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HomeMy WebLinkAboutpitkin.planning.273729100006 (2006)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT, CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER: Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) i« v ._ '~ e ~M .y~i r^NA '^ao 3nb.:.Jk Y ! "M"`F 5 x. .. N :~ .a.f .~ DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE HENKE PROPERTY LLC 1041 HAZARD REVIEW & CARETAKER DWELLING UNIT Determination No. -2007 RECITALS 1. Henke Property LLC ("Applicant") has applied to the Pitkin County Hearing Officer ("Hearing Officer") for 1041 hazard review approval of a building envelope within which to build a single family residence and caretaker dwelling unit. The proposed building envelope is sited in an undeveloped area on the property that is outside of the 100 year floodplain; the existing improvements are all within the floodplain. The Applicant also proposes stream enhancements to stabilize the river and improve fishery habitat. 2. The parcel is located at 300 McFarlane Gulch Road, and is more specifically described in Exhibit A. 3. The parcel contains 11.9 acres, and is a conforming size parcel in the AFR-10 zone district. 4. The parcel was created in 1970. There are two existing single family residences (legally constructed in 1972 and 1-973) and a barn. 5. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is being considered pursuant to the 1994 Land Use Code, as amended. 6. The Hearing Officer considered this application. at a duly noticed public hearing on April 17, 2007, at which time evidence and testimony were presented with respect to the application. 7. The Hearing Officer finds that the proposed building envelope avoids the 100 year floodplain and riparian areas; is located on slopes of less than 30%, or complies with the Code exception for minor changes in grade on slopes in excess of 30%; that the wildfire hazard is rated as low/moderate and can be mitigated; and that impacts on wildlife can be mitigated. 8. The Hearing Officer further finds that the caretaker dwelling unit complies with the applicable provisions of the Code. NOW THEREFORE BE TT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Henke Property LLC 1041 Hazard Review and Caretaker Dwelling Unit, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any building or other development permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a 1041 Hazard Review Site Plan in accordance with Land Use Code Section 5-70-040, which shall depict the building and access envelopes. The above referenced approvals shall be a condition precedent to finalization and recordation. The site plan shall be amended as follows, prior to recordation: 53749 Page: 1 of 6 05/09/2007 02:40f JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 Resolution No.l-2007 Page 2 A. Move the access/utility envelope to the south to avoid the "marsh." B. Clearly delineate the "Riparian Restoration Area Envelope". 3. Prior to issuance of any building permits for the replacement residence, the Applicant shall: A. Complete afireplace/woodstove registration form with the Community Development Department, if necessary. B. Obtain a County access/driveway permit to extend the driveway to the building envelope. C. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. D. Submit a construction management plan for review and approval by the Planning Engineer showing the locations of staging, material storage and employee and construction traffic parking. E. Pay the applicable road and employee housing impact fees. F. Obtain approval of a septic permit from the Environmental Health and Natural Resources Department. The septic system shall be located entirely within the approved building envelope, and must comply with the setback requirements from surface and groundwater sources. The Applicant shall abandon the existing septic system, as required by EH/NR. G. Submit a plan for review and approval by the Aspen Fire Marshal to demonstrate that the project meets all of the codes and requirements of the Fire District, including provision of adequate access and a turnaround area and installation of an approved fire sprinkler system and 20,000 gallon water supply for fire fighting. H. Submit a precise engineer or geologist approved plan for mitigation of potential debris flow and rockfall for review and approval by the Community Development Department and the Planning Engineer. The plan shall show the area of disturbed slope, any re-grading required and the exact size and location of all mitigation devices. 4. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 5. Prior to final inspection to obtain a Certificate of Occupancy for the new residence, the Applicant shall have removed the existing structures within the floodplain and have completed the restoration of this area, subject to a plan approved by the County. Prior to submission of Floodplain Development and Earthmoving Permit applications to the County for the stream restoration/enhancement work, the Applicant must obtain the consent of all of the affected property owners and record a Site Plan with an Activity Envelope to encompass the work to occur on all of the properties. If any owners do not consent and the project is revised to exclude certain properties, staff must review the plan again to determine if it is still acceptable. In addition, the Applicant must provide authorization from the Army Corps of Engineers to the County, prior to submission of permit applications. Depending on the extent of the disturbed area, the Applicant will be required to submit either a County Drainage and Erosion Control Plan (less than one acre of disturbance) or a State Stormwater Permit (greater than one acre of disturbance). The stream restoration/enhancement work shall be completed by mid-June. 7. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around all structures. ~~~~~ Page: 2 of 6 05/09/2007 02:40F JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 Resolution No.1-2007 Page 3 B. Spacing between clumps of brush and vegetation within the 30 foot perimeter shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. C. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. D. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the edges of the crowns. E. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. F. Low vegetation (less than 6 inches in height) shall be maintained within a 10 foot perimeter around all structures. G. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 8. The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal. prior to submittal of a building permit application. A. Vents shall be screened with corrosive resistant wire mesh with mesh'/a inch maximum. B. Roofs and gutters shall be kept clear of debris. C. Yards shall be kept clear of all litter, slash, and flammable debris. D. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. E. Weeds and grasses within a 10 foot perimeter of all structures shall be maintained to a height of not more than 6 inches. F. Swimming pools or ponds shall be accessible to Fire Department vehicles. G. Fences shall be kept clear of brush and debris. H. Wood fences shall not connect to the structure. I. Fuel tanks shall be installed underground with an approved container. J. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire- resistive construction on the exterior side of the walls. K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. L. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. M. New utility lines shall be buried within the driveway. 9. The Applicant shall comply with the following to mitigate ecological impacts: ~~~~~~ Page: 3 of 6 05!09/2007 02:40F JRNICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 Resolution No. ~-2007 Page 4 A. Install and use approved bear-proof trash containers. B. Maintain native vegetation outside of the building envelope. If any native riparian vegetation is impacted by construction (in particular the utility corridor and the access envelope), the Applicant shall mitigate at a 1:1 ratio immediately adjacent to or as close as possible to the impacted area according to a revegetation and mitigation plan prepared by the Applicant and approved by the County. C. Surface and ground water flows shall not be diverted away from existing wetlands. D. Dogs shall be prohibited. E. Fencing outside of the building envelope shall comply with the wildlife compatible fencing regulations in the Land Use Code 10. No development, including, grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, entry or ranch gates or septic system shall occur outside of the approved building envelope, with the following exceptions: A. The existing well shall remain and a line extended within a utility corridor from the well to the building envelope. B. The new portion of the driveway shall be located within the access envelope. The portion of the existing driveway that will continue to be used may be improved, if required. C. Restoration of the area within the floodplain where the existing buildings and other development are located, subject to an approved Floodplain Development Permit. D. Streambank restoration/enhancement, subject to approved Floodplain Development and Earthmoving Permits. E. To comply with the required wildfire mitigation. F. Horses may be kept within the Pasture Envelope. No structures are permitted in this area. 11. All areas disturbed by construction shall be revegetated to limit water consumption and additional runoff within one growing season after completion of construction. 12. The caretaker dwelling unit shall be limited to 1,000 net livable square feet and shall be attached to the primary residence. 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. Prior to submission of any building permits for the caretaker unit, 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. 14. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office may inspect the unit. ~J~14~~ Page: 4 of 6 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 05/09/D20®00 2.4@f Resolution No. ~~-2007 Page S 15. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 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, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on April 17, 2010. NOTICE OF PUBLIC HEARING PUBLISHED in The Asp_ en Times Weekly on the 14`h day of January, 2007. APPROVED AND ADOPTED on the 17`h day of April, 2007. PUBLISHED AFTER ADO~'TION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the ~j day of , 2007. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO ATTEST: .~. ~ Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: John Ely, ..---' County Attorney/~ Case #P180-06 PID #273729100006 _.----- Bv ~- ~~ -..,_----~ G J~s R. True, Hearing Officer /Date APPROVED AS TO CONTENT: Cindy Hou~en, Community Development Director ~J~~~~~ Page: 5 of 6 05/09/2007 02:40 JRNICE K VOS CRl1DILL PITKIN COl1NTY CO R 0.00 D 0.00 ~, / / ,. / ~~ ~ ~~ ~ ~ r Deginni ng at a poi nt orhence the East quarter eerrer. of. Recti<m 29 , _ ~-. T.cwnshi_p 10 South, Pange 84 Blest of the Sixth P. M. beats South 210.67 feet and East a distance of 870.00 feet; running t'Zence rlcrth .; ~:; for a distance of 238.29 feet; thence East for a distance of 333.38 .feet; thence Sauth 19 dec.,. 27 min. Fast .for a distance of 1E6.20 feet, thence South 22 deb;, 11 min. East for a distas~ce of 8:2.10 feet, thence West for a dist~:3nce of 421.98 feet to the place of beP,znning; said parcel containinp~ 2.058 acres, mcre or. 1ers. :Ci~iCLI7I)JI'TG therein a ncm-exclus:i:ve easa~nent far ingr.~ess and e!?ress to service the subject, nroper.~ty; sa_.i.d e=tsr-,mn~t to run frcan Fii.g~<aay 82 r •- at a point situated 'Diort~erl}r of the s a3 d par. ce1 tahence an existing mad bed intersects with the said "rti.R~'Grsy 82, thence along the said exl.stin~ road bad in a generally Scuther..ly di.recti.an tc a point o-rh~stce :, I tiro said exi.stin~; roZCl t>~ri as Hasa si_tz.t3terl na~r terminates, said point being appro:cimatel~r ~tsrra hundrr~:i (7.00) feet Diortherl;T of the si~l~ject properly and on tl~e Eas terly baind of the Roar. ink Forl: Piver, thence fol.lcxain;~ the course to he mutually agz~ed upon by and betsaefl~ the ~ " Purchaser and Se11er across the Rcarin~? Fork River in a Westerly direction, thence pmceedinQ in a Southerly Direction to a point intersectinn the hTorther.Iy line of the said parcel; and F.~CEP':['LbiG, therefrr~m a non-e::clusive right-ref-way :For. incm:ss and ' er~ess to a 7.pt or par. ce1 .l.yin~; on the Southerly sa.de and ~-~.cij acent to the subject pmnerty and being on the h?esterly hank of. the .i~.oarin , ., :, Fork Pd.ver and beinr~ described as iot t1T_1-?d and containing 2.059 ' .. acres morn cr less; sv.d ri;~azt-of-t~raSr tq rtu1 acrmss and over the said ..... ::.- parcel be~r;innin~? at a point on tl~e ]~?or. tlierly botanda•^,y line of the ,. s~-ri.d parcel grid prcmceeciinrr alone? a r_ourso in a aPS~eral7~r Southerly di rection to a paint en the Fcutherly bc~dary line of the said parcel; said course to be mutt~a.Ily agreed unan between Puzrltaser and Seller, but not to interfer.~ with the hui.7.~ing Site uncn the strhject pirooerty to be chosen by Purchaser.. - ~~~~~~ Page: 6 of 5 05/09/2007 02:401 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 Yea: MEMORANDUM TO: Jim True, Pitkin County Hearing Officer FROM: Suzanne Wolff, Senior Planner* RE: Henke Property LLC 1041 Hazard Review and Caretaker Dwelling Unit DATE: April 17, 2007 REQUEST:. The Applicant requests 1041 hazard review approval of a building envelope within which to build a single family residence and caretaker dwelling unit. The proposed building envelope is sited in an undeveloped area on the property that is outside of the 100 year floodplain; the existing improvements are all within the floodplain. The Applicant also proposes stream enhancements to stabilize the river and improve fishery habitat. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is being considered pursuant to the 1994 Land Use Code, as amended. APPLICANT: Henke Property LLC REPRESENTATIVE: Glenn Horn LOCATION: 300 McFarlane Gulch Road ZONING/LOT SIZE: The parcel contains approximately 11.9 acres and is a conforming size parcel in the AR-10 zone district. BACKGROUND: There are two existing single family residences (constructed in 1972 and 1973) and a barn. REFERRAL AGENCIES: Comments from the Colorado Geological Survey, Division of Wildlife, Aspen Fire and Environmental Health/Natural Resources are attached for reference. The application was referred to the East Aspen Caucus, but comments were not provided. STAFF COMMENTS GMOS EXEMPTION: The existing residences were legally constructed prior to 1978, and are eligible to be replaced with a residence of up to 5,750 square feet of floor area. The parcel was created in 1970. 1041 HAZARD REVIEW & CONCEPTUAL SUBMISSION Fooodnlain/Riparian Area: The proposed building envelope avoids the 100 year floodplain of the Roaring Fork River. The Applicant proposes to remove all of the existing buildings that are within the floodplain and to restore the disturbed area with riparian vegetation. The Applicant mentions placement of the septic system within the floodplain; the system must be placed outside of the floodplain within the building envelope. Certain existing development will remain in the floodplain, including the existing well and driveway. The Applicant will have to install a pipeline to bring water from the well to the new building envelope. In addition, the Applicant proposes a stream enhancement and fish habitat improvement project along the river. Warren Rider with Environmental Health and Natural Resources is supportive of the project and states, "Applicant's proposal to tie work into previously conducted stream restoration work directly downstream of the proposed activity envelope would be a great synthesis of two projects to return the Roaring Fork River and its riparian areas to more natural and fiinctional conditions, offering shade and habitat diversity within and around the river." Staff would note that the proposed activity envelope for this work encroaches onto adjacent properties (USFS, Boyles, Wildwood, Mountain Queen and Wille) in order to accomplish work on both banks of the river. The Applicant has not provided authorization from these other property owners to perform this work. Mr. Rider states that completing only one area of the project (on the Henke parcel) "could potentially cause harm to the river, exacerbating the current degraded conditions." Prior to submission of Floodplain Development and Earthmoving Permit applications to the County for the work, the Applicant must obtain the consent of all of the affected property owners; if any owners do not consent and the project is revised to exclude certain properties, staff must review the plan again to determine if it is still acceptable. In addition, the Applicant must provide authorization from the Army Corps of Engineers. Depending on the extent of the disturbed area, the Applicant will be required to submit either a County Drainage and Erosion Control Plan (less than one acre of disturbance) or a State Stormwater Permit (greater than one acre of disturbance). Wildli e: The Division of Wildlife states that the proposed building envelopes do not lie within any mapped big game winter range; but that evidence of winter range was observed. Mapped elk winter range and severe winter range lie above the envelopes on Richmond Hill. The DOW is concerned with the loss of undisturbed native habitat by siting the building envelope at the toe of the slope. However, the Applicant does not have an alternative for the building envelope as the rest of the property is within the floodplain. The DOW's recommendations to minimize ecological impacts are included in the conditions of approval. Dogs shall be prohibited since the property is adjacent to severe winter range, pursuant to Sec. 3-80-80.B.5 of the 1994 Land Use Code. Wild rre.