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pitkin.planning.264321100004 (2007)(2)
DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) Michael Kraemer From: Tom Newland [tomn@sopris.net] Sent: Tuesday, September 09, 2008 3:27 PM To: Michael Kraemer Subject: RE: refund Mike: Please accept this email as my formal request to receive a refund for the application fee for the initial Micro Hydroelectric Activity Envelope and Site Plan application, submitted to you on March 1, 2007. Thank you, Tom Newland From: Michael Kraemer [mailto:Michael.Kraemer@co.pitkin.m.us] Sent: Tuesday, September 09, 2008 8:51 AM To: Tom Newland Subject: refund Tom, Can you send an email stating you would like to withdraw the 1n Micro Hydroelectric Activity Envelope and Site Plan application for Mr. Fabrizio? After that request, I can get you a refund for the application fee. Thanks, Mike Mike Kraemer Planner Community Development Department Pitkin County 130 S. Galena Street Aspen, CO 81611 970.920.6626(phone) 970.920.5439(faxJ michaelkraemerlo~co okkin co us PROTECT MANAGEMENT /DEVECOPMENT APPROVALS /TRANSPORTATION PLANNING RECRFATlON PLANNING /ENVIRONMENTAL ANALYSIS /INFORMAT/ON MANAGEMENT ~L„~ ~ VoicQ/fs~c (370).927-4645 PO t3ox 4815, 417 ORIGINAL ROAD, BASALT, CO 81621 ~) ~~~ tomn~s~.net March 1, 2007 Michael Kraemer Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 _ RE; ACTIVITY ENVELOPE AND SITE PLAN REVIEW FOR A MICRO HYDROELECTRIC GENERATION FACILITY, PARCEL ID #2643-2i1-00-004 Dear Michael: Please accept this letter as my clients' request to obtain Activity Envelope and.. Site Plan approval for his property, located at 20 Smith Hill Way in Woody Creek. Any request for an Activity Envelope and Site Plan approval must provide a summary letter explaining the request, background information on prior approvals and permits, and shall address compliance with the Code Sections listed within the Pre-application Conference Summary. BACKGROUND INFORMATION The property is about 15.24-acres in size and is located near the intersection of Highway 82 and Smith Hil[ Way. Brush Creek runs through the property to it's confluence with the Roaring Fork River. Current approvals on the property consist of two approved building envelopes (one on the east side near Highway 82 and another on the west side near the Roaring Fork River); and utility and access envelopes associated with the building envelopes. A single family residence is currently being constructed on the West Building Envelope. The purpose of this land use application is to request an Activity Envelope and Site Plan for placement of improvements for a micro hydroelectric power source on the property. These improvements will divert water from Brush Creek at the east side of the property, direct it down the steep slopes within a contained culvert, and run it through a turbine before returning the water to the Roaring Fork River. The property has received previous land use approvals. Land use approvals were granted for the property in 2004, 2005 and 2006. The plats and resolutions for these approvals are included as ATTACHMENT 6. LAND USE CODE SECTIONS TO BE ADDRESSED Included with this letter as required by the Pre-application Conference Summary (ATTACHMENT 1) please find the following materials, documents and information: Sec. 2-30-20(g); Activity Envelope Criteria for Approval {,~ As evidenced by the contents of this letter and attachments, we feel that this application complies with the Activity Envelope Criteria as set forth in Section 2-30- 20(9): . ATTACHMENT 1: Pre-Application Conference Summary Sheet ATTACHMENT 2: Consent from the owner of the property for Newland Project Resources, Inc. (NPRI) to represent them and to process a land use application. ATTACHMENT 3: Disclosure and proof of ownership of the property complying with Subsec. 5-70-020(D) of the Land Use Code and List of Adjacent Property and Mineral Rights Owners. ATTACHMENT 4: Street address and parcel description, including legal description, and an 8-1/2"x 11" vicinity map locating the subject property within Pitkin County. ATTACHMENT 5: Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form. ATTACHMENT 6: Previous land use approvals for the property. ATTACHMENT 7: Water Rights Decree for hydroelectric purposes. ATTACHMENT 8: Letter from an Engineer demonstrating compliance with Section 7- 20-20(c)(1)(a) of the Land Use Code. ATTACHMENT 9: An existing conditions map showing the improvements on the property and a slope analysis around Brush Creek. ATTACHMENT 10: A site plan that shows the existing conditions on the site, topography, access and proposed physical features. The 100-year floodplain for the Roaring Fork River and Brush Creek as determined by a site specific floodplain analysis conducted for the property and approved by the Federal Emergency Management Agency (FEMA), for the National Flood Insurance Program (NFIP). In summary, we are proposing the designation of an Activity Envelope for placement of the improvements necessary to place a micro hydro-electric generation facility. The state has issued a Decree for water rights to be used for hydroelectric purposes on the property (see Attachment 7). The improvements include the following: ^ A catch basin at the end of an existing concrete box culvert that carries Brush Creek under State Highway 82 and on to the property; ^ A 4' x 12' water settling tank that accepts water from the catch basin and carries it into a 12" High Density Polyethylene (HDPE) Culvert; ^ The culvert will follow Brush Creek along the bank but wilt be removed from the floodplain and wetland areas. The culvert will be shallow buried by hand to minimize impacts to the steep slopes and vegetation. ^ The culvert will crass Brush creek approximately 300-feet below the settling tank. This is being done to bring the diverted water over to the south of Brush Creek near the new single-family residence. This also brings the culvert onto more moderate slopes located on the south side of the creek. • After crossing the creek, the water will flow into a 12-inch Polyvinyl Chloride (PVC) culvert for approximately 250-feet. ACTIVITY ENVELOPE AND SITE PLAN REVIEW PARCEL /D #2643-211-00.004 000001 Page 2 ~~`~~~~ ,... ~° The PVC culvert will enter a small shed where the generator and electrical connections are located. ^ :: After going through the generator, the water will return flow out to the Roaring Fork River. It is our intent to provide for these improvements in an environmentally sensitive way, disturbing the vegetation and steep slopes as little as possible. ATTACHMENT 11: Draft Activity Envelope and Site Plan Plat prepared in accordance with the requirements of Subsections 7-10-50 of the Pitkin. County Land Use Code and Section 2.2.1 of the Pitkin. County Land Use Application Manual. Section 7-10-50: Activity Envelope We feel that the Activity Envelope as proposed will allow the activities and development to comply with provisions of the Land Use Code and Comprehensive Plan. Although the proposed Activity Envelope contains "constrained areas" in the form of steep slopes, the method of construction will minimize impacts to these slopes to the greatest extent possible. The Activity Envelope is of adequate size to contain the proposed hydro-electric uses. It is acknowledged that upon approval of the Activity Envelope, any and all applicable local, state or federal permits required to conduct development activities will be obtained prior to initiation of construction. It is also acknowledged that all areas located outside of the approved. Activity Envelope will not be disturbed and that construction fencing shall be placed around the perimeter of the Activity Envelope prior to initiation of construction. Section 7-20-20: Steep and Potentiaay lJnstab/e Slopes The Existing Conditions Map contained within Attachment 10 delineates the slopes within the Activity Envelope. The Proposed Activity Envelope (Attachment il) contains slopes greater than 30%. Although development is generally prohibited on slopes of greater than 30%, we believe that no other site is available for placement of the water culvert for the hydro-electric system because of the following: ^ The character of the site is such that the steep hillside where the culvert must be placed is continuous across the property, so there is no other route for the culvert that would not cross slopes of greater than 30%; ^ In order to place an optimal hydro-electric generating system, the water must flow as steeply as possible to generate the greatest amount of hydraulic head; ^ The water must run along the side of the creek so that it can be removed and put back into the water course with minimal disturbance. As such, we are requesting that the County approve of the activity envelope and site plan under the provisions of subsection 7-20-20(c)(1). Under this section, development may be approved on slopes of greater than 30% subject to the following standards: (a) An engineer or geologist licensed in the state of Colorado shall be required to demonstrate that the site can be engineered so that there is no hazard posed by the location of development on such slopes. (b) To the extent possible, the development shall be designed so as to: avoid adding water to the site that would cause decreased stability; avoid removing the toe of the slope without adequate mechanical support; avoid ACTlVlTY ENVELOPE AND SITE PLAN REVIEW PARCEL ID #2643 211-00-004 Page 3 ooouo2 r~~~~~~~~ increasing the weight load on the top of the slope; recontour disturbed slopes so that they can be revegetated; avoid steepening of existing slopes. (c) Any development approved pursuant to this section shall be conditioned upon compliance with the engineer or geologist's recommended mitigation measures. (d) Following site plan review, and prior to application for a Building Permit, a precise engineer or geologist approved mitigation plan sha/l be submitted by the applicant that shows the area of disturbed slope, any re-grading required and the exact size and location of al! mitigation devices. The mitigation measures must be determined by the Community Development Department to be the least visuaNy and ecologically obtrusive alternatives. Included as Attachment 8 is a letter from Eric Mangeot of Resource Engineering. Inc. demonstrating that the 12" water culvert can be placed on the sloping terrain of the Activity Envelope without posing a hazard and that the design of the water culvert placement will conform to the requirements of subsection 7-20-20(c)(1)(b) of the Land Use Code. Upon submission of an Earthmoving Permit for the hydroelectric system, a precise mitigation plan will be submitted as required in subsection7-20-20(c)(1)(d). Section 7-20-20(e): Additional Standards -Grading It is our intention to minimize grading on the site to the greatest extent possible, particularly on the areas of steep slopes. This will be accomplished by hand-digging a shallow trench for the water culvert, backfilling the trench by hand, manually compacting, and then revegetating the small trench cut upon completion. With respect to grading, we commit to the following: ^ The original, natural grade within the Activity Envelope shall not be raised; ^ Grading for accessory building pads is anticipated for the Hydro Turbine Generator. The site will be located on slopes less that 15%; ^ Where grading, excavation or filling is required, slopes will be returned to their existing grade. ^ AI! cut, filled or graded slopes shall be recontoured to the natural, varied contour of the surrounding terrain. • Retaining walls are not proposed. However, if it is found that retaining walls are needed, the guidelines and standards for retaining walls will be followed. Section 7-20-30: Water Courses and Drainage The Activity Envelope has been situated so that development shall be compliant with all criteria of this section. Although encroachment into Brush Creek will occur as a part of the proposed hydroelectric development, the encroachment will be minimal and will not significantly impact the water course. A catch basin wi{I be placed at the lower end of an existing box culvert which will divert water out of the creek and into the culvert. The improvements are very similar to those placed for irrigation ditch headgates and are a logical extension of an existing structure. The activities and development proposed for the property will provide for maintenance of historical flow patterns; will not impede the flow of natural water courses; and shall provide adequate drainage for all low points. Specifically, historic flow patterns will be maintained as the water is being removed from Brush Creek near the uphill (west) side of the property and returned to the Roaring Fork River on the downhill (east) side of the property. In addition, a settling tank with ACTIVITY ENVELOPE AND S17E PLAN REVIEW PARCEL )D #264&211-00-004 Page 4 ~~.