Loading...
HomeMy WebLinkAboutpitkin.planning.246721203002 (2018)RECEPTION#: 661109, R: $0.00, D: $0.00 DOC CODE: ADMIN DECISION Pg 1 of 7,1211112019 at 01:11:19 PM Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING TBE ROARING FORK MEADOWS LLC (LOT 2, ROARING FORK MEADOWS SUBDIVISION/P.U.D.) ACTIVITY ENVELOPE REVIEW Administrative Decision No. 3�-2019 RECITALS 1. Roaring Fork Meadows LLC ("Applicant") has applied to the Community Development Director of Pitkin County C Director") to re-establish the activity envelopes approved in 2010. The proposed activity envelopes are generally the same as the previously approved activity envelopes with the exception of areas added for access and a 30' wide buffer area around the pond. 2. The lot is located off of Tejas Trail, and is more specifically described as Lot 2, Roaring Fork Meadows Subdivision/PUD. 3. The lot contains 7.054 acres, and is a non -conforming size lot which is less than the minimum lot size typically required in the AR -10 zone district. The varied lot size was approved with the Roaring Fork Meadows Subdivision/P.U.D through BOCC Resolution Nos. 068-2004 and 143-2005. The Final Plat was recorded in Plat Book 78 at Pages 84-86. The PUD Guide was recorded as Reception No. 523402. The subdivision consisted of five residential lots, two common parcels and one tract conveyed to the County (two additional lots were subsequently added to the Roaring Fork Meadows Subdivision/PUD to result in a total of seven residential lots). The BOCC approved an amendment to the PUD Guide, pursuant to Resolution No. 61-2010. 4. Pursuant to Administrative Decision No. 40-2010, PUD Amendments and Plat Amendments were approved. The associated First Amended 1041 Review Site Plan for Lot 2 was recorded in Plat Book 94 at Page 42. The plan includes a Building Envelope, Landscape Envelopes, a Utility and Access Envelope, and a Disturbance Envelope. In 2017, a Plat Amendment was recorded in Book 120 at Page 1 pursuant to Administrative Decision No. 36-2017 to provide a new access easement across Lot 2 for the benefit of Lot 7. The lot has not been developed. 5. The Director finds that the proposed Activity Envelope is consistent with the applicable requirements of the Code, as follows: A. The activity envelope is primarily located on slopes of less than 30%. Small areas with slopes in excess of 30% included in the envelope are the result of the Basalt -Old Snowmass Trail, the Alexis Arbaney Ditch, and the banks of the manmade pond, and are considered minor slope anomalies pursuant to See. 7-20-20(c)(3). B. The wildfire hazard is rated as low, and can be mitigated. C. The lot is mapped within Mule Deer Winter Range, Mule Deer Severe Winter Range, and is mapped within 1/4 mile of Elk Severe Winter Range. During the 2003 Morrow Wingo Junction Ranch Subdivision/PUD Conceptual Submission, and 1041 Hazard Review, the Colorado Parks and Wildlife Department as well as the County Wildlife Biologist field verified that the critical wildlife areas are located above the Arbaney Ditch. A conservation easement has since been placed in the critical wildlife areas above the Arbaney Ditch and the proposed Activity Envelopes do not encroach into the critical habitat areas. Most recently, the Applicant engaged Colorado Wildlife Science "CWS") to assess the lot to determine whether development within the Activity Envelope would Administrative Decision No 4T-2019 Page 2 have any negative effects on important wildlife habitat. CWS with CPW District Wildlife Officer Kurtis Tesch visited the lot on November 6, 2019. After visiting the lot, CSW concluded that: 1) The lot is within an existing subdivision with residences on lots 1-3. Construction and occupancy of Lot 2 will not result in new disturbance effects or expand the zone of influence. 2) The location of the suitable active elk and mule deer severe winter range is above the Basalt -Old Snowmass Trail and above the toe of the slope which is contrary to what the CPW maps indicate. 3) Given the existing development and the trail, the buffers as described in Sec. 7-20-70(d)(6) for deer and elk severe winter range are not appropriate for the lot. 4) Since dogs are allowed on the Basalt -Old Snowmass Trail throughout the year, and there are no dog prohibitions on the adjacent lots, dogs should be allowed on the lot with the kenneling restriction in Sec. 7-20-70(e)(2). The kennel (i.e., fenced yard) should be within 50 feet of the residential building and should be placed on the southeast side of the structure such that the house serves as a visual screen between the kennel and the wildlife habitat above the trail. 5) Dogs should be leashed under human supervision when outside the required kennel. 6) In order to reduce potential effects of residential development and reduce the resulting zone of influence, a visual screen should be installed and maintained along the northeast portion of the property below the ditch. This screen should consist of a mix of native conifer and deciduous trees according to a landscaping plan to be approved by CPW and installed prior to issuance of a Certificate of Occupancy. 7) No outdoor construction shall be permitted from December I' through March 31s`. Kurtis Tesch concurred with the CSW conclusions in an email dated December 5, 2019. Tesch further noted that the existing residences on either side of the lot are located "pretty close to the toe of the slope, therefore... a house to be built in line with those won't have adverse effects on the wildlife in that area. If it was a new subdivision with no previous effects I would have a different response." D. The activity envelope is not within the 100 year floodplain and is not within any geologic hazard 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 Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. All conditions of BOCC Resolution Nos. 068-2004, 143-2005, 61-2010, Administrative Decision No. 40-2010, PUD Guide recorded as Reception No. 523402 as well as the Amended PUD Guide recorded as Reception No. 605667, shall remain in full force and effect, except as amended herein. 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. 4. Within 60 days of the date of this approval and 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 Director an Activity Envelope Plan in accordance with Land Use Code Administrative Decision No. 4-72019 Page 3 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. With the building permit application for the residence, the Applicant shall: A. Submit a copy of this recorded Administrative Decision and the recorded Activity Envelope and Site Plan. B. Obtain an address number from Pitkin County Addressing C. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. D. Submit an access permit for the driveway, which shall be approved by the Planning Engineer. The application shall include the following: 1) Compliance with the current Road Maintenance and Management Plan. 2) Engineering of all culvert crossings. 3) Approval of the Basalt and Rural Fire Protection District. 4) Provide details on all turn arounds and parking locations. E. Obtain a fireplace/woodstove permit from the Community Development Department, if applicable. F. Submit a site specific drainage and erosion control plan and accompanying drainage report demonstrating that historical flow patterns and runoff amounts will be maintained. If develop disturbs one acre or more, a Colorado Department of Public Health and Environment permit for Stormwater discharges associated with construction activates shall be applied for and obtained prior to issuance of a building permit. G. Demonstrate that the Alexis Arbaney Ditch, or any other ditches located above the proposed development has or will be placed in a culvert, lined, or otherwise treated to avoid leakage of water downhill towards the proposed development. H. Submit a detailed exterior lighting plan with the corresponding fixture cut sheets. I. Obtain an On -Site Wastewater Treatment System ("OWTS") Construction Permit from Environmental Health to construct an OWTS. The system shall be located within the Activity Envelope; and must comply with the setback requirements from surface and groundwater sources. A qualified professional engineer must design the system. J. Provide adequate engineering of any retaining walls over four (4) feet in height and/or any improvements to walls over four (4) feet in height. All retaining walls shall be a maximum of seven (7) feet tall. K. Submit a detailed revegetation plan for disturbed areas with appropriate native seed mixes and detailed landscape plan. In order to reduce potential effects of residential development and reduce the resulting zone of influence, the landscape plan shall include a visual screen along the northeast portion of the property below the ditch. This screen should consist of a mix of native conifer and deciduous trees which shall be approved by CP W and installed prior to issuance of a Certificate of Occupancy. L. Submit a tree removal and mitigation plan if any trees with larger than 6" DBH are to be removed. 