HomeMy WebLinkAboutpitkin.planning.264305300003 (2007)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
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Plat copies (IIx17)
PARCEL ID: 2643-053-00-003 DATE RCVD: 2/23/2007 i COPIES:— CASE NO P027-07
CASE NAMEd Roaring Fork Ranch Partnership Activity Envelope Review and Special Rev Planners Mike Kraemer
PROJ ADDR: Upper River Rd Woody Creek S -T -R 5-9-85
OWN/APP: Roaring Fork Ranch ADR 144 Green Bay Rd C/S2: Winnetka, IL 60093 PHN:j
REP: Grafton Smith ADR: 0187 W. Lupine C/S2: Aspen. CO 81611 PHN: 925-7120
Email Addr: I ALLOCATED
FEES DUE: 52 616
.FERRALS Aspen Fire. CDO"
FEES RCVD: 52.618 #23364
environmental health
% OVER: 19.6
REF: 3/14/2007 BYbj DUE:4/6/2007
MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION:
Administr yes 3/15/2007 BOCC Reso:
�— vest7/15/2007
�— F --Ir- BOCC Ord:
REMARKS rerecorded reso #543669 to rep & fire//10/31/07///bj PZ: I —
HRG OFF:
CLOSED: 7/16/2007 BY: bj HO INDEX:
ADMIN: 77-20-07—;
PLAT RECORDED 10/17/2013 PLAT (BK,PG): 8104 P74 #60478 ADMIN INDEX: 2007
VR APPROVAL DATE: 6/29/2007 VR EXPIRES: 7 6/29/2010
CASE TYP: Activity Envelope CASE TYP5:
CASE TYP2: Icaretakeer Dwelling Unit (CDU) CASE TYPE:
CASE TYP3: I Special Review CASE TYP7:
CASE TYP4: Date Scanned: 10/22/13
File Location: IFFBox#266
ELISIONS
I' 1
L J
•
•
RECEPTION#: 543669,10/31/2007 at
10:45:37 AM,
1 OF 7, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR
OF PITKIN COUNTY, COLORADO, APPROVING THE ROARING FORK RANCH
PARTNERSHIP ACTIVITY ENVELOPE AND CARETAKER DWELLING UNIT
Administrative Decision No.51-2007
RECITALS
Roaring Fork Ranch Partnership ("Applicant") has applied to the Community Development
Director of Pitkin County ("Director") to establish an activity envelope for a single family
residence and a caretaker dwelling unit. The Applicant has also designated a
Landscaping/Grazing/Ditch Alignment Envelope that encompasses the drainage where the
O'Gara Ditch flows from the pond down to the Eli Cerise Ditch and an Eli Cerise Ditch
Access and Maintenance Envelope where the ditch is currently accessed.
2. The parcel contains 13.648 acres and is within the AR -10 and RS -20 zone districts.
3. The parcel is located on Upper River Road, and is more specifically described in Exhibit A.
4. The application was received after July 6'", 2006 and therefore is reviewed pursuant to the 2006
6 - Land Use Code ("Code").
5. The parcel was legally created prior to 1972 and has not merged with any adjacent parcels.
0
T
C
v
6. The Director finds that the proposed activity envelope for the residence and caretaker unit is
consistent with the applicable requirements of the Code, as follows:
A. The activity envelope avoids slopes in excess of 30%.
B. The wildfire hazard is rated as low, and can be mitigated pursuant to the provisions of Sec.
7-20-60.c of the Code.
C. The activity envelope is located within mapped mule deer range, where development is
permitted pursuant to Sec. 7-20-70, subject to mitigation.
D. The activity envelope complies with the 100' stream setback and avoids the 100 year
floodplain.
The Director further finds that the proposed Landscaping/Grazing/Ditch Alignment Envelope
contains slopes in excess of 30% that were created as the ditch flowed through and eroded this
area, and, therefore, that the envelope complies with the exception for minor slope anomalies in
the Code.
8. The Director further finds that the proposed Eli Cerise Ditch Access and Maintenance
Envelope contains slopes in excess of 30% and is located within the 100 year floodplain and
d the 100' stream setback, but that limited activity within the envelope may be permitted to
maintain the ditch and access to the ditch.
o% APPROVED by the Director, subject to the following conditions, which shall run with the land and
be binding on all successors in interest:
1. The Applicants shall adhere to all material representations made during the application process.
RECEPTION#: 539572, 07/03/2007 at
02:02:31 PM,
1 OF 7, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
Administrative Decision No. 1-2007
Page 2
• 2. Prior to submission of any building or other development permit applications, the Applicant
shall be required to submit for approval an application for Site Plan Review, pursuant to Secs.
2-30-20 and 7-10-50 of the Code. The parcel is within the mapped Scenic View Protection
Area, and, therefore, the Applicant shall demonstrate compliance at Site Plan Review with
the standards in Sec. 7-20-120.d and the rural character guidelines for building location in
Sec. 7-20-120.e of the Code, in addition to all other applicable criteria.
3. Prior to submission of the Site Plan Review application, the Applicant shall be required to
submit for approval by the County Attorney and Community Development an Activity
Envelope Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual
Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization
and recordation. The Activity Envelope Plan shall also incorporate the following changes:
A. Amend the southern boundary of the activity envelope to coincide with the fenceline in
those areas where the fenceline is beyond (north) of the 100' stream setback.
B. Amend the approval signature block to reference the Community Development Director
only (and not the Hearing Officer).
4. Prior to submission of a septic permit, the Applicant shall provide sufficient documentation to
the Environmental Health and Natural Resources Department to establish that the well meets:
(1) setback requirements, (2) the County's minimum requirements for an adequate water
supply, and (3) the County's ISDS Regulation minimum requirements for adequate water
quality.
• 5. Prior to issuance of a building permit for the residence or the caretaker dwelling unit, the
Applicant shall:
A. Obtain an access permit for the driveway, which shall be approved by the Planning
Engineer and the Community Development Department.
B. Obtain a fireplace/woodstove permit from the Community Development
Department, if necessary.
C. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or
geologist for review and approval by the Planning Engineer.
D. Pay the applicable road and employee housing impact fees.
E. Obtain a septic system permit from the Environmental Health and Natural Resources
Department. The sewage disposal system must be designed by a registered professional
engineer and shall be located within the approved activity envelope.
F. Submit a construction management plan for review and approval by the Planning Engineer.
G. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes.
6. The parcel is exempt from the Growth Management up to 5,750 square feet of floor area.
7. The Applicant shall comply with the following standards for Development in a Low Wildfire
Hazard Area:
0
Administrative Decision No. _-2007
Page 3
• A. Defensible Space: The area around all buildings/structures, limited by property
boundaries that may limit a property owner's ability to comply with this section, shall
incorporate landscaping with wildfire defensible space considerations as follows (note:
actual vegetation manipulation to meet these conditions may not be necessary where the
natural vegetation patterns have already fulfilled these conditions):
1)
Brush, debris and non -ornamental vegetation shall be removed within a minimum
ten -foot (10') perimeter around all structures.
2)
Vegetation shall be reduced to break up the vertical and horizontal continuity of the
fuels at a minimum of a thirty (30) foot perimeter around the structures.
3)
Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter
shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the
clumps shall be equal to the height of the fuel. All measurements shall be from the
edges of the crowns of the fuel.
4)
All branches from trees and brush within the thirty (30) foot perimeter shall be
pruned to a height of ten (10) feet above the ground with removal of ladder fuels
from around trees and brush.
5)
Tree crown separation within the thirty (30) foot perimeters shall have a minimum of
ten (10) feet between the edges of the crowns, except for mature stands of aspen trees
where ladder fuels have been removed. In areas of aspen regeneration, understory
shrubs and down and dead materials shall be removed.
6)
All branches that extend over the roof eaves shall be trimmed and all branches within
fifteen (15) feet of chimneys shall be removed.
7)
The density of fuels up to a one hundred (100) foot perimeter of the structures shall
•
be reduced where natural reduction has not already occurred.
8)
All deadfall up to a one hundred (100) foot perimeter shall be removed.
9)
No new conifer trees shall be planted within ten (10) feet of a residence.
10) No flammable mulches shall be placed within two (2) feet of a residence.
11) The property owner shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
B. Roofing Materials: Class A covering or Class A assembly as defined by the currently
adopted Building Code. No wood shakes or shingles. All other adopted Building Code
compliant methods and materials permitted. Roofs with less than a 3:12 pitch are not
permitted unless they comply with the following:
1) All roof coverings shall be constructed of non-combustible materials and installed on
a Class A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of
clearing roof debris.
3) Protrusions above the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted Building Code and shall have a
minimum pitch of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved
by the Fire Marshal prior to submittal of a building permit application.
C. Maintenance and Miscellaneous Requirements
0
1) Roofs and gutters shall be kept clear of debris.
Administrative Decision NgJ" -2007
Page 4
• 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-
fourth ('/o) inch maximum.
3) Any outbuilding shall adhere to the same wildfire requirements.
4) Yards shall be kept clear of all litter, slash and flammable debris.
5) All flammable materials shall be stored on a parallel contour a minimum of fifteen
(15) feet away from any structure.
6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height
not more than six (6) inches.
7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15)
feet away from the structure.
8) Swimming pools and ponds shall be accessible by the local fire district.
9) Fences shall be kept clear of brush and debris.
10) Wood fences shall not connect to other structures.
11) Fuel tanks shall be installed underground with an approved container.
12) Propane tanks shall be buried, if possible, or installed according to NFPA 58
standards and on a contour away from the structure with standard defensible space
vegetation mitigation around any aboveground tank. Any wood enclosure around the
tank shall be constructed with materials approved for two (2) hour fire -resistive
construction on the exterior side of the walls.
13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
14) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall
be visible at the primary point of access from the public or common access road and
installed on a non-combustible post.
15) Utilities shall be extended underground.
• 8. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire
Protection District, including but not limited to access, turning around of fire apparatus,
installation of an approved fire sprinkler system and a minimum 20,000 gallon water supply for
fire fighting.
9. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Set back the residence and caretaker unit as far as possible from the edge of the draw in
the middle of the parcel.
B. Dogs shall be kenneled within 50' of the residence or leashed under human supervision
when outside of the kennel.
C. Native vegetation shall be maintained outside of the activity envelope. Existing
vegetation shall be maintained within the Landscaping/Grazing/Ditch Alignment
Envelope and the Eli Cerise Ditch Access and Maintenance Envelope, except as allowed
for ditch maintenance.
D. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant
to the County's Wildlife Protection Ordinance. Verification of compliance shall be
provided prior to issuance of a certificate of occupancy.
E. Fencing shall comply with the following, except for fencing immediately adjacent to the
buildings to contain pets or livestock:
1) Wood fencing shall employ three rails or less, be the round or split rail type, shall not
exceed 48 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.
. 2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not
Administrative Decision No..% -2007
Page 5
• exceed 42 inches in height.
3) All non -conforming fencing on the property must be brought into compliance.
F. Avoid fruit -bearing trees and shrubs in any landscaping.
G. Horse hay shall be fenced with 8' high mesh game-proo
I. If the pond is to be stocked with fish, the Applicant shall obtain a private lakes license
and a fish stocking permit from the Division of Wildlife.
J. Construction workers shall be prohibited from bringing dogs on-site during construction.
10. No development including grading, excavation, fill placement, berming, landscaping,
vegetation removal or disturbance, well or septic system shall occur outside of the approved
activity envelope, except as necessary to comply with the wildfire mitigation measures
described above. Activity within the Eli Cerise Access and Maintenance Envelope is limited to
access to the ditch and maintenance of the ditch by the ditch owners; any improvements within
this envelope shall be subject to review by the County's Floodplain Administrator. Activity
within the Landscaping/Grazing/Ditch Envelope is limited to maintenance of the ditch,
landscaping and grazing; future improvements to create a water feature in this envelope shall be
subject to review by a geologist to ensure the stability of the slopes.
11. Prior to commencement of any earthmoving or other construction activity, the Applicant shall
stake the corners of the activity envelope and install construction fencing around the
construction site within the perimeter of the activity envelope. The fencing shall remain in
place until issuance of a Certificate of Occupancy.
• 12. The caretaker dwelling unit shall be limited to 1,000 net livable square feet. The kitchen shall
contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and
broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73
cubic foot freezer. A minimum of one off-street parking space shall be provided for the unit.
The Applicant shall provide one off-street parking space for each bedroom in the caretaker unit.
The caretaker dwelling unit must have separately accessible utilities. This does not preclude
shared utilities.
13. Concurrent with recordation of the Site Plan, the Applicant shall obtain and the Housing Office
shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be
submitted to the Housing Office with the deed restriction and prior to issuance of a building
permit. The Housing Office may inspect the unit.
14. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses
within one growing season of the project's completion.
15. No calculations for height, bulk, setback, size, floor area, or any other building and zoning
requirements have been conducted. These requirements will be considered at the time of
building permit. Any structures represented in the application may not be permitted under
building and zoning regulations.
16. 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 § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights
• granted herein shall expire on'JL1aA__ 2010.
Administrative Decision No. !?--2007
Page 6
• 17. Failure to comply with the conditions of this approval may result in revocation of this
approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights
associated with this property.
APPROVED by the Director, thislgt, day of -:k.11a 2007.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the%day ofJU19 2007
Ctndy� Houb n,
Community Development Director
PID# 2264305300003
P0027-07
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EXHIBIT 'A'
LEGAL DESCRIPTION
PARCEL 1_
A tract of land situated in Lots 5 and 10. Section 5, Township 9 South,
Range 85 West of the 6th Principal Meridian described as follows:
Beginning at a point on the Southwesterly right-of-way line of the
D3RGW Railroad whence the SW corner of said Section 5-beare S 37'42' W
1521.00 feet; theme S 21050' W 766c08feet to the center of the
Roaring Fork River; thence 5 85'33•'-E 420.79 feet along the tante. of
the Roaring Fork River; thence S AW38'E 268.12 feet along the center I
of the Roaring Fork River; thence S 46^18' E 65.50 feet along the
center of the Roaring Fork River; tiionce S 32-37' E 49.41 feet along
the center of the Roaring Fork -River thence N 38054' E 585.68 foot to
a point on the Southwesterly right-of-way lie of the said D&RGW j
Railroad: thence Northwesterly along said right -of -ray line to the ■L
Point of beginning. 1 .1
M
A tract of land situated in Lot 10, Section 5, Township 9 South, Range
85 West of the 6th Principal Meridian described as follows: Beginning
at a point on the Southwesterly right-of-way line of the D&RGW Railroad
whence the SW corner of said Section'5 bears S 72017.30' W 1908.22
feet; thence N 61006' W 130.00 fast..slong said right-of-way line;
thence S 38054' W SOS -68 feet to t"e center of the Roaring Fork River;
thence S 32037' E 159.19 feet alona'the conter of the Roaring Fork
River; thence S 27035' E 10.93 foot along the center of tile Roaring
Fork River; thence N 366o6' E 636.84 foet to the Point of beginning.
y
44.
e
000032
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR
OF PITKIN COUNTY, COLORADO, APPROVING THE ROARING FORK RANCH
PARTNERSHIP ACTIVITY ENVELOPE AND CARETAKER DWELLING UNIT
Administrative Decision No.5�-2007
RECITALS
Roaring Fork Ranch Partnership ("Applicant") has applied to the Community Development
Director of Pitkin County ("Director") to establish an activity envelope for a single family
residence and a caretaker dwelling unit. The Applicant has also designated a
Landscaping/Grazing/Ditch Alignment Envelope that encompasses the drainage where the
O'Gara Ditch flows from the pond down to the Eli Cerise Ditch and an Eli Cerise Ditch
Access and Maintenance Envelope where the ditch is currently accessed.
2. The parcel contains 13.648 acres and is within the AR -10 and RS -20 zone districts.
3. The parcel is located on Upper River Road, and is more specifically described in Exhibit A.
4. The application was received after July 6h, 2006 and therefore is reviewed pursuant to the 2006
Land Use Code ("Code").
5. The parcel was legally created prior to 1972 and has not merged with any adjacent parcels.
6. The Director finds that the proposed activity envelope for the residence and caretaker unit is
consistent with the applicable requirements of the Code, as follows:
A. The activity envelope avoids slopes in excess of 30%.
B. The wildfire hazard is rated as low, and can be mitigated pursuant to the provisions of Sec.
7-20-60.c of the Code.
C. The activity envelope is located within mapped mule deer range, where development is
permitted pursuant to Sec. 7-20-70, subject to mitigation.
D. The activity envelope complies with the 100' stream setback and avoids the 100 year
floodplain.
7. The Director further finds that the proposed Landscaping/Grazing/Ditch Alignment Envelope
contains slopes in excess of 30% that were created as the ditch flowed through and eroded this
area, and, therefore, that the envelope complies with the exception for minor slope anomalies in
the Code.
8. The Director further finds that the proposed Eli Cerise Ditch Access and Maintenance
Envelope contains slopes in excess of 30% and is located within the 100 year floodplain and
the 100' stream setback, but that limited activity within the envelope may be permitted to
maintain the ditch and access to the ditch.
APPROVED by the Director, subject to the following conditions, which shall run with the land and
be binding on all successors in interest:
1. The Applicants shall adhere to all material representations made during the application process.
RECEPTION#: 539572, 07/03/2007 at
02:02:31 PM,
1 OF 7, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
Administrative Decision No. S7-2007
Page 2
2. Prior to submission of any building or other development permit applications, the Applicant
shall be required to submit for approval an application for Site Plan Review, pursuant to Secs.
2-30-20 and 7-10-50 of the Code. The parcel is within the mapped Scenic View Protection
Area, and, therefore, the Applicant shall demonstrate compliance at Site Plan Review with
the standards in Sec. 7-20-120.d and the rural character guidelines for building location in
Sec. 7-20-120.e of the Code, in addition to all other applicable criteria.
3. Prior to submission of the Site Plan Review application, the Applicant shall be required to
submit for approval by the County Attorney and Community Development an Activity
Envelope Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual
Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization
and recordation. The Activity Envelope Plan shall also incorporate the following changes:
A. Amend the southern boundary of the activity envelope to coincide with the fenceline in
those areas where the fenceline is beyond (north) of the 100' stream setback.
B. Amend the approval signature block to reference the Community Development Director
only (and not the Hearing Officer).
4. Prior to submission of a septic permit, the Applicant shall provide sufficient documentation to
the Environmental Health and Natural Resources Department to establish that the well meets:
(1) setback requirements, (2) the County's minimum requirements for an adequate water
supply, and (3) the County's ISDS Regulation minimum requirements for adequate water
quality.
5. Prior to issuance of a building permit for the residence or the caretaker dwelling unit, the
Applicant shall:
A. Obtain an access permit for the driveway, which shall be approved by the Planning
Engineer and the Community Development Department.
B. Obtain a fireplace/woodstove permit from the Community Development
Department, if necessary.
C. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or
geologist for review and approval by the planning Engineer.
D. Pay the applicable road and employee housing impact fees.
E. Obtain a septic system permit from the Environmental Health and Natural Resources
Department. The sewage disposal system must be designed by a registered professional
engineer and shall be located within the approved activity envelope.
F. Submit a construction management plan for review and approval by the Planning Engineer.
G. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes.
6. The parcel is exempt from the Growth Management up to 5,750 square feet of floor area.
7. The Applicant shall comply with the following standards for Development in a Low Wildfire
Hazard Area:
Administrative Decision No. _-2007
Page 3
A. Defensible Space: The area around all buildings/structures, limited by property
boundaries that may limit a property owner's ability to comply with this section, shall
incorporate landscaping with wildfire defensible space considerations as follows (note:
actual vegetation manipulation to meet these conditions may not be necessary where the
natural vegetation patterns have already fulfilled these conditions):
1) Brush, debris and non -ornamental Nhegetation shall be removed within a minimum
ten -foot (10') perimeter around all structures.
2) Vegetation shall be reduced to brea up the vertical and horizontal continuity of the
fuels at a minimum of a thirty (30) foot perimeter around the structures.
3) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter
shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the
clumps shall be equal to the height of the fuel. All measurements shall be from the
edges of the crowns of the fuel.
4) All branches from trees and brush within the thirty (30) foot perimeter shall be
pruned to a height of ten (10) feet above the ground with removal of ladder fuels
from around trees and brush.
5) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of
ten (10) feet between the edges of the crowns, except for mature stands of aspen trees
where ladder fuels have been removed. In areas of aspen regeneration, understory
shrubs and down and dead material$ shall be removed.
6) All branches that extend over the roof eaves shall be trimmed and all branches within
fifteen (15) feet of chimneys shall be removed.
7) The density of fuels up to a one hundred (100) foot perimeter of the structures shall
be reduced where natural reduction has not already occurred.
8) All deadfall up to a one hundred (100) foot perimeter shall be removed.
9) No new conifer trees shall be planted within ten (10) feet of a residence.
10) No flammable mulches shall be placed within two (2) feet of a residence.
11) The property owner shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
B. Roofing Materials: Class A covering or Class A assembly as defined by the currently
adopted Building Code. No wood shak s or shingles. All other adopted Building Code
compliant methods and materials per=`ed. Roofs with less than a 3:12 pitch are not
permitted unless they comply with the following:
1) All roof coverings shall be constructed of non-combustible materials and installed on
a Class A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of
clearing roof debris.
3) Protrusions above the roofline, such', as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted Building Code and shall have a
minimum pitch of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved
by the Fire Marshal prior to submittal of a building permit application.
C. Maintenance and Miscellaneous Requirements
1) Roofs and gutters shall be kept clear of debris.
Administrative Decision N�-2007
Page 4
2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-
fourth ('/4) inch maximum.
3) Any outbuilding shall adhere to the same wildfire requirements.
4) Yards shall be kept clear of all litter, slash and flammable debris.
5) All flammable materials shall be stored on a parallel contour a minimum of fifteen
(15) feet away from any structure.
6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height
not more than six (6) inches.
7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15)
feet away from the structure.
8) Swimming pools and ponds shall be accessible by the local fire district.
9) Fences shall be kept clear of brush and debris.
10) Wood fences shall not connect to oi her structures.
11) Fuel tanks shall be installed underg ound with an approved container.
12) Propane tanks shall be buried, if poisible, or installed according to NFPA 58
standards and on a contour away from the structure with standard defensible space
vegetation mitigation around any at 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 he walls.
13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
14) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall
be visible at the primary point of access from the public or common access road and
installed on a non-combustible post,
15) Utilities shall be extended underground.
8. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire
Protection District, including but not limited to access, turning around of fire apparatus,
installation of an approved fire sprinkler system and a minimum 20,000 gallon water supply for
fire fighting.
9. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Set back the residence and caretaker unit as far as possible from the edge of the draw in
the middle of the parcel.
B. Dogs shall be kenneled within 50' of the residence or leashed under human supervision
when outside of the kennel.
C. Native vegetation shall be maintained outside of the activity envelope. Existing
vegetation shall be maintained within the Landscaping/Grazing/Ditch Alignment
Envelope and the Eli Cerise Ditch Access and Maintenance Envelope, except as allowed
for ditch maintenance.
D. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant
to the County's Wildlife Protection Ordinance. Verification of compliance shall be
provided prior to issuance of a certificate of occupancy.
E. Fencing shall comply with the following, except for fencing immediately adjacent to the
buildings to contain pets or livestock:
1) Wood fencing shall employ three rails or less, be the round or split rail type, shall not
exceed 48 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.
2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not
Administrative Decision No..% -2007
Page 5
exceed 42 inches in height.
3) All non -conforming fencing on the property must be brought into compliance.
F. Avoid fruit -bearing trees and shrubs in any landscaping.
G. Horse hay shall be fenced with 8' high mesh game -proof fencing.
H. Construction shall be prohibited from December 1 through March 31.
I. If the pond is to be stocked with fish, the Applicant shall obtain a private lakes license
and a fish stocking permit from the Division of Wildlife.
J. Construction workers shall be prohibited from bringing dogs on-site during construction.
10. No development including grading, excavation, fill placement, berming, landscaping,
vegetation removal or disturbance, well or septic system shall occur outside of the approved
activity envelope, except as necessary to comply with the wildfire mitigation measures
described above. Activity within the Eli Cerise Access and Maintenance Envelope is limited to
access to the ditch and maintenance of the ditch by the ditch owners; any improvements within
this envelope shall be subject to review by the County's Floodplain Administrator. Activity
within the Landscaping/Grazing/Ditch Envelope is limited to maintenance of the ditch,
landscaping and grazing; future improvements to create a water feature in this envelope shall be
subject to review by a geologist to ensure the stability of the slopes.
11. Prior to commencement of any earthmoving or other construction activity, the Applicant shall
stake the corners of the activity envelope and install construction fencing around the
construction site within the perimeter of the,activity envelope. The fencing shall remain in
place until issuance of a Certificate of Occupancy.
12. The caretaker dwelling unit shall be limited to 1,000 net livable square feet. The kitchen shall
contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and
broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73
cubic foot freezer. A minimum of one off-street parking space shall be provided for the unit.
The Applicant shall provide one off-street parking space for each bedroom in the caretaker unit.
The caretaker dwelling unit must have separately accessible utilities. This does not preclude
shared utilities.
