SAN FRANCISCO CA 94133 264326401002 CARROLL DRIVE PROPERTIES LLC 314 CARROLL DR ASPEN CO 81611 264326401001 CARROLL DRIVE PROPERTIES LLC 314 CARROLL DR ASPEN CO 81611 264326403005 FINK PERRY B & LESLIE A 402 MARINER DR JUPITER FL 33477-4068 264326403003 CARROLL DRIVE PROPERTIES LLC 314 CARROLL DR ASPEN CO 81611 M -7 r l CPitkin Maps & More IJ Vicinity Map Map Created on 4:26 PM 03/28116 at http:/Iwww.pitkinmapsandmore.com 1750 0 1!1.00 376.0 1 2r256 WGS _1904 Wab_Mo¢ator_Auxpl ry_Seton .Trip 9z JGulch,.. _ . FW THIS MAP IS FOR INFORMATIONAL PURPOSES. PIWn County GIS makes no warranty or guarantee O oommnklg the compWanees, accuracy. or reBab@ity, of the content represented. S1aa HWl RCe6 Cenlm** et( e Primary Ra o SBCOI sq ROW Sanrloe ROW Riven a10 CreeM Con6woae _., InkmYNrll RWer, LaMe ar PaW += Town BaMary FWenl larka Wa 13 alto O Slam WCO ft 13 USFS PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and CARROLL DRIVE PROPERTIES (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. 012-2015 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 $1950.00 which is based on 7.2 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT CARROLL DRIVE PROPERTIES, LLC BY: F Cindy Houben Print Community Development Director 1� Sian; Date: Mailing Ad— dry Aspen, CO 81611 Effective 5/4/15 March 3, 2016 Suzanne Wolff, Senior Planner Pitkin County Community Development Department 130 S. Galena Avenue, Third Floor Aspen, CO 81611 RE: Land Use Application for Activity Envelope Review - Lot R -23A, Starwood Two ('Property") Dear Suzanne, On behalf of Carroll Drive Properties, LLC ("Carroll Drive Properties"), the current owner of the above -referenced Property, 1 am authorizing Sarah Oates and Leonard Oates of Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C. to process the Activity Envelope Review land use application on behalf of Carroll Drive Properties. Please contact me if you have any questions or need additional information. The contact information for Carroll Drive Properties is as follows: Carroll Drive Properties, LLC 0005 Carroll Drive Aspen, CO 81611 Care of Rocky Tschappat (970) 920-1227 office rtschappat@carrolldrive.com C/ & Sincerely, CARROLL DRIVE PROPERTIES, LLC By: Rocky Schap t iorized Representative "Prepare and protect your home and property from wildfire. Wildfire Hazard Assessment Lot R -23-A Starwood Two Pitkin County, Colorado Overview The 4.055 acre lot and proposed 1.185 acre activity envelope are vacant land and there are no plans to build any structures at this time. The elevation ranges from 8460 ft. to 8520 ft. The lot faces southwest and is situated in a shallow draw with 0% to 30% slopes as shown on the Activity Envelope Plan. The site visit was conducted on March 2816 2016 while there was approximately two feet of snow on the ground. Obvious vegetation types observed on the property include quaking aspen (Popu/us tremuloides) Rocky Mountain Fir (Abies lasiocarpa) and serviceber y (Amelanchier alnifolia). It is assumed that scattered mountain shrubs and meadow grasses lie beneath the snow which would be consistent with typical aspen grove understory in the area. Fire prone gambel oak (Quercus gambeliz) was absent on the property but exists in surrounding areas. There is a seasonal irrigation ditch that runs through the property and currently an irrigated pasture on the adjacent lower lot. The only history of a large wildfire in the area was referenced in the Pitkin County Pre -Disaster Mitigation Update citing an event