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Home My WebLink Aboutpitkin.planning.264316100026 (2007)DOCUMENT LAYOUT THIS FILE MAP OR MAY NOT CONTAIN ALL OF THE INFORMA"LION LISTED BELOW IN THE FOLLOWING ORDER Summarf- Shect Resolution for the BOCC and/or PRZ Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Applicafion Pnblic Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (]1x17) ADMINISTRATIVE DETERMINATION OF THE COMMUNITY DEVELOPMENT DHtECTOR OF PITKIN COUNTY, COLORADO, GRANTING ACTIVITY ENVELOPE AND SITE PLAN APPROVAL FOR PATRICK/WENDEL Administrative Decision No. ~~-2007 RECTTALS 1. Kevin Patrick and Andrea Wendel (hereafrer referred to as "Applicants") have applied to Pitkin County Community Development Director ("Director") for Activity Envelope and Site Plan Review approval with vested rights to redevelop the subject property. 2. The Lot is zoned AR-10 and contains approximately 2.5 acres. 3. The Lot is GMQS exempt up to 5,750 squaze feet. No previous land use approvals apply to the parcel. 4. The Applicant submitted an application afrer July 6, 2006, therefore, the application is being considered pursuant to the 2006 Land Use Code, as amended. 5. Public notice was published in the paper on September 9`h, 2007. No objections were received within 30 days. 6. This approval repeals and replaces Administrative Decision No. 103-2007 recorded as Reception No. 543875. 7. The Director finds that: (a) The parcel is mapped within a Low wildfire hazard area and standards can be implemented to mitigate this hazard. APPROVED by the Director, subject to the following conditions: The Applicants shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any future building permit applications, the Applicants shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. Prior to issuance of a building permit application for the residence, the Applicant shall: A. Complete afireplace/woodstove registration form with the Community Development Department, if necessary. B. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre. C. [f necessary obtain a County access/driveway/turnaround permit acceptable to the Aspen Fire Protection District and County Engineer. RECEPTION#: 544626, 12/05/2007 at 11:71:41 AM, t OF s, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO Decision No~~-2007 Page 2 D. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. All slopes steeper than 2:1 shall utilize erosion control blankets. E. Submit engineered plans for retaining wall greater than four feet in height. F. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. G. Pay the applicable road and employee housing impact fees. H. Obtain a permit for construction of the ISDS. I. Applicant shall consult with County's Natural Resource Specialist regarding the adequacy of the Lot's water supply. 4. Prior to issuance of a building pennit, the Applicants shall submit a landscape plan for review and approval by the Community Development Director. 5. The Applicant shall comply with all standards for development within Scenic View Protection Areas as represented in the application and approved in this Determination. The residence shall use natural earth tone colors for the fapade of the residence and non-reflective roofing. Driveway lighting is prohibited and all other lighting shall comply with the lighting code. 6. Standards Applicable for Development in a Low Wildfire Hazard Area: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): 1) Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10' feet perimeter around all structures and non-combustible hardscape surfaces shall be installed. Firewood or other combustible materials shall not be placed within this area. 2) Vegetation along the east boundary of the property, along Lower River Road, shall remain for screening purposes. No native grasses under the brush and trees in this area shall be allowed. A weed barrier such as stone, gravel, or other similar material shall be located beneath brush and trees in this area. Trees and brush in this area shall be trimmed to 2 feet above the surface described above. 3) For the area on the western property boundary, the native grasses and other vegetation under the trees and brush shall be maintained at 6" or less. The lower branches shall be trimmed for access to maintain the native grasses. 4) All branches that extend over the roof eaves shall be trimmed and all branches within fifreen (15) feet of chimneys shall be removed. 5) All deadfall up to a one hundred (100) foot perimeter shall be removed. 6) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. Decision No. 2007 Page 3 B. Access 1) Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildtre hazards based on comments provided by the Colorado State Forest Service, the Sheriff's Department, local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. Where feasible, looped routes of access/egress to a public road shall be incorporated in the design of a proposed development. Looped routes of access/egress is defined as two (2) or more dedicated access roads to the main artery highway for widely separated ingress/egress; looped drives with one (1) entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Community Development Department may approve vehicular turnaround areas a maximum of seven hundred fifty (750) feet apart installed between the road intersection and its terminus. Turnaround areas shall be the same standard as cul-de-sac turnaround pads; these may be incorporated into the proposed driveway entries. 2) New dead-end streets shall not be permitted, except for cul-de-sacs and other turnarounds accepted by the applicable local fire district. 3) Cul-de-sac turnaround pads shall have a minimum of a thirty (30) foot drivable surface inside turning radius or a hammerhead or other T-turn area acceptable to the applicable local fire district. 4) New driveways and access roadway shall enter the roadway at aninety-degree (90°) angle for the first twenty-five (25) feet of the driveway. C. Water Supply for Fire Safety 1) When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by the Community Development Department and the local fire district. 2) Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The Lot shall have a minimum 5,000 gallon water storage tank. Verification of the closest hydrant satisfactory to the AFPD can mitigate this requirement. 3) All structures greater than five thousand (5,000) square feet in size shall be required to install in-house sprinkler systems that meet the standards of the AFPD and the adopted Building Code. At building permit submittal, the AFPD may require smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of proximity to fire protection services. D. Roofs and projections at or below roof line in shall be constructed according to the following specifications: I) Low Hazard Area 1. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: Decision No. J~-2007 Page 4 a. All roof coverings shall be Class A materials approved for installation on a Class-A Assembly as defined by the currently adopted Building Code. b. All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. c. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. d. Protrusions above the roofline, such as parapets, shall be prohibited. e. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. £ All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 2. No wood shakes or shingles. 3. All other adopted Building Code compliant methods and materials permitted. E. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/<) inch maximum. 3) Any outbuilding shall adhere to the same wildfire requirements. 4) Yards shall be kept clear of all litter, slash and flammable debris. 5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (I S) feet away from any structure. 6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8) Swimming pools and ponds shall be accessible by the local fire district. 9) Fences shall be kept clear of brush and debris. 10) Wood fences shall not connect to other structures. 11) Fuel tanks shall be installed underground with an approved container. 12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away From the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire-resistive construction on the exterior side of the walls. 13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 14) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on anon-combustible post. Decision No. ~-2007 Page 5 The Applicants shall comply with the following general conditions regarding wildlife: A. When existing native vegetation must be altered within the Activity Envelope, the Applicant may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species. Should there be no opportunity on the property for habitat mitigation or restoration, off- site mitigation benefiting the same species may be required, or financial mitigation may be paid into a County habitat mitigation fund should such a fund be established in the future. B. Manipulation of vegetation outside of the Activity Envelope is prohibited. C. Mesh or woven wire fences are prohibited outside the Activity Envelope. D. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. E. Wire fencing must be three (3) strands or less. The top wire should be a twelve-point- five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. F. Notwithstanding D. and E. above, the Applicant may install/maintain wood plank fencing, not exceeding 6' in height along the property perimeter as depicted on the approved Site Plan. G. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. H. In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs. I. Development shall be clustered to the maximum extent possible to minimize impact on wildlife. J. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. K. Trash/garbage shall be kept in an approved bear resistant container or enclosure. L. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (] 0) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. M. Horse grains, pellets, and cookies shall be stored in bear resistant containers. N. Pet food shall not be left outside. Applicable road and employee housing impact fees must be paid at building permit. 9. No development shall occur outside the approved building and landscape envelopes, with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved building envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. Decision No.~~~-2007 Page 6 10. Prior to commencement of any earthmoving or other construction activity, the Applicants shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. I1. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 12. 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 November3~, 2010. 13. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. PUBLISHED AFTEIj,ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asoen Times Weeklv on the 7 day of ~e~~, 2007. APPROVED by the Director, this 3o~day of /0~„w, 2007. Ci~ouben Community Development Director PID# 264316100026 P121-07 Page 1 of 2 Ezra Louthis From: glenn horn [ghorn@rof.net] Sent: Wednesday, November 21, 2007 2:18 PM To: Ezra Louthis Subject: Patrick Property No 20,000 Gallon Water Tank Required Ezra: Check out the email from Ton Popish to Orin Moon regarding the Patrick fire protection system. According to this email correspondence a water tank is not required. However, Patrick is installing a 5,000 gallon tank. Glenn. From: George Bruington [mailto:george@rasmussenconst.com] Sent: Thursday, November 08, 2007 3:34 PM To: Tony Popish Cc: glenn horn; Kevin L. Patrick; Julie Johnson Subject: FW: 7950 Upper River Road -Kevin Patrick property From: Tony [mailto:popisht@comcast.net] Sent: Saturday, July 21, 2007 6:59 AM To: George Bruington Subject: FW: 7950 Upper River Road -Kevin Patrick property From: Orrin Moon [mailto:orrinm@ci.aspen.co.us] Sent: Friday, July 20, 2007 4:31 PM To: Tony Subject: RE: 7950 Upper River Road -Kevin Patrick properly Tony: Change future hydrant to Woody Creek Plaza development instead of Dinsmoor rd. Everything else looks good. Orrin 11 /21 /2007 Page 2 of 2 From: Tony [mailto:popisht@comcast.net] Sent: Friday, July 20, 2007 1:34 PM To: Orrin Moon Cc: George Bruington Subject: 7950 Upper River Road -Kevin Patrick property Orrin, Per our discussion on Friday July 20, 2007, it is our understanding we will not be required to install a fire suppression water storage tank due to the proximity of the hydrant at the Woody Creek fire station and future hydrant at the adjacent development on Dinsmoor road. Please call if this is incorrect. Thanks, Tony Popish Rasmussen Construction 544-4650 11 /21 /2007 HOUGLAND & ASSOCIATES CONSULTING ON WILDFIRE HAZARD MITIGATION, FIRE PROTECTION AND BUILDING & FIRE CODES PHONE (9]0) 3844?21 /FAX (970) 384-1331 77 GAMBA DR1VE, GLEN WOOD SPRINGS, COLORADO 81601 tiresafo/disopris.ue[ DRAFT November 21, 2007 Mr. Glenn Horn Davis Horn, Inc. 215 South Monazch St. Suite 104 Aspen, CO 81601 Subject: Wildfire Hazard Mitigation Patrick-Wendel Property along Lower River Road, Pitkin County, Colorado Dear Mr. Horn, Thank you and Amy Capron for meeting me on site last Tuesday, November 13`" and for going over the proposed home site and preliminazy landscape plan. Because of the long native grass, up to 3-feet and the trees and brush adjacent to Lower River Road I would determine that this is currently a Medium Wildfire Hazard Area. The Preliminary Landscape Plan prepared by Amy Capron indicated attention to