~~ OOOU43 ~.#'~°~ ~ ~`~ overflow will be placed on the upstream side of the system to insure that water quality wil{ be maintained. Storrnwater management during construction will utilize best mapagement practices (BMPs) to insure unpolluted discharge into water bodies. ^ The development will be designed not. to introduce contamination into the ground water. No contaminates wilt be produced by the raw water system; the water is used exclusively to generate electricity via gravity and nothing witl be added to the water as it passes through the system. ^ No irrigated areas are located between the intake and return flow points of the system. • Irrigation ditches are not present within the Activity Envelope and as such, all provisions regarding access are not applicable. Leakage prevention, and flooding/seepage avoidance will be accomplished through the design of the system (contained culvert) and through maintenance of the system by the property owner. ^ Provisions regarding sedimentation shall be followed (sediment control during construction, sedimentation and revegetation). An erosion control plan wilt be developed for the project that insures that construction activities will not impact water quality of Brush Creek or the Roaring Fork River. Best Management Practices envisioned for this project include silt fencing at the periphery of the Activity Envelope and immediate revegetation efforts upon completion of culvert burial. This p{an will be submitted for approval as a part of the Earthmoving Permit application. ^ Potential impact to water quality shall be mitigated through aggressive erosion control methods during construction (see above), placement of the settling tank, culvert and hydro turbine generator building outside of the delineated floodplain and wetland areas, and compliance with all state and federal regulations. See the response to Section 7-20-80 below for a more detailed discussion of mitigation measures proposed to avoid impacts to water quality. The proposed improvements comply with the efficient use of water as this system returns all of the water used from Brush Creek as surface water to the river. 7-20-70: Wildlife Habitat According to the Wildlife mapping available at the Community Development office, the property is free from any mapped habitat for wildlife species. The wildlife habitat that could potentially be impacted by the proposed hydroelectric improvements is the riparian and wetland habitat associated with Brush Creek and the Roaring Fork River. A detailed wetlands assessment was conducted by Naturetech Consultants during the previous land use approvals for the properties. In this assessment, the wetlands associated with Brush Creek and the Roaring Fork River was delineated and mapped. In addition, Rhino Engineering conducted a site specific floodplain analysis for Brush Creek. Attachments 9 and 10 show the wetland and- floodplain delineations as determined through these studies. As shown on the site plan (Attachment 10), the hydroelectric improvements are located in areas that are removed from wetland and riparian vegetation. In particular, the settling tank, culvert and hydro turbine generator shed are all located in areas of upland vegetation that primarily consists of scrub oak and mountain shrubs. We are proposing to hand-.dig the shallow trench required for the culvert and as such can keep the removal of woody shrubs and trees to an absolute minimum. The relatively small, shallow trench can be easily revegetated with native ground covers upon. completion. ACTMTY ENVELOPE AND SfTE PLAN REV)EW Page 5 PARCEL !D #2643-221-00-004 oaao~,~ ~~~ . The General Standards for Wildlife Habitat (subsection 7-20-70(c)) can all be followed for riparian and wetland habitat. In particular, we do not feel that the native vegetation within the proposed Activity Envelope will be significantly altered. However, as a part of submission of an application for an Earthmoving Permit, a detailed analysis of the amount and types of vegetation to be removed and replaced will be conducted and a habitat mitigation plan acceptable to the County will be submitted. The plan will propose replacement of vegetation equal in type and quantity within the Activity Envelope. 7-20-80: River and Stream Corridors and Wetlands This section of the code requires the application to delineate protected features (i.e. perennial streams, intermittent streams, and isolated, natural wetland and riparian areas) and to maintain minimum setbacks from the features for all activity and development on the property. However, of the exceptions to the setbacks listed in subsection 7-20-80(c)(1), two are applicable to this application (water diversion facilities and culverts}. Because the water diversion system must be placed as close to Brush Creek as possible to maintain optimal effectiveness, no feasible alternative to locating these facilities exist. We feel that any adverse impacts can be adequately mitigated as required by subsection 7-20-80(d): The placement of the settling tank and 12" culvert will be reclaimed, re-graded and revegetated in accordance with Pitkin County Revegetation Guide or as directed by the Pitkin County revegetation expert, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, or Colorado Division of Wildlife. We acknowledge that compliance with these standards, which have been described in other sections of this application, will be included as a condition of approval to this application. ^ No access roads are needed to access or maintain the proposed improvements other than the existing driveways to the building envelopes. The proposed development has incorporated specific measures designed to reduce erosion, including hand burial of the 12" culvert to minimize the disturbed area; development of an erosion control plan for the project that insures that construction activities will not impact water quality of Brush Creek or the Roaring Fork River; and placement of immediate revegetation efforts upon completion of culvert burial. ^ The proposed development complies with Section 7-20-30 as outlined above. ^ Removal and disturbance of vegetation in riparian and wetland areas has been minimized by crossing those areas close to the creek and placing a majority of the improvements in a location removed from riparian and wetland areas. ^ Channelization of the stream is not requested as a part of the Site Plan; ^ The stream channel will be spanned at one location to bring the culvert across Brush Creek. This culvert will be supported so as to span the entire drainage channel and floodplain of Brush Creek. ACTNITY ENVELOPE AND SITE PLAN REVfEW PARGEL !D #2643-221-00.004 000405 Page 6 ^ The proposed development will not raise water temperatures. • The proposed development will not change the stream channel or result in sewage outfalls or the introduction of organic or inorganic pollutants to the stream. 7-20-130; Landscape and Vegetation Protection The purpose of this code regulation is to preserve existing vegetation on development sites to the maximum extent consistent with the permitted development; to ensure that specific types of man made improvements are screened from view in order to preserve the rural character of the County; and to prevent the use of landscaping in ways that would compromise the rural character of the County. The criteria are a follows: (1) PROTECTION OF NATURAL VEGETATION In order to protect the rural character of Pitkin County, natural vegetation should be preserved to the maximum extent practicable, and any installed landscaping shall use the species plant materials naturally occurring on the site or on neighboring properties (except for flower gardens). The natural vegetation within the Activity Envelope consists primarily of mountain shrubs and scrub oak. All existing vegetation shall be preserved to the maximum extent possible, and new vegetation proposed for the development wi[I utilize naturally occurring species and shall be shown on a landscape plan submitted during Earthmoving Permit approval. (2) CONFORMANCE WITH WILDFIRE REGULATIONS In the event the provisions of this Sec. 7-20-130 conflict with any provisions of Sec. 7-20-60, as those requirements may be varied by a wildfire expert approved by the County, the provisions of Sec. 7-20-60 shall govern. The purposed development activities will conform to all applicable wildfire regulations. (3) BERMS Berms may be incorporated into any required landscaping, buffering, or screening area, provided that the County determines, during the development approval process, that the proposed berms will not cause drainage or erosion problems. No installed berm shall have a slope of greater than four-to one (4: Y), nor a height greater than four (4) feet above grade. No berms are proposed for the activity envelope. (4) LANDSCAPE ENCLOSURES Landscaping shall not be used to mark or enclose the boundary of a parcel, or to privatize an otherwise public viewplane. Use of indigenous shrubs or trees to enclose a portion of the property immediately surrounding a dwelling, barn, and/or accessory buildings (as opposed to the entire property or a large area of the property) are permitted if made to resemble similar windbreaks located near older properties in Rural Areas of the County. ACTIVITY ENVELOPE AND SITE PLAN REVIEW PARCEL ID #2b43-211-W-004 Page 7 No landscape enclosures are proposed for the Activity Envelope. (5) VISIBILITY CLEARANCE AI! landscaping shall be installed and maintained so that it does not interfere with the ability of drivers to see nearby traffic at the intersection of any driveway with a public road, or at the intersection of two public roads. Not applicable to the proposed activities. (6) UTILITY EASEMENTS Whenever the provisions of this Sec. 7-20-130 would require the installation of trees or shrubs aver or on utility easements, where branches or roots might interfere with utility lines or pipes, the required location for such trees and shrubs shall be modified to require installation at the closest location that would avoid potential conflicts with utilities and would enable the trees and shrubs to serve the same landscaping purpose. No utility easements encroach upon the proposed Activity Envelope. (7) FINANCIAL SECURITY The Community Development Department may require financial security in a form acceptable to the County Attorney to ensure completion of installation of all required landscaping and/or successful establishment of plants. Financial security shall be submitted if required during the Earthmoving Permit approval process. (8) MAINTENANCE All plants shall be maintained continually in a healthy condition in accordance with generally accepted professional horticultural standards and practices. Within areas required to be landscaped with installed plant materials, plants that die or are unhealthy shall be replaced. Landscape areas shall remain free of weeds, litter, junk, rubbish and other nuisances and obstructions. Maintenance of planted vegetation is in the best interests of the property owner and will be conducted after planting is complete. This will primarily consist of insuring that the replacement vegetation (native) successfully survives for the first two years after planting. No further maintenance of the native plantings should be required. Required Landscaping in Rural Areas: (1)Landscaping is required for the following purposes: (i) to screen satellite dishes and other telecommunications equipment when located within five hundred (500) feet of adjacent public roads and visible from such roads, and (ii) to screen parking areas and service areas when viewed from adjacent public roads, (iii) where necessary to comply with the standards of Secs. 7-20- 70, 7-20-80, or 7-20-120, and (iv) to revegetate disturbed areas. (2) Landscape treatments shall cluster shrubs and trees into groupings similar to those naturally occurring on the site or neighboring sites, shall use indigenous species of shrubs and trees, and shall not be installed in regularly spaced lines ACTlVI7Y ENVELOPE AND SITE PLAN REVIEW PARCEL tD #2643-222-0o-OE?4 Page 8 ~„ r,~ ~,s ~° , aaoao? ;~. , {f or rows, unless more specific provisions of Secs. 7-20-70, 7-20-80, or 7-20-120 require a different treatment. The above stated landscaping criteria for rural areas will be utilized within the landscape plans for the property. A detailed landscape plan will be submitted for approval as a part of the Earthmoving Permit application. SUMMARY Based on the information submitted in this letter, we believe that the proposed Activity Envelope and Site Plan are in compliance with all applicable. standards of the Land Use Code. Thank you for considering this request. If you have any questions or requests for additional information, please contact me at 927-4645 or tomnCa~sooris.net. Sincerely, om Newland, Newland Project Resources, Inc. ACTIVITY ENVELOPE AND SITE PLAN REVIEW PARCEL -D #2643-211.00-004 Page 9 oaaoos ATTACHMENTS ATTACHMENT 1: Pre-application Conference Summary ATTACHMENT 2r Owners Consent to Represent ATTACHMENT 3: Disclosure and Proof of Ownership, List of Adjacent Property Owners ATTACHMENT 4: Address, Legal Description and Vicinity Map ATTACHMENT 5: Pitkin County Community Development Agreement for Payment of Land Use Aoolication Fees ATTACHMENT 6: Previous Land Use Approvals ATTACHMENT 7: Water Rights Decree for Hydroelectric Purposes ATTACHMENT 8: Letter Demonstrating Compliance with Standards for Development on Steep Slopes ATTACHMENT 9: Existing Conditions Map ATTACHMENT 10: Proposed Site Plan ATTACHMENT 11: Draft Activity Envelope and Site Pian Plat ACTIVfTY ENVELOPE AND SITE PLAN REVIEW Page 10 PARCER !D X2643-211-00.004 000009 ATTACHMENT 1 Pre-Application Conference Summary Sheet PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY LOCATION: 20 Smith Hill Way ZONING: RS-30 PUD OWNERS: Fabrizio Family Trust REPRESENTATIVE: Tom Newland DATE: December 22, 2006 PID# 2643-211-00-004 SIZE: 18.3 acre PHONE and EMAIL: 618-9922, tt7(T1Il~i7i.SO T7S.llet PLANNER: Mike Kraemer, 920.5482 Type of Application: Activity Envelope and Site Plan Review Description of Project/Development: The Applicant is requesting approval of an Activity Envelope and Site Plan for the construction of a personal hydroelectric system that will service an existing residence. Land Use Code Sections to be addressed in letter of reauest (aanlicationl: Sec. 2-30-20(g): Activity Envelope Criteria for Approval; Sec. 7-10-50: Activity Envelope; Sec. 7-20-20: Steep and Potentially Unstable Slopes; Sec. 7-20-20(e) 2-10: Grading; Sec. 7-20-30: Water Courses and Drainage; Sec. 7-20-130: Landscaping and vegetation Protection. Sec. 7-20-70: Wildlife Habitat; Sec. 7-20-80: River and Stream Corridors and Wetlands Staff will refer the application to the following agencies: CDOW, Natural Resources Review by: Community Development Director Public Hearing: No. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. FEES: $3,382 ^ Planning Office flat fee: $2,772 (non-refundable; based on 15 hours of staff time (Activity envelope and site plan; 12 hours AND Special Review; 3 hours). If staff review time exceeds 18 hours, the Applicant will be charged for additional time above 15 hours at a rate of $231 /hour) o Natural Resources: $560 o Public Notice Fee: $50 ACTfV1TY ENVELOPEAND S-TE PLAN REVIEW Page 11 PARCEL tD #2643-211-04004 VVV~io ~' ~ r.° ~'+. To apply, submit 3 copies of the following information, unless noted otherwise: I . Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" Activity Envelope and Site Plan as designated in Section 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; 3. Previous Land Use Approvals (if applicable); 4. Proof of ownership of subject property; 5. Parcel description, including legal description and vicinity map; 6. Total fee for review of the application; 7. Signed fee agreement (l copy); 8. Consent from owner(s) to process application and authorizing the representative (1 copy) 9. List of all adjacent property owners and mineral estate owners (1 copy) 10. Copy of this preapp form (1 copy} NOTES - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. - ALL MAPS SHALL BE FOLDED. - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. ACTIVITY ENVELOPE AND SITE PLAN REVIEW PARCEL LD #2643-211-00-004 Page 12 ooooll :`. ,, ATTACHMENT 2 Consent from the owner of the property for the representative named above to process the application and represent the owner January 15, 2007 Tom Newland Newland Project Resources, Inc. 417 Original Road Basalt, CO 81621 RE: PERMISSION TO PURSUE LAND USE APPROVALS Dear Tom; I am the owner of property located at 20 Smith Hill Way, a 15-acre parcel located at the corner of Smith Hill Way (County Road #17A) and Highway 82. The State Parcel Identification Number for the property is 264321100004. Please accept this letter as formal permission for Newland Project Resources, Inc. to represent me in pursuing all of the necessary land use approvals required to on the property described above. I hope this letter is sufficient for your needs. If you or Pitkin County should have any questions, please contact me at (562) 795-6000. Sincerel , Bruce aBrizio Cc: Pitkin County (attachment to land use application) ACTIVITY ENVELOPE AND SITE PLAN REVIEW PARCEL ID #2643-211-00.004 Page 13 000 1~ 4 Y t ATTACHMENT 3 Disclosure and proof of ownership of the property complying with Subsec. 5-70-020{D} and List of Adjacent Property and Mineral Rights Owners ACTNITY ENVELOPE AND SITE PLAN REVIEW PARCEL tD #264&21I-O(t004 Page 24 000013 ~toooo ti0000SZZ£b9Z# OI 13021b'd ~~ .3~'~'; ''' A t f~`~.~`'l~~i i, a!Ear~~ FC.[~b~Er$ i'~~'~ ~ ~ E=. ~ ~ 1 ! t E .^38~1i65~(B Ldt9s~~t~tA:CY3 °{4Si E~ket lei~~„rs ~u~ patsy ,qua ~~~N! !M. ' ~.l.2~~~C'3~! ~~ S~~SL `3: ~;~ b.~t1.1~ 3~4`t~`~„~. eieil~~! '~'kfE"i~.l~~~~~ ~l~C!i`..' _1.~,~~': -t~~°/ ;p ~~~ ~ @~L~~ c~4a, e~tJ3e~ ~a~~~;A~e3~k~~~ @~JH'! }iJ~#.iiPlJlSLk$ 8~:a~~~it5g ~+~1 ~Y ~ ~ ....v._,_ -..._.__ ~>y8 k. `~~ i'S ~k#l_ ~'tl 1 ~i C) ~ ~ Y~1'4' '~~?leg .^S. 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AID .Any righfg, ineo?~re ~ satcareun~ tt3 ~vur of ~e ,~>~ a,±s+r>ers, tt>B a;~te ~ t:oto~dct, T~ Ulf ~d ;iiutas ~' .~rtt8ttt;a. ortfie ~' pabftc, ~ttich txitt, htt~ +txie;sd, Qt sre c~aiht~c4 to dx~st in and ovsr:fe w~tel~ and t'xeasrft ~ ~ ia+a<sJ arts{ t:arsKa oe thg Raett~g ~artt RtVer RiYSc I ~ ~~~~ ~: ~ ~- R!W!A !$p/xS O ~KTPZ T CC X06/g~VSi~gIB ~;'j31 * 1e•~ a ~se.ea PARCEL ID #264321100004 ~ooooi5 4:~~_7.,J ~I'4~~®~~ K~o. i..~C;~4L. ~#E~CiR,1~TIC~l~4 d~tt'6t;t C-f Isr+d SltUwt9d i'- t.ut1~ ~ ar~c8 7, ~oGti4++:21. `T'gtwr'•9,`~!(a 6 SvsftY Range: ~21.'°~eo? cf iPt~ 7; ~r:ne~~rr;i I~MPtC~IpR. 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A~a~ra: A or a atlP~P7t~ a~.aar alELy !ti U7tTlTY !0 .~ 11 $91~.mY PARCEL ID #264321100004 List of Adjacent Property and Mineral Rights Owners ACTIVITY ENVELOPE AND SITE PLAN REVIEW PARCEL -D #2643-211-000()4 Page 15 00001:7 :,ITY OF ASPEN FRENCH HAl REV LIVING TRUST GRANT ANTHONY J & KATHRYN J 130 S GALENA ST PO BOX 1265 C/O MOUNTAIN TEMP SERVICES ASPEN, CO 81611 EDMOND, OK 73083 409 AABC STE A ASPEN, CO 81611 -IARRIMAN WfLSON F & LISA A 114 WOODS RD ASPEN, CO 81611 MELBERG THOMAS A & MARILYN S PO BOX 630 WOODY CREEK, CO 81656 PITKIN COUNTY 530 E MAIN ST STE 302 ASPEN, CO 81611 NOODY CREEK PTNRS LTD ~/O RAYMOND B KELLY JR ?824 W 7TH ST =ORT WORTH, TX 76107 QQQp~ 8 ATTACHMENT 4 Street address and parcel description, including legal description, and 8-1/2"x 11"vicinity map locating the subject property within Pitkin County ADDRESS 20 Smith Hill Way, Woody Creek, Colorado. LEGAL DESCRIPTION A tract of land situated In Lots 2 and 7, Section 21, Township 9 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado, described as follows: Beginning at the intersection of Easterly right of way of Colorado Highway No. 82, and the North line of said Section 21 whence the North Quarter Corner of said Section 21 bears South 89°04' West 22.82 feet; thence South 15°39' East 478.38 feet (calculated) to the right of way described in Book 493 at Page 984; thence the following courses along said right of way: thence South 70°31' East 241.71 feet: thence South 59022' East 171.61 feet; thence South 68°24' East 176.08. feet; thence South 71 °41' East 116.26 feet; thence South 48°22' East 187.39 feet where it departs from said description; thence North 51 °27' East 0.22 feet; thence the following calls along the County right of way: thence South 46°56' East 156.01 feet; thence South 37°37' East 150.02 feet where it from said right of way; thence North 49° 14' East 243.88 feet to the East line of said Lot 7; thence along the East line of said Lot 7 North O 1 ° 12' West 162.62 feet to a point in the Roaring Fork River; thence the following courses in said river: thence North 68°25' West 185.1 feet; thence North 46°30' West 100 feet: thence North 31 °00' West 190 feet: thence North OS°00' East 415.88 feet to the North line of said Section 21; thence along the North line of said Section 21 South 09°04' West 938.02 feet to the Point of Beginning. County of Pitkin, State of Colorado ACT1VfTY ENVELOPE AND SITE PLAN REVIEW PARCEL ID #2643-211-0(}004 Page 16 ~- •< oooo~g~ - VICINITY MAP - i -a. e 4 i ~ ~ r ~' 4 § ~~ ~. . l ~. . . _ ' ~ d ~ t a - ~ q„ w cey~ .. .. Y ~. .,y_ ~ i ~ x ... -. mot.. . . '. .. .. _ ~ ~ ... ~ , - i tk ~ _ n~j~Re gw,~A _,..t, { i^ T S __ ~ } ~ ~~ ~ ~ ~ , ~ I L~ rl 3 ~S ~ ~ c~ j 1 .~ _ ~y 5j ~ ,~~~ ~W/ ~f} ... 3 Ii ~; _ E ~ {'. # ~ 3 ^ ' .~ F ~#1 PPr~ ~ ~ ~ Y ~ ~ M ' ~ ' ... . F Q ~ k°3~.~ T ,~ is i~F E' ~ x~. ~ //p~~ °^~i My~ ~ ~ . ~ ~w17~ ~ l ~ ~ ~ ~m ' / r~~ t , a.. ew ~ ~ y x... ~ a ~ +r t t~ ~ fr ~ r A c. ........ m_ .. a 4 v : °A ~. / . ~ mow` ~t ' ". 4 + N3 } ,y f. ~%.c~~ 5~+ } ~ .. ~. ~A H R 6T ~ j _ . i ~ F , ~ ' ~ g F .$ a ~ > .... ,., _ DATE: Jll~-Y t7, ( .1t3k3 Nlll~IE3ER: 11962A ~ L~-IEC:I~D t3Y: F~3F ~ S+CA1.E: i'~1 ~:-~~RE~t~URCE FABRIZIt7 REStDEIVCE FIGURE ~'•~'~"~•"'"`°.'•`"". WATER RIGHTS VI+CWITY MAP 1 ACTNITY ENVELOPE AND SITE PLAN REVIEW PARCEL -D #2643-211-00.004 0U0U~0 Page 17 .. ~ i. a + Y S ? ~ fy ~; i,; ~`~ ,.s ATTACHMENT 5 Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY} and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 011-2005 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ 1,344.00 which is based on 6 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben, Community Development Director Effective 5/25/05 ACTIVITY ENVELOPE AND SITE PLAN REVIEW PARCEL !D #2643-211-UO-004 APPLICANT Signature / Tom Newland January 30, 2007 c/o Fabrizio Family Trust 5600 Full Moon Drive Houston, TX 76132 Page 28 000021 :r ~. _ . ATTACHMENT 6 Previous Land Use Approvals ACTIVITY ENVELOPE AND SITE PLAN REVIEW PARCEL IQ #2643-211-001)04 000022 Page 19 ,,_, .. 4 4. ~ ,.' l ~~ ~~~ ~~f~~ ~~~ ~~I~ 4'353 ~ @ ~3 • saG E ~I ICI IIiN ~{~II~ Ill IIIII~~ I~I~ 4~1~ I SILVIA gAV15 PITKIN COUNTY CO R 8.0@ D 0.00 D)r;l'I;RMINA'T1ON ()F7HE tIF,ARiNG nl•'FICIs'R OFTHL COMMUNi'CY I)t:VRLi)PMF.N'1' ' ~ 1)TPAItTMfNT Of T'1TKIN COL1N'1'Y, COLOI2AI)O, Al'1'ROVING THI:ItOPI' loll }IA%ARU 721;VIF.V1~, CONCTI'TUAL SUBMISSION, SYECiAL RFVIE'W, GMf1S I:XEMP'I'1()N AN!) ('.ARF.'1'AKEIt DWI~.I.LING UNfI ' Dcfcrminatiou No_~:ZtltW 1th.C1TALS 1, Amelia 1. Kopp f ~unily Trust ("Ahltlicaut") has applied to the pitlcin Cuunly }loarinb Off icer ("E~learinb Utlicer") for !04) 1 ward Review and Conccptuzll Submission approval to establish a buitdittg envelope to construct a si+tgle t3rnily residence. 'i'lte Appiiettnt is also requesting spcciai review ;+pproval to establish the property ;ts n TUIt receiver site, in order to develop in excess of 5,7$4 square feet and up to i U,750 square feet of floor area. 2. 'I'hc parcel is located at 3425 titate; l )i~~ Iwsy 82, north ofthe intersection of Smith !till Way and State I•ligltway tt2, and is more specifically described in Exhibit A. 'fhe parecl captains 15.2 acres and is n confontting size parcel in the Ai'R-! tl •r.one district. 4. '}~he pt-rrel is located within the )fur:ii Area of tits Courtly. T1tc parer! was created prior to .tune 12, 1978 and bas not merged with any ad}scent pnrc~ls. 't'herefore, tha parcel is exempt tiom growth managentertt fur one: single fa-ttily residence of np to 5,751) square i'cct n4' floor area. ~. 5. '['!tc Hearing U1Piccr cnltsider'cd this ;tpplicatiar at a duly noticed public lac;tring on 1=et>ruary l 8, 2004, Qt which time cvidcpcc and testimony were presentccl with resltecl to this applicafipn. G. '!'hc 1-tearitto Ot'licc:r ti+tds that the propascd building and access envelopes are lpc;ned an siol?as of less than 3U% and avoid the riparian and Itoodpiairt sreas ;tdjaccnt to Brush Creek; snd that the wildfire futzard is rated as 1nw to medium and eau be mitigated. 