HomeMy WebLinkAboutpitkin.planning.272929201089 (2005)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
~ ..
RESOLUTION OF THE BO.
COLORADO GRANTING
CONCEPTUAL SUBMISS7~
SUBDIVISION EXEMPTION
AMENDMENT
Resolution No./~ 2005
RECITALS
1. Phillip and Carolyn Gaylord ("Applicant") have applied to the Board of County Commissioners of Pitkin
County, Colorado ("BOCC") for approval to merge three lots, to designate a bui Iding envelope for a
single family residence and to vacate the portion of Bear Creek Lane that is adjacent to Lots 41-43.
2. The property is located at the north end of Bear Creek Lane, and is more specifical ly descri bed as Lots
41, 42 and 43, Crystal River Park Subdivision.
3. The lots are zoned AFR- I 0 (most of Lot 41) and RS-30 (Lots 42 and 43). The lots are non-conforming
in size.
4. The Pitkin County Planning and Zoning Commission ("Commission")considered the proposed
application at a regularly scheduled meeting on September 6, 2005, and recommended approval by a vote
of 3-0.
5. The BOCC considered this application at a duly noticed public hearing on September 28, 2005, at which
tunes evidence and testimony were presented with respect to the application. The BOCC approved the
application on October 12, 2005.
6. The BOCC finds that the proposed building envelope is located on slopes of less than 30%, avoids
critical wildlife habitat and geologic hazard areas; and the wildfire hazard is rated as low and can be
mitigated.
7. The SOCC further finds the proposed amendment to the plat complies with the applicable provisions of
the Land Use Code ("Code'.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the
Gaylord 1041 Hazard Review, Conceptual Submission, and Minor PlazAmendment, subject to the following
conditions, which shaft run with the land and be binding on al( successors in interest.
1. The Applicant shall adhere to all material representations made in the application or in public meetings or
hearings and shall consider those representations to be conditionsbf approval, unless amended by other
conditions.
2. Prior to submission of any building permit applications, the Applicant shall sulnnit the amended plat/
1041 hazard review site plan to the Community Development Department for approval and recording.
The mylar copy of the plat must be signed by the owners prior to submittal for recording. The amended
plat shall show the road rightof--way to be vacated, the lots affected by the vacation (Lots 41, 42, 43, I
and 2}, the lot lines to be eliminated, and the approved building envelope on amended Lot 41/42143. The
plat shall include legal descriptions of adjusted Lot 41/42/43 and adjusted Lot I/2, which include the
vacated areas. The 5' utility easements along the north, west and south lot lines shall be eliminated.
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Resolution No./Y~-2005
Puge 2
With the building permit application, the Applicant shall submit a precise engineer or geologist
approved m itgation plan for review and approval by the Community Development Department and the
County Engineer.. The plan shall show the area ofdisturbed slope, a~Sy re-grading required and the exact
size and location of any mitigation devices to mitigate for potential rockfall hazard, if deemed necessary
by the engineer or geologist. The report shall include soils testing to determine iftatus materials are
present, and ifso, shall recomtnend mitigation.
4. Prior to issuance of any building permit applications, the Applicant shall:
A. Obtain an access/driveway permit for the driveway, which shall be approved by the County
Engineer and the Community Development Department. The driveway shall include a
turnaround to accommodate fire apparatus. If the turnaround cannot be accommodated on the lot,
the Applicant shall demonstrate to the Community Development Department that the turnaround
does not encroach on (041 hazard areas and that the owner of the [and where the turnaround is to
be located has granted permission.
B. Obtain fireplace/woodstove permits from the Communitybevelopment Department, if necessary.
C. Submit a drainage and erosion control plan for review and approval by the County Engineer.
D. Pay the applicable road and employee housing impact fees.
E. Obtain approval of a septic permit from the Environmental Health Department. The system shall be
located within the approved building envelope, and must comply with the setback requirements from
surface and groundwater sources. A qualified professional engineer must design the system.
5. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Grass, fortis and shrubs steal l be kept to less than 1 foot in height within 30' of all structures. Fortis
and grasses within ] 0" of all sttuctitres shall be maintained to a height of not more than 6".
B. All branches from trees and brush within 30' of all structures shall be pruned to a height of ] 0' above
the ground with removal of ladder fuels from around trees and brush.
C. All bra~tehes that extend over the roof eaves shall be trimmed and all branches within 15 feet of the
chimneys shall be removed.
D. All deadfall within 50 feet of all structures shall be removed.
E. Installed or native landscaping within 20' of all structures shall not contain any brushy species -only
grasses or fortis. Flammable mulches are not recommended. Aspen trees shall not be within 10' of
any structure.
F. The applicant shall be responsible for the continued maintenance of the defensible space vegetation
requirements.
6. The applicant shall comply with the following additional wildfire mitigation standazds:
A. Roofs shall be constructed with a Class A roof covering or a Class A assembly. Wood shake/shingle
roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted mtless they comply
with the following:
I) All roof coverings shall be noncombustible materials and installed on a Class A roofassetnbly.
2) All roof coverings steal l have a surface. that shall facilitate the natural process of clearing the roof.
3) Ail roof designs shall facilitate the natural process ofclearing roofdebris. Protrusions above the
rgbfline, 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.
S) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
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Resolution No.~~S -2005 f
Puge 3
B. Vents shall be screened with corrosive resistant wire mesh with mesh i/< inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash, and flammable debris.
E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any
structure.
F. Weeds and grtsses within the 10 foot perimeter shall be maintained to a height not more than 6
inches.
G. Firewood/wood piles shall be stacked on a pazallel contour a minimum of 15 feet away from the
.structure.
H. Swimming pools shall be accessible to Fite Deparhnent vehicles.
t. Fences shall be kept clear of brush and debris.
J. Wood fences shall not connect to the structure.
1C. 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
constmction on the exterior side of the wal Is.
N. Each structure shall have a minimum of oae 10 pound approved ABC fore extinguisher placed in a
visible and accessible location.
O. Addresses shall ire clearly marked with 2 inch non-combustible letters and shall be visible and
installed on anon-combustible post.
P. New utility lines shall be buried.
7. The Applicant shall comply with the following to mitigate impacts on wildlife:
A. Dogs shall be kenneled, kept inside a structure, or leashed at all times.
B. Install and use an approved bear-proof trash container.
C. Native vegetation shall be maintained outside of the building and development envelopes.
D. Fruit-bearing trees and shrubs should be avoided in any landscaping due to tite high level of black
bear activity in this area.
E. Fencing outside the building envelope shall comply with the following; Wood fencing shall
employ three rails or less, be the round or split rail type, shall not exceed 4$ inches in height
above ground level and 12 inches in width (top view), and shall have at least 18 inches between
two of the rails. Wire fencing shall consist of no more than 3 strands ofsmootls wire and shall
not exceed 42 inches in height.
8. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water
ennsumption and additional runoff within one growing season of the project's completion.
9. 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 a certificate of occupancy.
10. Lighting shall comply with the Pitkin County lighting standazds in effect at the time of installation.
I I. No development, including grading, excavation, fill placement, berming, landscaping, vegetation
removal or disturbance, or septic system shall occur outside of the approved building envelope.
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Resolution No.~~-2005
Page 4
Construction staging, parking, utility and driveway extension and maintenance shall occur within
approved building envelope or the access driveway.
12. The property shall be I invited to a maximum of 5,750 square feet of floor area exempt from growth
management.
13. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property.
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- I40 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
/0 /Y , 2008.
NOTICE OF PUBLIC BEARING PUBLISHED T1V THE ASPEN TIMES WEEKLY on the
28"'day of August, 2005.
APPROVED AND ADOPTED on the 12°i day of October, 2005.
PUBLISHED AFTER ADOPT~ON F0 VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the /3 day of 2005.
BOARD OF COUNTY COMMISSIONERS,
PITKIlV COUNTY, COLORADO
Patin Kay-Clapp ,Chair
Jones, Clerk toe BOCC
VED AS TO CONTE7VT:
Ci y i ouben 1u~--~`T~---
Community Development Director
P153-OS
PID #272929201089/272929201096
APPROVED AS TO FORM:
Jo o.
o ttorney
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AN ORDINANCEOF THE BOARD OF COIJNT'Y COMMISSIONERS
OF PTTKIN COTSNTY, COLORADO AUTHORIZING VACATION"O'F A' PORTION OF BEAR '
CREEK LANE IN THE CRYSTAL RTVERpdfiTC cr7reiin~rcYnN .
Ordinance No. r~-2005
Recitals
1. Phillip and Cazolyn Gaylord ("Applicant")Have inifiated the procedure under the Pitkin County
Land Use Code for vacation of the portionbf Bear Creek Lane adjacent to the southeastern boundary of
Lots 41-43 in the Crystal River Pazk Subdivision.
2. The portion of Bear Creek Lane to be vacated provides access to the Gaylord property, the "Palk
Area"(common subdivision parcel) and the Avery property (Lots 1 and 2, Filing 2): The owners of the
adjacent properties have consented to the application, and their legal access would not be affected by the
vacation. Suitable access to the Avery lof will remain via Chair Mountain Drive.
3. This road vacation application is governed by the standards set forth in Pitkin County Land Use
Code § 3-200-070.C.
4. The Pitkin County Planning and Zoning Commission reviewed the application on September 6,
2005 and recommended approval by a vote of 3-0.
5. The BOCC considered the application at a duly noticed public hearing.on September 28,2005,
and on second reading at a regular meeting on October 12, 2005:
6. TITe BOCC finds that the proposal complies with the applicable criteria set forth in the Pitkin
County Land Use Code.
NO'W THEREFORE, BE TT ORDASNED by the Board of CountyCommissioners of Pitkin
County, Colorado t11at:
1. TheBoard of County Commissioners does hereby vacate the portion of Bear Creek Lane adjacent to
the southeastern bounday of Lots 41-43 in the Crystal River Park Subdivision.
2. Within 120 days from the date of this approval, the Applicant shall prepare an amended plat in
accordance with Section 5-60-040 of the Land Use Code, aitd submit the plat to the Community
Development Department for approval and recordation. The amended plat shall show the portion of
the road right-of--way to be vacated and the adjacent lots affected by the vacation. Tlie ow~iers of the
affected lots shah sign the mylar copy of the amended plat prior to submittal for recording.
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Ordinance # L°`{~ -2005 `"-'~
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NOTICE OF PUBLIC HEARIlVG PUBLISHED IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON 18M DAY OF SEPTEMBER, 2005. '
INTRODUCED AND FIRST READ AT A PUBLIC REARING ON THE 28`h DAY OF
SEPTEMBER, 2005.
APPROVED UPON SECOND READING AND. PUBLIC HEARING ON THE 12"' DAY
OF OCTOBER, 2005.
PUBLISHED~FTER ADO, T~I,O/N IN THE WEEKEND EDITION OF TEiE ASPEN
TIMES ON THE DAY OF,~t Fr,.u!, 2005.
This Ordinance shall become effective thirty (30) days after publication following final
adoption by the Board.
