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Home My WebLink Aboutpitkin.planning.246523101007 (2006).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, Affidavit, Application Letter, Referral(s) Letter Site Plan Miscellaneous ~J~~~~~ Page: 1 of 6 04/03/2007 11:45f JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE TUITE 1041 HAZARD REVIEW Determination No.~j-2007 RECITALS Bill Tuite ("Applicant") has applied to the Community Development Director (hereafter "Director") for 1041 Hazard Review approval to establish a building envelope with vested rights. 2. The parcel is part of the Nystrom Tracts and is located along West Sopris Creek Road and is more specifically described in Exhibit A. 3. The property is zoned RS-30 PUD and contains approximately 5.74 acres. 4. The Hearing Officer heard this application at a public hearing on February 20, 2007, at which time evidence and testimony were presented with respect to this application. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is being considered pursuant to the 1994 Land Use Code, as amended. 6. The Hearing Officer finds that the proposal is in compliance with the applicable Standards of the Pitkin County Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that approval is 'hereby granted to the Tuite 1041 Hazard Review subject to the following conditions, which shall run with the land and be binding on all successors in interest: The Applicant shall adhere to all conditions and material representations made in the application and public meetings except as amended herein. 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 in accordance with Land Use Code Section 5-70-040, which shall depict the envelopes. The building envelope shall be pulled back 10' from West Sopris Creek Road. The above referenced approvals shall be a condition precedent to finalization and recordation. Prior to issuance of any building permits for the new residence, the Applicant shall: A. Complete afireplace/woodstove registration form with the Community Development Department, if necessary. B. Submit a drainage and erosion control plan for review and approval by the County Engineer. C. Submit an access permit. If the access is to be constructed below the existing old ranch road, the old ranch road will be revegetated. 53fi 16fi Page: 2 of 6 04/03/2007 11:456 Hearing Officer Determination N 2007 JANICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 Page 2 _______. D. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. E. Pay the applicable road and housing impact fees. 4. The Applicant shall comply with the following to mitigate impacts on wildlife: A. Dogs shall be leashed or kenneled. Construction dogs are prohibited. B. Fencing outside of the building envelope is prohibited. Fencing within the building envelope shall comply with the wildlife fencing standards in the Land Use Code. C. Install and use an approved bear-proof trash container as required by the County. D. Maintain native vegetation outside of the building envelope. E. Avoid fruit-bearing trees and shrubs in any landscaping. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards as can be accomplished within the boundaries of the property: A. From the edge of any structure, or deck projection, for a distance of 15', vegetation shall be less than 6" in height, with the exception of if the Applicant desires to maintain or plant one or more ornamental trees, in which case vegetation shall be less than 6" for 15' beyond the drip line of the expected mature size of the trees. B. Beyond the 15' area, and up to 45' from the edge of any structures down the slope, and 35' cross slope and up slope maintain grasses to less than 6", and thin and cluster brush and trees. Lower limbs of trees and bushes shall be pruned to'/Z the height of the trees, or 10', whichever is less. Clusters of trees and bushes or shrubs shall be separated from each other, and from those beyond. the perimeter by a distance of 2 '/z times the height of the mature vegetation. The diameter of clusters at their crown shall not exceed 2 '/2 times the height of the mature vegetation. C. All thinned snowberry, serviceberry or chokecherry stumps must be painted with Garlon, (or equivalent) herbicide to prevent aggressive re-sprouting. D. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. E. All deadfall within the 60-foot perimeter shall be removed. F. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. The Applicants shall comply with the following additional wildfire mitigation standards: A. Roofs shall be constructed with a Class A roof covering on a Class A assembly as defined in the International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1. All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. Hearing Officer Determination No.(~-2007 Page 3 iuiiiiiiiiiiiiii iiiWUiiiiiro~iwiiiri 5$Li'I ~~ Page: 3 of 6 04/03!2007 11:45E R 0.00 D 0.00 3. All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5. All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. B. Projections: 1. Projections at the roofline (which includes, but are not limited to: eaves, cornices, soffits and roofs over open decks) shall be sheathed with materials approved for one-hour fire-resistive construction; 2. For projections below the roofline (including, but not limited to: exterior balconies, decks, porches, and bay windows which extend over a flat or sloped surface), the open space between grade and the underside of projections below the roofline shall be enclosed by solid, vertical walls. These walls shall be constructed with materials approved for one-hour fire-resistive construction on the exterior side of the wall, and shall extend from the top of grade to the underside of the floor decking or walls of the projection, AND: 3. Any porch or deck or projection shall be void of vegetation below it, and areas below such projections shall be protected from accumulation of vegetation materials by placement of a vegetation barrier covered with rocks or gravel, or by coverage with concrete or stone. Walls underneath projections shall be constructed with materials approved for I hour fireresistive construction on the exterior side of the wall. C. Any windows shall be tempered glass. Doors on this side (if any) shall be non- combustible, or 13/4" solid wood. D. Exterior Walls and Siding shall have a minimum one-hour fire resistive. E. Foundations, skirting and crawl space openings shall be fully enclosed and constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. F. Stilt foundations shall be fully enclosed and constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls (not including porches, patios, etc.). G. Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. H. Firewood/wood piles shall be stacked bn a parallel contour a minimum of 15 feet away from the structure. I. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above- ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. Hearing Officer Determination Nol~-2007 Page 4 rJ~l~ ~ ~~ Page: 4 of 6 04/03/2007 11:45f JRNICE K VOS CRUOILL PITKIN COUNTY CO R 0.00 D 0.00 N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. P. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. Q. Swimming pools shall be accessible to Fire Department vehicles. R, 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. S. New utility lines shall be buried. T. Roofs and gutters shall be kept clear of debris. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building [and/or] access envelope except for wildfire mitigation. Construction, staging, parking, utility and driveway extension and maintenance shall occur within approved building envelope, or access envelope. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until issuance of Certificate of Occupancy. No vegetation shall be damaged or removed outside the building envelope. During submission of a building permit for new development, the Applicant shall submit a final engineering report from an engineer or geologist licensed in the State of Colorado. The report shall demonstrate the mitigation required for the residence and any potential debris flow and/or rock fall that might occur from the north and west. The Applicant shall construct the required mitigation concurrent with any development located within the envelopes. Prior to Certificate of Occupancy, the County shall inspect and approve the berm/wall for compliance with the recommendations. 10. Any areas disturbed outside the building envelope must be revegetated with native vegetation according to a revegetation plan submitted by the Applicant and approved by the County prior to issuance of a Certificate of Occupancy. 11. The vegetation along West Sopris Creek Road shall remain for screening purposes. 12. At time of building permit submittal a landscape plan shall be submitted and approved by Community Development prior to issuance of a building permit. 13. The Applicant shall comply with the requirements of the Basalt Rural Fire Protection District. 14. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the.exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on February 20, 2010. Hearing Officer Determination No `~-2007 Page 5 ~~ia ~ ~~ Page: 5 of 6 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 04/03D20 0011 :45F NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 14`" day of January, 2007. APPROVED ON THE 20TH DAY OF FEBRUARY 2007. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the As en Times Weekly on the U day of~~;, 2007. ATTEST: HEARING OFFICER OF PITKIN COUNTY, COLORADO __~nn ~ C ~. ~~ >~~r. Bonnie Waechtler, ~ Administrative Assistant APPROVED AS TO FORM: `' ~-, ~ -- Jo y, ou rney ~m True, Hearing Officer Date: '3~~~/ y / ~ APPROVED AS TO CONTENT: Cindy Houben, Community Development Director Case #P 182-06 246523101007 ~~~7 ~ ~~ Page: 6 of 6 04/03/2007 11:45f JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 Legal Description A parcel of land lying wholly within Tract 72, Section 23, Township 8 South, Range 87 West of the 6th P.M., and more particularly described as follows: Beginning at AP-4 of said Tract 72 and running East 645.92 feet to the true point of beginning; thence East 333.26 feet; thence South 25°02'53" East 719.06 feet to the center line of a 30-foot county road; thence South 51°56'50" West 144.84 feet along said center line; thence South 47°43' 10" West 168.35 feet along said center line; thence North 25°02'53" West 942.64 feet to the true point of beginning, containing 5.74 acres, more or less. MEMORANDUM TO: Pitkin County Hearing Officer FROM: Ezra Louthis, Planner RE: Tuite 1041 Hazard Review, Conceptual Submission and Ridgeline Review DATE: February 20, 2007 REQUEST: The Applicant requests 1041 Hazard Review and Conceptual Submission approval to establish a building envelope and access envelope for asingle-family residence and associated accessory uses. The parcel is currently undeveloped, with the exception of an old road cut. OWNER/APPLICANT: Bill Tuite LOCATION: West Sopris Creek Road (Nystrom Tracts) LOT SIZE/ZONING: 5.74 acres/RS-30 PUD REFERRAL COMMENTS: Staff referred this application to the Division of.Wildlife, the Emma Caucus and Basalt Fire. The comments are attached. 1041 HAZARD REVIEW: Geologic: The proposed envelope is located in the only area on the property that has slopes of less than 30 percent. The Applicant has submitted a geologic report for the property that described the envelope as the best location for development, but that there exists minor debris flow activity and rock fall that potentially impacts the proposed building envelope. The report, done by Roger Pihl of Yeh and Associates, recommends a couple of mitigation options, but Staff is going to recommend a requirement for asite- specific engineering plan at time of building permit. Wildfire: The property is rated as severe hazard, and the Applicant will comply with the provisions of the Code specific to the severe rating. The Applicant will also comply with the recommendations ofthe-Basalt Rural Fire Protection District. Wildlife: The proposed envelope is located within mapped Elk and Mule Deer Winter Range. The CDOW regards the proposed envelope location as the best suited for the property, and made a number of minor recommendations that will be reflected in the draft determination. RECOMMENDATION: Staff recommends that the Hearing Officer approve the Tuite 1041 Hazard Review pursuant to the conditions of the attached Determination. ATTACHMENTS 1. Draft Determination 2. Division of Wildlife 3. Emma Caucus 4. Basalt Fire ooo~oi r STATE OF COLORADO Bill Ritter, Jr., Governor GO~Rd ,O DEPARTMENT OF NATURAL RESOURCES -"ilk DIVISION OF WILDLIFE d ,,- ~ AN EQUAL OPPORTUNITY EMPLOYER Bruce McCloskey, Director 'f',r ,y'4y 6060 Broadway ~N OF Denver, Colorado E0216 Telephone: (303) 297-1192 For Wildlife- wildlife.state. co. us For People January 30, 2007 Ezra Louthis Community Development Department 130 South Galena Street P.spen, CO ° 1611 RE: Tuite 1041 and Conceptual Submission Dear Ezra: The Tuite property located along West Sopris Creek road in the Nystrom tracts lies within mapped elk and mule deer winter range. Critical winter range and concentration areas for both deer and elk lie near the top of the hill above the property, and a ._._. __ migration corridor-lies jusYto the wesYof"the~properEy. ~~lackvbear often irrhabi#-the-area-and f~ra~l'ian/bea"r~conflicfs have increased in the past few years. The building envelope is located in an excellent area near West Sopris Creek road, and previous excavation has already created ground disturbance. In an effort to minimize impacts to wildlife the following recommendations should be implemented: 1. Native vegetation outside of the building envelope should be maintained and native vegetation within the building envelope should be maintained to the maximum extent possibte. 2. Fencing should be held to an absolute minimum and any fencing used should adhere to Pitkin County wildlife friendly fencing codes. 3. Bear/human conflicts have the potential to be a reoccurring problem in this area and it is paramount that certain measures be taken to minimize these conflicts: • Homeowners have and use an approved bear-proof container for storing all trash/garbage. • Pets should be fed indoors, and pet food or food containers should not be left outside; • BBQs should also be securely housed in the garage or cleaned with a bleach solution when not in use due to the fact that leftover food and grease are an overwhelming bear attractant; • Round door knobs on the outside of doors rather than lever-type can limit bear access into houses. 4. Areas of soil that are disturbed during the construction process should be reseeded with native type vegetation. A noxious weed management plan should also be implemented. 5. Dogs should not be allowed to roam and homeowners should also be advised that dogs chasing wildlife is illegal and can lead to legal action. Construction workers should not be allowed to bring dogs to the job site. Thank you for the opportunity to comment. If you have any questions, please feel free to contact DWM John Groves at (970) 947-2933. Si ly, ~~~ erry~I Are~'Wildlife Manager Cc: DOW - R.Velarde, J.Groves, file DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director WILDLIFE COMMISSION, Jeffrey Crawford, Chair • Tom Burke, Vice Chair • Claire O'Neal, Secretary 0l~~ r~ Members, Robert Bray • Brad Coors • Rick Enstrom • Richard Ray • James McAnally • Ken Torres {, . !W4 !. Ex Officio Members, Hams Sherman and John Stulp y EMMA CAUCUS P.O. Box 1405 Basalt, CO 81621 (970) 927-3462 newmanna,sonris.net MEMORANDUM T'O: Ezra Louthis, Community Development Department FROM: Emma Caucus RE: Tuite Conceptual Submission and 1041 Hazard Review A parcel in Tract 72, 23-8-87, West Sopris Creek Road (PID 2465-231-O1-007 and Case P182-06) Date: January 25, 2007 The Caucus received information on the above application mailed by the County on July 26, 2006, with a deadline of February 2, 2007. The information was reviewed at an Executive Committee meeting on October 10, 2006. Liz Newman also discussed the application by telephone with Ezra Louthis. Comments: The application requests designation of a Building Envelope and an Access & Utility Envelope for the property and appears relatively straightforward. A site inspection was conducted by Exec Committee Members Liz Newman, David Kelly and Lee Schwaller. The Site Plan indicates a Building Envelope that begins approximately 40 feet from the edge of West Sopris Creek Road. In addition, the Access & Utility Envelope appears to be 30 feet wide at the entrance to the property. Consensus: Caucus approval of this Site Plan is contingent on the following: The minimum setbacks for the site shall conform to County zoning regulations applicable to West Sopris Creek Road. The final width of the driveway at West Sopris Creek Road shall not exceed that required for emergency vehicle access. Existing vegetation along West Sopris Creek Road should be maintained and supplemented with additional landscaping to reduce the visual impact of the home and road cut. oa~-~o3 `~ ,l ~~ ~~~ -,~_.. 6._~.~' Basalt & Rural Fire Protection District "Protecting Our Community Since 1.970" 2-01-07 Ezra Louthis, Staff Planner Pitkin County Community Development 130 S, Galena St. Aspen, Colorado 81611 Re: Tuite Conceptual Submission and 1041 PID 2465-231-O1-007; & Case P182-06 Dear Ezra, After reviewing the application, conducting a site observation and consulting with fire district and building department staff I offer the following comments. I understand the applicant is pursuing a 1041 to build a residence within the Nystrom Tracts. This particular parcel is steep having slopes of 15 to 30 percent. There is an excavated portion indicated on the slope study that is approximately 250 feet off of West.Sopris Creek Road. West Sopris is a year round maintained road with the width and surface needs to provide effective access for emergency vehicles. The site is within two miles of both the fire stations located in El Jebel and the Town of Basalt. The application did not have a wildfire assessment as part of the packet. In consulting with Jerry Peetz of our department who is qualified to formally rate properties on wildfire potential has deemed this to be at least within the High Moderate to Severe Hazard category due to the steep slopes,.southern aspects and pinion/juniper type of vegetation. This is consistent with the opening paragraph of the Pitkin County Land Use Code Section 7-20-60. I recommend that one of the conditions of approval would be for the applicant to have an assessment made by