13. Concurrent with recordation of the Site Plan, the Applicant shall obtain and the Housing Office
shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be
submitted to the Housing Office with the deed restriction and prior to issuance of a building
permit. The Housing Office may inspect the unit.
14. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses
within one growing season of the project's completion.
15. No calculations for height, bulk, setback, sized floor area, or any other building and zoning
requirements have been conducted. These requirements will be considered at the time of
building permit. Any structures represented in the application may not be permitted under
building and zoning regulations.
16. 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 § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights
granted herein shall expire on___JLrL0 2010.
Administrative Decision No. ST -2007
Page 6
17. Failure to comply with the conditions of this approval may result in revocation of this
approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights
associated with this property.
APPROVED by the Director, this,.Abo, day of „� , 2007.
PUBLISHED AFTER ADOPTION FOR VE TED REAL PROPERTY RIGHTS in the
Ashen Times Weeklv on the/
day of 2007
2007
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Andy uben,
Community Development Director
PID# 2264305300003
P0027-07
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EXHIBIT 'A"
LEGAL DESCRIPTION
A tract of land situated in Lot 5 and 10, Section 5, Township 9 South,
Range 85 4'est of the 6th Principal Meridian described as follows:
Beginning at a point on the Southwesterly right-of-way line of the
D&RGW Railroad whence the SW corner of said section 5 -bears S 37'42' W
1521.00 feet; thence S 2105o' W 76608 feet to the center of the
Roaring Fork River; thence S 854 3' E 420.79 feet along the center of
the Roaring Fork River; thence S-,51'38' E 268.12 feet along the center
of the Roaring Fork River; then S,46*18' E 65.50 feet along the
center of the Roaring Fork River; t -hence S 3237' E 49.41 feet along
the center of the Roaring Fork R ver thence N 3854' E 585.68 feat to
a point on the Southwesterly rig t -of -way lie of the said D&RGW
Railroad; thence Northwesterly a.ang said right -of -.gay line to the
point of beginning.
AND
A tract of land situated in Lot LO, Section S. Township 9 South, Range
85 West of the 6th Principal Mer dian described as follows: Beginning
at a point on the Southwesterly fight -of -way line of the D&RGW Railroad
whence the SW corner of said Sec ion*5 bears S 72°17.30" W i908.22
feet; thence N 51006' W 130.00 feet -along said right-of-way line;
thence S 38°54' W 585.68 feet to the center of the Roaring Fork River;
thence S 3237' E 159.19 feet al ng :the -center of the Roaring Fork
River; thence S 27'35' E 10,93 f et:83ong the center of tine Roaring
Fork River; thence N 36°06' E 636.5-4 feet to the point of beginning_
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000032
STAFF
MEMO
MEMORANDUM
TO: Cindy Houben, Pitkin County Community Development Director
FROM: Suzanne Wolff, Senior Planner
RE: Roaring Fork Ranch Partnership Activity Envelope and Caretaker Dwelling Unit
DATE: June 26, 2007
REQUEST: The Applicant proposes to establish an activity envelope for a single family residence and
obtain approval for a caretaker dwelling unit
APPLICANT: Roaring Fork Ranch Partnership
REPRESENTATIVE: Grafton Smith
LOCATION: Upper River Road
ZONING/LOT SIZE: The parcel contains 13.648 acres. The parcel is within the AR -10 and RS -20 zone
districts.
EXISTING CONDITIONS: The parcel is located between Upper River Road and the Roaring Fork River
and is vacant. The parcel is primarily comprised of gently sloping pastures, with a steep bank that abuts the
river. Two ditches traverse the property: the Eli Cerise Ditch runs along the bank above the river and the
O'Gara Ditch enters the property at the northeast corner, enters a pond and ultimately empties into the Eli
Cerise Ditch.
REFERRAL COMMENTS: Comments from the Division of Wildlife, Aspen Fire Protection District,
Environmental Health and Natural Resources and Housing are attached for reference.
STAFF COMMENTS:
GROWTH MANAGEMENT: The parcel was legally created prior to 1978, and, therefore, is exempt from
Growth Management up to 5,750 square feet, pursuant to Land Use Code Sec. 6-30-100.a.
ACTIVITY ENVELOPE: The Applicant has requested approval of an activity envelope within which to
construct a single family residence (east end of the envelope) and a caretaker dwelling unit and accessory
building(s) (west end of envelope), and to conduct associated development activities. The proposed activity
envelope comprises the open pasture area, and does not include the steep slope down to the Roaring Fork
River. The Applicant states that the activity envelope avoids constrained areas and is of adequate size to
accommodate the proposed uses and associated development. In addition, the Applicant has designated a
Landscaping/Grazing/Ditch Alignment Envelope that encompasses the drainage where the O'Gara Ditch
flows from the pond down to the Eli Cerise Ditch and an Eli Cerise Ditch Access and Maintenance Envelope.
Site plan review will be required prior to submission of any development applications.
Steep/Potentially Unstable Slopes & Grading: The activity envelope does not contain any slopes in excess
of 30%. The Eli Cerise Access and Maintenance Envelope contains slopes in excess of 30%, however, only
access to the ditch for maintenance will be permitted in the envelope. The Landscaping/Grazing/Ditch
Envelope also contains slopes in excess of 30%; these slopes were created as the ditch flowed through and
• 000001 6-� Z
eroded this area. The Applicant proposes to utilize this envelope for "maintenance, control, elimination
and/or eventual construction of an expanded water feature that would increase the accessible surface water on
the property for advantage of both livestock and wildlife." Any improvements within this area would be
subject to review by a geologist to maintain the stability of the slopes.
Water Courses & Drainage: The proposed development will not encroach on the Roaring Fork River or
wetland areas. Historical drainage flow patterns will be maintained and adequate drainage will be provided.
The Applicant has included an envelope to ensure access to the Eli Cerise Ditch by the ditch owners. The
Applicant will be required to submit a drainage and erosion control plan and a revegetation plan for review
and approval with the building permit application.
Floodplain: The activity envelope avoids the 100 year floodplain. The proposed ditch access and
maintenance envelope does encroach within the 100 year floodplain; any improvements or modifications
within this envelope will be subject to review by the County's Floodplain Administrator prior to any work
being done.
Wildfire: Eric Petterson rates the wildfire hazard as low. His recommendations are included in the
conditions of approval.
Wildlife: According to the Division of Wildlife, the parcel is not within mapped elk winter range, but is
within mapped mule deer winter range. In addition, the property is adjacent to mule deer and elk severe
winter range, which is located across Upper River Road on the south facing slopes. The DOW notes that the
main value for wildlife is the riparian habitat along the river and the draw that leads from the pond to the
river. The DOW recommends placing the buildings as far as possible from the draw to preserve this as a
small movement corridor for wildlife. The DOW also recommends that the boundary of the activity envelope
correspond with the existing fenceline, rather than the 100' setback from the river, to preserve the native
vegetation on the south side of the fence; staff supports this request.
Eric Petterson prepared a wildlife assessment for the parcel. He concludes, "It is unlikely that the
development of the site will result in any significant direct or indirect loss of important wildlife habitat;
however, there is a significant concern over potential impacts to deer migration routes." His
recommendations to mitigate impacts are included in the conditions of approval.
As the property is located within mule deer winter range, dogs shall be kenneled and construction shall be
prohibited from December 1 through March 31.
River and Stream Corridors and Wetlands: The activity envelope complies with the required 100' setback
from the high water line of the Roaring Fork River. The proposed ditch access and maintenance envelope is
within the 100' setback. Staff supports inclusion of the ditch and associated structures within an envelope,
but would note that only the ditch owner may develop, improve or modify the access or ditch, and then only
subject to review by the County.
Scenic Review: The parcel is within the designated Scenic View Protection Area; the Applicant will be
required to demonstrate compliance with the Scenic View Protection criteria at site plan review.
GMOS EXEMPTION FOR CARETAKER DWELLING UNIT (LUC Sec. 6-30-40): The Applicant
proposes to construct a Caretaker Dwelling Unit on the west end of the activity envelope. Pursuant to
Subsection 6-30-40(2)(C), one detached CDU of up to 1,000 square feet of net livable square feet is
exempt from growth management, subject to special review and the following criteria:
• The floor area of the caretaker unit shall be included in the total allowed floor area.
• One parking space shall be provided.
• The unit shall be deed restricted for use by qualified employees as defined in the Housing Guidelines
or members of the owner's immediate family.
10 000002
• The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake
and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73
cubic foot freezer.
• The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared
utilities.
SPECIAL REVIEW: Special Review approval is required to construct a caretaker dwelling unit, subject
to compliance with the following standards. It is the Applicant's intention to build the caretaker unit first
as the principal residence on the property, and then to deed restrict the unit once the main residence is
built.
A. The special review use shall be consistent with the applicable County Master Plan.
Response: The proposed caretaker dwelling unit is not inconsistent with the Woody Creek Master Plan.
B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use
Code, including the County Land Use Policies in Chapter 1.
Response: The proposed caretaker dwelling unit does not conflict with the applicable provisions of the
Code, as specified within this memorandum, or with the County land use policies.
C. The proposed development must not materially endanger the public health, safety or welfare.
D. The proposed development must not substantially injure the value of adjoining or abutting property.
Response: Staff has no information that would indicate that the caretaker dwelling unit would endanger
the public health, safety or welfare, or injure the value of adjacent properties.
D. The special review use shall be consistent with the intent of the Zone District in which it is proposed
to be located.
Response: The caretaker dwelling unit is consistent with the intent of the AR -10 and RS -20 zone
districts.
E. The special review use shall be compatible with the character of the immediate vicinity of the parcel
proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses
and activities in the immediate vicinity of the parcel proposed for development.
Response: The proposed caretaker dwelling unit is compatible with surrounding residential uses
F. The location, size, design and operating characteristics of the proposed special review use must be in
harmony with the surrounding area and minimizes adverse effects, including visual impacts, impacts on
pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water pollution
or other impacts on natural resources, noise, vibrations and odor on surrounding properties.
Response: The proposed caretaker dwelling unit is compatible with surrounding residential uses and adverse
effects will be minimized. The unit will be constructed on the west end of the property, which clusters it with
an existing barn on the adjacent parcel.
G. There must be adequate public facilities and services to serve the special review use, including but not
limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services,
hospital and medical services, drainage systems, and schools.
• 000003
Response: There are adequate facilities to serve the caretaker unit.
H. The proposed special review use must comply with any additional standards or requirements stated
for such use in Sec. 4-30 and/or Sec. 2-40-20.
Response: The standards from Sec. 4-30 are addressed above, and no standards from Sec. 2-40-20 are
applicable.
RECOMMENDATION: Staff recommends that the Director approve the Roaring Fork Ranch Partnership
Activity Envelope and Caretaker Dwelling Unit, subject to the conditions of the attached Administrative
Decision.
ATTACHMENTS:
A. Division of Wildlife
B. Environmental Health & Natural Resources
C. Housing
00000
STATE OF COLORADO
Bill Ritter, Jr., Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
-�
Jf
AN EQUAL OPPORTUNITY EMPLOYER
y4
Off, OF,
Mark B. Konishi, Acting Director
6060 Broadway
For Wildlife -
Denver, Colorado 80216
For People
Telephone: (303) 297-1192
wildlife. state. co. us
April 14, 2007
Pitkin County Community Development
130 S. Galena
Aspen, CO 81611
RE: Roaring Fork Ranch Partnership Activity Envelope
Dear Mike:
Roaring Fork Ranch does not lie within any mapped elk winter range area but does lie within mule deer winter range. The ranch lies
adjacent to mule deer and elk severe winter range located across Upper River Road on the south facing slopes. Elk do utilize the property
during the winter, being attracted by the horse hay. They will also move across the property n the area of the pond and follow the draw
down toward the riparian area and Roaring Fork River. Black bear inhabit the area and there have been some conflicts.
The ranch is a fairly disturbed site with existing homes and activity on both sides of the prcposed development as well as an active horse
ranch and pastures. Winter range use is minimal and the main value for wildlife is the riparian habitat and the draw which leads from the
pond to the river. Placement of the homes as specified in the application should not have a significant impact to wildlife due to existing
disturbances. These homes should be placed as far back as possible from the draw in order to help preserve this as a small movement
corridor for wildlife.
The pond currently does not contain fish. If the pond is enlarged in order to stock and hold fish, the applicant will need a private lakes
license and a fish stocking permit. In addition, ponds are ideal production areas for tubifex worms which are the intermediate host for the
whirling disease parasite. Whirling disease is thought to be a major factor in the declines of wild rainbow trout populations. If ponds, such
as this one, are hydrologically connected to adjacent river habitats, the pond could become a perpetual point source of water born spores
and production area for the whirling disease parasite. This could have significant impacts to long term fish survival and recruitment in the
Roaring Fork River. Possible mitigation measures could include ultra -violet irradiation and ozone gas or the creation of properly designed
wetland biofilters constructed at the discharge points of the pond. The Division would be happy to provide further details if the applicant or
county wishes.
The following recommendations will help minimize impacts to wildlife:
I . maintain as large a setback as possible from the edge of the draw to the homesites. Draw should be maintained in its native
vegetation
2. the 100' stream setback should be maintained and no homes should extend past the existing rail pasture fence; this includes
decks
3. riparian area should be maintained and no removal of vegetation, including dead or dying cottonwoods as these are
important for cavity nesting birds and perching sites for owls, eagles, and raptors
4. implement measures outlined under section 7-20-70 of the land use code
5. horse hay should be fenced with 8'mesh game proof fencing
6. contractors/construction workers should not be allowed to bring dogs on site during construction. The Division has had
problems with construction workers dogs chasing wildlife.
Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wrightat 947-2920.
Sincerel ,
erry Will
Area life Manager
Cc: R. Velarde, K. Wright, file
'NNED
A[.3JO
DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director
WILDLIFE COMMISSION, Tom Burke, Chair • Claire O'Neal, Vice Chair • Robert Bray, Secretary
Members, Dennis Buechler. Brad Coors • Jeffrey Crawford • Tim Glenn • Roy McAnally e Richard Ray
000005 Ex Officio Members, Hams Sherman and John Stulp
MEMORANDUM
To: Suzanne Wolff, Planning Department
From: Warren C. Rider, Environmental Health & Natural Resources
Department
Date: June 21, 2007
Re: Roaring Fork Ranch Partnership Activity Envelope Review &
Caretaker Dwelling Unit Special Review with Vesting
(Parcel ID # 2643-053-00-003; Case P027-07)
-------------------------------------------------
-------------------------------------------------
SUMMARY OF RELEVANT PARTS OF APPLICATION: Applicant requests an Activity
Envelope Review and detached Caretaker Dwelling Unit Special Review with Vesting on the
subject property.
The Pitkin County Environmental Health & Natural Resources Department has reviewed the
details of the Roaring Fork Ranch Partnership application under the authority of the Pitkin
Countv Land Use Code and has the following comments.
WATER COURSES AND DRAINAGE: 7-20-30:
Applicant has committed to following the conditions of the Code referring to water courses and
drainage. Applicant will be required to submit details for approval relating to drainage and
erosion control as a condition of approval for future permit applications. Applicant will also be
required to submit a detailed revegetation plan for approval, for the areas of disturbance with
appropriate seed mixes. (See also Section 7-20-40(d)(4) and (7).
FLOODPLAIN HAZARDS: 7-20-40:
Applicant proposal does not include disturbance within the FEMA mapped 100 -year floodplain.
However, the proposed access envelope for ditch maintenance does encroach within the
floodplain. Any improvements or modifications to the property within the 100 -year floodplain will
be subject to review by the Pitkin County Floodplain Administrator prior to any work being done
in the floodplain.
RIVER AND STREAM CORRIDORS AND WETLANDS: 7-20-80:
Applicant proposal requests an access envelope within the 100 -foot setback to the features
identified in section 7-20-80(a)(1). The irrigation structures on the property may need
maintenance and do lie within the 100 -foot setback in some areas. It will be the responsibility of
the ditch owner/owner representative to get the proper approvals for any work being conducted
in the 100 -foot setback and comply with all applicable sections of the Pitkin County Land Use
Code. Approval of the access envelope for irrigation infrastructure shall not convey a
Printed - Recycled Paper 1
00(1066
right to develop, improve, or modify the access by parties other than the ditch
owner/owner representative. Any proposed work on these structures or accesses will
provide consent from the ditch owner if proposed by a party other than the ditch owner.
Pitkin County Natural Resource Specialist recommends approval of the application as it relates
to the above section of the Pitkin County Land Use Code. Applicant has met the requirements
for protection of water resources, wetland resources, and riparian resources. Approvals should
clearly address the above requirements for improvements proposed for the irrigation access
envelope.
-.000007 Printed on Recycled Paper
MEMORANDUM
TO: Mike Kraemer, Community Development Department
FROM: Cindy Christensen, Housing Office SCANNED
DATE: March 19, 2007
RE: Roaring Fork Ranch Partnership Special Review for a CDU
Parcel ID No. 2643-053-00-003; P027-07
ISSUE: The applicant is requesting approval for an activity envelope and construction of a
detached caretaker dwelling unit.
CARETAKER DWELLING UNIT: According to Section 4-30-50(e)(1), Caretaker Dwelling
Units, in the RS -160, RS -35, RS -30, AR -10, AR -2, R-30, R-15, R -15A and R-6 zone districts, a
CDU is a permitted accessory use provided that:
1. It is attached to a single-family home.
2. The lot or parcel on which it is located conforms to the minimum lot area requirements for
each dwelling in the zone district in which the caretaker dwelling unit is located.
3. The caretaker dwelling unit shall not exceed 1000 net livable square feet on lots or parcels
that are 30,000 square feet or greater in lot area, and 700 net livable square feet on lots or
parcels that are less than 30,000 square feet in lot area.
4. The floor area of the caretaker unit shall be included in the total allowed floor area for the
lot or parcel of land.
5. One off-street parking space shall be provided for each caretaker dwelling unit
6. The applicant shall, by deed restriction or other permanent commitment running with the
land, guarantee that the caretaker unit shall not be required to be rented; not be sold or
otherwise conveyed or separated from the original parcel regardless of the ultimate form of
ownership of the caretaker unit; be limited to occupancy by not more than two adults and
related children, who qualify as (and have been found by the Housing Authority to be)
employees of the community under such guidelines as may be from time to time established
by said authority; be rented for terms not less than six months if rented. The caretaker
dwelling unit may be occupied by members of the immediate family even though they may
not qualify as employees of the community. "Immediate family" shall mean a person
related by blood or marriage who is a first cousin (or closer relative) and his or her children.
7. The caretaker dwelling unit restriction may be removed by the property owner upon
approval of the Community Development Director, subject to the requirement that the
00000:"
dwelling is removed or modified. If modified, the remaining improvements must no longer
be capable of occupancy as a dwelling unit and must meet otherwise applicable Code
requirements.
8. The provisions of this regulation are for the purpose of providing a voluntary caretaker
dwelling unit on a legally created lot or parcel in the County. Any unit approved under this
provision shall not be used for mitigation of employee housing requirements as established
elsewhere in the Land Use Code.
Section 4-30-50e(2), states that a CDU located in the LIR-35, VR, B-2, VC, P-1 or T zone district,
or located on a lot or parcel that does not meet the minimum lot area requirements for each
dwelling unit in the zone district where it is located, or is detached from the principal single-family
dwelling on the lot or parcel, shall require approval through the Special Review process stated in
Chapter 2 of the Land Use Code and meet the requirements of paragraphs 3 through 7 above.
RECOMMENDATION: Staff recommends approval of this request under the following
conditions:
1. Conditions 3 through 6 stated above are met.
2. The kitchen contains at a minimum a two -burner stove with oven, standard sink, and a
refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic
feet; the sink must measure at least 14"WX16"DX5.25"H; refrigerator must be at least 5.3
cubic feet and include at least a .73 cubic foot freezer.
3. A copy of the floor plans for the proposed caretaker dwelling unit shall be provided prior to
building permit approval.
4. A deed restriction shall be recorded prior to issuance of a building permit.
5. Upon completion of the unit, but prior to Certificate of Occupancy, staff may conduct an
inspection of the unit for compliance.
E
000003-
To: Mike Kraemer, Community Development Department
From: Ed Van Walraven, Fire Marshal
CC:
Date: May 29, 2007
Re: Roaring Fork Ranch Partnership; PID 2643-053-00-003; Case P027-07
Mike,
This project shall meet all of the codes and requirements of the Aspen Fire Protection District.
This includes but is not limited to Fire Department Access (International Fire Code 2003
Edition Section 503), Turning around of fire apparatus (IFC Section 503.2.5), Due to location
an approved fire sprinkler system shall be provided in all structures regardless of size (IFC as
amended Section 903), Water supply, a minimum of 20,000 gallons (IFC Section 508), and
detailed wildfire mitigation plans for both landscaping and structural standpoints shall be
submitted.
Please note Section (3) Water supply for Fire Safety; subsection (b) page 15 of the
application incorrectly states a 1,000 gallon storage capacity, please refer to the above for
correct water requirements.
Please have the applicant contact the Fire Marshal's Office for specifications on the above
requirements.
Thank you,
6—
Ed
• , 000010
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000011
MOUNTAIN ECOLOGICAL SERVICES, INC.
LIFE -VEGETATION -WILDFIRE MITIGATION -WETLANDS -PLANNING
ROARING FORK RANCH PARTNERSHIP PARCEL
WILDLIFE ASSESSMENT REPORT
PREPARED FOR:
GRAFTON SMITH PLANNING
APRIL 2007
0222 BOBCAT LANE • REDSTONE • COLORADO • 81623
PHONE/FAX: (970) 963-2190 • CELL: (970) 309-4454
EMAIL: ERIC.PETTERSON@STARBAND.NET
RFRP Parrel A%ildlifeAssessment Abril 12. 2007
April 12, 2007
Grafton Smith
Grafton Smith Planning
0187 West Lupine Dr.
Aspen, CO 81611
RE: Roaring Fork Ranch Partnership Parcel, Wildlife Assessment
Dear Mr. Smith
Please submit this letter with your application to Pitkin County.
I visited the Roaring Fork Ranch Partnership Parcel on February 16, 2007 to assess the area
for establishment of an activity envelope and likely construction of a single family home and
accessory buildings, and the potential impacts to wildlife and habitat in the area. This
assessment is based on: (1) February 16, 2007 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 2007);
and (4) the author's experience in recognizing, avoiding, minimizing, and mitigating potential
impacts of development on wildlife and other ecological resources in the Roaring Fork area.
This wildlife analysis is based on current conditions and expected wildlife use in the area
given the current human occupation and use of the area, as well as expected impacts from
construction activities on the property. Discussions with the Colorado Division of Wildlife
have not occurred for this property. This report was produced to address potential issues
regarding Pitkin County Land Use Code 7-20-70 Wildlife Habitat Areas.
1.1. Proposed Activities
The Roaring Fork Ranch Partnership (RFRP) and their representative Mr. Grafton Smith are
proposing the designation of an activity envelope for this parcel.
1.2. Existing Conditions
The parcel is generally dominated by
irrigated pastures, with a riparian
forest/shrubby habitat type bordering the
Roaring Fork River. The Roaring Fork
River forms the western boundary of the
parcel, and the Rio Grande Trail roughly
delineates the eastern boundary. The
southern boundary of the parcel is
another parcel with a single family home
on it, and the northern boundary is the
O'Donnell parcel, which contains a
single family home, multiple accessory
Photo of draw bisecting parcel
0222 BOBCAT LANE • REDSTONE • COLORADO • 81623
PHONE/FAX: (970) 963-2190 • CELL: (970) 309-4454
EMAIL: ERIC.PE'ITERSON@STARBAND.NET
6 000013 S
kFRP- Parcel Wildlife Assessment Abril 12. 2007
buildings, barn and riding arena. Historically, the area has been used for agricultural
purposes, generally irrigated hay meadows and pastures, and more recently has been used
as horse pastures. The area around the RFRP parcel has relatively low to moderate levels
of human development and residences. As previously mentioned, the Rio Grande Trail and
Upper River Road are adjacent to the property.
The property can be characterized as a mid-level bench adjacent to the Roaring Fork River.
Various benches occur on the property which was likely created by historic flood and river
flow regimes. The lower bench which is adjacent to the river is dominated by a combination
of narrowleaf cottonwood (Populus angustifolia), willow (Salix spp.), and Colorado blue
spruce (Picea pungens). This area has minor modifications from the presence of the Eli
Cerise ditch and a ditch access road. Wetlands in this area are also common, and were
generally dominated by sedge (Carex spp.) systems and riparian/transitional shrubby areas
(including Wood's rose (Rosa woodsii), currant (Ribes spp.), chokecherry (Prunus
virginiana), snowberry (Symphorocarpos oreophilus), twinberry (Lonicera involucrata),
raspberry (Rubus idaeus) and clematis (Atragene occidentalis) among other plant species.