• The wildfire hazard on the parcel is mapped as low/moderate, and can be minimized with standard mitigation measures. Ed Van Walraven, Aspen Fire Marshal, notes that the project must meet all of the codes and requirements of the Fire District, including adequate access and turnaround area, an approved fire sprinkler system, a 20,000 gallon water supply for fire fighting and detailed wildfire mitigation plans for both landscaping and structural standpoints. His recommendations are included in the conditions of approval. Geologic: Slopes: The building envelope is primarily comprised of slopes of less than 30%. There are small areas of slopes in excess of 30% within the building envelope; these slopes comply with the exception for minor changes in slope. Avalanche: Beat vonAllmen and Peter Lev of Alpentech determined that the building envelope is not within the red or blue avalanche hazard areas. They classify the site as within the "yellow zone", which is not defined in the Code, but they refer to as classification between blue (moderate hazard) and white (no avalanche hazard), which means that there is no significant avalanche hazard and no need for avalanche impact studies or the building of avalanche defenses. The Code does not require mitigation on less than a blue hazard area. 2 • Debris Flow/Rockfall: Roger Pihl of Yeh and Associates Inc. evaluated the site and recommends that rock fall and debris flow mitigation be considered during the site grading and structure design. The site is on the lower part of a debris fan and small boulders could fall and impact the site. Water & Sewer: The property is served by an existing residential well; a line must be extended from the well to the building envelope. The existing septic system will be replaced, as recommended by Tim Petz of All Service Septic LLC. The new system must be located within the building envelope, which will place it outside of the floodplain. Access/Roads: The property is accessed off of McFarlane Gulch Road on an existing driveway that serves this property and the adjacent Wille property. An access envelope to the building envelope is.~ located at the north end of the property. Staff has noted that the site plan delineates a "marsh" in this area. The Applicant shall move the access envelope to the south to avoid this area, if it is confirmed to be a wet area once the snow melts. CARETAKER DWELLING i1NIT: One caretaker dwelling unit 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. • 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. The request complies with the special review criteria: a CDU is consistent with the East Aspen Master Plan, and the AR-10 zoning, is compatible with the character of and will not create adverse impacts on the surrounding area. The DOW has recommended that the CDU be required to be attached to the primary residence; staff has included this in the conditions. RECOMMENDATION: Staff recommends approval of the Henke Property LLC 1041 Hazard Review and Caretaker Dwelling Unit, subject to the attached Determination. Attachments 1. Colorado Geological Survey 2. Colorado Division of Wildlife 3. Aspen Fire 4. Environmental Health & Natural Resources Application and Site Plan provided separately ' Ms. Wolffis a professional planner with a Bachelor's degree in Urban Studies from the Universi[y oFPennsylvania, and is a member of the American ]nstitute of Certified Planners. Ms. Wolff has worked for the Aspen/Pitkin County Community Development Department for 14'/: years, and as a Planner/Senior Planner within that department for 1 I years. In her planning position, Ms. Wolff has reviewed numerous land use applications pursuant to the Pitkin County Land Use Code. 3 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE HENKE PROPERTY LLC 1041 HAZARD REVIEW & CARETAKER DWELLING UNIT Determination No. -2007 RECITALS 1. Henke Property LLC ("Applicant") has applied to the Pitkin County Hearing Officer ("Hearing Officer") for 1041 hazard review approval of a building envelope within which to build a single family residence and caretaker dwelling unit. The proposed building envelope is sited in an undeveloped area on the property that is outside of the 100 year floodplain; the existing improvements are all within the floodplain. The Applicant also proposes stream enhancements to stabilize the river and improve fishery habitat. 2. The parcel is located at 300 McFarlane Gulch Road, and is more specifically described in Exhibit A. The parcel contains 11.9 acres, and is a conforming size parcel in the AFR-10 zone district. 4. The parcel was created in 1970. There are two existing single family residences (legally constructed in 1972 and 1973) and a barn. 5. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is being considered pursuant to the 1994 Land Use Code, as amended. 6. The Hearing Officer considered this application. at a duly noticed public hearing on April 17, 2007, at which time evidence and testimony were presented with respect to the application. 7. The Hearing Officer finds that the proposed building envelope .avoids the 100 year floodplain and riparian areas; is located on slopes of less than 30%, or complies with the Code exception for minor changes in grade on slopes in excess of 30%; that the wildfire hazard is rated as low/moderate and can be mitigated; and that impacts on wildlife can be mitigated. 8. The Hearing Officer further finds that the caretaker dwelling unit complies with the applicable provisions of the Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Henke Properly LLC 1041 Hazard Review and Caretaker Dwelling Unit, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any building or other development permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a 1041 Hazard Review Site Plan in accordance with Land Use Code Section 5-70-040, which shall depict the building and access envelopes. The above referenced approvals shall be a condition precedent to finalization and recordation. The site plan shall be amended as follows, prior to recordation: Resolution No. _-2007 Page 2 A. Move the access/utility envelope to the south to avoid the "marsh." B. Amend the "Riparian Restoration Area and Stream Enhancement Envelope" to be within the boundaries of the parcel. 3. Prior to issuance of any building permits for the.replacement residence, the Applicant shall: A. Complete afireplace/woodstove registration form with the Community Development Department, if necessary. B. Obtain a County access/driveway permit to extend the driveway to the building envelope. C. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. D. Submit a construction management plan for review and approval by the Planning Engineer showing the locations of staging, material storage and employee and construction traffic parking. E. Pay the applicable road and employee housing impact fees. F. Obtain approval of a septic permit from the Environmental Health and Natural Resources Department. The septic system shall be located entirely within the approved building envelope, and must comply with the setback requirements from surface and groundwater sources. The Applicant shall abandon the existing septic system, as required by EH/NR. G. Submit a plan for review and approval by the Aspen Fire Marshal to demonstrate that the project meets all of the codes and requirements of the Fire District, including provision of adequate access and a turnaround area and installation of an approved fire sprinkler system and 20,000 gallon water supply for fire fighting. H. Submit a precise engineer or geologist approved plan for mitigation of potential debris flow and rockfall for review and approval by the Community Development Department and the Planning Engineer. The plan shall show the area of disturbed slope, any re-gading required and the exact size and location of all mitigation devices. 4. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 5. Prior to final inspection to obtain a Certificate of Occupancy for the new residence, the Applicant shall have removed the existing structures within the floodplain and have completed the restoration of this area, subject to a plan approved by the County. Prior to submission of Floodplain Development and Earthmoving Permit applications to the County for the stream restoration/enhancement work, the Applicant must obtain the consent of all of the affected property owners. If any owners do not consent and the project is revised to exclude certain properties, staff must review the plan again to determine if it is still acceptable. In addition, the Applicant must provide authorization from the Army Corps of Engineers to the County, prior to submission of permit applications. Depending on the extent of the disturbed area, the Applicant will be required to submit either a County Drainage and Erosion Control Plan (less than one acre of disturbance) or a State Stormwater Permit (greater than one acre of disturbance). 7. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around all structures. Resolution No. _-2007 Page 3 B. Spacing between clumps of brush and vegetation within the 30 foot perimeter shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. C. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. D. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the edges of the crowns. E. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. F. Low vegetation (less than 6 inches in height) shall be maintained within a 10 foot perimeter around all structures. G. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 8. The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. A. Vents shall be screened with corrosive resistant wire mesh with mesh'/< inch maximum. B. Roofs and gutters shall be kept clear of debris. C. Yards shall be kept clear of all litter, slash, and flammable debris. D. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. E. Weeds and grasses within a 10 foot perimeter of all structures shall be maintained to a height of not more than 6 inches. F. Swimming pools or ponds shall be accessible to Fire Department vehicles. G. Fences shall be kept clear of brush and debris. H. Wood fences shall not connect to the structure. I. Fuel tanks shall be installed underground with an approved container. J. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire- resistive construction on the exterior side of the walls. K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. L. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. M. New utility lines shall be buried within the driveway. 9. The Applicant shall comply with the following to mitigate ecological impacts: Resolution No. _-2007 Page 4 A. Install and use approved bear-proof trash containers. B. Maintain native vegetation outside of the building envelope. If any native riparian vegetation is impacted by construction (in particular the utility corridor and the access envelope), the Applicant shall mitigate at a l: l ratio immediately adjacent to or as close as possible to the impacted area according to a revegetation and mitigation plan prepared by the Applicant and approved by the County. C. Surface and ground water flows shall not be diverted away from existing wetlands. D. Dogs shall be prohibited. E. Fencing outside of the building envelope shall comply with the wildlife compatible fencing regulations in the Land Use Code 10. No development, including, grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, entry or ranch gates or septic system shall occur outside of the approved building envelope, with the following exceptions: A. The existing well shall remain and a line extended within a utility corridor from the well to the building envelope. B. The new portion of the driveway shall be located within the access envelope. The portion of the existing driveway that will continue to be used may be improved, if required. C. Restoration of the area within the floodplain where the existing buildings and other development are located, subject to an approved Floodplain Development Permit. D. Streambank restoration/enhancement, subject to approved Floodplain Development and Earthmoving Permits. E. To comply with the required wildfire mitigation. F. Horses may be kept within the Pasture Envelope. No structures are permitted in this area. 11. All areas disturbed by construction shall be revegetated to limit water consumption and additional runoff within one growing season after completion of construction. 12. The caretaker dwelling unit shall be limited to 1,000 net livable square feet and shall be attached to the primary residence. 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 oil 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. Prior to submission of any building permits for the caretaker unit, 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. 14. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office may inspect the unit. Resolution No. _-2007 Page S 15. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 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, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on April 17, 2010. NOTICE OF PUBLIC HEARING PUBLISHED in The Aspen Times Weeklv on the 14"' day of January, 2007. - APPROVED AND ADOPTED on the 17~' day of April, 2007. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklv on the _ day of , 2007. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITK]N COUNTY, COLORADO ATTEST: By James R. True, Hearing Officer Date Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: John Ely, County Attorney APPROVED AS TO CONTENT: C,~.. Cindy Hou en, Community Development Director Case #P 180-06 PID #273729100006 STATE OF COLORADO Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Bruce McCloskey, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 August 17, 2006 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 ?~F: >~enke Progeny LLC 1041. Dear Suzanne: ~~ ~~°~~ b ~~I y For Wildlife- ForPeople The proposed building envelopes for the Henke property do not lie within any mapped big game winter range areas; however, upon site inspection evidence of winter range use was observed (droppings, browsing). Mapped elk winter range and severe winter range lie above the proposed hornesite on Richmond Hill. The proposed homesite area is probably used more during transitional periods when snow depth is less. The building envelopes do lie within a black bear fall concentration area and human conflict area. Human-bear conflicts have been significant in this area in the past. The building proposal states that the existing homes and barn which lie within the 100 year floodplain will be removed and the area reclaimed to riparian/floodplain habitat. This will be beneficial to a wide variety of wildlife species as well as benefit the riparian and floodplain functions along the Roaring Fork River. It will be important that as the reclamation progresses that it be allowed to grow and mature into a functional habitat with no alterations, grazing, or grooming of vegetation. The site plan contains what appears to be three separate building envelopes but does not state what is to be built in each envelope. The area in which they are building is currently a fairly undisturbed natural habitat with aspens, spruce-fir, and mountain shrubs. There is evidence that it receives a fair amount of wildlife use by elk, bear, and a variety of smaller mammals and birds. Construction of a home and caretaker dwelling unit would be best located in the northern envelope, adjacent to an existing home and disturbance, in order to minimize loss and disturbance of the native habitat. If the southern most envelope is to used for a barn site, it would be best to remodel the existing barn located adjacent to the driveway and road and not demolish it. This would help reduce loss of native habitat while allow for a barn in an existing disturbed location. Loose or uncontrolled dogs can have a significant impact to big game and other wildlife species through direct and indirect mortality, increased stress, and displacement to less preferred ranges. Control of dogs is vital to minimize impacts to wildlife when living in such close proximity to important winter range and riparian habitats. The following recommendations will help minimize impacts to wildlife and minimize human-wildlife conflicts: 1. construction of primary home and caretaker dwelling unit should be located within the northern most envelope with the caretaker dwelling unit attached 2. there should be no disturbance/loss to the mapped marsh within the access/utility envelope. Silt fencing should be installed around the marsh to prevent sedimentation into the marsh during construction 3. horse grazing should be kept west of McFarland Gulch Road but out of the mapped marsh area DEPARTMENT OF NATURAL RESOURCES, Russell George, Executive Director WILDLIFE COMMISSION, Jeffrey Crawford, Chair • Tom Burke, Vice Chair • Claire O'Neal, Secretary Members, Robert Bray .Brad Coors • Rick Enstrom • Richard Ray • James McAnally • Ken Torres Ex Officio Members, Russell George and Don Ament 4. riparian restoration plan should be implemented 5. all new and existing fencing should meet the fence code for wildlife friendly fencing 6, horse hay should be fenced with 8' mesh game proof fence in order to minimize game damage problems 7. native vegetation outside the building envelope should be maintained 8. a weed management plan should be implemented for the restoration area, access/utility envelope, and any other disturbed sites. 