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HomeMy WebLinkAboutpitkin.planning.273511101002 (2016)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF TILE 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) DECISIONS • REjjTION#: 634064,11/2212016 at 10: 4 AM, 1 OF 11, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE PMUN COUNTY, COLORADO, COMMUNITY DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE 10 MAROON DRIVE LLC ACTIVITY ENVELOPE AND SITE PLAN Administrative Decision Noaq-2016 RECITALS 10 Maroon Drive LLC (hereafter referred to as "Applicant") has applied to the Community Development Director of Pitkin County, Colorado ("Director") for Activity Envelope and Site Plan Review to demolish a single family residence and redevelop a new single family residence. The Applicant also requests approval to construct a lap pool, detached pool house and patio, and landscaping improvements. The residence is proposed to contain approximately 8,180 square feet of gross floor area. The Applicant has proposed to use one (1) Transferrable Development Right (TDR) for development over 5,750 square feet of gross floor area. The Lot is located at 27 Maroon Drive (formally 10 Maroon Drive) and is legally described as Lot 10 of the BOCC approved Pyramid View Subdivision. The Lot is within the Aspen Urban Growth Boundary (UGB). PID#: 273511101002 2. The Lot is approximately 45,274 square feet, is in the R-30 zone district, and is conforming in size. The Lot received Activity Envelope and Site Plan approval pursuant to Administrative Decision No. 05-2010 (Reception No. 566812). The Activity Envelope and Site Plan was recorded at BK93 PG29. This approval is no longer vested and was not acted upon. 3. Pursuant to 6-30-100(Bxlxa), the Lot is exempt from the Growth Management Quota System (GQMS) up to 5,750 square feet of gross floor area. The Applicant has indicated the intent to apply one (1) TDR to this Lot for development exceeding 5,750 square feet of gross floor area. Final maximum gross floor area for the Lot is proposed to be approximately 8,180 square feet. Pursuant to Section 6-30-50(bxl), the Lot is exempt from Special Review for a TDR Receiver Site because the Lot is located within the Aspen UGB. 4. The Lot is visible from Hwy 82. Staff has conducted a site visit and the future residence will not obstruct a ridgeline as viewed from the Highway. The parcel is not mapped within any big game ranges. The Applicant has provided a 2009 wildfire report from the previous Activity Envelope and Site Plan application which states the Lot is mostly within a low wildfire hazard area on the flat portion of the Lot, but is within a severe wildfire hazard area on the steep, western portion of the Lot. The severe wildfire hazard rating is due to heavy vegetation and steep slopes. Staff conducted a site visit at the Lot and the site conditions and vegetation outlined in this 2009 report still exist and the report is applicable. The wildfire report states that thinning must occur on the steep slope to mitigate the hazard. The Applicant has committed to hand thinning to accomplish this. The report also recommends that within 37' from the top of the steep western slope, severe wildfire construction techniques shall be used for construction of the residence. The Applicant will be required to comply with these recommendations. The existing residence is served by the Aspen Consolidated Sanitation District and the City of Aspen Water Service. Both utilities will continue to provide service to the future residence. RECEPTION#: 634170, 11/28/2016 at 12:21:06 PM, 1 OF 11, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO Page I of 5 • 6. The Application was referred to the Aspen Fire Protection District, Aspen Tennis Club Caucus, Pyramid View HOA, City of Aspen Engineering Department, and Colorado Parks and Wildlife (CPW). Some comments were received and incorporated into this Decision. The Director finds that pursuant to Chapter 7 of the Land Use Code, the proposed Activity Envelope will avoid constraints on the Lot. Specifically the proposed Activity Envelope will avoid slopes > 30%, is not located near a creek or stream, and the wildfire hazard can be mitigated. The Director further finds that the proposed Site Plan has shown compliance with the Scenic View Protection Standards located in Land Use Code Section 7-20-120(d) and the request can be approved, subject to conditions outlined in this Decision. APPROVED by the Director, subject to the following conditions: The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit review. Structures represented in the application might not be permitted under building and zoning regulations. 3. The Lot is exempt from Growth Management Quota System (GMQS) for residential development up to 5,750 square feet of gross floor area Additional floor area above this amount requires use of TDR's. At building permit application, the Applicant shall surrender one (1) original TDR Certificate and a copy of the deed(s) evidencing the Applicant's acquisition of the Certificates (if applicable) for development not to exceed 8,250 square feet of gross floor area. 4. The Applicant shall comply with all standards for development within Scenic View Protection Areas as represented in the application and approved in this Decision. The exterior of the residence shall utilize indigenous earth tone materials or colors and the roofs shall have a non - reflective color or composition. Reflective roof materials, with the exception of materials associated with solar or photovoltaic equipment, shall not be used unless the materials are treated to eliminate reflectivity prior to installation. All exterior lighting shall comply with the lighting code. Exterior materials samples shall be provided at building permit submittal. Prior to submission of any future building permit applications, the Applicant shall submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 6. No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any external development located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. Approval of a landscape envelope within such setbacks does not assure approval of a variance. Page 2 of 5 0 7. At building permit application, the Applicant shall: A. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. B. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre. C. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. D. Provide letter from the City of Aspen Water Department and Aspen Consolidated Sanitation District stating their intent to serve the proposed development. E. Submit engineered plans for retaining walls greater than four feet in height. F. The Applicant shall obtain an Earthmoving, Clearing and Grubbing permit(s) for any and all hardscape, retaining walls, earthwork, ponds, utilities, and landscaping. G. Submit a construction management plan for review and approval by the Planning Engineer showing the locations of staging, material storage, and employee and construction traffic parking. H. Submit a tree mitigation plan pursuant to Code Section 7-20-10 and post construction revegetation plan. I. Submit for an access/driveway permit that meets the standards of the Pitkin County Road Maintenance and Management Plan. 8. At building permit issuance, the Applicant shall pay the applicable road and housing impact fees. 9. The property shall comply with Attachment A, regarding wildfire hazards and consider these recommendations conditions of this approval. The property shall also comply with the following standards: A. The Applicant shall comply with all requirements of the Aspen Fire Protection District. B. The residence shall be sprinklered. C. A minimum water supply of 20,000 gallons shall be provided. Confirmation of the nearest fire hydrant can be provided to mitigate this requirement. D. Thinning of vegetation downslope of the residence (western portion of the property) pursuant to Attachment A shall be conducted manually without use of machinery on the slope. E. Severe wildfire construction techniques and materials shall be implemented for all portions of the residence within 37' from the top of the western slope. 10. The Applicant shall comply with the following general conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelope is prohibited except for wildfire mitigation. B. Mesh or woven wire fences are prohibited. C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. D. Wire fencing must be three (3) strands or less. The top wire should be a twelve -point - five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may he barbed) should be located a minimum twelve (12) Page 3 of 5 0 0 inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. E. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. F. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs. G. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. H. Trash/garbage shall be kept in an approved bear resistant container or enclosure. These containers shall be accessible to and use at all times by contractors on site. I. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. J. Pet food shall not be left outside. K. Dogs are prohibited during construction. L. All exterior door knobs shall have round handles. 11. No development shall occur outside the approved activity envelope with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved Activity Envelope. 12. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the comers of the Activity Envelope and install construction fencing around the construction site within the perimeter of the Activity Envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 13. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within one growing season of the project's completion. 14. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on November �, 2016. 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. Page 4 of 5 0 PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the J_ day of bM • , 2016. PUBLIC NOTICE FOR THE APPLICATION WAS PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 1" DAY OF SEPTEMBER 2016 APPROVED by the Director, this /0- day of VCPLLa 2016. Cindolouben,� Community Development Director PIN 273511101002 P063-16 Page 5 of 5 • t qATTACHMENT m d v 0 20 October 2009 m m v Courtney Lord `i 9 Pyramid Drive P Aspen, Colorado 81611 RE: 10 Maroon Wildfire Hazard Review E Dear Courtney: 0 0 0 4 I am pleased to present this wildfire hazard review letter report for the residence g c at 10 Maroon. The project site is currently developed but is identified for improvements, including a new (replacement) single-family residence, outdoor n terrace, gardens and vegetated screening for County Scenic View Protection from a m Highway 82 and HOA screening from Maroon Drive. I have reviewed the parcel's — existing conditions, including topography, vegetation, built improvements and the c proposed site plan. My observations are based on a site visit and technical information made available to me by the consultant team. " Current/ Proposed Conditions The subject property was visited on August 19, 2009. The property is not mapped on the Pitkin County adopted Wildfire Hazard Area Maps (1997 Colorado Forest 'Low „ Service). Based on my site visit the majority of the site is considered to be Hazard' as it is typified by moderate slopes and mesic vegetation. The western o quarter of the parcel is considered to be a'Severe Wildfire Hazard' condition for its t steep slopes and continuous horizontal and vertical fuel paths. 5 gThe topography found on site are as illustrated on the site survey. Occupying a site above Maroon Creek, slopes are relatively flat for the majority of the parcel. Slopes exceeding 15% and ranging as high as 60%, are found along the western edge of the parcel where the topography slopes continuously down to Pyramid Road and Maroon Creek. Man-made berms, approximately 4 -feet in height, border the north and south property lines from Maroon Drive to the top edge of the western slope. The vegetation found on site Is primarily native grasses and Sage. Mature Serviceberry, Gambel Oak and native grasses dominate the steep western slope. Mature irrigated conifer and aspen trees can be found near the existing residence. It is understood that some of these mature trees will be preserved. The man- made berms found along the adjoining north and south property lines are irrigated and densely planted with conifers and aspens for visual screening purposes. The proposed site plan shows the new residence situated near the top edge of the western slope. The steep continuous grades and vertical and horizontal continuity 0 0 of down-slope fuel paths associated with this area will require a combination of wildfire hazard mitigation techniques, including the creation of defensible space, and special structural design and construction techniques. General mitigation measures relative to site design and construction are outlined below along with specific techniques for mitigating the 'Severe Wildfire' condition. Overall, the prescribed mitigation measures provide a balance between adequate wildfire mitigation and County and HOA scenic screening requirements. Mitigation Recommendations Defensible Space - Western Slope For the areas situated west and down-slope of new construction the following mitigation requirements shall provide a zone of defensible space, protecting new construction from wildfires, while maintaining a smooth visual transition between the development and the adjacent natural vegetation. From the top edge of the western slope and extending thirty (30) feet down-slope: o Maintain natural and/or irrigated grass at less than six (6) Inches and thin existing trees and shrubs into discrete clumps. o Maintain separation between tree and shrub clumps by a distance no less than 2.5 times the height of the mature vegetation. o Tree limbs shall be pruned to one half the height of the tree or ten (10) feet, whichever is less. o Remove all brush, which when mature, will be tall enough to act as ladder fuels to clumps. All branches of existing/ preserved trees that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. All down-slope deadfall shall be removed. o The property owner shall be responsible for the continued maintenance of the down slope vegetation requirements. o New woody vegetation shall not be planted in this area except for specific Highway 82 Scenic View Protection purposes with the following conditions: o New screening shall be sited along the northern property line on slopes no greater than 15% and no closer than twenty (20) feet to new construction. o Maintain down-slope spacing to trees and shrubs clumps as described above. o All new shrubs or trees are to be irrigated to keep fuel moistures high. Defensible Space - General o Brush, debris and non -ornamental vegetation shall be removed within a minimum fifteen (15) foot perimeter around all structures and the drip line of any preserved trees within this offset. 0 0 Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. o All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. o Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. 0 All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 0 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. All deadfall up to a one hundred (100) foot perimeter shall be removed. o No new conifer trees shall be planted within ten (10) feet of a residence. 0 Flammable mulches (wood chips) are not allowed within two (2) feet of the residence. C The property owner shall be responsible for the continued maintenance of the general vegetation requirements. Access 0 Because the property lies within the Urban Growth Boundary, access roads and driveways shall be built to City of Aspen standards. Standards may be increased based on comment by local fire protection district input for emergency vehicle access. o Conifers are not allowed within fifteen (15) feet of the driveway (except at the Maroon Drive access for visual screening of the garage and residence). o Low vegetation (grasses, ground covers and shrubs) shall be kept mowed to less than six (6) inches within ten (10) feet of either side of the driveway. Water Supply for Fire Safetv o The subdivision is supplied with pressurized water through a fire hydrant system. Structural Design Materials and Construction Techniques Due to the close up -hill proximity of the proposed development to the severe wildfire hazard, important structural and construction techniques must be implemented to make the new residence more fire -resistive where it faces or closely adjoins the west slope. Severe wildfire construction techniques and materials shall be implemented for all portions 0 0 of the building that fall within a thirty seven (37) foot offset from the top of slope. This calculation assumes: o Average slope (and indirect uphill convective and radiant energy path) of 45% o Roof line of seventeen (17) feet General construction techniques and materials are outlined below along with appropriate recommendations for the 'Severe Hazard' condition. Any methods approved for the Severe Wildfire Hazard Areas may be used in other areas. Roofing Standards: Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: o All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. o All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. o Protrusions above the roonine, such as parapets, are prohibited. c All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. Roofing Materials: New roofs shall be constructed with a minimum Class A roof covering or Class A Assembly as defined by the currently adopted Building Code. o No wood shakes or shingles. Roof Venting: o Soffit venting shall be located in the outer 1/3ra portion of the overhang. o Attic, soffit and other roof venting shall be of non -corrosive metal mesh with maximum 1/4" openings. Projections at the Roofline, including Soffits, Rakers, Porch or Deck Roofs, Fascias, or Other: General C Sheath with non-combustible materials, or c Combustible materials underlain with 5/8" Type X gypboard or equal, or o Minimum 4x6 rafters with 2x T&G decking. Severe o One (1) hour rated material or any material underlain by 5/8" Type X gypboard or equal, or c "Type IV" Heavy Timber materials, per the currently adopted building code. • C' Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline General: Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking and 2x railings, or equivalent log construction. ver : o Construction with noncombustible or one (1) hour rated material, or material with flame spread <25 (tested to ASTM E84 and listed for exterior use), or e Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypboard or equal (decking as above), or o "Type IV" Heavy Timber materials: joist and beams minimum 6"x10", columns minimum 8"x8", decking minimum 4" in depth, or decking as above; or equivalent log construction, or 0 Enclose projection vertically to ground with one hour fire resistive materials. Decking as above. Railings Severe: o Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials. Exterior of the structure, Including All Walls Severe: o One (1) hour fire resistive rated materials, or 0 5/8" gypboard underlying combustible materials, or 0 Cement stucco, minimum 3/4" thickness. 0 All glazing to be tempered glazing; and o Doors to be metal or wood 1 3/4" thick minimum. Foundations evere: o Foundations, skirting, and crawl space openings shall be fully enclosed and constructed with materials approved for one (1) hour fire -resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. Maintenance and Other Requirements o Roofs and gutters shall be kept clear of debris. o Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (1/4) inch maximum. o All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. C Weeds and grasses within the ten (10) feet perimeter shall be maintained to a height of not more than six (6) inches. C Fences shall be kept clear of brush and debris. _ Wood fences shall not connect to other structures. o Propane tanks shall be buried, if possible, or installed according to NEPA 58 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 two (2) hour fire resistive construction on the exterior side of the walls. D Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. o Addresses shall be clearly marked with two (2) inch high non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible surface. o All existing woody vegetation that is to be thinned or removed in fulfillment of these wildfire hazard mitigation requirements shall be flagged for review by County staff prior to removal or thinning. Please call me at 429 7499 if you have any questions and/or comments regarding this letter report or require additional information. You may also reach me via email at dan@bluegreenaspen.com. Thank you for the opportunity to review your property and let me know if I can be of further assistance. Sincerely, 111&1-41 Dan McCormick J RECEPTION#: 634064,11/22/2016 at 10:43:04 AM, 1 OF 11, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE PITKIN COUNTY, COLORADO, COMMUNITY DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE 10 MAROON DRIVE LLC ACTIVITY ENVELOPE AND SITE PLAN Administrative Decision No83--2016 RECITALS 10 Maroon Drive LLC (hereafter referred to as "Applicant") has applied to the Community Development Director of Pitkin County, Colorado ("Director") for Activity Envelope and Site Plan Review to demolish a single family residence and redevelop a new single family residence. The Applicant also requests approval to construct a lap pool, detached pool house and patio, and landscaping improvements. The residence is proposed to contain approximately 8,180 square feet of gross floor area. The Applicant has proposed to use one (1) Transferable Development Right (TDR) for development over 5,750 square feet of gross floor area. L The Lot is located at 27 Maroon Drive (formally 10 Maroon Drive) and is legally described as Lot 10 of the BOCC approved Pyramid View Subdivision. The Lot is within the Aspen Urban Growth Boundary (UGB). PID#: 273511101002 2. The Lot is approximately 45,274 square feet, is in the R-30 zone district, and is conforming in size. The Lot received Activity Envelope and Site Plan approval pursuant to Administrative Decision No. 05-2010 (Reception No. 566812). The Activity Envelope and Site Plan was recorded at BK93 PG29. This approval is no longer vested and was not acted upon. 3. Pursuant to 6-30-100(Bxlxa), the Lot is exempt from the Growth Management Quota System (GQMS) up to 5,750 square feet of gross floor area. The Applicant has indicated the intent to apply one (1) TDR to this Lot for development exceeding 5,750 square feet of gross floor area. Final maximum gross floor area for the Lot is proposed to be approximately 8,180 square feet. Pursuant to Section 6-30-50(bxl), the Lot is exempt from Special Review for a TDR Receiver Site because the Lot is located within the Aspen UGB. 4. The Lot is visible from Hwy 82. Staff has conducted a site visit and the future residence will not obstruct a ridgeline as viewed from the Highway. The parcel is not mapped within any big game ranges. The Applicant has provided a 2009 wildfire report from the previous Activity Envelope and Site Plan application which states the Lot is mostly within a low wildfire hazard area on the flat portion of the Lot, but is within a severe wildfire hazard area on the steep, western portion of the Lot. The severe wildfire hazard rating is due to heavy vegetation and steep slopes. Staff conducted a site visit at the Lot and the site conditions and vegetation outlined in this 2009 report still exist and the report is applicable. The wildfire report states that thinning must occur on the steep slope to mitigate the hazard. The Applicant has committed to hand thinning to accomplish this. The report also recommends that within 37' from the top of the steep western slope, severe wildfire construction techniques shall be used for construction of the residence. The Applicant will be required to comply with these recommendations. The existing residence is served by the Aspen Consolidated Sanitation District and the City of Aspen Water Service. Both utilities will continue to provide service to the future residence. Page / of 5 6. The Application was referred to the Aspen Fire Protection District, Aspen Tennis Club Caucus, Pyramid View HOA, City of Aspen Engineering Department, and Colorado Parks and Wildlife (CPW). Some comments were received and incorporated into this Decision. 7. The Director finds that pursuant to Chapter 7 of the Land Use Code, the proposed Activity Envelope will avoid constraints on the Lot. Specifically the proposed Activity Envelope will avoid slopes > 30%, is not located near a creek or stream, and the wildfire hazard can be mitigated. The Director further finds that the proposed Site Plan has shown compliance with the Scenic View Protection Standards located in Land Use Code Section 7-20-120(d) and the request can be approved, subject to conditions outlined in this Decision. APPROVED by the Director, subject to the following conditions: The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit review. Structures represented in the application might not be permitted under building and zoning regulations. 3. The Lot is exempt from Growth Management Quota System (GMQS) for residential development up to 5,750 square feet of gross floor area. Additional floor area above this amount requires use of TDR's. At building permit application, the Applicant shall surrender one (1) original TDR Certificate and a copy of the deed(s) evidencing the Applicant's acquisition of the Certificates (if applicable) for development not to exceed 8,250 square feet of gross floor area. 4. The Applicant shall comply with all standards for development within Scenic View Protection Areas as represented in the application and approved in this Decision. The exterior of the residence shall utilize indigenous earth tone materials or colors and the roofs shall have a non - reflective color or composition. Reflective roof materials, with the exception of materials associated with solar or photovoltaic equipment, shall not be used unless the materials are treated to eliminate reflectivity prior to installation. All exterior lighting shall comply with the lighting code. Exterior materials samples shall be provided at building permit submittal. 5. Prior to submission of any future building permit applications, the Applicant shall submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 6. No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any external development located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. Approval of a landscape envelope within such setbacks does not assure approval of a variance. Page 2 of At building permit application, the Applicant shall: A. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. B. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre. C. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. D. Provide letter from the City of Aspen Water Department and Aspen Consolidated Sanitation District stating their intent to serve the proposed development. E. Submit engineered plans for retaining walls greater than four feet in height. F. The Applicant shall obtain an Earthmoving, Clearing and Grubbing permit(s) for any and all hardscape, retaining walls, earthwork, ponds, utilities, and landscaping. G. Submit a construction management plan for review and approval by the Planning Engineer showing the locations of staging, material storage, and employee and construction traffic parking. H. Submit a tree mitigation plan pursuant to Code Section 7-20-10 and post construction revegetation plan. I. Submit for an access/driveway permit that meets the standards of the Pitkin County Road Maintenance and Management Plan. 8. At building permit issuance, the Applicant shall pay the applicable road and housing impact fees. 9. The property shall comply with Attachment A, regarding wildfire hazards and consider these recommendations conditions of this approval. The property shall also comply with the following standards: A. The Applicant shall comply with all requirements of the Aspen Fire Protection District. B. The residence shall be sprinklered. C. A minimum water supply of 20,000 gallons shall be provided. Confirmation of the nearest fire hydrant can be provided to mitigate this requirement. D. Thinning of vegetation downslope of the residence (western portion of the property) pursuant to Attachment A shall be conducted manually without use of machinery on the slope. E. Severe wildfire construction techniques and materials shall be implemented for all portions of the residence within 37' from the top of the western slope. 