6. Prior to issuance of a building permit for the residence, the Applicant shall pay the applicable road impact fee. 7. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard Area: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping Administrative Decision N647 -2019 Page 4 with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): 1) Brush, debris and non -ornamental vegetation shall be removed within a minimum ten -foot (10') perimeter around all structures. 2) All branches from trees and brush within 30 feet of all structures (or to the property line) shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 3) Tree crown separation for coniferous trees shall be at least 10'. Tree crowns for aspen may touch and interconnect, as long as ladder fuels have been removed from beneath trees. 4) Flammable mulches are not allowed within 2' of all structures. Aspen trees shall be at least 10' from the house. 5) Up to 5 evergreen trees are allowed within 30' of all structures, but should be limbed to 10' and shall not have any flammable fuels underneath the trees. These trees shall be separated by at least 20', unless clumped together (no more than 3 trees in a clump) in which case the clump shall be separated by at least 30' from another clump or individual tree. 6) No trees shall be within 15' of any window. 7) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 8) All deadfall up to a one hundred (100) foot perimeter or the property line shall be removed. 9) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted Building Code. No wood shakes or shingles. All other adopted Building Code compliant methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Roof Venting: 1) Soffit venting shall be located in the outer 1/31 portion of the overhang. 2) Attic, soffit and other roof venting shall be of non -corrosive metal mesh with maximum 1/4" openings. D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: Sheath with non-combustible materials, or combustible materials underlain with 5/8" Type X gypboard or equal, or minimum 4x6 rafters with 2x T&G decking. Administrative Decision No.4L-2019 Page 5 E. Decks, Decking, Cantilevered Floors, or Other Projections below the Roofline: Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. F. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/a) inch maximum. 3) Any outbuilding shall adhere to the same wildfire requirements. 4) Yards shall be kept clear of all litter, slash and flammable debris. 5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8) Swimming pools and ponds shall be accessible by the local fire district. 9) Fences shall be kept clear of brush and debris. 10) Wood fences shall not connect to other structures. 11) Fuel tanks shall be installed underground with an approved container. 12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire -resistive construction on the exterior side of the walls. 13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 14) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. 15) Utilities shall be extended underground. 8. The Applicant shall comply with the applicable codes and requirements of the Basalt and Rural Fire Protection District, including but not limited to access, turning around of fire apparatus, and installation of an approved fire sprinkler system. 9. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Outdoor construction activities shall be prohibited from December I" to March 31". B. Dogs shall be kenneled within fifty feet of the buildings or leashed under human supervision when outside a required kennel. The kennel should be placed on the southeast side of the structure such that the house serves as a visual screen between the kennel and the wildlife habitat above the trail. C. In order to reduce potential effects of residential development and reduce the resulting zone of influence, a visual screen should be installed and maintained along the northeast portion of the property below the ditch. This screen should consist of a mix of native conifer and deciduous trees according to a landscaping plan to be approved by CPW and installed prior to issuance of a Certificate of Occupancy. D. Native vegetation shall be maintained outside of the activity envelope except to comply with the wildfire mitigation measures and to control noxious weeds. E. Contractors shall be prohibited from bringing their dogs on-site. Administrative Decision No7�_-2019 Page 6 F. Landscaping shall not include nut, berry or fruit producing trees or shrubs, except those accepted by the County as generally unpalatable to bears. G. Trash/garbage shall be kept in an approved bear resistant container or enclosure as required by the County's Wildlife Protection Ordinance. H. Outside doors shall utilize only solid round handled doorknobs unless another type is required by the applicable building code for disabled accessibility purposes, or is approved by Colorado Parks and Wildlife as bear -proof. 1. Bind feeders, including hummingbird feeders, shall be hung away from any deck or window, and shall be at least 10' fiom 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 from April through November. J. All fencing shall comply with the following, except for fencing 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) Mesh or woven wire fences are prohibited, except when used for protection around isolated trees or clumps of trees. 10. The Applicant shall comply with the County's Noxious Weed Management Plan. 11. All plants used for landscaping and revegetation shall be native species. Areas disturbed by construction shall be re -vegetated within one growing season of the project's completion. Landscaping shall be completed prior to issuance of the Certificate of Occupancy for the residence. 12. 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. 13. No development, including well, OWTS, grading, excavation, fill placement, berming, landscaping, entry or ranch gates, construction parking and staging, and vegetation removal or disturbance, shall occur outside of the approved activity envelopes, as applicable, except to comply with the required wildfire mitigation or an approved weed management plan. 14. No development in excess of 30" above or below natural grade shall occur within the P.U.D.- approved setbacks of the lot specified in the PUD Guide, with the exception of driveways and associated retaining walls of up to 6' above or below natural Bade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive Bade. Any development located within setbacks mandated by County zoning regulations, as applicable in light of the PUD -approved setbacks, 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. 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. Any structures represented in the application may not be permitted under building and zoning regulations. Administrative Decision Noa9 -2019 Page 7 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.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on Lee_ 11 2022. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 30" day of August, 2018. APPROVED by the Director, this l lW day of bta-4-1a4- , 2019. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on theZ( day of beC , 2019. e� 14 - Cin ouben, Community Development Director PID# 246721203002 P056-18 PID No. 2467-212-03-002 $3) $3)  " "  '# " "  '# %&# -%&# - $&$(& !&'  * H A A S L A N D P L A N N I N G ,L L CCCCCCCHAAS L A N D P L A N N I N G , L L C 431+  )331  )  82622  *.971/935,7829 *$0!#!