HomeMy WebLinkAboutpitkin.planning.264321304002 (2018)PITKIN COUNTY PLANNING CASELOAD INDEX
PARCEL ID:264321304002
CASE NAME:Pensco Trust Company Activity Envelope Review
CASE NO:P075-18
BOCC Reso:
PZ:
ADMIN:015-2019 #654078; Re
PLAT (BK,PG):B125 P9 #655038
PROJ ADDR:Red Tail Ln
ADR:1450 Silver King Dr
FEES DUE:$1,354.00 FEES RCVD:$1,354.00 #00044
REFERRALS:Attorney REF:10/11/2018 BY:bj DUE:11/23/2018
DATE RCVD:9/20/2018
MTG DATE PH
yes
NOTICED
10/25/2018
REMARKS:app to rep & ref 10/11/18// pn to rep & jj 11/17/18
PLAT RECORDED:
4/4/2019
CLOSED:2/28/2019 BY:BS
PHN:C/S/Z:Aspen, CO 81611
HRG OFF:
yes
ADR:PO Box 3613 C/S/Z:Aspen, CO 81612 PHN:970-920-1125
DATE OF FINAL ACTION:2/15/2019
# COPIES:1
VR APPROVAL DATE:2/15/2019 VR EXPIRES:02/15/2022
ADMIN INDEX:2019
HO INDEX:
Suzanne Wolff
REV BODY
Administration
ALLOCATED HOURS:4
CASE TYP:Activity Envelope
CASE TYP6:
CASE TYP5:
CASE TYP3:
CASE TYP2:
CASE TYP7:
CASE TYP4:
4.8% OVER:
Date Scanned:4/8/2019
File Location:laser fiche
BOCC Ord:
Planners
Email Addr:arichman@sopris.net
APP_First:APP_Last:Pensco Trust Comp
Applicant is Owner?: OWNER_First1:OWNER_Last1:Pensco Trust Company
OWNER_First2:OWNER_Last2:OWNER_First3:OWNER_Last3:
OWNER_First4:OWNER_Last4:OWNER_First5:OWNER_Last5:
OWNER_First6:OWNER_Last6:OWNER_First7:OWNER_Last7:
OWNER_First8:OWNER_Last8:
REPRESENTATIVE_First:Alan REPRESENTATIVE_Last:Richman
VR PUBLICATION DATE:3/7/2019VR Yes/No?:
PLAT REQUIRED?:
LEGAL DESCRIPTION:Brush Creek Village Lot 2 Blk 6 Flg 1
BOA ACTION:
REFERRALS 2:Brush Creek Metro District
REFERRALS 3:
REFERRALS 4:
REFERRALS 5:
REFERRALS 6:
REFERRALS 7:
REFERRALS 8:
REFERRALS 9:
REFERRALS 10:
REFERRALS 11:
REFERRALS 12:
REFERRALS 13:
REFERRALS 14:
REFERRALS 15:
PLAT BK:
125
PLAT Pg:
9
PLAT RECEPTION NUMBER:
655038
Eden Permit Number:0075.2018.plan
Special Event Start Date:
Special Event Stop Date:
Covenant Document Type Covenant Contract Doc #Covenant Reception #Covenant Date Recorded
111111111Mi1111M11
RECEPTION/: 854078. R: 10.00, D: $0.00
DOC CODE ADMIN DE=N
P81 of 7, 022012018 at 12:68:36 PM
Janice K. VOW Caudill. PHMn County, Co
ADMINISTRATIVE DECISION OF THE PMM COUNTY, COLORADO, COMMUNITY
DEVELOPMENT DIRECTOR APPROVING THE PENSCO TRUST C0141PANY
ACTIVITY ENVELOPE
Administrative Decision Ne.6 -2019
RECITALS
1. Pensca Trust Company ("Appiicanf) has applied to the Community Development Director of Pitkin
County ("Director") to establish an activity envelope for a single family residence.
2. The lot contains 2.11 acres and is a nonconforming size lot within the AR -10 zone district.
6
3. The lot is located on Red Tail Lane, and is described as Lot 2, Block f, Filing No. 1, Brush Creek Village
Subdivision.
4. The subdivision was platted in 1966; therefore, the lot is exempt from Growth Management up to 5,750
square feet, pursuant to Land Use Code Sec, 6-30-100(6).
5. The Community Development Diteetor approved the same activity envelope, pursuant to Administrative
Decision No. 49-2008. The Activity Envelope Plan was recorded in Plat Book 87 at Page 64. The
vested rights expired on June 5, 2011.
6. The Hearing Officer approved the same activity envelope, pursuant to Hearing Officer Determination
No. 05-2015. The Activity Envelope Plan was recorded in Plat Book 112 at Page 91. The vested rights
expired on September 29, 2018.
7. The Director finds that the proposed activity envelope is consistent with the applicable requirements of
the Code, as follows:
A. The area on the lot with less than 300A slopes is accessible from Red Tail Lane, but is not large
enough to develop the allowable floor area and the associated infrastructure, including a driveway
and on-site wastewater disposal system. Therefore, slopes in excess of 30% and up to 45% within
the activity envelope may be used for development, pursuant to Sec. 7-20-20(c)(2) ofthe Code. A
licensed geologist has confirmed that them aro no indications of slope instability.
B. The wildfire hazard is rated as severe, and can be mitigated pursuant to the provisions of Sec. 7-20-
60(c) of the Code.
C. The lot is within a mapped Mancos shale area, where development is permitted subject to
mitigation, pursuant to Sec. 7-20-50(f) of the Code.
D. The lot is not within any mapped wildlife habitat areas.
APPROVED by the Dircetor, subject to the following conditions, which shall run with the land and be
binding on all successors in interest:
1. The Applicants shall adhere to all material representations made during the application process.
2. The conditions of this Administrative Decision shall replace and supercede the conditions of Hearing
Officer Determination No. 05-2015.
Administrative Decision No. IS -2019
Page 2
3. Prior to submission of any building or other development permit applications, the Applicant shall be
required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7-
10-50 of the Code. At Site Plan Review, the Activity Envelope may be revised to comply with See. 7-
10-50 of the Code. The Activity Envelope shall be large enough to accommodate the proposed principal
use of the property and traditional permitted accessory structures, but shall not be significantly larger than
the area needed for such structures and associated infrastructure (Sec. 7-10-50(c)). Consideration shall be
given to minimizing impacts on surrounding properties (Sec. 7-(0-50(b)). The Site Plan Review
application shall address the following, in addition to the other requirements specified above:
A. Demonstrate compliance with the standards in Sec. 7-20-120(d) for development within the
Scenic View Protection Area and the rural character guidelines for building location in Sec. 7-20-
120(e) of the Code.
B. Demonstrate that the site can accommodate an on-site wastewater treatment system (OWTS) that
complies with the then current OWTS regulations.
C. Demonstrate that as much of the floor area as can feasibly be accommodated is placed within the
portion of the activity envelope that contains slopes of less than 309'0, pursuant to Sec. 7-20-
20(cx2) of the Code.
D. Submit a precise engineer or geologist approved plan for mitigation of development on slopes in
excess of 30'/0. The plan shall show the area of disturbed slope, required regrading and the size
and location of mitigation devices (if required). Retaining walls shall comply with the guidelines
and standards in Sec. 7-20-20(e) of the Code. The plan shall ensure that excavation cuts do not
compromise the stability of the road platforms to the south and west. Retaining walls, soil nails,
pilings or other stabilization measures shall not encroach into the road rights-of-way.
E. Submit a soils report that provides speck design and construction stabilization measures to
address potential slope instability and swelling rock/soil characteristics on the lot in order to
ensure adequate stability of foundations and other improvements.
F. Submit a landscaping plan. Landscaping shall be limited to native species that do not require
supplemental irrigation. Water features are discouraged; if installed they shall be sealed against
leakage and routinely inspected.
4. Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for
approval by the County Attorney and Community Development an Activity Envelope Plan in
accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The above
referenced approvals shall be a condition precedent to finalization and recordation.
5. At building permit application, the Applicant shall:
A. Provide a letter from the Brush Creek Metropolitan District verifying that the District can serve the
lot and that an adequate water supply (in terms of quantity and availability) can be obtained.
B. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist
for review and approval by the Planning Engineer.
C. Submit a construction management plan for review and approval by the Planning Engineer.
D. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes.
E. Complete a fireplace/woodstove permit with the Community Development Deportment, if
necessary.
F. Submit a landscape plan and detailed revegetation plan for disturbed areas with appropriate seed
metes.
G. Submit a lighting plan.
H. Submit an access permit for the driveway, which shall be approved by the Planning Engineer.
L Submit an on-site wastewater disposal system permit to the Environmental Health and Natural
Resources Department..
Admin trrartm Decision No 15-2019
Page 3
6. Prior to issuance of a building permit for the residence, the Applicant shall pay the applicable road and
employee housing impact fees.
7. No structural development in excess of 30" above or below natural grade shall occur within the
setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above
or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from
the most restrictive grade. Any development located within setbacks mandated by County zoning
regulations that does not comply with these restrictions shall require a variance from the Board of
Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a
variance.
S. 5,750 squaw feet of gross floor area is exempt from growth management without the use of TDRs or
growth manaSement allotments for additional floor area.
9. The Applicant shall comply with the following standards for Development in a Severe Wildfire
Hazard Area:
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows (note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions):
1) Brush, debris and non -ornamental vegetation shall be removed and not replaced within a
minimum 10' perimeter around all structures..
2) Clumps of brush and vegetation up to a 40' perimeter around all structures (or to lot
boundaries) shall be a minimum of 2 times the height of the fuel. Maximum diameter of
clumps shall be `h the height of the fuel. All measurements shall be from the edges of the
crowns of the fuel. Below the structures, beyond 40' and up to 60' from all structures, thin
shrubs to 30% of the original canopy closure, with no clumps being larger than approximately
25' in diameter.
3) All branches from trees and brush within the 40' perimeter shall be pruned to a height of 10'
above the ground with removal of ladder fuels from around heel and brush.
4) No more than 3 coniferous trees shall be planted within 30' of all structures. No conifers
shall be within 20' of the structures, and no conifers shall be placed below (downslope) of the
structures. Tree crown separation shall be a minimum of 201, except for aspen trees, which
do not need to have a tree crown separation.
5) All deadf tU up to a 100' perimeter (or to lot boundaries) shall be removed.
6) No flammable mulches shall be placed within two (2) feet of a residence.
7) No shrubs or conifers are allowed within 15' of the driveway. Aspen are permitted within
10' of the driveway, but must be pruned to 6' above the ground.
8) Low vegetation (grasses, forbs and low shrubs) shall be kept mowed to less than 6" within
10' of either side of the driveway.
9) The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
RECEPTION#: 674280, 03/08/2021 at 02:39:48 PM, Pgs 4 of 7, Janice K. Vos Caudill, Pitkin County, CO
Administrative Decision No. 16-2019
Page 4
B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted
Building Code. No wood shakes or shingles. All other adopted Building Code compliant
methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they
comply with the following:
1) All roof coverings shall be constructed of non-combustible materials and installed on a Class
A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
3) Protrusions above the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
C. Roof Venting:
1) Soffit venting shall be located in the outer 1/3'a portion of the overhang
2) Attic, soffit and other roof venting shall be of non -corrosive metal mesh with maximum 'A"
openings.
D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other.
One hour rated material or any material underlain by 518" Type X gypboard or equal, or "Type
IV" Heavy Timber materials, per the currently adopted building code.
E. Decks, Decking, Cantilevered Floors, or (filter Projections Below the Roofline:
I ) Construction with noncombustible or one (t) hour rated material, or material with flame
spread <25 (tested to ASTM E84 and listed for exterior use), or
2) Conventionally framed deck with waterproof surface and underside protected with 518" Type
X gypboard or equal (decking as "a" above), or
3) "Type IV" Heavy Timber materials: joist and besms minimum 6"x1(Y", columns, minimum
$"x8", decking minimum 4" in depth, or decking as "a" above; or equivalent log
construction, or
4) Enclose projection vertically to ground with one hour fire resistive materials. Decking as "a"
above.
F. Railings: Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials.
G. Exterior of the Structure, Including All Walls:
1) One (1) hour fire resistive rated materials, or
2) 518" gypboard underlying combustible materials, or
3) Cement stucco, minimum 3s" thickness.
4) All glazing to be tempered glazing; and
5) Doors to be metal or wood 1 %11 thick minimum.
Adininisoatve Decision No, E-2019
Page 5
H. Foundations: Foundations, skirting, and crawl space openings shall be fully enclosed and
constructed with materials approved for one (1) hour fire -resistive construction on the exterior
side of the walls and shall extend from the top of grade to the underside of the floor decking or
walls.
I. Maintenance and Miscellaneous Requirements
1) Roofs and gutters shall be kept clear of debris.
2) Any outbuilding shall adhere to the same wildfire requirements.
3) Yards shall be kept clear of all litter, slash and flammable debris.
4) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet
away from any structure.
5) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more
than six (6) inches.
6) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (IS) fact
away from the structure.
7) Swimming pools and ponds shall be accessible by the local fine district.
8) Fences shall be kept clear of brush and debris.
9) Wood fences shall not connect to other structures.
10)' Fuel tanks shall be installed underground with an approved container.
11) Propane tanks shall be buried, if possible, or installed according to NEPA 58 standards and on
a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be constructed with
materials approved for two (2) hour fire -resistive construction on the exterior side of the
walls.
12) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
13) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be
visible at the primary point of access from the public or common access road and installed on
a non-combustible post.
14) Utilities shall be extended underground.
10. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire protection
District. including but not limited to access, turning around of fine apparatus, installation of an approved
fire sprinkler system and provision of water supply for fire fighting. A fire hydrant is located within 100'
Of the k>t.
11. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside of the activity envelope.
B. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the
County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to
issuance of a certificate of occupancy.
C. Fencing shall comply with the following, except for fencing immediately adjacent to the
buildings to contain pets or livestock:
1) Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed
48 inches in height above ground level and 12 inches in width (top view), and shall have at
least 18 inches between two of the rails.
2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42
RECEPTION#: 674280, 03/08/2021 at 02:39:48 PM, Pgs 6 of 7, Janice K. Vos Caudill, Pitkin County, CO
Adtnmislrar ve Decision ,No. f!�-2019
Page 6
inches in height
3) Mesh or woven wire fences are prohibited, except when used for protection around isolated
trees or clumps of trees.
D. Avoid fruit bearing trees and shrubs in any landscaping.
E. Construction workers shall be prohibited from bringing dogs on-site during construction.
F. All outside doors shall utilize only solid round handled door knobs unless another type is required by
the applicable building code far disabled accessibility purposes.
G. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and
shall be at least 10' from the ground suspended between 2 trees or posts. All seed feeders shall
include a seed catchment pan to catch discarded seeds. Bird feeders should be removed fiom April
through November.
12. No development including grading, excavafiou, fill placement, berming, landscaping, vegetation
removal Ordistiurbence, well or septic system shall occur outside of the approved activity envelope,,
except as necessary to comply with the wildfire mitigation measures described above.
13. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
14.. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within one
growing season of the project's completion.
15. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit
16. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property -
17. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code § 2-20-170 and C.RS. § 24-68-105. The statutory vested rightsgrantedherein shall expire on
2022.
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PENSCO TRUST COMPANY
(STITT)
ACTIVITY ENVELOPE
PLAN REVIEW
SUBMITTED BY
ALAN RICHMAN PLANNING SERVICES, INC.
P.O. BOX 3613
ASPEN, COLORADO 81612
920-1125
SEPTEMBER, 2018
TABLE OF CONTENTS
PAGE
I. Project Description ............................................. 1
A. Application Request ........................................ 1
B. Property Description and Proposed Development ................. 1
II. Standards for Activity Envelope/Site Plan Review .................... 4
A. Site Preparation and Grading ................................. 4
B. Steep and Potentially Unstable Slopes ......................... 5
C. Water Courses and Drainage ................................. 8
D. Geologic Hazards .......................................... 9
D. Wildfire Hazards .......................................... 10
E. Wildlife Habitat Areas ...................................... 16
III. Conclusion ................................................... 18
EXHIBITS
#1. Proof of Ownership
#2. Letter Authorizing Submission of Application
#3. Pre -Application Conference Summary
#4. Geologic Report by Bruce A. Collins, Ph.D
#5. Administrative Determination 49-2008
#6. Hearing Officer Determination 05-2015
#7. Wildfire Report by Eric Peterson
DRAWINGS
Vicinity Map
Activity Envelope Plan (As recorded in Plat Book 112 @ Page 91)
PROJECT DESCRIPTION
A. Application Request
This is an application requesting the designation of an activity envelope for the
development of a single-family residence and customary accessory uses. The subject
property is legally described as Lot 2, Block 6, Filing No. 1, Brush Creek Village
Subdivision, The Parcel ID# for this lot is 264321304002. A vicinity map showing the
location of the lot within the subdivision is included within this application.
The application is being submitted by Pensco Trust Company, which holds title to the
property on behalf of Ms. Austine Stitt (hereinafter, "the applicant") who has placed the
property in her retirement trust account. A legal description and proof of ownership of
the property is provided in the Warranty and Quit Claim Deeds, attached hereto as
Exhibit #1.
The applicant is being represented by Alan Richman Planning Services, Inc. for this
application. A letter from the applicant confirming this arrangement is attached as
Exhibit #2.
A pre -application conference was held with a representative of the Community
Development Department. The Pre -Application Conference Summary issued by the
staff (see Exhibit #3) states that the review procedure applicable to this proposal is as
follows:
Designation of an Activity Envelope, pursuant to Land Use Code Section 7-10-50.
The applicant also requests that the designated activity envelope be granted vested
rights pursuant to Sec. 2-20-170 of the Pitkin County Land Use Code.
The Pre -Application Conference Summary lists the following sections of the Pitkin
County Land Use Code that should be addressed by the applicant to designate an
Activity Envelope:
Section 7-20-10:
Site Preparation and Grading
Section 7-20-20:
Steep and Potentially Unstable Slopes;
Section 7-20-30:
Water Courses and Drainage;
Section 7-20-50:
Geologic Hazards (Mancos Shale);
Section 7-20-60:
Wildfire Hazard; and
Section 7-20-70:
Wildlife Habitat (no mapped habitat).
The following sections of this application identify the provisions of the Land Use Code
applicable to this procedure and provide responses to the applicable County standards.
First, however, a brief description of the property is presented below.
B. Description of Property and Proposed Activity Envelope
The subject property is an irregularly-shaped lot that is 2.11 acres in size. This Board -
approved lot was created in 1966, when the plat for the Brush Creek Village Subdivision
was filed in Plat Book 3, Page 62 of the records of the Pitkin County Clerk and
Recorder.
The lot is zoned AR -10, making it a non -conforming sized lot of record. A single-family
residence is a use allowed by right on a non -conforming sized lot of record.
Pensco Trust Company (Stitt) Activity Envelope Plan Page 1
As shown on the vicinity map, this lot is located on the downhill side Red Tail Lane, a
short cul-de-sac located just off of Medicine Bow Road, towards the top of Brush Creek
Village. The lot is vacant, without any significant man-made improvements.
A topographic and improvement survey of the lot was prepared in support of this
application. The survey shows that this lot drops off below (to the east of) Red Tail
Lane. There is a relatively narrow, flat bench just below the road, with slopes that are
less than 30%. The remainder of the lot is generally steeper, including areas with
slopes of 30% to 45% and slopes in excess of 45%. Most of the lot is covered with
relatively continuous brushy vegetation.
The applicant has carefully considered these conditions in proposing an activity
envelope for this lot. First, the lower portion of the property, which is characterized
predominantly by slopes greater than 45%, was excluded from the activity envelope, as
required by the Land Use Code. This left the upper portion of the lot as the most
appropriate location for the envelope. The flat bench that is just below the road is a
suitable location for the envelope to be located based on the standards of the Code.
However, this narrow bench is not deep enough to allow for development of a house,
driveway, and an on-site sewage disposal system. The front yard setback in this area is
30', which takes up a significant portion of the flat area. So this leaves areas of as
narrow as 30', ranging up to about 60' in depth, in which to locate a house and
associated facilities if the envelope were limited solely to slopes of less than 30%.
If the envelope were limited solely to this area, then the resulting house would be built
relatively close to Red Tail Lane. Because the envelope would be so narrow, there
wouldn't be much opportunity for a house to be stepped along the slope. Instead, the
design would likely be more of a traditional two story building located near the top of the
lot. This outcome would not be particularly desirable for the neighboring houses on the
northern side of the street, whose owners have enjoyed views across this property
towards Independence Pass. It would also make it virtually impossible to accommodate
on-site sewage disposal, with no obvious location for such a system being present
within that envelope configuration.
Given these limitations, the envelope must also include lands having a slope of 30% to
45%. Sec. 7-20-20 c.2 of the Land Use Code states that if a parcel contains some
areas with slopes of less than 30%, then as much of the floor area as possible shall be
located on those slopes. Areas of 30% to 45% may then be used for the remainder of
the floor area. The purpose of this language is to ensure that the County's slope
development restrictions do not impose a floor area reduction on a property.
Therefore, the envelope is also proposed to include the lands immediately below the flat
bench which have slopes that are in excess of 30%, but less than 45%. Including these
lands in the envelope will provide an area for on-site sewage disposal to be
accommodated. It will also provide an opportunity for a future owner of this lot to design
a house at site plan review that steps the house down along the slope. This is a typical
design solution on steeper lots in Brush Creek Village, including the lot immediately to
the east of the subject property. If this design is chosen it will provide the opportunity
for some of the mass of the structure to be located below the road, reducing its visibility
from both above and below this lot. A geologic report is included in this application (see
Exhibit #4) which demonstrates that these steeper slopes are stable and can
successfully support the development of a residence.
Pensco Trust Company (Stitt) Activity Envelope Plan Page 2
It is important to point out that this identical activity envelope was previously approved
by the County for this lot, first in 2008 and then for a second time in 2015. Approval of
the activity envelope was originally granted pursuant to Administrative Decision No. 49-
2008 (see Exhibit #5). The activity envelope plan documenting that approval is
recorded in Plat Book 87 @ Page 64.
The vested rights associated with the 2008 approval expired on June 5, 2011.
Consequently, in 2015, the applicant submitted a second application for activity
envelope review in order to obtain new vested rights for the property so the lot could be
marketed to potential purchasers. Several neighbors submitted objections to the
application, so the activity envelope review was referred to the Hearing Officer.
The Hearing Officer considered these objections and the staff recommendation of
approval and granted approval of the requested envelope pursuant to Hearing Officer
Determination No. 05-2015 (see Exhibit #6). The activity envelope plan documenting
this approval is recorded in Plat Book 112 @ Page 91. For purposes of this
application, a copy of the recorded activity envelope plan has been submitted to
illustrate the envelope which is again being proposed. Once the County has taken
action on this application an updated activity envelope plan will be prepared for staff
review and recording with the County Clerk.
The vested rights for the 2015 approval are scheduled to expire on September 29,
2018. Therefore the applicant is submitting a third activity envelope application, seeking
approval for the identical activity envelope that was approved in 2008 and 2015.
The conformance of the proposed activity envelope with the applicable standards of the
Land Use Code is evaluated in the next section of this application.
Pensco Trust Company (Stitt) Activity Envelope Plan Page 3
II. STANDARDS FOR DESIGNATION OF ACTIVITY ENVELOPE
Chapter 7 of the Land Use Code establishes the standards related to the quality of
development in Pitkin County. Following are the applicant's responses to the applicable
standards of that chapter, as specified in the pre -application summary form.
A. Site Preparation and Grading (Sec. 7-20-10)
(a) Grading and Fill Placement. The applicant agrees that all grading and filling on-
site will take place within the activity envelope depicted on the activity envelope plan.
(b) Clearing, Grubbing and Vegetation Removal. The applicant agrees that all
clearing, grubbing and vegetation removal will take place with the activity envelope
depicted on the activity envelope plan.
(c) Tree Removal and Mitigation. There are no trees located on this lot that meet
the minimum size standards established in this section of the Code.
(d) Protection of Natural Terrain. The applicant agrees to follow those design and
construction techniques that may be recommended by the County Engineer or the
Community Development Director to mitigate any physical or visual damage from the
proposed development. This shall include, but not be limited to:
♦ Implementation of a landscape plan using native materials, to be completed no
later than the first planting season after construction of the residence;
♦ Removing and saving topsoil prior to any mass grading or excavation, and
replacing it following construction to the maximum extent practicable;
♦ Employment of appropriate weed prevention techniques that are consistent with
the provisions of the 2006 Revised Pitkin County Weed Management Plan;
♦ Installing utilities within the driveway and avoiding utility cuts along slopes to the
extent possible, to minimize damage to the natural environment and scenic
quality; and
♦ Following the County's adopted erosion and sedimentation control and
stormwater management standards.
Pensco Trust Company (Stitt) Activity Envelope Plan Page 4
B. Steep and Potentially Unstable Slopes (Sec. 7-20-20)
Section 7-20-20 of the Land Use Code provides standards for development on slopes of
15% to 30%, 30% to 45%, and 45% and greater.
A topographic survey of the property has been conducted, providing an analysis of
slopes on the property. It shows that there is a narrow, relatively flat bench just below
Red Tail Lane, with slopes that are less than 30%. The remainder of the lot is generally
steeper, with slopes of 30% to 45% and slopes in excess of 45%.
The flat portion of the property ranges in width from approximately 30' wide in its
narrower areas to 60' wide in its broader areas. This area of the property is not
adequate in size or configuration to accommodate the development of the residence,
driveway, and on-site sewage disposal system. A residence of up to 5,750 sq. ft. would
be permitted by right on this property. The maximum allowable house size on this
parcel is 15,000 sq. ft., if necessary growth management allocations are obtained.
If the applicant were to try to design a house of 5,750 sq. ft. or larger that would be
located entirely within the flat area, it would need to be sited just below the road and
would more than likely be a narrow, unusually long two story house that would project
well above Red Tail Lane. This style of development would have a dramatic impact on
the houses behind this lot, who have enjoyed open views towards Independence Pass
because the subject lot has been vacant and the neighboring house steps down the
hillside and does not project above the road. It would also make the development of
this lot more visible from Highway 82 than if the house were to step along the hillside.
The applicant does not believe that forcing the house to project above the road is the
appropriate development approach for this property.
Section 7-20-20 (c) (2) of the Land Use Code contains provisions that address this type
of situation. It states that if a parcel contains areas with slopes of less than 30%, but
those areas are not large enough to develop the floor area permitted by underlying
zoning, then as much of the floor area as can feasibly be accommodated shall be
located on the slopes of less than 30%, and the remaining floor area may be located on
slopes of 30% to 45%. Development on slopes in excess of 45% is not permitted by
this provision.
The activity envelope which the applicant proposes would include the slopes of 30% to
45% that are immediately south of the flat bench. Adding these slopes to the flat bench
allows an envelope to be drawn that is appropriately shaped to accommodate a
residence of the size allowed in the AR -10 zone district.
At the time of site plan review, the applicant will demonstrate that as much of the floor
area as can feasibly be accommodated has been placed on the flat bench. One
possible site plan for the property would place the upper story of the house in the flat
area and then step the house down along the slope, as has occurred on many other
sites in Brush Creek Village. The applicant would need to determine whether the on-
site sewage disposal system can be located on the upper bench (which would likely
mean that a system which pumps sewage up from the residence would be utilized). If
this proves not to be feasible or practical, then the sewage disposal system would most
likely be located below the residence, but would still be within the proposed activity
envelope.
The standards for review of development on slopes of 30% to 45%, as found in Section
7-20-20 (c) (1) are as follows:
Pensco Trust Company (Stitt) Activity Envelope Plan Page 5
(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.
Response: Exhibit #4 is a report prepared by Bruce A. Collins, Ph.D., a licensed
geologist. Mr. Collins has prepared a comprehensive analysis of geologic conditions on
this lot and has made recommendations as to how development on the site should be
designed.
According to Mr. Collins, there are steep and potentially unstable slopes of greater than
30% on the site. He concludes, however, that:
"There are no indications of slope instability. The general topography and
slope conditions of the lot are similar to much of the rest of Brush Creek
Village and excavation, construction and grading techniques suitable for
the site are well known."
The specific design measures recommended to address this hazard are described in
the response to standard (c), below.
Please note that Mr. Collins has also identified the presence of Mancos Shale on the
property. Responses to the standards for development in such areas can be found in
the section of this application addressing other geologic hazards.
(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 mechanical support, avoid increasing the weight load on the top
of the slope; re -contour disturbed slopes so they can be re -vegetated; avoid
steepening of existing slopes.
Response: The applicant agrees to comply with these requirements.
(c) Any development approved pursuant to this section shall be conditioned upon
compliance with the engineer or geologist's recommended mitigation measures.
Response: The recommendations contained in the Collins report can be summarized
as follows:
1. Sufficient soil testing should be performed to identify any slip planes in the
Mancos Shale and to ensure adequate stability of foundations, including
anchoring to competent bedrock to the extent necessary.
2. Foundations facing up-slope should be designed and constructed as retaining
walls.
3. All excavations and fills for utilities, driveways, landscaping, etc. that are not
graded back to at least 3:1 should be mechanically supported. Final grading to
4:1 is strongly encouraged.
4. Excavated materials should be well compacted, graded, and drained to avoid
increasing instability.
5. Final landscaping should be limited to native species that do not require
supplemental irrigation.
Pensco Trust Company (Stitt) Activity Envelope Plan Page 6
6. Installation of water features on and near slopes is discouraged. If such features
are installed, they must be sealed against leakage and routinely inspected.
The applicant agrees to comply with these recommendations in the development of this
lot.
(d) A precise engineer or geologist approved mitigation plan shall be required that
shows the area of disturbed slope, any re -grading required and the exact size
and location of all mitigation devices. Any development approved pursuant to
this section shall be conditioned upon compliance with the engineer or geologist's
recommended mitigation measures.