9. construction workers should not be allowed to bring dogs on site as the Division has had problems with dogs brought to construction sites chasing wildlife 10. trash garbage should be kept in an approved bear resistant container 11. round handled door knobs should be used for all outside doors instead of lever handles in order to minimize a bears ability to gain entry 12. nut, berry, or fruit producing trees or shrubs should not be used in any landscaping in order to minimize an attraction for bears 13. bird feeders should be discouraged from April 1 -December 15; if feeders are used they should be hung away from all decks and windows, be hung at least 10' from the ground, and suspended between 2 *rees..A.ll seed feeders sho~~ld have a seed catchment par: to catch discarded seed. 14. compost piles should contain yard waste only and no food products 15. horse grains, pellets, cookies, etc. should be kept in a bear resistant container Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright at 947- 2920, ext 2938. Sincerel , `~ - Pe ill Ar a Wildlife Manager Cc: J. Brdehoft, R. Velarde, K. Wright, file STATE OF COLORADO COLORADO GEOLOGICAL SURVEY COLORADO Department of Natural Resources ~ 1313 ShermarrStreet, Room 715 (~31 G Denver, CO 80203 l ~ Phone: (303) 866-2611 Fax: (303) 866-2461 January 31, 2006 Legal: S29, T10S, R84W DEPARTMENT OF ~U-~~.r,ne. ~~,~~~ NATURAL Ms. ~~-~---~ ' y ~+h:,, RESOURCES Pitkin County Community Development Department 130 South Galena Street Bill Owens Aspen, CO 81611 Governor Russell George Re: Henke Property 1041 Hazard Review Executive Director CGS Review No. PI-07=0003 Vincent Matthews Division Director and State Geologist Dear Ms. Suzanne Wolff: In response to your request and in accordance with House Bill 1041 (1974), I visited the site and reviewed the site plan on September 13, 2006. The site consists of approximately twelve acres and is proposed for subdivision into one lot vvith three designated building envelopes. Included in the review package was. a Development Review Application, prepared by Stan Clauson Associates, Inc: (6/29/06); which included a Geologic Report, prepared by Yeh, and Associates, Inc. (Yeh) (6/27/06). The site is located in gently to steeply sloping topography on the west side of the .Roaring Fork river valley, south of Aspen. The property is marked by steeply sloping topography along the western side, and flat, grassy flood plain to the east. The soil on the lower portion of the property is sandy gravel river alluvium. The geologic unit found on the upper portion of the property consists of lateral moraine glacial deposits. Large boulders and thin soils characterize the glacial deposits. The CGS is in general agreement with the observations and conclusion stated in the Yeh report. The primary geologic conditions likely to affect the development plan for this property are: slope instability, drainage, rockfall, and debris flow. Yeh recommends that these conditions be evaluated in more detail as part of a geotechnical investigation of the property, prior to application for building permit. Since mitigation of these conditions could include locating the proposed building envelopes to avoid the hazard, the CGS suggests that these conditions be evaluated during this phase of the approval process. If the applicant can show that the.proposed .building envelope locations would not change from~the currently proposed location, then additional mitigation recommendations could be followed according to the timeline proposed by Yeh. Other than the issues mentioned above, there are no additional geologic conditions present at this site that would preclude the proposed development. If additional investigations are needed as part of this application process, the CGS is available to review the additional materials, at your request. If you have further questions about this site, please do not hesitate to contact me at 303-866-3350. Sincerely, ~~ Sean P. Gaffney Engineering Geologist Cc: file e To: Suzanne Wolff, Community Development Department From: Ed Van Walraven, Fire Marshal CC: Date: January 30, 2007 Re: Henke Property PID # 2737-291-00-006; Case P180-06 Suzanne, 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 have the applicant contact the Fire Marshal's Office for specifications on the above requirements. Thank you, Ed MEMORANDUM To: Suzanne Wolff, Planning Department From: Warren Rider, Pitkin County Environmental Health & Natural Resources Department Date: April 11, 2007 Re: Henke Property LLC 1041 Environmental Hazard Review, Caretaker Dwelling Unit and Vesting of Property Rights, Case #P180-06 Parcel ID # 2737-291-00-006 SUMMARY OF RELEVANT PARTS OF APPLICATION: Applicant requests approval of an activity envelope for a stream restoration and fish habitat improvement project. The Pitkin County Environmental Health & Natural Resources Department has reviewed the details of the Henke Property LLC application under the authority of the Pitkin Countv Land Use Code and has the following comments. WATER RESOURCES IMPACTS: 2-140: Applicant proposes an activity envelope to restore and enhance the Roaring Fork River fishery and streambank. Applicant's proposal to tie work into previously conducted stream restoration work directly downstream of the proposed activity envelope would be a great synthesis of two projects to return the Roaring Fork River and its riparian areas to more natural and functional conditions, offering shade and habitat diversity within and around the river. Applicant's proposed design does appear to improve structure within the Roaring Fork River in terms of average depths, drop pool structures and riffles, and has the potential to increase bank stability and trout habitat quality in the long term. Applicant's proposal briefly mentions erosion control for the project site. Disturbances under one acre will require review and approval of a Pitkin County Drainage and Erosion Control Plan to address potential sediment transport from the work area. Disturbances in excess of one acre will be required to obtain permit coverage from the State of Colorado Stormwater Program (thereafter, applicant must submit a copy of its State permit and plan to Pitkin County in lieu of the Drainage and Erosion Control Plan requirement). The foregoing requirements must be satisfied prior to commencement of any earthmoving on the property. Applicant's proposal also mentions placement of the sewage disposal system within the 100- year floodplain. While the applicant is proposing the removal of structures previously constructed within the 100-year floodplain, the potential impacts of sewage disposal systems on groundwater (and surface water) quality are also problematic, and siting of the onsite Printed on Retycled Paper wastewater treatment system should occur elsewhere. Proximity to groundwater is also typically very problematic for functioning of these systems. Applicant's proposal did not address the issue of the multiple ownership of the proposed activity envelope; this should be addressed before work is commenced. Applicant should not be allowed to proceed with the work proposed until documentation has been provided that demonstrates that the project has the consent of all property owners and will be completed as presented; on all separately owned parcels of land. Completing only one area of the project (Henke Parcel) could potentially cause harm to the .river, exacerbating the current degraded conditions. Completion of only portions of the project could result in bank destabilization on .neighboring properties. The project should therefore be carried out as a one time reconstruction. Applicant proposes work within the 100-year floodplain but has not yet submitted an application for a Floodplain Development Permit with Pitkin County. Prior to commencement of this work, this permit will have to be obtained from the Pitkin County Natural Resource Specialist. Printed on Recycled Paper J to 'L.~ ~ w.~.. ROARING FORK R[VER PROPOSED ENHANCEMENT HENKE LLC PROPERTY PITKIN COUNTY/ASPEN, COLORADO Introduction The owners of the Henke LLC property located along the Roaring Fork River southeast of Aspen propose a stream restoration and fish habitat improvement project on a newly acquired piece of property know as the Henke Property. The purpose of the project is to stabilize this reach of the river and improve fishery habitat. The work is basically a restoration of the reach to a more typical riffle and pool sequence. Matt Weaver of Five Rivers, Inc. has designed the project and will provide construction supervision. This project will require notification under Condition 13 of Department of the Army nationwide general permit 27 and requests verification from the Corps that the project can precede under the nationwide permit authorization. This project description will also serve to support the Pitkin County Work in the Floodplain Permit application as well as an Earth Moving Permit. Applicant & Site Information Applicant Henke LLC c/o Davis Horn Incorporated 215 South Monarch Street Suite 104 Aspen, Colorado 81611 (970) 925-5713 (David Finholm, the owner's representative) Site Information: Unnamed Section of Township 10 South, Range 86 West, Pitkin County, Colorado Lat: 039° 09' 20.42", Long. 106° 47' 11.75" The project area is located approximately 3 miles southeast of downtown Aspen, Colorado. The property is within the transition from upper montane to the subalpine ecosystems at an elevation of approximately 8050 feet above msl. At this location, the Roaring Fork River meanders, or at least used to meander, through a relatively narrow mountain valley framed on each side by steep ridges that rise to well above 11,000 feet. oooo~~ t, The land use in the area is low density rural residential and State Highway 82 occupies the eastern portion of the valley bottom. Habitats in the project area near the river include a mixed coniferous/cottonwood riparian forest, willow dominated scrub/shrub wetlands and grass and sedge dominated meadows. The willow wetlands include riverine systems and large slope wetland beaver pond systems. The riparian forest includes Engelmann's spruce ( Picea engelmanni), Colorado blue spruce (Picea pungens), and narrow-leaf cottonwood (Populus angustifolia). The shrub wetlands along the river and in the larger slope wetlands are dominated by Salix monticola, Salix geyeriana, and Salix drummondiana, with alder (Alnus tenuifolia) present as well. The meadows include a mix of sedges (Carices) as well as grasses. The river is a low gradient meandering stream in the project area with a substrate of sand and small cobbles, average size of 2 inches. The river reach in the project area is approximately 450 linear feet long. The reach contains poorly developed pools with maximum depths at base flow of approximately 2 feet. There is a section of streambank approximately 50 feet long that is severely eroded. Project Description The project has three goals, all interrelated: to improve trout habitat, to reduce bank erosion, and to bring this reach of the river into a stable, higher quality channel configuration. The habitat work and stable channel configuration are accomplished with the channel work described below. Basically, the channel is brought into a more stable geometry based on the extant conditions to hopefully comport with natural configuration prior to the degradation that has occurred. The bank stabilization helps by reducing sediment load and maintaining a stable bank and channel habitat feature position. Figure 1 is a 2003 orthophotograph depicting the river reach where the work is proposed. The design photo also depicts the proposed project on the same orthophoto and typical cross-sections of the bank treatments, pool excavations and riffle and bar constructions. The in-stream work proposed includes the construction of a series of four riffles with lateral bars and pools to provide optimum trout habitat and maintain channel stability. The pools are excavated and riffles created above and below each pool to both direct velocities through the pool to maintain scour and a hard riffle is constructed below the pool, which provides a type of grade control maintaining water surface elevation and the position of the pool. Basically, the riffles are constructed using native materials to match the correct geometry for each localized reach. Fiver Rivers has successfully constructed numerous projects with these techniques. For this project it is estimated that 250 cubic yards of material would be excavated from the pool sites of which 150 cubic yards would be used to construct lateral bars, 30 cubic yards for riffles and the remaining 70 cubic yards would be hauled to the County Landfill. Large boulders are typically n'ot used to develop grade control although they can be incorporated into the stream reach as velocity refuge and cover for trout. It is proposed that twenty boulders with a long axis dimensio,~ 'of less than 5 feet be placed within the pools and pool tailouts of the project reach t >~~ t ;h m. ~oo~~~,. ti: ~ 4 ~ ~ a: . ., ~.,,... ,..,,,.~ ~~~x~u - ,w ~,~,~~ ., „.~,~~~m ~~~~~, [t is proposed that project construction be completed by mid June of 2007. It is estimated that work will take two weeks to complete. By working in May and June, the project can be completed during the later stages of runoff. Also, owners of neighboring properties have requested that the work be completed before summer (mid June) when they feel it would create more of a disturbance to them. The only equipment that would be used in the channel for the construction will be a tracked excavator. It will access the stream at one location north of the house on the old Henke property (see design). All channel work will take place from within the channel as to eliminate disturbance to vegetated streambanks and damage to established native trees and riparian vegetation. The disturbed area at the stream entrance point would be less than 15 feet in length and would be repaired and revegetated to pre-construction conditions. Material removed from the channel would be loaded into trucks at the entrance point and hauled to the Pitkin County Landfill. Streambank rehabilitation would be accomplished by a combination of grading and placement of large vegetative sod mats. The grading includes sloping the bank to a 1:1 profile and construction of a gravel/cobble platform at the base of the bank. The vegetative mats would be harvested from the left Streambank across from the eroding bank and placed on top of the platform tight to the sloped bank. The mats contain riparian grass species, sedges and willow. Harvesting the vegetative mats from the margins of this channel section would widen the cross sectional area of the channel and reduce erosive action on the repaired bank. Aquatic Resource Benefits One of the metrics for evaluating the resource value of a stream at this elevation is the aquatic macro-invertebrate populations both numbers and diversity. By reducing sediment and creating stable riffles and an overall more stable stream reach, the macro-invertebrate density and diversity of species should improve. The trout populations will also improve as the pool construction will improve over winter habitat for adults and the riffle construction will improve over winter habitat for juveniles. This outline has been intended as an introduction to the proposed project and it is assumed that there will be a .need for more detailed information as well as questions and comments by reviewers. Please feel free to contact me with questions or requests for additional information and I will respond as soon as possible. Thank you for your time in considering this proposed project. Best regards, Matt Weaver Five Rivers; Inc. k V~ VHa 00000 i~ } "~1 o~ .. i.i ~i~l,iu~. yi, iilul iii ii ii IV ii.. i. Ili, Iil L iiiiilii ~' 4 ~ m DMA. Y ~~ ~~. PlANNiNG Ec REA! EST/~TE C~3NSUlTING July 2, 2006 Suzanne Wolff AICP Pitkin County CommunitY,Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Henke Property LLC 1041 Environmental Hazard Review, Caretaker Dwelling Unit and Vesting of Property Rights Dear Suzanne: Davis Horn Incorporated represents Henke Property LLC, (aka Henke Holdings LLC, hereinafter applicant) in this land use application. The applicant is the owner of a 11.9 acre +/- metes and bounds parcel located east of Aspen and west of State Highway 82. The address of the site property is 300 McFarlane Gulch Road the parcel identification # is 2737-291-00-006. Attachment 1, a vicinity map, depicts the approximate location of the site. The applicant is seeking the following land use approvals: 1. 1041 Environmental Hazard Review (Section 3-80)• 2. Residential Growth Managment Quota System Exemption for Replacement Unit (Section 9-110-052 D.); 3. Growth Management Incentive for a Caretaker Dwelling Unit (Section 9-110-041); 4. Special Review for a Caretaker Dwelling Unit (Section 3- 210) ; and 5. Vesting of Property Rights (Section 4-140). ~~ This application includes the following sections: ~* Background; * Proposed Development; and Summary. ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970; '925-6587 • FAX: 970-925-5180 oOO 0 v ~ - ndavis~a~rof.net ghorn@rof.net _, .