HomeMy WebLinkAbout09 1st Reading Doremus Packet MEMORANDUM
TO: Board of County Commissioners
Regular Meeting—February 8, 2017
THRU: Cindy Houben, Community Development Director
FROM: Tami Kochen,Planner
RE: Doremus Subdivision Conceptual Submission,Planned Unit Development(PUD),and
Activity Envelope Review
SUMMARY: The Applicant is requesting conceptual subdivision approval to subdivide the property into
two lots,to rezone the subdivision with a PUD overlay in order to vary setbacks,lot size,and preserve open
space,and to establish an Activity Envelope on the new lot(lot 2),and amend the Activity Envelope on the
original lot(lot 1). The BOCC granted a growth management allotment of 5,750 square feet of gross floor
area for a single family residence on the newly subdivided lot(lot 2),pursuant to Resolution No. -2017
(approved January 11th,2017).
The Planning Commission reviewed the application on December 13,2016,and recommended approval
by a vote of 5-0. The staff memo to the Commission,which fully addresses the review criteria,and the
minutes from the meeting,are attached for reference. Only specific issues raised by staff,the Planning
Commission or the Applicant are addressed below.
To legalize an existing,un-permitted carport,the Applicant has submitted an application to the 2017 GMQS
competition requesting a growth management allotment of 800 square feet of additional floor area on Lot 1.
They are also requesting a GMQS exemption to legalize an existing un-permitted 128 square foot
greenhouse.
APPLICANTS: Andrew and Jeanne Doremus
REPRESENTATIVE: Glenn Horn
LOCATION: 85 Glen Garry Drive; Block 1, Lot 15 of the Aspen Highlands Subdivision,plus the
Baldwin Tract;within the Urban Growth Boundary
ZONING/LOT SIZE: The property is zoned R-30 and contains 2.35 acres.
PLANNING COMMISSION RECOMMENDATION: Staff and the Planning Commission
recommend that the BOCC adopt the following motions:
1. Approve the Resolution Approving the Doremus Subdivision Conceptual Submission,PUD, and
Activity Envelope Review on first reading and set for second reading on March 8,2017.
2. Approve the Ordinance Rezoning the Doremus property with a PUD overlay on first reading and
set for second reading on March 8,2017.
ATTACHMENTS
A. 12/13/2016 Planning Commission meeting minutes
B. 12/13/2016 Staff Memo to Planning Commission(with attachments)
Application and site plans provided separately
2
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,REZONING THE DOREMUS PROPERTY WITH A PLANNED UNIT
DEVELOPMENT(PUD) OVERLAY
ORDINANCE NO. -2017
RECITALS:
1. Andrew and Jeanne Doremus(hereafter"Applicant")has applied to the Board of County
Commissioners of Pitkin County,Colorado("BOCC")to rezone the property with a Planned Unit
Development(PUD)overlay.
2. The property is located at 85 Glen Garry Drive and is described as Block 1,Lot 15 of the Aspen
Highlands Subdivision,plus the Baldwin Tract. The State Parcel Identification for the property
is 2735-142-01-007.
3. The property is zoned R-30 and contains 2.35 acres.
4. The Pitkin County Planning and Zoning Commission considered the proposed rezoning at regularly
scheduled meeting on December 13th,2017 and recommended approval by a vote of 5-0.
5. The BOCC considered the proposed rezoning on first reading at a duly noticed public hearing on
February 8th,2017 and on second reading at a regular meeting on March 8th,2017.
6. The BOCC finds that the proposed land is eligible for the PUD overlay designation,pursuant to
Sec. 3-70-30(c)of the Land Use Code as it will protect desirable open space in the Urban Area.
7. The BOCC further finds that the rezoning of the property with a PUD overlay will not increase
density and will preserve scenic quality.
8. The BOCC further finds that the rezoning is consistent with Secs.2-30-40(i)and 2-40-10(c)(2)of
the Pitkin County Land Use Code.
NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of Pitkin County,
Colorado that it hereby rezones the Doremus property with a PUD overlay, and authorizes the Chair to
sign the Ordinance and upon the satisfaction of the County Attorney as to form, execute any other
associated documents necessary to complete this matter.
Ordinance No. -2017
Page 2
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE
PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF ,2017.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE
OFFICIAL PITKIN COUNTY WEBSITE(www.pitkincounty.com) ON THE DAY OF
,2017.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING ON THE 8TH DAY OF FEBRUARY,
2017.
ADOPTED AFTER FINAL READING ON THE 8TH DAY OF MARCH,2017.
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION,IN THE ASPEN TIMES
WEEKLY ON THE DAY OF ,2017.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE
(www.pitkincounty.com)ON THE DAY OF , 2017.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
By
ATTEST: George Newman,Chair
Date
Jeanette Jones,Clerk to the BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely,County Attorney Cindy Houben,
Community Development Director
P066-16
273514201007
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO APPROVING THE DOREMUS SUBDIVISION CONCEPTUAL SUBMISSION,
ACTIVITY ENVELOPE REVIEW,AND PLANNED UNIT DEVELOPMENT (PUD)
Resolution No. -2017
RECITALS
1. Andrew and Jeanne Doremus(hereafter"Applicant")have applied to the Board of County
Commissioners of Pitkin County,Colorado("BOCC")to request Subdivision Conceptual Submission
to subdivide the property into two lots,Planned Unit Development(PUD)approval in order to vary
setbacks,lot size,and preserve open space,and Activity Envelope Review to establish an Activity
Envelope on the new lot(lot 2)and amend the Activity Envelope on the original lot(lot 1).
2. The property is located at 85 Glen Garry Drive and is described as Block 1,Lot 15 of the Aspen
Highlands Subdivision,plus the Baldwin Tract.
3. The lot is zoned R-30 and contains 2.35 acres,and is located within the Urban Growth Boundary.
4. The BOCC approved rezoning the Doremus property with a PUD overlay,pursuant to Ordinance No.
-2017.
5. The BOCC granted a growth management allotment of 5,750 square feet of gross floor area for a single
family residence on the newly subdivided lot(lot 2),pursuant to Resolution No. -2017.
6. The Pitkin County Planning and Zoning Commission considered the proposed application at a regularly
scheduled meeting on December 13,2017,and recommended approval by a vote of 5-0.
7. The BOCC considered the proposed application on first reading at a duly noticed public hearing on
February 8th,2017 and on second reading at a regular meeting on March 8th,2017.
8. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County
Land Use Code as follows:
A. The activity envelopes avoid all slopes in excess of 30%.
B. The wildfire hazard is rated as low, and can be mitigated.
C. The lot does not contain mapped or otherwise known wildlife habitat areas protected by the Land
Use Code.
D. The general layout of the lots, driveways, and structures within the proposed subdivision/PUD is
designed in a way that minimizes the amount of land disturbance,maximizes the amount of open
space in the development,preserves existing trees/vegetation, and otherwise accomplishes the
purposes and intent of the Land Use Code.
E. The Subdivision/PUD is consistent with the Aspen Area Community Plan and the scale of
surrounding development.
F. The proposed Subdivision/PUD provides areas for common usable open space and preserves
more open lands in their natural state than would be required by the underlying zone district.
G. The proposed Subdivision/PUD will not result in significant adverse impacts on adjacent
properties, or the natural environment. The applicant has conunitted to an architectural review
by Pitkin County at Site Plan Review.
Resolution No. -2017
Page 2
H. No road improvements will be required as a result of the subdivision. Current infrastructure
exists to serve the new lot and has the capacity to serve the lot.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Pitkin County,
Colorado that it hereby approves the Doremus Subdivision/PUD Conceptual Submission and Activity
Envelopes, subject to the following conditions,which shall run with the land and be binding on all
successors in interest, and authorizes the Chair to sign the Resolution and upon the satisfaction of the
County Attorney as to form, execute any other associated documents necessary to complete this matter:
1. The Applicants shall adhere to all material representations made during the application process or in
public meetings or hearings and shall consider those representations to be conditions of approval.
2. Prior to Detailed Submission/Final Plat application,the Applicant shall:
A. Obtain the necessary approvals and permits for the carport and greenhouse on Lot 1 or remove
the structures.
3. With the Detailed Submission/Final Plat application,the Applicant shall:
A. Provide a draft a covenant restricting the Subdivision/PUD against further subdivision.
B. Submit will serve letters from utility companies.
C. Provide a draft PUD agreement which shall include the specific uses and activities to be allowed
on the Open Space Parcel. The agreement shall also guarantee that the Open Space Parcel shall
be protected from future development,be available for use by residents of the subdivision, and
shall include provisions for maintenance of the Open Space Parcel.
D. Establish an Activity Envelope on Lot 1 encompassing existing development.
4. The following shall be delineated on the Final Plat:
A. A driveway easement across Lot 2 to benefit Lot 1.
B. A pedestrian easement across Lot 1 to the benefit of Lot 2 to access the Open Space.
5. Concurrent with recordation of the Final Plat,the Applicant shall record:
A. An Activity Envelope Plan for Lot 1 and Lot 2 in accordance with Land Use Code Section 2-30-
20(g)and Application Manual Section 2.1.1. The Activity Envelope Plans shall first be submitted
for approval by the County Attorney and Community Development. The above referenced
approvals shall be a condition precedent to finalization and recordation.
B. A PUD Agreement
6. Prior to submission of any building or other development permit applications for Lot 1 or Lot 2,the
Applicant shall be required to submit for approval an application for Site Plan Review,pursuant to
Secs. 2-30-20 and 7-10-50 of the Code. In addition to the standard requirements for Site Plan
Review,the Applicant shall submit architectural plans or models for the development on Lot 2,or the
redevelopment of Lot 1 to complete an architectural review pursuant to Sec. 3-70-30(j).