Response: The precise mitigation plan will be submitted at the time of site plan review.
Pensco Trust Company (Stitt) Activity Envelope Plan Page 7
C. Water Courses and Drainage (Sec. 7-20-30)
(b) Encroachment or Channeling. No encroachment or channeling activities are
proposed in any water course.
(c) Drainage. The applicant agrees to submit a drainage plan at the time of site plan
review demonstrating how the proposed development will comply with the
County's stormwater management standards.
(d) Groundwater. No activities are proposed that would interfere with groundwater
recharge or pollute groundwater. No contaminants will be introduced to
groundwater as a result of the proposed development.
(e) Irrigated Areas. There are no irrigated areas on the property that would be
affected by the proposed development. No impacts on irrigation practices will
occur.
(f} Irrigation Ditches. The will be no impacts to irrigation ditches as a result of the
proposed development.
(g) Sedimentation. The applicant agrees to submit an erosion control plan at the
time of site plan review, demonstrating how the proposed development will
comply with the County's standards for controlling sedimentation.
(h) Water Quality. The proposed development will be in compliance with the
County's adopted stream setbacks. The applicant agrees to comply with any
federal or state statutes concerning the protection or enhancement of water
quality that apply to the proposed development.
(i) Efficient Water Use. The applicant will comply with this standard.
Pensco Trust Company (Stitt) Activity Envelope Plan Page 8
D. Geologic Hazards (Sec. 7-20-50)
According to the County's geologic hazard maps, Mancos Shale is mapped as shallow
bedrock beneath the property.
Pitkin County permits development activities to occur within a Mancos Shale area if they
comply with the following standards:
(1) Include design and construction stabilization and maintenance measures
approved by a qualified professional geologist or engineer (licensed in the State
of Colorado).
(2) Are based on an evaluation of the development's effect on slope stability and
shrink -swell properties.
Response: The geologic report prepared by Bruce A. Collins (see Exhibit #4)
recognizes the need for site specific soil testing to be accomplished to fully assess the
sub -surface conditions on the site, including the shrink -swell characteristics, and to
recommend specific design and construction stabilization measures for foundations,
utilities and other improvements. The applicant agrees to submit a soils report at the
time of site plan review that specifies the recommended design and construction
stabilization measures and to comply with the recommendations contained in that
report.
(3) Are designed to provide adequate surface drainage.
(4) Avoid concentrated runoff from impervious surfaces into natural drainages unless
it is demonstrated that there will be no adverse effects.
Response: The applicant agrees to provide for adequate surface drainage and to
avoid concentrating runoff into natural drainages. As stated above, a drainage plan will
be submitted at the time of site plan review demonstrating how the proposed
development will comply with the County's stormwater management standards.
Pensco Trust Company (Stitt) Activity Envelope Plan Page 9
E. Wildfire Hazards (Sec. 7-20-6O)
During the pre -application conference with staff, the applicant was informed that the
County's wildfire hazard maps designate this site as being in a wildfire hazard area.
A site visit was conducted with Eric Petterson, one of the County's designated wildfire
experts. The purpose of the site visit was to evaluate the wildfire hazard present on the
property and to identify the appropriate mitigation strategy for its development. A letter
from Mr. Petterson summarizing his conclusions from this site visit and providing his
recommendations for wildfire mitigation is included as Exhibit #7.
Based on his site visit, Mr. Petterson has confirmed that the proposed building envelope
is located in an area that is subject to a high (severe) degree of wildfire hazard due to
the fact that slopes on the property are generally greater than 20% and there are
continuous, brushy fuels on the property.
The mitigation standards for development in wildfire hazard areas are found in Section
7-20-60 of the Land Use Code. Following are the applicant's responses to these
standards.
(1) Defensible Space
(a) Brush, debris, and non -ornamental vegetation shall be removed within a
minimum ten (10) foot perimeter around the structure.
Response: The applicant will comply with this requirement.
(b) Vegetation shall be reduced to break up the vertical and horizontal continuity of
the fuels a minimum of a thirty (30) foot perimeter around a structure built on flat
ground.
Response: Due to the slopes on the property, Mr. Petterson has recommended that
the vegetation reduction be extended up to a 40' perimeter and to a 60' perimeter below
the structure, unless limited by lot boundaries. The applicant will comply with this
recommendation.
(c) Spacing between clumps of brush and vegetation within 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 two (2) times the height of the fuel. All
measurements shall be from the edges of the crowns of the fuel.
Response: The applicant will comply with this requirement within the recommended
extended perimeter.
(d) All branches from trees and brush within the thirty (30) foot perimeters shall be
pruned to a height of 10 feet (10) above the ground, and removal of ladder fuels
from around trees and brush.
Response: The applicant will comply with this requirement within the recommended
extended perimeter.
(e) Tree crown separation within the thirty (30) foot perimeters shall have a minimum
of ten (10) feet between the edges of the crowns, except for mature stands of
Pensco Trust Company (Stitt) Activity Envelope Plan Page 10
Aspen trees where ladder fuels have been removed. In areas of Aspen re-
generation, understory shrubs and down and dead materials shall be removed.
Response: There are no existing trees on the property. However, the applicant will
comply with this requirement as it may apply to any new trees that are planted on the
property.
(� All branches that extend over the roof eaves shall be trimmed and all branches
within fifteen (15) feet of the chimneys shall be removed.
Response: The applicant will comply with this requirement.
(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.
Response: Mr. Petterson has not recommended that this standard apply to this
property.
(h) All deadfall up to a one hundred (100) foot perimeter shall be removed.
Response: The applicant will comply with this requirement.
(i) The property owner shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
Response: The applicant will comply with this requirement.
6) No new conifer trees shall be planted within ten (10) feet of a residence.
Response: Mr. Petterson recommends increasing the separation distance to 20' and
limiting the number of conifer trees in this area to just 3. He also recommends that no
conifer trees be planted below the residence. The applicant will comply with these
recommendations.
(k) No flammable mulches shall be placed within two (2) feet of a residence.
Response: The applicant will comply with this requirement.
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
provide by the Colorado State Forest Service, the Sheriffs Department, local fire
protection districts, and/or a person approved by the County as an expert in
wildfire areas 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 entrance point or divided single entrances do not satisfy this
condition. Where this is not feasible, the Community Development Department
may approve vehicle turnaround areas a maximum of seven hundred -fifty feet
(750) 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 in the proposed driveway entries.
Pensco Trust Company (Stitt) Activity Envelope Plan Page 11
Response: At the time of site plan review, a driveway design will be proposed that
conforms to County road standards.
(b) New dead-end streets (no cul-de-sacs) shall not be permitted, except for cul-de-
sacs and other turnarounds accepted by the applicable local fire district.
Response: No new streets are proposed.
(c) Cul-de-sac turnaround pads shall have a minimum of a thirty foot (30) drivable
surface inside turning radius, or a hammerhead or other T -tum area acceptable
to the applicable local fire district.
Response: The applicant will consult with the Aspen Fire Protection District prior to
site plan review. A fire truck turn around area that complies with AFPD standards will
be accommodated within the activity envelope.
(d) New driveways and access roadways shall enter the roadway at a ninety (90)
degree angle for the first twenty-five feet (25) of the driveway.
Response: The driveway will be designed to comply with this standard. At least two
potential areas for a driveway intersection have been incorporated within the proposed
activity envelope.
(e) Fuel breaks, as recommended by a wildfire expert approved by the County, may
be incorporated into the design of access roads or driveways.
Response: This is not a subdivision application.
8. 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 the fire protection water systems, private ponds may
be used if approved by the Community Development Department and the Fire
District
Response: Brush Creek Village is served by a public pressurized water system. A fire
hydrant is located within 100' of the lot, along Medicine Bow Road.
(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 (9, 000) gallon storage
capacity per structure.
Response: The applicant will comply with the applicable requirements of the AFPD.
(c) Regardless of size, all structures where humans congregate regularly (including
detached garages and horse barns) that are located within areas identified as
containing "C - Severe Hazard: Trees", or 'X - Severe Hazard: Brush" wildfire
hazard shall be required to install in-house sprinkler systems which meet the
standards of the local fire protection district and the adopted building code.
Response: The applicant will comply with this requirement.
Pensco Trust Company (Stitt) Activity Envelope Plan Page 12
(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.
Response: The applicant will comply with this requirement.
4. Roofing Materials and Projections At And Below Roof Line
(a) Low Hazard Area
(b) Medium Hazard Area.
Response: Not applicable.
(c) Severe Hazard Area
1. Roofing Materials:
a. Any new roofs shall be constructed with non-combustible covering
(see IBC Section 1505.2)
b. No wood shakes or shingles.
Response: The applicant will comply with these requirements.
2. Roof Venting:
a. Soffit venting shall be located in the outer 1/3 portion of the
overhang.
b. Attic, soffit and other roof venting shall be of non -corrosive metal
mesh with maximum 1/4" openings.
Response: The applicant will comply with these requirements.
3. Projections at the Roofline, Including Soffits, Rafters, Porch or Deck
Roofs, Fascias, or Other:
a. One hour rated material or any material underlain by 5/8" Type X
gypboard or equal, or
b. Type IV Heavy Timber materials, per the currently adopted building
code.
Response: The applicant will comply with these requirements.
4. Decks, Decking, Cantilevered Floors, or Other Projections Below the
Roofline:
Pensco Trust Company (Stitt) Activity Envelope Plan Page 13
a. Construction with noncombustible or one (1) hour rated material, or
material with flame spread <25 (tested to ASTM E84 and listed for
exterior use), or
b. Conventionally framed deck with waterproof surface and underside
protected with 5/8" Type X gypboard or equal (decking as in "a"
above), or
C. Type IV Heavy Timber materials, joist and beams minimum 6" x
10", columns minimum 8" x 8", decking minimum 4" in depth, or
decking as in "a" above, or equivalent log construction, or
d. Enclose projection vertically to ground with one hour fire resistive
materials. Decking as in "a" above.
Response: The applicant will comply with these requirements.
5. Railings. Railings must be constructed of noncombustible or "Type IV"
Heavy Timber materials.
Response: The applicant will comply with these requirements.
6. Exterior of the Structure, Including All Walls
a. One (1) hour fire resistive materials, or
b. Cement stucco, minimum 3/4" thickness.
C. All glazing to be tempered glazing, and
d. Doors to be metal or wood 1314" thick minimum.
Response: The applicant will comply with these requirements.
7. Foundations. Foundations, skirting and crawl space openings shall be
fully enclosed and constructed with materials approved for one (1) hour
fire -resistive construction on the exterior side of the walls and shall extend
from the top of grade to the underside of the floor decking or walls.
Response: The applicant will comply with these requirements.
(d) All Hazard Areas.
Roofs with less than a 3:12 pitch are not permitted in low, medium, or severe
wildfire areas unless they comply with the following:
1. All roofs coverings shall be constructed of non-combustible materials and
installed on a Class A assembly.
2. All roof coverings shall have a surface that shall facilitates the natural
process of clearing the roof.
3. Protrusions above the roofline, such as parapets, shall be prohibited.
Pensco Trust Company (Stitt) Activity Envelope Plan Page 14
4. Roofs shall be installed as required by the adopted building code and shall
have a minimum slope 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.
Response: The applicant will comply with these requirements.
5. Maintenance and Miscellaneous Requirements
(a) Roofs and Gutters shall be kept clear of debris.
(b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-
fourth inch (1/4`) maximum.
(c) Yards shall be kept clear of all litter, slash, and flammable materials.
(d) All flammable materials shall be stored on a parallel contour a minimum of fifteen
feet (15) away from the structure.
(e) Weeds and grasses within the ten foot (10) perimeter shall be maintained to a
height of not more than six inches (6').
(fj Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen
feet (15) away from the structure.
(g) Swimming pools and ponds shall be accessible by the local fire district.
(h) Fences shall be kept clear of brush and debris.
(i) Wood fences shall not connect to the structure.
(j) Fuel tanks shall be installed underground with an approved container.
(k) Propane tanks shall be burred, if possible, or installed according to NFPA 58
standards and on a contour away from the structure with standard defensible
space mitigation around any above -ground tank. Any wood enclosure around
the tank shall be constructed with materials approved for two (2) hour fire -
resistive construction on the exterior of the walls.
(1) Each structure shall have a minimum of one ten (10) pound ABC fire
extinguisher.
(m) Addresses shall be clearly marked with two inch (2`) non-combustible letters and
shall be visible at the primary point of access from the public or common access
road and installed on a non-combustible post.
(n) Additional recommendations from the Colorado State Forest Service, the Pitkin
County Sheriff's Department, and the local fire protection district may be
incorporated into any conditions of approval as necessary to mitigate wildfire
hazards.
Response: The applicant will comply with all of these requirements.
Pensco Trust Company (Stitt) Activity Envelope Plan Page 15
F. Wildlife Habitat Areas (Sec. 7-20-70)
Although the property is not located within any mapped habitat area, the applicant has
been asked to address the general standards of the Land Use Code for wildlife habitat
areas. Section 7-20-70 (c) of the Code establishes the County's land use standards for
wildlife habitat areas. Following are the applicant's responses to these standards.
1. When existing native vegetation must be altered within the Activity Envelope, the
applicant may be required to prepare a habitat mitigation plan acceptable to the
County. Such mitigation plan may substitute (in a nearby area on the subject
property) vegetation equal in type and quantity to that being removed to mitigate
effects on wildlife species. Should there be no opportunity on the property for
habitat mitigation or restoration, off-site mitigation benefitting the same species
may be required, or financial mitigation may be paid into a County habitat
mitigation fund should such a fund be established in the future.
Response: The applicant will submit a landscape plan at the time of site plan review
that describes the vegetation that will be planted to compensate for the vegetation that
must be removed to allow for development of the property.
2. Manipulation of vegetation outside of the Activity Envelope is prohibited.
Response: The applicant will comply with this requirement.
3. Mesh or woven wire fences are prohibited outside of the Activity Envelope.
Response: The applicant will comply with this requirement.
4. Wood rail fencing shall employ three rails or less, be the round or split rail type,
shall not exceed fifty-four (54) inches in height above ground level and 12 inches
in width (top view) and shall have at least eighteen (18) inches between two of
the rails.
Response: The applicant will comply with this requirement.
5. Wire fencing must be three strand or less. The top wire shall be twelve point five
(12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches.
The middle strands (which may be barbed) should be located a minimum twelve
(12) inches apart and from the top wire preventing entanglement when mule deer
jump over. The bottom strand should be sixteen (16) inches from the ground.
Response: The applicant will comply with this requirement.
6. Tall, overly mature trees and standing dead trees (snags) should be retained at
the rate of two (2) to five (5) per acre whenever possible as nesting or perching
habitats.
Response: There are no such trees present on this property.
7. In areas of high black bear activity, fruit bearing trees and shrubs shall be
prohibited within the Activity Envelope. This does not include pre-existing native
trees and shrubs.
Response: No fruit bearing trees or shrubs will be planted on this property.
