HomeMy WebLinkAbout20061011fifield
MEMORANDUM
TO:
Board of County Commissioners
Regular Meeting - October II, 2006
--11'~"C\(
Cindy Houbel\,"'l:o~~unity Development Director
THRU:
FROM:
Suzanne Wolff, Senior Planner"
RE:
Fifield Subdivision Conceptual Submission, 1041 Hazard Review, Scenic
OverlayfRidgeline Review, Special Review and GMQS Exemption - First Reading and
Public Hearing.
REQUEST: The Applicant is requesting to subdivide the property into 2 lots: one containing the existing
residence (Lot I) and a second undeveloped lot (Lot 2). The following approvals are requested and
required:
=> 1041 Hazard Review and Conceptual Submission to establish a building envelope on Lot 2 and to add
access and landscape envelopes on Lot] ;
=> Conceptual Subdivision;
=> GMQS Exemption and Special Review to establish Lot 2 as a TOR receiver site to accommodate up to
15,000 square feet of floor area.
=> GMQS Exemption and Special Review for a caretaker dwelling unit on Lot 2.
The Planning Commission recommended approval on July 18, 2006 by a vote of 3-1. The staff memo to the
Commission, which fully addresses the review criteria, and the minutes from the meeting are attached for
reference. Only specific issues raised by staff, the Planning Commission or the Applicant are addressed
below,
APPLICANT: James and Betsy Fifield
REPRESENTATIVE: Glenn Horn
LOCATION: 350 Eagle Park Drive, off of West Buttermilk Road; referred to as "Pfister Meadows";
surrounded by Eagle Pines Subdivision
ZONING: The property is zoned AFR-I 0 and contains 26.8 acres.
ISSUES:
Waler: The Applicant originally represented, based on conversations with the City of Aspen Utilities
Director and Attorney that water would be provided to Lot 2 by the City of Aspen. However, the City later
stated that water could not be provided unless a storage tank was installed (as required for water service to
Eagle Pines, but never installed) and the pump system was improved. The Applicant approached the
Buttermilk Metropolitan District to obtain water. The District has stated that Lot 2 is within the boundaries
of the District and is eligible for water service (letter attached). Staff finds that this is adequate to establish
an adequate water supply for Lot 2.
Ridgeline Review: The property is within a mapped ridgeline review area. The Applicant asserts that the
envelope is in the best location to minimize the visual impact, as development within the large, open
meadow on the site would have greater impact. The Applicant asserts that while development within the
proposed building envelope on Lot 2 may break the ridgeline, the neighboring homes and existing
conifers will screen the development as seen from Highway 82. Staff did an initial site visit with the
applicant and agrees that there is considerable screening, but was not able to confirm that a residence
would not break the ridgeline. The Applicant commits to ensure that the ridgeline is not broken; staff
recommends that a more detailed study utilizing height poles occur at Detailed Submission, at which time
it can be determined if any height restrictions are necessary to ensure that the ridgeline is not broken.
The Planning Commission discussed the ridgeline issue and supported staffs recommendation, but noted
that breaking of the ridgeline should be determined without regard to any vegetation that might screen
any encroachment above the ridgeline.
RECOMMENDATION: Staff and the Planning Commission recommend that the BOCC adopt a
"motion to approve the Fifield Subdivision Conceptual Submission, 104] Hazard Review, Scenic
Overlay/Ridgeline Review, Special Review and GMQS Exemption on first reading and set for second
reading on October 25, subject to the attached Resolution.
ATTACHMENTS
A. Letter from Buttermilk Metropolitan District
B. Planning Commission Minutes of7/18/06
C. Staff memo to Planning Commission dated 7/18/06
Application and Site Plan provided separately
. Ms Wolff IS a profeSSional planner With a Bachelor s degree In Urban Sludles from Ihe Umvers1\y ofPennsylvama and IS a member orthe American Instnule of Certified Planners ,Ms Wolff
has worked for the AspefllPllkln County Commur!lly Development Department for 14 year!;, and as a PlannerfSenlor Planner wnhm that department for 10v., years In her planmng poslllon, Ms
Wolff has reviewed numerous land use applications pursuant 10 the Pitkin County Land Use Code
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE FIFIELD SUBDIVISION CONCEPTUAL SUBMISSION, 1041
HAZARD REVIEW, SCENIC OVERLAYIRIDGELINE REVIEW, SPECIAL REVIEW AND
GMQS EXEMPTION
Resolution No, _-2006
RECITALS
1. James and Betsy Fifield ("Applicant") have applied to the Board of County Commissioners ("BOCC") to
subdivide the property into 2 lots: one containing the existing residence (Lot I) and a second
undeveloped lot (Lot 2). The following approvals are requested and required:
A. ] 04] Hazard Review and Conceptual Submission to establish a building envelope on Lot 2 and to
add access and landscape envelopes on Lot I;
B. Conceptual Subdivision;
C. GMQS Exemption and Special Review to establish Lot 2 as a TOR receiver site to accommodate up
to 15,000 square feet of floor area.
D. GMQS Exemption and Special Review for a caretaker dwelling unit on Lot 2.
2. The property is located at 350 Eagle Park Drive, off of West Buttermilk Road, and is surrounded by the
Eagle Pines Subdivision. The property is referred to as "Pfister Meadows," and is more specifically
described in Exhibit A.
3. The property is zoned AFR-IO and contains 26.8 acres.
4. The building envelope on Lot 1 was originally approved in 1990 and subsequently amended, with the
second amended 1041 site plan recorded in Plat Book 31 at Page 83. The BOCC denied a request to
exceed] 5,000 square feet, pursuant to Resolution No. 93-129. The subject property is currently
improved with a 15,000 square foot residence that was constructed in 1993.
5. The Planning and Zoning Commission considered the application on July 18,2006, and recommended
approval by a vote of 3-1.
6. The Board of County Commissioners considered this application at a duly noticed public hearing on
October II, 2006, and at a regular meeting on , 2006, at which times evidence and
testimony were presented with respect to this application.
7. The BOCC finds that the application is generally consistent with the applicable provisions of the Pitkin
County Land Use Code.
NOW THEREFORE BE IT RESOLVED by the BOCC that it does hereby approve the Fifield
Subdivision Conceptual Submission, 1041 hazard review, scenic overlay/ridgeline review, special review and
GMQS exemption, subject to the following conditions, which shall run with the land and be binding on all
successors in interest.
1. With the Detailed Submission/Final Plat application, the Applicant shall:
A. Submit documentation to demonstrate that development within the building envelope will not break
the ridgeline as seen from Highway 82, eitller by limiting/revising the location of the envelope or by
restricting the height of structures within a portion of the envelope.
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B. Provide draft Protective Covenants.
C. Submit will serve letters from utility companies.
2. Prior to building permit application for Lot 2, the Applicant shall submit executed Irrevocable
Certificate(s) of TORs to allow up to 15,000 square feet of floor area on the lot and a copy of the deed
evidencing conveyance of the Certificate to the Applicant (if applicable). The TOR for the initial
development right of 5,750 square feet of floor area is restricted to preservation sites in the Fryingpan
or Crystal Areas; the TORs for additional floor area in excess of5,750 and up to 15,000 square feet of
floor area may come from any preservation sites in the County.
3. Prior to issuance of a building permit for the residence on Lot 2, the Applicant shall:
A. Obtain a fireplace/wood stove penn it from the Community Development Department, if applicable.
B. Submit a drainage and erosion control plan for review and approval by the County Engineer.
C. Obtain a driveway/access permit, which shall be approved by the County Engineer and the Aspen
F ire Marshal.
D. Obtain an ISDS permit from the Environmental Health Department. The system must be designed
by a registered professional engineer, shall be located within the building or development envelopes,
and must comply with the setback requirements from surface and groundwater sources.
E. Submit a precise engineer or geologist approved mitigation plan for any development on slopes in
excess ofJO% for review and approval by the Community Development Department and the County
Engineer. The plan shall show the area of disturbed slope, any re-grading required and the exact size
and location of all mitigation devices.
F. If the residence exceeds 5,000 square feet, submit a Traffic and Parking Management Plan in
accordance with the Asset Management Plan for review and approval by the County Engineer.
G. Make a cash payment in lieu of dedicating land to the Aspen School District. Calculation of the
payment shall be based on the regulations in effect at the time of building permit issuance.
H. Make a cash payment in lieu of dedicating land to the County for parks/recreation/open space.
Calculation of the payment shall be based on the number of residents and the land value at the time
of payment.
1. Pay the applicable road impact and housing impact fees.
4. Prior to commencement of construction, the Applicant shall pay a Heavy Vehicle Use Fee to the
Buttermilk Metropolitan District. The Applicant shall also obtain permission from the District for
any cutting of roads or utility extensions in the roads.
5, Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the
corners ofthe building and development envelopes and install construction fencing around the
perimeter of the envelopes. The fencing shall remain in place until a Certificate of Occupancy is
issued for the residence on Lot 2.
6. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch
gates, construction parking and staging, vegetation removal or disturbance, or septic system, shall occur
outside of the approved building and development envelopes, except to comply with the required wildfire
mitigation. Utility and driveway extension and maintenance shall occur within approved building or
development envelopes.
7. No development, including grading, excavation, fill placement, landscaping, vegetation removal or
disturbance, septic system and well, shall occur outside of the approved building envelopes, except for
utility and driveway extension and maintenance.
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7. No development, including grading, excavation, fill placement, landscaping, vegetation removal or
disturbance, septic system and well, shall occur outside of the approved building envelopes, except for
utility and driveway extension and maintenance.
8. Only plant species listed in the Pitkin County Revegetation Guide (or species native to the site) shall be
utilized to revegetate areas outside of the building envelopes that are disturbed by construction of access
drives and installation of utilities, subject to a revegetation plan approved by the Land Management'
Department prior to issuance of a Certificate of Occupancy.
9. Exterior lighting shall comply with the County's lighting regulations in effect at the time of installation.
10. The Applicant shall comply with the applicable codes and requirements ofthe Aspen Fire Protection
District, including but not limited to adequate area for turning around of fire equipment, an approved
fire sprinkler system and adequate water supply (minimum of 20,000 gallons or demonstration of
proximity to an existing fire hydrant).
11. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside of the building and development envelopes.
B. Provide waste storage that complies with the County Code regarding bear-proof containers.
C. A void fruit-bearing trees and shrubs in any landscaping.
D. Dogs shall be kenneled,
E. All new fencing outside of the building or development envelopes shall comply with the County's
standards for wildlife friendly fencing.
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12. The applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot perimeter
around the structure.
B. Vegetation shall be reduced to break up the vertical and horizontal continuity ofthe fuels a minimum
of a 30 foot perimeter around the structure.
C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum
of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All
measurements shall be from the edges of the crowns of the fuel.
D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet
above the ground and ladder fuels from around trees and brush shall be removed.
E. Tree crown separation within the 30 foot perimeters shall have a minimum of 1 0 feet between the
edges of the crowns.
F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of
the chimneys shall be removed.
G. TIle density offuels within a 100 foot perimeter of the structure shall be reduced.
H. All deadfall within the 100 foot perimeter shall be removed.
I. Low vegetation shall be maintained within a 10 foot perimeter around all structures.
J. The applicant shall be responsible for the continued maintenance of the defensible space vegetation
requirements.
13. The Applicant shall comply with the following wildfire mitigation standards:
A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the
International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are
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2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the
roof.
3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above
the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the approved 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 Marshal prior to submittal of a building permit application.
B. Vents shall be screened with corrosive resistant wire mesh with mesh y,. inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash, and flammable debris.
E. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of
15 feet away from any structure.
F. Swimming pools or ponds shall be accessible to Fire Department vehicles.
G. Fences shall be kept clear of brush and debris.
H. Wood fences shall not connect to the structure.
I. Fuel tanks shall be installed underground with an approved container.
J. Propane tanks shall be installed according to NFP A 48 standards and on a contour away from the
structure with standard defensible space vegetation mitigation around any above-ground tank. Any
wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive
construction on the exterior side of the walls.
K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a
visible and accessible location.
L. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and
installed on a non-combustible post.
M. New utility lines shall be buried within the driveway.
14. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water
consumption and additional runoff within one growing season of the project's completion.
15. The Applicant shall comply with the County's Noxious Weed Management Plan.
16. The caretaker dwelling unit shall be limited to 1,000 net livable square feet, which shall count
towards the total allowable floor area. The kitchen shall contain a minimum of a two burner stove with
at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a
5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A minimum of one off-street parking space shall
be provided for the unit. The Applicant shall provide one off-street parking space for each bedroom in
the caretaker unit. The caretaker dwelling unit must have separately accessible utilities. This does not
preclude shared utilities.
17. Prior to issuance of a building permit for the caretaker unit, the Applicant shall obtain and the Housing
Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be
submitted to the Housing Office with the deed restriction.
18. Housing and Community Development staff may inspect the caretaker dwelling unit prior to issuance of
a Certificate of Occupancy.
19. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
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20. The Applicant shall adhere to all material representations made in the application or in public meetings or
hearings and shall consider those representations to be conditions of approval, unless amended by other
conditions.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 10"> day
of September, 2006.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the II th day of October, 2006.
APPROVED AND ADOPTED AFTER SECOND READING on the _ day of
,2006.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the _ day of
,2006.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By
Mick Ireland, Chair
ATTEST:
Date
Jeanette Jones, Clerk to the BOCC
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
John Ely,
County Attorney
~~~A Lc~
Community Development Director
P062-06;PID#273510200007
1
09/20/2006 07:51 9709270196
5ep 19 eoos 12,21PM HP LASERJET 3330
NEWLAND PROJECT RESO
PAGE 01
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Buttermilk Metropolitan District
j 17 &sl Hopkinli Avenue
Aspen, Colorado 81611
JaY<<l ~..., Plul"'.,
!\1ar~3' GrOll, ~"'I)'
VI"". SaIXu....i. v..... PrHld....
To.. Soltdo. 01...,.,.
CharLw )d.........s, Tr....rt!II'
Gory I_I>, M......