in 1974 when several homes were threatened along McClain Flats and Starwood. Three main factors affect the speed and intensity of a wildfire. Weather The typical weather pattern is a dry spring and early summer before the monsoonal flows from mid to late summer. Another dry period can extend into early November. The prevailing winds are usually from the south/southwest. Prime conditions for wildfire are periods of high tempretures, dry weather, low humidity and gusty winds. Most wildfires are human caused followed by a small percentage from lightning strikes during thunderstorms and 99% of those are extinguished by firefighters. Topography The south/southwest position (aspect) of the property provides maximum sunlight and therefore is the driest side that would support the most flammable fuels like sagebrush and gambel oak but these fuel types are not present on the property. The risk of extreme fire behavior can be elevated by a property's location on a ridge or in a canyon, saddle or chimney which is not applicable to this property as it lies in a shallow draw and the slopes average less than 20%. (/7 Fuel Aspen trees are the dominant vegetation type within the activity envelope and throughout the property. Aspen groves often act as natural fuel breaks when a wildfire approaches. The open canopy in this aspen groves allows more sunlight to reach the forest floor. The flowing irrigation ditch would add moisture and higher humidity creating a "micro climate" which leads to a lusher, less flammable understory. Aspen groves rarely carry fire in the tops of the trees (crown fire) so an advancing wildfire would likely bum through the shrubs in patches, creeping with low intensity heat and small flame lengths Hazard Rating The attached Pitkin County Wildfire Hazard map rates the entire property as "severe" for a combination of brush and trees. The vegetation within the activity envelope is actually a uniform, discontinuous mix of mostly fire resistant aspen trees, an area of bare ground, some serviceberry, shrubs and grasses. The Pitkin County aerial map and corresponding pictures from inside the proposed activity envelope shows the view towards the proposed driveway, yellow arrow, north (Fig. 1) red arrow, east (Fig. 2) black arrow, south (Fig. 3) orange arrow, west (Fig. 4). The open area in (Fig.3) is mostly bare ground as described by the property manager. The densest vegetation within the activity envelope (Fig.4) would likely be within a future site plan and removed. In my opinion the proposed activity envelope and lot as a whole provides an area that would reduce an approaching wildfires speed and intensity between the more flammable surrounding vegetation. I believe the combination of all factors evaluated in this report would support my recommendation to reclassify the entire lot to a "moderate" hazard rating. Mitigation recommendations The property manager states he has been maintaining the proposed activity envelope and entire lot by removing deadfall, dead trees and shrubs. Continuing this maintenance program is acceptable and no further recommendations need to be implemented at this time. Submitted by Jerry Peetz _��' rx.. ry } A t' r! , �r �xx � � ,� �� ",�/� ff s 'j�` 'ter 'tj,.`s / r tea' �' � « �f e � � � � ,. , st,�� � I �♦♦v ^ Aj j. R � M .� % .� R ♦~ � is F ri: t� 4 '� h T '`io�l ��s� t . �R �a 1 �• y� Ls InlMaps mMore Pitkin Maps & More Map Created on 8:55 AM 04/01/16 at o neo I 1256 wcs Ioa_wa w.T.w,_a,arw sFn.. aub H'�w Rotl cnrww.