~, Suzanne Wolff AICP July 3, 2006 Page 2 BACKGROUND The applicant acquired the subject property from Phillip Henke last year. The subject site is improved with two single family dwelling units and a barn. Attachment 2 includes copies of building permits issued by the Pitkin County Building Department in 1972 and 1973. Attachment 3, the Henke Property LLC 1041 Hazard Review Site Plan, shows that both houses and the barn are located within the 100 year flood plain. The applicant acquired the subject site last year. PROPOSED DEVELOPMENT The applicant proposes demolishing the existing improvements located in the floodplain and the developing a new single family dwelling unit and a attached or detached Caretaker Dwelling Unit at the base of Richmond Hill to the west of the floodplain. The applicant proposes to maintain a small horse pasture to the east of the proposed building envelope just to the west of the existing driveway. The existing driveway and all land to the east of the driveway will be improved with a riparian area and stream enhancement plan. Attachment 4, a June 30, 2006 letter prepared by Sarah Chase Shaw, describes the Henke LLC Property Revegetation Plan. Sarah prepared the plan for the restoration of the riparian area on the adjoining property located on the east side of the Roaring Fork River. A similar restoration plan is proposed for the subject site. A stream enhancement plan has been implemented in the Roaring Fork Rive just downstream of the subject site. The applicant proposes continuing trout habitat enhancement in the River as it crosses the subject site. LAND USE REVIEWS This section of the application demonstrates compliance with the Land Use Code policies and standards identified Attachment 5, the applicant's Pre-application Conference Summary Sheet, which are listed below. * Article 2 Land Use Policies; Section 3-60-040 Environmental and Aesthetic Standards; * Section 3-88 1041 Environmental Hazard Review for Floodplain, Wildlife, Wildfire, and Geologic Hazards; * Section 9-110-051 Growth Managment Quota System Exemption for Replacement Unit; Q00005 f ~+~ Suzanne Wolff AICP July 3, 2006 Page 3 * Section 9-110-041 Growth Management Incentive for a Caretaker Dwelling Unit; * Special Review for a Caretaker Dwelling Unit (Section 3- 210) ; and * Vested Property Rights. Article 2 Land Use Policies The following sections demonstrate consistency of the proposed development with County Code policies. Policy 2-10 Community Balance The proposed development does not affect the Community Balance policy. Policy 2-20 Comprehensive Plan This policy is not applicable. Policy 2-30 Conformance with Comprehensive Plan The demolition of existing improvments located in the floodplain and the proposed development is consistent with the Plan. Policy 2-40 Growth Rate: Phasing of Public Services and Facilities; Section 3-14.0 Non-Metro Area Residential and Tourist Accommodations and Metro and Non-Metro Commercial Growth Management Quota System Allotments; and Section 3-150 Metro and Non-Metro Area Growth Management Quota System Exemptions. The proposed request will not have any impact on this policy. Policy 2-50 Development or Expansion of Ski Areas This policy is not applicable to the application. Policy 2-60 Compatibility with Existing Adjacent Neighborhoods The proposed use will be compatible with land uses in the site vicinity. ..w ~. ooooos . ~ ~,~~T _. ...... T y Suzanne Wolff AICP July 3, 2006 Page 4 Policy 2-70 Conformance with other Laws The proposed development will be in conformance with all applicable laws of the United States of America and the State of Colorado. Removal of structures in the floodplain will comply with FEMA regulations. Policy 2-80 Natural and Man-made Hazard and Resource Areas Natural and man-made hazard areas will not be impacted. See the 1041 Hazard Review standards for floodplain and riparian areas. Policy 2-90 Soil, Geologic Characteristics and Radiation Geologic characteristics are addressed in the 1041 Hazard Review section of this application. Policy 2-100 Drainage A drainage plan will be submitted with the building permit application. Policy 2-110 Erosion Standard erosion control practices shall be utilized during site development. Policy 2-120 Scenic Quality Scenic quality is addressed in the Environmental and Aesthetic section of the application. Policy 2-130 Air Quality a °' There will not be any additional impacts on air quality resulting from the proposed development. Policy 2-140 Water Resource Impacts Water resources will not be impacted by the proposal. Construction shall be managed to avoid impacts to the Roaring Fork River and riparian vegetation. Policy 2-150 Noise The activities proposed for the site will comply with Pitkin County noise standards. ~~~~~~ T Suzanne Wolff AICP July 3, 2006 Page 5 Policy 2-160 Wildlife Management Wildlife is addressed in the 1041 Hazard Review section of the land use application. Policy 2-170 Adequate Provision For Water Needs The subject site is improved with a residential exempt water well. A pipeline from the water well to the building envelope is proposed. Policy 2-180 Sewage Treatment Attachment 6 is a September 6, 2005 letter prepared by Tim Petz of All Service Septic Systems which evaluates the existing waste water disposal system. Petz indicates the existing septic tank is in poor condition and should be replaced upon site redevelopment. Waste water disposal will comply with applicable local and state standards. The building envelope is capable of accommodating the waste water disposal system. However, the applicant requests approval of the option of placing the waste water disposal system in the pasture in order to minimize the removal of mature landscaping int he building envelope. Policy 2-190 Impacts on Road System Policy 2-200 Road Design and Construction Policy 2-230 Transportation The proposed development will not impact the road system because it is a replacement unit. Policy 2-210 Logical Extension of Utilities Utility extensions are not proposed. Policy 2-220 Impacts on Taxes and Management of Necessary Services and Facilities There will not be any additional impacts on taxes and services. Policy 2-240 Compatibility with Agricultural Lands and Operations This policy is not applicable. Policy 2-250 Compatibility with Historical and Archaeological Resources This policy is not applicable. o~ooog ~ ... a ~ r Suzanne Wolff AICP July 3, 2006 Page 6 Policy 2-260 Housing The applicant will pay applicable housing impact fees prior to the issuance of a building permit, if required. Policy 2-270 Energy Conservation The proposed improvements will incorporate energy conserving devices. Policy 2-280 Compatibility with Public Lands The proposed use will be compatible with nearby public lands. Policy 2-290 Access to Public Lands Access to public lands through the subject site is not proposed. Policy 2-300 Private Land Surrounded by Public Lands (Inholdings) This policy is not applicable to the site. Environmental and Aesthetic Standards Section 3-60 This section demonstrates compliance with the Environmental and Aesthetic standards. Section 3-60-020 Air Quality The proposed development shall not constitute a direct or indirect source of air pollution and shall comply with the Pitkin County Title II air pollution regulations. Section 3-60-030 Preservation of Natural Landscape There will not be alteration of grades within the 100 year floodplain except as may be necessary for driveway development. In any case, there will be a net improvment in the violations of the 100 year floodplain due to the demolition of two houses and a barn which have been developed in the floodplain. The riparian area will be restored consistent with the proposal made by Sarah Chase Shaw as described in Attachment 4. Section 3-60-040 Scenic Overlay As noted in Attachment 5, the Pre-application Conference Summary `oovoos Suzanne Wolff AICP July 3, 2006 Page 7 Sheet, the subject site is not located within the Scenic Overlay. Section 3-60-050 Scenic Quality The proposed structures are to be located at the base of Richmond Hill just to the west of the floodplain on a small bench. The proposed building envelope is heavily vegetated with Aspen and conifer trees. The applicant will seek to minimize removal of mature vegetation around the proposed improvments except as necessary for wildfire mitigation. The existing trees are a major site attribute. The preservation of the trees will help reduce the visual impacts of site development. Section 3-60-060 Solar Access Given the location of the proposed building envelope directly at the base of Richmond Hill, there will be limited solar access from the west . There should be good solar access to the south and east . Passive solar design shall be incorporated in the design of the proposed structures. Section 3-60-070 Reduction in Density for Steep Slopes This standard is not applicable because only one dwelling unit is proposed. Section 3-80 Areas of State and Local Interest 1041 Environmental Hazard Review This section of the application addresses Floodplain Hazard Areas, Geologic Hazard Areas, Wildfire, and Wildlife Habitat Areas. Section 3-80-040 Floodplain Hazard Areas Attachment 3, the Henke Property LLC 1041 Hazard Review Site Plan, shows an existing barn and two dwelling units are located within the 100 year floodplain. The new structures proposed on site will be located outside the 100 year floodplain. The only development proposed within the floodplain will be a water well, pipeline, wastewater disposal system and driveway. Section 3-80-050 Geologic Hazard Areas The subject site is affected by Avalanche Areas, Potentially Unstable Slopes, Debris Flow and.Rockfall. This section of the application demonstrates compliance with the Code standards for the identified Geologic Hazards. ~a00I 0 Suzanne Wolff AICP July 3, 2006 Page 8 Avalanche Areas. Attachment 7 is a February 13, 2006 Avalanche Hazard Report prepared by Beat vonAllmen and Peter Lev of Alpentech. The report classifies the subject site to be within the "Yellow Avalanche Hazard Zone." The Yellow Avalanche Hazard Zone is defined as follows. "The Yellow Zone classification applies where terrain is sufficiently steep and extensive to theoretically produce avalanches. However, the lack of snowcover, or the presence of a dense vegetation cover, and lack of historical support for avalanche activity all indicate there to be no significant avalanche activity. The Yellow classification does not require impact studies necessary for building defense structures, or to special building codes, as would the blue classification." Based upon the preceding analysis, avalanche mitigation is not proposed for the subject site. Unstable Slopes. Attachment 3, the Henke Property LLC 1041 Hazard Review Site Plan, categorizes slopes ranging from 0-15 percent., 15-30 percent, 30-45 percent and 45 percent and over. The proposed building envelope is comprised predominantly of slopes ranging between 15 and 30 percent. The building envelope also includes areas with slopes between 0 and 15 percent and some minor slope between 30 and 45 percent which are minor slope anomalies. Debris Flow and Rockfall. Roger Pihl of Yeh and Associates addresses debris flow and rockfall danger in his June 27, 2006 letter, Attachment 8. The proposed building envelope is affected by rockfall and debris flow danger. Mitigation for rockfall and debris flow is recommended. According to Pihl, the mitigation may include site grading, reinforced foundation walls, earth berms, walls, fences or a combination of these techniques. The specific type of mitigation should be resolved during the geotechnical investigation prior to submission of a building permit application. Section 3-80-070 Wildfire Areas The subject site is within a low to moderate wildfire area due to the location of the property adjacent to the Roaring Fork River. The applicant agrees to utilize standard wildfire mitigation techniques. Section 3-80-080 Wildlife Areas The subject site is proximate to critical elk winter range and contains riparian vegetation. The applicant agrees to reasonable oaoo~l 7 Suzanne Wolff AICP July 3, 2006 Page 9 conditions to avoid interference with critical elk habitat. The applicant proposes to implement the riparian area restoration plan proposed in Attachment 4, a June 30, 2006 letter prepared by Sarah Chase Shaw. Shaw prepared the plan for the restoration of the riparian area on the adjoining property located on the east side of the Roaring Fork River. A similar restoration plan is proposed for the subject site. A stream enhancement plan has been implemented in the Roaring Fork Rive just downstream of the subject site. The applicant proposes continuing trout habitat enhancement in the River as is crosses the subject site. Growth Managment Quota System Exemption Section 9-110-051 The pre-application summary sheet suggests that the applicant demonstrate compliance with Section 9-110-051 of the Land Use Code. This section includes a list of GMQS exemptions, but does not include the exemption being sought by the applicant. The applicant is seeking a GMQS exemption for a replacement unit pursuant to Section 9-110-052 D.3. Section 3-210: Special Review for Caretaker Dwelling Unit This section of the land use application demonstrates compliance with Section 3-210. Standards appear in bold followed by the applicants response. Section 3-210-020 A. The special review use shall consider the applicable County Master Plan. The Aspen East Master Plan was addressed in the Policy section of the application. Section 3-210-020 B. The special review use shall consider County land use policies in Article 2. County land use policies were addressed in a preceding section of this application. Section 3-210-020 C. 00012 ~ ~ ,a Suzanne Wolff AICP July 3, 2006 Page 10 The special review use shall consider the intent of the Zone District in which it is proposed to be located. The subject site has been carefully planned to be consistent with the intent of the zone. Section 3-210-020 D. The special review use shall consider the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. The applicant has carefully considered the character area and the site vicinity in preparing this land use application. The site plan has been prepared so that site development will be compatible with the character of the area. Section 3-210-020 E. The location, size design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. There will be minimal adverse impacts associated with the CDU. The application is designed to restore the riparian area and enhance the stream habitat. The special review use will not result in adverse effects upon pedestrian, vehicular circulation, parking, trash and service delivery. There will not be any vibrations or odor resulting from the special review use. Noise will not be louder than County standards. Section 3-210-020 F. 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. The additional CDU will have a minimal impact on the services listed in this section. Section 3-210-020 G.1. ~, 0000~1~ .r~g ~.:~. Suzanne Wolff AICP July 3, 2006 Page 11 An application for a special review use must demonstrate to the Board of County Commissioners that the proposed development will not materially endanger the public health, safety or welfare. The CDU will not endanger public health, safety or welfare. The residential floor area will be built in compliance with building codes. Section 3-210-020 G.2. An application for a special review use must demonstrate to the Board of County Commissioners that the proposed development will not substantially injure the value of adjoining or abutting property. The CDU will not injure the value of adjoining or abutting property. Rural Area Incentive to Develop a Caretaker Dwelling Unit Section 9-110-041 C.2 The applicant is seeking approval for a Caretaker Dwelling Unit (CDU). The applicant agrees to abide by the following standards. A. The total floor area for the principal and the caretaker dwelling units shall not exceed the allowable FAR for the zone. B. There shall be one off-street parking space for the caretaker dwelling unit. C. The applicant will guarantee through a deed restriction that the caretaker unit shall not be required to be rented; not be condominiumized or sold or otherwise conveyed separate from the original parcel; be limited to occupancy by not more than two adults and related children who qualify as employees of the community under applicable guidelines; be rented for terms not less than six months, if rented. The caretaker unit can be occupied by members of the immediate family even though they do not qualify as employees of the community. D. The caretaker dwelling unit restriction may be removed by the owner upon approval of the Hoard of County Commissioners. ~dQ~~~ F , Suzanne Wolff AICP July 3, 2006 Page 12 Vesting of Property Rights Section 4-140 The applicant requests approval of Vested Property Rights pursuant to Section 4-140 of the Code. The Site Specific Development Plan for the property includes all of the standards of Section 3-40-110. SZTNIl~IARY This application requests the following land use approvals: 1. 1041 Environmental Hazard Review (Section 3-80); 2. Scenic Overlay Review (Section 3-60-040); 3. Residential Growth Managment Quota System Exemption for Replacement Unit (Section 9-110-052 D.); 4. Special Review for Caretaker Dwelling Unit (Section 3- 210) ; and 5. Vesting of Property Rights (Section 4-140). This letter and the attachments have demonstrated compliance with the Land Use Code standards identified in the pre-application meeting with Suzanne Wolff. The following attachments are included: 1. Vicinity Map; 2. 1972 and 1973 Pitkin County Building Permits 3. Henke Property LLC 1041 Hazard Review Site Plan 4. June 30, 2006 letter prepared by Sarah Chase Shaw, describes the Henke LLC Property Revegetation Plan 5. Pre-application Summary Sheet; 6. September 6, 2005 letter prepared by Tim Petz of All Service Septic Systems 7. February 13, 2006 Avalanche Hazard Report prepared by Beat vonAllmen and Peter Lev of Alpentech 8. June 27, 2006 Geologic letter from Roger Pihl of Yeh and Associates a ". 00015 A r Suzanne Wolff AICP July 3, 2006 Page 13 9. Proof of Ownership; 10. 1970 Deed from Stuart Mclaughlin to Daniel Maddalone creating Parcel; 11. List of Adjacent Property Owners; 12. Fee Agreement; and 13. Letter from Peter Poole Authorizing Submission of Application. Please contact me if you would like additional information or would like clarifications. Sincerely, DAVIS HORN INCORPORATED f1 ; r . ~ ;: ,~, ,--~' GLENN HORN ~iICP Henke . „. <; > y. OOOO~f ~ , Ali' i I~ I;.,~ ~ / ` / / /,' ~r ~ _ _ 00' i . ' ~ ~ .v 'Yy _. J 1~ ~. 1l `•> ;11,1 {(!' 