Pensco Trust Company (Stitt) Activity Envelope Plan Page 16
8. Development shall be clustered to the maximum extent possible to minimize
impacts on wildlife.
Response: The development consists of a single residence. Clustering is not
applicable.
9. Access shall be provided to the Colorado Division of Wildlife for trapping,
tagging, studying, or otherwise managing wildlife.
Response: The applicant will comply with this requirement if so requested.
10. Trash/garbage shall be kept in an approved bear resistant container or
enclosure.
Response: The applicant will comply with this requirement.
11. Bird feeders, including hummingbird feeders, shall be hung away from any deck
or window, and be at least ten (10) feet from the ground suspended between two
(2) trees or posts. All seed feeders shall include a seed catchment pan to catch
discarded seeds.
12. Norse grains, pellets, and cookies shall be stored in bear resistant containers or
enclosure.
13. Pet food shall not be left outside.
Response: The applicant will comply with each of these requirements.
Pensco Trust Company (Stitt) Activity Envelope Plan Page 17
III. CONCLUSION
The applicant has responded to all applicable criteria of the Pitkin County Land Use Code,
pursuant to direction given during the pre -application conference. Sufficient evidence has
been provided of the project's compliance with said criteria, and commitments have been
made to insure that the proposed development will mitigate its development impacts. The
applicant will respond in a timely manner to requests by any reviewing agency for
additional information, or clarification of the statements made herein.
Pensco Trust Company (Stitt) Activity Envelope Plan Page 18
EXHIBITS
WARRANTY DEED EXHIBIT #1 3/.00
THIS DEED, made this 31 day of MARCH
1995, between CAROLYN FORNELL
6
O m OF THE COUNTY OF , STATE OF FL
A M GRANTOR,
WHITE PLAINS RADIOLOGY ASSOC. P.C., RETIREMENT TRUST DATED 7-5-85
GRANTEE FBO RLS
9
9
W.6 whose legal address is
cr .. 1450 SILVER KING DR, ASPEN, CO, 81611
COUNTY OF PITKIN, STATE OF CO
WITNESSETH, That for and in consideration of the sum of ten dollars
and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the grantor has granted, bargained, sold and
(U M conveyed, and by these presents does grant, bargain, sell and convey and
W QW confirm unto the grantee, his heirs and assigns forever, all the real
0 Er property together with improvements, if any, situate and lying and being in
U the City of ASPEN, County of PITKIN, State of COLORADO, described
W as follows:
•, M
U' LOT 2, BLOCK 6, BRUSH CREEK VILLAGE SUBDIVISION, FILING NO. 1, COUNTY
CL y PITKIN, STATE OF COLORADO. OF
am
-TW
in J
U
a%
6 TOGETHER with all and singular the hereditaments and appurtenances
0 j thereto belonging, or in anywise appertaining, and the reversion and
1%0 reversions, remainders, rents, issues and profits thereof, and all the
M estate, right, title, interest, claim and demand whatsoever of the grantor
Z either in law or equity, of, in and to the above bargained premises, with
6, H the hereditaments and appurtenances.
N
(co
U a TO HAVE AND TO HOLD the said premises above bargained and described,
T
with the appurtenances, unto the grantee, his heirs and assigns forever.
LL IAnd the Grantor, for himself, his heirs, and personal representatives, does
covenant, grant, bargain, and agree to and with the Grantee, his heirs and
h assigns, that at the time of the ensealing delivery of the presents, he is
well seized of the premises above conveyed, has good, sure, perfect,
absolute and indefeasible estate of inheritance, in law, in fee simple,
aand has good right, full power and lawful authority to grant, bargain,
Q sell and convey the same in manner and form as aforesaid, and that the
�J 6 a same are free and clear from all former and other grants, bargains, sales,
." D� liens, taxes, assessments, encumbrances and restrictions of whatever kind
IsH or nature soever, except those matters as set forth on Exhibit "All attached
P) (n hereto and incorporated herein by reference.
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained
premises in the quiet and peaceable possession of the grantee, his heirs
and assigns, against all and every person or persons lawfully claiming the
whole or any part thereof. The singular number shall include the plural,
the plural the singular, and the use of gender shall be applicable to all
genders.
Al
CAROLYN FORNE
STATE OF F iov 1 (7 (A
COUNTY OF vD l �S'� i s s . ^ '
The foregoing instrument was acknowledged before me this -U day of
19 L17 , by CAROLYN FORNELL
'?1 -P-,lS �n K)
NM 60
WITNESS my hand and official seal
my commission expires: Notary Public
..... _ FICIAL j\
grACY M REED
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. C081m
MY COMMISSION EXP, ULY 2519M
380170
Transfer Declaration Received 03/31/95
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RECEPTION##: 594758, 12/12/2012 at 01:52:31 PM, 1 OF 2, R $16.00
DF $0.00 Janice K. Vos Caudill, Pitkin County, CO
-- -[Space Above Reserved for Recording Purposes) --------------_
Prepared By and After Recording Return to: Send Tax Statements to Grantee (Name and Address):
Name: Jennifer Vial ando PENSCO Trust Company FBO Austine Stitt
PENSCO Trust Company ROTH
PO Box 173859 PO Box 173859
Denver, CO 80217
Denver, CO 80217
NAME CHANGE ONLY -No transfer tax
QUIT CLAIM DEED
THIS DEED, made this Thursday, December 06, 2012 between the Grantor, NTC & Co. FBO
Austine Stitt IRA Rollover, whose address is PO Box 173859, Denver, CO 80217, the
Grantee: PENSCO Trust Company FBO Austine Stitt ROTH, whose address is PO Box
173859, Denver, CO 80217.
WITNESS, that the Grantor, for and in consideration of the sum of $10 DOLLARS, the receipt
and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed,
and by these presents does grant, bargain, sell, convey and confirm, unto the Grantees, their heirs
and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together
with improvements, if any, situate, lying and being in the said County of Pitkin and State of
Colorado described as follows:
Lot 2, Block 6, Brush Creek Village Subdivision, Filing No. 1
TOGETHER with all and singular hereditaments and appurtenances thereunto belonging, or in
anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues,
and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the
said grantor, either in law or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the said Grantees, Grantee's heirs and assigns forever. And the said
Grantor, for Grantor, Grantor's heirs, and personal representatives, does covenant, grant bargain
and agree to and with the Grantees, Grantee's heirs and assigns, that at the time of the ensealing
and delivery of these presents, is well seized of the premises above conveyed, has good, sure,
perfect, absolute indefeasible estate if inheritance, in law, in fee simple, and has good right, full
power and lawful authority to grant, bargain, sell and convey the same in manner and form
aforesaid, and that the same are free and clear from all former and other grants, bargains, sales,
liens, taxes, assessments, encumbrances and restrictions of any kind or nature whatsoever,
except any easements, restrictions, covenants, zoning ordinances and rights-of-way of record and
property taxes accruing subsequent to , a lien not yet due and payable.
RECEPTION#: 594758, 12/12/2012 at 01:52:31 PM, 2 OF 2,
Janice K. Vos Caudill, Pitkin County, CO
The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained
premises in the quiet and peaceable possession of the Grantee, Grantee's heirs, and assigns,
against all and every person or persons lawfully claiming the whole or any part thereof. The
singular shall include the plural, the plural shall include the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
Documentary Transfer Tax is 50.04 ,
Grantor(s) and Grantee(s) In this conveyance are Aut orized Sign r
Comprised of the same parties, who continue to hold NT & Co. FBO Austin Stitt IRA Rollover
the same Proportionate Interest In the property.
Send Tax Statement to Grantee Jennifer Vial ando
Print or Type Name
STATE OF COLORADO
COUNTY OF DENVER
On December 6, 2012 before me, Karla DeGuzman, a Notary Public, personally appeared
Jennifer Vialpando, Authorized Signer for NTC & Co., personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
KARLA DE GUZM�AN
NOTARY PUBLIC, STATE OF COLORADO
MY COMM. EXPIRES 04/08/2015
1� • CSS (��
Notary Public
My Commission Expires:
Print Name: Karla DeGuzman
EXHIBIT #2
Ms. Suzanne Wolff
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: PENSCO TRUST (STITT) ACTIVITY ENVELOPE PLAN REVIEW
Dear Ms. Wolff,
I am the owner of a vacant parcel of land located along Red Tail Road in unincorporated
Pitkin County, legally described as Block 6, Lot 2, Filing 1, Brush Creek Village. I have
placed the property into a retirement trust account with Pensco Trust Company, which
explains the designation of that entity as the property owner.
I hereby authorize Alan Richman Planning Services, Inc. to act as my designated
representative with respect to the land use application being submitted to your office for
this property. Mr. Richman is authorized to submit an application to re -designate the
activity envelope which the County has approved for this property on two prior occasions.
He is also authorized to represent me in meetings with Pitkin County staff and the
County's review bodies.
Should you have any need to contact me during the course of your review of this
application please do so through Alan Richman Planning Services, Inc., whose address
and telephone number can be found in the land use application.
Sincerely,
Austine Stitt ,
Pensco Trust Company
1450 Silver King Drive
Aspen, CO 81611
EXHIBIT #3
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff
PHONE: (970) 920-5093
DATE: 9/17/18
E-MAIL: suzanne.wolff(abpitkincounty.com
LOCATION: Red Tail Lane; Lot 2, Block 1, Filing No. 1, Brush Creek Village Subdivision.
PID# 264321304002
ZONE: AR -10 SIZE: 2.11 acres
APPLICANT: Stitt Family Trust
REPRESENTATIVE: Alan Richman EMAIL: arichman@sopris.net
Type of Application: Activity Envelope Review
Description of Project/Development: The Applicant proposes to obtain activity envelope review approval to re-
establish the previously approved activity envelope for a single family residence. The Community Development
Director approved an Activity Envelope, pursuant to Administrative Decision No. 49-2008; the Activity Envelope
Plan was recorded in Plat Book 87 at Page 64. The Hearing Officer granted a new approval for the same Activity
Envelope, pursuant to Determination No. 05-2015. The vested rights expire on September 29, 2018.
Land Use Code Sections to be addressed in letter of request (application):
■ 2-30-20(8)(2): Activity Envelope Criteria for Approval
6-30-100(b): GMQS Exemption
■ 7-10-50 & 60: Activity Envelope
■ 7-20-10: Site Preparation and Grading
■ 7-20-20: Steep and Potentially Unstable Slopes
7-20-30: Water Courses and Drainage
7-20-50: Mancos Shale
■ 7-20-60: Wildfire Hazard — Mapped Severe Wildfire Hazard Area
■ 7-20-70: Wildlife Habitat: No mapped mule deer or elk habitat
Staff will refer the application to the following agencies: Brush Creek Metro District
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 date specified for the Administrative
Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (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.
FEES: $1,354 (make check payable to "Pitkin County Treasurer")
■ $1,300 Planning Office flat fee (non-refundable; based on 4 hours of staff time. If staff review time
exceeds 4.8 hours, the Applicant will be charged for additional time above 4 hours at a rate of $325/hour)
0 $54 Public Notice 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, providing background on prior approvals and permits, and
addressing compliance with the Code sections listed above.
2. Copies of prior approvals
3. 24" by 36" and 11" by 17" Activity Envelope Plan as designated in Section 2. 1.1 of the Pitkin County Land
Use Application Manual
4. Technical Reports as designated in Section 2.1.1 of the Application Manual (as applicable)
5. Street address and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the
subject property within Pitkin County;
6. Total fee for review of the application
7. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees
form (form attached),
8. Consent from owner(s) to process application and authorizing the representative (if applicable)
9. This Pre -Application Conference Summary Sheet
NOTES:
r INCLUDE THE PARCEL 1D NUMBER ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION.
r 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.
Y Applicant will be responsible for mailed and posted notice. Public Notice requirements are described
in Section 2-20-900 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit
confirming notice must be received from Applicant prior to approval.
BRUCE A. COLLINS, PH.D.
GEOLOGICAL AND NATURAL RESOURCE CONSULTANTS
P.O. Box 23 & 1116 MINEoTA DRIVE
SILT, COLORADO 81652
PHONE/FAx (970) 876-5400
bacol@rof.net
Alan Richman Planning Services
P.O. Box 3613
Aspen, CO 81612
EXHIBIT #4
ENVIRONMENTAL,
EXPLORATION,
AND MINING
GEOLOGY
December 27, 2007
RE: LOT 2, BRUSH CREEK VILLAGE BLOCK 6, RED TAIL
LANE, PITKIN COUNTY
Dear Mr. Richman:
I have completed my geologic investigation, as required by H.B. 1041 and Pitkin County Land Use
Code § 7-20-20 and §§ 7-20-50(a) through (i), of the above -referenced property near the top of
Brush Creek Village at the intersection of Medicine Bow Road and Red Tail Lane.' Lot 2 is
approximately 1.7 road miles from Colorado Highway 82 via Brush Creek Road 0.2 miles to
Medicine Bow Road and 1.5 miles up Medicine Bow to the site. The center of the lot is 5.85 miles
northwest of the Pitkin County Courthouse in Aspen, on the southeast boundary of the Woody
r` Creek 7.5' quadrangle, in the SW'izSW'iz of section 21, Township 9 South, Range 85 West, 6th P.M.,
in the southeast corner of the Mancos Shale hill country between Brush Creek and West Sopris
Creek, north -central Pitkin County.
"'S
According to the plan provided,2 Lot 2 consists of modest to steep slopes down to the east from
the access roads, overlooking the Roaring Fork Valley in the area of the confluences of Brush
Creek and Woody Creek with the Roaring Fork River. Elevations on the lot range from
approximately 7,948 ft along the east boundary to 8,084 along the southwest boundary at the
intersection of Medicine Bow Road And Red Tail Lane for relief on the property of 136 ft.
Vegetation consists of a Gambel oak — serviceberry assemblage that appears to have been
trimmed for fire -control purposes.
Geologic Setting. The area is included in the "S" — Mancos Shale hazard category on Pitkin
County's map of Potential Geologic Hazards (1974). The lot itself is mapped in an area of slopes
varying from less than 15% to over 45%, with the proposed activity envelope almost entirely less
I
All distances are straight-line and measured from the approximate center of the conceptual activity envelope unless
otherwise noted.
Z Rocky Mountain Surveying, File No. 07569, dated 11/2007. Site plat with 2 -ft contours, computer-generated slopes, and
conceptual activity envelope (working drawing).
3 Colorado State University, 1974, Potential geologic hazards, Pitkin County, Colorado, Lower Roaring Fork Valley: CSU
Environmental Resources Analysis, map scale 1:31,680 (referenced hereinafter as "PitCo maps").
PAGE 2
than 45%. The area is mapped geologically at a scale of 1:24000 by Freeman (19724) as lying in
modestly faulted Upper Cretaceous Mancos Shale terrane above the alluvial valley floors of Brush
Creek to the south and the Roaring Fork River to the east, less than a mile west and southwest
of the Castle Creek fault zone. Both Freeman and Bryant (1972) project two splits of a north -south
normal fault west of the lot, the closer 445 ft west with the splits 270 ft apart. Combined
displacement down to the west is estimated at 200 ft from cross-section A -A' on Bryant's map.