James alIlI Betsy Fifield Septem~r 5, :2006
350 Ellale PBl'k Drive
Aspen, Colorado 81611
Re: Water Service to Property Parcel No. 2735-10:2-00-007
a.k,a. the Northem Pucci
Dear Jim IlInd Betsy:
This letter will confirm tbat the 26.8 acre parcel you Propo8C to split into 1.W(l parcels, lies wholly
within the corponde 80undariea oftbc Buttel'Ulilk Metropolitan Dimet. The Buttermilk MWo
Di&lril:t provides potable water M!fVice to properties within the District through a Colorado Slate
appIOvCd, public water system. The S)'$tcm identilicstion number IB PWSID j CO 0149160 and a
gtl)IlDd WIll<<.~ bas been adj11diQa!ed Under Case Nos. OOCW30S and 01CW28 in Water
Court Oivision S, and 1M wB1e1' slIJl?ly meets tK exceed. all fedenJ lllId .ta1c _ quality
standards and a fUlly aperatiOllal pwnpimg, tmltmcal and distribution sYSteID is in place to deliver
"'Iller to all propeftlf:ll eligible for "mce nQJJl :he District.
By prior action of the District BOIU'd of Director., the ~ onhcm Parcel i. eligible for WIller service
from the DiSlri<:t bll1pr1or to ~tual water deliveries, yuu must; 1) asrec to the inclusion of tho
propel't)' within. the Dismct's ",,.ter taxing...... (it is already within the road \Ill< or"); 2)
complete ,a water "'IMce applicalion, qualifYing the service: level reql;lC5te<l; 3) tem1er payment of
all appropriate fec. and "barges, io.:l udini tap fees, faCility fees, _ right tiles, and
OOIIlIlrwtion ins~lon tees: 4) conslruct and convey all facilities and idiutructure lbat the
District shall d!:termine will be required to serve the property; and S) install a District IIp)lJOved
water IICrvicc: line and electronic water meter.
The Northen> Parcel i. presently 8.1'VOd by Di$trict lWlimained IIlIJ'haIt roads In<:ludttlg West
Buttermillr. RQIId llIl4 BasIc Park Drive. The Nortbem PlIfQlll1s eIlgible to access these roads,
and \lSClofthe n>8d. during constrUCtiOQ h)' heavy vehicles is permittExl follo~ the pa)'lllellt of
a Heavy Vehicle Use Fee. 1bi& fee is Mlwlated by, and paid to, the District fur the accelersted
we&1' caused by heavy 1l1Iclts snd equipment com:monly used to bulld larger homes. All propoaed
cuta to any district road and IOCcess points mUIJI: be pre-approved by the District,
Sincerely,
By ~:ser
11211 Pi.... .igJbUIty."Ild
M:T. NC'Mud
'rel. 970-925-3475 FAlC.970.925.41S4 CO rPY
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Alice Davis informed the board that when the application was
originally submitted, the draft Land Use Code at that time was
going to take away the exemptions for basements and garages. By
the time they got to P&Z that exemption was back in and it changed
what they originally asked for. Now they are back to what they
originally intended. .
Commissioner Rudnick moved to recommend to the Board of
County Commissioners to approve staff's recommendation of
approval. Chairman Thomas seconded the motion. Motion
passed 3 to 0 with Commissioner Larsen abstaining.
FIFIELD SUBDIVISION CONCEPTUAL SUBMISSION. 1041
HAZARD REVIEW. SCENIC OVE:RLAY/RIDGELlNE REVIEW,
SPECIAL REVU:W-AN'OGII1lQ,S EXEMPTION'::'" MOTION TO .
RECOMMEND TO THE BOee THAT THEVAOOPT STAFF'S
RECOMMENOArlt5N:W1TA-STATr:MENT REGARDING. .
RIDGELlNEulSSUE
STAFF PERSON: SUZANNE WOLFF.
· Applicants: James and Betsy Fifield
· Applicants' Representatives: Glenn Horn
· Summary of request: Applicants are requesting to
subdivide the property into 2 lots: one containing the existing
residence (Lot 1) and a second undeveloped lot (Lot 2). The
following approvals are requested and required:
o 1041 hazard review and conceptual submission to
establish a building envelope on Lot 2 and to add
access and landscape envelopes on Lot 1
o Conceptual subdivision
o GMQS exemption and special review to establish Lot
2 as a TOR receiver site to accommodate up to
15,000.00 square feet of floor area
o GMQS Exemption and special review for a caretaker
dwelling unit on Lot 2
Ms, Wolff proceeded with her presentation as outlined in her staff
memorandum to the board.
Due to a question on the roads from Commissioner Rudnick, Glenn
Horn explained that Pfister Meadows is a 27-acre parcel called the
"hole in the donut". All the land in this area was owned by Pfister at
PLANNING & ZONING COMMISSION
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MEETING JULY 18, 2006
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one time and there was a contract on the land surrounding the
"donut" to a second party. It was part of the Kona-Post/Aspen-Post
land litigation and land application that went on for years. In the
midst of that, Art Pfister sold the Pfister Meadows parcel to the
Fifields, the present owners. They developed their house but they
had to reserve these certain easements to access the Aspen-
Post/Kona-Post property that was eventually developed as Eagle
Pines.
Ms. Wolff continued on by saying that the applicants originally
intended to get water from the City of Aspen and that was indicated
that it would happen, but apparently there has been a change now
and they do not have the capacity or the ability to provide water.
They are now negotiating with the Buttermilk Metro District to obtain
water.
Mr. Horn explained why Eagle Pines gets their water from the City
of Aspen but this property cannot. He said originally the applicants
went to the City to get water and that the City said that they could
supply water and so the applicant proceeded. The City had their
engineers look at it further and found out the following. Originally,
there was supposed to be a water tank up there to serve Eagle
Pines and they were going to put a water tank higher up above this
property to serve this area. For one reason 'orantlther, the water
tank was never installed. So now the water is being pumped up
there from a City Lift Station. There were supposed to be certain
restrictions on use of water for exterior uses, gardening and
landscaping.
Those restrictions are not being adhered to, Mr. Horn stated. There
is too much exterior use of the water beyond what was anticipated.
Due to that, they have concerns about being able to supply even
the amount of water which they had agreed to supply to Eagle
Pines because the use is way more than anticipated. Mr. Horn
continued by saying the City said that they could probably supply
water to this property if there was a storage tank and improvements
to the pump. So, the applicant hasn't completely ruled out the
storage tank and improvements to the pump because it could
improve the water to the whole area. But, being in the West
Buttermilk Metro District and the Fifield property abuts the lines
which are right in West Buttermilk Road which is contiguous to this
property.
He said that they are in negotiations now to obtain water from the
Metro District which didn't exist before. They do have a tank above
this property and they are interested in having another user to help
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PLANNING & ZONING COMMISSION
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MEETING JULY 18, 2006
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amortize the cost of their improvements to the West Buttermilk
area.
Another item Ms. Wolff wanted to address was the ridgeline issue
as seen from the highway. As long as there are leaves on the
trees, this site is hidden, but staff needs to do further review when
the leaves are down. This will be addressed at detailed
submission.
Ms. Wolff stated that today she received a letter from the Eagle
Pines Homeowners Association, Robert Richey, owner of Lot 2. He
has requested that the board be advised that there was no Eagle
Pines board meeting that was substantiated by minutes or general
meeting of the Eagle Pines Homeowners Association substantiated
by minutes to authorize the letter dated July 11, 2006 addressed to
the P&Z and signed by the President of the Eagle Pines
Homeowners Association. Ms. Wolff did not think she had received
that letter.
Mr. Horn explained that there was a letter prepared by the
President of the Homeowners Association and that they have
internal issues and he said that they should sort them out.
Commissioner Rudnick asked what the letter stated.
Mr. Horn responded that it was a supportive letter from the
President, but apparently they have to deal with what their
homeowner guidelines state in offering opinions so he stated that
there is nothing on the record and so there's nothing to it.
Glenn Horn then addressed the board with his presentation.
He wanted to give the board a little background on the area. Using
a color coded map from the Assessor's Office, he pointed out
statistics on floor areas fOT the area surrounding this parcel.
He also stated that they will continue to work on their water source
and will not go to the BOCC until that has been resolved.
The board agreed that the two main issues were ridgeline and
water.
Betsy Fifield wanted to get a clarification of the Code with regard to
the ridgeline. She stated that she thought the Code requires that
through the scope you can't see the house. Then she aSked if it
was just a person standing there?
PLANNING & ZONING COMMISSION
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MEETING JULY 18, 2006
Ms. Wolff said that the Code just says that the house shouldn't,
break the ridgeline. Then they are left with figuring out how best to
site the house.
Mr. Horn said that the human eye isn't strong enough to see it and
you have to look through the scope because you can't see the story
poles because they are too small.
Discussion ensued with regard to this ridge line issue.
Commissioner Rudnick moved to recommend to the SOCC
that they adopt staff's recommendation and if it's not
appropriate for P&Z to give their views on what breaking the
ridgeline means he'll leave it at that. If the SOCC wants to
hear what P&Z's views are, then he will add that breaking the
ridgeline is not necessarily whether it's seen or unseen,' It's
an absolute and is determin.ed without regard to vegetation,
Commissioner Larsen seconded the motion. Motion passed 3
to 1 with Chairman Thomas voting nay stating that he is
prepared to support staff's recommendation, but he is not
prepared to weigh in on the ridgeline issue until he has
something visually in front of him to put it in context.
ADJOURNMENT:
The meeting adjourned at approximately 6:30PM.
PLANNING & ZONING COMMISSION
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MEETING JULY: 18, 2006
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MEMORANDUM
TO:
Planning and Zoning Commission
FROM:
Suzanne Wolff, Senior PlannerL&W
Fifield Subdivision Conceptual Submission, 1041 Hazard Review, Scenic
Overlay/Ridgeline Review, Special Review and GMQS Exemption
RE:
DATE:
July 18,2006
REQUEST: The Applicant is requesting to subdivide the property into 2 lots: one containing the existing
residence (Lot I) and a second undeveloped lot (Lot 2). The following approvals are requested and
required:
=> 1041 Hazard Review and Conceptual Submission to establish a building envelope on Lot 2 and to add
access and landscape envelopes on Lot 1;
=> Conceptual Subdivision;
=> GMQS Exemption and Special Review to establish Lot 2 as a TOR receiver site to accommodate up to
15,000 square feet of floor area.
=> GMQS Exemption and Special Review for a caretaker dwelling unit on Lot 2.
APPLICANT: James and Betsy Fifield
REPRESENTATIVE: Glenn Horn
LOCATION: 350 Eagle Park Drive, off of West Buttermilk Road; referred to as "Pfister Meadows";
surrounded by Eagle Pines Subdivision
ZONING: The property is zoned AFR-I 0 and contains 26.8 acres.
EXISTING CONDITIONS/BACKGROUND: The subject property is currently improved with a 15,000
square foot residence that was constructed in 1993.
The building envelope on Lot 1 was originally approved in 1990 and subsequently amended, with the
second amended 1041 site plan recorded in Plat Book 31 at Page 83. The BOCC denied a request to
exceed 15,000 square feet, pursuant to Resolution No. 93-129.
REFERRAL AGENCIES: Referral agency comments from Housing Office, Colorado Division of Water
Resources, Aspen Fire, Buttermilk Metropolitan District, and Division of Wildlife are incorporated
throughout this memorandum and are attached for reference.
PROCESS: Subdivision is a five-step process with a Conceptual Submission review by the Planning
Commission and the BOCC, a Detailed Submission review by the Planning Commission and the BOCC,
and Final Plat review by the BOCC. Detailed Submission and Final Plat review may be combined, if
approved by the BOCC.
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STAFF COMMENTS: The application is subject to a finding of compliance with the following provisions
ofthe Land Use Code.
ENVIRONMENTAL & AESTHETIC STANDARDS (Section 3-60)
Air Quality: The Environmental Health Department does not require air quality mitigation for the
creation of only one additional lot, as the impact is assumed to be minimal. The property is within the
non-attainment area of the County, therefore, wood-burning fireplaces are prohibited. A fugitive dust
control plan will be required for any improvements for which an Earthmoving or Access Permit is
required.
Preservation of Natural Landscape: Site disturbance will be limited on Lot 2 to the building and
landscape/utility/access envelope (total of 3.4 acres). Access and landscape envelopes are proposed to be
added to Lot 1 to encompass existing improvements. All disturbed areas will be required to be
revegetated in the first growing season after the disturbance.
Scenic Quality/Scenic Overlay: The property is within a mapped ridge line review area. The Applicant
asserts that the envelope is in the best location to minimize the visual impact, as development within the
large, open meadow on the site would have greater impact. The Applicant asserts that while
development within the proposed building envelope on Lot 2 may break the ridgeline, the neighboring
homes and existing conifers will screen the development as seen from Highway 82. Staff did an initial
site visit with the app1ica)1t and agrees that there is considerable screening, but was not able to confirm
that a residence would not break the ridgeline. The Applicant commits to ensure that the ridgeline is not
broken; staff recommends that a more detailed study utilizing height poles occur at Detailed Submission,
at which time it can be determined ifany height restrictions are necessary to ensure that the ridgeline is
not broken.
Reduction in Density for Steep Slopes: A very small percentage of the property is encumbered by
slopes in excess of 30%; therefore, no reduction in density is required as a result of steep slopes,
WATER RESOURCES (Section 3-70)
Drainage/Erosion/Sedimentation: The Applicant commits to provide sufficient drainage to conduct
surface and ground water away from the foundation and other critical installations on Lot 2. Final grading
and landscaping will be designed and constructed to convey water away rrom structures. The Applicant will
be required to submit a drainage and erosion control plan at building permit application.
Irrigated Areas/Ditches: The property does not include irrigated lands or irrigation ditches.
Water Supply/Quality: The Applicant originally represented, based on conversations with the City of
Aspen Utilities Director and Attorney that water would be provided to Lot 2 by the City of Aspen.
However, the City has since stated that water delivery and storage issues make the City unwilling to supply
water. The Applicant is now negotiating with the Buttermilk Metropolitan District to obtain water. The
Applicant is required to provide proof of an adequate water supply prior to review of the application by the
BOCC. Craig Lis with the State Division of Water Resources states that he cannot comment on the
potential for injury to decreed water rights or the adequacy ofthe proposed water supply, since a Water
Supply Plan Report was not provided.
