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HomeMy WebLinkAboutpitkin.planning.264309300014 (2017)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2643-09-3-00-014 Application Date: 7/4/17 Case No: P052-1 Description: Ruffin Minor Amendment to a Development Permit Planner: Mike Kraemer # Copies: 1 Allocated Hours: 3 Project Address: 182 DOC HENRY RD, WOODY CREEK, CO 81656 % Over Hours: 3.6 Property Owner: RUFFIN EDMUND C Address: 932 LASKIN RD Owner Phone: VIRGINIA BEACH, VA 23451 Owner's REP: GRAFTON SMITH Address: 187 W LUPINE DR REP's Phone: (970) 618-4521 ASPEN, CO 81611 REP's Email: grafton@graftonplanning.com Referrals: EH & NR REFERRAL Other Referrals: Comments Due Date: 08/25/2017 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 068-2017 #644066 Other Information: VR Approval Date: Plat Recorded Date: 12/27/2017 VR Expires Date: Plat (Bk, PG): B120 P73 #644070 Remarks: No vesting Application Type: Minor Amendment to a Development Permit DECISIONS RECEPTION#: 644066. R: $0.00, D: $0.00 DOC CODE: ADMIN DECISION Pg 1 of 4, 12127/2017 at 01:40:34 PM Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE PITKIN COUNTY, COLORADO COMMUNITY DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR RUFFIN MINOR AMENDMENT TO A DEVELOPMENT PERMIT Administrative Decision No. loa-2017 RECITALS Edmund C. Ruffin (hereafter referred to as "Applicant") has applied to Pitkin County Community Development Director ("Director") for a Minor Amendment to a Development Permit to amend a previously approved Activity Envelope and Site Plan to retain an existing septic tank that services an existing Caretaker Dwelling Unit (CDU) and single family residence and add a new septic pumping tank located adjacent to the existing septic tank. The approved leach field location will also slightly change. The Onsite Wastewater Treatment System (OWTS) for the property legally resides within the 100' setback of the Roaring Fork River and measures approximately 70 linear feet from the approximate high water mark of the Roaring Fork River. The Applicant requests to amend Plat Note #9 recorded at BK115 P47 that requires the existing Onsite Wastewater Treatment System (OWTS) be decommissioned upon completion of the new OWTS. The Applicant specifically requests that the existing septic tank be permitted to be retained in its current location and a new pumping tank would be added. The Applicant states that the existing septic field will be decommissioned and a new septic field that will service the residence and CDU will be located beyond the 100' setback from the high water mark of the Roaring Fork River and compliant with the previous approvals. 2. The parcel is located at 182 Doc Henry Road, Legal Description — Attachment A. 3. The parcel is zoned AR -10 and contains approximately 2 acres. 4. The parcel is developed with a permitted single family residence, garage, and Caretaker Dwelling Unit that was constructed in the mid 1990's. Total floor area for the parcel is approximately 7,421 square feet. The CDU was approved pursuant to BOCC Resolution No. 93-146. This resolution specified the CDU floor area at 385 square feet. Most recently, the property received Special Review approval for use of a Transferable Development Right (TDR), Activity Envelope, and Site Plan Review approval pursuant to Hearing Officer Determination No. 01-2016 (Rec. No. 631130). The Site Plan was recorded at BK115 PG47. The Environmental Health Department (EH) has reviewed the proposal which includes a site specific study and septic tank plan by a licensed OWTS installer. EH states that the existing septic tank and additional pumping tank as represented in the application is compliant with the current Pitkin County OWTS regulations and may occur with issuance of an OWTS permit. The Environmental Health Department also states that the amendment to the septic field is generally consistent with the configuration and location of the approved septic field located on the Site Plan recorded at BK115 PG47 and can be approved. Administrative Decision No. 2017 Page 1 of 4 6. The Director finds that the proposed additional septic pumping tank will not violate any standard located in Land Use Code Section 2-20-150(b) and the amendment request can be approved. Specifically, the request is consistent with previous actions taken, does not change the use of the land, does not constitute a new land development activity, does not endanger the health, safety, or welfare of the public, and does not violate any other Land Use Code Standard. The Director further finds that pursuant to Land Use Code Section 9-50-20(c) the existing OWTS legally exists within the 100' setback of the Roaring Fork River and that the septic pumping tank will have no additional impact pursuant to issuance of an OWTS permit. Septic field replacementlexpansion within this setback will increase the non -conformity and have additional impact and cannot be permitted. 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. The Applicant shall obtain all appropriate permits for OWTS construction. 3. Prior to submission of OWTS permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a 1' Amended Activity Envelope and Site Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1 and 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. The language contained in Plat Note #9 identified on BK115 PG47 shall be eliminated and replaced with the following: "The septic tank located within the Historic OWTS Envelope may be retained within its current location. A septic pumping tank adjacent to the existing septic tank may be permitted pursuant to issuance of an OWTS permit. The septic field located within the Historic OWTS Envelope shall be decommissioned upon construction and acceptance of the new septic field that is located outside the 100' setback". 4. 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. Administrative Decision No. �� 2017 Page 2 of 4 APPROVED AND ADOPTED this Aay of Ni) -,F — O 17. APPROVED AS TO CONTENT: CinK Houben, Community Development Director Parcel ID#: 264309300014 Case #P052-17 Administrative Decision No. tQs—�, 2017 Page 3 of 4 Attachment A Legal Description ATRACT OF LAND SITUATED IN LOTS 14AND 15 OF SECTION 9, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE ONE-QUARTER CORNER COMMON TO SECTIONS 9 AND 16, TOWNSHIP 9 SOUTH, RANGE 85 WEST BEARS SOUTH 65' EAST 1510.74 FEET; THENCE SOUTH 65' EAST 140.88 FEET; THENCE SOUTH 25@50'30" WEST 489.50 FEET TO A POINT IN THE CENTER OF THE ROARING FORK RIVER; THENCE NORTH 61@33; WEST 206.04 FEET ALONG THE CENTERLINE OF SAID RIVER; THENCE NORTH 30@10'30" EAST 450.29 FEET; THENCE NORTH 76@16' EAST 30.00 FEET TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. Administrative Decision No.