7. Prior to submission of any building permit applications,the Applicant shall:
A. Obtain a tap permit and pay the applicable fees to the Aspen Consolidated Sanitation District.
B. Obtain a tap permit and pay the applicable fees to the Aspen Water Department.
Resolution No. -2017
Page 3
8. With the building permit application for Lot 2,the Applicant shall:
A. Submit an access permit for any improvements to the driveway on Lot 2,which shall be
approved by the Planning Engineer and the Community Development Department.
B. Submit a fireplace/woodstove permit from the Community Development Department, if
necessary.
C. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or
geologist for review and approval by the Planning Engineer.
D. Submit a construction management plan for review and approval by the Planning Engineer.
E. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes and a tree
mitigation plan.
9. Prior to issuance of any building permits for Lot 2,the Applicant shall:
A. Pay the applicable road and employee housing impact fees.
B. Make a cash payment in lieu of dedicating land to the Aspen School District. Calculation of the
payment shall be based on the regulations in effect at the time of building permit issuance.
C. Make a cash payment in lieu of dedicating land to the County for parks/recreation/open space.
Calculation of the payment shall be based on the regulations in effect at the time of building permit
issuance.
D. Make a cash payment of$5,000 to the Aspen School District for transportation planning and related
traffic issues.
E. Make a cash payment of$15,000 to the Aspen Fire Protection District to assist them in attaining a
side-by-side UTV.
F. Make a cash payment of$8,000 to the City of Aspen Parks Department for improvements to the
Government Trail and Bridge.
10. Lot 1 is approved to develop up to 8,171 square feet of gross floor area of which 5,750 square feet is
exempt from growth management. The use and approval of transferable development rights (TDRs)
or growth management allocations to exceed 8,171 square feet of gross floor area on the property is
strictly prohibited.
11. Lot 2 is approved to develop up to 5,750 square feet of gross floor area. The use and approval of
transferable development rights(TDRs)or growth management allocations to exceed 5,750 square feet
of gross floor area on the property is strictly prohibited.
12. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard
Area:
A. Defensible space: The area around all buildings/structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows(note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions):
1) Brush, debris and non-ornamental vegetation shall be removed within a minimum ten-foot
(10')perimeter around all structures.
Resolution No. -2017
Page 4
2) All branches from trees and brush within 30 feet of all structures(or to the property line)
shall be pruned to a height of ten(10) feet above the ground with removal of ladder fuels
from around trees and brush.
3) Tree crown separation for coniferous trees shall be at least 10'. Tree crowns for aspen may
touch and interconnect, as long as ladder fuels have been removed from beneath trees.
4) Flammable mulches are not allowed within 2' of all structures. Aspen trees shall be at least
10' from the house.
5) Up to 5 evergreen trees are allowed within 30' of all structures,but should be limbed to 10'
and shall not have any flammable fuels underneath the trees. These trees shall be separated
by at least 20',unless clumped together(no more than 3 trees in a clump)in which case the
clump shall be separated by at least 30' from another clump or individual tree.
6) No trees shall be within 15' of any window.
7) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen
(15)feet of chimneys shall be removed.
8) All deadfall up to a one hundred(100) foot perimeter or the property line shall be removed.
9) The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted
Building Code. No wood shakes or shingles. All other adopted Building Code compliant
methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they
comply with the following:
1) All roof coverings shall be constructed of non-combustible materials and installed on a Class
A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
3) Protrusions above the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
C. Maintenance and Miscellaneous Requirements
1) Roofs and gutters shall be kept clear of debris.
2) Roof vents shall be screened with corrosive resistant wire mesh,with mesh one-fourth(1/4)
inch maximum.
3) Any outbuilding shall adhere to the same wildfire requirements.
4) Yards shall be kept clear of all litter, slash and flammable debris.
5) All flammable materials shall be stored on a parallel contour a minimum of fifteen(15) feet
away from any structure.
6) Weeds and grasses within the ten(10)foot perimeter shall be maintained to a height not
more than six(6)inches.
7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen(15) feet
away from the structure.
8) Swimming pools and ponds shall be accessible by the local fire district.
9) Fences shall be kept clear of brush and debris.
10) Wood fences shall not connect to other structures.
Resolution No. -2017
Page 5
11) Fuel tanks shall be installed underground with an approved container.
12) 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.
13) Each structure shall have a minimum of one ten(10)pound ABC fire extinguisher.
14) 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.
15) Utilities shall be extended underground.
13. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection
District,including but not limited to access,turning around of fire apparatus,and installation of an
approved fire sprinkler system.
14. Trash/garbage shall be kept in an approved bear resistant container or enclosure,pursuant to the
County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to
issuance of a certificate of occupancy.
15. No development including grading,excavation,fill placement,berming, landscaping, or vegetation
removal or disturbance, shall occur outside of the approved activity envelope, except as necessary to
comply with the wildfire mitigation measures described above.
16. Prior to commencement of any earthmoving or other construction activity,the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
17. No calculations for height,bulk, setback,size,floor area,or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
18. 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.
Resolution No. -2017
Page 6
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 26th DAY OF
JANUARY, 2017.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE
DAY OF 2017.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING ON THE 8th DAY OF
FEBRUARY, 2017 AND SET FOR SECOND READING ON THE 8th DAY OF MARCH 2017.
ADOPTED AFTER FINAL READING ON THE DAY OF 2017.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE DAY OF , 2017.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE DAY OF 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By By:
Jeanette Jones George Newman, Chair
Deputy County Clerk
Date:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, County Attorney Cindy Houben, Community Development Director
P066-16
PID 273514201007
ATTACHMENT A
PITKIN COUNTY PLANNING AND ZONING COMMISSION SPECIAL MEETING
Tuesday, December 20, 2016
Plaza One Conference Room
530 East Main Street
Aspen, CO
Commissioners Present: Staff Present:
Monty Thompson Suzanne Wolff
James VeShancey Mike Kraemer
Zachary Matthews Tami Kochen
Jeff Conklin
Michael Edinger
I. CALL TO ORDER: Chair James VeShancey called the Planning and Zoning Commission
meeting to order at 5:00 P.M.
II. COMMENTS:
III. NEW BUSINESS:
1. DOREMUS ACTIVITY ENVELOPE REVIEW, CONCEPTUAL SUBDIVISION
REVIEW, GMOS,PLANNED UNIT DEVELOPMENT(PUD)REVIEW,AND
REZONING TO PUD
STAFF RESPONSIBLE: TAMI KOCHEN
> Applicant: Andrew and Jeanne Doremus
> Applicant's Representatives: Davis Horn Inc.
Summary of Request: The Applicant is requesting a growth management allotment of
4,750 square feet of floor area for a single-family residence on a newly subdivided lot in
the Urban Growth Boundary(UGB).
In addition,the Applicant is requesting conceptual subdivision approval to subdivide the
property into two lots,to rezone the subdivision with a PUD overlay in order to vary
setbacks, lot size, and preserve open space, and to establish an Activity Envelope on the
new lot.
Commissioner Thompson moved to adopt staffs recommended scoring. Commissioner
Palmer seconded. Chairman VeShancey called the question,and the motion passed 5-0.
Commissioner Thompson moved to recommend approval to the BOCC of the
DOREMUS ACTIVITY ENVELOPE REVIEW, CONCEPTUAL SUBDIVISION
REVIEW,PLANNED UNIT DEVELOPMENT(PUD)REVIEW,AND REZONING TO
PUD. Commissioner Palmer seconded. Chairman VeShancey called the question,and
the motion passed 5-0.
2. 501 BUTTERMILK LLC ACTIVITY ENVLEOPE REVIEW,CONCEPTUAL
SUBDIVISION REVIEW,GMQS,PLANNED UNIT DEVELOPMENT(PUD)
REVIEW,AND REZONING TO PUD
STAFF RESPONSIBLE: MIKE KREAMER
> Applicant: 501 BUTTERMILK LLC
> Applicant's Representatives: MITCH HAAS
Summary of Request: The Applicant is requesting to subdivide a 37 acre metes and
bounds parcel into two(2) lots and attain a development right for the newly created lot
through the Growth Management Quota System(GMQS). The proposed new lot will not
conform to the minimum lot size in the AR-10 Zone District,therefore,the Applicant also
requests Planned Unit Development(PUD) approval to vary the minimum lot size and
rezone with a PUD designation.
Commissioner Thomson moved to recommend the application for the 501
BUTTERMILK LLC ACTIVITY ENVLEOPE REVIEW,CONCEPTUAL
SUBDIVISION REVIEW,GMQS,PLANNED UNIT DEVELOPMENT (PUD)
REVIEW,AND REZONING TO PUD be continued to January 3rd,2017. Commissioner
Palmer seconded. Chairman Conklin called the question, and the motion passed 5-0.
IV. ADJOURN: The meeting adjourned at 8:00 P.M.
ATTACHMENT B
MEMORANDUM
TO: Pitkin County Planning and Zoning Commission
FROM: Tami Kochen,Planner
RE: Doremus GMQS Application for New Lot in the Urban Growth Boundary, Subdivision
Conceptual Submission,Rezoning to Planned Unit Development(PUD),PUD Review,and
Activity Envelope Review
DATE: December 13,2016
SUMMARY OF REQUEST: The Applicant is requesting a growth management allotment of 4,750 square
feet of floor area for a single-family residence on a newly subdivided lot in the Urban Growth Boundary
(UGB).