+  %(23)3128 RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 1RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 1 7/20/2018 10:06:14 AM7/20/2018 10:06:14 AM PID# 2467-212-03-002 AN APPLICATION FOR ACTIVITY ENVELOPE REVIEW APPROVAL FOR LOT 2, ROARING FORK MEADOWS SUBDIVISION/PUD Submitted by: Roaring Fork Meadows LLC 55 Waugh Drive, #1111 Houston, TX 77007 (713) 621-1180 Prepared by: HAAS LAND PLANNING, LLCHAAS LAND PLANNING, LLC Planning Consultant 420 East Main Street, Suite 220 Aspen, CO 81611 Phone: (970) 925-7819 Email: mitch@hlpaspen.com RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 2RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 2 7/20/2018 10:06:35 AM7/20/2018 10:06:35 AM PID# 2467-212-03-002 TABLE OF CONTENTS PAGE I. INTRODUCTION..……………………………………………………….….......1 II. BACKGROUND………………………………………………………………....4 III. PROPOSAL SUMMARY………………………………………...………….......5 IV. REVIEW REQUIREMENTS………………………………….….….….….........6 • Activity Envelope…………………………………………………...........6 • Site Preparation and Grading………………………………….………....7 • Steep and Potentially Unstable Slopes…………………………….….….7 • Water Courses and Drainage…….……….…………................................8 • Wildfire Hazards..……..……………………………………………...….9 • Wildlife Habitat Areas…………………………………….…….………10 • Rivers and Stream Corridors and Wetlands…………………………….10 • Landscaping and Vegetation Protection………………………………...10 V. CONCLUSION………………………………………………………………....11 EXHIBITS 1) Proposed Activity Envelope Plan for Lot 2, Roaring Fork Meadows Subdivision/P.U.D. 2) First Amended 1041 Hazard Review Site Plan for Lot 2, Roaring Fork Meadows Subdivision/PUD (Book 94, Page 42) 3) Prior Approvals: a) BOCC Resolution No. 143-2005 b) BOCC Resolution No. 051-2008 c) Administrative Decision No. 40-2010 d) Reception No. 605667 Amended & Restated Roaring Fork Meadows Subdivision/PUD Guide 4) Vicinity Map 5) Ownership Information 6) Owner’s Letter of Consent 7) Signed Fee Agreement 8) List of Neighbors within 300’ of Property 9) Pre-Application Summary RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 3RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 3 7/20/2018 10:06:35 AM7/20/2018 10:06:35 AM 240 Tejas Trail - PID# 2467-212-03-002 1 I. INTRODUCTION This application requests approval for an Activity Envelope on Lot 2 of the Roaring Fork Meadows Subdivision/PUD. The 7.054-acre Lot 2 is zoned AR-10 and located within the Roaring Fork Meadows subdivision in a “Rural” area of unincorporated Pitkin County, outside of the Urban Growth Boundary (see vicinity map below as well as Exhibit 4). The property remains undeveloped. Figure 1 - Vicinity Map Previously named the Morrow/Wingo Junction Ranch Subdivision, the property was originally part of a long-standing potato farm in the mid-valley area known as Wingo. The Morrow/Wingo Junction Ranch Subdivision/PUD was approved by Pitkin County in 2006. Subsequent approvals and amendments changed the name to Roaring Fork Meadows and expanded the subdivision to include two additional lots for a total of seven lots and two common parcels. The First Amended 1041 Hazard Review Site Plan for Lot 2, Roaring Fork Meadows Subdivision/PUD was approved in 2010 with a “Building Envelope,” two “Landscape Envelopes,” a “Utility and Access Envelope,” and a “Disturbance and Accessory Envelope” in generally the same location as the currently proposed Activity Envelope. RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 4RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 4 7/20/2018 10:06:35 AM7/20/2018 10:06:35 AM 240 Tejas Trail - PID# 2467-212-03-002 2 Said approval was granted under Administrative Decision No. 40-2010 (Reception No. 571752) and the associated 1041 Review Site Plan was recorded in Plat Book 94 at Page 42. No development action was ever taken under said 1041 Site Plan and the vested rights associated with the approval have since expired. In essence, this application simply seeks to re-establish the previously approved envelopes as a set of new Activity Envelopes. The only real change from the old 1041 Site Plan to the proposed Activity Envelope Plan is a small extension of the envelope to encompass and accommodate access from Tejas Trail to the portion of the property where development of a residence has always been envisioned to occur in the future. As demonstrated throughout this application, the property is not constrained in any manner that would prohibit, preclude or affect the residential development potential. Indeed, the proposed Activity Envelope area has been previously approved (twice) through the 1041 Environmental Hazards Review process. There are no known geologic hazards or natural water features. The wildfire hazard is deemed “low.” While there are wildlife habitats nearby (i.e., the conservation easement areas and BLM lands on the hillsides above the residential lots and the Basalt-Old Snowmass Trail), they are not mapped on the site itself, the proposed Activity Envelope is within existing zones of influence from surrounding development, and residential development in this location will not create additional impacts. Based on the proposed Activity Envelope area, the following code sections have been identified as pertinent in the attached Pre-Application Conference Summary and are addressed in Section IV, Review Requirements, of this application: § 2-30-20(g)(2): Activity Envelope Criteria for Approval; § 7-10-50 and -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; § 7-20-60: Wildfire (Low); § 7-20-70: Wildlife Habitat; § 7-20-80: Rivers and Stream Corridors; and § 7-20-130: Landscaping and Vegetation Protection. Further property information, plans, and reference information can be found in the Exhibits attached hereto, including the following: 1) Proposed Activity Envelope Plan for Lot 2, Roaring Fork Meadows Subdivision/P.U.D. 2) First Amended 1041 Hazard Review Site Plan for Lot 2, Roaring Fork Meadows Subdivision/PUD (Book 94, Page 42) 3) Prior Approvals: a) BOCC Resolution No. 143-2005 RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 5RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 5 7/20/2018 10:06:39 AM7/20/2018 10:06:39 AM 240 Tejas Trail - PID# 2467-212-03-002 3 b) BOCC Resolution No. 051-2008 c) Administrative Decision No. 40-2010 d) Reception No. 605667 Amended & Restated Roaring Fork Meadows Subdivision/PUD Guide 4) Vicinity Map 5) Ownership Information 6) Owner’s Letter of Consent 7) Signed Fee Agreement 8) List of Neighbors within 300’ of Property 9) Pre-Application Summary The information listed above should fulfill the County’s needs for a complete and thorough review of the application. While there have been additional approvals associated with the Raring Fork Meadows Subdivision/PUD, those have not been attached due to a lack or relevance relative to this Lot 2 Activity Envelope application. If additional information is necessary, please contact Haas Land Planning, LLC. RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 6RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 6 7/20/2018 10:06:45 AM7/20/2018 10:06:45 AM 240 Tejas Trail - PID# 2467-212-03-002 4 II. BACKGROUND Pitkin County Board of County Commissioners (BOCC) Resolution No. 143-2005 granted detailed Subdivision and Final Plat Approval to the Morrow/Wingo Junction Ranch Subdivision/PUD. These approvals provided for the creation of: (a) five (5) free- market, single-family residential lots; (b) two common parcels, with Common Parcel 1 to contain employee housing, agricultural buildings, and common uses, and Common Parcel 2 to contain trails and common recreational facilities; and (c) one tract for a limited use trailhead parking lot to be dedicated to Pitkin County Open Space. Also, the area north of the Alexis Arbaney Ditch, including the Basalt/Old Snowmass Trail, has been encumbered with a conservation easement, and all remaining historically irrigated pastures were placed in an agricultural preservation easement to be conveyed to and operated by the homeowners' association. Said BOCC Resolution also included a growth management exemption for development of single-family residences of up to 5,750 square feet of floor on two of the free-market residential lots, growth management exemption and special review approval to establish the five free-market residential lots as TDR receiver sites in order to accommodate up to 8,250 square feet of residential floor area on each lot (2,500 square feet of which would require use of a TDR and be utilized in below grade spaces), and growth