� 2017 Page 4 of 4 APPLICATION MATERIAL PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY LOCATION: 182 Doc Henry Rd PID#:264309300014 ZONING: AR -10 OWNER: Edmund C Ruffin REPRESENTATIVE: Grafton Smith DATE: June 7, 2017 SIZE: 2.0 acres PHONE & EMAIL: 618-4521, GRAFTON(4graftonplanning.com PLANNER: Mike Kraemer 920.5482 Type of Application: Minor Amendment to a Development Permit Description of Project/Development: The Applicant is requesting to amend Hearing Officer Determination No. 1-2016 (Rec. No. 631130) and Site Plan Recored at 115 PG 47 for the purpose of allowing a septic tank to be replaced within the 100' setback of the Roaring Fork River. Laud Use Code Sections to be addressed in letter of request (application): Sec. 2-20-150(b): Minor Amendments to a Development Permit Sec. 7-20-80: River and Stream Corridors and Wetlands Review by: Community Development Director Public Hearing: No. Staff will refer the application to the following agencies: Environmental Health (Kurt Dahl) FEES: $1,437 (make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $975 (non-refundable; based on 3 hours of staff time for review); if staff review time exceeds 3.6 hours, the Applicant will be charged for additional time above 3 hours at a rate of $325/hour) o EH referral fee: $462 To apply, submit 1 unbound copy of the following information, unless noted otherwise: I. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 11"x 17" and 24" by 36" Activity Envelope and Amended Site Plan showing proposed conditions; 3. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 4. Parcel description, including legal description and vicinity map; 5. Total fee for review of the application; 6. Signed fee agreement (1 copy); 7. Consent from owner(s) to process application and authorizing the representative (1 copy) 8. Copies of this pre -app form NOTES. ➢ PLEASE SUBMIT ONE UNBOUND, SINGLE SIDED COPY OF YOUR COMPLETE APPLICATION. THU COPYSHOULD HAVE NO DOCUMENTS LARGER THAN 11 'X17" ALONG WITHA COMPLETE SET OF24"X 36"MAPS. ➢ THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED ➢ The Land Use Code and Land Use Application manual is available on- irie at: help✓Avww.nitkincowHv.com/468ICounty-Code ➢ Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2-20-100 of the Pitkin County Land Use Code A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. RUFFIN MINOR AMENDMENT TO A DEVELOPMENT PERMIT APPLICANT: Edmund C. Ruffin 300 32ND Street Virginia Beach, VA 32541-2968 PROPERTY 182 Doc Henry Road Woody Creek, Colorado 81656 REPRESENTATIVE: Grafton Smith E-MAIL: graftonCbgraftonplanning.com PHONE: 970 379-5823 PARCEL ID #: 2643-093-00-014 ZONE DISTRICT: AR -10 SIZE: 2.0 Acres:t PHONE: 970 925-7120 REQUEST. Mr. Ruffin, the Applicant, is requesting to amend his previous Hearing Officer Determination No. 1-2016 (Rec. No. 631130) and Site Plan Recorded at BK 115 PG 47 for the purpose of allowing a septic tank to be replaced within the 100' setback of the Roaring Fork River (see attached OWTS plan). PROPERTY: The Property is located near the end of Doc Henry Road just north of the Woody Creek Tavern and bordered on the northeast by the road and on the southwest the Roaring Fork River. There is a band of steep slopes just east of the river separating the small flat area of riverbank from the majority of the property up on the bluff, where the development on the Property takes place. The Walthem Ditch runs across the eastern edge of the Property at the Doc Henry end (see attached Vicinity Map & legal.) SUMMARY: In the application for the HO 1-2016 approval, it was proposed that septic tank currently located in the lawn area west of the residence be either removed or abandoned and a replacement be installed along with the leachfield in the area of lawn east of the proposed new garage. Subsequent to this approval it has come to light that the most practical design for the OWTS would have the septic tank remain in this area west of the house (within the 100 -foot stream setback) with the outflow being pumped up to the new field. In order to meet current OWTS standards a new tank will be installed (see attached HCE OWTS plan). As there has been a septic tank in this area since the 1970s, and definitely prior to the adoption of the 100 -foot stream setback standard, under the provisions of LUC Sections 9-30-10 and 9-30-20 this should be considered a legal non -conforming use and therefore be allowed to continued. An additional mitigating factor in favor of this request is that this non -conforming use is subterranean and therefore represents no practical impact, visually or otherwise. 3 Attached Exhibits: Review Criteria: Parcel Description: Vicinity Map and Legal Description. HCE OTWS Plan Proposed Amended Activity Envelope: HO 1/2016 Approved Activity Envelope HO 1-2016 Activity Envelope, Site Plan & CDUApproval Proof of Ownership: Title Commitment Cover Page Consent of Owner: by Edmund C. Ruffin Signed Fee Agreement: Signed by Grafton Smith as Authorized Representative Copy of Pre-Ap Conference Report: Ruffin Minor Amendment to a Development Permit PID 4:2643-093-00-014 y 2 REVIEW CRITERIA FOR SPECIFIED LAND USE CODE SECTIONS 2-20-150(6): AMENDMENTS TO DEVELOPMENT APPLICATIONS AND PERMITS (b) Minor Amendments Defined A minor amendment to any development application or permit is one that meets the following criteria, as determined by the Community Development Director: (1) Is consistent with action(s) taken during previous development approvals for the property; and Response: This proposed minor amendment is consistent with the HO Determination 1- 2016. (1) Does not change the use of the proposed development between residential, commercial and tourist accommodation uses; and Response: The HO 1-2016 was for a residential use and this minor amendment does not propose to alter this in any way. (3) Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; and Response: This proposed minor amendment to the previous approval will not alter the visual appearance of the previously approved structure. The proposed use is subterranean and as such represents no change in the basic visual appearance of the residence. (4) Does not constitute a new land development activity and Response: This propose amendment does not constitute a new land development activity. (S) Does not increase off-site impacts in the surrounding neighborhood; and Response: As the subject of this proposed amendment is a below ground septic tank it will not serve to increase the off-site impacts of the approved development in the surrounding neighborhood (6) Does not endanger the public health, safety or welfare; and Response: The septic system is being designed by a state certified engineer therefore this amendment will not endanger the public, safety or welfare. If anything, a new OWTS system will possibly serve to improve them. (7) Does not violate any Land Use Code standard: and Response: As there historically been a septic tank located in this area that later became subject to the 100 -foot stream setback standard, under the provisions of Section 9.30. 