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Photorevised in 1987 Vicinitq Map USGS 7.5 minute series, topographic map Henke Property Map Scale• 1" = 2,000' 300 McFarlane Road • Aspen, Colorado - - ---- - . _I ~ ,. ,,._ I ... `"'°" °''' I><UILUIIVC+ IIV~1'tC:11VN UtPAKIMtIVI ~ (~ CITY OF ASPEN - CODiVTY OF PITKINQ, COLORADO ADDRESS ~ ~~ 2 ' k.,.~.,-~- w ~ ~ GENERAL OF JOB _.asi: - sscL~`tLtg r1Zin ~xt+y u ~_>~l~It~Y - CONSTRUCTION . - - ~ PERMIT WHEN SIGNED AND VALIDATED BY BUILDING INSPECTION DEPARTMENT THIS PERMIT AUTHORIZES THE WORK DESCRIBED BELOW. ~.es iclence GLASS OF WORK= NEW O ADDITION ^ ALTERATfIO.N ^ REPAIR ^ MOVE ^ WRECK ^ NAME Jamie ,•ici~uYi.3.ir. ADDRESS ac ~ NAME (AS LICENSED) ~e1f v t Z ADDRESS u SUPERVISOR FOR THIS )OB NAME LEGAL DESCRIPTION SURVEY BY AREA (S. F.) „rj f(~ AT GRADE fox 1754 e~ a UE'-TI . ~O ~ O . LICENSE CLASS PHONE I INSURANC! jfl ^ DATE CERTIFIEC BASEMENT FIN. ^ ~ GARAGE SINGLE ^ ATTACHED ^~ TOTAL f TYPE UNFIN. ^ DOUBLE ^ DETACHED ^ ROOMSJ I CONSTR. DEPTH SIZE SPACING SPAN ~iCLauGhlin ~E:etion 2~. Ranch contains 18Q acres ~ LOT NO. BLOCK NO. ADDITION -'~ ATTACHED ^I DESIGN BY 5e2~ I HEIGNT I IND. I TOTAL I OCCUPANCY (FEET) ~~ STORIES 7 UNITS I GROUP ~ FIRST eELOw ~~ AGENCY Z GRADE n,t; FLOOR ? R ~.~ IE} ~~ ~ EXTERIOR F FOOTING ,t SIZE ~r i CEILING I};]_fl ~b 0 U X iiT n ~ i Z EXTERIOR FDN WALL n r t CONC. ~ ( 2 R I2 q~ ~ ~l~~ ^ , ~ . THI KN O ROOF yY F ~?-~4' , , O C ESS MAS'Y ^ ~ i, r;, ~ K ^ O ^ ) °O ~ ~~ ~~'~~O~r'' `' ' SLAB 8 G R. BE MS ERIAL / . I MASONRY ABOVE ABOVE i~,~` `'; ' ABOVE EXTERIORS THICKNESS IST FLR. 2ND FLR. 3RD FLR. WALL ~ STUD SIZE ABOVE ABOVE ~" ' f ' ABOVE d SPACE 1ST FLR. 2ND FLR. . 3RD FLR. REMARKS LOc Construc tion S x., si I~iC~ `~.ou.~h ~ ,~{ Y:. .~~, } ':t• I BUILDING REVIEW I-~ I ZONING I.~ II PARKING If PUBLIC HEALTH II ENGINEERING NOTES TO APPLICANT : ' FOR INSPECTIONS OR INFORMATION CALL 925 - 7.136 FOR ALL WORK DONE UNDER THIS PERMIT THE PERMITTEE ACCEPTS FULL RESPONSIBILITY FOR COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE COUNTY ZONING RESOLUTION OR CITY ZONING ORDINANCE, AND ALL OTHER COUNTY RESOLUTIONS OR CITY ORDINANCES WHICHEVER APPLIES. SEPARATE PERMITS MUST BE OBTAINED FOR ELECTRICAL PLUMBING AND HEATI PHONE LICENSE NUMBER A uc. PE No DIV. FIRE ZONE ~~; AUTHORIZED I DATE BY .~~// - 3. ~ ~i\ ~e~~iC ~c^xI1~{1 VALUATION OF WORK ~ 3,~`s(1•f~G~ , NG, SIGNS, PLAN T P ` ~ TOTAL FEE SWIMMING POOLS AND FENCES. PERMIT EXPIRES 60 DAYS FROM GATE ISSUED UNLESS WORK IS STARTED. FILED REQUIRED 1NShEfiFtONS SHALL BE REQUESTED ONE WORKING DAY IN ADVANCE. DOU9LE~ I CHECK ^^ ALL FINAL INSPECTII:1yS SHALL BE MADE ON ALL ITEMS OF WORK BEFORE OCCUPANCY IS PERMITTED. u FEE CASH `~ ~.. ~ ft '^r iJ THIS BUILDING SHALL NOT BE OCCUPIED UNTIL A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED. ^ BUILDING DEPARTMENT PERMIT SUBJECT TO REVOCATION OR SUSPENS{ON FOR VIOLATION OF ANY LAWS GOVERNING SAME. SIGNATURE --~''`~~ ,/' ,. OF 4 j ~ ~~ APPLICANT, ~, ,~ APPROVA~Y /T~E / THIS FORM IS A PERMIT ONLY ~~ / \~ 9 TE PERMIT NO. I LICENSE # I RECEIPTS CLASS ( AMOUNT WHEN VALIDATED HERE `~... ~~7/13/7? ~ ~-i~5 I I~„~., I ~~ ~ _ oonn~8 of nr nr~rr^ ncnT nl c rr~nv ~ , -~- .NSPECTION OE.PARTMENT " > ~ ~.f t~~~ '~rtN -COUNTY OF PITKINn, COLORADO '~` F . "PLUMBING OR Highway 8Z F,I~S~ -McLaughlin Prop O~~ ~ DOMESTIC AP PL. - PERMIT WHEN SIGNED ANO VALIDATED BY BUILDING INSPECTION DEPARTMENT THIS P _ RIZES THE WORK DESCRIBED BELOW. I CLASS OF WORK: NEW [~ ADDITION ^ ALTERATION ^ REP AIR ^ MOVE ^ WRECK, OWNER -_ -_-- -...- - , I, NAME ph; ~ 1 ~~, HP„t~p ADDRESS,,,,„ °~~i.>Ano~• PHONE ~~ ~ NAME fAS LICENSED) V t .z , AflDI;ESS O I SUPERVISOR u FOR THIS JOB FLOOR IBSMT AUTO. WASHER BATH TU8 DRINK. FOUNTAIN DISH WASHER FLOOR DRAIN GARB. DISPOSAL , eQ 1 f LICENSE LICENSE CLASS NUMBER PHO~JE '~~.~~~~ NAME PLUMBING 1 2 3 ~a ~~ a GREASE TRAP I I 1 SAND TRAP SEWER-SANITARY SEWER-STORM SHOWER SINK I I 1_ i SLOP SINK ~ ( j~l UNDERGROUND J SPRINKLER SYS: URINAL WASH BOWL ~ ' 1 WASH TUB I ' WATER CLOSET WATER DISTRIB. SYST. WELL 4 I s I 6 I 7 1 8 i OTHERS OTHER I I I I I ' TOTAL FIXTURES I I I I I ~ I I BY FLOORS TOTAL FIXTURES ON JOB ~ ,~ DATE CERTIFIE ESTIC APPLIANCES UNITS ~ DESCRIPTION OF WORN AUTOMATIC WASHER I DISH WASHER WATER SOFTENER OTHER- REMARK5 AGENCY AUTHORIZED pA, TE, ZONING 13Y rI~ ~.}2~~ PUBLIC. HEALTH I STATE ~ `~~~'•`• ENGINEER _ VALUATION NOTES TO APPLICANT: ~ OF WORK 25Q0.Qt3 FOR INSPECTIONS OR INFORMATION CALL 925 - 7336 • THE VALUATION OF EACH OF THE ABOVE UNITS SHALL BE INCLUDED IN THE VALUATION OF woRK. PLAN. T, P ~ ~ TOTAL FEE FOR ALL WORK DONE UNDER THIS PERMIT THE PERMITTEE ACCEPTS FULL RESPONSIBILITY FOR FILED 1 TATEPOFNCOLORIADOHCITYCOFNASPENPORDINANCEOSDAND ALL OTHER COUNTY RESOLUTIONSTMENT, pOUBLE f CHECK ^ CITY ORDINANCES, STATE LAWS, WHICHEVER APPLIES. FEE ~ L CASH ~ Z. SO REQUIRED INSPECTIONS SHALL BE REQUESTED ONE WORKING DAY IN ADVANCE. PERMIT SUBJECT TO REVOCATION OR SUSPENSION FOR VIOLATION OF ANY LAWS GOVERNING SAME. BUILDING INSPECTION DEPARTMENT" j A fINAI INSPECTION SHALL BE MA BEFORE OCCUPA IS PERMITTED. SIGNATURE ~ , ~ .= -~-~ OF APPLICANT:, ~i~ ~ ~ ~,~.,C~fi ,~- A PROVA BY DATE - ~% / _ ~ THIS FORM IS A PERMIT ON~Yf ` I DATE ~ PERMIT NO. I LICENSE ~ ( • RECEIPTS CLASS I AMOUNT WHEN VALIDATED HERE. I'~ ,,,,,~. " V ~ ~ S/Z3/73 I 3-114 P ( f ~ I ~"`'~'/ i ~" ,~"---_ Q0~0~~ (4/65) z B.I. BUILDING INSPECTION DEPART( ~, , ~] CIT'F OF ASPEN -COUNTY OF PITKINQ, ADDRESS ~ ~~:~ OF JOB .%~t:~ .~©[ ''. ~. ~ _ _~ ATTACHED ^I DESIGN BY CLASS OF WORK ~~+ v..~ann~tu tir jUilD1~NG INSPECTION DEPARTMENT THI$ PERMIT AUTHOf'I dc.G.~.r~- ~k~ NEW G GE'~V~RAL ~~ } CONSTRUCTION PERMfT THE WORK DESCRIBED BELOW. ITION ^ ALTERATION ^ REPAIR ^ Vnl`ICK i ~ ` - '- NAME `~~'a G~r'f ~~ `~-~.~ ~~z: ~ ' ,, /~ ADDRESS ~ °C ,. . _ ~ i ~ _ ~ ~ NAME (AS LICENSED) u. ~;~ ~~ LICENSE CLASS v . ~ ~ ADDRESS RHONE ~ ~ SUPERVISOR FOR THIS )OB NAME _EGAL ~ESCRf PTiON SURVEY BY AREA (S.F.) - _ .~~~ HEIGHT ~ NO TOT 5-~/ ~ AT GRADE 7 ~~ (FEET) Z ~~ . (STORIES ~ AL I . ait~ J UNITS 3ASEMENT F'"~ ^ I GA RAG SINGLE ^ ATTACHED ^f TOTAL UNFIN. ^ ~ DOUBLE ~ DETACHED ^ ROOMS DEPTH I BELOW FIRST I SIZE SPACING a ~~ GRADE ~..J~;-7'P'as_-rc..~ ~H FLOOR ~j f f cs211,/~ /~ EXTERIOR I- ,~ ~~T~~1/ ~ ~~ FOOTING /~,`/~ ' SIZE )( ~`L~.-, . . ~ ~ CEILING .~ /Y© ` / Z . EXTERIOR FDN. WALL ~ ~ CONC. ~ R , [4 ~~;,,,,~ ~~~/? ~._....<,.Z f7" " f G THICKNESS l MAS'Y ^ OOF ~~,,, J ~ Li f~ L THICK CAISSONS SLAB ^ 8 GR. BEAMS ^ ROOFING ~ MATERIAL ~` '' ~~ ~CTERIO~ MASONRY ABOVE THICKNESS IST FLR . ABOVE ABOVE 2ND FLR, 3RD FLR. HALL ~ STUD SIZE b SPACE ~(1,L REMARKS ABOVE ABOVE IST FLR 2ND FLR. ABOVE 3RD FLR. i ~ MOVE ^ WRECK ^ PHONE LICENSE NUMBER INSURANCE D ERTIFIED A uc. / I OCCUGROUP ~~ ~^ DIV. ~J TYPE ' ` FIRE l~ CONSTR. Y f ZONE ~' '_ SPAN f ~~ ~3/~ >nv B t~ ! D APPLICANT : -- FOR INSPECTIONS OR INFORMATION CALL 925- 7136 FOR ALl WORK DONE UNDER THIS PERMIT THE PERMITTEE ACCEPTS FULL RESPONSIBILITY FOR COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE COUNTY ZONING RESOLUTION OR CITY ZONING ORDINANCE, AND All OTHER COUNTY RESOLUTIONS OR CITY ORDINANCES WHICHEVER APPLIES. SEPARATE PERMITS MUST BE OBTAINED FOR ELECTRICAL, PLUMBING ANO HEATING, SIGNS, SWIMMING POOLS AND FENCES. PERMIT EXPIRES 60 DAYS FROM GATE ISSUED UNLESS WORK IS STARTED. REQUIRED INSPECTIONS SHALL BE REQUESTED ONE WORKING DAY IN ADVANCE. ALL FINAL INSPECTIONS SHALL BE MADE ON ALL !TENS OF WORK BEFORE OCCUPANCY IS PERMITTED. THIS BUILDING SHALL NOT BE OCCUPIED UNTIL A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED. PERMIT SUBIECT TO. REVOCATION OR'SUSPENSION FOR VIOLATIO F ANY LAWS GOVERNING SAME. SIGNATURE ,:- , '/ ; PPLICANT:.,.~..- ~ ~--C. THIS FORM~IS A PERMIT WHEN VALIDATED HERE LOT NO. BLOCK NO. ADDITION KENT COLORA ~~ AGENCY I AUTHORIZED I DATE BUILDING %,; /BY i REVIEW I ~; /(,-r~ ZONING ~J~ _ / PARKING I ~ f I PUBLIC HEALTH ~--Y`-~%~="~{r'~'~~"'o'i?!, .,. - -1111 ENGINEERING I I ~ I ~~ I VALUATION OF WORK ~ ~.~~ ~ 5 ~; PLAN TOTAL F'EE FFLED T P ~' DOUBLE FE (CHECK ^ _ 25J ` ~ ~ E ~ I CASH • BUDDING DEPART MENT ~~ / ~~_-- II APPROVAL 8Y -ATE PERMIT NO. I LICENSE ~ I RECEIPTS CLASS I / ~ _ DATE /~ AMOONT 000020 ~ ' ~''~ ,aSPEN - COUNTY. OF PITKINO, COLORADO ADDRESS ~ Q~ .~~ OF JOB rl '~ ~ d'~ ~/~ ~' V O, WHE NEO ANO VAUOATED Y UILOING I SP - _ PERMIT a i~k`~,C~fG DEPAR~ ENT T,(~IS PERMIT AU7HORIZES THE WORK DESCRIBED BELOW. CLASS Of WORK: NEW ~ADDITI N ^ ~u ALTERA/TION ^ OWNER ,~ ~ REPAIR ^ MOVE ^ WRECK O oc H u t oc Z O V NAME NAME (AS LICENSED) 0 /~ , ~ ~ ADDRESS I SUPERVISOR FOR THIS JOB NAME -----.-_ PHONE LEGAL - DESCRIPTION LOT NO,~C~~ ~+.J ~ Q~~~~ _ NO. A.7.7~',~LTION SURVEY TACHED ^~SIGN - BY BY AREA (S.F.) I AT GRAD£ /~ ~ O HEIGHT ~ NO. TOTAL ~ OCCUPANCY ~ (fEETp /,~/ STORIES .l UNITS r ~on~~.. BASEMENT FIN, ^ GARAGE UNFIN.~ SINGLE ^ ATTACHED ^ TOTAL DOUBLE ^ DETACHED ^ ROOMS DEPTH Z BELOW ~/ ~ ~ FIRST SIZE SPACING SPAN O GRADE ~ EXT ~ FLOOR ~J ~//O / ~~ v~_l~ ~ '~~ ~~ ~ S ERIOR SOOTING ~!~ ~~ ! f• CEILING O c Z / EXT ~ // C ~ ~ ~ /L° IS~/ ~ ERIOR FDN. WALL ~ fl CONC. ^ THICKNESS I ROOF ~ • ` MAS'Y ~ ~~~ ~ ~~ / THICK CAISSONS SLAB ^ 8 GR B ^ ROOFING D• ~ /y /~ . EAMS I MATERIAL ! /p f ~ cC~ c .- XTER10 - MASONRY ABOVE ABOMASONRY ABOVE VE THICKNESS IST FLR. ABOVE HALL 2N0 FLR. 3RD FLR. STUD SIZF~ BOVE ABOVE d SPACEoC X~~ST FLR ABOVE REMARKS . 2ND FLR. 3RD FLR. c ~~ v NOTES TO APPLICANT FOR INSPECTIONS OR INFORMATION CALL 925 - 7.336 FOR ALL WORK DONE UNDER THIS PERMIT THE PERMITTEE ACCEPTS FULL RESPONSIBILITY FOR COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE COUNTY ZONING RESOLUTION OR CITY ZONING ORDINANCE, AND ALL OTHER COUNTY RESOLUTIONS OR CITY ORDINANCES WHICHEVER APPLIES, SEPARATE PERMITS MUST BE OBTAINED FOR ELECTRICAL, PLUMBING AND HEATING, SIGNS, SWIMMING POOLS AND FENCES. PERMIT EXPIRES 60 DAYS FROM DATE ISSUED UNLESS WORK IS STARTED. REQUIRED INSPECTIONS SHALL BE REQUESTED ONE WORKING DAY IN ADVANCE. ALL FINAL INSPECTIONS SHALL BE MADE ON ALL ITEMS Of WORK BEFORE OCCUPANCY IS PERµITTED. THIS BUILDING SHALL NOT BE OCCUPIED UNTIL A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED. ^ PERMIT SUBJECT TO A O USPENSIO VI 'ATION ANY LAWS GOVERNING SAME, SIGNATURE OF APPLICANT ~ ~~(J THIS FORM IS A PERMIT QpQI[Y DATE I PERMIT NO. I WHEN VALIDATED HERE j/ ~ ADDRESS _ ~~--~-~-' n_r~_. FHONE GCICENS£~ LICENSE CLASS NUMBER TYPE CONSTR. INSURANCE DATE CERTIFIED A uc. PE No. DIV. FIRE ZONE AGENCY I AUTHORIZED gy DATE BUILDING REVIEW ~,,,~/ yf ~ Y'~ l/ ZONING I ~~~„/ ~/ / v PARKING i i r PUBLIC HEALTH I~ t ENGINEERING - ~ I I I I I II~ f VALUATION OF WORK ~ c2D p~ p ~"D PLAN ! TOTAL FEE FILED T P I DOUBLE (CHECK ~ ~ ~ FEE ~ CASH r~ ~ `/` BUILDING DEPARTMENT ~~~~ APPROVA BY `^~! 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'"moo »r ~S~ '~ixa °.~i aim t= o-~ i ti g - Z'Z _m~ r~. O O ~3 TT m ~z ~~ I ~~ b ~M °°~'9 `'~ €o~ .~ Y~~ ~~ ,f„ c '_ < d June 30, 2006 Mr. Glenn Horn 215 S. Monarch Aspen, CO 81611 Re: Henke LLC Property Revegetation Plan Dear Glenn: This letter outlines a proposal to revegetate the 11.9-acre Henke LLC parcel. As you know, the existing conditions of this site include a steep, north-facing slope consisting of aspen, Engelmann spruce, lodgepole pine, and Douglas fir that transitions to a relatively flat and open dry meadow area ofnon-native pasture grasses and some noxious weeds intermixed with willows, alders, and cottonwoods. The 100-year flood boundary lies at the toe of the slope, and the floodway boundary bisects the dry meadow. Two houses and a barn are located at the edge of the existing willow bottomlands. A secondary channel of the Roaring Fork River makes a turn through the property, and the main channel of the river forms the eastern boundary of the parcel. We are proposing a habitat enhancement and revegetation plan that returns areas of the site that are currently developed to their pre-existing conditians. Site improvement work, including grading and soil amendments and some seeding and planting, will start this fall, however, the majority of the planting will be completed in the early spring of 2007. To ensure the success of this reve~etation effort, we anticipate that many of the plant materials will be salvaged from the property including, but not limited to the following plant materials, and subject to an in-depth site inventory and analysis. The larger plant materials will be acquired from reliable native plant sources in the region. Trees including Ponderosa Pine, Lodgepole Pine, Douglas Fir and Spruce Willow species these will be salvaged from the willow carrs adjacent to the site and transplanted as pole plantings or as live stakes during the early spring of 2007. Sedges including water sedge, Nebraska sedge and beaked sedge Rushes including arctic rush, common spike-rush and tufted hairgrass Grasses including Alpine Timothy, Western Wheatgrass, and Alkali Muhly Perennials including American Bistort, Marsh Marigold, Queen's Crown, Elephantella, American globe-flower, Shrubby Cinquefoil 000023 _.~ The existing houses and barn will be removed and these areas will be revegetated with an appropriate alpine meadow grass. mix and plant materials from the list above. In the fall of 2005, we completed a very successful restoration and revegetation of the adjacent Wille Parcel. We are enthusiastic about this project as it is a continuation of a larger revegetation effort focused on returning the river and riparian environments to their native state throughout the entire Mountain Queen property. As you may know, riparian ecosystems represent less than 1/2 % of the land in this part of Colorado, yet 80% of nesting birds use riparian ecosystems and 75 % of all native wildlife depend on riparian ecosystems at least for part of their life cycle. Please let us know if you have any questions on this plan. Sincerely, ~ / L ~ ~'~-pl/~ -. Sarah Chase Shaw Environmental Design and Landscape Architecture cc: David Finholm 000024 f,, ~--~-.~~ ~~~ ~~~ ................ PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff PHONE: 920-5093 DATE: 6/9/06 E-MAIL: suzannewCa~co.oitkin.co.us LOCATION: 300 McFarlane Gulch Rd APPLICANT: Henke Property LLC REPRESENTATIVE: Glenn Horn ZONE: AFR-10 PID#273729100006 EMAIL: ghorn@rof.net Type of Application: 1041 Hazard Review and Caretaker Dwelling Unit Description of ProjectlDevelopment: The Applicant is proposing to establish a building envelope within which to build a single family residence and a caretaker dwelling unit. There are two existing residences on the property, both of which are within the 100 year floodplain. Land Use Code Sections to be addressed in letter of request (application): - Section 3-60: Environmental & Aesthetic Standards. Not within mapped scenic overlay. - Section 3-80: 1041 Hazard Review • Floodplain: 100 year floodplain of Roaring Fork River • Wildlife: Within'/4 mile of elk winter range, critical habitat, severe winter range • Wildfire: Mapped low and moderate wildfire hazard • Geologic: Slopes in excess of 15% or 30%? Potential debris flow, rockfall, avalanche hazards? - Section 3-210: Special Review for CDU - Section 9-110-041: Growth Management Incentive for CDU ~~~ •~ - Section 9-110-052: Growth Management Exemption for replacement unit ~~``~ ~~ ~~ C~ ~~~ C(9'`~ ~ Staff will refer the application to the following agencies: East Aspen Caucus, Housing, Aspen Fire, DOW Review by: Hearing Officer. Public Hearing? YES. A public notice sign shall be posted on the property at least 15 days prior to the hearing pursuant to Section 4-90 of the Land Use Code. The Applicant shall mail notices to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (a copy of notice shall be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. The Applicant shall submit a copy of the adjacent property owners with the complete application. FEES: $3,128 (make check payable to "Pitkin County Treasurer") ^ $2,912 Planning Office flat fee (non-refundable; based on 13 hours of staff time; if staff review time exceeds 15.6 hours, the Applicant will be charged for additional time in excess of 13 hours at a rate of $224/hour) ^ $166 Housing ^ $50 Public Notice fee ^ $175/hour: Hearing Officer (to be billed after review is completed) . ~ OOOOZ5 ,--~" To apply, submit 6 copies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. Wildfire hazard rating from a County certified wildfire expert. 3. Geologic hazards report. 4. 