management exemption and special review approvals to convert two existing residences into employee housing. Common Parcel 1 of the subdivision contained two employee housing units, as well as four historic cabins. One of the employee housing units is the ranch manager’s residence and was relocated in 2015 from a location that is now part of Lot 7. The other residence was in disrepair and deemed uninhabitable. It was demolished in the spring of 2011 and a payment-in-lieu was made to offset the loss of housing mitigation on-site. In 2008, the BOCC approved Resolution No. 51, which designated the historic cabins to the Pitkin County Historic Register in exchange for additional development rights on the ranch. Lots 2-5 were granted an additional 2,500 square feet of subgrade floor area development rights. This effectively eliminated the need for a TDR to reach the maximum allowable floor area of 8,250 square feet on these lots. Administrative Decision No. 40-2010 approved PUD Amendments and Plat Amendments that created some landscaping areas and officially changed the name from Wingo Junction Ranch Subdivision to Roaring Fork Meadows. The lot configurations, their designations, and floor area development rights were unchanged by this approval. In 2010, the First Amended 1041 Hazard Review Site Plan approved a “Building Envelope,” two “Landscape Envelopes,” a “Utility and Access Envelope,” and a “Disturbance and Accessory Envelope” for Lot 2. The vested rights associated with this approval have since expired. RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 7RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 7 7/20/2018 10:06:46 AM7/20/2018 10:06:46 AM 240 Tejas Trail - PID# 2467-212-03-002 5 In 2017, a Plat Amendment was recorded to provide a new access easement across Lot 2 for the benefit of Lot 7, pursuant to Administrative Decision No. 36-2017. This has no effect on the developable portion of Lot 2 and does not affect the growth management exemption of 5,750 square feet of above-grade floor area and 2,500 square feet below grade. III. PROPOSAL SUMMARY Roaring Fork Meadows LLC is the owner of a 7.054-acre subject property known as Lot 2 of the Roaring Fork Meadows Subdivision/PUD. The property owner is seeking to establish Activity Envelopes for the future residential development of the lot in the same location as the previously approved envelopes [see/compare Exhibit 1, Proposed Activity Envelope Plan and Exhibit 2, 1041 Plan recorded in Book 94, Page 42]. The property is located in Pitkin County’s AR-10 Zone District and lies outside of the Urban Growth Boundary (UGB) in Pitkin County’s designated Rural Area. Aside from changing the names from “Building Envelopes” to “Activity Envelopes” so as to match current Land Use Code terminology, the only real change from the old 1041 Site Plan to the proposed Activity Envelope Plan is a small extension of the envelope to encompass and accommodate access from Tejas Trail to the portion of the property where development of a residence has always been envisioned to occur in the future. No dimensional variations are requested in this application. The property is non- conforming in size (7.054 acres) for the AR-10 zone district but is within an approved PUD and conforms to the site-specific requirements of the PUD approval. The proposed building sites conform to the minimum required setbacks from the property lines as established in the PUD Guide [Exhibit 3d, page 25], which are as follows: 50 feet from the front property line (Tejas Trail), 30 feet from the side property lines, and 30 feet from the rear property line. RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 8RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 8 7/20/2018 10:06:52 AM7/20/2018 10:06:52 AM 240 Tejas Trail - PID# 2467-212-03-002 6 IV. REVIEW REQUIREMENTS The following applicable review standards of the Pitkin County Land Use Code are addressed in this section of the application: § 2-30-20(g)(2): Activity Envelope Criteria for Approval; § 7-10-50 and -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; § 7-20-60: Wildfire (Low); § 7-20-70: Wildlife Habitat; § 7-20-80: Rivers and Stream Corridors; and § 7-20-130: Landscaping and Vegetation Protection. ACTIVITY ENVELOPE (§ 2-30-20(g)(2) & 7-10-50 and -60) The applicant is seeking Activity Envelope approval for the eventual development of a permitted single-family home and customary accessory uses/structures (see Section III, Proposal Summary, above). An application for Site Plan Review will be submitted at a later date, as permitted under Code Sections 2-30-20(3) and 7-10-50(f). The applicant understands that prior to the issuance of a Development Permit, application for and approval of a Site Plan confirming that the proposed development is consistent with the defined Activity Envelope and with other standards of the Land Use Code will be required. The applicant is seeking to reestablish the same basic, site-specific parameters for the future development of the property as have been established on the past. Accordingly, the proposed Activity Envelope has been delineated to match the previously approved building envelopes and so as to avoid constrained areas and minimize impacts to the natural environment while providing for the health, safety and welfare of residents on and around the property. The entire site is free of known geologic hazards; it is not within or affected by any mapped and regulated wildlife habitats; and it does not include any historic preservation areas or archeological resource areas. The Low wildfire hazard rating is discussed below. After the Activity Envelope is approved and development plans completed, an application for Site Plan review will be submitted. Once the Site Plan has been approved, all applicable local, state and federal permits will be obtained prior to any clearing, grading, grubbing, or earthmoving that exceeds fifty cubic yards or changes the natural drainage of the site. Also, the natural grade, topography, vegetation and drainage of areas outside the defined Activity Envelope will not be disturbed, except as specifically permitted by RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 9RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 9 7/20/2018 10:07:02 AM7/20/2018 10:07:02 AM 240 Tejas Trail - PID# 2467-212-03-002 7 the Land Use Code and any associated approvals. Prior to any development activity on the parcel, the boundaries of the Activity Envelope will be identified with construction fencing, and such fencing will remain in place until a Certificate of Occupancy is issued. In general, this application involves enabling of future development with appropriate hazard mitigation, provided Site Plan Review approval is first obtained, while seeking to minimize impacts on surrounding properties, maximize compliance with the requirements of the development standards in Chapter 7 of the Code, and maximize compliance with the Comprehensive Plan goals and objectives. SITE PREPARATION AND GRADING (§7-20-10) The proposed Activity Envelope Plan is consistent with the requirements of §7-20-10. In accordance with §7-20-10(a), Grading and Fill Placement, all grading and fill placement shall take place within the defined Activity Envelopes and associated disturbance boundaries. Similarly, pursuant to §7-20-10(b), Clearing, Grubbing and Vegetation Removal, all clearing or grubbing of land, or removal of vegetation shall also take place within the approved Activity Envelopes. However, the removal of noxious weeds and wildfire mitigation requirements may occur outside of the Activity Envelopes, when required. Land Use Code §7-20-10(c) governs tree removal and mitigation. While no significant trees or vegetation are expected to be disturbed through construction within the proposed Activity Envelopes, the applicant understands that each tree with six inches or larger diameter at breast height (D.B.H.) that is removed shall be replaced with one or more trees with total D.B.H. at least equal to the caliper(s) of the tree(s) removed, unless the tree(s) are diseased, or required to be removed pursuant to the provisions of §7-20-60. All revegetation shall comply with the Pitkin County Revegetation Guidelines. The applicant will exercise care in protecting the natural terrain and natural features of the landscape with the Activity