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HomeMy WebLinkAboutpitkin.planning.273501402009 (2018)Parcel ID: 2735-01-4-02-009 Application Date: 9/18/18 Case No: P073-1 Description: Roadsend LLC Activity Envelope and Site Plan Review Planner: Suzanne Wolff # Copies: 1 Allocated Hours: 8 Project Address: 89 PITKIN WAY, ASPEN, CO 81611 % Over Hours: 9.6 Property Owner: ROADSEND LLC Owner's REP: KARATHOMPSON REP's Email: kthompson@forumphi.com Address: 3750 LAS VEGAS BLVD SOUTH, Owner Phone: LAS VEGAS, NV 89158 Address: 715 W MAIN ST, 204 REP's Phone: ASPEN, CO 81611 Referrals: COUNTY ATTORNEY REFERRAL Other Referrals: Pitkin Green Water District & HOA NONE FIRE DEPT -ASPEN PLANNING ENGINEER REFERRAL ASPEN CONSOLIDATED SANITATION ALL OTHER REFERRALS Comments Due Date: 11/23/2018 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 10/25/2018 Meeting Notes: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 016-2019 #654079 Other Information: VR Approval Date: 02/14/2019 Plat Recorded Date: 05/01/2019 VR Expires Date: 02/14/2022 Plat (Bk, PG): B125 P23-24 #655639 Remarks: Application Type: Activity Envelope Site Plan FORUM PHI 189 Pitkin Wav Site Plan A Authorization to Represent B Vicinity Map C Title Documents D Plat E Pre -app Summary F Site Utilization Maps / Site plan G Scenic View Protection H Civil Engineering Report I Geological Engineering Report J List of Property Owners within 300' K Agreement for Payment lication Aspen:h 15 p. in St, 2044 f. 866.770.558581611 Aspen: 715 W. Main St, #204 Aspen, CO 81611LA Basan: 104 Midland Ave, #202 Basalt, CO 81621 1 FORUM PHI 1 89 Pitkin Way Site Plan Application All development applications shall include, at a minimum, the information and materials described in this General Application Information section. During the pre -application conference, the Community Development Department staff may authorize modifications to the required submission contents. A copy of the signed Fee Agreement Form and a check for the amount of the estimated review fee as identified on the Pre -Application Conference Summary Form must also be provided at the time the Land Use Application is submitted to - - - - - - the Community Development Department. A copy of the current Fee Agreement Form and the Fee Schedule, upon which the development review fees are based, is included in the appendix of this manual. Applications involving more than one type of approval will need to incorporate the submission requirements for all applicable review types. However, efforts should be made to avoid duplication and the keep the application concise. 1.1 APPLICANT'S BACKGROUND INFORMATION A letter signed by the applicant containing the applicant's name, address, and telephone number, or, if applicable, the name, address, and telephone number of the representative See Exhibit A — Authorization to authorized to act on behalf of the applicant and a statement granting authorization to the Represent representative. 1.2 PARCEL DESCRIPTION AND VICINITY MAP 89 Pitkin Way The street address, and current legal description of the parcel on which the development Aspen, CO 81611 is proposed to occur and an eight and one-half inch by eleven inch (8'/z" x 11") vicinity Parcel Number: 273501402009 map locating the subject proert within Pitkin County' Directions for locating the property Legal Description: Pitkin Green - Lot 7, Block 1 from the nearest major intersection must also be provided. Directions: See Exhibit B — Vicinity Map 1.3 DEMONSTRATION OF LEGAL CREATION AND DISCLOSURE/PROOF OF OWNERSHIP The application shall include documentation that the property was legally established in accordance with the applicable laws in place at the time (See appendix __ for information See Exhibit C — Title Documents regarding the chronology of land use legislation governing subdivision, cumulation and merger). 1.4 LEGAL ACCESS Sufficient information to demonstrate that the application has adequate legal access to See Exhibit D - Plat the parcel from a public right of way for the development proposal. 1.5 STANDARDS REPORT Written text demonstrating that the proposed development complies with the applicable See below responses substantive review standards. 1.6 PRE -APPLICATION CONFERENCE SUMMARY SHEET A copy of the Pre -Application Conference Summary Sheet provided to the applicant after See attached Exhibit E - Pre -App the pre -application conference. Conference Summary 1.7 SITE UTILIZATION MAPS The required maps and other graphic exhibits are described in the Review -Specific Application Submission Requirements section of this manual. However, specific requirements may vary for each property and will be specified by the staff on the Pre - Application Conference Summary Form. The required site utilization maps must be provided in 24" x 36" format, except where noted otherwise by the staff, for the full number of application specified on the Pre -Application Conference Summary form. In addition, two of each of the required site utilization maps must be provided in 8'/2" x 11" format. The 24" x 36" site utilization maps must be folded to fit within a legal sized folder with the name of the application visible. Rolled site plans will not be accepted. 1.8 COPIES OF APPLICATION The number of required copies will be specified on the Pre -Application Conference Summary Form. See attached site utilization maps scaled per pre -application Exhibit F 1 copy attached per pre -application FORUM PHI 1 89 Pitkin Way Site Plan Application (a) General The administrative review procedure applies to decisions for which development permits may be the staff of the Community Development Department based solely on confirmation that the application complies with the standards contained in this Land Use Code. (b) Applicability The Administrative Review procedure is used for the types of decisions listed under Administrative Review in Table 2-1. Pre -Application Meeting Comply A pre -application meeting has been A pre -application meeting is require for Administrative Review applications. The Community established and a pre application was Development Director may waive the requirement of a pre -application meeting, or may issued following this meeting. See substitute a requirement for a pre -application communication other than a meeting, if the attached Exhibit E - Pre -Application director determines based on past experience, the applicant is knowledgeable about the requirements, procedures, and criteria applicable to the type of application being submitted. (g) Criteria for Approval (1) General In addition to the criteria in subsections (2) through (20) below an, application for administrative review shall be approved if it complies with (a) all applicable provisions of - - - - - - this Land Use Code, (b) all applicable Land Use Policies listed in Sec. 1-60, and (c) all prior development approvals applicable to the subject property. (2) Site Plan (a) A Site Plan shall be approved it it complies with the criteria in subsection (1) above and any Activity Envelope preciously approved for the property pursuant to Sec. 7-10-50. Where the property contains Constrained Areas, the Community Development Department staff shall follow those Priorities for Locating New Activity or Comply Development listed in Sec. 7-10-60. If an Activity Envelope has not been previously A site plan has been provided with established for the property pursuant to Sec. 7-10-50, one shall be established as this application outlining the intent of part of the Site Plan Review process. Use of TDRs for additional floor area to increase the activity envelope. house size above the base maximum outlined in Table 5-1 may be subject to special review approval, if required in Sec. 6-30-509(b), and shall be reviewed through the Site Plan process. Certain development may be exempt from Site Plan Review, pursuant to co, 7_in_,�n (b) The Community Development Director may approve a Site Plan or Activity Envelope, subject to the following procedures: (1) Notice of the application shall be provided as shown in Table 2-1 and as required in Sec. 2-30-100 (2) In addition to the information required by Sec. 2-20-100, the notice shall state that the Community Development Department will accept comments or objections regarding the application until a date at least two (2) weeks following the postmarked date of the mailed notice. The notice shall further state that if no objections are received by that date, the Community Development Department shall make a decision on the application pursuant to this Land Use Code. - - - - - - M (3) If no objections to the application are received by the date stated in the notice, the Community Development Department shall document the fact that no objections were received and shall make a decision on the application pursuant to this Land Use Code. (4) If any objections to the application are received by the date stated in the notice, the Community Development Department shall continue the application to a public hearing before a hearing officer. (3) ACTIVITY ENVELOPE An application for designation of an Activity Envelope shall be approved if it complies with the standards and criteria established in Sec. 7-10-50. If the applicant chooses to apply for definition of an Activity Envelope separately from approval of a Site Plan, the Activity Envelope shall be designed to accommodate the largest home anticipated and related septic field on the site pursuant to Table 5-1. Use of TDRs for additional floor area to increase house size above the base maximum outlined in Table 5-1 shall be reviewed through the Site Plan process. The definition of an Activity Envelope based on a maximum house size and septic field shall not create any presumption that a Site Plan for a house at the same size can or will be approved pursuant to this Land Use Code. The applicant may specify that the Activity Envelope is being created for a house smaller than the maximum allowed under Table 5-1, and in that event the Activity Envelope will be designed to accommodate a house and septic field of that size. Where the property contains Constrained Areas, the Community Development Department staff shall follow those Priorities for Locating New Activity or Development listed in Sec. 7-10-60. Actual siting of the septic field shall require final approval pursuant to the Environmental Health and Natural Resources On -Site Wastewater Treatment System regulations. Certain development may be exempt from Site Plan Review, pursuant to Sec. 7-10-30. The procedure for approval of an Activity Envelope shall be the same as specified in subsection (2)(b) above. Comply A site plan has been provided with this application outlining the intent of the activity envelope. 5 FORUM PHI 1 89 Pitkin Way Site Plan Application SECTION 4-30-50(i): SOLAR ENERGY COLLECTOR FORUM PHI 1 89 Pitkin Way Site Plan Application FORUM PHI 1 89 Pitkin Way Site Plan Application (a) The intent of this Chapter 7 is to allow activities and development to take place where they comply with the provisions of this Land Use Code and with the Pitkin County Comprehensive Plan for the area. Compliance will generally involve avoidance of "Constrained Areas" through the identification of an "Activity Envelope," as well as approval of a Site Plan. For purposes of Chapter 7, "Constrained Areas" include all areas included in each of the following categories, as defined and regulated by this Land Use Code: (i) Areas of Statewide Interest listed in C.R.S. 24-65.1-101 et. seq.), (ii) steep and potentially unstable slopes, (iii) water courses, drainage channels, and areas subject to erosion, (iv) floodplain hazard areas, (v) geological hazard areas, (vi) severe or low to moderate wildfire hazard areas, (vii) wildlife habitat areas, (viii) river and stream corridors and wetlands (ix) irrigated lands for food or crop production, (x) historic preservation areas, and (xi) archeological resource areas. (b) The Site Plan process incorporates an "Activity Envelope" approach in which the County staff works with the applicant to determine which portions of the site (if any) would permit the proposed activity or development to be conducted in compliance with this Land Use Code and in conformity with the Comprehensive Plan for the area. In general, this process will involve both a determination of (i) which portions of the site are not available for development because of the existence of Constrained Areas, and (ii) of the remaining portions of the site, which areas would accommodate the activity or development so as to minimize impacts on surrounding properties, maximize compliance with the requirements of the development standards in this Chapter 7, and maximize compliance with the Comprehensive Plan goals and objectives. (c) In general, the defined Activity Envelope for development of primary uses shall be large enough to accommodate the proposed principal use of the property and traditional permitted accessory structures, infrastructure (roads and septic systems), and uses, but should not be significantly larger than the area needed for such structures. In the case of a site with few Constrained Areas, the defined Activity Envelope may include more than one potential building site for a new single family home. The defined Activity Envelope may include non-contiguous areas (including separate areas for septic fields, landscaping, driveways to public roads, mitigation measures required in connection with any provision of this Chapter 7, and/or areas to be disturbed only during construction on the property — including staging areas and materials storage areas). Construction of trails will not require an Activity Envelope analysis except as required by Sec. 7-20-50. Comply The proposed activity envelope has been located in the most developable area on site, avoiding constrained areas to the maximum extent possible, while still providing for use with adequate safety. (d) Clearing, grading or grubbing of two hundred (200) square feet or more in area, Comply earthmoving of fifty (50) cubic yards or greater, or changes in the natural drainage of the No clearing, grading, or grubbing will site shall occur only after an Activity Envelope has been defined and all applicable local, occur until after the activity envelope state and federal permits have been obtained. In addition, Site Plan Approval is required if has been defined through the proper these activities will occur on a property within a Scenic View Protection Area and the permits and the site plan has been development is not exempt pursuant to Sec. 7-20-120 (c). approved. (e) Activity Envelope and Site Plan Review for a Stream Restoration Project shall Comply adhere to all development standards in 7-20-40 and 7-20-80 and shall be reviewed by the Not Applicable. The project is not BOCC as set forth in Table 2-1. designated for stream restoration. (f) Once an Activity Envelope has been defined, the natural grade, topography, vegetation and drainage of areas outside the defined areas shall not be disturbed except as specifically permitted in this Land Use Code. Prior to any development activity on the parcel, the boundaries of the Activity Envelope shall be identified with construction fencing, and such fencing shall remain in place until development has been completed. (g) While it is preferable to obtain approval of an Activity Envelope as part of the Site Plan approval process, applicants who are not prepared to submit a Site Plan for a specific structure may request approval of an Activity Envelope separately. Prior to the issuance of a Development Permit, the applicant shall be required to apply for and obtain approval of a Site Plan confirming that the proposed development is consistent with the defined Activity Envelope and with other standards in this Land Use Code not considered at the time the Activity Envelope was defined. (h) The standards in this Chapter 7 shall be used (i) to identify the Activity Envelope on a property, (ii) to review and approve the Site Plan for proposed development, and (iii) to regulate development within the Activity Envelope pursuant to the Site Plan. Development Standards in this Chapter 7 which are to be reviewed as part of Activity Envelope and Site Plan review are set forth in Table 7-1 below. Comply Once an Activity Envelope has been defined, construction fences will be placed on the site. Nothing outside of the construction fence will be disturbed. Not Applicable This project is using the site plan approval process. 