In addition,the Applicant is requesting conceptual subdivision approval to subdivide the property into two
lots,to rezone the subdivision with a PUD overlay in order to vary setbacks,lot size,and preserve open
space,and to establish an Activity Envelope on the new lot.
APPLICANTS: Andrew&Jeanne Doremus
REPRESENTATIVE: Davis Horn Inc.
LOCATION: 85 Glen Garry Drive,Aspen Highlands Block 1, Lot 15 (Westerly part of Lot 15 plus
Baldwin Tract)
ZONING/LOT SIZE: The lot is zoned R-30 and contains 2.35 acres.
PROCEDURE/PROCESS: Scoring of the Growth Management application is conducted by the
Planning and Zoning Commission. The Planning Commission forwards,by resolution,the ranking of the
development applications.Upon receipt of the Planning Commission resolution forwarding the scores or
subsequent to the conclusion of all appeal hearings,the BOCC by resolution allocates development
allotments to the eligible applicants. If the growth management application meets threshold,the
Planning Commission will separately consider the Subdivision Conceptual Submission and Activity
Envelope requests and make a recommendation to the BOCC.
HISTORY: In 1960,the Board of County Commissioners approved the Aspen Highlands Subdivision.
The original Plat is recorded in Book 2 at Page 256. Surrounded by the subdivision,but not part of the
subdivision was a portion of the subject property referred to on the Plat as the Baldwin Tract. According
to Stewart Title's October 19, 1990 letter,the westerly part of Lot 15, a .4 acre parcel contiguous to the
Baldwin Tract,was created as an exception to a deed in 1961. In 1991,Pitkin County Attorney, Tim
Whitsitt determined that since the .4 acre parcel"is not shown on the Aspen Highlands Subdivision Plat,
but is only a portion of one of the lots,it can, and does merge with the adjacent properties under single
ownership." The merging of the .4 acre parcel with the Baldwin Tract created parcel#273514201007.
1
The parcel was created prior to June 12, 1978, and therefore exempt from GMQS pursuant to Sec. 6-30-
100(a).
In 1991,Andrew&Jeanne Doremus, owners of the merged parcel, submitted a residential
GMQS/Subdivision/PUD and Special Review land use application. The application sought a two lot
subdivision and associated GMQS allotments. Lot 1 was proposed to be developed with a free-market
single family dwelling unit while Lot 2 was proposed to be developed with a duplex containing one free-
market unit and one deed restricted low-income unit. The Board approved Resolution No. 91-136
denying the Subdivision/PUD Special Review requests and approving General submission for a single
family dwelling. The Board found"the proposed subdivision incompatible with the neighborhood and
inconsistent with Scenic Quality provisions of the Land Use Code by creating Lot 2 in an area which
will have adverse impacts on adjacent lots." The Resolution approved"construction of one single
family dwelling on the envelope identified as Lot 1 of the application consistent with the General
Submission provisions of the County Code for one single family dwelling subject to conditions of
development, and the project site is entitled to one GMQS exemption ..."
Pitkin County approved the Andrew&Jeanne Doremus 1041/General Submission Site Plan in 1992
recorded in Plat Book 28 at Page 55. In 1994 the Applicant developed the parcel with a 4,915
square foot single family home pursuant to BOCC Resolution 91-136. A Minor Amendment to a
Development Permit to adjust the building envelope was approved in a 1996 Memorandum from
Lance Clarke to Cindy Houben.
In 1997,the Planning and Zoning Commission approved Resolution No. PZ 97-13 granting Special
Review Approval for a Single Family Home with More than Five Bedrooms. Most recently two
additions to the home were permitted in 1998 and 2003 making the current home approximately
5,693 square feet.
*It should be noted that after a staff site visit,it was determined that the carport structure had not been
permitted nor counted in floor area in the submitted application. It is located in the east side yard setback.
The applicant intends to compete in the January 15th,2017 GMQS competition to attain the necessary floor
area to allow the structure to remain. If the GMQS allotments are not granted,the structure will be
removed. If GMQS allotments are granted,further review to approve a side yard setback variance will be
required during detailed PUD submission.
EXISTING CONDITIONS: The 102,722 square foot property currently contains a single-family
residence,a carport structure and small greenhouse. The property is bordered by Fred Iselin Memorial
Park to the north,Aspen Highlands Subdivision Lots 4& 5 to the west, Glenn Gary Drive to the south,
and Aspen Highlands Lots 15, 16, 17 and 19 to the east.
PROPOSAL: The Applicant is seeking approval for rezoning to a PUD, subdivision approval and a
GMQS allotment to develop one additional single family dwelling unit(rather than the duplex proposed
in 1991). Additionally, an 8,889+square foot common open space parcel is proposed to be located
northwest of Lot 1 adjacent to Fred Iselin Memorial Park.
REFERRAL COMMENTS: The application was referred to Aspen Highlands Subdivision,City of
Aspen Open Space,Aspen Fire Protection District,and Aspen City Planning. Comments from Parker
2
Lanthrop are attached for reference.Austin Weiss with the City of Aspen Open Space verbally supported
the application.
3
STAFF COMMENTS:
URBAN GROWTH BOUNDARY GROWTH MANAGEMENT QUOTA SYSTEM(GMQS)ALLOTMENTS FOR
NEW LOTS AND PARCELS(SECTION 6-10):
An annual ceiling of 23,000 square feet of floor area is available in the Urban Growth Boundary for new
lots/parcels. The Applicant is requesting an allotment of 4,750 square feet of floor area for a newly
subdivided lot.
Staff's recommended scoring for this project is attached. Please note that a development in the Urban
Growth Boundary must receive a minimum score of 13 points to obtain an allocation. Staff has
recommended a score of 16 points for this application,which exceeds the minimum score required.
Section 6-40-20(b)of the Code states, "Receipt of an allotment or eligibility for an exemption is a pre-
requisite to continuation in the land use review process. If an allocation or exemption is denied, any
other land use applications that are pending for the property shall be denied as well." If the application
does not meet threshold when scored by the Planning Commission,then the Subdivision and Activity
Envelope requests shall also be denied.
SUBDIVISION CONCEPTUAL SUBMISSION: The proposed subdivision is surrounded by subdivided land
where the average lot size is 36,500 square feet and the average house size is 4,858 square feet(based off
County Assessor Records). The Applicant proposes to subdivide the 102,722 square foot property into two
lots.
Lot 1,the"fathering parcel"would contain approximately 72,868 square feet. Lot 2,where the new
residence is proposed,would contain 20,965 square feet and have a maximum floor area of 4,750 square
feet,and a maximum gross floor area of 5,750 square feet. The Applicant is seeking approval of a PUD,
which will permit the Lot 2 to be less than the required 30,000 square feet in the R-30 zone district.
Approval of the conceptual subdivision is subject to a finding of compliance with Sections 2-40-50(i)and 7-
70 of the Code.
2-40-50(i) Criteria for Approval: A conceptual or detailed subdivision or PUD application may be
recommended for approval and may be approved only if the Board finds that all of the following criteria
have been met:
(1) The application complies with all applicable provisions of this Land Use Code;
(2) The application complies with all applicable Land Use Policies listed in Sec. 1-60;
Staff Response: It appears that the application complies with all applicable provision of the Code,
including the land use policies.
(3) The application complies with all prior development approvals applicable to the subject property;
Staff Response: The application complies with prior development approvals applicable to the property
and understands the applicable approvals for the carport will need to be attained or the structure will
need to be removed prior to Detailed Submission/Final Plat approval.
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(4) The proposed subdivision is consistent with and implements the intent of the zone district(s) in which
it is located;
Staff Response: The Applicant is seeking PUD designation to vary the size of Lot 2 to less than 30,000
square feet, and to vary the front yard setback. The variation in the dimensional standards will enable the
Applicant to save trees on the northwest side of Lot 2 and enables the Applicant to preserve an open
space parcel contiguous with the Maroon Creek Road scenic corridor. Lot 1 will remain conforming in
size within the R-30 zone district. The average floor area ratio of the two lots will conform with the .13
floor area ratio standard in the R-30 zone district.
(5) The general layout of lots, roads, driveways, utilities, drainage facilities, and other services within
the proposed subdivision or PUD is designed in a way that minimizes the amount of land disturbance,
maximizes the amount of open space in the development,preserves existing trees/vegetation and riparian
areas,protects critical wildlife habitat, and otherwise accomplishes the purposes and intent of this Land
Use Code;
Staff Response: The proposed new lot will be located adjacent to Glen Garry Drive,which helps to
minimize the amount of land disturbance and provides access to existing utilities and services. There is
no wildlife habitat or riparian areas on the property.
(6) The proposed subdivision or PUD will not result in significant adverse impacts on the natural
environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such
impacts will be substantially mitigated;
(7) The proposed subdivision or PUD will not result in significant adverse impacts on adjacent
properties, or such impacts will be substantially mitigated;
Staff Response: The new lot will not result in significant adverse impacts on the natural environment.
The Applicant has committed to an architectural review by the Aspen Highlands Subdivision for
development of Lot 2 or the redevelopment of Lot 1.
(8)Adequate and sufficient public safety, transportation, utility facilities and services, recreation
facilities,parks, and schools are available to serve the property, while maintaining sufficient levels of
service to existing development;
Staff Response: The additional single family residence will not affect the adequacy and sufficiency of
public facilities. Exactions for roads, employee housing,parks/recreation/open space and schools will be
required.
(9)In addition, a rezoning to a PUD designation shall only be recommended or approved if the
Planning and Zoning Commission or the Board of County Commissioners, as applicable, determines that
the standard criteria for a rezoning set forth in 2-40-10(c)have been met
Staff Response: The proposed rezoning is consistent with the Aspen Area Community Plan and the
criteria in Sec. 2-40-10(c)that are addressed below.