10 Authority to Continue the proposed amendment will not violate a Land Use Code standard. (8) Does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and Ruffin Minor Amendment to a Development Permit PID #:2643-093-00-014 5 Response: The approval of this proposed minor amendment will not increase any of these needs. (9) Does not increase the floor area of the use by more than five (5) percent or decrease Response: The approval of this proposed minor amendment will not increase the floor area of the residence beyond that previously approved in HO 1-2016. 7-20-80. RIVER AND STREAM CORRIDORS AND WETLANDS (a) Riparian and Wetland Areas and Buffers (1) PROTECTED FEATURES Each Site Plan shall idents each of the following features on the property. (a) "Blue line" perennial streams shown on U.S. Geological Survey maps ofthe area; and (b) intermittent streams or streambeds known or apparent from field study, with the exception of man- made waterways such as ditches and water features. (c) Isolated, natural wetland and riparian areas. Response: The Roaring Fork River crosses the southwestern boundary of the Property. (1) MINIMUM SETBACKS All activity and development shall maintain a minimum setback from the protected features identified in subsection (1) above. (a) All activity and development after the 5th of July, 2006 shall maintain a riparian arealwetland buffer of at least one hundred (100) feet, measured horizontallyfrom the identifiable high water line of each feature identified in subsections (a)(1)(a) and (b )above. This one hundred (100) foot setback may be reduced to between one hundred (100) feet and a minimum offtfy (50) feet upon demonstration by the applicant that such reduction shall not result in water quality degradation, stream bank erosion and/or a reduction in the quality ofriparian or wetland habitat. (b) All activity and development after the 5th of July, 1006 shall maintain a buffer of a minimum of twenty five (15) feet from isolated wetlands and/or riparian areas identified in (a)(1)(c) above. (c) All activity and development existing on the 5th of July, 2006 shall (i) maintain a riparian arealwetland buffer of at least fifty (50) feet from each feature identified in subsection (1) above to the maximum extent practicable, and (ii) not be extended or expanded further into suchfifty (50) foot buffer area. Response: The initial development on the parcel largely occurred in the 1970s with the last major remodel taking place between 1993 to 1996, well before the increase of the steam setback from 20 to 100 feet in 2006. While this 100 -feet setback does not extend all the way to the residence's footprint, it does encompass approximately 30' feet of lawn between it and the top of the steep slopes. This lawn area currently contains a sizeable portion of the residence's OWTS system including septic tank and vertical dry well tank. As this use is historic in manner, this use should be considered legally non -conforming and allowed to continue to be utilized per LUC Sections 9-30-10 & 9-30-20. (3) ADDITIONAL SETBACKS (a) Site Specific Factors in addition, some or all activity amUor development may be required to maintain an additional riparian arealwetland setback of up to fifty (5 0) feet from each feature identified in subsection (a)(1)(a) and (b) above — beyond the minimum setback in subsection (2) above. The width of any required additional setback may vary across different portions of the property, and the types of activities or development prohibited within the additional setback may also vary in different portions ofthe additional setback. Establishment of any additional setback requirement shall be based on an Ruffin Minor Amendment to a Development Permit PID #:2643-093-00-014 CA analysis of the following limiting factors during review of the Site Plan or Activity Envelope for the proposed development or activity: 1. Slopes adjacent to the protected feature equal or exceed thirty (30) percent. 2. Highly erodible soils or unstable streambank conditions are present. 3. The proposed use ofthe property presents a special hazard to water quality or wetlands (e.g.. storage or handling of hazardous or toxic materials). 4. The one hundred (100) year or intermediate regional food zone exceeds the minimum fifty (50) foot setback requirement. 5. Trees, shrubs, or other natural features that provide for streambank stability, habitat enhancement for aquatic environments, and riparian area protection exist, or to maintain pre - development riparian plants. 6. Habitat for plant, animal, or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service exists. 7. Habitat for plant, animal, or other wildlife species listed by the State of Colorado as rare, threatened, or endangered, species ofspecial concern, or species of undetermined status exists. 8. The area is needed to prevent or minimize food damage by preserving storm and food water storage capacity. 9. The area is needed to protect fish spawning, breeding, nursery and feeding grounds. 10. The area is needed to preserve areas ofspecial recreational, historical, archeological, scenic, or scientific interest. (b) Public Health and Safety In appropriate cases, a setback of greater than one hundred fifty (150) feet may be required by the Board of County Commissioners in order to protect the public health, safety and welfare. Response. None of the above apply in this particular case and therefore additional setbacks should not be required. (b) General Standards (1) All development and activity involving disturbance of the land shall be prohibited within the setbacks established in subsection (a) above, except as permitted by subsection (c) below. (2) in the event that an application is denied because there is no portion of the site where the proposed activity can take place outside of the required buffer areas, and an appeal is later granted pursuant to Sec. 2-20-180, or relief is granted pursuant to Secs. 2-40-90 or 1-40- 150, the proposed development shall be reviewed according to the mitigation standards in subsection (d) below. (c) Brceptions (1) Bridges, roads, paved and gravel trails, utility crossings, existing overhead utility lines, irrigation devices, water diversion facilities, culverts, food control structures, and other structures may be permitted in riparian and wetland buffer areas upon a finding that there is no feasible alternative location and that any adverse impacts will be adequately mitigated as required by subsection (d) below. (2) Bank stabilization and riparian restoration work may also be permitted in riparian and wetland buffer areas upon a finding that any adverse impacts will be adequately mitigated as required by subsection (d) below. (3) Development on lots in County approved subdivisions with designated building