0 FORUM PHI 1 89 Pitkin Way Site Plan Application (a) Grading and Fill Placement Grading and filling on a site shall take place only within a defined Activity Envelope. All Comply grading and fill placement that exceeds fifty (50) cubic yards shall be indicated on the Site Grading and fill placement will take Plan. place within the defined activity envelope (b) Clearing, Grubbing, and Vegetation Removal Clearing or grubbing of land, or removal of vegetation shall take place only within an Comply approved Activity Envelope except for the removal of noxious weeds. Each Site Plan shall All clearing, grubbing and vegetation document compliance with the requirements of this Sec. 7-20-10(b) and Sec. 7-20- 130. removal will take place within the defined activity envelope (c) Protection of Natural Terrain The County Planning Engineer or Community Development Director shall suggest and may require design and construction techniques that lessen or mitigate any physical and visual damage caused by the proposed activity or development to Constrained Areas or to the natural terrain, stream vegetation, and other natural features of the landscape within the Activity Envelope. Techniques shall include, but are not limited to: (1) Revegetation Revegetation and reforestation utilizing native or similar horticultural material, to be completed during the first planting season after construction; where vegetation is removed, it shall be replaced with vegetation that will reach similar density and height to that removed within two (2) years following conclusion of construction. (2) Topsoil Removing and saving topsoil prior to any grading or excavating and replacement for vegetation (3) Weed Prevention Weed prevention, thistle management, and prohibition of non-native plants, which may include reducing animal damage to vegetation cover, as determined by the United States Soil Conservation Service Soil Survey (4) Utility Installation Locating and installing utilities in a manner minimizing damage to the natural environment and scenic quality. (5) Erosion, Sedimentation, and Storm Water Management (a) Land uses shall: (1) Not cause erosion problems and, if practicable, retain all soil on site; Comply The application will consider and include recommendations by the County Planning Engineer or Community Development Director regarding techniques to lessen or mitigate physical and visual damage caused by activity/development of the site. 10 (2) Minimize disturbance of natural vegetation and soil cover; (3) Ensure that all cuts and fills are adequately designed and vegetated to control erosion as well as stability of the slope area; (4) Ensure that natural drainage patterns are preserved and protected from increased water flows that subject existing channels and adjacent areas to increased erosion; and (5) Preserve natural vegetation and soil cover within those buffer distances adjacent to rivers, streams, lakes, reservoirs and wetlands/riparian areas established in Sec. 7-20-80. (b) Mitigation measures identified in an approved erosion, sedimentation, or storm water management plan shall remain in place until revegetation is viable. Comply The proposed design does not create any issues listed in this section and preserves natural vegetation to the extent possible 11 FORUM PHI 1 89 Pitkin Way Site Plan Application The following provisions shall apply whenever steep slopes or potentially unstable slopes Comply occur within the Activity Envelope, but do not apply when the Activity Envelope have been See attached Subsoil Study prepared defined to avoid such areas. by HP Kumar (a) Slope Delineation Slopes shall be delineated within the Activity Envelope with two (2) foot contour intervals. Slopes between each two (2) foot contour in each of the following categories shall be designated by a district graphic pattern. (1) Slopes that are fifteen (15) percent or greater, but less than thirty (30) percent; Comply The proposed activity envelope and 2 Slopes that are thirty 30 percent or greater, but less than forty-five 45 percent; site plan have defined areas of steep () p y ( ) p g y ( ) p and potentially unstable slopes with (3) Slopes that are forty-five (45) or greater contours and distinct graphic patterns for each slope. (b) Forty -Five (45) Percent or Greater Gradient (1) Where: (a) The lot is in a legally platted subdivision, recorded prior to 1972, and (b) There is no alternative building site that avoids areas of slope exceeding forty-five (45) percent, and Comply The lot is in the Pitkin Green (c) An engineer or geologist licensed in the State of Colorado demonstrates that the site Subdivision which was legally platted can be engineering so that there is no hazard posed by the location of development on in 1952. such slopes, and (2) As provided in subsection (c)(3) or (c)(4) below. (c) Thirty (30) Percent or Greater Gradient Development is prohibited on slopes with a slope gradient of thirty (30) percent or more, except as follows: (1) No Alternative Building Site Comply If there is no alternative building site available on the parcel with slopes of less than thirty I The proposed new structure is within (30) percent, development (but not roads or driveways) may be approved by the I the footprint of the existing structure Community Development Department through the Site Plan process subject to the following! and work is not proposed in any of development standards: I the areas on the site with a slope gradient of thirty (30) percent or more. (a) An engineer or geologist licensed in the State of Colorado shall be required to demonstrate that the site can be engineered so that there is no hazard posed by the location of development on such slopes. 12 (b) To the extent possible, the development shall be designed so as to: avoid adding water to the site that would cause decreased stability; avoid removing the toe of the slope without adequate mechanical support; avoid increasing the weight load on top of the slope; re -contour disturbed slopes so that they can be re -vegetated; avoid steepening of existing slopes. (c) Any development approved pursuant to this section shall be conditioned upon compliance with the engineer or geologist's recommended mitigation measures. (d) Following Site Plan review, and prior to the application for a Building Permit, a precise engineer or geologist approved mitigation plan shall be submitted by the applicant that shows the area of disturbed slope, any re -grading required and the exact size and location of all mitigation devices. The mitigation measures must be determined by the Community Development Department to be the least visually and ecologically obtrusive alternatives. (2) Parcels with Some Areas of Less than Thirty (30) Percent Slopes (a) If a parcel contains areas with less than thirty (30) percent slopes that are accessible by a road or driveway that meets the requirements of this Land Use Code, but such areas (after exclusion of Constrained Areas) are not large enough to develop the floor area permitted by underlying zoning, then areas containing slopes of less than thirty (30) percent must be utilized to develop as much of the floor area as can feasibly be accommodated. Areas containing slopes of thirty (30) percent or greater (but not exceeding forty-five (45) percent) may then be used for development of the remainder of the permitted floor area. The resulting area specified for development should define a contiguous area with slopes of less than thirty (30) percent to the maximum extent practicable. (b) Development on slopes equal to or exceeding thirty (30) percent (but less than or equal to forty-five (45) percent) shall be subject to the development standards in Sec. 7- 20-20(c)(1)(a) through (d)., and shall minimize disruption of natural terrain as viewed from any of those roads identified in Sec. 7-20-120(b). (3) Minor Slope Anomaly Through the Site Plan process, exceptions for minor changes in slope -development may be permitted on lands that have a slope equal to or in excess of thirty (30) percent when the slope is due to the presence of a minor natural or minor man-made change in the gradient of a continuous slope, provided that an engineer or geologist licensed in the State of Colorado demonstrates that the slope's ground surface is not prone to instability or failure and that the proposed development will not cause greater instability or increase the potential for slope failure. (4) Existing Roads and Driveway Through the Site Plan process, an exception for minor road and driveway improvements may be permitted to existing roads and driveways that traverse previously disturbed slopes equal to or in excess of thirty (30) percent, provided that the applicant demonstrates that all of the following conditions are met: Comply The proposed new structure is within the footprint of the existing structure and work is not proposed in any of the areas on the site with a slope gradient of thirty (30) percent or more. Comply The proposed new structure is within the footprint of the existing structure and work is not proposed in any of the areas on the site with a slope gradient of thirty (30) percent or more except for those slopes which are constructed [e.g. boulder retaining walls. See minor slope anomaly]. Comply The proposed new structure is within the footprint of the existing structure and work is not proposed in any of the areas on the site with a slope gradient of thirty (30) percent or more. 13 () gall a The road or drivewaywas le created, as demonstrated b i a valid co Comply y y ()py of the The existing roadway was permit for the road or driveway, or (ii) evidence that the road or driveway was constructed constructed prior to the foundation of prior to the County's road or driveway permit system in 1993, or (iii) that a permit was not the County's road and driveway required to construct the road or driveway. permit system in 1993. (b) The proposed use of the road is an existing legal use (i.e., if residential development is proposed, it shall be demonstrated that the road already services an existing, legal residential structure). The current use of the road or driveway shall not change between Comply residential, commercial, lodging or industrial use. No road improvements shall be permitted The proposed road is an existing pursuant to this provision to allow the development of any structure where there is no pre- legal use. existing, legal structure (e.g., a mining road or jeep road that provides access to a vacant parcel shall not be improved pursuant to this provision to create access to a new residence). (c) The improvements shall be limited to existing roads and driveways that traverse previously disturbed slopes equal to or in excess of thirty (30) percent and comply, or can: comply without impacting slopes equal to or in excess of thirty (30) percent, with the minimum requirements in the Pitkin County Road Management and Maintenance Plan for width, grade and curvature. New road and driveway improvements that traverse undisturbed slopes equal to or in excess of thirty (30) percent are prohibited. (d) The improvements shall be minor in scope and shall be the minimum required to Comply ensure the safety of both the general public and safety agency personnel. Improvements The improvements will not take place that may be permitted pursuant to this provision may include, but not be limited to, in areas that traverse undisturbed pullouts, turnarounds or grading, if the road or driveway otherwise complies with the :slopes equal to or in excess of thirty standards of the Pitkin County Road Management and Maintenance Plan. Improvements percent. that would create further impacts on slopes equal to or in excess of thirty (30) percent in E order to bring an existing road or driveway into compliance with the minimum standards of the Pitkin County Road Management and Maintenance Plan are prohibited. (e) An engineer or geologist licensed in the State of Colorado demonstrates that the slope's ground surface is not prone to instability or failure, and that the proposed improvements will not cause greater instability or increase the potential for slope failure. (5) Short Driveway Encroachments P' Not Applicable 14 Eleigge198tFate that the site eaR be eiggii9eeFed se that theFe is Re hazard posed by the adding wateF te the site in a n9anneF that weuld eause deeFeased stab' ity; aveid Feng- Not Applicable There are no proposed micro steepening ef existing slepes-, hydroelectric systems on the site. (7) Habitable Retaining Structures Through the Site Plan process, an exception for "habitable retaining structures" and similar types of construction may be permitted at the toe, or along the base of slopes equal to or in excess of thirty (30) percent, including slopes in excess of forty-five (45) percent. This section shall not modify other prohibitions on development including but not limited to those in Section 7-20-50 Geologic Hazards. This section is available only when all of the following conditions are met: (a) The property on which the habitable retaining structures are proposed to be built has previously been developed with a structure(s) that meets County Codes for human habitation and that was built pursuant to valid County land use approvals and building permits (as applicable). 15 (b) An engineer or a geologist licensed in the State of Colorado has provided a report demonstrating to the satisfaction of the BOCC that the site can be engineered so there is no hazard posed by the location of the proposed habitable retaining structures on such slopes. (c) The proposed structures shall be designed to function principally as retaining structures, but may also be permitted for human habitation. A habitable retaining structure that also meets the Code definition of a residential dwelling unit, or is a structure that would typically be accessory to a residential dwelling (such as a garage), or any structure that includes plumbing facilities shall not be allowed pursuant to this sub -section. (d) The proposed development at the toe or base of the slope shall be designed to avoid adding water to the site that would cause decreased stability or would increase the weight load on the top of the slope. (e) Slopes that are disturbed by the proposed development shall be recontoured so they can be re -vegetated, and a plan for such re -vegetation shall be provided which restores the exposed slopes to a stable, natural condition. (f) The proposed habitable retaining structures shall comply with the standards for retaining walls found in Section 7-20-20 (e) (6) of this Code as applicable, but shall not be subject to the limits on changing natural grade, the limits on graded, excavated or filled man-made slopes, and the guidelines for retaining walls found in Section 7-20-20 (e) (2), (3), and (5) of this Code. 110:111 1 Wr M� �a� _�r..nesrr_�ss�eR:r_ns�n_ 0 Comply The property has previously been developed with a structure that meets County Codes and was built pursuant to County land use approvals and building permits. The proposed development is located within the footprint of the existing structure and does not worsen the existing site conditions. See attached Subsoil Study prepared by HP Kumar - Exhibit I Comply Not Applicable. There are no Pitkin County Solid Waste operations carried out on site. 16 the State ef Ge'eFade that demenstFates that there will be ne hazard pesed by the peFeeRt `301 0 (d) Less than Thirty (30) Percent Gradient Development is permitted on slopes with less than a thirty (30) percent gradient Additional Standards (e) All activity and development on slopes with a gradient of thirty (30) percent or greater shall comply with the following standards. (1) Density Slope Reduction If more than thirty (30) percent of the total land area of parcel is encumbered with slopes of forty-five (45) percent or greater, the maximum permitted density of development on the parcel shall be reduced pursuant to Sec. 5-10-20. (2) Limits on Changing Natural Grade The original, natural grade of areas within the Activity Envelope shall not be raised or lowered more than four (4) feet at any point for construction of any structure or improvement, except: (a) The site's original grade may be raised or lowered a maximum of seven (7) feet if retaining walls are used to reduce the steepness of manmade slopes, provided that the retaining walls comply with the requirements set forth in this section. Comply Not Applicable. There are no Pitkin County Solid Waste operations carried out on site. Comply The proposed development is within an area with less than thirty percent grade Comply Comply The proposed grade of areas within the activity envelope complies with grading standards 17 (b) As necessary to construct a driveway from the street to a garage or parking area, grade changes or retaining walls up to seven (7) feet may be allowed. (3) Grading for Accessory Building Pads Discouraged Separate building pads for accessory buildings and structures other than garages, such Comply as tennis courts, swimming pools, outbuildings, and similar facilities, shall be discouraged There are no separate building pads except where the natural slope is twenty (20) percent or less. proposed. (4) Limits on Graded, Excavated, or Filled Man -Made Slopes (a) Where grading, excavation, or filling is necessary, grading, excavation, or filling to create slopes of twenty-five (25) percent or less is strongly encouraged. (b) Graded or filled man-made slopes shall not exceed a slope of fifty (50) percent. Comply E Due to the existing home on the site, (c) Cut man-made surfaces or slopes shall not exceed a slope of fifty (50) percent there is minimal cut and fil. The unless a soils engineering or a geotechnical report is furnished stating that the site has proposed amount of grading, been investigated and that in the opinion of a qualified professional a cut at a steeper excavation and manmade slopes slope will be stable and not create a hazard to public or private property. complies with these standards. (d) All cut, filled, and graded slopes shall be re-contoured to the natural, varied contour of the surrounding terrain. (5) Guidelines for Retaining Walls Use of retaining walls is encouraged to reduce the steepness of man-made slopes and to provide planting pockets conducive to revegetation. (a) Retaining walls may be permitted to support steep slopes but should not exceed four (4) feet in