« e %bvyewl -� SmnGW Potl — 9•rk. Petl Fu•/d}w PU 8w tiuwMCrW — fmNuuu �- bWmIM1 tiu�.lY•a Pvb '= Tan BwMuy F•Cn.n aw,C O B - Qauud- 0 usrs wan Aerial Map Lot R -23-A ••� THIS MAP IS FOR INFORMATIONAL PURPOSES. Starwood TWO Makin County GIS makes no; warranty or guarantee O concerning the completeness, accuracy, or reliability of the content represented. Pitkin County, Colorado F., V, !l. R_— RFl AA Ilk, , 4r. Am — Ww� A WW7' a itSaw iwwllm -Al • t.,.,ws.fi. 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AS ffl[ M W / LIENN AW RCWLCX / 80PETABLE MMfA YM.tfPF WYBLWE CIXW o aoaM npppx ❑ I] W]s JO%R i ]oWJ[ A10JE J U W][ / 80PETABLE MMfA YM.tfPF WYBLWE CIXW o aoaM npppx ❑ I] W]s JO%R i ]oWJ[ A10JE J U W][ MISCELLANEOUS DOCUMENTS I W 011410cKIin.r w COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX4 (970) 920-5439 MEMORANDUM To: Starwood Homeowners Association FROM: Suzanne Wolff, Community Development Department Suzanne.wolff@,pitkincounty.com Re: Carroll Drive Properties LLC Merger and Minor Plat Amendment (PID 2643-264-03-001; Case P029-16) DATE: April 20, 2016 Attached for your review and comments are materials for an application submitted by Carroll Drive Properties LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Monday, June 6, 2016. http://pitkincounty.com/DocumentCenterNiew/8896 If you require a paper copy of this application contact Bonnie Shiles at bonnie.shiles@pitkincounty.com or 920-5109. Thank you. PITIUN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 April 20, 2016 Sarah Oates 533 East Hopkins Avenue, 3rd Floor Aspen, CO 81611 smo@okglaw.com Re: Carroll Drive Properties LLC Activity Envelope Review (PID #2643-264-03-001; Case # P029-16) Dear Mrs. Oates: 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 May 5, 2016. 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 Department by the 6w day of June, 2016. 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 20`h day of May, 2016, which is at least fifteen (15) days prior to June 6, 2016. 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 PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on July 13, 2016, the Pitkin County Community Development Director granted approval for the Carroll Drive Properties LLC Activity Envelope Review (Case P029-16; Deter. #054-2016). The property is located at 1020 Carroll Drive and is legally described as Lot R -23A, Block 2, Starwood Two Subdivision. The State Parcel Identification Number for the property is 2643-264- 03-001. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly, on JULY 21, 2016. PUBLIC NOTICE RE: Carroll Drive Properties LLC Activity Envelope Review (Case P029-16) NOTICE IS HEREBY GIVEN that an application has been submitted by Carroll Drive Properties LLC (314 Carroll Drive, Aspen, CO 81611) requesting approval to establish an Activity Envelope for future development of a single family residence. The property is located at 1020 Carroll Drive and is legally described as Lot R -23A, Block 2, Starwood Two Subdivision. The State Parcel Identification Number for the property is 2643-264- 03-001. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. Comments or objections are due by June 6, 2016. For further information, contact Suzanne Wolff at (970) 920-5093. Published in the Aspen Times Weekly on May 5. 2016. 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 June 6, 2016. 