or development envelopes. (4) Development on lots in the Lazy Glen MHP SubdivisioWPUD may develop according to setbacks identified in the PUD approval. (5) Development on lots zoned VC or VR in the Redstone Historic Townsire shall maintain a minimum twenty (10) foot setback, measured horizontally from the identifiable high water line of each feature identified in subsections (a)(1)(a) and (b) above. (d) Mblgatlon Standards Any disturbance of the buffer area must be reclaimed by regrading and revegetation in accordance with the Pitkin County Revegetation Guide or as directed by the Pitkin County riparian expert, the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, or Colorado Division of Wildlife, and compliance with such standards shall be included as a condition of any approval. In addition, the following standards shall apply: (1) Utility corridors in buffer areas shall be located at the outside edge of the buffer. Ruffin Minor Amendment to a Development Permit PiD #:2643-093-00-014 (1) Access roads for utility maintenance shall be located outside the buffer area. (3) Access for utility maintenance in buffer areas should be at specific points rather than parallel to the utility corridor. (a) Development shall incorporate specific measures designed to reduce erosion and prohibit sedimentation; no development that will increase stream sedimentation and suspension loads shall be permitted. (5) Development shall comply with Sec. 7-20-30 and those stream setbacks contained in Table 5-1. (6) Removal or disturbance of vegetation in riparian and wetland buffer areas shall be avoided to the maximum extent practicable. (7) Areas where vegetation in wetland or riparian buffer areas is disturbed or removed shall be revegetated as quickly as possible, but in no event later than one growing season following conclusion of construction activities in the area. (8) Channelization ofstreams is prohibited; development shall be designed to fit the channel rather than allowing changes in the channel in order to fit the development. (9) Perennial stream channels shall be bridged whenever possible; when this is not practicable, culverts shall be designed to avoid plugging and prevent washouts. (10) Development shall not result in the raising of water temperatures. (11) No changes to any stream channel or its capacity shall be permitted; provided, however, that bridge abutments may affect the stream channel if they do not substantially encroach on the food channel and comply with other building permit conditions. (11) Development shall not result in sewage outfalls or point or nonpoint sources of organic and inorganic pollutants that have the potential to degrade water quality or to otherwise degrade the aquatic habitat. Response: The Applicant will comply with the above to the extent applicable with regard to the assertions in the above answer. Ruffin Minor Amendment to a Development Permit PiD #: 2643-093-00-014 C -i 0 RUFFIN VICINITY MAP 182 DOC HENRY ROAD R �f G r. J Legal Description: A TRACT OF LAND SITUATED IN LOTS 14 AND 15 OF SECTION 9, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE ONE-QUARTER CORNER COMMON TO SECTIONS 9 AND 16, TOWNSHIP 9 SOUTH, RANGE 85 WEST BEARS SOUTH 65' EAST 1510.74 FEET; THENCE SOUTH 65' EAST 140.88 FEET; THENCE SOUTH 25@50'30" WEST 489.50 FEET TO A POINT IN THE CENTER OF THE ROARING FORK RIVER; THENCE NORTH 61@33; WEST 206.04 FEET ALONG THE CENTERLINE OF SAID RIVER; THENCE NORTH 30@10'30" EAST 450.29 FEET; THENCE NORTH 76@16 EAST 30.00 FEET TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO Ruffin Minor Amendment: C. PID# 2643-093-00-014 1 GRAPHIC SCALE �o w45 Y.RM�Emlm // 1a MxP .F.V01xM yX / a e.xmm.rc ' m.RVYmnreL9K '� na wm.� / 1R1 ROAD [NIC 3 PARCELID:2643-09 00-014 / sm1MD.vvo WAY m,E L p A Ewsm UN nR AINw/.DSE 111 WYi TYPICAL AUTOCOURT SECTION x.T. 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W V/c,fD ,D 10.t M LLG1Eo ix � 1� DMI f.5F101R. loR W Y.63 RAa . -L .WENR 1.II 4PMm MLL BE TH DflWwY5..1 ,xfPE -o 1 . ¢ xo W.svfeA. a ale W o m m xw a mrFu m.ml RMF Ex,Fxom m vuut .mL4 OM X1dINliS. MD .RHO® .T R VOM W a u .CCF.SaL ERW MO`.E MOMI (Mlp REWw•➢) L F I, u CIAO R ML BFDWO YRRRI.I CDIV/.CR➢ i0 W � IC STNpYN MW,b1 DdalY. ]/.' Ol y = LB G4 Z2 a 1 SCx¢xm RDOI .cmr.I D mRf Mf V. Ila tlIb1W w.TG Ctll MD .S ¢ m AM] wREcrzo ar .f ¢DRax1DY urwn¢R. W i U x o F 0 mm0 TYPICAL TRENCH CROSS Z gn SECTION DETAIL D ; u m x.1.S 2 U 0 = a wmNr Yu. =mwY PRECAST CONCRETE WET WELL 3161031 MU -1 /I RUFFIN AMENDED ACTIVITY ENVELOPE & SITE PLAN 3e IPARCEL ID: 2643-093-00-0174 A TRACT OF LAND SITUATED IN LOTS 14 AND 15 q SECTION 9, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6TH P.M. m of COUNTY OF PITKIN, STATE OF COLORADO$ PROPERTY DESCRIMON: ' rc 3 / ^ MACE v+o anAMla x Eon M Sn M rc srnw v. 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T / / MmM �,� �� p5p Min County aeM1 am R"GNer HISTORIC!R1 eusa®n �r {/� OWT9 ENVELOPC ��,,' ', °.URIXGRALV � ,,� �owicw^xn^nn �� mn v• / '4 oppFgR ud nME^ isn \ 6.0 n.rw,' ice . o � S��t, R a C \ \` \ ��. / R ` Aeti O'SO {O{-.. O N d ACCESS/Fi y I \ LANDSCAPE y ENVELOPE: 'r �\ cd ZZ W J dIQ E O.OIE ACRES `V ZO WJJJ N HISTORIC&O. FNVEUIPE �°��. H`""P o m °z / LEGEN {�• un�oAnwx-E rs{ \ 3 r'yf �LTNOH�� SRO CR£ rz IL J J \( PROPERTY BOUNDARY �? �0 TCIi ^O f& O INN W 0 U d ' M61 / - m m m m m ACTIVITY ENVELOPE s MOOOT ` CREEX �xZe rWr W W / •���������• HISTORIC/ONTS ENVELOPE \ LANE LL Z W ACCESS ENVELOPE 1\ O &4w / SITE PROJECTNo. GRAPHIC SCALE � EXISTING CONCRETE 2161091 _ ' \ / EXISTING DRIVEWAY VICINRYAIAP 1 m em) �,K M,q a lm._ RR rs �'"�' PAGE 1/1 I LU.P.1 RECEPTION#: 631130, 08/03/2016 at 12:15:29 PM, 1 OF 11. R $0.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO DETERMINATION OF THE HEARING OFFICER OF PITKIN COUNTY, COLORADO, APPROVING THE RUFFIN ACTIVITY ENVELOPE, SITE PLAN REVIEW, SPECIAL REVIEW FOR A TDR RECEIVER SITE, AND SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT Hearing Officer Determination No. 1 -2016 RECITALS 1) Edmund Ruffin (hereafter "Applicant") has applied to the Pitkin County Hearing Officer ("Hearing Officer") for approval to establish the property as a Transferable Development Right (TDR) Receiver Site and gain Activity Envelope/Site Plan approval to demolish the existing garage on the property and construct a new garage in an alternative location, enclose a covered walkway between the garage and the house, enlarge the Caretaker Dwelling Unit (CDU), create a circular auto court, enclose deck space on the southern portion of the residence, and rebuild the septic field. The entire residence will also receive a remodel. Total proposed floor area for the project is approximately 500 square feet. 2) The parcel is located at 182 Doc Henry Road, Legal Description — Attachment A. 3) The parcel is zoned AR -10 and contains approximately 2 acres. 