Envelope, per §7-20-10(d). There are no streams on or affected by the subject parcel. Prior to any development taking place on Lot 2, a Site Plan Review approval will ensure minimal disturbance to natural vegetation and soil cover, adequately designed cuts and fills to control erosion and control slope stability, and preservation of natural drainage patterns. STEEP AND POTENTIALLY UNSTABLE SLOPES (§7-20-20) The entire property very gradually slopes downward from north to south and does not include any natural slopes greater than 30 percent. The multi-use Basalt-Old Snowmass Trail and the Alexis Arbaney Ditch both run along the northeastern property line at the top of the site and the development of these features created a steeper slope on their downhill sides, however this is a man-made anomaly and shows no signs of instability. RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 10RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 10 7/20/2018 10:07:12 AM7/20/2018 10:07:12 AM 240 Tejas Trail - PID# 2467-212-03-002 8 Furthermore, the proposed Activity Envelope avoids these slopes, allowing only appropriate landscaping (subject to a subsequent Site Plan Review) along the ditch. Similarly, the slopes along the banks of the manmade pond might approach or even exceed 30 percent but these, too, are anomalous, manmade slopes and the only thing accommodated along these slopes is landscaping. No natural slopes exceeding 30 percent are included anywhere in the proposed Activity Envelopes. WATER COURSES AND DRAINAGE (§7-20-30) The site maintains well-established vegetation and ground cover. The eventual redevelopment will be designed to allow for positive drainage away from the structures, as required by applicable Codes. Per Land Use Code Section 7-20-30, maintenance of historical flow patterns and runoff amounts will be maintained. The redevelopment of the site will not encroach on any mapped watercourse or existing, natural water feature. With regard to this Activity Envelope Plan application, existing drainage on the site will remain unaffected, as no development is currently proposed and a Site Plan Review will need to be approved prior to any new development occurring. Surface drainage is currently unimpeded throughout the site and new no low points will be created obstructing natural flow. A drainage and stormwater management plan will be prepared by a licensed engineer and submitted with the building permit application. No encroachment or channeling activities in any water features are intended. The plan will maintain historical drainage patterns and runoff amounts, will have no effect on groundwater or disturb irrigation areas, and it will not adversely affect the exercise of any existing and decreed irrigation water right. Flood irrigation is not and will not be practiced on the subject property. Basements, if any, will be placed in locations where or will be otherwise mitigated such that they will not be impacted by seepage from irrigation ditches. Sedimentation controls will be implemented before and throughout development, and there will be no direct run-off into any water body, wetlands, or riparian area. Finally, use and development of the property will comply with all state and federal statutes and regulations concerning the protection and enhancement of water quality, and will be consistent with maintenance of the Stream Classifications for the Roaring Fork River watershed, as identified in Section 208 of the Roaring Fork Watershed Management Plan, while emphasizing efficient use of water. This development shall not result in the introduction of any contaminants to groundwater, or interfere with any recharge area or aquifer. No building will be constructed immediately downhill of a ditch unless such ditch is placed in a culvert, lined, or otherwise treated to avoid leakage of water downhill towards the building. The Construction Management Plan submitted with RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 11RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 11 7/20/2018 10:07:30 AM7/20/2018 10:07:30 AM 240 Tejas Trail - PID# 2467-212-03-002 9 the building permit application will detail how sedimentation and erosion will be controlled during and after construction. WILDFIRE HAZARDS (§7-20-60) The entire site is mapped as Low Wildfire Hazard as shown on the Pitkin County Wildfire Maps (see below). Figure 2 – Wildfire Hazard Map, Lot 2 of RFM The topography has very gentle slopes with limited wildfire fuels. The existing vegetation at the northeastern property line is fairly dense and could present wildfire danger from the slopes above the site. This area is not included in the proposed Activity Envelope and a safe, defensible distance from this vegetation will be maintained for any future improvements on the site. In addition, the Basalt/Old Snowmass trail and the Alexis-Arbaney Ditch provide something of break between the higher wildfire hazard areas and the proposed Activity Envelopes. Despite the low hazard, all applicable and pertinent County and Fire District standards will be followed. Per the typical County development standards, a 10-foot buffer zone of defensible space should be established around the structures. This may include the removal of existing standing dead and deadfall trees, limiting the height of grasses, and the use of non-combustible hardscape materials, as applicable. Additionally, as in all areas of Pitkin County, the roof will be constructed of a Class-A assembly and RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 12RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 12 7/20/2018 10:07:44 AM7/20/2018 10:07:44 AM 240 Tejas Trail - PID# 2467-212-03-002 10 appropriate long-term maintenance measures will be employed. Standard conditions of approval for development in a Low wildfire hazard area are anticipated. WILDLIFE HABITAT GENERAL STANDARDS (§7-20-70(C)) Per the Colorado Parks and Wildlife mapping there are no significant wildlife habitats on or near the property. Severe Winter Range for both elk and mule deer are each mapped within ¼-mile of the proposed building sites, but entirely outside the property boundaries (above the Basalt-Old Snowmass Trail in an area that is part of the previously dedicated Conservation Easement). Despite the lack of mapped wildlife habitats on the property, the applicant will comply with the general standards for development in wildlife habitat areas. However, the scope of this project is expected to have little or no impact on potential habitat, migration corridors, or native vegetation as the proposed buildings are well within the existing zones of influence of the existing development in the vicinity. Indeed, the subdivision within which the subject property is located was reviewed and approved after full consideration of proximate habitats and appropriate conditions are included with the Roaring Fork Meadows Subdivision/PUD Development Agreement. RIVER AND STREAM CORRIDORS AND WETLANDS (§7-20-80) There are no rivers, stream corridors, blue line streams, or regulated wetlands within 100- feet of the subject lot. The proposed Activity Envelope more than adequately avoids all such features. LANDSCAPING AND VEGETATION PROTECTION (§7-20-130) Development of the site will comply with Pitkin County Landscape Guidelines and Land Use Code §7-20-130. To the extent necessary, a detailed Landscape Plan will be submitted with the Site Plan Review and/or building permit applications. The natural vegetation existing on the site will be preserved to the greatest extent practicable while accommodating the structure permitted on the lot and in the Subdivision. No new berms are planned for the property. Should any berms prove necessary, such berms will conform to County standards and regulations and will not create drainage or erosion problems. No berm shall be greater than 4’ above existing grade or have a slope greater than 4:1. Landscaping is not planned, and will not be installed, in such a way as to mark or enclose the parcel. Plantings and earthwork will neither impede drivers’ sightlines along any roadway, nor will landscaping interfere with utility lines or pipes. Care will be taken to avoid any conflict with utility service lines. The applicant is unaware of any reason the County would require financial security in this case. Landscaping will be installed per