The slope rising from the riparian areas adjacent to the Roaring Fork River up to the
meadows are dominated by Gambel's oak (Quercus gambelil) with a few Douglas -fir
(Pseudotsuga menziesil) trees of various sizes, chokecherry, and Engelmann spruce (Picea
engelmannii). The understory of the Gambel's oak patches contained chokecherry,
serviceberry (Amelanchier alnifolia), snowberry, bitterbrush (Purshia tridentata) and Wood's
rose. Grasses and forbs were dominated by Oregon grape (Mahonia repens), elk sedge
(Carex geyen), goldenrod (Solidago spp.) and others. In the middle of the parcel is a
depression/drainage that drains irrigation waters off of the parcel down to the Eli Cerise
ditch. This small drainage has Gambel's oak trees and other understory brushy species.
Just to the east of this drainage is a recently constructed pond. At this time the pond does
not support wetland or riparian vegetation and no riparian habitats. Ditches on and adjacent
to the property have allowed the establishment of large cottonwood trees and willow. Upland
meadows are flood irrigated and are dominated by agricultural grasses including smooth
brome (Bromus anomalus), orchardgrass (Dactylis glomerata) and others.
Noxious weeds from the previous year were apparent, including Canada thistle (Cirsium
arvense) and plumeless thistle (Carduus acanthoides). Along the Rio Grand Trail, common
tansy (Tanacetum vulgare) is infesting the right-of-way.
Habitats in the greater area around the property can be generally divided into four different
vegetation types: riparian woodlands associated with the Roaring Fork River, agricultural
meadows, pinyon -juniper (Pinus edulis and Sabina utahensis) hillsides (on more xeric sites),
and Gambel's oak shrublands (on more mesic sites).
1.3. Wildlife Use on the Property
Elk and Mule Deer
Elk
The Property does not have any mapped elk winter range on the property (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 heavy snowfall to spring green -up, or
during a site specific period of winter as defined for each Data Analysis Unit." Despite this
property not being mapped as winter range, there is likely some elk use during the winter
Aft-
IROCKY MOUNTAIN ECOLOGICAL SERVICES, INC
2
RFRP- Parcel Wildlife Assessment Abril 12. 2007
months. The property is very close to mapped elk winter range, and field verification
revealed some very light elk browse on shrubs preferred as winter forage (e.g., serviceberry,
chokecherry) but no elk tracks or other sign were found. Elk likely migrate through the
property during the early winter months to access more widespread winter ranges on the
west side of the Roaring Fork River. The Property does not contain any mapped or field
verified elk critical habitat, migration corridors, production areas, severe winter range, or
winter concentration areas.
Mule Deer
Mule deer can be found on and around the property throughout the year but the parcel 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. However
the property lies immediately within the path of a mapped highway crossing area. Habitat
conditions on the property provide deer both browsing habitats as well as security cover
areas in riparian woodlands and shrubby areas. Given that the property is very close to
CDOW mapped mule deer crossing areas, it is reasonable to assume that deer filter through
the property as they utilize this crossing area. Deer browsing of shrubby habitats, and deer
use of forested areas for cover is also likely.
Bald Eagles and Other Raptors
There is no bald eagle, golden eagle or other raptor nests on the property. The Roaring Fork
River corridor adjacent to the property provides bald eagle roosting sites and hunting
perches, however no "mapped" perch records were located. The river itself provides
foraging opportunities for bald eagle to prey upon trout, but CDOW mapping and field
verification indicates that the concentration of wintering big game herds in the area provide
bald eagle upland scavenging opportunities from winter -killed big game. Within Colorado,
bald eagles are known to significantly utilize carcasses of winter -killed big game, and bald
eagles often are found near big game winter concentration areas. Nevertheless, bald eagle
use of the Roaring Fork River in the area of the property has been documented, and it is
reasonable to assume that bald eagle to perch and hunt along the Roaring Fork River within
the property boundaries. Bald eagles are also known to travel up and down the river
corridor, likely passing through the parcel.
Black Bears
The general area contains excellent black bear habitat and bears are common April through
November. Residents in the greater Woody Creek and Aspen Village areas have
experienced significant human -bear conflicts in the past years and some bears have shown
signs of food -conditioning. Once a bear becomes food- or garbage conditioned it has a
greater propensity toward human -bear conflicts. It is very likely that bears are using the
riparian areas on the parcel during the summers and fall months. The larger agricultural
meadows do not provide bears preferred food sources (berries, forbs and mast (acorns)), nor
do the meadows provide shelter or cover for bears.
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
Aftl
ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC 3
000015
RFRP- Parcel WildlifeAssessment Abril 12. 2007
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).
The upland areas should be checked for jurisdictional wetlands (as per section 404 of the
Clean Water Act guidance and US Army Corp of Engineers regulatory guidance) prior to final
location of a homesite. The property contains significant riparian habitats adjacent to the
Roaring Fork River.
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. The property contains many
wetland areas; however no wetland areas are likely to be impacted. Wetlands that may be
near activity areas should be formally delineated to avoid impacts.
POTENTIAL EFFECTS OF THE PROPOSED PROJECT
Given the brief description of the parcels existing conditions, it is unlikely that the
development of this site will result in any significant direct or indirect loss of important wildlife
habitat; however there is a significant concern over potential impacts to deer migration
routes. The following sections detail the potential impacts and provide impact minimization
recommendations.
Bia Game- It is important that property owners and contractors realize they are living/working
within a wildlife habitat area, and that their activities can have significant negative impacts to
elk and deer biology in the area. The property in general is within a deer movement area as
deer filter to and from the deer highway crossing area. The development of a home on this
parcel will likely negatively affect the ability of deer to access the migration area through the
causation of deflecting deer around the homesite. The most significant impacts, however,
will likely occur during the construction process, as this generally increases traffic, noise, and
other factors which reduce the ability for wildlife to continue utilizing the area unmolested. Of
particular note is that contractors frequently bring dogs to construction sites, where dogs are
then allowed to run loose and potentially harass wildlife. As this homesite is not within view
of main roads, the potential for dogs to run loose and harass wildlife without consequence at
this site is significant. If possible, moving the final location of the homesite and accessory
buildings either to the south near the neighboring house, and/or to the northern end of the
parcel would be best to allow migrating deer the ability to utilize the shrubby draw bisecting
the parcel. Keeping a residence far from this shrubby draw will allow more of a buffer for
deer to cross the property. Augmenting the draw or upland hay meadows with more shrubby
cover will provide more security for deer moving through the area, and will help to visually
buffer the presence of a new home on this site. Additionally the following mitigations are
required by Pitkin County Land Use Code:
Dogs are to be kenneled or kept inside the residences while on the property during
the winter months (November 15 through April 15). If dogs are kept on the property,
and are even kenneled or kept inside, barking dogs (or dogs that get loose) may
harass deer/elk moving through the area. This dog kenneling includes dogs owned
by contractors, subcontractors, delivery personnel, employees, owners and their
guests. Due to the location and proximity of this parcel to sensitive wildlife habitat
ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC
''00001G
4
RFRP- Parcel Wildlife Assessment Abri! 92. 2007
and movement areas, construction workers should not be allowed to bring dogs on
site.
2. As the property currently is used for horse boarding, fencing is necessary, but this
can have a negative impact on wildlife. Beyond what is needed for containment of
livestock, fences of significant length or size should be prohibited from the property in
order to facilitate deer (and to a lesser degree elk) movement across the area. Small
decorative fences are allowed as long as they are not more than 20' in length, and
must be separated by at least 20' of open space, and then fences should be wildlife
friendly. Fences should not have any wire strands. Bottom rails should be at least
18" above the ground to facilitate ease of any deer fawns or elk calves (or other
wildlife) that cross the property. The top rail should not be higher than 42". Split rail
fences or fencing materials that are easily visible to running wildlife is recommended.
Spacing between rails should be at least 12" to allow a kickspace for animals jumping
over the fence. However, fences in general are strongly discouraged. Fences
immediately adjacent to the home are allowed to keep dogs and pets from wandering
off. Fences for pets and livestock do not need to conform to the above "wildlife
friendly" standards.
3. Homeowners should avoid feeding cats and other pets outside their homes, including
on decks, to avoid attracting nuisance wildlife or predators. Free roaming cats may
become prey for other species. Cats in general are discouraged as the property is
within excellent and diverse bird habitat, where many neotropical breeding birds
would be easy prey for cats.
4. CDOW and County representatives may be granted access to the property to enforce
any of the dog restrictions and other wildlife restrictions set within these
recommendations. CDOW enforcement may include the capture or destruction of
any dogs running at large and harassing wildlife within the property, regardless of
where the dogs may have originated.
5. As the property is near deer and elk winter ranges, there will be damage and use of
the landscaping by big game. The property owners are hereby informed that CDOW
will not be liable from elk damage and not seek funding for game damage
reimbursement from CDOW. Owners are prohibited from scaring, chasing, or
otherwise causing big game to leave the area in order to protect landscaping and
vegetation on the property.
6. As big game moving through the area at night will be sensitive to lighting, exterior
lights are discouraged from being left on during the winter months (November 15
through March 15t). Lights on the exterior of the house must be downcast with
shielding to prevent lateral lighting of vegetation within the area. Shielding of large
windows with window coverings is encouraged during nighttime hours during this time
as well, as big game seeing human movement within the illuminated house will avoid
the area and will often flee.
7. In order to provide more cover and security for deer moving through the parcel,
keeping the net amount of shrubby cover within or around the draw with Gambel's
oak or other shrubby species is recommended. Mr. Grafton Smith indicated that
creation of ponds surrounded by native vegetation may be planned for the draw, and
this would be compatible with deer movements as the ponds will likely be fairly small.
If ponds do go into the draw, increasing the depth of the Gambel's oak stands on the
CKY MOUNTAIN ECOLOGICAL SERVICES, INC
000017
5
RFRR Parcel Wildlife Asse sment Abril 12. 2007
sides of the draw furthers from the final location of the home is recommended if
possible. Either that, or incorporation of smaller "clumps" of oakbrush on the property
would also help buffer and provide increased security screening for migrating deer.
Please see Figure 7 for an example of increased cover planting.
Birds
Various bird species utilize the area, including:
■ Bald Eagle
■ Brown creeper
■ Pygmy nuthatch
■ Western tanager
■ Olive -sided flycatcher (and other flycatcher species)
■ Various warbler species
■ Woodpeckers
■ Duck species
1. Therefore, pet cats should remain indoors, as cats will readily prey upon these
species and can have a significant impact on bird use in the area and on bird
populations.
2. Bird feeders are encouraged, but must be brought in at night to avoid attracting
nuisance wildlife species, or potentially dangerous species such as black bear or
even mountain lion. Any bird feeders (including hummingbird feeders) should be
hung away from any window or deck, be at least 10' from the ground and be
suspended between 2 trees or posts. Any seed feeders should have a catchment
pan to catch discarded seed.
Bears
Black bears are very common in the area from spring (April) through fall (November). There
are existing problems with bears, garbage, and people in Pitkin County and some bears have
shown signs of habituation and aggression towards residents. Given that this site is adjacent
to human -bear conflict areas, and the parcel contains good bear habitat, it is inevitable that
bears will be on the property.
The following measures should be implemented to reduce potential bear problems:
1. There should be no dumps associated with the construction that have food items
in them that could attract bears
2. Residential garbage should be placed in bear -proof dumpsters, individual bear -
proof trash containers, or kept in trash cans inside closed buildings.
3. Residents should be discouraged from using a compost pile if they have gardens.
4. Pets should not be fed outside. Bowls of pet food left around buildings will attract
bears and other predators (e.g. coyotes or red fox) and nuisance species (e.g.
skunks, raccoon, woodrats) of wildlife.
?'"ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC
000018
RFRP- Parcel WltldhfeAssessment Atvil 12. 2007
5. Grains and other processed feed for livestock should be kept in well -constructed
buildings to deter bears.
6. Nut, fruit or berry producing trees or shrubs should not be used in landscaping in
order to minimize an attractant for bears.
7. Round handled door knobs should be used for all outside doors instead of lever
handles in order to minimize a bear's ability to gain entry.
8. Bird feeders, including hummingbird feeders, should be hung away from any
window or deck, be at least 10' from the ground, and be suspended between 2
trees or posts. Any seed feeders should have a seed catchment pan to catch
discarded seed.
9. Homeowners should be educated about bears and other local wildlife via a
homeowner's brochure, such as that produced by the CDOW.
Thank you for the opportunity to comment on this property. Please feel free to call if you
have any questions regarding this report.
Eric Petterson
Rocky Mountain Ecological Services, Inc.
ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC
a
• 0000.0
7-
RERE Parcel [Y/id4 A=,m t Anal l2. 2007
Rocky Mountain Aerial Photograph I Drawn By: Eric Petterson
Ecological Services, Inc. Figure j)
0222 Bobcat Lane, Redstone, CO 81623 RFRP Parcel Date: March 2007
970.963.2190 Pitkin County, Colorado
eric.pettersonCstarband.net Scale: 1:2,082
ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC
000020
RFRL Parce! I1/zAfe A_rre_rr -9y Abri! 12. 2007
Rocky Mountain Elk Winter Range Drawn By: Eric Petterson
Ecological Services, Inc. Figure
0222 Bobcat Lane, Redstone, CO 81623 RFRP, Parcel 1 Z Date: March 2007
970.963.2190 Pitkin County, Colorado Scale: 1:23.143
eric.petterso n(Mstarband. net
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ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC
0000 1
E
RFBP- ParceI E4(g A. r r_rment A a t 2 2007
Rocky Mountain Elk Summer Range Drawn By: Eric Pettemon
Ecological Services, Inc. Figure
0222 Bobcat lane. Redstone, CO 81823 RFRP, Parcel 1 Date: March 2007
970.963.2190 Pitkin County, Colorado 3
eric.pettersonCWatband.net Scale: 1:23.143
AL—
ROCKY MOUNTAIN ECOLOGICAL b�RVICES, INC 1
000022
RFRR Parte! Lfildlk Assessment Anri112. 2007
Rocky Mountain Mule Deer Winter Ranges I Drawn By: Eric Petterson
Ecological Services, Inc. Figure
0222 Bobcat Lane, Redstone. CO 81623 RFRP, Parcel 1 4 I Date: March 2007
970.963.2190 Pitkin County, Colorado
eric.oettersonostarband.net I Scale: 1:23.143
ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC 11
�"OOOU�O
RFRL Parcel Ua fe Assessment lqpril 72. 2007
Rocky Mountain Black Bear Habitats Drawn By: Eric Petterson
Ecological Services, Inc. _................... _ _._.... Figure
0222 Bobcat Lane. Redstone, CO 81623 RFRP, Parcel 1 Date; March 2007
870.e3. Pitkin County, Colorado errc.pettersonson@starband.net lI Scale: 1:23,143
AL—
ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC
12
00002"
RFRL Parce! TYa& (Arm re��rment Abri! 12, 2007
Rocky Mountain Bald Eagle Habitats i Drawn By: Eric Patterson
Ecological Services. Inc. ___...._. Figure
0222 Bobcat Lane, Redstone. CO 81623 RPRP, Parcel 1 6 I Date: March 2007
970.963.2190 Pitkin County, Colorado ' Scale: 1:23,143
enc,petterson@starband.net
ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC 13
0000J5
-
RFRP- Parcel IY/ildlje Assessment Afiril 12, 2007
Rocky Mountain n
me
R
Deer Mitigation Recommendations Drawn By: Eric Petterson
Ecological Services, Inc. _....... _........ _ Figure
0222 Bobcat Lane. Redstone, Co 81623 RFRP Parcel Date: March 2007
970.963.2190 Pitkin Count Colorado 7
eric.pettersontDstarband.net y' Scale: 1:23,143
ROCKY MOUNTAIN ECOLOGICAL SFRVICFS, INC
000025
14
ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC.
NEPA••WILDLIFE••VEGETATION••WILDFIRE MITIGATION—WETLANDS—PLANNING
April 9, 2007
Grafton Smith
Grafton Smith Planning
0187 West Lupine Dr.
Aspen CO, 81611
RE: Roaring Fork Ranch Partnership Parcel- Wildfire Hazard Review
Dear Mr. Smith
Please submit this letter with your application to Pitkin County.
I visited the Roaring Fork Ranch Partnership, Parcel in Pitkin County, on February 16,
2007 with Mr. Grafton Smith, the owner's representative. Mr. Smith is preparing an
Activity Envelope Plan for the future development of a single family residence and
accessory buildings on the property. The proposed building envelope sites are
considered "Low Hazard". The topography around the potential building sites is_generally
flat. The fuels were patchy, and dominated by riparian/wetland vegetation. Therefore,
the following Mitigations are recommended for any new construction or development on
the property:
I. Defensible Space
As during construction most of the vegetation within at least 20' of the structure will likely be
removed, re -planting of vegetation must adhere to the following:
1. Brush, debris and non -ornamental vegetation shall be removed within a minimum ten -
foot (10') perimeter around all structures.
2. Spacing between clumps of vegetation up to the thirty (30) foot perimeter shall be a
minimum of one (1) time the height of the fuel. Maximum diameter of the clumps
shall.
3. Flammable mulches (wood chips) are not allowed within 2' of the house. Aspen trees
are allowed near the house, as long as they are not within 10' of the structure, and
are kept limbed to 10' (unless the trees are less than 10' tall). No trees of any species
may be within 15' of any window.
4. The property owner shall be responsible for the continued maintenance of the above
listed vegetation requirements.
11. Access
1. Shrubs or conifers are allowed within 10' of any driveways, but must be separated
by 15' between trees or clumps of shrubs. Aspen are permitted within 10' of any
driveways, but must be pruned to 6' above the ground.
0222 BOBCAT LANE • REDSTONE • COLORADO • 81623
PHONE/FAX: (970) 963-2190 • CELL: (970) 309-4454
EMAIL: ERIC. PETTERSON@STARBAND.NET
000027
Parcel 1. Roaring Fork Ranch Partnerrhh)- Wildfire Ha.7ard Review
Abril R 2007
2. Low vegetation (grasses, forbs and low shrubs) shall be kept mowed to less than
6" within 10' of either side of driveways.
Ill. Water Supply for Fire Safety
1. When access to a public or private pressurized water system is not available or if
it is necessary to augment fire protection water systems, private ponds may be
used if approved by the Community Development Department and the local fire
protection district.
2. Any fire department recommendation for individual structure water supply and
storage shall be accessible to fire department vehicles from the exterior of the
structure through a fire department approved mechanism (such as a fire hydrant).
The amount of storage capacity shall be determined by the fire protection district
with a minimum of one thousand (1,000) gallon storage capacity per structure.
3. All structures greater than 5,000 square feet in size shall be required to install in-
house sprinkler systems that meet the standards of the local fire protection district
and the IBC. At building permit submittal, the local fire protection district may
require smaller structures to be sprinkled due to hazard considerations,
emergency access difficulties and lack of proximity to fire protection services.
IV. Roofing Materials, Roofing Vents and Projections at and Below Roof Line
a) General Roofing Standards
a. Roofs with less than a 3:12 pitch are only allowed as long as they comply
with the following:
i. All roof coverings shall be constructed of non-combustible materials
and installed on a Class A roof assembly.
ii. All roof coverings shall have a surface that shall facilitate the
natural process of clearing roof debris.
iii. Protrusions above the roofline, such as parapets, shall be
prohibited.
b. Roofs shall be installed as required by the adopted Building Code and
shall have a minimum roof pitch of 1:48.
c. All roof designs, coverings, or equivalent assemblies shall be specifically
approved by the Fire Marshall prior to submittal of a building permit
application.
b) Roofing Materials
a. Any new roofs shall be constructed with a minimum of a Class -A roof
covering or Class A assembly (see IBC Section 1505.2).
b. No wood shakes or shingles.
c) Maintenance and Miscellaneous Requirements
a. Roofs and gutters shall be kept clear of debris.
b. Yards shall be kept clear of all litter, slash and flammable debris.
ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC
�QDOQ
Parcel 1. Roaring Fork Ranch Partnershib- Wildfire Hazard Review
Abril 9. 2007
c. All flammable materials shall be stored on a parallel contour a minimum of
fifteen (15) feet away from any structure.
d. Weeds and grasses within the ten (10) foot perimeter shall be maintained
to a height of not more than six (6) inches.
e. Firewood/wood piles shall be stacked on a parallel contour a minimum of
fifteen (15) feet away from the structure.
f. Swimming pools and ponds shall be accessible by the local fire district.
g. Fences shall be kept clear of brush and debris.
h. Wood fences shall not connect to other structures.
i. Fuel tanks shall be installed underground within an approved container.
j. Propane tanks shall be buried, if possible, or installed according to NFPA
58 standards and on a contour away from the structure with standard
defensible space vegetation mitigation around any aboveground tank. Any
wood enclosure around the tank shall be constructed with materials
approved for two (2) hour fire -resistive construction on the exterior side of
the walls.
k. Each structure shall have a minimum of one ten (10) pound ABC fire
extinguisher.
I. Addresses shall be clearly marked with two (2) inch non-combustible
letters and shall be visible at the primary point of access from the public or
common access road and installed on a non-combustible surface.
The standards stated in 7-20-60 Wildfire Hazards, 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 email if you have any questions.
Sincerely,
Eric Petterson
Rocky Mountain Ecological Services, Inc.
ROCKY MOUNTAIN ECOLOGICAL SERVICES INC
000020
APPLICATION
MATERIAL
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
PROJECT: Develop a single family residence and CDU
LOCATION: Upper River Road
ZONING: AR-10/RS-20
OWNERS: O'Donnell/Roaring Fork Ranch Partnership
REPRESENTATIVE: Grafton Smith
DATE: December 4, 2006
Type of Application: Activity Envelope Review and Special Review for a CDU.
PID# 2643-053-00-003
SIZE: 12 acres
PLANNER: Mike Kraemer, 920.5482
Description of Project/Development: The Applicant is requesting approval of an Activity Envelope with vested rights and
Special Review for a CDU. Site Plan review is not requested at this time. The Applicant has stated there is a desire to
construct a residence up to 15,000 square feet by virtue of TDR's. Special Review approval for a TDR receiver site will need
to be applied for at the time of Site Plan review. Site plan approval will need to occur prior to submission of a building permit.
The parcel is currently vacant. The parcel is located along the Roaring Fork River where there is a significant amount of
vegetation along the River bank.
Land Use Code Sections to be addressed in letter of request (annlication):
Sec. 2-30-20(g): Activity Envelope Criteria for Approval;
Sec. 7-10-50: Activity Envelope;
Sec. 7-20-20: Steep and Potentially Unstable Slopes;
Sec. 7-20-20(e) 2-10: Grading;
Sec. 7-20-30: Water Courses and Drainage;
Sec. 7-20-60: Wildfire Hazard — Mapped Low/Medium Wildfire Hazard Area;
Sec. 7-20-70: Wildlife Habitat (area not mapped)
Sec. 7-2040: Floodplain
Sec. 4-30-50(exl)(2): Caretaker Dwelling Unit
Sec. 6-30-40.c, GMQS Exemption for CDU
Sec. 240-20(f): Additional Special Review Procedures for CDU's l
Staff will refer the application to the following agencies: AFD CDOW and Housing.
Review by: Community Development Director.
Public Hearing: No. The Applicant shall post a public notice sign on the property at least 15 days prior to the date
specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the
Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners with the return
address of the Community Development Department (form of notice to be obtained from the Community Development
Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more
than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from
the date the notice was postmarked to submit comments or objections to the Community Development Department.
FEES: $2,618 (make check payable to "Pitkin County Treasurer")
■ Planning Office flat fee: $1,848 [non-refundable; based on 8 hours of staff time (5 hours for activity envelope at $1,155 and 3 for
special review for a CDU at $693)] ; if staff review time exceeds 9.6 hours, the Applicant will be charged for additional time
above 8 hours at a rate of $231/hour)
o Public Notice Fee: $50
o �`'t�l�esource referral fee: $560 w
000000
o Housing Referral Fee: $160
To apply, submit 4 conies of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing
compliance with the Code sections listed above;
2. 24" by 36" Activity Envelope as designated in Section 2.1.1 and CDU as designated in Section 2.1.3 of the Pitkin
County Land Use Application Manual;
3. Previous Land Use Approvals (if applicable);
4. Proof of ownership of subject property;
5. Proof of non -merger;
6. Parcel description, including legal description and vicinity map;
7. Total fee for review of the application;
8. Signed fee agreement (1 copy);
9. Consent from owner(s) to process application and authorizing the representative (i copy)
10. List of all adjacent property owners and mineral estate owners (1 copy)
11. Copy of this preapp form (1 copy)
NOTES:
➢ PLEASE SUBMIT ONE UNBOUNDAND ONE-SIDED COPY OF YOUR COMPLETEAPPLICATION. PLEASE
SUBMIT TWO-SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE
PARCEL IDS SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION.
➢ ALL MAPS SHALL BE FOLDED.
➢ This pre -application conference summary is advisory in nature and not binding on the County. The information
provided in this summary is based on current zoning standards and staff's interpretations based upon representations
of the applicant. Additional information may be required upon a complete review of the application.
000001
Roaring Fork Ranch Partnership
Activity Envelope Review & Caretaker Dwelling Unit
Special Review with vesting
Submitted by:
Grafton Marshall Smith
(970)925-7120
graftonsmith@comcast.net
000002
Roaring Fork Ranch Partnership
Activity Envelope Review & Caretaker Dwelling Unit
Special Review with Vesting
Applicant: Roaring Fork Ranch Partnership
Phone: (847) 441-5959
Location: Upper River Road, Woody Creek Parcel ID: 2643-053-00-003
Parcel Size: 13.648 Acres Zone District: RS-20/AR-10
Representative: Grafton Smith Email: graftonsmith@comcast.net
Request: Roaring Fork Ranch Partnership, The. "Applicant", requests Activity Envelope
Review and detached Caretaker Dwelling Unit (CDU) Special Review with Vesting for
its below listed property (see attached Certificate of Ownership) in order to develop a
Single -Family Residence, Caretaker Dwelling Unit and associated Accessory Buildings
of up to 15,000 total square feet.