maintaining defensible space around the proposed house. We discussed on site my recommended break in the continuity of the vegetation along Lower River Road. The updated Landscape Plan that Amy later sent to me indicates a 35-foot break in the vegetation as we discussed. The Landscape Plan indicates a considerable amount of hard scape and irrigated lawn around the north, west and south sides of the house. However in addition to the removable of the trees and brush to create the 35-foot break along Lower River Road I recommend the following: I understand that the trees, brush and proposed shrubs along Lower River Road are desired as a visual, light and noise screen for the house. Pruning lower limbs to 10-feet or '/z the height of the tree or brush would make the screening ineffective. To make the screening effective and provide adequate fire safety it will take a combination of two methods. The first is to maintain no native grass under the brush and trees in this area and instead provide a weed barrier with stone, gravel or other similar material. The second is that the trees and brush along Lower River Road and along the driveway in the vicinity of the proposed garage should be trimmed to keep the lower branches at least 2-feet above the surface described above. OOOOf~1 o-C ~ 2. To the west in the area of the existing wood fence I recommend that the native grass and other vegetation under the trees be maintained at 6-inches or less and that the lower branches be trimmed [o keep them away from the grass and allow for the maintenance of the grass. New Construction: MEDIUM WILDFIRE HAZARD AREAS: Pitkin County has Structural Design and Construction Requirements, the following are paraphrased from the Pitkin County Land Use Code, chapter 7, Section 7-20-60 Wildfire Hazards and may or may not contain exact language but it is intended to be consistent with the intent and purpose of the Pitkin County requirements: Roofs shall be constructed with aClass-A roof assembly as defined in the 2003 International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted in wildfire areas unless they comply with the following: 1) All roof coverings shall be Class-A materials approved for installation 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 roof line, 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. 6) Vents: Soffit Vents shall be located in the outer 1/3`d of the overhang and screened with corrosive resistant wire'mesh, with mesh one-fourth inch ('/<")maximum. Maintenance: a) Roofs and gutters shall be kept clear of debris. b) Area shall be kept clear of all litter, slash and flammable debris. c) All flammable materials shall be stored on a parallel contour a minimum of fifteen feet (15') away from any structure. d) Weeds and grasses within the fifteen-foot (15') perimeter and under trees shall be maintained to a height of not more than six inches (6"). Miscellaneous: a) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen feet (15') away from the structure. b) Fences shall be kept clear of brush and debris. c) Wood fences shall not connect to the structure. Comment: Move rhrs up m perayreph above? J _... ~(1(1~1~n d) Any outbuildings or additional structures shall adhere to the same standards as structures. e) Each structure shall have a minimum of one ten (]0) pound Class ABC fire extinguisher. ~ Addresses shall be clearly marked with two-inch (2") non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on anon-combustible post. I also recommend a publication titled "Firewise Construction Design and Materials" available from the Colorado State Forest Service. If you have comments, questions or require additional information please contact me. Sincerely, Art Hougland NOTICE: This Wildfire Hazard Mitigation Analysis along with observations and recommendations is intended to be an aid to the owner, architect and vegetation management and/or landscape design and implementation professionals in the development of defensible space and of fire wise construction documents. The review of the existing wildfire hazard potential on this property and the observations and recommendations for the mitigation of these hazards does not constitute an acceptance of any responsibility by Hougland & Associates for errors, omissions or discrepancies. The behavior of wildfire is acknowledged to be capricious in nature. Hougland & Associates does not proclaim that circumstances, including improper maintenance, may not arise that would permit wildfire to overwhelm the mitigation measures recommended or implemented. Observations and recommendations aze intended to be collaborative with wildfire hazard mitigation guidelines of the Colorado State Forest Service and of other nationally recognized standards and are intended to be constructive and in support of the owners interest. 000003 i 00000~~ C?OR~C?O~ ~ $~~~~~~~ f(~~ef ~ °~ ~ ~~ s ~ ~ 0 s~3 ~m a" J rjgJ m1T C +IG 11~ 9 b~~ I_ y~ V O ~/ ~ nJ~ 0 0 =~ 0 0 ~ ~ ~~{S ~' ~ { F; ~ ~ CC ~ ~1 G ~ ~~ r ~~ 4 1 ~~ ' a~ ij I ~~.Q ~ 9! 3I ~y i ~ t\ Yi ~ i! / ~ ed a 1 i ~, ~! f 1 11//( ~ w r ~~^ {l 1 /"4 i ~~ -~ SAS .~ ~ f .,,,, ~ ,, ~fl l^- ;' ~ l i ) - ~~ ,q. ~ , ~. i d € ~ ' ~t c~ ~ ~ 4 ptp ~ z ~ _ "(i~~itj ADMINISTRATIVF, DETERMINATION OF THE COMMUNITY DF.VF,LOYMENT EIIRECTOR OF PITHIN COUNTY, COLORADO, GRANTING ACTIVITY ENVELOPE AND SITE PLAN APPROVAL FOR PATRICK/WENDEL Administrative Decision No.~-2007 RECITALS Kevin Patrick and Andrea Wendel (hereafter referred to as "Applicants'") have applied to Pitkin CounTy Community Development Director ("Director") for Activity Envelope and Site Plan Review approval with vested rights to redevelop the subject property. '. The Lot is zoned AR-10 and contains approximately 2.5 acres. 3. The Lot is GMQS exempt up to 5,750 square feet. No previous land use approvals apply to the parcel. 4. "fhe Applicant submitted an application after July 6, 2006, therefore, the application is being considered pursuant to the ?006 Land Use Code, as amended. 5. Public notice was published in the paper on September 9th, ?007. No objections were received within 30 days. 6. The Director finds that: (a) "fhe parcel is mapped within a Low wildfire hazard area and standards can be implemented to mitigate this hazard. APPROVEll by the Director, subject to the following conditions: The Applicants shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any future building permit applications, the Applicants shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 3. Prior to issuance of a building permit application for the residence, the Applicant shall: A. Complete afireplace/woodstove registration form with the Community Development Department, if necessary. B. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre. C If necessary obtain a County access/driveway/turnaround permit acceptable to the Aspen Fire Protection District and County Engineer. D. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. All slopes steeper than 2:1 shall utilize erosion control blankets. F.. Submit engineered plans for retaining wall greater than four feet in height. RECEPTION#: 543875, 1 110 6120 0 7 at 01:33:47 PM, ~ OF 9. R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO Decision Nu ~-Z00' Page F. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. G. Pay the applicable road and employee housing impact fees. H. Obtain a permit for construction of the ISDS. I. Applicant shall consult with County's Natural Resource Specialist regarding the adequacy of the Lot's water supply. 4. Prior to issuance of a building permit, the Applicants shall submit a landscape plan for review and approval by the Community Development Director. 5. The Applicant shall comply with all standards for development within Scenic Vicw Protection Areas as represented in the application and approved in this Determination. The residence shall use natural earth tone colors for the fagade of the residence and non-reFlective roofing. Driveway lighting is prohibited and all other lighting shall comply with the lighting code. b. Standards Applicable for Development in a Low Wildfire I Iazard Arca: A. Defensible Space: "fhe area around all buildings/struMures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as Collows (notr. actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): 1) Brush, debris, and non-ornamental vegetation shall be removed within a rninimum 10' feet perimeter around all structures and non-combustible hardscape surfaces shall be installed. Firewood or other combustible materials shall no[ be placed within this area. 2) Vegetation shall be reduced to break up the vertical and horiwntal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety lone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). 3) Spacing between clumps of brush and vegetation up to the thirty (30) toot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel All measurements shall be from the edges of the crowns of the fuel. 4) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 5) 'free crown separation within the thirty (30) toot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs snd down and dead materials shall be removed. 6) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. DecisionNo.~~ -200 Pine 3 7) All deadfall up to a one hundred (100) fuot perimeter shall be removed. 8) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Access l) Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriffs Department, local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. Where feasible, looped routes of access/egress to a public road shall be incorporated in the design of a proposed development Looped routes of access/egress is defined as two (2) or more dedicated access roads [o the main artery/highway for widely separated ingress/egress; looped drives with one (I) entrance puint or divided single entrances do not satisfy this condition. Where this is not feasible, the Community Development Department may approve vehicular turnaround areas a maxi~rium of seven hundred fifty (750) feet apart installed between the road intersection and its terminus. Turnaround areas shall be the same standard as cul-de-sac turnaround pads; ithese may be incorporated into the proposed driveway entries. 2) New dead-end streets shall not be permitted, except for cul-de-sacs and other turnarounds accepted by the applicable local fire district. 3) Cul-de-sac turnaround pads shall have a minimum of a thirty (30) foot drivable surface inside turning radius or a hammerhead or other "f-turn area acceptable to the applicable local fire district. 4) New driveways and access roadway shall enter the roadway at aninety-degree (90°) angle for the first twenty-five (25) feet of the driveway. C Water Supply for Fire Safety 1) When access to a public or private pressurized water system is not available or if it is necessary to augment tire protection water systems, private ponds may he used if approved by the Community Development Department and the local fire district. ?) Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The Lot shall have a minimum ?0,000 gallon water storage tank. Verification of the closest hydrant satisfactory to the AFPD can mitigate this requirement. 3) All structures greater than five thousand (5,000) square feet in size shall be required to install in-house sprinkler systems that meet the standards of the AFPD and the adopted Building Code. At building permit submittal, the AFPD may require smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of proximity to fire protection services. D. Roofs and projections at or below roof line in shall be constructed according to the following specifications: 1) Low Hazard Area Decision No. ~~_~_-Z00~ Page a I. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: a. All roof coverings shall be Class A materials approved for installation on a Class-A Assembly as defined by the currently adopted Building Code. b. All roof coverings shall be constructed of non-combustible materials and installed on a Class A root assembly. c. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. d. Protrusions above the rootline, such as parapets, shall be prohibited. e. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. f All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 2. No wood shakes or shingles. 3. All other adopted Building Code compliant methods and materials permitted. Decision No.~~-7.00' Page 5 E. Maintenance and Miscellaneous Requirements I) Roofs and gutters shall he kept clear of debris. 2) Root vents shall be screened with corrusive resistant wire mesh, with mesh one-fourth (!ia) inch maximum. 3) Any outbuilding shall adhere to the same wildfire requirements. 4) Yards shall be kept clear of all litter, slash and flammable debris. 5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (l5) feet away from any structure. 6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (I S) feet away from the structure. 8) Swimming pools and ponds shall be accessible by the local fire district. 9) Fences shall be kept clear of brush and debris. 10) Wood fences shall nut connect to other structures. I I) Fuel tanks shall be installed underground with an approved container. 12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour [ire-resistive construction on the exterior side of the walls. 13) Each structure shall have a minimum of one ten (10) pound ABC tire extinguisher. 14) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on anon-combustible post. 7. fhe Applicants shall comply with the following general conditions regarding wildlife: A. When existing native vegetation must be altered within the Activity Envelope, the Applicant may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species. Should there be no opportunity on the property for habitat mitigation or restoration, off- site mitigation benefiting the same species may be required, or financial mitigation may be paid into a County habitat mitigation fund should such a fund be established in the future. B. Manipulation of vegetation outside of the Activity Envelope is prohibited. C. Mesh or woven wire fences arc prohibited outside the Activity Envelope. D. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. E. Wire fencing must be three (3) strands or less. The top wire should be a twelve-point- tive (IZ.S) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. Deci.~ion No.l~-200' Puge 6 F. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (S) per acre whenever possible as nesting and perching habitat. G. In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs. H. Development shall be clustered to the maximum extent possible to minimize impact on wildlife. I. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. J. Trash/garbage shall be kept in an approved bear resistant container or enclosure. K. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between hvo (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. L. Horse grains, pellets, and cookies shall be stored in bear resistant container. M. Pet food shall not be left outside. 8. Applicable road and employee housing impact fees must be paid at building permit. 9. No development shall occur outside the approved building and landscape envelopes, with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved building envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. 10. Prior to commencement of any earthmoving or other construction activity, the Applicants shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certiticate of Occupancy. 11. No calculations for height, bulk, setback, size, floor area, or any other building, and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 12. Statutory vested rights for the approval contained herein are granted pursuant to the F'itkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4140 and C.R.S., § 24-68-1OS. The statutory vested rights granted herein shall expire on November ~, 2010. 13. Failure to comply with the conditions of this approval may result in revocation of this approvah or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. Decision No. ~(~ -200.' Puge PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the A Times Weekly on the day oC ~x~ . , 2007. APPROVF.ll by the Director, this ~ day of No~c..lu~, ?007. ~~UIZC~c~~*~ dl`o~r G~ Cin y Houben Community Development Director PID# 264316100026 P121-07 103- ZOO ~ SCHEDULE A Order Number: 45946-C7 LEGAL D1SCIZIP"LION Parcel A Fee: A tract of land situated in the SW 'id NE !< of Section 16, Township 9 South, Range 8:i West of the Sixth Principal Meridian, Pitkin County, Colorado, and more fully described as folllows: Beginning at a point whence the Northwest Corner of Lot 8 of said Section 16 bears North 09°SO' West 1348.57 feet; thence South 14°07' East 376.45 feet; thence South 60°25' Fast 380.1 feet to the Westerly line of D. & R.G.W. Railroad; thence North 11°12' West 642.3 feet along the Westerly line of ll.& R.G.W. Railroad; thence South 75°27' West 307.4 feet to the Point of Beginning. TOGETHER WI'T'H the following described h~act of land as described in Book 250 at Page 874. A tract of land situated in the S W '/ N E '/ of Section 16, 'T'ownship 9 South, Range 8'i West of the Sixth Principal Meridian, and more fully described as follows: Beginning at a point whence the Northwest Comer of Lot 8 of said Section 16 bears North 10°17" West 1505.00 feet; thence South 14°07' East 219.65 feet; thence South 60°25' East 380.1 feet to the Westerly line of the D.& R.G.W. Railroad; thence North 11°12' West 487.08 feet along the Westerly line of the D. & R. G. W. Railroad; thence South 75°06' West 299.52 feet to the Point of Beginning. EXCEPTING THEREFROM the following described tract of land as described in Book 255 at Page 703. All that part of the following described tract of land which lies Northeasterly of the Northeasterly right of way line of the Pitkin County Road, commonly ]mown as Woody Creek Road (now Upper River Road), said tract being described as Follows: That part of the SW '/4 NE '/ of Section 16, Township 9 South, Range 85 West of the Sixth Principal Meridian, described as follows: Beginning at a point whence the Northwest Corner of Lot 8 of said Section 16 bears North 10°17' West 1505.00 feet; File Number: 45946-C7 Slcwutl 'rrtle of C°lorado Inc. - r\spcn Drvisi°n Attached Legal Description Page 1 oft ~~f ~ ...e7-'1 ~1 J_._ TI'tlk __..,._-_ __..... yn~.. 1 ~l ._l-1"-T -~WAFI~Rlllaflf'll lll~ 1 _-_r._., r.-7...,_.r'T_.-,._f~~'717rernm t:•-__,ar-'n ri..__..._.,_ _ ... _-.wutt~rnrw--~~ 103- 200-7 [hence South 14°07' East 219.65 feet; thence South 60°25' East 380.1 feet, mare or less to the Westerly line of the D. ~c R.G.W. Railroad; thence North 11 ° 12' West 487.08 feet along said right of way line; thence South 75°06' West 299.52 feet, more or less, to the Point of Beginning. And also including the following `T'ract as described in a Court Decree Quieting Title as recorded as Reception No. 536578, Pitkin County Records Said tract oFland is situated in portions of the parcels known as Little Texas Lot 2, Little Texas Lut R and Little Texas Lot 4 al] in the Southwest Quarter of the Northeast Quarter of Section 16, Township 9 South, Range 85 West of the Sixth Principal Meridian being more particularly described as follows: Beginning at a point on the Southerly line oFsaid 1'alazzi Parcel from whence the Southwest Corner of said parcel bears North 60°23'00" West a distance of 0.96 fee[ with all bearings being relative to South 60°23'00" Fast the line between found monuments for said Southwest Comer and the Northeast Corner ol'said Little Texas Lot R both being survey monuments stamped LS 15710, thence the following six (6) courses along the existing fence line; South 20°18'46" West a distance of 18.35 fee; thence South 54°05'46" East a distance of 82.48 feet to a point on the Southeast line of said Little Texas Lot 2 from whence the Northeast Corner of said Lot Z bears North 40°37'55" East a distance of'27.43 feet; thence South 54°05'46" East a distance of 74.32 feet; thence South 56°45'57" Easl a distance of 79.07 feet; thence South 70°08'52" Fast a distance of 1595 Feet to a point on the Easterly line of said Little Texas Lot R; thence South 70°08'52" East a distance of 7.88 feet to the Northwest tine of Little Texas Lot 4; thence South 70°08'52" East a distance of 5.48 feet; thence North 11°24'45" West a distance of 4.35 Peet to a point on said Northwest line of Little Texas Lot 4; thence North 11°24'45" West a distance oi'42.62 Feet to a point on the South line of said Palazzi Parcel; , thence North 60°25'00" West a distance of 235.78 Feet to the Point of Beginning. *Parcel B Easement: The Easement Rights as containednr the Easement and Maintenance Agreement recorded County of Pitkin, State of Colorado Flie Number: 45`74Gd: i 5tewart'1'itlr of Colorado Inc. -.4apen Urv ision Anachcd Legal Descnpliou page z °rz ~~~~Vi~ __'~Tlf IT11 I'.."_.. 'I'I'tlr'-'-""' ..-1'ff__.. ~ 7 '"il-.". T11191ItBIf1fP`il"71811-. __.,. ...ti_._rsT :0'R~f'0111'Yn'AI"Nr[rt sir-nrrrr __..._.,__ --mmr~nrmrv MEMORANDUM TO: Cindy Houben, Pitkin County Community Development Director FROM: Ezra Louthis, Planner RE: Patrick/Wendel Activity Envelope and Site Plan Review DATE: October 30, 2007 SUMMARY: The Applicant is requesting Activity Envelope and Site Plan approval with Vested Rights to redevelop this property along Upper River Road with a barn, artist studio and primary residence. APPLICANT: Kevin Patrick and Andrea Wendel REPRESENTATIVE: Davis Horn Inc LOCATION: 7950 Upper River Road ZONING/LOT SIZE: AR-10/2.5 acres BACKGROUND: The parcel was developed in the 1950's with a residence, a barn and several outbuildings. REFERRAL COMMENTS: The AFPD, Environmental Health and Natural Resources and the Woody Creek Caucus all commented favorably towazds the proposal. STAFF COMMENTS: ACTIVITY ENVELOPE and SITE PLAN REVIEW (7-10-501: Request for an Activity Envelope and Site Plan must comply with the provisions and policies of Chapter 7. STEEP AND POTENTIALLY UNSTABLE SLOPES: Land Use Code Sec. 7-20-20 addresses standards for development on potentially unstable slopes; Response: The parcel is flat with a consistent grade less than 5%. WATER COURSES AND DRAINAGE: Land Use Code Sec. 7-20-30 addresses water resource standards which are applicable to all development. Response: The property contains no natural watercourses located on it. Drainage and erosion will be managed via a drainage and erosion control plan to be submitted at building permit. WILDFIRE: Land Use Code Subsection 7-20-60 addresses development in wildfire hazard areas. Response: The pazcel is rated a as Low Wildfire Hazard, and the Applicant will comply with the standazds in the Code. WILDLIFE: Land Use Code Sec. 7-20-70 establishes standards for development in wildlife habitat areas. Response: The property is not mapped for wildlife and standard conditions are in the attached Administrative Decision. LANDSCAPING AND VEGETATION PROTECTION: Land Use Code Sec. 7-20-130 is intended to preserve existing vegetation on a development site to the maximum extent possible. Response: The proposed Activity Envelope has a limited number of trees located within it, with the exception of some vegetation along Upper River Road, which is slated to remain. Scenic Review Upper River Road is the applicable scenic corridor. All non-exempt development located within a mapped Scenic View Protection Area shall comply with the following standards. (1) The proposed development shall utilize existing topography and natural vegetation, such as ridges, hills, and existing trees, to screen buildings to the maximum extent practicable when viewed from those right-of- way listed in subsection (b) above. Response: The property is flat, and the proposed structures are to be situated in the same locations as the existing structures, thus utilizing the existing vegetation along Upper River Road. (2) The proposed development shall avoid the location of structures within the Scenic View Protection Areas, and shall avoid the location of structures within any Viewplane identified in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan if possible. If location outside the Scenic Yiew Protection Area and defined Viewplanes is not practicable, then the proposed development shall not be located on the highest ground or most visible portion of any site as viewed from those corridors listed in subsection (b) above. Response: There are no scenic viewplanes associated with this Lot and the entire parcel is within the view protection area. (3) The proposed development's height and bulk shall be designed to avoid, to the maximum extent practicable, the visibility of buildings from those corridors listed in subsection (b) above. This may include, but shall not be limited to, breaking the mass of the building down into a series of smaller forms, articulation of the building facades to avoid a wall or row effect, and staggering rooflines to avoid a long unbroken plane. Response: The residence has been designed with staggered rooflines and fapade articulations to break op the mass of the structure. (4) The proposed structure shall be placed so it does not project above a ridgeline such that a structure silhouettes against the sky when viewed from those corridors listed in subsection (b), unless there are no alternate building sites on the lot or parcel. Response: The proposed structure does not break a ridgeline. (5) The proposed development shall be designed to complement the natural topography of the land through the use of techniques such as earth-sheltered design, the use of natural materials and coloring, the use of low-reflectance materials, or clustering of structures on the least visible portions of the site. When a building is proposed near a ridgeline, then its form (particularly its roof form) shall replicate, parallel, or complement the natural form of the ridgeline so that it appears to be an element of the natural ridgeline. Response: Architectural renderings of the addition show that the development will be of natural earth-tone colors. The Applicant will be conditioned to utilize low-reflectance materials. Topography on the Lot does not lend itself for natural screening. (6J The proposed development shall preserve natural vegetation and avoid development within irrigated meadows, to the maximum extent practicable. ~~0~~~ Response: The proposed development will be located such to avoid the existing vegetation, and will avoid the irrigated pasture on the property. (7) The proposed development shall install utilities in locations and through procedures that minimize visual impacts to the maximum extent practicable. Response: The Applicant has proposed to bury utilities for the residence. (8) All satellite dishes in the proposed development shall be located to minimize visibility from those rights-of- way listed in subsection (b), and shall use earth tone colors and/or screening to minimize their visual impact. Response: The Applicant has made no mention of installation of satellite dishes. (9) The proposed development shall not use earth moving and berms as the primary means of compliance with these regulations, but earth moving may be utilized in conjunction with other techniques to comply with standards in this section. Where earth moving techniques are necessary, man-made forms should be undulating and natural in appearance. Response: The Applicant will be conditioned to submit for approval a landscape plan acceptable to the Community Development Department and berms will not be used. (10) The exterior of all development, except development located and designed in the form of a ranch compound, shall be built or painted with indigenous earth tone materials or colors. The exterior of a ranch compound should be built or painted with indigenous earth tone materials, or shall be painted or stained using local, traditional ranch colors, which shall include shades of red, brown, or white. Paints or stains that simulate weathered barn wood also shall be permitted. Response: The Applicant will be conditioned to use natural earth tone colors. The barn is proposed to be reddish-brown color. (11) All roofs shall have anon-reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. Response: The Applicant will be conditioned to use non-reflective roofing and also comply with the appropriate exterior lighting standards. (12) Lands disturbed by earth moving or berms should be revegetated using native species that are already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas. Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival of planted native species. Response: The Applicant will be required to submit a revegetatation plan for disturbed areas that is consistent with vegetation of the surrounding areas. (13) To the maximum extent practicable, roads and driveways shall be located to skirt the edge of and avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening, a row of trees may be planted along the roads or driveways. To the maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid straight line corridors that are incongruous with the natural setting. 000003 Response: The proposed driveway skirts the edges of the property. Rural Character Building Location Guidelines: Section 7-20-120(e) outlines guidelines for development in the rural area of Pitkin County: Response: Although the parcel is located in the rural area of Pitkin County it is only 2.5 acres in size. The proposed development will be constructed in approximately the same area as the existing development. Landscaping and Vegetation Protection: Land Use Code Sec. 7-20-130 is intended to preserve existing vegetation on a development site to the maximum extent possible. RECOMMENDATION: Staff recommends approval of the Patrick/Wendel Activity Envelope, and Site Plan subject to the conditions of the attached Administrative Decision. ATTACHMENTS: 1. Draft Decision 2. EH&NR 3. AFPD 4. Woody Creek Caucus 000004 WOODY CREEK CAUCUS DISTRICT PLANNING COMMISSION P. O. BOX 297, WOODY CREEK, COLORADO 81656 October 9, 2007 TO: Ezra Louthis Pitkin County Community Development Dept. FAX: 920-5439 FROM: WOODY CREEK CAUCUS PLANNING COMMISSION RE: Patrick Activity Envelope and Site Plan (PID 2643-161-00-026; Case P121-07) The Woody Creek Caucus Planning Commission has reviewed the subject plan and has the following concerns: We note that the existing fence along the road is to be retained and improved. Many trees and the irrigated pasture have been retained. There will be fewer structures than at present, more open space, and a better septic system. No berms are planned. The Parcel "B" easement has not yet been presented, and there will be some language changes in the easement for the driveway. We generally approve of and support the subject plan. ~er ~ ,~ t . Schoeberlein or the Woody Creek Caucus District Planning Commission 000005 T'd S6ZL-ZZ6-OL6 uzaTuagaoyog •~ yaueC dTZ~90 LO BT Memo Ta Ezra touthis, Community Development Department Fm~rc Ed Van Walreven, Fire Marshal CC: Oatx October 17, 2007 ttr. Patrick PID#2643-161-00-026; Case P121-07 Ezra, This project shall meet all of the codes and requirements of the Aspen Fire Protection District This includes but is not limited to Fire Department Access (International Fire Code 2003 Edition Section 503), Turning around of fire apparatus (IFC Section 503.2.5), An approved fire sprinkler system shall be provided where required (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 Fke Marshal's Office for speafiCetions on the above requirements. Thank you, Ed ooooos MEMORANDUM To: Ezra Louthis, Planning Department From: Carla Ostberg, Environmental Health & Natural Resources Department Date: October 16, 2007 Re: Patrick Activity Envelope and Site Plan (PID 2643-161-00-026; Case P121-07) ------------------------------------------------ pp P P 9 SUMMARY OF RELEVANT PARTS OF APPLICATION: The a licant is ro osin to construct a new single family home and accessory structures, including a four stall barn and another barn with an attached artist studio. DISCUSSION: The Pitkin County Environmental Health & Natural Resources Department has reviewed the details of the Patrick Activity Envelope and Site Plan application under the authority of the Pitkin County Land Use Code and the Pitkin County ISDS Regulation and has the following comments. On October 16, 2007, Carla Ostberg conducted a site visit to the property. All structures had been demolished and the two existing wells had been flagged. --- WATER SUPPLY: There are currently two existing wells on the property. It is likely that one of the wells will need to be abandoned in order to meet minimum setback requirements to the proposed new onsite wastewater treatment system. No well permit information for either well was provided in the application. In connection with any Septic System Permit for this property, this Department will require proof of an adequate legal water supply, as defined in the current regulations. SEWAGE TREATMENT AND COLLECTION: The Environmental Health 8~ Natural Resources Department has no record of the existing septic system(s) on the property. If any system components are unearthed during the development of the site, they should be properly abandoned. All septic systems installed within Pitkin County require Septic System Permits issued by the Environmental Health & Natural Resources Department, and must comply with the County's ISDS regulations. The County cannot issue a Building Permit until a Septic System Permit has been obtained. The location of the well(s) serving the property and other wells in the vicinity must be considered with respect to siting of the onsite wastewater treatment system. ^/ Printed on Reryrled Paper 0 o O~ a I DavisHo~n~- PLANNING & REAL ESTATE CONSULTING October 15, 2007 Ezra Louthis Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Patrick Land Use Application Dear Ezra: I am submitting an affidavit of notice for the Patrick land use application. I am also submitting revised elevations for the bam. The design has slightly changed. Please contact me if you have questions. Thanks. Sincerely, DAVIS HORN INCORPORATED GLENN HORN AICP ALICE Dews AKP s GlErw F1oRN AKP 215 SOURi MONARCH Sr. • SURE 104 • ASPEN, COLORADO 81611 •970/925-6587 • FAX:970/925-5180 adavi~droEn~t ghom@raEnet Z O Z rn r rn O z Z rn n rn r rn C O Z Davis Hal n~• PLANNING & REAL ESTATE CONSULTING August 3, 2007 Mike Kraemer Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Patrick/Wendel Property - 7950 Upper River Road (PID #2643-161-00-026) Dear Mike: Davis Horn Incorporated represents Kevin Patrick and Andrea Wendel (Applicant), the owners of a metes and bounds property located at 7950 Upper River Road. The Applicant is seeking approval of an Activity Envelope and Site Plan with vested property rights to redevelop a single family home. Please refer to Attachment 1 for a Vicinity Map showing the location of the property and the surrounding area. This application addresses the subject site and land use requests under the following headings: Existing Conditions; Background; Land Use Reviews; and Summary. EXISTING CONDITIONS The subject site, formerly the Palazzi property, is located in Woody Creek above the Little Texas Subdivision, adjacent to the Woody Creek Trailer Park and a short distance southeast of the Woody Creek Tavern. Attachment 1 is the proposed Patrick/Wendel Site Plan/Activity Envelope Plan. The site contains an older home and barn built in 1956 which are to be demolished to allow for redevelopment with a new residence and accessory uses. The site contains approximately 2.5 acres and is zoned AR-10. BACKGROUND The subject property was developed in 1956 with a home, a barn, a shed and several outbuildings. All. of these are to be demolished. Attachment 2 is an aerial photo of the property which shows the existing uses. A letter from Stewart Title of Colorado demonstrating that the property has not merged with adjacent properties is found in Attachment 3. A legal description is attached to this non-merger letter. There are no previous approvals on the properly. ALICE DAVIS AICP S GLENN HORN AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 8161 1 •970/925-6587 • FAX: 970; 925-5180 O O n O ~ ~ ~ ^ , ^ adavis@rof.net ghorn@rof.net LAND USE REVIEWS The Applicant is proposing to demolish the existing improvements and redevelop the property with a single family home and accessory uses, including a four stall barn and another barn with an attached artist studio. As shown on the Pre-Application Conference Summary Sheet found in Attachment 4, the following sections of the Land Use Code must be addressed. This section of the application demonstrates compliance with the applicable Code sections. Section 2-30-20(g) Section 7-10-50 Section 7-20-20 Section 7-20-10 Section 7- 20-30 Section 7-20-130 Activity Envelope Criteria; Activity Envelope and Site Plan; Steep and Potentially Unstable Slopes; Site Preparation and Grading; Water Courses and Drainage; Landscaping and Vegetation Protection; Section 7-20-60 Wildfire Hazard -Mapped Low Wildfire Hazard Area; Section 7-20-70 Wildlife Habitat -area not mapped; Section 7-20-120 (d) Standards for Scenic View Protection Areas; and Section 7-20-120 (e) Rural Character Guidelines for Building Location Section 2-30-20(g) Activity Envelope -Criteria for Approval This Code section establishes that the applicant's request is an Administrative Review to be reviewed by the Community Development Director. The following criteria will be met as they are applicable to Activity Envelope and Site Plan Reviews. The criteria is given in bold and the applicants response follows. (g) CRITERIA FOR APPROVAL. (1) GENERAL..... an application for administrative review shall be approved if it complies with (a) all applicable provisions of this Land Use Code, (b) all applicable Land Use Policies listed in Section 1-60 and (c) all prior development approvals applicable to the subject project. Where the decision of the staff will result in the approval of a land use that is not permitted by right in the zone district where the property is located, compliance with the requirements of this Land Use Code shall include, but shall not be limited to compliance with those standards for special review uses in Sections 2-30- 30(h)(2) and 2-40-20 as applicable. The applicant will comply with all applicable provisions of the Pitkin County Land Use Code and with all applicable Land Use Policies. There are no prior development approvals. The residential and accessory residential uses proposed are allowed by right in the applicable AR-10 zone district so a Special Review is not required. -2- 000002 (2) SITE PLAN. A Site Plan shall be approved if it complies with (a) all applicable provisions of this Land Use Code, (b) any Activity Envelope previously approved for the property pursuant to Section 7-10-50 and (c)all prior development approvals applicable to the subject property. Where the property contains Constrained Areas, the Community Development Department staff shall follow those priorities for Locating New Activity or Development listed in Section 7-10-60. If an Activity Envelope has not been previously established for the property pursuant to Section 7-10-50, one shall be established as part of the Site Plan Review process. The applicant will comply with all applicable provisions of the Pitkin County Land Use Code. There has never been an Activity Envelope approved for the property and there are no prior development approvals applicable to the property. An Activity Envelope is established as part of this Site Plan Review Process. (3) ACTIVITY ENVELOPE. An application for designation of an Activity Envelope shall be approved if it complies with the standards and criteria established in Section 7-10-50. If the applicant chooses to apply for definition of an Activity Envelope separately from approval of a Site Plan, the Activity Envelope shall be designed to accommodate the largest home and related septic field possible on the site pursuant to Table 5-1 after the use of TDRs or a GMQS allocation to increase the house size. The definition of an Activity Envelope based on a maximum house size and septic field shall not create any presumption that a Site Plan for a house at that same size can or will be approved pursuant to this Land Use Code. The