BOARD OF COUNTY COMMISSIONERS
OF PJTKIN COUNTY, COLORADO
APPROVED AS TO FORM:
~-_-
Iohn EI
Co orney
P153-OS
P1D 272929201059/272929201096
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Patti Kay-Clapper
Chair
Date: I D - 1 8'~
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d ouben
Community Development Director
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MEMORANDUM
TO: Board of County Commissioners
Regular Meet~~ing~~-October 12, 2005
T;<3RU: Cindy Hou~l;''~~'i'mm~unity Development Director
FROM: Suzanne Wolff, Senior Planner*
RE: .Gaylord 1041 Hazard Review and„ Conceptual Submission, Crystal River Park Minor Plat
Amendment and Bear Creek Lane Drive Road Vacation
SUMMARY OF REQUEST: The Applicants are requesting to merge three lots (Lots 41, 42 and 43) and
to designate a building envelope for a single family residence. The Applicant also proposes to vacate the
portion of Bear Creek Lane that is adjacent to Lots 41-43, as the road ends at the property and does not
serve any other lots.
The BOCC approved the application on first reading on September 28, 2005.
APPLICANT: Phillip and Carolyn Gaylord
REPRESENTATIVE: Sherry Rubin
side of Highway
LOCATION: Crystal River Park Subdivision is located south of Redstone on the west 4
133. Lots 41-43 are located at the north end of Bear Creek Lane.
ZONING: The lots are zoned AFR-10 (most of Lot 41) and RS-30 (Lots 42 and 43). The lots are non-
conforming in size.
RECOMMENDATION: Staff and the Commission recommend that the BOCC adopt the following
motions:
^ To vacate a portion of Bear Creek Lane on second rea
p mission, and Minor Plat-Amendment.
^ To approve the 1041 Hazard Review, Conce foal Subbing; and
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Department f-r li years, and m a Planver/Senior Planverw~thm that dopnrtmene for 9thyeers:' Inher plenn~ng position, Mn Wolffhas ra~ewai numuons laud use xpPiroat onx pursnanuo the Pitkin
County Lnnd USC Codc.
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TO: Board of County Commissioners
Regular Meeting -September 28, 2005
CN
THRU: Cindy Hou en, ommunity Development Director
FROM: Suzamie Wolff, Senior Planner*
RE: Gaylord 1041 Hazard Review and Conceptual Submission, Crystal River Park Minor Plat
Amendment and Bear Creek Lane Drive. Road Vacation
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SUMMARY OF REQUEST: The Applicants are requesting to merge three lots (Lots 41, 42 and 43) and
to desigiate a building envelope for a single family residence. The Applicant also proposes to vacate the
portion of Bear Creek Lane that is adjacent to Lots 41-43, as the road ends at the property and does not
serve any other lots.
The Planning Commission recommended approval of the request on September 6, 2003, by a vote of 3-0.
The staff memo to the Planning Commission, which fully addresses the review. criteria, is attached for
reference. The minutes from the meeting are not yet available.
APPLICANT: Phillip and Carolyn Gaylord
REPRESENTATIVE;, Sherry Rubin
LOCATION: Crystal River Park Subdivision is located south of Redstone on the west side of Highway
133. Lots 4]-43 are located at the north end of Bear Creek Lane. ~ ~~ ~ ~ ~ ~~ ~~~ ~ ~ ~~ _ ~ ~ ~ ~~
ZONING: The lots are. zoned AFR l0 (most of Lot 41) and RS-30 (Lots 42 and 43). The lots are iron-
conforming in size.
ISSUES:
Fire Turnaround: The draft site plan shows a fire tnick turnaround located to the south of the proposed
building envelope and off of the lot. The Planning Commission recommended that if the turnaround is
constructed in that location, the Applicant should be required to provide written permission from the
property owner and to demonstrate that the turnaround does not encroach on or create addrt~onal 1041
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impacts. Staff has included the recommendation in condition #4A.
Utility Easements: The Platming Commission questioned'whether it is necessary to maintain tl?e 5' utility
easements that are shown on the north, west and south sides of the_lot. Staff would note that these
., .
easements were reserved when the subdivision was originally platted. Staff agrees that the easements are.
not necessary as utilities can/should be extended to each lot along the roadways and tihe easemebts encroach
onto slopes in excess of 30%.
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RECOMMENDATION; Staff and the Commission recommend that the BOCC adopt the following
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mOt1017S:
^ To vacate a portion of Bear Creek Lane on first reading and set for second reading on October 12,
2005; and
^ To contimie 1.041 Hazard Review, Conceptual Submission, and Minor Plat Amendment,to October
12, 2005, for final approval concurrenfw~th the road vacationordinance.
Attachments
A. Staff memo to Planning Commission dated September 6, 2005 and attachmerits_
Application vid site plan/plat provided separately
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MEMORANDUM
TO: Planning and Zoning CommissionC~ ~y
FROM: Suzanne Wolff, Senior Planner*
- _~ ..g~
RE: Gaylord 1.041 Hazard Review and Conceptual Submission, Crystal River ]?azk Minor Plat
Amendment and Bear Creek Lane Drive Road Vacation
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DATE: Ar , 2005
SUMMARY OF REQUEST: The Applicants are requesting to merge three lots (Lots 41, 42 and 43) and
to designate a building envelope for a single family residence. The Applicant also proposes to vacate the
portion of Bear Creek Lane that is adjacent to Lots 41-43, as the road ends afthe property and does not
serve any other lots.
APPLICANT: Phillip and Carolyn Gaylord
REPRESENTATIVE: Sherry Rubin
LOCATION: Crystal River Park Subdivision is located south of Redstone on the. west side of Highway
133. Lots 41-43 are located at the north end of Bear Creek Lane.
ZONING: The lots are zoned AFR-1.0 (most of Lot 41) and RS-30 (Lots 42 and 43). The lots are non-
conforming in size.
PROCEDURE/PROCESS: This is a two-step review requiring Planning and Zoning Commission review
and a public hearing before the Board of County Commissioner.
REFERRAL COMMENTS: Written comments were received from Carbondale Fire. The Crystal River
Caucus and Crystal River Pazk Homeowner's Association declined to comment (per attached July 20 letter
from Chuck Downey). The application was referred to t)~e Division of Wildlife, but comments were not
provided.
STAFF COMMENTS:
ROAD VACATION (SECTION 3-2~0-07~):
A road or easement maybe vacated at the request of a private landowner(s) or at the insistence of the
County subject to compliance with the following three standards of Section 3-200-070 of theT,and Use
Code.
I. Yacation shall be approved if it is demonstrated that upon vacation there shall remain suitable
access to public and private land presently accessed by the street or easement proposed, for vacation.
Response: The Applicants are requesting to vacate the portion of Bear Creek Lane that is located along the
southeastern. boundary of the lots. The only other properties adjacent to the portion of the road to be
vacated aze the "Park Area" (common subdivision parcel) and the Avery lot (Lots 1 and 2, Filing 2). It is
not necessary to maintain aFCess in tliis area to the Park Area: The Avery lot is accessed from Chair
Mountain'Drive at the bottom of the lot, and, therefore, retains suitable access.
2. In the event of vacation, right-of--way or easements may be reserved for the continued use of
existing sewer, gas, water or similar pipelines and appurtenance, for ditches, canals and appurtenances,
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and for electric, telephone, and similar lines and appurtenances. Equestrian, pedestrian, vehiczelar or other
trails may also be reserved by the Board of County Commissioners.
Response: Underground electric and telephone lines are located in Bear Creek Lane; it will not be
necessary to reserve easements in the vacated read, as no additional properties are served beyond Lots
41/42/43. There is a fire hydrant located at the end of Bear Creek Lane, as it exists today; access to the
hydrant would not be affected by the proposed vacation.
3. Any written instrument of vacation or a resubdivision plat approved by the Board of County
Commissioners purporting to vacate or relocate roadways or portions thereof which remains of record in
the counties where the roadway affected are situated for a period of seven (7) years .shall be prima facie
evidence of an effective vacation ofsuchformer roadways.
Response: Not Applicable
The Code requires a petition from abutting property owners whose means of legal ingress and egress thereto
would be affected by the vacation. The Applicant has provided letters from Karl Avery (owner of lots 1
and 2), Robert McCormick (manager of CRV Properties LLC, owner of record of the "Park Area" shown on
the plat) and Barb Albin (President of the Homeowners Association). None of the abutting property owners
object to the application, and their legal access would not be affected by the vacation.
In addition, CRV Properties LLC has agreed that the entire portion of the vacated road that is adjacent to the
Park Area shall be adjoined with Lots 41/42/43. The portion of the vacated road between Lots 41/42/43 and
Lots ] /2 will be split between the lots.
MINOR PLAT AMENDMENT (SECTION 3-200-0801: A minor plat amendment is requested to merge
Lots 41, 42 and 43.
A. The amendment increases or does not affect the degree of compliance with Code standards;
Response: The proposed amendment does not affect the degree of compliance with Code standards.
B. The amendment is being made to a recorded plat which has been approved by Pitkin County; and
Response: The BOCC approved the plat for Crystal River Park in 1966; the plat is recorded in Plat Book 3
at Page 103. Lots 41/42/43 were amended when Ruby Mountain Drive was vacated; the amended plat was
recorded in Plat Book 58 at Page 71.
C. The amendment is consistent with representations made during the conceptual and detailed
subdivision reviews, whichever is applicable.
Response: Staff has no knowledge that the amendment is not consistent with representations made
during conceptual or detailed subdivision review.
1041 HAZARD REVIEW & CONCEPTUAL SUBMISSION:
GMQS/Merger: The property is located within the Crystal River area. The lot was legally created prior to
May 8, 1972, and is, therefore, exempt from growth management up to 5,750 square feet of floor area.
Merger is not an issue, since the lot is within a BOCC approved subdivision.
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Wald cre: Eric Petterson rates the wildfire hazard in the building envelope as low. His recommendations
to mitigate the wildfire hazard are included in the conditions
Bill Gavette with Carbondale Fire recommends that a turnarowid for fire apparatus be created at the
southeast corner of Lot 43. A proposed fire truck turnazound is shown on t)le site plan, however, it is not
located on the Applicant's property. The turnaround must be accommodated on the Applicant's property.
Wildli e: The Applicant provided an Ecological Assessment prepared by Jonathan Lowsky, which states
that the proposed development is within mapped elk winter range, but that "development pressure,
human activity and free-ranging dogs have significantly reduced the effectiveness of the habitat on and
around the property." The property does not contain any mapped or field verified'fiitule deer or bighorn
sheep habitat areas that are protected by the Land Use Code. Recommendations to reduce the impacts of
the development are included in the conditions.
Geoloeic: While the property contains slopes in excess of 30% and 45%, the proposed building envelope is
located on slopes of less thazi 30%.