one of the Counties listed Wildfire Experts. According to the Land Use Code they have the authority to recommend mitigation approaches that can be a combination of structural design, construction techniques and the defensible space techniques identified in Section 7-20-60, Wildfire Hazards. This can help the applicant in deciding their best approach in choosing suitable locations and construction techniques within the envelope that is beneficial to them before applying for a building permit. Access will need to comply with the Pitkin County Asset Management Plan. Driveways longer than 150 feet are subject to providing an approved turnaround meeting the radius of fire apparatus and the minimum radius stipulated in the Asset Plan. The County Engineer and the Fire District 1089 JW Drive, Carbondale, Co 81623 Phone:(970) 704-0675 • Fax: (970) 704-0625 www.basaltfire.org 000004 evaluate access plans at time of building permit application. Dependent on the eventual location of the home the site lends itself to access that can be more easily accessible for emergency vehicles than other locations within the same envelope. An automatic fire suppression system may be applicable for this project based on the evaluation of the plans during building permit review subject to the International Fire Code as adopted by the Fire District and the Pitkin County Land Use Code Section 7-20-60 (3) d stipulating in house sprinkler requirements for • All structures greater than 5000 square feet in size • Smaller structures may be sprinklered due to hazard considerations -The wildfire assessment can be an evaluation tool toward this. • Smaller structures may be sprinklered due to emergency access difficulties. - If the driveway falls within the stipulated criteria of the Asset management plan having the minimum width, required radius and all weather surface then sprinklers would not apply. The applicant is more than welcome to consult with the fire district in determining the best approach options toward their future home. If I can be of further assistance please feel free to contact me. Sincerely, Sent Via E-Mail Bill Harding, Fire Marshal Cc: Scott Thompson, Fire Chief Jerry Peetz, Assist. Chief Operations Catherine Berg, Pitkin County Engineer Glen Horn, Davis Horn Inc. ,',. QA~O~~~ '' Davis Horjr~~~ PLANNING & REAL ESTATE CONSULTING July 3, 2006 Ezra Louthis Aspen Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Tuite 1041 Environmental Hazard Review (PID # 2465-231-01-007) Dear Ezra: Davis Horn Incorporated represents Bill Tuite (hereinafter the "applicant") who owns a parcel in Nystrom Tracts on West Sopris Creek Road. The applicant is seeking approval through the 1041 Environmental Hazard Review process to establish a building envelope, an access and utility envelope and landscape envelopes for the property. This letter describes the subject site and proposed development as well as demonstrating compliance with the relevant Pitkin County Land Use Code standards. SITE DESCRIPTION This section describes the subject site. Location The subject site is located approximately one mile west of the intersection of East and West Sopris Creek Road in the Nystrom Tracts. Attachment 1 is a vicinity map which depicts the location of the site within Pitkin County and Attachment 2 shows the East and West Sopris Creek neighborhood. The property is surrounded by private land including other parcels in the Nystrom Tracts, properties across West Sopris Creek Road along the West Sopris Creek and the lower section of the ranch property formerly owned by the Fender Family. Size and Zoning The subject site contains approximately 5.74 acres and is zoned RS-30 PUD. Access The site is approximately two miles from the intersection of Highway 82 and the Emma Road in Emma and one mile up West Sopris Creek Road from the intersection of East and West Sopris Creek Roads. Access is directly off West Sopris Creek Road. There is an existing driveway off West Sopris Creek Road on to the property which will continue to be used and is designated as the Access and Utility Envelope on the Site Plan. ALICE DAMS AICP S GLENN HORN AICP (~(~ 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970 925-6587 • FAX: 970 925-5180 'R/+1.1'V41/~• ~ adavis(«~rof.net ghorn(a%rof.net . Existing Conditions ~& '?f"~~i:;, ~ . ` ~: ; Attachment 3, the proposed 104 i 5~te Plan for the property, depicts the subject site, an undeveloped parcel. 'T'opography is given for the proposed development envelopes. The site is gently sloping near the West Sopris Creek Road right of way, which traverses the bottom of the property. Slopes rise gently above this access area, typically at grades from 15 to 30%. The proposed building envelope consists of slopes predominately under 30%. The upper part of the property above the proposed building envelope is steeper and has been avoided. Please refer to Geologist Roger Pihl's Geologic Hazard Evaluation of the site in Attachment 4. His report addresses the site's slopes and other potential geological hazards. His report discusses the geology of the site. Vegetation The site is vegetated with dry, native grasses including sagebrush, serviceberry and oak brush. PROPOSED DEVELOPMENT The applicant proposes to locate a single family home in the proposed Building Envelope designated on the proposed 1041 Site Plan in Attachment 3. The Building Envelope is located near West Sopris Creek Road on the southeast area of the parcel, at the toe of the hillside ascending to the northwest. The Building Envelope consists of lands typically less than 30% in grade. The proposed Access and Utility Envelope approaches the building envelope from West Sopris Creek Road on the southeast side of the property. An existing driveway falls within this Access Envelope and will be used for access to the Building Envelope. As mentioned in Roger Pihl's Geologic Evaluation of the site in Attachment 4, there are cuts and fills along the sides of the existing driveway which may exceed 30% in grade, but these should be considered local slope anomalies which are not likely to affect the proposed development. The proposed home and accessory residential uses will be well suited to this 5.74 acre property in the West Sopris Creek Neighborhood. LAND USE REVIEWS This section of the application demonstrates compliance with the Land Use Code standards identified in the Pitkin County Pre-Application Summary Sheet which are listed below. Section 3-80-050 (C) (1)(c): Potentially Unstable Slopes; Section 3-80-070 Wildfire Hazard Area -mapped low and severe Hazard; Section 3-80-080(C) Wildlife Habitat Areas -Critical Habitat, migration route; Section 3-80-050 C. Geologic Hazard Area: Slopes in Excess of 30 Percent Attachment 3, the Tuite 1041 Hazard Review Site Plan, shows the most suitable area for development is the least steep area near West Sopris Creek Road on the southeast area of the property. Please refer to the geologic report by Roger Pihl of Yeh & Associates in Attachment 4. Pihl indicates that typical slopes near the proposed building site are less than 30%. Though -2- ~ooo V ~ .~, a tisere a~°c a few local slope anomalies adjacent to the existing access drive, these. should not affect the proposed development. The applicant agrees to comply with the development standards in Section 3-80-050 C.1 of the Code addressing slopes between 15 and 30% in grade. According to Pihl, the building envelope is impacted by periodic small debris flows and slope wash events from the sandstone ridges above the property to the northwest. Although the bedding in the bedrock outcropping above the envelop appears generally stable, the outcropping produces occaisional small rock fall events which generally stop in the vegetation above the envelope. Any structures proposed in the envelope can be protected by reinforced earth berms, engineered ditches, sacrifical concrete walls or reinforced foundation walls which extend above grade or selective site grading. Specific mitigation should be developed concurrently with overall overall project design prior to building, permit submissission. Section 3-80-070 Wildfire Areas The subject site is mapped as having a Low Wildfire Hazard toward the bottom of the site where the Building Envelope is located and as Severe Wildfire Hazard Area toward the top where the slopes are steeper, less vegetated with dry landscape. West Sopris Creek is across the road from the subject site and will serve as a fire break. The applicant agrees to mitigate wildfire hazard as required by the Code and will adhere to the typical and necessary conditions of approval to do so. Section 3-80-080 Wildlife Hazard Areas- Critical Habitat and Migration Route The south facing slopes of Crown Mountain, the top of the hill above the proposed building envelope, is critical wildlife habitat and migration route. The applicant agrees to the typical conditions of approval given in the Land Use Code related to being~located near such hazard areas. SUMMARY This application requests land use approvals for the 5.74 acre Tuite property in Nystrom Subdivision, a metes and bounds parcel located on West Sopris Creek Road. This letter and the attachments have addressed the Land Use Code standards identified in the pre-application meeting including the wildlife, wildfire and geologic hazards on or near the property. The proposed building envelope, access and utility envelope and landscape envelopes shown on the Tuite 1041 Hazard Review Site Plan are the most appropriate for development given the hazards and conditions of the site. The following attachments are included: 1. Vicinity Map; 2. Vicinity Map of West Sopris Creek Neighborhood; 3. Geologic Evaluation of the Subject Site by Geologist Roger Pihl of Yeh & Associates addressing geologic hazards on the subject site; 4. Fee Agreement; 5. Letter from the property owner, Bill Tuite authorizing Davis Horn Incorporated to submit this application and to represent him in the land use review process; -3- ^~~~~ .