applicant may specify that the Activity Envelope is being created for a house smaller than the maximum allowed under Table 5-1, and in that event the Activity Envelope will be designated to accommodate a house and septic field of that size. Where the property contains Constrained Areas, the Community Development Department staff shall follow those Priorities for Locating New Activity or approval pursuant to the Environmental Health and Natural Resources On-Site Wastewater Treatment System regulations. The proposed Activity Envelope complies with the Section 7-10-50 which is addressed later in this application. This request is for both an Activity Envelope and a Site Plan approval; they are not being requested separately. The request is for a total of 5,750 square feet including a single family residence, a barn, and a barn with an attached artist studio. The septic system will be sized accordingly. Section 7-10-50 Site Plan and Activity Envelope The proposed Site Plan and Activity Envelope for the Patrick/Wendel Residence is found in Attachment 1. The Site Plan/Activity Envelope has been prepared in accordance with this section of the Code and will comply fully. The standards established in Section 7 of the Code have been used to determine the most suitable Activity Envelope, to review and approve the Site Plan and to regulate development within the Activity Envelope. The proposed Activity Envelope encompasses the entire -3- .. d00~Q~ property and various activities such as the solar panels, pasture, exercise ring, the home, barn and artist studio are identified on the Site Plan. The applicable standards of Section 7, as identified in the Pre-application Conference Summary in Attachment 4, are addressed here. Section 7-20-20 Steep and Potentially Unstable Slopes This section of the land use application demonstrates compliance with the Land Use Code standards for Steep and Potentially Unstable Slopes. Please refer to Attachment 1, the proposed Patrick/Wendel Site Plan/Activity Envelope Plan for the subject property. The property is flat, less than 1 % in grade across the property. Therefore, slopes are not an issue and the entire property has been included in the Activity Envelope. Section 7-20-10 Site Preparation and Grading The Activity Envelope encompasses the entire lot and therefore all grading and filling will be within the Activity Envelope. The site is essentially flat, so grading and site preparation will be more easily accomplished. Minor grading will occur, and drywells will be established if necessary. All site preparation and grading will be in conformance with the applicable requirements of Section 7-20-10 regarding grading and fill placement, clearing, grubbing and vegetation removal, tree removal, and the protection of the natural terrain. Section 7-20-30 Water Courses and Drainage There will be no encroachment or channeling activities in the nearby Roaring Fork River or any other water course. The project will meet any applicable requirements of the state and federal statues and regulations, including the U.S. Army Corps of Engineers. Section 7-20-30(c)addresses drainage. The development of the property and related activities will maintain historical flow patterns, runoff will be maintained to reasonably preserve the natural character of the area and to prevent property damage attributable to runoff rate and velocity increases, diversions, unplanned ponding and/or storm water runoff. The development will provide for unimpeded flow of natural water courses and ditches, adequate drainage for all low points, a drainage system designed to account for an entire drainage basin capable of accommodating runoff from the proposed development and where when applicable, the runoff from areas adjacent and upstream. The development will be in compliance with all of the requirements of Section 7-20-30, Water Courses and Drainage, including drainage, groundwater, irrigated areas, irrigation ditches, sedimentation and water quality requirements. All setbacks will be met. -4- noRo~~ Section 7-20-130 Landscaping and Vegetation Protection A Landscaping Plan with wildfire mitigation is found on the Patrick/Wendel Site Plan and Activity Envelope Plan in Attachment 1. This Plan meets or exceeds all the requirements of the Code. The Plan will comply with the Pitkin County Landscape Guidelines and Roadway Landscaping Guidelines when appropriate. The Landscape Plan for the site is intended to protect the rural character of the area by preserving natural vegetation to the maximum extent practical and by installing landscaping which will include naturally occurring species (except for flower gardens). Existing trees will be maintained and a row of bushes along Upper River Road will be maintained. Some areas will have native wildflowers and grasses. Wildfire hazard on the site is mapped as low. The Landscape Plan will help to mitigate the low wildfire hazard on the site and will meet or exceed all wildfire mitigation requirements. The landscaping will meet the standards regarding berms, landscape enclosures, utility easements, site distance (visibility clearance) and maintenance. The landscaping will enhance visual quality, minimize negative visual impacts and will further the intent of this section of the Code by providing appropriate screening using the recommended appropriate techniques and plants. Section 7-20-60 Wildfire Hazard Area The wildfire hazard on the subject site is mapped as low. The applicant will comply with the Land Use Code standards for low wildfire hazard including defensible space, access, water supply, roofing and maintenance requirements for low wildfire hazard if applicable. Section 7-20-70 Wildlife Habitat The subject property is not mapped as a critical wildlife area. Wildlife is disbursed throughout the vicinity, but there is no critical wildlife habitat on and near the property. Section 7-20-120 (d) Standards for Scenic View Protection Areas; The Scenic View Protection regulations are intended to preserve the character of Pitkin County through careful attention to the visible impacts of proposed development. The standards are designed to (1) minimize the impacts of development when viewed from 13 designated road corridors in the County, (2) maintain a natural ridgeline silhouette against the sky and to steer development away from ridgelines, (3) to insure developments are designed and located to complement the natural landscape and the natural features within the public viewplane in order to achieve an aesthetically pleasing atmosphere and (4) to reduce damage to natural landforms and views throughout the County. -5- fl~1~045 The Scenic View Protection Areas include scenic foreground areas, public viewplanes and rigelines which are designated on a map kept in the Community Development Department. The mapped areas are identified as viewed from 13 rights of way and two of the 13 are pertinent to he subject property. State Highway 82 is south of the property across the Roaring Fork River and the site is not visible from this scenic view corridor nor is a ridgeline broken as viewed from Highway 82. Upper River Road is also designated a scenic view corridor and the standards for development within Scenic View Protection Areas apply as do the rural character guidelines of the Code. The site will be cleaned up and views will be enhanced with the new development. The site is currently cluttered with rural storage and equipment and the new improvements will be a substantial improvement. Please refer to the elevations of the proposed home, barn and barn with an attached artist studio in Attachment 5. The East Elevation is the one seen from Upper River Road. There is an existing fence which will be retained and improved or possibly replaced at some point in the future. The fence has been there for many years and provides excellent privacy. It was constructed to screen truck traffic when Elam accessed the gravel pit at the entrance across Upper River Road from the subject property. This fence screens most the views of the home from Upper River Road. The East Elevation in Attachment 5 is as if there were no fencing screening the views. The proposed residence will have a stone and stone veneer exterior along with a high quality wood siding and a zinc (metal) roof. The view of the house from all sides steps in and out to break up the bulk and mass of the structure. The view from Upper River Road (if the fencing and existing trees were not there) is staggered as it steps in and out with the exterior barbeque, the kitchen, a mechanical room and the window side of the garage. The zinc, metal roof will have a matte, non-reflective finish and the wood will be stained or sealed in a natural color, not painted. There are several existing and new trees on the site which will also interrupt the house and break up the apparent length and scale of the structure. The standards for Scenic View Protection are addressed below. Please refer to the Patrick/Wedel Site Plan and Activity Envelope Plan with a Landscape Plan in Attachment 1 and the Elevations of the Proposed Residence in Attachment 5. (1) The proposed development shall utilize existing topography and natural vegetation, such as ridges, hills, and existing trees, to screen buildings to the maximum extent practicable when viewed from those right of ways listed in subsection (b) above. The site is flat. The existing and natural vegetation will be used as much as possible to minimize visual impacts from Upper River Road.. (2) The proposed development shall avoid the location of structures within the Scenic View Protection Areas, and shall avoid the location of structures within any Viewplane identified in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan if possible. If location outside the Scenic View Protection Area and defined Viewplane is not practical, then the proposed development shall not be located on the highest ground or most visible portion of any site as viewed from those corridors listed in subsection (b) above. . -6- OOOU~~~ The visible portions of the home from Upper River Road are minimal due to the existing privacy fence, but the landscape plan and home design will soften and screen the improvements, should the fence not be there at some point in the future. The clean up of the site and the existing fencing will also enhance the view corridor. (3) The proposed development's height and bulk shall be designed to avoid, to the maximum extent practicable, the visibility of buildings from those corridors listed in subsection (b) above. This may include, but shall not be limited to, breaking the mass of the building down into a series of smaller forms, articulation of the building facades to avoid a wall or row effect, and staggering rooflines to avoid a long unbroken plane. The proposed home has been designed to break the mass to avoid a wall or row effect. The home steps in and out between the barbeque, the kitchen, the mechanical room and the windowed wall side of the garage. The facades avoid a wall or row effect. The roof has four dormers which break up the rooflines and avoids a long unbroken plane. (4) The proposed structure shall be placed so it does not project above a ridgeline such that a structure silhouettes against the sky when viewed from those corridors listed in subsection (b) above. The proposed structures do not project above the ridgeline such that any structure silhouettes against the sky when viewed from Highway 82 or from Upper River Road. (5) The proposed development shall be designed to complement the natural topography of the land through the use of techniques such as earth-sheltered design, the use of natural materials and coloring, the use oflow-reflectance materials, or clustering of structures on the least visible portions of the site. When a building is proposed near a ridgeline, then its form (particularly its roof form) shall replicate, parallel, or complement the natural form of the ridgeline so that it appears to be an element of the natural ridgline. The proposed home has been designed to complement the natural environment and surrounding area. Earth tone colors and materials will be used, as will low-reflective materials. The exterior materials are stone, stone veneer and wood siding with a natural finish and color. The landscaping will be used to blend with the home and surrounding areas. The site is essentially flat and the site development and landscaping have been designed to compliment each other and blend with the natural environment. (6) The proposed development shall preserve natural vegetation and avoid development within irrigated meadows, to the maximum extent practicable. The proposed development will preserve the natural vegetation when practical. There is no irrigated meadow on the property, however, there is an irrigated pasture that will continue to be irrigated. -7- ~~~~U4~ (7) The proposed development shall install utilities in locations and through procedures that minimize visual impacts to the maximum extent practicable. Utilities for the proposed home are in place due to the existing house to be demolished. The septic system will be replaced as needed and required and will be located within the septic Field indicated within the Activity Envelope on the Site Plan. (8) All satellite dishes in the proposed development shall be located to minimize visibility from those rights-of--way listed in subsection (b), and shall use earth tone colors