10. The Applicant shall comply with the following general conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelope is prohibited except for wildfire mitigation. B. Mesh or woven wire fences are prohibited. C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. D. Wire fencing must be three (3) strands or less. The top wire should be a twelve -point - five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) Page 3 of 5 inches apart and from the top wive preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. E. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. F. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs. G. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. H. Trash/garbage shall be kept in an approved bear resistant container or enclosure. These containers shall be accessible to and use at all times by contractors on site. I. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and he at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. J. Pet food shall not be left outside. K. Dogs are prohibited during construction. L. All exterior door knobs shall have round handles. 11. No development shall occur outside the approved activity envelope with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved Activity Envelope. 12. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the comers of the Activity Envelope and install construction fencing around the construction site within the perimeter of the Activity Envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 13. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within one growing season of the project's completion. 14. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on November 2016. 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. Page 4 of 5 PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklv on the _ day of 2016. PUBLIC NOTICE FOR THE APPLICATION WAS PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 1" DAY OF SEPTEMBER 2016 APPROVED by the Director, this /66 --day of VCVLLC 2016. C!'1" Cin4441ouben, Community Development Director PID# 273511101002 P063-16 Page 5 of 5 qATTACHMENT m d m a n 20 October 2009 m m a a Courtney Lord e 9 Pyramid Drive a Aspen, Colorado 81611 RE: 10 Maroon Wildfire Hazard Review The vegetation found on site Is primarily native grasses and Sage. Mature Serviceberry, Gambel Oak and native grasses dominate the steep western slope. Mature irrigated conifer and aspen trees can be found near the existing residence. It is understood that some of these mature trees will be preserved. The man- made berms found along the adjoining north and south property lines are irrigated and densely planted with conifers and aspens for visual screening purposes. The proposed site plan shows the new residence situated near the top edge of the western slope. The steep continuous grades and vertical and horizontal contlnulty Dear Courtney: u m o I am pleased to present this wildfire hazard review letter report for the residence c at 10 Maroon. The project site is currently developed but is identified for improvements, including a new (replacement) single-family residence, outdoor d o terrace, gardens and vegetated screening for County Scenic View Protection from a m Highway 82 and HOA screening from Maroon Drive. I have reviewed the parcel's — existing conditions, including topography, vegetation, built improvements and the 3 o proposed site plan. My observations are based on a site visit and technical information made available to me by the consultant team. " Current/ Proposed Conditions The subject property was visited on August 19, 2009. The property is not mapped Z on the Pitkin County adopted Wildfire Hazard Area Maps (1997 Colorado Forest —„ Service). Based on my site visit the majority of the site is considered to be 'Low Hazard' as it is typified by moderate slopes and mesic vegetation. The western n quarter of the parcel is considered to be a'Severe Wildfire Hazard' condition for its r steep slopes and continuous horizontal and vertical fuel paths. 5 $ The topography found on site are as illustrated on the site survey. Occupying a M site above Maroon Creek, slopes are relatively flat for the majority of the parcel. Slopes exceeding 15% and ranging as high as 60%, are found along the western edge of the parcel where the topography slopes continuously down to Pyramid Road and Maroon Creek. Man-made berms, approximately 4 -feet in height, border the north and south property lines from Maroon Drive to the top edge of the western slope. The vegetation found on site Is primarily native grasses and Sage. Mature Serviceberry, Gambel Oak and native grasses dominate the steep western slope. Mature irrigated conifer and aspen trees can be found near the existing residence. It is understood that some of these mature trees will be preserved. The man- made berms found along the adjoining north and south property lines are irrigated and densely planted with conifers and aspens for visual screening purposes. The proposed site plan shows the new residence situated near the top edge of the western slope. The steep continuous grades and vertical and horizontal contlnulty of down-slope fuel paths associated with this area will require a combination of wildfire hazard mitigation techniques, including the creation of defensible space, and special structural design and construction techniques. General mitigation measures relative to site design and construction are outlined below along with specific techniques for mitigating the 'Severe Wildfire' condition. Overall, the prescribed mitigation measures provide a balance between adequate wildfire mitigation and County and HOA scenic screening requirements. Mitigation Recommendations Defensible Space - Western Slope For the areas situated west and down-slope of new construction the following mitigation requirements shall provide a zone of defensible space, protecting new construction from wildfires, while maintaining a smooth visual transition between the development and the adjacent natural vegetation. From the top edge of the western slope and extending thirty (30) feet down-slope: o Maintain natural and/or irrigated grass at less than six (6) inches and thin existing trees and shrubs into discrete clumps. o Maintain separation between tree and shrub clumps by a distance no less than 2.5 times the height of the mature vegetation. o Tree limbs shall be pruned to one half the height of the tree or ten (10) feet, whichever is less. o Remove all brush, which when mature, will be tall enough to act as ladder fuels to clumps. All branches of existing/preserved trees that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. o All down-slope deadfall shall be removed. o The property owner shall be responsible for the continued maintenance of the down slope vegetation requirements. e New woody vegetation shall not be planted in this area except for specific Highway 82 Scenic View Protection purposes with the following conditions: o New screening shall be sited along the northern property line on slopes no greater than 15% and no closer than twenty (20) feet to new construction. C, Maintain down-slope spacing to trees and shrubs clumps as described above. o All new shrubs or trees are to be irrigated to keep fuel moistures high. Defensible Space - General o Brush, debris and non -ornamental vegetation shall be removed within a minimum fifteen (15) foot perimeter around all structures and the drip line of any preserved trees within this offset. Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. o All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. o Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. v All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. c 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. All deadfall up to a one hundred (100) foot perimeter shall be removed. No new conifer trees shall be planted within ten (10) feet of a residence. o Flammable mulches (wood chips) are not allowed within two (2) feet of the residence. o The property owner shall be responsible for the continued maintenance of the general vegetation requirements. Access Because the property lies within the Urban Growth Boundary, access roads and driveways shall be built to City of Aspen standards. Standards may be increased based on comment by local fire protection district input for emergency vehicle access. o Conifers are not allowed within fifteen (15) feet of the driveway (except at the Maroon Drive access for visual screening of the garage and residence). Low vegetation (grasses, ground covers and shrubs) shall be kept mowed to less than six (6) inches within ten (10) feet of either side of the driveway. Water Supply for Fire Safety o The subdivision is supplied with pressurized water through a fire hydrant system. Structural Design Materials and Construction Techniques Due to the close up -hill proximity of the proposed development to the severe wildfire hazard, important structural and construction techniques must be implemented to make the new residence more fire -resistive where it faces or closely adjoins the west slope. Severe wildfire construction techniques and materials shall be implemented for all portions of the building that fall within a thirty seven (37) foot offset from the top of slope. This calculation assumes: c Average slope (and indirect uphill convective and radiant energy path) of 45% o Roof line of seventeen (17) feet General construction techniques and materials are outlined below along with appropriate recommendations for the 'Severe Hazard' condition. Any methods approved for the Severe Wildfire Hazard Areas may be used in other areas. Roofing Standards: Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. Roofs with less than a 3:12 pitch are not permitted cnless they comply with the following: o All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. o All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. e Protrusions above the roofline, such as parapets, are prohibited. o All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. Roofing Materials: New roofs shall be constructed with a minimum Class A roof covering or Class A Assembly as defined by the currently adopted Building Code. 0 No wood shakes or shingles. Roof Venting: o Soffit venting shall be located in the outer 1/3rd portion of the overhang. o Attic, soffit and other roof venting shall be of non -corrosive metal mesh with maximum 1/4" openings. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: General C Sheath with non-combustible materials, or c Combustible materials underlain with 5/8" Type X gypboard or equal, or 0 Minimum 4x6 rafters with 2x T&G decking. Severe o One (1) hour rated material or any material underlain by 5/8" Type X gypboard or equal, or c• "Type IV" Heavy Timber materials, per the currently adopted building code. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline General: C Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking and 2x railings, or equivalent log construction. vere: o Construction with noncombustible or one (1) hour rated material, or material with flame spread <25 (tested to ASTM E84 and listed for exterior use), or o Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypboard or equal (decking as above), or o "Type IV" Heavy Timber materials: joist and beams minimum 6"x10", columns minimum 8"x8", decking minimum 4" in depth, or decking as above; or equivalent log construction, or 0 Enclose projection vertically to ground with one hour fire resistive materials. Decking as above. Railings Sever o Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials. Exterior of the Structure, including All Walls Severe: o One (1) hour fire resistive rated materials, or 0 5/8" gypboard underlying combustible materials, or o Cement stucco, minimum 3/4" thickness. 0 All glazing to be tempered glazing; and o Doors to be metal or wood 1 3/4" thick minimum. Foundations Severe: o Foundations, skirting, and crawl space openings shall be fully enclosed and constructed with materials approved for one (1) hour fire -resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. Maintenance and Other Requirements 0 Roofs and gutters shall be kept clear of debris. 0 Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (1/4) inch maximum. o All Flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. • Weeds and grasses within the ten (10) feet perimeter shall be maintained to a height of not more than six (6) inches. c Fences shall be kept clear of brush and debris. o Wood fences shall not connect to other structures. o Propane tanks shall be buried, if possible, or installed according to NFPA SB 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 two (2) hour fire resistive construction on the exterior side of the walls. • Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. o Addresses shall be clearly marked with two (2) inch high non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible surface. o All existing woody vegetation that is to be thinned or removed in fulfillment of these wildfire hazard mitigation requirements shall be flagged for review by County staff prior to removal or thinning. Please call me at 429 7499 if you have any questions and/or comments regarding this letter report or require additional information. You may also reach me via email at dan@bluegreenaspen.com. Thank you for the opportunity to review your property and let me know if I can be of further assistance. Sincerely, rp Is-'] I Dan McCormick APPLICATION MATERIAL rowland+broughton architecture and urban design APPLICATION An application for an Activity Envelope and Site Plan with Scenic Review and Vested Rights X7 4-G Maroon Drive Aspen, Colorado 81611 16 August 2016 .2-7 Applicant: 1-$ Maroon Drive, LLC 27 Location: U Maroon Drive, Aspen Parcel ID 2735-111-01-002 Represented by., Rowland+Broughton Architecture and Urban Design GGOOOlI 0-c qZ Idw rowland+broughton architecture and urban design 16 August 2016 PROJECT: 10 Maroon Drive LOCATION: 10 Maroon Drive, Aspen Tennis Club Subdivision Lot 10 SUBJECT: Activity Envelope and Site Plan with Scenic Review CC: Matt Freedman, Anna Freedman (Client) Table of Contents Cover Table of Contents 1.0 General Application Letter of Intent 1.1 Applicant's Background Information 1.2 Parcel Description & Vicinity Map 1.3 Demonstration of Legal Creation and Disclosure/Proof of Ownership 1.4 Legal Access - Survey 1.5 Standards Report 1.6 Pre -Application Conference Summary Sheet 1.7 Activity Envelope and Site Plan Attachment 1 —Wildfire Hazard Mitigation Report Attachment 2 — Scenic Viewplane Photo Exhibits Attachment 3 — Domestic Water Agreement Attachment 4 — Previous Approvals Attachment 5 — Adjacent Property Owners Attachment 6 — Land Use Application Fee Agreement 000002 The subject property is a 1.03 acre parcel in the R-30 zone district. The proposed 8,179 sq.ft. residence will completely replace the existing 1,541 sq.ft. residence. The proposed residence is sited within the proposed Activity Envelope that avoids all constrained area and complies with all applicable setbacks. The applicant's entire property is located within the Scenic View Protection Area. However, the residence can only be seen from the bridge over Maroon Creek on State Highway 82. The proposed residence is of simple modern architectural style, using contextual, natural materials and tones that will complement the surrounding landscape. Much of the proposed structure is sub -grade with only one-story above grade, making the building appear smaller and less bulky. The spatial configuration of the home is a courtyard organization with the bulk of the house orientated towards Maroon Drive. The residence will also be screened by landscaping and vegetation and will therefore have a minimal impact on the protected view. The development is consistent with the goals and intentions of the R-30 zone district and complies with all applicable sections of the Pitkin County Land Use Code. Please let me know is there is additional information which I can provide. Best regards, Sarah Broughton, AIA Attachments: (5) Land Use Application Pitkin County review fee of $3,744+$54+$25 = $3,798 total OOU003 _ F u+' F V N rowland+broughton S' f W architecture and urban design H y' a_0 om 0 16 August 2016 = N oo_ Michael Kraemer, Senior Planner o Pitkin County Planning and Zoning 3 ; 130 S. Galena Street o 0 Aspen, CO 81611 ®orn N r PROJECT.- 10 Maroon Drive f ; LOCATION: 10 Maroon Drive, Aspen Tennis Club Subdivision Lot 10 SUBJECT, Activity Envelope and Site Plan with Scenic Review N CC: Matt Freedman, Anna Freedman (Client) _ $ o 0 0 Dear Michael, n V O 3 mo On behalf of our clients, Matt and Anna Freedman, we are writing to request that Pitkin County o> conduct the necessary reviews to provide an Activity Envelope and Site Plan approval for 10 Maroon m Drive in Aspen. This application is in conformance with the Pre -Application Conference Summary, N w dated 7 June 2016 between yourself and Bryan May. The subject property is a 1.03 acre parcel in the R-30 zone district. The proposed 8,179 sq.ft. residence will completely replace the existing 1,541 sq.ft. residence. The proposed residence is sited within the proposed Activity Envelope that avoids all constrained area and complies with all applicable setbacks. The applicant's entire property is located within the Scenic View Protection Area. However, the residence can only be seen from the bridge over Maroon Creek on State Highway 82. The proposed residence is of simple modern architectural style, using contextual, natural materials and tones that will complement the surrounding landscape. Much of the proposed structure is sub -grade with only one-story above grade, making the building appear smaller and less bulky. The spatial configuration of the home is a courtyard organization with the bulk of the house orientated towards Maroon Drive. The residence will also be screened by landscaping and vegetation and will therefore have a minimal impact on the protected view. The development is consistent with the goals and intentions of the R-30 zone district and complies with all applicable sections of the Pitkin County Land Use Code. Please let me know is there is additional information which I can provide. Best regards, Sarah Broughton, AIA Attachments: (5) Land Use Application Pitkin County review fee of $3,744+$54+$25 = $3,798 total OOU003 _ Matt Freedman P.O. Box 4260 Basalt, CO 81621 19 July 2016 Mr. Michael Kraemer, Senior Planner Pitkin County Planning and Zoning 130 S. Galena Street Aspen, CO 81611 Dear Mr. Kraemer, This letter is to certify that I, as owner of 10 Maroon Drive in Aspen, Colorado give Rowland+Broughton and its staff permission to represent us in discussions with Pitkin County regarding an application for an Activity Envelope and Site Plan Review along with any associated reviews that may be required to re -develop the above -referenced property. If you should have any questions regarding this matter, please contact me. Their contact information is as follows: Sarah Broughton, AIA John Rowland, AIA Rowland+Broughton Architecture and Urban Design 117 S. Monarch Street Aspen, CO 81611 Tel 970.544.9006 Fax 970.544.3473 Thank you, Matt Freedman 000004 Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Primary Owner Name and Address 10 MAROON DRIVE LLC PO BOX 4260 BASALT, CO 81621 Additional Owner Detail Legal Description Subdivision: PYRAMID VIEW SUB Lot: 10 Location Physical Ad 110 MAROON DR ASPEN Subdi JPYRAMID VIEW SUB Land Tax Account Parcel Property Type 2015Mill Area Number Number Ley 008 R004516 273511101002 RESIDENTIAL 27.076 Primary Owner Name and Address 10 MAROON DRIVE LLC PO BOX 4260 BASALT, CO 81621 Additional Owner Detail Legal Description Subdivision: PYRAMID VIEW SUB Lot: 10 Location Physical Ad 110 MAROON DR ASPEN Subdi JPYRAMID VIEW SUB Land 10.000 Land Sq Ft: 44,867 2016 Property Value Summary lil Actual Vain I Assessed Value 000005 Land: 2,300,000 183,080 Improvements: 174,4001 13,880 Total: 11 2,474,400 1 196,960 Sale Date: 16/23/2016 Sale Price: 113,250,000 Additional Sales Detail Basic Building Characteristics Number of Residential 1 Buildings: FINISHED GARAGE: Number of Comm/Ind 0 Buildings: CONCRETE P 000006 Residential Building Occurrence 0 Characteristics FINISHED GARAGE: 620 FIRST FL 11,541 CONCRETE P 1331 OPEN PORCH: 25 Total HeatedArea: 1,541 Property Class: SINGLE FAM RES- IMPROVEMEN Ac 11971 Effective Year 11980 Bedrooms: 2 Baths: I 1.5 Quality of Construction: IJAVERAGE Exterior Wall: 11WOOD SD GO Interior Wall: 11DRYWALL Floor: CARPET Heat Type: HT WTR B/B HeatingFuel: GAS Roof Cover: BUILT-UP Roof Structure: GABLE/HIP Neighborhood: 11ASPEN TENNIS CLUB AREAS Super Nbad: WEST ASPEN 000006 VICINITY MAP LEGAL DESCRIPTION SUBDIVISION: ASPEN TENNIS CLUB LOT:10 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3"FLOOR ASPEN, COLORADO 81611 970-925-1766/970-925-6527 June 27, 2016 Matthew Freedman P. O. Box 4260 Basalt, CO 81621 Re: MAROON DRIVE HOLDINGS/10 MAROON DRIVE LOT 10, PYRAMID VIEW SUB PCT24735 Dear Matt, Enclosed are copies of all closing documents for the above transaction. The original Owners Title Policy will be forwarded to you upon completion. We have assigned the above number to your records to assure prompt processing of future title needs involving this property. If you sell or obtain a loan on this property within the next five years, ask your broker or agent to contact Pitkin County Title, Inc., regarding our short term rates which are available to you. Please let me know if you have any questions. We look forward to being of continued service. Joy 4gens Escrow Officer Enc. 000008, 6t�- -0 DEED OF TRANSFERABLE DEVELOPMENT RIGHT AND ASSIGNMENT OF IRREVOCABLE CERTIFICATE OF TRANSFERABLE DEVELOPMENT RIGHT THIS DEED, is made this z77q day of June, 2016, by and between MAROON DRIVE HOLDINGS, LLC, a Colorado limited liability company ("Grantor") and 10 MAROON DRIVE, LLC, a Colorado limited liability company, whose address is ("Grantee") IN CONSIDERATION of Two hundred thousand dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby absolutely assigns, transfers, grants and conveys unto Grantee and its successors and assigns, Irrevocable Certificate of Transferable Development Right, Certificate No. IR -9946 -ES re -issued July 28, 2011 (hereinafter "TDR"), a true and correct copy of which is attached hereto as Exhibit "A" and the original of which is delivered to the Grantee herewith. The Grantor represents and warrants that it is the owner and holder of, has good title in and to, and holds the original of the TDR herein conveyed to Grantee free and clear of any and all debts, liens and/or encumbrances of any nature whatsoever, that it has the full right to convey, transfer and assign the same to Grantee, and that it will warrant and defend the title to the TDR unto Grantee and its successors and assigns forever, against the lawful claims and demands of all persons. The Grantor agrees, if requested by the Grantee, to execute and deliver to the Grantee such other and further instruments and documents and to do such other acts as shall be reasonably necessary to transfer and convey to the Grantee the subject TDR above reference and all rights and benefits appurtenant thereto. IN WITNESS WHEREOF, Grantor has executed this Deed of Transferable Development Right and Assignment of Irrevocable Certificate of Transferable Development Right as of the date first above written. GRANTOR: MAROON DRIVE HOLDINGS, a Colorado limited liability company By: —Karen Osiecki Meehan, Authorized Signer STATE OF ILLINOIS ) ss. COUNTY OF COOK ) The foregoing instrument was acknowledged before me this( day of June, 2016 by: Karen Osiecki Meehan, Authorized Signer for Maroon Drive Holdings, LLC, a Colorado limited liability � company. Witness my hand and official seal. .l, J,C-/X-/!�)—f, lei () Notary ublic `J My Commission expires: OFFICIAL SEAL MICHELLE L. HUERTA NOTARY PUBLIC, STATE Of ILLINOIS IAr COYM�SSxUI ptWRi81�41�70f7 RECEPTION#: 630264,06127120116 at 03:19:19 PM, 1 OF 4, R $26.00 Doc Code TDR Janice K. Vos Caudill, Pitkin County, CO Exhibit A Certificate No. IR -9946 -ES Date Issued: -If L$J ) I (Kc -f 56 Lttd3 REPLACEMENT IRREVOCABLE CERTIFICATE OF TRANSFERABLE DEVELOPMENT RIGHT ("TDR") Description of Preservation Site: See Exhibit A attached hereto and made a part hereof by this reference. 2. Pursuant to the provision of the Pitkin County Land Use Code ("Code"), this certifies that a Transferable Development Right ("TDR") has been severed from the Preservation Site described in Exhibit A. This Certificate No. IR -9946 -ES evidences and represents one TDR and the TDR represented hereby may be transferred to and used at a Receiver Site as permitted and in accordance with the Ordinances and the Pitkin County Land Use Code. 3. Possession of the original of this Certificate, properly endorsed, will constitute the ownership by the holder of the TDR herein described. 4. This Certificate may be transferred at any time and from time to time by endorsement and delivery. 5. This Certificate is perpetual and irrevocable, and Pitkin County, Colorado, will honor the same. 6. This Certificate represents the reissuance of a TDR Certificate previously extinguished in connection with a building permit (Permit No. 0013.2010.PRBK) for construction which never was and will not be commenced. The building permit has now expired. Signature of Owner of Certificate No. IR -9946 -ES at the time of the issuance of this lace Certi& urtney Lord 10 Maroon LLC 9 Pyramid Rd. Aspen, CO 81611 000910 Signature of Authorized Official of Pitkin County, Colorado W =0 �i�li�% i /• STATE OF Cot .�RAIITI ) ss. COUNTY OF The foregoing instrument was acknowledged before me this ��day of 1v14 2011, by Witness my hand and official seal. My commission expires: NICOLE BROWN STATE OF COIoro.c{o ) NOTARY PUBLIC ) ss. STATE OF COLORADO COUNTY OF�i� �(. �i1 ) My Catmission Expires 05/29!2017 The foregoing instrumegt was acknowledged before me this M day of -AA I15 2011,by j1jZohnt L Dolf-� Witness my hand and official seal. My commission expires: 101301 zU 13 1- '' Notary Public BONNIE L VrtAECHRPR Yr CHIM 0 it E>t n 15C10R013 X30011. EXHIBIT A Hurricane and Minnetonka Lode mining claims, USMS #6428, Highland Mining District V ODN,2� REAL PROPERTY TRANSFER DECLARATION -(TD -1000) GENERAL INFORMATION PURPOSE: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statues (C.R.S.). REQUIREMENTS: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. PENALTY FOR NONCOMPLIANCE: Whenever a Real Property Transfer Declaration does not accompany the Deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be retumed within thirty days after the notice is mailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102 (1)(b), C.R.S. CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121.5, C.R.S. and 39-13-102(5)(c), C.R.S. 1. Address and/or legal description of real property sold. Please do not use P.O. box numbers See Attached Exhibit "A" 2. Type of property purchased: [ X ] Single Family Residential [ ] Townhome [ ] Condominium [ ] Multi -Use Res [ ] Commercial [ ] Industrial [ ] Agricultural [ ] Mixed Use [ ] Vacant Land [ ] Other 3. Date of Closing: June 27, 2016 Date of Contract if different than date of closing: APRIL 22, 2016 4. Total sale price: Indicate the total consideration paid for the property including all real and personal property. $3,250,000.00 5. Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39-13-120, C.R.S. [ ] Yes [ v1 No If yes, Value $ Describe 6. Did total sale price include a trade or exchange of additional real or personal property? [ ] Yes [ X ] No If yes, Value $ If Yes, does this transaction involve a trade under IRS Code Section 1031? [ ] Yes [ ] No If yes, the approximate value $ 7. Was 100% interest in the real property purchased? Mark "No" if only a partial interest is being purchased. [ X ]Yes [ ]No If no, interest purchased % 8. Is this transaction among related parties? indicate whether the buyer or seller are related. Related parties include persons within the same family, business affiliates, or affiliated corporation. ( ]Yes[X]No 9. Check any of the following that apply to the condition of the improv ments at the time of purchase. [ ] New [ ]Excellent [ ]Good ( ] Average [ ] Fair [ ]Poor [VjSa vage 0008.3 IF THE PROPERTY IS FINANCED, PLEASE COMPLETE THE FOLLOWING. 10. Total amount financed: $ 11. Type of financing: (Check all that apply) [ ] New [ ] Assumed [ ] Seller ( ] Third Party [ ] Combination; Explain 12. Terms: ( ] Variable; Starting Interest Rate % [ ] Fixed; Interest Rate % [ ] Length of time years [ ] Balloon Payment ( ] Yes [ ] No If yes, amount $ due date 13. Mark any that apply: [ ] Seller assisted down payments, [ ] Seller concessions, I ] Special terms or financing If marked, please For properties other than residential (Residential is defined as: Single family detached, townhomes, apartments and condominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? [ ]Yes [ ] No If yes, francise or license fee value $ 15. Did the purchase price involve an installment land contract? [ ] Yes [ ] No If yes, date of contract 16. If this was a vacant land sale, was on-site inspection of the property conducted by the buyer prior to the closing? [ ] Yes [ ] No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed: This day of JUNE, 2016. Enter the day, month and year, have at least one of the parties to the transaction sign the document, sign the document, and include an address and a m hone number. Please designate buyer or seller. of Grantee (Buyer) [ X ] or Grantor (Seller) I ] 18. All future correspondence (tax bills, property valuations, etc.) regarding the property should be mailed to: n I - _ 00001-1 (mandatory) EXHIBIT "A" LEGAL DESCRIPTION LOT 10, PYRAMID VIEW SUBDIVISION, according to the Plat thereof filed for record August 1, 2012 in Plat Book 100 at Page 50 as Reception No. 591065. 009915 SPECIAL WARRANTY DEED THIS DEED, Made June 27, 2016 between MAROON DRIVE HOLDINGS LLC, A COLORADO LIMITED LIABILITY COMPANY whose address is 222 N. LaSalle St., Suite 2000, Chicago, IL 60606 of the County of Cook and State of Illinois of the first part, GRANTOR and 10 MAROON DRIVE, LLC, A COLORADO LIMITED LIABILITY COMPANY whose legal address is: P. O. BOX 4260, BASALT, CO 81621 of the County of Eagle State of Colorado of the second part, GRANTEE WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Ten dollars and other good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being in the County of PITKIN and State of COLORADO, to wit: LOT 10, PYRAMID VIEW SUBDIVISION, according to the Plat thereof filed for record August 1, 2012 in Plat Book 100 at Page 50 as Reception No. 591065. Subject to those matters as set forth on Exhibit A Together with all and singular the hereditaments and appurtenances there -unto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, its successors and assigns forever. And the said parties of the first part for themselves, their successors and assigns do covenant, grant, bargain and agree to and with the said parties of the second part, their successors and assigns, to WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of said parties of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by through or under the said parties of the first part. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. hall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s). SIGNATURES ON PAGE 2 RECEPTION#: 630263, 06/27/2016 at 03:19:18 PM, 1 OF 3, R $21.00 DF $325.00 Doc Code SPEC WD Janice K. Vos Caudill, Pitkin County, CO SIGNATURE PAGE TO SPECIAL WARRANTY DEED PAGE 2 MAROON DRIVE HOLDINGS LLC, a Colorado limited liability company By: /% obi' � )X&144 . Karen Osiecki Meehan, Authorized Signer STATE OF ILLINOIS ss COUNTY OF COOK The foregoing instrument was acknowledged before me this a-,kyj day of June, 2016 By: Karen Osiecki Meehan, Authorized Signer for MAROON DRIVE HOLDINGS LLC, a Colorado limited liability company WITNESS my hand and official seal r(�51 Notary Public my commission expires: OFFICIAL SEAL MICHELLE L. HUERTA NOTARY PI�BUC, STATE OF LLINOIS YY COYMIS6ION E]fP1ES 4762017 PCT24735W3 EXHIBIT "A" 1. Taxes for the year 2016, and subsequent years, not yet due or payable. 2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded October 27, 1892 in Book 58 at Page 31. 3. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded July 15, 1892 in Book 55 at Page 21. 4. Easements, rights of way and all matters as disclosed on Plat of subject property recorded October 14, 1965 in Plat Book 3 at Pa". 5. Terms, conditions, provisions, agreements and obligations specified under the Right of Way and Easement dated September 21, 1961 and recorded October 19, 1961 in Book 195 at Page 443 affecting the following described property: Part of the S 1/2 N 1/4 of Section 11, Township 10 South, Range 85 West of the 6th P.M. 6. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Aspen Tennis Club Area recorded October 14, 1965 in Book 216 at Page 132, Amendment thereto recorded August 8, 1986 in Book 516 at Page 221 and Amendment thereto recorded July 22, 1994 in Book 756 at Pages 406 through 415 and Extension of Duration of Protective Covenants recorded August 28, 1995 in Book 791 at -Pages 810 through 819 and Amendment thereto recorded August 26, 2015 as Recon No. 622740 and Amendment thereto recorded August 27, 2015 as Reception No. 622797, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race. color, religion, sex, handicap, familial status, or national origin 7. Terms, conditions, provisions. obligations as set forth in Contract for Water Service between Aspen Tennis Club Area and The City of Aspen, as set forth in instrument recorded in Book 221 at Page 486, Book 222 at Pace 104 and in Book 222 at Page 334. 8. Terms, conditions, provisions, agreements and obligations specified under the Right of Way Agreement dated August 11, 1966, and recorded August 26, 1966, in Book 222 at Page 319, affecting the following described property: A strip of land 20 feet in width located in Lots 3 and -6 of Section 11. Township 10 South, Range 85 West of the 6th P.M. 9. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the the Board of County Commissioners of Pitkin County, Colorado Recognizing the Tennis Club Caucus recorded October 31, 2005 as Recetion No. 516869 as Resolution No. 93-183. 10. Terms, conditions, provisions, obligations and all matters as set forth in Administrative Decision of the the Pitkin County, Colorado. Community Development Director recorded February 5. 2010 as Reception No. 566812 as Administrative Decision No. 05-2010. 11. Easements, rights of way and all matters as disclosed on 10 Maroon Drive Activity Envelope and site Plan recorded February 17, 2010 in Plat Book 93 at Page 29. 12. Easements, rights of way and all matters as disclosed on Plat of subject property recorded August 1, 2012 in Plat Book 100 at Page 50. 13. Encroachment of driveway onto 20' setback as shown on Improvement Survey prepared by Tuttle Surveying Services, dated May 13. 2016. 14. Any and all leases and/or tenancies. 15. By acceptance and recording of this Deed. Grantee covenants and agrees for itself. its heirs, personal representatives, successors and assigns that, notwithstanding any provision of the City of Aspen or Pitkin County zoning ordinance or regulation now in existence or that may come into existence in the future, no improvement shall be constructed on the real estate hereby conveyed (the "Real Estate") that shall exceed a vertical height of eighteen (18) feet from existing grades, and this covenant shall be construed as a covenant running with the land and shall be binding upon any successor -in -interest of the Grantee. 000013 .JV v'. I Statement of Authority (Section 38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named : 10 MAROON DRIVE, LLC, a Colorado limited liability company 2. The type of Entity is a: corporation _ nonprofit corporation _X_ limited liability company general partnership limited partnership _ registered limited liability partnership _ registered limited liability limited partnership limited partnership association government or govemmental subdivision or agency trust 3. The entity is formed under the laws of Colorado 4. The mailing address for the entity is: �� 3o�c "4� toU I t' CL:Sa IC+ 5. The _X_ name_ position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: Matthew Freedman, Manager 6. The authority of the foregoing person(s) to bind the entity is _X_ not limited _ limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property: N/A 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 9. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. 4h Executed this a-) day of June, 2016. Name: 10 MAROON DRIVE, LLC, a Co limited liability company BY: Matthew Freedman, Manager STATE OF COLORADO )SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this a, day of JUNE, 2016 By:Matthew Freedman, Manager Witness my hand and official seal My commission expires: _ PCT24735 JOY S. HIGENS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 0 19944004544 MY COMMISSION EXPIRES JULY 18, 2018 OGuO�.y__n Notary RECEPTION#: 630262, 06/27/2016 at 03:19:17 PM, 1 OF 1, R $11.00 DF $0.00 Doc Code AUTH Janice K. Vos Caudill, Pitkin County, CO m r T ct STATEMENT OF AUTHORITY (Section 38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named Maroon Drive Holdings LLC 2. The type of entity is a limited liability company 3. The entity is formed under the laws of the State of Colorado 4. The mailing address for the entity is: 222 N. LaSalle Street, Suite 2000, Chicago, IL 60601 5. The name and position of each person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is: Richard C. Goodman, Sole Member. In addition, Stephen P. Sandler and Karen Osiecki Meehan are each an Authorized Signer solely in connection with the sale and conveyance of 10 Maroon Drive, Aspen, Colorado. 6. The authority of the foregoing person(s) to bind the entity is not limited, or limited as follows: No limitations 7. Other matters concerning the manner in which the entity deals with interests in real property: None 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed on JuneZ3, 2016 State of Illinois ss. County of MAROON DRIVE HOLDINGS LLC L Ul� 1 � Karen Osiecki Meehan, an Authorized Signer The foregoing instrument was acknowledged before me this a.3_ day of June, 2016, by Karen Osiecki Meehan, an authorized signer for Maroon Drive Holdings LLC ess my hand and official seal. OFFICIAL SEAL1 p J� MICHELLE L. HUERTA'OLNotary Public NOTARY PUBLIC, STATE OF ILLINOIS My COMMISSION EXPIRES 426-2017 dR'i 5_R97R-ROR� v 1 00002g RECEPTIONM 630261, 0612712016 at 03:19:16 PM, 1 OF 1, R $11.00 DF $0.00 Doc Code AUTH Janice K. Vos Caudill, Pitkin County, CO DR 1083 (09196) COLORADO DEPARTMENT OF REVENUE 1375 SHERMANDENVER, COLORADO 80261 INFORMATION WITH RESPECT TO A CONVEYANCEOF A COLORADO REAL PROPERTY INTEREST 1. Name(s) and address of transferor(s): 'MAROON DRIVE HOLDINGS LLC, a Colorado limited liability company 222 N. LASALLE ST., Suite 2000 CHICAGO, IL 60601 2. Transferor is (check one) [ ] individual [ ] estate [ ] trust [ ] partnership [ ] corporation [ X ] other specify: LLC 3. Social Security Number(s) or Colorado account number of Transferor': 343-38-8312 4. Federal employer identification number of transferor:' 5. Type of property sold: RESIDENTIAL 6. Address or legal description of property sold:See Attached Exhibit "A" 7. Date of Closing:'June 27, 2016 8. Selling price of property $3,250,000.00 9. Selling price of this transferor's interest $3,250,000.00 10. If Colorado tax was withheld, check this box .....................[ j 11. Amount of Tax Withheld 12. If withholding is not made, give reason (check one): a. Affirmation of Colorado residency [ ] b. Affirmation of permanent place of business [ ] c. Affirmation of principal residence [ ] d. Affirmation of partnership signed [ ] e. Affirmation of no tax reasonably estimated to be due or no gain on sale [ X ] f. No net proceeds [ ] 13. Name, address and telephone number of the title insurance company or other person providing closing and settlement services with respect to this transfer: PITKIN COUNTY TITLE, INC - 601 E. HOPKINS ASPEN, COLORADO 81611 (970)925-1766 File this forth together with form 1079, if applicable within 30 days of the closing date with the: COLORADO DEPARTMENT OF REVENUE 1375 SHERMAN ST. DENVER, COLORADO 80261 NOVI1 LOT 10, PYRAMID VIEW SUBDIVISION as Reception No. 591065. 6000`2 EXHIBIT "A" LEGAL DESCRIPTION according to the Plat thereof filed for record August 1, 2012 in Plat Book 100 at Page 50 AFFIRMATION OF COLORADO RESIDENCY I (we) hereby affirm that I am (we are) the transferor(s) or the fiduciary of the transferor of the property described on this Form 1083 and that as of I am (we are) or the estate or the trust is a resident of the State of Colorado. Signed under the penalty of perjury. Signature of transferor or fiduciary Spouse's signature if applicable Date Date AFFIRMATION OF PERMANENT PLACE OF BUSINESS I hereby affirm that the transferor of the property described on this Form 1083 is a corporation which maintains a permanent place of business in Colorado. Signed under the penalty of perjury. Signature of corporate officer Date AFFIRMATION OF SALE BY PARTNERSHIP I hereby affirm that the transfer of property described on this Form 1083 was sold by an organization defined as a partnership under section 761(a)of the Internal Revenue Code and required to file an annual federal partnership return of income under section 6031(a) of the Internal Revenue Code. Signed under penalty of perjury: Signature of general partner AFFIRMATION OF PRINCIPAL RESIDENCE Date I (we) hereby affirm that I am (we are) the transferor(s) of the property described on this Form 1083 and immediately prior to the transfer it was my (our) principal residence which could qualify for the roll over of gain provision of section 1034 of the internal revenue code. Signed under the penalty of perjury: Signature of transferor Spouse's signature if applicable AFFIRMATION OF NO REASONABLY ESTIMATED TAX TO BE DUE Date Date I (we) hereby affirm that I am (we are) the transferor(s) or an officer of the corporate -transferor or a fiduciary of the estate or trust -transferor of the property described on the front side of this form, and I (we) further affirm that there will be no Colorado income tax reasonably estimated to be due on the part of the transferor(s) as the result of any gain realized on the transfer. Please understand before you sign this affirmation that nonresidents of Colorado are subject to Colorado tax on gains from the sale of Colorado real estate to the extent such gains are included in federal taxable income.Signed under penalty of perjury: MA20CIJ /)21 ✓F HOLD/NGS ZZG Signaturepp��.ttransfe of, officerr� fiduciary. Ai"��os/c� /xtrf��• 000773 Date ❑ Agent ■ Complete items 1, 2, and 3. address on the reverse X Q ASC ■ print your name and so that we can return the card to you. &,� M pito ted Name) C. Date of c ■ Attach this card to the back of the mailpiece. the fiont'rf space Pannds — - address df�arent from nem 17 Q Ye: or on - - - '—' - - D. is delivery It YES, ender defiverYaddress belwr Q No DEPT OF REVF-'*� COLORADO 1375 SHERMAN ST - 1i DENVER, CO 80261 DENVER, ❑ileplYftmudEa 'S' DiO°°Y IA IIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIII�IIIIII b Cwfliad 0PAVIir 9590 9402 1239 5246 2153 29 Idirdlar Cl ,Y D s>a+ea+w thrnbar( riansfer horn smvice_-- o �aad aR .+ed oe➢verY 7013 1710 0000 3047 7865 Domestic tietlu .PSFarm381i.dWIk2o15Psti75900�-a°b`� AeCMat { 1 i • svus -TNIAM1 1 1 1 1 1 IIbY ®C3M06-2 C3 aJ _ o elm _ ED M -; r worsdsnMnv+�ie al!sgam mo llsln uollew�oiuf luanlfap �cj Elm (WP.mord a6eiano-1 0ouemsu+o!r+fJ(11101MY°/+s" a) W13038 -IIVW a31�11�130 lAnlA1aS Ie1S0d's*n B I L L 0 F S A L E KNOW ALL MEN BY THESE PRESENTS, That MAROON DRIVE HOLDINGS LLC, a Colorado limited liability company of the County of Cook, State of Illinois (Seller), for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION to him in hand paid, at or before the ensealing or deliver of these presents by 10 MAROON DRIVE, LLC, a Colorado limited liability company of the County of lta54 I e State of C o lo (-c- ce o the receipt of which is hereby acknowledged, has bargaineid and sold, and by these presents does grant and convey unto the said Buyer, its successors and assigns, the following property, goods and chattels, to wit: Appliances, including range, microwave, refrigerator, dishwasher, washer and dryer, to the extent these items are owned by the Seller and existing on the Property as of the date of the Contract, but specifically excluding any personal property of the current tenant renting the Property. located at 10 MAROON DR, ASPEN, CO 81611 TO HAVE AND TO HOLD the same unto the said Buyer, its successors and assigns, forever. The said Seller covenants and agrees to and with the Buyer, its successors and assigns to WARRANT AND DEFEND the sale of said property, goods and chattels, against all and every person or persons whomever. When used herein, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS HEREOF, the Seller has executed this BILL OF SALE this Pa day of June, 2016. MAROON DRIVE HOLDINGS LLC, a Colorado limited liability company B 1A4A.-0' l�� ...1 1 .,lc ,i KareTTlJ51eCKl Meehan, Authorized aiynci STATE OF ILLINOIS ss: COUNTY OF COOK The foregoing instrument was acknowledged before me this g�aday of June, 2016 By: Karen Osiecki Meehan, Authorized Signer for MAROON DRIVE HOLDINGS LLC, a Colorado limited liability company Witness my hand and official seal. My Commission expires: FICIALNM LLE L.BLIC, STASION IXP -eDW EXHIBIT TO BILL OF SALE Appliances, including range, microwave, refrigerator, dishwasher, washer and dryer, to the extent these items are owned by the Seller and existing on the Property as of the date of the Contract, but specifically excluding any personal property of the current tenant renting the Property. 000026- Pitkin County Treasurer Statement of Taxes Due Account Number R004516 Parcel 273511101002 Assessed To MAROON DRIVE HOLDINGS LLC 222 N LA SALLE ST #2000 CHICAGO, IL 60601 Leo Description Sine Address Subdivision: PYRAMID VIEW SUB Lot: 10 10 MAROON DR le Tax interest Fees Payments Bal®x Tilatchwo Total Tax Charge $2,666.44 First Half Due as of 06/1012016 50.00 Second Half Due as of06✓102016 52,666.44 Tax Billed at 2015 Rata for Tax AT" 008 - 1-CFX - 008 Authority PITKIN COUNTY GENERAL FND COUNTY TV/FM TRANSLATOR COUNTY ROAD & BRIDGE COUNTY HUMAN SERVICES HEALTHY COMMUNITY FUND ASPEN AMBULANCE DISTRICT OPEN SPACE & TRAILS PITKIN COUNTY LIBRARY ASPEN FIRE PROTECTION ASPEN SANITATION DISTRICT ASPEN VALLEY HOSPITAL ASPEN SCHOOL DISTRICT ASPEN SCHOOL DISTRICT ASPEN SCHOOL DISTRICT COLORADO MTN COLLEGE COLORADO RIVER WATER CONS ASPEN HISTORIC PARK & REC Taxa Billed 2015 • Credit Levy Mill Levy Amotnd Values 2.2890000• S45083 SINGLE FAM. RES 02670WO 552.59 LAND SINGLE FAM RES - 0.1680000• $33.09 IMPROVEMENT 0.0650000 512.80 0.7350000 $144.77 Total 0.4510000• 588.83 3.7500000 $738.60 1.3590000' $267.67 14110000 5277.91 0.1110000 $21.86 2.8190000 $555.23 44490000 $876.27 2.6150000 $515.05 2.047WW $403.18 3.9970000 $787.25 0.2430000• $47.86 0.3000000 $59.09 270760000 $5,332.88 Actual Assessed $2,300,000 $183,080 $174,400 $13,880 $2474,400 SI96,960 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1, REAL PROPERTY - SEPTEMBER 15. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. Pitkin County Treasurer 506 E. Main St- Ste 201 Aspen, CO 81611 (970) 920-5170 �.pilkincounty.corNtaxes Account Number P008788 Pitkin County Treasurer Statement of Taxes Due Parcel 273511101002 .Assessed To MAROON DRIVE HOLDINGS LLC 222 N LA SALLE ST #2000 CHICAGO, IL 60601 LcO DwaVbw Sinn Address PYRAMID VIEW SUB LOT 10 RESIDENTIAL PERSONAL 27 MAROON DR Year In humol Fees Payments Balanoc Grand Total Due as of 06/102016 $0.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1, REAL PROPERTY - SEPTEMBER 15. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK Pitkin County Treasurer 506 E. Main SI — Ste 201 Aspen, CO 81611 (970) 920-5170 w .pitkincounty.comHaxes 000090 STATEMENT OF SETTLEMENT Buyer's Property Address: 10 MAROON DR ASPEN, CO 81611 Seller: MAROON DRIVE HOLDINGS LLC, a Colorado limited liability company Purchaser: 10 MAROON DRIVE, LLC, a Colorado limited liability company Settlement Date: June 27, 2016 Date of Proration: June 27, 2016 Legal Description: LOT 10, PYRAMID VIEW SUBDIVISION, according to the Plat thereof filed for record August 1, 2012 in Plat Book 100 at Page 50 as Reception No. 591065. File No: PCT24735W3 Description Contract Sales Price PURCHASE OF TDR SEWER 4/1-6/30 $74.94 SEWER 711-9/30 ASSESSMENTS 811-7/31/16 $600 Deposit or earnest money RENT $71.20/DAY SECURITY DEPOSIT County Taxes 1/1/2016 to 6/27/2016 Settlement Fee to PITKIN COUNTY TITLE, INC. TAX RESEARCH X 2 Recording Fees State Tax/Stamps RECORD STATEMENTS OF AUTHORITY RECORD TDR DEED Sub -Totals Balance Due From Buyer TOTALS OVED and ACCEPTED 10 MAROON DRIVE, L! as Colo do limi liability company BY: /7 Matthew Fre man, Managel REAL ESTATE BROKER: ENGEL OLKERS ASPEN By: 2� [[ / 21 PITKIN COUNTY TITLE, INC. y' 0 WKrI_ v - Debit 3,250,000.00 200,000.00 3.29 74.94 57.38 175.00 40.00 21.00 325.00 11.00 26.00 3,450,733.61 3,450,733.61 Credit 100, 000.00 284.80 1,800.00 2,593.58 104,678.38 3,346,055.23 3,450,733.61 ASSIGNMENT OF CONTRACT RIGHTS MATTHEW FREEDMAN ('Assignor") hereby assigns to MAROON DRIVE LLC, a Colorado limited liability company (the "Assignee"), all of his rights and interests as purchaser under that certain Contract to Buy and Sell Real Estate dated April 22, 2016, as modified by Agreement to Amend/Extend Contract dated May 26, 2016, by and between Assignor, as Purchaser, and MAROON DRIVE HOLDINGS LLC, a Colorado limited liability company, to purchase the property commonly known as 10 Maroon Drive, Aspen, Colorado (the "Property") (the "Contract"). Assignor hereby represents and warrants that this assignment complies with the provisions of Section 30.2 of the Contract. Dated: June�1, 2016 ASSIGNOR: Matthew Freedman ACCEPTANCE AND ASSUMPTION The Assignee hereby accepts this assignment, subject to all the terms, covenants, conditions and agreements contained in the Contract and assumes all rights and obligations of the Purchaser under the Contract. Dated: June 0016 48i4 -0230-1235,v. 1 ASSIGNEE: 10 MAROON DRIVE LLC Un Matthew Freedman Title: ASSIGNMENT OF TENANCY For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned, MAROON DRIVE HOLDINGS LLC, a Colorado limited liability company, as Assignor, does hereby assign and transfer to 10 MAROON DRIVE LLC, a olorado limited liability company, as Assignee, all of its right, title and interest in and under that certain oral month-to-month tenancy, by and between Assignor, as Landlord, and Bill Taylor and Jeremy Parker, as Tenant, for the premises commonly known as 10 Maroon Drive, Aspen, Colorado, together with a security deposit in the amount of $1,800.00 and all rents from and after June 27, 2016. Dated: June 2-7 , 2016 MAROON DRIVE HOLDINGS LLC By: a - AU4 ))W� Karen Osiecki Meehan, Authorized Signer ACCEPTANCE AND ASSUMPTION The undersigned, 10 MAROON DRIVE LLC, as Assignee, under the foregoing assignment, does hereby accepts the foregoing assignment and assumes any and all liabilities and obligations of Assignor under the tenancy, including the return of the security deposit, effective from and after June 27, 2016. Dated: June �)-7 , 2016 10 MAROON DRIVE LLC By: �; Matthew Freedman Title: 4825-1243A738, v. 1 000031 - T V June 27, 2016 Mr. Bill Taylor Mr. Jeremy Parker 10 Maroon Drive Aspen, Colorado 81611 Please be advised that the undersigned has sold the property commonly known as 10 Maroon Drive, Aspen, Colorado, to 10 MAROON DRIVE LLC and assigned your oral month- to-month lease to that company. Your security deposit of $1,800.00 was transferred to 10 MAROON DRIVE LLC. Future rentals, beginning July 1, 2016, should be paid to 10 MAROON DRIVE LLC at the following address: 10 MaroojLDrive LLC ? O Yeo X= 4a (",O A.So,l iAVA1 toal Telephone: _T / �/ Very truly yours, MAROON DRIVE HOLDINGS LLC By: „ / "'k- Fai✓ Karen Osiecki Meehan, Authorized Signer 4838-21844274, v. I 0000/ REAL ESTATE TAX AGREEMENT RE: Order No: PCT24735W3 Buyer(s): 10 MAROON DRIVE, LLC, a Colorado limited liability company Seller(s): MAROON DRIVE HOLDINGS LLC, a Colorado limited liability company Property: 10 MAROON DR - ASPEN, CO 81611 The undersigned Buyer(s) and Seller(s) do hereby understand and agree that the proration for general property taxes was calculated on the basis of: ( X ) Taxes have been prorated on an estimate of $5,332.88 for the year 2016 and are to be considered a final settlement. Accordingly, the Buyer(s) and Seller(s) do hereby hold Pitkin County Title, Inc., harmless from any liability or damages caused by an inaccurate proration for general property taxes resulting from any variation of difference in the actual general property taxes assessed for the current year. Both Buyer(s) and Seller(s) agree to make the proper proration as may be required subsequent to the closing, and it is also understood and agreed that any prorations not reflected on the Settlement Statement in regard to utilities that the Seller shall be responsible for any final payment(s) due for such utilities and in the event a lien is filed for any unpaid utilities and Pitkin County Title, Inc., is required to pay such utilities costs to clear title, Seller shall promptly repay Pitkin County Title, Inc., upon receipt of evidence of payment of those utilities. MAROON DRIVE HOLDINGS LLC, a Colorado limited liability company By: a /i .....zi Karen Osiecki Meehan, Authorized Signer 10 MAROON DRIVE, LLC, a Color o limit liability company By: Matthew Freedman, Manager 000033-- CERTIFICATE OF NON -FOREIGN STATUS BY CORPORATION, PARTNERSHIP, TRUST OR ESTATE RE: Order No. PCT24735W3 TO: 10 MAROON DRIVE, LLC, a Colorado limited liability company FROM: MAROON DRIVE HOLDINGS LLC, a Colorado limited liability company PROPERTY: 10 Maroon Drive, Aspen, CO 81611 Section 1445 of the Internal Revenue Code of 1986, as amended (the "Code"), provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including Section 1445 of the Code), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest, by MAROON DRIVE HOLDINGS LLC ("Transferor") in that certain property known as "10 Maroon Drive", located in Aspen, Colorado, the undersigned hereby certifies the following on behalf of Transferor: 1. Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Code and Income Tax Regulations). 2. Transferor's U.S. employer identification number is xxx-xx-8312. 