height from the finished grade, except for (i) a structure's foundation wall, or (ii) as necessary to construct a driveway from the street to a garage or parking area, or (iii) as otherwise expressly allowed by this Land Use Code. Comply E The proposed retaining walls creating (b) A retaining wall should not exceed seven (7) feet in height. Retaining walls greater ;the driveway area do not exceed 7' in than four (4) feet in height shall be supported by appropriate engineering and reviewed ;height and Engineering designs will be and approved by the County Engineer. provided with the Building permit. There are no more than 2 tiers of terracing. (c) Terracing should be limited to two (2) tiers. The width of the terrace between any two four (4) foot vertical retaining walls should be at least three (3) feet. Retaining walls higher than four (4) feet should be separated from any other retaining wall by a minimum of five (5) horizontal feet. Terraces created between retaining walls shall be permanently landscaped or revegetated with native vegetation. im (d) Retaining walls used to support existing road cuts may exceed (a), (b), and (c) of these guidelines. (6) Standards for Retaining Walls (a) Retaining walls shall be faced with stone or earth -colored materials similar to the Comply surrounding natural landscape. The proposed retaining walls are faced with stone (b) All retaining walls shall comply with the adopted building code, except that when any Comply provision of this section conflicts with any provision set forth in the adopted building The proposed retaining walls comply code, the more restrictive provision shall apply. with building code (7) Detention/Stormwater Facilities Where detention basins and other storm and erosion control facilities may be required, Comply any negative visual and aesthetic impacts on the natural landscape and topography shall There are no proposed be minimized to the maximum extent practicable. detention/stormwater facilities (8) Utility Cuts Comply Utility cuts on any slope with a gradient of fifteen (15) percent or greater shall be reviewed The proposed application will be through the Site Plan process. reviewed through the Site Plan process (9) Revegetation Required Any slope exposed or created in new development shall be landscaped or revegetated pursuant to the standards and provisions set forth in Sec. 7-20-130 as well as the revegetation standards in the Pitkin County Revegetation Guide, the Pitkin County Comply Landscaping Guidelines maintained by the Pitkin County Public Works Department, and The proposed landscape design the Roadway Landscaping Guidelines included in the Pitkin County Asset Management complies with revegetation standards. Plan, as applicable. In the event those documents contain inconsistent requirements with regard to a particular area of land, the stricter provision shall govern. (f) Exceptions Construction of non -motorized, public trails on land owned or held in easement by a public or non-profit organization shall be reviewed through the Site Plan process, but shall be exempt from the standards for development in Sec. 7-20- 20 (Steep and Potentially Unstable Slopes) and Sec. 7-20-50 (Geologic Hazards) provided that such trails shall be subject to any other applicable regulations of this Land Use Code and the following provisions: 19 (1) No non -motorized, public trail shall be permitted in steep and potentially unstable slope area that would subject occupants or users of the area to hazardous conditions; create or worsen such conditions affecting other developments, activities and lands; subject other persons or the County to dangers or expenses required to mitigate such hazardous conditions, respond to emergencies created by such conditions or rehabilitate the improvements, activities and lands. (2) All non -motorized, public trails in steep and potentially unstable slope area shall be constructed in such a manner as to mitigate the hazard to public health and safety or to property due to steep and potentially unstable slope hazards. Comply There are no public trails proposed on this lot 20 FORUM PHI 1 89 Pitkin Way Site Plan Application (a) Applicability The water resources standards in this Sec. 7-20-30 are applicable to all development. (b) Encroachment or Channeling Encroachment or channeling activities in a river, stream (including intermittent streams), Comply pond, wet meadow, or wetland are also subject to the requirements of Secs. 7- 20-40 and Not Applicable. The proposed activity 7-20-80 of this Land Use Code, as well as all other applicable state and federal statutes envelope does not encroach on any and regulations (including, but not limited to the U.S. Army Corps of Engineers permitting requirements of Section 404 of the Federal Clean Water Act). waterways. (c) Drainage (1) General Activities and development shall provide for: (a) Maintenance of historical flow patterns and runoff amounts to reasonably preserve the natural character of an area and prevent property damage attributable to runoff rate and velocity increases, diversions, unplanned ponding and/or storm water runoff; (b) The unimpeded flow of natural water courses and ditches; (c) Adequate drainage for all low points Comply Maintenance of historical flow patterns and run off amounts are intended to the greatest extent possible to preserve the natural character of the site. Comply Activities and development will provide for the unimpeded flow of natural water courses and ditches. Comply Adequate drainage will be provided for all low points. Comply (d) A drainage system designed to account for an entire drainage basin capable of The drainage system will be designed accommodating runoff from a proposed development and, where applicable, the runoff to account for an entire drainage from areas adjacent and upstream; basin capable of accommodating runoff from the proposed development. (e) Maintenance of drainage systems; and Comply Drainage systems will be maintained on a regular basis. Comply (f) On-site treatment of stormwater by use of best management practices designed to On -Site treatment of storm water will detain and allow infiltration of runoff prior to discharge to any water body. be designed to detain and allow infiltration prior to discharge. (2) Runoff Volumes 21 Comply Runoff volumes and peaks within a development site and in areas affected by runoff from Runoff volumes and peaks within the a development site shall not exceed the runoff levels attributable to the undeveloped site development site will not exceed the as determined by a professional engineer licensed in the State of Colorado. runoff levels as determined by a professional engineer licensed in the State of Colorado. (d) Groundwater Comply Activities and development shall not result in the introduction of any contaminants to Activities and development will avoid groundwater, or interfere with any recharge area or aquifer. and introduction of contaminants to groundwater and will not interfere with and recharge area or aquifer. (e) Irrigated Areas Activities and development shall: Comply (1) Not adversely affect the adequacy of water supplies available for the irrigation of Activities and development will not agricultural lands; and adversely affect the adequacy of water supplies available for the irrigation of agricultural lands. Comply Activities and development will not (2) Not adversely affect the exercise of any existing and decreed irrigation water right. adversely affect the exercise of any existing and decreed irrigation water right. (f) Irrigation Ditches Activities and development shall: (1) Access Provide for access to irrigation ditches by ditch owners and to the public if a ditch is to Comply be, or is part of the Pitkin County Open Space and Trails System or other public property. There are no existing public irrigation ditches located on the property. (2) Preventing Leakage Ensure that no building shall be constructed immediately downhill of a ditch unless the ditch can be placed in a culvert, lined, or otherwise treated to avoid leakage of water downhill towards the building. (3) Avoid Flooding Design land uses to avoid flooding problems from flood irrigation. (4) Avoid Seepage Comply No new structures will be constructed immediately downhill of a ditch. Comply The design will avoid floor problems from flood irrigation. 22 Comply Basements and soil absorption on - Place basements and soil absorption on-site wastewater treatment systems in locations site wastewater treatment systems where they will not be impacted by flood irrigation or seepage from irrigation ditches. will be placed on site so that they will not be impacted by flood irrigation or seepage from irrigation ditches. (g) Sedimentation Activities and development shall (1) Control During Construction Comply Provide adequate sedimentation control throughout all phases of development. Adequate sedimentation control will be implemented throughout all phases of development. (2) Sedimentation Comply Runoff will be prevented into all water Retain sediment produced by soil disturbances on site where the disturbance occurs and bodies, wetlands, and riparian areas prohibit run-off into any water body, wetlands, or riparian area. and sediment produced by soil disturbances on site will be properly retained. (3) Revegetation Revegetate clearing and grading as soon as possible, but in no event longer than one Comply growing season after conclusion of development on a site. Clearing and grading will be revegetated as soon as possible. (h) Water Quality (1) All land uses shall comply with those setbacks required by Sec. 7-20-80 and those Comply setbacks required by Table 5-1. All development will comply with Sec. 7-20-80 (2) Activities and development shall comply with all state and federal statutes and Comply regulations concerning the protection and enhancement of water quality (including but not All development will comply with all limited to the requirements of all state and federal permitting programs). state and federal statutes and regulations. Comply All development will be consistent with maintenance of the Stream (3) Activities and development shall be consistent with maintenance of the Stream Classifications for the Roaring Fork Classifications for the Roaring Fork River watershed, as identified in Section 208 of the watershed, as identified in section Roaring Fork Watershed Management Plan, and shall comply with state regulations 208 of the Roaring Fork Watershed pertaining to maintenance of those classifications. Management Plan and will comply with state regulations pertaining to maintenance of these specified classifications. (i) Efficient Water Use 23 Activities and development shall emphasize the most efficient use of water, including, to the extent permissible under law, the re -cycling and reuse of water. Comply All development activities will emphasize the most efficient use of water. 24 FORUM PHI 1 89 Pitkin Way Site Plan Application This section establishes the standards for development in wildfire hazard areas. The level of hazard is determined primarily by grade or slope and continuity of fuels. As a general guideline, low hazard is located on slopes of zero to twenty (0-20) percent with The proposed development is located discontinuous fuels; moderate hazard is located on slopes of ten to twenty (10-20) in a low wildfire zone. percent with continuous fuels, or on slopes greater than twenty (20) percent with discontinuous fuels; and severe hazard is located on slopes of greater than twenty (20) percent with continuous fuels. (a) Wildfire Hazards Map Areas of "Severe Wildfire Hazard" and "Low to Medium Wildfire Hazard" are designated on the Pitkin County adopted Wildfire Hazard Area Maps, which are maintained in the Community Development Department. However, the maps are only a general reference, and actual wildfire hazards shall be field verified. In the event field verification identifies areas of wildfire hazard not identified on such maps, the provisions of this Sec. 7-20-60 shall apply to such areas. In each case where an applicant's property is located partially or entirely within an area of "Severe Wildfire Hazard", a wildfire expert acceptable to the County, shall visit the property to evaluate the level of risk in more detail. The wildfire expert may confirm the levels of risk indicated on the Wildfire Hazard Area Maps, or may recommend that all or a portion(s) of the site be reclassified to a higher or lower level of wildfire risk. In addition, the wildfire expert shall make recommendations regarding any mitigation measures that should be implemented in light of the proposed activity or development, and such recommendations shall be considered by the County in the Site Plan process. (b) Wildfire Hazard Area Delineation and Activity Envelope If requested by the Community Development Department during a pre -application conference, the Site Plan shall delineate all areas of "Severe Wildfire Hazard" and "Low to Medium Wildfire Hazard" within the Activity Envelope and within one hundred (100) feet outside the Activity Envelope. In the case of varying hazard levels within the Activity Envelope, it shall be sufficient to label the entire Activity Envelope with the highest level hazard existing in any part of such area. The Activity Envelope should be designed to avoid areas of "Severe Wildfire Hazard", and to mitigate wildfire hazards in areas of "Low to Medium Wildfire Hazard" as set forth in this Sec. 7-20-60. All wildfire mitigation and creation of defensible space shall occur within the Activity Envelope. (c) Standards Applicable to All Wildfire Hazard Areas Development is allowed in wildfire hazard areas subject to conformance with the following development standards, (which may be varied upon recommendation by the wildfire expert), and conformance with the additional standards in subsection (d) as applicable. (1) Defensible Space (a) Brush, debris and non -ornamental vegetation shall be removed within a minimum ten - foot (10') perimeter around all structures. 25 (b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). (c) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. (d) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. Comply (e) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of I Proposed vegetation complies with ten (10) feet between the edges of the crowns, except for mature stands of aspen trees the standards noted in this section where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs! and down and dead materials shall be removed. (f) All branches that extend over the roof eaves shall be trimmed and all branches within; fifteen (15) feet of chimneys shall be removed. (g) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. (h) All deadfall up to a one hundred (100) foot perimeter shall be removed. (i) No new conifer trees shall be planted within ten (10) feet of a residence. @ No flammable mulches shall be placed within two (2) feet of a residence. (k) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. (2) Access (a) Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriff's Department, local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. Where feasible, looped routes of access/egress to a public road shall be incorporated in the design of a proposed development. Looped routes of access/egress is defined as two (2) or more dedicated access roads to the main artery/highway for widely separated ingress/egress; looped drives with one (1) entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Community Development Department may approve vehicular turnaround areas a maximum of seven hundred fifty (750) feet apart installed between the road intersection and its terminus. Turnaround areas shall be the same standard as cul-de-sac turnaround pads; these may be incorporated into the proposed driveway entries. Comply There are no new driveway roads proposed. The existing access has 26 (b) New dead-end streets shall not be permitted, except for cul-de-sacs and other been reviewed and approved by turnarounds accepted by the applicable local fire district. County Fire Dept (c) Cul-de-sac turnaround pads shall have a minimum of a thirty (30) foot drivable surface inside turning radius or a hammerhead or other turn area acceptable to the applicable local fire district. (d) New driveways and access roadway shall enter the roadway at a ninety -degree (90°) angle for the first twenty-five (25) feet of the driveway. (e) Fuel breaks as recommended by a wildfire expert approved by the County may be incorporated into the design of access roads or driveways. (3) Water Supply for Fire Safety (a) When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by the Community Development Department and the local fire district. (b) Any fire department recommendation for individual structure water supply and storage; shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district with a minimum of one thousand! Comply (1,000) gallon storage capacity per structure. ;There is access to a public or private pressurized water system. The fire (c) Regardless of size, all structures (including detached garages and horse barns) department has reviewed the water where humans congregate regularly that are located within areas identified as containing supply for the structure. The "C --Severe Hazard: Trees" or "X --Severe Hazard: Brush" wildfire hazard shall be required to proposed home will have a sprinkler install in-house sprinkler systems that meet the standards of the local fire protection stream district and the adopted Building Code. (d) All structures greater than five thousand (5,000) square feet in size shall be required to install in-house sprinkler systems that meet the standards of the local fire protection district and the adopted Building Code. At building permit submittal, the local fire protection district may require smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of proximity to fire protection services. (4) Roofing Materials, Roofing Vents and Projections at and below Roof Line Unless the wildfire expert has recommended a different method of construction, roofs and projections at or below roof line in Low, Medium and Severe Wildfire Hazard Areas shall be constructed according to the following specifications: (a) Low Hazard Area (1) Roofing Materials (a) Class A covering or Class A Assembly as defined by the currently adopted Building Code. Comply The proposed roof will contain a (b) No wood shakes or shingles. Class A covering. There are no proposed wood roofing materials (c) All other adopted Building Code compliant methods and materials permitted. 