24" x 36" Site Plan which complies with the provisions of Section 5-70-040 5. Proof of ownership of subject property 6. Parcel description, including legal description and vicinity map 7. Documentation of how and when the parcel was created (1 copy); 8. Documentation to demonstrate that the existing residences were legally created (1 copy); 9. Documentation of chain of title/non-merger of lands for the subject parcel and all adjacent parcels from title company or attorney (1 copy); 10. Documentation of adequate legal access to the parcel (1 copy); 11. Total fee for review of the application 12. Signed fee agreement (1 copy) 13. Consent from owner(s) to process application and authorizing the representative (1 copy) 14. List of all adjacent property owners and mineral estate owners (1 copy) 15. Copy of this preapp form (1 copy) NOTES: - PLEASE SUBMIT TWO-SIDED COPIES OF ALL APPLICATION MATERIALS (lF POSSIBLE). - 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 maybe required upon a complete review of the application. onoo~s X9/06/2005 19:19 3032162796 Il~t ror~ s~.w..rs~mar~ !hllW1LlOS3 w>es~rs~ September 6, 2005 Davis Horn, Inc. Attn: Glenn Horn 21 S South Monarch Sveet, Suite 1 Q4 Aspen, Colorado 81611 Evaluation far Onsite Wastewater System (OWSj 0300 McFarland Gulch Lam, Hinke Property Pitkin County, Colorado Mr. Horn, Project No. 1110 As requested, ALL SERVICE septic, LLC visited tb~e subject site in order to evaluate the cuzzent OWS conditions, and detenniae the feasibility of constructing an OWS to accommodate a new buildizrg. bio infox~anatiora on the current OWS was available at Pitkin County Health Departnnent. SITE CONDITIONS There are two existing zesidences and one barn at the subject site. It apptazs both structures are utilizing a septic tank located southi of the tnain~ driveway. The Roaring Fork River flows south and west of the properly. A well serves water to both stre:ctuzes. CONCLUSION The existing septic tank appears in pooz condition, and should be replaced if arty construction takes plane. The drain field court not be Located, although due to the age of the septic tank, and the probable age of the drain 5eld, it should be upgraded, if construction takes place. There is ample area to constrict an OWS to accommodate asingle-family residence oz equivalern at the subject site. ,A percolation tee and engineered OWS design is required by Pitldn County prior to canstniction Our investigation was based on the field investigation and date subnutted_ If conditions di~ezent fzorrt those described inn this report are encouotered, call our ofl'iice to discuss the situation. s;uncerely, ALL SERVI septic, LLC Timothy R. Petz, P'.G. 2 copies serif PETZ rwac u~ i C :.... .. ., ~D002~? ~~ HENKE PROPERTY Located off Hwy. 82 across Roaring Fork River, East Aspen PITKIN COUNTY, COLORADO Avalanche Hazard Report by Beat vonAllmen and Peter Lev Alpentech, Salt Lake City, Utah February 13, 2006 PITKIN COUNTY OVERVIEW Alpentech has been asked a number of times to evaluate avalanche hazard to Pitkin County and Aspen properties and has made a number of visits to Pitkin County over the years. Unlike many other areas of the mountain west Pitkin County and Aspen have seen a steady stream of avalanche consultants, avalanche hazard map makers, and disparate chroniclers of the local avalanche history. The result is a complex and sometimes conflicting picture of avalanche hazard potential. The Red and Blue Zone Avalanche Hazard Classification (Avalanche High Hazard Zone and Avalanche Moderate Hazard Zone respectively) and reliance on the Pitkin County Snow Avalanche Areas map (showing Historic Avalanche Areas and Potential Avalanche Areas respectively}* has provided the framework for evaluating avalanche hazard in Pitkin County. However, as more obscure land comes to real estate development, these traditional avalanche hazard classifications may not be sufficient for accurately describing the avalanche hazard. This new development land may be on or under steep slopes, yet there may still be a legitimate question whether or not there is avalanche hazard. There are some special considerations when evaluating Pitkin County terrain and snow climate. The first is the extreme variability from south-aspect slopes to north-aspect slopes. South-aspect slopes are typically covered in oak brush, sometimes as tall as six to ten feet, while the north-aspect terrain may be heavily forested in conifers and the "open" avalanche paths covered in a variety of "destruction" vegetation sometimes over six feet high. In either case the Pitkin County terrain which may be subject to avalanche hazard is clothed in natural cover and is not typically bare ground or grass, except at the highest elevations (or on the ski area runs). The second major consideration is the extreme variability of snow cover from south aspect to north aspect. South-facing slopes often have no snow cover at all, while north-facing slopes may have 1 to 4 feet of snow. The third major consideration is the variation in snow depth when comparing, for example, the relatively lower altitude and minor north aspect slopes adjacent to and above the town of Aspen (8000 feet) to the more seriously impacted development terrain in the County affected by avalanches originating at 10,000 feet or higher. The point is there is not a `one size fits all' for designating a particular terrain as an 00002. _.~..y ,,,.._.~ ,~ t° p.2 avalanche path. The traditional Red and Blue Zone classification is primarily based on the configuration and steepness. of a relatively bare slope (or at best, open trees), and the known avalanche history. The three considerations outlined above do not significantly come into play in the Red/Blue Zone classification, and this is a shortcoming. Yet some of the land coming to development, although either on or affected by steep terrain, lacks any obvious avalanche paths and lacks history. Therefore, ground cover must play an important role in determining potential avalanche hazard, as must the varying depth of snowcover (due to aspect and elevation).. It is therefore important to incorporate these considerations in any realistic avalanche hazard evaluation. Some of the terrain we have been asked to evaluate is adjacent to the town of Aspen, lower elevation and north-facing, very steep and covered in dense forest. Tree core samples at various locations show the oldest trees to be on average 6o years old. We judge this to be the time marker near the end of the mining days, a time when the slopes had been cleared of nearly every tree. We have no doubt that during the mining period avalanches did indeed occur on the de-nuded slopes. Today, however, we see little or no sign of avalanche activity on these slopes. In the European Alps, particularly in Switzerland, forests are planted and maintained to protect towns. Forests are a proven and highly regarded method of avalanche protection. This is as true in Pitkin County as in the Alps, although perhaps without the intention. Summing up, we are seeing some new development in Pitkin County taking place on terrain which does not appear to us to be either Red or Blue Avalanche Hazard Zone terrain, but rather a sort of `grey' zone somewhere between Blue (moderate avalanche hazard) and White Zone (no possibility of avalanches). Because of this situation, we are utilizing, as needed, an additional hazard classification, which we call the `Yellow Zone'. This Yellow Zone classification applies where the terrain is sufficiently steep and extensive to theoretically produce avalanches. However, the lack of snowcover, or the presence of a dense vegetation cover, and a lack of historical support for avalanche activity all indicate there to be no significant avalanche activity. The `Yellow' classification does not require impact studies necessary for building defense structures, or to special building codes, as would the Blue Zone classification. A conservative tilt to the above conclusion would take into account the possibility of 1) climate change producing much more snow, leading to, 2) loss of forest due to huge snowfalls and unusually large avalanches, and 3) as a separate threat, loss of protective forest due to bug infestation or fire. However, these possibilities are speculative and are not supported by the snow climate history of Pitkin County. * 1974 Colorado State University at Fort Collins, CO 000029 p.3 HENKE PROPERTY Located off Hwy. 82 across Roaring Fork River, East Aspen PITKIN COUNTY, COLORADO Avalanche Hazard Report by Beat vonAllmen and Peter Lev Alpentech, Salt Lake City, Utah February 13, 2006 Attachments: Topographic map showing our inspection route as black dash line. Henke property is indicated by solid red line. Addition topographic maps: slope steepness solar aspect hazard suitability Analysis: We walked the tower slopes of the subject property. This was an exception to our usual practice of reconnaissance of the entire terrain above a subject property. The primary factor which led to this decision to Limit our recon to the immediate adjacent terrain was the obvious extremely dense willow, aspen and conifer (trees 6U or more years old) cover on the hillside part of the subject property and covering the steep hillside directly above the property. The slopes above the property and up to about 9300 feet continue in very dense tree cover (at the 9000 foot level scattered clearings begin to develop). There is a bench at the 8700 foot level which breaks up the terrain continuity. Such intense density of vegetation indicates a lack of avalanche activity, at least in relatively recent times (60 plus years minimum). Further, we could observe no sign of even minor avalanche activity which would have been indicated by at least some broken branches and small clearings (potential small avalanche paths}. In addition, discussion with a 30-plus year residern living near the subject property, confirmed there to be no observed or known avalanche activity on the slopes above the subject property. This individual has a home in the Wildwood area and has considerable mountain and avalanche experience. Conclusion: Theoretically, if the slopes in question were bare ground or grass or low brush, then given ~0oo~3~a ~° ~~~~~ ~ p.4 the east-northeast aspect (permanent winter snow cover} of the steep (30 to 40 degrees} terrain directly above the subject property and below the bench, avalanches could be expected. However, the practical situation `on the ground' is that the slopes affecting the subject property are extremely densely covered in mostly conifer forest, and there is no known history of avalanche activity. Therefore, we recommend the Henke property be classified as Yellow Avalanche Hazard Zone (see Intro). This means, given current prevailing and historical conditions of dense forest and historical snowfall amounts, there is no significant avalanche hazard to the property. Further, in keeping with the Yellow Zone designation, there is no need for special avalanche impact studies or the building of special avalanche defenses. Should the forest be reduced or disappear (lack of care, fire or insect infestation}, then avalanches could become a concern. Further, should a significant change in the Aspen area snowfall pattern occur, bringing much larger and persistent snowfalls, then a significant avalanche hazard is likely. There is, however, no historical precedent for this scenario. 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A~e11~i+9r~t Preliminary: 1-5-06 ._ ~: ,, s- ~" ~:. ~ ~ ~ '~! ~~ ~+ ~i ,rya lk~OA ~t, \i ~4 ~. sir ~' ~&*tr 1 ~~ ~"~~ 1 ~~ ~,, ~~~ ~ ~ ~ m-~ ~ ~~ 15~~~~, ~ ~~~~~~4~~~:i'ffi~ { ,A".e.'1r"kryv~'u+ `^•.,. ~,,..'`''~ `/ de'' ~~ ~ x„ ` ~ 0 100 200 300 4p0 8p0 .~..~~ ~ cc-------- --` - Investigation route, 8-29-05 Approximate building outline ~'~ Approximate property outline ~y r •s..r ,...4C'~^"""R::b">Y.='eat`ia'~4R..^~21: PCr:~"V "9^.+:a1.re:.sC°FS.f/S."`'"G3.'+ +a:'&a+~..s ~~ 'i a _ ~ ~ ~,r''A r r. ,; ;, i I i r ~.~ .,-~ 1 SLOPE ACREAGE kACREaaH Avalanche Reconnoissance < 9% i ' 36.951 9-$~~ ~ Henke Propert 9% -15% 11-29 3.D0% y ~ 16% - 25% ~ ~ 26.23 7-00% located off Hwy. 82 across the Roaring Fork River ~ 26% -35% t ~ 24.35 ~ 6-50% Prepared for Davis Hom Inc. ~ 36% -45% t I 43.05 11.40% 215 S Monarch, X104, Rspen, CO 81611 ~ 46%-6o°k I ~ so-55~ 24.00% Peter Lev, Rvalanched Expert ~ 61% - 75% t l 101.83 27.00% and Beat vanAltmen, P.E. ~ 76 % -100 % > 100 % 40.81 ~ 5 ~ 10.80% Preliminary: 1-5-06 ~ z~ ^,:;'1 t lr o.ao% ~~ ~~ ~ r-- .~.---'' r s /' ~'a~ ~~ f ~i li'= , ~~, ,~ ` :,~ f.~' ~~ :' ~ ~ ff,~ /JJJJ, ,- r , ,~ S ~ ~ $u.vnr ~., f ~,.. ~~~ g:, ~ ~~ ~ ~ ' ~~ ~-, _ _ .. / s /11 C.,-- _~ _, j env `, .,`.Tii„ , r':: ~; ~'V _ /"• ~7 ,/~ 7 { t ~ .~ -!. ~_ ~ ~~ ni,~ ~ 1 z, .. ~ E ~. ~~~~~ } a ° ~i ~i F y ~` .r-~-~" r .; ~ y~`\ ~~~ ~` ~ ~~sl\ ~~ ~?i its :' ~. /ff 1a~ f fr ~- ~ 1, may. f ~y9e w. ~ ~ ~~ t~~; ~ i xP ~+ ~c.ar, x ~' ~ t ._ S ,. aoo zoo aoo 40~~,,, soo - __~ ~ i ~ i Investigation route, 8-29-05 Approximate building outline Approximate property outline ` ~~' / ~~~ ' ~~ \;Y t s ~ '~ ~~ ~ i << ., ~:;.~ ~ T ~, ,~ ~ ~ `~ Y ~, ~ -- !''`J t~~~ W' ,i IsouaR AsaECr ACREAGE °,60.CREAGE~ Avalanche Reconnaissance ' I N 126.731 34.20% Henke Property I NE 1 142.48 38.50% I Nw I 1 a.o31 1.to% located off Hwy. 82 across the Roaring Fork River I E I 1 42.11) 11.40% Prepared for Davis Hom Inc. I w _ ~ - 42.691 11:50% 215 S AAonarch, X104, Aspen, CO 81611 I SE f 1 4.351 ~~~~ 1.20% Peter Lev, Avalanched Expert SW 7.71 I l I 2.10% and Beat vonAllmen, P.E. I S I 1 6.461 1.70% A~)BnIE~! Preliminary: 1-5-06 T1 -w ~; ~r so Y I n se ~ ~ , /~ ems' °°i u/"^_...~ep `s' >K ^f6s'° _ ~.~~ y ~~`YY~ ~ 1 .,~ e i °~ ~ ,~ ' j .~.g'~"~. '~ ~ :: ~~~,o• ': x ~ xji> its 'A~ ~ ,~~~,~\` " ~' ~ ~ two ;ems - ~~.ar"~"`' "" n ~' j~ ~ ~'~~~ i I ~ , ; .e .~w~"~`'~i~' .. sue' ~ ~`- ~l ~ - I r t ~' ~ 'r r ti... ti `:.: ~ , ~1 ~ ` ' ~: , ., .. _. . ;.:... ,. , , ~ ,1 ~ ! e ~ ~ p ~ ~ -~ ~ ® t sae ~`. ~,m* \ p} r ..~q . 99 R ~. ~" r ~I „_ . ,~ .-.._.... ., _ r ;' ®~: A ~~~. ,, : - : . .~_~ _. r ~l r. - '~• zt. r ,.: . .,. ... V . ,:: =... ~: ~- _ ,. ... `. .. ~__ t ,F ...' I ~ ~, -= ~-^' _: ~/~ mow- ~.-': _ . ~,` % ~~. r r'" I f, 1 ~,~ ~~ " /~' !f , / I 0 100 200 300 40 ~~ 0 800 .u. a i~i~i . -~- Investigation route, 8-29-05 ~ Approximate building outline "~i Approximate property outline ~~ ~ I ,~ F B D ~ CheH rd A SU I' I LtTY acreS ~ ~ac l I highest I': ~ 7 I 2% high i;.yN: tiki:x~ is I a% moderate I -;.rl 33 ~ 9% fair ~ ~ 44 ~ 12 % I marginal I ~ 37 I 10% I I low I I 58 I 15% I I lowest I I 39 I 10 % I Avalanche Reconnaissance Henke Properly located off Hwy. 82 across the Roaring Fork River Prapared for Dav"s Horn Inc. 215 S Monarch, X104, Aspen, CO 81611 Peter Lev, Avalanched Expert ` and Beat vonAllmen, P.E \ .'~ Preliminary: 1-5-06 _---`'~ s~" I 0 100 200 300 400 BOD .'~ s I ~ u~~ ~~nu~ ~ ~~~ ~ t ~~~ ~ ~ i ~-' Investigation route, 8-29-05 _~ Approximate building outline ~. 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'~ ~ ,r3 ® I I Itlu~ ~ o~J I In ",F s~ V~LIII :,I Il~ul,ill c''~r~.~+y.,~.~ ~~ ~~ ~., i - __ _I Investigation route, 8-29-05 ~'{pproximate building outline _T ~ Hpproximate property outline y .: . jK ~ ~{, K > Y4 . t ~- . fY ,a '.I jg_ 4l 9T k s. 17t ~, t. C .~ - F, :. ¢,'~ ~`.. {' ,ah:n. ~° Mks a:>4'?L.._ (pF4.~~'f.a". , r.~~~ `° My }~S~a'~~Po1,6'1t-~ ¢~ ~~..~~ ,~, .~ ~o signs of snaw avaiches have been abservetl on the subject property and consequently no further investigations have been undertaken. t'.iYr~ " JS .d.. y'; :' A x~ t :1 fly .~~~'Wtl Y+ fi~ lr}¢¢ff`'~~l..` 5 4~f Y ~~~ ~ .j,)~AeY,x .S :~P'l~Or~ .. '/S i t~ J~~".,::+F ~Y ..-S:.n -.~'Ae.,~ s~n'n: .at'~. 'Y3+."_ vet":~'. i' '~-.aiµt. .... ~, y,. ..., r' a J PZS ~SN ~rl~ -~ ,~ .r'» ~-a J•„y'##[rn7t'r~ 1. +~ ~'` -I `~ i", n,. "'" u~r--s~s"`r'°~- 4tS~~ qty ty~, .~~"Ii'. ti; lrf~ ' .~ ' t ,.-, i~ ._ ~i, Via. '.+! ~ (~~ N t, ~ ,,3 f'~ ?i : i Ya {~' ' ~~ ~~'`'"f'"~~ i ~ 4t~~~k" J t t ~'~® 'c,~C:k c,_~~' c ~ ;h~ k -~ s 9,~ ~ Z ~'~ ed' ,d~ .>'b, .i~. rr ~. ~'2. f~ °~ `~" j$°' ~ Aa n~ tai'"~' § r A[i A. b ~. .f.. a ilr a °", r~'_ y ~ifv~' rah _,, u,.,... .... _ n: ....... .«.. Avalanche Reconnaissance ~let~k~ ~~operty located off Hwy. 82 across the Roaring Fork River Prepared for Davie Horn Inc. 215 S Monarch, {104, Aspen, CO 81611 Peter Lev, Avalanched Expert and Beat vonAllmen, P.E. A1PenefACh Preliminary: 1-5-06 `~' ~ :«~~ /' Yeh and Associates, Inc. Geotechnical Engineering Consultants 5700 E. Evans Avenue 0170 Mel Ray Road Denver, CO 80222 Glenwood Springs, CO 81601 Tel.: (303) 781-9590 Tel: (970) 384-1500 Fax: (303)781-9583 Fax: (970)384-1501 June 27, 2006 Mr. Glenn Horn Davis Horn, Inc. 215 S. Monarch, Suite 104 Project 25-151 Aspen, Colorado 81611 Subject: Geological Hazard Evaluation, Henke Property, McFarlane Gulch, Pitkin County, Colorado Dear Mr. Horn, This letter presents the results of Yeh and Associates, Inc. geological hazards evaluation for the subject property. This evaluation is intended to provide an assessment of the geological hazards for a residential property in support of a 1041 review by Pitkin County. This evaluation consisted of field reconnaissance and review of existing literature based on Section 3-80-050 Geologic Hazard Areas, Sections B-J of the Pitkin County Land Use Code. This evaluation does not include assessment of avalanche hazard. INVESTIGATION AND SITE CONDITIONS Our investigation consisted of site visits on September 6 and 20, 2005 and review of four map sets, the "Geologic Map of the Leadville 1° x 2° Quadrangle, Northwestern Colorado" by Ogden Tweto, U.S. Geological Survey, the "Geologic map of the Aspen quadrangle, Pitkin County, Colorado" and "Map showing areas of selected potential geologic hazards in the Aspen quadrangle, Pitkin County, Colorado" prepared by Bruce Bryant, U.S. Geological Survey, "Roaring Fork and Crystal Valleys-an Environmental and Engineering Geology Study" by the Colorado Geological Survey and review of U.S. Geological Survey Bulletin 1603, "The Geologic Story of the Aspen Region" by Bruce Bryant and Peter Martin. We also received GIS data from the county. The property is located on the lower slopes of the east side of Richmond Hill at an elevation of 8050 to 8250 feet. It is approximately 3 miles southeast of Aspen and west of Highway 82 in the Roaring Fork River valley. The east half of the parcel consists of open tree cover and grassy areas. The terrain is flat with a high, fluctuating ground water table and is located below the 100 year flood boundary. FEMA map #08097C0878C of Pitkin County, dated June 4, 1987, shows the east edge of the site in Zone AE, a 100-year flood hazard area with base flood elevations of 8038 feet. It is an alluvial .gravel deposit from the Roaring Fork River. There are several existing structures located on this area of the parcel. oooo3a ~. ~ , ~: Henke Property, McFarland Gulch, Geological Hazards Evaluation 25-151 The southwestern corner of the property above the proposed building envelope consists of glacial moraine deposits consisting of poorly sorted sediment ranging in size from silt to subrounded boulders. This steep part of the property has grades up to 75% and is heavily vegetated with native shrubs, aspen and conifer trees. Angular to sub-rounded boulders 1 to 5 feet in diameter are found on the slopes and embedded in the vegetated areas. Near the western edge of the property there is a narrow, 2 to 5 foot wide bench which traverses the slope. The bench appears to be man made and appears to have been there for many years. Just above the bench, occasional, bedrock