3. Transferor's office address is 222 N. LaSalle Street, Suite 2000, Chicago, Illinois 60601. Transferor understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. MAROON DRIVE HOLDINGS LLC By: , Karen Osiecki Meehan, Authorized Signer 4811-6934-0771, v. 1 000031 AUTHORIZATION TO CLOSE TO: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS ASPEN, CO. 81611 [X] AS PURCHASER OF THE PROPERTY REFERENCED UNDER YOUR FILE NO. PCT24735W3 WE HEREWITH DELIVER TO YOU THE FOLLOWING DOCUMENTS: [X] STATEMENT OF SETTLEMENT - FIVE COPIES [X] TAX AGREEMENT LETTER [X] REAL PROPERTY TRANSFER DECLARATION [ ] LOAN DOCUMENTS [X] WIRED FUNDS IN THE AMOUNT NECESSARY TO CLOSE [X] MECHANIC LIEN AFFIDAVIT WE THE PURCHASER(S) HEREBY AUTHORIZE YOU TO USE THE FUNDS DELIVERED TO YOU PURSUANT TO THE ENCLOSED SETTLEMENT STATEMENT UPON RECEIPT OF A GOOD AND SUFFICIENT DEED TO US FROM THE SELLER. SELLER AND PURCHASER HEREBY AGREE AND ACKNOWLEDGE THAT SOME OF THE FIGURES AS SET FORTH ON THE SETTLEMENT STATEMENTS HEREIN DELIVERED AND APPROVED BY THE SELLER AND PURCHASER WERE OBTAINED FROM THIRD PARTIES, AND PITKIN COUNTY TITLE, INC., SHALL NOT BE HELD LIABLE OR ACCOUNTABLE FOR ANY FIGURES OBTAINED THAT MAY HAVE BEEN IN ERROR OR OBTAINED WITH MIS -INFORMATION AS PROVIDED BY SUCH THIRD PARTIES. NOTE: If this is a refinance or loan transaction. l Schedule A of the preliminary Title Commitment. quoted is the correct rate as stated on SchefJ.ule- 10 MAROON DRIVE, he rate quoted for title insurance is disclosed on The undersigned hereby concurs that the rate I of the Title Commitment. limited IAility company By: Matthew Freedman, Manager OODD.�•� AFFIDAVIT AND INDEMNITY AGREEMENT Title Commitment No. PCT24735W3 STATE OF COLORADO ) ss COUNTY OF PITKIN ) The undersigned, being first duly sworn on oath, as Purchaser of or Borrower against the property described as: See Attached Exhibit "A" County of PITKIN , State of Colorado ("Real Property") does hereby make the following representations and warranties to Pitkin County Title, Inc., Westcor Land Title Insurance Company and any title insurance company issuing an ALTA Policy of insurance pursuant to the title commitment referenced above (collectively referred to herein as "Pitkin County Title") for the purpose of inducing Pitkin County Title to issue an owner's and/or lender's policy of title insurance for the Real Property: Representations and Warranties of PurchaserBorrower That the undersigned knows of no easements, rights of way, contracts, agreements, options, rights of first refusal, leases, leaseholds, tenancies, parties in possession or other rights in or claims to the Real Property or any portion thereof, written or verbal, recorded or unrecorded, which are still in effect other than those disclosed in the title commitment referenced above. II. That all persons, firms and corporations who have furnished services, labor or materials for the construction, renovation, repair, maintenance, or remodeling of improvements on the Real Property on behalf of the undersigned have been paid in full or will be paid in full at Closing, and that there are no unresolved claims against the undersigned by any architect, contractor, subcontractor, laborer or matedalman. III. That the undersigned knows of no lawsuits, proceedings in bankruptcy, proceedings for receivership, judgments, liens, writs, or other proceedings that affect the Real Property, whether recorded or unrecorded, other than those disclosed in the title commitment referenced above. IV. That the Contract between the Seller and Purchaser authorizes the Purchaser to take possession of the premises on or about , 2016. V. That, if the undersigned is an entity, the individual person signing this agreement has proper authority to execute this document and any other documents executed by him/her in connection with this transaction, or, if the undersigned is attorney-in-fact for the owner of the Real Property, then the undersigned warrants and represents that he/she has proper, written authority to execute this document and any other documents executed by him/her in connection with this transaction. Exceptions The only exceptions or limitations to the above representations and above warranties are as follows: (describe any exceptions or limitations below) The undersigned understands that Pitkin County Title is relying upon the foregoing representations and warranties and that, without such representations and warranties, no ALTA policy of title insurance would issue. The undersigned promises, covenants and agrees to hold indemnify, defend, and hold harmless Pitkin County Title from and against any liabilities, losses, damages, expenses, and charges (including but not limited to attorneys' fees) arising from or related to any inaccuracies in the above representations, any breach of the above warranties, and any liens, claims or rights not listed in the above -referenced title commitment provided that said liens, claims, or rights were created by the undersigned or known to the undersigned and have an inception date or attachment date prior to the closing of this transaction. If Pitkin County Title delivers to the undersigned a written demand for indemnification, defense or payment required to be made pursuant to this agreement, and the undersigned fails or refuses to provide such indemnification, defense or payment within thirty (30) days, Pitkin County Title may proceed to take any and all actions that Pitkin County Title, in its sole and absolute discretion, shall deem necessary to protect itself and its insureds. Provided that Pitkin County Title has complied with the requirements of this paragraph, Pitkin County Title shall be awarded judgment against the undersigned (or individual signing this agreement as to paragraph 5) for all amounts paid (including attorneys' fees and costs) with interest at a rate of twelve percent (12%) per annum from the date such amounts were paid. In this Agreement, whenever the context requires, the singular shall include the plural. This agreement is binding upon the parties, their heirssuccessors, and assigns. Dated this" aay of June, 2016. AFFIANT: 10 MAROON DRIVE LLC, lotad limited liability company By: Matthew Freedman, Manager STATE OF COLORADO ss COUNTY OF PITKIN The foregoing instrument was subscribed and swom to before me this oz _14� day of June, 2016 by: Matthew Freedman, Manager of 10 Maroon Drive, LLC, a Colorado limited liability company. Witness my hand and official seal. No ublic My commission expires S7ATETOF A 00 NOTARY Ip 133{{OO�SN YY COYYISSION EXPIRES AXy 10 7013 00003( EXHIBIT "A" LEGAL DESCRIPTION LOT 10, PYRAMID VIEW SUBDIVISION, according to the Plat thereof filed for record August 1, 2012 in Plat Book 100 at Page 50 as Reception No. 591065. D 0 0 Q„S-'c3* ad Untie Poet GRAPHIC SCALE (RRt) 1 Imb � la M1 Legend ® e Gas Mete ® reephme Bow ® e l"Wee, Control Bax pa6 = lnigatmn ✓des — Nero/ Finaa ❑ O -I51 NO Hatching 8781 J1,5 IST -AW DOM 9.61 4,091.56 s 301-A;T Domae 551 3,6M..7, El 451 --up LLnes 1411 ed/mtes Serum ryes, as described. ® M6o ha Amen Trac On o4ambed 6,019.79 a.t MM Red Restie Can LS /JJ638 0ek. 7899.27 TVTT" Sf1,?Jv 77NG SBR!%CBS 727 8/oke AgenUe Glenwood Springs, Colorado 81601 (970) 928-9706 (FAX 947-9007) Btn•fl- jy)1Re6-a6,dam IffPROVEffENTSUR VEYPLAT Lot 10, Aspen Tennis Club Area, According to the Third Amended Plat of Pyramid View Subdivision recorded in Book 100 at Page 50 and the plat recorded in Book 3 at Page 46, Reception No. 1.2.2106, County of Pitkin, State of Colorado Sees, Mmhda IMPROVEMENT SURVEY PLAT ME LAND REFERRED TO N 885 Rmm, CWNrY BRE /NC Ca Ymvvr OA MD APRN. 24 2016 5 LOG w N BIW OOLNTY CF NWN. STA IF CF COEMADO. 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OMC 10 Maro on Dri Ve axow 08111/2016 Z �201ttjAsoan ASPEN, CO 81611 l rend,MrnMlLae lades OF F � v ?vN � rowland+broughton f x3m architecture and urban designUZZ m aZZo � m N p 0 Project Overview n o N omo m This application seeks approval for an Activity Envelope and Site Plan with Scenic Review and Vested Rights for the development of a new single -family residence at 10 Maroon Drive in Aspen o m (Parcel ID: 2735-111-01-002). The subject property is a 1.03 acre parcel in the R-30 zone district. ®N 'oma i N . The proposed 8,179 sq. ft. residence will completely replace the existing 1,541 sq. ft. house. It is sited within a proposed Activity Envelope that comprises the upper bench area of the property. The aw N proposed residence avoids all constrained areas as defined by 7-10-50 of the Pitkin County Land Use o Code. The development is consistent with the goals and intentions of the R-30 zone district and Zm complies with all applicable sections of the Pitkin County Land Use Code. The subject property is v m mostly flat on the east which is accessed from Maroon Drive. The west side of the subject property contains a steep slope to Pyramid Road. The proposed development occurs only on slopes less than o 0 thirty (30%) percent. Screen planting exists to the north of the development. Additional screen w P planting is provided along the easterly property line along Maroon Drive, where a berm already exists. g P Along the southern lot line, a combination of perennial plants and screen trees exist. The western lot � w line is the sloped terrain where native perennials and scrub oak exist. The applicant's entire property is located within the Scenic View Protection Area. However, the residence can only be seen from a portion of State Highway 82 along the bridge over Maroon Creek. (See attached rendered collages) The proposed residence is of simple modern architectural style, using contextual, natural materials and tones that will complement the surrounding landscape. Much of the proposed structure is sub -grade (2,910 sq. ft.). The building has a single story above grade, making it smaller and less bulky then many of its neighbors. The spatial configuration of the home is a courtyard organization with the bulk of the house orientated towards Maroon Drive. The residence will also be screened by landscaping and vegetation and will therefore have a minimal impact on the protected views. The lot is located at a similar elevation to State Highway 82, therefore occupying the valley corridor. The location in no way impacts the ridgelines visible from State Highway 82. The applicant will adequately mitigate all hazards that may exist on the property. The building footprint is located to minimize impacts on the natural terrain and avoid slopes over 30%_ A portion of the parcel is mapped as a Severe Hazard Wildfire Area, and the appropriate defensible space will be created around the building as well as building materials and design that comply with the application's wildfire mitigation report. The applicant will follow all County regulations to minimize the impact of the proposed development on wildlife. No wildlife habitat is mapped on the property. There is proximity to a riparian area to the west of the property although the steep embankment and Pyramid Road act as a buffer from the proposed residence, far from the 100'-0" stream setback. No significant grading will occur on the site, as the building envelope is located on the upper bench of the slope. The natural berms that occur along the eastern edge of the property will remain and additional landscaping will be added to enhance screening from Maroon Drive. The lot is a part of an already established subdivision and utilities are in place. The lot is currently accessed from a driveway off of Maroon Drive and access will remain in the same location. o9GUG . rowland+broughton architecture and urban design Section 2-30-20 ADMINISTRATIVE REVIEW PROCEDURE (g) CRITERIA FOR APPROVAL (1) General Except as stated in subsections (2) through (18) below, an application for administrative review shall be approved if it complies with (a) all applicable provisions of this Land Use Code, (b) all applicable Land Use Policies listed in Sec. 1-60, and (c) all prior development approvals applicable to the subject property. Where the decision of staff with result in the approval of a land use that is not permitted by right in the zone district where the property is located, compliance with the requirements of this Land Use Code shall include, but shall not be limited to, compliance with those standards for special review uses in Secs. 2-30-30(h)(2) and 2-40-20, as applicable. This application complies with all applicable provisions of the Pitkin County Land Use Code and the Pitkin County Comprehensive Plan. An activity envelope, site plan and GMQS exemption for a TDR receiver site for this property was approved on December 5, 2010 (Administrative Decision No. 05-2010) and is no longer vested. The property is located in the Aspen Tennis Club Subdivision which is within the R-30 zone district. The proposed single- family residence complies with all dimensional requirements for this zone district as well as the zoning intent for the R-30 district. (2) Site Plan A Site Plan shall be approved if it complies with (a) all applicable provisions of this Land Use Code, (b) any Activity Envelope previously approved for the property pursuant to Sec. 7-10-50, and (c) all prior development approvals applicable to the subject property. Where the property contains Constrained Areas, the Community Development Department staff shall follow those Priorities for Locating New Activity or Development listed in Sec. 7-10-60. If an Activity Envelope has not been previously established for the property pursuant to Sec. 7- 10-50, one shall be established as part of the Site Plan Review process. The proposed Site Plan complies with all applicable provisions of the Pitkin County Land Use Code. The residence will be sited along the top of the slope overlooking Pyramid Road on the western side of the property within an activity envelope that conforms to the top of slope and avoids all constrained areas while utilizing the areas of the property that are currently disturbed and developed. (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 and related septic field possible on the site pursuant to Table 5-1 after the use of TDRs or a GMQS allocation to increase house size. The definition of an Activity Envelope based on a maximum house size and septic field shall no create any presumption that a Site Plan for a house smaller than the maximum allowed under Table 5-1, and in that event the Activity envelope will be designed 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 System regulations. The proposed Activity Envelope has been designed to comply with Section 7-10-50 of the Pitkin County Land Use Code. According to the underlying zoning, the applicant has the development right to construct a 5,750 sq. ft. house exempt from Growth Management (GMQS) and up to 8,250 sq. ft. in gross floor area with the use of TDRs. The proposed Activity Envelope encompasses the entire developable area of the 1.03 acre lot and includes July 20, 2016 n G jAar -7 Drive -Activity Envelope rowland+broughton architecture and urban design the currently developed and utilized areas of the site. The proposed Activity Envelope is large enough to contain the proposed residence, landscaped outdoor living area and infrastructure. Chapter 7: DEVELOPMENT STANDARDS Section 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 categories, as defined and regulated by this Land Use Code: (i) Areas of Statewide Interest listed in C.R.S. 24-65.1-101 et. Seq.), (ii) steep and potentially unstable slopes, (iii) water courses, drainage channels, and areas subject to erosion, (iv) floodplain hazard areas, (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. The proposed Activity Envelope has been designed to avoid all constrained areas as defined by 7-10-50 of the Pitkin County Land Use Code. Of the categories defined and regulated by the Land Use Code, the applicant's site contains constraints related to steep slopes and severe or low to moderate wildfire hazard area. The proposed Activity Envelope avoids these contained areas and mediates some of the hazard in terms of Wildfire Hazard by thinning the trees along the western edge of the property. The design of the proposed residence responds to the hazard by using appropriate building assemblies and materials. See attached Wildfire Hazard Mitigation Report. The applicant will carry out the mitigation techniques listed in the report. The proposed Activity Envelope avoids steep slopes (greater then 3051o) and mitigates for wildfire hazard. Otherwise, no drainage channels, geological hazards, historic preservation areas, irrigated lands, or archeological resources exist on the property. (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) of 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 this Chapter 7, and maximize compliance with the Comprehensive Plan goals and objectives. The proposed Activity Envelope has been designed to avoid all constrained areas. The proposed envelope complies with the County's goal to allow moderate density residential development on Maroon Drive which is within the Urban Growth Boundary. (c) In general, the defined Activity Envelope for development of primary uses shall be large enough to accommodate the proposed principle 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 (including separate areas for septic fields, landscaping, driveways to public roads, July 20, 2016 D lMDrwre -Activity Envelope lowland+broughton architecture and urban design mitigation measures required in connection with any provision of this Chapter 7, and/or areas to be disturbed only during construction on the property - including staging areas and materials storage areas). Constructions of trails will not require an Activity Envelope analysis except as required by Sec. 7-20-50. The proposed Activity Envelope encompasses the entire developable area of the 1.03 acre lot and includes the currently developed and utilized areas of the site. The area is large enough to accommodate the single family residence, associated outdoor living space, landscaping in the courtyard configuration and its related infrastructure. (d) Clearing, grading, grubbing, earthmoving that exceeds fifty (50) cubic yards, 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 obtained. In addition, Site Plan Approval is required if these activities will occur on a property within a Scenic View Protection Area. Clearing and grubbing work, including vegetation removal, will occur within the proposed envelope with the exception of noxious weed removal. Vegetation to be removed, illustrated on the Planting Plan prepared by Land Design 39, and the extent of proposed grading, illustrated on the Grading Plan, within the Activity Envelope demonstrate compliance with these requirements. The application's wildfire mitigation recommendations include selective thinning and pruning of vegetation located outside of the Activity Envelope. Trees to be pruned and/or removed will be flagged in the field and reviewed with County staff prior to work being performed. This application requests Site Plan Approval, as the proposed single-family residence is within the Scenic View Protection Area. (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 shall be reviewed by the BOCC as set forth in Table 2-1. This code provision is not applicable to this application. (f) 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. Areas outside the proposed Activity Envelope will not be disturbed unless specifically permitted by the Land Use Code. This may include additional wildfire mitigation as recommended in the Wildfire Hazard Mitigation Report. The boundaries of the Activity Envelope will be identified and marked during construction with a construction fence. (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. This application seeks approval of the proposed Activity Envelope as part of the Site Plan Review. 4 July 20, 2016 Mj]n -Activity Envelope rowland+broughton architecture and urban design Section 7-20 RURAL CHARACTER, ENVIRONMENTAL PROTECTION, AND NATURAL HAZARDS Section 7-20-10 SITE PREPARATION AND GRADING (a) Grading and Fill Placement Grading and filling on a site shall take place only within a defined Activity Envelope. All grading and fill placement that exceeds fifty (50) cubic yards shall be indicated on the Site Plan. All proposed grading and filling work on the site will be located within the Activity Envelope. Proposed grading is illustrated on Grading Plan prepared by High Country Engineering and contained within this application. (b) Clearing, Grubbing, and Vegetation Removal Clearing or grubbing of land, or removal of vegetation shall take place only within an approved Activity Envelope, except removal of noxious weeds may occur outside of an Activity Envelope. Each Site Plan shall document compliance with the requirements of this Sec. 7-20-10(b) and Sec. 7-20-130. Clearing and grubbing work, including vegetation removal, will occur within the proposed envelope with the exception of noxious weed removal. Vegetation to be removed, illustrated on the Planting Plan prepared by Land Design 39, and the extent of proposed grading, illustrated on the Grading Plan, within the Activity Envelope demonstrate compliance with these requirements. The application's wildfire mitigation recommendations include selective thinning and pruning of vegetation located outside of the Activity Envelope. Trees to be pruned and/or removed will be flagged in the field and reviewed with County staff prior to work being performed. (c) Tree Removal and Mitigation Each tree with six (6) inches or larger diameter at breast height (D.B.H.) that is removed within the Activity Envelope shall be replaced with one (1) or more trees with total D.B.H. at least equal to the caliper(s) of the tree(s) removed, to the maximum extent practicable. Any tree that (i) is diseased, or (ii) is required to be removed pursuant to the provisions of Sec. 7-20-60, as those requirements may be varied by a wildfire expert approved by the County, may be removed and no replacement shall be required. All revegetation shall also comply with the Pitkin County Revegetation Guidelines. Required replacement trees that do not survive for at least one (1) year after installation shall be replaced at the owner's expense, and the County may require financial security for such replacement pursuant to Sec. 7-20-130(b)(7). The proposed residence requires the removal of fifteen (15) trees, or one -hundred twenty- seven (127) caliper inches. The applicant may request an adjustment to the required mitigation based on the health of these trees as determined in fall 2016. The applicant is proposing to mitigate the removed trees with a minimum of thirty-seven (37) trees totaling one - hundred thirty (130) caliper inches. The Planting Plan illustrates the number and size of the proposed trees. (d) Protection of Natural Terrain The County Engineer or Community Development Director shall suggest and may require design and construction techniques that lessen or mitigate any physical and visual damage caused by the proposed activity or development to Constrained Areas or to the natural terrain, stream vegetation, and other natural features of the landscape within the Activity Envelope. Techniques shall include, but are not limited to, July 20, 2016 000044 ergewJOrive -Activity Envelope rowland+broughton architecture and urban design (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. The proposed plant material will be installed during the first planting season after construction of the residence. The proposed plant materials in total will equal similar density and height to that removed within two (2) years of installation. (2) TOPSOIL Removing and saving topsoil prior to any grading or excavating and replacement for revegetation. The applicant proposes to remove and stockpile topsoil for use during the landscape installation. (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. The applicant will comply with this code provision. (4) UTILITY INSTALLATION Locating and installing utilities in a manner minimizing damage to the natural environment and scenic quality. The site is currently served by utilities, which are located within the immediately adjacent road right-of-way. Any new utility service will be extended to the site from the adjacent road right- of-way and will not create damage to natural environment and scenic qualities. (5) EROSION, SEDIMENTATION, AND STORMWATER MANAGEMENT Land uses shall: (a) Not cause erosion problems and, if practicable, retain all soil on site; (b) Minimize disturbance of natural vegetation and soil cover; (c) Ensure that all cuts and fills are adequately designed and vegetated to control erosion as well as stability of the slope area; (d) Ensure that natural drainage patterns are preserved and protected from increased water flows that subject existing channels and adjacent areas to increased erosion; and (e) Preserve natural vegetation and soil cover within those buffer distances adjacent to rivers, streams, lakes, reservoirs and wetlands/riparian areas established in Sec. 7-20-80. Mitigation measures identified in an approved erosion, sedimentation, or stormwater management plan shall remain in place until revegetation is viable. The proposed Grading and Planting Plans illustrate compliance with this code section. All work is proposed within the Activity Envelope, which excludes steep slopes. Site drainage is proposed to be collected and treated on the property and will not cause erosion concerns. The applicant will ensure appropriate erosion and sedimentation control measures are in place and maintained throughout construction and until revegetation is sufficiently established. July 20, 2016 10 Maroon Drive - Activity Envelope 00004v, rowland+broughton architecture and urban design Section 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 have 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 designated by a distinct graphic pattern. 1) Slopes that are fifteen (15) percent or greater, but less than thirty (30) percent; 2) Slopes that are thirty (30) percent or greater, but less than forty-five (45) percent; 3) Slopes that are forty-five (45) percent or greater. The Slope Delineation Plan illustrates topography within the property, including delineations for slopes 15 percent and greater, in the categories described in this code section. (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: The lot is in a legally platted subdivision, recorded prior to 1972, and There is no alternative building site that avoids areas of slope exceeding forty-five (45) percent, and An engineer or geologist licensed 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 The proposed development complies with all standards in subsection (c)(1) below applicable to slopes of thirty (30) percent or greater, and (2) As provided in subsections (c)(3) or (c)(4) below. No development is proposed for slopes with a slope gradient equal to or exceeding forty-five (45) percent. (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: (1) NO ALTERNATIVE BUILDING SITE If 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 development standards: An engineer or geologist licensed in the State of Colorado shall be required to demonstrate that the site can be engineered so that there is no hazard posed by the location of development on such slopes. To the extent possible, the development shall be designed so as to: avoid adding water to the site that would cause decreased stability; avoid removing the toe of the slope without adequate mechanical support; avoid increasing the weight load on top of the slope; re -contour disturbed slopes so that they can be re -vegetated; avoid steepening of existing slopes. Any development approved pursuant to this section shall be conditioned upon compliance with the engineer or geologist's recommended mitigation measures. Following Site Plan review, and prior to the application for a Building Permit, a precise engineer or geologist approved mitigation plan shall be submitted by the applicant that shows the area of disturbed slope, any re- grading required and the exact size and location of all mitigation devices. The mitigation measures must be determined by the Community Development Department to be the least visually and ecologically obtrusive alternatives. (2) PARCELS WITH SOME AREAS OF LESS THAN THIRTY (30) PERCENT SLOPES If a parcel contains areas with less than thirty (30) percent slopes that are accessible by a road or driveway that meets the requirements 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 areas containing slopes of less than July 20, 2016 10 Maroon Drive -Activity Envelope JOOOUv , rowland+broughton architecture and urban design 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 thirty (30) percent to the maximum extent practicable. 