7. The i Iearing Otficcr fiather f Inds that the property is consistent with the special review criteria t~~r a 'I'l7K receiver site. NOW T)EiLR1rFQR>k. IIF.1"1 RTSO1..VED by the Pitlcip County Cocttmunity Uevcloprncnt t Iearing Officer that h~ does ltcreby approve the !Copp 104•! Hazard Kcvicw, (:onceptaal Sttbmissi+~n, Special Rer•iew, GV1C~S Exernptiolt and Caretaker ll4vellin~ thtit, subject to the following cornlitions, whictr &hall run witty the )ratd and be binding on all successors in intc~t•est. Prior to submission of any earthntovin5, access, or building permit apptieations, the Applicant shat! sabntit a 1041 1 iazard Review Site Plan to the Community Ucvelopment Dcp;trtpnnt for approval and rccordir-g. ~Tltc mylar copy of the site plan must be signed by the owners prior io submittal tier recrn•clinb. Ih•ior to reeortlation of dtc 1 Ud 1 site plan. the Applicant shall obtain a wetland and riparian dclin~.ation to verify that the lower building envelope avoids riparian and wc;tlancl areas. if the cnvelnpL fS tRUttd tU COltt:tl71 rir3rlrln ctr We[lan(l at'C1S, those 1rCa5 snail hE CiilTtillatC(1 fr0-rt the envelope prior to reco+•dation of the site plan. o~oou23 ~, ~; _~ ." ~~~~~ ~~t~~ ~~~~~ ~~~ ~~ 4~3537Q t!P(TrirJ~ Ofjiccr !3c'terntttroliarNo.t~ -?Ot?~l ~~ ~! ~~~~ ~~~`~ ~~~ ~~~ ~ ~ exit t ii»»a as Au};c) sfeufa nrtvts PtrKt,f eour+rr eo R 0.00 D 0,00 Given the apparent error regardingthe location of Brush Creek on the [•1;1NA maps, the Ap}~lictnt shall submit a request to F6MA to an~e,td the flcx~dhfain amps to correctly leu:ated Brush Creek pria• to subrttissiott of any earthmoving, aCC:t:ss or huilding p+;rntit ap}tlicatiotts for rtnvc}upmcrtt within the tower buiAiing cuvclopt:. 4. Prior' to isuancc ofnny bttiidin}; pcrmit;tppliu~tions for tfte here tzsidcuce, She Applicam shall: A. Ubtain art accesslc6•ivcwny tx:nttit,whic~ shall bc: apPrwccf by the County t':ugin.cr, the Gonurtunity Ck;vetopment llcp,~ttmcn! and the Aspen t'irc: Pri~tectinn t?istrict. Any improvements to the driveway to the lower huitding a»vclope xh;}i} avoid slopes in excess of.30°/u. [3. Uht:tin fireplace/woodstovc: }x:nnits Goat the Comnutnity Dcvelopn~ent Depnrunent, i( neccss:uy. C. Submit a drainage and erosion control plea for rcviewv attc! apprvva{ by the t:'ounty 8ngincer. R. Submit :t Canstntction Management Plan in accordance with the Asset hlan;tg,:n,ent Plan for review oral appruv:tl by the Cotutly lrngineer. The C'.onstructiort Managetncnt Plan shaft indicate that vehicles associ;tted with construction (i.~. erttploycc trafl ie:, construction vehicles, staging tote} deliveries) shall nut violate County Law, such as parking esn County rights-olrway. !;. P;ty the applicable road imp:tci fee. ,.•.. h. Olriain apt)roval of a septic permit tiom the Enviromnental I lcahh Ikparintent. l'hc set~tic: system shall be }coated within the approved building envelope, and mast cattpty with the setback rcquiremerrts fi•orn surface and broundwatcr scttsrccs. A qualified prafcssiona! engineer must desigr- the system, G. f il4:t Storm Water iVtanagetnent Plnn with the State ofColnrttclo, if ruluired, attJ provide a copy ot•the approved plot to the County. !•}. if de;vetopmeni occurs within the lower Uuitding envelope, the Appiic:mt shalt submit a mitigation report from mt engine;er or };eotogist licensed in the State of Co{oratdo. 'i'he n;tx~rt shall dcntonstrate thlt the site cart be engineered in such a way that there; is nn hazard posed, and shall show the area ofiiistnrbcd slopes, any re-grading reduired Ind the size and ta;ation of at! mitigation devices. Any new development shalt bc: cort<IitiwtccJ upon compliance with the report 5. Prior to issuance of a Certificate of Oecupaacy for the new eesietcncc, the Applicant shall Demolish the e;xistin_.! residence or apply to the Cnurtty retain tttc residence (or portion thereat) :ri :i caretaker dwelling unit. Financial sceur•ity may be rcgniretl at the: tithe of issuance of :t permit for the new residence to cuurre the demolition of the cxistine residence. ti. The property shall bt: titttited to a m;iximutn of 10,750 square tCc;t of floor area exempt ti-um growth management, with square footage in excess of 5,750 beingavailabie only ttuaugh tie; of 'ft)lis. At building permit application, Utt: Applicant shall snrtrndcr original Ccrtificatcs af' TI~Rs and a ca}ry of the deed(s) evide;ncittF the Applicant's acquisition oEtitc C:ertilicatcs (if applicable), in order to develop more than 5,750 a»d up to 10,75(1 actuate feet of floor ;u'ea. Nu more than $,250 sc}uart: foot of fluor :trey shalt he developed within the lower building envelope. 7. t'rior to camntcnccmettt of any earthtnovin~ or construction activity, the: Applicant shah ~tatcc the 000024 ~~~~ .. •.,,_,, /Iearin~U rrrrUeter,uirtnlionNu. (IU-1' ~~ ~~~~~f ~~~~~~~~~~~~f ~#~ ~ ff PaS~• 3 or a ~, ll ~-? ~ ~~~~i~ ~~If~ ~~I~ I 4!3537 a + st•_v ~ ~ ~1~ ~~~~ 03/ 11 /2004 0 ~CI~C .3 rR ORVIS PjTKrN COlrgrY CO 3.58P . R 0.00 tI 0.00 corners of the building envetnl,c ant! install corstnletion fcneing around the perimeter of tlrc huiltling cnveh~pe. The fencing shall remain in place until a Certificate of Occupancy is issued far the residence. !l silt fe„ce shall he required between any peru,anent ur epilemer.,l water body on tht: property. 8. The Applic:u,t shall cnmpiy with the following measures to mitigate impacts to wildlife: A. N11ive vegetation shall he maintained outside ofthe building and acces+ envelopes, except as may by necessary to impMn,cnt the wildfire mitigation Incasw'es required c)s~whc:re in this doctrment_ [;. ['mvidc w;tste stot~rge that complies with B(>CC (?rdinancc No. 010-2Dt}l. Verification of caupliance shall 6e pravidcd prior to issrtancc of a certiiicatc of occupattey. (:. Fruit-bwring trees and shrubs shotdd 6c avoided in any landscaping due to the high levc} of black bear activity in this a,•ca. 9. The Ap},l'ra.~nt shad cou,ply with lire following landscaping and wildtire defc:nsibto space mitigation stancl;trds: A. i3rush, dcUris anil non-ornamental vegetation shall be removed within 10' of any strucaures. [1. Vegetation shall be reduced to break up the vertical anti horizontal continuity oE'the fuels a mittin,um oF30' around al! structures. L. Spncin6 betwu:n clulltps of brush and vegetation within t.hc 30' pelmeter sha[I b+; a minimum of two times the height of the fuel. Maximum diantctcr ufthc chnnps shall rtot exc~ctt ]0'. All measurements shall be morn the rdgcs of the crowns of the titcl. U. Alt brznrchcs from trees and brush within the 30' perinro(er slrrll be pruned to a h~igttt of ! Q' above the bround or hail the tor;tl height of the trc~, whichever is tens, in order to eliminate: ladder fuels. E. 'l'eer: trot;~tt se}~aration within the 30' perimeter si,ai[ have a tninimt-n, oE' 3 U feet between the aiges of the erowna. 1`. A!1 bnltcbes that extend ovur the roof caves shall be trimmer{ Ind all branches within l 5 feet of the chimneys shalt be removed. G. Ali deadfall withi,i.t 100' perimererofall Structures shall be re,rlavecl. 11. l,ow vegetation (maxi,mtnt height of ~ inches) or 6ardscapc shall be n,;tintaiued within 10' of all structures. Wnvdy vcrcaation shat! be avoided. I. Thin or romovc Gnmbct oak along the driveway. J. 'f7,c Appli~nnt shall be rusponyible for the contieaee:d maintenance of the defensible space: vegetation tt:quiremcnts. lU. Tlrc Appiic;n,t Shall comply with the foth~wmg additirn,al wildPirc: mitigation standards: A. ltuofs shill be constructed with a E'tass A roof covering nr a C:lach A asscmUty as delincd in the UL3C 1~~7 Srctinn 1504. Wood shakelshi,-gIe roof coverings are prohibited. Itools with less than a 3: f 2 pitch arc not pern,i-.toci t,nlrss they coarhly with rho following,: I) All roof coverings shat! be nr~ntombustibie materials as defined in the: Uniform f3uildinn Code (GtiC) 1997 Section 1504 and installed on 3 Class A rnof asse:mhty. --~, 2) AH roof coverings shall have a surlitce that shad faciiiL•,te the natural process of clearing the roof. a 3'!A ~~~~~~u1 ~j 49537Q p,,(( 11 tlt~~~~ I~~~~ ~ ii P~9e: 4 cf $ 1•learn,~(~ff~trlh-c'rntt~rarrnrrNo. _, UO q vis vtrrcl ~~~~~1~~ 03/ ,~~ _ N COUIVtY CO 11/2004 @3.58P j~+r~,~, .{ - R 0.00 D @ . @0 3} Af l roof designs shalt facilitate the natural itrocess of ctcai•ing ruof debris. Prutmsions above the ruufline, such as partpcts, shalt be prohibited. ~) tZt10('SSI);tEl be installed as required by 11fiC 1997 Chapter IS and shall hive mirtinu,nt slope of 1:48. S) All roof designs, coverings, or equivalent assc,nltlius shaft be ~pecif icaliy approved by the Fire Marsha! prior to submittal of ~ building permit apptiwti~rt. fl. Verbs shall be scrt:ened with corrosive resistant wire ntesll with mesh % inch nrasrmutn. C. Etoafs t-nd gutters shall be hcpt clear of debris. [). Y.rrtis shalt be kept clear of al I titter, stash, and flamntablo ttuhris. ti. All flatmmahle atatet•ialS and f firewood/wood plies shall tic stored cm n pnr:rllol contour :, utininu,m of t5 feet away from any ctntcttrrt:. F. Swimming pools or ponds steal! lx; acccssib2 to Firt: I)epartntent vciticles. G. f=ences shall be kt:pt clear of brush and debris, l t. Wood fences slt:tlt not connect to the structure. !. Feet tanks shall be installed undergmtutd with an ;tppnwed container. 1. Propane tanks sh;tfl be instaltett according to NF1'A 48 standards Und (1n a ClYltttlUf awfly from the stnrc;turc wilt st;utdartt defensible space vegetation mitig;uittn around any abova ~*rountl tank. Any wood cnclo3urv around the tank shall be constructed with materials approved for? hour fire-resistive constn,ctiun on the exterior :fide of the w;ttts. K. Gash structure shall have n minimum ofonc IU pound approved ARC fire cxiingnisbcr placed in a visible and accessible Irtcation. .-~, I,. Addresses steal! Ix: ctc:arly marked wish 2 inch nctn-c:osibt~stihla letters and shall be visible Anil 7ttGtatled on a non-conlhustible post. M. New utility lines shall be buried within the driveway. 11. The Appticmrt shall comply with all codes and rettuircntcnts of the Aspen Fire !'rotection f?istrict. 12. Prior to submission oFa buildine permit firr a [ictached or attached caretaker dwelling unit, the Applicant shall obtain and the Housing C)flice shall record a caretaker dweNing unit deed restriction- Floor plans of the unit shat[ he provided to the f loosing Off cc when the decd restriction is subtttittetl. The caretaker dwclliop, unit shall be lirnitctl to the nt:rxinnun act livable square foutagc a+ defined in the Cotle, and the kitchen shat tcontain aminimum of atwo-burner Stove with oven, standard sink, and a !cubic foot rcfri~crttor plus freezer. 13. l'ri,tr tct issuance afCerli(icatcs of Ckcupancy for the caretaker dwelling unit, l lousing Of?icc staff sh,rk! inspect tlu unit. 14. 'fo minimize the visual impacts ofthe devs;lopntent, the Appiicartt Shalt utili~c eon-rcllt:ctive buii;ling ntateriols. 15. No development, inch,tling gradi,tg, cxeavation, fill placement, hcnniu~;, landscaping, well, sCptic system. entry or ranch gates, and vct.,uation rent<wat or disturhancs; shaft occur oursitJC of the approved building utvelopes tntlass otherwise spcciiicd in this dou„nent, arch as necessary ,,,.., wiidlire ntiti~ation. it, t~. ~ ; l ,.t _ ~~~~~~~~~~~~~~~~I~~~~~~~~~~~I~~~~ (j f 49537(1 ~~~ ~iI ~~~~~ ~~~ I~~~ 03/ 1 ] /2004 03 : SSA t/~cn•engOfricc/• L)rJ<~r»tinttllnrrNn. ~ 10111 SIr.VIP 6P~I5 ~I1KtN COUgiT GO • R 0.00 D 0.00 __ . IG. Surface and grUtmd water' flows intercepted by rinds, utility h'enches attcf other tievrlopnmut intpruvements shat! not be diverted away frnttt an existing wetland_ t7. Activities below the s.:asonal high ground w~tertabl~, decreases itt infiltration and diversions of surface and ground water flows with d,•aiuagc ditches or (ill shall he prottibitcct ouisidc the building ettvciope_ L8. All .tress disturbed by consh•etctionshull be revcgetatccf with nativesftrubs and ~;rasscs to Limit wafer consumption and ai(didottal nmoft'within one growing season of the project's completion. 19. A(I li f*~tting shat comply with the regu(utions of the Latut Usc Code. 20. The Applicant sttnl) adhere to alt ntalcria! rcpresentations made iu the application or in rtthlic meetings or hearings and shall cUnsiticr those representations to be conditions of approw.+h un(css amended by athcr conditions. 2 t. Statutory vested rights for the approval cc,ntaincd herein arc: granted pursuant to the 1'ilkin County i~~tnd Use Code anc! Colorado Statutes. subjrct w the exceptions sea forUt in Pitkin County t and Use Code, ~ 4-(~O,utd C.IZ.S.• § 2~-18-lOS. The statutory vested ri5hts granted herein sltalE cspirc nn February TS, 207. ,..~. NO•Ftcr t)r PClfiidC IITARIiVC PUI3I.iSHF.D IN THC ASI'FN'i IMLS W~t:KLY nn the l7`t' duty of Jatutary, 2004. Ai'Pltov);v nNU AI}UI'TLU this ($tt' day of February, 20i>ri. I'UBI,Itif31•:D AI~TrR ADOl'TiON T4It VI:;STTI) I2F.AL P12UPI~,I2TY Itt(;H'I'S in the ns~cn_1'intc5 Wc,_ciety oet the ~ clay of ~P~,~,r~2004. ooooz7 ~:~.,, ,~ ~r~tr-irlq of/;~~~r- Ut~lNr,q;,rn/Fvr1 Nu~= 1001 ~ ~ ~~~ ~~~~ Pagc: 6 of 8 ~`~ SI'_YIH DgV1S VITKIN COUNTY CO (( 4 3/tl/2004 03,~8P r; 0.80 D 0.00 ~, A n~rrr ~T: _ ~~ `_- ~1 Janis " :Iylor. Alhltin stratrve Assistant API'f:OVLD ns TU r~1tM: "-~ ^ ~~~ John L•'ly, ~- CalFnty Attorney/~~ P137-01;}•Iru1?h~321 tri(wga COMMUNITY UrVL•'1A1'MENT DEf'AR7'MGNT ti1:AR1NC; OFi=1C~R OF P1'!'K1N COUNTY, COLURAi~O {`/ jam.-_~J_ / J.nnetttt R. True, HeariDg Ofticcr hate Z.Z~1Q~ API'ROV 1?D AS T'U CONTENT: Gi d IalUen, Y Eumntunity Uevcl~pmau Director ,> ,, y . oooo~g ~:~,,,,. .. ~~,.~. .-~..• I.LJI RI f ~~~~- ~~' olcnnKt t-ttt ASPEN SCHEDULE A Order Nuu~ber: 42080 N4. 1968 P. 3 LEGAL DESCRLPTION /~ C,ry/+~ ~~~~ ~~~ll ~~~~~~ ~~~~ ~~1~~~~ I~~~ 1~~~~ ~~~ ~~I~ ~~~~ 1~~~ 3g 1 zQ0 N3 :5HP n ~ I Exhibit "A (subject property} SILVIR DAV15 PIrKfli G°UItTY CO R 0,00 D 0,00 A tract of land situated In Lots 2 and 7, Section 21, Township 9 South, Range 85 West Of the Sixth Principal Meridian, Pitkin County. Colorado, described as follows: Beginning at the intetsectlon of Easterly right of way of Colorado Highway ~. No. 82, and the North line of said Section 21 whence the North quarter Comer of said Section 21 bears South t39°04' West 22.82 feet; thence South 15°39' East 47$.38 feet {calculated} fo fhe right of way described in Book 493 at Page 9$4; thence the following courses along said right of way; thence South 70°31' East 241.71 feet; thence South 59°22'=East 171.61 feet; thence South 68°24' East 176.08 feet; • thence South 71°41' East 116.26 feet; thence South 48°22' East 187.39 feet where it departs from said description; , thence North 51 °27' East 0.22 feet; thence the following calls along the County righ# of way: thence South 46°56' East 156.01 feet; ._ .........thenc~..South 37__37' East 154;42 feet where_it departs from said right f ____ way; thence North 49°14' East 243.$6 feet to the East line of Bald Lot 7; thence along the East tine of said Lot 7 North 01°12' West 1ti2.62 feet to a point in the Roaring Fork River; thence the following courses in said river, thence North fib°25' West 185.1 feet; thence North 46°30' West 100 feet; thence North 31°00' West 190 feet; thence North 05°00' East 4.15.88 feet fo the North line of said Section 21; Fu. r.la-..: a~o~o Stewmt Tltt.• ofAsp.n.lRc '""~'~. Atttcbed Ity) Dvcriytio° Pege 1 of I :~ ~a oaou2~ R _.__ ....,m ~,~enal II Itt n~ttM .~:..,;:~, ;~ .. , -r„•,' ' NO f968 P. 4 thence along ttte North Ilne of said Section 21 South 09°04' West 93f3.42 fee# to the Point of Beginning. County.of Pitkin, State of Colorado ~~~~~ ~~~I ~~~t~~ ~7~~ ~~~~~~~ ~~ ~~1~~~ ~ ~~~~~ ~~~~ ~~~ 4 9 5/20004 03:58 p t+t•_V Iii Dav75 pt7KIN COt)IVTY CC R 0.80 h 9.0f~ r fi ~~ File py~pber: 12060 Stcwc Title of /~st+en. lne. , Attaehed itgd DgL++plrOs Page 2 oft • .'..r u .. 0`00030 .... ~,. A,DMIlYISTRATIVE DECISION OF THE CON[MUNITY DEVELOPMENT DIRECTOR OF PTTKiN COUNTY, COLORADO, APPROVING THE FABRIZIO FAMILY TRUST MINOR AMENDMENT TO DEVELOPMENT PERMIT Administrative Decision No.~2005 RECTTALS l . Pursuant to Section 3-204-080 of the Land Use Code, the Fabrizio Family Trust ("Applicant") has applied to the Community Development Director of Pitkin County, Colorado ("Director") to amend the prior approval to allow development outside of the upper building envelope. The Applicant has proposed to relocate the driveway and to install landscaping, a berm and a pond outside of the envelope. 2. The property is located at 34458 Highway 82, north of the intersection of Smith Hill Way and Highway 82, and is more specifically described in Exhibit A. 3. The property contains 15.2 acres, and is a conforming size parcel in the AFR-10 zone district. 4. The Hearing Officer granted 1041 Hazard Review, Conceptual Submission, Special Review and GMQS Exemption approval, pursuant to Determination No. 04-2004. The 3 04l site plan was recorded in Plat Book 70 at Page 32. Two bui Iding envelopes were established -one on the upper bench adjacent to the highway that encompassed the existing residence and one on the lower bench. Condition #l5 of IDetermination No. 04-2004 prohibits development outside of the building envelopes. 5: The Director finds that the proposed development outside of the envelope wilt not change the use of the proposed development or the basic character of the land, is consistent wit11 action taken during the original review, does not increase off-site impacts or the allowable floor area, and will not endanger the public health, safety or welfare. THE DIItECTOR DOES HEREBY APPROVE the Fabrizio Family Trust Minor Amendment to a Development Permit, subject to the following conditions, which shall run with the land alld be binding on all successors in interest: L. All conditions of Hearing Officer Determination No. 04-2004 shall remain in full force and effect, except as amended herein. 2. Grading, excavation, fill placement, berming, landscaping, entry or ranch gates, and vegetation removal or disturbance may occur outside of the upper building envelope to the north (Woods Road property line} and west (Highway 82 property line) to install a lawn, lanoscaping and a pond and to relocate the driveway, subject to a plan reviewed and approved by the Community Development Department. 3. The Applicant shall adhere to all material representations made in the application. APPROVED by the Director, this ~k~- day of v~--`t' ~ , 2005. Cina~y 1-1'ouben, Community Development Director P1D #264321t00004;P208-OS III IIIIII III VIII IIIIIII ~~~ VIII IIII III) 0g 6264 02:04f I IIIIN VIII III SILVIR DRVIS PITKIN COUNTY CO R 0.00 D 0.00 ATTACHMENT 5 Street address and parcel description, including legal description, and 8-1/2"x 11"vicinity map locating the subject property within Piticin County The property is Iocated a# 34485 State Highway 82 neaz Woody Creek, Colorado. LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN LOTS 2 AND 7, Section 2I, Yownship 9 South, Range 85 West of the 6"' Principal Meridian, Pitkin County, Colorado, described as follows: I3egumiFig of the uitelsection of Easterly ng'~ht o~way a~Coloiado fiighway No. g2, and the North line of said Section 2I whence the North Quarter Corner of said Section 21 bears South 89°04' West 22.82 feet; Thence South 15°39' East 478.38 feet (calculated) to the right of way described in Book 493 at Page 984; thence the following courses along the right of way: thence South 70°3 ]' East 241.71 feet; thence South 59°22' East 17l .6 } feet; thence South 68°24' East 176.08 feet; thence South 71 °4 l' East 1 16.26 feet; thence South 48°22' East 187.39 feet where it departs from said description; thence North 51 °27' East 0.22 feet; thence the following calls along the County right of way: thence North 49° 14' East 243.86 feet to the East line of said Lot 7; thence along the East line of said Lot 7 North OI °12' West I 62.62 feet to a point in eth Roaring Fork River, thence the following courses in said river: thence North 68°25' West 185.1 feet; thence North 46°30' West 100 feet; thence North 31 °UO' West i 90 "feet; thence North OS°00' East 451.88 feet to the North line of said Section 21; thence along the North tine of said Section 21 South 09°04' West 938.02 feet to the Point of Beginning. Containing 15.24 acres more or less. ~~~~~! ~~~~ ~~fl~I ~~~1~ ~~ ~~I I 516264 ~~~ ~~ ~~f~ ~~~~ (~~ 30gI4/20@5 @2: 04F SILVIA DRVIS PITKIN COUNTY CO R 0.00 D 0.00 MINOR AMENDMENT TO A DEVELOPMENT PERMR Page 15 PARCEL ID M264321100004 ~x r 000032 ` ~ . .~~...~ . ~ ~ ~~ ~~, ~ ., , ~.~~ U~.~u~..u~~~,a,..~~.M,~~~w.., , ~.,. , ..~ ... ..w .~,, ~. 521798 IIIII~IIIIIIIIIII 03925!2006 22.49 111111 IIII .IIII 111111 IIIIIIIIIIIIII IIII .tANICE K VOS CRUDIL~ PITKIN COUNTY CQ R 0.00 D 0.00 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PTTKIN COUNTY, COLORADO, APPROVING THE FABRIZIO FAMILY TRUST MINOR AMENDMENT TO DEVELOPMENT PERMIT Administrative Decision No.~006 RECITALS 1. Pursuant to Section 3-200-080 of the Land Use Code, the Fabrizio Family Trust ("Applicant") has applied to the Community Development Director of Pitkin County, Colorado ("Director") to amend the prior approvals to accommodate the following: A. Modify and enlarge the Lower Building Envelope to accommodate the residence and required emergency turnaround; B. Modify and enlarge the approved Turnaround Envelope to be used to accommodate the septic system (and not the tarnaround); C. Establish a Uti lity Envelope from the Lower Building Envelope to the pond to the north to accommodate a dry hydrant and piping to provide a water source for fire fighting; D. Establish a Utility Envelope on the south side of the Lower Building Envelope to accommodate undergrounding of a portion of the existing overhead Qwest line. 2. The property is located at 34458 Highway 82, north of the intersection of Smith Hiil Way and Highway 82, and is more specifically described in Exhibit A. 3. The property contains 2 5.2 acres, and is a conforming size parcel in the AFR-10 zone district. 4. T1ie Hearing Officer granted 1041 Hazard Review, Conceptual Submission, Special Review and GMQS Exemption approva}, pursuant to Determination No. 04-2004. The 1041 site plan was recorded in Plat Book 70 at Page 32. Two building envelopes were established -one on the upper bench adjacent to the highway that encompassed the existing residence and one on the lower bench. Condition #l5 of Determination No. 04-2004 prohibits development outside of the building envelopes. The Community Development Director approved an amendment. to allow development outside of the upper building envelope, including relocation of the driveway and installation of landscaping, a berm and a pond, pursuant to Administrative Decision No. 104-2005. 5. The Division of Wildlife reviewed the application, and expressed concern with a portion of the proposed Lower Building Envelope that would encroach into riparian areas. In response, the Applicant has amended the proposed envelope to eliminate these areas. 6. The Director finds that the additional areas to be included within envelopes are located on slopes of less than 30% and that the proposed envelopes avoid riparian and wetland areas, with the exception of a portion of the Utility Envelope for the dry hydrant and water pipe, which is permitted within a wetland area pursuant to Sec. 3-80-080(G) of the land Use Code. in addition, the Army Corps of Engineers has authorized the work within the wetland adjacent to the pond under Nationwide General Permit #l2. 7. The Director further finds that the proposed development wilt not change the use of the proposed development or the basic character of the land; is consistent with action taken during the original review, does not increase off-site impacts or the allowable floor area, and will not endanger tl~e public health, safety or welfare. 000033 E..>.. ~t..~ Administrative Decision No,Q(16 Page l THE DIRECTOR DOES HEREBY APPROVE the Fabrizio Family Trust Minor Amendment to a Development Permit, subject to the following conditions, whicll shall run with the land and be binding on all successors in interest: All conditions of Hearing Officer Determination No. 04-2(]04 and Administrative Decision No. 104- 2005 shall remain in full force and effect, except as amended herein.. 2. Prior to submission of any earthmoving, access or building permit applications for the new residence and associated development, the Applicant shall submit an amended 1041_Hazard Review Site Plan to the Community Development Department for approval and recordation. The mylar copy of the site plan must be signed by the owner prior to submittal for recording. The site plan shall be amended as follows prior to submission for recordation: A. Add the Utility Envelope for the Qwest tine. B. Amend the Lower Building Envelope to eliminate the areas of the proposed envelope identified by the .Division of Wildlife as encroaching into riparian areas. C. Include a note that this site plan amend and replaces the site plan recorded in Plat Book 70 at Page 32. D. Include the wetland delineations on the site plan. 3. The trench for the water line from the pond to the Lower Building shall be hand dug as necessary to retain existing shrub vegetation, and the portion of the trench that occurs within the wetland area shall all be hand dug. Materials excavated from the trench shall be replaced immediately upon installation of the water line. The wetland areas impacted by the trench shall be mitigated at a ratio of 2:1 according to a mitigation plan approved by the County as part of the earthmoving permit for the trench. 4. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building, utility and septic envelopes and install construction fencing around the perimeter of the envelopes. Si}t fencing shall be installed along the eastern boundaries of t11e Lower Building Envelope and fhe Septic Envelope as well as the boundaries adjacent fo the delineated wetland areas. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 5. The Applicant shall adhere to all material representations made in the application. APPROVED by the Director, this ~,,_~-.day of J`t~-~~1. , 2006. Vl~ rr \ ~-6.r.1~ ~[v ~ ~ Cindy Houben, Community Development Director PID #264321100004;P022-06 ,~ I~ ~I~I~'I til IIII~ ~`~) I~`t 03`35 2 06 12 :49F ~ iii~« ~~~« ~i~~i~ i~i~~i i~ f~ JANICE K U05 CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 aoou~4 r-4 ,~' 3 f~yi e` ~. ~2 ~ 7~e ~. ```` !!ll (( 4~I I~~"~~ `~~ III~I ~~~~ I~I~ 03915/2006 12 : 49F IIIIII I I~IIf~ ~IIII~ III I I~IVII ~I~ 3ANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 ATTACHMENTS Street address and parcel description, including legal description, and 8-1/Z"x 11"vicinity map locating the subject property within Pitkin County The property is located at 34485 State Highway 82 near Woody Creek, Colorado. LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN LOTS 2 AND 7, Section 21, Yownship 9 South, Range 85 West of the 6~' Principal Meridian, Pitkin County, Colorado, described as follows: , Beginning at the intersection of Easterly right of way of Colorado highway No. 82, and the North line of said Section 21 whence the North Quarter Corner of said Section 21 bears South 89°04' West 22.82 feet; Thence South 15°39' East 478.38 feet (calculated) to the right of way described in Book 493 at Page 984; thence the following courses along the right of way: thence South 70°3l' East 241.71 feet; thence South 59°22' East 171.61 feet; thence South 68°24' East 176.08 feet; thence South 71 °41' East 116.26 feet; thence South 48°22' East 187.39 feet where it departs from said description; thence North S l °27' East 0.22 feet; thence .the following calls along the County right of way: thence North 49°14' East 243.86 feet to the East line of said Lot 7; thence along the East line of said Lot 7 North 01 ° 12' West 162.62 feet to a point in eth Roaring Fork River, thence the following courses in said river: thence North 68°25' West 185. l feet; thence North 46°30' West 100 feet; thence North 31 °00' West 190 feet; thence North OS°00' East 451.88 feet to the North line of said Section 21; thence along the North line of said Section 21 South 09°04' West 938.02 feet to the Point of Beginning. Containing 15.24 acres more or less. MINOR AMENDMENT TO A DEVELOPMENT PERMIT PARCEL !D 52643211D0004 Page 15 000005 ,.. . 3, ~ ...~. .~. 0 0 a c w c~ y t -,+Y~a.. ~ t ~ 8 ~ .. apt ~~ ~ ~~~~ $~R '' ~ ~ ~ ~ o~~~ - o ~ ~ ~ $;, ~ Q r ~ ~~ _ ... A ~ ~ ~ a aN ~ 3 d I ~~ ~~ ~ ,~' } t t l i ~a~ j i f i ~~ ~~~~~~~~z. ~ a ~ z o ~~ ~ ~ ~ ~ ~ ~z ~~ ~~ + ~r ~~~ ~~ ~1~ ' ~- ~a~ ~, -. __ ~ . $ "~ a ~`~ ,!~ ~~J r ~ ~ ~ ~ ~ ~ ~ 7! ~ '~ ~ - ~ ~_ _ gY Y~ ` ~ ~ ~ i w t /" s ~q w t .~ ~s to c EG ~ (`~ ~ ~ fl~~ \J ~ `~ ~ i .~ r c~ -- ~ ~ " _t_ ~ ~ t~ ---- ~ ~, _~ : ... ~. ~ -- ,. . _. ~ N ~ ~~ °+~ ~ w '.,~:~` ~ ~ ~, `E7 C`~ `~ '~ ~~ ~Q 3 t 4 jt { a $ M ~`'~ \ 7 ~ ~ra.~' ~GBCDImc ~a~ ~~~, °a~ .... ,~ .. ..... ,, .. ~., ...,.. ,...... ,.,. ~,,.. ~, .~.. ,~...~ .. ..~, ,,,, ~. ~~.,,~. ~.~~~ „~„~~.~ ~„,~,~u ~~.... ,.o r.. ~~~.~ G~~.. _: ha~w~n.VwwM~Aw.~ x n.ue.Yw+~. u.... o. o4_u u.n. l~.n,.~, ~a~~.... ...~ _. .. ~ _ _... w..d W~h . N i O 0 0 ~ }-~~. 101 outlgY~ ~i ~ ~ Y 7 '~ _~' q_p ~.a~i "E ~ x o ~~ ` iF w ~~ ~ ,...g N ~..~~..g g ~.» s~ ~ s r ~~s«ag ~~a~~s~.~ to F ° Y ~E~. iY~ r ~ y~= ~ ~ ~ ~ _~ yM'Ri w ~ T '. ~P~ 3r -"81 g iF ~ ~~ ..~ ~Y _ a ICI y ~ ` ' ~ ~ V ~ ~ ~ ~ ~~ o ~ ~ vqx ~ `,~~ '~ ' Y ~q , } ~ ~ ~ - i ~ ~ 7 ~ o 4 h£» ~ ~ ~ ~ 4 R ~ r, ~ ~ ~ ~~ 4y ~ - _ a ~ h `r'' 't \ i 0 ~ O O t ~~~gg '~ y ~ ~ '~ ~ n ~ ~9~~ ~ °n ~ ~r `ern ~~'~° ~~ o p~~°' ~ Y~~ L z 5~~~ ~ ~° $~g~ ~ . -.i ~~ ~~~ ~~ ~T a~ ~~ ~x 8 ~4 ~ +'~~+ ~~~ ?~J2 W 4 ~ ~ 11' 4 ~~ '~F a ~ ~. i --~`... w e m Y,. ec z m ~ x ~ ~ ~` T e ~ ~ ~ w u P ~ ~ _ b +~ s N A a'rr j / Q1~ .,/ ~ f ~ V\ /, ~ t S I K~ ((/ ~'i i• ! ,' .~ .+~~ :/ ~ .~- ~ ~, ~ s ~' ` C G ~ s~-: '~ ~ M ~ ~ ~„ r t7 ., _.~~^" Y $ I _........ __ ~.,.r.....- i .. _/~ d ~.~ r ~~ ~ ~a_ . ~ x _ ~/ `b~' O ~ ' .... ~.~~ ., -~~; ~ ~~ ~ ~,. L ~ ___ _ 3°" i M OI•}I'00'f i67.9-~ r ~; ~'~ \._ 4 t ~, ~ ~ ~ F to w r` ; ~ -cw L i~* C7 u ~N ~ ~~ Z Y r~ w ~~ ~ ~ sal ~~ ~~ ~ ~ 1.- vm mo , <1 1 ~ ~~ ''"~ ~~~o .•- ~" i ~,:~~ ~ 9~ fir 't. Z K ~ -~ ~ Z~ ~i+ ~` "~ t ~ ~ ° _~ ~ ~ 8 ~ ~~ ~~ a ~~' ~ ° > » ~ ~ ~ ~ ~ gg~i~i ~ ~s~.~a pp~ ~~ g i A ~• ~ ~ i ~4 sr u~ v~ ATTACHMENT 7 Water Rights Decree for Hydroelectric Purposes ACTIVITY ENVELOPE AND SfIE PLAN REVIEW PARCEL ID #2643-211-00.004 Page 20 000038 DISTRICT COURT, WATER DIVISION 5. COLORADO 109 8~" STKEET, SUITE 104 GL$NWOOD SPRINGS, CO 81601 PHONE NUMBER: (970) 945-5075 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: FABRIZIO FAMILY TRUST IN PITKIN COUNTY, COLORADO. E1+1LED Document CO Garfield County T)is*.rict Court 9th JI) Filing bate: Dec 1~ 204(i 2: Filing ID: 13212073 Review Clerk:.Ieanine llorsley - CASE Nv. 2006CW 145 . WATER DNISION 5 FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT This matter came before the Court upon the Application by the Applicant for a water surface right. The Water Judge referred the Application to the undersigned as Water Referee for Water Division No. ~ t Sat197 C known a aver ~aterwRights IcDeterminat one and Colorado Revised Sta Administration Act of 1969. The undersigned Referee has made such investigations as are necessary to determine whether or not the statements in the Application are true, has become fully advised with respect to t ater DivisiontNo ~5.t ThepReferee herebyamakes thef ollowing Division Engineer for W determination and ruling as the Referee in this matter. I. FINDINGS OF FACT, 1. The Applicant is FaBrizio Family Trust, whose address is c/o Tony Rutgers, Rutgers Construction, 256 Twining Flats Road, Aspen, Colorado 81611. Applicant was represented in this matter by Balcomb & Green, P.C., Post Office Drawer 790, Glenwood Springs, Colorado 81602, {970) 945-6546. 2, Applicant filed an Application for Surface Water Right on July 26, 2006. 3. The Application was properly published in the resume for Water Division No. 5. All notices required by law have been made, and the Court has jurisdiction over the Application and over all of the parties in this case. OOOU39 Y.... . - g. 4. No Statements of apposition to the Application were filed. The tune far filing such statements has expired. 5. The Court finds that the relief requested herein is consistent with the relief originally requested in the Application and for which public notice was provided. 6. Name of structure: FaBrizio Hydroelectric System. A. Legal description of each point of diversion: NW114 NEI14 Section 21, Township 9 South, Range 85 IlVest, 6t°` P.1Vl. at a point located 483 feet from the North section line of said Section 21 and 2,605 feet from the East section line of said Section 21. See, Figures 1 and 2, attached hereto. B. Source: Brush Creek, tributary of the Roaring Fork River, tributary of the Colorado River. C. Date of initiation of appropriation: September 1, 2005. D. How appropriation was initiated: Formation of intent to appropriate water far application to beneficial use, field investigation, and assessment of electrical potential_ E. Date water applied to beneficial use: Not Applicable. F. Amount elairned: 5.5. c.fs. (conditional). G. Use or proposed use: generation of hydroelectric power and fire protection. H. Remarks: Applicant conducted a hydroelectric feasibility study monitoring flows in Brush Creek at the proposed point of diversion for 12 months prior to filing the Application. Applicant recorded flows ranging from 3 c.fs. to 30 c.f.s. Based on the available flows, the Fabrizio Hydroelectric System has been designed to use a dual nozzle turbine, including one variable flow-needle nozzle. This variable flow-need nozzle and dual nozzle design will allow the Fabrizio Hydroelectric System to adjust to variable flaws. CASH N0.06CW 145 - 2 - FINDINGS, RULING 8t DECKLE OOOU~p ~ ~ . .., ~. II. CONCLUSIONS OF LAV1~, I. To the extent they constitute legal conclusions, the foregoing Findings of l+act are incorporated herein. 2. All notices required by law have been properly made, including as required under C.R.S. § 37-92-342(3}. The Court has jurisdiction over the Application and over all persons or entities who had standing to appear, even though they did not do so. 3. The Application is complete, covering all applicable matters required pursuant to the Water Right Determination and Administration Act of 1969, C.R.S. §§ 37-92-101 through -602. 4. The Court has given due consideration to the Division Engineer's Summary of Consultation dated Octobers, 2046. See, C.R.S. §37-9Z-302{4). 5. Applicant has fulfilled all legal requirements for a decree for the requested water rights, including C.R.S. §§ 37-92-302 and 37-92-305. $, The Court hereby concludes the Applicant has established that water can and will be diverted under the subject conditional water right and will be beneficially used, and that this water supply project can and will be completed with diligence and within a reasonable time. 7. The subject Application is in accordance with Colorado law. Applicant has fulfilled all legal requirements for entry of a decree in this case. IIi. TUDGMENT AND DECREE, 1. The foregoing findings of fact and conclusions of law are incorporated herein. 2. The Court hereby confirms and decrees the conditional water right for the FaBrizio Hydroelectric System in the amount of 5.5. c.f.s. for generation of hydroelectric power and fire protection. 3. Review of determinations made by the Division Engineer or the State Engineer in administration of the subject water right, is a "water matter° over which the Water Court has exclusive jurisdiction. 3 _ F~I`7ll}AfC'is, EZULiN(3 c~ DL•CRF.F.. CASti No. O6CW l 45 ooou~i 4. Pursuant to Rule 9 of the Uniform Local. Rules for All State Water Court Divisions, upon the sale or other transfer of the conditional Brush Creek right, the transferee shall file with the Division 5 Water Court a notice of transfer which shall state: A. The title and case number ofthis Case No. 06CW145; B. The description of the conditional water right transferred; C. The name of the transferor; D. The name and mailing address of the transferee; E. A copy of the recorded deed. The owner of the said conditional water right shall also notify the Clerk of the Division 5 Water Court of any change in mailing address. The Clerk shall place any notice of transfer or change of address in the case file of this Case No. 06CW145 and in the case file {if any) in which the Court first made a finding of reasonable diligence. It is accordingly ordered that this Ruling of Referee and Judgment and Decree shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to C.R.S. ~ 37-92-304, as amended. It is further ordered that a copy of this Ruling of Referee and Judgment and Decree shall be filed with the State Engineer and the Division Engineer for Water Division No. 5. .~i~ Done at the City of Glenwood Springs, Colorado, this ~~ day of I~r=l r tr,hc-' ~ 200. BY THE REFEREE: i Lain Leoniak, Water Referee Water Division No. 5 State of Colorado CAST No. 06CW 145 - 4 - Fwnnacs, Ru[.IDrG & AEC:~trc rr~~ f~ ~ a OQOU~G ..~.~ <. :. s:, r,~ a~ tIt ` F:FILED Document E Ct3 Garfield County District C:ourt ~th JD Filing hate: Jan 17 2007 i:fl6PM itiST Filing iD: 13486480 Review Clerk:.leanine Horsley , No protest was fled in this matter. The foregoing Ruling of the Referee is confirmed and approved, and is made the Judgment and Decree of this Court. If the Applicant wishes to maintain the conditional water right thereafter it shall file an application for a finding of reasonable diligence on or before _,,jQ~.ir ' ~ 261,, or make a showing on or before then that the conditional water right s become an absolute water eight by reason of the completion of the appropriation. j i Done this _/.