Bruce Collins, Consulting Geologist, asserts that the geologic hazards affecting the proposed building
envelope are minor. He notes that the proposed envelope lies 500 feet below the dowhslope limit of a
potential rockfall area on the CGS maps and that there are no identifiable rockfall paths in the vicinity of the
property. He also notes that talus may be present, which could require filling of talus voids and stabilization
or removal of deposits; soil testing would identify if talus materials are present. The property is not mapped
for, nor is there any indication of, avalanches. Recommendations to mitigate the hazards are included in the
conditions.
Water/Sewer: The Redstone Water District sppplies water to the property, and the Applicant proposes to
install an individual sewage disposal system.
STAFF'S RECOMMENDATION: Staff recommends that the Planning and Zoning Commission
recommend approval of The Gaylord application, subject to the following conditions:
1. The Applicants shall adhere to all material representations made in the application and in public
meetings.
2. Prior to submission of any building permit applications, the Applicant shall submit the amended plat/lot
line adjustment plat/1041 hazard review site plan to the Community Development Department for
approval uid recording. The mylar copy of the plat must be signed by the owners prior to submittal for
recording. The amended plat shall show the road right-of--way to be vacated, the Lots affected by the
vacation (Lots 41, 42, 43, 1 and 2) and lot line adjustments, and the approved building envelope on
amended Lots 41/42/43. The plaf shall include legal descriptions of adjusted Lot 41 /42/43 and adjusted
Lot 1/2, which include the vacated aeeas
3. With the building permit application, the Applicant shall submit a precise engineer or geologist
approved mitigation plan for review and approval by the Community Development Department and the
County Engineer. The plan shall show the area of disturbed slope, any re-grading required and the
exact size and location of any mitigation devices to mitigate for potential rockfall hazard, if deemed
necessary by the engineer or geologist. The report shall include soils testing to determine if talus
materials are present, and if so, shall recommend mitigation.
4. Prior to issuance of any building permit applications, the Applicant shall:
A. Obtain an access/driveway permit for the driveway, which shall be approved by the County
Engineer and the Community Development Department.
B. Obtain fireplace/woodstove permits from the. Community Development Department, if necessary.
C. Submit a drainage and erosion control plan for review and approval by the County Engineer.
D. Pay the applicable road and employee housing impact fees.
E. Obtain approval of a septic permit from the Environmental Health Department. The system shall be
located within the approved building envelope, and must comply with the setback requirements
from surface and groundwater sources. A qualified professional engineer must design the system.
5. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Grass, forbs and shrubs shall be kept to less than 1 foot in height within 30' of all structures. Forbs
and grasses within 10' of all structures shall be maintained to a Height of not more than 6".
B. All branches from trees and brush within 30' of al] structures shall be pruned to a height of 10'
above the ground with removal of ladder fuels from around trees and brush.
C. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the
chimneys shall be removed.
D. All deadfall within 50 feet of all structures shall be removed.
E. Installed or native landscaping within 20' of all structures shall not contain any brushy species -
only grasses or forbs. Ftammable'mulches are not Recommended. Aspen trees shall not be within
10' of any structure.
F. The applicant shall be responsible for the continued maintenance of the defensible space vegetation
requirements.
6. The applicant shall comply with the following additional wildfire mitigation standards:
A. Roofs sball be constructed with a Class A roof covering or a Class A assembly. 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.
3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above
tlie roofliue, 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 Marshal prior to submittal of a building permit application.
B. Vents shall be screened with corrosive resistant wire mesh with mesh '/o inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash, and flammable debris.
E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any
structure.
F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6
inches.
G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the
structure.
H. Swimming pools shall be accessible to Fire Department vehicles.
4
L 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 asstructures.
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 constricted with materials approved for 2 hour fire-
resistive construction onthe exterior side of the walls.
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. New utility lines shall be buried.
7. The Applicant shall comply with the following to mitigate impacts on wildlife:
A. Dogs shall be kenneled, kept inside a structure, or leashed at all times.
B. Install and use an approved bear-proof trash container.
C. Native vegetation shall be maintained outside of the building and development envelopes.
D . Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level of
black bear activity in this area.
E. Fencing outside the building envelope shall comply with the following: Wood fencing shall employ
three rails or less, be the round or split rail type, shalf not exceed'48 inches in height above ground
level and 12 inches in width (top view), and shall have at least. ] 8 inches between two of the rails.
Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches
in height.
8. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water
consumption and additional nmoff wiflrin one growing season of the project's completion.
9. Prior to commencement of guy 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 a certificate of occupancy.
] 0. Lighting shall comply with the Pitkin County lighting standards in effect at the time of installation.
7 1. No development, including grading, excavation, fill placement, berming, landscaping, vegetation
removal or disturbance, or septic system shall occur outside of the approved building envelope.
Construction staging, parking, utility and driveway extension and maintenance shall occur within
approved building envelope or the access driveway.
12. The properly shall be limited to a maximum of 5,750 square feet of floor area exempt from growth
management.
l3. Failure to comply with these conditions of approval may result in revocation of this permit or airy
subsequent permits related to this property.
I,
~~ ~~
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, §
4-1.40 and C.R.S., § 24-68-105: The statutory vested rights granted herein shall expire on 2008.
Attachments
1. Carbondale Fire
2. Chuck Downey letter
' Ms. WultPis a professionnl planner with a BacheWPS dagee in Urban Studies from the Slniversdy ofPemsylvania. Ms. Wolffhas worked 6r the AspciilPitkin County Community Development
Depnrtmcnt for 13 years and as aPlnmier/Senior Planner within that department for 9'F. years. In her Alarming position, Ms. Woltrhas reviewed numerous land use appliatioivs pnrsuaht to the Pitkin
County Lnnd Use Code
Application and site plan/plat provided separately
v ~~~
~ ~ RECEI VE®
FIRE • EMS • RESCUE JUN 2 01005
June 16, 2005 I''rtk+n County gUilding apt.
Suzanne Wolff
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: Gaylord -1041
Lots 41, 42 & 43 CrystalRiver Park
Dear Suzanne:
I have reviewed the site plan for the Gaylord property and have visited the site. It is my understanding
that Beaz Creek Lane to the southeast of Lots 41, 42 and 43 will be vacated and combined with the three
lots to form a single parcel. I would offer the following comments regazding fire protection for the
Property:
Access
The property is located at the end of Bear Creek Lane. Bear Creek Lane is pun•ently a dead end road,
approximately 500 feet long, with no turnaround at the end. I would recommend that a turnaround for fire
apparatus be created at the southeast corner of Lot 43, (See figure). The turnaround could be
incorporated into the driveway access.
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lpr
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+xCCCflTln6LE tSTERPlATIVE
Td 12(I'NAUhErlif~A6
wateC $llpp1V
A fire hydrant is located at the end of Bear Creek Lane near the property. It is supplied by the Redstone
Water and Sanitation District system and is adequate for fire protection.
Please contact me in you have any questions.
SfY~~,~/L'C~~T°~~~L
Bill Gavette
Deputy Chief
cc: Crystal River Realty
Carbondale & Rural Fire Protection District, Z'12 % 2 9 2 5 ~ n 8 9
300 Meadowood Drive • Carbondale, CO 81623.970/963-2491 Fax 963-0569
c~
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Letter of Request
Subject: Gaylord 1041, Lot Line Adjustment and Road Vacation
Legal: Lots 41, 42 and 43 Crystal River Park second filing
Location: Crystal River Park Subdivision, one mile south of
Redstone
Owners: Phillip and Carolyn Gaylord
Gaylord's who have owned this property for the past seven years
are beginning this process with Pitkin Country to prepare their.
property to become an approved building site for their primary
residence.
3-60 Environmental and Aesthetic Standards
This property is located in Crystal River Park Subdivision, which
at this time has many existing homes. This property is located at
.134 Bear Creek Lane. Crystal River Park Subdivision has a very
strong homeowners Association and. Architectural review
committee. This committee. is very sensitive that the structure
blends well with the natural surroundings and other homes in the
area.
3-70 Water Resources
Crystal River Park is served by Redstone Community Water.
This property has a paid tap fee in place.
3-80-050 Geologic Hazard Areas (reference A)
See enclosed report from geologist, attached
3-80-070 Wildfire Hazard Areas (reference B)
See enclosed report
3-80-080 Wildlife Habitat (reference C)
See enclosed report
?[ ..
'~~
..- ~.
3-110 Improvements and Services
Since Crystal River Park is an approved and established
Subdivision all utilities are inplace. This property will be served
by Holy Cross Electric and underground service travel to the end
of Bear Creek Lane, which is where said property is located. This
property also has phone lines in place. The main road to this
property is in place and is maintained. by Crystal River Park
Homeowners Association. Propane will be handled by an
underground tank that will be purchased by the Gaylord's once
they start the building process.
3-190-080 Minor Plat Amendment
We are requesting that the lot line be removed between lots 41, 42
and 43 Crystal River Park Subdivision. This will. create .one. parcel
for the Gaylord to build their primary home on.
3-200-070 Street and Easement Vacations
Bear Creek Lane (formally known as Country Club Drive)
Ends at lot 41 and does not serve any other property per the Crystal
River Plat dated lots.
i
9-110-OS Exception for Pre-1978 Pazcel
Crystal River Park was approved by Pitkin Country in 1966. The recorded plat was
signed by Orest A. Gerbaz, Chairman of the Boazd of County Commissioners on July 18,
1966.
i
NEPA••WILDLIFE••
January 17, 2005
Sherri Rubin
Crystal River' Realty, InC.
0117'/: Redstone Blvd.
Redstone, CO 81623
RE: Lots 42& 43- Elk Mountain Subdivision
Dear Ms. Rubin,
Please submit this letter with your application to Pitkin County.
I visited Lots 42 & 43 in the Elk Mountain Subdivision in Pitkin County on January 15,
2005. The owner would like to prepare a 1041 review on the property as part of a
building permit. The building site is considered "Low Hazard: Trees", due to the fact that
the slope is less than 20% (actual slope was 18%) and the fuels were discontinuous.
Therefore, the following Mitigations are recommended:
Vegetation
1. Grass, (orbs and shrubs must be kept to less than 1' (1 foot) in height up to 30' from
any structures: Forbs and grasses within 10' shall be maintained to a height not more
than 6".
2. All branches from trees and brush. within the thirty-foot perimeter shall be pruned to a
height of ten feet (10') above the ground with removal of ladder fuels from around
trees and brush. -
~y.
~, ,
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3. All deadfall within a 50' - ~~ ~ `~ ~~
perimete[ of the house shall ~~ ~~ ~ ~~
be removed. ~ ~ ` ~~ ~ ~ ,~
4. Installed or native
landscaping within 20' of
the house should not
contain any brushy or
coniferqus species- only
grasses or forts are
allowed: Flammable
mulches (wood chips) are
not recommended. Aspen --~~
trees are allowed near the
house, as long as they are
not within 10' of the
structure, and are kgpt
0222 BOBCAT LANE REDSTONE COLORADO 81623
PHONE/FAX: (970) 963-2190• CELL: (970) 309-4454
EMAIL: ERICPETTERSON~a,MSN.COM
°' i
Lots 42 d~' 43 Elk Mtu. Subdivision Property 1041 Fuels Review ]anumy 17, 2005
limbed to 10' (unless the trees are less than 10' tall). No trees of any species may be
within 15' of any window.