~ ~ '"". 6. I'roo I~ o l~ Ownersh i p; 7. Pitkin County Pre-Application Summary Sheet; and List of Adjacent Property Owners; and 9. Deed from Vince Higgins of Pitkin County Title showing when the lot was originally created in April 18, 1969. Please contact me if you have any questions, comments or concerns. Thank you. Sincerely, AVIS HORN INCORPORATED G NN HORN AICP Tuite -4- fl~1~004 .v r t~" . ( I I I ...~„s~ ~~ j I I r JJ /1 r G~~D y( I 04 I 1( ,.. ~~'~,,, kk \ I ~. ` ' \ ~ CtN•%~ ~~,: ^•;%.B,.K:3'S~ t n r:S R',~,a t It l ~ ,, ti , J, i 0, ~J~ ~ •a l 4 "~ r, ~< 3 $ev ~ e l e 4 ~ z 1 d l OE ~ I 1.. ~- ,, > . ;,was ;; T( _ ~'f'., x~~ 'r I .• ~. . _ _ ~~ , ,- -, ~' life ~ua~- - . HR '. t~ BASAL•T •"~ «~~ y U Y-~ ..F •~ILIOL lE J3 1l ~ oyt ~,~_. v cj l ~ -- ~~ " -~=.i:_~_..t~ v- /'yJl yP/~n~ to 11. tz T R ~ ,y 8 ~J ~gRed .. T'"-~ ~3aaalt ~ ..,9ur0 30I t1 •~• iz`Hill ,.... ~ w ' .:iY,-`-,ABM G58f- - ~ r .~-i~ --- I- ---- .moot -- - -- - -- -1-~ ' is,~,~~,1 or _ ~ ' I' ~' ~ . ~\, .,. ~'' ~,~ t. t3 ATTACHMENT .2 t3 r ~ -- ~ \ - ~ Gu,c ~'" - ~ e-1--- .. . ~~ i Saco c ~~ ~ ~~ - ' • `vyin~cl o z a ~ I e , '~~k ~. ~ ~ 6.'75 r I ' Wronmy~r I z3 z4 ~ ~ ClY1 rf~. j Nlap G/ 2a p _ ~` ~ ~ ~~ - z-- i~ ~ ,\ ~ ~ :. 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'.'•..` 7,:.. •.• Sao. ~:;...-.,:.:~. 111e Cem ~ ~novmassi ~• FAST MAROON .,.~ I _ Pk:;':.;•. _ a ~ ~ITRAlLHEAO I :C1-J~:•:• R 64t k i I l c I 13J7~ t1°i f ~•, I t tz I w 5 ~iq ~i' a - ~~~ a O~~I J ~raii Rider o ~~~ ~\(t/'/illow ~ ~" I I 1/ •'1;:.{ ~l . ~ t Wr/lriu, _ _ _ _ 1 /r Pnss ~ ^ I" \ c ~ ~ Passl Luhv I ~ _ ~~:~:• I ~ f `~:~:r~ I !J .. I OW 'SA010/7e/Ll. (\ - - -~E- :T- - ~+ - - gUCk S?~irl ~]_ --- _._. ,_j,. 'r ~M HOON ~~•.. - --I - - - - _ -- A _ - - - ~J' :. Ceneun ., a 7 ) / i ~ y~ I ~' ~ i Lakt {(''r, ~ ~-'~,~n Z~ Yom. I'.,ss~ ! (.:.~rly~eeF'r-r i~ •:. M~ ~ ~ \9 t ~ • 3ovd g ~ m ~ - ~a ~m w CD W P. h ~ n Y W W W O ~ a o' . 3o•d ~ g r~` X t '+~~ of ~~ ~, 8~ ~W ~ bp, 1n i ~ a W ~ Ilf N n n g ~~ ~ O ` N N N ~ Q OI ~~rtf ~r . ~• 'D T m _ A - y) M f A • !v o- a O O ~. N ir1 • ~~ ~ t~ O ~~ ~tlf \f O ,~ n A ~O~Y1 O O ~. W / A ~ DO m O ~ I~ 6~ N nom ~ _ ~ a p NON A O ~ A` ry ~ N ~9 O ~~//~~ C A A N h~ ~ \t.. ~ N N IO ~=~~s ~., oo WQO ~ i N N N W V ~~~JJ\ ~` J O V N ~ `' /' ~ N ~ M Y Mf W W W t '~ ~ N ~ U ~ ~-. ~ N t- ~ 3 a ~ ` ~ ~ J ' W C? ~ ~ L W 4 a ~ "' ~s~_1 ~.` ~ ~ I Oatlt)tl6 0 J W O 0 Y W O u N W ~-' g \ w ~ ~ m Of N M .Y ~'1~ ~~ ~ W O -' H ~ ~ ~ v~ ~ Yeh and Assc~c:~.;~s~~.es, tnc. Gcotcchnical Engineering Consultants 5700 G Gvans Avcnuc Dcnvcr, CO 80222 Tcl.: (303) 781-9590 Fax: (303)781-9583 June 29, 2006 Mr. Glenn Horn Davis Horn, Inc. 215 S. Monarch, Suite 104 Aspen, Colorado 81611 0170 Mcl Ray Road Glenwood Springs, CO 81 GO1 Tcl: (970) 384-1500 Fax: (970)384-1501 Project 26-150 Subject: Geological Hazard Evaluation, Tuite Parcel, West Sopris Creek Road, Pitkin County, Colorado. Dear Mr. Horn, This letter presents the results of Yeh and Associates, Inc. geological hazards evaluation for the subject property. This evaluation is intended to provide an assessment of the geological hazards for a residential property fora 1041 review by Pitkin. County. This evaluation consisted of field reconnaissance and review of existing literature based on Section 3-80-050 Geologic Hazard Areas, Sections B-J of the Pitkin County Land Use Code. This evaluation does not include assessment of avalanche hazard. INVESTIGATION AND RESULTS Our investigation consisted of a site visit and review of two map sets, the "Geologic Map of the Basalt Quadrangle, Eagle, Garfield and Pitkin Counties, Colorado" by Streufert, Widmann and Kirkham, 1998 and "Environmental and Geological Constraints Map, Roaring Fork and Crystal Valleys, An Environmental and Engineering Geology Study" by F. M. Fox and Associates, Inc. The proposed new building envelope is located near West Sopris Creek Road on the southeast area of the parcel, at the toe of the hillside ascending to the northwest. The access envelope approaches the proposed building site from the road on the southeast side. The proposed envelopes are shown on the attached site plan. We visited the site on June 16, 2006. The site is located on West Sopris Creek Road approximately 3 miles southwest of Emma, Colorado. The property is on the northwest slope of the valley floor formed by West Sopris Creek. The typical slopes near the proposed building site are less than 30%. A primitive access road has been cut into the site and small cuts and fills exist on the uphill and downhill sides. The slope of the cuts and fills may be steeper than 30% but should be considered local slope anomalies which are not likely to affect the proposed development. The bedrock in the lower slopes and surrounding the site includes the Lower Cretaceous aged Dakota and Burro Canyon Formations as well as the uppper Jurassic aged Morrison Formation and the Entrada Sandstone. These formations consist of light grey, tan, whites and greenish grey, medium to course grained sandstone and intermittent layers of sandy shale, siltstone and mudstones. Surficial deposits near the building and access envelopes are formed by periodic, small debris flow and slope wash events from the sandstone ridges above and to the northwest of the parcel. Visual inspection at the time of our site visit does not indicate near surface groundwater. The bedding in the bedrock outcropping above the proposed building envelope dips gently to the northwest and appears generally stable. The outcrop is moderately fractured and produces occasional small rock fall events which generally stop in the vegetation above the proposed building envelope. onoon~ a _. ""„ 9 "T'uite ~'arcel, Geological Hazards Evaluation 26-150 CONCLUSIONS The proposed building and access envelopes do not appear to be affected by the following geological hazards: landslide, unstable slopes, talus slope, Mancos Shale, expansive soil and rock, or ground subsidence. Several faults have been mapped in the area, however none are considered to be active. Structural design should incorporate seismic coefficients typically applied in this area. The existence of fill, hydrocompaction or other problematic soil conditions should be considered during the geotechnical investigation for the site. The access envelope is unlikely to be affected by geological hazards. The building envelope is subject to a low level hazard from rock falls and very small, localized debris flow events. The recurrence interval of these events is likely to be less than the service life of the proposed structures. The structures in the proposed building envelope can be protected from the debris flow and rock fall hazards. Design of mitigation for the site will require knowledge of the proposed structures and site grading. It is likely that the proposed structure may be protected from the hazards by reinforced earth berms, engineered ditches and selective site grading within the proposed building envelope. Sacrificial concrete walls or reinforced foundation walls which extend above grade are another option. The choice of protection systems will involve factors such as site layout, cost, aesthetics and the degree of risk tolerance of the owner and should be developed concurrently with the overall project design. LIMITATIONS This report has been prepared in accordance with generally accepted geological practices in this area for use by the client for preliminary planning purposes. The preliminary conclusions and recommendations submitted in this report are based upon data obtained from the observations made in the field and a literature review. The findings and recommendations given in this report are site-specific, and are valid for the aforementioned subject property only. Sincerely, Yeh and Associates, Inc. ~~ i,~- 1 ~~n~., Roger A. Pihl P.G., (WY #PG-3353) Principal Scientist Attachment: site plan 2 ~~~~{!~ 04/27/2006 0fl ~,-; ~37Q~S~5:,~..',~i DAVIS HORN 6'AC,E 02/04 ATTACHMENT PITKXN ~ JNT~ COMNCUPifTY DE~EII'..OP1VfE~1'F DEI~.~~~~'1V[ENT AGR.EEIi~N'°I° ~ P'AYMENT E3F I.AN~ C3SE APf'>G~C,~,~Xl~i FEES PITKIN COUNT"`! (hereirraf#er "COUNTY") and ~ ~..~ ~ ~ L.1 t ?"~., {hereinafter "APPLICANT`) ACi3EE AS FC)LLUWS: ~. APPLICANT has submitted #o COUr+17Y an applicatlon.for ~ ~"'~ ~ '~i1v' 1->1~.~.r~ ~-+~v ~ ~ ~ ~~.~~ ~3t (hereinefter, the "PRQ.IEC7"). o ~ Oa'I 2. APPLICANT understands and agrees that Pitkirr County Qrdinance No. t71$-004 establishes a fee structure for land use appiicatians and the payment of al! processing fees is a condi#ivn precedent to a determination of applfca#ion completeness. The feG structure is based on the COUNTY`S policy that development shah pays in full, #ie cost flf development review its the COUNTY. Fees have been set #o be consistent and fair to the public and to reflect the expense incurred in providing sucfi~ services to the public. 