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SUBDIVISION(Section 7-70):
Compliance with Comprehensive Plan and Zone District: Each subdivision of land that does not
qualify for a Subdivision Exemption (a)shall be generally consistent with all applicable provisions of the
Comprehensive Plan for the area in which the land is located, and(b)shall comply with all requirements
for the zone district in which the land is located, including without limitation the description of the zone
district and related standards contained in Chapter 3; any requirements related to the proposed use of
the land contained in Chapter 4; dimensional requirements related to the proposed use of the land
contained in Chapter 5; all applicable requirements of and all applicable development standards
contained in this Chapter 7.
Staff Response: The proposed subdivision is surrounded by subdivided land with lot sizes averaging
between 30,000 and 40,000 square feet in size. The development is consistent with the Aspen Area
Community Plan and compatible with the surrounding neighborhood. The PUD overlay will permit the
new lot to be less than the required 30,000 square feet in the R-30 but the two lot subdivision will have
density of one lot per 51,360 square feet with 8,889 square foot parcel created for open space. The PUD
designation will also vary the front yard setback from 30 to 15 feet to preserve mature vegetation on the
northwest side of Lot 2.
Development Phasing: No subdivision of land shall be approved if the indicated staging of development
will generate service or facility demands in advance of the fiscal and physical ability of the County or
districts to provide within their budgets.
Staff Response: The infrastructure exists to serve the new lot and has the capacity to serve the lot.
Road Construction,Improvements or Maintenance Costs: A proposed subdivision of land shall only be
approved if any special road construction, improvement or maintenance cost assignable to the proposal
and to be borne by the County at large can be met within both short-term and long-term County budgets
without tax increases that might otherwise be unnecessary.
Staff Response: No road improvements will be required as a result of the subdivision.
County Acceptance of Utilities or Facilities: A proposed subdivision of land shall only be approved if any
utility or facility to be provided by the developer for acceptance and future operation and/or maintenance
by the County, or any district within the County is planned, designed and constructed and prior to its
acceptance by the County or district, operated and maintained in a manner that protects the public from
any expenses to correct deficiencies in the utility or facility.
Accessibility of Public Facilities: A proposed subdivision of land shall only be approved if the location
and layout of the proposal are such that necessary public facilities can be provided to the area without
the need for additional public expenditures for service expansions.
Staff Response: No new utilities or facilities are proposed.
Management of Construction Impacts: A proposed subdivision of land shall only be approved if the
short-term construction impacts on roads,fire and police substations, schools,public services such as
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solid waste collection, snow removal and public transportation have been or will be mitigated by the
developer.
Staff Response: The Applicant commits to mitigate all short-term construction impacts.
Improvement Agreements: In order to confirm compliance with the provisions of this Sec. 7-70, a
signed Improvement Agreement between the applicant ant the County will generally be required in
connection with any subdivision of land. Provisions on Improvement Agreements are found in Sec. 2-20-
130(a).
Staff Response: A Subdivision Improvements Agreement will not be necessary for the two lot
subdivision.
REZONING TO PUD:
The Applicant requests a rezoning of the property with a PUD designation in order to vary the lot size for
Lot 2 and to vary front and side yard setbacks in the R-30 zone district. Sec. 3-70-30(c) of the Code
states that a PUD designation may be requested within any zone district within the Urban Area,provided
that it is intended to protect desirable open space or increase the production or availability of affordable
housing. The proposed PUD will protect desirable open space and is within the UGB.
The proposed rezoning with a PUD designation must comply with the following standards of Sections 2-
30-40(i) and 2-40-10(c)(2&3):
Sec. 2-30-40(i). An application for two-step review [rezoning] shall be recommended for approval and
shall be approved if it complies with (a) All applicable provisions of this Land Use Code; (b) All
applicable Land Use Policies listed in Section 1-60; and (c) All prior development approvals applicable
to the subject property.
Response: These criteria are addressed in the subdivision criteria above.
Sec. 2-40-10(c)(2). In addition to complying with the provisions of Sec. 2-30-40(i) in connection with
each proposed rezoning,the Board shall consider the following:
(a) Whether there have been changed conditions affecting the subject parcel or the surrounding
neighborhood that support the proposed amendment;
Response: The Aspen Highlands Subdivision has been largely developed; a few vacant lots remain. The
subject parcel is an enclave surrounded by the Aspen Highlands Subdivision and Fred Iselin Memorial
Park to the north. Since the 1991 application, the County approved(and the City of Aspen subsequently
annexed) the Moore PUD (now Five Trees Subdivision) and the Aspen Highlands Subdivision/PUD at
the ski area base; both developments greatly increased the residential density and changed the character
of the surrounding area. The PUD designation will allow the property to be subdivided and developed in
a manner compatible with the immediate neighborhood, while minimizing impacts on the scenic Maroon
Creek Road corridor.
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(b) The effect of the proposed rezoning and development on traffic generation and road safety.
Response: The rezoning to PUD will not generate additional traffic beyond what would be generated
without the PUD rezoning.
Sec. 2-40-10(c)(3). A proposed rezoning shall not be approved, and should not be recommended for
approval, unless the decision making body finds that the proposed rezoning will result in development or
activities that:
(a) Are consistent with the applicable Pitkin County Master Plan(s);
Response: Consistency with the AACP is addressed above.
(b) Are consistent with all applicable sections of this Land Use Code;
Response: Consistency with the Land Use Code is addressed throughout this memorandum.
(c) Are compatible with surrounding zone districts and land uses, considering existing land use and
neighborhood characteristics;
Response: The subdivision would remain compatible with the surrounding "urban-like" neighborhood
within the UGB. The average lot size in the Aspen Highlands Subdivision is approximately 36,500
square feet,which provides an average of 4,745 square feet of floor area based on the Floor Area Ratio of
.13. The applicant proposed to limit the floor area of Lot 1 (with a larger lot size of 72,868 square feet)
to 8,171 square feet and Lot 2 to 4,750 square feet; these house sizes are compatible with the
neighborhood.
(d) Do not exceed the capacity of such public facilities, including, but not limited to, transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical
facilities;
Response: The rezoning with a PUD designation will not exceed the capacity of available public
facilities.
(e) Do not result in significant adverse impacts on the natural environment;
Response: The rezoning with a PUD designation to accommodate the second lot and open space parcel
will result in insignificant adverse impacts on the natural environment.
( Are consistent and compatible with the community character; and
Response: The rezoning with a PUD designation is considered consistent and compatible with the
community character.
(g) Do not conflict with the public interest.
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Response: The rezoning with a PUD designation to vary the setbacks and lot area will not conflict with
the public interest.
PUD CRITERIA:
Sec. 3-70-30(h),Variations of Dimensional Standards: The yard setbacks and minimum lot area may be
varied only if the county determines that the proposed dimensions result in a development that:
1. Is generally consistent with the scale of surrounding development;
Response: As stated above, development will be consistent with the surrounding development in the
area.
2. Does not significantly reduce sunlight or create significantly increased shadowing of roads,
pedestrian paths, or developed residential properties;
Response: Varying these standards will not result in these adverse impacts.
3. For any increase in height, is accompanied by increased setbacks along any property line
adjacent to single or multi family uses;
Response: No increase in height is requested.
4. Provides protection for the water quality and wildlife habitat in rivers and streams at least equal
to that if the dimensions had not been varied; and
Response: The proposed variations have no impact on water quality and wildlife habitat in rivers and
streams.
S. Provides areas within the PUD allocated for common usable open space. The common open
space shall be used and be suitable for scenic, landscaping or recreation purposes. The common
usable open space shall be protected from future development, and shall be guaranteed to be
available for use by residents of the entire property, through a deed restriction or other legal
document, acceptable to the County, and recorded with the clerk and recorder of Pitkin County.
Response: The Applicant proposes to create a common open space parcel which will be protected from
any future development. Lot 1 will grant Lot 2 a pedestrian easement to provide access to the open space
parcel. The conditions placed on the open space parcel will be determined at Detailed Subdivision.
Sec. 3-70-30(i)(2), Protection of Open Space in the Urban Area: A PUD designed to protect desirable
open space in the Urban Area shall only be approved if the County fmds that all of the following criteria
have been met:
(a) The proposed development (i)preserves and if possible enhances unique site features, and (ii)
preserves and protects more open lands in their natural state than would be required by the
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underlying zone district.
(b) The proposed development includes adequate open space for the mutual benefit of all residents
and tenants of the proposed development, including residents of on-site affordable housing.
(c) The proposed development includes adequate provisions for maintenance of common open
space, and such provisions shall be included in a signed agreement between the owner and the
County.
(d) The advantages to the County of the additional protection of desirable open space provided by
the proposed development significantly outweigh any disadvantages to the County created by
any variations in standards that would otherwise apply to the property.
Response: The Applicant has proposed to create an approximately 8,889 square foot common open
space parcel adjacent to the Fred Iselin Memorial Park along Maroon Creek scenic corridor, as identified
in on the Conceptual Subdivision Plan in the application. The Applicant is currently working on
increasing the size and changing the configuration of the open space parcel which will be presented at the
December 13th Planning and Zoning Commission meeting. Staff discussed with the Applicant that
Maroon Creek Road is designated as a Major Road which requires a 100' setback and therefore much of
the proposed open space parcel is protected to a degree. Staff also questioned the "exceptional benefits"
of the proposed open space. The applicant plans to increase the open space area thereby protecting more
open lands in their natural state than would be required by the existing code standards.