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The wastewater disposal system for Lot 2 will be designed in compliance with State standards to avoid
impacts on water quality.
1041 HAZARD REVIEW (Section 3-80)
Geologic Hazards: The proposed building envelope on Lot 2 and the accessory development envelopes
on Lots I and 2 are primarily located on slopes of less than 30%. Small areas of slopes in excess of30%
are located within the building envelope on Lot 2; these slopes comply with the "minor slope anomaly"
provision of the Code (Sec. 3-80-S0.C.] .c.ii.c). The Applicant will be required to submit a precise
engineer or geologist approved mitigation plan for review and approval by the Community Development
Department and the County Engineer. The plan shall show the area of disturbed slope, any re-grading
required and the exact size and location of all mitigation devices.
Wildfire Hazard Areas: The property is within mapped low and medium wildfire hazard areas, which
is appropriate given the slope and vegetation on the site. The Applicant commits to comply with the
standard mitigation measures, which are included as conditions of approval.
Wildlife Habitat: The property is not within any mapped wildlife habitat areas, as confirmed by the
Division of Wildlife. The property is surrounded by existing residential development. Measures to
mitigate ecological impacts are included in the conditions of approval.
IMPROVEMENTS & SERVICES (Section 3-110)
Utilities: Utilities are already available in the surrounding area. New utility lines for Lot 2 will be
placed underground within designated envelopes.
Water/Sewage Disposal: As noted previously, the Applicant proposes to obtain water from the
Buttermilk Metropolitan District for Lot 2 and to install an individual sewage disposal system.
Access/Roads: Access to the lots from West Buttermilk Road is provided via Eagle Pines Drive and
Eagle Park Drive. The property is within the boundaries of the Buttermilk Metropolitan District, which
maintains all three of those roads. The District requires payment of a Heavy Vehicle Use Fee prior to use
of District roads for construction, and permission must be obtained from the District for any cutting of
roads or utility extensions in the roads. John Belkin, the Applicant's Attorney, has reviewed the title
work and determined that vehicular access to a second residence and caretaker dwelling unit is permitted.
Lighting/Signs: All lighting and signs will comply with County standards.
IMPACTS ON TAXES AND MANAGEMENT OF NECESSARY SERVICES (Section 3-120)
The Applicant states that there will be minimal impacts on taxes and services from the construction of
one additional residence. The Applicant does not propose to dedicate any utilities or facilities for public
use.
DEVELOPMENT EXACTIONS (Section 3-130)
Employee Housing: The Applicant will be required to pay the applicable employee housing impact fee,
prior to issuance of a building permit for the residence on Lot 2.
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Parks/Recreation/Open Space/Trails: The Applicant proposes to satisi)' the requirement for Lot 2
with a cash-in-lieu payment. The owner of the lot would be required to make payment to the County
prior to issuance of any building permits for the residence, based on the number of residents and the land
value at the time of payment.
School Land Dedication: The property is within the boundaries of the Aspen School District. The
Applicant will be required to pay the applicable cash-in-lieu ofland dedication for Lot 2 to the School
District, prior to issuance of a building permit for the lot.
GMOS EXEMPTION FOR TDRS (Section 9-] ] 0-042)
The transfer of a single family dwelling development right to a separate parcel or "Receiver Site" within
Pitkin County is exempt from GMQS pursuant to Section 9-11 0-042(A) and is subject to the standards
and criteria of Section 3-310 and to the special review criteria in Section 3-210. The Applicant proposes
to utilize TORs to develop one new residence containing up to ] 5,000 square feet of floor area. As the
property is within the Rural Area, the TDR for the initial development right of 5,750 square feet of floor
area is restricted to preservation sites in the Fryingpan or Crystal Areas; the additional TDRs may come
from any preservation sites in the County.
GMOS EXEMPTION FOR CARETAKER DWELLING UNIT (Section 9-1 ] 0-041)
The Applicant proposes to construct a caretaker dwelling unit on Lot 2. One caretaker dwelling unit of
up to 1,000 square feet of net livable square feet is exempt from growth management, subject to special
review and the following criteria.
. The floor area of the caretaker unit shall be included in the total allowed floor area.
. One parking space shall be provided.
. The unit shall be deed restricted.
. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can
bake and broil, sink of at least 14"W X 16"0 X 5.25"H, and at least a 5.3 cubic foot refrigerator
and 0.73 cubic foot freezer.
. The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared
utilities,
SPECIAL REVIEW (Section 3-210)
Special Review approval is required to establish a TDR Receiver Site and to construct a caretaker
dwelling unit, subject to compliance with the following standards:
A. The ~pecial review use shall consider the applicable County Masler Plan.
Response: The property is not within, but is adjacent to, the Urban Growth Boundary. The Aspen Area
Community Plan identifies the property and the surrounding Eagle Pines Subdivision as "low density
residential"; the proposed subdivision is consistent with this designation.
B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use
Code, including Ihe County Land Use Policies in Arlicle 2.
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Response: The proposed development does not conflict with the applicable provisions of the Code, as
specified within this memorandum, or with the County land use policies.
C. The 'pecial review use shall be consisleni with the intenl of the Zane Districl in which il is proposed
10 be located.
Response: The intent of the AFR-1O zone district is "to maintain the rural character of lands proximate
to development centers and State highways by preserving agricultural operations, wildlife habitat and
scenic quality, while permitting low density, single family dwelling units and customary accessory uses."
The proposed development is consistent with this intent statement.
D. The 'pecial review use shall be compalible with Ihe characler of the immediate vicinily oflhe parcel
proposedfor developmenl and surrounding land uses, or shall enhance the mixture of complimenlary uses
and activilies in the immediale vicinity oflhe parcel proposedfor development.
Response: The proposed residential development is not incompatible with surrounding residential uses.
Surrounding residences in Eagle Pines range from 8,798 to 12,674 square feet of "total heated area" as
calculated by the Assessor (actual floor area calculations may differ; some of the lots were developed before
the subgrade and garage exemptions were eliminated in the Rural Area). Eagle Pines lots are exempt from
growth management up to 11,500 square feet of floor area, and are eligible to utilize TDRs or compete in
growth management for additional floor area up to 15,000 square feet.
E. The localion, size, design and operating characleristics oflhe proposed special review use must be in
harmony wilh the surrounding area and minimizes adverse effecls, including visual impacts, impacls on
pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/waler pollution
or other impacts on natural resources, noise, vibrations and odor on surrounding properties.
Response: The location of the proposed residence on Lot 2 will have minimal impacts, as addressed
throughout this memorandum. Visual impacts, and specifically any breach ofthe ridgeline, will be
addressed at Detailed Submission.
F. There musl be adequale public facilities and services to serve Ihe special review use including bul not
limited 10 roads, potable water, sewer, solid waste, parks, policeJire proteclion, emergency medical
services, hospital and medical services, drainage syslems, and schools.
Response: The existing roads are adequate for emergency vehicle access. Payment of the School District
fees will be a condition of approval. The Applicant is proposing to obtain water from the Buttermilk
Metropolitan District. The Aspen Fire Protection District will require adequate area for turning around of
fire equipment, an approved fire sprinkler system and adequate water supply (minimum of 20,000 gallons or
demonstration of proximity to an existing fire hydrant),
G. An application for a special review use must demonstrate to Ihe Board of County Commissioners thai
the proposed developmeni will not:
I. Malerially endanger the public health, safety or welfare; and
2. SubstanlialZv injure the value of adjoining or abulting property.
Response: Staff has no information that would indicate that the development will endanger the public
health, safety or welfare, or injure the value of adjacent properties.
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RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the
Fifield Subdivision Conceptual Submission, 1041 Hazard Review, Scenic Overlay/Ridgeline Review,
Special Revie)V and GMQS Exemption, subject to the following conditions:
] . Prior to review by the BOCC, the Applicant shall provide proof of an adequate water supply to the
Community Development Department.
2. With the Detailed SubmissionlFinal Plat application, the Applicant shall:
A. Submit documentation to demonstrate that development within the building envelope will not break
the ridgeline as seen from Highway 82, either by limiting/revising the location of the envelope or by
restricting the height of structures within a portion of the envelope.
B. Provide draft Protective Covenants.
C. Submit will serve letters from utility companies.
3. Prior to building permit application for Lot 2, the Applicant shall submit executed Irrevocable
Certificate(s) ofTDRs to allow up to 15,000 square feet of floor area on the lot and a copy of the deed
evidencing conveyance of the Certificate to the Applicant (if applicable). The TOR for the initial
development right of 5,750 square feet of floor area is restricted to preservation sites in the
Fryingpan or Crystal Areas; the TORs for additional floor area in excess of 5,750 and up to 15,000
square feet of floor area may come from any preservation sites in the County.
4. Prior to issuance of a building pennit for the residence on Lot 2, the Applicant shall:
A. Obtain a fireplace/woodstove permit from the Community Development Department, if applicable.
B. Submit a drainage and erosion control plan for review and approval by the County Engineer.
C. Obtain a driveway/access permit, which shall be approved by the County Engineer and the Aspen
Fire Marshal.
D. Obtain an ISDS permit from the Environmental Health Department. The system must be designed
by a registered professional engineer, shall be located within the building or development
envelopes, and must comply with the setback requirements from surface and groundwater sources.
E. Submit a precise engineer or geologist approved mitigation plan for any development on slopes in
excess of 30% for review and approval by the Community Development Department and the
County Engineer. The plan shall show the area of disturbed slope, any re-grading required and the
exact size and location of all mitigation devices.
F. If the residence exceeds 5,000 square feet, submit a Traffic and Parking Management Plan in
accordance with the Asset Management Plan for review and approval by the County Engineer.
G. Make a cash payment in lieu of dedicating land to the Aspen School District. Calculation of the
payment shall be based on the regulations in effect at the time of building permit issuance.
H. Make a cash payment in lieu of dedicating land to the County for parks/recreation/open space.
Calculation ofthe payment shall be based on the number of residents and the land value at the
time of payment.
I. Pay the applicable road impact and housing impact fees.
5. Prior to commencement of construction, the Applicant shall pay a Heavy Vehicle Use Fee to the
Buttermilk Metropolitan District. The Applicant shall also obtain permission from the District for
any cutting of roads or utility extensions in the roads.
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6. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the
corners of the building and development envelopes and install construction fencing around the
perimeter of the envelopes, The fencing shall remain in place until a Certificate of Occupancy is
issued for the residence on Lot 2.
7. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch
gates, construction parking and staging, vegetation removal or disturbance, or septic system, shall
occur outside of the approved building and development envelopes, except to comply with the required
wildfire mitigation. Utility and driveway extension and maintenance shall occur within approved
building or development envelopes.
8. No development, including grading, excavation, fill placement, landscaping, vegetation removal or
disturbance, septic system and well, shall occur outside ofthe approved building envelopes, except for
utility and driveway extension and maintenance.
9. Only plant species listed in the Pitkin County Revegetation Guide (or species native to the site) shall be
utilized to revegetate areas outside of the building envelopes that are disturbed by construction of access
drives and installation of utilities, subject to a revegetation plan approved by the Land Management
Department prior to issuance of a Certificate of Occupancy.
10. Exterior lighting shall comply with the County's lighting regulations in effect at the time of installation.
11. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection
District, including but not limited to adequate area for turning around of fire equipment, an approved
fire sprinkler system and adequate water supply (minimum of20,000 gallons or demonstration of
proximity to an existing fire hydrant).
12. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside of the building and development envelopes.
B. Provide waste storage that complies with the County Code regarding bear-proof containers.
C. A void fruit-bearing trees and shrubs in any landscaping.
D. Dogs shall be kenneled, with the exception of working ranch dogs when at work.
E. All new fencing outside of the building or development envelopes shall comply with the
County's standards for wildlife friendly fencing.
13. The applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10 foot perimeter
around the structure.
B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum of a 30 foot perimeter around the structure.
C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum
of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All
measurements shall be from the edges ofthe crowns of the fuel.
D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet
above the ground and ladder fuels from around trees and brush shall be removed.
E. Tree crown separation within the 30 foot perimeters shall have a minimum of I 0 feet between the
edges of the crowns.
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F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of
the chimneys shall be removed.
G. The density of fuels within.a 100 foot perimeter of the structure shall be reduced.
H. All deadfall within the 100 foot perimeter shall be removed.
1. Low vegetation shall be maintained within a 10 foot perimeter around all structures.
J. The applicant shall be responsible for the continued maintenance ofthe defensible space vegetation
requirements.
14. The Applicant shall comply with the following wildfire mitigation standards:
A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the
International Building Code (lBC) Section 1505.2. Wood shake/shingle roof coverings are
prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted unless
they comply with the following:
I) 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 the
roof.
3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above
the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the approved 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 Marshal prior to submittal of a building permit application.
B. Vents shall be screened with corrosive resistant wire mesh with mesh Y. inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash, and flammable debris.
E. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum
of 15 feet away from any structure.
F. Swimming pools or ponds shall be accessible to Fire Department vehicles.
G. Fences shall be kept clear of brush and debris.
H. Wood fences shall not connect to the structure.
1. Fuel tanks shall be installed underground with an approved container.
J. Propane tanks shall be installed according to NFP A 48 standards and on a contour away from the
structure with standard defensible space vegetation mitigation around any above-ground tank. Any
wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-
resistive construction on the exterior side of the walls.
K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a
visible and accessible location.
L. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and
installed on a non-combustible post.
M. New utility lines shall be buried within the driveway.
15. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water
consumption and additional runoff within one growing season of the project's completion.
16. The Applicant shall comply with the County's Noxious Weed Management Plan.
17. The caretaker dwelling unit shall be limited to 1,000 net livable square feet, which shall count
towards the total allowable floor area. The kitchen shall contain a minimum of a two burner stove with
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at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least
a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A minimum of one off-street parking space
shall be provided for the unit. The Applicant shall provide one off-street parking space for each
bedroom in the caretaker unit. The caretaker dwelling unit must have separately accessible utilities.