3. APPLICANT and COUNTY spree that because of the size, nature or scope of the proposed PROJECT, it may npt be passible at the time of application to ascertain the fuA extent of the costs involved in processing t}~ie application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate ifi an application includes more than one type of land use review. 5. GQUNTY and APPLICANT further agree that it is impraatificable for COU1dTY staff to complete processing ar present auffic{ent ir-ftsrma#ion to the Planning Commission andlor 8vard pf County Commissioners td enable the l~fanning Commision alndfor Beard of County commissioners IQ maE<e legally required findings far project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration vf" the GOU1rlTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shalt pay a base fee in the amount of $ ~ e~~o which is based o~n iL hours ot` staff time, and if actual time spent by staff to process the application exceeds the average dumber flf hours by more than 20°/a, then the G0~31VTY will bill It~e APPLICANT quarterly for the additional time spent. Such periodic paymersts steal( be made within 30 days ofi the billing date. APPLICANT further agrees that failure to pay suc3, accrued cysts shall be grounds far suspensiart of processing. l~lrl~l~ coulvTY Cind~t Hauben eommuni#y t7evelt~pme~nt iaire+~tor ~~F/'Y' ~~LV/'l{Y / t By. Print Nattt+~ and Ti#Ie (if appiicabfe) Date: ~ j 1 [~ 1 d ~ Mailing Address: P ~ ts-r t~fi-~,~c,~° 13~ ~ k. 4~r-t oon~~q 04/27/2006_ 08:03 9709?~90 DAVIS HOP.N _Y ~f ~a.~+. ~HMENT ~ .~ ~~ ~ux~ pmt v~~e ~~ ~tas~ I£apaa, ~[ 9G7~~S 970-319~7a54 ,. .. Jwae'16, 2446 • ~ ' lyzra Lout~is Pitkin co,~ty Comznuzzity Development Delra~z'nent 134 Sautk~ Uater~a Street ,A~sp~rn, Coloracia $1611 Re: Laaad ~Jse ,A,pplxcatiozz ,Antho~atiam to Submit and Represent Pfa~~ ~:;~l0~i Deair 1/xra: This letter authorizes. Davis I~ox;a zucQrpoxated to submit a rand use aixplicatiozt for zny Xax~d located in '4Vcst Sapris C~eeS~ (Qarcel ILl # 2465-231-01-4U7). Davis Horn Tncozpos~ated will also represent me ~ the land use revitew pmcess. Please eDntact me at 970-319-744 if you need to speak with me. '1*hank you. Sincerely, ~. dill Tune ooaala I'arccl Uctai! .~II~ http://ww~ p~r~l`;~~sy~~s~,~-a.~~.~~/sessor/parcel.asp?Pai ATTACHMENT ,,~Y, 5, Pitk County Assessor/'T'~ usurer Parcel Detail Information Assessor/Treasurer Property Search ~ Assessor Subset Query ~ Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics, ~ Tax Information Parcel Detail ~ Value Detail, ~ Sales Detail ~ Residential/Commercial Improvement Detail Land Detail ~ Photographs ___ _ ---- __ _ Tax Account M~11 Area Number Parcel Number e ___ _ ----._. _ ~y ._ . 016 R007266 246523101007 61.32 Legal Description ................ _. __ _. __ _ __ _ SECT,TWN,RNG:23-8-87 TRACT:72 DESC: _ __ PARCEL OF LAND WITHIN TRACT 72 SEC _ ___. 23-8-87 DESC BY M/B CONT 5.74 AC _ _ ... _ __ M/L BK 254 PG 20 BK 292 PG 447 BK 342 PG 105 1 o1~~Q~o11 7/3/2006 12:49 P :i'arcel Detail http://www.pitkinassessarr®r~a:~s~;ssc~~•!parcel.asp?Par Location Physical Address: W SOPRIS CREEK RD BASALT Subdivision: Land Acres: 5.74 ............ Land Sq Ft: 0 Section Township Range 23 8 87 Property Tax Valuation Information Basic Building Characteristics No Building Records Found Tax Information ooaola ~ of 4 7/3/2006 12:49 ~~~HMENT ~ -~ PITKIN COUNTY PRE-AF~F'LICATION CONFERENCE SUMMARY PLANNER: Ezra Louthis DATE: 5!15/06 EMAIL: ezral(c~co.gitkin.co.us LOCATION: Nystrom Tracts ZONE: RS-30 PUD PARCEL ID #: 246523101007 APPLICANT: Bill Tuite PHONE: 925-7180 212 Cottonwood Lane Aspen, CO 81611 REPRESENTATIVE: Same Type of Application: Conceptual Submission, 1041 Hazard Review Description of ProjectlDevelopment: The Applicant is seeking approval for a building envelope. Pitkin County Land Use Code: • Subsec. 3-80-050(C)(1)(c): Potentially Unstable Slopes (slopes in excess of 30%); • Subsec. 3-80-070: Wildfire Hazard Areas (mapped low and severe); • Subsec. 3-80-080(C): Wildlife Habitat Areas - (Critical Habitat, migration route); Review By: Hearing Officer Public Hearing? Yes, at Hearing Officer. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners at least 30 prior to the hearing with the return address of the Community Development Department (copy of the 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. Staff Will Refer Application To: Basalt Fire District, Emma Caucus, CDOW. Fee: 2 290 (make check payable to "Pitkin County Treasurer"), which includes: • $2,240 Planning Flat Fee (non-refundable; based on 10 hours of staff time; if staff review time exceeds 12 hours, the applicant will be charged for additional time above 10 hours at a rate of $224 per hour); • Public Notice Fee: $50. To apply, submit the Fee specified above and 5 copies of the following documents, unless otherwise noted: 1. Letter of request describing the proposal and addressing the provisions of the Pitkin County Land Use Code listed above; 2. Consent from an authorized rr~.p, r;:; ,~ ~ t .~ 'she owner of the property for applicant to process the application (if applicable) (F c.~;py); 3. 24" x 36" draft 1041 Hazard Review site plan prepared in accordance with Subsec. 5- 70-040; 4. Report of how and when parcel was created (1 copy); 5. Proof of Access; 6. Street address and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject property within Pitkin County; 7. Proof of ownership of the owner of the property specified above complying with the requirements of Subsec. 5-90-010(D) (1 copy); 8. Previous Land Use Approvals (if applicable); 9. This Pre-Application Conference Summary Sheet; 8. Executed copy of Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (attached) (1 copy). NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (lF POSSIBLE). 24"X 36"SITE PLANS MUST BE FOLDED. PARCEL 1D MUST APPEAR ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. - This Pre-Application Conference Summary Sheet is advisory in nature and not binding on the County. The information provided in fhis Summary Sheef is based on currenf zoning standards and the staff's inferprefations based upon representations of the applicant. Addifional information maybe required upon a complefe review of the application. - The Pifkin County Land Use Code is available on-line at www.asAenoitkin.com. o000~.4 2 a ~~ y ~ II •• VZ ~? m cn ~. ~ 0 ~ 'b ~"" ... , Q • d ~ ~ ... -~. ~ ~ C. ~ r6 ' ~ O ~' a N a W ~ O T t D D D D ~ ~ ~ D D I - I ~ O m C n o r ~ m ~ n m O Z C ~ ~ ~ ~ m ~ f m n ; ~ , m ~ v n m r i ~ i ATTACHMENT=, w ;, ~ ,., .~ .~ R7P Out ~Cl' y p., r., ,"~ 'x of ~l ~v~ / I '~OR ~ ~ l ~~'_ °-.i N j'~ 4 4 ` I ~;;~~.O~r'N MOUNTAIN RANCH LLC AUERI39;~': ,~. ~rLFN 13Z ~~~I MA[N ST #A PO Br .'; ~~~' " A~'?EN, CO 81611 ASPEfv', C,/4y g?.:. e 12 8007041 8007095 EVENDEN DAVID J & MINA HOWARD JEFFREY & LINDA 910 W SOPRIS CREEK RD 55 SOLONO PRADO BASALT, CO 81621 CORAL GABLES, FL 33156 8007104 8013038 KELLY DAVID B & TANJ~". "~ 909 W SOPRIS CREEK R~" BASALT, CO 8 1 62 1-9 1 07 8007050 oaou~b Tune Subject: Tu~te From: '°Pitkin County Title" <vince@sopris.net> Date: Tue, 6 Jun 2006 16:42:21 -0600 To: "Glen Horn" <ghorn@rof.net> Here is the Deed on Bill's & the Statute. Vincent J. Higens, President Pitkin County Title, Inc. 601 E. Hopkins Ave. 3rd Floor Aspen, Co. 81611 970-925-1766-Main Phone 970-925-6527-Fax 877-217-3158-Toll Free vince@sopris.net ATTACHMENT '-I _oa~~i7 1 of 1 7/5/2006 8:SFi An Fe'-- .,.. ~. ................@~ ~~~ :'AGt ....., ltvcorder. ,1469, day of July , .. Aeceptiom Conntq of !, in trust to secure to the d Junction t o~ said trust have heart )tedaesa secured by said f~ anon of the sum of Three ' as the Pub1Ic ZSritstee in e and quit-claim unto the ~ assigns of acid owner or i~ said real Estate, sa such rribed sa follows, to wit: is ~` .um, •274. ~;,~~.~nAFNT .~~ ~..... ., 'z^rza' tuC i .ms 19 .. 1ti.:~.i.1S ..A4i0tk.......P..111..........wa+iCh••4Y...147.1.. .............. 6 x» r ,, 144597 Peggy E. Kiklich ~~aox~ .......................... ....................._...........................................».........Raeo 20 .... ~IIS I1te~D, i'diu+,;~ ;sit. IIKOIder'a $tA:.'x*y; ~ . Itith da70f April 19 6 9 , bat,s~ea ' N3+°STROM ENTERPRISES, INC. a corporattoa dulp orYeaised and a:iattag under and b7 virtse of the Taws ~I of the Sfats of Colorado of the tint part, and ~ ~~ ~ ' TERRY SWANTON MAR 1;}]i of the County of Pitkin and State of ~~f I. o! the seeoad part: 1YITNESSSt'S, That the uid pargr of the ti»t pact, for and in coaaidatstinn of th• c,tm of TEN DOLLARS AND OTHER VALUABLE CON5IDERATION - te the said '-----------..,~, party of the first part ta hand paid bf the acid party of the second park the eee•f~t whereof 4 busby coateased and acimowladaed, bath granted, bartaiaad, sold and gatvared, sad b1 tMas prpanb cloth ttraak hasgsia, sell, eonry sad eoatimt unto the uid pony of the aeermd part, his heirs, sad anigaa lorover, aR of tht followiatt dauribed lot o. paerel et lead. aituaq, (rias and beiatt in the Conah e! P1tiC7.n and State of Colorado, to wit: A parcel of land lying wholly within Tract 72, Section 23, T. 8 S• , R. 87 W, , tith P.M„ ant; more particularly described as follows: Beginning at AP-4 of said Tract 72 and running East 645.92 feet to the true point of beginning; thence East 333.26 feet; thence S, 25°02'53" E. 719.06 feet to the center line of a 30-foot county road] thence S. 51°56'50" W 144.84 feet along said center Iine; thence S, 47°43'10" W. 168.35 feet along said center line; thence N. 25°02'53" W. 942.64 feet to the true point of beginning, contain- ing 5.74 acres, more or less. Except County Road right of way. TOGETti£R with W sad singular the hetsditaeaeata sad aDDnrteaaaree tbrnuntn befaat(ini;. or frt anywise aypertataias, sad the reveraioa or nreAiona. remainders, rents, issues and profits thenwt; sad a.l the estau, nght, lotto, interest, claim and demand whaboerer oL the said party of the firot part, either in Eaw ar equity, ot. to and to the aToove 6araained psemiaea with tM haeditameats sad aPPUrtenaaeew ?O B;AVB AND TO SOLD the acid promiaa about har;ntiaed sad described, with the appurtenaacea onto the said party of the aaeoad part, his belts sad aasiras torowr. Aad the said and State pf'CJ}ocado. ~: le privileged) and ~ptu- to by thlFse prtiseats~ tb , ~) l i ~ • ~i •~ «: ~~-.::..:;:(SEAL) I': -~ ~Cs+e4 .r ,• 1"r . C• :~ i~_ ~. rledged before tae thi$ I ,../< . 