5. The property owner shall be responsible for the continued maintenance of the above
listed vegetation requirements.
The following Modified Structural Design and Construction Standards are recommended
for any new structures:
II. New Roofing
1. Any new roofs shall be constructed with Class A roofing materials (see UBC 1997
Section 1504). Shake shingle roofs regardless of treatment are not allowed.
2. All roof coverings shall have a surface that facilitates the natural processes of
cleaning the roof.
3. Vents shall be screened with a maximum '/<" corrosive resistant wire mesh.
4. Trim all branches that extend over the roof eaves and remove all branches within
15' of chimneys.
5. All roof designs, coverings or equivalent assemblies shall be specifically approved
by the Fire Marshall prior to submittal of a building permit application.
III. Access
1. There should be a 60' drivable tum-around radius at the end of the road. This is
not the responsibility of the homeowner, but the HOA should consider this.
IV. Maintenance
1. Roofs and gutters shall
be kept clear of debris.
2. Yards shall be kept clear
of all littler, slash and
flammable debris.
3. All flammable materials
(including firewood)
shall be stored on a
parallel contour a
minimum of 30' from
any structure, or within
a separate structure.
V. Miscellaneous
1. Fences shall be kept clea
between the fence and the main structure.
~ky Mountain Ecological Services, Inc
2
i
' Lou 42 d9' 43 Elk Mtn. Sub~'vuion Profierty 1041 Fuels Bevies January >7, 2005
2. Any outbuildings or additional structures shall adhere to the same standards as
the main house.
3. Each structure shall have a minimum of one ten-pound ABC fire extinguisher.
4. Addresses shall be clearly marked with 2" 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 surface.
5. Fuel tanks shall be installed underground with an approved container.
6. Propane tanks shall be buried, or installed according to NFPA 48 standards and
on a contour away from the structure with standard defensible space vegetation
mitigation around any aboveground tank (i.e. no shrubs within 30' of the 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.
VI. Water Supply
1. All livable structures greater than 5,000 square feet shall be required to install in-
house sprinkler systems that meefthe standards of thelocal fire protection districf
and the Unifonn Building Code. At building permit submittal, the Aspen 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.
VII. Utilities
1. Utility lines shall be buried.
VIII. Building Envelope and Wildfire
Hazard Area Delineation
1. Concurrent with building
permit submittal, a site plan
that meets the requirements
of section 5-70-040 shall be
submitted that delineates all
development within a
building envelope (wildfire
mitigation, and creation of
defensible space, may
occur outside the building
envelope). Wildfire hazard
areas shall be delineated
within the building envelope
consistently with the
~kY Mountain Ecological Services, Inc
3
` Lots 42 d9' 43 Elk Mzn. Subdlvirion Property 1041 Fuels .Review )auuary 17, 2005
definitions of section 3-80-070A.1; provided that, in the case of varying hazard
levels within the building envelope, it shall be sufficient to label the entire
envelope with the highest level hazard. The building envelope and ahundred-
foot radius surrounding all structures shall be clearly labeled as either: low hazard,
medium hazard; or severe hazard.
IX. Appeal
An appeal pursuant to section 3-290 and/or 3-300 is available to any party aggrieved
by a decision rendered pursuant to these Wildfire Mitigation Recommendations.
The standards stated in 3-80-070 Wildfire Hazard Areas, has been slightly modified for the
conditions at this property. Thank you for this opportunity to comment on this property, and
please feel free to call if you have any questions.
Sincerely,
Eric Petterson
Principal Ecologist
Rocky Mountain Ecological Services, Inc.
~ky Mountain Ecological Services, Inc
4
i
ECOLOGICAL ASSESSMENT
LOTS 42 & 43, CRYSTAL RIVER PARK SUBDIVISION
Redstone, Colorado
Prepazed for:
Rocky Mountain Ecological Services, LLC
0222 Bobcat Lane
Redstone, CO 81623
Prepared by:
Wildlife & Wetland Solutions, LLC
313 Sopris Circle
Basalt, CO 81621
(970) 618-4740
27 January 2005
Ecological Assessment Lots 42 &43 Crystal River Park
Table of Contents
1.0 INTRODUCTION ................................................................................................................... 3
2.0 METHODS ..............................................................................................................................3
3.0 SITE DESCRIPTION AND TOPOGRAPHY ..................................................................... 3
4.0 VEGETATION ................................................................................................................... .... 3
5.0 IMPORTANT ECOLOGICAL RESOURCES .................................................................... 3
5.1 THREATENED AND ENDANGERED SPECIES ......................................................................... .... 4
5.2 ELK, MULE DEER, AND BIGHORN SHEEP ............................................................................ .... 4
5.2.1 Elk .............................................................................................................................. .... 4
5.2.2 Mule Deer ......................:........................................................................................... .... 4
5.2.3 Bighorn Sheep ............................................................................................................ .... 4
5.3 GOLDEN EAGLES AND OTHER RAPTORS ............................................................................ .... 4
5.4 BLACK BEARS .................................................................................................................... .... 5
5.5 RIPARIAN HABITAT ............................................................................................................ .... 5
5.6 WETLANDS AND WATERS OF THE U.S ................................................................................ .... 5
6.0 POTENTIAL EFFECTS OF THE PROPOSED PROJECT ......................................... .... 5
7.0 RECOMMENDATIONS TO MINIMIZE ECOLOGICAL IMPACTS ....................... .... 5
8.0 LITERATURE CITED ...................................................................................................... .... 7
FIGURE5 ........................................................................................................................................8
FIGURE 1. LANDSCAPE CONTEXT ................................................................................................. 9
FIGURE 2. ADJACENT DEVELOPMENT ......................................................................................... 10
FIGURE 3. ASPEN ....................................................................................................................... 11
FIGURE 4. ENGELMANN SPRUCE ................................................................................................. 11
FIGURE 5. ELK WINTER RANGE AND MIGRATION PATTERN ......................................................... 12
FIGURE 6. BIGHORN SHEEP WINTER RANGE ................................................................................ 13
Wildlife & Wetland Solutions, LLC. 2 January 2005
~i
Ecological Assessment Lots 42 &43 Crustal River Park
1.0 INTRODUCTION
_~ ~P~ ~. L
This report presents an evaluation of the wildlife, wildlife habitat, and ecological resources on
Lots 42 and 43, Crystal River Park Subdivision (Parcel ID# 2729-292-01-089) in the Crystal
River Valley, Pitkin County, Colorado. The applicants are seeking to establish a building
envelope for a new single-family residence.
2.0 METHODS
This assessment is based on: (1) December 23, 2004 survey of the Property; (2) a review of
current Colorado Division of Wildlife (CDOW) Natural Diversity Information Source (NDIS)
Species Distribution (formerly known as WRIS) Maps (Colorado Division of Wildlife 2004); (3)
consultation with Justin Martens, CDOW District Wildlife Manager, Carbondale; and (4) the
author's experience in recognizing, avoiding, minimizing, and mitigating potential impacts of
development on wildlife and other ecological resources in the Aspen, CO area.
3.0 SITE DESCRIPTION AND TOPOGRAPHY
The 0.45 acre property (the `Property) is located in the Crystal River Park Subdivision in
unincorporated Pitkin County. The Property is approximately 1 mile south of Redstone and 17.5
miles south of Carbondale in Township 10 South, Range 88 West, Section 29. The elevation of
the Property is approximately 7,420 feet. The proposed development site is located on a gently
sloping bench with a southeast aspect approximately 100 feet above the floor of the Crystal
River Valley (Figure 1). This bench lies on southeast facing slopes below Huntsman Ridge and a
band of sandstone cliffs.
Crystal River Park is part of an exurban landscape consisting of single family homes on
relatively small lots and relatively heary density embedded in a rural landscape matrix. The
Property is bounded by developed residential lots (2) varying in size from 0.24 acres to 1.2 acres
on the north, south, and west with common subdivision open space (3.05 ac) to the east. There
are no existing structures on the Property.
4.0 VEGETATION
Vegetation on the property consists predominantly of 3 to 5 inch diameter at breast height (DBH)
aspen (Figure 3) with an understory of mixed native and non-native grasses and fortis with
patches of snowberry, chokecherry, and Saskatoon serviceberry as well as a few 3 to 4 foot DBH
Engelmann spruce (Figure 4). There are no noxious weed infestations on the property.
S.O IMPORTANT ECOLOGICAL RESOURCES
The `important ecological resources' described herein are those wildlife species and other
ecological elements that are of significant ecological, economic, regulatory, and/or political
importance. Ecological resources not discussed in this report are not unimportant; rather, they
simply will not be significantly impacted by a development of this nature and/or are not
specifically regulated by local, state, or federal law or code. In addition, mule deer and elk serve
as `umbrella species' (Caro & O'Doherty 1999; Lambeck 1997). By meeting the umbrella
species' requirements, the habitat of many other species using the Property will be adequately
supported (as their requirements tend to be lower).
Wildlife & Wetland Solutions. LLC. 3 January 2005
,. .u„
Ecological Assessment Lots 42 &43. Crustal River Park
S.1 Threatened and Endangered Species
There is no critical habitat for any federal or state listed Threatened, Endangered or Candidate
species on or adjacent to the Property. No listed species is known to occur on or around the
Property.
5.2 Elk, Mule Deer, and Bighorn Sheep
5.2.1 Elk
The Property is mapped as elk winter range (Figure 5) (Colorado Division of Wildlife 2004). The
CDOW metadata for the species distribution maps defines elk winter range as
`...that part of the overall range of elk where 90% of the individuals are located during the
average five winters out of ten from the first heary snowfall to spring green-up, or during a site
specific period of winter as defined for each Data Analysis Unit."
Field verification on 3 January 2005 revealed elk browse on shmbs preferred as winter forage
(e.g., serviceberry, chokecherry) to be very light and no elk tracks or other sign were found.
There was evidence of elk bazking on the aspen trees but the scars were old and largely healed
over indicating that this use has become quite limited since development of the subdivision.
Although the winter range designation may be accurate for the Property, development pressure,
human activity, and free ranging dogs have significantly reduced the effectiveness of the habitat
on and around the Property.
The Crystal River Pazk subdivision lies along a broad elk migration pattern between stmuner and
winter ranges that runs generally north-south parallel to the Crystal River drainage (Colorado
Division of Wildlife 2004). As described above, although elk occasionally pass through the
subdivision and the Property, most elk currently divert above the azea of human disturbance. The
Property does not contain any mapped or field verified elk critical habitat, migration corridors,
production areas, severe winter range, or winter concentration areas.
5.2.2 Mule Deer
Mule deer can be found on and around the property in the non-winter months but the Property
does not contain any mapped or field verified mule deer critical habitat, migration corridors,
production areas, severe winter range, winter range, or winter concentration areas.