ACTIVITY ENVELOPE: The Applicant has requested approval of an activity envelope within which to
construct a single family residence on the newly subdivided lot. The envelope is free of any constrained
areas. Site Plan review will be required prior to submission of any development applications.
Site Preparation and Grading: The Applicant will comply with the applicable provisions.
Steep/Potentially Unstable Slopes& Grading: The activity envelope avoids all slopes in excess of 30%.
The small areas of slopes in excess of 30%on the Lot have been excluded from the envelope.
Water Courses&Drainage: There are no watercourses on the property.The Applicant commits to comply
with the provisions of this section as part of the Detailed/Final Plat Review.
Floodplain: The property is not within the 100-year floodplain.
Geologic Hazards: There are no geologic hazards known to affect the property.
Wildfire: The proposed development is within a low wildfire hazard area. The Applicant commits to
comply with the standard wildfire mitigation measures in the Land Use Code.
Wildlife: Jonathan Lowsky of Colorado Wildlife Science LLC and Kurtis Tesch,CPW District Wildlife
Manager assessed the property in July 2016. They concluded the development would not result in
consequential impacts to wildlife because the property does not contain mapped or otherwise known habitat
protected by the Land Use Code.
River and Stream Corridors and Wetlands: The property does not contain any of the protected features
identified in the Code.
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RECOMMENDATION: Staff recommends that the Planning Commission recommend approval to the
BOCC to grant a growth management allotment for 5,750 square feet of gross floor area for a new lot,
conditioned upon recordation of a covenant documenting the representations made in the application for the
additional square footage. This covenant shall be reviewed and approved by the Community Development
Department and recorded against the property,prior to issuance of a building permit to utilize the awarded
floor area.
Staff further recommends that the Planning Commission recommend approval to the BOCC of the Rezoning
to Planned Unit Development,Conceptual Subdivision and Activity Envelope,subject to the conditions
outlined below:
1. The Applicants shall adhere to all material representations made during the application process.
2. Prior to Detailed Submission/Final Plat application,the Applicant shall:
A. Obtain the necessary approvals and permits for the carport and greenhouse on Lot 1 or remove the
structures.
3. With the Detailed Submission/Final Plat application,the Applicant shall:
A. Provide a draft a covenant restricting the Subdivision/PUD against further subdivision.
B. Submit will serve letters from utility companies.
C. Provide a draft PUD agreement which shall include the specific uses and activities to be allowed
on the Open Space Parcel.
D. Establish an Activity Envelope on Lot 1 encompassing existing development.
4. The following shall be delineated on the Final Plat:
A. A driveway easement across Lot 2 to benefit Lot 1.
B. A pedestrian easement across Lot 1 to the benefit of Lot 2 to access the Open Space.
5. Concurrent with recordation of the Final Plat and prior to submission of the Site Plan Review
application for Lot 2,the Applicant shall record an Activity Envelope Plan in accordance with Land
Use Code Section 2-30-20(g)and Application Manual Section 2.1.1. The Activity Envelope Plan shall
first be submitted for approval by the County Attorney and Community Development. The above
referenced approvals shall be a condition precedent to finalization and recordation.
6. Prior to submission of any building or other development permit applications for Lot 2,the
Applicant shall be required to submit for approval an application for Site Plan Review,pursuant to
Secs. 2-30-20 and 7-10-50 of the Code.
7. Prior to issuance of a building permit for the residence on Lot 2 or redevelopment of the residence on
Lot 1,the Applicant shall obtain architectural review approval from the Aspen Highlands Subdivision.
8. Prior to issuance any building permits for Lot 2,the Applicant shall:
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A. Obtain an access permit for any improvements to the driveway on Lot 2,which shall be approved
by the Planning Engineer and the Community Development Department.
B. Obtain a fireplace/woodstove permit from the Community Development Department, if
necessary.
C. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or
geologist for review and approval by the Planning Engineer.
D. Obtain a tap permit and pay the applicable fees to the Aspen Consolidated Sanitation District.
E. Pay the applicable road and employee housing impact fees.
F. Submit a construction management plan for review and approval by the Planning Engineer.
G. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes and a tree
mitigation plan.
H. Make a cash payment in lieu of dedicating land to the Aspen School District. Calculation of the
payment shall be based on the regulations in effect at the time of building permit issuance.
I. Make a cash payment in lieu of dedicating land to the County for parks/recreation/open space.
Calculation of the payment shall be based on the regulations in effect at the time of building permit
issuance.
J. Make a cash payment of$5,000 to the Aspen School District for transportation planning and related
traffic issues.
K. Make a cash payment of$15,000 to the Aspen Fire Protection District to assist them in attaining a
side-by-side UTV.
L. Make a cash payment of$8,000 to the City of Aspen Parks Department for improvements to the
Government Trail and Bridge.
9. Lot 1 is approved to develop up to 8,171 square feet of floor area of which 5,750 is exempt from
growth management. The use and approval of transferable development rights(TDRs)or growth
management allocations to exceed 8,171 square feet of floor area on the property is strictly prohibited.
10. Lot 2 is approved to develop up to 5,750 square feet of gross floor area. . The use and approval of
transferable development rights(TDRs)or growth management allocations to exceed 5,750 square feet
of gross floor area on the property is strictly prohibited.
11. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard
Area:
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows(note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions):
1) Brush, debris and non-ornamental vegetation shall be removed within a minimum ten-foot
(10')perimeter around all structures.
2) All branches from trees and brush within 30 feet of all structures (or to the property line)
shall be pruned to a height of ten(10) feet above the ground with removal of ladder fuels
from around trees and brush.
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3) Tree crown separation for coniferous trees shall be at least 10'. Tree crowns for aspen may
touch and interconnect, as long as ladder fuels have been removed from beneath trees.
4) Flammable mulches are not allowed within 2' of all structures. Aspen trees shall be at least
10' from the house.
5) Up to 5 evergreen trees are allowed within 30' of all structures,but should be limbed to 10'
and shall not have any flammable fuels underneath the trees. These trees shall be separated
by at least 20',unless clumped together(no more than 3 trees in a clump)in which case the
clump shall be separated by at least 30' from another clump or individual tree.
6) No trees shall be within 15' of any window.
7) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen
(15)feet of chimneys shall be removed.
8) All deadfall up to a one hundred(100) foot perimeter or the property line shall be removed.
9) The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted
Building Code. No wood shakes or shingles. All other adopted Building Code compliant
methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they
comply with the following:
1) All roof coverings shall be constructed of non-combustible materials and installed on a Class
A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
3) Protrusions above the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
C. Maintenance and Miscellaneous Requirements
1) Roofs and gutters shall be kept clear of debris.
2) Roof vents shall be screened with corrosive resistant wire mesh,with mesh one-fourth(1/4)
inch maximum.
3) Any outbuilding shall adhere to the same wildfire requirements.
4) Yards shall be kept clear of all litter, slash and flammable debris.
5) All flammable materials shall be stored on a parallel contour a minimum of fifteen(15) feet
away from any structure.
6) Weeds and grasses within the ten(10)foot perimeter shall be maintained to a height not
more than six(6)inches.
7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen(15)feet
away from the structure.
8) Swimming pools and ponds shall be accessible by the local fire district.
9) Fences shall be kept clear of brush and debris.
10) Wood fences shall not connect to other structures.
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11) Fuel tanks shall be installed underground with an approved container.
12) 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.
13) Each structure shall have a minimum of one ten(10)pound ABC fire extinguisher.
14) 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.
15) Utilities shall be extended underground.
12. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection
District,including but not limited to access,turning around of fire apparatus,and installation of an
approved fire sprinkler system.
13. Trash/garbage shall be kept in an approved bear resistant container or enclosure,pursuant to the
County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to
issuance of a certificate of occupancy.
14. No development including grading,excavation,fill placement,berming, landscaping,vegetation
removal or disturbance,well or septic system shall occur outside of the approved activity envelope,
except as necessary to comply with the wildfire mitigation measures described above.
15. Prior to commencement of any earthmoving or other construction activity,the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
16. No calculations for height,bulk, setback,size,floor area,or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
17. 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.
ATTACHMENTS:
A. Staff's recommended scoring
B. Aspen Fire referral comments
C. Davis Horn Inc. PUD Designation Letter
D. Davis Horn Inc.Unpermitted Carport Survey&Letter
Application provided separately
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ATTACHMENT A
URBAN AREA RESIDENTIAL GROWTH MANAGEMENT COMPETITION FOR
ADDITIONAL FLOOR AREA
STAFF'S RECOMMENDED SCORING
NAME OF PROJECT: DOREMUS, 85 GLEN GARRY DR. DATE: 12/13/16
6-10-10: STANDARDS FOR SCORING APPLICATIONS FOR RESIDENTIAL
ALLOTMENTS
The Planning and Zoning Commission shall consider each application with respect to the
standards described below,and shall assign points according to the following schedules:
(a) mpacts on Public and Private Facilities
(1) Considering whether an applicant has provided a commitment to install those public and
private facilities that are necessary to serve the development and also to install facilities that
may be of benefit to the surrounding neighborhood. Points shall be awarded according to
the following schedule:
(a) Zero (0) means the proposed facilities do not comply with the County's adopted
standards or do not meet the needs of the project.
(b) One (1) means the proposed facilities comply with the County's adopted standards and
provide for the needs of the project, but do not improve services to the surrounding
neighborhood.
(c) Two (2) means the proposed facilities comply with the County's adopted standards,
provide for the needs of the project, and help to solve a problem or resolve a constraint
with existing facilities, or otherwise are of benefit to the surrounding neighborhood.