Property: The "Property" contains approximately 13.648 acres and is located between
Upper River Road and the Roaring Fork River about 2.18 miles down valley from the
Woody Creek Post Office (see attached Vicinity Map and Activity Envelope Plan.) The
Property is vacant and is primarily comprised of open area gently sloping to the south,
with a treed bank of between 20 to 40 feet high along the edge of the Property that abuts
the river. Access is off of Upper River Road. The Property has extensive water rights;
more than sufficient to support the any development currently contemplated (see attached
well permits.)
The property is crossed by two manmade ditch systems, the Eli Cerise Ditch, which
transits the property along the wooded bank adjacent the Roaring Fork River, and the
O'Gara Ditch, which enters the property at the northeast comer, enters a pond
(constructed in 1987/88) and ultimately empties into the Eli Cerise Ditch near the river.
Previous Land Use Approvals: The Parcel was legally created prior to 1978 and
there have been no previous land use approvals. It lies partially in both AR -10 and RS -20
zone districts and as such is non -conforming as to size in the RS -20 zone district. It is
however, a legally created parcel and 15,000 square feet of floor area is allowed in both
zone districts. The Property has not merged with any adjacent properties (see attached
Non -Merger Certificate from Pitkin County Title) and is entitled, under the 2006 Pitkin
County Land Use Code (PCLUC) up to 5750 square feet of development exempt from
the Growth Management Quota System (GMQS.) Additional floor area, up to the 15,000
square feet limit allowed in the zone district(s) will be achieved as necessary by virtue of
competing in the GMQS for Additional Floor Area and/or through the TDR Program —
subject to Special Review.
Roaring fork ranch Partnership Activity Envelope Review- & CDU Special Review
Parcel ID: 2643-053-00-003 Page
000003
Review Criteria for Specified Land Use Code Sections:
2-30-20: ADMINISTRATIVE REVIEW PROCEDURE
(g) Criteria for Approval
(1) GENERAL
Except as stated in subsections (2) through (18) below, an application for administrative review shall be
approved if it complies with (a) all applicable provisions of this Land Use Code, (b) all applicable Land
Use Policies listed in Sec. 1-60, and (c) all prior development approvals applicable to the subject property.
Where the decision of staff will result in the approval of a land use that is notpermitted by right in the zone
district where the property is located, compliance with the requirements of this Land Use Code shall
include, but shall not be limited to, compliance with those standards for special review uses in Secs. 2-30-
30(h)(2) and 2-40-20, as applicable.
Response: The Applicant will comply (a) with all applicable sections of the 2006
PCLUC (as delineated by staff in the attached Pre -application Conference Summary), (b)
all applicable sections of the Land Use Policies listed in Section 1-60 of the PCLUC and
regarding "(c)" above, there have been no previous land use approvals . All the land uses
requested in this application are permitted by right in the RS -20 and AR -10 zone districts,
with the exception of the detached CDU, which is allowed via Special Review and is
addressed in a later section of this Application.
(2) SITE PLAN
A Site Plan shall be approved if it complies with (a) all applicable provisions of this Land Use Code, (b)
any Activity Envelope previously approved for the property pursuant to Sec. 7-10-50, and (c) all prior
development approvals applicable to the subject property. Where the property contains Constrained Areas,
the Community Development Department staff shall follow those Priorities for Locating New Activity or
Development listed in Sec. 7-10-60. If an Activity Envelope has not been previously established for the
property pursuant to Sec. 7-10-50, one shall be established as part of the Site Plan Review process.
Response: Does not apply to this Application
(3) ACTIVITY ENVELOPE
An application for designation of an Activity Envelope shall be approved if it complies with the standards
and criteria established in Sec. 7-10-50. If the applicant chooses to apply for definition of an Activity
Envelope separately from approval of a Site Plan, the Activity
Envelope shall be designed to accommodate the largest home and related septic field possible on the site
pursuant to Table 5-1 after the use of TDRs or a GMQS allocation to increase house size. The definition of
an Activity Envelope based on a maximum house size and septic field shall not create any presumption that
a Site Plan for a house at the same size can or will be approved pursuant to this Land Use Code. The
applicant may specify that the Activity Envelope is being created for a house smaller than the maximum
allowed under Table 5-1, and in that event the Activity Envelope will be designed to accommodate a house
and septic field of that size. Where the property contains Constrained Areas, the Community Development
Department staff shall follow those Priorities for Locating New Activity or Development listed in Sec. 7-10-
60. Actual siting of the septic field shall require final approval pursuant to the Environmental Health and
Natural Resources On -Site Wastewater Treatment System regulations.
Response: The Application complies with the review requirements of Section 7-10-50
(see below.) The Applicant chooses to apply for a definition of an Activity Envelope
separately from the approval of a Site Plan and the proposed Activity Envelope (see
attached Activity Envelope Plan) is designed to accommodate 15,000 square feet of total
development and associated wastewater treatment systems (and the significant setbacks
Roaring Fork Ranch Partnership Activity Envelope Review & CICU Special Review
Parcel ID: 2643-053-00-003 Page 2
000004
required between local wells and septic fields) as allowed for in the zone district and
provided for in the PCLUC.
While the property does contain constrained areas, these are found along the riverbank
and as such are contained within the 100 -foot stream setback and are not part of the
proposed Activity Envelope. There are some areas of slopes with gradients between 30%
and 45% within the proposed Activity Envelope but these were manmade in either the
construction and/or maintenance of the Eli Cerise ditch or as a result of channeling ditch
water across the property. Over time this channeling has eroded a manmade
depression/wash in the otherwise gentle slope.
GIS Aerial of Property showing manmade pond and erosion feature
(4-18) SECTIONS of 20-30-20(g)
Response: These sections do not apply to this Application.
7-10-50: SITE PLAN AND ACTIVITY ENVELOPE
(a) The intent of this Chapter 7 is to allow activities and development to take place where they comply with
the provisions of this Land Use Code and with the Pitkin County Comprehensive Plan for the area.
Compliance will generally involve avoidance of "Constrained Areas" through the identification of an
"Activity Envelope, " as well as approval of a Site Plan. For purposes of Chapter 7, "Constrained Areas "
include all areas included in each of the following categories, as defined and regulated by this Land Use
Code: (i) Areas of Statewide Interest listed in C.R.S. 24-65.1-101 et. seq.), (ii) steep and potentially
unstable slopes, (iii) water courses, drainage channels, and areas subject to erosion, (iv) floodplain hazard
areas, (v) geological hazard areas, (vi) severe or low to moderate wildfire hazard areas, (vii) wildlife
habitat areas, (viii) river and stream corridors and wetlands (ix) irrigated lands for food or crop
production, (x) historic preservation areas, and (xi) archeological resource areas.
Roaring Fork Ranch Partnership Activity Envelope Review & C'DU Special Review
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Response: The proposed Activity Envelope avoids all of the above constrained areas with
the exception of "(vi) — low to moderate wildfire hazard area", which can be easily
mitigated through compliance with the County Standards to be found in Section 7-20-60
below. A small area within the stream corridor setback and bordered by moderate
wildfire hazard is set aside as an access corridor in order to permit the occasional
inspection and maintenance to the Eli Cerise ditch which runs within the 100 -foot stream
setback.
(b) The Site Plan process incorporates an "Activity Envelope " approach in which the County staff works
with the applicant to determine which portions of the site (if any) would permit the proposed activity or
development to be conducted in compliance with this Land Use Code and in conformity with the
Comprehensive Plan for the area. In general, this process will involve both a determination of (i) which
portions of the site are not available for development because of the existence of Constrained Areas, and
(ii) of the remaining portions of the site, which areas would accommodate the activity or development so as
to minimize impacts on surrounding properties, maximize compliance with the requirements of the
development standards in this Chapter 7, and maximize compliance with the Comprehensive Plan goals
and objectives.
Response: The proposed Activity Envelope does not include any constrained areas
except as previously noted. In order to minimize the impacts of the proposed
development, to break up the mass, and to cluster it with neighboring development, the
envisioned development of the Property will be in the form of an accessory building (or
buildings) on the west end of the property near the neighboring property's barn and with
the main residence proposed for the east end of the Property.
(C) In general, the defined Activity Envelope for development ofprimary uses shall be large enough to
accommodate the proposed principal use of the property and traditional permitted accessory structures,
infrastructure (roads and septic systems), and uses, but should not significantly larger than the area
neededfor such structures. In the case ofa site with few Constrained Areas, the defined Activity Envelope
may include more than one potential building site for a new single family home. The defined Activity
Envelope may include non-contiguous areas (including separate areas for septic fields, landscaping,
driveways to public roads, mitigation measures required in connection with any provision of this Chapter
7, andlor areas to be disturbed only during construction on the property — including staging areas and
materials storage areas). Construction of trails will not require an Activity Envelope analysis except as
required by Sec. 7-20-50.
Response: The Proposed development on the Property is at this time intended to take
place in two independent stages. An area in the far west end of the Property is intended
for the construction of a 1000 square foot (or less) Principal Dwelling and attached or
detached Accessory Structures. At a later (as of yet undetermined) date, the main will be
constructed on the east end of the Property. Upon the completion of this main house the
original Principal Dwelling will be converted to a CDU (meeting all the CDU
requirements.)
The Activity Envelope is designed as proposed in order to accomodate these two
development areas, fire protection turnaround requirements, landscaping to mitigate
visual impacts, the significant required setbacks between wells and septic fields (both on
the property and the neighbor's), driveways, and horse paddocks and general grazing
areas.
Roaring Fork Ranch Partnership Activity Envelope Review- & CDU Special Review
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(d) Clearing, grading, grubbing, earthmoving that exceeds fifty (50) cubic yards, or changes in the
natural drainage of the site shall occur only after an Activity Envelope has been defined and all applicable
local, state and federal permits have been obtained. In addition, Site Plan Approval is required if these
activities will occur on a property within a Scenic View Protection Area.
Response: The Applicant will comply with the above.
(e) Once an Activity Envelope has been defined, the natural grade, topography, vegetation and drainage
of areas outside the defined areas shall not be disturbed except as specifically permitted in this Land Use
Code. Prior to any development activity on the parcel, the boundaries of the Activity Envelope shall be
identified with construction fencing, and such fencing shall remain in place until development has been
completed.
Response: The Applicant will comply with the above.
(f) While it is preferable to obtain approval of an Activity Envelope as part of the Site Plan approval
process, applicants who are not prepared to submit a Site Plan for a specific structure may request
approval of an Activity Envelope separately. Prior to the issuance of a Development Permit, the applicant
shall be required to apply for and obtain approval of a Site Plan confirming that the proposed development
is consistent with the defined Activity Envelope and with other standards in this Land Use Code not
considered at the time the Activity Envelope was defined.
Response: The Applicant is requesting Activity Envelope approval separate from Site
Plan and will comply with the above.
(g) The standards in this Chapter 7 shall be used (i) to idents the Activity Envelope on a property, (ii) to
review and approve the Site Plan for proposed development, and (iii) to regulate development within the
Activity Envelope pursuant to the Site Plan. Development Standards in this Chapter 7 which are to be
reviewed as part of Activity Envelope and Site Plan review are set forth in Table 7-1 below.
Response: The Applicant will comply with the above.
7-20-20: STEEPAND POTENTIALLY UNSTABLE SLOPES
The followingprovisions shall apply whenever steep slopes orpotentially unstable slopes occur within the
Activity Envelope, but do not apply when the Activity Envelope have been defined to avoid such areas.
(a) Slope Delineation
Slopes shall be delineated within the Activity Envelope with two (2) foot contour intervals. Slopes between
each two (2). foot contour in each of the following categories shall be designated by a distinct graphic
pattern.
(1) Slopes that are fifteen (15) percent or greater, but less than thirty (30) percent;
(2) Slopes that are thirty (30) percent or greater, but less than forty-five (45) percent;
(3) Slopes that are forty-five (45) percent or greater.
(b) Forty-five (45) Percent or Greater Gradient
Development is prohibited on slopes with a slope gradient equal to or exceeding forty-five (45) percent,
except:
(1) Where:
(a) The lot is in a legally platted subdivision, recordedprior to 1972, and
(b) There is no alternative building site that avoids areas of slope exceeding forty-five (45) percent,
and
(c) An engineer or geologist licensed in the State of Colorado demonstrates that the site can be
engineered so that there is no hazard posed by the location of development on such slopes, and
Roarin(y Fork Rand Partnership Activity Envelope Review & CDU Special Review
Parcel 13. 2643-053-00-003 Page 5
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(d) The proposed development complies with all standards in subsection (c)(1) below applicable to
slopes of thirty (30) percent or greater, and
(2) As provided in subsections (c)(3) or (c)(4) below.
(c) Thirty (30) Percent or Greater Gradient
Development is prohibited on slopes with a slope gradient of thirty (30) percent or more, except as follows:
(1) NO ALTERNATIVE BUILDING SITE
If there is no alternative building site available on the parcel with slopes of less than thirty (30) percent,
development (but not roads or driveways) may be approved by the Community
Development Department through the Site Plan process subject to the following development standards:
(a) An engineer or geologist licensed in the State of Colorado shall be required to demonstrate that the
site can be engineered so that there is no hazard posed by the location of development on such slopes.
(b) To the extent possible, the development shall be designed so as to: avoid adding water to the site
that would cause decreased stability; avoid removing the toe of the slope without adequate mechanical
support; avoid increasing the weight load on top of the slope; re -contour disturbed slopes so that they
can be re -vegetated; avoid steepening of existing slopes.
(c) Any development approved pursuant to this section shall be conditioned upon compliance with the
engineer or geologist's recommended mitigation measures.
(d) Following Site Plan review, and prior to the application for a Building Permit, a precise engineer
or geologist approved mitigation plan shall be submitted by the applicant that shows the area of
disturbed slope, any re -grading required and the exact size and location of all mitigation devices. The
mitigation measures must be determined by the Community Development Department to be the least
visually and ecologically obtrusive alternatives.
Response: The above does not apply to this Application as the Activity Envelope does
not include any naturally occurring slopes with gradients in excess of 30%. There are
some slopes in excess of 30% but less than 45%, which are either manmade as a result of
the erosion resulting from an irrigation ditch being diverted across the Property or
otherwise should be considered minor slope anomalies, included within the Activity
Envelope. This area will not be included within any building envelope but will restricted
to a Landscaping/Grazing/Ditch Alignment envelope so that the area can be maintained,
or improved.
(2) PARCELS WITH SOME AREAS OF LESS THAN THIRTY (30) PERCENT SLOPES
(a) If a parcel contains areas with less than thirty (30) percent slopes that are accessible by a road or
driveway that meets the requirements of this Land Use Code, but such areas (after exclusion of
Constrained Areas) are not large enough to develop the floor area permitted by underlying zoning, then
areas containing slopes of less than thirty (30) percent must be utilized to develop as much of the floor
area as can feasibly be accommodated. Areas containing slopes of thirty (30) percent or greater (but not
exceeding forty five (45) percent) may then be used for development of the remainder of the permitted
floor area. The resulting area specified for development should define a contiguous area with slopes of
less than thirty (30) percent to the maximum extent practicable.
(b) Development on slopes equal to or exceeding thirty (30) percent (but less than or equal to forty-five
(45) percent) shall be subject to the development standards in Sec. 7-20-20(c)(])(a) through (d)., and
shall minimize disruption of natural terrain as viewed from any of those roads identified in Sec. 7-20-
120(b).
Response: The above does not apply to this Application.
(3) MINOR SLOPE ANOMALY
Through the Site Plan process, exceptions for minor changes in slope -development may be permitted on
lands that have a slope equal to or in excess of thirty (30) percent when the slope is due to the presence of a
minor natural or minor man-made change in the gradient of a continuous slope, provided that an engineer
or geologist licensed in the State of Colorado demonstrates that the slope's ground surface is not prone to
instability or failure and that the proposed development will not cause greater instability or increase the
Roarin- Pork Ranch. Partnership Activity Envelope Review- & C:`I3t1 Special Review
Parcel ID: 2643-053-00-003 Page G
000008
potential for slope failure.
Response: The proposed Activity Envelope for the Property does not include any
naturally occurring slopes with gradients in excess of 30%. There are a few minor areas
of slopes between 30% and 45% but these are manmade or minor in nature and while
they are not proposed to be included within any building envelope, they are included
within a Landscape/Grazing/Ditch Alignment envelope in order to provide for
maintenance, control, elimination and/or eventual construction of an expanded water
feature that would increase the accessible surface water on the Property for advantage of
both livestock and wildlife.
At such time as alterations/improvements to this area of the Property are proposed a
County Approved Geologist will be consulted for recommendations. Any Building
Envelope(s) will be designed and sited in such a way as to avoid any negative impact
from Hazards in this area.
(4) EXISTING ROADS AND DRIVEWAYS
Through the Site Plan process, an exception for minor road and driveway improvements may be permitted
to existing roads and driveways that traverse previously disturbed slopes equal to or in excess of thirty (30)
percent, provided that the applicant demonstrates that all of the following conditions are met:
(a) The road or driveway was legally created, as demonstrated by (i) a valid copy of the permit for the
road or driveway, or (ii) evidence that the road or driveway was constructed prior to the County's road
or driveway permit system in 1993, or (iii) that a permit was not required to construct the road or
driveway.
(b) The proposed use of the road is an existing legal use (i.e., if residential development is proposed, it
shall be demonstrated that the road already services an existing, legal residential structure). The current
use of the road or driveway shall not change between residential, commercial, lodging or industrial use.
No road improvements shall be permitted pursuant to this provision to allow the development of any
structure where there is no pre-existing, legal structure (e.g., a mining road or jeep road that provides
access to a vacant parcel shall not be improved pursuant to this provision to create access to a new
residence).
(c) The improvements shall be limited to existing roads and driveways that traverse previously
disturbed slopes equal to or in excess of thirty (30) percent and comply, or can comply without impacting
slopes equal to or in excess of thirty (30) percent, with the minimum requirements in the Pitkin County
Road Management and Maintenance Plan for width, grade and curvature. New road and driveway
improvements that traverse undisturbed slopes equal to or in excess of thirty (30) percent are prohibited.
(d) The improvements shall be minor in scope and shall be the minimum required to ensure the safety
of both the general public and safety agency personnel. Improvements that may be permitted pursuant to
this provision may include, but not be limited to, pullouts, turnarounds or grading, if the road or
driveway otherwise complies with the standards of the Pitkin County Road Management and
Maintenance Plan. Improvements that would create further impacts on slopes equal to or in excess of
thirty (30) percent in order to bring an existing road or driveway into compliance with the minimum
standards of the Pitkin County Road Management and Maintenance Plan are prohibited.
(e) An engineer or geologist licensed in the State of Colorado demonstrates that the slope's ground
surface is not prone to instability or failure, and that the proposed improvements will not cause greater
instability or increase the potential for slope failure.
Response: Although there is driveway access currently to the Property there are no roads
or driveways on it and the proposed development on the Property does not contemplate
the need for driveways to cross any natural slopes with gradients in excess of 30%.
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(5) SHORT DRI VE WA Y ENCROA CHMENTS
Through the Building Permit process, an exception for short driveway encroachments may be permitted as
follows:
(a) This exception may only be utilized where there is no alternative alignment on slopes less than
thirty (30) percent and the proposed driveway is free of all of the following hazards: high hazard
avalanche zone (red zone) and moderate hazard avalanche zone (blue zone), landslide areas, or rockfall
areas. (See Sec. 7-20-50).
(b) For a maximum of one -hundred (100) linear feet per lot or parcel, the driveway may encroach on
slopes between thirty (30) percent and a maximum of forty-five (45) percent gradient. The maximum of
one hundred (100) linear feet of permitted encroachment shall be measured along the centerline of the
driveway.
(c) All development permitted pursuant to this section shall be subject to the development standards of
Sec. 7-20-20(c)(1)(a) through (d).
(d) Less Than Thirty (30) Percent Gradient
Development is permitted on slopes with less than a thirty (30) percent gradient.
Response: The proposed development on the Property does not contemplate any
driveways that would need to cross natural slopes with gradients in excess of 30%.
7-20-20: STEEP AND POTENTIALLY UNSTABLE SLOPES
(e) Additional Standards
All activity and development on slopes with a gradient of thirty (30) percent or greater shall comply with
the following standards.
(1) DENSITY SLOPE REDUCTION
If more than thirty (30) percent of the total land area of parcel is encumbered with slopes of forty five (45)
percent or greater, the maximum permitted density of development on the parcel shall be reduced pursuant
to Sec. 5-10-20.
Response: The above does not apply to this Application as less than 30% of the land area
of the Property is encumbered with slopes of 45% or greater.
(2) LIMITS ON CHANGING NATURAL GRADE
The original, natural grade of areas within the Activity Envelope shall not be raised or lowered more than
four (4) feet at any point for construction of any structure or improvement, except:
(a) The site's original grade may be raised or lowered a maximum of seven (7) feet if retaining walls
are used to reduce the steepness of man-made slopes, provided that the retaining walls comply with the
requirements set forth in this section.
(b) As necessary to construct a driveway from the street to a garage or parking area, grade changes or
retaining walls up to seven (7) feet may be allowed.
Response: The Applicant will comply with the above but as this code section is under
consideration for amendment we would request the option of being subject to the new
language.
(3) GRADING FOR A CCESSOR Y B UILDING PADS DISCOURAGED
Separate building pads for accessory buildings and structures other than garages, such as tennis courts,
swimming pools, outbuildings, and similar facilities, shall be discouraged except where the natural slope is
twenty (20) percent or less.
Response: The Applicant will comply with the above.
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(4) LIMITS ON GRADED, EXCAVATED, OR FILLED MAN-MADE SLOPES
(a) Where grading, excavation, or filling is necessary, grading, excavation, or filling to create slopes
of twenty-five (25) percent or less is strongly encouraged
(b) Graded or filled man-made slopes shall not exceed a slope of fifty (50) percent.
(c) Cut man-made surfaces or slopes shall not exceed a slope of fifty (50) percent unless a soils
engineering or a geotechnical report is furnished stating that the site has been investigated and that in
the opinion of a qualified professional a cut at a steeper slope will be stable and not create a hazard to
public or private property.
(d) All cut, filled, and graded slopes shall be recontoured to the natural, varied contour of the
surrounding terrain.
Response: The above does not apply to this Application with the exception of the area of
slopes that were manmade in the process of diverting the ditch water across the Property
as mentioned above. The above code section strongly encourages the filling of such areas
as it becomes "necessary," as it might in the creation of additional water features on the
property, in an effort to return this area of the Property to is original topographic profile,
to control the ditch water so that it does not further erode this area, culverting sections of
the ditch alignment, or a combination of all the above. In this case the Applicant will
comply with the applicable parts of this code section.
(5) GUIDELINES FOR RETAINING WALLS
Use of retaining walls is encouraged to reduce the steepness of man-made slopes and to provide planting
pockets conducive to revegetation.
(a) Retaining walls may be permitted to support steep slopes but should not exceed four (4) feet in
height from the finished grade, except for (i) a structure's foundation wall, or (ii) as necessary to
construct a driveway from the street to a garage or parking area, or (iii) as otherwise expressly allowed
by this Land Use Code.
(b) A retaining wall should not exceed seven (7) feet in height. Retaining walls greater than four (4)
feet in height shall be supported by appropriate engineering and reviewed and approved by the County
Engineer.
(c) Terracing should be limited to two (2) tiers. The width of the terrace between any two four (4) foot
vertical retaining walls should be at least three (3) feet. Retaining walls higher than four (4) feet should
be separated from any other retaining wall by a minimum of five (5) horizontal feet. Terraces created
between retaining walls shall be permanently landscaped or revegetated with native vegetation.
(d) Retaining walls used to support existing road cuts may exceed (a), (b), and (c) of these guidelines.
(6) STANDARDS FOR RETAINING WALLS
(a) Retaining walls shall be faced with stone or earth -colored materials similar to the surrounding
natural landscape.
(b) All retaining walls shall comply with the adopted building code, except that when any provision of
this section conflicts with any provision set forth in the adopted building code, the more restrictive
provision shall apply.
Response: The Applicant will comply with the above two sections but as this code
section is under consideration for amendment we would request the option of being
subject to the new language.
(7) WATERWAYS PROHIBITED Filling or dredging of water courses, wetlands, gullies, stream beds,
or stormwater runoff channels is prohibited, except that bridge construction and culverts are allowed
pursuant to the standards set forth in this Land Use Code and all applicable County engineering criteria.
Response: This code section applies to natural occurring waterways and as such does not
apply to this Application as there are no naturally occurring water features on the
property save the Roaring Fork River.
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(8) DETENTIONISTORMWATER FACILITIES
Where detention basins and other storm and erosion control facilities may be required, any negative visual
and aesthetic impacts on the natural landscape and topography shall be minimized to the maximum extent
practicable.