and/or screening to minimize their visual impact. The applicant agrees to meet this condition if satellite dishes are used. The dish will blend with the exterior materials of the home and will be an earthtone color that will minimize its visual impact. (9) The proposed development shall not use earth moving and berms as the primary means of compliance with these regulations, but earth moving maybe utilized in conjunction with other techniques to comply with standards in this section. Where earth moving techniques are necessary, man-made forms should be undulating and natural in appearance. Berms will not be used in the landscaping plan to meet these standards. All landscaping will be natural in appearance. The existing privacy fence will be repaired and improved or possibly replace at some point in the future. The existing and proposed trees and landscaping will minimize the visual impacts as well. (10) In the Rural Areas only, development shall be located so that activities and development occur in at least one of the locations specified in subsection (f) (should be subsection (e)) as they may apply to the particular property. The proposed home will be located behind an existing stand of vegetation and will not interrupt or obscure the existing the stand of vegetation. Supplemental vegetation as part of the landscape plan will provide further screening and will significantly improve the view from Upper River Road when compared to the existing view. The existing fencing along Upper River Road will be repaired, improved and enhanced with plantings and should significantly improve the view from the Road. (11) Earth Tone Materials. The exterior of all development, except development located and designed in the form of a ranch compound, shall be built or painted with indigenous earth tone materials or colors. The exterior of a ranch compound should be built or painted with indigenous earth tone materials, or shall be painted or stained using local, traditional ranch colors, which shall include shades of red, brown, or white. Paints or stains that simulate weathered barn wood also shall be permitted. Earth tone materials are proposed for the subject property and this criteria will be met. -8- ;0~00~ (12) Roofs. All roofs shall have anon-reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. The proposed residence will have zinc, metal roof which will have a muted, matte finish. Four dormers are planned which will break up the roofline. The roof will have anon-reflective color and composition and will meet this criteria. (13) Revegetation of Disturbed Areas. Lands disturbed by earth moving or berms should be revegetated using native species that are already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas. Irrigation shall be provided to the revegetated areas if it is necessary to ensure survival of planted native species. Re-vegetation will use native species. Topsoil will be stockpiled and placed on disturbed area and re-vegetated areas will be irrigated if necessary to ensure the survival of the plants. The applicant agrees to meet this criteria. (14) Driveways Avoid Dividing Meadows and Pastures. To the maximum extent practicable, roads and driveways shall be located to skirt the edge of and avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening, a row of trees may be planted along the roads or driveways. To the maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid straight line corridors that are incongruous with the natural setting. The driveway into the proposed home does not divide a meadow or pasture. It is short and minimally visible. The access to the barn and the artist studio on the opposite side of the property is also short and minimally visible and is within the historical access. Surrounding vegetation also minimizes visual impacts of the driveways. See the Site Plan/Activity Envelope Plan for the specific locations. Section 7-20-120(e) Rural Character Guidelines for Building Location As addressed in subsection (d) (10) above, the rural character guidelines for building location are applicable and will be met. The redeveloped home will be located in a similar location as the existing home and garage, behind an existing stand of vegetation and the improvements will not interrupt or obscure the existing stand of vegetation. Supplemental vegetation as part of the landscape plan will provide further screening and will significantly improve the view from Upper River Road when compared to the existing view. The existing fencing along Upper River Road will be repaired, improved and enhanced with plantings and should significantly improve the view from the Road. -9- ooooo~ SUMMARY This land use application seeks approval for Activity Envelope and Site Plan Review. The proposed Activity Envelope encompasses the entire property. The site is essentially flat and the proposal is to redevelop an existing house and accessory structures built in 1956. The structures on the property to be demolished include the existing home, barns and several outbuildings. One of the barns will be redeveloped as a barn with an attached artist studio for use by the owner. The application has demonstrated compliance with the Land Use Code sections identified in the Pre- Application Conference Summary sheet which appears as Attachment 4. The following is a list of Attachments. Attachment 1: Patrick/Wendel Site Plan and Activity Envelope Plan; Attachment 2: Aerial Photo of the subject property showing existing improvements to be demolished; Attachment 3: Non-merger letter from Stewart Title; Attachment 4: Pitkin County Pre-application Conference Summary; Attachment 5: Elevations of the Proposed Residence; Attachment 6: Authorization Letter; Attachment 7: Fee Agreement; Attachment 8: Proof of Ownership; and Attachment 9: List of Adjacent Property Owners. Please contact me if you need any additional information. Sincerely, DAVIS HORN INCORPORATED GLENN HORN AICP -10- oooo~o ~. 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See Exhibit "A" hereto and made a part hereof This statement is neither and abstract, opinion nor guaranty of title and is intended specifically and exclusively for the use of the Board of County Commissioners of Pitkin County in determination of "merger of title" ar lack thereof as said "merger" relates to the applicable statues, ordinances and restrictions of jurisdiction. It is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligations ar liability whatever on any statement contained herein. 0000.4 'i'~iit..~.~~.m. ...._._ ..~I rff_.____. _..._._.._ -.~.r_.-.. ~ ~__-~.~__.r.._~"fe~n^~~mn~rmdlr~.-...._. ..,~__.._;7-_ r r...r__...i-,rnr~-~rmnrrrlip!.-~irnirrir,__".,._.~ _. _.._._.....rnm~r~m~n,;..... Chuck Dorn Title Examiner SCHEDUI.!': A Order Number: 4594fi-C7 LEGAL DESCRIPTION Parcel A Fee: A tract of land situated in the SW '/ NE % of Sectian 16, Township 9 South, Range 85 West of the Sixth Principal Meridian, Pitkin Caunty, Colorado, and more fully described as follows: Beginning at a point whence the Northwest Corner of'I_ot 8 of said Section 16 bears North 09°50' West 1348.57 feet; thence South 14°07' East 376.45 feet; thence South 60°25' East 380.1 feet to the 'Westerly line of D. & R.G.W. Railroad; thence North 11°12' West 642.3 feet along the Westerly line of D.& R.G.W. Railroad; thence South 75°27' West 307.4 feet to the Point of Beginning. TOGETIIER WITH the following described tract of land as described in Book 250 at Page 874. A tract of land situated in the SW % N E '/ oi' Sectian 16, 'T'ownship 9 South, Range 85 West of the Sixth Principal Meridian, and mare fully described as follaws: Beginning at a point whence the Northwest Corner of Lat 8 of said Section 16 bears North 10° 17" West 1505.OU feet; thence South 14°07' East 219.65 feet; thence South 60°25' East 380.1 feet to the Westerly line of the D.& R.G.W. Railroad; thence North 11 ° 12' West 487.08 feet along the Westerly line of the D. & R. G. W. Railroad; thence South 75°06' West 299.52 feet to the Point of Beginning. EXCEPTING THEREFROM the fallowing described tract of land as described in Book 255 at Page 703. All that part of the following described tract of land which lies Northeasterly of the Northeasterly right of way line of the Pitkin County Road, commonly known as Woody Creek Road (now Upper River Road), said tract being described as follows: That part of the SW '/ NE '/ of Section 16, Township 9 South, Range 85 West of the Sixth Principal Meridian, described as follows: Beginning at a point whence the Northwest Corner of l,ot 8 of said Section 16 bears North 10° 17' West 1505.OU feet; File Number: 45146-C7 Stewart'fitleofC'olorado Ina -Aspen [)ivisiun Attached Legal Description Page 1 of 2 iiYl""i'"-1`" ;~.___~ 1_...~.---q-f1~G1~611~fflf?Ilk"li~"1T___.-... 1.,_r_n-_,__ ~.~-i-.- ~ .rorF~mnrnrrrrr:Tr-~r~rrrrr--.__.._.r. _.------- ~~ ~ ,, a- thence South 14°07' East 219.65 feet; thence South 60°25' East 380.1 feet, !Wore or less to the Westerly line of the D. & R.G.W. Railroad; thence North 11 ° 12' West 487.08 feet along said right of way line; thence South 75°Ob' West 299.52 feet, more or less, to the Point of Beginning. And also including the following Tract as described in a Court Decree Quieting Title as recorded as Reception No. 536578, Pitkin County Records Said tract of land is situated in portions of the parcels known as Little Texas Lot 2, Little Texas Lot R and Little Texas Lot 4 all in the Southwest Quarter of the Northeast Quarter of Section 16, Township 9 South, Range 85 West of the Sixth Principal Meridian being more particularly described as follows: Beginning at a point on the Southerly line of said Palazzi Parcel from whence the Southwest Corner of said parcel bears North 60°23'UO" West a distance of 0.96 feet with all bearings being relative to South 60°23'00" Fast the line betweel~ found monuments for said Southwest Corner and the Northeast Corner of said Little Texas Lot R both being survey monuments stamped LS 15710, thence the following six (6) cot.lrses along the existing fence line; South 20°18'46" West a distance of 18.35 fee; thence South 54°05'46" East a distance of 82.48 feet to a point on the Southeast line of said Little Texas Lot 2 from whence the Northeast Corner of said Lot 2 bears North 40°37'55" East a distance of 27.43 feet; thence South 54°05'46" East a distance of 74.32 feet; thence South 56°45'57" East a distance of 79.07 feet; thence South 70°08'52" F.,ast a distance of 15.95 feet to a point on the Easterly line of said Little Texas Lot R; thence South 70°08'52" East a distance of 7.88 feet to the Northwest line of Little Texas Lot 4; thence South 70°08'52" East a distance of'S.48 feet; thence North 11°24'45" West a distance of 4.35 feet to a point on said Northwest line of Little Texas Lot 4; thence North 11°24'45" West a distance of 42.62 feet to a point on the South line of said Palazzi Parcel; thence North 60°25'00" West a distance of 235.78 feet•to the Point of Beginning. *Parcel B Easement: The Easement Rights as contained in the Easement and Maintenance Agreement recorded County of Pitkin, State of Colorado File Number: 4544G-(:7 Stewart "title ufCulorado lnc. -Aspen t~ivisiun Attached Legal description Page 2 0!'2 ooo~~~ .,...lint~'ri~ut.r,-...._,. _._._...Gi nr._.,___.__ ...._lrr-----,-._._.i_~..i.i--;,..~~~1,^~no~rnlrmr,-r ------,--"-t't~'"~ f'rT----rp7~-ErlflltYll'Af~rr~n---mr-nrrrr-..._•rr-_r..__._._ °--tmrnwrirtarr~ _ - 1 t ~ « ~'1 l t+ L'~' P[TKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PROJECT: Redevelopment of a single family residence LOCATION: 7950 Upper River Road ZONING: AR-10/RS-30 PID# 2643-161-00-026 OWNERS: Kevin Patrick SIZE: 2.9 acres REPRESENTATIVE: Glenn Horn. PHONE and EMAIL: 925.6587 DATE: July 24, 2007 s'hc~nua~rol'.net PLANNER: Mike Kraemer, 920.5482 Type of Application: Activity Envelope and Site Plan Description of Project/Development: The Applicant is requesting approval of an Activity Envelope and Site Plan with vested rights to redevelop a single family residence. Land Use Code Sections to be addressed in letter of re uest a alication): Sec. 2-30-20(g): Activity Envelope Criteria for Approval; Sec. 7-10-50: Activity Envelope and Site Plan; Sec. 7-20-20: Steep and Potentially Unstable Slopes; Sec. 7-20-10: Site Preparation and Grading; Sec. 7-20-30: Water Courses and Drainage; Sec. 7-20-130: Landscaping and vegetation Protection. Sec. 7-20-60: Wildfire Hazard -Mapped Low Wildfire Hazazd Area; Sec. 7-20-70: Wildlife Habitat -area not mapped Sec. 7-20-120(d): Standazds for Scenic View Protection Areas; Sec. 7-20-120(e): Rural Character Guidelines for Building Location Staff will refer the application to the following agencies: Woody Creek Caucus, Aspen Fire District, and EH/NR. Review by: Community Development Director Public Hearing: No. However, the Applicant shall post a public notice si date specified for the Administrative Decision pursuant to Sec. 2-20-100 a g3 of the Land Use Code. In addition the the Applicant shall mail notice (by certified mail) to all ad'acent roe ()( ) address of the Community Development Department (form of notice to be obtan ed f om the Coemmunity Deve opmenIt Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. FEES: $3,324 (make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $2,772(non-refundable; based on 12 hours of staff time; if staff review time exceeds 14.4 hours, the Applicant will be charged for additional time above 12 hours at a rate of $231/hour) o Public Notice Fee: $50 o EH/NR Fee: $502 To apply, submit 4 conies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. Documentation on how the parcel was created; 3. Certificate ofnon-merger; 0~~~}13 / 4. 