This does not preclude shared utilities.
18. Prior to issuance of a building penn it for the caretaker unit, the Applicant shall obtain and the Housing
Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be
submitted to the Housing Office with the deed restriction.
19. Housing and Community Development staff may inspect the caretaker dwelling unit prior to issuance of
a Certificate of Occupancy.
20. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
21. The Applicant shall adhere to all material representations made in the application or in public meetings
or hearings and shall consider those representations to be conditions of approval, unless amended by
other conditions.
A TT ACHMENTS
A. CO Division of Wildlife
B. CO Division of Water Resources
C. Buttermilk Metropolitan District
D. Housing
E. Aspen Fire
F. John Belkin letter
Application and Site Plan provided separately
. Ms. WoltT is a >,1"ofess\urlal \lIanne, wit" \I Bael\ekl(~ <kgll~~ in UfO?1\ Studies flOm lhe UniversilY of f'ennsy\vaniP) llnd is H membc, of Ihe Amencan Institute of Certified PJanrlers Ms Wolff
has worked for the Aspen/Pitkm CounTy Community Development Department for 14 years, and as a Planner/Senior Planner within Ihat depaTlment for 10\1, years In her planning posilion, Ms
Wv]ff has reviewed numerous land use applications pursuant \0 Ihe Pitkin County Land Use Code
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STATE OF COLORADO
aill Owens. Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
Bruce McCloskey, Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1192
May 1, 2006
Pitkin County Community Development
130 S. Galena
Aspen, CO 81611
RE: Fifield Subdivision 1041
Dear Suzanne:
The Fifield property located up West Buttermilk does not lie within any mapped wildlife areas. However, black bear inhabit
and forage throughout the area. In the past, there have been significant human-bear conflicts in the West Buttermilk area,
Homeowners will need to take proper precautions to minimize conflicts. In addition, homeowners need to be aware that the
Division is not liable for damages done by black bear to real or personal property.
Construction of a single family home in the location proposed should not have significant negative impacts to wildlife as it is
surrounded by existing home sites and disturbance. In addition, the proposed landscape envelopes for Lots I and 2 should not
have any significant negative impacts to wildlife. The following recommendations should minimize impacts to wildlife and
minimize human-wildlife conflicts:
1. location of the home within the building envelope should be sited to maintain as much native vegetation.as
possible; primarily the aspen and mountain shrubs located on the hillside above the open meadow on the lower
portion ofthe lot
2. maintain native vegetation outside building envelope
3. trash/garbage should be kept in approved bear resistant containers/enclosure
4. round handled door knobs should be used for all outside doors instead oflever handles in order to minimize a
bear's ability to gain entry
5. fruit, nut, or berry producing trees or shrubs should not be used in landscaping in order to minimize an attractant
for bear
6. bird feeders should be avoided April- November in order to minimize an attractant for bear. Ifbird feeders are
used, all feeders, including hummingbird feeders, should be hung away from any window or deck, be at least 10'
from the ground, and strung between 2 trees Of posts. Any seed feeders should have a sp.ed catchment pan to
catch discarded seed.
7. composting should be restricted to yard waste only with no food products in order to minimize an attractant for
bear
8. pets should not be fed outdoors
Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright at 947-2920, ext.
2938.
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AIe? .fe Manager
C:c: J. Bredehoft, R. Velarde, K. Wright, file
DEPARTMENT OF NATURAL RESOURCES, Russell George, ExeoJlve [);reclor
WILDLIFE COMMISSION, Jeffrey Crawford, Chair. Tom Burke. Vice Chair. Ken Torres, Seaetary
Members, Robert Bray. Rick Enstrom. Philip James. Claire O'Neal- Richard Ray. Robert Shoemaker
Ex OffitiD Members, Russell George and Don Ament
^y^l
STATE OF COLORl\DO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Shennan Street, Room 818
Denver, Colorado 80203
Phone (303) 866~3S81
FAX (303) 866-3589
May 1, 2006
Bill Owens
Governor
Russell George
Executive Director
www.water.state.co.us
Suzanne Wolff
Pitkin County Community Development Department
130 South Galena Street
Aspen, CO 81611
Hal D. Simp-:,oo, P.L
State Engineer
Re: Fifield Subdivision Conceptual Submission
Section 10, T10S, R85W, 6th PM
Water Division 5, Water District 38
Dear Suzanne:
We have reviewed the above-referenced proposal to subdivide a 26.8-acre parcel into two
single-family residential lots, one of which contains an existing residence, and the second of which
is to contain a single-family dwelling and additional care1aker dwelling unit. The water supply is to
be provided by the City of Aspen Water Department (Ci1y), which currently supplies the existing
residence. A letter of commitment from the City was not provided. Sewage treatment is to be
provided 1hrough individual systems. Water use estimates were not provided.
Pursuant to CRS 30-28-136(1 )(h)(II), a municipality or quasi-municipality is required to file
a report with the county and the State Engineer documenting the amount of water which can be
supplied to the proposed development without causing injury to existing water rights. A report of
this nature was not included. See the Guidelines for Subdivision Water Supply Plan Reports
(online at water.state.co.us/pubslpolicieslmemo_subdivisions.pdf) for the necessary information.
Since insufficient information was provided, we cannot comment on the potential for
injury to decreed water rights or the adequacy of the proposed water supply under the
provisions of CRS 30-28-136(1 )(h)(II). If you or the applicant has any questions concerning this
matter, please contact Cynthia Love at this office for assistance.
Sincerely,
~~/)J1 yt
Craig M. Lis, P.E.
Water Resource Engineer
CMUCJUFifield.doc
cc:
Alan Martel/aro, Division Engineer
Bil/ Blakeslee, Water Commissioner, District 38
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BUTTERMILK METROPOLITAN DISTRICT
..
517 East Hopkins Avenue Suite 100 Aspen CO 81611
(970) 925-3475 FAX (970) 925-4754
Suzanne Wolff
Pitkin County Community Development Department
130 South Galena Street
Aspen CO 81611
June 26, 2006
Re : Fifield Subdivision Conceptual Submission
Dear Ms. Wolff:
I have carefully reviewed the materials submitted to Pitkin County Community Development, for
application being made by Betsy Fifield. The property at 350 Eagle Park Drive does lie within the
boundaries of the Buttermilk Metropolitan District.
Buttermilk Metropolitan District provides maintenance to the roads that lie within the District, including
West Buttermilk Road, Eagle Pines Drive, and Eagle Park Drive. To ensure the protection of the
roads for the duration of construction, the District requires payment of a Heavy Vehicle Use Fee prior
to beginning use of District roads for the purpose of construction. Any construction work that may
involve cutting of District roads must receive advance approval from the District.
Utility extensions requiring excavation in the roads must be performed and completed in compliance
with District standards and specifications. Acquiring easements required for the completion of work
on District roads, utilities, etc. are the responsibility of the applicant. The District will cooperate with
applicant with regards to necessary easements.
Should water service be unavailable from the City of Aspen, an application for water service can be
submitted to the Buttermilk Metropolitan District through our office at the phone number above.
Thank you for your attention to this matter.
Regards,
Client\files\Districts\BMD\Customers\Fifield Constr 06 Jun 26 .doc
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MEMORANDUM
TO:
Suzanne Wolff, Community Development Department
FROM:
Cindy Christensen, Housing Office
DATE:
May 16, 2006
RE:
Fifield Special Review, 1041, CDU, GMQS Exemption, TDR Request, etc.
ParcellD No. 2735-102-00-007; P062-06
ISSUE: The applicant is requesting approval to subdivide a 26.8-acre parcel into two lots and
obtain development rights for a house up to 15,000 square feet by utilizing a TDR receiver site for
construction of a single- family residence and a caretaker dwelling unit.
Mitie:ation Requirement:
According to Ordinance No. 023-2005, Adopting a Revised Employee Housing Impact Fee
Schedule and Repealing Existing Provisions of the Land Use Code Relating to Affordable
Housing Mitigation or Impact Fees, residential structures 5,750 square feet or less are not required
to pay an impact fee. The applicant is proposing to construct a new residence up to the maximum
15,000 square feet via an approval of the property as a receiver site for one TDR.
Ordinance No. 023-2005 requires an impact fee for any development larger than 5,750 square feet.
Development of a 15,000 square foot residence would require an impact for a full-time resident
would be around $17,131.35 and for 2nd homeowners would be around $82,725.
CARETAKER DWELLING UNIT: According to Section 9-11O.04ICI, Attached and
Detached Caretaker Dwelling Units, and Ordinance No. 37-2004, the Community Development
Director may permit a Caretaker Dwelling Unit up to 1000 net livable square feet on a lot in the
R030, AFR-2, AFR-IO, RS-20, RS-30 and RS-160 zone districts, unless there is a timely objection
pursuant to Section 9-150-40 in which the Board may approve or deny. The unit may be attached
or detached and all such units may be approved under the following conditions and limitations:
I. The unit does not exceed 1000 square feet of floor area.
2. The floor area of the caretaker unit shall be included in the total allowed floor area for the
lot or parcel ofland.
3. There shall be provided one off-street parking space for each bedroom within the principal
dwelling and one off-street parking space for each bedroom in the caretaker unit.
4. The applicant shall, by deed restriction or other permanent commitment running with the
land, guarantee that the caretaker unit shall not be required to be rented; not be sold or
otherwise conveyed or separated from the original parcel regardless of the ultimate form of
ownership of the caretaker unit; be limited to occupancy by not more than two adults and
~~
related children, who qualify as (and have been found by the Housing Authority to be)
employees of the community under such guidelines as may be from time to time established
by said authority; be rented for terms not less than six months if rented. The caretaker
dwelling unit may be occupied by members of the immediate family even though they may
not qualify as employees of the community. "Immediate family" shall mean a person
related by blood or marriage who is a first cousin (or closer relative) and his or her children.
5. The caretaker dwelling unit restriction may be removed by the property owner upon
approval of the Community Development Director, subject to the requirement that the
dwelling is removed or modified. If modified, the remaining improvements must no longer
be capable of occupancy as a dwelling unit and must meet otherwise applicable Code
requirements.
RECOMMENDATION: Staff recommends approval with the following conditions:
I. An impact fee based on whether a full-time residence or second homeowner would be due
at the time of building permit approval. Proof of payment of the impact fee shall be
provided to APCHA.
2. With regards to the caretaker dwelling unit:
a. Conditions I through 5 stated above are met.
b. The kitchen contains a minimum of a two-burner stove with oven, standard sink,
and a refrigerator plus freezer. The oven must be able to bake and broil and be at
least 5 cubic feet; the sink must measure at least I 4"WX I 6"DX5 .25"H; refrigerator
must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer, as defined
in the Employee Housing Guidelines.
c. A copy of the floor plans for each of the caretaker dwelling units is provided to
APCHA showing the location of the kitchen.
d. A deed restriction shall be recorded prior to issuance of a building permit.
e. Upon completion of the unit, but prior to Certificate of Occupancy, staff may
conduct an inspection of the unit for compliance.
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Aspen Fire Protection District
420 East Hopkins Avenue
Aspen, CO 81611
970-925-2690
Memo
To: Suzanne Wolff, Community Development Department
From: Ed Van Walraven, Fire Marshal
cc:
Date: April 26, 2006
Re: Fifield PID# 2735-102-00-007; Case# P062-06
Suzanne,
This project shall meet all of the codes and requirements of the Aspen Fire Protection District.
This includes but is not limited to Fire Department Access (Intemational Fire Code 2003
Edition Section 503), Tuming around of fire apparatus (IFC Section 503.2,5), an approved fire
sprinkler system shall be provided (IFC as amended Section 903), Water supply, a minimum
of 20,000 gallons (IFC Section 508), and detailed wildfire mitigation plans for both
landscaping and structural standpoints shall be submitted.
Please note that proximity to an existing fire hydrant must be verified to mitigate the necessity
of the 20,000 gallon water supply requirement
Please have the applicant contact the Fire Marshal's Office for specifications on the above
requirements.
/1;['
Ed
"
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;1
OS/24/2006 04:50
9709255180
DAVIS HORN
PAGE 02/02
Since 1975
AVON OFFICE:
Avon 10\0,'1\ Sq\JQrc:. Unit 104
0070 Bcnchml1rk Rl1ild
Po~l Office Bo"," 5450
Avon, CQforado 81C);!O
Tc:lcphone (970) 94.9~0707
f;u;:similc: (970) 949-llllD
BASALT OffICE
\ 10 Mi.dland AVl:nuc, SI.lLte.10J
Basalt. ColtJl1lao 8' 621
1'elephonc (970) 927-l9J6
Facsimile (970) 927-17&3
ASPEN OfFICE
60\ East H)'man AVEn\le
Aspen, Colorado B 1611
Telephone (970) 9:2.5-1936
Fac~lmile (?70) 925-3008
GLENWOOD SPRINGS OffICE
The Deriver Cl:ntre
420 Scyel'llh Slretl, Suite 100
Glenwood Spting5. Colorado 8160 I
Ti:l..phoot' (970} 9.47_1936
Facsimil€ (970) 947-1937
GARFIELD & HECHT, P.C.
ATTORNEYS AT LAW
www.garfleldhecht.c:oJIl
John D, Belkin, Esq,
Basalt Office
ibelkill(Q)J!arfieldhecht, com
March 2, 2005
VIA V,S. MAIL &
E-MAIL lJEUVERY
Ms. Betsy Fifield
350 Eagle Park Drive
Aspen, CO 81611
Rc: Proposed Two-lot Subdivision / Pfister Meadows - Lots 3, 4, 9 and 21
("Pfister Meadows")
Dear Betsy:
At your request we have reviewed the title work for Pfister Meadows respecting
the proposed two-lot subdivision that you are planning with the assistance of Glenn Hom
with Pavis Horn, Inc.
Based on our review of the title work for Pfister Meadows, vehicular access to a
second residence and caretaker dweJ.ling unit is permitted.
If you have any questions respecting our review the title work or would like to
discuss this matter in greater detail, please do hesitate to contact the undersigned.
Best regards,
JDB/kg
cc: Glenn Horn (Via E-mail Delivery)
...