27 Comply The site is located in a low hazard area Comply The site is located in a low hazard area eeigs,. etn as "a" abeve. (4) R-a+l+r9gs n ateFo iis, eF f (e) A" glazing te be teFflpeiced glazing; and (6) Fe, , -& (d) All Hazard Areas Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Severe Wildfire Hazard Areas unless they comply with the following: (1) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. (2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. Comply The proposed roofs with less than a 3:12 pitch are to be constructed of (3) Protrusions above the roofline, such as parapets, shall be prohibited. non-combustible materials and will be installed as required per the adopted (4) Roofs shall be installed as required by the adopted Building Code and shall have a building code. minimum pitch of 1:48. (5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. (5) Maintenance and Miscellaneous Requirements Comply (a) Roofs and gutters shall be kept clear of debris. Roofs & gutters will be kept clear of debris (b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one- Comply fourth ('/4) inch maximum. Roof vents will be screened. 29 (c) Yards shall be kept clear of all litter, slash and flammable debris. Comply Yards will be kept clear. (d) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) Comply feet away from any structure. Flammable materials will be stored a min of 15' from the structure. Comply (e) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height Weeds/grasses within the 10' not more than six (6) inches. perimeter of the building will be no more than 6". (f) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) Comply feet away from the structure. Firewood will be located more than 15' from the structure. (g) Swimming pools and ponds shall be accessible by the local fire district. (h) Fences shall be kept clear of brush and debris. (i) Wood fences shall not connect to other structures. (j) Fuel tanks shall be installed underground with an approved container. Comply There are no proposed swimming pools or ponds. Comply There are no proposed fences. Comply There are no proposed fences. Comply Fuel tanks will be properly installed. (k) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space Comply vegetation mitigation around any aboveground tank. Any wood enclosure around the tank Propane tanks will be properly shall be constructed with materials approved for two (2) hour fire -resistive construction on installed. the exterior side of the walls. Comply (1) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. The structure will contain one ten pound ABC fire extinguisher. (m) Addresses shall be clearly marked with two (2) inch noncombustible letters and shall Comply be visible at the primary point of access from the public or common access road and The address will be marked at the installed on a noncombustible post. point of access. (n) Additional recommendations from the Colorado State Forest Service, the Pitkin County Comply Sheriff's Department, the local fire protection district and/or a person certified by the The development will comply with all Community Development Department as an expert in designation of wildfire areas and recommendations from all governing wildfire mitigation may be incorporated into any conditions of approval as necessary to bodies. mitigate wildfire hazards. (d) Additional Development Standards for Sever Wildfire Hazard Areas 30 (1) Development is prohibited within or immediately adjacent to any Severe Wildfire Hazard Area, unless it is determined that: (1) there is no alternative development area on the property that is free of "C --Severe Hazard: Trees" or "X --Severe Hazard: Brush" wildfire hazards; or (2) development within the Severe Wildfire Hazard Area is preferable to alternative Low to Medium Wildfire Hazard site(s) because of other hazard concerns relating to the alternative site(s). (2) Development permitted in Severe Wildfire Hazard Areas pursuant to this section shall be subject to all of the standards of Sec. 7-20-60(c) above. (e) Recommendations of Wildfire Expert In the case of both "Severe Wildfire Hazard Areas" and "Low to Medium Wildfire Hazard Areas", the wildfire expert is authorized to recommend that mitigation be provided through any combination of the structural design and construction techniques and the defensible space techniques identified in this Sec. 7-20-60. Comply The site is located in a low hazard area. 31 FORUM PHI 1 89 Pitkin Way Site Plan Application Preservation of the character of Pitkin County requires careful attention to the visible impacts of proposed development. In general, the standards of this Sec. 7-20-120 are designed to minimize the visual impact of new development (including expansions to existing structures) when viewed from designated road corridors, as well as to preserve the rural character of all Rural Areas of the county. Scenic View Protection Areas shall be considered at the time of Site Plan approval and Building Permit issuance. (a) I ntent (1) To establish a Scenic View Protection Area that includes lands that are proximate to and most visible from specific roads in the County, with specific concerns for the areas that constitute the visual entrance "image" and passage through Aspen and Pitkin County as well as views of ridgelines from those roads. (2) To maintain a natural ridgeline silhouette against the sky and to steer development away from ridgelines and skylines throughout the County as viewed from public roadway corridors. (3) To insure that new development is designed and located to complement the natural landscape and the natural features within the public view -plane in order to achieve an aesthetically pleasing, rural atmosphere. (4) To reduce visual damage to the natural landforms and views throughout the County. (b) Applicability (1) All areas shown on the County's Scenic View Protection Area maps, which are maintained in the Community Development Department, shall comply with the standards of subsection (d) below. The Scenic View Protection Area map includes scenic foreground areas, public viewplanes, and ridgelines. The mapped areas are identified as viewed from the following rights-of-way: (a) State Highway 82; (b) Brush Creek Road; (c) Capitol Creek Road; (d) Snowmass Creek Road; (e) State Highway 133; (f) Frying Pan Road; (g) Castle Creek Road; (h) Maroon Creek Road (i) West and East Sopris Creek Roads; (j) Owl Creek Road; (k) Upper and Lower River Roads; (1) McLain Flats Road; (m) Woody Creek Road; (n) Emma Road; (o) Coal Creek Road; (p) Thompson Creek Road (North, Middle, and South Forks); (q) Watson Divide Road; (r) Prince Creek Road; and (s) Lime Creek Road 32 (2) All development in the Rural Area shall be sited in consideration of the rural character guidelines of subsection (e) below. (c) Exemptions (1) Activity or development that is covered by a valid building permit. (2) All interior remodels that do not change any outside visual aspect of the structure. (3) Lots within platted subdivisions approved by the County, which have designated Activity, Building or Development Envelopes, unless the terms of the approval require ridgeline or scenic review prior to construction. (4) Any proposed development for which the Community Development Director determines that: Comply (a) The proposed development is not visible from those rights-of-way listed in subsection The proposed development is not (b) above; or visible from the rights-of-way listed in subsection (b) above. See Exhibit G (b) A proposed addition to or remodel of an existing structure has been located to minimize perceived mass when viewed from those rights-of-way listed in subsection (b) above and has been placed so it does not project above a ridgeline. The new or remodeled/expanded structure shall not silhouette against the sky when viewed from those corridors listed in subsection (b) or (c) The development is exempt from Activity Envelope and Site Plan Review pursuant to Sec. 7-10-30(a), (b), (e), (f) and (g). (d) For purposes of this section, visible means that a structure or use is discernible to the naked eye from the designated roadway. 33 34 The proposed development is not visable from the rights -of way listed. See Exhibit G 35 36 37 FORUM PHI 1 89 Pitkin Way Site Plan Application (a) Purpose These regulations are intended to preserve existing vegetation on development sites to the maximum extent consistent with the permitted development, and to ensure that specific types of man made improvements are screened from view in order to preserve the rural character of the County, and to prevent the use of landscaping in ways that would compromise the rural character of the County. (b) General Provisions (1) Protection of Natural Vegetation In order to protect the rural character of Pitkin County, natural vegetation should be preserved to the maximum extent practicable, and any installed landscaping shall use the Comply species plant materials naturally occurring on the site or on neighboring properties (except Natural vegetation is to be preserved for flower gardens). Restrictions on removal of natural vegetation, and requirements for to the maximum extent practicable revegetation, are set forth in other portions of this Chapter 7. (2) Conformance with Wildfire Regulations In the event the provisions of this Sec. 7-20-130 conflict with any provisions of Sec. 7-20- Comply 60, as those requirements may be varied by a wildfire expert approved by the County, the See responses to compliance in provisions of Sec. 7-20-60 shall govern. section 7-20-60 (3) Berms Berms may be incorporated into any required landscaping, buffering, or screening area, provided that the County determines, during the development approval process, that the Comply proposed berms will not cause drainage or erosion problems. No installed berm shall have There are no proposed berms a slope of greater than four -to one (4:1), nor a height greater than four (4) feet above grade (4) Landscape Enclosures Landscaping shall not be used to mark or enclose the boundary of a parcel, or to privatize an otherwise public viewplane. Use of indigenous shrubs or trees to enclose a portion of the property immediately surrounding a dwelling, barn, and/or accessory buildings (as opposed to the entire property or a large area of the property) are permitted if made to resemble similar windbreaks located near older properties in Rural Areas of the County. (5) Visibility Clearance All landscaping shall be installed and maintained so that it does not interfere with the ability of drivers to see nearby traffic at the intersection of any driveway with a public road, or at the intersection of two public roads. (6) Utility Easements Comply There is no proposed landscaping delineating the boundary of the parcel Comply The proposed landscaping will be installed and maintained so it does not interfere with the ability of drivers to see traffic 0 Whenever the provisions of this Sec. 7-20-130 would require the installation of trees or shrubs over or on utility easements, where branches or roots might interfere with utility Comply lines or pipes, the required location for such trees and shrubs shall be modified to require The planning plan avoids conflicts installation at the closest location that would avoid potential conflicts with utilities and with utilities would enable the trees and shrubs to serve the same landscaping purpose. (7) Financial Security The Community Development Department may require financial security in a form Comply acceptable to the County Attorney to ensure completion of installation of all required If the Community Development Depts landscaping and/or successful establishment of plants. requires financial security, the Owner will comply (8) Maintenance All plants shall be maintained continually in a healthy condition in accordance with generally accepted professional horticultural standards and practices. Within areas Comply required to be landscaped with installed plant materials, plants that die or are unhealthy The proposed landscaping will be shall be replaced. Landscape areas shall remain free of weeds, litter, junk, rubbish and maintained other nuisances and obstructions. (c) Required Landscaping in Rural Areas In the Rural Area: (1) Landscaping is required for the following purposes: (i) to screen satellite dishes and other telecommunications equipment when located within five hundred (500) feet of adjacent public roads and visible from such roads, and (ii) to screen parking areas and service areas when viewed from adjacent public roads, (iii) where necessary to comply with the standards of Secs. 7-20-70, 7-20- 80, or 7-20-120, and (iv) to revegetate disturbed areas. Comply The property is not located in a rural area (2) Landscape treatments shall cluster shrubs and trees into groupings similar to those naturally occurring on the site or neighboring sites, shall use indigenous species of shrubs and trees, and shall not be installed in regularly spaced lines or rows, unless more specific provisions of Secs. 7-20-70, 7-20-80, or 7-20-120 require a different treatment. (d) Required Landscaping in Urban Areas In the Urban Area: (1) Where required: Landscaping is required for the following purposes for new development on the property: (i) to screen satellite dishes and other telecommunications equipment when located within two hundred (200) feet of adjacent public roads and visible from such roads, (ii) to screen non-residential parking areas and service areas when viewed from adjacent public roads, (iii) to create a landscaped street edge in the B-2 zone district, (iv) to break up required parking areas in the B-2 zone district into smaller "cells" of parking, and (v) to break up the perceived mass of larger buildings in the B-2 zone district through the use of foundation plantings. (2) Minimum Areas and Plant Densities Required 39 All required areas for landscaping, buffering, or screening shall comply with the following standards unless these standards conflict with another development standard in this Chapter 7. (a) Satellite Dishes and Telecommunications Equipment Landscape treatments shall use indigenous species of shrubs and trees and shall be sufficient to block visibility of seventy-five (75) percent of the dish or equipment within three (3) years of planting. (b) Non -Residential Parking Areas and Service Areas in all Zone Districts, and Street Edge in B-2 Zone District Screening for non-residential parking areas and service areas shall be at least fifteen (15) feet in width and shall have at least (1) large tree (minimum 30 foot height at maturity) per fifty (50) linear feet of landscape area, plus one (1) shrub per ten (10) feet of linear landscape area, plus two (2) groundcover plants per each five (5) linear feet of landscape area. (c) Parking Cells in B-2 Zone District Landscaped islands shall be used to break up parking into "cells" containing no more than forty (40) parking spaces, and the landscaped islands shall cover at least five (5) percent of the gross area of the parking lot, including areas for driving aisles, but excluding any areas occupied by perimeter landscaping along adjacent public streets. Each landscaped island shall be a minimum of eight (8) feet wide and shall contain at least one (1) medium tree ( minimum 20 feet height at maturity) per fifty (50) feet of linear length, plus one (1) shrub per ten (10) feet of linear landscaped area, plus two (2) groundcover plants per five (5) linear feet of landscaped area. (d) Building Perimeter Landscaping in B-2 Zone District Shrubs shall be planted within ten (10) feet of the foundation of the primary structure along each building fagade visible from an adjacent public road, at the rate of at least twenty (20) shrubs per one hundred (100) linear feet of visible building fagade. Foundation plantings may be clustered to provide interest, and plants of larger size or differing species shall be installed adjacent to the main pedestrian entryway to each building to emphasize that entryway. The Community Development Department may waive foundation planting requirements for portions of the sides or rears of buildings where loading areas or other similar areas precluding planting. (e) Alternative Approaches