Response: The Applicant will comply with the above and any efforts regarding above
would be taken in the spirit of undoing damage done to the Property in the past, reducing
or eliminating the potential for damage in the future, or improving the availability of
surface water on the Property for livestock and wildlife.
(9) UTILITY CUTS
Utility cuts on any slope with a gradient of fifteen (1 S) percent or greater shall be reviewed through the
Site Plan process.
(10) REVEGETATION REQUIRED
Any slope exposed or created in new development shall be landscaped or revegetated pursuant to the
standards and provisions set forth in Sec. 7-20-130 as well as the revegetation standards in the Pitkin
County Revegetation Guide, the Pitkin County Landscaping Guidelines maintained by the Pitkin County
Public Works Department, and the Roadway Landscaping Guidelines included in the Pitkin County Asset
Management Plan, as applicable. In the event those documents contain inconsistent requirements with
regard to a particular area of land, the stricter provision shall govern.
Response: The Applicant will comply with the above two code sections.
7-20-30: WATER COURSES AND DRAINAGE
(a) Applicability
The water resources standards in this Sec. 7-20-30 are applicable to all development.
(b) Encroachment or Channeling
Encroachment or channeling activities in a river, stream (including intermittent streams), pond, wet
meadow, or wetland are also subject to the requirements of Secs. 7-20-40 and 7-20-80 of this Land Use
Code, as well as all other applicable state and federal statutes and regulations (including, but not limited
to the U.S. Army Corps of Engineers permitting requirements of Section 404 of the Federal Clean Water
Act).
Response: As all water courses, ponds, etc., on the Property, with the exception of the
Roaring Fork River, are manmade (the O'Gara Ditch, Eli Cerise Ditch, and the pond), the
above does not apply to this Application. The River is protected by its 100 -foot stream
setback and is not included within the proposed Activity Envelope.
Eli Cerise Ditch along Roaring Fork River
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(e) Drainage
(1) GENERAL
Activities and development shall provide for:
(a) Maintenance of historical flow patterns and runoff amounts to reasonably preserve the natural
character of an area and prevent property damage attributable to runoff rate and velocity increases,
diversions, unplanned ponding and/or stormwater runoff
(b) The unimpeded flow of natural water courses and ditches;
(c) Adequate drainage for all low points;
(d) A drainage system designed to account for an entire drainage basin capable of accommodating
runoff from a proposed development and, where applicable, the runoff from areas adjacent and
upstream;
(e) Maintenance of drainage systems; and
(f) On-site treatment of stormwater by use of best management practices designed to detain and allow
infiltration of runoffprior to discharge to any water body.
Response: The Applicant will comply with the above and the requirements of this code
section serve to reinforce the importance of having the above mentioned drainage feature
on the property within an envelope, which will allow for its maintenance, control and/or
improvement.
(2) RUNOFF VOLUMES
Runoff volumes andpeaks within a development site and in areas affected by runoff from a development
site shall not exceed the runoff levels attributable to the undeveloped site as determined by aprofessional
engineer licensed in the State of Colorado.
(d) Groundwater
Activities and development shall not result in the introduction of any contaminants to groundwater, or
interfere with any recharge area or aquifer.
(e) Irrigated Areas
Activities and development shall:
(1) Not adversely affect the adequacy of water supplies available for the irrigation of agricultural lands;
and
(2) Not adversely affect the exercise of any existing and decreed irrigation water right.
Response: The Applicant will comply with the above
(f) Irrigation Ditches
Activities and development shall:
(1) ACCESS ,
Provide for access to irrigation ditches by ditch owners and to the public if a ditch is to be, or is part of the
Pitkin County Open Space and Trails System or other public property.
(2) PREVENTING LEAKAGE
Ensure that no building shall be constructed immediately downhill of a ditch unless the ditch can be placed
in a culvert, lined, or otherwise treated to avoid leakage of water downhill towards the building.
(3) AVOID FLOODING
Design land uses to avoid floodingproblems.from flood irrigation.
(4) AVOID SEEPAGE
Place basements and soil absorption on-site wastewater treatment systems in locations where they will not
be impacted by flood irrigation or seepage from irrigation ditches.
Response: The Applicant will comply with the above and is including within the
proposed Activity Envelope provision for access to the Eli Cerise by its ditch owners
(and their equipment) for inspection and maintenance of the ditch.
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(g) Sedimentation
Activities and development shall:
(1) CONTROL DURING CONSTRUCTION
Provide adequate sedimentation control throughout all phases of development.
(2) SEDIMENTATION
Retain sediment produced by soil disturbances on site where the disturbance occurs and prohibit run-off
into any water body, wetlands, or riparian area.
(3) REVEGETA TION
Revegetate clearing and grading as soon as possible, but in no event longer than one growing season after
conclusion of development on a site.
(h) Water Quality
(1) All land uses shall comply with those setbacks required by Sec. 7-20-80 and those setbacks required
by Table 5-1.
(2) Activities and development shall comply with all state and federal statutes and regulations
concerning the protection and enhancement of water quality (including but not limited to the requirements
of all state and federal permitting programs).
(3) Activities and development shall be consistent with maintenance of the Stream
Classifications for the Roaring Fork River watershed, as identified in Section 208 of the
Roaring Fork Watershed Management Plan, and shall comply with state regulations pertaining to
maintenance of those classifications.
(i) Efficient Water Use
Activities and development shall emphasize the most efficient use of water, including, to the extent
permissible under law, the re -cycling and reuse of water.
Response: The Applicant will comply with the above but will need to make provisions
within the 100 -foot stream setback for the access to the Eli Cerise Ditch for inspection
and maintenance (including their equipment) by it's owners. Any sediment generated as a
result of ditch work will be the responsibility of the ditch owners and not the Property
owner.
7-20-40: FLOODPLAIN HAZARDS
(a) Floodplain Maps
(1) In addition to the Pitkin County Floodplain Regulations, the standards in this section apply to
mapped floodplain hazard areas as depicted in the Federal Emergency Management Agency (FEMA)
Flood Insurance Rate Map, National Flood Insurance Program (June 4, 1987, and including any
subsequent amendments to that map) and areas determined by the County Floodplain Administrator to be
in flood hazard areas.
(2) Where a property owner believes that the mapped floodplain hazard areas shown on the
FEMA Flood Insurance Rate Map are inaccurate, the property owner may request that FEMA process an
amendment to that map, or may present alternative mapping to the County Engineer, who may accept such
mapping as an indication of the floodplain area only if the County Engineer believes the alternative
mapping to be more accurate than the FEMA Flood Insurance Rate Map.
(3) Where the 100 year or intermediate regional flood has not been established, a property owner may
conduct a floodplain study to determine the boundaries of the floodplain. The property owner should
consult with the County Engineer to determine the appropriate methodology for the floodplain study.
(4) Where the 100 year or intermediate regional flood has not been established by the FEMA Flood
Insurance Rate Map pursuant to subsection (1) above, or by a property owner study pursuant to subsection
(3) above, this regulation shall apply to all lands within an area that is twenty (20) horizontal or five (5)
vertical feet (whichever land area is greater) from the existing high water line on any river, stream or
material drainage channel, and any area that the County Flood Administrator determines to be a flood
hazard area.
(S) It shall be the burden of the applicant to demonstrate that the property seeking development approval
is not within a floodplain hazard area.
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Response: The Applicant will comply with the above and as any proposed building
envelope would be separated from the level of the Roaring Fork River by at least 20 to 40
vertical feet and the 100 -foot stream setback, it will be well above the level of the 100 -
year flood plain. The only development anywhere near the flood plain on the Property
would be improvements to or maintenance of the Eli Cerise Ditch.
(b) General Standards
(I) All activity and development is prohibited within the 100 year floodplain except as specifically
permitted in this subsection (b) or by subsections (c), (d), or (e) below.
(2) Within the 100 year floodplain, no use, fl/1, construction, excavation, embankment, or alteration on
or over any portion of the floodplain shall be permitted that would result in any of the following:
(a) The storage or processing of materials that in times offlooding are buoyant, flammable, explosive,
or otherwise potentially injurious to human, animal or plant life.
(b) The disposal ofgarbage or other solid waste materials.
(c) The human occupation of structures either fixed or mobile, permanent or temporary.
(d) Substantial solid debris being carried downstream by floodwaters.
(e) Any obstruction that would impair the flow or storage capacity of a floodplain so as to cause
foreseeable damage to others either within or outside of floodplain boundaries.
09 A substantial increase in sedimentation or erosion.
(g) The infiltration of floodwaters into on-site water supply and wastewater disposal systems that
would impair their functioning or pollute the stream.
(h) Damage to or destruction. of aquatic ecosystems, including but not limited to, wetlands and
riparian habitat areas.
Response: The Applicant will comply with the above
(c) Uses Permitted
The following uses shall be permitted in a floodplain area to the extent that they are not prohibited by any
other regulation and they comply with the guidelines set forth in subsection (b) above.
(1) Agricultural uses such as general farming, grazing, forestry, sod farming and wild crop harvesting.
(2) Public and private recreational uses, such as parks, natural swimming areas, golf courses, driving
ranges, picnic grounds, wildlife and nature preserves, game farms, shooting preserves, target ranges, trap
and skeet ranges, hunting, fishing, skiing and hiking areas if such uses do not cause concentration of
people in areas during high hazard probability. Any structures associated with such uses shall be subject to
the provisions ofsubsection (b) above.
(3) Bridges or other structures for irrigation, drainage, flood control, hydropower, or water diversion
may be allowed upon approval of plans and specifications by the County Engineer and Community
Development Director, provided they are engineered to prevent blockage of drainage channels during peak
water flows and their placement does not result in the loss of wetlands or riparian areas. All structures
shall be required to clearspan the waterway to the maximum extent practicable.
Response: The Applicant will comply with the above although the Eli Cerise Ditch is an
existing non -conforming use in this instance but maintenance is allowed under 9-40-10
and 9-40-20 sections of the PCLUC.
7-20-60: WILDFIRE HAZARDS
This section establishes the standards for development in wildfire hazard areas. The level of hazard is
determined primarily by grade or slope and continuity of fuels. As a general guideline, low hazard is
located on slopes of zero to twenty (0-20) percent with discontinuous fuels; moderate hazard is located on
slopes of ten to twenty (10-20) percent with continuous fuels, or on slopes greater than twenty (20) percent
with discontinuous fuels; and severe hazard is located on slopes of greater than twenty (20) percent with
continuous fuels.
(a) Wildfire Hazards Map
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Areas of "Severe Wildfire Hazard" and "Low to Medium Wildfire Hazard" are designated on the Pitkin
County adopted Wildfire Hazard Area Maps, which are maintained in the Community Development
Department. However, the maps are only a general reference, and actual wildfire hazards shall be field
verified. In the event field verification identifies areas of wildfire hazard not identified on such maps, the
provisions of this Sec. 7-20-60 shall apply to such areas. In each case where an applicant's property is
located partially or entirely within an area of "Severe
Wildfire Hazard" or "Low to Medium Wildfire Hazard, " a wildfire expert acceptable to the County shall
visit the property to evaluate the level of risk in more detail. The wildfire expert may confirm the levels of
risk indicated on the Wildfire Hazard Area Maps, or may recommend that all or a portion(s) of the site be
reclassified to a higher or lower level of wildfire risk. In addition, the wildfire expert shall make
recommendations regarding any mitigation measures that should be implemented in light of the proposed
activity or development, and such recommendations shall be considered by the County in the Site Plan
process.
(b) Wildfire Hazard Area Delineation and Activity Envelope
If requested by the Community Development Department during a pre -application conference, the Site
Plan shall delineate all areas of "Severe Wildfire Hazard" and "Low to Medium Wildfire Hazard" within
the Activity Envelope and within one hundred (100) feet outside the Activity Envelope. In the case of
varying hazard levels within the Activity Envelope, it shall be sufficient to label the entire Activity Envelope
with the highest level hazard existing in any port of such area. The Activity Envelope should be designed to
avoid areas of "Severe Wildfire Hazard", and to mitigate wildfire hazards in areas of "Low to Medium
Wildfire Hazard" as set forth in this Sec. 7- 20-60. All wildfire mitigation and creation of defensible space
shall occur within the Activity Envelope.
(c) Standards Applicable to All Wildfire Hazard Areas
Development is allowed in wildfire hazard areas subject to conformance with the fallowing development
standards, (which may be varied upon recommendation by the wildfire expert), and conformance with the
additional standards in subsection (d) as applicable.
(1) DEFENSIBLE SPACE
The area around all buildings/structures, limited by property boundaries that may limit a property owner's
ability to comply with this section, shall incorporate landscaping with wildfire defensible space
considerations as follows (note: actual vegetation manipulation to meet these conditions may not be
necessary where the natural vegetation patterns have already fulfilled these conditions):
(a) Brush, debris and non -ornamental vegetation shall be removed within a minimum tenfoot (I O)
perimeter around all structures.
(b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a
minimum of a thirty (30) foot perimeter around a structure built on flat ground.
(For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For
Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert
acceptable to the County).
(e) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a
minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the
height of the fuel. All measurements shall be from the edges of the crowns of the fuel.
(d) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to
a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush.
(e) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet
between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been
removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be
removed
(t) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15)
feet of chimneys shall be removed.
(g) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced
where natural reduction has not already occurred.
(h) All deadfall up to a one hundred (100) foot perimeter shall be removed.
(i) No new conifer trees shall be planted within ten (10) feet of a residence.
(j) No flammable mulches shall be placed within two (2) feet of a residence.
The property owner shall be responsible for the continued maintenance of the defensible space vegetation
requirements.
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Response: The Property is mapped Low to Moderate Wildfire Hazard, with the Moderate
Hazard areas limited to the river bank and almost entirely contained within the 100 -foot
stream setback. The balance of the Property is absent contiguous fuels or slopes or both
and as such do not represent a significant wildfire risk.
Having said that; the Applicant will comply with the above code sections or supply a
recommendation from a certified wildfire expert regarding equal mitigation alternatives.
(2) ACCESS
(a) Access roads and driveways shall be built to County standards; however, these standards may be
increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service,
the Sheriffs Department, local fire protection districts and/or a person approved by the County as an
expert in wildfire area designation and mitigation. Where feasible, looped routes of access/egress to a
public road shall be incorporated in the design of a proposed development. Looped routes of access/egress
is defined as two (2) or more dedicated access roads to the main artery/highway for widely separated
ingress/egress; looped drives with one (1) entrance point or divided single entrances do not satisfy this
condition. Where this is not feasible, the Community Development Department may approve vehicular
turnaround areas a maximum of seven hundred fifty (750) feet apart installed between the road intersection
and its terminus. Turnaround areas shall be the same standard as cul-desac turnaround pads; these may be
incorporated into the proposed driveway entries.
(b) New dead-end streets shall not be permitted except for cul-de-sacs and other turnarounds
accepted by the applicable local fire district.
(c) Cul-de-sac turnaround pads shall have a minimum of a thirty (30) foot drivable surface inside
turning radius or a hammerhead or other T -turn area acceptable to the applicable local fire district.
(d) New driveways and access roadway shall enter the roadway at a ninety -degree (900) angle for the
first twenty-five (25) feet of the driveway.
(e) Fuel breaks as recommended by a wildfire expert approved by the County may be incorporated into
the design of access roads or driveways.
Response: The Property is mapped Low to Moderate Wildfire Hazard, with the Moderate
Hazard areas limited to the river bank and are almost entirely contained within the 100-
foolf stream setback. The balance of the Property is absent contiguous fuels or slopes or
both and as such do not represent a significant wildfire risk.
Having said that, the Applicant will comply with the above code sections or supply a
recommendation from a certified wildfire expert regarding equal mitigation alternatives.
(3) WATER SUPPL Y FOR FIRE SA FETY
(a) When access to a public or private pressurized water system is not available or if it is necessary to
augment fare protection water systems, private ponds may be used if approved by the Community
Development Department and the local fire district.
(b) Any fire department recommendation for individual structure water supply and storage shall be
accessible to fire department vehicles from the exterior of the structure through afire department
approved mechanism (such as afire hydrant). The amount ofstorage capacity shall be determined by the
fire protection district with a minimum of one thousand (1,000) gallon storage capacity per structure.
(c) Regardless of size, all structures (including detached garages and horse barns) where humans
congregate regularly that are located within areas identified as containing "C --
Severe Hazard: Trees "or "X --Severe Hazard: Brush " wildfire hazard shall be required to install in-
house sprinkler systems that meet the standards of the local fire protection district and the adopted
Building Code.
(d) All structures greater than five thousand (5,000) square feet in size shall be required to install in-
house sprinkler systems that meet the standards of the local fire protection district and the adopted
Building Code. At building permit submittal, the local fire protection district may require smaller
structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of
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proximity to fire protection services.
Response: The Applicant will comply with the above code sections or supply a
recommendation from a certified wildfire expert regarding equal mitigation alternatives.
(4) ROOFING MATERIALS, ROOFING VENTS AND PROJECTIONS AT AND BELOW ROOF
LINE
Unless the wildfire expert has recommended a different method of construction, roofs andprojections at or
below roof line in Low, Medium and Severe Wildfire Hazard Areas shall be constructed according to the
following specifications:
(a) Low Hazard Area
1. Roofing Materials
a. Class A covering or Class A Assembly as defined by the currently adopted
Building Code.
b. No wood shakes or shingles.
c. All other adopted Building Code compliant methods and materials permitted.
(h) Medium Hazard Area
1. Roofing Materials
a. Class A covering or Class A Assembly as defined by the currently adopted building code.
b. No wood shakes or shingles.
2. Roof Venting
a. Soffit venting shall be located in the outer 1/3rd portion of the overhang.
b. Attic, soft and other roof venting shall be of non -corrosive metal mesh with maximum 114 "
openings.
3. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs,
Fascias, or Other.
a. Sheath with non-combustible materials, or
b. Combustible materials underlain with 518" Type Xgypboard or equal, or
c. Minimum 4x6 rafters with 2x T&G decking.
4. Decks, Decking, Cantilevered Floors, or Other Projections Below the
Roofline:
Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction.
5. Other
Any methods approved for Severe Wildfire Hazard Areas may be used in Medium Wildfire Hazard Areas.
(c) Severe Hazard Area
All requirements for Medium Wildfire Hazard Areas apply with the following modifications:
1. Roofing Materials:
a. Class A covering or Class A Assembly as defined by the currently adopted building code.
b. No wood shakes or shingles.
2. Projections at the Roofline, including Soffits, Rafters, Porch or Deck. Roofs,
Fascias, or Other:
a. One (1) hour rated material or any material underlain by 518" Type X
gypboard or equal, or b. "Type IV" Heavy Timber materials, per the currently adopted building code.
3. Decks, Decking, Cantilevered Floors, or Other Projections Below the
Roofline.
a. Construction with noncombustible or one (1) hour rated material, or material with flame
spread <25 (tested to ASTM E84 and listed for exterior use), or
b. Conventionally framed deck with waterproof surface and underside protected with 518 " Type X
gypboard or equal (decking as "a" above), or
c. "Type IV" Heavy Timber materials: joist and beams minimum 6"x10 ",columns minimum
8' z8 ", decking minimum 4" in depth, or decking as "a " above; or equivalent log construction, or
d. Enclose projection vertically to ground with one-hour fire resistive materials.
Decking as "a" above.
4. Railings
Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials.
5. Exterior of the Structure, Including All Walls
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a. One (1) hour fire resistive rated materials, or
b. 5/8" gypboard underlying combustible materials, or
c. Cement stucco, minimum 3/4" thickness.
d. All glazing to be tempered glazing; and
e. Doors to be metal or wood 1314 " thick minimum.
6. Foundations
Foundations, skirting, and crawl space openings shall be fully enclosed and constructed with materials
approved for one (1) hour fire -resistive construction on the exterior side of the walls and shall extend from
the top of grade to the underside of the floor decking or walls.
(d) All Hazard Areas
Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Severe Wildfire
Hazard Areas unless they comply with the following:
1. All roof coverings shall be constructed of non-combustible materials and installed on a Class A
roof assembly.
2. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
3. Protrusions above the rooline, such as parapets, shall be prohibited.
4. Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of 1:48.
S. All roof designs, coverings, or equivalent assemblies shall be specifically approved
by the Fire Marshall prior to submittal of a building permit application.
Response: The Applicant will comply with the above code sections or supply a
recommendation from a certified wildfire expert regarding equal mitigation alternatives.
(5) MAINTENANCE AND MISCELLANEOUS REQUIREMENTS
(a) Roofs and gutters shall be kept clear of debris.
(b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (1 /4) inch
maximum.
(c) Yards shall be kept clear of all litter, slash and flammable debris.
(d) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away
from any structure.
(e) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than
six (6) inches.
(f) Firewood/woodpiles shall be stacked on a parallel contour a minimum of fifteen (15) feet away
from the structure.
(g) Swimming pools and ponds shall be accessible by the local fare district.
(h) Fences shall be kept clear of brush and debris.
(i) Wood fences shall not connect to other structures.
61 Fuel tanks shall be installed underground with an approved container.
(k) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a
contour away from the structure with standard defensible space vegetation mitigation around any
aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for
two (2) hour fire -resistive construction on the exterior side of the walls.
(1) Each structure shall have a minimum of one ten (10) pound ABC fare extinguisher.
(m) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at
the primary point of access from the public or common access road and installed on a non-combustible
Post.
(n) Additional recommendations from the Colorado State Forest Service, the Pitkin County
Sheriffs Department, the local fare protection district and/or a person certified by the Community
Development Department as an expert in designation of wildfire areas and wildfire mitigation may be
incorporated into any conditions of approval as necessary to mitigate wildfire hazards.
Response: The Applicant will comply with the above code sections or supply a
recommendation from a certified wildfire expert regarding equal mitigation alternatives.
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(d) Additional Development Standards for Severe Wildfire Hazard Areas
(1) Development is prohibited within or immediately adjacent to any Severe Wildfire Hazard
Area, unless it is determined that: (1) there is no alternative development area on the property that is
free of "C --Severe Hazard: Trees "or "X --Severe Hazard. Brush" wildfire hazards; or (2) development
within the Severe Wildfire Hazard Area is preferable to alternative Low to Medium Wildfire Hazard
site(s) because of other hazard concerns relating to the alternative site(s).
(2) Development permitted in Severe Wildfire Hazard Areas pursuant to this section shall be subject to
all of the standards of Sec. 7-20-60(c) above.
(e) Recommendations of Wildfire Expert
In the case of both "Severe Wildfire Hazard Areas " and "Low to Medium Wildfire Hazard Areas ", the
wildfire expert is authorized to recommend that mitigation be provided through any combination of the
structural design and construction techniques and the defensible space techniques identified in this Sec.
7-20-60.
Response: The Property is mapped Low to Moderate Wildfire Hazard and Applicant will
comply with the above Low to Moderate code sections or supply a recommendation from
a certified wildfire expert regarding equal mitigation alternatives.
7-20-70: WILDLIFE HABITAT AREAS
This section establishes land use standards for wildlife habitat to preserve, protect, and expand the full
range of biodiversity present in Pitkin County. Wildlife habitat shall be addressed broadly to include
locations that are ecologically significant and where activities or structures would interfere with important
wildlife functions and activities. For purposes of this Sec. 7-20-70, Constrained Areas shall include, but
shall not be limited to, locations that include: any portion of a wetland, riparian habitat; critical wildlife
habitat, severe winter range, and/or winter concentration areas; wildlife migration corridors or habitat;
wildlife production, birthing or calving areas; important waterfowl and wading bird habitat areas;
significant mountain sage, aspen, and mountain shrub dominated habitat; and rare, imperiled, sensitive,
threatened, or endangered species critical habitat.
Response: The Property does not contain any of the above areas with the exception of
riparian habitat which occurs only in the area between the Eli Cerise Ditch and the
Roaring Fork River and as such is not included within the Applicants Activity Envelope
by virtue of the 100 -foot stream setback.
(a) Wildlife Habitat Maps
Areas of designated wildlife habitat are shown on the adopted County Wildlife Resource
Information System maps (the Wildlife Maps), which are maintained in the Community
Development Department. Areas shown on those maps are known to be wildlife habitat areas by the
Colorado Division of Wildlife. In all cases, mapping will be field verified by the Colorado Division of
Wildlife or a wildlife expert approved by Pitkin County. The following regulations shall apply to all areas
known to be wildlife habitat as a result of such field verification, regardless of whether those areas are
mapped on the wildlife maps.
Response: The Property is not mapped on any of the Wildlife Maps as containing
designated wildlife habitat.
(b) General Principles
Delineation of the Activity Envelope, and the location and design of activities and structures within the
Activity Envelope, shall be based on consideration of the five (S) principles listed in subsections (1)
through (S) below. These principles shall be evaluated not only on a site specific basis, but should also be
used to consider the location and role of the property in the context of larger habitat and wildlife patterns.
Implementation of these principles may also include consideration of connectivity between other parcels
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and the cumulative effect of the proposed activity or development in light of other activity in the area
affecting related habitat areas.
Approved development shall:
(1) Maintain large, intact areas of native vegetation and habitat area by preventing fragmentation of
those patches by development.