Any such improvements proposed must also be consistent with adopted County plans
addressing such facilities and must be determined to be necessary and appropriate by
the referral agency charged with utilizing the facility or providing the related service.
(2) The categories in which points shall be awarded are as follows:
(a) Fire Protection
1, Capability of the appropriate fire protection district to provide fire protection
according to its established response standards, including whether appropriate
access has been provided to the development site, with necessary vehicle turnouts
and turn-around pads;
2. Adequacy of available water pressure and capacity for providing fire-fighting
flows; and
3. Commitment of an applicant to provide or pay for fire protection facilities that may
be necessitated by the project or that may improve fire protection capabilities in
the neighborhood, including but not limited to fire hydrants, water storage tanks or
ponds, and fire fighting vehicles or equipment.
Maximum Score 2 Score: 2 x 1 (multiplier) =2
1
COMMENT: The property is located within the Aspen Fire Protection District. Parker Lathrup
and Rick Balentine of the Fire District have indicated the Distinct is capable of serving the
proposed residence, and it will not necessitate additional fire fighting facilities or capabilities. The
property can be accessed directly from Glen Garry Drive. A turn around area is not necessary as
Glen Garry Drive has access from Glen Eagles Road and Maroon Creek Road. An existing fire
hydrant is within 300' of the Lot and in adequate proximity to the proposed residence.
The applicant commits to contribute$15,000 to the Aspen Fire Protection District to help them attain
a side-by-side UTV. Parker stated that the neighborhoods off Maroon Creek Rd are in the Wildland
Urban Interface which have a higher probability of a wildland fire,and the acquisition of a UTV
would be"a vital link if Maroon Creek Road were ever cut off by an emergency."
Staff finds the donation of$15,000 to assist in the Fire Department in attaining an UTV helps to
improve fire protection capabilities in the neighborhood and therefore recommends a score of 2.
(b) Road System
1. Capability of the public road network to provide for the needs of the proposed
development within acceptable levels of safety, as defined in the Pitkin County
Asset Management Plan; and
2. Applicant's commitment to provide or pay for necessary road system
improvements attributable to the proposed development or to improve road
capacity or safety in the neighborhood.
Maximum Score 2 Score: 2 x 1 (multiplier) =2
COMMENT: The property is accessed via Maroon Creek Road and Glen Eagles Drive and is 1/4
mile from the Aspen Public Schools. Traffic congestion during peak times is an issue of concern.
The Applicant discussed the traffic issues with John Maloy, Superintendent of the Aspen School
District. He noted the City of Aspen has been working in conjunction with the Aspen School
District to conduct transportation planning studies. Several projects are planned and additional
studies may be needed. The applicant has committed to donate $5,000 to the School District for
transportation planning assistance and related traffic issues.
Matt Langhorst of High Country Engineering provided a Memorandum indicating the Maroon
Creek Road corridor is capable of accommodating the traffic associated with an additional single-
family dwelling unit. Despite the applicant's limited impact on peak hour traffic in the corridor,
the Applicant has committed to contribute to improving road capacity and safety in the
neighborhood;therefore,staff recommends a score of 2.
(c) Transit and Trail Systems
1. Whether the proposed development site is located in proximity to existing transit
routes and trail systems and whether appropriate on-site connections are made to
these routes and trails;
2. Capability of the transit system to accommodate the proposed development
without the need for additional equipment or route shifts;
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3. Commitment of the applicant to finance or provide capital improvements (such as
a bus, bus shelter, or trail connection) that enhance the ability of the transit or trail
system to serve the proposed development, or to provide an easement for a trail
that has been identified in the Pitkin County Comprehensive Plan; and/or an
easement for a trail that has generally been identified as a public access need.
Maximum Score 4 Score: 2 x 2 (multiplier)=4
COMMENT: The property is located near the Castle Creek/Aspen Highlands bus route. It is
within easy walking distance of an existing RFTA bus stop,the Government Trail,Aspen Public
Schools,and the Aspen Recreation Center. The transit system can currently accommodate an
additional single-family house with out the need for additional equipment or route shifts.
The proposed subdivision is also adjacent to Fred Iselin Memorial Park which is across Maroon
Creek Road and the Government Trail. The applicant has discussed the state of the trail with
Austin Weiss of the City of Aspen Parks Department. Austin indicated that the trail and bridge
over the creek are in poor condition and are in need of repair. Austin estimates the project would
roughly total$20,000-$25,000 to complete. The Applicant has committed to donating$8,000 to
the City of Aspen Parks Department for Government Trail improvements. The commitment helps
to solve a problem or resolve a constraint with existing facilities, or otherwise benefits the
surrounding neighborhood,therefore, staff recommends a score of 2.
Impacts on Public and Private Facilities Subtotal: 8
(b) Effect on the Environment
(1) Considering the environmental impacts of the proposed development and whether the
applicant commits to actions that will have a positive effect on the natural environment in
Pitkin County, thereby achieving an overall benefit for the community. Points shall be
awarded according to the following schedule:
(a) Zero (0)means the proposed development does not comply with the applicable adopted
County environmental standards.
(b) One (1) means the proposed development complies with (but does not exceed) the
applicable adopted County environmental standards.
(c) Two (2) means the proposed development exceeds the applicable adopted County
environmental standards, or the proposed development complies with the applicable
adopted County environmental standards and helps to solve an existing environmental
problem. To receive a score of 2 in any category, an applicant shall exceed an adopted
standard or solve an existing problem as expressed in at least one of the standards in
that category,but need not do so in all of the standards of that category.
(2) The categories in which points shall be awarded are as follows:
(a) Water Resources
Considering the overall impacts of the development on local and regional water
resources,including:
1. The extent to which the proposed development of the property will comply with or
will exceed (by more than fifty (50) percent) the minimum stream setbacks and
3
riparian and wetland buffers established in Table 5-1 and Sec. 7-20-80 of this Land
Use Code.
2. Whether an applicant commits to the dedication of water rights to an appropriate
public agency or other actions that will contribute to the protection of minimum
stream flows and address a documented need in Pitkin County.
3. Whether an applicant commits to retain irrigation water rights with agricultural or
open space lands that are part of the development.
4. Whether an applicant commits to the implementation of techniques that will
improve the efficiency of existing irrigation systems and commits to dedicate the
remaining water to minimum in-stream flows, or increases the amount of
agricultural land or protected open space that is able to be irrigated within the
development.
5. Whether an applicant proposes a water augmentation plan that will replace water
that is to be used by the development with augmentation water that re-enters the
stream either(i)upstream of the development, or(ii) at the same point of diversion
employed by the development(that is,bringing "wet water" to the County), or(iii)
downstream of the development, but still upstream of the in-stream depletion areas
in Pitkin County.
Maximum Score 4 Score: 1 x 2 (multiplier)=2
COMMENT: The proposed development will be set back more than 150' from any stream,
wetland or riparian area. Water service can be provided by City of Aspen via the existing water line
in Glen Garry Drive. The property does not include any water rights that can be dedicated or
augmented,and does not have any irrigation water rights,agricultural or open space lands. The
proposed development complies with,but does not exceed the applicable standards,therefore,staff
recommends a score of 2.
(b) Wildlife Habitat Protection
Considering the extent to which the proposed development will contribute to the
protection of wildlife habitat in Pitkin County by exceeding the standards of Sec. 7-20-
70. The County has identified the following activity that qualifies as exceeding the
adopted standards:
1. An applicant could commit to a program that would enhance or would restore
native wildlife habitat that has been degraded by human or animal activity (for
example, by creating or restoring wetlands and/or riparian habitat). On-site
enhancement is preferred, but where there are no significant opportunities for on-
site enhancement or restoration, a commitment to enhance or restore other sites in
Pitkin County may be considered.
2. Applicants may also identify other innovative ways in which wildlife habitat can
be protected in Pitkin County that would exceed the County's adopted wildlife
standards.
Applicants with no mapped or known wildlife habitat on their entire lot or parcel shall
receive a score of two(2)in this category.
Maximum Score 2 Score: 2 x 1 (multiplier) = 2
4
COMMENT: A wildlife and ecological assessment was conducted by Jonathan Lowsky of
Colorado Wildlife Science LLC in August 2016. His study concluded that the property does not
contain any mapped or known County regulated wildlife habitat. Kurtis Tesch of Colorado Parks
and Wildlife also visited the property in July 2016 and concurred with the finding. Therefore, the
Applicant is eligible for a score of 2.
Effect on the Environment Subtotal: 4
(C) 'Achievement of Community Goals
(1) OPEN SPACE PRESERVATION
(a) Considering the extent to which the proposed development will contribute to the
preservation of open space in Pitkin County. Valued open space that an applicant could
preserve includes:
1. Undeveloped lands that have wildlife, scenic,and other desirable resource values;
2. Agricultural lands, including those that have been historically irrigated, used for
food, grains or other feed production, and those used for dry pasture and
rangeland;
3. Lands, or easements over lands, which provide access to public lands or public
waters; and
4. Other undeveloped lands whose preservation would be consistent with the adopted
Pitkin County Comprehensive Plan.
(b) Points shall be awarded according to the following schedule:
1. Zero (0) means the proposed development does not preserve any of the valued
open space within the property.
2. One (1)means the proposed development preserves some,but not all of the valued
open space within the property.
3. Two (2) means the proposed development preserves all of the valued open space
within the property.
4. If the entire lot or parcel does not contain any valued open space, the applicant
shall receive a score of two(2).