24" by 36" and 11" by 17" Activity Envelope and Site Plan as designated in Section 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; 5. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 6. Previous Land Use Approvals (if applicable); 7. Proof of ownership of subject property; 8. Parcel description, including legal description and vicinity map; 9. Total fee for review of the application; 10. Signed fee agreement (1 copy); 11. Consent from owner(s) to process application and authorizing the representative (1 copy) 12. List of all adjacent property owners and mineral estate owners (1 copy) 13. Copies of this pre-app form NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO- SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IFPOSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION. - ALL MAPS SHALL BE FOLDED. - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. OO~U~.8 0 a I ~- _1 I I I I 1 I ~' ~ \ i ~ ~ I I I yi i. ~ ~ ~_~l ~ I ~ ~~.,,I,,- .~ I~~~ ~ ~.. C._11~ ~i II~~i~ ,.ti ~.r I I ~I ~ I I II N I r ~~ n I - m i -- - -- 1 r - - m I o I fa 1, ti ill ~ 1, ',. - - l , z I ~j 1 I ~J ~ ~~ I I I III ii p-~~I~ I ~ ~~ ~%~ ~i I ,i,~i~ ~ YI ~ I I A ~ .~ ~ -\ d I y'E I t i l i I ~\ y_~ - - i_ t ,, 1 _ ~~I ~ C . I ~.I ~: i I I I I. f ~ i ~ !`ii ~~ 1. IJj ~` - ~ ~~ + I ~~ ~~ ~ll_ 1 ~1~, C_ IA /j~/ _-- - _ __- I I :- ~ - ~, F-- II ~ ~ -~ 'I I ~ (~ ~ I ~ I- I,- I -~--~- ~- i _ , ~ . I 1 ~ I ~- --- ~ I i II..._ L ~i __, I 1 I I I f 1 I -- ~ .~- ~ i l - ~ !1 1 ~~ ~-- --=1 l~J it ~, I - ~ ~. ~'~. ~ I ` . ~I ~~ ~ 1 ~~ C Ili 1 ~~I ~ . , III -_-- ~_ - rI =i,- ---_-z - 1_ _ - ,. ,. ., __ - I I- ' - _ {_~. I- ,` ~, I. 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IiN A YL,\N \IN(, 'U U!`xtn` ___ IpMinx nn.i .~ni ATTACHMENT_~_ Kevin Patrick and Andrea Wendel 730 East Durant Suite 200 Aspen, CO. 81611 August 2, 2007 Mike Kraemer Aspen Pitkin County Community Development 130 South Galena Street Aspen, CO. 81611 RE: Authorization to Submit a Land Use Application for the Patrick/Wendel Property at 7950 Upper River Road (Parcel ID# 2643-161-00-026) Dear Mike: As the owners of the property referenced above located at 7950 Upper River Road in Woody Creek, we authorize Davis Horn Inc. to submit a land use application on our behalf and to represent us in the land use review process. Should you have any questions, please call Davis Horn at 925-6587 or us at the number above. Thank you. Sincerely, Kevin trick Owner Andrea Wendel _ Owner ~ ~' ~~~ -., ATTACHMENT 7 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and K~v i n Pa-tri c~k t lV 11Gli~~ (,IJY~~,1,L~ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for I~ f~ n uQIDi~°. ~' ~" p ~f'1 Q.f?~I ~,1~ (hereinafter, THE PROJECT). ' 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 022-2006 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $3'324 which is based on !? hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director Effective 7/26/06 G:countyladmin\forms\agreement to pay f' ~~0~ ~t APPLICANT ~~ ~ Pcctrl A~ndi~ (.c~l2nd~. Print Name `J Signature Date: ~f /3/D ~' Mailing Address: ~ 73[~ Eas-aF Durarrf Sui ZDD ATTACHMENT, ~ , , BARGA)(N AND SALE DEED a- THIS BARGAIN AND SALE DEED is made this 1 st day of June, 2007 between James Palazzi and Karen P,alazzi, whose legal address is Box 277, Woody Creek, CO 81656 (hereinafter collectively "Grantor") and Kevin L Patrick and Andrea M. Wendel, as Tenants in Common whose legal address is `I30 E. DtJk~~' ~~, ~,~~I~ereinafter "Grantee"). WiTNESSETH, That the Grantor, for and in consideration of Ten Dollars and other good and valuable consideration, the receipt and sufficiericy of which is hereby acknowledged, hereby sells and conveys to the Cirzantee and Grantee's successors and assigns foreve=, all the right, title, interest, claim and demand which the Grantor has in and to the following real property located in the County of Pitkin, State of Colorado: An easement 31' in width. for access benefiting that Property conveyed to Grantors by General Warranty Deed dated December 3; 1987, recorded im Book 552 at Page 340, Pitkin County, Colorado records and described in deeds recorded in Book 552 at Page 340 and in Book 199 at page 61, Pitkin County records. IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth above. J e Palazzi ./ . •~~" Karen Pal i STATE OF COLORADO ) ss. COUNTY OF PiTKIN ) The foregoing instrument was acknowledged before me this 1st day of June, 2007 by James Palazzi and Karen M. Palazzi. WITNESS my hand and official seal My commission expires: 5~ ~ l ~ ~,pDQj ^ . ~t.~ o~y- Public LAURA M. ~uRa~w ~ con~aoa 051111008 00~~2~ ~+I~c~hrn~n-~ ~ DINSMOOR WILLIAM P J & JANE K A PO BOX 121 WOODY CREEK, CO 81656 264316100025 STURM ANGELICA 24540 ELM RD LAKE FOREST, IL 60045 264316101004 ASPEN FIRE PROTECTION DISTRICT 420 E HOPKINS AVE ASPEN, CO 81611 264316105800 WOODY CREEK DEVELOPMENT CO 6804 2ND ST/FRED HARTMEISTER LUBBOCK, TX 79416 264316100027 WINSTON BARBARA BATINKOFF 516 CROSS RIVER RD KATONAH, NY 10536 264316101005 Ad~a.~~nf ~r~p~r~`f MELBERG THOMAS A & MARILYN S PO BOX 630 WOODY CREEK, CO 81656 264316101003 ELAM CONSTRUCTION INC ATTN PROPERTY TAX DEPT 556 STRUTHERS AVE GRAND JUNCTION, CO 81501 264316102010 ©wn~r5 ~~~026° PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on November 21, 2007, the Pitkin County Community Development Director granted approval for the Approving the Amended Patrick Activity Envelope and Site Plan (Case P121-07; Deter. #114-2007). The property is located at 7950 Upper River Road and is legally described as a tract of land situated in the S W '/< NE Y4 of Section 16, Township 9 South, Range 85 West of the 6a' P.M. The State Pazcel Identification Number for the property is 2643-161-00-026. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Duector Pitkin County, Colorado Published in the Aspen Times Weekly, on December 16, 2007. PUBLIC NOTICE RE: Patrick Activity Envelope and Site Plan Review (Case P121-07) NOTICE IS HEREBY GIVEN that an application has been submitted by Kevin Patrick (730 East Durant, Suite #200, Aspen, CO 81611) requesting approval of an Activity Envelope and Site Plan with vested rights to redevelop a single family residence. The property is located at 7950 Upper River Road and is legally described as a tract of land situated in the S W '/4 NE '/a of Section 16, Township 9 South, Range 85 West of the 6th P.M. The State Parcel Identification Number for the property is 2643-161-00-026. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Ezra Louthis at (970) 920-5092. Published in the Aspen Times Weekly on September 9, 2007. Attention Adiacent Property Owners A property owner receiving this public notice shall provide comments or objections to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, By October 9, 2007. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on November 1, 2007, the Pitkin County Community Development Director granted approval for the Approving the Patrick Activity Envelope and Site Plan (Case P121-07; Deter. #103-2007). The property is located at 7950 Upper River Road and is legally described as a tract of land situated in the SW '/< NE '/e of Section 16, Township 9 South, Range 85 West of the 6a' P.M. The State Pazcel Identification Number for the property is 2643-161-00-026. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Asnen Times Weekly, on November 18, 2007. PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 August 29, 2007 Glenn Horn 215 South Monarch Street, Suite #104 Aspen, CO 81611 Re: Patrick Activity Envelope & Site Plan Review (PID#2643 -161-00-026; Case# P 121-07) 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. 1. Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property owners with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by (15 days out) September 9, 2007. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice shall provide comments or objections to the Community Development by (30 days out) the 9`" day of October, 2007. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 20 day of September, 2007, which is at least fifteen (15) days prior to the (30 day out) October 9, 2007. This must be submitted prior to any approvals being granted. If you have questions, please call Ezra Louthis, the planner assigned to your case, at 920-5092. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2-20-100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Woody Creek Caucus Environmental Health & Natural Resources Aspen Fire District FROM: Ezra Louthis, Community Development Department Re: Patrick Activity Envelope and Site Plan (PID 2643-161-00-026; Case P121-07) DATE: August 29, 2007 Attached for your review and comments are materials for an application submitted by Kevin Patrick. The Pitkin County Community Development Director will review the application. Please return your comments to me by Tuesday, October 9, 2007. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. Memo Ta Ezra Louthis, Community Development Department Frone Ed Van Walreven, Fire Marshal r;x: Dates October 17.2007 R« Patrick PID#2643-161-00-026; Case P121-07 Ezra, This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but is not limited to Fire Department Access (International Fire Code 2003 Edition Section 503), Turning around of fire apparatus (IFC Section 503.2.5), An approved fire sprinkler system shall be provided where required (IFC as amended Section 903), Water supply, a minimum of 20,000 galbns (IFC Section 508), and detailed wildfire mitigation plans for both landscaping and structural standpoints shall be submitted. Please have the appFcant contact the Fire t~shal's Ofiica for specifications on the above requirements. Thank you, Ed ~~QU~6 MEMORANDUM To: Ezra Louthis, Planning Department From: Carla Ostberg, Environmental Health & Natural Resources Department Date: October 16, 2007 Re: Patrick Activity Envelope and Site Plan (PID 2643-161-00-026; Case P121-07) ----------- ------------------------------ PP P P 9 SUMMARY OF RELEVANT PARTS OF APPLICATION: The a licant is ro osin to construct a new single family home and accessory structures, including a four stall barn and another barn with an attached artist studio. DISCUSSION: The Pitkin County Environmental Health & Natural Resources Department has reviewed the details of the Patrick Activity Envelope and Site Plan application under the authority of the Pitkin County Land Use Code and the Pitkin County ISDS Regulation and has the following comments. On October 16, 2007, Carla Ostberg conducted a site visit to the property. All structures had been demolished and the two existing wells had been flagged. --- WATER SUPPLY: There are currently two existing wells on the property. It is likely that one of the wells will need to be abandoned in order to meet minimum setback requirements to the proposed new onsite wastewater treatment system. No well permit information for either well was provided in the application. In connection with any Septic System Permit for this property, this Department will require proof of an adequate legal water supply, as defined in the current regulations. SEWAGE TREATMENT AND COLLECTION: The Environmental Health & Natural Resources Department has no record of the existing septic system(s) on the property. If any system components are unearthed during the development of the site, they should be properly abandoned. All septic systems installed within Pitkin County require Septic System Permits issued by the Environmental Health & Natural Resources Department, and must comply with the County's ISDS regulations. The County cannot issue a Building Permit until a Septic System Permit has been obtained. The location of the well(s) serving the property and other wells in the vicinity must be considered with respect to siting of the onsite wastewater treatment system. Printed on Re ytled Paper 000007 WOODY CREEK CAUCUS DISTRICT PLANNING COMMISSION P. O. BOX 297, WOODY CREEK, COLORADO 81656 October 9, 2007 TO: Ezra Louthis Pitkin County Community Development Dept. FAX: 920-5439 FROM: WOODY CREEK CAUCUS PLANNING COMMISSION RE: Patrick Activity Envelope and Site Plan (PID 2643-161-00-026; Case P121-07) The Woody Creek Caucus Planning Commission has reviewed the subject plan and has the following concerns: We note that the existing fence along the road is to be retained and improved. Many trees and the irrigated pasture have been retained. There will be fewer structures than at present, more open space, and a better septic system. No berms are planned. The Parcel "B" easement has not yet been presented, and there will be some language changes in the easement for the driveway. We generally approve of and support the subject plan. -s!/ /i6 P'or the Woody Creek Caucus District Planning Commission 000005 n T•d S6dL-zZ6-OL6 utaTuagaoyog -~ ~aueC dTZ~90 LD BT ~:, -. County of Pltkin } AFFIDAVIT OF NOTICE & } ss• MAILING PURSUANT TO State of Colorado } P[TKIN COUNTY LAND USE CODE SECTION 2-20-100 being or representing an Applicant to the Pttkm County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pltkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all owners of property adjacent to the subject property, as indicated on the attached list, on the ~ day of Sept , 200'7(which is~38ays prior to the public hearing date of 'N ~ ), The names and addresses of the adjacent ro on the current tax records of Pltkin Coun as the a ~ P ~~' owners shall be those hearin . ~' Y PPeared no more than 60 days prior to the public g 2. By mailing of notice copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prio o the public hearing to th wner(s) of the miners] estate erneath the subject p ~ property, as in 'cared on the attached list, the _ day of , 200_ which is da N to the publi Baring date of - Ys Prior _.~. a names and addresses of mineral estate owners shall be those the current tax records o itkin County as they ap o more than 60 da the public hearing. Ys prior to 3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the day of (~tnf 2007 which is at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached hereto. Applicant's name Signature ' (Attach photograph here) Si~n ed before me this ~~day of ~~ 2001 by ~~~vt ~1nvn WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Icy -G_ Z~_ n _ JANET LYNN RACZAK G:~nnr~.e,,,in~Pmms~eaidavit Signature •6-ZOQQ ~PI~BLIC NOTICE ~4[... 1•. n. DATE to t_oh~cNT~ ;•,i,~• `1° ~1vr. .~ M TIME ' NU ~iEg+ernr6:= PLACE ~_T~ \• ~-y F tJUE tOPC s SITE 1'1 Mti' _ .ti .f n ~., uF n_ j,tw_ _ _ _- ...w.~. [ ~~ . , - . .. , . . .nF~d•ro f0:.i:: ~~~..r .., ..~ ., ..,.. .~ i M;( 1 '!{~ 1 I ~ i1~ 1 ' ~ ~ ' I •n` III YI1 i /~ . ~ ,~ ~} {lpwS 7 Y ,fJ '.L 11 ' ~~, .r, Pl~BLIC NOTICE SATE TO GUr~„r nr r i v/n ~ BLIC NOTICE TO~Ope'1ENr: r.~~7/u/ `. J4 r. ~• TIME ' Nu HEg,t, Nc: ~ .,., Mi NP ~ X ) Y,~i~ ~~ I ~i r t i.~~ I ~" 1 l 0.t 1 2 ~l .~ . PosT~ PUBLIC NOTICE RE: Patrick Activity Envelope and Site Plan Review (Case P121-07) ~I~fv~ ~1 wig NOTICE IS HEREBY GIVEN that an application has been submitted by Kevin Patrick (730 East Durant, Suite #200, Aspen, CO 81611) requesting approval of an Activity Envelope and Site Plan with vested rights to redevelop a single family residence. The property is located at 7950 Upper River Road and is legally described as a tract of land situated in the S W %. NE %. of Section 16, Township 9 South, Range 85 West of the 6~ P.M. The State Parcel Identification Number for the property is 2643-161-00-026. The a~lication is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For fiuther infommation, contact Ezra Louthis at (970) 920-5092. Published in the Aspen Times Wcekly on September 9, 2007. A property owner receivinY this pnbHc notice shall provide comments or objections to the Pitkin County Commanity Development, 130 South Galena Street, Aspen, Colorado 81611, By October 9, 2007. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing OlRcer. 9/4/2007 ~ ,t CAMA SELECTED PARCELS SCaN t :3,727 ~ PARCELS Units • Fast STRUCTURES N - DRIVES - ROADEDGE - ROADS - WAT LIN O WAT POLY + I ., DINSMOOR WILLIAM P 1 & JANE K A WOODY CREEK DEVELOPMENT CO MELBERG THOMAS A 8c MARILYN S PO BOX 121 6804 2ND ST/FRED HARTMEISTER PO BOX 630 WOODY CREEK, CO 81656 LUBBOCK, TX 79416 WOODY CREEK, CO 81656 264316100025 264316100027 264316101003 STURM ANGELICA WINSTON BARBARA BATINKOFF ELAM CONSTRUCTION INC ~~ 24540 ELM RD 516 CROSS RIVER RD ATTN PROPERTY TAX DEPT LAKE FOREST, IL 60045 KATONAH, NY 10536 556 STRUTHERS AVE 2643161 O 1004 264316101005 GRAND JUNCTION, CO 81501 264316102010 ASPEN FIRE PROTECTION DISTRICT 420 E HOPKINS AVE ASPEN, CO 81611 264316105800 - _ ~ - .. ~IMUNITY DEVELOPMENT DEPAR~ 130 South Galena Street NT Aspen. Colorado 81611 (970) 920-5526 Pitkin County Land Use: 172 Board of Adjustment 159 County Land Use Code 174 Flat Fee ? ", ~~ 162 Zoning and Sign 169 Public Notice+ ~5'~ 160 Planning Enforcement 175 Hearing Officer Referral Fees: 210 Airport LUCO1 County Clerk 193 County Engineer 194 Environmental Health ~~, 208 Historic 198 Housing 190 Land Management 209 Redstone HPC 206 Wildlife Officer Building Fees: 170 Board of Appeals 105 Building Permit 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 152 AVFD Fire Marshal 158 BFD Fire Marshal Other Fees: 155 Use Tax 165 Copy PZ005 Master Plan Copy 185 Park Dedication f-~ IS GIS Requirements ~`J~ 161 Housing Impact Fee /~~f B1202 Road Impact Fee ! ~~ B 1203 School Impact Fee EH025 Air Quality Impact Fee Other TOTAL ~~~' NAME: ADDRESS/P PHONE: CHECK# CASE/PERMIT#: INITIAL: G r Lot 2, '3aU �� Dins oor Field) Prop rty Approx. Location of tic System 1347.43' Little Texas z 14 07'00"E (Noq,51'10"w e ' dta�, 4----a-•---p---p-.-q— o- ❑ tom- n—o—o— 29.76' 1348.57' o oSyt e 219.65' 156.89' " N09'So'00"w Lot R a t ,4 , d W a n Little Texasa E \ S M �x— x—x—x x x X ro Uro 2 x____ __ x E I �k " y t x x m OiJ Co+'1 + X� x x" x—x I a s N x —x x—x b ,PCgW h7 N iv 4 a (� tF E Fiev.. K{ A 'Al I - 7343.3 C 6 rn t� A SP'Q O / x 2 p G t. �� fie°'' `•O k Lx "J 1� / ' .a. 00 IV W019110, �, N 4' ° c4 n 427.87' 2`49'00' g D 300.27' Patrick Residence GREG MOZIAN AND ASSOCIATES, INC. Landscape Architecture • Environmental Planning 117 South Spring Street, Suite 202 Aspen, Colorado 81611 Ph: (970)925.8963 • Fax: (970) 925.1217 Email: hen0gregmoaiau.com Barnard et.al. Book 255, Page 703 487.08' 642.30' 60.0' ROW B156,p41 S1 j°410011 286.97' .4 $16`41 4 Improvement vur'vey Fiat Patra Residence / (previously PAazzl Reeidt" ) 5actlon 16, Township 9 5outh, Range 88 Wait of the 514h PM County Of Pitkin, State Of Colorado Parcel A Fee; A tract of land Situated in the 5W 1/4 NE 1\4 of Section 16, Township 9 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado, and more fully described ae, follows: Beginning ata point whence the Northwest Corner of Lot 8 of said Section bears North 09°50' Weot 134857 feet; thence South 14"`07' East 376.45 feet; thence South 60°25' East 380.1 feet to the Westerly line of D. & R.G.W. Railroad; thence North 11°12' West 642.3 feet along the Westerly line of D.& R.G.W. Railroad; thence South 75°27' West 307.4 feet to the Point of Beginning. TOGETHER WITH the following described trace, of and ao described in Book 250 at Page 874. A tract of land Situated in the 5W 1/4 NE 1/4 of Section 16, Township 9 South, Range 85 West of the 51xth Principal Meridian, and more fully described ao follows;: Beginning at a point whence the Northwest Corner of Lot 8 of said Section 16 bears North 10"17" West 1505.00 feet; thence South 14`07' East 219.65 feet; thence South 60'25' East 380.1 feet to the Westerly line of the D.& R.G.W. Railroad; thence North 11 °12' West 487.08 feet along the Westerly line of the D. & K. G. W. Railroad; thence South 75°06' West 299.52 feet to the Point of Beginning. EXCEPTING THEREFROM the following described tract of land ao described in Book 255 at Page 703. All that part of the following described tract of land which lies Northeasterly of the Northeasterly right of way line of the Pitkin County Road, commonly known ao Woody Creek Road (now Upper River Road), Said tract being described ao follows: That part of the 5W– NE 1/4 of Section 16, Township 9 South, Range 85 West of the Sixth Principal Meridian, described ao follows: Fnd Pin & Cap LS 20133 Woody Creek Subdvison Plat Book 54, Page 76 sz3.84, N00'0"'46"W 0�0.1 46„W Co Found Monument as described s Set 18” #5 rebar with 1 " orange plastic J cap, LS 24325 Set Mag Nail in asphalt 0 Q u UQ Utility Pedestal M Fuel Tank a �c U Wood rail, metal sectional, metal rail Q opo- a Lot 4, Little Texas Parcel V Number- 2645-161-00-026 Legend O Found Monument as described p Set 18” #5 rebar with 1 " orange plastic cap, LS 24325 Set Mag Nail in asphalt 0 Power Pole Well Q Utility Pedestal Overhead Power line Fuel Tank —x---x– Various Fences; Wooden Stockade, Wood rail, metal sectional, metal rail Q opo- Chain Link Fence Asphalt Paving Gravel 4 "40k 8, Deciduous Tree 4 - 04 ASPEN FIRE PROTECTION 10„ Conifer a U.S. pOSTAi- SERVICE. Bush Line Imo` 0,99all I .`_! page Beginning at a point whence the Northwest Corner of Lot 8 of Said Section 16 bears North 10`17' West 1505.00 feet; thence South 14°07' East 219.65 feet; thence South 60°25' East 380.1 feet, more or lege to the Westerly line of the D. & K.G.W. Railroad; thence North 11°12' West 487.08 feet along said right of way line; thence South 75°06' West 299.52 feet, more or lcoo, to the Point of Beginning. And also including the following Tract as described in a Court Decree Quieting Title ao recorded ao Reception No. 536578, Pitkin County Records Said tract of land to situated in portions of the parcels known ao Little T exao Lot 2, Little Texas Lot R and Little Texas Lot 4 all in the 5outhweot Quarter of the Northeast Quarter of Section 16, Township 9 South, Range 85 West of the Sixth Principal Meridian being more particularly described a5 follows: Beginning at a point on the Southerly line of Said Palazzi Parcel from whence the Southwest Comer of Said parcel bears North 60°23'00" West a distance of 0.96 feet with all bearings being relative to South 60°23'00" East the line between found monuments for Said Southwest Corner and the Northeast Corner of said Little Texas Lot R both being survey monuments stamped L5 15710, thence the following Six (6) courses along the existing fence line; South 20°18' 46" West a distance of 18.35 fee; thence South 54°05'46" East a distance of 82.48 feet to a point on the Southeast line of said Little Texae Lot 2 from whence the Northeast Corner of said Lot 2 bears North 40°37'55" East o dlotance of 27.43 feet; thence South 54°05'46"' East a distance of 74.32 feet; thence South 56°45'57' East a distance of 79.07 feet; thence South 70°08' 52" East a distance of 15.95 feet to a point on the Easterly line of said Little Texas Lot R; thence South 70`08'52" East a distance of 7.88 feet to the Northwest line of Little texas Lot 4; thence South 70°08'52" East a distance of 5.48 feet; thence North 11°24'45" West a distance of 4.35 feet to a point on said Northwest line of Little Texas Lot 4; thence North 11'24'45" West a distance of 42.62 feet to a point on the South line of Said Palazzi Parcel; thence North 60°25'00" West a distance of 235.78 feet to the Point of Beginning. "Parcel B Emamalt: The Easement Rights as contained in the Easement and Maintenance Agreement recorded .._..,.._ _ County of Pitkin, State of Colorado Disclaimer Applicant acknowledges that he/shy has barn Informed by Pitkin County of the existence of environmental hazard areae that might affect the property, any improvements, and the use and occupancy thereof, the provielons of the Pltkln County ragulatione do riot in any way assure or Imply that areas outelde of designated hazard araas will W free from hazards, or that approved mitigation measures will guarantee the safety of Pitkin Count Community Peyalopment Director This 51te Plan / Activity Env�do,pe Plan has been reviewed and approved by the Pitkin County Community Development Director thie 1g6bday of t U. 2 6%n , subJect to Community Developmant g000ltrMnI' no, 1114 - 2PO recorded as reception no. 544fk 1fa 4t h,1a., ew 7 j- G/ U2i Acceptance for racordine This 51te Plan / Activity Envelope Plan has been accepted for filing in the office f the Clerk and Recorder of the county of Pitkin, state of Colorado, at 16: /1 o'ckzek._m. Thleda;y of. in plat book _ _at page "as reception rwmbar,�[', IS. *+w. 4L wow Nota Propoead improvement locations are approximate and may vary slightly as part of Wildho permit submisslon. Slope are less than 1% acroee the slope from southeast to Northwaot. RECEPTION#: 544815,12/1212007 at 10:11:53 AM, 1 OF 2, R $21.00 Janice K. Vos Caudill, Pitkin County, CO PLAT BK 85 PG 93 6 August 2007 111=40' +aw PLANT LIST Existing vegetation on site consists of Colorado Spruce, Quaking Aspen, Cottonwood and numerous small fruit trees. Various planted shrubs and groundcovers have been introduced. Lilac shrubs create much of the existing Screening from Upper River Road on the East side of the existing / proposed home. Note: Grading as shown. Additional detail to be provided at building permit submission. Existing Deciduous Tree Existing Coniferous Tree + Existing Tree to be Removed (8 total) ` ` $ (size Indicated by caliper at breast height) 0t Proposed Deciduous Tree a� 'roposed Coniferous Tree t 0t Do _. �.........._..............fit:........ l�. Property Line & Activity Envelope PatrickmWendel Residence GREG MOZIAN AND ASSOCIATES, INC. Landscape Architecture • Environmental Planning 117 South Spring street, Suite 202 Aspen, Colorado 87.611 Ph: (970) 925.8969 Pax: (970) 925-129.9 Email: gma0rof.net 7350 Plan / Prelh revd 11/14/07 7/07 6 August 2007 scale: 1 "= 20'-011 Eopuluet of&rUPC l �145151 Existing vegetation on site consists of Colorado Spruce, Quaking Aspen, Cottonwood and numerous small fruit trees. Various planted shrubs and groundcovers have been introduced. Lilac shrubs create much of the existing Screening from Upper River Road on the East side of the existing / proposed home. Note: Grading as shown. Additional detail to be provided at building permit submission. Existing Deciduous Tree Existing Coniferous Tree + Existing Tree to be Removed (8 total) ` ` $ (size Indicated by caliper at breast height) 0t Proposed Deciduous Tree a� 'roposed Coniferous Tree t 0t Do _. �.........._..............fit:........ l�. Property Line & Activity Envelope PatrickmWendel Residence GREG MOZIAN AND ASSOCIATES, INC. Landscape Architecture • Environmental Planning 117 South Spring street, Suite 202 Aspen, Colorado 87.611 Ph: (970) 925.8969 Pax: (970) 925-129.9 Email: gma0rof.net 7350 Plan / Prelh revd 11/14/07 7/07 6 August 2007 scale: 1 "= 20'-011