the plan to be submitted with the building RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 13RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 13 7/20/2018 10:07:58 AM7/20/2018 10:07:58 AM 240 Tejas Trail - PID# 2467-212-03-002 11 permit application and will only serve to supplement the natural landscape and vegetation already existing on the site. All landscaping will be maintained in a reasonable and responsible fashion so as not to detract from the neighborhood or greater community. V. CONCLUSION Based on the full conformance with the applicable Land Use Code sections, as demonstrated throughout this application, and with applicable previous approvals for the Roaring Fork Meadows Subdivision/PUD, the applicant requests approval of the Activity Envelope Plan as proposed. Prior to any future development activity, a Site Plan demonstrating how the improvements will be contained within the currently-proposed Activity Envelope must be approved by Pitkin County. RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 14RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 14 7/20/2018 10:08:25 AM7/20/2018 10:08:25 AM 240 Tejas Trail - PID# 2467-212-03-002 12 EXHIBITS 1) Proposed Activity Envelope Plan for Lot 2, Roaring Fork Meadows Subdivision/P.U.D. 2) First Amended 1041 Hazard Review Site Plan for Lot 2, Roaring Fork Meadows Subdivision/PUD (Book 94, Page 42) 3) Prior Approvals: a) BOCC Resolution No. 143-2005 b) BOCC Resolution No. 051-2008 c) Administrative Decision No. 40-2010 d) Reception No. 605667 Amended & Restated Roaring Fork Meadows Subdivision/PUD Guide 4) Vicinity Map 5) Ownership Information 6) Owner’s Letter of Consent 7) Signed Fee Agreement 8) List of Neighbors within 300’ of Property 9) Pre-Application Summary RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 15RFM Lot 2 Site Plan App w Exhibits (Complete) (1).pdf 15 7/20/2018 10:08:32 AM7/20/2018 10:08:32 AM PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on December 11, 2019, the Pitkin County Community Development Director granted approval for the Roaring Fork Meadows LLC Activity Envelope Review (Case P056-18; Decision #079-2019). The property is located at 240 Tejas Tail and is legally described as Lot 2, Roaring Fork Meadows Subdivision. The State Parcel Identification Number for the property is 2467- 212-03-002. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly, on DECEMBER 26, 2019. PUBLIC NOTICE RE: Roaring Fork Meadows LLC Activity Envelope Review (Case P056-18) NOTICE IS HEREBY GIVEN that an application has been submitted by Roaring Fork Meadows LLC (55Waugh Drive #1111, Houston, TX 77007) requesting Activity Envelope Review approval for development of a future single-family residence and associated improvements. The property is located at 240 Tejas Tail and is legally described as Lot 2, Roaring Fork Meadows Subdivision. The State Parcel Identification Number for the property is 2467-212-03-002. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. Comments or objections are due by October 1, 2018. For further information, contact Tami Kochen at (970) 920-5359. Published in the Aspen Times Weekly on August 30, 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, 130 South Galena Street, Aspen, Colorado 81611, by October 1 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. http://pitkincounty.com/DocumentCenter/View/16793 County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-100 1,4 (20 t 1,14-4 s r vl �WJ fAnJ PJAR14 14 , being or representing an Applicant to the Pitkin County Development Department, persorYlly certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public comment deadline to all owners of property within 300' of the subject property, as indicated on the attached list, on, 201 g(which is 30 days prior to the deadline ofOCk6el 201_&. The names anda dresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the21 K 2018, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. RDar i n c 4;;� 'J I G C tr � Applice Si na (Attach photograph here) BARBARA J. D'AUTRECHY Notary Public State of Colorado Notary ID # 20074042687 My Commission Expires 06-11-2021 k Signed before me this L day ofm r 201�by -\cyst Jo-cp'cso n WITNESS MY HAND AND OFFICIAL SEAL My commission expires: (P 0- -102-\ —Notary Public otary Public's Signature 1:\county/planning\adn indecision\adminibnnslaflidavit for Activity Envelope/Site PlaNCaretaker Dwelling Unit PUBLIC NOTICE RE: Roaring Fork Meadows LLC Activity Envelope Review (Case P056-18) NOTICE IS HEREBY GIVEN that an application has been submitted by Roaring Fork Meadows LLC (55Waugh Drive #1111, Houston, TX 77007) requesting Activity Envelope Review approval for development of a future single-family residence and associated improvements. The property is located at 240 Tejas Tail and is legally described as Lot 2, Roaring Fork Meadows Subdivision. The State Parcel Identification Number for the property is 2467-212-03-002. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. Comments or objections are due by October 1, 2018. For further information, contact Tami Koehen at (970) 920-5359. Published in the Aspen Times Weekly on August 30, 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, 130 South Galena Street, Aspen, Colorado 81611, by October 1 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. http://p itkincounty. coin/D ocwne ntCenter/View/ 16793 Pitkin County Mailing List of 300 Feet Radius From Parcel: 246721203002 on 08/24/2018 �PTKIN COUNT Instructions: q�4-6( Afos This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. htti)://www.nitkinmapsandmore.com JONTES VIRGINIA B REV TRUST 78 BILTMORE ESTATE PHOENIX, AZ 85016 RFM LOT 3 HOLDINGS LLC 2039 TONDOLEA LN LA CANADA FLINTRIDGE, CA 91011 ROA NG FORK MEADOWS LLC 55 WA GH DR #1111 HOUST ,TX 77007 RO RING FORK MEADOWS LLC 55 W UGH DR #1111 NOUS N, TX 77007 LANDERS FAMILY PROP LLC 9912 E MIRAMONTE DR SCOTTSDALE, AZ 85262 BUREAU OF LAND MANAGEMENT US DEPT OF INTERIOR COLO OFFICE 2850 YOUNGFIELD ST LAKEWOOD, CO 80215-7076 inv,dl Y,1 rid Ms�.X' �i ,1 io Ids «� 6�}'M �''Y'S,►r i'� "'11 �, p; Kv�pl ['! ft Yr r 1 � ,; - ,� .t r a} A �� E.'t N�.�;�r2!�'4 �r f1[['•+ ° 'rikf x, hi iYB+ fit` r� ��,1•.s4 ��e '` Y r +,' •.y' r sXQ� j ; Y ' Aj• W- ... ....... .. EJAS c LPU13LIC NOTICE—kR a PURPOSE !'.ZI. "' .. 10ul— XJ L I �� °°�a� T•T T,W���T7 � T � :'e r� PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 August 10, 2018 Mitch Haas 420 East Main Street, Suite #220 Aspen, CO 81611 mitch@hlpaspen.com Re: Roaring Fork Meadows LLC Activity Envelope Review (PID #2467-212-03-002; Case # P056-18) Dear Mr. Haas: 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 August 30, 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 1st day of October, 2018. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2. Please note that it is you responsibility to post a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 14th day of September, 2018, which is at least fifteen (15) days prior to September 30, 2018. This must be submitted prior to any approvals being granted. If you have questions, please call Tami Kochen, the planner assigned to your case, at 920-5359. Sincerely, Bonnie Shiles Administrative Assistant Encl: Affidavit Code Section 2-20-100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Attorney Colorado Parks and Wildlife Planning Engineer Zoning Officer Basalt Fire Protection District FROM: Tami Kochen, Community Development Department Tami.kochen@pitkincounty.com Re: Roaring Fork Meadows LLC Activity Envelope Review (PID 2467-212-03-002; Case P056-18) DATE: August 5, 2018 Attached for your review and comments are materials for an application submitted by Roaring Fork Meadows LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, September 28, 2018. http://pitkincounty.com/DocumentCenter/View/16797 If you require a paper copy of this application contact Bonnie Shiles at bonnie.shiles@pitkincounty.com or 920-5109. Thank you. A) %T"11% cou r v% Re: Roaring Fork Meadows - Lot 2 AE 1 message Tesch - DNR, Kurtis <kurtis,tesch@state.co.us> To: Tami Kochen <tami.kochen@pitkincounty.com> Tami Tami Kochen <tami.kochen@pitkincounty.coma Thu, Dec 5, 2019 at 11:38 AM After meeting with Johnathan on site and discussing the current conditions of the surrounding parcels I agree with his assessment. Given the trail on the Northeastern boundary