19 ~ / , by, ~; '--~f. a ~ ~ , ~.'O~Oradtl. ~ I t: lo_ ~. :. 4 i 9 ~ al seal. ~.->_ ~c Motor 1Lhi4. • ' ntioaad Deed of Trust aced Loan Associatlo oawn,a a ..u 1]wi .t 21v.~ I I surer w st+e,t n.... , c~teew-Fla 4R~ X18 PnrtY of the first part, :nr itself, and its aw'cessors, d;~t.i: rnvrnant. lt'ant, bay:ain, unri atrn to and with the said party n! thr serord'psrk his heirs and assieas, that at the Line M the nnaealinR ant deik•.ry of thy.+r prr.enU it is wet! seised of the promises stove roaveyed, as of a drr.nd, snru, perfect, ab:vdute and :ndetraFii+tr r;u,u of inheritan •.. fa law, in fee simnie, and bath good riitht. lull pnwer and lawful authority to RranL, harpain, sell and ennve;• the sams in manner rnd tornt aforeaairt, and ttist thr samr arm frer and clear from ail f..rmer ~ nd r.ther manta. harCains, sales, liens, tasos, aaussmente un.i incnmUrrmeee r,lf ai+atever kind or naN+re snecer; _ oral property taxes, any and all easements and rightscoftioay6ofgan public or private nature, L', S. patent reservations and exceptions, prior oil, gas and other mineral reservations of record and Re~tric- tive Covenants attached hereto as Exhibit "A"; sad the above bartriined prom lees in the quiet and poaceabla possession of the said part ~r o{ the acrond pa:Z, his hairs and aasiitns, adrairuL all sad every person or yoraoaa lawfully elaimia~t or w claim the +chnle or ear part thereof, the anld party of the first part shalt and will WARRANT ANI) FURE~'ER DEFF.I~D. tN WITNESS WBEREOF•, The said party at tae firot part bath rnuaed i4 corporate name to br.berountn sula:crilxd by iL Pmidenk and its corporate ua! to be hereunto affuad, attested by its i~ "' ~ '• ~errotary, the day and ~ per f:zat above written. ~ r ., • N ., Atteah , ~} ~ .• ~''i~~' ~~ ~~ JJ ,r:v .r •^ ~ •'• ....V+ ................ ....... ...... S'. ..... NX.ST .l;;N RP.RI.SE n. +1i~"b~ , r,•rr.M ...... . ~p ..... :iTATE UF' rULURAt)U, i ~•'~"~ ~~~:: ~: •`^au.uuu+..,/r ....County of ..................................._.., i u. ,• ~~~ ~~ it'iJ+e+ ;+o ~at(oinR l Dtrumcnt was ulmowlodtred betoro mo thb • 1'-~• day of l67f.•we` r. i4t"89y,jfy. ':CHA».LES id. NY5TROM '~ President and u `'Gr t; :• r :..~_ '• DORIS POOL as Secretary of .~~ ~' • ': .'L~.~2~YSTROM ENTERPRISES, INC. - a corporaliaa. • t~„ i; , ' MY notarial commission e:piras .:~ - ~ X- / 9 %~' % '. } ~ Fi ~''~'~ ~ ' iVitnear~mJt hand yan~d,~o.-fficia~ aeaLS.' " ' r/ ........ ........... trorn r~-u~' Na NH. wrtaaarttrr eon -arsdtwl r.wwiar ce»tpFSS StaK Seru4 a...., wo.ssu •x~ . ~~ -ATTACF~9~°~~`~`~ ~ Boac254 P~cr z1 a~ tilt """'...,, EXHIBIT "A" RESTRICTIVE COVENANTS _~,;,,~.~~ 1. That no tract shall be re-subdivided into, nor shall eotisher•b~ any dwelling be erected cr placed on an area of less than 1-1/2 ~„t ~~„~ acres and no tract shall be re-subdivided unless each of the ~fYns tor..er, subdivided tracts shall contain at least one and one-half acres. 2. That said tract or re-subdivided tract of land shall be used fur residential purposes only and no building shall be T. 8 erected, altered, placed upon or permitted to remain thereon follows: other than one detached single family dwelling and appropriate outbuildings. feet .ence . county line; thence contain- Y OI aAY7i.N l f1f• pLst•, •quiq, oi, ie u•s ur+W the art. l~~r it•ell, ••(•nntl Part. qtr tt ~s wolf ~Renun •r, is re} the •srn• ,u, hxresina, X69 gen- • of a ~ptiens, ReGtric- arcand p'.rt, im tAe .vhat• ;n. bit .her•ugW t ~ •? ~~ ~~ ~: ~ . . u i s a, .'~•~J•~ i•~~~C` •. .~ ~ ~~• ... 3. That no noxious or offensive activities shall be carried on upon said property, nor shall anything be done thereon which may be or become an annoyance oz nuisance in the neighborhood. 4. That no structure of a temporazy character, basement, tent, shack, garage, barn, trailer house or other outbuildings of any description shall be used on the property at any time as a residence either temporarily or permanently, except that a . trailer house may be used upon the premises as a residence during she act:;al period of constructior. of a dwelling house thereon or a period of not to exceed twelve months; that all residences shall be properly connected to safe and adequate water and sewage facilities; that no building shall be placed on said land by a:.y means other than new construction. 5. That said prey„ises shal? not be used or maintained ::s n durzping ground .or rubbis!: or trash, nor shall any wrec3ced :- inoperable autonabiles be stored or placed thereon, and said ,...:.:;es shall he maintained in a clean and sanitary condition. b. That ro a:~~-als, livestock or poultry of cry kinc shall b~ raised, bred o: kept. on said property, except dogs, cats, horses and other household pets may be kept thereon provi .d that they are not kept, bred or maintained for any coa~ercial pL~oses, and provided further that they are securely fenced within the owner's property. ?. Enforcement shall be bjr proceedings at law or in equity against any person or persons v;.olating or attempting to violate any covenant either to restrain violation oz to recover damages, or both. 'resident and Secretary of coryorataoe. Not.r, Pu1l1,. --- oooo~s Y~ ,,,., .. ~,,~ i West aw ATTACF~~!I~~~ ~ Page 1 C.R.S.A. § 30-28-139 West's Colorado Revised Statutes Annotated Currentness Title 30. Government--County County Planning and Building Codes "131 Article 28. County Planning and Building Codes (Refs &Annosl R~ Part 1. County Planning (Refs &Annosl ~-§ 30-28-139. Merger of lots--notice--hearing-assessment of merged parcels (1) Notwithstanding any other provision of law, where a county ordinance, regulation, or resolution provides for the merger of two or more parcels of land for the purpose of eliminating interior lot lines, obsolete subdivisions, or otherwise, the ordinance, regulation, or resolution shall provide that: (a) Prior to the completion of the merger, the county shall send notice of the county's intent to complete the merger to each owner of the affected parcels by certified mail. The notice shall also specify that each such owner may request a hearing on the proposed merger pursuant to paragraph (b) of this subsection (1), and shall specify action to be taken by such owner to request such hearing, including, without limitation, the requirement that said owner shall request the hearing within one hundred twenty days of the date the notice required by this paragraph (a) is received by said owner. (b)(I) Prior to the completion of the merger, where each owner of an affected parcel has timely requested a hearing on the proposed merger satisfying the requirements of paragraph (a) of this subsection (1), a public hearing on said merger shall be held before the board of county commissioners of said county. The hearing shall be conducted for the purpose of allowing the board to discuss with the owner of each affected parcel its reasons for proceeding with the merger and to give each owner the opportunity to submit any basis provided under law for challenging the merger. In such case, notice of the time, place, and manner of the hearing shall be provided to each owner of the affected parcels and also published in a newspaper of general circulation in the county in a manner sufficient to notify the public of the time, place, and nature of said hearing. (II) Where the owner of each affected parcel fails to timely request a hearing on the proposed merger satisfying the requirements ofparagraph (a) ofthis subsection (1), no such hearing is required, and the affected parcels shall be merged in accordance with the requirements of this subsection (1 }. (c) In order to give the owner of the parcels the opportunity to take whatever remedial action is allowed under law, the hearing authorized by paragraph (b) of this subsection (1) shall take place no sooner than ninety days following the date of the notice required by paragraph (a) of this subsection (1). (2) No merger ofparcels that is the subject of a hearing pursuant to subsection (1) of this section shall be effective unless: (a) The owner of the parcels has given his, her, or its consent to the merger of said parcels; and (b) The merger has been approved by a majority of the board of county commissioners. (3) Upon completion of any merger ofparcels in accordance with the requirements of this section, the county shall: (a}For purposes of the levying and collection of the tax on real and personal property, assess the merged parcels as one © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 1 oaoo2~o .yam $~'TACHMENT ~ _ Page 2 ~,.R.S.A. § 30-28-139 parcel of real property; and (b) File of record a notice of merger in the office of the clerk and recorder of deeds for the county in which the merged parcels of real property are located, and such notice shall constitute prima facie evidence that all of the requirements of subsection (1) of this section have been satisfied. (4) Notwithstanding any other provision of this section, the requirements of subsections (1) and (2) of this section shall not apply to any merger of parcels of land that is requested in writing by each owner of an affected parcel. (5) Nothing in this section shall be construed to abrogate or otherwise diminish or expand any rights a landowner may have under article 68 of title 24, C.R.S., pertaining to vested property rights. CREDIT(S) Added by Laws 2003. Ch. 132. & 1. eff. Oct. 1.2003. HISTORICAL AND STATUTORY NOTES 2005 Electronic Pocket Part Update Section 2(2) of Laws 2003, Ch. 132 (§ 1 of which added this section) provides: "(a) Provisions of this act addressing the requirements of notice and hearing shall only apply to mergers that take effect on or after the effective date of this act. "(b) Provisions of this act addressing the assessment of merged parcels as one parcel of real property for purposes of the levying and collection of the tax on real and personal property shall apply to mergers that take effect prior to, on, and after the effective date of this act, but shall not be construed to require a reassessment of property for property tax years commencing prior to January 1, 2003." C. R. S. A. § 30-28-139, CO ST § 30-28-139 Current through Ch. 8 of the 2006 Second Regular Session of the 65th General Assembly © 2005 Thomson/West END OF DOCUMENT © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. -.,, 00002'1 ~*, ~- ~. Large Plat Maps) Available for viewing at Community Development ~. Miscellaneous Documents r"''~ PUBLIC NOTICE RE: Tuite 1041 Hazard Review and Conceptual Submission (CASE P182-06) NOTICE. IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 20, 2007 to begin at 3:00 P.M., or as soon thereafter as the conduct of business allows, at the First Floor Meeting Room of the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Hearing Officer, to consider an application submitted by Bill Tuite (212 Cottonwood Lane, Aspen, CO 81611) to establish a building envelope within which to construct a new residence. The property is located at and is legally described as Tract 72, Section 23, Township 8 South, Range 87 West of the 6t" P.M. The State Parcel Identification Number for the property is 2465-231-01-007. The application is available for public inspection in the Community Development Department, City Hall, 130 S: Galena St., Aspen, CO 81611. For further information, contact Ezra Louthis at (970) 920-.5092. s/James True Pitkin County Hearing Officer Published in The Aspen Times Weeklv on January 14, 2007. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail-this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of'the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice (Code Section 2-20-100) by Posting & .Mailing (previously sent to you with your applicant letter) as proof of compliance with. the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen,. CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (1~ prior to the hearing 5. Remove the Public Notice sign within. one week after hearing date G c~6m. -~ ~ ~ ly ~~ ~'"`"'> PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on February 20, 2007, the Hearing Officer of Pitkin County granted approval for the Tuite Conceptual Submission and 1041 Hazard Review (Determination No. 03-2007; Case No. P 182-06). The property is located at and is legally described as Tract 72, Section 23, Township 8 South, Range 87 West of the 6th P.M. The State Parcel Identification Number for the property is 2465-231-01-007. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. s/James True Hearing Officer Pitkin County, Colorado Published in the Aspen Times Weeklv, on March 4, 2007. PITKIN COUN`~ ~ COMMUNITY DEVELOPMENT Iy,.PARTMENT 130 South Galena Street ' Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 July 25, 2006 Mr. Glenn Horn 215 South Monarch Street Suite 104 Aspen, CO 81611 Re: Tuite Conceptual Submission and 1041 Hazard Review (PID 2465-231-01-007; Case P182-06) Dear Mr. Horn: 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 maybe requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public hearing by the Pitkin County Hearing Officer on Tuesday, February 20, 2007, at a meeting to begin at 3:00 p.m. in the Pilkin County Courthouse Conference 'Room, 506 East Main Street, Aspen, Colorado. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please be aware that the Hearing Officer will be billed at $175 per hour. Please note that it is your responsibility to post a public notice sign on the property at least 15 days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Ezra Louthis, the planner assigned to your case, at 920-5092. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit (Code Section 4-90) PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Basalt Fire District Emma Caucus Colorado Division of Wildlife FROM: Ezra Louthis, Community Development Department RE: Tuite Conceptual Submission and 1041 Hazard Review, (PID 2465-231-01-007; & Case P182-06) DATE: July 25, 2006 Attached for your review and comments are materials for an application submitted by Bill Tuite. The Pitkin County Hearing Officer will review the application on Tuesday, February 20, 2007. Please return your comments to me by Friday, February 2, 2007. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. ~~ -,,. - ,4~ y~ ~~~=;, ;, ~~~ ~, ~~- . Basalt & Rural Fire Protection District "Protecting Our Community Since 1970" 2-0 l -07 Ezra Louthis, Staff Planner Pitkin County Community Development 130 S. Galena St. Aspen, Colorado 81611 Re: Tuite Conceptual Submission and 1041 PID 2465-231-01-007; & Case P182-06 Dear Ezra, After reviewing the application, conducting a site observation and consulting with fire district and building department staff I offer the following comments. I understand the applicant is pursuing a 1041 to build a residence within the Nystrom Tracts. This particular parcel is steep having slopes of 15 to 30 percent. There is an excavated portion indicated on the slope study that is approximately 250 feet off of West.Sopris Creek Road. West Sopris is a year round maintained road with the width and surface needs to provide effective access for emergency vehicles. The site is within two miles of both the fire stations located in El Jebel and the Town of Basalt. The application did not have a wildfire assessment as part of the packet. In consulting with Jerry Peetz of our department who is qualified to formally rate properties on wildfire potential has deemed this to be at least within the High Moderate to Severe Hazard category due to the steep slopes,. southern aspects and pinion/juniper type of vegetation. This is consistent with the opening paragraph of the Pitkin County Land Use Code Section 7-20-60. I recommend that one of the conditions of approval would be for the applicant to have an assessment made by one of the Counties listed Wildfire Experts. According to the Land Use Code they have the authority to recommend mitigation approaches that can be a combination of structural design, construction techniques and the defensible space techniques identified in Section 7-20-60, Wildfire Hazards. This can help the applicant in deciding their best approach in choosing suitable locations and construction techniques within the envelope that is beneficial to them before applying for a building permit. Access will need to comply with the Pitkin County Asset Management Plan. Driveways longer than 150 feet are subject to providing an approved turnaround meeting the radius of fire apparatus and the minimum radius stipulated in the Asset Plan. The County Engineer and the Fire District 1084 JW Drive, Carbondale, Co 81623 Phone:(970} 704-0675 • Fax: (970) 704-0625 www.basattfire.org aoaoo4 evaluate access plans at time of building permit application. Dependent on the eventual location of the home the site lends itself to access that can be more easily accessible for emergency vehicles than other locations within the same envelope. An automatic fire suppression system may be applicable for this project based on the evaluation of the plans during building permit review subject to the International Fire Code as adopted by the Fire District and the Pitkin County Land Use Code Section 7-20-60 (3) d stipulating in house sprinkler requirements for • All structures greater than 5000 square feet in size • Smaller structures may be sprinklered due to hazard considerations -The wildfire assessment can be an evaluation tool toward this. :• Smaller structures may be sprinklered due to emergency access