@Priptedonrel.:Yc\etlp:lper
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DavisHom~c;.
PLANNING & REAL ESTATE CONSULTING
March 16,2006
Suzanne Wolff AICP
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Fifield Property: Conceptual Subdivision, 1041 Environmental Hazard Review,
Growth Management Exemption, Ridgeline Review, Caretaker Dwelling Unit
Review (CDU) and Special Review for the CDU and to Use TDRs for a New
Development Right and Additional Floor Area (350 Eagle Park Drive - Parcel ID:
2737 102 00007)
Dear Suzanne:
Davis Horn Incorporated is submitting this land use application of behalf ofthe applicants, Jim
and Betsy Fifield, owner of the 26.8 acre property previously known as Pfister Meadows. The
property is a metes and bounds parcel zoned AFR-I 0 and is located at 350 Eagle Park Drive near
the top of West Buttermilk Road. It has been referred to as the "hole in the doughnut" as it sits in
the middle of the Eagle Pines Subdivision. Please refer to Attachment I for a vicinity map
depicting the location of the property and Attachment 2, the tax assessor card showing the owner
of the subject property and the legal description. One copy ofa lengthy title policy is found at
the end of this document, Attachment 16.
The applicant wishes to subdivide this 26.8 acre subject parcel into two lots, one lot containing
the existing residence and a second vacant lot where the applicant proposes to land a TDR for the
development right and use further TDRs for additional floor area up to the maximum allowed in
the zone district. This land use application requests approval for Conceptual Subdivision, 1041
Hazard Review, Growth Management Exemptions, Ridgeline Review, a Caretaker Dwelling Unit
(COU) and Special Review for the CDU and for a Receiver Site to use TDRs.
This application includes the following sections:
" Background;
" Existing Conditions;
" Project Description;
" Land Use Reviews; and
" Summary.
ALICE DAVIS AICP I GLENN HORN AICP
21 S SOUTH MONARCH ST. . SUITE 104' ASPEN, COLORADO 81611 '970/925-6587' FAX: 970/925-5180 ~ a
adaviS@rof.net ghorn@rof.net r [
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BACKGROUND
The applicants, James and Betsy Fifield, are the owners of the approximately 26.8 acre parcel
formerly known as Pfister Meadows. The Property is located off of West Buttermilk Road in
Pitkin County and is completely surrounded by, but is not part of, the Eagle Pines Subdivision.
The Fifields purchased the subject property in 1991. Previously, the property had be.en owned by
Art and Betty Pfister. When Eagle Pines Subdivision was planned and approved, the Pfister
Meadows property was left as an untouched enclave in the middle of the Subdivision.
When the Pfisters owned the property, a 1041 Hazard Review with a building envelope was
approved on August 14, 1990. The memorandum of approval ofthe Elizabeth Pfister Minor
1041 Hazard Review is found in Attachment 3 with the approved 1041 Site Plan (Plat Book 24,
Page 70) found in Attachment 4.
There have been two amendments to the Elizabeth Pfister 1041 Site Plan. The first amendment
was approved on April 28, 1993. The memorandum of approval and the approved, amended site
plan (Plat Book 31, page 83) are found in Attachments 5 and 6.
A second amendment to the Elizabeth Pfister 1041 Site Plan was approved on June 14, 1993.
The Eagle Pines Subdivision and the originally approved Elizbeth Pfister Site Plan for the subject
property showed conflicting accesses and the second amendment resolved this conflict. This
second amendment to the Elizabeth Pfister Site Plan is found in Attachment 7, is recorded at Plat
Book 32, Page 3 and supersedes the first two site plans mentioned above. (Plat Book 24, Page 7
of August 14, 1990 and Plat Book 31, Page 83 of April 28, 1993). The approved Eagle Pines
Subdivision Plat which surrounds the subject property is found in Attachment 8.
In July of 1993, the Fifie1ds had a building permit for the construction of a 15,000 square foot
house. As the final floor area calculations were over 15,000 square feet, the Fifields submitted a
request for Special Review approval for an additional 2,750 square feet which would not have
increased the visual or environmental impacts. Most of the additional square footage was below
grade or internal space. Though staff recommended approval, the Board of County
Commissioners denied the request. Resolution 93-129, the resolution of denial, is found in
Attachment 9 to this application. A review of the Planning Office files indicates that since the
Fifieds were one of the first to build in the area (1993), the BOCC wanted to avoid the precedent
of allowing over 15,000 square feet in the neighborhood until the impacts of a larger home were
actually seen after construction. They wanted to see how the 15,000 square foot Fifield residence
already approved would impact the visual and ridgeline concerns. As a site inspection will show,
the property was well designed and built to minimize visual and ridge line concerns.
At this time, the owners are proposing a subdivision of the 26.8 acre subject property to create a
lot with 15.3 acres around the existing home and to create a second, vacant lot of approximately
11.6 acres. The new lot and the proposed building envelope have been planned to avoid the
ridgelitte and to minimize visual and 1041 impacts as much as possible. As the owners of the
existing home, the Fifields did an excellent job planning, designing and building the existing,
15,000 square foot home; only minimal impacts to the ridgeline and scenic corridor were created.
The most visible portions of the property (primarily the large, open meadow visible from up and
down Highway 82 and the City of Aspen) were avoided for the existing home and for the
proposed building envelope for the new, proposed lot.
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EXISTING CONDITIONS
The subject property is located approximately 2.3 miles from Highway 82, 1.8 miles to the top
of West Buttermilk Road, then approximately one half mile down Eagle Park Drive. The 26.8
acres falls mostly above Eagle Pines Drive, though there is a small portion of the lot below Eagle
Pines Drive where two driveway easements accessing Eagle Pines lots are in place. Please refer
to Attachment 3 which serves as the Fifield Conceptual Subdivision and 1041 Environment
Hazard Review Site Plan.
Improvements include an existing house and landscaping. There are two entrances to the
residence, one to the garage and a second driveway to a parking area with a walkway to the front
entrance,
Access to the subject property is via Eagle Park Drive, a privately owned road, privately
maintained by the Eagle Pines Home Owner's Association. The property is served by the City of
Aspen for domestic water and has an on-site waste water disposal system for the existing home.
Attachment 3 shows existing conditions and the Conceptual Subdivision site plan. As shown,
the subject property falls in the middle on the Eagle Pines Subdivision where all but two lots
have been developed with high end, larger, luxury homes. The existing house sits to the side on
a slight ridge on the property, barely visible from Highway 82. The new, proposed Lot 2 falls
down from the ridge as well, but toward the Highway 82 side of the property, Though this
section of the property is more visible from Highway 82, the property is screened by existing
houses in front of the lot. There is a large, beautiful, open meadow on the property which gave
the site its name, Pfister Meadows, after the previous owners. This meadow is seen from up and
down Highway 82 and has been avoided in planning the location of the second lot and the
subdivision boundary line.
The site is vegetated with mountain grasses, serviceberry, stands of aspen and some clusters of
conifers. The existing conifers offers excellent visual screening.
PROJECT DESCRIPTION
The applicant is seeking land use approvals to subdivide the 26.8 acre subject parcel into two
lots. Lot I contains 15.3 acres and encompasses the existing residence. Lot 2 contains 11.6
acres, is ttorth of the ridge and is unimproved. The applicant wishes to obtain a new
development right for 5,750 square feet for Lot 2 by landing a Transferable Development Right
(TDR) on this lot which will be exempt from Growth Management (Section 3-150.160). The
applicant is also seeking approval to use four additional TDRs to expand the 5,750 square foot
house up to the maximum allowed in the zone district, 15,000 square feet. Approval is also
requested for 1041 Environmental Hazard Review for this new parcel. The building envelope for
the existing residence on Lot I is to be updated to include access and landscape envelopes as
these accessory envelopes were not required when the existing building envelope was
established. The revised proposed building envelope for Lot I will be 1.4 acres plus an access
and landscape envelope surrounding the current access drive and an landscape envelope northeast
of the building envelope. The building envelope on Lot 2 is 2.8 acres and encompasses land
between the existing house and Eagle Pines Drive. The more visible portions ofthe 26.8 acre
site have been avoided, including the large open meadow south and east of the existing residence.
See Attachment 3 for the Fifield Site Plan.
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The appropriate sections of the Pitkin County Land 'Use Code will be addressed to obtain
approval for the creation of the two lots, the two building envelopes, access and landscape
envelopes, and a GMQS exemption for the utilization of a TDR for a development right. The
proposed access and landscape envelopes encompass existing access and utility easements and
are also intended for landscaping. Special Review for a Caretaker Dwelling Unit and Ridgeline
Review for the new lot is also requested at this time. Though architectural drawing are not
available, story poles will be erected as the weather permits, to determine the most precise, least
impactive building envelope for Lot 2. The precise building envelope will be mapped during the
Detailed Submission process.
LAND USE REVIEWS
This section of the application demonstrates consistency and compliance with the following
Pitkin County Land Use Code provisions identified in the applicant's pre-application conference.
The pre-application conference summary is found in Attachment 4.
1. Article 2: Policies;
2. 3-60 Environmental and Aesthetic Standards (Mapped Ridgeline);
3. 3-70 Water Resources;
4. 3-801041 Hazard Review;
5, 3-110 Improvements and Services;
6. 3-120 Impacts on Taxes and Management of Necessary Services;
7. 3-130 Development Exactions;
8. 3-180 Improvement Agreements;
9. 9-110-041(C) Caretaker Dwelling Unit;
10. 3-210 Special Review for a TDR Receiver Site and CDU; and
11. 3-310 TDRs;
12. Article II: Employee Housing Impact Fee.
Article 2 Land Use Policies
and
Land Use Standards
The following sections demonstrate consistency of the proposal with Pitkin County Code policies
in Article 2 and the applicable standards identified in the pre-application conference. The
standards that are related to a similar policy are addressed with that policy.
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Policy 2-10 Community Balance
The proposed development does not negatively impact the Community Balance policy.
Policy 2-20 Comprehensive Plan
This policy is not applicable.
Policy 2-30 Conformance with Comprehensive Plan
The subdivision of this 26.8 acre parcel in the AFR-I 0 zone district with a minimum lot size of
10 acres is consistent with the Aspen Area Community Plan and was anticipated in the Plan. The
Plan encourages development at zoned density. Though adjacent to and just outside the Urban
Growth Boundary, due to the character of the area and availability of Municipal Water Service,
the subject and neighboring Eagle Pines Subdivision may soon be considered for inclusion in the
UGB when the UGB boundary is revisited by Pitkin County. The proposed lots will be consistent
with development in the neighborhood and conforms to the Plan.
Policy 2-40 Growth Rate: Phasing of Public Services and Facilities;
The subdivision and building envelopes proposed are consistent with this policy. Obtaining the
second development right through the TDR process is consistent with the Growth Management
Exemptions for Pitkin County and therefore is, consistent with the growth rate and phasing of
public services and facilities policy. City of Aspen water is already available to the site. There is
an existing on-site waste water disposal system for the existing residence and a new system is
proposed for the second lot. All meet or will exceed all regulations and requirements for these
utilities.
Policy 2-50 Development or Expansion of Ski Areas
This policy is not applicable to the application.
Policy 2-60 Compatibility with Existing Adjacent Neighborhoods
The proposed subdivision creates an 15.3 acre lot around the existing residence and a new 11.6
acre lot adjacent with a development right from a TDR.
The existing home is well sited. It was well planned and designed to minimize visual impacts
and blend in with the surrounding area and vegetation. The new home and CDU on Lot 2 will
be similarly well planned and designed and will be compatible with existing residential uses in
the neighborhood.
Policy 2-70 Conformance with other Laws
The proposed development will be in conformance with all applicable laws of the United States
of America and the State of Colorado.
Policy 2-80 Natural and Man-made Hazard and Resource Areas
Hazards are addressed later under Section 3-80 of this application. Geologic (slopes) concerns
and wildfire are the identified hazard areas which will be addressed. The applicant will agree to
all standards and reasonable conditions necessary to mitigate the wildfire hazard and slope
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constraints on the property. There is no mapped wildlife habitat on the site.
Policy 2-90 Soil, Geologic Characteristics and Radiation
A slope analysis of the property is found in Attachment 12. Steep slopes, including slopes over
30% in grade, will be avoided. There are some small pockets of steeper slopes, anoqlalies within
the proposed building envelope for Lot 2, which are not significant. The proposed building
envelope encompasses the least steep and most appropriate areas for development.
Site specific soils tests will be done as part of the building design process and the applicant will
mitigate for potentially unstable slopes and radiation. Refer to Section 3-80 where these issues
are also addressed.
Policy 2-100 Drainage
A drainage plan will be submitted with the building pehnit application for Lot 2 and the CDU.
Drainage will be sufficient to conduct surface and ground water, away from foundations and
other critical installations. Final grading and landscaping will be designed and constructed in
such a manner as to convey water, including snowmelt, away from structures.
Policy 2-110 Erosion
Standard erosion control practices shall be utilized during site development.
Policy 2-120 Scenic Quality
Standard 3-60 Environmental and Aesthetic Standards (Scenic Overlay)
The proposed subdivision and development will not increase visual impacts at this time. We
have conceptually located a site for Lot 2 which will have minimal impact on the scenic
ridgeline. A more thorough Ridgeline Review will be completed in the spring, as weather
permits. Story poles will erected at that time, as necessary, to fully evaluate and address
ridgeline concerns. At this time, it does appear that a structure on Lot 2 will break the ridgeline,
and that the neighboring homes and existing conifers will adequately screen a future residence on
Lot 2. The building envelope proposed is the most appropriate given all the constraints of the
site, with ridge1ine concerns given strong consideration. The large, open meadow on the site was
avoided due to a concern for visual and ridge1ine impacts.
Policy 2- 130 Air Quality
There will not be any additional impacts on air quality resulting from the proposed development.
Policy 2-140 Water Resource Impacts
Major water resources will not be impacted by the proposal.
Policy 2-150 Noise
The activities proposed for the site will comply with Pitkin County noise standards.
Policy 2-160 Wildlife Management
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The proposed site is not within critical wildlife habitat.