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. hqp://pitkinco=.com/DocumentCenterNiew/8896 OF COUNSEL smCLH,oY.glaw com STEPHEN R. CONNOR ANNEMARIEMCPHEE SARAH M OATES STEPHANIEHOLDER COREY ZURBUCH May 19, 2016 VIA HAND -DELIVERY Suzanne Wolff, Senior Planner Pitkin County Community Development Department 130 S. Galena Street Aspen, CO 81611 Re: Carroll Drive Properties, LLC — Public Notice Affidavit for Lot R -23A, Starwood Two ("Properly') Dear Suzanne, Enclosed please find the Affidavit of Notice & Mailing ("Affidavit") for the above -referenced Property. A photograph of the posted signed is attached to the Affidavit. Please let me know if you have question or need additional information. Enclosures Sincerely, OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. By Sarah M.)Dat6s Pitkin County MAY 19 2016 (� � Community Development L C?r LAW OFFICES OF OATES, KNEZEVICH, GARDF.NSWARTZ, KELLY & MORROW, P.C. PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533E HOPKINSAVENUE ASPEN COLORADO 81611 WWIY OKGKLAW CO. LEONARD M. OATES TELEPHONE (970) 920-1700 RICHARD A KNEZEVICH FACSIMILE (970) 920.1121 TED D. GARDENSWARTZ DIRECT (970) 5444853 DAVIDB KELLY MARIA MORROW OF COUNSEL smCLH,oY.glaw com STEPHEN R. CONNOR ANNEMARIEMCPHEE SARAH M OATES STEPHANIEHOLDER COREY ZURBUCH May 19, 2016 VIA HAND -DELIVERY Suzanne Wolff, Senior Planner Pitkin County Community Development Department 130 S. Galena Street Aspen, CO 81611 Re: Carroll Drive Properties, LLC — Public Notice Affidavit for Lot R -23A, Starwood Two ("Properly') Dear Suzanne, Enclosed please find the Affidavit of Notice & Mailing ("Affidavit") for the above -referenced Property. A photograph of the posted signed is attached to the Affidavit. Please let me know if you have question or need additional information. Enclosures Sincerely, OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. By Sarah M.)Dat6s Pitkin County MAY 19 2016 (� � Community Development L C?r County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-100 I, Sarah Oates, 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 comment deadline to all owners of property within 300' of the subject property, as indicated on the attached list, on April 28, 2016 (which is 30 days prior to the deadline of May 5, 2016). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the May 19, 2016, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. h Applicant's name (Attach photograph here) Signature Signed before me this gtday of 201Lby ALLISON NOTARY PUBLIC ST! 'PFVE9�°IIANC AND OFFICIAL SEAL NURY 1�0�1m�"W@ MV MMI Notary Public C Notary Public's Signature 1:\county/planning\admindecision%adminfort %affidavit for Activity Envelope/Site Plan/Caretaker Dwelling Unit PuBi-Iv TILE PURPOSE VE T � n 5 C- I .- Ty COMMENTS/OgJE Any comments CT�Oiis: -- or objections must be provided to the Pitkin County Community Develo 130 South pment Department, Galena Street 81611, 970-920-5526 by the following Aspen, date, DATE FOR FUR rtj l 6 ,. CONTgC ER INFO o L�T' z � Name: Project Address Type: Permit Number 0029.2016.PLAN 0029.2016. PLAN PITKIN C*UNTY COMMUNITY DEVELOMENT Permit Receipt RECEIPT NUMBER 00040109 CARROLL DRIVE PROPERTIES LLC Date:4/5/2016 1020 CARROLL DR check # 22762 Fee Description PP- Flat Fee PP- Public Notice Fee Amount 1,950.00 54.00 Total: 2,004.00 LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. PROFESSIONAL CORPORATION THIRD FLOOR ASP9N PLAZA BUILDING 533E HOPKINS AVENUE ASPEN COLORADO 61611 NM MGKLAW.COM LEONARDM OATES TELEPHONE(970)920-1700 RICHARD A KNEZEVICH FACSIMILE (970) 920-1121 TED D. GARDENSWARTZ DIRECT (970)5M 