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 shall minimize disruption of natural terrain as viewed from any of those roads identified in Sec. 7-20-120(b). (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 the potential for slope failure. The Slope Delineation Plan illustrates two areas where minor slope anomalies occur within the property. (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: (a) The road or driveway was legally created, as demonstrated by (i) a valid copy of the permit for the road or driveway, or (ii) evidence that the road or driveway was constructed prior to the County's road or driveway permit system in 1993, or (iii) that a permit was not required to construct the road or driveway. (b) The proposed use of the road is an existing legal use (i.e., if residential development is proposed, it shall be demonstrated that the road already services an existing, legal residential structure). The current use of the road or driveway shall not change between residential, commercial, lodging or industrial use. No road improvements shall be permitted pursuant to this provision to allow the development of any structure where there is no pre-existing, legal structure (e.g., a mining road orjeep road that provides access to a vacant parcel shall not be improved pursuant to this provision to create access to a new residence). (c) The improvements shall be limited to existing roads and driveways that traverse previously disturbed slopes equal to or in excess of thirty (30) percent and comply, or can comply without impacting slopes equal to or in excess of thirty (30) percent, with the minimum requirements in the Pitkin County Road Management and Maintenance Plan for width, grade and curvature. New road and driveway improvements that traverse undisturbed slopes equal to or in excess of thirty (30) percent are prohibited. (d) The improvements shall be minor in scope and shall be the minimum required to ensure the safety of both the general public and safety agency personnel. Improvements that may be permitted pursuant to this provision may include, but not be limited to, pullouts, turnarounds or grading, if the road or driveway otherwise complies with the standards of the Pitkin County Road Management and Maintenance Plan. Improvements that would create further impacts on slopes equal to or in excess of thirty (30) percent in order to bring an existing road or driveway into compliance with the minimum standards of the Pitkin County Road Management and Maintenance Plan are prohibited. (e) 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 improvements will not cause greater instability or increase the potential for slope failure. (5) SHORT DRIVEWAY ENCROACHMENTS Through the Building Permit process, an exception for short driveway encroachments may be permitted as follows: (a) This exception may only be utilized where there is no alternative alignment on slopes less than thirty (30) percent and the proposed driveway is free of all of the following hazards: high hazard avalanche July 20, 2016 n'�1107M�'aaroonn Drive - Activity Envelope Jl-1U114 (^ rowland+broughton architecture and urban design zone (red zone) and moderate hazard avalanche zone (blue zone), landslide areas, or rockfall areas. (See Sec. 7-20-50). (b) For a maximum of one -hundred (100) linear feet per lot or parcel, the driveway may encroach on slopes between thirty (30) percent and a maximum of forty-five (45) percent gradient. The maximum of one hundred (100) linear feet of permitted encroachment shall be measured along the centerline of the driveway. (c) All development permitted pursuant to this section shall be subject to the development standards of Sec. 7-20-20(c)(1)(a) through (d). (6) MICRO HYDROELECTRIC SYSTEMS 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: (a) An engineer or geologist licensed in the State of Colorado shall be required to demonstrate that the site can be engineered so that there is no hazard posed by the location of the system components on such slopes. (b) To the extent possible, the system components shall be designed so as to: avoid adding water to the site in a manner that would cause decreased stability; avoid removing the toe of the slope; re -contour disturbed slopes so that they can be revegetated; avoid steepening of existing slopes. (c) Any development approved pursuant to this section shall be conditioned upon compliance with the engineer or geologist's recommended mitigation measures. (d) Following site plan review and prior to the application for a building permit, a precise engineer or geologist approved mitigation plan shall be submitted by the applicant that shows the area of disturbed slope, any re -grading required and the exact size and location of all mitigation devices. The mitigation measures must be determined to be the least visually and ecologically obtrusive alternatives, and can include but are not limited to hand -burial or non -burial of transmission pipelines; prohibition of the use of excavation equipment for foundation improvements; and the positioning of facilities so that vegetation removal is kept to a minimum. (T) 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 modify other prohibitions on development including but not limited to those in Section 7-20-50 Geologic Hazards. This section is available only when all of the following conditions are met: (a) The property on which the habitable retaining structures are proposed to be built has previously been developed with a structure(s) that meets County Codes for human habitation and that was built pursuant to valid County land use approvals and building permits (as applicable). (b) An engineer or a geologist licensed in the State of Colorado has provided a report demonstrating to the satisfaction of the BOCC that the site can be engineered so there is no hazard posed by the location of the proposed habitable retaining structures on such slopes. (c) The proposed structures shall be designed to function principally as retaining structures, but may also be permitted for human habitation. A habitable retaining structure that also meets the Code definition of a residential dwelling unit, or is a structure that would typically be accessory to a residential dwelling (such as a garage), or any structure that includes plumbing facilities shall not be allowed pursuant to this sub -section. (d) The proposed development at the toe or base of the slope shall be designed to avoid adding water to the site that would cause decreased stability or would increase the weight load on the top of the slope. (e) Slopes that are disturbed by the proposed development shall be re-contoured so they can be re - vegetated, and a plan for such re -vegetation shall be provided which restores the exposed slopes to a stable, natural condition. (n The proposed habitable retaining structures shall comply with the standards for retaining walls found in Section 7-20-20 (e) (6) of this Code as applicable, but shall not be subject to the limits on changing natural grade, the limits on graded, excavated or filled manmade slopes, and the guidelines for retaining walls found in Section 7-20-20 (e) (2), (3), and (5) of this Code. July 20, 2016 10 Maroon Drive -Activity Envelope rowland+broughton architecture and urban design No development is proposed on slopes with a slope gradient equal to or exceeding thirty (30) percent. (d) Less Than Thirty (30) Percent Gradient Development is permitted on slopes with less than a thirty (30) percent gradient. This application proposes development on slopes less than thirty (30) percent gradient. These development activities include grading, installing plant materials, installing hardscapes and walls. (e) Additional Standards All activity and development on slopes with a gradient of thirty (30) percent or greater shall comply with the following standards. (1) DENSITY SLOPE REDUCTION If more than thirty (30) percent of the total land area of 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. (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 man-made slopes, provided that the retaining walls comply with the requirements set forth in this section. (b) As necessary to construct a driveway from the street to a garage or parking area, grade changes or retaining walls up to seven (7) feet may be allowed. (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 facilities, shall be discouraged except where the natural slope is twenty (20) percent or less. (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 cut 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 re-contoured to the natural, varied contour of the surrounding terrain. (5) GUIDELINES FOR RETAINING WALLS Use of retaining walls is encouraged to reduce the steepness of man-made slopes and to provide planting pockets conducive to revegetation. (a) Retaining walls may be permitted to support steep slopes but should not exceed four (4) feet in height from the finished grade, except for (i) a structure's foundation wall, or (ii) as necessary to construct a driveway from the street to a garage or parking area, or (iii) as otherwise expressly allowed by this Land Use Code. (b) A retaining wall should not exceed seven (7) feet in height. Retaining walls greater than four (4) feet in height shall be supported by appropriate engineering and reviewed and approved by the County Engineer. 10 July 20, 2016 10 Maroon Drive - Activity Envelope 000IIA I rowland+broughton architecture and urban design (c) Terracing should be limited to two (2) tiers. The width of the terrace between any two four (4) foot vertical retaining walls should be at least three (3) feet. Retaining walls higher than four (4) feet should be separated from any other retaining wall by a minimum of five (5) horizontal feet. Terraces created between retaining walls shall be permanently landscaped or revegetated with native vegetation. (d) Retaining walls used to support existing road cuts may exceed (a), (b), and (c) of these guidelines. (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 provision set forth in the adopted building code, the more restrictive provision shall apply. (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. (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. (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. (f) 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 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 shall be subject to any other applicable regulations of this Land Use Code and the following provisions: (1) No non -motorized, public trail shall be permitted in steep and potentially unstable slope area that would subject occupants or users of the area to hazardous conditions; create or worsen such conditions affecting other developments, activities and lands; subject other persons or the County to dangers or expenses required to mitigate such hazardous conditions, respond to emergencies created by such conditions or rehabilitate the improvements, activities and lands. (2) All non -motorized, public trails in steep and potentially unstable slope area shall be constructed in such a manner as to mitigate the hazard to public health and safety or to property due to steep and potentially unstable slope hazards. ( Code Adopted July, 2006 by Ord. 014-0-2006 - § 7-20-20 Amended (part) by Ord. 023-2007 - Ord. 012-08 — Ord. 016-08 — Ord. 024- 2008) No development is proposed for slopes with a slope gradient equal to or exceeding thirty (30) percent with the exception of minor changes in slope -development located within minor slope anomalies as indicated on the Slope Delineation Plan. July 20, 2016 10 Maroon Drive -Activity Envelope rowland+broughton architecture and urban design Section 7-20-30 WATER COURSES AND DRAINAGE The applicant will comply with this code provision. Section 7-20-40 FLOODPLAIN HAZARDS This code provision is not applicable to this application, Section 7-20-50 GEOLOGIC HAZARDS This code provision is not applicable to this application. Section 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 designated on the Pitkin County adopted Wildfire Hazard Area 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 area of "Severe Wildfire Hazard" or "Low to Medium 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 Maps, or may recommend that all or a portion(s) of the site 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. The subject property is classified as a Low to Medium Wildfire Hazard on the Pitkin County adopted Wildfire Hazard Area Maps. A Wildfire Hazard Review was conducted in October 2009 by Bluegreen, a County approved wildfire expert, and a letter report prepared that documents site observations and mitigation recommendations. The Low to Medium Wildfire Hazard Area designation was verified by the wildfire expert, with the exception of the steeply sloped area of the property. This portion of the property is determined to be a Severe Wildfire Hazard area. The Wildfire Hazard Review letter report is included in this application. (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 Wildfire Hazard" within the Activity Envelope and within one hundred (100) feet 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", 12 July 20, 2016 10 Maroon Drive - Activity Envelope N'"=�1 rowland+broughton architecture and urban design and to mitigate wildfire hazards in areas of "Low to Medium Wildfire Hazard" as set forth in this Sec. 7- 20-60. All wildfire mitigation and creation of defensible space shall occur within the Activity Envelope. The proposed Site Plan includes the Low to Medium and Severe Wildfire Hazard delineations. The Activity Envelope allows compliance with the mitigation and defensible space recommendations, combined with pruning and/or thinning of vegetation outside of the Activity Envelope. The recommended pruning and/or thinning will be flagged by Bluegreen and reviewed with County staff prior to performing work. (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 the additional standards in subsection (d) as applicable. (1) 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): (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 the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). (c) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. (d) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. (e) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. (fJ 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. (i) No new conifer trees shall be planted within ten (10) feet of a residence. Q) 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 the defensible space vegetation requirements. (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 Colorado State 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 routes of access/egress is defined as two (2) or more dedicated access roads to the main artery/highway for widely separated ingress/egress; looped drives with one (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 (750) feet apart installed between 13 July 20, 2016 10 Maroon Drive - Activity Envelope aaQfv52. rowland+broughton architecture and urban design 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 accepted by the applicable local fire district. (c) Cul-de-sac turnaround pads shall have a minimum of a thirty (30) 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. (3) WATER SUPPLY FOR FIRE SAFETY (a) When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by the Community Development Department and the local fire district. (b) Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district with a minimum of one thousand (1,000) gallon storage capacity per structure. (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 hazard 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 hazard considerations, emergency access difficulties and lack of proximity to fire protection services. (4) ROOFING MATERIALS, ROOFING VENTS AND PROJECTIONS AT AND 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 Hazard Areas shall be constructed according to the following specifications: (a) Low Hazard Area 1. Roofing Materials a. Class A covering or Class A Assembly as defined by the currently adopted Building Code. b. No wood shakes or shingles. c. All other adopted Building Code compliant methods and materials permitted. (b) Medium Hazard Area 1. Roofing Materials a. Class A covering or Class A Assembly as defined by the currently adopted building code. b. No wood shakes or shingles. 2. Roof Venting a. Soffit venting shall be located in the outer 1/3rd portion of the overhang. b. Attic, soffit and other roof venting shall be of non -corrosive metal mesh with maximum Y." openings. 3. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: a. Sheath with non-combustible materials, or b. Combustible materials underlain with 5/8" Type X gypboard or equal, or c. Minimum 4x6 rafters with 2x T&G decking. 4. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: 14 July 20, 2016 10 Maroon Drive -Activity Envelope 000aJa-- rowland+broughton architecture and urban design Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. 5. Other: Any methods approved for Severe Wildfire Hazard Areas may be used in Medium Wildfire Hazard Areas. (c) Severe Hazard Area All requirements for Medium Wildfire Hazard Areas apply with the following modifications: 1. Roofing Materials: a. Class A covering or Class A Assembly as defined by the currently adopted building code. b. No wood shakes or shingles. 2. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: a. One (1) hour rated material or any material underlain by 5/8" Type X gypboard or equal, or b. "Type IV" Heavy Timber materials, per the currently adopted building code. 3. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: a. Construction with noncombustible or one (1) hour rated material, or material with flame spread <25 (tested to ASTM E84 and listed for exterior use), or b. Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypboard or equal (decking as "a" above), or c. "Type IV" Heavy Timber materials: joist and beams minimum 6'x10", columns minimum 8"xS", decking minimum 4" in depth, or decking as "a" above; or equivalent log construction, or d. Enclose projection vertically to ground with one hour fire resistive materials. Decking as "a" above. 4. Railings: Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials. 5. Exterior of the Structure, Including All Walls a. One (1) hour fire resistive rated materials, or b. 5/8" gypboard underlying combustible materials, or c. Cement stucco, minimum 3/4" thickness. d. All glazing to be tempered glazing; and e. Doors to be metal or wood 1 3/4" thick minimum. 6. Foundations Foundations, skirting, and crawl space openings shall be fully enclosed and constructed with materials approved for one (1) hour fire -resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. (d) All Hazard Areas Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Severe Wildfire Hazard Areas unless they comply with the following: 1. All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3. Protrusions above the roofline, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. (5) MAINTENANCE AND MISCELLANEOUS REQUIREMENTS (a) Roofs and gutters shall be kept clear of debris. (b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/4) inch maximum. (c) Yards shall be kept clear of all litter, slash and flammable debris. 15 July 20, 2016 n10 MaroonnDDrive - Activity Envelope 9 0-o J `r^ rowland+broughton architecture and urban design (d) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. (e) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6)inches. (fJ Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. (g) Swimming pools and ponds shall be accessible by the local fire district. (h) Fences shall be kept clear of brush and debris. (i) Wood fences shall not connect to other structures. Q) Fuel tanks shall be installed underground with an approved container. (k) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire -resistive construction on the exterior side of the walls. (1) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. (m) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. (n) Additional recommendations from the Colorado State Forest Service, the Pitkin County Sheriffs Department, the local fire protection district and/or a person certified by the Community Development Department as an expert in designation of wildfire areas and wildfire mitigation may be incorporated into any conditions of approval as necessary to mitigate wildfire hazards. The Wildfire Hazard Review letter report includes modified recommendations based on specific existing and proposed site and structure conditions. (d) Additional Development 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 hazards; or (2) development within the Severe Wildfire Hazard Area is preferable to alternative Low to Medium Wildfire Hazard site(s) because of other hazard concerns relating to the alternative site(s). (2) Development permitted in Severe Wildfire Hazard Areas pursuant to this section shall be subject to all of the standards of Sec. 7-20-60(c) above. Development is not proposed within the Severe Wildfire Hazard area. (e) Recommendations of Wildfire Expert In the case of both "Severe Wildfire Hazard Areas" and "Low to Medium Wildfire Hazard Areas", the w ldfire 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. The Wildfire Hazard Review letter report includes modified recommendations based on specific existing and proposed site and structure conditions. 16 July 20, 2016 10 Maroon Drive - Activity Envelope ��?flfl55 lowl and+!)roughton architecture and urban design Section 7-20-70 WILDLIFE HABITAT This code provision is not applicable to this application. Section 7-20-80 RIVER AND STREAM CORRIDORS AND WETLANDS This code provision is not applicable to this application. Section 7-20-90 IRRIGATED LANDS FOR FOOD OR CROP PRODUCTION This code provision is not applicable to this application. Section 7-20-100 HISTORIC PRESERVATION This code provision is not applicable to this application. Section 7-20-110 ARCHEOLOGICAL RESOURCES This code provision is not applicable to this application. Section 7-20-120 SCENIC VIEW PROTECTION Preservation of the character of Pitkin County requires careful attention to the visible impacts of proposed development. In general, the standards of this Sec. 7-20-120 are designed to minimize the visual impact of new development (including expansions to existing structures) when viewed from designated road corridors, as well as to preserve the rural character of all Rural Areas of the county. Scenic View Protection Areas shall be considered at the time of Site Plan approval and Building Permit issuance. (a) Intent The intent of this Sec. 7-20-120 is: (1) To establish a Scenic View Protection Area that includes lands that are proximate to and most visible from specific roads in the County, with specific concerns for the areas that constitute the visual entrance "image" and passage through Aspen and Pitkin County as well as views of ridgelines from those roads. (2) To maintain a natural ridgeline silhouette against the sky and to steer development away from ridgelines and skylines throughout the County as viewed from public roadway corridors. (3) To insure that new development is designed and located to complement the natural landscape and the natural features within the public viewplane in order to achieve an aesthetically pleasing, rural atmosphere. (4) To reduce visual damage to the natural landforms and views throughout the County. (b) Applicability All areas shown on the County's Scenic View Protection Area maps, which are maintained in the Community Development Department, shall comply with the standards of subsection (d) below. The Scenic View Protection Area map includes scenic foreground areas, public viewplanes, and ridgelines. The mapped areas are identified as viewed from the following rights-of-way: (a) State Highway 82; 17 July 20, 2016 10 Maroon Drive - Activity Envelope u ,MM Gj rowland+broughton architecture and urban design (b) Brush Creek Road; (c) Capitol Creek Road; (d) Snowmass Creek Road; (e) State Highway 133; (9 Frying Pan Road; (g) Castle Creek Road; (h) Maroon Creek Road; (i) West and East Sopris Creek Roads; G) Owl Creek Road; (k) Upper and Lower River Roads; (I) McLain Flats Road; and (m) Woody Creek Road. The subject property is located within the State Highway 82 Scenic View Protection Area. All development in the Rural Area shall be sited in consideration of the rural character guidelines of subsection (e) below. (c) Exemptions These standards shall not apply to: (1) Activity or development that is covered by a valid building permit. (2) All interior remodels that do not change any outside visual aspect of the structure. (3) Lots within platted subdivisions approved by the County, which have designated Activity, Builcing or Development Envelopes, unless the terms of the approval require ridgeline or scenic review ploy to construction. (4) Any proposed development for which the Community Development Director determines that: a. The proposed development is not visible from those rights-of-way listed in subsection (b) above; or b. A proposed addition to or remodel of an existing structure has been located to minimize perceived mass when viewed from those rights-of-way listed in subsection (b) above. For purposes of this section, visible means that a structure or use is discernible to the naked eye from the designated roadway. (d) Standards for Development Within Scenic View Protection Areas All non-exempt development located within a mapped Scenic View Protection Area shall comply with the following standards. (1) The proposed development shall utilize existing topography and natural vegetation, such as ridges hills, and existing trees, to screen buildings to the maximum extent practicable when viewed from those right-of-ways listed in subsection (b) above. Existing natural and installed vegetation is preserved to help screen the residence from State Highway 82. Proposed vegetation is located to further screen the proposed residence from view, to the extent practicable, given wildfire mitigation constraints. (2) The proposed development shall avoid the location of structures within the Scenic View Protection Areas, and shall avoid the location of structures within any Viewplane identified in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan if possible. If location outside the Scenic View Protection Area and defined Viewplanes is not practicable, then the proposed development shall not be located on the highest ground or most visible portion of any site as viewed from those corridors listed in subsection (b) above. The applicant's lot is situated within the Scenic View Protection Area. The lot is located at a similar elevation to State Highway 82, therefore occupying the valley corridor. The location in no way impacts the ridgelines visible from State Highway 82. Existing residences and ample 18 July 20, 2016 (� 10 Maroon Drive - Activity Envelope 000657 rowland+broughton architecture and urban design vegetation line both sides of State Highway 82 and the subject property is located perpendicular to the road with minimal disruption to the existing views. A residence already occupies the site and can be seen from the same location on State Highway 82. The only portion of the lot that is at a lower elevation is located on a steep and unstable slope, defined as a constrained area, thereby making development on this portion of the property impossible. (3) The proposed development's height and bulk shall be designed to avoid, to the maximum extent practicable, the visibility of buildings from those corridors listed in subsection (b) above. This may include, but shall not be limited to, breaking the mass of the building down into a series of smaller forms, articulation of the building facades to avoid a wall or row effect, and staggering rooflines to avoid a long unbroken plane. The proposed residence has been designed to minimize the perceived height and bulk of the structure. With only one story above grade the building sits modestly next to it's neighbors on Maroon Drive. The facades of the proposed residence are broken into smaller forms, with the articulation of taller elements that define the programmed space within. Glazing is broken into clerestory and banded elements. The use of an outdoor patio space with an overhang also helps break the horizontal reading of the primary facade facing State Highway 82. (4) The proposed structure shall be placed so it does not project above a ridgeline such that a structure silhouettes against the sky when viewed from those corridors listed in subsection (b) unless there are no alternate building sites on the lot or parcel. The applicant's property is not set near a ridgeline as viewed from the protected corridors. The subject property is located at a similar elevation as State Highway 82, therefore occupying the valley corridor. (5) The proposed development shall be designed to complement the natural topography of the land through the use of techniques such as earth -sheltered design, the use of natural materials and coloring, the use of low - reflectance materials, or clustering of structures on the least visible portions of the site. When a building is proposed near a ridgeline, then its form (particularly its roof form) shall replicate, parallel, or complement the natural form of the ridgeline so that it appears to be an element of the natural ridgeline. This property does not have variations in the topography except as it drops steeply towards Pyramid Road. The developable portion of the lot does not allow for earth -sheltered design. However, the shape and materials of the proposed residence will make the house blend into the surrounding vegetation. The facade and roof will be treated with low -reflective, natural - toned elements. (6) The proposed development shall preserve natural vegetation and avoid development within irrigated meadows, to the maximum extent practicable. The proposed improvements to the site preserve the natural vegetation visible from State Highway 82. (7) The proposed development shall install utilities in locations and through procedures that minimize visual impacts to the maximum extent practicable. Utilities that serve the existing structure will be used for the proposed residence. Any additional utilities located on -grade are sited to minimize their visibility and also will be screened with vegetation. 