Policy 2-170 Adequate Provision For Water Needs
Standard 3-110-30 Water Distribution Systems
Standard 3-110-40 Water Supply Systems
Water service is provided to the site by the City of Aspen Water Department for the existing
house. Glenn Horn of Davis Horn Inc. has discussed water service with Phil Overeynder of the
City of Aspen Water Services Department and John Worcester, City Attorney. They indicated
that the City could provide water to the proposed Lot 2 as well. Interior water and water for fire
protection is not at issue. Water for landscaping is of concern, so the landscaping area to be
watered with city water will be limited to approximately 5,000 square feet of landscaping.
Policy 2-180 Sewage Treatment
Standard 3-110-50 Sewage Treatment and Collection
An on-site waste water disposal system exists for the existing house and a new system will be
developed on-site for Lot 2 for the free market unit and the CDU. The system will comply with
all applicable regulations.
Policy 2-190 Impacts on Road System;
Policy 2-200 Road Design and Construction
Policy 2-230 Transportation;
Standard 3-110.70 Roads;
Standard 3-110.80 and 3-110.90 Parking and Parking Standards
The proposed development will not significantly impact the road system. Access is via West
Buttermilk Road, Eagle Pines Drive and Eagle Park Drive. Eagle Park and Eagle Pines Drive are
private roads privately maintained by the Eagle Pines Homeowners Association. Parking will
meet the required standards. Please refer to the letter in Attachment #6 from attorney John D.
Belkin of Garfield and Hecht, P,C His review indicates that vehicular access to a second
residence and a caretaker unit is permitted on these roads,
Policy 2-210 Logical Extension of Utilities
Standard 3-110.20 Logical Extension of Utilities
Standard 3-110.60 Public Utilities
No major utility extensions are available as all are available to the existing residence and will be
available to the new lot to be created. There should be no significant impact on public utilities.
City of Aspen water service is available, and is not of concern for the interior drinking water and
water for fire protection, City water used for landscaping will be restricted to 5,000 square feet
as requested by Phil Overeynder. A second, on-site waste water disposal system will be added
for Lot 2.
Policy 2-220 and Section 3-120: Impacts on Taxes and Management of Necessary Services
and Facilities
There will be minimal impacts on taxes and services.
Policy 2-240 Compatibility with Agricultural Lands and Operations
This policy is not applicable.
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Policy 2-250 Compatibility with Historical and Archaeological Resources
This policy is not applicable.
Policy 2-260 Housing
The applicant is requesting approval for a Caretaker Dwelling Unit (CDU) for Lot 2. This will
be a very desirable addition to the affordable housing inventory. 1he employee housing impact
fee will be paid prior to issuance of a building permit for the house of Lot 2, as required.
Policy 2-270 Energy Conservation
The proposed improvements will incorporate energy conserving devices which will meet or
exceed the requirements of the Code.
Policy 2-280 Compatibility with Public Lands
The proposed use will be compatible with nearby public lands, though none are in the immediate
neighborhood.
Policy 2-290 Access to Public Lands
Access to public lands through the subject site is not proposed, nor necessary.
Policy 2-300 Private Land Surrounded by Public Lands (Inholdings)
This policy is not applicable to the site.
Environmental and Aesthetic Standards: Mapped Ridgeline
Section 3-60
The subject property is within a mapped ridgeline. The proposed subdivision and the designation
of 104] building envelopes will create no significant visual impacts. The visual impacts from the
existing house are minimal as the home was well planned and designed to minimize visual and
ridgeline concerns. Only one very small part of the house is visible from Highway 82 due to
screening by adjacent homes and by a small group of large conifer trees, The existing
topography and natural vegetation was well used in the development of the home. Innovative
architectural techniques, landscaping and natural construction materials and coloring contributed
to the resulting minimal impacts to visual and ridgeline concerns. A site inspection will show
that the home on Lot I was well planned and designed to minimize these impacts.
The impacts from a new home on Lot 2 will be minimized as well with similar techniques. The
building envelope has been proposed for the least impactive location and a new home should not
break the ridgeline. Story poles will be erected in the spring, as weather permits, so the visual
and ridgeline impacts can be even more fully evaluated and addressed. At that time, the building
envelope for Lot 2 may need to be modified to ensure the ridgeline is not broken and to minimize
any other visual concerns.
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Water Resources
Section 3-70
As noted in the policy discussion, water resources will not be affected by site development.
There are not any water resources in the site vicinity.
Areas of State and Local Interest
1041 Environmental Hazard Review
Section 3-80
This section of the application addresses the 1041 Environmental Hazards. The new proposed
building and accessory envelopes on Lot 2 are in the least impactive location after considering all
potential hazards. Floodplain, historic and archaeological resource areas and wildlife habitat
areas are not found on the subject parcel. Geologic and Wildfire Hazards are addressed below.
Ridge1ine concerns have been addressed as much as practical at this conceptual stage and will be
more fully evaluated and addressed in the spring when architectural drawings are available.
The building envelope for Lot I around the existing residence has been amended from the
building envelope approved under the original approvals to reflect new requirements for access,
utility and landscape envelopes. The primary building envelope surrounds the existing structure
as reflects the as-built location ofthe structure. The building envelope shown is within the
original, approved building envelope.
Section 3-80-050 Geologic Hazard Areas
A slope attalysis of the property is found in Attachment 12. The proposed building envelope on
Lot 2 avoids the steepest and the most visible sections of the property. The building envelope
has avoided slopes over 30% to the greatest degree possible.
Site specific soils tests will be done as part of the building design process for Lot 2 and the
applicant will mitigate for potentially unstable slopes. All inhabited spaces will be designed and
constructed to prevent the accumulation of radon as well as other noxious or toxic gases. The
applicant agrees to comply with any reasonable and standard conditions which address geologic
ha'fards and potentially unstable slopes.
Section 3-80-070 Wildfire Hazard Areas
The subject site is mapped within low to moderate wildfire hazard area. The applicant agrees to
comply with the applicable mitigation condition to address low to moderate wildfire areas which
appear in Section 3-80-070 and any other reasonable and typical conditions to help mitigate the
wildfire hazard.
Improvements and Services
Section 3-11 0
Improvements and services are addressed in the policy section.
Development Exactions
Section 3-130
This section requires Affordable Housing; Parks, Recreation and Open Space; Road System (not
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applicable), trails (not applicable) and school land dedication fees for new residential
development, unless exempted. The applicant will pay all applicable, required development
exactions at the required time.
Caretaker Dwelling Unit'
Section 9-1I0-041(C)
A caretaker dwelling unit is proposed for Lot 2 of the Fifield Subdivision. At this time, it is not
known if the CDU will be attached or detached. Both are allowed in the AFR-IOzone district.
As a Special Review use in the AFR-IO zone district, the CDU will comply with the Special
Review criteria which are discussed in the following section of this application, (Section 3-210)
as well as the criteria in this section of the Code, 9-110-041 (C)(2).
The proposed CDU will comply with the required conditions and limitation of Section 9-110-
041 (C)(2). The floor area of the CDU will be included within the total floor area for the site.
There will be one off-street parking space per bedroom and the unit will be deed restricted
according to requirements.
Special Review
for a TDR Receiver Site and Caretaker Dwelling Unit
Section 3-210
This section of the land use application demonstrates compliance with Section 3-210, the process
for Special Review Uses identified in the Land Use Code. We are requesting special review
approval for a Caretaker Dwelling Unit (an administrative review pursuant to the requirements of
Section 9-110-041 (C)(2) and for the subject property to be a receiver site to obtain a TDR for a
development right for Lot 2 in the proposed Fifield Subdivision (a Board of County
Commissioners, BOCC, review). Since one of the two is a Board review and not administrative,
both can be considered at the BOCC. The General Standards and Review Criteria found in
Section 3-210-020 must be addressed. These are presented and addressed below. The standards
appear in bold followed by the applicant's response.
Section 3-210-020 A.
The special review use shall consider the applicable County Master Plan.
Technically, there is no County Master Plan covering the subject parcel. The subject property
and Eagle Pines are adjacent to the Urban Growth Boundary (UGB) and the AACP covers the
area within the UGB. The property is not identified on Map A of the Aspen Area Community
Plan AACP which depicts the boundaries of the planning area. However, Map B in the AACP,
Future Land Use Components, shows the property and the surrounding Eagle Pines Subdivision
as low density residential. This would be appropriate for the site and development will be
consistent with the low density residential development and will be compatible with surrounding
uses. Therefore, the proposed site development is consistent with the Aspen Area Community
Plan (AACP), the only applicable plan for the area. Development at zoned density was
anticipated in the Plan and therefore the two lot subdivision proposed and development of the
newly created Lot 2 with single family homes and accessory uses is consistent with the Plan. We
understand that the subject property and the adjacent Eagle Pines Subdivision will be considered
for inclusion in to the Urban Growth Boundary when the boundary is amended as the area is
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considered appropriate for such inclusion due to the availability of City of Aspen water and the
character of the area.
A COU is consistent with the intent of the AACP.
Section 3-210-020 B.
The special review use shall consider County land use policies in Article 2.
County land use policies are addressed in a separate section of this application. The proposed
TORs and COU are consistent with and is in compliance with the County's land use policies and
standards.
Section 3-210-020 C.
The special review use shall consider the intent of the Zone District in which it is proposed
to be located,
The subject site has been carefully planned to be consistent with the intent of the AFR-l 0 zone
district where it is located. The intent of the AFR-lO zone is described in the Code as:
"to maintain the rural character oflands proximate to development centers and State highways by
preserving agricultural operations, wildlife habitat and scenic quality while permitting low
density, single family dwelling units and customary accessory uses,"
The subject property is in proximity to the State Highway 82 and development centers such as
the Buttermilk Ski Area and the City of Aspen. There are no agricultural operations or wildlife
habitat considerations. The scenic quality and ridgeline issues have been considered in the
location of the building envelopes. The existing home was well designed and planned to
minimize visual impacts and maintain scenic quality. The new home and COU on Lot 2 will be
as well. The location of the proposed building envelope for Lot 2 was established to avoid
breaking the ridgeline. A more thorough evaluation of ridge line concerns will be addressed in
th<: spring, as weather permits, in order for story poles to be erected..
Section 3-210-020 D.
The special review use shall consider the character of the immediate vicinity of the parcel
proposed for development and surrounding land uses, or enhance the mixture of
complimentary uses and activities in the immediate vicinity of the parcel proposed for
development.
The proposed location of a building envelope for a single family home and COU on Lot 2 of the
proposed subdivision is completely appropriate considering the character of the immediate
vicinity of the parcel and the surrounding, similar residential uses. The proposed home and
COU both complies with this standard.
Section 3-210-020 E.
The location, size design and operating characteristics of the proposed special review use
must be in harmony with the surrounding area and minimize adverse effects including
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visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service
delivery, noise, vibrations and odor on surrounding properties.
There will be minimal adverse impacts associated with proposed subdivision of the subject
property and the resulting residential and accessory uses, The \jse will not result in significant
adverse effects upon pedestrian, vehicular circulation, parking, trash and service delivery.
There will be insignificant or no vibrations or odor resulting from the special review use. Noise
will not be louder than County standards.
Section 3-210-020 F.
There must be adequate public facilities and services to serve the special review use
including but not limited to roads, potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical services, drainage systems
and schools.
The development right for one single family home and accessory CDU use will have a minimal
impact on the services listed in this section. No significant expansion of public services or
facilities will be necessary to accommodate the impacts of the proposal. The City of Aspen has
agreed to provide water to the site and a water service agreement is underway, Water for the
interior of the new home and for fire protection are not an issue. There is some concern over the
City water to be used for landscaping and the area to be watered for this purpose will be limited
to 5,000 square feet. The lots size for most homes on City water are much smaller and require
less water for landscaping, but the applicant is working with the City of Aspen to negociate an
acceptable and reasonable limitation.
Section 3-210-020 G.!.
An application for a special review use must demonstrate to the Board of County
Commissioners that the proposed development will not materially endanger the public
health, safety or welfare.
Adding one free market dwelling unit with additional square footage up to the maximum
allowed in the zone district plus a Caretaker Dwelling Unit in this appropriate location will not
endanger public health, safety or welfare. The residence will be built in compliance with
building codes and other applicable codes.
Section 3-210-020 G,2.
An application for a special review use must demonstrate to the Board of County
Commissioners that the proposed development will not substantially injure the value of
adjoining or abutting property.
The CDU and the exempt development right obtained through a TDR and TDRs for additional
floor area will not injure the value of adjoining or abutting property and will more than likely
enhance values when a new home is developed.
Transfer of Development Rights Receiver Site
Section 3-310
The applicant is requesting approval for the subject property to be a receiver site to obtain a TDR
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for a new development right for 5,750 square feet the newly created Lot 2 in the proposed Fifield
Subdivision, plus four additional TDRs to expand the new home up to 15,000 square feet. This
section of the land use application demonstrates compliance with the applicable sub-sections of
Section 3-310 Transfer of Development Rights (TDRs). As a metes and bounds parcel adjacent
to the Urban Growth Boundary and outside the Rural and Remote Zone District, the subject
property is an acceptable receiver site for TDRs.
Section 3-310-010 Purpose and Applicability
Section 3-310-010 A. Purpose
The purpose of this transfer of development rights provision is to provide for the
protection of lands within the RurallRemote Zone District and to provide the owners of
property within the district with a program of equitable mitigation which assures property
owners of an economically beneficial use of their property. The program of equitable
mitigation is achieved by making development rights appurtenant to lands within the
RurallRemote Zone District transferable to other lands within Pitkin County where
development is more appropriate in accordance with all applicable Pitkin County land use
regulations, codes and plans.
The subject site is located outside the Rural/Remote Zone District in an area developed with
homes similar to that proposed for the receiver site. The two new lots created will be 11.6 acres
for Lot 2, the vacant parcel seeking TDRs for development and 15.3 acres for the Lot I
surrounding the existing house. The site is easily accessible to all utilities and essential services.
The subject site is a much more appropriate place for larger homes than properties located in the
Rural/Remote zone district where the TDR will originate before it is transferred to the subject
property. The subject site is adjacent to the Urban Growth Boundary (UGB) and is to be
considered for inclusion within the UGB at tsome time in the future when amendments to the
Boundary are considered.