5.2.3 Bighorn Sheep
The cliffs above (west) the subdivision provide important bighorn sheep winter range. The
Property, however, is more than 1,000 feet from the toe of these slopes and the property does not
contain any bighorn sheep habitat (Figure 6). The Property does not contain any other mapped or
field verified bighorn sheep activity areas protected by the Pitkin County Land Use Code.
5.3 Golden Eagles and Other Raptors
There aze no Bald Eagle, Golden Eagle or other raptor nests on the property. The sandstone cliffs
to the west are mapped as a Peregrine Falcon nesting area (Colorado Division of Wildlife 2004).
This habitat area is defined as:
"An area which includes good nesting sites and contains one or more active or inactive nest
locations. The boundaries are drawn based on professional judgment to include most (mown
Wildlife & Wetland Solutions. LLC. 4 January 2005
> »y ~ _ ^n krys tl~ i
o ~~~
Ecological Assessment lots 42 &43 Crustal River Park
' nesting habitat in the vicinity. Usttallythese are2s aze mapped as polygons azound cliffs and
include a 1/2 mile buffer surrounding the cliffs (Colorado Division of Wildlife 2004)."
Given that the Property is more than 1,000 feet from the toe of the cliffs it is highly unlikely that
residential development will have any effect on this habitat area.
5.4 Black Bears
Crystal River Park area contains excellent black bear habitat and beazs are common April
through November. Residents in the Greater Redstone Area have experienced significant human-
e bear conflicts in the past few years and some bears have shown signs offood-conditioning. Once
a bear becomes food- or garbage conditioned it has a greater propensity toward human-bear
conflicts.
5.5 Riparian Habitat
Riparian Areas are defined as plant communities contiguous to and affected by surface and
subsurface hydrologic features of perennial or intermittent lotic (e.g., rivers, streams) and lentic
(e.g., lakes, ponds) water bodies. Riparian areas have one or both of the following
characteristics: 1) distinctly different plant species than adjacent areas, and/or 2) species similar
to adjacent areas but exhibiting more vigorous or robust growth forms. Riparian areas are often
transitional between wetland and upland (U.S. Fish and Wildlife Service 1997). No riparian
habitat will be affected by the proposed development.
5.6 Wetlands and Waters of the U.S.
Wetlands means those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions (Environmental
Laboratory 1987). Only naturally occurring wetlands are protected by the Clean Water Act and
the Pitkin County Land Use Code. There are no wetlands or other Waters of the U.S. on the
Property. The Property contains no wetlands or riparian areas.
6.0 POTENTIAL EFFECTS OF THE PROPOSED PROJECT
Given the above site assessment, it is unlikely that the development of this site will result in any
significant direct or indirect loss of important wildlife habitat. No legally protected, sensitive, or
economically important wildlife species will be significantly affected by development of the
subject property. Wetlands and Waters of the U.S. will be completely avoided and no riparian
habitat will be impacted.
7.0 RECOMMENDATIONS TO MINIMIZE ECOLOGICAL IMPACTS
The following conditions will reduce the impacts of the proposed development on ecological
communities:
1. Development should comply with the General Standards as described in §3-80.080(A) of
the Pitkin County Land Use Code.
2. Dogs should be kept inside, restricted to a kennel, or leashed at all times in compliance
with §3-80.80(C)(2) of the Pitkin County Land Use Code.
Wildlife & Wetland Solutions. LLC. 5 January 2005
Ecolo ical Assessment Lots 42 &43 C tal River Park
-, i
3. Fences should be kept to a minimum. Any fences deemed necessary must meet or exceed
County and CDOW wildlife standards:
a. Wood rail fencing will employ three rails or less, be the round or split rail type,
shall not exceed 48 inches in height above mean ground level and 2 inches in
width (top view), and shall have at least 18 inches between two of the rails.
b. Wire fences shall consist of smooth wire with a maximum height of 42 inches
above mean ground level. The middle wire should be 30 inches above mean
ground level, providing an 18 inch kick-space below the top strand. The bottom
strand should be 18 inches above mean ground level to provide sufficient
clearance for passage of elk calves, deer fawns and other wildlife.
4. Bears:
a. Approved bear-proof trash containers should be installed.
b. Fruit-bearing trees and shrubs should be avoided in any landscaping within 30
feet of structures due to the high level of black bear activity in this area.
c. Pets should be not be fed outside.
d. Wherever possible, lever style door handles should be avoided on the exterior of
the house.
e. Bird feeders should be avoided from April through November.
5. An orange safety fence should be placed around the building envelopes during
construction to prevent any unnecessary vegetation disturbance during construction.
6. The building envelope and any areas disturbed outside the building envelope should be
revegetated according to Pitkin County's Revegetation Guide to prevent infestation by
noxious weeds.
7. Naturally occurring vegetation should not be disturbed outside the building envelope.
8. A drainage and erosion control plan should be submitted to the County Engineer as per
the Pitkin County Assets Management Plan (AMP).
9. Residents should be provided with educational material pertaining to local wildlife (e.g.,
CDOW brochures entitled "Living with Wildlife in Bear Country" and "Developing with
Wildlife in Mind").
Wildlife & Wetland Solutions. LLC. 6 January 2005
i
Ecolo ical Assessment Lots 42 &43 C tal River Park
8.0 LITERATURE CITED
Caro, T. M., and G. O'Doherty. 1999. On the Use of Surrogate Species in Conservation Biology.
13:805.
Colorado Division of Wildlife. 2004. Natural Diversity Information Source. Colorado Species
Distribution Maps. Colorado Division of Wildlife, Fort Collins, CO.
Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical
Report Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS.
Lambeck, R. J. 1997. Focal Species: AMulti-Species Umbrella for Nature Conservation.
Conservation Biology 11:849.
U.S. Fish and Wildlife Service. 1997. A system for mapping riparian areas in the western United
States. Pages 15, Washington, D.C.
Wildlife & Wetland Solutions, LLC. 7 January 2005
~"°~
Ecoloairal Assessment Lots 42 &43. Crustal River Park
FIGURES
Wildlife & Wetland Solutions. LLC. 8 January 2005
Ecological Assessment Lots 42 &43 Crustal River Park
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Wildlife & Welland Solutions. LLC. 9 January 2005
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Ec ological Assessment Lots 42 &43 Cru .
stal River Park
Wildlife 6 Wetland Solutions. LLC. 10 January 2005
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Ecological Assessment Lots 42 &43 Crystal River Park
Wildlife & Wetland Solutions. LLC. Il January 2005
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_E_cological Assessment ~ Lots 42 &43 Crystal River Park
Wildlife & Wetland Solutions, LLC. 12 January 2005
Figure 5. Elk winter range and migration pattern.
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Ecological Assessment lots 42 &43 Crustal River Park
Wildlik & Wetland Solutions, LLC. 13 January 2005
Figure 6. Bighorn sheep winter range.
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BRUCE A. COLLINS, PH.D.
Nnnpse~.R¢ouao: Coesw.nwr ~ ENVBtaNMENCAL,
P.O. Box 23 • 11 ] 6 MINEOTA DRMa
SrILT, COLORADO 81652 EXPLORATION,
PHONE/FAx (970) 876-5400 ` "' AND MINING
barnt@ro£net 6EO1'O~
February 10, 2005
Sherry Rubin
Crystal River Realty, Inc.
0117'iz Redstone Blvd.
Redstone, CO 81623
RE: TATS 42 AND 43, CRYSTAL RM3R PARK SUBDMSION
(GAYLORD PROPERTY, REDSTONE, PmaN COUNTY
Dear Ms. Rubin: ,;,
I have completed my geologic im+estigation, as required by Pitkin County Land Use Code. § 3-80-
050, of the above-referenced property on the west side ofthe Crystal River Valley, 0.88 mites
south-southwest of the intersection of Redstone Boulevard and Colorado Highway 133 at
Redstone and 23.0 miles west ofthe Pitkin County courthouse in Aspen. The property is a lithe
south ofthe center west edge ofthe Redstone 7.5 minute quadrangle, Pitkin County, Colorado.
The two lots, referred to herein mostly collectively as the property, the trail, or the parcel, form
a roughly-rectangular trail consisting of 0.56 aces, with a building envelope mostly in the east
half of Lot 42, extending into the southeast corner of Lot 43. The property consists of
moderately-sloping hillside at the western of edge ofthe oldest and highest terraces ofthe Crystal
River in this area. The property is located in the NE'i<NW i4NW is of sec. 23, Township 10 South,
Range 88 West, 6"' Prinapal Meridian. Elevations on the property as plotted on the ]041 Review
Site Plan provided' range from about 7,342 ft at the northeast rnrner to .7,404 ft at the
northwesterly common corner of the two lots, for total relief of approximately 62 ft; the average
elevation ofthe building envelope is 7,362 ft.
Geologic Setting Bedrock beneath the property is the Maroon Formation (P~'m} of Pennsylvanian
and Permian. age (Olander, et at.,19742), although no Maroon is actually exposed. Most if not all
ofthe property is underlain by the western edge of older terrace gravels ofthe Crystal River,
mapped by Olander, et al., as Qot. This unit is described as "unwnsolidated rock debris which is
generally poorly sorted. These materials commonly range in size from boulders to clay particle
and may wnsist of either rounded or angular fragments:' Olander, et al., amibute no geologic
hazards to these materials. The upper or northwestern edge ofthe parcel includes steeper slopes
mapped as coiluvial wedge deposits, unit Qcw, described as "uncansotidated,poor1y sorted, rock
debris which may be angular and range in size from large blocks to clay particles° (Olander, et ai.,
' High Country Engineering (2005). Gaylord 1041 hazard review site plan and boundary adjustment plat High
Country Engineering, Inc., Glemvood Springs, Colorado, Project No. 2051604.0/0926, dated 2!32005,1 sheet.
Z See Olander, H.C., Lamm, N.B., and Florquist, B.A,1974, Roaring Fork and Ccystalvalleys, an environmental and
engineering geology study, Eagle, Gart'ield, Gunnison, and Pitkin Counties, Colorado: Colorado Geological Survey
Environmental Geology EG-8, 30 p.
PAGE 2
.1974). to the area of the property this-material is mostiy more-or-less vegetated talus that has
accumulated asupward-steeping slopes below now variably exposed dills and ledges of Maroon
Formation sandstones over 500 ft to the west. This material, which could imerfinger with the
feather edge of terrace gravels beneath the building envelope, is further described by Olander,
et al., as "...commonly unstable, may be poorly drained, and (is(very susceptible to erosion, and
in places to }7ydrocompaction. Commonly, these deposits are not suitable for construction
° Further west, the ridge above the property is capped by the Permian Weber Sandstone (Pw),3
the Middle to Upper Jurassic Estrada Sandstone (Je), and the Upper Jurassic Morrison Formation
(Jm). The Weber is gray quartzose sandstone characteristically impregnated with blade solid
hydrocarbons. The Estrada is cross-laminated to cross-bedded quartzose sandstone that
commonly forms smooth pink to orangish-pink escarpments. TheMorrison is pale green and pale
red shale with itrterlayered variegated lenticular sandstone, siltstone, and dense dark gray
limestone. Ait ofthe units described from the upper part ofthe colluvial wedge to the ridge tine
are induded in Olander, et al.'s general "Areas of Potential Avalanche and/or Areas of Rodc Falls"
category, but none are doser than 500 ft to the building envelope and are of no concern here.