4) The parcel is developed with a permitted single family residence, garage, and Caretaker Dwelling Unit that was constructed in the mid 1990's. Total floor area for the parcel is approximately 7,421 square feet. The CDU was approved pursuant to BOCC Resolution No. 93-146. This resolution specified the CDU floor area at 385 square feet. 5) The Hearing Officer finds that the request complies with the applicable provisions of the Code for Activity Envelope and Site Plan Review, as follows: A. The envelope contains slopes of less than 30%, with the exception of a 3' wide staircase leading down to the Roaring Fork River that may remain and receive maintenance and repairs, but may not be expanded. B. The wildfire hazard is rated as low, and can be mitigated pursuant to the provisions of Sec. 7-20.60(c) of the Codc and the attached wildfire report. C. The lot is not mapped within any big game ranges. D. The lot is within the mapped Scenic View Protection Area as seen from Hwy 82. The future additions and existing residence will be required to utilize indigenous earth tone colors and non - reflective roofing. 6) The Hearing Officer further finds that the parcel meets the Special Review criteria to receive one (1) TDR for additional floor area of approximately 500 square feet. The balance of the TDR will remain with the property for future use, subject to County Review and approval. 7) The Hearing Officer further finds that the parcel meets the Special Review criteria to increase the size of the existing CDU from 385 square feet of floor area to a maximum of 1,000 square feet of floor area. NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Ruffin Activity Envelope and Site Plan Review, Special Review for Page I of 7 Hearing macer Determination No. A_ -20/6 Page 2 a TDR Receiver Site, and Special Review for a CDU, subject to the following conditions, which shall run with the land and be binding on all successors in interest. I ) The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. Only this Administrative Decision and accompanying recorded Site Plan will need to be submitted at building permit submittal. 2) Prior to submission of any building permit applications for the new residence, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope and a Minor Plat Amendment in accordance with Land Use Code Section 2 -30- 20(g) -30.20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation and incorporate the following changes: A. Remove patio, decks, and any other development within the 100' setback from the Roaring Fork River with the exception of the existing staircase and sitting area next to the River. B. A note shall be placed on the Site Plan that indicates that the existing septic field and tank will be decommissioned. 3) The Applicant shall comply with all standards for development within Scenic View Protection Areas as represented in the application and approved in this Determination. The exterior of the buildings 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. Material samples indicating the color of the future residence shall be provided at building permit submittal. 4) Additional floor area from a base of 7,421 square feet requires use of a TDR. 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), in order to develop up to approximately 500 square feet of floor area. It is acknowledged that final floor area calculations have not be reviewed by the Zoning Officer and that the additional floor area approved under this Determination may slightly vary. Final floor area calculations will be determined at building permit submittal and review. 5) The existing staircase and sitting area within the 100' setback of the Roaring Fork River may remain. The Activity Envelope shall be drawn to within I' of the existing outside dimensions of the staircase and sitting area The staircase and siting area may not be expanded and may only be maintained and/or repaired. 6) If the bridge over the Walthen Ditch is rebuilt, specifications of that bridge shall be approved by the Walthen Ditch manager. 7) At building permit submittal for the remodel and additions, the Applicant shall: A. Submit an access permit for the driveway, which shall be approved by the Planning Engineer and Aspen Fire Department. B. Submit a fireplace/woodstove permit to 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. If the total development disturbs one acre or Page 2 of 7 l� Hearing Officer Determination No. -1016 Page 3 more, the Applicant shall apply for and obtain a State Stormwater Permit. All historic and natural drainage patterns shall be maintained. D. Submit an on-site wastewater treatment system (OWTS) construction permit. E. Submit a construction management plan for review and approval by the Planning Engineer. F. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes and landscape plan. 8) At building permit issuance, the Applicant shall: A. Pay the applicable road impact fee; B. Pay the applicable employee housing impact fees 9) The Applicant shall obtain an Earthmoving, Clearing and Grubbing Permit for all pond, water feature and landscaping improvements that move more than 50 cubic yards of soil. The permit application shall address all State requirements; document water rights; provide engineering of all overflow structures, recirculation systems, etc. 10) The property shall comply with the recommendations outlined by the County Certified Wildfire Expert viewed in Attachment B and consider those recommendations conditions of approval. The Applicant shall also comply with the following conditions: A. The property shall comply with all requirements of the Aspen Fire Protection District. B. The residence shall be sprinklered unless otherwise determined by the Chief Building Official. 1 1) The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Native vegetation shall be maintained outside of the activity envelope. B. Contractors/construction workers shall be required to provide bear proof containers for all edible and food related trash. C. 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. D. Wood rail perimeter fencing shall employ three rails or less, be the round or split rail type, shall not exceed 54 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between the lower two rails. E. 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. F. All non -conforming fencing on the property must be brought into compliance. G. No fruit -bearing trees and shrubs in any landscaping. H. Construction workers are prohibited from bringing their dogs on site. 1. All outside doors shall utilize only solid round handled door knobs, unless another type is required by the applicable Building Code for disabled accessibility purposes. 