Plant spacing and densities differing from those in subsections (a) through (d) above may be approved if the Community Development Department determines that such alternative will include at least the same amount of living landscape material and will have an equally landscaped appearance when viewed from adjacent roads and properties. (e) Tree Removal (1) Intent Comply The proposed development does not require any of the screening situations listed SM The intent of these tree removal standards is to manage the removal of trees in order to preserve scenic resources, to maintain air and water quality, to protect wildlife habitat areas, and for the continued health, safety and welfare of the people of Pitkin County. This section applies to minor tree removals and does not implicate logging as per Sec. 4- 30-20 (f) or removals that will change the character of the site or parcel. (2) Applicability A tree removal permit is required for removing, damaging, destroying, or altering the natural character of trees six (6) inches Diameter -Breast -Height (D.B.H.) or greater whose aggregate D.B.H is twenty four (24) inches or greater in a twelve (12) month period, or for any tree twelve (12) inches D.B.H. or greater. The term damaging, destroying, or altering trees includes but is not limited to activities such as topping, girdling, irresponsible pruning, damaging driplines, and poisoning. (3) Prohibited Activities (a) Removing, damaging or destroying trees or other vegetation including snags within one hundred (100) feet of riparian and wetland areas and buffers identified in Sec. 7-20- 80(a)(1) is prohibited unless approved by Pitkin County pursuant to other sections of this Land Use Code. Comply The property is not within 100' of riparian and wetland areas (b) Removing, damaging or destroying trees or other vegetation within wildlife production Comply areas is prohibited unless approved by Pitkin County pursuant to other sections of this Only trees and vegetation approved Land Use Code. by Pitkin County will be removed (c) Removing, damaging or destroying trees containing significant wildlife habitat such as raptor habitat, raptor nest sites, and raptor winter roost sites or disturbing trees Comply containing nesting birds listed on the Migratory Bird Treaty Act pursuant to the Migratory No wildlife habitats will be disturbed Bird Treaty Act. (d) Removing non -hazardous, tall, overly mature trees or standing dead trees (snags) at Comply a rate that would leave less than two (2) to five (5) per acre. No trees that are not approved by Pitkin County will be removed (4) Exemptions (a) Removal of trees that have either been approved or required pursuant to a development approval granted by the County. (b) Removing trees with a D.B.H between six (6) inches and twelve (12) inches whose aggregate D.B.H is less than twenty four (24) inches in a twelve (12) month period, provided the trees are not within one hundred (100) feet of riparian and wetland areas and buffers identified in Sec. 7-20-80(a)(1) (c) Removing, damaging or destroying trees with a D.B.H. of less than six (6) inches, provided the total area disturbed is less than two hundred (200) square feet, and provided the trees are not within one hundred (100) feet of riparian and wetland areas and buffers identified in Sec. 7-20-80 (a)(1). 41 (d) Removing trees in times of emergency, including the repair or restoration of public roads, electrical lines, natural gas lines, water lines, sewage lines, and storm drainage systems, when immediate action is necessary to protect public health or safety or to prevent imminent damage to property. (5) Tree Removal Permit A tree removal permit shall include the following: (a) Site Plan A site plan shall include property lines, easements, structures, roads, and the location, species and D.B.H. of all trees proposed to be removed. (b) Tree Replacement Plan Trees six (6) inches D.B.H. or greater which are removed beyond the aggregate exemption, or any tree twelve (12) inches D.B.H. or greater shall be replaced with a tree of comparable, though not necessarily identical, size based on a caliper -for caliper basis to the maximum extent practicable (e.g. a 14 inch caliper tree is replaced with two (2) seven (7) inch caliper trees) unless exempt pursuant to 7-20-130 (e)(6). Species and general location of the replacement trees shall be represented on the submitted site plan Any required trees that do not survive for at least one (1) year after installation shall be replaced at the owner's expense, and the County may require financial security for such replacement pursuant to Sec. 7-20-130(b)(7). (c) Revegetation Plan Revegetation plans shall provide that all disturbed areas be reestablished with appropriate tree and ground cover vegetation, and all removed vegetation will be properly disposed of. The finished, final condition of the property shall be in accordance with the approved plan. (6) Tree Replacement & Permit Fee Exemptions Under certain conditions, tree replacement will not be required and a permit fee will be waived. These conditions include but are not limited to controlling parasites, controlling invasive non-native species, or implementing wildfire mitigation as part of a fire district or Pitkin County approved fire mitigation plan. To be exempt from replacement and permit fees, a tree removal permit application containing a report from a certified arbor professional, local fire district personnel, or county recognized wildfire expert documenting the condition of the tree and the harmful condition created if removal does not take place must be submitted and accepted by the County. Comply A Tree removal permit will be included in the permit application which will comply with these standards. 42 FORUM PHI 1 89 Pitkin Way Site Plan Application (a) Applicability The road standards in this section are applicable to all roads and driveways. All new road and driveway construction must receive a development permit from the County Engineer and Community Development Director in compliance with subsection (c) below. (b) Consistency with County Plans All roads and rights-of-way shall consider adopted County plans and needs for the extension of roads. (c) Design and Construction Standards Outside the Aspen Urban Growth Boundary, roads and driveways shall be designed and constructed in compliance with the Pitkin County Road Standards and Specifications and Pitkin County Asset Management Plan. Within the Aspen Urban Growth Boundary, roads and driveways shall be designed and constructed in compliance with those standards and specifications applicable within the City of Aspen. (d) Subdivision Access All access points to subdivisions shall be reviewed and approved through the applicable development review and approval process in Chapter 2. All access points and road designs must comply with the standards in subsection (c) above. (e) Completion of Road Improvements Required County highway, road, street and private street improvements must be completed within the time limits set forth in the development approval. (f) Traffic Volumes in Excess of Existing Road Capacities Development proposals for all types of development other than single family detached dwellings that generate traffic volumes in excess of existing road capacities are prohibited unless a road improvement plan is approved by the County. Any development proposal that is expected to generate or attract vehicle trips in excess of existing road capacities may propose to upgrade the road(s) to serve the additional traffic volume. Techniques other than road improvements may also be proposed to provide for public or private transit solutions to increased traffic volumes. The County may approve any road improvement plan, Transportation Demand Management (TDM) plan, or other technique that is found to be consistent with adopted County plans and policies. The County may deny any road improvement plan or other technique that it finds to be inconsistent with adopted plans and policies, or that fails to adequately mitigate increased traffic impacts. Any road improvements required of a proposed development shall be assessed on a pro rata basis considering the traffic to be generated by the development in relation to the design and/or operational capacity of the finished road. Comply There are no new roads or driveways proposed. The existing driveway will be used. Comply The driveway improvements will be designed and constructed with Pitkin County Road Standards Comply There are no proposed subdivision access or road design changes 43 FORUM PHI 1 89 Pitkin Way Site Plan Application (a) Applicability The parking standards in this section are applicable to all development, off-street parking lots and areas. Wherever the off-street parking requirements of subsection (c) below apply, the provision of non-commercial off-street parking to meet the requirements of subsection (c) shall be considered a permitted accessory use of the property. (b) Design Standards All off-street parking spaces shall conform to the following standards: (1) Each space shall be at least eight and one-half (8-1/2) feet wide, eighteen (18) feet long; if covered shall be at least seven (7) feet high; and shall have unobstructed back out space of twenty-four (24) feet. (2) Each space shall have vehicular access to a street or alley, and be located on the same lot as the principal use, unless otherwise provided on an approved development plan. (3) Parking lots for businesses, commercial, or multi -family developments shall be suitably screened and concealed from the arterial highways, major roads, or collector streets by landforms and/or landscaping. (c) Quantity of Off -Street Parking The minimum quantity of off-street parking spaces to be provided for allowed land uses in each zone district is determined from the standards identified in the following table. Comply There are no off-street parking requirements for this property. FORUM PHI 1 89 Pitkin Way Site Plan Application All development shall comply with the provisions of this Sec. 7-50 regarding the design and installation and/or extension of public services and utilities. Extensions of public utilities shall take place within a defined Activity Envelope which may include separate designated areas for such extension different from those portions of the Activity Envelope designated for primary structures, accessory structures, or driveways. Disturbed areas shall be required to be revegetated pursuant to Sec. 7-20-10(d) to the maximum extent permitted by Colorado law. Comply All extensions of public utilities will take place within the defined activity envelope FORUM PHI 1 89 Pitkin Wav Site Plan Application (a) Applicability The standards in this section are applicable to all utility extensions. (b) Consistency with Land Use Policies, County Master Plans and Utility Service Plans The Land Use Policies, applicable County master plans, and any applicable utility service plans, should be considered when reviewing utility extensions. (c) No Adopted Master Plan or Utility Service Plan In the absence of an adopted master plan or service plan, utility extensions shall be Comply consistent with the Land Use Policies, and the standards in this section. All utility extensions will be consistent with Land Use Policies (d) Sizing of Utility Lines Utility line extensions shall generally be designed to have adequate capacity to serve the Comply ultimate expected build out of the property, based on applicable zoning and land use Utility extensions will be designed to regulations. have adequate capacity. (e) One -Time Installation Utility lines shall be properly designed, sized, and installed to serve the ultimate population of a service area and avoid future land disruption to upgrade undersized utility lines. (f) Coordinate Utility Line Extensions The extension of a sole utility line shall be postponed until a full range of necessary services and utilities are offered, rather than increasing the size or number of areas to which some necessary services and utilities are provided and others are not. (g) Avoid System Overloads The volume, nature and timing or the use of an extension shall not result in overloads on other components of the same system. (h) State and County Standards Extensions shall meet applicable State and Pitkin County engineering standards Comply The utility lines will be properly designed, sized and installed. Comply Underground utility lines will be coordinated. Comply The proposed utilities will not overload other components of the same system Comply Utilities will meet applicable State and County engineering standards im (i) Utility Company Service Commitments Prior to final plat approval by the Board of County Commissioners a developer must provide written commitments from: (1) A public or private utility company to provide power, telephone, and gas, if available as may be needed to serve a development. (2) Each of the utilities serving a development demonstrating necessary arrangements have been made for installation of utilities. (j) Colorado Public Utility Commission Approval If applicable, the Colorado Public Utility Commission shall approve extensions prior to installation. (k) Location of Service Lines (1) New electric power lines under 35 KV and extensions of existing electric power lines under 35 KV shall be installed underground and shall be installed in the rights-of-way of new or approved roads and driveways to the maximum extent practicable. All related utility facilities shall be placed underground, except for those exempted below. (a) Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts, and other facilities necessarily appurtenant to such underground facilities may be placed above ground within the utility easement provided, or within a street or other public place as appropriate. (b) Temporary utility facilities may be installed above ground during construction of a development for a period not exceeding one year. (c) Existing utility facilities currently used to serve a development. (2) In order to minimize impacts on Constrained Areas, the Community Development Director may attach conditions to any approval of service line routing, including but not limited to requirements for hand -digging of trenches or for additional revegetation of the service line area. Where a new service line is being installed to replace an existing line, the Community Development Director may authorize the use of the same routing as the existing line if such routing does not create significant additional impacts on surrounding properties. Comply Prior to submission for final plat, the public/private utility companies will provide written comments and approval for the extension of the utilities Comply Service line locations will comply with the standards listed in this section. 47 FORUM PHI 1 89 Pitkin Wav Site Plan Application (a) Applicability The standards in this section are applicable to all water supply systems and all water distribution systems. (b) New Water Rights (1) If a proposed activity or development is not required to connect to a public water system pursuant to subsection (d) below and proposes to rely upon use of newly appropriated water rights or the change of existing water rights, adequate evidence of water rights availability shall be required. Such evidence shall demonstrate adequate water rights to meet needs for domestic water, irrigation water as applicable, and water for fire protection purposes. (2) The "Capitol Creek and Snowmass Creek" and "Crystal River and West Sopris Creek" Hydrologic Systems analysis Study Area Maps are hereby adopted. Regardless of whether a property is located in a subdivision or is a metes and bounds parcel, all applicants for building permits for dwellings shall be required to show proof of adequate water supply (in terms of both quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. Such evidence may include a well permit and pump test. In any area of the County with mapped surface or groundwater depletion/recharge issues as shown on the adopted Pitkin County Hydrologic Systems Analysis Study Area Maps, the County may require an applicant to provide additional information (e.g., a hydrogeologic analysis, pumping data from nearby wells) sufficient to demonstrate the adequacy of the property's water supply. (3) In all cases, at the time of conceptual submission application for a subdivision or application for a subdivision exemption for fully developed lands or separation of substandard size lots, proof of adequate water rights (in the form of a final judgment and decree of water rights, including a final augmentation plan, if required, from an appropriate Water Court) shall be required. Comply The proposed development is not connected to a public water system. The development is located within the Pitkin Green Subdivision which has a private water system provided by two wells and a pump house located on the property. 