All applicable land use regulations, codes and plans are addressed in this land use application.
Se~tion 3-310-010 B. Applicability
Development rights shall be transferable from any preservation site within the
RurallRemote Zone District to any approved receiver site. A receiver site for TDRs shall
comply with the standards and criteria of this section and be approved by special review
pursuant to Subsection 3-210-010
This application seeks approval of the subject site as a receiver site. The application
demonstrates compliance with Code standards in this section of the Code and the special review
standards. The special review standards were addressed previously in this application.
Section 3-310-020 A. General Standards and Criteria for Preservation Sites
This Code section is not applicable to the subject site. This application seeks approval of a
receiver site.
Section 3-310-020 B. General Standards and Criteria for Receiver Sites
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This section of the land use application will demon~trates compliance with Section 3-310-020 B,
the standards and criteria for receiver sites.
Section 3-310-020 B.1.
Receiver Site Must Obtain Special Review Approval: No development of a receiver site
with TOR's shall be carried out unless such development complies with the standards and
criteria of this section and has been approved by special review pursuant to Subsection 3-
210-010
The applicant has demonstrated compliance with the special review standards of the Code which
were addressed in a previous section of this application.
Section 3-310-020 B.2.
Receiver Site Has Potential to Receive TORs: In addition to any other use permitted by the
applicable zone district, a receiver site shall be eligible for development with TORs. The
transfer of a TOR to a specific receiver site shall be accomplished through the procedure
outline in Subsection 4-60-095.
The subject site is eligible to receive TDRs. The applicant is seeking approval as a receiver site
for Lot 2 of the proposed Fifield Subdivision in order to land a TDR for a dwelling unit on this
new 11.6 acre lot plus four more TDRs to increase the floor area from 5,750 up to the maximum
allowed in the applicable AFR-IO Zone District, 15,000 square feet. The TDRs will be obtained
through the procedures outline in Subsection 4-60-095 of the Code.
Section 3-310-020 8.3.
Receiver Site Located Anywhere in Pitkin County: A receiver site may be located
anywhere in Pitkin County, subject to that standards and criteria of this section and special
review criteria of Subsection 3-210-010.
This standard establishes that the subject site is eligible as a receiver site subject to compliance
with this section of the Code and with the special review standards which were addressed
previously.
Section 3-310-020 B.4.
Uses Proposed on Receiver Site Must Be Consistent with Underlying Zone Oistrict: Except
as expressly authorized in this section, all development of tbe receiver site shall comply
with each and every requirement of the applicable zoning district regulations.
Site development will be in compliance with all applicable zone district standards and
requirements in effect at the time the application is submitted.
Section 3-3 I 0-020 8.5.
Aggregation of TORs Permitted on Single Receiver Site: Multiple TORs may be allowed
through special review to be aggregated from different preservation sites for development
on a single receiver site, provided that the bulk area restrictions of the underlying zone
district of the receiver site may be exceeded only as authorized by this provision.
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The applicant proposes developing a single family home and accessory uses pursuant to the area
and bulk restrictions of the applicable AFR-I 0 zone district. One TDR is requested for the new
development right and four more to increase the floor area up to the maximum allowed for the
AFR-IO zone district, 15,000 square feet. The lots in the surrounding area, including Eagle Pines
Subdivision, all have larger homes similar to that requested for the subject property.
Employee Housing Impact Fee
Article 11
The applicant agrees that the appropriate employee housing impact fee will be paid when a
building permit application for Lot 2 is issued.
SUMMARY
The applicant is the owner of26.8 acre metes and bounds parcel zoned AFR-IO and located at
350 Eagle Park Drive off the top of West Buttermilk Road. The applicant is requesting the
necessary land use approval to subdivide this 26.8 acre parcel into two lots with designated
building envelopes, one lot containing the existing residence and a second vacant lot where the
applicant proposes to land a TDR for the development right and four more TDRs to add
additional floor area up to the maximum size allowed in the applicable AFR-I 0 zone district..
Therefore, this application requests land use approvals for Conceptual Subdivision for the Fifield
Subdivision, 1041 Environmental Hazard Review, Special Review for a CDU and a TDR
Receiver Site and approval for TDRs for additional square footage on Lot 2 of the proposed
subdivision. The applicant has shown consistency with the policies in Article 2 of the Land Use
Code, compliance with the applicable standards in Section 3-60, 3-70, 3-80, 3-110, 3-120, 3-130
and 3-180 of the Code, and the Special Review standards and criteria for a CDU, a TDR receiver
site and TDRs for additional square footage up to that allowed in the zone district. (Sections 3-
210 and 3-310).
This letter and the attachments have demonstrated compliance with the Land Use Code standards
identified and we request approval for the proposed subdivision and development reviews.
Th'e following attachments are included:
Attachment #1:
Vicinity Map;
Attachment #2:
Proof of ownership;
Attachment #3:
Fifield Conceptual Subdivision and 104] Hazard Review Site Plan
(II" x 17" and 24" x 36")
Attachment #4
Eagle Pines Subdivision Plat and various minor amendments to portiotts of
the Eagle Pines Plat; (II" x17" - 6 pages);
Memorandum of Approval: Elizabeth Pfister I 041 Site Plan from
August] 4, 1990;
Elizabeth Pfister] 041 Site Plan (I]" x IT' and 24" x 36");
Attachment #5:
Attachment #6:
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Attachment #7:
Attachment #8:
Attachment #9:
Attachment #10:
Attachment # II :
Attachment #12:
Attachmettt #13:
Attachment #14:
Attachment #15:
Attachment #16:
Memorandum of Approval: Elizabeth Pfister 1041 Site Plan - First
Amendment;
Elizabeth Pfister! 041 Site Plan - First Amendment
(11" x 17" and 24" x 36");
Elizabeth Pfister 1041 Site Plan - Second Amendment
(11" x 17" and 24" x 36");
Resolution #93-129 Denying a Special Review request to construct a
single family residence greater than 15,000 square feet;
Fifield Property Slope Analysis;
Pre-application Summary Sheet;
Letter from the Jim and Betsy Fifield, owners of the subject property,
authorizing Davis Horn Incorporated to submit a land use application on
their behalf and to represent them in the land use review process;
Signed Fee Agreement;
List of Adjacent Property Owners; and
Title Policy showing ownership and legal description. One copy.
Please contact us if you would like additional information or clarifications.
Sincerely,
DAVIS HORN INCORPORATED
YJ A
GLENN HORN AICP ,
CuU-t ~
ALICE DAVIS AICP
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~arcel Detail
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http://www . pitkinassessor .org/ assessor/Parcel. asp? Accou...
ATTACHMENT 2-
Pitkin County Assessor/Treasurer
Parcel Detail Information
Assessor/Treasurer Property Search I Assessor Subset Query I Assessor Sales
Search
Clerk & Recorder Reception Search
Basic Building Characteristics I Tax Information
Parcel Detail I Value Detail I Sales Detail I Residential/Commercial
Improvement Detail
Land Detail I Photographs
Tax
Area
Account
Number
Mill
Levy
33,73
Parcel Number
090
R013215
273510200007
Owner Name and Address
FIFIELD JAMES GUY & BETSY
350 EAGLE PARK DR
ASPEN, CO 81611
Legal Description
SECT,TWN,RNG:I0-10-85 DESC: PFISTER
MEADOWS A PARCEL OF LAND LOCATED IN
SEC 10-10-85
Location
L\(P
3/3/20062:05 PIv
:arcel Detail
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http://www . pitkinassessor .org/assessor/Parcel.asp? Accou.
Physical Address: IW BUTTERMILK RD ASPEN
,
Subdivision:
Land Acres: 126.794
Land Sq Ft: 0
Section
10
Township
10
Range
85
Property Tax Valuation Information
Land:
Actual Value
5,000,000
8,728,000
13,728,000
Assessed Value
398,000
694,750
1,092,750
Improvements:
Total:
Sale Date: 5/14/1991
Sale Price: 1,900,000
Basic Building Characteristics
Number of Residential 1
Buildings: I
Number of Comm/Ind 0
Buildings:
Residential Building Occurrence 1 Characteristics
CARPORT: 337
STORAGE AREA: 1,548
2ND FLOOR: 2,498
ROOF DECK: 1,833
\\~
3/3/20062:05 PM
arcel Detail
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http://www . pitkinassessor .org/ assessor/Parcel.asp? Accou...
FINISHED GARAGE 1 674
HEATED: '
FINISHED BSMT: 2,642
FIRST FLOOR: 8,979
Total Heated Area: 14,119
SINGLE FAM
Property Class: RES-IMPROYEMEN
Actual Year Built: 1995
Effective Year Built: 1996
Bedrooms: 5
Baths: 6.5
Quality of Construction: EXCEL T 13+
Exterior Wall: STONE YEN
Exterior Wall:REINF CONC
Interior Wall: DECORA TIYE
Floor: CONC FINSH
Floor: CERAMIC TL
Heat Type: FORCED AIR
Heating Fuel: BASE
Roof Cover: PROPANEL
Roof Structure: IRREGULAR
Neighborhood: BUTTERMILK AREAS
Super Nbhd: WEST ASPEN
Tax Information
Tax Year
1997
1997
1997
Transaction Type
Tax Amount
Tax Payment: First Half
Tax Payment: Second Half
Amount
$14,677.74
($7,338.87)
($7,338.87) .
4{
3/3/2006 2 :05 PM
Legend
- ~
2004 2ft Contours 1_ ... Subdivisions
..... Dnves o Site Plan
- Roads 0-15% Slope
15-30% Slope
Water
"Structures
C]parcets
30-45% Slope
_ >45% Slope
N
62.5 125.
. I W E
Feet
,
ThiS mapldrawmglimage is a graphical representation
of the features depicted and is not a legal
representation. The aCOJracy may change
depending on the enlargement or reduction.
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ATTACHMENT
5_
MEMORANDUM
TO:
File
FROM:
Cindy Rouben, Senior Planner
RE:
"Pfister Meadow" Minor 1041 Hazard Review
DATE:
August 14, 1990
===~=======~====================================================
REQUEST: To construct a single-family home on a 20+ acre parcel
known as the "Pfister Meadow". The parcel contains steep slopes
which are a potential 1041 hazard.
LOCATION: The Pfister Meadow is located east of West Buttermilk
Road, approximately 3/4 mile south of the existing Pfister gate.
The parcel is surrounded by the Aspen/Buttermilk SUbdivision/PUD.
The parcel is more specifically described in Exhibit "A",
attached.
STAFF FINDINGS:
1. The parcel is a legally created parcel and has not merged
with adjacent properties.
2. The proposed building envelope is not located on slopes in
excess of 30%.
3. The building envelope does not contain any other 1041
issues.
4. The proposal is to access the site via the Aspen/Buttermilk
PUD. The Aspen/Buttermilk PUD received an amendment to
their PUD approval which, among other things, accompl ishes
the desired access to this site. The applicant has supplied
proof of access to the site via the Aspen Buttermilk PUD.
5. The parcel and proposed building envelope is located on a
ridgeline and will be highly visible from the City of Aspen
and along the Highway 82 corridor. The BOCC is in the
process of adopting amendments to the Scenic Foreground
regulations which will include regulations which require
ridgeline development review. It has been determined by the
county Attorney that approved 1041 Hazard Reviews including
building envelopes will not be subject to the Scenic
overlay/Ridgeline Regulations. Therefore, this parcel will
not be subject to Scenic overlay/Ridgeline review.
RECOMMENDATION:
Hazard Review.
Approval of the "Pfister Meadow" 1041 Minor
5~
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APPROVED:
filememo.pfistermeadow
2
DATE:. (J;LtJ' If, ;cle;o
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GORRECT ~t' COI\IiF'l..!:\i: p~p cr. t i(\4' ht-l AflD l'i.E~',E'i,
AS Sl'tOlK'" H~MEON, "'.11=.1 SAIl.> SITl PlAN ..':"l;; ..../>OC ''lQiV
Ar> ACCURATE $UliVEY 0" 'HE HIi:f\t'O!> nnC~IBEr- "~,ll,l
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Ar~ts~ ~HI~ SUFN[~ 15 TR'Jf All/f. C:O,liRE,,1 ,O"!"Hf;.aES~
or M'[ I\.N-:}WL[DGE AND moL ':::~ '[,J W'T"<E~E 'WHEREC' I
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TH~NCE N'rl!O 5:tE !i:! '0:. f'" ~'.-fE:N'_f. NE.f>'~"" <>S-f ;";9''''~ P
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ATTACHMENT 7
MEMORANDUM
TO:
Suzanne Konchan, County Planning Director
FROM:
Mary Lackner, Planner
RE:
Pfister Meadows 1041 Hazard Review Amendment
DATE:
March 17, 1993
===~=============================================================
ISSUE: The applicants, James and Betsy Fifield, have submitted a
request ~or an amendment to a 1041 Hazard Review which was approved
on August 14, 1990 and recorded in Plat Book 24 at Page 70.
3 .
No structure shall be built within the setbacks required in
j1
The parcel is completely surrounded by the Eagle pines Subdivision.
At the time the Pfister Meadows 1041 Hazard Review was reviewed by
the County, access to the property crossed Eagle pines roads and
entered the building envelope from the west. Subsequent to the
1041 approval, the subdivision roads were realigned and access to
the building envelope was changed to enter the envelope from' the
south. 'This 1041 amendment is to amend the earlier 1041 to
reflected the correct access road as indicated on the Eagle pines
Subdivision plat recorded in Plat Book 24 at Page 93.
After reviewing the 1041 Hazard Maps, staff finds that the new
access does not cross any 1041 hazard areas.
FINDINGS:
1. The relocated access drive is not located within any 1041
hazard areas.
2, The applicant is subject to the expiration of vested
rights on August 14, 1993.
RECOMMENDATION: Sections S-400.3(b) and 5-400.5(b) of the Land Use
Code provide that the Planning Director is authorized to approve
a site plan and application for an administrative 1041 Hazard
review. Based on the findings, Planning staff recommends approval
of the Pfister Meadows Administrative 1041 Hazard Review Amendment.