that allows dogs there is no reason to restrict dogs on this parcel. Also by placing the kennel on the SE side of the house it allows the house to be utilized as screening between a potential dog and wildlife. Installing a visual screening consisting of conifer and deciduous trees on the Northeastern boundary will limit the effects on wildlife and therefore reduce the concerns as it relates to Elk and Mule Deer severe winter range. Both properties on either side of this parcel have the houses pretty close to the toe of the slope, therefore allowing this house to be built essentially in line with those won't have and adverse effects on the wildlife in that area. if it was a new subdivision with no previous effects I would have a different response. Hope this clears it up if you have any other questions don't hesitate to reach out. Thanks Ku rt On Wed, Dec 4, 2019 at 4:54 PM Tami Kochen <tami,kochen@pitkincounty.com> wrote: Hi Kurtis, We are still working on processing an Activity Envelope approval for Lot 2 in the Roaring Fork Meadows Subdivision. You had previously provided comments and as such they were incorporated into the attached draft Administrative Decision approval. The applicant has since engaged ]ohnathan Lowsky to study the parcel who has provided a report (attached below as well). Could you take a look at the report and let me know if you have any new or different comments you'd like to provide? Thanks! Tami Kochen LEED AP BD+C Pitkin County Community Development Planner 970.920.5359 - tami.kochen@pitkincoiinty.com ---------- Forwarded message --------- From: Mitch Haas <mitch�,7a hlpaspen.com> Date: Wed, Dec 4, 2019 at 9:13 AM Subject: Roaring Fork Meadows - Lot 2 AE To: Tami Kochen <tami.kochen@pitkincounty.com> Cc: Jonathan Lowsky<jonathan@coloradowildlifescience.com> Hi Tami. Thanks for your patience and willingness to wait on finalizing the Roaring Fork Meadows Lot 2 Activity Envelope Decision, My client did hire Jonathan Lowsky of Colorado Wildlife Science to follow-up with Kurtis Tesch and the wildlife concerns, and that work has now ben completed. Jonathan prepared the attached report/letter which summarizes his findings and conclusions, all of which he has coordinated with Kurtis. I have Jonathan copied on this email to keep him in the loop and in case you have any questions of him. J04Q)COLQRADQ WILDLIFE SCIENCE Ec070g 1 Reinwc rh. MM1 gement d conwltmd December 3, 2019 VIA EMAIL: mitch(@htpaspen.com Mitch Haas Haas Land Planning 420 E Main Street, Suite 220 Aspen, CO 81511 RE: Lot 2, Roaring Fork Meadows Dear Mitch, Per your request, 1 conducted an assessment of Lot 2, Roaring Fork Meadows (the property) to determine whether development of the activity envelope would have any negative effects on important wildlife habitat. The property encompasses an area dominated by irrigated meadows at the toe of the steep southwestern facing slopes of the Fryingpan-Roaring Fork divide. The Basalt — Old Snowmass Trail and the Alexis Arbaney ditch parallel the northeastern boundary of the property. This assessment is based on: (1) An October 30, 2019 reconnaissance of the property and its environs; (2) A detailed evaluation of the mapped and potential wildlife habitat on and within proximity to the property; (3) A review of current Colorado Parks & Wildlife (CPW) Species Activity Mapping (SAM) (Colorado Parks & Wildlife 2019); (4) Consultation with Kurtis Tesch, CPW District Wildlife Manager; and (S) my 21 years of experience studying wildlife and their habitat in Pitkin County and western Colorado. The CPW SAM data classifies the slopes to the east of the property as mule deer and Rocky Mountain elk winter range Photo 1. The property with the trail at the easrem boundary and slopes and severe winter range. This use is of the Fryingpan - Roaring Fork divide. supported by field observations. The area just east of the property is laced with active game trails, mule deer and elk pellets, and browse on preferred forage shrubs such as Garn bel oak and Saskatoon serviceberry is moderate to heavy. On November 6, 20191 met with Mr. Tesch at the property. We walked the activity envelope and northeastern boundary of the property, and discussed the wildlife use of the property and surrounding area, residential development on adjacent lots, effects of the Basalt -Old Snowmass Trail, location and extent of the mapped and field verified mule deer and elk severe winter range, and the potential effects of the proposed development on Lot 2. We concurred that: osoo Elk Run Drive, Suite :28 • Basalt, CO 8:6zi • 970.927.4549 • info@coloradowildlifescience.com • www. coloradowildlifescience.cotn Wildlife Assessment Lot 2, Roaring Fork Meadows December 2, 2019 Page 2 1. The lot is within an existing subdivision with existing and occupied residences on Lots 1 and 3 to the northwest and southeast of the property. As such, construction and occupancy of Lot 2 will not result in any new disturbance effects or substantially expand the zone of influence into undisturbed wildlife habitat. 2. The location and extent of the suitable and active elk and mule deer severe winter range is above (northeast of) the Basalt — Old Snowmass Trail and that the mapping for the elk severe winter range is more accurate than the mapping for mule deer. The mapping indicates deer severe winter range beginning at the toe of the slope but given the trail and existing development, the effective severe winter range begins further up the slope. 3. Given the existing development and the trail, the buffers as described in §70-20-70(d)(6) for deer and elk severe winter range are not appropriate for this property. 4. Since dogs are allowed on the trail throughout the year and there are no dog prohibitions on the adjacent lots, dogs should be allowed on the property with a kennel restriction as described in §7-20-70(e)(2). The kennel (i.e., fenced yard) should be within 50 feet of the residential building and should also be placed on the southeast side of the structure such that the house serves as a visual screen between the kennel and the wildlife habitat above the trail. 5. Dogs leashed under human supervision when outside the required kennel. 6. In order to reduce potential effects of residential development on the property and reduce the resulting zone of influence, a visual screen should be installed and maintained along the northeastern portion of the property below the ditch. This screen should consist of a mix of conifer trees (e.g., blue spruce) and deciduous trees (e.g., quaking aspen or narrowleaf cottonwoods) according to a landscaping plan to be approved by CPW and installed prior to issuance of a certificate of occupancy. 7. Per Section 7-20-70(g)(1) no outdoor construction shall be permitted from December 1" through March 3151. Thank you for this opportunity to comment on this property, and please feel free to contact me if you have any questions. Sincerely, COLORADO WILDLIFE SCIENCE, LLC ono hon L sky, M�5— a i l life Biologist I itorature Cited Colorado Parks & Wildlife. 2019. CPW All Species Activity Mapping Data. Available online at htt www.arc is.com home rou .html?owner=rsacco&title=Colorado°/`20Parks°/o20and°/o2OWildlife%2 0-%205 ecies%2OActivit %2OData. Colorado Parks & Wildlife, Fort Collins, CO. a Wildlife Assessment Lot 2, Roaring Fork Meadows December 2, 2019 Page 3 BACKGROUND & QUALIFICATIONS Colorado Wildlife Science, LLC (CWS) is a small wildlife and ecological consulting firm based in Basalt, Colorado, specializing in wildlife research, management, and monitoring, ecological assessments, wildfire hazard assessments, baseline inventories, ecological planning, habitat management, and ecological restoration. CWS applies a scientifically sound approach to biological resource studies and management. Our work combines professional integrity and strong academic training with extensive experience working for government, private, and non-profit clients. With an extensive network of professional collaborators that includes plant ecologists, foresters, hydrologists, and soil scientists, CWS leverages the collective knowledge of experienced professionals working toward practical, effective and cost saving solutions. CWS provides expert services to a diverse array of clients. Since we are a small company, personal attention is ensured. We combine full in-house GIS (ArcGIS) with