There are no significant drainages on tl7e property. Vegetation in the area consists of mixed
wnifers on the steeper and espedally north-faang slopes, with increasing aspen and mixed
shrubs, induding Gambel oak, servicebeny, and snowberry, on the lower slopes; Gambel oak
predominates in open south-fadng areas.
& 3.8p-050-A. Avalanche Hazard. Otak (Z001'~ maps an avalanche zone extending to within about
275ft of the property from the steeper,higher dills further west. The easternmost extent ofthe
"Areas of Potential Avalanche and/or Areas of Rodc Fails" zone mapped by Olander, et aC (1974),
is about 500 ft northwest of the building envelope. There is no indication of recent avalanches
below the mapped hazard areas, and the hazard is therefore assumed to be minimal. t should
note, however, that avalanche hazard recognition, evatuation, and mitigation is a highly
spedalized field that is not my area of expertise, and. if a more accurate assessment ofthe risk
and recommendations for mitigation are desired you should seek the opinion of a qualified
professional.
¢380-050-8 Lands)+de Hazard No mapped hazard on Colorado Geological Survey or Pitkin County
maps a no observed hazard.
~3..g0.p50-G poteatiaUy Unstable Stones Hazard. Otak (2001) maps most ofthe property in their
greater than 30~ category (categories hm7ted to greater or less than 30~, although the scale of
the map is far too small to show local variations. According to the High Country Engineering 1041
Review plat provided (2005), slopes range almost entirely from 15~ to over 45~, with only a very
s More recent workers dispute this rnrrelation, mapping the sandstone as simply the white sandstone at the top
of the Maroon Formation.
a Otak, inc., 2007, Crystal River master plan, volume t ofll- e~dsting conditions report, community survey and
results: Report prepared for P'itldn County Community Development Department by Otak, Inc, Carbondale, Colorado.
s Olander, et 4..1974, and Otak, 2007, respectivety•
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PAGE 3
small area ofiess than ] SX; the steepest slopes calculated` from the topographywere slightty over
50X, in the northwestern part ofthe tract. Slopes in the proposed building envelope range from
15X to 30X, with a calculated average of about 23X. Construction techniques on such slopes are
well known. Foundations faring slopes, directly or at an angle, should be designed and
constructed as engineered retainingwalls, and cuts in slopes greater than70X and more than four
feet high should be graded bads to a slope no greater than 3h:7v or supported by engineered
retaining walls. Foundations and other retaining walls should be properly drained and
landscaping should be limiter! to spedes that require little or no artificial irrigation.
&3,80-050-D. Rockall Hazard The proposed ernelope lies 500 ft below the downslope limit of a
potential rodrfall area on Colorado Geological Survey geologic hazard maps, and no rodcfall
hazard is indicated anywhere in the area on Pitkin County maps. Limited exposures of mostly
sandstone on the. dills and. ledges above the property to the west are separated from the
envelope by 1,]00 ft and more af'moderately to lightlyvegetated lesser slopes. More extensive
exposures of steep dills 7,400 ft west lie above an ephemeral drainage that curves to the
southeast away from the property, and virtually all roddall from these dills visible in airphotos
have been into this drainage. There are no identifiable roddall paths through the vegetation from
the limited exposures north ofthe drainage to anywhere in the vidnity of the property. All these
factors combined indicate that such hazard as may exist to the envelope is minimal. I would
nevertheless recommend that final grading and. landscaping incorporate rnntinuous or
overlapping topographic separations of at least four feet upslope from inhabited structures; such
separations can be in the form of berms, overlapping mounds, rods walls, and so on, or stiffening
of upslope foundations in a. manner suflident to withstand an impact of 600 pound per square
foot for four feet above final grade, with no significant openings in this interval. if upslope
foundations can be angled toward the hazard, such stiffening cou}d be reduced to three feet
above final grade able to withstand. an impact of 400 pounds per square foot. It should be
emphasized that only one or the other ofthese mitigating measures is being suggested, not both.
& 3-80-050-E. Ai/uvial Fan Hazard. No mapped or observed hazard. tUlwial fans are not mapped
on the property (Olander, et a1., 7974; Otak, 2007).
& 380-050-F. Talus Slope Hazard As previously noted, a 900-fr-wide strip immediately up slope
from and possibly present on the westernmost part of the building emetope is mapped as
rnlluvial wedge and potentially hazazdous at its western edge and immediately north by Olander,
et at. (7974). Given the geologic setting of the property, this material is most likely talus. Talus,
essentially loose piles of rods at the base of a dill, is by its nature unstable, and presents both a
roddall hazard (although talus slope materials are more likely to roll or slide than fall) and the
danger of failure of structures built. on it as boulders shift. However, it is deaz from vegetative
cover that at least surfidally this material has been stabilized by soil development and the
vegetation. Soil testing previously recommended should be adequate to identify talus materials;
depending on the results, talus voids may need to be filled and some deposits may have to be
e Calalations by the writer of this report.
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carefully stabilized or removed. and replaced with materials of suflident strength to ear
necessary loads.
§ 3-80-054G Marcos Shale hazard. No mapped or observed hazard. The Marcos Shale is not
present on the surface or in the subsurface at any depth on or in the immediate vicinity of the
property (Olander, et at., ]974; Otak, 2001).
$3.50.050- H Faults hawrd. A series of faults about'i<-mile and more north ofthe property is not
mapped as a hazard (Olander, et al., 1974; Otak, 200]j. This fault and others related to the Elk
Range thrust, a major thrust fault about 1.25 miles west, are of Laramide age (roughly 67 to 55
million years ago in this area). Although probably active intennittentlywell into the Tertiary, there
.has been no known movemern on these faults in historic time and probably none for thousands
if not millions ofyears. However, earthquakes of up to Mercalli Intensity Vl' have occurred in the
region within the last few decades;`therefore, I recommend that new structures be designed and
rnnstructed according to the Uniform Building Code provisions for Seismic Zone ilA.
& 3-80-050-t E~aansive Soi! and Rock Hawrd. No mapped hazard on Pitkin County or Colorado
Geological Survey geologic hazard maps, no observed hazard.
$3-80-050-,,LGrouud Sutnadence Hazard. Both terrace boulder grave! and talus deposits can contain
voids resulting from piping or differential compaction. Soil testing should be adequate to
establish•the absence of these hazards within their potential zone of influence on foundation
design, or, if found, to provide adequate data for appropriate foundation and drainage design.
Boulders loosened during excavations should be removed and the voids badcfilled or otherwise
stabilized. There are no mapped mines or prospects of any kind in the immediate vicnity, so
mine-related subsidence is not of concern.
General. Access to the property is existing in the form of subdivision roads from Colorado ] 33.
The unconsolidated materials present on the property are derived primarily from rocks which can
contain minor amounts of radioactive minerals, so aA inhabited spaces should be designed and
constructed to prevent the accumulation of radon as well as other noxious or toxic. gases. Near-
surface bedrock beneath the building envelope is not likely. As always, irrespective of other
recommendations contained herein, final grading and landscaping should be designed and
constructed in such a manner as to comteywater, induding snowmelt, away from structures, and
properly integrated irno the subdivision drainage system. Domestic water is provided through
a community system. Waste disposal is to be by typical septic ISDS; the surfidal materials present
are adequate for such an installation, although the Pitkin County Sanitation Engineer should be
consulted for his spedfic recommendations.
~ Roughly equivalent to magnitude 5 on the more-familiar Richter scale. Earthquakes of this magnitude are felt
by all, with damage from minor to moderate.
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Pace S
Couclusions.
The hazards affecting the proposed envelope are minor and not significantly different from those
affecting many valley-margin sites in Pitkin County previously approved for development. As a
result excavation, foundation, grading, and landscaping design and construction techniques for
such locations arewell-established. This report is intended to complywith Pitkin County Land Use
Code § 3-80-050, and nothing contained herein should be interpreted as suggesting that the
subject property is not exposed to the mapped hazards, or that other geologic hazards do not
exist: Ifyou have any questions, or if I can be of further service, please do not hesitate to rnntact
me.
,,,.,
IMeoeraNr No'ncE: This report concerns natural processes that are unpredictable and in large measure poorly
understood. It is intended to identify potential observable hazards within the scope of work to which the subject
property is exposed and to suggest mitigating measures in compliance with applicable regulations. Nothing in this
report should be construed or interpreted as suggesting the absence of the described hazards, or that the
recommended mitigations will protect the subject property from the described hazards under alt circumstances,
foreseen or unforeseen. Nothing in this report should be construed or interpreted as suggesting that additional
unidentified hazards are not present It must also be understood that "mitigation" does not mean either the
elimination ofthe hazard(s) or prevention ofthe consequences of a hazard evem or events, only the reduction to
the extent reasonablypossible ofthe latter. BY accepting this report all present and subsequent parties thereto agree
to indemnify and hold harmless the prepares for airy and all damages, direct, indirect or consequential, including
personal injury or Toss of life, above and beyond the original cost of this study, caused by or resulting from any
oavrrence ofthe described or other hazard(s), whether or not such damages may result from failure to identify said
hazard(s) or from failure or inadequacy of properly engineered, constructed, and maintained recommended
mitigations. The prepares of this report cannot and will not be responsible in any way or manner whatsoever for
the proper engineering, construotion,and/or maintenance ofrecommended mitigations, orthe inadequacyorfailure
ofimproperly engineered, constructed, and/or maimalned mcommended mitigations, or mitigationsthat have been
altered in a~rywaywhatsoeverfromthose recommended bythe prepares.This report may be amended orwithdrawn
without notice at arty time prior to receipt of payment therefor.
May 24, 2005
~ r
We the Board of Directors for Crystal River Pazk Homeowners Association aze in
agreement with the Lot Line Adjustment and Road Vacation process that Phil and
Carolyn Gaylord are completing with Pitkin County. We are also in agreement that 100%
of the road that is being vacated to the east of lots 42 and 43 will be adjoined with the
Gaylord property.
Signed:
Barb Albin
- _~„N ~. ,
CRV P7»~erties I I.C
May 24, 2005
i
117 Redstone Blvd. Phdne:97P9633408
ReOStone. Co. 81623 fax: 970-9632633
CRV Properties, LLC owner of record of Crystal Park and Park area as depicted on
the Plat of Crystal River Park Subdivision, Second Filing does hereby agree that all that
portion of the road being vacated adjacent to Lots 42 and 43, Second Filing shall be
adjoined with said lots.
Robert McCormick
Manager, CRV Properties, LLC
_.