outcrops are exposed by the cut slope. Below the bench on the south and at the north end of the site are talus slopes of angular to subangular granite boulders from 1 to 3 feet in diameter. The talus blocks are covered with lichens and moss and are weathered. In the area between the 100 year flood boundary and the base of the steep western side of the lot, including the planned building envelope, there is heavy vegetation consisting of native shrubs, aspen and conifer trees. The slopes range in grade from 20 to 25%. The slopes in this area appear to be formed by debris flow or debris flood deposits, which are composed of poorly sorted material ranging in size from silt to boulders. RESULTS AND CONCLUSIONS The site is identified on the aforementioned maps as being exposed to possible geological hazards including potentially unstable slopes, rock fall, flooding and high water table. The proposed building envelope is located at the base of a large, steep mountain. Surface water flows and redistribution of soil and rock from the hillside should be considered during the development of this site. During our site visit to the steepest, western side of the lot we observed mature trees and well established undergrowth. The boulders exposed in the soil slopes and talus slopes were lichen covered and embedded and appeared to be generally stable. Rock fall from the talus slopes could occur from the movement of small boulders, saturation by rainfall, snowmelt, frost wedging or from the dislocation of rocks from people or wildlife. Most of the rocks in the slope appear to have dislodged from rock outcrops farther up the hillside. Rock fall events from the hillside above the lot or from within the lot are likely to impact the site during the service life of most proposed structures. Rock fall mitigation should be considered during the site grading and structure design. The proposed building envelope is located on the lower part of a debris fan. There are large aspen and conifers and well developed undergrowth, however the recurrence interval of the debris events is probably less than the service life of the proposed structure. Debris flow mitigation should be considered during the site grading and structure design. Mitigation for rock fall and debris flows and floods is recommended for this site. The site will have technical challenges with respect to rock fall and debris flow mitigation, which should be resolved during the geotechnical investigation, site engineering and structure design. The geological hazards which may impact this site can be mitigated. Site grading, reinforced foundation walls, earth berms, walls, fences or a combination of these techniques are all possible solutions. 2 00039 r,~~ ~~~~,~ :~ :~ ~' Henke Property, McFarland Gulch, Geological Hazards Evaluation 25-151 LIMITATIONS. This report has been prepared in accordance with generally accepted geological practices in this area for use by the client for preliminary planning purposes. The preliminary conclusions and recommendations submitted in this report are based upon data obtained from the observations made in the field and a background review. The findings and recommendations given in this report are site-specific, and are valid for the aforementioned subject property only. Sincerely, Yeh and Associates, Inc. 1 `Rhtcjel Pihl" ~` Roger A. Pihl P.G., (WY #PG-3353) Principal Scientist 3 oooo4a Parcel N/lultiple Search Results http://wvwv.pitkinassessor.org/assessor/ParcelMultipleRes.. ~.. Pitkin County Assessor/Treasurer Search Results Assessor/Treasurer Property Search ~ Assessor Subset Query ~ Assessor Sales Search Clerk & Recorder Reception Search Owner Name Search The following parcels were selected. The records are sorted by Owner Name. To display detail information for a selected parcel, click on the respective Account Number. Account Number Parcel Number Physical Address R003441 ' 273729100006 300 MCFARLANE GULCH RD ASPEN 1 of3 40004; Owner Name IN SEC 29-10-84 BEG AT A PT WH THE E4 COR OF SEC 29-10-84 W BEARS S , 210.67 FT AND EAST A DISTANCE OF 870.00 FT RUNNING TH N FOR A DISTANCE OF 238.29 FT TH E FOR A DISTANCE OF 333.38 FT TH S 19 DEG 2T FOR A DIST OF 166.20 FT THENCE 6/30/2006 11:21 AN Parcel ~Wlultiple Search Results http://www.pitkinassessor.org/assessor/ParcelMultipleRes.. 22 DEG 11 MIN EAST FOR A DISTANCE OF 82.10 FEET SAID PARCEL ''CONY 2.058 AC M/L BK 246 PG 452 :ABOVE DESCRIPTION IN SEC 29-10-84 BK 274 PG 71 FROM MARY CARVER WILKINSON A TRACT OF LAND IN LOT 8 SEC 29-10-84 DESC BY M/B BK 322 PG 134A FOLLOWING ACCEPTANCE OF THE HARPIN SURVEY AS OF FEBRUARY 1981 CONT11.963 AC M/L 1 Record(s) Displayed. Top of Pale Assessor Database Search Options ( Treasurer Database Search Options Clerk & Recorder Database Search Options Pitkin County Home Pale The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. 000042 .• 2 of 3 6/30/2006 11:21 AP Parcel ~Jetail httpa/www.pitknassessor.org/assessor/Parcel.asp?Accou. _ _ ~: t Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search ~ Assessor Subset Query ~ Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics ~ Tax Information Parcel Detail ~ Value Detail ~ Sales Detail ~ Residential/Commercial Improvement Detail Land Detail ~ Photographs Tax Account !parcel Number ~ Mill Area ~ Number !, Levy 055 ' R003441 273729100006 26.795 Owner Name and Address Legal Description 1 of 5 ~ 0 ~~ 4 3 6/30/2006 11:21 Ali Parcel Detail http://www.pitkinassessor. org/assessor/Parcel. asp?Accou. {~ y,~ 5 Location Section ~ Township Range 29 10 84 Property Tax Valuation Information _ _ _ _ __ Actual Value ' Assessed Value Land: ' 2,000,000 159,200 2 of 5 000044. 6/30/2006 11:21 p Parcel Detail http://www.pitkinassessor. org/assessor/Parcel. asp?Accou. ._ _...._ __ . _ ~ ' 1 .. _ Improvements: 778,400 ~Y~~~`~ __ ~ -.-~-_--. Total: 2,778,400 221,160 _ _ _ __ _ Sale Date: 9/22/2005 Sale Price: '4,600,000 Basic Building Characteristics _. Number of Residential 2 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics UNFINISHEI GARAGE: FIRST FLOOR: Total Heated Area: Property Class: _ ... _.. Actual Year Built: Effective Year Built: -.-- .. _. Last Remodel: Bedrooms: Baths: Quality of Construction: Exterior Wall: Interior Wall: Floor: Heat Type: ~ ;1,008 2,977 -- ..... 2,977 i SINGLE FAM RES-IMPROVEMEN 1975 ___ '1981 '0 _ ... _ ... i2 ~2 _ _... _.. ._ GOOD T 12 _ ...__. 'WOOD SD GO ,DRYWALL __ _ ._. CARPET HT WTR B/B 3 of 5 ~ ~ ~ ~ 4 GJ 6/30/2006 11:21 AM Parcel Detail http://www.pitkinassessor. org/assessor/Parcel. asp?Accou.. Tax Information 2000 2000 2001 2001 2002 2002 2003 2003 2004 2004 2005 2005 Transaction Type Tax Amount Tax Payment: Whole Tax Abatement -- __. Tax Refund Tax Amount ___ __ . Tax Payment: Whole __ _ _. . Tax Amount Tax Payment: Whole Tax Amount _. _ . Tax Payment. Whole Tax Amount Tax Payment: Whole Tax Amount Tax Payment: Whole Tax Amount .... _ _ _ Tax Payment: Whole Tax Amount Tax Payment: Whole Tax Amount -- ._ __ __ Tax Payment: Whole Amount __. .. ___ $3,934.36 _. ($3,934.36) __ _ . ($393.54) $393.54 __ _ $3,483.02 ($3,483.02) __. .. $4,505.62 ($4,505.62) $5,301.38 .. . ($5,301.38) $5,802.84 ($5,802.84) ...__.$5,798.46 _.. ($5,798.46) $5,213.12 __. ($5,213.12) _ .. .. $5,286.70 __.($5,286.70) $5,925.98 .__. ($5,925.98) 4 of 5 O Q Q U (~ 6 6/30/2006 11:21 AI\ ,.. _. , ~„~ 4 ~, n .,. „ 1 i : 1970 CE4~2 ~ ` 246 P .•• . ,, . A , BO~K "~ ed for record at 1.50 0' clock' PM"7ariuary 28 Lt11 ~ pe$gy,, g. Miklich R'e'corder R;~ ~~ , 1 ~• ; : Rec2ptibn Rio. '13912A ° ~ ..ST;.7~E AC(~CL ;e~.ThFY FEE ~ ,." ~~ t ` ~" ~ '` -_ ~ of January in the year of our 1Ard TI III DI'FU, made this 13th day ~ ' wltti ~. t z, ~'~, ~ t ' ~ ~ ~ McLA(JCIiL,1N of the ed and seventy between STUACfP 41. d ~ ~ ~:: ` si lL ~~ ~',~, 4~ ~, r :n~ne~hun ~ 'one thousand art, and DAtd:CEL J. rst P f the fS ~ ~ as . ~- ~~ty of Ri:o Blanco and State of Colorado, o ~~ 'execs r ~ ~ the County of Firkin, State of Colorado, of the second Pte: ~: D / (}I3F of L 'with ~~"' '~ .. p,~ p ~ , of the first pant, for and in con- t the said party th tune - ~ a 4tLTNf~SSEi73, luable consideration, ' ~~~ ~'sideration~-tif the sun of Ten Dollars ($10.00) and other va d P~ ~ ~ fit" aid b the said party of the secon the first part in hand p y ` of ~t " E7 ~ esta . said p Y " to the, ~~_~ ~ fessed and aclcnowledged~ has•pranted, ~ , ~ " ~~ P~~; the Teceipt whereof is hereby con and ~~4; ~~~ ant barpa3n, sell, these re~enta doesF;r , sold and conveyed, and by P ~ned ' _.. four ,~. . b~a , firm unto the said party of the second part, his heirs and assi~s ` ~ ' ~ gr~r' ~ '~ convey'. and con t"' r; o described n=.ix~cels of land, s~.tuate, lying and being ll the follcxain~, ' ~ -, ]<ist ~y ~ r >s forrever, a d State of Colorado, to-wit: r, 3`: 1n the County of Firkin an ,tare ~ ~'~z ~ at a point whence the Past quarter corner. of. Section 29, ~ Be .;inning 84 Flest of the ^.i.xth P. tR. bears South ~' ~ . ~' exec Y 1?. T~,,ns}li_p LO outh, anf'a thence Diorth 67 feet a»d East a distance of 870.00 feet; running ~38 ` 210 r ~ . and r: . for a distanc das~ance of 1E6320 fe27~m ~Fastafor ~ ~ 2 ~~ ,~`_` dec 19 South '' '•; feet; thence Fast for a distance of 8:2.10 feet; . 11 min ass: a~•~' ~~ . feet, thence South 22 de]?. e West for a distance of 421.98 feet to the place of beginning;; h , ~ - the ,- ~~s ! enc t said parcel containing' ?.•058 acres, mere or. .leas. - ~ ~~ . t F': i ~ :CldCL[JDII.1G therein a ncan-exclusive easement for inE*.r. ess and ntaf'~'s 82 o t nt t0 run frcan 131.P.k~ .I '~' ~~*A~ ~ r' # W1 Ll~ a i - (., ': Sa1.d ec1SEi service the subject property; '~` Dint situated Aortherly of, the said parcel whence an existing; ~ the said alone c t th , t°, : .. en a p a road bed intersects with the said ;I:i.aJ~or~~r 82, Dint o-rhence utherly c?irecti.rm to a p S 5 ,,, 'his ex ~'~ , o existing road hed in a t~anerally tuatecl ncwr terminates, said point s naa si h d ~ t;;y r . a e t}tn sii_d e~:istin~; road ~':<:i <7.00) feet tlorth~rl~r of, the subject two hundx 7 ~ . ,, ; lee ~,~~' '~~"~ w . ~? being appro:cimatc: rand on the ),:~•,terly b~-ind of the Roar.?.ng For1c Paver, thence b r and bettae~.n the erlZ ro ~, •" rep ; d`~.~ ~ v p p Fd u on following the course to he mutually a.f;z~ - p 5 Ri across the lu+ar. ing For]c ll t i s r , -~ ~ } N • .'~ re D er n po }?urrhaser and Se ction to a thence roceedi.np in a Southern direction, P• f the said parcel; and i ~M"~-, Pa ~ ?~ ne o intersecting the Northerly :L ~ r ' ' Doi ~ G ~~~ F~CCFP'L'tDIG, thercfrorn anon-exclusive ri.c~ht-of-way :For. ins~ess and to ~~• l l ~ '} K~~ ~]sl ~~~, . er 1?oaring; ecress t~ a l.pt of the hanlc tP andLbeing?~on thecS^'F'.nterlr • ~`" s~ r n the sub~..et pxn„ 1 Fork River anct bein.n, desnr. ilaed as Lot ~d-1-(~' and ec-ntaining 2.059 oss and over the said c;r - do ' ; . acres mere or less ; said r. i.PJ~t-of-~~Iay to run a int on the 1•?ortherly hrnandary lies of the th r• • par. eel bnt?inning at a po creel and 1'dCP,P.C]ing alone a course: in a aP.neral7;~ southerly line of the said parcel; d p P• sa~ d ~, - ,: . ary Southerly houn direction to a point on the tween Purc]~aser and Seller. , b I e said course to be mutt~a.lly armed upon rfere with the btv.].alir-{? site anon the subject propert}r t i , t ''• de it e n but not to to be chosen by Purchaser.. ~ ' ' ~ lac. the hereditaments and appurtenances );TIiF12 with all and si.nPu TOC `~ 3 st ~, ~` ., in anywise apper. tainin~;, and the reversion and revex'sions, i ~ ,' ~-~ r, or ng, I thereunto belong s rand profits thereof; and ali the estate, i ~ ~ ~ ~ ssue ner and remainers, rents, remai 3 y~. , of the interest, claim and demand whatsoever of the said Party , i title ,~t,. i , in and to the above bargained premises, of e uitY l "< } , 4 , aw or first'.part,. either in ~ ~ """~~'; with the }ieredifiaments and appurtenancea. i~~, :" .$ ~ i, i i J ~, i 1 1 -'Y. r I tanoe of tail-16 deed-does hereby covenant and agree to perform xnd~ f~; Ce c i p . s a by h to abide by such terns and conditions. _ +t7 !' NESS W!-iEREOF' the said. party of-'the first :parr has herzunto se~" ~~}} ~u~;;l II4 WZ7 . .. ~ 1~ ~ , ~'4t!?:: year first above wrr~.itten. d seal 'the day and v~ , his hand an ~ ~ • •~ •~: `~ :+. i .ds • ~j ` k ,~' ~ ~- 1 1 i ~ ~ ~ sTa1TF: of cn~~o ) ,, ; . ~ ` CWAI'i'~' Of RIO BLADICO) 1:, aun' stnunent was acicnciwledped before me, this 13t1i day , ~i~, 9 i n ng The forego 4 ~ ~~ is~o b sTU~.T ca. rs~r~ucxt,,~. • of January, ~ Y ~~;as 47itness my hand and official sear.. , S ~rl~!'hKg. •~ ~~ J ,G ~,~~ flfy ccarnni.ssion expires t 4/7/'70; ~ ~ ~~, ~' ` ~'~ ~,Cr 1,~ ~s ; ~ ~ ` u ° ~ r~\ S ~, + {~ ' , y t 7 'n-C-C- ~ y~1~'="I ~~ ~ ,~~ o , ~ ~~~ ~°~ -. ~~ ~ :tom ~ '~~""'~' ~ I ~~~~... ~~ ,~ ' ~ ~ 7 ~~~/~i j 1~ ` ~:y~„ 9$'~h+'il~~a ~ ~I L "~'i'-ri`~ C -~' l c ~ l + - N ~. n11111~ ~ s~',,~ .~. y Yub. r~o Cax rr~ 4 " ~ `~ +ff 4~' nf, i + 1 ~,i E , y y 1 -J }~'kfiF pii't C"~Y . ., .. . ~ :I i( Nur v,A~ ,,u.;i~' ~'~2~h~: R : '~ .... +nl ~ ~ g f i:$f lE 3`Skl ¢~~ ~~-1 ~~ ~~ti r !li rJ•'.~i t ~ ~~ t i ~ t'~r~ G •4ti! 1 ~ 1 Lan'. +~,'2 1. .. ...,. > "i 4., ~ ~ j 7~~// 3.. ... ~, ~+ ,,. ~, 040049 .. ~.,. DAVIS HORN __.._..~E 03/03 05/10/2006 03:33 9709255180 ' PITKIN COUNTY COMMUNITY DEVELOP;lZEIVT DEPAR`T`MENT AGREEMENT FOR PAXMENT (~F LAND t3SE AJ~PLrCATIC~N ~`EES PITKlN COUNTY (hereinafter "COUNTY") and ~ 1~~r'~_~'~-~-- ~~~`-Q t~'~~ ~~'~-- ...~ - (hereinafter "APPLICANT")AGREE AS FOLLOWS: ~. APPt.lCANT has submitted to COUNTY an application for ~t~~-'l ~ hereinafter, the "PROJECT" . 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 0~8-2a04 establishes a fee structure for land use applications and~the payment of ail processing fees is a condition precedent to a determination of application completeness. The fee structure is based an the COUNTY'S policy that development shall pay, in full, the cost of development review in the CQUNTY. Fees have been set to be consistent and fair to tfite 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, ApPI.ICANT and CQUNTY 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. b, CQUNTY 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 andJor Board of County Commissioners to make regally required findings for project approval, unless current billings are paid in full prior to decision. g. ~`herefore, APPLICANT agrees that in consideration of the Ct~UNTY'S waiver of its right tv collect furl fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $~'?~ ~ i 2 ~._,_. which is loosed on hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20°/a, then the COUNTY will bill the APPt_1CANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued casts shall be grounds far suspension of processing. PITKIN COUNTY ~~ ~`~ ~~Ut~ i ~~ ~ ~ ~ . "APPLICANT"y _-~ g ~~'C" ~„ ~ ~~ ~ e , ~ ct matte ~ ~/' Cindy Houben ~ 1 ' Community ©eveicspment Director - Print N2~me antE Titre {if applicable Date: ~ ! ~- ~ ~ v ~° M~`a~'tling Address: ~'/~ O„ ~~ ~~-~'~''4~``'`;'`,~~~'~je"~ M ~" ,~ ~ - ~ lv ~.~ ~1105~ ~ .-~ ~, ,~ 05/10/2006 03:33 June 29, 2006 9709255180 ~ ~'r,( DAVIS HORN Suzanne Wolt't' AICP Pitkin Couzaty Commuxxzty Development Department 130 South Galena Street Aspen, Coloxado 81611, Re: Henke Holdings LLC - 1Q4~ l/nviro~~naental Haz$xd Revxerv Dear Suzanne: PAGE 02/03 This letter authozizes Davis Horn Incoxporatecl to prepare a land use application for the Henke '°°~ Haidings LLC and represent the LLC izi the Pitkiz~. County land use review process. Flease cozztact me if you have any questions. r ~'~ Sincexely, ~ _- ~~, ~ Peter )?oole, Managez' Henke Pzoperty Holdings LLC Wo1ff.Hez~ke QOQU~1 Davis Horn~• PLANNING & REAL ESTATE CONSULTING July 5, 2006 Suzanne Wolff AICP Pitkin County Community Development 130 South Galena Street Aspen, Colorado 81611 Re: Henke Property LLC Adjacent Property Owner List Dear Suzanne: Attached to this letter is a copy of the Henke Property LLC Adjacent Property Owner List. I mistakenly forgot to include the list in the land use application. Sincerely, DAVIS HORN INCORPORATED GL N HORN AICP 0 0 0 ~ ~~ y ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX: 970/925-5180 adavis@rof.net ghorn@rof.net WILLE ANDRE COLO BOYLES EDGAR A III & ELIZABETH MOUNTAIN QUEEN INC C/O ANDRE WILLE HOLEKAMP 215 S MONARCH STE 101 290 MCFARLAND LN 266 WILDWOOD LN ASPEN, CO 81611 ASPEN, CO 81611-2822 ASPEN, CO 81611 R004010 R004013 R003191 WILDWOOD HOLDINGS LTD 730 NW 107TH AVE STE 117 MIAMI, FL 33172-3104 R004337 00003 J W U Q a 0 w ~ ~ w J~ p Z p ~ W U j 0 0 ~I ~I U ~ Q Q Q Q U Oa.. N O ~ ~ ~ ~ ® ~ l~ M y O~ Z~ r •~ I PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on April 17, 2007,. the Hearing Officer of Pitkin County granted approval for the Henke Property LLC 1041 Hazard Review and Caretaker Dwelling Unit (Determination No, 13-2007; Case No, P 180=06). The property is located at 300 McFarlane Gulch Road and is .legally described as a tract in Section 29, Township 10, Range 84 West of the. 6th P.M. The State Parcel Identification Number for the property is 2737- 291-00-006. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. s/James True Hearing Officer Pitkin County, Colorado Published in the Ashen Times Weekly, on May 6, 2007. PUBLIC NOTICE ..,~' RE: Henke Property LLC 1041 Hazard Review and Caretaker Dwelling Unit (CASE P180-06) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 20, 2007 to begin at 3:00 P.M., or as soon thereafter as the conduct of business allows, at the First Floor Meeting Room of the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Hearing Officer, to consider an application submitted by Henke Property LLC (PO Box 765, Road Town Tortola, British Virgin Islands) to establish a building envelope within which to construct a new residence and a caretaker dwelling unit. The property is located at 300 McFarlane Gulch Road and is legally described as a tract. in Section 29, Township 10, Range 84 West of the 6th P.M. The State Parcel Identification Number for the property is 2'737-291-00-006. The application is .available for public inspection in the Community Development Department, City Hall, 1.30 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970) 920-5.093. s/James True Pitkin County Hearing Officer Published in The Aspen Times Weekly on January 14, 2007. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and. mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice (Code Section 2-20-100) by Posting & 1VIailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing.. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CQ (970) 920-5526 4. Post the Public Notice sign on -the property at least fifteen. days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date <'"' PITKIN COUNTY COMMUNITY DEVELOPMENT L~PARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 July 25, 2006 Mr. Glenn Horn 215 South Monarch Street Suite 104 Aspen, CO 81611 Re: Henke Property LLC 1041 Hazard Review and Caretaker Dwelling Unit (PID 2737-291-00-006; Case p180-06) Dear Mr. Horn: 'The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application 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. At this time please submit an additional $409 for Natural Resource Fee and we are requesting one full application for an additional referral. We have scheduled this application for review at a public hearing by the Pitkin County Hearing Officer on Tuesday, February 20, 2007, at a meeting to begin at 3:00 p.m. in the Pitkin County Courthouse Conference Room, 506 East Main Street, Aspen, Colorado. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please be aware that the Hearing Officer will be billed at $175 per hour. Please note that it is your responsibility to post a public notice sign on the property at least 15 days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit (Code Section 4-90) PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: East of Aspen Caucus Environmental Health & Natural Resources Aspen Fire Department Colorado Division of Wildlife Colorado Geological Survey FROM: Suzanne Wolff, Community Development Department ~~ Henke Property LLC 1041 Hazard Review and Caretaker Dwelling Unit, (PID 2737-291-00-006; & Case P180-06) DATE: July 25, 2006 Attached for your review and comments are materials for an application submitted by Henke Property LLC. The Pitkin County Hearing Officer will review the application on Tuesday, February 20, 2007. Please return your comments to me by Friday, February 2, 2007. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you.' Aspen Fire Protection District 420 East Hopkins Avenue Aspen, CO 81611 970-92rr2690 Memo To: Suzanne Wolff, Community Development Department From: Ed Van Walraven, Fire Marshal CC: Date: January 30, 2007 Re: Henke Property PID # 2737-291-00-006; Case P180-06 Suzanne, 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 have the applicant contact the Fire Marshal's Office for specifications on the above requirements. Thank you, Ed MENtt~R~4~1DUM 'I O: ~UZanne 1%HOITI'. Ylannlna UeDartment From: Warren Rider. Pitkin Countv Environmental Health & Natural Resources Department Date: Anri111.2007 Re: Henke Proaertv LLC 1041 Environmental Hazard Review. Caretaker Dwelling Unit and Vesting of Progerty_ Rio_hts. Case #P180-06 Parcel I D # 2737-291-00-006 SUMMARY OF RELEVANT PARTS OF APPLICATION: Applicant requests approval of an activity envelope for a stream restoration ana fish habitat improvement project. The Pitkin Countv Environmental Health & Natural Resources Department has reviewed the details of the Henke Property LLC application under the authority of the Pitkin Countv Land Use Code and has the fioiiowing comments. WATE-R RE-SOURCES IMPACTS: 2-'140: Applicant proposes an activity envelope to restore and enhance the Roaring Fork River fishery and streambank. Applicant's proposal to tie work into previously conducted stream restoration work directly downstream of the proposed activity envelope would be a great synthesis of two projects to return the Roaring Fork river and its riparian areas to more natural and functional conditions, offering shade and habitat diversity within and around the river. Applicant's proposed design does appear to improve structure within the Roaring Fork River in terms of average depths, drop pool structures and riffles, and has the potential to increase bank stability and trout habitat quality in the long term. Applicant's proposal briefly mentions erosion control for the project site. Disturbances under one acre will require review and approval of a Pitkin County Drainage and Erosion Control Plan to address potential sediment #ransport from the work area. Disturbances in excess of one acre will be required to obtain permit coverage from the State of Colorado Stormwater Program (thereafter, applicant must submit a copy of its State permit and plan to Pitkin County in lieu of the Drainage and Erosion Control Plan requirement). The foregoing requirements must be satisfied prior to commencement of any earthmoving on the property. Applicant's proposal also men#ions placement ofi the sewage disposal system within the 100- year floodplain. While the applicant is proposing the removal of structures previously constructed within the 100-year floodplain, the potential impacts of sewage disposal systems on groundwater (and surface water) quality are also problematic, and siting of the onsite Printed on Recycled Pacer wastewater treatment system should occur elsewhere. Proximity to aroundweter is also typically very problematic for functioning of these systems. Applicant's proposal did not address the issue of the multiple ownership of the proposed activity envelope; this should be addressed before work is commenced. Applicant should not be allowed to proceed with the work proposed until documentation has been provided that demonstrates that the project has the consent of all property owners and will be completed as presented, on all separately owned parcels of land. Cori~tpleting ona~,~,YY one area of the project (Henke Parcel) could potentially cause harm to the river, exacerba~fing the current degraded conditions. Completion of only portions of the project could result,in bank destabilization on neighboring properties. The project should therefore be carried opt as a one time reconstruction. Applicant proposes work within the 100-year floodplain but has not yet submitted an application for a Floodplain Development Permit with Pitkin County. Prior to commencement of this work, this permit will have to be obtained from the Pitkin County Natural Resource Specialist. rrintea on iteevded Yaner STATE OF COLORADO Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLY E AtJ EQUAL ORPORTUNITY EMPLOYER ': ". ~ - ,, ;. Bruce McCloskey, Director 6060 Broadway Denver; "Colorado- 80216 r- Telephone: (303)297-1192 August 17, 2006 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 IMF: Henke Property LLC 1041. Dear Suzanne: Fdr Wildlife- ForPeople The proposed building envelopes for the Henke property do not lie within any mapped big game winter range areas; however, upon site inspection evidence of winter range use was observed (droppings, browsing). Mapped elk winter range and severe winter range lie above the proposed homesite on Richmond Hill. The proposed homesite area is probably used more during transitional periods when snow depth is less. The building envelopes do lie within a black bear fall concentration area and human conflict area. Human-bear conflicts have been significant in this area in the past. The building proposal states that the existing homes and barn which lie within the 100 year floodplain will be . " removed and the. area reclaimed to riparian floodplain habitat. This will be beneficial to a wide variety of wildlife species as well as benefit the riparian and floodplain functions along the Roaring Fork River. It will be important that as the reclamation progresses that it be allowed to grow and mature into a functional habitat with no alterations, grazing, or grooming of vegetation. The site plan contains what appears to be three separate building envelopes but does not state what is to be built in each envelope. The area in which they are building is currently a fairly undisturbed natural habitat with aspens, spruce-fir, and mountain shrubs. There is evidence that it receives a fair amount of wildlife use by elk, bear, and a variety of smaller mammals and birds. Construction of a home and caretaker dwelling unit would be best located in the northern envelope, adjacent to an existing home and disturbance, in order to minimize loss and disturbance of the native habitat. If the southern most envelope is to used for a barn site, it would be best to remodel the existing barn located adjacent to the driveway and road and not demolish it. This would help reduce loss of native habitat while allow for a barn in an existing disturbed location. Loose or uncontrolled dogs can have a significant impact to big game and other wildlife species through direct and indirect mortality, increased stress, and displacement to less preferred ranges. Control of dogs is vital to minimize impacts to wildlife when living in such close proximity to important winter range and riparian habitats. The following recommendations will help minimize impacts to wildlife and minimize human-wildlife conflicts: 1. construction of primary home and caretaker dwelling unit should be located within the northern most envelope with the caretaker dwelling unit attached 2. there should be no disturbance/loss to the mapped marsh within the access/utility envelope. Silt fencing should be installed around the marsh to prevent sedimentation into the marsh during construction 3. horse grazing should be kept west of McFarland Gulch Road but out of the mapped marsh area DEPARTMENT OF NATURAL RESOURCES, Russell George, Executive Director WILDLIFE COMMISSION, Jeffrey Crawford, Chair • Tom Burke, Vice Chair • Claire O'Neal, Secretary Members, Robert Bray • Brad Coors • Ride Enstrom • Richard Ray .James McAnally .Ken Torres Ex Officio Members, Russell George and Don Ament 4. riparian restoration plan should be implemented 5. all new and existing fencing should meet the fence code for wildlife friendly fencing 6. horse hay should be fenced with 8' mesh game proof fence in order to minimize game damage problems 7. native vegetation outside the building envelope should be maintained 8: a weed management plan should be implemented for the restoration area, access/utility envelope, and any other disturbed sites. 9. construction workers should not be allowed to bring dogs on site as the Division has had problems with dogs brought to construction sites chasing wildlife 10. trash garbage should be kept in an approved bear resistant container 11. round handled door knobs should be used for all outside doors instead of lever handles in order to minimize a bears ability to gain entry 12. nut, beny, or fruit producing trees or shrubs should not be used in any landscaping in order to minimize an attraction for bears 13. bird feeders should be discouraged from April 1 -December 15; if feeders are used they should be hung away from all decks and windows, be hung at least 10' from the ground, and suspended between 2 ~'e~s.:gl?.seed feeders should have a sped catchment pan to catch c3.iscarded seed. 14. compost piles should contain yard waste only and no food products 15. horse grains, pellets, cookies, etc. should be kept in a bear resistant container Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright at 947- 2920, ext 2938. Sincerel , Gt./ticJ Pe ill Ar a Wildlife Manager Cc: J. Brdehoft, R. Velarde, K. Wright, file STATE OF COLORADO COLORADO GEOLOGICAL SURVEY ~ COLORADO Department of Natural Resources ~--~, ~; , ,n ~ ~~ 1313 Sherman Street, Room 715 j ~~ 1 lG~ Denver, CO 80203 Phone: (303) 866-2611 Fax: (303) 866-2461 January 31, 2006 Legal: S29, T10S, R84W DEPARTMENT OF su-~~~hn~. w~ g ~ ~ NATURAL Ms. ~u RESOURCEs Pitkin County Community Development Department 130 South Galena Street sill ovens Aspen, CO 81611 Governor Russell George Re: Henke Property 1041 Hazard Review Executive Director CGS Review No. PI-07-0003 Vincent Matthews Division Director and State Geologist Dear Ms. Suzanne Wolff: In response to your request and in accordance with House Bill 1041 (1974), I visited the site and reviewed the site. plan on September 13, 2006. The, site consists of approximately twelve acres and is proposed for subdivision into one lot with three tlesignated,btaildin,g envelopes. Included. in the review package was. a. Development Review Application; prepared by Stan Clawson Associates, Inc.:~(6/29/06); which included a Geologc:Report, prepared by Yeh, and_Associates, Inc. (Yeh) (6/27/06). The site is located in gently to steeply sloping. topography on the west side of the Roaring Fork river valley, south of Aspen. The property is marked by steeply sloping topography along the western side, and flat, grassy flood plain to the east. The soil on the lower portion of the property is sandy gravel river alluvium. The geologic unit found on the upper portion of the property consists of lateral moraine glacial deposits. Large boulders and thin soils characterize the glacial deposits. The CGS is in general agreement with the observations and conclusion stated in the Yeh report. The primary geologic conditions likely to affect the development plan for this property are: slope instability, drainage, rockfall, and debris flow. Yeh recommends that these conditions be evaluated in more detail as part of a geotechnical investigation of the property, prior to application for building permit. Since mitigation of these conditions could include locating the proposed building envelopes to avoid-the hazard, the CGS.suggests that .these conditions be evaluated during. this phase of the approval process. If the applica`nt_c`anshov that.the;proposed building ' ,. envelope locations. would not change fromythe currently proposed location,.#hen,additional mitigation recommendations could be followed according,to the timeline proposed by Yeh.. Other than the issues mentioned above, there are no additional geologic conditions present at this site that would preclude the proposed development. If additional investigations are needed as part of this application process, the CGS is available to review the additional materials, at your request. If you have further questions about this site, please do not hesitate to contact me at 303-866-3350. Sincerely, Sean P. Gaffney Engineering Geologist Cc: file Page 1 of 1 Suzanne Wolff From: Suzanne Wolff Sent: Monday, November 06, 2006 3:03 PM To: 'Glenn Horn' Subject: RE: henke OK. I'll leave a note in the file, but assuming I'm not around when you submit the plan, give it to Bonnie and let her know that it needs to be referred to Warren. So I guess we will need 3 copies -one for me, one for Warren, one for True (or the new hearing officer!). From: Glenn Horn [mailto:ghorn@rof.net] Sent: Monday, November 06, 2006 2:15 PM To: Suzanne Wolff Subject: Re: henke Suzanne: OK. We have Mike Claffy working on the plan, so I will ask him to complete it. Glenn. Suzanne Wolff wrote: was showing Lance the site plan and he was concerned about the proposed restoration and stream enhancement envelope. said we would not approve the envelope without a specific plan. SO since this is scheduled so far out, thought i would give you the opportunity to provide a plan, otherwise they will have to come back in for a separate review for that envelope. if you submit something, it will have to be referred to Warren Rider with Env Health/Natl Resources, so we would need an additional fee of $560. also, i will put a copy of Kevin Wright's letter up front for you. that's the only referral i have so far. .~~~~ ~ 1 j! J~ [ 11/6/2006 COMMUNITY DEVELOPMENT DEPARI`L.~,~NT 130 South Galena Street Aspen, Colorado 81611 ~~ ~ ~~ (970) 920-5526., Pitkin County Land Use: 172. Board of Adjustment 159 County Land Use Code 174 Flat Fee ~-->' `"~y 162 Zoning and,Sign ~ ~ 169 ~'~~ . ~ PublicNotice ~ %~ 160 Plaguing Enforcement 175 Hearing Officer Referral-Fees: 210 Airport LUC01 County Clerk 211 County Engineer 194 Environmental Health. .208 .Historic, .1.98 :Housing J~ r ' ~' . ~. 190 Land Management 209 Redstone HPC 206 Wildlife Officer Building Fees: 170 Board of Appeals , 1.05 Building- Permit : , 120 Electrical Permit - 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110. Plumbing Permit T30 Renspection 152 AVFD Fire :Marshal ` 158 BFD Fire Marshal Other Fees: 155 Use Tax 1 165 Copy a PZ005 Master Plan Copy 185 Park Dedication. h ' ~ IS GIS Requirements ~ ~, i61 Housing Impact Fee !~~ B1202 Road Impact. Fee ~-/~ _.. B1203 School Impact Fee w ~~ .~. .«~ ~ TOTA ~ - L. . ~, ' '~ NAME: .~ . ~ ~ .a"~ ~ ..~~~-t ~f ~ ' ~ ADDRESS/PROJECT: ~ ~ ~ ~ "" ~ s~ ~ :rt<~ ~ .. ~ . PHONE: ~ cI-~cl~ M. ~ ', i ~ .: ~~ ~...~ CASE/PERMIT#: _ . DATE: ~ ...~ •'~„+" ~' ~ INITIAL: ~~ .,~,*~~,~<' .~ .. .~ _ . ~. . COM~~, DE~~PMENT DEPAgT~ 130 South Galena Street • Aspen, Colorado 8167 1 (970) 920- 5526 Pitkin County Lana 172 Use: Board of Adjustm 159 ent County hand U 174 se (:ode Flat Fee 162 Zoning and Sign 169 Public Notice+ 160 Planning Enfo 175 rcement Hearing Offi cer Referral Fees: 210 Airport LUCO1 County Clerk 193 County Engine 194 er Environmental H 208 ealth Historic ]98 Housing 190 Land Manageme t 209 n Redstone HPC 206 Wildlife Offi cer Building Fees: 170 Board of Appeals 105 Building Permit 120 Electrical Permit 195 Energy Code Re i 1 15 v ew Mechanical Per 150 mit Plan Check 110 Plumbing Peru 130 Reinspection 152 AVFD Fire Marshal 158 BFD Fire Marsha] Other Fees: 155 Use Tax 165 Copy PZ005 Master Plan C 185 opy Park Dedicati IS on GIS Requirements 161 Housing Impact Fe B 1202 e Road Impact F B1203 ee School Impact F EH025 ee Air quality Im Other pact Fee _~ ' O C~ ~_ TOTAL - '~O , QO ~DRE}~S/PROJECT: ~/~ ~3~- 2Q I- ter,.-„ _