real-time, sub -meter GPS to provide state-of-the-art spatial data, analyses, maps, and presentations. Owner and Wildlife Biologist Jonathan Lowsky, M.S. Wildlife Biology, Colorado State University, has a broad range of knowledge. With more than 25 years of professional experience with federal (US Forest Service), state (Colorado Division of Wildlife), and county agencies as well as two major universities (Colorado State University and University of Washington), Jonathan's career has focused on a diverse array of wildlife. Mr. Lowsky's experience includes biological assessments and evaluations for NEPA compliance, conservation planning, GIS mapping and modeling, wildlife research, and ecological monitoring design and implementation, as well as wetland and riparian delineations, evaluations, and restoration. He has authored management plans and conservation easement baseline inventory reports and published scientific papers. Jonathan has been directly involved in fire mitigation since 1995 when he directed ponderosa pine fuel reduction, thinning, and habitat improvement efforts on the North Kaibab Ranger District of the Kaibab National Forest. Over the course of 25 years as a professional ecologist he has gained intimate knowledge of ecosystem processes in western Colorado that lead to increased fuel loads, over -mature forest and shrublands, and measures that can be taken to reduce the threat and intensity of wildfires. In addition, I am experienced in mechanical treatments of forest, woodland, and shrubland for the purpose of wildfire mitigation and habitat improvement. Mr. Lowsky strongly believes that these two resource goals are mutually beneficial and measures that prioritize either wildfire mitigation or habitat improvement should consider both goals in the design and implementation of those actions. Mr. Lowsky is certified to conduct Wildland Fire Assessments by: Pitkin County; the Wildland Fire Assessment Program - The Wildland Fire Assessment Program (WFAP) is a joint effort by the U.S. Forest Service and the National Volunteer Fire Council (NVFC) to provide fire professionals and departments with training on how to properly conduct assessments for homes located in the wildiand/urban interface (WUI); and the National Fire Protection Association (NFPA) FIREWISE -This is a course forfire and forestry professionals and others who want to help residents of areas at risk from wildfire to make their homes safer. A detailed description of Mr. Lowsky's professional experience and references are available. For additional information, please visit aur website at www.coloradowildIifescience.com. �%JrKI t Cou ry ir,V Tami Kochen <tami.kochen@pitkincounty.com> Re: Lot 2, Roaring Fork Meadows Subdivision Land Use Application 1 message Tesch - DNR, Kurtis <kur- is.tesch@state.co.us> To: Tami Kochen <tami.kochen@pitkincounty.com> Cc: "Yamashita - DNR, Matt' <matt.yamashita@state.co.us> Tami Thanks for reaching out, 1 apologize for the delay in response hopefully it is in time. Wed, Jul 31, 2019 at 2:28 PM CPW would like to recommend an addition to the administrative decision. Due to the location of this project being within Mule Deer Severe Winter Range and within 114 mile from Elk Severe Winter Range CPW recommends that the construction timing restrictions be applied from Dec. 1 - March 31. On Thu, Jun 27, 2019 at 2:49 PM Tami Kochen <ami.kochen@pitkincounty.com> wrote: Hi Kurtis and Matt, I am wrapping up a review for an Activity Envelope on Lot 2, Roaring Fork Meadows Subdivision/PUD. The CPW maps indicate that the northern 114 of the lot is within Mule Deer Severe Winter Range and I have therefore drafted an approval with findings and conditions following the code standards for that type of habitat (See attached draft decision, and highlighted sections). Here is a link to the application: https:lJpitkincounty.comlDocumentCenterNiew116797JP056_18_app? bid Id= Please let me know if CPW has any comments/ recommendations regarding the application and the findings and conditions drafted in the Administrative Decision. Thanks, Tami Kochen LEER AP BD+C Pitkin County Community Development Planner 970.920.5359 - tami.korhen@pitkinwunty.com Kurtis Tesch District Wildlife Manager - Area 8 Law Enforcement and Public Safety LIVEIFE OUTSIDE C 970-948-1662 oo88 Wildlife Way, Glenwood Springs, CO 81601 kurtis.tesch@state.co.us } www.cpw.state.co.us '01r..AIv cov tv -r' ' Tami Kochen <tami.kochen@pitkincounty. com> Re: Lot 2, Roaring Fork Meadows Subdivision Land Use Application 1 message Yamashita - DNR, Matt <matt,yamashita@state.Co. us> To: tami.kochen@pitkincounty.com Mon, Jul 1, 2019 at 4:31 PM Tami, Thank you for following up on this application. The conditions included in the administrative decision compliment the comments CPW has provided to help minimize impacts to wildlife. CPW has no further comments or recommendations at this point. Matt On Sat, Jun 29, 2019 at 4:39 PM Yamashita - DNR, Matt <matt.yamashita@state.co.us> wrote: ---------- Forwarded message --------- From: Tami Kochen <tami.kochen@pitkincounty.com> Date: Thu, Jun 27, 2019 at 2:49 PM Subject: Lot 2, Roaring Fork Meadows Subdivision Land Use Application To: Yamashita - DNR, Matt <matt.yamashita@state.co.us> Cc: Kurtis Tesch - DNR <kurtis.tesch@state.co.us> Hi Kurtis and Matt, I am wrapping up a review for an Activity Envelope on Lot 2, Roaring Fork Meadows SubdivisionIPUD. The CPW maps indicate that the northern 114 of the lot is within Mule Deer Severe Winter Range and I have therefore drafted an approval with findings and conditions following the code standards for that type of habitat (See attached draft decision, and highlighted sections). Here is a link to the application: https:/Ip itkincou nty. comlDocu me ntCe nterNi ew! 16797/P056_18_a pp? bid I d= Please let me know if CPW has any comments/ recommendations regarding the application and the findings and conditions drafted in the Administrative Decision. Thanks, Tami Kochen LEE❑ AP SD+C 'Pitkin County Community Development Planner 970.920.5359 - tami.kochen@pitkincounty.com Matt Yamashita Area Wildlife Manager M OUTSIDE P 970.947.2931 I F 970.947.2936 I C 970.989.8617 0088 Wildlife Way, Glenwood Springs, CO 81601 matt.yamashita@state.co.us I cpw.state.co.us PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM To: Tami Kochen FROM: Catherine Christoff, Planning Engineer Re: Case 056 —18 - Roaring Fork Meadows LLC Activity Envelope Review DATE: September 17, 2018 After reviewing the application, I propose the following conditions: • The applicant shall supply a drainage and erosion control plan and accompanying drainage report demonstrating that historical flow patterns and runoff amounts will be maintained. If the development disturbs one acre or more, a Colorado Department of Public Health and Environment permit for stormwater discharges associated with construction activities shall be applied for and obtained prior to issuance of a building permit. ■ The applicant should provide documentation of adequate water rights for the proposed development. ■ The applicant shall demonstrate that the Alexis Arbaney Ditch, or any other ditches located above the proposed development, has been or will be placed in a culvert, lined, or otherwise treated to avoid leakage of water downhill towards the proposed development. • The applicant shall provide adequate engineering of any retaining wails over four (4) feet 1n height and/or any improvements to walls over four (4) feet in height. All retaining walls shall be a maximum of seven (7) feet tall. • The applicant shall submit an Access Permit for the proposed new and/or improved access. The application shall include: • Compliance with the current Road Maintenance and Management Plan, Engineering of all bridges and/or culvert crossings, • Compliance with all requirements of the Fire Department, and • Details on all turn arounds and parking locations. i:lcomdevlengineeringlplanning cases12018.9.28 roaring fork meadows llclrfm memo echristoff.doex Permit Receipt Date:Name: Project Address: 7/20/2018 Permit Number Fee Description Amount checkType:# 3085 RECEIPT NUMBER 00044534 240 TEJAS TRL ROARING FORK MEADOWS LLC PITKIN COUNTY COMMUNITY DEVELOPMENT 0056.2018.PLAN PP- Flat Fee 3,250.00 0056.2018.PLAN PP- Public Notice Fee 54.00 0056.2018.PLAN PP- Planning Eng Referral Fee 624.00 3,928.00Total: