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HomeMy WebLinkAboutpitkin.planning.264326300801 (2007)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 (llxl'~ ADMINISTRATIVE DF,TERMINA770N OF THE COMMUNITY DEVELOPMENT DH2ECTOR OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE STARWOOD HOA AND ST'ARWOOD MF,TRO DISTRICT' ACTIVITY F.NVF,LOPE, SITE PLAN AND GMQS EXI;MP'I'ION FOR CIVIC/INSTITUTIONALUSES Administrative Decision No.~-2007 RECITALS Starwood Homeowners Association and the Starwood Metro District (hereafter referred to as "Applicants") have applied to the Community Development Director of Pitkin County ("Director") for Activity Envelope, Site Plan and GMQS Exemption for Civic/Institutional Uses approval to construct a 3,865 square foot Metro District facility for storage of equipment and meeting space. 1,700 square feet of the facility will be located below grade. 2. The property is located at 0121 Stewart Drive and specifically described in F,xhibit A. 3. The property is zoned RS-20 PUD and contains 35+ acres. 4. The atfidavit of public notice was mailed on July 5, 2007, to the adjacent property owners of the subject parcel. No comments were received within 15 days. 5. The Director finds this request is consistent with the requirements of the Land Use Code. APPROVED by the Director. subject to the following conditions: The Applicants shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider [hose representations to be conditions of approvah unless amended by other conditions. 2. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30- 20(8) and Application manual Section 2.1.12. "fhe above referenced approvals shall be a condition precedent to finalization and recordation. Prior to issuance of a building permit for, the Applicants shall: A. Complete a fireplace/woodstove registration form with the Community Uevelopment Department, if necessary. B. Submit a drainage and erosion control plan for review and approval by the County/Planning Engineer. C Submit a construction management plan for review and approval by the County/Planning }?ngineer showing the locations of staging, material storage and employee and construction traffic parking. D. Pay the applicable road and housing impact fees. 4. 'fhe Applicant shall adhere to the following medium wildlire standards: A. Vegetation Management RECEPTION#: 543877, 11!06/2007 at 01:33:49 PM, 1 OF 8, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO i o2- ~~ 1. Brush, debris and non-ornamental vegetation shall be removed within a minimum 10' perimeter around the residence. 2. Vegetation shall he reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the stmeture. 3. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the ti~el. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of I U feet above [he ground and ladder fuels from around trees and brush shall be removed. 5. "free crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. 6. All branches which extend over the roof caves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 7. All deadfall within the 100 foot perimeter shall be removed. 8. 'the property owner shall he responsible for the continued maintenance of the defensible space vegetation requirements. B. Access 1. Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriff's Department, local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. Where feasible, looped routes of access/egress to a public road shall be incorporated in the design of a proposed development. Looped routes of access/egress is defined as two (2) or more dedicated access roads to the main artery/highway for widely separated ingress/egress; looped drives with one (I) entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Community Development Department may approve vehicular turnaround areas a maximum of seven hundred fifty (750) feet apart installed between the road intersection and its terminus. Turnaround areas shall be the same standard as col-de-sac turnaround pads; these may be incorporated into the proposed driveway entries. 2. New dead-end streets shall not be permitted, except for col-de-sacs and other turnarounds accepted by the applicable local fire district. 3. Cul-de-sac turnaround pads shall have a minimum of a thirty (30) foot drivable surface inside turning radius or a hammerhead or other T-turn area acceptable to the applicable local fire district. 4. New driveways and access roadway shall enter the roadway at a ninety- degrcc (90°) angle for the tirst twenty-five (25) feet of the driveway. 5. Fuel breaks as recommended by a wildfire expert approved by the County may be incorporated into the design of access roads or driveways. C. Water Supply for Fire Safety I. When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by the Community Development Department and the local tiro district. I OZ - ~ 2. Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The amount of storage capacity for the subject Lot is 20,000 gallons with a minimum of one thousand (1,000) gallon storage capacity per structure. 3. Regardless of size, all structures (including detached garages and horse barns) where humans congregate regularly that are located within areas identified as containing "G-Severe Hazard: Trees" or "X--Severe Hazard: Brush" wildfire hazard shall be required to install in-house sprinkler systems that meet the standards of the local fire protection district and the adopted Building Cade. 4. All structures greater than five thousand (5,000) square feet in size shall be required to install in-house sprinkler systems that meet the standards of the local fire protection district and the adopted Building Code. At building permit submittal, the local fire protection district may require smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of proximity to fire protection services. D. Roofing Materials, Roofing Vents and Projections At and Below Roof Line. Unless the wildfire expert has recommended a different method of construction, roofs and projections at or below roof line in I.ow, Medium and Severe Wildfire Hazard Areas shall be constructed according to the following specifications: a) Low Hazard Area I. Roofing Matorials a. Class A covering or Class A Assembly as defined by the currently adopted building code. h. No wood shakes or shingles. 2. Roof Venting a. Soffit venting shall be located in the outer I/3r° portion of the overhang. b. Attic, soffit and other roof venting shall be ofnon-corrosive metal mesh with maximum 'i~° openings. 3. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: a. Sheath with non-combustible materials, or h. Combustihlc materials underlain with 5/8"' Type X gypboard or equal, or c. Minimum dx6 rafters with 2x 7'&G decking. IOZ- ZOC~ 4. Decks, Decking Cantilevered Floors, or Other Projections Below the IZoofl in e: a. Minimum 6x6 posts, 6x 10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. 5. Other a. Any methods approved for Seven Wildfire Hazard Areas may be used in Medium Wildfire Hazard Areas. E. All Hazard Areas Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Sevore Wildfire Ilazard Areas unless they comply with the following: I. All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3. Protnrsions above the rooFline, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by the adopted E3uilding Code and shall have a minimum pitch of 1:48. 5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the fire Marshall prior to submittal of a building permit application. 16Z- Z6~ F. Maintenance and Miscellaneous Requirements 1. Roofs and gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/~) inch maximum. 3. Yards shall be kept clear of all litter, slash and flammable debris. 4. All flammable materials shall be stored on a parallel contour a minimum of fifteen (1 ~) feet away from any structure. 5. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more. than six (6) inches. 6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (I S) feet awav from the structure. 7. Swimming pools and ponds shall be accessible by the local fire district. 8. Fences shall be kept clear of brush and debris. 9, Wood fences shall nut connect to other strictures. 10. Fuel tanks shall be installed underground with an approved container. 11. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire-resistive construction on the exterior side of the walls. 12. Each structure shall have a minimum of one ten (] 0) pound ABC fire extinguisher. 13. Addresses shall he clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on anon-combustible post. 14. A minimum of 20,000 gallons of water shall be contained on site, however if the Applicant can confirm the proximity of the nearest hydrant satisfactory to the Aspen Fire Protection District, this requirement can be alleviated. I5. The Applicant shall comply with the Aspen Pire Protection District Code. 5. The Applicant shall comply with the following general conditions regarding wildlife: A. Dogs shall be leashed or kenneled. B. Manipulation of vegetation outside of the Activity/Building Envelope is prohibited, except as required by wildfire mitigation. C. Mesh or woven wire fences are prohibited outside The Activity/Building Envelope. D. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed lifty-ti~ur (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two I2) rails. E. Wire fencing must be three (3) strands or less. The top wire should be a twelve- point-tivc (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. 'I'hc middle strands (which may be barbed) should be located a minimum bvelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. F. 'Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to live (5) per acre whenever possible as nesting and perching habitat. G. Fruit bearing trees and shrubs shall be prohibited within the Activity/Building F,nvelopc. 'Phis does nut include pre-existing native trees and shrubs. 102 ~ ZC~ H. Development shall be clustered to the maximum extent possible to minimize impact on wildlife. I. Access shall be provided to the Colorado Division of Wildlife for Trapping, tagging, studying, ur uthcrwise managing wildlife. J. Trash/garbage shall he kept in an approved bear resistant container or enclosure. 6. No development, including grading, excavation. fill placement, berming, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved Activity/Building hand/orJ access envelope except for wildfire mitigation. Construction, staging, parking, utility and driveway extension and maintenance shall occur within approved building, or access driveway. 7. Prior to commencement of any earthmoving or other construction activity, the Applicants shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 8. The Applicants shall meet the codes and requirements of the Aspen Fire Protection District. 9. The exterior of the residence shall be constructed or painted with indigenous earth tone materials or colors so as to blend in with immediate area around the residence. 10. Roofs shall have anon-rtlective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. 11. All areas disturbed by construction shall he re-vegetated with native shrubs and grasses within one growing season of the project's completion. 12. The proposed facility shall nut exceed shall not exceed 3,865 square feet and shall not be utilized for residential purposes. 13. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. these requirements will be considered at the time of building permit Am structures represented in the application may not be permitted under building and coning regulations. 14. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land lJse Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land lJse Cude, ~ 2-20-170 and C.R.S., § '4-68-105. 'the statutory vested rights granted herein shall expire on October 30, 2010. 15. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this propery. ~bz- 2~ PUBLISHED AFTER ADOP'T'ION FO~~ VF,STF,D RF,AI. PROPERTY RIGHTS in the Aspen Times Weekly' on the ~ ~ day of [V tiV , 2007. APPROVED by the Director, this 3~3.day of p2007. indy Houben Community Development Direcwr PID# 264326300801 P088-07 ~c~- z~ 1. A tract of land situated in the West ~ of Secr,ion 26, Township 9 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado. Said tract is more fully described as follows: Beginning at the Northeast corner of Lot R-80, Starwoad 12, according to the plat thereof re- corded in Plat Book 4 at page 122 of the Pitkin County records, whence the West ~ corner of said Section 26 bears S 36°34'44" W 589.28 feet; ' thence N 46°46'18" E 1276.36 feet to the Northwest corner of Lot P-16, Original Starwood, according to the plat thereof recorded in Ditch Book 2A at pale 282 of the Pitkin County records; thence 5 16 36'00" W 262.00 feet to the Westerly angle point of said Lot P-16; thence S OZ°47'30" E 340.20 feet to the Southwest corner of said Lot P-16; thence N 85°41'30" E 302.00 feet to the Southeast corner of said Lot P-16, being also a point on the Westerly R.O.W. line of Kessler Drive; thence S 31°08'30" E 123.54 feet along said Westerly R.O.W. line; thence S 03°53'00" E 1118.56 feet along said Westerly R.O.W. line to a point on the Northerly R.O.W. line of Stewart Drive; thence following said Northerly R.O.W. line 98.31 feet along the arc of a curve to the right having a radius of 60.00 feet; thence West 631.71 feet along said Northerly R.O.W. line; thence following said R.O.W, line 181.85 feet along the arc of a curve to the right having a radius of 647.81 feat; thence S 16°OU'00" W 30.00 feet along said Northerly R.O.W. line; thence following said Northerly R.O.W. line 217.31 feet along the arc of a curve to the right having a radius of 220.37 feet; thence N 17°30'00" W 643.10 feet along the Northerly and Easterly R.O.W. line of Stewart Dr io-e to a point on the East line of said Lot R-80; thence N 22°00'30" W 242.58 feet along the East line of Lot R-80 to the point of beginning, containing 35.538 acres, more or less. . ..___,_ ,.___.. _,. ~.,a MEMORANDUM TO: Cindy Houben, Community Development Director FROM: Ezra Louthis, Planner RE: Starwood Homeowners Association and the Starwood Metro District Activity Envelope, Site Plan and GMQS Exemption for Civic/Institutional Uses DATE: October 23, 2007 SUMMARY: The Applicant requests Activity Envelope, Site Plan and GMQS Exemption for Civic/Institutional Uses approval to construct a 3,865 square toot barn/storage/office space for the Starwood HOA and Metro District. The building is to be located on the 35+ acre ranch manager's parcel that is owned by the HOA and leased to the Metro District. The building is to be one-story with 1,700 square feet located below grade, and is to be used by employees of the HOA and District. There will be no living quarters located in the building. APPLICANT: Starwood Homeowners Association and the Starwood Metro District REPRESENTATIVE: The Lakeside Studio (Bill Lakes) LOCATION: 0121 Stewart Drive ZONING/LOT SIZE: The parcel contains approximately 35+ acres and is conforming. EXISTING CONDITIONS: 7'he property consists of pasture land and is developed with the ranch manager's house and garage containing a 1,400 square foot house with a 600 square foot garage. REFERRAL COMMENTS: "fhe CROW and Aspen Fire Protection District (AFPD) were referred on this application, but did not provide comments. In general, comments are outlined as conditions in the attached decision, and the comments are attached Tor reference. STAFF COMMENTS: EXEMPT/ON FOR C/V!C'.dND INST/77'l70N.A( l.'SF-S The Applicant has applied under the section 6-30-120 of the Code. Civic and Institutional uses may be exempt from GMQS subject to compliance with the following: a) General: To be eligible for an exemption ,from GMQS un applicant shall demonstrate that the development: 1. Lr listed in Z'able d-1 us a Civic or Institutional use, and provides a basic or fundamental public service or public amenity, will be crvuiluble to the general public or will he held for the public's benefit, services primarily the local cnn:munity, provides facilities in response to growth, and is not itself a growth generator; or 2. /s a necesran facility qJ'u non-prgfit institution whose mission it consistent wrth the purposes of this Land Use ('ode and with the goals and policies of [he Comprehensive Plan Response: The proposed facility for the Metro District and HOA falls under Public Facilities use type listed under Table 4-l, as it provides a fundamental public service and is available to the general public of Starwood Metro District community. "fhe facility is a response to growth generated by the surrounding community and is itself not a growth generator. b) Employee Mitigation: The Applicant shall agree to mitigate cnay employees that are generated by the proposed development, as specified in Sec. H-3U. Response: The Applicant has stated that this proposal will not generate any new employees, and is simply a location for existing employees and FIOA members to store equipment and have meeting space. c) Parking: The Applicant shu(l ucconunodate the parking necessary on-site or in another appropriate location to serve the proposed development. Response: The Applicant has provided a site plan that shows existing parking for the Facility. There has been no plan to increase parking availability because there will be no increase in parking demand. d) Facilities: The Applicant Shull ugree to provide arty in:provemenls to water supply, sewage treatment, drainage control, fire and police protection, mods, transit, trails, schools, library, hospital, and parks that are necessitated by the proposed development. Response: The facility will utilize the Metro District's water system and a new sewage system will be developed on the properly. Due to the proposed minimal use of the facility, other improvements are not required. e) Environmental mrd Visual Resources: The Applicant shall mitigate cmy adverse impacts on the community's air, water, land, emd other natural resources and any adverse visual impacts on the surrounding properties that are cazesed by the proposed development. Response: The surrounding neighbors are in support of the proposal, and by virtue of the location of the facility, and the fact that the facility cannot be seen from County Roads, there is no need to provide mitigation for visual resources. 'The proposed facility will have minimal impact on environmental resources. ACTIVITY ENVELOPE REVIEW (7-10-50): Request for an Activity Gnvelope and Site Plan must comply with the standards in Chapter 7. Steep and Potentially Unstable Slopes: Land Use Code Sec. 7 ?0-20 addresses standards for development on potentially unstable slopes; Response: The proposed Activity Envelope contains slopes of less than 30%, with the slopes generally less than 15%. Water Courses and Drainage: Land Use Code Sec. 7-20-30 addresses water resource standards which are applicable to all development. Response: The proposed envelopes contain no waterways to channel or encroach upon. A drainage plan for the properly will be provided at building permit. Historic flow patterns will be maintained. Wildfrre: Land Use Code Subsection 7-20-60 addresses development in wildfire hazard areas. Response: The properly is rated as Low Wildfire llazard, and the Applicant will comply with the required Section of the Code. 000002 Wild[ije: Land Use Code Section 7-20-70 addresses development within wildlife areas. Response: The property is located within Elk Winter Range, and the CDOW reviewed the request, and provided comments. The Applicant will comply with this Section of the Code. SITE PLAN REVIEW The Applicant has requested site plan approval. "l"his request requires a review of: (1) placement of development within an approved activity envelope; (2) development within a scenic view protection area pursuant to section 7- 20-120(d); (4) landscaping and vegetation protection pursuant to section 7-20-130; and (5) lighting in accordance with section 7-20-140. Development with an Activity Envelope The Applicant has proposed an activity envelope that encompasses all development on the Lot. Section 7-20- 10(c) addresses tree removal mitigation. The requirement states that all trees 6" diameter at breast height (d.b.h.) removed within the Activity Envelope shall be replaced with one or more trees with total d.b.h. at least equal to the caliper of the trees removed. Scenic Review The property and proposed development is not visible from the scenic corridors of Highway 82 or McClain Flats Road, and thus it is exempt from Ridgeline and Scenic Review. Landscaping and Vegetation Prolecti~n: Land Use Code Sec. 7-20-130 is intended to preserve existing vegetation on a development site to the maximum extent possible. Response: The proposed development is located adjacent to the Ranch Manager's house and is within a vacant field. RECOMMENDATION: Staff recommends approval of the Starwood Homeowners Association and the Starwood Metro District Activity Envelope, Site Plan and GMQS Exemption for Civic/Institutional Uses subject to the conditions of the attached decision ATTACHMENTS: A. Draft Decision B. CDOW C. Aspen Fire ~0~~~~ STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Mark B. Konishi, Acting Director 6060 Broadway Denver, Colorado 80216 Telephone: (303)297-1192 wildlife.state. co. us July 2Q 2007 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 RE: Starwood I30A GMQS Exemption Dear Ezra: For Widdlife- For People The Starwood HOA site lies within elk winter range but due to the proximity of the building to the manager's home, this use is minimal. The site also lies within a black bear concentration azea and human-conflict area. The HOA will need to take the proper precautions to minimize human-beaz conflicts. Construction of the building adjacent to the manager's home should not have any significant impact to wildlife. The following recommendations will help minimize human-wildlife conflicts: 1. implement measures outlined in section 7-20-70 of the land use code as it pertains to black bears 2. round handled door knobs should be used for all outside doors instead of lever handles in order to minimize a bear's ability to gain entry 3. contractors/construction workers aze required by code to provide a bear proof container for all food related trash. This is not being followed by the majority of construction sites and needs to be adequately enforced and relayed to al] construction workers. 4. contractors/construction workers should not be allowed to bring dogs on site during construction as the Division has had problems with construction worker dogs chasing wildlife. This is important when building within big game winter range azeas. If you have any questions, please contact DWM Kevin Wright at 947-2920. Sincerely, _~ ~rry WW~ Area'Wildlife Manager Cc: R. Velarde, K. Wright, file -~~ I I ~' ~'~~' DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director W ILDLIFE COMMISSION, Tom Burke, Chair • Claire O'Neal, Vice Chair • Robert Bray, Secretary O O O rt O ~ Members, Dennis Buechler • Brad Coors • Jeffrey Crawford • Tim Glenn • Roy McAnaly • Richard Ray U Ex Officio Members, Hams Sherman and John Stulp Memo To: Eua Louthis, Community Development Department From: Ed Van Walraven, Fire Marshal CC: Date: July 23, 2007 Re: Stanwood HOA PID #2643-263-00-801; Case P088-07 Ezra, This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but is not limited to Fire Department Access (International Fire Code 2003 Edition Section 503), Turning around of fire apparatus (IFC Section 503.2.5), Due to location an approved fire sprinkler system shall be provided in all structures regardless of size (IFC as amended Section 903), Water supply, a minimum of 20,000 gallons (IFC Section 508), and detailed wildfire mitigation plans far both landscaping and structural standpoints shall be submitted. Confirmation of the proximity of the nearest fire hydrant required to mitigate the 20,000 gallon water supply. Please have the applicant contact the Fire Marshal's Office for spec'rfications on the above requirements. T k you, Ed _.w _ ~ri a _ . t 000005 ~. . ~fi _ „~ W I L L I A M C L I N T O N L U K E S A I A Monday, June 11, 2007 Ezra Louthis, Planner Pitkin County Community Development 130 South Galena Aspen, Colorado 81611 re: Activity Envelope and Site Plan Review GMQS Exemption for Civic and Institutional Uses Stanwood Metropolitan District and Stanwood HOA Proposed Metro District Office 121 Stewart Drive, Pitkin County Parcel ID 2643 2620 0801 and 2643 2630 0801 Ezra: On behalf of the Stanwood Metropolitan District (SMD) and the Stanwood Homeowners Association (SHOA), collectively referred to herein as the Applicant, I am submitting this application forActivity Envelope and Site Plan Review with vested rights and, appurtenant to that application, a request for a GMOS exemption to construct Metro District facilities on a 35+ acre parcel of Common Area upon which the Stanwood manager's house is located. As required by the Land Use Code provisions referenced in the Pre-application Conference Summary dated March 29, 2007, this application will provide a brief summary of the property as it exists today and of the project for which Applicant is requesting the above approval and GMQS exemption, and also a detailed narrative responding to each of the substantive standards set forth in the applicable portions of the Land Use Code. At the end of the application is an index of exhibits and copies of the required documents, drawings and other exhibits. PROJECT DESCRIPTION The Stanwood Metropolitan District (SMD) was formed in 2000 and has the responsibility for the quasi- governmentalmanagement ofthe infrastructure in and around Stanwood; roads, watersystem, maintenance of rights-of-way, maintenance of recreational facilities, gatehouse, etc. Neither the Stanwood HOA nor the Metro District has had any dedicated space in which to conduct business, maintain records, store materials, and supervise the operations of the infrastructure; heretofore, the HOA and Metro District offices and functions have occurred within the existing manager's house - in a spare bedroom, in the garage, and on the dining room table. As the quantity of records and the complexity of operating the infrastructure have grown, this arrangementjust doesn'twork anymore; both the business operations and the use ofthe existing house as the originally intended manager's home have suffered. THE LAKESIDE STUDIO 801 LAKESIDE DRIVE CARBONDALE COLORADO 6 1 623-3 1 09 F 963 6026 P 970 983 8029 ooouo~ ~ loLc SMD and the HOA decided about a year ago that they would either have to build an additional facility within Stanwood to house their operations, or find office and storage space in some commercial area. There was a clear preference for locating the facilities within Stanwood for obvious reasons of convenience, eliminating vehicle trips to remote locations, and accessibility of records and information. After initial meetings with Community Development indicated support for the idea of locating such a facility on one of the common area parcels as an essential community facility for the neighborhood, we studied various site options around Stanwood. The two Boards (SMD and SHOA) and the community have settled on a site immediately adjacent to the existing manager's house as the best site in terms of minimizing all impacts, appropriateness of the site, and practicality. The planned building would be one story with low-pitched roofs, about 2,165 SF, and there would be a partial basement of about 1,700 SF. Most of the basement will likely be unfinished or semi-finished as records storage space, but there will be a "clean-up" bathroom in the basement for the manager and his people, as they do a lot of outdoor work projects. There will not be any living space in this building. Exterior materials will likely include rusted steel corrugated roofing, wood siding, and some stone veneer. The color scheme will blend in with the surrounding landscape and homes, and exterior lighting will be both minimal and appropriately rural in character. The site is rather flat, with just some gentle rolls, and the building would be located in a small clearing adjacent to existing stands of scrub oak for visual screening. There will be new landscaping for additional visual screening. There are basically no continuous forest or brush and no steep hillsides in this area, just isolated stands of trees; virtually all of the 35 acre pasture is an irrigated hay field or the irrigated yard area surrounding the manager's house. The site is in an area mapped for Ridgeline Review but, because of a prominent ridge between the site and the public roads below (McLain Flats Road and SH 82) and the site's setback from that ridge, the existing manager's house and the site of the proposed addition are not visible from either public road. The only visual impacts are within the Stanwood community, and the community's keen interest in this project has been addressed by means of extensive neighbor notification and community input, review of height poles for several site alternatives, and consideration of a number of building designs and landscape plans. No new employees or traffic will be generated by this project; in fact, the opposite is true by design. Two of the reasons that this site was selected by the Applicant were to minimize traffic, both within and without Stanwood, and to provide maximum function with the existing employees; the manager and the secretary are the two people who primarily work in this office, and they live right there. By locating the facility within Stanwood, traffic is minimized and the likelihood of needing additional employees is reduced. Municipal Bond financing for this project was approved by the electors of the Stanwood Metropolitan District in November, 2006. SUMMARY OF EXISTING IMPROVEMENTS, SITE CONDITIONS AND ZONING The Stanwood HOA owns all of the common areas within Stanwood, including road rights-of-way, several designated "C"parcels that are either undeveloped or that have similar community facilities for maintenance or operations, "P" pasture tracts that are leased to the owners of adjacent residential lots, and two large (35 acre +/-) common area parcels. With the formation of the SMD, certain improvements and/or the land on which they sit are in the process of being leased to the Metro District; hence, this application is being jointly undertaken by the Metro District as the owner of the project and the HOA as the owner of the underlying property. There are a variety of existing improvements on HOA common areas, including watertanks, pump stations, utilities, recreational facilities, the gatehouse, and the manager's house. We have had to undertake some research on this property as two Parcel ID numbers showed up in the Assessor's records for portions of the property. At first, it appeared as if the property may have been subdivided and a .9 acre parcel where the manager's house IS IOC2ted C2rv2d out of the original 35 acre mete and bounds common area tract. As it turns out, the property was not subdivided at all, but rather there was permission given by the Stern family interests to the HOA via a recorded document for the HOA to utilize a .9 acre portion of the parcel for use as a manager's residence while the Sterns still controlled the basic 35 acre parcel. This permission was necessary because the Stern family retained a 40 year right of use on the whole 35 acre parcel when that parcel was transferred to the HOA. Subsequent to all of that, in the mid-1970's, the Stern family rights were extinguished and all of their interests transferred to the HOA THE LAKESIDE STUDIO 801 LAKESIDE DRIVE GARB ONDALE COLORADO 8 1 623-3 1 09 F 963 8026 P 970 963 8025 000002 when they sold their last property in Stanwood, restoring single entity control and effectively extinguishing the need to identify the .9 acre portion separately. These recorded documents are included in Exhibit A-ti. Nevertheless, the Assessor's office currently identifies the two parts of the one parcel with different parcel ID numbers, perhaps because of history, perhaps because of the two different uses and different bases for tax purposes. I cannot be clear as to their reasons for that, but Stanwood holds that the parcel is one, undivided metes and bounds parcel comprising slightly more than 35 acres. An existing manager's house with attached garage is located on the property. The house will remain and will be unchanged in size, but part of this project includes addressing deferred maintenance of the exterior and also addressing both potential wildfire and general fire hazards by replacing the exterior materials. New siding, probably with some stone veneer, fire-resistant roofs and soffits, and related improvements will be installed on the existing house when the addition is built for SMD. The existing house is a standard tract house of about 1,400 SF with a 600 SF attached garage. Stanwood has been split into two different zone districts for a long time, for some reason, and this parcel is situated in the RS-20 zone toward the northern end of the subdivision. Since it has more than 20 acres, it is conforming in size. The proximity of adequate utilities was another reason why this site was chosen by the Applicant. There will be separate utility extensions to the new building from the adjacent road, and a new septic system to serve the new bathrooms. We are either going to construct a new and separate ISDS for the addition or perhaps replace the existing manager's house ISDS with one new system that would meet current codes and serve both structures. We have to do more engineering and evaluation before making that decision. III SUMMARY OF APPLICATION GMQS Exemption: Based on the unique character and circumstances of this project, and previous discussions with Community Development staff about the best way to proceed with accommodating these uses, we believe that a GMQS exemption for an essential public facility or utility which is not generating growth is appropriate. Activity Envelope: After careful consideration of potential sites within Stanwood over the past year, the applicants have identified this particular location as minimizing any possible impacts to the neighborhood and the general public. The site and project will not be visible from the nearby Scenic View Protection roadways, wildfire hazard risks are minimal, wildlife impacts are minimized by virtue of the location chosen for the project, and traffic /parking needs are reduced to the minimum by the use of this location. Parking: Applicant proposes a reduction in the amount of required parking in order to provide the likely level of parking actually needed while providing a reduction in developed area. This works toward other goals that are part of the LUC Standards and community priorities. The Applicant would prefer to provide a moderate amount of parking that we think will be adequate and monitor the usage and possible need for additional parking up to Code requirements for a few years, than to build a larger parking lot than might be necessary and have greater impacts and developed area because of doing so. Floor Area: The existing manager's house has 2,025 gross residential SF and the proposed addition would add 3,865 gross non-residential SF, for a total of 5,890 SF. THE LAKESIDE STUDIO HO 1 LAKESIDE DRIVE CARBONDALE COLORADO 8 1 623-3 1 09 F 963 8026 P 970 963 8025 • 000003 I understand from the pre-app summary that public notice is required for this Activity Envelope /Site Plan review. Please let me know what dates and specifics need to be on the public notice sign and I'll have that placed by whatever date you specify. I have attached the names and addresses of adjacent property owners as Exhibit A-11; we can provide envelopes and/or take care of the certified mailing if you let me know what we are supposed to do to complete that notification. Please let me know if you need any further information at this point or if the application is in any way incomplete. Thanks again, The Lakeside Studio William Lukes AIA THE LAKESIDE STUDIO 801 LAKESIDE DRIVE CARBONDAI.E COLORADO 8 1 623-3 1 09 F 963 8026 P 970 963 8025 • O ~ O O IV APPLICATION NARRATIVE According to the Pre-Application Conference Summary dated March 29, 2007, the following substantive standards are to be addressed in this application. The language of the Land Use Code is italicized and our responses and planned mitigation measures are in regular type following the Code requirements. ACTIVITY ENVELOPE REVIEW STANDARDS REPORT. Land Use Code Section 2-30-20(g) Administrative Review Procedure .................................................................................................Criteria for Approval........................... ....................... Response: Based on conversations and meetings with Lance Clarke and Ezra Louthis of Community Development, and the pre-application conference summary dated March 29, 2007, this application is appropriate for Administrative Review. Land Use Code Section 2-30-20(g)(2) Administrative Review Procedure Criteria for Approval ................................................................ Site Plan (2) SITE PLAN A Site Plan shall be approved if it complies with (a) all applicable provisions of this Land Use Code, (b) any Activity Envelope previously approved for the property pursuant to Sec. 7-70-50, and ©all prior development approvals applicable to the subject property. Where the property contains Constrained Areas, the Community Development Department staff shall follow those Priorities for Locating New Activity or Development listed in Sec. 7-10-60. if an Activity Envelope has not been previously established for the property pursuant to Sec. 7-10-50, one shall be established as part of the Site Plan Review process. Response: To the best of my knowledge, this application complies with the Land Use Code and prior development approvals for the property, which only included the construction of a single family manager's residence sometime in the 1980's. I do not believe that there are any prior Activity or 1041 Envelopes for this property, as there has been no development of any type since this one home was built and then the garage added on some 20 years ago. We believe that this application will demonstrate that the proposed addition respects the Priorities for Locating New Activity or Development by clustering development, preserving the integrity of the open space and agricultural land to the greatest extent possible, avoiding visual impacts, avoiding Constrained Areas where there is that option, and by confining new construction to one small, already developed and occupied portion of the property. In addition, the Stanwood community and HOA have considered a number of site alternatives at a detailed level and have extensively analyzed the potential impacts from this building, and have determined after months of review that this is the best location for these necessary additional community facilities. Land Use Code Section 6-30-100 GMQS Exemption for legally created parcel ........................................................................................................................... 6-30-100: EXEMPTION FOR DEVELOPMENT OF UP TO 5,750 SQUARE FEET OF RESIDENTIAL FLOOR AREA ON CERTA/N TYPES OF PRE-EXISTING LOTS A GMQS exemption is provided for the development of residential floor area in the following situations, subject to compliance with the standards in this section. V. ,~ ~ ,~ a ~ r,r.,~~~~, ~,.~>n~.~,~~~::>r, 'unk f? .. ~ ~ ,? 000005 (a) Exemption for Any Lot or Parcel That Was Legally Created Before June 12, 1978 The development of residential floor area on a lot or parcel legally created before June 12, 1978, may be exempted from Growth Management This GMQS exemption maybe used to develop one single family dwelling unit and accessory structures that count as floor area, subject to compliance with all other applicable provisions of this Land Use Code and the following additional standards: (1) WITHOUT EXISTING STRUCTURES (not applicable] (2) WITH EXISTING STRUCTURES UNDER 5,750 SQUARE FEET If there are existing structures on the lot orparcel that countas f/oorarea, then the applicant may expand the structures or develop a new structure(s), up to a cumulative limit equal to the base maximum size permitted by Table 5-1 on the lot or parcel. If there is already an existing single-family dwelling unit on the lot or parcel, then the applicant may not use the remaining square footage to create an additional dwelling unit of (sic) density. (3-9) (not applicablej Response: This parcel is a metes and bounds parcel that was created prior to June 12, 1978 and was conveyed to the Stanwood HOA by the original developer of Stanwood on March 1, 1974 as more fully described in the Exhibits. There is an existing single family residence of approximately 1,416.5 SF and an attached garage of approximately 608 SF, for a total of approximately 2,024.5 gross SF. No additional residential floor area [or unit] is proposed as part of this application. Land Use Code Section 6-30-120 GMQS Exem tion for Civic and Institutional Uses ........................................................................................................................... P.......................................................................... The deve/opment ofcivic and institutional uses maybe exempted from GMQS subject to compliance with this section. Response: The project qualifies for a GMQS exemption for Civic and Institutional use as a necessary facility serving the purposes of the Stanwood Metropolitan District in providing essential services to the constituents of the District and we believe, therefore, that this is the most appropriate exemption for this project. The building would have approximately 2,165 SF on the main level and a 1,700 SF basement which is fully below grade, for a total of approximately 3,865 SF. (a) Genera/ To be eligible for an exemption from GMQS an applicant shall demonstrate that the development: (1) /s listed in Table 4-1 as a Civic or Institutional use, and provides a basic or fundamental public service or public amenity, will be available to the general public or will be held for the public's benefit, serves primarily the local community, provides facilities in response to growth, and is not itself a growth generator or Response: This facility will provide operational facilities for the operations of the SMD, a public, non- profitentity created for the purpose of operating and maintaining the water system, roads, and infrastructure within its boundaries. The proper accommodation of the District's operations will benefit all members of the SMD and was approved by the District membership in a bond election in late 2006. These facilities are in response to the legal and functional requirements necessary to operate and maintain all community facilities for a neighborhood of approximately 120 properties and is in response to those needs rather than a growth generator of any kind. The community is fully platted and not likely to have any increase in residential density or further subdivision. .., , , ~ , .,r~:~~:~~ ,.,.,. ` t~ac~a~~ Fai~.~ ~ta'Ui[5~' w. ~ .u,e^ty ~~.~1~<<~~a~a:n-;n t ~ .._if . ,,L~ , !_ab~cticlt. 3t~;dir..Y O ~ Q O The functions of the SHOA and SMD, and of the proposed building, are primarily in the nature of public utilities and the scale of the proposed project, both in size and in its impact on the community and public, are very minor and do not reflect accommodation of any growth of the District's scope or boundaries. While we do not find an exact description of a building type such as this listed under Civic or Institutional use in Table 4-1 (it seems to the applicant to be in the nature of a minor public facility, which is not a category, or perhaps a minor public utility), it is clearly in the nature of a necessary and essential public service facility. Many components of both the Land Use Code and the Comprehensive Plan encourage, and often require, the type of planning that characterize this project, such as striving to maintain rural and rural / residential character and scale, minimizing traffic on public roads, clustering development in existing areas of development, and sensitively accommodating necessary public facilities without changing the character of the rural environment or creating impacts to the general public. It is the applicants' intentions to accommodate the necessary functions and facilities while confining any impacts the neighborhood that it serves and minimizing, and even reducing, impacts on the general public. (2) Is a necessary facility of a non-prohf institution whose mission is consistent with the purposes of this Land Use Code and with the goals and policies of the Comprehensive Plan. Response: This is both a necessary facility and one that is being proposed by a governmental entity whose mission is consistent with the LUC and Comprehensive Plan. (b) Employee Mitigation The applicant shall agree to mitigate any employees what are generated by the proposed development, as specified in Sec. 8-30. Response: No additional employees will be generated by the proposed development. (c) Parking The applicant shall accommodate the parking necessary on-site or in another appropriate location to serve the proposed development. Response: The need for parking is quite modest and occasional in nature; the employees who will primarily work in this building live next door in the manager's house. 6 parking spaces for use by building occupants and visitors are proposed; this is discussed more fully elsewhere in this application. (d) Facilities The applicantshall agree to provide any improvements to wafersupply, sewage treatment, drainage control, fire and police protection, roads, transit, trails, schools, library, hospital, and parks that are necessitated by the proposed development. Response: There will be no employee generation resulting from this development, and the impacts on the existing SMD water system will be negligible. Anew ISDS will provide on site sewage treatment. Impacts on roads, etc., both within and without Stanwood, will be reduced by virtue of a net reduction in traffic using Stanwood and public roads. Land Use Code Section 7-10-50 Activity Envelo e ..............................................................................................................................................p.................................................... (a) The intent of this Chapter 7 is to allow activities and development to take place where they comply with the provisions of this Land Use Code and with the Pitkin County Comprehensive Plan for the area. Compliance will general/y involve avoidance of "Constrained Areas" through the identification of an "Activity Envelope," as we// as approval of a Site Plan. For purposes of Chapter 7, "Constrained Areas" include all areas included in each of the following categories, as defined and regulated by this Land Use Code: (/) Areas of Statewide Interest listed in C.R.S. 24-65.1-101 et, seq.), (ii) steep and ~` fiFl tmp~,Eii~a ~ "~ ~;t et ~ {~ . ~ ~ ,, , ~~: U._ ~ Ac~plirr~R?t>n '6f' ,ita~iea V ~ 0 V potentially unstable slopes, (iii) water courses, drainage channels, and areas subject to erosion, (iv) floodplain hazard areas, (v) geological hazard areas, (vi) severe or low to moderate wildfire hazard areas, (vii) wildlife habitat areas, (viii) river and stream corridors and wetlands (ix) irrigated lands forfood orcrop production, (x) historic preservation areas, and (xi) archeological resource areas. (b) The Site Plan process incorporates an "Activity Envelope" approach in which the County staff works with the applicant to determine which portions of the site (if any) would permit the proposed activity or development to be conducted in compliance with this Land Use Code and in conformity with the Comprehensive Plan for the area. !n general, this process will involve both a determination of (I) which portions of the site are not avai/able for development because of the existence of Constrained Areas, and (ii) of the remaining portions of the site, which areas would accommodate the activity or development so as to minimize impacts on surrounding properties, maximize compliance with the requirements of the development standards in this Chapter 7, and maximize compliance with the Comprehensive Plan goa/s and objectives. (c) In general, the defined Activity Envelope for development of primary uses shall be large enough to accommodate the proposed principal use of the property and traditional permitted accessory structures, infrastructure (roads and septic systems), and uses, but should not be significantly larger than the area needed for such structures. In the case of a site with few Constrained Areas, the defined Activity Envelope may include more than one potential building site for a new single family home. The defined Activity Envelope may include non-contiguous areas (including separate areas for septic fields, landscaping, driveways to public roads, mitigation measures required in connection with any provision of this Chapter 7, and/or areas to be disturbed only during construction on the property- includingstaging areas and materials storage areas). Construction of trails will not require an Activity Envelope analysis except as required by Sec. 7-20-50. (d) Clearing, grading, grubbing, earthmoving that exceeds fifty (50) cubic yards, or changes in the natural drainage of the site shall occur only after an Activity Envelope has been defined and a/!applicable local, state and federal permits have been obtained. In addition, Site Plan Approval is required if these activities will occur on a property within a Scenic View Protection Area. (e) Once an Activity Envelope has been defined, the natural grade, topography, vegetation and drainage of areas outside the defined areas shall not be disturbed except as specifically permitted in this Land Use Code. Prior to any development activity on the parcel, the boundaries of the Activity Envelope shall be identified with construction fencing, and such fencing shall remain in place until development has been completed. (~ While it is preferable to obtain approval of an Activity Envelope as part of the Site Plan approval process, applicants who are not prepared to submit a Site Plan for a specific structure may request approval ofan Activity Envelope separately. Prior to the issuance of a Development Permit, the applicant shall be required to apply for and obtain approval of a Site Plan confirming that the proposed developmentis consistent with the defined Activity Envelope and with other standards in this Land Use Code not considered at the time the Activity Envelope was defined. (g) The standards in this Chapter 7 shall be used (/) to identify the Activity Envelope on a property, (ii) to review and approve the Site Plan for proposed development, and (iii) to regulate development within the Activity Envelope pursuant to the Site Plan. Development Standards in this Chapter 7 which are to be reviewed as part of Activity Envelope and Site Plan review are set forth in Table 7-1 below. Response: I believe that we are submitting enough information to determine the Activity Envelope and to approve a Site Plan. Applicant intends to comply with the requirements outlined above. tarv~nr>t9 e~};v,ha ~~~ R i tr~c[ #-~r~rtr~7d (t:J~A ia,ct 4~?v' ;.?t~E~e. „truiet~ 4o,K,l:crat+ea., ~: i - .. 1+....~: ii.~) "'t> 1 + ti..'i) tt q ~rz;9 ; U rrr3 ~ ~. ,,,iA "~P7i= t.eke 't r C£,rdiU • O~OUQB Land Use Code Section 7-20:20,e2; e10) Grading .................................................................. (e) Additional Standards All activity and development on slopes with a gradient of thirty (30) percent orgreatershall comply with the following standards. Response: There are no slopes in the proposed Activity Envelope area that even approach 30%. The steeper areas are about 11- 13% and most of the site is in the range of 6 -10%, with an overall average of about 7%. Although e2 - e10 apparently apply to areas with slopes over 30%, they were specifically identified in the Pre-application Conference Summary so we have addressed them here. (1) DENSITY SLOPE REDUCTION [not applicable] (2) LIMITS ON CHANGING NATURAL GRADE The original, natural grade of areas within the Activity Envelope shall not be raised or lowered more than four (4) feet at any point for construction of any structure or improvement, except: (a) The site's original grade may be raised or lowered a maximum of seven (7) feet if retaining walls are used to reduce the steepness of man-made slopes, provided that the retaining walls comply with the requirements set forth in this section. (b) As necessary to constructa driveway from the street to a garage or parking area, grade changes or retaining walls up to seven (7) feet maybe allowed. Response: There will be only very minor changes to existing grades in order to construct this addition. The addition is proposed to be partially cut into the slight knoll where it will be situated by about 24 - 36" in order to reduce visual impacts and provide more effective landscape screening. Other parts of the main level will be 12 - 18" above grade, the minimum necessary for proper drainage and access to the building during the winter. The area to be cut into the grade will have a small section of field stone retaining in order to maintain natural grades around existing oaks and preserve them. (3) GRADING FOR ACCESSORY BUILDING PADS DISCOURAGED Separate bui/ding pads foraccessory buildings and structures other than garages, such as tennis courts, swimming pools, outbuildings, and similarfacilities, shall be discouraged except where the natural slope is twenty (20) percent or less. Response: None proposed. (4) LIMITS ON GRADED, EXCAVATED, OR FILLED MAN-MADE SLOPES (a) Where grading, excavation, or filling is necessary, grading, excavation, or filling to create slopes of twenty-five (25) percent or less is strongly encouraged. (b) Graded or filled man-made slopes shall not exceed a slope of fifty (50) percent. (c) Cut man-made surfaces or slopes shall not exceed a slope of fifty (50) percent unless a soils engineering or a geotechnical report is furnished stating that the site has been investigated and that in the opinion of a qual~ed professional a cut at a steeper slope will be stable and not create a hazard to public or private property. (d) All cut, filled, and graded slopes shall be re-contoured to the natural, varied contour of the surrounding terrain. Response: Existing grades throughout the Activity Envelope area are only in the range of 6 -10% and no steeper slopes are proposed by virtue of the construction. All re-graded areas around the building and septic system will be re-contoured and re-seeded to appear undisturbed. +a 4 ~:,:a~cl r~ xa ~s!z ~i d ~~ frr'a "~t rrWr>trG F~i.... A~-i,v ty v.~,;; ~: ~-:,:,,.,.~ ~+.,G? r:x~~:>s~ T w,q Cta~c a+e 3?udka ooouo~ (5) GUIDELINES FOR RETAINING WALLS Use of retaining walls is encouraged to reduce the steepness of man-made slopes and to provide planting pockets conducive to re-vegetation. (a) Retaining walls maybe permitted to support steep slopes but should not exceed four (4) feet in height from the finished grade, except for (l) a structure's foundation wall, or (ii) as necessary to construct a driveway from the street to a garage or parking area, or (iii) as otherwise expressly allowed by this Land Use Code. (b) A retaining wall should not exceed seven (7) feet in height. Retaining walls greater than four (4) feet in height shall be supported by appropriate engineering and reviewed and approved by the County Engineer. (c) Terracing should be limited to two (2) tiers. The width of the terrace between any two four (4) foot vertical retaining walls should be at least three (3) feet. Retaining walls higher than four (4) feet should be separated from any other retaining wall by a minimum of five (5) horizontal feet. Terraces created between retaining walls shall be permanently landscaped orre-vegetated with native vegetation. (d) Retaining walls used to support existing road cuts may exceed (a), (b), and © of these guidelines. (6) STANDARDS FOR RETAINING WALLS (a) Retaining walls shall be faced with stone orearth-colored materials similar to the surrounding natural landscape. (b) All retaining walls shall comply with the adopted building code, except that when any provision of this section conflicts with any provision set forth in the adopted building code, the more restrictive provision shall apply. Response: The area to be cut into the grade will have a small section of field stone retaining approximately 24 - 26" high in order to maintain natural grades around existing oaks and preserve them. (7) WATERWAYS PROHIBITED Filling or dredging of water courses, wetlands, gullies, stream beds, or stormwater runoff channels is prohibited, except that bridge construction and culverts are allowed pursuant to the standards set forth in this Land Use Code and all applicable County engineering criteria. Response: Not applicable. (8) DETENTION/STORMWATER FACILITIES Where detention basins and otherstorm and erosion control facilities may be required, any negative visual and aesthetic impacts on the natural landscape and topography shall be minimized to the maximum extent practicable. Response: Not applicable. (9) UTILITY CUTS Utility cuts on any slope with a gradient of fifteen (15) percent or greater shall be reviewed through the Site Plan process. Response: Not applicable. (10) RE-VEGETATION REQUIRED Any slope exposed or created in new development shall be landscaped or re-vegetated pursuant to the standards and provisions set forth in Sec. 7-20-130 as well as the re- vegetation standards in the Pitkin County Re-vegetation Guide, the Pitkin County Landscaping Guidelines maintained by the Pitkin County Public Works Department, and the Roadway Landscaping Guidelines included in the Pitkin County Asset Management Plan, Pa ~c+ ~ < 9i }.nlr 3 rwh~cx., 9 } ~.~ Ei~:aiG W , ,-P q~> fir3.Uit'G ~~~p.. ;ta'•.~t:x, ~ rli~,~air f. i ~~s „ c^ 4r. iir> ;.~neE~ '? 7, ~ 9 f ,.,i. ' ~~Q~lt1 as applicable. In the event those documents contain inconsistent requirements with regard to a particular area of land, the stricter provision shall govern. Response: All disturbed areas will be re-seeded with weed-free pasture grasses and wildflower seed mix as now exists around the manager's house and throughout the hay fields. The HOA has very high standards for re-vegetation and will make sure that the finished construction is properly planted and irrigated. Land Use Code Section 7-20-30 ......................................................................... (a) Applicability The water resources standards in this Sec Water Courses and Drainage 7-20-30 are applicable to all development. (b) Encroachment or Channeling Encroachment or channeling activities in a river, stream (including intermittent streams), pond, wet meadow, or wetland are also subject to the requirements of Secs. 7-20-40 and 7-20-80 of this Land Use Code, as well as all other applicable state and federal statutes and regulations (including, but not limited to the U.S. Army Corps of Engineers permitting requirements of Section 404 of the Federal Clean Water Act). Response: Not applicable. (c) Drainage (7) GENERAL Activities and development shall provide for: (a) Maintenance of historical flow patterns and runoff amounts to reasonably preserve the natural character of an area and prevent property damage attributable to runoff rate and velocity increases, diversions, unplanned ponding and/or stormwater runoff; (b) The unimpeded flow of natural water courses and ditches; (c) Adequate drainage for all low points; (d) A drainage system designed to account for an entire drainage basin capable of accommodating runofffrom a proposed development and, where applicable, the runoff from areas adjacent and upstream; (e) Maintenance of drainage systems; and (fJ On-site treatment of stormwater by use of best management practices designed to detain and allow infiltration of runoff prior to discharge to any water body. (2) RUNOFF VOLUMES Runoffvolumes and peaks within a developmentsite and in areas affected byrunoff from a development site shall not exceed the runoff levels attributable to the undeveloped site as determined by a professional engineerlicensed in the State of Colorado. Response: Not applicable. (d) Groundwater Activities and development shall not result in the introduction of any contaminants to groundwater, or interfere with any recharge area or aquifer. Response: Not applicable. (e) Irrigated Areas Activities and development shall: (1) Not adversely affect the adequacy of water supplies available for the irrigation of agricultural lands; and (2) Not adversely affect the exercise of any existing and decreed irrigation water right. a ~~.~cx ~^ a ~, ytrrr° ~~rr~av°oc~~ htC).~, 7rtiv+ty i, :vt;: st>t~. ~rvrss~4 \ ,ra,~:~ati~,n .: 'f . , iD itjCl~i tanr;7 r. 3' .630 ~. FS:31 I,atrr.=r 1 ~t - - i t OOOO~i Response: The addition will not impact water supplies or water rights in any way. (t) Irrigation Ditches Activities and development shall: (1) ACCESS Provide for access to irrigation ditches by ditch owners and to the public if a ditch is to be, or is part of the Pitkin County Open Space and Trails System or other public property. 2) PREVENTING LEAKAGE Ensure that no building shall be constructed immediately downhill ofa ditch unless the ditch can be placed in a culvert, lined, or otherwise treated to avoid leakage of water downhill towards the building. (3) AVOID FLOODING Design land uses to avoid flooding problems from flood irrigation. (4) AVOID SEEPAGE Place basements and soil absorption on-site wastewater treatment systems in locations where they will not be impacted by flood irrigation or seepage from irrigation ditches. Response: The addition will not compromise ditch access or maintenance and will comply with the above requirements. (g) Sedimentation Activities and development shall: (7) CONTROL DURING CONSTRUCTION Provide adequate sedimentation control throughout all phases of development. (2) SEDIMENTATION Retain sediment produced by soil disturbances on site where the disturbance occurs and prohibit run-off into any water body, wetlands, or riparian area. (3) RE-VEGETATION Re-vegetate clearing and grading as soon as possible, but in no event longer than one growing season after conclusion of development on a site. Response: The applicant will comply with the above requirements. The proposed construction site is not in an area that is immediately tributary to any natural water courses or irrigation ditches. (h) Water Quality (7) All land uses shall comply with those setbacks required by Sec. 7-20-80 and those setbacks required by Table 5-1. (2) Activities and development shall comply with a// state and federal statutes and regulations concerning the protection and enhancement of water quality (including but not limited to the requirements of all state and federal permitting programs). (3) Activities and development shall be consistent with maintenance of the Stream Classifications for the Roaring Fork River watershed, as identified in Section 208 of the Roaring Fork Watershed Management Plan, and shall comply with state regulations pertaining to maintenance of those classifications. Response: To the best of our knowledge, the project will comply with all of the above. (I) Efficient Water Use Activities and developmentshall emphasize the most efficient use of wafer, including, to the extent permissible under law, the re-cycling and reuse of water. Response: This project will have no residential use and only a modest amount of water use. All fixtures will comply with or exceed local codes regarding energy and water conservation. 5'ti ~ t~cacf ~ i-oac~ltt 3r~ ~ ~ y,triE:.t a~?ar'~.ti~rat~~k tt~.`F~1 .A~~-a U ~f~' £;'.riv~>ic+{ { ~~;c 4 u ,i v t :rb.c ;l~? :. ~. 7 (~E ~ .art >: ` ._Ea:'i. ~1~,S.ki Junaa 'f '. ,~~a~es~ 1<' . OV V ~~1we Land Use Code Section 7-20-60 Wildfire Hazards ..................................................................................... This section establishes the standards for development in wildfire hazard areas. The level of hazard is determined primarilybygrade orslope and continuity offuels. As a genera/guideline, lowhazard is located on slopes of zero to twenty (0-20) percent with discontinuous fuels; moderate hazard is located on slopes often to twenty (10-20) percent with continuous fuels, or on slopes greater than twenty (20) percent with discontinuous fuels; and severe hazard is located on slopes ofgreater than twenty (20) percent with continuous fuels. (a) Wildfire Hazards Map Areas of "Severe Wildfire Hazard" and "Low to Medium Wildfire Hazard" are designated on the Pitkin County adopted Wildfire Hazard Area Maps, which are maintained in the Community Development Department However, the maps are onlya general reference, and actual wildfire hazards shall be field verified. In the event field verification identifies areas of wildfire hazard not identified on such maps, the provisions of this Sec. 7-20-60 shall apply to such areas. In each case where an applicant's property is located partially or entirely within an area of "Severe Wildfire Hazard" or "Low to Medium Wildfire Hazard,"a wildfire expert acceptable to the County shall visit the property to evaluate the level of risk in more detail. The wildfire expen* may confirm the levels of risk indicated on the Wildfire Hazard Area Maps, or may recommend that all or a portion(s) of the site be reclassified to a higher or lower level of wildfire risk. In addition, the wildfire expert shall make recommendations regarding any mitigation measures that should be implemented in light of the proposed activity or development, and such recommendations shall be considered by the County in the Site Plan process. (b) Wildfire Hazard Area Delineation and Activity Envelope K requested by the Community Development Department during a pre-application conference, the Site Plan shall delineate all areas of "Severe Wildfire Hazard" and "Low to Medium Wildfire Hazard" within the Activity Envelope and within one hundred (100) feet outside the Activity Envelope. In the case of varying hazard levels within the Activity Envelope, it shall be sufficient fo label the entire Activity Envelope with the highest level hazard existing in any part ofsuch area. The Activity Envelope should be designed to avoid areas of "Severe Wildfire Hazard'; and to mitigate wildfire hazards in areas of "Low to Medium Wildfire Hazard"asset forth in this Sec. 7-20-60. All wildfire mitigation and creation of defensible space shall occur within the Activity Envelope. Response: To quote the first paragraph of this section, "low hazard is located on slopes of zero to twenty (0-20) percent with discontinuous fuels". The proposed Activity Envelope and all of the surrounding areas have very modest slopes, generally in the 5 -10% range, and the natural fuels are quite discontinuous due to the historic use of this site as grazing and hay pasture. There are a few native oaks immediately adjacent to the existing house and the proposed addition which are separated from all nearby stands by distances of approximately 150 - 300 feet and, in most cases, an asphalt road. In general, there is at least a 300 - 700' distance between the building site and stands of continuous oaks and brush, so there is already a natural firebreak well exceeding the normal standards. In addition, the 35 acre parcel is seasonally irrigated for agricultural purposes and the immediate development area is and will continue to be irrigated to "residential" standards. We believe that the subject property should be classified as Low wildfire danger. (c) Standards Applicable to All Wildfire Hazard Areas Development is allowed in wildfire hazard areas subject to conformance with the following development standards, (which may be varied upon recommendation by the wildfire expert), and conformance with the additional standards in subsection (d) as applicable. ~ i ~~sfr3<~t >t.~ .u.- 3 i ;N ~~:.1'i~ ~ t'. ~a=_}t~~~i r~~.~`•s~t ~t r.:~':;:3f:or~i i ''. ~~,.t:~? 1C.).~' ,3 ~ ~~r~t~~< 1 ti3Ea f. 'l ~;-I r' S 00003 (1) DEFENSIBLE SPACE The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): (a) Brush, debris and non-ornamental vegetation shall be removed within a minimum ten foot (10~ perimeter around all structures. (b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground.(For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). (c) Spacing between clumps of brush and vegetation up fo the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. (d) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. (e) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. (f) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. (g) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. (h) All dead fall up to a one hundred (100) foot perimeter shall be removed. (I) No new conifer trees shall be planted within ten (10) feet of a residence. (l) No flammable mulches shall be placed within two (2) feet of a residence. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. Response: The required defensible spaces (generally about 150 - 300 feet and exceeding 100 feet in all directions) will be accomplished by considering the immediately adjacent oaks to be part of the envelope of the building and then providing the required separations beyond those. Applicant has an annual, ongoing, program of wildfire fuels reduction throughout Stanwood and monitors the growth of vegetation closely on all of the common areas and along rights of way. (2) ACCESS (a) Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriff's Department, local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. Where feasible, looped routes of access/egress to a public road shall be incorporated in the design of a proposed development. Looped routes of access egress is defined as two (2) or more dedicated access roads to the main artery/highway for widely separated ingress/egress; looped drives with one (1)entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Community Development Department may approve vehicular turnaround areas a maximum ofseven hundred fifty (750) feet apart installed between the road intersection and its 4~ 4~e:~t:~r:! P%r.iro}".)4Gt iii far ~t. ~ -arN ca E v.`f~, ara arty e, ,., 3 ~ ~. ~Kraai~.l,..Ar?pLcral>,n ~~ 7 s,SSt~a =.rt i~r ivr; C t r~.~ ~I~_~ : ... =r3~:P ~ u;itarri ~ ~6-s .~,i:1 1'h- ~e~ e hate', t @ :?i)^' ~:za~~;= 1, O ~ O V ~ z terminus. Turnaround areas shall be the same standard as cul-de-sac turnaround pads; these maybe incorporated into the proposed driveway entries. (b) New dead-end streets shall not be permitted, except for cul-de-sacs and other turnarounds accepted by the applicable local fire district. (c) Cul-de-sac turnaround pads shall have a minimum of a thirty (30) foot drivable surface inside turning radius or ahammerhead or other T-turn area acceptable to the applicable local fire district. (d) New driveways and access roadway shall enter the roadway at a ninety- degree (90°) angle for the first twenty-five (25) feet of the driveway. (e) Fuel breaks as recommended by a wildfire expert approved by the County maybe incorporated info the design of access roads or driveways. Response: Access considerations arising from wildfire concerns are not really applicable to this application. (3) WATER SUPPLYFOR FIRE SAFETY (a) When access to a public or private pressurized water system is not available or if it is necessary to augment hre protection water systems, private ponds may be used if approved by the Community Development Department and the local hre district. (b) Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district with a minimum of one thousand (1,000) gallon storage capacity per structure. (c) Regardless of size, all structures (including detached garages and horse barns) where humans congregate regularly that are located within areas identified as containing "C--Severe Hazard: Trees" or ' X -Severe Hazard: Brush" wildfire hazard shall be required to install in-house sprinkler systems that meet the standards of the local fire protection district and the adopted Building Code. (d) All structures greater than five thousand (5,000) square feet in size shall be required to install in-house sprinklersystems that meet the standards of the local fire protection district and the adopted Building Code. At building permit submittal, the local fire protection district may require smaller structures fo be sprinkled due to hazard considerations, emergencyaccess difficulties and lack of proximity to fire protection services. Response: Starwood has a community water system, and there are roadside hydrants throughout the subdivision. There is a fire hydrant directly across Stewart Drive from the proposed addition, a distance of only 100 feet or so from the actual building. (4) ROOFING MATERIALS, ROOFING VENTS AND PROJECTIONS AT AND BELOW ROOFLINE Unless the wildfire expert has recommended a different method of construction, roofs and projections at or below roof line in Low, Medium and Severe Wildfire Hazard Areas shall be constructed according to the following specifications: (a) Low Hazard Area 1. Roofing Materials a. Class A covering or Class A Assembly as defined by the currently adopted Building Code. b. No wood shakes or shingles. c. A/I otheradopted Building Code compliant methods and materials permitted. Response: Roofs for the new structure will be corrugated steel complying with the above ,,,, ....: R t 3 .3 -- ... ` ~~iCira P,ci v iv (r~~=c~ ~~ ~ ~a'iai ~~ .pti;;at~e~ ~i ,::. '~-- ' a f',, ~;>i , .'4531 t~FiD'1 .. ~,~r.: Yi aj{tJ :b ... ~ODU3J requirements. In addition, fire resistance of the roofs on the manager's house will be improved by replacing the old and very dry wood shake roofs with the same corrugated steel roofing. (b) Medium Hazard Area [not applicable] (c) Severe Hazard Area [not applicable] (d) All Hazard Areas Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Severe Wildfire Hazard Areas unless they comply with the following: 1. All roof coverings shall be constructed ofnon-combustible materials and installed on a C/ass A roof assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3. Protrusions above the roofline, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. Response: The minimum roof pitches will be 3:12, and there are no flat roofs planned at this point. (5) MAINTENANCE AND MISCELLANEOUS REQUIREMENTS (a) Roofs and gutters shall be kept clear of debris. (b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/.) inch maximum. (c) Yards shall be kept clear of all litter, slash and flammable debris. (d) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. (e) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. (~ Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. (g) Swimming pools and ponds shall be accessible by the local fire district. (h) Fences shall be kept clear of brush and debris. (I) Wood fences shall not connect to other structures. (%) Fuel tanks shall be installed underground with an approved container. (k) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire-resistive construction on the exterior side of the walls. (I) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. (m) Addresses shall be clearlymarked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on anon-combustible post. (n) Additional recommendations from the Colorado State Forest Service, the Pitkin County Sheriff's Department, the local fire protection district and/or a person certified by the CommunityDevelopmentDepartment as anexpert in designation of wildfire areas and wildfire mitigation may be incorporated into any conditions of approval as necessary to mitigate wildfire hazards. Response: Applicant commits to comply with the above maintenance requirements where applicable. There are no fences or propane tanks. R .:p,:,Gt iFr', t;4ci -ta:wocd !t~)1a r"~,ciac y l.r~°~za3,~~~ PY~ui~ta rai~~.:,t;ntFnr• . ... ,t-.- - m .t:; FD: .'ii ~',::' 3 279..) h f a37t~ C>F`~)1 . ry., .F i ~3hc5 ~S t: Sli iej:f,1 • O o ~ 0 r (d) Additional Development Standards for Severe Wildfire Hazard Areas Response: Not applicable. Land Use Code Section 7-20-70 Wildlife Habitat Areas (Elk Winter.Ran~e). ............................................................................................................................................................... This section establishes land use standards for wildlife habitat to preserve, protect, and expand the full range of biodiversity present in Pitkin County. Wildlife habitat shall be addressed broadly to include locations that are ecologically signfiicant and where activities orstructures would interfere with important wildlife functions and activities. Forpurposes ofthis Sec. 7-20-70, Constrained Areas shall include, but shall not be limited to, locations that include: any portion of a wetland; riparian habitat; critical wildlife habitat; severe winter range, and/or winter concentration areas; wildlife migration corridors orhabitat; wildlife production, birthing or calving areas; important waterfowl and wading bird habitat areas; significant mountain sage, aspen, and mountain shrub dominated habitat; and rare, imperiled, sensitive, threatened, or endangered species critical habitat. (a) Wildlife Habitat Maps Areas of designated wildlife habitat are shown on the adopted County Wildlife Resource Information System maps (the Wildlife Maps), which are maintained in the Community DevelopmentDepartment. Areas shown on those maps are known to be wildlife habitat areas by the Colorado Division of Wildlife. In all cases, mapping will be fie/d verified by the Colorado Division of Wildlife or a wildlife expert approved by Pitkin County. The following regulations shall apply to all areas known to be wildlife habitat as a result of such field verification, regardless of whether those areas are mapped on the wildlife maps. Response: The Pre-application Conference Summary lists only "Elk Winter Range" as applying to the subject property. (b) General Principles Delineation of the Activity Envelope, and the location and design of activities and structures within the ActivityEnvelope, sha//be based on consideration ofthe five (5) principles listed in subsections (7) through (5) below. These principles shall be evaluated not only on a site speck basis, but should also be used to consider the location and role of the property in the context of larger habitat and wildlife patterns. Implementation of these principles may also include consideration of connectivity between other parcels and the cumulative effect of the proposed activity or development in light of other activity in the area affecting related habitat areas. Approved development shall: (1) Maintain large, intact areas of native vegetation and habitat area by preventing fragmentation of those patches by development. Response: The subject property is about 95% irrigated hay pasture and about 5% native shrubs / trees and installed landscaping. The proposed addition was sited so as to respect and avoid changing the character and appearance of the existing landscape. (2) Protect rare landscape elements such as locally rare vegetation, unique rock formations, sheltered draws or drainageways, or other features, and guide development towards areas of landscape containing more common elements. Response: We don't believe that there are any such areas and elements on this property. (3) Maintain connections among wildlife habitats by identifying and protecting corridors for movement. Response: The site was chosen so as to avoid any expansion into winter elk corridors. (4) Contribute to the regional protection of rare species by protecting their habitat ~ ~ ~ u;c<'4~ Prt>~~t7kr i~, . c~,~~i 3 i 1 e :0~;i a ry k ^:v¢°'F ,~az f~t~vlan at~~ x;~.a~'•.,r r, 7. 3 ;:1~~w ir, 1>c~G~f= f drL~=, ~ 1 :¢r'id r i ~F ~; ^E3(YI `ul,itr; f.. akr.~.; A1.A ttr- ! _ a ;.;-... ooV/: ..i.ry locally. Response: None have been identified, but the development is being clustered in a small, already developed area to avoid wildlife impacts. (5) Minimize the combined and cumulative impacts of activities and development on wildlife species, wildlife habitat, wildlife movement, and unique landscape elements. Response: Again, the development is being clustered in a small, already developed area to avoid wildlife impacts. (c) General Standards The standards in this section apply to all wildlife habitat areas shown on the Wildlife Resource Information System maps or field verified by a wildlife expert approved by the County, or by the Colorado Division of Wildlife. (1) When existing native vegetation must be altered within the Activity Envelope, the applicant may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species. Should there be no opportunity on the property for habitat mitigation or restoration, off-site mitigation benefitting the same species may be required, orfinancial mitigation may be paid into a Countyhabitatmitigation fund should such a fund be estab/fished in the future. Response: Only a portion of one existing oak stand is being thinned and partially removed in order to cluster the development near the existing house. Some existing oaks that are overhanging the existing house will be thinned /separated to improve wildfire safety, but no stands are planned to be removed in their entirety. (2) Manipulation of vegetation outside of the Activity Envelope is prohibited. Response: Applicant will comply with this provision. (3) Mesh or woven wire fences are prohibited outside the Activity Envelope. (4) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. (5) Wire fencing must be three (3) strands or less. The top wire should be a twelve- point-five (12.5) gauge twisted barb-less type at a maximum height offorty--two (42) inches. The middle strands (which maybe barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. Response: No fencing is proposed. (6) Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to hve (5) per acre whenever possible as nesting and perching habitat. Response: Applicant will comply with this provision. (7) /n areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs. Response: Applicant will comply with this provision. . ~ +4 ~.a ~ :7r t ?cS ~at~.~wc~r3u ~~. A ,qca . • i:r~t,<r :'V;r 4'd( C~>,F4 ~_C :i?t it1 !'i3rli') >S ~r; a( ~~: i73 aeF;a t 1 .. ~,i.; t. ,,. ~ 000V~~ (8) Developmentshall beclustered to the maximum extentpossib/e to minimize impact on wildlife. Response: Clustering of buildings, and avoiding construction in a presently undeveloped area, are cornerstones of the plan for this project. (9) Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. Response: Stanwood has always had an excellent relationship with DOW personnel as regards wildlife management and impacts. The proposed addition will provide space for staff to maintain records and meet with DOW personnel when they are in Stanwood. (10) Trash/garbage shall be kept in an approved bear resistant container or enclosure. Response: Stanwood requires the use ofbear-proof containers and secure trash storage for all homes and construction sites, at all times. The manager has an approved bear-proof container already on site that will be used for this addition. (11) Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. Response: Applicant will comply with this provision. (12) Horse grains, pellets, and cookies shall be stored in bear resistant containers. Response: Applicant will comply with this provision. (13) Pet food shall not be left outside. Response: Applicant will comply with this provision. (14) (Reserved for standard for raptor protection from new above ground utility poles]. Response: No requirement. (d) General Buffer Standards Structures located near wildlife habitat shall comply with the following standards for maintaining buffer distances, unless (I) Pitkin County or the Colorado Division of Wildlife suggests that a different buffer is appropriate due to unusual wildlife factors or other unique features of the property, and the alternative is approved through the Site Planning process, or (ii) the parcel in question is too small to accommodate the required buffers, in which case the buffers shall be provided to the maximum extent practicable. (1) NEST/ROOST BUFFER The minimum buffer for any structure located near an active peregrine falcon, osprey, golden eagle, or bald eagle nest or roost site shall be one-half (%) mile (2, 640 feet) in Rural Areas, and five hundred (500) feet in Urban Areas. The minimum buffer for any structure located near any other active raptor nest site (except American kestrels) shall be one- quarter (1/4) mile (1,320 feet). Response: No evidence that this is applicable. (2) INTENSIVE USE BUFFER Intensive uses such as commercial, industrial or motorized commercial/organized recreational uses, open pit mineral extraction or the construction ofroadways shall require a ~ ~.ac3 ~ et';?Kx71t~ i (? .trig ~ r~~t zrri f+i;}r~ A~;iviy i FVVra {„,. ~'i,.s~¢:n {~,,ia:,;~S;r.,rt ... ~,it~n~ t Us>vr t sCK.e .i rrx'i ; '6210 i;3C?€ 1.~; I;~i!?i ~, Glkt.ti a:~; r~ f Y7i. Etf • OOOU~.~ a building or structure buffer of a minimum of one thousand (1,000) feet from any wildlife habitat area in Rural Areas, and five hundred (500) feet in Urban Areas. Response: There will be no such intensive uses. (3) ENDANGERED, THREATENED, OR RARE SPECIES No structure shall be located in rare, threatened, or endangered species critical habitat. There shall be a minimum one-half % mile (2,640 foot) buffer between any building or structure and any threatened or endangered species critical habitat. There shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between rare and/or imperiled species habitat. Response: No evidence that this is applicable. (4) IMPORTANT WATERFOWL AND WADING BIRD HABITAT AREA There shall be a minimum three hundred (300) footbufferbetween anybuilding orstructure and important waterfowl and wading bird habitat areas. Within all important waterfowl and wading bird habitat, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision. Response: Not applicable. (5) WILDLIFE MIGRATION CORRIDORS There shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between any building or structure and wildlife migration corridors. Response: There are elk migration and winter habitat areas that generally cross the Stanwood Mesa, but all of the homes and other buildings are widely separated and allow movement of the elk across the area, primarily for seasonal migration and for access to lower elevations and the Roaring Fork river during the winter. No areas that are presently open and undeveloped will be impacted or reduced by this project as all activity will be within 100' of the existing home in an area that elk do not traverse. (6) CRITICAL WILDLIFE HABITAT, SEVERE WINTER RANGE, WINTER CONCENTRATION AREA There shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between any building or structure and critical habitat, severe winter range, and/or winter concentration areas. Response: There are two or three major drainages that the elk use to move from the Stanwood Mesa elevations down to the McLain Flats elevations, and those are about 3/10 - 6/10 of a mile north of the site. Elk do not typically travel across the 35 acre pasture closer than about 1/4 mile from the proposed site as there are some other homes in this vicinity, but they do occasionally feed and bed down in some portions of the hay pasture and nearby areas. The site near the manager's house was chosen to avoid building any structures in presently undeveloped areas that the elk might use. (e) General Livestock and Domestic Animals The following standards shall apply to all habitat areas unless a standard for livestock and domestic animals in relation to specific species is provided in subsection (f) below, in which case the standards in subsection (t) shall govern. (1) WETLAND AND RIPARIAN AREAS Activities that involve the keeping of livestock and/or horses adjacent to wetlands or riparian areas or their buffer areas shall include provisions in the Site Plan that protect the wet/and and buffer areas from damage due to such domestic animals or livestock. Response: Not applicable. E3 vr...! I~rri;rapc~{'~f a i L i, tri~~. si~~~n,+r:~c ~ f t~ a ~, ~~t: ~if~ k rw~-3~s~~ (,r~,~ie. v ~,. K>'iz~~rahr,~.3 fha: Leak _Yk:; ,a.,, ~ > ~~c- G .,.,,~~a n OOOU20 (2) WINTER RANGE, SEVERE WINTER RANGE, AND WINTER CONCENTRATION AREAS AND CRITICAL HABITAT If development is approved within winter range, severe winter range, winter concentration areas and critical habitat, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when outside a required kennel. Response: Applicant will comply with this provision. (3) WILDLIFE MIGRATION CORRIDORS If development is approved within migration corridors, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when outside a required kennel within a '/. mile (1,320 feet) of migration corridors and within or adjacent to migration patterns, transition range, or highway crossings. Response: Applicant will comply with this provision. (4) WILDLIFE PRODUCTION AREAS If development is approved within or adjacent to wildlife production areas, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when outside a required kennel. If livestock is present, a livestock management plan shall be required to prevent interference with wildlife production. Response: Not applicable. (5) PREDATION if the County determines that one or more wildlife species on or near the property are subject to predation by domestic animals, including dogs and cats, the County may impose additional standards to reduce or eliminate such predation. Response: Stanwood homeowners place a very high value on the presence of wildlife in their neighborhood; it would be far more likely to find predation by wildlife visited upon livestock, domestic animals, or homes in Stanwood (bears, coyotes, etc.) than vice versa. (6) OVERGRAZING Overgrazing of ranges by livestock shall be avoided. Response: Not applicable. (t) Additional Species-Specific Standards (1) DEER, ELK AND BIGHORN SHEEP WINTER CONCENTRATION AREA/SEVERE WINTER RANGE/CRITICAL HABITAT Development is prohibited within deer, elk, and bighorn sheep winter concentration areas and severe winter range areas. In the event that an application is denied because there is no hazard-free area on a site, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-150, the proposed activity or development shall be reviewed according to the following standards and shall comply with Secs. 7-20-70(b), ©, and (e). Approved development shall: (a) Prohibit commercial activity (such as seismic activity, construction and timber harvesting) and recreational uses from December 1st through March 31'f. (b) Prohibit dogs within oradjacent to elk, mule deer, and bighorn sheep severe winter ranges and winter concentration areas, except for dogs working as part of an agricultural operation. Response: The Pre-application Conference Summary identifies the subject property as being Elk Winter Range rather than any of the above classifications. (2) DEER, ELK AND BIGHORN SHEEP WINTER RANGE f:a v >cx i~9< rx>~cli i?i .t+«t Starwo;xf R{i`r~~ n~c: ~ E'~~v~=~f ~~,~ Revr;i ~~ ~a.~atit>~~ •. ... 0~0~ ~~ Land uses located in deer, elk or bighorn sheep winter range shall comply with Secs. 7-20- 70(b), (c),and (e), and the standards in this section. (a) High impact recreational uses are prohibited. (b) Dogs within or adjacent fo winter range shall be kenneled, except for working dogs when at work. Response: Secs. 7-20-70(b), (c), and (e) were addressed previously. There are no high impact recreational uses associated with this project, and the subject of dogs was addressed in specific provisions above. As a practical matter, elk and deer tend to occupy land and move across the mesa at some distance from the existing homes, barns and structures because of the availability of a roughly % mile wide agricultural /grazing area about 1/4 mile north of the portion of the site where the Activity Envelope is located. (3) DEER AND ELK MIGRATION PATTERNS/CORRIDORS AND HIGHWAY CROSSINGS Development that blocks a deer or elk migration corridor and prevents migration between summer and winter ranges is prohibited. In the event that an application is denied because there is no hazard-free area on a site, and an appeal is later granted pursuant to Sec. 2-20- 180 orreliefisgranted pursuant to Sec. 2-40-150, the proposed activity or developmentshall comply with Secs. 7-20-70(b), (c), and (e), and the standards in this section. Response: This project will not change or intrude upon existing migration corridors. (a) Dogs within one-quarter (1/4) mile (1,320 feet) of mule deer and elk migration corridors andpatterns shall be kenneled, except for working dogs when at work. Response: Applicant will comply with this provision. (4) DEER AND ELK PRODUCTION AREAS Development is prohibited within deer and elk production areas. In the event that an application is denied because there is no portion of the site outside of a deer or elk production area, and anappeal is /atergranted pursuant to Sec. 2-20-180 orreliefis granted pursuant to Sec. 2-40-90 or Sec. 2-40-130, the proposed activity or development shall comply with Secs. 7-20-70 (b), ©, and (e), and shall be reviewed according to the following standards. Approved development shall: (a) Prohibit otheractivities during the calving season that would disrupt reproduction. (b) Dogs are prohibited within one-quarter (1/4) mile of deer or elk production areas. Dogs within one-half (%) mile of deer or elk production areas shall be kenneled. (c) Manipulation of vegetation is prohibited, except as approved by the Colorado Division of Wildlife or a wildlife expert approved by Pitkin County. Response: No part of this site appears to be deer or elk production areas. (g) Timing of Construction (1) WINTER RANGE, SEVERE WINTER RANGE, AND WINTER CONCENTRATION AREAS No construction shall be permitted from December 1st through March 31st if the proposed development is within one-quarter (1/4) mile (1,320 feet) of a winter range, severe winter range, or winter concentration areas. Response: We are certainly open to having staff visit the site with us to review the existing patterns of development and the siting of the proposed construction, but we believe that this project will not impact wildlife should winter construction be scheduled, given the proximity to an existing home and the distance to primary elk movement corridors. (2) WILDLIFE MIGRATION CORRIDORS No construction sha//be permitted within oradjacent to wildlife migration corridors between October 15th and November 30th or between April 15th and May 30tb. (3) WILDL/FE PRODUCTION AREAS ! t/f ~,~:~l~taa Lh,.'.. ~ i >c! ivn., 6~t12i~~~ty ~.-~~ u~ E c.,~~w ~t~p t.att>r~ ~E .);.i, 3 ~ :iii ea ... 000022 No construction shall be permitted in or adjacent to wildlife production areas between May 15th and June 30`x. Response: The subject property has not been identified as being within migration corridors or production areas. Land Use Code Section 7-20-120(d and e) Standards for Scenic View Protection Areas (may not apply if property is not visible from Highway 82 .................................................................................................or McLain Flats- ...................... ... ................................................................... Preservation of the character of Pitkin County requires careful attention to the visible impacts of proposed development. In general, the standards of this Sec. 7-20-120 are designed to minimize the visual impact of new development (including expansions to existing structures) when viewed from designated road corridors, as well as to preserve the rural characterofall Rural Areas of the county. Scenic View Protection Areas shall be considered at the time of Site Plan approval and Building Permit issuance. (a) Intent The intent of this Sec. 7-20-120 is: (1) To establish a Scenic View Protection Area that includes lands that are proximate to and most visible from specific roads in the County, with specific concerns for the areas that constitute the visual entrance "image" andpassage through Aspen and Pitkin County as well as views of ridgelines from those roads. (2) To maintain a natural ridgeline silhouette against the sky and to steer development away from ridgelines and skylines throughout the County as viewed from public roadway corridors. (3) To insure thatnew development is designed and located to complement the natural landscape and the natural features within the public viewplane in order to achieve an aesthetically pleasing, rural atmosphere. (4) To reduce visual damage to the naturallandforms and views throughout the County. (b) Applicability (1) All areas shown on the County's Scenic View Protection Area maps, which are maintained in the Community Development Department, shall comply with the standards of subsection (d) below. The Scenic View Protection Area map includes scenic foreground areas, public viewplanes, and ridgelines. The mapped areas are identified as viewed from the following rights-of--way: (a) State Highway 82; (b) Brush Creek Road; (c) Capitol Creek Road; (d) Snowmass Creek Road; (e) State Highway 133; (f) Frying Pan Road; (g) Castle Creek Road; (h) Maroon Creek Road; (I) West and East Sopris Creek Roads; (%) Owl Creek Road; (k) Upper and Lower River Roads; (I) McLain Flats Road; and (m) Woody Creek Road. (2) All development in the Rural Area shall be sited in consideration of the rural character guidelines of subsection (e) below. Response: The mapped areas that are applicable to this site are Highway 82, McLain Flats Road, and perhaps Owl Creek Road. (c) Exemptions These standards shall not apply to: tarty, x~rf >~>c~19 ff t~.a 1rt~f.,,.>„d )~ AE.f ~ffY #.rvr~lr 1 c '2t;~viESti ~r~c h<:~aEU'frf 1 e+c.. = P- of ~ ~ t } ~) q ~ ;;;rit;i `'t> b iP~,>!? i?b:a t ~ ~f, T' I - 7L' ~. ESk~ .~ - FJ (7) Activity or development that is covered by a valid building permit. (2) All interior remodels that do not change any outside visual aspect of the structure. (3) Lots within platted subdivisions approved by the County, which have designated Activity, Building or Development Envelopes, unless the terms of the approval require ridgeline or scenic review prior to construction. (4) Any proposed development for which the Community Development Director determines that: (a) The proposed development is not visible from those rights-of--way listed in subsection (b) above; or (b) A proposed addition to orremodel ofan existing structure has been located to minimize perceived mass when viewed from those rights-of--way listed in subsection (b) above. For purposes of this section, visible means that a structure or use is discernible to the naked eye from the designated roadway. Response: I have driven the lengths of the above roads and determined that the subject property is not visible at all from Highway 82 or McLain Flats Road due to its location about 300' back from the Stanwood Mesa ridgeline in the foreground. The site and possibly the existing home and new addition may be visible from some limited vantage points higher up on Owl Creek Road, but the distances are such that any construction or change to the existing situation would not really be discernible to the naked eye. Enclosed as Exhibit A-4 are several photographs taken from Highway 82 and McLain Flats Road which show that the site on the mesa is not visible behind the building sites along the front of the ridge. We believe that the following standards of this section would not apply due to the exemptions described above. 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I would like to point out, however, that many of the objectives and requirements in the Rural Character Guidelines for Building Location section are exactly the same as the criteria that Stanwood itself has used to evaluate potential sites on this property and around a ~ f.gt1 fu'r i _vQlti ~ - >i yr . -4 F i.;l. Act y ~ i4r~a+i4nv ~nd)ut; 14tr~~n t f :. ~:='„'u'<;rt alr'.i.. ! lIl .- _ ~.~ztt9 : -~1 l^ ! ~aE~~i ?-a+f~cs : ! ran ;rr .!;,,net 4 a -`6n-. ~s;'aarr:. fl~~U~J Stanwood and to select the location with the fewest possible impacts. Land Use Code Section 7-20:130 LandscaPin~ and Vegetation Protection All development in Pitkin County shall comply with the Pitkin County Landscape Guidelines and portions of development adjacent to public roads shall comply with the Roadway Landscaping Guidelines contained in the Pitkin County Asset Management Plan. /n case of conflict between the provisions of these two documents and the standards below, the guideline documents shall apply. (a) Purpose These regulations are intended to preserve existing vegetation on development sites to the maximum extent consistent with the permitted development, and to ensure that specific types of man made improvements are screened from view in order to preserve the rural character of the County, and to prevent the use of landscaping in ways that would compromise the rural character of the County. (b) General Provisions (1) PROTECTION OF NATURAL VEGETATION In order to protect the rural character of Pitkin County, natural vegetation should be preserved fo the maximum extent practicable, and any installed landscaping shall use the species plant materials naturally occurring on the site or on neighboring properties (except forflowergardens). Restrictions on removal ofnatural vegetation, and requirements forRe- vegetation, are set forth in other portions of this Chapter 7. (2) CONFORMANCE WITH WILDFIRE REGULATIONS In the event the provisions of this Sec. 7-20-130 conflict with any provisions of Sec. 7-20-60, as those requirements may be varied by a wildfire expert approved by the County, the provisions of Sec. 7-20-60 shall govern. (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: 1), nor a height greater than four (4) feet above grade. Response: As pointed out previously in this application, the impacts on existing vegetation are minimal; the primary changes will be some minor wildfire clumping /thinning. We will not remove any existing clusters of trees or shrubs in their entirety. Additional, appropriate landscaping will be planted as part of the project as shown on the attached schematic Landscape Plan. (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. Response: We will comply with this requirement. (5) VISIBILITY CLEARANCE All landscaping shall be installed and maintained so that it does not interfere with the ability of drivers to see nearby traffic at the intersection of any driveway with a public road, or of the intersection of two public roads. Response: Applicant will comply with this requirement. (6) UTILITY EASEMENTS Whenever the provisions of this Sec. 7-20-130 would require the installation of trees or ~.~r~~.,rxity -'?};gliE.~~~G)*,frk:a~ 'w~~racactFt?A:a,<54~~fyl~.nvE3lrG.E..f~t.i~ivh. r 1 ;;~. !._ -. Olin t ~ c~l~'i `~tue n <. O~O~~ V shrubs over 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. Response: Applicant will comply with this requirement. (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. Response: The Applicant will have to answer to its constituents if any aspect of the approved landscape plan is not completed or fails to establish itself, as the standards and enforcement of landscape requirements in Stanwood are very carefully monitored. (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. Response: Applicant will comply with this requirement. (c) Required Landscaping in Rural Areas In the Rural Area: (1) Landscaping is required for the following purposes: (I) to screen satellite dishes and other telecommunications equipment when located within five hundred (500) feet ofadjacent 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 Re-vegetate disturbed areas. Response: As shown on the attached Landscape Plan, Applicant will provide appropriate new landscaping along Stewart Drive. There are no public roads in the vicinity. (2) Landscape treatments shall clustershrubs and trees into groupings similarto those naturally occurring on the site or neighboring sites, shall use indigenous species of shrubs and trees, and shall not be installed in regularly spaced lines or rows, unless more specific provisions of Secs. 7-20-70, 7-20-80, or 7-20-120 require a different treatment. Response: The attached landscape plan demonstrates compliance with this section. (d) Required Landscaping in Urban Areas Response: Not applicable. Land Use Code Section 7-30 Roads, Drivewa and Parkin .................................................................................................................................Y........................ ~......................................... 7-30-10: ROADS (a) Applicability The road standards in this section are applicable to all roads and driveways. All new road and driveway construction mustreceive a development permit from the CountyEngineerand Community Development Director in compliance with subsection ©below. t3vura,aRr+~~r~~lit ;r~ica ~t~~wuucxl~;~~,A~aczyt~rive,~r7>r'~;-:w~i€:w1~~Klic;,alnri ~^'? nrr~~ ~c~Pr~ t~;>~ ~ gal -_ . uJr. ,~,tu~f,t, .;:meta 1 t '.i>~~' ;;x.,.,;-: 0000" (b) Consistency with County Plans All roads and rights-of--way shall consider adopted County p/ans and needs for the extension of roads. (c) Design and Construction Standards Outside the Aspen Urban Growth Boundary, roads and driveways shall be designed and constructed in compliance with the Pitkin County Road Standards and Specifications and Pitkin County Asset Management Plan. Within the Aspen Urban Growth Boundary, roads and driveways shall be designed and constructed in compliance with those standards and specifications applicable within the City of Aspen. Response: Anew driveway and parking area will be designed and constructed incompliance with the Pitkin County Road Standards and Specifications and Pitkin County Asset Management Plan. There will be no change to any Stanwood roads, which are, in any case, privately owned and maintained. (d) Subdivision Access All access points to subdivisions shall be reviewed and approved through the applicable development review and approval process in Chapter 2. AlI access points and road designs must comply with the standards in subsection c above. Response: Subdivision access will remain unchanged. (e) Completion of Road Improvements Required County highway, road, street and private street improvements must be completed within the time limits set forth in the development approval. Response: Not applicable. (tJ Traffic Volumes in Excess of Existing Road Capacities Development proposals for all types of development other than single family detached dwellings that generate traffic volumes in excess of existing road capacities are prohibited unless a road improvement plan is approved by the County. Any development proposal that is expected to generate or attract vehicle trips in excess of existing road capacities may propose to upgrade the road(s) to serve the additional traffic volume. Techniques other than road improvements may also be proposed to provide for public or private transit solutions to increased traffic volumes. The County may approve anyroad improvement plan, Transportation Demand Management (TDM) plan, or other technique that is found to be consistent with adopted County plans and policies. The County may deny any road improvement plan or other technique that it finds to be inconsistent with adopted plans and policies, or that fails to adequately mitigate increased traffic impacts. Any road improvements required of a proposed development shat/ be assessed on a pro rata basis considering the traffic fo be generated by the development in relation to the design and/or operational capacity of the finished road. Response: Not applicable. 7-30-20: PARKING REQUIREMENTS (a) Applicability The parking standards in this section are applicable to all development, off-street parking lots and areas. Wherever the off-street parking requirements of subsection ©below apply, the provision of non-commercial off-street parking to meet the requirements of subsection ©shall be considered a permitted accessory use of the property. (b) Design Standards All off-street parking spaces shall conform to the following standards: (1) Each space shall be at /east eight and one-half (8-7/2) feet wide, eighteen (18) feet long; if covered shall be at least seven (7) feet high; and shall have unobstructed back out space of twenty-four (24) feet. ,farw~r>r!'~"~ it ,'.c:E' :.rwo~a~I ~)~.F~?cSv(fy'.^ve~al~ ~...v:en E~~.;~:~.(ti<~r( ,1J(i(', 17 ,~.. ~., O ~ O O Response: Applicant will comply with this requirement. (2) Each space shall have vehicular access to a street or alley, and be located on the same lot as the principal use, unless otherwise provided on an approved development plan. Response: Applicant will comply with this requirement. Please also see our response under "c" below. (3) Parking lots for businesses, commercial, or multi-family developments sha// be suitably screened and concealed from the arterial highways, major roads, or collector streets by landforms and/or landscaping. Response: Not visible from any public roadways. (c) Quantity of Off-Street Parking The minimum quantity ofoff-streetparkingspaces to be provided forallowed land uses in each zone district is determined from the standards identified in the following table. TABLE 7-3: MINIMUM REQUIRED OFF-STREET PARKING SPACES Non-Residential Uses One parking space per four hundred (400) square feet of non- residential floor area Response: There is an existing two car garage which provides suitable parking for the existing manager's home. According to Table 7-3, we should provide 10 additional parking spaces for the proposed 3,865 SF ofnon-residential use in the addition. We believe that 10 more parking spaces would be excessive, create visual impacts and affect too much undeveloped land for the following reasons; ^ Approximately 2,165 SF of this building will be used for basic office type functions with the remaining 1,700 SF basement space used primarily for storage of records and materials. ^ There are only two employees working in this building, and they already park at the manager's house. A third employee will park here sometimes but primarily works outdoors. ^ Meeting functions generally do not require a large number of parking spaces. Stanwood would prefer to utilize the driveway areas and parking along road shoulders for the few occasions each year when 4-8 parking spaces would not be adequate, than to build a large parking area which becomes a permanent visual element and increases the development impacts. ^ All roads and open space within Stanwood are private, and there would be no impact to the general public arising from any variation from the parking requirements. We propose to build 4 parking spaces for this addition, with use of the existing driveway at the manager's house providing another 2-4 parking spaces for occasional use. We also have off-street overtlow parking available nearby at the Stanwood maintenance building should it be required for some infrequent circumstance. Typically any meetings at this building would involve 1 - 3 cars and staff parking will not be needed on a regular basis. Land Use Code Section 7-50 Public Services and Utilities ............................................................. All development shall comply with the provisions of this Sec. 7-50 regarding the design and installation and/or extension of public services and utilities. Extensions of public utilities shall take place within a defined Activity Envelope which may include separate designated areas for such extension differenf from those portions of the Activity Envelope designated for primary structures, accessory structures, or driveways. Disturbed areas shall be required to be re-vegetated pursuant to Sec. 7-20-10(d) to the maximum extent permitted by Colorado law. 7-50-70: LOGICAL EXTENSION OF UTILITIES (a) Applicability Pa 1~C~(.ci ~Ae.. ~~ .11 F i ~ £~ict .'t~3~~.,, 9 E ~~<~ a1c~ ~ rr4~x;r(~s:ae> E,-. , ~ 3. "tr s~t~tfho~=es F #~zEa=1P,<'C,a.t _ i t,;rtC'1 ~ii3 r~a t?~~ ~.>ih ~ rv,''~ ,<+ !_ahe is Jti!l i- i i ..i~(7 r' iJ;iiCeL' ,„"~C:i oOpU~ The standards in this section are applicable to all utility extensions. (b) Consistency with Land Use Polices, County Master Plans and Utility Service Plans The Land Use Policies, applicable County master plans, and any applicable utility service plans, should be considered when reviewing utility extensions. (c) No Adopted Master Plan or Utility Service Plan In the absence ofan adopted master plan orservice plan, utility extensions shall be consistent with the Land Use Policies, and the standards in this section. (d) Sizing of Utility Lines Utility line extensions shall generally be designed to have adequate capacity to serve the ultimate expected build out of the property, based on applicable zoning and land use regulations. (e) One-Time Installation Utility lines shall be properly designed, sized, and installed fo serve the ultimate population of a service area and avoid future land disruption to upgrade undersized utility lines. (f) Coordinate Utility Line Extensions The extension of a sole utility line shall be postponed until a full range of necessary services and utilities are offered, rather than increasing the size or number of areas to which some necessary services and utilities are provided and others are not. (g) Avoid System Overloads The volume, nature and timing or the use of an extension shall not result in overloads on other components of the same system. (h) State and County Standards Extensions shall meet applicable State and Pitkin County engineering standards. (I) Utility Company Service Commitments Prior to final plat approval by the Board of County Commissioners a developermust provide written commitments from: (7) A public or private utility company to provide power, telephone, and gas, if available as maybe needed to serve a development. (2) Each of the utilities serving a development demonstrating necessary arrangements have been made for installation of utilities. (%) Colorado Public Utility Commission Approval ffapplicable, the Colorado Public Utility Commission shall approve extensions prior to installation. (k) Location of Service Lines (7) New electric powerlines under35 KVand extensions ofexisting electric power lines under 35 KV shall be installed underground and shall be installed in the rights-of- way ofnew or approved roads and driveways to the maximum extent practicable. All related utility facilities shall be placed underground, except for those exempted below. (a) Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts, and other facilities necessarily appurtenant to such underground facilities may be placed above ground within the utility easement provided, or within a street or other public place as appropriate. (b) Temporary utility facilities may be installed above ground during construction of a development for a period not exceeding one year. (c) Existing utility facilities currently used to serve a development. (2) /n order fo minimize impacts on Constrained Areas, the Community Development Directormayattachcondrtions to anyapproval ofservice line routing, includingbut not limited to requirements for hand-digging of trenches or for additional Re- vegetation of the service line area. (3) Where a new service line is being installed to replace an existing line, the Community Development Directormayauthorize the use of the same routing as the existing line if such routing does not create significant additional impacts on surrounding properties. Response: Applicant will comply with the relevant portions of this section, but all utility extensions are fairly simple and straightforward. Community water, electricity, natural gas, and other utilities are available at Stewart Drive to the immediate south of the site and short extensions will be required directly to the building. The new septic system will be submitted to Pitkin County Environmental Health Department for a permit when the Pt w~n:up N i .F~r.,ptA ~stret t ~, vc~ { ~~ qe„k_uify r!. r_~<2itv~tu <<.t.v5,a y~ p'~:,af~u~'i 7 ,,y,., ~ ,>~ pia ;;' :~ ooou~~ engineering is complete. The proposed site plan included in this application delineates septic and utility envelopes. 7-50-20: WATER SUPPLYAND DISTRIBUTION SYSTEMS (a) Applicability The standards in this section are applicable to all water supply systems and all water distribution systems. (b) New Water Rights (1) K a proposed activity or development is not required to connect to a public water system pursuant to subsection (d) below and proposes fo rely upon use of newly appropriated waterrights orfhe change ofexisting waferrights, adequate evidence of water rights availability shall be required. Such evidence shall demonstrate adequate water rights to meet needs for domestic water, irrigation water as applicab/e, and water for fire protection purposes. (2) Regardless of whether a property is located in a subdivision or is a metes and bounds parcel, all applicants forbuilding permits for dwellings shall be required to show proof of adequate watersupp/y (in terms of both quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicab/e. Such evidence may include a well permit and pump test In any area of the County with mapped surtace or groundwater depletion/recharge issues as shown on the adopted Pitkin County Hydrologic Systems Analysis Study Area Maps, the County may require an applicant to provide additional information (e.g., a hydrogeologic ana/ysis, pumping data from nearby wells) sufficient to demonstrate the adequacy of the property's water supply. (3) In all cases, at the time of conceptual submission application for a subdivision or application for a subdivision exemption for fully developed /ands or separation of substandard size lots, proofofadequate waterrights (in the form ofa final judgment and decree of water rights, including a final augmentation plan, if required, from an appropriate Wafer Court) shall be required. Response: The Stanwood Metropolitan District will be providing domestic water from its own community system. Irrigation water is already available from the Red Mountain Ditch water rights that Stanwood owns. (C) Adequate Water Provision (1) COMMUNITYAND NON-COMMUNITY PUBLIC WATER SYSTEMS (a) Public water systems (as defined in C.R.S. 25-1.5-201(1)), whether a community watersystem oranon-community watersystem (as such terms are defined in 5 C.C.R. 1003-1), shall comply with all regulations and permitting requirements for such systems established by the Colorado Department of Public Health and Environment and the Colorado Division of Water Resources (State Engineer). (b) Fornewpublic watersystems, the followingmustalso be demonstrated to the satisfaction of the County before approval of the development: 1. That there is no existing public watersystem that will provide the service; 2• Current ownership of, or the legal right of acquisition or use of, existing decreed water rights sufficient in quantity and dependabi/ity (including pressure) to serve the proposed use; 3. Legal capability to accomplish any changes in the uses or points of diversion of such water rights, while maintaining the quantity and dependability necessary to serve the proposed use, without material injury to vested water rights; 4. Adequate physical facilities, or the necessary financial and technical resources and legal commitment to construct such facilities for raw water storage, water treatment, treated water storage, distribution, and water pressure maintenance adequate to a 4a ~ fir. ar ~~ a ~ ~ .: ?rt r ° laEwt:cact t ~>r1 A,~an i y C'rweslr~za~ K~ .uce=~~, t -a-: f'stt ~ F f1 . ~n t, ~r i3£erl ~. fri9 ~'.~ ; :Ei:it~ aE((')1 V` ~ .i r; i erk .A f hr c ~ke;~^~i +~ „~<fit 000031. serve the proposed use; and 5. The financial resources, or the legal commitment for the financial resources necessary to extend such service to the proposed development, and to adequately maintain and operate the system on a long-term basis. (2) CONNECTION TO PUBLIC SYSTEMS If the property line of a development is located within aone-half mile (2,640 feet) radius of a public watersystem's service area, the County may require information foranalysis of the environmental impacts of connecting to the public system versus use of an individual well(s) or other water source. Based upon the results of such analysis, the County may require that development connect to a public system ifservice is available, or that waterbe provided from a source other than the public system. In the event that connection to a public system is pursued, documentary evidence of the water or utility district's agreement to service the new development must be provided to Community Development Department prior to submission of any building permit application. (d) Water Distribution Systems Water distribution systems shall comply with the applicable federal and state statutes, regulations, policies, and procedures, and shall meet the requirements of the fire district serving the area. (e) Adequate Water Quality (7) SUBDIVISIONS Developers shall be required to submit evidence of a potable water supply for the subdivision at the time of detailed submission. Detailed subdivision approval sha/I not be granted unless satisfactory documentation of a potable water supply has been submitted. (2) OTHER DEVELOPMENT (a) Private Wells There are no regulatory standards for drinking wafer obtained from private wells. Individual property owners are strongly encouraged to have their water tested by aState-certified laboratory and to obtain an analysis of those results in order to assess the potability of their water supply. (b) Community and Non-Community Public Water Systems Community and non-community public watersystems shall comply with all federal and state statutes and regulations governing the provision of safe drinking water from public water systems. Response: The Stanwood Metropolitan District operates an approved community water system, and no new facilities will be created. 7-50-30: SEWAGE TREATMENT AND COLLECTION (a) Applicability The standards in this section are applicable to all sewage treatment and collection systems. (b) Connection to Public Systems Required, Where Available All development shall connect fo a public sewage disposal system if the development is located within one-half mile (2,640 feet) of a public system's service area the applicable district is willing to serve the proposed development. For subdivisions, connection to the public sewage disposal system shall be required if any point in the subdivision is located within one-ha/f mile of such system. In the event a site is located outside the boundaries of a public sewage disposal system service area or service is not avai/able from the public system, a private system maybe utilized. Response: There is no public sewage disposal system available within '/ mile of this location. (c) Design Standards Public and private sewage disposal systems and connections to such systems shall comply with the sewage disposal regulations of the County's Environmental Health & Natural Resources Department. Each applicantforan on-site wastewatertreatmentsystem, regardless ofcapacity, shall be required to submit an application to the Environmental Health & Natural Resources Department, and the Deparfinentshal/then determine whethersfate permittingis necessary. Anyseptic tank/soil absorption held system with a design capacity greater than or equal to an average daily flow of two thousand (2,000) gallons perdayshall be required to obtain approval and permits from the Colorado V1 I,ir-rr.~i ; , :,lA i:xe E air: .tun`e'r R ~ .. ~ xaiar. ;. ._ ~,tanvc. -~ E ~ ~ \ ac,t~G +y (nvt9lc c. ;tai= rv \nE>l c~rst;;;n OOOU3~ Department of Public Hea/th and Environment, Water Quality Control Division. Response: As previously noted, we will design and construct an on-site ISDS type system and obtain the appropriate permit from the Pitkin County Environmental Health Department. - END OF STANDARDS REPORT - a -~~~ ~ ~'o i K~719,an iu~.f) ai u~:~J;a~ ~ ~~:fi~n r ~ 3ic;}:)o t,ei~'~.,, '~+~)>ii.:+,:or: f~) z £ F <e z 3C ,.,'(i~. Y C) i~F2i.~ > _)) c tsOI J~,. ~ ,~T s><'r,,ie 3~ OOOU'~3 LIST OF EXHIBITS REQUIRED EXHIBITS reference the Pre-App Conference Summary EXHIBIT A-2 24x36 and 11x17 site plans [application requirement #2] EXHIBIT A-4 Scenic View Protection Exhibits Photographs from McLain Flats Road and from Highway 82 [application requirement #4] EXHIBIT A-5 Deed of Common Area and Easements dated March 1, 1974. [application requirement #5] EXHIBIT A-6 Agreement dated February 25, 1993 between Edgar and Pauline Stern, and the Stanwood Homeowners Association. [application requirement #6] EXHIBIT A-7a Parcel description, including legal description [application requirement #7] EXHIBIT A-7b 8'/z"x11" vicinity map locating the subject property within Pitkin County. [application requirement #7] EXHIBIT A-8 A check made payable to Pitkin County Treasurer in the amount of $3,977.00 as required by the Pre- Application Conference Summary dated 3129/07. [application requirement #8] EXHIBIT A-9 Community Development Department Agreement for Payment of Land Use Application Fees signed by Kurt Hollinger as President of the Stawood Metropolitan District and David Stein as the President of the Stanwood Homeowners Association, and both dated May 30, 2007. [application requirement #9] EXHIBIT A-10 Letters from Kurt Hollinger, President of the Stanwood Metropolitan District and David Stein, President of the Stanwood Homeowners Association, both dated May 30, 2007 consenting to the processing of this application and authorizing William Lukes to represent the owner of the properly. [application requirement #10] EXHIBIT A-11 List of Property Owners Adjacent to 121 Stewart Drive [application requirement#11] EXHIBIT A-12 Copy of the Pre-Application Conference Summary prepared by Ezra Louthis and dated 3/29107. [application requirement #12] GRAPHIC EXHIBITS EXHIBIT B-1 PHOTO OF EXISTING MANAGER'S HOUSE EXHIBIT B-2 ARCHITECTURAL SITE PLAN EXHIBIT B-3 LANDSCAPE PLAN EXHIBIT B-4 MAIN FLOOR PLAN EXHIBIT B-5 BUILDING ELEVATIONS EXHIBIT B-6 COMPOSITE ELEVATION .- [,~rvveceS Nt ' 1 @ r". fi.sf, ~.,.~,,~~ ~. i f-ii.)r~ ~ ,fi~.31y E'?>~+. c,n~i f2r t ~ '\:.~a,n:.:~t~c>d~i x."r S;z:v t ~ '. ~ . to ~ 4", :.fS ~1 ,?~1U1 000034 _~,, f, „~ r <~rrr ~ ae~'` ~ ~~ -' W ~ a ~ `„ lrt ~._ _ :.. ~ ~ ~ _ ~ •v ~. F~;4c7sec~ Sr re~ 1 _ ~„_ ,~ ;. ,N _~~.i _-"'- ouou~~ 1'F?CaJEG7 ~il(f t s ~~ a n J w f ~ ~~ ~ r`4i- r ~ ` rf, s . ~ ~ tia ~~ i S ,Yc ,C~' i"~ tai '"~Y ~'t,~ ' r ~ Y - k: Y 3 -M -7_.. "`. ~ ~ I -4 ,:~~ b .. 4 ~ ~ c ia.^t i p ..~ ~~.~ sn! ,~'-l.y,~ ~~ -,.- - - F- - "' t ~~ + .~ ~ ~ ~UOU ,~ ~..., .. i.- I l~~}~".~IL.'~'HI'~~.. e._.. ,' i ~~ s_. 1 ./ t r~~ '+...~r7 i..... ~. 3,_:. ~J i !.'"7..~.. 3 ~...~ I 'U Recorded at 3:5Q o'clock PM, 4/11/974, Reception ~E166636 ~.•Peggy E. Miklich,Recorder 99 ..._.. _......~ ,~ BGOfi ~~~ PAGE ~c~ order s~ ~~ DEED OF COMMON AREA AND EASEMENTS I PAGE 9S2 ~~s f THIS DEED OF COMMON AREA AND EASEMENTS, made and ~~' entered into this ~rday of March, 1974, by and between art,_ "- STARWOOD LAND CORPORATION OF COLORADO, a Colorado corpora- y tion, and STERN LAND AND CATTLE COMPANY, a Colorado corpora- ~~ ti.on (hereinafter collectively referred to as "Grantors") nced ~: , and STARWOOD HOME OWNERS ASSOCIATION, a Colorado not-for- 5=--~ _:~:# profit corporation (hereinafter referred to as "Grantee"), erms ~'~ ~ % W I' T N E S SETH dloan ~, WHEREAS, Starwood Land Corporation of Colorado is the Est securing it, ~.. ~, developer of that certain subdivision located in Pitkin ~;~:s County, Colorado, known as "Starwood", as depicted on the d of trust "~ e ame sev ral plats thereof recorded in the office of the Clerk and Recorder of Pitkin County, Colorado; and •uing from , z ~~~;, WHEREAS, Stern Land and Cattle Company is the owner of -,,: E 'r various parcels of land lying adjacent to Starwood; and INID WHEREAS, Grantee is the entity which acts for and in ~~~~ behalf of all owners of platted lots in Starwood with respect gy~p(T 3 ~\ :. _to matters which are of mutual concern to such Starwood owners; and WHEREAS, under the provisions of an Agreement dated November 15, 1972, Grantors covenanted and agreed to dedicate, ieAssignee grant and convey to Grantee an additional common area and sorynote certain easements, for the use of the members of the Grantee Ilreteasethis Association, subject to the conditions and restrictions con- t~ined in said Agreement; and WHEREAS, Grantors desire to finalize such conveyances and Grantee desires to accept the same, on the terms and conditions hereinafter set forth, NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, i9 7!+,by the receipt snd sufficiency of which are hereby acknowledged, Grantors hereby dedicate, grant and convey to Grantee, its ~/ successors and assigns, forever, the following-described rea Co 1 Tow Pi*_ as RESERV its pri and to of suck liquids the sol agricul of hors l~`iti? ~k iI'Oi,i Sl: oooo~~ pt~2'ti~_ F'',~e ~'C' C,.~ F.. l_~ ; t~ <~'. E~> X1.7 , :? ~} c? (..~ C3 f`'3 (.~ i s t o c 1•: c ~~ _. ~~<~;-~-1~;'I (Y k:::.~nn\'~~:(._i:.1f"E:`~ .rr C~N1t:~`~ E~:;~E::.~1F:,~-~I~>>~i 900KG~~ PAGE98J :`~OOt; ~~ PAGE ~ real property situate in the County of Pitkin, State of Colorado, to wit: ade and and between 1. A tract of land situated in the West '~ of Secr_ion 26, ado corpora- Township 9 South, Range 85 West of the 6th Principal Meridian, - ~rado corpora- Pitkin County, Colorado. Said tract is more fully described as follows: 'Grantors"), to not-for- Beginning at the Northeast corner of Lot R-80, Starwood 12, according to the plat thereof re- "Grantee") corded in Plat Book 4 at page 122 of the Pitkin , County records, whence the West ;corner of said Section 26 bears 5 36°34'44" jY 589.28 feet; thence N 46°48'18" E 1276.38 feet to the Northwest rado is the corner of Lot P-16, Original Starwood, according to the plat thereof recorded in Ditch Book 2A at n Pitkin page 282 of the Pitkin County records; thence S ° 16 36'00" W 262.00 feet to the Westerly angle :ed on the point of said Lot P-16; thence S 02°47'30" E 340.20 feet to the Southwest corner of said Lot the Clerk P-16; thence N 85°41'30" E 302.00 feet to the Southeast corner of said Lot P-16, being also a point on the Westerly R.O.W. line of Kessler Drive; thence S 31°08'30" E 123.54 feet along he owner of said Westerly R.O.W. line; thence S 03°53'00'' E 1118.56 feet along said Westerly R.O.W. line od; and to a point on the Northerly R.O.W. line of Stewart Drive; thence following said Northerly or and in R.O.W, line 98.31 feet along the arc of a curve to the right having a radius of 60.00 feet; thence with respect West 631.71 feet along said Nor~herly R.O.W. line; thence following said R.O.W. line 181.85 feat along :arwood owners; and the arc of a curve to the right having a radius of 647.81 feet; thence S lb°00'00" W 30 00 f l it dated . eet a ong said Northerly R.O.W. line; thence following said Northerly R.O.W. line 217.31 feet along the arc of l to dedicate a curve to the right having a radius of 220.37 , feet; thence N 17°30'00" W 643.10 feet along the area and Northerly and Easterly R.O.W. line of Stewart Drive to a point on the East line of said Lot R-80; thence the Grantee N 22°00'30" W 242.58 feet along the East line of Lot R-80 to the point of beginning, containing ctions con- 35.538 acres, more or less. RESERVING, HO1ti'EVER, to Stern Land and Cattle Company and nveyances its present and future officers, directors and employees, ^ms and and to such persons as may succeed to the assets and rights of such corporation in the event of its dissolution or liquidation, and to the immediate families of the foregoing, :he sum of the sole and exclusive right to use such tract for farming, onsiderations, knowled ed agriculture, pasture, and the grazing, raising and training g , of horses, and for other related uses, for a period commencing tee, its gibed with the date of this deed and terminating forty (40) years from such date or upon any earlier sale to a third party or parties of all or substantially all of said corporation's stock or assets. Such reserved rights shall include the rr~~ - ~ - ~• f+, ~r( _ right to lease the use of said tract to any entity in which 1 ~:~".,- ~~= Edgar B. Stern, .Jr. has a controlling in!:erest, or to any 1 i -__ -- non-profit organization in which Edgar B. Stern, Jr. has t 1 -- a substantial involvement. During the life of such reservation i , Grantee shall have no right to enter upon, use, or control ` _ the use of said tract in any way, and Stern Land and Cattle Reserving, '~~`V Company agrees to be responsible for the maintenance and care successors `~: of said tract and for the payment of taxes thereon until the said easeme ~~~ expiration of such reservation. hundred (2( ~~ r` From and after the date of expiration of such reservation centerline, , - ~., the subject tract shall at all times constitute and be in the Pit} ' considered a "Common Tract" under the provisions of the easement s} ~` ~ Protective Covenants for Starwood Subdivision recorded portion of ~~':°-~'r: in Book Z11 at page 231 of the Pitkin County records, and Cattle Corgi •: - _. t ' shall in particular be subject to the restrictions contained to a state - S -_ ~ . in Article VIII of said Protective Covenants, had treat.,: -_ - 2. A perpetual, non-exclusive easement and right-of-wav The fore;:: for use as a pedestrian and bridle tra?.1 only, over and across (20) year' - the following-described strip of land: The ._ An easement through part of Lot 17 of Section 26 of: member- , Township 10 South, Range 85 Wast of the 6th Principal Meridian, Pitkin County, Colorado. Said easement no ri ht t= g extends from the easterly right of way line of Carroll Drive as shown on the replat of Lots R-23 and R-24, Starwood Two into L t R 23 "' '~ o s - -A and R-25-A, Starwood Two as recorded in Plat Book 4 at page 254 waY for_usc: of the Pitkin County records, to the East line of id t sa Sec ior. 26 and lies five (5) feet on each side of the following-describ d across the e centerline, to wit: An eas Beginning at the most northwesterly corner of 10 Sou Lot R-23-A, Starwood Two, as depicted on said Pitkin replat; thence S70°20'E 31.00 feet along the the ea northerly line of said Lot R-23-A; thence 118.02 Drive feet along the arc of a curve to the left, being in Pla the northerly line of said Lot R-23-A, having a to the radius of 120.00 feet; thence 79,36 feet along feet o the arc of a curve to the right, being the to wit northerly line of said Lot R-23-A, having a radius of 60.00 feet; thsr_ce 94.09 feet alang ~ the arc of a curve to the right, being the northerly c line of said Lot R-23-A, having a radius of 290.09 t feet; thence 138.07 feet along the arc of a curve a to the right, being the northeasterly line of said r Lot R-23-A, having a radius of 112.48 feet; thence S37°38'W 19.00 feet along the easterly line of said Lot R-'L3-A; thence S52°22'E 60.00 feet to the true point of beginning, said true point being on -3- ~-',~~?C::E: l._ ;C7 ~'F:i~:3 '.~><'1:,7 iJr~'CJ w OUQV3 t~ N C:) }:>r`~,I?C~;:l::::L_ II~3 ~?e>~;=3 "<?~~:~3('7 t?g3+:~ 1 ,'`"'A ~+.. ,....~.. d ~.;f• t ~ t ~.. $ ~~ ~ t.... d._..~ ~ ~ # ~_ :' c+...'.k t `.' i 4,.X [~ R .,. ~. t. . ~ 1 t ~~..8_ ~ A,,.~ I V I_... I~,. t_'~ f 1..~~) € ~~ ~ .;:.~ H+~~ ~ _. 2 -.. f s }J ~ rw, n fl BJ ~ ~~~ PACE ~05 1 3COK ~~ PAGE .'~~~ :, entity in which - the easterly right of way line of said Carroll st, or to any Drive; thence D177 00'E 122.00 feet; thence N53 00'F 131.00 feet; thence N56 00'E 113.00 feet; thence ern Jr, has N32 00'E 72.00 feet; thence N81 00'E 82.00 feet; ~ , _ thence N61 00'E 36.00 feet; thence S85 00'E 66.00 ~f such reservation feet; thence S62 00'E 128.00 feet; thence S 67 00'E , 104.00 feet, more or less, to the East line of said se, or control ~ Section 26. Land and Cattle a Reserving, however, to Stern Land and Cattle Company, its itenance and care successors and assigns, the right to move the centerline of ~ Zereon until the `said easement or any part or parts thereof a maximum of two 'hundred (200) yards to either side of the above-described r F such reservation, Centerline, by recording an appropriate Amendment to Easement xte and be din the Pitkin County records; provided that the substitute ,: ions of the ;'easement shall be of topographically similar quality to the i recorded portion of the easement being replaced, and Stern Land and t .C records, and a : tle Company agrees to construct any such substitute trail :tions contained Tito a state substantially the same as that which the Grantee :;;had created grior to the recording of such easement amendment. and righi-of-way :The foregoing reservation shall automatically terminate twenty ', over and across (20) years frees the date her€of. The aforesaid eas~~ent is granted for the exclusive use action 26, of members of the Grantees 3..sociation, and Grantee shall have 6th Principal I easement no right to grant right= in said easement to other users. .ine of Lots R-23 and 3. A perpetual, r_on-exclusive easement and right-of- R-25-A, ^ at page X54 way far use as a pedestrian and bridle trail onl y, over and ~t line of ~n each side across the following-described stri of land: p :o ivit: An easement through part of Lot 9, Section 35, Township 10 S • corner of outh, Range 85 West of the 6th Principal D4~ridian, Pitki :ed on said n County, Colorado. Said easement extends from th along the e easterly right of way line of South Stanwood Drive as h t},ence 118.02 s own on the plat of Stanwood Five as recorded in Plat B ok 3 ~e left, being -A, having a o at page 98 of the Pitkin County records, to the East line of said Section 35 and lies fi feet along , ve (5) feet on each side of the following-described centerline :ing the , to wit: having a feet along Beginning at the point ^f intersection of t;ie ping the northerly common boundary of Stanwood Nine, as shown on •sdius of 290.09 the plat recorded in Plat Book 3 at page 383 arc of a curve , and Stanwood Sixteen, as shown on the plat 'ly line of said recorded in Plat Book 4 at page 281, with the 48 feet; thence easterly right of way line of said South Stanwood rly line of Driv,:; thence S84 01'30"E 643.29 feet along said .00 feet to the point being on 0(~UU4U a , ~~ f-, ryry g - )) ii' 33tt /~ }ra y 1~'Jf'1~5~,.~ C=. l._ Pi~_~.~+ c ~..)~~,.1 G~S.~>~`J~~~ l.~~J ~~ i 0 n w b 0 c i w E r s S P P T P a t t a a t P' e~ ?'rte 4 _, ~ l ~%~ ! ~ ~~ ~:.. ~ ~ V ~ ~'.. F._. l 7 ~ '~ ~~. .`~ C:J ~~i t 4..,~ ~ 7 ~.:.~., ,.~ i.~_~ ' 4 t t°~ t 8 4f ~ 1 '~d r~ yy 300KG~~ PACE~~~ ,.., X„':, +'~, ~. _i 14..~ f I ~, ~. '~"~~~ gQ0?:...,?~~ ~ f PACE ~~ aid Carroll thence N53 00'E feet; thence common boundary; thence N85 23'1 5"E along said E 82.00 feet; common boundary to the East line of said Section 35. 585 00'E o6.00 thence S 67 00'E The aforesaid easement is granted for the exclusive use ist line'of said of members of the Grantee Association, and Grantee shall have ~ompany, its no right to grant rights in said easement to other users. centerline of 4. R. perpetual, non-exclusive easement and right-of- naximum of two way ten (10) feet in width over, across and along the sautherl~• re-described bank of the following-described portion of the Upper Lateral Went to Easement of the Red Mountain Ditch (as such Upper Lateral is presently ie substitute constructed and located), to wit: Commencing at the point of {uality to the intersection of said Upper Lateral with the southerly right-of- :ern Land and way line of Eppley Drive (as dedicated on the Plat of Starwood ibstitute trail Eleven recorded in Plat Book 4 at page 121 of the Pitkin County :h the Grantee records), and thence continuing along the southerly bank of cement amendment. said Upper Lateral as it traverses Lots R-101, R-100 and R-102, terminate twenty Starwood Sixteen (according to the Piat thereof recorded in Plat Book ~ at page 281 of the Pitkin County records) to the exclusive use point of intersection of said Upper Lateral with r_he Sunnyside .ntee shall have Trail easement as such easement appears on the above-mentioned ther users. Plat of Starwood Sixteen. Provided, however, that by its nd right-of- acceptance of this instrument Grantee covenants and agrees nly, over and to protect from damage ti-~e above-described portion of the Upper Lateral of the Red Mountain Ditch and to repair n 35, Township any damage that may result from its use of said easement, pal Meridian, xtends from and to indemnify Grantors from any claims for damages tarwood ve as recorded that may arise from Grantee's use of said easement. ounty records, lies five (5) The aforesaid easement shall be used solel for y purposes of bed centerline, pedestrian and bridle access to the Sunnyside Trail, and is on of the granted for the exclusive use of members of the Grantee Associa- shown on page 383, tion, and Grantee shall have no ri ht to g grant rights in said e plat with the easement to other users, outh Starwood t along said -5- - 00004 ~~~~~~, .~~C;`..~.. ~~, .~,. „„ . , _ , ?` ~~ ~ ~ ~ c ,~~' . `~, -~ ,~,4,~ WITH ALL ITS APPURTENANCES, excepi= water rights, and ~,, a , rx~ ~~warrants the title to the same subject to the following: ~~~ -„ ~ - ~~{`~- a, _ Geneial property taxes for the year 1973 payable ~,~~ ; ~, - . ,~~ ~~ iT~ 1974, ,, " ,~' _ - ,~'~,~~ 'li~. Reservations, terms and conditions contained in ,~~"w~i ~ ~ -.. kxl r U S p_at:ents affecting the subject property; ~- - `~ ,y e: Ri:ghts.of way for all ditches, laterals and utility ;. ,~~, ~ ,lanes as presently constructed and used across the subject ~~!r~s ~: z.~iy7~;~groperty, aiid ti• x - ; .y {5, ,d' All= terms, provisions, res.;rvations, exceptions, ~'~~ and conditions of the Protective Covenants for Starwood Sub- ~, ~d'ivision"recorded in Book 211 at page 231 of the Pit}:in County -1 d~- records:; as amended, and of the Articles of Incorporation of ~ "~r ~Starwood Home Owners Association (including amendments thereto) ~` as recorded in the Pitkin Count real y property records, and ~~ ,.. ,. ~ ~s3~~'; of the _several Stanwood plats recorded in the Pitkin County bra hreal property records. ~`~~ ~'~;~; Bl• its acceptance and execution of this instrument , ~.~ :' ~~a ~ °C,rantee herein acknowledges and recites that its officers and .~',. v.4iVl~J. .. ...~ ri~$ trus"tees have carefully inspected the real property hereby ~~ '~ dedicated, granted and conveyed, and Grantee hereby accepts ;t-h'e~..same in~ its present condition, and subject to the pro- :r , visions of Paragraph 1, su ra, Grantee hereby accepts full ~,,a. ~~ and exclusive responsibility for the future development, _ maintenar_ce and repair of said real property. - Executed and delivered this f'~ f ~- day of N~arch , 197 ~. ?°_~;~~'.,:;,. GRANTORS: STARWOOD LAND CORP~PATION OF ~ - ~ ~~~~ COLON?.ADO ~;,` ~ .; _ ~~;r°^~. ;"I=""•- ~~ ~ Vice President ., ~ ~ ~~ Ash. Secretary -6- fi='f~1~Z~;E:;I.... ICS G'r~~.;3 <''.'~:3t:? C?~:3i~ ! •~, ~'. i'~ ~ ,? .E 9'88 ~ . a STATE OF COLORADO - } )ss. COUNTY OF PITKIN ) 9~OK~,~~ PACE~C~ The for~e ~Ioi~ng,- instrument was acknowledg d before me this " ~ day of L~ 1974, by •~1t~ as ice President and as Asst. Secretary of . Starwood Land Corpora~tl~on o 0 or o. ;,`''~~:•~;~~•c,. Witness my hand and official seal. .•'• fi.~..' _ "•_~.• •- My commission expires: !O ... '~:~ ~ ~-1G ~c0 :;=' - a+Y t~oRrniaion E~wi GcL 7, ~s: ~ tlrlcuar, ~ 1~1~1anc..•^ti~., Notary Public ; r'. STERN LAND AND CATTLE e: .. ~;~~'fFrpsrd~~:t a( ~}'` .. }ss. COUNTY OF PITKIN _ ~ The foregoing a.nssrua~nt was acknowledge before ~ this day of (~a.~~~., 1974, by ~ as ""Pi`'es}dent an~~L~~°,}~,~," q_Cyt,~ as ecr tary o tern and '~,~, ~-~'aiid~~attle Co~saay_ _ `~'' ,~~}"i•~.^i. Fitness ~ ~~ ~ ofg3cial seal .~. - rr ~, ~ • '• DS}?' eosseissiczT erPir,s- ,~,~ ";, .> ..:•, ~zaj•ss GcL7, ie7o. . _ .:1_ - • - ... -. ~ • ~! ~J ~ . .~ r')'~ star is The foregoing iust•a-~~nt is hereby accepted, consented to and approved this ?Znd da}• o* =ebruar}', 1974. Secretary ~TARWOOD HOAfE OWNERS ASSOCIATION ~`> .. • L• ~; ~, ~ -7- By ,s-- ~ / ~~ Secretary • President STATE COUNT ~k~a rresid Home C «, w, ~, t - STATE OF COLORADO .~ar~...1_(t~f 1.~' E:(`e(~'E::l...( ~(="f_~ r' C:~#~1C:x'~; E::~[=M~,1~a.~..BC~`:>I`~I r. 285 ~acE g89 gonK 285 pact 9~0 _. - T~ . , ,..... , , .~ ,-_~ STATE OF COLORADO )- )ss. COUNTY OF PITKIN ) me this as Mary of The foregoing instrument was acknowledged before me this ,~K~day of 6tiectrl/ 197, by ~la~~ce,~i3~,~kl,~~.,:.~~ as President an,,,;~ llxw 5 a.c.E,i~s~~ as Secretary of Sta:woo~d Home Owners Association. ,~~;- f-. Witness my hand and official seal. q~i!. rt, ~~~~~ •~. ` ~•.: ~~My commission expires 29 /r/ ~'S- ~i "~ '~~~~' ' if '• , z O a of • • :/!+u ~.~ y'., .~.,,- •: ,~ `1~ ~ r: a~~x~s~4;C ~^' ... wya ( I '~`' ~t ~ ~` ~. \~.'~i L1` e this as rn and ented to ATION ~ President -8- ~~'f~ t`~ t,.-: F.; !-_., t C.-) r? C~ s=1. 3 r'. e.~ ~_~ i..) t-:~ ~~3 C.1 i o00u~4 ~~rytt~ t I t ,gyp t dg .~p• YR ^`r,.. - ">. l~'~ 8'`. ~~t. ~. `>': . . n. k ;;": :'..~ ,:..; 4t~ ~~~aal ~„~4,o:~,v~ 1s,:i4 ~;~•~~: •ur:'s.~„> r7r~ 7oT r~r, pre £311v1A Ue~vip, t`lkkln Gt,f:y f'.1Prrri, Due +h,Qp ;~. .NIB AQR$$l1ENT, madn and entered into thin 7•> l" day of ~ 8. ~TBRN ~{thoy ' St rns") ,~nrandDaBTARNOODT~iiOMEJ ogN$RS AEBOCIARY , a Colorado nonprofit corporation ("SHOA"),. 11NEREAB, by Doed of Common Arr;, and Easements recorded April 11, 1974 in Book 285 at pogo 9s3 oi' the Pitkin County, Colorado real property records, Starwood Land CorForatlon of Colorado and Stern Land and Cattle company conveyed to SHOA p 35.538 acre tract of land situotod in Pitkin county, Colorado, said tract being more particularly deacribad in Paragraph 1 of said Used (the °SUbjact 'Pract"). and reserved to Stern Land and Cattle Company and its auccessoza sole and exclusive uaar rights with respect to the Subject Tract fora 40 year period expiring Harch 1, 20x4; and 1flIEREAB, the Sterne are the sLCCeasora in interest to Stern Land and Cattla Company with respect to said reserved user rights, and the Sterns desire by this instrument to relinquish and quitclaim to SHOA all of said reserved user rights; and NNEREAB, RNOA doairao to accent such relinquishment and to release and hold harmloaa the sterna from any obligations, reaponaibilitlea or liabilities in conneetion with the Subject Tract arising or accruing after the data hereof. NOIf, TNEREIOAE, For and in con~:iderntion of the promises and for other good and valuable co,ir:idorationa, the receipt and sufficiency of which era horaby acknowledged, the parties agree ae follows: <~ 1. The Sterns hereby fully and forever grant, transfer, convoy, quitclaim and relinquish unr.o SHOA and its successors and ": f assigns forever, all of ti,eir riytit, title and intsrsat in and to the 35..ri35 :,cro tract of land *_hnt is. aors hart,{r~t1,~r]y dAerr{beri #;',;,: in Paragraph 1 of the Deed of Common Arep and Saaements recorded in Book 285 at page 981 of the Pitkin County records (the "Subject °~ Tract"), specificall/ including without limitation the user rights »: ~ reserved to Stern Land and Cattle company and its auccesaora in °~;;_ said Paragraph 1. 'i 2. SFioA hereby accepts auclt conveyance and relinquishment, ``~{' horaby aecepta the Subject Tract it its proaent condition and assumes full rseponaibility for one ownership and ma.intenanco thereof, and horaby fully and [orovor rolaassa end agrees to hold ', harmless the Sterne, their family members, and their heirs, aucceasors and assigns from and againsk any obligations, ~~; reaponsibilitiea or liabilities ii? connection tiith the Subject Tract arising or accruing after zhe date .toreof, epecifieally including without 13mitation any caligation to maintain and carp '.~ for the Subject Tract and/or to pa;~ taxsa thereon. `~.: _, i:; `iA':tf; 1flc ~., ,.' ~;. r; G. ..: dr;. d:. j` 4 ~i~~„ . ~~~ t r _. ~ ~. :x: ~~._..~ti~,,,..." ~ ~~'idr~ ~~yP~:'Cv~} v"'Tr.'~"S~~^y+s ~ "iy~~ Y .. i : 4,.., ~ ~'' -. r l >~.. ~.. t' C` ~~QU~~ n^~r~ ~;:~t~,l~"~.:E~L_ if_) fit:>~.;:' i~'t>~3t_) t:~?z3C:1 i ,d~ ~ ~._~.. ~ ~ P t ..~--.* i 1.,.., 1 V \~ E::, ~._. f '1 ~..) ~_ ." 4.:a ~•i~ t,-:r ~`7 L~:.. ,r`ti. 4 . i 4'`~ €:J~~ ~ t._..) 3 'V t t 3 y $ y 7 :W ,.~yy`t.:?~,${i.~f.~'5~~+~ S`~"f.t sly:: .. 4~5~~:~~:,~IC~ '~~`~. F'•.;t~,','t,kl ~: r\..'~ .e%`'}':.: ,Y t ~,~ r'1' ' .~~. 9 K+!~g ,ti eF''t f d ~~ `.~ ~•1 rd`~ ~' Y C: i= :~ ~~ :: ? ,' ~. _ `z4 `f a "v «_ - t ~, i ,~, '~~y~~ ': r .. ! '.'kl,~ - ?'; ~: __ I ,: ~; 1 _ F - I ,:~.~_ ,. .,s;'" ,~`• . ..,.: 11355541 U4/45/9l i~;34 Rec 415,QCJ Df: 707 AG 871 Silvia Davis, f't tl.'in Cnty Cterk, Doc 4. QQ 3. SNOA hereby further r~~rees that from and after the recording of this Agreement in the Pitkin County real property records, the Subject Tract sha?'. at all times constitute and be considered a "Common Tract^ und.~:- the provisions of the Protective Covenants for Stanwood Subdivis?••°~n recorded in Book 211 at page 231 of said records, as amended, and _hall in particular be subject to the restrictions contained i» ~~rticle VIII of said Protective Covenants. 'F, .e.......... . ,, ~.~~'~:; ,s. ri ;~ < ~.~,~ . +~, :. ~~~• 4. Th1s Agreement shall >,~ binding upon and :pure to the benefit oP the parties hereto and their respective heirs, personal reprasentatives, successors and assigns. I1111ITNESB ABEREOF, the parties have hereunto set their hands and seals as of the day and year First above written. i THE STERNS: r tact ; ~r Stern, 3r. L ~ 7 ~ ` ~ ~ ~~,' ~Yeiiiine'S. stern SHOA: Stanwood Home Owners Association ~ /) ~ President ATTEST: <,A ~~«. ~' ~ ~~ti .~~ ~6~t. /• /~ssiy~i'~Secretary STATB OF ~,y~1p/y ~ )ss OOUNTY C~F,~~RR/ ? The foregoing instrument was acknowledged before me this ~'f~*-~ day of ,,~~Or~~/ , 1992 by Edgar B. Stern, Jr, and Pauline S. Stern. Witness my hand and officia:t seal My commission expires:~~,',.:~~ -r/. i -~y ~., ''~~ Publ c r.~ ti~ ooou4s ~~~~_~ .._ _ ..,d- . _ t - '~ >:.! ;:.i :::: i 1 `~~~: f ~.. ,, ,•k ... .~ -.. ,...' , Al ~J. V.., ~.T~. ~'''~ v"„ v:,t _-.~ y . ~t~i>:' - :;~;...5;..-,iai .ii: Y~7fi~T•, `~;t- :~ "3' :•`^~y',,, C. '•f •r,~..•$~.y..• PYC``•~~(,`(}"~`R rf_W4 ~~Lli` `f~~ ~ T ., ,P Y~ ..,TiS9eF.i~~.~~]•~iL~. .~4W~~i:•?;}~i~ y~'a[4 1F355541 04/05/93 15:34 Rec f15. 00 8K 707 PG 8?,'Z Silvia Davis, Pitkin Cnty C1erkP Doc f, 09 STA^aE OF COTARADO j jss. COUNTY OF PITKIN j ~.%Y~Qay ofThe fo~going inskt'ru993t by Meq Haynes~as Presidenttand T P~•G r z4 as ~!S'Secreta::y of Stanwood Home owners Associat on, a Colorado non-profit corporation. WITNESS my hand and official seal. .,,, My commission expires: ~i~•~~ ~~ /y~S ~•• ~; ~••~~•. i~•''• i ~ 's, T'••, _ ,~~ ~'%F~~ eo~o~~ r• EXHt81T A-7a PARCEL DESCRIPTION Street Address 121 Stewart Drive, Aspen, Colorado 81611 Legal Description A parcel of land situated in the West % of Section 36, T. 9 S., R. 85 W., 6`" P.M., Pitkin County, Colorado and more particularly described by metes and bounds, containing 35.538 acres more or less. Parcel ID 2643 2620 0801 and 2643 2630 0801 ooou4~s E _ EXHIBIT A-7b VICINITY MAP l 000043 ~XF-~1E`~~.T~ ~-'~'e; «C~"f`1VI'T"r'" =~Nll,[.._F="[~: ~" M~".~~ F»>CE= 9~~='~I.9~'?I~! 0. S e t i t `v, r n L n n t r A_E`o cat e u t.' ,: $"_= b n c k~ / u r._ J eI n it s~~F,~ STARWOOD ,METROPOLITAN DISTRICT ~ 64$O 0121 STEWART DR. 97025-8939 , ' ASPEN, CO 81611 23-315/iD20 DATE - ,S~ ~ /D 7 ' . a~a. ~ ORDER OE - ~ ~~ ~ ~ ~ ~ - -~ ~~-~ :c~,e~ , } ~ ,977 Qo ~ ~ ~ /fir nOLtARS 8 ~.. ~ ~ ~ ~ ~ ~ ~ NATIONAL ASt6CIATfON ~jECTRABALNK AsP~" oa ~,; ' REDDhRESPONSE.1-90p.2'32.9949 (24-HOUR ACCOUN71NFORMA710N) ~ ~ - ~ ~ - ~ 11. FOR ~~ :~ - - - ii'00648'Ou' ~:'L0.200 3 L 54:4 74,0 i 2 7 i 1,6n^. __ -- ~ :a ~~ Cad C:> PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and ~?1'p-~-y~100n M~Tk~1Po1.ITAN 10151~t-IC~T °, (hereinafter APPLICANT) AGREE AS FOLLOWS: G!'rP~-VOOOtQ HOM~pWN~~j P`fjoGlA'~'IgJ 1. APPLICANT has submitted to COUNTY an application for P'Gl'tdtT`f ~NVI~Vo~p~ ~°jl~ -1'I~PN Ibl`'fQ~~X~ MaTlo Ill l:o EL .(hereinafter, THE PROJECT). ` t-t~T~.v UtyT~i~T e F Ft G~ 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 022-2006 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 $ which is based on _ 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 ofprocessing. PITKIN COUNTY Cindy Houben Community Development Director Effective 7/26/06 G:county\admin\formslagreement to pay OVOU5J APPLICANT ~V ~~ ~ l ~ 1 N ~ ~' ~. Print Name ~,,. ~_vv . Signature Date: ~7 ~ M PY 200`) Mailing Address: .~.~,~U 0 O it7 ~`~~ ,Po L ! TAIJ -~t~f ('~-I ~iT Imo, _~(.~ ~ l~~N , GO 8l cv I ra :: _i_ ~ ~`°` i 1. ,~.f I: f~J ~' (:: i,.... C) f ' C::: t ; !~'t C..,i x (:: ~` C ~ 1 I:; ?~ I C` :% C`~6 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and ~i'P~W G0~ NtG-~R.p pad 1TpN ~tr~,-~~t~G,r ~ (hereinafter APPLICANT) AGREE AS FOLLOWS: 5 H~,t~WoOq ~ - , T HoMEOWNE~ ~-~ioGtATtot~1 1. APPLICANT has submitted to COUNTY an application for PG'(we'j-{ ~~v~~jp~ ~r~~-~~ PV,~j~ ~~"M ~~ -~~~'~'r'`~ ~~'!~- ,(hereinafter, THE PROJECT). M l~"t'~ ~ t ~'{'p-tli~" P~II14~tt~c~ 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 022-2006 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 $ which is based on _ 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 7/26/06 G countyladmm\formsla~reement to pay O~OU5 APPLICANT _ /+ b ,~~ pit/ Print N Signature ~~~ Date: yj0 F-(A~( 2pp"] Mailing Address: ~JTAA_ ~-W ooh btOht~O W h~l;/iR-~i P~~ , 1'~ t ~2tT W p ~T t'a ~R-111 ~ P~~P~N Go 8t~ott ;,f`ed' ~'~ ~ : 1 1 `,u ~ 1 1 ,. l.: I"~l \/ E:: l .. C :~ ( ~. , t vry ~u'! t:~ `=~ 1=: ;~ E_. ~,1 ~:~ 1-~ ~ ~~; ~ STARWOOD METROPOLITAN DISTRICT 0121 Stewart Drive Aspen, Colorado 81611 Telephone 970.925.8939 Fax 970.925.5870 May 30, 2007 Mr. Ezra Louthis, Planner Pitkin County Community Development Department 120 South Galena, 3`d Floor Aspen, Colorado 8161 I Re: Starwood Common Area Tract 121 Stewart Drive Parcet ID 2643 2620 0801 and 2643 2630 0801 Dear Mr. Louthis: Please consider this letter as authorization for William Lukes AIA of the Lakeside Studio and Paul Taddune, P.C., Attorney to represent the Starwood Metropolitan District in connection with any applications made to Pitkin County with respect to property owned or controlled by the District. Sincerely, Kurt ollinger President, Starwood Metropolitan District cc: Starwood Metropolitan District Board of Directors Meo Haynes, Executive Director ~.F~f"~\,...T l.... d_.. ii_.,i ~5.)""~,.1 7~~,1 „~L ~ ~~5.".+\..T f reg.; T 9~.''I 1 "r' l:. ~d~ri~: i..C )6't.:. ,` C.a"u1(~?~~ 1--~'E ,~~6'1 I~.~ti"~ STARWOOD HOMEOWNERS ASSOCIATION 0121 Stewart Drive .Aspen, Colorado 81611 Telephone 970-925-8939 Fax 970-925-5870 May 30, 2007 Mr. Ezra Louthis, Planner Pitkin County Community Development Department 120 South Galena, 3`d Floor Aspen, Colorado 81611 Re: Starwood Common Area Tract 121 Stewart Drive Parcel ID 2643 2620 0801 and 2643 2630 0801 Dear Mr. Louthis: Please consider this letter as authorization for William Lukes AIA of the Lakeside Studio and Paul Taddune, P.C., Attorney to represent the Starwood Homeowners Association in connection with any applications made to Pitkin County with respect to property owned or controlled by the Homeowners Association. incerely, 1 a David Stein President, Starwood Homeowners Association cc: Starwood Homeowners Association Board of Trustees Meg Haynes, Executive Director 000 ~ ~- ~~~-.i EXHIBIT A-11 ADJACENT PROPERTY OWNERS ~ Parcel ID 2643 2620 0801 and 2643 2630 0801 PROPERTY OWNERS ADJACENT TO SUBJECT PROPERTY Per Pitkin County Assessor's records as of 15 May 2007 R-80 RWD Aspen Res Trust 125% 2800 Paseo Del Mar Palos Verdes Estates, CA 90274 R-81 Charles W. Racine Trust c/o Tim Herreid 117 South Spring Street Aspen, CO 81611 R-82 Ronald and Lily C. Garfield PO Box 2563 Aspen, Co 81612 R-12 Juliet E. Shield-Taylor 0221 North Stanwood Drive Aspen, CO 81611 R-13 Michael M. Solondz 1 Round Hill Ct. Colts Neck, NJ 07722 R-14 William and Marie I. Wise Family LP c/o Nancy Palmieri 10223 Broadway, Suite P257 Pearland, TX 77584 R-15 Imogen S. Schaetzel 50% 3909 Prospect St. Kensington, MD 20895 R-16 R16 LTD 418 East Cooper Avenue #202 Aspen, CO 81611 PARCEL ID 2643 2710 0001 Moore Family Ranch Properties LLC Box 126 Woody Creek, Colorado 81656 PARCEL ID 2643 2620 3002 Aspcol Corporation NV c/o William R. Jordan III 418 East Cooper Avenue #202 Aspen, Colorado 81611 ALL STARWOOD COMMON AREA Stanwood Homeowners Association 121 Stewart Drive Aspen Colorado 81611 QoooS~a ~~'.,. ~. { ~ ; ~ .t Y E=: N V E..:.1... C:? ~ ~-:. C ~ ~'1 t'~ `-=~ E : k. C~~; ~ 1 h >_1... f ~:71°~i f~; ~ }.. f ! ~ ~ (.~.. ,~ , ~> PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PROJECT: Stanwood HOA GMQS Exemption for Civic and Institutional Uses, Activity Envelope and Site Plan LOCATION: Stanwood HOA Ranch Manager Parcel PID# 264326300801 OWNER: Stanwood Metro District REPRESENTATIVE: Bill Lukes Phone: 963-8025 DATE: March 29, 2007 PLANNER: Ezra Louthis, 920-5092 Type of Application: GMQS Exemption for Civic and Institutional Uses, Activity Envelope and Site Plan Description of Project/Development: The Applicant is requesting approval of an Activity Envelope and Site Plan with vested rights, as well as a GMQS Exemption to construct Metro District facilities on the ranch manager's parcel. Land Use Code Sections to be addressed in letter of request (application): Sec. 2-30-20(g): Activity Envelope Criteria for Approval; Sec. 2-30-20(8)(2): Administrative Review Procedure -Site Plan Criteria for Approval; Sec. 6-30-100: GMQS Exemption for legally created parcels; Sec. 6-30-120: GMQS Exemption for Civic and Institutional Uses; Sec. 7-10-50: Activity Envelope; Sec. 7-20-20(e) 2-10: Grading; Sec. 7-20-30: Water Courses and Drainage; Sec. 7-20-60: Wildfire Hazard; Sec. 7-20-70: Wildlife Habitat (Elk Winter Range); Sec. 7-20-120(d and e): Standards for Scenic View Protection Areas {may not apply if property is not visible from Highway 82 or McClain Flats); Sec. 7-20-130: Landscaping and vegetation Protection; Sec. 7-30: Roads, Driveways and Parking Sec. 7-50: Public Services and Utilities Staff will refer the application to the following agencies: AFPD, CDOW, Planning Engineer -Zi,...i ~ Review by: Community Development Director Public Hearing: NO, however, public notice is required. 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: $3,977 (make check payable to "Pitkin County Treasurer") ^ Planning Office flat fee: $3,465 (non-refundable; based on 15 hours of staff time; if staff review time exceeds 18 hours, the Applicant will be charged for additional time above 15 hours at a rate of $231/hour) ^ Planning Engineer Fee: $462 ^ $50 Publication Fee ;~,~..~.~\,~._~,'r'` E~:~`~\,'~:;.l,..CF:>~'E=:. <:.!~tC1`.~~ C- ~E.^s1f.~..~.1~.::~! Y::~~;E--l14=3l.~.. ~`~ 1 .% To apply, submit 4 copies of the following information, unless noted otherwise: 1. 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" and 11" by 17" Site Plans as designated in Section 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; 3. Wildfire Hazard Analysis and Mitigation Report from a County certified wildfire expert (optional); 4. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual (if applicable); 5. How and when parcel was created; 6. Proof of ownership of subject property; 7. Parcel description, including legal description and vicinity map; 8. Total fee for review of the application; 9. Signed fee agreement (1 copy); 10. Consent from owner(s) to process application and authorizing the representative, if applicable (1 copy); 11. List of all adjacent property owners (1 copy); 12. Copy of this preapp form. 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. 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's~Q I ~ o^ I c ' o I ~ O ~ o o H~ ~ ^ ° n p d O~ p4 ...° 4t op ~ I ~t° I n ^Nm^ n n A I S an n j ~~ a o c 1 ~ ~ tnRt o n LO on o ~ mt 0 0 0 n ~ o'"a a <p'OO n m ~ p ~ ~ ° ~ o ° e 't k 4 mo p4~N ~n z ~_ to ~ ~ n ° O w 4 ~ O R •, O O ~ ~ ny ~ ~ ^pm i ~~ t o ~ F a y °O o a ~ ^ I ~i n H O a ~Q t R~ ~'~ ~° n '~ 'tea ~~ . PUBLIC NOTICE RE: Starwood HOA GMQS Exemption for Civic and Institutional Uses, Activity Envelope and Site Plan (Case P088-07) NOTICE IS HEREBY GIVEN that an application has been submitted by Starwood Metro District (121 Stewart Drive, Aspen, CO 81611) is requesting approval of an GMQS Exemption for Civic and Institutional Uses, Activity Envelope and Site Plan with vested rights. The property is located at 121 Stewart Drive and is legally described as a parcel of land situated in the W %2 of Section 36, Township 9 South, Range 85 West of the 6th P.M. The State Parcel Identification Number for the property is 2643-263-00-801. 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 Ezra Louthis at (970) 920-5092. Published in the Aspen Times Weekly on July 8, 2007. 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 August 10, 2007. 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. PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on October 30, 2007, the Pitkin County Commutty Development Director granted approval for the Approving the Starwood HOA GMQS Exemption for Civic and Institutional Uses, Activity Envelope and Site Plan (Case P088-07; Deter. #102-2007). The property is located at 121 Stewart Drive and is legally described as a parcel of land situated in the W %: of Section 36, Township 9 South, Range 85 West of the 6u' P.M. The State Pazcel Identification Number for the property is 2643-263-00-801. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Asnen Times Weekly, on November 11, 2007. PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 June 27, 2007 Bill Lukes 801 Lakeside Drive Carbondale, CO 81624 Re: Stanwood HOA GMQS Exemption for Civic and Institutional Uses, Activity Envelope and Site Plan (PID#2643-263-00-801; Case# P088-07) Dear Mr. Lukes: 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 July 20, 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 August 10, 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 20th day of July, 2007, which is at least fifteen (15) days prior to August 10, 2007. This must be submitted prior to any approvals being granted. If you have questions, please call Ezra Louthis, the planner assigned to your case, at 920-5092. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2-20-100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Aspen Fire Colorado Division of Wildlife County Engineer FROM: Ezra Louthis, Community Development Department Re: Starwood HOA GMQS Exemption for Civic and Institutional Uses, Activity Envelope and Site Plan (PID 2643-263-00-801; Case P088-07) DATE: June 27, 2007 Attached for your review and comments are materials for an application submitted by Starwood Metro District HOA. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, August 10, 2007. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. ~'~ C-~~7 70: Ezra Louthis, Community Development Department From: Ed Van Walraven, Fire Marshal CC: Datee July 23, 2007 Re: Starwood HOA PID #2643-263-00-801; Case P088-07 Ezra, This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but is not limited to Fire Department Access (International Fire Code 2003 Edition Section 503), Turning around of fire apparatus (IFC Section 503.2.5), Due to location an approved fire sprinkler system shall be provided in all structures regardless of size (IFC as amended Section 903), Water supply, a minimum of 20,000 gallons (IFC Section 508), and detailed wildfire mitigation plans for both landscaping and structural standpoints shall be submitted. Confirmation of the proximity of the nearest fire hydrant required to mitigate the 20,000 gallon water supply. Please have the applicant contact the Fire Marshal's Office for spec'rfications on the above requirements. T k you, Ed STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Mark B. Konishi, Acting Director 6060 Broadway Denver, Colorado 80216 Telephone: (303)297-1192 wildlife. sta te. co. us July 20, 2007 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 RE: Stanwood HOA GMQS Exemption Dear Ezra: For Wildlife- ForPeople The Stanwood HOA site lies within elk winter range but due to the proximity of the building to the manager's home, this use is minimal. The site also lies within a black bear concentration area and human-conflict area. The HOA will need to take the proper precautions to minimize human-bear conflicts. Construction of the building adjacent to the manager's home should not have any significant impact to wildlife. The following recommendations will help minimize human-wildlife conflicts: 1. implement measures outlined in section 7-20-70 of the land use code as it pertains to black beazs 2. round handled door knobs should be used for all outside doors instead of ]ever handles in order to minimize a beaz's ability to gain entry 3. contractors/construction workers aze required by code to provide a beaz proof container for all food related trash. This is not being followed by the majority of construction sites and needs to be adequately enforced and relayed to al] construction workers. 4. contractors/construction workers should not be allowed to bring dogs on site during construction as the Division has had problems with construction worker dogs chasing wildlife. This is important when building within big game winter range azeas. If you have any questions, please contact DWM Kevin Wright at 947-2920. Sincerely, /.~ /~erry~W Area'Wildlife Manager Cc: R. Velazde, K. Wright, file DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director W ILDLIFE COMMISSION, Tom Burke, Chair • Claire O'Neal, Vce Chair • Robert Bray, Secretary Members, Dennis Buechler • Bred Coors • Jeffrey Crawford • Tim Glenn • Roy McAnally • Richard Ray Ex Officio Members, Hams Sherman and John SWIp W I L L I A M C L I N T O N L U A R C Thursday, July 26, 2007 Ezra Louthis, Planner Pitkin County Community Development 130 South Galena Aspen, Colorado 81611 re: Activity Envelope and Site Plan Review GMQS Exemption for Civic and Institutional Uses Stanwood Metropolitan District and Stanwood HOA Proposed Metro District Office 121 StewaR Drive, Pitkin County Parcel ID 2643 2820 0801 and 2643 2630 0801 Ezra: Enclosed is my notarized affidavit of posting and mailing for the above project. At this point, I have return receipts from 10 of the 11 parties that were sent notices and are awaiting a receipt for the letter sent to R-82 (Garfield). THE LAKESIDE STUDIO p~t~ ~ William Lukes AIA THE LA KES CDE STUDIO 801 LAKESIDE DRIVE CARBON DA LE COLORADO 81 62 3-3 1 09 F 963 8026 P 9]O 963 8025 1 ~ (~ County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITxIN COUNTY LAND USE O R I G I N A L CODE SECTION 2-20-100 I, W IVV tPH V ~I~'~ir'! ,being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owners of property adjacent to the subject property, as indicated on the attached list, on , 2007 (which is 15 days prior to the deadline of , 2007). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to the owners of the mineral estate underneath the subject property, as indicated on the attached list, on the , 2007 (which is 15 days prior to the deadline of , 2007). The names and addresses of the mineral estate owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 3. By posting a sign in a cons icuous lace on the subject property (as it could be seen from the nearest public way) on the , 2007, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. Applicant's name Si tore (Attach photograph here) Signed before me this) ~J day of ~ 0 ~~ 200~by 1- `NI ~ ~ian'1 ~, it,k~S WITNESS MY HAND AND My com~(miss/ion exp/Iires:~ ~J I~,11 a, /-Y • ~o Notary Publ~., , Notary Publi~)s Signature ~ SEAL A: J~ NOTg9 ' ~eLIC . 7t~ •• ~A Z ~.. N ~, ~~ 3 ,~ ~9 N n O O N fV t~l `f N _O J W U d Z _~ F- 4. W X W C7 W a O J W } Z }W F- F U Q 3 PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 June 27, 2007 Bill Luker 801 Lakeside Drive Carbondale, CO 81624 Re: Starwood HOA GMQS Exemption for Civic and Institutional Uses, Activity Envelope and Site Plan (PID#2643-263-00-801; Case# P088-07) Deaz Mr. Luker: 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 chazge 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 Departrnent (copy of notice will be mailed to you by the Community Development Department) by July 20, 2007. The names and addresses shall be those pn 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 August 10, 2007. If any objections to the development application aze 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 20th day of July, 2007, which is at least fifteen (15) days prior to August 10, 2007. This must be submitted prior to any approvals being granted. If you have questions, please call Ezra Louthis, the planner assigned to your case, at 920-5092. ely, ClGcilJQ7 Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2-20-100 PUBLIC NOTICE RE: Starwood HOA GMQS Exemption for Civic and Institutional Uses, Activity Envelope and Site Plan (Case P088-07) NOTICE IS HEREBY GIVEN that an application has been submitted by Starwood Metro District (121 Stewart Drive, Aspen, CO 81611) is requesting approval of an GMQS Exemption for Civic and Institutional Uses, Activity Envelope and Site Plan with vested rights. The property is located at 121 Stewart Drive and is legally described as a pazcel of land situated in the W '/~ of Section 36, Township 9 South, Range 85 West of the 6~' P.M. The State Parcel Identification Number for the property is 2643-263-00-801. 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 Ezra Louthis at (970) 920-5092. Published in the Aspen Times Weekly on July 8, 2007. Attention Adiacent Prouerty 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 August 10, 2007. 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. Parcel ID 2643 2620 0801 and 2643 2630 0801 PROPERTY OWNERS ADJACENT TO SUBJECT PROPERTY Per Pitkin County Assessor's records as of 15 May 2007 / R-80 RWD Aspen Res Trust 125% 2800 Paseo Del Mar Palos Verdes Estates, CA 90274 R-81 Charles W. Racine Trust c/o Tim Herreid 117 South Spring Street Aspen, CO 81611 R-82 Ronald and Lily C. Garfield PO Box 2563 Aspen, Co 81612 °~R-12 Juliet E. Shield-Taylor 0221 North Stanwood Drive Aspen, CO 81611 / R-13 Michael M. Solondz 1 Round Hill Ct. Colts Neck, NJ 07722 / R-14 William and Marie I. Wise Family LP c/o Nancy Palmieri 10223 Broadway, Suite P257 Pearland, TX 77584 / R-15 Imogen S. Schaetzel 50% 3909 Prospect St. Kensington, MD 20895 `~ R-16 R16 LTD 418 East Cooper Avenue #202 Aspen, CO 81611 `~ PARCEL ID 2643 2710 0001 Moore Family Ranch Properties LLC Box 126 Woody Creek, Colorado 81656 / PARCEL ID 2643 2620 3002 Aspcol Corporation NV c/o William R. Jordan III 418 East Cooper Avenue #202 Aspen, Colorado 81611 / ALL STARWOOD COMMON AREA Stanwood Homeowners Association 121 Stewart Drive Aspen Colorado 81611 ~D 24fl1Y ~ ~ COMMgNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 8].611 (970) 920-5526 Pitkin County ~O Land Use: 172 $oard of Adjustment ~ 159 County Land Use Cade 174 Flat Fee ~ j ~~ 162 Zoning and Sign 169 Public Notice+ _ ~~~ ~ 160 Planning Enforcement 175 Hearing Officer Referral Fees: 210 Airport ' LUCO1 County Clerk - 211 County Engineer ~~ (~ 194 Environmental Health 208 Historic 198 Housing 190 Land Management ' 209 Redstone HPC 206 Wildlife Officer i Building Fees: 170 Board of Appeals 105 Building Permit ~ 120 EIectrical Permit 1 195 Energy Code Review - r 115 Mechanical Permit 150 Plan Check - 110 Plumbing Permit i 130 Reinspection 152 AVFD Fire Mazshal 158 '~ BFD Fire Marshal Other Fees: 1S5 Use Tax I65 Copy p PZ005 Master Plan Copy ' I 185 Park Dedication ' IS GIS Requirements ' 161 Housing Impact Fee - B 1202 Road Impact Fee ' F B1203 School Impact Fee - I - ' TOTAL ..~. <, ~`~ (~ ADDRESS/PROJECT: PHONE: ~f ~ : i~'°/ - ' ~ - CHECK#~_~ ~~ ~~ Q ~~ _ CASE/PERMIT#: DATE: (`i ~ ~'`~`, ' j j' INITIAL: f--•".. '1 --., a 2• GRAPHIC SCALE i:a>l l'1 ,ry1� trot pit; Found Red Plaetic Cap a1Markad LS 20133 ' ,p V1' Found Ree Pl r" -o"rid 2 ,/a' Pipe 301.00' ;hipatio Cap ked Ls 20133 0 tri j v76'59'u"n 5,21' FoundYekpw Pla ae Cap Starwood Rauch °Marked LS 20151 Book 20 Page 64 � Lot. 21 Found rea LS RLS 7 6 Cap Marked ]168 S0110'O6'W 3.66' Starwood Ranch Lot P 1 5 Lot. R-80 �a Common Area Found Yellow PlaetlaFound 2 1/4 Pipe / Cap Marken L6 20151 35.54 A. C. t l Lot, R-81 ! I l l Found R Lot PIA, RPlr � . , w R#4 anta CE aQ Starwood -Twelve Lot K- 81--1 ` .. `� raye!s ' Cap IIttM@tbli Found Ne )))GGG r; '"'� 6 Rep., {• - i r Lot P 1 :A naw saw 5te»w i U V0 \ I starwoo 1 Thre Found $1 Book s Illegi4la PlaetPo kFpnna N'e. rawM @Wr e i si-CR4'e';£ w7-'` Nl1i@MHes area R`�ia Gpc, %illWtt+ 1 1 Found Yalew I Plaena Cup 1.€)t P Color Lover Range Beg. Range End Percent Area ❑ SRF-RNG1 0. OD 19.99 99.9 106650.60 .., 5RF-RNG2 20.00 29.99 0.003 367 38 SRF RNG3 30.00 100.00 0.007 749.96' LINE TABLE LINE LENGTH BEARING L2 60.09 N15'18'37"W L3 87.44 1 S00°00'00"E CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING _ DELTA C1 60.00 98.31 64.21 87.68 N43°03.22'E 93°5745° C2 647.81 181.85 91.53 181.25 S81'57'29"E 16'05'02" C3 220.37 217.31 118.41 208.61 S45.45'04"E 96°30'01" Activity Envelope Plan Common Area/Caretaker's Area Starwood Subdivision Pitkin County, CO LENGTH Legend and Notes: CHORDBEARING � S C H M U ES E R GORDON M EYE R DELTA - L indicates found monument marked as shown 647.81 18185 91,53 - Description: Common Area according to the Deed of Common Area and Easements recorded April 11, 1974 in Book 285 at Page 983 and the Agreement recorded April 25, 1993 in Book 707 at Page 870 in the office of the Clerk and Recoder of Pitkin County, Colordo. - years from the dote of the certification shown SCHMUESER � CORDON � .ASPEN, - This map has been prepared pursuant to client request to provide an Existing Condition Map of this property. ENGINEERS I SURVEYORS CRESTED BUTTE, CO (970) 349-5355 - Maps used to construct this Existing Conditions Map are listed below: Starwood Ranch Lot Split recorded in Book 20 Page 64 Starwood Three recorded in Book 3 page 6 Starwood Twelve recorded in Book 4 Page 112 Starwood Ranch recorded in Book 2 Page 282 Also used to construct the Caretaker's Area was Agreement recorded in Book 371 at Page 50. Subject Parcel lies in Flood Hazard Zone X, Area determined to be outside of the 500 year flood plain, as shown on FEMA Flood Insurance Rate Map Panel No. 08097C201C, dated June 4, 1987 and is not affected by the 100 year flood Plain. Surveyor's Statement: I, STEPHEN L. EHLERS, map of existing condit on 11/11/07, and me G L. EHLERS '0 II�': Bred Land Surveyor in the State of Colorado, do hereby state that this ;ed by me and under my supervision and that both the survey, conducted ;o,acurate to the best of my knowledge and belief. Ari 1 Warning and Disclaimer Applicant acknowledges that he/she has been informed by Pitkin County of the existence of "Environmental Hazards" that might affect the property and any improvements, and the use and occupancy thereof. The provisions of these regulations do not in any way assure or imply that the areas outside of designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property. Applicant: By: --------- -�-- ---- Owner 411,11 i Q ejk►111 5 ice: a 1 �a�ol�z Community Development Director Approval: This_Activity Envelope Plan has been reviewed and approved by the Community Development Director this* day of k r, 2000, subject to the terms and conditions of the Administrative Decision No. 102-2007 recorded in the Pitkin County Clerk and Recorder's Office as Reception No. 543877. a' } Community Developement Director case F Acceptance for Recording This Activity Envelope Pion has accepted for filing i the office of the Clerk and Recorder of Pitkin �ounty, Colorado on this �! day of _�L 2008 in Plat Book -!i at Page as Reception No.1 . RECEPTION#: 550654, 07/01/2008 at 09:50:17 AM, 1 OF I, R $11.00 Janice K. rk and Recorder Vos Caudill, Pitkin County, Co PLAT BK 87 PG 65 Stam od Ramo+; Co-mM-n Area v t Book 707 Page 870 - �5.54 aore�1 �-7 Septic velope / it 1.TI / l -a O J ..!•ter' q4 eW U6 M.unew J l A it (� r7stirag a u Activity Envelope 14101 Le en Cable Irrigation votes f�❑ Irrigation Riser L% Brash Blue Spruce Concrete Growl Driveway N` Flagstone ` =�j Rock SCALA 1 "= 40' s" pavement CURVE TABLE l f- CURVE RADIUS LENGTH TANGENT CHORDBEARING � S C H M U ES E R GORDON M EYE R DELTA C1 647.81 18185 91,53 81 25 S81°5729"E 16°05'02° Color Layer Range Beg. Range End Percent Area a . / l pei o --' ❑ SRF-RNG7 0 00 19.99 99.9 106650.60 .,> \ - sRF-RNG2 20.00 29.99 0 003 J67,38 0und No 5 Rebor t / _\ Found Yel ow ,p 1 Zvi v_. >-, .. 8M 1017.87 "°rte Plastic Cqp ng « (___---` "- SRf-RNG3 30.00 10000 0.007 749.96 C7 Marked 4S 9184 f ftp, N 90'00`00" W 213.39' 12. 1 _ R - �` '°V 2_ �'f ---� _._ ,,._ - ,.� � �-�•� - - ens � o-.• �n.p n I l _ S>°WartDrive Dri ve: Found Blue Plastic Cap, Illegible 3 a _ ro Noticb: � S C H M U ES E R GORDON M EYE R , I According to Colorado Law, you mast commence any legal action based upon any I 18 W. STH STREET, SUITE ZOO //y Cj oM OD Areal are taker 5 Area defect in this survey within three years after you first discover such defect. In no event vLENWOOD SPRINGS, COLORADO 1 f0 w rn may any legal action based upon any defect y this survey be commenced more than ten ',970) 945-1004 FAX (970) 945-5948 MEYER COLORADO (970) 025 -6727 Starwood Ranch, F tl ib County, CO - years from the dote of the certification shown SCHMUESER � CORDON � .ASPEN, hereon. ENGINEERS I SURVEYORS CRESTED BUTTE, CO (970) 349-5355 POMPNNPw� REVISION DATE BY^ , j ✓ob No. 01071A-38 A!� T7e' 1... & r � t✓� Drawn by: tl c Fin vel oP e Date: 06118107 Plan Approved.' Of - File:. starwoodmona g er-AEP/on 20`0 L Lot "'rrOOO SxNa Sta Rot Slope Analysis Legend: Color Layer Range Beg. Range End Percent Area SRF—RNG1 15.00 29.99 99.1 37087.06 SRF—RNG2 30.00 44.99 0.9 338.68 SRF—RNG3 45.00 100.00 0.0 5.63 ECTfOry z3 I I WNW - e...", Subject Parcel CTION 6 �� SECTION ZS SECTION � 7 '�y,4 — I I SECTION 34 I I I I I S f� 35 SECTION 36 SCALE, • 11 1000 I �• Vicinity Map Notice., According to Colorado Law, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. LINE TABLE LINE LENGTH BEARING Ll 30.00 S16°00'00"W L2 60.09 N15.18 J7"W L3 87.44 500100'00'E Notice., According to Colorado Law, you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Activity Envelope Plan Common Area/Care taker's Area Starwood Subdivision Pitkin Co un ty, CO Legend and Notes: (O indicates found monument marked as shown Description: Common Area according to the Deed of Common Area and Easements recorded April 11, 1974 in Book 285 at Page 983 and the Agreement recorded April 25, 1993 in Book 707 at Page 870 in the office of the Clerk and Recorder of Pitkin County, Colorado. — This map has been prepared pursuant to client request to provide on Existing Condition Map of this property. 32 — Mops used to construct this Existing Conditions Mop are listed below: Starwood Ranch Lot Split recorded in Book 20 Page 64 Starwood Three recorded in Book 3 page 6 Starwood Twelve recorded in Book 4 Page 112 Starwood Ranch recorded in Book 2 Page 282 Also used to construct the Caretaker's Area was Agreement recorded in Book 371 at Page 50. — The 2' contours shown hereon ore from aerial mopping and provide by the Starwood Home Owners Association. 1 — Subject Parcel lies in Flood Hazard Zone X, Area determined to be outside of the 500 year flood plain, as shown on FEMA Flood Insurance Rate Mop Panel No. 08097C201C, dated June 4, 1987 and is not affected by the 100 year flood plain. Starwood Ranch Co mon Ar e7e Soon 7 P D J .54 acr Warning and Disclaimer Applicant acknowledges that he/she has been informed by Pitkin County of the existence of "Environmental Hazards" that might affect the property and any improvements, and the use and occupancy thereof. The provisions of these regulations do not in any woy assure or imply that the areas outside of designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property. Applicant: Owner Community Development Director Approval: This Activity Envelope Plan has been reviewed and approved by the community Development Director this ---- day of --------, 2007, subject to the terms and conditions of the Administrative Decision No. ------- recorded in the Pitkin County Clerk and Recorder's Office as Reception No. ----------. Community Development Director Acceptance for Recording This Activity Envelope Plan has been accepted for filing in the office of the Clerk and Recorder of Pitkin County, Colorado on this ----- day of ------- , 2007 in Plot Book ----- at Page ----- as Reception No. Clerk and Recorder O c't Sep tic D7 V f 1:'7l acres rrigaW Areo _ Activit elope� Non —lrri" 4\ Seper oundary betw en lrriga nc Non—Ir gated area .- Man M de Berm N9� N, 418.32' a M CURVE TABLE CURVE RADIUS LENGTH TANGENT I CHORD BEARING DELTA C1 60.00 98.31 64.21 87.68 N43'0322'E 93'5245" C2 647.81 181.85 91.53 181.25 581°5729'E 16°05'02" C3 220.37 217.31 113.41 208.61 S45°45'04'E 56'30'01 " Activity Envelope Plan Common Area/Care taker's Area Starwood Subdivision Pitkin Co un ty, CO Legend and Notes: (O indicates found monument marked as shown Description: Common Area according to the Deed of Common Area and Easements recorded April 11, 1974 in Book 285 at Page 983 and the Agreement recorded April 25, 1993 in Book 707 at Page 870 in the office of the Clerk and Recorder of Pitkin County, Colorado. — This map has been prepared pursuant to client request to provide on Existing Condition Map of this property. 32 — Mops used to construct this Existing Conditions Mop are listed below: Starwood Ranch Lot Split recorded in Book 20 Page 64 Starwood Three recorded in Book 3 page 6 Starwood Twelve recorded in Book 4 Page 112 Starwood Ranch recorded in Book 2 Page 282 Also used to construct the Caretaker's Area was Agreement recorded in Book 371 at Page 50. — The 2' contours shown hereon ore from aerial mopping and provide by the Starwood Home Owners Association. 1 — Subject Parcel lies in Flood Hazard Zone X, Area determined to be outside of the 500 year flood plain, as shown on FEMA Flood Insurance Rate Mop Panel No. 08097C201C, dated June 4, 1987 and is not affected by the 100 year flood plain. Starwood Ranch Co mon Ar e7e Soon 7 P D J .54 acr Warning and Disclaimer Applicant acknowledges that he/she has been informed by Pitkin County of the existence of "Environmental Hazards" that might affect the property and any improvements, and the use and occupancy thereof. The provisions of these regulations do not in any woy assure or imply that the areas outside of designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property. Applicant: Owner Community Development Director Approval: This Activity Envelope Plan has been reviewed and approved by the community Development Director this ---- day of --------, 2007, subject to the terms and conditions of the Administrative Decision No. ------- recorded in the Pitkin County Clerk and Recorder's Office as Reception No. ----------. Community Development Director Acceptance for Recording This Activity Envelope Plan has been accepted for filing in the office of the Clerk and Recorder of Pitkin County, Colorado on this ----- day of ------- , 2007 in Plot Book ----- at Page ----- as Reception No. Clerk and Recorder O c't Sep tic D7 V f 1:'7l acres rrigaW Areo _ Activit elope� Non —lrri" 4\ Seper oundary betw en lrriga nc Non—Ir gated area .- Man M de Berm N9� N, 418.32' a M