12) The CDU shall not exceed 1,000 net livable square feet of floor area, which shall count toward the total allowable floor area for the lot. The kitchen contains the following, as defined in the Aspen/Pitkin County Employee Housing Guidelines: a minimum of a two-bumer stove with oven, standard sink, and a Page 3 of 7 Nearing Meer Determination No. _ f _ -2016 Page 4 refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must measure at least 14"WX 16"DX5.25"H; refrigerator must be at least 5.3 cubic feet and include at least a.73 cubic foot freezer. The floor plan for the CDU shall be submitted to the County Housing Office for review. 13) Prior to issuance of building permit for the CDU, the Applicant shall, by covenant, guarantee that the caretaker unit: A. Shall not be required to be rented; B. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; C. Shall he limited to occupancy by not more than two adults and related children, who qualify as (and have been found by the Housing Office to be) employees of the community under such guidelines as may be from time to time established, or members of the owner's immediate family, even though they may not qualify as employees of the community; D. Shall be rented for terms not less than 6 months if rented. 14) County Housing Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above -referenced requirements. 15) The caretaker dwelling unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. 16) The provisions of this regulation are for the purpose of providing a voluntary CDU on a legally created lot or parcel in the County. Any unit approved under this provision of the Pitkin County Land Use Code shall not be used for mitigation of employee housing requirements as established elsewhere in said Code. 17) 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. 18) 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. 19) No development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 20) 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. Page 4 J 7 15- Hearing macer Determination No. —1---2016 Page 5 21) 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. 22) Statutory vested tights 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 2019. At Hearing Wicer Dwerminarion No. —f--1016 Page 6 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TBIIES WEEKLY on the 12' of May 2016. APPROVED AND ADOPTED this 15°i day of June, 2016. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklv on the day of3U 1 t , 20�_. ATTEST: � 3lcn,n « <Skl lgs Bonnie Shiles, Administrative Assistant APPROVED AS TO FORM: s John Ely, Court PID#: 264309300014 Case P037-16 COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OFPI COUN Y, LORADO ey Tom Smith,"PitkinCo'brity Ftefiring Officer Date 0 APPROVED AS TO CONTENT: / v A N Gl 04- Ciny Houben, IV I Community Development Director Page 6 of 7 Hearing Officer Determination No. J---20/6 Page 7 Attachment A Legal Description ATRACT OF LAND SITUATED IN LOTS 14 AND 15 OF SECTION 9, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE ONE-QUARTER CORNER COMMON TO SECTIONS 9 AND 16, TOWNSHIP 9 SOUTH, RANGE 85 WEST BEARS SOUTH 65' EAST 1510.74 FEET; THENCE SOUTH 65' EAST 140.88 FEET; THENCE SOUTH 25®50'30" WEST 489.50 FEET TO A POINT IN THE CENTER OF THE ROARING FORK RIVER; THENCE NORTH 61®33; WEST 206.04 FEET ALONG THE CENTERLINE OF SAID RIVER; THENCE NORTH 30®10'30" EAST 450.29 FEET; THENCE NORTH 76®16' EAST 30.00 FEET TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. OLSSON ASSOCIATES May 9, 2016 Grafton Smith Grafton Smith Planning 0187 West Lupine Dr. Aspen, CO 81611 ATTACHMENT Re: 182 Doc Henry Road - Wildfire Hazard Review Dear Mr. Smith: I visited the property at 182 Doc Henry Road in Pitkin County, on May 2, 2016 at the request of Mr. Grafton Smith. the Drooertv owner's representative. Mr. Smith reauested a review of existina conditions of potential wildfire hazards for compliance with the Land Use Code for a Site Plan Review. The property owner is proposing to modify the existing home, in essentially the same location. The property has two distinct hazard ratings- the location of the home is considered "Low Hazard" as the slopes are essentially level, and fuels are dominated by irrigated lawn and landscaping, with some large conifer trees. The home already has a good separation from landscaping conifer trees (see photos). There is an existing fire hydrant approximately 1,000 -feet from the home site, and a large pond is 200 -feet from the home site. The steep slopes to the west of the home are rated "High Hazard", given they are dominated by brushy fuels, and the slope is approximately 85°. No activity would occur on, or within aooroximately 30 -feet of this slope. The following Mitigations are recommended for any new construction. Defensible Space Replanted or existing vegetation around the homesite must adhere to the following: 1. Brush. debris and non -ornamental (i.e.. non-imaated) vegetation shall be removed within a minimum 10 -foot perimeter around the home and any above -ground propane storage tanks. 2. All branches from trees and brush within a 30 -foot perimeter shall be pruned to a height of 10 -feet above the qround with removal of ladder fuels from around trees and brush. 760 Horizon Drive, Suite 102 Grand Junction, CO 81506 47n 993 7Ann Grafton Smith Planning 182 Doc Henry Road, Wildlife Report Mav 6, 2016 3. No additional coniferous shrubs or highly flammable shrubs (i.e., sticky laurel (Ceanothus velutinus]) may be planted within 35 feet of the home. No shrubs of any species may be planted within 10- feet of the home- only grasses and forbs may be planted within 10 -feel of the home, given the desire to keep as many of the existing trees in the greater area Aspen trees are not advised for planting within 10 -feet of the home. While aspen generally do not contribute to fire behavior, they do hinder fire -fighting and structure protection efforts. Any shrubs within 35 feet of the home should be irrigated during the summer and fall to keep live fuel moistures high. 4. There should be no branches that extend over the roof eaves, and all branches within 15 -feet of chimneys shall be removed. 5. All deadfall or dead limbs out to the property boundaries, or 100 -feet, shall be removed. 6. No Flammable mulches shall be placed within 2 -feet of the residence. 7. The property owner shall be responsible for the continued maintenance of the above fisted vegetation requirements. If. Access 1 Tharp are nn fiial-ralatad across icaups at thic times III. Water Supply for Fire Safety The home is approximately 1,000 -feet from an existing hydrant, and 200 -feet from a large pond, hasad nn that 1. 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. 2. 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. The amount of storage capacity shall be determined by the fire protection district with a minimum of 1,000 gallon storage capacity per structure. it recommended. r11CFnn ACCnraatp.F Grafton Smith Planning 182 Doc Henry Road, Wildlife Report Mav 6, 2016 IV, Roofing Materials, Roofing Vents and Projections at and Below Roof Line a) Roofing Materials 1. Class A covering or Class A assembly as defined by the currently adopted building code is required. 