difficulties. - If the driveway falls within the stipulated criteria of the Asset management plan having the minimum width, required radius and all weather surface then sprinklers would not apply. The applicant is more than welcome to consult with the fire district in determining the best approach options toward their future home. If I can be of further assistance please feel free to contact me. Sincerely, Sent Via E-Mail Bill Harding, Fire Marshal Cc: Scott Thompson, Fire Chief Jerry Peetz, Assist. Chief Operations Catherine Berg, Pitkin County Engineer Glen Horn, Davis Horn Inc. M, ~~,. ~,~:. aQa~a-v~~ EMMA CAUCUS P.O. Box 1405 Basalt, CO 81621 (970} 927-3462 newmannasobris.net MEMORANDUM TO: Ezra Louthis, Community Development Department FROM: Emma Caucus RE: Tuite Conceptual Submission and 1041 Hazard Review A parcel in Tract 72, 23-8-87, West Sopris Creek Road (PID 2465-231-01-007 and Case P182-06) Date: January 25, 2007 The Caucus received information on the above application mailed by the County on July 26, 2006, with a deadline of February 2, 2007. The information was reviewed at an Executive Committee meeting on October 10, 2006. Liz Newman also discussed the application by telephone with Ezra Louthis. Comments: The application requests designation of a Building Envelope and an Access & Utility Envelope for the property and appears relatively straightforward. A site inspection was conducted by Exec Committee Members Liz Newman, David Kelly and Lee Schwaller. The Site Plan indicates a Building Envelope that begins approximately 40 feet from the edge of West Sopris Creek Road. In addition, the Access & Utility Envelope appears to be 30 feet wide at the entrance to the property. Consensus: Caucus approval of this Site Plan is contingent on the following: The minimum setbacks for the site shall conform to County Zoning regulations applicable to West Sopris Creek Road The final width of the driveway at West Sopris Creek Road shall not exceed that required for emergency vehicle access. Existing vegetation along West Sopris Creek Road should be maintained and supplemented with additional landscaping to reduce the visual impact of the home and road cut. oo~c~~3 ,. STATE OF COLORADO Bill Ritter, Jr., Governor GO~~D DEPARTMENT OF NATURAL RESOURCES DIVISION OF VI/ILDLIFE tr ,,~ ~ AN EQUAL OPPORTUNITY EMPLOYER ~ y Bruce McCloskey, Director ~r~ -`~ y'q 6060 Broadway 1Y OF ~ " Denver, Colorado 80216 Telephone: (303) 297-1192 For Wildlife- wildlife.state.co.us For People January 30, 2007 Ezra Louthis Community Development Department 130 South Galena Street P,sper., CO 81611 RE: Tuite 1041 and Conceptual Submission Dear Ezra: The Tuite property located along West Sopris Creek road in the Nystrom tracts lies within mapped elk and mule deer winter range. Critical winter range and concentration areas for both deer and elk lie near the top of the hill above the property, and a migration corridor lies jusrto the west"of~the"property. black bear ofiten-irrh~bit fihe area-antthu7t'ianlbea"r-conflicts have increased in the past few years. The building envelope is located in an excellent area near West Sopris Creek road, and previous excavation has already created ground disturbance. In an effort to minimize impacts to wildlife the following recommendations should be implemented: 1. Native vegetation outside of the building envelope should be maintained and native vegetation within the building envelope should be maintained to the maximum extent possible. 2. Fencing should be held to an absolute minimum and any fencing used should adhere to Pitkin County wildlife friendly fencing codes. 3. Bear/human conflicts have the potential to be a reoccurring problem in this area and it is paramount that certain measures be taken to minimize these conflicts: • Homeowners have and use an approved bear-proof container for storing all trash/garbage. • Pets should be fed indoors, and pet food or food containers should not be left outside; • BBQs should also be securely housed in the garage or cleaned with a bleach solution when not in use due to the fact that leftover food and grease are an overwhelming bear attractant; • Round door knobs on the outside of doors rather than lever-type can limit bear access into houses. 4. Areas of soil that are disturbed during the construction process should be reseeded with native type vegetation. A noxious weed management plan should also be implemented. 5. Dogs should not be allowed to roam and homeowners should also be advised that dogs chasing wildlife is illegal and can lead to legal action. Construction workers should not be allowed to bring dogs to the job site. Thank you for the opportunity to comment. If you have any questions, please feel free to contact DWM John Groves at (970) 947-2933. Si ly, G~~_ erry I Area"Wildlife Manager Cc: DOW - R.Velarde, J.Groves, file DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director WILDLIFE COMMISSION, Jeffrey Crawford, Chair • Tom Burke, Vice Chair • Claire O'Neal, Secretary ,,~ /~{~ Members, Robert Bray • Brad Coors • Rick Enstrom • Richard Ray • James McAnally • Ken Torres ~~+w 0!~#~ Z Ex Officio Members, Hanis Sherman and John Stulp ,. , . - __ _ County ~~f Pitkin _ __ _----- f AI+FIDAVI'T OR NQTICE & Se~ttc c-f Culc-rado } ss. MAILING PURSUANT TO PITKIN COUNTY LAND USE i- COUh, SECTION 2-20-IO0 Applicant to the Pitkin County Development Permit, personally certify that~i havercomplictd with the public notice requirements pursuant to Section 2-2U-] UO 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 least 30 days prior to the public hearing to all owners of property adjacent tothe subject propertyl as indicated on the attached list, on the ~6 day o~~-r+ , 200 T(which is~7 3=~ays prior to the public hearing date of ~.~~9~jt 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 ublic hearing. p 2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject ~' property, as indicated on the attached list, on the day of , 200 which i to the public hearing date of ____ - ( s -days prior ). 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 conspicuous place on the sub public way) on the ~~ay of ~.~,b , 200' public hearing. A photograph of the posted sign is ~~ ~ ~ ~~~ -~. Applicant's name (Attach photograph here) G:\countyladm in\formslaffidav i t ect property (as it could be seen from the nearest 'which sat least fifte n (15) days prior to the tta ed e to. Signature ~ ` Signed before me this V~ da of P` ~~ 200~y y WITNESS MY HAND AND OFFICIAL SEAL My commission expires: '1 ~ 1~~0~_ + , r ~>lic , 'g~ ~ ~~u~ili~ s Signature ~` `• ~'~ ATE Of PUBLIC NOTICE 2- I S ~ ~ ~ RE: Tuite 1041 Hazard Review and Conceptual Submission (CASE P182-06) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 20, 2007 to begin at 3:00 P.M., or as soon thereafter as the conduct of business allows, at the First Floor Meeting Room of the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Hearing Officer, to consider an application submitted by Bill Tuite (212 Cottonwood Lane, Aspen, CO 81611) to establish a building envelope within which to construct a new residence. The property is located at and is legally described as Tract 72, Section 23, Township 8 South, Range 87 West of the 6th P.M. The State Parcel Identification Number for the property is 2465-231-01-007. The application is available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Ezra Louthis at (970) 920-5092. s/James True Pitkin County Hearing Officer Published in The Aspen Times Weeklv on January 14, 2007. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice (Code Section 2-20-100) by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date .~ n 4 CRO'~~'`~ ~~";_ ~7 ~'',.,:N ?~.ANCH LLC 132 V6/ 1~~"~:~1~1T ?:, ASPEN, ,~~ 8 ; e~;11 R007041 EVENDEN DAVID J & MINA 910 W SOPRIS CREEK RD BASALT, CO 81621 R007104 AUERIIACHER GLEN PO BOX 8735 ASPEN, CO 8 i 612 R007095 HOWARD JEFFREY & LINDA 55 SOLONO PRADO CORAL GABLES, FL 33156 R013038 KELLY DAVID B & TANJA T 909 W SOPRIS CREEK RD BASALT, CO 81621-9107 R007050 --°"^a+~csfl.,ce„~u ~~ati ibi loHalU ~.ri if i ~ ~ ;~ f. ~"" s COMMUNITY DEVEI,,ppMENT DEPARTMENT ~~~ ,130 South Galena Street ~~ ~ Aspen, Colorado 81611 ~ ~ ~~ f .(970) 920-5526 ' ~, Pitkin County - { Land Use• 172. I Board. of Adjustment 159 County Land`Use Code 174 Flat Fee _ y:# ~ 162 Zoning and Sign '" ~ ' ~~ 169. Public Notice. t ' i,, , - { 160 p ~ : r' j Tanning Enforcement _ 175 Hearing Officer Referral Fees: 210 Airport [ LUCO1 Count ~ y Clerk 211 County Engineer 194 Environmental Health. 208 Historic M - ~ 198, Housing 190 Land Management i 209 Redstone HPC - j 206 Wildlife Officer Buildin F ,~ g ees: 170 Board of A ( ppeals 105 $uilding Permit ( 120 Electrical Permit - 195 ~' Energy Code Review - f 115 Mechanical Permit. - 150 Plan Check _ - I 110 Plumbing Permit --- 130 Renspection j 152 AVFD Fire Marshal ;~ r; ; 158 BFD metre Marshal Other F ees: 155 Use Tax ~ ~ ~ ~ ~ ~ 165- Copy _: - J PZ005 Master Plan Copy 185 Park Dedication IS /, ~ i GIS Requirements _ ~i~ ~ 161 Housing Impact Fee _ ` ~//~l B1202 Road Impact Fee B1203 School Impact Fee ~' ~~ TOTAL, k ~~ 1t {" f i ~ .. ~. NAME: '"~ r ~ _ ~ ,a E' ADDRESS/PROJECT: _._ _ PHONE: ! .,~ ~~~. ~-,} ~ s: a~~ ,.~ .~` .~ ~-~ ~°LK`~ 3 ~ _ S CHECK# v { ",~ CASE/PERM--~IT#:=-~ "~' ... ~, y,.a '~'~ --~ ~' INITIAL: _ -i ~~ ~ ': ~~~,