~u day of 200. ~ BY THE COURT: `~ ante} B. Petre, Water Judge Water Division No. 5 CrsE No. 06CW 14$ $ _ F W DINGS, RULING 8c DECREE ,~~.~; ^. . ,. 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'si?-°• ~~t`' . x~#."~:' Ez ~r: #. ryv: Ntiit •.. _. .:: . a... %i::;e: . 6TH P.M. ~:>;.~:.:.: ~:~,,:; :: - - si_ DATE: JULY 17, 2006 j JOB NUMBER: 1 rt36-2.0 C1-iECKED BY: RSF ~ SCAL.E: 1~-1000' F6 f ~~RESC~URCE ~ FABRIZIO RESIDE~IGE FIGURE EN[31NEERtN©, INC. ~ WATER RIGHTS VICiIVITY MAP y wm c<xwaoa ~. ~ ae.wooo sc~cx. ~ esw+ (~~} 9as-n'r7. snit i9'ro} vas-ifs ' 000044 ~ . i... -; n .~~ ~'~ OUOU45 f: ?- ATTACHMENT 8 Letter Demonstrating Compliance with Standards for Development on Steep Slopes ACTIVITY ENVELOPE AND SITE PLAN REVIEW Page 21 PARGEL ID #264&211-00-004 ooo~s ~: . ~ ~~ o ~ ~ ~ . ; ~~~ .a __ .. <<~, ~.~ ~,~u~ N~,nM.4~ ~~...w~~, w~,w~,~~ wu ~ uww.~„au~. ~~~_.,~.,. ,.,, .,, ~ „~~,. ~~~~, 1 I'" I ~ err ~ ~~ ~ ~ . .... t I ,~~" E N G I N E E R I N G I N C Tom Newland February 20, 2007 Newland Project Resources, Inc. P.O. Box 4815 Basalt, CO 81621 RE: Certification of Proposed Hydropower Project at Fabrizio Residence Project Na. 1136-2.0 Dear Tom: Resource Engineering, Inc. (RESOURCE) has reviewed the surveyed topography for the Fabrizio Hydropower Project (Project). RESOURCE has developed a conceptual site plan for the project on Sheet 1 (attached). The proposed length of the penstock is approximately 830 lineal feet with an average slope of 15.4 percent. The penstock is proposed to be exposed and/or shallow buried. With the proper design and installation of pipeline anchors, pipe supports, and/or bedding, the stability of the slope, penstock and other hydropower appurtenances should be realized. The purpose of this letter is to certify that the design and construction of the Project can be accomplished so that there is no hazard posed to the stability of the slope and banks of Brush Creek with a proper mitigation plan that will be provided at a later date. The mitigation plan will include minimization of disturbance within the banks of Brush Creek and a provision that alt disturbed areas will be revegetated. The project will not introduce water to the site that will create a hazard or stability issue. Please feel free to contact me if you have any questions. Sincerely, RESOURCJ~GINEERING, INC. ---3 Eric F. Mangeot, P.E. Water Resources Engineer 1136-2.01EFM K:\Ciientsl1136 NEWLAND PROJECT RESOURCES12.0 Fabrizio~Pitco Engineer Cer&fication.doc Attachment Consulting Engineers and Hydrologists 808 Colorado Avenue ~ Glenwood Springs, CO 81 60'I Its (870) 845-6777 t Fax (870) 845-11 87 ATTACHMENT 9 Existing Conditions Map -and- ATTACHMENT 10 Proposed Site Plan -and- ATTACHMENT 11 Proposed Activity Envelope and Site Pfan Plat Are Contain Within the Attached Drawings ACTNITY ENVELOPE AND SITE PLAN REVIEW PARCEL tD #2643-211-040(}4 Page 22 ~~~U~~ PUBLIC NOTICE RE: Fabrizio Family Trust Activity Envelope and Site Plan Review (Case P031-0'n NOTICE IS HEREBY GIVEN that an application has been submitted by Fabrizio Family Trust (5600 Full Moon Drive, Houston, TX 76132) requesting approval of an Activity Envelope and Site Plan for the construction of a personal hydroelectric system that. will serve and existing residence. The property is located at 20 Smith Hill Way and is legally described as a tract of land situated in Lots 2 and 7, Section 21, Township 9 South, Range. 86 West of the 6~' P.M. The State Parcel Identification Number for the property is 2643-211-00-004. The application is available for public inspection in the Pitkin County Community Development Department; City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920-5482. Published in the Aspen Times Weekly on ~ ril ?'',_?t)p7. Attention Adiacent Property Owners A property owner receiving this public notice shall provide comments or objections to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by R1a~° l ~, 20 If any objections to the development application are received the Community Development Department shall continue the application. to ~a public hearing before the Hearing Officer. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 Ap~ri14, 2007 ~om Newland PO Box 4815 'Basalt, CO 81621 Re: Fabrizio Family Trust Activity Envelope and Site Plan Review (PID#2643-211-00-004; Case# P031-07) Dear Mr. Newland: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. 1. Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property owners with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by Apri120, 2007. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no .more than 60 days prior to the mailing. Please submit the enclosed- Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice shall provide-comments or objections to the Community Development by May 4, 2007. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 20 .day of April, 2007, which is at least fifteen (15) days prior to the (30 day out) May 4, 2007. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920- 5482. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2-20-100 Bonnie Waechtler Planning Administrative Assistant Community Development Pitkin County 130 South Galena Street, 3rd Floor, Aspen, CO 81611 9.70.920.5109 (Phone) 970.920.5439 (Fax) bonniew@co. pitldn. co. us PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-.5439 MEMORANDUM To: Colorado Division of Wildlife Environmental Health & Natural Resources FROM: Mike Kraemer, Community Development Department Re: Fabrizio Family Trust Activity Envelope and Site Plan Review (PID 2643-211-00-004; Case P031-07) DATE: Apri14, 2007 Attached. for your review and comments are materials for an application submitted by Fabrizio Family Trust. The Pitkin County Community Development Director will review the application. Please return your comments. to me by Friday, May 4, 2007. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. MEMORANDUM To: Michael Kraemer, Planning Department From: Warren C. Rider, Environmental Health & Natural Resources Department Date: May 1, 2007 Re: FaBrizio Family Trust Activity Envelope and Site Plan Review (Parcel ID # 2643-211-00-004; Case P031-07) SUMMARY OF RELEVANT PARTS OF APPLICATION: Applicant requests an Activity Envelope and Site Plan approval for placement of amicro-hydroelectric power source on the property. Applicant proposes to divert water in the amount of up to 5.5 cubic feet per second (cfs) from Brush Creek directly above its confluence with the Roaring Fork River. Applicant has provided documentation confirming decreed water rights (conditional) in the amount of 5.5 cfs for generation of hydroelectric power and fire protection (Water Court Case No. 06CW145). The Pitkin County Environmental Health & Natural Resources Department has reviewed the details of the FaBrizio Family Trust application under the authority of the Pitkin County Land Use Code and has the following comments. WATER COURSES AND DRAINAGE: 7-20-30 Applicant has committed to following the conditions of the Code referring to watercourses and drainage. Applicant will be required to submit details for approval relating to drainage and erosion control as a condition of approval for the hydroelectric generation facility and its entire associated infrastructure. Applicant will also be required to submit a detailed revegetation plan for approval, for the areas of disturbance with appropriate seed mixes. (See also Section 7-20- 40(d)(4) and (7). FLOODPLAIN HAZARDS: 7-20-40 Applicant proposes the installation of a water diversion structure, some minor culverts and associated infrastructure within the FEMA mapped 100-year Floodplain. Applicant is required to submit a completed Floodplain Development Permit Application for review of potential effects that this project may have on flood elevations. Applicant will be required to submit detailed plans for the diversion structure and all related components for review by the Floodplain Administrator, County Engineer (if necessary), and Land Manager (if necessary). Applicant did not specifically address the requirements of Sec. 7-20-40 of the Code. Applicant will be required to demonstrate that there is no impairment of flow or storage capacity of the Printed nn Reavded Paper ~ o -~ Z floodplain so as to cause foreseeable damage to others. It should be noted that placing structures within the floodplain for hydroelectric purposes cannot result in the loss of wetlands or riparian areas (Sec. 7-20-40 (c)(3)). Applicant, at this point, has not demonstrated compliance with these standards and they should be adequately addressed in the Floodplain Development Permit Application. RIVER AND STREAM CORRIDORS AND WETLANDS: 7-20-80: Applicant proposes the construction of a small power generation structure within the 100-foot setback to the features identified in section 7-20-80(a)(1). Applicant represents that there is no feasible alternative location to the proposed alignment. Applicant has identified two specific exceptions to the setback (water diversion facilities and culverts) with applicability to its application. While the exceptionsidsntified would cover diversion facility a e point of diversion and .the culverts re ug fired to cross the chaCn~l, the hydroelectric generation structure, UtTties, and piping are not water diversion facilities or culverts. Applicant should demonstrate more completely that there are no alternative locations for the additional structures currently sited within the 100 foot setback. It is the intent of this Code section to protect riparian and wetland corridors to the maximum extent practicable. The proposed action would have extensive linear impacts within the 100 foot setback, though the Applicant has proposed low impact methods for this development. Due to the steep nature of the site, it seems probable that there may be alternative alignments for the micro-hydro components that would be located outside all applicable setbacks to water resources and may cause less impact to riparian and wetland resources. In addition, Applicant has not presented detailed mitigation plans for the riparian and wetland areas that may be disturbed. If Applicant cannot present a feasible alternative location for the infrastructure proposed, a mitigation plan including wetland/riparian plant list and methods as well as erosion and sediment control methods and locations (Sec. 7-20-30(c)(1)(f)) will be required. This plan should address areas both inside and outside the 100-year floodplain and can be submitted with the required Floodplain Development Permit application for approval. In the event that Applicant does locate a feasible alternative location, a revegetation plan (Sec. 7- 20-30(8)(3)) and drainage and erosion details and locations shall still be provided. PMted on Nr7ded Papua' Z ,~ COMMUNITY DEVELOPMENT DEPARTMENT ~ 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 ' Pitkin County '1 Laced 'Use: 172 Board of Adjustment I 159 County Land Use Code .1.74 Flat Fee. ~ ~~ w 3.,~ 162 Zoning and Sign 1 & "~' 169 Public Notice+ "`~*' ~~ 160 Planning Enforcement i I75 Hearing Officer ~ Referral Fees: 210 Airport 1 LUCO1 County Clerk 211 County Engineer ' 194 Environmental Health _ ~~~;-; ~ ~ i 208 Historic - 198 Housing ~ - ~~ 190 Land Management 209 Redstone HPC j ,: 206 Wildlife Officer ' ;,::9 Building Fees: 170 Board of Appeals 105 Building Permit 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 1.50 Plan. Check 110 Plumbing Permit 7 130 Reinspection ' 152. AVFD Fire Marshal 158 BFD Fire Marshal ~ ` ~ Other Fees: 155 Use Tax 168 Copy PZ005 Master Plan Copy j 185 Park Dedication IS GIS Requirements. 161 Housing Impact Fee ! B 1202 Road Impact Fee B1203 .School Impact Fee { I TOTAL ':~" ~ 4 4'' `'. '7 ~ r~ NAME: , ~ ~ .~ ° ~;,. ~~ a ADDRESS/PROJECT: PHONE• , , r _ ~ ,;~ CHECK# ~ ~~ ~~~ ~~ CASE/PERMIT#: ' s '. ~ °'~ DATE: ~ .~ - ' ~ ~. ~ ~..,, ,INITIAL: ~ ~ ..~ ~~ { ,_~~~ ', ~ ~ r COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street .Aspen, Colorado 8161.1 (970) 920-5526 I'tkin County Land. Use: ' 172 Board-of Adjustment 159 Coun ty Land Use Code 174 Flat Fee °` 162 Zoning and Sign 169 Public Notice+ ~ 1' 160 Planning Enforcement ' i ' 175 Hearing Officer ~ Referral Fees: 210 Airport. ~ ( LUCO1 County Clerk I 211 1 County Engineer + 194 Environmental Health f 208 Historic. 