50 FORUM PHI 1 89 Pitkin Wav Site Plan Application (a) Applicability The standards in this section are applicable to all sewage treatment and collection systems. (b) Connection to Public Systems Required, Where Available All development shall connect to a public sewage disposal system if the development is located within one-half mile (2,640 feet) of a public system's service area the applicable district is willing to serve the proposed development. For subdivisions, connection to the public sewage disposal system shall be required if any point in the subdivision is located within one-half mile of such system. In the event a site is located outside the boundaries of a public sewage disposal system service area or service is not available from the public system, a private system may be utilized. (c) Design Standards Public and private sewage disposal systems and connections to such systems shall comply with the sewage disposal regulations of the County's Environmental Health & Natural Resources Department. Each applicant for an on-site wastewater treatment system, regardless of capacity, shall be required to submit an application to the Environmental Health & Natural Resources Department, and the Department shall then determine whether state permitting is necessary. Any septic tank/soil absorption field system with a design capacity greater than or equal to an average daily flow of two thousand (2,000) gallons per day shall be required to obtain approval and permits from the Colorado Department of Public Health and Environment, Water Quality Control Division. Comply The proposed design connects to a public sewage disposal system. Comply The sewage disposal system connection complies with the requirements for the County's Environmental Health & Natural Resources Department. 51 Consent and Authorization to Represent Date: December 20, 2017 Re: 89 Pitkin Way, Aspen CO 81611 To Whom It May Concern:, This letter shall serve as my approval for Forum Phi Architecture to submit, represent and obtain materials on the behalf of the owner of 89 Pitkin Way, Aspen CO 81611. I hereby authorize Steev Wilson and Forum Phi to perform and submit documents related to planning, Building Permit Application, or to gain building file information on our behalf for the project located at 89 Pitkin Way, Aspen CO, 81611. They may represent us during the application review and approval processes with the City of Aspen, Pitkin County, the Pitkin Green subdivision and Home Owners Association. They may act on our behalf, may sign on our behalf all applications and permits, and any documents required or ancillary thereto. Steev Wilson, Partner, AIA Forum Phi Architecture LLC 715 W Main Street, #204 Aspen, CO 81611 Sincerely, JA ti4 ,�� ----------- Owner name a 2 • `( �'� • ?-L-z--z.__ Phone Number ) ,'2 � /v Date 89 PITKIN WAY - EXHIBIT B V I C I N I T Y M A P SITE PLAN APPLICATION 08/28/2018 ALTA Commitment For Title Insurance VYESTC:OFR LAND TITLE INSURANCE COMPANY AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3MFLOOR ASPEN, COLORADO 81611 970 -925 -1766 -PHONE 970 -925 -6527 -FAX 877 -217 -3158 -TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Nola Warnecke (nola@sopris.net) TJ Davis - (tj d@sopris.net) Brandi Wolfe (pctb@sopris.net) Joy Higens - (joy@sopris.net) Issued By WESTCOR LAND TITLE INSURANCE COMPANY Home Office: 875 Concourse Parkway South, Suite 200 Maitland, FL 32751 Telephone (407) 629-5842 *,-WESTCOR LAND TITLE INSURANCE COMPANY ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California Corporation, ("Company'), for a valuable consideration, hereby commits to issue its policy orpolicies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company. All liability and obligations under this Commitment shall cease and terminate within six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. Issued By: Countersigned: 'g". WO+ - Authorized Signature CO 1045 * * Pitkin County Title, Inc. 601 E. Hopkins #3 Aspen, CO 81611 ViI/�.00I rAll171Y110Do101.11117\�[ �o 7 By: AV" Q IQMAA Westcor Land rule resident o I—— C p Company S 1993 G�¢ Attest: dzo—. 6-CL�YJe/ Secretary CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2, 000, 000.00 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: October 6, 2015 at 8:00 AM Case No. PCT24553W3 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -(6/17/06) Amount$ 12,250,000.00 Premium$ 18,735.00 Proposed Insured: Rate: Standard ROADSEND LLC, A COLORADO LIMITED LIABILITY COMPANY, (b) ALTA Loan Policy -(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy -(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: CHELA BLITT, TRUSTEE OF THE CHELA BLITT TRUST CREATED U/I/T APRIL 10, 1998, AS AMENDED AND RESTATED 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. EXHIBIT "A" LEGAL DESCRIPTION LOT 7, BLOCK 1, PITKIN GREEN SUBDIVISION, TOGETHER WITH A TWENTY -FOOT (20) ACCESS AND UTILITY EASEMENT AND A 12 -FOOT SERVICE ROAD EASEMENT BOTH AS SET FORTH IN P.U.D. AND SUBDIVISION AGREEMENT FOR THE PITKIN RESERVE RECORDED MARCH 11, 1982 IN BOOK 423 AT PAGE 417 AS AMENDED BY SECOND AMENDMENT TO PUD AND SUBDIVISION AGREEMENT FOR THE PITKIN RESERVE RECORDED JUNE 29, 1984 IN BOOK 468 AT PAGE 853, AND AS SET FORTH IN RIGHT OF USER RECORDED JUNE 5, 1985 IN BOOK 487 AT PAGE 181, AS DEPICTED ON THE SECOND AMENDED PLAT OF PITKIN RESERVE. SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company 2. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of PITKIN GREEN SUBDIVISION certifying that there are no assessments for common expenses which remain unpaid or otherwise constitute a lien on the subject property. 3. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of PITKIN RESERVE certifying that there are no assessments for common expenses as set forth in Right of User agreement, which remain unpaid or otherwise constitute a lien on the subject property. 4. Delivery to the Company of an executed copy of the Trust Agreement for CHELA BUTT TRUSTE CREATED U/I/T APRIL 10, 1998, AS AMENDED AND RESTATED for inspection and approval prior to issuing any policies. Subject to any additional requirements deemed necessary by the Company upon review of said Trust Agreement. 5. Statement of Authority of CHELA BUTT TRUST CREATED U/I/T APRIL 10, 1998, AS AMENDED AND RESTATED evidencing the names and addresses of the Trustees authorized to act on behalf of said Trust. 6. Deed executed by the Trustees of the CHELA BLITT, TRUSTEE OF THE CHELA BUTT TRUST CREATED U/I/T APRIL 10, 1998, AS AMENDED AND RESTATED To: ROADSEND LLC, A COLORADO LIMITED LIABILITY COMPANY, 7. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 8. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 9. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 10. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded in Book 55 at Page 5. 8. Terms, conditions and obligations of Declaration of Trust for the Benefit of The Property Owners in the Pitkin Green Subdivision, recorded August 28, 1957 in Book 182 at Page 220 and in agreement recorded April 14, 1958 in Book 183 at Page 427 and Agreement recorded July 25, 1958 in Book 184 at Page 367 and Amendment recorded January 21, 1969 in Book 239 at Page 116 and Declaration to Continue the Existence of the Declaration of Trust for the Benefit of the Property Owners in the Pitkin Green Subdivision, recorded April 27, 1982 in Book 425 at Page 685, Book 425 at Page 745 and recorded August 23, 1983 in Book 450 at Page 790 and Agreement recoded in Book 489 at Page 337 and Agreement recorded March 4, 1988 in Book 558 at Page 442. 9. Terms, conditions and obligations as contained in Restrictions for the Pitkin Green Subdivision recorded August 28, 1957 in Book 182 at Page 233 and Amendment thereto recorded April 23, 1992 in Book 675 at Page 408 and Amended Restrictive Covenants recorded July 15, 2002 as Reception No. 469843. 10. An Easement to Aspen Metropolitan Sanitation District as set forth in instrument recorded November 3, 1969 in Book 267 at Page 32. 11. Easements as shown on Plat recorded in Ditch Book 2A at Page 232 and Supplemental Plat recorded in Ditch Book 2A at Page 244 and in Ditch Book 2A at Page 249 and Sewer Easement Map recorded in Plat Book 4 at Page 285.. 12. Terms, conditions, provisions and obligations as set forth in Right of User recorded June 5, 1985 in Book 487 at Page 181. 13. Terms, conditions, provisions and obligations as set forth in Relocation of Way of Access recorded February 25, 1988 in Book 557 at Page 837 and re-recorded June 30, 1988 in Book 567 at Page 791. 14. Terms, conditions, restrictions and obligations as set forth in Agreement recorded March 4, 1988 in Book 558 at Page 442. 15. Terms, conditions and reservations as set forth in Grant of Easement recorded March 4, 1988 in Book 558 at Page 454. 16. Terms, conditions, restrictions and obligations as set forth in Declaration of Restrictive Covenants recorded March 4, 1988 in Book 558 at Page 458. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 17. Terms, conditions, provisions and obligations as set forth in Articles of Incorporation for Pitkin Green recorded July 15, 2002 as Reception No. 469841 18. Terms, conditions, provisions, obligations and all matters as set forth in the By -Laws of Pitkin Green Subdivision recorded July 15, 2002 as Reception No. 469842. 19. Terms, conditions, provisions and obligations as set forth in Water Delivery and Ditch Maintenance Agreement recorded April 18, 2011 as Reception No. 579200. 20. Terms, conditions, provisions and obligations as set forth in Pitkin Green Homeowners Association, Inc. Procedure for Approval of New Construction and Modification of Existing Sites recorded November 26, 2014 as Reception No. 615683 21. Encroachments and all matters as disclosed by Survey of Aspen Survey Engineers, Inc. - John M. Howorth dated September 15, 2015 as Job No. 44170M. ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT24553W3 SELLER: CHELA BLITT, TRUSTEE OF THE CHELA BLITT TRUST CREATED U/I/T APRIL 10, 1998, AS AMENDED AND RESTATED BUYER: ROADSEND LLC, A COLORADO LIMITED LIABILITY COMPANY, The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy. The fee for deleting exceptions 1 thru 3 is $50.00 A satisfactory affidavit and agreement indemnifying the Company against any defects, liens, encumbrances, adverse claims, or other matters known by Seller and Buyer. The Company hereby reserves the right to make additional requirements as may be deemed necessary in the event information regarding defects, liens, encumbrances, adverse claims, or the like are discovered. The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B -Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer/Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. Notice of Privacy Policy of Westcor Land Title Insurance Company Westcor Land Title Insurance Company ("WLTIC") values its customers and is committed to protecting the privacy of personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to safeguard that information. Who is Covered We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer -related transactions, or from third parties such as our title insurance agents, lenders, appraisers, surveyors or other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims administration and accounting. Information Sharing Generally, WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can also be found on WLTIC's website at www.wltic.com. W 0 0 a ►- N h+.l W a00C"I1 00 C" Wu]C6L? o� xao w -m w[r Fq PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK -ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2021 012 333 REFERENCE: PCT24553W3/ROADSEND LLC, A COLORADO LIMITED LIABILITY COMPANY, C) (nC)r-hfiHrot1 t, O rt 0 G 0�3' r- O m m rt 0) rt (at � C7 P ((D m a m rt r- hl ''0 r -J H' r '� Ch m H' � ` ¢ r a n m (D \ �3' P- 1-b O � o rah G7 UJ cvo ¢ P- \ Cl) cq C�b�Q O ((D O~ H Cl) m w Q. w Hro-o ��� N- O rh 7C G � 10 hl 7C cq �3' (n H Ch ,q Cl) N ¢ G �N Cl) n t5' O N O rt �r Q. 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The lot is within the Aspen Urban Growth Boundary. Land Use Code Sections to be addressed in letter of request (application): ➢ 2-30-20(g): Activity Envelope and Site Plan Criteria for Approval ➢ 4-30-50(h): Solar Energy Collectors (if applicable) ➢ 6-30-100(a): GMQS Exemption for pre -1978 lot (platted in 1957) ➢ 7-10-50 & 60: Activity Envelope and Site Plan ➢ 7-20-10: Site Preparation and Grading ➢ 7-20-20: Steep and Potentially Unstable Slopes ➢ 7-20-30: Water Courses and Drainage ➢ 7-20-60: Wildfire Hazard — mapped low wildfire hazard area ➢ 7-20-120: Scenic View Protection Areas (as seen from Highway 82) ➢ 7-20-130: Landscaping and Vegetation Protection ➢ 7-30: Roads, Driveways and Parking ➢ 7-50: Public Services and Utilities Review by: Community Development Director Public Hearing: NO. However, notice is required via posting, mailing and publication. The Applicant shall post a public notice sign on the property at least 15 days prior to the comment/objection deadline pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all owners within 300' of the property with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. Staff will refer to: Aspen Fire, Planning Engineer, Pitkin Green Water District & HOA, Aspen Consolidated Sanitation District FEES: $3,278 (make check payable to "Pitkin County Treasurer") ■ $2,600 Planning Office flat fee (non-refundable; based on 8 hours of staff time; if staff review time exceeds 9.6 hours, the Applicant will be charged for additional time above 8 hours at a rate of $325/hour) ■ $624 Planning Engineer ■ $54 Publication Fee To apply, submit 1 unbound and one-sided copy of the following information. Also provide all documents in PDF format as one combined file on a flash drive or email to plan ningapps(a-)_pitkincounty.com. 1. Summary letter explaining the request and existing conditions, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" and 11" x 17" Activity Envelope and Site Plan as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual. 3. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Application Manual 4. Civil engineering report addressing road design, water supply, wastewater disposal, drainage and other utilities and public services (as applicable). 5. Geologic or Engineering report analyzing slopes and the proposed stabilization measures (micropile shoring wall and tieback retaining) 6. 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. 7. Street address and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject property within Pitkin County; 8. Consent from the owner of the property for the representative to process the application and represent the owner; 9. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (form attached); 10. List of owners of property within 300'; and 11. Copy of this Pre -Application Conference Summary Sheet. NOTES: ➢ THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED. ➢ This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. ➢ The Land Use Code is available on-line at http✓/pitkincounty.com/468/County-Code. ➢ The Land Use Application manual is available on-line at http✓/pitkincounty.com/196/Land-Use ➢ Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2-20-100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. I DESIGNWORKSHOP Landscape Architecture • Land Planning Urban Design • Tourism Planning Asheville • Aspen . Austin . Denver . Salt Lake City Lake Tahoe 120 East Main Street Aspen, Colorado 81611 (970)-925-8354 Facsimile (970) 920-1387 W W W.D E S I G N W O R K S H O P.0 O N I I >= Z W W w O 0 Z Q O Z � J O � a J O Oz U)J W — oo a am > cn o a � m 00 U) I ISSUE DATE: AUG. 16, 2018 REVISIONS I DRAWN: MM REVIEWED: AA ACTIVITY ENVELOPE AND SITE PLAN PROJECT NUMBER: 5972 14 MAIN LEVEL SHEET NUMBER L1-1 ©COPYRIGHT DESIGNWORKSHOP, INC. I DESIGNWORKSHOP Landscape Architecture • Land Planning Urban Design • Tourism Planning Asheville • Aspen . Austin . Denver . Salt Lake City Lake Tahoe 120 East Main Street Aspen, Colorado 81611 (970)-925-8354 Facsimile (970) 920-1387 W W W.D E S I G N W O R K S H O P.0 O N I I >= Z W W w O 0 Z Q O Z � J O � a J O Oz U)J W — oo a am > cn o a � m 00 U) I ISSUE DATE: AUG. 16, 2018 REVISIONS I DRAWN: MM REVIEWED: AA ACTIVITY ENVELOPE AND SITE PLAN PROJECT NUMBER: 5972 14 UPPER LEVEL SHEET NUMBER L1-2 ©COPYRIGHT DESIGNWORKSHOP, INC. DESIGNWORKSHOP Landscape Architecture • Land Planning Urban Design • Tourism Planning Asheville • Aspen . Austin . Denver . Salt Lake City Lake Tahoe C 120 East Main Street Aspen, Colorado 81611 (970)-925-8354 Facsimile (970) 920-1387 W W W.D E S I G N W O R K S H O P.0 O M 14 C >= Z W W w O 0 Z Q O Z � J O � a J O Oz J W — oo a am > cn o a � m 00 U) 14 ISSUE DATE: AUG. 16, 2018 REVISIONS 14 DRAWN: MM 14 REVIEWED: AA SLOPE ANALYSIS PROJECT NUMBER: 5972 SLOPE ANALYSIS SHEET NUMBER L1-3 ®COPYRIGHT DESIGNWORKSHOP, INC. I DESIGNWORKSHOP Landscape Architecture • Land Planning Urban Design . Tourism Planning Asheville -Aspen -Austin . Denver . Salt Lake City Lake Tahoe 120 East Main Street Aspen, Colorado 81611 (970)-925-8354 Facsimile (970) 920-1387 W W W.D E S I G N W O R K S H O P.0 O N I I >= Z W W O Z Q O Z F_ j 0 � a J O Z V H°Oz U) J W am U) o a 00 cn I ISSUE DATE: AUG. 16, 2018 REVISIONS I DRAWN: MM REVIEWED: AA 14 PROJECT NUMBER: 5972 TREE REMOVAL AND PROTECTION PLAN v u \_Ll U u u u SHEET NUMBER L2 ®COPYRIGHT DESIGNWORKSHOP, INC I DESIGNWORKSHOP Landscape Architecture • Land Planning Urban Design . Tourism Planning Asheville -Aspen -Austin . Denver . Salt Lake City Lake Tahoe 120 East Main Street Aspen, Colorado 81611 (970)-925-8354 Facsimile (970) 920-1387 W W W.D E S I G N W O R K S H O P.0 O N I I >= Z W W O Z Q O Z F_ j 0 � a J O Z V H°Oz U) J W am U) o a 00 cn I ISSUE DATE: AUG. 16, 2018 REVISIONS 14 DRAWN: MM REVIEWED: AA 14 PROJECT NUMBER: 5972 LANDSCAPE PLAN SHEET NUMBER L4-1 v \.