Maximum Score 2 Score: 2 x 1 (multiplier)= 2
COMMENT: The property does not contain land valuable to wildlife,but is adjacent to portion
of the Fred Iselin Memorial Park that is on the east side of Maroon Creek Road. The park is
highly visible from Maroon Creek Road which is a designated Pitkin County scenic corridor. The
applicant proposes a 8,889 square foot Open Space Parcel for the benefit of Lot 1 &Lot 2
adjacent to the Fred Iselin Park. The applicant suggests the Open Space would create an
additional scenic buffer as viewed from Maroon Creek Road.
5
Maroon Creek Road is designated as a Major Road which requires a 100' setback. Therefore the
additional Open Space designation in the setback area creates minimal additional scenic benefits.
However,the Open Space Parcel does"preserve all of the valued open space within the property"
and provides additional protection to ensure that no development will occur within the setback,
therefore staff recommends a score of 2.
(2) HAZARD MITIGATION AND AVOIDANCE
Considering the extent to which the proposal mitigates the impacts of development or avoids
locating development in floodplain hazard, geologic hazard, or wildfire hazard areas, as
these areas are described in Chapter 7 of this Land Use Code. Points shall be awarded
according to the following schedule:
(a) Zero (0) means the proposed development does not comply with the County's adopted
standards for floodplain,geologic, and wildfire hazard areas.
(b) One (1) means the proposed development complies with the County's adopted
mitigation standards for development in floodplain, geologic, and wildfire hazard areas,
but includes some development activities on slopes in excess of thirty(30)percent or in
areas subject to severe wildfire hazards.
(c) Two (2) means the proposed development complies with the County's adopted
mitigation standards for development in floodplain, geologic, and wildfire hazard areas
and includes no development activities on slopes in excess of thirty (30) percent or in
areas subject to severe wildfire hazards.
Maximum Score 2 Score: 2 x 1 (multiplier) =2
COMMENT: The property is not within the floodplain; no development will occur on slopes in
excess of 30%, and there are no geologic hazard areas on the property. The wildfire hazard is
rated as low. Staff finds that a score of 2 is appropriate due to compliance with hazard mitigation
and avoidance.
Achievement of Community Goals Subtotal: 4
(d) Creative Bonus
The Planning and Zoning Commission may award bonus points to any development application
that meets the overall minimum scoring threshold to obtain an allocation,as specified in Tables 6-
7 and 6-8. Bonus points may be awarded to an applicant who proposes creative approaches that
are consistent with the purpose and intent of the scoring categories set forth in Secs. 6-50-20 (a),
(b), and(c), and go beyond the standards established in each of the respective categories. Bonus
points may also be awarded for creative approaches that have not been addressed in any of the
scoring categories set forth in Secs. 6-50-20 (a), (b), and(c),but that are consistent with and help
to implement the Pitkin County Comprehensive Plan. Up to five (5) bonus points may be
awarded as follows:
(1) One(1)bonus point may be awarded for each creative approach an applicant proposes that is
consistent with the purpose and intent of a scoring category set forth in Secs. 6-50-20 (a),
(b),and(c),and goes beyond the standards established in that category.
6
(2) One(1)bonus point may be awarded for each creative approach an applicant proposes that is
consistent with and helps to implement the Pitkin County Comprehensive Plan.
(3) One (1) bonus point may be awarded to any applicant who proposes to build affordable
housing, rather than pay the Employee Housing Impact Fee required by Section 8-30 of this
Land Use Code. To obtain the bonus point, the proposal to build the housing shall comply
with the County's adopted affordable housing policies and guidelines in terms of its location
and the type of housing proposed.
Maximum Score 5 Score: 0
COMMENT: The Applicant has requested 4 creative bonus points to honor Whipple Jones,
Aspen Highlands founder and skiing pioneer,by paying for, and erecting an interpretive plaque to
be located along Maroon Creek upstream from the pedestrian bridge. The applicant believes the
plaque will contribute to the heritage of the local community and enhance the open space and
trails experience. Austin Weiss of the City of Aspen Open Space noted that the trail already
contains interpretive signs and was not in favor of an additional interpretive plaque at this time.
Without the support of the City of Aspen Open Space, Staff recommends no bonus point be
awarded.
7
TOTAL POINTS(with multiplier):
Possible Subtotal Subtotal
Points (without (with
multipliers) multipliers)
A. Impacts on Public and Private Facilities 8 6 8
B. Effect on the Environment 6 3 4
C. Achievement of Community Goals 4 4 4
D. Creative Bonus 5 0 0
TOTAL 23 16
Must meet minimum threshold of 13 points(with multipliers)to obtain an allotment for a new
lot(bonus points are not included in the minimum threshold).
8
ATTACHMENT B
pirli1111
CottNTil Tami Kochen <tami.kochen@pitkincounty.com>
Doremus Subdivision/PUD
1 message
Parker Lathrop <parker.lathrop@aspenfire.com> Mon, Dec 5, 2016 at 3:44 PM
To: Tami Kochen <tami.kochen@pitkincounty.com>
Cc: ghorn@rof.net
Tami,
It is my understanding that you need a letter from me stating how the acquisition of a side-by-side UTV from funds given
by Andrew and Jeanne Doremus would be beneficial to the Aspen Highlands neighborhood. When I was first approached
about what fire infrastructure could benefit that area my first thoughts were of wildfire and access. The neighborhoods off
Maroon Creek Rd fall into what we call the Wildland Urban Interface, meaning they have a higher probability of a wildland
fire and given the topography they also lack ease of access in the event of an emergency. Such a vehicle is more
maneuverable and can utilize the area's single and double track trails for suppression, evacuation, and emergency
response, things our current resources may be limited at if access is restricted. This would be a vital link if Maroon
Creek Rd were ever cut off by an emergency by providing a means for service that we currently lack. These funds
provide a great opportunity to help protect the lives and property of not just that neighborhood but the many
neighborhoods in our district that suffer from the same or similar wildfire and access challenges. Please let me know if
you have any questions or need more clarification. Thanks
Parker Lathrop
Deputy Chief/ Fire Marshal
Aspen Fire Protection District
420 E Hopkins Ave
Aspen, Colo 81611
970.925.5532
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ATTACHMENT C
Davis Horn•
PLANNING & REAL ESTATE CONSULTING
December 6, 2016
Tami Kochen
Pitkin County Community Development
130 South Galena Street
Aspen, Colorado 81611
Re: Doremus Subdivision & Planned Unit Development—Exceptional Benefits for Site
and Surrounding Parcels
Dear Tami:
We represent Andrew and Jeanne Doremus, Applicant, for the Doremus Subdivision& Planned
Unit Development(PUD). Thank you for calling me last week to express your concerns
regarding the possible failure of the proposed common open space to meet the Land Use Code
PUD standards and for meeting with me this morning to discuss the issue further.
As I said yesterday, I have met with Andrew and Jeanne and they want to continue to pursue
approval for the PUD rather than abandoning their request for PUD approval. We are studying
the Baldwin Tract and will prepare a plan to increase the size and configuration of the proposed
common open space to meet the Code language which you have referenced that there are
"exceptional benefits" associated with the"protection of desirable open space in Urban Areas."
The Applicant has carefully reviewed the PUD section of the Code (3-70-30) in its entirety and
believes the PUD designation is an effective planning tool which is ideal for the Doremus' parcel
which is essentially an infil12.4 +/-acre site surrounded by developed subdivided lots. The PUD
designation allows for variation in standards to preserve unique site features which will result in
"exceptional benefits" for site development and the neighboring properties. The County
planning staff has focused on the words"exceptional benefits"interpreting it to mean the open
space being preserved must be"exceptional." The Applicant disagrees with this Code
interpretation. We believe that the preservation of the desirable open space enables the Applicant
to develop a PUD which results"exceptional benefits"for the subject site and adjoining lots.
The Code language which the staff has cited appears below.
"(b)Uses of PUDs
Planned Unit Development designations are used in Pitkin County only to
achieve exceptional benefits in three ways critical to the implementation of
the Pitkin County Comprehensive Plan:
ALICE DAVIS AICP S GLENN HORN AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN,COLORADO 81611 • 970/925-6587 • FAX:970/925-5180
adavis@rof.net ghorn@rof.net
ATTACHMENT C
(1) Preservation of rural character and/or desirable open space in Rural
Areas, and/or;
(2) Protection of desirable open space in Urban Areas; and/or
(3) Provision of Affordable Housing in Urban Areas.
The PUD designation may not be used to obtain variations from the
requirements of the underlying zone district in return for additional
amenities or benefits in ways other than rural character preservation, open
space protection, or affordable housing."
The PUD section of the Code needs to be considered in its entirety. In addition to focusing on
the preceding language, one must also consider Section 3-70-30 i. 2. of the Land Use Code
which establishes Criteria for PUD approval in the Urban Area. These criteria are addressed
below. The criteria appear in bold followed by the Applicant's responses.
(a) The proposed development(i) preserves and if possible enhances unique site features,
and (ii) preserves and protects more open lands in their natural state than would be
required by the underlying zone district.
The Applicant is seeking PUD approval so that the new house proposed to be developed on Lot 2
can be located proximate to Glen Garry Drive and avoids necessitating the removal of the
healthy stand of Aspen trees located on the north side of the lot which borders the existing lawn.
There is not a minimum open space requirement in the R-30 zone district. The Applicant's
proposal to create common open space via the PUD exceeds the open space standards of the
underlying R-30 zone district.
(b) The proposed development includes adequate open space for the mutual benefit of all
residents and tenants of the proposed development, including residents of on-site
affordable housing.