1653 DAVID KELLY MARIA MORROW OF COUNSEL STEPHEN R. CONNOR srlx�dcgla.v.mm ANNE MARIE MCPHEE SARAH M OATES STEPHANIE M. HOLDER COREYZURSUCH August 24, 2016 VIA HAND -DELIVERY Suzanne Wolff, Senior Planner Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Activity Envelope Plat — Lot R -23A, Block 2, Starwood Subdivision Dear Suzanne: Enclosed please find the Activity Envelope Plat for Lot R -23A, Block 2, Starwood Subdivision and a $20.00 check for the recording fee for recording a plat. &4je_ (vcts C3n1L)tl t Please contact me if you have any questions or need additional information. Enclosures Sincerely, OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. By �' Sarah M. Oates PLATS - LEGEND - MIN. SLOPE MAX. SLOPE Q - Electric Transformer 0.000% 15.000% 11 ® - Electric Meter 30.000% a 2 jj - Irrigation Cont. Valve 11'29'01" 3 45.000% 100% UE Underground ElectricLine 70°19'52" NO2'28'04"E 129.56' UT Underground Telephone Line 290.09' 18'35'01" N41 *59'22"W x Fence C5 79.36' 60.00' 75'47'00" - Gravel C6 118.02' • 56'21'01" Asphalt paving 113.32' C7 4 g p •. • ®, 4 - 107'49'36" N25'17'48"E 53.57' C8 84.51' 104.20' 46'28'24" N52'51'47"E 82.22' C9 x 186.77' 8'04'37" N35.43'01 "W 26.31' C10 4.53' 185.77' 1 °23'53" N40'27'16"W 4.53' C11 1 69.27' 102'17'19" S87'42'08"W 10-1,,",IM C12 70.11' 39.27' . N87`42'08"E 61.17' C13 ^ 155.77' 1'23'53" S40'27'16"E 3.80' as 67.51' 151.77' 25°29'10" 527'00'44"E 66.96' C15 62.63' R2 31 °54'07" Graphic Scale 61.82' C16 0 20 40 80 N52'21'30"W 26.92' C17 In Feet: 1 " = 40° 140.56' 11'17'46" N75 -47'13"W 27.67' C18 C 126.99' 9'54'22" S30'09'32"E rn C19 37.58' 155.56' 13'50'31" S83'15'40"E 37.49' L41 R -25-A -o 22.21' L42 S41 °09'12"E STARWOOD r L43 S50°14'41 "W 4.00' TWO o V) R-49 STARWOOD SEVEN WIF /✓PHF. v v r „��, �, Mfr"' y �. ,� < � .,�' `,��r � /�.. ��: ,^ y���� m,�� �, i✓. ..9i.'° -�� . CIO i y S � ✓� 23 >x ��✓ ��i Xi r y, Ripe eco MIN. SLOPE MAX. SLOPE _1 i� �Activity Envelope- \ R -53-A Starwood STARW000 SEVEN T C'Q Pitkin County,LI ®\3 Colorado �pip G P6 2.01 C>6 \ PROPERTY DESCRIPTION: \ LOT R23 -A, STARWOOD TWO, ACCORDING TO THE REPLAT OF LOTS R-23 AND R-25 STARWOOD TWO, RECORDED MAY 9, 1972 IN PLAT BOOK 4 AT PAGE 254 IN THE OFFICE OF THE PITKIN COUNTY CLERK AND RECORDER. 'OSED . k GESS _LOPE��� NOTES: 010� >X20"t 1. This map has been prepared pursuant to client request for an Activity Envelope Plan. i� LEACH ��' �� • �� FIELD �. a �� 2. Units of linear measurements are displayed in US Survey Feet. ' EASEMENT oo U REC. 3. Datum and Contour Interval: Contours and Elevations are shown on NGVD29 converted from NAVD88 using VERTCON. Contour interval is 1.0' Minor and �a o. ��>' :.�5.0' Major. (SERVES I ' � •i LOT R53 -A " ' 4. Flood Zone Information: Based on FEMA FIRM Panel 08097cO201 C, with on effective date of June 4, 1987. the subject property lies outside of Flood Line �� • in area described as Zone X, Areas determined to be outside of 500 Year Flood Plain". r & ZIFF `LOT " SPLIT, PARCEL 1) \, DISCLAIMER APPLICANT ACKNOWLEDGES THAT HE/SHE HAS BEEN INFORMED BY PITKIN COUNTY OF y THE EXISTENCE OF ENVIRONMENTAL HAZARD AREAS THAT MIGHT AFFECT THE PROPERTY, y ✓C �" -' ANY IMPROVEMENTS, AND THE USE AND OCCUPANCY THEREOF. ' THE PROVISIONS OF THE c srs�s; PITKIN COUNTY REGULATIONS DO NOT IN ANY WAY ASSURE OR IMPLY THAT AREAS OUTSIDE OF DESIGNATED HAZARD AREAS WILL BE FREE FROM HAZARDS OR THAT APPROVED MITIGATION MEASURES WILL GUARANTEE THE SAFETY OF ANY PROPERTY. bow / CARROLL DRIVE PROPERTIES, LLC m y e� By- ---------�------------------- as-------- PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THIS ACTIVITY ENVELOPE PLAN HAS BEEN REVIEWED �AN D APPROVED BY THE PITKIN COMMUNITY DEVELOPMENT DIRECTOR THIS ___tAY OF 2016, SUBJECT TO THE TERMS AND CONDITIONS OF ADMINISTRATki DECISION _Fq- t � _ RECORDED IN TUE PITKIN COUNTY CLERK AND RECORDER'S OFFICE AS RECEPTION N0. 