=1 \Z/ \_Ll U v u u u ®COPYRIGHT DESIGNWORKSHOP, INC I DESIGNWORKSHOP Landscape Architecture • Land Planning Urban Design • Tourism Planning Asheville • Aspen . Austin . Denver . Salt Lake City Lake Tahoe 120 East Main Street Aspen, Colorado 81611 (970)-925-8354 Facsimile (970) 920-1387 W W W.D E S I G N W O R K S H O P.0 O N I I >= Z W W w O 0 Z Q O Z � J O � a J O Oz U)J W — oo a a > cn o a � m 00 U) I ISSUE DATE: AUG. 16, 2018 REVISIONS 14 DRAWN: MM REVIEWED: AA 14 PROJECT NUMBER: 5972 LANDSCAPE PLAN SHEET NUMBER L4-2 U v u v ©COPYRIGHT DESIGNWORKSHOP, INC 89 PITKIN WAY - EXHIBIT G SITE PLAN APPLICATION 08/22/2018 S C E N I C V I E W P R O T E C T I O N CI Preliminary Engineering Report 89 PITKIN WAY ASPEN, CO 81611 PITKIN COUNTY August 16, 2018 RICHARD GOULDING, P.E. RFE Project # 2018-24 FROARING FORK j ENGINEERING Prepared by Richard Goulding, P.E. Roaring Fork Engineering 592 Highway 133 Carbondale, CO 89 Pitkin Way Preliminary Engineering Report Table of Contents 1.0 Existing Conditions................................................................................................................................ 1 1.1 Site Conditions.................................................................................................................................1 1.2 Grading and Drainage.......................................................................................................................2 1.3 Geotech.............................................................................................................................................2 1.4 Water Supply....................................................................................................................................2 1.5 Sanitary Sewer..................................................................................................................................3 1.6 Electric.............................................................................................................................................. 3 1.7 Communications...............................................................................................................................4 1.8 Gas....................................................................................................................................................4 2.0 Proposed Conditions...............................................................................................................................4 2.1 Proposed Structure...........................................................................................................................4 2.2 Grading and Drainage....................................................................................................................... 5 2.3 Water................................................................................................................................................ 5 2.4 Sanitary Sewer.................................................................................................................................. 5 2.5 Electric..............................................................................................................................................5 2.6 Communications...............................................................................................................................5 2.7 Gas.................................................................................................................................................... 6 89 Pitkin Way ii Preliminary Engineering Report 1.0 Existing Conditions 1.1 Site Conditions The residence at 89 Pitkin Way is located just north of the City of Aspen's City limits on the lower west side of Red Mountain within the Pitkin Green Subdivision and under Pitkin County jurisdiction. The Roaring Fork River and the Rio Grande Bike Path are just to the south of the parcel. The 31,122 square foot parcel is Lot 7 of Block 1 with parcel ID number 273501402009 and is highlighted in red in Figure - 1. The existing structure is 4,961 square feet and is a two-story wood frame residence with a driveway approach. The house is dug into the hillside with much of the lower story buried. Large boulder walls extend out from the east and west side of the structure to retain grade. A large boulder wall also runs east to west just north of the structure to retain the uphill grade. The existing landscape consists of native brush, trees and lawn area surrounding the structure. Figure 1- Pitkin County GIS vicinity view. Parcel 273501402009 shown in red. 89 Pitkin Way Preliminary Engineering Report 1.2 Grading and Drainage The existing site grade drops from the northeast to the southwest. Slopes of about 2:1 extend above and around the structure with some areas reaching slopes of 1.7:1. The driveway approaches the structure from the east and is relatively flat compared to the slope surrounding the home. There are no streams or springs located on the site. 1.3 Geotech A geotechnical investigation was performed by HP Kumar. A field exploration was done on August 2, 2018 with a report produced on August 16, 2018. Two exploratory borings were drilled to a depth of about 5 feet and 12 feet. The subsoils, below 3 inches of screened rock or 6 inches of topsoil, consisted of about 9 feet of loose foundation wall backfill soils ant Boring 1 and 4 feet if sandy silt and clay at Boring 2 underlain by relatively dense, silty sandy gravel with cobbles and possible boulders. No free water was encountered at the time of boring. The sub soils were slightly moist. 1.4 Water Supply The property is part of the Pitkin Green Subdivision, which has its own water system. Two wells are located on the property along with a pump house. The pump house is located to the west of the existing structure with one well just to the south of it shown in Figure -2. The second well, shown in Figure -3, is situated just north of the structure between the foundation and the north boulder wall retaining the up -hill grade to the north. The survey indicates this northern well is connected to the pump station. A water service is shown connecting the pump station to the residence. The survey also shows another line running north uphill from the pump station. This is the subdivision water line. Figure 2 — Pump Station and Western Wellhead 89 Pitkin Way Preliminary Engineering Report Figure 3 - Northern Wellhead and Valve 1.5 Sanitary Sewer A sewer main runs down hill from the north of the property to a manhole, shown in Figure -4, just to the north west of the house. The mainline then makes and 45 degree turn at the manhole and continues to the southwest along the west side of the home. The sewer service for the residence ties into this main just downhill of the structure to the southwest. Figure 4 - Sanitary Sewer Manhole 1.6 Electric Power is routed to the residence and the pump house from a transformer located just southwest of the property near the Rio Grande Bike Path. The transformer is shown in Figure -5. The survey shows the electric service running uphill and tying into the west side of the pump station. Three separate electric line leave the pump house. One is routed to the northern well to run the well pump. Another is routed to the house for secondary power. The third runs north uphill parallel to the water line. Figure 5 - Existing Transformer and Pedestals 89 Pitkin Way Preliminary Engineering Report 1.7 Communications Although there are several pedestals shown in Figure -6, the communication lines running to the house are coming from a pedestal just north and uphill of the structure. The routing of this communication line and the pedestal can be seen on the survey. Figure 6 - Communication Pedestal (north of structure) 1.8 Gas The existing gas line is routed under the driveway to the east. It originates from Pitkin Way. The driveway is gravel but the gas line crosses under the eastern boulder walls before it reaches the home. 2.0 Proposed Conditions 2.1 Proposed Structure The existing structure will be remodeled with much of the building footprint staying the same with the exception of the attached garage. The attached garage will be demolished and replaced with a large garage capable of housing an RV. For the rest of the residence much of the foundation will be replaced to accommodate the new architectural layout. The home will still be reassessed into the hill providing the upper level a walkout at grade. The upper level will also be connected to a proposed roof top deck and spa that will reside above the main level structure. 89 Pitkin Way Preliminary Engineering Report 2.2 Grading and Drainage Due to the extensive alterations to the structure and foundation the boulder walls connected to the house will be demolished and replaced with poured in place concrete walls. To the east of the home, where the new garage is proposed, there will be two terraced. The bottom wall is 6 feet tall and the second upper terraced wall is 7 feet tall. The western walls will also be terraced to help retain the surrounding grades. No walls are to exceed 7 feet in height. The north side of the structure will most likely need shoring to perform the foundation installations for the new structure. The northern most boulder wall will remain in place. Grading will create positive drainage away from the structure and walls. Swales will convey drainage around the structure to help avoid ponding and infiltration at the upper level walkout on the uphill side of the home. Due to the proposed slopes and confined site, positive drainage can be limited and inlets and drains will need to be utilized to convey storm water. Inlets and piping will also be utilized to mitigate for any low points or areas where excess runoff will accumulate. Roof drains and down spouts will also collect runoff. Foundation drains and wall drains will be installed to prevent any hydrostatic pressure build up behind walls. New hardscape for patios, walkways and the auto -court have also been proposed. These impervious surfaces will be graded away from the structure and in such a way as to capture, retain and infiltrate runoff to preserve the historical drainage patterns. A drywell or multiple drywells will be installed to maintain historical flows. The drywell will be sized to capture runoff from impervious pavement of the auto -court, patios and roof structures for water quality treatment and flood protection for the 100 -year storm event. A Drainage Report will be attached as part of the building permit submittal as required by Pitkin County. 2.3 Water The water service will be re -used to service the house. This service may need to be disconnected during construction but can be re -connected and backfilled once the new foundation is in place. All work will be performed in accordance with the Pitkin Green Water District's standards and specification. 2.4 Sanitary Sewer The sanitary service may also need to be altered due to the extensive foundation work but the same service can be re -used if the site conditions are conducive to do so. The abandonment of the existing service and installation of the new tie in will be performed according to Aspen Consolidated Sanitation District standards. 2.5 Electric The electrical service may be disconnected from the structure during construction but when the structure is ready for power the existing line and conduit will be utilized to connect to the new remodel. 2.6 Communications The existing communication connections will be re -used for the new structure. These lines will come from the pedestal just north of the structure. 89 Pitkin Way Preliminary Engineering Report 2.7 Gas The existing gas service running in from the east under the driveway will be re -used. A portion of the line may need to be relocated due to the grade changes occurring for the new garage. If minimum burial depth standards cannot be met then the gas line will be exposed and re -installed per the provider's specifications. 89 Pitkin Way Preliminary Engineering Report H—R U MAR 5020 County Road 154 Glenwood Springs, CO 81601 Geotechnical Engineering I Engineering Geology Phone: (970) 945-7988 Materials Testing I Environmental Fax: (970) 945-8454 Email: hpkglenwood@kumarusa.com Office Locations: Denver (HQ), Parker, Colorado Springs, Fort Collins, Glenwood Springs, Summit County, Colorado SUBSOIL STUDY FOR FOUNDATION DESIGN PROPOSED RESIDENCE LOT 7, PITKIN GREEN 89 PITKIN WAY PITKIN COUNTY, COLORADO PROJECT NO. 18-7-162 AUGUST 16, 2018 REVISED AUGUST 31, 2018 PREPARED FOR: JOHN KIM 6643 NORTH 66TH PLACE PARADISE VALLEY, ARIZONA 85253 johntkim@icloud.com TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY.......................................................................................- 1 - PROPOSEDCONSTRUCTION................................................................................................- 1 - SITECONDITIONS..................................................................................................................- 1 - FIELDEXPLORATION............................................................................................................ - 2 - SUBSURFACE -SUBSURFACE CONDITIONS................................................................................................. - 2 - DESIGN -DESIGN RECOMMENDATIONS............................................................................................- 3 - FOUNDATIONS.................................................................................................................... - 3 - FLOORSLABS......................................................................................................................- 4 - UNDERDRAINSYSTEM..................................................................................................... - 4 - SURFACEDRAINAGE........................................................................................................ - 5 - -LIMIDRYWELL............................................................................................................................. - 5 - LIMITATIONS TATIONS...........................................................................................................................- 5 - FIGURE -FIGURE 1 - LOCATION OF EXPLORATORY BORINGS FIGURE 2 - LOGS OF EXPLORATORY BORINGS TABLE 1 - PERCOLATION TEST RESULTS Project No. 18-7-162 PURPOSE AND SCOPE OF STUDY This report presents the results of a subsoil study for a proposed residence to be located on Lot 7, Pitkin Green, 89 Pitkin Way, Pitkin County, Colorado. The project site is shown on Figure 1. The purpose of the study was to develop recommendations for the foundation design. The study was conducted in general accordance with our proposal for geotechnical engineering services to John Kim dated January 24, 2018. Exploratory borings were drilled to obtain information on the subsurface conditions. Samples of the subsoils obtained during the field exploration were evaluated for classification and other engineering characteristics. The results of the field exploration and laboratory testing were analyzed to develop recommendations for foundation types, depths and allowable pressures for the proposed building foundation. This report summarizes the data obtained during this study and presents our conclusions, design recommendations and other geotechnical engineering considerations based on the proposed constriction and the subsurface conditions encountered. PROPOSED CONSTRUCTION The proposed residence will replace the existing residence at essentially the same location shown on Figure 1 and have a basement level. Basement floor will be structural above crawlspace. Grading for the structure is assumed to be relatively extensive possibly up to around 15 feet deep and excavation shoring will be provided along the entire uphill cut face to maintain stability. We assume relatively light foundation loadings, typical of the proposed type of construction. If building loadings, location or grading plans change significantly from those described above, we should be notified to re-evaluate the recommendations contained in this report. SITE CONDITIONS The site is occupied by a one and two-story residence with an attached garage that is cut into a moderately steep, south facing slope. The downhill, front part of the building site is relatively H-P-KUMAR Project No. 18-7-162 -2 - flat and slopes gently down to the southwest. Vegetation consists of landscaped lawn and shrubs with native brush, grass and weeds on the hillside. The Roaring Fork River is located to the southwest and well below the site elevation. FIELD EXPLORATION The field exploration for the project was conducted on August 2, 2018. Drill rig access was limited due to the steep irregular terrain and a special narrow drill rig was needed to get behind the residence. Boring 1 also had to be offset to the east due to an existing waterline. Two exploratory borings were drilled at the locations shown on Figure 1 to evaluate the subsurface conditions. The borings were advanced with 3 -inch diameter continuous flight augers powered by a mini drill rig. The borings were logged by a representative of H-P/Kumar. Samples of the subsoils were taken with a 1% inch I.D. spoon sampler. The sampler was driven into the subsoils at various depths with blows from a 140 pound hammer falling 30 inches. This test is similar to the standard penetration test described by ASTM Method D-1586. The penetration resistance values are an indication of the relative density or consistency of the subsoils. Depths at which the samples were taken and the penetration resistance values are shown on the Logs of Exploratory Borings, Figure 2. The samples were returned to our laboratory for review by the project engineer. SUBSURFACE CONDITIONS Graphic logs of the subsurface conditions encountered at the site are shown on Figure 2. The subsoils, below 3 inches of screened rock or about 6 inches of topsoil, consisted of about 9 feet of loose foundation wall backfill soils at Boring 1 and 4 feet of sandy silt and clay at Boring 2 underlain by relatively dense, silty sandy gravel with cobbles and possible boulders. Drilling in the dense granular soils with auger equipment was difficult due to the cobbles and boulders and drilling refusal was encountered in the deposit at both borings. No free water was encountered in the borings at the time of drilling. The subsoils were slightly moist to moist. H-PEWUMAR Project No. 18-7-162 -3 - DESIGN RECOMMENDATIONS FOUNDATIONS Considering the subsurface conditions encountered in the exploratory borings and the nature of the proposed construction, we recommend the addition be founded with spread footings bearing on the natural granular soils. The design and construction criteria presented below should be observed for a spread footing foundation system. 