(2) Protect rare landscape elements such as locally rare vegetation, unique rock formations, sheltered
draws or drainageways, or other features, and guide development towards areas of landscape containing
more common elements.
(3) Maintain connections among wildlife habitats by identifying and protecting corridors for movement.
(4) Contribute to the regional protection ofrare species by protecting their habitat locally.
(5) Minimize the combined and cumulative impacts of activities and development on wildlife species,
wildlife habitat, wildlife movement, and unique landscape elements.
Response: The Applicant will comply with the above and in addition commits that any
construction, fencing or landscaping will be constructed in such a way as to not hinder
the transiting of the Property by wildlife..
(c) General Standards
The standards in this section apply to all wildlife habitat areas shown on the Wildlife Resource Information
System maps or field verified by a wildlife expert approved by the County, or by the Colorado Division of
Wildlife.
(1) When existing native vegetation must be altered within the Activity Envelope, the applicant may be
required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute
(in a nearby area on the subject property) vegetation equal in type and quantity to that being removed to
mitigate effects on wildlife species. Should there be no opportunity on the property.for habitat mitigation or
restoration, off-site mitigation benefiting the same species may be required, or financial mitigation may be
paid into a County habitat mitigation fund should such a fund be established in the future.
(2) Manipulation of vegetation outside of the Activity Envelope is prohibited.
(3) Mesh or woven wire fences are prohibited outside the Activity Envelope.
(4) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed
fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall
have at least eighteen (18) inches between the lower two (2) rails.
(5) Wire fencing must be three (3) strands or less. The top wire should be a twelve -point -five
(12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands
(which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire
preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from
the ground.
(6) Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to
five (5) per acre whenever possible as nesting and perching habitat.
(7) In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within the
Activity Envelope. This does not include pre-existing native trees and shrubs.
(8) Development shall be clustered to the maximum extent possible to minimize impact on wildlife.
(9) Accesss shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or
otherwise managing wildlife.
(10) Trash/garbage shall be kept in an approved bear resistant container or enclosure.
(11) Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be
at least ten (10) feet from the gound suspended betweetn two (2) trees or posts. All seed feeders shall
include a seed catchment pan to catch discarded seed.
(I2) Horse grains, pellets, and cookies shall be stored in bear resistant containers.
(13) Petfood shall not be left outside.
(14) [Reserved for standard for raptor protection from new above ground utility poles].
Response: The Property is not shown on any of the wildlife maps as being a wildlife
habitat area.
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(d) General Buffer Standards
Structures located near wildlife habitat shall comply with the following standards for maintaining buffer
distances, unless (i) Pitkin County or the Colorado Division of Wildlife suggests that a different buffer is
appropriate due to unusual wildlife factors or other unique features of the property, and the alternative is
approved through the Site Planning process, or (ii) the parcel in question is too small to accommodate the
required buffers, in which case the buffers shall be provided to the maximum extent practicable.
(1) NEST/ROOST BUFFER
The minimum buffer for any structure located near an active peregrine falcon, osprey, golden eagle, or
bald eagle nest or roost site shall be one-half (1/2) mile (2, 640 feet) in Rural Areas, and five hundred (500)
feet in Urban Areas. The minimum buffer for any structure located near any other active raptor nest site
(except American kestrels) shall be one-quarter (114) mile (1, 320 feet).
(2) INTENSIVE USE BUFFER
Intensive uses such as commercial, industrial or motorized commercial/organized recreational uses, open
pit mineral extraction or the construction of roadways shall require a building or structure buffer of a
minimum of one thousand (1,000) feet from any wildlife habitat area in Rural Areas, and five hundred
(500) feet in Urban Areas.
(3) ENDANGERED, THREATENED, OR RARE SPECIES
No structure shall be located in rare, threatened, or endangered species critical habitat.
There shall be a minimum one-half 1/2 mile (2,640 foot) buffer between any building or structure and any
threatened or endangered species critical habitat. There shall be a minimum one-quarter (114) mile (1,320
foot) buffer between rare and/or imperiled species habitat.
(4) IMPORTANT WATERFOWL AND WADING BIRD HABITAT AREA
There shall be a minimum three hundred (300) foot buffer between any building or structure and important
waterfowl and wading bird habitat areas. Within all important waterfowl and wading bird habitat, dogs
shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision.
(5) WILDLIFE MIGRATION CORRIDORS
There shall be a minimum one-quarter (114) mile (1,320 foot) buffer between any building or structure and
wildlife migration corridors.
(6) CRITICAL WILDLIFE HABITAT, SEVERE WINTER RANGE, WINTER CONCENTRATION
AREA
There shall be a minimum one-quarter (114) mile (1,320 foot) buffer between any building or structure and
critical habitat, severe winter range, and/or winter concentration areas.
Response: The Property does not contain any of the above areas,
(e) General Livestock and Domestic Animals
The following standards shall apply to all habitat areas unless a standard for livestock and domestic
animals in relation to specific species is provided in subsection (f) below, in which case the standards in
subsection (f) shall govern.
(1) WETLAND AND RIPARIAN AREAS
Activities that involve the keeping of livestock and/or horses adjacent to wetlands or riparian areas or their
buffer areas shall include provisions in the Site Plan that protect the wetland and buffer areas from
damage due to such domestic animals or livestock.
(2) WINTER RANGE, SEVERE WINTER RANGE, AND WINTER CONCENTRATION AREAS
AND CRITICAL HABITAT
If development is approved within winter range, severe winter range, winter concentration areas and
critical habitat, dogs shall be kenneled within fifty (50) feet of the residential buildings or leashed under
human supervision when outside a required kennel.
(3) WILDLIFE MIGRATION CORRIDORS
If development is approved within migration corridors, dogs shall be kenneled within fifty (50) feet of the
residential buildings or leashed under human supervision when outside a required kennel within a 114 mile
(1,320 feet) ofmigration corridors and within or adjacent to migration patterns, transition range, or
highway crossings.
(4) WILDLIFE PRODUCTION AREAS
If development is approved within or adjacent to wildlife production areas, dogs shall be kenneled within
fifty (50) feet of the residential buildings or leashed under human supervision when outside a required
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kennel. If livestock is present, a livestock management plan shall be required to prevent interference with
wildlife production.
(5) PREDATION
If the County determines that one or more wildlife species on or near the property are subject to predation
by domestic animals, including dogs and cats, the County may impose additional standards to reduce or
eliminate such predation.
(6) OVERGRAZING
Overgrazing of ranges by livestock shall be avoided.
Response: The Applicant will comply with the above code sections.
(f) Additional Species -Specific Standards
(1) DEER, ELK AND BIGHORN SHEEP WINTER CONCENTRATION AREA/SEVERE
WINTER RANGE/CRITICAL HABITAT
Development is prohibited within deer, elk, and bighorn sheep winter concentration areas and severe
winter range areas. In the event that an application is denied because there is no hazard free area on a
site, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-
150, the proposed activity or development shall be reviewed according to the following standards and shall
comply with Secs. 7-20-70(b), (c), and (e). Approved development shall:
(a) Prohibit commercial activity (such as seismic activity, construction and timber harvesting) and
recreational uses from December 1st through March 31st.
(b) Prohibit dogs within or adjacent to elk, mule deer, and bighorn sheep severe winter ranges and
winter concentration areas, except for dogs working as part of an agricultural operation.
(2) DEER, ELK AND BIGHORN SHEEP WINTER RANGE
Land uses located in deer, elk or bighorn sheep winter range shall comply with Secs. 7-20-70(b), (c), and
(e), and the standards in this section.
(a) High impact recreational uses are prohibited.
(b) Dogs within or adjacent to winter range shall be kenneled, except for working dogs when at work.
(3) DEER AND ELK MIGRATION PATTERNS/CORRIDORS AND HIGHWAY CROSSINGS
Development that blocks a deer or elk migration corridor and prevents migration between summer and
winter ranges is prohibited. In the event that an application is denied because there is no hazard free area
on a site, and an appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-
40-150, the proposed activity or development shall comply with Secs. 7-20-70(b), (c), and (e), and the
standards in this section.
(a) Dogs within one-quarter (114) mile (1, 320 feet) of mule deer and elk migration corridors and
patterns shall be kenneled, except for working dogs when at work.
(4) DEER AND ELK PRODUCTION AREAS
Development is prohibited within deer and elkproduction areas. In the event that an application is denied
because there is no portion of the site outside of a deer or elk production area, and an appeal is later
granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-90 or See. 2-40-130, the
proposed activity or development shall comply with Secs. 7-20-70 (b), (c), and (e), and shall be reviewed
according to the following standards. Approved development shall:
(a) Prohibit other activities during the calving season that would disrupt reproduction.
(b) Dogs are prohibited within one-quarter (114) mile of deer or elk production areas. Dogs within
one-half(112) mile of deer or elk production areas shall be kenneled.
(c) Manipulation of vegetation is prohibited, except as approved by the Colorado Division of Wildlife
or a wildlife expert approved by Pitkin County.
Response: The Property does not contain any of the above areas but the applicant will
comply with the provisions of this code section as they apply to the Property.
(g) Tinting of Construction
(1) WINTER RANGE, SEVERE WINTER RANGE, AND WINTER CONCENTRA TION AREAS
No construction shall be permitted from December 1st through March 31st if the proposed development is
within one-quarter (114) mile (1,320 feet) of a winter range, severe winter range. or winter concentration
areas.
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(2) WILDLIFE MIGRATION CORRIDORS
No construction shall be permitted within or adjacent to wildlife migration corridors between October 15th
and November 30th or between April 15th and May 30th.
(3) WILDLIFEPRODUCTIONAREAS
No construction shall be permitted in or adjacent to wildlife production areas between May 15th and June
30th.
Response: The Property does not contain an of the above listed wildlife habitat areas.
7-20-80: RIVER AND STREAM CORRIDORS AND WETLANDS
(a) Riparian and Wetland Areas and Buffers
(1) PROTECTED FEATURES
Each Site Plan shall identify each of the following features on the property.
(a) `Blue line" perennial streams shown on U.S. Geological Survey maps of the area; and
(b) Intermittent streams or streambeds known or apparent from field study, with the exception of man-
made waterways such as ditches and water features.
(c) Isolated, natural wetland and riparian areas.
Response: The Property does not contain any of the above features with the exception of
the Roaring Fork River.
(2) MINIMUM SETBACKS
All activity and development shall maintain a minimum setback from the protected features identified in
subsection (1) above.
(a) All activity and development after the 5th of July, 2006 shall maintain a riparian area/wetland
buffer of at least one hundred (100) feet, measured horizontally from the identifiable high waterline of
each feature identified in subsections (a)(1)(a) and (b) above. This one hundred (100) foot setback may
be reduced to between one hundred (100) feet and a minimum of fifty (50) feet upon demonstration by
the applicant that such reduction shall not result in water quality degradation, stream bank erosion and/or
a reduction in the quality of riparian or wetland habitat.
(b) All activity and development after the 5th of July, 2006 shall maintain a buffer of a minimum of
twenty-five (25) feet from isolated wetlands and/or riparian areas identified in (a)(1)(c) above.
(c) All activity and development existing on the 5th of July, 2006 shall (i) maintain a riparian
area/wetland buffer of at least fifty (50) feet from each feature identified in subsection (1) above to the
maximum extent practicable, and (ii) not be extended or expanded further into such fifty (50) foot buffer
area.
Response: The proposed Activity Envelope provides for the required 100 -foot setback
from the Roaring Fork River with the exception of a small access corridor to allow the
owners of the Eli Cerise Ditch access for themselves and their equipment for the
inspection, maintenance and repair of the ditch.
(3) ADDITIONAL SETBACKS
(a) Site Specific Factors
In addition, some or all activity and/or development may be required to maintain an additional riparian
area/wetland setback of up to fifty (50) feet from each feature identified in subsection (a)(1)(a) and (b)
above -- beyond the minimum setback in subsection (2) above. The width of any required additional
setback may vary across different portions of the property, and the types of activities or development
prohibited within the additional setback may also vary in different portions of the additional setback.
Establishment of any additional setback requirement shall be based on an analysis of the following limiting
factors during review of the Site Plan or Activity Envelope for the proposed development or activity:
1. Slopes adjacent to the protected feature equal or exceed thirty (30) percent.
2. Highly erodible soils or unstable streambank conditions are present.
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3. The proposed use of the property presents a special hazard to water quality or wetlands (e.g.,
storage or handling of hazardous or toxic materials).
4. The one hundred (100) year or intermediate regional flood zone exceeds the minimum fifty (50)
foot setback requirement.
5. Trees, shrubs, or other natural features that provide for streambank stability, habitat enhancement
for aquatic environments, and riparian area protection exist, or to maintain pre -development riparian
plants.
6. Habitat for plant, animal, or other wildlife species listed as threatened or endangered by the
United States Fish and Wildlife Service exists.
7. Habitat for plant, animal, or other wildlife species listed by the State of Colorado as rare,
threatened, or endangered, species of special concern, or species of undetermined status exists.
8. The area is needed to prevent or minimize flood damage by preserving storm and flood water
storage capacity.
9. The area is needed to protect fish spawning, breeding, nursery and feeding grounds.
10. The area is needed to preserve areas of special recreational, historical, archeological, scenic, or
scientific interest.
Response: The above do not apply to the Property.
(b) Public Health and Safety
In appropriate cases, a setback of greater than one hundred fifty (150) feet may be required by the Board of
County Commissioners in order to protect the public health, safety and welfare.
Response: Within a mile the Property there is the Aspen Landfill, Aspen Village Trailer
Park, Aspen Highschool Employee Housing Project, and any number of large single-
family dwellings, so any development on this Parcel will not adversely impact the public
health, safety or welfare.
(b) General Standards
(1) All development and activity involving disturbance of the land shall be prohibited within the setbacks
established in subsection (a) above, except as permitted by subsection (c) below.
(2) In the event that an application is denied because there is no portion of the site where the proposed
activity can take place outside of the required buffer areas, and an appeal is later granted pursuant to Sec. 2-
20-180, or relief is granted pursuant to Secs. 2-40-90 or 2-40-150, the proposed development shall be
reviewed according to the mitigation standards in subsection (d) below.
(c) Exceptions
(l) Bridges, roads, paved and gravel trails, utility crossings, existing overhead utility lines, irrigation
devices, water diversion facilities, culverts, flood control structures, and other structures may be permitted
in riparian and wetland buffer areas upon a finding that there is no feasible alternative location and that any
adverse impacts will be adequately mitigated as required by subsection (d) below.
(2) Bank stabilization and riparian restoration work may also be permitted in riparian and wetland buffer
areas upon a finding that any adverse impacts will be adequately mitigated, as required by subsection (d)
below.
(3) Development on lots in County approved subdivisions with designated building or development
envelopes.
(4) Development on lots in the Lazy Glen MHP Subdivision/PUD may develop according to setbacks
identified in the PUD approval.
(5) Development on lots zoned VC or VR in the Redstone Historic Townsite shall maintain a minimum
twenty (20) foot setback, measured horizontally from the identifiable high water line of each feature
identified in subsections (a)(1)(a) and (b) above.
Response: The Applicant will comply with the provisions of this code section as they
apply to the Property.
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(d) Mitigation Standards
Any disturbance of the buffer area must be reclaimed by regrading and revegetation in accordance with the
Pitkin County Revegetation Guide or as directed by the Pitkin County riparian expert, the U.S. Army Corps
of Engineers, U.S. Environmental Protection Agency, or Colorado Division of Wildlife, and compliance
with such standards shall be included as a condition of any approval. In addition, the following standards
shall apply:
(1) Utility corridors in buffer areas shall be located at the outside edge of the buffer.
(2) Access roads for utility maintenance shall be located outside the buffer area.
(3) Access for utility maintenance in buffer areas should be at specific points rather than parallel to the
utility corridor.
(4) Development shall incorporate specific measures designed to reduce erosion and prohibit
sedimentation; no development that will increase stream sedimentation and suspension loads shall be
permitted.
(5) Development shall comply with Sec. 7-20-30 and those stream setbacks contained in Table
5-1.
(6) Removal or disturbance of vegetation in riparian and wetland buffer areas shall be avoided to the
maximum extent practicable.
(7) Areas where vegetation in wetland or riparian buffer areas is disturbed or removed shall be
revegetated as quickly as possible, but in no event later than one growing season following conclusion of
construction activities in the area.
(8) Channelization of streams is prohibited; development shall be designed to fit the channel rather than
allowing changes in the channel in order to fit the development.
(9) Perennial stream channels shall be bridged whenever possible; when this is not practicable, culverts
shall be designed to avoid plugging and prevent washouts.
(10) Development shall not result in the raising of water temperatures.
(11) No changes to any stream channel or its capacity shall be permitted; provided, however, that bridge
abutments may affect the stream channel if they do not substantially encroach on the flood channel and
comply with other building permit conditions.
(12) Development shall not result in sewage outfalls or point or nonpoint sources of organic and
inorganic pollutants that have the potential to degrade water quality or to otherwise degrade the aquatic
habitat.
Response: The Applicant Will comply with the provisions of this code section as they
apply to the Property.
4-30-50: ACCESSORYAND TEMPORARY USES
(e) Caretaker Dwelling Unit
These standards are for the purposes ofproviding a voluntary caretaker dwelling unit on a legally created
lot or parcel in the County. Caretaker dwelling units createdpursuant to these provisions, shall not be used
for mitigation of employee housing requirements as established elsewhere in this
Land Use Code.
(1) CDU AS PERMITTED ACCESSORY USE
In the RS -160, RS -35, RS -30, RS -20, AR -10, AR -2, R-30, R-15, R -15A, and R-6 zone districts, one (1)
caretaker dwelling unit shall be a permitted accessory use provided that:
(a) It is attached to a single-family home ("principal dwelling');
(b) The lot or parcel on which it is located conforms to the minimum lot are requirements for each
dwelling in the zone district in which the caretaker dwelling unit is located, as shown in
Table 5-1;
(c) The caretaker dwelling unit shall not exceed one thousand (1,000) net livable square feet on lots or
parcels that are thirty thousand (30, 000) square feet or greater in lot area, and seven hundred (700) net
livable square, feet on lots or parcels that are less than thirty thousand (30, 000) square feet in lot area;
(d) The floor area of the caretaker unit shall be included in the total allowed floor area for the lot or
parcel of land (e.g., if the CDU is seven hundred (700) square feet, the maximum total area of the
primary residence and other included accessory structures shall be seven hundred (700) square feet less
than what would apply without the CDU);
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(e) One (1) off-street parking space shall be provided for each caretaker dwelling unit.
(/)The applicant shall by deed restriction or other permanent commitment running with the land
guarantee that the caretaker dwelling unit:
L Shall not be required to be rented;
2. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the
ultimate form of ownership of the caretaker unit;
3. Shall be limited to occupancy by (i) not more than two (2) adults, and related children, who
qualms as (and have been found by the Housing Office to be) employees of the community under such
guidelines as may from time to time be established, or (ii) members of the owner's immediate family,
even though they may not qualms as employees of the community.
4. Shall be rented for terms not less than six (6) months if rented.
(g) The Caretaker Dwelling Unit restriction may be removed by the property owner upon approval of
the Community Development Director, subject to the requirement that the dwelling is removed or
modified. If modified, the remaining improvements must no longer be capable of occupancy as a
dwelling unit and must meet otherwise applicable requirements of this Land Use Code.
(h) The provisions of this regulation are for the purpose ofproviding a voluntary Caretaker Dwelling
Unit on a legally created lot or parcel in the County. Any unit approved under this provision of this Land
Use Code shall not be used for mitigation of employee housing requirements as established elsewhere in
this Land Use Code.
(2) CDU AS SPECIAL REVIEWACCESSORY USE
A caretaker dwelling unit that is (a) located in the LIR-35, VR, B-2, VC, P -I, or T zone district, or (b)
located on a lot orparcel that does not meet the minimum lot area requirements for each dwelling unit in
the zone district where it is located, as set forth in Table 5-1, or (c) is detached from the principal single-
family dwelling on the lot or parcel, shall require approval through the Special Review Use process in
Chapter 2, and shall meet the requirements of subsections (1)(c) through (1)(g) above.
Response: The Applicant is requesting permission for a detached CDU and will comply
with the above requirements. As previously mentioned, the initial development on the
Property will take place on the western edge pf the Property and the Principal Dwelling
built there will be constructed such that it can be deed restricted as a CDU when the main
house is eventually completed or it will be modified so as to make it conform with the
CDU regulations or rendered uninhabitable.
6-30-40: EXEMPTION FOR DEED RESTRICTED DWELLING UNITS
(c) Caretaker Dwelling Units ("CDUs `)
One (1) Caretaker Dwelling Unit ("CDU') may be exempted from Growth Management on any lot or
parcel located in a zone district in which a CDU is an allowed use, a use allowed by special review, or a
use allowed as part of a master plan, as shown in Table 4-1. The CDU may be allowed even if the lot or
parcel is substandard in size and the resulting development on the lot or parcel would not conform to the
underlying zone district's minimum parcel size. for each dwelling unit, subject to the standards in Sec. 4-30-
50(e). The CDU may be either attached to a single-family dwelling unit ('principal dwelling') or other use
or may be detached from the principal dwelling or other allowed use if it complies with the standards in
Sec. 4-30-50(e),
Response: CDUs are allowed in both the AR -10 and RS -20 zone districts and the
PCLUC in order to promote the use of CDUs has provided in Section (6-30 40(e) a
GMQS exemption for such attached and detached structures. When the Principal
Dwelling mentioned above is converted to a CDU it will fully comply with the above
CDU restrictions and requirements.
Roaring Fork Ranch Partnership Activity Envelope Review & CICU Special Review
Parcel ID: 2643-053-00-003 Page 25
000027
2-40-20: SPECIAL REVIEW USE
(f) Additional Special Review Procedures for Caretaker Dwelling Units
The Community Development Director may grant special review approval for a caretaker dwelling unit
subject to the following procedures:
(1) The Community Development Department shall post notice and provide mailed notice to the property
owners adjacent to the site of the lot or parcel for which a caretaker dwelling unit is proposed. The notices
shall contain the information required by Sec. 2-20-100 and shall state that the Community Development
Department will accept comments or objections regarding the application until a date at least two (2)
weeks following the postmarked date of the mailed notice. The notice shall further state that if no
objections are received by that date, the Community Development Department shall make a decision on the
application pursuant to this Land Use Code.
(2) If no objections to the application are received by the date stated in the notice, the
Community Development Department shall document the fact that no objections were received and shall
make a decision on the application pursuant to this Land Use Code.
(3) If any objections to the application are received by the date stated in the notice, the Community
Development Department shall continue the application to a public hearing before the Board of County
Commissioners.
Response: The Applicant is requesting permission for a detached CDU and will comply
with the above requirements.
Roaring Fork Ranch Partnership Activity Envelope Review & CDU Special Review
Parcel ID: 2643-053-00-003 Pa -e 26
000028
CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that
THE ROARING FORK RANCH PARTNERSHIP, A COLORADO GENERAL PARTNERSHIP are the
owner's in fee simple of the following described property:
AS SET FORTH IN DEED RECORDED IN BOOK 635 AT PAGE 547 ATTACHED HERETO
ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: UPPER RIVER RD WOODY
CREEK, CO. 81656
ENCUMBRANCES: NONE
This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only.
PITKIN COUNTY TITLE, INC.
IM
r'
authorized signature
CERTIFIED TO: at 8:00 A.M.
Job No. 2293-2
000029
NON -MERGER CERTIFICATE
PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE
STATE OF COLORADO HEREBY CERTIFIES THAT THE THERE HAS BEEN NO MERGER
OF TITLE ON THE PROPERTIES ATTACHED HERETO AS PARCELS 2643053000021
264305300003, 264305300004 AND APPROVED SUBDIVISION PARCELS.
BY REVIEW OF THE TITLE CHAIN DOCUMENTS IT CAN BE DETERMINED THAT NO
MERGER HAS TAKEN PLACE SUBSEQUENT TO THE DATES AS SET FORTH IN THE
TITLE CHAINS ATTACHED HERETO.
DATED: JANUARY 18, 2007
00003U
INC.
Roaring Fork Ranch Partnership
Property Vicinity Map
Roaring Fork Ranch Partnership: Activity Envelope Review & CDU Special Review
PID#2643-053-00-003
000031
4F,*.14 07125190 10!02' rL
625 S 5"
1 L Commonwealth -:7 - -
cr.;.y Doc 1�4`
Land Title insurance Company
EXH1.81T "A"
LEGAL DESCRIPTION
PARCEL 11.
A tract of land situated in Lots -'S'Aiid 10, Section S. Township 9 South,
Range 85 West -of the 6th Principal Meridian described as follows:
Beginning'at A point on the Soutfipio4tieirly right-of-way line of the
D&RGW Railroad whence the SW corner bf said Section 5 -bears S 37'42' W
-9.0
1521.00 feet; S 21*50' W' 7'"-'.�08, feet to the center of the
Roaring.Fork River; thence S 85."3.3''E.410.79 '-.. feet along the center of
the Roaring Fork River; thence- :n I - �E 268.12 feet along the center
of the Roaring Fork RLver; thenc'e--S:46048v E 65-50 feet along the
center of the Roaring Fork Rive I r 6-n-ce S 3237- E 49.41 .feet along
the center of the Roaring Fork thence N 380541 E 585.68 feet to
a"point on the Southwesterlylie of the said D&RGW
Railroad, thenco Northwesterl)r.a,!-d"n.g:a+di"d right-of-way line to the
Point'of beginning.