19 July 20, 2016 in MawQQ Drive -Activity Envelope NVfl'53 rowland+broughton architecture and urban design (8) All satellite dishes in the proposed development shall be located to minimize visibility from those rights-of- way listed in subsection (b), and shall use earth tone colors and/or screening to minimize their visual impact. Any future dish will comply with Pitkin County regulations regarding screening and minimizing the visual impact. (9) The proposed development shall not use earth moving and berms as the primary means of compliance with these regulations, but earth moving may be utilized in conjunction with other techniques to comply with standards in this section. Where earth moving techniques are necessary, man-made forms should be undulating and natural in appearance. Low, naturally appearing berms are proposed. Berming is combined with vegetation to facilitate compliance with this code provision. These berms will not be visible from State Highway 82. (10) In the Rural Areas only, development shall be located so that activities and development occur in at least one of the locations specified in subsection (f) as they may apply to the particular property. This provision is not applicable as the subject property is located within the Aspen Urban Growth Boundary. (11) Earth Tone Materials The exterior of all development, except development located and designed in the form of a ranch compound, shall be built or painted with indigenous earth tone materials or colors. The exterior of a ranch compound should be built or painted with indigenous earth tone materials, or shall be painted or stained using local, traditional ranch colors, which shall include shades of red, brown, or white. Paints or stains that simulate weather barn wood also shall be permitted. The shape and materials of the proposed residence will make the house blend into the surrounding vegetation. The facade and roof will be treated with low -reflective, natural -toned elements. (12) Roofs All roofs shall have a non -reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. The shape and materials of the proposed residence will make the house blend into the surrounding vegetation. The facade and roof will be treated with low -reflective, natural -toned elements. There are photovoltaic panels proposed for the roof, although the specified panels are a matte finish and should not contribute to unwanted reflection off the roof. In addition, the panels are oriented away from State Highway 82. (13) Revegetation of Disturbed Areas Lands disturbed by earth moving or berms should be revegetated using native species that are already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas. Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival of planted native species. The areas to be disturbed will be revegetated using native and/or hardy species found on and near the site, and in accordance with the Pitkin County Revegetation Guide. The property is 20 July 20, 2016 1^. I,% - Activity Envelope OnPV15 7. rowland+broughton architecture and urban design currently developed with a single-family residence. Irrigation will be used to establish and maintain the planted species. (14) Driveways Avoid Dividing Meadows and Pastures To the maximum extent practicable, roads and driveways shall be located to skirt the edge of and avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening, a row of trees may be planted along the roads or driveways. To the maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid straight line corridors that are incongruous with the natural setting. The existing driveway alignment is reused for the proposed development. The existing driveway uses a straight line corridor that is appropriate to this site's relatively flat topography and neighborhood context. (e) Rural Character Guidelines for Building Location This code provision is not applicable to this application. Section 7-20-130 LANDSCAPING AND VEGETATION PROTECTION All development in Pitkin County shall comply with the Pitkin County Landscape Guidelines and portions of development adjacent to public roads shall comply with the Roadway Landscaping Guidelines contained in the Pitkin County Asset Management Plan. In case of conflict between the provisions of these two documents and the standards below, the guideline documents shall apply. (a) Purpose These regulations are intended to preserve existing vegetation on development sites to the maximum extent consistent with the permitted development, and to ensure that specific types of man made improvements are screened from view in order to preserve the rural character of the County, and to prevent the use of landscaping in ways that would compromise the rural character of the County. (b) General Provisions (1) PROTECTION OF NATURAL VEGETATION In order to protect the rural character of Pitkin County, natural vegetation should be preserved to the maximum extent practicable, and any installed landscaping shall use the species plant materials naturally occurring on the site or on neighboring properties (except for flower gardens). Restrictions on removal of natural vegetation, and requirements for revegetation, are set forth in other portions of this Chapter 7. The property, located within the Aspen Urban Growth Boundary, is also located within an existing subdivision and is currently developed with a single-family residence. Natural vegetation is preserved in all areas located outside of the proposed activity envelope, with the exception of necessary wildfire mitigation. Installed plant materials will be similar to those found on site and on neighboring properties. (2) CONFORMANCE WITH WILDFIRE REGULATIONS In the event the provisions of this Sec. 7-20-130 conflict with any provisions of Sec. 7-20-60, as those requirements may be varied by a wildfire expert approved by the County, the provisions of Sec. 7-20-60 shall govern. The existing and proposed vegetation and installed plant materials meets the mitigation recommendations specified by the project's wildfire expert. 21 July 20, 2016 10 Maroon Drive - Activity Envelope 000069 rowland+broughton architecture and urban design (3) BERMS Berms may be incorporated into any required landscaping, buffering, or screening area, provided that the County determines, during the development approval process, that the proposed berms will not cause drainage or erosion problems. No installed berm shall have a slope of greater than four -to one (4:1), nor a height greater than four (4) feet above grade. Berms are included in the proposed site improvements. They are not greater than four (4) feet above grade or steeper than four -to -one (4: 1). (4) LANDSCAPE ENCLOSURES Landscaping shall not be used to mark or enclose the boundary of a parcel, or to privatize an otherwise public viewplane. Use of indigenous shrubs or trees to enclose a portion of the property immediately surrounding a dwelling, barn, and/or accessory buildings (as opposed to the entire property or a large area of the prcperty) are permitted if made to resemble similar windbreaks located near older properties in Rural Areas of the County. The landscape is proposed to visually screen Maroon Drive and neighboring structures, while not obstructing public viewplanes. The proposed landscape is also similar in character to that of neighboring properties. (5) VISIBILITY CLEARANCE All landscaping shall be installed and maintained so that it does not interfere with the ability of drivers to see nearby traffic at the intersection of any driveway with a public road, or at the intersection of two public roads. The proposed landscape will comply with this code provision as the proposed driveway meets Maroon Drive, a private drive serving the Tennis Club Subdivision. (6) UTILITY EASEMENTS Whenever the provisions of this Sec. 7-20-130 would require the installation of trees or shrubs over or on utility easements, where branches or roots might interfere with utility lines or pipes, the required location for such trees and shrubs shall be modified to require installation at the closest location that would avoid potential conflicts with utilities and would enable the trees and shrubs to serve the same landscaping purpose. The proposed landscape is designed to minimize interference with utility easements. (7) FINANCIAL SECURITY The Community Development Department may require financial security in a form acceptable to the County Attorney to ensure completion of installation of all required landscaping and/or successful establishment of plants. Financial security will not be necessary to ensure completion of the landscape and its successful establishment. This will be the applicants primary home and it is in his best interest to install the required plant materials and to ensure their success. (8) MAINTENANCE All plants shall be maintained continually in a healthy condition in accordance with generally accepted professional horticultural standards and practices. Within areas required to be landscaped with installed plant materials, plants that die or are unhealthy shall be replaced. Landscape areas shall remain free of weeds, litter, junk, rubbish and other nuisances and obstructions. The applicant will comply with this code provision. (c) Required Landscaping in Rural Areas In the Rural Area: 22 July 20, 2016 10 Maroon Drive - Activity Envelope 1000061-. rowland+broughton architecture and urban design (1) Landscaping is required for the following purposes: (i) to screen satellite dishes and other telecommunications equipment when located within five hundred (500) feet of adjacent public roads and visible from such roads, and (ii) to screen parking areas and service areas when viewed from adjacent public roads, (iii) where necessary to comply with the standards of Secs. 7-20-70, 7-20-80, or 7-20-120, and (iv) to revegetate disturbed areas. (2) Landscape treatments shall cluster shrubs and trees into groupings similar to those naturally occurring on the site or neighboring sites, shall use indigenous species of shrubs and trees, and shall not be installed in regularly spaced lines or rows, unless more specific provisions of Secs. 7-20-70, 7-20-80, or 7-20-120 require a different treatment. The property is located within the Aspen Urban Growth Boundary and not a Rural Area. (d) Required Landscaping in Urban Areas In the Urban Area: (1) WHERE REQUIRED Landscaping is required for the following purposes for new development on the property: (i) to screen satellite dishes and other telecommunications equipment when located within two hundred (200) feet of adjacent public roads and visible from such roads, (ii) to screen nonresidential parking areas and service areas when viewed from adjacent public roads, (iii) to create a landscaped street edge in the B-2 zone district, (iv) to break up required parking areas in the B-2 zone district into smaller "cells" of parking, and (v) to break up the perceived mass of larger buildings in the B-2 zone district through the use of foundation plantings. (2) MINIMUM AREAS AND PLANT DENSITIES REQUIRED All required areas for landscaping, buffering, or screening shall comply with the following standards unless these standards conflict with another development standard in this Chapter 7. (a) Satellite Dishes and Telecommunications Equipment Landscape treatments shall use indigenous species of shrubs and trees and shall be sufficient to block visibility of seventy-five (75) percent of the dish or equipment within three (3) years of planting. The proposed landscaping will sufficiently screen at grade satellite dishes and telecommunications equipment within three (3) years of planting, although none are planned at this time. (b) Non -Residential Parking Areas and Service Areas in all Zone Districts, and Street Edge in B-2 Zone District Screening for non-residential parking areas and service areas shall be at least fifteen (15) feet in width and shall have at least (1) large tree (minimum 30 foot height at maturity) per fifty (50) linear feet of landscape area, plus one (1) shrub per ten (10) feet of linear landscape area, plus two (2) groundcover plants per each five (5) linear feet of landscape area. This code provision is not applicable to this application. (c) Parking Cells in B-2 Zone District Landscaped islands shall be used to break up parking into "cells' containing no more than forty (40) parking spaces, and the landscaped islands shall cover at least five (5) percent of the gross area of the parking lot, including areas for driving aisles, but excluding any areas occupied by perimeter landscaping along adjacent public streets. Each landscaped island shall be a minimum of eight (8) feet wide and shall contain at least one (1) medium tree (minimum 20 feet height at maturity) per fifty (50) feet of linear length, plus one (1) shrub per ten (10) feet of linear landscaped area, plus two (2) groundcover plants per five (5) linear feet of landscaped area. This code provision is not applicable to this application. 23 July 20, 2016 10 Maroon Drive - Activity Envelope ,_, , x'62 rowland+broughton architecture and urban design (d) Building Perimeter Landscaping in B-2 Zone District Shrubs shall be planted within ten (10) feet of the foundation of the primary structure along each building fagade visible from an adjacent public road, at the rate of at least twenty (20) shrubs per one hundred (100) linear feet of visible building fagade. Foundation plantings may be clustered to provide interest, and plants of larger size or differing species shall be installed adjacent to the main pedestrian entryway to each building to emphasize that entryway. The Community Development Department may waive foundation planting requirements for portions of the sides or rears of buildings where loading areas or other similar areas precluding planting. This code provision is not applicable to this application. (e) Alternative Approaches Plant spacing and densities differing from those in subsections (a) through (d) above may be approved if the Community Development Department determines that such alternative will include at least the same amount of living landscape material and will have an equally landscaped appearance when viewed from adjacent roads and properties. This code provision is not applicable to this application. Section 7-20-140 LIGHTING (a) Applicability The standards in this Sec. 7-20-140 are applicable to all lighting in Pitkin County. No lighting shall be installed or continued that violates the standards of this section. (b) Bulb Visibility All exterior lighting shall be designed so that the bulb (point light source) is not directly visible from adjacent and neighboring properties or public rights-of-way. This can be accomplished using fixtures that "fully shield" the bulb behind opaque shielding (i.e., the light distribution is primarily down and/or up directed) or which utilize non - transparent diffusion material (e.g. glass, acrylic, or polycarbonate) in the case of fixtures with some sort of translucent lens(es) around the bulb compartment. In the case of opaque shielding, wattage shall be limited to sixty (60) incandescent watts per fixture or twenty-five (25) compact fluorescent watts. (c) Light Trespass Light trespass is defined as the shining of light produced by a light fixture beyond the horizontal boundaries of the property on which it is located and vertically above the property. For all types of uses, light level shall be no greater than one-half (1/2) of a foot-candle at the property line. (d) Maximum Heights and Intensities Maximum heights and intensities of lighting shall conform to the following table. Area Overhead Feet Intensity in Foot- candles Public Parking Lots 12--15 0--0.5 Pedestrian Walkways and 4 0.1 -- Driveways 0.5 Vehicular Intersections 20--25 0.5-- 1.0 (e) Uplighting Uplighting is only permitted when used as follows: 24 July 20, 2016 0 n1pJvU�UIVUI],arr Drive -Activity Envelope J) �„ V J v — rowland+broughton architecture and urban design To light a primary entrance, when the lighting fixture is wall -mounted under an architectural element (e.g., roofs over walkways/entries or overhanging, non -translucent eaves) and that this element contains the illumination, and To light flags, when no more than two light fixtures per flag are used, with a maximum of one hundred fifty (150) watts each. The fixture must be shielded such that the point source is not visible outside a fifteen foot (16) radius. (f) Highlighting Illumination of building facades, driveways, and landscaping shall be prohibited. Lighting intended to illuminate the Roaring Fork, Frying Pan and Crystal Rivers or their tributaries shall be prohibited. (g) Floodlighting Floodlighting is only permitted when it is down -directed and controlled by a motion sensor that is triggered by activity within the owner's property lines, and when fully -shielded such that the light source is not visible from adjacent and/or neighboring properties. Ground -mounted floodlighting of a structure is prohibited. (h) Safety and Security Lighting The use of motion sensors, photocells, or photocell/ timers to control duration of nighttime illumination is required for safety and security lighting. In all cases, light intensity shall be limited to between one and two (2) foot- candles. Motion Sensors are the preferred method for controlling nighttime illumination. These are only permitted where the sensor is triggered by activity within the owner's property lines. Photocells are only permitted under the following conditions: At primary points of entrance (e.g., front entries) or in critical common areas for commercial and multi -family properties; Where the light sources are fully shielded by opaque material (i.e., the fixture illuminates the area but is not itself visibly bright); For residential properties, the light source is fluorescent (or compact fluorescent) to eliminate excess electricity consumption; and For non-residential properties, HID light sources (high pressure sodium and metal halide) may be used instead of fluorescent lighting. Timer/Photocell Combinations are a preferred method when used for nighttime control at primary points of entrance (e.g., front entries) and may be used with fully shielded lighting fixtures with non -transparent diffusion material. (f) Properties Adjacent to Public Rights of Way In addition to being in compliance with the above sections, no exterior lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. Specifically, the following is prohibited: Any light not designed for roadway illumination that produces direct or reflected glare that could be disturbing to the operator of a motor vehicle. Any light that may be confused with or construed as a traffic control device except as authorized by State, Federal, or County government. a) Mercury Vapor and Low Pressure Sodium Sources These light sources are prohibited. (k) Non -Residential and/or Mixed Residential and Commercial Fixture Heights and Types Fixture heights (as measured from grade to the bottom face of a fixture) shall be ten (10) feet or less in height, or the fixture must be fully shielded ("cutoff'), non-adjustable, and down -directed (or building mounted and directed back at a facade). For the following special use areas, the specified heights shall apply: (1) PUBLIC PARKING LOTS Lights shall be between twelve (12) feet and fifteen (15) feet high. Light intensity shall be between zero (0) and one-half (1/2) foot-candles. (2) PEDESTRIAN WALKWAYS The preferred option is for low-level "bollard" or pipe -mounted fixtures that are fully shielded and down -directed and have a maximum of four (4) feet height and minimum spacing of twenty-five (25) feet. If pole -mounted fixtures are desired, ten (10) feet is the maximum height with a minimum spacing of fifty (50) feet. Pole -mounted 25 July 20, 2016 10 Maroon Drive -Activity Envelope 0 9.0%«' rowland+broughton architecture and urban design fixtures above six (6) feet in height must be fully shielded, non-adjustable, and down -directed. Lighting intensity shall be between one tenth (0.1) foot-candle and one half (1/2) foot-candle. (3) VEHICULAR INTERSECTIONS Fixtures heights shall be between twenty (20) feet and twenty-five (25) feet in height. Lighting shall be between one-half (1/2) and one (1) foot-candle. (4) HIGH -ACTIVITY PEDESTRIAN AREAS Lighting shall be between ten (10) feet and twelve (12) feet in height. Lighting shall be between one-half (1/2) and one (1) foot-candle. High -activity areas refer to areas where there is a concentration of people, particularly at night. (5) AUTOMOBILE SERVICE STATION CANOPIES Light fixtures mounted on Automobile Service Station canopies and other canopies shall be recessed so that the lens cover is flush with the bottom surface of the canopy or shielded by the fixture or the edge of the canopy so that light is restrained to eighty-five (85) degrees or less from horizontal. Lights shall not be mounted on the top or sides (fascias) of the canopy. Signing that is in compliance with sign regulations may be placed on these surfaces. The applicant requests the ability to respond to this code provision as a part of the building permit application. 26 July 20, 2016 0 aroon Drive - Activity Envelope 6D PITKIN COU TY PRE -APPLICATION CONFERENCE SUMMARY -ACTIVITY ENVELOPE LOCATION: Maroon Drive, Aspen-Terrni�Subdivision Lot 10 PID# 273511101002 Py rani A V i tl&' ZONING: R-30 10 vta.raon ay'i vG LL -C. SIZE: 44,867 square feet UGB OWNER: Maroon-Drive-Heldings-LLC REPRESENTATIVES: Bryan May PHONE and EMAIL: 544-9006, bmay(a7rowlandbroughton.com DATE: June 7, 2016 PLANNER: Mike Kraemer 920-5482 Type of Application: Activity Envelope and Site Plan Review with vesting Description of Project/Development: The Applicant is requesting Activity Envelope and Site Plan review for demolition of an existing single family residence and construction of a new single family residence. The Lot received prior approval pursuant to Admin. Dec. 05-2010 (Site Plan recorded at BK 93 PG29). This approval is no longer vested. Land Use Code Sections to be addressed in letter of request (application Sec. 6-30-100: GMQS Exemption for legally created parcels; Sec. 2-30-20(g): Activity Envelope and Site Plan Criteria for Approval; Sec. 7-10-50: Site Plan and Activity Envelope; Sec. 7-20-10: Site Preparation and Grading; Sec. 7-20-20: Steep and Potentially Unstable Slopes; Sec. 7-20-30: Water Courses and Drainage; Sec. 7-20-40: Floodplain Hazards (Maroon Creek floodplain); Sec. 7-20-60: Wildfire Hazard - mapped low; Sec. 7-20-70: Wildlife Habitat - Mule Deer Summer & Overall Range and Elk Overall Range; Sec. 7-20-80: Steam Corridor and Wetlands Sec. 7-20-120(d): Standards for Scenic View Protection Areas (Hwy 82 is a designated scenic corridor); Sec. 7-20-130: Landscaping and Vegetation Protection; Sec. 7-20-140: Lighting Staff will refer the application to the following agencies: Tennis Club Caucus, Pyramid View (formally Aspen Tennis Club) HOA, Aspen Fire Protection District, City of Aspen Water Department, and CPW (Taylor Elm). Review by: Community Development Director. Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice at least 30 days prior to the date specified to all property owners and mineral estate owners within 300' of the subject property with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice is postmarked to submit comments or objections to the Community Development Department. FEES: $3,798 (Make check payable to "Pitkin County Treasurer") 00006E Planning Office flat fee: $3,744 (non-refundable; based on 12 hours of staff Jme; if staff review time exceeds 14.4 hours, the Applicant will be charged for additional time above12 hours at a rate of $312/hour) Public Notice Fee: $54 To apply, submitb-copies (one unbound) of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing each of the provisions of the Pitkin County Land Use Code identified above in sufficient detail to demonstrate that all substantive review criteria have been met. Summarize existing conditions, current uses and proposed future uses or expansions as described in Section 1.1 through 1.8 of the Pitkin County Land Use Application Manual. 2. 24" by 36" and 11" by 17" Activity Envelope and Site Plans as designated in Sections 2. 1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; 3. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin Couniy Land Use Application Manual; 4. All applicable technical reports as designated in Sections 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; 5. Parcel description, including legal description and 8-1/2" x 11" vicinity map locating the subject property within Pitkin County; 6. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use Application Manual; 7. Proof of adequate water (in terms of both quantity and availability) for domestic and fire protection purposes and irrigation purposes as applicable, for each dwelling unit; 8. Copies of all resolutions, ordinances and approvals including any recorded drawings; 9. Consent from all owners to process application and authorizing the representative (if applicable, 1 copy); 10. Total fee for review of the application; 11. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees Agreement (1 copy); 12. List of all adjacent property and mineral estate owners (1 copy); 13. Copies of this Pre -application Conference Summary form. NOTES: Y PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. THIS COPY SHOULD HAVE NO DOCUMENTS LARGER THAN 11'X17" ALONG WITH ONE SET OF 24'X36" MAPS. Y PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). Y THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED Y The Land Use Code is available on-line at http://www.aspenpitkin.com/deptsl7l/ Y The Land Use Application manual is available on-line at http://www.aspenpitkin.com/Pdfs/deptsl7/Land Use Application Manual.pdf Y Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2-20-100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. Y This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 011.920M 10 MAROON DRIVE MAROON ACTIVITY ENVELOPE AND SITE PLAN PITKIN COUNTY I COLORADO SPID # 2735-111-01-002 .� uuEDPEEx Io MwOaI wnormE HAINID REYIEw REPORr- aGrm.3r � Au RIPIEOTIIXI9ARO BACK ]R4SIIIfl1BIMFM£S 'NEM iia NE4INGJIMSIPE FOR FIRE RELENE 60'TYFEx DEN80NBB 8HEATWNO1gl SIM.) FOR FlP£RIOIECRON mPrMMm ROAD PASEMENr ]..w I ACTNITY ENVELOPE AND SITE PLAN A1.011Cf SCALE 1Itf.1'Jr' qµ TRUE o m HIM 9 i IS IS ■ e�31 at DRIMMUNY LORIS TN� W NBRCOIORIVEBASBIBR 3.m9 VICINITY MAP NBWA ¢jVA .o � V - I LEGAL DESCRIPTION SUBDIVISIONASPEN TENNIS CLUB LOT 10 DISCLAIMER ENVIRONMENTAL HAUWO AREAS EABTTIUT MIGHTAFFECTTHE PROI£RTY. NAY IMPROVEMENTGAND O PNICY THEREOF. APPLICANT 10MAROON DRIVE. LLC PO BOX 4NO DASPLT. CG SIR,I AUTHORIZED REPRESENTATIVE SAWN BROUGHTON. AM ASPEN.ONMCH BTiEET ASPEN. co e1011 COMMUNITY DEVELOPMENT APPROVAL THIS ADMINIST ME ACTIVITY ENVELCPE PLAN. BEEN REVIEWED AND APPROVED 81 THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT ON THIS_ DAY OF Ma MPROVµ OF THIS RAN IS SUBIECT TO THE TERMS AND CONDITIONS OF DETERMINATION W. _RECORDED AS BOgt_AT PAGE_IN THE PITNIN CIXMTY CLERN NIG RECOROEI9 OFFl CE. OILY MUSEN - PEMIN ODUK Y CONMYWLY DEVELOPMENT DIRECTOR ACCEPTANCE FOR RECORDING THIS RAT HIM BEEN ACCEPTED FOR FILING M THE OFFICE OF THE CLERK AND RECORDER OF PI1pN C W NIY. COLO W pp IX1 TNI9 _ MY OF 21XN IN %AT GGp(_ AT PAOE_AB RECEPTION NO. MAlle VOS CAWILL-PI}EN CWNTY CLEIR(8 RECORDER rowland-Ebroughton .TwM:mI�rPA,B..�l+u.�a� zv.nwNe..» rnn�l�. Wrolao .p., m elell enrol gTo.w mx. xxmenne To.eu.MTar mTw.I3Ter co�emw�u BN 08.16.2016 ACTNfIY ENVELOPE 911BMITTFL 10 MAROON DRIVE 10 MAROON DRIVE ASPEN, CO $1611 PROIEOTNO. 1012 OINGFILE: 24E12_AID ACCNB SHBETTRLE ACTIVITY ENVELOPE AND SITE PLAN scALE: v16^ = r -o^ A1.0 ACT b .M4ro lxmnPE -1614 TO ]OfiiOPE .914 TO X6%BLOPE ® -tlf4NO UP 8lAPE DRIMMUNY LORIS TN� W NBRCOIORIVEBASBIBR 3.m9 VICINITY MAP NBWA ¢jVA .o � V - I LEGAL DESCRIPTION SUBDIVISIONASPEN TENNIS CLUB LOT 10 DISCLAIMER ENVIRONMENTAL HAUWO AREAS EABTTIUT MIGHTAFFECTTHE PROI£RTY. NAY IMPROVEMENTGAND O PNICY THEREOF. APPLICANT 10MAROON DRIVE. LLC PO BOX 4NO DASPLT. CG SIR,I AUTHORIZED REPRESENTATIVE SAWN BROUGHTON. AM ASPEN.ONMCH BTiEET ASPEN. co e1011 COMMUNITY DEVELOPMENT APPROVAL THIS ADMINIST ME ACTIVITY ENVELCPE PLAN. BEEN REVIEWED AND APPROVED 81 THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT ON THIS_ DAY OF Ma MPROVµ OF THIS RAN IS SUBIECT TO THE TERMS AND CONDITIONS OF DETERMINATION W. _RECORDED AS BOgt_AT PAGE_IN THE PITNIN CIXMTY CLERN NIG RECOROEI9 OFFl CE. OILY MUSEN - PEMIN ODUK Y CONMYWLY DEVELOPMENT DIRECTOR ACCEPTANCE FOR RECORDING THIS RAT HIM BEEN ACCEPTED FOR FILING M THE OFFICE OF THE CLERK AND RECORDER OF PI1pN C W NIY. COLO W pp IX1 TNI9 _ MY OF 21XN IN %AT GGp(_ AT PAOE_AB RECEPTION NO. MAlle VOS CAWILL-PI}EN CWNTY CLEIR(8 RECORDER rowland-Ebroughton .TwM:mI�rPA,B..�l+u.�a� zv.nwNe..» rnn�l�. Wrolao .p., m elell enrol gTo.w mx. xxmenne To.eu.MTar mTw.I3Ter co�emw�u BN 08.16.2016 ACTNfIY ENVELOPE 911BMITTFL 10 MAROON DRIVE 10 MAROON DRIVE ASPEN, CO $1611 PROIEOTNO. 1012 OINGFILE: 24E12_AID ACCNB SHBETTRLE ACTIVITY ENVELOPE AND SITE PLAN scALE: v16^ = r -o^ A1.0 ACT Attachments m d m v 20 October 2009 m m e NCourtney Lord 9 Pyramid Drive m Aspen, Colorado 81611 RE: 10 Maroon Wildfire Hazard Review E O Dear Courtney: U m E o a m I am pleased to present this wildfire hazard review letter report for the residence e at 10 Maroon. The project site is currently developed but is identified for d improvements, including a new (replacement) single-family residence, outdoor d a terrace, gardens and vegetated screening for County Scenic View Protection from 3 m Highway 82 and HOA screening from Maroon Drive. I have reviewed the parcel's — existing conditions, including topography, vegetation, built improvements and the 3 ; proposed site plan. My observations are based on a site visit and technical information made available to me by the consultant team. Current/ Proposed Conditions The subject property was visited on August 19, 2009. The property is not mapped on the Pitkin County adopted Wildfire Hazard Area Maps (1997 Colorado Forest Service). Based on my site visit the majority of the site is considered to be'Low m Hazard' as it is typified by moderate slopes and mesic vegetation. The western N quarter of the parcel is considered to be a'Severe Wildfire Hazard' condition for its t steep slopes and continuous horizontal and vertical fuel paths. 5 0 o The topography found on site are as illustrated on the site survey. Occupying a site above Maroon Creek, slopes are relatively flat for the majority of the parcel. Slopes exceeding 15% and ranging as high as 60%, are found along the western edge of the parcel where the topography slopes continuously down to Pyramid Road and Maroon Creek. Man-made berms, approximately 4 -feet in height, border the north and south property lines from Maroon Drive to the top edge of the western slope. The vegetation found on site is primarily native grasses and Sage. Mature Serviceberry, Gambel Oak and native grasses dominate the steep western slope. Mature irrigated conifer and aspen trees can be found near the existing residence. It is understood that some of these mature trees will be preserved. The man- made berms found along the adjoining north and south property lines are irrigated and densely planted with conifers and aspens for visual screening purposes. The proposed site plan shows the new residence situated near the top edge of the western slope. The steep continuous grades and vertical and horizontal continuity 000069 of down-slope fuel paths associated with this area will require a combination of wildfire hazard mitigation techniques, including the creation of defensible space, and special structural design and construction techniques. General mitigation measures relative to site design and construction are outlined below along with specific techniques for mitigating the 'Severe Wildfire' condition. Overall, the prescribed mitigation measures provide a balance between adequate wildfire mitigation and County and HOA scenic screening requirements. Mitigation Recommendations Defensible Space - Western Slope For the areas situated west and down-slope of new construction the following mitigation requirements shall provide a zone of defensible space, protecting new construction from wildfires, while maintaining a smooth visual transition between the development and the adjacent natural vegetation. From the top edge of the western slope and extending thirty (30) feet down-slope: o Maintain natural and/or irrigated grass at less than six (6) inches and thin existing trees and shrubs into discrete clumps. o Maintain separation between tree and shrub clumps by a distance no less than 2.5 times the height of the mature vegetation. o Tree limbs shall be pruned to one half the height of the tree or ten (10) feet, whichever is less. o Remove all brush, which when mature, will be tall enough to act as ladder fuels to clumps. All branches of existing/ preserved trees that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. o All down-slope deadfall shall be removed. o The property owner shall be responsible for the continued maintenance of the down slope vegetation requirements. c New woody vegetation shall not be planted in this area except for specific Highway 82 Scenic View Protection purposes with the following conditions: o New screening shall be sited along the northern property line on slopes no greater than 15% and no closer than twenty (20) feet to new construction. o Maintain down-slope spacing to trees and shrubs clumps as described above. o All new shrubs or trees are to be irrigated to keep fuel moistures high. Defensible Space - General o Brush, debris and non -ornamental vegetation shall be removed within a minimum fifteen (15) foot perimeter around all structures and the drip line of any preserved trees within this offset. o Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. o All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. o Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. o All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. o 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. o All deadfall up to a one hundred (100) foot perimeter shall be removed. o No new conifer trees shall be planted within ten (10) feet of a residence. o Flammable mulches (wood chips) are not allowed within two (2) feet of the residence. o The property owner shall be responsible for the continued maintenance of the general vegetation requirements. Access o Because the property lies within the Urban Growth Boundary, access roads and driveways shall be built to City of Aspen standards. Standards may be increased based on comment by local fire protection district input for emergency vehicle access. o Conifers are not allowed within fifteen (15) feet of the driveway (except at the Maroon Drive access for visual screening of the garage and residence). o Low vegetation (grasses, ground covers and shrubs) shall be kept mowed to less than six (6) inches within ten (10) feet of either side of the driveway. Water Supply for Fire Safety o The subdivision is supplied with pressurized water through a fire hydrant system. Structural Design Materials and Construction Techniques Due to the close up -hill proximity of the proposed development to the severe wildfire hazard, important structural and construction techniques must be implemented to make the new residence more fire -resistive where it faces or closely adjoins the west slope. Severe wildfire construction techniques and materials shall be implemented for all portions D00071 of the building that fall within a thirty seven (37) foot offset from the top of slope. This calculation assumes: o Average slope (and indirect uphill convective and radiant energy path) of 45% o Roof line of seventeen (17) feet General construction techniques and materials are outlined below along with appropriate recommendations for the `Severe Hazard' condition. Any methods approved for the Severe Wildfire Hazard Areas may be used in other areas. Roofing Standards: Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: o All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. o All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. o Protrusions above the roofline, such as parapets, are prohibited. o All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. Roofing Materials: o New roofs shall be constructed with a minimum Class A roof covering or Class A Assembly as defined by the currently adopted Building Code. o No wood shakes or shingles. Roof Venting: o Soffit venting shall be located in the outer 1/3rd portion of the overhang. o Attic, soffit and other roof venting shall be of non -corrosive metal mesh with maximum 1/4" openings. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: General o Sheath with non-combustible materials, or o Combustible materials underlain with 5/8" Type X gypboard or equal, or o Minimum 4x6 rafters with 2x T&G decking. Severe o One (1) hour rated material or any material underlain by 5/8" Type X gypboard or equal, or o "Type IV" Heavy Timber materials, per the currently adopted building code. o00012 , Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline General: o Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking and 2x railings, or equivalent log construction. Severe: o Construction with noncombustible or one (1) hour rated material, or material with Flame spread <25 (tested to ASTM E84 and listed for exterior use), or o Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypboard or equal (decking as above), or o "Type IV" Heavy Timber materials: joist and beams minimum 6"x10", columns minimum 8"x8", decking minimum 4" in depth, or decking as above; or equivalent log construction, or o Enclose projection vertically to ground with one hour fire resistive materials. Decking as above. Railings Severe: 0 Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials. Exterior of the Structure, Including All Walls Severe: o One (1) hour fire resistive rated materials, or 0 5/8" gypboard underlying combustible materials, or o Cement stucco, minimum 3/4" thickness. o All glazing to be tempered glazing; and 0 Doors to be metal or wood 1 3/4" thick minimum. Foundations Severe: o Foundations, skirting, and crawl space openings shall be fully enclosed and constructed with materials approved for one (1) hour fire -resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the Floor decking or walls. Maintenance and Other Requirements o Roofs and gutters shall be kept clear of debris. o Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (1/4) inch maximum. 000073 UUtj ..- c All Flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. o Weeds and grasses within the ten (10) feet perimeter shall be maintained to a height of not more than six (6) inches. o Fences shall be kept clear of brush and debris. _ o Wood fences shall not connect to other structures. o Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above ground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire resistive construction on the exterior side of the walls. o Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. o Addresses shall be clearly marked with two (2) inch high non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible surface. o All existing woody vegetation that is to be thinned or removed in fulfillment of these wildfire hazard mitigation requirements shall be Flagged for review by County staff prior to removal or thinning. Please call me at 429 7499 if you have any questions and/or comments regarding this letter report or require additional information. You may also reach me via email at dan@bluegreenaspen.com. Thank you for the opportunity to review your property and let me know if I can be of further assistance. Sincerely, Dan McCormick CP0QZ4� Notice: This Wildfire Hazard Mitigation letter report is intended to be advisory only, and to provide assistance to the property owner and consultants in the preparation of defensible space and fire wise planning and design documents. The review of the property's wildfire hazard potential and the observations and recommendations contained within this report does not constitute acceptance of any responsibility by Bluegreen for errors, omissions or discrepancies. The behavior of wildfire is acknowledged to be capricious in nature. Bluegreen does not proclaim that circumstances, including improper maintenance, may not arise that would permit wildfire to overwhelm the mitigation measures recommended or implemented. Observations and recommendations are intended to be collaborative with wildfire hazard mitigation guidelines of the Colorado State Forest Service and of other nationally recognized standards and are intended to be constructive and in support of the owners' interest. n00075 EXISTING PROPOSED VIEW FROM THE INTERSECTION OF MAROON DRIVE AND STATE HIGHWAY 82 000plu ItAnacnmenl e rowland+broughton .mrw. J We.., says J..vvny� .�e.�.�m eye•» sex u... v. �xao TON. tlea ]C.]IN nI]o na N.vnr m]m 1n]1 lI 08 .16.2016 Ki ENVELOPE SVBNrtT 10 MAROON DRIVE 10 MAROON DRIVE ASPEN. CO 81611 PROJECT NO'. 21612 .0 FU 21012 Al ACT .HEFT mLE SCENIC VIEWPLANE PHOTO EXHIBIT 1 SCALEIN T S. A1.Oa EXISTING PROPOSED VIEW FROM THE ABANDONED BRIDGE THAT RUNS PARALLEL TO STATE HIGHWAY 82 OOU07+ 0818.2018 .CTIMi ENVELOPE 8118NIUg 10 MAROON DRIVE 10 MAROON ORNE ASPEN, CO 81811 P.ECT No. 21010 OWOF £ 31.13 , /LT.Gy SnEET Tf1LE SCENIC VIEWPLANE PHOTO EXHIBIT 2 SCALENT. S. A1.Ob rowland+broughton vo o,ent� �. s1a sl.vni ��eozm »asoetnsl 0818.2018 .CTIMi ENVELOPE 8118NIUg 10 MAROON DRIVE 10 MAROON ORNE ASPEN, CO 81811 P.ECT No. 21010 OWOF £ 31.13 , /LT.Gy SnEET Tf1LE SCENIC VIEWPLANE PHOTO EXHIBIT 2 SCALENT. S. A1.Ob ' Attachment 3 r11.A rmr ...mrd at I'M m'c)nc1( T. M. Auyet .s, HSS 4.ant lrn Ma. M1E7 r.AE7 1. Ccnle, r."a-r • C04fNMT plusQA_ TLP iCtNICC r),t This eentrr.•t for water service made t.1ia_C=2_t,L_ day of ti {, 196_Cf by and batuaan the City of AApen, Colorado, �_. h +unlc/wl wrporation acting by W through Its city Cosoc>30 C-7111 ha:eiadur referred to as •City, and of Pitkin County, Colorado, hereinafter " arra;. to As -water gear•, N1T11:dCL:de ;MCPS", the Clly of Aspsa. Colorado, has and maintains various water collection, trmamiasion and distribution facilities for elle perpose of aupplyinq domestic water to the inhabitants of such Cityl and 1,11, tr5, safficiant quantities of water are available to the City to extend Its watr- s*rvlea to areas In the Ticl.'.lty Of :rw City situated outside the City limits of such City and In Vickie County 78a- IIHEM.AS, the City will deliver domeatie •.stcr to the water even outside rt the City limits of "ch City, hmdar writum terms and conditions) and MiLRLA^, the water dear O"it" to ase such demestl.c water apA is agreeable to each end all of the term, and eondittom imposed ,, the City ee water users situated outside the City of Colorado. Cpl, T=LTOa6, for and in eonsiAerstion of the .Jelivery Of water to the voter user, It la agreed an folie", --'1. ',ester user agmen (a) To DAY for all •:•ltor delivered at the rotes "talliahed by ordinanco by City. (b) To pay for costs of tanpinq the water mein.. Ic) To furnish All "teriala, uGullwtnt and labor required fron the point of ism to the point or pointe of use. (d) To pry the coat of any water voter r« irad iy the Citv. (e) To pay the costa of installation of such water motor. (1) To comply with any and nil ordinoncnm, resolutions and rules and regulations edO;lved by the City or the r,ty,o water maneyer, relntinw ee water urea service and rates. tq) At such tame ams the premiwra tr, •`e served by the taps covered in this a,!rCemWhhL art hmcludc.. "itnin the 'x hear/aa of a tract which the City of Aspen 5x1(3 to annex, the applic=t apecifieall^ agrees to cenaent to such Annexation, SVblect M'Y to compliance •+ich the :a141 mquircr nts to annexation e: Barri^AC,' to A mnnicioality. (h) It is end -stood Ly t)w• +ater user that at •ny time that the Lu:lne:: or +4ollinq units served er.*te a o•_•lie health hazard, the City of As^. "ll Srr odiatel-, termist! •racer acute^ to *aid e::m1yC. 0000MUl uu. — Air e '— ar , r 1. it 1a apeciflcally understood and agreed ttat the City r+eenee [he right and privilege of tormiaatimi ester eervlw to the rater o e at " time, and that the sam my be done without cause. t 1. it Is understcod that this agreement shall be binding i upon the applicant himself, his heirs, legatees, devises, his i. personal tepruentetives, and assigns, and that such agraemat ie LL entirety eowtitutee • opvenant tumlag with the land, and for %tom these purpose? •..e land to be versed by the tap is described as i^ follows, Late I Bvcasr It, raetrL or aa/ "Jr Ynee r M Aeaa fe.is C!1b Arss. Executed by the wyor of the City of Aspen, Colo -ado, and attested by the Clerk, over the seal of the City, and asaCored by the water user, the day and year first above wrltton. City of Aspen, Colorado By yx L'rl'OSn y er ^ yJt yBJOfUCLVe LID ��L^•a- "ater Baer Attachment 4 ADMINISTRATIVE DECISION OF THE PITKIN COUNTY, COLORADO, COMMUNITY DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE LARD ACTIVITY ENVELOPE AND SITE PLAN AND GMQS EXEMPTION FOR A TDR RECEIVER SITE Administrative Decision No. Qom --2010 RECITALS Courtney Lord (hereafter referred to as "Applicant") has applied to the Community Development Director of Pitkin County, Colorado ("Director") for Activity Envelope and Site Plan Review to redevelop a single family residence. The Lot is located at 10 Maroon Drive and legally described as Lot 10 of the BOCC approved Aspen Tennis Club Subdivision. It is within the Aspen Urban Growth Boundary (UGB). PIDM: 2735-111-01-002 2. The Lot is approximately 0.9 acres, is in the R-30 zone district, and is conforming in size. 3. The parcel is currently developed with a legal single family residence. No other previous land use approvals apply to the Lot. 4. The Applicant has indicated the intent to apply one TDR to this Lot for a maximum floor area of 8,250 square feet Pursuant to Section 6-30-50(bxl) the Applicant is exempt from Special Review for a TDR Receiver Site because the Lot is located within the Aspen UGB. 5. The Lot is visible from Hwy 82. Staff has conducted a site visit and the residence will not obstruct a ridgeline as viewed from the Highway. The parcel is not mapped within any big game ranges. The Applicant has provided a wildfire report for the Lot which states it is mostly within a low wildfire zone but is considered a severe zone on the western portion due to heavy vegetation and steep slopes. The wildfire report states that thinning must occur on the steep slope to mitigate the hazard. The Applicant has committed to hand thinning to accomplish this. 6. The Applicant's proposed activity envelope encompasses the entire Lot with the exclusion of slopes > 309/6. 7. The Application was referred to the Aspen Fire Protection District, Aspen Tennis Club Caucus, Aspen Tennis Club IIOA, and the CDOW. Comments were received from Toning and the Aspen Fire Protection District. 8. Public notice was published in the paper on November 29, 2010. No comments were received within 30 days. 9. The Director finds that the proposal meets the requirements of activity envelope and site plan review. APPROVED by the Director, subject to the following conditions: The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. No calculations for height, bulk, setback, size, Floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit review. Structures ,:presented in the application might not be permitted under building and zoning regulations. RECEPTION#: 566812, 02/05/2010 at Page r "f; 01:54:57 PM, 1 OF 11. R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO 000080 05-e0 i o 3. At the time of building permit submittal, the Applicant shall surrender a TDR for additional floor area up to 8,250 square feet from a base 5,750 square feet. 4. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 5. No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any external development located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. Approval of a landscape envelope within such setbacks does not assure approval of a variance. 6. The residence shall utilize earth tone colors and non -reflective roofing. 7. Prior to issuance of a building permit application, the Applicant shall: A. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. B. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre. C. If necessary obtain a County access/driveway/tumaround permit acceptable to the Aspen Fire Protection District and County Engineer. D. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. All slopes steeper than 2:1 shall utilize erosion control blankets. E. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. F. Pay the applicable road and employee housing impact fees. G. Obtain necessary permits from EH/NR for septic construction. 8. If retaining walls are used they shall comply with the following standards: A. Retaining walls may be permitted to support steep slopes but should not exceed four (4) feet in height from the finished grade, except for (i) a structure's foundation wall, or (ii) as necessary to construct a driveway from the street to a garage or parking area, or (iii) as otherwise expressly allowed by the land Use Code. B. A retaining wall should not exceed seven (7) feet in height. Retaining walls greater than four (4) feet in height shall be supported by appropriate engineering and reviewed and approved by the County Engineer. C. Terracing should be limited to two (2) tiers. The width of the terrace between any two four (4) foot vertical retaining walls shall be at least three (3) feet. Retaining walls higher than four (4) feet should be separated from any other retaining wall by a minimum of five (5) horizontal feet Terraces created between retaining walls shall be permanently landscaped or revegetated with native vegetation. D. Retaining walls used to support existing road cuts may exceed (a), (b), and (c) of these guidelines. 9. The Applicant shall comply with all recommendations of the Wildfire Expert as outlined in Attachment I including the following conditions: Page 2 of 4 ^ten 'aN081 o5 -zoo A. A minimum water supply of 20,000 gallons shall be provided. Confirmation of the nearest fire hydrant can he provided to mitigate this requirement. B. Thinning of vegetation downslope of the residence pursuant to Attachment I shall be conducted manually without machinery on the slope. 10. The Applicant shall comply with the following general conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelope is prohibited except for wildfire mitigation. B. Mesh or woven wire fences are prohibited. C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. D. Wire fencing must be three (3) strands or less. The top wire should be a twelve -point -five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. E. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. F. Fruit bearing trees and shrubs shall he prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs. G. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. H. Trash/garbage shall be kept in an approved bear resistant container or enclosure. These containers shall be accessible to and use at all times by contractors on site. I. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. 11. No development shall occur outside the approved activity envelope with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved building envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. 12. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the comers of the activity envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 13. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within one growing season of the project's completion. 14. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on February _,2013. 