The following conditions shall be adhered to for the 1041 Hazard
Review approval:
CONDITIONS OF APPROVAL:
1. All 1041 Hazard Review issues, including Vested Rights, are
subject to the "Pfister Meadow" Minor Hazard Review approval
dated August 14, 1990.
2. This 1041 site plan supersedes and replaces the site plan
recorded in Plat Book 24 at Page 70.
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the AF-l zone district without approval by the Board of
Adjustment.
APPROVED:
2
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10401 REYJIJEW 0 SJITE PLAN
AMENDMENT
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ATTACHMENT~
------~------------
':t-;_"'E--'I;~~B.'~~ ~_,':"l"'"; ___L~':'
,DM.lti. 0 ,I.' ~,tNi:t, [Ie, ";;:;;"'.,, '~("'T:F'( ~"A' ; ;"1,, A
'l"fmSTERt.D LAND ~ljRVE'OM ~tcH:$E[; 'JNDEH THf; _"we,
0"" HE '}TA;E.;j~ COLv"'!.:IDC,il-i;'; Thl>i "\AF S... TRL:!:.
':ORRECT ;.1'4D COMPLETE Pi. A,)F A ;o.;! HAlARO'H:\;~('#
AS SHOWN H-E:REON, ,H,A" SA:C; ,SiT[ ?L.Io,~ WAS "lADE FR0M
AiII f,C~UR;"TE SliR\'!;r OF ,hE "EREur< r,GCPiBEc: f(E':"L.
..<<OPEFlT,. bi Ml t.r.D UftOER MY (t1RE'::, SU?€Rv'SIOr<; AND
.'V;~E':Tl', :'.11')\(\'" ~H( cOCA-,LON "'Nt: ::;:Mi"NSiONS OF "-li,
i;'<"r~_';o-'{ ""'iL' ':.F -'''0 ";0. }".- c,rc' :.<c :~I~I'<( i <N" ~J'E ;":',l
.\',:,~E.S3 -HIS SLlR,(f :: ,..LIE A;% .~(!kREC~ TO "'HI.- ~ 0;";-
)t MY KNOWLEDH. t.ND BE_if.f ,~~ V;;T~,f.S'> ';Nt,f.RE'''' i
'1~\'l SET MY HAND "ND SE.lL ~Hl$ Z5-LH. c'Al OF MAR ffl3.
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#364438 12/10/93 16:03 Reo $.00 BK 734 PG
811 Vl a Davl S t Pi tki n Cnty Cl er-k, Doc $.00
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, DENYING A REQUEST
FROM JAMES AND BETSY FIFIELD FOR SPECIAL REVIEW APPROVAL
TO CONSTRUCT A SINGLE FAMILY RESIDENCE
GREATER TaAN 15,000 SQUARE FEET
ResolutiOI1 # 93- /2.1
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RECITALS
1. James and Betsy Fifield (hereinafter "Applicants") have
applied to the Board of countyCommissiol1ereOf Pitkin County,
Colorado (hereinafter UB"oa:rtii') for approval to construct a
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residence
feet
than \'5"0'00 .eqilal:'. e
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greater
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Ordinance 92-08.
2. The Applicant' spar"e]}!.. :im~on.ll"referred to as Pfister
Meadows and is' more fU-11Y'.d'i~~'brJb'Eu:i:,ii1 the- attached "Exhibit
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3. The applicant's l:'equest' 1sto add 2,750 square feet to
an existing approved 15,000 square foot residence.
4. The Applicant's request was considered by the Board of
County Comulissioners (hereinafter I'Board") at a duly noticed
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public hearing on July 13, 1993.
5. After considering the evidence offered in the public
record I
including the testimony from the Appl icant' s
representative and members of the public,
t he Board
.;
entertained several motions to approve the Applicant1s
request but were unable to reach a majority vote on a motion
to approve.
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.... Silvia. Davis, Pitkin Cnty Clerk, Doc $.00
Resolution #93-~
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Board that it does
hereby deny the request of James and Betsy Fifield for a special
use permit for a residence in excess of 15,000 square feet.
DENIED ON THE ~ DAY OF JULY, 1"3.
OF
COMMISSIONERS
COLORADO
rman
By
B
Date
APPROVED AS TO FORK:
APPROVED AS TO CONTENT:
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Stlvla Davls, Pit~in Cnty Clerk, Doc $.00
BXHIBIT "Au
Fifield Special Review
Plo'akft ~Cal"lOW
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Plloter Headows. a parcel of land loceted In Lot. 3, 4. . and 21 of
Section 10, Township 10 South# Ranq8 ., Heat of the 6th princIpal
H@rldlan, in th@ CDUn~y o{ rltkln# .t.~ ot COlo~.dot ~r. fully
de.c~lb.d .~ foJlo~.:
8~lnnJ"9 et II point vb~~ t.he North 1/" corn"r of S.ction :10.
Townshl" 10 South, bhge 15 "...t 01 the 5th PrJncipal Meddlen,
bears N. 00 deq~e~. 5' .lnut.. 31 ..conde B. . di.tance of .'9.00
Ceet: thence S~ 00 de9reea " .1nut.. '1 .econda W. . dl.t8nee of
636.00 teet: ttlenc., S. 31 deqreea 51 .inut."!'. al ..conde 1f. .
distance of '03.62 feetJ thence e. If de9r... 21 .lnut.. )4 ..eonds
'W. " 4htftnee or 771'.OS..feet: thane. N. 00 ""1'... OS Minut.. 2J
seconds E. a distance or '''.t1 feet' thence". 32' de9t... U
~tnute. 05 secOnde E. a dbu"c. of 165.00 f..-t.t tM~ n. '1
deqrees 52 .1nutes ,& eeeond. E. . dt.tanc. of 1019.2. tret to the
point of be91""lnq.
T01-etMt:' with It non-e)tcludve rlg:ht to b')r..._,and ,eqUIII over ,the
"West. Butterrdlk Road" as esbbU."" by dOCUlMnt. of record.
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county of Pltkl~, State or colorado.
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ATTACHMENT 12.
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff DATE: 3/15/06
PHONE: 920-5093 E-MAIL: suzannew@co.pitkin.co.us
LOCATION: 350 Eagle Park Dr.
(off of West Buttermilk Rd)
OWNER/APPLICANT: Betsy Fifield
REPRESENTATIVE: Glenn Horn
ZONE: AFR-10
PARCEL 10 #: 273510200007
EMAIL: ghorn@rof.net
PHONE: 925-6587
Type of Application: Subdivision Conceptual Submission, 1041 Hazard Review, Scenic Overlay/Ridgeline
Review, Special Review and GMQS Exemption for Caretaker Dwelling Unit and TDR Receiver Site
Description of Project/Development: Applicant proposes to subdivide a 26.8 acre parcel in the AFR-10 zone
district into two lots. There is an existing residence on the parcel within an approved building envelope.
Applicant is requesting approval to utilize TORs to obtain a development right and additional floor area for the
new lot, and to establish a building envelope for the new lot.
Land Use Code Sections to Address:
. Article 2, Land Use Policies
. Section 3-60, Environmental & Aesthetic Standards - within a mapped Ridge!ine Review area
. Section 3-70, Water Resources
. Section 3-80, 1041 Hazard Review
o 3-80-050, Geologic Hazard Areas: Slopes> 30%?
o 3-80-070, Wildfire Hazard Areas - Mapped low
o 3-80-080, Wildlife Habitat Areas: no mapped habitat
. Section 3-110, Improvements & Services
. Section 3-130, Development Exactions (Parks/Recreation/Open Space and Schools)
. Section 3-180, Improvement Agreements
. Section 3-210, Special Review for TDRs and Caretaker Dwelling Units
. Section 3-310, TDRs
. Sub-Section 9-110-041(C}, GMQS Exemption for Caretaker Dwelling Unit
. Sub-Section 9-110-042, GMQS Incentive for Development Utilizing TDRs (new lots and additional floor area)
. Article 11, Employee Housing Impact Fee (adopted by Ordinance No. 23-2005)
Review by: Planning Commission and BOCC (2 readings)
Public Hearing? YES, at SOCC, 1st reading. The applicant shall post a public notice sign on the property at
least 15 days prior to the hearing and shall mail notice to all adjacent property owners and mineral estate
owners at least 30 days prior to the hearing with the return address of the Community Development
Department (copy 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 appeared no more than 60 days
prior to the date of the public hearing.
Staff will refer to: Aspen Fire, Zoning, Housing, CO Division of Water Resources, DOW, West Buttermilk
Metro District, West Buttermilk HOA
FEES: $5,454 (make check payable to "Pitkin County Treasurer"), which includes a $4,928 Planning flat fee
(non-refundable; based on 22 hours of staff time; if staff review time exceeds 26.4 hours, the Applicant will be
charged for additional time in excess of 22 hours at a rate of $224/hour); a $166 Housing referral fee; a $50
Public Notice fee; and a $310 Clerk fee.
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To apply, submit 20 copies of the following information, unless noted otherwise:
1. Summary letter explaining the request and addressing compliance with the Code sections listed above.
2. Site Maps that comply with Section 5-20-020
3. Wildfire hazard rating from a County certified wildfire expert
4. Proof of legal and adequate water supply
5. Proof of ownership of subject property(s)
6. Parcel description, including legal description and vicinity map
7. Total fee for review of the application
8. Documentation of adequate legal access to the parcel (1 copy);
9. Executed fee agreement (1 copy)
10. Executed subdivision application agreement (1 copy - form attached)
11. Consent from owner(s) to process application and authorizing the representative (1 copy)
12. List of all adjacent property owners and mineral estate owners (1 copy)
13. Copy of this preapp form (1 copy)
NOTES:
>- PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLlCA TlON.
PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLlCA TlON (IF
POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR
APPLlCA TION.
>- ALL MAPS SHALL BE FOLDED.
;,. This pre-application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staff's interpretations
based upon representations of the applicant. Additional information may be required upon a complete
review of the application.
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ATTACHMENT
J'
Jim and Betsy Fifield
350 Eagle Park Drive
Aspen, Co. 81611
(970) 404-3500
March 15,2006
Suzanne Wolff
Aspen Pitkin Community Development Dept.
130 South Galena Street
Aspen, CO. 81611
RE: Fifield Subdivision: Authorization to Submit a Land Use Application
Dear Suzanne:
This authorizes Davis Horn Incorporated to submit a land use application for our property at 350
Eagle Park Drive. The application is for Subdivision, 1041 Hazard Review, Ridgeline Review, a
Caretaker Dwelling Unit and TDRs. Davis Horn is also authorized to represent us in the land use
process. Please call Davis Horn 1nc at 925-6587 or me at the above number if you have any
questions or concerns. Thank you.
Sincerely,
------- /
{;(p~ i-I/~
~TSY FIFIELD .
/;/
/;/J
jiiM FIFIE/
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PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
Fi-{l ~ld
PITKIN COUNTY (hereinafter COUNTY) and "]"'i rn 0JId..
(hereinafter APPLrCANT) AGREE AS FOLLOWS:
I. APPLICANT has submitted to c;OUNTY an application for Con('p ptu4{
~I, cn U +- '"(DR Rc-u/()WS (hereinafter, lliE PROJECT).
B~:J
S vWt'tJision
J
2. APPLICANT understands and agrees that Pitkin COWlty Ordinance No. 011-2005 establishes a
fee structure for land use applications and the payment of all processing fe~s IS a condition precedent to a
determination of application completeness. The fee structure IS based on the COlUlty'S policy that development
shall pay, in full, the cost of development review in Pitkin COlUlty. Fees have been set to be consistcnt and fair
to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full elCtent onhe costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type ofIand use review.
5. COUNTY and APPUCANT further agree that it is impracticable for COUNTY staff to complele
processing or present sufficient information to the Planning Commission and/or Bomd of County
Commissioners to enable the Planning Commission and/or BOllId of County Commissioners to make legally
required findings for project apPIoval, unless current billings arc paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT sha!l pay a base fee in the
amount of S 511"i''T_ which is based on 2.%.hours of staff time, and if actual time spent by staff to process the
application exceeds the average number of hours by more than 20%, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of
the billing date. APPLICANT funher lfgrecs that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY
APPLICANT
Cindy Houben
Cominunity Development Director
Jim F-i{le1d
iY; 9~
Effective 5/25/05
Q;'ounty\admID\folmS\:lgreemtnIIO pay
ature
Date: f:/- , 5" -O~
Mailing Address:
~to Pt>.r/ ~"iu'
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ATTACHMENT J~_
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'OTH ELDON & REGINA
.84 QUAIL HOLLOW CIR
~AKOT A DUNES, SD 57049
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"ANTUCCI VINCENT G &
eELAINE
.0400 EAGLE PINES DR
ASPEN, CO 81611
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.ALTMANLA~NCE&JOAN
eJ14 S GALENA ST #200
eASPEN, CO 81611-1818
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· ASPEN WEST LLC
-676 N MICHIGAN AVE #3860
ecHICAGO, IL 60611
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A d.j~c.~{- Pl'tJp~ {)u.;f1o€.rs
TELEGRAPH HILL TRUST
C/O TROUTMAN T K OF
DORSEY WHITNEY LLP
370 17TH ST #4700
DENVER, CO 80202-5647
FIFIELD JAMES GUY & BETSY
350 EAGLE PARK DR
ASPEN, CO 81611
EAGLE PINES LOT 2 LLC
520 E COOPER #230
ASPEN, CO 81611
STUART DOUGLAS F TRUSTEE
PO BOX 350
MAKA WELl, HI 96769
ATTACHMENT /'5
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EAGLE PINES LOT 5 LLC
A TTN JEFF GIFFORD
525 N TRYON ST #1700
CHARLOTTE, NC 28202
PFISTER SUZANNE ELIZABETH
RES TRUST
BOX EE
ASPEN, CO 81612
EAGLE PINES LP
C/O ALBERT BRINK
VOSHOLLI #20
BRASSHAAP BELGillM, 2930
MCNAMARA FAMILY TRUST
15803 VIEWFIELD RD
MONTE SERENO, CA 95030
~<6
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ICEPTUAL
ON AND
: PLAN
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