AND
00003r)
14
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATIO" N FEES,
_�
PITKIN COUNTY (hereinafter "COUNTY") and �► k -dl ��,t21� 9C.�nG.�"� ���
(hereinafter "APPLICANT") AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for �Tt J .Ty t-7�U C C00 (,
e -A> EA- (hereinafter, the "PROJECT"). 1
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 32-2002 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 the 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 $ / Qye_
which is based on $ hours of staff time, and if actual time spent by staff to process the application exceeds the average
number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly .for the additional time spent.
Such periodic payments shall be made within 30 days of the bitting date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
PITKIN COUNTY
Cindy Houben
Community Development Director
000033
QoPKI �' "., e-" plc-)M*p
("APPLICANT)
By:
Print Name and Title (if applicable)
Date: G12/ 1n?
Mailing Address: r,) /►
Xj
Arthur C. Daily
LAND & HARTP adaily@hollandhart.com
HOLLAND �
February 15, 2007
To: Pitkin County Community Development Department
From: Roaring Fork Ranch Partnership
Re: Permission to Submit Land Use Application(s) for the Roaring Fork Ranch
Partnership property at Upper River Road, Woody Creek, Colorado
Parcel ID Number.: 264305300003
Roaring Fork Ranch Partnership hereby authorizes Grafton M. Smith to submit land use
applications for and otherwise represent Roaring Fork Ranch Partnership in matters concerning
Activity Envelope, Site Plan, Caretaker Dwelling Unit, Growth Management Quota System,
TDR Receiver Site applications and other related land use issues in connection with the above -
referenced property.
7
Roaring Forship
By: Arfhur CfDaily of Holland & Hart, LLP,
its Attorney -in -Fact
400034
Holland&Hartt.v
(9701925-3476 [9701925-9367 WWWho0ae9wLCom
600 East Main Street Suite 104 Aspen, CO 81611
Roaring Fork Ranch Partnership
Adjacent Land Owners
WOODY CREEK PASTURES
C/O WILLIAM ODONNELL
144 GREEN BAY RD
WINNETKA, IL 60093
264305301011
ASPEN SCHOOL DISTRICT NO 1 RE
0235 HIGH SCHOOL RD
ASPEN, CO 81611
264305300004
ROGERS DOUG & JENNIFER
4412 FAIRFAX
DALLAS, TX 75205
264305300002
ODONNELL WILLIAM T JR
144 GREEN BAY RD
WINNETKA, IL 60093
264308100813
RFRHAROW
ICO RFTA
0766 INDUSTRY PLACE
CARBONDALE, COLORADO 81623
Roaring Fork Ranch Partnership Activity Envelope Review & CDU Special Review
Q 0 0 o a$cel ID: 2643-053-00-003
PITIUN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
PROJECT: Develop a single family residence and CDU
LOCATION: Upper River Road
ZONING: AR-10/RS-20
OWNERS: O'Donnell/Roaring Fork Ranch Partnership
REPRESENTATIVE: Grafton Smith
DATE: December 4, 2006
Type of Application: Activity Envelope Review and Special Review for a CDU.
PID# 2643-053-00-003
SIZE: 12 acres
PLANNER: Mike Kraemer, 920.5482
Description of Project/Development: The Applicant is requesting approval of an Activity Envelope with vested rights and
Special Review for a CDU. Site Plan review is not requested at this time. The Applicant has stated there is a desire to
construct a residence up to 15,000 square feet by virtue of TDR's. Special Review approval for a TDR receiver site will need
to be applied for at the time of Site Plan review. Site plan approval will need to occur prior to submission of a building permit.
The parcel is currently vacant. The parcel is located along the Roaring Fork River where there is a significant amount of
vegetation along the River bank.
Land Use Code Sections to be addressed in letter of rearrest fano_ licationl:
Sec. 2-30-20(g): Activity Envelope Criteria for Approval;
Sec. 7-10-50: Activity Envelope;.
Sec. 7-20-20: Steep and Potentially Unstable Slopes;
Sec. 7-20-20(e) 2-10: Grading;
Sec. 7-20-30: Water Courses and Drainage;
Sec. 7-20-60: Wildfire Hazard — Mapped Low/Medium Wildfire Hazard Area;
Sec. 7-20-70: Wildlife Habitat (area not mapped)
Sec. 7-20-40: Floodplains
Sec. 4-30-50(e)(l)(2): Caretaker Dwelling Unit
Sec. 6-30-40.c, GMQS Exemption for CDU
Sec. 2-40-20(f): Additional Special Review Procedures for CDU's
Staff will refer the application to the following agencies: AFD, CDOW, and Housing.
Review by: Community Development Director,
Public Hearing: No. The Applicant shall post a public notice sign on the property at least 15 days prior to the date
specified for the Administrative Decision pursuant to Sec. 2-20-100(ax3) of the Land Use Code. In addition, the
Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners with the return
address of the Community Development Department (form of notice to be obtained from the Community Development
Department). The names and addresses shall be those on the current tart records of Pitkin County, as they appear no more
than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from
the date the notice was postmarked to submit comments or objections to the Community Development Department.
FEES: $2,618 (make check payable to "Pitkin County Treasurer")
■ Planning Office flat fee: $1,848 [non-refundable; based on 8 hours of staff time (5 hours for activity envelope at $1,155 and 3 for
special review for a CDU at $693)] ; if staff review time exceeds 9.6 hours, the Applicant will be charged for additional time
above 8 hours at a rate of $231/hour)
o Public Notice Fee: $50
o Nature Resource referral fee: $560
000V36
o Housing Referral Fee: $160
To apply, submit 4 conies of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing
compliance with the Code sections listed above;
2. 24" by 36" Activity Envelope as designated in Section 2. 1.1 and CDU as designated in Section 2.1.3 of the Pitkin
County Land Use Application Manual;
3. Previous Land Use Approvals (if applicable);
4. Proof of ownership of subject property;
5. Proof of non -merger;
6. Parcel description, including legal description and vicinity map;
7. Total fee for review of the application;
8. Signed fee agreement (i copy);
9. Consent from owner(s) to process application and authorizing the representative (i copy)
10. List of all adjacent property owners and mineral estate owners (1 copy)
11. Copy of this preapp form (1 copy)
NOTES:
➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPYOF YOUR COMPLETEAPPLICATION. PLEASE
SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE
PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION.
➢ ALL .MAPS SHALL BE FOLDED.
➢ This pre -application conference summary is advisory in nature and not binding on the County. The information
provided in this summary is based on current zoning standards and staff's interpretations based upon representations
of the applicant. Additional information may be required upon a complete review of the application.
000037
Grafton�mrth
Bonnie:
I neglected to include these well permits with the Roaring Fork Ranch Partnership `s Activity
Envelope Application. Would you please add it to. the master file.
Thanks.
Grafton
0187 Lupine Drive West • Aspen, Colorado 81611 • 970 925-7120 970 925-1829 (Fax) • graftonsmith@comcast.net
000018
City & State Aspen, Colorado
Use of ground water Domestic
Owner of land on which rye l l
is located - Same
Owner of irrigated
i and -- ---
Number of acres
to be irrigated None
Legal. description of
i rr i gated land None
Other water rights on
this' land None
Aquifer (s) ground water is to be obtained
Gravels
Storage capacity 500 qal.
ANTICIPATED PUMPING RATE 50
AVERAGE ANNUAL AMOUNT OF GROUND WATER TO
BE APPROPRIATED 80072 Acre-feet
ESTIMATED 1,l£LL DATA
T. 9 S. , R. 85 4R7., , 6th
Street or
Lot & Block
City or
Subdiv. Filing
Ground dater Basin Colorado River_
Water Management
District 38
P.M.
LOCATE WELL 014 THE SACC OF THIS SHEET
Driller Collins Dr? qa Co. No. 634
Driller's '
Add; ess Box 375eCarbonc�ale, Colorado
Signature of Applicant -
AF t�QN��1 r�s�F AnP;znv�
APPROVED 1N CONJUNCTION WITH PERMIT NOS -15556
GPM and 15555 AS AN ALTERNATE POINT OF DIVERSION
FOR ONE-HALF CUBIC FOOT PER SECOND OF WATER
OWNED BY CLARENCE BERTRAM SiMONS IPI THE
WALTHEN DITCH; SUBJECT TO FINAL APPROVAL
AND ANY CONDITIONS OR TERMS THEREOF, BY
THE .DIVISION WATER COURT.
Anticipated start of driliing 19 71.
Anticipated' start of use 1971
Hole Diameter:
8 in. from p ft. to ft.
in. from ft. to ft.
Cas ing:
Plain 8 in. from 0 ft. to 45 ft.
in.'from ft. to. ft.
1—Irf, 8 in. from Ar, ft. to t.
in. fro -11 ft, to ft.
ESTIMATED PUMP DATA
Dutlet
03 9
Nin AVAI
APPLICATION APPROVED:
VALID FOR ONE (1) YEAR AFTER DATE ISSUED
-UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO
THE ISSUING AGENCY
PERMIT NO. 0�-F'ONDITIONAL
{TATE ISSUED MAY "a 1971
STAB £N � I NEER � f
BY
DIVISION OF WAT'
RESOURCES, DEPARTMENT OF MATUi
`. RESOURCES
101 Colun—ne
Bldg., 1845 Sherman Street, Denver, Coiorac
80203
+7
A PERMIT TO USE GROUND WATER
A PERMIT TO CONSTRUCT A WELL
APPLICATION FOR:
REPLACEMENT FOR NO.
-Ty`wI
A PERMIT TO INSTALL A PUMP
OTHER
PRINT OR TYPE
LOCATION OF -�'ELL
APPLICANT
Bert Simons
COUNTY Pitkin
=
Street Address Box 126
SE. of the
SW �7 5
4,
sec.
City & State Aspen, Colorado
Use of ground water Domestic
Owner of land on which rye l l
is located - Same
Owner of irrigated
i and -- ---
Number of acres
to be irrigated None
Legal. description of
i rr i gated land None
Other water rights on
this' land None
Aquifer (s) ground water is to be obtained
Gravels
Storage capacity 500 qal.
ANTICIPATED PUMPING RATE 50
AVERAGE ANNUAL AMOUNT OF GROUND WATER TO
BE APPROPRIATED 80072 Acre-feet
ESTIMATED 1,l£LL DATA
T. 9 S. , R. 85 4R7., , 6th
Street or
Lot & Block
City or
Subdiv. Filing
Ground dater Basin Colorado River_
Water Management
District 38
P.M.
LOCATE WELL 014 THE SACC OF THIS SHEET
Driller Collins Dr? qa Co. No. 634
Driller's '
Add; ess Box 375eCarbonc�ale, Colorado
Signature of Applicant -
AF t�QN��1 r�s�F AnP;znv�
APPROVED 1N CONJUNCTION WITH PERMIT NOS -15556
GPM and 15555 AS AN ALTERNATE POINT OF DIVERSION
FOR ONE-HALF CUBIC FOOT PER SECOND OF WATER
OWNED BY CLARENCE BERTRAM SiMONS IPI THE
WALTHEN DITCH; SUBJECT TO FINAL APPROVAL
AND ANY CONDITIONS OR TERMS THEREOF, BY
THE .DIVISION WATER COURT.
Anticipated start of driliing 19 71.
Anticipated' start of use 1971
Hole Diameter:
8 in. from p ft. to ft.
in. from ft. to ft.
Cas ing:
Plain 8 in. from 0 ft. to 45 ft.
in.'from ft. to. ft.
1—Irf, 8 in. from Ar, ft. to t.
in. fro -11 ft, to ft.
ESTIMATED PUMP DATA
Dutlet
03 9
Nin AVAI
APPLICATION APPROVED:
VALID FOR ONE (1) YEAR AFTER DATE ISSUED
-UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO
THE ISSUING AGENCY
PERMIT NO. 0�-F'ONDITIONAL
{TATE ISSUED MAY "a 1971
STAB £N � I NEER � f
BY
THE LOCA TI"N OF THE PROPOSED WELL SH8LL BE S#�iOWH ON THE DiAGRYM -54LUW W I 111
REFERENCE ;TO SECTION LINES OR GOVERNMENT SURVEY CORNERS OR MONUMENTS.
feet from j -r//-
(North or South) section line
feet from (East 0 rra0. section I ine
6v
t -r_ WELL IS FOR IRRIGATION, THE -AREA TO BE IRRIGATED MUST BE SHADED OR CROSS-HATCPiED.
This diagram represents nine (9) sections. Use the CENTER SQUARE (one section)
to indicate the location of the well.
+ + + +
+
+
70
2 + +
7
lk
THE SCALE -OF THE DIAGP.4M IS TWO INCHES EQUALS ONE -MILE
1
DIVISIOIN OF WATF `1 RESOURCES, DEPARTMEMT OF NATE€"L RESOURCES
101 Cofu. re Bldg_ 1845 Sherman Street, Denver, Cofo,-a 30203
A PERMIT TO USE GROUND WATER
A PERMIT TO CONSTRUCT A WELL <:
`APPLICATION FOR: REPLACEMENT FOR N0, ='
j A PERMIT TO INSTALL A PUMP
OTHER ,
PRINT OR TYPE LOCATION OF 14`EiL-�:,:.._:::.:=`£}
APPLICANT Bert Simons
Street Address Box 126
Cit'; & State Aspen, Colorado
Use of ground water Domestic
Owner of land on which well
is located . same
Owner of irrigated
land -_--
Number of acres
to be irrigated None
Legal description of
i r r i gated land None
Other water rights on
this land None
Aquifer (s) ground water is to be obtained
prom Gravels
5 forage capacity 500 gal
ANTICIPATED PUMPING RATE 50
AVERAGE ANNUAL AMOUNT OF GROUND WATER TO
BE APPROPRIATED 80°72 Acre-feet
ESTIMATED WELL DATA
COUNT` Pitkin
SW 4 r Of the SW 4 sec. 5
T. g So R. 85 Wo 6th P.M.
Street or
Lot & Block
City or
Subdiv. Filing
Ground seater Basic: Co -lo --ado River
Fater Ifianagement
District 38
LOCATE WELL ON THE BACK OF THIS SHEET '
Driller Collins Drlcr. Co. No. 634
Driller's If
Address /Box 375, Carbondale, Colorado
Signature of Applicant
,AF C ONT) I T1 ON S _ OF -APPROVAL_
APPROVED IN CONJUNCTION WITEI PERMIT NOS -15554
6PM AND 15556 AS AN ALTERNATE POINT OF DIVERSION
FOR ONE-HALF CUBIC FOOT PER SECOND OF MATER
OWNED BY CLARENCE BET.TLkM. SIMONS IN THE
WALTHEN DITCH; SUBJECT TO FINAL APPROVAL
AND ANY CONDITIONS OR TERMS THEREOF , BY
THE DIVISION WATER COURT,
Anticipated Start of drilling 19 71
Anticipated start of use 1cj�Z
Hole Diameter:
8
in, from 0 ft.
to
60
ft..
in. from ft.
-to
ft.
Casing:
Plain
R in. from
ft.
to
ft.
in, from
ft.
to
ft.
rf.
8 in. from 0
ft.
to 60
ft.
in. from,
ft.
to
ESTU4ATED PUMP DATA
Outlet
OOOU4l
APPLICATION APPROVED:
VALID FOR ONE (1) YEAR AFTER DATE ISSUED
UNLESS, EXTENDED FOR GOOD CAUSE SHOWN TO
THE ISSUING AGENCY
PEPIAIT NO. - CONDITIONAL Z=
DATE ISSUED MAY 3 1971
STAT�ENG NEER
BY
THE LOCATION OF THE PROPOSED WELL SHALL BE SHOWN ON THE DIAGRAM BELOW WITH
REFERENCE TO SECTION LINES OR GOVERNMENT SURVEY CORNERS OR MONUMENTS,
I4
feet from C_ -t> 6'r
North or So6th section line
feet from (East orWest section section line
IF WELL IS FOR IRRIGATION, THE AREA TO BE iRRIGATED MUST BE SHADED OR CROSS -HATCHED.
This diagram represents nine (9) sections. Use the CENTER SQUARE (one section)
to indicate the location of the well.
+ + + +
4-
I0_7
+
+ + +
A7
nor
-7 + +
+
F
DIVIS10:11 O z;'Af'' RESOURCES, DiEPAR:M,0,11T OF NAT,1JR1L R fEOU � p --
S:a..Iti
CS i
101 Colv7- .s Bldg., 1545 Sne:mcr. Street, DCnvzr, COfora n2Q3 ,r
z ' A PERMIT TO USE GROUPED WiATER
z-
Ll_� A PERMIT TO CONSTRUCT A WELL
APPLICATION FOR: REPLACEMENT FOR NO.
C�l A PERMIT TO INSTALL A PUMP
=7 OTHER
PRINT OR TYPE
APPLICANT Bert Simons
Street Address Bow 126
City & State .Aspen, Colorado
Use of ground water Domestic
Owner of land on wthich well
is located . Same
Owner of irrigated
1 and ..�
Number of acres
to be irrigated None
Legal description of
irrigated land None
Other water rights on
this land None
Aquifer (s) ground water is to be obtained
From Gravels
Storage capacity 500 gal.
ANTICIPATED PUMP I.14G RATE 50
AVERAGE ANNUAL AMOUNT OF GROUND 4JATER TO
BE APPROPRIATED 80.72 Acre-feet
ESTIMATED WELL DATA
LOCATION OF WELL
COUNTY Pitkin
SE41 of the SW 4, sec. 5
T. 9 S. R. 85 W. 6tb. P.M.
Street or
Lot & Block Lot 1.0
City or
Subdiv. - Filing
Ground Water Basin Colorado River
Water Management
District 38
LOCATE WELL ON THE BACK OF THIS SHEET
Driller Collin's Drlq. Co,, No. 63A
Driller's
Address' Box 375, Carbonzale, Colorado
signature of Applicant
AF ..�{i Li2'L�fl.E��'.tT��C2L_
GPM APPROVED IN CONJUNCTION WITH PERmTT NOS., -3'5554
AND 15555 AS AN ALTERNATE POINT OF DI"VERSIOIV
FOR ONE-HALF CUBIC FOOT PER SECOND OF WATER
OWNED By CLARENCE BuTRAL.VI STIMONS IN THE
WAI,THEN DITCH; SUBJECT i0 FINAL APPROVAL
AND ANY CONDITIONS OR TEP'NS THEREOF, BY
THE DIVISION WATER COURT.
Anticipated start of drilling 15 71
Anticipated start of use 19 71
Nobe Diameter:
8 in. front 0 ft.- to 60 ft.
in. from ft. -to ft.
Casing:
Plain 8 in.
from
0 ft.
toGift.
in.
from
ft.
to ft.
rf. 8 in,
from
45 ft.
to 60 ft
"J in.
fron
ft.
to ft.
ESTIMATED PU?;P DATA
Outlet
000043
APPLICATION APPROVED:
VALID FOR ONE (1) YEAR AFTER DATE ISSUED
UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO
THE ISSUING AGE` CY
PERMIT N0, PL CONDITIONAL �7
filAY 3 1971
DATE ISSUED
STATEUI NEER
BY
THE LOCATION Or THE PROPOSED WELL SHALL BE SHOWN ON THE DIAGRAM BELOW WITH
REFERENCE TO SECTION LINES OR GOVERNMENT SURVEY CORNERS OR MONUMENTS.
, fPt) feet from (North,or South) section line
feet from = (East or(esfi} section line
IF WELL IS FOR IRRIGATION, THE AREA TO BE IRRIGATED MUST BE SHADED OR CROSS -HATCHED.
This diagram represents nine (9) sections. Use the CENTER SQUARE (one section)
to indicate the location of the well.
III + + .� _ + +
u-
+ + +.
} - e�
+ + +
t �
47�
ooit�
THE SCALE OF THE DIAGRAM IS -11W6 INCHES EQUALS ONE -MILE
000044
;Aoaring Fork Ranch Partnership Activity Envelope Plan.:
00041,6—
MISCELLANEOUS
DOCUMENTS
PUBLIC NOTICE
RE: Roaring Fork Ranch Partnership Activity Envelope Review and Special Review for a
Caretaker Dwelling Unit (P027-07)
NOTICE IS HEREBY GIVEN that the Pitkin County Community Development Director will
consider an application submitted by Roaring Fork Ranch Partnership (144 Green Bay Road,
Winnetka, IL 60093) requesting approval of an Activity Envelope with vested rights and a Special
Review for a detached Caretaker Dwelling Unit. The property is located on Upper River Road and
is legally described as a tract of land situated in Lots 5 & 10, Section 5, Township 9 South, Range
85 West of the 6d' P.M. The State Parcel Identification Number for this property is 2643-053-00-
003.
For further information contact Mike Kraemer at the Pitkin County Community Development
Department, (970) 920-5482.
s/Cindy Houben
Pitkin County Community Development Director
130 South Galena St., 3rd Floor
Aspen, CO 81611
Attention Adiacent Property Owners
A property owner receiving this public notice shall provide comments or objections to the
Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611,
By April 20, 2007. If any objections to the development application are received the
Community Development Department shall continue the application to a public hearing
before the Board of County Commissioners.
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on June 29, 2007, the Pitkin
County Community Development Director granted approval for the Approving the Roaring
Fork Ranch Partnership Activity Envelope Review and Special Review for a Caretaker
Dwelling Unit (Case P027-07; Deter. #059-2007). The property is located on Upper River
Road and is legally described as a tract of land situated in Lots 5 & 10, Section 5, Township
9 South, Range 85 West of the 6t' P.M. The State Parcel Identification Number for this
property is 2643-053-00-003. This site-specific development plan grants a vested property
right pursuant to Title 24, Article 68, Colorado Revised Statutes.
S/Cindy Houben
Community Development Director
Pitkin County, Colorado
Published in the ASDen Times Weeklv, on July 15, 2007.
PITKIN COUN'-k _ COMMUNITY DEVELOPMENT b,,?ARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
March 14, 2007
Grafton Smith
0187 W. Lupine
Aspen, CO 81611
Re: Roaring Fork Ranch Partnership Activity Envelope Review and Special Review for a Caretaker
Dwelling Unit
(PID#2643-053-00-003; Case# P027-07)
Dear Mr. Smith:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
1. Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property
owners with the return address of the Community Development Department (copy of notice will be
mailed to you by the Community Development Department) by (15 days out) April 6, 2007. The
names and addresses shall be those on the current tax records of Pitkin County as they appeared no
more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing
and a photograph of the posted sign as proof of compliance with the Code. A property owner
receiving the public notice shall provide comments or objections to the Community Development by (30
days out) April 20, 2007. If any objections to the development application are received by this date, the
Community Development Department shall continue the application to a public hearing before the Board
of County Commissioners.
2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on the 6 day of April, 2007, which is at least fifteen (15) days prior to the (30 day out)
April 20, 2007. This must be submitted prior to any approvals being granted.
If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit Code Section 2-20-100 & 2-40-20 (F)CDU Notice
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Aspen Fire
Colorado Division of Wildlife
Pitkin County Housing
Environmental Health & Natural Resources (Warren)
FROM: Mike Kraemer, Community Development Department
Re: Roaring Fork Ranch Partnership Activity Envelope Review and
Special Review for a Caretaker Dwelling Unit
(PID 2643-053-00-003; Case P027-07)
DATE: March 14, 2007
Attached for your review and comments are materials for an application submitted by
Roaring Fork Ranch Partnership. The Pitkin County Community Development Director
will review the application.
Please return your comments to me by Friday, April 6, 2007.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY
DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
Bonnie Waechtler
Planning Administrative Assistant
Community Development
Pitkin County
130 South Galena Street, 3rd Floor, Aspen, CO 81611
970.920.5109 (Phone) 970.920.5439 (Fax)
bonniew@co.pitWn.co.us
Memo
To: Mike Kraemer, Community Development Department
From: Ed Van Walraven, Fire Marshal
CC:
Date: May 29, 2007
Re: Roaring Fork Ranch Partnership; PID 2643-053-00-003; Case P027-07
Mike,
This project shall meet all of the codes and requirements of the Aspen Fire Protection District.
This includes but is not limited to Fire Department Access (International Fire Code 2003
Edition Section 503), Turning around of fire apparatus (IFC Section 503.2.5), Due to location
an approved fire sprinkler system shall be provided in all structures regardless of size (IFC as
amended Section 903), Water supply, a minimum of 20,000 gallons (IFC Section 508), and
detailed wildfire mitigation plans for both landscaping and structural standpoints shall be
submitted.
Please note Section (3) Water supply for Fire Safety; subsection (b) page 15 of the
application incorrectly states a 1,000 gallon storage capacity, please refer to the above for
correct water requirements.
Please have the applicant contact the Fire Marshal's Office for specifications on the above
requirements.