Unconsolidated surficial materials on the lot are not mapped by Freeman (1972). The Natural
Resources Conservation Service maps soils on the lot as "Anvik-Skylick-Sligting association, 10-
25%slopes."s Bedrock beneath to property is mapped by Freeman as his unit Km, Mancos Shale,
main body; Bryant (1972) maps the same rocks immediately south as his unit Kmu, Mancos Shale
Lipper shale member. The descriptions are of course very similar but contain subtle differences
that may be significant:
Freeman (1972) maps the actual site in the southern Woody Creek quadrangle as:
Mancos Shale, main body: map symbol Km. Dark -gray shale and silty to sandy
shale; minor very thin bentonite beds; zones of concretions common, especially
in lower two-thirds of unit. About 4,750 feet thick.
Bryant (1972) maps the same rocks in the northernmost Highland Peak quad 150
ft south as: Mancos Shale, upper shale member: map symbol Kmu. Dark gray shale
and silty shale with a few lenticular beds of fine- to medium -grained olive -gray
sandstone. Some thin -bedded' shaly limestone in lower part. About 4,000 feet
preserved in quadrangle.
All design engineering as well as construction should take into account the general descriptions
of these units as well as specific recommendations given below.
The mapped faulting in the area is mostly if not entirely of Laramide age.' There has been no
known movement along these faults in millions ofyears, although there has been both reactivated
and new faulting accompanying minor igneous activity and solution collapses in the region well
into the Pleistocene (Laing and Lampiris, 1980; Streufert, et al., 1998'), and earthquakes of up to
4 Freeman, V.L., 1972, Geologic map of the Woody Creek quadrangle, Pitkin and Eagle Counties, Colorado: U.S. Geological
Survey Geologic Quadrangle Map GQ -967. See also immediately adjacent Bryant, B., 1972, Geologic map of the Highland
Peak quadrangle, Pitkin County, Colorado: U.S. Geological Survey Geologic Quadrangle Map GQ -932.
5 httpJ/websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx
6 The Laramide period of mountain building, which produced the basic structure of today's Rocky Mountains, affected the
area between 55 and 65 million years ago. Faults attributed in whole or in part to solution collapse of the Carbondale
collapse center to the west are thought to have last moved between 14 and 34 million years ago, and minor reactivation
of older faults occurred during the volcanic episodes that resulted in the Basalt Mountain lava flows (8.8 to 7.9 mya) and
a small flow west of Woody Creek (1.5 mya); the latter originated from the Castle Creek fault zone.
7 Laing, D., and Lampiris, N., 1980, Aspen high country - the geology: Thunder River Press, Aspen, 132 p.; Streufert, R.K.,
Widmann, B.L., and Kirkham, R.M., 1998, Geologic map of the Basalt quadrangle, Eagle, Garfield, and Pitkin Counties,
Colorado: Colorado Geological Survey Open File Report OFR 98-1, 18 p.
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PAGE 3
Mercalli Intensity VI' have occurred in the Aspen—Carbondale area within the last few decades.
In most cases epicenters are unknown but thought to be well to the south of the property, in the
heart of the West Elk Mountains. Dips in the area are in the 10° to 20° to the north to north-
northeast, or at close to 90° to the easterly surface slope.
_7-20-020. Steep and Potentially Unstable Slopes. Slopes on Lot 2 vary from a limited area of less
than (<) 15% slopes in the north corner to significant areas of greater than (>) 45% slopes in the
eastern, central, and southern portions. The conceptual activity envelope is limited to an area
along the western side and into the northern part in which slopes are for the most part between
15% and 40%, along with the aforementioned area of <15% slopes and two very small slivers of
>45% slopes. There are no indications of slope instability. The general topography and slope
conditions of the lot are similar to much of the rest of Brush Creek Village and excavation,
construction, and grading techniques suitable for the terrain are well known. In general, sufficient
soil testing should be performed to identify slip planes in the Mancos Shale, if any, and to assure
adequate stability of foundations, including anchoring to competent bedrock as necessary.
Foundations facing up slope should be designed and constructed as retaining walls, and all
excavations and fills for utilities, driveways, landscaping, etc., not graded back to at least 3h:1v
mechanically supported as well (final grading to 4h:1 v is strongly encouraged, §7-20-20(e)(4)(a)).
As is the case with all slope construction, excavated materials should be well compacted, graded,
and drained to avoid increasing instability (§70-20-020(c)(1)(c)). Disturbed areas should be
revegetated as soon as possible; final landscaping should be limited to native species that do not
require supplemental irrigation. "Water features" on and near steep slopes are discouraged, but
if installed must be thoroughly sealed against and routinely inspected for leakage.
§ 7-20-050(a). Avalanche Areas. The property is not mapped in a snow or debris avalanche area
(PitCo maps; Olander, et al., 1974). Avalanche hazard recognition and mitigation are specialties
in which 1 do not claim expertise, and if a more accurate assessment of the risk and
recommendations for mitigation are desired you should seek the opinion of a qualified
professional in the field.
§ 7-20-050(b). Landslide Areas. Lot 2 is not mapped in a potential landslide area (PitCo maps;
Olander, et al., 1974). A small landslide developed in the 1990s in the lower northeastern portion
of Brush Creek Village, in response to heavy snowmelt and local groundwater conditions not
anticipated in the upper part of the development that includes Lot 2. There is some indication
that the slide was a reactivation of an existing feature, and in that regard, although there is no
indication of an old slide in the area of Lot 2, all soil testing and excavation work performed on
the property should be routinely monitored for slip planes or other indication of movement, and
if observed adequate precautions taken to assure stability of structures and other improvements.
7-20-050(c). Rockfall Areas. The area is not mapped as a rockfall hazard zone (PitCo maps;
Olander, et al., 1974).
§ 3-80-050-(d). Alluvial Fan Hazard. The area is not mapped as an alluvial fan or associated debris
flow hazard zone (PitCo maps; Olander, et al., 1974).
8 Roughly equivalent to magnitude 5 on the more -familiar Richter scale. Earthquakes of this magnitude are felt by all, with
damage from minor to moderate.
PAGE 4
- 7-20-050(c). Talus Slope. The area is not mapped as a talus slope hazard zone (PitCo maps;
Olander, et al., 1974).
4 7-20-050(,1. Mancos Shale. Mancos Shale is mapped as shallow bedrock beneath the property by
Freeman (1972) and as a recognized geologic hazard by Pitkin County (PitCo maps) and Oleandar,
et al. (1974). Specific hazards associated with the Mancos are impermeability, instability due to
slippage along clay -coated bedding planes, and swelling rock and soil due to bentonite and other
swelling clay minerals in the shale. Impermeability issues can be addressed through recognition
and subsequent design and construction of foundations, utility installations, and drainage systems
themselves. Adequate drainage is also important in avoiding creating or increasing instability.
Freeman describes the unit underlying the lot as containing thin bentonite beds, which if present
can significantly exacerbate instability hazards; Bryant (1972), omits mention of bentonite from
his description of the same rocks immediately south, Soil testing should be sufficiently thorough
to identify bentonitic clay layers, and structural designs modified as necessary if found.
Specifically with regard to Lot 2, the relatively steep dip of the Mancos apparently angled 45° to
90° to the surface slope should aid in mitigating potential instability problems and should be
taken advantage of to the extent possible in site planning. Site-specific soil testing should be
adequate to fully assess the swelling rock/soil characteristics on Lot 2 and excavations,
foundations, utility installations, and other improvements designed and constructed accordingly.
7-20-050(g). Faults. As noted, Lot 2 is located in a moderately faulted area not far from the Castle
Creek fault zone, with two faults mapped between 445 and 715 ft west. While there has been no
known movement on any of these faults in historic time and probably none for thousands or even
millions of years, earthquakes of Lip to Mercalli Intensity VI have occurred in the
Aspen—Carbondale area within the last few decades. Basic USGS shake data for the site at
39.250547° north latitude, 106.895240° west longitude, are as follows:
Period Sa
(sec) (g)
0.2 0.360 SS, Site Class B
1.0 0.076 S,, Site Class B
Detailed IBC design criteria are available at http://earthquake.usgs.gov/research/hazmaps/design/.
§ 7-20-050L). Expansive Soil and Rock. See Mancos Shale discussion, § 7-20-050(0, above.
§ 7-20-050-(i). Ground Subsidence Hazard. There is a potential for voids created in surficial deposits
by piping, hydrocompaction, or differential compaction. Detection of such voids can be
accomplished by observation during routine soil testing and excavating activities. Mancos Shale
bedrock is not conducive to the development of solution voids. There are no known mine
workings or other man-made subsidence hazards in the area. As always, excavations for any
purpose should be properly backfilled and compacted to prevent subsidence.
General. The materials present in both Mancos Shale bedrock and soils developed from it beneath
the activity envelope are not known to contain radioactive minerals in the area; nevertheless all
inhabited spaces should be designed and constructed to prevent the accumulation of radon as
well as other noxious or toxic gases. Domestic water will be provided through a community water
PAGE 5
system, with waste disposal via ISDS; the presence of shallow Mancos Shale bedrock and the
steep slopes of the property will require site-specific design and installation by a qualified
professional in the field, and the Pitkin County Sanitation Engineer should be consulted for
specific recommendations as well. As always, irrespective of other recommendations contained
herein, all excavations, roadways, foundations, utility installations, final grading, landscaping, and
other improvements should be designed and constructed in such a manner as to convey water,
including snowmelt, away from the improvements and properly integrated into both constructed
1 and natural drainage systems as appropriate.
W
I
.19
.49
Conclusions. Steep slope and Mancos Shale hazards are present on Lot 2, Brush Creek Village Block
6. These hazards can be addressed by proper soil testing and foundation design and construction
as well as the installation adequate drainage systems and of retaining walls or other structures
as necessary to support excavations, cuts, and fills. These and other geologic hazards affecting
Lot 2 are not significantly different from those affecting many other sites in Pitkin County
previously approved for development, and design and construction techniques suitable for such
conditions are well-established. The property is in a geologically sensitive area, but with
mitigation the hazards to which the property is exposed can be minimized; nothing in this report,
however, should be construed as suggesting that mitigations recommended herein can or will
eliminate such hazards in their entirety. If you have any questions or require any further
information, please do not hesitate to contact me.
G„ ok',
inc••.. <
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Brce K"O
Co suiting Geri°vgit
IMPORTANT NOTICE: This report concerns natural processes that are unpredictable and in large measure poorly
understood. It is intended to identify potential observable hazards within the scope of work to which the subject
property is exposed and to suggest mitigating measures in compliance with applicable regulations. Nothing in this
report should be construed or interpreted as suggesting the absence of the described hazards, or that the
recommended mitigations will protect the subject property from the described hazards under all circumstances,
foreseen or unforeseen. Nothing in this report should be construed or interpreted as suggesting that additional
unidentified hazards are not present. It must also be understood that "mitigation" does not mean either the
elimination of the hazard(s) or prevention of the consequences of a hazard event or events, only the reduction to the
extent reasonably possible of the latter. By accepting this report all present and subsequent parties thereto agree to
indemnify and hold harmless the preparerfor any and all damages, direct, indirect or consequential, including personal
injury or loss of life, above and beyond the original cost of this study, caused by or resulting from any occurrence of
the described or other hazard(s), whether or not such damages may result from failure to identify said hazard(s) or
from failure or inadequacy of properly engineered, constructed, and maintained recommended mitigations. The
preparer of this report cannot and will not be responsible in any way or manner whatsoever for the proper
engineering, construction, and/or maintenance of recommended mitigations, or the inadequacy or failure of
improperly engineered, constructed, and/or maintained recommended mitigations, or mitigations that have been
altered in any way whatsoever from those recommended by the preparer. This report may be amended or withdrawn
without notice at any time prior to receipt of payment therefor.
EXHIBIT #5
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
PITKIN COUNTY, COLORADO, APPROVING THE STITTACTIVITY ENVELOPE
Administrative Decision No. 49
RECITALS
1. NTC & Co. FBO Austine Stitt IRA Rollover ("Applicant') has applied to the Community Development
Director of Pitkin County ("Director") to establish an activity envelope for a single family residence.
2. The lot contains 2.11 acres and is a nonconforming size lot within the AR -10 zone district.
3. The lot is located on Red Tail Lane, and is described as Lot 2, Block 1, Filing No. 1, Brush Creek Village
Subdivision.
4. The subdivision was platted in 1966; therefore, the lot is exempt from Growth Management up to 5,750
square feet, pursuant to Land Use Code Sec. 6-30-100(b).
5. The Director finds that the proposed activity envelope is consistent with the applicable requirements of
the Code, as follows:
A. The area on the lot with less than 30% slopes is not large enough to develop the allowable floor area
and the associated infrastructure, including a driveway and on-site wastewater disposal system;
therefore, it is appropriate to includes slopes in excess of 30% and up to 45% within the activity
envelope, pursuant to Sec. 7-20-20(c)(2) of the Code. A licensed geologist has confirmed that there
are no indications of slope instability.
B. The wildfire hazard is rated as severe, and can be mitigated pursuant to the provisions of Sec. 7-20-
60(c) of the Code.
C. The lot is within a mapped Mancos shale area, where development is permitted subject to
mitigation, pursuant to Sec. 7-20-50(f) of the Code.
D. The lot is not within any mapped wildlife habitat areas.
APPROVED by the Director, subject to the following conditions, which shall run with the land and be
binding on all successors in interest:
1. The Applicants shall adhere to all material representations made during the application process.
2. Prior to submission of any building or other development permit applications, the Applicant shall be
required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7-
10-50 of the Code. The Site Plan Review application shall address the following, in addition to the other
requirements specified above:
A. Demonstrate compliance with the standards in Sec. 7-20-120.d for development within the Scenic
View Protection Area and the rural character guidelines for building location in Sec. 7-20-120.e
of the Code.
B. Demonstrate that the site can accommodate an on-site wastewater treatment system (OWTS) that
complies with the then current OWTS regulations.
C. Demonstrate that as much of the floor area as can feasibly be accommodated is placed within the
portion of the activity envelope that contains slopes of less than 30%, pursuant to Sec. 7-20-
20(c)(2) of the Code.
RECEPTION#: 550094, 06106/2008 at
12:58:25 PM,
t OF 6. R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
It
R Administrative Decision NoAff 008
Page 2
M D. Submit a precise engineer or geologist approved plan for mitigation of development on slopes in
excess of 30%. The plan shall show the area of disturbed slope, required regrading and the size
and location of mitigation devices (if required). Retaining walls shall comply with the guidelines
and standards in Sec. 7-20-20(e) of the Code.
E. Submit a soils report that provides specific design and construction stabilization measures to
address potential slope instability and swelling rock/soil characteristics on the lot in order to
ensure adequate stability of foundations and other improvements.
0 F, Submit a landscaping plan. Landscaping shall be limited to native species that do not require
supplemental irrigation. Water features are discouraged; if installed they shall be sealed against
leakage and routinely inspected.