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. Page 3 of X0782 o -zoic PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the Cl I day of J 2010. APPROVED by the Director, this 4�. day of Fr -S 4 �� 2008. Cindy Houben, Community Development Director PIDN 2735-111-01-002 PI 13-09 Page 4 of 4 J00003 U`�-ZU1U ,4 20 October 2009 Courtney Lord 9 Pyramid Drive Aspen, Colorado 81611 RE: 10 Maroon Wildfire Hazard Review Dear Courtney: ATTACHMENT 1 I am pleased to present this wildfire hazard review letter report for the residence at 10 Maroon. The project site is currently developed but Is Identified for improvements, including a new (replacement) single-family residence, outdoor terrace, gardens and vegetated screening for County Scenic View Protection from Highway 82 and HOA screening from Maroon Drive. I have reviewed the parcel's existing conditions, Including topography, vegetation, built Improvements and the proposed site plan. My observations are based on a site visit and technical Information made available to me by the consultant team. Current/ Proposed Conditions The subject property was visited on August 19, 2009. The property Is not mapped on the Pitkin County adopted Wildfire Hazard Area Maps (1997 Colorado Forest Service). Based on my site visit the majority of the site is considered to be 'Low Hazard' as it is typified by moderate slopes and mesic vegetation. The western quarter of the parcel is considered to be a 'Severe Wildfire Hazard' condition for its steep slopes and continuous horizontal and vertical fuel paths. The topography found on site are as illustrated on the site survey. Occupying a site above Maroon Creek, slopes are relatively flat for the majority of the parcel. Slopes exceeding 15% and ranging as high as 60%, are found along the western edge of the parcel where the topography slopes continuously down to Pyramid Road and Maroon Creek. Man-made berms, approximately 4 -feet in height, border the north and south property lines from Maroon Drive to the top edge of the western slope. The vegetation found on site Is primarily native grasses and Sage. Mature Serviceberry, Gambel Oak and native grasses dominate the steep western slope. Mature Irrigated conifer and aspen trees can be found near the existing residence. It is understood that some of these mature trees will be preserved. The man- made berms found along the adjoining north and south property lines are Irrigated and densely planted with conifers and aspens for visual screening purposes. The proposed site plan shows the new residence situated near the top edge of the vvestern slope. The steep continuous grades and vertical and horizontal continuity ^ninne) A 000085. O5- Z.O ICS of down-slope fuel paths associated with this area will require a combination of wildfire hazard mitigation techniques, including the creation of defensible space, and special structural design and construction techniques. General mitigation measures relative to site design and construction are outlined below along with specific techniques for mitigating the 'Severe Wildfire' condition. Overall, the prescribed mitigation measures provide a balance between adequate wildfire mitigation and County and HOA scenic screening requirements. Mitigation Recommendations Defensible Space - Western Slope For the areas situated west and down-slope of new construction the following mitigation requirements shall provide a zone of defensible space, protecting new construction from wildfires,. while maintaining a smooth visual transition between the development and the adjacent natural vegetation. From the top edge of the western slope and extending thirty (30) feet down-slope: c Maintain natural and/or irrigated grass at less than six (6) inches and thin existing trees and shrubs into discrete clumps. o Maintain separation between tree and shrub clumps by a distance no less than 2.5 times the height of the mature vegetation. o Tree limbs shall be pruned to one half the height of the tree or ten (10) feet, whichever is less. o Remove all brush, which when mature, will be tall enough to act as ladder fuels to clumps. o All branches of existing/preserved trees that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. o All down-slope deadfall shall be removed. o The property owner shall be responsible for the continued maintenance of the down slope vegetation requirements. o New woody vegetation shall not be planted in this area except for specific Highway 82 Scenic View Protection purposes with the following conditions: o New screening shall be sited along the northern property line on slopes no greater than 15% and no closer than twenty (20) feet to new construction. o Maintain down-slope spacing to trees and shrubs clumps as described above. o All new shrubs or trees are to be irrigated to keep fuel moistures high. Defensible Soace - General o Brush, debris and non -ornamental vegetation shall be removed within a minimum fifteen (15) foot perimeter around all structures and the drip line of any preserved trees within this offset. 10 maroon wildfire hazard review 20 October 2009 p. Z of 7 U5 -'ZOIC) e Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. o All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. o Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. u All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. c 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. o All deadfall up to a one hundred (100) foot perimeter shall be removed. o No new conifer trees shall be planted within ten (10) feet of a residence. o Flammable mulches (wood chips) are not allowed within two (2) feet of the residence. o The property owner shall be responsible for the continued maintenance of the general vegetation requirements. Access o Because the property lies within the Urban Growth Boundary, access roads and driveways shall be built to City of Aspen standards. Standards may be increased based on comment by local fire protection district input for emergency vehicle access. Conifers are not allowed within fifteen (15) feet of the driveway (except at the Maroon Drive access for visual screening of the garage and residence). o Low vegetation (grasses, ground covers and shrubs) shall be kept mowed to less than six (6) inches within ten (10) feet of either side of the driveway. Water Supply for Fire Safety o The subdivision is supplied with pressurized water through a fire hydrant system. Structural Design. Materials and Construction Techniques Due to the close up -hill proximity of the proposed development to the severe wildfire hazard, important structural and construction techniques must be implemented to make the new residence more fire -resistive where it faces or closely adjoins the west slope. Severe wildfire construction techniques and materials shall be implemented for all portions J 000086 c ,= 05 -2010 of the building that fall within a thirty seven (37) foot offset from the top of slope. This calculation assumes: o Average slope (and indirect uphill convective and radiant energy path) of 45% c Roof line of seventeen (17) feet General construction techniques and materials are outlined below along with appropriate recommendations for the 'Severe Hazard' condition. Any methods approved for the Severe Wildfire Hazard Areas may be used in other areas. Roofing Standards: Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: o All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. c All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. C Protrusions above the roofline, such as parapets, are prohibited. o All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. Roofing Materials: n New roofs shall be constructed with a minimum Class A roof covering or Class A Assembly as defined by the currently adopted Building Code. C No wood shakes or shingles. Roof Venting: o Soffit venting shall be located in the outer 1/3rd portion of the overhang. o Attic, soffit and other roof venting shall be of non -corrosive metal mesh with maximum 1/4" openings. Projections at the Rooffine, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: General C Sheath with non-combustible materials, or c Combustible materials underlain with 5/8" Type X gypboard or equal, or o Minimum 4x6 rafters with 2x T&G decking. Severe o One (1) hour rated material or any material underlain by 5/8" Type X gypboard or equal, or • "Type IV" Heavy Timber materials, per the currently adopted building code. UU.,- 05 - Zoto Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline General: o Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking and 2x railings, or equivalent log construction. Sever : Construction with noncombustible or one (1) hour rated material, or material with flame spread <25 (tested to ASTM E84 and listed for exterior use), or Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypboard or equal (decking as above), or o "Type IV" Heavy Timber materials: joist and beams minimum 6"x10", columns minimum 8"x8", decking minimum 4" in depth, or decking as above; or equivalent log construction, or c Enclose projection vertically to ground with one hour fire resistive materials. Decking as above. Railings Severe: C Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials. Exterior of the Structure, Including All Walls Severe: o One (1) hour fire resistive rated materials, or 0 5/8" gypboard underlying combustible materials, or o Cement stucco, minimum 3/4" thickness. o All glazing to be tempered glazing; and C Doors to be metal or wood 1 3/4" thick minimum. Foundations Severe: o Foundations, skirting, and crawl space openings shall be fully enclosed and constructed with materials approved for one (1) hour fire -resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the Floor decking or walls. Maintenance and Other Requirements o Roofs and gutters shall be kept clear of debris. o Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (1/4) inch maximum. 000083 r US- ZGIO c All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. o Weeds and grasses within the ten (10) feet perimeter shall be maintained to a height of not more than six (6) inches. • Fences shall be kept clear of brush and debris. Wood fences shall not connect to other structures. c Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above ground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire resistive construction on the exterior side of the walls. o Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. Addresses shall be clearly marked with two (2) inch high non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible surface. C All existing woody vegetation that is to be thinned or removed in fulfillment of these wildfire hazard mitigation requirements shall be flagged for review by County staff prior to removal or thinning. Please call me at 429 7499 if you have any questions and/or comments regarding this letter report or require additional information. You may also reach me via email at dan@bluegreenaspen.com. Thank you for the opportunity to review'your property and let me know if i can be of further assistance. Sincerely, Dan McCormick 000089 (5 -ZOto v.. C X0090 J Notice: ' This Wildfire Hazard Mitigation letter report is intended to be advisory only, and to provide assistance to the property owner and consultants in the preparation of defensible space and fire wise planning and design documents. The review of the property's wildfire hazard potential and the observations and recommendations contained within this report does not constitute acceptance of any responsibility by Bluegreen for errors, omissions or discrepancies. The behavior of wildfire is acknowledged to be capricious in nature. Bluegreen does not proclaim that circumstances, including improper maintenance, may not arise that would permit wildfire to overwhelm the mitigation measures recommended or implemented. Observations and recommendations are intended to be collaborative with wildfire hazard mitigation guidelines of the Colorado State Forest Service and of other nationally recognized standards and are intended to be constructive and in support of the owners' interest. p.: C, - POHLAD JAMES O & DONNA M 60 SOUTH 6TH ST #3800 MINNEAPOLIS, MN 55402 HALE RANDALL B 6 TRACY C 2777 ALLEN PKWY #850 HOUSTON, TX 77019 GOODMAN RICHARD C 222 N LA SALLE ST #2000 CHICAGO, IL 60601 000091 N2ZASM LTD 1800 W LOOP S #1875 HOUSTON, TX 77027 JEHOVAHS WITNESSES ASPEN PO BOX 3849 ASPEN, CO 81612 MOCHEN STRATA LLC 2727 KIRBY #29K HOUSTON, TX 77098 Attachment 5 PECKHAM DOUGLAS ARTHUR 1345 LEXINGTON AVE PMB 355 NEW YORK, NY 10128 PYRAMID VIEW SUB OWNERS COMMON AREA PYRAMID RD ASPEN, CO 81611 BACHARACH JANE TRUST 10960 WILSHIRE BLVD 5TH FL LOS ANGELES, CA 90024 Attachment 6 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and Matt and Anna Freedman (hereinafter "APPLICANT") AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for 10 Maroon Drive (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 008-2008 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 the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ 3,744 which is based on 12 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director 000094 ("APPLICANT") By: 44 II — H,&1ZKc NA'rtDFH l�ow�A►>>+�i2ouq►{(o,i Print Name and Title (it applicable) pate: 0 0 AG I (o 'Mailing Address: 23gi -;467>o<iris vE. g - o. 9 /pfl MISCELLANEOUS DOCUMENTS aspen 234 a hopkins ave, aspen co 81611 + t 970 544 9006 denver 1830 blake st, ste 200, denver co 80202 + t 303 308 1373 visit w ,rowlandbroughton com rowland+broughton architecture / urban design / mtenor design TRANSMITTAL Project: 27 Maroon Drive Subject: Affidavit of Notice and Mailing Date: 7 October 2016 To: Mike Kraemer From: Bryan May, AIA Via: Hand Delivery Attachments: See Below If you do not receive all attachments listed above please call immediately. Mike, Enclosed is the affidavit of notice and mailing for the 27 Maroon Drive Activity Envelope application. Thank you and please be in touch with any questions! Bryan Pitkin County OCT 0 7 2016 Community Development f /' � Page 1 of t County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-100 I, Bryan May of Rowland + Broughton Architecture, 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 September 1, 2016 (which is 30 days prior to the deadline of October 3, 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 September 2, 2016, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. �IN alM LA" Applicants name Signature Signed before me this 7 day of 201 by WITNESS MY HAND AND OFFICIAL SEAL My rnmmiccinn exnires• Ze�> Notary Public I�t2Kn>!y E �ARiI y Z&g0e_i Notary Public's Signature in County OCT 07 2016 aCommunity Development 0 1 PUBLIC NOTICE PURPOSE been submitted by 10 Maroon Drive Basalt' CO 816 21) requesting Activity * An application has of an 10 PO Box Site p olitiru • view ! LLG ( re for e d Site Plan construction of a t residence and erty is located a • Envelope an le family The prof 10, existing sing residence. cribed as I.or new single family and is legally del arcel 11tnp1 pot. II 7 MarpOn Subdivision. n 273`r the Y Number for the Prop city ublic inspection �ramid View aliment, tion available for P en1 pep Ident'" . is munity DeveloPnr 1 application Spell, Cp 8161 The titin 'OuntGalena st., A Hs 11, 130 .. S% rho BjECt�� Providedm'or,l3e GoMMEN� r ObjectY .00101 8 6111910,920 - Co 1` 9709 o-5526bY u O Any eOGountY street, tree , Aspen, c Pitkin Galena ate. SOLA following d the {Otl 9)ATE17,06 G0Ntp�T: OctOberFUR�NER 9NF,02 FQR roamer at 0%TU1 M CUOrill T'9 Clarification of Maroon Dr Address 2 messages Kristi Long <kristi.long@pitkincounty.com> To: Alex Durant <alex.durant@pitkincounty.com> Cc: Michael Kraemer <michael.kraemer@pitkincounty.com> Hi Alex, Michael Kraemer <michael.kraemer@pitkincounty.com> Thu, Aug 18, 2016 at 10:56 AM Can you please confirm a correct address for me on Maroon Drive? We had a planning application submittal, but I'm getting two different addresses for this parcel number.... no CDU that I can find. The parcel number is 2735-111-01-002. On the Assessor's web page, it gives an address of 10 Maroon Drive. In our Eden system, I get 27 Maroon Drive. On the County GIS website, I initially get 10 Maroon Drive, but when I click on parcel overlay, it shows 27 Maroon Drive. If you can help me with this, I would really appreciate it. Time is somewhat of the essence since this is a planning application. Thank you, Krish Long Front Desk/Adndnistrative Assistant Pitkin County Community Development 130 South Galena St, 3rd Floor Aspen, CO 81611 Phone: 970-9205092 Knsti.Long@prikincou nty.com Alex Durant <alex.durant@pitkincounty.com> Thu, Aug 18, 2016 at 11:35 AM To: Kristi Long <kdsti.long@pitkincounty.com> Cc: Michael Kraemer<michael.kraemer@pitkincounty.com> Hi Kristi and Mike, After investigating 10127 Maroon Dr, I have determined that the proper address for this property is 27 Maroon Dr. This was updated from 10 Maroon Dr in April of 2010 by Community Development and seemingly was not properly updated in all of the address databases. I have reached out the Applicant informing them that 27 needs to be used moving forward, and will be issuing a formal Address Verification later today to ensure that everyone will be using the proper address moving forward. Let me know if there are any questions. Alex 0CIKIN Alex Durant oaNT4 Public Safety GIS Analyst, Pitkin County Government I BITS Phone: 97o.429.6113 (0) // 970.309.1783 (C) crocurwC wrowerwa srsrew Email: alex.durant@pitkincounty.com Address: 53o E. Main SL, Garden Level, Aspen, CO 81611 Please note: We are moving our offices to 123 Emma Road #io6, Basalt during the week of August 22 - 26. [Quoted text hidden] PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on November 16, 2016, the Pitkin County Community Development Director granted approval for the 10 Maroon Drive LLC Activity Envelope and Site Plan Review with Vesting (Case P063-16; Deter. #089-2016). The property is located at 27 Maroon Drive and is legally described as Lot 10, Pyramid View Subdivision. The State Parcel Identification Number for the property is 2735-111-01-002. 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 DECEMBER 1, 2016. lox/ Ii1103 0 colaill I [tt1 � RE: 10 Maroon Drive LLC Activity Envelope and Site Plan Review with Vesting (Case P063-16) NOTICE IS HEREBY GIVEN that an application has been submitted by 10 Maroon Drive LLC (PO Box 4260 Basalt, CO 8162 1) requesting Activity Envelope and Site Plan review for demolition of an existing single family residence and construction of a new single family residence. The property is located at 27 Maroon Drive and is legally described as Lot 10, Pyramid View Subdivision. The State Parcel Identification Number for the property is 2735-111-01-002. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. Comments or objections are due by October 3, 2016. For further information, contact Mike Kraemer at (970) 920-5482. Published in the Aspen Times Weekly on September 1, 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 October 3, 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. http://t)itkincompty.com/DocumentCenterNiew/ 10244 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 August 23, 2016 Bryan May 117 South Monarch Street Aspen, CO 81611 bmay@rowlandbroughton.com Re: 10 Maroon Drive LLC Activity Envelope and Site Plan Review with Vesting (PID #2735-111-01-002; Case # P063-16) Dear Mr. May: 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 September 1, 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 3`d day of October, 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 16th day of September, 2016, which is at least fifteen (15) days prior to October 1, 2016. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Shiles Administrative Assistant Encl: Affidavit Code Section 2-20-100 PITIQNN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX4 (970) 920-5439 MEMORANDUM To: Aspen Fire Protection Department Colorado Parks and Wildlife Tennis Club Caucus Pyramid View Homeowners Association City of Aspen Water Department FROM: Mike Kraemer, Community Development Department Michael.kraemerngpitkincounty.com Re: 10 Maroon Drive LLC Activity Envelope and Site Plan Review with Vesting (PID 2735-111-01-002; Case P063-16) DATE: August 23, 2016 Attached for your review and comments are materials for an application submitted by 10 Maroon Drive LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Monday, October 3, 2016. httD://Ditkincountv.com/DocumentCenterNiew/10244 If you require a paper copy of this application contact Bonnie Shiles at bonnie.shiles@pitkincounty.com or 920-5109. Thank you. Thank you, Bonviie Shiles Administrative Assistant to Planning And Zoning Pitkin County Community Development 130 South Galena St, 3rd Floor Aspen, CO 81611 Phone: 970-920-5109 Bonnie.Shiles@pitkincounty.com Forwarded message From: Mike Horvath <mike.horvath@cityofaspen. com> Date: Tue, Sep 27, 2016 at 7:46 AM Subject: 27 Maroon Dr To: "bonnie.waechtler@pitkincounty.com" <bonnie.waechtler@pitkincounty.com> Cc: Hailey Guglielmo<hailey.guglielmo@cityofaspen.com> Bonnie, Below are the comments for the proposed development at 27 Maroon Dr.: 1. With the proposed additional square footage, utility upgrades will be necessary. The water service line will have to be upsized most likely. A plan showing all utility upgrades will be required at building permit and reviewed through the City utility review of County building permits. 2. Fire calculations will be required at building permit in order verify necessity of water service line. 3. Electrical service/capacity will also need to be addressed at building permit Thanks for giving us the opportunity to comment on the project at this stage. Please let me know if you need anything more from us moving forward. Thanks. Michael Horvath Civil Engineer II Engineering Department City of Aspen mike. horvath(a) citvofasoen.com Ph: (970) 429-2776 <rF I COLORADO Ae. Parks and Wildlife Department of Natural Resources Glenwood springs Area Office 0088 Wildlife way Glenwood springs, CO 81601 August 31, 2016 Mike Kraemer Community Development Department 130 South Galens St. Aspen, CO. 81611 RE: 27 Maroon Drive LLC Activity Envelope and Site Plan Review with Vesting (PID 2735- 111-01-002; Case P063-16) Dear Mike, Colorado Parks and Wildlife (CPW) has reviewed the proposed Activity Envelope and Site Plan with Scenic Review for 27 Maroon Drive. The applicant is proposing to obtain Site Plan and Scenic Review approval for construction of a 8,179 sq. ft. single family home in place of the existing 1,541 sq. ft. home. Based on CPW's Species Activity Maps (SAM), CPW feels that this residence will not have any direct effects on threatened, endangered, or other wildlife. CPW stresses that the applicant adhere to all other Pitkin County land use code requirements that relate to wildlife, specifically black bears. Important measures include: 1. Install round -handled door knobs on all exterior doorways. 2. Prohibit all berry, nut, and fruit producing trees or shrubs for landscaping. 3. Use only bear -proof dumpsters and store trash securely until morning of pickup. 4. During construction all food trash must be stored in a bear -proof container or taken off site at each day's end. 5. Contractors should not be allowed to take dogs on-site during construction; after construction all dogs must either be kenneled or leashed. Colorado Parks and Wildlife appreciates the opportunity to comment on this project. If there are any questions or needs for additional information, don't hesitate to contact Land Use Specialist, Taylor Elm, at (970) 947-2971 or District Wildlife Manager, Kurtis Tesch, at (970)948-1662. Sincerely, rry Will rea Wildlife Manager Cc. Kurtis Tesch, District Wildlife Manager Taylor Elm, Land Use Specialist File .°` Bob O. IiRsleW Diecmr. Cotraib PaYraiW W�Wfik•PahaaM WiWfla Cammmn ROR+fW BraysClru C¢uiLan mIc Seny.we Hv,e � ^� Bill Karc.Ch*-Gasrw P&,k e. Wk Rid -hr sRftl•lart Vigil -D= Wam&Td- MiMeh Lmm -Alex Till .,,. • \b_ lel PITKIN OUNTY COMMUNITY DEVELOMENT Permit Receipt RECEIPT NUMBER 00040938 Name: ROWLAND & BROUGHTON Date:8/18/2016 Project Address: 27 MAROON DR Type: check # 34445 Permit Number Fee Description Amount 0063.2016.PLAN PP- Public Notice Fee 54.00 Total: 54.00 PITKIN AUNTY COMMUNITY DEVEL6PMENT Permit Receipt RECEIPT NUMBER 00040937 Name: MJF ASSOCIATES LLC Date: 8/18/2016 Project Address: 27 MAROON DR Type: check # 1428 Permit Number Fee Description Amount 0063.2016.PLAN PP- Flat Fee 3,744.00 Total: 3,744.00 PLATS 27 MAROON DRIVE 10 MAROON DRIVE LLC ACTIVITY e^rp^HCOUNTY I COLORADO ENVELOPE 8 SITE PLAN REVIEW 241'-0 7/8" EXISTING TREES TO REMAIN LOT 11 DRIVEWAY Y o TONE k D WALKWAY 7900 GUEST RKIP V INTERIOR \ 7901 7899, 198'-7 7/16" LOW PLANTER KEY - 0% TO 15% SLOPE 25' PYRAMID ROAD EASEMENT (VOTE: 3,375 SF ALL DEVELOPMENT WITHIN SETBACKS TO BE WITHIN 3Q' OF GRADE -15% TO 30% SLOPE -, 30% TO 45% SLOPE - 45% AND UP SLOPE r7� ACTIVITY ENVELOPE AND SITE PLAN A1.0 ACT SCALE: 1 "=20' PLAN TRUE NORTH NORTH LOT 10 7898 MEM 30' -0 - SETBACK F-11 1i o +- \IVYV���/�n11\4 PROPS LINE ACTIVITY ENVELOPE 25' MAROON DRIVE EASEMENT 3,625 SF EXISTING TREES TO REMAIN �wlI a O 25'-0" VICINITY MAP LEGAL DESCRIPTION SUBDIVISION: ASPEN TENNIS CLUB LOT:10 DISCLAIMER ENVIRONMENTAL HAZARD AREAS EXIST THAT MIGHT AFFECT THE PROPERTY, ANY IMPROVEMENTS AND OCCUPANCY THEREOF. 10 MAROON DRIVE, LLC PO BOX 4260 BASALT, CO 81621 MATT FREEDMAN - AUTHORIZED REPRESENTATIVE ROWLAND + BROUGHTON ARCHITECTURE AND URBAN DESIGN 234 E. HOPKINS AVE. ASPEN, CO 81611 COMMUNITY DEVELOPMENT APPROVAL THIS ADMINISTRATIVE ACTIVITY ENVELOPE PLAN HAS BEEN REVIEWED AND APP OVED BY THE D RECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT ON THIS DAY OF DETERMINATION NAPPROO. V.*CORDEDNRS IS SUBJECT TO THE TERMS ANDN THND;TIONS OF A COUNTY CLERK AND RECORDERS OFFICE. -- I S PT i F--PIT 4, 614// CIND(,HOUBEN - PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR )3 Nr11t al 90 SE * P 3-% ACCEPTANCE FOR RECORDING THIS PLAT HAS BEEN ACCEPTED FOR FILI G IN THE OF ICE OF THE CLERK AND RECORDER OF PITKJ-,OUNTY, COLORADO ON T IS D[�Y OF eG 2016 IN PLAT BOOK I'ia AT PAGE AS RECEPTION NO. (p —0 aAA��, JANIS VOS CAUDILL - PITKIN COUNTY CLERK & RECORDER De -Pu,+`/ - t9bJ-,r 1 CJ 0. 1J 0.d U vi RECEPTION#: 634436, 1210712016 at 01:51:55 PIVD, 1 OF 2, R $21.00 Janice K.. Vos Caudill, Pitkin County, CO PLAT BK 116 PG 87 SEAL :p.� _. . rowland+broughton architecture / urban design / interior design 234 a hopkins ave 1830 blake st, ste 200 aspen, co 81611 denver, co 80202 970.544.9006 o 303.308.1373 o 970.544.3473 f 303.308.1375 f Consultants Issue: 08.16.2016 ACTIVITY ENVELOPE SUBMITTAL I&IM66?B � AT9 27 MAROON DRIVE ASPEN, CO 81611 PROJECT NO: 21612 DWG FILE: 21612 A1-0_ACT.dwg SHEET TITLE ACTIVITY ENVELOPE AND SITE PLAN SCALE: 1" = 20' Al .0 ACT COPYRIGHT 2018 ROWLAND*BROUGHTON ARCHITECTURE AND URBAN DESIGN THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO. 27 MAROON DRIVE 10 MAROON DRIVE LLC ACTIVITY PITECIN COUNTY (COL0R4D0 PARCEL ID # 2735-111-01-002 ENVELOPE & SITE PLAN REVIEW `PER BLUEGREEN 10 MAROON WILDFIRE HAZARD REVIEW REPORT - EXISTING TREES OCT 20, 2009: ALL PROJECTIONS AND EXTERIOR VERTICAL SURFACES TO REMAIN WITHIN 3T-0" ACTIVITY ENVELOPE SETBACK TO RECEIVE 5/8" TYPE X o- LOT 11 DENSGLASS SHEATHING (OR SIM.) FOR FIRE PROTECTION 241'-0 7/8" Z7 P OP RTY!LINI` IVITY N ° e + 30" SITE WALL : o00 000 S TRACK LAP POOL / „ 1 HOUSE D-4o� v P TIO m b ' P LOT 10 \ ) F rl ♦ I I ;'/ + 6 I 1 1'FE�`. y11 i ♦ 1 1 CO LIJ 7899 I E= o W / I / DRIVEWAY m I I I �. a000\� 1 TONE P7� D WALKWAY o ' + ° 7900 GUEST P RKING 5'INTERIOR -- — — --- -- — +— 1 7901 0 7899 PROPE LINE 198'-7 7/16" ACTIVITY ENVELOPE LOW PLANTERF KEY 0% TO 15% SLOPE 25' PYRAMID ROAD EASEMENT NOTE. 0 Exiating Evergreens Trans 3,375 SF ALL DEVELOPMENT W/THIN SETBACKS TO BE WiTHtN 30' OF GRADE - 15% TO 30% SLOPE 0 Exisfing Deciduous Tree 30% TO 45% SLOPE Propowd Evergreens Frees ® - 45% AND UP SLOPE Propowd Da,6 ovs Trees -to 1 ACTIVITY ENVELOPE AND SITE PLAN A1.0_ACT SCALE: 1 "=20' PLAN TRUE NORTH NORTH P 30'-0" EXISTING TREES TO REMAIN �) O O 25'-0" VICINITY MAP Sd�� 2 6,1, rowland+broughton architecture / urban design / interior design 234 a hopkins ave 1830 blake st, ste 200 aspen, co 81611 denver, co 80202 970.544.9006 o 303.308.1373 o 970.544.3473 f 303.308.1375 f Consultants Issue: 08.16.2016 ACTIVITY ENVELOPE SUBMITTAL eTWI URVA 27 MAROON DRIVE ASPEN, CO 81611 PROJECT NO: 21612 DWG FILE: 21612_Al-0_ACT-2.dwg SHEET TITLE ACTIVITY ENVELOPE AND SITE PLAN SCALE: 1" = 20' Al 0 ACT COPYRIGHT 2016 ROWLAND-BROUGHTON ARCHITECTURE AND URBAN DESIGN THE INFORMATION AND DESIGN INTENT CONTAINED ON THIS DOCUMENT IS THE PROPERTY OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN. NO PART OF THIS INFORMATION MAY BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN, ROWLAND+BROUGHTON ARCHITECTURE AND URBAN DESIGN SHALL RETAIN ALL COMMON LAW STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING COPYRIGHT THERETO.