Thank you,
/ Ed
STATE OF COLORADO
Bill Ritter, Jr., Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
Mark B. Konishi, Acting Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1192
wildlife. state. co. us
April 14, 2007
Pitkin County Community Development
130 S. Galena
Aspen, CO 81611
RE: Roaring Fork Ranch Partnership Activity Envelope
Dear Mike:
cp�ARA�o
y
OF
For Wildlife -
For People
Roaring Fork Ranch does not lie within any mapped elk winter range area but does lie within mule deer winter range. The ranch lies
adjacent to mule deer and elk severe winter range located across Upper River Road on the south facing slopes. Elk do utilize the property
during the winter, being attracted by the horse hay. They will also move across the property in the area of the pond and follow the draw
down toward the riparian area and Roaring Fork River. Black bear inhabit the area and there have been some conflicts.
The ranch is a fairly disturbed site with existing homes and activity on both sides of the prcposed development as well as an active horse
ranch and pastures. Winter range use is minimal and the main value for wildlife is the riparian habitat and the draw which leads from the
pond to the river. Placement of the homes as specified in the application should not have a significant impact to wildlife due to existing
disturbances. These homes should be placed as far back as possible from the draw in order to help preserve this as a small movement
corridor for wildlife.
The pond currently does not contain fish. If the pond is enlarged in order to stock and hold fish, the applicant will need a private lakes
license and a fish stocking permit. In addition, ponds are ideal production areas for tubifex worms which are the intermediate host for the
whirling disease parasite. Whirling disease is thought to be a major factor in the declines of wild rainbow trout populations. If ponds, such
as this one, are hydrologically connected to adjacent river habitats, the pond could become a perpetual point source of water born spores
and production area for the whirling disease parasite. This could have significant impacts to long term fish survival and recruitment in the
Roaring Fork River. Possible mitigation measures could include ultra -violet irradiation and ozone gas or the creation of properly designed
wetland biofilters constructed at the discharge points of the pond. The Division would be happy to provide further details if the applicant or
county wishes.
The following recommendations will help minimize impacts ti wildlife:
1. maintain as large a setback as possible from the edge of the draw to the homesites. Draw should be maintained in its native
vegetation
2. the 100' stream setback should be maintained and no homes should extend past the existing rail pasture fence; this includes
decks
3. riparian area should be maintained and no removal of vegetation, including dead or dying cottonwoods as these are
important for cavity nesting birds and perching sites for owls, eagles, and raptors
4. implement measures outlined under section 7-20-70 of the land use code
5. horse hay should be fenced with 8'mesh game proof fencing
6. contractors/construction workers should not be allowed to bring dogs on site during construction. The Division has had
problems with construction workers dogs chasing wildlife.
Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wrightat 947-2920.
Sincerel ,
erry Will
Area life Manager
Cc: R. Velarde, K. Wright, file
DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director
WILDLIFE COMMISSION, Tom Burke, Chair • Claire O'Neal, Vice Chair • Robert Bray, Secretary
Members, Dennis Buechler • Brad Coors • Jeffrey Crawford • Tim Glenn • Roy McAnally • Richard Ray
Ex Officio Members, Hams Sherman and John Stulp
MEMORANDUM
TO: Mike Kraemer, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE: March 19, 2007
RE: Roaring Fork Ranch Partnership Special Review for a CDU
Parcel ID No. 2643-053-00-003; P027-07
ISSUE: The applicant is requesting approval for an activity envelope and construction of a
detached caretaker dwelling unit.
CARETAKER DWELLING UNIT: According to Section 4-30-50(e)(1), Caretaker Dwelling
Units, in the RS -160, RS -35, RS -30, AR -10, AR -2, R-30, R-15, R -15A and R-6 zone districts, a
CDU is a permitted accessory use provided that:
1. It is attached to a single-family home.
2. The lot or parcel on which it is located conforms to the minimum lot area requirements for
each dwelling in the zone district in which the caretaker dwelling unit is located.
3. The caretaker dwelling unit shall not exceed 1000 net livable square feet on lots or parcels
that are 30,000 square feet or greater in lot area, and 700 net livable square feet on lots or
parcels that are less than 30,000 square feet in lot area.
4. The floor area of the caretaker unit shall be included in the total allowed floor area for the
lot or parcel of land.
5. One off-street parking space shall be provided for each caretaker dwelling unit
6. The applicant shall, by deed restriction or other permanent commitment running with the
land, guarantee that the caretaker unit shall not be required to be rented; not be sold or
otherwise conveyed or separated from the original parcel regardless of the ultimate form of
ownership of the caretaker unit; be limited to occupancy by not more than two adults and
related children, who qualify as (and have been found by the Housing Authority to be)
employees of the community under such guidelines as may be from time to time established
by said authority; be rented for terms not less than six months if rented. The caretaker
dwelling unit may be occupied by members of the immediate family even though they may
not qualify as employees of the community. "Immediate family" shall mean a person
related by blood or marriage who is a first cousin (or closer relative) and his or her children.
7. The caretaker dwelling unit restriction may be removed by the property owner upon
approval of the Community Development Director, subject to the requirement that the
dwelling is removed or modified. If modified, the remaining improvements must no longer
be capable of occupancy as a dwelling unit and must meet otherwise applicable Code
requirements.
8. The provisions of this regulation are for the purpose of providing a voluntary caretaker
dwelling unit on a legally created lot or parcel in the County. Any unit approved under this
provision shall not be used for mitigation of employee housing requirements as established
elsewhere in the Land Use Code.
Section 4-30-50e(2), states that a CDU located in the LIR-35, VR, B-2, VC, P-1 or T zone district,
or located on a lot or parcel that does not meet the minimum lot area requirements for each
dwelling unit in the zone district where it is located, or is detached from the principal single-family
dwelling on the lot or parcel, shall require approval through the Special Review process stated in
Chapter 2 of the Land Use Code and meet the requirements of paragraphs 3 through 7 above.
RECOMMENDATION: Staff recommends approval of this request under the following
conditions:
1. Conditions 3 through 6 stated above are met.
2. The kitchen contains at a minimum a two -burner stove with oven, standard sink, and a
refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic
feet; the sink must measure at least 14"WX16"DX5.25"H; refrigerator must be at least 5.3
cubic feet and include at least a .73 cubic foot freezer.
3. A copy of the floor plans for the proposed caretaker dwelling unit shall be provided prior to
building permit approval.
4. A deed restriction shall be recorded prior to issuance of a building permit.
5. Upon completion of the unit, but prior to Certificate of Occupancy, staff may conduct an
inspection of the unit for compliance.
2
MEMORANDUM
To: Suzanne Wolff, Planning Department
From: Warren C. Rider, Environmental Health & Natural Resources
Department
Date: June 21, 2007
Re: Roaring Fork Ranch Partnership Activity Envelope Review &
Caretaker Dwelling Unit Special Review with Vesting
(Parcel ID # 2643-053-00-003; Case P027-07)
SUMMARY OF RELEVANT PARTS OF APPLICATION: Applicant requests an Activity
Envelope Review and detached Caretaker Dwelling Unit Special Review with Vesting on the
subject property.
The Pitkin County Environmental Health & Natural Resources Department has reviewed the
details of the Roaring Fork Ranch Partnership application under the authority of the Pitkin
Countv Land Use Code and has the following comments.
WATER COURSES AND DRAINAGE: 7-20-30:
Applicant has committed to following the conditions of the Code referring to water courses and
drainage. Applicant will be required to submit details for approval relating to drainage and
erosion control as a condition of approval for future permit applications. Applicant will also be
required to submit a detailed revegetation plan for approval, for the areas of disturbance with
appropriate seed mixes. (See also Section 7-20-40(d)(4) and (7).
FLOODPLAIN HAZARDS: 7-20-40:
Applicant proposal does not include disturbance within the FEMA mapped 100 -year floodplain.
However, the proposed access envelope for ditch maintenance does encroach within the
floodplain. Any improvements or modifications to the property within the 100 -year floodplain will
be subject to review by the Pitkin County Floodplain Administrator prior to any work being done
in the floodplain.
RIVER AND STREAM CORRIDORS AND WETLANDS: 7-20-80:
Applicant proposal requests an access envelope within the 100 -foot setback to the features
identified in section 7-20-80(a)(1). The irrigation structures on the property may need
maintenance and do lie within the 100 -foot setback in some areas. It will be the responsibility of
the ditch owner/owner representative to get the proper approvals for any work being conducted
in the 100 -foot setback and comply with all applicable sections of the Pitkin County Land Use
Code. Approval of the access envelope for irrigation infrastructure shall not convey a
Printed on Recycled Paper
right to develop, improve, or modify the access by parties other than the ditch
owner/owner representative. Any proposed work on these structures or accesses will
provide consent from the ditch owner if proposed by a party other than the ditch owner.
Pitkin County Natural Resource Specialist recommends approval of the application as it relates
to the above section of the Pitkin County Land Use Code. Applicant has met the requirements
for protection of water resources, wetland resources, and riparian resources. Approvals should
clearly address the above requirements for improvements proposed for the irrigation access
envelope.
Printed on Recycled Paper
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2-20-100
1,�t (-� �� srn- ,rc A , being or representing an
Applicant to the Pitkin County Development Permit, personally certify that I have complied with the
public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in
the following manner:
1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 2 weeks prior to the public comment deadline to all owners o , roperty adjacent to the subject
property, as indicated on the attad list, on Y%3 / , 200 vhich is 15 days prior to the
deadline of 200'6)ghe names and addresses of the adjacent property owners shall be
those on the currenf tax records of Pitkin County as they appeared no more than 60 days prior to the
public hearing.
2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 2 weeks prior to the public comment deadline to the owner(s) of the mineral 94tate underneath
the subject property, as indicated on theAttached list, on the , 200f Twhich is 15 days
/prior to the deadline of , 200I he 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 _ E5' 20OW, which is at least fifteen (15 days prior to the public
comment deadline. A p o ograph of the posted sign is at
r1�1
� 1 /
Signed fore m "this'— � day of
200Zby rct{ 1� �� ;q� ; -f-
Applicant's name
WITNESS MY HAND AND'OFFfCIAL SEAL
-- (
My commission expires: f C
L
Notary PAlie�
Notary Public's Signature I V \J
i
<L.......
�
Man/Caretaker Dwelling Unit
PUBLIC NOTICE
RE: Roaring Fork Ranch Partnership Activity Envelope Review and Special Review for a
Caretaker Dwelling Unit (P027-07)
NOTICE IS HEREBY GIVEN that the Pitkin County Community Development Director will
consider an application submitted by Roaring Fork Ranch Partnership (144 Green Bay Road,
Winnetka, IL 60093) requesting approval of an Activity Envelope with vested rights and a Special
Review for a detached Caretaker Dwelling Unit. The property is located on Upper River Road and
is legally described as a tract of land situated in Lots 5 & 10, Section 5, Township 9 South, Range
85 West of the e P.M. The State Parcel Identification Number for this property is 2643-053-00-
003.
For further information contact Mike Kraemer at the Pitkin County Community Development
Department, (970) 920-5482.
s/Cindy Houben
Pitkin County Community Development Director
130 South Galena St., 3`d Floor
Aspen, CO 81611
Attention Adiacent Proverty Owners
A property owner receiving this public notice shall provide comments or objections to the
Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611,
By April 20, 2007. If any objections to the development application are received the
Community Development Department shall continue the application to a public hearing
before the Board of County Commissioners.
7
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Roaring Fork Ranch Partnership
Adjacent Land Owners
WOODY CREEK PASTURES
CIO WILLIAM ODONNELL
144 GREEN BAY RD
WINNETKA, IL 60093
264305301011
ASPEN SCHOOL DISTRICT NO 1 RE
0235 HIGH SCHOOL RD
ASPEN, CO 81611
264305300004
ROGERS DOUG & JENNIFER
4412 FAIRFAX
DALLAS, TX 75205
264305300002
ODONNELL WILLIAM T JR
144 GREEN BAY RD
WINNETKA, IL 60093
264308100813
RFRHAROW
ICO RFTA
0766 INDUSTRY PLACE
CARBONDALE, COLORADO 81623
11:1d'c0 11):
ACTIVITY
ROARING FORK RANCH PARTNERSHIP
!q� A PARCEL OF LAND SITUATED IN LOT 5 OF SECTION 5
q _ TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6th P.M.
o q�q�q COUNTY OF PITKIN, STATE OF COLORADO
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9rnGWlm. I.t nrnmen win ei Nan vpl y peen. a06Melde PUD. Fm rill 9,dNMslm Slerin9
$u .Maw, PIYY ban S M`AwM m8 w1 p'DmnIII betas 1041 Necad Rae. SNL State Nlpn.oy
PrAVNpc manow m LL oie po" Ven 1 1 MSN of star Yeppn2, glwe Mewnmll or nand and Me bund
pygi6p rad xA9.wr
SATs[ ... V.BD[
Ids KM nafL eeMM,
EA91Y0 EIFLMC xEIER
\' -
E10STING CONDITIONS LEGEND
adsaw xaeaVe n62 -.-.-
D.vMowle6Ap ElECwa \ \\ Ci
Laslwa duns elgs
�a
EMSIIw RCIX 16LVMwa
E7JmM ad efde 116E _
a o
FA6atla win iF111.T
-ale-
h eel F ed carr le NI Will M [mnw el
]) B.Y vl BMq. A ngny e1 N 84"Not both
Bwelbn B Tomtit 9 Souln Rmpe BS W.L been bW9 Rome IBI] QO .au cede N Pte.
4) BOIY al BurNy The leil .-It. of IMe Nor, 1 Dep 1 R.y ink
IsIw-ded-like" . SUMP of o Porn[^ 1 ieamnyr Y Swtn Ranq BS Wn1 al NI BN PrnceW
YMlekn Net Ne 1917 Cmvd Lane Oln. fldMy of P Pmlbl andEa1m.we SnMy e1 Idewsh" 4
Eld6RNMnEf2N¢
Enmw me, ff K4ElAna
$mtA Rmw Bs Will of ue sin dIMCIll MWWM Pk4 Ine Z It peel[ ar Aepwe w1v91 Rlwr
Hann. we sne. ane 10e1 a ReHw do,M Awn Wqul R av Nwne Aspen Vp1sY B^^na
9rnGWlm. I.t nrnmen win ei Nan vpl y peen. a06Melde PUD. Fm rill 9,dNMslm Slerin9
$u .Maw, PIYY ban S M`AwM m8 w1 p'DmnIII betas 1041 Necad Rae. SNL State Nlpn.oy
PrAVNpc manow m LL oie po" Ven 1 1 MSN of star Yeppn2, glwe Mewnmll or nand and Me bund
pygi6p rad xA9.wr
SATs[ ... V.BD[
■
EA91Y0 EIFLMC xEIER
428585.22
®
fLBIWG MSL
Laslwa duns elgs
8
tnsma .awR pawl*
Ea51NG WY WE
■
S,3Nep dn9 s[PR
EasRM Mbe PoIF
3389.93
mdmantw by a rand row sold as. Reoele As nom.
DALE COLORADO 81623
D
1100. Lxen eaF
Applicant dcxnoMedges that he/Ne has been notlR.a by INUUM Canty of the
..sten. of •Hmmtl Areas' that might defeat the property and any
Impro m[6 and the Me and wapaey thereof. Me phowskn of Mew
neulotkns Me not m any wey mare m bnply Met the mom ateke of
dnignotw several moa. will Q enunt. safety of any property.
MSRNm obanr.n, netv e
e ceeumNt
VICINITY MAP
A tint of land YMtW F Lal. 5 wM 10. Seelbn 3 resell 9 SauN Rmq a Will of Ile e.
%Ylclpol newi lon dYppd a. IWon.'
8"'an9 0l v pont be Me dNwlMy Ish, al way In. a1 Me O w Neva[ MMp 100
_Mwa cane' of eek $be" 5 Mn. math f, dgrem IY WI 1331. Net, BM0 dIn '
dagew 50 weal M&W MI to the amlw of the Rowing Feet Mw' 11mm wants BS del
east 420.79 feel hewn the center of the Retired FoM Rlw: there[[ dM 31 yge, ]6' weal
26812 leaf amp If. anter .I we N., Far RI•m' M. dM se d.grew 16' sal 65.50 'v
plan Me enter of Ine Mooing FM Rlwr Inw.ae aOUM E dprd SY eWl 49.,1 Net .9 1'•�
cater of Me RmN9 Fpr Mir: Ihwmi hats Jd dl, 3.' d1 0!5.66 wet k a pont m me
dlnealMy rlpnl of nY Ina of the we
Met RaYroo4 flew nvlfwasslY ding wed d, tet
say we is a. pont of [spam
end
A noet of land studies In Let 10, SwetM 5. Possible 9 3wts pol e5 that of Ne 6N Pfnc�p':
Ywk on dmMned ro bbas apnnn' " o pant . IM dMesslNy fphl el .'Il^I M.
GMOV whereasMen. M. dMegl aew nof sold 3welkn 5 baa dM 12 doyen IY ]G' .
liall bed; Mn. pmts St ahs rest 06' M tJO.M ISN cal "it Mi of say the. In
n
dM b d.yw Se' pest 565.611 Net to Ne cwwr a1 Un Rachel, Fees River,,e er
e
teeth
S.ID Int tlm9 Ib .nem of Me Rwye, FM RI, Ihnm _In L'
=1.r''., Mm9 IM oder of fi RemNl, rdh Rep: Inner half, b der -
636.!511
e roe...
636..H MI la IM pant M National
County of will Stele of Gmodo.
Y99�'
I) pule of FNk some: Nownber. 2004 - Mem,. 2a06 and MwM. 2M7
'
2) pots of Ihywlbn Busnber WTI 2ROS, me Fil 2007
\
,TIMES MNEA LS /16178
\
h eel F ed carr le NI Will M [mnw el
]) B.Y vl BMq. A ngny e1 N 84"Not both
Bwelbn B Tomtit 9 Souln Rmpe BS W.L been bW9 Rome IBI] QO .au cede N Pte.
4) BOIY al BurNy The leil .-It. of IMe Nor, 1 Dep 1 R.y ink
IsIw-ded-like" . SUMP of o Porn[^ 1 ieamnyr Y Swtn Ranq BS Wn1 al NI BN PrnceW
YMlekn Net Ne 1917 Cmvd Lane Oln. fldMy of P Pmlbl andEa1m.we SnMy e1 Idewsh" 4
\
\
\ \ \
lu
$mtA Rmw Bs Will of ue sin dIMCIll MWWM Pk4 Ine Z It peel[ ar Aepwe w1v91 Rlwr
Hann. we sne. ane 10e1 a ReHw do,M Awn Wqul R av Nwne Aspen Vp1sY B^^na
9rnGWlm. I.t nrnmen win ei Nan vpl y peen. a06Melde PUD. Fm rill 9,dNMslm Slerin9
$u .Maw, PIYY ban S M`AwM m8 w1 p'DmnIII betas 1041 Necad Rae. SNL State Nlpn.oy
PrAVNpc manow m LL oie po" Ven 1 1 MSN of star Yeppn2, glwe Mewnmll or nand and Me bund
\
\
\
t`
\
\ \
\
Stets a surrey ewe [aide oonMilu. o IIIY here 6y Sgrls Fn91^e°n^4 LLC (SE) N .IwmM1
pais m nsernm1. of home Fm W MlmmNlon re9vdn9 soewnwe H9n 0 of nY and/w
M. al hoer[, SE NN6 Wm Me stew wk 1= wUl.e n noel . mo we ilUe LanmlMml
mmmee by Lane Pile Guormlw Co.., weer No. a]BB1(9-2..RnNw 6e1. owner I; 200.
6) lne speed[ fllpnl-ol-aoY was sedohned neon w1 Der'. me RY C ds Ral Ayer &onr-
-.f-.y and . map "zoned by A,Orvr RY9ewy doled Mt. 0. 1919. Sold r1yA-ol-.n.
�tterm. m to. dlenme of Ine eabinp reed beK bad and IM p411m MWIM,U by sola
Aym paler pain[ wblNwkw Pldl.
7) Pte Units at Mstens of we Property bo -Mary knUnee os Ib wlmn. of Ib "N"ne F"
Rewe an rlpwlmr n noture and eub,Yel to NId one ameUm ty we eb and I . of wY neo
lne czWn1 el sew Nw. a Ma- nww.n, 1. tasted on a[NIs RYe dale Iw we Emke of wk
new balsa as v Pmt of this ewwy.
94.4
428585.22
4) few Ent and S is Inn of Gow,mmiel Let 4. Sntlw 5 ore ntlpol to the Pmol 2 preartY
&.fail.. Me Let 4 boun.ry vac setoYMld par In e 1994 the sw reM1,m.e n IgM" and
SLOPE TABLE
al.l. ovrn' Yade.Iso to be eme1.Im1 with ts. Baal. m bona ..rein.[ n n 1 ]. MM ml
Color Range Beg.
Range End
Percent
Area
44M,allla, alai extent .Its to. ewnde.y k, Let 4 ntabaan.E aY Me Ary vwey ides^.
Saxfi�■
0.00
30.00
94.4
428585.22
B) caw al El.waan: an x6w est Y.w1m ar 7nDeo Ill barna an Ib ryes eanlhl pawl •s
30.01
45.00
4.9
22413.61
159•. MM stabile ed a I.M R. twoo. of nm.J an Me xwtheadeny pr pony owner
■ 45.01
+
0.7
3389.93
mdmantw by a rand row sold as. Reoele As nom.
lo) Canlwn intra: Iw (2) ML
n rR,h ! RFCOROER ACCEPTANCE
11) POr.:Y 10 No b 264}051-00-00; n'an PIIxn CwnlY Anenm.
SOPRIS NG NEERING - LLC
PNM Aetlwty E whodde and Ste flan fleukr has been aceyled Iw Mtn m the
12 Ael,Ht ^er'
) Divides° °d° d eY
eflas Mf the Gla„ d RecmM of PRkk County. cawado. MIe 9 day
pl°
IVIL CONSULTANTS
of - __ 2007. N Plat eook at Pope
13) need Mlwmalkn N Pw we ne, my Meg',a 7c..Iw an we ahe Me .1 Jane 4 Iger.
502
AIN STREET, SUITE A3
_ _ ve Reoythe Ne,
-
evk FRIM was warmed and peYllen. an the field located Rlwr. Me le Me Nnikn ane mined.,
el Me Romn11. Mew ewe Yn1 tse nMd IcaMw .eller of Me ROMMI FN new and the
CARBO
DALE COLORADO 81623
Mdd per weld Fd mw me Moanwtsot.
. 104-0311
CIN ane Ren , 41 -:put,
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galeria Street
Aspen, Colorado 81611
(970) 920-5526
Pitkin County .,
Land Use:
172
Board of Adjustment
159
County Land Use Code
174
Flat Fee (. Frfi $
162
Zoning and Sign
169
Public Notice+
160
Planning Enforcement
175
Hearing Officer
Referral Fees:
210
Airport
LUCO1 County Clerk
211
County Engineer
194
Environmental Health [0
208
Historic
198
Housing_._..:.._
190
Land Management
209
Redstone HPC _
206
Wildlife Officer
Building Fees:
170
Board of Appeals
105
Building Permit
120-
Electrical Permit
195
Energy Code Review
115
Mechanical Permit
150
Plan Check
110
Plumbing Permit
130
Reinspection
152
AVFD Fire Marshal
158
BFD Fire Marshal
Other Fees:
1.55
Use Tax
165
Copy
PZ005
Master Plan Copy
185
Park Dedication
IS
GIS Requirements
161
Housing Impact Fee
`.
B1202
Road Impact Fee
{ B1203
f
School Impact Fee
TOTAL r" t� . _'J
NAME:
ADDRESS/PROJECT:
PHONE:
CHECK#
J'
fi
CASE/PERMIT#:
DATE:
w q INITIAL•
PLATS
`KID 4 �7
01 Inn IDA Qfol"1=1
WI I I
2,
Purs-,ua,nt to Administrat-I've Decision No-41-2bOTCOrded as Recelp-t/Oin caq
nvr-i
MFEC T -SAY WANIN `�-'RE! r, �CJIQN BAS D _PC lkN D N 'trf
A-F—ET,' YOU Pr ci�i _�UE-C— N' EVEW MAY ANY A,-"'h"V
-J
OM,it,Gl UFUN Ajlfe' Df,ff,�,T JN u W IK COM NCtJ MOR"' AN "!l'
Ai
v J,
Orl- ve%,
if 7 the 9 ie I
acrovvd�nes n' at 'he he. -S l5ee. for.med bw Pitkinf Cot r` exist rce of
M' C)T
enwlff- .1-,nnental r�Ward a.re. as that m,t af-i�ect' the crooefl-Y, 61, y ,'M�DI!,%,-,�vt-�o-�-i-p"-,,��.-&nd the �se and
C'm*'anCy T c- -s of the Pitki", Count�,'i regi-blari-on's do rxo�t 11"n a,,, -;y vvey assure
7
or Irnpy at areas Outside of deslig,,7a'lezd I and areas be free �Om zards, or that ap-
-C
C" safarlv' 0 ai -y- proverly
P'no ve mi-: aticin meas, re's vv.'f! gual-an'tte h
A
'Ve-r
h we -v
n 4
nv
T
NG ir ciIi -,�Ic,'z irt
N A VF; eievIt 7' f e
g
-chnsawk f_ "'v
r nd dlecpbsr-, A5 how -
k' A
W",
L y jr4astfr
prt"wop f5
IM
0 4
IU ni j r""
A
v '4
k