0 3. Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for
approval by the County Attorney and Community Development an Activity Envelope Plan in
accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The above
referenced approvals shall be a condition precedent to finalization and recordation.
I
4. Prior to issuance of a building permit for the residence, the Applicant shall:
A. Provide a letter from the Brush Creek Metropolitan District verifying that the District can serve the
lot and that an adequate water supply (in terms of quantity and availability) can be obtained.
B. Obtain an access permit for the driveway, which shall be approved by the Planning Engineer.
C. Obtain a fireplace/woodstove permit from the Community Development Department, if
necessary.
D. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist
for review and approval by the Planning Engineer.
E. Pay the applicable road and employee housing impact fees.
F. Obtain an on-site wastewater disposal system permit from the Environmental Health and Natural
Resources Department.
G. Submit a construction management plan for review and approval by the Planning Engineer.
H. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes.
No structural development in excess of 30" above or below natural grade shall occur within the
setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above
or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from
the most restrictive grade. Any development located within setbacks mandated by County zoning
regulations that does not comply with these restrictions shall require a variance from the Board of
Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a
variance.
6. 5,750 square feet of gross floor area is exempt from growth management without the use of TDRs or
growth management allotments for additional floor area.
7. The Applicant shall comply with the following standards for Development in a Severe Wildfire
Hazard Area:
It
Administrative Decision No. Lf -2008
Page 3
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows (note: actual vegetation manipulation to
1 meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions):
I ) Brush, debris and non -ornamental vegetation shall be removed and not replaced within a
minimum I O' perimeter around all structures.
2) Clumps of brush and vegetation up to a 40' perimeter around all structures (or to lot
boundaries) shall be a minimum of 2 times the height of the fuel. Maximum diameter of the
clumps shall be % the height of the fuel. All measurements shall be from the edges of the
crowns of the fuel. Below the structures, beyond 40' and up to 60' from all structures, thin
shrubs to 30% of the original canopy closure, with no clumps being larger than approximately
25' in diameter.
3) All branches from trees and brush within the 40' perimeter shall be pruned to a height of 10'
above the ground with removal of ladder fuels from around trees and brush.
4) No more than 3 coniferous trees shall be planted within 30' of all structures. No conifers
shall be within 20' of the structures, and no conifers shall be placed below (downslope) of the
structures. Tree crown separation shall be a minimum of 20', except for aspen trees, which
do not need to have a tree crown separation.
5) All deadfall up to a 100' perimeter (or to lot boundaries) shall be removed.
6) No flammable mulches shall be placed within two (2) feet of a residence.
7) No shrubs or conifers are allowed within 15' of the driveway. Aspen are permitted within
10' of the driveway, but must be pruned to 6' above the ground.
8) Low vegetation (grasses, £orbs and low shrubs) shall be kept mowed to less than 6" within
10' of either side of the driveway.
9) The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted
Building Code. No wood shakes or shingles. All other adopted Building Code compliant
methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they
comply with the following:
1) All roof coverings shall be constructed of non-combustible materials and installed on a Class
A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
3) Protrusions above the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
C. Roof Venting:
l) Soffit venting shall be located in the outer 113rd portion of the overhang.
2) Attic, soffit and other roof venting shall be of non -corrosive metal mesh with maximum''/."
openings.
Administrative Decision No. L1-2008
Page 4
D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other:
One hour rated material or any material underlain by 5/8" Type X gypboard or equal, or "Type
IV" Heavy Timber materials, per the currently adopted building code.
E. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
1) Construction with noncombustible or one (1) hour rated material, or material with flame
spread <25 (tested to ASTM E84 and listed for exterior use), or
2) Conventionally framed deck with waterproof surface and underside protected with 5/8" Type
X gypboard or equal (decking as "a" above), or
3) "Type IV" Heavy Timber materials: joist and beams minimum 6"x10", columns minimum
8"x8", decking minimum 4" in depth, or decking as "a" above; or equivalent log
construction, or
4) Enclose projection vertically to ground with one hour fire resistive materials. Decking as "a"
above.
F. Railings: Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials.
G. Exterior of the Structure, Including All Walls:
I ) One (l) hour fire resistive rated materials, or
2) 5/8" gypboard underlying combustible materials, or
3) Cement stucco, minimum'/." thickness.
4) All glazing to be tempered glazing; and
5) Doors to be metal or wood I %" thick minimum.
H. Foundations: Foundations, skirting, and crawl space openings shall be fully enclosed and
constructed with materials approved for one (1) hour fire -resistive construction on the exterior
side of the walls and shall extend from the top of grade to the underside of the floor decking or
walls.
I. Maintenance and Miscellaneous Requirements
I ) Roofs and gutters shall be kept clear of debris.
2) Any outbuilding shall adhere to the same wildfire requirements.
3) Yards shall be kept clear of all litter, slash and flammable debris.
4) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet
away from any structure.
5) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more
than six (6) inches.
6) Firewood/wood piles shall be stacked on a parallel contour minimum of fifteen (15) feet
away from the structure.
7) Swimming pools and ponds shall be accessible by the local fire district.
8) Fences shall be kept clear of brush and debris.
9) Wood fences shall not connect to other structures.
10) Fuel tanks shall be installed underground with an approved container.
11) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on
a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be constructed with
materials approved for two (2) hour fire -resistive construction on the exterior side of the
laAdministrative Decision No.L1-2008
Page 5
walls.
12) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher,
13) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be
visible at the primary point of access from the public or common access road and installed on
a non-combustible post.
14) Utilities shall be extended underground.
S. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection
District, including but not limited to access, turning around of fire apparatus, installation of an approved
fire sprinkler system and provision of water supply for fire fighting. A fire hydrant is located within 100'
of the lot.
9, The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside of the activity envelope.
B. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the
County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to
issuance of a certificate of occupancy.
C. Fencing shall comply with the following, except for fencing immediately adjacent to the
buildings to contain pets or livestock:
1) Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed
48 inches in height above ground level and 12 inches in width (top view), and shall have at
least 18 inches between two of the rails.
2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42
inches in height.
3) All non -conforming fencing on the property must be brought into compliance.
D. Avoid fruit -bearing trees and shrubs in any landscaping.
E. Construction workers shall be prohibited from bringing dogs on-site during construction.
10. No development including grading, excavation, fill placement, berming, landscaping, vegetation
removal or disturbance, well or septic system shall occur outside of the approved activity envelope,
except as necessary to comply with the wildfire mitigation measures described above.
11. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
12. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within one
growing season of the project's completion.
13. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit.
14. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property.
M
MI Administrative Decision No. 71-2008
M Page 6
pl 15. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
M Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on
M JiipQ 5 2011.
M
M NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 16`h day
0 of March, 2008. �
■ APPROVED by the Director, this J r�day of -:tklq\ e 2008,
w PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Allen
a Times Weekly on the 1 day of 07tlt72 .. 2008.
u
p
a Cindy Houben,
Community Development Director
A
PIDS264321304002
P028-08
EXHIBIT #6 RECEPTION#: 624771. 1 111 01201 5 at
03:51:15 PL/1,
1 OF 7. R $0.00 Doc Code
DETERMINATION
Janice K. Vos Caudill., Pitkin County. CO
Dh:TERMINATION OU 'I'lIE HEARING OFFI(:l•:R OF TIIF. ('ONitti3i_'i�'I'I'Y I)EVt.LOPi1•IEnT
I)EPARTMENT OF PiTKIti COUNTY, C.'t)LORAM), A1'I3ItOVIN(. THF' 1'ENSCO 'I'Itl!S'I'
C'U1�IP:�N1' :1t""t'i�'1'i'1' INVILOt'F'
Deternliiiatimi No. J -2015
RECITALS
1. Pensee, Trust Company ("Applicant") Nati applied to the Commilnity I )evelopmew Director of l'itkirl
County ("Dire;:tor'') to establish an actiyily crivClo(re iirr a single iamilv rrsiderice.
2. T'he application has been tbrwardecl to the f leariiig Officer Im consideration. based on objections
received ti-orll adjacent property m\ tiers Jerome NIC istrr..lcrvice 1 lardy and .fere and Liz Lo' ll"
The lot contains 2.1 1 acres and is a lot within the AR -10 zone district.
4. The lot is located on lied "bail Lane, and is described as Lot 2. Block 1, l-*ilirtg No. 1. Brush Creek Village
Subdivision.
5. The subdivision was platted ill 1966: therettwc;, the lot is exempt firom (;rowth Marlaylenielu tip to .5,750
square feet, pursuant to I -mid Use Conde Sec. 6-30- 1 M(b).
6. l'hc Catlumrnity t)cyelopnu'nt I)irc caor appro�-cd tho same activity cm -elope, pursuant to :�d1I11111 U'iitrye
Decision No. 4c)-2008. The Activity Envelope flan era, recorded in flat Book 87 at PaLe 64. The
vested rights expired on June: 5. 201 1.
the I--learin` Off icer frods that the: proposed ,retic itv envelope is consistent with the applicable
requirements ofthe ('ode, as follows:
A. The area ort the lot with less than 30slopes is accessible from Red 'fail Lane, but is not large
cimiulh to develop (lie allowable floor area and Ilio associated irlf-rastr•ueture, including a driveway
and on-site wastewater disposal system. 'fherefOre, slopes, ill excess olio 30`' n all(] up to 45% within
the activity envelope may be used FOr do:\ eloprtlent. pursuant to Sec. 7-20-20(c)(2) of the Code. 1%
licensed geolo-ist has cerntirmed that there are iw iirdicatioris of'slope instability.
li. The wildfire hazard is rated as severe, and can be rnitivated pursuant to file provisioils of Sec. 7-20-
6()(C) of tile CL)(Je.
C. -I'he lot is within a mapped NImicos shale area. cohere development is permitted subject to
rllitioatioll. purstimit to Sec. 7-20-50(f) of the COLIC.
D. The lot is not within any mapped wildlife habitat areas.
NOW,'I'HEREFORI?, RIS IT RESOLVED by the i'itkin Count}' Co)nitllunity I)eVelopitleilt Flearillg
Officer that he docs hereby approve the 1'erlsco 'frust Company Activity Envelope, subject to the following
conditions, which shall run with the land and he binding,, on all successor~ in interest:
1. The Applicants shall adhere to all material representations made durintt the. application process.
2. 'I'he conditions of this I)eternliriatiorl shall replace and supercecle the conditions of' Administrative
Decision No. 49-2008.
i. Prior to subniissiuil of any building or other developmem permit applications, the Applicant shall be
required to submit felt" approval art application tor Site flan Review, pursuant to Secs. 2-30-20 aild 7-
Deter•miti all(m IVt). a _ 3015
Page 2
10-50 of the Code. At Site flan Review, the Activity I:
Deter linution Alo. �� �
-2013
1�t1�TL' `-----
T No structural developinent in excess ol'30- above or below natural grade shall occur within the
setbacks of the lot, with the exception of'driveways and associated retaining walls of up to G above
or below natural grade and felicing,. 1-1111dscaping in the form of berms shall not exceed flour feet from
the most restrictive grade. Any development located within setbacks mandated by County zoning
regulations that docs not comply with these restrictions shall require a variance from the Board of
Adjustment. Approval of in activit}° envelope within such setbacks does not assure approval of a
variance.
F. 5,750 square feet of gross floor area is exempt froin growth narutagc�rnerlt without the use of TDRs or
growth management allotments flor additional floor area.
9. 't'11e Applicant shrill comply with the fiallc ",ing standards for Development in a Severe Wildfire
Hazard Area:
A. Defensible Space: The area around all buildings/Structures, limited by property boundaries that
nlay limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follo%vs (note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
Fulfilled these conditions):
1) Brush, debris rend non -ornamental vegetation shall be removed and not replaced within a
minimum 10' perimeter around all structure.
2) Clumps cif brush and vegetation up to a 40' perimeter around all structures (or to lot
boundaries) shrill he a mi.ninimn of 2 times the height of the fuel. Maximum diameter of the
clump, shall be'/:! the height of the file]. All measurements shall be from the edges of the
crowds ofthe fuel. Below the structures, beyond 40' and up to 60' from all structures, thin
shrubs to 30% of�the original canopy closure, with no clumps being larger than approximately
25' in diameter.
3) All branches from trees and brush within the 40' perimeter shall be pruned to a height of 10'
above the ground with removal of ladder fuels from around trees and brush.
4) No more than 3 coniferous trees shall be planted within 30' of all structures. No conifers
shall be within 20' cif the structures, and not conifers shall be placed below (downslope) of the
structures. free cr-o%vn separation shall be a inin11n1Wn of 20% except -for aspen trees, which
do not need to have a tree crowd separation.
5) All deadfiill tip to a 100' perimeter (or to lot boundaries) shall be removed.
6) No flanlnlable mulches shrill be placed within two (2) feet of a residence,
7) No shrubs or conifers are allowed within 15' of the driveway. Aspen are permitted within
I0* of the driveway, but must be pruned to 6' above tite ground.
3) Low vegetation (;t,rasses, forbs and low shrubs) shall be kept mowed to less than 6" within
10' of either side of the driveway.
9) The property owner shrill be responsible fol' the continued maintenance of the defensible
space vegetation requirements.
B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted
Building Code. No wooed shakes or shingles. All other adopted Building Code compliant
methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they
comply with t11e following:
1) All roof coverings shall be constructed of non-combustible materials and installed ort a Class
A roofasscmbly.
Detei-mininion No.
1'i ea
?) All rool'coverings ;hall have a surface that shall facilitate the natural process of'clearinz roof
debris.
3) Protrusiotls abOVC tlu 1-00111ne. such as parap::ts, shall be prolubite(l.
4) Roofs shall be installed as required by the adopted Building Code 111(1 shall have a minimum
pitch of 1:=15.
�) All rool'desiprls, covering-, or equivalent assemblies shall be specifically approved by the
Fire I'vfarshal prior to submittal oCa building permit application.
C. Roof Venting:
I) Soffit venting; shall be located in the carter 1i3`1 portion ol'the overhang.
?) :Vtic. soffit and ether roofventing shall be of non -corrosive metal mesh with maxilrlum
open inks.
D. Projection; at the Roollinc, including So flits, Ratters, Porch or Deck Rools, Fascias. or Other:
One 11OUr rated material or ally material underlain by 5i$" Type X sypbo and or c(liml, or -Type
IV" I leave *Timber materials. per the currently adopted huildirlg cede.
L. Decks, Decking. (.:antilevercd Floors. or Other Pr(jections Below the Roo ine:
I ) Construction with noncombustiblc or one ( I ) hour rated material, or material with flame
spread •=:?> (tested to ASTM E84 and listed fir exterior use). or
?) Conventionally framed deck with \\aterproofsuriace and underside protected with 5'8- Type
X g�-phoard or equal (decking a> "a" above), or
i) "Type iV" I leave Timber materials: joist will beams r1 minium 6"x 10", columns rl ininiurn
"xS decking mini111um -1" in depth. or decking as "a" above: or equivalent lot
construction. or
•1) Enclose projection vertically- to 4 -round with one hour lire resistive materials. Decking as "a"
above.