2. No wood shakes or shingles 3. All other Building Code compliant methods and materials permitted. b) Roof Venting 1. Soffit venting shall be located in the outer 1/3b portion of the overhang (which may not be applicable for this home). 2. Attic, soffit and other roof ventinq shall be of non -corrosive metal mesh with maximum X" openings. c) Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: 1 Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. V. Maintenance and Miscellaneous Requirements 1. Roofs and gutters shall be kept clear of debris. 2. Yards shall be kept clear of all litter. slash and flammable debris. 3. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 4. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height of not more than six (6) inches. 5. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feel away from the structure. 6. Swimming pools and ponds shall be accessible by the local fire district. 7. Fences shall be kept clear of brush and debris. 8. Wood fences shall not connect to other structures. 9. Fuel tanks shall be installed underground within an approved container. 10. Each structure shall have a minimum of one len (10) pound ABC fire extinguisher. 11. Addresses shall be Beady marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible surface. The standards stated in 7-20-60 Wildfire Hazards, has been slightly modified for the conditions at this property. While no home is truly "fire proof, these recommendations are provided to improve defensibility of a home in the event of a wildfire. These recommendations are provided as minimum standards for defensibility, and long-term maintenance of fuel conditions would be necessary and under the responsibility of the homeowner to ensure defensibility. 0lscnn Assrxaatas Grafton Smith Planning 182 Doc Henry Road, Wildlife Report Mav 6. 2016 Thank you for the opportunity to comment on this property. Please feel free to call I you have any questions regardinq this report. Sincerely, Olsson Assnc:iates Eric Petterson Senior Bioloqist I Technical Leader Olsson As -t Jates Land Title Guarantee Company ,r�'^ Properly Report Land "lam Order Number: 62007020 uunsun¢ carvun •w.. 'roc. con This Report is based on a limited search of the county real property records and provides the name(s) of the vested owner(s), the legal description, tax information (taken from information provided by the county treasurer on its website) and encumbrances, which, for the purposes of this report, means deed of trust and mortgages, and liens recorded against the property and the owner(s) in the records of the clerk and recorder for the county in which the subject is loc ed. This Report does not constitute any form of warranty or guarantee of title or title insurance. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the Report, and no other person, and (2) the amount paid for the report Prepared For: EDMUND C. RUFFIN This Report is dated: 10-02-2015 at 5:00 P.M. Address: 182 DOC HENRY ROAD, WOODY CREEK, CO 81656 Legal Description: A TRACT OF LAND SITUATED IN LOTS 14 AND 15 OF SECTION 9, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE ONE-QUARTER CORNER COMMON TO SECTIONS 9 AND 16, TOWNSHIP 9 SOUTH, RANGE 85 WEST BEARS SOUTH 65' EAST 1510.74 FEET; THENCE SOUTH 65' EAST 140.88 FEET; THENCE SOUTH 25@50'30" WEST 489.50 FEET TO A POINT IN THE CENTER OF THE ROARING FORK RIVER; THENCE NORTH 61@33; WEST 206.04 FEETALONG THE CENTERLINE OF SAID RIVER; THENCE NORTH 30@10'30" EAST 450.29 FEET; THENCE NORTH 76@16' EAST 30.00 FEET TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. Record Owner: EDMUND C. RUFFIN We find the following documents of record affecting subject property: 1. WARRANTY DEED RECORDED JUNE 06, 1989 UNDER RECEPTION NO. 312158. 2. DEED OF TRUST RECORDED MAY 12, 2008 UNDER RECEPTION NO. 549084. *"*'*** * "" *PROPERTY TAX INFORMATION *****"•�"'"*'*'•"'*" PARCEL NO.: 264309300014 2015 LAND ASSESSED VALUE $159,200.00 2015 IMPROVEMENTS ASSESSED VALUE $136,030.00 2014 REAL PROPERTY TAXES PAID IN THE AMOUNT OF $8,146.88. Q3 To: Whom It May Concern From: Edmund C. Ruffin, 300 32nd Street — Suite 500, Virginia Beach, VA 23451 Re: 182 Doc Henry Lane, Woody Creek, Colorado Parcel ID Number: 2643-093-00-014. 1 hereby authorize Grafton M. Smith/Grafton Smith Planning to submit Activity Envelope and Site Plan Applications for my above listed Property and otherwise represent the above Property in matters concerning these and related land use issues. Please feel free to contact me at with any questions regarding the above. Date: s ay PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and EDMUND RU (hereinafter "APPLICANT") AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for a MINOR AMENDMENT TO A DEVELOPMENT PERMIT (HO DETER. 1-2016) (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 012-2016 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 $975.00 which is based on 3 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 J �� Edmund Ruffin ("APPLICANT" By: ' `Grafton Smith Planner Date:June 26, 2017 Mailing Address: Edmund Ruffin 182 Doc Henry Road Woody Creek, CO 81656 PIPKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY LOCATION: 182 Doc Henry Rd PHRk:264309300014 ZONING: AR -10 OWNER: Edmund C Ruffin SIZE: 2.0 acres REPRESENTATIVE: Grafton Smith PHONE & EMAIL: 618-4521, GRAFTONAgraftonolannina.com DATE: June 7, 2017 PLANNER: Mike Kraemer 920.5482 Type of Application: Minor Amendment to a Development Permit Description of Project/Development: The Applicant is requesting to amend Hearing Officer Determination No. 1-2016 (Rec. No. 631130) and Site Plan Recored at 115 PG 47 for the purpose of allowing a septic tank to be replaced within the 100' setback of the Roaring Fork River. Land Use Code Sections to be addressed in letter of request (application): Sec. 2-20-150(b): Minor Amendments to a Development Permit Sec. 7-20-80: River and Stream Corridors and Wetlands Review by: Community Development Director Public Hearing: No. Staff will refer the application to the following agencies: Environmental Health (Kurt Dahl) FEES: $1,437 (make check payable to "Pitkin County Treasurer") ■ Planning Office flat fee: $975 (non-refundable; based on 3 hours of staff time for review); if staff review time exceeds 3.6 hours, the Applicant will be charged for additional time above 3 hours at a rate of $325/hour) o EH referral fee: $462 To apply, submit 1 unbound copy of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 11 "x 17" and 24" by 36" Activity Envelope and Amended Site Plan showing proposed conditions; 3. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 4. Parcel description, including legal description and vicinity map; 5. Total fee for review of the application; 6. Signed fee agreement (1 copy); 7. Consent from owner(s) to process application and authorizing the representative (1 copy) 8. Copies of this pre -app form NOTES: ➢ PLEASE SUBMIT ONE UNBOUND, SINGLE SIDED COPY OF YOUR COMPLETE APPLICATION. THIS COPYSHOULD HAVE NO DOCUMENTS LARGER THAN 11 'X17" ALONG WITHA COMPLETE SET OF24"X 36"MAPS. ➢ THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPSSHALL BE FOLDED ➢ The Land Use Code and Land Use Applicadon manual is available on-line at: hunt//www.pitkincountv.coml469ICounN-Code ➢ Applicant wall be responsible for mailed and posted notice. Public Notice requirements are described in Section 2-20-100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. MISCELLANEOUS DOCUMENTS PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 August 14, 2017 Grafton Smith 187 West Lupine Drive Aspen, CO 81611 grafton@graftonplanning.com Re: Ruffin Minor Amendment to a Development Permit (CASE P052-17; PID 2643-093-00-014) Dear Mr. Smith: 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. If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Shiles Administrative Assistant PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Environmental Health FROM: Mike Kraemer, Community Development Department Michael.kraemer(&,pitkincount. Re: Ruffin Minor Amendment to a Development Permit (PID 2643-093-00-014; Case P052-17) DATE: August 14, 2017 Attached for your review and comments are materials for an application submitted by Edmund Ruffin. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, August 25, 2017. http://pitkincounty.com/DocumentCenterNiew/14082 If you require a paper copy of this application contact Bonnie Shiles at bonnie.shiles@pitkincounty.com or 920-5109. Thank you. PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00042622 Name: Thunder Construction Inc Date:7/5/2017 Project Address: 182 DOC HENRY RD Type: check #10097 Permit Number Fee Description Amount 0052.2017.PLAN PP- Flat Fee 975.00 0052.2017.PLAN PP- EH&NR Referral Fee 462.00 Total: 1,437.00 PLATS NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. RUFFIN FIRST AMENDED ACTIVITY ENVELOPE & SITE PLAN A TRACT OF LAND SITUATED IN LOTS 14 AND 15 SECTION 9, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO DRINTEWA.Y \ I PARCEL 1 > COATES/EUBANK / SUB. EX. LLA PLAT BK 88 PG 47 WOOD DECK7/ RECLAMATION AREA #5 REBAR & CAP L.S. #28643 - 73.45' W.C. A6103300" W GRAPHIC SCALE is 30 60 ( IN FEET ) 1 inch = 30 ft. �'-#5 REBAR & 11 CAP L.S. # 00 37935 TO BE 0h SET 173' W.C. N HISTORIC & OWTS ENVELOPE 45 REBAR & \ CAP L.S. # \ Y 37935 TO BE ,E: SET 10' W.C. \ 'S / FOUND 3 1/2" ALUMINUM CAP SOUTH QUARTER Y ROAD SECTION 9 L.S. #15710 1998 :K / moZ* BK 193 PG 378 PROPOSED GARAGE ACTIVITY ENVELOPE�- . SEAL WELL s, .......... RECEPTION#: 644070, R: $13.00, D: $0.00 PLAT BOOK 120 PAGE 073 Pg 1 of 1, 12/27/2017at 01:45:42 PM Janice K. Vos Caudill, Pitkin County, CO LEGEND PROPERTY BOUNDARY ACTIVITY ENVELOPE ■■■■■■■■■■■ HISTORIC/OWTS ENVELOPE Q� EXISTING CONCRETE EXISTING DRIVEWAY PARCEL ICT: 2643-093-00-014 PROPERTY DESCRIPTION: A TRACT OF LAND SITUATION IN LOTS 14 AND 15 OF SECTION 9, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE ONE-QUARTER CORNER COMMON TO SECTIONS 9 AND 16, TOWNSHIP 9 SOUTH, RANGE 85 WEST BEARS S 65'08' E 1510.74 FEET, THENCE S 65'39'E 140.88 FEET, THENCE S 25'50'30"W '480.50 FEET TO A POINT IN THE CENTER OF THE ROARING FORK RIVER; THENCE N61'33'W 206.04 FEET ALONG THE CENTERLINE OF SAID RIVER; THENCE N31'10'30"E 450.29 FEET, THENCE N7616'E 30.00 FEET TO THE POINT, OF BEGINNING. COUNTY OF PITKIN STATE OF COLORADO NOTES: 1. THIS PROPERTY IS SUBJECT TO RESERVATION, RESTRICTIONS, COVENANTS, BUILDING SETBACKS AND EASEMENTS OF RECORD, OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER NO. Q62007031, DATED EFFECTIVE OCTOBER 1, 2015. 2. THE DATE OF THE SURVEY WAS OCTOBER 16, 2015 AND MARCH 03, 2016. 3. BASIS OF BEARINGS FOR THE SURVEY ARE A BEARING OF N65'08'00"W BETWEEN THE SOUTH QUARTER CORNER OF SECTION 9, A 3.5" ALUMINUM CAP L.S. NO. 15710, IN PLACE AND A EASTERLY ANGLE POINT OF PARCEL 2 A REBAR AND CAP L.S. NO. 28643 IN PLACE. 4. ELEVATIONS ARE BASED ON A GPS OBSERVATION UTILIZING THE MESA COUNTY RTVRN NETWORK (1988 ORTHO DATUM) -4.87 FEET TO NGVD 29 DATUM YIELDING AN ON-SITE ELEVATION OF 7303.38' ON THE NORTHWESTERLY CORNER AS SHOWN. CONTOUR INTERVAL EQUALS 1 FOOT. 5. UNITS OF MEASURE FOR ALL DIMENSION SHOWN HEREON IS U.S. SURVEY FEET. 6. THE SURVEY WAS BASED ON THE WARRANTY DEED RECORDED IN BOOK 594 AT PAGE 399, PLAT BOOK 76 PAGE 53, PLAT BOOK 23 PAGE 66, DOCUMENTS OF RECORD AND CORNERS FOUND IN PLACE. 7. ACCORDING TO PITKIN COUNTY COMMUNITY DEVELOPMENT THE ZONING OF THIS PARCEL IS AR -10. 8. ACCORDING TO BOOK 195 PAGE 426, THIS PROPERTY IS SUBJECT TO AN UNDERGROUND GAS LINE EASEMENT AS SHOWN ON A MAP. NO MAP WAS FOUND ACCORDING TO THE SURVEY. 9. THE SEPTIC TANK LOCATED WITHIN THE HISTORIC OWTS ENVELOPE MAY BE RETAINED WITHIN ITS CURRENT LOCATION. A SEPTIC PUMPING TANK ADJACENT TO THE EXISTING SEPTIC TANK MAY BE PERMITTED PURSUANT TO ISSUANCE OF AN OWTS PERMIT. THE SEPTIC FIELD LOCATED WITHIN THE HISTORIC OWTS ENVELOPE SHALL BE DECOMMISSIONED UPON CONSTRUCTION AND ACCEPTANCE OF THE NEW SEPTIC FIELD. 10. THIS AMENDED SITE PLAN AMENDS THE SITE PLAN RECORDED AT BOOK 115 PAGE 47 (RECEPTION NO. 631132) FOR SEPTIC TANK CHANGES. DISCLAIMER Applicant acknowledges that he/she has been informed by Pitkin County of the existence of environmental hazard areas that might affect the property, any improvements, and the use and occupancy thereof, the provisions of the Pitkin County regulations do not in any way assure or imply that areas outside of designated hazard areas will a free fr9m hazards?that pprovad mitigation mea ,ill guarantee the safety of any property. Edmund Ru vvner PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR This Activity Envelope/Site Plan has been reviewed and approved by the Pitkin County Community Development Director this -%y" day ofDec- _, �11, subject to Administrative Decision No. recorded as reception No. PITKI COUNTY COMMUNITY DEVELOPMENT DIRECTORY 2 (P 41 S 093 00 of C 5E* .' P 03-�Z - 1-7 ACCEPTANCE FOR RECORDING This Activity Envelope/Site Plan has been accepted for filing in the office of the Clerk and Recorder of the Counntty of Pitki , Sta e of Colorado, at E * Lio'clock, m, this � day of �_aR plat book " t a v , page as reception am Pitkin County Clerk and Recorder aep L&,+ y VICIN[W MAP SCALE: 1 ; 300 PAGE 1/1 > L, o, Sa(" z Op w > JZp ¢O 00 O U� 4017, a �A }02M � deut i zuN z 001-2 �o 0)3 LURDXo BUJ O o oOO ;Z � 4_ dU m U to LLJ dmwZ 00 U ` m M m J J 'DO 0 ?' C XON .� DZT� ` CH Ro�DREEk � G00.0 �c9 00 fta ; WOODY CREEK LANE SITEW H H a VICIN[W MAP SCALE: 1 ; 300 PAGE 1/1 > L, o, Sa(" z Op w > JZp ¢O 00 O U� 4017, a UL a Op N 2 }02M � deut i zuN z 001-2 �o 0)3 LURDXo BUJ O o oOO ;Z � Ro;