198 Housing 190 Land Management 209 Redstone HPC 206 Wildlife Officer Building Fees: 170 Board of Appeals ~ 105 Building Permit 120 ..Electrical. Permit 195 Energy Code Review i 11.5 Mechanical Permit 150 Plan Check 110 Plumbing Permit - `~ l f 130 Reinspection . fI 1:52 AVFD Fire Marshal 158 BFD Fire Marshal 1 Other Fees: 155 Use Tax 165 i Copy ,, PZ005 Master Plan Copy ~ / i 185. Park Dedication ~ IS GIS Requirements ~~ 161 Housing Impact Fee ~ B 1202 Road Impact Fee B 1203 School Impact Fee TOTAL ""'"`" ~'=~/ 4-J NAME: f ~, ~ --- ~,-. ~ '~, 1 ADDRESS/PROJECT; ~ '' PHONE: CHECK# j CASE/:PERMIT# ; DATE; *~ """'~ ~'.., ~.. ~ [NITIAL:__ ~~~~~-~ ~, - ` ~,,~.. ,, PITKIN COUNTY CHECK REQUISITION (Please attach any appropriate papers) DATE: September 12, 2008 AMOUNT: 966 CHARGE ACCT. No: Flat Fee 002.02.00000.63342 $966 PAYMENT MADE TO: Fabrizio Family Trust 5600 Full Moon Drive Houston, TX 76132 REASON: Case # P031-07: Fabrizio Family Trust Activity Envelope and Site Plan Review; Application withdrawn. DEPT. HEAD APPROVAL: (PLEASE SIGN AND ~~ is~~~ TE) 0 REBAR AND ALUMINUM CAP ACCESS —L.S.# 25631 EASEMENT 14eo tagl"E a REBAR AND CAP 40.21' m LS #2376 r r, WOOD ROAD ^.,�. _�\ S 8900010011 W A x J�p C g FENCE 1 PE -112 PERMANENT EASEMENT REFERENCE CAP TO N% SEC 21 REO NO 392334 W.C. = 30.96 ` ` \ \ fFrrS k0E06J Rff0, NY4 SEC 21 X X X \ \t6\ 1, n �\ Inow O \ \, \ \ X �--+ x Y eEE NOTf. o \ \ 1 9: , ONE3igYl,* Loin �PoIw � T WP4HOUi BAEIAENf O ` \ oow!,aw / NRODM \\ \y/'EENIpw yM NCE ` x UPPER BUILDING ENMELOPE�, CO ` I , 00. \1 4 p FABRIZIO EXISTING CONDITIONS MAP VE #5 REBAR 938.021 vu 1`1 ` A ,/SEPTIC ,\ I ENVELOP 'fib ; �� / H-77 LOWE sM�ry �o BUILD ,N ti,4� ENVELO / 1 1 1 I � I`III III OI 1 �✓ 11 I � � ` ,q Y ,, 1111II! II ' I� I pi ' ', ✓�,�p . 1 ! 1 IIIp11` •Vr I - \ uj W Q w Y O u— z \ \ { $ REBAR AND CAP _ . '0�„ % LS #2376 1 1 goo" \� AND LS#2376 REBAR � \ \ 11 LS #1795 D CAP 1S \ LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN LOTS 2 AND 7, SECTION 21, TOWNSHIP 9 SOUTH, RANGE 86 1( \ s• i ~''� — \ WEST OF THE 6th PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, DESCRIBED AS ` \ �• �— _' �� i `-�� \ FOLLOWS: BEGINNING AT THE INTERSECTION OF EASTERLY RIGHT OF WAY OF COLORADO HIGHWAY NO. 82 AND THE NORTH LINE OF SAID SECTION 21 WHENCE THE NORTH '^•. /- i ~\ \ CORNER OF SAID SECTION 21 BEARS S 89004'W 22.82 FEET; \ \ THENCE S 15039' E 478.38 FEET (CALCULATED) TO THE R.O.W. DESCRIBED IN BOOK 493 PAGE 984; THENCE THE FOLLOWING COURSES ALONG SAID R.O.W.: \\ \ THENCE S 70039' E 241.71 FEET; "' \ THENCE S 59022' E 171.61 FEET; \ THENCE S 68024' E 176.08 FEET; THENCE S 711141' E 116.26 FEET; THENCE S 48022' E 187.39 FEET WHERE IT DEPARTS FROM SAID DESCRIPTION; THENCE S 510 2T W 1.00 FEET; THENCE THE FOLLOWING CALLS ALONG THE COUNTY R.O.W.: THENCE S 460 56' E 151.44 FEET THENCE S 370 37' E 150.02 FEET WHERE IT DEPARTS FROM SAID R.O,W.; THENCE N 49014' E 243.13 FEET TO THE EAST LINE OF SAID LOT 7; THENCE ALONG THE EAST LINE OF SAID LOT 7 N 0102'W 163.06 FEET TO A POINT IN THE ROARING FORK RIVER; THENCE THE FOLLOWING COURSES IN SAID RIVER: THENCE N 68025' W 185.1 FEET; THENCE N 46030' W 180 FEET THENCE N 31000' W 190 FEET THENCE N 0500'E 415.88 FEET TO THE NORTH LINE OF SAID SECTION 21; THENCE ALONG THE NORTH LINE OF SAID SECTION 21, S 89004' W 938.02 FEET TO THE POINT OF BEGINNING CONTAINING 15.24 ACRES MORE OR LESS. REBAR AND CAP LS #2376 GUARD RAIL LEGEND AND NOTES SLOPE ANALYSIS Color Range Beg. Range End 0.00 15.00 15.00 30.00 w 30.00 45.00 ■ 45.00 100.00 FENCE PROPERTY LINE 100 YEAR FLOOD BOUNDARY AS PER LETTER OF MAP REVISION DETERMINATION, CASE NO. 05.08.031 OF, AUGUST 15, 2005 UPPER BUILDING ENVELOPE DOES NOT INCLUDE SLOPES GREATER THAN 15% LOWER BUILDING ENVELOPES DO NOT INCLUDE SLOPES GREATER THAN 30% — WETLANDS DELINEATION AS PER NATURETECH WETLANDS ASSESSMENT OF 8/20/05 THIS PLAT AMENDS AND REPLACES THE "AMELIA L. KOPP FAMILY TRUST 1041 ENVIRONMENTAL REVIEW' PLAT AS RECORDED AT THE PITKIN COUNTY CLERK AND RECORDERS OFFICE ON THE 12TH DAY OR AUGUST, 2004, IN PLAT BOOK 70, PAGE 32 AS RECEPTION NUMBER 500763. POSTED ADDRESS "34425 STATE HIGHWAY 82" TITLE INFORMATION FURNISHED BY: PITKIN COUNTY TITLE, INC. CASE #PCT19445F2 DATED: APRIL 21, 2005 p \ 1 "=50' 1� 0 50 100 200 1� 2 FOOT CONTOURS loop XO I/ 00 O+ N \ \ \ Z9 1\ TOP OF BANK ROgR/N 68o1004W .70 GF R -r1 m .z r- cn \ o �o \ ,N � >1\ S 5102 1 011 _ \ \m 4` i .00, EDGE OF PAVEMENT REBAR F LS #1621 REBAR AND CAP LS #9018 REBAR AND CAP LS #2376 ATTACHMENT 9 ATTACHMENT 10 K:\CLIENTS\1 136\2,0 `rye,\` \ \ \ \ 1 I 1 1 \ \ \ I I,�vosS,��E-BAR---------------------------- _--� \ \ \ \ 1 \ 1 \ \ \ \ 1 \ 1 \ \ 1 POND \ 1 \ o 1 \ \ �♦ H0Lis E, 1 HYDRO TURBINE 4 I 1 I v �� � I [GENERATOR '. 1136-2,0 24X36 Conceat.DWG 4A \I Q PVC PIPE GRAPHIC SCALE R ,, I�PPER 1 1 I I I I 1 \ \ 250 L.F.±}�;\ I i -y` -r1 so a zs so ino 2376 4'X12' SETTLINGBUILDINGI I = -- \ TANK W/ OVERFLOW ,> \ FI �{ ( IN FEET ) i L --------T- BOUNDARY F- \ 1 "� \\ > Inch = 50 et. ENVELOP , I, 1' i I WETLANDS _ (TYP.) �. —------- rz co _-----------_� -.� I N GATE a �� — EXPOSED OR SHALLOW VALVE \ I -- — BURIED 12"0 HDPE PIPE c o, ' \ :. \ 580 L.F. --- r I RETURN FLOW INTAKE SCREEN SEFTfC ♦ `` -- / ._ �� \ s♦fti°�; ROARING FORK 1 N VELD 1_ F� , T RO F RIVER AND OVERFLOW \y 4n - BELOW CDOT _ - 40 \ x moo. CULVERT i 1 J1 4, ROADWAY, DRAINAGE AND UTILITY EASEMENT BOOK 458 PAGE 325 lQWER STREAM RING I \ /' \ \7 ANCHOR PIPE \ ENVELO E\\ ' -,PENSTOCK FNTO PROPOSED r (TYP.) BRIDGE e n `v - r POINT OF DIVERSION \� \ 1 `:5,�m ,-� /✓— �� �\0p�'— �a. z BRUSH CREEK goo- —.. I 1 ►' 483' FROM NORTH SECT. LINE - > ��"T 1 i 'S as / _ \ \\ 1 -► ;� I\ �. 2,605' FROM EAST SECT. LINE POWER RETURN,o� y' �\ ��` `y �♦♦v vv v s w E \ 1 I I 1\ TO ELECTRIC GRID / \ E'� NOTE: ALL POINTS LOCATED IN THE NW1/4 NE1/4, -°• SECTION 21s � T9S R85W OF THE 6TH P.M.71. a, ----- — -- v ��.ypg�� mil- \ \ \ ♦♦ `2� \ \ \ \\ ..� ... ry R ', z c;?.. '4 �'ys:.,' - " r V. y�i. - . ``q A\\ eS6`G C �i�• c♦ 4\ \ \\ N 510 27' E 1.00 LEGEND AND NOTES MIL mbi,6.— FOUND SURVEY MONUMENT AS DESCRIBED xg \ UTILITY Box �X/ SPIKE / \ f` FENCE �`�" - � UTILITY POLE _t. GATT \�� I \S I Iv TOPO FROM COUNTY G.I.S. � ,•;, ,.Q i ��, I �. _ ,� POSTED ADDRESS °34425 STATE HIGHWAY 82" "' I I O�t \" ^a0) 100 YEAR FLOOD BOUNDARY AS PER LETTER OF MAP REVISION DETERMINATION, CASE NO. 05-08-0310P, AUGUST 15, 2005' \ \ i - RECEPTION NG. 4G138G UPPER BUILDING ENVELOPE DOES NOT INCLUDE SLOPES GREATER THAN 15% \ LOWER BUILDING ENVELOPES DO NOT INCLUDE SLOPES GREATER THAN 30% ---- - - WETLANDS DELINEATION AS PER NATURETECH WETLANDS ASSESSMENT OF 8/20/05 "moons"'RESOURCE FABRIZIO MEMOS ■OONt MOONS '"F-HR'N '"� HYDROPOWER PROJECT 909 COLORADO AVE. ■ G FAX (7 SPRINGS, CG 87801 (970) 945-6777 4 FAX (970) 945-1137 NO. REVISION- DATE BY \ C- \,�Q18 2376 CONCEPTUAL SITE PLAN DATE: 02/ 1 6207 1 JOB NO. 1 136-2.0 DRAWN BY: EEM—� APPROVED BY: EEM JW SHEET 1 �•hI 3 �I� C'' SII i1 D 1 [ l f D n2376 S 89o04'00"W BASIS OF BEARINGS FENC ON PROPERTY LINE S 89o04'00"w 938.92' 1111 11 \\ EA_EMENT 1 1 \ 1 0 1 \ \ 4 �lON5\E- BAR ------'----------- 1 1 \ \ 1 \ HOU 7 68. tit1 � 2 1 1 \1 U ER M 2376 BUILDING \\, ENVELOPE O \ COT 1 l P —A SEME 1_ EASEMENT BOOKDRAINND AGELIY ly L LEGAL DESCRIPTION L� KOPP LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN LOTS 2 AND 7, SECTION 21, TOWNSHIP 9 SOUTH, RANGE 86 WEST OF THE 6th PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF EASTERLY RIGHT OF WAY OF COLORADO HIGHWAY NO. 82 AND THE NORTH LINE OF SAID SECTION 21 WHENCE THE NORTH CORNER OF SAID SECTION 21 BEARS S 89o04' W 22.82 FEET; THENCE S 15039' E 478.38 FEET (CALCULATED) TO THE R.O.W. DESCRIBED IN BOOK 493 PAGE 984; THENCE THE FOLLOWING COURSES ALONG SAID R.O.W.: THENCE S 70039' E 241.71 FEET; THENCE S 59022' E 171.61 FEET; THENCE S 68024' E 176.08 FEET; THENCE S 71 o41' E 116.26 FEET; THENCE S 48022' E 187.39 FEET WHERE IT DEPARTS FROM SAID DESCRIPTION; THENCE S 510 27' W 1.00 FEET; THENCE THE FOLLOWING CALLS ALONG THE COUNTY R.O.W.: THENCE S 46o 56' E 151.44 FEET; THENCE S 37o 37' E 150.02 FEET WHERE IT DEPARTS FROM SAID R.O.W.; THENCE N 49014' E 243.13 FEET TO THE EAST LINE OF SAID LOT 7; THENCE ALONG THE EAST LINE OF SAID LOT 7 N 01o12' W 163.06 FEET TO A POINT IN THE ROARING FORK RIVER; THENCE THE FOLLOWING COURSES IN SAID RIVER: THENCE N 68025' W 185.1 FEET; THENCE N 46o3O' W 180 FEET THENCE N 31o00' W 190 FEET THENCE N 05o00' E 415.88 FEET TO THE NORTH LINE OF SAID SECTION 21; THENCE ALONG THE NORTH LINE OF SAID SECTION 21, S 89oO4' W 938.02 FEET TO THE POINT OF BEGINNING CONTAINING 15.24 ACRES MORE OR LESS. SURVEYOR'S STATEMENT I, JASON R. NEIL, REGISTERED LAND SURVEYOR, DO HEREBY STATE THAT I HAVE PREPARED THIS PLAT OF THE KOPP—FABRIZIO AMENDED 1041 HAZARD REVIEW SUBMISSION, THAT THE LOCATION OF THE OUTSIDE BOUNDARY, ROADS, TOPOGRAPHY AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN HEREON. IN WITNESS THEREOF, I HAVE SET MY HAND AND SEAL THIS__—_DAY 2007 JASON R. NEIL, P.L.S. N0, 37935 3 1 4" ALUM. CAP, SOUTH 1/4 CORNER, SEC. 16, T.9 S., R.85 W., OF THE 6tH P.M. (LS. 20632) I 1 "=50' ' POND 0 50 100 2 FOOT CONTOURS 111 1 ONERN�PO N 5'lo 27' E 1.00 q� SCC r� GATE LEGEND AND NOTES O FOUND SURVEY MONUMENT AS DESCRIBED ❑ UTILITY BOX SPIKE e FENCE w . _ . _ . ACTIVITY ENVELOPE FOR MICRO HYDROELECTRIC FACILITIES 100 YEAR FLOOD BOUNDARY AS PER LETTER OF MAP REVISION DETERMINATION, CASE NO. 05-08-0310P, AUGUST 15, 2005 WETLANDS DELINEATION AS PER NATURETECH WETLANDS ASSESSMENT OF 8/20/05 = _ BUILDING, UTILITY AND ACCESS ENVELOPES APPROVED THROUGH ADMINISTRATIVE DECISION NO. 22-2006 AS RECORDED AT RECEPTION NO. 521798. TITLE INFORMATION FURNISHED BY: PITKIN COUNTY TITLE, INC. CASE #PCT19445F2 DATED: APRIL 21, 2005 TOPO FROM COUNTY G.I.S. POSTED ADDRESS "20 SMITH HILL WAY" THIS PLAT SUPPLEMENTS THE "KOPP - FABRIZIO 1041 ENVIRONMENTAL REVIEW" PLAT AS RECORDED AT THE PITKIN COUNTY CLERK AND RECORDERS OFFICE ON THE 10TH DAY OR APRIL, 2006, IN PLAT BOOK 78, PAGE 28 AS RECEPTION NUMBER 522779. 1 ONERN�PO N 5'lo 27' E 1.00 q� SCC r� GATE 9018 f a yy , Lip ertl, p ye{ r roll ! in 1 I . nn A I , „1 A ' 1 v+ 4 1 I 1 +: M�w VICINITY MAP COMMUNITY DEVELOPMENT APPROVAL THIS FABRIZIO MICRO HYDROELECTRIC FACILITIES ACTIVITY ENVELOPE AND SITE PLAN SUBMISSION HAS BEEN REVIEWED AND APPROVED BY THE PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR ON THIS ---- DAY OF 2007 BY ADMINISTRATIVE DECISION N0. -_ ____-_—_ AND RECORDED AS RECEPTION N0. SIGNED THIS ____ OF --_-____--, 2007. CINDY HOUBEN, DIRECTOR — 1041 HAZARD REVIEW AND WARNING APPLICANT ACKNOWLEDGES THAT HE/SHE HAS BEEN INFORMED BY PITKIN COUNTY OF THE EXISTENCE OF "1041 HAZARD AREAS" THAT MAY AFFECT THE PROPERTY AND IMPROVEMENTS AND THE USE AND OCCUPANCY THEREOF. THE PROVISIONS OF THESE REGULATIONS DO NOT IN ANY WAY IMPLY THAT AREAS OUTSIDE OF DESIGNATED HAZARDS WILL BE FREE FROM HAZARDS, OR THAT APPROVED MITIGATION MEASURES WILL GUARANTEE THE SAFETY OF THE PROPERTY. BY: —_--�------------------------------ OWNER'S SIGNATURE DATE ACCEPTANCE FOR RECORDING THIS SITE PLAN IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO THIS _-- DAY OF 2007 IN PLAT BOOK ---_ AT PAGE _._._- AS RECEPTION -------------------------- N CLERK AND RECORDER PITKIN COUNTY, COLORADO RECEPTION NO. 401386 "s' e 9018 f a yy , Lip ertl, p ye{ r roll ! in 1 I . nn A I , „1 A ' 1 v+ 4 1 I 1 +: M�w VICINITY MAP COMMUNITY DEVELOPMENT APPROVAL THIS FABRIZIO MICRO HYDROELECTRIC FACILITIES ACTIVITY ENVELOPE AND SITE PLAN SUBMISSION HAS BEEN REVIEWED AND APPROVED BY THE PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR ON THIS ---- DAY OF 2007 BY ADMINISTRATIVE DECISION N0. -_ ____-_—_ AND RECORDED AS RECEPTION N0. SIGNED THIS ____ OF --_-____--, 2007. CINDY HOUBEN, DIRECTOR — 1041 HAZARD REVIEW AND WARNING APPLICANT ACKNOWLEDGES THAT HE/SHE HAS BEEN INFORMED BY PITKIN COUNTY OF THE EXISTENCE OF "1041 HAZARD AREAS" THAT MAY AFFECT THE PROPERTY AND IMPROVEMENTS AND THE USE AND OCCUPANCY THEREOF. THE PROVISIONS OF THESE REGULATIONS DO NOT IN ANY WAY IMPLY THAT AREAS OUTSIDE OF DESIGNATED HAZARDS WILL BE FREE FROM HAZARDS, OR THAT APPROVED MITIGATION MEASURES WILL GUARANTEE THE SAFETY OF THE PROPERTY. BY: —_--�------------------------------ OWNER'S SIGNATURE DATE ACCEPTANCE FOR RECORDING THIS SITE PLAN IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO THIS _-- DAY OF 2007 IN PLAT BOOK ---_ AT PAGE _._._- AS RECEPTION -------------------------- N CLERK AND RECORDER PITKIN COUNTY, COLORADO RECEPTION NO. 401386