_ May 6, 2005
Reference: Road Vacation and Lot Line Adjustment
Location: Crystal River Pazk Subdivision Filing Two
To 'Whom It May Concern,
This vaeafilon will be to the northwest of my property known as, lots 1 and 2 Crystal
River Park Subdivision Filing 2. I am in agreement that the turnaround at the end of the
road as shown on the original plat, dated August 1,1966 also be vacated and adjoined in
full with lot 2. I am also in agreeme~ that the. road between lot 41, lots I and 2 be
divided equally between these three properties. It will not be my responsibility to incur
any costs for this process.
Signed:
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Item 3: Petition from abutting property owners whose means of legal ingress and egress
thereto would be affected by the road vacation. No ones access will be affected because
of this road vacation and lot line adjustment.
Karl Avery who is the owner of lots 1 and 2 Crystal River Park Subdivision does not
access his property from Bear Creek Lane. His access is from Chair Mountain Drive.
Please find enclosed his letter that indicated he is in favor of this lot line adjustment and
road vacation, along with a letter from Robert McCormick and Barb Albin who
represents the Homeowners Association of Crystal River Park.
„. ~ .~
117 Retls[one BNtl. Phone9769633408
.._ "Redsrone. Co. 81623 fax 970-%3-2833
May 24, 2005
CRV Properties, LLC owner of record of Crystal Park and Park azea as depicted on
the Plat of Crystal River Park Subdivision, Second Filing does hereby agree that all that
portion of the road being vacated adjacent to Lots 42 and 43, Second Filing shall be
adjoined with said lots.
"~1 ~~ ~,
Robert McCormick
Manager, CRV Properties, LLC
6
May 24, 2005
We the Board of Directors for Crystal River Pazk Homeowners Association are in
agreement of the Lot Line Adjustment and Road Vacation process that Phil and Carolyn
Garlord are completing with Pitkin County. We are also in agreement that 100% of the
road that is being vacated to the east of lots 42 and 43 will be adjoined with the Gaylord
property.
Signed:
Barb Albin ~
May 6, 2005
Reference: Road Vacation and Lot Line Adjustment
Location: Crystal River Park Subdivision Filing Two
To Whom It May Concern,
This vacation will be to the northwest of my property known as, lots 1 and 2 Crystal
River Park Subdivision Filing 2. I am in agreement that the turn around at the end of the
road as shown on the original plat, dated August 1, 1966 also be vacated and adjoined in
full with lot 2. I am also in agreement that the road between lot 41, lots 1 and 2 be
divided equally between these three properties. It will not be my responsibility to incur
any costs for this process.
Signed: ~. , G~il~t/ ,G~
_\
Item 8: Documentation of adequate legal access to the parcel. Beaz Creek Lane is
installed and service home that already constructed. Beaz Creek Lane that is in place at
this time adjoins lot 43 and will be the access to the Gaylord property. The portion of
Ruby Mountain Drive that has been vacated (Resolution No. 159-2001 recorded on
09/27/2001 in Pitkin County) was never installed and was never used to access any
parcels in Crystal River Pazk. See attach documentation on this vacation.
~~~~~~~~~~ ~°er z~e®i esa~
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SrLVIR 0AVI5 VITKIPI ~~ -..:.a 8.00 [! 0.0~.
RESOLUTION OF THE BOARD OF COUNTY COMMLSSIONERS OF PTTI{lrTl COUNTY,
COLORADO, GRANTING AN EXTENSION FOR RECORDING THE AMENDED PLAT FOR
THE VACATION OF A PORTION OF RUBY MOUNTAIN DRIVE IN THE CRYSTAL RTtrER
PARK SUBDIVISION
Resolution No. f~~ 2001
RECITALS
1. Steven and Stephanie Litz (Lot 3), Richard and Donna Hopkins (Lot 4), J. Patrick Luke (Lot 5),
Mazk and Elizabeth Mueller (Lot 6), Steve and Lyrore Cordova (Lot's, CRV Properties Ltd. (Lot 41),
Carolyn and Philip Gaylord (Lots 42 & 43), Elizabeth Bushey(I.ot 44), Margaret Rooney and Christopher
Amold (Lot 45), Lisa Dupre (Lots 46 & 4~ and Neill and NancyTaylor (Lots 48 & 49), ("Applicants")
have applied to the Pitkin County Board of County Commissioners {"BOCC'~ for approval of the vacation
of a portion of Ruby Mountain Drive in the Crystal River Pazk Subdivision that has never been constructed
and does not need to be constructed in the future.
2. The portion of Ruby Mountain Drive to be vacated runs behind Lots 41-49 and.Lots 3-7.
3. The BOCC granted approval of the road vacation pursuant to Ordinance 0162001 on April 11,
2001. As part of this Ordinance, an amended plat was to be recorded 30 dates from the approval of the
Ordinance. Due to minor delays in the muting process of t~e Q~t for signalises, the Applicants were unable
to record the amended plat in the assigned amomrt of time, `l'ire Applicants request an extension for the
recording of the plat until October 1, 2001.
4. The BOCC considered the Applicant's request at its regularly scheduled meeting on September
26, 2001, at which time evidence and testimony were presented with respect to this application.
5. The BOCC finds that the request for extension is appropriate.
NOW THEREFORE BE TT RESOLVED by the Firkin County Board of County Commissioners
that it does hereby grant approval for the extension of filing the Ruby Mountain Drive Road Vacation
amended plat, subject to the following conditions:
i. All conditions of Ordinance No. 016-2001 shall remain in full force and effect.
2. The Amended Plat shall besubmitted for recording by October 1, 200E
APPROVED ON THE 26TH DAY OF .SEPTEMBER 2001.
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PITHIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
PROJECT: Gaylord 1041 Hazard Review, Conceptual Submission, Minor Plat Amendment and Road
Vacation
LOCATION: Lots 41, 42 and 43, Crystal River Park Subdivision PID#272929201089/096
OWNERS: Phillip & Cazolyn Gaylord
REPRESENTATIVE: Sherry Rubin
DATE: March 7, 2005 PLANNER: Suzanne Wolff, 920-5093 .t,',ra ~,
Type of Application: 1041 Hazard Review, Conceptoal Submission, Subdivision Exemption for a Minor Plat
Amendment, and Road Vacation
Description of Project/Development: Applicant proposes to merge the three lots and to designate a building
envelope within which to construct a single family residence. The lots are within boththe RS-30 and AFR-10
one districts. The Applicant also proposes to vacate a portion ofBeaz Creek Lane.
Land Use Code Sections to address'ii Inter of requestlapplication:
• Article 2, Land Use Policies
^ 3-60, Environmental & Aesthefic.Standards
^ 3-70, Water Resources
• 3=80-050, Geologic Hazard Areas: Slopes in excess of 30%?
• 3-80-070, Wildfire Hazard Areas: Mapped low and severe wildfue hazard areas
^ 3-80-080; Wildlife Habitat: Mapped elk winter range
• 3-110,,Improvements & Services
^ 3-190-080, Minor Plat Ameitdtnent
• 3-200-070; Street and Easement Vacations
^ 9-110-051(A), GMQS Exemption forPre-1978 Parcel
StafTw~l refer to: Carbondale Fire, Crystal River Caucus, Division of Wildlife, Crystal River Park Subdivision
HOA
Review by: Planning Commission and BOCC (2 readings)
Public Hearing? YES, at BOCC. The applicant shall post a public notice sign on the property at least
15 days prior to the hearing and shall mail notice to all adjacent property owners and mineral estate owners
at least 30 days prior to the hearing with the return address of the Community Development Department
(copy of notice to be obtained from the Community Development Department). The names and addresses
shall be those on the currept tax records of Pitkin County as they appeared no more than 60 days prior to
the date of the public hearing.
FEES: $3,345 (make check payable to "Firkin County Treasurer's
- Plamriug flat fee: $~non-refundable; based on 14 hours of staff time; if staff review time excceds
16.8 hours, the Applicant w~ be chazged for additional time in excess of 14 hours at a rate of~our)
G;D - ~?ffPublicnotice t-z~l?cp 2z~
- $310 Coumy Clerk
Stewart Title of Aspen, Inc.
620 E. Hopkins Ave., Aspen, Co. 81611
OWNERSHIP CERTIFICATE
Dated: December 16, 2004
STEWART TITLE OF ASPEN, INC. hereby certifies, from a search of the real estate
records of Pitkin County, that title to:
.,~
Lots 41, 42, and 43, CRYSTAL RIVER PARK SUBDIVISION, acco ing to the Plat
thereof recorded August 26', 1960 in Plat Ditch Book 2A at Page 25 as Reception No.
110126 and the Plat thereof recorded August 19, 1966 in Plat Book at Page 103 as
Reception. No. 125082 and the Amended Plat recorded October 1, 2001 in Plat Book 58
at Page 71 as Reception No. 459264. ~L ~ w',:~ (~ ~~- ~ ~
Situated in the County of Pitkin, State of Colorado, appears to be vested in the name o£
Carolyn M. Gaylord and Philip R. Gaylord
Although we believe the facts stated are true, this certificate is not to be construed as an
abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and
agreed that Stewart Title of Aspen, Inc. neither assumes, nor will be charged with any
financial obligation or liability whatsoever on any statement contained herein.
Effective Date: December 6, 2004
STEWART TITLE OF ASPEN, INC.
Title Examiner
"Enhancing the Real Estate Closing Process"
620 East Hopkins • Aspen, Colorado 81611
970-925-3577•Fax:970-925-1384
A Stewart Information Services Company • NYSE:STC • wwwstewart.com
QUIT CLAIM DEED
. THIS DEED, dated October 8, 2004
~ : between
~ CRV Propetries Ltd. Liability CO, a Cokrrado limited 8abl8ty company
of the 'County of Pilkln
Cobredo, grantor(s), and
PhiMp R t3aylord and Carolyn M cayrord
whose legal address is 8890 S1N 133 Piece tlF, Mlemi, Florida 33188-1828
and State of ~,
-_.
.ill
of the City Of 8liami County of pale and State of Colorado grantee(s),
WITNESS, that the grardor(s), for ant in consideration of the sum of
Ten (10j DOLLARS,
the receipt arW sutfidency of which is hereby acknowledged, have remised, released, solo arrd QUITCLAIMED, and by these
presents do remise, release, sell and OURCLAIM unto the grantee(s), deeir heirs, susessors and assigns forever, all
the right, title, interest, claim and demand whkir the grantor(s) have in and to the real property, together with improvements, 'd
any, situate, Tying and being in the County of Pidrirt and State of
Coorado, , r
described as follows:
Lot 41, Crystal River Park Subdivision, according to the /Imended Plat thereof ftlad October 1, 2001 in Plat Book
58 at Page 71 and T2.
II~~IIII~III~IIIIIII~I(I~II~IIIII~IIIIII~II~I(I'I ie029e0a ez:IeF
STLVIn OnVIS PITKIN COUNTY W R 6.00 D 0.00
~ also known by street and number as:
~' assessors schedule or parcel number. 272929202096
~ ~ TO HAVE AND TO BOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in
~. I anywise thereunto apperMaining, and erg the estate, right, title, interest and dean whatsoever of the grantor(s), either in law o< equity, to
I ~ the only proper use, benifit and behoof tithe grantee(s) their heirs and assigns forever.