4��••' ••`'yam / BY: ---------r�------ --- :� COMMU 1: Y DEVELOPMENT DIR E C 0��AL I / RA CLERK / CLERK AND RECORDER ACCEPTANCE FOR RECORDING THIS ACTIVITY ENVELOPE PLAN HAS BEEN ACCEPTED FOR FILING.4N THIS .OFFICE OF .THE C ERK AND RECORDER OF 0 E PITKIN COUNTY COLORADO ON THIa DAY OF 20 6 1 IN PLA > � � _ T BOOK _ AT PA !d. GE ,r AS 1L� REC P 10 )OD _ ET NNO. , i r .0 ``" ate- ", 1�6 � t��+s. ✓,� � � ��" � - ,�c '., iy/�✓:'. .,.b. /*si �, '�� � (p / R ON RECEPTION#: 631799 08130/2016 at x / BY: 11:54:39 �4M}1 OF 1 R $11.00 Janine K. \ LOT R23 -A ------------- CLERK AND RECORDER De!��-��f Vos Caudill, Pitkin County, CO r Vfib STARWOOD TWO C PLAT BK 115 PG 57 PLAT BOOK 4 PAGE 245 A�.PE' 4.055 ACRES t + PARCEL 1 / / ZIFF LOT SPLIT -�- e � / N67.33'00"E 10.47' PARCEL2 ZIFF LOT SPLIT SLOPE TABLE ' NUMBER MIN. SLOPE MAX. SLOPE COLOR 0 0.000% 15.000% 11 1 15.000% 30.000% a 2 30.000% 45.000% 11'29'01" 3 45.000% 100% 138.07' - CURVE TABLE - CURVE # ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C1 456.02' 631.11' 41'24'00" N46'51'00"E 446.16' C2 125.22' 624.77' 11'29'01" N31'53'30"E 125.01' C3 138.07' 112.48' 70°19'52" NO2'28'04"E 129.56' C4 94.09' 290.09' 18'35'01" N41 *59'22"W 93.68' C5 79.36' 60.00' 75'47'00" N89.10'23"W 73.70' C6 118.02' 120.00' 56'21'01" S81 *06'38"W 113.32' C7 62.38' 33.14' 107'49'36" N25'17'48"E 53.57' C8 84.51' 104.20' 46'28'24" N52'51'47"E 82.22' C9 26.33' 186.77' 8'04'37" N35.43'01 "W 26.31' C10 4.53' 185.77' 1 °23'53" N40'27'16"W 4.53' C11 123.67' 69.27' 102'17'19" S87'42'08"W 107.89' C12 70.11' 39.27' 102'17'19" N87`42'08"E 61.17' C13 3.80' 155.77' 1'23'53" S40'27'16"E 3.80' C14 67.51' 151.77' 25°29'10" 527'00'44"E 66.96' C15 62.63' 112.48' 31 °54'07" N11'03'20"E 61.82' C16 27.10' 69.27' 22'24'37" 1 N52'21'30"W 26.92' C17 27.71' 140.56' 11'17'46" N75 -47'13"W 27.67' C18 21.96' 126.99' 9'54'22" S30'09'32"E 21.93' C19 37.58' 155.56' 13'50'31" S83'15'40"E 37.49' - LINE TABLE - LINE # BEARING DISTANCE L1 S36'33'29"W 48.18' L2 S35'24'51 "W 87.10' L3 S79°25'39"E 27.30' L4 S65'19'43"E 81.88' L5 S44°11'42"W 48.71' L6 S28'27'42"W 39.83' L7 S34'02'01 "W 15.50' L8 S28°59'18"W 22.72' L9 S21 *53'22"W 29.71' L10 S08'17'36"W 35.30' L11 S69°59'47"W 24.37' L12 S03°58'39"E 42.04' L13 S42'49'27"W 46.37' L14 N7357'10"W 54.56' L15 S44'53'14"W 35.24' L16 S48°57'43"W 22.56' L17 S51 *52'55"W 52.42' L18 N51 *34'09"W 21.05' L19 N73°29'53"W 21.95' L21 N31 '47'00"E 109.77' L22 N19'40'00"E 65.11' L23 N82'43'54"E 16.93' L24 N79°12'36"E 56.63' L25 N81'41'58"E 33.60' L26 N76'05'59"E 24.25' L27 S3633'29"W 13.91' L28 S19'40'00"W 92.66' L29 S12°59'25"E 53.80' L30 N79°12'36"E 46.56' L31 N79°12'36"E 46.56' L32 N12`59'25"W 133.88' L33 S50°14'41 "W 1.00' L34 N41'09'12"W 27.18' L35 S3633'29"W 22.21' L36 S3633'29"W 48.18' L37 S35'24'51 "W 87.10' L38 S79'25'39"E 27.30' L39 S65'19'43"E 5.32' L40 N35'51'38"E 122.21' L41 N36'33'29"E 22.21' L42 S41 °09'12"E 27.18' L43 S50°14'41 "W 4.00' W* M 7lot et, Suite 200 CO 81601 vw.sgm-inc.com Of R'2 3'A� Starwood 1 wo Pitkin County, CO # Revision Date By Activity Envelope Plan Job No. 2016-109.001 1 Drawn by: JLW 3 Date:.11 - 08/08/16 4 REB 5 File: R-23 _A_AEP