Lot 2 is proposed to contain approximately 21,000 square feet of land which is less than the
minimum lot size in the underlying R-30 zone. The Applicant is proposing to reduce the lot size
below 30,000 feet to preserve the significant stand of Aspen trees located north of the proposed
house site which borders the existing lawn. There will not be enough flat land available on Lot 2
for a garden because the lot size has been reduced. In order to address this concern, the Applicant
is proposing to develop small gardens in the common open space parcel for the mutual benefit of
the owners of Lots 1 and 2. There will be enough flat land and abundant sunshine to develop
small vegetable gardens.
(c) The proposed development includes adequate provisions for maintenance of common
open space, and such provisions shall be included in a signed agreement between the owner
and the County.
ATTACHMENT C
The PUD agreement will include adequate provisions for maintenance of the common open
space. Additionally, the PUD agreement will include provisions for connections to water service
for the proposed gardens. Section 3-70-30 c.5. of the Code requires the PUD to contain
"common useable open space."The development of small vegetable gardens in the common
open space complies with this standard.
(d) The advantages to the County of the additional protection of desirable open space
provided by the proposed development significantly outweigh any disadvantages to the
County created by any variations in standards that would otherwise apply to the property.
The Applicant is proposing to vary the front yard setback on Lot 2 from 30 feet to 15 feet. The
Applicant is seeking to establish a maximum permitted floor area on Lot 2 of 4,750 square feet
based upon the floor area methodology for PUDs. The protection of the desirable common open
space outweighs any disadvantages associated with the variations to the standards which would
apply to the property given the underlying R-30 zoning.
There is an additional benefit associated with the PUD: there will be an architectural review of
the proposed house on Lot 2 and if the house on Lot 1 is ever redeveloped it will also be subject
to architectural review. The architectural review requirement is a significant benefit to the lots
which border the proposed subdivision: there are six lots in the Aspen Highlands Subdivision
which surround and overlook the proposed Doremus Subdivision and PUD. The architectural
review will insure the visual character of the neighborhood is protected as provided for by the
Code's PUD standards.
Please be sure to include this letter in the Planning and Zoning Commission's packet for the
meeting on December 13. The Applicant is working on increasing the size and configuration of
the common open space as well as identifying locations for the gardens. We plan on presenting
the revised common open space plan to the Planning and Zoning Commission and will share it
with you if it is completed prior to the meeting next Tuesday.
Thanks again for working with us to improve the land use application to comply with the Land
Use Code.
DA IS HORN NCORPORATED
GLENN HORN AICIP
cc: Planning and Zoning Commission
ATTACHMENT D
Davis Horn•
PLANNING & REAL ESTATE CONSULTING
December 7, 2016
Tami Kochen
Pitkin County Community Development
130 South Galena Street
Aspen, Colorado 81611
Re: Doremus Subdivision & Planned Unit Development
Dear Tami:
We represent Andrew and Jeanne Doremus, Applicant, for the Doremus Subdivision & Planned
Unit Development (PUD). As we discussed,during the land use review process we determined
the existing car port located on Lot 1 was developed without a building permit. The Applicant
would like to amend the Subdivision and PUD application to obtain land use approvals for the
carport. We are planning to submit a residential Growth Management Quota System (GMQS)
application in January seeking additional floor area for the existing carport.
The attached survey depicts the location of the carport and topography for the area surrounding
the carport. The mapping shows the carport has been well located on a flat spot between land
forms to the north and south. It is not visible from Maroon Creek Road, Glen Gary Drive or
neighboring lots. The Applicant requests the side yard setback to be varied as part of the PUD
process to accommodate the carport in this location.
Please contact me if you have any questions or comments related to the carport.
Thank you.
DAVIS HORN INCORPORATED
GLENN HORN AICIP
ALICE DAVIS AICP S GLENN HORN AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN,COLORADO 81611 • 970/925-6587 • FAX:970/925-5180
adavis@rof.net ghorn@rof.net
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77 \ \• OUND No.5 REBAR 29 ASPEN 11" 22' 7. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988(NAND 88) 2 B.
\ \ N57°09'04'E 120.10' _tail I 30 ASPEN 9" 18' REFERENCED FROM NATIONAL GEODETIC SURVEY(NOS)BENCHMARK STATION S 159 HAVING AN
"`��• 31 ASPEN 9" 18'
7 (N57'13'00'E 120.00') _ ELEVATION OF 7720.88.
/ \ `_ 33 ASPEN 9" 18' g. CONTOUR INTERVAL EQUALS 1 FOOT.
�� � � � 33 ASPEN 6" 12'
\ ' , /l/ • Ss�fssl. -_` 34 ASPEN 8" 16' 9. THIS PROPERTY IS SUBJECT TO GRANT OF EASEMENT FOR A PERPETUAL AVIGATION EASEMENT
`4 / I \\09•°S% - 35 ASPEN 7" 14' RECORDED JULY 8,1993 IN BOOK 717 AT PAGE 260.
/ \ ` ��k`9 _ __ _ 36 ASPEN 8" 16'
\\\• 7 8 9 613 yi 4 18,0�_ 8p65,/ / \_=..9 . _ 337 ASPEN 8 ASPEN 8`" 16' ��y`((4�;.'`'��'
LOT 5 \ 6 6 ,8 19/3038 4' \ _ _ 439 ASPEN 0 ASPEN 8`" 6' 0 \�Y/"\ \ 'By 35 36 •
/ OUND 1.0'WZINISS v♦S7 l{I
\ \• °, 43 42 ASPEN 6" 12' 'S,
\ \ 38 9 / 42
REBAR&11/4' � L) Z
\ 7 - / %OT0"_-- _, ORANGE PLASTIC 43 CONIFEROUS 8` 12'
\ `\ / _ CAP L519598 I I 44 ASPEN 9` 18' 'y 1'��
FOUND REBAR 61-1/4" '•- - 45 ASPEN 9` 18'
vELLow PELasnc,CAP 1 ',- -- - ti ,1 r / 46 ASPEN 8` 16' SURVEYOR'S CERTIFICATION >-V
IREBARLI I — -� _---- PARCEL 2 47 ASPEN 8` 16' W Q
I _ _�� \ I I I,RODNEY P.KISER,HEREBY CERTIFY TO ANDREW DOREMUS,THAT THIS IS AN"IMPROVEMENT
\ 111
48 ASPEN 6` 12' d' 0
I �' I SURVEY PLAY AS DEFINED BY C.R.S.38-51-102(9)AND THAT IT IS A MONUMENTED LAND SURVEY F-
1 --- -� 49 ASPEN 7` 14'
N09°01'2TVI 50.54 I \\ \\ I I 50 ASPEN g• 1g• SHOWING THE LOCATION OF ALL STRUCTURES,VISIBLE UTILITIES,FENCES,HEDGES,OR WALLS 'Z 'Q
CNOS'S6'00"W 50.34') y . I \\ \ SITUATED ON THE DESCRIBED PARCEL AND WITHIN FIVE FEET OF ALL BOUNDARIES OF SUCH PARCEL,
80
—- I I I 51 ASPEN 10" 20'
e0 ANY CONFLICTING BOUNDARY EVIDENCE OR VISIBLE ENCROACHMENTS.LINEAR ERROR OF CLOSURE IS 0
I - BO \\ LESS THAN 1:15,000. in O 0. O
J
o•,aoBS \ 1 I \ O''' RODNEY P.KISER,PLS NO.38215 EOM'T41 W 0 a (,)
„�,y / / COLORADO PROFESSIONAL LAND SURVEYOR _ %I' D Z��RII as
O-i F
LOT 15 LEGEND R> �so o o
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• - h.ham A F9 ¢l'I.5''
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SET RIBAR61-1/4" a \/ ,bb / iv: 15 pp�
YELLOW PLASTIC AP \ °�•"� / L€-1 ELECTRICAL METER LI O S� 1 W Z U.
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L538215 _ I h / ELECTRIC PEDESTAL NNIN FS'•��� (ti(�.JP a F'I- O
� \"���Yc- 1 � ❑ ATV PEDESTAL Ill S7p�A.....A.�Og G z(1) Q V
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. „ / / C,7 GAS MtItx W 1:1-r Z
\ ` \ N43°5281•'W 54.25'
\ CN44'14'00"W 54.50') POWER POLE �,
/ ❑iJ ELECTRICAL TRANSFORMER 0 W I—
GRAPHIC SCALE i \ o / SO SANITARY MANHOLE CLERK AND RECORDER'S CERTIFICATE Et I- p,
w o m 30 CO Im A=31°36'26" \\ 085 / / -- a-W
11
11 R=150.62' ❑ ❑ ❑ ❑ WOOD FENCE
- \ - ' OLND RESAR 61-1/4" / / THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY AT
L!, L=83.09' \ '.I.. YELLOW PLASTIC CAP of OVERHEAD POWER LINE O'CLOCK_.M.,ON THE_DAY OF A.D.2016,AND IS DULY RECORDED IN BOOK
CB=N60.11'47"W LS2376 / / C ) RECORD DATA PAGE RECEPTION N0. PROJECT NO.
( IN FEET) C=82.04' \ \N \\
I inch= 30 BE \\\ 2161721
SET REBARbl-1/4" �. \ / //
YELLOW PLASTIC CAP \
L538215 R.R.LN GAY CLERK AND RECORDER
NOTICE ACCORDING TO 00.060 OM DO LAW YOU MUST COMMENCE ANY LEGAL \ / / BY. DEPUTY
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WTHIN THREE YEARS (6,9 rafi 47- -WAY)
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION c
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE TIAN TEN \ \ \ \ / / / Of
YEARS FROM THE DATE OF CERTIFICATION SHOWS HEREON. /\ \