1'. Railings: Railin ".s must be constructed of noncombustible or -Cope iV- I leave 'Kimber materials.
G. Exterior of,the Structure, Including All Walls:
1) One ( I ) hour lire resistive rated materials, or
2) 5I8" gypboard underlying combustible materials, or
3) Cement stucco, r111nrr11Un1 thickness.
4) All glazing to be tempered glazing; and
5) Door; to be metal or woad i "i" thick minimum.
1-1. foundations: Founclatious. skirting, anis cra%\ I space openings shall be full' enclosed and
constructed with materials approved for one (1) hour fire -resistive construction on the exterior
side of (lic: walls and shali extend frons the top of grade to the underside of the floor deckinwt, or
walls.
1. ltilainten<tlice and Miscellaneous Requirements
) Roofs and gutters shall be kept clear oi'debris.
') Any outbuilding shall adhere to the same N%ildrre requirements.
3) Yards shall be kept clear- of all litter, slash and llanlrlrlble debris.
4) All flammable materials shall be stored on a parallel contour a minimum of' tiflcen (f 5) feet
De1e!-mina1ror-j .,VV '- _- 201 ?
Pqr e
away f i-Onl any structure.
5) Weeds and grasses within the ten (10) root perimeter shall be maintained to a height not more
than six (6) inches.
6) l irewoodlwood piles shall be stacked oil a parallel contour a tninitnum Offifteen (15) feet
wway from the structure.
7) Swimming pools and ponds shall be accessible by the local fire district.
8) Fences shall be kept clear of brush and debris.
9) Wood fences shall not t-atltlect to Other structures.
10) Fuel tanks Shall be installed underground with an approved container.
1 I ) Propane tanks shall be buried, if possible, or installed according, to NFPA 58 standards and on
a contour away from the structure with standard defensible; space vegetation mitigation
IP
around any aboveground tank. Any wood enclosure around the tank shall be constructed with
materials approved for two (2) hour fire -resistive construction on the: exterior side of the
walls.
12) I -Each structure shall have a minimum of one ten (10) pound ABC Fire extinguisher.
1 i) Addresses shall be clearly marked with two (2) inch noel -combustible letters and shall be
visible at the primary paint ofaCCCSS 11.0111 the public or common access road and installed on
it non-combustible post.
14) Utilities shall be extended undel-grOUnd.
10. The Applicant shall comply with the applicable codes and requirements of the Aspen lire Protection
District. includinfg but not limited to access, turning around of fire appllratus, installation ofan approved
fire sprinkler system and provision of water supply fear fire: fightino. A hire hydrant is located within 100'
of the lot.
11. The Applicant shall comply with elle Iollowing measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside of the activity envelope.
B. 'Trash/garbage shall be kept in all approved bear resistant container or enclosure, pursuant to the
County's Wildlife Protection Ordinance. Verification ofcompliance shall be provided prior to
issuance ora certificate of occupancy.
C. Fencing shall comply with the follov.-ing, except for fencing immediately aqjace;nt to the
buildings to contain pets or livestock:
I ) Wood fencing shrill employ three rails or less, be the round or split rail type, shall not exceed
48 inches in height above ground level and 12 inches in width (top view), and shall have at
least 18 inches between two of the rails.
2) Wire fencing shall consist of no more than i strands of'smooth %vire and shall not exceed 42
inches in height.
:3) Mesh or woven wire fences are prohibited, except when used for protection around isolated
trees or clumps of trees.
U. Avoid fruit -bearing trees and shrubs in filly° landscaping.
E. Construction workers shall be prohibited from bringing dogs on-site during construction.
1=. All outside doors shall utilize only solid round handled door knobs unlcss another type is required by
tile applicable building code: for disabled accessibility purposes.
G. Bird feeders, including, hummingbird feeders, shall be hung away from any deck or window, and
shall beat least 10' from the grouted suspended between 2 trees or posts. All seed feeders shall
include a seed catchment pan to catch discarded seeds. Bird feeders should be removed from April
through November.
i
Deiet-minatiun11'c1.�J
Page 6
12. No development including gradlllg, excavation. fill placement, benning, landscaping, vegetation
removal or disturbance, well or septic system shall occur outside of the approved activity envelope,
except as necessary to comply witil the wildfire mitigation measures described above.
! 3. Prior to commencement cif arty Call 111110vir19 ar other construction Activity, the Applicirltt shall stake
the corners of the activity envelope and install construction fencing around dee construction site
within the perimeter ofthe activity envelope. The fencing shall remain in place until issuance of a
Cetrtif icate of Occupancy.
14. All areas disturbed by construction shill be re-ve-L, lted with nrttive. shrubs and grasses within one
growing season of the proiect's completion.
15. No calculations for height, bulk. setback. size. floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time ofbuilding permit.
16. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approved(s) related to this property, or vested rights associated with this
property.
17. Statutory vested rigltts for the approval contained herein are granted pursuant to the Pitkin C.ounIV
Land Use Code and Colorado Statutes, subject to the exceptions set forth In Pitkin County Land Use
�')Code § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on
2018.
DetenninationNo. 51-
-2015
Page 7
NOTICE (:)F PUBLIC HEARING PUBLISI-II I) ISN THF ASPEN TIMES WEEKLY on the 2"` day
ofJuly. 201 S.
AYi'1tOVEl3 AND AI)t)I''I'1:I) tlii.5day of ?(?iS.
PUBLISHED AFTI?R ADOPTION FOR VES'T'ED RI:AI, PROPERTY RIGHT'S in the Aspic
Times Weekly on the day off��'�t'Y�'�- ; 2015.
A'ITE'ST.
Bonnie Shiles; Adininistrative Assistant
APPROVED AS TO FOR?vl:
John
Cou AN, Attorney
PIDI.12643Q 13304002
P048-15
CO. -M IUNII-Y DEVF;LOPMEXI"
DEPARTME.NI' Fli?ARING OFFICER
{X I TIR N COUNTY, C;0I.9R.AD0
By___._..._��
'!Nomas Fenton Si 'alr I.-Iea'dno Officer
APPROVED AS TO CON''1'1.INT:
C, ndy Hou vil.
Community Development Director
EXHIBIT #7
1
l
January 4, 2008
Alan Richman, AICP
l
Alan Richman Planning Services
P.O. Box 3613
Aspen CO, 81612
1
RE: Lot 2, Block 6, Brush Creek Village Filing #1 (Stitt Property)
1
Dear Mr. Richman
Please submit this letter with your application to Pitkin County.
I visited the Stitt Property in Pitkin County, on December 4, 2007 with the owner's
representative Mr. Alan Richman. Mr. Richman is preparing a hazard assessment for
establishment of an activity envelope. The entirety of the lot is considered "High Hazard".
1 The topography around the homesite can be characterized as a varied slope generally
exceeding 20%, with some smaller areas with less than 20% slope, with continuous brushy
fuels. There are no areas within the Lot that are not Severe Hazard areas. Therefore, the
i following Mitigations are recommended for new construction activities:
I
I. Defensible Space
As during construction most of the vegetation within at least 20' of the structure Wll likely be
removed, re -planting of vegetation must adhere to the following:
1. Brush, debris and non -ornamental vegetation shall be removed and not replaced within a
ten -foot perimeter around all structures.
9
Clumps of brush and vegetation up to a forty -foot (40') perimeter (or to lot boundaries)
shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the
clumps shall be YZ the height of the
fuel. All measurements shall be
from the edges of the crowds of the
fuel. Below the structure, over lot
thinning shall continue to 60' from
occupied buildings. Within this 40'
to 60', thin shrubs to 30% of original
canopy closure, with no clumps
being larger than approximately 25'
in diameter. Thinning can be done
in an aesthetically pleasing manner.
All branches from trees and brush
within the 40' perimeter shall be
pruned to a height of 10 feet above
the ground w th removal of ladder
0222 BOBCAT LANE • REDSTONE • COLORADO • 81623
PHONE/FAX: (970) 963-2190 • CELL: (970) 309-4454
EMAIL: ERIC.PETTERSON@STARBAND.NET
fuels from around trees and brush.
4. No more than 3 coniferous trees may be planted within 30' of a structure. No conifers
may be within 20' of the residence, and no conifers may be placed below (downslope) of
the residence Tree crown separation shall be a minimum of 20', except for aspen trees,
which do not need to have a tree crown separation.
5. No branches shall be within 15' of the chimney, and no branches shall be within 15' of the
structure.
6. All deadfall and dead branches on shrubs shall be removed up to a 1 00'perimeter, or to
property boundaries.
7. No flammable mulches shall be placed within 2' of a residence.
8. Installed or native landscaping within 20' of the house should not contain any brushy
species- only grasses or forbs are allowed. Aspen trees are allowed near the house, as
long as they are not within 10' of the structure, and are kept limbed to 10' (unless the
trees are less than 10' tall). No trees of any species may be within 15' of any window
9. The property owner shall be responsible for the continued maintenance of the above
listed vegetation requirements.
11. Access
1. No shrubs or conifers are allowed within 15' of the driveway. Aspen are permitted
within 10' of the driveway, but must be pruned to 6' above the ground.
2. Low vegetation (grasses, forbs and low shrubs) shall be kept mowed to less than 6"
within 10' of either side of the driveway.
! III. Water Supply for Fire Safety
i Note: A fire hydrant is located within 100' of the lot.
i 1. 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 1,000 gallon storage capacity per structure.
2. All structures where humans congregate regularly shall be required to install in-
house sprinkler systems that meet the standards of the local fire protection district
and the IBC. 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.
IV. Roofing Materials, Roofing Vents and Projections at and Below Roof Line
1. General Roofing Standards
Roofs with less than a 3:12 pitch are only allowed as long as they comply with the
following:
a. All roof coverings shall be constructed of non-combustible materials.
JR-ROCKYMOUNTAN ECOLOGICAL SERVICES, INC
b. All roof coverings shall have a surface that shall facilitate the natural process
of clearing roof debris.
c. Protrusions above the roofline, such as parapets, shall be prohibited.
d. Roofs shall be installed as required by the adopted Building Code and shall
have a minimum roof pitch of 1:48.
e. All roof designs, coverings, or equivalent assemblies shall be specifically
approved by the Fire Marshall prior to submittal of a building permit
application.
2. Roof Venting
a. Soffit venting shall be located in the outer 1/3d portion of the overhang.
b. Attic, soffits and other roof venting shall be of non -corrosive metal mesh with
maximum %" openings.
3. Roofing Materials
a. Any new roofs shall be constructed with non-combustible covering (see IBC
Section 1505.2).
b. No wood shakes or shingles.
4. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs,
Fascias, or Other:
a. One hour rated material or any material underlain by 5/8 Type X gypboard or
equal, or
b. "Type IV" Heavy Timber materials, per the IBC.
5. Decks, Decking, Cantilevered Floors, or Other Projections Below the
Roofline:
a. Construction with noncombustible or 1 hour rated material, or material with
flame spread <25, or
b. Conventionally
framed deck with
waterproof surface
and underside
protected with 5/8"
Type X gypboard or
equal, or
c. "Type IV" Heavy
Timber materials:
joist and beams
minimum 6"x10",
columns minimum
S'v8", decking
minimum 4" in depth
P-ROCKYMOUNTAIN ECOLOGICAL SERVICES, INC
3
N
i
3
or decking as "a" above, or equivalent log construction, or
d. Enclose projection vertically to ground with 1 hour fire resistive materials.
6. Railings
a. Railings must be constructed of noncombustible or "Type IV" Heavy Timber
materials
7. Exterior of the Structure, Including All Walls
a. One hour fire resistive rated materials, or
b. 5/8" gypboard underlying combustible materials, or
c. Cement stucco, minimum 3/" thickness
d. All glazing to be tempered glazing, and
e. Doors to be metal or wood 1 '/" thick minimum.
8. Foundations
a. Foundations, skirting, and crawl space opening shall be fully enclosed and
constructed with materials approved for 1 hour fire -resistive construction on
the exterior side of the walls and shall extend from the top of grade to the
underside of the floor decking or walls.
9. Maintenance and Miscellaneous Requirements
a.
Roofs and gutters shall be kept clear of debris.
b.
Yards shall be kept clear of all litter, slash and flammable debris.
c.
All flammable materials shall be stored on a parallel contour a minimum of
fifteen (15) feet away from any structure.
d.
Weeds and grasses within the ten (20) foot perimeter shall be maintained to
a height of not more than six (6) inches.
e.
Firewood/wood piles shall be stacked on a parallel contour a minimum of
fifteen (30) feet away from the structure during the spring, summer and fall
months.
f.
Swimming pools and ponds shall be accessible by the local fire district.
g.
Fences shall be kept clear of brush and debris.
h.
Wood fences shall not connect to other structures.
L
Fuel tanks shall be installed underground within an approved container.
' j.
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
t
space vegetation mitigation around any aboveground tank. Any wood
enclosure around the tank shall be constructed with materials approved for
two (2) hour fire -resistive construction on the exterior side of the walls.
ROCKYMOUNTAIN ECOLOGICAL SERVICES, INC 4
k. Each structure shall have a minimum of one ten (10) pound ABC fire
extinguisher.
I. Addresses shall be clearly marked with two (2) inch non-combustible letters
and shall be visible at the primary point of access from the public or common
access road and installed on a non-combustible surface.
The standards stated in 7-20-60 Wildfire Hazards, has been slightly modified for the conditions
at this property. Thank you for this opportunity to comment on this property, and please feel free
to email if you have any questions.
l
l
Sincerely,
'.-N
Eric Petterson
Rocky Mountain Ecological Services, Inc.
�-0
s�
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'AD
-49
014
.14
114
A
,49
i�
rROCKYMOUNTAiN ECOLOGICAL SERVICES, INC S
7
DRAWINGS
Pitkin Maps & More Pensco Trust (Stitt) Vicinity Map
Map Created on 5:36 PM 09/17/18 at http:/Avww.pitkinmapsandmore.com
1.504.7 0 752.33 1,500.7 Feet
is 9,028
wGS_1984_Mb Me=t: r_Aluiliary_Sphere
21
THIS MAP IS FOR INFORMATIONAL PURPOSES.
Pitkin County GIS makes no warranty or guarantee
concerning the completeness, accuracy, or reliability
of the content represented.
State Highway
Road Centerlire 9K
a Primary Road
e Secondary Read
Service Road
Pareel Boundary
Rivers end Creeks
— Continuous
_... Intermittent
River, Lake or Pond
1� Town Boundary
Federal Land Boundary
BLM
❑ State of Colorado
❑ USFS
Notes
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on February 15, 2019, the Pitkin
County Community Development Director granted approval for the Pensco Trust
Company Activity Envelope Review (Case P075-18; Decision #015-2019). The property is
located on Red Tail Lane and is legally described as Lot 2, Block 1, Filing 1, Brush
Creek Village Subdivision. The State Parcel Identification Number for the property is
2643-213-04-002. This site-specific development plan grants a vested property right
pursuant to Title 24, Article 68, Colorado Revised Statutes.