~ ~ N WITNESS WHEREOF. the grerdor(s) have executed this dead on the date set forth above.
Robert E " k, manager
i STATE OF COLORADO
~ County oft T'14n
b The foregoily instrumem was acknowledged before me this
y Rehm-~- 'E Mme. Caft-+tc1C._
ss.
~ ~~ day of ~
vlfitness my nand and official ~ 8,~- - "r /
My mission expires: ~~~ ~ `d"'O-O•
~`~su ~. c~b&61r'
'If in Denver, insert "C9y and". ~y F ' ....No/9~L it i
{lame anoAkktrm of Person Creatuq Nawy Crested Legal Oesaipcon (gse-aSta6.s. C Rs.)
Tiia ram Poo~ma kr: f~llgdoLOl'"r.rr~• emaaatozr
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
application for
{hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 011-2005 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that development
shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair
to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5: COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY''s waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $ which is basedon _ hours of staff time, and if actual time spent by staffto 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 fixrther agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY
Cindy Houben
Community Development Director
Effective 5/25/05
G:county\admin\forms\agreemen[ to pay
APPLICANT
Print'. ~\4 ~~1.0~ 1
Signature -~
a .
January 12, 2005
S4~w. 9
Conrnn~
To Whom It May Concern;
We would like to request that Sherry Rubin be our representative for our 1041 lot
line adjustment on lots #42 and #43, Crystal River Park Subdivision.
Signed
Philip R. G ylord -
Carolyn M aylord
ate
~ ~S'--'
D e
''~
#l~,Adjacent Property Owners
Second Addition Lot one and two
Karl Avery
0217 Chair Mtn. Drive
Redstone, CO 81623
Second Addition Lot three
Steven Litz
Box 216
Monrovia, IN 46157-0216
Second Addition Lot forty four
Thomas Stimmler
106 Sioux Drive
Berthod, CO 80513-1361
Open Space
Crystal Rive Park Homeowners Association
Barb Albin
0425 Crystal Park Drive
Redstone, CO 81623
G° ~Y ~tetcrt(~~G~
~`~T`\„ ~'f\6 SOT A~pb~ 1
tt1 Qt~Otivra. V~Y d)
~t1w~. W ~ I l¢L3
#11 Adjacent Property Owners
Second Addition Lot one and two
Karl Avery
0217 Chair Mtn. Drive
Redstone, CO 81623
Second Addition Lot three
Steven Litz
Box 216
Monrovia, IN 46157-0216
Second Addition Lot forty four
Thomas Stimmler
106 Sioux Drive
Berthod, CO 80513-1361
Open Space
Crystal Rive Park Homeowners Association
Barb Albin
0425 Crystal Park Drive
Redstone, CO 81623
("~1l~ ~Y'o ~a e.r~t\~.S
~-~o~Der~ 1"Y~CLO'rrniC~
tc°, ~~as~,31v~
~~ d51-~, ~ 8 i ~ ~
.,-'~
JEANETTE JONES TO ADD NOTICE WORDING
FOR: 10/18/05
PUBLISH: 09/18/05
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING VACATION OF A PORTION OF BEAR
CREEK LANE IN THE CRI'STAL RIVER PARK`5UBDIVISION
Ordinance No. -2005
Recitals
L Phillip and Carolyn Gaylord ("Applicant") have initiated the procedure under the Pitkin County
Land Use Code for vacation of the portion of Beaz Creek Lane adjacent to the southeastern boundary of
Lots 41-43 in the Crystal River Park Subdivision.
2. ...The portion of Bear Creek Lane to be vacated provides access to the Gaylord property, the "Park
Area" (common subdivision parcel) and the Avery property (Lots 1 and 2; Filing 2). The owners of the
adjacent properties have consented to the application, and their legal access would not be affected by the
vacation. Suitable access to the Avery lot will remain via Chair Mountain Drive.
3. This road vacation application is governed by the standards set forth in Pitkin County Land Use
Code § 3-200-070.C.
4. The Pitkin County Planning and Zoning Commission reviewed the application on September 6,
2005 and recommended approval by a vote of 3-0.
5. The BOCC considered the application at a duly noticed public hearing on September 28, 2005,
and on second reading at a regulaz meeting on , 2005.
6. The BOCC finds that the proposal complies with the applicable criteria set forth in the Pitkin
County Land Use Code.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin
County, Colorado that:
1. The Board of County Commissioners does hereby vacate the portion of Bear Creek Lane adjacent to
the southeastern boundary of Lots 41-43 in the Crystal River Park Subdivision.
2. Within 120 days from the date of this approval, the Applicant shall prepare an amended plat in
accordance with Section 5-60-040 of the Land Use Code, and submit the plat to the Community
Development Department for approval and recordation. The amended plaf shall show the portion of
the road right-of--way to be vacated and the adjacent lots affected by the vacation. 'The owners of the
affected lots shall sign the mylaz copy of the amended plat prior to submittal for recording.
Ordinance # 2003 ~~~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~~
Page 2
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON 18th DAY OF SEPTEMBER, 2005.
INTRODUCED AND FIRST READ AT A PUBLIC HEARING ON THE 28'h DAY OF
SEPTEMBER, 2005.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE DAY
OF , 2005.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN
TIMES ON THE _ DAY OF , 2005.
This Ordinance shall become effective thirty (30) days after publication following final
adoption by the Board.
ATTEST:
Jeanette Jones
Deputy Clerk
APPROVED AS TO FORM:
John Ely
County Attorney
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Patti Kay-Clapper
Chair
Date:
Cindy Houben
Community Development Director
P153-OS
PID 272929201089/272929201096
,-,
PUBLIC NOTICE
RE: GAYLORD 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION,
CRYSTAL RIVER PARK MINOR PLAT AMENDMENT, AND BEAR
CREEK LANE ROAD VACATION (CASE# P153-05)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,
September 28, 2005 at a regular meeting to begin at 2:00 PM or as soon thereafter as the
conduct of business allows, before the Board of County Commissioners, Plaza One
Conference Room, 530 E. Main St., Aspen to consider an application submitted by
Phillip and Carolyn Gaylord (8890 SW 133 Place #F, Miami, FL 33186) requesting'
approval to merge three lots and designate a building envelope for a single family
residence, and to vacate the portion of Bear Creek Lane that is adjacent to the lots. The
property is located Bear Creek Lane and is legally described as Lots 41, 42 and 43,
Crystal River Park Subdivision.., The. State Parcel Identification for this property is
272929201089/272929201096. The application resolution are available. for public
inspection in the Community Development Department, City Hall, 130 S. Galena St.,
Aspen CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093.
Jeanette Jones, Deputy County Clerk
Board of County Commissioners
Published in the Aspen Times Weekly on August 28, 2005
Attention Applicant/Representativec
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 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, C0 (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 signwithin one week after hearing date
..~' ~.
PITI{IN COUNTY COMMUNITY. DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526/FAX# (970) 920-5439
June 29, 2005
Ms. Sheny Rubin
117 Redstone Blvd.
Redstone, CO 81623
Re: Gaylord 1041. Hazard Review Conceptual Submission, Minor Plat Amendment and Road
Vacation (PID 2729-292-01-089, 2729-292-Oi-096; Case P153-OS)
Dear Ms. Rubin:
The Planning staff 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 informafion 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.
This application has been scheduled for review by the Pitkin County Planning and Zoning Commission
on Tuesday, August 2, 2005 at a meeting to begin at 5:00 p.m. in Plaza One Conference Room, 530 E.
Main St., Aspen. 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 fmal and changes to the schedule or
tabling of the application will only be allowed for unavoidable technical problems.
If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093.
Sincerely,
Janis Taylor
Administrative Assistant
...
m
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
.Aspen, Colorado 81611
Phone (970) 920-5526 FAX (970) 920-5439
MEMORANDUM
TO: CARBONDALE FIRE
CRYSTAL RIVER CAUCUS
COLORADO DIVISION OF WILDLIFE..
CRYSTAL RIVER PARK SUBDIVISION I30A
FROM: Suzanne Wolff, Community Development Department
RE: Gaylord 1041 Hazard Review Conceptual Submission, Minor Plat Amendment
and Road Vacation (PID 2729-292-O1-089, 2729-292-01-096; Case P153-OS)
DATE: June 29, 2005
Attached for your review and comments are materials for an application submitted by Phillip and
Carolyn Gaylord. The Pitkin County Planning and Zoning Commission will review the application
on Tuesday, August 2, 2005.
Please return your comments to me by Friday, July 22, 2005.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU
HAVE NO FURTHER NEED OF THEM.
Thank you.
Fl m ,.... ~, wF.k~a ~ . e ,,.~-, .,.,.
County of Pitkin } AFFIDAVI'T' OF NOTICE
} ss. MAILING PUILSUANT TO
State of Colorado } PITKIN COT7NTY LAND U5E
CQIeIE SECTION 4-90
I, ~~ ~.Cr U ~V.b I IV ,being or representing an
Applicant to theme L''tkin County evelop ent Permit, personally certify that I have complied with the
public notice requirements pursuant to Section 4-90 of the. Pitkin County Land Use Regulations in the
following manner:
1. 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 all owners of property adjacent to the subject properly, as
indicated on the a ched list, on theme day of - , 200 (which is~ days prior to the public
hearing date of ~. The names and addressethe adjacenf 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 he to, by first-class, postage prepaid. U.S. Mail at
least 30 days prior to the public hearing to the er(s) of the mineral estate underneath the subject
property, as indicated on the attached list the -day of , 200 (which is _ days prior
to the public hearing date of :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 subject property (as it could be seen from the nearest
public way) on the ~~day of 200 which is at least fifteen (15 ys prior to the
public hearing. A photograph of the po ted sign is a ched he
Appli ant's nam .S'1QTla e
(Attach photograph here)
Signed befgre me U~ day of
200 Y Cltl!trt~U i n
,~.: l
.;
`' WITNESS MY IIAND ANI)~FFICTAL SEAL
_- _
Notary
i%~caimty.. m n orms,_. i avi4 , `
P,~BN
~3 s BIC9ft.~Y
-rd ..
~"'~ i
.~
I
CRYSTAL RIVER PARK.
Homeowners Association
July 20, 2005
Ms Suzanne Wolff
Pitkin County Community Development Department
130 So. Galena St.
Aspen, CO 81611
Dear Suzanne:
Regarding lots 41, 42 and 43 in the Crystal River Park subdivision, this is to
advise you that neither the Crystal River Caucus nor the Crystal River Park Subdivision
will submit any comments regarding the application for 1041 hazard review conceptual
submission, minor plat amendment and road vacation for Mr, & Mrs. Gaylord.
,,,
. _ . ~,._
Sincerely,
Chuc wne
427 Crystal Park Dr.
Redstone, CO 81623
~
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