1) Footings placed on the undisturbed natural granular soils should be designed for an allowable bearing pressure of 3,000 psf. Based on experience, we expect settlement of footings designed and constructed as discussed in this section will be about 1 inch or less. 2) The footings should have a minimum width of 16 inches for continuous walls and 2 feet for isolated pads. 3) Exterior footings and footings beneath unheated areas should be provided with adequate soil cover above their bearing elevation for frost protection. Placement of foundations at least 42 inches below exterior grade is typically used in this area. 4) Continuous foundation walls should be reinforced top and bottom to span local anomalies such as by assuming an unsupported length of at least 10 feet. Foundation walls acting as retaining structures should also be designed to resist a lateral earth pressure corresponding to an equivalent fluid unit weight of at least 45 pcf for the onsite granular soil as backfill excluding rock larger than 6 inches. 5) All existing fill, topsoil and any loose or disturbed soils should be removed and the footing bearing level extended down to the relatively dense natural granular soils. The exposed soils in footing area should then be moistened and compacted. 6) A representative of the geotechnical engineer should observe all footing H-N:%KUN /VkR excavations prior to concrete placement to evaluate bearing conditions. Project No. 18-7-162 -4 - FLOOR SLABS The natural on-site soils, exclusive of topsoil, are suitable to support lightly loaded slab -on -grade construction. To reduce the effects of some differential movement, floor slabs should be separated from all bearing walls and columns with expansion joints which allow unrestrained vertical movement. Floor slab control joints should be used to reduce damage due to shrinkage cracking. The requirements for joint spacing and slab reinforcement should be established by the designer based on experience and the intended slab use. A minimum 4 -inch layer of free - draining gravel should be placed beneath basement level slabs to facilitate drainage. This material should consist of minus 2 -inch aggregate with at least 50% retained on the No. 4 sieve and less than 2% passing the No. 200 sieve. All fill materials for support of floor slabs should be compacted to at least 95% of maximum standard Proctor density at a moisture content near optimum. Required fill can consist of the on- site granular soils or a suitable imported material such as 3/a inch road base devoid of vegetation, topsoil and oversized rock. UNDERDRAIN SYSTEM Although free water was not encountered during our exploration, it has been our experience in the area that local .perched groundwater can develop during times of heavy precipitation or seasonal runoff. Frozen ground during spring runoff can also create a perched condition. We recommend below -grade construction, such as retaining walls, crawlspace and basement areas, be protected from wetting and hydrostatic pressure buildup by an underdrain system. The drains should consist of drainpipe placed in the bottom of the wall backfill surrounded above the invert level with free -draining granular material. The drain should be placed at each level of excavation and at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1% to a suitable gravity outlet or drywell. Free -draining granular material used in the underdrain system should contain less than 2% passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a maximum size of 2 inches. The drain gravel backfill should be at least 1'/z feet deep. H-P%KUMAR Project No. 18-7-162 -5 - SURFACE DRAINAGE The following drainage precautions should be observed during construction and maintained at all times after the addition has been completed: 1) Inundation of the foundation excavations and underslab areas should be avoided during construction. 2) Exterior backfill should be adjusted to near optimum moisture and compacted to at least 95% of the maximum standard Proctor density in pavement and slab areas and to at least 90% of the maximum standard Proctor density in landscape areas. 3) The ground surface surrounding the exterior of the building should be sloped to drain away from the foundation in all directions. We recommend a minimum slope of 6 inches in the first 10 feet in unpaved areas and a minimum slope of 3 inches in the first 10 feet in paved areas. Free -draining wall backfill should be covered with filter fabric and capped with about 2 feet of the on-site soils to reduce surface water infiltration. 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. DRYWELL Drywells or bio-swales can be used for site runoff detention and disposal. The Natural Resources Conservation Service has identified four hydrologic soil groups (HSG) in the Aspen area and the site is located in Type B soil having a moderate infiltration rate. Results of a percolation test performed at Boring 2 in the underlying granular soils are shown on Table 1 and indicate an infiltration rate of about 4 minutes per inch. Groundwater and bedrock are not expected to be shallow in this area and should not affect drywell or bio-swale performance. LIMITATIONS This study has been conducted in accordance with generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either express or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings drilled at the locations indicated on Figure 1, the proposed type of H-I'vKUMAR Project No. 18-7-162 M construction and our experience in the area. Our services do not include determining the presence, prevention or possibility of mold or other biological contaminants (MOBC) developing in the future. If the client is concerned about MOBC, then a professional in this special field of practice should be consulted. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory borings and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during construction appear different from those described in this report, we should be notified so that re-evaluation of the recommendations may be made. This report has been prepared for the exclusive use by our client for design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recommendations have been appropriately interpreted. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on-site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the geotechnical engineer. Respectfully Submitted, H -P= KUMAR Steven L. Pawlak, E8/3f�$� Reviewed by: ®,�A•.,04*0 Daniel E. Hardin, P.E. SLP/ksw cc: Forum Phi — Kara Thompson (kthompson@forumphi.com) H-KKUNIAR Project No. 18-7-162 H-P�KUMAR Geotechnical Engineering I Engineering Geology Materials Testing I Environmental August 31, 2018 John Kim 6643 North 66'h Place Paradise Valley, Arizona 85253 johntkim@icloud.com Subject: Dear Mr. Kim: 5020 County Road 154 Glenwood Springs, CO 81601 Phone: (970) 945-7988 Fax: (970) 945-8454 Email: hpkglenwood@kumarusa.com Office Locations: Parker, Glenwood Springs, and Silverthorne, Colorado Project No. 18-7-162 Geotechnical Review of Steep Slope Areas, Proposed Residence, Lot 7, Pitkin Green Subdivision, 89 Pitkin Way, Pitkin County, Colorado As requested, the undersigned representative of H-P/Kumar observed the subject site on August 26, 2018 for steep slope and disturbed slope conditions. The review was conducted to address section 7-20-20: Steep and Potentially Unstable Slopes of the Pitkin County Land Use Code, and as additional services to and according to our proposal for professional engineering services to you, dated January 24, 2018. H-P/Kumar previously conducted a subsoil study for proposed development at the subject site and presented the findings in a report dated August 31, 2018, Project No. 18-7-162. Development Plans: Development plans for the property include replacing the existing residence in essentially the same location. The proposed development area on the uphill, northeast side includes slopes of 40 to 50% which have been disturbed by prior development mainly consisting of excavation into the hillside. The transition from the existing residence to the natural hillside consists of a stacked boulder slope at a grade of around '/z horizontal to 1 vertical up to about 10 feet high. The hillside is also traversed and crossed behind the residence with a buried waterline. Foundations for the proposed residence are expected to extend down through old fill soils and disturbed soils from the existing residence construction and into the natural soils. A shoring wall will be constructed along the uphill side of the building area to retain the building excavation slope and maintain stability of the hillside and existing utilities. Slope Stability Conditions: The lot is southwest facing and occupied by a residence and associated improvements mainly on the downhill, southwest side of the property. Existing waterworks follow the backside of roughly the western half of the building footprint. The property is located on glacial moraine deposits comprised of relatively dense, coarse granular soils to large boulder size that are relatively well drained and not prone to slope instability. The overall natural slope across the general proposed development area appears to be typically between 5 and 20%. The steep slope areas (greater than 30%) mainly above the development area and other localized steep areas to the northwest and southeast of the residence were observed for stability conditions and extent of disturbance by the prior lot development and utility construction. The extent of disturbed areas essentially consists of cuts made into the John Kim August 31, 2018 Page 2 natural hillside for the existing residence development. No indications of slope movement such as slumps, bulging, ground cracks or seepage were observed on the natural hillside or man - disturbed steep slopes. Conclusions: Based on our review, the man -disturbed areas are minor slope anomalies and the steep boulder covered slopes have performed adequately to support the natural hillside cuts. In our opinion, the proposed development and new residence that extend into these steep slope areas will not increase the potential for slope instability with proper grading design and excavation shoring construction as planned. Once the development plans have been completed, we should review them for compliance with our findings and perform additional geotechnical study if needed. If you have any questions or need further assistance, please call our office. Sincerely, H - P --,- KUMAR Steven L. Pawla Rev. by: DEH SLP/kac cc: Forum Phi — Kara Thompson (kthompson@forumphi.com) Forum Phi — Buie Fox (bfox@forumphi.com) H -P � KUMAR Project No. 18-7-162 Pitkin County Mailing List of 300 Feet Radius From Parcel: 273501402009 on 08/22/2018 ITKIN 6 COUNT Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page,, or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www.pitkinmapsandmore.com CITY OF ASPEN BEMAR LLC 130 S GALENA ST 625 E HYMAN #201 ASPEN, CO 81611 ASPEN, CO 81611 MOUNT DALY LLC REISS JAMES J & PRISCILLA 7688 SE 27TH ST #224 601 POYDRAS ST #1630 MERCER ISLAND, WA 98040 NEW ORLEANS, LA 70130 HILLCROFT VENTURE LAURIDSEN NIXON E 2008 TRUST 550 WAUGH DR 2425 SE OAK TREE LN HOUSTON, TX 77019 ANKENY, IA 50021 GURRENTZ RODGER B TRST SAGHATOLESLAMI FAMILY TRUST 1501 ARDMORE BLVD # 400 PO BOX 8080 PITTSBURGH, PA 15221 ASPEN, CO 81612 PITKIN COUNTY 123 EMMA RD #204 BASALT, CO 81621 848 WILLOUGHBY LLC 623 E HOPKINS AVE ASPEN, CO 81611 GURRENTZ PATRICK H TRST 1501 ARDMORE BLVD # 400 PITTSBURGH, PA 15221 LAFIELD ASPEN VENTURES LLC 9401 MEADOWBROOK DR DALLAS, TX 752202251 ENSIGN I LTD 2001 KIRBY DR #1300 HOUSTON, TX 77019 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and �4Cc V V IL60 (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to COUNTY an application for 89 P rrt IN (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 Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $�'a which is based on9,Vhours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben Community Development Director EXHIBIT K 5-t-Ffv W LsoN Print Name Signature Date: Mailing Ad re s: W Mal y� S PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on February 14, 2019, the Pitkin County Community Development Director granted approval for the Roadsend LLC Activity Envelope and Site Plan Review (Case P073-18; Decision #016-2019). The property is located at 89 Pitkin Way and is legally described as Lot 7, Block 1, Pitkin Green Subdivision. The State Parcel Identification Number for the property is 2735-014- 02-009. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly, on MARCH 7, 2019. PUBLIC NOTICE RE: Roadsend LLC Activity Envelope and Site Plan Review (Case P073-18) NOTICE IS HEREBY GIVEN that an application has been submitted by Roadsend LLC (3750 Las Vegas Boulevard South, #3106, Las Vegas, NV 89158) requesting approval to establish an Activity Envelope and obtain Site Plan Review approval to replace the existing residence. The property is located at 89 Pitkin Way and is legally described as Lot 7, Block 1, Pitkin Green Subdivision. The State Parcel Identification Number for the property is 2735-014-02-009. The application is available for public inspection in the Pitkin County Community Development Department, 530 East Main Street, Suite #205, Aspen, CO 81611. Comments or objections are due by November 25, 2018. For further information, contact Ezra Louthis at ezra.louthis@pitkincounty.com. Published in the Aspen Times Weekly on October 25, 2018. Attention All Property Owners within 300' of the subiect property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 530 East Main Street, Suite #205, Aspen, Colorado 81611, by November 23, 2018. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. hLtp://pitkincounty.com/DocumentCenterNiew/17343 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 530 East Main Street, Suite #205 Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 October 11, 2018 Kara Thompson 715 West Main Street, #204 Aspen, CO 81611 kthompson@forumphi.com Re: Roadsend LLC Activity Envelope and Site Plan Review (PID #2735-014-02-009; Case # P073-18) Dear Ms. Thompson: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. 1. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300' of the subject property with the return address of the Community Development Department (copy of notice will be emailed to you by the Community Development Department) by October 25, 2018. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice who wishes to submit comments or objections to the Community Development Department may do so by the 29th day of October, 2018. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . Please note that it is you responsibility to post a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 9 day of November, 2018, which is at least fifteen (15) days prior to November 25, 2018. This must be submitted prior to any approvals being granted. If you have questions, please call Ezra Louthis, the planner assigned to your case, at ezra.louthis(a�pitkincounty.com Sincerely, Bonnie Shiles Administrative Assistant Encl: Affidavit Code Section 2-20-100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 530 East Main Street, Suite #205 Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Aspen Fire Protection Department County Attorney Planning Engineer Aspen Consolidated Sanitation Pitkin Green Water & Homeowners Association FROM: Ezra Louthis, Community Development Department Ezra.louthis@pitkincounty.com Re: Roadsend LLC Activity Envelope and Site Plan Review (PID 2735-014-02-009; Case P073-18) DATE: October 11, 2018 Attached for your review and comments are materials for an application submitted by Roadsend LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, November 23, 2018. http://pitkincounty.com/DocumentCenterNiew/I 7343 Thank you. PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00044878 Name: Forum Phi LLC Date:9/18/2018 Project Address: 89 PITKIN WAY Type: check # 3285 Permit Number Fee Description Amount 0073.2018.PLAN PP- Flat Fee 2,600.00 0073.2018.PLAN PP- Public Notice Fee 54.00 0073.2018.PLAN PP- Planning Eng Referral Fee 624.00 Total: 3,278.00