S/Cindy Houben
Community Development Director
Pitkin County, Colorado
Published in the Aspen Times Weekly, on MARCH 7, 2019.
PUBLIC NOTICE
RE: Pensco Trust Company Activity Envelope Review (Case P075-18)
NOTICE IS HEREBY GIVEN that an application has been submitted by Pensco Trust
Company (1450 Silver King Drive, Aspen, CO 81611) requesting to re-establish the previously
approved Activity Envelope for a single family residence. The property is located on Red Tail
Lane and is legally described as Lot 2, Block 1, Filing 1, Brush Creek Village Subdivision. The
State Parcel Identification Number for the property is 2643-213-04-002. 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
26, 2018. For further information, contact Suzanne Wolff at (970) 920-5093.
Published in the Aspen Times Weekly on October 25, 2018.
Attention All Property Owners within 300' of the subject property
A property owner receiving this public notice who wishes to submit comments or an objection
shall submit those to the Pitkin County Community Development, 530 East Main Street, Suite
#205, Aspen, Colorado 81611, by November 26, 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.
htlp://pitkincounty.com/DocumentCenter/View/17370
Wednesday October 17, 2018
Liz & Jere Long
1560 Medicine Bow Road
Aspen, CO 81611
Pitkin County Community Development Dept.
City Hall:130 South Galena Street
Aspen, CO 81611
Attn: Suzanne Wolf
Re: Pensco Trust Company Activity Envelope Review
(PID 2643-213-04-002; Case P075-18)
Dear Pitkin County Community Development Department,
This letter is regarding the property located on Red Tail Lane described as lot 2 block 6 filing
Brush Creek subdivision. Proposed by Pensco Trust company.
We write in connection with the above planning project, our house is directly across the street.
We understand that at this point they are looking for approval forjust an activity envelope, but
we feel it necessary to point out our concerns regarding the placement of the structure's
footprint.
Brush Creek is a wonderful place to live, and many of the homes in the neighborhood have
beautiful mountain views. We do not begrudge anyone the opportunity to develop the land they
own. Our problem arises when those developments interfere with the value of our property.
We are concerned with the height of a 5,000 square foot building on such a small buildable land
area. The envelope area is quite long and narrow. We are troubled that in order to fit such a
large home on that property, it will be very tall, obstructing our neighbor's and our views;
therefore lowering our property values. It may also violate the Pitkin County's Ridgeline and
Scenic foreground land use code. According to section 7-20-120 Scenic view protection:
...designed to minimize the visual impact of new development (including expansions to
existing structures) when viewed from designated road corridors, as well as preserve the rural
character of all Rural Areas of the county......
Additional points from the code state:
• To maintain a natural ridgeline silhouette against the sky and to steer development away
from the ridgelines and skylines throughout the county as viewed from public roadway
corridors.
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.
To reduce visual damage to the natural landforms and views throughout the county.
This size of home would not fit harmoniously within our existing neighborhood.
We have spoken with other neighbors, and they also share our concerns.
1
We would also like to bring to your attention the By Laws of Brush Creek Homeowners
Association. It states that "...it is strongly recommended that a preliminary design conference be
scheduled... so that members of committee and neighbors can study the siting and height of the
structures... to make sure that the proposed structure will fit properly on the site and relate
harmoniously to neighboring structures."
Plans submitted should include:
• Site plan with building footprints, landscaping, access and utilities.
• Exterior elevations and building sections showing heights of each part of the building
We would really like to ensure that we have a chance to review any future building plans.
Thank you for taking the time to read and consider our concerns,
If this application is to be decided by the Pitkin County Board, please take this as notice as we
would like to speak at the meeting of the committee at which this application is expected to be
decided. Please le�us-lyiow as soon as possible the date of the meeting.
Yours
Je Liz Lo
60 Medicine Bow Road
— J
Aspen, CO 81612
970.925.9995 h
917.837.0508 c
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
530 East Main Street, Suite #205
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
October 11, 2018
Alan Richman
PO Box 3613
Aspen, CO 81612
arichman@sopris.net
Re: Pensco Trust Company Activity Envelope Review
(PID #2643-213-04-002; Case # P075-18)
Dear Mr. Richman:
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 26th day of November, 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 91h 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 Suzanne Wolff, the planner assigned to your case, at 920-5093.
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: County Attorney
Brush Creek Metro District
FROM: Suzanne Wolff, Community Development Department
Suzanne.wolff(a�pitkincount.
Re: Pensco Trust Company Activity Envelope Review
(PID 2643-213-04-002; Case P075-18)
DATE: October 11, 2018
Attached for your review and comments are materials for an application submitted by
Pensco Trust Company. The Pitkin County Community Development Director will
review the application.
Please return your comments to me by Thursday, November 23, 2018.
http://pitkincounty.com/DocumentCenter/View/I 7370
Thank you.
Subject: Pensco Trust Company activity envelope review- P-075-18
From: 91ax@comcast.net
To: Bonnie. Schiles@pitkincounty.com, Suzanne Wolff
<suzanne.wolff@pitkincounty. com>,bugzy@rof.net, Lawson@brownwillslaw.com,pretty_tree@hot:
Richman <arichman@sopris.net>
Date Sent: Friday, November 16, 2018 9:56:39 AM GMT -07:00
Date Received: Friday, November 16, 2018 9:56:41 AM GMT -07:00
Good morning Bonnie- On behalf of Brush Creek Metro District and as their manager I have been asked to
forward comments on the Pensco application, case P-075-18. We understand that the request is for an
extension of vested rights for the activity envelope on the parcel located on Red Tail/Medicine Bow roads in
Brush Creek subdivision. The request is accompanied by a geological hazards report that speaks to the soil
conditions in the area.
Pitkin County is the owner of the rights of way in Brush Creek. The Metro district is responsible for the roads
and also owns the waterlines in the roadway.
Our concern is the close proximity of the building site to the road platforms to to the south and west of the
activity envelope. Our concern is related to the excavation in the envelope and the potential of planned
stabilization of steep slopes that may negatively impact the road platform and utilities in the future.
We are requesting further clarification of the activity envelope on the site by physical means, ie staking corners
We are also requesting that excavation cuts on steep slopes that may compromise a stable road platform be
prohibited. Further we request that any encroachment into the ROW /road prism by retaining walls, soil nails,
pilings or other means be prohibited.
The applicant has met with neighbors and there are other concerns that I believe they will address
independently.
Thanks for your attention.
Sincerely,
Brush Creek Metro District
Rick Stevens
1/1
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00044893
Name: Austine N Stitt Date:9/20/2018
Project Address: RED TAIL LN
Type: check #1032
Permit Number Fee Description Amount
0075.2018.PLAN PP- Flat Fee 1,300.00
0075.2018.PLAN PP- Public Notice Fee 54.00
Total: 1,354.00
ACTIVITY
ENVELOPE
LINE TABLE
LINE
LENGTH
BEARING
Ll
1139
N04*20'00"E
L2
75.01
N04*20'00'E
L3
14.98
N06*20'25'E
L4
18,131
S44*03'06"E
L5
27.03
N06*55"17"E
L6
5 4.8 :>
NOO*06'04'E
L7
15.01
N26*25'12"E
L8
20.54
S46*46'07'E
L9
55.21
N06*20'25"E
L10
31,58
N50*08"12"W
1-11
31,29
S32"03'14"E
L12
129,93
S50*05'42"E
L13
15.88
S36*38104,YW
L14
44.16
S29*09'24'E
L15
77.01
S35*4924*YW
L16
103.03
N54*14'22"W
L17
46-60
S17"1631"W
L18
62.81
S00009'31'E
L191
21,171
S29*07'04'W
L2
99,481
S54*04'44"W
PENSCO TRUST COMPANY
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LS# 9184
BENCHMARK= 8079.94 LOT 1
0 10 20 40
20
1) LEGAL DESCRIPTION:
LOT 2, BLOCK 6, BRUSH CREEK VILLAGE SUBDIVISION, FILING NO. 1 ACCORDING TO
THE PLAT RECORDED IN BOOK 3 AT PAGE 62, COUNTY OF PITKIN, STATE OF
COLORADO.
2) SETBACKS TAKEN FROM PITKIN COUNTY ZONING DESIGNATION AR -10.
3) CONTOUR INTERVAL IS TWO (2) FEET.
4) BENCHMARK = 8079.94' AT THE S.W. PROPERTY CORNER.
5) THIS ACTIVITY ENVELOPE PLAN AMENDS AND SUPERSEDES ALL PRIOR ACTIVITY
ENVELOPE PLANS FOR THIS PROPERTY, INCLUDING THOSE RECORDED IN PLAT BOOK
87 AT PAGE 64 AND PLAT BOOK 112 AT PAGE 91 RECORDS OF THE PITKIN
COUNTY CLERK AND RECORDER.
INDICATES FOUND MONUMENT AS DESCR
PE ANALYSIS
SLOPES 0% < 1
- SLOPES15% < 30
ani
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SLOPES 30% < 45%
.............. .......
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CURVE TABLE
CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA
C1 27.74 170.00 13,90 27.71, NOO*20'29"W 9*20'58'y
C2 146.45 122.09 83.48 137,831 S40*42'15-YW 68*43*'40"
DISCLAIME
APPLICANT ACKNOWLEDGES THAT HE/SHE HAS BEEN INFORMED BY PITKIN COUNTY OF THE
EXISTENCE OF ENVIRONMENTAL HAZARD AREAS THAT MIGHT AFFECT THE PROPERTY, ANY
IMPROVEMENTS, AND THE USE AND OCCUPANCY THEREOF, THE PROVISIONS OF THE PITKIN
COUNTY REGULATIONS DO NOT IN ANY Y ASSURE OR IMPLY THAT AREAS OUTSIDE OF
DESIGNATED HAZARD AREAS WIL L BE EkROM,,��ZARDS, OR THAT APPROVED MITIGATION
ME ES Wl��4ARAN TH F Y OPERTY.
'w
I &jW9F. A
O,WNER�APPLICAN T:
Ila A411 Oak
11"a, f�
PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR
0 THIS ACTIVITY ENVELOPE HAS BEEN REVIEWE��AND APPROVED, BY THE PITKIN COUNTY
0
- COMMUNITY DEVELOPMENT DIRECTOR THIS -,6 --- DAY OFj'V-1A--,2019, SUBJECT TO
ADMINISTRATIVE DECISION NO -------- 1,5----2019 RECO DED AS RECEPTION NO.
02
a.,4- f A 7-4-
6: COM NITY DEV I 0PMEI` T SEAL
W
%
ACCEPTANC: FOR RECORDING
(L
Lo
C4 THIS ACTIVITY ENVELOPE HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND
� 134 10* RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO, AT-1Ik(tO'CLOCK,--?-M. THIS
0 1;-.) .".0 #w
0 _q_ --DAY OF IN PLAT BOOK AT PAGE -q--- AS RECEPTION NUMBER
(L (L
CLERK & RECORDER
Rocky Mountain Surveying
ACTIVITY ENVELOPE
CURVE
TABLE
CURVE
LENGTH
RADIUS
TANGENT
CHORD
BEARING
DELTA
C3
29.04
146.19
14.57
29-00
NOO*54'10A'W
11*2259"'
C4
20.071
92,091
10.08
20.031
S12*35'03#W,
2*29'16"
C5
102.421
122,091
54�44
99,441
S48*11/13#W
1480
PENSCO TRUST COMPANY
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4-
N89*06'50"E 322.48' YPC
YPC L 20.0' LS# 9184
LS# 9184
BENCHMARK= 8079.94 LOT 1
0 10 20 40
20
1) LEGAL DESCRIPTION:
LOT 2, BLOCK 6, BRUSH CREEK VILLAGE SUBDIVISION, FILING NO. 1 ACCORDING TO
THE PLAT RECORDED IN BOOK 3 AT PAGE 62, COUNTY OF PITKIN, STATE OF
COLORADO.
2) SETBACKS TAKEN FROM PITKIN COUNTY ZONING DESIGNATION AR -10.
3) CONTOUR INTERVAL IS TWO (2) FEET.
4) BENCHMARK = 8079.94' AT THE S.W. PROPERTY CORNER.
5) THIS ACTIVITY ENVELOPE PLAN AMENDS AND SUPERSEDES ALL PRIOR ACTIVITY
ENVELOPE PLANS FOR THIS PROPERTY, INCLUDING THOSE RECORDED IN PLAT BOOK
87 AT PAGE 64 AND PLAT BOOK 112 AT PAGE 91 RECORDS OF THE PITKIN
COUNTY CLERK AND RECORDER.
INDICATES FOUND MONUMENT AS DESCR
PE ANALYSIS
SLOPES 0% < 1
- SLOPES15% < 30
ani
......................
......................
... I ..................
......................
SLOPES 30% < 45%
.............. .......
I .....................
......................
...............
+ + + + + + + + + + + + + SLOPES 45% AND OVER
CURVE TABLE
CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA
C1 27.74 170.00 13,90 27.71, NOO*20'29"W 9*20'58'y
C2 146.45 122.09 83.48 137,831 S40*42'15-YW 68*43*'40"
DISCLAIME
APPLICANT ACKNOWLEDGES THAT HE/SHE HAS BEEN INFORMED BY PITKIN COUNTY OF THE
EXISTENCE OF ENVIRONMENTAL HAZARD AREAS THAT MIGHT AFFECT THE PROPERTY, ANY
IMPROVEMENTS, AND THE USE AND OCCUPANCY THEREOF, THE PROVISIONS OF THE PITKIN
COUNTY REGULATIONS DO NOT IN ANY Y ASSURE OR IMPLY THAT AREAS OUTSIDE OF
DESIGNATED HAZARD AREAS WIL L BE EkROM,,��ZARDS, OR THAT APPROVED MITIGATION
ME ES Wl��4ARAN TH F Y OPERTY.
'w
I &jW9F. A
O,WNER�APPLICAN T:
Ila A411 Oak
11"a, f�
PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR
0 THIS ACTIVITY ENVELOPE HAS BEEN REVIEWE��AND APPROVED, BY THE PITKIN COUNTY
0
- COMMUNITY DEVELOPMENT DIRECTOR THIS -,6 --- DAY OFj'V-1A--,2019, SUBJECT TO
ADMINISTRATIVE DECISION NO -------- 1,5----2019 RECO DED AS RECEPTION NO.
02
a.,4- f A 7-4-
6: COM NITY DEV I 0PMEI` T SEAL
W
%
ACCEPTANC: FOR RECORDING
(L
Lo
C4 THIS ACTIVITY ENVELOPE HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND
� 134 10* RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO, AT-1Ik(tO'CLOCK,--?-M. THIS
0 1;-.) .".0 #w
0 _q_ --DAY OF IN PLAT BOOK AT PAGE -q--- AS RECEPTION NUMBER
(L (L
CLERK & RECORDER
Rocky Mountain Surveying
DATE
11/2007
REVISED:
01/2008, 09/2015,
09/2019
FILE NO:
07569
4133 crystal springs rd
carbondale co 81623
phone 970-379-1919
fax 970-963-5873
laff@sopris.net